Case: Grayson v. K Mart Corp.

1:92-cv-00141 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 17, 1992

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On January 17, 1992, eleven K Mart store managers filed a lawsuit against K Mart in the U.S. District Court for the Northern District of Georgia, Atlanta Division. Represented by private counsel, the plaintiffs alleged that K Mart had violated the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. 621, et seq. by demoting or terminating them on the basis of age. The plaintiffs also alleged separate claims of intentional infliction of emotional distress under the respective laws in…

On January 17, 1992, eleven K Mart store managers filed a lawsuit against K Mart in the U.S. District Court for the Northern District of Georgia, Atlanta Division. Represented by private counsel, the plaintiffs alleged that K Mart had violated the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. 621, et seq. by demoting or terminating them on the basis of age. The plaintiffs also alleged separate claims of intentional infliction of emotional distress under the respective laws in their home states. Although the complaint was drafted as if the lawsuit were a class action, the lawsuit was not brought as a class action.

Ten months later, on October 29, 1992, a group of five K Mart store managers filed a second lawsuit, Helton v. K Mart Corp., also in the U.S. District Court for the Northern District of Georgia. The plaintiffs in Helton made the same allegations as the Grayson plaintiffs and were represented by the same counsel. On July 21, 1994, the District Court (Judge Marvin Shoob) granted plaintiffs' motion for leave to amend their complaint to allege an ADEA "class action" under 29 U.S.C. § 216(b), which allows other potential class members to "opt-in" as plaintiffs.

On February 22, 1994, in Grayson, the District Court (Judge Julie E. Carnes) entered an order granting defendant's motion to sever the claims of the plaintiffs on the grounds that the claims failed to satisfy the prerequisites of FRCP 20(a) and joining the cases would result in K Mart having to suffer "extreme prejudice". On August 23, 1994, the Court issued an order dismissing without prejudice the original severed actions, noting that the plaintiffs were members of the Helton class.

K Mart appealed Judge Shoob's Helton order that created the § 216(b) opt-in class as well as Judge Carnes's Grayson order that dismissed without prejudice the plaintiffs' actions. On July 20, 1994, the Eleventh Circuit Court (before Judge Gerald Tjoflat; Judge David Dyer; and Judge Leonard Garth of the Third Circuit, sitting by designation) dismissed K Mart's appeal of Judge Carnes's order, holding that the Court lacked appellate jurisdiction since the order was in effect a non-final transfer order. The Court also dismissed K Mart's appeal of Judge Shoob's order, holding that Judge Shoob's § 216(b) ruling was adequately supported by the plaintiffs' substantial allegations and evidence. K Mart petitioned for writ of certiorari, which the Supreme Court denied in a decision dated November 12, 1996: K Mart v. Helton, 519 U.S. 987 (1996).

On June 7, 1995, Judge Shoob granted the EEOC's motion to intervene in Helton. On September 25, 1997, the Court entered an order simultaneously dismissing Helton and directing that a new action be opened: EEOC v. Kmart, No. 1:97-CV-02930-MHS (N.D. GA). The case was settled on September 25, 1997, resulting in monetary damages to be allocated in a fair and equitable way by the Court among the claimants.

Summary Authors

Jordan Rossen (7/22/2010)

People


Documents in the Clearinghouse

Documents in this case

1:92-cv-00141

Docket

May 3, 2002

May 3, 2002

Docket
135

1:92-cv-00141

Trial Court Order Granting In Part and Denying In Part Defendant's Motions (for partial summary judgment, for severance of each plaintiff's case, for severance of the state and federal claims, and to strike)

Feb. 22, 1994

Feb. 22, 1994

Order/Opinion

849 F.Supp. 785

1:92-cv-00141

Brief of Defendant/Appellant/Cross-Appellee (Appeal from Grayson v. K Mart Order of Dismissal Without Prejudice and from Helton v. K Mart Interlocutory Order)

K Mart Corp. v. Grayson

Feb. 14, 1995

Feb. 14, 1995

Pleading / Motion / Brief

1:92-cv-00141

Brief of Plaintiffs/Appellees/Cross-Appellants (Appeal from Grayson v. K Mart Order of Dismissal Without Prejudice and from Helton v. K Mart Interlocutory Order)

K Mart Corp. v. Grayson

U.S. Court of Appeals for the Eleventh Circuit

March 1, 1995

March 1, 1995

Pleading / Motion / Brief

1:92-cv-00141

11th Circuit Court Opinion

U.S. Court of Appeals for the Eleventh Circuit

April 9, 1996

April 9, 1996

Order/Opinion

79 F.3d 1086

92-02564

Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit

K Mart Corp. v. Helton

Supreme Court of the United States

July 18, 1996

July 18, 1996

Pleading / Motion / Brief

92-02564

Respondents' Brief in Opposition To Petition for a Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit)

K Mart Corp. v. Helton

Supreme Court of the United States

Aug. 12, 1996

Aug. 12, 1996

Pleading / Motion / Brief

92-02564

Supreme Court Decision Denying Kmart-Petitioner's Petition for Writ of Certiorari

K Mart Corp. v. Helton

Supreme Court of the United States

Nov. 12, 1996

Nov. 12, 1996

Order/Opinion

519 U.S. 987

Docket

Last updated March 27, 2025, 8:26 a.m.

ECF Number Date Description Link
1 Jan. 17, 1992

COMPLAINT filed. Summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. Jury demand. FILING FEE $120.00 RECEIPT #170215 (jps) (Entered: 01/21/1992)

PACER
2 Feb. 10, 1992

CONSENT ORDER extending time for dft K Mart to answer complaint [1−1] thru 3/11/92 . Approved by Dep Clk. cc. (fmr emp) (Entered: 02/11/1992)

PACER
Feb. 10, 1992

Add attorney for defendant K Mart Corporation , Edmund Moore Kneisel as counsel. (fmr emp) (Entered: 02/11/1992)

PACER
3 March 9, 1992

Joint MOTION to extend time for Kmart to respond to plaintiffs' 1st interrogs and request for production thru 4/2/92 with proposed order to GET. (fmr emp) (Entered: 03/10/1992)

PACER
4 March 9, 1992

CONSENT ORDER extending time for Kmart to answer complaint [1−1] thru 3/18/92 . Approved by Dep. Clk. cc. (fmr emp) (Entered: 03/10/1992)

PACER
6 March 18, 1992

ANSWER to complaint [1−1] by K Mart Corporation . (fmr emp) (Entered: 03/19/1992)

PACER
March 30, 1992

Proposed consent order by plaintiffs and defendants to extend time for defendant to respond to plaintffs' 1st interrogs and request for production to GET. (fmr emp) (Entered: 03/31/1992)

PACER
7 April 1, 1992

Joint MOTION to extend time for defendant to respond to plaintiffs' 1st interrogs and request for production (fmr emp) (Entered: 04/02/1992)

PACER
8 April 1, 1992

ORDER GRANTING joint motion to extend time for defendant to respond to plaintiffs' 1st interrogs and request for production [7−1] thru 4/9/92 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 04/02/1992)

PACER
9 April 8, 1992

Certificate of interested persons. (to judge) (fmr emp) (Entered: 04/09/1992)

PACER
10 May 11, 1992

Preliminary Statement and Scheduling Order. (to judge) (fmr emp) (Entered: 05/12/1992)

PACER
11 May 13, 1992

MOTION by plaintiffs for clarification of discovery limitations with brief in support. (fmr emp) (Entered: 05/13/1992)

PACER
12 May 14, 1992

Motion for leave of absence of James L. Ford (fmr emp) (Entered: 05/15/1992)

PACER
13 May 14, 1992

ORDER GRANTING leave of absence of James L. Ford [12−1] for 7/13/92 thru 7/27/92 by Judge G. E. Tidwell. cc. (fmr emp) (Entered: 05/15/1992)

