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Case: Tucker v. Walgreen Company

3:05-cv-00440 | U.S. District Court for the Southern District of Illinois

Filed Date: June 20, 2005

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On June 20, 2005, several African American employees filed a putative class action racial discrimination lawsuit against their employer, the Walgreen Company [Walgreens], in the U.S. District Court for the Southern District of Illinois in East St. Louis, pursuant to Title VII of the Civil Rights Act of 1964, as amended, ["Title VII"] and 42 U.S.C. § 1981. The plaintiffs alleged that Walgreens practiced nationwide systemic racial discrimination against its African-American management employees b…

On June 20, 2005, several African American employees filed a putative class action racial discrimination lawsuit against their employer, the Walgreen Company [Walgreens], in the U.S. District Court for the Southern District of Illinois in East St. Louis, pursuant to Title VII of the Civil Rights Act of 1964, as amended, ["Title VII"] and 42 U.S.C. § 1981. The plaintiffs alleged that Walgreens practiced nationwide systemic racial discrimination against its African-American management employees by: (1) denying African-Americans selection for entry level positions of Assistant Manager/Management Trainees; (2) denying promotions to African-American employees in retail and pharmacy career paths, and in district and corporate management; and (3) making store assignments to African-American management trainees, managers, and pharmacists by steering them into stores which fall into predominately African-American and/or lower income peer groups.

The plaintiffs, represented by private counsel, sought declaratory and injunctive relief, and compensatory and punitive damages. The plaintiffs also sought class certification on behalf of all former, current, and future African-American management employees and applicants for management nationwide, as well as for current and former African-American pharmacists.

On September 22, 2006, the plaintiffs filed a second amended complaint, over defendant's objection. The defendant then moved to dismiss the plaintiffs' disparate impact claims and certain claims of a named plaintiff.

On December 4, 2006, following a hearing, the District Court (Judge G. Patrick Murphy) denied Walgreens' motion to dismiss.

At the request of the parties and the mediator Mr. Hunter Hughes, the District Court (Judge Murphy) issued a stay of the action for 60 days so that settlement negotiations could continue. The Stay was lifted on March 7, 2007 by Judge Murphy and the case was reset for a status conference on April 23, 2007.

Also on March 7, 2007, the EEOC filed a separate racial discrimination lawsuit against Walgreens in the U.S. District Court for the Southern District of Illinois. That case was styled EEOC v. Walgreen Company, 07-cv-00172-MJR-CJP [EE-IL-257 in the Clearinghouse -- linked under "related cases"]. On March 12, 2007, the EEOC filed a motion to consolidate the EEOC case with the Tucker v. Walgreen Company case.

The motion to consolidate was granted by Judge Murphy on April 23, 2007 and the parties to both cases were ordered to file all further pleadings in the Tucker case, Case No. 05-440-GPM-CJP. Judge Murphy also allowed another individual to intervene as a party plaintiff. She filed her Complaint in Intervention on April 26, 2007.

The District Court conditionally certified the Settlement Class on October 5, 2007 as "All African Americans who are or were employed by Walgreens in a Management Trainee, Executive Assistant Manager, Store Manager, Pharmacist, or Pharmacy Manager position for any length of time between June 20, 2001, and the Preliminary Approval Date."

On March 24, 2008, Judge Murphy approved a consent decree pursuant to which a settlement fund of $24,407,500 was established to be distributed among class members, representatives and to cover attorney fees and expenses. Additionally, the consent decree called for injunctive relief in the form of requiring Walgreen to abide by all applicable laws, to retain consultants to review its employment processes, to establish Promotional Benchmarks for the selection of African Americans, and to create a non-discrimination training program to all employees in relevant positions. The decree was scheduled to last (and be enforceable) for 5 years.

On Sept 21, 2011, Judge Murphy approved the parties' agreement that Walgreens reimburse the now closed Qualified Settlement Fund by making direct payments to the late-appearing class members whose shares were not paid previously because said class members did not surface until after the disbursement of the settlement funds.

There are no further docket entries. So presumably, the case closed as scheduled in 2013, five years after entry of the consent decree.

Summary Authors

David Miller (4/28/2010)

Sichun Liu (2/1/2019)

Related Cases

EEOC v. Walgeen Company, Southern District of Illinois (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4754471/parties/tucker-v-walgreen-company/


Judge(s)
Attorney for Plaintiff

Baller, Morris J. (California)

Baran, Andrea G. (Kansas)

Coopman, Amy L. (Missouri)

Attorney for Defendant

Barner, Rachel F. (Illinois)

Bateman, Paul E. (Illinois)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:05-cv-00440

Docket [PACER]

Sept. 21, 2011

Sept. 21, 2011

Docket
37

3:05-cv-00440

Plaintiffs’ Motion to Compel Responses to Plaintiffs’ First Request for Production of Documents

Oct. 28, 2005

Oct. 28, 2005

Pleading / Motion / Brief
37-13

3:05-cv-00440

Statistical Analysis of Gender Patterns in Wal-Mart Workforce (by Richard Drogin, Ph. D.)

Oct. 28, 2005

Oct. 28, 2005

Monitor/Expert/Receiver Report
37-16

3:05-cv-00440

Declaration of Marc Bendick, Jr., Ph.D.

Oct. 28, 2005

Oct. 28, 2005

Monitor/Expert/Receiver Report
48-3

3:05-cv-00440

Supplementary Declaration of Marc Bendick, Jr., Ph.D.

Dec. 12, 2005

Dec. 12, 2005

Monitor/Expert/Receiver Report
86

3:05-cv-00440

Second Amended Complaint

Sept. 22, 2006

Sept. 22, 2006

Complaint
112-1

3:05-cv-00440

Complaint in Intervention

EEOC and Phillips v. Walgreen Co.

April 26, 2007

April 26, 2007

Complaint
125

3:05-cv-00440

Memorandum and Order

Oct. 5, 2007

Oct. 5, 2007

Order/Opinion

2007 WL 2915578

136

3:05-cv-00440

Consent Decree

March 24, 2008

March 24, 2008

Settlement Agreement
138

3:05-cv-00440

Joint Motion For Entry Of Order Necessary to Implement Relief Under Consent Decree

Aug. 11, 2011

Aug. 11, 2011

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4754471/tucker-v-walgreen-company/

Last updated July 29, 2026, 12:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Walgreen Company (Filing fee $250, receipt number 300 105652), filed by Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, John Tucker, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, and Angela Miller. (Attachments: # 1 Civil Cover Sheet)(lmb) (Entered: 06/21/2005)

June 20, 2005

June 20, 2005

2

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Tiffany B. Klosener for Arien Jackson; William Strickland; John Tucker; Oscar Green; Mike Jackson; Kevin Riddle; Avery Anderson; Malica Page; Angela Miller; Jovan Haney and Leon Bradley. ($100.00 fee paid, receipt number 300 105653) (lmb) (Entered: 06/21/2005)

June 20, 2005

June 20, 2005

3

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Kent Spriggs for Arien Jackson; William Strickland; John Tucker; Oscar Green; Mike Jackson; Kevin Riddle; Avery Anderson; Malica Page; Angela Miller; Jovan Haney and Leon Bradley. ($100 fee paid, receipt number 300 105653) (lmb) (Entered: 06/21/2005)

June 20, 2005

June 20, 2005

4

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Amy L. Coopman for Arien Jackson; William Strickland; John Tucker; Oscar Green; Mike Jackson; Kevin Riddle; Avery Anderson; Malica Page; Angela Miller; Jovan Haney and Leon Bradley. ($100 fee paid, receipt number 300 105653) (lmb) (Entered: 06/21/2005)

June 20, 2005

June 20, 2005

5

Letter regarding PHV sent to Attorney W. James Foland. (lmb) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

6

CJRA TRACK D assigned: Jury Trial set for presumptive month of 6/2007 in East St. Louis Court House before Chief Judge G. Patrick Murphy. Signed by Judge G. Patrick Murphy on 6/30/05. (lmc) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

7

REQUEST FOR WAIVER of Service sent to Defendant Walgreen on June 21, 2005 by John Tucker. Waiver of Service due by 7/21/2005. (Coopman, Amy) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

8

WAIVER OF SERVICE Returned Executed by Walgreen Company. Walgreen Company waiver sent on 6/30/2005, answer due 8/29/2005. (Coopman, Amy) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

9

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney W. James Foland for Arien Jackson; William Strickland; John Tucker; Oscar Green; Mike Jackson; Kevin Riddle; Avery Anderson; Malica Page; Angela Miller; Jovan Haney and Leon Bradley. $100.00 fee paid, receipt number 300 105892 (jmp) (Entered: 07/12/2005)

July 7, 2005

July 7, 2005

10

NOTICE of Scheduling and Discovery Conference: Telephone Scheduling/Discovery Conference set for 8/22/2005 at 9:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

11

AMENDED COMPLAINT against Walgreen Company, filed by Traci Dansberry, Chris Dargin, Carlos Zimmerman, Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, John Tucker, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Angela Miller.(Klosener, Tiffany) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

12

NOTICE of Appearance by Thomas R. Peters on behalf of Walgreen Company (Peters, Thomas) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

13

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Shanthi V. Gaur for Walgreen Company. $100.00 fee paid, receipt number 300 106540. (jmp) (Entered: 08/08/2005)

Aug. 5, 2005

Aug. 5, 2005

14

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney John A. Ybarra for Walgreen Company. $100.00 fee paid, receipt number 300 106540 (jmp) (Entered: 08/08/2005)

Aug. 5, 2005

Aug. 5, 2005

15

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Allan G. King for Walgreen Company. $100.00 fee paid, receipt number 300 106540 (jmp) (Entered: 08/08/2005)

Aug. 5, 2005

Aug. 5, 2005

16

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Paul E. Bateman for Walgreen Company. $100.00 fee paid, receipt number 300 106540. (jmp) (Entered: 08/08/2005)

Aug. 5, 2005

Aug. 5, 2005

18

DOCKET ENTRY STRICKEN − NOTICE of Appearance by Curtis R. Picou on behalf of Walgreen Company (Picou, Curtis) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

19

MOTION to Continue Scheduling and Discovery Conference by Walgreen Company. (Picou, Curtis) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

20

MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Plead by Walgreen Company. (Picou, Curtis) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

21

Corporate Disclosure Statement by Walgreen Company. (Picou, Curtis) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

22

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 18 Notice of Appearance filed by Walgreen Company. See attached document for specifics. (jmp) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

23

RESPONSE to 19 Motion to Continue Scheduling and Discovery Conference filed by Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, John Tucker, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Angela Miller, Traci Dansberry, Chris Dargin, Carlos Zimmerman. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Klosener, Tiffany) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

24

REPLY to Response to Motion re 19 MOTION to Continue Scheduling and Discovery Conference filed by Walgreen Company. (Attachments: # 1 Exhibit Correspondence to Kent Spriggs)(Picou, Curtis) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

25

ORDER denying 19 Motion to Continue Telephone Scheduling and Discovery Conference. Signed by Judge Clifford J. Proud on 8/16/05. (dmw) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

26

ORDER granting 20 Motion for Extension of Time to 9/2/05 to Answer . Signed by Judge Clifford J. Proud on 8/16/05. (dmw) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

27

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Morris J. Baller for Plaintiffs Arien Jackson; William Strickland; John Tucker; Oscar Green; Mike Jackson; Kevin Riddle; Avery Anderson; Malica Page; Angela Miller; Traci Dansberry; Chris Dargin; Carlos Zimmerman; Jovan Haney and Leon Bradley. $100.00 fee paid,receipt number 300 106898 (trb) (Entered: 08/22/2005)

Aug. 19, 2005

Aug. 19, 2005

28

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Teresa Demchak for Plaintiffs Arien Jackson; William Strickland; John Tucker; Oscar Green; Mike Jackson; Kevin Riddle; Avery Anderson; Malica Page; Angela Miller; Traci Dansberry; Chris Dargin; Carlos Zimmerman; Jovan Haney and Leon Bradley. $100.00 fee paid,receipt number 300 106898. (trb) (Entered: 08/22/2005)

Aug. 19, 2005

Aug. 19, 2005

29

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Joseph E. Jaramillo for Plaintiffs Arien Jackson; William Strickland; John Tucker; Oscar Green; Mike Jackson; Kevin Riddle; Avery Anderson; Malica Page; Angela Miller; Traci Dansberry; Chris Dargin; Carlos Zimmerman; Jovan Haney and Leon Bradley. $100.00 fee paid,receipt number 300 106898. (trb, ) (Entered: 08/22/2005)

Aug. 19, 2005

Aug. 19, 2005

30

NOTICE of Appearance by Rachel F. Barner on behalf of Walgreen Company (Barner, Rachel) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

