Case: Stender v. Lucky Stores, Inc.

3:88-cv-01467 | U.S. District Court for the Northern District of California

Filed Date: April 22, 1988

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On April 22, 1988, employees of Lucky Stores ("Lucky") brought this suit against Lucky and Alpha Beta Co. in the U.S. District Court for the Northern District of California. The plaintiffs brought this suit on behalf of a class of all female, Black, and Hispanic employees of Lucky, past, present, and future. Plaintiffs alleged that Lucky discriminated against them on the basis of race, sex, and/or national origin in Lucky's employment practices including initial job assignment, training, and pr…

On April 22, 1988, employees of Lucky Stores ("Lucky") brought this suit against Lucky and Alpha Beta Co. in the U.S. District Court for the Northern District of California. The plaintiffs brought this suit on behalf of a class of all female, Black, and Hispanic employees of Lucky, past, present, and future. Plaintiffs alleged that Lucky discriminated against them on the basis of race, sex, and/or national origin in Lucky's employment practices including initial job assignment, training, and promotions. Represented by both the NAACP Legal Defense Fund (the "Impact Fund") and private counsel, plaintiffs sought monetary and injunctive relief and alleged violations of Title VII, § 1981, and the California Fair Employment and Housing Act ("FEHA"). The case was assigned to Judge Marilyn Patel.

The suit originated from EEOC claims from two employees. Nancy Stender filed a narrow EEOC claim in 1984 regarding the denial of full-time status and promotion. Diane Skillsky's May 1985 EEOC claim contained broader allegations of promotion, training, and job assignments.

On August 18, 1988, the plaintiffs filed their first amended complaint, and on September 18, 1989, the plaintiffs filed a second amended complaint.

On October 11, 1989, the court approved a stipulation regarding partial class certification. Following this stipulation, issues regarding class certification remained as to whether the plaintiffs could represent those who were discriminated in their initial job assignments and what the proper date was from which Lucky could be held liable for sex discrimination. On June 8, 1990, the court ruled that the plaintiffs could represent individuals who had experienced discrimination in their initial job assignments even though none of the named plaintiffs brought those claims. However, the court denied the plaintiffs' motion to hold Lucky liable for sex discrimination dating back to Stender's claims; rather, the court ruled that the class would represent individuals who experienced sex discrimination beginning from the date that Skillsky filed her EEOC claims. 1990 WL 192734.

We do not have a complete docket for this case, so our account is necessarily incomplete. At some point before January 11, 1991, the defendant moved for partial summary judgment regarding Lucky's promotion practices. On April 4, 1991, the defendant's motion was granted in part and denied in part. Specifically, the court granted the motion as it pertained to Black employees, finding that the plaintiffs did not establish a prima facie case as to either discriminatory impact or treatment, but denied the motion as it dealt with female employees, finding that the plaintiffs did raise a genuine issue of material fact under theories of both disparate treatment and impact. 1991 WL 127073.

On March 28, 1991, the defendant moved to dismiss the plaintiffs' claims pertaining to initial job assignment and promotions under § 1981 and general claims under FEHA. On June 18, 1991, the court denied the defendant's motions in a pair of opinions. Regarding the claims under § 1981, the court held that initial job assignments were related to the making and enforcing of contracts. The court found that promotions were a closer call as to § 1981 liability but that it was possible, after discovery and at trial, that the plaintiffs could make a case that promotions involved a new and distinct relationship so as to hold Lucky liable under § 1981. 1991 WL 350036. Regarding the motion to dismiss claims under the FEHA, the court held that the defendant's interpretation of the FEHA, that the plaintiffs are precluded from bringing duplicative claims in state court or otherwise joining their FEHA claims in federal court, was unreasonable. 766 F.Supp. 830.

On May 10, 1991, a group of employees of Alpha Beta, another chain of stores under the American Stores parent company that owned Lucky, moved to intervene in this case. That group of employees alleged sex and race discrimination and sued on behalf of a class of all female and Black employees of Alpha Beta, past, present, and future. However, on June 10, 1991, those employees initiated their own legal suit, Anders v. American Stores Co.. , 3:91-CV-01763. On June 18, 1991, Judge Patel thus denied the potential plaintiff-intervenors' motion to intervene and instead related their case to this case.

On November 21, 1991, President George H.W. Bush signed the Civil Rights Act of 1991. On December 19, 1991, the court ruled that the newly-enacted Act applied retroactively to pending cases. Thus, the court held that the Act modified the requisite analysis needed to examine disparate treatment and impact claims, such as in the present case. 1991 WL 354882. This opinion was amended on January 7, 1992, to order the parties to submit memoranda concerning the effect of the Act on the present case. 780 F.Supp. 1302.

On September 11, 1991, the court dismissed the plaintiffs' claims of discrimination as they pertained to Black employees, finding that plaintiffs' evidence was insufficient to warrant a finding of a pattern or practice. Additionally, the court dismissed the plaintiffs' claims for punitive damages. As a result of the Civil Rights Act of 1991, however, the court reconsidered their order dismissing those claims. On April 28, 1992, the court declined to reconsider the plaintiffs' claims of discrimination against Black employees under § 1981 as a result of the new Act. The court did tentatively agree to reconsider the plaintiffs' claims for punitive damages under a more expansive Title VII liability. 1992 WL 295957.

On July 27, 1992, the parties issued a joint memorandum indicating that they had come to a preliminary settlement. In it, the parties agreed to allow the intervention of the United Food and Commercial Workers International Union as a non-aligned party because of their relationship with Lucky and because they represent class members. Additionally, the parties agreed to dismiss Alpha Beta as a defendant in the Anders suit subject to Lucky assuming responsibility for any claims asserted against Alpha Beta in this suit. Additionally, the parties agreed to enter into a consent decree that resolved all claims of racial discrimination in both this suit and the Anders case. This consent decree was approved on October 30, 1992. The other stipulations were granted by the court on July 29, 1992.

On August 18, 1992, the court found for the plaintiffs on their claims regarding sex discrimination. The court specifically held that the plaintiffs had shown enough to prevail on their theories of disparate treatment and disparate impact, that they met their burden of proof under the FEHA, and that they had made enough of a case to merit further consideration for punitive damages under Title VII. 803 F.Supp. 259.

On August 31, 1992, the parties entered into another joint stipulation, this time regarding the claims of sex discrimination. This was tentatively approved on September 4 and became effective as a preliminary injunction on October 1. On November 3, 1992, and after resolving outstanding issues in the consent decree, the court approved the parties' consent decree.

However, the parties continued to litigate the issue of backpay. On December 15, 1993, the court ruled that the payments made under the consent decree were excludable from gross income calculations under the Internal Revenue Code. 1993 WL 557652.

On January 11, 1994, the parties submitted a consent decree regarding the sex discrimination claims intended to replace the 1992 consent decree. In it, Lucky agreed to monetary relief and injunctive relief, in the form of promotions, for the named plaintiffs. Additionally, Lucky agreed to abide by requirements in their procedures for initial assignments, allocation of hours, promotions, training, and prohibiting retaliation for various periods of time ranging between five and ten years. Lucky also agreed to an annual reporting requirement regarding its data for job applications, promotions, hours worked, and payroll. In addition, Lucky agreed to pay approximately $60 million to non-representative members, $1 million to the named plaintiffs, $14 million in attorneys' fees, $13 million in front pay, and $20 million to administer the terms of the consent decree. On April 20, 1994, the court approved the consent decree.

The docket states that on July 11, 2000, the remaining terms of the consent decree were modified, but it does not explain how, and no documents are electronically available. There is no subsequent activity on the docket sheet. Presumably the case is over.

Related Cases

Anders v. American Stores Co., Northern District of California (1991)

People


Judge(s)

Patel, Marilyn Hall (California)

Attorneys(s) for Plaintiff

Borgen, David (California)

Dardarian, Linda M. (California)

Larkin, Jocelyn Dion (California)

Seligman, Brad (California)

Attorneys(s) for Defendant

Boddy, James E. Jr. (California)

Paras, James C. (California)

Rashby, Carolyn (California)

Wilcox, Maurice [Kirby] Collette (California)

Other Attorney(s)

Active

Judge(s)

Patel, Marilyn Hall (California)

Attorneys(s) for Plaintiff

Borgen, David (California)

Dardarian, Linda M. (California)

Larkin, Jocelyn Dion (California)

Seligman, Brad (California)

Attorneys(s) for Defendant

Boddy, James E. Jr. (California)

Paras, James C. (California)

Rashby, Carolyn (California)

Wilcox, Maurice [Kirby] Collette (California)

Other Attorney(s)

Jellison, Barry (California)

Kahn, Andrew J. (California)

Miller, Katharine S (California)

Ryu, Donna Miae (California)

Stemerman, Steven L. (California)

Walsh, Brian Connor (California)

Documents in the Clearinghouse

Document

3:88-cv-01467

Docket

Stender v. Lucky Stores

July 11, 2000

July 11, 2000

Docket

3:88-cv-01467

Memorandum Order

June 8, 1990

June 8, 1990

Order/Opinion
208

3:88-cv-01467

Opinion

April 4, 1991

April 4, 1991

Order/Opinion
311

3:88-cv-01467

Memorandum and Order

June 18, 1991

June 18, 1991

Order/Opinion
310

3:88-cv-01467

Opinion

Stender v. Lucky Stores, INC.

June 18, 1991

June 18, 1991

Order/Opinion
409

3:88-cv-01467

Memorandum and Order

Dec. 19, 1991

Dec. 19, 1991

Order/Opinion
410

3:88-cv-01467

Amended Memorandum and Order

Jan. 7, 1992

Jan. 7, 1992

Order/Opinion
422

3:88-cv-01467

Opinion

April 28, 1992

April 28, 1992

Order/Opinion
478

3:88-cv-01467

Order

Aug. 18, 1992

Aug. 18, 1992

Order/Opinion
685

3:88-cv-01467

Memorandum and Order

Dec. 15, 1993

Dec. 15, 1993

Order/Opinion

Docket

Last updated Aug. 30, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons issued) (ha, COURT STAFF) (Entered: 01/22/1991)

April 22, 1988

April 22, 1988

185

REPORTER'S TRANSCRIPT filed 12/11/89 (ha, COURT STAFF) (Entered: 02/01/1991)

June 29, 1990

June 29, 1990

RECEIVED Order re communications with certain class members (ha, COURT STAFF) (Entered: 01/22/1991)

Jan. 11, 1991

Jan. 11, 1991

181

NOTICE by defendant Lucky Stores, INC. of Designation of potential settlement mediators (ha, COURT STAFF) (Entered: 01/22/1991)

Jan. 15, 1991

Jan. 15, 1991

182

STIPULATION and ORDER by Judge Marilyn H. Patel : re Communications with certain class members (cc: all counsel) (ha, COURT STAFF) (Entered: 01/22/1991)

Jan. 15, 1991

Jan. 15, 1991

183

STIPULATION and ORDER by Judge Marilyn H. Patel : re expert discovery; the Haworth depositions shall be conducted on 2/6 − 2/7/91; the Drogin deposition on 2/11 − 2/12/91 and the Pencavel deposition on 2/13 − 2/14/91 (cc: all counsel) (ha, COURT STAFF) (Entered: 01/22/1991)

Jan. 15, 1991

Jan. 15, 1991

176

PROOF OF SERVICE by defendant Lucky Stores, INC. of order re discovery (ha, COURT STAFF) (Entered: 01/22/1991)

Jan. 16, 1991

Jan. 16, 1991

177

LETTER dated 1/15/91 from Brad Sseligman re settlement master (ha, COURT STAFF) (Entered: 01/22/1991)

Jan. 17, 1991

Jan. 17, 1991

178

PRETRIAL STATEMENT of facts by plaintiff Nancy J. Stender (UNDER SEAL) (ha, COURT STAFF) (Entered: 01/22/1991)

Jan. 18, 1991

Jan. 18, 1991

179

PROOF OF SERVICE by defendant Lucky Stores, INC. of stipulation and order (ha, COURT STAFF) (Entered: 01/22/1991)

Jan. 18, 1991

Jan. 18, 1991

180

PROOF OF SERVICE by defendant Lucky Stores, INC. of stipulation and order re expert discovery (ha, COURT STAFF) (Entered: 01/22/1991)

Jan. 18, 1991

Jan. 18, 1991

184

MINUTES: ( C/R not reported) phone conference − settlement master held; counsel to agree upon a mediator by 1/29/91 (ha, COURT STAFF) (Entered: 02/01/1991)

Jan. 28, 1991

Jan. 28, 1991

186

PRE − TRIAL STATEMENT by defendant Lucky Stores, INC. (dm, COURT STAFF) (Entered: 02/04/1991)

Feb. 1, 1991

Feb. 1, 1991

187

SUPPLEMENTAL PRETRIAL STATEMENT by plaintiff Nancy J. Stender (dm, COURT STAFF) (Entered: 02/11/1991)

Feb. 8, 1991

Feb. 8, 1991

188

LETTER dated 2/12/91 from Donna M. Ryu re confirmation of hearing set for 2/26/91 @ 3:00 (dm, COURT STAFF) (Entered: 02/20/1991)

Feb. 19, 1991

Feb. 19, 1991

189

SUPPLEMENT by defendant re statement [186 − 1] (gba, COURT STAFF) (Entered: 02/26/1991)

Feb. 25, 1991

Feb. 25, 1991

190

LETTER dated 3/4/91 from Brad Seligman (gba, COURT STAFF) (Entered: 03/08/1991)

March 6, 1991

March 6, 1991

191

MINUTES: ( C/R Susan Longo)Pretrial Conference Held ; Pretrial conference 5/15/91 at 9:30 ; Trial 5/20/91 at 8:30 . Motion for Partial Summary Judgment by defendant heard. (dm, COURT STAFF) (Entered: 03/21/1991)

March 19, 1991

March 19, 1991

192

LETTER dated 3/20/91 from Nancy J. Stender (gba, COURT STAFF) (Entered: 03/24/1991)

March 22, 1991

March 22, 1991

193

LETTER dated 3/22/91 from James E. Boddy Jr. (gba, COURT STAFF) (Entered: 03/26/1991)

March 25, 1991

March 25, 1991

194

NOTICE OF MOTION AND MOTION by defendant to dismiss claims brought under the california fair employment and housing act with Notice set for 5/15/91 9:30am. (gba, COURT STAFF) (Entered: 03/29/1991)

March 28, 1991

March 28, 1991

195

MEMORANDUM of points and authorities by defendant in support of motion to dismiss claims brought under the california fair employment and housing act

March 28, 1991

March 28, 1991

197

DECLARATION by M. Kirby and C. Wilcox on behalf of defendant (gba, COURT STAFF) (Entered: 03/29/1991)

March 28, 1991

March 28, 1991

RECEIVED Stipulation and order re confidentiality and nondisclosure of individual survey responses submitted by defendant (gba, COURT STAFF) (Entered: 03/29/1991)

March 28, 1991

March 28, 1991

198

MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by plaintiff to motion to dismiss claims brought under the california fair employment and housing act [194 − 1] (gba, COURT STAFF) (Entered: 03/29/1991)

March 28, 1991

March 28, 1991

199

DECLARATION by Brad Seligman on behalf of plaintiff re opposition [198 − 1] (gba, COURT STAFF) (Entered: 03/29/1991)

March 28, 1991

March 28, 1991

200

MEMORANDUM of points and authorities by plaintiff regarding in Camera Review Of Specter − Related documents. (gba, COURT STAFF) (Entered: 03/29/1991)

March 28, 1991

March 28, 1991

201

DECLARATION by Jocelyn D. Larkin on behalf of plaintiff re memorandum [200 − 1] (gba, COURT STAFF) (Entered: 03/29/1991)

March 28, 1991

March 28, 1991

RECEIVED Order granting defendant's motion to dismiss class claims brought under the California Fair Employment and Housing Act. (gba, COURT STAFF) (Entered: 03/29/1991)

March 28, 1991

March 28, 1991

202

AMENDED Table of Contents for MEMORANDUM by defendant Lucky Stores, INC. in support of memorandum [196 − 1] (dm, COURT STAFF) (Entered: 04/04/1991)

March 29, 1991

March 29, 1991

203

AMENDED Table of Contents for MEMORANDUM by defendant Lucky Stores, INC. in support of memorandum [195 − 1] (dm, COURT STAFF) (Entered: 04/04/1991)

March 29, 1991

March 29, 1991

RECEIVED supplemental stipulation and order regarding non − waiver of priviledge and the protection of the confidentiality of information submitted by defendant Lucky Stores, INC. (dm, COURT STAFF) (Entered: 04/04/1991)

March 29, 1991

March 29, 1991

204

MEMORANDUM by plaintiff Nancy J. Stender regarding defendant's specification of confidential documents UNDER SEAL (dm, COURT STAFF) Modified on 04/04/1991 (Entered: 04/04/1991)

April 1, 1991

April 1, 1991

205

DECLARATION by Jocelyn D. Larkin on behalf of plaintiff Nancy J. Stender re memorandum [204 − 1] re defendant's specification of confidential documents UNDER SEAL (dm, COURT STAFF) Modified on 04/04/1991 (Entered: 04/04/1991)

April 1, 1991

April 1, 1991

RECEIVED order re confidentiality of defendant submitted by plaintiff Nancy J. Stender UNDER SEAL (dm, COURT STAFF) Modified on 04/04/1991 (Entered: 04/04/1991)

April 1, 1991

April 1, 1991

206

STIPULATION and ORDER by Judge Marilyn H. Patel : Regarding non − waiver of priviledge of the confidentiality of information (cc: all counsel) (dm, COURT STAFF) (Entered: 04/04/1991)

April 2, 1991

April 2, 1991

207

STIPULATION and ORDER by Judge Marilyn H. Patel : Upon receipt of Exhibit A Lucky will produce a diskette re survey answers (cc: all counsel) (dm, COURT STAFF) (Entered: 04/04/1991)

April 2, 1991

April 2, 1991

208

ORDER denying defendant's motion for summary judgement as to these positions and granting motion for summary judgment as to the promotion of blacks to these positions by Judge Marilyn H. Patel (cc: all counsel) (gba, COURT STAFF) (Entered: 04/08/1991)

April 4, 1991

April 4, 1991

Clearinghouse
210

PROOF OF SERVICE by defendant Lucky Stores, INC. of stipulation filed 4/2/91 (dm, COURT STAFF) (Entered: 04/17/1991)

April 11, 1991

April 11, 1991

211

LETTER dated 4/15/91 from Elvira Minjarez confirming rescheduling pretrial conference to 5/14/91 at 2:00 (dm, COURT STAFF) (Entered: 04/17/1991)

April 15, 1991

April 15, 1991

212

LETTER dated 4/17/91 from Jocelyn D. Larkin re return documents (gba, COURT STAFF) (Entered: 04/24/1991)

April 19, 1991

April 19, 1991

213

ORDER by Magistrate Claudia Wilken of on in camera review of documents (cc: all counsel) ( entered 4/29/91) Date Entered 4/29/91) (gba, COURT STAFF) (Entered: 04/29/1991)

April 23, 1991

April 23, 1991

214

NOTICE by defendant of letter to Magistrate Claudia Wilken dated 3/28/91 (gba, COURT STAFF) (Entered: 05/03/1991)

May 2, 1991

May 2, 1991

215

LIST OF WITNESS(ES) submitted by defendant for first phase of liability state of trial. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

216

FIRST STIPULATION regarding documents (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

217

MEMORANDUM by defendant in support of motion to reconsider denial of defendant's motion for partial summary judgment or, in the alternative, motion in limine to exclude evidence regarding plaintiffs' disparate impact claim. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

218

DECLARATION by Kirby Wilcox on behalf of defendant re memorandum [217 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order re: [217 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

219

MEMORANDUM by defendant in support of motion in limine for order granting standing objection and preservation of appeal of admissibility of specter evidence. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order granting motion in limine as to standing objection and preservation of privilege and right to appeal evidentiary ruling. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

220

MEMORANDUM by defendant in support to motion in limine to exclude expert testimony and expert report. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

221

DECLARATION by James E. Boddy on behalf of defendant re memorandum [220 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order granting defendant motion in limine to exclude expert testimony and expert report. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

222

MEMORANDUM by defendant in support of motion in limine to establish allocation of proof. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order granting defendant motion in limine to establish allocation of proof. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

223

MEMORANDUM by defendant in support of motion in limine to exclude evidence under Federal Rule Evidence 407. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

224

DECLARATION by Kathleen V. Fisher on behalf of defendant in support of defendant motion in limine to exclude evidence under federal rule evidence 407 (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order granting motion in limine to exlude evidence under federal rule evidence 407 submitted by defendant (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

225

MEMORANDUM by defendant in support of motion in limine to exclude evidence on the issue of punitive damages (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order granting motion in limine to exclude evidence on the issue of punitive damages submitted by defendant. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

227

NOTIVE OF MOTIONS AND MOTION by defendant in limine with Notice set for 5/14/91 @2:00pm. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

228

MEMORANDUM by defendant in support of motion in limine [227 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

229

DECLARATION by Kathleen V. Fisher on behalf of defendant re motion in limine [227 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order re: [227 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

230

MOTION by plaintiff in limine re computer codes and documentation with Notice set for 5/14/91 @2:00pm. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

231

DECLARATION by Brad Seligman on behalf of plaintiff re motion in limine re computer codes and documentation [230 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order re: [230 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

232

MOTION by plaintiff in limine re applicant flow data with Notice set for 5/14/91 @2:00pm. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

233

DECLARATION by Brad Seligman on behalf of plaintiff re motion in limine re applicant flow data [232 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order re: [232 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

234

MOTION by plaintiff in limine re entry − level database with Notice set for 5/14/91 @2:00pm. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

235

DECLARATION by Brad Seligman on behalf of plaintiff re motion in limine re entry − level database [234 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order re: [234 − 1] (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

236

MEMORANDUM of points and authorities by plaintiff in support of motion in limine re Southern California "interest surveys". (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

237

DECLARATION by Donna M. Ryu on behalf of plaintiff in support to motion in limine re Southern California "interest surveys". (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

RECEIVED Order granting plaintiffs' motion in limine re Southern California "interest surveys". (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

238

STAGE I WITNESS(ES) list submitted by plaintiff (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

239

JOINT STATEMENT of undisputed facts by plaintiff Nancy J. Stender, defendant Lucky Stores, INC. (gba, COURT STAFF) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

240

RESPONSE by defendant to plaintifs' motion in limine re Southern California "interest surveys" (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

RECEIVED Proposed order denying plaintiffs' motion in limine re Southern California surveys submitted by defendant (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

241

NOITCE OF MOTION AND MOTION by defendant to exclude witnesses with Notice set for 5/14/91 @2:00pm. (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

243

DECLARATION by James E. Boddy, Jr on behalf of defendant re motion to exclude witnesses [241 − 1] (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

RECEIVED Proposed order granting motion to exclude witnesses submitted by defendant re: [241 − 1] (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

244

MEMORANDUM by defendant in opposition motion in limine re computer codes and documentation [230 − 1] (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

245

DECLARATION by Kirby Wilcox on behalf of defendant re opposition memorandum [244 − 1] (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

RECEIVED Order denying plaintiffs' motion in limine re computer codes (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

246

RESPONSE by defendant re motion in limine re entry − level database [234 − 1], re motion in limine re applicant flow data [232 − 1] (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

247

DECLARATION by Lori Leigh on behalf of defendant re response [246 − 1] (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

248

DECLARATION by Kirby Wilcox on behalf of defendant re response [246 − 1] (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

RECEIVED Order denying plaintiffs' motions in limine as to applicant flow data and entry − level database. (gba, COURT STAFF) (Entered: 05/10/1991)

May 9, 1991

May 9, 1991

249

RESPONSE by plaintiff to defendant motion for "standing objection" to specter evidence. (gba, COURT STAFF) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

250

DECLARATION by Brad Seligman on behalf of plaintiff in oppositions to defendant's motion to reconsider denial of partial summary judgment order. (gba, COURT STAFF) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

251

OPPOSITION by plaintiff to motion reconsider denial of partial summary judgment order. (gba, COURT STAFF) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

252

OPPOSITION by plaintiff to defendant's motion in limine as to plaintiffs' claims under 42 U.S.C. section 1981. (gba, COURT STAFF) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

253

DECLARATION by Brad Seligman] on behalf of plaintiff re opposition [252 − 1] (gba, COURT STAFF) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

254

OPPOSITION by plaintiff to motion in limine to establish allocation of proof. (gba, COURT STAFF) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

255

DECLARATION by Brad Seligman on behalf of plaintiff re opposition [254 − 1] (gba, COURT STAFF) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

256

MEMORANDUM of points and authorities by plaintiff in opposition to defendant's motion in limine to exclude evidence on the issue of punitive damages. (gba, COURT STAFF) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

257

DECLARATION by Donna M. Ryu on behalf of plaintiff re opposition memorandum [256 − 1] (gba, COURT STAFF) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

258

OPPOSITION by plaintiff to defendant's motion in limine under Federal Rule of evidence 407. (gba, COURT STAFF) (Entered: 05/13/1991)

May 10, 1991

May 10, 1991

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 22, 1988

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Employees of Lucky Stores on behalf of a class of all female, Black, and Hispanic past, present, and future employees of Lucky

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Impact Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Lucky Stores, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 108000000

Order Duration: 1994 - 2004

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Implement complaint/dispute resolution process

Preliminary relief granted

Promotion

Recordkeeping

Reporting

Training

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Seniority

Training

Discrimination-basis:

National origin discrimination

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

National Origin/Ethnicity:

Hispanic