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Case: Lucas v. Kmart Corp.

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

Filed Date: Oct. 1, 1999

Case Ongoing

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. 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 t…

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.

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 damamges 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 claim, 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)."

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.

On March 22, 2006, 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.

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 retroffitted during the period between May 8, 2009 and May 8, 2010 from 215 to 150.

Summary Authors

Eric Weiler (5/26/2010)

People

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


Judge(s)

Kane, John L. Jr. (Colorado)

Shaffer, Craig B. (Colorado)

Attorneys(s) 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)

Judge(s)

Kane, John L. Jr. (Colorado)

Shaffer, Craig B. (Colorado)

Attorneys(s) 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)

Attorneys(s) 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)

Documents in the Clearinghouse

Document

1:99-cv-01923

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
215-1

1:99-cv-01923

Settlement Agreement

Lucas, et al v. Kmart Corp.

March 13, 2006

March 13, 2006

Settlement Agreement
220

1:99-cv-01923

Second Amended Class Action Complaint

Lucas, et al v. Kmart Corp.

March 22, 2006

March 22, 2006

Complaint

Docket

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

Last updated Nov. 2, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) (former empl) (Entered: 10/04/1999)

Oct. 1, 1999

Oct. 1, 1999

FILING FEE PAID: on 10/1/99 in the amount of $ 150, receipt # 209954. (former empl) (Entered: 10/04/1999)

Oct. 1, 1999

Oct. 1, 1999

2

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)

Oct. 19, 1999

Oct. 19, 1999

3

Unopposed MOTION by defendant to extend time to 11/23/99 to answer (former empl) (Entered: 11/04/1999)

Nov. 3, 1999

Nov. 3, 1999

4

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)

Nov. 4, 1999

Nov. 4, 1999

5

2nd Unopposed MOTION by defendant to extend time to 12/14/99 to answer (former empl) (Entered: 11/24/1999)

Nov. 23, 1999

Nov. 23, 1999

6

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)

Nov. 24, 1999

Nov. 24, 1999

7

ANSWER &Affirmative Defenses by defendant to complaint [1−1] (former empl) (Entered: 12/15/1999)

Dec. 14, 1999

Dec. 14, 1999

8

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)

Dec. 17, 1999

Dec. 17, 1999

9

NOTICE of Change of Address of Fox &Robertson by plaintiff (former empl) (Entered: 02/14/2000)

Feb. 10, 2000

Feb. 10, 2000

10

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)

Feb. 10, 2000

Feb. 10, 2000

11

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)

Feb. 11, 2000

Feb. 11, 2000

12

Unopposed MOTION by defendant Kmart Corporation to extend time to serve responses to discovery reqs to 4/4/00 (lam) (Entered: 03/23/2000)

March 21, 2000

March 21, 2000

13

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)

March 22, 2000

March 22, 2000

15

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)

April 5, 2000

April 5, 2000

16

Unopposed MOTION by defendant Kmart Corporation to refer to Mag Judge for settlement purposes (lam) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

17

ORDER stmlt Case referred to Magistrate Judge Bruce D. Pringle by Judge John L. Kane (cc: to counsel) (gms) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

18

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)

April 24, 2000

April 24, 2000

19

ATTORNEY APPEARANCE for plaintiff by Michael Wayne Breeskin &Amy F. Robertson (gms) (Entered: 04/28/2000)

April 27, 2000

April 27, 2000

20

MOTION by plaintiff for lv to amend class action cmp w/ cert of compliance (gms) (Entered: 04/28/2000)

April 27, 2000

April 27, 2000

21

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)

April 27, 2000

April 27, 2000

Tendered Amended Class Action Cmp submitted by plaintiff re: motion for lv to amend class action cmp [20−1] (gms) (Entered: 04/28/2000)

April 27, 2000

April 27, 2000

22

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)

May 2, 2000

May 2, 2000

23

MOTION by defendant for extension of time to resp to motion to amd cmp to 5/10/00 (gms) (Entered: 05/08/2000)

May 4, 2000

May 4, 2000

24

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)

May 5, 2000

May 5, 2000

25

RESPONSE by defendant in opposition to motion for lv to amend class action cmp [20−1] (gms) (Entered: 05/12/2000)

May 10, 2000

May 10, 2000

26

NOTICE of Change of Address of Kevin W. Williams by plaintiff (gms) (Entered: 05/12/2000)

May 11, 2000

May 11, 2000

27

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)

May 11, 2000

May 11, 2000

28

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)

May 12, 2000

May 12, 2000

29

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)

May 22, 2000

May 22, 2000

30

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)

May 25, 2000

May 25, 2000

31

REPLY by plaintiff in support of motion for lv to amend class action cmp [20−1] (former empl) (Entered: 05/26/2000)

May 25, 2000

May 25, 2000

32

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)

May 30, 2000

May 30, 2000

34

Unopposed MOTION by defendant to extend time to 6/29/00 to answer amd complaint (former empl) (Entered: 06/12/2000)

June 9, 2000

June 9, 2000

35

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)

June 12, 2000

June 12, 2000

36

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)

June 13, 2000

June 13, 2000

37

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)

June 14, 2000

June 14, 2000

38

Joint MOTION by plaintiffs, defendant, plaintiff to amend stipulated scheduling &discovery order (gms) (Entered: 06/19/2000)

June 16, 2000

June 16, 2000

39

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)

June 19, 2000

June 19, 2000

40

ANSWER by defendant to amd complaint [33−1] (former empl) (Entered: 06/30/2000)

June 29, 2000

June 29, 2000

41

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)

Aug. 1, 2000

Aug. 1, 2000

42

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)

Aug. 2, 2000

Aug. 2, 2000

43

MOTION by defendant for withdrawal and substitution of counsel (former empl) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

44

Unopposed MOTION by defendant to vacate and reschedule settlement/status conference (former empl) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

45

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)

Aug. 4, 2000

Aug. 4, 2000

46

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)

Aug. 4, 2000

Aug. 4, 2000

47

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)

Aug. 30, 2000

Aug. 30, 2000

48

MOTION by defendant to amend answer [40−1] to amended class action amended complaint and affirmative defenses (former empl) (Entered: 08/31/2000)

Aug. 30, 2000

Aug. 30, 2000

49

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)

Aug. 31, 2000

Aug. 31, 2000

50

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)

Aug. 31, 2000

Aug. 31, 2000

51

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)

Sept. 1, 2000

Sept. 1, 2000

52

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)

Sept. 27, 2000

Sept. 27, 2000

53

ATTORNEY APPEARANCE for defendant by Walter B. Connolly Jr. (former empl) (Entered: 11/28/2000)

Nov. 27, 2000

Nov. 27, 2000

54

Unopposed MOTION by plaintiffs to amend stip schedule order [11−1] and discovery order (former empl) (Entered: 12/04/2000)

Dec. 1, 2000

Dec. 1, 2000

55

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)

Dec. 5, 2000

Dec. 5, 2000

56

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)

Jan. 8, 2001

Jan. 8, 2001

57

ATTORNEY APPEARANCE for defendant by Shana T. Mintz (former empl) (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

58

NOTICE of Change of Address of Carrie Ann Lucas by plaintiff (former empl) (Entered: 02/22/2001)

Feb. 20, 2001

Feb. 20, 2001

59

Joint MOTION by plaintiffs, defendant for order to increase numerical limitation on depos (former empl) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

60

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)

March 13, 2001

March 13, 2001

61

ATTORNEY APPEARANCE for plaintiffs by Brian East (former empl) (Entered: 05/07/2001)

May 7, 2001

May 7, 2001

62

ATTORNEY APPEARANCE for plaintiffs by Steven R. Greenberger (former empl) (Entered: 05/10/2001)

May 9, 2001

May 9, 2001

63

PROTECTIVE ORDER by Judge John L. Kane : (cc: all counsel) (former empl) (Entered: 05/29/2001)

May 25, 2001

May 25, 2001

64

JOINT MOTION to Amend Stipulated Scheduling and Discovery Order (former empl) (Entered: 05/29/2001)

May 25, 2001

May 25, 2001

65

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)

June 5, 2001

June 5, 2001

66

MOTION by plaintiff for Class Certification (former empl) (Entered: 06/08/2001)

June 7, 2001

June 7, 2001

67

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)

June 7, 2001

June 7, 2001

68

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)

June 7, 2001

June 7, 2001

69

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)

June 8, 2001

June 8, 2001

70

ATTORNEY APPEARANCE for plaintiff by James Earl Teague (former empl)

June 11, 2001

June 11, 2001

72

ATTORNEY APPEARANCE for plaintiff by Earl − Mettler (former empl) (Entered: 06/14/2001)

June 14, 2001

June 14, 2001

73

ATTORNEY APPEARANCE for plaintiffs by Stephen T. LeCuyer (former empl) Modified on 06/21/2001 (Entered: 06/21/2001)

June 20, 2001

June 20, 2001

74

MOTION by plaintiffs UNSEAL as to Plaintiffs Memo in Support of Mtn for Class Certification [67−1] (former empl) (Entered: 06/22/2001)

June 21, 2001

June 21, 2001

75

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)

June 25, 2001

June 25, 2001

76

MOTION by defendant Kmart Corporation to Defer Deadline for Opposition to Pltfs' Motion for Class Certification [66−1] (former empl) (Entered: 06/27/2001)

June 26, 2001

June 26, 2001

77

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)

June 26, 2001

June 26, 2001

78

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)

June 27, 2001

June 27, 2001

79

MOTION by defendant Kmart Corporation to clarify minute order [78−1] (former empl) (Entered: 06/28/2001)

June 28, 2001

June 28, 2001

80

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)

June 29, 2001

June 29, 2001

81

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)

July 2, 2001

July 2, 2001

82

ATTORNEY APPEARANCE for plaintiff by L. Javier Cavazos (former empl) (Entered: 07/09/2001)

July 9, 2001

July 9, 2001

83

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)

July 10, 2001

July 10, 2001

84

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)

July 13, 2001

July 13, 2001

Clearinghouse
85

ATTORNEY APPEARANCE for defendant Kmart Corporation by Jose Manuel de Castro (former empl) (Entered: 07/31/2001)

July 30, 2001

July 30, 2001

86

RESPONSE Memorandum in Opposition by defendant to motion for Class Certification [66−1] (former empl) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

87

DECLARATION of Ann Morgan by defendant re: motion response [86−1] (former empl) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

89

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)

Aug. 10, 2001

Aug. 10, 2001

90

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)

Aug. 10, 2001

Aug. 10, 2001

91

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)

Aug. 10, 2001

Aug. 10, 2001

92

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)

Aug. 10, 2001

Aug. 10, 2001

93

DECLARATION of Bruce Glasser by defendant re: motion response [86−1] (Large Document Placed in the Exhibit Room) (former empl) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

94

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)

Aug. 10, 2001

Aug. 10, 2001

95

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)

Aug. 10, 2001

Aug. 10, 2001

96

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)

Aug. 10, 2001

Aug. 10, 2001

97

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)

Aug. 10, 2001

Aug. 10, 2001

98

CERTIFICATE of Service for Docs. 86 − 97 by defendant (former empl) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

99

MOTION by defendant Request for Oral Argument on Pltfs' Mtn for Class Certification and its Briefing (former empl) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

100

MOTION by plaintiffs to Continue the Deadline to Reply to Dft Kmart Corporation's Memo in Opposition to Pltfs' Motion for Class Certification and Certificate of Compliance w/District of Colorado Local Rule 7.1(A) (former empl) (Entered: 08/21/2001)

Aug. 20, 2001

Aug. 20, 2001

101

MOTION by plaintiffs to Compel Production of Documents (former empl) (Entered: 08/21/2001)

Aug. 20, 2001

Aug. 20, 2001

102

SEALED DECLARATION of Amy F. Robertson by plaintiffs in Support of motion to Compel Production of Documents [101−1] (Placed in the Sealed Area of the Exhibit Room) (former empl) (Entered: 08/21/2001)

Aug. 20, 2001

Aug. 20, 2001

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: June 29, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disabled shoppers at Kmart stores.

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

Kmart Corporation (Troy), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

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: $16.25 million