IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DIST~CT OF ILLINOIS
EASTE~ D~ISION ~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
KMART CORPORATION, Defendant.

Civil Action No.

O594

COMPLAINT JURY TRIAL DEM ~. ,~DED

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq÷ ("Title VII") and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of national origin and to provide appropriate relief to Francisco Gomez ("Gomez") and a class of Hispanic workers who were adversely affected by the unlawful practices. Plaintiff, Equal Employment Opportunity Commission ("EEOC"), alleges that Defendant Kmart Corporation ("Kmart") subjected Gomez and a class of Hispanic workers to ethnic harassment and a hostile work environment because of their national origin.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337, 1343, and i345. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.

2. The employment practices hereafter alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Com-t for the Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Oppormrfity Commission, 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 tttis action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1) and (3). 4. At all times relevant, Defendant, Kmart Corporation, a Michigan corporation, has continuously been doing business in the Northern District of Illinois and has continuously had at least fifteen employees. 5. At all times relevant, Kmart Corporation, has continuot~sly beer~ ata employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (la) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than 30 days prior to the institution of this lawsuit, Francisco Gomez filed a charge of discrimination with the EEOC, alleging violations of Title VII by tlae Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least December 1998, Defendant has engaged in unlawful employment

practices at its Zion, Illinois facility, in violation of Sections 701(j) and 703(a) of Title VII, 42 U.S.C. Sections 2000e(j) and 2(a). Such unlawful employment practices have included (a) ethrdc harassment of Hispanic workers, and (b) subjecting Hispartic workers to a hostile work envirormaent.
8. The effect of the practices complained of above has been to deprive Gomez and a class of others adversely affected by the harassment of equal employment opportunities and otherwise adversely affect their status as empioyees because of their national origin.
9. The unlawful empIoyment practices complained of in paragraphs 7 and 8 above were intentional.
10. The urdawful employment practices compIained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected fights of Gomez and a class of Hispanic workers.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injtmction enjoining Defendant Kmart Corporation, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates because of national origin. B. Order Defendant to institute and carry out policies, practices and programs which eradicate the effects of its past and present unlawful practices. C. Order Defendant to make whole Gomez and the affected class 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. D. Order Defendant to make whole Gomez and the affected class, by providing
compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including medical expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Gomez and the affected class by providing compensation for past and future nonpectmiary losses resulting from the unlawful practices complained of in paragraphs 7 and 8 above, including emotional pain, inconvenience, and humiliation, in amounts to be detemained at trial.
F. Order Defendant to pay Gomez and the affected class punitive damages for its malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial.
G. Grant such farther relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs in this action.

5 JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
1 01,,COMMISSION
ngton .
Re ional )k~ey
Supervisory Trim Attorney
Pamela S. Moore-G~l~bs Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMYSSION
Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 886-9120

Civil Cover Sheet

http ://www. ilnd.uscourts.go,.’j ,vti_binYshtml.dll/PUBLIC/Forms/cvco

UNITED STATES DISTRICT COURT

:

NORTHERN DISTRICT OF ILLINOIS

Cever Sheet

This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in
September 1974. The data is required for the use oft, he Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service ofpleadings or other papers as required by law. This form is authorized for use ~ in the Northern District of Illinois.

Plaintiff(s): U.S. Equal Employment Opportunity Commission

Defendant(s): KMART CORPORATION

County of Residence:

County of Residence:

Plaintiffs Atty:

Pamela S. Moore-Gibbs

Defendant’s AttyO 1 C

(312)886-9120

Equal Employment Opportunity

Commission

500 W. Madison Street, Suite
2800 Chicago, IL 60661

~j~G~I~~ :~UDGE DENLOW

II. Basis of Jurisdiction:

1 U.S. Gov’t Plaintiff

III. Citizenship of Principle Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

FILED
JAN LL~U~

IV. Origin"

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

Section 2000e et seq. and Title I of the Civil Rights Act of 1991

VII. Requested in Complaint

Class Action:

Dollar Demand:

Jury Demand:

VIII. This case Is NOT a refiling of a previously dismissed case. (If yes case number m by Judge __)

If any of this information is incorrect, please go back to the Civil Cover Sheet Input form using the Back button "m your browser and

change it. Once correct, print this form, sign and date it and submit it with your new civil action. Note: You may need to adjust

the font size in your browser display to make the form print properly.

Revised: 06128100

~TED STATES DISTRICT CO 1T NORTHERN DISTRICT OF ILLINOIS

In the Matter of

U.S. Equal Employment Opportunity Commission, Plaintiff,

01.C

v. K_MART CORPORATION

Case Number:

0594

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) U.S. Equ~ Employment Oppo~ty Co~ssion, Pl~nfiff
........... JAY

/1 ,r /I ......
//i/W.,*, . ..

~w j’o/hi ~. Uendr~son
~ Eqt~ Employment Opporttmity Commission ~~ass 500 W. Madison St., Suite 2800 C~TY/ST~ Chicago, IL 60661 ~o~ (312) 353-8551
~x~r~C~T~°~t~z~s~°~w~S~ARDC No. 01187589

F~ Equal Employment Opportuuity Commission Sr~T~ODr~SS 500 W. Madison St., Suite 2800 crn,/ST~:Wzw Chicago, IL 60661 ~o~ (312) 353-7722
m~Tn~c~x~°r~a~B~(s~n-zu4°~r~v~s~)ARDC No. 06203727

DESICrNATED AS LOCAL COUNSEL?

YES []
(c)

NO

[]

Pamela S. Moore-Gibbs ~mrEquai Employment Oppommity Commission sa’P~T ~r~ss500 W. Madison St., Suite 2800

crrwsT*~zz~Chicago, IL 60661

r~°~ ~n~(312) 886-9120 n~,~,c~ w_~ (s~ rr~,~ o~ ~ws~ARDC No.6197710

MEMBER OF TRIAL I~AR?

YES []

NO

TRIAL ATTORNI~YY

YES ~]

NO

[]

DESIGNATED AS LOCAL COt~NSEL?

YEs

NO [~

DE$IGNA2T_D AS LOCAL COUNSEL?

YES

[] NO []

$IGNATLrRE

JAN 29 2001
MICHAEL W. DOBBIN$

CITY/STAT~/ZIP TELEPHONE RU2v~ER IDENTI}’ICATION NUMBER (SEE ITEM 4 ON KEVERSE)

MEMBER OF TRIAL I~AR?

YES

TKIAL ATTOF--NEY7

DESIGNATED AS LOCAL COUNSEL?

 
 r'

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

KMART CORPORATION,

)

)

Defendant.

)

)

Case No. 01 C 0594 Judge Hibbler Magistrate Judge Denlow

CONSENT DECREE

Plaintiff, Equal Employment Opportunity Commission (hereinafter "EEOC"), filed this

action on January 29, 2001, alleging that Defendant Kmart Corporation ("Kmart") discriminated

against Charging Party Francisco Gomez (hereinafter "Gomez"), in violation of Title VII of the

Civil Rights Act of 1964, as amended, 42 U.s.C. § 2000e et seq. ("Title VII") and § 102 of the

Civil Rights Act of 1991, 42 U.S.C. § 1981A, by subjecting Gomez and a class of Hispanic

employees to harassment and a hostile work environment because of their national origin. Kmart

has denied these allegations. As a result of the parties having engaged in settlement discussions

and solely for the purpose of amicably resolving remaining claims, EEOC and Kmart have

agreed that this action should be finally resolved by entry ofthis Consent Decree. This Consent

Decree is intended to and does fully and finally resolve any and all claims arising out of the

Complaint filed by the EEOC.

Findings

Having examined the terms and provisions of this Consent Decree and based on the

pleadings, records, and stipulations of the parties, this Court finds the following:

A. This Court has jurisdiction over the subject matter of this action and over the parties.
B. The terms and provisions ofthis Consent Decree are adequate, reasonable equitable and just. The rights of the parties are adequately protected by this Consent Decree.
C. This Consent Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation ofthe rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title VII and will be in the best interest of the parties and the public.
D. NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: Non-Discrimination
1. In all matters arising from or relating to employment, Kmart shall comply with Title VII and will not discriminate on the basis of national origin.
Non-Retaliation 2. Kmart, and all persons in active concert or participation with it, shall not retaliate against, penalize or otherwise prejudice any person because that person opposed any practice made unlawful by Title VII; filed a Complaint or Charge; testified, assisted, or otherwise participated in any manner in any investigation, proceeding, hearing or litigation under Title VII; asserted any right under this Consent Decree; or otherwise exercised his or her rights under Title VII.
Monetary Relief 3. Kmart shall pay to Francisco Gomez compensatory damages in the sum of $50,000.00 representing damages. Payment will be made as follows: After the Consent Decree has been entered and within thirty (30) business days after the
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'.
EEOC has provided to Krnart a Release fonn executed by Francisco Gomez (attached as Exhibit A to this Consent Decree), Krnart shall send the check, by certified mail to Francisco Gomez at 1906 Elizabeth Avenue, Zion, Illinois 60099, with a copy to the EEOC.
Notice Posting 4. Within twenty (20) days after the Court's entry ofthis Consent Decree and for the duration of this Decree, Krnart will post, and keep posted, in a prominent location in its Zion Store, #7084, where notices to employees and applicants for employment are customarily kept or posted, the Notice attached to this Decree as Exhibit B. Within twenty (20) days after the Consent Decree is entered Krnart shall certify in writing to the Chicago District Office of the EEOC that the Notice has been posted, and shall infonn the EEOC of the locations where it has been posted.
Record Keeping and Reporting 5. Krnart shall maintain records of any complaints it receives relating to harassment based on national origin and any action by Krnart in response to such complaints relating to its Zion Store, # 7084. Krnart shall maintain such records as required by this paragraph for the duration of the Consent Decree. 6. Beginning six (6) months after entry ofthis Consent Decree and every six months thereafter, Krnart shall furnish the EEOC with a report with the following infonnation relating to its Zion Store, #7084 during the pendency of the Consent Decree: a. any claims or complaints of national origin harassment; b. the names of all persons filing internal claims of national origin harassment; c. the name of any alleged national origin harassers;
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d. Kmart's resolution of any national origin harassment complaints; and e. copies of any and all written correspondence or reports regarding the resolution of
such internal national origin harassment complaints. Kmart shall submit its final report to the EEOC two (2) weeks prior to the date on which the Decree is to expire.
Training 7. Within forty-five (45) days after entry ofthis Consent Decree, Kmart shall conduct training of managers and supervisors ofKmart's Zion facility regarding the requirements of Title VII. Kmart shall submit to EEOC for approval, materials regarding the training session, including the credentials of the trainer, prior to such training. Within five (5) days after the completion of the training described above, Kmart will certify to EEOC that the training has been completed, the name(s) ofthe person(s) conducting the training, the time(s), duration and date(s) the training was held and a list identifying by name and position all individuals who received the training.
Dnration of Decree/Retention of Jurisdiction 8. The tenns of this Consent Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of eighteen (18) months from the date on which this Consent Decree is entered.
Costs and Attorneys' Fees 9. Each party to this action shall bear its own attorney's fees, costs, and expenses.
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---------------------------------------------------------------------~----
'.
Dispute Resolution 10. There is no private right of action to enforce Kmart's obligations under the Decree, and only the Commission and Kmart, or their successors may enforce compliance herewith. II. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the alleged noncomplying party in writing ofsuch non-compliance and afford the alleged non-complying party ten (10) business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. Ifthe alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that ithas complied within ten (1 0) business days, the complaining party may apply to the Court for appropriate relief. In the event that, upon the expiration date ofthis Decree, a dispute is pending pursuant to this paragraph, then the term ofthis Decree shall be extended, with respect to the issue in dispute only, until such time as such dispute is resolved by the parties or the Court.
Miscellaneous Provisions 12. This Consent Decree shall be binding and enforceable against Kmart and its successors and assigns. 13. Kmart and its successors shall assure that all their officers, managers, and supervisors observe the terms of this Consent Decree. 14. When this Consent Decree requires the submission by Kmart of reports, notices, or other materials to the Commission, such materials shall be mailed to: Kmart Settlement, Equal Employment Opportunity Commission, Chicago District Office, Legal Division, 500 West Madison, Suite 2800, Chicago, Illinois 60661.
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'. .
ENTERED AND APPROVED FOR:
Equal Employment Opportunity Commission
NICHOLAS M. INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMIS ION
18 L.
W 0"" ,""y.

Kmart Corporation
Lawrence C. DiNardo Sabrina C. Spitznagle JONES, DAY, REAVIS & POGUE 77 West Wacker Chicago, Illinois 60601 (312) 782-3939

\ ·/lvJLe ~elle

&Jtw~
Brennan

Supervisory Trial Attorney

(;lyt(dit"j)~&iftC - A l k
Pamela S. Moore- lbbs Senior Trial Attorney

Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 886-9120

Date:

Honorable i United States istrict Judge

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EXHIBIT A RELEASE AGREEMENT I, Francisco Gomez, for and in consideration of the sum of$50,000.00, payable to me pursuant to the terms of the Consent Decree entered by the Court in EEOC v. Kmart Corporation, No. 01 C 0594 (N.D. IlL), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Kmart Corporation, and all past and present shareholders, officers, agents, employees, and representatives ofKmart Corporation, as well as all successors and assignees ofKmart Corporation from any and all claims and causes of action of any kind which I now have or ever have had under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and § 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A, as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC v. Kmart Corporation, No 01 C 0594 (N.D. Ill.).

Date

Francisco Gomez

-.

~

NOTICE TO ALL EMPLOYEES AND APPLICANTS

This Notice is posted pursuant to the Consent Decree entered into by Kmart Corporation and the Equal Employment Opportunity Commission ("EEOC"). This settlement involves a lawsuit that was based on a Charge of Discrimination filed with the EEOC alleging national origin harassment entitled EEOC v. Kmart Corporation, N.D. Illinois No. 01 C 0594. After engaging in settlement negotiations, the parties decided to settle the case without having it determined whether the claims had any merit.

Under the terms ofthe Consent Decree, Kmart willI) not engage in any employment practices which discriminate on the basis of national origin; 2) make a monetary payment to the individual who filed the charge of discrimination, 3) provide training to managers concerning prohibiting employment discrimination, and 4) maintain certain information relating to complaints and report to EEOC for eighteen months.

Kmart wishes to emphasize its fundamental policy of providing equal employment opportunity in all of its operations and in all areas of employment. In that regard, Kmart will not unlawfully discriminate against any employee or applicant for employment on the grounds of disability, race, color, religion, sex, national origin, or age. Kmart is strongly committed to maintaining a work environment free of all harassment, including national origin harassment.

Title VII of the Civil Rights Act of 1964, as amended, prohibits employers from discriminating on the basis of sex, race, color, religion or national origin. The Equal Employment Opportunity Commission is the agency responsible for enforcing Title VII. If you have any complaints of discrimination or questions concerning your rights under Title VII, you may contact the EEOC at: U. S. Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661, (312) 353-2713.

THIS NOTICE WILL REMAIN POSTED FOR A PERIOD OF 18 MONTHS FROM THE DATE WHICH APPEARS BELOW. THIS IS AN OFFICIAL NOTICE AND MUST NOT
BE DEFACED OR REMOVED.

U. S. Equal Employment Opportunity Commission
By:-:-:--_ _ _ _ _ _ _ _ __ JohnP. Rowe District Director of Chicago District Office

Kmart Corporation By: _ _ _ _ _ _ _ _ _ _ __ Its:_ _ _ _ _ _ _ _ _ _ _ _ __

Date: _ _ _ _ _ _ _ _ _ _ _ __

Date: _ _ _ _ _ _ _ _ _ _ _ __

Exhibit B

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?647340390773927-L_35...
DENLOW, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:01-cv-00594

EEOC v. Kmart Corp Assigned to: Honorable William J. Hibbler Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/29/2001 Date Terminated: 11/19/2001 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jose Jorge Behar Hughes Socol Piers Resnick & Dym Ltd. 70 West Madison Street Suite 4000 Chicago, IL 60602 (312) 580-0100 Fax: 312-580-1994 Email: jbehar@hsplegal.com ATTORNEY TO BE NOTICED

Pamela Sue Moore-Gibbs United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: pamela.moore-gibbs@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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Kmart Corporation

represented by Lawrence Charles DiNardo Jones Day 77 West Wacker Drive Suite 3500 Chicago, IL 60601-1692 (312)782-3939 TERMINATED: 03/12/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Andrew McGuire Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312) 269-8957 TERMINATED: 03/12/2001
Sabrina C. Spitznagle Jones Day 77 West Wacker Drive Suite 3500 Chicago, IL 60601-1692 312-269-1533

Date Filed 01/29/2001
02/12/2001 02/20/2001 02/22/2001 02/26/2001 03/06/2001 03/08/2001

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Jose Jorge Behar and Pamela Sue Moore-Gibbs as attorney(s) for plaintiff EEOC (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 01/30/2001)
2 ATTORNEY APPEARANCE for defendant by Lawrence Charles DiNardo, Michael Andrew McGuire. (vmj) (Entered: 02/13/2001)
3 WAIVER of service of summons as to defendant K-Mart sent on 1/29/01. (vmj) (Entered: 02/23/2001)
4 WAIVER of service of summons as to defendant sent on 1/29/01. (vmj) (Entered: 02/23/2001)
SCHEDULE set on 2/26/01 by Hon. William J. Hibbler : Status hearing set to 9:15 4/5/01. Parties to comply with the attached pretrial schedule. Mailed notice (jdh) (Entered: 02/26/2001)
6 MOTION by M Andrew McGuire for leave to withdraw as counsel for defendant (Attachment); Notice. (vmj) (Entered: 03/13/2001)
5 ADDITIONAL ATTORNEY APPEARANCE for defendant by :awrence C. DiNardo, Sabrina C. Turner. (vmj) (Entered: 03/12/2001)

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03/12/2001
03/22/2001 04/05/2001
06/26/2001
08/08/2001 08/14/2001 09/26/2001 11/07/2001 11/19/2001

7 MINUTE ORDER of 3/12/01 by Hon. William J. Hibbler: Motion for leave to withdraw as counsel for defendant is granted [6-1]. M Andrew McGuire and the law firm of Seyfarth Shaw is given leave to withdraw as counsel for defendant. Lawrence C. DiNardo and the law firm of Jones, Day, Reavis & Pogue is given leave to subtitute as counsel for defendant. Mailed notice (vmj) (Entered: 03/13/2001)
8 ANSWER by defendant to plaintiff's complaint [1-1]; jury demand. (yp) (Entered: 03/23/2001)
SCHEDULE set on 4/5/01 by Hon. William J. Hibbler : Status hearing held ad continued to 9:15 6/26/01. Parties to comply with FRCP 26(a)(1) by 4/11/01. Identification of class members by 6/15/01. Fact discovery to be completed by 7/16/01. Plaintiff's FRCP 26(a)(2)expert to be completed by 8/16/01. Defendant's FRCP 26(a)(2) expert to be completed by 9/16/01. Filing of dispositive motions with supporting memoranda by 10/17/01. Mailed notice (jdh) (Entered: 04/05/2001)
SCHEDULE set on 6/26/01 by Hon. William J. Hibbler : Status hearing held and continued to 9:15 8/14/01 for report on settlement. Fact discovery cut-off extended to 8/16/01. Disclosure of plaintiff's experts pursuant to FRCP 26(a)(2) by 9/16/01. Disclosure of defendant's experts pursuant to FRCP 26(a)(2) by 10/16/01. Filing of dispositive motions with supporting memoranda extended to 11/16/01. Mailed notice (jdh) (Entered: 06/26/2001)
9 MOTION by plaintiff to extend discovery cut-off (Attachment); Notice. (vmj) (Entered: 08/16/2001)
10 MINUTE ORDER of 8/14/01 by Hon. William J. Hibbler: Status hearing held and continued to 9/26/01 at 9:15 a.m. Plaintiff's motion to extend discovery cut-off is granted [9-1]. Discovery extended until 9/28/01. Mailed notice (vmj) (Entered: 08/16/2001)
11 MINUTE ORDER of 9/26/01 by Hon. William J. Hibbler : Status hearing held and continued to 11/7/01 at 9:15 a.m. Parties are to complete deposition by 10/26/01. Mailed notice (eav) (Entered: 09/27/2001)
SCHEDULE set on 11/7/01 by Hon. William J. Hibbler : Status hearing held and continued to 9:15 11/19/01. Parties to submit the Consent Decree to the Court at the next court date. Mailed notice (jdh) (Entered: 11/07/2001)
12 MINUTE ORDER of 11/19/01 by Hon. William J. Hibbler: Status hearing held. All pending dates and motions are terminated as moot. (Enter Consent Decree) terminating case Notices distributed by judge's staff in court (vmj) (Entered: 11/20/2001)

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