Case: EEOC v. SEARS, ROEBUCK & CO.

1:01-cv-00641 | U.S. District Court for the Middle District of North Carolina

Filed Date: June 29, 2001

Closed Date: Jan. 24, 2003

Clearinghouse coding complete

Case Summary

The EEOC's Charlotte district office sued Sears, Roebuck & Company on June 29, 2001 in the U.S. District Court for the Middle District of North Carolina. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on a physical disability (blindness). Following a number of discovery disputes, the parties successfully reached a settlement in a settlement conference taking place just weeks prior to the scheduled trial in the case. The EEOC and the defendant entered into a consent decree on January 10, 2003, which stipulated that the defendant would pay the complainant $125,000 in damages, post a notice of compliance with the ADA, provide ADA training to its managers, provide for an EEO compliance official, allow the EEOC investigatory access, and report requests for reasonable accommodation. The intervenor and the defendant entered a voluntary dismissal of the intervenor's claims on January 13, 2003.

Summary Authors

Aaron Weismann (6/22/2007)

Documents in the Clearinghouse

Document

1:01-cv-00641

Docket (PACER)

EEOC v. Sears, Roebuck & Co.

Jan. 24, 2003

Jan. 24, 2003

Docket

1:01-cv-00641

EEOC and Sears, Roebuck & Co. Settle Disability Discrimination Suit [EEOC Press Release]

EEOC v. Sears, Roebuck & Co.

No Court

Jan. 9, 2003

Jan. 9, 2003

Press Release
87

1:01-cv-00641

Consent Decree

Equal Employment Opportunity Commission and Carl P. Davenport v. Sears, Roebuck & Co.

Jan. 10, 2003

Jan. 10, 2003

Settlement Agreement
89

1:01-cv-00641

Order of Dismissal with Prejudice

Equal Employment Opportunity Commission and Carl P. Davenport v. Sears, Roebuck & Co.

Jan. 24, 2003

Jan. 24, 2003

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link

**Case assigned to Magistrate Judge ELIASON. AO Code 18AG (K. Welch) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

1

COMPLAINT; jury demand (K. Welch) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

Notice of Right to Consent 28 USC 636(c)(2) (K. Welch) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

2

MOTION to Intervene by (Aggrieved Person) CARL P. DAVENPORT pursuant to 42 U.S.C. sec 1217(a) and 42 U.S.C sec 2000e-5(f)(1) (L. Simmonds) (Entered: 08/14/2001)

Aug. 13, 2001

Aug. 13, 2001

3

BRIEF by CARL P. DAVENPORT in support of [2-1] motion to Intervene by (Aggrieved Person) CARL P. DAVENPORT pursuant to 42 U.S.C. sec 1217(a) and 42 U.S.C sec 2000e-5(f)(1) (L. Simmonds) (Entered: 08/14/2001)

Aug. 13, 2001

Aug. 13, 2001

4

CLAIMS OF INTERVENEER by CARL P. DAVENPORT (L. Simmonds) (Entered: 08/14/2001)

Aug. 13, 2001

Aug. 13, 2001

5

UNOPPOSED MOTION by SEARS, ROEBUCK & CO. to Extend Time for twenty (20) days to and including September 20, 2001 to answer or otherwise plead to Plaintiff's Complaint (L. Simmonds) (Entered: 08/29/2001)

Aug. 29, 2001

Aug. 29, 2001

6

ORDER (signed by the Clerk) granting [5-1] motion to Extend Time for twenty (20) days to and including September 20, 2001 to answer or otherwise plead to Plaintiff's Complaint . Reset Answer deadline to 9/20/01 for SEARS, ROEBUCK & CO . Ccs dist [EOD Date 8/30/01] (L. Simmonds) (Entered: 08/30/2001)

Aug. 30, 2001

Aug. 30, 2001

7

MOTION by SEARS, ROEBUCK & CO. to Extend Time for twenty (20) days to and including September 24, 2001 to file a response to Motion to Intervene filed by Carl P. Davenport with consent (L. Simmonds) Modified on 08/30/2001 (Entered: 08/30/2001)

