-,

r

FILED JUL 19 ·01 PI'! 2 :35 USDCALS
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY 1

COMMISSION,

1

1

Plaintiff,

1

1

vs.

1

1

WAL-MART Stores, Inc. ,

1

1

Defendant.

1

o\- CIVIL ACTION #:

05~d~rnJ-rY

COMPLAINT

JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action brought under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act
•
~
of 1'991 to correct unlawful employment pract:j.ces on the basis of sex; and to provide appropriate relief to Charlene Daugherty and other similarly situated females, the individuals aggrieved by those unlawf~l employment practices.
The Commission alleges that the Defendant WAL-MART Stores, Inc., discriminated against Charlene Daugherty and other similarly situated females, on the basis of sex, female, by subjecting ~hem to a sexually hostile and intimidating work environment in violation of Section 703 "(a) of Title VII. The Commission further alleges that Defendant harassed Charlene Daugherty in retaliation for complaining about the1sexual harassment in violation of Section
!

704{a) of Title VII. And the Commission alleges that Defendant constructively discharged ICharlene Daugherty because of her sex and in retaliation for complaining about the sexual harassment.
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 §§ 703{a), 706 (f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et.seg., and §102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981A (Title VII). 2. The employment practices alleged to be unlawful herein were and are now being committed within the Southern Judicial District of Alabama, Southern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commissionll ), is an 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
§706 (f) (1) and (3) 0 f Tit1e VII , 42 u. S •C• §2 000e - 5 (f) (1) and (3) •
4. At all relevant times, Defendant (the "Employer") has continuously been a corporation doing business in the State of

Alabama and the City of Mobile, and has continuously had at least fifteen (15) employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of §70l(b), (g) and (h) of Title VII, 42 U.S.C. §2000e- (b), (g) and (h).
CONCILIATION 6. Prior to the institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices hereinafter alleged and to effect voluntary compliance with Title VII through the informal methods of conciliation, conference and persuasion within the meaning of §706(b) of Title VII, 42 U.S.C. §2000e-5. All conditions precedent to the institution of this lawsuit have been fulfilled.
STATEMENT OF CLAIM 7. Since at least January, 1998, Defendant Employer has engaged in and is continuing to engage in unlawful employment practices at its Mobile, Alabama, facility, Store No. 866, in violation of §703 (a) (1) of Title VII, 42 U.S.C. §2000e et.seq. Defendant Employer through its agents has subjected Charlene
3

f",
Daugherty and other similarly situated females to a sexually hostile and intimidating iwork environment.
S. The hostile' work environment to which Charlene Daugherty and other similarly situated females were subjected included sexually explicit and implicit language and conduct that was so severe and pervasive as to adversely affect the ter.ms and conditions of the employment of female workers.
9. Charlene Daugherty and other similarly situated females acted reasonably and continuously complained to Defendant of the sexually hostile and intimidating work environment. However, Defendant did not act reasonably to stop or prevent the harassment.
10. Furthermore, Defendant maintained a sexually hostile and intimidating work environment that was so unpleasant or difficult in which to work that a reasonable person in Charlene Daugherty's position would feel compelled to resign, resulting in the constructive discharge of Charlene Daugherty because of her sex in violation of §703(a) of Title VII.
11. Moreover, Defendant harassed and constructively discharged Charlene Daugherty in retaliation for complaining of the harassment in violation of §704(a)of Title VII.
12. The effect of the practices complained of above has been to deprive Charlene Daugherty and other similarly situated females of equal employment opportunities and otherwise adversely
4

affect their status as employees on the basis of sex and on the basis of retaliation.
13. The unlawful employment practices complained of above were intentional.
14. The unlawful employment practices complained of above were done with malice and/or reckless indifference to the federally protected rights of Charlene Daugherty and other similarly situated females.
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 practices which discriminate on the basis of sex or retaliation. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its
I
past and present unlawfut employment practices.
5

C. Grant a judgment requiring Defendant Employer to pay
appropriate back wages in an amount to be determined at trial, and
prejudgment interest to Charlene Daugherty, who was adversely
affected by the unlawful employment practices described above.
D. Order Defendant Employer to make whole Charlene
Daugherty and other similarly situated females by providing compensation for past and!I future pecuniary losses in an amount to
i
be determined at trial.
E. Order the Defendant Employer to make whole Charlene Daugherty and other simI ilarly situated females by providing
compensation for non-pecuniary losses, including pain and sufferI I
ing, emotional distress,i and humiliation in an amount to be
determined at trial.
F. Order Defendant Employer to pay Charlene Daugherty and
other similarly situated females punitive damages for its malicious
I
and/or reckless conduct, ~n an amount to be determined at 'trial.
G. Order Defe~dant Employer to make whole Charlene
I
Daugherty and other similarly situated females, who were adversely
affected by the unlawful Iemployment practices described above, by
I
providing the affirmative relief necessary to eradicate the effects
of its unlawful employmen~ practices, including but not limited to
reinstating Charlene Daugherty into an available position or
: I
awarding front pay in lieu thereof.
6

• H. Grant such further relief as the Court deems necessary
and proper in the public interest. I. Award the ComI mission its costs in this action.
!
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised in this complaint.
Respectfully submitted, GWENDOLYN YOUNG REAMS Acting Deputy General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, Northwest Washington, DC 20507

~~

/

>

/ EUNICE HOLT MORROW

. Senior Trial Attorney

7

•
EQUAL EMPLOYMENT OPPORTUNITY Bir.mingham District Office Ridge Park Place 1130 22~ Street South Suite 2000 Birmingham, AL Telephone: (205) 731-0628
8

 
 FILED JAN 7 '02 Pt'1 1 136 USDCALS

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DMSION

EQUAL ENWLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

DINAH CHARLENE DAUGHERTY, )

)

Plaintiff-Intervenor,

)

)

v.

)

)

WAL-MART STORES, INC.,

)

)

Defendant.

)

CIVIL ACTION NO. 01-0522-BH-M

ORDER

This action is before the Court on a motion (Doc. 8) filed by Dinah Charlene

Daugherty to intervene in this Title VII civil action filed by the EEOC on July 19,2001.

Upon consideration of the motion, the response in opposition (Doc. 10) filed by

defendant Wal-Mart Stores, Inc. ("Wal-Mart"), Daugherty's reply (Doc. 15) and all other

pertinent portions of the record, the Court concludes and it is therefore ORDERED that

the motion to intervene is due to be and is hereby GRANTED. The intervention is both

timely and authorized.

In addition, the Court concludes and it is thus ORDERED that the motion to

withdraw (Doc. 16) filed by Jill Lolley Vincent, one of the counsel of record for the

EEOC is due to be and is hereby GRANTED for the reasons stated in the motion.

DONE this 7th day of January, 2002.

J I f) I I

/\

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
f1lJ]) OS 25 ·01 PI! 3 ·33 USDi..P.LS

EQUAL EMPLOYMENT OPPORTUNITY *

COMMISSION, and DINAH CHARLENE

DAUGHERTY,

*

Plaintiffs,

* CASE NO. CV-2001-0522-MJ-M

vs.

WAL-MART STORES, INC.,

*

U.S. DISTRICT COURT

SOU. DIST. ALA.

FILED IN CLERK'S OFFICE

*

JAN 72002

Defendants,

* CHARLES R. DIARD, JR.

COMPLAINT

CLERK

Jurisdiction and Venue

1. Plaintiff Dinah Charlene Daugherty ("Ms. Daugherty") brings this action pursuant to Title VII of the Civil Rights Act of 1964,42 U.S.C. Sec. 2000e, et seq. as amended by the Civil Rights Act of 1991.
2. Subject matterjurisdiction ofthis Court is invoked pursuant to 28 U.S.C. Sec. 1331 and 1343, 42 U.S.C. Sec. 2000e, et seq.
3. This action is brought within the State where the unlawful employment practice was committed, making venue proper under 42 U.S.C. Section 2000e5(1)(3).

The Parties 4. Plaintiff, Ms. Daugherty, is a female citizen ofthe United States and ofthe State of Alabama. She is a resident of Mobile, Alabama, (Mobile County) which makes her a resident of this District and Division. ' 5. Plaintiff Equal Employment Opportunity Commission ("EEOC") brought suit on July 19, 2001 on behalf of Ms. Daugherty and other similarly-situated female Wal-Mart employees. 6. Defendant Wal-Mart Stores, Inc. ("Wal-Mart"), is an employer within the meaning of Title VII of the 1964 Civil Rights Act and, the 1991 amendments thereto.
Statement of Facts 6. Wal-Mart is located and doing business within this District and Division. 7. Ms. Daugherty was an employee ofWal-Mart within the meaning ofTitle VII of the 1964 Civil Rights Act and the 1991 amendments thereto, up until her constructive discharge in April of 1998. 8. Prior to her constructive discharge from Wal-Mart, Ms. Daugherty was employed as a retail sales representative at Wal-Mart Store No. 866 in Mobile, Alabama (Mobile County). She began work for Wal-Mart on September 13, 1997. 9. From January 1998 through the date of her constructive discharge, WalMart engaged in unlawful employment practices against Ms. Daugherty at its Mobile, Alabama, store No. 866, in violation of Sec. 703(a)(1) of Title VII, 42 U.S.C. Sec. 2000e et seq. Wal-Mart through its agents subjected Ms. Daugherty to a

.
sexually hostile and intimidating work environment. 10. The hostile work environment to which Ms. Daugherty was subjected
included sexually explicit and implicit language and conduct that was so severe and pervasive as to adversely affect the terms and conditions of the employment of Ms. Daugherty.
11. Ms. Daugherty acted reasonably and she continuously complained to Wal-Mart of the sexually hostile and intimidating work environment. However, Wal-Mart did not act reasonably to stop and/or prevent the harassment.
12. Furthermore, Wal-Mart maintained a sexually hostile and intimidating work environment that was so unpleasant or difficult in which to work that a reasonable person in Ms. Daugherty's position would feel compelled to resign, resulting in the constructive discharge of Ms. Daughterty because of her gender in violation of Sec. 703(a) of Title VII.
13. The effect of the practices complained of above has been to deprive Ms. Daugherty ofequal employment opportunities and otherwise adversely her status as an employee on the basis of her gender and on the basis of retaliation.
14. The unlawful practices complained of were intentional. 15. The unlawful practices complained of were done with malice and/or reckless indifference to the federally protected rights of Ms. Daugherty.

CLAIM I Title VII - Sexual Harassment 16. Ms. Daugherty realleges and incorporates herein by reference all paragraphs above. 17. Ms. Daugherty was subjected to sexual harassment in violation of Title VII. 18. Ms. Daugherty was subjected to offensive sexual language and touching by a co-employee, Carl Beard, from January to approximately May, 1998. 19. Wal-Mart knew or should have known that Mr. Beard had a history of sexually harassing behavior. 20. Ms. Daugherty told Mr. Beard to stop, and reported the harassment to Wal-Mart supervisory employees on more than one occasion, which said supervisory employees did nothing to attempt stop the harassment, and/or unreasonably delayed in attempting to stop the harassment. 21. In taking the above-described actions, Wal-Mart intentionally retaliated against Ms. Daugherty because she reported the sexual harassment. The actions of Wal-Mart were taken with malice or reckless indifference to the federally protected rights of Ms. Daugherty. 21. As a proximate consequence ofWal-Mart's actions and the violation of Title VII, Ms. Daugherty has lost income and benefits, suffered mental anguish and emotional distress, and suffered other injuries and damages. 22. As a proximate consequence ofWal-Mart's actions and the violation of

Title VII, Ms. Daugherty has lost income and benefits, suffered mental1 anguish and emotional distress, and suffered other injuries and damages.
23. Ms. Daugherty has satisfied all administrative prerequisites to bringing this claim. On or about June 11, 1998, Ms. Daugherty filed a Charge of Discrimination with the EEOC, which was filed within 180 days of the commission of the most recent unlawful employment practice that had occurred at that time. On July 19, 2001, the EEOC filed suit against Wal-Mart on the basis of Ms. Daugherty's Charge of Discrimination against Wal-Mart. A complaint in intervention was timely filed.
WHEREFORE, Ms. Daugherty respectfully requests that this Court grant the following relief:
A. Grant Ms. Daugherty a declaratoryjudgment that the practices complained of herein are violative of the provisions of Title VII of the Civil Rights Act of 1964, and the 1991 amendments thereto;
B. Grant Ms. Daugherty an order enjoining Wal-Mart and all persons acting in concert with Wal-Mart from engaging in discriminatory employment practices on the basis of gender;
C. Grant Ms. Daugherty an appropriate amount of back pay and other damages which she was discriminatorily denied;
D. Grant Ms. Daugherty an award of compensatory damages,

· .t
including but not limited to an award for mental anguish and emotional distress, as well as punitive damages; E. Award Ms. Daugherty her costs and expenses, including an award of reasonable attorney's fees; and, F. Award such other relief as may be appropriate.
CLAIM II Title VII - Retaliation 24. Ms. Daugherty realleges and incorporates herein by reference all paragraphs above. 25. Ms. Daugherty has been intentionally retaliated against in violation of Title VII based on the following: A. Ms. Daugherty reported the sexual harassment against her to supervisory Wal-Mart employees on more than one occasion B. Said supervisory Wal-Mart employees did nothing or delayed in attempting to stop the sexual harassment. C. After reporting the sexual harassment, Wal-Mart supervisory employees engaged in acts of retaliation against Ms. Daugherty which included, but were not limited to, discriminating against her with regard to the terms of her employment, to wit, assignment working areas, hours, and dates. 26. In taking the above-described actions, Wal-Mart intentionally retaliated against Ms. Daugherty because she reported the above-mentioned sexual

harassment. The actions of Wal-Mart were taken with malice or reckless indifference to the federally protected rights of Ms. Daugherty.
WHEREFORE, Ms. Daugherty respectfully requests that this Court grant the following relief:
A. Grant Ms. Daugherty a declaratoryjudgment that the practices complained of herein are violative of the provisions of Title VII of the Civil Rights Act of 1964, and the 1991 amendments thereto;
B. Grant Ms. Daugherty an order enjoining Wal-Mart and all persons acting in concert with Wal-Mart from engaging in discriminatory employment practices on the basis of gender;
C. Grant Ms. Daugherty an appropriate amount of back pay and other damages which she was discriminatorily denied;
D. Grant Ms. Daugherty an award of compensatory damages, including but not limited to an award for mental anguish and emotional distress, as well as punitive damages;
E. Award Ms. Daugherty her costs and expenses, including an award of reasonable attorney's fees; and,
F. Award such other relief as may be appropriate.
PLAINTIFF DEMANDS TRIAL BY STRUCK JURY ON ALL CLAIMS SO TRIABLE

Respectfully submitted,
1~(!;'~1#IPc-
HARRY V. ATTERWHITE (SATTH4909) C. MARK ERWIN (ERWIC5883) Attorneys for Plaintiff
Of Counsel:
SATTERWHITE & ERWIN, L.L.C. P. O. Box 1308 Mobile, AL 36633-1308 (251) 432-8120
CERTIFICATE OF SERVICE
I do hereby certify that I have on this the '2~'fU day of txJfb~efZ.., 2001
served a copy of the foregoing pleading on:
Charles E. Guerriier Jill Lolley Vincent Valarie Hicks Powe Eunice Morrow Equal Employment Opportunity Commission 1130 22nd Street South, Suite 2000 Birmingham, AL 35205-2881
Jeffery Carr Robby Steel Carr, Allison, Pugh, Howard, Oliver and Sisson, P.C. P.O. Box 1126 Daphne, AL 36526

 
 FILED JUL 23 »02 PM 2 :27 USDCAlS
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

DINAH CHARLENE DAUGHERTY, )

)

Plaintiff-Intervenor,

)

)

v.

)

)

WAL-MART STORES, INC.,

)

)

Defendant.

)

CIVIL ACTION NO. Ol-0522-BH-M

ORDER

This case has been settled. It is, therefore, ORDERED that this case be

DISMISSED from the active docket ofthe Court, with prejudice, PROVIDED that

either party may reinstate the case within fifteen (15) days from the date ofthe entry of

this order if the settlement agreement is not consummated.

No other order shall be forthcoming from the Court except upon application by

either party for final judgment as prescribed by Rule 58 ofthe Federal Rules of Civil

Procedure.

Each party shall bear their own costs unless otherwise agreed upon by the parties.

DONE this 23rd day ofJuly, 2002.

lcJ J1 ~.·-f
SENIOR DISTRICT JUDGE

 
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CLOSED2002, JURY, R16MLD
U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:01-cv-00522-BH-M

Equal Employment Opp v. Wal-Mart Stores, Inc Assigned to: Senior Judge W. B. Hand Referred to: Magistrate Judge Bert W. Milling, Jr Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 07/19/2001 Date Terminated: 07/23/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Charles Guerrier Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2044 Email: charles.guerrier@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eunice H. Morrow Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-731-0628 Fax: 2057312101 Email: eunice.morrow@eeoc.gov ATTORNEY TO BE NOTICED

Jill Lolley Vincent Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-731-0628 Fax: 2057312101 TERMINATED: 01/07/2002 ATTORNEY TO BE NOTICED

Valerie Hicks Powe Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2046

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V. Defendant Wal-Mart Stores, Inc
Intervenor Defendant Wal-Mart Stores, Inc
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Email: valerie.powe@eeoc.gov ATTORNEY TO BE NOTICED
represented by Charles F. Carr Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C. P.O. Box 1126 Daphne, AL 36526 (251) 626-9340 Email: cfc@carrallison.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey Byron Carr Carr, Allison, Pugh, Oliver & Sisson, P.C. 100 Vestavia Pkwy, Ste. 200 Birmingham, AL 35216 (205) 822-2006 ATTORNEY TO BE NOTICED
Robbie Steele Martin Constangy, Brooks & Smith One Federal Place, Suite 900 1819 Fifth Ave. North Birmingham, AL 35203 (205) 252-9321 Fax: (205) 323-7674 Email: rmartin@constangy.com ATTORNEY TO BE NOTICED
Thomas L. Oliver, II Carr, Allison, Pugh, Oliver & Sisson, P.C. 100 Vestavia Pkwy, Ste. 200 Birmingham, AL 35216 (205) 822-2006 Email: tlo@carrallison.com ATTORNEY TO BE NOTICED
represented by Charles F. Carr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey Byron Carr (See above for address)
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Intervenor Plaintiff Dinah Charlene Daugherty

ATTORNEY TO BE NOTICED
Robbie Steele Martin (See above for address) ATTORNEY TO BE NOTICED
Thomas L. Oliver, II (See above for address) ATTORNEY TO BE NOTICED
represented by Harry V. Satterwhite P.O. Box 1308 Mobile, AL 36633 (334) 432-8120 Fax: 2514320714 Email: harry@satterwhite-erwin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charldon Mark Erwin Satterwhite & Erwin, L.L.C P.O. Box 1308 Mobile, AL 36633-1308 251-432-8120 Fax: 2514320714 Email: mark@satterwhite-erwin.com ATTORNEY TO BE NOTICED

Date Filed 07/19/2001 07/27/2001 07/31/2001 08/03/2001
09/21/2001
09/27/2001

#

Docket Text

1 COMPLAINT filed; FILING FEE $ waived (clr) (Entered: 07/25/2001)
2 Notice of Assignment to Mag. Judge Bert W. Milling Jr. for trial. Copies mailed 7/27/01 (clr) (Entered: 07/27/2001)
3 Notice of filing WAIVER OF SERVICE Returned Executed as to Wal-Mart Stores, Inc (mca) (Entered: 08/01/2001)
4 REQUEST FOR WAIVER of Service as to Wal-Mart Stores, Inc mailed 7/26/01 ; Answer deadline projected for 9/24/01 for Wal-Mart Stores, Inc ; Waiver of Service due by 8/27/01 for Wal-Mart Stores, Inc (clr) (Entered: 08/07/2001)
5 ANSWER to Complaint by Wal-Mart Stores, Inc (Attorney Charles F. Carr, Jeffrey Byron Carr, Thomas L. Oliver II, Robbie Steele Martin), (clr) (Entered: 09/26/2001)
6 PRELIMINARY SCHEDULING ORDER entered by Mag. Judge Bert W. Milling Jr. Report of Parties Planning Meeting due 11/13/01 ; Copies mailed/sfaxed 9/27/01 (clr) (Entered: 09/27/2001)

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09/27/2001 10/02/2001 10/26/2001 11/02/2001
11/09/2001 11/13/2001 11/15/2001
11/20/2001 11/27/2001
11/30/2001 11/30/2001 12/03/2001 12/18/2001 12/18/2001 01/03/2002

Local Rule 3.4 and Disclosure Form mailed. Disclosure Statement due 10/9/01 for Wal-Mart Stores, Inc (clr) (Entered: 09/27/2001)
7 Disclosure Statement filed by Wal-Mart Stores, Inc; referred to M/J Milling. (clr) (Entered: 10/03/2001)
8 MOTION to Intervene filed by Dinah Charlene Daugherty ; referred to M/J Milling. (clr) (Entered: 10/29/2001)
9 ORDER, Response to Motion set to 11/9/01 for [8-1] motion to Intervene filed by Dinah Charlene Daugherty If no objection is filed, the motion will be granted. Counsel for Dinah Daugherty is instructed that all signatures on documents filed with Court should be original-not stamped. Any future filings having stamped signatures will be stricken. ( signed by Mag. Judge Bert W. Milling Jr. 11/2/01) Copies faxed 11/5/01 (clr) (Entered: 11/05/2001)
10 OBJECTION by Wal-Mart Stores, Inc to [8-1] motion to Intervene filed by Dinah Charlene Daugherty; referred to M/J Milling. (clr) (Entered: 11/13/2001)
11 MOTION by Wal-Mart Stores, Inc to Extend Time for Filing Report of Parties' Planning Meeting ; referred to M/J Milling. (clr) (Entered: 11/14/2001)
12 ORDER GRANTING [11-1] motion to Extend Time for Filing Report of Parties' Planning Meeting reset Report of parties deadline to 11/20/01 , Pltf and proposed Intervenor Dinah Daugherty are to file a response to Deft's Objection to Dinah Daugherty's Motion to Intervene nlt 11/30/01 ( signed by Mag. Judge Bert W. Milling Jr. 11/15/01) Copies mailed/sfaxed 11/16/01 (clr) (Entered: 11/16/2001)
13 REPORT of Planning Meeting filed by parties; referred to M/J Milling. (clr) (Entered: 11/20/2001)
14 ORDER, set Consent Notice Deadline to 12/7/01 If written consent is not filed by 12/7/01, the Clerk is directed to reassign this action to a U. S. District Judge ( signed by Mag. Judge Bert W. Milling Jr. 11/27/01) Copy of order and consent form mailed/sfaxed to counsel 11/30/01 (clr) (Entered: 11/30/2001)
15 RESPONSE by Dinah Charlene Daugherty to [10-1] Defendant's Objection to Plaintiff's Motion to Intervene; referred to M/J Milling. (clr) (Entered: 12/04/2001)
15 MOTION by Dinah Charlene Daugherty for Permissive Intervention by Dinah Charlene Daugherty ; referred to M/J Milling (clr) (Entered: 12/04/2001)
16 MOTION by Jill Lolley Vincent to Withdraw as Attorney for Equal Employment Opportunity ; referred to M/J Milling. (clr) (Entered: 12/04/2001)
CASE reassigned to Senior Judge W. B. Hand, Notices mailed 12/19/01 (clr) (Entered: 12/18/2001)
CASE ASSIGNED to Mag. Judge Bert W. Milling Jr. (clr) (Entered: 12/18/2001)
17 SCHEDULING ORDER setting Discovery cutoff 5/31/02 ; Deadline for filing dispositive motions 6/21/02 ; Joining of parties,amending of pleadings on 1/22/02 ; Settlement Position due 5/31/02 Jury Trial set for 9:00 9/4/02 ; Jury Selection set for 9:00 9/4/02 Pretrial conference for 9:30 8/21/02 ; before Senior Judge W. B. Hand ; ( signed by Mag. Judge Bert W. Milling Jr. ) (tgw) (Entered:

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01/07/2002
01/07/2002 01/29/2002 04/26/2002 05/08/2002
05/15/2002 05/15/2002 07/02/2002 07/12/2002 07/22/2002

01/04/2002)
18 ORDER GRANTING [8-1] motion to Intervene filed by Dinah Charlene Daugherty, GRANTING [15-1] motion for Permissive Intervention by Dinah Charlene Daugherty, GRANTING [16-1] motion by Jill Lolley Vincent to Withdraw as Attorney for Equal Employment Opportunity (Terminated attorney Jill Lolley Vincent for Equal Employment Opp ( signed by Senior Judge W. B. Hand ) copies mailed (tgw) (Entered: 01/07/2002)
19 Intervenor's COMPLAINT against Wal-Mart Stores, Inc (tgw) (Entered: 01/30/2002)
20 ANSWER by Wal-Mart Stores, Inc to [19-1] intervenor complaint (tgw) (Entered: 01/30/2002)
21 MOTION by Equal Employment Opp to Amend [17-1] Scheduling Order & for adjustment of Discovery Deadlines ; ref to J/Milling on 4/26/02 (sdb) (Entered: 04/26/2002)
22 ORDER, Telephone Conference to RECONVENE at 8:30 on 5/15/02 The parties are to attempt to settle this discovery matter before the conference. The parties ARE ALSO ORDERED TO SEND TO THE CLERK ALL NOTICES FOR DISCOVERY PREVIOUSLY DONE & ENSURE THAT SUCH NOTICES ARE SENT TO THE COURT IN THE FUTURE. ( signed by Mag. Judge Bert W. Milling Jr. ) copies to parties (tgw) (Entered: 05/09/2002)
23 ORDER, Parties & their counsel are to be present at the Settlement Conference scheduled for 9:00 on 7/1/02 , set deadline for 5:00 on 6/26/02 for counsel for each party to submit to the undersigned IN CHAMBERS a CONFIDENTIAL SETTLEMENT STATEMENT as further set out ; (signed by Mag. Judge Bert W. Milling Jr.); copies mailed (sdb) (Entered: 05/16/2002)
24 ORDER - All discovery & other deadlines set out in the Rule 16(b) Scheduling Order (doc. 17) are hereby STAYED pending the settlement conference scheduled for 7/1/02. If this action is not settled, an Amended R16(b) will be entered.; (signed by Mag. Judge Bert W. Milling Jr.); copies mailed (sdb) (Entered: 05/16/2002)
25 ORDER, After conducting a settlement conference all day 7/1/02, it was decided to continue it. reset Settlement Conference for 9:00 on 7/15/02 ; (signed by Mag. Judge Bert W. Milling Jr.); copies mailed (sdb) (Entered: 07/03/2002)
26 ORDER, By telephone, counsel for plf EEOC & Dft have requested a continuance of the stlmt cnf presently set for 7/15/02 a 9:00. The request is GRANTED. reset Settlement Conference for 9:00 on 7/22/02 in chambers if the action is not settled in the interim ; (signed by Mag. Judge Bert W. Milling Jr.); copies mailed (sdb) (Entered: 07/12/2002)
27 ORDER - At the conclusion of the settlement conference this date, the parties notified the Court that this action has settled. The parties request the Court to enter an order dismissing this action with prejudice (signed by Mag. Judge Bert W. Milling Jr.) copies to parties (tgw) (Entered: 07/22/2002)

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ALS District Version 3.0 Live - Docket Report

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?120475283815972-L_3...

07/23/2002
07/23/2002 08/06/2002
08/08/2002
01/17/2003 01/21/2003 05/16/2005

28 ORDER entered that this case is DISMISSED WITH PREJUDICE subject to the right of either party to reinstate the action within 15 days should the settlement not be consummated. ( signed by Senior Judge W. B. Hand ) copies to counsel (srr) (Entered: 07/23/2002)
Case closed (srr) (Entered: 07/23/2002)
29 MOTION by Dinah Charlene Daugherty to Extend Time by which the parties may reinstate the case until such time as an agreement can be had b/t the parties re: language of the Confidential Full & Final Release of all claims ; ref to J/Hand (sdb) (Entered: 08/07/2002)
30 ORDER GRANTING [29-1] motion to Extend Time by which the parties may reinstate the case. The Order dated 7/23/02 (Doc. 28) is AMENDED to substitute 8/14/02 in lieu of the 15 days permitted for reinstatement of the action. ( signed by Senior Judge W. B. Hand ) copies to parties (tgw) (Entered: 08/09/2002)
31 MOTION by Wal-Mart Stores, Inc to Unseal the Transcript of the Settlement Agreement ; ref to J/Milling on 1/17/03 (sdb) (Entered: 01/17/2003)
32 NOTICE entered, endorsed GRANTING [31-1] Motion to Unseal the Transcript of the Settlement Agreement; (signed by Mag. Judge Bert W. Milling Jr.); copies mailed (sdb) (Entered: 01/21/2003)
33 Mail Returned as Undeliverable as to Valerie Hicks Powe re 32 Order (srr, ) (Entered: 05/16/2005)

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