Howard v. Walmart, Inc.
Plaintiff: Gracelynn L. Howard
Defendant: Walmart, Inc.
Case Number: 2:2018cv02636
Filed: November 23, 2018
Court: US District Court for the District of Kansas
Presiding Judge: James P O'Hara
Referring Judge: Kathryn H Vratil
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. § 2601
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 23, 2020 Opinion or Order Filing 37 MEMORANDUM AND ORDER sustaining in part #27 Defendant's Motion for Summary Judgment. The Court grants defendant judgment as a matter of law on plaintiff's ADA claims which are based on her First Written coaching, and her failure to accommodate claims which are based on her request for a chair and automatic shutters. The Court overrules defendant's motion on all other issues. Signed by District Judge Kathryn H. Vratil on 4/23/2020. (smc)
March 25, 2020 Set Additional Jury Trial Days: Jury Trial set for 7/13-17/2020 at 09:00 AM in KC Courtroom 440 (JWL/KHV) before District Judge Kathryn H. Vratil. Trial dates set on public docket calendar.(as)
March 24, 2020 Opinion or Order Filing 36 ORDER SETTING PRETRIAL FILING DEADLINES Estimated trial time 5 days; Final Pretrial Conference set for 6/15/2020 at 09:00 AM in Telephone KHV - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 1654737 before District Judge Kathryn H. Vratil. Jury Trial set for 7/13/2020 at 09:00 AM in KC Courtroom 440 (KHV) before District Judge Kathryn H. Vratil. See order for further deadlines. Signed by District Judge Kathryn H. Vratil on 3/24/2020. (Attachments: #1 Exhibit Sheet, #2 Trial Agreements)(smc)
February 4, 2020 Filing 35 ENTRY OF APPEARANCE by Mark J. Goldsmith on behalf of Walmart, Inc.. (Goldsmith, Mark)
January 21, 2020 Filing 34 MEMORANDUM IN SUPPORT of #27 MOTION for Summary Judgment by Defendant Walmart, Inc. (Attachments: #1 Exhibit E-I)(Hedican, Christopher)
January 6, 2020 Filing 33 MEMORANDUM IN OPPOSITION by Plaintiff Gracelynn L. Howard re #27 MOTION for Summary Judgment (Attachments: #1 Exhibit 1, Howard deposition, #2 Exhibit 2, Disability and leave approval notice, #3 Exhibit 3, Declaration of Gracelynn Howard, #4 Exhibit 4, Pickens deposition, #5 Exhibit 5, Magee deposition, #6 Exhibit 6, Customer surveys, #7 Exhibit 7, First written coaching, #8 Exhibit 8, Plaintiff's work schedule, #9 Exhibit 9, Second written coaching, #10 Exhibit 10, Plaintiff's coaching history, #11 Exhibit 11, Walmart coaching policy, #12 Exhibit 12, Distler deposition, #13 Exhibit 13, Exit interview, #14 Exhibit 14, Third written coaching, #15 Exhibit 15, Plaintiff's performance reviews)(Dugan, Mark)
December 30, 2019 Opinion or Order Filing 32 ORDER sustaining, for substantially the reasons stated in the motion, #31 Unopposed Motion For Extension Of Time To File. Plaintiff has until January 6, 2020 to file a response to #27 Motion for Summary Judgment. Signed by District Judge Kathryn H. Vratil on 12/30/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as)
December 30, 2019 Filing 31 Second MOTION for Extension of Time to File Response to Defendants Summary Judgment Motion as to #27 MOTION for Summary Judgment by Plaintiff Gracelynn L. Howard (Schlozman, Heather)
December 18, 2019 Opinion or Order Filing 30 ORDER sustaining #29 Joint Motion For Extension Of Time To File Opposition And Reply Briefs Re Defendant's Motion For Summary Judgment. Plaintiff has until December 30, 2019 to file a response. Signed by District Judge Kathryn H. Vratil on 12/18/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as)
December 16, 2019 Filing 29 Joint MOTION for Extension of Time to File Reply as to #27 MOTION for Summary Judgment by Defendant Walmart, Inc. (Hedican, Christopher)
December 2, 2019 Filing 28 MEMORANDUM IN SUPPORT of #27 MOTION for Summary Judgment by Defendant Walmart, Inc. (Attachments: #1 Index of Evidence, #2 Ex. A, #3 Ex. A5, #4 Ex. A6, #5 Ex. A14, #6 Ex. A26, #7 Ex. A27, #8 Ex. A28, #9 Ex. A29, #10 Ex. A30, #11 Ex. B, #12 Ex. C, #13 Ex. D)(Hedican, Christopher)
December 2, 2019 Filing 27 MOTION for Summary Judgment by Defendant Walmart, Inc. (Hedican, Christopher)
November 5, 2019 Opinion or Order Filing 26 PRETRIAL ORDER ENTERED Dispositive motion deadline 12/2/2019. Jury Trial set for 7/13/2020 at 9:00 AM in KC Courtroom 440 (JWL/KHV) before District Judge Kathryn H. Vratil. Estimated trial time 5 days. Signed by Magistrate Judge James P. O'Hara on 11/5/19. (ss)
October 25, 2019 Filing 25 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: FINAL PRETRIAL CONFERENCE held on 10/25/2019. (AT&T Conference Line.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
October 16, 2019 Filing 24 NOTICE of Hearing CHANGE: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Pretrial Conference set for 10/25/2019 at 9:00 AM by Telephone before Magistrate Judge James P. O'Hara. All parties participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference.(ss)
September 23, 2019 Filing 23 NOTICE by Plaintiff Gracelynn L. Howard of taking deposition of Caleb Magee on September 25, 2019 (Schlozman, Heather)
September 12, 2019 Filing 22 NOTICE OF SERVICE by Gracelynn L. Howard of Plaintiff's responses to Defendant's First Document Requests (Schlozman, Heather)
August 28, 2019 Filing 21 NOTICE OF SERVICE by Gracelynn L. Howard of Plaintiff's responses to Defendant's First Interrogatories (Schlozman, Heather)
July 23, 2019 Filing 20 NOTICE of Service of Discovery by Walmart, Inc. (Hedican, Christopher)
July 10, 2019 Filing 19 NOTICE OF SERVICE by Gracelynn L. Howard of Supplemental Disclosures pursuant to Rule 26 (Schlozman, Heather)
June 21, 2019 Filing 18 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: STATUS CONFERENCE held on 6/21/2019.(AT&T Conference Line.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
June 19, 2019 Filing 17 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 6/21/2019 at 10:00 AM by Telephone before Magistrate Judge James P. O'Hara. All parties participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference.(ss)
June 17, 2019 Filing 16 NOTICE of Service of Discovery by Walmart, Inc. (Hedican, Christopher)
May 9, 2019 Filing 15 JOINT MEDIATION NOTICE - Mediation to be held August 1, 2019 by Gracelynn L. Howard (Schlozman, Heather)
April 16, 2019 Opinion or Order Filing 14 AGREED PROTECTIVE ORDER. The court finds good cause to enter the order submitted by the parties. The court changed the heading of paragraph 18 to delete the word "inadvertent." Signed by Magistrate Judge James P. O'Hara on 04/16/19. (jc)
April 9, 2019 Opinion or Order Filing 13 SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 5/9/2019. Mediation deadline 8/9/2019. Discovery deadline 10/1/2019. Proposed Pretrial Order due by 10/11/2019. Final Pretrial Conference set for 10/24/2019 at 01:00 PM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Dispositive motion deadline 12/2/2019. Jury Trial set for 7/13/2020 at 09:00 AM in KC Courtroom 440 (JWL/KHV) before District Judge Kathryn H. Vratil. Estimated trial time 4-5 days. Signed by Magistrate Judge James P. O'Hara on 4/9/19. (ss)
April 9, 2019 Filing 12 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SCHEDULING CONFERENCE held on 4/9/2019. (AT&T Conference Line.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
April 1, 2019 Filing 11 NOTICE of Service of Defendant's Rule 26(A)(1) Initial Disclosures by Walmart, Inc. (Hedican, Christopher)
April 1, 2019 Filing 10 CERTIFICATE OF SERVICE of Rule 26 disclosures by Gracelynn L. Howard. (Schlozman, Heather)
February 27, 2019 Opinion or Order Filing 9 INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/9/2019 at 11:00 AM by Telephone before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 4/1/2019. Rule 26 Initial Disclosures Deadline set for 4/1/2019. All parties must call the conference line at 1-888-363-4749 and enter access code 8914911 for the conference. Signed by Magistrate Judge James P. O'Hara on 2/27/19. (ss)
February 26, 2019 Filing 8 ANSWER to Complaint by Walmart, Inc..(Hedican, Christopher)
February 4, 2019 Opinion or Order Filing 7 ORDER granting #5 Motion to Appear Pro Hac Vice of Mark J. Goldsmith for Walmart, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 02/04/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn)
January 29, 2019 Opinion or Order Filing 6 ORDER granting #4 unopposed motion for extension of time until February 26, 2019, for defendant to answer or otherwise respond to the complaint. Signed by Magistrate Judge James P. O'Hara on 1/29/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (srj)
January 29, 2019 Filing 5 MOTION for attorney Mark J. Goldsmith to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4697317.) by Defendant Walmart, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Mark J. Goldsmith, #2 ECF Registration Form Mark J. Golsmith)(Hedican, Christopher) (Additional attachment(s) added on 1/29/2019: #3 Ink Signed Affidavit of Mark J. Goldsmith) (gw).
January 29, 2019 Filing 4 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (attorney), by Defendant Walmart, Inc. (referred to Magistrate Judge James P. O'Hara) (Hedican, Christopher)
November 26, 2018 Filing 3 DOCKET ANNOTATION: A redacted version of Exhibit A of #1 Complaint has been added to the entry and is attached to this annotation for noticing purposes ONLY. (ca)
November 26, 2018 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge James P. O'Hara for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
November 26, 2018 NOTICE OF DEFICIENCY - Document (Exhibit A) is not redacted properly. The filing party/attorney is directed to correct the deficiency immediately.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
November 26, 2018 SUMMONS ISSUED as to Walmart, Inc. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)
November 23, 2018 Filing 2 CIVIL COVER SHEET by Plaintiff Gracelynn L. Howard. (Dugan, Mark)
November 23, 2018 Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4642206.), filed by Gracelynn L. Howard. (Attachments: #1 Exhibit A, Charge of Discrimination, #2 Exhibit B, Right-to-sue Notice)(Dugan, Mark) (Additional attachment(s) added on 11/26/2018: #3 Redacted Exhibit A) (ca).

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Defendant: Walmart, Inc.
Represented By: Mark J. Goldsmith
Represented By: Christopher R. Hedican
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Plaintiff: Gracelynn L. Howard
Represented By: Mark V. Dugan
Represented By: Heather J. Schlozman
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