Case: Ellis v. Costco

3:04-cv-03341 | U.S. District Court for the Northern District of California

Filed Date: Aug. 17, 2004

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On August 17, 2004, a female employee filed this suit against Costco in United States District Court in the Northern District of California under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, and the Fair Employment and Housing Act, California Government Code 12940. The plaintiff, represented by private counsel, sought declaratory and injunctive relief, as well as damages, alleging that Costco discriminated against her and other similarly situated females. Specifically, the plai…

On August 17, 2004, a female employee filed this suit against Costco in United States District Court in the Northern District of California under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, and the Fair Employment and Housing Act, California Government Code 12940. The plaintiff, represented by private counsel, sought declaratory and injunctive relief, as well as damages, alleging that Costco discriminated against her and other similarly situated females. Specifically, the plaintiff contended that Costco's management discriminated against her based on her sex when granting promotions and that the defendant retaliated against her after she complained.

The original plaintiff filed the suit by herself, but was soon allowed to add two more plaintiffs as the case progressed. These named plaintiffs, on behalf of themselves and others similarly situated, charged that Costco's managerial promotion methods had a pattern and practice of gender discrimination, and disparate impact on women. Because the defendant's failed to notify employees of specific promotion opportunities through job postings, or any other alternative means, female employees were unable to apply for promotions. This practice, in combination with a promotion decision-making process that was arbitrary and done by a nearly all-male managerial force, led the plaintiffs to file suit.

On January 11, 2007, the District Court (Judge Patel) granted class certification. The District Court certified a class of all current and former female Costco employees nationwide who have been denied promotion to General Manager or Assistant General Manager positions or denied promotion to Senior Staff positions since January 3, 2002. The Court did not certify the plaintiffs claims over FEHA, only those made under Title VII. With the certification, the Court granted an opt out opportunity to be provided in the class notice. The Court granted the class certification for the claims of damages and injunctive relief. 240 F.R.D. 644.

The defendants appealed the District Court's decision, arguing that the District Court abused its discretion in certifying the class. The Ninth Circuit Court of Appeals heard the appeal after the Supreme Court gave its decision in Dukes v. Walmart (a class action case with a similar fact pattern) and issued an order on September 16, 2011. The court held that one plaintiff had standing to bring the suit and was adequate representation but the two other plaintiff representatives may be inadequate representation because they were former employees. The Circuit Court also held that the District Court used the wrong legal theory in determining that the class met the commonality and typicality requirements for class certification. The case was remanded for the District Court to determine if the two plaintiffs could be adequate representation and to apply the correct standard in determining if the class met the commonality and typicality requirement. 657 F.3d 970.

The plaintiffs filed their third amended complaint on March 23, 2012, altering their prayer for relief. In an attempt to alleviate the Ninth Circuit's concerns, the plaintiffs requested certification with one plaintiff as the representative of the injunctive relief class and one plaintiff as the representative of the monetary relief class.

On September 25, 2012, Judge Chen, writing for the District Court, granted class certification once again. After reviewing the case on remand from the Seventh Circuit, the District Court still held that the plaintiffs provided significant evidence of company wide policies and gender disparity to satisfy the commonality and typicality requirements of class certification. 285 F.R.D. 492.

After hearings and negotiations, the parties reached a settlement, and Judge Chen approved the settlement on May 27, 2014. Per the settlement, the three representative plaintiffs were awarded a $10,000 service fee, $3,950,000 for attorneys' fees, $633,959.64 for costs, and $300,000 for future work in administering the settlement. The settlement outlined the procedure by which the class members could claim their award out of an 8 million dollar settlement fund, with the possibility of individual claims ranging from $25,000 to $250,000. The settlement also outlined programmatic relief the class would receive, including a posting process for promotions, training of staff on hiring and promoting, and the use of a psychologist to conduct routine job analyses and evaluate promotion processes. The settlement lasted for two years. This case is now closed.

Following the settlement, one named plaintiff proceeded on individual claims of disparate treatment and retaliation, citing some facts not previously mentioned in the class action complaint. On May 22, 2015 Judge Chen granted in part and denied in part the defendant's motion for summary judgment with regard to this claim. Judge Chen narrowed the claims that the plaintiff would bring to trial to "(1) the disparate treatment claim and (2) the retaliation claim, but only with respect to failures to promote that took place 300 days prior to the DFEH charge for retaliation specifically (and not disparate treatment)." 2015 WL 2453158.

The parties then proceeded to engage in trial preparation and settlement talks simultaneously. On July 24, 2015, proceedings were held before Judge Chen, noting that the parties had settled the matter. This settlement agreement is not available on the docket. On July 28, the final named plaintiff voluntarily dismissed her claims against the defendant. This case is now closed

Summary Authors

Matthew Aibel (5/4/2008)

Mackenzie Walz (12/3/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4612994/parties/ellis-v-costco-wholesale-corporation/


Judge(s)

Chen, Edward Milton (California)

Clifton, Richard R. (Hawaii)

Gould, Ronald Murray (Washington)

Patel, Marilyn Hall (California)

Smith, Norman Randy (Idaho)

Attorneys(s) for Plaintiff

Campins, Julia (California)

Dermody, Kelly M. (California)

Finberg, James M. (California)

Hazam, Lexi Joy (California)

Hutchinson, Daniel M. (California)

Judge(s)

Chen, Edward Milton (California)

Clifton, Richard R. (Hawaii)

Gould, Ronald Murray (Washington)

Patel, Marilyn Hall (California)

Smith, Norman Randy (Idaho)

Attorneys(s) for Plaintiff

Campins, Julia (California)

Dermody, Kelly M. (California)

Finberg, James M. (California)

Hazam, Lexi Joy (California)

Hutchinson, Daniel M. (California)

Kramer, Karin A. (California)

Larkin, Jocelyn Dion (California)

Lawrence, Elizabeth A. (California)

Lee, Bill Lann (California)

Nako, Lindsay Elizabeth (California)

Sekhon, Nirej S. (California)

Seligman, Brad (California)

Stemerman, Steven L. (California)

Attorneys(s) for Defendant

Kadue, David D. (California)

Kampf, William Owen (California)

Maatman, Gerald L Jr. (Illinois)

Ross, David Bennet (New York)

Wybenga, Thomas J. (Washington)

Documents in the Clearinghouse

Document

3:04-cv-03341

Docket [PACER]

Ellis v. Costco Wholesale Corporation

Oct. 15, 2012

Oct. 15, 2012

Docket
77

3:04-cv-03341

Order

Ellis v. Costco Wholesale Corporation

Dec. 22, 2004

Dec. 22, 2004

Order/Opinion
83-1

3:04-cv-03341

Second Amended Complaint

Ellis v. Costco Wholesale Corporation

March 23, 2005

March 23, 2005

Complaint
98

3:04-cv-03341

Order denying defendant's motion to move case to different court

Ellis v. Costco Wholesale Corporation

372 F.Supp.2d 530

May 31, 2005

May 31, 2005

Order/Opinion
484

3:04-cv-03341

Stipulation and (Proposed) Order Regarding Plaintiff's Motion to Strike Declaration Submitted by Costco

Ellis v. Costco Wholesale Corporation

2006 WL 3609643

Oct. 27, 2006

Oct. 27, 2006

Order/Opinion
494

3:04-cv-03341

Memorandum & Order

Ellis v. Costco Wholesale Corporation

240 F.R.D. 627

Jan. 10, 2007

Jan. 10, 2007

Order/Opinion

07-15838

Opinion [Ninth Circuit]

U. S. Court of Appeals for the Ninth Circuit

657 F.3d 970

Sept. 16, 2011

Sept. 16, 2011

Order/Opinion
537

3:04-cv-03341

Third Amended Complaint

Ellis v. Costo

March 23, 2012

March 23, 2012

Complaint
693

3:04-cv-03341

Order Granting Plaintiffs' Motion for Class Certification and Denying Defendant's Motion to Eliminate Class Claim

Ellis v. Costco Wholesale Corporation

285 F.R.D. 492

Sept. 25, 2012

Sept. 25, 2012

Order/Opinion
780

3:04-cv-03341

Order [Granting Motion for Preliminary Approval of Settlement]

Feb. 10, 2014

Feb. 10, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4612994/ellis-v-costco-wholesale-corporation/

Last updated June 2, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT; demand for jury trial against Costco Wholesale Corporation (Filing fee $ 150.00, receipt number 3363059.). Filed by Shirley "Rae" Ellis. (gba, COURT STAFF) (Filed on 8/17/2004) Additional attachment(s) added on 8/18/2004 (gba, COURT STAFF). (Additional attachment(s) added on 10/28/2015: # 1 Civil Cover Sheet) (slhS, COURT STAFF). (Entered: 08/17/2004)

1 Civil Cover Sheet

View on PACER

Aug. 17, 2004

Aug. 17, 2004

PACER
2

ADR SCHEDULING ORDER: Case Management Statement due by 12/13/2004. Case Management Conference set for 12/20/2004 04:00 PM. (Attachments: # 1 Standing Order)(gba, COURT STAFF) (Filed on 8/17/2004) (Entered: 08/17/2004)

1 Standing Order

View on PACER

Aug. 17, 2004

Aug. 17, 2004

PACER
3

WAIVER OF SERVICE Returned Executed filed by Shirley "Rae" Ellis. Service waived by Costco Wholesale Corporation waiver sent on 8/19/2004, answer due 10/18/2004. (Sekhon, Nirej) (Filed on 9/13/2004) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

PACER
4

AFFIDAVIT of Service for 1) Order setting intial case management conf., 2) Form for joint case management conference, 3) Notice of availability of Magis. Judge, 4) Stip. & proposed order selecting ADR, 5) Dispute resolution handbook, 6) ECF handoout served on David Kadue on 8/19/2004, filed by Shirley "Rae" Ellis. (Sekhon, Nirej) (Filed on 9/13/2004) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

PACER
5

Defendant Costco Wholesale Corporation's ANSWER to Complaint of Plaintiff by Costco Wholesale Corporation. (Kadue, David) (Filed on 10/15/2004) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
6

MOTION to Transfer Case Under 28 U.S.C. Section 1404(a) filed by Costco Wholesale Corporation. Motion Hearing set for 11/29/2004 02:00 PM. (Kadue, David) (Filed on 10/15/2004) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
7

6 Proposed Order Granting Defendant's Motion to Transfer Venue Under 28 U.S.C. Section 1404(a) filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/26/2004 (gba, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
8

*** FILED IN ERROR. PLEASE SEE DOCKET # 32 . *** Declaration of Amy C. Chang in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
9

*** FILED IN ERROR. PLEASE SEE DOCKET # 33 . *** Declaration of David D. Kadue in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
10

*** FILED IN ERROR. PLEASE SEE DOCKET # 34 . *** Declaration of Ron Vachris in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
11

*** FILED IN ERROR. PLEASE SEE DOCKET # 35 . *** Declaration of Evelyn Boyd in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
12

*** FILED IN ERROR. PLEASE SEE DOCKET # 36 . *** Declaration of Maria Buenrrostro in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
13

*** FILED IN ERROR. PLEASE SEE DOCKET # 37 . *** Declaration of Kirsten Deboer in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
14

*** FILED IN ERROR. PLEASE SEE DOCKET # 38 . *** Declaration of Donna Groghan in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
15

*** FILED IN ERROR. PLEASE SEE DOCKET # 39 . *** Declaration of Sarah Hopkins in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
16

*** FILED IN ERROR. PLEASE SEE DOCKET # 40 . *** Declaration of Roberta Jungles in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
17

*** FILED IN ERROR. PLEASE SEE DOCKET # 41 . *** Declaration of Lance Levandowski in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
18

*** FILED IN ERROR. PLEASE SEE DOCKET # 42 . *** Declaration of Samantha Nieto in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
19

*** FILED IN ERROR. PLEASE SEE DOCKET # 43 . *** Declaration of Linda Ouch in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
20

*** FILED IN ERROR. PLEASE SEE DOCKET # 44 . *** Declaration of Mike Pearce in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
21

*** FILED IN ERROR. PLEASE SEE DOCKET # 45 . *** Declaration of Ruth Ann Phillips in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
22

*** FILED IN ERROR. PLEASE SEE DOCKET # 46 . *** Declaration of Cheryl Prai in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
23

*** FILED IN ERROR. PLEASE SEE DOCKET # 47 . *** Declaration of Katy Price in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
24

*** FILED IN ERROR. PLEASE SEE DOCKET # 48 . *** Declaration of Yvonne Reyes in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
25

*** FILED IN ERROR. PLEASE SEE DOCKET # 49 . *** Declaration of Debbie Schneider in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
26

*** FILED IN ERROR. PLEASE SEE DOCKET # 50 . *** Declaration of Scott Tenbarge in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
27

*** FILED IN ERROR. PLEASE SEE DOCKET # 51 . *** Declaration of Tiffany Tollefson in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
28

*** FILED IN ERROR. PLEASE SEE DOCKET # 52 . *** Declaration of Jenny Thurman in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
29

*** FILED IN ERROR. PLEASE SEE DOCKET # 53 . *** Declaration of Tammy Walley in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
30

*** FILED IN ERROR. PLEASE SEE DOCKET # 54 . *** Declaration of Gaylon in Support of 6 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
31

*** FILED IN ERROR. PLEASE SEE DOCKET # 55 . *** EXHIBITS re 6 Judicial Statistics in Support of Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/15/2004) Modified on 10/19/2004 (br, COURT STAFF). (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
32

Declaration of Amy C. Chang in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #8 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
33

Declaration of David D. Kadue in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #9 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
34

Declaration of Ron Vachris in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #10 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
35

Declaration of Evelyn Boyd in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #11 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
36

Declaration of Maria Buenrrostro in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #12 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
37

Declaration of Kirsten Deboer in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #13 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
38

Declaration of Donna Groghan in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #14 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
39

Declaration of Sarah Hopkins in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #15 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
40

Declaration of Roberta Jungles in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #16 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
41

Declaration of Lance Levandowski in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #17 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
42

Declaration of Samantha Nieto in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #18 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
43

Declaration of Linda Ouch in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #19 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
44

Declaration of Mike Pearce in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #20 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
45

Declaration of Ruth Ann Phillips in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #21 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
46

Declaration of Cheryl Prai in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #22 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
47

Declaration of Katy Price in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #23 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
48

Declaration of Yvonne Reyes in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #24 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
49

Declaration of Debbie Schneider in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #25 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
50

Declaration of Scott Tenbarge in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #26 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
51

Declaration of Tiffany Tollefson in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #27 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
52

Declaration of Jenny Thurman in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #28 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
53

Declaration of Tammy Walley in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #29 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
54

Declaration of Gaylon Wamble in Support of 6 Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #30 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
55

EXHIBITS re 6 Judicial Statistics in Support of Defendant's Motion to Transfer Venue CORRECTION OF DOCKET #31 filed by Costco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 10/18/2004) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
56

DEMAND for Trial by Jury by Costco Wholesale Corporation. (Kadue, David) (Filed on 10/19/2004) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER
57

MOTION for Pro Hac Vice admission of attorney Gerald L. Maatman, Jr. filed by Costco Wholesale Corporation. (gba, COURT STAFF) (Filed on 10/25/2004) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

PACER
58

STIPULATION and Proposed Order Re Filing of First Amended Complaint and Briefing Schedule by Costco Wholesale Corporation. (Attachments: # 1)(Kadue, David) (Filed on 10/28/2004) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

PACER
59

Supplemental Memorandum re First Amended Complaint, in support of defendant's motion to transfer venue 6 filed by Costco Wholesale Corporation. (Attachments: # 1)(Kadue, David) (Filed on 11/1/2004) Modified on 11/2/2004 (gba, COURT STAFF). Modified on 11/2/2004 (gba, COURT STAFF). (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

PACER
60

Supplemental Declaration of David D. Kadue in Support of 59 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 59 ) (Kadue, David) (Filed on 11/1/2004) Modified on 11/2/2004 (gba, COURT STAFF). (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

PACER
61

Declaration of Fidel Cardoso in Support of 59 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 59 ) (Kadue, David) (Filed on 11/1/2004) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

PACER
62

Declaration of Nina Borgner in Support of 59 Defendant's Motion to Transfer Venue filed by Costco Wholesale Corporation. (Related document(s) 59 ) (Kadue, David) (Filed on 11/1/2004) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

PACER
63

STIPULATION AND ORDER re FILING OF FIRST AMENDED COMPLAINT AND BRIEFING SCHEDULE; Signed by Judge Marilyn Hall Patel on 10/29/2004. (awb, COURT-STAFF) (Filed on 11/2/2004) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

PACER
64

Answer to Amended Complaint by Costco Wholesale Corporation. (Kadue, David) (Filed on 11/4/2004) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

PACER
65

Memorandum in Opposition re 6 MOTION to Transfer Case Under 28 U.S.C. Section 1404(a) filed by Shirley "Rae" Ellis. (Attachments: # 1 Affidavit Declaration of Shirley "Rae" Ellis# 2 Affidavit Declaration of Brad Seligman# 3 Proposed Order)(Sekhon, Nirej) (Filed on 11/12/2004) (Entered: 11/12/2004)

1 Affidavit Declaration of Shirley "Rae" Ellis

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2 Affidavit Declaration of Brad Seligman

View on PACER

3 Proposed Order

View on PACER

Nov. 12, 2004

Nov. 12, 2004

PACER
66

Reply in Support of Defendant's Motion to Transfer Venue 6 filed byCostco Wholesale Corporation. (Kadue, David) (Filed on 11/18/2004) Modified on 11/19/2004 (gba, COURT STAFF). (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
67

STIPULATION and Proposed Order selecting Private ADR by Costco Wholesale Corporation (Kadue, David) (Filed on 12/1/2004) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

PACER
68

STIPULATION and [Proposed] Protective Order Re Production of Confidential Information by Costco Wholesale Corporation. (Kadue, David) (Filed on 12/1/2004) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

PACER
69

Minute Entry: Motion Hearing held on 11/29/2004 before Judge Marilyn Hall Patel (Date Filed: 12/1/2004) re 6 MOTION to Transfer Case filed by Costco Wholesale Corporation; Motion deemed submitted after further discussion; Court to issue order; Counsel given one week to file supplemental briefing, with responses due one week thereafter. (Court Reporter Catherine Luciano.) (awb, COURT-STAFF) (Date Filed: 12/1/2004) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

PACER
70

MEMORANDUM in Support re 6 MOTION to Transfer Case Under 28 U.S.C. Section 1404(a) (Post Hearing Supplemental Memorandum) filed byCostco Wholesale Corporation. (Related document(s) 6 ) (Kadue, David) (Filed on 12/6/2004) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
71

Declaration of Ed Blewett in Support of 70 Memorandum in Support of Defendant's Motion to Transfer Venue filed byCostco Wholesale Corporation. (Related document(s) 70 ) (Kadue, David) (Filed on 12/6/2004) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
72

Declaration of Dennis Zook in Support of 70 Memorandum in Support of Defendant's Motion to Transfer Venue filed byCostco Wholesale Corporation. (Related document(s) 70 ) (Kadue, David) (Filed on 12/6/2004) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
73

STIPULATION AND PROTECTIVE ORDER (as modified by court): Signed by Judge Marilyn Hall Patel on 12/7/2004. (awb, COURT-STAFF) (Filed on 12/8/2004) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

PACER
74

Memorandum in Opposition re 6 MOTION to Transfer Case Under 28 U.S.C. Section 1404(a) Post Hearing Supplemental Opposition filed byShirley "Rae" Ellis. (Seligman, Brad) (Filed on 12/13/2004) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
75

JOINT CASE MANAGEMENT STATEMENT filed by Costco Wholesale Corporation. (Kadue, David) (Filed on 12/13/2004) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
76

CLERK'S NOTICE: Case Management Conference reset for 2/14/2005 04:00 PM; A supplemental Case Management Statement due by 2/7/2005. (awb, COURT-STAFF) (Filed on 12/21/2004) (Entered: 12/21/2004)

Dec. 21, 2004

Dec. 21, 2004

PACER
77

ORDER by Judge Marilyn Hall Patel denying without prejudice to its renewal after further discovery on the scope and geographic distribution of the proposed class, defendant's 6 Motion to Transfer Case (sp, COURT STAFF) (Filed on 12/23/2004) Additional attachment(s) added on 12/23/2004 (sp, COURT STAFF). (Entered: 12/23/2004)

1 Proof of Service

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Dec. 23, 2004

Dec. 23, 2004

PACER
78

JOINT CASE MANAGEMENT STATEMENT Venue Discovery Plan filed by Shirley "Rae" Ellis. (Seligman, Brad) (Filed on 1/6/2005) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

PACER
79

ORDER by Judge Marilyn Hall Patel granting 57 defendant's Motion for attorney Gerald L Maatman Jr to appear Pro Hac Vice (awb, COURT-STAFF) (Filed on 1/28/2005) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

PACER
80

JOINT CASE MANAGEMENT STATEMENT Supplemental filed by Shirley "Rae" Ellis. (Seligman, Brad) (Filed on 2/7/2005) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

RECAP
81

Minute Entry: Further Case Management Conference held on 2/14/2005 before Judge Marilyn Hall Patel (Date Filed: 2/15/2005); Privilege logs to be completed by 3/1/2005; Depositions by plaintiffs set for 3/9/2005, 3/24/2005; Depositions of plaintiffs for the limited Venue issues allowed (and can be done telephonically or by video); Further supplemental briefing (simultaneous) to be filed by 4/18/2005; Supplemental responses to be filed by 5/2/2005; Further hearing on Venue set for 5/16/2005 at 2:00 pm; (Court Reporter Catherine Luciano.) (awb, COURT-STAFF) (Date Filed: 2/15/2005) (Entered: 02/15/2005)

Feb. 15, 2005

Feb. 15, 2005

PACER
82

TRANSCRIPT of Proceedings held on 2/14/05 before Judge Marilyn H. Patel. Court Reporter: Catherine Luciano. (gba, COURT STAFF) (Filed on 3/17/2005) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

PACER
83

AMENDED COMPLAINT Stipulation re Second Amended Complaint against Costco Wholesale Corporation. Filed byShirley "Rae" Ellis. (Attachments: # 1 Exhibit)(Seligman, Brad) (Filed on 3/23/2005) (Entered: 03/23/2005)

1 Exhibit

View on PACER

March 23, 2005

March 23, 2005

PACER
84

Defendant Costco Wholesale Corporation's ANSWER to Amended Complaint byCostco Wholesale Corporation. (Kadue, David) (Filed on 4/5/2005) (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

PACER
85

Further Supplemental Briefing re Defendant's Motion to Transfer Venue filed by Shirley "Rae" Ellis. Motion Hearing set for 5/16/2005 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Seligman, Brad) (Filed on 4/18/2005) Modified on 4/19/2005 (gba, COURT STAFF). (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

PACER
86

Declaration of Brad Seligman in Support of 85 Plaintiff's Further Supplemental Briefing re Defendant's Motion to Transfer Venue filed byShirley "Rae" Ellis. (Attachments: # 1 Exhibit Exhibits 1-7 Seligman Declaration)(Related document(s) 85 ) (Seligman, Brad) (Filed on 4/18/2005) Modified on 4/19/2005 (gba, COURT STAFF). (Entered: 04/18/2005)

1 Exhibit Exhibits 1-7 Seligman Declaration

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April 18, 2005

April 18, 2005

PACER
87

Declaration of Elaine Sasaki in Support of 85 Supplemental Briefing re Defendant's Motion to Transfer Venue filed byShirley "Rae" Ellis. (Attachments: # 1 Exhibit Exhibits 1-2 Sasaki Declaration)(Related document(s) 85 ) (Seligman, Brad) (Filed on 4/18/2005) Modified on 4/19/2005 (gba, COURT STAFF). (Entered: 04/18/2005)

1 Exhibit Exhibits 1-2 Sasaki Declaration

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April 18, 2005

April 18, 2005

PACER
88

Declaration of Richard Drogin in Support of 85 Supplemental Briefing re Defendant's Motion to Transfer Venue filed byShirley "Rae" Ellis. (Attachments: # 1 Appendix Appendix 1-4 Drogin Declaration)(Related document(s) 85 ) (Seligman, Brad) (Filed on 4/18/2005) Modified on 4/19/2005 (gba, COURT STAFF). (Entered: 04/18/2005)

1 Appendix Appendix 1-4 Drogin Declaration

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April 18, 2005

April 18, 2005

PACER
89

NOTICE of Post Discovery Memorandum in Support of Motion to Transfer Venue filed by Costco Wholesale Corporation. Motion Hearing set for 5/16/2005 02:30 PM in Courtroom 15, 18th Floor, San Francisco. (Kadue, David) (Filed on 4/18/2005) Modified on 4/19/2005 (gba, COURT STAFF). (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

PACER
90

Declaration of David D. Kadue in Support of 89 Defendant's Post-Discovery Memorandum filed byCostco Wholesale Corporation. (Kadue, David) (Filed on 4/18/2005) Modified on 4/19/2005 (gba, COURT STAFF). (Entered: 04/18/2005)

April 18, 2005

April 18, 2005

PACER
91

TRANSCRIPT of Proceedings held on 11/29/04 before Judge Marilyn H. Patel. Court Reporter: Catherine Luciano. (gba, COURT STAFF) (Filed on 4/22/2005) (Entered: 04/26/2005)

April 22, 2005

April 22, 2005

PACER
92

Supplemental Reply Memorandum re 6 Defendant's Motion to Transfer Venue filed byShirley "Rae" Ellis. (Seligman, Brad) (Filed on 5/2/2005) Modified on 5/3/2005 (gba, COURT STAFF). (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

PACER
93

Declaration of Brad Seligman in Support of 92 Reply Memorandum filed byShirley "Rae" Ellis. (Attachments: # 1 Exhibit Exhibits 8 and 9)(Related document(s) 92 ) (Seligman, Brad) (Filed on 5/2/2005) (Entered: 05/02/2005)

1 Exhibit Exhibits 8 and 9

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May 2, 2005

May 2, 2005

PACER
94

Declaration of Doug Schutt In Support of Motion to Transfer Venue 95 filed byCostco Wholesale Corporation. (Kadue, David) (Filed on 5/2/2005) Modified on 5/3/2005 (ewn, COURT STAFF). (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

PACER
95

Reply Memorandum Post-Discovery In Support of Motion to Transfer Venue 70 filed byCostco Wholesale Corporation. (Kadue, David) (Filed on 5/2/2005) Modified on 5/3/2005 (ewn, COURT STAFF). (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

PACER
96

Declaration of Dennis Zook in Support of 95 Reply Memorandum Post-Discovery In Support of Motion to Transfer Venue filed byCostco Wholesale Corporation. (Related document(s) 95 ) (Kadue, David) (Filed on 5/2/2005) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

PACER
97

STIPULATION AND ORDER re Filing of Second Amended Complaint;Signed by Judge Marilyn Hall Patel on 5/13/2005. (awb, COURT-STAFF) (Filed on 5/24/2005) (Entered: 05/24/2005)

May 24, 2005

May 24, 2005

PACER
98

MEMORANDUM AND ORDER denying defendant's motion to transfer action; Signed by Judge Marilyn Hall Patel on 5/31/2005. (awb, COURT-STAFF) (Filed on 5/31/2005) (Entered: 05/31/2005)

May 31, 2005

May 31, 2005

RECAP
99

STIPULATION re Case Management by Costco Wholesale Corporation. (Kadue, David) (Filed on 8/15/2005) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

PACER
100

STIPULATION AND ORDER: Status Conference continuued to 11/21/2005 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 8/16/2005. (awb, COURT-STAFF) (Filed on 8/17/2005) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Aug. 17, 2004

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The class consists of all current and former female Costco employees nationwide who have been denied promotion to GM or AGM or denied promotion to Senior Staff positions since January 3, 2002.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Impact Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Costco Wholesale Corporation (Issaquah), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 12,893,959.64

Order Duration: 2014 - 2016

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Promotion

Discrimination-basis:

Sex discrimination

Race:

Race, unspecified

Affected Gender:

Female