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Avis E. Buchanan, et al. v. Consolidated Stores Corp., et al. (Order)
State: Maryland
Court: Maryland District Court
Case Date: 07/21/2003
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : AVIS E. BUCHANAN, et al. : v. CONSOLIDATED STORES CORP., et al. : Civil Action No. DKC 99-3736 : : ORDER For the reasons stated in the foregoing Memorandum Opinion, it is this 21st day of July, 2003, by the United States District Court for the District of Maryland, ORDERED that: 1. Defendants' motion to strike the class action allegations

(paper no. 74) BE, and the same hereby IS, DENIED; 2. Plaintiffs' motion for class certification (paper no. 78)

BE, and the same hereby IS, GRANTED; 3. Plaintiffs Avis E. Buchanan, Dr. Albert R. Conley, Ardelia Crawford, Carolyn Kornegay-Belton and Yvette D. Tate are hereby CERTIFIED pursuant to FED. R. CIV. P. 23(b)(2), for purposes of determining class-wide liability, injunctive and declaratory relief and class-wide punitive damages, as representatives of a class comprised of African-Americans who were prevented from paying by check at the following KB Toy Stores in the Washington-Baltimore metropolitan area between 1992 and August 2000: (1) Forest Village Park Mall in Forestville, Maryland; (2) Prince George's Plaza in Hyattsville, Maryland; (3) Laurel Center in Laurel, Maryland; (4)

Iverson Mall in Temple Hills, Maryland; (5) Beltway Plaza in Greenbelt, Maryland; (6) Mondawmin Mall in Baltimore, Maryland; (7) Reisterstown Road Plaza in Baltimore, Maryland; and (8) City Place in Silver Spring, Maryland; 4. Defendants' motion to exclude all testimony and evidence

from Plaintiffs' expert witness Charles Calhoun (paper no. 76) BE, and the same hereby IS, GRANTED as to the "exceptions" analysis; 5. Defendants' motion to exclude all testimony and evidence

from Plaintiffs' expert witnesses Venkatesh Shankar and Richard Feinberg (paper no. 75) BE, and the same hereby IS, GRANTED; 6. Defendants' motion to waive the local rule limiting the

length of memoranda (paper no. 90) BE, and the same hereby IS, GRANTED; 7. Defendants' motion for summary judgment (paper no. 77) BE, and the same hereby IS, GRANTED; 8. JUDGMENT BE, and the same hereby IS, ENTERED in favor of

Defendants Consolidated Stores Corp. and KB Consolidated, Inc. and against the certified plaintiff class; 9. It is hereby DECLARED that Defendants' check acceptance

policy between 1992 and August 2000 did not violate the right of the plaintiff class under 42 U.S.C.
Download Avis E. Buchanan, et al. v. Consolidated Stores Corp., et al. (Order).pdf

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