Case: Mauldin v. Wal−Mart Stores

Mauldin v. Wal−Mart Stores

Mauldin v. Wal−Mart Stores

Mauldin v. Wal−Mart Stores

CLASS ACTION COMPLAINT filed. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 478419 (syh) (Entered: 10/19/2001)

Summons issued for defendant Wal-Mart Stores (jph)

Application for admission of Jennifer Templeton Schirmer, Kirk E. Chapman, Douglas J. Hoffman and Janine L. Pollack pro hac vice for plaintiff (to JEC) (jph) Modified on 11/15/2001 (Entered: 11/15/2001)

Return of service executed 11/1/01 as to Wal-Mart Stores on original complaint (jph) Modified on 11/15/2001 (Entered: 11/13/2001)

Application for admission of Sigmund S. Wissner-Gross pro hac vice for plaintiff (jph) (Entered: 11/15/2001)

ENDORSED ORDER by Judge Julie E. Carnes GRANTING [2-1] pro hac vice application of Janine L. Pollack, Kirk E. Chapman, Douglas J. Hoffman, and Jennifer Templeton Schirmer (cc) (jph)

ENDORSED ORDER by Judge Julie E. Carnes GRANTING [4-1] pro hac vice application of Sigmund S. Wissner-Gross (cc) (jph)

Proposed Consent order extending time thru 12/21/01 to respond to [1-1] complaint . (to JEC) (jph)

CONSENT ORDER by Judge Julie E. Carnes, extending time to respond to [1-1] complaint, Answer due 12/21/01 for Wal-Mart Stores (cc) (jph) (Entered: 12/03/2001)

Added attorney for defendant: Theresa E. Yelton. (jph)

Application for admission of Mark A. Casciari and Charles Chejfec pro hac vice for defendant (to JEC) (jph) (Entered: 12/10/2001)

ENDORSED ORDER by Judge Julie E. Carnes GRANTING [6-1] pro hac vice application for Mark A. Casciari and Charles Chejfec (cc) (jph)

MOTION by defendant to transfer venue with brief in support. (jph) (Entered: 01/02/2002)

MOTION by defendant to stay filing and related scheduling deadlines pending disposition of motion to transfer venue with brief in support. (jph) (Entered: 01/02/2002)

Notice of filing original affidavit of Thomas Emerick by defendant in support of motion to transfer venue. (jph) (Entered: 01/02/2002)

Proposed Consent order extending time thru 1/22/02 to respond to [8-1] motion to stay filing and related scheduling deadlines pending disposition of motion to transfer venue, [7-1] motion to transfer venue . (to JEC) (jph)

CONSENT ORDER by Judge Julie E. Carnes, extending time thru 1/22/02 to respond to [8-1] motion to stay filing and related scheduling deadlines pending disposition of motion to transfer venue, [7-1] motion to transfer venue (cc) (jph) (Entered: 01/10/2002)

CONSENT ORDER by Judge Julie E. Carnes clarifing consent order filed 12/27/01 (cc) (jph) (Entered: 01/11/2002)

Memorandum of law by plaintiff in opposition to [8-1] motion to stay filing and related scheduling deadlines pending disposition of motion to transfer venue (jph) (Entered: 01/14/2002)

MOTION by plaintiff for class certification with brief in support. (jph) (Entered: 01/15/2002)

Memorandum by plaintiff in opposition to [8-1] motion to stay filing and related scheduling deadlines pending disposition of motion to transfer venue (jph) (Entered: 01/15/2002)

REPLY by defendant to response to [8-1] motion to stay filing and related scheduling deadlines pending disposition of motion to transfer venue (jph) (Entered: 01/15/2002)

SUBMITTED to Judge Julie E. Carnes on [8-1] motion to stay filing and related scheduling deadlines pending disposition of motion to transfer venue (jph)

Memorandum by plaintiff in opposition to [7-1] motion to transfer venue (jph) (Entered: 01/22/2002)

SUBMITTED to Judge Julie E. Carnes on [7-1] motion to transfer venue (FILE IN CHAMBERS) (jph)

CORRECTED REPLY by defendant to response to [8-1] motion to stay filing and related scheduling deadlines pending disposition of motion to transfer venue (jph) (Entered: 01/28/2002)

CONSENT ORDER by Judge Julie E. Carnes, extending time to respond to [13-1] motion for class certification, [13-1] motion for class certification to be submitted on 3/5/02 (cc) (jph) (Entered: 01/30/2002)

Certificate of interested persons. (to judge) (jph) (Entered: 02/04/2002)

Reply brief to [7-1] motion to transfer venue by defendant. (jph) (Entered: 02/07/2002)

CONSENT ORDER by Judge Julie E. Carnes, extending time thru 5/3/02 to respond to [13-1] motion for class certification and thru 6/5/02 to file reply to response on said motion (cc) (jph) (Entered: 02/25/2002)

Stipulation by parties regarding answer to complaint (jph) (Entered: 02/25/2002)

ANSWER by defendant to complaint [1-1] Discovery ends 7/25/02 (jph) (Entered: 02/25/2002)

ORDER by Judge Julie E. Carnes DENYING [7-1] motion to transfer venue by Wal-Mart Stores, denying as moot the [8-1] motion to stay filing and related scheduling deadlines pending disposition of motion to transfer venue by Wal-Mart Stores, (cc) (jph) (Entered: 02/26/2002)

Added attorney for defendant: Allen William Groves. (jph)

ANSWERS TO INITIAL DISCLOSURES by plaintiff (jph) (Entered: 02/26/2002)

Preliminary Report and Discovery Schedule. (to judge) (jph) (Entered: 03/21/2002)

ENDORSED ORDER by Judge Julie E. Carnes APPROVING [26-1] preliminary statement, Discovery ends 11/22/02 (cc) (jph)

SCHEDULING ORDER by Judge Julie E. Carnes, discovery ends 11/22/02, motions for summary jgm must be filed by 12/12/02 and pto due 30 days after, and if no motions for sum jgm then pre-trial order due on 12/23/02, [27-1] order to be submitted on 12/24/02 if no motions for sum jgm or pto filed (cc) (jph) (Entered: 04/10/2002)

Memorandum by defendant in opposition to [13-1] motion for class certification w/unpublished decisions cited (jph) Modified on 05/06/2002 (Entered: 05/06/2002)

Consent by plaintiff to [13-1] motion for class certification (jph) (Entered: 05/09/2002)

MOTION by defendant for leave to file class certification opposition with brief in support. (jph) (Entered: 05/16/2002)

Proposed Consent order extending time to respond to [28-1] response by plaintiff and extending the page limit for pla's reply. (jph)

CONSENT ORDER by Judge Julie E. Carnes, extending time thru 7/11/02 for plaintiff to file her reply in support of [13-1] motion for class certification, and the page limit for plaintiff's reply is extended, not to exceed 40 pages (cc) (adg) (Entered: 05/28/2002)

ORDER by Judge Julie E. Carnes GRANTING [30-1] motion for leave to file class certification opposition (cc) (jph) (Entered: 05/31/2002)

SUBMITTED to Judge Julie E. Carnes on [13-1] motion for class certification (jph)

Reply brief to [13-1] motion for class certification by plaintiff. (jph) (Entered: 07/11/2002)

MOTION by defendant for protective order with brief in support. (jph) (Entered: 07/12/2002)

Response by plaintiff to [34-1] motion for protective order (jph) (Entered: 07/30/2002)

SUBMITTED to Judge Julie E. Carnes on [34-1] motion for protective order (FILE IN CHAMBERS) (jph)

Reply brief in support of [34-1] motion for protective order by defendant. (jph) (Entered: 08/14/2002)

ORDER by Judge Julie E. Carnes GRANTING IN PART AND DENYING IN PART [13-1] motion for class certification by Lisa Smith Mauldin. The Court hereby CERTIFIES this action as a class action, but it has to be determined that the class should be defined more narrowly than the class proposed by the pla. Pla shall be permitted to bring this Title VII action on behalf of herself and a class of persons that includes all female employees of Wal-Mart's health insurance plan any time after 3/8/01 and who used prescription contraceptives during the relevant time period. (cc) (jph) (Entered: 08/27/2002)

Application for admission of Alissa Lipson pro hac vice for defendant (to JEC) (jph) (Entered: 09/03/2002)

ENDORSED ORDER by Judge Julie E. Carnes GRANTING [38-1] pro hac vice application of Alissa Lipson (cc) (jph) (Entered: 09/10/2002)

MOTION by defendant for reconsideration of [37-1] order with brief in support. (jph) (Entered: 09/12/2002)

Corrected memorandum by defendant in support of [40-1] motion for reconsideration of [37-1] order (jph) (Entered: 09/13/2002)

Attorney appearance for defendant by Antonia "Anna" R. Palmer (jph) (Entered: 10/02/2002)

Response by plaintiff to [40-1] motion for reconsideration of [37-1] order (jph) (Entered: 10/02/2002)

SUBMITTED to Judge Julie E. Carnes on [40-1] motion for reconsideration of [37-1] order (FILE IN CHAMBERS) (jph)

MOTION to withdraw by Theresa E. Yelton as attorney for Wal-Mart Stores (jph) (Entered: 10/07/2002)

EMERGENCY MOTION by plaintiff to compel documents and answers to interrogatories with brief in support and affidavit of Janine L. Pollack. (jph) (Entered: 10/08/2002)

Reply brief to [40-1] motion for reconsideration of [37-1] order by defendant. (jph) (Entered: 10/08/2002)

MOTION by defendant for protective order, and to compel pla to provide expert disclosures with brief in support. (jph) (Entered: 10/08/2002)

SUBMITTED to Judge Julie E. Carnes on [45-1] motion to compel documents and answers to interrogatories (FILE IN CHAMBERS) (jph)

TELE-CONFERENCE HELD before Judge Julie E. Carnes. Court scheduled conference on discovery dispute for 10/11/02 at 2:00pm. All parties agreed to a two week extension of discovery if the matters are not resolved. (jph) (Entered: 10/10/2002)

Reply by defendant to [45-1] motion to compel documents and answers to interrogatories (jph) (Entered: 10/15/2002)

Motion HEARING held before Judge Julie E. Carnes regarding [34-1] motion for protective order and [45-1] motion to compel documents and answers to interrogatories (jph) (Entered: 10/17/2002)

TRANSCRIPT filed RE: Hearing for dates of 10/11/02 Court Reporter: David Ritchie (jph) (Entered: 10/31/2002)

VERBAL ORDER by Judge Julie E. Carnes GRANTING [34-1] motion for protective order, dft will provide pto by 10/16/02; GRANTING IN PART AND DENYING IN PART [45-1] motion to compel documents and answers to interrogatories by Lisa Smith Mauldin, Discovery ends 1/24/03 and summary judgment motions are due 20 days thereafter. Pla's expert report due a week from day of hearing; pla's administrative export report due 2 weeks from date of hearing (jph)

Affidavit of Peggy Enkler and Kris Howard (jph) (Entered: 10/16/2002)

Stipulation and order by parties governing production of confidential information. (to JEC) (jph) (Entered: 10/18/2002)

ENDORSED ORDER by Judge Julie E. Carnes APPROVING [52-1] stipulation by Wal-Mart Stores, Lisa Smith Mauldin (cc) (jph) (Entered: 10/18/2002)

Response by plaintiff to [47-2] motion to compel pla to provide expert disclosures (jph) (Entered: 10/22/2002)

REPLY by defendant to response to [47-2] motion to compel pla to provide expert disclosures (jph) (Entered: 10/24/2002)

SUBMITTED to Judge Julie E. Carnes on [44-1] motion to withdraw by Theresa E. Yelton as attorney for Wal-Mart Stores (FILE IN CHAMBERS) (jph)

SUBMITTED to Judge Julie E. Carnes on [47-1] motion for protective order, [47-2] motion to compel pla to provide expert disclosures (FILE IN CHAMBERS) (jph)

MOTION by plaintiff pursuant to Rule 23(d)(2) to serve notice on class with brief in support. (jph) (Entered: 11/04/2002)

Proposed consent order extending time thru 11/27/02 for dft to respond to the [57-1] motion pursuant to Rule 23(d)(2) to serve notice on class. (to JEC) (ck)

MOTION by defendant for leave to file additional memorandum in support of the Court's August 23,2002 class certification order, with incorporated memorandum of law with proposed memorandum attached. (jph) Modified on 11/19/2002 (Entered: 11/19/2002)

MOTION by defendant to strike portions of pla's expert reports with incorporated memorandum of law. (jph) (Entered: 11/19/2002)

Memo by CRD directing pla to respond to [59-1] motion to strike portions of pla's expert reports within 10 days of the date of service, [59-1] motion to strike portions of pla's expert reports to be submitted on 12/9/02 (cc by CRD) (jph) (Entered: 11/21/2002)

