Case: EEOC v. K-MART CORPORATION

2:98-cv-01200 | U.S. District Court for the District of Arizona

Filed Date: June 30, 1998

Closed Date: April 6, 1999

Clearinghouse coding complete

Case Summary

The EEOC's Phoenix office filed this suit on June 30, 1998 in the U.S. District Court for the District of Arizona against Kmart Corporation. The complaint alleged discrimination on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964. Complainant specifically alleged that she and a class of females were sexually harassed. Complainant additionally alleged that she was terminated in retaliation for opposing these discriminatory practices. The parties reached an agreement a…

The EEOC's Phoenix office filed this suit on June 30, 1998 in the U.S. District Court for the District of Arizona against Kmart Corporation. The complaint alleged discrimination on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964. Complainant specifically alleged that she and a class of females were sexually harassed. Complainant additionally alleged that she was terminated in retaliation for opposing these discriminatory practices.

The parties reached an agreement at a settlement conference on January 20, 1999. On March 6, 1999 the case was dismissed. Within the settlement agreement, defendant agreed to provide sexual harassment training to all employees at the level of supervisor or above, to reissue it's sexual harassment policy to all employees, and to post notice of the District Team Manager's presence within the store, to allow for complaints to be made. Defendant additionally agreed to pay $15,000 to the two claimants, to expunge the claimants personal record, and to provide a neutral reference. Lastly, this settlement agreement has a duration of 2 years.

Summary Authors

Keri Livingston (2/21/2008)

Related Cases

EEOC v. JPI Partners LLC, District of Arizona (2002)

Documents in the Clearinghouse

Document

2:98-cv-01200

Docket [PACER]

EEOC v. K-Mart Corporation

April 6, 1999

April 6, 1999

Docket
1

2:98-cv-01200

Complaint

EEOC v. K-MART Corporation

June 30, 1998

June 30, 1998

Complaint
28

2:98-cv-01200

Stipulation and Order of Dismissal

EEOC v. K-Mart Corporation

April 5, 1999

April 5, 1999

Order/Opinion

Resources

Docket

Last updated July 20, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (MAP) (Entered: 07/01/1998)

June 30, 1998

June 30, 1998

2

RETURN OF SERVICE EXECUTED by leaving copy w/Kathy Cheshire for dft K-Mart Corporation on 7/17/98 (MAP) (Entered: 07/28/1998)

July 22, 1998

July 22, 1998

3

ANSWER by dft K-Mart Corporation (MAP) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

4

ATTORNEY APPEARANCE for dft K-Mart Corporation by Carla G DeQuick (MAP) (Entered: 08/18/1998)

Aug. 13, 1998

Aug. 13, 1998

5

NOTICE by dft K-Mart Corporation of Service of Attorney Appearance (MAP) (Entered: 08/18/1998)

Aug. 13, 1998

Aug. 13, 1998

6

ORDER SETTING SCHEDULING CONFERENCE by Judge Roslyn O. Silver ; prel scheduling conf set for 3:00 10/26/98 (cc: all counsel) (MAP) (Entered: 08/18/1998)

Aug. 18, 1998

Aug. 18, 1998

7

PROPOSED CASE Management Plan (MAP) (Entered: 10/26/1998)

Oct. 19, 1998

Oct. 19, 1998

8

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances: Patricia Kirtley, Walter Connoly (telephonic), Clara DeQuick (telephonic). Preliminary scheduling conference held. Ptys are to meet and confer to reach an agreement to establish discovery. Ptys agree to a magistrate judge for settlement conference. Magistrate Judge Virginia Mathis is drawn. Ptys are to contact Magistrate Judge Mathis at 514-7240 for a hearing date and time. Ptys are to submit the rule 16 Order by 11/6/98. [cc: counsel/VAM/MCC/ JS [8-2] (former emp) Modified on 10/29/1998 (Entered: 10/29/1998)

Oct. 26, 1998

Oct. 26, 1998

9

TRANSCRIPT of Scheduling Conference by Court Reporter: Gary Moll for the following date(s): 10/26/98 (MAP) (Entered: 11/10/1998)

Nov. 6, 1998

Nov. 6, 1998

10

NOTICE by pla EEOC of Service of Pla's EEOC's Initial Rule 26(a)(1) Disclosure Stmt (MAP) (Entered: 11/13/1998)

Nov. 12, 1998

Nov. 12, 1998

11

RULE 16 SCHEDULING ORDER by Judge Roslyn O. Silver discovery due 4/6/99 ; dispositive motions due 5/17/99 ; pretrial order due 7/16/99 (cc: all counsel) (MAP) (Entered: 11/13/1998)

Nov. 13, 1998

Nov. 13, 1998

12

NOTICE by dft K-Mart Corporation of Service of Initial Rule 26(a)(1) Disclosure Stmt (MAP) (Entered: 11/20/1998)

Nov. 16, 1998

Nov. 16, 1998

14

NOTICE by dft K-Mart Corporation of Service of discovery (MAP) (Entered: 11/25/1998)

Nov. 24, 1998

Nov. 24, 1998

15

NOTICE of service of 1st supplemental Rule 26(a)(1) disclosure statement by pla EEOC (MAP) (Entered: 11/25/1998)

Nov. 25, 1998

Nov. 25, 1998

16

NOTICE by pla EEOC of Service of 1st Request for production of documents (MAP) (Entered: 11/30/1998)

Nov. 30, 1998

Nov. 30, 1998

17

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE STATEMENT ORDER by Mag Judge Virginia A. Mathis ; settlement conference set for 9:30 1/20/99 , before Mag Judge Virginia A. Mathis (cc: all counsel) (MAP) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

18

NOTICE by pla EEOC of Service of 2nd Supplemental Rule 26(a)(1) Disclosure Statement (MAP) (Entered: 01/14/1999)

Jan. 13, 1999

Jan. 13, 1999

19

MOTION to amend Complaint by pla EEOC [19-1] (NOTE: Amended Complaint is Lodged and held at docket clerks desk) (KMG) (Entered: 01/15/1999)

Jan. 14, 1999

Jan. 14, 1999

30

MEMORANDUM In Support of Motion to Amended Complaint by pla EEOC re [19-1] (MAP) (Entered: 08/27/1999)

Jan. 14, 1999

Jan. 14, 1999

20

ORDER by Judge Roslyn O. Silver that this action will be dismissed by the Clerk's Office without further notice on 2/22/99, unless prior thereto a request for reinstatement on the court's trial calendar is filed herein. ; possbl dsm ddl set for 2/22/99 FUR ORD vacating any scheduled hearings; settlement conference vacated. (cc: all counsel) (KMG) (Entered: 01/20/1999)

Jan. 20, 1999

Jan. 20, 1999

21

MINUTE ENTRY Judge Inits: VAM Crt Rptr: In Chambers; Settlement Conference conducted; settlement reached (M-99-7); dft to draft documentation. [cc: all counsel] [21-1] re: minute entry [21-1] (KMG) (Entered: 01/20/1999)

Jan. 20, 1999

Jan. 20, 1999

22

NOTICE (CERTIFICATE) by dft K-Mart Corporation of Service re subpoena duces tecum (MAP) (Entered: 01/22/1999)

Jan. 20, 1999

Jan. 20, 1999

23

NOTICE by dft K-Mart Corporation DEPO Duces Tecum pursuant to Fed.R.Civ.P. 30 of Krista Watson on the following date(s): 1/19/99 (MAP) (Entered: 01/22/1999)

Jan. 20, 1999

Jan. 20, 1999

24

CORRECTED CERTIFICATE by dft K-Mart Corporation of Service (MAP) (Entered: 01/26/1999)

Jan. 25, 1999

Jan. 25, 1999

25

JOINT STIPULATION AND MOTION to continue time for filing settlement agreement by dft K-Mart Corporation [25-1] (MAP) (Entered: 02/23/1999)

Feb. 22, 1999

Feb. 22, 1999

26

ORDER by Judge Roslyn O. Silver granting motion to continue time for filing settlement agreement by dft K-Mart Corporation [25-1], time extended thru 3/1/99 (cc: all counsel) (MAP) (Entered: 02/24/1999)

Feb. 24, 1999

Feb. 24, 1999

27

NOTICE by pla EEOC of Filing of Original Signature Page for Settlement Agreement (MAP) (Entered: 03/05/1999)

March 3, 1999

March 3, 1999

29

ORDER by Judge Roslyn O. Silver granting stipulation that the parties shall comply w/the terms of the Settlement Agreement and that this Court shall retain jurisdiction for the purpose of enforcing Settlement Agreement FURTHER ORDERED that this action is dismissed, each party to bear own costs and attys' fees terminating case (cc: all counsel) (MAP) (Entered: 04/06/1999)

April 6, 1999

April 6, 1999

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 1998

Closing Date: April 6, 1999

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

Kmart Corporation (Winslow, AZ), Private Entity/Person

Kmart Corporation, Private Entity/Person

Case Details

Causes of Action:

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

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:

Voluntary Dismissal

Amount Defendant Pays: 15000

Order Duration: 1999 - 2001

Content of Injunction:

Neutral/Positive Reference

Expungement of Employment Record

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits