Case: EEOC v. Higbee Company d/b/a Dillard Department Stores, Inc

2:03-cv-00356 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Feb. 5, 2003

Closed Date: 2004

Clearinghouse coding complete

Case Summary

The New Orleans District Office of the EEOC filed this suit against Higbee Company, who was doing business as Dillards Department Stores, in February of 2003, in the U.S. District Court for the Eastern District of Louisiana. The suit alleged sex and age discrimination. The complainant, who intervened, alleged that Higbee discharged her from her position as a "Polo Specialist" and replacing her with a male who was 22 years younger than her. Ultimately the case was settled on March 24, 2004. The details of the settlement or other aspects of the case are not available at this time.

Summary Authors

Alex Bean (6/4/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4270638/parties/eeoc-v-dillard-dept-stores/


Attorney for Plaintiff

Agular, Jeffrey T. (Louisiana)

Ebron, Erania (Louisiana)

Hill, Keith T. (Louisiana)

Reams, Gwendolyn Young (District of Columbia)

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Documents in the Clearinghouse

Document

2:03-cv-00356

Docket (PACER)

March 24, 2004

March 24, 2004

Docket
1

2:03-cv-00356

Complaint

Feb. 5, 2003

Feb. 5, 2003

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4270638/eeoc-v-dillard-dept-stores/

Last updated Jan. 30, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; 1 summons(es) issued (yr) Modified on 02/05/2003 (Entered: 02/05/2003)

Feb. 5, 2003

Feb. 5, 2003

RECAP
2

ORDER Case reassigned to Judge Martin L. Feldman by Judge G. T. Porteous Jr. (tbl) (Entered: 02/25/2003)

Feb. 25, 2003

Feb. 25, 2003

PACER
3

PLAINTIFF'S AMENDED complaint [1-1] terminating party Dillard Dept Stores; adding Higbee Company; 1 summons(es) issued (nn) (Entered: 03/17/2003)

March 14, 2003

March 14, 2003

PACER
4

WAIVER OF SERVICE of summons and complaint sent to defendant Higbee Company on 2/18/03 (nn) (Entered: 03/17/2003)

March 14, 2003

March 14, 2003

PACER
5

WAIVER OF SERVICE of summons and complaint of intervention sent to defendant Higbee Company on 4/21/03 (nn) (Entered: 04/23/2003)

April 22, 2003

April 22, 2003

PACER
6

MOTION by movant Martha Ann Cordell to intervene to add a party and to add claims to be heard before Mag Shushan at 9:00 5/7/03 (Proposed cmp of intervention attached) (nn) Modified on 04/24/2003 (Entered: 04/24/2003)

April 22, 2003

April 22, 2003

PACER
7

Response by defendant Higbee Company to motion to intervene to add a party and to add claims [6-1] filed by movant Martha Ann Cordell (dmg) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

PACER
8

MINUTE ENTRY ( 05/09/03 ) granting the motion of Martha Ann Cordell to intervene to add a party and to add claims [6-1] by Magistrate Judge Sally Shushan (ca) (Entered: 05/09/2003)

May 9, 2003

May 9, 2003

PACER
9

Intervenor's COMPLAINT by intervenor-plaintiff Martha Ann Cordell; jury demand; no summons(es) issued (ca) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

PACER
10

ANSWER by defendant Higbee Company to amended complaint by plaintiff EEOC [3-1] (ca) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

PACER
11

ORDER that a preliminary conference is scheduled by telephone before Mag Judge Sally Shushan at 1:30 6/26/03 by Mag Judge Sally Shushan (ca) Modified on 05/23/2003 (Entered: 05/22/2003)

May 22, 2003

May 22, 2003

PACER
12

MINUTE ENTRY ( 5/28/03 ) One of the parties to this proceeding has advised that it does not wish to consent to trial before the Mag Judge; accordingly, the matter is returned to the docket of the District Judge; the telephone preliminary conf set 6/26/03 is canceled by Magistrate Judge Sally Shushan (nn) (Entered: 05/29/2003)

May 28, 2003

May 28, 2003

PACER
13

ANSWER by defendant Higbee Company to complaint of intervention by intervenor-plaintiff Martha Ann Cordell [9-1] (nn) (Entered: 06/02/2003)

June 2, 2003

June 2, 2003

PACER
14

NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 3:00 7/29/03 by Clerk (nn) (Entered: 06/10/2003)

June 10, 2003

June 10, 2003

PACER
15

Motion by pla EEOC and ORDER withdrawing attys Jeffrey Tobias Agular & Erania Ebron for EEOC and substituting attys Michelle T. Butler, & Nancy Eleanor Graham as counsel of rec by Judge Martin L. Feldman Date Signed: 6/24/03 (ca) (Entered: 06/24/2003)

June 18, 2003

June 18, 2003

PACER
16

Motion by defendant Higbee Company and ORDER for attorney Frederick J. Lewis to appear pro hac vice for same by Judge Martin L. Feldman Date Signed: 7/9/03 (nn) (Entered: 07/16/2003)

July 3, 2003

July 3, 2003

PACER
17

Motion by defendant Higbee Company and ORDER for attorney Whitney K. Fogerty to appear pro hac vice for same by Judge Martin L. Feldman Date Signed: 7/9/03 (nn) (Entered: 07/16/2003)

July 3, 2003

July 3, 2003

PACER
18

Statement of Corporate Disclosure filed by defendant Higbee Company (ca) (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

PACER
19

MINUTE ENTRY ( 7/28/03): Preliminary Conference held; amendments due 8/28/03 ; pretrial conf set 1:30 4/15/04 ; jury trial set 9:00 4/26/04 ; by Judge Martin L. Feldman (nn) (Entered: 08/08/2003)

Aug. 8, 2003

Aug. 8, 2003

PACER
20

MOTION by plaintiff EEOC for protective order referred to Magistrate Judge Sally Shushan to be heard before mag at 9:00 10/15/03 w/out oral argument (nn) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

PACER
21

Memo in opposition by defendant Higbee Company to motion for protective order [20-1] filed by plaintiff EEOC (nn) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

PACER
22

Statement for Oral Argument by defendant Higbee Company regarding motion for protective order [20-1] by plaintiff EEOC (nn) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

PACER
23

MINUTE ENTRY ( 10/8/03 ) ORDER denying dft's req for oral argument on pla's mtn for a protective order [22-1] by Magistrate Judge Sally Shushan (nn) (Entered: 10/09/2003)

Oct. 8, 2003

Oct. 8, 2003

PACER
24

MINUTE ENTRY ( 10/16/03 ) ORDERED that the plaintiff's motion for protective order [20-1] is DENIED by Magistrate Judge Sally Shushan (ca) Modified on 01/05/2004 (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

PACER
25

PROTECTIVE ORDER governing production and exchange of confidential information by Magistrate Judge Sally Shushan Date Signed: 11/13/03 (nn) (Entered: 11/13/2003)

Nov. 12, 2003

Nov. 12, 2003

PACER
26

Notice of Deposition by plaintiff EEOC of Linda Sholtis on 12/17/03 (ca) (Entered: 11/24/2003)

Nov. 21, 2003

Nov. 21, 2003

PACER
27

Notice of Deposition by plaintiff EEOC of Lynette Lemoine on 12/17/03 (ca) (Entered: 11/24/2003)

Nov. 21, 2003

Nov. 21, 2003

PACER
28

USM'S RETURN OF SERVICE of subp to Lynette Lemoine svd 12/3/03 (nn) Modified on 12/09/2003 (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

PACER
29

USM'S RETURN OF SERVICE of subp to Linda Sholtis svd 12/5/03 (nn) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

PACER
32

Motion by plaintiff EEOC and ORDER dismissing cmp w/prej, each pty to bear own costs and atty's fees; the cmp in intervention of Martha Ann Cordell is preserved by Judge Martin L. Feldman Date Signed: 12/22/03 (nn) (Entered: 12/24/2003)

Dec. 17, 2003

Dec. 17, 2003

RECAP
30

Notice of Deposition by intervenor-plaintiff Martha Ann Cordell of Lynette Lemoine on 1/20/04 (nn) (Entered: 12/22/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER
31

Notice of Deposition by intervenor-plaintiff Martha Ann Cordell of Linda Shultis on 1/20/04 (nn) (Entered: 12/22/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER
33

RETURN OF SERVICE of subp to Lynette Lemoine svd 12/31/03 (nn) (Entered: 01/06/2004)

Jan. 6, 2004

Jan. 6, 2004

PACER
34

Exhibit list by intervenor-plaintiff Martha Ann Cordell (nn) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

PACER
35

Witness list submitted by intervenor-plaintiff Martha Ann Cordell (nn) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

PACER
36

Pretrial Disclosure of Witness submitted by defendant Higbee Company (nn) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

PACER
37

Pretrial disclosure of Exhibits by defendant Higbee Company (nn) (Entered: 02/18/2004)

Feb. 17, 2004

Feb. 17, 2004

PACER
38

Objections by defendant Higbee Company to pla's witness & exhibit lists (lg) (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

PACER
40

Notice of Deposition by intervenor-plaintiff Martha Ann Cordell of Sharon Fischer on 03/09/04 (crc) (Entered: 03/03/2004)

March 2, 2004

March 2, 2004

PACER
41

Notice of Deposition by intervenor-plaintiff Martha Ann Cordell of Hazel Bennett on 3/10/04 (nn) (Entered: 03/03/2004)

March 2, 2004

March 2, 2004

PACER
39

MINUTE ENTRY ( 3/2/04 ): a settlement conference is scheduled before magistrate at 9:00 3/23/04 ; settlement letters due by 3/16/04 by Magistrate Judge Sally Shushan (nn) (Entered: 03/03/2004)

March 3, 2004

March 3, 2004

PACER
42

Objections by intervenor-plaintiff Martha Ann Cordell to dft's witness & exhibit lists [37-1], [36-1] (lg) (Entered: 03/15/2004)

March 15, 2004

March 15, 2004

PACER
43

Amended Exhibit list by intervenor-plaintiff Martha Ann Cordell & ORDER allowing same to be filed by Kurt D. Engelhardt date signed 3/16/04 (nn) (Entered: 03/18/2004)

March 15, 2004

March 15, 2004

PACER
44

Amended Witness list submitted by intervenor-plaintiff Martha Ann Cordell & ORDER allowing same to be filed by Judge Kurt D. Engelhardt dte signed 3/16/04 (nn) (Entered: 03/18/2004)

March 15, 2004

March 15, 2004

PACER
45

MINUTE ENTRY ( 3/23/04 ) Settlement conference was held this date; following discussions among the parties, the case has settled by Magistrate Judge Sally Shushan (nn) (Entered: 03/24/2004)

March 24, 2004

March 24, 2004

PACER
46

ORDER to dismiss case w/out costs & w/out costs by Judge Martin L. Feldman Date Signed: 3/24/04 (CLOSED) (nn) (Entered: 03/25/2004)

March 24, 2004

March 24, 2004

RECAP

Case Details

State / Territory: Louisiana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 5, 2003

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Higbee Company (Hammond, LA), Private Entity/Person

Higbee Company, Private Entity/Person

Case Details

Causes of Action:

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

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Issues

Discrimination-area:

Disparate Impact

Disparate Treatment

Demotion

Discrimination-basis:

Age discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit