Case 6:01-cv-01133-JA-KRS Document 1 Filed 09/28/2001 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORLANDO DMSION

UNITED STATES EQUALEMWLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

CIVIL ACTION NO.

Plaintiff,

)

v.

)

COMPLAINT

)

KMART CORPORATION,

)

JURY TRIAL DEMAND

)

INJUNCTIVE RELIEF SOUGHT

)

Defendant.

)

)

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 ofsex and retaliation, and to provide appropriate reliefto Virginia Anderson, Tracy Brown, Y' Sheena McCoy, Jennifer Valdez, Lisa Williams and any other similarly situated individuals who were adversely affected by such practices. As stated with greater particularity in paragraph seven, the Equal Employment Opportunity Commission (hereinafter the "EEOC" or "Commission") alleges that Virginia Anderson, Tracy Brown, Y'Sheena McCoy, Jennifer Valdez, Lisa Williams, and similarly situated individuals were subjected to unwelcome verbal and physical conduct of a sexual nature by the Defendant because of their sex, female. The conduct was sufficiently severe and pervasive to constitute a hostile intimidating work environment. As a result of the harassment, Virginia

\

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Anderson, Tracy Brown, and Jennifer Valdez were compelled to resign their positions. The Commission further alleges that Defendant subsequently retaliated against Y'Sheena McCoy for complaining of the unlawful sexual harassment by subjecting her to adverse tenns and conditions of employment and discharge.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, l331, l337, l343 and l345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VIT of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(I) and (3) ("Title VIT") 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 ofthe United States District Court for the Middle District ofFlorida, Orlando Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VIT, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VIT, 42 U.S.C. § 2000e-5(f)(I) and (3). 4. At all relevant times, Defendant, Kmart Corporation, (the "Employer"), has continuously been a Michigan Corporation doing business in the State of Florida and the City of Orlando, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer
2

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engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title Vll, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Virginia Anderson, Tracy Brown, Y'Sheena McCoy, Jennifer Valdez, and Lisa Williams each filed a charge with the Commission alleging violations of Title Vll by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least April of 1999, Defendant Employer has engaged in unlawful employment practices at its Orlando, Florida facility, in violation of Section 703(a)(I) and Section 704(a) of Title Vll, 42 U.S.C. § 2000e-2(a) and Section 2000e-3(a). a) Virginia Anderson, Tracy Brown, Y'SheenaMcCoy, Jennifer Valdez, Lisa Williams
and similarly situated individuals were subjected to sexual harassment by their Supervisor and certain coworkers in the form of unwelcome physical and verbal conduct ofa sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The sexually offensive conduct included, but was not limited to: (1) the Supervisor picking up a female employee, throwing her across his
shoulder, and touching her buttocks; (2) male coworkers throwing condoms in the faces of the female employees,
rubbing their penis area and expressing their desires "to go in and out of
3

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them"; and, (3) the Supervisor and coworkers engaging in graphic sexual conversations,
constant flirting, and lustful staring. b) Defendant Employer failed to take prompt corrective action when it knew or should
have known of the of the sexual harassment. c) The harassment was so intolerable that Virginia Anderson, Tracy Brown, and
Jennifer Valdez were compelled to give up their respective positions with Defendant Employer and/or constructively discharged. d) Defendant Employer tenninated Y'Sheena McCoy shortly after she complained about the sexual harassment. Y'Sheena McCoy's termination was in retaliation for her opposition to Defendant's sexual harassment. S. The effect of the practice(s) complained ofin paragraph 7 above has been to deprive Virginia Anderson, Tracy Brown, Y'Sheena McCoy, Jennifer Valdez, Lisa Williams and similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because oftheir sex and/or in retaliation for their opposition to unlawful employment practices. 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 Virginia Anderson,
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Tracy Brown, Y'Sheena McCoy, Jennifer Valdez, Lisa Williams and any 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 orparticipation with it, from engaging in sexual harassment and retaliatory conduct and any other employment practice which discriminates on the basis of sex and/or opposition to an unlawful employment practice. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for all its employees regardless of sex which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Virginia Anderson, Tracy Brown, Y'Sheena McCoy, Jennifer Valdez, Lisa Williams and similarly situated individuals, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefnecessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement and/or front pay, restoration of benefits for Virginia Anderson, Tracy Brown, Y'Sheena McCoy, Jennifer Valdez, Lisa Williams and similarly situated individuals. D. Order Defendant Employer to make whole Virginia Anderson, Tracy Brown, Y'Sheena McCoy, Jennifer Valdez, Lisa Williams and similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices
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described in paragraph 7 above, including but not limited to, out ofpocket losses, medical expenses and job search expenses, in amounts to be detennined at trial.
E. Order Defendant Employer to make whole Virginia Anderson, Tracy Brown, Y'Sheena McCoy, Jennifer Valdez, Lisa Williams and 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, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Virginia Anderson, Tracy Brown, Y'Sheena McCoy, Jennifer Valdez, Lisa Williams and 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.
H. Award the Commission its costs of this action.
JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, NICHOLAS N. INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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Case 6:01-cv-01133-JA-KRS Document 1 Filed 09/28/2001 Page 7 of 7
DELNER FRANKLIN-THOMAS Regional Attorney
Trial Attorney Florida Bar Number 0083054 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Two South Biscayne Boulevard One Biscayne Tower, Suite 2700 Miami, Florida 33131 (305) 530-6007 (305) 536-4494 facsimile
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 Case 6:01-cv-01133-JA-KRS Document 9 Filed 12/04/2001 Page 1 of 4

"-'

Htafir BOX FIt FO

UNITED STATES DISTRICT COURT

~ ..

MIDDLE DISTRICT OF FL0Rt~nr-C _ •.

ORLANDO DMSION

uc.' 'f PH 4: 4,

MCIDlEDRLOEKR.L0UAlSNSTDOROII.SCFTLrgH~1,Cb:T,OCf?O/f/F)t':Jr,

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

vs.

Case No. 6:01-CV-1133-0RL-28DAB

Jury trial demanded

KMART CORPORATION, Defendant.
__________________________________~I
COMPLAINT IN INTERVENTION OF VIRGINIA ANDERSON. TRACY BROWN
AND JENNIFER VALDEZ
Intervenors VIRGINIA ANDERSON, TRACY BROWN and JENNIFER VALDEZ, by and through undersigned counsel, file this complaint as parties-plaintiff, as authorized by Fed. R. Civ. P.24.
Parties 1. PlaintiffEqual Employment Opportunity Commission is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et seq. 2. Defendant Kmart Corporation is incorporated in Michigan; has its principal place of business in Michigan; and does business in Florida, including in the Orlando area. 3. Intervenor Virginia Anderson is a citizen of the state of Florida and resident of Orlando, Florida. She is a former employee of Defendant and worked at Defendant's store located at located

Case 6:01-cv-01133-JA-KRS Document 9 Filed 12/04/2001 Page 2 of 4
at North Hiawassee Road in Orlando from approximately November 1999 to December 1999. 4. Intervenor Tracy Brown is citizen ofthe state of Florida and resident of Orlando, Florida.
She is a former employee of Defendant. Ms. Brown worked at Defendant's store located at North Hiawassee Road in Orlando from approximately October 1999 to January 2000.
5. Intervenor Jennifer Valdez is a citizen of the state of Florida and resident of Starke, Florida. She is a former employee of Defendant and worked at Defendant's store located at North Hiawassee Road in Orlando from approximately November 1999 to January 2000.
Jurisdiction and venue 6. The jurisdictional bases of Plaintiff's complaint are stated at,1 of that complaint and are incorporated by reference herein. 7. This Court has jurisdiction over Intervenors' claims against Defendant under 28 U.S.C. §§ 1331, 1332, 1343, 1367, 2201, and 2202; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; the Equal Pay Act of 1963,29 U.S.C. § 206(d); and the Florida Civil Rights Act of 1992. Diversity jurisdiction under 28 U.S.C. § 1332 exists because Intervenors and Defendant are citizens of different states and the amount in controversy as to each Intervenor exceeds $75,000, excluding interest and costs.
Count I: Tille VII Claims 8. Intervenors incorporate by reference the allegations stated at ~7 (with the exception of subsection (d» and 8-11 of Plaintiff's complaint. 9. As a result of Defendant's unlawful conduct, Intervenors have suffered humiliation, suffering, mental anguish, pain, anxiety, embarrassment, inconvenience and loss of income. 10. Intervenors have complied with all conditions precedent to bringing suit.
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Case 6:01-cv-01133-JA-KRS Document 9 Filed 12/04/2001 Page 3 of 4
WHEREFORE Intervenors seek back pay; compensatory damages for humiliation, suffering, mental anguish, pain, anxiety, embarrassment, and inconvenience; punitive damages; prejudgment interest; declaratory relief; attorney's fees; costs; and such other relief as the Court deems just.
Intervenors demand a jury trial.
Count IIi Florida Civil Ri&Jrts Act Claims
11. Defendant is an "employer" within the meaning of the Florida Civil Rights Act. 12. Intervenors incorporate by reference the allegations stated at 1I117(a)-(c) of Plaintiffs complaint. 13. The practices complained of at mf7(a}-{c) ofPlaintifi's complaint constituted unlawful sex discrimination in violation of the Florida Civil rights Act. 14. Defendant acted maliciously or with reckless indifference to Intervenors' rights. 15. As a result of Defendant's unlawful conduct, Intervenors have suffered humiliation, suffering, mental anguish, pain, anxiety, embarrassment, inconvenience and loss of income. 16. Intervenors complied with all conditions precedent to bringing suit. WHEREFORE Intervenors seek back pay; compensatory damages for humiliation, suffering, mental anguish, pain, anxiety, embarrassment, and inconvenience; punitive damages; prejudgment interest; declaratory relief; attorney's fees; costs; and such other relief as the Court deems just. Intervenors demand a jury trial.
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Case 6:01-cv-01133-JA-KRS Document 9 Filed 12/04/2001 Page 4 of 4
Respectfully submitted this.!::J!!::d' ay of December, 2001 by:
~gl2dJ/
Kathryn S. Piscitelli Florida Bar No. 368598
C?5-z.f2#l
fOr Joseph Egan, Jr.
Florida Bar No. 180102 EGAN, LEV & SIWICA, P.A. Post Office Box 2231 Orlando, Florida 32802 Phone (407) 422-1400 Counsel for Intervenors Anderson, Brown and Valdez
Certificate of Service I certify that a copy of the foregoing was sent via U.S. Mail to Kenneth L. Gillespie, Equal Employment Opportunity Commission, Two South Biscayne Boulevard, One Biscayne Tower, Suite 2700, Miami, Florida 33131; Ron Schirtzer, Foley & Lardner, 111 N. Orange Ave., Suite 1800, Orlando, FL 32801; Martha Chapman, 823 Irma Ave., Orlando, FL 32803; Carol Swanson, 801 N. Magnolia Ave., Suite 301, Orlando, FL 32803.
dg£g
Kathryn S. Piscitelli Florida Bar No. 368598
-4-

 
 -- F1LED r Case 6:01-cv-01133-JA-KRS Document 20 Filed 01/09/2002 Page 1 of 4

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

7"'7 JI.1t - 9 All '" 26

ORLANDO DIVISION

',:;-~r,:CT COURT
C:) TH!eT OF FLORIO A

_;,:;00. fLORIDA.

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
vs.

Case No. 6:01-CV-I133-0RL-28DAB Jury trial demanded

KMART CORPORATION, Defendant.
----------------------------------~/
AMENDED COMPLAINT IN INTERVENTION OF VIRGINIA ANDERSON. TRACY
BROWN AND JENNIFER VALDEZ
Intervenors VIRGINIA ANDERSON, TRACY BROWN and JENNIFER VALDEZ, by and through undersigned counsel, file this complaint as parties-plaintiff, as authorized by Fed. R. Civ. P.24.
Parties I. Plaintiff Equal Employment Opportunity Commission is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, 42 U.S.c. § 2000e et seq. 2. Defendant Kmart Corporation is incorporated in Michigan; has its principal place of business in Michigan; and does business in Florida, including in the Orlando area. 3. Intervenor Virginia Anderson is a citizen of the state of Florida and resident of Orlando, Florida. She is a former employee of Defendant and worked at Defendant's store located at located

Case 6:01-cv-01133-JA-KRS Document 20

- Filed 01/09/2002 Page 2 of 4

at North Hiawassee Road in Orlando from approximately November 1999 to December 1999. 4. Intervenor Tracy Brown is citizen of the state of Florida and resident of Orlando, Florida.
She is a former employee of Defendant. Ms. Brown worked at Defendant's store located at North Hiawassee Road in Orlando from approximately October 1999 to January 2000.
5. Intervenor Jennifer Valdez is a citizen of the state of Florida and resident of Starke, Florida. She is a former employee of Defendant and worked at Defendant's store located at North Hiawassee Road in Orlando from approximately November 1999 to January 2000.
Jurisdiction apd Vepue 6. The jurisdictional and venue bases of Plaintiff's complaint are stated at ~~1-2 of that complaint and are incorporated by reference herein. 7. This Court has jurisdiction over Intervenors' claims against Defendant under 28 U.S.C. §§ 1331,1332, 1343, 1367, 2201 and 2202; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; and the Florida Civil Rights Act of 1992. Diversity jurisdiction under 28 U.S.C. § 1332 exists because Intervenors and Defendant are citizens of different states and the amount in controversy as to each Intervenor exceeds $75,000, excluding interest and costs. Venue lies with this Court as to Intervenors' claims, as the events giving rise to their claims occurred in Orange County, Florida.
Count I: Title VII Claims 8. Intervenors incorporate by reference the allegations stated at ~~7 (with the exception of subsection (d)) and 8-10 of Plaintiff's complaint. 9. As a result of Defendant's unlawful conduct, Intervenors have suffered humiliation, suffering, mental anguish, pain, anxiety, embarrassment, inconvenience and loss of income.

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10. Intervenors have complied with all conditions precedent to bringing suit. WHEREFORE Intervenors seek back pay; compensatory damages for humiliation, suffering, mental anguish, pain, anxiety, embarrassment, and inconvenience; punitive damages; prejudgment interest; declaratory relief; attorney's fees; costs; and such other relief as the Court deems just. Intervenors demand a jury trial.
Count II: Florida Ciyil Rights Act Claims 11. Defendant is an "employer" within the meaning of the Florida Civil Rights Act. 12. Intervenors incorporate by reference the allegations stated at ~~7(a}-{c), 8 and 9 of Plaintiff's complaint. 13. The practices complained of at ~7(a}-(c) of Plaintiff's complaint constituted unlawful sex discrimination in violation of the Florida Civil Rights Act. 14. Defendant acted maliciously or with reckless indifference to Intervenors' rights. 15. As a result of Defendant's unlawful conduct, Intervenors have suffered humiliation, suffering, mental anguish, pain, anxiety, embarrassment, inconvenience and loss of income. 16. Intervenors complied with all conditions precedent to bringing suit. WHEREFORE Intervenors seek back pay; compensatory damages for humiliation, suffering, mental anguish, pain, anxiety, embarrassment, and inconvenience; punitive damages; prejudgment interest; declaratory relief; attorney's fees; costs; and such other relief as the Court deems just. Intervenors demand a jury trial.
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Case 6:01-cv-01133-JA-KRS Document 20 Filed 01/09/2002 Page 4 of 4

Respectfully submitted this 17th

day of December, 2001 by:
<7!s£l~
Kathryn S. Piscitelli Florida Bar No. 368598
ddl2atf1
Joseph Egan, Jr. Florida Bar No. 180102 EGAN, LEV & SIWICA, P.A. Post Office Box 2231 Orlando, Florida 32802 Phone (407) 422-1400 Counsel for Intervenors Anderson, Brown and Valdez

Certificate of Service

I certify that a copy of the foregoing was sent December 17,2001, via U.S. Mail to Kenneth

L. Gillespie, Equal Employment Opportunity Commission, Two South Biscayne Boulevard, One

Biscayne Tower, Suite 2700, Miami, Florida 33131;

/l

q;>{g~~

Kathryn S. Piscitelli Florida Bar No. 368598

CC: Martha Chapman 823 Irma Ave. Orlando, FL 32803

Carol Swanson 801 N. Magnolia Ave. Suite 301 Orlando, FL 32803

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 Case 6:01-cv-01133-JA-KRS Document 21 Filed 01/09/2002 Page 1 of 14
~ F!LED
\\" 7r::!Z J~N -9 AM 9; 26

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

UNITED STATES EQUAL EMPLOYMENT ) Case No. 6:01-cv-1133-0rl-28DAB

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

)

KMART CORPORATION,

)

)

_____D__ef_e_n_d_an_t_. _____________________1)

COMPLAINT IN INTERVENTION OF Y'SHEENA McCOY [Jury Trial Demand]
Intervenor, Y'SHEENA McCOY, by and through her undersigned counsel, files this complaint as party-plaintiff, pursuant to Rule 24 of the Federal Rules of Civil Procedure.
I. NATURE OF THE CLAIM 1. In this action, Y'SHEENA McCOY alleges that she was subjected to sexual harassment and sex discrimination. Furthermore, Intervenor alleges that she was discharged in retaliation for making an internal complaint about the sexual harassment and sex discrimination. Specifically, McCOY seeks redress against Defendant Kmart for these discriminatory employment practices in violation of her rights secured by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq., and the Florida Civil Rights Act, §760.01 et seq., Florida Statutes. Additionally, McCOY brings state tort claims for battery, assault, intentional infliction of emotional distress, invasion of privacy, and negligent supervision and retention.

Case 6:01-cv-01133-JA-KRS Document 21 Filed 01/09/2002 Page 2 of 14
II. JURISDICTION 2. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331, and 42 U.S.C. §2000e-5(F)(3). This Court has supplemental jurisdiction pursuant to 28 U.S.C. §1367(a) over McCOY's state law claims. 3. McCOY's Title VII claims are brought as of right pursuant to Rule 24(a)(1) of the Federal Rules of Civil Procedure and 42 U.S.C. §2000e-5(f)(1) and pursuant to leave of Court. 4. McCOY's state law claims are permissive claims brought pursuant to leave of Court and Rule 24(b).
III. PARTIES 5. Intervenor Y'SHEENA McCOY, a citizen of the United States and a resident of Orange County, Florida, is a former employee of the Defendant, KMART CORPORATION, at Defendant's store located at North Hiawassee Road in Orlando from approximately April 1999 to August 1999. 6. Defendant KMART CORPORATION is a corporation organized under the laws of the State of Michigan. Defendant operates retail sales stores which do business in Florida, including the store located in Orlando, Florida at which McCOY was employed.
a. Defendant is now and at all material times has been engaged in commerce or an activity affecting commerce.
b. Defendant employed 500 or more employees for each working day in each of 20 or more calendar weeks in the relevant years.
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IV. CONDITIONS PRECEDENT
7. a. Intervenor McCOY filed an administrative charge of discrimination with
the Equal Employment Opportunity Commission, which was cross-filed with the Florida Commission on Human Relations.
b. Intervenor McCOY has satisfied all conditions precedent to filing her Title VII and FCRA claims.
V. FACTS 8. On April 10, 1999, Intervenor McCOY began working for Defendant while she was seventeen years old and attending high school. 9. Intervenor McCOY worked for Defendant as part-time employee in the evenings as a floor clerk and cashier. 10. Throughout her employment with Defendant, Intervenor McCOY was subjected to a hostile work environment, unwelcome sexual harassment, and discrimination on account of her sex, female. 11. Intervenor McCOY was subjected to ongoing and pervasive, sexually offensive, unwelcome, and intentional conduct by Anthony Thomas, who was McCOY's direct supervisor. These actions included the unwelcome touching of her body and being subjected to unwelcome sexually oriented and explicit comments and actions during and after working hours on an ongoing and repeated basis. 12. Intervenor McCOY repeatedly indicated to Anthony Thomas that such remarks and touching were not welcomed by her.
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13. McCOY suffered from emotional and physical problems related to the stress caused by the sexual harassment by Thomas. As a result, McCOY had to seek medical assistance and lost time at work.
14. In about late July 1999, McCOY complained to another manager about the unwelcome sexual harassment by Thomas. That manager set up a meeting with another manager for Intervenor to complain further up the company management chain of command; however, that meeting never took place, due to no fault of McCOY.
15. In retaliation for McCOY's internal complaint, she was subjected to retaliation by her supervisor, Anthony Thomas, and other employees and managers of the company by being unfairly disciplined and terminated from her employment.
16. Within one month of McCOY's complaint to management, she was terminated from her employment by Defendant.
17. The reprimand leading to her termination was written by Thomas. 18. The person who actually notified McCOY of her termination was the manager with whom she was supposed to meet to further report the sexual harassment by Thomas. 19. The reason given by Defendant for McCOY's termination is untrue and pretextual. 20. At all times she was employed by the Defendant, McCOY performed her work responsibilities in a satisfactory manner. 21. The sexual harassment and discrimination by Anthony Thomas created an intimidating, hostile and offensive work environment. 22. Prior to receiving McCOY's complaint about Thomas, Defendant had actual or constructive knowledge that Thomas had engaged in sexually harassing conduct with other
4

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female employees. 23. Defendant had actual or constructive knowledge of the sexually harassing conduct
of Thomas since the conduct was so pervasive, obvious, flagrant, rampant or a continued duration.
24. Despite having such actual or constructive knowledge, Defendant failed to take any appropriate remedial action.
25. Defendant knew of and tolerated the sexual harassment by Thomas. 26. Moreover, Defendant failed to conduct a proper investigation of McCOY's complaint of sexual harassment. 27. The unlawful practices described above were done with malice and reckless indifference to the federally protected rights of McCOY. 28. As a direct and proximate result of the Defendant's conduct described in paragraphs 10 through 27, McCOY has suffered degradation, humiliation, mental anguish, loss of the capacity for the enjoyment of life, and loss of earnings and benefits.
VI. CLAIMS FOR RELIEF Count I: Sexual Harassment Claims
(Title VII and FCRA) 29. Intervenor McCOY incorporates by reference the allegations stated at paragraphs 7 through 11 of Plaintiff EEOC's complaint and paragraphs 2 through 28 above. 30. Defendant's discriminatory employment practices described above resulted in McCOY being subjected to sexual harassment and a sexually offensive and hostile work environment. Defendant deprived McCOY of her right to be free from sex discrimination and
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sexual harassment, a right secured by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. and the Florida Civil Rights Act, §760.01 et seq., Florida Statutes.
WHEREFORE, based on the foregoing, the Intervenor-Plaintiff Y'SHEENA McCOY demands judgment against the Defendant KMART as follows, pursuant to Title VII and the FCRA:
a. Directing Defendant to make McCOY whole for all losses of wages, benefits, seniority, and all other tenns and conditions of employment from the date she was terminated, with interest;
b. Ordering Defendant to place McCOY in the position which she would have had, absent Defendant's unlawful discrimination, or, in the alternative, front pay and benefits;
c. Restoring McCOY with credits of all other employee benefits she would have received but for Defendant's unlawful discrimination;
d. Awarding McCOY compensatory and punitive damages pursuant to the Civil Rights Act of 1991 and Fla. Stat. §760.11(5);
e. Issuing a Declaratory Judgment that Defendant's practices are violative of McCOY's rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq., and the Florida Civil Rights Act, §760.01 et seq., Florida Statutes;
f. Enjoining Defendant from continuing or maintaining the policy, practice, and custom of denying female employees their rights secured by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq., and the Florida Civil Rights Act, §760.01 et seq., Florida Statutes;
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g. Granting McCOY costs and reasonable attorney's fees, pursuant to 42 U.S.C. §2000e-5(k) and Fla. Stat. §760.11(5); and
h. Granting any other relief as the Court deems appropriate.
Count ll: Retaliation
(Title VII and FCRA) 31. Intervenor McCOY incorporates by reference the allegations stated at paragraphs 7 through 11 of Plaintiff EEOC's complaint and paragraphs 2 through 28 above. 32. Defendant's discriminatory employment practices described above resulted in McCOY being subjected to retaliation for having complained of sexual harassment and a sexually offensive and hostile work environment. Defendant's termination of McCOY's employment deprived McCOY of her right to be free from retaliation, a right secured by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seg. and the Florida Civil Rights Act, §760.01 et seg., Florida Statutes. WHEREFORE, based on the foregoing, the Intervenor-Plaintiff Y'SHEENA McCOY demands judgment against the Defendant KMART as follows, pursuant to Title VII and the FCRA:
a. Directing Defendant to make McCOY whole for all losses of wages, benefits, seniority, and all other terms and conditions of employment from the date she was terminated, with interest;
b. Ordering Defendant to place McCOY in the position which she would have had, absent Defendant's unlawful discrimination, or, in the alternative, front pay and benefits;
7

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c. Restoring McCOY with credits of all other employee benefits she would have received but for Defendant's unlawful discrimination;
d. Awarding McCOY compensatory and punitive damages pursuant to the Civil Rights Act of 1991 and Fla. Stat. §760.11(5);
e. Issuing a Declaratory Judgment that Defendant's practices are violative of McCOY's rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq., and the Florida Civil Rights Act, §760.01 et seq., Florida Statutes;
f. Enjoining Defendant from continuing or maintaining the policy, practice, and custom of denying female employees their rights secured by Title VII of the Civil Rights Act of 1964,42 U.S.C. §2000e et seq., and the Florida Civil Rights Act, §760.01 et seq., Florida Statutes;
g. Granting McCOY costs and reasonable attorney's fees, pursuant to 42 U.S.C. §2000e-5(k) and Fla. Stat. §760.11(5); and
h. Granting any other relief as the Court deems appropriate.
Count In: Battery 33. McCOY incorporates and realleges paragraphs 4, 5, 7, 9, 10 of Plaintiff EEOC's Complaint and paragraphs 2, 4, 5, 6, and 8 through 28 above. 34. Anthony Thomas, in his capacity as McCOY's supervisor, made intentional physical advances by repeatedly touching and making physical contact with Plaintiff in an uninvited, unwanted and unauthorized manner. 35. As a direct and proximate result of the intentional and offensive contact by
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Thomas with Intervenor's person, Intervenor McCOY suffered great damage to both her physical and mental well-being, and therefore seeks redress from this Court.
36. The tortious conduct of Thomas was committed within the course and scope of his employment as a manager for Defendant, and in furtherance of both the interest of Thomas and Defendant. Since Defendant knew or should have known of Thomas's propensity to commit the acts described herein, by its inaction, Defendant ratified the acts of Thomas and, as a result, is liable for said actions.
WHEREFORE, Intervenor McCOY seeks compensatory damages, punitive damages, prejudgment interest, declaratory relief, attorney's fees and costs, and such other relief as the Court deems just.
Count IV: Assault 37. McCOY incorporates and realleges paragraphs 4, 5, 7, 9, 10 of Plaintiff EEOC's Complaint and paragraphs 2, 4, 5, 6, 8 through 28, and 34 through 36 above. 38. Through its employee, Anthony Thomas, Defendant engaged in conduct which resulted in Intervenor McCOY being placed in fear of being subjected to intentional and unauthorized physical contact by Thomas. 39. As a direct and proximate result of Thomas's placing Intervenor McCOY in fear of intentional immediate offensive contact with Intervenor's person, McCOY suffered great damage to both her physical and mental well-being, and therefore seeks redress from this Court. WHEREFORE, Intervenor McCOY seeks compensatory damages, punitive damages, prejudgment interest, declaratory relief, attorney's fees and costs, and such other relief as the
9

Case 6:01-cv-01133-JA-KRS Document 21 Filed 01/09/2002 Page 10 of 14
Court deems just.
Count V: Intentional Infliction of Emotional Distress 40. McCOY incorporates and realleges paragraphs 4, 5, 7, 9, 10 of Plaintiff EEOC's Complaint and paragraphs 2, 4, 5, 6, 8 through 28, 34 through 36, and 38 above. 41. Defendant engaged in the conduct described above which resulted in Intervenor McCOY being subjected to extreme emotional distress. 42. During the period when Intervenor McCOY was employed by Defendant, Thomas acted intentionally and in a manner calculated to inflict severe emotional distress on McCOY. The actions of Thomas, as described herein, were so outrageous as to be beyond all bounds of decency. 43. Thomas' actions were intentionally taken, with great indifference for Intervenor's emotional well-being. His actions were of a nature calculated to cause severe mental damage to Intervenor, so that malice can be reasonably implied from them. 44. The extreme and outrageous character of Thomas's conduct arises in part from his position as supervisor over McCOY, which afforded him authority over McCOY and gave him the direct power to affect McCOY's interests. 45. Moreover, the extreme and outrageous character of Thomas's conduct arises in part from the fact that he engaged in these actions toward McCOY despite his knowledge that she was a minor, under the age of eighteen. 46. As a direct and proximate result of Defendant's actions, Intervenor McCOY has been deeply disturbed and humiliated, and has suffered great loss of self-esteem. The mental
10

Case 6:01-cv-01133-JA-KRS Document 21 Filed 01/09/2002 Page 11 of 14
shock and hurt of Intervenor has been intense, aggravated, and prolonged, and she therefore seeks redress from this Court.
WHEREFORE, Intervenor McCOY seeks compensatory damages, punitive damages, prejudgment interest, declaratory relief, attorney's fees and costs, and such other relief as the Court deems just.
Count VI: Invasion of Privacy 47. McCOY incorporates and realleges paragraphs 4,5,7,9,10 of Plaintiff EEOC's Complaint and paragraphs 2, 4, 5, 6, 8 through 28, 34 through 36, and 38 above. 48. Thomas invaded Intervenor McCOY's privacy by intruding into Intervenor's solitude in an offensive and objectionable manner which would cause mental distress and injury to a reasonable person having ordinary dealings and sensibilities. 49. In addition to the conduct already described, Thomas asked McCOY intrusive questions about her personal life, including seeking intimate details about her relationship with her boyfriend. 50. As a direct and proximate result of Thomas' actions, Plaintiff was injured and suffered great damages to both her physical and mental well-being. WHEREFORE, Intervenor McCOY seeks compensatory damages, punitive damages, prejudgment interest, declaratory relief, attorney's fees and costs, and such other relief as the Court deems just.
11

Case 6:01-cv-01133-JA-KRS Document 21 Filed 01/09/2002 Page 12 of 14
Count vm: Nea:lilent Retention and Supervision
51. McCOY incorporates and realleges paragraphs 4, 5, 7, 9, 10 of Plaintiff EEOC's Complaint and paragraphs 2, 4, 5, 6, 8 through 28, 34 through 36, 38, 42 through 45, 48 and 49 above
52. At all material times to this Complaint in Intervention, Defendant employed Thomas as a manager. Upon infonnation and belief, Thomas is still employed by Defendant as a manager.
53. Because of the open and flagrant actions of its employee, Anthony Thomas, who was Intervenor's Supervisor, Defendant knew or should have known of his conduct and Defendant was negligent in supervising and retaining Mr. Thomas' employment with Defendant.
54. At all times material herein, Thomas was unsuitable, dangerous, and unfit to perfonn the work required as a manager for Defendant, because he behaved in a professionally inappropriate manner toward his female employee, McCOY, and others, of which Defendant knew or should have known.
55. Defendant knew or should have known that a person in McCOY's position would be subjected to an unreasonable risk of hann from Thomas and negligently failed to supervise Thomas, and negligently retained Thomas as a manager in its store, despite the risk of harm to McCOY and to other female employees.
56. Defendant breached its duty owed to McCOY to use reasonable care in supervising and retaining managers such as Thomas, where Defendant knew that Thomas had the propensity to perpetrate assaults and batteries of an indecent sexual nature upon his female employees and to inflict upon them severe emotional distress in the manner described herein.
12

Case 6:01-cv-01133-JA-KRS Document 21 Filed 01/09/2002 Page 13 of 14
57. As a direct and proximate result of Defendant's negligent supervision and retention of Mr. Thomas, McCoy was injured and suffered great damages to both her physical and mental well-being.
WHEREFORE, Intervenor McCOY seeks compensatory damages, punitive damages, prejudgment interest, declaratory relief, attorney's fees and costs, and such other relief as the Court deems just.
VIT. REOUEST FOR JURy TRIAL McCOY requests a trial by jury on all issues so triable.
Respectfully Submitted,

DATE: December 20,2001

Florida Bar No. 4464
MARTHA A. CHAPMAN, P.A. 823 Irma Avenue Orlando, Florida 32803 (407) 426-7188 (407) 426-9077 (fax)
ATTORNEYS FOR INTERVENOR MCCOY

13

Case 6:01-cv-01133-JA-KRS Document 21 Filed 01/09/2002 Page 14 of 14
'. ,

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

vs.

Case No. 6:01-cv-1133-0rl-28DAB

KMART CORPORATION,

Defendant. -----------------------------------------------------------------I

t),VCERTIFICATE OF SERVICE

t;J sent

I via

Uhe.Sre.bMy acielrttifhyis'~adtaryueofanDdecceomrrebcetr,co20p0y1otfot:hceofuonrseeglofiongr

Motion to Intervene was Plaintiff EEOC, Kenneth

L. Gillespie, Equal Employment Opportunity Commission, Two South Biscayne Boulevard, One

Biscayne Tower, Suite 2700, Miami, Florida 33131; counsel for Defendant, Ron Schirtzer,

Foley & Lardner, 111 North Orange Avenue, Suite 1800, Orlando, Florida 32801; counsel for

intervenors Anderson, Brown, and Valdez, Kathryn S. Piscatelli, Egan, Lev & Siwica, P.A.,

Post Office Box 2231 Orlando, FL 32802; and counsel for intervenor Lisa Williams, Carol

Swanson, 801 North Magnolia Avenue, Suite 301, Orlando, Florida 32803.

Respectfully Submitted,

DATE: December 20,2001 mccoy.min

Florida Bar No. 4464 MARTHA A. CHAPMAN, 823 Irma Avenue Orlando, Florida 32803 (407) 426-7188 (407) 426-9077
ATTORNEYS FOR INTERVENOR MCCOY

 
 Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 1 of 13
FIL~ED

r

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

2m2 ..l~N 2q PH 2: 13

ORLANDO DIVISION

UNITED STATES EQUAL

)

t'.S. [J:STi,.~_~ COURT h:CCLE OlST~:jCT OF FLORIDA
ORU,JiDO. FLO~::DA

EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

CASE NO. 6:01cv-1133-0RL-28-DAB

)

KMART CORPORATION

)

)

Defendant.

)

)

COMPLAINT IN INTERVENTION OF LISA WILLIAMS

Intervenor, LISA WILLIAMS, by and through undersigned counsel, files this

complaint as party-plaintiff, as authorized by Rule 24 of the Florida Rules of Civil

Procedure.

NATURE OF THE CLAIM

1. LISA WILLIAMS alleges that she was subjected to sexual harassment, sex

discrimination and demoted in retaliation for making an internal complaint aboutthe sexual

harassment and sex discrimination which are in violation of her rights secured by Title VII

of the Civil Rights Act of 1964, 42 U. S. C. § 2000e et seq. and § 760.01 et seq., Florida

Statutes.

2. Further WILLIAMS sues for state tort claims of assault and battery, invasion of

privacy, intentional infliction ofemotional distress, and negligent supervision and retention.

PARTIES

-1-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 2 of 13
3. Plaintiff, the Equal Employment Opportunity Commission (hereinafter EEOC) is the agency ofthe United States of America charged with the administration, interpretation and enforcement of Title VII OF THE Civil Rights Act of 1964, 42 U. S. C. § 2000e et seq.
4. Intervenor, LISA WILLIAMS (hereinafter WILLIAMS), a citizen of the United States and a resident of Orange County Florida, is a former employee of the Defendant, KMART CORPORATION, at the store located at North Hiawassee Road in Orlando, Florida, from approximately January 5, 2000 through the summer of 2000.
5. KMART is incorporated in Michigan and has its principal place of business in Michigan. Defendant operates retail sales stores in the state of Florida, including the Orlando store where WILLIAMS was employed.
6. At all material times to this complaint, KMART engaged in commerce or in activities affecting commerce.
7. KMART employed 500 or more employees for each working day in each of 20 or more calendar weeks during the time period relevant to this complaint.
JURISDICTION 8. This Court has jurisdiction pursuant to 28 U. S. C. § 1331 and 42 U. S. C. §2000e5(f)(3). The Court has supplemental jurisdiction pursuantto 28 U. S. C. §1367(a) over the state law claims. 9. WILLIAMS' Title VII claim is brought as of right pursuant to Rule 24(a)(1) of the Federal Rules of Civil Procedure and 42 U. S. C. §2000e-5(f)(1) and pursuant to leave of Court. 10. WILLIAMS' state law claims are permissive and brought pursuant to Rule 24(b) of
-2-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 3 of 13
the Federal Rules of Civil Procedure and pursuant to leave of Court. CONDITIONS PRECEDENT
11. WILLIAMS filed two separate charges of discrimination and retaliation. One charge was filed with the EEOC and one was filed independently and separately with the Florida Commission on Human Relations.
12. WILLIAMS has satisfied all conditions precedent to filing her Title VII and FCRA claims.
FACTS 13. On January 5, 2000, WILLIAMS began working for KMART in the Lay Away Department. 14. Shortly after she began working at the North Hiawassee Store, a fellow employee by the name of Joseph Haywood (hereinafter Haywood) began hugging her in a way that allowed him to get a lingering feel of her breasts. 15. Sometime during the last two weeks of April, 2000, Haywood came up behind WILLIAMS while she was working. 16. While standing behind her, Haywood shoved his erect penis up against her buttocks. 17. WILLIAMS ran from the area crying and went to the management office to report the incidents. 18. At the manager's office, the secretary paged Anthony Thomas, a supervisor, to figure out what to do with WILLIAMS complaint. 19. Another employee, who was present in the office at the time, said "Joseph does
-3-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 4 of 13
that to a/l the girls." 20. When Anthony Thomas arrived at the management office, he refused to address
the WILLIAMS' complaint of sexual harassment and left the office. 21. Later, Anthony Thomas approached WILLIAMS two different times and tried to
convince her to drop the charges of harassment. 22. When WILLIAMS said she would not let the matter drop, Anthony Thomas made
derogatory comments toward her and subsequently treated her in a hostile manner. 23. In or about the last half of April, WILLIAMS reported the sexual assault to the
company's "1-800" number that she found in a break room. 24. On May 12, 2000, less than 30 days after reporting the sexual assault,
management demoted WILLIAMS to another job and moved her from day time hours to night time hours. Management also cut her time from 40 hours per week to less than 20 hours per week.
25. Management also reprimanded her for false and pretextual reasons after she reported the sexual assault.
26. KMART had both actual and constructive knowledge of the sexually harassing conduct of Haywood since the conduct was so pervasive, obvious, flagrant, rampant or of continued duration.
27. KMART had both actual and constructive knowledge that Anthony Thomas was also engaging in sexually harassing conduct toward other female employees.
28. Yet KMART retained Anthony Thomas as a manager who was expected to respond to WILLIAMS' report of a sexual assault by Haywood. KMART also allowed
-4-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 5 of 13
Anthony Thomas to treat WILLIAMS in a retaliatory fashion because she insisted in reporting the sexual assault.
29. KMART knew of and tolerated the sexual harassment by Haywood and retaliation by Anthony Thomas.
30. KMART also failed to conduct an investigation into WILLIAMS report of sexual harassment.
31. The foregoing unlawful practices alleged above were done with malice and reckless indifference to the federally protected rights of WILLIAMS.
32. As a direct and proximate result of KMART's conduct described in paragraphs 14 through 31 above, WILLIAMS suffered degradation, humiliation, mental anguish, loss of the capacity for the enjoyment of life, and loss of earnings and benefits.
COUNT I: SEXUAL HARASSMENT (Title VII and FCRA)
33. WILLIAMS incorporates by reference the allegations stated at paragraphs 7 through 11 of the Plaintiffs EEOC complaint and paragraphs three (3) through 32 above.
34. KMART's discriminatory employment practices as alleged above resulted in WILLIAMS subjection to sexual harassment and a sexually offensive and hostile work environment.
35. KMART deprived WILLIAMS of her right to be free from sex discrimination and sexual harassment, rights secured by Title VII ofthe Civil Rights Act of 1964, 42 U. S. C.
§ 2000e et seq., Florida Statutes.
WHEREFORE, WILLIAMS demands judgment against KMART as follows, pursuant
-5-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 6 of 13
to Title VII and the FCRA: a. Directing KMART to make WILLIAMS whole for all losses of wages,
benefits, seniority, and all other terms and conditions of employment from the date she was demoted, with interest;
b. Ordering KMART to place WILLIAMS in the position she would have had absent its unlawful discrimination, or, in the alternative, front pay and benefits;
c. Restoring WILLIAMS with credits of all other employee benefits she would have received but for KMART's unlawful discrimination;
d. Awarding WILLIAMS compensatory and punitive damages pursuant to the Civil Rights Act of 1991 and §760.11 (5), Florida Statutes;
e. Issuing a Declaratory Judgment that KMART's practices are violative
of WILLIAMS' rights under Title VII of the Civil Rights Act of 1964, 42 u. S. C. § 2000e et
seq and the Florida Civil Rights Act, §760.01 et seq, Florida Statutes; f. Enjoining KMARTfrom continuing or maintaining the policy, practice, and
custom of denying female employees their rights secured by Title VII of the Civil Rights Act
of 1964, 42 u. S. C. § 2000e et seq. and the Florida Civil Rights Act, §760.01 et seq,
Florida Statutes; g. Granting WILLIAMS costs and reasonable attorney's fees, pursuant to
42 U. S. c. § 2000e-5(k) and § 760.11 (5), Florida Statutes, and
h. Granting any other relief deemed appropriate by the Court. COUNT II: RETALIATION (Title VII and FCRA)
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Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 7 of 13
36. WILLIAMS incorporates by reference the allegations stated at paragraphs 7 through 11 of the Plaintiffs EEOC complaint and paragraphs three (3) through 32 above.
37. KMART's discriminatory employment practices as alleged above resulted in WILLIAMS being subjected to retaliation for complaining of sexual harassment and a sexually offensive and hostile work environment. KMART's demotion of WILLIAMS deprived her of her right to be free from retaliation, a right secured by Title VII of the Civil Rights Act of 1964,42 U. S. C. § 2000e et seq., and § 760.01 et seq., Florida Statutes.
WHEREFORE, WILLIAMS demands judgment against KMART as follows, pursuant to Title VII and the FCRA:
a. Directing KMART to make WILLIAMS whole for all losses of wages, benefits, seniority, and all other terms and conditions of employment from the date she was demoted, with interest;
b. Ordering KMART to place WILLIAMS in the position she would have had absent its unlawful discrimination, or, in the alternative, front pay and benefits;
c. Restoring WILLIAMS with credits of all other employee benefits she would have received but for KMART's unlawful discrimination;
d. Awarding WILLIAMS compensatory and punitive damages pursuant to the Civil Rights Act of 1991 and §760.11 (5), Florida Statutes;
e. Issuing a Declaratory Judgment that KMART's practices are violative of WILLIAMS' rights under Title VII of the Civil Rights Act of 1964, 42 U. S. C. § 2000e et seq and the Florida Civil Rights Act, §760.01 et seq, Florida Statutes;
f. Enjoining KMART from continuing or maintaining the policy, practice, and
-7-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 8 of 13
custom of denying female employees their rights secured by Title VII of the Civil Rights Act of 1964, 42 U. S. C. § 2000e et seq. and the Florida Civil Rights Act, §760.01 et seq, Florida Statutes;
g. Granting WILLIAMS costs and reasonable attorney's fees, pursuant to 42 U. S. C. § 2000e-5(k) and § 760.11 (5), Florida Statutes, and
h. Granting any other relief deemed appropriate by the Court. COUNT III: BATTERY
38. WILLIAMS incorporates and realleges paragraphs 4, 5, 7, 9, and 10 of the Plaintiffs EEOC complaint and paragraphs 4, 5, 8, 10, 13 through 32 above.
39. Haywood, made intentional physical advances by making sexual physical contact with WILLIAMS in an uninvited, unwanted and unauthorized manner.
40. As a direct and proximate result of Haywood's placing WILLIAMS in fear of intentional immediate offensive contact with WILLIAMS' person, WILLIAMS suffered damage to both her physical and mental well-being, and she therefore seeks redress from this Court.
41. Since KMART knew or should have known of Haywood's propensity to commit the acts described herein, by its inaction, KMART ratified the acts of Haywood and, as a result, is liable for said action.
WHEREFORE, WILLIAMS seeks compensatory damages, punitive damages, prejudgment interest, declaratory relief, attorney's fees and costs, and such other relief as the Court deems just.
COUNT IV: ASSAULT -8-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 9 of 13
42. WILLIAMS incorporates and realleges paragraphs 4, 5, 7, 9, and 10 of the Plaintiff's EEOC complaint and paragraphs 4, 5, 8, 10, 13 - 32, and 39 through 41 above.
43. Through its employee, Haywood, KMART engaged in conduct which resulted in WILLIAMS being placed in fear of being subjected to intentional and unauthorized physical contact by Haywood.
44. As a direct and proximate result of Haywood's placing WILLIAMS in fear of intentional immediate offensive contact with her person, WILLIAMS suffered damage to both her physical and mental well-being, and therefore seeks redress from this Court.
WHEREFORE, WILLIAMS seeks compensatory damages, punitive damages, prejudgment interest, declaratory relief, attorney's fees and costs, and such other relief as the Court deems just.
COUNT V: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 45. WILLIAMS incorporates and realieges paragraphs 4, 5, 7, 9 and 10 of the Plaintiff's EEOC complaint and paragraphs 4, 5, 8, 10, 13 - 32, 39 through 41, and 43 above. 46. KMART engaged in the conduct described above which resulted in WILLIAMS being subjected to extreme emotional distress. 47. During the period when WILLIAMS was employed by KMART, Haywood acted intentionally and in a manner calculated to inflict severe emotional distress on WILLIAMS. The actions of Haywood were so outrageous as to be beyond all bounds of decency. 48. Haywood's actions were done intentionally, with great indifference for WILLIAMS emotional well-being. His actions were of a nature calculated to cause severe mental
-9-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 10 of 13

damage to WILLIAMS so that malice can be reasonably implied from them.

49. The extreme and outrageous character of Haywood's conduct arises in part from

his knowledge that KMART would not discipline him for repeatedly pushing his erect penis

up against the bodies of the female employees even though KMART knew or should have

known of this behavior. This knowledge empowered Haywood to treat the female

employees as he pleased.

50. As a direct and proximate result of Defendant's actions, WILLIAMS has suffered

humiliation and loss of self-esteem.

WHEREFORE, WILLIAMS seeks compensatory damages, punitive damages,

prejudgment interest, declaratory relief, attorney's fees and costs, and such other relief as

the Court deems just.

COUNT VI: INVASION OF PRIVACY

51. WILLIAMS incorporates and realleges paragraphs 4, 5, 7, 9 and 10 of the

Plaintiffs EEOC complaint and paragraphs 4, 5, 8, 10, 13 - 32, 39 through 41, and 43

above. 52.

Haywood invaded WILLIAMS's privacy by intruding into her solitude in an

offensive and objectionable manner which would cause mental distress and injury to a

reasonable person having ordinary dealings and sensibilities.

53. As a direct and proximate result of Haywood's actions, WILLIAMS was injured and

suffered damages to both her physical and mental weI/-being.

WHEREFORE, WILLIAMS seeks compensatory damages, punitive damages,

prejudgment interest, declaratory relief, attorney's fees and costs, and such other relief as

-10-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 11 of 13
the Court deems just. COUNT VII: NEGLIGENT RETENTION AND SUPERVISION
54. WILLIAMS incorporates and realieges paragraphs 4, 5, 7, 9 and 10 of the Plaintiff's EEOC complaint and paragraphs 4, 5, 8, 10, 13 - 32, 39 through 41, 43, 47 through 49, and 52 above.
55. At all material times to this Complaint in Intervention, KMART continued to employ Haywood, even though it was aware of his continued conduct of making physical sexual assaults upon the female employees.
56. Because of the open and flagrant actions of its employee, Haywood, KMART knew or should have known of his conduct and KMART was negligent in supervising and retaining Haywood's employment with KMART.
57. At all times material herein, Haywood was unsuitable, dangerous and unfit to work in a store where he was allowed to prey on the female employees who could not leave the building to avoid his sexual assaults without risking loss of their jobs.
58. KMART knew or should have known that any female employee, including WILLIAMS, would be subjected to an unreasonable risk of harm from Haywood, yet KMART negligently failed to supervise Haywood and negligently retained him as an employee in its store despite the risk of harm to WILLIAMS and the other female employees.
59. KMART breached its duty to WILLIAMS to sue reasonable care in supervision and retaining male employees, such as Haywood, where KMART knew that Haywood had a propensity to perpetrate assaults and batteries of an indecent sexual nature upon the
-11-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 12 of 13 female employees and to inflict upon them emotional distress in the manner described herein. 60. As a direct and proximate result of KMART's negligent supervision and retention of Haywood, WILLIAMS was injured and suffered damages to both her physical and mental well-being. WHEREFORE, WILLIAMS seeks compensatory damages, punitive damages, prejudgment interest, declaratory relief, attorney's fees and costs, and such other relief as the Court deems just. VII. REQUEST FOR JURY TRIAL WILLIAMS requests a trial by jury on all issues so triable.
-12-

Case 6:01-cv-01133-JA-KRS Document 24 Filed 01/24/2002 Page 13 of 13
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing was furnished by U.S. Mail to: Kenneth L. Gillespie, EEOC, Two South Biscayne Boulevard,
One Biscayne Tower, Suite 2700, Miami FL 33131, Ron Schirtzer at Foley &Lardner, 111
N. Orange Ave., Suite 1800, Orlando FL 32801 this 3rd day of January 2002.
~~
Carol Swanson, Attorney at Law Florida Bar No. 867209 LAW OFFICES OF CAROL SWANSON 801 N. Magnolia Avenue, Suite 418 Orlando, FL 32803 Telephone: (407) 841-9955 Facsimile: (407) 425-6976 Counsel for Intervenor Williams cc: Kathryn S. Pisctelli, Esq. P. O. Box 2231 Orlando FI 32802 Martha Chapman, Esq. 823 Irma Avenue Orlando FL 32803
-13-

 
 Case 6:01-cv-01133-JA-KRS Document 38

Filed 07/17/2003 Page 1 of 3
F!!,.EOr

03 JUL I 7 Prl 3: 05

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

CIG,-,i'·
M~GtJ~X~~.-.' ,;~:,"-,: .

, ... "

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

-vs-

Case No. 6:01-cv-1133-0rl-28KRS

K-MART CORPORATION,

Defendant.

ORDER

To the extent Defendant, K-Mart Corporation, intended its letter of June 2, 2003 (Doc.

No. 35) to serve as a motion to dismiss, the motion is DENIED. All motions shall be filed

with memoranda of law in compliance with Federal Rules of Civil Procedure and Local Rules

of the Middle District of Florida.
DONE and ORDERED in Chambers, Orlando, Florida, this 17

day of July,

2003.

~Pies ~'

g~unselfurnished to: of Record

Unrepresented Party

Case 6:01-cv-01133-JA-KRS Document 38 Filed 07/17/2003 Page 2 of 3

Date Printed: 07/17/2003

F I L E COP Y

Notice

Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

6:01-cv-01133 jrm

Kenneth Lawrence Gillespie, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

6:01-cv-01133 jrm

Ronald Mark Schirtzer, Esq. Foley & Lardner 111 N. Orange Ave., Suite 1800 P.O. Box 2193 Orlando, FL 32802-2193

6:01-cv-01133 jrm

Erin A. Webb, Esq. Foley & Lardner
111 N. Orange Ave., Suite 1800 P.O. Box 2193
Orlando, FL 32802-2193

6:01-cv-01133 jrm

Guy O. Farmer II, Foley & Lardner 200 Laura St.
P.O. Box 240
Jacksonville, FL

Esq. 32201-0240

6:01-cv-01133 jrm

Janet H. Delecke, Esq. Kmart Corporation Resource Center 3100 West Big Beaver Rd. Troy, MI 48084-3163

6:01-cv-01133 jrm

Case K6:a01th-crvy-n011S3y3d-nJAy-KPRiSsciDteoclulmi,enEt 3sq8. Egan, Lev & Siwica, P.A. 231 East Colonial Dr. P.O. Box 2231 Orlando, FL 32802-2221
6:01-cv-01133 jrm
Joseph Egan Jr., Esq. Egan, Lev & Siwica, P.A. 231 East Colonial Dr. P.O. Box 2231 Orlando, FL 32802-2221
6:01-cv-01133 jrm
Martha A. Chapman, Esq. Martha A. Chapman, P.A. 823 Irma Ave. Orlando, FL 32803
6:01-cv-01133 jrm
Carol Swanson, Esq. Law Office of Carol Swanson 801 N. Magnolia Ave. Suite 418 Orlando, FL 32803
6:01-cv-01133 jrm

Filed 07/17/2003

Page 3 of 3

 
 Case 6:01-cv-01133-JA-KRS Document 70 Filed 11/13/2003 Page 1 of 3

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

, -.. r '-

~: DU

,

I

. , "'.,_', " -" :::L"-', .;: ;:-,

Plaintiff,

-vs-

Case No. 6:01-cv-1133-0rl-28KRS

K-MART CORPORATION,

Defendant.

ORDER
This cause came on for consideration without oral argument on Kmart's Motion to Dismiss and/or Motion for Summary Judgment as to the Equal Employment Opportunity Commission's Claims Against Kmart (Doc. No. 40, filed August 25,2003). Upon review of this motion and Plaintiff, United States Equal Employment Opportunity Commission's, Response to Defendant's Motion to Dismiss and/or Motion for Summary Judgment as to the Equal Employment Opportunity Commission's Claims Against Kmart (Doc. No. 48, filed September 12, 2003), it is ORDERED that:
Kmart's Motion to Dismiss and/or Motion for Summary Judgment as to the Equal Employment Opportunity Commission's Claims Against Kmart (Doc. No. 40) is DENIED.
DONE and ORDERED in Chambers, Orlando, Florida this ----'-..-.....-_

~~es ~~~~~selfuornf Risehceodrdto:
Any Unrepresented Party

Case 6:01-cv-01133-JA-KRS Document 70 Filed 11/13/2003 Page 2 of 3

Date Printed: 11/13/2003

F I L E COP Y

Notice se6t to:

Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

6:01-cv-01133 jrm

Kenneth Lawrence Gillespie, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

6:01-cv-Ol133 jrm

Ronald Mark Schirtzer, Esq. Foley & Lardner 111 N. Orange Ave., Suite 1800 P.O. Box 2193 Orlando, FL 32802-2193

6:01-cv-01133 jrm

Erin A. Webb, Esq. Foley & Lardner 111 N. Orange Ave., Suite 1800
P.O. Box 2193
Orlando, FL 32802-2193

6:01-cv-01133 jrm

Guy O. Farmer II, Foley & Lardner
200 Laura St.
P.O. Box 240 Jacksonville, FL

Esq. 32201-0240

6:01-cv-01133 jrm

Janet H. Delecke, Esq. Kmart Corporation Resource Center 3100 West Big Beaver Rd.
Troy, MI 48084-3163

6:01-cv-01133 jrm

Case 6:0K1a-cthv-r0y1n13S3y-JdAn-yKRPSiscDiotceulmlie,nt 7E0sq. Filed 11/13/2003 Egan, Lev & Siwica, P.A. 231 East Colonial Dr. P.O. Box 2231 Orlando, FL 32802-2221
6:01-cv-01133 jrm
Joseph Egan Jr., Esq. Egan, Lev & Siwica, P.A. 231 East Colonial Dr. P.O. Box 2231 Orlando, FL 32802-2221
6:01-cv-01133 jrm
Martha A. Chapman, Esq. Martha A. Chapman, P.A. 823 Irma Ave. Orlando, FL 32803
6:01-cv-01133 jrm
Carol Swanson, Esq. Law Office of Carol Swanson 801 N. Magnolia Ave. Suite 418 Orlando, FL 32803
6:01-cv-01133 jrm

Page 3 of 3

 
 Case 6:01-cv-01133-JA-KRS Document 71 Filed 11/13/2003 Page 1 of 4

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, -vs-

Case No. 6:01-cv-1133-Orl-28KRS

KMART CORPORATION, Defendant.

ORDER
The Equal Employment Opportunity Commission ("EEOC") brings the instant action alleging unlawful employment practices under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seg. ("Title VII") on behalf of five former employees of Defendant, Kmart Corporation ("Kmart"). The former employees intervened and filed individual actions under Title VII and the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01 et seg. ("FCRA"). Kmart then filed for protection under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. § 101 et seg. Thereafter, the Bankruptcy Court entered an order confirming Kmart's plan of reorganization. The Confirmation Order provided that the reorganization plan "shall not operate to bar the United States from pursuing any police or regulatory action against [Kmart] to the extent excepted from the automatic stay provisions of ... the Bankruptcy Code." (Confirmation Order, Ex. A to Doc. 41, at 661J 49(c).)
Kmart now has pending before this court its "Motion To Dismiss AndlOr Motion For Summary Judgment As To Individual Plaintiffs, Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy, and Lisa Williams" (Doc. 41). Also before the court are responses filed by Defendants Lisa Williams (Doc. 56), Virginia Anderson and Tracy Brown

Case 6:01-cv-01133-JA-KRS Document 71 Filed 11/13/2003 Page 2 of 4

(Doc. 58), and Y'Sheena McCoy (Doc. 59), as well as Kmart's Omnibus Reply (Doc. 69).

In its motion Kmart argues that, pursuant to §§ 1141 and 524 of the Bankruptcy Code, the

Bankruptcy Court's order confirming Kmart's Chapter 11 plan operates as a discharge and

permanent injunction with respect to the prosecution of claims made prior to its bankruptcy

petition. Notwithstanding this statutory injunction, § 362(b)(4) of the Bankruptcy Code

provides an exception allowing the EEOC to pursue an action to enforce its "police or

regulatory power."

In response to Kmart's motion, Ms. Anderson and Ms. Brown relinquish their claims

under the FCRA but maintain that they have a right to continue pursuing their Title VII claims

as intervenors in the EEOC action. Ms. McCoy and Ms. Williams respond by complaining

of notice deficiencies in the claims resolution procedures before the bankruptcy court. None

of the intervenors provide authority in support of their positions and this court concludes that

their responses are without merit.

Accordingly, Kmart's Motion to Dismiss (Doc. 41) is GRANTED and the claims of

Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy, and Lisa Williams are

dismissed. To the extent Kmart's motion (Doc. 41) seeks summary judgment, it is DENIED

as moot.

DONE and ORDERED in

day of

November, 2003.

~OPies ,g~unseJfurnished to: of Record Any Unrepresented Party

JOHN ANTOON " United States District Judge

Case 6:01-cv-01133-JA-KRS Document 71 Filed 11/13/2003 Page 3 of 4

Date Printed: 11/13/2003

F I L E COP Y

Notice sent to:

Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

6:01-cv-01133 jrm

Kenneth Lawrence Gillespie, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

6:01-cv-01133 jrm

Ronald Mark Schirtzer, Esq. Foley & Lardner 111 N. Orange Ave., Suite 1800 P.O. Box 2193
Orlando, FL 32802-2193

6:01-cv-01133 jrm

Erin A. Webb, Esq. Foley & Lardner 111 N. Orange Ave., Suite 1800 P.O. Box 2193 Orlando, FL 32802-2193

6:01-cv-01133 jrm

Guy O. Farmer II, Foley & Lardner 200 Laura St. P.O. Box 240
Jacksonville, FL

Esq. 32201-0240

6:01-cv-01133 jrrn

Janet H. Delecke, Esq. Kmart Corporation Resource Center 3100 West Big Beaver Rd. Troy, MI 48084-3163

6:01-cv-01133 jrm

Case 6:01-cv-01133-JA-KRS Document 71 Filed 11/13/2003 Kathryn Sydny Piscitelli, Esq. Egan, Lev & Siwica, P.A. 231 East Colonial Dr. P.O. Box 2231 Orlando, FL 32802-2221
6:01-cv-01133 jrm
Joseph Egan Jr., Esq. Egan, Lev & Siwica, P.A. 231 East Colonial Dr. P.O. Box 2231 Orlando, FL 32802-2221
6:01-cv-01133 jrm
Martha A. Chapman, Esq. Martha A. Chapman, P.A. 823 Irma Ave. Orlando, FL 32803
6:01-cv-01133 jrm
Carol Swanson, Esq. Law Office of Carol Swanson 801 N. Magnolia Ave. Suite 418 Orlando, FL 32803
6:01-cv-01133 jrm

Page 4 of 4

 
 CCasaese6:60:10-1c-vc-v0-10113133-3J-AJA-K-KRRSS· DDocoucmumenetn1t 5135-52 FFiilleedd 0011//1178//22000066 PPaaggee 11ooff99

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff, v.

) ) ) CASE NO. 6:01-cv-1133-0rl-28DAB
)

KMART CORPORATION,

)

)

Defendant.

)

)

SETTLEMENT AGREEMENT
1. This Settlement Agreement is made and entered into by and between Plaintiff, the U.S. Equal Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC") and Defendant, Kmart Corporation (hereinafter referred to as "Kmart"). The Commission and Kmart are collectively referred to herein as "the Parties."

HISTORY OF PROCEEDINGS
2. On September 28, 2001, EEOC initiated this action against Kmart under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991, to correct alleged unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Virginia Anderson, Tracy Brow, Y'Sheena McCoy, Jennifer Valdez and Lisa Williams (collectively referred to herein as the "Charging Parties"), and any other similarly situated aggrieved individuals. Specifically, EEOC alleged that the Charging Parties were subjected to unwelcome verbal and physical verbal and physical conduct of a sexual nature by employees of the Defendant because of their sex, female. The conduct was alleged to be sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The Commission further alleged that as a result of the hostile work environment, the conditions of

vaCsaeseO:6U:0I-1C-Vcv-U-0II1,j1,j3-J3A-J-tA\.-KK;R:' S uoDcoucmumemenIOt 1,j5-L5 ilFleileodU0I1//I1f8lL/U20U0O6 t"P'aaggeeL2OoT f~9
Ms. Anderson's, Ms. Brown's and Ms. Valdez' employment were so intolerable that they were compelled to resign their positions. In addition, the Commission alleged that Defendant retaliated against Ms. McCoy for complaining of the alleged unlawful harassment by subjecting her to adverse terms and conditions of employment and discharge.
3. Each of the five Charging Parties filed her own Complaint in Intervention which complaint alleged violations of Title VII substantially the same as those alleged by the EEOC as well as alleging violations of the Florida Civil Rights Act and other federal and state claims.
4. Defendant filed Answers to the EEOC's Complaint and to the Complaint in Intervention of each of the five Charging Parties wherein Defendant denied the allegations of unlawful actions and asserted several affirmative defenses. This Settlement Agreement does not constitute and cannot be considered to be an admission that Kmart engaged in or is liable for any unlawful employment practice under any federal or state laws.
5. On January 22, 2002, defendant Kmart filed for bankruptcy protection. As a result of the bankruptcy filing the Complaints in Intervention of each of the five Charging Parties were dismissed by Order of November 13, 2003. No appeal was taken with respect to those dismissals: Kmart emerged from bankruptcy pursuant to a Plan of Reorganization on May 6, 2003.
6. Charging Parties Virginia Anderson, Tracy Brown, Jennifer Valdez and Lisa Williams filed claims with the bankruptcy court. Y'Sheena McCoy did not file a claim with the bankruptcy court. Virginia Anderson and Tracy Brown each received a small monetary payment from the bankruptcy estate for their claims. The claims of Jennifer Valdez and Lisa Williams were disallowed and/or expunged in the bankruptcy proceedings.
7. In the interest of resolving the claims remaining in this action, to avoid the cost of litigation, and as a result of having engaged in comprehensive settlement negotiations, the EEOC and Kmart have agreed that this action should be finally resolved by this Settlement Agreement. This Settlement Agreement is final and binding on the EEOC and Kmart.
8. The EEOC and Kmart agree that this Settlement Agreement resolves all claims against Kmart alleged in EEOC Charge Numbers 150 AO 1461, 150 AO 1479,260 AO 1481, 150 AO 1676 and 150 AO 2546 and the Complaint filed by the EEOC in this action. The EEOC and Kmart further agree that this Settlement Agreement does not resolve any charges of
2

UUIJU Illt::lll 1'-1,;)-£

rllt::U U 1/ I II£UUU

rd~t:: .;) UI :::I

Case 6:01-cv-01133-JA-KRS Document 155 Filed 01/18/2006 Page 3 of 9

discrimination that may be pending with the EEOC other than the charges referred to in this

paragraph.

ENFORCEMENT
OF SETTLEMENT AGREEMENT

9. EEOC or Kmart may bring an action before this court for an alleged violation of any of the terms of this Settlement Agreement during the duration of the agreement.
10. This Settlement Agreement shall apply only to the Kmart store located at 2620 N. Hiawassee Road, Orlando, Florida also known as store number 7339(hereinafter "Hiawassee Location"}. The Kmart store at said location was closed in April of 2003 as part of the Kmart bankruptcy and remains closed as of the entry date of this Settlement Agreement. Kmart makes no representations as to if or when in the future Kmart will operate a store at said location.

GENERAL PROVISIONS
11. Should Kmart operate a store at the Hiawassee Location at any time within three (3) years of the entry date of this Settlement Agreement, this Settlement Agreement shall become effective at said store starting when the initial complement of employees are initially hired and continuing for three (3) years thereafter. This Settlement Agreement shall terminate three (3) years from its entry date if no Kmart store is operated at the Hiawassee Store Location within three (3) years of the entry date of this Settlement Agreement. Except for the monetary relief provisions, all other provisions of this Settlement Agreement obligating Kmart shall be effective only if a Kmart Store is operated at the Hiawassee Location within three (3) years of the entry date of this Settlement Agreement. The Settlement Agreement shall remain in effect for three (3) years thereafter.
12. Kmart, its officers, managers, employees, agents, and partners agree not to engage in conduct which violates Title VII of the Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment at the Hiawassee Store Location SUbjecting the employee to a hostile work environment on the basis of sex.
13. Kmart, its officers, managers, employees, agents, and partners agree not to discriminate against any individual at the Hiawassee Location because he/she opposes any of Kmart's practices which the employee believes to be unlawful employment discrimination; because he/she files a charge of discrimination with the EEOC alleging violations of the statutes

3

rlleu U II I (ILUUO r'i::iye,+ UI ~
Case 6:01-cv-01133-JA-KRS Document 155 Filed 01/18/2006 Page 4 of 9

the Commission enforces; because he/she cooperates with the EEOC in investigation and/or prosecution of any charge of discrimination; or because he/she cooperated in the investigation and/or offered testimony or information in the above styled litigation which resulted in this Settlement Agreement.

TRAINING AND POSTING

14. In the event Kmart reopens the Hiawassee Location, Kmart shall: A. Establish a written policy that adheres to Title VII and submit that policy to the

EEOC for review. B. Distribute a complete copy of that policy to all persons who become employees of

the Hiawassee Store Location within one week of employment. C Conduct a four-hour annual training seminar throughout the duration of this

Settlement Agreement for all of its managers and supervisory personnel at the Hiawassee Store Location, with specific emphasis on recognizing sexual harassment in the workplace and/or if

they receive a complaint of such d,iscrimination. D. Provide the EEOC with at least two (2) weeks notice before it conducts its
training session(s), with the date(s) and location(s) of the training, the identification of the training materials to be used at the training session, and the name and job title of the employees who will be in attendance at the training. EEOC may, at its discretion, be in attendance at the

training. E.

Post within seven (7) days from the effective date of the Settlement Agreement a

laminated, 11" x 14" sized copy of the Notice attached hereto as Exhibit A. Said notice shall be posted at Kmart's Hiawassee Store Location for the duration of the effective period of this Settlement Agreement in conspicuous locations accessible to all employees (i.e. employee bulletin board or lunch room).

15. Kmart agrees that the training described in paragraph 14 B-C shall be conducted within sixty (60) days of the effective date of this Settlement Agreement, and, should thereafter take place by July 31 st annually for the duration of the effective period of the Settlement Agreement. Kmart further agrees that the training described in paragraph 14 B-C shall be given

4

vase O:UI-CV-U I l,j,j-JA-I'\t"(\:) uocurnem I ;),j-L i Ilea U III II LUUO t'age ;) OT l:::I
Case 6:01-cv-01133-JA-KRS Document 155 Filed 01/18/2006 Page 5 of 9
to all new managers and supervisors, who did not attend the annual training, within thirty (30) days of being placed in a management or supervisory position.
MONITORING 16. In the event Kmart reopens the Hiawassee Location, Kmart shall: A. Retain all employment records relating in any way to any complaint made to a supervisor, manager or human resource officer and to any investigation of sexual harassment at the Hiawassee Store Location for the duration of the effective period of this Settlement Agreement and as required by law. B. Provide the EEOC once every six (6) months with the name, last known address and last known phone number of any person employed at Kmart's Hiawassee Store Location who has complained to his or her Manager/Supervisor, Human Resources Department, or any other management official that he or she has been subjected to sexual harassment while working at Kmart's Hiawassee Store Location during the preceding six (6) months. Kmart will also state its actions taken in response to each such allegation. The first report shall be submitted no later than six (6) months after the Settlement Agreement becomes effective at the Hiawassee Store Location, and thereafter by June 30th, and December 31 st annually, throughout the duration of the effective period of this Settlement Agreement. Kmart will provide upon request by the Commission any and all documentation associated with each such complaint. C. Certify to the EEOC every six (6) months throughout the duration of the effective period of this Settlement Agreement that is in compliance with all aspects of this Settlement Agreement. The first such certification will be due no later than six (6) months from the effective date of this Settlement Agreement at the Hiawassee Store Location.
MONETARY RELIEF
17. Kmart shall pay a total lump sum amount of thirty-five thousand dollars ($35,000.00) to be divided among the Charging Parties in resolution of this litigation within ten (10) calendar days from the Court's execution of this Settlement Agreement and entry of the Joint Stipulation for Dismissal. This amount shall be representative of compensatory damages. Defendant shall
5

GaCsaeseb:6U:0l-1C-cVv--U01ll1jj3-J3A-J-AK-KKtRi S uoDcoucmuemnetnlto1j-5L5 tF-llieleddU0l1!1/1(8fL/2U0U0b6 tP-'aaggeeb60o1f89
cause to be issued an IRS Form 1099 to each Charging Party for these monies. The monies shall be distributed as set forth in Exhibit B.
18. If Kmart fails to tender the above-mentioned payments, Kmart shall: A. Pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.c.§ 6621 (b) until the same is paid; and
B. Bear any additional costs incurred by EEOC caused by non-compliance or delay of the Defendant.
ENFORCEMENT SETTLEMENT AGREEMENT
19. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Settlement Agreement to the extent provided by law.
COSTS
20. The EEOC and Kmart shall bear their own costs associated with this litigation.
SO ORDERED this _'_f_day of January 2006.

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

by: &~lUllthn-~

Date: '/ J3}O{P

Delner Franklin-Thomas

Regional Attorney

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

6

CCaassee 66::0011--ccvv--0011113333--JJAA--KKRRSS DDooccuummeenntt115535-2 FFilieledd0011/1/187/2/2000066 PPaaggee77ooff99

Miami District Office One Biscayne Tower, Suite 2700
2 South Biscayne Boulevard
Miami, FL 33131 Telephone: (305) 530-6001 Facsimile: (305) 536-4494
AGREED TO: FOR THE DEFENDANT KMART CORPORATION
bY:~~ Dallas Moon Associate General Counsel

Date:

7

CCaasese66:0:011-c-vcv-0-01113333-J-JAA-K-KRRSS DDooccuummeennt t115553-2 FilFeidle0d10/118/1/270/200606 PaPgaeg8e o8f o9f 9
EXHIBIT A
NOTICE TO ALL HIAWASSEE ROAD STORE EMPLOYEES POSTED PURSUANT TO A SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND
KMART CORPORATION This notice is being posted pursuant to a Settlement Agreement agreed to by the EEOC and Kmart in U.S. EEOC vs. Kmart Corporation, Civil Case No.: 6:01-cv-I133-0RL-28KRS. In settling with the EEOC, Kmart did not admit that it violated any law. Kmart Corporation will not tolerate discrimination against employees in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, and sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. Kmart Corporation will 'not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, sexual harassment. Furthermore, Kmart Corporation, assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised hislher rights under the law to oppose discriminatory acts or to file charges with the EEOC. Appropriate corrective action, up to and including termination, 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 who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000.
Signed this _ _ _ day of _ _ _ _ __
KMART CORPORATION DO NOT REMOVE BEFORE _ _ __
8

Case 6:01-cv-01133-JA-KRS Documm·eenntt 115553-2 FFile'lledd0011/1/187/2/2000066 PPaaggee99oof f99

EXHIBITB

MONETARY DISTRIBUTION

All monies referenced in paragraph 17 of this agreement shall be paid as set forth below. The Defendant shall cause to be issued IRS Form 1099 for each Claimant. The checks and IRS Form1099 shall be mailed to the addresses provided to Kmart by the EEOC,

CLAIMANT

AMOUNT

1. Virginia Anderson

$5,000.00

2. Tracy Brown
3, Y'Sheena McCoy
4. Jennifer Valdez

$9,000.00 $9,000.00 $5,000.00

5. Lisa Williams

$7,000.00

9

 
 r.:n ED ~
"-'

,,',~,~

,

~

--~

~~

~- ~

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

7m? r[!~ - I Pt-1 2: 1.12

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

-vs-

Case No. 6:01-cv-1133-0rl-28KRS

K-MART CORPORATION,

Defendant.

VIRGINIA ANDERSON, TRACY BROWN, JENNIFER VALDEZ,
Plaintiffs,
-vs-

~e No. 6:01-cv-1303-0rl-28JGG

KMART CORPORATION, Defendant.

ORDER
The court has received the following documents in two recently consolidated cases listed above: 1) a Stipulated Notice of Voluntary Dismissal With Prejudice (Doc. No.1 0, filed January 18, 2002) in Case No. 6:01-cv-1303-0rl-28JGG, and 2) a Notice of Bankruptcy Filing and Automatic Stay (Doc. No. 25, filed January 24, 2002) in Case No. 6:01-cv-1133Orl-28KRS. After review of the above, it is hereby ORDERED that
1. This court's Order of January 16, 2002 (Doc. No. 22) consolidating Case No. 6:01-cv-1133-0rl-28KRS and Case No. 6:01-cv-1303-0rl-28JGG is VACATED. Case Nos. 6:01-cv-1133-0rl-28KRS and 6:01-cv-1303-0rl-28JGG are no longer consolidated.

2. The parties' Stipulated Notice of Voluntary Dismissal With Prejudice (Doc. No. 10, filed January 18, 2002 in Case No. 6:01-cv-1303-0rl-28JGG) is GRANTED with prejudice. All pending motions in Case No. 6:01-cv-1303-0rl-28JGG are DENIED as moot. The Clerk is directed to close this file.
With regard to the parties' Notice of Bankruptcy Filing and Automatic Stay (Doc. No. 25), filed on January 24, 2002, by Defendant Kmart Corporation in Case No. 6:01-cv1133-0rl-28KRS, such filing acts as an automatic stay of these proceedings as to Defendant Kmart Corporation, pursuant to the Bankruptcy Code, 11 U.S.C. § 362(a). Accordingly, it is ORDERED as follows:
1. Case No. 6:01-cv-1133-0rl-28KRS is stayed until further order of this court. 2. Defendant Kmart Corporation shall file a status report with this court within thirty (30) days from the date of this order and every ninety (90) days thereafter until the bankruptcy case has been resolved.
I 51-
DONE and ORDERED in Chambers, Orlando, Florida, this -+_ - __ 2002.

~Pies ~ g~unselfurnished to:

'\

of Record

Unrepresented Party

JO ANTOON II U ed States District Judge

-2-

Date Printed: 02/01/2002

F I L E COP Y

Notice sent to:

Michael J. Farrell, Esq. Equal Employment Opportunity Commission
Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Kenneth Lawrence Gillespie, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Ronald Mark Schirtzer, Esq.
Foley & Lardner
111 N. Orange Ave., Suite 1800
P.O. Box 2193 Orlando, FL 32802-2193

Guy O. Farmer II, Esq. Foley & Lardner 111 N. Orange Ave., Suite 1800
P.O. Box 2193 Orlando, FL 32802-2193

Erin A. Webb, Esq. Foley & Lardner 111 N. Orange Ave., Suite 1800
P.O. Box 2193 Orlando, FL 32802-2193

Kathryn Sydny Piscitelli, Egan, Lev & Siwica, P.A. 231 East Colonial Dr. P.O. Box 2231 Orlando, FL 32802-2221

Esq.

Joseph Egan Jr., Esq.
Egan, Lev & Siwica, P.A.
231 East Colonial Dr. P.O. Box 2231 Orlando, FL 32802-2221

Martha A. Chapman, Esq. Martha A. Chapman, P.A. 823 Irma Ave. Orlando, FL 32803

Carol Swanson, Esq. Law Office of Carol Swanson 801 N. Magnolia Ave.

Suite 418 Orlando, FL 32803

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORlANDO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

-vs-

Lead Case No.Lo1-CV-1133-Orl-28KRS

K-MART CORPORATION, Defendant.

VIRGINIA ANDERSON, TRACY BROWN, JENNIFER VALDEZ,
Plaintiffs,
-vs-
KMART CORPORATION, Defendant.

Case No. 6:01-cv-1303-Orl-28JGG

ORDER

Upon the Court's own motion, based upon a review of the files in the above cases, the

undersigned Judge determines that these cases are hereby CONSOLIDATED for all further

proceedings, and all such proceedings shall be heard by the Honorable John Antoon.

/"
DONE and ORDERED in Chambers, Orlando, Florida, this / J

nuary, 2002.

tPies furnished to:
Counsel of Record
Unrepresented Party

JO U ited States District Judge

Date Printed: 01/16/2002

F I L E COP Y

Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Kenneth Lawrence Gillespie, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Ronald Mark Schirtzer, Esq. Foley & Lardner 111 N. Orange Ave., Suite 1800 P.O. Box 2193 Orlando, FL 32802-2193
Guy O. Farmer II, Esq. Foley & Lardner 111 N. Orange Ave., Suite 1800 P.O. Box 2193 Orlando, FL 32802-2193
Erin A. Webb, Esq. Foley & Lardner 111 N. Orange Ave., Suite 1800 P.O. Box 2193 Orlando, FL 32802-2193
Kathryn Sydny Piscitelli, Esq. Egan, Lev & Siwica, P.A. 231 East Colonial Dr. P.O. Box 2231 Orlando, FL 32802-2231
Joseph Egan Jr., Esq. Egan, Lev & Siwica, P.A. 231 East Colonial Dr. P.O. Box 2231 Orlando, FL 32802-2231
Martha A. Chapman, Esq. Martha A. Chapman, P.A. 823 Irma Ave. Orlando, FL 32803
Carol Swanson, Esq. Law Office of Carol Swa'nson 801 N. Magnolia Ave.
Suite 418 Orlando, FL 32803

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?909301843933006-L_3...
CLOSED, COMPLY, KRS
U.S. District Court Middle District of Florida (Orlando) CIVIL DOCKET FOR CASE #: 6:01-cv-01133-JA-KRS

EEOC v. Kmart Corporation Assigned to: Judge John Antoon II Referred to: Magistrate Judge Karla R. Spaulding Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/28/2001 Date Terminated: 01/18/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jennifer N. Brown Equal Employment Opportunity Commission One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6012 Fax: 3055364494 Email: jennifer.brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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 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: 07/08/2005

Michael J. Farrell Jill S. Schwartz & Associates, PA

1 of 20

6/15/2007 1:27 PM

Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?909301843933006-L_3...

Consol Plaintiff Virginia Anderson TERMINATED: 02/01/2002
Consol Plaintiff Tracy Brown TERMINATED: 02/01/2002
Consol Plaintiff Jennifer Valdez TERMINATED: 02/01/2002

Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net TERMINATED: 08/19/2005
represented by Joseph Egan, Jr. Egan, Lev & Siwica, PA 231 E Colonial Dr PO Box 2231 Orlando, FL 32802-2231 407/422-1400 Fax: 407/422-3658 Email: jegan@eganlev.com TERMINATED: 02/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Sydny Piscitelli Egan, Lev & Siwica, PA 231 E Colonial Dr PO Box 2231 Orlando, FL 32802-2231 407/422-1400 Fax: 407/422-3658 Email: kathip@bellsouth.net TERMINATED: 02/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Egan, Jr. (See above for address) TERMINATED: 02/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Sydny Piscitelli (See above for address) TERMINATED: 02/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Egan, Jr. (See above for address) TERMINATED: 02/01/2002

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Intervenor Plaintiff Virginia Anderson TERMINATED: 11/13/2003
Intervenor Plaintiff Tracy Brown TERMINATED: 11/13/2003
Intervenor Plaintiff Jennifer Valdez TERMINATED: 11/13/2003
V.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Sydny Piscitelli (See above for address) TERMINATED: 02/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Egan, Jr. (See above for address) TERMINATED: 11/13/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Sydny Piscitelli (See above for address) TERMINATED: 11/13/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Egan, Jr. (See above for address) TERMINATED: 11/13/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Sydny Piscitelli (See above for address) TERMINATED: 11/13/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph Egan, Jr. (See above for address) TERMINATED: 11/13/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Sydny Piscitelli (See above for address) TERMINATED: 11/13/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Kmart Corporation

represented by Carl H. Hellerstedt, Jr. Spilman Thomas & Battle, PLLC One Oxford Centre - Ste 3440 301 Grant St Pittsburgh, PA 15219 412/325-3308 Fax: 412/325-3324 Email: chellerstedt@spilmanlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Devand A. Sukhdeo Ogletree, Deakins, Nash, Smoak & Stewart, PC Suite 2020 701 Brickell Ave Miami, FL 33131 305/374-0506 Fax: 305/374-0456 Email: dsukhdeo@odnss.com TERMINATED: 04/29/2004 LEAD ATTORNEY
Erin A. Webb Holland & Knight, LLP Suite 2600 200 S Orange Ave Orlando, FL 32801 407/244-1121 Fax: 407/244-5288 Email: erin.webb@hklaw.com TERMINATED: 12/24/2003 LEAD ATTORNEY
Guy O. Farmer, II Holland & Knight LLP 50 N. Laura St., Suite 3900 Jacksonville, FL 32202 904/353-2000 Fax: 904/358-1872 Email: guy.farmer@hklaw.com TERMINATED: 12/09/2003 LEAD ATTORNEY
Janet H. Delecke Kmart Corporation Resource Center 3100 West Big Beaver Rd. Troy, MI 48084-3163

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248/463-1846 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey M. Goodz Moyle, Flanigan, Katz, Raymond, White & Krasker, P.A. Barnett Centre, 9th Floor 625 North Flagler Dr. West Palm Beach, FL 33401 561/659-7500 Fax: 561/659-1789 Email: jgoodz@moylelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lori Anne Brown Littler Mendelson, P.C. One Biscayne Tower, Suite 1500 Two South Biscayne Blvd. Miami, FL 33131 305/400-7500 Fax: 305/603-2552 Email: labrown@littler.com TERMINATED: 04/29/2004 LEAD ATTORNEY
Mark J. Neuberger Buchanan Ingersoll, P.C. 2100 Bank of America Tower 100 S.E. 2nd St. Miami, FL 33131-2150 305/347-4086 Fax: 305-347-4089 Email: neubergermj@bipc.com TERMINATED: 04/25/2005 LEAD ATTORNEY
Rebecca P. Dick-Hurwitz Spilman Thomas & Battle, PLLC One Oxford Centre, Suite 3440 301 Grant St. Pittsburgh, PA 15219 412/325-3301 Email: rdick-hurwitz@spilmanlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard J. Antonelli Spilman Thomas & Battle, PLLC

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Intervenor Plaintiff
Y'Sheena M. McCoy TERMINATED: 11/13/2003

One Oxford Centre - Ste 3440 301 Grant St Pittsburgh, PA 15219 412/325-3301 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald Mark Schirtzer Foley & Lardner 111 N. Orange Ave., Suite 1800 P.O. Box 2193 Orlando, FL 32802-2193 407/423-7656 Fax: 407/648-1743 Email: rschirtzer@foley.com TERMINATED: 12/24/2003 LEAD ATTORNEY
Alan R. Poppe Buchanan, Ingersoll & Rooney, PC Bank of America Tower, 34th Floor 100 SE Second St Miami, FL 33131-2150 305/347-4080 Fax: 305/347-4089 Email: poppear@bipc.com TERMINATED: 04/25/2005
Martin J. Keane, Jr. Genovese Joblove & Battista, P.A. 3600 Bank of America Tower 100 S.E. 2nd Street Miami, FL 33131 305/349-2300 Fax: 305/349-2310 Email: mkeane@gjb-law.com TERMINATED: 01/01/2005
represented by Martha A. Chapman Martha A. Chapman, P.A. 1011 Virginia Drive, Suite 103 Orlando, FL 32803 407/896-4835 Fax: 407/896-4749 Email: MartyChapman@cfl.rr.com TERMINATED: 11/13/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff Lisa Williams TERMINATED: 11/13/2003
V. Intervenor Defendant Kmart Corporation

represented by Carol Swanson Law Office of Carol Swanson 801 N. Magnolia Ave. Suite 418 Orlando, FL 32803 407/841-9955 Fax: 407-425-6976 Email: cs@carolswansonlaw.com TERMINATED: 11/13/2003 LEAD ATTORNEY
represented by Carl H. Hellerstedt, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Devand A. Sukhdeo (See above for address) TERMINATED: 04/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erin A. Webb (See above for address) TERMINATED: 12/24/2003 LEAD ATTORNEY
Guy O. Farmer, II (See above for address) TERMINATED: 12/09/2003 LEAD ATTORNEY
Jeffrey M. Goodz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lori Anne Brown (See above for address) TERMINATED: 04/29/2004 LEAD ATTORNEY
Mark J. Neuberger (See above for address) TERMINATED: 04/25/2005

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Mediator
Cary R. Singletary TERMINATED: 09/13/2004

LEAD ATTORNEY
Ronald Mark Schirtzer (See above for address) TERMINATED: 12/24/2003 LEAD ATTORNEY
Rebecca P. Dick-Hurwitz (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/28/2001 09/28/2001 10/01/2001 10/10/2001 10/10/2001
10/22/2001 10/22/2001 11/09/2001 11/09/2001 12/04/2001
12/04/2001

#

Docket Text

1 COMPLAINT filed for unlawful employment practices based on sex and retaliation; jury demand (jrm) (Entered: 10/01/2001)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: David A. Baker (jrm) (Entered: 10/01/2001)
SUMMONS issued for Kmart Corporation (jrm) (Entered: 10/01/2001)
2 RELATED CASE ORDER (response due within 11 days) and NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jrm) (Entered: 10/10/2001)
3 ORDER ON INTERESTED PERSONS AND CORPORATE DISCLOSURE. Response due within 11 days. (Signed by Judge John Antoon II) ctc (jrm) (Entered: 10/10/2001)
4 CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC and corporate disclosure statement Re: [3-1] order (jrm) (Entered: 10/22/2001)
5 NOTICE (no related cases) by plaintiff EEOC of pendency of other actions re: order of compliance with Local Rule 1.04(c) (jrm) (Entered: 10/22/2001)
6 NOTICE of filing waiver of service of summons by plaintiff EEOC (jrm) (Entered: 11/09/2001)
7 WAIVER OF SERVICE returned executed as to Kmart Corporation on10/24/01. Answer due on 12/24/01 for Kmart Corporation (jrm) (Entered: 11/09/2001)
8 MOTION by Virginia Anderson, Tracy Brown and Jennifer Valdez with memorandum in support to intervene ; referred to Magistrate Judge David A. Baker (cs) (Entered: 12/05/2001)
9 INTERVENOR'S COMPLAINT by Virginia Anderson, Tracy Brown and Jennifer Valdez against Kmart Corporation; jury trial demanded (cs) (Entered: 12/05/2001)

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12/07/2001 12/17/2001 12/21/2001 12/21/2001 12/21/2001 12/21/2001 12/26/2001 01/03/2002 01/03/2002 01/03/2002 01/03/2002 01/04/2002 01/08/2002
01/09/2002 01/09/2002 01/16/2002

10 ORDER denying without prejudice [8-1] motion to intervene due to non-compliance with Local Rule 3.01(g) (Signed by Magistrate Judge David A. Baker) ctc (cs) (Entered: 12/07/2001)
11 AMENDED MOTION with supporting memorandum amending [8-1] motion to intervene by Virginia Anderson, Tracy Brown, Jennifer Valdez; referred to Magistrate Judge David A. Baker (jrm) (Entered: 12/18/2001)
12 NOTICE (related case) by defendant Kmart Corporation of pendency of other actions re: order of compliance with Local Rule 1.04(c); related to 6:01-cv-1303-Orl-28JGG (jrm) (Entered: 12/21/2001)
13 CERTIFICATE OF INTERESTED PERSONS by defendant Kmart Corporation and corporate disclosure statement Re: [3-1] order (jrm) (Entered: 12/21/2001)
14 ANSWER and affirmative defenses to [1-1] complaint and demand for attorney's fees by defendant Kmart Corporation (jrm) (Entered: 12/21/2001)
15 MOTION with memorandum in support to intervene by Y'Sheena M. McCoy (jrm) (Entered: 12/21/2001)
MOTION referred: [15-1] motion to intervene by Y'Sheena M. McCoy referred to Magistrate Judge David A. Baker pursuant to Judge Antoon (jrm) (Entered: 12/26/2001)
16 ORDER of Recusal (signed by Magistrate Judge David A. Baker 01-02-02) ctc (jrm) (Entered: 01/03/2002)
17 NOTICE to counsel of new case number and magistrate judge assignment (signed by deputy clerk) ctc (jrm) (Entered: 01/03/2002)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Karla R. Spaulding (jrm) (Entered: 01/03/2002)
MOTIONS referred: [15-1] motion to intervene by Y'Sheena M. McCoy referred to Magistrate Judge Karla R. Spaulding; [11-1] amended motion to intervene referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 01/03/2002)
18 MOTION with memorandum in support to intervene by Lisa Williams ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 01/04/2002)
19 ORDER granting [11-1] amended motion to intervene by Virginia Anderson, Tracy Brown and Jennifer Valdez; granting [15-1] motion to intervene by Y'Sheena M. McCoy (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 01/09/2002)
20 AMENDED INTERVENOR'S COMPLAINT by Virginia Anderson, Tracy Brown, Jennifer Valdez; jury demand; amending [9-1] intervenor complaint (jrm) (Entered: 01/09/2002)
21 INTERVENOR'S COMPLAINT by Y'Sheena M. McCoy against Kmart Corporation; jury demand (jrm) (Entered: 01/09/2002)
22 ORDER consolidating with case 6:01-cv-1303-Orl-28JGG for all further proceedings (Signed by Judge John Antoon II 01-15-02) ctc (jrm) (Entered: 01/16/2002)

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01/24/2002 01/24/2002 01/24/2002 01/28/2002
02/01/2002
03/04/2002 05/31/2002 08/29/2002 02/05/2003
02/19/2003 05/22/2003 06/06/2003 06/12/2003
06/23/2003

23 ORDER granting [18-1] motion to intervene by Lisa Williams (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 01/24/2002)
24 INTERVENOR'S COMPLAINT by Lisa Williams against Kmart Corporation; jury demand (jrm) (Entered: 01/24/2002)
25 NOTICE of bankruptcy filing and automatic stay by defendant Kmart Corporation (jrm) (Entered: 01/24/2002)
26 UNOPPOSED MOTION by defendant Kmart Corporation with memorandum in support to extend time to respond to intervenors' complaints in intervention and participate in the preparation of a case management report ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 01/28/2002)
27 ORDER vacating [22-1] order of consolidation with case 6:01-cv-1303-Orl-28JGG and these cases are no longer consolidated. The parties stipulated notice of voluntary dismissal (Doc. No. 10) filed in case 01-1303 is granted with prejudice. All pending motions in said case are denied as moot and the Clerk shall close that file. Case 01-1133 is stayed pursuant to the notice of bankruptcy filing and automatic stay (Doc. No. 25) filed in case 01-1133. Defendant shall file a status report within 30 days and every 90 days thereafter. Set status report deadline for 3/6/02 (Signed by Judge John Antoon II) ctc (jrm) (Entered: 02/01/2002)
28 BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 03/04/2002)
29 BANKRUPTCY STATUS REPORT by Kmart Corporation (jet) (Entered: 06/03/2002)
30 BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 08/30/2002)
31 ORDER that the defendant, K-Mart Corporatin file within 15 days from the date of this order, a report indicating the status of this case; reset status report deadline for 2/24/03 ( Signed by Judge John Antoon II on 2/4/03 ) ctc (igc) (Entered: 02/05/2003)
32 BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 02/19/2003)
33 ORDER set status report deadline for defendant Kmart Corporation for 6/9/03 (Signed by Judge John Antoon II) ctc (jrm) (Entered: 05/22/2003)
34 BANKRUPTCY STATUS REPORT by defendant Kmart Corporation (jrm) (Entered: 06/09/2003)
35 MOTION by defendant Kmart Corporation to dismiss this action with copy of Findings of Fact, Conclusions of Law and Order in bankruptcy case from the Bankruptcy Court in the Northern District of Illinois (filed separately) (jrm) Modified on 06/12/2003 (Entered: 06/12/2003)
36 ORDER TO SHOW CAUSE why this case should not be dismissed based on the orders issued by the Bankruptcy Court in defendant's Chapter 11 case. Response due on 7/11/03 for EEOC (Signed by Judge John Antoon II) ctc (jrm) (Entered:

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07/11/2003 07/17/2003 08/21/2003 08/25/2003 08/25/2003 08/26/2003 08/28/2003 08/29/2003 08/29/2003 09/02/2003 09/10/2003 09/12/2003 09/12/2003

06/23/2003)
37 COMPLIANCE with Court's show cause order filed by plaintiff EEOC (jrm) (Entered: 07/11/2003)
38 ORDER denying [35-1] defendant's motion to dismiss this action. All motions shall be filed with memoranda of law in compliance with Federal Rules of Civil Procedure and Local Rules. (Signed by Judge John Antoon II) ctc (jrm) (Entered: 07/17/2003)
39 ORDER TO SHOW CAUSE why this case should not be dismissed for lack of prosecution due to the non-filing of a case management report. Response due on 9/4/03 for EEOC (Signed by Judge John Antoon II) ctc (jrm) (Entered: 08/21/2003)
40 MOTION with attachments by defendant Kmart Corporation with memorandum in support to dismiss and/or for summary judgment as to the Equal Employment Opportunity Commission's claims against Kmart (attachments not scanned) (jrm) (Entered: 08/25/2003)
41 MOTION with attachments by defendant Kmart Corporation with memorandum in support to dismiss and/or for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (attachments not scanned) (jrm) (Entered: 08/25/2003)
42 JOINT MOTION by Intervenor-Plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena M. McCoy, and Lisa Williams to participate in case management meeting, by telephone ; referred to Magistrate Judge Karla R. Spaulding (jet) (Entered: 08/27/2003)
43 ORDER granting [42-1] intervenor-plaintiffs' motion to participate in case management meeting, by telephone (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 08/28/2003)
44 COMPLIANCE with show cause order filed by plaintiff EEOC (jrm) (Entered: 08/29/2003)
45 CASE MANAGEMENT REPORT. STRICKEN AND RETURNED BY ORDER #47. (jrm) Modified on 09/10/2003 (Entered: 08/29/2003)
46 STIPULATION for substitution of counsel; the law firm of Littler Mendelson in place of the law firm of Foley & Lardner for defendant Kmart Corporation (jrm) (Entered: 09/03/2003)
47 ORDER to strike and return [45-1] case management report for failure to comply with Local Rules; the parties are directed to file with the court by 9/30/03 a fully executed Case Management Report which is in compliance with federal and local rules (Signed by Judge John Antoon II on 9/9/03) ctc (jet) (Entered: 09/10/2003)
48 RESPONSE by plaintiff EEOC to [40-1] defendant's motion to dismiss, [40-2] motion for summary judgment as to the Equal Employment Opportunity Commission's claims against Kmart (jrm) (Entered: 09/12/2003)
49 AGREED MOTION by Lisa Williams with memorandum in support to extend time until 10-12-03 for intervenor Williams to respond to K-Mart's motion to

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09/12/2003 09/12/2003 09/15/2003
09/19/2003 09/26/2003 09/26/2003 10/14/2003 10/14/2003 10/14/2003 10/14/2003 10/20/2003
10/20/2003

dismiss ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 09/12/2003)
50 AGREED MOTION by Y'Sheena M. McCoy to extend time until 10-12-03 to respond to K-Mart's motion to dismiss ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 09/12/2003)
51 UNOPPOSED MOTION by Virginia Anderson, Tracy Brown, Jennifer Valdez with memorandum in support to extend time, 30 days, to respond to defendant's motion to dismiss and/or for summary judgment ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 09/15/2003)
52 ORDER granting [49-1] motion to extend time until 10-12-03 for intervenor Williams to respond to K-Mart's motion to dismiss; granting [50-1] motion to extend time until 10-12-03 to respond to K-Mart's motion to dismiss; granting [51-1] motion to extend time, 30 days, to respond to defendant's motion to dismiss and/or for summary judgment; response to motion set to 10/14/03 for [41-1] motion to dismiss, [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) Modified on 09/16/2003 (Entered: 09/15/2003)
53 NOTICE of bankruptcy by Jennifer Valdez (jrm) (Entered: 09/22/2003)
54 COMPLIANCE by plaintiff EEOC with [47-1] Court's September 9, 2003 Order to strike (jrm) (Entered: 09/29/2003)
55 CASE MANAGEMENT REPORT (jrm) (Entered: 09/29/2003)
56 OPPOSITION by Lisa Williams to [41-1] defendant's motion to dismiss (jrm) (Entered: 10/14/2003)
57 NOTICE of filing intervenor plaintiffs' exhibits in support of their opposition to Kmart's motion to dismiss by Lisa Williams, Y'Sheena M. McCoy (jrm) (Entered: 10/14/2003)
58 RESPONSE by Virginia Anderson, Tracy Brown to [41-1] defendant's motion to dismiss, [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (jrm) (Entered: 10/15/2003)
59 MEMORANDUM with attached exhibits by Y'Sheena M. McCoy in opposition to [41-1] defendant's motion to dismiss (jrm) (Entered: 10/15/2003)
60 ORDER defendant Kmart's reply to response to motion reset to 11/7/03 for [41-1] motion to dismiss, reset to 11/7/03 for [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (Signed by Judge John Antoon II 10-17-03) ctc (jrm) (Entered: 10/20/2003)
61 ORDER TO SHOW CAUSE why the case management report should not be stricken for failure of defendant's new counsel to sign report or adopt its contents. Response due on 11/5/03 for Kmart Corporation (Signed by Judge John Antoon II 10-17-03) ctc (jrm) Modified on 11/03/2003 (Entered: 10/20/2003)

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10/28/2003 10/28/2003 10/28/2003 10/28/2003 10/28/2003 11/03/2003 11/07/2003 11/07/2003
11/13/2003
11/13/2003
12/03/2003 12/08/2003
12/08/2003
12/09/2003

62 NOTICE of filing EEOC Compliance with Order to Show Cause by EEOC (jet) (Entered: 10/28/2003)
63 RESPONSE to show cause order filed by plaintiff EEOC (jet) (Entered: 10/28/2003)
64 RESPONSE to show cause order filed by intervenor-plaintiff Lisa Williams (jet) (Entered: 10/28/2003)
65 RESPONSE to show cause order filed by intervenor-plaintiff Y'Sheena M. McCoy (jet) (Entered: 10/29/2003)
66 RESPONSE to show cause order filed by intervenor-plaintiffs Virginia Anderson and Tracy Brown (jet) (Entered: 10/29/2003)
67 RESPONSE to show cause order with attached exhibits filed by defendant Kmart Corporation (jrm) (Entered: 11/03/2003)
68 ORDER adopting case management report (Doc. No. 55). A case management and scheduling order will be entered separately. (Signed by Judge John Antoon II 11-06-03) ctc (jrm) (Entered: 11/07/2003)
69 REPLY MEMORANDUM by defendant Kmart Corporation to response to [41-1] motion to dismiss, [41-2] motion for summary judgment as to individual plaintiffs Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams (jrm) (Entered: 11/07/2003)
70 ORDER denying [40-1] defendant's motion to dismiss, denying [40-2] motion for summary judgment as to the Equal Employment Opportunity Commission's claims against Kmart (Signed by Judge John Antoon II 11-12-03) ctc (jrm) (Entered: 11/13/2003)
71 ORDER granting [41-1] defendant's motion to dismiss and the claims of Virginia Anderson, Tracy Brown, Jennifer Valdez, Y'Sheena McCoy and Lisa Williams are dismissed; denying as moot [41-2] motion for summary judgment (Signed by Judge John Antoon II) ctc (jrm) (Entered: 11/13/2003)
72 MOTION by Kmart Corporation for Guy O. Farmer II to withdraw as attorney ; referred to Magistrate Judge Karla R. Spaulding (jet) (Entered: 12/04/2003)
73 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties and amending of pleadings on 11/24/03; Discovery cutoff 8/16/04; dispositive motion filing deadline for 9/16/04; Pretrial statement due on or before 11/4/04; jury trial for the trial term commencing at 8:30 on 2/1/05; Scheduled for Judge John Antoon II ( signed by Judge John Antoon II on 12/7/03 ) ctc (jet) (Entered: 12/08/2003)
73 ORDER referring case to mediation. Appointing Cary R. Singletary as mediator. Conduct hearing by 2/15/04; Lead counsel, Kenneth L. Gillespie, to coordinate dates. (Signed by Judge John Antoon II on 11/7/03) ctc (jet) (Entered: 12/08/2003)
74 ORDER granting [72-1] motion for Guy O. Farmer II to withdraw as attorney (Terminated attorney Guy O. Farmer for Kmart Corporation ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (jet) (Entered: 12/10/2003)

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12/24/2003 03/18/2004 04/08/2004 04/09/2004 04/28/2004 04/29/2004 05/24/2004 05/24/2004 05/25/2004 07/13/2004 07/20/2004
07/29/2004 07/30/2004

75 ORDER granting [46-1] stipulation for substitution of counsel; the law firm of Littler Mendelson in place of the law firm of Foley & Lardner. (Signed by Magistrate Judge Karla R. Spaulding 12-23-03) ctc (jrm) (Entered: 12/24/2003)
76 NOTICE of intent to withdraw by attorney Lori A. Brown and Devand A. Sukhdeo for Kmart Corporation (jet) (Entered: 03/19/2004)
77 UNOPPOSED MOTION by defendant Kmart Corporation for Lori A. Brown and Devand A. Sukhdeo to withdraw as attorneys ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 04/08/2004)
78 ORDER denying without prejudice [77-1] defendant's motion for Lori A. Brown and Devand A. Sukhdeo to withdraw as attorneys (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 04/09/2004)
79 STIPULATED MOTION by defendant Kmart Corporation for substitution of counsel; Mark J. Neuberger of the law firm Buchanan Ingersoll in place of Lori Anne Brown and Devan A. Sukhedo of the law firm Littler Mendelson ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 04/28/2004)
80 ORDER granting [79-1] defendant's motion for substitution of counsel; Mark J. Neuberger of the law firm Buchanan Ingersoll in place of Lori Anne Brown and Devan A. Sukhedo of the law firm Littler Mendelson. Added Mark J. Neuberger. (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 04/29/2004)
81 APPLICATION by defendant Kmart Corporation for Richard J. Antonelli to appear pro hac vice ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 05/24/2004)
82 APPLICATION by defendant Kmart Corporation for Rebecca Dick-Hurwitz to appear pro hac vice ; referred to Magistrate Judge Karla R. Spaulding (jrm) (Entered: 05/24/2004)
83 ORDER granting [81-1] defendant's motion for Richard J. Antonelli to appear pro hac vice; granting [82-1] defendant's motion for Rebecca Dick-Hurwitz to appear pro hac vice (Signed by Magistrate Judge Karla R. Spaulding) ctc (jrm) (Entered: 05/25/2004)
84 MOTION for Extension of Time until 09-10-04 to Complete Discovery by Kmart Corporation. (Keane, Martin) Modified on 7/14/2004 (JRM, ). (Entered: 07/13/2004)
85 ORDER denying without prejudice 84 Motion for Extension of Time to Complete Discovery. The case is still under a stay issued by the presiding district judge. Further, in the future the parties should use the correct case number on filings, which is 6:01-CV-1133-ORL-28KRS. Signed by Judge Karla R. Spaulding on 7/20/2004. (Spaulding, Karla) (Entered: 07/20/2004)
86 Consent MOTION for clarification and to Hold the case in Abeyance by Kmart Corporation. (Keane, Martin) (Entered: 07/29/2004)
87 ORDER clarifying that the stay remains in place, vacating the Case Management and Scheduling Order, and Ordering the parties to submit a joint Case Management Report twenty days from a future Order lifting the stay. Signed by Judge John Antoon II on 7/30/2004. (EMW) (Entered: 07/30/2004)

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07/30/2004 09/10/2004 09/20/2004 11/29/2004 11/30/2004 11/30/2004 01/04/2005
01/05/2005 01/12/2005 01/13/2005 01/26/2005 01/31/2005
01/31/2005 02/04/2005 02/04/2005

88 RESPONSE to motion re 86 Consent MOTION for clarification and to Hold the case in Abeyance filed by Equal Employment Opportunity Commission. (Gillespie, Kenneth) (Entered: 07/30/2004)
ORDER directing administrative closure. Signed by Judge John Antoon II on 9/10/2004. (EMW) (Entered: 09/10/2004)
89 ORDER administratively closing case and ordering continuation of status reports.Signed by Judge John Antoon II on 9/17/2004. (EMW) (Entered: 09/20/2004)
90 STATUS REPORT by Kmart Corporation. (Keane, Martin) (Entered: 11/29/2004)
91 STATUS REPORT and Motion For Reopening The Administrative Closure of This Case by Equal Employment Opportunity Commission. (Farrell, Michael) (Entered: 11/30/2004)
92 MOTION for reopening the administrative closure of this case by plaintiff Equal Employment Opportunity Commission. (For actual document, see 91) (JRM) (Entered: 12/01/2004)
93 ORDER requiring K-Mart Corp. to respond to [92] MOTION to reopen Case filed by Equal Employment Opportunity Commission on or before 1/19/2005. Show Cause Response due by 1/19/2005. Signed by Judge John Antoon II on 1/4/2005. (EMW) (Entered: 01/04/2005)
Set/reset deadline as to [92] MOTION to reopen Case. K-Mart's response due by 1/19/2005 (JRM) (Entered: 01/05/2005)
94 Unopposed MOTION for Extension of Time, 7 days, to File Response/Reply to EEOC's Motion for Reopening the Administrative Closure of this Case by Kmart Corporation. (Poppe, Alan) Modified on 1/13/2005 (JRM). (Entered: 01/12/2005)
95 ORDER granting 94 Motion for Extension of Time to File Response/Reply re [92] MOTION to reopen Case Responses due by 1/26/2005. Signed by Judge Karla R. Spaulding on 1/13/2005. (SDT) (Entered: 01/13/2005)
96 RESPONSE in opposition re [92] MOTION to reopen Case filed by Kmart Corporation. (Poppe, Alan) (Entered: 01/26/2005)
97 NOTICE of filing exhibits to its previously-filed response in opposition to plaintiff's motion to reopen the administrative closure of the case that are too voluminous for electronic filing by defendant Kmart Corporation re 96 Response in opposition to motion (exhibits filed separately) (JRM) Modified on 1/31/2005 (JRM). (Document stricken pursuant to Court Order 98) (Entered: 01/31/2005)
98 ORDER STRIKING 97 Notice Of Filing Exhibits filed by Kmart Corporation. The Clerk of Court need not return the document. Signed by Judge John Antoon II on 1/31/2005. (EMW) (Entered: 01/31/2005)
99 NOTICE of Appearance by Jeffrey M. Goodz on behalf of Kmart Corporation (Goodz, Jeffrey) (Entered: 02/04/2005)
100 MOTION for leave to file Renewed Motion to Electronically File Exhibits To Response to Motion to Reopen by Kmart Corporation. (Attachments: # 1 # 2 # 3

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02/07/2005
02/11/2005 02/14/2005 02/28/2005 04/01/2005 04/04/2005 04/04/2005 04/06/2005 04/07/2005 04/15/2005 04/15/2005
04/20/2005 04/25/2005 05/17/2005

# 4 # 5 # 6 # 7 # 8)(Goodz, Jeffrey) (Entered: 02/04/2005)
101 ORDER granting 100 Motion for leave to file. Counsel are reminded, however, that nondispositive motions require a certification under M.D. Fla. L.R. 3.01(g). In the future, motions without such a certification may be denied. Signed by Judge Karla R. Spaulding on 2/7/2005. (Spaulding, Karla) (Entered: 02/07/2005)
102 MOTION for leave to file Reply Memorandum by Equal Employment Opportunity Commission. (Farrell, Michael) (Entered: 02/11/2005)
103 ENDORSED ORDER granting 102 Motion for leave to file reply memorandum. Signed by Judge John Antoon II on 2/14/2005. (EMW) (Entered: 02/14/2005)
104 REPLY to response to motion re [92] MOTION to reopen Case filed by Equal Employment Opportunity Commission. (Farrell, Michael) (Entered: 02/28/2005)
105 ORDER granting [92] Motion to reopen case. Signed by Judge John Antoon II on 4/1/2005. (EMW) (Entered: 04/01/2005)
107 NOTICE of Hearing: Status Conference set for 4/20/2005 at 09:30 AM in Courtroom 4 before Judge John Antoon II. (DJD, ) (Entered: 04/04/2005)
108 ORDER to comply with the administrative procedures regarding electronic filing within 15 days from the date of this order. Signed by Judge John Antoon II on 4/4/2005. (DJD, ) (Entered: 04/04/2005)
109 MOTION for Buchanan Ingersoll, PC to withdraw as attorney by Kmart Corporation. (Poppe, Alan) (Entered: 04/06/2005)
110 ORDER denying 109 Motion to withdraw as attorney. Signed by Judge Karla R. Spaulding on 4/7/2005. (SDT) (Entered: 04/07/2005)
111 Joint MOTION to continue hearing by Equal Employment Opportunity Commission, Kmart Corporation. (Farrell, Michael) (Entered: 04/15/2005)
112 ENDORSED ORDER granting 111 Motion to continue status conference. The status conference will be held on WEDNESDAY, MAY 18, 2005, at 9:30 a.m. in Courtroom 4. Signed by Judge John Antoon II on 4/15/2005. (EMW) (Entered: 04/15/2005)
113 Second MOTION to withdraw as Counsel by the law firm of Buchanan Ingersoll by Kmart Corporation. (Poppe, Alan) Modified on 4/21/2005 (JRM) (Entered: 04/20/2005)
114 ORDER granting 113 Motion to withdraw. Signed by Judge Karla R. Spaulding on 4/25/2005. (SDT) (Entered: 04/25/2005)
115 MINUTE ENTRY for proceedings held before Judge John Antoon II : Telephone Status Conference held on 5/17/2005. Court inquires as to status of case and settlement negotiations. Plaintiff states settlement discussions are still on-going. Court advises counsel to file a status report by May 24, 2005. If case is not settled, the parties are to meet within 2 weeks to prepare and file a case management report. Counsel for plaintiff: Michael Farrell; Counsel for defendant: Richard Antonelli; Start time: 5:00 pm; End time: 5:10 pm Court Reporter: Tony Rolland (DJD, ) (Entered: 05/18/2005)

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05/24/2005 06/03/2005 06/17/2005 06/28/2005 07/06/2005 07/07/2005 07/08/2005 08/22/2005 08/22/2005
08/23/2005 08/25/2005
08/29/2005 09/09/2005 09/23/2005
09/26/2005

116 STATUS REPORT by Equal Employment Opportunity Commission, Kmart Corporation. (Farrell, Michael) (Entered: 05/24/2005)
117 CASE MANAGEMENT REPORT. (Farrell, Michael) (Entered: 06/03/2005)
118 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge John Antoon II on 6/17/2005. (EMW) (Entered: 06/17/2005)
119 NOTICE of Mediation by Equal Employment Opportunity Commission; scheduled for 7/11/05 with Mark Walker. (Farrell, Michael) Modified on 6/29/2005 (JET). (Entered: 06/28/2005)
120 Unopposed MOTION to substitute attorney by Equal Employment Opportunity Commission; Jennifer N. Brown in place of Kenneth I. Gillespie. (Brown, Jennifer) Modified on 7/7/2005 (JRM) (Entered: 07/06/2005)
121 NOTICE by Equal Employment Opportunity Commission re 119 Notice (Other) Amended Notice of Mediation set for 7/19/05 with John Paul Jones Mediator. (Brown, Jennifer) Modified on 7/7/2005 (JRM) (Entered: 07/07/2005)
122 ORDER granting 120 Motion to substitute attorney. Attorney Kenneth Lawrence Gillespie terminated. Signed by Judge Karla R. Spaulding on 7/8/2005. (SDT) (Entered: 07/08/2005)
123 MOTION for Carl H. Hellerstedt, Jr., to appear pro hac vice by Jeffrey M. Goodz on behalf of Kmart Corporation. (Goodz, Jeffrey) Modified on 8/23/2005 (JRM) (Entered: 08/22/2005)
124 ORDER TO SHOW CAUSE regarding the status of the mediation which was to be conducted on 7/19/05 as to Equal Employment Opportunity Commission. Show Cause Response due within 10 days from the date of this order. Signed by Judge John Antoon II on 8/22/2005. (DJD, ) (Entered: 08/22/2005)
125 ORDER granting 123 motion to appear pro hac vice. Signed by Judge Karla R. Spaulding on 8/23/2005. (SDT) (Entered: 08/23/2005)
PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Carl H. Hellerstedt, Jr. appearing on behalf of Kmart Corporation (Filing fee $10.00; receipt number 19266) re: 123 motion for pro hac vice. (IGC) (Entered: 08/25/2005)
126 NOTICE by Equal Employment Opportunity Commission Withdrawal of Michael Farrell as Counsel of Record (Brown, Jennifer) (Entered: 08/29/2005)
127 NOTICE by Equal Employment Opportunity Commission, Kmart Corporation re 124 Order to show cause, Notice of Staus of Mediation Compliance with Court's August 22, 2005 (Brown, Jennifer) (Entered: 09/09/2005)
128 Joint MOTION for Extension of Time until 10/13/05 to File Dispositive Motions and to Reply to Same by Kmart Corporation, EEOC. (Attachments: # 1 Text of Proposed Order to Joint Motion for Extension of Time to File Dispositive Motions and to Reply to Same)(Hellerstedt, Carl) Modified on 9/26/2005 (JRM) (Entered: 09/23/2005)
129 ENDORSED ORDER granting 128 Motion for Extension of Time to File Dispositive Motions and Reply to Same. Signed by Judge John Antoon II on

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10/11/2005
10/11/2005 10/11/2005 10/26/2005 11/04/2005 11/08/2005
11/23/2005 11/23/2005
11/23/2005 12/14/2005

9/26/2005. (EMW) (Entered: 09/26/2005)
130 MOTION for summary judgment by Kmart Corporation. (Attachments: # 1 Exhibit "A" - Record for Summary Judgment and Notice of Filing Deposition Transcripts to Accompany Defendant's Motion for Summary Judgment# 2 Exhibit "1" - Transcript of the Testimony of Lisa Williams# 3 Exhibit "2" Transcript of the Testimony of Tracy Brown# 4 Exhibit "3" - Transcript of the Testimony of Jennifer Valdez# 5 Exhibit "4" - Transcript of the Testimony of Virginia Anderson# 6 Exhibit "5" - Affidavit of Keith Johnson)(Hellerstedt, Carl) (Entered: 10/11/2005)
131 MEMORANDUM in support re 130 Motion for summary judgment,, filed by Kmart Corporation. (Hellerstedt, Carl) (Entered: 10/11/2005)
132 STATEMENT of undisputed facts re: 131 Memorandum in support, 130 MOTION for summary judgment by Kmart Corporation.. (Hellerstedt, Carl) (Entered: 10/11/2005)
133 NOTICE of unavailability of counsel byEqual Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 10/26/2005)
134 Unopposed MOTION for Extension of Time until 11/23/05 to File Response/Reply as to 131 Memorandum in support, 130 MOTION for summary judgment, 132 Statement of undisputed facts and Motion to extend remaining pre-trial deadlines by 60 days by Equal Employment Opportunity Commission. (Brown, Jennifer) Modified on 11/7/2005 (JRM) (Entered: 11/04/2005)
135 ENDORSED ORDER granting in part and denying in part 134 Motion for Extension of Time to File Response/Reply to MOTION for summary judgment, and Motion to Extend remaining pre-trial deadlines by 60 days. The Motion for Extension of time to File Response to Summary Judgment Motion is GRANTED. Response due November 23, 2005. Motion to Extend all remaining pre-trial deadlines is DENIED. Signed by Judge John Antoon II on 11/8/2005. (EMW) (Entered: 11/08/2005)
136 RESPONSE in opposition re 130 MOTION for summary judgment filed by Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 11/23/2005)
137 NOTICE by Equal Employment Opportunity Commission re 136 Response in opposition to motion of Filing Exhibit Index (Attachments: # 1 Exhibit 1. Todd Aikey Affidavit# 2 Exhibit 2 Todd Aikey depositon transcript# 3 Exhibit 5 30(b)(6) Chmielewski deposiiton transcript# 4 Exhibit 6 30(b)(6) Gallipeau deposition transcript# 5 Exhibit 7 30(b)(6) Larkins deposition transcript# 6 Exhibit 8 30(b)(6) Russell deposition transcript)(Brown, Jennifer) (Entered: 11/23/2005)
138 STATEMENT of undisputed facts re: 137 Notice (Other), Notice (Other), 136 Response in opposition to motion by Equal Employment Opportunity Commission.. (Brown, Jennifer) (Entered: 11/23/2005)
139 PROPOSED jury instructions by Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 12/14/2005)

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12/14/2005 12/14/2005 12/14/2005 01/04/2006 01/06/2006 01/06/2006 01/10/2006 01/11/2006 01/11/2006 01/12/2006 01/12/2006 01/12/2006
01/12/2006 01/17/2006
01/18/2006

140 PRETRIAL STATEMENT by Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 12/14/2005)
141 PROPOSED verdict form filed byEqual Employment Opportunity Commission. (Brown, Jennifer) (Entered: 12/14/2005)
142 PROPOSED voir dire questions by Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 12/14/2005)
143 NOTICE of Hearing: Settlement Conference set for 1/9/2006 09:30 AM in Courtroom 5 before Magistrate Judge Karla R. Spaulding. (MDP, ) (Entered: 01/04/2006)
144 Unopposed MOTION for settlement conference to Reschedule Date by Kmart Corporation. (Attachments: # 1 Exhibit "A"# 2 Text of Proposed Order Rescheduling Settlement Conference)(Hellerstedt, Carl) (Entered: 01/06/2006)
145 Order and NOTICE of Hearing re 144: Settlement Conference set for 1/13/2006 09:30 AM in Courtroom 5 before Magistrate Judge Karla R. Spaulding. (MDP, ) (Entered: 01/06/2006)
146 Unopposed MOTION LEAVE TO BRING LAPTOP COMPUTER re 143 Notice of Hearing, 145 Notice of Hearing by Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 01/10/2006)
147 ORDER granting in part and denying in part 146. Signed by Judge Karla R. Spaulding on 1/11/2006. (MDP, ) (Entered: 01/11/2006)
148 NOTICE by Equal Employment Opportunity Commission of Designation Under Local Rule 1.05(c) (Brown, Jennifer) (Entered: 01/11/2006)
149 ORDER re 148.Signed by Judge Karla R. Spaulding on 1/12/2006. (MDP, ) (Entered: 01/12/2006)
150 AMENDED ORDER re 146. Signed by Judge Karla R. Spaulding on 1/12/2006. (MDP, ) (Entered: 01/12/2006)
151 NOTICE canceling settlement conference hearing scheduled for 1/13/2006. Counsel for the parties advised the Court on the record that settlement documents have been prepared and approved by each party. Counsel for the parties are to file the settlement documents and request for approval of the settlement on or before January 17, 2006. (Spaulding, Karla) (Entered: 01/12/2006)
152 MINUTE ENTRY for proceedings held before Judge Karla R. Spaulding : Settlement Conference (telephone hearing) held on 1/12/2006. (Tape # 2006 2:964-119) (SLD, ) (Entered: 01/12/2006)
153 NOTICE by Equal Employment Opportunity Commission of Filing Settlement Agreement to Be Executed by the Court (Attachments: # 1 Exhibit Exhibti A Settlement Agreement# 2 Exhibit Exhibit B Joint Stipulation for Dismissal)(Brown, Jennifer) (Entered: 01/17/2006)
154 ORDER dismissing case. Signed by Judge John Antoon II on 1/18/2006. (EMW) (Entered: 01/18/2006)

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01/18/2006

155 ORDER dismissing case.Signed by Judge John Antoon II on 1/18/2006. (EMW) (Entered: 01/18/2006)

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