Case: EEOC v. KROGER

4:05-cv-01768 | U.S. District Court for the Southern District of Texas

Filed Date: May 17, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Houston office of the EEOC filed this suit on May 17, 2005 in the U.S. District Court for the Southern District of Texas. Two complainants intervened in the suit and along with the EEOC alleged violation of Title VII by Kroger Texas LP. Specifically, it was alleged that Kroger refused to hire the female complainants and other unnamed class members because of their gender. After discovery had progressed with only a few motions, the EEOC and the intervenors filed a motion to amend the complai…

The Houston office of the EEOC filed this suit on May 17, 2005 in the U.S. District Court for the Southern District of Texas. Two complainants intervened in the suit and along with the EEOC alleged violation of Title VII by Kroger Texas LP. Specifically, it was alleged that Kroger refused to hire the female complainants and other unnamed class members because of their gender. After discovery had progressed with only a few motions, the EEOC and the intervenors filed a motion to amend the complaint. Before the motion to amend the complaint could ever be decided on, a settlement was reached. The consent decree was proposed on July 24, 2006 and entered on July 27, 2006. In the decree Kroger agreed to pay $137,500 in damages, hire many of the complainants, reevaluate the physical test it uses to screen for the position at issue and provide training to its employees, five of whom were named specifically. The terms of the agreement were to run for 2.5 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Jason Chester (7/25/2007)

Documents in the Clearinghouse

Document

4:05-cv-01768

Docket (PACER)

Equal Employment Opportunity Commission v. Kroger Texas LP

July 27, 2006

July 27, 2006

Docket
1

4:05-cv-01768

Complaint

Equal Employment Opportunity Commission v. Kroger Texas LP

May 17, 2005

May 17, 2005

Complaint
9

4:05-cv-01768

Complaint in Intervention

Equal Employment Opportunity Commission, and Yolanda E. Washington and Subrena L. Tarver v. Kroger Texas LP

July 14, 2005

July 14, 2005

Complaint
28

4:05-cv-01768

Memorandum and Order

Equal Employment Opportunity Commission v. Kroger Texas LP

March 13, 2006

March 13, 2006

Order/Opinion
48

4:05-cv-01768

Consent Decree

EEOC and Yolanda E Washington and Subrena L. Tarver v. Kroger Texas, L.P.

July 27, 2006

July 27, 2006

Settlement Agreement
50

4:05-cv-01768

Final Judgment

Equal Employment Opportunity Commission v. Kroger Texas LP

July 27, 2006

July 27, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4396546/equal-employment-opportunity-commission-v-kroger-texas-lp/

Last updated Aug. 6, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Kroger Texas LP (Filing fee $ 0.) filed by Equal Employment Opportunity Commission.(lfilmore, ) Additional attachment(s) added on 5/17/2005 (kmurphy, ). (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

PACER
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/2/2005 at 09:30 AM in Room 8631 before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(kmurphy, ) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

PACER
3

SUMMONS Returned Executed. Kroger Texas LP served on 6/6/2005, answer due 6/27/2005, filed.(kmurphy, ) (Entered: 06/16/2005)

June 6, 2005

June 6, 2005

PACER
4

RETURN of Service Executed as to Kroger Texas LP on 6/6/05, filed.(psmith, ) (Entered: 06/17/2005)

June 16, 2005

June 16, 2005

PACER
5

ANSWER to Complaint by Kroger Texas LP, filed.(Spalding, James) (Entered: 06/24/2005)

June 24, 2005

June 24, 2005

PACER
6

CERTIFICATE OF INTERESTED PARTIES by Kroger Texas LP, filed.(Spalding, James) (Entered: 06/24/2005)

June 24, 2005

June 24, 2005

PACER
7

CERTIFICATE OF FINANCIALLY INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(rroberts, ) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

PACER
8

Opposed MOTION to Intervene by Subrena Tarver, Yolanda Washington, filed. Motion Docket Date 8/3/2005. (Attachments: # 1 Exhibit Exhibit A)(Moore, Melissa) (Entered: 07/14/2005)

1 Exhibit Exhibit A

View on PACER

July 14, 2005

July 14, 2005

PACER
9

First INTERVENOR COMPLAINT against Kroger Texas LP filed by Subrena Tarver, Yolanda Washington.(Moore, Melissa) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

PACER
10

RESPONSE to 8 Opposed MOTION to Intervene, filed by Kroger Texas LP. (Spalding, James) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

RECAP
11

JOINT Report of Meeting and joint DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, Kroger Texas LP, filed.(ncavazos, ) Modified on 8/19/2005 (ncavazos, ). (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

PACER
12

ORDER Resetting Scheduling Conference: The scheduling conference previously set for Sept 2, 2005 at 9:30 am has been reset for Sept 2, 2005 at 11 am. Parties may participate by telephone.( Signed by Judge Keith P Ellison ) Parties notified.(psmith, ) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

PACER
13

ORDER granting 8 Unopposed Motion to Intervene .( Signed by Judge Keith P Ellison ) Parties notified.(pfoster, ) (Entered: 09/01/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
15

Minute Entry for proceedings held before Judge Keith P Ellison. SCHEDULING CONFERENCE held on 9/2/2005. Parties will submit a proposed Scheduling Order. The Court gave the parties an August 14, 2006 trial date. Appearances:Rochelle Owens (by telephone), Rose Adewale-Mendes, James Bradley Spalding.(Court Reporter: Stephanie Carlisle) (Judicial Asst: Lynda Lerma), filed.(llerma) (Entered: 09/09/2005)

Sept. 2, 2005

Sept. 2, 2005

PACER
14

PROPOSED ORDER, filed.(Moore, Melissa) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

PACER
16

ANSWER to Intervenor Complaint by Kroger Texas LP, filed.(Spalding, James) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

PACER
17

MOTION to Compel Plaintiff The Equal Employment Opportunity Commission to Produce Documents by Kroger Texas LP, filed. Motion Docket Date 2/8/2006. (Attachments: # 1 Exhibit 1 & 2# 2 Proposed Order)(Spalding, James) (Entered: 01/19/2006)

1 Exhibit 1 & 2

View on PACER

2 Proposed Order

View on PACER

Jan. 19, 2006

Jan. 19, 2006

PACER
18

NOTICE of Appearance by Aimee L. McFerren on behalf of Equal Employment Opportunity Commission, filed. (ledwards, ) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

PACER
19

RESPONSE to 17 MOTION to Compel Plaintiff The Equal Employment Opportunity Commission to Produce Documents, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(mkallie, ) (Entered: 02/08/2006)

1 Proposed Order

View on PACER

Feb. 8, 2006

Feb. 8, 2006

PACER
20

Reply to Response to 17 MOTION to Compel Plaintiff The Equal Employment Opportunity Commission to Produce Documents, filed by Kroger Texas LP. (Gatling, Yvette) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

PACER
21

MOTION to Amend Scheduling Order by Equal Employment Opportunity Commission, filed. Motion Docket Date 3/15/2006. (Attachments: # 1 Proposed Order)(sguevara, ) (Entered: 02/24/2006)

1 Proposed Order

View on PACER

Feb. 23, 2006

Feb. 23, 2006

PACER
22

SURREPLY to 17 MOTION to Compel Plaintiff The Equal Employment Opportunity Commission to Produce Documents, filed by Equal Employment Opportunity Commission. (McFerren, Aimee) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
23

Opposed MOTION to Expedite Hearing on Motion to Amend Scheduling Order by Equal Employment Opportunity Commission, filed. Motion Docket Date 3/16/2006. (McFerren, Aimee) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
24

RESPONSE to 21 MOTION to Amend, 23 Opposed MOTION to Expedite Hearing on Motion to Amend Scheduling Order, filed by Kroger Texas LP. (Attachments: # 1 Proposed Order)(Spalding, James) (Entered: 02/27/2006)

1 Proposed Order

View on PACER

Feb. 27, 2006

Feb. 27, 2006

PACER
25

Amended RESPONSE to 21 MOTION to Amend, 23 Opposed MOTION to Expedite Hearing on Motion to Amend Scheduling Order, filed by Kroger Texas LP. (Attachments: # 1 Exhibit 1# 2 Proposed Order)(Spalding, James) (Entered: 02/27/2006)

1 Exhibit 1

View on PACER

2 Proposed Order

View on PACER

Feb. 27, 2006

Feb. 27, 2006

PACER
26

ORDER SETTING HEARING Miscellaneous Hearing set for 3/9/2006 at 10:00 AM at Room 8631 before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

PACER
27

Reply to Kroger's First Amended Response to 21 MOTION to Amend, Scheduling Order filed by Equal Employment Opportunity Commission. (ledwards, ) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

PACER
29

Minute Entry for proceedings held before Judge Keith P Ellison. Proceedings held on 3/9/2006. The Court will take under advisement. Appearances: Rose Adewale-Mendes, Aimee Lynn McFerren, Melissa Moore, James Bradley Spalding.(Court Reporter: Kathy Metzger)(Law Clerk: Christina Brown) (Judicial Asst: Lynda Lerma), filed.(llerma) (Entered: 03/16/2006)

March 9, 2006

March 9, 2006

PACER
28

MEMORANDUM AND ORDER granting 17 MOTION to Compel Plaintiff The Equal Employment Opportunity Commission to Produce Documents, granting in part, denying in part 21 MOTION to Amend, mooting 23 Opposed MOTION to Expedite Hearing on Motion to Amend Scheduling Order, Pltf Expert Report due by 4/14/2006 Deft Expert Report due by 5/14/2006 Discovery due by 6/16/2006. The EEOC is ORDERED to produce the EEO-1 Comopartive Report and EEO-1 Detailed Reports, in redacted form, to Kroger by Friday March 17, 2006. ( Signed by Judge Keith P Ellison ) Parties notified.(svaught) Modified on 3/13/2006 (svaught). (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

PACER
30

Unopposed MOTION for Protective Order by Kroger Texas LP, filed. Motion Docket Date 4/19/2006. (Attachments: # 1 Exhibit 1)(Spalding, James) (Entered: 03/30/2006)

1 Exhibit 1

View on PACER

March 30, 2006

March 30, 2006

PACER
31

AGREED PROTECTIVE ORDER.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 04/03/2006)

April 3, 2006

April 3, 2006

PACER
32

DESIGNATION OF EXPERT WITNESS LIST by Equal Employment Opportunity Commission, filed.(ledwards, ) (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

PACER
33

MOTION to Reopen Plaintiff-Intervenor Subrena Tarver's Deposition, MOTION to Compel Written Discovery Responses by Kroger Texas LP, filed. Motion Docket Date 5/10/2006. (Attachments: # 1 Exhibit 1-2# 2 Exhibit 3-6# 3 Proposed Order)(Spalding, James) (Entered: 04/20/2006)

1 Exhibit 1-2

View on PACER

2 Exhibit 3-6

View on PACER

3 Proposed Order

View on PACER

April 20, 2006

April 20, 2006

PACER
34

MOTION for Leave to File EEOC'S First Amended Original Complaint by Subrena L Tarver, Yolanda E Washington, Equal Employment Opportunity Commission, filed. Motion Docket Date 5/15/2006. (ejuarez, ) Additional attachment(s) added on 4/25/2006 (ejuarez, ). (Entered: 04/25/2006)

1 Exhibit A -

View on PACER

2 Proposed Order

View on PACER

April 24, 2006

April 24, 2006

PACER
35

TRANSCRIPT of hearing held on 3/9/06 before Judge Keith Ellison. Court Reporter: Kathy Metzger, filed. (cpeebles) Additional attachment(s) added on 8/15/2006 (tthompson, ). (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
36

NOTICE of Withdrawal re: 33 MOTION to Reopen Plaintiff-Intervenor Subrena Tarver's Deposition MOTION to Compel Written Discovery Responses MOTION to Reopen Plaintiff-Intervenor Subrena Tarver's Deposition MOTION to Compel Written Discovery Responses by Kroger Texas LP, filed. (Spalding, James) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

PACER
37

ORDER denying as moot 33 MOTION to Reopen Plaintiff-Intervenor Subrena Tarver's Deposition MOTION to Compel Written Discovery Responses MOTION to Reopen Plaintiff-Intervenor Subrena Tarver's Deposition MOTION to Compel Written Discovery Responses.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 05/04/2006)

May 3, 2006

May 3, 2006

PACER
38

Opposed MOTION for Leave to File Amended Complaint by Subrena L Tarver, Yolanda E Washington, filed. Motion Docket Date 5/30/2006. (Attachments: # 1 Exhibit Exhibit A)(Moore, Melissa) (Entered: 05/10/2006)

1 Exhibit Exhibit A

View on PACER

May 10, 2006

May 10, 2006

PACER
39

RESPONSE to 34 MOTION for Leave to File EEOC'S First Amended Original Complaint, 38 Opposed MOTION for Leave to File Amended Complaint, filed by Kroger Texas LP. (Attachments: # 1 Exhibit 1 and 2# 2 Exhibit 3, 4 and 5# 3 Proposed Order)(Gatling, Yvette) (Entered: 05/12/2006)

1 Exhibit 1 and 2

View on PACER

2 Exhibit 3, 4 and 5

View on PACER

3 Proposed Order

View on PACER

May 12, 2006

May 12, 2006

PACER
40

Joint NOTICE to Court by Subrena L Tarver, Yolanda E Washington, Equal Employment Opportunity Commission, Kroger Texas LP, filed. (jbradford, ) (Entered: 05/19/2006)

May 18, 2006

May 18, 2006

PACER
41

ORDER denying as moot 34 MOTION for Leave to File EEOC'S First Amended Original Complaint, 38 Opposed MOTION for Leave to File Amended Complaint.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

PACER
42

Letter from J. Bradley Spalding re: the finalization of the consent decree between the parties, filed. (svaught) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

PACER
43

ORDER setting Status Conference for 7/26/2006 at 11:00 AM in Courtroom 8C before Judge Keith P Ellison. Parties should be prepared to discuss their progress in finalizing the consent decree.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

PACER
44

Agreed MOTION to Enter Consent Decree by Equal Employment Opportunity Commission, Kroger Texas LP, filed. Motion Docket Date 8/14/2006. (sbyrum, ) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

PACER
45

PROPOSED ORDER re: 44 MOTION to Enter Consent Decree, filed.(sbyrum, ) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

PACER
46

STIPULATION of Dismissal witih Prejudice All Claims Against Defendant by Subrena L Tarver, Yolanda E Washington, Kroger Texas LP, Kroger Texas LP, filed. (Attachments: # 1 Proposed Order)(Spalding, James) (Entered: 07/24/2006)

1 Proposed Order

View on PACER

July 24, 2006

July 24, 2006

PACER
47

Letter from J. Bradley Spalding re: the agreed finalization of the consent decree, filed. (svaught) Additional attachment(s) added on 7/25/2006 (svaught, ). (Entered: 07/25/2006)

July 24, 2006

July 24, 2006

PACER
48

CONSENT DECREE .( Signed by Judge Keith P Ellison ) Parties notified.(espencer, ) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

PACER
49

ORDER OF DISMISSAL WITH PREJUDICE .( Signed by Judge Keith P Ellison ) Parties notified.(espencer, ) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

PACER
50

FINAL JUDGMENT. Case terminated on July 27, 2006.( Signed by Judge Keith P Ellison ) Parties notified.(espencer, ) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

PACER

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: May 17, 2005

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Kroger Texas L.P. (Houston), Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

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: 137500

Order Duration: 2006 - 2009

Content of Injunction:

Utilize objective hiring/promotion criteria

Discrimination Prohibition

Hire

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit