Davidson v. Citizens Gas & Coke Utility

238 F.R.D. 225, 2006 U.S. Dist. LEXIS 26025, 2006 WL 694291
CourtDistrict Court, S.D. Indiana
DecidedMarch 10, 2006
DocketNo. 1:03-cv-01882-SEB-JPG
StatusPublished
Cited by9 cases

This text of 238 F.R.D. 225 (Davidson v. Citizens Gas & Coke Utility) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davidson v. Citizens Gas & Coke Utility, 238 F.R.D. 225, 2006 U.S. Dist. LEXIS 26025, 2006 WL 694291 (S.D. Ind. 2006).

Opinion

ORDER DENYING CLASS CERTIFICATION

BARKER, District Judge.

This matter is before the Court on Plaintiffs’ Renewed Motion for Class Certification. For the reasons discussed in this entry, we deny class certification in this case.

I. Background

This case was originally filed on December 5, 2003, on behalf of eight African-American employees of the Defendant, Citizens Gas & Coke Utility (“Citizens”) who claimed they were required to take a test, known as the Work Competency Assessment (“WCA”), as a part of their efforts to gain promotions. Each Plaintiff took and failed the exam but claims in this litigation that the test was not a valid test, that it had a disparate impact on African-Americans in general and caused each of them to be treated unfairly with respect to the promotions they sought and, because of the test, were unable to obtain. An Amended Complaint, filed on June 12, 2004, added class action allegations, seeking to include along with the original eight Plaintiffs all other employees who were required to take the WCA in order to be promoted, and added another claim on behalf of employees who were required to take the exam in order to qualify to be hired. The amended class action complaint asserts disparate treatment and disparate impact claims under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act, 42 U.S.C. § 2000e and proposed that the original eight Plaintiffs serve as class representatives.

Since the first amended complaint was filed in the summer of 2004, this case has involved a protracted series of attempts by Plaintiffs’ counsel to add named plaintiffs through sequential amendments to the Complaint. We denied a prior motion for certification without examination of the merits, and allowed Plaintiffs to refile their motion after completing additional discovery, including conducting a full review of the terms of a settlement that had previously been reached between Citizens and the Equal Employment Opportunity Commission on behalf of a group of African-American job applicants who had taken the test in hopes of obtaining employment. There are presently before the Court ten named Plaintiffs, which group includes both current employees who took the WCA for purposes of promotion or transfer and unsuccessful applicants who took the exam in hopes of landing a job with the company.

[227]*227In addition, we have previously entered a partial summary judgment in Defendant’s favor regarding certain disparate impact claims brought under 42 U.S.C. § 1981. What remains are claims of disparate impact and disparate treatment under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e and disparate treatment under 42 U.S.C. § 1981.

Three separate threshold WCA scores factored into the determinations of whether a test-taker qualified for an open supervisory, customer relations or other position. Plaintiffs seek certification of a class defined according to these categories, as follows:

All African-American individuals negatively affected by Citizens’ use of the WCA, as defined by the following sub-classes:
a. All African-American employees and applicants who took and did not pass with a score of 542 or higher on Defendant Citizens Gas’ Work Competency Assessment test.
b. All African-American employees and applicants who took and did not score 570 or higher on Defendant Citizens Gas’ Work Competency Assessment.
e. All African-American employees and applicants who took and did not score 595 or higher on Defendant Citizens Gas’ Work Competency Assessment test.

In the alternative, Plaintiffs propose these same sub-class definitions but with a time limitations period between July 1, 2000 until the date when Defendant stopped using the WCA in 2004. The three sub-classes differentiate among the three scores required to qualify, first, for supervisory (595), second, for customer relations (570) and third, for other (542) positions. If Plaintiffs’ analysis and tabulations are correct, the largest of the three sub-classes (those who did not achieve a score of 595 or better) contains more than 1600 members and the smallest contains more than 1100 members; (stated otherwise, fewer candidates achieved the highest scores.)

As previously alluded to, this litigation has proceeded in fits and starts over an extended period of time and for a variety of reasons, including Plaintiffs’ counsel’s dilatoriness and lack of careful management of the discovery process.1 Disputes have arisen between the parties with frustrating regularity at virtually every step of the way, often involving needlessly petty conflicts, such as opposing each other’s requests to increase briefing page limits. Perhaps the court, having wearied of these spats and reluctant to expend scarce judicial resources to provide weekly supervision of the parties’ unseemly efforts to outdo each other, tolerated for too long Plaintiffs’ counsel’s faltering attempts to shape and re-shape the issues of her case and refine the class allegations. In any event, we have reached a point where we cannot allow the flow of ink to continue un-staunched, and so we turn once more — hopefully for the final time — to the issue of whether this matter should proceed as a class action.

II. Certification Requirements

Plaintiffs move for class certification pursuant to Fed.R.Civ.P. 23(b)(3). To achieve class certification they must establish that the requirements of Fed.R.Civ.P. 23(a) have been met and then demonstrate that “the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.” Fed.R.Civ.P. 23(b)(3). The requirements of Rule 23(a) certification are the well known: l)numerosity, 2) commonality, 3)typieality, and 4) adequacy. Fed.R.Civ.P. 23(a). The factors pertinent to a determination of whether common issues predominate making a class action the superior method of proceeding to resolution include: A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; C) the desirability or undesirability of concentrating the litigation of the claims in the particular [228]*228forum; and D) the difficulties likely to be encountered in the management of a class action. Fed.R.Civ.P.

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Bluebook (online)
238 F.R.D. 225, 2006 U.S. Dist. LEXIS 26025, 2006 WL 694291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davidson-v-citizens-gas-coke-utility-insd-2006.