Case: Robinson v. Sears, Roebuck and Co.

4:98-cv-00739 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Nov. 4, 1998

Closed Date: Aug. 17, 2001

Clearinghouse coding complete

Case Summary

On November 4, 1998 plaintiffs, a group of eight black employees and one Asian employee of a Sears store in Little Rock, Arkansas, filed suit against Sears, Roebuck and Co. in the United States District Court for the Eastern District of Arkansas alleging that the defendant had unlawfully discriminated against them on the basis of race in violation of 42 U.S.C. § 1981, Title VII (42 U.S.C. § 2000e), and state law. The complaint stemmed from an allegation of unequal pay but included other relate…

On November 4, 1998 plaintiffs, a group of eight black employees and one Asian employee of a Sears store in Little Rock, Arkansas, filed suit against Sears, Roebuck and Co. in the United States District Court for the Eastern District of Arkansas alleging that the defendant had unlawfully discriminated against them on the basis of race in violation of 42 U.S.C. § 1981, Title VII (42 U.S.C. § 2000e), and state law. The complaint stemmed from an allegation of unequal pay but included other related allegations. Specifically the employees alleged disparate treatment and disparate impact in terms of pay, training, placement, transfer, and promotion. They sought a declaratory judgment, a permanent injunction, damages, and costs and fees.

On July 3, 2000 the district court (Judge Susan Webber Wright) denied the defendant's motion for summary judgment on the individual claims of each plaintiff and granted the plaintiffs' motion for class certification as modified by the court. The class was comprised of current and former non-white hourly employees of the Sears store in question from November 4, 1995 for the disparate treatment claims and from November 4, 1997 for the disparate impact claims.

The parties thereafter pursued settlement negotiations and on May 17, 2001 the court (Judge Wright) granted preliminary approval to their agreement. The settlement provided for injunctive relief and damages. The defendant agreed to hold a job fair for all class members, modify its hiring and promotion procedures, modify its evaluation and employee recordkeeping protocols, and monitor its compliance with the settlement and report to the court and class counsel. Class members were awarded a total of $1,142,000.00 and defendant agreed to pay attorney's fees of costs of $417,717.00. The case terminated on August 17, 2001 when the court (Judge Wright) granted final approval to the settlement agreement.

Summary Authors

Michael Perry (10/10/2010)

People


Judge(s)

Wright, Susan Webber (Arkansas)

Attorneys(s) for Plaintiff

Carter, Daniel R. (Arkansas)

Dickson, Holly Elizabeth (Arkansas)

Isaac, Holly E. (Arkansas)

James, Paul Joseph (Arkansas)

Attorneys(s) for Defendant

Alaka, Aida M. (Illinois)

Couch, David A. (Arkansas)

Davis, Peggy A. (Illinois)

Dickman, John M. (Illinois)

Dixon, Philip E. (Arkansas)

Judge(s)

Wright, Susan Webber (Arkansas)

Attorneys(s) for Plaintiff

Carter, Daniel R. (Arkansas)

Dickson, Holly Elizabeth (Arkansas)

Isaac, Holly E. (Arkansas)

James, Paul Joseph (Arkansas)

Attorneys(s) for Defendant

Alaka, Aida M. (Illinois)

Couch, David A. (Arkansas)

Davis, Peggy A. (Illinois)

Dickman, John M. (Illinois)

Dixon, Philip E. (Arkansas)

Gangemi, Columbus R. Jr. (Illinois)

Peterson, Gerald C. (Illinois)

Riggs, Steve L. (Arkansas)

Warman, Peter C. (Illinois)

Documents in the Clearinghouse

Document

4:98-cv-00739

Docket

Aug. 17, 2001

Aug. 17, 2001

Docket
160

4:98-cv-00739

Memorandum and Order (Granting plaintiffs' motion for class certification and denying defendant's motion for summary judgment)

July 3, 2000

July 3, 2000

Order/Opinion
166

4:98-cv-00739

First Amended Complaint - Class Action

July 14, 2000

July 14, 2000

Complaint
196

4:98-cv-00739

Order (Granting preliminary approval to the settlement agreement) (Settlement Agreement attached)

March 17, 2001

March 17, 2001

Order/Opinion
202

4:98-cv-00739

Order Approving Settlement Agreement

Aug. 17, 2001

Aug. 17, 2001

Order/Opinion

Docket

Last updated Aug. 29, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT−CLASS ACTION, $150.00 filing fee/receipt #81666; summons issued &returned to counsel (jap) (Entered: 11/05/1998)

Nov. 4, 1998

Nov. 4, 1998

2

RETURN OF SERVICE executed upon defendant Sears Roebuck &Co on 11/6/98 (vjt) (Entered: 11/10/1998)

Nov. 9, 1998

Nov. 9, 1998

3

MOTION by Columbus R. Gangemi, Jr. and John M. Dickman through local counsel, Dover &Dixon to appear pro hac vice for deft Sears (vjt) (Entered: 11/24/1998)

Nov. 24, 1998

Nov. 24, 1998

4

MOTION by defendant for extension of time to answer or otherwise respond to the complt and to extend time to respond to discovery (vjt) (Entered: 11/25/1998)

Nov. 24, 1998

Nov. 24, 1998

5

ORDER by Chief Judge Susan W. Wright granting motion by Columbus R. Gangemi, Jr. and John M. Dickman through local counsel, Dover &Dixon to appear pro hac vice for deft Sears [3−1] (cc: all counsel) EOD 12/2/98 (vjt) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

6

ORDER by Chief Judge Susan W. Wright granting deft's motion for extension of time until 12/30/98 to answer or otherwise respond to the complt [4−1]; granting deft's motion to extend time until 2/5/99 to respond to discovery requests [4−2]; the time in which pltf has to move for a determination under FRCP 23(c)(1) is hereby extended up to and including 5/5/99, unless extended by subsequent order (cc: all counsel) EOD 12/2/98 (vjt) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

7

ANSWER by defendant (vjt) (Entered: 12/30/1998)

Dec. 30, 1998

Dec. 30, 1998

8

DEMAND for jury trial by plaintiffs (vjt) (Entered: 01/06/1999)

Jan. 6, 1999

Jan. 6, 1999

9

SCHEDULING ORDER by Chief Judge Susan W. Wright; jury trial set for 9:30 11/1/99 in Little Rock; motions to amend pleadings due 8/20/99; motions in limine due 10 calendar days prior to trial; all other motions and discovery due 9/17/99; pretrial info sheet due 10/1/99 (cc: all counsel) (vjt) (Entered: 01/07/1999)

Jan. 6, 1999

Jan. 6, 1999

10

MOTION by pltfs for extension of time to move for class certification (vjt) (Entered: 04/26/1999)

April 26, 1999

April 26, 1999

11

STIPULATED PROTECTIVE ORDER by Chief Judge Susan W. Wright, upon stipulation of the parties, all personnel documents and affirmative action plans produced by any party in this action, unless otherwise ordered by the Court, shall be treated as confidential (cc: all counsel) EOD 4/27/99 (vjt) (Entered: 04/27/1999)

April 27, 1999

April 27, 1999

12

ORDER by Chief Judge Susan W. Wright granting pltfs' motion for extension of time until 6/30/99 to move for class certification [10−1] (cc: all counsel) EOD 4/27/99 (vjt) (Entered: 04/27/1999)

April 27, 1999

April 27, 1999

13

MOTION by counsel for deft Sears Roebuck &Co for attorney Peter C. Warman to appear pro hac vice (bsm) Modified on 05/17/1999 (Entered: 05/17/1999)

May 14, 1999

May 14, 1999

14

ORDER by Chief Judge Susan W. Wright granting motion for atty Peter C. Warman to appear pro hac vice for deft Sears [13−1] (cc: all counsel) (vjt) (Entered: 05/27/1999)

May 26, 1999

May 26, 1999

16

BRIEF by pltfs in support of motion for extension of time to move for class certification [15−1] (vjt) (Entered: 06/28/1999)

June 28, 1999

June 28, 1999

17

MOTION by pltfs to compel deft to answer pltfs' first set of interrogs and requests for production of documents (vjt) (Entered: 06/28/1999)

June 28, 1999

June 28, 1999

18

BRIEF by pltfs in support of motion to compel deft to answer pltfs' first set of interrogs and requests for production of documents [17−1] (vjt) (Entered: 06/28/1999)

June 28, 1999

June 28, 1999

19

OPPOSITION RESPONSE by deft to motion for extension of time to move for class certification [15−1] (vjt) (Entered: 07/12/1999)

July 12, 1999

July 12, 1999

20

OPPOSITION RESPONSE by deft to motion to compel [17−1] (vjt) (Entered: 07/19/1999)

July 16, 1999

July 16, 1999

21

REPLY by plaintiffs to deft's opposition to motion to compel [17−1] (bsm) (Entered: 08/09/1999)

Aug. 6, 1999

Aug. 6, 1999

22

ORDER by Chief Judge Susan W. Wright granting motion to compel [17−1], deft Sears is directed to provide complete responses to pltfs' discovry requests (with the exception of interrogatory Nos. 38, 53 &54; granting motion for extension of time until 10/18/99 to move for class certification [15−1]; Jury trial continued ; Court will issue an amended scheduling order setting a new trial date and a new completion of disovery and the filing of motions (cc: all counsel) (bsm) (Entered: 08/16/1999)

Aug. 13, 1999

Aug. 13, 1999

23

MOTION by plaintiffs for continuance (former empl) (Entered: 08/16/1999)

Aug. 16, 1999

Aug. 16, 1999

24

ORDER by Chief Judge Susan W. Wright that deft's motion for continuance is denied as moot since the trial has already been continued by Order filed 8/13/99 [23−1] (EOD 8/20/99) (cc: all counsel) (bsm) (Entered: 08/20/1999)

Aug. 20, 1999

Aug. 20, 1999

25

AMENDED SCHEDULING ORDER by Chief Judge Susan W. Wright; jury trial set for 9:30 a.m. on 6/26/00 in Little Rock, AR; discovery due 2/29/00; pretrial info sheet due 5/26/00; all other deadlines remain as previously scheduled (cc: all counsel) (bsm) (Entered: 09/03/1999)

Sept. 2, 1999

Sept. 2, 1999

26

MOTION by defendant for protective order and for clarification (bmt) (Entered: 09/07/1999)

Sept. 3, 1999

Sept. 3, 1999

27

MEMORANDUM by defendant in support of motion for protective order [26−1] and for clarification [26−2] (bmt) (Entered: 09/07/1999)

Sept. 3, 1999

Sept. 3, 1999

28

MOTION by defendant to extend time to provide supplemental discovery responses (bmt) (Entered: 09/07/1999)

Sept. 3, 1999

Sept. 3, 1999

29

MOTION by plaintiffs to extend time to respond to deft's motion for extension of time, motion for protective order and request for clarification (bsm) (Entered: 09/22/1999)

Sept. 22, 1999

Sept. 22, 1999

30

ORDER by Chief Judge Susan W. Wright granting pltfs' motion to extend time until 10/1/99 to respond to deft's motion for extension of time, motion for protective order and request for clarification [29−1] [28−1] [26−1] [26−2] (cc: all counsel) (vjt) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

31

RESPONSE by pltfs to deft's motion for extension of time to provide supplemental discovery responses [28−1] (vjt) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

32

RESPONSE with Exhibits by pltfs to deft's motion for protective order [26−1] and for clarification [26−2] (vjt) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

33

EXHIBIT 2 to pltfs' response to deft's motion for protective order and request for clarification [32−1] (FILED UNDER SEAL) (vjt) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

34

BRIEF by pltfs in support of response to deft's motion for protective order and clarification [32−1] (vjt) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

36

NOTICE OF HEARING by Chief Judge Susan W. Wright granting deft's request for a hearing to present oral argument in this matter; a hearing is scheduled on pending motions, including deft's motion for protective order [26−1] and for clarification [26−2], and any other matters the Court deems appropriate for 9:30 11/30/99 in Little Rock; any documents to be examined by the Court shall be submitted no later than noon on Friday, 11/19/99, along with names of any witnessess to be called (cc: all counsel) (vjt) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

37

MOTION by deft to dismiss putative across−the−board class claims (vjt) (Entered: 11/12/1999)

Nov. 10, 1999

Nov. 10, 1999

38

MEMORANDUM by deft in support of motion to dismiss putative across−the−board class claims [37−1] (vjt) (Entered: 11/12/1999)

Nov. 10, 1999

Nov. 10, 1999

39

DECLARATION by Kim Murphy in support of deft's motion to dismiss putative across−the−board class claims [37−1] (FILED UNDER SEAL) (vjt) (Entered: 11/12/1999)

Nov. 10, 1999

Nov. 10, 1999

40

MOTION by Gerald C. Peterson to appear pro hac vice for deft (vjt) (Entered: 11/18/1999)

Nov. 17, 1999

Nov. 17, 1999

41

MOTION by pltfs for extension of time to respond to deft's motion to dismiss class claims (vjt) (Entered: 11/22/1999)

Nov. 19, 1999

Nov. 19, 1999

42

ORDER by Chief Judge Susan W. Wright granting motion by Gerald C. Peterson to appear pro hac vice for deft [40−1] (cc: all counsel) (vjt) (Entered: 11/22/1999)

Nov. 19, 1999

Nov. 19, 1999

43

ORDER by Chief Judge Susan W. Wright granting pltfs' motion for extension of time until 11/26/99 to respond to deft's motion to dismiss class claims [41−1] [37−1] (cc: all counsel) (vjt) (Entered: 11/22/1999)

Nov. 22, 1999

Nov. 22, 1999

44

OPPOSITION RESPONSE by deft to pltfs' motion for extension of time to file brief in response to motion to dismiss (vjt) (Entered: 11/23/1999)

Nov. 22, 1999

Nov. 22, 1999

45

RESPONSE by pltfs to deft's motion to dismiss class claims [37−1] (vjt) (Entered: 11/29/1999)

Nov. 26, 1999

Nov. 26, 1999

46

BRIEF by pltfs in support of response to deft's motion to dismiss class claims [45−1] (vjt) (Entered: 11/29/1999)

Nov. 26, 1999

Nov. 26, 1999

47

CLERK'S MINUTES: HEARING before Chief Judge Susan W Wright at defendant's request to take up pending motions; oral argument by deft and response by pltfs; Court will conduct phone conference each week until discovery is completed to begin in two weeks, and decision will be made on discovery issues (Lois Lambert, court reporter) (sjc) (Entered: 11/30/1999)

Nov. 30, 1999

Nov. 30, 1999

48

ORDER by Chief Judge Susan W. Wright denying in large part Sears' motion for protective order [26−1] and request for clarification [26−2]; granting Sears' motion to extend time until 20 days from the date of entry of this Order, to provide supplemental discovery responses [28−1]; denying w/o prej Sears' motion to dismiss putative across−the−board class claims [37−1]; Sears is directed to fully and in good faith comply with the requirements set forth in the Court's August 13th Order (doc.#22) as herein limited, w/in 20 days of the date of entry of this Order; pltfs have until 3/14/00 in which to file a motion for class certification (cc: all counsel) (vjt) (Entered: 12/06/1999)

Dec. 3, 1999

Dec. 3, 1999

49

CLERK'S MINUTES: PHONE CONFERENCE before Chief Judge Susan W Wright re: discovery problems; deft will produce electronic evidence by 1/7/00 at 5:00 p.m.; pltfs are to submit affidavits to the Court and deft that data turned over is to be used only for court purposes and pltfs' counsel is to control access to data by pltfs; deft is to identify officers; phone conference to be next week (Lois Lambert, court reporter) (sjc) (Entered: 12/14/1999)

Dec. 14, 1999

Dec. 14, 1999

50

ORDER by Chief Judge Susan W. Wright in accordance with the telephone conference on 12/14/99, deft is directed to produce to pltf's counsel the electronice evidence the Court has ordered the deft to produce and pltfs' expert and deft's technical staff my communmicate in the exchange of information w/out waiving any privileges that exist; pltfs must obtain the unredacted portion of the DOL report from the DOL pursuant to a Freedom of Infomation Act request; pltfs must submit an afdt before pltfs will have access to personnel data produced in discovery by deft; counsel for pltfs must allow pltfs access to such personnel data and deft is ordered to fully answer Interrogatory No. 4 within the applicable deadline cc: all counsel) (bsm) (Entered: 12/16/1999)

Dec. 15, 1999

Dec. 15, 1999

51

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W Wright; matter of affidavit of pltfs regarding confidentiality discussed, and Court will require language that pltfs are not to talk to anyone about information, including family members and that information is to be used only for this lawsuit; Court will issue order to this effect and that supplemental responses to discovery will be due 1/7/00, and phone conference will be next week; pltfs are to advise Court after 1/7/00 when export will be ready and and he will be available for deposition (Lois Lambert, court reporter) (sjc) (Entered: 12/21/1999)

Dec. 21, 1999

Dec. 21, 1999

52

ORDER by Chief Judge Susan W. Wright purs to the telephone conference on 12/21/99, it is hereby ordered as follows: (1) The following sentence shall be included in the Affidavit of Confidentiality that any pltf must submit before that pltf will have access to personnel data produced in discovery by deft: "I will not discuss, talk about, disclose, or share any such personnel information with anyone other than my attys, the other named pltfs, or any expert retained by my attys in this lawsuit." (2) any supplemental responses to discovery requests due Friday, 1/7/99 @ 5:00 p.m. (CDT). (3) the telephone conference scheduled for 12/28/99 @ 12:45 p.m. remains as scheduled; (4) after 1/7/99, counsel for pltf shall present to the Court a schedule in which they propose to have an expert report ready for purposes of class certification and when such expert will be made available for deposition; after deft has had an opportunity to review the info contained in said expert's report and/or deposition, deft will be required to name, on or before a date to later to be determined, any expert it intends to call in this matter (cc: all counsel) (vjt) (Entered: 12/28/1999)

Dec. 27, 1999

Dec. 27, 1999

53

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W Wright; pltfs' counsel states that she has reviewed discovery and deft objects to Interrogatory #79; after response, the Court rules that pltfs have a right to the information requested and directs Sears to respond (Lois Lambert, court reporter) (sjc) (Entered: 12/28/1999)

Dec. 28, 1999

Dec. 28, 1999

54

ORDER by Chief Judge Susan W. Wright purs to the telephone conference held on 12/28/99, it is hereby ordered as follows: the deft is ordered to answer Interrogatory No. 79 insofar as it relates to what employees of the University Store are paid; the Court takes an expansive view of this interrogatory and anticipates that many factors relate to and affect what employees of the University Store are paid, including, for example, inventory, advertising, etc. (cc: all counsel) (vjt) (Entered: 12/29/1999)

Dec. 28, 1999

Dec. 28, 1999

55

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W Wright; pltfs' counsel states there is a dispute with respect to Interrogatory #80; after discussion, the Court directs Sears to provide pltfs with any manual or policy that deft refers to in handling claims, complaints, charges of discrimination; deft is allowed until 1/14/00 to provide information to pltfs (Lois Lambert, court reporter) (sjc) (Entered: 01/04/2000)

Jan. 4, 2000

Jan. 4, 2000

56

ORDER by Chief Judge Susan W. Wright in accordance with the telephone conference on 1/4/00, it is hereby ordered as follows: as requested by Interrogatory No. 80, deft is ordered to provide pltfs with copies of all policies, procedures, and manuals used or referred to by Sears in investigating allegations, complts, claims, or charges of discrimination; deft is to provide the requested info on or before 1/14/00 (cc: all counsel) (vjt) (Entered: 01/05/2000)

Jan. 4, 2000

Jan. 4, 2000

57

CLERK'S MINUTES: weekly telephone conference from chambers. Lois Lambert reporter. Written order to follow. (mar) (Entered: 01/11/2000)

Jan. 11, 2000

Jan. 11, 2000

58

ORDER by Chief Judge Susan W. Wright telephone conference is scheduled for 1/19/00 at 12:45 p.m. ; Court will take up at the telephone conference the question of which departments at the University Store have hourly and/or commissioned employees and whether pltfs have been provided such information; on or before 10:00 a.m. on 1/19/00 deft is ordered to provide pltf with the identity of the custodian(s) of HR Decisions Support Reports 2592−2695 and 4319−4360; Court's Order of 8/13/99 remains in full force and effect, including that portion of the Order addressing Interrogatory No. 38 however, the Court requires that Sears disclosed any information regarding additional charging parties as requested by Interrogatory No. 38 should Sears at any time become aware of any such information; in accordance with Interrogatory No. 80, this Court ordered the deft to provide pltfs with copies of all policies, procedures, and manuals used or referred to by Sears in investigating allegations, complts, claims, or charges of discrimination; deft was oredered to provide the requested information on or before 1/14/00, although deft stated that it has not yet provided the requested information, the Court continues to expect that said information will be provided on or before Friday, 1/14/00 (cc: all counsel) (former empl) (Entered: 01/13/2000)

Jan. 11, 2000

Jan. 11, 2000

59

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W Wright; the Court has received pltfs' proposed schedule re: class action, and deft will submit counter proposal prior to next week's conference at 12:30 p.m. on Tuesday; discovery issues still concern Interrogatory #80 and #79, and Court will issue an order on this that #80 information is to be provided by 1/20 and #79 information within 7 days from today (Lois Lambert, court reporter) (sjc) (Entered: 01/19/2000)

Jan. 19, 2000

Jan. 19, 2000

60

ORDER by Chief Judge Susan W. Wright, in accordance with the telephone conference held on the afternoon of 1/19/00, it is hereby ordered as follows: 1. As requested by Interrogatory No. 80, the deft is ordered to provide pltfs with copies of all policies, procedures, and manuals used or referred to by Sears in investigating allegations, complts, claims, or charges of discrimination; the info requested by Interrogatory No. 80 and as set forth in this order must be placed in the mail to pltfs' counsel on or before Thursday, 1/20/00; 2. the deft was previously ordered to answer Interrogatory No. 79 insofar as it relates to what employees of the University Store are paid; the Court will allow Sears an additional period of time to gather the relevant info; accordingly, Sears is hereby ordered to provide to pltfs' counsel the info relevant to Interrogatory No. 79 and as ordered by this Court on or before Wednesday, 1/26/00 (cc: all counsel) (vjt) (Entered: 01/20/2000)

Jan. 19, 2000

Jan. 19, 2000

61

TRANSCRIPT (Volume I) of Motions Hearing before the Honorable Susan Webber Wright on 11/30/99 (vjt) (Entered: 01/21/2000)

Jan. 21, 2000

Jan. 21, 2000

62

TRANSCRIPT (Volume I) of Telephone Conference before the Honorable Susan Webber Wright on 12/14/99 (vjt) (Entered: 01/21/2000)

Jan. 21, 2000

Jan. 21, 2000

63

MOTION by Peggy A. Davis for admission to appear pro hac vice for deft (vjt) (Entered: 01/24/2000)

Jan. 21, 2000

Jan. 21, 2000

64

CLERK'S MINUTES: HEARING before Chief Judge Susan W Wright; parties indicate there are no discovery issues to take up; Court reminds counsel that trial is scheduled for 6/26; after discussions concerning scheduling, the Court sets certain deadlines for counsel to follow; order will issue setting forth deadlines (Elaine Hinson, court reporter) (sjc) (Entered: 01/25/2000)

Jan. 25, 2000

Jan. 25, 2000

65

ORDER by Chief Judge Susan W. Wright granting motion by Peggy A. Davis for admission to appear pro hac vice for deft [63−1] (cc: all counsel) (vjt) (Entered: 01/26/2000)

Jan. 25, 2000

Jan. 25, 2000

66

AMENDED SCHEDULING ORDER by Chief Judge Susan W. Wright; jury trial set for 9:30 6/26/00 in Little Rock; report of pltfs' expert must be provided to deft 3/1/00; pltfs' motion for class certification due 3/10/00; deposition of pltfs' expert by deft must be conducted on or before 3/22/00; report of deft's expert must be provided to pltfs 3/24/00; response to pltfs' motion for class certification due 3/31/00; deposition of defts' expert by pltfs must be conducted on or before 4/3/00; pltfs' reply to deft's response to the motion for class certification due 4/10/00; motions in limine due 6/16/00; discovery and dispositive motions due 4/28/00; response to dispositive motions due 5/19/00; pretrial info sheet due 5/26/00; jury instr due 6/16/00; (cc: all counsel) (vjt) (Entered: 01/31/2000)

Jan. 27, 2000

Jan. 27, 2000

67

MOTION by pltfs to shorten time for deft to respond to discovery requests (vjt) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

69

AFFIDAVIT OF CONFIDENTIALITY of Janice Medley regarding Protective Order [11−1] (vjt) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

70

AFFIDAVIT OF CONFIDENTIALITY of Eurlene Robinson regarding Protective Order [11−1] (vjt) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

71

AFFIDAVIT OF CONFIDENTIALITY of David Fitzpatrick regarding Protective Order [11−1] (vjt) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

72

AFFIDAVIT OF CONFIDENTIALITY of Kahlil Watkins regarding Protective Order [11−1] (vjt) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

73

AFFIDAVIT OF CONFIDENTIALITY of Willie Toombs, Jr. regarding Protective Order [11−1] (vjt) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

74

AFFIDAVIT OF CONFIDENTIALITY of Rashad Atkinson regarding Protective Order [11−1] (vjt) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

75

AFFIDAVIT OF CONFIDENTIALITY of Carla Droughn regarding Protective Order [11−1] (vjt) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

76

AFFIDAVIT OF CONFIDENTIALITY of Kirestin Harris regarding Protective Order [11−1] (vjt) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

77

AFFIDAVIT OF CONFIDENTIALITY of Tamera Williams regarding Protective Order [11−1] (vjt) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

78

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W Wright; parties are directed to provide certain discovery information to opposing counsel prior to depositions; deft's request that rules be established for phone conferences is denied (Lois Lambert, court reporter) (sjc) (Entered: 02/01/2000)

Feb. 1, 2000

Feb. 1, 2000

79

ORDER by Chief Judge Susan W. Wright in accordance with the telephone conference on 2/1/00, it is hereby ordered as follows: pltfs' motion to shorten time [67−1] is granted in part and denied in part; Sears is directed to serve on pltfs, prior to depositions scheduled for February 9 &10, 2000, all info &documents responsive to pltfs' interrogs 86 &87 and corresponding Requests for Production of Documents that Sears currently possesses or obtains prior to depositions; directing Sears to serve on pltfs at this time its response to interrog 88, which requests the identity of the custodian of the REMIS report; pltfs are directed to serve deft, prior to depositions scheduled for February 9 &10, 2000, all info and documents responsive to deft's first set of discovery requests that pltfs currently possess or obtain prior to depositions; pltfs are directed to fully &completely respond to deft's additional discovery requests, which were served on pltfs on 1/24/00; the Court will not require that any party provide two−day written notice to the opposing party regarding any issue to be raised at the weekly conference (cc: all counsel) (vjt) (Entered: 02/04/2000)

Feb. 2, 2000

Feb. 2, 2000

80

MEMORANDUM by pltfs regarding contact with former employees of adverse corporate party (vjt) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

81

MEMORANDUM of points and authorities by deft regarding ex parte communications with former management employees (vjt) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

82

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W Wright; submissions have been received regarding contact by pltfs of former employees of deft; the Court advises as to improper ex parte communications by pltfs; the parties and the Court discuss problems with CD information provided to pltfs that is not complete and that defense counsel should contact Sears for information (Lois Lambert, court reporter) (sjc) (Entered: 02/08/2000)

Feb. 8, 2000

Feb. 8, 2000

83

ORDER by Chief Judge Susan W. Wright in accordance with the telephone conference held on 2/8/00, it is hereby ordered as follows: the Court will not prohibit pltfs' counsel from engaging in ex parte communications with any former managerial employee of deft if the purpose of such communication is to gather factual info relevant to this litigation; if however, pltfs' counsel seeks by way of any such communication to impute an act or omission of any former managerial employee to deft for purposes of liability in this litigation, or seeks to have any statement by a former managerial employee deemed an admission against deft, then pltfs' counsel should not engage in any ex parte communications with said former managerial employee; given the difficulty of pltfs' counsel in obtaining info concerning the addresses and telephone numbers of deft's former managers from the CD−ROM provided by deft to pltfs' counsel, deft is directed to take any appropriate steps to facilitate the delivery of such info to pltfs' counsel (cc: all counsel) (vjt) (Entered: 02/10/2000)

Feb. 9, 2000

Feb. 9, 2000

84

CLERK'S MINUTES: PHONE conference before Chief Judge Susan Webber Wright; due to incomplete data being provided by deft, the Court will allow an extension to 3/8/00 for pltfs' expert's report; pltfs are having problems interpreting data field codes and are directed to put examples in writing; deft is directed to provide information forthwith to help pltfs understand materials produced; deft's request for an additional 7 days for its expert is denied (Lois Lambert, court reporter) (sjc) (Entered: 02/15/2000)

Feb. 15, 2000

Feb. 15, 2000

85

ORDER by Chief Judge Susan W. Wright, the next teleconf is scheduled for 12:45 2/23/00 ; pltfs are given an extension of until 3/8/00 to provide their expert's report to deft; pltfs are directed to submit the report prior to that time if at all possible, however, the report of deft's expert must be provided to pltfs on or before 3/24/00; the Court directs that pltfs' counsel submit to deft a list setting forth examples of such codes and fields of data that she does not understand; upon receipt of such list, deft is directed to forthwith provide pltfs' counsel with useful and decipherable info that clears up any such confusion and/or to direct pltfs' counsel to the appropriate person or persons who will provide such useful and decipherable info in a deposition (cc: all counsel) (vjt) (Entered: 02/17/2000)

Feb. 16, 2000

Feb. 16, 2000

86

MOTION by pltfs to extend time to respond to contention interrogs (vjt) (Entered: 02/22/2000)

Feb. 18, 2000

Feb. 18, 2000

87

OPPOSITION RESPONSE by deft to pltfs' motion to extend time to respond to first and second combined interrogs and document requests [86−1] (vjt) (Entered: 02/22/2000)

Feb. 18, 2000

Feb. 18, 2000

88

MOTION by pltfs for continuance (vjt) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

89

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W Wright; pltfs' mot to continue trial is granted and parties are to work out a proposed schedule for class certification motion and the response; pltfs' motion to extend time to respond to contention interrogatories is granted; counsel are to advise Court of anticipated length of trial (Genie Power, court reporter) (sjc) (Entered: 02/23/2000)

Feb. 23, 2000

Feb. 23, 2000

90

RESPONSE by deft to motion for continuance [88−1] (vjt) (Entered: 02/23/2000)

Feb. 23, 2000

Feb. 23, 2000

91

ORDER by Chief Judge Susan W. Wright purs to the telephone conference on 2/23/00, it is hereby ordered as follows: the next telephone conference is set for 2/29/00 @ 12:45 p.m.; pltfs' motion for continuance [88−1] is granted; parties are directed to confer and submit to the Court for approval a new schedule for the filing of pltfs' motion for class certification and deft's response; granting pltfs' motion to extend time until 4/10/00 to respond to contention interrogs [86−1]; pltfs should state with more specificity the subject matter and facts of which that person has personal knowledge regarding any facts or circumstances which refer to or relate to the allegations in the complt; jury trial scheduled for 6/26/00 will be reset by separate order (cc: all counsel) (vjt) (Entered: 02/28/2000)

Feb. 25, 2000

Feb. 25, 2000

92

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W Wright; possible trial dates are discussed and 9/11 is agreed date; conference with counsel to be held week before trial to handle preliminary matters (Lois Lambert, court reporter) (sjc) Modified on 03/01/2000 (Entered: 02/29/2000)

Feb. 29, 2000

Feb. 29, 2000

93

AMENDED SCHEDULING ORDER by Chief Judge Susan W. Wright; jury trial is reset for 9:30 9/11/00 in Little Rock; pretrial info sheet due 8/11/00; all other deadlines remain in effect (cc: all counsel) (vjt) (Entered: 03/02/2000)

March 1, 2000

March 1, 2000

95

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W. Wright; the Court and counsel discuss scheduling deadlines; a scheduling order will issue (Lois Lambert, court reporter) (sjc) (Entered: 03/14/2000)

March 14, 2000

March 14, 2000

96

ORDER by Chief Judge Susan W. Wright in accordance with the telephone conference on 3/14/00, the next telephone conference is scheduled for 12:45 p.m. on Wednesday, March 22, 2000; the following deadlines are to be adhered to by the parties; 3/31/00 − exchange of preliminary witness lists; 4/10/00 − pltfs' response to contention interrogs; 4/17/00 − report by pltfs' expert due, list of any additional witnesses deft might call regarding responses to contention interrogs, and pltfs' deadline to ask to supplement witness list; 4/28/00 − discovery deadline; 5/1/00 − motion for class certification due; May 1st − May 5th − deposition of pltfs' expert; 5/15/00 − report by deft's expert due; May 31st to June 7th − deposition of deft's expert; 6/1/00 − deft's response to motion for class certification; 6/15/00 − reply by pltfs to response; 7/14/00 − dispositive motion due; 7/28/00 − response due; 8/18/00 − pretrial info sheets due; 8/25/00 − motions in limine due; 9/1/00 − responses to motion in limine, proposed jury instr and voir dire questions, stipulation of agreed facts due; 9/5/00 − final witness and exhibit lists due; 9/8/00 − pretrial conference @ 9:30 a.m. (cc: all counsel) (vjt) (Entered: 03/16/2000)

March 15, 2000

March 15, 2000

97

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W. Wright; counsel have no questions concerning order entered on March 15th and have nothing to bring up in this conference; the next phone conference is scheduled for April 3rd at 12:45 p.m. (Lois Lambert, court reporter) (sjc) (Entered: 03/22/2000)

March 22, 2000

March 22, 2000

98

FIRST SET OF REQUESTS for Admissions by pltfs to deft (vjt) (Entered: 03/28/2000)

March 27, 2000

March 27, 2000

99

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W. Wright; pltfs' counsel state concerns about the current discovery deadlines in light of the witness lists exchanged; the Court will not move anything at this time, and parties should try to work this out and, if unable to do so, they should bring it up next week (Carolyn Fant, court reporter) (sjc) (Entered: 04/03/2000)

April 3, 2000

April 3, 2000

100

REQUEST by plaintiffs for admissions (former empl) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

101

MOTION by pltfs regarding discovery cut−off and witness identification (vjt) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

102

CLERK'S MINUTES: PHONE conference before Chief Judge Susan W. Wright. After discussions regarding pltfs' mot regarding discovery cut−off and witness identification, the Court directs both sides to identify where possible knowledge of each witness to class issues. With respect to pltfs' mot to enjoin deft from ex parte communication with putative class members, deft is temporarily enjoined pending response to motion. The next conference will be April 19th at 12:45 p.m. (Lois Lambert, court reporter) (sjc) (Entered: 04/10/2000)

April 10, 2000

April 10, 2000

103

MOTION by pltfs to enjoin ex parte communication with putative class members (vjt) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

104

BRIEF by pltfs in support of motion to enjoin ex parte communication with putative class members [103−1] (vjt) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

Case Details

State / Territory: Arkansas

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 4, 1998

Closing Date: Aug. 17, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Current and former non-White hourly employees of Sears' University Store who allegedly have been discriminated against by Sears' employment practices in job assignment or placement, pay and promotion.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Sears, Roebuck and Co. (Hoffman Estates), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,559,717.00

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Monitoring

Other requirements regarding hiring, promotion, retention

Recordkeeping

Reporting

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

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

Pay / Benefits

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native

Asian/Pacific Islander

Black