King v. Pepsi Cola Metropolitan Bottling Company

86 F.R.D. 4 (1979)

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Nature of the Case

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Facts

Ps sued D on behalf of themselves and the class alleging both specific and general practices of racial discrimination. The court dismissed Ps' claims for relief under the Thirteenth and Fourteenth Amendments, as well as the claims of each plaintiff as individually named plaintiffs under Title VII of the 1964 Civil Rights Act. The claims that remain allege a right to relief under Section 2 of the Civil Rights Act of 1866 Section 1981. D filed a motion seeking a severance of Ps. D filed a motion seeking a severance of Ps or separate trials before a separate jury for each plaintiff, which, of course, is the same as a severance. D claims that because Ps did not move for a class action determination within the ninety (day period after the filing of the complaint, Rule 45 of the Local Rules, Ps are left with only their individual claims for relief under Section 1981.