Case: EEOC v. SEARS LOGISTICS SERVICES

3:01-cv-01588 | U.S. District Court for the Northern District of Texas

Filed Date: Aug. 15, 2001

Closed Date: 2002

Clearinghouse coding complete

Case Summary

The EEOC's Dallas district office sued Sears Logistics Services, Inc. on August 15, 2001 in the U.S. District Court for the Northern District of Texas. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex(female) by creating a hostile work environment for the intervenors, who intervened in August 2001, and retaliated against one of the intervenors for her complaint by firing her. The parties entered into a consent decree on November 4, 2002, which stipulated that the defendant would pay the intervenors $98,000 in damages, costs and fees; provide the intervenors with neutral references; post and distribute a notice of compliance with Title VII; provide Title VII training to its managers and employees; provide for semiannual evaluations of supervisors and managers; and ensure appropriate disciplinary action is taken against discriminating employees.

Summary Authors

Aaron Weismann (7/23/2007)

Documents in the Clearinghouse

Document

3:01-cv-01588

Docket

EEOC v. Sears Logistic Services, Inc.

July 7, 2006

July 7, 2006

Docket
1

3:01-cv-01588

Complaint

EEOC v. Sears Logistics Services

Aug. 15, 2001

Aug. 15, 2001

Complaint
6

3:01-cv-01588

Plaintiffs' (Interveners') Original Complaint

EEOC v. Sears Logistics Services

Aug. 23, 2001

Aug. 23, 2001

Complaint
25

3:01-cv-01588

Order

EEOC and Asharri Burch, Andrea Ferguson, Linda Ferguson, and Catrina Garrett v. Sears Logistics Services, Inc.

March 12, 2002

March 12, 2002

Order/Opinion
47

3:01-cv-01588

Consent Decree

EEOC v. Sears Logistics Services

Nov. 4, 2002

Nov. 4, 2002

Settlement Agreement

Resources

Docket

Last updated Jan. 24, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Govt - no fee (5) (jyg) (Entered: 08/17/2001)

Aug. 15, 2001

Aug. 15, 2001

Clearinghouse
2

SUMMONS(ES) issued for defendant Sears Logistics Svc (Iss 1) (jyg) (Entered: 08/17/2001)

Aug. 15, 2001

Aug. 15, 2001

PRELIMINARY ASSIGNMENT TO Magistrate Judge Paul Stickney (jyg) (Entered: 08/17/2001)

Aug. 15, 2001

Aug. 15, 2001

3

ORDER...no later than 20 days after this order is filed, pla must comply with Rule 3.1(f) so that the court can ensure that recusal is not required in this case. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 8/21/01 Page(s) 1 (jyg) (Entered: 08/21/2001)

Aug. 20, 2001

Aug. 20, 2001

4

Unopposed MOTION for leave to intervene by movant Andrea Ferguson, movant Asharri Burch, movant Linda Ferguson, movant Catrina Garrett (8)O&C of Interveners' complaint) (jyg) (Entered: 08/24/2001)

Aug. 23, 2001

Aug. 23, 2001

5

ORDER granting [4-1] motion for leave to intervene by movant Andrea Ferguson, movant Asharri Burch, movant Linda Ferguson, movant Catrina Garrett ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 8/24/01 Page(s) 1 (djd) (Entered: 08/24/2001)

Aug. 23, 2001

Aug. 23, 2001

6

Intervenor's Original COMPLAINT by Asharri Burch, Andrea Ferguson, Catrina Garrett against defendant Sears Logistics Svc (5) (djd) (Entered:08/24/2001)

Aug. 23, 2001

Aug. 23, 2001

Clearinghouse
7

CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (djd) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

8

CERTIFICATE OF INTERESTED PERSONS by intervenor-plaintiff Linda Ferguson, intervenor-plaintiff Asharri Burch, intervenor-plaintiff Andrea Ferguson, intervenor-plaintiff Catrina Garrett (3) (djd) (Entered: 09/05/2001)

Sept. 4, 2001

Sept. 4, 2001

9

ANSWER to Complaint by defendant Sears Logistics Svc (Attorney Stacy Lancaster Cozad) (4) (djd) Modified on 09/14/2001 (Entered: 09/13/2001)

Sept. 12, 2001

Sept. 12, 2001

Clearinghouse
10

ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 10/15/01 ( signed by Judge Sidney A. Fitzwater) Copies to counsel: 9/17/01 Page(s): 3 (djd) (Entered: 09/17/2001)

Sept. 14, 2001

Sept. 14, 2001

11

ORDER...Accordingly, no later than 20 days after his order is filed, defendant must comply with Rules 7.4 and 3.1(f) so that the court can ensure that recusal is not required in this case. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 9/17/01 Page(s) 2 (djd) Modified on 09/18/2001 (Entered: 09/17/2001)

Sept. 14, 2001

Sept. 14, 2001

12

CERTIFICATE OF INTERESTED PERSONS by defendant Sears Logistics Svc. (2) (jaw) (Entered: 10/05/2001)

Oct. 4, 2001

Oct. 4, 2001

13

Jonit PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff EEOC, defendant Sears Logistics Svc, intervenor-plaintiff Linda Ferguson, intervenor-plaintiff Asharri Burch, intervenor-plaintiff Andrea Ferguson, intervenor-plaintiff Catrina Garrett (6) (djd) (Entered: 10/16/2001)

Oct. 15, 2001

Oct. 15, 2001

14

SCHEDULING ORDER setting Joining of Parties on 3/1/02 ; Amending of Pleadings on 11/1/02 ; Discovery cutoff 11/1/02 ; Deadline for filing of dispositive motions 12/2/02 ; ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/17/01 Page(s): 3 (djd) (Entered: 10/17/2001)

Oct. 16, 2001

Oct. 16, 2001

14

STATUS REPORT ORDER. Status report due on 11/1/02 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/17/01 Page(s): 3 (djd) (Entered: 10/17/2001)

Oct. 16, 2001

Oct. 16, 2001

15

MOTION with memorandum in support by defendant Sears Logistics Svc to compel discovery (15+/exhibits not imaged) (djd) (Entered: 02/01/2002)

Feb. 1, 2002

Feb. 1, 2002

16

ORDER OF REFERENCE: [15-1] motion to compel discovery referred to Magistrate Judge Paul D. Stickney for determination. He may conduct a hearing if he determines that a hearing is necessary. See order for specifics. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 2/5/02 Page(s): 1 (djd) (Entered: 02/05/2002)

Feb. 4, 2002

Feb. 4, 2002

17

ORDER setting hearing: Motion hearing set for 10:00 2/28/02 for [15-1] motion to compel discovery ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 2/7/02 Page(s): 1 (djd) (Entered:02/07/2002)

Feb. 7, 2002

Feb. 7, 2002

18

RESPONSE by plaintiff EEOC in opposition to defendant's [15-1] motion to compel discovery (2) (aat) (Entered: 02/22/2002)

Feb. 21, 2002

Feb. 21, 2002

19

MEMORANDUM by plaintiff EEOC in support of [18-1] response in opposition to defendant's motion to compel (15+) (aat) (Entered: 02/22/2002)

Feb. 21, 2002

Feb. 21, 2002

20

APPENDIX by plaintiff EEOC in support of [19-1] memorandum in support of its response in opposition to defendant's motion to compel (11) (Not imaged) (aat) (Entered: 02/22/2002)

Feb. 21, 2002

Feb. 21, 2002

21

REPLY by defendant Sears Logistics Svc to response to [15-1] motion to compel discovery and brief in support (9) (djd) (Entered: 02/28/2002)

Feb. 27, 2002

Feb. 27, 2002

Motion hearing re: [15-1] motion to compel discovery Motion hearing held (djd) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

22

Minute order: Motion hearing held before Magistrate Judge Paul D. Stickney re: defendant's motion to compel discovery. Court Reporter: Electronic. Order to enter. (djd) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

23

***UNFILED PER 3/11/02 ORDER***MOTION by defendant Sears Logistics Svc for leave to amend original [9-1] answer (10/exhibits not imaged) (djd) Modified on 03/12/2002 (Entered: 03/08/2002)

March 8, 2002

March 8, 2002

24

ORDER unfiling [23-1] motion for leave to amend original [9-1] answer by defendant Sears Logistics Svc due to the following deficiency: A motion for leave to amend must be accompanied by a copy of the proposed amended pleading attached as an exhibit and an original and second copy of the proposed pleading that is neither attached to the motion nor made an exhibit to the motion. See L.R. 15.1. Copies to counsel: 3/12/02 (signed by Judge Sidney A Fitzwater ) Page(s) 1 (djd) (Entered: 03/12/2002)

March 11, 2002

March 11, 2002

25

ORDER granting in part [15-1] motion to compel discovery. See order for specifics. ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 3/13/02 Page(s) 2 (djd) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

Clearinghouse
26

MOTION by defendant Sears Logistics Svc for leave to amend original [9-1] answer (10/exhibit not imaged) (djd) (Entered: 03/13/2002)

March 13, 2002

March 13, 2002

27

ORDER granting [26-1] motion for leave to amend original [9-1] answer and the first amended answer is hereby filed of record as of the signing of this order. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 3/29/02 Page(s) 1 (djd) (Entered: 03/29/2002)

March 28, 2002

March 28, 2002

28

FIRST AMENDED ANSWER to Complaint by defendant Sears Logistics Svc : amends [9-1] answer (5) (djd) (Entered: 03/29/2002)

March 28, 2002

March 28, 2002

Clearinghouse
29

TRIAL SETTING ORDER set docket call for 4/21/03 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 4/4/02 Page(s) 5 (djd) (Entered:04/04/2002)

April 3, 2002

April 3, 2002

30

Notice to the Court by plaintiff EEOC re: in camera inspection of documents (1) (djd) (Entered: 04/15/2002)

April 12, 2002

April 12, 2002

31

Documents Submitted for In Camera Inspection by plaintiff EEOC (4) (djd) (Entered: 04/15/2002)

April 12, 2002

April 12, 2002

32

MOTION by defendant Sears Logistics Svc for separate trials (8) (djd) (Entered: 06/10/2002)

June 7, 2002

June 7, 2002

33

ORDER re: defendant's motion to compel discovery. Plaintiff shall produce to defendant within 10 days of the date of this order the employment records that were produced for the Court's in camera inspection and the medical records for Garrett for the time period during which she claims to have suffered mental anguish, for Burch for the time period during which she claims to have suffered mental anguish, and for Ferguson for the time period during which she claims to have suffered mental anguish. ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 6/24/02 Page(s) 2 (djd) (Entered: 06/24/2002)

June 24, 2002

June 24, 2002

34

RESPONSE IN OPPOSITION by plaintiff EEOC to defendant's [32-1] motion for separate trials (2) (djd) (Entered: 06/28/2002)

June 27, 2002

June 27, 2002

35

Brief/MEMORANDUM by plaintiff EEOC in support of [34-1] response n opposition to defendant's motion for separate trials (9) (djd) (Entered: 06/28/2002)

June 27, 2002

June 27, 2002

36

Designation of Expert Witnesses by defendant Sears Logistics Svc (3) (djd) (Entered: 07/02/2002)

July 1, 2002

July 1, 2002

37

RESPONSE by intervenor-plaintiff Asharri Burch, intervenor-plaintiff Andrea Ferguson, intervenor-plaintiff Linda Ferguson, intervenor- plaintiff Catrina Garrett to [32-1] motion for separate trials (2) (djd) (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

38

REPLY BRIEF by defendant Sears Logistics Svc to plaintiff's and intervenors' responses in opposition to defendant's [32-1] motion for separate trials (15+/exhibits not imaged) (djd) (Entered: 07/15/2002)

July 12, 2002

July 12, 2002

39

ORDER denying without prejudice [32-1] motion for separate trials ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 7/18/02 Page (s) 2 (djd) (Entered: 07/18/2002)

July 17, 2002

July 17, 2002

40

ORDER REASSIGNING CASE/SPECIAL ORDER NO. 3-209 Effective 8/12/02, the cases listed on Exhibit A attached to this Order are transferred from the docket of Honorable Sidney A. Fitzwater to the docket of Honorable David C. Godbey and shall henceforth carry the suffix letter "N". The clerk of court will notify counsel by providing to each counsel a copy of this Order with attached exhibit. (Signed by Chief Judge A. Joe Fish) Copies to counsel: 8/13/02 Page(s) 2 (djd) (Entered: 08/13/2002)

Aug. 12, 2002

Aug. 12, 2002

41

JOINT MOTION to extend discovery and dispositive motion deadlines by plaintiff EEOC, defendant Sears Logistics Svc (4) (aat) (Entered: 08/30/2002)

Aug. 29, 2002

Aug. 29, 2002

42

ORDER granting [41-1] joint motion to extend discovery and dispositive motion deadlines Reset discovery due for 11/29/02. Reset dispositive motion filing deadline for 12/16/02. Reset status report due for 11/29/02. ( Signed by Judge David C. Godbey ) Copies to counsel: 9/4/02 Page(s) 2 (aat) (Entered: 09/04/2002)

Sept. 3, 2002

Sept. 3, 2002

43

ORDER This case is referred to Magistrate Judge Paul D. Stickney for a settlement conference, with a report to filed within 30 days of this date. ( Signed by Judge David C. Godbey ) Copies to counsel: 9/10/02 Page(s) 1 (aat) (Entered: 09/10/2002)

Sept. 9, 2002

Sept. 9, 2002

44

ORDER The settlement conference is set for 10:00 9/19/02. (Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 9/11/02 Page(s) 1 (aat) (Entered: 09/11/2002)

Sept. 11, 2002

Sept. 11, 2002

Settlement conference held. (aat) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

45

Minute order: Settlement conference held before Magistrate Judge Paul D. Stickney. (aat) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

46

AGREED ORDER OF DISMISSAL This case is dismissed with prejudice to refiling. All costs of court are taxed against the party incurring same. ( Signed by Judge David C. Godbey ) Copies to counsel: 10/25/02 Page(s) 2 (aat) (Entered: 10/25/2002)

Oct. 24, 2002

Oct. 24, 2002

Case closed (aat) (Entered: 10/25/2002)

Oct. 24, 2002

Oct. 24, 2002

47

CONSENT DECREE See order for specifics. ( Signed by Judge David C. Godbey ) Copies to counsel: 11/5/02 Page(s) 9 (aat) (Entered: 11/05/2002)

Nov. 4, 2002

Nov. 4, 2002

Clearinghouse

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 15, 2001

Closing Date: 2002

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: No

Class Action Outcome: Not sought

Defendants

Sears Logistics Services, Inc. (Grand Prarie, TX), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 93000

Order Duration: 2002 - 2004

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit