Case: Ward et al v. Von Maur Inc

3:04-cv-00159 | U.S. District Court for the Southern District of Iowa

Filed Date: Dec. 19, 2004

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On December 19, 2004, several African Americans who applied for and were denied jobs at Von Maur brought suit against Von Maur in the United States District Court for the Southern District of Iowa. The plaintiffs claimed that the Defendant violated Title VII, 42 U.S.C. §1981, and the Iowa Civil Rights Act. The plaintiffs also made tort violations, claiming intentional infliction of emotional distress. The plaintiffs alleged racial discrimination in Von Maur’s hiring practices, including but not…

On December 19, 2004, several African Americans who applied for and were denied jobs at Von Maur brought suit against Von Maur in the United States District Court for the Southern District of Iowa. The plaintiffs claimed that the Defendant violated Title VII, 42 U.S.C. §1981, and the Iowa Civil Rights Act. The plaintiffs also made tort violations, claiming intentional infliction of emotional distress. The plaintiffs alleged racial discrimination in Von Maur’s hiring practices, including but not limited to failing to interview qualified African Americans, misplacing their applications, discouraging African Americans from applying, subjecting African Americans to stricter scrutiny during interviews and terminating their employment because of their race.

The plaintiffs were represented by a private attorney and sought compensatory and punitive damages. The case was initially assigned to Judge Thomas J. Shields but reassigned to Judge Ross A. Walters on January 21, 2005. The complaint was amended several times in 2005, as the plaintiffs added additional named plaintiffs.

In July 2006, the case was consolidated for the purpose of discovery with a separate private action brought against Von Maur, EEOC v. Von Maur. Extensive discovery followed between 2006 and 2008. On August 29, 2008, the court entered summary judgment for the employer as to claims of twelve applicants because the statute of limitations had passed and some claims failed to establish the required pretext for discrimination. However, claims of five others survived the motion. 574 F.Supp.2d 959

On September 22, 2008, the two cases were consolidated for trial, however, the parties settled on October 29, 2008. 2008 WL 11336227.

In the settlement, Von Maur agreed to:

1. Pay a total of $50,000 in full settlement of the claims, within 10 days of the consent decree.

2. Post a notice for 2 years stating that: Von Maur will not discriminate in hiring on the basis of race, retaliate against any person who participated in this proceeding and that it will train all supervisory, management and human resources department employees regarding race discrimination and Von Maur’s policy prohibiting race discrimination.

3. Hold training sessions regarding the rights of applicants and employees under Title VII, and the employer’s obligations under Title VII, with an emphasis on what constitutes differential treatment of minority employees in the workplace, how to keep Von Maur free of such forms of discrimination, and what constitutes unlawful retaliation. They also agreed to additional training to all managers and all employees and supervisors in its Human Resources Department(s) regarding how to conduct a prompt and effective investigation into allegations, complaints, or charges of employment discrimination.

4. For 2 years, report every 6 months, until June 30, 2010, on information of all applicants for employment, names and races of applicants hired and any complaint of race discrimination.

The case is now closed.

Summary Authors

Averyn Lee (3/10/2019)

Related Cases

EEOC v. VON MAUR, Southern District of Iowa (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4246924/parties/ward-v-von-maur-inc/


Judge(s)

Pratt, Robert W. (Iowa)

Walters, Ross A. (Iowa)

Attorneys(s) for Plaintiff

Camp, Jean (Wisconsin)

Greve, Marlita A. (Iowa)

Hendrickson, John (Wisconsin)

Lee, James L. (District of Columbia)

McBride, Dennis R. (Wisconsin)

O'Brien, Dorothy (Iowa)

Pedersen, Erika E. (Illinois)

Reams, Gwendolyn Young (District of Columbia)

Judge(s)

Pratt, Robert W. (Iowa)

Walters, Ross A. (Iowa)

Attorneys(s) for Plaintiff

Camp, Jean (Wisconsin)

Greve, Marlita A. (Iowa)

Hendrickson, John (Wisconsin)

Lee, James L. (District of Columbia)

McBride, Dennis R. (Wisconsin)

O'Brien, Dorothy (Iowa)

Pedersen, Erika E. (Illinois)

Reams, Gwendolyn Young (District of Columbia)

Weinstein, Jill (Illinois)

Attorneys(s) for Defendant

Fildes, Terri Lea (Illinois)

Hubbard, Elizabeth L. (Illinois)

Miller, Charles E. (Iowa)

O'Connor, John Campbell (Illinois)

Pappas, Matthew P. (Illinois)

Reinsch, Diane M. (Iowa)

Documents in the Clearinghouse

Document

3:04-cv-00159

Docket [PACER]

Dec. 22, 2008

Dec. 22, 2008

Docket

3:04-cv-00159

Complaint

Dec. 29, 2004

Dec. 29, 2004

Complaint
42

3:04-cv-00159

Amended Complaint

Ward v. Von Maur

Sept. 7, 2005

Sept. 7, 2005

Complaint
82

3:04-cv-00159

Order Consolidating Cases

Equal Employment Opportunity Commission v. Von Maur, Inc.

Aug. 2, 2006

Aug. 2, 2006

Order/Opinion
203

3:04-cv-00159

Order Granting Motion for Summary Judgment in Part

Ward v. Von Maur

Aug. 29, 2008

Aug. 29, 2008

Order/Opinion
331

3:04-cv-00159

Consent Decree

Ward v. Von Maur

Nov. 12, 2008

Nov. 12, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4246924/ward-v-von-maur-inc/

Last updated Aug. 28, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Jury Demand against Von Maur Inc, filed by Marlita Greve, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Von Maur Inc. Rule 16 Notice of Dismissal set for 4/28/2005. Notice of Dismissal for lack of Service deadline set for 4/28/2005. (Attachments: # 1 Civil Cover Sheet # 2 Appearance)(Greve, Marlita) (Entered: 12/29/2004)

2 Civil Cover Sheet

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3 Appearance

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Dec. 29, 2004

Dec. 29, 2004

PACER
2

MOTION for Leave to Appear Pro Hac Vice by Walkesheia Ward, Darlena Mcbride, Tonya Gardner. (Greve, Marlita) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

PACER
3

MOTION for Leave to Appear Pro Hac Vice by Walkesheia Ward, Darlena Mcbride, Tonya Gardner. (Greve, Marlita) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

PACER
4

ORDER granting 2 Motion for Leave to Appear Pro Hac Vice for Erika Pedersen, granting 3 Motion for Leave to Appear Pro Hac Vice for Jill Weinstein . Entered by James R Rosenbaum Clerk on 1/7/2004. (sk, ) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

PACER
5

Filing fee: $ 150., receipt number 69885 for Pro hac admissions (sk, ) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

PACER
6

DECLARATION of Pursuant to LR 37.1 by Walkesheia Ward, Darlena Mcbride, Tonya Gardner. (Greve, Marlita) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
7

MOTION to Quash Non-Party Subpoenas by Walkesheia Ward, Darlena Mcbride, Tonya Gardner. Responses due by 2/7/2005 (Greve, Marlita) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
8

ANSWER to Complaint with Jury Demand by Von Maur Inc.(Reinsch, Diane) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
9

CERTIFICATE of Counsel Certificate of Interest by Diane M Reinsch on behalf of Von Maur Inc (Reinsch, Diane) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
10

RESPONSE to Motion re 7 MOTION to Quash Non-Party Subpoenas Resistance to Plaintiff's Motion to Quash Subpoenas filed by Von Maur Inc. Replies due by 2/4/2005. (Attachments: # 1 (Sealed) (Reinsch, Diane) Modified on 1/25/2005 (kb) Sealed Attachments: #1 per court order of 1/25/05. (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

PACER
11

NOTICE of Appearance by Charles E Miller on behalf of Von Maur Inc (Miller, Charles) (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

PACER
13

REPLY re 10 Response to Motion, filed by Walkesheia Ward, Darlena Mcbride, Tonya Gardner. (Weinstein, Jill) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

PACER
14

ORDER granting 7 plaintiffs' Motion to Quash. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 2/1/2005. (klw) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
15

ORDER re entry 14 -- written order inadvertently not attached to Order 14 .Entered by Magistrate Judge Ross A. Walters on 2/1/2005. (klw) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
16

MOTION for Leave to File Amended Complaint by Walkesheia Ward, Darlena Mcbride, Tonya Gardner. Responses due by 3/3/2005 (Attachments: # 1)(Weinstein, Jill) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

PACER
17

RESPONSE to Motion re 16 MOTION for Leave to File Amended Complaint Resistance to Motion to Amend filed by Von Maur Inc. Replies due by 3/15/2005. (Reinsch, Diane) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

PACER
18

REPLY re 16 MOTION for Leave to File Amended Complaint, 17 Response to Motion filed by Walkesheia Ward, Darlena Mcbride, Tonya Gardner. (Weinstein, Jill) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

PACER
19

ORDER granting 16 plaintiffs' Motion for Leave to File Amended Complaint. See order. Entered by Magistrate Judge Ross A. Walters on 6/13/2005. (klw) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

RECAP
20

AMENDED COMPLAINT against Von Maur Inc., filed by Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young, Walkesheia Ward, Darlena Mcbride, Tonya Gardner. (sk, ) (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

PACER
21

Unresisted MOTION to Amend/Correct Amended Complaint by Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 7/5/2005 (Attachments: # 1 Second Amended Complaint)(Weinstein, Jill) (Entered: 06/15/2005)

2 Second Amended Complaint

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June 15, 2005

June 15, 2005

PACER
22

TEXT ORDER: ORDER granting 21 plaintiffs' unresisted Motion for Leave to File Second Amended Complaint. The Clerk of Court shall file the Second Amended Complaint attached to the motion. Entered by Magistrate Judge Ross A. Walters on 6/15/2005. Entered by Magistrate Judge Ross A. Walters on 6/15/2005. (nsr) (Entered: 06/15/2005)

June 15, 2005

June 15, 2005

PACER
23

SECOND AMENDED COMPLAINT against Von Maur Inc., filed by Roscoe Haymon, Robert Williams, Dominica Johnson, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. (sk, ) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

PACER
24

ORDER GIVING NOTICE OF DISMISSAL Rule 16 Dismissal deadline set for 7/13/2005. . Entered by Marjorie Krahn, Clerk on 6/29/2005. (Attachments: # 1 Local Rule 41.1# 2 R16 Worksheet) (ld, ) (Entered: 06/29/2005)

2 Local Rule 41.1

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3 R16 Worksheet

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June 29, 2005

June 29, 2005

PACER
25

ANSWER to Amended Complaint (Second Amended Complaint) by Von Maur Inc.(Reinsch, Diane) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

PACER
26

REPORT of Rule 26(f) Planning Meeting. (Weinstein, Jill) Modified on 7/8/2005 (don, ) Refile as a proposed scheduling order. (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

PACER
27

PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN. (Weinstein, Jill) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

PACER
28

ORDER granting 27 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Add Parties deadline 10/6/2005. Amended Pleadings due by 10/6/2005. Plaintiffs' Expert Witness Disclosures due by 3/20/2006. Defendant's Expert Witness disclosures due by 5/22/2006. Plaintiffs' Rebuttal Witness Disclosures due by 6/22/2006. Discovery: The parties will complete non-expert discovery by 2/6/2006, but the deadlines set forth in paragraphs 3, 4, and 5 of Scheduling Order and Discovery Plan will govern expert disclosure and discovery. Dispositive Motion Deadline 7/10/2006. Trial Ready date 11/6/2006. A jury demand has been filed and the estimated length of trial is 5 to 10 days. Parties have requested scheduling and planning conference. The conference will be held by telephone conference call on 7/20/2005 at 2:00 p.m. with telephone call placed by counsel for plaintiffs. Entered by Magistrate Judge Ross A. Walters on 7/11/2005. (nsr) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

PACER
29

ORDER SETTING TRIAL AND FINAL PRETRIAL CONFERENCE: Jury Trial is set for 12/11/2006 at 8:30 AM in Davenport 2nd Floor Courtroom before Judge Robert W. Pratt. Counsel shall meet with Judge Pratt in chambers at 8:00 a.m. on 12/11/2006. Estimated length of trial is 5 to 10 days. Final Pretrial Conference will be held by telephone conference call on 11/9/2006 at 9:00 AM before Magistrate Judge Ross A. Walters, said call to be placed by counsel for plaintiffs. Parties shall comply with the final pretrial requirements set forth in order. Scheduling and planning conference set for 7/20/2005 at 2:00 p.m. is canceled. Entered by Magistrate Judge Ross A. Walters on 7/13/2005. (nsr) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

PACER
30

Unresisted MOTION to Amend/Correct Second Amended Complaint by Roscoe Haymon, Robert Williams, Dominica Johnson, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 8/19/2005 (Attachments: # 1)(Weinstein, Jill) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

PACER
31

TEXT ORDER: ORDER granting 30 plaintiffs' unopposed motion for leave to file third amended complaint. The Clerk of Court shall detach and file the Third Amended Complaint and should add James Thomas to the docket as an additional party plaintiff, represented by attorney Weinstein. Entered by Magistrate Judge Ross A. Walters on 8/2/2005. (klw) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

PACER
32

3rd AMENDED COMPLAINT against Von Maur Inc., filed by James Thomas added, Roscoe Haymon, Robert Williams, Dominica Johnson, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. (don, ) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

PACER
33

MOTION for Protective Order by Von Maur Inc. Responses due by 8/22/2005 (Attachments: # 1 Exhibit A - Stipulated Protective Order)(Reinsch, Diane) (Entered: 08/04/2005)

2 Exhibit A - Stipulated Protective Order

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Aug. 4, 2005

Aug. 4, 2005

PACER
34

ORDER granting 33 Motion for Protective Order. Entered by Magistrate Judge Ross A. Walters on 8/4/2005. (klw) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

PACER
35

ANSWER to Amended Complaint (Third Amended) and Jury Demand by Von Maur Inc.(Reinsch, Diane) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
36

MOTION for Summary Judgment Against Plaintiffs Dominica Johnson and LaToya Young by Von Maur Inc. Responses due by 9/8/2005 (Attachments: # 1 Memorandum of Law in Support of Motion for Summary Judgment Against Plaintiffs Dominica Johnson and LaToya Young# 2 Statement of Undisputed Facts# 3 Appendix)(Reinsch, Diane) (Entered: 08/15/2005)

2 Memorandum of Law in Support of Motion for Summary Judgment Against Plaintiffs

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3 Statement of Undisputed Facts

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4 Appendix

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Aug. 15, 2005

Aug. 15, 2005

PACER
37

MOTION for Summary Judgment Against Plaintiffs Dominica Johnson and LaToya Young by Von Maur Inc. Responses due by 9/8/2005 (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment Against Plaintiffs Dominica Johnson and LaToya Young# 2 Statement of Undisputed Facts# 3 Appendix (corrected from previous filing))(Reinsch, Diane) Modified on 8/17/2005 Term motion, 2nd motion should have been filed as an errata to docket entry #36 (don, ). Modified on 3/27/2006 to unterminate motion, and term in small utility for CJRA. (ld). (Entered: 08/15/2005)

2 Memorandum in Support of Motion for Summary Judgment Against Plaintiffs Dominic

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3 Statement of Undisputed Facts

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4 Appendix (corrected from previous filing)

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Aug. 15, 2005

Aug. 15, 2005

PACER
38

MOTION to Amend/Correct 32 Amended Complaint, and for Denial of Defendant's Motion for Summary Judgment as Moot by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 9/12/2005 (Attachments: # 1 Fourth Amended Complaint)(Weinstein, Jill) (Entered: 08/26/2005)

2 Fourth Amended Complaint

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Aug. 26, 2005

Aug. 26, 2005

PACER
39

Errata Brief in Support of re 38 Motion to Amend/Correct, filed by James Thomas,, Walkesheia Ward,, Darlena Mcbride,, Tonya Gardner,, Robert Donelson,, Raquel Maiden,, Charles Smith,, Laronica Williams,, Latoya Young,, Machelle Guy,, Roscoe Haymon,, Robert Williams,, Dominica Johnson,. (Weinstein, Jill) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

PACER
40

RESPONSE to Motion re 38 MOTION to Amend/Correct 32 Amended Complaint, and for Denial of Defendant's Motion for Summary Judgment as Moot filed by Von Maur Inc. Replies due by 9/16/2005. (Reinsch, Diane) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

PACER
41

ORDER finding as moot 36 Motion for Summary Judgment, granting 38 Motion to file Fourth Amended Complaint. Clerk shall detach and separately file Fourth Amended Complaint. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 9/6/2005. (nsr) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

PACER
42

4th AMENDED COMPLAINT against Von Maur Inc., filed by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. (don, ) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

PACER
43

ANSWER to Amended Complaint (Fourth Amended Complaint) by Von Maur Inc.(Reinsch, Diane) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

PACER
44

MOTION to Quash Subpoenas and for Protective Order by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 10/3/2005 (Attachments: # 1 Exhibit A)(Weinstein, Jill) (Entered: 09/14/2005)

2 Exhibit A

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Sept. 14, 2005

Sept. 14, 2005

PACER
45

RESPONSE to Motion re 44 MOTION to Quash Subpoenas and for Protective Order (Brief in Support of Resistance to Plaintiffs' Motion to Quash Subpoenas filed by Von Maur Inc. Replies due by 10/13/2005. (Reinsch, Diane) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER
46

MOTION for Leave to File a First Amended Answer to Plaintiffs' Fourth Amended Complaint by Von Maur Inc. Responses due by 10/24/2005 (Attachments: # 1 First Amended Answer to Fourth Amended Complaint)(Reinsch, Diane) (Entered: 10/05/2005)

2 First Amended Answer to Fourth Amended Complaint

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Oct. 5, 2005

Oct. 5, 2005

PACER
47

TEXT ORDER: ORDER granting 46 defendant's unresisted "Motion for Leave to File a First Amended Answer to Plaintiffs' Fourth Amended Complaint." The Clerk of Court shall detach and separately file defendant's "First Amended Answer to Fourth Amended Complaint and Jury Demand." Entered by Magistrate Judge Ross A. Walters on 10/5/2005. (klw) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

PACER
48

Unresisted MOTION for Extension of Time For Scheduling Order/R16 Deadlines of amend pleadings by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 10/24/2005 (Weinstein, Jill) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

PACER
49

TEXT ORDER: ORDER granting 48 plaintiffs' motion to amend scheduling order to extend deadline to amend pleadings to add Title VII claims. Defense counsel does not object to the request. The deadline for amending pleadings is extended to 1/4/2006. Counsel are reminded that a motion for leave to amend is still required in spite of the extension of the deadline. LR 15.1. Entered by Magistrate Judge Ross A. Walters on 10/5/2005. (nsr) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

PACER
50

AMENDED ANSWER to Complaint 42 Amended Complaint, by Charles E Miller, Diane M Reinsch on behalf of Von Maur Inc. and Jury Demand (don, ) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

PACER
51

REPLY in Further Support of re 44 MOTION to Quash Subpoenas and for Protective Order filed by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. (Weinstein, Jill) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
52

STIPULATION of Dismissal of Count IV of Plaintiffs' Fourth Amended Complaint by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. (Weinstein, Jill) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
53

ORDER denying in part and granting in part 44 plaintiffs' Motion to Quash. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 11/23/2005. (klw) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

PACER
54

MOTION for Extension of Time to Amend Pleadings by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 1/17/2006 (Weinstein, Jill) (Entered: 12/29/2005)

Dec. 29, 2005

Dec. 29, 2005

PACER
55

REPLY re 54 MOTION for Extension of Time to Amend Pleadings filed by Von Maur Inc. (Miller, Charles) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

PACER
56

MOTION to Compel by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 2/9/2006 (Attachments: # 1 Brief in Support of Motion to Compel# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Declaration of Jill Weinstein Pursuant to LR 37.1)(Weinstein, Jill) (Entered: 01/23/2006)

2 Brief in Support of Motion to Compel

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Declaration of Jill Weinstein Pursuant to LR 37.1

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Jan. 23, 2006

Jan. 23, 2006

PACER
57

TEXT ORDER: ORDER granting 54 plaintiffs' Motion to Amend Scheduling Order to Extend Deadline to Amend Pleadings. The deadline for amending pleadings is extended to 4/4/2006. Discovery may proceed as to all issues as requested by defendant. Entered by Magistrate Judge Ross A. Walters on 1/26/2006. (klw) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
58

MOTION for Extension of Time For Scheduling Order/R16 Deadlines of Discovery of Non-expert witness; Plaintiffs' disclosure of expert witness; Defendant expert witness disclosures;Rebuttal Witness disclosures;dispositive motion deadlin and trial ready date by Von Maur Inc. Responses due by 2/21/2006 (Reinsch, Diane) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
59

TEXT ORDER: ORDER granting 58 joint motion to extend discovery deadlines and to continue the trial date. Non-expert discovery shall be completed by 9/15/2006. Plaintiffs' shall disclose their expert witnesses by 10/30/2006. Defendants' expert witness disclosures are due by 1/16/2007 (1/15/2007 falls on a legal holiday). Plaintiffs' rebuttal witness disclosures are due by 2/15/2007. The dispositive motion deadline is extended to 3/30/2007. Jury trial before Judge Pratt is continued to 10/15/2007 at 9:00 AM at the U.S. Courthouse in Davenport, Iowa. Estimated length of trial is ten days. Final pretrial conference is continued to 9:00 AM on 9/28/2007 by telephone conference call placed by counsel for the plaintiff. The Court may be reached at (515) 284-6217 for purposes of the conference. The parties shall comply with the requirements for final pretrial previously ordered. Entered by Magistrate Judge Ross A. Walters on 2/3/2006. (klw) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
60

MOTION for Protective Order by Von Maur Inc. Responses due by 2/27/2006 (Attachments: # 1 Brief in support of motion (2) Declaration)(Reinsch, Diane) Modified on 2/9/2006 remove wording regarding resistance to motion to compel.(don, ). (Entered: 02/08/2006)

2 Motion to Compel

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3 Declaration

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Feb. 8, 2006

Feb. 8, 2006

PACER
61

RESPONSE to Motion re 60 MOTION for Protective Order and Resistance to Plaintiff's Motion to Compel filed by Von Maur Inc. Replies due by 2/22/2006. (Reinsch, Diane) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

PACER
62

REPLY in Further Support of Motion to Compel re 61 Response to Motion filed by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. (Attachments: # 1 Exhibit A)(Weinstein, Jill) (Entered: 02/22/2006)

2 Exhibit A

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Feb. 22, 2006

Feb. 22, 2006

PACER
63

RESPONSE to Motion re 60 MOTION for Protective Order filed by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Replies due by 3/6/2006. (Attachments: # 1 Exhibit A)(Weinstein, Jill) (Entered: 02/22/2006)

2 Exhibit A

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Feb. 22, 2006

Feb. 22, 2006

PACER
64

REPLY To Plaintiff's Opposition to Defendant's Motion for Protective Order re 63 Response to Motion, filed by Von Maur Inc. (Attachments: # 1 Affidavit Affidavit of Gayle Haun# 2 Notice of Unpublished Opinion)(Reinsch, Diane) (Entered: 03/06/2006)

2 Affidavit Affidavit of Gayle Haun

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3 Notice of Unpublished Opinion

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March 6, 2006

March 6, 2006

PACER
65

TEXT ORDER: ORDER setting hearing on 56 plaintiffs' motion to compel and 60 defendant's motion for protective order. These motions shall come on for hearing before the undersigned at the U.S. Courthouse in Rock Island, Illinois at 1:30 PM on Thursday, March 30, 2006. Counsel should check with chambers, (515) 284-6217, the day before hearing to ascertain the location as the Court may be moving to the Davenport courthouse during this time period. Entered by Magistrate Judge Ross A. Walters on 3/7/2006.(klw) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
66

Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Motion Hearing held on 3/30/2006 re 56 plaintiffs' MOTION to Compel and 60 defendant's MOTION for Protective Order. (Court Reporter Linda Egbers.) (klw) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
67

Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Motion Hearing held on 3/30/2006 re 56 plaintiffs' MOTION to Compel and60 defendant's MOTION for Protective Order. (Court Reporter Linda Egbers.) (klw) (Entered: 03/30/2006 (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
68

Minute Entry for proceedings held before Judge Ross A. Walters : Motion Hearing held on 3/30/2006 re 56 MOTION to Compel and 60 MOTION for Protective Order. (Court Reporter Linda Egbers.) (nsr) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
69

MOTION for Extension of Time to Amend Complaint by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 4/17/2006 (Weinstein, Jill) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
70

ORDER granting in part and denying in part 56 plaintiffs' Motion to Compel, denying 60 defendant's Motion for Protective Order. See ruling for particulars. Entered by Magistrate Judge Ross A. Walters on 4/12/2006. (klw) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
71

NOTICE of Appearance by Matthew P Pappas on behalf of Von Maur Inc (Pappas, Matthew) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
72

TEXT ORDER: Counsel has filed a motion to withdraw 71 . Substitute counsel has filed a concurrent appearance. The motion is granted. The appearances of Charles Miller and Diane Reinsch are terminated. Entered by Magistrate Judge Ross A. Walters on 4/21/2006. (klw) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

PACER
73

TEXT ORDER: ORDER concerning 69 plaintiffs' Motion to Amend Scheduling Order to Extend Deadline to Amend Pleadings. This motion has been pending since 3/31/2006. No response to the motion has been filed. The Court extends the time to 5/1/2006 for defendant to file a response to the motion to amend scheduling order. Entered by Magistrate Judge Ross A. Walters on 4/24/2006. (nsr) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
74

RESPONSE to Motion re 69 MOTION for Extension of Time to Amend Complaint filed by Von Maur Inc. Replies due by 5/11/2006. (Pappas, Matthew) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
75

TEXT ORDER: In view of the separate action filed by the EEOC, plaintiff's motion to amend scheduling order to extend the pleading deadline 69 is denied as moot. Entered by Magistrate Judge Ross A. Walters on 6/5/2006. (klw) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

PACER
76

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 298380 Fee paid in the amount of $75. by Von Maur Inc. (Pappas, Matthew) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

PACER
77

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 298392 Fee paid in the amount of $75. by Von Maur Inc. (Pappas, Matthew) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

PACER
78

TEXT ORDER granting 76 Motion for Leave to Appear Pro Hac Vice . Attorney Elizabeth Huubard has been added to the docket. Entered by Marjorie Krahn, Clerk on 7/19/2006. (Attachments: # 1 attorney registration) (jm) (Entered: 07/19/2006)

2 attorney registration

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July 19, 2006

July 19, 2006

PACER
79

First Intervenor COMPLAINT against Von Maur, Inc., filed by Robert Donelson, Tanya Gardner, Roscoe Haymon, Raquel Maiden, Darlena Mcbride, Charles Smith, James Thomas, Laronica Williams, Robert Williams, Latoya Young.(Weinstein, Jill) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

PACER
80

TEXT ORDER granting 77 Motion for Leave to Appear Pro Hac Vice . Attorney John O'Connor has been added to the docket. Entered by Marjorie Krahn, Clerk on 7/19/2006. (jm) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

PACER
81

Unresisted MOTION for Extension of Time For Scheduling Order/R16 Deadlines of 12/31/06 by Equal Employment Opportunity Commission. Responses due by 8/17/2006 (McBride, Dennis) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

PACER
82

ORDER - Ruling on EEOC's Motion to Consolidate and Proposed Plaintiff-Intervenors' (PPIs') Motion to Intervene in Case No. 4:06-cv-182 (filed 7/10/2006 in 4:06-cv-182). Entered by Magistrate Judge Ross A. Walters on 8/2/2006. (This case is now lead case pursuant to Order). (klw) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

PACER
83

ORDER granting 81 Motion for Extension of Time of R16/Scheduling Order Deadlines. R. 16(b) set for 11/9/2006 at 9:00 AM. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 8/7/2006. (klw) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER
84

Defendant's ANSWER to Intervenor Complaint by Von Maur Inc.(Pappas, Matthew) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

PACER
85

Defendant's First Amended ANSWER to Complaint by Von Maur Inc.(Pappas, Matthew) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

PACER
86

MOTION to Compel Motions referred to Ross A. Walters. by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 10/10/2006 (Weinstein, Jill) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
87

BRIEF in Support of Plaintiffs' Renewed Motion to Compel 86 . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Weinstein, Jill) Modified on 9/25/2006 add link(don, ). (Entered: 09/22/2006)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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Sept. 22, 2006

Sept. 22, 2006

PACER
88

DECLARATION of Jill Weinstein Pursuant to Local Rule 37.1 re 87 Brief/Other, 86 MOTION to Compel by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. (Weinstein, Jill) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
89

RESPONSE to Motion re 86 MOTION to Compel filed by Von Maur Inc. Replies due by 10/20/2006. (Pappas, Matthew) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

PACER
90

REPLY in Further Support of Renewed Motion to Compel re 89 Response to Motion, 86 MOTION to Compel filed by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Weinstein, Jill) (Entered: 10/13/2006)

2 Exhibit A

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3 Exhibit B

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Oct. 13, 2006

Oct. 13, 2006

PACER
91

TEXT Minute Entry for scheduling conference with counsel held before Magistrate Judge Ross A. Walters on 11/9/2006. Order to follow. (nsr) Modified on 11/11/2006 to add 'text' to the caption (jm). (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
92

ORDER granting in part 86 Motion to Compel. See order for particulars. Signed by Magistrate Judge Ross A. Walters on 11/13/2006. (nsr) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
93

TEXT ORDER: The Court held a Fed. R. Civ. P. 16(b) conference with counsel on 11/9/2006. Ms. Weinstein, Ms. Pedersen, Mr. McBride, Mr. Pappas, and Ms. Hubbard appeared for their respective clients. As discussed, counsel shall confer and attempt to reach agreement on a scheduling order and discovery plan, including such items as the time for the EEOC to identify additional class members, expert disclosures, fact and expert discovery and dispositive motion dates. The parties shall also inform the Court of their positions with respect to the trial of these cases which have been consolidated for discovery purposes, and whether liability and damages discovery should be phased. The parties shall submit their joint and separate proposals, as the case may be, on or before December 6, 2006. Signed by Magistrate Judge Ross A. Walters on 11/13/2006. (nsr) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
94

NOTICE of Appearance by Dorothy A OBrien on behalf of Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, and Latoya Young. (rmj) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

PACER
95

MOTION to Withdraw as Attorney Motions referred to Ross A. Walters. by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Robert Donelson, Tanya Gardner, Machelle Guy, Roscoe Haymon, Damenica Johnson, Raquel Maiden, Darlena Mcbride, Charles Smith, James Thomas, Walkesheia Ward, Walkesheia Ward, Laronica Williams, Robert Williams, Latoya Young, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 12/22/2006 (Greve, Marlita) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

PACER
96

TEXT ORDER: ORDER granting 95 motion to withdraw as counsel for plaintiff by Marlita Greve. Attorney Dorothy O'Brien has entered an appearance for the plaintiffs. The motion to withdraw 18 filed in 4:06-cv-182 should be stricken as the Court previously ordered that all filings would be made only in the lead case, 3:04-cv-159. Entered by Magistrate Judge Ross A. Walters on 12/6/2006.(klw) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

PACER
97

PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN Submitted by EEOC and Plaintiffs. (Attachments: # 1 Exhibit A)(Weinstein, Jill) (Entered: 12/06/2006)

2 Exhibit A

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Dec. 6, 2006

Dec. 6, 2006

PACER
98

PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN. (Attachments: # 1 Text of Proposed Order)(Pappas, Matthew) (Entered: 12/06/2006)

2 Text of Proposed Order

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Dec. 6, 2006

Dec. 6, 2006

PACER
99

MOTION to Quash Subpoena and for Protective Order Motions referred to Ross A. Walters. by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Equal Employment Opportunity Commission, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 1/22/2007 (Weinstein, Jill) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
100

BRIEF in Support of Plaintiffs' and EEOC's Motion to Quash and for Protective Order. 99 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Weinstein, Jill) Modified on 1/8/2007 add link to motion(don, ). (Entered: 01/05/2007)

2 Exhibit A

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3 Exhibit B

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Jan. 5, 2007

Jan. 5, 2007

PACER
101

TEXT MOTION for Protective Order (see image under docket image 99 )Motions referred to Ross A. Walters. by Roscoe Haymon, Robert Williams, Dominica Johnson, James Thomas, Equal Employment Opportunity Commission, Walkesheia Ward, Darlena Mcbride, Tonya Gardner, Robert Donelson, Machelle Guy, Raquel Maiden, Charles Smith, Laronica Williams, Latoya Young. Responses due by 1/22/2007 (don, ) (Entered: 01/08/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER

Case Details

State / Territory: Iowa

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 19, 2004

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American residents of Iowa claiming racial discrimination in employment.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Von Maur, Inc., 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: 50000

Order Duration: 2008 - 2010

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Hire

Monitoring

Other requirements regarding hiring, promotion, retention

Reporting

Required disclosure

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Private Suit Related / Consolidated with EEOC Suit