Case: EEOC v. K-B Television And Appliance Co.

1:02-cv-09128 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 17, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

The Chicago Office of the EEOC brought this action in the U.S. District Court for the Northern District of Illinois, against K-B Television and Appliance Company. The complaint, filed in December 2002, alleged disability discrimination in violation of the Americans with Disabilities Act of 1990; specifically that Defendant failed to extend an offer of employment to the charging party, a qualified individual with a disability, because of his disability.

The case went to trial in July 2003, and after a two day trial, the jury found for the Defendant.

Summary Authors

Shankar Viswanathan (7/16/2007)

Documents in the Clearinghouse

Document

1:02-cv-09128

Docket (PACER)

EEOC v. K-B Television and Appliance Co.

Sept. 23, 2003

Sept. 23, 2003

Docket
1

1:02-cv-09128

Complaint

EEOC v. K-B Television and Appliance Co.

Dec. 17, 2002

Dec. 17, 2002

Complaint
33

1:02-cv-09128

Verdict Form

EEOC v. K-B Television and Appliance Co.

July 17, 2003

July 17, 2003

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251149/eeoc-v-k-b-tv-appliance/

Last updated Sept. 2, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Noelle Christine Brennan, Richard John Mrizek as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: (1-1 through 1-3)) (fce) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

RECAP
2

MINUTE ORDER of 1/23/03 by Hon. Suzanne B. Conlon : Status hearing held. Discovery cut -off and filing of dispositive motions with supporting memoranda set on 05/22/03. Joint final pretrial order with agreed pattern jury instructions submission set on 06/12/03 at 9:00 a.m., plaintiff's draft to be submitted to defendant by 06/05/03. Case is placed on the July 2003 trial calendar. Firm Dates. Mailed notice (gcy) (Entered: 01/24/2003)

Jan. 23, 2003

Jan. 23, 2003

PACER
3

WAIVER of service of summons as to defendant K.B. Television & Appliance Co. sent on 12/17/02. (gcy) (Entered: 02/19/2003)

Feb. 14, 2003

Feb. 14, 2003

PACER
4

ATTORNEY APPEARANCE for defendant by Oyvind Wistrom, James R Scott (gcy) (Entered: 02/20/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
5

ANSWER by defendant to complaint [1-1]. (gcy) (Entered: 02/20/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
6

CERTIFICATE of Interest by defendant. (gcy) (Entered: 02/20/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
7

MOTION by defendant to substitute counsel, file an amended answer and enlarge discovery ; Notice. (gcy) (Entered: 05/08/2003)

May 2, 2003

May 2, 2003

PACER
8

MINUTE ORDER of 5/7/03 by Hon. Suzanne B. Conlon: Defendant's motion to substitute counsel [7-1] is granted, provided new counsel file their appearance upon receipt of this order. Defendant's motion for leave to file an amended answer [7-2] is granted. The amended answer shall be filed by 05/12/03. Defendant's motion to enlarge time to complete discovery [7-3] is denied for failure to show good cause or due diligence. Mailed notice by judge's staff (gcy) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

PACER
9

ATTORNEY APPEARANCE for defendant by Robert James Kartholl Jr., Robert William Funk II (gcy) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

PACER
10

AGREED MOTION by plaintiff EEOC for rescheduling submission of final pretrial order ; Notice. (gcy) (Entered: 05/16/2003)

May 9, 2003

May 9, 2003

PACER
11

MINUTE ORDER of 5/14/03 by Hon. Suzanne B. Conlon : Plaintiff's agreed motion for rescheduling submission of final pretrial order is granted [10-1]. Pretrial order submission on 06/12/03 is reset to 06/19/03 at 9:00 a.m.; plaintiff's draft to be submitted to defendant by 06/12/03 . Case remains on the July 2003 trial calendar. The court notes that plaintiff is represented by 3 attorneys. No further extensions. Mailed notice by judge's staff (gcy) (Entered: 05/16/2003)

May 14, 2003

May 14, 2003

PACER
12

AMENDED ANSWER [5-1] and affirmative defenses to complaint at law by defendant; Notice. (gcy) (Entered: 05/16/2003)

May 15, 2003

May 15, 2003

PACER
13

MINUTE ORDER of 6/19/03 by Hon. Suzanne B. Conlon : Pretrial order submission held. Responses to parties' motions in limine to be filed by 06/30/03. Final pretrial conference set on 07/10/03 at 4:00 p.m.; all trial counsel to be present. Trial set on 07/16/03 at 9:00 a.m. (Entered Final Pretrial Order) Mailed notice by judge's staff (gcy) (Entered: 06/20/2003)

June 19, 2003

June 19, 2003

PACER
14

RESPONSE by defendant to plaintiff's motion in limine to exclude Illinois Department of Human Rights findings; Notice. (jmp) (Entered: 07/01/2003)

June 30, 2003

June 30, 2003

PACER
15

RESPONSE by defendant to plaintiff's motion in limine to exclude evidence of defendants' Martin and Stewart, prior convictions (Attachment). (jmp) (Entered: 07/01/2003)

June 30, 2003

June 30, 2003

PACER
16

RESPONSE by defendant to plaintiff's motion in limine to exclude defendant's communication of an open eposition to the IDHR. (jmp) (Entered: 07/01/2003)

June 30, 2003

June 30, 2003

PACER
17

RESPONSE by defendant to plaintiff's motion in limine to exclude evidence of defendant Martin, Social Security and Unemployment Benefits. (jmp) (Entered: 07/01/2003)

June 30, 2003

June 30, 2003

PACER
18

RESPONSE by plaintiff EEOC to defendant's motion in limine to bar evidence as to backpay damages for certain period of time. (gcy) (Entered: 07/08/2003)

July 3, 2003

July 3, 2003

PACER
19

RESPONSE by plaintiff EEOC to defendant's motion in limine to bar testimony regarding Dr. Baht and other healthcare professionals. (gcy) (Entered: 07/08/2003)

July 3, 2003

July 3, 2003

PACER
20

RESPONSE by EEOC to defendant's motion in limine to bar evidence of certain statements made by K-B's owner after suit was filed. (gcy) (Entered: 07/08/2003)

July 3, 2003

July 3, 2003

PACER
21

MINUTE ORDER of 7/10/03 by Hon. Suzanne B. Conlon : Plaintiff's motions in limine to exclude evidence of the Illinois Department of Human Rights findings and to exclude evidence regarding defendant's communication of an open position to the IDHR and defendant's motions in limine to bar evidence as to back pay damages for a certain period of time and certain statements made by K-B's owner after suit was filed are denied for failure to submit sufficient information either by filing trials briefs or submitting exhibits or other evidence. Plaintiff's motion in limine to exclude evidence of Martin and Stewart's prior convictions is granted. Plaintiff's motion in limine to exclude evidence of Martin's social security payments and unemployment benefits is granted in part and denied in part. Defendant's motion in limine to bar testimony regarding Dr. Baht and other health care professionals is moot. (See reverse of minute order.) No notice (gcy) (Entered: 07/11/2003)

July 10, 2003

July 10, 2003

PACER
22

MINUTE ORDER of 7/10/03 by Hon. Suzanne B. Conlon : Final pretrial and settlement conference held. Counsel shall advise chambers by 07/14/03 if the case settles. If the case does not settle, counsel shall submit trial briefs and revised jury instructions by 07/14/03. No notice (gcy) (Entered: 07/14/2003)

July 10, 2003

July 10, 2003

PACER
23

TRIAL brief by defendant K-B TV & Appliance; Notice (gcy) (Entered: 07/15/2003)

July 14, 2003

July 14, 2003

PACER
28

TRIAL brief by plaintiff (lc) (Entered: 07/18/2003)

July 14, 2003

July 14, 2003

PACER
29

AGREED JURY INSTRUCTIONS submitted (lc) (Entered: 07/18/2003)

July 14, 2003

July 14, 2003

PACER
30

AMENDMENTS TO FINAL PRE-TRIAL ORDER (lc) (Entered: 07/18/2003)

July 14, 2003

July 14, 2003

PACER
24

ATTORNEY APPEARANCE for plaintiff by Ethan M.M. Cohen (gcy) (Entered: 07/17/2003)

July 16, 2003

July 16, 2003

PACER
25

MINUTE ORDER of 7/16/03 by Hon. Suzanne B. Conlon : Jury trial held and continued to 7/17/03 at 9:00 a.m. No notice (eav) (Entered: 07/18/2003)

July 16, 2003

July 16, 2003

PACER
26

MINUTE ORDER of 7/17/03 by Hon. Suzanne B. Conlon : Jury trial held. Jury deliberates. Verdict returned for defendant K-B Television & Appliance and against plaintiff EEOC. Judgment is entered on jury's verdict. terminating case Mailed notice (eav) (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

PACER
31

JURY INSTRUCTIONS submitted (lc) (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

PACER
27

ENTERED JUDGMENT (eav) (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

RECAP
32

JURY NOTES filed of 07/17/03 (Attachment). (lc) (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

PACER
33

VERDICT for defendant against plaintiff (lc) RESTRICTED Modified on 6/14/2010 (nlf, ). (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

PACER
34

BILL OF COSTS submitted by defendants (Attachments); Notice. (ntf) (Entered: 08/21/2003)

Aug. 14, 2003

Aug. 14, 2003

PACER
35

MINUTE ORDER of 8/20/03 by Hon. Suzanne B. Conlon: Defendant's bill of costs is taken under advisement. Plaintiff shall file any objections by 08/29/03. Notice mailed by judge's staff (ntf) (Entered: 08/21/2003)

Aug. 20, 2003

Aug. 20, 2003

PACER
36

MINUTE ORDER of 9/23/03 by Hon. Suzanne B. Conlon : Defendant's unopposed bill of costs [34-1] is approved. Defendant is awarded reasonable costs in the amount of $2,411.69. Mailed notice by judge's staff (gcy) Modified on 09/24/2003 (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 17, 2002

Closing Date: 2003

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

K-B Television and Appliance Co. (Darien), 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

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

None

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits