Ballesteros v. Lucky Stores Stipulation of Agreement; Consent Decree in Full Settlement of Class Claims
Public Court Documents
November 28, 1986
Cite this item
-
Brief Collection, LDF Court Filings. Ballesteros v. Lucky Stores Stipulation of Agreement; Consent Decree in Full Settlement of Class Claims, 1986. ca6a2172-be9a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/3ef3edc9-9854-4496-baba-c4e70edfaf6c/ballesteros-v-lucky-stores-stipulation-of-agreement-consent-decree-in-full-settlement-of-class-claims. Accessed October 09, 2025.
Copied!
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
BILL LANN LEE
STEPHEN M. CUTLER
CENTER FOR LAW IN THE PUBLIC INTEREST
10951 West Pico Boulevard, Third Floor
Los Angeles, CA 90064
Telephone (213) 470-3000
PEARL LATTAKER
3550 Wilshire Boulevard
Los Angeles, CA 90010
Telephone: (213) 387-6628
ANTONIA HERNANDEZ
LINDA WONG
THERESA FAY BUSTILLOS
MEXICAN AMERICAN LEGAL DEFENSE
AND EDUCATIONAL FUND
634 South Spring Street, Eleventh Floor
Los Angeles, CA 90014
Telephone: (213) 629-2512
Attorneys for Plaintiffs
PATRICK J. MAHONEY
CASSANDRA M. FLIPPER
COOLEY, GODWARD, CASTRO,
HUDDLESON & TATUM
One Maritime Plaza, Suite 2000
San Francisco, CA 94111
Telephone: (415) 981-5252
Attorneys for Defendant
CO 1—
ccCO a u.— yl —*-3
cn v O j
CD • UJ
-j~i *~Z c?
PO '£> ̂ - Q <
D —i tn■ •<' oCO d -JC'-i ^ 5
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
fSENl$£ BALLESTEROS and CHERYL D.
^CHISLOM, on behalf of themselves
and others similarly situated,
Plaintiffs.
v.
LUCKY STORES, INC.,
Defendant.
) Case No.
)) STIPULATION OF AGREEMENT
)
)
)
)
)
)
)
)
)
STIPULATION OF AGREEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
The parties in the above litigation have entered into the
attached Agreement, with exhibits thereto, that fully resolves
the controversy pending the approval of this Court, as set.'",
forth in the Agreement.
DATED: rjf rfjrC BILL LANN LEE
/ r STEPHEN M. CUTLER
CENTER FOR LAW IN THE PUBLIC
INTEREST
PEARL LATTAKER
ANTONIA HERNANDEZ
LINDA WONG
THERESA FAY BUSTILLOS
MEXICAN AMERICAN LEGAL DEFENSE
AND EDUCATIONAL^FUND /;
Attorneys for Plaintiffs
DATED: (*i?C PATRICK J. MAHONEY
1 CASSANDRA M. FLIPPER
COOLEY, GODWARD, CASTRO,
HUDDLESON & TATUM
Patrick^". Mahoney
Attorneys for Defendant
STIPULATION OF AGREEMENT 2.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
>)
AGREEMENT
THIS AGREEMENT is entered into on the date(s) hereinafter
set forth by and between the class described in Ballesteros and
Chislom v . Lucky Stores, Inc ̂ (hereinafter the "class") and
Lucky Stores, Inc. (hereinafter "Lucky").
WHEREAS, as more particularly set forth in a document
entitled "Consent Decree in Full Settlement of Class Claims"
(hereinafter "Consent Decree"), a copy of which is attached
hereto as Exhibit "1," the parties wish to resolve all issues
in dispute between them with the understanding that this
Agreement does not constitute any admission by Lucky that it
has engaged in discriminatory practices proscribed by
Title VII, the Civil Rights Act of 1866 or otherwise, and in
fact Lucky disclaims any such violations;
NOW THEREFORE, in consideration of the mutual covenants
contained herein, it is hereby agreed as follows:
1. The parties agree to sign and file a stipulation and
order requesting that the United States District Court treat
the certification of the class to be for settlement purposes
only.
2. The parties agree to sign and to recommend the
Consent Decree to said Court for approval under Federal Rule of
Civil Procedure .23(e ).
3. The parties agree to request said Court to direct
that a Notice of Class Action and Proposed Settlement
(hereinafter "Notice"), in a form substantially similar to that
attached as Exhibit A, be sent by mail to class members whose
3.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
addresses are readily available, and to be published.
4. The parties agree to request that said Court set a
fairness hearing for the purpose of hearing objections to
settlement of the class claims.
5. Members of the class who wish to opt out of this
action may do so only if they in a timely fashion complete and
submit written notification pursuant to the Legal Notice. All
members of the class who do not in a timely fashion submit such
notification will be entitled to the benefits and otherwise be
bound by the Consent Decree in the action. If one hundred
(100) or more persons opt out and exclude themselves from the
benefits and effects of the proposed Consent Decree, Lucky, at
its option, by written notice to class counsel, may cancel this
Agreement. Said notice must be given within ten (10) days of
notification to Lucky of the persons who opted out.
6. The two (2) named class members who are entitled to
individual relief pursuant to the Consent Decree will each sign
a Settlement Agreement and General Release that applies to her
claim, which settlement agreements are attached hereto as
Exhibits "2" and "3." If for any reason any of such two (2)
named class members fails to sign the applicable Settlement
Agreement and General Release, either party, at its option, by
written notice to the other, may cancel this Agreement. Said
notice must be given within ten (10) days of the date the
cancelling party learns of such failure.
7. If for any reason the Court refuses to certify the
class for settlement purposes, to direct notice to the class or
does not approve and enter the proposed Consent Decree, either
4 .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3)
party, at its option, by written notice to the other, may
cancel this Agreement. Said notice must be given within ten
(10) days of such court action.
DATED: AZ, M'J i <i ( C
BILL LANN LEE
STEPHEN M. CUTLER
CENTER FOR LAW IN THE PUBLIC
INTEREST
PEARL LATTAKER
ANTONIA HERNANDEZ
LINDA WONG
THERESA FAY BUSTILLOS
MEXICAN AMERICAN LEGAL DEFENSE
Attorneys for Plaintiffs
DATED: ^ 7^ /*! <rC PATRICK J. MAHONEY
CASSANDRA M. FLIPPER
COOLEY, GODWARD, CASTRO,
HUDDLESON & TATUM
Patriic)£̂ J.' Mahoney
Attorneys for Defendant
5 .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2)
BILL LANN LEE
STEPHEN M. CUTLER
CENTER FOR LAW IN THE PUBLIC INTEREST
10951 W. Pico Boulevard, Third Floor
Los Angeles, CA 90064
Telephone: (213) 470-3000
PEARL LATTAKER
3550 Wilshire Boulevard
Los Angeles, CA 90010
Telephone: (213) 387-6628
ANTONIA HERNANDEZ
LINDA WONG
THERESA FAY BUSTILLOS
MEXICAN AMERICAN LEGAL DEFENSE
AND EDUCATIONAL FUND
634 S. Spring Street, Eleventh Floor
Los Angeles, CA 90014
Telephone: (213) 629-2512
Attorneys for Plaintiffs
PATRICK J. MAHONEY
CASSANDRA M. FLIPPER
COOLEY, GODWARD, CASTRO,
HUDDLESON & TATUM
One Maritime Plaza, Suite 2000
San Francisco, CA 94111
Telephone: (415) 981-5252
Attorneys for Defendant
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
DENISE BALLESTEROS and CHERYL D.
CHISLOM, on behalf of themselves
and others similarly situated,
Plaintiffs,
v.
LUCKY STORES, INC.,
Defendant.
) CASE NO.
)
) CONSENT DECREE IN FULL
) SETTLEMENT OF CLASS
) CLAIMS
) --------
)
)
)
)
)
)
EXHIBIT ]6.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2)
COURT PROCEEDINGS
!• Plaintiffs filed their complaint in this action
alleging that the Defendant, Lucky Stores, Inc. ("Defendant" or
"Lucky"), had violated Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000e et seg. ("Title VII"), and
the Civil Rights Act of 1866, 42 U.S.C. § 1981 ("§ 1981"), by
discriminating against blacks and Hispanics in recruitment,
hiring, job assignment, and promotion on the basis of race,
color and national origin. The complaint alleged as well that
Lucky has violated Title VII by discriminating against women in
recruitment, job assignment, and promotion on the basis of
sex. The complaint limited the scope of the lawsuit to
employment opportunities in Lucky retail grocery stores,
including Lucky stores and Food Basket stores in Los Angeles,
San Diego, Orange, San Bernardino, and Riverside Counties in
the State of California.
2. By separate order, this Court has certified under
Fed.R.Civ.P. 23 a class composed of:
(a) All blacks, Hispanics,^ and women who are
past, present or future applicants for employment with Lucky in
its retail grocery stores in the above-noted counties in the
State of California;
(b) All blacks, Hispanics, and women who would have
been or would be such applicants for employment with Lucky in
The term "Hispanic" denotes persons of Mexican, Puerto
Rican, Cuban or Latin American origin or ancestry.
7.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12
its retail grocery stores in the above-noted counties in the
State of California but for allegedly illegal recruitment
and/or hiring practices by Lucky; and
(c) All blacks, Hispanics, and women who.are past,
present and future employees of Lucky in its retail grocery
stores located in the above-noted counties in the State of
California.
3. Through the examination of EEOC investigative files,
additional investigation and information supplied by Lucky,
Plaintiffs are familiar with the facts which pertain to Lucky
employment practices.
4. Because of the continuing desire and efforts of Lucky
to provide equal employment opportunities for all employees and
potential employees, the expenditure of time and money to which
both sides would be put, and the prospect of delay and
uncertainty, the parties have formulated an affirmative action
plan which is embodied in this Consent Decree, which will
promote and effectuate the purposes of Title VII and § 1981.
5. Notice of the proposed settlement set forth in this
Consent Decree has been given to members of the represented
class by methods and procedures previously approved in writing
and ordered by this Court.
6. This notice stated that each member of the class
described in paragraph 2 will be included in and bound by this
Consent Decree unless any such member of the class
affirmatively elects in writing .to "opt out" of this case,
forego the benefits of this Consent Decree, and, if desired,
8.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12
pursue any legal remedies which the individual might possess
against Defendant. The persons listed in Attachment A hereto
have elected to opt out of the class, and are hereby excluded
from the class and the benefits of this Consent Decree.
7. The aforementioned notice set forth procedures by
which any member of the class described in paragraph 2 could
object to the fairness of this Consent Decree, either in person
or in writing.
8. Pursuant to said notice, a fairness hearing was held
before this Court at which all members of the class were given
the opportunity to object to the settlement set forth herein.
The Court has reviewed all objections to this Consent Decree,
and has determined that the settlement set forth herein is fair
and reasonable.
9. The parties have waived hearing and the entry of
findings of fact and conclusions of law, and the parties have
agreed to the entry of this Consent Decree without admission by
Defendant of a violation of Title VII or § 1981.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED
that:
JURISDICTION
10. This Court has jurisdiction over the parties and the
subject matter of the action.
9.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12 )
GENERAL PROVISIONS
11. The negotiation and entry of this Consent Decree and
the undertakings made by Lucky hereunder are in settlement 'and
compromise of disputed allegations of discrimination in
employment. Neither the negotiation nor entry of this Consent
Decree shall constitute an admission by Lucky that it or its
officials or employees have violated Title VII, § 1981, or any
other federal, state or municipal fair employment law,
ordinance, order, or regulation, and Lucky specifically denies
the commission of any such violation. The parties hereto
approve and agree to the entry of this Consent Decree solely on
the condition that this Consent Decree does not constitute any
finding or adjudication by the Court, any evidence on any issue
of fact or law herein, or any admission by the Defendant, as to
the truth or merit of Plaintiffs' allegations. The parties
have consented to the entry of this Consent Decree to avoid the
burdens of further litigation. This Consent Decree is final
and binding on all parties as to the issues raised by this case
as well as upon their successors and assigns.
12. This Consent Decree resolves all issues between all
members of the plaintiff class and the Defendant relating to
asserted practices, acts, and omissions of the Defendant which
are raised by the complaint herein, as well as any future
effects of such asserted practices, acts, and omissions, and,
with respect to such practices, acts, and omissions, compliance
w^th this Consent Decree shall be deemed to be compliance with
•̂it-le VII, § 1981, and all other laws regulating employment
disciimination, and shall be deemed to satisfy any and all
10.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 2 )
requirements for affirmative action by Defendant. The
doctrines of res judicata and collateral estoppel shall apply
to all members of the plaintiff class with respect to all
issues of law and fact and matters of relief within_the scope
of the complaint filed herein. No class members bound by this
Consent Decree shall seek or obtain, in a separate action or
proceeding, relief for claims within the scope of the complaint
filed herein which would add to or be inconsistent with the
relief incorporated in this Consent Decree. The entry of this
Consent Decree and the undertakings of the Defendant set forth
herein shall extinguish all claims for relief within the scope
of the complaint filed herein, except actions taken to enforce
the provisions of this Consent Decree.
13. Notwithstanding anything to the contrary contained
elsewhere in this Consent Decree, the persons who have opted
out of this Consent Decree, as described in paragraph 6, shall
not be entitled to any of the rights or benefits hereinafter
set forth.
14. 29 C.F.R. § 1608, the EEOC's guidelines on
affirmative action, and particularly § 1608.8 (adherence to
court order), state in relevant part, among other things, that
"parties are entitled to rely on orders of courts of competent
J^^~isdiction, that such orders can include consent decrees
and that "the Commission interprets Title VII to mean that
actions taken pursuant to the direction of a Court Order cannot
give rise to liability under Title VII." All actions taken
pursuant to the requirements of this Consent Decree are taken
11.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12)
pursuant to the direction of a Court Order" within the meaning
of § 1608.8, and the parties to this Consent Decree are
entitled to the protections of the EEOC's guidelines on
affirmative action in general and § 1608.8 in particular.
Moreover, the parties hereto, with respect to any actions taken
pursuant to this Consent Decree, are entitled to the
protections of § 713(b)(1) of Title VII, which provides in
relevant part as follows:
"In any action or proceeding based on any alleged
unlawful employment practice, no person shall be
subject to any liability or punishment for or on
account of . . . the commission by such person of an
unlawful employment practice if he pleads and proves
that the act or omission complained of was in good
faith, in conformity with, and in reliance on any
written interpretation or opinion of the [Equal
Employment Opportunity] Commission . . . ."
Should any actions taken by any party pursuant to this Consent
Decree later be held to be unlawful, by reason of the EEOC's
guidelines on affirmative action, 29 C.F.R. § 1608, such
actions will have been taken, within the meaning of
§ 713(b)(1) of Title VII, in good faith reliance upon written
interpretations and opinions of the Equal Employment
Opportunity Commission.
15. Lucky shall be entitled to utilize any selection
standard, practice, or procedure, whatsoever in hiring or
promotion in relation to the job groups covered by this Consent
12.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12]
Decree; provided, however, if Lucky is not in substantial
compliance with the terms of this Consent Decree, the Court
may, in its discretion, issue such orders as it deems necessary
to assure compliance with the Consent Decree.
16. Nothing in this Consent Decree shall be construed in
any way to require Lucky to hire, assign, or promote persons
unqualified under then current standards or criteria. All
provisions in this Consent Decree are subject to the
availability of qualified black, Hispanic, and women
candidates. Lucky, however, shall in good faith engage in
selective recruitment efforts, and in good faith conduct such
hiring, job assignment, training and promotion programs as are
necessary to satisfy the hiring, job assignment, and
promotional requirements of this Consent Decree. Nothing in
this Consent Decree shall require Lucky to grant a preference
to any particular individual who is black or Hispanic, or any
individual woman for hire or promotion.
17. Nothing in this Consent Decree shall be construed to
require Lucky to violate the terms of any existing bona fide
seniority system in collective bargaining agreements.
18. The relief set forth in this Consent Decree
represents the parties' best efforts to formulate relief for
victims of the discrimination alleged in the complaint in light
of various factors, including the complex nature of personnel
selection procedures, limited records, and the great time and
expense required to identify specific victims of alleged
discrimination.
13.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2)
COVERAGE
19. Coverage of this Consent Decree shall be limited to
employment opportunities for regular full and part-time . '
employees in the job groups defined below in retail .grocery
stores bearing the Lucky or Food Basket name and operated by
Lucky in the Los Angeles, San Diego, Orange, San Bernardino,
and Riverside Counties in the State of California.
JOB GROUPS
20- The job groups referred to in this Consent Decree are
defined as follows:
(a) Entry-Level. All employees employed in the
following job classifications: clerk helper and apprentice
general merchandise clerk.
(b) Journeyman. All employees employed in the
following job classifications: apprentice food clerk;
apprentice meat personnel; journeyman food clerk; journeyman
meat personnel; journeyman general merchandise clerk; and
service delicatessen employees.
(c) Entry Management. All employees employed in the
following job classifications: fourth assistant store manager
and all of the store department heads.
(d) Store Management. All employees employed in the
following job classifications: store manager, assistant store
manager, and third assistant store manager.
14.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12)
ULTIMATE GOALS
21. The ultimate goals for each of the job groups are as
follows:
(a) Entry-Level
Black 8%Hi spanic 31%
(b) Journeyman
Black 8%Hispanic 31%
(c) Entry Management
Black 7%Hi spanic 30%Female 29%
(d) Store Management
Black 7%Hi spanic 26%Female 33%
ANNUAL GOALS
22• Entry-Level. In each calendar year during the period
that this Consent Decree is in effect, Lucky shall engage in
vigorous good faith efforts to hire blacks and Hispanics into
job openings in the entry-level job group at or above the
annual hiring goals set forth in Attachment B.
23• Journeyman. In each calendar year during the period
that this Consent Decree is in effect, Lucky shall engage in
vigorous good faith efforts to hire or promote blacks and
Hispanics into job openings in the journeyman job group at or
above the annual goals set forth in Attachment C.
24. Entry Management. In each calendar year during the
15.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12'
period that this Consent Decree is in effect, Lucky shall
engage in vigorous good faith efforts to hire or promote
blacks, Hispanics, and women into job openings in the entry
management job group at or above the annual goals set forth in
Attachment D.
25. Store Management. In each calendar year during the
period this Consent Decree is in effect, Lucky shall engage in
vigorous good faith efforts to hire or promote blacks,
Hispanics, and women into job openings in the store management
job group at or above the annual goals set forth in Attach
ment E .
25. With respect to the annual goals set forth in this
Consent Decree for the entry management and store management
job groups the following modification shall be made:
(a) If as of January 1 of the year in question the
percentage of blacks, Hispanics, or women in the journeyman or
entry management job group, respectively, is less than the
applicable percentage goal set forth in this Consent Decree,
the annual goal for the same group in the entry management job
group or store management job group, respectively, for the
calendar year following said January 1 shall be at the lower
percentage composition of said group in the journeyman or entry
management job group, respectively. For example, if as of
January 1, 1988, blacks comprised 3.2% of the journeyman job
group, the annual goal for blacks for the entry management job
group for 1988 would be 3.2% and not the percentage set forth
in paragraph 24.
16.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12)
(b) However, no modification pursuant to (a) above
shall be made in any year following a year Lucky has failed to
meet the goals set forth above in paragraphs 23 or 24 for the
journeyman or entry management positions.
(c) If any modification pursuant to (a) above
results in a lowering of annual goals, the number of positions
by which such goals are lowered shall be added to subsequent
annual goals, as soon as this can be done without conflicting
with any modification required pursuant to (a) above.
27. With respect to the annual goals set forth in this
Consent Decree, the parties understand and acknowledge the
difficulty of selecting annual goals for future years that are
fsir, realistic and reasonably achievable. Accordingly, in
light of the ten (10) year period of this Consent Decree, the
parties agree that at the end of the first five (5) years of
the Consent Decree, counsel for the parties will meet to review
the annual goals currently set for the final five (5) years of
this Consent Decree to determine if they are fair, realistic
and reasonably achievable with a view toward a revision of such
goals if and as necessary.
28. The parties recognize that groups of employees may be
added to the Lucky work force by transactions such as, for
example, a merger, a purchase of stores from another
organization, and/or hiring of employees of another company in
conjunction with such a merger or purchase. Such new employees
shall be excluded in determining compliance with the goals
herein.
1 7 .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12)
29. In determining compliance with annual goals, persons
who enter a job group by way of demotion (for example, a
department manager demoted to a journeyman) or by way of recall
from layoff (for example, a laid-off food clerk who. is
recalled) shall not be counted. Such persons shall be counted
with respect to determining whether or not an ultimate goal has
been met.
30. In determining compliance with goals, transfers or
promotions of employees between jobs within the journeyman job
group, entry management or store management job groups shall
not be counted.
31. The performance of black, Hispanic, or female
applicants or employees on any written examination shall not
excuse noncompliance with goals.
32. The parties agree that compliance by Lucky with the
annual goals set forth in this Consent Decree will be measured
by vigorous good faith efforts by Lucky to meet those annual
goals. Moreover, in determining whether Lucky has failed to
meet the annual goals for a particular job group for any year,
Lucky shall be entitled to be credited with blacks, Hispanics,
and women who entered the job group in question in excess of
such goals, if any, for prior years (i.e., if for a particular
year Lucky should have added five additional blacks into the
journeyman job group, but in the prior year it added six blacks
above and beyond the number necessary to meet its annual goals
for the journeyman job group, Lucky would not be deemed to have
failed to have met its annual goal for the journeyman job group
18.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12)
with respect to blacks for the year in question). Should Lucky
fail to meet the annual goal for a particular job group in any
one year, such failure shall not be a violation of or be deemed
contempt of this Consent Decree. However, in the year
following such failure, Lucky shall be expected to attain the
prior year's annual goal in addition to the present year's
annual goal (after credit, as aforementioned, for any overage
in prior years). If in the calendar year following such
failure Lucky achieves the remainder of the prior annual goal
plus the annual goal for the year in question, the failure of
Lucky to have achieved the prior annual goal shall be deemed
remedied, and shall have no legal effect whatsoever.
REPORTING REQUIREMENTS
33. For all purposes in this Consent Decree, the first
calendar year shall be defined as beginning with the effective
date of this Consent Decree, and ending December 31, 1987.
Thereafter, the annual goal and reporting requirements will be
on the basis of calendar years.
