Case: EEOC v. WAL-MART STORES INC

3:05-cv-00376 | U.S. District Court for the District of Idaho

Filed Date: Sept. 15, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In September 2005, the Seattle office of the EEOC brought this Title VII suit against Wal-Mart Stores Inc in the U.S. District Court for the District of Idaho. The complaint alleged that the defendant discriminated against the claimant by harassing him and retaliating against him by discharging him for his complaint because of his race (black). The parties entered into a settlement agreement, and the court dismissed the case in February 2007.

The two year settlement agreement required the defendant to pay the claimant $125,000 in damages and backpay, provide training for salaried managers and hourly associates, maintain policies to prevent race harassment, race discrimination, and refrain from discrimination, expunge the claimant's record, institute policies to promote manager accountability, post notice, and give the EEOC reports every six months. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Kevin Wilemon (6/25/2007)

Documents in the Clearinghouse

Document

3:05-cv-00376

Docket

EEOC v. Wal-Mart Stores Inc

Feb. 5, 2007

Feb. 5, 2007

Docket
1

3:05-cv-00376

Complaint

EEOC v. Wal-Mart Stores Inc

Sept. 15, 2005

Sept. 15, 2005

Complaint
65

3:05-cv-00376

Settlement Agreement and Order of Dismissal

EEOC v. Wal-Mart Stores Inc

Feb. 5, 2007

Feb. 5, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4679196/equal-employment-opportunity-commission-v-wal-mart-stores-inc/

Last updated Aug. 1, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Wal-Mart Stores, Inc. Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Cover Sheet)(dkh, ) (Entered: 09/16/2005)

Sept. 15, 2005

Sept. 15, 2005

2

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Equal Employment Opportunity Commission re 1 Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, )

Sept. 16, 2005

Sept. 16, 2005

Summons Reissued as to Equal Employment Opportunity Commission. (dkh, )

Sept. 21, 2005

Sept. 21, 2005

3

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Wal-Mart Stores, Inc. served on 9/30/2005, answer due 10/20/2005. (dkh, ) (Entered: 10/07/2005)

Oct. 6, 2005

Oct. 6, 2005

4

NOTICE of Appearance by Charles F McDevitt on behalf of Wal-Mart Stores, Inc. (dkh, )

Oct. 21, 2005

Oct. 21, 2005

5

STIPULATION for extension of time for filing answer re 1 Complaint by Wal-Mart Stores, Inc.. (dkh, )

Oct. 21, 2005

Oct. 21, 2005

6

NOTICE of Appearance by Damien A Lee on behalf of Equal Employment Opportunity Commission (Lee, Damien)

Oct. 24, 2005

Oct. 24, 2005

7

ORDER granting an extension of time for filing answer. re 5 Stipulation. Wal-Mart Stores, Inc. shall file and serve its Answer by 11/21/05. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

Oct. 24, 2005

Oct. 24, 2005

8

LITIGATION ORDER Parties to file the litigation plan form by 11/30/2005. Telephonic Scheduling Conference set for 12/14/2005 09:30 AM before Honorable Edward J. Lodge.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )

Oct. 27, 2005

Oct. 27, 2005

9

APPLICATION and approval of Clerk for admission pro hac vice, Attorney Michael Reiss for Wal-Mart Stores, Inc. added. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, ) (Entered: 11/02/2005)

Nov. 1, 2005

Nov. 1, 2005

10

APPLICATION and approval of Clerk for admission pro hac vice, Attorney Sheehan Sullivan Weiss for Wal-Mart Stores, Inc. added. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, ) (Entered: 11/02/2005)

Nov. 1, 2005

Nov. 1, 2005

11

APPLICATION and approval of Clerk for admission pro hac vice, Attorney Michael J Killeen for Wal-Mart Stores, Inc. added. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, ) (Entered: 11/02/2005)

Nov. 1, 2005

Nov. 1, 2005

13

CERTIFICATE OF SERVICE by Wal-Mart Stores, Inc. re 12 Answer to Complaint Amended Certificate of Service (Sullivan Weiss, Sheehan)

Nov. 21, 2005

Nov. 21, 2005

14

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Wal-Mart Stores, Inc. re 12 Answer to Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, )

Nov. 23, 2005

Nov. 23, 2005

15

STIPULATION re 1 Complaint Withdrawal of Jury Demand by Equal Employment Opportunity Commission. (Lee, Damien)

Nov. 25, 2005

Nov. 25, 2005

16

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Equal Employment Opportunity Commission. (Lee, Damien)

Nov. 25, 2005

Nov. 25, 2005

17

SCHEDULING ORDER REFERRING CASE to Magistrate Judge Larry M. Boyle for all non-dispositive pretrial matters; ADR Plan to be filed by 5/31/2006. Amended Pleadings due by 5/13/2006. Discovery due by 8/14/2006. Motions due by 9/11/2006. Bench Trial set for 2/13/2007 09:30 AM in Coeur d Alene, ID before Honorable Edward J. Lodge.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )

Nov. 30, 2005

Nov. 30, 2005

18

STIPULATION re 1 Complaint (Corrected) by Equal Employment Opportunity Commission. (Lee, Damien)

Dec. 5, 2005

Dec. 5, 2005

19

STIPULATION re Proposed Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Lee, Damien)

Feb. 17, 2006

Feb. 17, 2006

20

DOCKET ENTRY ORDER approving the parties' Stipulated Withdrawal of Jury Demand [Dkt 18]. Signed by Judge Larry M. Boyle. (Ball, Kate)

Feb. 17, 2006

Feb. 17, 2006

21

ORDER Granting Stipulated Protective Order re 19 Stipulation filed by Equal Employment Opportunity Commission, . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, ) (Entered: 02/21/2006)

Feb. 17, 2006

Feb. 17, 2006

22

STIPULATION to Extend the Time for Disclosure of Expert Witnesses in the Scheduling Order by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Regarding Stipulation to Extend the Time to Disclose Expert Witnesses)(Lee, Damien)

April 19, 2006

April 19, 2006

23

ORDER Regarding Stipulation to Extend Time, Granting re 22 Stipulation, filed by Equal Employment Opportunity Commission, . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )

April 24, 2006

April 24, 2006

24

NOTICE by Wal-Mart Stores, Inc. Joint Written Statement Regarding Settlement Efforts (Killeen, Michael)

May 31, 2006

May 31, 2006

25

STIPULATION to Extend Expert Witness Disclosures by Equal Employment Opportunity Commission. (Attachments: # 1)(Lee, Damien)

June 2, 2006

June 2, 2006

27

First MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. Responses due by 7/31/2006 (Attachments: # 1 Memorandum in Support # 2 Affidavit # 3 Exhibit A to Decl.# 4 Exhibit B to Decl.# 5 Exhibit C to Decl.# 6 Exhibit D to Decl.# 7 Exhibit E to Decl.# 8 Exhibit F to Decl.# 9 Exhibit G to Decl.# 10 Exhibit H to Decl.# 11 Exhibit I to Decl.# 12 Exhibit J to Decl.)(Lee, Damien)

July 7, 2006

July 7, 2006

28

MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. Responses due by 7/31/2006 (Attachments: # 1 Exhibit L to Decl.# 2 Exhibit M to Decl.# 3 Exhibit N to Decl.# 4 Proposed Order re Plaintiff EEOC's Motion to Extend Discovery and Pretrial Deadlines and to Shorten Time)(Lee, Damien)

July 7, 2006

July 7, 2006

CORRECTIVE ENTRY - The entry docket number 28MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission, was filed incorrectly in this case. This is not a motion and should be filed as a "Supplement" using the event under other documents, linking to the motion dkt #27. Also, the proposed order needs to be emailed to the appropriate Judge's e-mail box. The clerk has termed the motion dkt #28. The filing party shall re-submit their correct filing. (jg, )

July 10, 2006

July 10, 2006

29

SUPPLEMENT by Plaintiff Equal Employment Opportunity Commission re 27 First MOTION for Extension of Time to Complete Discovery. (Attachments: # 1 Exhibit K to Decl# 2 Exhibit L to Decl# 3 Exhibit M to Decl# 4 Exhibit N to Decl)(Lee, Damien)

July 10, 2006

July 10, 2006

30

DOCKET ENTRY ORDER granting Plaintiff EEOC's request to shorten the time for responding to its Motion to Extend Discovery and Pretrial Deadlines (Docket No. 27). Good cause exists to shorten the response time because the deadline for which Plaintiff has requested an extension is just a few weeks away. Accordingly, Defendant's response memorandum is due on or before July 28, 2006, and Plaintiff's reply memorandum is due on or before August 4, 2006. Signed by Judge Larry M. Boyle. (Ball, Kate)

July 25, 2006

July 25, 2006

31

RESPONSE to Motion re 27 First MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Response to Plaintiff EEOC's Motion to Extend Discovery and Pretrial Deadlines filed by Wal-Mart Stores, Inc.. Replies due by 8/4/2006. (Killeen, Michael)

July 28, 2006

July 28, 2006

32

REPLY to Response to Motion re 27 First MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission. (Lee, Damien)

Aug. 4, 2006

Aug. 4, 2006

33

ORDER granting re 27 First MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission, Discovery due by 9/14/2006. Motions due by 9/25/2006.. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )

Aug. 10, 2006

Aug. 10, 2006

35

MEMORANDUM/BRIEF re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery filed by Wal-Mart Stores, Inc.. (Killeen, Michael)

Sept. 5, 2006

Sept. 5, 2006

36

DECLARATION of Michael J. Killeen re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery filed by Wal-Mart Stores, Inc.. (Killeen, Michael)

Sept. 5, 2006

Sept. 5, 2006

37

MOTION for Hearing re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery Motion to Shorten Time to Hear Wal-Mart's Motion to Extend Deadline for Expert Discovery by Wal-Mart Stores, Inc.. Responses due by 9/29/2006 (Killeen, Michael)

Sept. 5, 2006

Sept. 5, 2006

38

DECLARATION of Michael J. Killeen re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery filed by Wal-Mart Stores, Inc. Supplemental Declaration of Michael J. Killeen in Support of Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery . (Killeen, Michael)

Sept. 6, 2006

Sept. 6, 2006

40

NOTICE of Appearance by Teri L Healy on behalf of Equal Employment Opportunity Commission (Healy, Teri)

Sept. 7, 2006

Sept. 7, 2006

41

RESPONSE to Motion re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery filed by Equal Employment Opportunity Commission. Replies due by 9/15/2006. (Attachments: # 1 Affidavit of Damien A. Lee in Response to Defendant Wal-Mart's Motion to Extend Expert Discovery# 2 Exhibit A to Affidavit of Damien A. Lee in Response to Defendant Wal-Mart's Motion to Extend Expert Discovery)(Lee, Damien)

Sept. 13, 2006

Sept. 13, 2006

42

REPLY to Response to Motion re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery Defendant Wal-Mart's Reply in Support of Motion to Extend Deadline for Expert Discovery filed by Wal-Mart Stores, Inc.. (Killeen, Michael)

Sept. 15, 2006

Sept. 15, 2006

43

ORDER granting 34 Motion for Extension of Time to Complete Discovery The deadline for completion of expert discovery is extended to 10/20/06, Dispositive motions shall be filed on or before 11/6/06.. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )

Sept. 22, 2006

Sept. 22, 2006

44

MOTION to excuse attendance of local counsel at trial by Wal-Mart Stores, Inc.. Responses due by 2/5/2007 (jg, )

Jan. 12, 2007

Jan. 12, 2007

46

DECLARATION of Michael J. Killeen in Support of Defendant Wal-Mart's Motions in Limine filed by Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit Exhibits A-D to Killeen Declaration# 2 Exhibit Exhibits E-I to Killeen Declaration)(Killeen, Michael)

Jan. 12, 2007

Jan. 12, 2007

47

MOTION in Limine re Past Litigation and Prior Arrests and Convictions by Equal Employment Opportunity Commission. Responses due by 2/5/2007 (Attachments: # 1 Memorandum in Support # 2 Exhibit Proposed Order)(Healy, Teri)

Jan. 12, 2007

Jan. 12, 2007

48

Exhibit List by Equal Employment Opportunity Commission.. (Attachments: # 1 Proposed Exhibit Form# 2 Designated Deposition Transcript (C. Booher, contingently designated)# 3 Designated Deposition Transcript (K. Harrison))(Lee, Damien)

Jan. 12, 2007

Jan. 12, 2007

49

MOTION in Limine TO SEEK ADMISSION OF PHOTOGRAPHIC EVIDENCE by Equal Employment Opportunity Commission. Responses due by 2/5/2007 (Attachments: # 1 Memorandum in Support Memorandum in Support# 2 Exhibit Proposed Order)(Healy, Teri)

Jan. 12, 2007

Jan. 12, 2007

50

DECLARATION of Damien A. Lee re 49 MOTION in Limine TO SEEK ADMISSION OF PHOTOGRAPHIC EVIDENCE filed by Equal Employment Opportunity Commission. (Healy, Teri)

Jan. 12, 2007

Jan. 12, 2007

51

MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY AND REPORT OF DEFENDANTS EXPERT WITNESS NANCY COLLINS by Equal Employment Opportunity Commission. Responses due by 2/5/2007 (Attachments: # 1 Memorandum in Support # 2 Appendix Proposed Order)(Healy, Teri)

Jan. 12, 2007

Jan. 12, 2007

52

DECLARATION of Travis Woods re 49 MOTION in Limine TO SEEK ADMISSION OF PHOTOGRAPHIC EVIDENCE , 51 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY AND REPORT OF DEFENDANTS EXPERT WITNESS NANCY COLLINS filed by Equal Employment Opportunity Commission. (Attachments: # (1) Attach A - Picture 1# (2) Attach A Pic 2# (3) Attach A - Pic 3# (4) Attach A - Pic 5# (5) Attach A - Pic 6# (6) Attach A - Pic 8# (7) Attach A - Pic 9# (8) Attach A - Pic 10# (9) Attach A - Pic 11# (10) Attach A - Pic 13# (11) Attach A - Pic 14# (12) Attach B)(Lee, Damien) Declaration of Travis Woods to be refiled, see doc #57. Modified to seal on 1/23/2007 (wm, ).

Jan. 12, 2007

Jan. 12, 2007

53

DECLARATION of Teri Healy re 51 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY AND REPORT OF DEFENDANTS EXPERT WITNESS NANCY COLLINS filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A EEO1 Report# 2 Exhibit B LOD# 3 Exhibit C Complaint# 4 Exhibit D Collins Deposition Excerpts# 5 Exhibit E Collins Report# 6 Exhibit F Curriculum Vitae# 7 Exhibit G EEOC's Interrogatory Response)(Healy, Teri)

Jan. 12, 2007

Jan. 12, 2007

55

Exhibit List Exhibit List Part 1 by Wal-Mart Stores, Inc... (Killeen, Michael)

Jan. 17, 2007

Jan. 17, 2007

56

Exhibit List WM Exhibit List Part 2 by Wal-Mart Stores, Inc... (Killeen, Michael)

Jan. 17, 2007

Jan. 17, 2007

57

DECLARATION of Travis Woods re [52] Declaration,, filed by Equal Employment Opportunity Commission. (Lee, Damien)

Jan. 18, 2007

Jan. 18, 2007

58

DESIGNATION of District Judge for service in another district within the Ninth Circuit. Case reassigned to Judge Robert J. Bryan for all further proceedings. Judge Edward J. Lodge no longer assigned to case; Please note to use the new case number of CV 05-376-C-RJB on all future pleadings in this case. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, ) (Entered: 01/24/2007)

Jan. 23, 2007

Jan. 23, 2007

59

RESPONSE to Motion re 47 MOTION in Limine re Past Litigation and Prior Arrests and Convictions filed by Wal-Mart Stores, Inc.. Replies due by 2/8/2007. (Killeen, Michael)

Jan. 25, 2007

Jan. 25, 2007

60

RESPONSE to Motion re 49 MOTION in Limine TO SEEK ADMISSION OF PHOTOGRAPHIC EVIDENCE filed by Wal-Mart Stores, Inc.. Replies due by 2/8/2007. (Killeen, Michael)

Jan. 25, 2007

Jan. 25, 2007

61

RESPONSE to Motion re 51 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY AND REPORT OF DEFENDANTS EXPERT WITNESS NANCY COLLINS filed by Wal-Mart Stores, Inc.. Replies due by 2/8/2007. (Killeen, Michael)

Jan. 25, 2007

Jan. 25, 2007

62

RESPONSE to Motion re 45 MOTION in Limine Defendant Wal-Mart's Motions in Limine filed by Equal Employment Opportunity Commission. Replies due by 2/9/2007. (Lee, Damien)

Jan. 26, 2007

Jan. 26, 2007

63

DECLARATION of Teri Healy re 62 Response to Motion filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Healy, Teri)

Jan. 26, 2007

Jan. 26, 2007

64

DECLARATION of Damien A Lee re 62 Response to Motion filed by Equal Employment Opportunity Commission. (Attachments: # 1 Attach. A to D Lee Decl.# 2 Attach. B to D Lee Decl.# 3 Attach. C to D Lee Decl.# 4 Attach. D to D Lee Decl.# 5 Attach. E to D Lee Decl.# 6 Attach. F to D Lee Decl.# 7 Attach. G to D Lee Decl.# 8 Attach. H to D Lee Decl.# 9 Attach. I to D Lee Decl.)(Lee, Damien)

Jan. 26, 2007

Jan. 26, 2007

Set/Reset Hearings: This is a court utility event only. Jury Trial set for 2/13/2007 09:00 AM in Coeur d Alene, ID before Honorable Robert J. Bryan. For 4 days. (mp, )

Jan. 29, 2007

Jan. 29, 2007

Set/Reset Hearings: This is a court utility event only. Correction the Jury Trial is Bench Trial set for 2/13/2007 09:30 AM in Coeur d Alene, ID before Honorable Robert J. Bryan. (mp, )

Jan. 29, 2007

Jan. 29, 2007

39

ORDER granting in part 37 Motion to extend deadline for expert discovery; and denying in party request for hearing on motion to extend time for expert discovery. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )).

Sept. 7, 2006

Sept. 7, 2006

RECAP

Case Details

State / Territory: Idaho

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 15, 2005

Closing Date: 2009

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

Wal-Mart Stores Inc (Lewiston, ID ), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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:

Voluntary Dismissal

Amount Defendant Pays: 125000

Order Duration: 2007 - 2009

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Retaliation Prohibition

Provide antidiscrimination training

Implement complaint/dispute resolution process

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits