Case: EEOC v. Sears Roebuck

1:04-cv-07282 | U.S. District Court for the Northern District of Illinois

Filed Date: Nov. 10, 2004

Closed Date: 2012

Clearinghouse coding complete

Case Summary

In November 2004, the EEOC's Chicago District Office filed suit in United States District Court, Northern District of Illinois, against Sears Roebuck and Company, alleging a violation of the Americans with Disabilities Act. According to the complaint, Sears Roebuck failed to live up to its obligations under the ADA to make reasonable accommodations when it enacted an inflexible company policy mandating a maximum of one year leave time and refused to grant exceptions for employees with disabilit…

In November 2004, the EEOC's Chicago District Office filed suit in United States District Court, Northern District of Illinois, against Sears Roebuck and Company, alleging a violation of the Americans with Disabilities Act. According to the complaint, Sears Roebuck failed to live up to its obligations under the ADA to make reasonable accommodations when it enacted an inflexible company policy mandating a maximum of one year leave time and refused to grant exceptions for employees with disabilities.

Sears Roebuck moved to dismiss the case, but the motion was denied. On March 14, 2008, the parties notified the court that they would participate in mediation. The parties held settlement discussions while still undergoing discovery, and advised the court in the summer of 2009 that they had reached a settlement.

On September 29, 2009, Judge Wayne R. Andersen signed an order approving a consent decree. The consent decree required Sears to make payment to individual claimants from a $6.2 million Qualified Settlement Fund, prohibited it from discriminating against employees by not providing reasonable accommodations and from retaliating against employees who made allegations of discrimination, and required it to provide training to human resources personnel. The order also required Sears to post notice of the decree to its employees, and required detailed record keeping and reporting. Finally, the order required revision of Sears’ workers compensation policies. Each party bore its own costs and attorneys’ fees.

The consent decree lasted for three years, and the matter appears to be closed.

Summary Authors

Jason Chester (5/23/2008)

Alexandra Gilewicz (3/25/2018)

People


Judge(s)

Andersen, Wayne R. (Illinois)

Attorneys(s) for Plaintiff

Cohen, Ethan M.M. (Illinois)

DeCamp, Aaron (Illinois)

Gochanour, Gregory M. (Illinois)

Hamilton, Deborah Lois (Illinois)

Hendrickson, John C. (Illinois)

Attorneys(s) for Defendant

Alikhan, Saira Janine (Illinois)

Bess, Amy L. (District of Columbia)

Devaney, Deborah A. (Illinois)

Fain, Lisa Zachary (Illinois)

Judge(s)

Andersen, Wayne R. (Illinois)

Attorneys(s) for Plaintiff

Cohen, Ethan M.M. (Illinois)

DeCamp, Aaron (Illinois)

Gochanour, Gregory M. (Illinois)

Hamilton, Deborah Lois (Illinois)

Hendrickson, John C. (Illinois)

Attorneys(s) for Defendant

Alikhan, Saira Janine (Illinois)

Bess, Amy L. (District of Columbia)

Devaney, Deborah A. (Illinois)

Fain, Lisa Zachary (Illinois)

Farah, Mariam Abdullahi (Illinois)

Goldman, Jeffrey S. (Illinois)

Gonsalves, Terance A. (Illinois)

King, Christopher Qualley (Illinois)

Linsenmaier, Samuel Phillip (Illinois)

Schlueter, Tobias Edward (Illinois)

Tesher, Ariel J. (Illinois)

Wallace, Christopher A. (Illinois)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Sears Roebuck & Co

Feb. 4, 2010 Docket
1

Complaint

EEOC v. Sears Roebuck & Co

Nov. 10, 2004 Complaint
8

Statement [Order on Motion to Dismiss]

EEOC v. Sears Roebuck & Co

July 22, 2005 Order/Opinion

Federal Court Says EEOC Disability Bias Lawsuit Against Sears Roebuck to Proceed

EEOC v. Sears, Roebuck & Co.

No Court

Aug. 2, 2005 Press Release

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Ethan M.M. Cohen, Gregory M. Gochanour, John C. Hendrickson as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: 1−1 through 1−3) (cdy) (Entered: 11/10/2004)

Nov. 10, 2004
2

ATTORNEY APPEARANCE for defendant by Deborah A. Devaney, Jeffrey S. Goldman, Lisa Zachary Fain (cdy) (Entered: 01/04/2005)

Jan. 3, 2005
3

DEMAND for jury trial by defendant (cdy) (Entered: 01/11/2005)

Jan. 10, 2005
4

MOTION by defendant to dismiss the complaint and suggested briefing schedule ; Memorandum in support ; Notice (las) Modified on 01/11/2005 (Entered: 01/11/2005)

Jan. 10, 2005
5

MINUTE entry before Judge Wayne R. Andersen : Set deadlines/hearing as to motion to dismiss, motion by filer to set a briefing schedule 4 : Responses due by 2/18/2005 Replies due by 3/4/2005. Ruling will be made by mail. Mailed notice. (tsa, ) (Entered: 01/20/2005)

Jan. 20, 2005
6

RESPONSE by plaintiff EEOC to defendant's Rule 12(b)(6) motion to dismiss 4 .(lcw, Lakisha) (Entered: 02/23/2005)

Feb. 18, 2005
7

REPLY MEMORANDUM OF LAW by defendant Sears Roebuck & Company of its motion to dismiss the complaint 4 ; Exhibits. (cdy, ) Modified on 7/26/2006 (ym, ). (Entered: 03/08/2005)

March 4, 2005
8

MINUTE entry before Judge Wayne R. Andersen : The Court denies defendant's motion to dismiss 4 . Defendant's motion for a suggested briefing schedule 4 was granted. See Minute Order of January 20, 2005. Mailed notice (cdy, ) (Entered: 07/28/2005)

July 22, 2005
9

ANSWER to Complaint and Defenses by Sears Roebuck & Company(Devaney, Deborah) (Entered: 08/11/2005)

Aug. 11, 2005
10

MOTION by Plaintiff Equal Employment Opportunity Commission for hearing to schedule initial status (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Cohen, Ethan) (Entered: 06/30/2006)

June 30, 2006
11

NOTICE of Motion by Ethan M.M. Cohen for presentment of motion for hearing 10 before Honorable Arlander Keys on 7/17/2006 at 09:30 AM. (Cohen, Ethan) (Entered: 06/30/2006)

June 30, 2006
12

MOTION by Plaintiff Equal Employment Opportunity Commission for hearing re MOTION by Plaintiff Equal Employment Opportunity Commission for hearing to schedule initial status 10 (Cohen, Ethan) (Entered: 07/05/2006)

July 5, 2006
13

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Aaron R. DeCamp (DeCamp, Aaron) (Entered: 07/06/2006)

July 6, 2006
14

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Arlander Keys for all discovery motions and discovery supervision. Signed by Judge Executive Committee on 7/10/06. (mjc, ) (Entered: 07/12/2006)

July 10, 2006
15

MINUTE entry before Judge Arlander Keys : Status hearing set for 7/19/2006 at 09:00 AM. in courtroom 2230. (ac, ) (Entered: 07/12/2006)

July 12, 2006
16

MINUTE entry before Judge Arlander Keys : Plaintiff's motion for hearing is entered and continued to 7/19/2006 at 09:00 AM. in room 2230 10 , 12 . (ac, ) (Entered: 07/13/2006)

July 13, 2006
17

RESPONSE by Sears Roebuck & Company to MOTION by Plaintiff Equal Employment Opportunity Commission for hearing re MOTION by Plaintiff Equal Employment Opportunity Commission for hearing to schedule initial status 10 12 (Devaney, Deborah) (Entered: 07/17/2006)

July 17, 2006
18

MINUTE entry before Judge Arlander Keys : Plaintiff Equal Employment Opportunity Commission's motion for hearing to schedule initial status is granted 10 . Status hearing held; continued to 9/6/06 at 9:00 a.m. The parties are to enter into an agreed proposed scheduling order and submit it to the Court prior to the next scheduled status hearing. Mailed notice (mjc, ) (Entered: 07/21/2006)

