Case: EEOC v. SEARS, ROEBUCK & CO.

1:01-cv-00833 | U.S. District Court for the Middle District of North Carolina

Filed Date: Sept. 5, 2001

Closed Date: Dec. 17, 2002

Clearinghouse coding complete

Case Summary

In September 2001, the Charlotte Office of the EEOC filed this lawsuit against Sears, Roebuck and Co. in the U.S. District Court for the Middle District of North Carolina. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. Following some discovery and mediation, the parties settled the lawsuit in January 2003 through a consent decree. We do not have a copy of the consent decree; therefore, the exact remedies involved are unknown. However, it appears from the docket that the one year decree, containing anti-discrimination and retaliation language, required the defendant to continue its training program and pay the complaining party $20,000.

Summary Authors

David Friedman (1/31/2008)

Documents in the Clearinghouse

Document

1:01-cv-00833

Docket (PACER)

EEOC v. Sears, Roebuck

Jan. 14, 2003

Jan. 14, 2003

Docket
33

1:01-cv-00833

Order of Dismissal with Prejudice

EEOC v. Sears, Roebuck

Jan. 14, 2003

Jan. 14, 2003

Order/Opinion

Resources

Docket

Last updated March 21, 2024, 3 a.m.

ECF Number Description Date Link Date / Link

**Case assigned to Magistrate Judge DIXON. AO Code 18RA (fe) (Entered: 09/06/2001)

Sept. 5, 2001

Sept. 5, 2001

Notice of Right to Consent 28 USC 636(c)(2) (fe) (Entered: 09/06/2001)

Sept. 5, 2001

Sept. 5, 2001

CASE SELECTED FOR MEDIATION (fe) (Entered: 09/06/2001)

Sept. 5, 2001

Sept. 5, 2001

2

MOTION by SEARS, ROEBUCK to Extend Time to and including 11/1/01 in which to respond to Plaintiff's Complaint. (with consent) (fe) (Entered: 10/02/2001)

Oct. 2, 2001

Oct. 2, 2001

3

ORDER (signed by the clerk) granting [2-1] motion to Extend Time to and including 11/1/01 in which to respond to Plaintiff's Complaint. Setting Answer deadline to 11/1/01 for SEARS, ROEBUCK Ccs. Dist. [EOD Date 10/4/01] (fe) (Entered: 10/04/2001)

Oct. 4, 2001

Oct. 4, 2001

4

ANSWER to Complaint by SEARS, ROEBUCK. (fe) (Entered: 11/01/2001)

Nov. 1, 2001

Nov. 1, 2001

CASE AT ISSUE (fe) (Entered: 11/01/2001)

Nov. 1, 2001

Nov. 1, 2001

5

MOTION, with attachments, to Intervene as a party plaintiff by PATRICIA ROBERTS (K. Mckenzie) Modified on 11/08/2001 (Entered: 11/08/2001)

Nov. 7, 2001

Nov. 7, 2001

6

NOTICE of Hearing: set Initial Pretrial Conference for 9:30 12/19/01 in COURTROOM DURHAM (2ND FLOOR) ( before MAG/JUDGE WALLACE W. DIXON ). Ccs. dist. (W. Williamson) Modified on 11/08/2001 (Entered: 11/08/2001)

Nov. 8, 2001

Nov. 8, 2001

Motion submission: [5-1] motion to Intervene as a party plaintiff by PATRICIA ROBERTS submitted to Judge Bullock (D. Mccarty) (Entered: 12/05/2001)

Dec. 5, 2001

Dec. 5, 2001

CASE REFERRED to Mag/Jud Dixon re: proposed Joint Rule 26(f) Report. (W. Williamson) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

CASE NO LONGER REFERRED to Mag/Jud. (K. Mckenzie) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

7

ORDER granting [5-1] motion to Intervene as a party plaintiff by PATRICIA ROBERTS; Patricia Roberts is hereby joined as a party plaintiff (signed by JUDGE FRANK W. BULLOCK JR.) [EOD Date 12/10/01]. Copies distributed. (K. Mckenzie) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

8

Joint Rule 26(f) Report and Order setting Discovery cutoff 6/30/02; Notice of Intent to file Dsp. Motions due by 7/10/02; Complex Case Management Track; Mediation should be conducted later in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be M. Ann Anderson; Plaintiff and Intervenor should be allowed until 1/31/02, to request leave to join additional parties or amend pleadings; Defendant should be allowed until 3/3/02, to request leave to join additional parties or amend pleadings; The parties do not consent to trial by a Magistrate Judge; JURY DEMAND; (signed by MAG/JUDGE WALLACE W. DIXON) ETT 4d [EOD Date 12/19/01] Ccs. Dist. (fe) (Entered: 12/19/2001)

Dec. 18, 2001

Dec. 18, 2001

Complex Case (fe) (Entered: 12/19/2001)

Dec. 18, 2001

Dec. 18, 2001

Mediation Hearing set for no later than 6/30/02. (fe) (Entered: 01/23/2002)

Dec. 18, 2001

Dec. 18, 2001

CASE AT ISSUE (L. Simmonds) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

10

ORDER Appointing Mediator M. Ann Anderson (signed by Clerk). [EOD Date 1/23/02] (fe) (Entered: 01/23/2002)

Jan. 23, 2002

Jan. 23, 2002

11

NOTICE of Hearing: set Jury Trial for 9:30 1/6/03 in UNASSIGNED COURTROOM , set Brief deadline to 12/17/02 () (D. Mccarty) (Entered: 02/01/2002)

Jan. 31, 2002

Jan. 31, 2002

Proposed consent protective order sent to magistrate. (D. Mccarty) (Entered: 02/20/2002)

Feb. 20, 2002

Feb. 20, 2002

12

CONSENT PROTECTIVE ORDER ( signed by MAG/JUDGE WALLACE W. DIXON ) re: Confidential documents [EOD Date 2/27/02] (J. Wilson) (Entered: 02/27/2002)

Feb. 26, 2002

Feb. 26, 2002

13

NOTICE of Withdrawal of Counsel, David S. Yuen, by EEOC (K. Mckenzie) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

14

NOTICE of Attorney Appearance for EEOC by Kirk J. Angel (K. Mckenzie) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

15

MOTION by EEOC to Extend the discovery and mediation deadline for sixty (60) days, from 6/30/02 up to and including 8/30/02 ; complete agreement could not be reached among all counsel regarding this request (K. Mckenzie) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

16

MEMORANDUM by EEOC in support of [15-1] motion to Extend the discovery and mediation deadline for sixty (60) days, from 6/30/02 up to and including 8/30/02 (K. Mckenzie) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

Motion(s) referred: [15-1] motion to Extend the discovery and mediation deadline for sixty (60) days, from 6/30/02 up to and including 8/30/02 referred to MAG/JUDGE WALLACE W. DIXON (D. Mccarty) (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

17

ORDER granting Plaintiff EEOC's [15-1] motion to Extend the discovery and mediation deadline; the deadline to complete discovery and mediation is extended up to and including 8/30/02; reset Discovery deadline to 8/30/02 (signed by MAG/JUDGE WALLACE W. DIXON) [EOD Date 7/5/02]. Copies distributed. (K. Mckenzie) Modified on 07/05/2002 (Entered: 07/05/2002)

July 3, 2002

July 3, 2002

18

SUPPLEMENT, with Exhibit, to Motion for an Extension of the Discovery and Mediation Deadline by EEOC (K. Mckenzie) (Entered: 07/05/2002)

July 3, 2002

July 3, 2002

Mediation Hearing set for no later than 8/30/2002. (fe) (Entered: 08/07/2002)

July 3, 2002

July 3, 2002

CASE REFERRED to Mag/Jud Dixon (D. Mccarty) (Entered: 07/05/2002)

July 5, 2002

July 5, 2002

19

MOTION by EEOC to Compel Sears Roebuck & Co. to provide Social Security Numbers of the individuals identified in Deft.'s answer to interrogatory no. 5 . (fe) (Entered: 08/15/2002)

Aug. 15, 2002

Aug. 15, 2002

21

AFFIDAVIT of Kirk J. Angel by EEOC Re: [19-1] motion to Compel Sears Roebuck & Co. to provide Social Security Numbers of the individuals identified in Deft.'s answer to interrogatory no. 5 by EEOC (fe) (Entered: 08/15/2002)

Aug. 15, 2002

Aug. 15, 2002

22

Notice of Intent to File Dispositive Motions filed by SEARS, ROEBUCK. Dispositive Motions due by 9/29/02. (K. Mckenzie) (Entered: 09/09/2002)

Sept. 5, 2002

Sept. 5, 2002

23

RESPONSE, with attachments, by SEARS, ROEBUCK to [19-1] motion to Compel Sears Roebuck & Co. to provide Social Security Numbers of the individuals identified in Deft.'s answer to interrogatory no. 5 by EEOC (K. Mckenzie) (Entered: 09/10/2002)

Sept. 6, 2002

Sept. 6, 2002

23

MOTION, with attachments, by SEARS, ROEBUCK for Protective Order as to request for the social security numbers of Defendant's employees (K. Mckenzie) (Entered: 09/10/2002)

Sept. 6, 2002

Sept. 6, 2002

Mediation Hearing held 9/13/02 (J. Wilson) (Entered: 10/01/2002)

Sept. 17, 2002

Sept. 17, 2002

NOTICE OF SETTLEMENT by Mediator. Stipulation of Dismissal due 10/17/02 (J. Wilson) (Entered: 10/01/2002)

Sept. 17, 2002

Sept. 17, 2002

CASE SETTLED AT MEDIATION (J. Wilson) (Entered: 10/01/2002)

Sept. 17, 2002

Sept. 17, 2002

24

MOTION by SEARS, ROEBUCK to Stay Dispositive Motion Deadline in that parties tentatively reached an agreement to settle this action during mediation ; counsel for the Plaintiff-Intervenor has indicated that he would consent to staying the dispositive motion deadline if the settlement was not finalized by that deadline; the views of plaintiff's counsel are not presently known (K. Mckenzie) (Entered: 10/02/2002)

Sept. 30, 2002

Sept. 30, 2002

Motion(s) referred: [24-1] motion to Stay Dispositive Motion Deadline in that parties tentatively reached an agreement to settle this action during mediation referred to MAG/JUDGE WALLACE W. DIXON (D. Mccarty) (Entered: 10/04/2002)

Oct. 4, 2002

Oct. 4, 2002

25

MOTION and NOTICE, with Exhibit A, by EEOC to Stay all proceedings except those necessary to enforce a settlement agreement pursuant to Local Rule 83.10 (K. Mckenzie) (Entered: 10/09/2002)

Oct. 8, 2002

Oct. 8, 2002

Motion(s) referred: [25-1] motion to Stay all proceedings except those necessary to enforce a settlement agreement referred to MAG/JUDGE WALLACE W. DIXON (W. Williamson) (Entered: 10/09/2002)

Oct. 9, 2002

Oct. 9, 2002

26

ORDER granting Defendant's [24-1] motion to Stay Dispositive Motion Deadline (signed by MAG/JUDGE WALLACE W. DIXON) [EOD Date 10/11/02]. Copies distributed. (K. Mckenzie) (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

27

ORDER granting [25-1] motion to Stay all proceedings except those necessary to enforce a settlement agreement. Signed by MAG/JUDGE WALLACE W. DIXON Ccs dist [EOD Date 10/17/02] (L. Simmonds) (Entered: 10/17/2002)

Oct. 17, 2002

Oct. 17, 2002

TRIAL CALENDAR mailed to parties for session beginning 1/6/03 at Greensboro, NC. (D. Mccarty) (Entered: 11/06/2002)

Nov. 6, 2002

Nov. 6, 2002

Deadline Updated; set Jury Trial for 9:30 1/6/03 in COURTROOM #2 (GSO) before CHIEF JUDGE N. C. TILLEY JR. (D. Mccarty) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

29

MOTION by EEOC for an Order enforcing a settlement agreement entered into by the parties during a mediated settlement conference (K. Mckenzie) (Entered: 11/21/2002)

Nov. 19, 2002

Nov. 19, 2002

30

MEMORANDUM by EEOC in support of [29-1] motion for an Order enforcing a settlement agreement entered into by the parties during a mediated settlement conference (K. Mckenzie) (Entered: 11/21/2002)

Nov. 19, 2002

Nov. 19, 2002

31

DECLARATION of Kirk J. Angel, with Exhibits, by EEOC Re: [29-1] motion for an Order enforcing a settlement agreement entered into by the parties during a mediated settlement conference (K. Mckenzie) (Entered: 11/21/2002)

Nov. 19, 2002

Nov. 19, 2002

CASE REFERRED to Judge Bullock with proposed consent decree. (D. Mccarty) (Entered: 12/13/2002)

Dec. 13, 2002

Dec. 13, 2002

CASE NO LONGER REFERRED to Judge. (K. Mckenzie) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

32

CONSENT DECREE, with Exhibit A, that defendant shall not discriminate or retaliate against any employee or person as set out; defendant shall pay a sum in excess of twenty thousand dollars ($20,000) in settlement of all claims that the Commmission and Ms. Roberts raised, or could have raised, in the complaint(s). The method of payment to Ms. Roberts is addressed in her separate agreement with Sears. Defendant shall continue to provide a training program as set out which shall be completed within sixty (60) days after entry of this Consent Decree by the Court; during the term of this Consent Decree, Defendant shall heed instructions set out; the term of this Consent Decree shall be one (1) year from its entry by the Court; each party shall bear its own costs and attorney's fees; this Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Consent Decree and entry of such further orders as may be necessary or appropriate; the Commission and Patricia Roberts are filing an order dismissing with prejudice this matter simultaneously herewith, and the Commission agrees not to pursue any further claims on the behalf of Ms. Roberts or the unidentified allegedly similarly situated females referred in the complaint (signed by JUDGE FRANK W. BULLOCK JR.) [EOD Date 12/18/02]. Copies distributed. (K. Mckenzie) Modified on 12/19/2002 (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

CASE CLOSED. Closing Code 8e (K. Mckenzie) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

CASE REFERRED to Judge Bullock (D. Mccarty) (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

CASE NO LONGER REFERRED to Judge. (K. Mckenzie) (Entered: 01/15/2003)

Jan. 14, 2003

Jan. 14, 2003

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 5, 2001

Closing Date: Dec. 17, 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: Unknown

Class Action Outcome: Unknown

Defendants

Sears, Roebuck and Co., Private Entity/Person

Case Details

Available Documents:

Trial Court Docket

Any published opinion

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: 20000

Order Duration: 2002 - 2003

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit