Case: EEOC v. Wal-Mart Stores, Inc.

EEOC v. Wal-mart Stores, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (ONE summons issued and returned to plf's counsel for service) (RBB) (Chrisman, Jamie). (Entered: 08/24/2001)

RETURN OF SERVICE executed upon dft Wal-Mart Stores Inc on 8/31/01 by cert mail to CSC-Lawyers Inc Svc Co; signed by Linda A. Smith (NHS) (Chrisman, Jamie). (Entered: 09/20/2001)

ANSWER by dft Wal-Mart Stores Inc to COMPLAINT [1-1] (RBB) (Chrisman, Jamie). (Entered: 09/20/2001)

ORDER FOR MEETING AND REPORT by Judge Jennifer B. Coffman counsel to conduct meeting by 10/20/01; exchange discl FILE written JOINT REPORT by 10/31/01; (cc: all counsel) [EOD Date: 9/20/01] (RBB) (Chrisman, Jamie). (Entered: 09/20/2001)

ATTORNEY APPEARANCE for plaintiff EEOC by Jo Ann Farnsworth (RBB) (Chrisman, Jamie). (Entered: 10/03/2001)

REPORT OF PARTIES PLANNING MEETING by plaintiff, defendant (RBB) (Chrisman, Jamie). (Entered: 11/14/2001)

SUBMITTED: REPORT OF PARTIES PLANNING MEETING [6-1] is submitted (RBB)

ORDER by Judge Jennifer B. Coffman Case reassigned to Judge Karen K. Caldwell (cc: all counsel) [EOD Date: 11/19/01] (SKV) (Chrisman, Jamie). (Entered: 11/19/2001)

INITIAL DISCLOSURES by dft Wal-Mart Stores Inc (RBB) (Chrisman, Jamie). (Entered: 11/21/2001)

MOTION by plf EEOC to withdraw attorney Jo Ann Farnsworth as co-counsel of record (RBB) Modified on 12/17/2001 (Additional attachment(s) added on 3/12/2008: # 1 Main Document) (Chrisman, Jamie). (Entered: 12/17/2001)

SUBMITTED re motion to withdraw attorney Jo Ann Farnsworth as co-counsel of record [9-1] is submitted (RBB)

ORDER by Judge Karen K. Caldwell granting motion to withdraw attorney Jo Ann Farnsworth as co-counsel of record [9-1] (cc: all counsel) [EOD Date: 12/21/01] (RBB) (Chrisman, Jamie). (Entered: 12/21/2001)

SCHEDULING ORDER by Judge Karen K. Caldwell: 1) PLF mtn filing ddl 4/30/02; DFT mtn filing ddl 5/30/02;2) PLF's EXPERTS 6/30/02; DFT'S EXPERTS 8/15/02; 3) discovery ddl 12/1/02; 4) dispositive mtn ddl 1/30/03 ; 5) ALL DISCOVERY DISPUTES REFERRED to Mag Judge J. B. Johnson Jr. ; 6) no mtn to compel or any other mtn re disc dispute filed unless al counsel have first conferred; 7) FPTC set 5/8/03 at 10:00 a.m. in LONDON; 8) JURY TRIAL set 6/16/03 at 9:30 a.m. in LONDON ; length of trial 5 days; 9) pts observe directives re filing disc material; REFERRED to Mag Johnson to conduct tele conf mid way thru disc and stlmt conf w/i 30 days after disc of expert wit rpt; separate order will issue from Mag Judge (cc: all counsel) [EOD Date: 2/13/02] (NHS) (Chrisman, Jamie). (Entered: 02/13/2002)

ORDER by Judge Karen K. Caldwell: 1) PT filings due 5/1/03 ; 5/1/03 file: wit/exh list, proposed jury instr; tn of all evidentiary depos to be used at trial; 5/8/03 FILE: written obj to wit/exh; mtns in limine; display to court all exh to be used at trial; mtns on any obj made in any evidentiary depo (cc: all counsel) [EOD Date: 2/13/02] (NHS) (Chrisman, Jamie). (Entered: 02/13/2002)

ORDER by Mag Judge J. B. Johnson Jr.: TELE CONF set 7/22/02 at 10:30 a.m. ; stlmt conf will be scheduled during call (cc: all counsel) [EOD Date: 2/14/02] (NHS) (Chrisman, Jamie). (Entered: 02/14/2002)

MOTION by plf EEOC for protective order compelling dft to depose Janice Smith in Boston, MA before Mag Judge J. B. Johnson Jr. (RBB) (Chrisman, Jamie). (Entered: 03/01/2002)

MEMORANDUM by EEOC in support of motion for protective order compelling dft to depose Janice Smith in Boston, MA before Mag Judge J. B. Johnson Jr. [14-1] (RBB) (Chrisman, Jamie). (Entered: 03/01/2002)

JOINT MOTION by plf/dft EEOC, Wal-Mart Stores Inc for expedited briefing schedule and ruling on plf's mt for PTO before Mag Judge J. B. Johnson Jr. (RBB) (Chrisman, Jamie). (Entered: 03/01/2002)

ORDER ESTABLISHING AN EXPEDITED BRIEFING SCHEDULE ON PLF'S MT FOR PROTECTIVE ORDER: by Mag Judge J. B. Johnson Jr. 1) plf shall file its mt for protective order by 2/25/02; 2) dft shall file response by 3/5/02; 3) plf shall file reply by 3/8/02; court shall render an opinion by 3/13/02 (cc: all counsel) [EOD Date: 3/1/02] (RBB) (Chrisman, Jamie). (Entered: 03/01/2002)

SUBMITTED re joint motion for expedited briefing schedule and ruling on plf's mt for PTO before Mag Judge J. B. Johnson Jr. [16-1] is submitted (RBB)

RESPONSE by dft Wal-Mart Stores Inc to plf's motion for protective order compelling dft to depose Janice Smith in Boston, MA before Mag Judge J. B. Johnson Jr. [14-1] (RBB) (Additional attachment(s) added on 3/12/2008: # 1 Ex 1 Lexington Ins v. Commonwealth Ins, # 2 Ex 2 Rolex Employees Retirement v. Mentor Graphics) (Chrisman, Jamie). (Entered: 03/05/2002)

REPLY by plf EEOC to dft's response to motion for protective order compelling dft to depose Janice Smith in Boston, MA before Mag Judge J. B. Johnson Jr. [14-1] (RBB) (Additional attachment(s) added on 3/12/2008: # 1 Ex A Janice Smith Affidavit) (Chrisman, Jamie). (Entered: 03/11/2002)

SUBMITTED re motion for protective order compelling dft to depose Janice Smith in Boston, MA before Mag Judge J. B. Johnson Jr. [14-1] is submitted (RBB)

MEMORANDUM, OPINION, AND ORDER: by Mag Judge J. B. Johnson Jr.: ORDERED a) plf's mt for a protective order [14-1] is GRANTED; b) deposition of Janice Smith by dft Wal-Mart shall be limited to Boston area, at a mutually agreed time and place (cc: all counsel, via fax and US Mail) [EOD Date: 3/13/02] (RBB) (Chrisman, Jamie). (Entered: 03/13/2002)

JOINT MOTION by plf EEOC, dft Wal-Mart Stores Inc for status conference (NHS) (Chrisman, Jamie). (Entered: 05/03/2002)

SUBMITTED re joint mtn for status conference [21-1] is submitted (NHS)

ORDER by Judge Karen K. Caldwell: 1) w/i 30 days of date of order pts meet to discuss new PT ddls & file suppl Rule 26(f) rpt; 2) if pts cannot reach agreement on new PT ddls, or other issues need to be brought to court; pts may file mtn for PPTC (cc: all counsel) [EOD Date: 5/21/02] (NHS) (Chrisman, Jamie). (Entered: 05/21/2002)

JOINT SUPPLEMENTAL STATUS REPORT by plaintiff EEOC, and Wal-Mart Stores Inc (MRS) (Chrisman, Jamie). (Entered: 06/20/2002)

ORDER by Mag Judge J. B. Johnson Jr. : Telephonic conf call scheduled for 7/22/02 CANCELLED, same to be reassigned subsequent to entry of Supplemental Sched Order by KKC (cc: all counsel) [EOD Date: 7/16/02] (EHM) (Chrisman, Jamie). (Entered: 07/16/2002)

ORDER by Judge Karen K. Caldwell : 1) All deadlines previously sched SET ASIDE; 2) Rule 26(a)(2) reports from experts (i) plff, 3/1/03, (ii) deft, 4/15/03; (b) All disc to be completed by 9/1/03; discovery ddl 9/1/03; (c) dispositive motion ddl 10/31/03 w/response & reply time as per LR 7.1(c)(1) ; 2) As previously order, all discovery disputes referred to JBJ; Case referred to Mag Judge J. B. Johnson Jr. ; 3) Final pretrial conference set for 1:00 2/5/04; 4) jury trial set for 9:30 3/15/04 ; ANTICIPATED LENGTH 3 DAYS; 5) Separate Order scheduling dates & times certain will issue from JBJ (cc: all counsel) [EOD Date: 7/16/02] (EHM) (Chrisman, Jamie). (Entered: 07/16/2002)

ORDER by Mag Judge J. B. Johnson Jr.: ORDERED: TELEPHONIC CONFERENCE scheduled for MARCH 10, 2003 @ 9:30 A.M.; settlement conf will be scheduled (cc: all counsel) [EOD Date: 7/17/02] (RBB) (Chrisman, Jamie). (Entered: 07/17/2002)

AGREED PROTECTIVE ORDER by Judge Karen K. Caldwell: stating that in the event that designated material(s) is included w/ or the contents thereof are in any way disclosed, in any pleading, mt or other paper filed w/ Clerk of this Court, such designated material shall be kept under seal by the Clerk until further order of the Court; any use of any designated material and any testimony assocated w/ same shall be held in camera unless court orders otherwise upon good cause show : (cc: all counsel) [EOD Date: 10/17/02] (RBB) (Chrisman, Jamie). (Entered: 10/17/2002)

SECOND SUPPLEMENTAL REPORT re: pretrial deadlines by plaintiff EEOC (SD) (Chrisman, Jamie). (Entered: 02/20/2003)

ORDER by Mag Judge J. B. Johnson Jr. ORDERED that telephonic conference scheduled for March 10, 2003 is CANCELLED and will be reassigned upon entry of new scheduling order (cc: all counsel) [EOD Date: 3/3/03] (RBB) (Chrisman, Jamie). (Entered: 03/03/2003)

AMENDED SCHEDULING ORDER by Judge Karen K. Caldwell 1) all ddls previously scheduled ar SET ASIDE; 2) following ddls shall be observed: a) expert witnesses reports by plf 11/1/03; dft by 12/15/03; b) DISCOVERY DDL 3/1/04; c) DISPOSITIVE MT DDL 5/1/04; 2) DISCOVERY DISPUTES REFERRED TO MAG JUDGE J.B. JOHNSON, JR.; 3) FINAL PTC 9/2/04 @ 10:00 a.m.; 4)JURY TRIAL 10/4/04 @ 9:00 am. (3 days); 5) separate order scheduling dates will be issued from Mag Judge (cc: all counsel, JBJ) [EOD Date: 3/3/03] (RBB) (Chrisman, Jamie). (Entered: 03/03/2003)

AMENDED SCHEDULING ORDER: Signed by Judge J. B. Johnson Jr.; Telephone Conference set for 6/11/2003 03:00 PM in London before J. B. Johnson Jr.(EHM) Modified on 6/6/2003 (Morgan, Elaine). (Chrisman, Jamie). (Entered: 06/06/2003)

Minute Entry for proceedings held before Judge J. B. Johnson Jr.: Telephone Conference held on 6/11/03 in an attempt to resolve a discovery dispute. ORDERED that a telephonic conf is scheduled for 9/25/2003 09:30 AM in London before J. B. Johnson Jr. (Court Reporter NONE.) (cc: ALL COUNSEL) (MRS) (Chrisman, Jamie). (Entered: 06/13/2003)

MOTION to Compel Medical Authorizations from Currently Identified Class Members by Wal-Mart Stores, Inc. (JMB) (Additional attachment(s) added on 3/14/2008: # 1 Ex 1 Authorizations, # 2 Ex 2 4.30.2002 ltr discovery matters, # 3 Ex 3 6.18.2002 ltr, # 4 Ex 4 & 5 letters and caselaw) (Chrisman, Jamie). (Entered: 08/12/2003)

NOTICE of Appearance by Kenneth W. Brown on behalf of Equal Employment Opportunity Commission (JMB) (Chrisman, Jamie). (Entered: 08/22/2003)

STIPULATION TO EXTENSION OF TIME: parties agree to extend the EEOC'S ddl to respond up to and including 9/9/03 (MRS) (Chrisman, Jamie). (Entered: 08/25/2003)

RESPONSE to 33 MOTION to Compel Medical Authorizations from Currently Identified Class Members by Wal-Mart Stores, Inc. filed by Equal Employment Opportunity Commission. (Exhibit 5 filed UNDER SEAL in sep. vol.) (JMB) Modified on 9/10/2003 (Brock, Jacqueline). (Additional attachment(s) added on 3/14/2008: # 1 Ex 1 Authorizations, # 2 Ex 2 6.18.2002 ltr, # 3 Ex 3 11.26.2002 ltr, # 4 Ex 4 and 5 1.31.2003 ltr) (Chrisman, Jamie). (Entered: 09/10/2003)

SEALED DOCUMENT. (JMB) (Chrisman, Jamie). (Entered: 09/22/2003)

JOINT MOTION to Continue Status Conference and Expert Witness Disclosure by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. (JMB) (Chrisman, Jamie). (Entered: 09/22/2003)

ORDER re 38 MOTION to Continue by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. : Status Conference call set for 11/4/2003 10:00 AM in London before J. B. Johnson Jr.; Clerk DIRECTED to submit to District Judge portion of joint mt seeking to extend expert witness deadlines. Signed by Judge J. B. Johnson Jr. (cc: all counsel)(EHM) (Chrisman, Jamie). (Entered: 09/22/2003)

***Motions Submitted: 38 JOINT MOTION to Continue Status Conference and Expert Witness Disclosure by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. (JMB)

***Motions Submitted: 38 Joint motion seeking to extent expert witness deadlines (EHM)

REPLY to Response to Motion re 33 MOTION to Compel Medical Authorizations from Currently Identified Class Members by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc. (JMB) (Chrisman, Jamie). (Entered: 09/25/2003)

***Motions Submitted: 33 MOTION to Compel by Wal-Mart Stores, Inc. (JMB)

RETURN of Service - Subpoena served on The Job Shop, Inc. on 9/24/2003 by Laurel Co. Sheriff. (JMB) (Chrisman, Jamie). (Entered: 09/30/2003)

ORDER on 33 Motion to Compel Medical Authorizations from Currently Identified Class Members: ORDERED that: Mag Judge's perusal of med records reveals nothing reasonably calculated to lead to discovery of adm evidence as to Linda Dykes and Janice Smith. Thus, Mt to Compel is DENIED as to Linda Dykes and Janice Smith; Records of Tina (Stevens) McKinley are replete w/ episodes and recorded causes of emotional distress both before and after Wal-Mart employment. Thus, Mt will be GRANTED as to her; Six med repts in records of Theresa Mills appear to satisfy Rule 26 and will therefore be ordered to be produced in lieu of blanket medical authorization; If requested by EEOC, Ct will enter protective order governing use of records only for purpose of this litigation and dir same to be destroyed or returned at conclusion of same; FURTHER ORDERED that med records be RESEALED, subject to future orderes of Ct. . Signed by Judge J. B. Johnson Jr.. (JMB)(cc: all counsel) (Chrisman, Jamie). (Entered: 10/01/2003)

ORDER: A telephonic status conference was held before Judge J. B. Johnson Jr.; There is currently pending the jt mt to extend expert deadlines and counsel informed Ct that current deadlines are not feasible and jointly req an ext of all deadlines, including current PTC and trial dates. Matter has been further referred to undersigned for purpose of conducting settlement conf. Counsel agreed that it would not be feasible at this time to sched settlement conf; it is ORDERED that amended scheduling order entered 2/28/2003 is VACATED AND SET ASIDE. Mag Judge has given Dist Judge dates req by counsel and Dist Judge will enter 2nd amended sched order. Counsel currently anticipate 10 day trial. Further ORDERED that settlement conf will not be sched on this date. Counsel are directed to notify undersigned when it is feasible to conduct settlement conf or at option of counsel, parties may sched private mediation. (JMB)cc: COR (Chrisman, Jamie). (Entered: 11/04/2003)

FOURTH AMENDED SCHEDULING ORDER: (1) All deadlines previously scheduled are SET ASIDE; (2) Following deadlines shall be observed: (a) Rule 26 reports from expert trial witnesses due from Plff by 6/1/2004 and from Def by 8/15/2004; (b) Discovery due by 10/1/2004; (c) Dispositive Motions due by 11/1/2004; (3)As previously ordered by Ct, all discovery disputes are referred to Mag Judge J.B. Johnson, Jr. for resolution; (4) Final Pretrial Conference set for 3/3/2005 01:00 PM in London before Karen K. Caldwell; (5) Jury Trial set for 3/28/2005 09:00 AM in London before Karen K. Caldwell; (6) Separate order scheduling dates and times certain will issue from Mag Judge. . Signed by Judge Karen K. Caldwell. (JMB)cc: COR (Chrisman, Jamie). (Entered: 11/06/2003)

JOINT MOTION to Amend fourth amended scheduling order. (MRS) (Chrisman, Jamie). (Entered: 12/10/2003)

***Motions Submitted: 45 MOTION to Amend 44 Scheduling Order, by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. **Submitted immediately due to being a joint motion** (MRS)

ORDER AMENDING FOURTH AMENDED SCHEDULING ORDER: 45 JOINT MOTION to Amend/Correct 44 Scheduling Order by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. is GRANTED; Plff's expert disclosure is 7/1/2004 rather than 6/1/2004 and ddl for dispositive motions is 12/1/2004 rather than 11/1/2004. Signed by Judge Karen K. Caldwell. (JMB)cc: COR (Chrisman, Jamie). (Entered: 12/15/2003)

AGREED PROTECTIVE ORDER: Pursuant to Order of Ct dated 10/1/2003, this PO is entered into and agreed by parties, the EEOC and Wal-Mart Stores, Inc.; 1) ORDERED that med records/notes shall be designated as "confidential" shall be maintained in confidence, and shall be subj to remaining prov of this Order; 2) Docs hereinafter referred to as "Confidential Docs"; 3) Conf Docs to be used solely for purpose of this lawsuit; 4) Conf Docs shall not be used in any other lawsuit or for any other purpose; 5) Conf Docs shall be disclosed only to persons having need to know or having need to access such conf info for purpose of this lawsuit; 6) Should conf docs be disclosed in any pldg, mt or other paper filed w/ Clk of Ct said material shall be kept under seal by Clk until further order of Ct; 7) Agr of parties to this order shall not be construed as agr or admission; 8) Designated conf docs shall be promptly returned to Plff, EEOC upon conclusion of matter; and 9) Parties agree to comply w/ terms of this Agr Prot Order even if Ct does not sign and enter order. . Signed by Judge Karen K. Caldwell. (JMB)cc: COR (Chrisman, Jamie). (Entered: 02/18/2004)

JOINT MOTION to Set Status Conference on Discovery Matter by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. (JMB) (Chrisman, Jamie). (Entered: 02/20/2004)

***MOTION SUBMITTED TO CHAMBERS (JBJ) FOR REVIEW: 48 JOINT MOTION to Set Status Conference on Discovery Matter by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. (JMB)

ORDER re 48 JOINT MOTION to Set Status Conference on Discovery Matter filed by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc.: ORDERED that Joint Mt to set telephonic status conf is GRANTED; Telephone Conference for purpose of discussing EEOC's identification of class members and prod of med records will be held on 3/4/2004 at 10:00 AM in London before J. B. Johnson Jr.. Call will be initiated by Mag Judge. Motions terminated: 48 MOTION to Set Status Conference on Discovery Matter by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. filed by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc... Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR (Chrisman, Jamie). (Entered: 02/23/2004)

ORDER: Upon jt oral mt of parties, it is ORDERED that telephonic conf scheduled for 3/4/2004 is ADVANCED to 3/3/2004 at 10:00 AM in London before J. B. Johnson Jr..; The call will be initiated by the Ct; Pursuant to Mgt Plan for Official Ct Reporters, Mag Judge determines and orders that a ct reporter is req by particular circumstances of these matters to record proceedings conducted on 3/3/2004 pursuant to this order. . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR (Chrisman, Jamie). (Entered: 02/26/2004)

TELEPHONE CONFERENCE MINUTE ENTRY held on 3/3/2004 before Judge J. B. Johnson Jr.: Telephonic conf held for purpose of enlightening Ct of parties positions w/ ref to med records; Ct having heard counsel, it is ORDERED that 1) Any extensions of ddls shall be submitted by written mt to Dist Judge; and 2) Should parties not be able to reach agreement w/ ref to prod of med records of any of class members hereafter identified, these records shall be submitted, under seal, dir to Chambers of Mag Judge for in-camera review and prompt determination by Ct. (COURT REPORTER: RHONDA SANSOM) (JMB)cc: COR (Chrisman, Jamie). (Entered: 03/03/2004)

NOTICE by Ronald W. Bunch, Freelance Independent Videographer, that video depo was taken of JIMMY LEWIS on 4/16/2004. (JMB) (Chrisman, Jamie). (Entered: 04/23/2004)

NOTICE by Ronald W. Bunch, Freelance Independent Videographer, that video taping of Wal-Mart Distribution Center No. 6097 was taken on 4/13/2004. (JMB) (JMB) (Chrisman, Jamie). (Entered: 04/23/2004)

NOTICE by Ronald W. Bunch, Freelance Independent Videographer, that video depo was taken of JANICE BAKER on 4/16/2004. (JMB) (Chrisman, Jamie). (Entered: 04/23/2004)

MOTION to Enlarge Plaintiff's Expert Deadline by Equal Employment Opportunity Commission (JMB) (Chrisman, Jamie). (Entered: 07/02/2004)

ORDER re 55 MOTION to Enlarge Plaintiff's Expert Deadline by Equal Employment Opportunity Commission filed by Equal Employment Opportunity Commission: Plff's expert deadline is enlarged to 8/1/2004. Motions terminated: 55 MOTION for Extension of Time by Equal Employment Opportunity Commission filed by Equal Employment Opportunity Commission.. Signed by Judge Karen K. Caldwell. (JMB)cc: COR (Chrisman, Jamie). (Entered: 07/02/2004)

THIRD JOINT SUPPLEMENTAL REPORT INCLUDING A MOTION for Order TO SET CASE ON A COMPLEX LITIGATION SCHEDULE by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. (SWA) (Chrisman, Jamie). (Entered: 07/26/2004)

***MOTION SUBMITTED TO CHAMBERS FOR REVIEW: 57 MOTION for Order by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. (SWA)

AMENDED SCHEDULING ORDER: Having considered 3rd Supp Rpt including Jt Mt to Set Case on Compex Litigation, hereby GRANTS Mt to consider this complex litigation. It is ORDERED: 1) All ddls previously scheduled are SET ASIDE; 2) Following ddls shall be observed: a) Rule 26(a)(2) rpts from expert trial witnesses due from Plff by 7/15/2005 and from Dft by 9/15/2005; b) Discovery due by 3/15/2006; c) Dispositive Motions due by 7/17/2006; 3) As previously ordered by Ct, all discovery disputes referred to Mag Judge J.B. Johnson, Jr. for resolution; 4) FINAL PRETRIAL CONFERENCE set for 11/2/2006 10:00 AM in London before Karen K. Caldwell; 5) JURY TRIAL set for 1/22/2007 09:00 AM in London before Karen K. Caldwell; 6) Sep order scheduling dates and times certain will issue from Mag Judge. Motions terminated: 57 MOTION for Order by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. filed by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc.. Signed by Judge Karen K. Caldwell (JMB)cc: COR Modified text on 7/29/2004 (Brock, Jacqueline). (Chrisman, Jamie). (Entered: 07/29/2004)

ORDER: Matter assigned to undersigned for discovery and assignment of settlement conf; it is ORDERED that Telephone Conference set for 12/13/2005 11:00 AM in London before J. B. Johnson Jr.; Mag Judge will discuss 1) progress of discovery, 2) feasibility of all ddls, and 3) whether settlement conf would be beneficial, or, alternatively, matter can be better handled by private mediation or arbitration. . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR (Chrisman, Jamie). (Entered: 08/04/2004)

NOTICE of Entry of Appearance by Nancy Dean Edmonds on behalf of Equal Employment Opportunity Commission (RBB) (Chrisman, Jamie). (Entered: 07/08/2005)

JOINT MOTION to Bifurcate Pla's submission of expert report by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. (MRS) (Chrisman, Jamie). (Entered: 07/08/2005)

***MOTION SUBMITTED TO CHAMBERS of KAREN K. CALDWELL for review: 61 MOTION to Bifurcate by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. (MRS)

AGREED ORDER: Pla shall file its Expert Report in 2 parts. Part I shall be due on 7/15/05 and pertain to Dft's hiring practices at Distribution Center 6097 from 1998 through 2001. Part II shall be due on or beofre 11/15/05 and shall pertain to Dft's hiring practices at the DC from 2002 through 2/2005. Dft's expert report shall be due on or before 1/15/06, in light of Pla's two part reporting. This Order sets aside only that portion of this Court 1/29/04 Amended Scheduling Order pertaining to the parties' expert report ddls. **Expert Witness List due by 1/15/2006. Signed by Judge Karen K. Caldwell. (MRS)cc: COR (Chrisman, Jamie). (Entered: 07/18/2005)

NOTICE OF WITHDRAWAL OF COUNSEL by Equal Employment Opportunity Commission stating Bobby C. Simpson w/drawing as counsel and plf is to be represented by remaining counsel of record. (RBB) (Chrisman, Jamie). (Entered: 07/27/2005)

**********************VOLUME II*************************. (RBB)

MOTION to Bifurcate trial and discovery by Equal Employment Opportunity Commission, and MOTION for Hearing (scheduling/planning conference) to address current case scheduling and alterations necessary due to bifurcation and for entry of new case management plan addressing discovery issues by Equal Employment Opportunity Commission (RBB) (Additional attachment(s) added on 3/11/2008: # 1 Exhibit 1) (Chrisman, Jamie). (Entered: 09/06/2005)

MEMORANDUM IN SUPPORT of 64 MOTION to Bifurcate trial and discovery by Equal Employment Opportunity Commission, and MOTION for Hearing (scheduling/planning conference) to address current case scheduling and alterations necessary due to bifurcation and for entry of new case management plan addressing discovery issues filed by Equal Employment Opportunity Commission. (RBB) (Chrisman, Jamie). (Entered: 09/06/2005)

MOTION FOR HEARING ON THE EEOC MOTION TO BIFURCATE TRIAL AND DISCOVERY AND AMEND CASE MANAGEMENT PLAN re 64 MOTION to Bifurcate/MT to Amend Case Managment Plan by Wal-Mart Stores, Inc. (RBB) (Chrisman, Jamie). (Additional attachment(s) added on 3/11/2008: # 1 Main Document, # 2 Exhibit - Pt. 1 Dr. Barnow Analysis of Hiring 7.15.05, # 3 Exhibit - Pt 2 Dr. Barnow Analysis of Hiring 7.15.05) (Chrisman, Jamie). (Entered: 09/15/2005)

MOTION for Extension of Time of 30 days, or until 10/20/2005, to File a Response as to 64 MOTION to Bifurcate by Equal Employment Opportunity Commission & MOTION for Hearing by Equal Employment Opportunity Commission by Wal-Mart Stores, Inc. (EHM) (Chrisman, Jamie). (Entered: 09/16/2005)

***MOTION SUBMITTED TO CHAMBERS of KAREN K. CALDWELL for review: 64 MOTION to Bifurcate by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employment Opportunity Commission, 61 MOTION to Bifurcate by Equal Employment Opportunity Commission, Wal-Mart Stores, Inc. (RBB)

***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: 67 MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Bifurcate by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employment Opportunity Commission MOTION to Bifurcate by Equal Employment Opportunity Commission M (RBB)

MOTION for Extension of Time of ddl for expert report currently due 11/15/2005 by Equal Employment Opportunity Commission (RBB) (Chrisman, Jamie). (Entered: 10/03/2005)

***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: 66 MOTION for Hearing re 64 MOTION to Bifurcate by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employment Opportunity Commission MOTION to Bifurcate by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employmen (RBB)

MOTION for Extension of Time to File Response/Reply as to 68 MOTION for Extension of Time to file expert report by Equal Employment Opportunity Commission by Wal-Mart Stores, Inc. (RBB) (Chrisman, Jamie). (Entered: 10/07/2005)

RESPONSE to Motion re 68 MOTION for Extension of Time ddl to disclose expert report from November 15, 2005 to January 17, 2006 by Equal Employment Opportunity Commission filed by Wal-Mart Stores, Inc. (RBB) (Chrisman, Jamie). (Entered: 10/13/2005)

***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: 68 MOTION for Extension of Time by Equal Employment Opportunity Commission (RBB)

***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: 69 MOTION for Extension of Time to File Response/Reply as to 68 MOTION for Extension of Time by Equal Employment Opportunity Commission by Wal-Mart Stores, Inc. (RBB)

RESPONSE to Motion to Bifurcate Trial and Discovery and Amend Case Management Plan 64 filed by Wal-Mart Stores, Inc. (MRS) (Additional attachment(s) added on 3/11/2008: # 1 Ex A EEOC v. Plaza Hotel, # 2 Ex B EEOC v. Venator Group, # 3 Ex C EEOC v. Mr. Gold, Inc., # 4 Ex D 4th Amd Sch Ord, # 5 Ex E Order Amd 4th Sch Order, # 6 Ex F Amend Sched Ord, # 7 Ex G 7.14.05 Agreed Order) (Chrisman, Jamie). (Entered: 10/20/2005)

Motions No Longer Referred: 66 MOTION for Hearing re 64 MOTION to Bifurcate by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employment Opportunity Commission MOTION to Bifurcate by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employmen, 68 MOTION for Extension of Time by Equal Employment Opportunity Commission, 67 MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Bifurcate by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employment Opportunity Commission MOTION to Bifurcate by Equal Employment Opportunity Commission M, 69 MOTION for Extension of Time to File Response/Reply as to 68 MOTION for Extension of Time by Equal Employment Opportunity Commission by Wal-Mart Stores, Inc., 64 MOTION to Bifurcate by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employment Opportunity Commission (RBB)

REPLY to Response to Motion re 64 MOTION to Bifurcate trial and discovery and MOTION for Hearing (scheduling/planning conference) filed by Equal Employment Opportunity Commission. (RBB) (Chrisman, Jamie). (Entered: 11/07/2005)

***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: 64 MOTION to Bifurcate by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employment Opportunity Commission MOTION to Bifurcate by Equal Employment Opportunity Commission MOTION for Hearing by Equal Employment Opportunity Commission (RBB)

MOTION for Extension of Time until May 16, 2006, to file expert reports by Equal Employment Opportunity Commission (RBB) (Chrisman, Jamie). (Entered: 12/08/2005)

ORDER : Numerous motions [64,66,67,68 & 69] have been filed and are pending before the District Judge, which makes the telephonic conference previously assigned for December 13, 2005, premature. Therefore, same is CANCELLED and will be reassigned by the Magistrate Judge after a ruling upon the pending motions. Signed by Judge J. B. Johnson Jr. (RBB)cc: COR (Entered: 12/09/2005)

Clerk's Note: Docket Entry 74 has been filed in paper form in Clerk's file. Copies have been distributed via fax and US mail. (RBB)

***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: 73 MOTION for Extension of Time by Equal Employment Opportunity Commission (RBB)

RESPONSE to Motion re 73 MOTION for Extension of Time until May 16, 2006, to file expert reports by Equal Employment Opportunity Commission filed by Wal-Mart Stores, Inc.. (JMB) (Chrisman, Jamie). (Entered: 12/21/2005)

MOTION for Extension of Time from December 23, 2005 to January 23, 2006 to respond to plf's discovery by Wal-Mart Stores, Inc. (RBB) (Entered: 12/28/2005)

ORDER: Dfts shall have until 1/22/2006 to respond to plf's discovery. Terminating Motions: Re: 76 Motion for Extension of Time . Signed by Judge Karen K. Caldwell. ***NOTE: Order filed 1/4/2006 in Frankfort, Received by mail 1/9/2006 at London.(RBB)cc: COR (Chrisman, Jamie). (Entered: 01/09/2006)

ORDER: matter before Court on Dft's Mt for Ext of Time to File a Response to the EEOC's Mt to Bifurcate 67 . No objection having been filed and the pldg having been tendered to Court 71, the Mt 67 is hereby GRANTED; This matter is also before Court on Dft's Mt for Add'l Time in which to respond to EEOC's Mt to Extend Expert Report Due Date 69 ; No objection having been filed and the pleading having been tendered to the Court [7-] the Mt 69 is GRANTED. TERMINATING MOTIONS: Re 67 Motion for Extension of Time to File Response/Reply and 69 Motion for Extension of Time to File Response/Reply . Signed by Judge Karen K. Caldwell. (RBB)cc: COR (Chrisman, Jamie). (Entered: 01/09/2006)