Case: EEOC v. KMART CORPORATION

1:99-cv-01906 | U.S. District Court for the District of Colorado

Filed Date: Sept. 30, 1999

Closed Date: Dec. 20, 2001

Clearinghouse coding complete

Case Summary

The EEOC's Denver office filed this suit on September 30, 1999 in the U.S. District Court for the District of Colorado, Denver Division. The parties attended a settlement conference on February 9, 2001 while proceeding with pre-trial activity. On November 19, 2001 the court directed the parties to adjust the proposed consent decree to meet the court's specifications. The consent decree was entered on December 20, 2001. Neither the complaint nor the consent decree was available on PACER, therefore it is impossible to provide information about the violations alleged or relief obtained.

Summary Authors

William Burns (8/17/2007)

Documents in the Clearinghouse

Document

1:99-cv-01906

Docket (PACER)

EEOC v. KMart Corporation

Dec. 20, 2001

Dec. 20, 2001

Docket

Resources

Docket

Last updated April 6, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

2

AMENDED COMPLAINT [1-1]; jury demand (former empl) (Entered: 10/04/1999)

Oct. 1, 1999

Oct. 1, 1999

3

Certificate of Service (Compliance) by plaintiff re: LR 72.6 (former empl) (Entered: 10/25/1999)

Oct. 22, 1999

Oct. 22, 1999

4

Unopposed MOTION by defendant to extend time to 12/27/99 to answer (former empl) (Entered: 12/07/1999)

Dec. 6, 1999

Dec. 6, 1999

5

MINUTE ORDER by Judge John L. Kane granting motion to extend time to 12/27/99 to answer [4-1] (cc: all counsel) entry date : 12/8/99 (former empl) (Entered: 12/08/1999)

Dec. 7, 1999

Dec. 7, 1999

6

WAIVER OF SERVICE of Summons and Complaint by defendant KMart Corporation on 10/5/99 (former empl) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

7

ANSWER & Affirmative Defenses by defendant to Amd complaint [2-1]; jury demand (gms) (Entered: 12/28/1999)

Dec. 27, 1999

Dec. 27, 1999

8

ORDER FOR RULE 16 CONFERENCE by Judge John L. Kane ; Rule 16 conference set for 11:30 2/15/00 (cc: all counsel) (lam) (Entered: 12/29/1999)

Dec. 28, 1999

Dec. 28, 1999

9

SCHEDULING & Discovery ORDER Judge John L. Kane discovery cutoff 9/30/00; dispositive motions due 10/30/00 (cc: all (former empl) (Entered: 02/17/2000)

Feb. 15, 2000

Feb. 15, 2000

10

COURTROOM MINUTES OF SCHED CONF by Judge John L. Kane rule 16 conf held on 2/15/00 ; sched order accepted; briefing sched set; entry date : 2/18/00 Court Reporter: Janet Morrissey (former empl) (Entered: 02/18/2000)

Feb. 15, 2000

Feb. 15, 2000

11

Unopposed MOTION by defendant to extend time to 5/15/00 to respond to 1st set of interrogs, requests for admission & production (former empl) (Entered: 05/09/2000)

May 8, 2000

May 8, 2000

12

MINUTE ORDER : by Judge John L. Kane granting deft's motion to extend time to 5/15/00 to respond to 1st set of interrogs, requests for admission & production [11-1] (cc: all counsel) ; entry date : 5/12/00 (gms) (Entered: 05/12/2000)

May 10, 2000

May 10, 2000

13

MOTION by defendant to sever and bifurcate with citations of authority (former empl) (Entered: 09/21/2000)

Sept. 20, 2000

Sept. 20, 2000

14

MINUTE ORDER : by Judge John L. Kane regarding [13-1] motion to sever and bifurcate Pla shall file an answer brief by 10/10/00. Pla (sic) shall file a reply by 10/20/00. (cc: all counsel) ; entry date : 9/22/00 (former empl) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

16

MOTION by plaintiff, defendant to amend schedule order [9-1] (former empl) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

17

MINUTE ORDER : by Judge John L. Kane granting dft's unopposed motion for extension of time to respond to pla's 2nd set of interrogs, requests for admission and requests for prod of docs to 10/2/00 [15-1] (cc: all counsel) ; entry date : 10/2/00 (former empl) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

18

MINUTE ORDER : by Judge John L. Kane granting joint motion to amend schedule order [9-1] [16-1] (cc: all counsel) ; entry date : 10/3/00 (former empl) (Entered: 10/03/2000)

Oct. 2, 2000

Oct. 2, 2000

19

Answer Brief (RESPONSE) by plaintiff to motion to sever and bifurcate [13-1] (former empl) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

20

REPLY by defendant to response to motion to sever and bifurcate [13-1] (former empl) (Entered: 10/23/2000)

Oct. 20, 2000

Oct. 20, 2000

21

MINUTE ORDER : by Judge John L. Kane denying motion to sever and bifurcate [13-1] (cc: all counsel) ; entry date : 10/26/00 (former empl) (Entered: 10/26/2000)

Oct. 25, 2000

Oct. 25, 2000

22

2nd Joint MOTION by plaintiff, defendant to amend schedule order [9-1] (former empl) (Entered: 10/31/2000)

Oct. 30, 2000

Oct. 30, 2000

23

MOTION by plaintiff to compel dft to fully respond to pla's 1st and 2nd set of interrogs adn prod of docs , for order to determine sufficiency of dft's objs to pla's req for admissions , for sanctions (former empl) (Entered: 10/31/2000)

Oct. 30, 2000

Oct. 30, 2000

24

Memorandum of Law (BRIEF) by plaintiff in support of motion to compel dft to fully respond to pla's 1st and 2nd set of interrogs adn prod of docs [23-1], motion for order to determine sufficiency of dft's objs to pla's req for admissions [23-2], motion for sanctions [23-3] (former empl) (Entered: 10/31/2000)

Oct. 30, 2000

Oct. 30, 2000

25

AFFIDAVIT of Evangelina Fierro Hernandez re: motion to compel dft to fully respond to pla's 1st and 2nd set of interrogs adn prod of docs [23-1], re: motion for order to determine sufficiency of dft's objs to pla's req for admissions [23-2], re: motion for sanctions [23-3] (former empl) (Entered: 10/31/2000)

Oct. 30, 2000

Oct. 30, 2000

26

MINUTE ORDER : by Judge John L. Kane granting joint motion to amend schedule order [9-1] [22-1] ; discovery ddl set 10/30/00 ; disp mtn ddl set 11/13/00 (cc: all counsel) ; entry date : 11/1/00 (former empl) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

27

MINUTE ORDER : by Judge John L. Kane setting hearing on motion to compel dft to fully respond to pla's 1st and 2nd set of interrogs adn prod of docs [23-1] 11:00 11/13/00, setting hearing on motion for order to determine sufficiency of dft's objs to pla's req for admissions [23-2] 11:00 11/13/00, setting hearing on motion for sanctions [23-3] 11:00 11/13/00 (cc: all counsel) ; entry date : 11/1/00 (former empl) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

29

Unopposed MOTION by defendant to request referral to magistrate judge for settlement purposes (former empl) (Entered: 11/20/2000)

Nov. 17, 2000

Nov. 17, 2000

30

ORDER stlmt referred to Magistrate Judge Boyd N. Boland by Judge John L. Kane; GRANTING plfs motion to req referral to mag judge (cc: to counsel) (former empl) (Entered: 11/24/2000)

Nov. 22, 2000

Nov. 22, 2000

31

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf set for 10:00 12/15/00 (cc: all counsel) ; entry date : 12/1/00 (former empl) (Entered: 12/01/2000)

Nov. 30, 2000

Nov. 30, 2000

32

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf reset for 1:30 2/8/01 (cc: all counsel) ; entry date : 12/14/00 (former empl) (Entered: 12/14/2000)

Dec. 13, 2000

Dec. 13, 2000

33

MEMORANDUM by Magistrate Judge Boyd N. Boland ; settlement conf held 2/8/01 (former empl) (Entered: 02/12/2001)

Feb. 9, 2001

Feb. 9, 2001

34

MINUTE ORDER : by Judge John L. Kane ; pretrial conf set for 10:00 4/30/01 (cc: all counsel) ; entry date : 3/20/01 (former empl) (Entered: 03/20/2001)

March 19, 2001

March 19, 2001

35

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf set for 3:30 5/30/01 (cc: all counsel) ; entry date : 4/4/01 (former empl) (Entered: 04/04/2001)

April 3, 2001

April 3, 2001

Tendered Jury Instructions submitted by plaintiff, defendant (Original and copy routed to chambers) (former empl) (Entered: 04/27/2001)

April 26, 2001

April 26, 2001

Tendered Proposed Jury Instruction & Verdict Form with corrected point font submitted by plaintiff, defendant (former empl) (Entered: 04/30/2001)

April 27, 2001

April 27, 2001

36

COURTROOM MINUTES by Judge John L. Kane four day jury trial set for 7/30/01 ; Trial prep conference set for 10:00 7/19/01 and Mr. Gutierrez renews dft's Motion to Bifurcate and Sever - Motion DENIED; entry date : 4/30/01 Court Reporter: Gwen Daniel (former empl) (Entered: 04/30/2001)

April 30, 2001

April 30, 2001

37

Final PRE-TRIAL ORDER by Judge John L. Kane ptc held on 4/30/01 Trial prep conference set for 10:00 7/19/01 ; jury trial set 9:00 7/30/01 (cc: all counsel) (former empl) Modified on 04/30/2001 (Entered: 04/30/2001)

April 30, 2001

April 30, 2001

38

Unopposed MOTION by defendant to Vacate and Reschedule Trial Date (former empl) (Entered: 05/09/2001)

May 8, 2001

May 8, 2001

39

ORDER by Judge John L. Kane granting motion to Vacate and Reschedule Trial Date [38-1] jury trial set for 5/9/01 is rescheduled for 9:00 8/14/01 ; Trial prep conference set for 5/9/01 is rescheduled for 10:00 8/9/01 (cc: all counsel) ; entry date : 5/10/01 (former empl) (Entered: 05/10/2001)

May 9, 2001

May 9, 2001

40

MOTION by defendant in limine RE: Alleged Remarks of Dan Parillo and Ray Hulin (former empl) (Entered: 05/16/2001)

May 15, 2001

May 15, 2001

42

AMENDED MOTION by defendant in limine RE: Alleged Remarks of Dan Parillo and Ray Hulin (former empl) (Entered: 05/18/2001)

May 16, 2001

May 16, 2001

43

MINUTE ORDER : by Judge John L. Kane denying for failure to comply w/D.C.COLO.LR 7.1A motion in limine RE: Alleged Remarks of Dan Parillo and Ray Hulin [40-1] and denying for failure to comply w/LR 7.1A and ON IT MERITS motion in limine RE: Certain Non-Racial Comments [41-1] (cc: all counsel) ; entry date : 5/18/01 (former empl) (Entered: 05/18/2001)

May 17, 2001

May 17, 2001

44

MOTION by defendant in limine RE: Its Written Secual Harrassment Policy (former empl) (Entered: 05/18/2001)

May 17, 2001

May 17, 2001

45

MOTION by plaintiff in limine to Exclude Testimony and Exhibits of Disciplinary Actions Against Jorge Franco or of Alleged Threats Made by Franco to Another Employee as Irrelevant, Improper Character Evidence and Unfarily Prejudicial (former empl) (Entered: 05/18/2001)

May 18, 2001

May 18, 2001

46

MINUTE ORDER : by Judge John L. Kane denying motion in limine RE: Alleged Remarks of Dan Parillo and Ray Hulin [42-1] for failure to comply with D.C.COLO.LR 7.1A (cc: all counsel) ; entry date : 5/21/01 (former empl) (Entered: 05/21/2001)

May 18, 2001

May 18, 2001

47

MOTION by plaintiff in limine to Exclude Testimony & Exhibits of Disciplinary Actions Against Jorge Franco or of Alleged Threats Made by Franco to Another Employee as Irrelevant, Improper Character Evidence and Unfarily Prejudicial (former empl) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

48

SECOND AMENDED MOTION by defendant in limine RE: Alleged Remarks of Dan Parillo and Ray Hulin (former empl) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

49

MOTION by defendant in limine with Respect to Certain Non-Hispanic Remarks Allegedly Directed at Jorge Franco (former empl) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

50

MOTION by defendant in limine with Respect to Hispanic Slurs Allegedly Directed at Jorge Franco (former empl) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

51

MOTION by defendant in limine RE: Use of the Word "Boy" (former empl) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

52

AMENDED MOTION by defendant in limine RE: Its Written Sexual Harassment Policy (former empl) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

53

MINUTE ORDER : by Judge John L. Kane regarding [44-1] motion in limine RE: Its Written Secual Harrassment Policy pltf shall respond by 6/1/01. (cc: all counsel) ; entry date : 5/22/01 (former empl) (Entered: 05/22/2001)

May 22, 2001

May 22, 2001

54

MINUTE ORDER : by Judge John L. Kane denying motion in limine to Exclude Testimony and Exhibits of Disciplinary Actions Against Jorge Franco or of Alleged Threats Made by Franco [45-1] (cc: all counsel) ; entry date : 5/22/01 (former empl) (Entered: 05/22/2001)

May 22, 2001

May 22, 2001

56

MOTION by defendant to Allow a Representative of KMart Corp. to Appear at Settlement Conference Via Telephone (former empl) (Entered: 05/25/2001)

May 25, 2001

May 25, 2001

57

MEMORANDUM by Judge John L. Kane referring to Magistrate Judge Boyd N. Boland the motion to Allow a Representative of KMart Corp. to Appear at Settlement Conference Via Telephone [56-1] (former empl) (Entered: 05/29/2001)

May 25, 2001

May 25, 2001

58

MINUTE ORDER : by Magistrate Judge Boyd N. Boland denying motion to Allow a Representative of KMart Corp. to Appear at Settlement Conference Via Telephone [56-1] ; settlement conf reset for 3:30 7/16/01 and vacating 5/30/01 conf (cc: all counsel) ; entry date : 5/30/01 (former empl) (Entered: 05/30/2001)

May 29, 2001

May 29, 2001

59

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; dsm papers/status rpt explaining why dismissal has not been accomplished ddl set for 8/3/01 7/16/01 Settlement Conf is vacated (cc: all counsel) ; entry date 7/17/01 (former empl) (Entered: 07/17/2001)

July 16, 2001

July 16, 2001

60

MOTION by defendant for Enlargement of Time to File Stipulation for Dismissal to 8/17/01 (former empl) (Entered: 08/06/2001)

Aug. 3, 2001

Aug. 3, 2001

61

MEMORANDUM by Judge John L. Kane referring to Magistrate Judge Boyd N. Boland the motion for Enlargement of Time to File Stipulation for Dismissal to 8/17/01 [60-1] (former empl) (Entered: 08/06/2001)

Aug. 6, 2001

Aug. 6, 2001

62

MINUTE ORDER : by Judge John L. Kane ; jury trial vacated 8/6/01 ; Trial prep conference vacated on 8/6/01 due to settlement (cc: all counsel) ; entry date : 8/6/01 (former empl) (Entered: 08/06/2001)

Aug. 6, 2001

Aug. 6, 2001

63

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion for Enlargement of Time to File Stipulation for Dismissal to 8/17/01 [60-1] (cc: all counsel) ; entry date : 8/7/01 (former empl) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

64

LETTER MEMORANDUM by Judge John L. Kane regarding settlement (former empl) (Entered: 10/18/2001)

Oct. 18, 2001

Oct. 18, 2001

65

MINUTE ORDER : by Judge John L. Kane - the parties' consent decree shall be revised in accordance w/the court's 10/18/01 letter to cnsl by 11/30/01 (cc: all counsel) ; entry date : 11/19/01 (former empl) (Entered: 11/19/2001)

Nov. 19, 2001

Nov. 19, 2001

66

CONSENT DECREE by Judge John L. Kane (cc: all counsel) ; entry date : 12/21/01 (former empl) (Entered: 12/21/2001)

Dec. 20, 2001

Dec. 20, 2001

Case Details

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: Dec. 20, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more 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

KMart Corporation, Private Entity/Person

Case Details

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits