Equal Employment Opportunity Commission v. Wal-Mart Stores East, LP
| Equal Employment Opportunity Commission |
| Wal-Mart Stores East, LP |
| 5:2022cv00252 |
| June 30, 2022 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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This docket was last retrieved on March 4, 2024. A more recent docket listing may be available from PACER.
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Filing 52
Notice filed by Equal Employment Opportunity Commission regarding #44 Second MOTION to Compel . (Kadel, Joshua)
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Filing 51
ORDER granting in part and denying in part #33 Motion to Compel. Signed by US Magistrate Judge Kimberly A Swank on 9/28/2023. (Collins, S)
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Filing 50
Notice of Special Appearance for non-district by Caitlin Schroeder on behalf of Wal-Mart Stores East, LP. (Schroeder, Caitlin)
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Motion Referred to US Magistrate Judge Kimberly A Swank regarding #44 Second MOTION to Compel. (Collins, S)
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Filing 49
RESPONSE in Opposition regarding #44 Second MOTION to Compel filed by Wal-Mart Stores East, LP. (Attachments: #1 Exhibit 1st Supplemental Responses, #2 Exhibit 8/29/23 Email sending production, #3 Exhibit 8/31/23 Email sending production) (Zoeller, Susan)
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Filing 48
ORDER granting #47 MOTION for Extension of Time to File Response as to #44 Second MOTION to Compel (Unopposed). Response due by 8/31/2023. Signed by District Judge Louise Wood Flanagan on 8/25/2023. (Collins, S)
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Filing 47
MOTION for Extension of Time to File Response/Reply as to #44 Second MOTION to Compel (Unopposed) filed by Wal-Mart Stores East, LP. (Attachments: #1 Text of Proposed Order) (Zoeller, Susan)
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Filing 46
ORDER granting #43 Motion to Amend/Correct Case Management Order. The deadline to file dispositive motions shall be January 5, 2024. Signed by District Judge Louise Wood Flanagan on 8/16/2023. (Collins, S)
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Motion Submitted to District Judge Louise Wood Flanagan regarding #43 MOTION to Amend/Correct Case Management Order. (Collins, S)
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Filing 45
Memorandum in Support regarding #44 Second MOTION to Compel filed by Equal Employment Opportunity Commission. (Kadel, Joshua)
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Filing 44
Second MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit EEOC 1st RFP, #2 Exhibit EEOC 2nd ROG, #3 Exhibit EEOC 2nd RFP, #4 Exhibit Def e-mail 6/1/23, #5 Exhibit EEOC e-mail 6/6/23, #6 Exhibit Def e-mail 6/7/23, #7 Exhibit EEOC e-mail 6/9/23, #8 Exhibit EEOC letter 6/23/23, #9 Exhibit EEOC letter 7/10/23, #10 Exhibit EEOC letter 7/21/23, #11 Exhibit EEOC e-mail 7/24/23, #12 Exhibit Def e-mail 7/25/23, #13 Exhibit EEOC letter 7/25/23) (Kadel, Joshua)
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Filing 43
MOTION to Amend/Correct Case Management Order filed by Equal Employment Opportunity Commission. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Amend Scheduling Order) (Kadel, Joshua)
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TEXT ORDER - This matter is before the court upon notice from plaintiff's counsel on July 28, 2023, of a discovery dispute regarding defendant's alleged failure to respond to discovery requests and meet deadlines for response. Having reviewed correspondence between the parties, the court determines that informal conference by telephone is unlikely to aid in resolution of the disputed issues. Accordingly, in this instance, the court dispenses with requirement, set forth in the court's case management order (DE 19) of convening such a conference with the court. If plaintiff wishes to proceed with advancing issues complained of in discovery, plaintiff may file an appropriate motion within 14 days of the date of this order. Signed by District Judge Louise Wood Flanagan on 7/28/2023. (Collins, S)
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Motion Referred to US Magistrate Judge Kimberly A Swank regarding #33 First MOTION to Compel. (Castania, M)
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Motion No Longer Referred: #33 First MOTION to Compel. (Castania, M)
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Motion Referred to US Magistrate Judge Brian S. Meyers regarding #33 First MOTION to Compel. (Collins, S)
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Filing 42
RESPONSE in Opposition regarding #33 First MOTION to Compel filed by Wal-Mart Stores East, LP. (Zoeller, Susan)
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Filing 41
STIPULATED PROTECTIVE ORDER CONCERNING NON-WAIVER OF ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT PROTECTION PURSUANT TO FED. R. EVID. 502(d) AND 502(e) granting #39 Joint Motion for Protective Order. Signed by District Judge Louise Wood Flanagan on 6/30/2023. (Collins, S)
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Filing 40
Proposed Order regarding #39 Joint MOTION for Protective Order Concerning Non-Waiver of Attorney-Client Privilege and Work Product Protection filed by Equal Employment Opportunity Commission. (Kadel, Joshua)
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NOTICE OF DEFICIENCY regarding #39 Motion for Protective Order Proposed Stipulated Protective Order. The proposed form of order does not appear to include language required by Section 12(b) of the court's case management order governing this matter. Counsel must file a corrected proposed order inserting the language accordingly. (Collins, Sandra)
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Filing 39
Joint MOTION for Protective Order Concerning Non-Waiver of Attorney-Client Privilege and Work Product Protection filed by Equal Employment Opportunity Commission. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Stipulated Order) (Kadel, Joshua)
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Filing 38
ORDER granting #35 Joint Motion for Extension of Time to Complete Discovery. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 6/27/2023. (Collins, Sandra)
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Filing 37
ORDER granting #36 Motion for Extension of Time to File Response #33 First MOTION to Compel. Response due by 7/3/2023. Signed by District Judge Louise Wood Flanagan on 6/21/2023. (Collins, S.)
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Motion Submitted to District Judge Louise Wood Flanagan regarding #35 Joint MOTION for Extension of Time to Complete Discovery. (Collins, S.)
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Filing 36
MOTION for Extension of Time to File Response/Reply as to #33 First MOTION to Compel filed by Wal-Mart Stores East, LP. (Attachments: #1 Text of Proposed Order Granting Defendant's Motion for Enlargement of Time to Respond to Plaintiff's Motion to Compel) (Zoeller, Susan)
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Filing 35
Joint MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission. (Attachments: #1 Text of Proposed Order Proposed Order Granting Joint Motion to Amend Scheduling Order) (Kadel, Joshua)
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Filing 34
Memorandum in Support regarding #33 First MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit EEOC 1st ROG, #2 Exhibit EEOC 1st RFP, #3 Exhibit Walmart ROG Answers and Objections, #4 Exhibit Walmart RFP Answers and Objections, #5 Exhibit EEOC 1st Letter to Walmart, #6 Exhibit Walmart 1st Letter to EEOC, #7 Exhibit EEOC 2nd Letter to Walmart, #8 Exhibit Walmart 2nd Letter to EEOC, #9 Exhibit EEOC 3rd Letter to Walmart) (Kadel, Joshua)
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Filing 33
First MOTION to Compel filed by Equal Employment Opportunity Commission. (Kadel, Joshua)
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Filing 32
**CORRECTED AND REFILED AT #34 ** Memorandum in Support regarding #31 First MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit EEOC 1st ROG, #2 Exhibit EEOC 1st RFP, #3 Exhibit Walmart ROG Answers and Objections, #4 Exhibit Walmart RFP Answers and Objections, #5 Exhibit EEOC 1st Letter to Walmart, #6 Exhibit Walmart 1st Letter to EEOC, #7 Exhibit EEOC 2nd Letter to Walmart, #8 Exhibit Walmart 2nd Letter to EEOC, #9 Exhibit EEOC 3rd Letter to Walmart) (Kadel, Joshua) Modified on 6/7/2023 (Collins, S.).
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Filing 31
**CORRECTED AND REFILED AT #33 ** First MOTION to Compel filed by Equal Employment Opportunity Commission. (Kadel, Joshua) Modified on 6/7/2023 (Collins, S.).
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TEXT ORDER - This matter is before the court upon notice from plaintiff's counsel on May 18, 2023, of a discovery dispute regarding the scope of permissible written discovery served by plaintiff upon defendant. Having reviewed plaintiff's first request for production of documents, plaintiff's first set of interrogatories, defendant's objections and responses to the same, and correspondence between counsel, the court determines that informal conference by telephone is unlikely to aid in resolution of the disputed issues. Accordingly, in this instance, the court dispenses with requirement, set forth in the court's case management order DE #19 of convening such a conference with the court. If plaintiff wishes to proceed with advancing issues complained of in discovery, plaintiff may file an appropriate motion within 14 days of the date of this order. Signed by District Judge Louise Wood Flanagan on 5/22/2023. (Collins, S.)
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Filing 29
CONSENT PROTECTIVE ORDER granting #28 Joint Motion for Protective Order. Signed by District Judge Louise Wood Flanagan on 5/11/2023. (Collins, S.)
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Filing 28
Joint MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit Consent Protective Order) (Williams, Samuel)
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Filing 27
Notice of Special Appearance for non-district by Susan M Zoeller on behalf of Wal-Mart Stores East, LP. (Zoeller, Susan)
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Filing 26
ORDER granting #25 Consent MOTION to Amend/Correct #19 Scheduling Order. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 4/26/2023. (Collins, S.)
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Motion Submitted to District Judge Louise Wood Flanagan regarding #25 Consent MOTION to Amend/Correct #19 Scheduling Order. (Collins, S.)
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Filing 25
Consent MOTION to Amend/Correct #19 Scheduling Order, filed by Wal-Mart Stores East, LP. (Attachments: #1 Text of Proposed Order) (Holscher, Paul)
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Filing 24
Notice of Substitution of Counsel filed by Savannah Marie Singletary on behalf of Wal-Mart Stores East, LP substituting for Jason V. Federmack, M. Robin Davis. (Singletary, Savannah)
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Filing 23
Notice of Substitution of Counsel filed by Paul S. Holscher on behalf of Wal-Mart Stores East, LP substituting for Jason V. Federmack, M. Robin Davis. (Holscher, Paul)
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Filing 22
ORDER Appointing Mediator. Steve Dunn appointed. Signed by Peter A. Moore, Jr., Clerk of Court on 12/20/2022. (Collins, S.)
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Filing 21
Selection of Steve Dunn as mediator filed by Equal Employment Opportunity Commission. (Williams, Samuel)
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Filing 20
Notice of Appearance filed by Joshua Kadel on behalf of Equal Employment Opportunity Commission. (Kadel, Joshua)
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NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 12/29/2022. (Collins, S.)
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Filing 19
CASE MANAGEMENT ORDER: Discovery in this case may be governed by a protective order. Discovery due by 6/23/23. Mediation Deadline set for 6/23/23. Motions due by 8/23/23. The parties should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 12/8/22. (Collins, S.)
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Filing 18
Rule 26(f) Report (joint) filed by Equal Employment Opportunity Commission. (Williams, Samuel)
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Filing 17
ORDER granting #16 Joint MOTION for Extension of Time to File the Rule 26(f) Report and Discovery Plan. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 10/21/2022. (Collins, S.)
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Motion Submitted to District Judge Louise Wood Flanagan regarding #16 Joint MOTION for Extension of Time to File the Rule 26(f) Report and Discovery Plan. (Collins, S.)
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Filing 16
Joint MOTION for Extension of Time to File the Rule 26(f) Report and Discovery Plan filed by Wal-Mart Stores East, LP. (Attachments: #1 Text of Proposed Order Granting Joint Motion for Extension of Time to File the Rule 26(f) Report and Discovery Plan) (Davis, Melissa)
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Filing 15
INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 10/19/2022. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 9/14/2022. (Tripp, S.)
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Filing 14
ANSWER to #1 Complaint with Jury Demand and Affirmative Defenses by Wal-Mart Stores East, LP. (Davis, Melissa)
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TEXT ORDER granting Defendant's Consent Motion for Extension of Time #13 . For good cause shown, it is ordered that Defendant has up to and including September 12, 2022, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 8/29/2022. (Hockaday, A.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #13 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Collins, S.)
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Filing 13
Consent MOTION for Extension of Time to File Answer regarding #1 Complaint filed by Wal-Mart Stores East, LP. (Attachments: #1 Text of Proposed Order Granting Defendant's Consent Motion for Extension of Time to Move, Serve an Answer, or Otherwise Plead) (Davis, Melissa)
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Filing 12
Notice of Appearance filed by Jason Vincent Federmack on behalf of Wal-Mart Stores East, LP. (Federmack, Jason)
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Filing 11
Financial Disclosure Statement by Wal-Mart Stores East, LP (Davis, Melissa)
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Filing 10
Notice of Appearance filed by Melissa R. Davis on behalf of Wal-Mart Stores East, LP. (Davis, Melissa)
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Filing 9
Notice filed by Equal Employment Opportunity Commission of Withdrawal of Governmental Counsel. (Williams, Samuel)
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Filing 8
Waiver of Service Returned Executed filed by Equal Employment Opportunity Commission. Wal-Mart Stores East, LP answer due 8/29/22. (Williams, Samuel) Modified on 8/18/2022 (Collins, S.).
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Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.)
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Filing 6
Notice of Appearance filed by Yolanda Warren Brock on behalf of Equal Employment Opportunity Commission. (Brock, Yolanda)
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Filing 5
Notice of Appearance filed by Samuel H. Williams on behalf of Equal Employment Opportunity Commission. (Williams, Samuel)
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Filing 4
Financial Disclosure Statement by Equal Employment Opportunity Commission (Williams, Samuel)
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Filing 3
Notice filed by Equal Employment Opportunity Commission regarding #1 Complaint (Civil Action Cover Sheet). (Williams, Samuel) (Main Document 3 flattened and replaced on 7/6/2022) (Edwards, S.).
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Filing 2
REQUEST FOR WAIVER of Service sent to Wal-Mart Stores East, LP on 06/30/2022 by Equal Employment Opportunity Commission. Waiver of Service due by 8/29/2022. (Attachments: #1 Exhibit Waiver of Summons) (Williams, Samuel)
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Filing 1
COMPLAINT against Wal-Mart Stores East, LP, filed by Equal Employment Opportunity Commission. (Williams, Samuel)
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Notice to Counsel regarding: #3 Notice - other Civil Cover Sheet - Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the civil cover sheet prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
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