Aug. 30, 2001

Aug. 30, 2001

Motion(s) referred: [7-1] motion to Extend Time for twenty (20) days to and including September 24, 2001 to file a response to Motion to Intervene filed by Carl P. Davenport referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 08/31/2001)

Aug. 31, 2001

Aug. 31, 2001

8

ORDER granting [7-1] motion to Extend Time for twenty (20) days to and including September 24, 2001 to file a response to Motion to Intervene filed by Carl P. Davenport, Response to Motion set for 9/24/01 for [2-1] motion to Intervene by (Aggrieved Person) CARL P. DAVENPORT pursuant to 42 U.S.C. sec 1217(a) and 42 U.S.C sec 2000e-5(f)(1) (signed by MAG/JUDGE RUSSELL A. ELIASON) [EOD Date 9/5/01] (fe) (Entered: 09/05/2001)

Sept. 5, 2001

Sept. 5, 2001

9

ANSWER to Complaint by SEARS, ROEBUCK & CO. (Attorney JAMES B. SPEARS JR. and JOHN D. COLE) (fe) (Entered: 09/20/2001)

Sept. 20, 2001

Sept. 20, 2001

Motion submission: [2-1] motion to Intervene by (Aggrieved Person) CARL P. DAVENPORT pursuant to 42 U.S.C. sec 1217(a) and 42 U.S.C sec 2000e-5(f)(1) submitted to Judge Bullock (D. Mccarty) (Entered: 10/10/2001)

Oct. 10, 2001

Oct. 10, 2001

10

RESPONSE by defendant SEARS, ROEBUCK & CO. to [8-1] order submitted to the Court on October 4, 2001. (dmm for lks) (L. Simmonds) Modified on 10/18/2001 (Entered: 10/15/2001)

Oct. 12, 2001

Oct. 12, 2001

11

NOTICE of Hearing: set Initial Pretrial Conference for 9:30 11/21/01 in COURTROOM #3 (WSA) ( before MAG/JUDGE RUSSELL A. ELIASON ). Ccs. dist. (W. Williamson) (Entered: 10/19/2001)

Oct. 19, 2001

Oct. 19, 2001

12

ORDER signed JUDGE FRANK W. BULLOCK JR. that CARL P. DAVENPORT be allowed to intervene in this action as a matter of right, and that Claims of Intervener Carl Davenport be filed in this action; and that Davenport be allowed to participate fully in all phases of this action. Ccs dist [EOD Date 10/22/01] (L. Simmonds) (Entered: 10/22/2001)

Oct. 19, 2001

Oct. 19, 2001

13

ANSWER by SEARS, ROEBUCK & CO. to [4-1] Claims of Intervenor Carl Davenport. (fe) (Entered: 11/01/2001)

Nov. 1, 2001

Nov. 1, 2001

CASE REFERRED to Mag/Jud Eliason re: proposed Joint Rule 26(f) Report. (W. Williamson) (Entered: 11/08/2001)

Nov. 8, 2001

Nov. 8, 2001

14

Joint Rule 26(f) Report and Order setting Discovery cutoff 6/7/02; Notice of Intent to file Dsp. Motions due by 6/17/02; Complex Case Management track; Mediation should be conducted later in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be Jonathan R. Harkavy; The parties shall be allowed until 12/07/01 to join additional parties or to amend pleadings; JURY DEMAND; The parties report that reference of this action to a Magistrate Judge is not appropriate; (signed by MAG/JUDGE RUSSELL A. ELIASON) ETT 4d [EOD Date 11/14/01] Ccs. Dist. (fe) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

Complex Case (fe) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

CASE SELECTED FOR MEDIATION (fe) (Entered: 12/06/2001)

Nov. 14, 2001

Nov. 14, 2001

15

ORDER Appointing Mediator Jonathan R. Harkavy (signed by Clerk). [EOD Date 12/10/01] (J. Wilson) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

Mediation Hearing set for no later than 6/7/02 (J. Wilson) (Entered: 12/14/2001)

Dec. 14, 2001

Dec. 14, 2001

16

NOTICE of Hearing: set Jury Trial for 9:30 1/6/03 in UNASSIGNED COURTROOM , set Brief deadline to 12/17/02 () (D. Mccarty) (Entered: 01/09/2002)

Jan. 9, 2002

Jan. 9, 2002

CASE REFERRED to Mag/Jud Eliason with proposed stipulation and consent order (D. Mccarty) (Entered: 01/31/2002)

Jan. 31, 2002

Jan. 31, 2002

CASE NO LONGER REFERRED to Mag/Jud. (L. Simmonds) (Entered: 02/05/2002)

Feb. 5, 2002

Feb. 5, 2002

Consent protective order sent to magistrate judge for approval. (D. Mccarty) (Entered: 02/26/2002)

Feb. 26, 2002

Feb. 26, 2002

18

CONSENT PROTECTIVE ORDER ( signed by MAG/JUDGE RUSSELL A. ELIASON ) that Confidential personnel information may be disclosed by Plaintiff's counsel to Plaintiff, to Plaintiff-Intervenor, and to Plaintiff-Intervenor's counsel, but may not be disclosed to any other person except as provided by this Order. Ccs dist [EOD Date 2/28/02] (L. Simmonds) (Entered: 02/28/2002)

Feb. 28, 2002

Feb. 28, 2002

19

JOINT MOTION by EEOC, SEARS, ROEBUCK & CO., CARL P. DAVENPORT to Extend Discovery and Amend [14-1] Joint 26 Report Discovery Plan pursuant to Rule 6(b) (L. Simmonds) (Entered: 03/01/2002)

March 1, 2002

March 1, 2002

Motion(s) referred: [19-1] motion to Extend Discovery and Amend [14- 1] Joint 26 Report Discovery Plan pursuant to Rule 6(b) referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 03/01/2002)

March 1, 2002

March 1, 2002

20

ORDER signed by MAG/JUDGE RUSSELL A. ELIASON that the parties [19-1] Joint Motion to Extend Discovery and Amend Joint 26 Report Discovery Plan is denied without prejudice to the parties submitting a motion and order setting out a schedule which has all motions and briefs filed and ready for ruling on or before date. October 11, 2002. Ccs dist [EOD Date 3/6/02] (L. Simmonds) (Entered: 03/06/2002)

March 6, 2002

March 6, 2002

21

JOINT MOTION by EEOC, SEARS, ROEBUCK & CO. and CARL P. DAVENPORT to Extend Discovery and Amend Discovery Plan (fe) (Entered: 04/01/2002)

April 1, 2002

April 1, 2002

Motion(s) referred: [21-1] joint motion to Extend Discovery and Amend Discovery Plan referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 04/02/2002)

April 2, 2002

April 2, 2002

22

ORDER signed by MAG/JUDGE RUSSELL A. ELIASON that the date for completion for all discovery is July 31, 2002. Reports from retained experts under Rule 26(a)(2) shall be due from Plaintiff and Plaintiff- Intervenor by May 15, 2002. Reports from retained experts under Rule 26(a)(2) shall be due from Defendant by June 15, 2002. Discovery shall include 11 fact witness depositions for Defendant (absent agreement by all of the parties or leave of court). Dispositive motions shall be due by August 30, 2002 . Reset Discovery deadline to 7/31/02 , Dispositive motions due 8/30/02 . Ccs dist [EOD Date 4/4/02] (L. Simmonds) (Entered: 04/04/2002)

April 4, 2002

April 4, 2002

Mediation Hearing set for no later than 7/31/2002. (fe) (Entered: 04/10/2002)

April 4, 2002

April 4, 2002

23

MOTION by EEOC to Compel Defendant's Discovery Responses with Certification pursuant to Rule 26.1(c) (L. Simmonds) (Entered: 05/21/2002)

May 17, 2002

May 17, 2002

24

MEMORANDUM by EEOC in support of [23-1] motion to Compel Defendant's Discovery Responses by EEOC (L. Simmonds) (Entered: 05/21/2002)

May 17, 2002

May 17, 2002

25

MOTION by SEARS, ROEBUCK & CO. for Protective Order (L. Simmonds) (Entered: 05/21/2002)

May 17, 2002

May 17, 2002

26

MEMORANDUM IN OPPOSITION by EEOC to [25-1] motion for Protective Order by SEARS, ROEBUCK & CO. (J. Wilson) (Entered: 06/07/2002)

June 7, 2002

June 7, 2002

27

MOTION by SEARS, ROEBUCK & CO. to Extend Time until 6/21/02 to file response to EEOC's Motion to Compel Discovery . With consent. (C. Gammon) (Entered: 06/10/2002)

June 7, 2002

June 7, 2002

Motion(s) referred: [27-1] motion to Extend Time until 6/21/02 to file response to EEOC's Motion to Compel Discovery referred to MAG/JUDGE RUSSELL A. ELIASON (R. Winchester) (Entered: 06/11/2002)

June 11, 2002

June 11, 2002

28

ORDER granting [27-1] motion to Extend Time until 6/21/02 to file response to EEOC's Motion to Compel Discovery signed by MAG/JUDGE RUSSELL A. ELIASON [EOD Date 6/13/02] (J. Wilson) (Entered: 06/13/2002)

June 13, 2002

June 13, 2002

Mediation Hearing held 6/11/02 (J. Wilson) (Entered: 06/19/2002)

June 18, 2002

June 18, 2002

29

REPLY (with attachment A) by SEARS, ROEBUCK & CO. to response to [25-1] motion for Protective Order by SEARS, ROEBUCK & CO. (fe) (Entered: 06/24/2002)

June 21, 2002

June 21, 2002

30

RESPONSE (with attachments A-B) by SEARS, ROEBUCK & CO. to [23-1] motion to Compel Defendant's Discovery Responses by EEOC (fe) (Entered: 06/24/2002)

June 21, 2002

June 21, 2002

31

MOTION (with attached exhibits A-F) by CARL P. DAVENPORT to Compel defendant Sears, Roebuck & Company to provide discovery pursuant to Rule 37 of the FRCvP . (fe) Modified on 06/26/2002 (Entered: 06/26/2002)

June 26, 2002

June 26, 2002

32

MEMORANDUM by CARL P. DAVENPORT in support of [31-1] motion to Compel defendant Sears, Roebuck & Company to provide discovery pursuant to Rule 37 of the FRCvP by CARL P. DAVENPORT (fe) (Entered: 06/26/2002)

June 26, 2002

June 26, 2002

33

MOTION (with attached original affidavit of John D. Cole) by SEARS, ROEBUCK & CO. to Extend Time to respond to intervenor's interrogatory nos. 10 & 11 . (fe) (Entered: 06/26/2002)

June 26, 2002

June 26, 2002

Motion(s) referred: [33-1] motion to Extend Time to respond to intervenor's interrogatory nos. 10 & 11 referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

Motion(s) no longer referred: [33-1] motion to Extend Time to respond to intervenor's interrogatory nos. 10 & 11 (D. Mccarty) (Entered: 07/02/2002)

July 2, 2002

July 2, 2002

34

REPLY by EEOC to response to [23-1] motion to Compel Defendant's Discovery Responses by EEOC (fe) (Entered: 07/09/2002)

July 8, 2002

July 8, 2002

Motion(s) referred: [23-1] motion to Compel Defendant's Discovery Responses referred to MAG/JUDGE RUSSELL A. ELIASON, [25-1] motion for Protective Order referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

35

MOTION by SEARS, ROEBUCK & CO. to increase the number of fact witness depositions for defendant . Plaintiff's counsel opposes this motion. (fe) (Entered: 07/15/2002)

July 15, 2002

July 15, 2002

Motion(s) referred: [35-1] motion to increase the number of fact witness depositions for defendant referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 07/16/2002)

July 16, 2002

July 16, 2002

Motion(s) no longer referred: [35-1] motion to increase the number of fact witness depositions for defendant (D. Mccarty) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

36

MEMORANDUM IN OPPOSITION (with attached exhibits A-C) by EEOC to [35-1] motion to increase the number of fact witness depositions for defendant by SEARS, ROEBUCK & CO. (fe) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

37

JOINT MOTION by EEOC, CARL P. DAVENPORT for Protective Order pursuant to Rule 26(c)(2) FRCvP . (fe) Modified on 07/19/2002 (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

38

MEMORANDUM (with exhibits A-C) by EEOC, CARL P. DAVENPORT in support of [37-1] joint motion for Protective Order pursuant to Rule 26(c)(2) FRCvP by CARL P. DAVENPORT, EEOC (fe) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

39

JOINT MOTION by EEOC, CARL P. DAVENPORT for expedited discovery hearing pursuant to Local Rule 26.1 . (fe) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

40

JOINT MEMORANDUM by EEOC, CARL P. DAVENPORT in support of [39-1] joint motion for expedited discovery hearing pursuant to Local Rule 26.1 by CARL P. DAVENPORT, EEOC (fe) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

41

RESPONSE by CARL P. DAVENPORT to [35-1] motion to increase the number of fact witness depositions for defendant by SEARS, ROEBUCK & CO. (fe) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

42

MEMORANDUM by CARL P. DAVENPORT in support of [41-1] motion response by CARL P. DAVENPORT (fe) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

43

RESPONSE, with attachments, by SEARS, ROEBUCK & CO. to [31-1] motion to Compel defendant Sears, Roebuck & Company to provide discovery pursuant to Rule 37 of the FRCvP by CARL P. DAVENPORT (fe) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

Motion(s) referred: [35-1] motion to increase the number of fact witness depositions for defendant referred to MAG/JUDGE WALLACE W. DIXON (D. Mccarty) (Entered: 07/22/2002)

July 22, 2002

July 22, 2002

Motion(s) referred: [37-1] joint motion for Protective Order pursuant to Rule 26(c)(2) FRCvP referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 07/22/2002)

July 22, 2002

July 22, 2002

Motion(s) referred: [39-1] joint motion for expedited discovery hearing pursuant to Local Rule 26.1 referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 07/22/2002)

July 22, 2002

July 22, 2002

Telephonic Notice to parties setting telephone conference for Wednesday, July 24, 2002, at 10:00 a.m. with Magistrate Judge Eliason (D. Mccarty) (Entered: 07/23/2002)

July 23, 2002

July 23, 2002

Telephone Conference scheduled with - MAG/JUDGE RUSSELL A. ELIASON and counsel Re: on 7/24/02 at 10:00 a.m. re motion for expedited hearing. (D. Mccarty) (Entered: 07/23/2002)

July 23, 2002

July 23, 2002

44

MOTION by SEARS, ROEBUCK & CO. to Extend Time for parties to complete depositions for an additional fourteen days to and including 8/14/02. Counsel for EEOC opposes this motion.(fe) Modified on 07/23/2002 (Entered: 07/23/2002)

July 23, 2002

July 23, 2002

Motion(s) referred: [44-1] motion to Extend Time for parties to complete depositions referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 07/23/2002)

July 23, 2002

July 23, 2002

45

REPLY by SEARS, ROEBUCK & CO. to response to [35-1] motion to increase the number of fact witness depositions for defendant by SEARS, ROEBUCK & CO. (fe) (Entered: 07/23/2002)

July 23, 2002

July 23, 2002

46

MOTION by EEOC to Compel defendant to produce Sue Menzel for her deposition and to make a designation for plaintiff's 30(b)(6) deposition. (D. Mccarty) (Entered: 07/24/2002)

July 24, 2002

July 24, 2002

47

MEMORANDUM by EEOC in support of [46-1] motion to Compel defendant to produce Sue Menzel for her deposition and to make a designation for plaintiff's 30(b)(6) deposition. by EEOC (D. Mccarty) (Entered: 07/24/2002)

July 24, 2002

July 24, 2002

48

ORDER granting [37-1] joint motion for Protective Order and the parties are directed to take the deposition on or before Aug. 16, 2002 at a time mutually agreeable to all of them, granting in part, denying in part [46-1] motion to Compel defendant to produce Sue Menzel for her deposition and to make a designation for plaintiff's 30(b)(6) deposition. The court directs that the deposition take place on July 26, 2002 at 10:00 a.m., granting [35-1] motion to increase the number of fact witness depositions for defendant, defendant may take the depositions of two individuals as identified at Jul. 24, 2002 telephonic hearing on Aug. 7, 2002 starting at 10:00 a.m., granting in part, denying in part [44-1] motion to Extend Time for parties to complete depositions, the court extended the dispositive motion briefing schedule as follows. All disp. motions must be filed on or before Sept. 10, 2002. Responses are due on or before Oct. 7, 2002. Reply Briefs are due on or before Oct. 15, 2002 IT IS ORDERED signed by MAG/JUDGE RUSSELL A. ELIASON [EOD Date 7/24/02]. Ccs. dist. (W. Williamson) (Entered: 07/24/2002)

July 24, 2002

July 24, 2002

49

ORDER that plaintiff EEOC's and the plaintiff/intervenor Carl Davenport's motions to compel (docket nos. 23 & 31) are granted in part and denied in part as set out in the body of the Order. (signed by MAG/JUDGE RUSSELL A. ELIASON) [EOD Date 8/1/02] Ccs. Dist. (fe) (Entered: 08/01/2002)

Aug. 1, 2002

Aug. 1, 2002

50

ORDER that defendant's motion for a protective order (docket no. 25) is granted in part and denied in part as is specifically set out in the body of the order. Any deposition topic or request for documents not mentioned in the body of the order is not entitled to a protective order. (signed by MAG/JUDGE RUSSELL A. ELIASON) [EOD Date 8/1/02] Ccs. Dist. (fe) (Entered: 08/01/2002)

Aug. 1, 2002

Aug. 1, 2002

51

Notice of Intent to File Dispositive Motions. Dispositive Motions due by 8/30/02. Filed by SEARS, ROEBUCK & CO. (fe) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

52

Notice of Intent to File Dispositive Motions. Dispositive Motions due by 8/30/02. Filed by EEOC. (fe) (Entered: 08/09/2002)

Aug. 9, 2002

Aug. 9, 2002

53

Notice of Intent to File Dispositive Motions. Dispositive Motions due by 8/30/02. Filed by CARL P. DAVENPORT. (fe) (Entered: 08/12/2002)

Aug. 12, 2002

Aug. 12, 2002

54

JOINT MOTION for Partial Summary Judgment pursuant to Rule 56 of the FRCvP by plaintiff EEOC, movant CARL P. DAVENPORT (fe) (Entered: 09/11/2002)

Sept. 10, 2002

Sept. 10, 2002

55

BRIEF (with Depositions, Exhibits, Affidavits and Deposition Exhibits located in expandable file) by EEOC, CARL P. DAVENPORT in support of [54-1] motion for Partial Summary Judgment pursuant to Rule 56 of the FRCvP by CARL P. DAVENPORT, EEOC (fe) (Entered: 09/11/2002)

Sept. 10, 2002

Sept. 10, 2002

56

STIPULATION of voluntary dismissal with prejudice of intervenor's second and third claims against defendant Sears. (fe) (Entered: 09/11/2002)

Sept. 10, 2002

Sept. 10, 2002

57

MOTION (with attachments A-H located in expandable file) for Summary Judgment pursuant to Rule 56 of the FRCvP by defendant SEARS, ROEBUCK & CO. (fe) (Entered: 09/11/2002)

Sept. 10, 2002

Sept. 10, 2002

58

Motion to Exceed Page Limitation of Brief by four pages by SEARS, ROEBUCK & CO. RE: [57-1] motion for Summary Judgment pursuant to Rule 56 of the FRCvP by SEARS, ROEBUCK & CO. (fe) (Entered: 09/11/2002)

Sept. 10, 2002

Sept. 10, 2002

Motion submission: [58-1] motion to Exceed Page Limitation of Brief by four pages submitted to Judge Bullock (D. Mccarty) (Entered: 09/11/2002)

Sept. 11, 2002

Sept. 11, 2002

59

ORDER granting [58-1] motion to Exceed Page Limitation of Brief by four pages. Signed by JUDGE FRANK W. BULLOCK JR. Ccs. dist. [EOD Date 9/12/02] (fe) (Entered: 09/12/2002)

Sept. 12, 2002

Sept. 12, 2002

60

MEMORANDUM (with attachment) by SEARS, ROEBUCK & CO. in support of [57-1] motion for Summary Judgment pursuant to Rule 56 of the FRCvP by SEARS, ROEBUCK & CO. (fe) (Entered: 09/25/2002)

Sept. 25, 2002

Sept. 25, 2002

61

Joint Motion to file four additional pages for Joint Memorandum in Reponse to Defendant's Motion for Summary Judgment by CARL P. DAVENPORT. Cnsl for defendant has not responded consent to this motion (L. Simmonds) Modified on 10/03/2002 (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

Motion submission: [61-1] motion to file four additional pages for Joint Memorandum in Reponse to Defendant's Motion for Summary Judgment submitted to Judge Bullock (D. Mccarty) (Entered: 10/04/2002)

Oct. 4, 2002

Oct. 4, 2002

62

ORDER granting [61-1] motion to file four additional pages for Joint Memorandum in Reponse to Defendant's Motion for Summary Judgment. Signed by JUDGE FRANK W. BULLOCK JR. Ccs dist [EOD Date 10/7/02] (L. Simmonds) (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

63

JOINT MOTION by EEOC, CARL P. DAVENPORT to Strike Evidence in support of motion for Summary Judgment by SEARS, ROEBUCK & CO. (L. Simmonds) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

64

JOINT MEMORANDUM IN RESPONSE by EEOC, CARL P. DAVENPORT to [57-1] motion for Summary Judgment pursuant to Rule 56 of the FRCvP by SEARS, ROEBUCK & CO. (L. Simmonds) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

65

RESPONSE IN OPPOSITION (with attachments of Depositions, Deposition Exhibits, and Other Exhibits in Support of Pltf's and Intervenor's Response in Opposition located in expandable folder) by EEOC, CARL P. DAVENPORT to [57-1] motion for Summary Judgment pursuant to Rule 56 of the by SEARS, ROEBUCK & CO. (L. Simmonds) Modified on 10/08/2002 (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

67

RESPONSE by SEARS, ROEBUCK & CO. to [54-1] motion for Partial Summary Judgment pursuant to Rule 56 of the FRCvP by CARL P. DAVENPORT, EEOC (L. Simmonds) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

67

MEMORANDUM by SEARS, ROEBUCK & CO. in support of [66-1] motion to Strike Portion of Affidavit of Carl P. Davenport by SEARS, ROEBUCK & CO. (L. Simmonds) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

68

EXHIBITS (A thru T) by SEARS, ROEBUCK & CO. in support of its Response to Plaintiff's Motion for Partial Summary Judgment (located in expandable file) (L. Simmonds) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

69

Motion to Exceed Page Limitation of Brief by an additional five (5) pages for Defendant's Summary Judgment Reply by SEARS, ROEBUCK & CO. Pltf/Intervenor Davenport's cnsl objects to the extension of page limitation. Cnsl for pltf. EEOC has not not responded to request. Dft will advise court of pltf. EEOC cnsl's position on motion when he receives it (L. Simmonds) (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

70

REPLY BRIEF by EEOC, CARL P. DAVENPORT in support of [54-1] motion for Partial Summary Judgment pursuant to Rule 56 of the FRCvP by CARL P. DAVENPORT, EEOC (L. Simmonds) (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

71

REPLY by SEARS, ROEBUCK & CO. to response to [57-1] motion for Summary Judgment pursuant to Rule 56 of the FRCvP by SEARS, ROEBUCK & CO. (L. Simmonds) (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

72

Supplemental Attachments (with Exhibits I thru O attached) by SEARS, ROEBUCK & CO. in support of [57-1] motion for Summary Judgment pursuant to Rule 56 of the by SEARS, ROEBUCK & CO. (Supplemental Attachment located in expandable file) (L. Simmonds) Modified on 10/16/2002 (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 29, 2001

Closing Date: Jan. 24, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sears, Roebuck & Co. (Greensboro, NC), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 125000

Order Duration: 2003 - 2004

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Monitoring

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits