FILED

IN FOR

THE THE

UNITED STATES DISTRICT COUR1fAST~~2~J
EASTERN DISTRICT OF ARKANSAS .

°rif~.fR.'C,(!, TCAOPU~'.'~'~ICII(,

WESTERN DIVISION~t P 2 ~ 1SS9

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

AUTOZONE, INC.

)

)

Defendant.

)

)

~~~::N. McCORM/~Ci\1 (..LUiK
DEPT. CLERK
CIVIL ACTION NO
LR..c- 99-
COMPLAINT
'td?9g •,;"se assigned to District JudgE':
J~R~~=' ~~~ND ~

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended ("Title

VII"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices and

to provide appropriate relief on behalf of Theresa Garner and other female employees and female

applicants for employment. AutoZone, Inc. has a pattern and practice of failing to promote

female employees into upper management positions because of their sex and also has a pattern

and practice of excluding females from its management recruiting program because of their sex..

Additionally, this action seeks redress for AutoZone' s retaliation against Ms. Garner subsequent

to her filing a charge of discrimination.

JURISDICTION AND VENUE

1.

Jurisdiction of this Court is invoked pursuant to 28 USc. ~§451, 1331, 1337,

1343, and 1345. This is an action authorized and instituted pursuant to §706(f)(1) and (3) and

§706 and §707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §2000e, et

seq. ("Title VI!').

2. The employment practices alleged to be unlawful were and are now being

committed within the jurisdiction of the United States District Court for the Eastern District of

Arkansas, Western Division.

PARTIES

3. 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 VII and is expressly authorized to bring this action by §706(t)(l) and (3)

and §707 of Title VII, 42 U.S.C. §2000-5(t).

4. At all relevant times, Defendant, AutoZone, Inc. ("Defendant Employer"), was a

corporation doing business in the State of Arkansas and the City of Little Rock and has

continuously had at least fifteen (15) employees.

5. At all relevant times, Defendant Employer has continuously been and is now an

employer engaged in an industry affecting commerce within the meaning of §701(b), (g), and (h)

of Title VII, 42 U.S.c. §§2000e(b), (g), and (h).

STATEMENT OF CLAIMS

6. More than thirty (30) days prior to the institution of this lawsuit, Theresa L.

Garner filed a charge of discrimination with the Commission alleging violations of Title VII by

Defendant Employer including sexual discrimination in failure to promote and retaliation for

exercising a federally protected right. During the course of the investigation a pattern and

practice of discrimination against female employees and female applicants was discovered. All

conditions precedent to the institution of this lawsuit have been fulfilled.

COUNT I

7.

From on or around July of 1997, and continuing, Defendant Employer has

engaged in unlawful employment practices at its facility in Little Rock, Arkansas, in violation of §703(a) of Title VII, as amended, 42 U.s.c. §2000e-2(a). The unlawful practices include, but are not limited to failure to promote Theresa L. Garner to manager positions because of her sex.
8. The effect of the practices complained of above has been to deprive Theresa L. Garner of equal employment opportunities and otherwise adversely afiect her status as an employee.
9. In July of 1997, Theresa L. Garner applied for the manager's position along with four or five other male candidates. Ms. Garner was qualified for the position but was denied promotion based on her sex. The promotion was given to a less qualified male and all reasons for not promoting Ms. Garner are pretextual.
10. The unlawful employment practices complained of above were and are intentional.
11. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of Theresa L. Garner.
COUNT II 12. From on or around July of 1997, and continuing, Defendant Employer has engaged in unlawful employment practices at its facility in Little Rock, Arkansas, in violation of §703(a) of Title VII, as amended, 42 U.S.c. §2000e-2(a). The unlawful practices include, but are not limited to failure to promote female applicants to manager positions because of their sex and failure to recruit female applicants because of their sex. 13. The effect of the practices complained of above has been to deprive female employees and applicants of equal employment opportunities and otherwise adversely affect their status as employees and applicants for employment.

14. The unlawful employment practices complained of above were and are intentional.
15. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights offemale employees and female applicants.
COUNT III 16. Since at least August 29, 1997, Defendant Employer has engaged in unlawful employment practices at its facility in Little Rock, Arkansas, in violation of §703(a) of Title VII, as amended, 42 U.S.C. §2000e-2(a) and §704 of Title VII, as amended, 42 U.s.c. §2000e-3. The unlawful practice includes retaliation against Theresa L Garner for exercising her federally protected rights in filing a charge of discrimination. 17. Subsequent to filing a charge of discrimination, Theresa L. Garner was subjected to retaliation including but not limited to written reprimands, demotion, and denial of employment benefits. 18. The effect of the practices complained of above has been to deprive her of her federally protected rights and equal employment opportunities and otherwise adversely affect her status of employment. 19. The unlawful employment practices complained of above were and are intentional. 20. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of Theresa L. Garner.
PRAYER FOR RELIEF COUNTS I, II, AND In WHEREFORE, the Commission respectfully prays that this Court:

A.

Grant a permanent injunction enjoining the Defendant Employer, its officers,

successors, assigns and all persons in active concert or participation with it, from engaging in any

employment practice which discriminates on the basis sex.

B. Order Defendant Employer to institute and carry out policies, practices and

programs which provide equal employment opportunities which eradicate the effects of its past

and present unlawful employment patterns and practices.

C. Order Defendant Employer to make whole Theresa L. Garner and all female class

members who were subjected to Defendant's patterns and practices of discrimination by

providing appropriate back pay with prejudgment interest, in amounts to be determined at trial,

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

practices, including but not limited to, placement in a position.

D. Order Defendant Employer to make whole Theresa L. Garner and all female class

members who were subjected to Defendant's patterns and practices of discrimination by

providing compensation for past and future pecuniary losses resulting from the unlawful

employment practices described above, including relocation expenses, job search expenses, and

medical expenses, in amounts to be determined at trial.

E. Order Defendant Employer to make whole Theresa L. Garner and all female class

members who \\-ere subjected to Defendant's patterns and practices of discrimination by

providing compensation for past and future non pecuniary losses resulting from the unlawful

practices complained of above, including emotional pain, suffering, embarrassment,

inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.

F. Order Defendant Employer to pay Theresa L. Garner and all female class

members who were subjected to Defendant's patterns and practices of discrimination punitive

damages for its malicious and/or reckless conduct, in an amount to be determined at trial.

G. Order Defendant Employer to pay Theresa L. Garner all the rehefto which she is

entitled for Defendant's illegal acts of retaliation.

H.. Grant such further relief as the Court deems necessary and proper.

1.

Award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its Complaint.

C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
j:~~~L~~
~C( bGk-
TERRY BECK

ASH, JR. rial Attorney

~6~~n- AR#8"1

(]

PAMELA B. DIXON Trial Attorney AR # 95085

EQUAL EMPLOYNlENT OPPORTUNITY COMMISSION
Little Rock Area Office 425 W. Capitol, Suite 625 Little Rock, Arkansas 72201 Telephone: (501) 324-5065

 
 IN THE UNITED STATES DISTRICT COURT EASTERt'l DISTRICT OF ARKANSAS WESTERN DIVISION

u.s~URl~J;~
EASTERN DISiRlCT Ml~~1

MAR 012001

8 JAyM; ~O~R~JC >1l~l

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~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

VS.

LR-C-99-736

AUTOZONE, INC.

DEFENDANT

ORDER
The Equal Employment Opportunity Commission ("EEOC") is the plaintiff in this Title VII employment discrimination lawsuit. In its complaint, the EEOC alleges that defendant Autozone, Inc. ("Autozone"), discriminated against an employee on the basis of her sex by failing to promote her. It also claims that Autozone retaliated against the employee after she filed her EEOC charge. The defendant has moved for summary judgment, and the EEOC has responded.
