Case: EEOC v. Sears Roebuck

1:04-cv-07282 | U.S. District Court for the Northern District of Illinois

Filed Date: Nov. 10, 2004

Closed Date: 2012

Clearinghouse coding complete

Case Summary

In November 2004, the EEOC's Chicago District Office filed suit in United States District Court, Northern District of Illinois, against Sears Roebuck and Company, alleging a violation of the Americans with Disabilities Act. According to the complaint, Sears Roebuck failed to live up to its obligations under the ADA to make reasonable accommodations when it enacted an inflexible company policy mandating a maximum of one year leave time and refused to grant exceptions for employees with disabilit…

In November 2004, the EEOC's Chicago District Office filed suit in United States District Court, Northern District of Illinois, against Sears Roebuck and Company, alleging a violation of the Americans with Disabilities Act. According to the complaint, Sears Roebuck failed to live up to its obligations under the ADA to make reasonable accommodations when it enacted an inflexible company policy mandating a maximum of one year leave time and refused to grant exceptions for employees with disabilities.

Sears Roebuck moved to dismiss the case, but the motion was denied. On March 14, 2008, the parties notified the court that they would participate in mediation. The parties held settlement discussions while still undergoing discovery, and advised the court in the summer of 2009 that they had reached a settlement.

On September 29, 2009, Judge Wayne R. Andersen signed an order approving a consent decree. The consent decree required Sears to make payment to individual claimants from a $6.2 million Qualified Settlement Fund, prohibited it from discriminating against employees by not providing reasonable accommodations and from retaliating against employees who made allegations of discrimination, and required it to provide training to human resources personnel. The order also required Sears to post notice of the decree to its employees, and required detailed record keeping and reporting. Finally, the order required revision of Sears’ workers compensation policies. Each party bore its own costs and attorneys’ fees.

The consent decree lasted for three years, and the matter appears to be closed.

Summary Authors

Jason Chester (5/23/2008)

Alexandra Gilewicz (3/25/2018)

People


Judge(s)

Andersen, Wayne R. (Illinois)

Attorney for Plaintiff

Cohen, Ethan M.M. (Illinois)

DeCamp, Aaron (Illinois)

Attorney for Defendant

Alikhan, Saira Janine (Illinois)

Bess, Amy L. (District of Columbia)

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Documents in the Clearinghouse

Document

1:04-cv-07282

Docket (PACER)

EEOC v. Sears Roebuck & Co

Feb. 4, 2010

Feb. 4, 2010

Docket
1

1:04-cv-07282

Complaint

EEOC v. Sears Roebuck & Co

Nov. 10, 2004

Nov. 10, 2004

Complaint
8

1:04-cv-07282

Statement [Order on Motion to Dismiss]

EEOC v. Sears Roebuck & Co

July 22, 2005

July 22, 2005

Order/Opinion

1:04-cv-07282

Federal Court Says EEOC Disability Bias Lawsuit Against Sears Roebuck to Proceed

EEOC v. Sears, Roebuck & Co.

No Court

Aug. 2, 2005

Aug. 2, 2005

Press Release

Resources

Docket

Last updated Feb. 18, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Ethan M.M. Cohen, Gregory M. Gochanour, John C. Hendrickson as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: 1−1 through 1−3) (cdy) (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

Clearinghouse
2

ATTORNEY APPEARANCE for defendant by Deborah A. Devaney, Jeffrey S. Goldman, Lisa Zachary Fain (cdy) (Entered: 01/04/2005)

Jan. 3, 2005

Jan. 3, 2005

3

DEMAND for jury trial by defendant (cdy) (Entered: 01/11/2005)

Jan. 10, 2005

Jan. 10, 2005

4

MOTION by defendant to dismiss the complaint and suggested briefing schedule ; Memorandum in support ; Notice (las) Modified on 01/11/2005 (Entered: 01/11/2005)

Jan. 10, 2005

Jan. 10, 2005

5

MINUTE entry before Judge Wayne R. Andersen : Set deadlines/hearing as to motion to dismiss, motion by filer to set a briefing schedule 4 : Responses due by 2/18/2005 Replies due by 3/4/2005. Ruling will be made by mail. Mailed notice. (tsa, ) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

6

RESPONSE by plaintiff EEOC to defendant's Rule 12(b)(6) motion to dismiss 4 .(lcw, Lakisha) (Entered: 02/23/2005)

Feb. 18, 2005

Feb. 18, 2005

7

REPLY MEMORANDUM OF LAW by defendant Sears Roebuck & Company of its motion to dismiss the complaint 4 ; Exhibits. (cdy, ) Modified on 7/26/2006 (ym, ). (Entered: 03/08/2005)

March 4, 2005

March 4, 2005

8

MINUTE entry before Judge Wayne R. Andersen : The Court denies defendant's motion to dismiss 4 . Defendant's motion for a suggested briefing schedule 4 was granted. See Minute Order of January 20, 2005. Mailed notice (cdy, ) (Entered: 07/28/2005)

July 22, 2005

July 22, 2005

Clearinghouse
9

ANSWER to Complaint and Defenses by Sears Roebuck & Company(Devaney, Deborah) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

10

MOTION by Plaintiff Equal Employment Opportunity Commission for hearing to schedule initial status (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Cohen, Ethan) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

11

NOTICE of Motion by Ethan M.M. Cohen for presentment of motion for hearing 10 before Honorable Arlander Keys on 7/17/2006 at 09:30 AM. (Cohen, Ethan) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

12

MOTION by Plaintiff Equal Employment Opportunity Commission for hearing re MOTION by Plaintiff Equal Employment Opportunity Commission for hearing to schedule initial status 10 (Cohen, Ethan) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

13

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Aaron R. DeCamp (DeCamp, Aaron) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

14

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Arlander Keys for all discovery motions and discovery supervision. Signed by Judge Executive Committee on 7/10/06. (mjc, ) (Entered: 07/12/2006)

July 10, 2006

July 10, 2006

15

MINUTE entry before Judge Arlander Keys : Status hearing set for 7/19/2006 at 09:00 AM. in courtroom 2230. (ac, ) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

16

MINUTE entry before Judge Arlander Keys : Plaintiff's motion for hearing is entered and continued to 7/19/2006 at 09:00 AM. in room 2230 10 , 12 . (ac, ) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

17

RESPONSE by Sears Roebuck & Company to MOTION by Plaintiff Equal Employment Opportunity Commission for hearing re MOTION by Plaintiff Equal Employment Opportunity Commission for hearing to schedule initial status 10 12 (Devaney, Deborah) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

18

MINUTE entry before Judge Arlander Keys : Plaintiff Equal Employment Opportunity Commission's motion for hearing to schedule initial status is granted 10 . Status hearing held; continued to 9/6/06 at 9:00 a.m. The parties are to enter into an agreed proposed scheduling order and submit it to the Court prior to the next scheduled status hearing. Mailed notice (mjc, ) (Entered: 07/21/2006)

July 19, 2006

July 19, 2006

19

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Christopher A Wallace (Wallace, Christopher) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

20

MINUTE entry before Judge Arlander Keys : Status hearing held; continued to 11/8/2006 at 9:00 a.m. Mailed notice (mjc, ) Modified on 9/18/2006 (ac, ). (Entered: 09/08/2006)

Sept. 6, 2006

Sept. 6, 2006

21

MINUTE entry before Judge Arlander Keys : Status hearing held; continued to 1/10/07 at 9:00 a.m. Discovery is proceeding. Mailed notices (gcy, ) (Entered: 11/13/2006)

Nov. 8, 2006

Nov. 8, 2006

24

NOTICE by Christopher A Wallace attorney for the defendant of Change of Address. (gcy, ) (Entered: 01/17/2007)

Jan. 8, 2007

Jan. 8, 2007

23

MINUTE entry before Judge Arlander Keys : Status hearing held; continued to 3/12/07 at 9:00 a.m. Discovery is proceeding. Mailed notices (gcy, ) (Entered: 01/12/2007)

Jan. 10, 2007

Jan. 10, 2007

25

MOTION by Defendant Sears Roebuck & CompanyLeave to Withdraw Certain Counsel of Record (Fain, Lisa) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

26

NOTICE of Motion by Lisa Zachary Fain for presentment of motion for miscellaneous relief 25 before Honorable Wayne R. Andersen on 2/1/2007 at 09:00 AM. (Fain, Lisa) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

27

MINUTE entry before Judge Wayne R. Andersen : Defendant's motion for leave to withdraw certain counsel of record 25 is granted. Jeffrey S. Goldman and Christopher A. Wallace are given leave to withdraw appearances. Mailed notices (gcy, ) (Entered: 02/06/2007)

Feb. 1, 2007

Feb. 1, 2007

28

MINUTE entry before Judge Arlander Keys : Status hearing held; continued to 4/27/07 at 9:00 a.m. Discovery is proceeding. Mailed notices (gcy, ) (Entered: 03/15/2007)

March 12, 2007

March 12, 2007

29

MINUTE entry before Judge Arlander Keys : Magistrate Judge status hearing held on 4/27/2007. At the request of the parties, Court will hold a case management planning meeting in chambers with all parties present on 5/17/07 at 9:00 a.m. Mailed notices (gcy, ) (Entered: 04/30/2007)

April 27, 2007

April 27, 2007

30

MINUTE entry before Judge Arlander Keys : Discovery planning meeting held in chambers with the parties. To date, the EEOC has conducted interviews with hundreds of potential class members pursuant to which it has determined that approximately 350 people should be included in the class. The Defendant and EEOC have agreed on the discovery requestes regarding 31 individuals. The Defendant will furnish relevant information to the EEOC regarding these 31 individuals and it is expected that most of the discovery regarding these 31 individuals (not including depositions) will be concluded by the end of September, 2007. Thereafter, the parties will be in a better position to estimate how long it will take to complete the discovery on the remaining individuals. Discovery regarding the Defendant's policy itself will also be on−going during this period. Status hearing set for 7/27/2007 at 09:00 AM.Mailed notices (gcy, ) (Entered: 05/21/2007)

May 17, 2007

May 17, 2007

31

MINUTE entry before Judge Arlander Keys :Status hearing set for 7/27/07 is reset to 8/8/2007 at 09:00 AM.(ac, ) (Entered: 08/03/2007)

July 27, 2007

July 27, 2007

32

MINUTE entry before Judge Arlander Keys :Magistrate Judge Status hearing held on 8/8/2007. The Parties appeared and informed the Court that discovery is proceeding. (ac, ) (Entered: 08/29/2007)

Aug. 8, 2007

Aug. 8, 2007

34

EXECUTIVE COMMITTEE ORDER:Case referred to magistrate judge Susan E. Cox. (See order for details). Signed by Judge Executive Committee on 8/27/07. Mailed notice (emd, ) (Entered: 08/31/2007)

Aug. 27, 2007

Aug. 27, 2007

33

MINUTE entry before Judge Susan E. Cox :Initial status hearing set for 9/12/07 at 9:45 a.m. in Courtroom 1342. The parties are directed to review and to comply with Judge Cox's Order Setting Initial Status Report for Cases Assigned to Judge Cox. Copies are available in chambers or through Judge Cox's web page at www.ilnd.uscourts.gov. Mailed notice (vkd, ) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

35

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Christopher Qualley King (King, Christopher) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

36

MINUTE entry before Judge Susan E. Cox : Status hearing held; continued to 11/1/07 at 9:30 a.m. The parties are proceeding with informal class member discovery. Mailed notice (vkd, ) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

37

MOTION by counsel for Defendant Sears Roebuck & Company to withdraw as attorney Motion for Leave to Withdraw Certain Counsel of Record (Fain, Lisa) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

39

MINUTE entry before Judge Wayne R. Andersen : Defendant Sears motion for leave to withdraw certain counsel of record 37 is granted. Deborah A. Devaney is given leave to withdraw her appearance. Mailed notices (gcy, ) (Entered: 10/01/2007)

Sept. 27, 2007

Sept. 27, 2007

40

MOTION by Defendant Sears Roebuck & Company for protective order Agreed Motion For Entry Of Protective Order (Attachments: # 1 Exhibit Exhibit A to Agreed Motion For Entry of Protective Order)(Fain, Lisa) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

41

NOTICE of Motion by Lisa Zachary Fain for presentment of motion for protective order 40 before Honorable Susan E. Cox on 10/18/2007 at 09:30 AM. (Fain, Lisa) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

42

MINUTE entry before Judge Susan E. Cox :Motion for protective order 40 is entered and continued. Hearing on motion for protective order 40 set for 11/1/07 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 10/18/2007)

Oct. 18, 2007

Oct. 18, 2007

43

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Lisa Zachary Fain Attorney appearance (Fain, Lisa) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

44

MINUTE entry before Judge Susan E. Cox : Status hearing held. Motion hearing held. Parties report on status of discovery. Defendant's motion for entry of Agreed Protective Order 40 is withdrawn. For the reasons stated in open court, the parties will submit revised Agreed Protective Order for the Court's approval. Status hearing set for 12/12/07 at 9:30 a.m. for a report of discovery efforts. Mailed notice (vkd, ) (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

45

MINUTE entry before Judge Susan E. Cox :Magistrate Judge Status hearing held and continued to 3/10/2008 at 09:30 AM. The court adopts the parties proposed discovery schedule. (draft discovery schedule order to be submitted) Defendant's oral motion for entry of a protective order is granted.Advised in open court (jms, ) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

46

PROTECTIVE ORDER Signed by Judge Susan E. Cox on 12/12/2007:(gcy, ) (Entered: 12/17/2007)

Dec. 12, 2007

Dec. 12, 2007

47

MINUTE entry before Judge Susan E. Cox : Enter Order Regarding Discovery Plan. Fact discovery ordered closed by 12/31/2010. For further detail see separate order. Mailed notice by judge's staff. (srb,) (Entered: 01/11/2008)

Jan. 10, 2008

Jan. 10, 2008

48

ORDER REGARDING DISCOVERY PLAN Signed by Judge Susan E. Cox on 1/10/2008.(srb,) (Entered: 01/11/2008)

Jan. 10, 2008

Jan. 10, 2008

49

MINUTE entry before Judge Susan E. Cox : Pursuant to a telephonic request by the parties, status hearing set for 3/10/08 at 9:30 a.m. is stricken and reset to 3/14/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 03/05/2008)

March 5, 2008

March 5, 2008

50

MINUTE entry before Judge Susan E. Cox :Status hearing held on 3/14/2008. Parties informed the Court regarding the parties plan to participate in mediation. Status hearing set for 4/23/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

51

DOCKETED TO INCORRECT CASE. The pdf has been replaced. Modified on 4/24/2008 (vkd, ). (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

52

NOTICE of correction regarding Document #51. Document docketed to incorrect case. (vkd, ) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

53

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Parties advised the Court they will participate in mediation while their discovery is continuing. Status hearing set for 7/9/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

54

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Ariel J. Tesher (Tesher, Ariel) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

56

NOTICE by Ethan M.M. Cohen of Change of Address (Cohen, Ethan) (Entered: 07/16/2008)

July 16, 2008

July 16, 2008

57

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Amy L. Bess (Bess, Amy) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

58

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. The Court was advised of the status of discovery and that the parties are working diligently regarding the expected number of possible claimants. Status hearing set for 11/12/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 09/16/2008)

Sept. 15, 2008

Sept. 15, 2008

59

MOTION by Plaintiff Equal Employment Opportunity Commission to compel Employee Contact Information (Attachments: # 1 Exhibit)(Hamilton, Deborah) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

60

NOTICE of Motion by Deborah Lois Hamilton for presentment of motion to compel 59 before Honorable Susan E. Cox on 10/2/2008 at 09:30 AM. (Hamilton, Deborah) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

61

MOTION by Plaintiff Equal Employment Opportunity Commission to compel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(DeCamp, Aaron) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

62

NOTICE of Motion by Aaron R. DeCamp for presentment of motion to compel 61 before Honorable Susan E. Cox on 10/2/2008 at 09:30 AM. (DeCamp, Aaron) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

63

MINUTE entry before the Honorable Susan E. Cox: Motion hearing held 10/2/08. Plaintiff's motion to compel Employee Contact Information 59 is granted in part. Defendant has until 10/14/08 to provide plaintiff with contact information for unrepresented former managers of the defendant corporation in response to Interrogatory No. 7. Plaintiff will refrain from asking those former employees about conversations with Sears' attorneys. Defendant is given until 10/17/08 to determine which employees are current managers and, thereafter, are to provide contact information to plaintiff for those employees who are in fact not managers, in response to Interrogatory No. 7. Motion 61 is entered and continued. Parties are directed to further discuss the issues raised in plaintiff's motion, and pursuant to representations made in Court, the parties will alter the sequencing of the deposition schedule as necessary. Status hearing set for 10/16/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 10/03/2008)

Oct. 2, 2008

Oct. 2, 2008

64

MOTION by Plaintiff Equal Employment Opportunity Commission to compel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(DeCamp, Aaron) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

65

NOTICE of Motion by Aaron R. DeCamp for presentment of motion to compel 64 before Honorable Susan E. Cox on 10/16/2008 at 09:30 AM. (DeCamp, Aaron) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

66

RESPONSE by Sears Roebuck & Companyin Opposition to MOTION by Plaintiff Equal Employment Opportunity Commission to compel 64 Interrogatory No. 6. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Fain, Lisa) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

67

MINUTE entry before the Honorable Susan E. Cox: Motion hearing held. Status hearing held. Plaintiff's motion to compel 64 regarding Interrogatory No. 6 is granted. Defendant Sears Roebuck & Company is given until 11/6/08 to comply with Interrogatory No. 6 as outlined in open court. Plaintiff's motion to compel 61 is terminated as moot. Status hearing set for 11/12/08 at 9:30 a.m. is stricken. Status hearing set for 12/17/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 10/17/2008)

Oct. 16, 2008

Oct. 16, 2008

68

TRANSCRIPT OF PROCEEDINGS held on 9/15/2008 before the Honorable Susan E. Cox. Court Reporter Contact Information: Riki Schatell, 773−728−7281, schatell@sbcglobal.net. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/7/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/15/2009. (cem, ) (Entered: 10/20/2008)

Oct. 17, 2008

Oct. 17, 2008

69

MOTION by Plaintiff Equal Employment Opportunity Commission to compel To Determine the Sufficiency Of Sears Answers To EEOCs First Request To Admit And To Deem the Requests Admitted (Attachments: # 1 Exhibit Request to Admit Facts, # 2 Exhibit Sears' Admissions, # 3 Exhibit SNR Letter to EEOC, # 4 Exhibit Accommodation Log, # 5 Exhibit EEOC letter to Sears)(Cohen, Ethan) (Entered: 10/27/2008)

Oct. 27, 2008

Oct. 27, 2008

70

NOTICE of Motion by Ethan M.M. Cohen for presentment of motion to compel, 69 before Honorable Susan E. Cox on 10/30/2008 at 09:30 AM. (Cohen, Ethan) (Entered: 10/27/2008)

Oct. 27, 2008

Oct. 27, 2008

71

MOTION by Plaintiff Equal Employment Opportunity Commission for discovery Exhibit 3 to Motion to Determine Sufficiency of Sears' Answers to EEOC's First Request to Admit (Elkin, Laurie) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

72

RESPONSE by Sears Roebuck & Company to MOTION by Plaintiff Equal Employment Opportunity Commission to compel To Determine the Sufficiency Of Sears Answers To EEOCs First Request To Admit And To Deem the Requests Admitted 69 (Fain, Lisa) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

73

MINUTE entry before the Honorable Susan E. Cox: Motion hearing held. Parties having engaged in a conference outside the presence of the Court, Plaintiff's motion to compel to determine the sufficiency of Sears' answers to EEOC's first request to admit and to deem the requests admitted 69 and Plaintiff's motion to compel to determine the sufficiency of Sears' answers to EEOC's first request to admit 71 are granted in part as outlined in open court. Status hearing date of 12/17/08 at 9:30 a.m. to stand. Mailed notice (vkd, ) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

74

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Tobias Edward Schlueter (Schlueter, Tobias) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

75

MOTION by Defendant Sears Roebuck & Company for protective order DEFENDANT'S MOTION FOR ENTRY OF PROTECTIVE ORDER TO LIMIT DISCOVERY INTO PRIVILEGED COMMUNICATIONS HAD PURSUANT TO LEAVE POLICIES (Schlueter, Tobias) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

76

NOTICE of Motion by Tobias Edward Schlueter for presentment of motion for protective order 75 before Honorable Susan E. Cox on 11/6/2008 at 09:30 AM. (Schlueter, Tobias) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

77

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Deborah Lois Hamilton (Hamilton, Deborah) (Entered: 11/04/2008)

Nov. 4, 2008

Nov. 4, 2008

78

RESPONSE by Equal Employment Opportunity Commissionin Opposition to MOTION by Defendant Sears Roebuck & Company for protective order DEFENDANT'S MOTION FOR ENTRY OF PROTECTIVE ORDER TO LIMIT DISCOVERY INTO PRIVILEGED COMMUNICATIONS HAD PURSUANT TO LEAVE POLICIES 75 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(DeCamp, Aaron) (Entered: 11/05/2008)

Nov. 5, 2008

Nov. 5, 2008

79

NOTICE by Equal Employment Opportunity Commission re response in opposition to motion, 78 (DeCamp, Aaron) (Entered: 11/05/2008)

Nov. 5, 2008

Nov. 5, 2008

80

MINUTE entry before the Honorable Susan E. Cox: Case called for motion hearing. Defendant's motion for entry of protective order to limit discovery into privileged communications had pursuant to leave policies 75 is taken under advisement. Ruling to be made by mail. Mailed notice (vkd, ) (Entered: 11/06/2008)

Nov. 6, 2008

Nov. 6, 2008

82

MOTION by Defendant Sears Roebuck & Company for reconsideration or clarification of the Court's November 18, 2008 Order (Schlueter, Tobias) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

83

NOTICE of Motion by Tobias Edward Schlueter for presentment of motion for reconsideration 82 before Honorable Susan E. Cox on 12/4/2008 at 09:30 AM. (Schlueter, Tobias) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

84

RESPONSE by Equal Employment Opportunity Commissionin Opposition to MOTION by Defendant Sears Roebuck & Company for reconsideration or clarification of the Court's November 18, 2008 Order 82 (Attachments: # 1 Exhibit)(Elkin, Laurie) (Entered: 12/03/2008)

Dec. 3, 2008

Dec. 3, 2008

85

MINUTE entry before the Honorable Susan E. Cox: Motion hearing held. Defendant's motion for reconsideration or clarification of the Court's 11/18/08 order 82 is denied as moot. Defendant has advised Plaintiff of their position and are proceeding in accordance with the Court's order. Mailed notice (vkd, ) (Entered: 12/05/2008)

Dec. 4, 2008

Dec. 4, 2008

86

MOTION by Plaintiff Equal Employment Opportunity Commission to compel Deem Facts Admitted (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service, # 5 Notice of Filing)(Cohen, Ethan) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

87

NOTICE of Motion by Ethan M.M. Cohen for presentment of motion to compel 86 before Honorable Susan E. Cox on 12/11/2008 at 09:30 AM. (Cohen, Ethan) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

88

MOTION by Plaintiff Equal Employment Opportunity Commission for rule to show cause (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Certificate of Service, # 10 Notice of Filing)(Cohen, Ethan) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

89

NOTICE of Motion by Ethan M.M. Cohen for presentment of motion for rule to show cause, 88 before Honorable Susan E. Cox on 12/11/2008 at 09:30 AM. (Cohen, Ethan) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

90

RESPONSE by Sears Roebuck & Company to MOTION by Plaintiff Equal Employment Opportunity Commission to compel Deem Facts Admitted 86 Defendant Sears, Roebuck & Co.'s Response to Plaintiff EEOC's Second Motion to Determine the Sufficiency of Sears' Answers to EEOC's First Request to Admit and to Deem the Requests Admitted (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Schlueter, Tobias) (Entered: 12/10/2008)

Dec. 10, 2008

Dec. 10, 2008

91

MOTION by Defendant Sears Roebuck & Company to set a briefing schedule on Plaintiff EEOC's Motion [Doc. #88] for an Order to Show Cause as to Why Defendant Sears Should Not Be Found in Contempt of this Court's October 16, 2008 Order Compelling Defendant Sears to Answer Interrogatory No. 6 (Schlueter, Tobias) (Entered: 12/10/2008)

Dec. 10, 2008

Dec. 10, 2008

92

RESPONSE by Defendant Sears Roebuck & Company to motion for rule to show cause, 88 Defendant Sears, Roebuck & Co.'s Request for Briefing Schedule on Plaintiff EEOC's Motion [Doc. #88] for an Order to Show Cause as to Why Defendant Sears Should Not be Found in Contempt of this Court's October 16, 2008 Order Compelling Defendant Sears to Answer Interrogatory No. 6 (Schlueter, Tobias) (Entered: 12/10/2008)

Dec. 10, 2008

Dec. 10, 2008

93

MINUTE entry before the Honorable Susan E. Cox: Case called for motion hearing. The parties agreed to meet and confer regarding the possible resolution of Plaintiff's motion to compel 86 and Defendant's motion to set a briefing schedule 91 on Plaintiff's motion for rule to show cause 88 . The Parties contacted the Court via telephone. The Court was advised that the parties have been working diligently throughout the day toward resolution of the pending motions. The parties expect to advise the Court of their progress at the next scheduled status hearing set for 12/17/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 12/12/2008)

Dec. 11, 2008

Dec. 11, 2008

98

TRANSCRIPT OF PROCEEDINGS held on 10/30/08 before the Honorable Susan E. Cox. Court Reporter Contact Information: Riki Schatell, 773−728−7281, Schatell@sbcglobal.net. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/5/2009. Redacted Transcript Deadline set for 1/15/2009. Release of Transcript Restriction set for 3/16/2009. (rp, ) (Entered: 12/22/2008)

Dec. 15, 2008

Dec. 15, 2008

99

TRANSCRIPT OF PROCEEDINGS held on 10/16/08 before the Honorable Susan E. Cox. Court Reporter Contact Information: Riki Schatell, 773−728−7281, Schatell@sbcglobal.net. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/5/2009. Redacted Transcript Deadline set for 1/15/2009. Release of Transcript Restriction set for 3/16/2009. (rp, ) (Entered: 12/22/2008)

Dec. 15, 2008

Dec. 15, 2008

94

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Saira Janine Alikhan (Alikhan, Saira) (Entered: 12/16/2008)

Dec. 16, 2008

Dec. 16, 2008

95

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Mariam Abdullahi Farah (Farah, Mariam) (Entered: 12/16/2008)

Dec. 16, 2008

Dec. 16, 2008

96

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. The Parties advised the Court of the status of discovery. Based on the parties' intention to file a stipulation, Plaintiff's motion to determine the sufficiency of Sears' Amended Answers to EEOC's First Request to Admit and to Deem the Requests Admitted 86 and Plaintiff's motion for an Order to Show Cause as to why Defendant Sears should not be found in Contempt of this Court's 10/16/08 Order compelling Defendant Sears to Answer Interrogatory No. 6 88 are terminated as moot. Defendant's motion to set a briefing schedule on Plaintiff's motion for an order to show cause 91 is terminated as moot. Status hearing set for 1/26/09 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 12/18/2008)

Dec. 17, 2008

Dec. 17, 2008

100

STIPULATION regarding order on motion to compel, order on rule to show cause, order on motion to set a briefing schedule, magistrate judge status hearing, set/reset hearings,,,,,,,,,,,,,,, 96 Joint agreement of the parties (King, Christopher) (Entered: 12/24/2008)

Dec. 24, 2008

Dec. 24, 2008

101

ATTORNEY Appearance for Defendant Sears Roebuck & Company by Tery A Gonsalves (Gonsalves, Tery) (Entered: 01/09/2009)

Jan. 9, 2009

Jan. 9, 2009

103

NOTICE of Motion by Lisa Zachary Fain for presentment of motion to withdraw as attorney 102 before Honorable Wayne R. Andersen on 1/15/2009 at 09:00 AM. (Fain, Lisa) (Entered: 01/09/2009)

Jan. 9, 2009

Jan. 9, 2009

104

MOTION by Defendant Sears Roebuck & Company for protective order Agreed Motion for Entry of an Amended Protective Order (Schlueter, Tobias) (Entered: 01/13/2009)

Jan. 13, 2009

Jan. 13, 2009

105

Notice of Motion for Entry of Amended Protective Order NOTICE of Motion by Tobias Edward Schlueter for presentment of motion for protective order 104 before Honorable Susan E. Cox on 1/22/2009 at 09:30 AM. (Schlueter, Tobias) (Entered: 01/13/2009)

Jan. 13, 2009

Jan. 13, 2009

106

MINUTE entry before the Honorable Wayne R. Andersen:Defendant's motion for leave to withdraw certain counsel of record 102 is granted. Lisa Z. Fain is given leave to withdraw her appearance. Agreed motion for protective order 104 is granted. Mailed notice (tsa, ) (Entered: 01/15/2009)

Jan. 15, 2009

Jan. 15, 2009

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 10, 2004

Closing Date: 2012

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

Sears Roebuck & Company (Chicago), Private Entity/Person

Sears Roebuck & Company (Chicago), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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:

None yet

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 6,200,000

Order Duration: 2009 - 2012

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Monitoring

Training

Issues

Disability and Disability Rights:

Reasonable Accommodations

disability, unspecified

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Non-government for-profit

EEOC-centric:

Direct Suit on Merits