Case 8:04-cv-01862-SDM-MSS Document 1 Filed 08/12/2004 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

WAL-MART STORES, INC.,

)

)

)

Defendant.

)

)

)

__________________________________________/

CIVIL ACTION NO.:
COMPLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

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 basis of sex, and to provide

appropriate relief to Linda Gliotti, Virginia Rylance, and any other similarly situated individuals who

were adversely affected by such practices. As stated with greater particularity in paragraph 7 below,

the United States Equal Employment Opportunity Commission alleges that Linda Gliotti, Virginia

Rylance and other similarly situated individuals were subjected to sexual harassment by Defendant’s

Grocery Manager. The conduct was sufficiently severe and pervasive to constitute an intimidating,

hostile and offensive work environment. The Commission further alleges that, as a result of the

hostile environment, the conditions of Virginia Rylance’s employment were so intolerable that she

was forced to resign.

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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 Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Tampa Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission (the “EEOC” or 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) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Wal-Mart Stores, Inc. (the “Employer”), has continuously been an Arkansas corporation doing business in the State of Florida and the City of Bradenton, 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 6. More than thirty days prior to the institution of this lawsuit, Linda Gloitti and Virginia Rylance each filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
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7. Since at least April, 2001, Defendant Employer has engaged in unlawful employment practices at its Bradenton, Florida store, in violation of Section 703(a) of Title VII and 42 U.S.C. § 2000e-2(a).
a. Linda Gliotti was subjected to sexual harassment by Defendant’s Grocery Manager in the form of unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The harassment included, but was not limited to, touching, grabbing and fondling of her breasts and vagina; sexually suggestive comments; requests for sex; simulation of masturbation by Defendant’s Grocery Manager, and the exposure of his penis.
b. Defendant Employer is liable for the unlawful sexual harassment to which it subjected Linda Gliotti during her employment.
c. Virginia Rylance was subjected to sexual harassment by Defendant’s Grocery Manager in the form of unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The harassment included, but was not limited to, touching, grabbing and fondling of her buttocks and vagina; sexually suggestive comments; requests for sex; and the simulation of masturbation by Defendant’s Grocery Manager while grabbing his erect penis.
d. Defendant Employer is liable for the unlawful sexual harassment to which it subjected Virginia Rylance during her employment.
e. On or about January 12, 2003, Virginia Rylance was forced to resign her position
3

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because the conditions of her employment were so intolerable that a reasonable person subjected to the same or similar conduct would have been compelled to resign. f. Other similarly situated female employees of the Defendant Employer were subjected to sexual harassment by Defendant’s Grocery Manager in the form of unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. Defendant Employer is liable for the unlawful sexual harassment to which it subjected other similarly situated females to during their employment. 8. The effect of the conduct complained of in paragraph 7 above has been to deprive Linda Gliotti and Virginia Rylance and other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees on the basis of sex. 9. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Linda Gliotti and Virginia Rylance and other similarly situated individuals.
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 sexual harassment, or any other employment practice which discriminates on the basis of sex.
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B. Order Defendant Employer to institute and carryout policies, practices, and programs which provide equal employment opportunities for all its employees regardless of sex, and which eradicate the effects of its past unlawful employment practices.
C. Order Defendant Employer to make whole Virginia Rylance and any other similarly situated individuals 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, including but not limited to, reinstatement, rightful place promotion, job search expenses and/or front pay.
D. Order Defendant Employer to make whole Linda Gliotti, Virginia Rylance and any other similarly situated individuals by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above including, but not limited to, medical expenses and out of pocket losses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Linda Gliotti, Virginia Rylance, and any other similarly situated individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above including, but not limited to, emotional pain, suffering, humiliation, inconvenience, loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Employer to pay Linda Gliotti, Virginia Rylance and any other similarly situated individuals punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
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H. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully Submitted,
ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
MICHAEL J. FARRELL Supervisory Trial Attorney
s/ Kenneth L. Gillespie KENNETH L. GILLESPIE Trial Attorney Florida Bar. No. 0083054 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE One Biscayne Tower 2 South Biscayne Boulevard Suite 2700 Miami, Florida 33131 Phone: (305) 530-6006 Fax: (305) 536-4494 E-mail: kenneth.gillespie@eeoc.gov
6

 
 Case 8:04-cv-01862-SDM-MSS Document 44 Filed 12/30/2005 Page 1 of 4

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

v.

Case No.: 8:04-cv-1862-T-23MSS

WAL-MART STORES, INC.,

Defendant. _____________________________________/

ORDER

This is before the Court for consideration of Defendant’s Motion to Compel

Independent Mental Examinations of Claimants Virginia Rylance and Linda Gliotti and

Motion to Extend Time for Submission of Expert Report (Dkt. 37) and Plaintiff’s response

in opposition thereto (Dkt. 38).

The Equal Employment Opportunity Commission (“EEOC”) filed this lawsuit on

August 12, 2004, to correct Wal-Mart’s alleged unlawful employment practices on the basis

of sex, and to provide appropriate relief to the named individuals in this case, Ms. Virginia

Rylance and Ms. Linda Gliotti. On December 3, 2004, the parties submitted their joint Case

Management Report (Dkt. 9). On October 28, 2004, the District Judge entered his Case

Management and Scheduling Order for this case, adopting the deadlines proposed by the

parties unless otherwise noted (Dkt. 10). The Case Management and Scheduling Order

sets the date for expert disclosures and exchange of initial expert reports for August 31,

2005. Rebuttal expert witness identification and exchange of rebuttal expert reports was

1

Case 8:04-cv-01862-SDM-MSS Document 44 Filed 12/30/2005 Page 2 of 4
set for September 30, 2005, and discovery cut-off set for October 31, 2005. The Pre-trial conference in this case is scheduled for February 9, 2006. Trial of this action is currently set for the March 6, 2006, trial term.
Defendant asks the Court to compel the independent medical examinations (“IMEs”) of Ms. Rylance and Ms. Gliotti before Dr. Barbara Stein, M.D., P.A., so that the “existence, nature, severity, and extent of the mental injuries that [the EEOC] claims Ms. Rylance and Ms. Gliotti suffered” as a result of Wal-Mart’s alleged actions can be determined (Dkt. 37 at 1). Defendant claims that it began as early as August 2005 to discuss scheduling the IMEs with Plaintiff’s counsel and continued these discussions until Plaintiff’s counsel agreed on November 3, 2005, that Ms. Rylance and Ms. Gliotti would undergo the IMEs on January 4 and 5, 2005. Defendant informs the Court that despite this agreement, Plaintiff’s counsel changed her position on the IMEs on November 14, 2005, informing Defendant that the prior agreement to produce Ms. Rylance and Ms. Gliotti for the IMEs was withdrawn. Defendant further informs the Court that although discovery in this case officially closed on October 31, 2005, the parties have been engaging in continued discovery by mutual consent and Court approval, including Plaintiff taking the depositions of key Wal-Mart personnel in November 2005 and early January 2006. Finally, Defendant asks the Court to extend the time for submission of expert reports “until a reasonable period of time following the examinations” (Dkt. 37 at 2).
Plaintiff’s counsel claims that Defendant did not comply with the Court’s deadlines imposed in the Case Management and Scheduling Order when it failed to designate Dr. Stein as an expert in this case by the August 31, 2005, deadline for expert disclosure. Plaintiff’s counsel further claims that Defendant’s Motion to Compel should be denied
2

Case 8:04-cv-01862-SDM-MSS Document 44 Filed 12/30/2005 Page 3 of 4
because granting Defendant’s Motion would necessitate altering this case’s pre-trial and trial deadlines. Plaintiff’s counsel disagrees with Defendant’s account of the IME discussions as set forth in its Motion. Specifically, Plaintiff’s counsel states that the EEOC “does not have any record or recollection” of engaging in IME discussions with Defendant’s counsel prior to October 10, 2005.
Upon review of Defendant’s Motion and Plaintiff’s response, the Undersigned finds that Defendant has shown the good cause necessary for the Court to order that Plaintiff’s counsel produce Ms. Rylance and Ms. Gliotti for the scheduled IMEs. Plaintiff’s counsel previously agreed to produce them for IMEs and thus, the arguments against participating in the IMEs presented are not substantive, but rather are based entirely on strict compliance with Case Management and Scheduling deadlines. Plaintiff’s new found desire to strictly enforce the Case Management and Scheduling deadlines in this case is disingenuous, especially when it appears that Plaintiff’s actions contributed to the delay in scheduling the IMEs at issue. The Court does note that Plaintiff is correct that Defendant did not specifically designate Dr. Stein as an expert in this case by August 31, 2005; however, Defendant’s failure to do so is not overly prejudicial to Plaintiff at this point in the litigation. In light of the above, and with agreement from the District Judge, it is ORDERED that:
1. Ms. Rylance and Ms. Gliotti shall appear for their IMEs as scheduled for January 4 and 5, 2006, before Dr. Stein. If these dates are no longer available, Defendant shall schedule the IMEs no later than January 31, 2006;
2. Expert report submissions are due no later than thirty days thereafter, with rebuttal witness identification and rebuttal expert reports due no later than 3

Case 8:04-cv-01862-SDM-MSS Document 44 Filed 12/30/2005 Page 4 of 4
fifteen days following the submission of the expert reports; 3. The pre-trial conference in this case is now rescheduled for April 3, 2006; 4. This case is rescheduled for trial during the May 1, 2006, trial term; and, 5. The parties shall bear their own costs and fees associated with the bringing
of this motion. DONE and ORDERED in Tampa, Florida on this 30th day of December 2005.
Copies to: Counsel of Record

 
 Case 8:04-cv-01862-SDM-MSS Document 67-2 Filed 08/31/2006 Page 1 of 12 Case 8:04-cv-01862-SDM-MSS Document 66 Filed 08/23/2006 Page 1 of 12

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITEDSTATESEQUALEMPLO~ OPPORTUNITY COMMISSIONt
Plaintiff.

CIVll. ACTION NO. 8:04-CV -01862-SDM-MSS

v.

VlAI,MART STORES, INC.,

Defendant.
--------------------------------~'
CONSENT DECREE

1. Tiris Consent De.cree (the "Decree..) is made and entered into by and between

Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the

"Commission" or"EEOC"). and Defendant, Wal-Mart Stores, Inc. (hereinafter referred to as ..\Val-

Mart" or Defendant"). The Commission and Defendant are collectively referred to herein as ·"the

Parties.H

2. On August 12, 2004, EEOC initiated Civil Action 8:04-CV-01862-SDM-MSS by filing its Complaint in the United Stales District Court for the Middle District of Florida, Tampa Division, based upon charges filed by Virginia Rylance and Linda Oliotti. EEOC's Complaint alleges that Defendant violated Title VIT ofthe Civil Rights Act of 1964, as amended, including but not limited to, amendments authorized by the Civil Rights Act of 1991, 42 U.S.C. Section 2000 et seq. ("Title VII'') by subjecting Virginia Rylance and Linda Gliotti to sexual harassment by a \ValMart manager which was suft1ciently severe and pervasive to constitute a hostile, intimidating work environment. Further, the EEOC alleges that as a result ofthe hostile work environment Virginia Rylance was constructively discharged from her employment. Wal-Mart has denied the allegations

Case 8:04-cv-01862-SDM-MSS Document 67-2 Filed 08/31/2006 Page 2 of 12 Case 8:04-cv-01862-SDM-MSS Document 66 Filed 08/23/2006 Page 2 of 12
raised in EEOC's Complaint.
3. In the interest of resolving this matter, to avoid the costs oflitigation, and as a result ofhaving engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finaUy resolved by entry ofthis Decree. Tlris Decree is final and binding upon the Parties, their successors and assigns.
4. The Parties agree that this Decree resolves all claims alleged against the Defendant in EEOC Charge No. 151-2003-01399 (Virginia RyJance) and Charge No. 151-2003..01824 (Linda Gliotti) and the Complaint filed in this action; and constitutes a complete resolution of all claims under Title VII that were made by the Commission.
5. NOW, THEREFORE, the Court having carefully examined the tenns and provisions ofthis Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
JURISDICTION 6. This Court has jurisdiction ofthe subject matter ofthis action and overthe Parties for the purposes of entering and enforcing this Decree. 7. No party shall contest jurisdiction ofthis federal court to enforce this Decree and its terms or the right ofthe EEOC to seek enforcement in the event Defendant breaches any ofthe terms ofthis Decree.
DISCRIMINATION POLICY AND TRAINING
8. Defendant has established a written policy against sexual harassment which is attached as Exhibit A. Defendant agrees that alJ of its employees and managers in Stores No. 528
,,.ill be provided a complete copy of its policy against sexual harassment, either in hard copy or

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electronically, within thirty (30) days ofthe entry ofthis Decree. Defendant also agrees that aH new employees shall be either given a hard copy of its policy against sexual harassment or provided access to Defendant's online sexual harassment training within the first thirty {30) days of their employment with the Defendant.
9. In order to further ensure the effective implementation of Defendant's antidiscrimination policy, Defendant will conduct a two (2) hour annual interactive training for aU of its salaried managerial employees in Store No. 528 with specific emphasis on recognizing sexual harassment, and on the proper procedure to be followed if they become aware ofsexual harassment in the workplace or ifthey receive complaints ofsexual harassment. The training shall commence with a statement by a representative from Wal-Mart's Corporate Office. informing the employees ofWal:·Mart's commitment to comply with the federal laws regarding unlawful sexual harassment in the work place. Defendant agrees to provide the EEOC, at least two weeks notice before it conducts its training session(s), with the date(s) and location(s) ofthe training, the identification of the training ma.terials to be used at the training session, and a general description of the category of employees who will be in attendance at the training. The training will be conducted by a corporate representative or agents retained by Wai-Mart's Corporate Office.
10. Defendant agrees that the training described in paragraph 9 shall be conducted within sixty (60) days of the entry of this Decree. And, shouJd thereafter take place atmually in the same fo1mat. by June 30, for the duration ofthis Decree. Defendant further agrees that Wal-Mart•s sexual harassment policy and sexual harassment training materials shall be presented to and explained to all new managers and supervisors who did not attend the annual training within forty (45) days of
being placed in a management or supervisory position.

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MONETARY RELIEF

14. Defendant agrees to pay a total amount ofS290,000.00 to resolve this action. The payments referenced herein shall issue within fifteen (IS) calendar days from the Court's entry of this Decree. The monies shall be distributed as set forth below in Exhibit C attached hereto.
15. IfDefendant fails to tender the above-mentioned payments as set forth in paragraph 14 above and attached Exhibit C, then Defendant shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 662(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the non-c.ompliance or delay ofthe Defendant.

ENFORCEMENT OF DECREE

16. The Commission shall have independent authority to seek the judicial enforcement of any aspect, tenn or provision ofthis Decree.
COSTS

17. Each Party shall bear its own costs associated with this litigation.

DURATION OF CONSENT DECREE

18. Decree.

The duration of this Decree shall be three (3) years from the date of entry of the

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POSTING ll. Defendant will post a laminated ll x 14 copy of the Noticet anached as Exhibit B, no later than fifteen (15) calendar days from the entry of this Decree. Said notice shall be posted at Store No. 528 for the duration of this Decree in a conspicuous location accessible to all employees such as an employee bulletin board andlor break/lunch room.
MONITORING 12. Defendant will retain all employment and/or investigative records relating in anyway to any complaint or allegation ofsexual harassment relating to Store No. 528 for the duration ofthis Decree (three years from the dare of enrry of the Decree). 13. Defendant \Viii certify to the EEOC semi-annually throughout the duration of this Decree that it is in compliance with all aspects ofthis Decree. The first such certification will be due no later than thirty (30) days from the first training provided pursuant to paragraph 9. Thereafter, each certification will be due no later than December 31 il and June 30th for the duration of this Decree. With each ce1tification Defendant will further provide the EEOC with the name of any person who alleges they have been sexually harassed at Store No. 528 while working for Defendant during the preceding six-month perio~ and Defendant wi 11 state the actions taken in response to each such allegation. EEOC will not publicly disclose the name of tbe person(s) included in the certification, if any, unless EEOC is required to do so as part of its attempts to obtain compliance
. with this Decree through the Cou_rt. The certif~ations required to be sqb_mitted tQ_th~ EEOC
pursuant to this Consent Decree shall be mailed with the notation \VAL-MART MONITORING to: United States Equal Employment Opportunity Commission. Attention: Office of the Regional Attorney, 1 Biscayne Tower, Suite 2700, 2 South Biscayne Boulevard, Miami, Fl33131.

Case 8:04-cv-01862-SDM-MSS Document 67-2 Filed 08/31/2006 Page 6 of 12 Case 8:04-cv-01862-SDM-MSS Document 66 Filed 08/23/2006 Page 6 of 12
SO ORDERED, ADJUDGED AND DECREED, this _ _ day of August, 2006.

STEVEN D. MERRYDAY UNITED STATES DISTRICT JUDGE

AGREED TO:
FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

By: s/Delner Franklin-Thomas

Date: August 22. 2006

Delner Franklin-Thomas

Regional Attomey

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

Telephone: (305) 530-6001

Facsimile: (305) 536-4494

AGREED TO:
FOR THE DEFENDA!\;'T: WAL-MART STORES, INC.

By: s/Peter Reed Corbin Peter Reed Corbin~ Esquire Ford & Harrison LLP 225 Water Street, Suite 710
Jacksonville, Fl32202 Telephone: (904) 357-2002 Facsimile: (904) 357-2001

Date: August 22. 2006

Case 8:04-cv-01862-SDM-MSS Document 67-2 Filed 08/31/2006 Page 7 of 12 Case 8:04-cv-01862-SDM-MSS Document 66 Filed 08/23/2006 Page 7 of 12
EXHIBIT A (Wai·Mart's Anti-Harassment Policy)

Case 8:04-cv-01862-SDM-MSS Document 67-2 Filed 08/31/2006 Page 8 of 12

•

All Materi'al Wai-Mart Confidential. ©2005

•'

Printed By: Becky Hillhouse

Page Source: The WIRE

Date Printed: Thu Oct 6 09:31:07 COT 2005

Policies

Discrimination & Harassment Prevention Policy (PD-19) -National

• •

Updated: June 20, 2005
This Policy applies to all Associates who work for Wai-Mart Stores, Inc., or one of its subsidiary companies, in the United States ("Wai-Mart"), job applicants, Customers, Members, suppliers, and agents of Wai-Mart.
Policy
We believe in respecting the dignity of every individual. Respectful, professional conduct furthers our mission, promotes productivity, minimizes disputes, and enhances our reputation. Thus, we are committed to providing an environment that is free of discrimination or harassment based on an individual's status. Every Associate should avoid any conduct that could reasonably be interpreted as discrimination or harassment.
Individual's status means an individual's race, color, ancestry, ethnicity, religion, sex, pregnancy, national origin, age, disability, marital status, veteran status, sexual orientation, or any other legally protected status. Individual's status also includes an individual's marriage to or association with someone with any status listed above.
We will not tolerate any form of discrimination or harassment in any aspect of our business. This means that we strictly prohibit any discrimination or harassment, as described below, by or directed at any Associate, job applicant, Customer, Member, supplier, or agent of Wai-Mart. This "zero tolerance" Policy applies regardless of whether such conduct rises to the level of unlawful discrimination or harassment.
Prohibited Conduct
Discrimination
We prohibit any discriminatory action based on an individual's status in all aspects of our business.
Discriminatory action includes firing, refusing to hire, denying training, failing to promote, and discriminating in pay or other terms, conditions, or privileges of employment based on an individual's status. It also includes encouraging or assisting anyone to take discriminatory actions.
Harassment
We prohibit harassment based on an individual's status in all aspects of our business. This conduct includes:
• Using slurs or negative stereotyping; • Verbal kidding, teasing, or joking; • Making offensive comments about an Individual's status, appearance, or sexual activity; • Leering- or maktRg offensive gestures; • Circulating or displaying offensive pictures, cartoons, posters, letters, notes, e-mails, invitations, or other materials; • Using Company e-mail or Internet resources to receive, view, or send offensive jokes, pictures, posters, or other
similar materials; • Intimidating acts, such as bullying or threatening based on an individual's status; • Offensive physical contact such as patting, grabbing, pinching, or intentionally brushing against another's body; • Physical touching or assault, as well as impeding or blocking movements; • Repeated unwanted sexual flirtations, advances, or propositions; • Pressure for sexual activity, including offering employment benefits in exchange for sexual favors or denying
employment benefits in response to a refusal to provide sexual favors; or • A.ny other conduct that shows hostility toward, disrespect for, or degradation of an individual based on the individual's
status.

Case 8:04-cv-01862-SDM-MSS Document 67-2 Filed 08/31/2006 Page 9 of 12

• • •

Harassing conduct, such as that listed above, is prohibited regardless of whether it is welcome or unwelcome, and regardless of whether the individuals involved are of the same or are of a different sex, sexual orientation, race, or other status.
Retaliation
We prohibit taking negative action against any Associate, former Associate, job applicant, Customer, Member, supplier, or agent of Wai-Mart for:
• Reporting conduct that may violate this Policy; • Filing a complaint of discrimination or harassment with a government agency or court; • Assisting another individual In reporting conduct that may violate this Policy; • Assisting another individual in filing a complaint of discrimination or harassment with a government agency or court; • Cooperating in an investigation; or • Opposing discrimination or harassment.
If you experience, observe, or become aware of any conduct you believe may be retaliatory, you should immediately follow the Reporting Procedures described below.
Reporting Procedures
We are committed to preventing discrimination and harassment in all aspects of our business. We will take all reasonable measures to do so. However, if we are not aware that discrimination or harassment is taking place, we cannot address the situation. Therefore, the following procedures must be followed:
Hourly Associates, Job Applicants, and Third Parties
If you experience, observe, or become aware of any conduct that may violate this Policy, you should immediately report the violation in one of two ways:
• You may report the violation to any Salaried Member of Management; or • You may report the violation confidentially and/or anonymously to the Wai-Mart Ethics Helpline, 1-800-WMETHIC (1-
800-963-8442).
If you believe a Salaried Member of Management may be violating this Policy, you are not required to report the violation to that person. You may report the possible violation to another Salaried Member of Management or call the Ethics Helpline.
You must cooperate with and tell the truth to the individual who investigates your report. If you do not cooperate or you fail to tell the truth, we will be unable to conduct a proper investigation or take prompt remedial action. Any Associate who refuses to cooperate in an investigation or fails to tell the truth during an investigation may be subject to discipline, up to and including termination.
We will take appropriate steps to ensure that there is no retaliation of any kind for using the Reporting Procedures described in this Policy. Retaliation of any kind for using the Reporting Procedures is strictly forbidden and violates this Policy.
Salaried Members of Management
If you experience conduct that may violate this Policy, you should follow the same Reporting Procedures outlined above for Hourly Associates. Job Applicants. and Third Parties.
If you observe, receive a report, or otherwise become aware of a possible violation of this Policy, you must immediately report such conduct to the appropriate level of management for investigation. (Appropriate level of management includes, but is not limited to, the Field Logistics People Manager, Employment Advisor, Regional Personnel Manager, or People Director). A Salaried Member of Management who fails to report a violation of this Policy may be subject to discipline, up to and including termination .
Investigation and Appropriate Action

Case 8:04-cv-01862-SDM-MSS Document 67-2 Filed 08/31/2006 Page 10 of 12

• •

We will take any reported violation of this Policy seriously. We will promptly and thoroughly investigate any report of a possible violation of this Policy in accordance with the procedures set forth in the Management Guidelines for this Policy and THE RED BOOK.
We will take appropriate action to eliminate conduct that violates this Policy and to ensure that there is no recurrence of such conduct. ·We may put reasonable interim measures in place during an investigation of a reported Policy violation. Interim measures may include, but are not limited to, a leave of absence, suspension, or transfer of the Associate who reportedly violated this Policy.
We will take further appropriate action once the reported violation has been thoroughly investigated. If an investigation reveals that an Associate has violated this Policy (or any other Policy), we will take corrective action regarding that Associate, including coaching and/or other discipline, up to and including termination.

Confidentiality

We will make every reasonable effort to maintain the confidentiality of all parties involved in any investigation. We will disclose information to only those having a need to know in order to facilitate the investigation or
resolution. Any disclosure of information, other than on a need-to-know basis as described above, will constitute a breach of confidentiality and will result in discipline, up to and inc;luding termination.

Contact Person(s)

For guidance, contact:

!Facility IWai-Mart Stores:

Illcontact Store Manager

I

'SAM'S CLUBS:

I. Reg1onal Personnel Manager Club Manager

'Field Logistics:

. Reg1onal Personnel Manager
IField Logistics People Manager

Regional Personnel Manager

'Home Office:

"People Manager .. People D1rector

I

Last Updated: June 28, 2005 jvm__ name=WPS__ 4B

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EXHIBITB
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSEI\'T DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AND \VAL-MART STORES, INC.
This Notice is being posted pursuant to a Consent Decree entered by the Court in .Q&OC v. Wai-Mart Stores. Inc., Civil Action No. 8:04-CV-01862-SDM-MSS. Wal-Mart Stores, Inc. has agreed that it will not discriminate against employees on the basis ofgender in violation ofTitle VIT of the Civil Rights Act of 1964 ("'Title VIT"). Title VU protects individuals from employment discrimination because oftheir race, religion, color, national origin, or sex. Wal-Mart Stores, Inc. will not condone employment discrimination ofany kind as set forth in federal anti-discrimination laws.
Furthermore, Wal-Mart Stores, Inc. assures its employees that it supports Title Vlland will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges \Vith the EEOC.
Appropriate corrective action, up to and including tennination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination, based upon the circumstances involved.
This notice shall remain posted for three (3) years from the date signed. Employees or
applicants for employment \vho have questions about their rights under Title vn or any other federal
anti-discrimination law may telephone the Miami District Office of the Equal Employment Opport1mity Commission at 1-800-669-4000.
Signed this _ _ day of _ _ _ _ _., 2006.
Wal-Man Stores, h1c.
DO NOT REMOVE BEFORE July, 2009.

Case 8:04-cv-01862-SDM-MSS Document 67-2 Filed 08/31/2006 Page 12 of 12 Case 8:04-cv-01862-SDM-MSS Document 66 Filed 08/23/2006 Page 12 of 12
EXHIBITC
In order to resol~e EEOC v. Wal-Mart Stores. Inc.. Civil Action 8:04-CV-01862-SDM-MSS, Wal-Mart Stores, Inc. shall pay the total amount of$290.000.00 to be distributed as follows:
1. Defendant will pay Virginia Rylance $ 40.000.00 which shall be representative of lost wages less appropriate withholdings and payroll taxes. Defendant shall be responsible for the payment ofthe employer's share ofany FICA and FUTA, and will issue a fonn W-2 for same. Defendantwill pay Virginia Rylance $ 160.000.00 which shall be representative ofcompensatory damages. The Defendant shall issue a form 1099 to Mrs. Rylance substantiating same. Defendant shall issue the checks in Mrs. Rylance's name and mail to her, certified return receipt requested, to 5216 249 St.
E., Myakka, Fl34251.
2. Defendant will pay to Susan Woodard, Chapter 7 Trustee for Linda Gliotti $ 90.000.00 which shall be representative ofcompensatory damages. Defendant shall issue the check in the name of Susan Woodard, Chapter 7 Bankruptcy Trustee on behalfofLinda Gliotti. The payment will be placed in an escrow account at the law offices ofTrenam Kenker, 1Ol.E. Kennedy Boulevard, Suite 2700, Tampa, Fl33602, and will be held pending the bankruptcy Court's final distribution order.
3. The payments referenced herein shall issue within fifteen (15)calendardays from the Court's entryofthis Decree. Copies ofthe payment checks shall be forwarded to the attention of Carla J. Von Greiff, Senior Trial Attomey, U.S. Equal Emplo)'ment Opportunity Commission, 501 East Polk Street, Suite 1000, Tampa, FL 33602.

 
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U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:04-cv-01862-SDM-MSS

CLOSED

United States Equal Employment Opportunity Commission v. WAL-MART Stores, Inc. Assigned to: Judge Steven D. Merryday Referred to: Magistrate Judge Mary S. Scriven Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/12/2004 Date Terminated: 04/17/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Carla Johanna Von Greiff Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Ste. 1000 Tampa, FL 33602 813/202-7903 Fax: 813/228-2045 Email: carla.vongreiff@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklin-thomas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric S. Drieband Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6006 TERMINATED: 04/04/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Y. Reams

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Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 TERMINATED: 04/04/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Lee Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 TERMINATED: 04/04/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth Lawrence Gillespie Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 Email: kenneth.gillespie@eeoc.gov TERMINATED: 04/04/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net TERMINATED: 08/16/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lauren G. Dreilinger U. S. Equal Employment Opportunity

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Intervenor Plaintiff Susan K Woodard
V. Defendant WAL-MART Stores, Inc.
Mediator Peter J. Grilli

Commission 2 South Biscayne Blvd. Suite 2700 Miami, FL 33131 305/808-1788 Fax: 305/808-1835 Email: lauren.dreilinger@eeoc.gov ATTORNEY TO BE NOTICED
represented by Laura E. Prather Trenam Kemker Suite 2700 101 E Kennedy Blvd Tampa, FL 33602 813/223-7474 Fax: 813/229-6553 Email: leprather@trenam.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Peter Reed Corbin Ford & Harrison, LLP 225 Water St - Ste 710 PO Box 41566 Jacksonville, FL 32203-1566 904/357-2000 Fax: 904/357-2001 Email: pcorbin@fordharrison.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kelly Hagan Chanfrau Ford & Harrison LLP 101 E. Kennedy Blvd., Suite 900 Tampa, FL 33602 813/261-7814 Fax: 813/261-7899 Email: kchanfrau@fordharrison.com ATTORNEY TO BE NOTICED
represented by Peter J. Grilli Peter J. Grilli, P.A. 3001 W. Azeele St. Tampa, FL 33609-3138 813/874-1002

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Email: meditr@aol.com PRO SE

Date Filed 08/12/2004 08/23/2004 08/30/2004 10/12/2004 10/19/2004 11/18/2004 11/22/2004 11/22/2004 12/03/2004 12/28/2004
01/11/2005
01/12/2005

#

Docket Text

1 COMPLAINT against WAL-MART Stores, Inc. ; jury demand , filed by United States Equal Employment Opportunity Commission.(bsn) (Entered: 08/17/2004)
2 Summons issued as to WAL-MART Stores, Inc. Consent(s) issued. (bsn) (Entered: 08/25/2004)
3 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 8/30/2004. (Attachments: # 1 Case Management Report)(maa) (Entered: 08/31/2004)
4 RETURN of service executed on 9/28/04 by United States Equal Employment Opportunity Commission as to WAL-MART Stores, Inc. (bsn) (Entered: 10/13/2004)
5 Defendant's ANSWER to complaint and Affirmative Defenses by WAL-MART Stores, Inc..(Chanfrau, Kelly) (Entered: 10/19/2004)
6 NOTICE by United States Equal Employment Opportunity Commission Regarding Actual Or Apparent Conflict of Interest Regarding Magistrate Judge (Von Greiff, Carla) (Entered: 11/18/2004)
7 ORDER OF RECUSAL. Judge Elizabeth A. Jenkins recused. Clerk is directed to re-assign this matter. Signed by Judge Elizabeth A. Jenkins on 11/22/2004. (CM) (Entered: 11/22/2004)
8 Case Assigned to Judge Mary S. Scriven. New case number: 8:04-cv-1862-T-23MSS (bsn) (Entered: 11/24/2004)
9 CASE MANAGEMENT REPORT. (Chanfrau, Kelly) (Entered: 12/03/2004)
10 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 10/31/2005. Joinder of Parties due by 2/28/2005. Dispositive Motions due by 12/12/2005. Pretrial Conference set for 2/7/2006 11:00 AM in Courtroom 11 A before Magistrate Judge Elizabeth A. Jenkins. Jury Trial set for trial term commencing 3/6/2006 before Judge Steven D. Merryday. Signed by Judge Steven D. Merryday on 12/28/2004. (maa) (Entered: 12/28/2004)
11 ORDER REFERRING CASE to mediation before Peter J. Grilli, Mediator. Lead counsel Delner Franklin-Thomas to coordinate dates. Mediation shall be conducted on or before 07/01/2005. Signed by Judge Steven D. Merryday on 1/12/2005. (Attachments: # 1 Mediation Attachment/Report)(maa) (Entered: 01/12/2005)
12 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 10/31/2005. Joinder of Parties due by 2/28/2005. Motions due by 12/12/2005. PRETRIAL CONFERENCE RESET FOR: 2/9/2006 09:30 AM in Courtroom 10 A before Magistrate Judge Mary S. Scriven. Jury Trial set for trial term commencing 3/6/2006 before Judge Steven D. Merryday. Signed by

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01/25/2005 03/09/2005 03/10/2005 04/04/2005 04/08/2005 04/12/2005
04/12/2005 04/18/2005 06/28/2005 08/16/2005 09/07/2005 09/07/2005

Judge Steven D. Merryday on 1/12/2005. (maa) (Entered: 01/12/2005)
13 NOTICE by United States Equal Employment Opportunity Commission of Scheduling Mediation (Von Greiff, Carla) (Entered: 01/25/2005)
14 Unopposed MOTION to extend time to May 19, 2005 for Mediation Deadline by WAL-MART Stores, Inc.. (Chanfrau, Kelly) (Entered: 03/09/2005)
15 ENDORSED ORDER granting 14--Wal-Mart's unopposed motion to extend the mediation deadline to May 19, 2005. Signed by Judge Steven D. Merryday on 3/10/2005. (BK) (Entered: 03/10/2005)
16 NOTICE by United States Equal Employment Opportunity Commission of Substitution of Counsel (Von Greiff, Carla) (Entered: 04/04/2005)
17 Unopposed MOTION to amend/correct Answer and Supporting Memorandum of Law by WAL-MART Stores, Inc.. (Attachments: # 1 # 2 # 3 # 4)(Chanfrau, Kelly) (Entered: 04/08/2005)
18 ORDER granting 17--defendant's unopposed motion to amend its answer to the complaint. The Clerk shall FILE the amended answer attached to Doc. 17--the motion to amend. Signed by Judge Steven D. Merryday on 4/12/2005. (BK) (Entered: 04/12/2005)
19 AMENDED ANSWER and affirmative defenses to complaint by WAL-MART Stores, Inc.(BK) Modified on 4/13/2005 (bsn). (Entered: 04/12/2005)
20 NOTICE of unavailability of counsel byUnited States Equal Employment Opportunity Commission from May 27, 2005 to June 13, 2005. (Von Greiff, Carla) (Entered: 04/18/2005)
21 MEDIATION REPORT Hearing held on May 19, 2005 Hearing outcome: the parties have reached an impasse.(Grilli, Peter) (Entered: 06/28/2005)
22 NOTICE by United States Equal Employment Opportunity Commission of Withdrawal of Michael Farrell as Counsel of Record (Von Greiff, Carla) (Entered: 08/16/2005)
23 MOTION for summary judgment (partial) by WAL-MART Stores, Inc.. (Chanfrau, Kelly) (Entered: 09/07/2005)
24 APPENDIX re 23 MOTION for summary judgment (partial) by WAL-MART Stores, Inc. (filed separately). (Attachments: # 1 Exhibit Index I.A. - Gliotti depo excerpts# 2 Exhibit Index I.B. - Rylance depo excerpts# 3 Exhibit Index II.C. Ex. 24 Charge of Discrimination# 4 Exhibit Index II.D. - Ex. 25 Voluntary Petition# 5 Exhibit Index II.E. - Ex. 26 Form 7 Statement of Financial Affairs.pdf# 6 Exhibit Index III.F. - Ex. 10 Associate's Commendation# 7 Exhibit Index III.G. - Ex. 12 Letter 1-28-03# 8 Exhibit Index III.H. - Ex. 13 Letter 3-12-03# 9 Exhibit Index IV.I. - Dkt 1 Certified Copy of Voluntary Petition# 10 Exhibit Index IV.J. - Dkt 6 Certified Copy of Final Decree# 11 Exhibit Index IV.K. - Dkt 7 Certified Copy of Discharge of Debtor# 12 Exhibit Index IV.L. Dkt 10 Certified Copy of Trustee's Motion to Revoke Final Decree# 13 Exhibit Index IV.M. - Dkt 13 Order Granting Trustee's Motion to Revoke Final Decree# 14 Exhibit Index IV.N. - Dkt 18 Certified Copy of Application for Appointment.pdf# 15 Exhibit Index IV.O. - Dkt 19 Certified Copy of Order

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09/09/2005 09/12/2005 09/30/2005 10/04/2005 10/04/2005
10/07/2005 10/19/2005 10/20/2005 10/21/2005 10/31/2005 11/01/2005

Authorizing)(Chanfrau, Kelly) (Entered: 09/07/2005)
25 Unopposed MOTION for Extension of Time to File Response/Reply In Opposition to Defendant's Partial Motion For Summary Judgment by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 09/09/2005)
26 ENDORSED ORDER granting 25--plaintiff's unopposed motion to extend to 10/4/05 the time within which to respond to 23--Wal-Mart's motion for partial summary judgment. Signed by Judge Steven D. Merryday on 9/12/2005. (BK) (Entered: 09/12/2005)
27 MOTION to intervene (Trustee's Motion to Join, or Alternatively to Intervene, as a Plaintiff and Memorandum of Law in Support) by Susan K Woodard. (Prather, Laura) (Entered: 09/30/2005)
28 RESPONSE in opposition re 23 MOTION for summary judgment (partial) filed by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 10/04/2005)
29 NOTICE by United States Equal Employment Opportunity Commission of Filing Exhibits in Support of Re28 EEOC's Response In Opposition to Defendant's Partial Motion For Summary Judgment (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Affidavit Rylance# 11 Affidavit Woodard# 12 Gliotti deposition excerpts# 13 Rylance deposition excerpts, part 1# 14 Rylance deposition excerpts, part 2# 15 Rylance deposition excerpts, Part 3# 16 Maxwell deposition excerpts# 17 Klein deposition excerpts# 18 Paul deposition excerpts)(Von Greiff, Carla) Modified on 10/5/2005 (bn). (Entered: 10/04/2005)
30 Consent MOTION to take deposition from Larry Dollar On November 16, 2005, Outside Of the Discovery Period by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 10/07/2005)
31 ORDER granting 30 Motion to Complete the Deposition of Larry Dollar outside of the discovery cut-off. Signed by Judge Mary S. Scriven on 10/19/2005.(ACD) (Entered: 10/19/2005)
32 RESPONSE to motion re 27 MOTION to intervene (Trustee's Motion to Join, or Alternatively to Intervene, as a Plaintiff and Memorandum of Law in Support) filed by WAL-MART Stores, Inc.. (Chanfrau, Kelly) (Entered: 10/20/2005)
33 NOTICE by WAL-MART Stores, Inc. re 29 Notice (Other) of Objection to Affidavit Testimony of Ms. Rylance (Chanfrau, Kelly) Modified on 10/25/2005 (bn). (Entered: 10/21/2005)
34 Joint MOTION for Extension of Time to Complete Discovery by United States Equal Employment Opportunity Commission, WAL-MART Stores, Inc.. (Chanfrau, Kelly) (Entered: 10/31/2005)
35 ORDER granting 34 the parties' Joint Motion to Extend Discovery Deadline. See Order for details. Signed by Judge Mary S. Scriven on 11/1/2005.(ACD) (Entered: 11/01/2005)

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11/03/2005 11/28/2005
12/11/2005
12/12/2005 12/12/2005
12/12/2005 12/14/2005 12/16/2005 12/30/2005 01/04/2006 01/04/2006

36 RESPONSE re 33 Notice (Other) By Defendant of Objection To Affidavit Testimony filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Von Greiff, Carla) (Entered: 11/03/2005)
37 MOTION to compel Independent Mental Examinations and Motion to Extend Time for Submission of Expert Reports by WAL-MART Stores, Inc.. (Attachments: # 1 Exhibit A - Email correspondence dated October 10 and October 11, 2005# 2 Exhibit B - October 18, 2005, correspondence to EEOC# 3 Exhibit C - October 21, 2005 Email from counsel for the EEOC# 4 Exhibit D Email exchange between counsel for Wal-Mart and counsel for the EEOC# 5 Exhibit E - Plaintiff's Initial Disclosures# 6 Exhibit F - Plaintiff EEOC's Response to Interrogatory No. 1)(Chanfrau, Kelly) (Entered: 11/28/2005)
38 RESPONSE in opposition re 37 MOTION to compel Independent Mental Examinations and Motion to Extend Time for Submission of Expert Reports filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E)(Cooper, Cheryl) (Entered: 12/11/2005)
39 Second MOTION for partial summary judgment and Memorandum in Support by WAL-MART Stores, Inc.. (Chanfrau, Kelly) (Entered: 12/12/2005)
40 APPENDIX re 39 Second MOTION for partial summary judgment and Memorandum in Support by WAL-MART Stores, Inc. (filed separately). (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Chanfrau, Kelly) (Entered: 12/12/2005)
41 NOTICE of Appearance by Kelly Hagan Chanfrau on behalf of WAL-MART Stores, Inc. (Chanfrau, Kelly) (Entered: 12/12/2005)
42 MOTION for Extension of Time to File Response/Reply to 39 motion by United States Equal Employment Opportunity Commission. (Dreilinger, Lauren) Modified on 12/15/2005 (bn). (Entered: 12/14/2005)
43 ENDORSED ORDER granting 42--plaintiff's unopposed motion to extend time within which to respond to 39--second motion for partial summary judgment. Response due 1/17/2006. Signed by Judge Steven D. Merryday on 12/15/2005. (BK) (Entered: 12/16/2005)
44 ORDER granting 37 Motion to compel. See Order for details and new Case Management deadlines. Signed by Judge Mary S. Scriven on 12/30/2005.(ACD) (Entered: 12/30/2005)
45 Unopposed MOTION for Extension of Time to File Response/Reply In Opposition to Defendant's Second Motion For Partial Summary Judgment by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 01/04/2006)
46 Consent MOTION to take deposition from Sean Dolan On January 19, 2006, Outside of the Discovery Period by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 01/04/2006)

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01/05/2006 01/06/2006 01/12/2006 01/13/2006 01/17/2006 01/31/2006 01/31/2006
02/09/2006 02/24/2006
03/29/2006 04/17/2006 05/31/2006

47 ORDER granting 46 Motion to Take Deposition of Witness Sean Dolan Outside of the Discovery Period. Signed by Judge Mary S. Scriven on 1/5/2006.(ACD) (Entered: 01/05/2006)
48 ORDER granting 45--plaintiff's motion for extension of time to file response to second motion for summary judgment. Response due 1/31/2006. Signed by Judge Steven D. Merryday on 1/5/2006. (BK) (Entered: 01/06/2006)
49 Unopposed MOTION to extend time to Designate Rebuttal Expert Witness And Exchange Rebuttal Expert Witness Report by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 01/12/2006)
50 ORDER granting 49 Motion to extend time. See Order for details. Signed by Judge Mary S. Scriven on 1/13/2006.(ACD) (Entered: 01/13/2006)
51 NOTICE of Appearance by Peter Reed Corbin on behalf of WAL-MART Stores, Inc. (Corbin, Peter) (Entered: 01/17/2006)
52 RESPONSE in opposition re 39 Second MOTION for partial summary judgment and Memorandum in Support filed by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 01/31/2006)
53 NOTICE by United States Equal Employment Opportunity Commission of Filing Exhibits In Support of EEOC's Response In Opposition To Defendant's Second Motion For Summary Judgment (Attachments: # 1 Exhibit J# 2 Exhibit K# 3 Affidavit Barnett# 4 Affidavit Ware# 5 Dolan deposition excerpts# 6 Dollar deposition excerpts part 1# 7 Dollar deposition excerpts part 2# 8 Stephens deposition excerpts part 1# 9 Stephens deposition excerpts part 2# 10 Lynn deposition excerpts# 11 Paul deposition excerpts# 12 Klein deposition excerpts# 13 Luthin deposition excerpts)(Von Greiff, Carla) (Entered: 01/31/2006)
54 NOTICE by WAL-MART Stores, Inc. re 52 Response in opposition to motion, 53 Notice (Other), Notice (Other), Notice (Other) of Objection to Improper Deposition Testimony (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Chanfrau, Kelly) (Entered: 02/09/2006)
55 RESPONSE re 54 Notice (Other), Notice (Other) To Defendant's Objection To Deposition Testimony Submitted By Plaintiff In Response To Second Motion For Partial Summary Judgment filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11)(Von Greiff, Carla) (Entered: 02/24/2006)
56 NOTICE of Settlement Joint by United States Equal Employment Opportunity Commission (Von Greiff, Carla) (Entered: 03/29/2006)
57 ORDER re 56--notice of settlement; dismissing action without prejudice. Clerk shall TERMINATE any pending motions and CLOSE the case. Signed by Judge Steven D. Merryday on 4/15/2006. (BK) (Entered: 04/17/2006)
58 NOTICE by United States Equal Employment Opportunity Commission of Filing Consent Decree for Court Approval (Attachments: # 1 Exhibit Consent Decree)(Von Greiff, Carla) (Entered: 05/31/2006)

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06/13/2006 06/14/2006 06/15/2006 07/13/2006 07/24/2006 08/01/2006 08/02/2006 08/23/2006 08/31/2006

59 ORDER rejecting 58--EEOC's proposed consent decree. Signed by Judge Steven D. Merryday on 6/13/2006. (BK) (Entered: 06/13/2006)
60 Joint MOTION for Extension of Time to File Motion For Approval of Consent Decree by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 06/14/2006)
61 ENDORSED ORDER granting 60--motion to extend to 7/14/2006 the time within whicih to submit a motion for approval of a consent decree. Signed by Judge Steven D. Merryday on 6/15/2006. (BK) (Entered: 06/15/2006)
62 Joint MOTION For Approval of Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree)(Von Greiff, Carla) (Entered: 07/13/2006)
63 ORDER denying 62--EEOC's motion for approval of consent decree. Signed by Judge Steven D. Merryday on 7/24/2006. (BK) (Entered: 07/24/2006)
64 Joint MOTION for Extension of Time to File Renewed Motion for Approval of Consent Decree by United States Equal Employment Opportunity Commission. (Dreilinger, Lauren) (Entered: 08/01/2006)
65 ENDORSED ORDER granting 64--joint motion to extend to 8/25/06 the time within which to move for approval of consent decree. Signed by Judge Steven D. Merryday on 8/2/2006. (BK) (Entered: 08/02/2006)
66 Second MOTION Joint For Approval of Consent Decree by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 08/23/2006)
67 ORDER granting 66--motion for entry of consent judgment. Terms of proposed consent judgment are adopted. The defendant shall comply with terms of consent judgment, which is incorporated by reference and attached to this order. (Attachments: # 1) Court declines to retain jurisdiction except as necessary to enforce consent judgment. Clerk shall TERMINATE any pending motion and CLOSE the file. Signed by Judge Steven D. Merryday on 8/31/2006. (BK) (Entered: 08/31/2006)

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