Case: EEOC v. Kroger

1:25-cv-00272 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 17, 2025

Case Ongoing

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Case Summary

(This summary is temporary, while we research the case.) On January 17, 2025, the Equal Employment Opportunity Commission filed this lawsuit in the United States District Court for the Northern District of Georgia against Kroger. The Plaintiff alleged that Kroger unlawfully failed to accommodate and retaliated against an employee with breast cancer in violation of the Americans with Disabilities Act. The EEOC asked for compensatory damages for the injured employee and a permanent injunction requiring Kroger to comply with the ADA. This case is ongoing.

Summary Authors

Hirofumi Takano (5/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69607855/parties/equal-employment-opportunity-commission-v-the-kroger-co/


Judge(s)

May, Leigh Martin (Georgia)

Attorney for Plaintiff

O'Brien, Matthew David (Georgia)

Attorney for Defendant

Barron, David L. (Georgia)

Jeune, Danielle Corin (Georgia)

Su, Nicole Elizabeth (Georgia)

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Documents in the Clearinghouse

Document
1

1:25-cv-00272

Complaint

Equal Employment Opportunity Commission v. Kroger

Jan. 17, 2025

Jan. 17, 2025

Complaint
7

1:25-cv-00272

[Untitled]

March 28, 2025

March 28, 2025

7

1:25-cv-00272

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March 28, 2025

March 28, 2025

12

1:25-cv-00272

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April 29, 2025

April 29, 2025

12

1:25-cv-00272

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April 29, 2025

April 29, 2025

19

1:25-cv-00272

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Aug. 8, 2025

Aug. 8, 2025

19

1:25-cv-00272

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Aug. 8, 2025

Aug. 8, 2025

22

1:25-cv-00272

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Sept. 16, 2025

Sept. 16, 2025

22

1:25-cv-00272

[Untitled]

Sept. 16, 2025

Sept. 16, 2025

22

1:25-cv-00272

[Untitled]

Sept. 16, 2025

Sept. 16, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69607855/equal-employment-opportunity-commission-v-the-kroger-co/

Last updated May 10, 2026, 12:46 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(tas) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 01/23/2025)

Jan. 17, 2025

Jan. 17, 2025

Clearinghouse
2

WAIVER OF SERVICE Returned Executed by The Kroger Co.. The Kroger Co. waiver mailed on 1/30/2025, answer due 3/31/2025. (Le Jeune, Danielle) (Entered: 02/06/2025)

Feb. 6, 2025

Feb. 6, 2025

3

APPLICATION for Admission of David Leslie Barron Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14049559).by The Kroger Co.. (Le Jeune, Danielle) Documents for this entry are not available for viewing outside the courthouse. (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

4

APPLICATION for Admission of Nicole Elizabeth Su Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14049583).by The Kroger Co.. (Le Jeune, Danielle) Documents for this entry are not available for viewing outside the courthouse. (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

APPROVAL by Clerks Office re: 4 APPLICATION for Admission of Nicole Elizabeth Su Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14049583). Attorney Nicole Elizabeth Su added appearing on behalf of The Kroger Co.. E-filing access may be requested after an order granting the application is entered. (jas)

Feb. 10, 2025

Feb. 10, 2025

ORAL ORDER granting 4 Application for Admission of Nicole Elizabeth Su Pro Hac Vice. Ruled on by Judge Leigh Martin May on 2/10/2025. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bnp)

Feb. 10, 2025

Feb. 10, 2025

5

APPLICATION for Admission of David Leslie Barron Pro Hac Vice.by The Kroger Co.. (Le Jeune, Danielle) Documents for this entry are not available for viewing outside the courthouse. (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

6

WAIVER OF SERVICE Returned Executed by The Kroger Co.. The Kroger Co. waiver mailed on 1/28/2025, answer due 3/31/2025. (Le Jeune, Danielle) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

RETURN of 3 APPLICATION for Admission of David Leslie Barron Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14049559) to attorney for correction. Reason for return: Local counsel's firm address and business structure title on application do not match with what is on file with the court. If address on file with the court is incorrect, please update firm address in PACER and then resubmit application once address has been updated. If address on file with the court is correct, please modify local counsel's address on application to reflect address on file with the court, and then resubmit. (mh)

Feb. 11, 2025

Feb. 11, 2025

APPROVAL by Clerks Office re: 5 APPLICATION for Admission of David Leslie Barron Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14049559). Attorney David L. Barron added appearing on behalf of The Kroger Co.. E-filing access may be requested after an order granting the application is entered. (mh)

Feb. 11, 2025

Feb. 11, 2025

ORAL ORDER granting 5 Application for Admission of David Leslie Barron Pro Hac Vice. Ruled on by Judge Leigh Martin May on 2/11/2025. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bnp)

Feb. 11, 2025

Feb. 11, 2025

7

ANSWER to 1 COMPLAINT by The Kroger Co.. Discovery ends on 8/25/2025.(Barron, David) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

Clearinghouse
8

AFFIDAVIT of Service for Subpoena to Produce Documents, as to T Mobile. (O'Brien, Matthew) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

9

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Equal Employment Opportunity Commission. (O'Brien, Matthew) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

10

CERTIFICATE OF SERVICE FOR PLAINTIFF'S INITIAL DISCLOSURES by Equal Employment Opportunity Commission.(O'Brien, Matthew) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

11

CERTIFICATE OF SERVICE FOR DEFENDANT'S INITIAL DISCLOSURES by The Kroger Co..(Su, Nicole) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

12

SCHEDULING ORDER: re: 9 Joint Preliminary Report and Discovery Plan. As an initial matter, the undersigned observes that the Court offers the services of its Magistrate Judges to mediate cases at no cost. Should the parties desire to mediate, they may contact the chambers of the Honorable Russell G. Vineyard (404-215-1375), Chief United States Magistrate Judge. Discovery ends on 8/25/2025. Motions under Local Rule 7.1(A)(2) including motions to amend pleadings due by 4/28/2025. Motions for summary judgment no later than 9/24/25. Proposed Pretrial Order due by 9/24/2025, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties. Signed by Magistrate Judge Walter E. Johnson on 4/29/25. (klb) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

Clearinghouse
13

NOTICE to Parties Regarding Summary Judgment Motions. Signed by Magistrate Judge Walter E. Johnson on 4/29/25. (klb) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

14

ORDER - Local Rule 3.3 requires non-governmental parties to file a Certificate of Interested Persons and Corporate Disclosure Statement at the time of first appearance. N.D. Ga. Civ. R. 3.3. However, all private parties have not complied with that requirement. Accordingly, the Court ORDERS parties that have not done so to comply with Local Rule 3.3 within TEN (10) DAYS of the date of this Order.The Clerk is DIRECTED to resubmit this action to the undersigned Magistrate Judge upon expiration of the above time period if the parties have not filed the proper documents. Signed by Magistrate Judge Walter E. Johnson on 5/1/25. (klb) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

15

CERTIFICATE OF SERVICE for Plaintiff's first interrogatories and requests for production of documents to Defendant by Equal Employment Opportunity Commission.(O'Brien, Matthew) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

16

Certificate of Interested Persons and Corporate Disclosure Statement by The Kroger Co.. (Su, Nicole) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

17

CERTIFICATE OF SERVICE Responses and Objections to Defendant's First Interrogatories and Requests for Production to Plaintiff by Equal Employment Opportunity Commission.(O'Brien, Matthew) (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

18

Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Extend the Discovery Period and Related Deadlines)(O'Brien, Matthew) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

19

ORDER granting 18 Motion for Extension of Time to Complete Discovery. Discovery ends on 9/24/2025. Motions for summary judgment no later than 10/24/2025. Proposed Pretrial Order due by 10/25/2025, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties. Signed by Magistrate Judge Walter E. Johnson on 8/8/25. (klb) (Entered: 08/08/2025)

Aug. 8, 2025

Aug. 8, 2025

Clearinghouse
20

CERTIFICATE OF SERVICE Plaintiff's First Amended Initial Disclosures by Equal Employment Opportunity Commission.(O'Brien, Matthew) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

Case Reassigned to Magistrate Judge John H. Rains, IV. Magistrate Judge Walter E. Johnson no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:25-cv-00272-LMM-JHR. Please make note of this change in order to facilitate the docketing of pleadings in this case. (cpp)

Aug. 25, 2025

Aug. 25, 2025

21

Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Extend the Discovery Period and Related Deadlines)(O'Brien, Matthew) (Entered: 09/16/2025)

Sept. 16, 2025

Sept. 16, 2025

22

ORDER granting 21 Motion for Extension of Time to Complete Discovery. Discovery ends on 10/24/2025. Motions for summary judgment no later than 12/5/2025. Proposed Pretrial Order due by 12/5/2025, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties. Signed by Magistrate Judge John H. Rains IV on 9/16/25. (klb) (Entered: 09/16/2025)

Sept. 16, 2025

Sept. 16, 2025

Clearinghouse
22

ORDER granting 21 Motion for Extension of Time to Complete Discovery. Discovery ends on 10/24/2025. Motions for summary judgment no later than 12/5/2025. Proposed Pretrial Order due by 12/5/2025, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties. Signed by Magistrate Judge John H. Rains IV on 9/16/25. (klb) (Entered: 09/16/2025)

Sept. 16, 2025

Sept. 16, 2025

Clearinghouse
22

ORDER granting 21 Motion for Extension of Time to Complete Discovery. Discovery ends on 10/24/2025. Motions for summary judgment no later than 12/5/2025. Proposed Pretrial Order due by 12/5/2025, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties. Signed by Magistrate Judge John H. Rains IV on 9/16/25. (klb) (Entered: 09/16/2025)

Sept. 16, 2025

Sept. 16, 2025

Clearinghouse
23

Consent MOTION to Stay by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Stay)(O'Brien, Matthew) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

24

ADMINISTRATIVE ORDER 25-01 Staying Civil Litigation in which the United States is a Party in Light of Lapse of Appropriations. Signed by Chief Judge Leigh Martin May on 10/1/2025. (bgt) (Entered: 10/02/2025)

Oct. 1, 2025

Oct. 1, 2025

Oral ORDER denying as moot the 23 Consent Motion to Stay in light of Administrative Order 25-01 staying civil litigation in which the U.S. is a party. Entered by Magistrate Judge John H. Rains, IV on 10/2/2025. (tmf)

Oct. 2, 2025

Oct. 2, 2025

25

ADMINISTRATIVE ORDER 25-03 Lifting Stay of Civil Litigation in Which the United States is a Party in Light of Restoration of Appropriations. The stay imposed by Administrative Order 25-01 is hereby LIFTED effective November 13, 2025. All deadlines in place as of October 1, 2025, in cases stayed by Administrative Order 25-01 are hereby EXTENDED by 46 days. Signed by Chief Judge Leigh Martin May on 11/13/2025. (bgt) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

26

Unopposed MOTION for Extension of Time to Extend the Discovery Period and Related Deadlines by The Kroger Co.. (Attachments: # 1 Text of Proposed Order)(Barron, David) Modified on 12/8/2025 (jkb). (Entered: 12/04/2025)

Dec. 4, 2025

Dec. 4, 2025

27

ORDER granting 26 Motion for Extension of Time to Complete Discovery. Discovery ends on 2/9/2026. Motions due by 3/23/2026. Proposed Pretrial Order due by 3/23/2026. Signed by Magistrate Judge John H. Rains, IV on 12/8/2025. (jkb) (Entered: 12/08/2025)

Dec. 8, 2025

Dec. 8, 2025

Clearinghouse
28

CERTIFICATE OF SERVICE Notice of Deposition Pursuant to FRCP 30(b)(6) by Equal Employment Opportunity Commission.(O'Brien, Matthew) (Entered: 01/05/2026)

Jan. 5, 2026

Jan. 5, 2026

29

CERTIFICATE OF SERVICE Amended Notice of Deposition Pursuant to FRCP 30(b)(6) by Equal Employment Opportunity Commission.(O'Brien, Matthew) (Entered: 01/08/2026)

Jan. 8, 2026

Jan. 8, 2026

30

CERTIFICATE OF SERVICE Second Interrogatories to Defendant by Equal Employment Opportunity Commission.(O'Brien, Matthew) (Entered: 01/08/2026)

Jan. 8, 2026

Jan. 8, 2026

31

CERTIFICATE OF SERVICE Second Requests for Production of Documents to Defendant by Equal Employment Opportunity Commission.(O'Brien, Matthew) (Entered: 01/08/2026)

Jan. 8, 2026

Jan. 8, 2026

32

CERTIFICATE OF SERVICE for Defendant's Supplemental Responses to Plaintiff's First Set of Interrogatories to Defendant by The Kroger Co..(Barron, David) (Entered: 01/09/2026)

Jan. 9, 2026

Jan. 9, 2026

33

Joint MOTION for Extension of Time File Dispositive Motions by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion)(O'Brien, Matthew) (Entered: 03/16/2026)

March 16, 2026

March 16, 2026

34

ORDER granting 33 Motion for Extension of Time. The deadline for filing dispositive motions is HEREBY extended thirty-five (35)days, through and including June 2, 2026. Signed by Magistrate Judge John H. Rains, IV on 03/17/2026. (jkb) (Entered: 03/18/2026)

March 17, 2026

March 17, 2026

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34

ORDER granting 33 Motion for Extension of Time. The deadline for filing dispositive motions is HEREBY extended thirty-five (35)days, through and including June 2, 2026. Signed by Magistrate Judge John H. Rains, IV on 03/17/2026. (jkb) (Entered: 03/18/2026)

March 17, 2026

March 17, 2026

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34

ORDER granting 33 Motion for Extension of Time. The deadline for filing dispositive motions is HEREBY extended thirty-five (35)days, through and including June 2, 2026. Signed by Magistrate Judge John H. Rains, IV on 03/17/2026. (jkb) (Entered: 03/18/2026)

March 17, 2026

March 17, 2026

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35

NOTICE of Settlement by Equal Employment Opportunity Commission (O'Brien, Matthew) (Entered: 05/04/2026)

May 4, 2026

May 4, 2026

Clearinghouse

Case Details

State / Territory:

Georgia

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 17, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Federal agency suing on behalf of a cashier with disabilities

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Other

The Kroger Co.

Case Details

Causes of Action:

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

Other Dockets:

Northern District of Georgia 1:25-cv-00272

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Retaliation

Recommended Citation