Case: EEOC v. BIG LOTS INC

2:04-cv-07703 | U.S. District Court for the Central District of California

Filed Date: Sept. 1, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2004, the Los Angeles office of the EEOC brought this Title VII suit against Big Lots Inc et al. in the U.S. District Court for the Central District of California. The complaint alleged that the defendant subjected the claimant to a sexual harassment and terminated her because of her sex. Both parties filed motions for summary judgment in July 2005, but they notified the court of settlement in August 2005. The case settled by entry of a consent decree in October 2005. The two year…

In September 2004, the Los Angeles office of the EEOC brought this Title VII suit against Big Lots Inc et al. in the U.S. District Court for the Central District of California. The complaint alleged that the defendant subjected the claimant to a sexual harassment and terminated her because of her sex. Both parties filed motions for summary judgment in July 2005, but they notified the court of settlement in August 2005. The case settled by entry of a consent decree in October 2005.

The two year consent decree required the defendant to pay the claimant $132,500, refrain from discrimination and retaliation, post notice, send the EEOC a copy of its policy against discrimination, harassment, and retaliation, issue a written guideline for investigations, provide training for managerial and non-managerial employees, discipline managers for failing to properly respond to harassment complaints, publicize their internal complaint procedure, make amendments to its complaint procedure, provide the claimant with a neutral reference, keep records, and make bi-annual and a 90 day report to the EEOC on complaints and the complaint procedure.

The decree was entered in 2005 and scheduled to last until 2007. No further docket entries exist, so the case is no presumably closed.

Summary Authors

Kevin Wilemon (6/18/2007)

Clearinghouse (11/26/2018)

Documents in the Clearinghouse

Document

2:04-cv-07703

Docket (PACER)

U S Equal Employment Opportunity Commission v. Big Lots Inc et al

Oct. 7, 2005

Oct. 7, 2005

Docket
27

2:04-cv-07703

Decision RE: Plaintiffs' Motion to Quash Subpoena

EEOC v. Big Lots Inc et al

June 28, 2005

June 28, 2005

Discovery Material/FOIA Release
31

2:04-cv-07703

Civil Minutes [Order Regarding Plaintiffs' Motion to Compel]

EEOC v. Big Lots Inc et al

July 12, 2005

July 12, 2005

Order/Opinion
30

2:04-cv-07703

Amended Decision RE: Plaintiffs' Motion to Quash Subpoena

EEOC v. Big Lots Inc et al

July 12, 2005

July 12, 2005

Order/Opinion
67

2:04-cv-07703

Consent Decree

U.S. Equal Employment Opportunity Commission v. Big Lots, Inc. Big Lots Stores, Inc., PNS Stores, Inc., and; Does 1-10 Inclusive

Oct. 7, 2005

Oct. 7, 2005

Settlement Agreement

Resources

Docket

Last updated March 24, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendant Big Lots Inc. (No Filing fee required.) Jury Demanded, filed by plaintiff U S Equal Employment Opportunity Commission. (jp, ) (Entered: 09/22/2004)

Sept. 16, 2004

Sept. 16, 2004

20 Days Summons Issued re Complaint - (Discovery)[1] as to Defendant Big Lots Inc. (jp, ) (Entered: 09/22/2004)

Sept. 16, 2004

Sept. 16, 2004

2

CERTIFICATION AS to Interested Parties filed by Plaintiff U S Equal Employment Opportunity Commission. (jp, ) (Entered: 09/22/2004)

Sept. 16, 2004

Sept. 16, 2004

FAX number for Attorney Anna Y Park is 213-894-1301. (jp, ) (Entered: 09/22/2004)

Sept. 16, 2004

Sept. 16, 2004

3

STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. G. Klausner: READ THIS ORDER CAREFULLY; IT CONTROLS THIS CASE; memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 20 pages; replies shall not exceed 10 pages (see document for further details). (jp, ) (Entered: 09/22/2004)

Sept. 20, 2004

Sept. 20, 2004

4

FIRST AMENDED COMPLAINT against Defendants Big Lots Inc, Does 1-10 Inclusive amending Complaint [1] ; Jury Demand,filed by Plaintiff U S Equal Employment Opportunity Commission (ir, ) (Entered: 10/14/2004)

Oct. 13, 2004

Oct. 13, 2004

5

STIPULATION TO AMEND CAPTION TO FIRST AMENDED COMPLAINT AND ORDER by Judge R. Gary Klausner: IT IS SO ORDERED that Plaintiff is granted leave to amend the caption to Plaintiff's First Amended Complaint. (rl, ) (Entered: 11/24/2004)

Nov. 23, 2004

Nov. 23, 2004

6

AMENDED CAPTION to First Amended complaint filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 12/01/2004)

Nov. 23, 2004

Nov. 23, 2004

7

NOTICE OF WAIVER OF SERVICE Returned Executed filed by Plaintiff U S Equal Employment Opportunity Commission upon Big Lots Stores Inc, PNS Stores Inc, and Big Lots Inc waiver sent by Plaintiff on 10/28/2004, answer due 12/27/2004. Waiver of Service signed by Aryn J Sobo, Attorney. (ir, ) (Entered: 12/01/2004)

Nov. 23, 2004

Nov. 23, 2004

8

NOTICE of Lodgment of Amended complaint to First Amended complaint filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 12/01/2004)

Nov. 23, 2004

Nov. 23, 2004

10

ANSWER to First Amended Complaint [4] filed by Defendant PNS Stores Inc.(ir, ) (Entered: 12/29/2004)

Dec. 27, 2004

Dec. 27, 2004

11

ANSWER to First Amended Complaint [4] filed by Defendant Big Lots Stores Inc.(ir, ) (Entered: 12/29/2004)

Dec. 27, 2004

Dec. 27, 2004

12

ANSWER to First Amended Complaint [4] filed by Defendant Big Lots Inc.(ir, ) (Entered: 12/29/2004)

Dec. 27, 2004

Dec. 27, 2004

9

ORDER Setting Scheduling Conference by Judge R. Gary Klausner: Scheduling Conference set for 3/14/2005 09:00 AM. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. Parties are reminded of their obligation to disclose information and confer on a discovery plan, not later than 21 days prior to the scheduling conference. Parties shall file their Rule 26(f) report with the Court, not later than 14 days after conferring and deliver a conformed courtesy copy to the Judges courtesy box located outside the clerks office, Room 181-L at the Roybal Federal Building. Failure to comply may lead to the imposition of sanctions. (ir, ) (Entered: 12/29/2004)

Dec. 28, 2004

Dec. 28, 2004

14

PROOF OF SERVICE filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc of Answers of Defendant PNS Stores Inc, Big Lots Stores Inc and Big Lots Inc to Plaintiffs First Amended complaintwas served on 12/27/04. (ir, ) (Entered: 01/03/2005)

Dec. 29, 2004

Dec. 29, 2004

15

JOINT Scheduling Conference Report pursuant to Rule 26(f) filed; estimated length of trial 7 Court days. (ir, ) (Entered: 03/03/2005)

Feb. 25, 2005

Feb. 25, 2005

16

MINUTES: SCHEDULING CONFERENCE; Court and counsel confer. Scheduling Conference is held. Court sets the following dates: Last day to add parties or amend complaint 4/1/05. Discovery cut-off 7/12/05. Motion cut-off (last day to file) 7/26/05. Pretrial Conference 9/26/05 at 9:00. Jury Trial (estimated 7 days) 10/11/05 at 9:00. Parties shall confer and submit Form ADR-1 within 10 days from the date of this Order IT IS SO ORDERED by Judge R. Gary Klausner Court Reporter: Walter Ledge. (ir, ) (Entered: 03/16/2005)

March 14, 2005

March 14, 2005

17

ORDER FOR JURY TRIAL by Judge R. Gary Klausner: Final Pretrial Conference set for 9/26/2005 09:00 AM. Setting 10/11/05 at 9:00 as the Trial Date. Regarding Preparation for Jury Trial (See document for further details) (Entered: 03/17/2005)

March 15, 2005

March 15, 2005

18

ORDER by Judge R. Gary Klausner Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp2).(ir, ) (Entered: 03/17/2005)

March 15, 2005

March 15, 2005

19

NOTICE OF MOTION AND MOTION to Quash Subpoena to Dr. Bonny Shapin filed by plaintiff U S Equal Employment Opportunity Commission. Motion set for hearing on 6/28/2005 at 10:00 AM before Honorable R. Gary Klausner. Lodged Order. (ca, ) (Entered: 06/14/2005)

June 7, 2005

June 7, 2005

20

OBJECTIONS AND REQUEST to Strike Section IV(A) from defendant's portion of the joint stipulation on the Joint Stipulation on the EEOC'S MOTION to Quash the subpoena to Dr. Bonny Shapin[19] filed by plaintiff U S Equal Employment Opportunity Commission. (ca, ) (Entered: 06/14/2005)

June 7, 2005

June 7, 2005

21

JOINT STIPULATION Re: EEOC'S Motion to Quash Subpoena to Dr. Bonny Shapin filed by plaintiff and defendant Big Lots Stores Inc, U S Equal Employment Opportunity Commission, PNS Stores Inc, Big Lots Inc, Does. (ca, ) (Entered: 06/14/2005)

June 7, 2005

June 7, 2005

22

SUPPLEMENTAL RESPONSE to MOTION to Quash Subpoena to Dr. Bonny Shapin[19] filed by defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. (ca, ) (Entered: 06/22/2005)

June 14, 2005

June 14, 2005

23

SUPPLEMENTAL MEMORANDUM regarding EEOC Motion to Quash the Subpoena to Dr Bonny Shapin [19] filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 06/23/2005)

June 14, 2005

June 14, 2005

24

NOTICE OF MOTION AND MOTION to compel Defendants Responses to the EEOC Documents Requests Sets 1 and 2 and Request for Admissions filed by Plaintiff U S Equal Employment Opportunity Commission. Motion set for hearing on 7/12/2005 at 10:00 AM before Honorable R. Gary Klausner. (ir, ) (Entered: 06/24/2005)

June 14, 2005

June 14, 2005

25

JOINT STIPULATION regarding EEOC Motion to Compel responses to documents requests set 1 and 2 and Request for Admissions Set 1 filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc and Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 06/24/2005)

June 14, 2005

June 14, 2005

26

SECOND SUPPLEMENTAL MEMORANDUM regarding EEOC Motion to Quash the Subpoena to Dr Bonny Shapin [19] pursuant to Courts Minute order of 6/17/05 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 06/30/2005)

June 24, 2005

June 24, 2005

27

MINUTES OF IN CHAMBERS ORDER by Judge Victor B. Kenton :, RE: MOTION to Quash[19]. The Court DENIES the motion for protective order and to quash the subpoena is DENIED. (rh, ) (Entered: 06/30/2005)

June 28, 2005

June 28, 2005

28

SUPPLEMENTAL Memorandum Re: MOTION to Compel responses to document request set 1 and request for admissions set 1[24] filed by plaintiff U S Equal Employment Opportunity Commission. (ca, ) (Entered: 07/06/2005)

June 28, 2005

June 28, 2005

30

MINUTES OF IN CHAMBERS ORDER by Judge Victor B. Kenton :, RE: MOTION to Quash[19]: Amended decision re Plaintiffs' motion to Quash Subpoena is Granted. (rh, ) (Entered: 07/15/2005)

July 12, 2005

July 12, 2005

31

MINUTES OF IN CHAMBERS ORDER by Judge Victor B. Kenton :, RE: MOTION for Admissions MOTION to Compel MOTION to Compel[24]. Defendants have produced files pertaining to Plaintiff and Meng Boon Thiem. As to the remaining employees, Plaintiff's motion is DENIED without prejudice. Plaintiff's request for additional investigation documents is DENIEd without prejudice.Defendants assert that they have produced responsive documents. The Court will not require additional certificaiton, as Plaintiff requests. The Court finds that organizational documents, pursuant to the guidelines set forth by the Court at the hearing, are relevant and discoverable. Defendant will provide responsive documents. Defendant Big Lots, Inc. claims that Toya Stamps has never been an employee, and on the basis, responded to the Requests for Admissions by indicating that it lacks sufficient knowledge or information to admit or deny. Plaintiff disagrees, indicating that "given Big Lots' control over and/or access to the other named defendants, Big Lots is required to provide substantive responses. Plaintiff adds that, "Moreover, the three defendants have a mutual interest in and control over Big Lots Store No. 4171 where the harassment occurred. The court has ordered Defendants to reply to the organizational structure discovery requests. Plaintiff's contentions regarding the asserted organizational control of Defendant Big Lots, Inc. over the other named Defendants is at present speculative and unsuported by evidence. The Court therefore DENIES WITHOUT PREJUDICE Plaintiff's requests for further responses from Defendant Big Lots, Inc. Production of documents pursuant to this Order will be made within 15 calendar days. (rh, ) (Entered: 07/15/2005)

July 12, 2005

July 12, 2005

33

REQUEST for Clarification on Order regarding EEOC Motion to compel response to document request set 1 and 2 and Request for Admissions Set 1 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 07/21/2005)

July 13, 2005

July 13, 2005

29

STIPULATION AND ORDER by Judge R. Gary Klausner: Cut-off date for expert disclosures and exchange of expert reports is extended from 7/13/05 to 8/22/05.(ir, ) (Entered: 07/15/2005)

July 14, 2005

July 14, 2005

32

MINUTES OF IN CHAMBERS ORDER by Judge Victor B. Kenton :, RE: MOTION for Admissions MOTION to Compel MOTION to Compel[24]. The EEOC's request that the Court "clarify" its Order pertaining to the time for production of documents is in fact a request for reconsideration. As such, it is HEREBY DENIED. (rh, ) (Entered: 07/20/2005)

July 15, 2005

July 15, 2005

34

OPPOSITION to REQUEST to Clarify[33] filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. (sv) (Entered: 07/22/2005)

July 15, 2005

July 15, 2005

35

NOTICE OF MOTION AND MOTION for Summary Judgment or in the alternative for Partial Summary Judgment filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. Motion set for hearing on 8/22/2005 at 09:00 AM before Honorable R. Gary Klausner. Lodged Proposed Statement and Judgment. (ir, ) (Entered: 07/27/2005)

July 26, 2005

July 26, 2005

36

MEMORANDUM of Points and Authorities in Support of Defendants Motion for Summary Judgment or in the alternative for Partial Summary Judgment [35] filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. (ir, ) (Entered: 07/27/2005)

July 26, 2005

July 26, 2005

37

DECLARATION of Aryn J Sobo in support of Defendants Motion for Summary Judgment or in the alternatively for Partial Summary Judgment [35] filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. (ir, ) (Entered: 07/27/2005)

July 26, 2005

July 26, 2005

38

PROOF OF SERVICE filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc of Notice of Motion and Motion for Summary Judgment or in the alternative Partial Summary Judgment [35], Memorandum in Support of Motion[36], Declaration (Motion related) [37] was served on 7/26/05. (ir, ) (Entered: 07/27/2005)

July 26, 2005

July 26, 2005

40

NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Plaintiff U S Equal Employment Opportunity Commission. Motion set for hearing on 8/22/2005 at 09:00 AM before Honorable R. Gary Klausner. Lodged Statement of Uncontroverted Facts, Proposed Order. (ir, ) (Entered: 07/28/2005)

July 26, 2005

July 26, 2005

41

MEMORANDUM of Points and Authorities regarding Motion for Partial Summary Judgment [40] filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 07/28/2005)

July 26, 2005

July 26, 2005

42

DECLARATION of Sue J Noh in support of Plaintiff EEOC Motion for Partial Summary Judgment [40] filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 07/28/2005)

July 26, 2005

July 26, 2005

39

MINUTES: (IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER; Defendants motion for Summary Judgment or in the alternative for Partial Summary Judgment [35] filed on 7/26/05 and notice for hearing on 8/22/05 is HEREBY CONTINUED to 8/29/2005 at 09:00 AM IT IS SO ORDERED by Judge R. Gary Klausner Court Reporter: Not Reported. (ir, ) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

43

NOTICE OF ERRATA filed by Plaintiff U S Equal Employment Opportunity Commission regarding inadvertently mis-referenced Sections II(B) and II(C). (ir, ) (Entered: 07/28/2005)

July 27, 2005

July 27, 2005

44

MINUTES: (IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER; Plaintiffs motion for Partial Summary Judgment [40] filed on 7/26/05 and noticed for hearing on 8/22/05 is HEREBY CONTINUED to 8/29/05 at 9:00 IT IS SO ORDERED by Judge R. Gary Klausner Court Reporter: Not Reported. (ir, ) (Entered: 07/28/2005)

July 27, 2005

July 27, 2005

45

EX PARTE APPLICATION for Order for Shortening time on Plaintiff EEOC (Proposed) Motion pursuant to FRCP 56(f) to continue hearing on Motions for Summary Judgment regarding Integrated Enterprises/Joint Employer Issues only and Motion for an Order to Show Cause why (1) Defendants should not be held in contempt and (2) Monetary Evidentiary and Preclusion Sanctions should not be issued filed by Plaintiff U S Equal Employment Opportunity Commission. Lodged Proposed Oroder and Motion with supporting documents. (ir, ) (Entered: 08/12/2005)

Aug. 10, 2005

Aug. 10, 2005

46

DECLARATION of Sue J Noh in support of Plaintiffs Ex Parte Application for Order for Shortening time on Plaintiff EEOC (Proposed) Motion pursuant to FRCP 56(f) to continue hearing on Motions for Summary Judgment regarding Integrated Enterprises/Joint Employer Issues only and Motion for an Order to Show Cause why (1) Defendants should not be held in contempt and (2) Monetary Evidentiary and Preclusion Sanctions should not be issued [45] filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 08/12/2005)

Aug. 10, 2005

Aug. 10, 2005

NOTICE OF INTENT to Oppose Plaintiffs Ex Parte Application for Order Shortening Time and Plaintiffs Ex Parte Motion to continue hearing on Motion for Summary Judgment [45] and Request for Additional Time to file an Opposition to motion filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. (ir, ) (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

47

NOTICE OF INTENT to Oppose Plaintiffs Ex Parte Application for Order Shortening Time and Plaintiffs Ex Parte Motion to continue hearing on Motion for Summary Judgment [45] and REQUEST for Additional Time to file an Opposition to motion filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. (ir, ) (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

48

DECLARATION in support of Stipulation and Joint Request to continued the hearing on Parties Motions for Summary Judgment and Partial Summary Judgment [35], [40] and related Dates; Pretrial Conference and related dates, exchange of Experts cut-off date and to withdraw without prejudice Plaintiffs Ex Parte Application filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 08/16/2005)

Aug. 12, 2005

Aug. 12, 2005

PLACED IN FILE - NOT USED re Notice of Motion and (Proposed) Motion pursuant to FRCP 56(f) to Continue Hearing onMotions for Summary Judgment re Integrated Enterprise Joint Employer Issue only and Motion for Order to Show Cause why (1) Fefendants should not be held in contempt and (2) Monetary Evidentiary and Preclusion Sanctions Should Not be Issued submitted by Plaintiff U S Equal Employment Opportunity Commission. (shb, ) (Entered: 08/22/2005)

Aug. 12, 2005

Aug. 12, 2005

PLACED IN FILE - NOT USED re Plaintiff EEOC's (Proposed) Motion pursuant to FRCP 56(f) to continue hearing on motions for summary judgment re Integrated Enterprise/Joint Employer issues only and motion for an order to show cause why (1) defendants should not be held in contempt and (2) Monetary, evidentiary and preclusion sancitons should not be issued submitted by Plaintiff U S Equal Employment Opportunity Commission. (shb, ) (Entered: 08/22/2005)

Aug. 12, 2005

Aug. 12, 2005

PLACED IN FILE - NOT USED re Declaration of Sue J Noh in support of the EEOC's (Proposed) Motion pursuant to FRCP 56(f) to continue hearing on motions for summary judgment re Integrated ENterprise/Joint Employer issues only and motion for order to show cause why (1) defendants should not be held in contempt and monetary evidentiary and preclusion sanctions should not issue submitted by Plaintiff U S Equal Employment Opportunity Commission. (shb, ) (Entered: 08/22/2005)

Aug. 12, 2005

Aug. 12, 2005

PLACED IN FILE - NOT USED re (Proposed) Order granting EEOC's Motion pursuant to FRCP 56(f) to continue hearing on motions for summary judgment re Integrated Enterprise/Joint Emplpyer Issues only and Motion for an Order to Show Cause why (1) Defendants should not be held in contempt and (2) Monetary Evidentiary and PReclusion Sanctions Should Not be Issued submitted by Plaintiff U S Equal Employment Opportunity Commission. (shb, ) (Entered: 08/22/2005)

Aug. 12, 2005

Aug. 12, 2005

PLACED IN FILE - NOT USED re (Proposed) Order granting Plaintiff's Ex Parte Application for order shortening time on plaintiff EEOC's proposed motion pursuant to FRCP 56(f) to continue hearing on motions for summary judgment re Ijtegrated Enterprise/Joint Employer Issues only and Motion for Order to Show Cause why Defendants should not be held in contempt and (2) Monetary Evidentiary and Preclusion Sanctions should not be issued submitted by Plaintiff U S Equal Employment Opportunity Commission. (shb, ) (Entered: 08/22/2005)

Aug. 12, 2005

Aug. 12, 2005

49

OPPOSITION to Defendants Motion for Summary Judgment [35] filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 08/16/2005)

Aug. 15, 2005

Aug. 15, 2005

50

STATEMENT of Genuine Issues of Material Fact in Opposition to Defendants Motions for Dismissal for Lack of Subject Matter Jurisdiction and/or Summary Judgment [35] filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 08/16/2005)

Aug. 15, 2005

Aug. 15, 2005

51

DECLARATION of Sue J Noh in support of Plaintiffs Opposition to Defendants Motion for Partial Summary Judgment [35] filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 08/16/2005)

Aug. 15, 2005

Aug. 15, 2005

52

STIPULATION AND ORDER by Judge R. Gary Klausner: Hearing on the parties motions for summary judgment or partial summary judgment [35], [40] is continued from 8/29/05 to 9/12/05. Deadline for filing oppositions to the motions for summary judgment or partial summary judgment is continued from 8/15/05 to 8/29/05 and the deadline for replies is continued from 8/22/05 to 9/2/05. Deadline by which parties must exchange expert information is continued from 8/22/05 to 9/7/05. Pretrial Conference date remains 9/26/05. Deadline by which to file memorandum of contentions of fact and law, witness lists and exhibits lists is continued from 9/6/05 to 9/12/05. Deadline for filing motions in limine is continued from 8/26/05 to 9/20/05. Oppositions to motions in limine are due 9/27/05 and replies are due 10/4/05. All other date including the trial date, remain the same. Plaintiffs ex parte application and motion to continued the summary judgment hearing on the integrated enterpise and joint employer issues has been taken off calendar pursuant to the Plaintiffs withdrawal without prejudice of same. Replies due by 9/2/2005. Motion set for hearing on 9/12/2005 at 09:00 AM before Honorable R. Gary Klausner.(ir, ) (Entered: 08/16/2005)

Aug. 15, 2005

Aug. 15, 2005

53

MEMORANDUM of points and authorities in Opposition to MOTION for Partial Summary Judgment [40] filed by defendant, Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. (sv) (Entered: 08/23/2005)

Aug. 15, 2005

Aug. 15, 2005

54

DECLARATION of Aryn J Sobo in support of Opposition to Motion[53] filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. (sv) (Entered: 08/23/2005)

Aug. 15, 2005

Aug. 15, 2005

55

EVIDENTIARY OBJECTIONS to plaintiff's evidence submitted in support of plaintiff's motion for partial summary judgment filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. (sv) (Entered: 08/23/2005)

Aug. 15, 2005

Aug. 15, 2005

56

RESPONSE to plaintiff's statement of undisputed facts re motion for partial summary judgment filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc (sv) (Entered: 08/23/2005)

Aug. 15, 2005

Aug. 15, 2005

57

PROOF OF SERVICE filed by defendants, Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. re MEMORANDUM in Opposition to Motion [53], Declaration (non-motion)[54], Objections - non-motion[55], Response (non-motion)[56], was served on 8/15/05. (sv) (Entered: 08/23/2005)

Aug. 15, 2005

Aug. 15, 2005

58

NOTICE OF SETTLEMENT AND STIPULATION AND JOINT REQUEST to Continue Hearing on Parties motions for Summary Judgment and Partial Summary Judgment and Related Dates, Pre-Trial Conference and Related Dates, Exchange of Experts Cut-off date filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. Lodged Proposed Order. (ir, ) (Entered: 08/30/2005)

Aug. 25, 2005

Aug. 25, 2005

59

DECLARATION of Aryn J Sobo in support of Notice of Settlement and Stipulation and Joint Request to Continue Hearing on Parties motions for Summary Judgment and Partial Summary Judgment and Related Dates, Pre-Trial Conference and Related Dates, Exchange of Experts Cut-off date [58] filed by Defendants Big Lots Stores Inc, PNS Stores Inc, Big Lots Inc. (ir, ) (Entered: 08/30/2005)

Aug. 25, 2005

Aug. 25, 2005

60

ORDER by Judge R. Gary Klausner DENYING Notice of Settlement and Stipulation and Joint Request to Continue Hearing on Parties motions for Summary Judgment and Partial Summary Judgment and Related Dates, Pre-Trial Conference and Related Dates, Exchange of Experts Cut-off date [58] (ir, ) (Entered: 08/30/2005)

Aug. 29, 2005

Aug. 29, 2005

61

MINUTES: (IN CHAMBERS) Defendant Motion for Summary Judgment or in the alternative for Partial Summary Judgment [35] and Plaintiffs Motion for Partial Summary Judgment [40]. Court hereby advises that the motions set for hearing on 9/12/05 at 9:00 are UNDER SUBMISSION and taken off the motion calendar. Furthermore, no appearance by counsel is necessary. Court will issue a ruling after full consideration of the submitted pleadings IT IS SO ORDERED by Judge R. Gary Klausner Court Reporter: Not Reported. (ir, ) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

62

STIPULATION AND JOINT REQUEST AND ORDER by Judge R. Gary Klausner : Hearing on the parties motions for summary judgment or Partial Summary Judgment [35], [40] is continued from 9/12/05 to 9/26/2005 at 09:00 AM.(ir, ) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

64

REQUEST for Order for Court's Signature on Posting RE: CONSENT DECREE filed by plaintiff U S Equal Employment Opportunity Commission. Lodged Proposed settlement and consent decree. (twdb, ) (Entered: 09/29/2005)

Sept. 22, 2005

Sept. 22, 2005

PLACED IN FILE - NOT USED re Proposed Consent Decree, Lodged 9/22/05 by Big Lots Stores Inc, U S Equal Employment Opportunity Commission, PNS Stores Inc, Big Lots Inc, Does. (ir, ) (Entered: 10/11/2005)

Oct. 6, 2005

Oct. 6, 2005

65

POSTING regarding Request for Courts Signature on Posting regarding Consent Decree filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

66

NOTICE OF SETTLEMENT AND JOINT REQUEST AND ORDER by Judge R. Gary Klausner Trial in this matter currently scheduled for 10/11/05 and all attendant pre-trial dates be VACATED.(ir, ) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

67

CONSENT DECREE by Judge R. Gary Klausner: Defendants shall pay a total of $132,500 to Toya Stamps as compensation for alleged emotional distress. Defendants shall issue a check payable to Toya Stamps in the amount of $132,500 without taking any withholdings and issue a form 1099 in the regular course of business. Defendant shall forward via Federal Express, a check to Stamps within 21 days of the Effective Date of this Decree. Each party shall bear its own costs of suit and attorneys fees. The Court retains jurisdiction (See document for further details) ( MD JS-6, Case Terminated )(ir, ) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 1, 2004

Closing Date: 2007

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

PNS Stores Inc. (Long Beach, CA), Private Entity/Person

PNS Stores Inc. (Long Beach, CA ), Private Entity/Person

Big Lots Stores Inc. (Long Beach, CA), Private Entity/Person

Does (Long Beach, CA), Private Entity/Person

Big Lots Inc. (Long Beach, CA), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 132500

Order Duration: 2005 - 2007

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits