Case: Barnhart v. Safeway Stores Inc.

2:92-cv-00803 | U.S. District Court for the Eastern District of California

Filed Date: May 21, 1992

Closed Date: 1994

Clearinghouse coding complete

Case Summary

On October 25th, 1991, four female food clerks filed a class action lawsuit, under 42 U.S.C. § 2000(e) and the Cal. Government. Code § 12940, against Safeway Stores, Inc. The plaintiffs, represented by private counsel, claimed that they were victims of sex discrimination evident by: the denial of promotions, including to full time, night shift, work on the retail floor, and management positions; denial of additional hours and desirable store, shift, and department assignments; and the denial …

On October 25th, 1991, four female food clerks filed a class action lawsuit, under 42 U.S.C. § 2000(e) and the Cal. Government. Code § 12940, against Safeway Stores, Inc. The plaintiffs, represented by private counsel, claimed that they were victims of sex discrimination evident by: the denial of promotions, including to full time, night shift, work on the retail floor, and management positions; denial of additional hours and desirable store, shift, and department assignments; and the denial of adequate training opportunities. The complaint, which we do not have a copy of, was originally filed in the Northern District of CA; however, the case was transferred to the Eastern District of CA on May 22nd, 1992.

On November 16, 1992, the court granted defendants' motion for summary judgment as to two of the named plaintiffs on grounds that their claims were time-barred.

On May 28th, 1993, the Court (Hon. William B. Shubb) granted partial summary judgment to the defendants. However, the two parties opted to settle, and moved for a preliminary approval of a consent decree which was subsequently granted on April 6th, 1994. Final approval occurred on June 28th, 1994, and the disbursement of a class action settlement fund was granted on January 3rd, 1995.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9848626/parties/barnhart-v-safeway-stores-inc/


Judge(s)

Moulds, John F. (California)

Attorney for Plaintiff

Larkin, Jocelyn Dion (California)

Mayeda, Mari (California)

Miller, Katharine S (California)

Attorney for Defendant

Brick, Steven A (California)

Documents in the Clearinghouse

Documents in this case

3:91-cv-03775

Northern District of CA (U.S.)

Barnhart v. Safeway Stores, Inc.

U.S. District Court for the Northern District of California

May 22, 1992

May 22, 1992

Docket

2:92-cv-00803

Docket [PACER]

Barnhart v. Safeway Stores

Jan. 11, 1995

Jan. 11, 1995

Docket
65

2:92-cv-00803

Order and Opinion

Dec. 14, 1992

Dec. 14, 1992

Order/Opinion

1992 WL 443561

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9848626/barnhart-v-safeway-stores-inc/

Last updated April 7, 2025, 10:41 a.m.

Docket for: Barnhart v. Safeway Stores Inc
ECF Number Date Description Link
May 4, 1992

RECEIVED Order (defendant) (tn, COURT STAFF) (Entered: 05/05/1992)

PACER
1 May 21, 1992

ORIGINAL file, certified copy of transfer order and docket sheet received from USDC, Northern District of CA; Notification to all counsel of new case number (old) (Entered: 05/22/1992)

RECAP
2 May 21, 1992

ORDER setting scheduling conference for 10:30 10/5/92 before Honorable William B Shubb (cc: all counsel) (old) (Entered: 05/22/1992)

RECAP
3 May 26, 1992

MOTION by plaintiffs for protective order set for 6/4/92 at 9:00 before JFM (old) (Entered: 05/27/1992)

RECAP
May 26, 1992

LODGED: proposed order on shortenining time (old)

4 May 27, 1992

APPLICATION: by plaintiff's for order shortening time for hearing (old) (Entered: 05/27/1992)

RECAP
5 May 27, 1992

PROOF OF SERVICE of application and order shortening time for hearing (old) (Entered: 05/27/1992)

RECAP
6 May 27, 1992

DECLARATION of Trish M Higgins in opposition to plaintiffs application for order shortening time (old) (Entered: 05/28/1992)

RECAP
7 May 28, 1992

TRANSCRIPT of 4/27/92 on motion for change of vanue (old) (Entered: 05/28/1992)

RECAP
8 May 28, 1992

MEMORANDUM in support by plaintiff's of application for order shortening time (old) (Entered: 05/29/1992)

RECAP
9 June 1, 1992

MINUTES: telephonic conference re plaintiff's application for OST is denied (old) (Entered: 06/02/1992)

RECAP
10 June 5, 1992

ORDER by Magistrate John F Moulds: Plaintiff's application for an order shortening time is denied for failure to make a sufficient showing of need for the issuance of such an order; further, said application is also denied as untimely (cc: all counsel) (old) (Entered: 06/05/1992)

RECAP
11 June 25, 1992

MOTION by plaintiff's to compel production of documents set for 7/16/92 at 9:00 before JFM (old) (Entered: 06/25/1992)

RECAP
12 July 15, 1992

PROOF OF SERVICE by plaintiff June Barnhart of order setting pretrial conference (old) (Entered: 07/15/1992)

RECAP
13 July 20, 1992

NOTICE of hearing setting hearing on motion to compel production of documents set for 7/16/92 at 9:00 before JFM [11-1] 9:00 7/30/92 ( cc: ) (old) (Entered: 07/20/1992)

RECAP
14 July 29, 1992

LODGED: motion to continue hearing on motion to compel (old) (Entered: 07/30/1992)

RECAP
15 July 31, 1992

STIPULATION and ORDER by Magistrate John F. Moulds : setting hearing on motion to compel production of documents set for 7/16/92 at 9:00 before JFM [11-1] 9:00 8/13/92 (cc: all counsel) (old) (Entered: 07/31/1992)

RECAP
16 Aug. 10, 1992

DECLARATION of Bonnie Gay for defendant Safeway re stipulation re discovery disagreements (old) (Entered: 08/11/1992)

RECAP
17 Aug. 10, 1992

DECLARATION of Trish M Higgins for defendant Safeway in support of stipulation re discovery disagreement (old) (Entered: 08/11/1992)

RECAP
18 Aug. 10, 1992

DECLARATION of Jamie Greenblatt for plaintiffs in support of stipulation re discovery disagreements (old) (Entered: 08/11/1992)

RECAP
19 Aug. 11, 1992

STIPULATION re discovery disagreement (old) (Entered: 08/11/1992)

RECAP
20 Aug. 11, 1992

NOTICE: by Safeway Inc of filing of depositions of June Barnhart (3 volumes) Marjorie Rankin (Goppert)(4 volumes and exhibits) Heidi Kauzlarich (2 Volumes and Carla Brooke (5 Volumes and exhibits) (old) Modified on 08/12/1992 (Entered: 08/12/1992)

RECAP
21 Aug. 11, 1992

DEPOSITION of June Barnhart taken on the following date(s): 4/28/92 Voume I (old) Modified on 08/12/1992 (Entered: 08/12/1992)

RECAP
22 Aug. 11, 1992

DEPOSITION of June Barnhart taken on the following date(s): 4/29/92 Volume II (old) (Entered: 08/12/1992)

RECAP
23 Aug. 11, 1992

DEPOSITION of June Barnhart taken on the following date(s): 4/30/92 (old) Modified on 08/12/1992 (Entered: 08/12/1992)

RECAP
24 Aug. 11, 1992

EXHIBIT to deposition of Majorie Goppert (old) Modified on 08/12/1992 (Entered: 08/12/1992)

RECAP
25 Aug. 11, 1992

DEPOSITION of Majorie Goppert taken on the following date(s): 5/4/92, Volume I (old) Modified on 08/12/1992 (Entered: 08/12/1992)

RECAP
26 Aug. 11, 1992

DEPOSITION of Majorie Goppert taken on the following date(s): 5/5/92, Volume II (old) Modified on 08/12/1992 (Entered: 08/12/1992)

RECAP
27 Aug. 11, 1992

DEPOSITION of Majorie Goppert taken on the following date(s): 5/6/92, Volume III (old) Modified on 08/12/1992 (Entered: 08/12/1992)

RECAP
28 Aug. 11, 1992

DEPOSITION of Majorie Goppert taken on the following date(s): 5/9/92 Volume IV (old) Modified on 08/12/1992 (Entered: 08/12/1992)

RECAP
29 Aug. 11, 1992

DEPOSITION of Heidi Kauzlarich taken on the following date(s): 4/7/92 Volume II (old) Modified on 08/12/1992 (Entered: 08/12/1992)

RECAP
30 Aug. 11, 1992

DEPOSITION of Heidi Kauzlarich taken on the following date(s): 4/8/92 Volume III (old) (Entered: 08/12/1992)

RECAP
31 Aug. 11, 1992

EXHIBIT o depo of Carla Brooke (old) (Entered: 08/12/1992)

RECAP
32 Aug. 11, 1992

DEPOSITION of Carla Brook taken on the following date(s): 5/11/92 Volume I (old) (Entered: 08/12/1992)

RECAP
33 Aug. 11, 1992

DEPOSITION of Carla Brooke taken on the following date(s): 5/12/92 Volume II (old) (Entered: 08/12/1992)

RECAP
34 Aug. 11, 1992

DEPOSITION of Carla Brooke dated 5/13/92 Volume III (old) (Entered: 08/12/1992)

RECAP
35 Aug. 11, 1992

DEPOSITION of Carla Brooke taken on the following date(s): 6/22/92 Volume IV (old) (Entered: 08/12/1992)

RECAP
36 Aug. 11, 1992

DEPOSITION of Carla Brooke taken on the following date(s): 6/23/92 Volume V (old) Modified on 08/12/1992 (Entered: 08/12/1992)

RECAP
37 Aug. 12, 1992

AMENDED STIPULATION re discovery disagreement pursuant to LR 251 (old) (Entered: 08/12/1992)

RECAP
38 Aug. 14, 1992

MINUTES that the motion to compel production of documents set for 7/16/92 at 9:00 before JFM [11-1] is submitted (old) (Entered: 08/14/1992)

RECAP
39 Aug. 14, 1992

STIPULATION and ORDER by Honorable William B. Shubb : staying case pending decision of the Ninth Circuit, dismissing case (cc: all counsel) (old) (Entered: 08/14/1992)

RECAP
40 Aug. 19, 1992

LETTER to court from attorney David Borgen submitting original signatures to be attached to a previously filed stipulation (old) (Entered: 08/20/1992)

RECAP
41 Aug. 21, 1992

LETTER to court from Rochon Martin informing court that shee may be part of the class in this action (old) (Entered: 08/21/1992)

RECAP
42 Sept. 18, 1992

MOTION by defendant Safeway Stores Inc to compel set for 10/8/92 at 9:00 before JFM (old) (Entered: 09/18/1992)

RECAP
43 Sept. 29, 1992

JOINT STATUS REPORT (old) (Entered: 09/29/1992)

RECAP
44 Oct. 5, 1992

MINUTES of status conference: See order following for scheduling information (old) (Entered: 10/06/1992)

RECAP
45 Oct. 6, 1992

ORDER by Honorable William B. Shubb ; Scheduling conf furthe set for 5/3/93 at 2:00 ; In-court hearing on motion for class certification set for 4/12/93 at 9:00 (cc: all counsel) (old) (Entered: 10/06/1992)

RECAP
46 Oct. 13, 1992

MOTION by defendant Safeway Stores Inc for summary judgment set for 11/9/92 at 9:00 before WBS in courtroom 2 (old) (Entered: 10/13/1992)

RECAP
47 Oct. 13, 1992

MEMORANDUM by defendant Safeway Stores Inc in support of motion for summary judgment set for 11/9/92 at 9:00 before WBS in courtroom 2 [46-1] (old) (Entered: 10/13/1992)

RECAP
48 Oct. 13, 1992

DECLARATION of Gary R Siniscalco in support re motion for summary judgment set for 11/9/92 at 9:00 before WBS in courtroom 2 [46-1] (old) (Entered: 10/13/1992)

RECAP
49 Oct. 13, 1992

DECLARATION of Steven A Brick re motion for summary judgment set for 11/9/92 at 9:00 before WBS in courtroom 2 [46-1] (old) (Entered: 10/13/1992)

RECAP
50 Oct. 13, 1992

EXHIBITS (APPENDIX) of Federal cases not included in official reporters (old) (Entered: 10/13/1992)

RECAP
51 Oct. 13, 1992

REQUEST by defendant Safeway Stores Inc for judicial notice (old) (Entered: 10/13/1992)

RECAP
Oct. 13, 1992

LODGED: proposed dorder re motion for summary judgment (old)

52 Oct. 16, 1992

LETTER to court from Attorney Trish Higgins re pending motion to compel discovery (old) (Entered: 10/16/1992)

RECAP
53 Oct. 16, 1992

LETTER to court from attorney Trish Higgins regarding pending motions (old) (Entered: 10/20/1992)

RECAP
Oct. 21, 1992

LODGED: stipulation and order withdrawing motion to compel (old)

59 Oct. 26, 1992

MEMORANDUM in opposition to motion for summary judgment set for 11/9/92 at 9:00 before WBS in courtroom 2 [46-1] (old) Modified on 11/17/1992 (Entered: 11/17/1992)

RECAP
60 Oct. 26, 1992

DECLARATION of Jocelyn D Larkin in opposition re motion for summary judgment set for 11/9/92 at 9:00 before WBS in courtroom 2 [46-1] (old) (Entered: 11/17/1992)

RECAP
54 Nov. 3, 1992

DECLARATION of Cynthia A Harris re motion for summary judgment set for 11/9/92 at 9:00 before WBS in courtroom 2 [46-1] (old) (Entered: 11/03/1992)

RECAP
55 Nov. 3, 1992

REPLY by defendant Safeway Stores Inc re [46-1] (old) (Entered: 11/03/1992)

RECAP
56 Nov. 4, 1992

STIPULATION and ORDER by Magistrate John F Moulds : vacating [42-1] motion to compel set for 10/8/92 at 9:00 before JFM (cc: all counsel) (old) (Entered: 11/04/1992)

RECAP
57 Nov. 9, 1992

MINUTES of that the motion for summary judgment set for 11/9/92 at 9:00 before WBS in courtroom 2 [46-1] is submitted (old) (Entered: 11/09/1992)

RECAP
58 Nov. 16, 1992

ORDER by Honorable William B Shubb granting motion for summary judgment set for 11/9/92 at 9:00 before WBS in courtroom 2 [46-1] (cc: all counsel) (old) (Entered: 11/16/1992)

RECAP
61 Nov. 17, 1992

TRANSCRIPT of 11/9/92 (old) (Entered: 11/17/1992)

RECAP
62 Nov. 19, 1992

LETTER to court from Attorney Trish Higgins re change of liability period of defendants (old) (Entered: 11/19/1992)

RECAP
63 Dec. 8, 1992

LETTER to court from attorney David Borgen re documents that must be produced during discovery process (old) (Entered: 12/09/1992)

RECAP
64 Dec. 8, 1992

LETTER to court from Cynthia A Harris stating that the issues in Babbit v Albertson are not exactly the same as issues in this case (old) (Entered: 12/09/1992)

RECAP
65 Dec. 14, 1992

ORDER by Magistrate John F Moulds: Order re motion to compel and motion for protective order (See order for more specific details) Within 5 days from the filed date of this order, counsel shall lodge an original copy of the protective order signed by counsel for all parties for the court's signature (cc: all counsel) (old) (Entered: 12/14/1992)

RECAP
66 Dec. 15, 1992

MOTION by plaintiffs to intervene set for 1/25/93 at 9:00 before WBS in courtroom 2 (old) (Entered: 12/16/1992)

RECAP
67 Dec. 15, 1992

MEMORANDUM by plaintiffs in support of motion to intervene set for 1/25/93 at 9:00 before WBS in courtroom 2 [66-1] (old) (Entered: 12/16/1992)

RECAP
68 Dec. 16, 1992

LETTER to court from attorney Jack W Lee re motion to intervene of Debra Sendle (old) (Entered: 12/16/1992)

RECAP
Dec. 16, 1992

LODGED: Order on motion to intervene (old)

Dec. 23, 1992

LODGED: Stipulation and protective order (old)

69 Dec. 28, 1992

MOTION by plaintiff Carla Brooke for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 (old) (Entered: 12/28/1992)

RECAP
70 Dec. 28, 1992

MEMORANDUM by plaintiff Carla Brooke and Safeway Inc in support of motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [69-1] (old) (Entered: 12/28/1992)

RECAP
71 Dec. 28, 1992

DECLARATION by Gary R Siniscalco re motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [69-1] (old) (Entered: 12/28/1992)

RECAP
72 Dec. 28, 1992

DECLARATION of Edward Demichele in support re motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [69-1] (old) (Entered: 12/28/1992)

RECAP
73 Dec. 28, 1992

DECLARATION of Michael G Pearson in support re motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [69-1] (old) (Entered: 12/28/1992)

RECAP
74 Dec. 28, 1992

DECLARATION of Bonnie S Gay in support re motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [69-1] (old) (Entered: 12/28/1992)

RECAP
75 Dec. 28, 1992

DECLARATION of Kenneth S Matthies in support re motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [69-1] (old) (Entered: 12/28/1992)

RECAP
76 Dec. 28, 1992

MOTION by defendant Safeway Stores Inc (Barnhart) for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 (old) (Entered: 12/28/1992)

RECAP
77 Dec. 28, 1992

MEMORANDUM by defendant Safeway Stores Inc in support of motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [76-1] (old) (Entered: 12/28/1992)

RECAP
78 Dec. 28, 1992

DECLARATION of Bonnie S Gay in support re motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [76-1] (old) (Entered: 12/28/1992)

RECAP
79 Dec. 28, 1992

DECLARATION of Gary R Siniscalco in support re motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [76-1] (old) (Entered: 12/28/1992)

RECAP
80 Dec. 28, 1992

DECLARATION of Steven A Brick in support re motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [76-1] (old) (Entered: 12/28/1992)

RECAP
81 Dec. 28, 1992

PROOF OF SERVICE by defendant Safeway Stores Inc of motions for summary judgment and supporting documents (Brooke and Barnhart) (old) (Entered: 12/28/1992)

RECAP
82 Dec. 28, 1992

EXHIBITS 1 and 2 of June Barnhart (old) (Entered: 12/28/1992)

RECAP
83 Dec. 28, 1992

EXHIBITS 3 through 55 of June Barnhart (old) (Entered: 12/28/1992)

RECAP
84 Dec. 28, 1992

NOTICE by defendant Safeway Stores Inc of lodging of deposition transcripts of June Barnhart taken on 5/20 through 5/22 1992 (old) (Entered: 12/28/1992)

RECAP
Dec. 28, 1992

LODGED: Proposed order re motion for summary judgment (Brooke) (old)

Dec. 28, 1992

LODGED: Proposed order re motion for summary judgment (old)

85 Dec. 29, 1992

STIPULATION and ORDER by Magistrate John F Moulds : granting lodged protective order (See order for more specific details) [0-0] (cc: all counsel) (old) (Entered: 12/29/1992)

RECAP
86 Dec. 31, 1992

REQUEST by defendant Safeway Stores Inc for reconsideration by the District Judge of Magistrate Judge's ruling and request for oral argument (old) (Entered: 12/31/1992)

RECAP
Jan. 4, 1993

LODGED stipulation and order re: production of documents (old)

87 Jan. 8, 1993

DECLARATION of Jamie Greenblatt in support of plaintiff's opposition to request for reconsideration of magistrate/judges discovery ruling (old) (Entered: 01/08/1993)

RECAP
88 Jan. 8, 1993

MEMORANDUM in opposition by plaintiffs to request for reconsideration of magistrate/judge's discovery ruling (old) (Entered: 01/08/1993)

RECAP
93 Jan. 11, 1993

DECLARATION re motion to extend defendant's motion for summary judgment [90-1], re motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [76-1], re motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [69-1], re motion to intervene set for 1/25/93 at 9:00 before WBS in courtroom 2 [66-1], re motion for summary judgment set for 11/9/92 at 9:00 before WBS in courtroom 2 [46-1], re motion to compel set for 10/8/92 at 9:00 before JFM [42-1], re motion to compel production of documents set for 7/16/92 at 9:00 before JFM [11-1], re motion for protective order set for 6/4/92 at 9:00 before JFM [3-1] (old) (Entered: 01/13/1993)

RECAP
89 Jan. 12, 1993

MEMORANDUM in opposition to motion for summary judgment set for 1/25/93 at 9:00 before WBS in courtroom 2 [76-1] (old) (Entered: 01/12/1993)

RECAP
90 Jan. 12, 1993

MOTION by plaintiff June Barnhart to extend defendant's motion for summary judgment Not noticed for any date (old) (Entered: 01/12/1993)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: May 21, 1992

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

four female food clerks employed by Safeway Stores in California

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Impact Fund

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Safeway Stores, Inc.

Defendant Type(s):

Retailer

Case Details

Causes of Action:

State law

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

Other Dockets:

Eastern District of California 2:92-cv-00803

Northern District of California 3:91-cv-03775

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination Area:

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

Promotion

Training

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation