A suit against C.R. England over unpaid wages and other compensation has settled … again.
After a deal was reached in May, one of the plaintiffs in the class action filed an objection to the roughly $18.6 million settlement.
But in a decision handed down late last week, federal district court Judge David Nuffer put his final approval on the settlement, dismissing the objections of Marty Cook. The original lawsuit dates back to 2016.
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The issues in the C.R. England suit are the fairly standard panoply of charges generally found in lawsuits regarding compensation: failure to pay minimum wage, failure to pay overtime, failure to provide accurate itemized wage statements and so on. But it also dealt with fees connected to the company’s CDL training program.
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The settlement approved recently is only slightly different from what was approved in May. According to the judge’s order filed last week, C.R. England voluntarily agreed to add slightly more than $53,000 to the settlement, with that amount to be distributed among 126 specific members of the class.
“Although Objector Cook’s objections have helped the Court carefully examine the issues and highlighted the benefit of the adversarial process, ultimately, Cook raises only debatable possibilities,” Nuffer wrote. “Indeed, the ultimate outcome of the litigation is in doubt and Plaintiffs’ claims are far from certain. There also exists case law that contradicts Objector’s contentions.”
The final document does spell out some of the data from the outreach to class members after the original settlement. Mail notices were sent to 12,810 people, informing them they would receive a share from the settlement as well as debt forgiveness associated mostly with CDL training costs. Of those addresses, 1,830 were returned as not deliverable, but 922 of them were then located.
The number of class members who opted out: eight. Cook was listed as an objector.
The settlement also notes that Cook is a plaintiff in another suit against C.R. England. And in his objection, Cook provided calculations that said the value of the settlement should be between $900 million and $1 billion.
Cash to be paid to the class members in the class is small: just $146. But there is also debt forgiveness in the settlement, and the total average benefit to each class member will be more than $1,300, according to the court document.
Attorneys’ fees are less than normal. At $1.44 million, they come in at 7.74% of the settlement, far less than the usual 25% to 33% in many lawsuits.
The four named plaintiffs in the case each get $12,000.
The demise of the Legionof Mary, Garcia’s principal side band from Ronnie Tutt’s arrival on December 6, 1974 until mid-1975, remainsone of the enduring mysteries of the Garciaverse.
The “why” is the biggest mystery of all. After almost fiveyears of steady gigging and recording Garcia is said to have walked away. Idon’t have time to go to Sources, but there is verbiage from Martin Fierro about a “star trip” and asense of hurt from Merl Saunders,implying that shadowy forces were at work to short-circuit the magicalJerry-and-Merl trip in favor of the Grateful Dead. A big part of theconventional psychology of Garcia, ascribing to him personal cowardice insaying hard things to loved ones, derives from the Saunders account of whatwent down with the Legion in 1975 and Reconstruction in 1979.
In this post, I want to say less about the “why” and moreabout the “when”, though I think a revised understanding of the temporal piecemay raise new questions about the causal one. I will conclude that we shouldextend the known Legion timeline to the end, rather than the beginning, of July1975. My best guess is that there were additional gigs at least on July 23-24,1975 at the Lion’s Share and July 30, 1975 at the Great American Music Hall.Sometime between late July and early August, Jerry and Merl went their separateways.
Conventional Datings
The canonical List is clear: according to Dennis McNally’sresearch, preserved and extended by Corry Arnold, Independence Day 1975 tolledthe bell for the Legion of Mary. It’s all pretty symbolic, of course. The Great American Music Hall, site of Jerryand Merl’s final 4th of July engagement, was a favorite of Garcia’ssince they had first played it July 19, 1973. That gig, in turn, was not onlywith Merl, but was something of a Fantasy party to celebrate the canning of theJuly ’73 Keystone tapes, which would become the GSKV Live at Keystone, the fullest commercial expression of theGarcia-Saunders collaboration. Garcia suggested the Music Hall for the Dead’shighest-stakes gig of 1975, for FM radio executives on 8/13/75, incollaboration with new-boss-same-as-the-old-boss (since 6/11/75) United Artists(Selvin 197508xx). Oh yeah, one more thing – 7/19/73 was also Martin’s firstknown gig with these guys, and when Legion ended in the same room he’d wait 13years to play again with Garcia (with Zero, 7/16/88 in Golden Gate Park). Itall makes for a great story.
However poetic, the notion of a sudden rupture after theFourth of July is incorrect. We now know of both a July 5th Saturdaynight at the Music Hall (listed in the OaklandTribune and the MarinIndependent-Journal) and an anticlimactic Sunday night show at Jerry andMerl’s chasse gardée, the KeystoneBerkeley, now documented by the house calendar, listings in the Chronicle and the Datebook, and, even better, tape by the ever-timely Robert Castelli (shnid-108018). The show has alwaysstruck me as a little lethargic, and I imagined in my mind not a sudden rupturebut a cartoonish putt-putt-putt and plonk, out-of-gas kind of finish for theband.
So, as of now, I have considered that Legion of Mary ranfrom December 6, 1974, through July 6, 1975. But I want to suggest the additionof at least three new dates to the end of the band’s run.
Closing of the Lion’s Share: July 24-25, 1975
With the release of the Garcia-Saunders 7/5/73 Lion’s Shareshow as GarciaLive 6, the venue loomslarge in our immediate imaginations. And why not? It was a legendary littleMarin room. But lost to history has been an apparent Saunders-Garcia gig (ortwo) two years later, as the Share was ending its run on the Miracle Mile inSan Anselmo. In comments to a post which I’ll mention more below, JGBP quotesa public posting by ‘cabdriver’ at Deadnetcentral recounting such gigs:
This Lion's Share gig (their closing week) was the firstweek of July, 1975 [sic: incorrect –see below]. The Garcia-Saunders Band played two consecutive nights duringclosing week … There were not very many people there, that's the funny part.And I can't find any reference to them doing those gigs anywhere. But it didreally happen!
Cabdriver expressed uncertainty about the week the Sharewent dark. The Lion’s Share’s closing week was July 23-29, 1975, and theschedule ran as follows:
- Wednesday 7/23 Commander Cody
- Thursday 7/24 Merl Saunders and Friends / Aunt Monk / Sweetmeat
- Friday 7/25 Merl Saunders and Friends / Sweetmeat
- Saturday 7/26 ???
- Sunday 7/27 Kathi McDonald
- Monday 7/28 Michael Bloomfield, Mark Naftalin, Roger “Jellyroll” Troy, Nick Gravenites / Allair and Mitchell
- Tuesday 7/29 Sons of Champlin / Michael Hunt
(Sources: Selvin 19750720 has the whole schedule. Listing inSFC19750723p47 supplies 7/23 and 7/24. Listing in Fremont Argus, July 25, 1975, p. 38 and “Lion’sShare Out With Flair,” Independent-Journal (San Rafael, CA), July 25, 1975, p.20, both provide 7/25 and following.)
Those Thursday and Friday “Merl Saunders and Friends” gigs,which I took in my own notes to be Merl playing out quickly post-Jerry, certainly fitcabdriver’s description of back to back gigs during closing week at the Share.Somehow the fact that 7/24 bills Aunt Monk separately seems to make it morelikely that Jerry was one of Merl’s Friends in a different configuration.
Summing here, we seem to have an eyewitness account of Jerry and Merl playingduring the closing week at the Share, and this lines up with independentevidence from newspaper listings. Ithink those gigs happened and would propose adding them to the List.
July 30, 1975 at the GAMH
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Remember when I found the “LatestLegion Listing”, for July 30, 1975 at the Great American Music Hall? Itreated it as spurious because it didn’t fit my preconceived narrative. I evenfound a way to suggest that the very real professionalism of the GAMH made itmore likely to find such a spurious listing. But beyond the idea that gigs toshut down the Share might extend the known timeline, I have found an additionalpiece of information that leads me to revise my earlier view. My firstencounter with this possible gig came through the July 25 I-J, and I surmised that a lot could have changed in five days. ButI have found a second listing for the gig, and this one is in the July 30thChronicle.
This makes the first-discovered listing feel less spurious,because the Datebook listings would be very up-to-date, I think, based oninformation not more than a few days old. The fact that the GAMH wasprofessionally run only reinforces the idea that there really was, as ofapproximately the day before, a planned Legion of Mary gig at the Music Hall onWednesday, July 30, 1975.
Did it really happen? I don’t know. It’s less certain thanthe Share shows. But this last piece makes it feel a bit more likely …
August 5, 1975?
The McNally-Arnold list historically gave this as the Jerry Garcia Band’s first show. This isalmost certainly incorrect, as gigs only got going with Nicky Hopkins and JGB#1 from September 18, to the best of our current reckoning. Corry now considersthis a Keith and Donna show withJerry, which is how I currently list it. But, check out this series:
| Keystone Berkeley ad from the pink section, 7/27/75, billing Jerry Garcia & Merl Saunders 8/5/75 |
| Keystone Berkeley August 1975 calendar, scan courtesy of Ed Perlstein |
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See that big blank spot over Merl’s name in the 8/5/75 box? “JerryGarcia and” would fit perfectly in that spot. I raise this for two reasons.First, *this* looks to be where the rupture between Jerry and Merl could havehappened, insofar as that’s the right conception of things. Gigs wereadvertised, nothing unusual about that, but then something changes. I thinkCorry’s reasoning that this was Keith and Donna is pretty sound, but that wouldmean Merl would have been bumped for it, potentially part of the story of Merlhaving the rug pulled out from under him. Second, whatever the deal with 8/5,the fact that there had been a JGMS billing this late in the game lends morecredence to the idea of late-July gigs.
So, in summing up on this one, I am not prepared to saythere was a JGMS/Legion gig on August 5, 1975. I am prepared to say that it wasplanned as JGMS, and then morphed into something else (either Merl withoutJerry, or Keith and Donna). In that sense, it arguably sets the new outer limitto our understanding of the tenure of the Legion of Mary.
Conclusion
Putting this all together might merely push the end ofLegion back to the end of July, rather than to the beginning. In that sense, it’sa purely quantitative addition to our understanding. But, I don’t know, somehowthe boys jamming together at the Share (as they did so well on 7/5/73, GarciaLive 6), casts a whole new lighton the demise of the Legion, making it feel less like an opiated Sunday-nightanticlimax and more like a couple of good gigs to wrap things up. It may stillbe the case that Jerry ducked out after 7/30 with just as much cowardice as wehave always thought, but this is softened in my mental palette just a littlebit if there was good, joyful gigging for a little longer than has previouslybeen recognized.