Case: Smith v. Nike Retail Servs. Inc

1:03-cv-09110 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 17, 2003

Closed Date: May 20, 2010

Clearinghouse coding complete

Case Summary

On December 17, 2003, an African-American employee of the Niketown Chicago filed a lawsuit under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981 against Nike Retail Services Inc. in the United States District Court of the Northern District of Illinois. The plaintiffs asked the court for both monetary damages and injunctive relief, charging the defendant with multiple forms of racial discrimination. According to the third amended complaint, filed on May 12, 200…

On December 17, 2003, an African-American employee of the Niketown Chicago filed a lawsuit under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981 against Nike Retail Services Inc. in the United States District Court of the Northern District of Illinois.

The plaintiffs asked the court for both monetary damages and injunctive relief, charging the defendant with multiple forms of racial discrimination. According to the third amended complaint, filed on May 12, 2006, the defendant had engaged in a pattern or practice of race discrimination against its African-American employees, which included the following discriminatory treatment: segregating its African-American employees into the lowest paying jobs; failing to provide African-American employees with equal promotional opportunities; disciplining and terminating African-American employees pursuant to rules that were not enforced the same way against Caucasian employees; treating its African-American employees less favorably in terms of benefits and classification; and maintaining a hostile work environment for all its African-American employees based on this disparate treatment, coupled with a workplace filled with racial slurs by managers and employees, unfounded accusations of theft and abuse of discount and commission policies overwhelmingly directed at African-American employees, and unwarranted and excessive monitoring of African-American employees and customers.

The plaintiff initially filed the case pro se, but acquired private counsel prior to filing an amended complaint on August 23, 2004. The defendant filed a partial motion to dismiss on October 28, 2004. On November 17, 2004, the court (Judge Milton I. Shadur) granted this motion, dismissing all Title VII claims based on hostile work environment.

After filing a second amended complaint on February 22, 2005, the plaintiffs filed a motion for class certification on December 23, 2005. On March 22, 2006, the court (Judge Shadur) granted this motion and certified the plaintiff class. 234 F.R.D. 648. As described in the settlement agreement, the court certified the following sub-classes for purposes of liability, monetary and injunctive relief:

  • Hostile Work Environment Class: All African-American employees and managers who are or were employed at Niketown Chicago at any time between December 17, 1999 and the present who allegedly were subjected to a hostile working environment.
  • Job Segregation/Wage Disparity Class: All current and former non-managerial African-American employees at Niketown Chicago who allegedly were assigned to lower paid positions in the stockroom or as cashiers because of their race during the period between December 17, 1999 and the present.
  • Promotion Class: All current and former non-managerial African-American employees at Niketown Chicago who allegedly were denied promotions or deprived of the ability to pursue promotions because of their race during the period between December 17, 1999 and the present.
  • Discipline Class: All current and former non-managerial African-American employees at Niketown Chicago who allegedly were subjected to racially-biased application of workplace rules and regulations that resulted in discipline up to and including termination, during the period between December 17, 1999 and the present.
  • Benefits Class: All current and former non-managerial African-American employees at Niketown Chicago who allegedly applied for, requested and/or were entitled to benefits but were denied those benefits because of their race, during the period between December 17, 1999 and the present.

On July 30, 2007, the two parties issued a joint motion proposing a settlement agreement and consent decree, seeking an order of approval from the court. On October 2, 2007, the court (Judge Milton I. Shadur) approved the settlement agreement and consent decree, dismissing the case. The agreement called for substantial equitable relief, including a court-appointed diversity consultant and specific programmatic relief of various forms. The settlement also called for a monetary settlement fund of $7,600,000 to be paid for the compensatory and punitive damages sought on behalf of the class. Attorney's fees were to be paid as well. The original term of the consent decree was October 31, 2009, but given status reports regarding the compliance of the consent decree filed by the diversity consultant and the then-ongoing discussion between the parties, the court granted the extension to October 31, 2010.

On May 18, 2010, the diversity consultant filed a final report to the court, stating that Nike has fully satisfied its obligations under the consent decree. On May 20, 2010, the court ordered the conclusion of the consent decree and terminated its jurisdiction over the case. The case was closed.

Summary Authors

Nathaniel Koslof (4/26/2008)

Chise Mori (2/15/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5323838/parties/smith-v-nike-retail-svc-inc/


Documents in the Clearinghouse

Documents in this case

1:03-cv-09110

Docket

Smith v. Nike Retail Services Inc.

Jan. 14, 2008

Jan. 14, 2008

Docket
91

1:03-cv-09110

Plaintiff's Memorandum in Support of Motion for Class Certification

Smith v. Nike Retail Services Inc.

Dec. 23, 2005

Dec. 23, 2005

Pleading / Motion / Brief

2005 WL 6077505

124

1:03-cv-09110

Third Amended Complaint

Smith v. Nike Retail Services Inc.

May 12, 2006

May 12, 2006

Pleading / Motion / Brief

2006 WL 1755339

178

1:03-cv-09110

Settlement Agreement and Consent Decree

Smith v. Nike Retail Services Inc.

July 30, 2007

July 30, 2007

Settlement Agreement

2007 WL 2590363

187

1:03-cv-09110

Order on Dismissal

Smith v. Nike Retail Services

Oct. 2, 2007

Oct. 2, 2007

Order/Opinion
222

1:03-cv-09110

Final Report of the Diversity Consultant

May 18, 2010

May 18, 2010

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5323838/smith-v-nike-retail-svc-inc/

Last updated July 21, 2026, 5:56 a.m.

ECF Number Date Description Link
1 Dec. 17, 2003

RECEIVED complaint with 4 copies. (Exhibits). (ntf) (Main Document 1 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/18/2003)

RECAP
2 Dec. 17, 2003

CIVIL cover sheet. (ntf) (Main Document 2 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/18/2003)

RECAP
3 Dec. 17, 2003

APPLICATION by plaintiff Keith T Smith to proceed in forma pauperis (ntf) (Main Document 3 replaced on 6/1/2018) (gcy, ).(Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/18/2003)

RECAP
4 Dec. 17, 2003

APPLICATION by plaintiff Ria McDougal to proceed in forma pauperis (ntf) (Main Document 4 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/18/2003)

RECAP
5 Dec. 17, 2003

MOTION by plaintiff Keith T Smith for appointment of counsel (ntf) (Main Document 5 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/18/2003)

RECAP
6 Dec. 17, 2003

MOTION by plaintiff Ria McDougal for appointment of counsel (ntf) (Main Document 6 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/18/2003)

RECAP
7 Dec. 17, 2003

PRO SE APPEARANCE by plaintiff Keith T Smith (ntf) (Main Document 7 replaced on 6/1/2018) (gcy, ).(Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals) .Modified on 6/1/2018 (gcy, ). (Entered: 12/18/2003)

RECAP
225 Dec. 17, 2003

FEE SHEET (IFP). (gcy, ) (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). (Entered: 06/01/2018)

RECAP
8 Dec. 18, 2003

PRO SE APPEARANCE by plaintiff Ria McDougal. (ntf) (Main Document 8 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/19/2003)

RECAP
Dec. 18, 2003

FORWARDED complete case file to Judge Shadur (ntf)

9 Dec. 19, 2003

MINUTE ORDER of 12/19/03 by Hon. Milton I. Shadur : Status hearing set for 2/4/04 at 9:00 a.m. Plaintiffs' applications to proceed in forma pauperis [3-1], [4-1] are granted. The decision on the motion for appointment of counsel will have to await supplemental submissions by plaintiffs that provide more detail. Pretrial schedule on reverse of minute order. (Entered Memorandum Order). (See reverse of minute order.) Notice mailed by judge's staff (ntf) (Main Document 9 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/23/2003)

RECAP
Dec. 19, 2003

COMPLAINT (ntf)

Dec. 23, 2003

SUMMONS issued by U.S. Marshals as to defendant Nike Retail Svc Inc with two certified copies of order dated 12/19/03 with complaint. (ntf)

10 Jan. 5, 2004

ATTORNEY APPEARANCE for defendant by Martin Peter Greene, Kevin Thomas Lee, Carl K. Turpin, Philip Stephens Holloway, Karen Elaine Tinglin; Notice (ntf) (Main Document 10 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 01/06/2004)

RECAP
11 Jan. 12, 2004

MOTION by defendant for an extension of time to answer or otherwise plead to the complaint ; Notice (ntf) (Main Document 11 replaced on 6/1/2018) (gcy, ).(Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 01/20/2004)

RECAP
12 Jan. 16, 2004

MINUTE ORDER of 1/16/04 by Hon. Milton I. Shadur : Defendant's motion for an extension of time to answer or otherwise plead to complaint is granted [11-1]. Defendant has to and including 02/02/04 in which to answer or otherwise plead. Mailed notice (ntf) (Main Document 12 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 01/20/2004)

RECAP
13 Jan. 20, 2004

RETURN OF SERVICE by U.S. Marshals executed as to defendant Nike Retail Svc Inc on 01/13/04 (ntf) (Main Document 13 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 01/22/2004)

RECAP
14 Feb. 2, 2004

ANSWER and affirmative defenses by defendant Nike Retail Svc to plaintiffs' complaint of employment discrimination [0-1]; Notice. (ntf) (Main Document 14 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 02/04/2004)

RECAP
15 Feb. 3, 2004

MINUTE ORDER of 2/3/04 by Hon. Milton I. Shadur: Answer 3 is stricken, and Nike is deemed to have admitted the allegations in complaint 3. AD 1 is accordingly stricken. AD 4 is both hypothetical and premature, and it too is stricken. (Entered Memorandum Order). Notice mailed by judge's staff (ntf) (Main Document 15 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 02/04/2004)

RECAP
Feb. 4, 2004

SCHEDULE set on 2/4/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 3/4/04 . In court notice (srn)

16 Feb. 19, 2004

MOTION by plaintiff Keith Smith for appointment of counsel (ntf) (Main Document 16 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 02/25/2004)

RECAP
17 Feb. 19, 2004

MOTION by plaintiff to proceed in forma pauperis (Attachments) (ntf) Modified on 02/25/2004 (Main Document 17 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 02/25/2004)

RECAP
18 Feb. 24, 2004

NOTICE by plaintiff Ria McDougal of change of address (ntf) (Main Document 18 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 02/25/2004)

RECAP
19 Feb. 25, 2004

MINUTE ORDER of 2/25/04 by Hon. Milton I. Shadur : Plaintiffs' motion for appointment of counsel [16-1], [6-1], [5-1] is denied at the present, but obviously without prejudice to its potential renewal if it were to turn out that all of their effors have gone for naught. Entered Memorandum Opinion and Order. Mailed notice (ntf)

RECAP
March 4, 2004

SCHEDULE set on 3/4/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 3/18/04 . In court notice (srn)

20 March 18, 2004

MINUTE ORDER of 3/18/04 by Hon. Milton I. Shadur : Status hearing held and continued to 4/8/04 at 9:00 a.m. Plaintiffs' motions for appointment of counsel are granted. (5-1,6-1,16-1). This Court hereby appoints Noelle Brennan of Brennan & Monte, 321 S. Plymouth Court, Ste. 1515, Chichago, IL 60604, 312-431-1800 to represent the plaintiffs. Mailed notice (gcy) (Main Document 20 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 03/19/2004)

RECAP
21 April 8, 2004

ATTORNEY APPEARANCE for plaintiffs by Noelle Christine Brennan, Ines M. Monte (ntf) (Main Document 21 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 04/09/2004)

RECAP
April 8, 2004

SCHEDULE set on 4/8/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 6/10/04 . in court notice (srn)

June 10, 2004

SCHEDULE set on 6/10/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 8/5/04 . In court notice (srn)

22 Aug. 5, 2004

MINUTE ORDER of 8/5/04 by Hon. Milton I. Shadur: Status hearing held and continued to 9/22/04 at 9:00 a.m. Plaintiffs are granted leave to file an amended complaint on or before 08/19/04. Defendant's responsive pleading is due 21 days after the date of delivery of the amended complaint. Mailed notice (jmm) (Main Document 22 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 08/09/2004)

RECAP
23 Aug. 19, 2004

MOTION by plaintiffs for extension of time to file amended complaint ; Notice (ntf) (Main Document 23 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 08/20/2004)

RECAP
24 Aug. 23, 2004

FIRST AMENDED COMPLAINT [0-1] by plaintiffs; jury demand; adding plaintiffs John Lewis, Vernetta Duckworth, Janise Page, Jacques Walker, Shu-Ra Rogers, Todd Lindberg, Anthony Brown, Jason Readus, Dwight Brown, Robert Jackson, Billy Brown, Crystal Barbie, Markesha Hudson (ntf) (Main Document 24 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 08/24/2004)

RECAP
25 Aug. 25, 2004

MINUTE ORDER of 8/25/04 by Hon. Milton I. Shadur : Plaintiff's motion for extension of time to file amended complaint is granted [23-1]. No notice (ntf) (Main Document 25 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/6/2018 (gcy, ). (Entered: 08/26/2004)

RECAP
26 Sept. 13, 2004

MOTION by defendant for an extension of time to answer or otherwise plead to the amended complaint ; Notice (ntf) (Main Document 26 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 09/20/2004)

RECAP
27 Sept. 17, 2004

MINUTE ORDER of 9/17/04 by Hon. Milton I. Shadur: Defendant's motion for an extension of time to answer or otherwise plead to amended complaint is granted [26-1]. Defendant has to and including 10/28/04 in which to respond to plaintiff's amended complaint. The September 22 status date is vacated and reset to 11/17/04 at 9:00 a.m. Mailed notice (ntf) (Main Document 27 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 09/20/2004)

RECAP
29 Oct. 1, 2004

MOTION by plaintiffs for a protective order (Attachments); Notice (ntf) (Main Document 29 replaced on 6/1/2018) (gcy, ).(Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 10/15/2004)

RECAP
28 Oct. 12, 2004

RESPONSE by defendant to plaintiffs' motion for a protective order (Attachments); Notice. (ntf) (Main Document 28 replaced on 6/1/2018) (gcy, ).(Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 10/14/2004)

RECAP
30 Oct. 13, 2004

MINUTE ORDER of 10/13/04 by Hon. Milton I. Shadur: Plaintiffs' motion for a protective order is granted [29-1]. Counsel is to submit an agreed draft order for signature. A status hearing set for 10/22/04 at 8:45 a.m. No notice (ntf) (Main Document 30 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 10/15/2004)

RECAP
Oct. 22, 2004

SCHEDULE set on 10/22/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 11/17/04 . In court notice (srn)

31 Oct. 27, 2004

MINUTE ORDER of 10/27/04 by Hon. Milton I. Shadur: (Entered Protective Order). Notice mailed by judge's staff (ntf) (Main Document 31 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 10/29/2004)

RECAP
33 Nov. 2, 2004

MINUTE ORDER of 11/2/04 by Hon. Milton I. Shadur: Plaintiff's response to defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) [32-1] is to be filed on or before 11/15/04. No notice (ntf) (Main Document 33 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 11/02/2004)

RECAP
34 Nov. 16, 2004

LETTER to Judge Shadur from attorney Noelle Brennan dated 11/16/04 for plaintiffs. (hp) Modified on 11/19/2004 (Main Document 34 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 11/19/2004)

RECAP
35 Nov. 16, 2004

LETTER to Judge Shadur from attorney Kevin T. Lee dated 11/16/04 for defendant. (hp) (Main Document 35 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 11/19/2004)

RECAP
36 Nov. 17, 2004

MINUTE ORDER of 11/17/04 by Hon. Milton I. Shadur : Status hearing held and continued to 01/13/05 at 9:00 a.m. Defendant's motion to dismiss is granted in part and denied in part in accordance with this Court's oral ruling. (32-1) Plaintiffs Anthony Brown, Dwight Brown, Jason Readus, and Robert Jackson are dismissed from this action. The motin is granted as to the Title VII claims relating to conduct more than 300 days before the Keith Smith filing of charges with the EEOC. The motion based on the single filing doctrine is denied. All Title VII (both individual and class) claims based on hostile work environment are dismissed. Mailed notice (hp) (Main Document 36 replaced on 6/1/2018) (gcy, ).(Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 11/19/2004)

RECAP
37 Dec. 2, 2004

AGREED MOTION by defendant Nike Retail Svc Inc for an extension of time to answer or otherwise plead to plaintiffs amended complaint ; Notice (ntf) (Main Document 37 replaced on 6/1/2018) (gcy, ).(Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/10/2004)

RECAP
38 Dec. 9, 2004

MINUTE ORDER of 12/9/04 by Hon. Milton I. Shadur: Defendant's agreed motion for an extension of time to answer or otherwise plead to plaintiffs amended complaint is granted [37-1]. Defendant has to and including 12/17/04 in which to answer or otherwise plead. Mailed notice (ntf) (Main Document 38 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/10/2004)

RECAP
40 Dec. 27, 2004

MOTION by defendant for an extension of time to respond or object to plaintiffs' requests for production pursuant to Rule 34(b) ; Notice (ntf) (Main Document 40 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/30/2004)

RECAP
41 Dec. 29, 2004

MINUTE ORDER of 12/29/04 by Hon. Milton I. Shadur: Defendant's motion for an extension of time to respond or object to requests for production pursuant to Rule 34(b) is granted [40-1]. Defendant has to and including 01/10/05 in which to respond or object to plaintiffs' request for production. Mailed notice (ntf) (Main Document 41 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 12/30/2004)

RECAP
44 Jan. 5, 2005

RESPONSE by defendant to plaintiffs' motion to quash subpoenas [43-1], and motion for protective order [43-2]; Notice. (ntf) (Main Document 44 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals).Modified on 6/1/2018 (gcy, ). (Entered: 01/07/2005)

RECAP
42 Jan. 6, 2005

REFERRAL ORDER: Case referred to Hon. Morton Denlow for discovery supervision Mailed notice. (srn) (Main Document 42 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 01/06/2005)

RECAP
45 Jan. 6, 2005

MINUTE ORDER of 1/6/05 by Hon. Milton I. Shadur: Plaintiffs' motion to quash subpoenas [43-1], and for protective order [43-2] is granted in accordance with this Court's oral ruling. This action is referred to Magistrate Judge Denlow for discovery supervision. The 01/13/05 status date is vacated and reset to 03/08/05 9:00 a.m. Mailed notice (ntf) (Main Document 45 replaced on 6/1/2018) (gcy, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals). Modified on 6/1/2018 (gcy, ). (Entered: 01/07/2005)

RECAP
Jan. 6, 2005

SCHEDULE set on 1/6/05 by Hon. Morton Denlow : Status hearing set to 10:00 2/15/05 before Magistrate Judge Morton Denlow in Courtroom 1350. Parties shall deliver a copy of an initial status report to chambers, Room 1356, 3 business days before the initial status hearing. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. Mailed notice (dmk)

46 Jan. 13, 2005

MOTION by Defendant Nike Retail Services, Inc for leave to file additional appearances; Exhibits. (ntf, ) Modified on 4/3/2006 (ym, ). (Entered: 01/21/2005)

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47 Jan. 13, 2005

NOTICE by Nike Retail Services, Inc of motion for leave to file additional appearances. (ntf, ) (Entered: 01/21/2005)

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48 Jan. 19, 2005

MINUTE entry before Judge Milton I. Shadur : Defendant's motion for leave to file additional appearances 46 is granted. Kathryn Woodward is granted leave to substitute her appearance for that of Karen E. Tinglin, Michael A. Warner, Gerald L. Maatman, Jr. Sari M. Alamuddin and S. Leigh Jeter of the law firm of Seyfarth Shaw LLP are granted leave to file their appearances as additional counsel on behalf of Nike. (ntf, ) (Entered: 01/21/2005)

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49 Feb. 11, 2005

MINUTE entry before Judge Morton Denlow : Status hearing reset for 2/17/2005 at 10:00 AM. on request of the parties. Status hearing set for 2/15/05 is stricken. (dmk, ) (Entered: 02/11/2005)

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50 Feb. 11, 2005

INITIAL STATUS Report by parties; Notice; Exhibits.(ntf, ) Modified on 2/2/2006 (ym, ). (Entered: 02/14/2005)

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51 Feb. 16, 2005

MOTION by Defendant Nike Retail Services, Inc to clarify the court's 10/27/04 protective order; Exhibits. (rbf, ) Modified on 2/28/2006 (ym, ). (Entered: 02/17/2005)

RECAP
52 Feb. 16, 2005

NOTICE of Motion by all defendants for presentment of motion by plaintiff to clarify the court's 10/27/04 protective order 51 before Honorable Milton I. Shadur on 2/24/2005 at 09:15 AM. (rbf, ) (Entered: 02/17/2005)

RECAP
53 Feb. 17, 2005

MINUTE entry before Judge Morton Denlow : Status hearing held on 2/17/2005. Status hearing set for 3/8/2005 at 10:00 AM. The language of the rider with respect to pre-termination employers is as stated in open Court. The language of the rider with respect to post-termination employers is denied without prejudice as stated in open Court. Judicial staff mailed notice (dmk, ) (Entered: 02/18/2005)

RECAP
55 Feb. 22, 2005

MOTION by Plaintiffs for leave to file plaintiffs' second amended complaint. (ntf, ) (Entered: 03/01/2005)

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56 Feb. 22, 2005

NOTICE by plaintiffs of motion for leave to file plaintiffs' second amended complaint 55 (ntf, ) (Entered: 03/01/2005)

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58 Feb. 22, 2005

SECOND AMENDED complaint by plaintiffs.(ntf, ) Modified on 5/17/2006 (ef, ). (Entered: 03/01/2005)

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54 Feb. 24, 2005

MINUTE entry before Judge Milton I. Shadur : Motion to clarify 51 is denied,with a provision that is to be drafted for amodification of Paragraph 2 of the 10/27/04 protective order. Motions terminated: MOTION by Defendant Nike Retail Services, Inc to clarify 51 in court notice (srn, ) (Entered: 02/25/2005)

RECAP
57 Feb. 24, 2005

MINUTE entry before Judge Milton I. Shadur : Plaintiff's motion for leave to file plaintiff's second amended complaint 55 is granted. Defendant's amendment to the existing answer is to be filed on or before 03/10/05. Mailed notice (ntf, ) (Entered: 03/01/2005)

RECAP
59 March 8, 2005

MINUTE entry before Judge Morton Denlow : Status hearing held on 3/8/2005. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Judge Morton Denlow no longer referred to the case. Judicial staff mailed notice (dmk, ) (Entered: 03/08/2005)

RECAP
60 March 8, 2005

MINUTE entry before Judge Milton I. Shadur :Status hearing held on 3/8/2005 Status hearing set for 3/22/2005 at 08:45 AM.In court notice. Modified on 4/27/2006 (smm, ). (Entered: 03/08/2005)

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61 March 8, 2005

TRANSCRIPT of Proceedings before Judge Morton Denlow held on 02/17/05 (Volumes 1). (ntf, ) (Entered: 03/08/2005)

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62 March 10, 2005

ANSWER and affirmative defenses by defendant to second amended complaint; Notice. (ntf, ) (Entered: 03/15/2005)

RECAP
63 March 16, 2005

MOTION by Plaintiffs for leave to file an additional appearance (gma, ) (Entered: 03/17/2005)

RECAP
64 March 16, 2005

NOTICE of Motion by Noelle Christine Brennan for presentment of MOTION by Plaintiffs for leave to file an additional appearance 63 before Honorable Milton I. Shadur on 3/22/2005 at 09:15 AM. (gma, ) (Entered: 03/17/2005)

RECAP
67 March 16, 2005

UNOPPOSED MOTION by Defendant Nike Retail Services, Inc for entry of agreed protective order (gma, ) (Entered: 03/18/2005)

RECAP
68 March 16, 2005

NOTICE of Motion by Kevin Thomas Lee for presentment of UNOPPOSED MOTION by Defendant Nike Retail Services, Inc for entry of agreed protective order 67 before Honorable Milton I. Shadur on 3/22/2005 at 09:15 AM. (gma, ) (Entered: 03/18/2005)

RECAP
65 March 17, 2005

MOTION by Defendant Nike Retail Services, Inc to clarify plaintiffs' second amended complaint (gma, ) (Entered: 03/18/2005)

RECAP
66 March 17, 2005

NOTICE of Motion by Kevin Thomas Lee for presentment of MOTION by Defendant Nike Retail Services, Inc to clarify plaintiffs' second amended complaint 65 before Honorable Milton I. Shadur on 3/22/2005 at 09:15 AM. (gma, ) (Entered: 03/18/2005)

RECAP
69 March 17, 2005

MINUTE entry before Judge Milton I. Shadur : Defendant's motion for entry of proposed protective order 67 is granted. Enter Protective Order. After the case is closed in the District Court, the parties may obtain the return of any previously-sealed documents by a motion filed within 60 days after the case is closed. Any documents that are not so withdrawn will become part of the public case file. Notice mailed by judge's staff (ntf, ) (Entered: 03/21/2005)

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70 March 17, 2005

AGREED PROTECTIVE Order Signed by Judge Milton I. Shadur on 3/17/2005: Notice mailed by judge's staff (ntf, ) (Entered: 03/21/2005)

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113 March 17, 2005

MINUTE entry before Judge Milton I. Shadur : Attorney Randall D. Schmidt for Todd Lindberg and Billy Brown added. (srn, ) (Entered: 02/15/2006)

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71 March 22, 2005

MINUTE entry before Judge Milton I. Shadur : Motion for leave to file 63 is granted, Motion to clarify 65 is granted, Status hearing held on 3/22/2005, Motions terminated: MOTION by Defendant Nike Retail Services, Inc to clarify 65, MOTION by Plaintiffs Todd Lindberg, Billy Brown, Crystal Barbie, Markesha Hudson, Ria McDougal, Keith Smith, John - Lewis, Vernetta Duckworth, Dajuana Young, Anthony Barlow, Larry Posey, Janise Page, Jacques Walker, Shu-Ra Rogers for leave to file 63 Status hearing set for 7/21/2005 at 08:45 AM. Any motion for class certification shall be filed on or before July 18, 2005. In Court notice (srn, ) (Entered: 03/22/2005)

RECAP
76 April 13, 2005

MINUTE entry before Judge Milton I. Shadur : For the reasons stated orally. defendant's emergency motion is granted in that both sides counsel is to refrain from improper deposition conduct and the motion is denied as to the entry of a general order allowing more than seven hours to depose plaintiff's, subject to appropriate individual consideration at a later date. The motion to compel answer to questions regarding Keith Smith's prior convitions 72 is denied. Mailed notice (ntf, ) (Entered: 04/14/2005)

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77 April 19, 2005

ATTORNEY Appearance for Defendant Nike Retail Services, Inc by Brenda H. Feis; Notice. (ntf, ) (Entered: 04/20/2005)

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78 June 27, 2005

JOINT MOTION by Plaintiffs to extend date for filing motion for class certification (gma, ) (Entered: 06/28/2005)

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79 June 27, 2005

NOTICE of Motion by Ines M. Monte for presentment of JOINT MOTION by Plaintiffs to extend date for filing motion for class certification 78 before Honorable Milton I. Shadur on 6/29/2005 at 09:15 AM. (gma, ) (Entered: 06/28/2005)

RECAP
80 June 29, 2005

MINUTE entry before Judge Milton I. Shadur : Motion for extension of timetime 78 is granted. Plaintiffs' motion for class certification is to be filed on or before October 3, 2005., Motions terminated: MOTION by Plaintiffs Keith Smith, Dajuana Young, Larry Posey, Janise Page, Jacques Walker, Shu-Ra Rogers for extension of time 78 Mailed notice (srn, ) (Entered: 06/29/2005)

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81 July 22, 2005

MINUTE entry before Judge Milton I. Shadur : Status hearing set for 10/11/2005 at 09:00 AM. Mailed notice (srn, ) (Entered: 07/22/2005)

RECAP
82 Aug. 9, 2005

MOTION by Defendant Nike Retail Services, Inc to substitute attorney, MOTION by Defendant Nike Retail Services, Inc to withdraw as attorney (Attachments: # 1 Exhibit Appearance of Riana N. Shipps# 2 Exhibit Affidavit of Philip S. Holloway)(Lee, Kevin) (Entered: 08/09/2005)

RECAP
83 Aug. 9, 2005

NOTICE of Motion by Kevin Thomas Lee for presentment of motion to substitute attorney, motion to withdraw as attorney,, 82 before Honorable Milton I. Shadur on 8/19/2005 at 09:15 AM. (Lee, Kevin) (Entered: 08/09/2005)

RECAP
84 Aug. 19, 2005

MINUTE entry before Judge Milton I. Shadur : Defendant's motion for leave to withdraw and substitute appearance 82 is granted. Phillip Holloway is granted leave to withdraw his appearance and Riana Shipps is granted leave to file her appearance on behalf of the defendant, Nike. Mailed notice (ntf, ) (Entered: 08/22/2005)

RECAP
85 Sept. 16, 2005

UNOPPOSED MOTION by Plaintiffs to extend date for filing motion for class certification. (ntf, ) (Entered: 09/21/2005)

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86 Sept. 16, 2005

NOTICE by plaintiffs of motion to extend date for filing motion for class certification 85 (ntf, ) (Entered: 09/21/2005)

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87 Sept. 20, 2005

MINUTE entry before Judge Milton I. Shadur : Motion for extension of timetime 85 is granted, Plaintiffs have to and including December 16, 2005 in which to file their motion for class certification. Motions terminated: MOTION by Plaintiffs Todd Lindberg, Anthony Brown, Jason Readus, Dwight - Brown, Robert Jackson, Billy Brown, Crystal Barbie, Markesha Hudson, Ria McDougal, Keith Smith, John - Lewis, Vernetta Duckworth, Dajuana Young, Anthony Barlow, Larry Posey, Janis 85 Status hearing set for 12/22/2005 at 09:00 AM. In court notice (srn, ) (Entered: 09/22/2005)

RECAP
88 Dec. 13, 2005

MOTION by Plaintiff Keith Smith for extension of time and to file brief in excess of fifteen pages (Attachments: # 1 Certificate of Service Notice of Motion and Certificate of Service)(Caporusso, Catherine) (Entered: 12/13/2005)

RECAP
89 Dec. 13, 2005

NOTICE of Motion by Catherine A. Caporusso for presentment of motion for extension of time 88 before Honorable Milton I. Shadur on 12/15/2005 at 09:15 AM. (Caporusso, Catherine) (Entered: 12/13/2005)

RECAP
90 Dec. 15, 2005

MINUTE entry before Judge Milton I. Shadur : Motion for extension of timetime 88 is granted Status hearing set for 1/5/2006 at 09:00 AM. In court notice (srn, ) (Entered: 12/15/2005)

RECAP
91 Dec. 23, 2005

MOTION by Plaintiff Keith Smith to certify class (Monte, Ines) (Entered: 12/23/2005)

Clearinghouse
92 Dec. 23, 2005

MEMORANDUM by Keith Smith in Support of motion to certify class 91 (Monte, Ines) (Entered: 12/23/2005)

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93 Dec. 23, 2005

NOTICE by all plaintiffs re memorandum in support of motion 92, MOTION by Plaintiff Keith Smith to certify class 91 (Monte, Ines) (Entered: 12/23/2005)

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94 Dec. 23, 2005

NOTICE by all plaintiffs re MOTION by Plaintiff Keith Smith to certify class 91 Filing by Paper of Appendix (Monte, Ines) (Entered: 12/23/2005)

RECAP
95 Jan. 3, 2006

MOTION by Defendant Nike Retail Services, Inc for leave to file Motion for Summary Judgment (Feis, Brenda) (Entered: 01/03/2006)

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96 Jan. 3, 2006

NOTICE of Motion by Brenda H. Feis for presentment of motion for leave to file 95 before Honorable Milton I. Shadur on 1/5/2006 at 09:00 AM. (Feis, Brenda) (Entered: 01/03/2006)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: Dec. 17, 2003

Closing Date: May 20, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African-American employees and managers who were employed at Niketown Chicago at any time between December 17, 1999 and the present.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Nike Retail Services, Inc.

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Northern District of Illinois 1:03-cv-09110

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Damages

Injunction

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $7,500,000

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Disparate Treatment

Pay / Benefits

Promotion

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Female

Male

Recommended Citation