34. On or about April 1, 1988, and on or about each
April 1 thereafter while this Consent Decree is in effect,
Lucky shall submit a status report for the prior calendar year
to counsel for the plaintiff class. The status report shall
consist of a summary that sets forth for each job classifica
tion the ultimate goal, the annual goal, the total number of
persons entering the job classification for the first time, the
number and percentage of blacks appointed, the number and
19.
percentage of Hispanics appointed, the number and percentage of
women appointed, the total number and percentage of blacks in
the job classification, the total number and percentage of'
Hispanics in the job classification, and the total-number and
percentage of women in the job classification. Each status
report shall also list for each job classification for the
period in question the number and percentage of black,
Hispanic, and female employees hired or promoted pursuant to
this Consent Decree who have been demoted, terminated or
converted to part-time status, and the number and percentage of
other employees receiving the same job actions. In addition to
such status report, Lucky agrees to provide upon request
information to counsel for the plaintiff class as such counsel
may reasonably request, including the following information to
counsel for plaintiff class relating to either newly hired or
promoted persons, such information to be used only in further
ance of this Consent Decree: name; sex; race or national
origin; date of first achieving a position in the job group;
position title of each such person; immediately prior position
title with Lucky, if any; whether hired or promoted; and
whether full-time or part-time status.
RETENTION OF JURISDICTION
35. The Court shall retain jurisdiction to enforce this
Decree.
20.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12)
MONITORING THE DECREE
36. If lead counsel for plaintiff class has reason to
believe that Lucky has not complied with this Consent Decree,
he shall so notify counsel for Lucky in writing. Lucky shall
have sixty (60) days from its counsel's receipt of such notice
to investigate and attempt to correct or refute the claimed
violation. The parties will attempt in good faith to resolve
the matter through informal conciliation.
37. In the event counsel for the plaintiff class continue
to believe that Lucky has not complied with this Consent
Decree, the plaintiff class may institute proceedings with the
Court to enforce the Consent Decree.
38. As is set forth below, Plaintiffs are entitled to an
award of costs, including attorney's fees, for the work which
led to this Consent Decree and its approval. Plaintiffs also
may apply to the Court for awards of costs, including
attorney's fees, for work reasonable and necessary to the
effectuation of this Consent Decree.
DISSOLUTION OF THE DECREE
39. At any point in time that Lucky believes that it has
attained one or more of the ultimate goals for a period of at
least two years for any job group set forth herein, Lucky may
so notify counsel for plaintiff class in writing. If plaintiff
class disputes the contention of Lucky, plaintiff class shall
petition this Court, within sixty (60) days (which, upon
written request from counsel for Plaintiffs, submitted to Lucky
said sixty (60) days, shall be extended an additional
21.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2)
sixty (60) days) after receipt by counsel for plaintiff class
of Defendant's written notification, for a hearing to determine
whether the ultimate goal for any job group as set forth in
this Consent Decree has been met. If the Court finds that such
ultimate goal has been met, the Court shall dissolve that
portion of the Consent Decree and adjudge that Lucky has
satisfied all of its obligations with respect to the goal in
question for the particular job group. If plaintiff class
fails to petition this Court within sixty (60) days after
receipt by their counsel of written notification by Lucky, that
portion of the Consent Decree shall no longer have any force
and effect (for example, if Lucky meets the ultimate goal with
respect to blacks in the journeyman position, and so notifies
counsel for the plaintiff class, upon the failure of counsel
for plaintiff class to petition for hearing, Lucky shall be
under no further obligations pursuant to this Consent Decree
with respect to blacks in the journeyman job group).
40. When each and all of the ultimate goals set forth in
this Consent Decree have been met, the Court shall make an
order terminating its jurisdiction of this matter for all
purposes, and dissolving this Consent Decree. If not already
dissolved, the Court shall in all circumstances dissolve this
Consent Decree and make an order terminating its jurisdiction
of this matter for all purposes on or about January 1, 1997.
RELIEF FOR NAMED PLAINTIFFS
41. Named plaintiff Cheryl D. Chislom, who accepted an
22 .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 2 )
offer of employment from Lucky as a part-time journeyman
cashier and has been so employed by Lucky since June, 1986,
shall be deemed to have been employed as of May, 1982 solely
for the purpose of calculating prospective vacation.and health
benefits from the date of her actual employment in June, 1986,
and Lucky shall seek waivers of any waiting period normally
required of new employees for eligibility for employment
benefits. In addition, Chislom shall receive the sum of thirty-
two thousand five hundred dollars ($32,500.00). Such relief
shall be in full satisfaction of any and all claims within the
scope of the complaint.
42. Named plaintiff Denise Ballesteros shall receive the
sum of twenty-seven thousand five hundred dollars ($27,500.00)
in full satisfaction of any and all claims within the scope of
the complaint.
43. Defendant Lucky shall remove any reference in the
personnel files of the named plaintiffs concerning their
involvement in this lawsuit or any derogatory information and
opinion which falls within the scope of matters raised in the
complaint. Lucky shall insert in each such personnel file a
memorandum stating its desire that its officials, agents and
employees shall limit any information given to any prospective
employees of any of the named plaintiffs to dates of employment
and positions held, if any, and any other information that
Lucky is requested in writing by the named plaintiff to release.
23 .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2 )
ATTORNEY1S FEES
44. Plaintiff class shall be considered the prevailing
party only for purposes of an award of costs, including
attorney's fees pursuant to 42 U.S.C. § 2000e-5(k)._ After
entry of this Consent Decree, the parties shall attempt to
negotiate a settlement of Plaintiffs' claims for an award of
costs, including reasonable attorney's fees. If those
negotiations are unsuccessful, the matter shall be submitted to
a practicing attorney of recognized reputation specializing in
litigation and familiar with current billing rates and
practices in the Los Angeles area, serving as Special Master.
The parties shall attempt to agree on the person to serve as a
Special Master. If the parties are unable to agree on a
Special Master, the Court shall appoint a practicing attorney
of recognized reputation specializing in litigation and
familiar with current billing rates and practices in the Los
Angeles area to serve as Special Master.
The determination of any Special Master shall be final,
binding and nonappealable. Defendant shall pay the costs and
fees of any Special Master.
Plaintiffs shall apply for no more than $95,000 in costs,
including attorneys' fees, for all work done through approval
of the Consent Decree, except that plaintiffs shall not be
subject to any limitation if the Consent Decree is not finally
approved in a form agreeable to both parties and further
proceedings are required.
The determination and award of costs, including
attorneys' fees, and the payment of said costs, including
2 4 .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2 )
attorneys fees, shall not be delayed by reasons of any
appeal. If for any reason after the payment of costs,
including attorneys' fees, the Consent Decree is disapproved
a final matter by a federal court and the Consent Decree is
vacated to the extent that the plaintiffs no longer would be
considered the prevailing party, plaintiffs' counsel will be
obligated to repay all costs, including attorneys' fees, to
Defendant.
NOTICE
45. Notice under this Consent Decree shall be given by
certified mail, return receipt requested. Notice to counsel
the plaintiff class shall be given as follows:
Bill Lann Lee, Esq.
Center for Law in the Public Interest
10951 West Pico Boulevard, Third Floor
Los Angeles, California 90064
Notice to Lucky shall be given as follows:
Lucky Stores, Inc.
P.O. Box BB
Dublin, California 94568
Attn: Secretary
as
25.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12)
Copy to: Cassandra M. Flipper, Esq.
Cooley, Godward, Castro, Huddleson & Tatum
One Maritime Plaza, Suite 2000
San Franciso, California 94111
DATED:
United States District Judge
CONSENTED TO:
BILL LANN LEE
STEPHEN M. CUTLER
Center for Law in the Public Interest
PEARL LATTAKER
ANTONIA HERNANDEZ
LINDA WONG
THERESA FAY BUSTILLOS
Attorneys for Plaintiff Class
PATRICK J. MAHONEY
CASSANDRA M. FLIPPER
COOLEY, GODWARD, CASTRO,
HUDDLESON & TATUM
’atrick
Attorneys f nc.
2 6 .
ATTACHMENT A
Case No.
(Names to be Added)
KXA673
100186
27.
KXA673
100186
Case No.
ATTACHMENT B
ENTRY LEVEL
ANNUAL FILL RATE GOALS
(1987 - 1996)
YEAR BLACK HISPANIC
1987 6.0% 25.0%1988 6.5 26.51989 7.0 28.01990 7.5 29.51991 8.0 31.01992 8.0 31.01993 8.0 31.01994 8.0 31.01995 8.0 31.01996 8.0 31.0
28.
ATTACHMENT C
KXA673
100186
Case No.
JOURNEYMAN
ANNUAL FILL RATE GOALS
(1987 - 1996)
YEAR BLACKS HISPANICS
1987 5-0% 20.0%1988 6.0 22.01989 7.0 23.01990 7.5 24.01991 8.0 25.01992 8.0 26.01993 8.0 27.01994 8.0 28.01995 8.0 29.01996 8.0 31.0
2 9 .
Case No.
ATTACHMENT D
ENTRY MANAGEMENT
ANNUAL FILL RATE GOALS
(1987 - 1996)
YEAR BLACKS
1987 3.0%
1988 3.5
1989 4.0
1990 4.5
1991 5.0
1992 5.5
1993 6.01994 6.51995 7.01996 7.0
HISPANICS WOMEN
16.0% 19.0%17.0 20.018.0 21.019.0 22.020.0 23.022.0 24.024.0 25.026.0 26.028.0 27.030.0 29.0
3 0 .
KXA673
100186
ATTACHMENT E
STORE MANAGEMENT
ANNUAL FILE RATE GOALS
(1987 - 1996)
YEAR BLACKS
1987 3-0%1988 3.5
1989 4.01990 4.51991 5.01992 5.5
1993 6.01994 6.51995 7.01996 7.0
HISPANICS WOMEN
14.0% 7.0%15.0 9.016.0 12.017.0 14.018.0 16.019.0 19.020.0 22.022.0 25.024.0 29.026.0 33.0
KXA673
100186 31
SETTLEMENT AGREEMENT AND GENERAL RELEASE
THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE
("Agreement") is made and entered into by and between DENISE
BALLESTEROS ("Ballesteros") and LUCKY STORES, INC. and the
agents, employees, and related companies of Lucky Stores,
Inc., including Lucky and Food Basket Stores (collectively
"Lucky").
WITNESSETH:
WHEREAS, Ballesteros has filed a charge against Lucky
with the Equal Employment Opportunity Commission ("EEOC") in
Case No. 092851268 ("Charge") and
WHEREAS, Ballesteros has filed suit under the name of
Ballesteros, et al v. Lucky Stores, Inc., No. _______ , in
U.S. District Court, Central District of California,
alleging violations of the Civil Rights Act of 1964, as
amended, 42 U.S.C. Section 2000e et seq., and the Civil
Rights Act of 1866, 42 U.S.C. Section 1981 ("Complaint");
and
WHEREAS, Ballesteros and Lucky desire to settle fully
and finally all differences between them concerning claims
of discrimination;
NOW, THEREFORE, in consideration of the premises and
mutual promises herein contained, it is agreed as follows:
EXHIBIT 2
CMF071(12)
100686 32.
FIRST: This Agreement shall not be construed as an
admission by Lucky of any act of discrimination whatsoever
against Ballesteros or any other persons, and Lucky
specifically disclaims any discrimination against
Ballesteros or any other persons, on the part of itself, its
agents or its employees.
SECOND: Ballesteros agrees to withdraw with prejudice
any pending charges alleging discrimination in employment
filed by her against Lucky with any agency and with the
EEOC.
THIRD; Lucky agrees that when the steps set forth in
Paragraph SECOND above have been completed, and when counsel
of record for Lucky receives the original of this Agreement
executed by Ballesteros and her attorney, Theresa Fay
Bustillos, Esq. ("Bustillos"), Lucky, within ten (10) days,
will do the following:
(1) Lucky will cause to be delivered to Bustillos, on
behalf of Ballesteros, a check in the amount of $27,500 in
settlement for all claims, including damages.
(2) Lucky shall remove any reference in any personnel
or records files concerning Ballesteros' involvement in the
Charge or action herein or any derogatory information
and opinion falling within the scope of, arising out of, or
relating to the matters raised in the Charge or Complaint
herein.
CMF071(12)
100686 33.
FOURTH: Ballesteros accepts the items set forth in
subparagraphs (1) through (2) of Paragraph THIRD in full and
complete settlement of any and all claims related to
discrimination between Ballesteros and Lucky.
FjyrTH: Ballesteros represents that she has not filed
any other complaints or charges other than the above
referenced Complaint and Charge, against Lucky involving
claims of discrimination in employment with the State of
California Fair Employment and Housing Commission, the EEOC,
or any other local, state or federal agency or court, and
that if any such agency assumes jurisdiction of any
complaint or charge against Lucky on behalf of Ballesteros,
she will request that agency to withdraw from the matter.
SIXTH: Ballesteros hereby irrevocably and
unconditionally releases, acquits and forever discharges
Lucky and each of Lucky's owners, stockholders,
predecessors, successors, assigns, agents, directors,
officers, employees, representatives, attorneys,
subsidiaries, affiliates (and agents, directors, officers,
employees, representatives and attorneys of such
subsidiaries and affiliates), and all persons acting by,
through, under or in concert with any of them (collectively
"Releasees"), or any of them, from any and all charges,
complaints, claims, liabilities, obligations, promises,
agreements, controversies, damages, actions, causes of
CMF071(12)
100686 34.
action, suits, rights, demands, costs, losses, debts and
expenses (including attorneys' fees and costs actually
incurred), of any nature whatsoever, known or unknown,
suspected or unsuspected, fixed or contingent ("claim" or
"claims") which Ballesteros now has, owns, holds, or claims
to have, claims to own, or claims to hold, or which
Ballesteros at any time heretofore had, owned, held or
claimed to have, claimed to own, or claimed to hold, or
which Ballesteros at any time hereafter may have, own, hold
or claim to have, claim to own, or claim to hold, against
each other or any of the Releasees, related or in any manner
incidental to a claim of discrimination.
SEVENTH; Ballesteros expressly waives and relinquishes
all rights and benefits afforded by Section 1542 of the
Civil Code of the State of California concerning the
claims related to discrimination embodied in the aforesaid
charge and lawsuit, and does so understanding and
acknowledging the significance and consequence of such
specific waiver of Section 1542. Section 1542 of the Civil
Code of the State of California states as follows:
A general release does not extend to claims which
the creditor does not know or suspect to exist in
his favor at the time of executing the release,
which if known by him must have materially
affected his settlement with the debtor.
Thus, notwithstanding the provisions of Section 1542,
and for the purpose of implementing a full and complete
CMF071(12 )
100686 35.
release and discharge of the Releasees, Ballesteros
expressly acknowledges that this Agreement is intended to
include in its effect, without limitation, all claims
related to discrimination which Ballesteros does not know or
suspect to exist in her favor at the time of execution
hereof, and that this Agreement contemplates the
extinguishment of any such claim or claims.
EIGHTH: Ballesteros represents and agrees that she
has thoroughly discussed all aspects of this Agreement with
her attorney, Bustillos, that she, Ballesteros, has
^^^^tully read and fully understands all of the provisions
this Agreement, and that she is voluntarily entering into
this Agreement
NINTH: This Agreement is made and entered into in
the State of California, and shall in all respects be
interpreted, enforced and governed under the laws of said
State.
PLEASE READ CAREFULLY; THIS AGREEMENT INCLUDES A
RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.
Executed at Los Angeles, California, this ____ day of
__________________, 1986.
LUCKY STORES, INC.
---------------- ----------- - By ________________Denise Ballesteros
CMF071(12 )
100686 36.
STATEMENT OF COUNSEL
The undersigned, who has represented Ballesteros
herein, represents that the undersigned has fully advised
Ballesteros of the scope, meaning, and legal effect of each
provision contained in this Agreement, and that Ballesteros
has acknowledged to the undersigned that Ballesteros has
carefully read and fully understands each of said
provisions, including that this Agreement releases all of
Ballesteros claims of discrimination, both known and
unknown, against each and all of the Releasees.
Dated: ____________- 1986 MEXICAN AMERICAN LEGAL DEFENSE
AND EDUCATIONAL FUND
By ___________________ _____
Theresa Fay Bustillos
Attorney for Ballesteros
CMF071(12)
100686 37.
SETTLEMENT AGREEMENT AND GENERAL RELEASE
THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Agreement")
is made and entered into by and between CHERYL D. CHISLOM
("Chislom") and LUCKY STORES, INC. and the agents, employees,
and related companies of Lucky Stores, Inc., including Lucky and
Food Basket Stores (collectively "Lucky").
W I T N E S S E T H :
WHEREAS, Chislom has filed a charge against Lucky with
the Equal Employment Opportunity Commission ("EEOC") in Case
No. 092851764 (the "Charge"); and
WHEREAS, Chislom has filed suit under name of
Balleteros, et al. v . Lucky Stores, Inc., No. t in
Federal District Court, Central District of California,
alleging violations of the Civil Rights Act of 1964, as
amended, 42 U.S.C. Section■2000e et seq., and the Civil
Rights Act of 1866, 42 U.S.C. Section 1981 (the "Complaint");
and
WHEREAS, Chislom has accepted Lucky's offer of employ
ment, and has been employed as of June, 1986 as a regular
part-time journeyman cashier; and
WHEREAS, Chislom and Lucky desire to settle fully and
finally all differences between them concerning claims of
di scrimination;
CMF075(6)
100686
EXHIBIT 3
3 8 .
NOW, THEREFORE, in consideration of the premises and
mutual promises herein contained, it is agreed as follows:
FIRST: This Agreement shall not be construed as an
admission by Lucky of any act of discrimination whatsoever
against Chislom or any other persons, and Lucky specifically
disclaims any discrimination against Chislom or any other
persons, on the part of itself, its agents or its
employees.
SECOND: Chislom agrees to withdraw the Charge with
prejudice and requests dismissal of the Complaint.
THIRD: Lucky agrees that when the steps set forth in
Paragraph SECOND above have been completed, and when counsel
of record for Lucky receives the original of this agreement
executed by Chislom and her attorney, Bill Lann Lee, Esq.
("Lee"), Lucky, within ten (10) days,, will do the
following:
(1) Lucky will appoint Chislom to a regular position
as a journeyman cashier.
(2) Lucky will consider Chislom employed as of May
1982 for purposes of calculating prospective vacation and
health benefits. Lucky will seek waiver of any waiting
period normally required for any employee benefits; however,
Chislom s actual hire date for purposes of pension benefits
shall be May 1986.
(3) Lucky will assign Chislom as many hours of work as
possible as permitted by relevant collective bargaining
CMF075(6)
100686 39.
r t
agreements. Should employees in Chislom's classification be
laid off, Lucky will assure that Chislom will be protected
from layoff and/or recalled to work as expeditiously as
possible, and as permitted by relevant collective bargaining
agreements.
(4) Lucky will cause to be delivered to Lee, on behalf
of Chislom, a check in the amount of $32,500 in settlement
of all claims, including damages.
(5) Lucky will remove any reference in any personal
files or records concerning Chislom's involvement in the
Charge or Complaint herein or any derogatory information and
opinion falling within the scope of, arising out of, or
relating to the matters raised in the Charge or Complaint
herein.
(6) Lucky shall insert in Chislom's personnel file a
memorandum stating its desire that its officials, agents and
employees shall limit any information given to any prospec
tive employers of Chislom to dates of employment, positions
held and any other information that Lucky is requested in
writing by Chislom to release.
FOURTH: Chislom accepts the items set forth in sub-
paragraphs (1) through (5) of Paragraph THIRD in full and
complete settlement of any and all claims related to
discrimination between Chislom and Lucky.
FIFTH: Chislom represents that she has not filed any
other complaints or charges other than the above referenced
CMF075(5)
100686 4 0 .
Complaint and Charge against Lucky involving claims of
discrimination in employment with the State of California
Fair Employment and Housing Commission, the EEOC, or any
other local, state or federal agency or court, and that if
any such agency assumes jurisdiction of any complaint or
charge against Lucky on behalf of Chislom, she will request
that agency to withdraw from the matter.
SIXTH: Chislom hereby irrevocably and uncondition
ally releases, acquits and forever discharges Lucky and each
of Lucky' owners, stockholders, predecessors, successors,
assigns, agents, directors, officers, employees, representa
tives, attorneys, subsidiaries, affiliates (and agents,
directors, officers, employees, representatives and
attorneys of such subsidiaries and affiliates), and all
persons acting by, through, under or in concert with any of
them (collectively "Releases"), or any of them, from any and
all charges, complaints, claims, liabilities, obligations,
promises, agreements, controversies, damages, actions,
causes of action, suits, rights, demands, costs, losses,
debts and expenses (including attorneys' fees and costs
actually incurred), of any nature whatsoever, known or
unknown, suspected or unsuspected, fixed or contingent
( claim' or "claims") which Chislom now has, owns, holds, or
claims to have, claims to own, or claims to hold, or which
Chislom at any time heretofore had, owned, held or claimed
CMF075(6)
100686 41.
r
i
- r
to have, claimed to own, or claimed to hold, or which
Chislom at any time hereafter may have, own, hold or claim
to have, claim to own, or claim to hold, against each or any
of the Releases, related or in any manner incidental to a
claim of discrimination.
SEVENTH: Chislom expressly waives and relinquishes all
rights and benefits afforded by Section 1542 of the Civil
Code of the State of California concerning the claims
related to discrimination embodied in the aforesaid charge
and lawsuit, and does so understanding and acknowledging the
significance and consequence of such specific waiver of
Section 1542. Section 1542 of the Civil Code of the State
of California states as follows:
A general release does not extend to claims which
the creditor does not know or suspect to exist in
his favor at the time of executing the release,
which if known by him must have materially
affected his settlement with the debtor.
Thus, notwithstanding the provisions of Section 1542,
and for the purposes of implementing a full and complete
release and discharge of the Releases, Chislom expressly
acknowledges that this Agreement is intended to include in
its effect, without limitation, all claims related to
discrimination which Chislom does not know or suspect to
exist in her favor at the time of execution hereof, and that
this Agreement contemplates the extinguishment of any such
claim or claims.
CMF075(6)
100686 4 2 .
EIGHTH: Chislom represents and agrees that she has
thoroughly discussed all aspects of this Agreement with her
attorney, Lee, that she, Chislom, has carefully read and
fully understands all of the provisions of this Agreement,
and that she is voluntarily entering into this Agreement.
NINTH: This Agreement is made and entered into in
the State of California, and shall in all respects be
interpreted, enforced and governed under the laws of said
State.
PLEASE READ CAREFULLY; THIS AGREEMENT INCLUDES
A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.
Executed at Los Angeles, California, this __ day of
___________ 1986.
LUCKY STORES, INC.
Cheryl D. Chislom By
CMF075(6)
100686 43.
STATEMENT OF COUNSEL
The undersigned, who has represented Chislom herein,
represents that the undersigned has fully advised Chislom of
the scope, meaning, and legal effect of each provision
contained in this Agreement, and that Chislom has
acknowledged to the undersigned that Chislom has carefully
read and fully understands each of said provisions,
including that this Agreement releases all of Chislom's
claims of discrimination, both known and unknown, against
each and all of the Releases.
Dated: 1986
CENTER FOR LAW IN THE
PUBLIC INTEREST
B y ________
Bill Lann Lee
Attorney for Chislom
CMF075(6)
100686
44.