Case: Cote v. Wal-Mart Stores, Inc.

1:15-cv-12945 | U.S. District Court for the District of Massachusetts

Filed Date: July 14, 2015

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On July 14, 2015, a female Walmart employee filed this class action lawsuit against Wal-Mart in the U.S. District Court for the District of Massachusetts. Represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and the Gay & Lesbian Advocates & Defenders, the plaintiff alleged that Wal-Mart had intentionally deprived her of employment-based spousal health insurance benefits because the plaintiff and her wife were the same sex. This, she alleged, violated Title VII of…

On July 14, 2015, a female Walmart employee filed this class action lawsuit against Wal-Mart in the U.S. District Court for the District of Massachusetts. Represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and the Gay & Lesbian Advocates & Defenders, the plaintiff alleged that Wal-Mart had intentionally deprived her of employment-based spousal health insurance benefits because the plaintiff and her wife were the same sex. This, she alleged, violated Title VII of the Civil Rights Act of 1964, the federal Equal Pay Act, and the Massachusetts Fair Employment Practices Law. The plaintiff sought declaratory, injunctive, and monetary relief, as well as class certification.

This case was assigned to District Judge William G. Young. Discovery and settlement negotiations proceeded, and were successful: in December 2016, the parties proposed a class-wide settlement.

The class was specified as all current and former Walmart employees who were married to “legal same-sex spouse” between January 1, 2011 and December 31, 2013, would have been eligible to receive spousal health insurance benefits from Wal-Mart if they had been married to a person of the opposite sex, but did not receive those benefits.

The remedy included a payment of $7.5 million—which covered reasonable attorneys fees to be determined by the Court (but not to exceed $1.875 million), a $25,000 “service payment” to the named plaintiff, all notice and administrative costs of the settlement (not to exceed $110,000), and damages paid to class members. Class members were able to submit proof of actual medical expenses, which received priority. Whatever money was left after those were paid was to be distributed pro rata to all the other class members, with a cap of $5,000 per year for each class member. The settlement agreement set up a claims process to manage the distribution of these funds. Class members had the ability to “opt out” of the settlement, in which case they would receive no money, but retain their right to sue separately.

In addition, the settlement had a paragraph on “programmatic relief,” in which Wal-Mart “commit[ed] to treating same-sex and opposite-sex spouses or couples equally in the provision of health insurance benefits, so long as to do so is consistent with applicable law.”

On December 16, 2016, Judge Young granted the parties’ motion for preliminary approval of the settlement. Wal-Mart was required to notify the members of the class and to give them the chance to object to the settlement if they chose to do so.

The fairness hearing took place on May 15, 2017. Judge Young issued a final order approving the settlement the following day. He approved Plaintiffs' motion for attorney's fees, and awarded counsel $1.875 million in fees and $25,285.04 in litigation expenses.

The court retained jurisdiction over the case either for a period of six months after the Settlement Effective Date, or for a period of one month after all Settlement Class Members received their final payments and any remaining funds had been distributed cypres--whichever was longer.

As of March 2019, nearly two years after the settlement agreement was entered, there has been no further litigation. The case is presumed closed.

Summary Authors

Lauren Shepard (4/7/2016)

Michael Beech (3/23/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4571183/parties/cote-v-wal-mart-stores-inc/

Judge(s)

Young, William G. (Massachusetts)

Attorneys(s) for Plaintiff

Abrahamson, Sally Jasmine (New York)

Buseck, Gary D. (Massachusetts)

Freedman, John A. (District of Columbia)

Grossi, Peter Thomas Jr. (District of Columbia)

Handley, Matthew K. (District of Columbia)

Romer-Friedman, Peter (District of Columbia)

Turner, Juno E. (New York)

Warlick, Sarah (District of Columbia)

Wright, Allison Whitney (Massachusetts)

Judge(s)

Young, William G. (Massachusetts)

Attorneys(s) for Plaintiff

Abrahamson, Sally Jasmine (New York)

Buseck, Gary D. (Massachusetts)

Freedman, John A. (District of Columbia)

Grossi, Peter Thomas Jr. (District of Columbia)

Handley, Matthew K. (District of Columbia)

Romer-Friedman, Peter (District of Columbia)

Turner, Juno E. (New York)

Warlick, Sarah (District of Columbia)

Wright, Allison Whitney (Massachusetts)

Attorneys(s) for Defendant

Beer, Naomi G. (Colorado)

DeGiacomo, Paula J. (Massachusetts)

McCourt, Terence P. (Massachusetts)

Ondrasik, Paul J. (District of Columbia)

Richards, John R. (District of Columbia)

Serron, Eric (District of Columbia)

Expert/Monitor/Master

Boal, Jennifer C. (Massachusetts)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

May 16, 2017 Docket
1

Class Action Complaint

Cote v. Wal-Mart

July 14, 2015 Complaint
51

Memorandum of Law In Support of Plaintiff's Motion For Preliminary Approval of Class Action Settlement And Approval of Proposed Notice of Settlement

Cote v. Wal-Mart Stores

Dec. 2, 2016 Pleading / Motion / Brief
54-1

Settlement Agreement

Cote v. Wal-Mart Stores

Dec. 2, 2016 Settlement Agreement
83

Final Order Approving Settlement

Cote v. Wal-Mart Stores

May 16, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4571183/cote-v-wal-mart-stores-inc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Wal-Mart Stores Inc. Filing fee: $ 400, receipt number 0101-5657253 (Fee Status: Filing Fee paid), filed by Jacqueline A. Cote. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet)(Buseck, Gary) (Main Document 1 replaced on 7/14/2015) (Coppola, Katelyn). (Additional attachment(s) added on 7/14/2015: # 3 Exhibit 1) (Coppola, Katelyn). (Attachment 1 replaced on 7/14/2015) (Coppola, Katelyn). (Attachment 2 replaced on 7/15/2015) (Paine, Matthew). (Entered: 07/14/2015)

1 Civil Cover Sheet

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2 Category Sheet

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3 Exhibit 1

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July 14, 2015 RECAP
2

Civil Cover Sheet & Category Sheet Attachment by Jacqueline A. Cote. (Buseck, Gary) (Entered: 07/14/2015)

July 14, 2015 PACER
3

ELECTRONIC NOTICE of Case Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Abaid, Kimberly) (Entered: 07/14/2015)

July 14, 2015 PACER
4

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Coppola, Katelyn) (Entered: 07/14/2015)

July 14, 2015 PACER
5

MOTION for Leave to Appear Pro Hac Vice for admission of Peter Romer-Friedman Filing fee: $ 100, receipt number 0101-5663348 by Jacqueline A. Cote. (Attachments: # 1 Exhibit Certificate for Pro Hac Motion)(Buseck, Gary) (Entered: 07/17/2015)

1 Exhibit Certificate for Pro Hac Motion

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July 17, 2015 PACER
6

Judge William G. Young: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice Added Peter Romer-Friedman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 07/20/2015)

July 20, 2015 PACER
7

WAIVER OF SERVICE Returned Executed by Jacqueline A. Cote. Wal-Mart Stores Inc. waiver sent on 7/16/2015, answer due 9/14/2015. (Buseck, Gary) (Entered: 08/10/2015)

Aug. 10, 2015 PACER
8

NOTICE of Appearance by Terence P. McCourt on behalf of Wal-Mart Stores Inc. (McCourt, Terence) (Entered: 08/25/2015)

Aug. 25, 2015 PACER
9

NOTICE of Appearance by Paula J. DeGiacomo on behalf of Wal-Mart Stores Inc. (DeGiacomo, Paula) (Entered: 08/25/2015)

Aug. 25, 2015 PACER
10

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of John R. Richards Filing fee: $ 100, receipt number 0101-5716617 by Wal-Mart Stores Inc.. (Attachments: # 1 Exhibit A Certificate for Admission)(McCourt, Terence) (Entered: 08/25/2015)

1 Exhibit A Certificate for Admission

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Aug. 25, 2015 PACER
11

Judge William G. Young: ELECTRONIC ORDER entered granting 10 Assented to Motion for Leave to Appear Pro Hac Vice. Added John R. Richards. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Gaudet, Jennifer) (Entered: 09/01/2015)

Sept. 1, 2015 PACER
12

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Eric G. Serron Filing fee: $ 100, receipt number 0101-5736120 by Wal-Mart Stores Inc.. (Attachments: # 1 Exhibit A Certificate for Admission Pro Hac Vice of Eric G. Serron)(McCourt, Terence) (Entered: 09/09/2015)

1 Exhibit A Certificate for Admission Pro Hac Vice of Eric G. Serron

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Sept. 9, 2015 PACER
13

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Paul J. Ondrasik, Jr. Filing fee: $ 100, receipt number 0101-5736125 by Wal-Mart Stores Inc.. (Attachments: # 1 Exhibit A Certificate for Admission Pro Hac Vice of Paul J. Ondrasik, Jr.)(McCourt, Terence) (Entered: 09/09/2015)

1 Exhibit A Certificate for Admission Pro Hac Vice of Paul J. Ondrasik, Jr.

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Sept. 9, 2015 PACER
14

Judge William G. Young: ELECTRONIC ORDER entered granting 12 Motion for Leave to Appear Pro Hac Vice; granting 13 Motion for Leave to Appear Pro Hac Vice. Added Eric G. Serron and Paul J. Ondrasik, Jr.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 09/10/2015)

Sept. 10, 2015 PACER
15

CORPORATE DISCLOSURE STATEMENT by Wal-Mart Stores Inc.. (McCourt, Terence) (Entered: 09/14/2015)

Sept. 14, 2015 PACER
16

Defendant's ANSWER to 1 Complaint, with Jury Demand by Wal-Mart Stores Inc..(McCourt, Terence) (Entered: 09/14/2015)

Sept. 14, 2015 PACER
17

NOTICE of Scheduling Conference. Scheduling Conference set for 10/21/2015 02:30 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 09/23/2015)

Sept. 23, 2015 PACER
18

NOTICE of Appearance by Allison Whitney Wright on behalf of Jacqueline A. Cote (Wright, Allison) (Entered: 10/05/2015)

Oct. 5, 2015 PACER
19

JOINT STATEMENT of counsel Pursuant to Fed. R. Civ. P. 26(f) and LOC. R. 16.1. (McCourt, Terence) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
20

CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (McCourt, Terence) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
21

CERTIFICATION pursuant to Local Rule 16.1 . (Wright, Allison) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
22

Judge William G. Young: ELECTRONIC ORDER entered: The joint statement is returned to the parties as too long a time line. The parties are to resubmit the joint statement. re 19 Joint statement of counsel (Paine, Matthew) (Entered: 10/20/2015)

Oct. 20, 2015 PACER
25

Electronic Clerk's Notes for proceedings held before Judge William G. Young: Scheduling Conference held on 10/21/2015. The Court explains the requirements of the session. The parties do not wish to proceed before a magistrate judge. The case is to go to ADR during the month of February 2016. Case is placed on the running trial list as of November 2016. A final pretrial conference will be set for the month of October 2016. A joint pretrial memo is due the first Monday of the month preceding trial month. Any motions for summary judgment shall be filed atleast three (3) months prior to trial month. Counsel shall file a joint proposed case management schedule within two weeks. (Ready for Trial on 11/7/2016 09:00 AM in Courtroom 18 before Judge William G. Young.) (Court Reporter: No Court Reporter Used.) (Gaudet, Jennifer) (Entered: 11/06/2015)

Oct. 21, 2015 PACER
23

Amended JOINT STATEMENT of counsel Pursuant to Fed. R. Civ. P. 26(f) and LOC. R. 16.1. (McCourt, Terence) (Entered: 11/04/2015)

Nov. 4, 2015 PACER
24

Judge William G. Young: ORDER entered re 23 Amended JOINT STATEMENT is so ordered as the case management scheduling order. DISCOVERY DUE July 8, 2016 and DISPOSITIVE MOTIONS DUE May 26, 2016. (Paine, Matthew) (Entered: 11/06/2015)

Nov. 5, 2015 PACER
26

REFERRING CASE to Alternative Dispute Resolution as of February 2016.(Paine, Matthew) (Entered: 11/06/2015)

Nov. 6, 2015 PACER
27

Notice of assignment to ADR Provider. Judge Jennifer C. Boal appointed.(Garvin, Brendan) (Entered: 11/10/2015)

Nov. 10, 2015 PACER
28

ELECTRONIC NOTICE of Hearing. The Alternative Dispute Resolution Hearing is set for 2/12/2016 at 10:00 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. Counsel and principals are directed to be present and have full settlement authority. Each party must submit a brief (no more than 5 pages) mediation memorandum that includes a discussion of (1) the merits of the case (both strengths and weaknesses); (2) damages or other relief sought by the parties; (3) the status of discovery; and (4) the status of the parties' settlement discussions. The memoranda should be submitted BY HAND, E-MAIL to (steve_york@mad.uscourts.gov), OR MAIL WITH THE COURT no later than five (5) business days prior to the mediation and marked "Confidential - Not for Docketing." In the event that any party believes that the case is not ripe for mediation, or the date poses a serious conflict, counsel are to notify opposing counsel and call the deputy clerk at 617-748-9238 as soon as possible. Prior to the mediation, there will be a Telephone Conference set for 2/9/2016 at 11:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. The clerk will provide the call in information to all parties by email, one day prior to the upcoming telephone conference. (York, Steve) (Entered: 11/10/2015)

Nov. 10, 2015 PACER
29

NOTICE of Appearance by John A. Freedman on behalf of Jacqueline A. Cote (Freedman, John) (Entered: 12/29/2015)

Dec. 29, 2015 PACER
30

MOTION for Leave to Appear Pro Hac Vice for admission of Peter Grossi & Sarah Warlick Filing fee: $ 200, receipt number 0101-5908190 by Jacqueline A. Cote.(Freedman, John) (Entered: 12/30/2015)

Dec. 30, 2015 PACER
31

Judge William G. Young: ELECTRONIC ORDER entered granting 30 Motion for Leave to Appear Pro Hac Vice. Added Peter Grossiand Sarah Warlick. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 01/04/2016)

Jan. 4, 2016 PACER
32

MOTION for Leave to Appear Pro Hac Vice for admission of Juno Turner Filing fee: $ 100, receipt number 0101-5933471 by Jacqueline A. Cote. (Attachments: # 1 Pro Hac Vice Certification of Juno Turner)(Wright, Allison) (Entered: 01/19/2016)

1 Pro Hac Vice Certification of Juno Turner

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Jan. 19, 2016 PACER
33

MOTION for Leave to Appear Pro Hac Vice for admission of Sally Abrahamson Filing fee: $ 100, receipt number 0101-5933523 by Jacqueline A. Cote. (Attachments: # 1 Pro Hac Vice Certification of Sally Abrahamson)(Wright, Allison) (Entered: 01/19/2016)

1 Pro Hac Vice Certification of Sally Abrahamson

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Jan. 19, 2016 PACER
34

Judge William G. Young: ELECTRONIC ORDER entered granting 32 Motion for Leave to Appear; granting 33 Motion for Leave to Appear Pro Hac Vice. Added Juno Turner and Sally Abrahamson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 01/20/2016)

Jan. 20, 2016 PACER
35

Joint MOTION to Continue Mediation Before Judge Boal to A date to be determined Joint Motion Regarding Alternative Dispute Resolution Before Magistrate Judge Boal by Jacqueline A. Cote.(Romer-Friedman, Peter) (Entered: 01/22/2016)

Jan. 22, 2016 PACER
36

Consent MOTION for Order Approving Notice of Request to Authorize Disclosure of Contact Information and Other Health Benefits Information by Jacqueline A. Cote. (Romer-Friedman, Peter) (Modified on 1/26/2016 to Correct Docket Text) (Paine, Matthew). (Entered: 01/22/2016)

Jan. 22, 2016 PACER
37

Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 35 Joint Motion to Continue Mediation Before Judge Boal to A date to be determined Joint Motion Regarding Alternative Dispute Resolution Before Magistrate Judge Boal. (York, Steve) (Entered: 01/22/2016)

Jan. 22, 2016 PACER
38

ELECTRONIC NOTICE Canceling Hearing. Please note that the Telephone Conference set for 2/9/2016 at 11:30 a.m. and the Alternative Dispute Resolution Hearing set for 2/12/2016 at 10:00 a.m. before Magistrate Judge Jennifer C. Boal is now Canceled. (York, Steve) (Entered: 01/22/2016)

Jan. 22, 2016 PACER
39

MEMORANDUM in Support re 36 Consent MOTION for Order Approving Notice of Request to Authorize Disclosure of Contact Information and Other Health Benefits Information filed by Jacqueline A. Cote. (Attachments: # 1 Exhibit A - Notice, # 2Exhibit B - Authorization Form)(Romer-Friedman, Peter) Modified on 1/26/2016 (Paine, Matthew). (Entered: 01/25/2016)

1 Exhibit A - Notice

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2 Exhibit B - Authorization Form

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Jan. 25, 2016 PACER
40

Judge William G. Young: ELECTRONIC ORDER entered granting 36 Consent MOTION for Order Approving Notice of Request to Authorize Disclosure of Contact Information and Other Health Benefits Information. (Paine, Matthew) (Entered: 01/26/2016)

Jan. 26, 2016 PACER
41

Joint MOTION for Protective Order by Wal-Mart Stores Inc.. (Attachments: # 1 Exhibit A to Joint Motion for Entry of a Protective Order - Stipulated Protective Order, # 2 Exhibit 1 to Stipulated Protective Order - Confidentiality Agreement)(McCourt, Terence) (Entered: 02/08/2016)

1 Exhibit A to Joint Motion for Entry of a Protective Order - Stipulated Protectiv

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2 Exhibit 1 to Stipulated Protective Order - Confidentiality Agreement

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Feb. 8, 2016 PACER
42

Judge William G. Young: ELECTRONIC ORDER entered: Motion allowed as modified re 41 Joint MOTION for Protective Order. (Paine, Matthew) (Entered: 02/10/2016)

Feb. 9, 2016 PACER
43

Judge William G. Young: ORDER entered. STIPULATED PROTECTIVE ORDER as modified (Attachments: # 1 Exhibit 1)(Paine, Matthew) (Entered: 02/10/2016)

1 Exhibit 1

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Feb. 9, 2016 PACER
44

Joint MOTION to Stay by Wal-Mart Stores Inc..(McCourt, Terence) (Entered: 03/02/2016)

March 2, 2016 RECAP
45

Judge William G. Young: ELECTRONIC ORDER entered: Motion allowed. In no event will the November 2016 trial date be continued re 44 Joint MOTION to Stay by Wal-Mart Stores Inc. (Paine, Matthew) (Entered: 03/04/2016)

March 4, 2016 PACER
46

Judge William G. Young: ORDER FOR ADMINISTRATIVE CLOSURE: This case is hereby ORDERED administratively closed. (Paine, Matthew) (Entered: 04/20/2016)

April 20, 2016 PACER
47

MOTION for Leave to Appear Pro Hac Vice for admission of Matthew Handley Filing fee: $ 100, receipt number 0101-6261648 by Jacqueline A. Cote.(Freedman, John) (Entered: 08/24/2016)

Aug. 24, 2016 PACER
48

Judge William G. Young: ELECTRONIC ORDER entered granting 47 Motion for Leave to Appear Pro Hac Vice. Added Matthew Handley. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
49

Consent MOTION to Reopen Case by Jacqueline A. Cote.(Romer-Friedman, Peter) (Entered: 12/02/2016)

Dec. 2, 2016 PACER
50

MOTION for Settlement Plaintiff's Motion for Preliminary Approval of Class Action Settlement by Jacqueline A. Cote.(Romer-Friedman, Peter) (Entered: 12/02/2016)

Dec. 2, 2016 PACER
51

MEMORANDUM in Support re 50 MOTION for Settlement Plaintiff's Motion for Preliminary Approval of Class Action Settlement filed by Jacqueline A. Cote. (Romer-Friedman, Peter) (Entered: 12/02/2016)

Dec. 2, 2016 PACER
52

MOTION to Certify Class by Jacqueline A. Cote.(Romer-Friedman, Peter) (Entered: 12/02/2016)

Dec. 2, 2016 PACER
53

MEMORANDUM in Support re 52 MOTION to Certify Class filed by Jacqueline A. Cote. (Romer-Friedman, Peter) (Entered: 12/02/2016)

Dec. 2, 2016 PACER
54

DECLARATION re 51 Memorandum in Support of Motion, 50 MOTION for Settlement Plaintiff's Motion for Preliminary Approval of Class Action Settlement, 53 Memorandum in Support of Motion, 52 MOTION to Certify Class by Jacqueline A. Cote. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Romer-Friedman, Peter) (Modified on 12/5/2016 to Correct Docket Text) (Paine, Matthew). (Entered: 12/02/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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Dec. 2, 2016 PACER
55

DECLARATION re 51 Memorandum in Support of Motion, 50 MOTION for Settlement Plaintiff's Motion for Preliminary Approval of Class Action Settlement, 53 Memorandum in Support of Motion, 52 MOTION to Certify Class by Jacqueline A. Cote. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Romer-Friedman, Peter) (Modified on 12/5/2016 to Correct Docket Text) (Paine, Matthew). (Entered: 12/02/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Dec. 2, 2016 PACER
56

DECLARATION re 51 Memorandum in Support of Motion, 50 MOTION for Settlement Plaintiff's Motion for Preliminary Approval of Class Action Settlement, 53 Memorandum in Support of Motion, 52 MOTION to Certify Class by Jacqueline A. Cote. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Romer-Friedman, Peter) (Modified on 12/5/2016 to Correct Docket Text) (Paine, Matthew). (Entered: 12/02/2016)

1 Exhibit A

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2 Exhibit B

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Dec. 2, 2016 PACER
57

DECLARATION re 51 Memorandum in Support of Motion, 50 MOTION for Settlement Plaintiff's Motion for Preliminary Approval of Class Action Settlement, 53 Memorandum in Support of Motion, 52 MOTION to Certify Class by Jacqueline A. Cote. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Romer-Friedman, Peter) (Modified on 12/5/2016 to Correct Docket Text) (Paine, Matthew). (Entered: 12/02/2016)

1 Exhibit A

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2 Exhibit B

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Dec. 2, 2016 PACER
58

Judge William G. Young: ELECTRONIC ORDER entered granting 49 Motion to Reopen Case (Paine, Matthew) (Entered: 12/06/2016)

Dec. 6, 2016 PACER

Case reopened. (Nicewicz, Craig)

Dec. 6, 2016 PACER
59

ELECTRONIC NOTICE Setting Hearing on Motion 52 MOTION to Certify Class, 50 MOTION for Settlement Plaintiff's Motion for Preliminary Approval of Class Action Settlement : Motion Hearing set for 12/16/2016 10:00 AM in Courtroom 8 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 12/07/2016)

Dec. 7, 2016 PACER
60

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Naomi Beer Filing fee: $ 100, receipt number 0101-6409292 by Wal-Mart Stores Inc.. (Attachments: # 1 Appendix Certificate of Admission)(McCourt, Terence) (Entered: 12/09/2016)

1 Appendix Certificate of Admission

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Dec. 9, 2016 PACER
61

Judge William G. Young: ELECTRONIC ORDER entered granting 60 Motion for Leave to Appear Pro Hac Vice Added Naomi G. Beer. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 12/12/2016)

Dec. 12, 2016 PACER
66

Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 12/16/2016 re 50 MOTION for Settlement Plaintiff's Motion for Preliminary Approval of Class Action Settlement filed by Jacqueline A. Cote. The Court enters an Order granting Plaintiff's Motion for Preliminary Approval of Class Action Settlement and Approval of the Proposed Notice of Settlement. A Fairness Hearing is set for May 11, 2017 at 2:00 PM. Any briefing re: attorney's fees is welcomed. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Wright and Freeman for the plaintiff, Beer and McCourt) (Gaudet, Jennifer) (Entered: 12/23/2016)

Dec. 16, 2016 PACER
62

Transcript of Preliminary Approval of Class Action Settlement held on December 16, 2016, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 1/12/2017. Redacted Transcript Deadline set for 1/23/2017. Release of Transcript Restriction set for 3/22/2017. (Scalfani, Deborah) (Entered: 12/22/2016)

Dec. 22, 2016 PACER
63

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 12/22/2016)

Dec. 22, 2016 PACER
64

Judge William G. Young: ELECTRONIC ORDER entered granting 50 Plaintiff's Motion for Preliminary Approval of Class Action Settlement and Approval of the Proposed Notice of Settlement (Paine, Matthew) (Entered: 12/22/2016)

Dec. 22, 2016 PACER
65

ELECTRONIC NOTICE of Hearing re FAIRNESS HEARING : Hearing set for 5/11/2017 02:00 PM in Courtroom 18 before Judge William G. Young. (Paine, Matthew) (Entered: 12/22/2016)

Dec. 22, 2016 PACER
67

MOTION for Settlement Plaintiff's Motion for Final Approval of Class Action Settlement, Final Approval of Settlement Class, and Approval of Distribution of Settlement Funds by Jacqueline A. Cote.(Romer-Friedman, Peter) (Entered: 04/27/2017)

April 27, 2017 RECAP
68

(SEE ECF NO. 73 - CORRECTED MEMORANDUM FILED) MEMORANDUM in Support re 67 MOTION for Settlement Plaintiff's Motion for Final Approval of Class Action Settlement, Final Approval of Settlement Class, and Approval of Distribution of Settlement Funds filed by Jacqueline A. Cote. (Romer-Friedman, Peter) (Modified on 4/28/2017 TO UPDATE DOCKET TEXT) (Paine, Matthew). (Entered: 04/27/2017)

April 27, 2017 PACER
69

MOTION for Attorney Fees Plaintiff's Motion for Approval of Attorneys' Fees and Reimbursement of Expenses by Jacqueline A. Cote.(Romer-Friedman, Peter) (Entered: 04/27/2017)

April 27, 2017 PACER
70

MEMORANDUM in Support re 69 MOTION for Attorney Fees Plaintiff's Motion for Approval of Attorneys' Fees and Reimbursement of Expenses filed by Jacqueline A. Cote. (Romer-Friedman, Peter) (Main Document 70 replaced on 5/1/2017) (Paine, Matthew). (Entered: 04/27/2017)

April 27, 2017 RECAP
71

MOTION for Settlement Plaintiff's Motion for Approval of Service Payment by Jacqueline A. Cote.(Romer-Friedman, Peter) (Entered: 04/27/2017)

April 27, 2017 PACER
72

MEMORANDUM in Support re 71 MOTION for Settlement Plaintiff's Motion for Approval of Service Payment filed by Jacqueline A. Cote. (Romer-Friedman, Peter) (Entered: 04/27/2017)

April 27, 2017 PACER
73

CORRECTED MEMORANDUM in Support re 67 MOTION for Settlement Plaintiff's Motion for Final Approval of Class Action Settlement, Final Approval of Settlement Class, and Approval of Distribution of Settlement Funds filed by Jacqueline A. Cote. (Romer-Friedman, Peter) (Modified on 4/28/2017 to Update Docket Text) (Paine, Matthew). (Entered: 04/27/2017)

April 27, 2017 PACER
74

AFFIDAVIT in Support re 71 MOTION for Settlement Plaintiff's Motion for Approval of Service Payment, 69 MOTION for Attorney Fees Plaintiff's Motion for Approval of Attorneys' Fees and Reimbursement of Expenses, 67 MOTION for Settlement Plaintiff's Motion for Final Approval of Class Action Settlement, Final Approval of Settlement Class, and Approval of Distribution of Settlement Funds filed by Jacqueline A. Cote. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Romer-Friedman, Peter) (Main Document 74 replaced on 5/1/2017) (Paine, Matthew). (Attachment 5 replaced on 5/1/2017) (Paine, Matthew). (Entered: 04/27/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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April 27, 2017 PACER
75

AFFIDAVIT of Gary D. Buseck in Support re 69 MOTION for Attorney Fees Plaintiff's Motion for Approval of Attorneys' Fees and Reimbursement of Expenses filed by Jacqueline A. Cote. (Romer-Friedman, Peter) (Entered: 04/27/2017)

April 27, 2017 PACER
76

AFFIDAVIT of Peter Grossi in Support re 69 MOTION for Attorney Fees Plaintiff's Motion for Approval of Attorneys' Fees and Reimbursement of Expenses filed by Jacqueline A. Cote. (Romer-Friedman, Peter) (Entered: 04/27/2017)

April 27, 2017 PACER
77

AFFIDAVIT of Matthew K. Handley in Support re 69 MOTION for Attorney Fees Plaintiff's Motion for Approval of Attorneys' Fees and Reimbursement of Expenses filed by Jacqueline A. Cote. (Romer-Friedman, Peter) (Entered: 04/27/2017)

April 27, 2017 PACER
78

ELECTRONIC NOTICE issued requesting courtesy copy for 70 Memorandum in Support of Motion, 75 Affidavit in Support of Motion, 74 Affidavit in Support of Motion,, 71 MOTION for Settlement Plaintiff's Motion for Approval of Service Payment, 69 MOTION for Attorney Fees Plaintiff's Motion for Approval of Attorneys' Fees and Reimbursement of Expenses, 77 Affidavit in Support of Motion, 76 Affidavit in Support of Motion, 73 Memorandum in Support of Motion, 67 MOTION for Settlement Plaintiff's Motion for Final Approval of Class Action Settlement, Final Approval of Settlement Class, and Approval of Distribution of Settlement Funds, 72 Memorandum in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine Docket Clerk Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 04/28/2017)

April 28, 2017 PACER
79

ELECTRONIC NOTICE OF RESCHEDULING.Fairness Hearing reset for 5/15/2017 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 04/28/2017)

April 28, 2017 PACER
80

NOTICE by Jacqueline A. Cote Notice of Plaintiff's Update with Respect to Class Members' Claim Forms (Romer-Friedman, Peter) (Entered: 05/12/2017)

May 12, 2017 PACER
81

AFFIDAVIT re 80 Notice (Other) Declaration of Bernella Osterlund re Claims Filed by Jacqueline A. Cote. (Romer-Friedman, Peter) (Entered: 05/12/2017)

May 12, 2017 PACER
82

Electronic Clerk's Notes for proceedings held before Judge William G. Young: Fairness Hearing held on 5/15/2017. The Court inquires in open court whether there are any objectors or parties for comment - no affirmative responses. The Court enters an Order granting 67 Motion for Final Approval of Settlement; granting 69 Motion for Attorney Fees; granting 71 Motion for Approval of Service Payment. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Romer-Friedman and Turner for the plaintiff, Attorneys McCourt and Beer for the defendant) (Gaudet, Jennifer) (Entered: 05/16/2017)

May 15, 2017 PACER
83

Judge William G. Young: ORDER entered. FINAL ORDER APPROVING SETTLEMENT (Paine, Matthew) (Entered: 05/16/2017)

May 16, 2017 PACER

State / Territory: Massachusetts

Case Type(s):

Equal Employment

Key Dates

Filing Date: July 14, 2015

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Wal-Mart employees who had lawful, valid marriages with a person of the same sex and were deprived of employment-based spousal health insurance benefits because of their sex.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

GLAD (GLBTQ Legal Advocates & Defenders)

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Wal-Mart Stores, Inc., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

State law

Equal Pay Act, 29 U.S.C. § 206(d)

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: 7,500,000

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Sexual orientatation