July 19, 2006
19

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Christopher A Wallace (Wallace, Christopher) (Entered: 07/21/2006)

July 21, 2006
20

MINUTE entry before Judge Arlander Keys : Status hearing held; continued to 11/8/2006 at 9:00 a.m. Mailed notice (mjc, ) Modified on 9/18/2006 (ac, ). (Entered: 09/08/2006)

Sept. 6, 2006
21

MINUTE entry before Judge Arlander Keys : Status hearing held; continued to 1/10/07 at 9:00 a.m. Discovery is proceeding. Mailed notices (gcy, ) (Entered: 11/13/2006)

Nov. 8, 2006
24

NOTICE by Christopher A Wallace attorney for the defendant of Change of Address. (gcy, ) (Entered: 01/17/2007)

Jan. 8, 2007
23

MINUTE entry before Judge Arlander Keys : Status hearing held; continued to 3/12/07 at 9:00 a.m. Discovery is proceeding. Mailed notices (gcy, ) (Entered: 01/12/2007)

Jan. 10, 2007
25

MOTION by Defendant Sears Roebuck & CompanyLeave to Withdraw Certain Counsel of Record (Fain, Lisa) (Entered: 01/26/2007)

Jan. 26, 2007
26

NOTICE of Motion by Lisa Zachary Fain for presentment of motion for miscellaneous relief 25 before Honorable Wayne R. Andersen on 2/1/2007 at 09:00 AM. (Fain, Lisa) (Entered: 01/26/2007)

Jan. 26, 2007
27

MINUTE entry before Judge Wayne R. Andersen : Defendant's motion for leave to withdraw certain counsel of record 25 is granted. Jeffrey S. Goldman and Christopher A. Wallace are given leave to withdraw appearances. Mailed notices (gcy, ) (Entered: 02/06/2007)

Feb. 1, 2007
28

MINUTE entry before Judge Arlander Keys : Status hearing held; continued to 4/27/07 at 9:00 a.m. Discovery is proceeding. Mailed notices (gcy, ) (Entered: 03/15/2007)

March 12, 2007
29

MINUTE entry before Judge Arlander Keys : Magistrate Judge status hearing held on 4/27/2007. At the request of the parties, Court will hold a case management planning meeting in chambers with all parties present on 5/17/07 at 9:00 a.m. Mailed notices (gcy, ) (Entered: 04/30/2007)

April 27, 2007
30

MINUTE entry before Judge Arlander Keys : Discovery planning meeting held in chambers with the parties. To date, the EEOC has conducted interviews with hundreds of potential class members pursuant to which it has determined that approximately 350 people should be included in the class. The Defendant and EEOC have agreed on the discovery requestes regarding 31 individuals. The Defendant will furnish relevant information to the EEOC regarding these 31 individuals and it is expected that most of the discovery regarding these 31 individuals (not including depositions) will be concluded by the end of September, 2007. Thereafter, the parties will be in a better position to estimate how long it will take to complete the discovery on the remaining individuals. Discovery regarding the Defendant's policy itself will also be on−going during this period. Status hearing set for 7/27/2007 at 09:00 AM.Mailed notices (gcy, ) (Entered: 05/21/2007)

May 17, 2007
31

MINUTE entry before Judge Arlander Keys :Status hearing set for 7/27/07 is reset to 8/8/2007 at 09:00 AM.(ac, ) (Entered: 08/03/2007)

July 27, 2007
32

MINUTE entry before Judge Arlander Keys :Magistrate Judge Status hearing held on 8/8/2007. The Parties appeared and informed the Court that discovery is proceeding. (ac, ) (Entered: 08/29/2007)

Aug. 8, 2007
34

EXECUTIVE COMMITTEE ORDER:Case referred to magistrate judge Susan E. Cox. (See order for details). Signed by Judge Executive Committee on 8/27/07. Mailed notice (emd, ) (Entered: 08/31/2007)

