Case: EEOC v. SHOPKO STORES, INC.

2:97-cv-00119 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Feb. 7, 1997

Closed Date: 1999

Clearinghouse coding complete

Case Summary

The Milwaukee office of the EEOC brought this discrimination suit against ShopKo Stores Inc. in February 1997, in the U.S. District Court for the Eastern District of Wisconsin. After the parties engaged in an unsuccessful settlement conference, both the parties filed partial motions for summary judgment. The court granted the defendant's partial motion for summary judgment. After another unsuccessful settlement conference, the parties eventually agreed to a settlement. The court entered a consent decree in March 1999. No information on the consent decree is available (only the case docket is available).

Summary Authors

Lionel Joiner (5/29/2007)

Documents in the Clearinghouse

Document

2:97-cv-00119

Docket [PACER]

EEOC v. Shopko Stores, Inc.

March 31, 1999

March 31, 1999

Docket

Resources

Docket

Last updated Aug. 14, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued); jury demand Consent Forms Distributed for Magistrate Judge Gorence (tlf, ) (Entered: 02/10/1997)

Feb. 7, 1997

Feb. 7, 1997

2

CONSENT to Proceed before Magistrate Judge by plaintiff EEOC (tlf, )

Feb. 14, 1997

Feb. 14, 1997

3

WAIVER OF SERVICE by defendant Shopko Stores,Inc. ; Request sent on 2/7/97 (tlf, ) (Entered: 03/11/1997)

March 10, 1997

March 10, 1997

4

ANSWER by defendant Shopko Stores,Inc. to [1-1] (tlf, ) (Entered: 03/11/1997)

March 10, 1997

March 10, 1997

5

CERTIFICATE OF INTEREST by defendant Shopko Stores,Inc. (tlf, ) (Entered: 03/11/1997)

March 10, 1997

March 10, 1997

6

NOTICE of hearing ; telephone scheduling conference set for 8:30 6/11/97 (cc: all counsel) (tlf, ) (Entered: 03/14/1997)

March 13, 1997

March 13, 1997

7

CONSENT to Proceed before Magistrate Judge by defendant Shopko Stores,Inc. (tlf, )

April 7, 1997

April 7, 1997

8

ORDER by Senior Judge Thomas J. Curran upon consent of parties, this case transferred to Mag Judge Patricia J. Gorence for final disposition (cc: all counsel) (tlf, ) (Entered: 04/15/1997)

April 14, 1997

April 14, 1997

9

NOTICE of hearing: Scheduling conference call set for 3:00 5/28/97 . Pltf's counsel to file letter status report 5/21/97. (cc: all counsel) (bet, ) (Entered: 04/25/1997)

April 24, 1997

April 24, 1997

10

NOTICE of hearing: Scheduling conference call reset for 3:00 6/11/97 (cc: all counsel) (bet, )

May 8, 1997

May 8, 1997

11

STATUS REPORT by defendant Shopko Stores,Inc. with Certificate of Service attached (wied, ) (Entered: 05/19/1997)

May 16, 1997

May 16, 1997

12

STATUS REPORT by plaintiff EEOC (bdr, )

May 23, 1997

May 23, 1997

13

HEARING MINUTES: ; amended complaint ddl set for 7/10/97 ; discovery ddl set for 3/15/98 ; motion filing ddl set for 2/2/98 Plaintiff to name its expert witnesses with reports by 12/1/97; defendant is to depose plaintiff's experts by 1/15/98; defendant is to name its experts by 2/16/98; plaintiff is to depose defendant's experts by 3/15/98; Gordon Schultze will be made available for an independent medical examination by 3/15/98; court will schedule status conference after a decision on dispositive motions; and parties are to submit a status letter by 9/15/97 re: the scheduling of a settlement conference. (wied, ) Modified on 06/17/1997 (Entered: 06/16/1997)

June 11, 1997

June 11, 1997

14

SCHEDULING ORDER Mag Judge Patricia J. Gorence (cc: all counsel) See hearing minutes of 6/11/97 for details. (wied, ) (Entered: 06/17/1997)

June 13, 1997

June 13, 1997

15

Undisputed MOTION by plaintiff EEOC for leave to file amended complaint with attached amended complaint and order. (wied, )

July 8, 1997

July 8, 1997

16

ORDER by Mag Judge Patricia J. Gorence granting motion to file amended complaint [15-1] (cc: all counsel) (wied, ) (Entered: 07/22/1997)

July 21, 1997

July 21, 1997

17

AMENDED COMPLAINT Re: [1-1] by plaintiff EEOC; jury demand (wied, ) (Entered: 07/22/1997)

July 21, 1997

July 21, 1997

18

ANSWER by defendant Shopko Stores,Inc. to [17-1] with attached certificate of service. (wied, )

July 31, 1997

July 31, 1997

19

STATUS REPORT by plaintiff EEOC (wied, )

Sept. 15, 1997

Sept. 15, 1997

20

LETTER from Magistrate Judge Gorence to Magistrate Judge Goodstein that parties have requested a settlement conference. Case file forwarded to Judge Goodstien for the settlement conference. (wied, ) (Entered: 09/25/1997)

Sept. 24, 1997

Sept. 24, 1997

21

ORDER by Mag Judge Aaron E. Goodstein ; settlement conference set for 9:30 11/18/97 (cc: all counsel) (wied, ) (Entered: 09/29/1997)

Sept. 25, 1997

Sept. 25, 1997

22

LETTER from plaintiff to court confirming that the settlement conference previously scheduled for 11/20/97 has been rescheduled for Thursday, 1/15/97 at 9:30am. Pltf atty has spoken with dft atty and he is available on that date. (wied, ) (Entered: 11/06/1997)

Nov. 5, 1997

Nov. 5, 1997

23

HEARING MINUTES: ; settlement conference held 1/15/98; parties unable to resolve differences; case reassigned to Judge Gorence per Judge Goodstein (wied, )

Jan. 15, 1998

Jan. 15, 1998

25

MOTION by defendant for partial summary judgment to dismiss pltf's first cause of action in its complaint (bet, )

Feb. 2, 1998

Feb. 2, 1998

26

BRIEF by defendant in support of motion for partial summary judgment to dismiss pltf's first cause of action in its complaint [25-1] with certificate of service (bet, )

Feb. 2, 1998

Feb. 2, 1998

27

PROPOSED Findings of Fact submitted by defendant (bet, )

Feb. 2, 1998

Feb. 2, 1998

28

AFFIDAVIT of C. Scott Copeland (bet, )

Feb. 2, 1998

Feb. 2, 1998

29

AFFIDAVIT of Richard Laucks (bet, )

Feb. 2, 1998

Feb. 2, 1998

30

AFFIDAVIT of Steven J. Thomas with attachment (bet, )

Feb. 2, 1998

Feb. 2, 1998

31

MOTION by plaintiff EEOC for partial summary judgment (wied, ) (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

32

MEMORANDUM OF LAW by plaintiff EEOC in support of motion for partial summary judgment [31-1] (wied, ) (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

33

STATEMENT of undisputed facts by plaintiff EEOC (wied, ) (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

34

AFFIDAVIT of Jeanette Goss (wied, ) (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

35

NOTICE OF EXPERT WITNESSES submitted by defendant Shopko Stores,Inc. (wied, )

Feb. 13, 1998

Feb. 13, 1998

36

JOINT MOTION by plaintiff EEOC, defendant Shopko Stores,Inc. to extend time to file responses to motions for summary judgment with attached certificate of service and certificate of counsel. (wied, ) Modified on 02/23/1998

Feb. 23, 1998

Feb. 23, 1998

37

ORDER by Mag Judge Patricia J. Gorence granting joint motion to extend time to file responses to motions for summary judgment [36-1]; It is further ordered that the EEOC's response to Shopko Stores Inc.'s motion shall be filed by 3/18/98; It is also ordered that Shopko's response to the EEOC's motion shall be filed by 3/23/98. (cc: all counsel) (wied, ) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

38

RULE 6.07 MOTION by plaintiff EEOC to compel discovery (wied, ) (Entered: 03/06/1998)

March 5, 1998

March 5, 1998

39

LETTER BRIEF by plaintiff EEOC in support of motion to compel discovery [38-1] (wied, ) (Entered: 03/06/1998)

March 5, 1998

March 5, 1998

40

STATEMENT of counsel regarding EEOC's motion to compel discovery. (wied, ) (Entered: 03/06/1998)

March 5, 1998

March 5, 1998

41

JOINT MOTION by plaintiff EEOC, defendant Shopko Stores,Inc. to extend discovery deadline (wied, )

March 6, 1998

March 6, 1998

42

ORDER by Mag Judge Patricia J. Gorence granting joint motion to extend discovery deadline [41-1] ; discovery ddl set for 4/15/98 (cc: all counsel) (wied, ) (Entered: 03/10/1998)

March 9, 1998

March 9, 1998

45

LETTER BRIEF by defendant Shopko Stores,Inc. in opposition to motion to compel discovery [38-1] (wied, ) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

46

AFFIDAVIT of Richard D. Schepp (wied, ) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

47

AFFIDAVIT (copy) of Richard Laucks (wied, ) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

44

LETTER from plaintiff EEOC with attached Exhibit B which was inadvertently omitted from docket #39. (wied, )

March 17, 1998

March 17, 1998

48

MOTION by plaintiff EEOC to extend time to respond to Shopko's motion for partial summary judgment (wied, ) (Entered: 03/19/1998)

March 18, 1998

March 18, 1998

49

HEARING MINUTES: motion to compel discovery [38-1] hearing held 3/19/98 denying motion to compel discovery [38-1]; defendant's request for an additional two days to file its response to the plaintiff's motion for partial summary judgment is granted. Defendant's response is due 3/25/98. Court will also grant the plaintiff's motion for a two day extension of time to respond to the defendant's partial summary judgment motion. (wied, ) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

50

ORDER by Mag Judge Patricia J. Gorence; See hearing minutes. (cc: all counsel) (wied, ) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

MARGINAL ORDER by Mag Judge Patricia J. Gorence granting motion to extend time to respond to Shopko's motion for partial summary judgment [48-1]; plaintiff's response is due 3/20/98. (cc: all counsel) (wied, ) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

51

BRIEF by plaintiff EEOC in opposition to motion for partial summary judgment to dismiss pltf's first cause of action in its complaint [25-1] (wied, ) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

52

RESPONSE by plaintiff EEOC to Shopko's proposed findings of fact (wied, ) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

53

STATEMENT of additional facts precluding summary judgment by plaintiff EEOC (wied, ) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

54

AFFIDAVIT of Gordon E. Schulze (wied, ) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

55

AFFIDAVIT of Jeanette Goss (wied, ) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

56

DEPOSITION of Douglas K. Bergan taken on the following date(s): 2/26/98 (wied, ) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

57

DEPOSITION of Richard Laucks taken on the following date(s): 11/6/97 (wied, ) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

58

DEPOSITION of Gordon Schulze taken on the following date(s): 8/28/97 (wied, ) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

59

DEPOSITION of Bea Ziehlke taken on the following date(s): 2/27/98 (wied, ) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

61

BRIEF by defendant Shopko Stores,Inc. in opposition to motion for partial summary judgment [31-1] with attached certificate of service. (wied, )

March 25, 1998

March 25, 1998

62

RESPONSE by defendant Shopko Stores,Inc. to EEOC's proposed statement of undisputed facts and Shopko's proposed findigs of undisputed facts. (wied, )

March 25, 1998

March 25, 1998

63

AFFIDAVIT of Richard Plautz (wied, )

March 25, 1998

March 25, 1998

64

AFFIDAVIT of Steven J. Thomas (wied, )

March 25, 1998

March 25, 1998

65

REPLY BRIEF by defendant Shopko Stores,Inc. in support of motion for partial summary judgment to dismiss pltf's first cause of action in its complaint [25-1] (wied, )

April 6, 1998

April 6, 1998

66

REPLY by defendant Shopko Stores,Inc. to EEOC's response to Shopko Stores, Inc.'s proposed findings of fact and Shopko Stores, Inc's response to EEOC statement of additional facts precluding summary judgment and Shopko Store, Inc.'s additional facts supportive of Shopko Stores, Inc.'s partial summary judgment. (wied, )

April 6, 1998

April 6, 1998

67

AFFIDAVIT of Steven J. Thomas with attached copies of depositions. (wied, )

April 6, 1998

April 6, 1998

68

LETTER from defendant Shopko Stores,Inc. with attached replacement of Page 3 to Shopko Stores, Inc.'s reply brief. (wied, )

April 8, 1998

April 8, 1998

69

REPLY BRIEF by plaintiff EEOC in support of motion for partial summary judgment [31-1] (wied, )

April 8, 1998

April 8, 1998

70

AFFIDAVIT of Dennis R. McBride (wied, )

April 8, 1998

April 8, 1998

71

CERTIFICATE of service (letter) by plaintiff EEOC for affidavit (#70) with attached replacement page 6 for reply brief (#69) (wied, )

April 10, 1998

April 10, 1998

72

MOTION by plaintiff EEOC in limine to bar late-disclosed witnesses and testimony (wied, ) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

73

MEMORANDUM OF LAW by plaintiff EEOC in support of motion in limine to bar late-disclosed witnesses and testimony [72-1] (wied, ) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

74

DECLARATION of Jeanette Goss. (wied, ) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

75

DECLARATION of Dennis R. McBride. (wied, ) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

76

BRIEF (copy) by defendant in opposition to motion in limine to bar late-disclosed witnesses and testimony [72-1]; exhibits attached (vlh, )

May 11, 1998

May 11, 1998

77

REPLY BRIEF by plaintiff EEOC in support of motion in limine to bar late-disclosed witnesses and testimony [72-1] (wied, ) (Entered: 05/26/1998)

May 22, 1998

May 22, 1998

78

Second DECLARATION of Jeanette Goss for Plaintiff EEOC (wied, ) (Entered: 06/02/1998)

May 22, 1998

May 22, 1998

79

ATTORNEY APPEARANCE for plaintiff EEOC by Barbara L. Henderson (wied, )

June 15, 1998

June 15, 1998

81

NOTICE of hearing by the Court ; status hearing rescheduled for 2:30 11/2/98 (cc: all counsel) (wied, ) (Entered: 10/23/1998)

Oct. 22, 1998

Oct. 22, 1998

82

LETTER (Memorandum) from Magistrate Judge Gorence to Magistrate Judge Goodstein stating that the parties have requested another settlement conferece be held. Both parties have new counsel. The 11/2/98 status conference has been removed from Judge Gorence's caladar, and the parties are expecting Judge Goodstein to contact them. (wied, ) (Entered: 10/28/1998)

Oct. 27, 1998

Oct. 27, 1998

83

ATTORNEY APPEARANCE for defendant Shopko Stores,Inc. by Attorney Larry Gille. (wied, )

Oct. 30, 1998

Oct. 30, 1998

84

NOTICE of hearing by the Court (AEG); settlement conference set for 9:00 11/25/98 in Room 254. A settlement conference statement of each party must be submitted directly to Mag Judge Goodstein no later than ten days prior to the settlement conference. (cc: all counsel) (wied, ) (Entered: 11/03/1998)

Nov. 2, 1998

Nov. 2, 1998

88

LETTER from defendant Shopko Stores,Inc. rescheduling the settlement conference from 11/25/98 at 9:00 to 12/22/98 at 1:30 pm. (wied, ) (Entered: 01/06/1999)

Nov. 12, 1998

Nov. 12, 1998

85

LETTER from defendant Shopko Stores, Inc. confirming that the settlement conference has been rescheduled for 11/25/98 at 9:00 am to 12/22/98 at 1:30 pm. (wied, ) (Entered: 11/17/1998)

Nov. 16, 1998

Nov. 16, 1998

87

HEARING MINUTES: by Mag Judge Aaron E. Goodstein; Settlement conference held 12/22/98; terminating case referral to Mag Judge Aaron E. Goodstein ; A significant difference still exists between the parties and they are unable to settle the case. The parties are ready for trial; Court Reporter: None (wied, ) (Entered: 12/24/1998)

Dec. 22, 1998

Dec. 22, 1998

86

NOTICE of hearing by the Court ; telephonic status hearing set for 3:00 1/7/99 THe court will initiate the call (cc: all counsel) (wied, ) (Entered: 12/24/1998)

Dec. 23, 1998

Dec. 23, 1998

89

HEARING MINUTES: by Mag Judge Patricia J. Gorence ; status hearing set for 3:30 2/9/99, status hearing held 1/7/98 at 3:15 The plaintiff is to advise the court by letter by 1/20/99 as to the continued viability of part or all of its pending motion in limine. The court will court will reschedule the telephone conference as the parties wish to pursue settlement of this case. Court Reporter: None (wied, ) (Entered: 01/11/1999)

Jan. 7, 1999

Jan. 7, 1999

90

ORDER by Mag Judge Patricia J. Gorence SEE 1/7/99 Hearing Minutes for details. (cc: all counsel) (wied, ) (Entered: 01/11/1999)

Jan. 8, 1999

Jan. 8, 1999

91

STIPULATION regarding EEOC's motion in limine (vlh, )

Feb. 1, 1999

Feb. 1, 1999

92

HEARING MINUTES: by Mag Judge Patricia J. Gorence ; telephonic status hearing set for 1:30 2/25/99, status hearing held 2/9/99 Parties are finalizing the settlement of this action. Parties are to file the settlement documents with the court by 2/22/99. If the papers are not filed, the court will conduct the telephone scheduling hearing. The court will initiate the call. Court Reporter: None (wied, ) (Entered: 02/10/1999)

Feb. 9, 1999

Feb. 9, 1999

93

LETTER from defendant Shopko Stores,Inc. cancelling the 2/25/99 scheduling conference and rescheduling the conference to 3/17/99 at 3:00. (wied, )

March 1, 1999

March 1, 1999

94

CONSENT JUDGMENT by Deputy Clerk for plaintiff EEOC against defendant Shopko Stores,Inc. terminating case with prejudice and without costs The court retains jurisdiction for purposes of enforcing this consent decree only. This decree shall remain in full force and effect for six months from the date of its approval by the court for enforcement purposes. (cc: all counsel) (wied, ) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

Case Details

State / Territory: Wisconsin

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 7, 1997

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

ShopKo Stores Inc (Green Bay ), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - 1999

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits