Case: EEOC v. K-MART CORPORATION

6:01-cv-01133 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 28, 2001

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In September 2001, the Miami District Office of the EEOC filed suit in U.S. District Court for the Middle District of Florida against Kmart Corporation. The complaint alleged that female employees at a Kmart store in Orlando, Florida were sexually harassed and were retaliated against when they complained about the harassment in violation of Title VII of the Civil Rights Act of 1964. Five of the employees intervened as plaintiffs in the case. In January of 2002, Kmart filed for bankruptcy; as a …

In September 2001, the Miami District Office of the EEOC filed suit in U.S. District Court for the Middle District of Florida against Kmart Corporation. The complaint alleged that female employees at a Kmart store in Orlando, Florida were sexually harassed and were retaliated against when they complained about the harassment in violation of Title VII of the Civil Rights Act of 1964.

Five of the employees intervened as plaintiffs in the case. In January of 2002, Kmart filed for bankruptcy; as a result, the intervening plaintiffs' cases were dismissed. In January of 2006, the EEOC worked out a settlement with Kmart. The charging parties received a total of $35,000 between them. Although the store at which the alleged harassment had taken place was at this point closed, the settlement stipulated that if Kmart ever reopened a store at the same location, it would implement anti-discrimination policies and training for its managerial and supervisory employees.

The terms of the agreement were to run for 3 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Kevin Wilemon (6/3/2008)

Clearinghouse (6/10/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4675017/parties/eeoc-v-kmart-corporation/


Judge(s)

Antoon, John II (Florida)

Judge(s)

Antoon, John II (Florida)

show all people

Documents in the Clearinghouse

Document

6:01-cv-01133

Docket (PACER)

EEOC v. Kmart Corporation

Jan. 18, 2006

Jan. 18, 2006

Docket
1

6:01-cv-01133

Complaint

EEOC v. Kmart Corporation

Sept. 28, 2001

Sept. 28, 2001

Complaint
9

6:01-cv-01133

Complaint in Intervention of Virginia Anderson, Tracy Brown and Jennifer Valdez

EEOC v. Kmart Corporation

Dec. 4, 2001

Dec. 4, 2001

Complaint
20

6:01-cv-01133

Amended Complaint in Intervention of Virginia Anderson, Tracy Brown and Jennifer Valdez

EEOC v. Kmart Corporation

Jan. 9, 2002

Jan. 9, 2002

Complaint
21

6:01-cv-01133

Complaint in Intervention of Y'Sheena McCoy

EEOC v. Kmart Corporation

Jan. 9, 2002

Jan. 9, 2002

Complaint
22

6:01-cv-01133

6:01-cv-01303

Consolidation Order

EEOC v. Kmart Corporation

Jan. 16, 2002

Jan. 16, 2002

Order/Opinion
24

6:01-cv-01133

Complaint in Intervention of Lisa Williams

EEOC v. Kmart Corporation

Jan. 24, 2002

Jan. 24, 2002

Complaint
27

6:01-cv-01133

6:01-cv-01303

Order Granting Voluntary Dismissal with Prejudice

EEOC v. Kmart Corporation; Anderson v. Kmart Corporation

Feb. 1, 2002

Feb. 1, 2002

Order/Opinion
38

6:01-cv-01133

Order [Regarding Defendant's Motion to Dismiss]

EEOC v. Kmart Corporation

July 17, 2003

July 17, 2003

Order/Opinion
70

6:01-cv-01133

Order [Regarding Defendant's Motion to Dismiss and/or Motion for Summary Judgment as to the EEOC's Claims]

EEOC v. Kmart Corporation

Nov. 13, 2003

Nov. 13, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4675017/eeoc-v-kmart-corporation/

Last updated Feb. 9, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed for unlawful employment practices based on sex and retaliation; jury demand (jrm) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: David A. Baker (jrm) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

SUMMONS issued for Kmart Corporation (jrm) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

2

RELATED CASE ORDER (response due within 11 days) and NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jrm) (Entered: 10/10/2001)

Oct. 10, 2001

Oct. 10, 2001

3

ORDER ON INTERESTED PERSONS AND CORPORATE DISCLOSURE. Response due within 11 days. (Signed by Judge John Antoon II) ctc (jrm) (Entered: 10/10/2001)

Oct. 10, 2001

Oct. 10, 2001

4

CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC and corporate disclosure statement Re: [3-1] order (jrm) (Entered: 10/22/2001)

Oct. 22, 2001

Oct. 22, 2001

5

NOTICE (no related cases) by plaintiff EEOC of pendency of other actions re: order of compliance with Local Rule 1.04(c) (jrm) (Entered: 10/22/2001)

Oct. 22, 2001

Oct. 22, 2001

6

NOTICE of filing waiver of service of summons by plaintiff EEOC (jrm) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

7

WAIVER OF SERVICE returned executed as to Kmart Corporation on10/24/01. Answer due on 12/24/01 for Kmart Corporation (jrm) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

8

MOTION by Virginia Anderson, Tracy Brown and Jennifer Valdez with memorandum in support to intervene ; referred to Magistrate Judge David A. Baker (cs) (Entered: 12/05/2001)

Dec. 4, 2001

Dec. 4, 2001

9

INTERVENOR'S COMPLAINT by Virginia Anderson, Tracy Brown and Jennifer Valdez against Kmart Corporation; jury trial demanded (cs) (Entered: 12/05/2001)

Dec. 4, 2001

Dec. 4, 2001

11

AMENDED MOTION with supporting memorandum amending [8-1] motion to intervene by Virginia Anderson, Tracy Brown, Jennifer Valdez; referred to Magistrate Judge David A. Baker (jrm) (Entered: 12/18/2001)

Dec. 17, 2001

Dec. 17, 2001

12

NOTICE (related case) by defendant Kmart Corporation of pendency of other actions re: order of compliance with Local Rule 1.04(c); related to 6:01-cv-1303-Orl-28JGG (jrm) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

13

CERTIFICATE OF INTERESTED PERSONS by defendant Kmart Corporation and corporate disclosure statement Re: [3-1] order (jrm) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

14

ANSWER and affirmative defenses to [1-1] complaint and demand for attorney's fees by defendant Kmart Corporation (jrm) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

15

MOTION with memorandum in support to intervene by Y'Sheena M. McCoy (jrm) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

MOTION referred: [15-1] motion to intervene by Y'Sheena M. McCoy referred to Magistrate Judge David A. Baker pursuant to Judge Antoon (jrm) (Entered: 12/26/2001)

Dec. 26, 2001

Dec. 26, 2001

16

ORDER of Recusal (signed by Magistrate Judge David A. Baker 01-02-02) ctc (jrm) (Entered: 01/03/2002)

Jan. 3, 2002

Jan. 3, 2002

17

NOTICE to counsel of new case number and magistrate judge assignment (signed by deputy clerk) ctc (jrm) (Entered: 01/03/2002)

Jan. 3, 2002

Jan. 3, 2002

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Karla R. Spaulding (jrm) (Entered: 01/03/2002)

Jan. 3, 2002

Jan. 3, 2002

MOTIONS referred: [15-1] motion to intervene by Y'Sheena M. McCoy referred to Magistrate Judge Karla R. Spaulding; [11-1] amended motion to intervene referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 01/03/2002)

Jan. 3, 2002

Jan. 3, 2002

18

MOTION with memorandum in support to intervene by Lisa Williams ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 01/04/2002)

Jan. 4, 2002

Jan. 4, 2002

19

ORDER granting [11-1] amended motion to intervene by Virginia Anderson, Tracy Brown and Jennifer Valdez; granting [15-1] motion to intervene by Y'Sheena M. McCoy (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 01/09/2002)

Jan. 8, 2002

Jan. 8, 2002

20

AMENDED INTERVENOR'S COMPLAINT by Virginia Anderson, Tracy Brown, Jennifer Valdez; jury demand; amending [9-1] intervenor complaint (jrm) (Entered: 01/09/2002)

Jan. 9, 2002

Jan. 9, 2002

21

INTERVENOR'S COMPLAINT by Y'Sheena M. McCoy against Kmart Corporation; jury demand (jrm) (Entered: 01/09/2002)

Jan. 9, 2002

Jan. 9, 2002

22

ORDER consolidating with case 6:01-cv-1303-Orl-28JGG for all further proceedings (Signed by Judge John Antoon II 01-15-02) ctc (jrm) (Entered: 01/16/2002)

Jan. 16, 2002

Jan. 16, 2002

24

INTERVENOR'S COMPLAINT by Lisa Williams against Kmart Corporation; jury demand (jrm) (Entered: 01/24/2002)

Jan. 24, 2002

Jan. 24, 2002

25

NOTICE of bankruptcy filing and automatic stay by defendant Kmart Corporation (jrm) (Entered: 01/24/2002)

Jan. 24, 2002

Jan. 24, 2002

26

UNOPPOSED MOTION by defendant Kmart Corporation with memorandum in support to extend time to respond to intervenors' complaints in intervention and participate in the preparation of a case management report ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 01/28/2002)

Jan. 28, 2002

Jan. 28, 2002

27

ORDER vacating [22-1] order of consolidation with case 6:01-cv-1303-Orl-28JGG and these cases are no longer consolidated. The parties stipulated notice of voluntary dismissal (Doc. No. 10) filed in case 01-1303 is granted with prejudice. All pending motions in said case are denied as moot and the Clerk shall close that file. Case 01-1133 is stayed pursuant to the notice of bankruptcy filing and automatic stay (Doc. No. 25) filed in case 01-1133. Defendant shall file a status report within 30 days and every 90 days thereafter. Set status report deadline for 3/6/02 (Signed by Judge John Antoon II) ctc (jrm) (Entered: 02/01/2002)

Feb. 1, 2002

Feb. 1, 2002

28

BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 03/04/2002)

March 4, 2002

March 4, 2002

29

BANKRUPTCY STATUS REPORT by Kmart Corporation (jet) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

30

BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 08/30/2002)

Aug. 29, 2002

Aug. 29, 2002

31

ORDER that the defendant, K-Mart Corporatin file within 15 days from the date of this order, a report indicating the status of this case; reset status report deadline for 2/24/03 ( Signed by Judge John Antoon II on 2/4/03 ) ctc (igc) (Entered: 02/05/2003)

Feb. 5, 2003

Feb. 5, 2003

32

BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 02/19/2003)

Feb. 19, 2003

Feb. 19, 2003

33

ORDER set status report deadline for defendant Kmart Corporation for 6/9/03 (Signed by Judge John Antoon II) ctc (jrm) (Entered: 05/22/2003)

May 22, 2003

May 22, 2003

34

BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 06/09/2003)

June 6, 2003

June 6, 2003

35

MOTION by defendant Kmart Corporation to dismiss this action with copy of Findings of Fact, Conclusions of Law and Order in bankruptcy case from the Bankruptcy Court in the Northern District of Illinois (filed separately) (jrm) Modified on 06/12/2003 (Entered: 06/12/2003)

June 12, 2003

June 12, 2003

36

ORDER TO SHOW CAUSE why this case should not be dismissed based on the orders issued by the Bankruptcy Court in defendant's Chapter 11 case. Response due on 7/11/03 for EEOC (Signed by Judge John Antoon II) ctc (jrm) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

37

COMPLIANCE with Court's show cause order filed by plaintiff EEOC (jrm) (Entered: 07/11/2003)

July 11, 2003

July 11, 2003

38

ORDER denying [35-1] defendant's motion to dismiss this action. All motions shall be filed with memoranda of law in compliance with Federal Rules of Civil Procedure and Local Rules. (Signed by Judge John Antoon II) ctc (jrm) (Entered: 07/17/2003)

July 17, 2003

July 17, 2003

39

ORDER TO SHOW CAUSE why this case should not be dismissed for lack of prosecution due to the non-filing of a case management report. Response due on 9/4/03 for EEOC (Signed by Judge John Antoon II) ctc (jrm) (Entered: 08/21/2003)

Aug. 21, 2003

Aug. 21, 2003

40

MOTION with attachments by defendant Kmart Corporation with memorandum in support to dismiss and/or for summary judgment as to the Equal Employment Opportunity Commission's claims against Kmart (attachments not scanned) (jrm) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

41

MOTION with attachments by defendant Kmart Corporation with memorandum in support to dismiss and/or for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (attachments not scanned) (jrm) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

42

JOINT MOTION by Intervenor-Plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena M. McCoy, and Lisa Williams to participate in case management meeting, by telephone ; referred to Magistrate Judge Karla R. Spaulding (jet) (Entered: 08/27/2003)

Aug. 26, 2003

Aug. 26, 2003

43

ORDER granting [42-1] intervenor-plaintiffs' motion to participate in case management meeting, by telephone (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

44

COMPLIANCE with show cause order filed by plaintiff EEOC (jrm) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

45

CASE MANAGEMENT REPORT. STRICKEN AND RETURNED BY ORDER #47. (jrm) Modified on 09/10/2003 (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

46

STIPULATION for substitution of counsel; the law firm of Littler Mendelson in place of the law firm of Foley & Lardner for defendant Kmart Corporation (jrm) (Entered: 09/03/2003)

Sept. 2, 2003

Sept. 2, 2003

47

ORDER to strike and return [45-1] case management report for failure to comply with Local Rules; the parties are directed to file with the court by 9/30/03 a fully executed Case Management Report which is in compliance with federal and local rules (Signed by Judge John Antoon II on 9/9/03) ctc (jet) (Entered: 09/10/2003)

Sept. 10, 2003

Sept. 10, 2003

48

RESPONSE by plaintiff EEOC to [40-1] defendant's motion to dismiss, [40-2] motion for summary judgment as to the Equal Employment Opportunity Commission's claims against Kmart (jrm) (Entered: 09/12/2003)

Sept. 12, 2003

Sept. 12, 2003

49

AGREED MOTION by Lisa Williams with memorandum in support to extend time until 10-12-03 for intervenor Williams to respond to K-Mart's motion to dismiss ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 09/12/2003)

Sept. 12, 2003

Sept. 12, 2003

50

AGREED MOTION by Y'Sheena M. McCoy to extend time until 10-12-03 to respond to K-Mart's motion to dismiss ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 09/12/2003)

Sept. 12, 2003

Sept. 12, 2003

51

UNOPPOSED MOTION by Virginia Anderson, Tracy Brown, Jennifer Valdez with memorandum in support to extend time, 30 days, to respond to defendant's motion to dismiss and/or for summary judgment ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 09/15/2003)

Sept. 12, 2003

Sept. 12, 2003

52

ORDER granting [49-1] motion to extend time until 10-12-03 for intervenor Williams to respond to K-Mart's motion to dismiss; granting [50-1] motion to extend time until 10-12-03 to respond to K-Mart's motion to dismiss; granting [51-1] motion to extend time, 30 days, to respond to defendant's motion to dismiss and/or for summary judgment; response to motion set to 10/14/03 for [41-1] motion to dismiss, [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) Modified on 09/16/2003 (Entered: 09/15/2003)

Sept. 15, 2003

Sept. 15, 2003

53

NOTICE of bankruptcy by Jennifer Valdez (jrm) (Entered: 09/22/2003)

Sept. 19, 2003

Sept. 19, 2003

54

COMPLIANCE by plaintiff EEOC with [47-1] Court's September 9, 2003 Order to strike (jrm) (Entered: 09/29/2003)

Sept. 26, 2003

Sept. 26, 2003

55

CASE MANAGEMENT REPORT (jrm) (Entered: 09/29/2003)

Sept. 26, 2003

Sept. 26, 2003

56

OPPOSITION by Lisa Williams to [41-1] defendant's motion to dismiss (jrm) (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

57

NOTICE of filing intervenor plaintiffs' exhibits in support of their opposition to Kmart's motion to dismiss by Lisa Williams, Y'Sheena M. McCoy (jrm) (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

58

RESPONSE by Virginia Anderson, Tracy Brown to [41-1] defendant's motion to dismiss, [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (jrm) (Entered: 10/15/2003)

Oct. 14, 2003

Oct. 14, 2003

59

MEMORANDUM with attached exhibits by Y'Sheena M. McCoy in opposition to [41-1] defendant's motion to dismiss (jrm) (Entered: 10/15/2003)

Oct. 14, 2003

Oct. 14, 2003

60

ORDER defendant Kmart's reply to response to motion reset to 11/7/03 for [41-1] motion to dismiss, reset to 11/7/03 for [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (Signed by Judge John Antoon II 10-17-03) ctc (jrm) (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

61

ORDER TO SHOW CAUSE why the case management report should not be stricken for failure of defendant's new counsel to sign report or adopt its contents. Response due on 11/5/03 for Kmart Corporation (Signed by Judge John Antoon II 10-17-03) ctc (jrm) Modified on 11/03/2003 (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

63

RESPONSE to show cause order filed by plaintiff EEOC (jet) (Entered: 10/28/2003)

Oct. 28, 2003

Oct. 28, 2003

64

RESPONSE to show cause order filed by intervenor-plaintiff Lisa Williams (jet) (Entered: 10/28/2003)

Oct. 28, 2003

Oct. 28, 2003

65

RESPONSE to show cause order filed by intervenor-plaintiff Y'Sheena M. McCoy (jet) (Entered: 10/29/2003)

Oct. 28, 2003

Oct. 28, 2003

66

RESPONSE to show cause order filed by intervenor-plaintiffs Virginia Anderson and Tracy Brown (jet) (Entered: 10/29/2003)

Oct. 28, 2003

Oct. 28, 2003

67

RESPONSE to show cause order with attached exhibits filed by defendant Kmart Corporation (jrm) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

68

ORDER adopting case management report (Doc. No. 55). A case management and scheduling order will be entered separately. (Signed by Judge John Antoon II 11-06-03) ctc (jrm) (Entered: 11/07/2003)

Nov. 7, 2003

Nov. 7, 2003

69

REPLY MEMORANDUM by defendant Kmart Corporation to response to [41-1] motion to dismiss, [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (jrm) (Entered: 11/07/2003)

Nov. 7, 2003

Nov. 7, 2003

70

ORDER denying [40-1] defendant's motion to dismiss, denying [40-2] motion for summary judgment as to the Equal Employment Opportunity Commission's claims against Kmart (Signed by Judge John Antoon II 11-12-03) ctc (jrm) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

71

ORDER granting [41-1] defendant's motion to dismiss and the claims of Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams are dismissed; denying as moot [41-2] motion for summary judgment (Signed by Judge John Antoon II) ctc (jrm) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

72

MOTION by Kmart Corporation for Guy O. Farmer II to withdraw as attorney ; referred to Magistrate Judge Karla R. Spaulding (jet) (Entered: 12/04/2003)

Dec. 3, 2003

Dec. 3, 2003

73

CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties and amending of pleadings on 11/24/03; Discovery cutoff 8/16/04; dispositive motion filing deadline for 9/16/04; Pretrial statement due on or before 11/4/04; jury trial for the trial term commencing at 8:30 on 2/1/05; Scheduled for Judge John Antoon II ( signed by Judge John Antoon II on 12/7/03 ) ctc (jet) (Entered: 12/08/2003)

Dec. 8, 2003

Dec. 8, 2003

73

ORDER referring case to mediation. Appointing Cary R. Singletary as mediator. Conduct hearing by 2/15/04; Lead counsel, Kenneth L. Gillespie, to coordinate dates. (Signed by Judge John Antoon II on 11/7/03) ctc (jet) (Entered: 12/08/2003)

Dec. 8, 2003

Dec. 8, 2003

74

ORDER granting [72-1] motion for Guy O. Farmer II to withdraw as attorney (Terminated attorney Guy O. Farmer for Kmart Corporation ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (jet) (Entered: 12/10/2003)

Dec. 9, 2003

Dec. 9, 2003

76

NOTICE of intent to withdraw by attorney Lori A. Brown and Devand A. Sukhdeo for Kmart Corporation (jet) (Entered: 03/19/2004)

March 18, 2004

March 18, 2004

77

UNOPPOSED MOTION by defendant Kmart Corporation for Lori A. Brown and Devand A. Sukhdeo to withdraw as attorneys ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 04/08/2004)

April 8, 2004

April 8, 2004

78

ORDER denying without prejudice [77-1] defendant's motion for Lori A. Brown and Devand A. Sukhdeo to withdraw as attorneys (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 04/09/2004)

April 9, 2004

April 9, 2004

79

STIPULATED MOTION by defendant Kmart Corporation for substitution of counsel; Mark J. Neuberger of the law firm Buchanan Ingersoll in place of Lori Anne Brown and Devan A. Sukhedo of the law firm Littler Mendelson ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 04/28/2004)

April 28, 2004

April 28, 2004

80

ORDER granting [79-1] defendant's motion for substitution of counsel; Mark J. Neuberger of the law firm Buchanan Ingersoll in place of Lori Anne Brown and Devan A. Sukhedo of the law firm Littler Mendelson. Added Mark J. Neuberger. (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 04/29/2004)

April 29, 2004

April 29, 2004

81

APPLICATION by defendant Kmart Corporation for Richard J. Antonelli to appear pro hac vice ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 05/24/2004)

May 24, 2004

May 24, 2004

82

APPLICATION by defendant Kmart Corporation for Rebecca Dick-Hurwitz to appear pro hac vice ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 05/24/2004)

May 24, 2004

May 24, 2004

83

ORDER granting [81-1] defendant's motion for Richard J. Antonelli to appear pro hac vice; granting [82-1] defendant's motion for Rebecca Dick-Hurwitz to appear pro hac vice (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 05/25/2004)

May 25, 2004

May 25, 2004

84

MOTION for Extension of Time until 09-10-04 to Complete Discovery by Kmart Corporation. (Keane, Martin) Modified on 7/14/2004 (JRM, ). (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

85

ORDER denying without prejudice 84 Motion for Extension of Time to Complete Discovery. The case is still under a stay issued by the presiding district judge. Further, in the future the parties should use the correct case number on filings, which is 6:01-CV-1133-ORL-28KRS. Signed by Judge Karla R. Spaulding on 7/20/2004. (Spaulding, Karla) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

86

Consent MOTION for clarification and to Hold the case in Abeyance by Kmart Corporation. (Keane, Martin) (Entered: 07/29/2004)

July 29, 2004

July 29, 2004

87

ORDER clarifying that the stay remains in place, vacating the Case Management and Scheduling Order, and Ordering the parties to submit a joint Case Management Report twenty days from a future Order lifting the stay. Signed by Judge John Antoon II on 7/30/2004. (EMW) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

ORDER directing administrative closure. Signed by Judge John Antoon II on 9/10/2004. (EMW) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

89

ORDER administratively closing case and ordering continuation of status reports.Signed by Judge John Antoon II on 9/17/2004. (EMW) (Entered: 09/20/2004)

Sept. 20, 2004

Sept. 20, 2004

90

STATUS REPORT by Kmart Corporation. (Keane, Martin) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

91

STATUS REPORT and Motion For Reopening The Administrative Closure of This Case by Equal Employment Opportunity Commission. (Farrell, Michael) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

92

MOTION for reopening the administrative closure of this case by plaintiff Equal Employment Opportunity Commission. (For actual document, see 91) (JRM) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

93

ORDER requiring K-Mart Corp. to respond to [92] MOTION to reopen Case filed by Equal Employment Opportunity Commission on or before 1/19/2005. Show Cause Response due by 1/19/2005. Signed by Judge John Antoon II on 1/4/2005. (EMW) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

Set/reset deadline as to [92] MOTION to reopen Case. K-Mart's response due by 1/19/2005 (JRM) (Entered: 01/05/2005)

Jan. 5, 2005

Jan. 5, 2005

94

Unopposed MOTION for Extension of Time, 7 days, to File Response/Reply to EEOC's Motion for Reopening the Administrative Closure of this Case by Kmart Corporation. (Poppe, Alan) Modified on 1/13/2005 (JRM). (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

95

ORDER granting 94 Motion for Extension of Time to File Response/Reply re [92] MOTION to reopen Case Responses due by 1/26/2005. Signed by Judge Karla R. Spaulding on 1/13/2005. (SDT) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

96

RESPONSE in opposition re [92] MOTION to reopen Case filed by Kmart Corporation. (Poppe, Alan) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

97

NOTICE of filing exhibits to its previously-filed response in opposition to plaintiff's motion to reopen the administrative closure of the case that are too voluminous for electronic filing by defendant Kmart Corporation re 96 Response in opposition to motion (exhibits filed separately) (JRM) Modified on 1/31/2005 (JRM). (Document stricken pursuant to Court Order 98) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2001

Closing Date: 2009

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

Kmart Corporation (Orlando), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

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:

Voluntary Dismissal

Amount Defendant Pays: 35000

Order Duration: 2006 - 2009

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

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