Case: EEOC v. SEARS, ROEBUCK & CO.

EEOC v. Sears, Roebuck & Co.

EEOC v. Sears, Roebuck & Co.

No Court

Equal Employment Opportunity Commission and Carl P. Davenport v. Sears, Roebuck & Co.

Equal Employment Opportunity Commission and Carl P. Davenport v. Sears, Roebuck & Co.

Carly Knight, Frank Dobbin, Alexandra Kalev

**Case assigned to Magistrate Judge ELIASON. AO Code 18AG (K. Welch) (Entered: 06/29/2001)

COMPLAINT; jury demand (K. Welch) (Entered: 06/29/2001)

Notice of Right to Consent 28 USC 636(c)(2) (K. Welch) (Entered: 06/29/2001)

MOTION to Intervene by (Aggrieved Person) CARL P. DAVENPORT pursuant to 42 U.S.C. sec 1217(a) and 42 U.S.C sec 2000e-5(f)(1) (L. Simmonds) (Entered: 08/14/2001)

BRIEF by CARL P. DAVENPORT in support of [2-1] motion to Intervene by (Aggrieved Person) CARL P. DAVENPORT pursuant to 42 U.S.C. sec 1217(a) and 42 U.S.C sec 2000e-5(f)(1) (L. Simmonds) (Entered: 08/14/2001)

CLAIMS OF INTERVENEER by CARL P. DAVENPORT (L. Simmonds) (Entered: 08/14/2001)

UNOPPOSED MOTION by SEARS, ROEBUCK & CO. to Extend Time for twenty (20) days to and including September 20, 2001 to answer or otherwise plead to Plaintiff's Complaint (L. Simmonds) (Entered: 08/29/2001)

ORDER (signed by the Clerk) granting [5-1] motion to Extend Time for twenty (20) days to and including September 20, 2001 to answer or otherwise plead to Plaintiff's Complaint . Reset Answer deadline to 9/20/01 for SEARS, ROEBUCK & CO . Ccs dist [EOD Date 8/30/01] (L. Simmonds) (Entered: 08/30/2001)

MOTION by SEARS, ROEBUCK & CO. to Extend Time for twenty (20) days to and including September 24, 2001 to file a response to Motion to Intervene filed by Carl P. Davenport with consent (L. Simmonds) Modified on 08/30/2001 (Entered: 08/30/2001)

Motion(s) referred: [7-1] motion to Extend Time for twenty (20) days to and including September 24, 2001 to file a response to Motion to Intervene filed by Carl P. Davenport referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 08/31/2001)

ORDER granting [7-1] motion to Extend Time for twenty (20) days to and including September 24, 2001 to file a response to Motion to Intervene filed by Carl P. Davenport, Response to Motion set for 9/24/01 for [2-1] motion to Intervene by (Aggrieved Person) CARL P. DAVENPORT pursuant to 42 U.S.C. sec 1217(a) and 42 U.S.C sec 2000e-5(f)(1) (signed by MAG/JUDGE RUSSELL A. ELIASON) [EOD Date 9/5/01] (fe) (Entered: 09/05/2001)

ANSWER to Complaint by SEARS, ROEBUCK & CO. (Attorney JAMES B. SPEARS JR. and JOHN D. COLE) (fe) (Entered: 09/20/2001)

Motion submission: [2-1] motion to Intervene by (Aggrieved Person) CARL P. DAVENPORT pursuant to 42 U.S.C. sec 1217(a) and 42 U.S.C sec 2000e-5(f)(1) submitted to Judge Bullock (D. Mccarty) (Entered: 10/10/2001)

RESPONSE by defendant SEARS, ROEBUCK & CO. to [8-1] order submitted to the Court on October 4, 2001. (dmm for lks) (L. Simmonds) Modified on 10/18/2001 (Entered: 10/15/2001)

NOTICE of Hearing: set Initial Pretrial Conference for 9:30 11/21/01 in COURTROOM #3 (WSA) ( before MAG/JUDGE RUSSELL A. ELIASON ). Ccs. dist. (W. Williamson) (Entered: 10/19/2001)

ORDER signed JUDGE FRANK W. BULLOCK JR. that CARL P. DAVENPORT be allowed to intervene in this action as a matter of right, and that Claims of Intervener Carl Davenport be filed in this action; and that Davenport be allowed to participate fully in all phases of this action. Ccs dist [EOD Date 10/22/01] (L. Simmonds) (Entered: 10/22/2001)

ANSWER by SEARS, ROEBUCK & CO. to [4-1] Claims of Intervenor Carl Davenport. (fe) (Entered: 11/01/2001)

CASE REFERRED to Mag/Jud Eliason re: proposed Joint Rule 26(f) Report. (W. Williamson) (Entered: 11/08/2001)

Joint Rule 26(f) Report and Order setting Discovery cutoff 6/7/02; Notice of Intent to file Dsp. Motions due by 6/17/02; 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 Jonathan R. Harkavy; The parties shall be allowed until 12/07/01 to join additional parties or to amend pleadings; JURY DEMAND; The parties report that reference of this action to a Magistrate Judge is not appropriate; (signed by MAG/JUDGE RUSSELL A. ELIASON) ETT 4d [EOD Date 11/14/01] Ccs. Dist. (fe) (Entered: 11/14/2001)

Complex Case (fe) (Entered: 11/14/2001)

CASE SELECTED FOR MEDIATION (fe) (Entered: 12/06/2001)

ORDER Appointing Mediator Jonathan R. Harkavy (signed by Clerk). [EOD Date 12/10/01] (J. Wilson) (Entered: 12/10/2001)

Mediation Hearing set for no later than 6/7/02 (J. Wilson) (Entered: 12/14/2001)

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: 01/09/2002)

CASE REFERRED to Mag/Jud Eliason with proposed stipulation and consent order (D. Mccarty) (Entered: 01/31/2002)

CASE NO LONGER REFERRED to Mag/Jud. (L. Simmonds) (Entered: 02/05/2002)

Consent protective order sent to magistrate judge for approval. (D. Mccarty) (Entered: 02/26/2002)

CONSENT PROTECTIVE ORDER ( signed by MAG/JUDGE RUSSELL A. ELIASON ) that Confidential personnel information may be disclosed by Plaintiff's counsel to Plaintiff, to Plaintiff-Intervenor, and to Plaintiff-Intervenor's counsel, but may not be disclosed to any other person except as provided by this Order. Ccs dist [EOD Date 2/28/02] (L. Simmonds) (Entered: 02/28/2002)

JOINT MOTION by EEOC, SEARS, ROEBUCK & CO., CARL P. DAVENPORT to Extend Discovery and Amend [14-1] Joint 26 Report Discovery Plan pursuant to Rule 6(b) (L. Simmonds) (Entered: 03/01/2002)

Motion(s) referred: [19-1] motion to Extend Discovery and Amend [14- 1] Joint 26 Report Discovery Plan pursuant to Rule 6(b) referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 03/01/2002)

ORDER signed by MAG/JUDGE RUSSELL A. ELIASON that the parties [19-1] Joint Motion to Extend Discovery and Amend Joint 26 Report Discovery Plan is denied without prejudice to the parties submitting a motion and order setting out a schedule which has all motions and briefs filed and ready for ruling on or before date. October 11, 2002. Ccs dist [EOD Date 3/6/02] (L. Simmonds) (Entered: 03/06/2002)

JOINT MOTION by EEOC, SEARS, ROEBUCK & CO. and CARL P. DAVENPORT to Extend Discovery and Amend Discovery Plan (fe) (Entered: 04/01/2002)

Motion(s) referred: [21-1] joint motion to Extend Discovery and Amend Discovery Plan referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 04/02/2002)

ORDER signed by MAG/JUDGE RUSSELL A. ELIASON that the date for completion for all discovery is July 31, 2002. Reports from retained experts under Rule 26(a)(2) shall be due from Plaintiff and Plaintiff- Intervenor by May 15, 2002. Reports from retained experts under Rule 26(a)(2) shall be due from Defendant by June 15, 2002. Discovery shall include 11 fact witness depositions for Defendant (absent agreement by all of the parties or leave of court). Dispositive motions shall be due by August 30, 2002 . Reset Discovery deadline to 7/31/02 , Dispositive motions due 8/30/02 . Ccs dist [EOD Date 4/4/02] (L. Simmonds) (Entered: 04/04/2002)

Mediation Hearing set for no later than 7/31/2002. (fe) (Entered: 04/10/2002)

MOTION by EEOC to Compel Defendant's Discovery Responses with Certification pursuant to Rule 26.1(c) (L. Simmonds) (Entered: 05/21/2002)

MEMORANDUM by EEOC in support of [23-1] motion to Compel Defendant's Discovery Responses by EEOC (L. Simmonds) (Entered: 05/21/2002)

MOTION by SEARS, ROEBUCK & CO. for Protective Order (L. Simmonds) (Entered: 05/21/2002)

MEMORANDUM IN OPPOSITION by EEOC to [25-1] motion for Protective Order by SEARS, ROEBUCK & CO. (J. Wilson) (Entered: 06/07/2002)

MOTION by SEARS, ROEBUCK & CO. to Extend Time until 6/21/02 to file response to EEOC's Motion to Compel Discovery . With consent. (C. Gammon) (Entered: 06/10/2002)

Motion(s) referred: [27-1] motion to Extend Time until 6/21/02 to file response to EEOC's Motion to Compel Discovery referred to MAG/JUDGE RUSSELL A. ELIASON (R. Winchester) (Entered: 06/11/2002)

ORDER granting [27-1] motion to Extend Time until 6/21/02 to file response to EEOC's Motion to Compel Discovery signed by MAG/JUDGE RUSSELL A. ELIASON [EOD Date 6/13/02] (J. Wilson) (Entered: 06/13/2002)

Mediation Hearing held 6/11/02 (J. Wilson) (Entered: 06/19/2002)

REPLY (with attachment A) by SEARS, ROEBUCK & CO. to response to [25-1] motion for Protective Order by SEARS, ROEBUCK & CO. (fe) (Entered: 06/24/2002)

RESPONSE (with attachments A-B) by SEARS, ROEBUCK & CO. to [23-1] motion to Compel Defendant's Discovery Responses by EEOC (fe) (Entered: 06/24/2002)

MOTION (with attached exhibits A-F) by CARL P. DAVENPORT to Compel defendant Sears, Roebuck & Company to provide discovery pursuant to Rule 37 of the FRCvP . (fe) Modified on 06/26/2002 (Entered: 06/26/2002)

MEMORANDUM by CARL P. DAVENPORT in support of [31-1] motion to Compel defendant Sears, Roebuck & Company to provide discovery pursuant to Rule 37 of the FRCvP by CARL P. DAVENPORT (fe) (Entered: 06/26/2002)

MOTION (with attached original affidavit of John D. Cole) by SEARS, ROEBUCK & CO. to Extend Time to respond to intervenor's interrogatory nos. 10 & 11 . (fe) (Entered: 06/26/2002)

Motion(s) referred: [33-1] motion to Extend Time to respond to intervenor's interrogatory nos. 10 & 11 referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 06/27/2002)

Motion(s) no longer referred: [33-1] motion to Extend Time to respond to intervenor's interrogatory nos. 10 & 11 (D. Mccarty) (Entered: 07/02/2002)

REPLY by EEOC to response to [23-1] motion to Compel Defendant's Discovery Responses by EEOC (fe) (Entered: 07/09/2002)

Motion(s) referred: [23-1] motion to Compel Defendant's Discovery Responses referred to MAG/JUDGE RUSSELL A. ELIASON, [25-1] motion for Protective Order referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 07/09/2002)

MOTION by SEARS, ROEBUCK & CO. to increase the number of fact witness depositions for defendant . Plaintiff's counsel opposes this motion. (fe) (Entered: 07/15/2002)

Motion(s) referred: [35-1] motion to increase the number of fact witness depositions for defendant referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 07/16/2002)

Motion(s) no longer referred: [35-1] motion to increase the number of fact witness depositions for defendant (D. Mccarty) (Entered: 07/18/2002)

MEMORANDUM IN OPPOSITION (with attached exhibits A-C) by EEOC to [35-1] motion to increase the number of fact witness depositions for defendant by SEARS, ROEBUCK & CO. (fe) (Entered: 07/18/2002)

JOINT MOTION by EEOC, CARL P. DAVENPORT for Protective Order pursuant to Rule 26(c)(2) FRCvP . (fe) Modified on 07/19/2002 (Entered: 07/18/2002)

MEMORANDUM (with exhibits A-C) by EEOC, CARL P. DAVENPORT in support of [37-1] joint motion for Protective Order pursuant to Rule 26(c)(2) FRCvP by CARL P. DAVENPORT, EEOC (fe) (Entered: 07/19/2002)

JOINT MOTION by EEOC, CARL P. DAVENPORT for expedited discovery hearing pursuant to Local Rule 26.1 . (fe) (Entered: 07/19/2002)

JOINT MEMORANDUM by EEOC, CARL P. DAVENPORT in support of [39-1] joint motion for expedited discovery hearing pursuant to Local Rule 26.1 by CARL P. DAVENPORT, EEOC (fe) (Entered: 07/19/2002)

RESPONSE by CARL P. DAVENPORT to [35-1] motion to increase the number of fact witness depositions for defendant by SEARS, ROEBUCK & CO. (fe) (Entered: 07/19/2002)

MEMORANDUM by CARL P. DAVENPORT in support of [41-1] motion response by CARL P. DAVENPORT (fe) (Entered: 07/19/2002)

RESPONSE, with attachments, by SEARS, ROEBUCK & CO. to [31-1] motion to Compel defendant Sears, Roebuck & Company to provide discovery pursuant to Rule 37 of the FRCvP by CARL P. DAVENPORT (fe) (Entered: 07/19/2002)

Motion(s) referred: [35-1] motion to increase the number of fact witness depositions for defendant referred to MAG/JUDGE WALLACE W. DIXON (D. Mccarty) (Entered: 07/22/2002)

Motion(s) referred: [37-1] joint motion for Protective Order pursuant to Rule 26(c)(2) FRCvP referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 07/22/2002)

Motion(s) referred: [39-1] joint motion for expedited discovery hearing pursuant to Local Rule 26.1 referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 07/22/2002)

Telephonic Notice to parties setting telephone conference for Wednesday, July 24, 2002, at 10:00 a.m. with Magistrate Judge Eliason (D. Mccarty) (Entered: 07/23/2002)

Telephone Conference scheduled with - MAG/JUDGE RUSSELL A. ELIASON and counsel Re: on 7/24/02 at 10:00 a.m. re motion for expedited hearing. (D. Mccarty) (Entered: 07/23/2002)

MOTION by SEARS, ROEBUCK & CO. to Extend Time for parties to complete depositions for an additional fourteen days to and including 8/14/02. Counsel for EEOC opposes this motion.(fe) Modified on 07/23/2002 (Entered: 07/23/2002)

Motion(s) referred: [44-1] motion to Extend Time for parties to complete depositions referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 07/23/2002)

REPLY by SEARS, ROEBUCK & CO. to response to [35-1] motion to increase the number of fact witness depositions for defendant by SEARS, ROEBUCK & CO. (fe) (Entered: 07/23/2002)

MOTION by EEOC to Compel defendant to produce Sue Menzel for her deposition and to make a designation for plaintiff's 30(b)(6) deposition. (D. Mccarty) (Entered: 07/24/2002)

MEMORANDUM by EEOC in support of [46-1] motion to Compel defendant to produce Sue Menzel for her deposition and to make a designation for plaintiff's 30(b)(6) deposition. by EEOC (D. Mccarty) (Entered: 07/24/2002)

ORDER granting [37-1] joint motion for Protective Order and the parties are directed to take the deposition on or before Aug. 16, 2002 at a time mutually agreeable to all of them, granting in part, denying in part [46-1] motion to Compel defendant to produce Sue Menzel for her deposition and to make a designation for plaintiff's 30(b)(6) deposition. The court directs that the deposition take place on July 26, 2002 at 10:00 a.m., granting [35-1] motion to increase the number of fact witness depositions for defendant, defendant may take the depositions of two individuals as identified at Jul. 24, 2002 telephonic hearing on Aug. 7, 2002 starting at 10:00 a.m., granting in part, denying in part [44-1] motion to Extend Time for parties to complete depositions, the court extended the dispositive motion briefing schedule as follows. All disp. motions must be filed on or before Sept. 10, 2002. Responses are due on or before Oct. 7, 2002. Reply Briefs are due on or before Oct. 15, 2002 IT IS ORDERED signed by MAG/JUDGE RUSSELL A. ELIASON [EOD Date 7/24/02]. Ccs. dist. (W. Williamson) (Entered: 07/24/2002)

ORDER that plaintiff EEOC's and the plaintiff/intervenor Carl Davenport's motions to compel (docket nos. 23 & 31) are granted in part and denied in part as set out in the body of the Order. (signed by MAG/JUDGE RUSSELL A. ELIASON) [EOD Date 8/1/02] Ccs. Dist. (fe) (Entered: 08/01/2002)

ORDER that defendant's motion for a protective order (docket no. 25) is granted in part and denied in part as is specifically set out in the body of the order. Any deposition topic or request for documents not mentioned in the body of the order is not entitled to a protective order. (signed by MAG/JUDGE RUSSELL A. ELIASON) [EOD Date 8/1/02] Ccs. Dist. (fe) (Entered: 08/01/2002)

Notice of Intent to File Dispositive Motions. Dispositive Motions due by 8/30/02. Filed by SEARS, ROEBUCK & CO. (fe) (Entered: 08/09/2002)

Notice of Intent to File Dispositive Motions. Dispositive Motions due by 8/30/02. Filed by EEOC. (fe) (Entered: 08/09/2002)

Notice of Intent to File Dispositive Motions. Dispositive Motions due by 8/30/02. Filed by CARL P. DAVENPORT. (fe) (Entered: 08/12/2002)

JOINT MOTION for Partial Summary Judgment pursuant to Rule 56 of the FRCvP by plaintiff EEOC, movant CARL P. DAVENPORT (fe) (Entered: 09/11/2002)

BRIEF (with Depositions, Exhibits, Affidavits and Deposition Exhibits located in expandable file) by EEOC, CARL P. DAVENPORT in support of [54-1] motion for Partial Summary Judgment pursuant to Rule 56 of the FRCvP by CARL P. DAVENPORT, EEOC (fe) (Entered: 09/11/2002)

STIPULATION of voluntary dismissal with prejudice of intervenor's second and third claims against defendant Sears. (fe) (Entered: 09/11/2002)

MOTION (with attachments A-H located in expandable file) for Summary Judgment pursuant to Rule 56 of the FRCvP by defendant SEARS, ROEBUCK & CO. (fe) (Entered: 09/11/2002)

Motion to Exceed Page Limitation of Brief by four pages by SEARS, ROEBUCK & CO. RE: [57-1] motion for Summary Judgment pursuant to Rule 56 of the FRCvP by SEARS, ROEBUCK & CO. (fe) (Entered: 09/11/2002)

Motion submission: [58-1] motion to Exceed Page Limitation of Brief by four pages submitted to Judge Bullock (D. Mccarty) (Entered: 09/11/2002)

ORDER granting [58-1] motion to Exceed Page Limitation of Brief by four pages. Signed by JUDGE FRANK W. BULLOCK JR. Ccs. dist. [EOD Date 9/12/02] (fe) (Entered: 09/12/2002)

MEMORANDUM (with attachment) by SEARS, ROEBUCK & CO. in support of [57-1] motion for Summary Judgment pursuant to Rule 56 of the FRCvP by SEARS, ROEBUCK & CO. (fe) (Entered: 09/25/2002)

Joint Motion to file four additional pages for Joint Memorandum in Reponse to Defendant's Motion for Summary Judgment by CARL P. DAVENPORT. Cnsl for defendant has not responded consent to this motion (L. Simmonds) Modified on 10/03/2002 (Entered: 10/03/2002)

Motion submission: [61-1] motion to file four additional pages for Joint Memorandum in Reponse to Defendant's Motion for Summary Judgment submitted to Judge Bullock (D. Mccarty) (Entered: 10/04/2002)

ORDER granting [61-1] motion to file four additional pages for Joint Memorandum in Reponse to Defendant's Motion for Summary Judgment. Signed by JUDGE FRANK W. BULLOCK JR. Ccs dist [EOD Date 10/7/02] (L. Simmonds) (Entered: 10/07/2002)

JOINT MOTION by EEOC, CARL P. DAVENPORT to Strike Evidence in support of motion for Summary Judgment by SEARS, ROEBUCK & CO. (L. Simmonds) (Entered: 10/08/2002)

JOINT MEMORANDUM IN RESPONSE by EEOC, CARL P. DAVENPORT to [57-1] motion for Summary Judgment pursuant to Rule 56 of the FRCvP by SEARS, ROEBUCK & CO. (L. Simmonds) (Entered: 10/08/2002)

RESPONSE IN OPPOSITION (with attachments of Depositions, Deposition Exhibits, and Other Exhibits in Support of Pltf's and Intervenor's Response in Opposition located in expandable folder) by EEOC, CARL P. DAVENPORT to [57-1] motion for Summary Judgment pursuant to Rule 56 of the by SEARS, ROEBUCK & CO. (L. Simmonds) Modified on 10/08/2002 (Entered: 10/08/2002)

RESPONSE by SEARS, ROEBUCK & CO. to [54-1] motion for Partial Summary Judgment pursuant to Rule 56 of the FRCvP by CARL P. DAVENPORT, EEOC (L. Simmonds) (Entered: 10/08/2002)

MEMORANDUM by SEARS, ROEBUCK & CO. in support of [66-1] motion to Strike Portion of Affidavit of Carl P. Davenport by SEARS, ROEBUCK & CO. (L. Simmonds) (Entered: 10/08/2002)

EXHIBITS (A thru T) by SEARS, ROEBUCK & CO. in support of its Response to Plaintiff's Motion for Partial Summary Judgment (located in expandable file) (L. Simmonds) (Entered: 10/08/2002)

Motion to Exceed Page Limitation of Brief by an additional five (5) pages for Defendant's Summary Judgment Reply by SEARS, ROEBUCK & CO. Pltf/Intervenor Davenport's cnsl objects to the extension of page limitation. Cnsl for pltf. EEOC has not not responded to request. Dft will advise court of pltf. EEOC cnsl's position on motion when he receives it (L. Simmonds) (Entered: 10/11/2002)

REPLY BRIEF by EEOC, CARL P. DAVENPORT in support of [54-1] motion for Partial Summary Judgment pursuant to Rule 56 of the FRCvP by CARL P. DAVENPORT, EEOC (L. Simmonds) (Entered: 10/16/2002)

REPLY by SEARS, ROEBUCK & CO. to response to [57-1] motion for Summary Judgment pursuant to Rule 56 of the FRCvP by SEARS, ROEBUCK & CO. (L. Simmonds) (Entered: 10/16/2002)

Supplemental Attachments (with Exhibits I thru O attached) by SEARS, ROEBUCK & CO. in support of [57-1] motion for Summary Judgment pursuant to Rule 56 of the by SEARS, ROEBUCK & CO. (Supplemental Attachment located in expandable file) (L. Simmonds) Modified on 10/16/2002 (Entered: 10/16/2002)