Case: Lucas v. Kmart Corp.

1:99-cv-01923 | U.S. District Court for the District of Colorado

Filed Date: Oct. 1, 1999

Closed Date: Oct. 25, 2014

Clearinghouse coding complete

Case Summary

On October 1, 1999 several disabled plaintiffs brought a national class action in the United States District Court for the District of Colorado against Kmart for violating the Americans with Disabilities Act and the Colorado Anti-Discrimination Act. The case was heard by Judge John L. Kane. Specifically, Plaintiffs alleged Kmart provided "insufficient parking for persons with disabilities, has counters that are too high for persons who use wheelchairs, fails to provide accessible check-out aisl…

Specifically, Plaintiffs alleged Kmart provided "insufficient parking for persons with disabilities, has counters that are too high for persons who use wheelchairs, fails to provide accessible check-out aisles to persons who use wheelchairs, fails to provide accessible fitting rooms and blocks access to merchandise aisles for persons who use wheelchairs," all in violation of the Americans with Disabilities Act, 42 U.S.C. § 12182 et seq. (ADA) and the Colorado Anti-Discrimination Act, C.R.S. § 24-34-601 et seq. (CADA).

A Second Amended Complaint, filed on March 22, 2006, added additional individuals to represent a sub-class of persons similarly situated who resided in states with statutory damages statutes, adding claims for damages under these state laws, the California Unruh Civil Rights Act and the California Disabled Persons Act, Cal. Civ. Code §§ 51(b) & 54.1, Hawaii's Chapter 489, Haw. Rev. Stat. § 489 et seq., the Texas Human Resource Code, Tex Hum. Res. Code Ann. § 121.001 et seq., the Massachusetts Anti-discrimination law, Mass. Gen. Laws ch. 272, §§ 98 and 92A, the New York Civil Rights Law, N.Y. Civ. Rights § 40 et seq., and N.Y. Exec § 296(2)(a), and the Oregon Unlawful Discrimination against Disabled People, Or. Rev. Stat. § 659A.142(3).

The plaintiffs requested declaratory and injunctive relief ordering Kmart to bring its stores into compliance with the ADA. They also requested statutory damages under the state statutes and attorneys' fees and costs.

In January 2002, Kmart sought bankruptcy protection in the United States Bankruptcy Court for the Northern District of Illinois, Chief Judge Susan Pierson Sonderby. Although this action temporarily halted the plaintiffs' case, the District of Colorado allowed the action to continue after Kmart emerged from bankruptcy in May 2003.

On July 13, 2005, the court certified a settlement class consisting of "[a]ll persons who, at any time from May 6, 2003 through the Term of this Agreement, used, use or will use wheelchairs or scooters for mobility and who shopped or shop at any Kmart Store or any Closed Kmart Store or who allege they would shop or would have shopped at one or more Kmart Stores or Closed Kmart Stores but for allegedly being denied on the basis of disability the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such Kmart Store(s) or Closed Kmart Store(s)." 2005 WL 1648182.

On February 9, 2006, the parties reached a settlement that required Kmart to bring all its stores into compliance with Department of Justice standards for accessibility, increase aisle space, widen aisles, improve restrooms, and many other changes. Monitoring would be done by mystery shoppers, customer feedback, and comment forms. The settlement created a $13 million dollar damages pool ($5m in gift cards, $8m in cash) from which statutory damages would be deducted. Kmart was also obliged to pay $10,000 each to the original three plaintiffs and $1000 to the five additional plaintiffs who were added, as well as $3.25 million in attorney's fees and costs, and additional costs of administering the settlement. The court approved the settlement on March 22, 2006. 234 F.R.D. 688.

On the same day, the Court certified a "Damages Settlement Sub-Class" consisting of the class members residing in states with damages statutes and who shopped or would have shopped but for lack of accommodations in Kmarts in California, Colorado, Hawaii, Massachusetts, New York, Oregon or Texas. The $13 million damages pool was to go to members of the sub class, who could recover for a maximum of two visits to Kmart, for amounts under state law. 2006 WL 722163. Later that year, on July 27, the court granted the plaintiffs' unopposed motion for attorney's fees, awarding additional fees up to $248,312.56 plus any future cost of implementing the agreement. 2006 WL 2729260.

On June 29, 2009, the Court granted a joint motion to amend the settlement. The parties amended the agreement to permit Kmart to reduce the number of stores to be retrofitted during the period between May 8, 2009 and May 8, 2010 from 215 to 150.

On July 25, 2011, the parties filed a motion to modify the settlement agreement, which was approved by Judge Kane on August 10, 2011. The modified settlement agreement stipulated that Kmart would remedy 130 stores from May 9, 2012-May 8, 2013, 130 stores from May 9, 2013-May 8, 2014, and 84 stores between May 9, 2014-May 8, 2015.

As of December 31, 2023, there have been no docket entries in the case since 2014 and it is presumed closed.

Summary Authors

Eric Weiler (5/26/2010)

Venesa Haska (12/31/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4196797/parties/lucas-v-kmart-corporation/

Judge(s)

Attorney for Plaintiff

Breeskin, Michael Wayne (Colorado)

Cavazos, L Javier (Texas)

East, Brian D. (Texas)

Attorney for Defendant

Connolly, Walter B. Jr. (Michigan)

de Castro, Jose-Manuel A. (California)

Expert/Monitor/Master/Other

Judge(s)

Kane, John L. Jr. (Colorado)

Shaffer, Craig B. (Colorado)

Attorney for Plaintiff

Breeskin, Michael Wayne (Colorado)

Cavazos, L Javier (Texas)

East, Brian D. (Texas)

Fox, Timothy Patrick (Colorado)

Greenberger, Steven R (Illinois)

Lawson, Antonio (California)

LeCuyer, Stephen T. (New Mexico)

Lee, Bill Lann (California)

Mayeda, Mari (California)

Mettler, Earl R. (New Mexico)

Robertson, Amy Farr (Colorado)

Teague, James Earl (Texas)

Vaughn, Denette (Texas)

Williams, Kevin William (Colorado)

Attorney for Defendant

Connolly, Walter B. Jr. (Michigan)

de Castro, Jose-Manuel A. (California)

Gutierrez, Steven M. (Colorado)

Kaufmann, Steven M (Colorado)

Koplow, Meyer G. (New York)

McDowell, David F. (California)

Medina, Mark E. (Colorado)

Mill, John William (Colorado)

Miller, Lori K. (Illinois)

Mintz, Shana T. (California)

Naeve, Robert A (California)

Olsen, Theodore Alan (Colorado)

Treece, Lawrence W. (Colorado)

Other

Miller, Marc (Colorado)

Quintana, Richard (Colorado)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

05-00504	Docket - Court of Appeals Lucas, et al v. Kmart Corp.	Sept. 6, 2005	Sept. 6, 2005 Docket
05-01411	Docket - Court of Appeals Lucas, et al v. Kmart Corp. U.S. Court of Appeals for the Tenth Circuit	Sept. 10, 2007	Sept. 10, 2007 Docket
1:99-cv-01923	Docket Lucas, et al v. Kmart Corp.	Sept. 9, 2009	Sept. 9, 2009 Docket
1:99-cv-01923	Amended Class Action Complaint Lucas, et al v. Kmart Corp.	April 27, 2000	April 27, 2000 Complaint
84 1:99-cv-01923	Plaintiffs' Substituted Memorandum In Support Of Motion For Class Certification Lucas, et al v. Kmart Corp.	July 13, 2001	July 13, 2001 Pleading / Motion / Brief
120 1:99-cv-01923	Plaintiffs' Reply Memorandum In Support Of Motion For Class Certification Lucas, et al v. Kmart Corp.	Dec. 3, 2001	Dec. 3, 2001 Pleading / Motion / Brief
157 1:99-cv-01923	Plaintiffs' Supplemental Pleading Regarding Bankruptcy, Class Certification And Attorneys' Fees Lucas, et al v. Kmart Corp.	July 14, 2003	July 14, 2003 Pleading / Motion / Brief
192 1:99-cv-01923	Order Granting Plaintiffs' Motion For Class Certification	July 13, 2005	July 13, 2005 Order/Opinion 2005 WL 1648182
215-1 1:99-cv-01923	Settlement Agreement Lucas, et al v. Kmart Corp.	March 13, 2006	March 13, 2006 Settlement Agreement
217 1:99-cv-01923	Order Granting Joint Motion for Preliminary Approval of Settlement Agreement Lucas v. Kmart	March 22, 2006	March 22, 2006 Order/Opinion 234 F.R.D. 688

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4196797/lucas-v-kmart-corporation/

Last updated July 22, 2026, 5:16 a.m.

ECF Number	Date	Description	Link
1	Oct. 1, 1999	COMPLAINT (Summons(es) issued) (former empl) (Entered: 10/04/1999)	RECAP
	Oct. 1, 1999	FILING FEE PAID: on 10/1/99 in the amount of $ 150, receipt # 209954. (former empl)
2	Oct. 19, 1999	RETURN OF SERVICE of Summons and Complaint upon Cindy Krehmeyer (clerk authorized to accept service for The Corp Co, reg agent) for defendant Kmart Corporation on 10/14/99 (former empl) (Entered: 10/20/1999)	RECAP
3	Nov. 3, 1999	Unopposed MOTION by defendant to extend time to 11/23/99 to answer (former empl) (Entered: 11/04/1999)	RECAP
4	Nov. 4, 1999	MINUTE ORDER by Judge John L. Kane granting motion to extend time to 11/23/99 to answer [3-1] (cc: all counsel) entry date : 11/5/99 (former empl) (Entered: 11/05/1999)	RECAP
5	Nov. 23, 1999	2nd Unopposed MOTION by defendant to extend time to 12/14/99 to answer (former empl) (Entered: 11/24/1999)	RECAP
6	Nov. 24, 1999	MINUTE ORDER : by Judge John L. Kane granting dft's second motion to extend time to 12/14/99 to answer [5-1] (cc: all counsel) ; entry date : 11/26/99 (lam) (Entered: 11/26/1999)	RECAP
7	Dec. 14, 1999	ANSWER & Affirmative Defenses by defendant to complaint [1-1] (former empl) (Entered: 12/15/1999)	RECAP
8	Dec. 17, 1999	Minute ORDER FOR RULE 16 CONFERENCE by Judge John L. Kane ; Rule 16 conference set for 9:30 2/10/00 (cc: all counsel) (former empl) (Entered: 12/20/1999)	RECAP
9	Feb. 10, 2000	NOTICE of Change of Address of Fox & Robertson by plaintiff (former empl) (Entered: 02/14/2000)	RECAP
10	Feb. 10, 2000	COURTROOM MINUTES OF SCHED CONF by Judge John L. Kane rule 16 conf held on 2/10/00 ; entry date : 2/14/00 Court Reporter: Adrienne Whitlow (former empl) (Entered: 02/14/2000)	RECAP
11	Feb. 11, 2000	Stipulated SCHEDULING & Discovery ORDER Judge John L. Kane discovery cutoff 7/31/00; dispositive motions due 8/30/00 (cc: all counsel) (former empl) (Entered: 02/15/2000)	RECAP
12	March 21, 2000	Unopposed MOTION by defendant Kmart Corporation to extend time to serve responses to discovery reqs to 4/4/00 (lam) (Entered: 03/23/2000)	RECAP
13	March 22, 2000	MINUTE ORDER : by Judge John L. Kane granting dft's unopposed motion to extend time to serve responses to discovery reqs to 4/4/00 [12-1] (cc: all counsel) ; entry date : 3/24/00 (lam) (Entered: 03/24/2000)	RECAP
14	April 4, 2000	Unopposed second MOTION by defendant Kmart Corporation to extend time serve responses to pltf's first set of written discovery (former empl) (Entered: 04/07/2000)	RECAP
15	April 5, 2000	MINUTE ORDER : by Judge John L. Kane granting to/including 4/11/00 dft's motion to extend time serve responses to pltf's first set of written discovery [14-1] (cc: all counsel) ; entry date : 4/7/00 (former empl) (Entered: 04/07/2000)	RECAP
16	April 20, 2000	Unopposed MOTION by defendant Kmart Corporation to refer to Mag Judge for settlement purposes (lam) (Entered: 04/21/2000)	RECAP
17	April 21, 2000	ORDER stmlt Case referred to Magistrate Judge Bruce D. Pringle by Judge John L. Kane (cc: to counsel) (gms) (Entered: 04/24/2000)	RECAP
18	April 24, 2000	MINUTE ORDER : by Magistrate Judge Bruce D. Pringle ; settlement conf set for 9:00 6/13/00 (cc: all counsel) ; entry date : 4/28/00 (gms) (Entered: 04/28/2000)	RECAP
19	April 27, 2000	ATTORNEY APPEARANCE for plaintiff by Michael Wayne Breeskin & Amy F. Robertson (gms) (Entered: 04/28/2000)	RECAP
20	April 27, 2000	MOTION by plaintiff for lv to amend class action cmp w/ cert of compliance (gms) (Entered: 04/28/2000)	RECAP
21	April 27, 2000	MINUTE ORDER : by Judge John L. Kane. Deft to respond to pltf's [20-1] motion for lv to amend class action cmp by 5/4/00 (cc: all counsel) entry date : 4/28/00 (gms) (Entered: 04/28/2000)	RECAP
	April 27, 2000	Tendered Amended Class Action Cmp submitted by plaintiff re: motion for lv to amend class action cmp [20-1] (gms)
22	May 2, 2000	MINUTE ORDER by Magistrate Judge Bruce D. Pringle stlmt conf reset for 9:30 6/28/00 (cc: all counsel) ; entry date : 5/4/00 (former empl) (Entered: 05/04/2000)	RECAP
23	May 4, 2000	MOTION by defendant for extension of time to resp to motion to amd cmp to 5/10/00 (gms) (Entered: 05/08/2000)	RECAP
24	May 5, 2000	MINUTE ORDER : by Judge John L. Kane granting deft's motion for extension of time to resp to motion to amd cmp to 5/10/00 [23-1], regarding [20-1] motion for lv to amend class action cmp (cc: all counsel) ; entry date : 5/8/00 (gms) (Entered: 05/08/2000)	RECAP
25	May 10, 2000	RESPONSE by defendant in opposition to motion for lv to amend class action cmp [20-1] (gms) (Entered: 05/12/2000)	RECAP
26	May 11, 2000	NOTICE of Change of Address of Kevin W. Williams by plaintiff (gms) (Entered: 05/12/2000)	RECAP
27	May 11, 2000	Unopposed MOTION by plaintiff for leave to file reply to motion for lv to amd class action cmp w/ cert of compliance (gms) (Entered: 05/12/2000)	RECAP
28	May 12, 2000	MINUTE ORDER by Judge John L. Kane granting motion for leave to file reply to motion for lv to amd class action complaint [27-1] to 5/26/00, regarding [20-1] motion for lv to amend class action cmp (cc: all counsel) ; entry date : 5/15/00 (former empl) (Entered: 05/15/2000)	RECAP
29	May 22, 2000	MINUTE ORDER by Magistrate Judge Bruce D. Pringle status / settlement conf reset for 3:00 6/30/00 (cc: all counsel) ; entry date : 5/23/00 (former empl) (Entered: 05/23/2000)	RECAP
30	May 25, 2000	MINUTE ORDER by Magistrate Judge Bruce D. Pringle settlement conf reset for 10:30 8/8/00 (cc: all counsel) ; entry date : 5/26/00 (former empl) (Entered: 05/26/2000)	RECAP
31	May 25, 2000	REPLY by plaintiff in support of motion for lv to amend class action cmp [20-1] (former empl) (Entered: 05/26/2000)	RECAP
32	May 30, 2000	MINUTE ORDER by Judge John L. Kane granting motion for lv to amend class action cmp [20-1] (cc: all counsel) ; entry date : 6/1/00 (former empl) (Entered: 06/01/2000)	RECAP
33	May 30, 2000	AMENDED Class Action COMPLAINT [1-1]; adding plaintiff Debbie Lane, Julie Reiskin (former empl) (Entered: 06/01/2000)	RECAP
34	June 9, 2000	Unopposed MOTION by defendant to extend time to 6/29/00 to answer amd complaint (former empl) (Entered: 06/12/2000)	RECAP
35	June 12, 2000	MINUTE ORDER : by Judge John L. Kane granting motion to extend time to 6/29/00 to answer amd complaint [34-1] (cc: all counsel) ; entry date : 6/13/00 (gms) (Entered: 06/13/2000)	RECAP
36	June 13, 2000	AMENDED CERTIFICATE OF SERVICE by defendant Kmart Corporation to motion to extend time to 6/29/00 to answer amd complaint [34-1] (former empl) (Entered: 06/15/2000)	RECAP
37	June 14, 2000	MINUTE ORDER : by Judge John L. Kane granting motion to extend time to 6/29/00 to answer amd complaint [34-1] (cc: all counsel) ; entry date : 6/15/00 (former empl) (Entered: 06/15/2000)	RECAP
38	June 16, 2000	Joint MOTION by plaintiffs, defendant, plaintiff to amend stipulated scheduling & discovery order (gms) (Entered: 06/19/2000)	RECAP
39	June 19, 2000	MINUTE ORDER : by Judge John L. Kane granting jt motion to amend stipulated scheduling & discovery order [38-1] regarding [11-1] schedule order ; discovery ddl set 1/31/01 ; disp mtn ddl set 2/28/01 (cc: all counsel) ; entry date : 6/20/00 (gms) (Entered: 06/20/2000)	RECAP
40	June 29, 2000	ANSWER by defendant to amd complaint [33-1] (former empl) (Entered: 06/30/2000)	RECAP
41	Aug. 1, 2000	MOTION by defendant for extension to time to file answers to plaintiff's second set of interrogatories and responses to requests for production of documents to 8/15/00 (former empl) (Entered: 08/02/2000)	RECAP
42	Aug. 2, 2000	MINUTE ORDER : by Judge John L. Kane granting motion for extension to time to file answers to plaintiff's second set of interrogatories and responses to requests for production of documents to 8/15/00 [41-1] (cc: all counsel) ; entry date : 8/3/00 (former empl) (Entered: 08/03/2000)	RECAP
43	Aug. 3, 2000	MOTION by defendant for withdrawal and substitution of counsel (former empl) (Entered: 08/04/2000)	RECAP
44	Aug. 3, 2000	Unopposed MOTION by defendant to vacate and reschedule settlement/status conference (former empl) (Entered: 08/04/2000)	RECAP
45	Aug. 4, 2000	MEMORANDUM by Judge John L. Kane referring to Magistrate Judge Bruce D. Pringle the motion to vacate and reschedule settlement/status conference [44-1] (former empl) (Entered: 08/04/2000)	RECAP
46	Aug. 4, 2000	MINUTE ORDER : by Judge John L. Kane granting motion for withdrawal and substitution of counsel [43-1] withdrawing attorney Steven M. Gutierrez for Kmart Corporation (cc: all counsel) ; entry date : 8/7/00 (gms) (Entered: 08/07/2000)	RECAP
47	Aug. 30, 2000	MOTION by plas Carrie Ann Lucas, Debbie Lane, Julie Reiskin to extend the deadline to amend pleadings and join parties to 11/30/00 (former empl) (Entered: 08/31/2000)	RECAP
48	Aug. 30, 2000	MOTION by defendant to amend answer [40-1] to amended class action amended complaint and affirmative defenses (former empl) (Entered: 08/31/2000)	RECAP
49	Aug. 31, 2000	Addendum (APPENDIX) filed by plas Carrie Ann Lucas, Debbie Lane, Julie Reiskin to plas' motion to extend the deadline to amend pleadings and join parties to 11/30/00 [47-1] (former empl) (Entered: 08/31/2000)	RECAP
50	Aug. 31, 2000	Amended CERTIFICATE OF MAILING BY plas of motion to extend the deadline to amend pleadings and join parties to 11/30/00 to show service on Theodore A. Olsen, Esq. [47-1] (former empl) (Entered: 08/31/2000)	RECAP
51	Sept. 1, 2000	MINUTE ORDER : by Judge John L. Kane granting plas motion to extend the deadline to amend pleadings and join parties to 11/30/00 [47-1], granting dft's motion to amend answer [40-1] to amended class action amended complaint and affirmative defenses [48-1] (cc: all counsel) ; entry date : 9/5/00 (former empl) (Entered: 09/05/2000)	RECAP
52	Sept. 27, 2000	MINUTE ORDER : by Magistrate Judge Bruce D. Pringle each party shall file supplemental confidential settlement statements by 1/31/01 (cc: all counsel) ; entry date : 9/27/00 (former empl) (Entered: 09/27/2000)	RECAP
53	Nov. 27, 2000	ATTORNEY APPEARANCE for defendant by Walter B. Connolly Jr. (former empl) (Entered: 11/28/2000)	RECAP
54	Dec. 1, 2000	Unopposed MOTION by plaintiffs to amend stip schedule order [11-1] and discovery order (former empl) (Entered: 12/04/2000)	RECAP
55	Dec. 5, 2000	MINUTE ORDER : by Judge John L. Kane granting pla's unopposed motion to amend stip schedule order [11-1] and discovery order [54-1] ; discovery ddl set 7/31/01 ; disp mtn ddl set 8/31/01 (cc: all counsel) ; entry date : 12/6/00 (former empl) (Entered: 12/06/2000)	RECAP
56	Jan. 8, 2001	MINUTE ORDER : by Judge John L. Kane Case referred to Magistrate Judge Craig B. Shaffer (cc: all counsel) ; entry date : 1/9/01 (former empl) (Entered: 01/09/2001)	RECAP
57	Jan. 30, 2001	ATTORNEY APPEARANCE for defendant by Shana T. Mintz (former empl) (Entered: 01/31/2001)	RECAP
58	Feb. 20, 2001	NOTICE of Change of Address of Carrie Ann Lucas by plaintiff (former empl) (Entered: 02/22/2001)	RECAP
59	March 9, 2001	Joint MOTION by plaintiffs, defendant for order to increase numerical limitation on depos (former empl) (Entered: 03/12/2001)	RECAP
60	March 13, 2001	MINUTE ORDER : by Judge John L. Kane granting motion for order to increase numerical limitation on depos [59-1] as set forth (cc: all counsel) ; entry date : 3/14/01 (former empl) (Entered: 03/14/2001)	RECAP
61	May 7, 2001	ATTORNEY APPEARANCE for plaintiffs by Brian East (former empl) (Entered: 05/07/2001)	RECAP
62	May 9, 2001	ATTORNEY APPEARANCE for plaintiffs by Steven R. Greenberger (former empl) (Entered: 05/10/2001)	RECAP
63	May 25, 2001	PROTECTIVE ORDER by Judge John L. Kane : (cc: all counsel) (former empl) (Entered: 05/29/2001)	RECAP
64	May 25, 2001	JOINT MOTION to Amend Stipulated Scheduling and Discovery Order (former empl) (Entered: 05/29/2001)	RECAP
65	June 5, 2001	MINUTE ORDER : by Judge John L. Kane granting motion to Amend Stipulated Scheduling and Discovery Order [64-1] ; discovery ddl set 10/31/01 ; disp mtn ddl set 11/30/01 (cc: all counsel) ; entry date : 6/5/01 (former empl) (Entered: 06/05/2001)	RECAP
66	June 7, 2001	MOTION by plaintiff for Class Certification (former empl) (Entered: 06/08/2001)	RECAP
67	June 7, 2001	SEALED Memorandum by plaintiff in support of motion for Class Certification [66-1] (placed in the Sealed Area of the Exhibit Room) (former empl) (Entered: 06/08/2001)	RECAP
68	June 7, 2001	APPENDIX filed by plaintiff to brief [67-1] Volumes I thru IV with SEALED Tabs 9-13, 14 & 15. The Sealed Tabs were placed in the Sealed Area of the Exhibit Room. The remaining Appendix was placed on an Exhibit Room shelf as an oversized document. (former empl) (Entered: 06/08/2001)	RECAP
69	June 8, 2001	MINUTE ORDER : by Judge John L. Kane regarding [66-1] motion for Class Certification - response from Dft due 7/9/01 & Pltf's reply due 7/30/01. (cc: all counsel) ; entry date : 6/8/01 (former empl) (Entered: 06/08/2001)	RECAP
70	June 11, 2001	ATTORNEY APPEARANCE for plaintiff by James Earl Teague (former empl) (Entered: 06/11/2001)	RECAP
71	June 11, 2001	ATTORNEY APPEARANCE for plaintiff by Denette Vaughn (former empl) (Entered: 06/11/2001)	RECAP
72	June 14, 2001	ATTORNEY APPEARANCE for plaintiff by Earl - Mettler (former empl) (Entered: 06/14/2001)	RECAP
73	June 20, 2001	ATTORNEY APPEARANCE for plaintiffs by Stephen T. LeCuyer (former empl) Modified on 06/21/2001 (Entered: 06/21/2001)	RECAP
74	June 21, 2001	MOTION by plaintiffs UNSEAL as to Plaintiffs Memo in Support of Mtn for Class Certification [67-1] (former empl) (Entered: 06/22/2001)	RECAP
75	June 25, 2001	MINUTE ORDER : by Judge John L. Kane granting motion UNSEAL as to Plaintiffs Memo in Support of Mtn for Class Certification [67-1] [74-1] (cc: all counsel) ; entry date : 6/27/01 NOTE: doc. #67 was removed from the sealed area and placed in the public file (former empl) Modified on 06/27/2001 (Entered: 06/27/2001)	RECAP
76	June 26, 2001	MOTION by defendant Kmart Corporation to Defer Deadline for Opposition to Pltfs' Motion for Class Certification [66-1] (former empl) (Entered: 06/27/2001)	RECAP
77	June 26, 2001	SUPPLEMENTAL Deposition Page Citations by defendant Kmart Corporation to motion to Defer Deadline for Opposition to Pltfs' Motion for Class Certification [66-1] [76-1] (former empl) (Entered: 06/27/2001)	RECAP
78	June 27, 2001	MINUTE ORDER : by Judge John L. Kane regarding [76-1] motion to Defer Deadline for Opposition to Pltfs' Motion for Class Certification [66-1] - Pltf shall respond by 7/16/01 and Dfts shall reply by 7/26/01 (cc: all counsel) ; entry date 6/28/01 (former empl) (Entered: 06/28/2001)	RECAP
79	June 28, 2001	MOTION by defendant Kmart Corporation to clarify minute order [78-1] (former empl) (Entered: 06/28/2001)	RECAP
80	June 29, 2001	MINUTE ORDER : by Judge John L. Kane referring to motion to clarify minute order [78-1] [79-1] the current ddl is stayed pending briefing and ruling on the mtn to defer (cc: all counsel) ; entry date : 6/29/01 (former empl) (Entered: 06/29/2001)	RECAP
81	July 2, 2001	JOINT MOTION to Resolve Dft's Mtn to Defer Deadline for Opposition to Pltfs' Mtn for Class Certification to permit KMart to w/draw its Mtn to Defer, to permit Pltfs to resubmit their Memo in Support of Mtn for Class Certification and three of the exhibits in the Appendix thereto, to adopt the briefing sched proposed by the parties, and to accept the other terms set forth in this motion (former empl) (Entered: 07/03/2001)	RECAP
82	July 9, 2001	ATTORNEY APPEARANCE for plaintiff by L. Javier Cavazos (former empl) (Entered: 07/09/2001)	RECAP
83	July 10, 2001	MINUTE ORDER : by Judge John L. Kane granting motion to Resolve Dft's Mtn to Defer Deadline for Opposition to Pltfs' Mtn for Class Certification [81-1] - the court orders 1. Mtn to Defer Ddl is denied as moot, 2. Pltfs have until 7/13/01 to resubmit their Memo in Support of Mtn for Class Cert, 3. Dft shall respond by 8/10/01 and 4. Pltfs have until 9/7/01 to reply (cc: all counsel) ; entry date : 7/10/01 (former empl) (Entered: 07/10/2001)	RECAP
84	July 13, 2001	Substituted Memorandum by plaintiffs in support of motion for Class Certification [66-1] (Oversized Document Placed in the Exhibit Room) (former empl) (Entered: 07/13/2001)	Clearinghouse
85	July 30, 2001	ATTORNEY APPEARANCE for defendant Kmart Corporation by Jose Manuel de Castro (former empl) (Entered: 07/31/2001)	RECAP
86	Aug. 10, 2001	RESPONSE Memorandum in Opposition by defendant to motion for Class Certification [66-1] (former empl) (Entered: 08/13/2001)	RECAP
87	Aug. 10, 2001	DECLARATION of Ann Morgan by defendant re: motion response [86-1] (former empl) (Entered: 08/13/2001)	RECAP
88	Aug. 10, 2001	DECLARATION of Joyce E. Tucker and Heidi L. Van by defendant re: motion response [86-1] (former empl) (Entered: 08/13/2001)	RECAP
89	Aug. 10, 2001	DECLARATION of Laurie Muhn by defendant re: motion response [86-1] (Exhibit 2 is a Video Tape which was placed in the Exhibit Room) (former empl) (Entered: 08/13/2001)	RECAP
90	Aug. 10, 2001	SEALED DECLARATION of Michael Francis by defendant re: motion response [86-1] (Filed Under Seal and Placed in the Sealed Area of the Exhibit Room) (former empl) (Entered: 08/13/2001)	RECAP
91	Aug. 10, 2001	SEALED DECLARATION of Robert D. Frame by defendant re: motion response [86-1] (Filed Under Seal and Placed in the Sealed Area of the Exhibit Room) (former empl) (Entered: 08/13/2001)	RECAP
92	Aug. 10, 2001	SEALED DECLARATION of Roberta Kaselitz by defendant re: motion response [86-1] (Filed Under Seal and Placed in the Sealed Area of the Exhibit Room) (former empl) (Entered: 08/13/2001)	RECAP
93	Aug. 10, 2001	DECLARATION of Bruce Glasser by defendant re: motion response [86-1] (Large Document Placed in the Exhibit Room) (former empl) (Entered: 08/13/2001)	RECAP
94	Aug. 10, 2001	DECLARATION of KMart Store Managers by defendant re: motion response [86-1] (Large Document Placed in the Exhibit Room) (former empl) (Entered: 08/13/2001)	RECAP
95	Aug. 10, 2001	DECLARATION of Shana T. Mintz by defendant re: motion response [86-1] (Large Document Placed in the Exhibit Room) (former empl) (Entered: 08/13/2001)	RECAP
96	Aug. 10, 2001	DECLARATION of Jose-Manuel A. de Castro Volume I by defendant re: motion response [86-1] (Large Document Placed in the Exhibit Room) (former empl) (Entered: 08/13/2001)	RECAP
97	Aug. 10, 2001	DECLARATION of Jose-Manuel A. de Castro Volume II by defendant re: motion response [86-1] (Large Documents Placed in the Exhibit Room) (former empl) (Entered: 08/13/2001)	RECAP
98	Aug. 10, 2001	CERTIFICATE of Service for Docs. 86 - 97 by defendant (former empl) (Entered: 08/13/2001)	RECAP

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Case Details

State / Territory:

Colorado

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 1, 1999

Closing Date: Oct. 25, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who, at any time from May 6, 2003 through February 9, 2006, used wheelchairs or scooters for mobility and who shopped or shop at any Kmart Store or who allege they would shop or would have shopped at one or more Kmart Stores but for allegedly being denied on the basis of disability the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such Kmart Store(s).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Kmart Corporation

Case Details