Case: EEOC v. Walmart Stores, Inc.

EEOC v. Wal-Mart Stores

EEOC v. Wal-Mart Stores, Inc.

EEOC v. Wal-Mart Stores, Inc.

EEOC v. Wal-Mart Stores

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT, fee status waived, assigned to Judge Garland E. Burrell referred to Magistrate Judge Dale A. Drozd (old) (Entered: 03/05/1999)

ORDER setting scheduling conference for 9:00 6/14/99 before Judge Garland E. Burrell (cc: all counsel) (old) (Entered: 03/05/1999)

WAIVER OF SERVICE by defendant Wal-Mart Stores Inc on 3/5/99 (dd) (Entered: 03/18/1999)

ANSWER by defendant (dd) (Entered: 05/04/1999)

JOINT STATUS REPORT submitted by defendant Wal-Mart Stores Inc (old) (Entered: 06/01/1999)

STATUS ORDER by Judge Garland E. Burrell ORDERING the joint status report submitted by the parties, obviated the need for the 6/14/99 status conference; pretrial conference set for 2:30 12/11/00; trial set for 9:00 3/6/01; pltf's designation of expert witnesses due 6/21/00; dft's due 7/5/00; last hrg on dispositive motions set for 9:00 10/23/00; discovery ddl set for 8/23/00 (cc: all counsel) (old) (Entered: 06/03/1999)

STIPULATED MOTION for continuance of the scheduling order dates motion TO BE HEARD by Judge Garland E. Burrell; Motion Hearing not noticed (hk) (Entered: 06/01/2000)

LODGED substitution of counsel by plaintiff (hk)

ORDER by Judge Garland E. Burrell ORDERING SUBSTITUTING attorney David T. Kelley for Equal Employment and substituting attorney Lynn Palma (cc: all counsel) (kdc) (Entered: 06/02/2000)

ORDER by Judge Garland E. Burrell ORDERING motion for continuance of the scheduling order dates [7-1] GRANTED pltf's expert disclosure date is 12/21/00; dft's expt disclosure 1/5/01; discovery ddl set for 2/23/01; motion filing ddl set for 9:00 4/30/01; pretrial conference set for 3:30 6/11/01; trial set for 9:00 9/25/01 (cc: all counsel) (kdc) (Entered: 06/02/2000)

JOINT MOTION to reschedule the date of the hearing on dispositive motions and the pretrial conference by plaintiff and defendant ; motion TO BE HEARD by Judge Garland E. Burrell; Motion Hearing not noticed (ar) (Entered: 02/20/2001)

ORDER by Judge Garland E. Burrell ORDERING that the motion to reschedule the date of the hearing on dispositive motions and the pretrial conference by plaintiff and defendant [10-1] is GRANTED; the 6/3/99 status order is further modified as follows: the last hearing date for motions is SET for 9:00 6/18/01; final pretrial conference SET for 3:30 7/30/01; trial remains SET for 9:00 9/25/01 ; because of the short time-period between the final pretrial conference and the trial date, parties should seek in a timely manner to have the assigned Magistrate Judge preside as their settlement conference judge, should they decide to have this court convene a settlement conference (cc: all counsel) (old) (Entered: 02/21/2001)

NOTICE OF MOTION AND MOTION to compel discovery responses by plaintiff Equal Employment ; Motion Hearing Set for 10:00 03/23/01 (ar) (Entered: 03/05/2001)

MINUTES of pltf's motion to compel before Magistrate Judge Dale A. Drozd: due to the parties failure to appear at the scheduled hearing and their further failure to file a joint discovery stipulation pursuant to Local Rule 37-251(c), the Court dropped the matter from calendar [12-1] (ar) (Entered: 03/26/2001)

THIRD JOINT MOTION to extend discovery and to reschedule the date of the hearing on dispositive motions and, if necessary, the pretrial conference by plaintiff and defendant ; Motion Hearing not noticed (ar) (Entered: 04/20/2001)

JOINT MOTION to seek the Magistrate Judge's asistance in settlement and waiver of disqualification by plaintiff and defendant ; Motion Hearing not noticed (ar) (Entered: 04/20/2001)

PROOF OF SERVICE of joint motion to seek the Magistrate judge's assistance and third joint moiton to extend discovery (ar) (Entered: 04/20/2001)

ORDER by Judge Garland E. Burrell ORDERING motion to extend discovery and to reschedule the date of the hearing on dispositive motions and, if necessary, the pretrial conference by plaintiff and defendant [14-1] DENIED (cc: all counsel) (kdc) (Entered: 04/23/2001)

MINUTES of telephonic conference re the parties joint motion for settlement conference and waiver of disqualification before Magistrate Judge Dale A. Drozd: after hearing, the court denied the parties joint motion for settlement conference without prejudice (ar) (Entered: 04/25/2001)

JOINT MOTION to bifurcate issues of liability and relief on class issues with supporting memorandum by defendant and pltf ; hearing not noticed (kdc) (Entered: 07/24/2001)

JOINT PRETRIAL STATEMENT (STIPUTLATIONS) from plaintiff, defendant (kdc) (Entered: 07/24/2001)

JOINT PRETRIAL STATEMENT from plaintiff, defendant (kdc) (Entered: 07/24/2001)

DFT'S AFFIRMATIVE DEFENSES AND POINTS OF LAW submitted by plaintiff, defendant (kdc) (Entered: 07/24/2001)

UNDISPUTED FACTS by plaintiff, defendant to which there is no evidentiary objection (kdc) (Entered: 07/24/2001)

LODGED proposeed jury instructions by defendant Wal-Mart Stores Inc (kdc)

LODGED proposed jury instructions with citations by plaintiff Equal Employment (kdc)

MINUTES of pretrial conference before Judge Garland E. Burrell further pretrial conference SET for 10:00 8/21/01; jury trial SET for 9:00 9/25/01 (old) (Entered: 07/31/2001)

FINAL PRETRIAL ORDER by Judge Garland E. Burrell: final telephonic pretrial conference held 10:00 8/21/01; trial set for 9:00 9/25/01; any party may object to this order within 10 court days after the date it is filed; exhibit A through C attached; voir dire and jury instructions attached (cc: all counsel) (kdc) (Entered: 08/01/2001)

COURT NOTICE: from Courtroom Deputy M. Gomez that at the request of the parties, a settlement conference has been scheduled for 9:30 08/09/01, before the Honorable Dale A. Drozd; the parties are to submit confidential settlement conference statements to the Court by 08/02/01; settlement conference SET for 9:30 8/9/01 (cc: all counsel) (ar) (Entered: 08/01/2001)

. . .NOTICE by plaintiff Equal Employment of hearing telephonic supplemental final pretrial conference set for 10:30 3/21/02 () (ds) (Entered: 08/07/2001)

COURT NOTICE: settlement conference CONTINUED TO 9:30 8/20/01 before Magistrate Judge Drozd ; confidential settlement conference statements to be submitted to the court by 8/13/01 (cc: all counsel) (ds) (Entered: 08/07/2001)

JOINT SUPPLEMENTAL PRETRIAL STATEMENT from plaintiff Equal Employment, defendant Wal-Mart Stores Inc (lm) (Entered: 08/14/2001)

MINUTES of pretrial conference before Judge Garland E. Burrell: telephonic appearance; further pretrial conference SET for 3:30 4/15/02; 2nd phase of trial SET for 9:00 6/11/02 (old) (Entered: 08/22/2001)

NOTICE by defendant Wal-Mart Stores Inc of association of attorney Kelly Borelli (mm1) (Entered: 08/23/2001)

LODGED Application of Gregory S Muzingo for Admission Pro Hac Vice & Order by defendant (mm1)

