Case: EEOC v. WAL-MART STORES INC

4:02-cv-02404 | U.S. District Court for the Southern District of Texas

Filed Date: June 28, 2002

Closed Date: Aug. 18, 2003

Clearinghouse coding complete

Case Summary

The EEOC's Houston district office sued Wal Mart Stores, Inc. on June 28, 2002 in the U.S. District Court for the Southern District of Texas. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on race (African American) by failing to promote its African American "unloaders" at a specific store and failing to pay them competitive wages. The parties entered into a consent decree on August 18, 2003, which stipulated that the defendant would pay the complainant $140,000 in damages, post a notice of compliance with Title VII, provide Title VII training to its managers, and equalize the wages of its African American "unloaders" to the wage rates of similarly situated employees.

Summary Authors

Aaron Weismann (6/22/2007)

Documents in the Clearinghouse

Document

4:02-cv-02404

Docket

EEOC v. Wal-Mart Stores Inc

April 13, 2004

April 13, 2004

Docket
19

4:02-cv-02404

Consent Decree and Order

EEOC v. Wal-Mart Stores Inc

Aug. 18, 2003

Aug. 18, 2003

Settlement Agreement

Resources

Docket

Last updated Sept. 3, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by EEOC filed; (bchurchill) (Entered: 06/28/2002)

June 28, 2002

June 28, 2002

1 SUMMONS issued for Wal-Mart Stroes Inc (bchurchill) (Entered: 06/28/2002)

June 28, 2002

June 28, 2002

CASE reassigned to Judge Nancy F. Atlas (kprice) (Entered: 07/03/2002)

July 1, 2002

July 1, 2002

3

ORDER OF RECUSAL, entered; Parties notified. ( signed by Judge David Hittner ) Case reassigned to Judge Nancy F. Atlas (hlerma) (Entered: 07/08/2002)

July 1, 2002

July 1, 2002

4

NOTICE AND ORDER set initial pretrial conference for 2:00 10/11/02 before Judge Nancy F. Atlas , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (hlerma) (Entered: 07/08/2002)

July 8, 2002

July 8, 2002

5

CERTIFICATE OF INTERESTED PARTIES by EEOC , filed. (hlerma) (Entered: 07/10/2002)

July 10, 2002

July 10, 2002

6

CERTIFICATE OF INTERESTED PARTIES by Wal-Mart Stroes Inc , filed. (sfedele) (Entered: 07/15/2002)

July 15, 2002

July 15, 2002

7

ORIGINAL ANSWER to Complaint by Deft Wal-Mart Stroes Inc ,filed. (sjones) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

8

RETURN OF SERVICE executed as to Wal-Mart Stroes Inc 7/3/02 filed. Answer due on 7/23/02 for Wal-Mart Stroes Inc (sjones) (Entered: 08/01/2002)

Aug. 1, 2002

Aug. 1, 2002

9

Intervenor's COMPLAINT by Billy Simmons against defendant Wal-Mart Stores Inc , filed (psmith) (Entered: 08/21/2002)

Aug. 21, 2002

Aug. 21, 2002

10

MOTION to intervene as a party pltf by Billy Simmons by Billy Simmons, Motion Docket Date 9/10/02 [10-1] motion , filed. (kprice) (Entered: 08/22/2002)

Aug. 21, 2002

Aug. 21, 2002

11

ANSWER by Wal-Mart Stroes Inc to [9-1] intervenor's complaint, filed. (kprice) (Entered: 08/28/2002)

Aug. 27, 2002

Aug. 27, 2002

12

MEMORANDUM AND ORDER ; granting [10-1] motion to intervene as a party pltf by Billy Simmons , entered. It is ORDERED that Billy Simmons's Complaint in Intervention (Document # 9) is deened filed as of 8/21/02. Parties notified. ( signed by Judge Nancy F. Atlas ) (kprice) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

13

JOINT DISCOVERY/Case Management Plan by EEOC, Wal-Mart Stores Inc, Billy Simmons , filed. (psmith) (Entered: 10/01/2002)

Oct. 1, 2002

Oct. 1, 2002

14

Minute Entry Order: PRETRIAL CONFERENCE held. Apps: T Bowne; R Reynolds; A Oppinger. Scheduling order to follow. terminated deadlines Ct Reporter: F Warner , entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (psmith) (Entered: 10/17/2002)

Oct. 11, 2002

Oct. 11, 2002

15

SCHEDULING ORDER setting Mediation deadline 10/31/03; Amending of pleadings 12/13/02 ; Joining of parties 12/13/02 ; Pltf expert witness list submitted by 4/11/03 ; Deft expert witness list submitted by 5/16/03 ; Discovery cutoff 6/27/03 ; Deadline for filing all dispositive motions 7/31/03 ; Deadline for filing non-dispositive motions 7/31/03 ; Pretrial order to be submitted on or before 10/27/03 ; Docket call deadline 4:00 10/31/03 ; ETT: 4-5 days/jury, entered. Parties notified. ( Signed by Judge Nancy F. Atlas ) (psmith) (Entered: 10/17/2002)

Oct. 11, 2002

Oct. 11, 2002

Rec'd Proposed Agreed Protective Order, frwd to crd. (hlerma) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

16

AGREED PROTECTIVE ORDER , entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (kprice) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

Received and forwarded to CRD: proposed motion and order for admission Pro Hac Vice as to Gregory S Muzingo, seeking to appear as the attorney for Wal-Mart Stores, Inc (kprice) (Entered: 02/04/2003)

Jan. 31, 2003

Jan. 31, 2003

17

MOTION AND ORDER for admission Pro Hac Vice as to Gregory S Muzingo, appearing as the attorney for Wal-Mart Stores, Inc, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (kprice) (Entered: 02/06/2003)

Feb. 4, 2003

Feb. 4, 2003

18

AGREED MOTION to enter consent decree by EEOC, Wal-Mart Stores Inc, Billy Simmons , filed. (kprice) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

19

CONSENT DECREE AND ORDER ; granting [18-1] agreed motion to enter consent decree , entered; The parties shall bear their own costs and attorney's fees. Parties notified. ( signed by Judge Nancy F. Atlas ) (kprice) (Entered: 08/21/2003)

Aug. 18, 2003

Aug. 18, 2003

Case closed (kprice) (Entered: 08/21/2003)

Aug. 18, 2003

Aug. 18, 2003

20

MOTION for Judith A Colbert to withdraw as attorney , and to substitute attorney Scott Foreman in place of Judith Colbert by Wal-Mart Stores Inc, Motion Docket Date 4/27/04 [20-1] motion, 4/27/04 [20-2] motion , filed. (amaly) (Entered: 04/12/2004)

April 7, 2004

April 7, 2004

21

ORDER granting [20-1] motion for Judith A Colbert to withdraw as attorney; granting [20-2] motion to substitute attorney Scott Foreman in place of Judith Colbert, entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (khightower) (Entered: 04/14/2004)

April 13, 2004

April 13, 2004

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 28, 2002

Closing Date: Aug. 18, 2003

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: No

Class Action Outcome: Not sought

Defendants

Wal-Mart Stores, Inc., Private Entity/Person

Wal-Mart Stores, Inc., Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

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: 143500

Order Duration: 2003 - 2004

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit