Case: Briggs v. Aldi, Inc.

2:02-cv-02157 | U.S. District Court for the District of Kansas

Filed Date: April 10, 2002

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On April 10, 2002, an individual employee filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, against her employer, Aldi Inc., in the United States District Court for the District of Kansas. The plaintiff, represented by private counsel, alleged racial discrimination and the intentional infliction of emotional distress under state law and asked the court for $75,000. The plaintiff sought to amend her complaint so that she could act…

On April 10, 2002, an individual employee filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, against her employer, Aldi Inc., in the United States District Court for the District of Kansas. The plaintiff, represented by private counsel, alleged racial discrimination and the intentional infliction of emotional distress under state law and asked the court for $75,000. The plaintiff sought to amend her complaint so that she could act on behalf of a class of similarly situated individuals.

On August 25, 2002, the court (Judge John W. Lungstrum) granted the defendant's motion to dismiss the claim for the intentional infliction of emotional distress. The court also denied the plaintiff's motion to amend the complaint regarding Title VII class claims but granted the plaintiff's motion in part regarding her remaining claims under 42 U.S.C. § 1981. Briggs v. Aldi, Inc., 218 F. Supp. 2d 1260 (D. Kan. 2002).

The case was voluntarily dismissed in December 2002, and each party was ordered to bear their own costs and expenses.

Summary Authors

Emily Kuznick (4/3/2008)

People


Judge(s)

Lungstrum, John Watson (Kansas)

Waxse, David J. (Kansas)

Attorneys(s) for Plaintiff

Long, Scott C. (Kansas)

Shunk, Michael W. (Kansas)

Attorneys(s) for Defendant

Alamuddin, Sari M. (Illinois)

Burghardt, Alyssa C. (Illinois)

Shaw, Seyfarth (Illinois)

Yates, John J. (Missouri)

Judge(s)

Lungstrum, John Watson (Kansas)

Waxse, David J. (Kansas)

Attorneys(s) for Plaintiff

Long, Scott C. (Kansas)

Shunk, Michael W. (Kansas)

Attorneys(s) for Defendant

Alamuddin, Sari M. (Illinois)

Burghardt, Alyssa C. (Illinois)

Shaw, Seyfarth (Illinois)

Yates, John J. (Missouri)

Documents in the Clearinghouse

Document

2:02-cv-02157

Docket

Briggs v. Aldi Inc.

Dec. 3, 2002

Dec. 3, 2002

Docket
28

2:02-cv-02157

Opinion

218 F.Supp.2d 1260

Aug. 26, 2002

Aug. 26, 2002

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Kansas City, Kansas; No summons(es) issued; jury demand (case referred to Magistrate Judge David J. Waxse) (BL) (Entered: 04/10/2002)

April 10, 2002

April 10, 2002

FILING FEE PAID on 4/10/02 in the amount of $150.00 Receipt #093460 (BL) (Entered: 04/10/2002)

April 10, 2002

April 10, 2002

2

MOTION for attorney Sari M. Alamuddin and Alyssa C. Burghardt to appear pro hac vice by defendant Aldi Inc (Kansas) referred to Magistrate Judge David J. Waxse (cc: Attorney Admissions) (YH) (Entered: 06/11/2002)

June 10, 2002

June 10, 2002

3

AFFIDAVIT of Sari M. Alamuddin re: motion for attorney Sari M. Alamuddin and Alyssa C. Burghardt to appear pro hac vice by defendant Aldi Inc (Kansas) referred to Magistrate Judge David J. Waxse (cc: Attorney Admissions) [2-1] (YH) (Entered: 06/11/2002)

June 10, 2002

June 10, 2002

4

AFFIDAVIT of Alyssa Burghardt re: motion for attorney Sari M. Alamuddin and Alyssa C. Burghardt to appear pro hac vice by defendant Aldi Inc (Kansas) referred to Magistrate Judge David J. Waxse (cc: Attorney Admissions) [2-1] (YH) (Entered: 06/11/2002)

June 10, 2002

June 10, 2002

5

MOTION to dismiss count III of plaintiff's complaint by defendant Aldi Inc (Kansas) referred to Judge John W. Lungstrum (YH) (Entered: 06/11/2002)

June 10, 2002

June 10, 2002

6

MEMORANDUM in support of motion to dismiss count III of plaintiff's complaint by defendant Aldi Inc (Kansas) referred to Judge John W. Lungstrum [5-1] (YH) (Entered: 06/11/2002)

June 10, 2002

June 10, 2002

7

ANSWER by defendant Aldi Inc (Kansas) to complaint [1-1] (YH) (Entered: 06/11/2002)

June 10, 2002

June 10, 2002

8

INITIAL ORDER REGARDING PLANNING AND SCHEDULING ENTERED: by Magistrate Judge David J. Waxse; scheduling conference set for 3:00 p.m. on 7/31/02, U.S. Magistrate Judge to initiate the call; Report of Parties Planning Meeting due by 7/24/02; (cc: all counsel) (TRS) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

9

MOTION for leave to file amended complaint by plaintiff referred to Judge John W. Lungstrum (KM) Modified on 07/24/2002 (Entered: 06/27/2002)

June 26, 2002

June 26, 2002

10

MEMORANDUM by plaintiff in support of motion for leave to file amended complaint by plaintiff referred to Magistrate Judge David J. Waxse [9-1] (KM) (Entered: 06/27/2002)

June 26, 2002

June 26, 2002

PRO HAC VICE FEE PAID re: motion for attorney Sari M. Alamuddin and Alyssa C. Burghardt to appear pro hac vice by defendant Aldi Inc (Kansas) referred to Magistrate Judge David J. Waxse (cc: Attorney Admissions) [2-1]; by attorney Sari Alamuddin, and Alyssa Burghar on 6/28/02 in the amount of $ 20.00 (Receipt # 094570) (TRS) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

11

ORDER ENTERED: by Magistrate Judge David J. Waxse; granting motion for attorney Sari M. Alamuddin and Alyssa C. Burghardt to appear pro hac vice by defendant Aldi Inc (Kansas); (cc: Attorney Admissions) [2-1] (cc: all counsel) (TRS) (Entered: 07/05/2002)

July 3, 2002

July 3, 2002

12

MEMORANDUM in opposition by plaintiff to motion to dismiss count III of plaintiff's complaint by defendant Inc (Kansas) referred to Judge John W. Lungstrum [5-1] (KM) (Entered: 07/05/2002)

July 3, 2002

July 3, 2002

13

MOTION to stay the Rule 26(f) conference and scheduling conference set for 07/31/02 pending resolution of their motion for disqualification by defendant; referred to Magistrate Judge David J. Waxse (MG) (Entered: 07/08/2002)

July 8, 2002

July 8, 2002

14

MEMORANDUM (SUGGESTIONS) in support of their motion to stay (defer) the Rule 26(f) conference and scheduling conference set for 07/31/02 pending resolution of their motion for disqualification by defendant; referred to Magistrate Judge David J. Waxse. [13-1] (MG) (Entered: 07/08/2002)

July 8, 2002

July 8, 2002

15

MOTION to disqualify attorney Scott C. Long and the law firm of McCormick Adam & Long as counsel for plaintiff by defendant; referred to Judge John W. Lungstrum (MG) (Entered: 07/08/2002)

July 8, 2002

July 8, 2002

17

MEMORANDUM in opposition by defendant to plaintiff's motion for leave to file an amended complaint; referred to Magistrate Judge David J. Waxse. [9-1] (MG) (Entered: 07/08/2002)

July 8, 2002

July 8, 2002

18

ORDER ENTERED: by Magistrate Judge David J. Waxse granting motion to stay the Rule 26(f) conference and scheduling conference set for 07/31/02 pending resolution of their motion for disqualification by defendant [13-1]; The deadline set forth in the Court's Initial Order Regarding Planning and Scheduling are suspended until further notice of the Court [8-2]; The telephone conference set for 7/31/02 is continued until further notice of the Court. (cc: all counsel) (CK) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

19

REPLY by defendant Aldi Inc (Kansas) to response to motion to dismiss count III of plaintiff's complaint by defendant Aldi Inc (Kansas); referred to Judge John W. Lungstrum [5-1] (TRS) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

20

MOTION to extend time for 5 days in which to respond to motion to disqualify Scott C. Long by plaintiff Veronica Briggs; referred to Judge John W. Lungstrum , to extend time for 5 days to respond to opposition to motion to leave to file first amended complaint by plaintiff Veronica Briggs; referred to Magistrate Judge David J. Waxse (TRS) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

21

MEMORANDUM by plaintiff Veronica Briggs in support of motion to extend time for 5 days in which to respond to motion to disqualify Scott C. Long by plaintiff Veronica Briggs; referred to Judge John W. Lungstrum [20-1], motion to extend time for 5 days to respond to opposition to motion to leave to file first amended complaint by plaintiff Veronica Briggs; referred to Magistrate Judge David J. Waxse [20-2] (TRS) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

22

MINUTE ORDER ENTERED by Clerk; granted motion to extend time for 5 days in which to respond to motion to disqualify Scott C. Long by plaintiff Veronica Briggs [20-1]; granted motion to extend time for 5 days to respond to opposition to motion to leave to file first amended complaint by plaintiff Veronica Briggs [20-2]; Plaintiff shall have until 7/26/02 to file her responses; (cc: all counsel) (TRS) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

23

MINUTE ORDER ENTERED by Clerk; referred to Judge John W. Lungstrum, the motion for leave to file amended complaint by plaintiff [9-1] (cc: all counsel) (TRS) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

24

ORDER ENTERED: by Magistrate Judge David J. Waxse granting motion to extend time until 7/26/02 to respond to opposition to motion to leave to file first amended complaint by plaintiff Veronica Briggs [20-2]; (cc: all counsel) (TRS) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

25

REPLY by plaintiff Veronica Briggs to suggestions in opposition to motion for leave to first file amended complaint by plaintiff; referred to Judge John W. Lungstrum [9- 1] (TRS) (Entered: 07/29/2002)

July 26, 2002

July 26, 2002

27

REPLY by defendant Aldi Inc (Kansas) to response to motion to disqualify attorney Scott C. Long and the law firm of McCormick Adam & Long as counsel for plaintiff by defendant; referred to Judge John W. Lungstrum [15-1] (TRS) (Entered: 08/12/2002)

Aug. 9, 2002

Aug. 9, 2002

28

MEMORANDUM AND ORDER: by Judge John W. Lungstrum; granting motion to dismiss count III of plaintiff's complaint by defendant Aldi Inc (Kansas) [5-1]; granted in part and denied in part motion for leave to file amended complaint by plaintiff [9- 1]i, the motion is granted to the extenet plaintiff seeks to include class allegations and is denied to the extent plaitniff seeks to include class allegations and to the extent plaintiff seeks to reassert a claim for intentional infliction of emotional distress. Plaintiff to file ame3nded complaint on or before 9/6/02; denied motion to disqualify attorney Scott C. Long and the law firm of McCormick Adam & Long as counsel for plaintiff by defendant [15-1]; 17 pages (cc: all counsel) (TRS) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

29

AMENDED COMPLAINT re: complaint [1-1] with trial location of Kansas City, KS by plaintiff Veronica Briggs; jury demand (TRS) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

30

MOTION to dismiss count 1 and all class action allegations from first amended complaint by defendant Aldi Inc (Kansas); referred to Judge John W. Lungstrum (TRS) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

31

MEMORANDUM by defendant Aldi Inc (Kansas) in support of motion to dismiss count 1 and all class action allegations from first amended complaint by defendant Aldi Inc (Kansas); referred to Judge John W. Lungstrum [30-1] (TRS) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

32

ANSWER by defendant Aldi Inc (Kansas) to amended complaint [29-1] (TRS) (Entered: 09/26/2002)

Sept. 26, 2002

Sept. 26, 2002

33

REVISED ORDER REGARDING PLANNING AND SCHEDULING ENTERED: by Magistrate Judge David J. Waxse; scheduling conference set for 11:00 a.m. on 11/14/02, Report of Parties' Planning Meeting due by 11/7/02; (cc: all counsel) (TRS) (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

34

MOTION to extend time to respond to defendants' motion to dismiss count 1 and all class action allegations from plaintiff's first amended complaint by plaintiff Veronica Briggs; referred to Magistrate Judge John W. Lungstrum (TRS) Modified on 10/21/2002 (Entered: 10/21/2002)

Oct. 18, 2002

Oct. 18, 2002

35

MEMORANDUM by plaintiff Veronica Briggs in support of motion to extend time to respond to defendants' motion to dismiss count 1 and all class action allegations from plaintiff's first amended complaint by plaintiff Veronica Briggs; referred to Magistrate Judge David J. Waxse [34-1] (TRS) (Entered: 10/21/2002)

Oct. 18, 2002

Oct. 18, 2002

36

ORDER ENTERED: by Judge John W. Lungstrum; granting motion to extend time until 10/25/02 to respond to defendants' motion to dismiss count 1 and all class action allegations from plaintiff's first amended complaint by plaintiff Veronica Briggs [34- 1]; (cc: all counsel) (TRS) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

37

MEMORANDUM in opposition by plaintiff to defendant's motion to dismiss count 1 and all class action allegations from plaintiff's first amended complaint; referred to Judge John W. Lungstrum. [30-1] (MG) (Entered: 10/25/2002)

Oct. 25, 2002

Oct. 25, 2002

38

MOTION for leave of the Court to voluntarily dismiss class action claims by plaintiff; referred to Judge John W. Lungstrum (MG) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

39

MEMORANDUM in support of her motion for leave of the Court to voluntarily dismiss class action claims by plaintiff; referred to Judge John W. Lungstrum. [38-1] (MG) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

40

STIPULATION (NOTICE) OF DISMISSAL OF CASE pursuant to Rule 41 (TRS) (Entered: 11/29/2002)

Nov. 27, 2002

Nov. 27, 2002

41

ORDER OF DISMISSAL ENTERED: by Judge John W. Lungstrum; Plaintiff's claims against Aldi, Inc. as set forth in this Petition is dismissed with prejudice, each party shall bear their own costs and expenses; Order of Dismissal [40-1] (cc: all counsel) (TRS) (Entered: 12/04/2002)

Dec. 3, 2002

Dec. 3, 2002

Case Details

State / Territory: Kansas

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: April 10, 2002

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An employee of Aldi, Inc.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Aldi Inc. (Kansas), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Race, unspecified

Affected Gender:

Female

Male