Equal Employment Opportunity Commission v. Kroger Limited Partnership I
| Equal Employment Opportunity Commission |
| Kroger Company doing business as Kroger Store No. 625 and Kroger Limited Partnership I (originally named as Kroger Company) doing business as Kroger Store No. 625 |
| Brenda Lawson and Trudy Rickerd |
| 4:2020cv01099 |
| September 14, 2020 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 66 CONSENT DECREE. Signed by Judge Lee P. Rudofsky on 10/26/2022. (ldb) |
Filing 65
ORDER approving the Consent Decree. Signed by Judge Lee P. Rudofsky on 10/26/2022. (ldb)
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| Filing 64 MEMORANDUM of points and authorities re #63 Motion for Order filed by Equal Employment Opportunity Commission. (Dixon, Pamela) |
| Filing 63 Joint MOTION for Order Entering the Consent Decree by Equal Employment Opportunity Commission (Dixon, Pamela) |
| Filing 62 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky:Telephone Conference held on 10/3/2022. (Plaintiff: Faye Williams, Pamela Dixon, Amy Black; Intervenor Plaintiffs: David R. Hogue; Defendant: Cynthia Kolb and Faith Whittaker; Court Reporter: Elaine Hinson.) (hml) |
| Filing 61 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Telephone Conference set for 10/3/2022 at 1:00 PM before Judge Lee P. Rudofsky. (hml) |
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Filing 60
ORDER granting in part and denying in part #34 Kroger's Motion for Summary Judgment; denying in its entirety #31 EEOC's Motion for Summary Judgment; and granting in part and denying in part #41 EEOC's Motion to Strike. The EEOC's retaliation claim is out. The EEOC's failure-to-accommodate claim will go to trial. The EEOC may depose Goodnight but may not re-depose Maxwell or shift the costs of Goodnight's deposition to Kroger. Signed by Judge Lee P. Rudofsky on 6/23/2022. (cmn)
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| Filing 59 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Motion Hearing held on 4/25/2022 re #31 MOTION for Summary Judgment and #34 MOTION for Summary Judgment. After hearing argument from the attorneys, the Court took the matter under advisement. (Plaintiff: Pamela Dixon, Amy Black, and Faye Williams; Defendant: Faith Whittaker, Cynthia Kolb, and Hayley Geiler (by video); Court Reporter: Teresa Hollingsworth.) (hml) |
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Filing 58
ORDER authorizing Ms. Faith C. Whitaker to bring a cell phone, laptop computer, or person digital assistant into the courthouse on 4/25/2022 for a hearing before Judge Lee P. Rudofsky. Signed by Judge Lee P. Rudofsky on 4/7/2022. (hml)
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| Filing 57 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing on #31 MOTION for Summary Judgment and #34 MOTION for Summary Judgment: Motion Hearing set for 4/25/2022 at 11:00 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. (hml) |
| Filing 56 SECOND AMENDED FINAL SCHEDULING ORDER: Jury Trial reset for 12/6/2022 at 9:30 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. Pretrial Disclosure Sheet due by 11/7/2022. Signed at the Direction of the Court on 3/29/2022. (hml) |
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Filing 55
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #54 Unopposed Motion to Amend the Final Scheduling Order. The Court will hold a summary judgment hearing in April 2022. Ms. Geiler may participate by video or in-person as she sees fit. All other counsel arguing the motions must be present in the courtroom. Court staff will be in contact with counsel to determine a convenient date. The trial will be set for December 2022. All deadlines that have not yet expired will be reset accordingly. An amended scheduling order will be issued shortly. Signed by Judge Lee P. Rudofsky on 3/29/2022. (nab)
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| Filing 54 MOTION to Amend/Correct #29 Scheduling Order, Kroger's Motion to Amend the Final Scheduling Order by Kroger Limited Partnership I (Whittaker, Faith) |
| NOTICE OF DOCKET CORRECTION re #51 Reply to Response to Motion. CORRECTION: The docket text was modified to correct the linkage to #31 Motion for Summary Judgment. (jak) |
| Filing 53 NOTICE by Kroger Limited Partnership I re #34 MOTION for Summary Judgment Kroger's Clarification of Case Citation (Attachments: #1 Exhibit 1 - Wilson v. U.S. W. Communications 58 F.3d 1337)(Whittaker, Faith) |
| Filing 52 REPLY to Response to Motion re #34 MOTION for Summary Judgment by Kroger filed by Kroger Limited Partnership I. (Geiler, Hayley) |
| Filing 51 REPLY to Response to Motion re #31 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit Brockman Deposition)(Dixon, Pamela) (Docket text modified on 3/1/2022 to correct the linkage)(jak) |
| Filing 50 RESPONSE re #35 Statement of Facts (Local Rule 56.1) filed by Equal Employment Opportunity Commission. (Dixon, Pamela) |
| Filing 49 RESPONSE in Opposition re #34 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit Wilson Deposition, #2 Exhibit Maxwell Deposition, #3 Exhibit Lawson Deposition, #4 Exhibit Rickerd Deposition, #5 Exhibit Heart Image with Orange, #6 Exhibit March 2019 Press Release, #7 Exhibit Uekman Deposition, #8 Exhibit Brockman Deposition, #9 Exhibit Judy Deposition, #10 Exhibit Grievance Denial Letters, #11 Exhibit Rickerd Accommodation Request, #12 Exhibit Lawson Accommodation Requests, #13 Exhibit Riddley Deposition, #14 Exhibit Anonymous Complaint, #15 Exhibit May 4 Email, #16 Exhibit Hogue Letter, #17 Exhibit Lindsey 30(b)(6) Deposition, #18 Exhibit Lindsey Fact Deposition, #19 Exhibit Feed the Human Spirit Document, #20 Exhibit May 6 email)(Dixon, Pamela) |
| Filing 48 RESPONSE re #32 Statement of Facts (Local Rule 56.1) of Plaintiff EEOC filed by Kroger Limited Partnership I. (Geiler, Hayley) |
| Filing 47 RESPONSE in Opposition re #31 MOTION for Summary Judgment filed by Kroger Limited Partnership I. (Attachments: #1 Exhibit Kroger's Responses to EEOC's First Set of Interrogatories)(Geiler, Hayley) |
| Filing 46 RESPONSE to Motion re #31 MOTION for Summary Judgment , #34 MOTION for Summary Judgment filed by Brenda Lawson, Trudy Rickerd. (Hogue, David) |
| Filing 45 RESPONSE in Opposition re #41 MOTION to Strike Witness Kroger's Memorandum In Support of its Opposition to EEOC's Motion to Strike Defendant's Witness Kaela Goodnight filed by Kroger Limited Partnership I. (Attachments: #1 Exhibit 1 - Kroger's Initial Disclosures, #2 Exhibit 2 - Plaintiff's Initial Disclosures, #3 Exhibit 3 - Lawson's Interview Notes, #4 Exhibit 4 - Maxwell's Interview Notes, #5 Exhibit 5 - Dickey's EEOC Notes, #6 Exhibit 6 - EEOC's Production CA, #7 Exhibit 7 - Notice of Deposition)(Geiler, Hayley) |
| Filing 44 NOTICE of Appearance by Amy Black on behalf of Equal Employment Opportunity Commission (Black, Amy) |
| Filing 43 NOTICE OF DOCKET CORRECTION re #42 Brief in Support. CORRECTION: The original exhibit 4 was submitted in error (incomplete image file). The correct exhibit 4 was added to docket entry #42 based on the attached correspondence. (jak) |
| Filing 42 BRIEF IN SUPPORT re #41 Motion to Strike Witness filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit Write up, #2 Exhibit Write ups, #3 Exhibit Maxwell deposition, #4 Exhibit Lawson deposition)(Dixon, Pamela) (Additional attachment(s) added on 1/28/2022: #5 Exhibit 4 - Correct (submitted 1/28/2022)) (jak). |
| Filing 41 MOTION to Strike Witness by Equal Employment Opportunity Commission (Dixon, Pamela) |
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Filing 40
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #39 Motion to Extend the Deadline to File Responses to the Motions for Summary Judgment. Responses due by 2/16/2022. Signed by Judge Lee P. Rudofsky on 1/25/2022. (hml)
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| Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply to Motions for Summary Judgment by Equal Employment Opportunity Commission (Dixon, Pamela) |
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Filing 38
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #37 Motion to Withdraw as Attorney. Attorney Timothy Bowne terminated. Signed by Judge Lee P. Rudofsky on 1/20/2022. (hml)
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| Filing 37 MOTION to Withdraw as Attorney Timothy M. Bowne by Equal Employment Opportunity Commission (Dixon, Pamela) |
| Filing 36 BRIEF IN SUPPORT re #34 Motion for Summary Judgment filed by Kroger Limited Partnership I. (Attachments: #1 Exhibit Declaration of Kevin Lindsey, #2 Exhibit Kevin Lindsey 30(b)(6) Deposition Transcript, #3 Exhibit Karl Nieman Deposition Transcript, #4 Exhibit Karl Nieman Declaration, #5 Exhibit Declaration of Sean Maxwell, #6 Exhibit Brenda Lawson Deposition Transcript, #7 Exhibit Sheryl Riddley Deposition Transcript, #8 Exhibit Sean Maxwell Deposition Transcript, #9 Exhibit Kevin Lindsey Fact Deposition Transcript, #10 Exhibit Trudy Rickerd Deposition Transcript, #11 Exhibit Jeanetta Brockman Deposition Transcript, #12 Exhibit Declaration of Sheryl Riddley, #13 Exhibit Declaration of Kaela Goodnight, #14 Exhibit Paula Uekman Deposition Transcript, #15 Exhibit Jared Noah Judy Deposition Transcript, #16 Exhibit EEOCs Responses to Defendants Interrogatories, #17 Appendix Exhibit List)(Geiler, Hayley) |
| Filing 35 STATEMENT OF FACTS (Local Rule 56.1) re #34 Motion for Summary Judgment filed by Kroger Limited Partnership I. (Geiler, Hayley) |
| Filing 34 MOTION for Summary Judgment by Kroger Limited Partnership I (Geiler, Hayley) |
| Filing 33 BRIEF IN SUPPORT re #31 Motion for Summary Judgment,,,, filed by Equal Employment Opportunity Commission. (Dixon, Pamela) |
| Filing 32 STATEMENT OF FACTS (Local Rule 56.1) re #31 Motion for Summary Judgment,,,, filed by Equal Employment Opportunity Commission. (Dixon, Pamela) |
| Filing 31 MOTION for Summary Judgment by Equal Employment Opportunity Commission (Attachments: #1 Exhibit Deposition, #2 Exhibit Deposition, #3 Exhibit Deposition, #4 Exhibit 2019 Dress Code, #5 Exhibit FAQs re New Apron, #6 Exhibit Kroger 2019 Press Release re LGBTQ, #7 Exhibit Deposition, #8 Exhibit Deposition, #9 Exhibit Deposition, #10 Exhibit Deposition, #11 Exhibit Deposition, #12 Exhibit Lawson Hire Date, #13 Exhibit 2013 SIR, #14 Exhibit Lawson Requests, #15 Exhibit 2019 SIRs Lawson, #16 Exhibit 2019 CAs Lawson, #17 Exhibit Fact Deposition, #18 Exhibit Deposition, #19 Exhibit Rickerd Hire Date, #20 Exhibit 2010 SIR Rickerd, #21 Exhibit Lawson Request, #22 Exhibit 2019 SIRs Rickerd, #23 Exhibit 2019 CAs Rickerd, #24 Exhibit May 4, 2019 Emails, #25 Exhibit Hogue Letter to Maxwell, #26 Exhibit Fresh Look Document, #27 Exhibit Apron Image with Heart, #28 Exhibit Kroger 2020 and 2021 Press Releases re LGBTQ, #29 Exhibit 30(b)(6) Deposition, #30 Exhibit Maxwell May 6, 2019 Email, #31 Exhibit EEOC Interview)(Dixon, Pamela) |
| Filing 30 STATUS REPORT by Equal Employment Opportunity Commission. (Dixon, Pamela) |
| Filing 29 AMENDED FINAL SCHEDULING ORDER: Jury Trial reset for 5/17/2022 at 9:30 AM in Little Rock, Arkansas Courtroom #2A before Judge Lee P. Rudofsky. Discovery due by 12/17/2021, Motions due by 1/17/2022, Status Report due by 1/17/2022, and Pretrial Disclosure Sheet due by 4/18/2022. Signed at the Direction of the Court on 9/21/2021. (hml) |
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Filing 28
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #27 Unopposed Motion to Extend the Discovery and Dispositive Motion Deadlines. An Amended Final Scheduling Order will be issued. Signed by Judge Lee P. Rudofsky on 9/21/2021. (hml)
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| Filing 27 Unopposed MOTION to Extend Time by Brenda Lawson, Trudy Rickerd (Hogue, David) |
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Filing 26
AGREED PROTECTIVE ORDER. Signed by Judge Lee P. Rudofsky on 09/01/2021. (ajt)
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| Filing 25 Joint MOTION for Protective Order by Kroger Limited Partnership I (Attachments: #1 Exhibit 1)(Geiler, Hayley) |
| Filing 24 ANSWER to #18 Amended Complaint of Plaintiff EEOC by Kroger Limited Partnership I. (Attachments: #1 Exhibit A - Kroger Apron, #2 Exhibit B - Our Promise Meaning)(Whittaker, Faith) |
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Filing 23
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER finding as moot #20 Motion to Amend Defendant's Answer to Complaint. Signed by Judge Lee P. Rudofsky on 8/19/2021. (hml)
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Filing 22
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #21 Second Motion to Amend Defendant's Answer to Complaint. Signed by Judge Lee P. Rudofsky on 8/19/2021. (hml)
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| Filing 21 Second MOTION to Amend/Correct #20 MOTION to Amend/Correct #19 Answer to Amended Complaint of Plaintiff Equal Employment Opportunity Commission by Kroger Limited Partnership I (Attachments: #1 Exhibit 1 - Proposed Amended Answer)(Whittaker, Faith) |
| Filing 20 MOTION to Amend/Correct #19 Answer to Amended Complaint of Plaintiff Equal Employment Opportunity Commission by Kroger Limited Partnership I (Attachments: #1 Exhibit 1 - The Kroger Company dba Kroger Store No. 625 Answer to Plaintiff's Amended Complaint)(Whittaker, Faith) |
| Filing 19 The Kroger Company dba Kroger Store No. 625 ANSWER to #18 Amended Complaint of Plaintiff by Kroger Limited Partnership I.(Whittaker, Faith) |
| NOTICE OF DOCKET CORRECTION re #18 Amended Complaint. CORRECTION: The docket text was modified to correct the parties and description as, "AMENDED COMPLAINT with Jury Demand against Kroger Limited Partnership I, filed by Equal Employment Opportunity Commission" as indicated by the document. (cmn) |
| Filing 18 AMENDED COMPLAINT with Jury Demand against Kroger Limited Partnership I, filed by Equal Employment Opportunity Commission.(Dixon, Pamela) (Docket text modified on 6/16/2021 to correct the parties.)(cmn) |
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Filing 17
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #16 Motion to Amend Complaint. Signed by Judge Lee P. Rudofsky on 6/15/2021. (hml)
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| Filing 16 Unopposed MOTION to Amend/Correct #1 Complaint by Equal Employment Opportunity Commission (Attachments: #1 Document Proposed Amended Complaint)(Dixon, Pamela) |
| Filing 15 FINAL SCHEDULING ORDER: Jury Trial set for 3/14/2022 at 9:30 AM in Little Rock, Arkansas Courtroom #2A before Judge Lee P. Rudofsky. Motions to Amend and Join Other Parties due by 6/14/2021; Discovery due by 10/15/2021; Motions due by 11/15/2021; Status Report due by 11/15/2021; and Pretrial Disclosure Sheet due by 2/11/2022. Signed at the Direction of the Court on 2/12/2021. (hml) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission. (Dixon, Pamela) |
| Filing 13 NOTICE of Appearance by Faith C. Whittaker on behalf of Kroger Company (Whittaker, Faith) |
| Filing 12 NOTICE of Appearance by Hayley Lauren Geiler on behalf of Kroger Company (Geiler, Hayley) |
| Filing 11 ANSWER to #8 Intervenor Complaint by Kroger Company.(Kolb, Cynthia) |
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Filing 10
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. The Court is issuing this Order to clarify when the Answer to #8 the Complaint in Intervention is due. The Clerk's office placed the Complaint in Intervention on the docket on 11/24/2020, but with a file date of 10/8/2020 based on 5 this Court's October 8 Order. The Court orders that the Answer to #8 the Complaint in Intervention is due on or before 12/15/2020. Signed by Judge Lee P. Rudofsky on 11/25/2020. (thd) (Docket text modified on 11/25/2020 to correct typographical error.) (thd).
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| Filing 9 INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 2/16/2021 and Jury Trial set for 3/14/2022 at 9:30 AM in Little Rock, Arkansas Courtroom #2A before Judge Lee P. Rudofsky. Signed at the Direction of the Court on 11/24/2020. (hml) |
| Filing 7 Corporate Disclosure Statement (Rule 7.1) by Kroger Company (Kolb, Cynthia) |
| Filing 6 ANSWER to #1 Complaint by Kroger Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Kolb, Cynthia) |
| Filing 8 INTERVENOR COMPLAINT filed by Brenda Lawson and Trudy Rickerd. (Docketed based on 5 Order and pursuant to instructions from Chambers.)(thd) |
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Filing 5
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #2 Motion to Intervene in its entirety. The Court has contacted both the EEOC and the defendant. Both entities have affirmatively stated that they do not object to the intervention requested by this Motion. Signed by Judge Lee P. Rudofsky on 10/08/2020. (pgt)
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| Filing 4 WAIVER OF SERVICE Returned Executed as to Kroger Company by Kroger Company. (Kolb, Cynthia) |
| Filing 3 NOTICE of Appearance by Cynthia W. Kolb on behalf of Kroger Company (Kolb, Cynthia) |
| Filing 2 MOTION to Intervene filed by Brenda Lawson, Trudy Rickerd. (Attachments: #1 Exhibit)(fjg) |
| Filing 1 COMPLAINT with Jury Demand against Kroger Company filed by Equal Employment Opportunity Commission. No summons issued. (Attachments: #1 Civil Cover Sheet)(ajt) |
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