AMENDED FINAL PRE-TRIAL ORDER by Judge Garland E. Burrell: supplemental telephonic final PTC held on 8/21/01; first phase of trial SET for 9:00 9/25/01; any party may file written objections w/in ten court days after the date this Order is filed; any response due w/in ten court days thereafter; exhibits A-C attached (cc: all counsel) (old) Modified on 08/23/2001 (Entered: 08/23/2001)

MINUTES of settlement conference before Magistrate Judge Dale A. Drozd: after settlement negotiations, the case did not settle (ar) (Entered: 08/24/2001)

ORDER by Judge Garland E. Burrell ORDERING that the pro hac vice application is GRANTED attorney Gregory S Muzingo allowed to appear pro hac vice for defendant Wal-Mart Stores Inc (cc: all counsel) (old) (Entered: 08/24/2001)

LODGED Application of Gregory S Muzingo for Admission Pro Hac Vice & Order by defendant Wal-Mart Stores Inc (mm1)

LODGED Document: Application of Gregory S Muzingo for admission Pro Hac Vice & Order lodged on 8/24/01 (NOT TO BE SIGNED PER JUDGE)(Judge signed identical copy on 8/22/01) (mm1)

ORDER by Judge Garland E. Burrell ORDERING that counsel's request for a one-day extension of time w/in which to file the Stipulation Re Evidentiary Disagreements is GRANTED; parties provided w/ a fax of this order prior to official service (cc: all counsel) (old) Modified on 09/05/2001 (Entered: 09/04/2001)

ORDER by Judge Garland E. Burrell ORDERING the parties request for the September 10 filing date is GRANTED; If the parties desire to dismiss the Sanders claims as indicated, they should do that (cc: all counsel) (lm) (Entered: 09/06/2001)

OBJECTION by defendant Wal-Mart Stores Inc to pretrial order [31-1] (kdc) (Entered: 09/10/2001)

JOINT TRIAL brief submitted by plaintiff, defendant (kdc) (Entered: 09/12/2001)

JOINT MOTION to modify procedures set forth in the court's amended final pretrial order by plaintiff Equal Employment, defendant Wal-Mart Stores Inc motion TO BE HEARD by Judge Garland Burrell ; Motion Hearing Set For 9:00 9/25/01 (kdc) (Entered: 09/12/2001)

JOINT MOTION for severance of the claims relating to Steven Sanders, and to dismiss by plaintiff, defendant motion TO BE HEARD by Judge Garland E. Burrell ; Motion Hearing Set For 9:00 9/25/01 (kdc) (Entered: 09/12/2001)

STIPULATED DISMISSAL of Claim Five pursuant FRCP 41(a)(1) (kdc) (Entered: 09/12/2001)

ORDER by Judge Garland E. Burrell ORDERING motion for severance of the claims relating to Steven Sanders, and to dismiss by plaintiff, defendant [40-1] DENIED, motion to modify procedures set forth in the court's amended final pretrial order by plaintiff Equal Employment, defendant Wal-Mart Stores Inc [39-1] DENIED trial RESET for 9:00 10/2/01 (cc: all counsel) (kdc) (Entered: 09/14/2001)

MINUTE ORDER trial set for 9:00 10/2/01 (cc: all counsel) (kdc) (Entered: 09/14/2001)

MOTION for extention of time to file joint pleadings by plaintiff Equal Employment motion TO BE HEARD by Judge Garland E. Burrell ; Motion Hearing Set For 9:00 10/2/01 (kdc) (Entered: 09/19/2001)

PROPOSED VERDICT form by plaintiff Equal Employment (kdc) (Entered: 09/19/2001)

STIPULATION on evidentiary disagreements by pltf (kdc) (Entered: 09/19/2001)

TRIAL brief submitted by plaintiff Equal Employment (kdc) (Entered: 09/19/2001)

STIPULATED DISMISSAL OF Claims One and Two (kdc) (Entered: 09/19/2001)

EXHIBITS by plaintiff Equal Employment to pltf's brief [47-1] (kdc) (Entered: 09/19/2001)

LODGED proposed disputed jruy instructions with citations by plaintiff Equal Employment (kdc)

PROPOSED VOIR DIRE submitted by defendant Wal-Mart Stores Inc (pink sheet - certificate of service not signed) (mm1) (Entered: 09/24/2001)

TRIAL brief submitted by defendant Wal-Mart Stores Inc (pink sheet - certificate of service not signed) (mm1) (Entered: 09/24/2001)

STATEMENT by defendant Wal-Mart Stores Inc concerning the nature of the case (pink sheet - certificate of service not signed) (mm1) (Entered: 09/24/2001)

OBJECTIONS by defendant Wal-Mart Stores Inc to pltf's Special Jury Instructions #'s 34 & 35 (pink sheet - certificate of service not signed) (mm1) (Entered: 09/24/2001)

PROPOSED STATEMENT by plaintiff Equal Employment (mm1) (Entered: 09/24/2001)

PROPOSED VOIR DIRE submitted by plaintiff Equal Employment (mm1) (Entered: 09/24/2001)

LODGED Joint Proposed Jury Instructions with citations by plaintiff, defendant (mm1)

JOINT MOTION requesting the court to conduct a supplemental final pretrial conference by plaintiff, defendant motion TO BE HEARD by Judge Garland E. Burrell ; Motion Hearing Set For 9:00 10/2/01 (kdc) (Entered: 09/26/2001)

ORDER by Judge Garland E. Burrell ORDERING the parties to do additional work on proposed closing jury instructions (cc: all counsel) (lm) (Entered: 09/26/2001)

RESPONSE by plaintiff Equal Employment to Trial Brief [51-1] (mm1) (Entered: 09/26/2001)

NOTICE re Partial Joint Proposed Findings & Conclusions of Law by plaintiff Equal Employment (pink sheet - document not signed by defense counsel) (mm1) (Entered: 09/26/2001)

ORDER by Judge Garland E. Burrell ORDERING defendant's objection to pretrial order [37-1] STRICKEN from the record (cc: all counsel) (lm) (Entered: 09/26/2001)

ORDER by Judge Garland E. Burrell ORDERING dft's voir dire [50-1] STRICKEN from the record (cc: all counsel) (lm) (Entered: 09/26/2001)

ORDER by Judge Garland E. Burrell ORDERING dft's objection to pltf's special jury instructions nos 34 & 35 [53-1] STRICKEN from the record (cc: all counsel) (lm) (Entered: 09/26/2001)

ORDER by Judge Garland E. Burrell ORDERING dtf's statement concerning the nature of the case [52-1] STRICKEN from the record (cc: all counsel) (lm) (Entered: 09/26/2001)

ORDER by Judge Garland E. Burrell ORDERING pltf's in limine motions [46-1] DENIED; (cc: all counsel) (lm) (Entered: 09/27/2001)

ORDER by Judge Garland E. Burrell ORDERING defendant WalMart Trial Brief [51-1] STRICKEN (cc: all counsel) (mm1) (Entered: 09/27/2001)

ORDER by Judge Garland E. Burrell ORDERING Partial Joint Proposed Findings & Conclusions of Law [63-1] STRICKEN (cc: all counsel) (mm1) (Entered: 09/28/2001)

ORDER by Judge Garland E. Burrell ORDERING that the punitive damage phase of the trial is bifurcated and will occur at the time set for the damage phase of the trial; only the first portion of pltf's provided verdict form will be used at the trial; the Court has drafter two instructions for the parties' consideration, which are attached; revised voir dire is also attached, which is identical to what was previously sent except the trial days have been modified (cc: all counsel) (old) (Entered: 10/01/2001)

LODGED commission proposed jury instructions w/ citations by defendant Wal-Mart Stores Inc (old)

LODGED joint proposed jury instructions w/ citations (old)

LODGED joint proposed jury instructions w/ Judge Burrell's Standard Instructions (old)

RESPONSE by plaintiff Equal Employment to Order [66-1] (ds) (Entered: 10/02/2001)

REQUEST by plaintiff Equal Employment for substitution of exhibits (ds) (Entered: 10/02/2001)

REQUEST by plaintiff Equal Employment to use graphics during opening and examination (ds) (Entered: 10/02/2001)

ORDER by Judge Garland E. Burrell ORDERING trial set for 9:00 10/10/01 ; attached page of proposed voir dire concerning the trial schedule shows when court will be in session for trial; (cc: all counsel) (ds) Modified on 10/02/2001 (Entered: 10/02/2001)

ORDER by Judge Garland E. Burrell ORDERING parties to finalize proposed jury instructions; jury instructions, a preliminary Instruction No 2 and a proposed verdict form are attached (cc: all counsel) (kdc) Modified on 10/03/2001 (Entered: 10/03/2001)

REQUEST by plaintiff Equal Employment for one week extension of trial date (kdc) (Entered: 10/03/2001)

DECLARATION of A R Koopah DDS in support of request for continuance [73-1] (kdc) (Entered: 10/03/2001)

ORDER by Judge Garland E. Burrell ORDERING revised proposed verdict form and jury instructions 11 and 14 (cc: all counsel) (mdp) (Entered: 10/09/2001)

LODGED proposed jury instruction on intent by defendant Wal-Mart Stores Inc (kdc)

JOINT MOTION to modify the court's 8/23/01 amended final pretrial order to extend the notice to potential class members by plaintiff, defendant ; hearing not noticed (kdc) (Entered: 10/10/2001)

ADMISSION OF LIABILITY and stipulation for entry of judgment on liability by defendant (kdc) (Entered: 10/10/2001)

STIPULATION for entry of judgment (kdc) (Entered: 10/30/2001)

LODGED judgment submitted (kdc)

JUDGMENT by Judge Garland E. Burrell: IT IS ORDERED AND ADJUDGED that Wal-Mart Stores violated the Americans with Disabilities Act by engaging in a practice of making disability related inquiries (cc: all counsel) (kdc) (Entered: 10/11/2001)

ORDER by Judge Garland E. Burrell ORDERING motion to modify the court's 8/23/01 amended final pretrial order to extend the notice to potential class members by plaintiff, defendant [76-1] GRANTED (cc: all counsel) (kdc) (Entered: 10/11/2001)

NOTICE OF MOTION AND MOTION to shorten time for scheduling the hearing by plaintiff Equal Employment ; Motion Hearing not noticed (ar) (Entered: 10/23/2001)

MOTION to compel and to shorten the time to respond by plaintiff Equal Employment ; Motion Hearing Set for 11/09/01 (ar) (Entered: 10/23/2001)

AFFIDAVIT of Lynn L. Palma in support of of plaintiff's motion to compel and to shorten time to respond [81-1], and of expedited consideration [80-1] (ar) (Entered: 10/23/2001)

ORDER SHORTENING TIME by Dale A Drozd Magistrate Judge ORDERING motion to shorten time for scheduling the hearing by plaintiff Equal Employment [80-1] GRANTED; motion to compel and to shorten the time to respond by plaintiff Equal Employment [81-1] HEARING SET FOR 10:00 11/9/01; dft's written opposition, if any, shall be filed and served by 11/07/01; any reply will be heard at the hearing (cc: all counsel) (ar) (Entered: 10/30/2001)

UNOPPOSED MOTION for extension of time within which to commence notice to putative class members by defendant Wal-Mart Stores Inc ; Motion TO BE HEARD by Judge Garland E Burrell; Motion hearing not noticed (mm1) (Entered: 11/08/2001)

MINUTES before Magistrate Judge Dale A Drozd motion to compel and to shorten the time to respond by plaintiff Employment [81-1] GRANTED; defense counsel tp provide responses on or before close of business on 11/13/01; court to prepare written order (mm1) (Entered: 11/13/2001)

ORDER by Judge Garland E. Burrell ORDERING motion for extension of time within which to commence notice to putative class members by defendant Wal-Mart Stores Inc [85-1] GRANTED (cc: all counsel) (daw) (Entered: 11/13/2001)