Case: Lang v. Kohl's Food Stores, Inc.

3:98-cv-00351 | U.S. District Court for the Western District of Wisconsin

Filed Date: May 14, 1998

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On May 14, 1998, female grocery store employees brought class action against defendants under Title VII and Equal Pay Act in the U.S. District Court for the Western District of Wisconsin. Plaintiffs, represented by private counsel, alleged that produce workers, who were mostly men, received higher pay than bakery and deli workers, who were mostly women.In response to Plaintiffs' complaint, Defendant contended that employees in the produce department were included within a pay category called …

On May 14, 1998, female grocery store employees brought class action against defendants under Title VII and Equal Pay Act in the U.S. District Court for the Western District of Wisconsin. Plaintiffs, represented by private counsel, alleged that produce workers, who were mostly men, received higher pay than bakery and deli workers, who were mostly women.

In response to Plaintiffs' complaint, Defendant contended that employees in the produce department were included within a pay category called "regular clerks,'' most of whom were female. Also, women who wanted to be regular clerks in or out of the produce department did not face any discrimination in hiring or transfer.

After allowing the parties to conduct extensive discovery, the district court (Judge Barbara Crabb) granted summary judgment for Kohl's on the Title VII claim, based on the ground that plaintiffs could not demonstrate that Kohl's explanation for placing produce positions in the "regular clerk'' classification was a pretext for sex discrimination.

Following jury trial, the district court entered judgment in favor of the employer on the Equal Pay Act claim, because the jury decided that the bakery, deli, and produce jobs were not substantially equal.

After the trial, the plaintiffs appealed to the 7th Circuit. However, on June 22, 2000, the 7th Circuit affirmed the district court's decision.

Summary Authors

Kunyi Zhang (6/22/2010)

People


Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Easterbrook, Frank Hoover (Illinois)

Attorneys(s) for Plaintiff

Barnhill, Charles J. Jr. (Wisconsin)

Attorneys(s) for Defendant

Walker, Jack (Wisconsin)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Crocker, Stephen L. (Wisconsin)

Easterbrook, Frank Hoover (Illinois)

Attorneys(s) for Plaintiff

Barnhill, Charles J. Jr. (Wisconsin)

Attorneys(s) for Defendant

Walker, Jack (Wisconsin)

Documents in the Clearinghouse

Document

Docket

Feb. 12, 2004 Docket
66

Order (Granting EEOC Motions to quash subpoenas)

185 F.R.D. 542

Nov. 23, 1998 Order/Opinion
82

Order (Denying Motion to Set Aside Magistrate's Granting of EEOC Motion to Quash Subpoena)

186 F.R.D. 535

Dec. 15, 1998 Order/Opinion

Opinion (Affirming District Court)

U. S. Court of Appeals for the Seventh Circuit

217 F.3d 919

June 22, 2000 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

nan

nan

2

COMPLAINT; SUMMONS ISSUED (Entered: 05/15/1998)

May 14, 1998
3

STIPULATION AND ORDER FOR EXTENSION OF TIME (UNTIL 6/29/98) TO ANSWER. (JWS) cc mld (Entered: 06/22/1998)

June 22, 1998
4

ANSWER W/AFFIRMATIVE DEFENSES BY DEFT.GREAT ATLANTICTEA CO, INC. (Entered: 06/26/1998)

June 26, 1998
5

ANSWER W/AFFIRMATIVE DEFENSES BY DEFT.KOHL'S FOOD STORES,INC. (Entered: 06/26/1998)

June 26, 1998
6

PPTC REPORT BY PLTF. (Entered: 07/23/1998)

July 22, 1998
7

PPTC REPORT BY DEFTS. (Entered: 07/23/1998)

July 23, 1998
8

PTC ORDER &ORDER GOVERNING FPTC. (SLC) (Entered: 07/29/1998)

July 29, 1998
9

REQUEST FOR PRODUCTION OF DOCS NO. 3, BY PLTFS. (Entered: 08/07/1998)

Aug. 7, 1998
10

MOTION BY PLTF TO SEND ATTACHED NOTICE TO ALL FEMALE EMPLOYEE WHO HAVE BEEN EMPLOYED BY KOHL BAKERY/DELI FROM 3/95−PRESENT (Entered: 08/12/1998)

Aug. 11, 1998
11

BRIEF IN SUPPORT BY PLTF OF MO TO SENT NOTICE TO ALL FEMALE EMPLOYEES EMPLOYED BY KOHL'S BAKERY/DELI. (Entered: 08/12/1998)

Aug. 11, 1998
12

ORDER SETTING BRFG ON PLTF'S MO FOR LV TO SEND NOTICE TO ALL FEMALE EMPLOYEES OF KOHL'S BAKERY/DELI. (BC) (Entered: 08/12/1998)

Aug. 12, 1998
13

PLTFS' NOTICE OF FILING OF CONSENT TO SUE, BY LORI E. WHITE. (Entered: 08/13/1998)

Aug. 13, 1998
14

MOTION FOR SUMMARY JUDGMENT − PARTIAL S/J ON PLTFS' TITLE VII CLAIMS, BY DEFTS. (Entered: 08/20/1998)

Aug. 20, 1998
15

BRIEF IN SUPPORT OF DEFTS' MOTION FOR PARTIAL S/J ON PLTFS' TITLE VII CLAIMS. (Entered: 08/20/1998)

Aug. 20, 1998
16

PROPOSED S/J FINDINGS/CONCL. BY DEFTS IN SPT OF MOTION FOR PARTIAL S/J. (Entered: 08/20/1998)

Aug. 20, 1998
17

MOTION FOR EXT OF TIME TO FILE BRIEF IN OPPO TO PLTFS' MO.FOR NOTICE AUTHORIZATION, BY DEFTS. (FILED 8/18/98) (Entered: 08/24/1998)

Aug. 20, 1998
18

PLTFS' RESPONSE TO DEFTS' REQUEST FOR EXT OF TIME(FILED 8/19) (Entered: 08/24/1998)

Aug. 20, 1998
19

ORDER RE: TEL. HRG OF 8/24/98 ON DEFTS' MO. FOR EXT OF TIME' BRIEFING SET ON PLTFS' MO. FOR NOTICE OF AUTHORIZATION (SLC) (Entered: 08/25/1998)

Aug. 24, 1998
20

BRIEF IN OPPOSITION TO PLTFS' MO. FOR CLASS NOTICE AUTHORIZA− TION, BY DEFTS. (Entered: 08/31/1998)

Aug. 31, 1998
21

MOTION FOR EXT OF TIME TO SERVE OBJS.TO PLTFS'COMPUTER INTER− ROGATORIES &DOCUMENT REQUESTS, BY DEFTS. (Entered: 09/01/1998)

Sept. 1, 1998
22

BRIEF IN OPPOSITION BY PLTFS TO DEFTS' MO FOR EXTENSION OF TIME TO OBJECT TO PLTFS' COMPUTER DISCOVERY. (Entered: 09/04/1998)

Sept. 4, 1998
23

ORDER DENYING DEFTS' MO/EXTEN. OF TIME; DEFTS' OBJS TO DISC. REQ. DUE 9/14/98; BRFG SET ON COST−SHIFTING RE: DISC.MO.(SLC) (Entered: 09/09/1998)

Sept. 9, 1998
24

RESPONSE TO S/J FINDINGS/CONCL. BY PLTFS. (Entered: 09/10/1998)

Sept. 10, 1998
25

BRIEF IN OPPOSITION BY PLTFS TO DEFTS' MO FOR PARTIAL S/J. (Entered: 09/10/1998)

Sept. 10, 1998
27

AFFIDAVIT OF BETTY RANTHUM,KAREN KOWALEWSKY,FLORANCE BINGNER, JUDY SCHROEDER,KATHLEEN TICE,JEANNE RING,&LORI WHITE. (Entered: 09/14/1998)

Sept. 11, 1998
28

MOTION −REQ.FOR ATTY FEES/COSTS INCURRED IN CONNECTION W/DEFT EXT.OF TIME RE:PLTF.COMPTR INTERROG.9/8 ORD,BY PLTF (Entered: 09/14/1998)

Sept. 11, 1998
29

ORDER GRANTING PLTFS' MO TO SEND NOTICE; PLTFS MAY SEND THE AMENDED NOTICE ATTACHED AS APPENDIX B (SEE ORDER). (BC) (Entered: 09/21/1998)

Sept. 18, 1998
30

BRIEF IN REPLY BY DEFT OF MO FOR PARTIAL S/J ON PLTFS' TITLE VII CLAIMS. (Entered: 09/21/1998)

Sept. 21, 1998
31

BRIEF IN OPPOSITION BY DEFT OF MO/REQ.FOR ATTY FEES/COSTS INCURRED IN CONNECTION W/DEFT EXT.OF TIME. (Entered: 09/21/1998)

Sept. 21, 1998
32

ORDER THAT DEFTS &THEIR ATTYS ARE JOINTLY &SEVERALLY LIABLE TO PAY $370.50 TO CNSL FOR PLTFS BY 10/22/98. (SLC) (Entered: 09/23/1998)

Sept. 22, 1998
33

MOTION FOR LV TO FILE AMENDED RESPONSES TO DEFTS' PROPOSED FINDINGS/CONCL. OF LAW ON MO FOR PARTIAL S/J, BY PLTFS. (Entered: 09/30/1998)

Sept. 30, 1998
34

BRIEF IN OPPOSITION BY DEFTS TO PLTFS' MOTION FOR LEAVE TO SUPPLEMENT THEIR S/J RESPONSE &IN SPT OF MO FOR STAY. (Entered: 10/08/1998)

Oct. 8, 1998
35

BRIEF IN OPPOSITION TO DEFTS' REQUEST FOR A STAY, BY PLTFS. (Entered: 10/13/1998)

Oct. 13, 1998
36

MOTION BY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION TO QUASH SUBPOENAS. (Entered: 10/26/1998)

Oct. 26, 1998
37

BRIEF IN SUPPORT OF MOTION TO QUASH SUBPOENAS, BY EEOC. (Entered: 10/26/1998)

Oct. 26, 1998
38

AFFIDAVIT OF DENNIS R. MCBRIDE, IN SPT OF EEOC'S MOTION TO QUASH SUBPOENAS. (Entered: 10/26/1998)

Oct. 26, 1998
39

ORDER TEMPORARILY STAYING THE SUBPOENAS; BRFG SET ON MO/QUASH SUBPOENAS (RESPONSE DUE 11/3/98; REPLY DUE 11/6/98). (SLC) (Entered: 10/28/1998)

Oct. 27, 1998
40

NOTICE OF FILING OF CONSENTS, SUBMITTED BY PLTFS. (Entered: 10/28/1998)

Oct. 28, 1998
41

BRIEF IN OPPOSITION TO EEOC'S MOTION TO QUASH SUBPOENAS, BY DEFTS' (Entered: 11/03/1998)

Nov. 3, 1998
42

MOTION FOR ENTRY OF PROTECTIVE ORDER BY DEFTS. (Entered: 11/03/1998)

Nov. 3, 1998
43

BRIEF IN SUPPORT BY PTLF OF EQUAL EMPLOYMENT OPPORTUNITY COMM MO TO QUASH SUBPOENA. (Entered: 11/03/1998)

Nov. 3, 1998
44

DEPOSITION OF HAROLD G. VALDEZ, ON 8/31/98, BY PLTFS. (Entered: 11/04/1998)

Nov. 4, 1998
45

BRIEF IN OPPOSITION TO DEFTS' MO.FOR PROTECTIVE ORDER,BY PLTS (Entered: 11/05/1998)

Nov. 5, 1998
46

MOTION (ASSENTED−TO) TO ENLARGE TIME FOR FILING REPLY BRIEF, BY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Entered: 11/06/1998)

Nov. 6, 1998
48

ORDER GRANTING EEOC'S MOTION FOR ENLARGEMENT OF TIME TO FILE A REPLY BRIEF. (JWS) CCMLD (Entered: 11/06/1998)

Nov. 6, 1998
49

NOTICE OF FILING OF CONSENTS, SUBMITTED BY PLTFS.(10/26−11/6) (Entered: 11/09/1998)

Nov. 9, 1998
50

BRIEF IN REPLY IN SUPP OF MO TO QUASH SUBPOENAS, BY EEOC. (Entered: 11/13/1998)

Nov. 13, 1998
51

AFFIDAVIT OF IDA L. CASTRO (DECLARATION). (Entered: 11/13/1998)

Nov. 13, 1998
52

MOTION FOR CLASS CERTIFICATION, BY PLTFS. (Entered: 11/13/1998)

Nov. 13, 1998
53

BRIEF IN SUPPORT OF MO FOR CLASS CERTIFICATION, BY PLTFS. (Entered: 11/13/1998)

Nov. 13, 1998
54

MOTION TO COMPEL NO.1, BY PLTFS. (Entered: 11/18/1998)

Nov. 18, 1998
55

BRIEF IN SUPPORT BY PLTFS OF MO TO COMPEL NO. 1. (Entered: 11/18/1998)

Nov. 18, 1998
56

AFFIDAVIT OF CHARLES BARNHILL. (Entered: 11/18/1998)

Nov. 18, 1998
57

NOTICE OF FILING OF CONSENTS RECEIVED BY PLTFS FROM 11/7/98 TO 11/19/98. (Entered: 11/20/1998)

Nov. 19, 1998
58

MOTION TO COMPEL NO. 2, BY PLTFS. (Entered: 11/20/1998)

Nov. 19, 1998
59

BRIEF IN SUPPORT OF PLTFS' MO TO COMPEL NO. 2. (Entered: 11/20/1998)

Nov. 19, 1998
60

MOTION (AGREED) FOR EXTENSION OF BRIEFING SCHEDULE ON PLTFS' MOTION FOR CLASS CERTIFICATION, BY DEFTS. (Entered: 11/20/1998)

Nov. 20, 1998
62

ORDER GRANTING DEFTS' AGREED MOTION FOR EXTENSION OF BRIEFING SCHEDULE ON PLTFS' MO FOR CLASS CERTIFICATION. (SLC) cc mld (Entered: 11/23/1998)

Nov. 20, 1998
61

BRIEF IN OPPOSITION (RESPONSE)TO PLTF'S MO TO COMPEL NO.1, BY DEFT. (Entered: 11/23/1998)

Nov. 23, 1998
64

RESPONSE TO S/J FINDINGS/CONCL. **AMENDED** BY PLTFS. (REC'D ON 9/30/98) (Entered: 11/24/1998)

Nov. 23, 1998
65

AFFIDAVIT OF CHESTER V. BAILEY, IN OPPOS. TO DEFTS' MO FOR S/J. (REC'D ON 9/30/98) (Entered: 11/24/1998)

Nov. 23, 1998
66

ORDER GRANTING PLTFS MO TO SUPPLEMENT RECORD; GRANTING EEOC'S MO TO QUASH SUBPOENAS &FOR REIMBURSEMENT. (SLC) (Entered: 11/24/1998)

Nov. 23, 1998
63

BRIEF IN OPPOSITION BY DEFT. OF MO TO COMPEL NO. 2. (Entered: 11/24/1998)

Nov. 24, 1998
67

NOTICE OF FILING OF CONSENTS RECEIVED BY PLTFS.(ON OR BEFORE 11/20/98) (Entered: 11/25/1998)

Nov. 25, 1998
68

NOTICE OF FILING OF CONSENTS RECEIVED BY PLTFS.(11/20 −11/25) (Entered: 11/30/1998)

Nov. 30, 1998
69

MOTION − EEOC'S ITEMIZED STATEMENT OF EXPENSES INCURRED IN ITS MOTION TO QUASH SUBPOENAS. (Entered: 12/01/1998)

Dec. 1, 1998
70

AFFIDAVIT OF DENNIS R. MCBRIDE − 2ND AFFIDAVIT, IN SPT OF EEOC'S ITEMIZED STATEMENT OF EXPENSES. (Entered: 12/01/1998)

Dec. 1, 1998
71

NOTICE OF FILING OF CONSENTS FROM 11/26/98 THROUGH 11/30/98 BY PLTFS. (Entered: 12/02/1998)

Dec. 2, 1998
73

ORDER THAT DEFTS &THEIR ATTYS ARE JOINTLY &SEVERALLY LIABLE TO PAY $6,003.57 TO THE EEOC RE:MO TO QUASH SUBPOENAS.(SLC) (Entered: 12/08/1998)

Dec. 8, 1998
74

ORDER GRANT. PLTFS' MO/COMPEL #2; NO COSTS AWARDED (SLC) (Entered: 12/09/1998)

Dec. 9, 1998
75

APPEAL OF MAGISTRATE JUDGE'S ORDER GRANT.EEOC'S MO TO QUASH &ASSESS SANCTIONS AGAINST DEFTS. (Entered: 12/11/1998)

Dec. 10, 1998
76

BRIEF IN OPPOSITION TO PLTFS' MO FOR CLASS CERTIFICATION, BY DEFTS. (Entered: 12/11/1998)

Dec. 11, 1998
77

AFFIDAVIT OF CHRISTOPHER P. ERATH (DECLARATION). (Entered: 12/11/1998)

Dec. 11, 1998
78

AFFIDAVIT OF DANIEL H. DALEY (DECLARATION). (Entered: 12/11/1998)

Dec. 11, 1998
79

DEPOSITION OF KAREN KOWALEWSKY, TAKEN 11/5/98, BY DEFTS. (Entered: 12/14/1998)

Dec. 11, 1998
80

NOTICE OF FILING OF CONSENTS BY PLTFS, FROM 11/30/98 THROUGH 12/15/98 (Entered: 12/15/1998)

Dec. 15, 1998
81

MOTION − (AGREED) TO EXT OF TIME TO FILE REPLY BRIEF IN SUPP. OF MO. FOR CLASS CERTIFICATION UNTIL 12/31/98 (Entered: 12/15/1998)

Dec. 15, 1998
82

ORDER DENYING DEFTS' MO TO MODIFY OR SET ASIDE THE ORDER OF MAGISTRATE JUDGE DENYING THEIR MO/DEPOSE EEOC EMPLOYEES. (BC) (Entered: 12/15/1998)

Dec. 15, 1998
83

ORDER GRANTING AGREED MOTION FOR EXTENSION OF TIME TO FILE REPLY. (JWS) cc mld (Entered: 12/16/1998)

Dec. 15, 1998
84

***THERE IS NO #84 FOR THIS FILE)*** (Entered: 12/17/1998)

Dec. 17, 1998
85

STATUS REPORT TO THE COURT REGARDING EQUAL PAY ACT PARTIES, BY PLTFS. (Entered: 12/21/1998)

Dec. 21, 1998
86

AFFIDAVIT OF CHRISTOPHER P. ERATH (CORRECTED DECLARATION). (Entered: 12/22/1998)

Dec. 22, 1998
87

MOTION BY PLTFS FOR EXT. OF TIME TO FILE REPLY BRIEF ON MO FOR CLASS CERTIFICATION. (Entered: 12/28/1998)

Dec. 28, 1998
88

ORDER GRANTING PLTFS' MOTION FOR EXT. OF TIME TO FILE REPLY BRIEF IN SPT OF MO FOR CLASS CERTIFICATION. (JWS) CCMLD (Entered: 12/28/1998)

Dec. 28, 1998
89

DEPOSITION OF KARL L. BESTUL, ON 12/16/98, BY PLTFS. (Entered: 12/29/1998)

Dec. 29, 1998
90

DEPOSITION OF MARK C. REHBEIN, ON 12/17/98, BY PLTFS. (Entered: 12/29/1998)

Dec. 29, 1998
91

DEPOSITION OF ROBIN HALL, ON 11/11/98, BY DEFTS. (Entered: 12/29/1998)

Dec. 29, 1998
92

DEPOSITION OF CAROLYN MARIE MCGOWAN, ON 10/30/98, BY DEFTS. (Entered: 12/29/1998)

Dec. 29, 1998
93

ORDER DENYING DEFTS' MO FOR PARTIAL S/J. (BC) (Entered: 01/04/1999)

Jan. 4, 1999
94

BRIEF IN REPLY BY PLTF OF MO FOR CLASS CERTIFICATION. (Entered: 01/07/1999)

Jan. 7, 1999
95

AFFIDAVIT OF −DECLARATION OF DEBORAH LUCKHARDT FOSTER. (Entered: 01/07/1999)

Jan. 7, 1999
97

AFFIDAVIT OF CHRISTINE SCHANNING. (Entered: 01/07/1999)

Jan. 7, 1999
98

AFFIDAVIT OF −DECLARATION OF STEPHANIE A. FLAIG. (Entered: 01/07/1999)

Jan. 7, 1999
99

AFFIDAVIT OF −DECLARATION OF WHITMAN T. SOULE. (Entered: 01/07/1999)

Jan. 7, 1999
100

AFFIDAVIT OF OF JEANNE RING. (Entered: 01/07/1999)

Jan. 7, 1999
101

BRIEF IN REPLY BY PLTF OF MO FOR CLASS CERTIFICATION. (CORRECTED) (Entered: 01/11/1999)

Jan. 8, 1999
102

DEPOSITION OF FLORENCE BINGNER, ON 11/3/98, BY DEFTS. (CONDENSED COPY) [12/11/98] (Entered: 01/12/1999)

Jan. 11, 1999
103

DEPOSITION OF JULIE A. BULLEN, ON 11/23/98, BY DEFTS. (CONDENSED COPY) [12/11/98] (Entered: 01/12/1999)

Jan. 11, 1999

State / Territory: Wisconsin

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 14, 1998

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were female workers in the bakery and deli departments of Defendant Kohl's Food Stores.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Kohl's Food Stores, Inc., Private Entity/Person

Great Atlantic &Pacific Tea Company, Inc., Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female