UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)
MEIJER STORES LIMITED PARTNERSHIP )

)
Defendant. )

/

CASE NO. Hon.

i: CV06 :O
Richard Alan Ensle~ U.S. District Judge

Magistrate Judge

COMPLAINT AND JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the bases of religion, and to provide appropriate relief to Debra Kerkstra who was adversely affected by such practices. The EEOC alleges that the Defendant Employer failed to provide a reasonable accommodation to the known religious practices of Kerkstra, who follows the Christian Reformed religion. Additionally, the Defendant Employer unlawfully terminated Kerkstra because her religious practices conflicted with an employment requirement.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(0(1 ) and (3) and 707 (e)

of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5(f)(1) and (3) and 42 U.S.C. 2000e-6(e) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981 a.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Western District of Michigan, Southern Division.
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) and 707(e) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3), and 2000e-6(e).
4. At all relevant times, Defendant, Meij er Stores Limited Partnership (the"Employer"), has continuously been a corporation doing business in the State of Michigan and the City of Plainwell, and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h).

STATEMENT OF CLAIMS

o

More than thirty days prior to the institution of this lawsuit, Debra Kerkstra filed a

charge with the Commission alleging violations of Title VII by Defendant EmplAoyller.

conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since at least May of 2001, Defendant Employer has engaged in unlawful employment practices at its Plainwell, Michigan facility, in violation of Section 703(a), 42 U.S.C.

§ 2000e-2(a), and Section 704(a), 42 U.S.C. § 2000e-3(a). The Defendant’s unlawful employment

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practices include the unlawful failure to provide a reasonable accommodation to the known sincerely held religious beliefs of Kerkstra, to wit: the belief that she should not work on Sundays. Such unlawful employment practices also include terminating Kerkstra because her sincerely held religious belief conflicted with an employment requirement.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Kerkstra of equal employment opportunities and to otherwise adversely affect her status as an employee because of her religion, Christian Reformed.
The unlawful employment practices complained of in paragraph 7 above were intentional.
10. As the result of the unlawful employment practices, Kerkstra has suffered emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment of life.
11. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Kerkstra.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of religion. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for persons of all religions, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to implement an effective religious accommodation policy and
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distribute information about that policy to its employees. D. Order the Defendant Employer to make whole Kerkstra, by providing appropriate
back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
E. Order Defendant Employer to make whole Kerkstra by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above in amounts to be proven at trial.
F. Order Defendant Employer to make whole Kerkstra by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above in amounts to be proven at trial.
G. Order Defendant Employer to pay Kerkstra punitive damages for its malicious or reckless conduct described in paragraph 7 above, in amounts to be proven at trial.
H. Order Defendant Employer to provide training to its supervisors and mangers of their obligations under Title VII to provide religious accommodations.
Grant such further relief as the Court deems necessary and proper in the public interest.
J. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, NICOLAS M. INZEO Acting Deputy General Counsel
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GWENDOLYN YOUNG REAMS Associate General Counsel
OFFICE OF GENERAL COUNSEL
Trial Services Division 1801 "L" Street, N.W. Washington, D.C. 20507
Regional Attorney
STANLEY H. PITTS (P33519) Supervisory Trial Attorney
OMAR WEAVER (P58861) Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETROIT DISTRICT OFFICE Patrick V. McNamara Bldg. 477 Michigan Avenue, Rm. 865 Detroit, Michigan 48226 Telephone: 313/226-3407

 
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.

CASE NO.: 1:02 CV 0650 HON. RICHARD ALAN ENSLEN Magistrate Judge EllenS. Carmody

MEIJER STORES LIMITED PARTNERSHIP,

Defendant. __________________________________!

Stacie R. Behler (P53639) JeffreyS. Rueble (P34570) Meijer- Legal Department 2929 Walker Avenue, N.W. Grand Rapids, MI 49544 (616) 791-5851 Attorneys for Defendant
I
--------------------------------~
Adele Rapport (P44833) Stanley H. Pitts (P33519) Omar Weaver (P58861) Equal Employment Opportunity Commission Detroit District Office 477 Michigan Avenue, Room 865 Detroit, MI 48226 (313) 226-3407 Attorneys for Plaintiff
----------------------------------~/
CONSENT DECREE
This matter is before the Court for entry of this judgment by consent of the parties in
order to effectuate a compromise and settlement of all claims. After careful review and
consideration, the Court believes that entry of this judgment is in the interest ofjustice.

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1. Plaintiff, the United States Equal Employment Opportunity Commission ("the Commission"), commenced the above-entitled action on September 6, 2002, in the United States District Court for the Western District of Michigan, Southern Division, alleging that the Defendant Meijer Stores Limited Partnership ("Meijer"), engaged in discriminatory employment practices in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, by refusing to provide a reasonable accommodation to the religious practices of Debra Kerkstra, who follows the Christian Reformed religion, and by discharging Kerkstra because of her religious beliefs conflicted with an employment requirement.
2. Defendant, Meijer, denies all allegations pertaining to unlawful employment practices alleged in the Commission's Complaint.
3. As a result of settlement discussions, the Commission and Meijer have resolved their differences and have agreed that this action should be settled by entry of this Consent Decree. It is the intent of the parties that this Consent Decree be a final and binding settlement in full disposition of any and all claims alleged against Meijer or which might have been alleged against Meijer in the Complaint filed on behalf of Charging Party Debra Kerkstra.
4. All parties understand and agree that Debra Kerkstra must execute a separate release before payment to her of the funds described in paragraph 14 will be provided. STIPULATED FACTS
5. The Commission is the agency of the United States government authorized by Title VII to investigate allegations of unlawful employment discrimination based on religion, to bring civil actions to prohibit unlawful practices, and to seek relief for individuals affected by such practices.
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6. Meijer is an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U. S. C. Section 2000e-(b), (g), and (h). Meijer has continuously had and does now have at least fifteen (15) employees.
7. Pursuant to Title VII, the parties acknowledge the jurisdiction of the United States District Court of the Western District of Michigan (Southern Division) over the subject matter and of the parties to this case for the purpose of entering this Decree and, if necessary, enforcing this Decree.
8. Venue is appropriate in the Western District of Michigan (Southern Division). For purposes of this Decree and any proceedings related to this Decree only, Meijer agrees that all statutory conditions precedent to the institution of this lawsuit and the Complaint against Meijer have been fulfilled.
9. Meijer has a longstanding, published EEO policy in place, which governs the terms and conditions of employment within all of its stores. FINDINGS
10. Having examined the terms and provisions of the Consent Decree and based on the pleadings, records, and stipulations of the parties, the Court finds the following: A. The Court has jurisdiction over the subject matter of the action and the parties to this action. B. The terms and provisions of this Consent Decree are fair, reasonable, and just. The rights of Meijer and the Commission, and those for whom the Commission seeks relief are protected adequately by this Decree. C. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII, and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII and other
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applicable law and will be in the best interests of the parties and those for whom the Commission seeks relief. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
NON-ADMISSION 11. By entering into this Decree, Meijer does not admit any wrongdoing or violation of Title
VII. The entry of this Decree shall not be construed as an admission by the Commission that any claim asserted by it in this action was not valid or that any defense asserted by Meijer was valid.
NON-DISCRIMINATION 12. Meijer, its officers, agents, employees, successors, assigns and all persons in active
concert or participation with them or any of them shall comply with the provisions of Title VII, 42 U. S. C. §2000e, et seq., with regard to discrimination on the basis of religion.
NON-RETALIATION 13. Meijer shall not take any action against any person, including but not limited to Charging
Party Debra Kerkstra, which constitutes intimidation, retaliation, harassment or interference with the exercise of such person's rights under Title VII because of the filing of charges of discrimination with the Commission, which forms the basis for the present case, or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection with this case under Title VII.
MONETARY COMPENSATION 14. Meijer shall pay monetary compensation to Debra Kerkstra in the amount of Twenty Two
Thousand Dollars ($22,000.00), less any applicable state and federal withholding
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amounts. This monetary compensation shall be paid in one check made payable to Debra Kerkstra, 3968 121st Avenue, Allegan, Ml 49010. Meijer shall mail this payment to Debra Kerkstra by certified mail within fourteen (14) days after this Consent Decree has been entered by the Court. Within sixty (60) days of this payment, Meijer shall send a photocopy of the check sent to Debra Kerkstra, along with a photocopy of the certified mail receipt, to the Commission's attorney of record.
POLICY 15. Pursuant to Meijer's existing EEO policy, Meijer agrees to modify its existing policy
regarding religious discrimination and adopt a procedure pertaining to religious accommodation. This adopted procedure will direct team members with religious accommodation concerns to contact their First Assistant regarding same. If a resolution can not be achieved, this modified procedure will then direct the First Assistant to consult with the Unit Director. If a resolution is still not achieved, the Unit Director will be directed to contact the appropriate Human Resources Personnel to obtain advice and guidance about Title VII and accommodation of religious requests. 16. Meijer will identify within the company's religious accommodation policy, that there are many methods of attempted accommodation, including the possibility of shift trades between employees within the same department, classification, and unit if appropriate. Such trades remain within the sole discretion of the Team Leader, Store Director, and/or Human Resources Personnel and will be determined, as necessary, on a case by case basis. 17. Meijer agrees to publish, company-wide, the adopted written religious accommodation procedure in the manner that it customarily publishes similar policies and procedures. 18. Meijer agrees to provide the Commission with a copy of its written religious
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accommodation policy, within ten (10) days, once it is finalized, adopted, and published. TRAINING
19. Meijer agrees that, consistent with its modified procedure regarding religious discrimination and the adoption of a religious accommodation policy, Meijer will inform all Unit Directors, Team Leaders and Lines Leaders about the details of the modified procedure for handling team member concerns regarding religious accommodation and· discrimination in the same manner it customarily informs such people of similar policies and procedures. Additionally, Meijer shall provide an additional training program to all of its Labor Relations, Team Relations and Office Management and Professional (OMP) Relations Directors, Managers and Specialists ("Human Resources Personnel"). This training will update these individuals on the requirements of the federal equal employment opportunity laws, including Title VII of the Civil Rights Act of 1964, as amended. The training may consist of oral, written and/or video presentations. It should include information regarding the requirements of Title VII including that employers not discriminate against individuals with respect to any terms, conditions, opportunities or privileges of employment or otherwise affect his or her employment status on the basis of religion. Human Resources Personnel shall be trained in providing reasonable accommodation to the religious beliefs of employees. This training is to be conducted by Meijer's in-house legal counsel.
20. Meijer agrees to provide the Commission's counsel of record with s1gn-m sheets reflecting the name and job title of all Human Resource Personnel participating in the above described training. Such training shall be completed not more than one hundred twenty (120) days after entry of this Consent Decree by the Court. Upon completion of this training, Meijer shall certify to the Commission that the above referenced training
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was undertaken and shall provide the Commission with the sign-in sheet mentioned above. Further, Meijer agrees to provide the same training to Human Resource Personnel who are newly hired, promoted, or transferred into the position within sixty (60) days ofhire/promotion/transfer. 20. Meijer agrees that it will also reasonably accommodate religious beliefs of employees through other policies and procedures.
POSTING OF NOTICE 21. Meijer agrees that it shall post copies of the Notice attached as Exhibit 1 at all of its
stores. The Notice shall be posted in a conspicuous location where employee notices are posted. It shall be posted for one (1) year from the date this Decree is entered by the Court. Should the posted Notice become defaced, marred or otherwise made unreadable, Meijer agrees to post a readable copy of the Notice as soon as practical thereafter.
DURATION 22. The injunctive provisions ofthisjudgment shall remain in full force and effect for one (1)
year and shall expire at the first anniversary of the entry ofthis Decree. COVERED LOCATIONS
23. The provlSlons of this Consent Decree and Meijer's adopted procedure regarding religious accommodation shall apply to all Meijer stores throughout Michigan, Ohio, Indiana, Illinois, and Kentucky. DISPUTE RESOLUTION AND COMPLIANCE
24. The Court shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Decree, including the Release and Waiver and its terms as signed by Debra Kerkstra. Upon motion of either party, the Court may schedule a hearing for the purpose of reviewing compliance with this Decree. The parties shall
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engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other thirty (30) days before moving for such review. All parties may conduct expedited discovery under the Federal Rules of Civil Procedure for purposes of determining compliance with this Decree or defending against a claim of non-compliance, with thirty (30) business days notice for depositions, entry to premises and access to documents and, with thirty (30) business days for responses to written discovery.
MISCELLANEOUS 25. Except as expressly provided herein, all parties shall bear their own costs and expenses of
litigation, including attorney fees. 26. This Consent Decree constitutes the entry of final judgment, within the meaning of Rule
54 of the Federal Rules of Civil Procedure, on all claims asserted in or which might have been asserted in this action. This court retains jurisdiction over this matter, however, for the purpose of entering appropriate orders interpreting and enforcing this judgment. 27. If any provision(s) of this Consent Decree is found to be unlawful, only the specific provision(s) in question shall be affected and the other provisions will remain in full force and effect. 28. The terms of this Consent Decree are and shall be binding upon the present and future owners, officers, directors, employees, creditors, agents, trustees, administrators, successors, representatives, and assigns ofMeijer. 29. This Consent Decree, together with the exhibit so attached, constitutes the entire agreement and commitments of the parties. Any modifications to this Decree must be mutually agreed upon and memorialized in a writing signed by Meijer and the Commission.
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30. When this Consent Decree requires or permits the submission by Meijer of any documents to the Commission, if not otherwise indicated in the Decree, they shall be mailed by certified mail to Adele Rapport, Regional Attorney, EEOC, Detroit District Office, 477 Michigan Avenue, Room 865, Patrick V. McNamara Building, Detroit, Michigan 48226.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

MEIJER STORES LIMITED PARTNERSHIP

Regional Attorney
STANLEY H. PITTS (P33519) Supervisory Trial Attorney
OMAR WEAVER (P58861) Trial Attorney
Patrick V. McNamara Federal Building 477 Michigan Avenue, Room 865 Detroit, MI 48226 (313) 226-5274

By:~ STACIE R. BEHLER (P5~639) Senior Counsel
JEFFREY S. RUEBLE (P34570) Assistant General Counsel
2929 Walker Avenue NW Grand Rapids, MI 49544 (616) 791-5851

Dated: __"1-_j_'_,_f_a_J _ _ _ __

Dated: _1--+-{z{-+--o_'3_

IT IS SO ORDERED:
Dated: -Ju-ly-9,-20-03- - - - - -

/s/ Richard Alan Enslen
HONORABLE RICHARD ALAN ENSLEN United States District Judge

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EXHIBIT 1 NOTICE
This Notice is being posted as part of a Settlement Agreement between Meijer Stores Limited Partnership and the United States Equal Employment Opportunity Commission, and to inform you of your rights guaranteed by the federal law under Title VII of the Civil Rights Act of 1964, 42 U. S. C. Section 2000e, et seq. ("Title VII").
Title VII prohibits discrimination against any employee on the basis of religion with regard to any term or condition of employment including hiring, layoff, recall, promotion, discharge, pay, and fringe benefits or in retaliation for the opposition to unlawful employment practices. Title VII also requires an employer to accommodate an employee's or prospective employee's religious observance or practices unless the employer demonstrates that it is unable to do so without undue hardship on the conduct of the employer's business.
The United States Equal Employment Opportunity Commission is the federal agency which investigates charges ofunlawful employment discrimination and, if necessary, brings lawsuits in federal court to enforce the employment provisions of Title VII.
Meijer Stores supports and will continue to comply with this federal law in all respects and will not take any action against any employees because they have exercised their rights under this law.

Dated: - - - - -

By: ______________________________ Meijer Stores Limited Partnership
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 United States District Court for the Western District of Michigan - Dock... https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?949082560776946-L_...

United States District Court Western District of Michigan (Southern Division (1)) CIVIL DOCKET FOR CASE #: 1:02-cv-00650-RAE

CLOSED

Equal Employment Opportunity Commission v. Meijer Stores Lmt. Partnership Assigned to: Senior Judge Richard Alan Enslen Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/06/2002 Date Terminated: 07/09/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-6701 Email: adele.rapport@eeoc.gov TERMINATED: 04/10/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Omar Weaver U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-3407 Email: omar.weaver@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. defendant Meijer Stores Lmt. Partnership

represented by Stacie R. Behler Meijer, Inc. 2929 Walker, NW Grand Rapids, MI 49544 (616) 791-5851 Email: behlers@meijer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 09/06/2002 09/06/2002 09/06/2002 10/01/2002 10/02/2002 10/02/2002 10/08/2002
10/08/2002 10/08/2002 10/31/2002 10/31/2002 11/05/2002 11/11/2002
11/12/2002 11/12/2002

#

Docket Text

1 COMPLAINT with JURY DEMAND against Meijer Stores Lmt. Partnership ; filed by Equal Employment Opportunity Commission (bd, ) (Entered: 09/13/2002)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission (bd, ) (Entered: 09/13/2002)
SUMMONS ISSUED as to Meijer Stores Lmt. Partnership (bd, ) (Entered: 09/13/2002)
2 NOTICE REGARDING PUBLIC ACCESS directed to Adele Rapport (bd, ) (Entered: 10/01/2002)
3 ANSWER to Complaint with Affirmative Defenses by Meijer Stores Lmt. Partnership (mrs, ) (Entered: 10/03/2002)
4 PROOF OF SERVICE by Meijer Stores Lmt. Partnership re 3 (mrs, ) (Entered: 10/03/2002)
5 ORDER Setting Rule 16 Scheduling Conference before Magistrate Judge Ellen S. Carmody: Rule 16 scheduling conference set for 11/5/2002 at 10:00 AM at 654 Federal Building, Grand Rapids, MI; status report due by 10/31/2002; signed by Judge Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 10/08/2002)
Copies of Order Setting Rule 16 Scheduling Conference sent via U.S. Mail to S. Behler, A. Rapport (rlw, ) (Entered: 10/08/2002)
6 NOTICE REGARDING PUBLIC ACCESS directed to S. Behler (rlw, ) (Entered: 10/08/2002)
7 JOINT STATUS REPORT submitted for filing by Meijer Stores Limited Partnership (mrs, ) Modified on 11/4/2002 (mrs, ). (Entered: 11/04/2002)
8 PROOF OF SERVICE by Meijer Stores Lmt. Partnership re 7 (mrs, ) (Entered: 11/04/2002)
9 Minute Entry: Rule 16 Scheduling Conference held before Magistrate Judge Ellen S. Carmody. CMO to follow. (Magistrate Judge Ellen S. Carmody, cr) (Entered: 11/05/2002)
10 CASE MANAGEMENT ORDER: jury trial set for 1/2004 trial session at 174 Federal Building, Kalamazoo, MI; settlement conference set for 6/3/2003 10:00 AM at 654 Federal Building, Grand Rapids, MI; final pretrial conference set for 12/9/2003 10:00 AM at 654 Federal Building, Grand Rapids, MI; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) (Entered: 11/11/2002)
Copies of Case Management Order sent via U.S. Mail to A. Rapport, S. Behler (rlw, ) (Entered: 11/12/2002)
11 ORDER Regarding Settlement Conference; signed by Judge Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 11/12/2002)

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11/29/2002
11/29/2002 12/11/2002 01/21/2003
01/29/2003 01/30/2003 01/30/2003 02/03/2003 02/24/2003 02/26/2003
03/03/2003 03/07/2003 03/07/2003
03/14/2003
03/26/2003
03/26/2003

12 LETTER RETURNING DISCOVERY MATERIAL: Defendant Meijer Stores Limited Partnership's Initial Disclosures Pursuant to FRCP 26(a) returned to atty Behler's office (mrs, ) (Entered: 11/29/2002)
13 PROOF OF SERVICE by Meijer Stores Lmt. Partnership of Initial Discloures Pursuant to FRCP 26(a) (mrs, ) (Entered: 11/29/2002)
14 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for Rule 26(a)(1) Disclosures (mrs, ) (Entered: 12/12/2002)
15 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for first set of interrogatories and requests to produce documents (mrs, ) (Entered: 01/21/2003)
16 PROOF OF SERVICE by Meijer Stores Lmt. Partnership of Notice of Taking Records Deposition and Record Certification (mrs, ) (Entered: 01/30/2003)
17 This document was inadvertantly docketed in this case; it belongs in case 1:01-cv-650 (mdr, ) Modified on 1/31/2003 (mdr, ). (Entered: 01/31/2003)
Document #17 was incorrectly filed in this case; it belongs in case 1:01-cv-650 Remark (mdr, ) (Entered: 01/31/2003)
18 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission Witness List (mrs, ) (Entered: 02/05/2003)
19 PROOF OF SERVICE by defendant Meijer Stores Lmt. Partnership for expert witness list (mrs, ) (Entered: 02/25/2003)
20 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission of Notices for Depositons of Raymond, Fletter and Johnson (mrs, ) (Entered: 02/27/2003)
21 PROOF OF SERVICE by plaintiff Equal Employment Opportunity Commission of Notice of Deposition of Kerkstra (mrs, ) (Entered: 03/04/2003)
22 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission for deposition of Angie Mena (mrs, ) (Entered: 03/11/2003)
23 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission for re-notices for the depositions of Karen Raymond, Stacey Fletter and Kay Johnson (mrs, ) (Entered: 03/11/2003)
24 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission for Notice of Deposition of Angie Mena (rlw, ) (Entered: 03/17/2003)
25 PROOF OF SERVICE by defendant Meijer Stores Lmt. Partnership of responses and objections to first set of interrogatories and request to produce docuements (mrs, ) (Entered: 03/27/2003)
26 PROOF OF SERVICE by defendant Meijer Stores Lmt. Partnership for first set of interrogatories and request for production of documents (mrs, ) (Entered: 03/27/2003)

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03/28/2003
04/01/2003 04/02/2003 04/08/2003 04/11/2003 04/11/2003 04/17/2003 04/18/2003
04/18/2003 04/22/2003
04/22/2003 04/22/2003 04/22/2003 04/30/2003

27 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission for Supplemental Rule 26(a)(1) Disclosures, Rule 26(a)(2) Disclosures of Expert Witness, and Amended Witness List (rlw, ) (Entered: 03/28/2003)
28 PROOF OF SERVICE by defendant Meijer Stores Lmt. Partnership of renotice of deposition for Kerkstra (mrs, ) (Entered: 04/03/2003)
29 PROOF OF SERVICE by defendant Meijer Stores Lmt. Partnership of first set of requests for admissions (mrs, ) (Entered: 04/04/2003)
30 PROOF OF SERVICE by defendant Meijer Stores Lmt. Partnership of Amended Notice of Deposition (mrs, ) (Entered: 04/10/2003)
31 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission of notice of depositions and request #4 for production of documents (mrs, ) (Entered: 04/11/2003)
32 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission of first set of requests for admissions and second set of interrogatories and requests to produce documents (mrs, ) (Entered: 04/11/2003)
34 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission for second set of requests for admissions (mrs, ) (Entered: 04/18/2003)
33 ORDER regarding settlement conference: settlement conference set for 4/30/2003 at 10:00 AM at 114 Federal Building, Kalamazoo, MI before Magistrate Judge Ellen S. Carmody; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 04/18/2003)
Copy of Order Regarding Settlement Conference, 33 sent via U.S. Mail to Behler (mrs, ) (Entered: 04/18/2003)
35 JOINT MOTION for extension of time to complete discovery by plaintiff Equal Employment Opportunity Commission and Meijer Stores; (Attachments: # 1 Exhibit 1# 2 Proposed Order) (mrs, ) Modified on 4/30/2003 (mrs, ). Modified on 4/30/2003 (mrs, ). (Entered: 04/23/2003)
36 BRIEF in support of 35 joint motion to extend discovery filed by Equal Employment Opportunity Commission and Meijer Stores (mrs, ) Modified on 4/30/2003 (mrs, ). (Entered: 04/23/2003)
37 NOTICE of Hearing regarding joint motion to extend discovery by plaintiff Equal Employment Opportunity Commission and Meijer Stores (mrs, ) Modified on 4/30/2003 (mrs, ). (Entered: 04/23/2003)
38 PROOF OF SERVICE by plaintiff Equal Employment Opportunity Commission and Meijer Stores re 35, 36, 37 (mrs, ) Modified on 4/30/2003 (mrs, ). (Entered: 04/23/2003)
39 ORDER requiring proposed consent judgment to be submitted by 5/30/2003, dismissing motion to extend dates 35 as moot; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 04/30/2003)

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04/30/2003 05/01/2003 06/03/2003
06/03/2003 06/03/2003 07/02/2003 07/09/2003 07/09/2003

40 Minutes of settlement conference held before Magistrate Judge Ellen S. Carmody (Court Reporter C. Rather) (Magistrate Judge Ellen S. Carmody, cr) (Entered: 05/01/2003)
Copy of Order Regarding Settlement Papers39 sent via U.S. Mail to atty Behler (mrs, ) (Entered: 05/01/2003)
41 ORDER requiring settlement papers to be submitted by 7/3/2003; if the proposed consent judgment is not timely filed, a telephone status conference with Magistrate Judge Ellen S. Carmody will be held on 7/11/2003 at 9:00 a.m.; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/03/2003)
Copy of Order Regarding Settlement Papers, 41 sent via U.S. Mail to atty Behler (mrs, ) (Entered: 06/03/2003)
Set/Reset hearings: Telephone status conference set for 7/11/2003 at 09:00 AM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; (mrs, ) (Entered: 06/04/2003)
42 PROPOSED STIPULATION and ORDER for consent decree (mj, ) (Entered: 07/07/2003)
43 CONSENT DECREE granting PROPOSED STIPULATED CONSENT DECREE 42; signed by Judge Richard Alan Enslen (Attachments: # 1 Exhibit 1) (Judge Richard Alan Enslen, blb) (Entered: 07/09/2003)
Copy of Order on Stipulation and Proposed Order43 sent via U.S. Mail to atty Behler (mrs, ) (Entered: 07/09/2003)

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