Case: Grayson v. K Mart Corp.

1:92-cv-00141 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 17, 1992

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On January 17, 1992, eleven K Mart store managers filed a lawsuit against K Mart in the U.S. District Court for the Northern District of Georgia, Atlanta Division. Represented by private counsel, the plaintiffs alleged that K Mart had violated the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. 621, et seq. by demoting or terminating them on the basis of age. The plaintiffs also alleged separate claims of intentional infliction of emotional distress under the respective laws in…

On January 17, 1992, eleven K Mart store managers filed a lawsuit against K Mart in the U.S. District Court for the Northern District of Georgia, Atlanta Division. Represented by private counsel, the plaintiffs alleged that K Mart had violated the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. 621, et seq. by demoting or terminating them on the basis of age. The plaintiffs also alleged separate claims of intentional infliction of emotional distress under the respective laws in their home states. Although the complaint was drafted as if the lawsuit were a class action, the lawsuit was not brought as a class action.

Ten months later, on October 29, 1992, a group of five K Mart store managers filed a second lawsuit, Helton v. K Mart Corp., also in the U.S. District Court for the Northern District of Georgia. The plaintiffs in Helton made the same allegations as the Grayson plaintiffs and were represented by the same counsel. On July 21, 1994, the District Court (Judge Marvin Shoob) granted plaintiffs' motion for leave to amend their complaint to allege an ADEA "class action" under 29 U.S.C. § 216(b), which allows other potential class members to "opt-in" as plaintiffs.

On February 22, 1994, in Grayson, the District Court (Judge Julie E. Carnes) entered an order granting defendant's motion to sever the claims of the plaintiffs on the grounds that the claims failed to satisfy the prerequisites of FRCP 20(a) and joining the cases would result in K Mart having to suffer "extreme prejudice". On August 23, 1994, the Court issued an order dismissing without prejudice the original severed actions, noting that the plaintiffs were members of the Helton class.

K Mart appealed Judge Shoob's Helton order that created the § 216(b) opt-in class as well as Judge Carnes's Grayson order that dismissed without prejudice the plaintiffs' actions. On July 20, 1994, the Eleventh Circuit Court (before Judge Gerald Tjoflat; Judge David Dyer; and Judge Leonard Garth of the Third Circuit, sitting by designation) dismissed K Mart's appeal of Judge Carnes's order, holding that the Court lacked appellate jurisdiction since the order was in effect a non-final transfer order. The Court also dismissed K Mart's appeal of Judge Shoob's order, holding that Judge Shoob's § 216(b) ruling was adequately supported by the plaintiffs' substantial allegations and evidence. K Mart petitioned for writ of certiorari, which the Supreme Court denied in a decision dated November 12, 1996: K Mart v. Helton, 519 U.S. 987 (1996).

On June 7, 1995, Judge Shoob granted the EEOC's motion to intervene in Helton. On September 25, 1997, the Court entered an order simultaneously dismissing Helton and directing that a new action be opened: EEOC v. Kmart, No. 1:97-CV-02930-MHS (N.D. GA). The case was settled on September 25, 1997, resulting in monetary damages to be allocated in a fair and equitable way by the Court among the claimants.

Summary Authors

Jordan Rossen (7/22/2010)

People


Judge(s)

Carnes, Julie E. (Georgia)

Dyer, David William (Georgia)

Garth, Leonard I. (New Jersey)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Dalton, James Joseph II (Massachusetts)

Ford, James L. Sr. (Georgia)

Hodges, Carl Hilliard (Georgia)

Klein, Daniel M. (Georgia)

Osborne, Thomas W. (District of Columbia)

Ventrell-Monsees, Cathy (District of Columbia)

Judge(s)

Carnes, Julie E. (Georgia)

Dyer, David William (Georgia)

Garth, Leonard I. (New Jersey)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Dalton, James Joseph II (Massachusetts)

Ford, James L. Sr. (Georgia)

Hodges, Carl Hilliard (Georgia)

Klein, Daniel M. (Georgia)

Osborne, Thomas W. (District of Columbia)

Ventrell-Monsees, Cathy (District of Columbia)

Attorneys(s) for Defendant

Coil, James H. III (Georgia)

Johnson, Walter E. (Georgia)

Kneisel, Edmund Moore (Georgia)

Documents in the Clearinghouse

Document

1:92-cv-00141

Docket

May 3, 2002

May 3, 2002

Docket
135

1:92-cv-00141

Trial Court Order Granting In Part and Denying In Part Defendant's Motions (for partial summary judgment, for severance of each plaintiff's case, for severance of the state and federal claims, and to strike)

Feb. 22, 1994

Feb. 22, 1994

Order/Opinion

1:92-cv-00141

Brief of Defendant/Appellant/Cross-Appellee (Appeal from Grayson v. K Mart Order of Dismissal Without Prejudice and from Helton v. K Mart Interlocutory Order)

K Mart Corp. v. Grayson

Feb. 14, 1995

Feb. 14, 1995

Pleading / Motion / Brief

1:92-cv-00141

Brief of Plaintiffs/Appellees/Cross-Appellants (Appeal from Grayson v. K Mart Order of Dismissal Without Prejudice and from Helton v. K Mart Interlocutory Order)

K Mart Corp. v. Grayson

U. S. Court of Appeals for the Eleventh Circuit

March 1, 1995

March 1, 1995

Pleading / Motion / Brief

1:92-cv-00141

11th Circuit Court Opinion

U. S. Court of Appeals for the Eleventh Circuit

April 9, 1996

April 9, 1996

Order/Opinion

1:92-cv-02564

Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit

K Mart Corp. v. Helton

Supreme Court of the United States

July 18, 1996

July 18, 1996

Pleading / Motion / Brief

1:92-cv-02564

Respondents' Brief in Opposition To Petition for a Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit)

K Mart Corp. v. Helton

Supreme Court of the United States

Aug. 12, 1996

Aug. 12, 1996

Pleading / Motion / Brief

1:92-cv-02564

Supreme Court Decision Denying Kmart-Petitioner's Petition for Writ of Certiorari

K Mart Corp. v. Helton

Supreme Court of the United States

Nov. 12, 1996

Nov. 12, 1996

Order/Opinion

Docket

Last updated Aug. 26, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. Jury demand. FILING FEE $120.00 RECEIPT #170215 (jps) (Entered: 01/21/1992)

Jan. 17, 1992

Jan. 17, 1992

2

CONSENT ORDER extending time for dft K Mart to answer complaint [1−1] thru 3/11/92 . Approved by Dep Clk. cc. (fmr emp) (Entered: 02/11/1992)

Feb. 10, 1992

Feb. 10, 1992

Add attorney for defendant K Mart Corporation , Edmund Moore Kneisel as counsel. (fmr emp) (Entered: 02/11/1992)

Feb. 10, 1992

Feb. 10, 1992

3

Joint MOTION to extend time for Kmart to respond to plaintiffs' 1st interrogs and request for production thru 4/2/92 with proposed order to GET. (fmr emp) (Entered: 03/10/1992)

March 9, 1992

March 9, 1992

4

CONSENT ORDER extending time for Kmart to answer complaint [1−1] thru 3/18/92 . Approved by Dep. Clk. cc. (fmr emp) (Entered: 03/10/1992)

March 9, 1992

March 9, 1992

6

ANSWER to complaint [1−1] by K Mart Corporation . (fmr emp) (Entered: 03/19/1992)

March 18, 1992

March 18, 1992

Proposed consent order by plaintiffs and defendants to extend time for defendant to respond to plaintffs' 1st interrogs and request for production to GET. (fmr emp) (Entered: 03/31/1992)

March 30, 1992

March 30, 1992

7

Joint MOTION to extend time for defendant to respond to plaintiffs' 1st interrogs and request for production (fmr emp) (Entered: 04/02/1992)

April 1, 1992

April 1, 1992

8

ORDER GRANTING joint motion to extend time for defendant to respond to plaintiffs' 1st interrogs and request for production [7−1] thru 4/9/92 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 04/02/1992)

April 1, 1992

April 1, 1992

9

Certificate of interested persons. (to judge) (fmr emp) (Entered: 04/09/1992)

April 8, 1992

April 8, 1992

10

Preliminary Statement and Scheduling Order. (to judge) (fmr emp) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

11

MOTION by plaintiffs for clarification of discovery limitations with brief in support. (fmr emp) (Entered: 05/13/1992)

May 13, 1992

May 13, 1992

12

Motion for leave of absence of James L. Ford (fmr emp) (Entered: 05/15/1992)

May 14, 1992

May 14, 1992

13

ORDER GRANTING leave of absence of James L. Ford [12−1] for 7/13/92 thru 7/27/92 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 05/15/1992)

May 14, 1992

May 14, 1992

14

Withdrawal of motion for clarification of discovery limitations by Mercer David Grayson [11−1] (fmr emp) (Entered: 05/21/1992)

May 20, 1992

May 20, 1992

15

CONSENT PROTECTIVE ORDER ENTERED (See order for details) by Judge G. Ernest Tidwell. cc. (fmr emp) (Entered: 05/28/1992)

May 27, 1992

May 27, 1992

Case reassigned to Judge Julie E. Carnes. Attys notified. (km) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

16

Joint MOTION to extend time to respond to discovery with brief in support. (jcb) (Entered: 06/24/1992)

June 23, 1992

June 23, 1992

17

ORDER by Judge Julie E. Carnes GRANTING joint motion to extend time to respond to discovery [16−1] thru 6/30/92. Discovery ends 7/16/92. cc (jcb) (Entered: 06/24/1992)

June 23, 1992

June 23, 1992

18

Notice of change of address by counsel for defendant K Mart Corporation. (jcb) (Entered: 06/25/1992)

June 23, 1992

June 23, 1992

19

Joint MOTION to extend time for discovery . (jcb) (Entered: 07/17/1992)

July 16, 1992

July 16, 1992

20

ORDER by Judge Julie E. Carnes GRANTING joint motion to extend time for discovery [19−1]. Discovery ends 11/18/92. cc (jcb) (Entered: 07/22/1992)

July 21, 1992

July 21, 1992

Proposed stipulation extending time for pla to respond to dft's first requests for interrogatories and production. (jcb) (Entered: 07/27/1992)

July 27, 1992

July 27, 1992

21

ORDER APPROVING proposed stipulation to extend time for pla to respond to dft's first interrogatories and production thru 7/31/92 by Judge Julie E. Carnes. cc (jcb) (Entered: 07/27/1992)

July 27, 1992

July 27, 1992

22

Attorney appearance for John D. Thompson, Mitchell B. Taper, James L. Steadman, Ricky D. Sallee, David L. Navickas, James T. Mixon, Edward J. Konrad, Kenneth C. Bell, Tony M. Arrington, Ronald L. Braley, Mercer David Grayson by Daniel M. Klein. (jcb) (Entered: 07/28/1992)

July 27, 1992

July 27, 1992

23

Joint MOTION to extend time for discovery with brief in support. (jcb) (Entered: 11/13/1992)

Nov. 12, 1992

Nov. 12, 1992

24

Joint MOTION to extend time for discovery with brief in support. (jcb) (Entered: 11/19/1992)

Nov. 18, 1992

Nov. 18, 1992

26

ORDER GRANTING joint motion to extend time for discovery [24−1] Discovery is extended for 60 days after defendant serves its responses to plaintiffs' 3rd interrogs and 3rd request for production of documents or thru 3/1/93, whichever occurs first by Judge Julie E. Carnes. cc. (fmr emp) (Entered: 12/03/1992)

Nov. 25, 1992

Nov. 25, 1992

27

Notice to take deposition of Reuben Charles Wester, III by defendant K Mart Corporation. (jcb) (Entered: 12/22/1992)

Dec. 21, 1992

Dec. 21, 1992

28

MOTION by plaintiffs for protective order with brief in support. (jcb) (Entered: 12/29/1992)

Dec. 23, 1992

Dec. 23, 1992

32

Response by defendant in opposition to motion for protective order [28−1]. (jcb) (Entered: 01/07/1993)

Dec. 24, 1992

Dec. 24, 1992

29

ORDER DENYING motion for protective order [28−1] by Judge Julie E. Carnes. cc (jcb) (Entered: 12/29/1992)

Dec. 28, 1992

Dec. 28, 1992

30

Supplemental memo by plaintiffs in support of motion for protective order [28−1]. cc (jcb) (Entered: 12/31/1992)

Dec. 30, 1992

Dec. 30, 1992

31

Memo by plaintiffs in support of motion for protective order [28−1]. (jcb) (Entered: 12/31/1992)

Dec. 30, 1992

Dec. 30, 1992

33

Joint (stipulation) MOTION to extend time for discovery with brief in support. to JEC (jcb) (Entered: 01/07/1993)

Dec. 31, 1992

Dec. 31, 1992

34

ORDER GRANTING joint motion to extend time for discovery [33−1] responses to interrogatories thru 1/29/93 for int #1(c),2,3,4 and 6 and thru 2/10/93 for int #2,3 and 4 by Judge Julie E. Carnes. cc (jcb) (Entered: 01/07/1993)

Jan. 4, 1993

Jan. 4, 1993

35

MOTION by defendant K Mart Corporation for protective order , and to quash amended notice to take deposition with brief in support. (ds) (Entered: 01/26/1993)

Jan. 22, 1993

Jan. 22, 1993

36

Memorandum of Law by plaintiffs in opposition to motion for protective order by K Mart Corporation [35−1], motion to quash amended notice to take deposition by K Mart Corporation [35−2] w/appendix and affidavits in support. (fmr emp) (Entered: 02/08/1993)

Feb. 5, 1993

Feb. 5, 1993

SUBMITTED on motion for protective order by K Mart Corporation [35−1], motion to quash amended notice to take deposition by K Mart Corporation [35−2] to Judge Julie E. Carnes . (ds) (Entered: 02/08/1993)

Feb. 8, 1993

Feb. 8, 1993

37

MOTION by defendant K Mart Corporation for temporary order stay deposition with brief in support. (ds) (Entered: 02/09/1993)

Feb. 8, 1993

Feb. 8, 1993

38

MOTION by plaintiffs for order allowing videotape deposition of Joseph Antonini with brief in support. (ds) (Entered: 02/09/1993)

Feb. 8, 1993

Feb. 8, 1993

39

Objections by plaintiffs to motion for temporary order to stay deposition by K Mart Corporation [37−1] (ds) (Entered: 02/10/1993)

Feb. 9, 1993

Feb. 9, 1993

40

ORDER GRANTING motion for temporary order to stay deposition by K Mart Corporation [37−1] by Judge Julie E. Carnes. (cps srvd by crt/dp) (ds) (Entered: 02/10/1993)

Feb. 9, 1993

Feb. 9, 1993

41

Reply Brief by defendant K Mart Corporation in Support of motion for protective order by K Mart Corporation [35−1] (ds) (Entered: 02/10/1993)

Feb. 9, 1993

Feb. 9, 1993

42

Joint MOTION for order scheduling expert witness discovery (jec for aprvl) (ds) (Entered: 02/10/1993)

Feb. 9, 1993

Feb. 9, 1993

43

Letter from pltfs counsel in ref to motion to quash amended notice to take deposition by K Mart Corporation [35−2] (jec) (ds) (Entered: 02/11/1993)

Feb. 10, 1993

Feb. 10, 1993

44

Response by defendant K Mart Corporation in Oppositon to motion for order allowing videotape deposition of Joseph Antonini by plaintiffs [38−1] (ds) Modified on 02/11/1993 (Entered: 02/11/1993)

Feb. 10, 1993

Feb. 10, 1993

46

ORDER GRANTING joint motion for order scheduling expert witness discovery [42−1] by Judge Julie E. Carnes. cc (ds) (Entered: 02/19/1993)

Feb. 17, 1993

Feb. 17, 1993

SUBMITTED on motion for order allowing videotape deposition of Joseph Antonini by plaintiffs [38−1] to Judge Julie E. Carnes. (you have file) (ds) (Entered: 02/19/1993)

Feb. 19, 1993

Feb. 19, 1993

47

MOTION by plaintiffs to compel answers to interrogs with brief and appendix in support. (ds) Modified on 02/24/1993 (Entered: 02/24/1993)

Feb. 22, 1993

Feb. 22, 1993

48

MOTION by defendant K Mart Corporation to determine the sufficiency of objections to requests of admissions , to compel discovery , and for award of attorney's fees with brief in support. (ds) (Entered: 02/24/1993)

Feb. 22, 1993

Feb. 22, 1993

49

CONSENT ORDER in ref to removing confidential information from companion case by Judge Julie E. Carnes. cc (ds) (Entered: 03/12/1993)

March 12, 1993

March 12, 1993

50

CONSENT ORDER extending time to 3/15/93 to respond to motion to compel answers to interrogs by plaintiff [47−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's fees by K Mart Corporation [48−3] by Judge Julie E. Carnes. cps ret'd (ds) (Entered: 03/12/1993)

March 12, 1993

March 12, 1993

51

CONSENT ORDER extending time 3/17/93 for parties to file post−discovery motions; deft to file response to motion to compel answers to interrogs by plaintiffs [47−1], pltfs to file response to motion to determine the sufficiency of objections to requests of admissions by K Mart Corporation [48−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's fees by K Mart Corporation [48−3] by Judge Julie E. Carnes. cc (ds) (Entered: 03/18/1993)

March 16, 1993

March 16, 1993

52

MOTION by plaintiffs for limited discovery , and for evidentiary hearing with brief in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

53

Brief by plaintiffs in Opposition to motion to determine the sufficiency of objections to requests of admissions by K Mart Corporation [48−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's fees by K Mart Corporation [48−3] (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

54

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts w/respect to Mercer David Grayson with brief &appendix in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

55

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to Ronald L. Braley with brief &appendix in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

56

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to Tony M. Arrington with brief &appendix in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

57

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to Kenneth C. Bell with brief &appendix in support. (ds) Modified on 03/18/1993 (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

58

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to Edward J. Kondrad with brief &appendix in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

59

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to James T. Mixon with brief &appendix in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

60

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to David L. Navickas with brief &appendix in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

62

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to James L. Steadman with brief &appendix in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

63

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to Mitchell B. Taper with brief &appendix in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

64

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to John D. Thompson with brief &appendix in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

65

MOTION by defendant K Mart Corporation for severance , and to change venue with brief in support. (ds) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

66

Memo by defendant K Mart Corporation in Opposition to motion to compel answers to interrogs by plaintiffs [47−1] (ds) (Entered: 03/22/1993)

March 17, 1993

March 17, 1993

Notice of motions for partial summary judgment as to John D. Thompson by K Mart Corporation [64−1], as to Mitchell B. Taper [63−1], as to James L. Steadman [62−1], as to Ricky D. Sallee [61−1], as to David L. Navickas [60−1], as to James T. Mixon [59−1], as to Edward J. Kondrad [58−1], as to Kenneth C. Bell [57−1], as to Tony M. Arrington [56−1], as to Ronald L. Braley [55−1], as to Mercer David Grayson [54−1] filed 3/17/93, mailed 3/18/93. (ds) Modified on 03/19/1993 (Entered: 03/18/1993)

March 18, 1993

March 18, 1993

67

APPENDIX by plaintiffs to brief [53−1], in opposition to motion to determine the sufficiency of objections to requests of admissions by K Mart Corporation [48−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's by K Mart Corporation [48−3] (jec) (dbg) (Entered: 03/25/1993)

March 19, 1993

March 19, 1993

SUBMITTED on motion to compel answers to interrogs by plaintiffs [47−1], motion to determine the sufficiency of objections to requests of admissions by K Mart Corporation [48−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's by K Mart Corporation [48−3] to Judge Julie E. Carnes. (YOU HAVE FILE) (ds) (Entered: 03/22/1993)

March 22, 1993

March 22, 1993

68

Letter from pltfs correcting typographical error in brief [53−1]. (jec) (ds) (Entered: 03/26/1993)

March 24, 1993

March 24, 1993

69

MOTION by plaintiffs for leave to file supplemental brief and exhibit with brief in support. (jec) (ds) (Entered: 03/26/1993)

March 24, 1993

March 24, 1993

72

Notice to take deposition of Dr. Leonard A. Cupingood by dft. (cbm) (Entered: 04/02/1993)

March 30, 1993

March 30, 1993

70

REPLY by K Mart Corporation to response to motion to determine the sufficiency of objections to requests of admissions by K Mart Corporation [48−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's fees by K Mart Corporation [48−3] . (kjm) (Entered: 04/02/1993)

April 1, 1993

April 1, 1993

71

Brief by defendant K Mart Corporation in opposition to motion for leave to file supplemental brief and exhibit by plaintiffs [69−1] (kjm) (Entered: 04/02/1993)

April 1, 1993

April 1, 1993

73

Reply brief in support of its motion to compel answers to interrogs by plaintiffs [47−1] (fmr emp) (Entered: 04/02/1993)

April 2, 1993

April 2, 1993

Proposed consent order to extend time for plaintiffs to respond to defendant's motion for severance [65−1], motion to change venue [65−2], motion for partial summary judgment as to John D. Thompson [64−1], motion for partial summary judgment as to Mitchell B. Taper [63−1], motion for partial summary judgment as to James L. Steadman [62−1], motion for partial summary judgment as to Ricky D. Sallee [61−1], motion for partial summary judgment as to David L. Navickas [60−1], motion for partial summary judgment as to James T. Mixon [59−1], motion for partial summary judgment as to Edward J. Kondrad [58−1], motion for partial summary judgment as to Kenneth C. Bell [57−1], motion for partial summary judgment as to Tony M. Arrington [56−1], motion for partial summary judgment as to Ronald L. Braley [55−1], motion for partial summary judgment w/respect to Mercer David Grayson [54−1]. (to JEC). (fmr emp) (Entered: 04/05/1993)

April 2, 1993

April 2, 1993

74

Memo by defendant K Mart Corporation in Opposition to motion for limited discovery by plaintiffs [52−1], motion for evidentiary hearing by plaintiffs [52−2] (ds) (Entered: 04/08/1993)

April 7, 1993

April 7, 1993

75

CONSENT ORDER extending time to May 6, 1993 to respond to motion for severance by K Mart Corporation [65−1], motion to change venue by K Mart Corporation [65−2], motions for partial summary judgment and statement of material facts by K Mart Corporation [64−1], [63−1], [62−1], 61−1], [60−1], [59−1], [58−1], [57−1], [56−1], [55−1], [54−1] by Judge Julie E. Carnes. cc (ds) (Entered: 04/08/1993)

April 7, 1993

April 7, 1993

SUBMITTED on motion for leave to file supplemental brief and exhibit by plaintiffs [69−1], motion for limited discovery by plaintiffs [52−1], motion for evidentiary hearing by plaintiffs [52−2] to Judge Julie E. Carnes. (you have file) (ds) (Entered: 04/08/1993)

April 8, 1993

April 8, 1993

76

Reply brief by plaintiffs in support of motion for leave to file supplemental brief and exhibits [69−1]. (jec) (ds) (Entered: 04/14/1993)

April 13, 1993

April 13, 1993

77

Notice of filing original affidavit of Shavan Giffin (replaces affidavit previously filed on 4/7/93). (kjm) (Entered: 04/15/1993)

April 14, 1993

April 14, 1993

78

Reply Brief by plaintiffs in Support of motion for limited discovery by plaintiffs [52−1], motion for evidentiary hearing by plaintiffs [52−2]. (jec) (ds) (Entered: 04/26/1993)

April 23, 1993

April 23, 1993

79

CONSENT ORDER extending time to 5/19/93 to respond to motion for severance by K Mart Corporation [65−1], [65−2], [64−1], [63−1], [62−1], [61−1], [60−1], [59−1], [58−1], [57−1], [56−1], [55−1], [54−1], by Judge Julie E. Carnes (2ND AND FINAL EXTENSION) cc (ds) (Entered: 05/14/1993)

May 11, 1993

May 11, 1993

80

ORDER w/application for leave of absence of James L. Ford for July 9− 23, 1993 (aprvd by crt/dp) cc (ds) (Entered: 05/18/1993)

May 13, 1993

May 13, 1993

81

Memorandum by plaintiffs in Opposition to motion for severance [65−1], motion to change venue [65−2], motion for partial summary judgment as to John D. Thompson [64−1], Mitchell B. Taper [63−1], James L. Steadman [62−1], Ricky D. Sallee [61−1], David L. Navickas [60−1], James T. Mixon [59−1], Edward J. Kondrad [58−1], Kenneth C. Bell [57−1], Tony M. Arrington [56−1], Ronald L. Braley [55−1], Mercer David Grayson by K Mart Corporation [54−1] (w/responses to statement of material facts) and 2 vols appendix; 1 confidential appendix (ds) Modified on 08/13/1993 (Entered: 05/20/1993)

May 19, 1993

May 19, 1993

82

Affidavit of W. A. Sands (ds) (Entered: 05/26/1993)

May 25, 1993

May 25, 1993

83

Notice by pltfs of filing affidavit of Linda H. Kelly in response to defts motion for summary judgment. (jec) (ds) (Entered: 06/09/1993)

June 1, 1993

June 1, 1993

84

Affidavit of Curtis Williams. (ds) (Entered: 06/09/1993)

June 3, 1993

June 3, 1993

85

REPLY by K Mart Corporation to response to motion for severance by K Mart Corporation [65−1], motion to change venue by K Mart Corporation [65−2] . (ds) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

86

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to John D. Thompson by K Mart Corporation [64−1] . (ds) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

87

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to Mitchell B. Taper by K Mart Corporation [63−1] . (ds) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

88

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to James L. Steadman by K Mart Corporation [62−1] . (ds) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

90

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to David L. Navickas by K Mart Corporation [60−1] . (ds) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

91

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to James T. Mixon by K Mart Corporation [59−1] . (ds) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

92

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to Edward J. Kondrad by K Mart Corporation [58−1] . (ds) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

93

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to Kenneth C. Bell by K Mart Corporation [57−1] . (ds) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

94

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to Tony M. Arrington by K Mart Corporation [56−1] . (ds) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

95

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to Ronald L. Braley by K Mart Corporation [55−1] . (ds) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

Case Details

State / Territory: Georgia

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Jan. 17, 1992

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Store managers in K Mart's Southern Region who were demoted or terminated by K Mart during the period from 1990 to 1992 as a result of alleged age-discrimination.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

K Mart Corp., Private Entity/Person

Case Details

Causes of Action:

State law

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 2000

Issues

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

EEOC Intervened in Private Suit