McTyer v. Vons Grocery Company Stipulation of Agreement

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«v'#» •-
DONALD McTYER; ROBERT L. BLUEFORD; ) 
and JOE M. OLAGUE, )

BILL LANN LEE MARILYN 0. TESAUROCENTER FOR LAW IN THE PUBLIC INTEREST 
10951 W. Pico Boulevard, Third Floor 
Los Angeles, California 90064 
Telephone: 213/470-3000
JOHN HUERTAMEXICAN AMERICAN LEGAL DEFENSE 

AND EDUCATIONAL FUND 
634 S. Spring Street, Eleventh Floor 
Los Angeles, California 90014 
Telephone: 213/629-2512
STANDLEY L. DORN OVERLAND, BERKE, WESLEY, GITS, 

RANDOLPH & LEVANAS 
10951 W. Pico Boulevard, Suite 300 
Los Angeles, California 90064 
Telephone: 213/474-6020
Attorneys for Plaintiffs
PAUL GROSSMAN 
ERIC H. JOSSPAUL, HASTINGS, JANOFSKY & WALKER 
555 South Flower Street 
Twenty-Second Floor 
Los Angeles, California 90071 
Telephone: 213/439-4000
Attorneys for Defendant

& UNITED STATES DISTRICT COURT 
CENTRAL DISTRICT OF CALIFORNIA

Plaintiffs,

Case No. 84-6938-HLH(Gx) 
STIPULATION OF AGREEMENT

v.
VONS GROCERY COMPANY,

Defendant.

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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: September 18, 1984
BILL LANN LEE 
MARILYN 0. TESAURO 
Center for Law in the 

Public Interest
JOHN HUERTA
Mexican American Legal Defense 

and Educational Fund
STANDLEY L. DORN

PAUL GROSSMAN 
ERIC H. JOSS 
ANDREW PETERSON
Paul, Hastings, Janofsky & Walker

By ANDREW PETERSON'V
Attorneys for Defendant

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AGREEMENT

THIS AGREEMENT is entered into on the date(s) 
hereinafter set forth by and between the class described in 
DONALD McTYER, et al. v. VONS GROCERY CO., (hereinafter the 
"class") arid Vons Grocery Co. (hereinafter "Vons").

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 "A", the parties wish to resolve all issues in 
dispute between them with the understanding that this Agreement

; . f does not constitute any admissions by Vons that it has engaged in 
discriminatory practices proscribed by Title VII, The Civil 
Rights Act of 1866 or otherwise, and in fact Vons 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.

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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 (herein 
after "Notice") be sent by mail to class members whose 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 settle­
ment 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, Vons, at its option, 
by written notice to the class, may cancel this Agreement. Said 
notice must be given within ten (10) days of notification to Vons 
of the persons who opted out.

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6. The three (3) named class members who are entitled 
to individual relief pursuant to the Consent Decree will sign the 
Settlement Agreement and General Release that applies to his 
claim, which settlement agreements are attached hereto as 
Exhibits "B" through "D".

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 
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:

DATED:

BILL LANN LEE 
MARILYN 0. TESAURO
CENTER FOR LAW IN THE PUBLIC INTEREST

JOHN HUERTA
MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND
634 S. Spring Street, Eleventh Floor

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DATED:
STANDLEY L. DORN OVERLAND, BERKE, WESLEY, GITS, 

RANDOLPH & LEVANAS10951 West Pico Boulevard, Suite 300 
Los Angeles, California 90064

PAUL GROSSMAN
ERIC H. JOSS /"DPAUL, HASTINGS'; JANOFSKY & WALKER

By SZandley L. Dorn 
Attorneys for the Class

DATED:

By _ ^  Andrew C. Peterson 
Attorneys for Defendant
^  Andrew C. Peterson

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BILL LANN LEE MARILYN 0. TESAUROCENTER FOR LAW IN THE PUBLIC INTEREST 
10951 West Pico Boulevard, Third Floor 
Los Angeles, California 90064 
(213) 470-3000
JOHN HUERTA
MEXICAN AMERICAN LEGAL DEFENSE 
AND EDUCATION FUND

634 S. Spring Street, Eleventh Floor 
Los Angeles, California 90014 
(213) 629-2512
STANDLEY L. DORN 
OVERLAND, BERKE, WESLEY, GITS 

RANDOLPH & LEVANAS
10951 West Pico Boulevard, Suite 300 
Los Angeles, California 90064 
(213) 474-6020
Attorneys for Plaintiffs
PAUL GROSSMAN 
ERIC H. JOSS
PAUL, HASTINGS, JANOFSKY & WALKER 
555 South Flower Street 
Twenty-Second Floor 
Los Angeles, California 90071 
(213) 489-4000
Attorneys for Defendant

UNITED STATES DISTRICT COURT 
CENTRAL DISTRICT OF CALIFORNIA

DONALD McTYER; ROBERT L. BLUEFORD; )
and JOE M. OLAGUE, )

)Plaintiffs, )
)v. )
)VONS GROCERY CO., )
)Defendant. )

__________________________________________________ )

Case No. 84 6938 HLH(Gx)
CONSENT DECREE IN FULL 
SETTLEMENT OF CLASS CLAIMS

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EXHIBIT "A" Attachment 1



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COURT PROCEEDINGS

1. Plaintiffs filed their complaint in this action 
alleging that the Defendant, Vons Grocery Co. ("Defendant" or 
"Vons"), had violated Title VII of the Civil Rights Act of 1964, 
as amended, 42 U.S.C. § 2000e e_t seq. ("Title VII"), and the 
Civil Rights Act of 1866, 42 U.S.C. § 1981, by discriminating 
against blacks and Hispanics in recruitment, hiring, assignment, 
and promotion on the basis of race, color and national origin. 
The complaint limited the scope of the lawsuit to employment 
opportunities in Vons retail grocery stores located 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 and Hispanics who are past, 
present or future applicants for employment with Vons in 
its retail grocery stores located in the State of 
California;

(b) All blacks and Hispanics who would have been 
or would be such applicants for employment with Vons in its 
retail grocery stores located in the State of California 
but for Vons' allegedly illegal recruitment and hiring 
practices; and

(c) All blacks and Hispanics who are past, present 
and future employees of Vons in its retail grocery stores 
located in the State of California.

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3. Through the administrative files, investigation 
and information supplied by Vons, Plaintiffs are familiar with
the facts which pertain to Vons' employment practices.

4. Because of the expenditure of time and money to 
which both sides would be put, the prospect of delay and 
uncertainty, and Vons' continuing desire and efforts to provide 
equal employment opportunities for all employees and potential 
employees, 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.

5. Notice of the proposed settlement set forth in 
this Consent Decree has been given 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 could, as an individual option, accept 
the benefits of this Consent Decree or, alternatively, "opt out" 
of this case, forego the benefits of this Consent "Deeree, and, 
if desired, pursue any legal remedies which the individual might 
possess against Defendant. All persons who have elected to opt 
out of the class, if any, have been excluded from the class and 
the benefits of this Decree by separate order.

7. The aforementioned notice set forth procedures by 
which any member of the class described in paragraph z could

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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 Decree without admission by 
Defendant of a violation of Title VII or 42 U.S.C. § 1981.

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND 
DECREED that:

JURISDICTION

10. This Court 
the subject matter of the 
would authorize the Court 
pursuant to Title VII and

has jurisdiction over the parties and 
action. The complaint, if proven, 
to grant the relief provided herein 
42 U.S.C. § 1981.

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1 GENERAL PROVISIONS
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11. The negotiation and entry of this Consent Decree 
and the undertakings made by Vons 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 Vons 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 Vons 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

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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 
with this Consent Decree shall be deemeu to be compliance with

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Title VII, 42 U.S.C. § 1981, and all other laws regulating 
employment discrimination, and shall be deemed to satisfy any 
and all 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 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 
jurisdiction," that such orders can include consent decrees, and 
tnat -the Commission interprets Title VII to mean that actions

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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 "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

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Title VII, in good-faith reliance upon written interpretations 
and opinions of the Equal Employment Opportunity Commission.

15. Vons 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 Decree; 
provided, however, if Vons is not in substantial compliance with 
the terms of this Decree, the Court may, in its discretion, 
issue such orders as it deems appropriate and necessary to 
assure compliance with the Decree.

16. Nothing in this Decree shall be construed in any 
way to require Vons to hire or promote persons unqualified under 
current standards or criteria. All provisions in this Decree 
are subject to the availability of qualified black and Hispanic 
candidates. Vons, however, shall in good faith engage in 
selective recruitment efforts, and in good faith conduct such 
hiring, training and promotion programs as are necessary to 
satisfy the hiring and promotional requirements of this Decree. 
Nothing in this Decree shall require Vons to grant a preference 
to any particular individual black or Hispanic for hire or 
promotion.

17. Nothing in this Decree shall be construed to 
require Vons to violate the terms of any existing bona fide 
seniority system in collective bargaining agreements.

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18. The relief set forth in this 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.

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 Vons name and operated by Vons Grocery Co. in 
the State of California.

JOBS GROUPS

20. The job groups referred to in this Consent Decree 
are defined as follows:

(a) Entry-Level. All employees in the clerk 
helper job classification.

(b) Journeyman. All employees employed in the 
following job classifications: apprentice food clerk; 
journeyman food clerk; apprentice general merchandise 
clerk; journeyman general merchandise clerk; apprentice 
meat personnel; journeyman meat personnel; apprentice 
bakery personnel; journeyman bakery personnel; general

" •••merchandise department heads who are compensated at or

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below the journeyman food clerk rate of pay; and service 
delicatessen employees.

(c) Department Heads. All employees employed in 
the following job classifications: food department heads;
food department assistant heads (who are compensated above 
the journeyman food clerk rate of pay only); general 
merchandise department heads (who are compensated above the 
journeyman food clerk rate of pay only); meat department 
heads; and hot bakery heads.

ULTIMATE GOALS

21. The ultimate goals for the entry-level job group
are:

Blacks - 8%
. Hispanics - 19%

22. The ultimate goals for the journeyman job group
are:

Blacks - 6.25%
Hispanics - 17.75%

23. The ultimate goals for the department head job
group are:

Blacks - 5.25%
Hispanics - 14.75%

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ANNUAL GOALS

24. Entry-Level. In each calendar year during the 
period that this Consent Decree is in effect, Vons'shall engage 
in vigorous good faith efforts to insure that blacks and 
Hispanics are hired into job openings in the entry-level job 
group at or above the following annual hiring goals:

Blacks - 8%
Hispanics - 19%

25. Journeyman. In each calendar year during the 
period that this Consent Decree is in effect, Vons shall engage 
in vigorous good faith efforts to insure that blacks and 
Hispanics are hired or promoted into job openings in the 
journeyman job group at or above the following annual goals:

Effective date of Consent Decree through December 31, 1985: 
Blacks - 5.25%
Hispanics - 16.75%

Calendar 1986:
Blacks - 6.25%
Hispanics - 17.25%

Calendar 1987 and thereafter:
Blacks - 7.25%
Hispanics - 18.75%

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26. Department Heads. In each calendar year during 
the period that this Consent Decree is in effect, Vons shall 
engage in vigorous good faith efforts to insure that blacks and 
Hispanics are hired or promoted into job openings fn the 
department head job group at or above the following annual 
goals:

Effective date of Consent Decree through December 31,
1985:

Blacks - 4.25%
Hispanics - 13.75%

Calendar 1986:
Blacks - 5.25%
Hispanics - 14.75%

Calendar 1987 and thereafter:
Blacks - 6.25%
Hispanics - 15.75%

Provided, if as of January 1 of the year in question the 
percentage of blacks or Hispanics in the journeyman job group is 
less than the applicable percentage goals set forth above in 
11 2^, the annual goal for such ethnic group for the calendar 
year following said January 1 shall be at the lower percentage 
composition of said ethnic group in the journeyman job group.
For example, if as of January 1, 1986, blacks comprised 4.73% of 
the journeyman job group/ the annual goal for blacks for the

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department head job group for 1986 would be 4.73% and not the 
percentage set forth above in 2©. Provided further: (i) the
above proviso shall not be applicable to any year following a 
year Vons has failed to meet the goals set forth above in 2^ 
for the journeyman position; and (ii) if the above proviso 
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 the above proviso.

27. The parties recognize that groups of employees 
may be added to Vons' 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.

28. 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.

29. In determining compliance with goals, transfers 
or promotions of employees between jobs' within the journeyman

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job group or between jobs within the department head job group 
shall not be counted.

30. The parties agree that Vons’ compliance with the 
annual goals set forth in this Decree will be measured by Vons' 
vigorous good faith efforts to meet those annual goals.
Moreover, in determining whether Vons has failed to meet the 
annual goals for a particular job group for any year, Vons shall 
be entitled to be credited with blacks and Hispanics who entered 
the job group in question in excess of such goals, if any, for 
prior years (i.e., if for a particular year Vons 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, Vons would not be deemed to have failed to have met its 
annual goal for the journeyman job group with respect to blacks 
for the year in question). Should Vons 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 
Decree. However, in the year following such failure, Vons 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 Vons achieves the remainder 
of the prior annual goal plus the annual goal for the year in 
question, Vons' failure to have achieved the prior annual goal 
shall be deemed remedied, and shall have no legal effect 
whatsoever.

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REPORTING REQUIREMENTS

31. For all purposes in this Decree, the first 
calendar year shall be defined as beginning with the effective 
date of this Decree, and ending December 31, 1985. Thereafter, 
the annual goal and reporting requirements will be on the basis 
of calendar years.

32. On or about April 1, 1986, and on or about each 
April 1 thereafter while this Decree is in effect, Vons shall 
submit a status report for the prior calendar year to counsel 
for the plaintiff class. The status report shall list by job 
group the persons either newly hired or promoted into regular 
positions in said job group for the first time during the 
calendar year in question. The listing shall indicate the name; 
race; national origin; date of first achieving a position in the 
job group; position title of each such person; immediately prior 
position title with Vons, if any; whether hired or promoted; and 
whether full-time or part-time status. A summary shall be 
included that sets forth for each job group the ultimate goal, 
the annual goal, the total number of persons entering the job 
group for the first time, the number and percentage of blacks 
appointed, and the number and percentage of Hispanics appointed, 
the number and percentage of blacks in the job groups, and the 
number and percentage of Hispanics in the job group. Each 
status report shall also list for each job category for the 
period in question the number and percentage of black and 
Hispanic employees hired <̂r promoted pursuant to this Decree who

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have been demoted, terminated or converted to part-time status, 
and the number and percentage of other employees receiving the 
same job actions.

RETENTION OF JURISDICTION

33. The Court shall retain jurisdiction to enforce 
this Decree.

MONITORING THE DECREE

34. If counsel for plaintiff class have reason to 
believe that Vons has not complied with this Decree, they shall 
so notify counsel for Vons in writing. Vons 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.

35. In the event counsel for the Plaintiff class 
continue to believe that Vons has not complied with this Decree, 
the plaintiff class may institute formal proceedings with the 
Court to enforce the decree.

36. 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 shall 
not be entitled to a., award of costs, including attorneys' fees,

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1 for the normal monitoring of this Consent Decree, including the 
reviewing of reports served pursuant to the reporting provisions 
contained herein. Plaintiffs shall be entitled, however, to an 
award of reasonable costs, including attorney's fees', for work 
done in enforcing this Decree if, but only if, they are the 
prevailing party in connection with a decree enforcement 
proceeding.

DISSOLUTION OF THE DECREE

37. At any point in time that Vons believes that it 
has attained one or more of the ultimate goals for any job group 
set forth herein, Vons may so notify counsel for plaintiff class 
in writing. If plaintiff class disputes Vons1 contention, 
plaintiff class shall petition this Court, within sixty (60) 
days (which, upon written request from counsel for Plaintiffs, 
submitted to Vons within said 60 days, shall be extended an 
additional sixty (60) days) after receipt by counsel for
plaintiff class of Defendant's written notification, for a!
hearing to determine whether the ultimate goals 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 Decree and adjudge that Vons 
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 Vons' written notification, that portion of the 
Consent Decree shall no longer have any force a»iu-effect (for

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This relief shall be in full satisfaction of any and all claims 
within the scope of the complaint.

40. Named plaintiff Robert L. Blueford shall receive 
the sum of five thousand dollars ($5,000.00) in full 
satisfaction of any and all claims within the scope of the 
complaint.

41. Named plaintiff Joe M. Olague shall receive the 
sum of ten thousand dollars ($10,000.00) in full satisfaction of 
any and all claims within the scope of the complaint.

42. Defendant Vons shall remove any reference in the 
personnel files of the named plaintiffs concerning their 
involvement in this lawsuit or any derogatory information and 
opinion falling within the scope of matters raised in the 
complaint. Vons 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 
employers of any of the named plaintiffs to dates of employment, 
positions held and any other information that Vons is requested 
in writing by the named plaintiff to release.

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ATTORNEY'S FEES

43. For purposes of an award of costs, including 
attorney's fees pursuant to 42 U.S.C. § 2000e-5(k) only, 
plaintiff class shall be considered the prevailing party. 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 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 I 
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 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. Defendants shall pay the 
costs and fees of any Special Master.

Plaintiffs shall apply for no more than $51,000 in 
costs, including attorneys' fees, for all work done through 
approval of the Decree, except that plaintiffs shall not be 
subject to any limitation if the Decree is not finally approved 
in a form agreeable to both parties and further proceedings are 
required.

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The determination and award of costs, including 
attorneys' fees, and the payment of said costs, including 
attorneys' fees, shall not be delayed by reason of any appeal.
If for any reason after the payment of costs, including 
attorneys' fees, the Decree is disapproved as a final matter by 
a federal court and the 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

44. Notice under this Decree shall be given by 
certified mail, return receipt requested. Notice to counsel for 
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 Vons shall be given as follows:

William J. Birney, Esq.
General Counsel 
Vons Grocery Co.
P.O. Box 3338, Terminal Annex 
Los Angeles, California 90051

DATED:

United States District Judge

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CONSENTED TO:
BILL LANN LEE 
MARILYN 0. TESAURO
CENTER FOR LAW IN THE PUBLIC INTEREST 
JOHN HUERTA
MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND
STANDLEY L. DORN OVERLA 

RANC

Att --  ̂----------- --- ^ass

PAUL GROSSMAN ERIC H. JOSS
PAUL, HASTINGS, JANOFSKY & WALKER

Fort. Paul Grossman 
Attorneys for Vons Grocery Co.

By

By

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