Aug. 27, 2007
33

MINUTE entry before Judge Susan E. Cox :Initial status hearing set for 9/12/07 at 9:45 a.m. in Courtroom 1342. The parties are directed to review and to comply with Judge Cox's Order Setting Initial Status Report for Cases Assigned to Judge Cox. Copies are available in chambers or through Judge Cox's web page at www.ilnd.uscourts.gov. Mailed notice (vkd, ) (Entered: 08/30/2007)

Aug. 30, 2007
35

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Christopher Qualley King (King, Christopher) (Entered: 09/10/2007)

Sept. 10, 2007
36

MINUTE entry before Judge Susan E. Cox : Status hearing held; continued to 11/1/07 at 9:30 a.m. The parties are proceeding with informal class member discovery. Mailed notice (vkd, ) (Entered: 09/12/2007)

Sept. 12, 2007
37

MOTION by counsel for Defendant Sears Roebuck & Company to withdraw as attorney Motion for Leave to Withdraw Certain Counsel of Record (Fain, Lisa) (Entered: 09/19/2007)

Sept. 19, 2007
39

MINUTE entry before Judge Wayne R. Andersen : Defendant Sears motion for leave to withdraw certain counsel of record 37 is granted. Deborah A. Devaney is given leave to withdraw her appearance. Mailed notices (gcy, ) (Entered: 10/01/2007)

Sept. 27, 2007
40

MOTION by Defendant Sears Roebuck & Company for protective order Agreed Motion For Entry Of Protective Order (Attachments: # 1 Exhibit Exhibit A to Agreed Motion For Entry of Protective Order)(Fain, Lisa) (Entered: 10/15/2007)

Oct. 15, 2007
41

NOTICE of Motion by Lisa Zachary Fain for presentment of motion for protective order 40 before Honorable Susan E. Cox on 10/18/2007 at 09:30 AM. (Fain, Lisa) (Entered: 10/15/2007)

Oct. 15, 2007
42

MINUTE entry before Judge Susan E. Cox :Motion for protective order 40 is entered and continued. Hearing on motion for protective order 40 set for 11/1/07 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 10/18/2007)

Oct. 18, 2007
43

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Lisa Zachary Fain Attorney appearance (Fain, Lisa) (Entered: 10/23/2007)

Oct. 23, 2007
44

MINUTE entry before Judge Susan E. Cox : Status hearing held. Motion hearing held. Parties report on status of discovery. Defendant's motion for entry of Agreed Protective Order 40 is withdrawn. For the reasons stated in open court, the parties will submit revised Agreed Protective Order for the Court's approval. Status hearing set for 12/12/07 at 9:30 a.m. for a report of discovery efforts. Mailed notice (vkd, ) (Entered: 11/01/2007)

Nov. 1, 2007
45

MINUTE entry before Judge Susan E. Cox :Magistrate Judge Status hearing held and continued to 3/10/2008 at 09:30 AM. The court adopts the parties proposed discovery schedule. (draft discovery schedule order to be submitted) Defendant's oral motion for entry of a protective order is granted.Advised in open court (jms, ) (Entered: 12/12/2007)

Dec. 12, 2007
46

PROTECTIVE ORDER Signed by Judge Susan E. Cox on 12/12/2007:(gcy, ) (Entered: 12/17/2007)

Dec. 12, 2007
47

MINUTE entry before Judge Susan E. Cox : Enter Order Regarding Discovery Plan. Fact discovery ordered closed by 12/31/2010. For further detail see separate order. Mailed notice by judge's staff. (srb,) (Entered: 01/11/2008)

Jan. 10, 2008
48

ORDER REGARDING DISCOVERY PLAN Signed by Judge Susan E. Cox on 1/10/2008.(srb,) (Entered: 01/11/2008)

Jan. 10, 2008
49

MINUTE entry before Judge Susan E. Cox : Pursuant to a telephonic request by the parties, status hearing set for 3/10/08 at 9:30 a.m. is stricken and reset to 3/14/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 03/05/2008)

March 5, 2008
50

MINUTE entry before Judge Susan E. Cox :Status hearing held on 3/14/2008. Parties informed the Court regarding the parties plan to participate in mediation. Status hearing set for 4/23/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 03/14/2008)

March 14, 2008
51

DOCKETED TO INCORRECT CASE. The pdf has been replaced. Modified on 4/24/2008 (vkd, ). (Entered: 04/23/2008)

April 23, 2008
52

NOTICE of correction regarding Document #51. Document docketed to incorrect case. (vkd, ) (Entered: 04/23/2008)

April 23, 2008
53

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Parties advised the Court they will participate in mediation while their discovery is continuing. Status hearing set for 7/9/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 04/23/2008)

April 23, 2008
54

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Ariel J. Tesher (Tesher, Ariel) (Entered: 06/02/2008)

June 2, 2008
56

NOTICE by Ethan M.M. Cohen of Change of Address (Cohen, Ethan) (Entered: 07/16/2008)

July 16, 2008
57

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Amy L. Bess (Bess, Amy) (Entered: 07/17/2008)

July 17, 2008
58

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. The Court was advised of the status of discovery and that the parties are working diligently regarding the expected number of possible claimants. Status hearing set for 11/12/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 09/16/2008)

Sept. 15, 2008
59

MOTION by Plaintiff Equal Employment Opportunity Commission to compel Employee Contact Information (Attachments: # 1 Exhibit)(Hamilton, Deborah) (Entered: 09/29/2008)

Sept. 29, 2008
60

NOTICE of Motion by Deborah Lois Hamilton for presentment of motion to compel 59 before Honorable Susan E. Cox on 10/2/2008 at 09:30 AM. (Hamilton, Deborah) (Entered: 09/29/2008)

Sept. 29, 2008
61

MOTION by Plaintiff Equal Employment Opportunity Commission to compel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(DeCamp, Aaron) (Entered: 09/29/2008)

Sept. 29, 2008
62

NOTICE of Motion by Aaron R. DeCamp for presentment of motion to compel 61 before Honorable Susan E. Cox on 10/2/2008 at 09:30 AM. (DeCamp, Aaron) (Entered: 09/29/2008)

Sept. 29, 2008
63

MINUTE entry before the Honorable Susan E. Cox: Motion hearing held 10/2/08. Plaintiff's motion to compel Employee Contact Information 59 is granted in part. Defendant has until 10/14/08 to provide plaintiff with contact information for unrepresented former managers of the defendant corporation in response to Interrogatory No. 7. Plaintiff will refrain from asking those former employees about conversations with Sears' attorneys. Defendant is given until 10/17/08 to determine which employees are current managers and, thereafter, are to provide contact information to plaintiff for those employees who are in fact not managers, in response to Interrogatory No. 7. Motion 61 is entered and continued. Parties are directed to further discuss the issues raised in plaintiff's motion, and pursuant to representations made in Court, the parties will alter the sequencing of the deposition schedule as necessary. Status hearing set for 10/16/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 10/03/2008)

Oct. 2, 2008
64

MOTION by Plaintiff Equal Employment Opportunity Commission to compel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(DeCamp, Aaron) (Entered: 10/10/2008)

Oct. 10, 2008
65

NOTICE of Motion by Aaron R. DeCamp for presentment of motion to compel 64 before Honorable Susan E. Cox on 10/16/2008 at 09:30 AM. (DeCamp, Aaron) (Entered: 10/10/2008)

Oct. 10, 2008
66

RESPONSE by Sears Roebuck & Companyin Opposition to MOTION by Plaintiff Equal Employment Opportunity Commission to compel 64 Interrogatory No. 6. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Fain, Lisa) (Entered: 10/15/2008)

Oct. 15, 2008
67

MINUTE entry before the Honorable Susan E. Cox: Motion hearing held. Status hearing held. Plaintiff's motion to compel 64 regarding Interrogatory No. 6 is granted. Defendant Sears Roebuck & Company is given until 11/6/08 to comply with Interrogatory No. 6 as outlined in open court. Plaintiff's motion to compel 61 is terminated as moot. Status hearing set for 11/12/08 at 9:30 a.m. is stricken. Status hearing set for 12/17/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 10/17/2008)

Oct. 16, 2008
68

TRANSCRIPT OF PROCEEDINGS held on 9/15/2008 before the Honorable Susan E. Cox. Court Reporter Contact Information: Riki Schatell, 773−728−7281, schatell@sbcglobal.net. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/7/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/15/2009. (cem, ) (Entered: 10/20/2008)

Oct. 17, 2008
69

MOTION by Plaintiff Equal Employment Opportunity Commission to compel To Determine the Sufficiency Of Sears Answers To EEOCs First Request To Admit And To Deem the Requests Admitted (Attachments: # 1 Exhibit Request to Admit Facts, # 2 Exhibit Sears' Admissions, # 3 Exhibit SNR Letter to EEOC, # 4 Exhibit Accommodation Log, # 5 Exhibit EEOC letter to Sears)(Cohen, Ethan) (Entered: 10/27/2008)

Oct. 27, 2008
70

NOTICE of Motion by Ethan M.M. Cohen for presentment of motion to compel, 69 before Honorable Susan E. Cox on 10/30/2008 at 09:30 AM. (Cohen, Ethan) (Entered: 10/27/2008)

Oct. 27, 2008
71

MOTION by Plaintiff Equal Employment Opportunity Commission for discovery Exhibit 3 to Motion to Determine Sufficiency of Sears' Answers to EEOC's First Request to Admit (Elkin, Laurie) (Entered: 10/28/2008)

Oct. 28, 2008
72

RESPONSE by Sears Roebuck & Company to MOTION by Plaintiff Equal Employment Opportunity Commission to compel To Determine the Sufficiency Of Sears Answers To EEOCs First Request To Admit And To Deem the Requests Admitted 69 (Fain, Lisa) (Entered: 10/29/2008)

Oct. 29, 2008
73

MINUTE entry before the Honorable Susan E. Cox: Motion hearing held. Parties having engaged in a conference outside the presence of the Court, Plaintiff's motion to compel to determine the sufficiency of Sears' answers to EEOC's first request to admit and to deem the requests admitted 69 and Plaintiff's motion to compel to determine the sufficiency of Sears' answers to EEOC's first request to admit 71 are granted in part as outlined in open court. Status hearing date of 12/17/08 at 9:30 a.m. to stand. Mailed notice (vkd, ) (Entered: 10/30/2008)

Oct. 30, 2008
74

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Tobias Edward Schlueter (Schlueter, Tobias) (Entered: 11/03/2008)

Nov. 3, 2008
75

MOTION by Defendant Sears Roebuck & Company for protective order DEFENDANT'S MOTION FOR ENTRY OF PROTECTIVE ORDER TO LIMIT DISCOVERY INTO PRIVILEGED COMMUNICATIONS HAD PURSUANT TO LEAVE POLICIES (Schlueter, Tobias) (Entered: 11/03/2008)

Nov. 3, 2008
76

NOTICE of Motion by Tobias Edward Schlueter for presentment of motion for protective order 75 before Honorable Susan E. Cox on 11/6/2008 at 09:30 AM. (Schlueter, Tobias) (Entered: 11/03/2008)

Nov. 3, 2008
77

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Deborah Lois Hamilton (Hamilton, Deborah) (Entered: 11/04/2008)

Nov. 4, 2008
78

RESPONSE by Equal Employment Opportunity Commissionin Opposition to MOTION by Defendant Sears Roebuck & Company for protective order DEFENDANT'S MOTION FOR ENTRY OF PROTECTIVE ORDER TO LIMIT DISCOVERY INTO PRIVILEGED COMMUNICATIONS HAD PURSUANT TO LEAVE POLICIES 75 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(DeCamp, Aaron) (Entered: 11/05/2008)

Nov. 5, 2008
79

NOTICE by Equal Employment Opportunity Commission re response in opposition to motion, 78 (DeCamp, Aaron) (Entered: 11/05/2008)

Nov. 5, 2008
80

MINUTE entry before the Honorable Susan E. Cox: Case called for motion hearing. Defendant's motion for entry of protective order to limit discovery into privileged communications had pursuant to leave policies 75 is taken under advisement. Ruling to be made by mail. Mailed notice (vkd, ) (Entered: 11/06/2008)

Nov. 6, 2008
82

MOTION by Defendant Sears Roebuck & Company for reconsideration or clarification of the Court's November 18, 2008 Order (Schlueter, Tobias) (Entered: 11/26/2008)

Nov. 26, 2008
83

NOTICE of Motion by Tobias Edward Schlueter for presentment of motion for reconsideration 82 before Honorable Susan E. Cox on 12/4/2008 at 09:30 AM. (Schlueter, Tobias) (Entered: 11/26/2008)

Nov. 26, 2008
84

RESPONSE by Equal Employment Opportunity Commissionin Opposition to MOTION by Defendant Sears Roebuck & Company for reconsideration or clarification of the Court's November 18, 2008 Order 82 (Attachments: # 1 Exhibit)(Elkin, Laurie) (Entered: 12/03/2008)

Dec. 3, 2008
85

MINUTE entry before the Honorable Susan E. Cox: Motion hearing held. Defendant's motion for reconsideration or clarification of the Court's 11/18/08 order 82 is denied as moot. Defendant has advised Plaintiff of their position and are proceeding in accordance with the Court's order. Mailed notice (vkd, ) (Entered: 12/05/2008)

Dec. 4, 2008
86

MOTION by Plaintiff Equal Employment Opportunity Commission to compel Deem Facts Admitted (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service, # 5 Notice of Filing)(Cohen, Ethan) (Entered: 12/08/2008)

Dec. 8, 2008
87

NOTICE of Motion by Ethan M.M. Cohen for presentment of motion to compel 86 before Honorable Susan E. Cox on 12/11/2008 at 09:30 AM. (Cohen, Ethan) (Entered: 12/08/2008)

Dec. 8, 2008
88

MOTION by Plaintiff Equal Employment Opportunity Commission for rule to show cause (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Certificate of Service, # 10 Notice of Filing)(Cohen, Ethan) (Entered: 12/08/2008)

Dec. 8, 2008
89

NOTICE of Motion by Ethan M.M. Cohen for presentment of motion for rule to show cause, 88 before Honorable Susan E. Cox on 12/11/2008 at 09:30 AM. (Cohen, Ethan) (Entered: 12/08/2008)

Dec. 8, 2008
90

RESPONSE by Sears Roebuck & Company to MOTION by Plaintiff Equal Employment Opportunity Commission to compel Deem Facts Admitted 86 Defendant Sears, Roebuck & Co.'s Response to Plaintiff EEOC's Second Motion to Determine the Sufficiency of Sears' Answers to EEOC's First Request to Admit and to Deem the Requests Admitted (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Schlueter, Tobias) (Entered: 12/10/2008)

Dec. 10, 2008
91

MOTION by Defendant Sears Roebuck & Company to set a briefing schedule on Plaintiff EEOC's Motion [Doc. #88] for an Order to Show Cause as to Why Defendant Sears Should Not Be Found in Contempt of this Court's October 16, 2008 Order Compelling Defendant Sears to Answer Interrogatory No. 6 (Schlueter, Tobias) (Entered: 12/10/2008)

Dec. 10, 2008
92

RESPONSE by Defendant Sears Roebuck & Company to motion for rule to show cause, 88 Defendant Sears, Roebuck & Co.'s Request for Briefing Schedule on Plaintiff EEOC's Motion [Doc. #88] for an Order to Show Cause as to Why Defendant Sears Should Not be Found in Contempt of this Court's October 16, 2008 Order Compelling Defendant Sears to Answer Interrogatory No. 6 (Schlueter, Tobias) (Entered: 12/10/2008)

Dec. 10, 2008
93

MINUTE entry before the Honorable Susan E. Cox: Case called for motion hearing. The parties agreed to meet and confer regarding the possible resolution of Plaintiff's motion to compel 86 and Defendant's motion to set a briefing schedule 91 on Plaintiff's motion for rule to show cause 88 . The Parties contacted the Court via telephone. The Court was advised that the parties have been working diligently throughout the day toward resolution of the pending motions. The parties expect to advise the Court of their progress at the next scheduled status hearing set for 12/17/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 12/12/2008)

Dec. 11, 2008
98

TRANSCRIPT OF PROCEEDINGS held on 10/30/08 before the Honorable Susan E. Cox. Court Reporter Contact Information: Riki Schatell, 773−728−7281, Schatell@sbcglobal.net. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/5/2009. Redacted Transcript Deadline set for 1/15/2009. Release of Transcript Restriction set for 3/16/2009. (rp, ) (Entered: 12/22/2008)

Dec. 15, 2008
99

TRANSCRIPT OF PROCEEDINGS held on 10/16/08 before the Honorable Susan E. Cox. Court Reporter Contact Information: Riki Schatell, 773−728−7281, Schatell@sbcglobal.net. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/5/2009. Redacted Transcript Deadline set for 1/15/2009. Release of Transcript Restriction set for 3/16/2009. (rp, ) (Entered: 12/22/2008)

Dec. 15, 2008
94

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Saira Janine Alikhan (Alikhan, Saira) (Entered: 12/16/2008)

Dec. 16, 2008
95

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Mariam Abdullahi Farah (Farah, Mariam) (Entered: 12/16/2008)

Dec. 16, 2008
96

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. The Parties advised the Court of the status of discovery. Based on the parties' intention to file a stipulation, Plaintiff's motion to determine the sufficiency of Sears' Amended Answers to EEOC's First Request to Admit and to Deem the Requests Admitted 86 and Plaintiff's motion for an Order to Show Cause as to why Defendant Sears should not be found in Contempt of this Court's 10/16/08 Order compelling Defendant Sears to Answer Interrogatory No. 6 88 are terminated as moot. Defendant's motion to set a briefing schedule on Plaintiff's motion for an order to show cause 91 is terminated as moot. Status hearing set for 1/26/09 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 12/18/2008)

Dec. 17, 2008
100

STIPULATION regarding order on motion to compel, order on rule to show cause, order on motion to set a briefing schedule, magistrate judge status hearing, set/reset hearings,,,,,,,,,,,,,,, 96 Joint agreement of the parties (King, Christopher) (Entered: 12/24/2008)

Dec. 24, 2008
101

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Tery A Gonsalves (Gonsalves, Tery) (Entered: 01/09/2009)

Jan. 9, 2009
103

NOTICE of Motion by Lisa Zachary Fain for presentment of motion to withdraw as attorney 102 before Honorable Wayne R. Andersen on 1/15/2009 at 09:00 AM. (Fain, Lisa) (Entered: 01/09/2009)

Jan. 9, 2009
104

MOTION by Defendant Sears Roebuck & Company for protective order Agreed Motion for Entry of an Amended Protective Order (Schlueter, Tobias) (Entered: 01/13/2009)

Jan. 13, 2009
105

Notice of Motion for Entry of Amended Protective Order NOTICE of Motion by Tobias Edward Schlueter for presentment of motion for protective order 104 before Honorable Susan E. Cox on 1/22/2009 at 09:30 AM. (Schlueter, Tobias) (Entered: 01/13/2009)

Jan. 13, 2009
106

MINUTE entry before the Honorable Wayne R. Andersen:Defendant's motion for leave to withdraw certain counsel of record 102 is granted. Lisa Z. Fain is given leave to withdraw her appearance. Agreed motion for protective order 104 is granted. Mailed notice (tsa, ) (Entered: 01/15/2009)

Jan. 15, 2009

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Nov. 10, 2004

Closing Date: 2012

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

Sears Roebuck & Company (Chicago), Private Entity/Person

Sears Roebuck & Company (Chicago), Private Entity/Person

Defendant Type(s):

Retailer

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

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

None yet

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 6,200,000

Order Duration: 2009 - 2012

Content of Injunction:

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reasonable Accommodation

Recordkeeping

Retaliation Prohibition

Training

Issues

General:

Disparate Treatment

Reasonable Accommodations

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Type of Facility:

Non-government for profit

EEOC-centric:

Direct Suit on Merits