31

NOTICE by Walgreen Company re 30 Notice of Appearance Amended Notice of Service (Barner, Rachel) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

32

Minute Entry for proceedings held before Judge Clifford J. Proud : Scheduling Conference held on 8/22/2005. Written Order to follow. (Court Reporter n/a.) (amv) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

33

ORDER Discovery due by 2/6/2007. Dispositive Motions due by 2/21/2007. Telephone Status Conference set for 2/17/2006 at 9:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. Signed by Judge Clifford J. Proud on 8/22/05. (Attachments: # 1 Joint Report)(amv) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

35

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 34 Notice filed by plaintiffs. See attached document for specifics (dmw) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

36

ANSWER to Amended Complaint by Walgreen Company.(Barner, Rachel) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

37

MOTION to Compel by Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, John Tucker, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Angela Miller, Traci Dansberry, Chris Dargin. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21)(Klosener, Tiffany) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

38

RESPONSE to 37 Motion to Compel, filed by Walgreen Company. (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 Exhibit I# 10 Exhibit J)(Hult, Keith) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

39

REPLY to Response to Motion re 37 MOTION to Compel filed by John Tucker. (Attachments: # 1 Exhibit Exhs A−B# 2 Exhibit Exhs C−E# 3 Exhibit Exhs F−G)(Demchak, Teresa) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

40

ORDER granting in part and denying in part 37 Motion to Compel. Parties shall submit proposed protective order by 12/10/05. If no action is taken by 12/13/05, defendant WalGreens shall produce documents in accordance with this Order. Signed by Judge Clifford J. Proud on 11/22/05. (amv)

Nov. 22, 2005

Nov. 22, 2005

RECAP
41

OBJECTION to 40 Order on Motion to Compel, by Walgreen Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Hult, Keith) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

42

MOTION for Hearing re 41 Objection to Magistrate Judge's November 22, 2005 Order by Walgreen Company. (Hult, Keith) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

43

MOTION to Stay re 40 Order on Motion to Compel, by Walgreen Company. (Hult, Keith) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

44

MOTION to Compel Discovery Responses by Walgreen Company. (Hult, Keith) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

45

MEMORANDUM in Support re 44 MOTION to Compel Discovery Responses filed by Walgreen Company. (Hult, Keith) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

46

EXHIBIT by Walgreen Company. Exhibit to 45 Memorandum in Support of Motion, 44 Motion to Compel (Appendix of Exhibits) . (Attachments: # 1 Exhibit 1 part 1# 2 Exhibit 1 part 2# 3 Exhibit 1 part 3# 4 Exhibit 2A part 1# 5 Exhibit 2A part 2# 6 Exhibit 2A part 3# 7 Exhibit 2A part 4# 8 Exhibit 2B part 1# 9 Exhibit 2B part 2# 10 Exhibit 2C part 1# 11 Exhibit 2C part 2# 12 Exhibit 3# 13 Exhibit 4# 14 Exhibit 5# 15 Exhibit 6 part 1# 16 Exhibit 6 part 2# 17 Exhibit 7)(Hult, Keith) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

47

ORDER DENYING 43 MOTION to Stay re 40 Order on Motion to Compel filed by Walgreen Company. Signed by Chief Judge G. Patrick Murphy on 12/9/2005. (ssd) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

48

MEMORANDUM in Opposition re 42 MOTION for Hearing re 41 Objection to Magistrate Judge's November 22, 2005 Order filed by John Tucker. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Demchak, Teresa) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

49

MOTION for Protective Order (Agreed to by the Parties) by Walgreen Company. (Attachments: # 1 Exhibit Agreed Protective Order)(Hult, Keith) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

50

NOTICE OF ERRORS AND/OR DEFICIENCIES re 49 Motion for Protective Order filed by Walgreen Company. See attached document for specifics (jmp) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

51

ORDER denying 49 Motion for Protective Order. Signed by Judge Clifford J. Proud on 12/16/05. (amv) (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

53

ORDER: DENYING 42 MOTION for Hearing re 41 Objection to Magistrate Judge's November 22, 2005 Order filed by Walgreen Company. Mag/Judge Proud's 11/22/05 Order is AFFIRMED. Signed by Judge G. Patrick Murphy on 12/19/05. (lmc)

Dec. 20, 2005

Dec. 20, 2005

RECAP
54

MEMORANDUM in Opposition re 44 MOTION to Compel Discovery Responses filed by John Tucker. (Attachments: # 1 Exhibit 1−3 with Index)(Jaramillo, Joseph) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

55

REPLY to Response to Motion re 44 MOTION to Compel Discovery Responses filed by Walgreen Company. (Hult, Keith) (Entered: 12/27/2005)

Dec. 27, 2005

Dec. 27, 2005

56

MOTION for Protective Order (Amended) by Walgreen Company. (Hult, Keith) (Entered: 12/27/2005)

Dec. 27, 2005

Dec. 27, 2005

57

MEMORANDUM in Support re 56 MOTION for Protective Order (Amended) filed by Walgreen Company. (Attachments: # 1 Exhibit Affidavits of Alex Siskos and Kurt Steffen)(Hult, Keith) (Entered: 12/27/2005)

Dec. 27, 2005

Dec. 27, 2005

58

MEMORANDUM in Opposition re 56 MOTION for Protective Order (Amended) filed by John Tucker. (Attachments: # 1 Affidavit Ex 1# 2 Exhibit 2# 3 Exhibit 2A# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 5A# 8 Exhibit 6# 9 Exhibit 7# 10 Affidavit Ex. 8)(Klosener, Tiffany) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

59

REPLY to Response to Motion re 56 MOTION for Protective Order (Amended) filed by Walgreen Company. (Attachments: # 1 Exhibit 1)(Hult, Keith) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

60

ORDER granting 56 Motion for Protective Order. Signed by Judge Clifford J. Proud on 2/8/06. (Attachments: # 1 Protective Order) (amv) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

61

Minute Entry for proceedings held before Judge Clifford J. Proud : Telephone Status Conference held on 2/17/2006. (Court Reporter n/a.) (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

62

MOTION for Extension of Time to Challenge or Otherwise Respond to Defendant's Confidential Designations by Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, John Tucker, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Angela Miller, Traci Dansberry, Chris Dargin, Carlos Zimmerman. (Klosener, Tiffany) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

63

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Tequiero M. Smith for Jovan Haney and Leon Bradley. $100.00 fee paid, receipt number 300 110366. (lmb) (Entered: 02/27/2006)

Feb. 23, 2006

Feb. 23, 2006

64

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Wendee N. Elliott−Clement for Jovan Haney and Leon Bradley. $100.00 fee paid, receipt number 300 110366. (lmb) (Entered: 02/27/2006)

Feb. 23, 2006

Feb. 23, 2006

65

ORDER granting 62 Motion for Extension of Time to challenge defendant's confidential designation up to 4/21/06. Signed by Judge Clifford J. Proud on 3/9/06. (amv) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

66

Joint MOTION for Extension of Time To Extend Deadlines In The Joint Report of the Parties by John Tucker. (Klosener, Tiffany) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

67

ORDER granting 66 Motion for Extension of Time. Telephone status conference set 6/29/06 at 10:00 am before Mag/Judge Proud. Signed by Judge Clifford J. Proud on 3/28/06. (amv) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

68

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Margaret P. Hogan for Walgreen Company. $100.00 fee paid, receipt number 300 111138. (lmb) (Entered: 04/04/2006)

April 3, 2006

April 3, 2006

70

ORDER granting 69 Motion to Withdraw as Attorney. Attorney Rachel F. Barner terminated. Signed by Judge Clifford J. Proud on 4/20/06. (amv) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

71

MOTION for Leave to File Second Amended Complaint by Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, John Tucker, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Angela Miller, Traci Dansberry, Chris Dargin, Carlos Zimmerman. (Attachments: # 1 Exhibit # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10)(Klosener, Tiffany) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

72

NOTICE OF ERRORS AND/OR DEFICIENCIES re 71 Motion for Leave to File, filed by John Tucker, Angela Miller, Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Traci Dansberry, Chris Dargin, and Carlos Zimmerman. See attached document for specifics. (jmp) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

73

RESPONSE in Opposition re 71 MOTION for Leave to File Second Amended Complaint filed by Walgreen Company. (Attachments: # 1 Exhibit 1: Page Deposition Excerpts# 2 Exhibit 2: Wafford Charge# 3 Exhibit 3: Wafford application# 4 Exhibit 4: Management Trainee Job Description# 5 Exhibit 5−Part I: Plaintiffs' Charges# 6 Exhibit 5−Part II − Plaintiffs' Charges# 7 Exhibit 6: Determination)(Gaur, Shanthi) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

74

MOTION for Leave to File /Submit Supplemental Authority by Walgreen Company. (Attachments: # 1 Exhibit A: Pacheco v. Norman Mineta opinion)(Gaur, Shanthi) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

75

MOTION for Leave to File Excess Pages re Reply in Support of Motion for Leave to File Second Amended Complaint by Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, John Tucker, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Angela Miller, Traci Dansberry, Chris Dargin, Carlos Zimmerman. (Baller, Morris) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

76

REPLY to Response to Motion re 71 MOTION for Leave to File Second Amended Complaint filed by Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, John Tucker, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Angela Miller, Traci Dansberry, Chris Dargin, Carlos Zimmerman. (Attachments: # 1 Exhibit Walford Decl.)(Baller, Morris) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

77

JOINT ORAL MOTION to Stay for 60 days by plaintiffs and defendant. (amv) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

78

Minute Entry for proceedings held before Judge Clifford J. Proud : Telephone Status Conference held on 6/29/2006. Representatives: Amy Coopman as principal counsel for plaintiffs; John Ybarra as principal counsel for defendant. 77 MOTION to Stay taken underadvisement. (Court Reporter n/a.)(amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

79

ORDER finding as moot 44 Motion to Compel. Signed by Judge Clifford J. Proud on 6/29/06. (amv) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

80

ORDER, Granting 77 JOINT MOTION to Stay Status Conference set for 9/1/2006 10:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. Signed by Judge Clifford J. Proud on 6/30/06. (amv)

June 30, 2006

June 30, 2006

RECAP
81

Minute Entry for proceedings held before Judge Clifford J. Proud : Telephone Status Conference held on 9/1/2006. Representatives: Tiffany Klosener as principal counsel for plaintiffs: John Ybarra as principal counsel for defendant. The Parties advise that the case has not been resolved. Plaintiffs orally move to lift the stay. The Court grants the motion to lift the stay. (Court Reporter n/a.) (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

83

ORDER Telephone Status Conference set for 11/15/2006 10:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. Signed by Judge Clifford J. Proud on 9/6/06. (amv) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

84

Joint MOTION for Extension of Time by Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, John Tucker, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Angela Miller, Traci Dansberry, Chris Dargin. (Klosener, Tiffany) (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

85

ORDER granting 84 Motion for Extension of Time. Second Amended Complaint due 9/22/06. Signed by Judge Clifford J. Proud on 9/15/06. (amv) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

86

AMENDED COMPLAINT Second against Walgreen Company, filed by John Tucker.(Klosener, Tiffany) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

87

MOTION to Dismiss Disparate Impact Claims and Certain Claims of Kimberly Wafford by Walgreen Company. Responses due by 11/8/2006 (Hult, Keith) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

88

Defendant's ANSWER to Complaint /Second Amended Class Action Complaint by Walgreen Company.(Ybarra, John) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

89

MEMORANDUM in Support re 87 MOTION to Dismiss Disparate Impact Claims and Certain Claims of Kimberly Wafford filed by Walgreen Company. (Attachments: # 1 Exhibit A−Charges of Discrimination Part 1# 2 Exhibit A−Charges of Discrimination−Part 2# 3 Exhibit B−Determination)(Hult, Keith) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

90

NOTICE of Hearing on 87 MOTION to Dismiss Disparate Impact Claims and Certain Claims of Kimberly Wafford: Motion Hearing set for 12/4/2006 at 01:30 PM in East St. Louis Court House before Chief Judge G. Patrick Murphy. (lmc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

91

Joint MOTION for Extension of Time for Service of Expert Witness Reports and Motion for Class Certification by John Tucker. (Attachments: # 1 Proposed Order)(Baller, Morris) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

92

NOTICE OF ERRORS AND/OR DEFICIENCIES re 91 Motion for Extension of Time filed by John Tucker. See attached document for specifics. (jmp) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

93

ORDER granting 91 Motion to extend pretrial schedule. Signed by Judge G. Patrick Murphy on 10/27/06. (dmw) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

94

NOTICE OF CANCELLATION of Hearing: The Telephone Status Conference set for 11/15/06 before Mag/Judge Proud is cancelled. The Court will not reset the conference at this time. (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

95

MEMORANDUM in Opposition re 87 MOTION to Dismiss Disparate Impact Claims and Certain Claims of Kimberly Wafford filed by John Tucker. (Attachments: # 1 Exhibit Second Amended Complaint)(Baller, Morris) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

96

AFFIDAVIT re 95 Memorandum in Opposition to Motion to Dismiss by John Tucker. (Attachments: # 1 Exhibit A − 3/16/06 Letter from Demchak to Ybarra)(Demchak, Teresa) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

97

MOTION for Extension of Time Plaintiffs' Motion for Partial Extension of Plaintiffs' Expert Report by Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, John Tucker, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Angela Miller, Traci Dansberry, Chris Dargin. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Klosener, Tiffany) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

99

REQUEST for Admissions by Walgreen Company. (Attachments: # 1 Exhibit Document referred to in Request No. 32)(Ybarra, John) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

100

ORDER granting 97 Motion for Extension of Time. Reports relating to promotion to Management Trainee must be produced on or before 11/25/06. Signed by Judge Clifford J. Proud on 11/14/06. (amv) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

101

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 98 Request for Admissions, filed by John Tucker, Angela Miller, Jovan Haney, Leon Bradley, Arien Jackson, William Strickland, Oscar Green, Mike Jackson, Kevin Riddle, Avery Anderson, Malica Page, Traci Dansberry, Chris Dargin, and Carlos Zimmerman. See attached document for specifics. (jmp) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

102

PLAINTIFFS' RESPONSES TO DEFENDANT'S FIRST SET OF REQUEST for Admissions by John Tucker.(Demchak, Teresa) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

103

REPLY to Response to Motion re 87 MOTION to Dismiss Disparate Impact Claims and Certain Claims of Kimberly Wafford filed by Walgreen Company. (Attachments: # 1 Exhibit 1 − Right to Sue Notices# 2 Exhibit 2 − EEOC Determinations# 3 Exhibit 3 − Hult Declaration)(Hult, Keith) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

104

Minute Entry for proceedings held before Judge G. Patrick Murphy : Motion Hearing held on 12/4/2006. DENYING 87 MOTION to Dismiss Disparate Impact Claims and Certain Claims of Kimberly Wafford filed by Walgreen Company. Written Order to follow. (Court Reporter Molly Clayton.) (lmc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

105

ORDER re 87 MOTION to Dismiss Disparate Impact Claims and Certain Claims of Kimberly Wafford filed by Walgreen Company: As set forth on the record during the hearing held on 12/4/2006, Plaintiffs' disparate impact claims are reasonably related to the allegations of their EEOC charges. See Farrell v. Butler University, 421 F.3d 609 (7th Cir. 2005). Thus, Plaintiffs have exhausted these claims. Moreover, the settled rule in federal court is that an amended complaint is deemed filed as of the time it is submitted to a court with a request for leave to file it. See, e.g., Moore v. Indiana, 999 F.2d 1125 (7th Cir. 1993); see also Fed. R. Civ. P. 3. Therefore, Kimberly Wafford's external applicant claim is not time−barred. For these reasons, the motion to dismiss is DENIED. Signed by Chief Judge G. Patrick Murphy on 12/4/2006. (ssd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

106

ORDER STAYING CASE: Pursuant to the stipulation of the parties, per the mediator, Mr. Hunter Hughes, this action is STAYED 60 days from this date. The parties are ORDERED to file a status report in 60 days. Signed by Chief Judge G. Patrick Murphy on 12/19/2006. (ssd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

Case Details

State / Territory:

Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: June 20, 2005

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African Americans who are or were employed by Walgreens in any Covered Position, for any length of time, between June 20, 2001, and the Preliminary Approval Date (start and end dates inclusive)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Walgreen Company

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Other Dockets:

Southern District of Illinois 3:05-cv-00440

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Goals (e.g., for hiring, admissions)

Implement complaint/dispute resolution process

Monitoring

Other requirements regarding hiring, promotion, retention

Promotion

Recordkeeping

Training

Amount Defendant Pays: $24,407,500

Order Duration: 2008 - 2013

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

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

Disparate Impact

Promotion

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Other

Affected Race(s):

Black

EEOC-centric:

Private Suit Related / Consolidated with EEOC Suit

Recommended Citation