PACER
14 May 20, 1992

Withdrawal of motion for clarification of discovery limitations by Mercer David Grayson [11−1] (fmr emp) (Entered: 05/21/1992)

PACER
15 May 27, 1992

CONSENT PROTECTIVE ORDER ENTERED (See order for details) by Judge G. Ernest Tidwell. cc. (fmr emp) (Entered: 05/28/1992)

PACER
June 1, 1992

Case reassigned to Judge Julie E. Carnes. Attys notified. (km) (Entered: 06/02/1992)

PACER
16 June 23, 1992

Joint MOTION to extend time to respond to discovery with brief in support. (jcb) (Entered: 06/24/1992)

PACER
17 June 23, 1992

ORDER by Judge Julie E. Carnes GRANTING joint motion to extend time to respond to discovery [16−1] thru 6/30/92. Discovery ends 7/16/92. cc (jcb) (Entered: 06/24/1992)

PACER
18 June 23, 1992

Notice of change of address by counsel for defendant K Mart Corporation. (jcb) (Entered: 06/25/1992)

PACER
19 July 16, 1992

Joint MOTION to extend time for discovery . (jcb) (Entered: 07/17/1992)

PACER
20 July 21, 1992

ORDER by Judge Julie E. Carnes GRANTING joint motion to extend time for discovery [19−1]. Discovery ends 11/18/92. cc (jcb) (Entered: 07/22/1992)

PACER
21 July 27, 1992

ORDER APPROVING proposed stipulation to extend time for pla to respond to dft's first interrogatories and production thru 7/31/92 by Judge Julie E. Carnes. cc (jcb) (Entered: 07/27/1992)

PACER
22 July 27, 1992

Attorney appearance for John D. Thompson, Mitchell B. Taper, James L. Steadman, Ricky D. Sallee, David L. Navickas, James T. Mixon, Edward J. Konrad, Kenneth C. Bell, Tony M. Arrington, Ronald L. Braley, Mercer David Grayson by Daniel M. Klein. (jcb) (Entered: 07/28/1992)

PACER
July 27, 1992

Proposed stipulation extending time for pla to respond to dft's first requests for interrogatories and production. (jcb) (Entered: 07/27/1992)

PACER
23 Nov. 12, 1992

Joint MOTION to extend time for discovery with brief in support. (jcb) (Entered: 11/13/1992)

PACER
24 Nov. 18, 1992

Joint MOTION to extend time for discovery with brief in support. (jcb) (Entered: 11/19/1992)

PACER
26 Nov. 25, 1992

ORDER GRANTING joint motion to extend time for discovery [24−1] Discovery is extended for 60 days after defendant serves its responses to plaintiffs' 3rd interrogs and 3rd request for production of documents or thru 3/1/93, whichever occurs first by Judge Julie E. Carnes. cc. (fmr emp) (Entered: 12/03/1992)

PACER
27 Dec. 21, 1992

Notice to take deposition of Reuben Charles Wester, III by defendant K Mart Corporation. (jcb) (Entered: 12/22/1992)

PACER
28 Dec. 23, 1992

MOTION by plaintiffs for protective order with brief in support. (jcb) (Entered: 12/29/1992)

PACER
32 Dec. 24, 1992

Response by defendant in opposition to motion for protective order [28−1]. (jcb) (Entered: 01/07/1993)

PACER
29 Dec. 28, 1992

ORDER DENYING motion for protective order [28−1] by Judge Julie E. Carnes. cc (jcb) (Entered: 12/29/1992)

PACER
30 Dec. 30, 1992

Supplemental memo by plaintiffs in support of motion for protective order [28−1]. cc (jcb) (Entered: 12/31/1992)

PACER
31 Dec. 30, 1992

Memo by plaintiffs in support of motion for protective order [28−1]. (jcb) (Entered: 12/31/1992)

PACER
33 Dec. 31, 1992

Joint (stipulation) MOTION to extend time for discovery with brief in support. to JEC (jcb) (Entered: 01/07/1993)

PACER
34 Jan. 4, 1993

ORDER GRANTING joint motion to extend time for discovery [33−1] responses to interrogatories thru 1/29/93 for int #1(c),2,3,4 and 6 and thru 2/10/93 for int #2,3 and 4 by Judge Julie E. Carnes. cc (jcb) (Entered: 01/07/1993)

PACER
35 Jan. 22, 1993

MOTION by defendant K Mart Corporation for protective order , and to quash amended notice to take deposition with brief in support. (ds) (Entered: 01/26/1993)

PACER
36 Feb. 5, 1993

Memorandum of Law by plaintiffs in opposition to motion for protective order by K Mart Corporation [35−1], motion to quash amended notice to take deposition by K Mart Corporation [35−2] w/appendix and affidavits in support. (fmr emp) (Entered: 02/08/1993)

PACER
37 Feb. 8, 1993

MOTION by defendant K Mart Corporation for temporary order stay deposition with brief in support. (ds) (Entered: 02/09/1993)

PACER
38 Feb. 8, 1993

MOTION by plaintiffs for order allowing videotape deposition of Joseph Antonini with brief in support. (ds) (Entered: 02/09/1993)

PACER
Feb. 8, 1993

SUBMITTED on motion for protective order by K Mart Corporation [35−1], motion to quash amended notice to take deposition by K Mart Corporation [35−2] to Judge Julie E. Carnes . (ds) (Entered: 02/08/1993)

PACER
39 Feb. 9, 1993

Objections by plaintiffs to motion for temporary order to stay deposition by K Mart Corporation [37−1] (ds) (Entered: 02/10/1993)

PACER
40 Feb. 9, 1993

ORDER GRANTING motion for temporary order to stay deposition by K Mart Corporation [37−1] by Judge Julie E. Carnes. (cps srvd by crt/dp) (ds) (Entered: 02/10/1993)

PACER
41 Feb. 9, 1993

Reply Brief by defendant K Mart Corporation in Support of motion for protective order by K Mart Corporation [35−1] (ds) (Entered: 02/10/1993)

PACER
42 Feb. 9, 1993

Joint MOTION for order scheduling expert witness discovery (jec for aprvl) (ds) (Entered: 02/10/1993)

PACER
43 Feb. 10, 1993

Letter from pltfs counsel in ref to motion to quash amended notice to take deposition by K Mart Corporation [35−2] (jec) (ds) (Entered: 02/11/1993)

PACER
44 Feb. 10, 1993

Response by defendant K Mart Corporation in Oppositon to motion for order allowing videotape deposition of Joseph Antonini by plaintiffs [38−1] (ds) Modified on 02/11/1993 (Entered: 02/11/1993)

PACER
46 Feb. 17, 1993

ORDER GRANTING joint motion for order scheduling expert witness discovery [42−1] by Judge Julie E. Carnes. cc (ds) (Entered: 02/19/1993)

PACER
Feb. 19, 1993

SUBMITTED on motion for order allowing videotape deposition of Joseph Antonini by plaintiffs [38−1] to Judge Julie E. Carnes. (you have file) (ds) (Entered: 02/19/1993)

PACER
47 Feb. 22, 1993

MOTION by plaintiffs to compel answers to interrogs with brief and appendix in support. (ds) Modified on 02/24/1993 (Entered: 02/24/1993)

PACER
48 Feb. 22, 1993

MOTION by defendant K Mart Corporation to determine the sufficiency of objections to requests of admissions , to compel discovery , and for award of attorney's fees with brief in support. (ds) (Entered: 02/24/1993)

PACER
49 March 12, 1993

CONSENT ORDER in ref to removing confidential information from companion case by Judge Julie E. Carnes. cc (ds) (Entered: 03/12/1993)

PACER
50 March 12, 1993

CONSENT ORDER extending time to 3/15/93 to respond to motion to compel answers to interrogs by plaintiff [47−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's fees by K Mart Corporation [48−3] by Judge Julie E. Carnes. cps ret'd (ds) (Entered: 03/12/1993)

PACER
51 March 16, 1993

CONSENT ORDER extending time 3/17/93 for parties to file post−discovery motions; deft to file response to motion to compel answers to interrogs by plaintiffs [47−1], pltfs to file response to motion to determine the sufficiency of objections to requests of admissions by K Mart Corporation [48−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's fees by K Mart Corporation [48−3] by Judge Julie E. Carnes. cc (ds) (Entered: 03/18/1993)

PACER
52 March 17, 1993

MOTION by plaintiffs for limited discovery , and for evidentiary hearing with brief in support. (ds) (Entered: 03/18/1993)

PACER
53 March 17, 1993

Brief by plaintiffs in Opposition to motion to determine the sufficiency of objections to requests of admissions by K Mart Corporation [48−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's fees by K Mart Corporation [48−3] (ds) (Entered: 03/18/1993)

PACER
54 March 17, 1993

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts w/respect to Mercer David Grayson with brief &appendix in support. (ds) (Entered: 03/18/1993)

PACER
55 March 17, 1993

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to Ronald L. Braley with brief &appendix in support. (ds) (Entered: 03/18/1993)

PACER
56 March 17, 1993

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to Tony M. Arrington with brief &appendix in support. (ds) (Entered: 03/18/1993)

PACER
57 March 17, 1993

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to Kenneth C. Bell with brief &appendix in support. (ds) Modified on 03/18/1993 (Entered: 03/18/1993)

PACER
58 March 17, 1993

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to Edward J. Kondrad with brief &appendix in support. (ds) (Entered: 03/18/1993)

PACER
59 March 17, 1993

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to James T. Mixon with brief &appendix in support. (ds) (Entered: 03/18/1993)

PACER
60 March 17, 1993

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to David L. Navickas with brief &appendix in support. (ds) (Entered: 03/18/1993)

PACER
62 March 17, 1993

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to James L. Steadman with brief &appendix in support. (ds) (Entered: 03/18/1993)

PACER
63 March 17, 1993

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to Mitchell B. Taper with brief &appendix in support. (ds) (Entered: 03/18/1993)

PACER
64 March 17, 1993

MOTION by defendant K Mart Corporation for partial summary judgment and statement of material facts as to John D. Thompson with brief &appendix in support. (ds) (Entered: 03/18/1993)

PACER
65 March 17, 1993

MOTION by defendant K Mart Corporation for severance , and to change venue with brief in support. (ds) (Entered: 03/18/1993)

PACER
66 March 17, 1993

Memo by defendant K Mart Corporation in Opposition to motion to compel answers to interrogs by plaintiffs [47−1] (ds) (Entered: 03/22/1993)

PACER
March 18, 1993

Notice of motions for partial summary judgment as to John D. Thompson by K Mart Corporation [64−1], as to Mitchell B. Taper [63−1], as to James L. Steadman [62−1], as to Ricky D. Sallee [61−1], as to David L. Navickas [60−1], as to James T. Mixon [59−1], as to Edward J. Kondrad [58−1], as to Kenneth C. Bell [57−1], as to Tony M. Arrington [56−1], as to Ronald L. Braley [55−1], as to Mercer David Grayson [54−1] filed 3/17/93, mailed 3/18/93. (ds) Modified on 03/19/1993 (Entered: 03/18/1993)

PACER
67 March 19, 1993

APPENDIX by plaintiffs to brief [53−1], in opposition to motion to determine the sufficiency of objections to requests of admissions by K Mart Corporation [48−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's by K Mart Corporation [48−3] (jec) (dbg) (Entered: 03/25/1993)

PACER
March 22, 1993

SUBMITTED on motion to compel answers to interrogs by plaintiffs [47−1], motion to determine the sufficiency of objections to requests of admissions by K Mart Corporation [48−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's by K Mart Corporation [48−3] to Judge Julie E. Carnes. (YOU HAVE FILE) (ds) (Entered: 03/22/1993)

PACER
68 March 24, 1993

Letter from pltfs correcting typographical error in brief [53−1]. (jec) (ds) (Entered: 03/26/1993)

PACER
69 March 24, 1993

MOTION by plaintiffs for leave to file supplemental brief and exhibit with brief in support. (jec) (ds) (Entered: 03/26/1993)

PACER
72 March 30, 1993

Notice to take deposition of Dr. Leonard A. Cupingood by dft. (cbm) (Entered: 04/02/1993)

PACER
70 April 1, 1993

REPLY by K Mart Corporation to response to motion to determine the sufficiency of objections to requests of admissions by K Mart Corporation [48−1], motion to compel discovery by K Mart Corporation [48−2], motion for award of attorney's fees by K Mart Corporation [48−3] . (kjm) (Entered: 04/02/1993)

PACER
71 April 1, 1993

Brief by defendant K Mart Corporation in opposition to motion for leave to file supplemental brief and exhibit by plaintiffs [69−1] (kjm) (Entered: 04/02/1993)

PACER
73 April 2, 1993

Reply brief in support of its motion to compel answers to interrogs by plaintiffs [47−1] (fmr emp) (Entered: 04/02/1993)

PACER
April 2, 1993

Proposed consent order to extend time for plaintiffs to respond to defendant's motion for severance [65−1], motion to change venue [65−2], motion for partial summary judgment as to John D. Thompson [64−1], motion for partial summary judgment as to Mitchell B. Taper [63−1], motion for partial summary judgment as to James L. Steadman [62−1], motion for partial summary judgment as to Ricky D. Sallee [61−1], motion for partial summary judgment as to David L. Navickas [60−1], motion for partial summary judgment as to James T. Mixon [59−1], motion for partial summary judgment as to Edward J. Kondrad [58−1], motion for partial summary judgment as to Kenneth C. Bell [57−1], motion for partial summary judgment as to Tony M. Arrington [56−1], motion for partial summary judgment as to Ronald L. Braley [55−1], motion for partial summary judgment w/respect to Mercer David Grayson [54−1]. (to JEC). (fmr emp) (Entered: 04/05/1993)

PACER
74 April 7, 1993

Memo by defendant K Mart Corporation in Opposition to motion for limited discovery by plaintiffs [52−1], motion for evidentiary hearing by plaintiffs [52−2] (ds) (Entered: 04/08/1993)

PACER
75 April 7, 1993

CONSENT ORDER extending time to May 6, 1993 to respond to motion for severance by K Mart Corporation [65−1], motion to change venue by K Mart Corporation [65−2], motions for partial summary judgment and statement of material facts by K Mart Corporation [64−1], [63−1], [62−1], 61−1], [60−1], [59−1], [58−1], [57−1], [56−1], [55−1], [54−1] by Judge Julie E. Carnes. cc (ds) (Entered: 04/08/1993)

PACER
April 8, 1993

SUBMITTED on motion for leave to file supplemental brief and exhibit by plaintiffs [69−1], motion for limited discovery by plaintiffs [52−1], motion for evidentiary hearing by plaintiffs [52−2] to Judge Julie E. Carnes. (you have file) (ds) (Entered: 04/08/1993)

PACER
76 April 13, 1993

Reply brief by plaintiffs in support of motion for leave to file supplemental brief and exhibits [69−1]. (jec) (ds) (Entered: 04/14/1993)

PACER
77 April 14, 1993

Notice of filing original affidavit of Shavan Giffin (replaces affidavit previously filed on 4/7/93). (kjm) (Entered: 04/15/1993)

PACER
78 April 23, 1993

Reply Brief by plaintiffs in Support of motion for limited discovery by plaintiffs [52−1], motion for evidentiary hearing by plaintiffs [52−2]. (jec) (ds) (Entered: 04/26/1993)

PACER
79 May 11, 1993

CONSENT ORDER extending time to 5/19/93 to respond to motion for severance by K Mart Corporation [65−1], [65−2], [64−1], [63−1], [62−1], [61−1], [60−1], [59−1], [58−1], [57−1], [56−1], [55−1], [54−1], by Judge Julie E. Carnes (2ND AND FINAL EXTENSION) cc (ds) (Entered: 05/14/1993)

PACER
80 May 13, 1993

ORDER w/application for leave of absence of James L. Ford for July 9− 23, 1993 (aprvd by crt/dp) cc (ds) (Entered: 05/18/1993)

PACER
81 May 19, 1993

Memorandum by plaintiffs in Opposition to motion for severance [65−1], motion to change venue [65−2], motion for partial summary judgment as to John D. Thompson [64−1], Mitchell B. Taper [63−1], James L. Steadman [62−1], Ricky D. Sallee [61−1], David L. Navickas [60−1], James T. Mixon [59−1], Edward J. Kondrad [58−1], Kenneth C. Bell [57−1], Tony M. Arrington [56−1], Ronald L. Braley [55−1], Mercer David Grayson by K Mart Corporation [54−1] (w/responses to statement of material facts) and 2 vols appendix; 1 confidential appendix (ds) Modified on 08/13/1993 (Entered: 05/20/1993)

PACER
82 May 25, 1993

Affidavit of W. A. Sands (ds) (Entered: 05/26/1993)

PACER
83 June 1, 1993

Notice by pltfs of filing affidavit of Linda H. Kelly in response to defts motion for summary judgment. (jec) (ds) (Entered: 06/09/1993)

PACER
84 June 3, 1993

Affidavit of Curtis Williams. (ds) (Entered: 06/09/1993)

PACER
85 June 10, 1993

REPLY by K Mart Corporation to response to motion for severance by K Mart Corporation [65−1], motion to change venue by K Mart Corporation [65−2] . (ds) (Entered: 06/14/1993)

PACER
86 June 10, 1993

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to John D. Thompson by K Mart Corporation [64−1] . (ds) (Entered: 06/14/1993)

PACER
87 June 10, 1993

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to Mitchell B. Taper by K Mart Corporation [63−1] . (ds) (Entered: 06/14/1993)

PACER
88 June 10, 1993

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to James L. Steadman by K Mart Corporation [62−1] . (ds) (Entered: 06/14/1993)

PACER
90 June 10, 1993

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to David L. Navickas by K Mart Corporation [60−1] . (ds) (Entered: 06/14/1993)

PACER
91 June 10, 1993

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to James T. Mixon by K Mart Corporation [59−1] . (ds) (Entered: 06/14/1993)

PACER
92 June 10, 1993

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to Edward J. Kondrad by K Mart Corporation [58−1] . (ds) (Entered: 06/14/1993)

PACER
93 June 10, 1993

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to Kenneth C. Bell by K Mart Corporation [57−1] . (ds) (Entered: 06/14/1993)

PACER
94 June 10, 1993

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to Tony M. Arrington by K Mart Corporation [56−1] . (ds) (Entered: 06/14/1993)

PACER
95 June 10, 1993

REPLY by K Mart Corporation to response to motion for partial summary judgment and statement of material facts as to Ronald L. Braley by K Mart Corporation [55−1] . (ds) (Entered: 06/14/1993)

PACER

Case Details

State / Territory:

Georgia

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Jan. 17, 1992

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Store managers in K Mart's Southern Region who were demoted or terminated by K Mart during the period from 1990 to 1992 as a result of alleged age-discrimination.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

K Mart Corp.

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

State law

Other Dockets:

Northern District of Georgia 1:92-cv-00141

Supreme Court of the United States 92-2564

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 2000

Issues

Discrimination Area:

Demotion

Discharge / Constructive Discharge / Layoff

Discrimination Basis:

Age discrimination

EEOC-centric:

EEOC Intervened in Private Suit

Recommended Citation