Case: EEOC v. TARGET

2:02-cv-00146 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Feb. 8, 2002

Closed Date: Dec. 10, 2007

Clearinghouse coding complete

Case Summary

The Milwaukee District Office of the EEOC brought this suit against Target Corporation in the United States District Court for the Eastern District of Wisconsin in February 2002. The complaint alleged that the Defendant violated Title VII's prohibition of race discrimination by failing to hire African Americans and failing to keep appropriate records to determine whether unlawful employment practices had taken place. Both parties moved for summary judgment, and Target was granted its motion, wh…

The Milwaukee District Office of the EEOC brought this suit against Target Corporation in the United States District Court for the Eastern District of Wisconsin in February 2002. The complaint alleged that the Defendant violated Title VII's prohibition of race discrimination by failing to hire African Americans and failing to keep appropriate records to determine whether unlawful employment practices had taken place. Both parties moved for summary judgment, and Target was granted its motion, which the EEOC appealed. In a published opinion, the Seventh Circuit reversed the district court's granting of summary judgment for Target and remanded the case (460 F.3d 946 (7th Cir. 2006)).

On remand, both parties moved for partial summary judgment; the EEOC was denied its motion and Target was granted its motion. In December 2007, the parties entered into a consent decree. The consent decree required the defendant to pay a total of $510,000 to the four complainants. It also required Target to not discriminate or retaliate; to train all employees in the Madison and Milwaukee areas about race discrimination; to implement policies that promote supervisor accountability; and to post a notice about employee rights under Title VII.

Summary Authors

Kevin Wilemon (5/19/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4412814/parties/eeoc-v-target-corporation/


Judge(s)
Attorney for Plaintiff

Fox, Rosemary J (Wisconsin)

Kamp, Jean P (Wisconsin)

McBride, Dennis R (Wisconsin)

Attorney for Defendant

Johnson, Christopher J (Wisconsin)

Lewis, Donald M (Wisconsin)

Documents in the Clearinghouse

Documents in this case

2:02-cv-00146

Docket (PACER)

EEOC v. Target Corporation

Dec. 10, 2007

Dec. 10, 2007

Docket

04-03559

Opinion [U.S. Court of Appeals]

U.S. E.E.O.C. v. Target Corporation

U.S. Court of Appeals for the Seventh Circuit

Aug. 23, 2006

Aug. 23, 2006

Order/Opinion

460 F.3d 946

Court of Appeals Ruels Target Must Face Trial on Race Discrimination Charges

EEOC v. Target Corporation

No Court

Aug. 24, 2006

Aug. 24, 2006

Press Release
123

2:02-cv-00146

Decision and Order

EEOC v. Target Corporation

Jan. 8, 2007

Jan. 8, 2007

Order/Opinion

2007 WL 81880

153

2:02-cv-00146

Decision and Order

EEOC v. Target Corporation

May 16, 2007

May 16, 2007

Order/Opinion

2007 WL 1461298

164

2:02-cv-00146

Consent Decree

EEOC v. Target Corporation

Dec. 10, 2007

Dec. 10, 2007

Settlement Agreement
165

2:02-cv-00146

Judgment in a Civil Case

EEOC v. Target Corporation

Dec. 10, 2007

Dec. 10, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4412814/eeoc-v-target-corporation/

Last updated July 20, 2026, 5:26 a.m.

Docket for: EEOC v. Target Corporation
ECF Number Date Description Link
1 Feb. 8, 2002

COMPLAINT (Summons(es) issued); jury demand Consent Forms Distributed for Magistrate Judge Gorence (jll, )

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2 Feb. 21, 2002

REFUSAL to Consent to Proceed before Magistrate Judge by defendant Target Corporation (jll, ) (Entered: 02/22/2002)

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3 Feb. 28, 2002

CONSENT to Proceed before Magistrate Judge by plaintiff EEOC (jll, )

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4 April 12, 2002

ANSWER by defendant to plaintiff's complaint [1-1] (jll, )

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5 April 12, 2002

CERTIFICATE of interest by defendant (jll, )

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6 April 12, 2002

CERTIFICATE of service by defendant (jll, )

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7 April 30, 2002

MOTION by plaintiff to strike, or in the alternative for partial summary judgment with attached certificate of service (jll, )

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8 April 30, 2002

BRIEF by plaintiff in support of plaintiff's motion to strike [7-1], or in the alternative, for partial summary judgment [7-2] with attached certificate of service (jll, )

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9 April 30, 2002

PROPOSED findings of fact submitted by plaintiff (jll, )

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10 April 30, 2002

AFFIDAVIT of Barbara Graner with attachments (jll, )

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11 May 16, 2002

NOTICE of hearing by the Court telephone scheduling conference set for 9:30 7/17/02 (cc: all counsel) (cms, ) (Entered: 05/17/2002)

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12 June 3, 2002

BRIEF by defendant in opposition to plaintiff's motion to strike [7-1] or, for partial summary judgment [7-2] (jll, ) (Entered: 06/04/2002)

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13 June 3, 2002

PROPOSED findings of fact submitted by defendant in support of its brief in opposition to plaintiff's motion to strike or, in the alternative, for partial summary judgment. (jll, ) (Entered: 06/04/2002)

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14 June 3, 2002

RESPONSE by defendant to plaintiff's proposed findings of fact (jll, ) (Entered: 06/04/2002)

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15 June 3, 2002

AFFIDAVIT of Christopher J. Johnson (jll, ) (Entered: 06/04/2002)

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16 June 3, 2002

Rule 56(f) AFFIDAVIT of Christopher J. Johnson (jll, ) (Entered: 06/04/2002)

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17 June 3, 2002

CERTIFICATE of service by defendant (jll, ) (Entered: 06/04/2002)

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18 June 20, 2002

REPLY BRIEF by plaintiff in support of motion to strike [7-1], motion for partial summary judgment [7-2] (jll, ) (Entered: 06/21/2002)

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19 July 9, 2002

DECISION AND ORDER by Judge Rudolph T. Randa denying EEOC's motion to strike [7-1], denying EEOC's motion for partial summary judgment [7-2] (cc: all counsel) (jll, ) (Entered: 07/10/2002)

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20 July 9, 2002

JOINT RULE 26 DISCOVERY PLAN by plaintiff, defendant (jll, ) (Entered: 07/10/2002)

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21 July 11, 2002

AMENDED JOINT RULE 26 DISCOVERY PLAN by plaintiff, defendant (jll, ) (Entered: 07/12/2002)

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22 July 12, 2002

MOTION by plaintiff EEOC for leave to file amended complaint w/attached proposed amended complaint (kah, ) (Entered: 07/15/2002)

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23 July 17, 2002

HEARING MINUTES: by Judge Rudolph T. Randa ; amended pleadings ddl set for 7/31/02 ; fact discovery ddl set for 6/1/03 ; expert discovery ddl set for 8/15/03; dispositive motion filing ddl set for 6/1/03 ; final pretrial conference for 2:00 12/15/03 ; jury trial set for 9:00 1/20/04 (est: 2 days) ; scheduling conference call held 7/17/02 ; pltfs experts due 02/15/03; defts experts due 3/31/03; pltfs expert report due 5/1/03; defts expert report due 6/15/03. Court Reporter: none (kah, ) (Entered: 07/18/2002)

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24 July 17, 2002

SCHEDULING ORDER by Judge Rudolph T. Randa GRANTING motion for leave to file amended complaint [22-1]; SEE 07/17/02 hearing minutes for details and schedules. (cc: all counsel) (kah, ) (Entered: 07/18/2002)

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25 July 17, 2002

AMENDED COMPLAINT Re: [1-1] by plaintiff EEOC; jury demand (kah, ) (Entered: 07/18/2002)

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26 Aug. 1, 2002

ANSWER by defendant Target Corporation to plaintiff's amended complaint [25-1] (jll, ) (Entered: 08/02/2002)

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27 Dec. 16, 2002

STIPULATION AND CONFIDENTIALITY ORDER signed by Judge Rudolph T Randa on 12/16/02. (cc: all counsel)(jll, ) (Entered: 12/18/2002)

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28 Feb. 13, 2003

Expert Witness List by Plaintiff Equal Employment Opportunity Commission. (jll, )

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29 April 28, 2003

STIPULATION to amend scheduling order (vlh, )

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30 May 1, 2003

AMENDED SCHEDULING ORDER by Judge Rudolph T Randa: Discovery to be completed by 7/1/2003. Plaintiffs Expert Witness List due by 6/1/2003. Defendants Expert Witness List due by 7/15/2003. Dispositive motions due by 7/1/2003. (cc: all counsel)(vlh, ) (Entered: 05/02/2003)

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32 June 30, 2003

BRIEF by plntf in Support re 31 MOTION for Partial Summary Judgment (djd) (Entered: 07/01/2003)

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33 June 30, 2003

AFFIDAVIT of Dennis R McBride in Support of Plntf's Motion for Partial Summary Judgment (djd ) (Entered: 07/01/2003)

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34 June 30, 2003

Proposed Findings of Fact by Plntf in Support of Motion for Partial Summary Judgment (djd) (Entered: 07/01/2003)

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31 July 1, 2003

MOTION for Partial Summary Judgment by Plntf Equal Employment Opportunity Commission. (djd)

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35 July 1, 2003

Notice of motion and MOTION for Summary Judgment by Defendant Target Corporation. (jll, ) (Entered: 07/02/2003)

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36 July 1, 2003

BRIEF in Support re 35 defendant's MOTION for Summary Judgment filed by Defendant Target Corporation. (jll, ) (Entered: 07/02/2003)

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37 July 1, 2003

PROPOSED findings of fact filed by Defendant Target Corporation (jll, ) (Entered: 07/02/2003)

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38 July 1, 2003

DECLARATION of Theresa Morgan (faxed copy) (jll, ) (Entered: 07/02/2003)

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39 July 1, 2003

DECLARATION of Tiffany M. Expose (jll, ) (Entered: 07/02/2003)

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40 July 1, 2003

DECLARATION of Scott Kwaterski (jll, ) (Entered: 07/02/2003)

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41 July 1, 2003

AFFIDAVIT of Christopher J. Johnson (jll, ) (Entered: 07/02/2003)

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42 July 1, 2003

AFFIDAVIT of Joseph G. Schmitt (jll, ) (3 vols.) Modified on 10/5/2004 (vlh, ). (Entered: 07/02/2003)

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43 July 1, 2003

CERTIFICATE OF SERVICE by Defendant Target Corporation (jll, ) (Entered: 07/02/2003)

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44 July 21, 2003

ORIGINAL AFFIDAVIT of Joseph G. Schmitt, a copy of which was filed with the Court on 7/1/03. (jll, ) (Entered: 07/22/2003)

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46 July 21, 2003

ERRATA PROPOSED findings of fact in support of defendant's motion for summary judgment filed by Defendant Target Corporation (jll, ) (Entered: 07/22/2003)

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45 July 22, 2003

ERRATA AFFIDAVIT of Joseph G. Schmitt (jll, )

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47 July 31, 2003

LETTER from attorney Dennis R. McBride advising that EEOC is also relying upon affidavit of Barbar Graner, filed 4/30/02, in support of motion for partial summary judgment (vlh, ) (Entered: 08/01/2003)

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48 July 31, 2003

Plaintiff's BRIEF in Opposition to 35 MOTION for Summary Judgment (vlh, ) (Entered: 08/01/2003)

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49 July 31, 2003

RESPONSE by plaintiff Equal Employment Opportunity Commission to defendant's proposed findings of fact & plaintiff's statement of material facts in opposition to defendant's motion for summary judgment (vlh, ) (Entered: 08/01/2003)

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50 July 31, 2003

AFFIDAVIT of Dennis R. McBride (filed in two volumes-- Vol. 1 contains affidavit & exhibits A through Z; Vol. 2 contains exhibits 1 through 42) (vlh, ) (Entered: 08/01/2003)

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51 July 31, 2003

CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission (vlh, ) (Entered: 08/01/2003)

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52 Aug. 4, 2003

BRIEF in Opposition re 31 plaintiff's MOTION for Partial Summary Judgment filed by Defendant Target Corporation. (jll, ) (Entered: 08/05/2003)

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53 Aug. 4, 2003

PROPOSED findings of fact filed by Defendant Target Corporation (jll, ) (Entered: 08/05/2003)

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54 Aug. 4, 2003

SECOND AFFIDAVIT of Joseph G Schmitt; attachments (jll, ) (Entered: 08/05/2003)

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55 Aug. 4, 2003

CERTIFICATE OF SERVICE by Defendant Target Corporation (jll, ) (Entered: 08/05/2003)

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56 Aug. 14, 2003

LETTER from Attorney Dennis R. McBride with attached copy of the 7/29/03 Seventh Circuit Decision (jll, )

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57 Aug. 14, 2003

ORDER extending ddl for filing reply briefs in support of the parties' respective motions for summary judgment to 8/29/03. signed by Judge Rudolph T Randa on 8/14/03. (cc: all counsel)(jll, ) (Entered: 08/18/2003)

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58 Aug. 18, 2003

STIPULATION AND ORDER extending ddls for filing reply briefs: 8/29/03 for the defendant and 8/19/03 for the plaintiff. signed by Judge Rudolph T Randa on 8/18/03. (cc: all counsel)(jll, ) (Entered: 08/19/2003)

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59 Aug. 28, 2003

Errata RESPONSE to defendant's proposed findings of fact and plaintiff's statement of material facts in opposition to defendant's motion for summary judgment filed by Plaintiff Equal Employment Opportunity Commission. (jll, ) (Entered: 09/02/2003)

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60 Aug. 28, 2003

Errata AFFIDAVIT of Dennis R. McBride ; attachments (jll, ) (Entered: 09/02/2003)

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61 Aug. 28, 2003

CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission (jll, ) (Entered: 09/02/2003)

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62 Aug. 29, 2003

REPLY BRIEF in Support re 31 plaintiff's MOTION for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (jll, ) (Entered: 09/02/2003)

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63 Aug. 29, 2003

REPLY to defendant's proposed findings of fact in support of defendant's memorandum of law in opposition to plaintiff's motion for partial summary judgment filed by Plaintiff Equal Employment Opportunity Commission. (jll, ) (Entered: 09/02/2003)

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64 Aug. 29, 2003

CERTIFICATE OF SERVICE by Plaintiff Equal Employment Opportunity Commission (jll, ) (Entered: 09/02/2003)

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65 Aug. 29, 2003

REPLY BRIEF in Support re 35 defendant's MOTION for Summary Judgment filed by Defendant Target Corporation. (jll, ) (Entered: 09/02/2003)

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66 Aug. 29, 2003

Third AFFIDAVIT of Joseph G. Schmitt; attachments (jll, ) (Entered: 09/02/2003)

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67 Aug. 29, 2003

REPLY to plaintiff's response to defendant's proposed findings of fact in support of defendant's motion for summary judgment filed by Defendant Target Corporation. (jll, ) (Entered: 09/02/2003)

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68 Aug. 29, 2003

CERTIFICATE OF SERVICE by Defendant Target Corporation (jll, ) (Entered: 09/02/2003)

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69 Sept. 5, 2003

Third AFFIDAVIT of Joseph G. Schmitt (jll, ) (Entered: 09/09/2003)

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70 Oct. 22, 2003

MOTION for Extension of Time to submit additional affidavits in opposition to defendant's motion for summary judgment; certificate of service. by Plaintiff Equal Employment Opportunity Commission. (jll, )

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71 Oct. 22, 2003

AFFIDAVIT of Dennis R. McBride in support of plaintiff's motion to extend time to submit additional affidavits in opposition to defendant's motion for summary judgment. (jll, )

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72 Oct. 23, 2003

DECISION AND ORDER ; defendant must file any opposition to Plaintiff's motion within 5 days of the date of this order; plaintiff must file any response to defendant's opposition within 3 days thereafter. signed by Judge Rudolph T Randa on 10/23/03. (cc: all counsel)(jll, ) (Entered: 10/24/2003)

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73 Oct. 27, 2003

LETTER response from Christopher J. Johnson advising the Court that counsel have agreed to the following briefing schedule; deft's opposition memorandum ddl is 10/29/03 and pltf's reply memorandum ddl is 11/3/03. (jll, )

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74 Oct. 29, 2003

MOTION for Extension of Time to submit additional affidavits by Target Corporation. (jll, ) (Entered: 10/30/2003)

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75 Oct. 29, 2003

FOURTH AFFIDAVIT of Joseph G. Schmitt (jll, ) (Entered: 10/30/2003)

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76 Oct. 31, 2003

BRIEF in Opposition re 70 MOTION for Extension of Time to submit additional affidavits filed by Target Corporation. (jll, ) (Entered: 11/03/2003)

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77 Oct. 31, 2003

Fourth AFFIDAVIT of Joseph G. Schmitt ; attachments (jll, ) (Entered: 11/03/2003)

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78 Nov. 3, 2003

REPLY BRIEF in Support re 70 MOTION for Extension of Time to submit additional affidavits in opposition to defendant's summary judgment motion. filed by Equal Employment Opportunity Commission. (jll, ) (Entered: 11/04/2003)

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79 Nov. 3, 2003

AFFIDAVIT of Dennis R. McBride in support of plaintiff's motion to extend time to submit additional affidavits in opposition to defendant's summary judgment motion; attachments (jll, ) (Entered: 11/04/2003)

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80 Nov. 5, 2003

LETTER response from Christopher J. Johnson to EEOC's reply filed on 11/3/03. (jll, ) (Entered: 11/06/2003)

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81 Nov. 7, 2003

Second DECLARATION of Keith A. Bender (jll, )

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82 Nov. 7, 2003

DECISION AND ORDER signed by Judge Rudolph T Randa on 11/7/03granting 70 EEOC's Motion for Extension of Time to submit additional affidavits in opposition to defendant's motion for summary judgment; any additional discovery conducted in this matter shall be completed by 12/15/03; telephone scheduling conference is set for 12/15/03 at 2:00 p.m. (cc: all counsel) (jll, )

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83 Dec. 3, 2003

MOTION for Extension of Time for discovery, until 1/9/04. by Target Corporation. (jll, ) (Entered: 12/08/2003)

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84 Dec. 3, 2003

ORDER signed by Judge Rudolph T Randa on 12/3/03granting 83 Target Corp.'s Motion for Extension of Time, extending discovery ddl to 1/9/04. (cc: all counsel) (jll, ) (Entered: 12/08/2003)

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85 Dec. 15, 2003

Minute Entry for proceedings held before Judge Rudolph T Randa : Scheduling Conference Call held on 12/15/2003 Plaintiff's sur-reply re defendant's summary judgment motion ddl is 1/15/04; defendant's brief in response ddl is 1/30/04. Final Pretrial Conference Call set for 7/19/2004 at 02:00 PM before Chief Judge Rudolph T Randa. Jury Trial set for 8/30/2004 at 09:00 AM before Chief Judge Rudolph T Randa. (jll, ) (Entered: 12/24/2003)

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86 Dec. 23, 2003

AMENDED SCHEDULING ORDER: (see minute entry above) signed by Judge Rudolph T Randa on 12/23/03. (cc: all counsel)(jll, ) (Entered: 12/24/2003)

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Jan. 9, 2004

Assented-to motion to extend time for filing of summary judgment briefs by Equal Employment Opportunity Commission; certificate of service (jld, )

87 Jan. 14, 2004

ORDER based on plaintiff's motion for extension for filing of briefs; that Paragraphs 1 and 2 of the 12/23/03 amended scheduling order be amended to extend the EEOC's filing ddl to 1/22/04 and to extend Target's response time to 2/6/04. signed by Judge Rudolph T Randa on 1/14/04. (cc: all counsel)(jld, ) (Entered: 01/16/2004)

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88 Jan. 22, 2004

Supplemental BRIEF in Opposition re 35 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (jld, ) (Entered: 01/26/2004)

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89 Jan. 22, 2004

Supplemental STATEMENT OF MATERIAL FACTS in opposition to defendant's motion for summary judgment by Equal Employment Opportunity Commission (jld, ) (Entered: 01/26/2004)

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90 Jan. 22, 2004

Supplemental AFFIDAVIT of Dennis R. McBride in opposition to defendant's motion for summary judgment (jld, ) (Entered: 01/26/2004)

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91 Jan. 28, 2004

THIRD DECLARATION of Keith A. Bender (jld, )

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92 Feb. 6, 2004

Supplemental Proposed Findings of Fact In Support of Deft's Motion for Summary Judgment and Responses to Pltf's Supplemental Statement of Material Facts by Target Corporation. (kah, ) (Entered: 02/09/2004)

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93 Feb. 6, 2004

Supplemental BRIEF In Support of Motion for Summary Judgment filed by Target Corporation. (kah, ) (Entered: 02/09/2004)

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94 Feb. 6, 2004

DECLARATION (copy) of Jacqueline Rustan (kah, ) (Entered: 02/09/2004)

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95 Feb. 6, 2004

DECLARATION (copy) of Bernard Siskin (kah, ) (Entered: 02/09/2004)

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96 Feb. 6, 2004

DECLARATION (copy) of Dawne Carlson (kah, ) (Entered: 02/09/2004)

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97 Feb. 6, 2004

Fifth AFFIDAVIT of Joseph G Schmitt w/attachments (kah, ) (Entered: 02/09/2004)

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98 Feb. 10, 2004

ORIGINAL DOCUMENT ; defendant Target Corp.'s supplemental memorandum in support of motion for summary judgment originally filed on 2/6/04. (jld, ) (Entered: 02/12/2004)

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99 Feb. 10, 2004

ORIGINAL DOCUMENT : defendant's supplemental proposed findings of fact and responses to plaintiff's supplemental statement of material facts originally filed on 2/6/04. (jld, ) (Entered: 02/12/2004)

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Case Details

State / Territory:

Wisconsin

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 8, 2002

Closing Date: Dec. 10, 2007

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

Private Entity/Person

Target Corporation

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Wisconsin 2:02-cv-00146

U.S. Court of Appeals for the Seventh Circuit 04-03559

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Content of Injunction:

Discrimination Prohibition

Implement complaint/dispute resolution process

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 510000

Order Duration: 2004 - 2007

Issues

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation