Case: EEOC v. WAL-MART STORES, INC. (TRAVER)

1:98-cv-07023 | U.S. District Court for the Northern District of Illinois

Filed Date: Nov. 3, 1998

Closed Date: Dec. 27, 2001

Clearinghouse coding complete

Case Summary

The EEOC's Chicago district office sued Wal-Mart Stores, Inc. on November 3, 1998 in the U.S. District Court for the Northern District of Illinois. The EEOC alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on disability. The defendant filed a motion for summary judgment in March 2000, which was denied in September 2000. The parties entered into a consent decree on December 27, 2001, which stipulated that the defendant would pay the complainant $277,287.57 in damages, post a notice of compliance with Title VII, provide Title VII training to its managers, revise its EEO policy, create a reasonable accommodation procedure, provide for an EEO compliance official and special master, abolish the "Matrix of Essential Job Functions," and report complaints of disability discrimination to the EEOC and the special master annually.

Summary Authors

Aaron Weismann (7/17/2007)

Documents in the Clearinghouse

Document

1:98-cv-07023

Docket

EEOC v. Wal-Mart Stores, Inc.

Dec. 27, 2001

Dec. 27, 2001

Docket
37

1:98-cv-07023

Consent Decree

EEOC v. Wal-Mart Stores, Inc.

Dec. 27, 2001

Dec. 27, 2001

Settlement Agreement

Resources

Docket

Last updated March 23, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Mary B. Manzo, Jean P. Kamp, John C. Hendrickson as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: 1-1 through 1-3) (eav) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

2

WAIVER of service of summons as to defendant Wal-Mart Stores Inc sent on 11/18/98 (eav) (Entered: 11/30/1998)

Nov. 30, 1998

Nov. 30, 1998

3

ANSWER by defendant Wal-Mart Stores Inc to original complaint (eav) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

4

ATTORNEY APPEARANCE for defendant Wal-Mart Stores Inc by William J. Holloway (eav) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

8

ATTORNEY APPEARANCE for defendant Wal-Mart Stores Inc by Pamela Dunn Connolly (eav) (Entered: 03/02/1999)

Jan. 27, 1999

Jan. 27, 1999

MAILED 01/28/98: Rule 3.15 lette to Pamela D. Connolly. Forwarded 01/28/99: Appearance form of Pamela D. Connolly and copy of Rule 3.15 letter to Judge Zagel. (eav) (Entered: 01/28/1999)

Jan. 28, 1999

Jan. 28, 1999

SCHEDULE set on 2/11/99 by Hon. James B. Zagel : Noticed motion to appear pro hac vice and to file additional appearance set for 10:15 2/18/99 No notice (drw) (Entered: 02/12/1999)

Feb. 11, 1999

Feb. 11, 1999

6

AGREED MOTION by defendant to file the additional appearance of Pamela D. Connolly and the application for leae to appear pro hac vice of Gregory S. Muzingo (Exhibit); Notice of motion (eav) (Entered: 02/24/1999)

Feb. 11, 1999

Feb. 11, 1999

5

APPLICATION for leave to appear pro hac vice by Gregory S. Muzingo for defendant Wal-Mart Stores Inc ; Order entered granting leave by Hon. James B. Zagel (eav) (Entered: 02/22/1999)

Feb. 12, 1999

Feb. 12, 1999

7

MINUTE ORDER of 2/18/99 by Hon. James B. Zagel : Agreed motion to file the additional appearance of Pamela D. Connolly and the application for leae to appear pro hac vice of Gregory S. Muzingo granted. [6-1] Telephoned notice (eav) (Entered: 02/24/1999)

Feb. 18, 1999

Feb. 18, 1999

SCHEDULE set on 7/27/99 by Hon. James B. Zagel : Noticed motion seet for 10:15 7/29/99 No notice (drw) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

9

MOTION by plaintiff to quash subpoenas and for protective order ; Memorandum in support; (Attachment); Notice (hp) (Entered: 08/02/1999)

July 27, 1999

July 27, 1999

10

MINUTE ORDER of 7/29/99 by Hon. James B. Zagel : Plaintiff's motion to quash subpoenas is denied [9-1] and for protective order is granted. [9-2] No notice (hp) (Entered: 08/02/1999)

July 29, 1999

July 29, 1999

11

MINUTE ORDER of 9/15/99 by Hon. James B. Zagel : (Enter stipulated protective order.) Telephoned notice (hp) (Entered: 09/17/1999)

