Case: Equal Employment Opportunity Commission v. Wal-Mart Stores East, LP

Equal Employment Opportunity Commission v. Wal-mart Stores East

Equal Employment Opportunity Commission v. Wal-mart Stores East

COMPLAINT against Wal-Mart Stores East, LP. Service to be completed by Waiver of Service of Summons. Filed by Equal Employment Opportunity Commission, (Attachments: # 1 JS-44 Civil Cover Sheet) (Vance, Carrie) (Entered: 09/20/2018)

1 JS-44 Civil Cover Sheet

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Notice of Appearance filed by Elizabeth B Banaszak for Plaintiff Equal Employment Opportunity Commission. (Banaszak, Elizabeth) (Entered: 09/21/2018)

Case randomly assigned to District Judge Barbara B. Crabb and Magistrate Judge Stephen L. Crocker. (jls)

Standard attachments for Judge Barbara B. Crabb required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement, Order on Dispositive Motions. (jls)

Notice of Appearance filed by Susan M. Zoeller for Defendant Wal-Mart Stores East, LP. (Zoeller, Susan) (Entered: 10/10/2018)

Corporate Disclosure Statement by Defendant Wal-Mart Stores East, LP. (Zoeller, Susan) (Entered: 10/10/2018)

Waiver of Service Returned Executed by Defendant Wal-Mart Stores East, LP. Wal-Mart Stores East, LP waiver sent on 9/21/2018, answer due 11/20/2018. (Vance, Carrie) Modified on 10/11/2018. (lak) (Entered: 10/10/2018)

Notice of Appearance filed by Christopher L. Nickels for Defendant Wal-Mart Stores East, LP. (Nickels, Christopher) (Entered: 10/16/2018)

Notice of Appearance filed by William A. Walden for Defendant Wal-Mart Stores East, LP. (Walden, William) (Entered: 11/20/2018)

MOTION TO DISMISS Plaintiff's Complaint by Defendant Wal-Mart Stores East, LP. Brief in Opposition due 12/11/2018. Brief in Reply due 12/21/2018. (Walden, William) (Entered: 11/20/2018)

Brief in Support of 8 Motion to Dismiss Plaintiff's Complaint by Defendant Wal-Mart Stores East, LP. (Walden, William) (Entered: 11/20/2018)

Set Telephonic Pretrial Conference: Telephonic Pretrial Conference set for 12/19/2018 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (jls)

Brief in Opposition by Plaintiff Equal Employment Opportunity Commission re: 8 Motion to Dismiss filed by Wal-Mart Stores East, LP. (Banaszak, Elizabeth) (Entered: 12/11/2018)

Joint Preliminary Pretrial Conference Report by Plaintiff Equal Employment Opportunity Commission. (Banaszak, Elizabeth) (Entered: 12/14/2018)

Telephone Preliminary Pretrial Conference

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 12/19/2018 [:20] (cak)

Pretrial Conference Order - Preliminary Pretrial Packet in cases assigned to District Judge Barbara B. Crabb attached. Dispositive Motions due 2/14/2020. Settlement Letters due 5/22/2020. Motions in Limine due 6/12/2020. Response to Motion due 7/10/2020. Final Pretrial Conference set for 7/22/2020 at 04:00 PM. Jury Selection and Trial set for 8/10/2020 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 12/20/2018. (jls) (Entered: 12/21/2018)

Brief in Reply by Defendant Wal-Mart Stores East, LP in Support of 8 Motion to Dismiss. (Walden, William) (Entered: 12/21/2018)

Notice of Change of Address by Susan M. Zoeller. (Zoeller, Susan) (Entered: 12/21/2018)

Unopposed Motion to Continue All Deadlines Due to Government Shutdown by Plaintiff Equal Employment Opportunity Commission. (Banaszak, Elizabeth) (Entered: 12/26/2018)

** TEXT ONLY ORDER **Plaintiff's motion to stay further proceedings in this case is granted in part and denied in part. Discovery is stayed for the duration of the government shutdown and will recommence the first work day after the shutdown ends. Given that there are no firm deadlines in this case until the October 4, 2019 disclosure of experts, with summary judgment motions to follow on February 14, 2020 and trial set for August 10, 2020, there is no reason to change any of these dates at this time. If the government shutdown continues into June, then we might have a problem and the plaintiff should renew its motion. Signed by Magistrate Judge Stephen L. Crocker on 12/26/2018. (jls) (Entered: 12/26/2018)

Motion to Withdraw as Attorney by Defendant Wal-Mart Stores East, LP. Response due 1/9/2019. (Attachments: # 1 Text of Proposed Order) (Walden, William) (Entered: 01/02/2019)

** TEXT ONLY ORDER **ORDER granting 17 Motion to Withdraw as Attorney. Attorney Christopher L. Nickels and William A. Walden withdrawn from the case. Signed by Magistrate Judge Stephen L. Crocker on 1/2/2019. (voc) (Entered: 01/02/2019)

ORDER denying 8 Motion to Dismiss. Signed by District Judge Barbara B. Crabb on 1/29/2019. (jls)

ANSWER by Defendant Wal-Mart Stores East, LP. (Zoeller, Susan) (Entered: 02/18/2019)

Motion for Sanctions Pursuant to Rule 11 by Plaintiff Equal Employment Opportunity Commission. (Banaszak, Elizabeth) (Entered: 03/25/2019)

Declaration of Elizabeth B. Banaszak filed by Plaintiff Equal Employment Opportunity Commission re: 21 Motion for Sanctions, (Attachments: # 1 Exhibit A - EEOC Rule 11 Letter, # 2 Exhibit B - EEOC Email to Defendant, # 3 Exhibit C - EEOC 2nd Rule 11 Letter, # 4 Exhibit D - EEOC Requests for Admissions) (Banaszak, Elizabeth) (Entered: 03/25/2019)

Declaration of Rosemary Fox filed by Plaintiff Equal Employment Opportunity Commission re: 21 Motion for Sanctions, (Attachments: # 1 Attachment 1 - Charge of Discrimination, # 2 Attachment 2 - Notice of Charge, # 3 Attachment 3 - Letter of Determination, # 4 Attachment 4 - Notice of Conciliation Failure) (Banaszak, Elizabeth) Modified on 3/26/2019. (lak) (Entered: 03/25/2019)

Set Briefing Deadlines

Set Briefing Deadlines as to 21 Motion for Sanctions Pursuant to Rule 11. Brief in Opposition due 4/1/2019. Brief in Reply due 4/8/2019. (jls)

Disregard. See 26 . Modified on 4/2/2019. (lak) (Entered: 04/01/2019)

Notice of Withdrawal of Motion by Plaintiff Equal Employment Opportunity Commission re: 21 Motion for Sanctions Pursuant to Rule 11 filed by Equal Employment Opportunity Commission. (Banaszak, Elizabeth) (Entered: 04/01/2019)

Unopposed Motion for Leave to File Amended Answer by Defendant Wal-Mart Stores East, LP, (Attachments: # 1 Exhibit 1 - Proposed Amended Answer, # 2 Text of Proposed Order) (Zoeller, Susan) Modified on 4/2/2019. (lak) (Entered: 04/01/2019)

ORDER granting 26 Motion for Leave to File Amended Answer. Signed by District Judge Barbara B. Crabb on 4/9/2019. (jls) (Entered: 04/09/2019)

Amended ANSWER by Defendant Wal-Mart Stores East, LP. (Zoeller, Susan) (Entered: 04/12/2019)

Notice of Change of Address by Elizabeth B Banaszak (Banaszak, Elizabeth) (Entered: 05/16/2019)

Motion to Compel Complete Discovery Responses by Plaintiff Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 6/10/2019. (Banaszak, Elizabeth) (Entered: 06/03/2019)

Declaration of Elizabeth B. Banaszak filed by Plaintiff Equal Employment Opportunity Commission re: 30 Motion to Compel, (Attachments: # 1 Exhibit A - 2/19/19 Email, # 2 Exhibit B - EEOC First Interrogatories, # 3 Exhibit C - EEOC First Requests for Production, # 4 Exhibit D - 4/24/19 Email Exchange, # 5 Exhibit E - 5/8/19 Email Exchange, # 6 Exhibit F - Responses to Interrogatories, # 7 Exhibit G - Responses to Requests for Production, # 8 Exhibit H - R. 37 Deficiency Letter, # 9 Exhibit I - 5/30/19 Email Exchange, # 10 Exhibit J - 5/31/19 Email, # 11 Exhibit K - 6/3/19 Email Exchange) (Banaszak, Elizabeth) (Entered: 06/03/2019)

Set Motion and R&R Deadlines/Hearings

Set Deadlines as to 30 Motion to Compel Complete Discovery Responses. Telephone Motion Hearing set for 6/12/2019 at 03:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (jls)

Brief in Opposition by Defendant Wal-Mart Stores East, LP re: 30 Motion to Compel filed by Equal Employment Opportunity Commission, (Attachments: # 1 Exhibit 1 - Determination, # 2 Exhibit 2 - Policy, # 3 Exhibit 3 - Email Chain, # 4 Exhibit 4 - EEOC Interrogatories, # 5 Exhibit 5 - Walmart Interrogatory Answers, # 6 Exhibit 6 - EEOC Requests for Production of Documents, # 7 Exhibit 7 - Walmart Requests for Production of Documents Answers) (Zoeller, Susan) Modified on 6/11/2019. (lak) (Entered: 06/10/2019)

** TEXT ONLY ORDER **On June 12, 2019, the court held a telephonic hearing on plaintiff's motion to compel discovery (dkt. 30 ). In discussion with the parties the court granted the motion in part, denied it in part and gave directions to the parties, all in the manner and for the reasons stated during the hearing. Each side will bear its own costs on this motion. Signed by Magistrate Judge Stephen L. Crocker on 6/12/2019. (jls) (Entered: 06/13/2019)

Order on Motion to Compel

Motion to Admit Leeann Simpkins Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2487527.) by Defendant Wal-Mart Stores East, LP. Motions referred to Magistrate Judge Stephen L. Crocker. (Simpkins, Leeann) (Entered: 06/19/2019)

** TEXT ONLY ORDER **ORDER granting 34 Motion to Admit Leeann Simpkins Pro Hac Vice. Signed by Peter A. Oppeneer, Clerk of Court on 6/19/2019. (voc) (Entered: 06/19/2019)

Order on Motion to Admit Pro Hac Vice

Transcript of Telephonic Motion Hearing, held 6/12/2019 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court's new policy regarding electronic transcripts of court proceedings: see Electronic Transcript Instructions. (jls) (Entered: 06/24/2019)

Motion for Finding of Contempt and Sanctions by Plaintiff Equal Employment Opportunity Commission. Response due 10/10/2019. (Banaszak, Elizabeth) (Entered: 10/03/2019)

Declaration of Elizabeth B. Banaszak filed by Plaintiff Equal Employment Opportunity Commission re: 37 Motion for Finding of Contempt, (Attachments: # 1 Exhibit A - Email Exchange, # 2 Exhibit B - Deficiency Letter, # 3 Exhibit C - Email Exchange, # 4 Exhibit D - Email Exchange, # 5 Exhibit E - Email and Proposed Stipulation, # 6 Exhibit F - Email Exchange) (Banaszak, Elizabeth) (Entered: 10/03/2019)

** TEXT ONLY ORDER ** On October 3, 2019, the EEOC filed a motion (dkt. 37 ) for contempt and for sanctions, alleging that defendant Wal-Mart Stores East has not provided discovery that this court ordered produced at a June 12, 2019 telephonic motion hearing. Wal-Mart's response is due October 10, 2019. The court does not intend to hold a telephonic hearing on this motion. The court's order on the point raised by the EEOC was sufficiently clear; either Wal-Mart complied with this order or it did not. If the court concludes that Wal-Mart did not comply, then it will sanction Wal-Mart and its attorneys under Rule 37(b) to the degree that the court deems commensurate to any found violation. Historically, this court has a record of dealing firmly with disobedience to its discovery orders. Signed by Magistrate Judge Stephen L. Crocker on 10/4/2019. (jls) (Entered: 10/04/2019)

Text Only Order

Notice of Appearance filed by Gregory Gochanour for Plaintiff Equal Employment Opportunity Commission. (Gochanour, Gregory) (Entered: 10/08/2019)

Brief in Opposition by Defendant Wal-Mart Stores East, LP re: 37 Motion for Finding of Contempt filed by Equal Employment Opportunity Commission, (Attachments: # 1 Exhibit 1 - TAD Policy, # 2 Exhibit 2 - October 16, 2017 Accommodation Policy, # 3 Exhibit 3 - Supplemental Interrogatory Answers, # 4 Exhibit 4 - 05.30.2019 Zoeller Email to Banaszak, # 5 Exhibit 5 - 07.19.2019 Supplemental Production, # 6 Exhibit 6 - 07.17.2019 Banaszak Email to Simpkins, # 7 Exhibit 7 - 07.23.2019 Simpkins Email to Banszak, # 8 Exhibit 8 - 07.24.2019 Simpkins Email to Banaszak, # 9 Exhibit 9 - 07.24.2019 Production Specification, # 10 Exhibit 10 - 07.26.2019 Responses to Second Set of Requests for Admission, # 11 Exhibit 11 - 08.04.2019 Supplemental Document Production, # 12 Exhibit 12 - 09.13.2019 Email to Banaszak with Reproduced Gilliam Personnel Files, # 13 Exhibit 13 - 08.16.2019 Simpkins Email to Banasza, # 14 Exhibit 14 - 08.30.2019 Supplemental Production, # 15 Exhibit 15 - 09.13.2019 Supplemental Production, # 16 Exhibit 16 - 09.20.2019 Simpkins Email to Banaszak Reproducing Management and HR List, # 17 Exhibit 17 - 09.04.2019 Simpkins Email to Banaszak, # 18 Exhibit 18 - 09.13.2019 Banaszak Email to Simpkins, # 19 Exhibit 19 - Zoeller Letter to Banaszak) (Zoeller, Susan) (Entered: 10/10/2019)

1 Exhibit 1 - TAD Policy

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2 Exhibit 2 - October 16, 2017 Accommodation Policy

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3 Exhibit 3 - Supplemental Interrogatory Answers

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4 Exhibit 4 - 05.30.2019 Zoeller Email to Banaszak

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5 Exhibit 5 - 07.19.2019 Supplemental Production

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6 Exhibit 6 - 07.17.2019 Banaszak Email to Simpkins

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7 Exhibit 7 - 07.23.2019 Simpkins Email to Banszak

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8 Exhibit 8 - 07.24.2019 Simpkins Email to Banaszak

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9 Exhibit 9 - 07.24.2019 Production Specification

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10 Exhibit 10 - 07.26.2019 Responses to Second Set of

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11 Exhibit 11 - 08.04.2019 Supplemental Document Production

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12 Exhibit 12 - 09.13.2019 Email to Banaszak with Reproduced Gilliam Personnel File

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13 Exhibit 13 - 08.16.2019 Simpkins Email to Banasza

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14 Exhibit 14 - 08.30.2019 Supplemental Production

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15 Exhibit 15 - 09.13.2019 Supplemental Production

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16 Exhibit 16 - 09.20.2019 Simpkins Email to Banaszak Reproducing Management and HR

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17 Exhibit 17 - 09.04.2019 Simpkins Email to Banaszak

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18 Exhibit 18 - 09.13.2019 Banaszak Email to Simpkins

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19 Exhibit 19 - Zoeller Letter to Banaszak

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Brief in Reply by Plaintiff Equal Employment Opportunity Commission in Support of 37 Motion for Finding of Contempt and For Sanctions. (Banaszak, Elizabeth) (Entered: 10/16/2019)

Motion to Withdraw as Attorney by Plaintiff Equal Employment Opportunity Commission. (Kamp, Jean) (Entered: 10/21/2019)

** TEXT ONLY ORDER **ORDER granting 43 Motion to Withdraw as Attorney. Attorney Jean P. Kamp withdrawn from the case. Signed by Magistrate Judge Stephen L. Crocker on 10/22/2019. (jls) (Entered: 10/22/2019)

Order on Motion to Withdraw as Attorney

Protective Order

Order on Motion for Protective Order

Notice of Appearance

Notice (Other)

Notice of Withdrawal of Motion

Extension of Time

Brief in Opposition

Order on Motion for Extension of Time

Miscellaneous Relief

Brief in Support

Quash

Declaration

Admit Pro Hac Vice

Admit Pro Hac Vice

Hearing

Quash

Declaration

Order on Motion to Admit Pro Hac Vice

Text Only Order

Notice (Other)

Notice of Appearance

Notice of Appearance

Brief in Opposition

Declaration

Objection to Motion to Quash Subpoena

Objection to Motion to Quash Subpoena

Leave to File Document

Admit Pro Hac Vice

Order on Motion to Admit Pro Hac Vice

Status Report

Notice of Appearance

Order on Motion for Miscellaneous Relief

Notice (Other)

Telephone Motion Hearing (Chambers Only)

Text Only Order

Scheduling Order

Transcript

Hearing

Order on Motion for Hearing

Set/Reset Hearings

Status Report

Status Report

Telephone Motion Hearing (Chambers Only)