Litigation in the District Court for the District of Columbia:  Campbell, et al. v. Amtrak, 1:99CV02979 (EGS) 

   

  1. MAJOR RECENT DEVELOPMENTS:
  • CLASS CERTIFICATION WAS DENIED BY THE DISTRICT COURT on 4/26/18.
  • FORMER PUTATIVE CLASS MEMBERS’ CASES ARE PROCEEDING INDIVIDUALLY and STATUTES OF LIMITIONS ARE NO LONGER TOLLED.   
    • On November 30, 2018, AMTRAK changed course and decided NOT to try to settle with anyone except the 72 Plaintiffs.  The "NOLA group" was added later to the persons with whom Amtrak may discuss settlement.
  • NAMED PLAINTIFFS’ AND THE NOLA GROUP CASES MAY BE SETTLED AS A GROUP.  TALKS ARE NOT YET UNDERWAY, AND THERE ARE ISSUES TO BE OVERCOME, EVEN BEFORE STARTING.
  • Because the NOLA GROUP had filed suit previously, the Statutes of Limitations are tolled by agreement with Amtrak, and the NOLA GROUP is presently included with the “72 GROUP” for purposes of potential settlement talks.

 

  1. UPDATES: Refer to your attorneys' communications for details and explanations.

 

  1. Class Certification Denied on 4/26/18

On April 26, 2018, the District Court for the District of Columbia in Campbell, et al. v. Amtrak, 1:99CV02979 (EGS) issued a 107-page ruling on class certification and other related issues.  Please see this link for the District Court’s 107-page ruling.

 

Most significantly, the Court DENIED class certification entirely.  This means that the claims of African-American employees and applicants who believe they were discriminated against by Amtrak in promotions, hiring, training, terminations, and discipline will be litigated individually.  In addition, other than the 72 named plaintiffs already in Campbell, any other African-American employee, former employee, or applicant who was a putative class member in Campbell MUST file his or her own new case in court.    

 

  1. Settlement Negotiations Canceled for Most Former Putative Class Members as of 11/30/18

Although Amtrak had agreed last summer to engage in settlement negotiations for all former putative class members who retained this law firm and indicated their willingness to enter into mediated settlement talks, that has since changed.  As of November 30, 2018, Amtrak announced they are no longer willing to mediate the claims of any person who was not one of the 72 named plaintiffs in Campbell, et al. v. Amtrak.  Refer to your attorneys' communications for more recent information.  Recently, Amtrak agreed also to include the NOLA group in the mediation.

 

  1. There are 4 Types of Interested Parties

All persons who retained this law firm and indicated their willingness to enter into mediated settlement talks are in one of these four categories:  (1) the 72 Named Plaintiffs, (2­) the New Orleans, Louisiana (NOLA) group, (3) the Former Putative Class Members Group 1, and (4) the Former Putative Class Members Group 2.

 

  1. Named Plaintiffs (a.k.

 

  1. Former Putative Class Members (a.k.a “FPCM Group 1”)

If you are not one of the original 72 named plaintiffs or a member of the NOLA group, then you are a former putative class member.  If you contacted Wiggins Childs last year before October 30, 2018 (and you are in neither the 72 Group nor the NOLA Group), then you are a member of the FPCM Group 1.  This is the group of former class members who timely told us, so that we could inform Amtrak, that you wanted to be included in the settlement negotiations

 

YOUR STATUTES OF LIMITATIONS ARE NOW RUNNING!  STATUTES OF LIMITATON EXPIRE ON DIFFERENT DATES, DEPENDING ON YOUR FACTUAL SITUATION.    

Your responses to the questions in the December 28, 2018 letter were requested.  Contact your attorneys if you have not yet received or responded to this letter. 

 

If you have previously filed an EEOC CHARGE and have not yet informed your attorneys of this, please do so immediately.  If you have ever received a NOTICE OF RIGHT TO SUE from the EEOC, then you have only 90 days from December 30, 2018, to file a lawsuit.  That 90 days runs out on Saturday, March 30, 2019. 

 

  1. Former Putative Class Members (a.k.a. “FPCM Group 2”)

If you did NOT get in touch with Wiggins Childs last year before October 30, 2018, and you are not in the 72 Group or the NOLA Group, then you are a member of the FPCM Group 2.  This is the group of former class members who did NOT timely tell us that they wanted to be included in the settlement negotiations.  The Statutes of Limitations were tolled for this group until the date of the class certification denial on April 26, 2018, at which time the Statutes of Limitations began running again. 

 

YOUR STATUTES OF LIMITATIONS ARE RUNNING!  STATUTES OF LIMITATON EXPIRE ON DIFFERENT DATES, DEPENDING ON YOUR FACTUAL SITUATION

 

If you have never filed a charge of discrimination with the EEOC, you may still be able to do so to preserve your claimsIf you are in this group, please contact us today to determine whether your case may still be filed and discuss your options.

 

 

IMPORTANT CONTACT INFORMATION

 

REMEMBER:

Always tell us when you change phone numbers, email addresses, or street addresses!

 

  1. Amtrak Litigation Hotline:  (205) 458-1210
    Amtrak Litigation dedicated email:  campbellvamtrak@wigginschilds.com
     
  2. ATTORNEYS

            Campbell lead attorney in D.C.: 

Timothy Fleming, of counsel

Wiggins Childs Pantazis Fisher Goldfarb, PLLC
1211 Connecticut Avenue, N.W.; Suite 420
Washington, D.C. 20036

 

Campbell attorney in Birmingham office: 

            Sandra Duca, of counsel

Wiggins Childs Pantazis Fisher Goldfarb, LLC
301 19th Street North
Birmingham, AL 35203

 

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