Sept. 15, 1999

Sept. 15, 1999

12

MOTION by defendant for summary judgment ; Notice (hp) (Entered: 03/20/2000)

March 1, 2000

March 1, 2000

13

MEMORANDUM of law by defendant in support of its motion for summary judgment [12-1] (Attachment) (hp) (Entered: 03/20/2000)

March 1, 2000

March 1, 2000

14

MOTION by defendant to stay discovery pending ruling on summary judgment (hp) (Entered: 03/20/2000)

March 1, 2000

March 1, 2000

16

MINUTE ORDER of 3/9/00 by Hon. James B. Zagel : Defendant's motion to stay discovery pending ruling on summary judgment is granted. [14-1] No notice (hp) (Entered: 03/20/2000)

March 9, 2000

March 9, 2000

17

MINUTE ORDER of 3/9/00 by Hon. James B. Zagel : Filed defendant's motion for summary judgment. [12-1] Answer brief to motion due 06/07/00. Reply to answer brief due 06/21/00. Status hearing set for 07/12/00 at 10:00 a.m. Mailed notice (hp) (Entered: 03/20/2000)

March 9, 2000

March 9, 2000

18

AGREED MOTION by defendant to reopen discovery for the limited purpose of deposing Traver's Treating Physician and to amend the briefing schedule ; Notice. (srb) (Entered: 06/08/2000)

May 19, 2000

May 19, 2000

SCHEDULE set on 5/25/00 by Hon. James B. Zagel : Status hearing reset to 10:00 9/13/00 . No notice (drw) (Entered: 06/07/2000)

May 25, 2000

May 25, 2000

19

MINUTE ORDER of 5/25/00 by Hon. James B. Zagel: Agreed motion to reopen discovery for the limited purpose of deposing Traver's Treating Physician [18-1] and to amend the briefing schedule is granted [18-2]. Response to motion for summary judgment [12-1] due 7/24/00. Reply due 8/14/00. Status set for 7/12/00 is stricken. Status reset for 9/13/00 at 10:00 a.m. Mailed notice. (srb) (Entered: 06/08/2000)

May 25, 2000

May 25, 2000

20

RESPONSE by plaintiff to defendant's motion for summary judgment [12-1]; Notice. (srb) (Entered: 07/27/2000)

July 24, 2000

July 24, 2000

21

RESPONSE by plaintiff to defendant's statement of undisputed facts. (srb) (Entered: 07/27/2000)

July 24, 2000

July 24, 2000

22

STATEMENT by plaintiff of additional undisputed facts (Attachments). (srb) (Entered: 07/27/2000)

July 24, 2000

July 24, 2000

23

REPLY brief by defendant in support of its motion for summary judgment [12-1]. (kef) (Entered: 08/16/2000)

Aug. 14, 2000

Aug. 14, 2000

24

ADDITIONAL UNDISPUTED FACTS by defendant (Attachment). (kef) (Entered: 08/22/2000)

Aug. 14, 2000

Aug. 14, 2000

25

RESPONSE by defendant to plaintiff's statement of undisputed facts [22-1] (Attachments). (kef) (Entered: 08/30/2000)

Aug. 14, 2000

Aug. 14, 2000

26

MINUTE ORDER of 9/6/00 by Hon. James B. Zagel: Wal-Mart's motion for summary judgment is denied [12-1]. (See reverse of minute order.) Mailed notice (kef) (Entered: 09/15/2000)

Sept. 6, 2000

Sept. 6, 2000

SCHEDULE set on 9/13/00 by Hon. James B. Zagel : Status hearing reset to 10:00 10/16/00 . Mailed notice (drw) (Entered: 09/13/2000)

Sept. 13, 2000

Sept. 13, 2000

SCHEDULE set on 10/16/00 by Hon. James B. Zagel : Status hearing held and continued to 10:00 12/13/00 . Discovery ordered closed on 5:00 2/7/01 . Stay on discovery lifted. Telephone notice (drw) (Entered: 10/16/2000)

Oct. 16, 2000

Oct. 16, 2000

27

FIRST MOTION by plaintiff to compel defendant to produce documents and information requested by plaintiff (Attachments); Notice. (kef) (Entered: 01/31/2001)

Jan. 25, 2001

Jan. 25, 2001

28

MINUTE ORDER of 1/30/01 by Hon. James B. Zagel: Answer brief to plaintiff's motion to compel [27-1] due 2/13/01. Reply to answer brief due 2/20/01. Mailed notice (kef) Modified on 01/31/2001 (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

SCHEDULE set on 1/30/01 by Hon. James B. Zagel : Status hearing held and continued to 10:00 3/20/01 . Discovery ordered closed on 5:00 3/23/01 . No notice (drw) (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

29

RESPONSE by defendant to plaintiff's motion to compel discovery [27-1] (Attachments). (kef) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

30

REPLY memorandum by plaintiff in support of first motion to compel [27-1] (Attachments); Notice. (kef) (Entered: 02/20/2001)

Feb. 16, 2001

Feb. 16, 2001

31

MINUTE ORDER of 2/23/01 by Hon. James B. Zagel: Plaintiff's motion to compel is granted, with conditions [27-1]. (See reverse of minute order.) Mailed notice (kef) (Entered: 02/27/2001)

Feb. 23, 2001

Feb. 23, 2001

SCHEDULE set on 3/20/01 by Hon. James B. Zagel : Status hearing held and continued to 10:00 4/17/01 . No notice (drw) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

SCHEDULE set on 4/17/01 by Hon. James B. Zagel : Status hearing held and continued to 10:00 8/8/01 . Pretrial order to be submitted on 5:00 10/22/01 . Pretrial conference set to 4:30 10/25/01 Jury trial set to 10:30 11/5/01 . In Court notice (drw) (Entered: 04/17/2001)

April 17, 2001

April 17, 2001

32

MOTION by plaintiff to withdraw appearance of Mary Manzo and enter the appearances of Pamela Moore-Gibbs and Noelle Brennan ; Notice (yap) (Entered: 08/22/2001)

Aug. 3, 2001

Aug. 3, 2001

34

ATTORNEY APPEARANCE for plaintiff by Pamela Sue Moore-Gibbs, Noelle Christine Brennan (yap) (Entered: 08/22/2001)

Aug. 3, 2001

Aug. 3, 2001

SCHEDULE set on 8/8/01 by Hon. James B. Zagel : Status hearing held. No notice (drw) (Entered: 08/17/2001)

Aug. 8, 2001

Aug. 8, 2001

33

MINUTE ORDER of 8/9/01 by Hon. James B. Zagel: Plaintiff's motion to withdraw appearance of Mary Manzo [32-1] and enter the appearances of Pamela Moore-Gibbs and Noelle Brennan [32-2] is granted. The appearance of Mary Manzo is withdrawn and substituted with Pamela Moore-Gibbs and Noelle Brennan. Mailed notice (yap) (Entered: 08/22/2001)

Aug. 9, 2001

Aug. 9, 2001

35

EMERGENCY AGREED MOTION by plaintiff for trial continuance ; Notice. (fce) (Entered: 10/23/2001)

Oct. 17, 2001

Oct. 17, 2001

36

MINUTE ORDER of 10/17/01 by Hon. James B. Zagel: Plaintiff's emergency agreed motion to continue trial date [35-1] is granted. Trial set for 11/05/01 is stricken. Jury trial re-set for 1/7/02 at 10:30 a.m. Mailed notice. (fce) (Entered: 10/23/2001)

Oct. 17, 2001

Oct. 17, 2001

SCHEDULE set on 10/25/01 by Hon. James B. Zagel : Pretrial conference stricken. No notice (drw) (Entered: 10/29/2001)

Oct. 25, 2001

Oct. 25, 2001

SCHEDULE set on 12/19/01 by Hon. James B. Zagel : Jury trial 1/7/02 is reset to 10:30 1/8/02 . Mailed notice (drw) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

37

MOTION by plaintiff for entry of consent decree ; Notice (ar) (Entered: 12/28/2001)

Dec. 21, 2001

Dec. 21, 2001

38

MINUTE ORDER of 12/27/01 by Hon. James B. Zagel : Plaintiff's motion for entry of consent decree, granted [37-1]. Enter consent decree in favor of plaintiff and against defendant. Trial set for 01/08/02 is stricken. (Entered Consent Decree (Attachment)). Terminating case . Mailed notice (ar) Modified on 12/28/2001 (Entered: 12/28/2001)

Dec. 27, 2001

Dec. 27, 2001

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Nov. 3, 1998

Closing Date: Dec. 27, 2001

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., Private Entity/Person

Case Details

Causes of Action:

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

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: 277287.57

Order Duration: 2001 - 2003

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitor/Master

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits