Case: Bunch v. Rent-a-Center, Inc.

4:00-cv-00364 | U.S. District Court for the Western District of Missouri

Filed Date: April 19, 2000

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On April 19, 2000, a woman formerly employed by Rent-A-Center filed this action in the U.S. District Court of Western Illinois against her employer alleging sexual harassment, sexual discrimination, and retaliation. Her claims were brought under Title VII of the Civil Rights Act and Missouri state law. Specifically, the plaintiff alleged that she was sexually and physically harassed by her manager. The manager called the plaintiff several sexually explicit names, made explicit comments, and tol…

On April 19, 2000, a woman formerly employed by Rent-A-Center filed this action in the U.S. District Court of Western Illinois against her employer alleging sexual harassment, sexual discrimination, and retaliation. Her claims were brought under Title VII of the Civil Rights Act and Missouri state law. Specifically, the plaintiff alleged that she was sexually and physically harassed by her manager. The manager called the plaintiff several sexually explicit names, made explicit comments, and told her that women did not belong in the workplace. In one incident, the manager intentionally caused the plaintiff to cut her face while she moved furniture. Neither the local manager nor Rent-A-Center’s regional manager responded to the plaintiff’s repeated complaints about her treatment. In addition to the harassment, the plaintiff also alleged that she was paid less than similarly situated male employees, offered fewer promotional opportunities, assigned different job duties, and assessed by different standards of conduct because of her sex. Finally, the plaintiff alleged she was fired because of her sex, and in retaliation for her repeated complaints about the work environment. The plaintiff sought back pay, front pay, compensatory and punitive damages.

The plaintiff filed an amended class action complaint on December 18, 2000, brought on behalf of herself and other women who were subjected to similar harassment while employed by Rent-A-Center. The amended complaint sought declaratory relief, injunctive relief, and monetary damages under the same claims as the initial compliant. It alleged that Rent-A-Center engaged in a pattern of sex-based discrimination by creating a hostile work environment, paying women less, and systemically denying female employees the same opportunities for advancement as male employees. In particular, the plaintiffs claimed that Rent-A-Center had imposed an arbitrary seventy-five pound lifting requirement for all new hires for the purpose of hiring fewer women. In addition to narrowing the pool of potential hires, the plaintiffs claimed that the lifting policy created a trickle-down effect that reduced the representation of women at all levels of the company.

The plaintiffs also alleged that Rent-A-Center systemically retaliated against women who complained about the discrimination and that, by disbanding its Human Resources department, Rent-A-Center made it more difficult for women employed by the company to obtain relief from the hostile workplace environment.

Following the filing of the amended complaint, Rent-A-Center filed a motion to dismiss or to compel arbitration on January 2, 2001, claiming that the plaintiffs had signed an arbitration agreement as a condition of their employment. Rent-A-Center also filed a motion for transfer of venue. On May 1, Judge Ortrie D. Smith ordered the parties to file additional briefing on whether the arbitration agreement was effective only during employment or extended after the plaintiff had left her job with Rent-A-Center. Judge Smith granted the motion to compel arbitration on July 18, and stayed the proceedings until arbitration was complete. Judge Smith found that, while the arbitration agreement could be narrowly read to only cover grievances during employment, such a reading was not consistent with the intentions of either party when signing the contract. On September 14, Judge Smith denied the motion for transfer of venue.

On August 13, the plaintiffs moved for a reconsideration of Judge Smith’s order to compel arbitration. The plaintiffs asserted that the arbitration agreement was invalid under Missouri state law. On November 9, Judge Smith granted the plaintiffs' motion to reconsider and stayed the case during arbitration, which was not opposed by Rent-A-Center.

The plaintiffs and Rent-A-Center filed a motion for preliminary approval of a settlement agreement on October 31. Part of the proposed settlement was an injunction barring any other class certification in similar lawsuits against Rent-A-Center.

The settlement was opposed, however, by a group of women formerly employed by Rent-A-Center who were pursuing a similar class action case against Rent-A-Center in the U.S. District Court for the Southern District of Illinois at the same that this case was being litigated in Missouri. This group, the objectors, filed a motion to oppose the settlement in the Bunch case on November 5. The objectors alleged that their case was almost identical to this case, but that they, and not the plaintiffs in this case, were the “legitimate representatives” of the class of women who were discriminated against by Rent-A-Center. Further, the objectors alleged that the proposed settlement was designed by Rent-A-Center to end the class action on more favorable terms than Rent-A-Center would be able to obtain from the objectors. In particular, the objectors pointed to the fact that the settlement in this case was filed the day after the objectors filed their motion for class certification.

On November 9, the objectors filed a motion to intervene to oppose both class certification and the settlement agreement in this case. Judge Smith granted the objectors’ motion to intervene to challenge the preliminary injunction against other class action certifications on November 29. On the same day, Judge Smith approved the preliminary settlement between the plaintiffs in this case and Rent-A-Center, while denying the objectors’ motion to oppose the settlement. Judge Smith held that the objectors’ opposition to the settlement was premature and would be more appropriate later in the proceedings.

In a third order on November 29, Judge Smith also granted the motion for class certification in this case. The class was defined as “[a]ll females who worked at, applied for work, and/or who attempted to apply but were affirmatively discouraged by the Defendant from applying for work at any Rent-A-Center, Rent-A-Center, Inc., or Renters Choice, Inc. store in the United States or any of its territories, at any time between April 19, 1998 and October 1, 2001 . . . except that the Class does not include any female employed as a Market Manager and/or Regional Director nor any female who previously entered into a written settlement agreement with Rent-A-Center, Rent-A-Center, Inc., or Renters Choice, Inc. which releases claims of gender discrimination.”

On December 3, the objectors appealed Judge Smith’s decision to deny their motion to intervene on the settlement approval process. The appeal was denied on December 11.

On January 18, 2002, the Equal Employment Opportunity Commission filed a motion to intervene in the settlement proceedings, on the grounds that Title VII is administered by the Commission and the federal agencies have a right to intervene in cases that rely on a statute administered by that agency. The Commission moved to intervene to “protect absent class members and to subject this settlement to heightened scrutiny,” among other reasons. The motion to intervene was opposed by both the Bunch plaintiffs and Rent-A-Center. The Equal Employment Opportunity Commission’s motion to intervene was granted by Judge Smith on February 28.

The objectors again moved to intervene to object to the proposed settlement on January 25. Prior to this filing, the objectors had been appointed as class representatives in their class action in Illinois against Rent-A-Center. They argued that the Bunch plaintiffs did not adequately represent the interests of the objectors' class in this proceeding. Intervention was opposed by both the Bunch plaintiffs and Rent-A-Center, on the grounds that the objectors had already opted out of the class settlement that had been proposed in this case. On February 28, Judge Smith denied the objectors' motion to intervene. Judge Smith ruled that the objectors had no substantial interest in this litigation, because they had preserved their right to litigate separately by opting out of the settlement in this case. Judge Smith further held that the Equal Opportunity Employment Commission, whose intervention was approved on the same day, would adequately represent the objectors’ interests in ensuring a fair settlement in this case.

On March 26, the plaintiffs moved for final approval of a settlement agreement. The settlement included monetary damages for all class members, an alternative dispute resolution fund where class members who were dissatisfied with the offered sums could seek different monetary compensation, and a consent decree compelling Rent-A-Center to take measures to improve gender equity within the company.

The settlement was endorsed by the Equal Employment Opportunity Commission on April 9, by the Impact Fund and the National Organization of Women Foundation on April 11, and by Rent-A-Center on April 16. Before the settlement was approved, however, the objectors announced a separate settlement with Rent-A-Center in their own lawsuit. The objectors’ settlement preempted the settlement in this case because of the near total overlap in class members, but that settlement did not include an alternative dispute resolution process. On July 15, Judge Smith held that the alternative dispute resolution process in this case would supplement the objectors’ settlement, and that class members who were dissatisfied with the compensation offered by the objectors’ settlement could utilize the alternative dispute resolution process in this settlement. 2002 WL 35645390 (W.D. Mo. July 15, 2002).

Judge Smith issued an order approving an amendment to the alternative dispute resolution plan on December 13, 2002. Judge Smith also approved the arbiter’s ruling on distribution of funds On December 5, 2003 (2003 WL 27382901) and issued a correction to that ruling on December 12 (2003 WL 27382900). The case was dismissed on February 25, 2004, after the adjudication of all claims by class members who opted to participate in the alternative dispute resolution process. The case is now closed.

Summary Authors

Brian Remlinger (2/16/2019)

Related Cases

WILFONG v. RENT A CENTER, Southern District of Illinois (2000)

People


Judge(s)

Smith, Ortrie D. (Missouri)

Attorneys(s) for Plaintiff

Braud, Bert S. (Missouri)

Clune, Mary Beth (Missouri)

Compton, Mary Beth (Missouri)

Egan, Dennis E. (Missouri)

Fletcher, Michael Robert (Missouri)

Graham, Gene P. Jr. (Missouri)

Hasselberg, Courtney A. (Missouri)

Hubbard, Dirk L. (Missouri)

Hueser, Courtney (Missouri)

Judge(s)

Smith, Ortrie D. (Missouri)

Attorneys(s) for Plaintiff

Braud, Bert S. (Missouri)

Clune, Mary Beth (Missouri)

Compton, Mary Beth (Missouri)

Egan, Dennis E. (Missouri)

Fletcher, Michael Robert (Missouri)

Graham, Gene P. Jr. (Missouri)

Hasselberg, Courtney A. (Missouri)

Hubbard, Dirk L. (Missouri)

Hueser, Courtney (Missouri)

Klamann, John M. (Missouri)

White, Steve (Missouri)

Attorneys(s) for Defendant

Carr, Shannon Cameron (Texas)

Dargene, Dan C (Texas)

Driscoll, Robert L. (Missouri)

Hecht, Scott C. (Missouri)

Sorrell, Lisa Winston (Texas)

Welch, Sara Elizabeth (Missouri)

Wright, Franklin (Texas)

Other Attorney(s)

Bacon, Jennifer G. (Missouri)

Baran, Andrea G. (Kansas)

German, Charles W. (Missouri)

Harper, Donna (Missouri)

Ray, Jon A. (Missouri)

Schlichter, Jerome J. (Missouri)

Sedey, Mary Anne (Missouri)

Documents in the Clearinghouse

Document

4:00-cv-00364

Docket [PACER]

Bunch v. Rent-A-Center, Inc.

Feb. 25, 2004

Feb. 25, 2004

Docket
1

4:00-cv-00364

Complaint

Bunch v. Rent-A-Center, Inc.

April 19, 2000

April 19, 2000

Complaint
3

4:00-cv-00364

Amended Complaint

Bunch v. Rent-A-Center

June 12, 2000

June 12, 2000

Complaint
23

00-cv-00596

First Amended Class Action Complaint

Levings v. Rent-A-Center; Bunch v. Rent-A-Center

Dec. 18, 2000

Dec. 18, 2000

Complaint
65

4:00-cv-00364

Order Granting Motion to Dismiss or Alternative to Stay Proceedings

Bunch v. Rent-A-Center, Inc.

July 18, 2001

July 18, 2001

Order/Opinion
81

4:00-cv-00364

00-cv-00596

Joint Motion for Approval of Class Settlement Agreement

Bunch v. Rent-A-Center, Inc.; Levings v. Rent-A-Center, Inc.

Oct. 31, 2001

Oct. 31, 2001

Settlement Agreement
109

4:00-cv-00364

Order Denying Wilfong Plaintiffs' Motions

Brunch v. Rent-A-Center, Inc.

Nov. 29, 2001

Nov. 29, 2001

Order/Opinion
108

4:00-cv-00364

Order Preliminarily Approving Stipulation and Conditionally Certifying a Settlement Class

Bunch v. Rent-A-Center

Nov. 29, 2001

Nov. 29, 2001

Order/Opinion
163

4:00-cv-00364

Order Granting EEOC's Motion to Intervene

Brunch v. Rent-A-Center, Inc. V. Wilfong

Feb. 28, 2002

Feb. 28, 2002

Order/Opinion
172

4:00-cv-00364

Joint Declaration of Class Counsel in Support of Class Certification

Bunch v. Rent-A-Center

March 26, 2002

March 26, 2002

Declaration/Affidavit

Resources

Docket

Last updated Aug. 9, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Rent−A−Center, Inc.. filed by Mary B. Clune, Gene P Graham Jr of White, Allinder &Graham, LLC on behalf of Margaret Bunch. Receipt #176211. (Attachments: # 1 Civil Cover Sheet)(Cavallo, Dorothy) Additional attachment(s) added on 1/15/2002 (Honeycutt, Cassaundra). (Entered: 04/21/2000)

April 19, 2000

April 19, 2000

2

Notice of EAPADMIN.(Cavallo, Dorothy) (Entered: 04/21/2000)

April 19, 2000

April 19, 2000

3

AMENDED COMPLAINT against Rent−A−Center, Inc.. filed by Mary B. Clune of White, Allinder &Graham, LLC on behalf of Margaret Bunch.(Clune, Mary) (Entered: 06/12/2000)

June 12, 2000

June 12, 2000

4

MEMORANDUM Notice Regarding Exhibit Attachment (related document(s) 3 ) filed by Mary B. Clune on behalf of Margaret Bunch.(Clune, Mary) (Entered: 06/12/2000)

June 12, 2000

June 12, 2000

5

MOTION by Scott C. Hecht AND ORDER for Franklin E. Wright to appear Pro Hac Vice on behalf of defendants. Receipt # 177329. Amount of fee: $25.00.(Brogan, Shannon) (Entered: 06/21/2000)

June 20, 2000

June 20, 2000

6

MOTION by Scott C Hecht AND ORDER for Lisa Winston Sorrell to appear Pro Hac Vice on behalf of defendants. Receipt #177329. Amount of Fee: $25.00.(Brogan, Shannon) (Entered: 06/21/2000)

June 20, 2000

June 20, 2000

7

Consent MOTION for extension of time to answer amended complaint and suggestions in support thereof on behalf of Rent−A−Center, Inc..(Hecht, Scott) (Entered: 06/30/2000)

June 30, 2000

June 30, 2000

8

ORDER by Judge Ortrie D. Smith granting dfts' motion for extension of time to answer amended complaint (Related Doc # 7 ) to 7/20/2000(Kee, Georgia) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

9

ANSWER to amended complaint (Related Doc # 3 ) (related document(s) 3 ) filed by Scott C. Hecht of Stinson, Mag &Fizzell, P.C. on behalf of Rent−A−Center, Inc..(Hecht, Scott) (Entered: 07/20/2000)

July 20, 2000

July 20, 2000

10

RULE 16 NOTICE issued by Judge Ortrie Smith. Proposed scheduling order due by 9/29/2000, rule 26 conference due by 9/19/2000,.(Will−Fees, Eva) (Entered: 07/24/2000)

July 24, 2000

July 24, 2000

12

RULES OF TRIAL issued by Judge Ortrie Smith.(Will−Fees, Eva) (Entered: 10/16/2000)

Oct. 13, 2000

Oct. 13, 2000

13

SCHEDULING ORDER issued by Judge Ortrie Smith. Discovery due by 3/15/2001, pre−trial conference set for 10/18/2001 at 11:30 AM at Chambers, with jury trial to be held on 11/19/2001 at 08:00 AM at Courtroom 8C, Kansas City (ODS).(Will−Fees, Eva) (Entered: 10/16/2000)

Oct. 13, 2000

Oct. 13, 2000

14

ATTORNEY APPEARANCE of substituted counsel filed by Sara Elizabeth Welch of Stinson, Mag &Fizzell, P.C. on behalf of Rent−A−Center, Inc..(Welch, Sara) (Entered: 10/30/2000)

Oct. 30, 2000

Oct. 30, 2000

15

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Mary B. Clune of White, Allinder &Graham, LLC on behalf of Margaret Bunch.(Clune, Mary) (Entered: 11/20/2000)

Nov. 20, 2000

Nov. 20, 2000

16

CERTIFICATE OF SERVICE of Initial Disclosures filed by Sara Elizabeth Welch of Stinson, Mag &Fizzell, P.C. on behalf of Rent−A−Center, Inc..(Welch, Sara) (Entered: 11/21/2000)

Nov. 21, 2000

Nov. 21, 2000

17

MOTION for extension of time on behalf of Margaret Bunch.(Clune, Mary) (Entered: 12/01/2000)

Dec. 1, 2000

Dec. 1, 2000

18

Joint MOTION for protective order on behalf of all parties. (Attachments: # 1 Agreed Protective Order)(Welch, Sara) (Entered: 12/04/2000)

Dec. 4, 2000

Dec. 4, 2000

19

MOTION for leave to file First Amended Class Action Complaint on behalf of Margaret Bunch.(Clune, Mary) Additional attachment(s) added on 12/6/2000 (Navarro, Steve). Modified on 12/6/2000 to add pleading (Navarro, Steve). (Entered: 12/04/2000)

Dec. 4, 2000

Dec. 4, 2000

20

ORDER issued by Judge Ortrie Smith. Granting Plaintiff motion for extension of time until December 4, 2000 to file her motion to join parties and amend pleadings.(Related Doc # 17 ) (Will−Fees, Eva) (Entered: 12/05/2000)

Dec. 4, 2000

Dec. 4, 2000

21

ORDER issued by Judge Ortrie Smith. Agreed Protective Order. (Related Doc # 18 ) (Will−Fees, Eva) Additional attachment(s) added on 12/6/2000 (Kee, Georgia). (Entered: 12/05/2000)

Dec. 5, 2000

Dec. 5, 2000

Remark:This file will not contain a Document #22. This document was inadvertantly filed before motion was ruled by Judge Ortrie Smith.(Kee, Georgia) Modified on 12/6/2000 (Kee, Georgia). (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

22

ORDER issued by Judge Ortrie Smith. Granting Plaintiff's motion to amend complaint, Plaintiff is directed to file her amended complaint within five business days of the date of this Order. Plaintiff is directed to file her brief regarding class certification within 45 days from the date of this Order. (Related Doc # 19 ) (Will−Fees, Eva) (Entered: 12/18/2000)

Dec. 18, 2000

Dec. 18, 2000

23

First AMENDED COMPLAINT against Rent−A−Center, Inc.. filed by Gene P Graham Jr of White, Allinder &Graham, LLC on behalf of Margaret Bunch.(Kee, Georgia) (Entered: 12/18/2000)

Dec. 18, 2000

Dec. 18, 2000

24

CERTIFICATE OF SERVICE filed by Mary B. Compton of White, Allinder &Graham, LLC on behalf of Margaret Bunch.(Compton, Mary) (Entered: 12/29/2000)

Dec. 29, 2000

Dec. 29, 2000

25

MOTION to dismiss case Pursuant to Fed. R. Civ. P. 12(b)(1) or, in the Alternative, to Stay Proceedings and Compel Arbitration on behalf of Rent−A−Center, Inc..(Welch, Sara) (Entered: 01/02/2001)

Jan. 2, 2001

Jan. 2, 2001

26

SUGGESTION IN SUPPORT OF Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) or, in the Alternative, to Stay Proceedings and Compel Arbitration (related document(s) 25 ) filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. (Attachments: # 1 Exhibit A)(Welch, Sara) Modified on

Jan. 2, 2001

Jan. 2, 2001

28

SUGGESTIONS IN SUPPORT of Defendant's Motion to Transfer Venue Under 28 U.S.C. Section 1404(a) (related document(s) 27 ) filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. (Attachments: # 1 Exhibit 1)(Welch, Sara) Modified on 1/3/2001 to correct event code (Kee, Georgia). (Entered: 01/02/2001)

Jan. 2, 2001

Jan. 2, 2001

29

ORDER issued by Judge Ortrie D. Smith amending certain deadlines as to the Scheduling and Trial Order dated October 13, 2000.(McIlvain, Kelly) (Entered: 01/11/2001)

Jan. 11, 2001

Jan. 11, 2001

30

SUGGESTIONS IN OPPOSITION TO MOTION TO TRANSFER filed by Courtney Hueser of Klamann &Hubbard, PA on behalf of Margaret Bunch. Reply Suggestions due by 1/29/2001. (Related motion(s) 27 ) (Hueser, Courtney) Modified on 1/17/2001 to correct event code (Kee, Georgia). (Entered: 01/16/2001)

Jan. 16, 2001

Jan. 16, 2001

31

SUGGESTIONS IN OPPOSITION TO MOTION TO COMPEL ARBITRATION filed by Courtney Hueser of Klamann &Hubbard, PA on behalf of Margaret Bunch. Reply Suggestions due by 1/29/2001. (Related motion(s) 25 ) (Hueser, Courtney) Modified on 1/17/2001 to correct event code (Kee, Georgia). (Entered: 01/16/2001)

Jan. 16, 2001

Jan. 16, 2001

32

NOTICE OF FILING Second Interrogatories and Second Request for Production of Documents to Defendant filed by Gene P Graham Jr on behalf of Margaret Bunch.(Graham, Gene) (Entered: 01/23/2001)

Jan. 23, 2001

Jan. 23, 2001

33

MOTION for extension of time in Which to File Reply Suggestions in Support of Its Motion to Dismss or, in the Alternative, to Stay Proceedings and Compel Arbitration, and Its Motion to Change/Transfer Venue on behalf of Rent−A−Center, Inc..(Welch, Sara) Modified on 5/21/2001 to terminate pending motion per Pending motion list(Kee, Georgia). (Entered: 01/26/2001)

Jan. 26, 2001

Jan. 26, 2001

34

REPLY SUGGESTIONS in Support of Defendant's Motion to Transfer Venue Under 28 U.S.C. Section 1404(a) filed by Sara Elizabeth Welch of Stinson, Mag &Fizzell, P.C. on behalf of Rent−A−Center, Inc.. (Related motion(s) 27 ) (Welch, Sara) (Entered: 02/05/2001)

Feb. 5, 2001

Feb. 5, 2001

35

REPLY SUGGESTIONS in Support of Defendant's Motion to Dismiss or Stay Proceedings and Compel Arbitration filed by Sara Elizabeth Welch of Stinson, Mag &Fizzell, P.C. on behalf of Rent−A−Center, Inc.. (Related motion(s) 25 ) (Welch, Sara) (Entered: 02/05/2001)

Feb. 5, 2001

Feb. 5, 2001

36

MOTION for order to Bifurcate Discovery on behalf of Rent−A−Center, Inc..(Welch, Sara) (Entered: 02/05/2001)

Feb. 5, 2001

Feb. 5, 2001

37

SUGGESTIONS IN SUPPORT of Defendant's Motion to Bifurcate Discovery (related document(s) 36 ) Filed by Sara Elizabeth Welch of Stinson, Mag &Fizzell, P.C. on behalf of Rent−A−Center, Inc..(Welch, Sara) (Entered: 02/05/2001)

Feb. 5, 2001

Feb. 5, 2001

38

ORDER issued by Judge Ortrie Smith. Order regarding discovery conference.(Will−Fees, Eva) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

39

SUGGESTIONS IN OPPOSITION to Defendant's Motion to Bifurcate Discovery filed by Courtney Hueser of Klamann &Hubbard, PA on behalf of all plaintiffs. Reply Suggestions due by 2/26/2001. (Attachments: # 1 Notice Regarding Exhibit Attachment) (Related motion(s) 36 ) (Hueser, Courtney) (Entered: 02/14/2001)

Feb. 14, 2001

Feb. 14, 2001

40

CERTIFICATE OF SERVICE of Discovery to Plaintiff Margaret Bunch filed by Sara Elizabeth Welch of Stinson, Mag &Fizzell, P.C. on behalf of Rent−A−Center, Inc..(Welch, Sara) (Entered: 02/21/2001)

Feb. 21, 2001

Feb. 21, 2001

41

ORDER issued by Judge Ortrie Smith. Order regarding discovery disputes.(Will−Fees, Eva) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

42

NOTICE OF DEPOSITION of Associated Personnel Technicians, Inc. on April 5, 2001 (DUECES TECUM PURSUANT TO SUBPOENA) filed by Courtney Hueser of Klamann &Hubbard, PA on behalf of Margaret Bunch.(Hueser, Courtney) (Entered: 03/23/2001)

March 23, 2001

March 23, 2001

43

CERTIFICATE OF SERVICE of Plaintiff's Responses to First Request for Admissions, First Interrogatories, First Request for Production of Documents filed by Gene P Graham Jr of White, Allinder &Graham, LLC on behalf of Margaret Bunch.(Graham, Gene) (Entered: 03/31/2001)

March 31, 2001

March 31, 2001

44

NOTICE OF DEPOSITION of Tim Mayer filed by Gene P Graham Jr of White, Allinder &Graham, LLC on behalf of Margaret Bunch.(Graham, Gene) (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

45

NOTICE OF DEPOSITION of Randy Taylor filed by Gene P Graham Jr of White, Allinder &Graham, LLC on behalf of Margaret Bunch.(Graham, Gene) (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

46

NOTICE OF DEPOSITION of Michael Walters on April 10, 2001 filed by Courtney Hueser of Klamann &Hubbard, PA on behalf of Margaret Bunch.(Hueser, Courtney) (Entered: 04/06/2001)

April 6, 2001

April 6, 2001

47

NOTICE OF DEPOSITION of Sherry Shaumbach filed by Gene P Graham Jr of White, Allinder &Graham, LLC on behalf of Margaret Bunch.(Graham, Gene) (Entered: 04/20/2001)

April 20, 2001

April 20, 2001

48

ORDER issued by Judge Ortrie D. Smith regarding April 9, 2001 discovery conference and amending scheduling and trial order. (McIlvain, Kelly) (Entered: 04/20/2001)

April 20, 2001

April 20, 2001

49

ORDER issued by Judge Ortrie Smith. Denying motion to bifurcate discovery. (Related Doc # 36 ) (Will−Fees, Eva) (Entered: 04/24/2001)

April 24, 2001

April 24, 2001

50

NOTICE OF FILING of Defendants' Objections to Plaintiffs' Federal Rule of Civil Procedure 30(b)(6) Deposition Notice filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc..(Welch, Sara) (Entered: 04/26/2001)

April 26, 2001

April 26, 2001

51

CERTIFICATE OF TRANSMISSION OF DEPOSITION of Randy Taylor filed by Gene P Graham Jr of White, Allinder &Graham, LLC on behalf of Margaret Bunch.(Russel, Jeri) (Entered: 04/30/2001)

April 30, 2001

April 30, 2001

52

MOTION for reconsideration AND SUGGESTIONS IN SUPPORT OF MOTION (related document(s) 48 ) on behalf of Rent−A−Center, Inc.. (Attachments: # 1 Exhibit A: Affidavit of Robert Davis# 2 Exhibit B: Affidvait of Martin B. Roustio# 3 Exhibit C: Affidavit of Marc Tuckey)(Welch, Sara) (Entered: 04/30/2001)

April 30, 2001

April 30, 2001

53

ORDER issued by Judge Ortrie D. Smith, that the parties are to file briefs within 20 days from the date of this order in regard to the subject specified in the order.(McIlvain, Kelly) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

54

ORDER issued by Judge Ortrie Smith. Defendant shall provide the database refered to in this Court's Order of February 13, 2001, with redaction of names, by June 15, 2001.(Will−Fees, Eva) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

55

AMENDED ORDER issued by Judge Ortrie Smith. Defendant shall provide the database referred to in this Court's Order of February 13, 2001, without redaction of names, by June 15, 2001.(Will−Fees, Eva) (Entered: 05/09/2001)

May 9, 2001

May 9, 2001

56

RESPONSE TO MOTION for Reconsideration (Related document(s) 52 filed by Courtney Hueser on behalf of Margaret Bunch. Reply Suggestions due by 5/23/2001. (Attachments: # 1 Exhibit)(Hueser, Courtney) Modified on 5/14/2001 to add related document nubmer (Kee, Georgia). (Entered: 05/11/2001)

May 11, 2001

May 11, 2001

57

MOTION AND ORDER for Pro Hac Vice was filed for Shannon C. Carr (Beard, Melanie) (Entered: 05/17/2001)

May 15, 2001

May 15, 2001

58

MOTION AND ORDER for Pro Hac Vice was filed for Dan C. Dargene. (Beard, Melanie) (Entered: 05/17/2001)

May 15, 2001

May 15, 2001

59

NOTICE OF DEPOSITION of Harry Weisbrod filed by Gene P Graham Jr on behalf of Margaret Bunch. (Graham, Gene) (Entered: 05/18/2001)

May 18, 2001

May 18, 2001

61

SUPPLEMENT Defendant's Supplemental Briefing in Support of its Motion to Dismiss or, in the Alternative, Stay and Compel Arbitration filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5)(Related document(s) 25 ) (Welch, Sara) (Entered: 05/21/2001)

May 21, 2001

May 21, 2001

62

REPLY SUGGESTIONS IN SUPPORT OF DEFENDANT'S MOTION FOR RECONSIDERATION filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. (Attachments: # 1 Exhibit 1: Defendant's Objections to Plaintiffs' Second Request for Production of Documents# 2 Exhibit 2: 2 Letters to Judge Smith re discovery)(Related document(s) 52 ) (Welch, Sara) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

63

ORDER issued by Judge Ortrie Smith. (1) Granting Defendants request to respond to Plaintiff's argument, Defendant has until June 15, 2001 to respond to Plaintiff's new arguments, and (2) suspending the scheduling and trial order. (Will−Fees, Eva) (Entered: 06/08/2001)

June 8, 2001

June 8, 2001

64

SUPPLEMENT Defendant's Response to Plaintiffs' Supplemental Suggestions in Opposition to Defendant's Motion to Compel Arbitration filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit)(Welch, Sara) (Entered: 06/15/2001)

June 15, 2001

June 15, 2001

65

Order issued by Judge Ortrie Smith. Granting motion to dismiss case, or in the alternative, to stay proceedings and compel arbitration. (Related Doc # 25 ) (Will−Fees, Eva) (Entered: 07/18/2001)

July 18, 2001

July 18, 2001

66

ATTORNEY APPEARANCE Entry of Appearance filed by Robert L. Driscoll on behalf of Rent−A−Center, Inc.. (Driscoll, Robert) (Entered: 08/03/2001)

Aug. 3, 2001

Aug. 3, 2001

67

MOTION to join Additional Plaintiff's and Suggestions in Support filed by Courtney Hueser on behalf of Margaret Bunch. suggestions in opposition due by 8/20/2001. (Hueser, Courtney) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

68

MOTION for reconsideration of the Court's Grant of Defendant's Motion to Compel Arbitration filed by Courtney Hueser on behalf of Margaret Bunch. suggestions in opposition due by 8/27/2001. (Related document(s) 65 ) (Hueser, Courtney) (Entered: 08/13/2001)

Aug. 13, 2001

Aug. 13, 2001

69

MOTION for extension of time to file response/reply to Plaintiffs' Motion for Leave to Join Additional Plaintiffs and Plaintiffs' Motion to Reconsider the Court's Grant of Defendant's Motion to Compel Arbitration filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. suggestions in opposition due by 8/28/2001. (Related document(s) 67 , 68 ) (Welch, Sara) (Entered: 08/16/2001)

Aug. 16, 2001

Aug. 16, 2001

70

Order issued by Judge Ortrie Smith. Granting motion for extension of time to file Defendant's opposition to Motion to Join Additional Plaintiffs on or before 09/03/2001 and opposition to Plaintiff's Motion to Reconsider on or before September 10, 2001.(Related Doc # 69 ) (Will−Fees, Eva) (Entered: 08/20/2001)

Aug. 20, 2001

Aug. 20, 2001

71

MOTION for extension of time in Which to Respond to Plaintiffs' Motion for Leave to Join Additional Plaintiffs and Plaintiffs' Motion to Reconsider the Court's Grant of Defendant's Motion to Compel Arbitration filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. suggestions in opposition due by 9/12/2001. (Welch, Sara) (Entered: 08/31/2001)

Aug. 31, 2001

Aug. 31, 2001

72

Order issued by Judge Ortrie Smith. Granting Defendant's motion for extension of time (Related Doc # 71 ) (1) Defendant shall respond to Plaintiffs' Motion for Leave to Join Additional Plaintiffs on or before September 18, 2001. (2) Defendant shall respond to Plaintiffs' Motion to Reconsider the Court's Grant of Defendant's Motion to Compel Arbitration on or before September 24, 2001. (Will−Fees, Eva) (Entered: 09/05/2001)

Sept. 5, 2001

Sept. 5, 2001

74

MOTION to consolidate cases filed by Dirk L. Hubbard on behalf of Margaret Bunch. suggestions in opposition due by 10/1/2001. (Hubbard, Dirk) (Entered: 09/18/2001)

Sept. 18, 2001

Sept. 18, 2001

75

Second MOTION to join Additional Plaintiffs adn Suggestions in Support filed by Dirk L. Hubbard on behalf of Margaret Bunch. suggestions in opposition due by 10/1/2001. (Hubbard, Dirk) (Entered: 09/18/2001)

Sept. 18, 2001

Sept. 18, 2001

76

MOTION for extension of time in Which to Respond to Plaintiffs' Second Motion for Leave to Join Additional Plaintifs and Plaintiffs' Motion to Consolidate filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. suggestions in opposition due by 10/15/2001. (Welch, Sara) (Entered: 10/02/2001)

Oct. 2, 2001

Oct. 2, 2001

77

Order issued by Judge Ortrie Smith. Granting Defendant's unopposed Motion for Extention of Time (Related Doc # 74 ), (Related Doc # 75 ) Defendant shall file its Opposition to Plaintiffs' Second Motion to Join Additional Plaintiffs and Motion to Consolidate on or before October 15, 2001. (Will−Fees, Eva) (Entered: 10/03/2001)

Oct. 3, 2001

Oct. 3, 2001

78

MOTION for extension of time IN WHICH TO RESPOND TO PLAINTIFFS' SECOND MOTION FOR LEAVE TO JOIN ADDITIONAL PLAINTIFFS AND PLAINTIFFS' MOTION TO CONSOLIDATE filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. suggestions in opposition due by 10/29/2001. (Related document(s) 74 , 75 ) (Welch, Sara) (Entered: 10/15/2001)

Oct. 15, 2001

Oct. 15, 2001

79

Order issued by Judge Ortrie Smith. Granting Defendant's motion for extension of time (Related Doc # 78 ) Defendant shall file its Opposition to Plalintiffs' Motion to Join Additional Plaintiffs on or before 10/29/2001. (Will−Fees, Eva) (Entered: 10/22/2001)

Oct. 19, 2001

Oct. 19, 2001

80

MOTION for leave to file Second Amended Class Action Complaint filed by Courtney Hueser on behalf of Margaret Bunch. suggestions in opposition due by 11/5/2001. (Attachments: # 1)(Hueser, Courtney) (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

81

Joint MOTION for order filed by Dirk L. Hubbard on behalf of Margaret Bunch. suggestions in opposition due by 11/12/2001. (Attachments: # 1 Exhibit # 2 Proposed Order)(Hubbard, Dirk) Additional attachment(s) added on 11/1/2001 (Kee, Georgia). (Entered: 10/31/2001)

Oct. 31, 2001

Oct. 31, 2001

Remark: Doc 82, Notice Regarding Exhibit Attachment, deleted as separate entry and attached to Doc. #81. Modified on 11/1/2001 (Kee, Georgia) (Entered: 11/01/2001)

Nov. 1, 2001

Nov. 1, 2001

Remark − Notice of Exhibit Attachment received in paper form in the Clerk's Office (Related documents(s) 81 ) (Kee, Georgia) (Entered: 11/02/2001)

Nov. 2, 2001

Nov. 2, 2001

82

RESPONSE TO MOTION Defendant's Notice of Conditional Non−Objection to Plaintiffs' Pending Motions filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. Reply Suggestions due by 11/19/2001. (Related document(s) 80 ) (Welch, Sara) (Entered: 11/05/2001)

Nov. 5, 2001

Nov. 5, 2001

83

NOTICE OF FILING Intent to Object filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission. (Related document(s) 81 ) (Baran, Andrea) (Entered: 11/05/2001)

Nov. 5, 2001

Nov. 5, 2001

84

MOTION for order Oppose Preliminary Approval of Stipulation and Settlement Agreement, Settlement, Conditional Certification of Settlement Class and Any Action on Such Proposed Settlement and Suggestions in Support Thereof filed by Charles W. German on behalf of Wilfong Plaintiffs. suggestions in opposition due by 11/19/2001. (Related document(s) 81 ) (German, Charles) Wrong document filed, replaced with correct document on 11/6/2001 (Jones, Robin). (Entered: 11/05/2001)

Nov. 5, 2001

Nov. 5, 2001

85

ATTORNEY APPEARANCE filed by Charles W. German on behalf of Wilfong Plaintiffs. (German, Charles) (Entered: 11/05/2001)

Nov. 5, 2001

Nov. 5, 2001

87

NOTICE OF FILING Suggestions in Support of Opposition to Joinder of Plaintiffs filed by Charles W. German on behalf of Wilfong Plaintiffs. (Related document(s) 86 ) (Jones, Robin) Refiled using correct event on 11/9/2001 (Jones, Robin). (Entered: 11/09/2001)

Nov. 8, 2001

Nov. 8, 2001

88

MOTION to stay OR ABSTAIN, MOTION TO REJECT ON ITS FACE THE JOINT MOTIONS FOR CERTIFICATION OF CLASS AND APPROVAL OF SETTLEMENT, ALTERNATIVE MOTION FOR DISCOVERY AND HEARING ON CLASS CERTIFICATION, AND NOTICE AND SUGGESTIONS IN SUPPORT THEREOF filed by Charles W. German on behalf of Wilfong Plaintiffs. suggestions in opposition due by 11/21/2001. (German, Charles) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

89

MOTION to intervene and suggestions in support thereof filed by Charles W. German on behalf of Wilfong Plaintiffs. suggestions in opposition due by 11/21/2001. (German, Charles) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

90

MOTION for excess pages and suggestions in support in excess of 15 pages filed by Charles W. German on behalf of Wilfong Plaintiffs. suggestions in opposition due by 11/21/2001. (German, Charles) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

91

NOTICE OF FILING Objections and Request for Hearing on Joint Motion for Preliminary Approval of Stipulation and Settlement Agreement filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission. (Attachments: # 1 Notice Regarding Exhibit Attachment)(Related document(s) 81 ) (Baran, Andrea) Modified on 11/13/2001 to reflect documents received in Clerk's Office (Jones, Robin). (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

92

Order issued by Judge Ortrie Smith. Granting motion to join (Related Doc # 67 ), granting motion for reconsideration (Related Doc # 68 ), granting motion to join (Related Doc # 75 ), granting motion for leave to file (Related Doc # 80 ) The cases Bunch v. Rent−A−Center, 00−0364−CV−W−3−ECF and Levings v. Rent−A−Center, 00−0596−CV−W−3−ECF are hereby consolidated. Future documents filed in case # 00−0364−CV−W−3−ECF, staying cases and granting Defendant's Motion to Compel Arbitration. (Will−Fees, Eva) Additional attachment(s) added on 11/13/2001 (Kee, Georgia). (Entered: 11/13/2001)

Nov. 9, 2001

Nov. 9, 2001

93

MOTION for reconsideration OF ORDER GRANTING MOTION TO JOIN ADDITIONAL PLAINTIFFS, MOTION FOR RECONSIDERATION, MOTION TO CONSOLIDATE AND MOTION TO FILE SECOND AMENDED COMPLAINT filed by Charles W. German on behalf of Wilfong Plaintiffs. suggestions in opposition due by 11/26/2001. (Related document(s) 92 ) (German, Charles) (Entered: 11/13/2001)

Nov. 13, 2001

Nov. 13, 2001

THE CASES BUNCH V. RENT−A−CENTER, 00−0364−CV−W−3−ECF AND LEVINGS V. RENT−A−CENTER, 00−596−CV−W−3−ECF ARE CONSOLIDATED. FUTURE DOCUMENTS ARE TO BE FILED IN CASE 00−364−CV−W−3−ECF. (Jones, Robin) (Entered: 11/14/2001)

Nov. 13, 2001

Nov. 13, 2001

94

MOTION to change/transfer venue (INTERVENORS') filed by Charles W. German on behalf of Wilfong Plaintiffs. suggestions in opposition due by 11/26/2001. (German, Charles) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

95

SUGGESTIONS IN SUPPORT OF INTERVENORS' MOTION TO TRANSFER filed by Charles W. German on behalf of Wilfong Plaintiffs. (German, Charles) Modified on 11/16/2001 to add Notice Regarding Exhibit Attachment and reflect that exhibits received in the Clerk's Office (Jones, Robin). (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

96

MOTION AND ORDER for Pro Hac Vice granting appearance of Attorney Jerome J. Schlichter for Wilfong Plaintiffs, Jon A. Ray for Wilfong Plaintiffs Fee paid; receipt number 193925. (Beard, Melanie) (Entered: 11/15/2001)

Nov. 14, 2001

Nov. 14, 2001

98

SUGGESTIONS IN SUPPORT of Joint Motion for Preliminary Approval of Class Action Settlement filed by John M Klamann on behalf of Margaret Bunch. (Attachments: # 1 Notice Regarding Exhibit Attachment)(Klamann, John) Modified on 11/16/2001 to reflect exhibits received in Clerk's Office (Jones, Robin). (Entered: 11/15/2001)

Nov. 15, 2001

Nov. 15, 2001

Document #99(Motion and Order for Pro Hac Vice) was deleted by the Clerk's Office due to filing error. REMARK (Related documents(s) 96 ) (Beard, Melanie) (Entered: 11/16/2001)

Nov. 16, 2001

Nov. 16, 2001

99

MOTION to strike Proposed Intervenors' (Wilfong Plaintiffs') Motions and Suggestions in Support of Wilfong Plaintiffs' Motions (Doc 84, 88, 93, 94 and 95 filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. suggestions in opposition due by 11/28/2001. (Welch, Sara) (Entered: 11/16/2001)

Nov. 16, 2001

Nov. 16, 2001

100

MOTION to strike EEOC's Objections and Request for Hearing on Joint Motion for Preliminary Approval of Stipulation and Settlement and to Set Hearing on Proposed Settlement Doc 91 and Supporting Suggestions filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. suggestions in opposition due by 11/28/2001. (Welch, Sara) (Entered: 11/16/2001)

Nov. 16, 2001

Nov. 16, 2001

101

SUGGESTIONS IN OPPOSITION To Motion for Limited Intervention filed by Sara Elizabeth Welch on behalf of Rent−A−Center, Inc.. Reply Suggestions due by 11/28/2001. (Attachments: # 1 Exhibit A and B)(Related document(s) 89 ) (Welch, Sara) (Entered: 11/16/2001)

Nov. 16, 2001

Nov. 16, 2001

Case Details

State / Territory: Missouri

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 19, 2000

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All females who worked at, applied for work, and/or who attempted to apply but were affirmatively discouraged by the Defendant from applying for work at any Rent-A-Center, Rent-A-Center, Inc., or Renters Choice, Inc. store in the United States or any of its territories, at any time between April 19, 1998 and October 1, 2001 . . . except any female employed as a Market Manager and/or Regional Director.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

RENT-A-CENTER, INC., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2,650,000

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Hiring

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

Pay / Benefits

Promotion

Testing

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

EEOC Intervened in Private Suit

Private Suit Related / Consolidated with EEOC Suit