Case: Karraker v. Rent-A-Center Inc.

2:02-cv-02026 | U.S. District Court for the Central District of Illinois

Filed Date: Jan. 28, 2002

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On January 28, 2002, current and former employees, on behalf of themselves and others similarly situated, sued their employer, Rent-A-Center, Inc. (RAC), in the U.S. District Court for the Central District of Illinois, under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. and state laws. The plaintiffs, represented by private counsel, sought declaratory, injunctive, and monetary relief as well as class certification. On March 22, 2002, the plaintiffs amended their complaint, and…

On January 28, 2002, current and former employees, on behalf of themselves and others similarly situated, sued their employer, Rent-A-Center, Inc. (RAC), in the U.S. District Court for the Central District of Illinois, under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. and state laws. The plaintiffs, represented by private counsel, sought declaratory, injunctive, and monetary relief as well as class certification.

On March 22, 2002, the plaintiffs amended their complaint, and added Associated Personnel Technicians (APT) as a co-defendant. In their amended complaint, they challenged RAC's policy that required all employees and external applicants seeking management positions to take a series of tests, collectively referred to as the management test. They alleged that APT scored and interpreted the management test for RAC, and the results were compiled into psychological profiles, sent to the employees' immediate supervisors and placed in their personal files.

Part of the test involved questions from the Minnesota Multiphasic Personality Inventory (MMPI), a test RAC said it used to measure personality traits, but it was in fact also a psychological test that helped psychologists to diagnose and treat individuals with psychiatric disorders. RAC declined to promote any employee with more than 12 deviations reflected in the test score. The plaintiffs in this case had more than 12 deviations on the test, and were not promoted as a result.

While the discovery was still ongoing, on January 8, 2003, the District Court (Judge Michael P. McCuskey) dismissed the plaintiffs' FCRA claim and limited the scope of one of their three state claims. Karraker v. Rent-A-Ctr., Inc., 239 F. Supp. 2d 828 (C.D. Ill. 2003). In addition, the Court allowed the plaintiffs to add a claim under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12111 et seq., to their second amended complaint. The Court also resolved the jurisdiction disputes about APT, and terminated the defendant CEO for lack of jurisdiction, leaving RAC and APT as the remaining defendants. The plaintiffs filed their second amended complaint on the same day.

In the second amended complaint, the ADA claims were brought by only one of the plaintiffs (the ADA plaintiff), as he was the only one who filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). He alleged that he was discharged by RAC in retaliation for protesting the test, and that RAC's use of the MMPI as part of its testing program violated the ADA. Subsequently, the plaintiffs filed a motion for class certification, and RAC filed a motion for partial summary judgment.

On February 17, 2004, the Court granted in part and denied in part RAC's motion and entered in favor of RAC on the ADA claims of denial of promotions (based on the claim's untimeliness) and retaliation. The Court also granted in part and denied in part the plaintiffs' class certification motion. A class was certified as all past and present employees of RAC in Illinois who took the Test.

The plaintiffs and the defendants filed cross motions for summary judgment. On May 7, 2004, the Court granted summary judgment in the defendants' favor on the plaintiffs' state law claims and the administration of the test claim, while the termination claim was still pending. Karraker v. Rent-A-Ctr., Inc., 316 F. Supp. 2d 675 (C.D. Ill. 2004). The Court entered judgment in APT's favor and terminated APT from the action, leaving RAC as the only defendant. With regard to the administration of the Test claim, the Court found that RAC's use of MMPI as part of the Test was not medical examination for purposes of the ADA and thus not in violation of the ADA.

The plaintiffs appealed the summary judgment rulings to the 7th Circuit and stipulated the dismissal of the termination claim to allow the appeal to go forward. The 7th Circuit issued its decision on June 14, 2005, affirming the dismissal of the ADA claim of denial of promotions and state law claims, while reversing in part and remanding the case back to the District Court. Karraker v. Rent-A-Ctr., Inc., 411 F.3d 831 (7th Cir. 2005). The Court of Appeals, in an opinion by Judge Terence T. Evans, found that the MMPI was a medical examination under the ADA, so the summary judgment ruling could be entered in the plaintiffs' favor regarding this claim.

On remand, the District Court entered summary judgment in the plaintiffs' favor regarding the administration claim in a text order. On August 12, 2005, the Court ordered RAC to search for and removed all scores and narratives of the Test from its facilities, and not to consider those results in making any employment decision for its Illinois employees. Karraker v. Rent-A-Ctr., Inc., 2005 WL 2001511 (C.D. Ill. Aug. 12, 2005). The Court also re-opened the ADA plaintiff's termination claim by agreement of both parties.

RAC then filed a summary judgment motion, arguing that the termination claim should be dismissed under the doctrine of judicial estoppel. The Court agreed and entered summary judgment in RAC's favor regarding the termination claim on November 7, 2005. Karraker v. Rent-A-Ctr., Inc., 2005 WL 2979652 (C.D. Ill. Nov. 7, 2005). The plaintiffs petitioned for attorneys' fees and moved for compensation for class representative, the ADA plaintiff. On May 19, 2006, the Court denied the petition, holding that the plaintiffs were not the prevailing party, and granted the motion, awarding $5,000 in compensation to the ADA plaintiff. Karraker v. Rent-A-Ctr., Inc., 431 F. Supp. 2d 883 (C.D. Ill. 2006). The plaintiffs appealed the decision to the 7th Circuit.

On July 19, 2007, the 7th Circuit Court, in an opinion by Judge Evans, held that the plaintiffs were prevailing parties and thus were entitled to attorneys' fees. Karraker v. Rent-A-Ctr., Inc., 492 F.3d 896 (7th Cir. 2007). The Court vacated the denial order and remanded for a determination of a reasonable award of attorneys' fees. Judge Joel M. Flaum dissented.

On remand, the District Court awarded $155,328.85 in attorneys' fees and litigation costs to the plaintiffs and issued a final judgment. Karraker v. Rent-A-Ctr., Inc., 2008 WL 1990346 (C.D. Ill. May 2, 2008). RAC appealed to the 7th Circuit, but later voluntarily dismissed the appeal. This ended the case.

Summary Authors

Emma Bao (8/7/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4624566/parties/karraker-v-rent-a-center-inc/


Documents in the Clearinghouse

Documents in this case

2:02-cv-02026

Docket [PACER]

Karraker v. Rent-A-Center Incorporated

July 27, 2009

July 27, 2009

Docket
70

2:02-cv-02026

Order

Karraker v. Rent-A-Center

Jan. 8, 2003

Jan. 8, 2003

Order/Opinion

239 F.Supp.2d 828

183

2:02-cv-02026

Opinion

Karraker v. Rent-A-Center Incorporated

May 7, 2004

May 7, 2004

Order/Opinion

316 F.Supp.2d 675

04-02881

Opinion

Karraker v. Rent-A-Center

U.S. Court of Appeals for the Seventh Circuit

June 14, 2005

June 14, 2005

Order/Opinion

411 F.3d 831

216

2:02-cv-02026

Opinion

Karraker v. Rent-A-Center Incorporated

Aug. 12, 2005

Aug. 12, 2005

Order/Opinion

2005 WL 2001511

240

2:02-cv-02026

Opinion

Karraker v. Rent-A-Center Incorporated

Nov. 7, 2005

Nov. 7, 2005

Order/Opinion

2005 WL 2979652

269

2:02-cv-02026

Opinion

Karraker v. Rent-A-Center

May 19, 2006

May 19, 2006

Order/Opinion

431 F.Supp.2d 883

06-02617

Opinion

Karraker v. Rent-A-Center

U.S. Court of Appeals for the Seventh Circuit

July 9, 2007

July 9, 2007

Order/Opinion

492 F.3d 896

299

2:02-cv-02026

Opinion

Karraker v. Rent-A-Center

May 2, 2008

May 2, 2008

Order/Opinion

2008 WL 1990346

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4624566/karraker-v-rent-a-center-inc/

Last updated Oct. 29, 2026, 6:23 p.m.

Docket for: Karraker v. Rent-A-Center Inc
ECF Number Date Description Link
1 Jan. 28, 2002

COMPLAINT filed; case referred to Mag. Judge David G. Bernthal (SP, ilcd) (Entered: 01/28/2002)

RECAP
2 Jan. 28, 2002

FILING FEE PAID on 1/28/02 in the amount of $150.00 receipt #U1065. (SP, ilcd) (Entered: 01/28/2002)

RECAP
3 March 11, 2002

WAIVER OF SERVICE returned as to defendant Rent-A-Center Inc. Date waiver sent: 1/30/02 ; Answer due on 4/1/02 for Rent-A-Center Inc (SP, ilcd) (Entered: 03/11/2002)

RECAP
4 March 22, 2002

AMENDED COMPLAINT by plaintiffs Steven L Karraker, Michael A Karraker, Christopher M Karraker; jury demand [1-1]; adding Associated Personnel (SP, ilcd) (Entered: 03/22/2002)

RECAP
5 March 25, 2002

ATTORNEY APPEARANCE by Lorna Geiler for defendant Rent-A-Center Inc (SP, ilcd) (Entered: 03/25/2002)

RECAP
6 April 10, 2002

MOTION by defendant Rent-A-Center Inc to dismiss amended complaint (SP, ilcd) (Entered: 04/11/2002)

RECAP
7 April 10, 2002

MEMORANDUM IN SUPPORT of motion to dismiss amended complaint [6-1] by defendant Rent-A-Center Inc (SP, ilcd) (Entered: 04/11/2002)

RECAP
8 April 15, 2002

SUMMONS issued as to J Ernest Talley and returned to plaintiff's attorney (SP, ilcd) (Entered: 04/17/2002)

RECAP
9 April 17, 2002

CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Rent-A-Center Inc (SP, ilcd) (Entered: 04/17/2002)

RECAP
10 April 24, 2002

MOTION by plaintiffs Steven L Karraker, Michael A Karraker, and Christopher M Karraker to extend time to respond to motion to dismiss (SP, ilcd) (Entered: 04/24/2002)

RECAP
April 24, 2002

Order

April 24, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time to respond to motion to dismiss [10-1]. Plaintiffs' response to motion to dismiss amended complaint [6-1] is due 5/1/02 (cc: all counsel). (SP, ilcd)

11 April 26, 2002

WAIVER OF SERVICE returned as to defendant Associated Personnel. Date waiver sent: 3/26/02. Answer due on 5/28/02 for Associated Personnel. (SP, ilcd) (Entered: 04/26/2002)

RECAP
12 April 30, 2002

MOTION by plaintiffs to extend time to respond to motion to dismiss (SP, ilcd) (Entered: 04/30/2002)

RECAP
13 May 1, 2002

RETURN OF SERVICE executed upon defendant J Ernest Tally on 4/19/02 (SP, ilcd) (Entered: 05/01/2002)

RECAP
14 May 2, 2002

MOTION by plaintiff to consider defendant Rent-a-Center's motion to dismiss as a motion for summary judgment and to set certain dates accordingly (SP, ilcd) (Entered: 05/02/2002)

RECAP
15 May 2, 2002

MEMORANDUM IN SUPPORT of motion to consider defendant Rent-a-Center's motion to dismiss as a motion for summary judgment [14-1] by plaintiffs (SP, ilcd) (Entered: 05/02/2002)

RECAP
16 May 8, 2002

ANSWER/AFFIRMATIVE DEFENSES by defendant J Ernest Tally (SP, ilcd) (Entered: 05/08/2002)

RECAP
17 May 17, 2002

RESPONSE by defendant Rent-A-Center Inc to motion to consider defendant Rent-a-Center's motion to dismiss as a motion for summary judgment [14-1] (SP, ilcd) (Entered: 05/17/2002)

RECAP
May 22, 2002

Order

May 22, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time to respond to motion to dismiss [12-1] (cc: all counsel). (SP, ilcd)

May 22, 2002

Minutes - Miscellaneous

May 22, 2002

MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Plaintiffs' motion to consider defendant Rent-a-Center's motion to dismiss as a motion for summary judgment and set certain dates accordingly [14-1] is DENIED. If, as plaintiffs suggest, resolution of the motion requires resolution of factual issues outside the pleadings, the motion will be denied. There is no reason to delay the matter as plaintiffs suggest. Plaintiffs shall respond to the motion to dismiss amended complaint [6-1] by 6/7/02. (cc: all counsel) (SP, ilcd)

18 May 28, 2002

MOTION by defendant Associated Personnel to extend time (S, ilcd) (Entered: 05/28/2002)

RECAP
19 May 28, 2002

CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Associated Personnel (S, ilcd) (Entered: 05/28/2002)

RECAP
20 May 28, 2002

ATTORNEY APPEARANCE by Glen Stanko for defendant Associated Personnel (S, ilcd) (Entered: 05/28/2002)

RECAP
21 May 28, 2002

ORDER by Mag. Judge David G. Bernthal. This matter is scheduled for Rule 16 conference by personal appearance at 2:15 on 7/15/02 . No client attendance required. See written order. (cc: all counsel/with Rule 16 enclosures) (S, ilcd) (Entered: 05/28/2002)

RECAP
May 29, 2002

Order

May 29, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time [18-1]. Answer due 6/27/02 for Associated Personnel . (cc: all counsel) (SP, ilcd)

22 June 7, 2002

RESPONSE by plaintiffs to motion to dismiss amended complaint [6-1] (SP, ilcd) (Entered: 06/07/2002)

RECAP
23 June 7, 2002

MOTION by plaintiff for leave to file second amended complaint (filed as mtn to allow filing second amended complaint) (SP, ilcd) (Entered: 06/07/2002)

RECAP
24 June 14, 2002

MOTION by defendant J Ernest Tally to dismiss amended complaint (SD, ilcd) (Entered: 06/14/2002)

RECAP
25 June 14, 2002

MEMORANDUM IN SUPPORT of motion to dismiss amended complaint [24-1] by defendant J Ernest Tally (SD, ilcd) (Entered: 06/14/2002)

RECAP
26 June 21, 2002

MEMORANDUM IN OPPOSITION to motion for leave to file second amended complaint [23-1] by defendant Rent-A-Center Inc (SD, ilcd) (Entered: 06/21/2002)

RECAP
27 June 26, 2002

MOTION by plaintiffs to extend time until 7/11/02 to respond to Dft Tally's Motion to Dismiss (SLJ, ilcd) (Entered: 06/26/2002)

RECAP
28 June 27, 2002

ATTORNEY APPEARANCE by Gary Ayers for defendant Associated Personnel (SP, ilcd) (Entered: 06/27/2002)

RECAP
29 June 27, 2002

RESPONSE by defendant Associated Personnel to motion to consider defendant Rent-a-Center's motion to dismiss as a motion for summary judgment [14-1] (SP, ilcd) (Entered: 06/27/2002)

RECAP
30 June 27, 2002

MEMORANDUM IN OPPOSITION to motion for leave to file second amended complaint [23-1] by defendant Associated Personnel (SP, ilcd) (Entered: 06/27/2002)

RECAP
31 June 27, 2002

RESPONSE by defendant Associated Personnel to motion to dismiss amended complaint [24-1] (SP, ilcd) (Entered: 06/27/2002)

RECAP
32 June 27, 2002

MOTION by defendant Associated Personnel to dismiss amended complaint (SP, ilcd) (Entered: 06/27/2002)

RECAP
33 June 27, 2002

MEMORANDUM IN SUPPORT of motion to dismiss amended complaint [32-1] by defendant Associated Personnel (SP, ilcd) (Entered: 06/27/2002)

RECAP
34 July 1, 2002

PROPOSED DISCOVERY PLAN filed by plaintiffs (SP, ilcd) (Entered: 07/01/2002)

RECAP
35 July 1, 2002

PROPOSED DISCOVERY PLAN filed by defendant Rent-A-Center Inc and defendant Associated Personnel (SP, ilcd) (Entered: 07/01/2002)

RECAP
36 July 1, 2002

MOTION by defendant Rent-A-Center Inc and defendant Associated Personnel to bifurcate discovery (SP, ilcd) (Entered: 07/01/2002)

RECAP
37 July 1, 2002

MEMORANDUM IN SUPPORT of motion to bifurcate discovery [36-1] by defendant Rent-A-Center Inc and defendant Associated Personnel (SP, ilcd) (Entered: 07/01/2002)

RECAP
38 July 2, 2002

Request by defendant Associated Personnel to participate by telephone at Rule 16 Scheduling Conference (SP, ilcd) (Entered: 07/02/2002)

RECAP
July 3, 2002

Order

July 3, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying request to participate by telephone at Rule 16 Scheduling Conference [38-1] (cc: all counsel). (SP, ilcd)

39 July 8, 2002

MOTION by plaintiff for order to declare response moot (SP, ilcd) (Entered: 07/08/2002)

RECAP
40 July 8, 2002

MOTION by plaintiffs for leave to file reply to defendant Rent-A-Center's memorandum in opposition to plaintiffs' motion to file second amended complaint (SP, ilcd) (Entered: 07/08/2002)

RECAP
July 8, 2002

Minutes - Miscellaneous

July 8, 2002

MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Attys Leahy, Geiler and Stanko should appear by personal appearance for the Rule 16 conference scheduled for 7/15/02 at 2:15 p.m. Attys Riback, Wright/Ferguson and Ayers may appear by telephone conference. The court will initiate the call to those attorneys who desire to participate by telephone. This docket entry overrides the court's previous order of 7/3/02 denying defendant Associated's request for counsel to appear by telephone. Attys Leahy, Geiler and Stanko were notified of this information by the court by telephone this date and were asked to notify their respective co-counsel. (cc: all counsel) (SP, ilcd)

41 July 9, 2002

RESPONSE by plaintiffs to motion to bifurcate discovery [36-1] (SP, ilcd) (Entered: 07/09/2002)

RECAP
42 July 9, 2002

MOTION by plaintiff to allow plaintiffs until 7/16/02 to respond to defendant Tally's motion to dismiss and to defendant Associated's motion to dismiss (SP, ilcd) (Entered: 07/09/2002)

RECAP
43 July 12, 2002

NOTICE OF SERVICE OF RULE 26 INITIAL DISCLOSURE STATEMENT by defendant Associated Personnel (SP, ilcd) (Entered: 07/12/2002)

RECAP
44 July 15, 2002

RESPONSE by plaintiff to motion to dismiss amended complaint [32-1] (SP, ilcd) (Entered: 07/15/2002)

RECAP
45 July 15, 2002

RESPONSE by plaintiffs to motion to dismiss amended complaint [24-1] (SP, ilcd) (Entered: 07/15/2002)

RECAP
July 15, 2002

Minutes - Miscellaneous

July 15, 2002

MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Rule 16 conference held 2:15 7/15/02 . Appearances for plaintiffs by Mary Lee Leahy in person and William Riback by telephone. Appearances for defendants by Lorna Geiler (in person), Franklin Wright (by telephone), Dwight Dumler (by telephone), Glenn Stanko (in person), and Gary Ayers (by telephone w/legal assistant Karen Sanders). Plaintiffs' motion to extend time until 7/11/02 to respond to Dft Tally's Motion to Dismiss [27-1] ruled moot. Plaintiffs' motion for leave to file reply to defendant Rent-A-Center's memorandum in opposition to plaintiffs' motion to file second amended complaint [40-1] is granted. Misc ddl for filing plaintiffs' reply is 7/19/02 . Motion to bifurcate discovery [36-1] is denied. Oral motion by atty Wright to stay discovery is denied. Plaintiffs' proposed discovery plan [34-1] modified and approved. Final pretrial set for 1:15 p.m. 12/22/03. Jury selection and jury trial set for 9:30 a.m. 1/12/04. (Case No. 1, estimated length to be determined at a later date.) Written order to be entered. (cc: all counsel) (SP, ilcd)

46 July 19, 2002

REPLY by plaintiffs' Steven L Karraker, Michael A Karraker, Christopher M Karraker memorandum [30-1]. (filed as plaintiffs' reply to defendants' opposition to plaintiffs' motion to allow filing of secnd amended complaint) (SD, ilcd) (Entered: 07/19/2002)

RECAP
47 July 26, 2002

DISCOVERY ORDER by Mag. Judge David G. Bernthal. A discovery conference was held 7/15/02. Deadlines were established by the Court. Initial interrogatories and requests to produce shall be served on opposing parties by 8/5/02. The misc ddl for amendment of pleadings and joining additional parties is 1/31/03 . Plaintiffs shall disclose experts and provide expert reports by 4/1/03. Plaintiffs shall make any such experts available for deposition by 5/15/03. Defendants shall disclose experts and provide expert reports by 6/15/03. Defendants shall make any such experts available for deposition by 7/25/03. Other ddl of 11/15/02 for plaintiffs to file a motion for class certification . Other2 ddl of 12/16/02 for defendants to respond to motion for class certification . All discovery including deposition of experts is to be completed by 7/25/03 . Case dispositive mtn filing ddl shall be 8/29/02 . The matter is scheduled for Final pretrial conference by personal appearance before the Honorable Michael P McCuskey at 1:15 12/22/03 . Jury selection and jury trial before the Honorable Michael P McCuskey is set for 8:30 1/12/04 . (Case No. 1) See written order. (cc: all counsel) (SP, ilcd) (Entered: 07/26/2002)

RECAP
48 July 29, 2002

MOTION by defendant J Ernest Tally for leave to file reply to plaintiffs' response to motion to dismiss instanter (SP, ilcd) (Entered: 07/29/2002)

RECAP
49 July 31, 2002

MOTION by plaintiff to cite additional authority (SP, ilcd) (Entered: 07/31/2002)

RECAP
July 31, 2002

Order

July 31, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying motion for leave to file reply to plaintiffs' response to motion to dismiss instanter [48-1] (cc: all counsel). (SP, ilcd)

Aug. 1, 2002

Order

Aug. 1, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to cite additional authority [49-1] (cc: all counsel). (SD, ilcd)

50 Aug. 2, 2002

RESPONSE by all plaintiffs to motion for leave to file reply to plaintiffs' response to motion to dismiss instanter [48-1] (SD, ilcd) Modified on 08/02/2002 (Entered: 08/02/2002)

RECAP
51 Aug. 9, 2002

NOTICE of service re discovery by defendant Associated Personnel (SLJ, ilcd) (Entered: 08/09/2002)

RECAP
52 Aug. 9, 2002

NOTICE of service re discovery by defendant Associated Personnel (SLJ, ilcd) (Entered: 08/09/2002)

RECAP
53 Aug. 9, 2002

NOTICE of service re discovery by defendant Associated Personnel (SLJ, ilcd) (Entered: 08/09/2002)

RECAP
54 Aug. 19, 2002

CERTIFICATE OF SERVICE by defendant Rent-A-Center Inc re: discovery (SD, ilcd) (Entered: 08/19/2002)

RECAP
55 Oct. 9, 2002

PROTECTIVE ORDER by Mag. Judge David G. Bernthal. See written order. (cc: all counsel) (MT, ilcd) (Entered: 10/09/2002)

RECAP
56 Oct. 11, 2002

MOTION by plaintiffs to cite additional authority in response to motions to dismiss (SP, ilcd) (Entered: 10/11/2002)

RECAP
57 Oct. 15, 2002

RESPONSE by defendant Rent-A-Center Inc to motion to cite additional authority in response to motions to dismiss [56-1] (SD, ilcd) (Entered: 10/15/2002)

RECAP
58 Oct. 16, 2002

MOTION by defendant Rent-A-Center Inc to compel discovery responses and for costs (MT, ilcd) (Entered: 10/16/2002)

RECAP
Oct. 16, 2002

Order

Oct. 16, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to cite additional authority in response to motions to dismiss [56-1] (cc: all counsel). (MT, ilcd)

Oct. 17, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to allow plaintiffs until 7/16/02 to respond to defendant Tally's motion to dismiss and to defendant Associated's motion to dismiss [42-1] (cc: all counsel). (MT, ilcd)

Oct. 17, 2002

Order

Oct. 17, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for order to declare response moot [39-1]. (cc: all counsel). (MT, ilcd)

59 Oct. 21, 2002

MOTION by all plaintiffs to extend time until 11/4/02 to respond to Dft Rent-A-Center, Inc's Motion to Compel Discovery Responses and for Costs (SD, ilcd) (Entered: 10/21/2002)

RECAP
Oct. 21, 2002

Order

Oct. 21, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time until 11/4/02 to respond to Dft Rent-A-Center, Inc's Motion to Compel Discovery Responses and for Costs [59-1]. Pla response to motion to compel discovery responses and for costs [58-1] due by 11/4/02. (cc: all counsel) (SD, ilcd)

60 Oct. 31, 2002

MAGISTRATE'S RECOMMENDATION re: motion for leave to file second amended complaint [23-1] by Christopher M Karraker, Michael A Karraker, Steven L Karraker, motion to dismiss amended complaint [6-1] by Rent-A-Center Inc by Mag. Judge David G. Bernthal. It is the recommendation of the court that Plaintiff's Motion to Allow Filing Second Amended Complaint (#23) be DENIED, and that Dft RAC's Motion to Dismiss Amended Complaint (#6) be GRANTED. The Court also recommends declining to exercise jurisdiction over the remaining state law claims. Parties allowed 10 working days to file any obj to this recommendation. Magistrate Judge referral terminated. (cc: all counsel) (SLJ, ilcd) (Entered: 10/31/2002)

RECAP
61 Nov. 1, 2002

RESPONSE by all plaintiffs to motion to compel discovery responses and for costs [58-1] (SD, ilcd) (Entered: 11/01/2002)

RECAP
62 Nov. 8, 2002

MOTION by all plaintiffs for order to hold discovery/scheduling order in abeyance until ruling on plaintiffs objections on Magistrate Judge's Recommendation re: dismissal of the complaint (SD, ilcd) (Entered: 11/08/2002)

RECAP
Nov. 8, 2002

Order

Nov. 8, 2002

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for order to hold discovery/scheduling order in abeyance until ruling on plaintiffs objections on Magistrate Judge's Recommendation re: dismissal of the complaint [62-1] (cc: all counsel). (SD, ilcd)

63 Nov. 13, 2002

MOTION by defendant Rent-A-Center Inc to extend time to reply to plaintiffs' response to its Motion to Compel Discovery responses and for costs (SD, ilcd) (Entered: 11/13/2002)

RECAP
64 Nov. 14, 2002

MOTION by all plaintiffs to extend time until 11/22/02 to file objections to the Magistrate Judge's Report and Recommendation (SD, ilcd) Modified on 11/20/2002 (Entered: 11/14/2002)

RECAP
65 Nov. 14, 2002

MOTION by defendant Rent-A-Center Inc to extend time until 11/22/02 to file objections to Magistrate's Recommended Order and Decision (SD, ilcd) (Entered: 11/14/2002)

RECAP
Nov. 14, 2002

Order

Nov. 14, 2002

ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to extend time until 11/22/02 to file objections to the Magistrate Judge's Report and Recommendation [64-1]. Plaintiffs' objection to Mag's Recommendation due 11/22/02 (cc: all counsel). (SD, ilcd)

Nov. 15, 2002

Order

Nov. 15, 2002

ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to extend time until 11/22/02 to file objections to Magistrate's Recommended Order and Decision [65-1] . Objections to Mag's Recommendation due 11/22/02 (cc: all counsel). (SD, ilcd)

66 Nov. 20, 2002

RESPONSE by all plaintiffs to motion to extend time to reply to plaintiffs' response to its Motion to Compel Discovery responses and for costs [63-1] (SD, ilcd) (Entered: 11/20/2002)

RECAP
67 Nov. 22, 2002

OBJECTIONS by defendant Rent-A-Center Inc to magistrate's recommendation [60-1] (filed as Rent-A-Center, Inc's objections to recommendation to decline jurisdiction over plaintiff's state law claims) (SD, ilcd) Modified on 11/22/2002 (Entered: 11/22/2002)

RECAP
68 Nov. 22, 2002

OBJECTIONS by plaintiffs to magistrate's recommendation [60-1] (SLJ, ilcd) (Entered: 11/22/2002)

RECAP
Nov. 25, 2002

Minutes - Miscellaneous

Case Details

State / Territory:

Illinois

Case Type(s):

Equal Employment

Key Dates

Filing Date: Jan. 28, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three current and former employees of Rent-A-Center, Inc. who were not promoted after taking the required tests, including one for psychiatric assessment, on behalf of all past and present RAC employees in Illinois who took the tests.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Associated Personnel Technicians

Rent-A-Center Incorporated

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

State law

Other Dockets:

Central District of Illinois 2:02-cv-02026

U.S. Court of Appeals for the Seventh Circuit 04-02881

U.S. Court of Appeals for the Seventh Circuit 06-02617

U.S. Court of Appeals for the Seventh Circuit 08-02349

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Amount Defendant Pays: $160,328.85

Order Duration: 2005 - 2005

Issues

General/Misc.:

Record-keeping

Retaliation

Staff (number, training, qualifications, wages)

Testing

Test or device

Disability and Disability Rights:

Mental Illness, Unspecified

Mental impairment

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Medical Exam / Inquiry

Promotion

Testing

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation