Case: EEOC v. Kmart Corporation

EEOC v. Kmart Corporation; Anderson v. Kmart Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed for unlawful employment practices based on sex and retaliation; jury demand (jrm) (Entered: 10/01/2001)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: David A. Baker (jrm) (Entered: 10/01/2001)

SUMMONS issued for Kmart Corporation (jrm) (Entered: 10/01/2001)

RELATED CASE ORDER (response due within 11 days) and NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jrm) (Entered: 10/10/2001)

ORDER ON INTERESTED PERSONS AND CORPORATE DISCLOSURE. Response due within 11 days. (Signed by Judge John Antoon II) ctc (jrm) (Entered: 10/10/2001)

CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC and corporate disclosure statement Re: [3-1] order (jrm) (Entered: 10/22/2001)

NOTICE (no related cases) by plaintiff EEOC of pendency of other actions re: order of compliance with Local Rule 1.04(c) (jrm) (Entered: 10/22/2001)

NOTICE of filing waiver of service of summons by plaintiff EEOC (jrm) (Entered: 11/09/2001)

WAIVER OF SERVICE returned executed as to Kmart Corporation on10/24/01. Answer due on 12/24/01 for Kmart Corporation (jrm) (Entered: 11/09/2001)

MOTION by Virginia Anderson, Tracy Brown and Jennifer Valdez with memorandum in support to intervene ; referred to Magistrate Judge David A. Baker (cs) (Entered: 12/05/2001)

INTERVENOR'S COMPLAINT by Virginia Anderson, Tracy Brown and Jennifer Valdez against Kmart Corporation; jury trial demanded (cs) (Entered: 12/05/2001)

AMENDED MOTION with supporting memorandum amending [8-1] motion to intervene by Virginia Anderson, Tracy Brown, Jennifer Valdez; referred to Magistrate Judge David A. Baker (jrm) (Entered: 12/18/2001)

NOTICE (related case) by defendant Kmart Corporation of pendency of other actions re: order of compliance with Local Rule 1.04(c); related to 6:01-cv-1303-Orl-28JGG (jrm) (Entered: 12/21/2001)

CERTIFICATE OF INTERESTED PERSONS by defendant Kmart Corporation and corporate disclosure statement Re: [3-1] order (jrm) (Entered: 12/21/2001)

ANSWER and affirmative defenses to [1-1] complaint and demand for attorney's fees by defendant Kmart Corporation (jrm) (Entered: 12/21/2001)

MOTION with memorandum in support to intervene by Y'Sheena M. McCoy (jrm) (Entered: 12/21/2001)

MOTION referred: [15-1] motion to intervene by Y'Sheena M. McCoy referred to Magistrate Judge David A. Baker pursuant to Judge Antoon (jrm) (Entered: 12/26/2001)

ORDER of Recusal (signed by Magistrate Judge David A. Baker 01-02-02) ctc (jrm) (Entered: 01/03/2002)

NOTICE to counsel of new case number and magistrate judge assignment (signed by deputy clerk) ctc (jrm) (Entered: 01/03/2002)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Karla R. Spaulding (jrm) (Entered: 01/03/2002)

MOTIONS referred: [15-1] motion to intervene by Y'Sheena M. McCoy referred to Magistrate Judge Karla R. Spaulding; [11-1] amended motion to intervene referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 01/03/2002)

MOTION with memorandum in support to intervene by Lisa Williams ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 01/04/2002)

ORDER granting [11-1] amended motion to intervene by Virginia Anderson, Tracy Brown and Jennifer Valdez; granting [15-1] motion to intervene by Y'Sheena M. McCoy (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 01/09/2002)

AMENDED INTERVENOR'S COMPLAINT by Virginia Anderson, Tracy Brown, Jennifer Valdez; jury demand; amending [9-1] intervenor complaint (jrm) (Entered: 01/09/2002)

INTERVENOR'S COMPLAINT by Y'Sheena M. McCoy against Kmart Corporation; jury demand (jrm) (Entered: 01/09/2002)

ORDER consolidating with case 6:01-cv-1303-Orl-28JGG for all further proceedings (Signed by Judge John Antoon II 01-15-02) ctc (jrm) (Entered: 01/16/2002)

INTERVENOR'S COMPLAINT by Lisa Williams against Kmart Corporation; jury demand (jrm) (Entered: 01/24/2002)

NOTICE of bankruptcy filing and automatic stay by defendant Kmart Corporation (jrm) (Entered: 01/24/2002)

UNOPPOSED MOTION by defendant Kmart Corporation with memorandum in support to extend time to respond to intervenors' complaints in intervention and participate in the preparation of a case management report ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 01/28/2002)

ORDER vacating [22-1] order of consolidation with case 6:01-cv-1303-Orl-28JGG and these cases are no longer consolidated. The parties stipulated notice of voluntary dismissal (Doc. No. 10) filed in case 01-1303 is granted with prejudice. All pending motions in said case are denied as moot and the Clerk shall close that file. Case 01-1133 is stayed pursuant to the notice of bankruptcy filing and automatic stay (Doc. No. 25) filed in case 01-1133. Defendant shall file a status report within 30 days and every 90 days thereafter. Set status report deadline for 3/6/02 (Signed by Judge John Antoon II) ctc (jrm) (Entered: 02/01/2002)

BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 03/04/2002)

BANKRUPTCY STATUS REPORT by Kmart Corporation (jet) (Entered: 06/03/2002)

BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 08/30/2002)

ORDER that the defendant, K-Mart Corporatin file within 15 days from the date of this order, a report indicating the status of this case; reset status report deadline for 2/24/03 ( Signed by Judge John Antoon II on 2/4/03 ) ctc (igc) (Entered: 02/05/2003)

BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 02/19/2003)

ORDER set status report deadline for defendant Kmart Corporation for 6/9/03 (Signed by Judge John Antoon II) ctc (jrm) (Entered: 05/22/2003)

BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 06/09/2003)

MOTION by defendant Kmart Corporation to dismiss this action with copy of Findings of Fact, Conclusions of Law and Order in bankruptcy case from the Bankruptcy Court in the Northern District of Illinois (filed separately) (jrm) Modified on 06/12/2003 (Entered: 06/12/2003)

ORDER TO SHOW CAUSE why this case should not be dismissed based on the orders issued by the Bankruptcy Court in defendant's Chapter 11 case. Response due on 7/11/03 for EEOC (Signed by Judge John Antoon II) ctc (jrm) (Entered: 06/23/2003)

COMPLIANCE with Court's show cause order filed by plaintiff EEOC (jrm) (Entered: 07/11/2003)

ORDER denying [35-1] defendant's motion to dismiss this action. All motions shall be filed with memoranda of law in compliance with Federal Rules of Civil Procedure and Local Rules. (Signed by Judge John Antoon II) ctc (jrm) (Entered: 07/17/2003)

ORDER TO SHOW CAUSE why this case should not be dismissed for lack of prosecution due to the non-filing of a case management report. Response due on 9/4/03 for EEOC (Signed by Judge John Antoon II) ctc (jrm) (Entered: 08/21/2003)

MOTION with attachments by defendant Kmart Corporation with memorandum in support to dismiss and/or for summary judgment as to the Equal Employment Opportunity Commission's claims against Kmart (attachments not scanned) (jrm) (Entered: 08/25/2003)

MOTION with attachments by defendant Kmart Corporation with memorandum in support to dismiss and/or for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (attachments not scanned) (jrm) (Entered: 08/25/2003)

JOINT MOTION by Intervenor-Plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena M. McCoy, and Lisa Williams to participate in case management meeting, by telephone ; referred to Magistrate Judge Karla R. Spaulding (jet) (Entered: 08/27/2003)

ORDER granting [42-1] intervenor-plaintiffs' motion to participate in case management meeting, by telephone (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 08/28/2003)

COMPLIANCE with show cause order filed by plaintiff EEOC (jrm) (Entered: 08/29/2003)

CASE MANAGEMENT REPORT. STRICKEN AND RETURNED BY ORDER #47. (jrm) Modified on 09/10/2003 (Entered: 08/29/2003)

STIPULATION for substitution of counsel; the law firm of Littler Mendelson in place of the law firm of Foley & Lardner for defendant Kmart Corporation (jrm) (Entered: 09/03/2003)

ORDER to strike and return [45-1] case management report for failure to comply with Local Rules; the parties are directed to file with the court by 9/30/03 a fully executed Case Management Report which is in compliance with federal and local rules (Signed by Judge John Antoon II on 9/9/03) ctc (jet) (Entered: 09/10/2003)

RESPONSE by plaintiff EEOC to [40-1] defendant's motion to dismiss, [40-2] motion for summary judgment as to the Equal Employment Opportunity Commission's claims against Kmart (jrm) (Entered: 09/12/2003)

AGREED MOTION by Lisa Williams with memorandum in support to extend time until 10-12-03 for intervenor Williams to respond to K-Mart's motion to dismiss ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 09/12/2003)

AGREED MOTION by Y'Sheena M. McCoy to extend time until 10-12-03 to respond to K-Mart's motion to dismiss ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 09/12/2003)

UNOPPOSED MOTION by Virginia Anderson, Tracy Brown, Jennifer Valdez with memorandum in support to extend time, 30 days, to respond to defendant's motion to dismiss and/or for summary judgment ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 09/15/2003)

ORDER granting [49-1] motion to extend time until 10-12-03 for intervenor Williams to respond to K-Mart's motion to dismiss; granting [50-1] motion to extend time until 10-12-03 to respond to K-Mart's motion to dismiss; granting [51-1] motion to extend time, 30 days, to respond to defendant's motion to dismiss and/or for summary judgment; response to motion set to 10/14/03 for [41-1] motion to dismiss, [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) Modified on 09/16/2003 (Entered: 09/15/2003)

NOTICE of bankruptcy by Jennifer Valdez (jrm) (Entered: 09/22/2003)

COMPLIANCE by plaintiff EEOC with [47-1] Court's September 9, 2003 Order to strike (jrm) (Entered: 09/29/2003)

CASE MANAGEMENT REPORT (jrm) (Entered: 09/29/2003)

OPPOSITION by Lisa Williams to [41-1] defendant's motion to dismiss (jrm) (Entered: 10/14/2003)

NOTICE of filing intervenor plaintiffs' exhibits in support of their opposition to Kmart's motion to dismiss by Lisa Williams, Y'Sheena M. McCoy (jrm) (Entered: 10/14/2003)

RESPONSE by Virginia Anderson, Tracy Brown to [41-1] defendant's motion to dismiss, [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (jrm) (Entered: 10/15/2003)

MEMORANDUM with attached exhibits by Y'Sheena M. McCoy in opposition to [41-1] defendant's motion to dismiss (jrm) (Entered: 10/15/2003)

ORDER defendant Kmart's reply to response to motion reset to 11/7/03 for [41-1] motion to dismiss, reset to 11/7/03 for [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (Signed by Judge John Antoon II 10-17-03) ctc (jrm) (Entered: 10/20/2003)

ORDER TO SHOW CAUSE why the case management report should not be stricken for failure of defendant's new counsel to sign report or adopt its contents. Response due on 11/5/03 for Kmart Corporation (Signed by Judge John Antoon II 10-17-03) ctc (jrm) Modified on 11/03/2003 (Entered: 10/20/2003)

RESPONSE to show cause order filed by plaintiff EEOC (jet) (Entered: 10/28/2003)

RESPONSE to show cause order filed by intervenor-plaintiff Lisa Williams (jet) (Entered: 10/28/2003)

RESPONSE to show cause order filed by intervenor-plaintiff Y'Sheena M. McCoy (jet) (Entered: 10/29/2003)

RESPONSE to show cause order filed by intervenor-plaintiffs Virginia Anderson and Tracy Brown (jet) (Entered: 10/29/2003)

RESPONSE to show cause order with attached exhibits filed by defendant Kmart Corporation (jrm) (Entered: 11/03/2003)

ORDER adopting case management report (Doc. No. 55). A case management and scheduling order will be entered separately. (Signed by Judge John Antoon II 11-06-03) ctc (jrm) (Entered: 11/07/2003)

REPLY MEMORANDUM by defendant Kmart Corporation to response to [41-1] motion to dismiss, [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (jrm) (Entered: 11/07/2003)

ORDER denying [40-1] defendant's motion to dismiss, denying [40-2] motion for summary judgment as to the Equal Employment Opportunity Commission's claims against Kmart (Signed by Judge John Antoon II 11-12-03) ctc (jrm) (Entered: 11/13/2003)

ORDER granting [41-1] defendant's motion to dismiss and the claims of Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams are dismissed; denying as moot [41-2] motion for summary judgment (Signed by Judge John Antoon II) ctc (jrm) (Entered: 11/13/2003)

MOTION by Kmart Corporation for Guy O. Farmer II to withdraw as attorney ; referred to Magistrate Judge Karla R. Spaulding (jet) (Entered: 12/04/2003)

CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties and amending of pleadings on 11/24/03; Discovery cutoff 8/16/04; dispositive motion filing deadline for 9/16/04; Pretrial statement due on or before 11/4/04; jury trial for the trial term commencing at 8:30 on 2/1/05; Scheduled for Judge John Antoon II ( signed by Judge John Antoon II on 12/7/03 ) ctc (jet) (Entered: 12/08/2003)

ORDER referring case to mediation. Appointing Cary R. Singletary as mediator. Conduct hearing by 2/15/04; Lead counsel, Kenneth L. Gillespie, to coordinate dates. (Signed by Judge John Antoon II on 11/7/03) ctc (jet) (Entered: 12/08/2003)

ORDER granting [72-1] motion for Guy O. Farmer II to withdraw as attorney (Terminated attorney Guy O. Farmer for Kmart Corporation ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (jet) (Entered: 12/10/2003)

NOTICE of intent to withdraw by attorney Lori A. Brown and Devand A. Sukhdeo for Kmart Corporation (jet) (Entered: 03/19/2004)

UNOPPOSED MOTION by defendant Kmart Corporation for Lori A. Brown and Devand A. Sukhdeo to withdraw as attorneys ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 04/08/2004)

ORDER denying without prejudice [77-1] defendant's motion for Lori A. Brown and Devand A. Sukhdeo to withdraw as attorneys (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 04/09/2004)

STIPULATED MOTION by defendant Kmart Corporation for substitution of counsel; Mark J. Neuberger of the law firm Buchanan Ingersoll in place of Lori Anne Brown and Devan A. Sukhedo of the law firm Littler Mendelson ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 04/28/2004)

ORDER granting [79-1] defendant's motion for substitution of counsel; Mark J. Neuberger of the law firm Buchanan Ingersoll in place of Lori Anne Brown and Devan A. Sukhedo of the law firm Littler Mendelson. Added Mark J. Neuberger. (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 04/29/2004)

APPLICATION by defendant Kmart Corporation for Richard J. Antonelli to appear pro hac vice ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 05/24/2004)

APPLICATION by defendant Kmart Corporation for Rebecca Dick-Hurwitz to appear pro hac vice ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 05/24/2004)

ORDER granting [81-1] defendant's motion for Richard J. Antonelli to appear pro hac vice; granting [82-1] defendant's motion for Rebecca Dick-Hurwitz to appear pro hac vice (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 05/25/2004)

MOTION for Extension of Time until 09-10-04 to Complete Discovery by Kmart Corporation. (Keane, Martin) Modified on 7/14/2004 (JRM, ). (Entered: 07/13/2004)

ORDER denying without prejudice 84 Motion for Extension of Time to Complete Discovery. The case is still under a stay issued by the presiding district judge. Further, in the future the parties should use the correct case number on filings, which is 6:01-CV-1133-ORL-28KRS. Signed by Judge Karla R. Spaulding on 7/20/2004. (Spaulding, Karla) (Entered: 07/20/2004)

Consent MOTION for clarification and to Hold the case in Abeyance by Kmart Corporation. (Keane, Martin) (Entered: 07/29/2004)

ORDER clarifying that the stay remains in place, vacating the Case Management and Scheduling Order, and Ordering the parties to submit a joint Case Management Report twenty days from a future Order lifting the stay. Signed by Judge John Antoon II on 7/30/2004. (EMW) (Entered: 07/30/2004)

ORDER directing administrative closure. Signed by Judge John Antoon II on 9/10/2004. (EMW) (Entered: 09/10/2004)

ORDER administratively closing case and ordering continuation of status reports.Signed by Judge John Antoon II on 9/17/2004. (EMW) (Entered: 09/20/2004)

STATUS REPORT by Kmart Corporation. (Keane, Martin) (Entered: 11/29/2004)

STATUS REPORT and Motion For Reopening The Administrative Closure of This Case by Equal Employment Opportunity Commission. (Farrell, Michael) (Entered: 11/30/2004)

MOTION for reopening the administrative closure of this case by plaintiff Equal Employment Opportunity Commission. (For actual document, see 91) (JRM) (Entered: 12/01/2004)

ORDER requiring K-Mart Corp. to respond to [92] MOTION to reopen Case filed by Equal Employment Opportunity Commission on or before 1/19/2005. Show Cause Response due by 1/19/2005. Signed by Judge John Antoon II on 1/4/2005. (EMW) (Entered: 01/04/2005)

Set/reset deadline as to [92] MOTION to reopen Case. K-Mart's response due by 1/19/2005 (JRM) (Entered: 01/05/2005)

Unopposed MOTION for Extension of Time, 7 days, to File Response/Reply to EEOC's Motion for Reopening the Administrative Closure of this Case by Kmart Corporation. (Poppe, Alan) Modified on 1/13/2005 (JRM). (Entered: 01/12/2005)

ORDER granting 94 Motion for Extension of Time to File Response/Reply re [92] MOTION to reopen Case Responses due by 1/26/2005. Signed by Judge Karla R. Spaulding on 1/13/2005. (SDT) (Entered: 01/13/2005)

RESPONSE in opposition re [92] MOTION to reopen Case filed by Kmart Corporation. (Poppe, Alan) (Entered: 01/26/2005)

NOTICE of filing exhibits to its previously-filed response in opposition to plaintiff's motion to reopen the administrative closure of the case that are too voluminous for electronic filing by defendant Kmart Corporation re 96 Response in opposition to motion (exhibits filed separately) (JRM) Modified on 1/31/2005 (JRM). (Document stricken pursuant to Court Order 98) (Entered: 01/31/2005)