Summary judgment is appropriate in this case only if the record, viewed in a light most favorable to the EEOC, demonstrates that there is no genuine issue ofmaterial fact, so that the dispute should be decided as a matter oflaw. Fed.R.Civ.P. 56(c); Celotex Corp. V Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986).
The inquiry performed is the threshold inquiry of determining whether there is a need for trial--whether, in other words, there are genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.

Anderson, 477 U.S. at 250.
The burdens of the respective parties are, by now, settled law:
[T]he burden on the party moving for summary judgment is only to demonstrate, Le., '[to] point[] outto the District Court,' that the record does not disclose a genuine dispute on a material fact. It is enough for the movant to bring up the fact that the record does not contain such an issue and to identifY that part of the record which bears out his assertion. Once this is done, his burden is discharged, and, if the record in fact bears out the claim that no genuine dispute exists on any material fact, it is then the respondent's burden to set forth affirmative evidence, specific facts, showing that there is a genuine dispute on that issue. If the respondent fails to carry that burden, summary judgment should be granted.
Counts v. MK.-Ferguson Co., 862 F.2d 1338, 1339 (8th Cir. 1988), (quoting City ofMt.
Pleasant v. AssociatedElec. Coop., 838 F.2d 268, 273-74 (8th Cir. 1988) (citations omitted)
(brackets in original».
This is not a case where summary judgment is appropriate. There are genuine issues
regarding virtually every material fact. The EEOC has set out a prima facie case of sex
discrimination. The defendant has offered non-discriminatory reasons why a male employee
with less tenure with Autozone was promoted over the female employee. The EEOC has
evidence from which a jury could find that Autozone's proffered reason is pretextual. These
are matters for a jury to decide, and it would be inappropriate for the Court to weigh the
credibility of various witnesses.
The retaliation claim is not as strong as the sex discrimination claim, but there is
enough evidence in the record to preclude the granting ofsummary judgment. Accordingly,
2

I

I

I

I

I the defendant's motion for summary judgment is denied, and the case will prOCi I

as scheduled.

I

DATED this 1" day of March, 2001.

I

--~~~~~'-',-~. ~/' ES DISTRICT Jill

bm UNITED STATES DISTRICT COURT Eastern District of Arkansas
U.S. Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
March 2, 2001
* * MAILING CERTIFICATE OF CLERK * *
Re: 4:99-cv-00736.
True and correct copies of the attached were mailed by the clerk to the following:
William A. Cash Jr., Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201
Pamela B. Dixon, Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201
Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Holly Hambrick Isaac, Esq. James & Carter, PLC Superior Federal Building 500 Broadway, Suite 400 Post Office Box 907 Little Rock, AR 72203-0907
Daniel R. Carter, Esq. James & Carter, PLC Superior Federal Building 500 Broadway, Suite 400

Post Office Box 907 Little Rock, AR 72203-0907

Tracy K. Hidalgo, Esq. Frilot, Partridge, Kohnke & Clements, Energy Centre 1100 Poydras Street
Suite 3600 New Orleans, LA 70163-3600

L.C.

Walter W. Christy, Esq. Frilot, Partridge, Kohnke & Clements, Energy Centre
1100 Poydras Street
Suite 3600 New Orleans, LA 70163-3600

L.C.

Ellen Shirer Kovach, Esq. Frilot, Partridge, Kohnke & Clements, Energy Centre
1100 Poydras Street
Suite 3600 New Orleans, LA 70163-3600

L.C.

press

James W. McCormack, Clerk

Date:

BY:

 
 UNITED STATES DISTRICT COURT

u.t,f~~J?, EA STERN

DISTRICT

AR~~~

FOR THE EASTERN DISTRICT OF ARKANSAS

MAF/ 0

SAS

WESTERN DIVISION

9 ZOOI

BJYA:~~LERK

EQUAL EMPLOYMENT OPPORTUNITY )

.~

COMMISSION,

)

)

Plaintiff,

)

)

13~

v.

) CIVIL ACTION NO.: 4:99-CV:;7O! HW

)

AUTOZONE, INC.

)

)

Defendant.

)

)

CONSENT DECREE The Equal Employment Opportunity Commission (hereinafter referred to as the "EEOC") initiated the above-referenced Cause on September 28, 1999, against AutoZone, Inc. (the "Defendant") to enforce the provisions ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seg. ("Title VII"), and the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The EEOC alleged that the Defendant engaged in unlawful employment practices by failing to promote Theresa Gamer and other female employees and female applicants. The lawsuit alleged that AutoZone, Inc. has a pattern and practice of failing to promote female employees into upper management positions in its Arkansas stores because oftheir sex and also has a pattern and practice of excluding females from its management recruiting program in Arkansas stores because of their sex. Additionally, this action sought redress for AutoZone's alleged retaliation against Ms. Gamer subsequent to her filing a charge of discrimination.

In the event this proposed Consent Decree is not approved or does not become final, then it shall not be admissible in evidence in any subsequent proceeding in this action.
This Consent Decree does not constitute an admission by the Defendant of the allegations of the Complaint. In fact, the Defendant specifically denies the allegations contained in the Complaint, and asserts affirmatively that it has in all respects complied with the above-referenced laws as they apply to females in general and Ms. Gamer in particular. However, all parties to this action desire to avoid the additional expense and delay in the litigation of this case.
The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulations, the statements and representations of counsel for all parties, and hereby approves the Consent Decree.
NOW, THEREFORE, the Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION The United States District Court for the Western District ofArkansas, Western Division, has jurisdiction over the parties and subject matter of this litigation.
II. SCOPE AND DURAnON OF DECREE A. This Consent Decree resolves all issues and claims arising out of Plaintiff's Complaint in this cause arising out of Charge No. 251-97-1491 filed by Theresa Gamer with the EEOC. Notwithstanding any provisions contained in this Decree, this agreement shall not be considered in any manner to be dispositive of any charge now pending before any office of the EEOC other than Charge No. 251-97-1491. B. The provisions ofthis Consent Decree shall continue to be effective and binding upon
-2-

the parties to this action for a period of one year from the date of the entry of this decree except for Section VI.C (neutral reference), which wiII be in effect permanently.
III. NON-DISCRIMINATION PROVISION A. Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant agree that they wiII comply with the laws concerning, and wiII maintain and enforce Defendant's policies against employment practices which have the purpose or effect of discriminating against any employee because of their sex. B. Defendant has in place a training program for its supervisors, managers, and employees in its Arkansas retail stores covering the requirements of Title VII of the Civil Rights Act of 1964, as amended, regarding the prevention ofsexual discrimination and retaliation. Defendant agrecs to reemphasize such training for such managers, supervisors and employees.
IV. NON-RETALIATION PROVISION Defendant, its officers, agents, employees, and all persons acting in concert with Defendant agree that they will comply with the laws concerning, and will maintain and enforce Defendant's policy against, taking any retaliatory measure against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended, or for making a charge or complaint to the EEOC, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing under Title VII of the Civil Rights Act of I964, as amended.
-3-

V. NOTICE Defendant will continue to conspicuously post at all of its facilities the notice (poster) required to be posted pursuant to Title VII of the Civil Rights Act of 1964, as amended, as well as Defendant's notice attached as Appendix A.
VI. INDIVIDUAL RELIEF A. Defendant will expunge from Theresa Gamer's personnel records any unfavorable or adverse personnel comments regarding any aspect of her demotion and events leading up to her demotion with Defendant, including any reference to the charge of discrimination she filed or this litigation. B. Defendant shall deliver to Theresa Gamer a cashier's check made payable to "Theresa Gamer" in the amount of$1 0,000.00 at the following address within ten (10) days after entry of this Decree by the Court:
Theresa Gamer P.O. Box 283 Evening Shade, Arkansas 72532 C. Defendant agrees to follow its normal practice by providing a neutral reference to any potential employers ofMs. Gamer who request a job reference. No mention ofMs. Gamer's charge ofdiscrimination or this action will be made as part of the neutral reference. The reference will be of the form and content of Appendix B.
-4-

VII. COSTS

Each of the parties shall bear its own costs, including attorney's fees.

~rv-¢ .__ SO ORDERED THIS!J- DAY OF

,2001.

MIS OCx.:OMENT ENTERED ON DOCKET Sht:El '"

,:OMPLIANCE WITH RULE 58 AND/OR~

1N 3~LJ-- -Olav ?

, •

-5-

·--..... i: : ..

APPENDIX uA"

, Your Mother Was Right
Show People Respect. Be Polite. It Works.
Show Respect and Courtesy for Everyone at AutoZone.
Apply our 10th Commandment ofCustomer Satisfoction to everyone - including customers, visitors and AutoZoners. We strive for an atmospnere free from any
conduct that interferes with WOW! Customer Service, teamwork or an AutoZoner's job performance.

Remember That Harassment of Any Kind is Not Tolerated. AutoZone doesn't tolerate any type of offensive, intimidating or hostile behavior. This includes sexual harassment. AutoZone will correct any improper situation discreetly and professionally as soon as it is brought to our attention. If you believe you have been subjected to harassment or other inappropriaU! conduct, we encourage you to discuss it with your manager.
'.
Please Report Improper Conduct or Harassment to Management.
Most problems can be resolved between you and your manager. We expect
managers to be objective and constructive and to resolve problems promptly. U
you feel it is not appropriate to discuss an incident with your manager, or if ttw
matter wasn't resolved, request a meeting with the person to whom your manager reports.

Corrective action, which can include termination, will be taken against AutoZOfWt'I who arefound to have ~ga$ed in !w'assment or other inappropriate conduct. Corrective action Will also be taken against AutoZoners who attempt to interfer.
with the investigation or retaliate against a fellow AutoZoner for reporting
.an incident. -"

If you htrOe concerns about company policies and procedures, complaints aboti,

_

working conditions or a problem you don't

feel comfortable discussing with your superoisors, call the AutoZoner Relarun..

Hotline at:

1-800-510-1033

We Respect Your Right to Confidentiality.

<

•

APPENDIX "B"

Dear

This letter is in response to your inquiry regarding the

employment of

while employed at AutoZone, Inc ..

Ms. _ _ _ _ worked for AutoZone, Inc. from __________

through

Company policy does not permit us to

qive out any more information concerning Ms. ____ 's

employment.

I am sure Ms.

can provide you with the details concerning

her tenure with AutoZone, Inc. I hope this information is helpful

and that it satisfactorily answers your inquiry.

very truly yours,

AutoZone, Inc.

bm UNITED STATES DISTRICT COURT Eastern District of Arkansas
U.s. Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
March 12, 2001
* * MAILING CERTIFICATE OF CLERK * *
Re: 4:99-cv-00736.
True and correct copies of the attached were mailed by the clerk to the following:
William A. Cash Jr., Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue suite 625 Little Rock, AR 72201
Pamela B. Dixon, Esq. Equal Employment Opportunity Commission 425 West Capitol Avenue Suite 625 Little Rock, AR 72201
Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Holly Hambrick Isaac, Esq. James & Carter, PLC Superior Federal Building 500 Broadway, Suite 400 Post Office Box 907 Little Rock, AR 72203-0907
Daniel R. Carter, Esq. James & Carter, PLC Superior Federal Building 500 Broadway, Suite 400

Post Office Box 907 Little Rock, AR 72203-0907

Tracy K. Hidalgo, Esq. Frilot, Partridge, Kohnke & Clements,
Energy Centre 1100 Poydras Street Suite 3600 New Orleans, LA 70163-3600

L.C.

Walter W. Christy, Esq. Frilot, Partridge, Kohnke & Clements,
Energy Centre 1100 Poydras Street Suite 3600 New Orleans, LA 70163-3600

L.C.

Ellen Shirer Kovach, Esq. Frilot, Partridge, Kohnke & Clements, L.C.
Energy Centre 1100 Poydras Street
Suite 3600 New Orleans, LA 70163-3600

press post

Date:

James W. McCormack, Clerk
£.< BY: 7

 
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DISC, HDY, TERMED
U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:99-cv-00736-HW

EEOC v. AutoZone Inc Assigned to: Judge Henry Woods Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/28/1999 Date Terminated: 03/09/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Katharine W. Kores Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0135 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pamela B. Dixon Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0138 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash, Jr. Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street

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V. Defendant AutoZone Inc
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Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel R. Carter James & Carter, PLC Post Office Box 907 Little Rock, AR 72203-0907 (501) 372-1414 Email: dcarter@jamescarterlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen Shirer Kovach Frilot Partridge, L.C. Energy Centre 1100 Poydras Street Suite 3600 New Orleans, LA 70163-3600 (504) 599-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Holly Elizabeth Dickson ACLU Of Arkansas, Inc 904 West Second Street Suite 1 Little Rock, AR 72201-5727 501-374-2842 Email: equalityatty@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tracy K. Hidalgo Frilot Partridge, L.C. Energy Centre 1100 Poydras Street Suite 3600 New Orleans, LA 70163-3600 (504) 599-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Walter W. Christy
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Frilot Partridge, L.C. Energy Centre 1100 Poydras Street Suite 3600 New Orleans, LA 70163-3600 (504) 599-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/1999 11/22/1999 11/22/1999
11/24/1999
12/07/1999 12/09/1999 12/22/1999 01/24/2000 03/22/2000 07/10/2000 09/15/2000
11/13/2000 01/19/2001 01/19/2001

#

Docket Text

1 COMPLAINT with jury demand; no summons issued (kjp) Modified on 09/29/1999 (Entered: 09/29/1999)
2 ANSWER by defendant (bsm) Modified on 12/06/2001 (Entered: 11/23/1999)
3 MOTION by local counsel for defendant for attorneys Walter W. Christy and Tracy Hidalgo to appear pro hac vice (bsm) Modified on 12/06/2001 (Entered: 11/23/1999)
4 ORDER by Judge Henry Woods granting motion for attorneys Walter W. Christy and Tracy Hidalgo to appear pro hac vice for deft Autozone, Inc. [3-1] (cc: all counsel) (bsm) (Entered: 11/26/1999)
5 MOTION for attorney Ellen S. Kovach to appear pro hac vice for deft (former empl) Modified on 12/06/2001 (Entered: 12/08/1999)
6 ORDER by Judge Henry Woods granting motion for attorney Ellen S. Kovach to appear pro hac vice for deft [5-1] (cc: all counsel) (bsm) (Entered: 12/09/1999)
7 FIRST REQUEST by pltf for Admissions of Fact (vjt) (Entered: 12/23/1999)
8 RESPONSE by defendant to pltf's first requests [7-1] for admissons of fact (bsm) Modified on 12/06/2001 (Entered: 01/26/2000)
9 NOTICE by plaintiff of taking deposition of Billy Rainwater and Dennis James on 4/5/00 at 8:30 a.m. (bsm) (Entered: 03/23/2000)
10 NOTICE by plaintiff of taking deposition of Ted Davis & Sherri Cook on 7/25/00 at l:00 p.m. and 3:00 p.m. (bsm) (Entered: 07/11/2000)
11 SCHEDULING ORDER by Judge Henry Woods; jury trial set for 9:30 a.m. on 3/12/01 in Little Rock, AR; discovery due 1/12/01; pretrial info sheet due 2/12/01 (cc: all counsel) (bsm) (Entered: 09/18/2000)
12 NOTICE by plaintiff of taking deposition of Walter W. Christy on 12/8/00 at 10:00 a.m. (bsm) (Entered: 11/15/2000)
13 MOTION by defendant for summary judgment (bsm) Modified on 12/06/2001 (Entered: 01/19/2001)
14 MEMORANDUM by defendant in support of motion for summary judgment [13-1] (bsm) Modified on 12/06/2001 (Entered: 01/19/2001)

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01/19/2001 01/19/2001 02/07/2001 02/07/2001 02/12/2001 02/12/2001 02/20/2001 02/26/2001 02/26/2001 03/01/2001
03/01/2001
03/02/2001
03/02/2001 03/09/2001

15 STATEMENT OF UNCONTESTED MATERIAL FACTS by defendant [13-1] (bsm) Modified on 12/06/2001 (Entered: 01/19/2001)
16 Documents submitted by defendant in support of deft's motion for summary judgment [13-1] (bsm) Modified on 12/06/2001 (Entered: 01/19/2001)
17 RESPONSE IN OPPOSITION by plaintiff to deft's motion for summary judgment [13-1] (bsm) (Entered: 02/08/2001)
18 RESPONSE by plaintiff to deft's Statement of Uncontested Material Facts [15-1] (bsm) (Entered: 02/08/2001)
19 PRETRIAL DISCLOSURE SHEET by defendant; estimated length of trial, four days (bsm) Modified on 12/06/2001 (Entered: 02/12/2001)
20 PRETRIAL DISCLOSURE SHEET by plaintiff; estimated length of trial, 3-4 days (bsm) (Entered: 02/12/2001)
21 MOTION by defendant to strike witness and incorporated brief in support (bsm) Modified on 12/06/2001 (Entered: 02/20/2001)
22 RESPONSE by plaintiff to deft's motion to strike witness [21-1] (bsm) (Entered: 02/26/2001)
23 BRIEF by plaintiff in support of response to deft's motion to strike witness [22-1] (bsm) (Entered: 02/26/2001)
24 ORDER by Judge Henry Woods denying deft's motion to strike witness; deft's alternative motion to depose Matthews is granted; pltf should make Mr. Matthews available for deposition in LR; motion to depose Margaret Dudash is denied and deft's motion to add witnesses is denied [21-1] (cc: all counsel) (bsm) (Entered: 03/02/2001)
25 ORDER by Judge Henry Woods denying deft's motion for summary judgment [13-1]; case will proceed to trial as scheduled (cc: all counsel) (bsm) (Entered: 03/02/2001)
26 MOTION by defendant in limine to exclude certain inadmissible evidence as listed in motion from the trial (bsm) Modified on 12/06/2001 (Entered: 03/05/2001)
27 MEMORANDUM by defendant in support of motion in limine [26-1] (bsm) Modified on 12/06/2001 (Entered: 03/05/2001)
28 CONSENT DECREE: by Judge Henry Woods this Consent Decree resolves all issues and claims arising out of pltf's complt in this cause arising out of Charge No. 251-97-1491 filed by Theresa Garner with the EEOC; provisions of this Decree shall continue to be effective and binding upon the parties for a period of one year from the date of the entry of this decree except for Section VI.C (neutral reference), which will be in effect permanently; defts and all persons acting with the deft agree that they will comply with the laws concerning, and will maintain and enforce deft's policies against employment practices which have the purpose or effect of discriminating against any employee because of their sex; defts agree to reemphasize their training program covering the requirements of Title VII of the Civil Rights Act of 1964, as amended, regarding the prevention of sexual

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CM/ECF - ARED - LIVE - Docket Report

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discrimination and retaliation; defts and all persons acting with deft agree that they will comply with the laws concerning and will maintain and enforce deft's policy against, taking any retaliatory measure against any employee for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended, or for making a charge or complt to the EEOC, testifying, or participating in any manner in any investigation, proceeding, or hearing under Title VII of the Civil Rights Act of 1964, as amended; deft will continue to post in its facilities the notice required to be posted pursuant to Title VII; deft will expunge from Theresa Garner's personnel records any unfavorable or adverse personnel comments regarding or leading up to her demotion with deft, including any reference to the charge of discrimination she filed or this litigation; deft shall deliver to Ms Garner a cashier's check in the amount of $10,000.00 within ten days after entry of this Decree; deft agrees to provide a neutral reference to any potential employers of Ms. Garner who request a job reference with no mention of Ms. Garner's charge of discrimination or this action will be made as part of the neutral reference; each party will bear its own costs, including atty's fees terminating case (cc: all counsel) (bsm) Modified on 03/14/2001 (Entered: 03/12/2001)

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