Case: EEOC v. DILLARD'S, INC.

EEOC v. Dillard's, Inc.

EEOC v. Dillard's, Inc.

EEOC v. Dillard's, Inc.

EEOC v. Dillard's, Inc.

EEOC v. Dillard's, Inc.

EEOC v. Dillard's, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (jury trial demanded) [..Title VII of the Civil Rights Act of 1965 ("Title VII"), as amended, 42 USC 2000e et seq., to correct unlawful employment practices based on retaliation for opposing employment practices made illegal by Title VII, and to make whole Mary E. Anderson, Black female, who was terminated for complaining about racial discrimination by her supervisor] (EHG) (Entered: 09/23/1999)

WAIVER OF SERVICE OF SUMMONS.. by defendant Dillard's, Inc. ..signed by Frederick J. Lewis, attorney on 10/8/99 (EHG) (Entered: 10/13/1999)

WAIVER OF SERVICE OF SUMMONS by defendant Dillard's, Inc. ..signed by Frederick J. Lewis, attorney, 10/8/99 (EHG) (Entered: 10/20/1999)

ANSWER and Affirmative Defenses by defendant Dillard's, Inc. to [1-1] (BAG) (Entered: 11/24/1999)

SETTING LETTER ; scheduling conference set for 9:00 1/18/00 (BAG) (Entered: 12/13/1999)

Report of Parties' RULE 26(f) Planning Meeting by EEOC, Dillard's, Inc. (BAG) (Entered: 01/18/2000)

SCHEDULING ORDER 16(b) Judge Bernice B. Donald; following dates established as final dates for: deadline for joining parties set for 3/15/00; deadline for amending pleadings set for 3/15/00; discovery deadline set for 7/19/00; motion filing deadline set for 8/18/00; Joint pretrial order to be entered on 10/16/00; jury trial set for 11/28/00; pretrial conference set for 10/26/00; ... scheduling dates set by this will not be modified or extended; (cc: all counsel) (BAG) (Entered: 01/19/2000)

MINUTES: scheduling conference held 1/18/00; No jurisdictional challenges; No agreement on referral to Mag Judge for trial; Some settlement discussions held; Scheduling Order submitted; Jury trial set 11/28/00, est. 2-3 days; Pretrial Conf. set 10/26/00; Presiding Judge: Bernice B. Donald; PLA Atty: Faye Williams; DFT Atty: Nicole Walthour; C/R: None present; (BAG) (Entered: 01/25/2000)

RETURN OF SERVICE (subpoena) executed upon defendant (Marcus Bryant) Dillard's, Inc. on 3/3/00 (BAG) (Entered: 03/06/2000)

RETURN OF SERVICE (subpoena) executed upon defendant (Dorothy Holt) Dillard's, Inc. on 3/3/00 (BAG) (Entered: 03/06/2000)

RETURN OF SERVICE (subpeona) executed upon defendant (Chris Warner) Dillard's, Inc. on 3/3/00 (BAG) (Entered: 03/06/2000)

RETURN OF SERVICE (subpoena) executed upon defendant (Reggie Clements) Dillard's, Inc. on 3/2/00 (BAG) (Entered: 03/06/2000)

RETURN OF SERVICE (subpoena) executed upon defendant (Shirley Conrad) Dillard's, Inc. on 3/2/00 (BAG) (Entered: 03/06/2000)

RETURN OF SERVICE (subpoena) executed upon Clyde Brown c/o Sheriff's Dept. on 3/3/00 (BAG) (Entered: 03/08/2000)

RETURN OF SERVICE (subpoena) executed upon Monica Monger on 3/6/00 (BAG) (Entered: 03/08/2000)

RETURN OF SERVICE (subpoena) executed upon Virginia Modlin on 3/6/00 (BAG) (Entered: 03/08/2000)

SETTING LETTER: jury trial set for 11/28/00 at 9:30: pretrial conference set for 10/26/00 at 2:00: pretrial order deadline set for 10/16/00; (BAG) (Entered: 03/08/2000)

Notice by Clerk: case reassigned to Judge Gibbons for purpose of handling motions filed while matter pending and conducting hearings as required; Pleadings filed should include case number as cited above (TU-G) (cc: all counsel) (BAG) (Entered: 03/09/2000)

RETURN OF SERVICE (subpoena/deposition) executed upon Officer Godfrey Howard on 3/9/00 (BAG) (Entered: 03/13/2000)

ORDER by Mag Judge J. D. Breen; The depositions scheduled for 3/13/00, through 3/15/00, are continued to 4/5/00, through 4/7/00; Upon oral motion of pla, all subpoenas issued for witnesses shall remain in effect and witnesses shall appear for depositions at same time as previously ordered on following dates: (4/5/00) Clyde Brown- 8:30, Godfrey Howard- 9:30, Shirley Conrad- 10:30, Monica Monger -1:00pm, Dorothy Holt- 2:00pm & Marcus Bryant- 3:00pm; (4/6/00) Virginia Modlin- 9:00, Reggie Clements- 2:00pm; (4/7/00) Chris Warner- 9:00am; (cc: all counsel) (BAG) (Entered: 03/14/2000)

MOTION by plaintiff EEOC for protective order (seeking an order from the Court directing that dft's proposed FRCP 30 (b)(6) deposition of EEOC "not be had") (BAG) (Entered: 03/30/2000)

MEMORANDUM by plaintiff EEOC in support of motion for protective order [21-1]; w/exhibits (BAG) (Entered: 03/30/2000)

CERTIFICATE of Consultation by plaintiff EEOC re [21-1] (BAG) (Entered: 03/30/2000)

ORDER Of Reference by Chief Judge Julia S. Gibbons referring to Mag Judge J. D. Breen the motion for protective order [21-1]; Any exceptions to mag judge's order shall be made by motion w/in 10 days after being served with a copy of the order setting forth portions excepted to and reasons for exceptions; (cc: all counsel) (BAG) (Entered: 04/03/2000)

MOTION by plaintiff EEOC for leave to modify subpoena (issued by dft for Mary Anderson's deposition...) (BAG) (Entered: 04/03/2000)

MEMORANDUM by plaintiff EEOC in support of motion for leave to modify subpoena [26-1]; w/attachments (BAG) (Entered: 04/03/2000)

CERTIFICATE Of Consultation by plaintiff EEOC re [26-1] (BAG) (Entered: 04/03/2000)

ORDER Staying Deposition Of Plaintiff's Rule 30(b)(6) Representative by Mag Judge J. D. Breen granting motion for protective order (seeking an order from the Court directing that dft's proposed FRCP 30 (b)(6) deposition of EEOC "not be had") [21-1]; ... the court will stay the Rule 30(b)(6) deposition pending the response filed by Dillard's; If dft submits a response in a shorter period of time than allowed by the Local Rules, then the court will proceed to issue a ruling on this motion; ... the Rule 30(b)(6) deposition sought by the dft is stayed until resolution of pending motion before the court; All other depositions that dft has noticed or sought may proceed in accordance with agreement of counsel or notices, whichever applies; (cc: all counsel) (BAG) (Entered: 04/03/2000)

MOTION by plaintiff EEOC to compel (for an order compelling dft to provide full and complete responses to pla's First set of Interrogatories...) (BAG) (Entered: 04/03/2000)

MEMORANDUM by plaintiff EEOC in support of motion to compel [30-1]; (w/exhibits) (BAG) (Entered: 04/03/2000)

CERTIFICATE of Consultation by plaintiff EEOC re [30-1] (BAG) (Entered: 04/03/2000)

ORDER Of Reference by Chief Judge Julia S. Gibbons referring to Mag Judge J. D. Breen the motion to compel [30-1]; Any exceptions to mag judge's order shall be made by motion w/in 10 days after being served with a copy of the order setting forth portions excepted to and reasons for exceptions; (cc: all counsel) (BAG) (Entered: 04/04/2000)

ORDER Of Reference by Chief Judge Julia S. Gibbons referring to Mag Judge J. D. Breen the motion for leave to modify subpoena [26-1]; Any exceptions to mag judge's order shall be made by motion w/in 10 days after being served with a copy of the order setting forth portions excepted to and reasons for exceptions; (cc: all counsel) (BAG) (Entered: 04/05/2000)

SETTING LETTER: jury trial set for 11/27/00 at 9:30: pretrial conference set for 11/17/00 at 9:00: pretrial order deadline set for 11/13/00, before Judge Gibbons (resetting) (BAG) (Entered: 04/18/2000)

OBJECTIONS by defendant Dillard's, Inc. to plaintiff's motion to modify subpoena [26-1] (BAG) (Entered: 04/18/2000)

DECLARATION of Frederick J. Lewis by defendant Dillard's, Inc. in support of defendant's objections to plaintiff's motion to modify subpoena re [37-1] (BAG) (Entered: 04/18/2000)

DECLARATION of Nicole Marie Walthour by defendant Dillard's, Inc. in support of defendant's objections to plaintiff's motion to modify subpoena re [37-1]; w/attachments; (document placed in separate folder) (BAG) (Entered: 04/18/2000)

ORDER Granting Plaintiff's Motion To Modify Subpoena by Mag Judge J. D. Breen granting motion for leave to modify subpoena (issued by dft for Mary Anderson's deposition...) [26-1]; (cc: all counsel) (BAG) (Entered: 04/21/2000)

MOTION by defendant Dillard's, Inc. to enlargement of time (for add'l time w/in which to respond to motion to compel) (BAG) (Entered: 04/24/2000)

MEMORANDUM by defendant Dillard's, Inc. in support of motion to enlargement of time [41-1]; (BAG) (Entered: 04/24/2000)

CERTIFICATE of Consultation by defendant Dillard's, Inc. re [41-1] (BAG) (Entered: 04/24/2000)

ORDER Granting Defendant's Motion For Enlargement Of Time by Mag Judge J. D. Breen granting motion for enlargement of time (for add'l time w/in which to respond motion to compel- until 4/26/00) [41-1]; (cc: all counsel) (BAG) (Entered: 04/26/2000)

RESPONSE/OPPOSITION by defendant Dillard's, Inc. to pla's motion to compel [30-1]; w/exhibits; (BAG) (Entered: 04/27/2000)

ORDER On Plaintiff's Motion For Protective Order by Mag Judge J. D. Breen granting motion for protective order [21-1]; Upon review of pleadings, the court is in agreement with both parties that the deposition of EEOC's atty is not warranted or necessary; To that extent, pla's motion for protective order is granted; Dillards is not precluded from inquiry into pla's contention; EEOC may designate a person other than counsel who may be prepared to answer on its behalf...; Pla's request for atty's fees and expenses in connection with the filing of this motion is denied; (cc: all counsel) (BAG) (Entered: 05/01/2000)

REQUEST by defendant Dillard's, Inc. for oral argument on plaintiff's motion to compel; (BAG) (Entered: 05/03/2000)

SETTING LETTER: hearing on motion to compel set for 5/17/00 at 10:30, before Mag Judge Breen in room 914; (BAG) (Entered: 05/08/2000)

REQUEST for Court Reporter to cover motion hearing in room 914 at 10:30, before Mag Judge Breen; (BAG) (Entered: 05/08/2000)

ATTORNEY APPEARANCE for defendant Dillard's, Inc. by Thomas L. Henderson (BAG) (Entered: 05/11/2000)

MINUTES: Motion hearing held 5/17/00on motion to compel discovery re [30-1]; Request for production #3- dft will produce w/protective order- dft to prepare protective order; Requests #4,5,14,16- dft believes it has produced all available info; #5 to be supplemented to identify positions & last known work address; #16 info may be downloaded; #19 dft has produced all available info- same with #'s 22,23 & 28-30; Interrogatory #3 denied; Interrogatory #7, Req. 16,17 have been disposed of; Req. #4- dfts have provided; Req. #6 granted; req. #13 allowed as to discipline of 3 requested employees #14 has been produced as well as 16 & 17; #18 denied at this time; #20- response to be supplemented; Req. #27 denied w/o prejudice; #28,29-; Pla to submit afdt of costs w/in 7 days, dft to file response; Atty for pla will prepare order regarding today's matters; Presiding Judge: Breen; PLA Atty: Faye Williams; DFT Atty: T. Henderson/N. Walthour; C/R: Husak; (BAG) (Entered: 05/17/2000)

SETTING LETTER : Settlement Conference set for 9:30 5/25/00, Rm 914 (YDS) (Entered: 05/19/2000)

AFFIDAVIT of (Faye A. Williams) in support of Request for attorney fees; (BAG) (Entered: 05/26/2000)

MOTION by defendant Dillard's, Inc. for extension of time to respond to the Attorneys' Fee Affidavit filed by EEOC (until 6/16/00) (BAG) (Entered: 06/08/2000)

CERTIFICATE Of Consultation by defendant Dillard's, Inc. re [55-1] (BAG) (Entered: 06/08/2000)

ORDER Granting Defendant An Extension Of Time To Respond To The Attorneys' Fee Affidavit Filed By The EEOC by Mag Judge J. D. Breen granting motion for extension of time to respond to the Attorneys' Fee Affidavit filed by EEOC (until 6/16/00) [55-1] (cc: all counsel) (BAG) (Entered: 06/08/2000)

Notice by Clerk Case reassigned to Chief Judge Julia S. Gibbons (cc: all counsel) (BAG) (Entered: 06/09/2000)

RESPONSE to plaintiff's affidavit for Attorney's Fees by defendant Dillard's, Inc. to [54-1] (BAG) (Entered: 06/19/2000)

ORDER Denying EEOC's Motion For Sanctions by Mag Judge J. D. Breen; It is ORDERED that the request for sanctions is DENIED; Each party shall bear the costs and fees that it incurred in connection with above reference motion to compel; (cc: all counsel) (BAG) (Entered: 06/21/2000)

RETURN OF SERVICE (subpoena) executed upon Godfrey Howard on 7/5/00; (BAG) (Entered: 07/06/2000)

RETURN OF SERVICE (subpoena) executed upon Chris Warner on 7/6/00 (BAG) (Entered: 07/07/2000)

RETURN OF SERVICE (subpoena) executed upon Clyde Brown on 7/5/00 (BAG) (Entered: 07/07/2000)

RETURN OF SERVICE (Subpoena) executed upon Marcus Bryant on 7/6/00 (BAG) (Entered: 07/10/2000)

ORDER by Mag Judge J. D. Breen; Upon consideration of the motion to compel re [30-1], parties have reached an agreement on following issues: Request for production No. 3: Dft shall produce personnel file of Virginia Modlin and parties shall file appropriate protective order regarding same; Dft will supplement response to Document Request No. 5: by identifying positions held by managers ... and will provide last knoen business address for each person; Dft shall provide response to Document Request No. 20 in written form; The Court denies motion as to Interrogatory No. 3, Request for Production Nos. 18 and 27; Dft has no add'l documents in its possession... that are responsive to Request for Production Nos. 4,19,22 & 23; With regard to request Nos. 16 & 17 and Interrogatory No. 7, EEOC will download from Internet information pertaining to dft's financial condition; Motion is denied as to these requests; Request for Production No. 6: Dft shall produce documents pertaining to Ms. Modlin from 1996 to present; No. 13: dft shall produce any discipline of Ray Self, Brian Rignery and Doug Humphries; Dft shall comply with the order w/in 7 days of date of entry; (cc: all counsel) (BAG) (Entered: 07/12/2000)

RETURN OF SERVICE executed upon Virginia Modlin on 7/6/00 (BAG) (Entered: 07/12/2000)

MOTION by defendant Dillard's, Inc. to continue trial date (for a period of 75 days) (BAG) (Entered: 07/13/2000)

MEMORANDUM by defendant Dillard's, Inc. in support of motion to continue trial date [68-1] (BAG) (Entered: 07/13/2000)

CERTIFICATE of Consultation by defendant Dillard's, Inc. re [68-1] (BAG) (Entered: 07/13/2000)

DECLARATION Of Reggie Clement by defendant Dillard's, Inc. re [68-1] (BAG) (Entered: 07/13/2000)

MOTION by plaintiff EEOC for reconsideration of Magistrate Judge's July 11, 2000 Order on Plaintiff's Motion to Compel (BAG) (Entered: 07/17/2000)

MEMORANDUM by plaintiff EEOC in support of motion for reconsideration of Magistrate Judge's July 11, 2000 Order on Plaintiff's Motion to Compel [72-1]; w/exhibits (BAG) (Entered: 07/17/2000)

MOTION by plaintiff EEOC for leave to modify scheduling order (BAG) (Entered: 07/17/2000)

CONSENT PROTECTIVE ORDER by Chief Judge Julia S. Gibbons: It is agreed by parties that this Protective Order shall apply to information and documents produced by pla or dft (producing party), as follows: All information and documents disclosed, produced or furnished by or on behalf of a producing party voluntarily, or pursuant to Court order, that are designated "CONFIDENTIAL" shall be used by receiving party solely in connection woth pre-trial proceedings...; With regard to information that was produced before entry of this Consent Protective Order, producing parties shall have 15 days from date of entry of this Order to designate in writing such information as "CONFIDENTIAL"; Each receiving party and counsel shall treat said information and documents as confidential; ... party seeking to use such confidential information or documents shall give the other party 10 working days' notice so that it may petition the Court for the information to be placed under seal; This Order shall not preclude a receiving party from presenting to the Court for determination the issue of whether any information or documents designed "CONFIDENTIAL" by producing party should in fact be considered confidential; (cc: all counsel) (BAG) (Entered: 07/25/2000)

MOTION by defendant Dillard's, Inc. for extension of time to respond to the EEOC's motion for reconsideration of July 11, 2000 Magistrate Judge Order (requesting one week from 8/1/00) (BAG) (Entered: 08/03/2000)

CERTIFICATE of Consultation by defendant Dillard's, Inc. re [77-1] (BAG) (Entered: 08/03/2000)

RESPONSE by defendant Dillard's, Inc. to plaintiff's motion for leave to modify scheduling order [74-1] (BAG) (Entered: 08/03/2000)

ORDER Granting Defendant's Unopposed Motion For Enlargement Of Time To Respond To Plaintiff's Motion For Reconsideration by Chief Judge Julia S. Gibbons granting motion for extension of time to respond to the EEOC's motion for reconsideration of July 11, 2000 Magistrate Judge Order [77-1]; It is ORDERED that dft's motion is granted; The ddl for dft to respond to pla's motion for reconsideration is 8/8/00; (cc: all counsel) (BAG) (Entered: 08/03/2000)

ORDER Continuing Trial Date by Chief Judge Julia S. Gibbons granting motion to continue trial date (for a period of 75 days) [68-1] jury trial set 9:30 2/26/01 (cc: all counsel) (BAG) (Entered: 08/03/2000)

ORDER by Chief Judge Julia S. Gibbons granting motion for leave to modify scheduling order [74-1] discovery ddl set 10/1/00; motion filing ddl set 10/31/00 (cc: all counsel) (BAG) (Entered: 08/03/2000)

RESPONSE by defendant Dillard's, Inc. to motion for reconsideration of Magistrate Judge's July 11, 2000 Order on Plaintiff's Motion to Compel [72-1]; (document placed in a separate folder) (BAG) (Entered: 08/09/2000)

SETTING LETTER: jury trial set for 2/26/01 at 9:30: pretrial conference set for 2/16/01 at 2:15: pretrial order deadline set for 2/9/01; (resetting from 11/27/00) (BAG) (Entered: 08/10/2000)

MOTION by plaintiff EEOC for reconsideration of Magistrate Judge's September 27, 2000 Oral Ruling , and motion to compel (witness Beverly O'Conner to answer certain questions...) (BAG) (Entered: 10/02/2000)

MEMORANDUM by plaintiff EEOC in support of motion for reconsideration of Magistrate Judge's September 27, 2000 Oral Ruling [86-1], of motion motion to compel [86-2] (BAG) (Entered: 10/02/2000)

CERTIFICATE of Consultation by plaintiff EEOC re [86-1], [86-2] (BAG) (Entered: 10/02/2000)

RESPONSE by defendant Dillard's, Inc. to pla's motion for reconsideration of Magistrate Judge's September 27, 2000 Oral Ruling and Motion to Compel [86-1] (BAG) (Entered: 10/17/2000)

ORDER Affirming Magistrate Judge's September 27, 2000, Oral Ruling by Chief Judge Julia S. Gibbons denying pla's motion for reconsideration of Magistrate Judge's September 27, 2000 Oral Ruling [86-1]; The Mag Judge's ruling is not clearly erroneous or contrary to law and it is affirmed; (cc: all counsel) (BAG) (Entered: 10/24/2000)

ORDER Affirming Magistrate Judge's Oral Rulings Of May 17, 2000, And July 11, 2000, ORDERS by Chief Judge Julia S. Gibbons denying motion for reconsideration of Magistrate Judge's July 11, 2000 Order on Plaintiff's Motion to Compel [72-1]; Pla's motion is untimely since it was not filed w/in 10 days of the ruling which it seeks review or w/in extention of time granted for filing objections; Even if timely, Mag Judge's rulings addressed in the motion are not clearly erroneous or contrary to law; The Mag Judge's 5/17 rulings and 7/11 order are affirmed; (cc: all counsel) (BAG) (Entered: 10/24/2000)

MOTION by defendant Dillard's, Inc. for summary judgment (BAG) (Entered: 11/01/2000)

MEMORANDUM by defendant Dillard's, Inc. in support of motion for summary judgment [92-1]; (document placed in separate folder) (BAG) (Entered: 11/01/2000)

MOTION by plaintiff EEOC for leave to exceed the twenty page limit in its response to defendant's motion for summary judgment (BAG) (Entered: 12/04/2000)

MEMORANDUM by plaintiff EEOC in support of motion for leave to exceed the twenty page limit in its response to defendant's motion for summary judgment [94-1] (BAG) (Entered: 12/04/2000)

CERTIFICATE of Consultation by plaintiff EEOC re [94-1] (BAG) (Entered: 12/04/2000)

ORDER by Chief Judge Julia S. Gibbons granting motion for leave to exceed the twenty page limit in its response to defendant's motion for summary judgment [94-1]; Pla allowed an add'l five pages for a total of 25 pages; (cc: all counsel) (BAG) (Entered: 12/04/2000)

ORDER Denying Defendant's Motion For Summary Judgment by Judge Julia S. Gibbons denying motion for summary judgment [92-1]; The EEOC has established all of the elements necessary for a "prima facie" case of retaliation; ... differential treatment of Anderson and other similarly situated employees at least allows for an inference that Anderson's conduct was insufficient to judtify her termination; When the record is considered in its entirety, w/all inferences drawn in favor of EEOC and Anderson, a reasonable jury could reject Dillards' explanation for its decision to terminate Anderson as mere pretext; Dillard's motion for summary judgment is denied; (cc: all counsel) (BAG) (Entered: 02/05/2001)

PROPOSED Pre-Trial Order submitted by plaintiff EEOC (BAG) (Entered: 02/12/2001)

MOTION by plaintiff EEOC in limine to exclude after-acquired evidence of prior employment records (BAG) (Entered: 02/13/2001)

MEMORANDUM by plaintiff EEOC in support of motion in limine to exclude after-acquired evidence of prior employment records [101-1] (BAG) (Entered: 02/13/2001)

MOTION by plaintiff EEOC in limine to exclude Mary Anderson's Personnel Records from Youth Village (BAG) (Entered: 02/13/2001)

MEMORANDUM by plaintiff EEOC in support of motion in limine to exclude Mary Anderson's Personnel Records from Youth Village [103-1] (BAG) (Entered: 02/13/2001)

MOTION by plaintiff EEOC in limine to exclude Mary Anderson's Personnel Records from Memphis City Schools (BAG) (Entered: 02/13/2001)

MEMORANDUM by plaintiff EEOC in support of motion in limine to exclude Mary Anderson's Personnel Records from Memphis City Schools [105-1] (BAG) (Entered: 02/13/2001)

MINUTES: ; Pretrial conference held 2/16/01 . Jury trial set on 2/26/01; est trial length 3 days; amended joint pto to be submitted. Trial remains set. Presiding Judge: Gibbons PLA Atty: Deidre Smith, Faye Williams DFT Atty: Tom Henderson (EHG) (Entered: 02/22/2001)