UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
WAL-MART STORES, INC,
Defendant. _______________________________________/

CASE NO. 2:05-cv-74211 HON. GEORGE CARAM STEEH

CONSENT DECREE 1. Plaintiff, the United States Equal Employment Opportunity Commission (the “Commission”) commenced this action on September 29 2005 in the United States District Court for the Western District of Michigan, which was subsequently tr ansferred to the Eastern District of Michigan, alleging that the Defendant, Wal-Mart Stores, Inc. (“Wal-Mart”) failed to reasonably accommodate Charging Party Linda Keyes , in violation of the Am ericans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. 2. As a result of settlement discussions, the Com mission and Wal-Mart have resolved their differences and have agreed that this action should be settled by entry of this Consent Decree. It is the intent of the parties that this Consent Decree be a final and binding settlement in full disposition of any and all claims alleged or which could have been alleged in the Complaint against Wal-Mart or in the Charge of Discrimination filed by Keyes, Charge No. 230-A2-01399.
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STIPULATED FACTS 3. The Commission is the agency of the United States government authorized by the ADA to investigate allegations of unlawful employment discrimination based upon disability, to bring civil actions to prohibit unlawful employment practices, and to seek relieffor individuals affected by such practices. 4. Wal-Mart is an employer engaged in an industry affecting commerce within the meaning of Section 101(5) of the ADA, 42 U. S.C. § 12111(2)w, hich incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. § 2000e (g) and (h). Wal-Mart had at least 25 employees for 20 or more calendar weeks during the relevant period of time. 5. Pursuant to the ADA, the parties acknowledge the jurisdiction of the United States District Court for the Eastern District of Michigan (Southern Division) over the subject matter and parties to this case for the purpose of entering this Decree, and if necessary, enforcing the provisions of this Decree. 6. Venue is appropriate in the Eastern Districtof Michigan (Southern Division). For purposes of this Decree and proceedings related to this Decree only, W al-Mart agrees that all statutory conditions precedent to the institution of this lawsuit against Wal-Mart has been fulfilled.
FINDINGS 7. Having examined the term s and provisions of the Consent Decree and based on the pleadings, records, and stipulations of the parties, the Court finds the following: a. The Court has jurisdiction over the subject matter of this action against Wal-Mart; b. The terms and provisions of this Consent Decree are fair, reasonable and just. The rights of
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Wal-Mart, the Com mission, and those for whom the Com mission seeks r elief are adequately protected by this Decree; c. The Consent Decree conforms with the Federal Rules of Civil Procedure and the ADA, and is not in derogation of the rights and privileges ofany person. The entry ofthis Decree will further the objectives of the ADA and will be in the best interests of the parties and those for whom the Commission seeks relief NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
NON-ADMISSION 8. This Decree, being entered with t he consent of the Com mission and Wal-Mart, shall not constitute an adjudication or finding on the merits of this case and shall not be construed as an admission by Wal-Mart of any violation of the ADA or, any other law, rule or regulation dealing with or in connection with equal employment opportunity.
NON-DISCRIMINATION 9. Wal-Mart, its officers and associates and all persons in active concert or participation with them or any of them shall comply with the provisions of the ADA, 42 U.S.C. § 12101 et seq., with regard to disability discrimination. 10. Wal-Mart, its officers and associates shall comply with their legal obligation to reasonably accommodate individuals with disabilities as defined/required by the ADA.
NON-RETALIATION 11. Wal-Mart shall not take any action against any person which constitutes intim idation, retaliation, harassment, or interference with th e exercise of such person’s rights under the ADA
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because of the filing of the Charge of Discrimination by Linda Keyes, which forms the basis for the present case, or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection with this case under the ADA.
MONETARY COMPENSATION 12. Wal-Mart shall, within twenty (20) days ofentry of this Consent Decree, pay Linda Keyes, Seven Thousand, Five Hundred Dollars ($7,500). This am ount represents payment for alleged compensatory damages. Wal-Mart shall issue a 1099 form for this amount in the ordinary course of business. This monetary compensation shall be paid in a check made payable to Linda Keyes, 108 Mystic Cove Box 41, Herron, Michigan 49744 and Teri Gorman her attorney. Wal-Mart shall mail this payment to Linda Keyes’ attorney withinten (10) days after this Consent Decree has been entered by the Court. Wal-Mart shall mail a copy of the check to Adele Rapport, Regional Attorney, 477 Michigan Avenue, Suite 865, Detroit, Michigan 48226. The Commission shall have the right to monitor compliance with this paragraph.
TRAINING AND/OR EDUCATIONAL PROGRAMS 13. Wal-Mart agrees that it will provide a mandatory training program to all salaried members of management at its Alpena, Michigan store which will focus on the requirements of the federal equal employment opportunity laws, including the Am ericans with Disabilities Act of 1990, as amended. The training will require the retaking of Wal-Mart’s CBL (computer based learning) which addresses the ADA and includes information and discussion regarding the ADA requirement that employers have a duty to provide a reasonable accommodation for employees with disabilities and are required to engage in the interactive process with em ployees to determ ine possible reasonable accommodations.
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POSTING OF NOTICE 15. Wal-Mart agrees that it shall post a copy of tehNotice attached as Exhibit A in a conspicuous location at its Alpena facility where employee notices are posted. The notice shall be postedofr one (1) year from the date the Consent Decree is entered by the Court. Should the posted notice becoem defaced, marred or otherwise m ade unreadable, Wal-Mart agrees to post a readable copy of the notice as soon as practical thereafter.
DURATION 16. This Consent Decree shall remain in effect for one (1) year from the date it is entered, and the Court shall retain jurisdiction of this action during the duration of this Decree to enf orce compliance with the Decree.
REPORTING 17. Three (3) m onths after entry of this Decr ee and on the anniversar y of t he entry of this Decree, the Defendant shall subm it to the Commission a report (signed proof the CBL has bee n retaken and proof of passing score) of the steps it has taken to com ply with this Decree. The Defendant’s report pursuant to this paragraph shall be subm itted to: Adele Rapport, Regional Attorney, EEOC, Detroit District Office, 477 Michigan Avenue, Suite 865, Patrick V. McNamara Building, Detroit, Michigan 48226. The reporting obligations under this paragraph shall cease after the Defendant submits the report due on the anniversary date of the entry of this Decree.
DISPUTE RESOLUTION AND COMPLIANCE 18. The Court will have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of any party, the Court may schedule a hearing for the purpose of reviewing any party’s compliance with this Decree and/or ordering appropriate relief to determine whether the
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parties have complied with the terms of this Decr ee. Prior to seeking review by the Court, the parties shall engage in a good faith effort to r esolve any dispute concerning compliance with the Decree. Any party seeking court review of a matter shall be required to give ten (10) days notice to the other parties before moving for such review.
COURT COSTS AND ATTORNEY FEES 19. Each party shall bear its own court costs and attorney fees.
MISCELLANEOUS 20. If any provision(s) of this Agreement is found to be unlawful, onlythe specific provision(s) in question shall be affected and the other provisions will remain in fall force and effect. 21. The terms of this Decree shall be binding upon the present and future owners, officers, directors, employees, creditors, agents, trustees, adm inistrators, successors, representatives, and assigns of Wal-Mart. 22. This Agreement constitutes the entire agreem ent and commitments of Wal-Mart and the Commission. Any modifications to this Decree must be mutually agreed upon and memorialized in a writing signed by Wal-Mart and the Commission. 23. When this Decree requires or permits the submission of any documents by Wal Mart to the Commission, if not ot herwise indicated in the Decree, they shall be m ailed to Adele Rapport, Regional Attorney, EEOC, Detroit District Offi ce, Patrick V. McNamara Federal Building, 477 Michigan Avenue, Room 865, Detroit, MI 48226.
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EQUAL EMPLOYMENT OPPORTUNITY WAL-MART STORES, INC. COMMISSION
KIENBAUM OPPERWALL HARDY & PELTON, P.L.C.

______/s/ Dale Price________________ Adele Rapport (P44833) Regional Attorney

By:___/s/ with permission___________________ Eric J. Pelton (P40635) Attorneys for Defendant

Stanley Pitts (P33519) Supervisory Trial Attorney

Dale Price (P55578) Trial Attorney Attorneys for Plaintiff

Detroit District Office Patrick V. McNamara Federal Building 477 Michigan Avenue, Room 865 Detroit, MI 48226

IT IS SO ORDERED:

Dated: 11/21/05

s/George Caram Steeh UNITED STATES DISTRICT JUDGE

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EXHIBIT A NOTICE TO ALL EMPLOYEES
This Notice is being posted as a result of a Consent Decree entered between the United States Equal Employment Opportunity Commission and Wal-Mart Stores, Inc., to inform you of your rights guaranteed by federal law under the Americans With Disabilities Act, 42 U.S. C. § 12101 et. seq. (“ADA”). The ADA prohibits discrimination against any employee on the basis of disability with regard to any term or condition of employment including hiring, layoff, recall, promotion, discharge, pay and fringe benefits or in retaliation for the opposition to unlawful employment practices. The United States Equal Employment Opportunity Commission is the federal agency which investigates charges of unlawful employment discrimination and, if necessary, files lawsuits in federal court to enforce the anti-discrimination provisions of the ADA. Any employee who believes that he/she is the victim of discrimination or retaliation has the legal right to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. Wal-Mart supports and will comply with this federal law in all respects. Wal-Mart will not take any action against any employees because they have exercised their rights under the ADA.

_______________________________ Dated:

____________________________________ Wal-Mart Stores, Inc.

8

 
 JS 4411199

...

--

1 ' ~ 5 CV 0676

CIVIL COVER SHEET COUNTY IN WHICH THIS ACTION AROSE: ALPENA

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required
for use of the Clerk of Court for the purpose of initiating the civil docket sheet.

I. (a) PLAINTIFFS

DEFENDANTS

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

WAL-MART STORES, INC.

(b) County of Residence of First Listed (C) Attorney's (Firm Name, Address, and Telephone Number)

County of Residence of First Listed

ALPENA

NOTE: IN lAND CONDEMNATION CASES, :-:U-=-SE=TH---E-L-O-C-A-T-IO-N-O-F-TH-E--

N INV Attorneys (If Known)

Dale Price (P55578), Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865, Detroit, MI 48226 (313) 226-7808

Gordon J. Quist ,
U. S. District Jud .

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff

~ 1 U.S. Government
Plaintiff

o 3 Federal Question (U.S. Government Not a Party)

(For Diversity Cases Only)

PLA OEF

0 0 Citizen of This State

I

1

and One Box for Defendant)

PlA OEF

0 0 Incorporated or Principal Place 4

4

of Business In This State

o 2 U.S. Government Defendant

o 4 Diversity (Indicate Citizenship of Parties in Item 111)

Citizen of Another

0 0 Citizen or Subject of a

3

3

Forei n Counlrv

Incorporated and Principal

05 0 5

of Business In Another State

Foreign Nation

06 0 6

IV. NATURE OF SUIT

(Place an ·X" in One Box Only)

CONTRACT

TORTS

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

0 1 1 0 Insurance 0 120 Marine 0 130 Miller Act 0 140 Negotiable Instrument 0 150 Recovery of
Oveipayment and Enforcement of Judgment
0 151 Medicare Ad
0 152 Recovery of Defaulted Student Loans (Exd. Veterans)
0 153 Recove<y of Overpayment of Veteran's Benefits
0 160 Stockholders' Su~s 0 190 Other Contract 0 195 Conlract Product Uab~ity
REAL PROPERTY
0 210 Land Condemnation 0 220 Foreclosure 0 230 Rent Lease & Ejectment 0 240 Torts to Land 0 245 Tort Product liability 0 290 All Other Real Property

PERSONAL INJURY 0 31 0 Airplane 0 315 Airplane Product
Liability 0
320 Assault Libel And Slander
0 330 Federal Employers'
Uability 0 340 Marine 0 345 Maline Product
Uability 0 350 Motor Vehicle 0 355 Motor Vehicle
Product Liabirlty 0 360 Other Personal
Injury

PERSONAL INJURY 0 0 362 Personal Injury- 0
Med. Malpractice 0
0 365 ~~r onufc.t llnaMIIftYy - 0

0 368 Asbestos Personal 0

Injury Product

Liability

0

0

PERSONAL PROPERTY

o 370 Other Fraud

0

o 371 Truth in Lending

o 380 Other Personal

Property Damage 0 385 Property Damage

0

Product Liabil~y

0

CIVil RIGHTS

PRISONER PETITIONS 0

0 «1 Voting

0 510 Motions to Vacate

Iiil «2 Employment

Sentence

0

0 443 Housing!

Habeas COipus:

Accommodations 0 530 General

0

0 4« Welfare

0 535 Death Penalty

0 440 Other Civil Rights 0 540 Mandamus & Other 0

0 550 Civil Rights

0 555 Prison Cond~ion

610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure
of Property 21: 881 630 Liquor Laws
640 R.R. & Truck
650 Airline Regs. 660 Occupational
Safety/Health 690 Other
LABOR
71 0 Fair Labor Standards Ad
720 LaborlMgmt. Relations
730 LaborlMgml Reporting & Disclosure Ad
740 Railway Labor Act
790 Other Labor Utigation
791 Empl. Ret. Inc. SeculityAct

0 422 Appeal 28 USC 158
0 423 Withdrawal 28 USC 157
PROPERTY RIGHTS
0 820 Copyrights 0 830 Patent 0 840 Trademark
SOCIAL SECURITY
0 861 H IA (1 395ft) 0 862 Black Lung (923) 0 863 DMICIrY.WN (405(g)) 0 864 SSID Title XVI 0 865 RSI (405(g))
FEDERAL TAX SUITS
o 870 Taxes (U.S. Plaintiff
or Defendant)
o 871 IRS-Third Party
26 USC 7609

o 400 State Reapportionment o 41 0 Antitrust o 430 Banks and Banking o 450 CommercellCC o 460 Deportation
o 470 Racketeer Influenced & Corrupt Organizations
o 810 Selective Service o 850 Secu rities/Com mod iliesl
Exchange
o 875 Customer Challenge
12 LlSC 3410
o 891 Agricultural Acts o 892 Economic Slabtlization Act o 893 Envirormental Matters o 894 Energy Allocation Act o 895 Freedom of
Information Ad
o 900 ~.:~~.it;~ Under Equal Access to Justice
o 950 Constitutionality of
State Statutes
o 890 Other Statutory Actions

V.ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

1KI1 0 Original

2 Removed from

Proceeding

State Court

0 3 Remanded from
Appellate Court

0 4 ~instated
Reopened

Transferred from

o another district 5 (specify)

o 6 Multi district

Litigation

VI. CAUSE OF ACTION (Cite the U.~. Civil Statute under which you are filing and write brief statement of cause.
00 not cite jurisdictional statutes unless diversity.)

Appeal to
o District 7 Judge from
Magistrate

This is an action under Title I of the Americans With Disabilities Act of 1990, and Title I of the Civil Rights Act of 1991 to correct unlawful

o ...mnlnvtn...nt nr"rtir"" nn th... h""i" nf t!i""hilitv

VII. REQUESTED IN

CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

UNDER F.R.C.P. 23

$ DEMAND

CHECK YES only if demanded in complaint

JURY DEMAND:

0 ~ Yes

No

(See
VIII. RELATED CASE(S) instructions):

IF ANY

JUDGE

DOCKET NUMBER

DATE

SIGNATURE OF ATTORNEY OF RECORD

\~

PURSUANT TO LOCAL RULE 83.11

1.

Is this a case that has been previously dismissed?

If yes, give the following information: Court: ______________________________________

Case No.: ____--,-_____________________________

Judge: ________.~,.----------------------------

DYes
fKI No

•

2.

Other than stated above, are there any pending or previously

discontinued or dismissed companion cases in this or any other

DYes

fKI court, including state court? (Companion cases are matters in which

No

it appears substantially similar evidence will be offered or the same

or related parties are present and the cases arise out of the same

transaction or occurrence.)

If yes, give the following information: Court: _____________________________________

Case No.: ___________________________________ Judge: _____________________________________

Notes:

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

..-: ('.~') ····0 fil···12,1:'5
t .,.' . . ':' i '. 1 .;)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. WAL-MART STORES INC.,
Defendant. ___________________________1

I ; .. ,

Civil Action No.:

1

HONORABLE

Gordon J. Quist
u. S. District Judge

COMPLAINT

AND JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title I ofthe Americans With Disabilities Act of 1990, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis ofdisability and to make whole Linda Keyes ("Keyes"). The Equal Employment Opportunity Commission alleges that Defendant Wal-Mart Stores Inc. violated the Americans with Disabilities Act ("ADA") when it failed to reasonably accommodate Keyes, a qualified individual with a disability, depression.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) ofthe Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.c. §§ 2000e5(f)(1) and (3), and pursuant to Section 102 ofthe Civil Rights Act of 1991, as amended, 42 U.S.C. Section 1981(a).

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2. The employment practices hereafter alleged to be unlawful were committed in the Western District of Michigan, Southern Division.
PARTIES 3. The Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title I ofthe ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-S(f)(1) and (3). 4. At all relevant times, Defendant Wal-Mart Inc., was doing business in the State of Michigan and the County of Alpena, and has continuously had at least fifteen (IS) employees. 5. At all relevant times, Defendant Wal-Mart Stores Inc., was continuously engaged in an industry affecting commerce within the meaning of Section 101(S) of the ADA, 42 U.S.C. § 12111(S), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Section 701(g) and (h) of Title VII, 42 U.S.c. § 2000e(g) and (h). 6. At all relevant times, Defendant Wal-Mart Stores Inc., was a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution ofthis lawsuit, Keyes' filed a charge with the Commission alleging violations of Title I ofthe ADA by Defendant Wal-Mart Stores Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Beginning in March 2001, Defendant Wal-Mart Stores Inc., engaged in unlawful employment practices in violation ofthe ADA Sections 102(a), 102(b)(S)(A) and 102(b)(S)(B), 42
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U.S.c. §§ l2112(a), l2112(b)(5)(A) and l2112(b)(5)(B). The Defendant's practices include, but are not limited to, failing to reasonably accommodate Keyes' need to work a certain amount of hours, which was necessary because of her disability.
9. Keyes is a qualified individual with a disability who was able to perform the essential functions of her position with or without a reasonable accommodation.
10. The effect of the above-mentioned unlawful employment practices has been to deprive Keyes of equal employment opportunities because of her disability.
11. The above-mentioned unlawful employment practices were intentional. 12. The effect ofthe above-mentioned unlawful employment practices has been to cause
Keyes to suffer a loss of enjoyment of life. 13. The unlawful employment practices complained of above were committed with malice and a reckless indifference to Keyes federally protected rights.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. GRANT a permanent injunction enjoining Defendant Wal-Mart Stores, Inc., its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any unlawful employment practice which discriminates on the basis of disability; B. ORDER Defendant Wal-Mart Stores, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices; C. ORDER Defendant Wal-Mart Stores, Inc., to provide training to its employees regarding disability discrimination and the ADA's requirement to provide a reasonable
3

accommodation to disabled employees;

D. ORDER Defendant Wa1-Mart Stores Inc., to make whole Keyes by providing him

with appropriate lost earnings and benefits, with pre-judgment interest, in amounts to be proven at

trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment

practices;

E. GRANT a permanent injunction enjoining Defendant Employer to revise and modify

its employment application consistent with the ADA.

F. ORDER Defendant Wa1-Mart Stores, Inc., to make whole Keyes by providing

compensation for past and future nonpecuniary losses resulting from the unlawful practices

complained of in paragraph 8 above, in amounts to be proven at trial.

G. ORDER Defendant Wa1-Mart Stores, Inc., to pay Keyes punitive damages for the

malicious or reckless conduct described in paragraph 8 above, in amounts to be proven at trial.

H. GRANT the Commission its costs in this action; and

1.

GRANT such further relief as the Court deems necessary and proper.

Respectfully submitted,

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

DATED: SEP 2 8 2005

ROBERT DAWKlNS (P38289)
DALE PRICE (P55578) Trial Attorney

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Patrick V. McNamara Building 477 Michigan Avenue, Room 865 Detroit, Michigan 48226 (313) 226-5670
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 CM/ECF - U.S. District Court:mied - Docket Report

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?366979451643879-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:05-cv-74211-GCS-MKM

CLOSED

Equal Employment Opportunity Commission v. Walmart Stores, Date Filed: 11/02/2005

Incorporated

Date Terminated: 11/21/2005

Assigned to: Honorable George Caram Steeh

Jury Demand: None

Referred to: Honorable Mona K Majzoub

Nature of Suit: 442 Civil Rights: Jobs

Cause: No cause code entered

Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dale R. Price, Jr. Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-7808 Email: dale.price@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert K. Dawkins Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-4600 Fax: 313-226-2778 Email: robert.dawkins@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Defendant Walmart Stores, Incorporated

represented by Eric J. Pelton Kienbaum, Opperwall, 280 N. Old Woodward Avenue Suite 400 Birmingham, MI 48009-6255 248-645-0000 Fax: 248-645-1385 Email: epelton@kohp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/02/2005 11/03/2005 11/21/2005

#

Docket Text

1 CASE TRANSFERRED IN from the Western District of Michigan; Case Number 1:05-CV-0676. Certified copy of transfer order and docket sheet received.(DPer, ) (Entered: 11/03/2005)
2 NOTICE by United States District Court to counsel of record of receipt of case from the Western District of Michigan (case no. 1:05-cv-0676). (DPer, ) (Entered: 11/03/2005)
3 CONSENT DECREE. Signed by Honorable George Caram Steeh. (NHoll, ) (Entered: 11/22/2005)

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 United States District Court for the Western District of Michigan - Dock... https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?410282953784697-L_...

United States District Court Western District of Michigan (Southern Division (1)) CIVIL DOCKET FOR CASE #: 1:05-cv-00676-GJQ

CLOSED

Equal Employment Opportunity Commission v. Wal-Mart Stores, Inc. Assigned to: Judge Gordon J. Quist Cause: 28:451 Employment Discrimination

Date Filed: 09/30/2005 Date Terminated: 10/28/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

plaintiff
Equal Employment Opportunity Commission

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

Dale Price U.S. Equal Employment Opportunity Commission (MI) 865 Patrick V. McNamara Bldg. 477 Michigan Ave. Detroit, MI 48226 (313) 226-7808 Email: dale.price@eeoc.gov ATTORNEY TO BE NOTICED

V. defendant Wal-Mart Stores, Inc.

Date Filed 09/30/2005 09/30/2005

#

Docket Text

1 COMPLAINT and jury demand against Wal-Mart Stores, Inc. filed by Equal Employment Opportunity Commission (Attachments:, # 1 Civil Cover Sheet) (cmi, ) (Entered: 10/03/2005)
SUMMONS ISSUED as to Wal-Mart Stores, Inc. (cmi, ) (Entered: 10/03/2005)

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10/25/2005
10/28/2005 10/31/2005 11/04/2005

2 PROPOSED STIPULATION and ORDER transferring the case to the Eastern District of Michigan by plaintiff Equal Employment Opportunity Commission (Price, Dale) Modified on 10/26/2005 to edit capitalization (elc). (Entered: 10/25/2005)
3 ORDER granting STIPULATION 2. Case transferred to Eastern District of Michigan ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 10/28/2005)
4 LETTER, certified copy of transfer order and certified copy of docket sheet sent to Eastern District of Michigan (elc) (Entered: 10/31/2005)
5 ACKNOWLEDGMENT from Eastern District of MI, of receipt of WDMI transfer case, assigning case number 2:05-cv-74211 (elc) (Entered: 11/07/2005)

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