Case: EEOC v. B.J.'s Wholesale Club

1:06-cv-22452 | U.S. District Court for the Southern District of Florida

Filed Date: Sept. 28, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

The Miami District Office of the EEOC brought this suit against BJ's Wholesale Club, a membership warehouse retail store, on behalf of several Puerto Rican and African American employees. Filed in the U.S. District Court for the Southern District of Florida on September 28, 2006, the complaint included claims of race and national origin discrimination in violation of Title VII of the Civil Rights Act of 1964. The complaint alleged that Puerto Rican and African American employees were harassed a…

The Miami District Office of the EEOC brought this suit against BJ's Wholesale Club, a membership warehouse retail store, on behalf of several Puerto Rican and African American employees. Filed in the U.S. District Court for the Southern District of Florida on September 28, 2006, the complaint included claims of race and national origin discrimination in violation of Title VII of the Civil Rights Act of 1964. The complaint alleged that Puerto Rican and African American employees were harassed and subject to a hostile work environment because of their national origin and/or race. The EEOC sought injunctive relief to halt unlawful practices and implement policies providing equal employment opportunities, as well as monetary damages to the employees for past and future losses, pain, and suffering, and punitive damages and costs.

The case was referred by Judge Alan S. Gold to Magistrate Judge William S. Turnoff. Judge Turnoff oversaw discovery motions over the course of several months and ordered the parties to participate in mediation. The defendant moved for summary judgment on Novembeer 9, 2007. The motion was terminated when the parties notified the court that a settlement had been reached on March 20, 2008. On April 1, 2008, Judge Alan S. Gold approved a consent decree.

The consent decree, to run for three years, enjoined the defendant from engaging in unlawful discriminatory behavior. It required the defendant to develop an anti-discrimination policy, post and distribute notices of equal employment opportunity rights, provide annual training on equal employment laws to its managers and supervisors, keep records of complaints of discrimination, and provide bi-annual reports to the EEOC of the progress. Additionally, the defendant agreed to pay $100,000 to the two charging parties. The decree stated that the EEOC would have independent authority to seek judicial enforcement of the decree.

The time period for the decree expired in 2011 and the case is now closed.

Summary Authors

Kevin Wilemon (5/27/2008)

Elizabeth Johnson (3/16/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12529749/parties/equal-employment-v-bjs-wholesale-club/


Judge(s)

Gold, Alan Stephen (Florida)

Turnoff, William C. (Florida)

Documents in the Clearinghouse

Documents in this case

1:06-cv-22452

Docket (PACER)

Equal Employment Opportunity Commission v. BJ's Wholesale Club

April 1, 2008

April 1, 2008

Docket
1

1:06-cv-22452

Complaint

Equal Employment Opportunity Commission v. BJ's Wholesale Club

Sept. 28, 2006

Sept. 28, 2006

Complaint
34

1:06-cv-22452

Order [Re: Motion to Compel]

Equal Employment Opportunity Commission v. BJ's Wholesale Club

May 31, 2007

May 31, 2007

Order/Opinion
59

1:06-cv-22452

Order [granting in part and denying in part Motion to Compel]

EEOC v. BJ'S Wholesale Club, Inc.

Sept. 17, 2007

Sept. 17, 2007

Order/Opinion
60

1:06-cv-22452

Order [granting Motion for Protective Order]

EEOC v. BJ's Wholesale Club, Inc.

Sept. 17, 2007

Sept. 17, 2007

Order/Opinion
93-2

1:06-cv-22452

Consent Decree

EEOC v. BJ's Wholesale Club, Inc.

March 27, 2008

March 27, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12529749/equal-employment-v-bjs-wholesale-club/

Last updated March 24, 2026, 5:11 a.m.

ECF Number Date Description Link
1 Sept. 28, 2006

COMPLAINT re: civil rights/race filed; filing fee waived; Magistrate Judge William C. Turnoff (hd, Deputy Clerk) (Entered: 09/29/2006)

RECAP
2 Sept. 28, 2006

SUMMONS(ES) issued for BJ's Wholesale Club c/o CT Corporation System (hd, Deputy Clerk) (Entered: 09/29/2006)

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3 Oct. 18, 2006

MOTION to Substitute Attorney by Equal Employment Opportunity Commission. Responses due by 11/1/2006 (Cooper, Cheryl) (Entered: 10/18/2006)

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4 Oct. 24, 2006

ORDER granting 3 Motion to Substitute Attorney. Attorney Maritza I. Gomez terminated . Signed by Judge Alan S. Gold on 10/24/2006. (bs) (Entered: 10/26/2006)

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5 Nov. 2, 2006

ORDER requiring compliance with Local Rule 16.1 of the United States District Court for the Southern District of Florida. Signed by Judge Alan S. Gold on 11/02/2006. (bs) (Entered: 11/02/2006)

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6 Nov. 20, 2006

NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of December 25, 2006 through December 29, 2006 (Torres-Diaz, Pedro) (Entered: 11/20/2006)

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7 Dec. 18, 2006

ANSWER to Complaint Answer to Complaint and Affirmative Defenses by BJ's Wholesale Club.(Wilson, Christine) (Entered: 12/18/2006)

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8 Dec. 18, 2006

Corporate Disclosure Statement by BJ's Wholesale Club. (Wilson, Christine) (Entered: 12/18/2006)

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12 Dec. 19, 2006

Attorney David J. Kerman's Petition for Admission Pro Hac Vice, Filing Fee $75, Receipt #952020. (cw) (Entered: 12/21/2006)

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9 Dec. 20, 2006

NOTICE of Attorney Appearance by Pedro Jaime Torres-Diaz on behalf of BJ's Wholesale Club (Torres-Diaz, Pedro) (Entered: 12/20/2006)

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10 Dec. 20, 2006

ORDER Setting Telephonic Status Conference regarding status of case set for 1/31/2007 08:45 AM in Miami Division before Judge Alan S. Gold. Court will initiate call. Signed by Judge Alan S. Gold on 12/20/2006. (ld) (Entered: 12/20/2006)

RECAP
11 Dec. 21, 2006

NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of May 21, 2007 through June 1, 2007 (Wilson, Christine) (Entered: 12/21/2006)

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13 Dec. 29, 2006

ORDER granting 12 motion to appear pro hac vice by David J. Kerman . Signed by Judge Alan S. Gold on 12/29/2006. (bs) (Entered: 12/29/2006)

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14 Jan. 8, 2007

REPORT of Rule 26(f) Planning Meeting. (Torres-Diaz, Pedro) (Entered: 01/08/2007)

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15 Jan. 8, 2007

REPORT REGARDING Proposed Civil trial and pretrial deadlines by BJ's Wholesale Club. (Torres-Diaz, Pedro) (Entered: 01/08/2007)

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16 Jan. 8, 2007

REPORT REGARDING Consent to Jurisdiction by a United States Magistrate Judge for Final Disposition by BJ's Wholesale Club. (Torres-Diaz, Pedro) (Entered: 01/08/2007)

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17 Jan. 25, 2007

SCHEDULING ORDER:, ORDER REFERRING CASE to Magistrate Judge William C. Turnoff for discovery, ORDER REFERRING CASE to Mediation. Pretrial Conference set for 2/15/2008 09:00 AM before Judge Alan S. Gold. Jury Trial set for 3/17/2008 before Judge Alan S. Gold. Calendar Call set for 3/12/2008 01:30 PM before Judge Alan S. Gold. Signed by Judge Alan S. Gold on 01/25/2007 (bs) (Entered: 01/25/2007)

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18 Jan. 25, 2007

NOTICE OF UNAVAILABILITY by Equal Employment Opportunity Commission for dates of February 13, 2007 - February 26, 2007 (Cooper, Cheryl) (Entered: 01/25/2007)

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19 Jan. 25, 2007

NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of April 2, 2007 - April 7, 2007 (Torres-Diaz, Pedro) (Entered: 01/25/2007)

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20 Jan. 31, 2007

TEXT Minute Entry for proceedings held before Judge Alan S. Gold : Status Conference held on 1/31/2007 to address status of case. (Court Reporter Joseph Millikan.) (jh) (Entered: 01/31/2007)

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21 Feb. 6, 2007

ORDER following telephonic status conference and order of reference to Magistrate Judge Turnoff to conduct joint discovery planning meeting; joint planning meeting on 03/06/2007 at 2:00 before Magistrate Judge William C. Turnoff; Signed by Judge Alan S. Gold on 02/02/2007 (bs) (Entered: 02/06/2007)

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22 Feb. 28, 2007

NOTICE of Mediator Selection: Donald J. Spero, Esq. selected.(Cooper, Cheryl) (Entered: 02/28/2007)

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23 March 2, 2007

Notice of Mediation Hearing on08/28/07 AT 10:00 AM before Mediator, Donald J. Sperofiled by Donald J. Spero.(Nicholson, Allene) (Entered: 03/02/2007)

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25 March 6, 2007

Text Minute Entry for proceedings held before Judge William C. Turnoff : Discovery Conference held on 3/6/2007. Cheryl Cooper and Pedro Torres-Diaz present. (Tape # held in chambers.) (mpc) (Entered: 03/07/2007)

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24 March 7, 2007

ORDER following discovery conference and setting status conference. Signed by Judge William C. Turnoff on 3/7/07 (lc2) (Entered: 03/07/2007)

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March 7, 2007

Set Deadlines/Hearings per Order at DE #24: Status Conference set for 6/5/2007 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff. (bb)

26 March 23, 2007

STATUS REPORT Joint Status Report Regarding Mediation in Compliance with Court Order by BJ's Wholesale Club. (DeBlasio, Patrick) (Entered: 03/23/2007)

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27 April 5, 2007

Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law by BJ's Wholesale Club. Responses due by 4/19/2007 (Attachments: # 1 Exhibit Exhibits A and B# 2 Exhibit Exhibits C and D# 3 Exhibit Exhibits E, F and G)(Wilson, Christine) (Entered: 04/05/2007)

RECAP
28 April 11, 2007

ORDER REFERRING MOTION to Magistrate Judge William C. Turnoff 27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club, Signed by Judge Alan S. Gold on 04/11/2007.(bs) (Entered: 04/11/2007)

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29 April 16, 2007

Unopposed MOTION for Extension of Time to File Response/Reply as to 27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 04/16/2007)

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30 April 18, 2007

NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of October 3, 2007 through October 4, 2007 (Wilson, Christine) (Entered: 04/18/2007)

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31 April 19, 2007

ORDER granting 29 Unopposed MOTION for Extension of Time to File Response/Reply as to 27 Defendant's MOTION to Compel Better Discovery Responses. Responses due by 4/30/2007.Signed by Magistrate Judge William C. Turnoff on 4/19/07. (lc2) (Entered: 04/19/2007)

RECAP
April 19, 2007

Set/Reset Deadlines per Order at DE #31 as to 27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law. Responses due by 4/30/2007 (bb)

32 May 1, 2007

RESPONSE in Opposition re 27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G (pp. 4-8, 11-32)# 8 Exhibit G (pp. 47, 52, 56, 58-62)# 9 Exhibit G (pp. 33-45)# 10 Exhibit H (Part 1)# 11 Exhibit H (Part 2)# 12 Exhibit I)(Cooper, Cheryl) (Entered: 05/01/2007)

RECAP
33 May 9, 2007

REPLY to Response to Motion re 27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club. (Wilson, Christine) (Entered: 05/09/2007)

RECAP
34 May 31, 2007

ORDER granting in part and denying in part 27 Defendant's Motion to Compel Better Discovery Responses. Signed by Magistrate Judge William C. Turnoff on 5/31/07. (lc2) (Entered: 05/31/2007)

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35 June 5, 2007

Minute Entry for proceedings held before Judge William C. Turnoff : Status Conference held on 6/5/2007; Discovery proceeding appropriately. (Tape #07G-37-1850.) (mpc) (Entered: 06/05/2007)

RECAP
36 July 17, 2007

Defendant's MOTION for Protective Order, Defendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law by BJ's Wholesale Club. Responses due by 7/31/2007 (Attachments: # 1 Exhibit Exhibit A)(Torres-Diaz, Pedro) (Entered: 07/17/2007)

RECAP
37 July 19, 2007

ORDER REFERRING MOTION to Magistrate Judge William C. Turnoff 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law filed by BJ's Wholesale Club, Signed by Judge Alan S. Gold on 7/19/07.(hd) (Entered: 07/19/2007)

RECAP
38 July 27, 2007

Unopposed MOTION for Extension of Time to File Response as to 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 07/27/2007)

RECAP
39 July 30, 2007

ORDER granting 38 Plaintiff's Motion for Extension of Time to Respond re 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike. Responses due by 8/15/2007. Replies due by 8/22/2007.Signed by Magistrate Judge William C. Turnoff on 7/30/07. (lc2) (Entered: 07/30/2007)

RECAP
40 July 30, 2007

Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law by BJ's Wholesale Club. Responses due by 8/13/2007 (Attachments: # 1 Exhibit # 2 Exhibit)(Torres-Diaz, Pedro) (Entered: 07/30/2007)

RECAP
41 July 31, 2007

ORDER of reference to Magistrate Judge William C. Turnoff re 38 Unopposed MOTION for Extension of Time to File Response as to 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendan filed by Equal Employment Opportunity Commission, Signed by Judge Alan S. Gold on 7/30/07.(hd) (Entered: 08/01/2007)

RECAP
42 Aug. 2, 2007

NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of October 1, 2007 - October 5, 2007 (Torres-Diaz, Pedro) (Entered: 08/02/2007)

RECAP
43 Aug. 9, 2007

Plaintiff's MOTION for Extension of Time to File Response as to 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 08/09/2007)

RECAP
44 Aug. 10, 2007

RESPONSE to Motion re 43 Plaintiff's MOTION for Extension of Time to File Response as to 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club. Replies due by 8/17/2007. (Wilson, Christine) (Entered: 08/10/2007)

RECAP
45 Aug. 13, 2007

ORDER Setting TELEPHONIC Hearing on Motion 43 Plaintiff's MOTION for Extension of Time to File Response as to 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law: Motion Hearing set for 8/17/2007 10:30 AM in Miami Division before Judge Alan S. Gold.Signed by Judge Alan S. Gold on 08/13/07.(lms) (Entered: 08/13/2007)

RECAP
46 Aug. 14, 2007

ORDER REFERRING MOTION to Magistrate Judge William C. Turnoff 43 Plaintiff's MOTION for Extension of Time to File Response as to 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by Equal Employment Opportunity Commission, Signed by Judge Alan S. Gold on 08/13/07.(lms) (Entered: 08/14/2007)

RECAP
47 Aug. 14, 2007

TEXT ORDER CANCELING TELEPHONIC hearing before Judge Alan S. Gold, previously scheduled for Friday, August 17, 2007. The motion [DE 43] has been referred to Magistrate Judge William C. Turnoff. Signed by Judge Alan S. Gold on 08/14/07.(lms) (Entered: 08/14/2007)

RECAP
48 Aug. 15, 2007

ORDER granting in part 43 Plaintiff's Motion for Extension of Time to Respond. Response due by 8/20/2007.Signed by Magistrate Judge William C. Turnoff on 8/15/07. (lc2) (Entered: 08/15/2007)

RECAP
49 Aug. 15, 2007

RESPONSE in Opposition re 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law and Cross-Motion to Take McCray Pettway's Deposition filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Cited Portions of Henry Gallardo's Deposition# 2 Exhibit Cited Portions of Margo Anderson's Deposition)(Cooper, Cheryl) (Entered: 08/15/2007)

RECAP
Aug. 15, 2007

Set/Reset Deadlines per Order at DE #48 as to 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law. Responses due by 8/20/2007 (bb)

50 Aug. 17, 2007

ORDER of REFERENCE TO MAGISTRATE JUDGE TURNOFF to conduct discovery hearing in re 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law filed by BJ's Wholesale Club,, 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club, Signed by Judge Alan S. Gold on 8/16/07.(lk) (Entered: 08/17/2007)

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51 Aug. 20, 2007

RESPONSE in Opposition re 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B-1# 3 Exhibit B-2# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Cooper, Cheryl) (Entered: 08/20/2007)

RECAP
52 Aug. 21, 2007

ORDER Setting Hearing on 40 Defendant's MOTION to Compel Better Discovery Responses, and 36 Defendant's MOTION for Protective Order and Motion to Strike regarding attorney-client privileged deposition testimony. Motion Hearing set for 9/6/2007 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff.Signed by Magistrate Judge William C. Turnoff on 8/21/07.(lc2) (Entered: 08/21/2007)

RECAP
53 Aug. 27, 2007

REPLY to Response to Motion re 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law and Response to Plaintiff's Cross-Motion to Compel Deposition of McCray Pettway with Incorporated Memorandum of Law filed by BJ's Wholesale Club. (Torres-Diaz, Pedro) (Entered: 08/27/2007)

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54 Aug. 30, 2007

REPORT of Mediation Disposition: Impasse(Nicholson, Allene) (Entered: 08/30/2007)

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55 Aug. 30, 2007

REPLY to Response to Motion re 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club. (Attachments: # 1 Exhibit Exhibits A & B)(Torres-Diaz, Pedro) (Entered: 08/30/2007)

RECAP
56 Sept. 5, 2007

Plaintiff's MOTION to Quash Subpoenas Duces Tecum by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-A# 2 Exhibit 1-B# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9)(Cooper, Cheryl) (Entered: 09/05/2007)

RECAP
57 Sept. 6, 2007

Minute Entry for proceedings held before Judge William C. Turnoff : Motion Hearing held on 9/6/2007 re 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law filed by BJ's Wholesale Club,, 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club. (Tape #07G-54-2912 & 55-1.) (mpc) (Entered: 09/06/2007)

RECAP
58 Sept. 10, 2007

ORDER REFERRING MOTION to Magistrate Judge William C. Turnoff 56 Plaintiff's MOTION to Quash Subpoenas Duces Tecum ; Signed by Judge Alan S. Gold on 09/07/2007.(bs) (Entered: 09/10/2007)

RECAP
59 Sept. 17, 2007

ORDER granting in part and denying in part 40 Motion to Compel Signed by Magistrate Judge William C. Turnoff on 9/17/2007. (lc1) (Entered: 09/17/2007)

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60 Sept. 17, 2007

ORDER granting 36 Motion for Protective Order, entered 36 Motion to Strike 49 Response in Opposition to Motion,,, 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law Signed by Magistrate Judge William C. Turnoff on 9/17/2007. (lc1) (Entered: 09/17/2007)

RECAP
61 Sept. 21, 2007

Unopposed MOTION to Withdraw Document 56 Plaintiff's MOTION to Quash Subpoenas Duces Tecum by Equal Employment Opportunity Commission. Responses due by 10/5/2007 (Cooper, Cheryl) (Entered: 09/21/2007)

RECAP
62 Sept. 25, 2007

ORDER denying as moot 56 Plaintiff's Motion to Quash and granting 61 Plaintiff's Motion to Withdraw.Signed by Magistrate Judge William C. Turnoff on 9/25/07. (lc2) (Entered: 09/25/2007)

RECAP
63 Oct. 5, 2007

Joint MOTION for Extension of Time to Complete Discovery to Depose Two Witnesses by BJ's Wholesale Club. (Poole, Jennifer) (Entered: 10/05/2007)

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64 Oct. 10, 2007

ORDER granting 63 Motion for Extension of Time to Complete Discovery ;Signed by Judge Alan S. Gold on 10/09/2007. (bs) (Entered: 10/10/2007)

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65 Oct. 22, 2007

Defendant's MOTION for Extension of Time to File a Four-Day Extension of Time to File its Motion for Summary Judgment by BJ's Wholesale Club. (Attachments: # 1 Exhibit Exhibit A)(Wilson, Christine) (Entered: 10/22/2007)

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66 Oct. 22, 2007

RESPONSE in Opposition re 65 Defendant's MOTION for Extension of Time to File a Four-Day Extension of Time to File its Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 10/22/2007)

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67 Oct. 24, 2007

ORDER granting 65 Motion for Extension of Time to File ;Signed by Judge Alan S. Gold on 10/23/2007. (bs) (Entered: 10/24/2007)

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68 Nov. 9, 2007

Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law by BJ's Wholesale Club. Responses due by 11/27/2007 (Wilson, Christine) (Entered: 11/09/2007)

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69 Nov. 9, 2007

Statement of: of Undisputed Facts in Support of Defendant's Motion for Summary Judgment by BJ's Wholesale Club re 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law. (Wilson, Christine) (Entered: 11/09/2007)

RECAP
70 Nov. 9, 2007

NOTICE by BJ's Wholesale Club re 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law of Filing Deposition Transcripts, Affidavit, and Other Documents (Attachments: # 1 Exhibit Exhibits 1-5# 2 Exhibit Exhibit 6 part1# 3 Exhibit Exhibit 6 part 2# 4 Exhibit Exhibit 7 part 1# 5 Exhibit Exhibit 7 part 2# 6 Exhibit Exhibits 8 & 9 part 1# 7 Exhibit Exhibits 8 & 9 part 2# 8 Exhibit Exhibit 10 part 1# 9 Exhibit 10 Part 2# 10 Exhibit 11-14 part 1# 11 Exhibit Exhibit 11-14 Part 2# 12 Exhibit Exhibit 15 part 1# 13 Exhibit Exhibit 15 part 2)(Wilson, Christine) (Entered: 11/09/2007)

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71 Nov. 16, 2007

ORDER Setting Hearing on Motion 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law: Motion Hearing set for 3/21/2008 11:00 AM in Miami Division before Judge Alan S. Gold.Signed by Judge Alan S. Gold on 11/15/07.(lk) (Entered: 11/16/2007)

RECAP
Nov. 16, 2007

Motions in limine due by 3/24/2008. Calendar Call set for 5/7/2008 01:30 PM in Miami Division before Judge Alan S. Gold. Jury Trial set for 5/12/2008 in Miami Division before Judge Alan S. Gold. Pretrial Conference set for 4/11/2008 11:00 AM in Miami Division before Judge Alan S. Gold.(lk)

72 Dec. 10, 2007

NOTICE by Equal Employment Opportunity Commission of Filing Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Exhibit Margo Anderson's deposition transcript (pp. 1-76)# 2 Exhibit Margo Anderson's deposition transcript (pp. 77-156)# 3 Exhibit Margo Anderson's deposition transcript (pp. 157-236)# 4 Exhibit Margo Anderson's deposition transcript (pp. 237-290)# 5 Exhibit Margo Anderson's investigative notes# 6 Exhibit Lisbeth Bailey's deposition transcript (pp. 1-77))(Cooper, Cheryl) (Entered: 12/10/2007)

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73 Dec. 10, 2007

NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Lisbeth Bailey's deposition transcript (pp. 78-141)# 2 Lisbeth Bailey's deposition transcript (pp. 142-200)# 3 BJ's Sexual Harassment Policy (No Sepcific Policy Against Race and/or National Origin Discrimination)# 4 Lonnie Brady's deposition transcript (pp.1-73)# 5 Lonnie Brady's deposition transcript (pp. 74-161)# 6 Lonnie Brady's deposition transcript (pp. 162-235)# 7 Brady statement)(Cooper, Cheryl) (Entered: 12/10/2007)

RECAP
74 Dec. 10, 2007

NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Conciliation Agreement (faxed and mailed to McCray Pettway on 6/27/06)# 2 Conciliation failure letter (dated 9/13/06)# 3 Carlos Cordero's Complaint# 4 EEOc Charge of Discrimination and Charge Questionnairre# 5 Henry Gallardo's deposition transcript (pp. 1-64)# 6 Henry Gallardo's deposition transcript (pp. 65-116)# 7 Henry Gallardo's depositoin transcript (pp. 117-164))(Cooper, Cheryl) (Entered: 12/10/2007)

RECAP
75 Dec. 10, 2007

NOTICE by Equal Employment Opportunity Commission Notice of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Henry Gallardo's deposition transcript (pp. 165-208)# 2 Henry Gallardo's deposition transcript (pp. 209-256)# 3 Henry Gallardo's deposition transcript (pp. 257-292)# 4 Henry Gallardo's deposition transcript (pp. 293-320)# 5 Gallardo Corrective# 6 Gallardo's Personnel File (Excerpts))(Cooper, Cheryl) (Entered: 12/10/2007)

RECAP
76 Dec. 10, 2007

NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Letter of Determination and Invitation to Conciliate dated 5/24/06 (LOD)# 2 Letter from McCray Pettway to Lisbeth Bailey dated 6/14/06# 3 Letter from McCray Pettway to Lisbeth Bailey dated 7/21/06# 4 Letter to McCray Pettway to Lisbeth Bailey dated 91/06# 5 William Lundy's deposition transcript (pp. 1-57)# 6 William Lundy's deposition transcript (pp. 58-121)# 7 William Lundy's deposition transcript (pp. 122-181)# 8 William Lundy's deposition transcript (pp. 182-235)# 9 Lundy statement)(Cooper, Cheryl) (Entered: 12/10/2007)

RECAP
77 Dec. 10, 2007

NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 James Manoukian's deposition transcript (pp. 1-80)# 2 James Manoukian's deposition transcript (pp. 81-151)# 3 Terrell Miller's deposition transcript (pp. 1-77)# 4 Terrell Miller's deposition transcript (pp. 78-154)# 5 Miller statement# 6 Notice of EEOC Charge of Discrimination)(Cooper, Cheryl) (Entered: 12/10/2007)

RECAP
78 Dec. 10, 2007

NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 James Randle's deposition transcript (pp. 1-80)# 2 James Randle's deposition transcript (pp. 81-152)# 3 James Randle's deposition transcript (pp. 153-195)# 4 Request for Information (RFI)# 5 Response to RFI)(Cooper, Cheryl) (Entered: 12/10/2007)

RECAP
79 Dec. 10, 2007

NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Jesus Santos' deposition transcript (pp. 1-77)# 2 Jesus Santos' deposition transcript (pp. 78-157)# 3 Jesus Santos' deposition transcript (pp. 158-237)# 4 Jesus Santos' deposition transcript (pp. 238-262))(Cooper, Cheryl) (Entered: 12/10/2007)

RECAP
80 Dec. 10, 2007

NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 David Shelby's deposition transcript (Vol. I, pp. 1-76)# 2 David Shelby's deposition transcript (Vol. I, pp. 77-122)# 3 David Shelby's deposition transcript (Vol II, pp. 1-52)# 4 Witness Statements (Lundy, Miller, Brady))(Cooper, Cheryl) (Entered: 12/10/2007)

RECAP
81 Dec. 10, 2007

RESPONSE in Opposition re 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law filed by Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 12/10/2007)

RECAP
82 Dec. 10, 2007

RESPONSE to 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law Statement of Material Facts in Oppositon to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 12/10/2007)

RECAP
83 Dec. 11, 2007

NOTICE of Instruction to Filer: re 82 Response (Other), Response (Other) filed by Equal Employment Opportunity Commission. ERROR: Wrong Event Selected; Instruction to Filer: In the future please select the proper Event: "Statement" found under Other Documents, it is not necessary to refile this document. (gp) (Entered: 12/11/2007)

RECAP
84 Dec. 12, 2007

ORDER requiring submission of courtesy copies; re 71 Order Setting Hearing ; Signed by Judge Alan S. Gold on 12/11/2007.(bs) (Entered: 12/12/2007)

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85 Dec. 20, 2007

REPLY to Response to Motion re 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law filed by BJ's Wholesale Club. (Wilson, Christine) (Entered: 12/20/2007)

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86 Jan. 4, 2008

NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of Christine L. Wilson from February 25, 2008 through March 4, 2008 (Wilson, Christine) (Entered: 01/04/2008)

RECAP
87 Feb. 14, 2008

NOTICE of Substitution of Counsel by Maria Kate Boehringer on behalf of Equal Employment Opportunity Commission (Boehringer, Maria) (Entered: 02/14/2008)

RECAP
Feb. 15, 2008

Attorney Cheryl A. Cooper terminated, Per Notice at DE # 87 . Sent terminated attorney(s) instructions for tracking future case activity. (gp)

88 March 13, 2008

ORDER resetting pretrial conference date; Pretrial Conference reset for 5/5/2008 04:30 PM before Judge Alan S. Gold.Signed by Judge Alan S. Gold on 03/12/2008.(bs) (Entered: 03/13/2008)

RECAP
89 March 17, 2008

Unopposed MOTION for Extension of Time to File Joint Pretrial Stipulation and Motions in Limine by BJ's Wholesale Club. (Torres-Diaz, Pedro) (Entered: 03/17/2008)

RECAP
90 March 20, 2008

NOTICE of Settlement by Equal Employment Opportunity Commission (Boehringer, Maria) (Entered: 03/20/2008)

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91 March 21, 2008

ORDER granting 89 Defendant's Unopposed Motion for Extension of Time to File Joint Pretrial Stipulation and Motions in Limine.Signed by Judge Alan S. Gold on 3/21/08. (md) (Entered: 03/21/2008)

RECAP
March 21, 2008

Set Deadlines/Hearings per Order at DE 91 : In Limine Motions due by 3/31/2008. Joint Pretrial Stipulation due by 3/31/2008. (bb)

92 March 24, 2008

ORDER administratively closing case upon notice of settlement and terminating 68 Defendant's MOTION for Summary Judgment; all pending motions are denied as moot; Signed by Judge Alan S. Gold on 03/24/2008.(bs) (Entered: 03/24/2008)

RECAP
93 March 27, 2008

Plaintiff's MOTION Entry of Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree# 2 Text of Proposed Order)(Vizcaino, Diana) (Entered: 03/27/2008)

RECAP
94 April 1, 2008

ORDER granting 93 Motion entry of consent decree Signed by Judge Alan S. Gold on 3/31/2008. (tb) (Entered: 04/01/2008)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2006

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of several workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

BJ's Wholesale Club

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 Florida 1:06-cv-22452

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 100,000

Order Duration: 2008 - 2011

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Indian

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Recommended Citation