CONSENT ORDER by Judge Julie E. Carnes, extending time thru 11/27/02 for dft to respond to [57-1] motion pursuant to Rule 23(d)(2) to serve notice on class, [57-1] motion pursuant to Rule 23(d)(2) to serve notice on class to be submitted on 11/29/02 (cc) (jph) (Entered: 11/26/2002)

Proposed Consent order extending time to respond to [58-1] motion for leave to file additional memorandum in support of the Court's August 23,2002 class certification order, by plaintiff. (to JEC) (jph)

Defendant's opposition to [57-1] motion pursuant to Rule 23(d)(2) to serve notice on class (jph) Modified on 12/03/2002 (Entered: 11/27/2002)

CONSENT ORDER by Judge Julie E. Carnes, extending time thru 12/13/02 for plaintiff to respond to [58-1] motion for leave to file additional memorandum in support of the Court's August 23,2002 class certification order and extending time thru 1/7/03 for dft to reply to plaintiffs response, [58-1] motion for leave to file additional memorandum in support of the Court's August 23,2002 class certification order to be submitted on 12/13/02 (cc) (adg) Modified on 12/03/2002 (Entered: 12/03/2002)

Notice of filing original affidavit of Kathy Rainey by defendant. (adg) (Entered: 12/03/2002)

SUBMITTED to Judge Julie E. Carnes on [57-1] motion pursuant to Rule 23(d)(2) to serve notice on class (FILE IN CHAMBERS) (jph)

Response by plaintiff in opposition to [59-1] motion to strike portions of pla's expert reports ***FILED UNDER SEAL*** (cdg) Modified on 12/03/2002 (Entered: 12/03/2002)

Amended opposition by plaintiff to [59-1] motion to strike portions of pla's expert reports ***FILED UNDER SEAL*** (jph) (Entered: 12/04/2002)

Reply brief to [59-1] motion to strike portions of pla's expert reports by plaintiff. ***FILED UNDER SEAL*** (jph) (Entered: 12/09/2002)

SUBMITTED to Judge Julie E. Carnes on [59-1] motion to strike portions of pla's expert reports (FILE IN CHAMBERS) (jph)

Response by plaintiff to [58-1] motion for leave to file additional memorandum in support of the Court's August 23,2002 class certification order, (jph) (Entered: 12/16/2002)

Reply brief to [58-1] motion for leave to file additional memorandum in support of the Court's August 23,2002 class certification order, by defendant. (ck) (Entered: 12/17/2002)

SUBMITTED to Judge Julie E. Carnes on [58-1] motion for leave to file additional memorandum in support of the Court's August 23,2002 class certification order, (FILE IN CHAMBERS) (jph)

Reply brief to [57-1] motion pursuant to Rule 23(d)(2) to serve notice on class by plaintiff. (ck) (Entered: 12/23/2002)

Expedited MOTION by defendant to extend time for discovery with proposed order (to JEC) (bsm) (Entered: 01/23/2003)

ORDER by Judge Julie E. Carnes GRANTING [71-1] motion to extend time for discovery, Discovery ends 1/24/03 (cc) (jph) (Entered: 02/03/2003)

TRANSCRIPT filed RE: Hearing for dates of 10-11-02 Court Reporter: David Ritchie (jph) (Entered: 10/01/2003)

ORDER by Judge Julie E. Carnes DENYING without prejudice [40-1] motion for reconsideration of [37-1] order by Wal-Mart Stores, GRANTS [44-1] motion to withdraw by Theresa E. Yelton as attorney for Wal-Mart Stores, DENYING AS MOOT the [47-1] motion for protective order by Wal-Mart Stores, DENYING AS MOOT the [47-2] motion to compel pla to provide expert disclosures Wal-Mart Stores, DENYING without prejudice [57-1] motion pursuant to Rule 23(d)(2) to serve notice on class by Lisa Smith Mauldin, GRANTING [58-1] motion for leave to file additional memorandum in support of the Court's August 23,2002 class certification order, GRANTING IN PART AND DENYING IN PART [59-1] motion to strike portions of pla's expert reports by Wal-Mart Stores, (cc) (jph) (Entered: 10/01/2003)

MOTION by defendant to extend time thru 2/17/04 to submit expert reports . (jph) (Entered: 11/03/2003)

Memo by CRD, scheduling a tele-conference for 11:00am on 11/6/03 (cc by CRD) (jph) (Entered: 11/05/2003)