Case: EEOC v. WAL-MART STORES, INC.

EEOC v. Wal-Mart Stores, Inc.

EEOC v. Wal-Mart Stores, Inc.

EEOC v. Wal-Mart Stores, Inc.

EEOC v. Wal-Mart Stores, Inc.

EEOC v. Wal-Mart Stores, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (drl) (Entered: 02/11/1999)

Magistrate identification: Mag/Judge Gerald B Cohn (drl)

CJRA Track B assigned by Judge David R. Herndon; presumptive jury trial set for month of 2/00 before Judge David R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) (dlr) (Entered: 02/18/1999)

WAIVER OF SERVICE executed upon defendant Wal-Mart Stores Inc on 2/24/99 (dlr)

ATTORNEY APPEARANCE for defendant Wal-Mart Stores Inc by Charles E. Reis IV (dlr) (Entered: 04/15/1999)

ANSWER by defendant Wal-Mart Stores Inc to complaint [1-1] (dlr) (Entered: 04/15/1999)

NOTICE of Sched/Disc Conf set for 8:30 AM 5/28/99 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL (cc: all counsel) (dmb) (Entered: 04/21/1999)

PROPOSED joint report submitted by plaintiff EEOC, defendant Wal-Mart Stores Inc (fe)

SCHEDULING AND DISCOVERY ORDER by Mag Judge Gerald B. Cohn discovery ddl set 10/29/99 ;disp mtn filing ddl 12/10/99 settlement conf set 1:30 PM on 11/16/99 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL (cc: all counsel) (jmf) (Entered: 05/06/1999)

ORDER by Mag Judge Gerald B. Cohn setting settlement conf at 1:30 PM on 11/16/99 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL (cc: all counsel) (jmf) (Entered: 05/06/1999)

MOTION by defendant Wal-Mart Stores Inc for attorney Bryan W. Riley to appear pro hac vice (dmb) (Entered: 06/07/1999)

ORDER (NGJ/dmb) granting motion for attorney Bryan W. Riley to appear pro hac vice [8-1] receipt #300 61017 $55.00 (cc: all counsel) (dmb) (Entered: 06/07/1999)

MOTION by defendant Wal-Mart Stores Inc for attorney Gregory S. Muzingo to appear pro hac vice (dmb) (Entered: 06/07/1999)

ORDER (NGJ/dmb) granting motion for attorney Gregory S. Muzingo to appear pro hac vice [10-1] receipt #300 61016 $55.00 (cc: all counsel) (dmb) (Entered: 06/07/1999)

MOTION by plaintiff EEOC for entry of stipulated protective order (myz) (Entered: 10/05/1999)

PROTECTIVE ORDER by Mag Judge Gerald B. Cohn : granting motion for entry of stipulated protective order [12-1] (cc: all counsel) (jmf) (Entered: 10/15/1999)

MINUTES (jms) of Settlement Conference hearing on 11/16/99 before Mag Judge Gerald B. Cohn ; Settlement conf held 11/16/99 Case did not settle. ( C/R: N/A) (jms) (Entered: 11/17/1999)

NOTICE of hearing settlement conf set 9:00AM 12/14/99 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL (cc: all counsel) (jms) (Entered: 11/17/1999)

NOTICE of hearing final pretrl conf set for 10:00 AM on 1/19/00 before Judge David R. Herndon in the USDC/East St. Louis, IL (cc: all counsel) (pab) (Entered: 11/18/1999)

MOTION by defendant Wal-Mart Stores Inc to extend time to file a dispositive motion (tjh) (Entered: 12/15/1999)

MINUTES of hearing on settlement conference before Mag Judge Gerald B. Cohn ; Settlement conf held 12/14/99 case did not settle ( C/R: None) (jmf) (Entered: 12/17/1999)

ORDER by Judge David R. Herndon granting motion to extend time to file a dispositive motion [17-1] dispositive mtn ddl 12/17/99 (cc: all counsel) (pab) (Entered: 12/17/1999)

MOTION by defendant Wal-Mart Stores Inc for continuance of trial (dlr) (Entered: 01/11/2000)

ATTORNEY APPEARANCE for plaintiff EEOC by Melvin D. Kennedy (dlr) (Entered: 01/13/2000)

MEMORANDUM by plaintiff EEOC in opposition to motion for continuance of trial [20-1] (dlr) (Entered: 01/18/2000)

MINUTES (pb) of hearing on final pretrial conference before Judge David R. Herndon, ; Final pretrial conf held 1/19/00; jury trial set for 3/13/00 before Judge David R. Herndon in the USDC/East St. Louis, IL finding the motion for continuance of trial [20-1] moot. ( C/R: none) (dmw) (Entered: 01/21/2000)

FINAL PRE-TRIAL ORDER by Judge David R. Herndon (cc: all counsel) (dmw) (Entered: 01/21/2000)

FIRST SUPPLEMENT TO LIST OF WITNESSESS IT EXPECTS TO CALL TO TESTIFY AT TRIAL (EXPERT WITNESS DESIGNATION) by plaintiff EEOC (dlr) (Entered: 02/08/2000)

SECOND SUPPLEMENT WITNESS DESIGNATION by plaintiff EEOC (jmf) (Entered: 02/23/2000)

MOTION by plaintiff EEOC in limine to prohibit mention or evidence of previous legal or administrative proceedings involving Tammy Williams and suggestions in support (dlr) (Entered: 02/24/2000)

MOTION by plaintiff EEOC in limine to prohibit mention or evidence of Tammy Williams' absences during her employment with defendant and suggestions in support (dlr) (Entered: 02/24/2000)

MOTION by plaintiff EEOC in limine to bar mention or evidence of Tammy Williams' marriages and divorces and suggesstions in support (dlr) (Entered: 02/24/2000)

MOTION by plaintiff EEOC in limine to prohibit mention or evidence of Tammy Williams' medical complaints, conditions, injuries, treatments, or surgeries and suggestions in support (dlr) (Entered: 02/24/2000)

MOTION by plaintiff EEOC in limine to prohibit mention or evidence of workers' compensation or unemployment compensation received by Tammy Williams and suggestions in support (dlr) (Entered: 02/24/2000)

MOTION by plaintiff EEOC in limine to prohibit mention or evidence of Tammy Williams' performance with or termination by prior or subsequent employers and suggestions in support (dlr) (Entered: 02/24/2000)

MOTION by plaintiff EEOC in limine to prohibit mention or evidence of Tammy Williams' termination by a prior employer, Edwardsville Care Center, or Ms. Williams' use of the phrase, "Layed Off" instead of "Terminated" on her Wal-Mart application and suggestions in support (dlr) (Entered: 02/24/2000)

MOTION by plaintiff EEOC to file plaintiff's designated exhibits for trial with proposed exhibits (myz) (Entered: 02/29/2000)

ORDER by Judge David R. Herndon granting motion to file plaintiff's designated exhibits for trial [34-1] (cc: all counsel) (dlr) (Entered: 03/01/2000)

EXHIBIT/WITNESS list by plaintiff EEOC (dlr) (Entered: 03/01/2000)

TRIAL BRIEF by plaintiff EEOC (dlr) (Entered: 03/06/2000)

MOTION by plaintiff EEOC to correct by interlineation its designated list of exhibits for trial (amend) (dlr) (Entered: 03/06/2000)

MOTION by plaintiff EEOC in limine to bar mention or evidence of Tammy Williams' sexual relationships and suggestions in support (dlr) (Entered: 03/06/2000)

MOTION by plaintiff EEOC in limine to exclude mention or evidence of Tammy Williams' sexual joking or conversations in defendant's workplace and suggestions in support (dlr) (Entered: 03/06/2000)

RESPONSE by defendant Wal-Mart Stores Inc to motion in limine to prohibit mention or evidence of Tammy Williams' termination by a prior employer, Edwardsville Care Center, or Ms. Williams' use of the phrase, "Layed Off" instead of "Terminated" on her Wal-Mart application [33-1], motion in limine to prohibit mention or evidence of Tammy Williams' performance with or termination by prior or subsequent employers [32-1], motion in limine to prohibit mention or evidence of workers' compensation or unemployment compensation received by Tammy Williams [31-1], motion in limine to prohibit mention or evidence of Tammy Williams' medical complaints, conditions, injuries, treatments, or surgeries [30-1], motion in limine to bar mention or evidence of Tammy Williams' marriages and divorces [29-1], motion in limine to prohibit mention or evidence of previous legal or administrative proceedings involving Tammy Williams [27-1] (dlr) (Entered: 03/07/2000)

ORDER by Judge David R. Herndon granting motion to correct by interlineation its designated list of exhibits for trial (amend) [38-1] (cc: all counsel) (tjh) (Entered: 03/10/2000)

REPLY by plaintiff EEOC re defendant's response to plaintiff's motions in limine [40-1], re [39-1], re [33-1], re [32-1], re [31-1], re [30-1], re [29-1], re [28-1], re [27-1] (tjh) (Entered: 03/10/2000)

ORDER by Judge David R. Herndon granting motion in limine to prohibit mention or evidence of previous legal or administrative proceedings involving Tammy Williams [27-1], granting in part and denying in part motion in limine to prohibit mention or evidence of Tammy Williams' absences during her employment with defendant [28-1], granting motion in limine to bar mention or evidence of Tammy Williams' marriages and divorces [29-1],granting motion in limine to prohibit mention or evidence of Tammy Williams' medical complaints, conditions, injuries, treatments, or surgeries [30-1], granting motion in limine to prohibit mention or evidence of workers' compensation or unemployment compensation received by Tammy Williams [31-1], granting motion in limine to prohibit mention or evidence of Tammy Williams' performance with or termination by prior or subsequent employers [32-1], denying as moot and granting in part motion in limine to prohibit mention or evidence of Tammy Williams' termination by a prior employer, Edwardsville Care Center, or Ms. Williams' use of the phrase, "Layed Off" instead of "Terminated" on her Wal-Mart application [33-1], granting motion in limine to bar mention or evidence of Tammy Williams' sexual relationships [39-1], granting motion in limine to exclude mention or evidence of Tammy Williams' sexual joking or conversations in defendant's workplace [40-1]; see order for specifics (cc: all counsel) (dlr) (Entered: 03/10/2000)

MOTION by plaintiff EEOC to substitute videotaped witness deposition in lieu of live testimony (dlr) (Entered: 03/14/2000)

MOTION by plaintiff EEOC to exclude defendant's exhibits for trial (dlr) (Entered: 03/14/2000)

MEMORANDUM by defendant Wal-Mart Stores Inc in opposition to motion to exclude defendant's exhibits for trial [46-1] (dlr) (Entered: 03/14/2000)

MINUTES OF DAY 1 OF JURY TRIAL (pab) before Judge David R. Herndon denying motion to exclude defendant's exhibits for trial [46-1], granting motion to substitute videotaped witness deposition in lieu of live testimony [45-1] ( C/R: Jennifer Robertson) (pab) (Entered: 03/16/2000)

MINUTES OF DAY 2 OF JURY TRIAL (pab) before Judge David R. Herndon (C/R: Jennifer Robertson) (pab) (Entered: 03/16/2000)

MOTION by defendant Wal-Mart Stores Inc for judgment as a matter of law on plaintiff's claim of sexual harassment of Ms. Williams as the close of plaintiff's case (pab) (Entered: 03/20/2000)

MINUTES OF DAY 3 OF JURY TRIAL (pab) before Judge David R. Herndon denying motion for judgment as a matter of law on plaintiff's claim of sexual harassment of Ms. Williams as the close of plaintiff's case [50-1] ( C/R: Jennifer Robertson) (pab) (Entered: 03/21/2000)

OBJECTIONS by plaintiff EEOC to defendant's proposed exhibits (myz) (Entered: 03/23/2000)

DEPOSITION of Shannon Kelly Moore taken October 12, 1999 (pab)

MINUTES OF DAY 4 OF JURY TRIAL (pab) before Judge David R. Herndon ( C/R: Jennifer Robertson) (pab) (Entered: 03/21/2000)

MOTION by plaintiff EEOC for judgment as a matter of law that (1) Boyd Lance was a "supervision" under the Faragher/Ellerth employer liability standard and (2) defendant is not entitled to the Faragher/Ellerth affirmative defense pursuant to Rule 50(a). (pab) (Entered: 03/22/2000)

TRANSCRIPT of cross examination of Tammy Williams; jury trial held March 16, 2000; 1 volume(s) Court Reporter: Jennifer Robertson (pab)

MINUTES OF DAY 5 OF JURY TRIAL (pab) before Judge David R. Herndon denying motion for judgment as a matter of law that (1) Boyd Lance was a "supervision" under the Faragher/Ellerth employer liability standard and (2) defendant is not entitled to the Faragher/Ellerth affirmative defense pursuant to Rule 50(a). [53-1] ( C/R: Jennifer Robertson) (pab) (Entered: 03/23/2000)

MINUTES of hearing on day 6 (last) of jury trial before Judge David R. Herndon ; judgment is entered in favor of defendant and against plaintiff on sex harrassment, for plaintiff and against defendant on retaliation (exhibit list attached) ( C/R: Jennifer Robertson) (dlr) Modified on 03/27/2000 (Entered: 03/27/2000)

Stipulation for Release of Exhibits by defendant Wal-Mart Stores Inc, plaintiff EEOC (dlr) (Entered: 03/27/2000)

ORDER by Judge David R. Herndon; the costs of the meal for the jury shall be borne by the USA (cc: all counsel) (dlr) (Entered: 03/27/2000)

VERDICT for plaintiff EEOC against defendant Wal-Mart Stores Inc (dlr) (Entered: 03/27/2000)

VERDICT for defendant Wal-Mart Stores Inc against plaintiff EEOC (dlr) (Entered: 03/27/2000)

VERDICT for plaintiff EEOC against defendant Wal-Mart Stores Inc (dlr) (Entered: 03/27/2000)

EXHIBIT/WITNESS list by defendant Wal-Mart Stores Inc, plaintiff EEOC (dlr)

JURY INSTRUCTIONS (1 envelope) (dlr)

JUDGMENT (NGJ/pab); it is ordered and adjudged that judgment is entered in favor of defendant and against plaintiff on the claim for the sexual harrassment of Tammy Williams; it is further ordered and adjudged that judgment is entered in favor of plaintiff and against defendant in the sum of $7,000.00 for lost wages on the claim for the retaliation against Tammy Williams; it is further ordered and adjudged that judgemnt is enterd in favor of plaintiff and against defendant for punitive damages in the sum of $100,000.00 terminating case (cc: all counsel) (dlr) (Entered: 03/27/2000)

MOTION by plaintiff EEOC to modify judgment (amend) (dlr) (Entered: 04/11/2000)

BILL OF COSTS (Photocopy) submitted by plaintiff EEOC re [62-2] response due 4/16/00 (substituted per order at doc #68) (dlr) Modified on 04/24/2000 (Entered: 04/11/2000)

MOTION by defendant Wal-Mart Stores Inc for judgment as a matter of law or in the alternative, motion for remittur (acm) (Entered: 04/11/2000)

MEMORANDUM by plaintiff EEOC in opposition to motion for judgment as a matter of law [65-1], motion or in the alternative, motion for remittur [65-2] (jmf) (Entered: 04/14/2000)

MOTION by plaintiff EEOC to substitute, and to file instanter corrected bill of costs (dlr) (Entered: 04/17/2000)

ORDER by Judge David R. Herndon granting motion to substitute [67-1], granting motion to file instanter corrected bill of costs [67-2] (cc: all counsel) (dlr) (Entered: 04/24/2000)

RESPONSE IN OPPOSITION by defendant Wal-Mart Stores Inc to motion to modify judgment (amend) [63-1] (dlr) (Entered: 04/24/2000)

COSTS taxed for plaintiff EEOC by Clerk of Court in the amount of $ 5,387.45 against defendant Wal-Mart Stores Inc (cc: all counsel) (dlr) Modified on 04/25/2000 (Entered: 04/25/2000)

REPLY by defendant Wal-Mart Stores Inc to response to motion for judgment as a matter of law [65-1], motion or in the alternative, motion for remittur [65-2] (acm) (Entered: 04/27/2000)

TRANSCRIPT of jury trial; held 3/15/00,3/16/00,3/20/00,3/21/00,3/22/00; 5 volume(s) Court Reporter: Jennifer Robertson (dlr)

MEMORANDUM AND ORDER by Judge David R. Herndon denying motion for judgment as a matter of law [65-1], denying motion or in the alternative, motion for remittur [65-2], granting in part and denying in part motion to modify judgment (amend) [63-1] ;the parties have until 7/11/00 to submit proposed notices for the Court's review ; see order for specifics (cc: all counsel) (dlr) Modified on 06/30/2000 (Entered: 06/30/2000)

AMENDED JUDGMENT approved by Judge David R. Herndon (pab); it is ordered and adjudged that judgment is entered in favor of defendant and against plaintiff on the claim for the sexual harassment of Tammy Williams; it is further ordered and adjudged that judment is entered in favor of plaintiff and against defendant in the sum of $7,000.00 for lost wages on the claim for the retaliation against Tammy Williams; it is further ordered and adjudged that judgment is entered in favor of plaintff and against defendant for punitive damages in the sum of $100,000.00; it is further ordered and adjudged that judgment is entered in favor of plaintiff and against defendant in the sum of $2905.25 for costs; see judgment for specifics (cc: all counsel) (dlr) (Entered: 07/10/2000)

VOLUME NUMBER 2 created, beginning with document number 73. (fe)

MEMORANDUM TO CLERK (NOTICE) by defendant Wal-Mart Stores Inc, plaintiff EEOC regarding 6/29/00 Order of the Court (dlr) (Entered: 07/25/2000)

PROPOSED Notice to be posted at Defendant's Wal-Mart store in Glen Carbon, IL submitted by plaintiff EEOC (pab)

ORDER by Judge David R. Herndon regarding memorandum to clerk [74-1]; the Court approves the notice and orders that it be posted in the Glen Carbon store, in a location readily visible to employees, on or before 8/5/00 (cc: all counsel) (dlr) (Entered: 07/25/2000)

File Sent to FRC on 03/11/2004: accession number 021-04-0005, box number 28 of 112, location 425608-425719 BAN. (tmpemail2, ) (Entered: 03/23/2004)