A. LUIS LUCERO, JR., REGIONAL ATTORNEY KATHRYN OLSON, ACTING REGIONAL ATTORNEY DAMIEN LEE. SENIOR TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104 Damien.Lee@EEOC.gov Tel: (206) 220-6915 Fax: (206) 220-6911
ATTORNEYS FOR PLAINTIFF

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

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

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CASE NO. CIV05-376-C-EJL

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COMPLAINT

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NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and retaliation

COMPLAINT – Page 1 of 5

EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

and to provide appropriate relief to Travis Woods. The Equal Employment Opportunity Commission alleges that defendant subjected Mr. Wood to harassment based on his race (African American) and then retaliated against him for complaining about racial harassment, ultimately terminating him. Plaintiff seeks monetary relief, including nonpecuniary compensatory and punitive damages, and injunctive relief, on behalf of Mr. Woods.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Idaho.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) of Title VII, 42 U.S.C. §2000e-5(f)(1). 4. At all relevant times, defendant Wal-Mart Stores, Inc. has been a corporation continuously doing business in the State of Idaho and has continuously had at least 15 employees.

COMPLAINT – Page 2 of 5

EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

5. At all relevant times, defendant Wal-Mart Stores, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mr. Woods filed a charge with the Commission alleging violations of Title VII by Wal-Mart Stores, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From at least January 1, 2001 until at least March 2003, defendant engaged in unlawful employment practices at its Lewiston, Idaho store in violation of §§ 703(a) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a) and -3(a). Defendant engaged in these unlawful practices through the following actions: (1) by subjecting Mr. Woods to racial harassment; (2) by discriminating against Mr. Woods based on his race; (3) by retaliating against Mr. Woods for his complaints to company officials about racial harassment; and (4) by discriminating and retaliating against Mr. Woods by terminating him in March 2003. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Mr. Woods of equal employment opportunities and otherwise adversely affect his status as an employee. 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 Mr. Woods.

COMPLAINT – Page 3 of 5

EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendant, its officers, successors, agents, assigns, and all persons in active concert or participation with it, from engaging in any retaliatory employment practices. B. Order defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order defendant to make whole Mr. Woods by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be determined at trial. D. Order defendant to make whole Mr. Woods by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in amounts to be determined at trial. E. Order defendant to pay Mr. Woods punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial. F. Grant such further relief as the Court deems necessary and proper in the public interest.

COMPLAINT – Page 4 of 5

EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

G. 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. DATED this 15th day of September, 2005.

A. LUIS LUCERO, JR. Regional Attorney
KATHRYN OLSON Acting Regional Attorney
DAMIEN A. LEE Senior Trial Attorney

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

BY: _/s/ A. Luis Lucero, Jr.____________

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104 Damien.Lee@EEOC.gov Telephone (206) 220-6915

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of the General Counsel 1801 "L" Street, N.W. Washington, D.C. 20507

Attorneys for Plaintiff

COMPLAINT – Page 5 of 5

EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

 </s> UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.

No. CIV 05-376-C-RJB (EJL)
SETTLEMENT AGREEMENT AND ORDER OF DISMISSAL

WAL-MART STORES, INC.,

Defendant.

I. INTRODUCTION 1. This action originated with a discrimination charge filed by Travis Woods (“Mr. Woods”) with the U.S. Equal Employment Opportunity Commission (“EEOC”) and the Idaho Human Rights Commission (“IHRC”) on August 25, 2003. In his charge, Mr. Woods alleged, among other things, that Wal-Mart Stores, Inc. (“Wal-Mart”) subjected him to
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harassment based on his race (African American) at its Lewiston, Idaho store in violation of § 703 of Title VII, 42 U.S.C. § 000e-2(a) (“Title VII”), and retaliated against him for complaining of the ongoing harassment in violation of § 704 of Title VII, 42 U.S.C. § 2000e-3.
2. The EEOC sent Wal-Mart a Letter of Determination dated April 19, 2005, that contained a finding of reasonable cause that Wal-Mart violated Title VII as to Mr. Wood’s harassment and termination allegations based on his race and retaliation, and a finding of no reasonable cause that Wal-Mart had violated Title VII with respect to the remaining allegations in his discrimination charge.
3. The EEOC filed this lawsuit on September 15, 2005, in the United States District Court for the District of Idaho on behalf of Mr. Woods, alleging that from approximately January 1, 2001, until March 2003, Wal-Mart had subjected Mr. Woods to harassment based on his race, discriminated against him based on his race, retaliated against Mr. Woods for complaining about the harassment, and discriminated and retaliated against him when he was terminated in March 2003. Wal-Mart denied each of these allegations and asserted that it took prompt corrective action with regard to any alleged harassment of Mr. Woods and terminated him for violating Wal-Mart’s attendance and no-call/no-show policies, not because of his race.
4. The parties want to conclude fully and finally all claims arising out of the EEOC’s complaint, and the charge of discrimination filed with the EEOC by Mr. Woods. They enter into this Settlement Agreement and Order of Dismissal (referred to hereafter as “Agreement” or “Settlement Agreement”) to further the objectives of equal employment as set forth in Title VII.
II. NONADMISSION OF LIABILITY AND NONDETERMINATION BY THE COURT
5. This Settlement Agreement is not an adjudication or finding on the merits of this case and shall not be construed as an admission by Wal-Mart of a violation of Title VII. SETTLEMENT AGREEMENT AND ORDER OF DISMISSAL - 2
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III. JURISDICTION AND VENUE 6. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. The employment practice alleged to be unlawful in the EEOC’s complaint filed herein occurred within the jurisdiction of the United States District Court for the District of Idaho.
IV. SETTLEMENT SCOPE 7. This Settlement Agreement is the final and complete resolution of all Title VII allegations of unlawful employment practices contained in the complaint filed on behalf of Mr. Woods, including all claims by the parties for attorney fees and costs. The scope of this Settlement Agreement will be limited to Wal-Mart’s Lewiston, Idaho facility, Store #2006, (hereafter referred to in this Agreement as “Wal-Mart”). This Settlement Agreement resolves all issues and claims arising out of or related to this complaint, and is binding and final as to all such issues and claims.
V. MONETARY RELIEF 8. In settlement of this lawsuit, Wal-Mart agrees to pay Mr. Woods the gross settlement amount of $125,000. Of that sum, 20%, or $25,000, will be considered “back pay” from which all mandatory deductions shall be withheld, and 80%, or $100,000 will be considered “general damages” to compensate Mr. Woods for his alleged emotional and psychic harm, payment of which is to be provided directly to Mr. Woods within fourteen (14) days of the execution and filing of this Settlement Agreement and Order of Dismissal, with copies to the EEOC.
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VI. AFFIRMATIVE AND OTHER RELIEF A. General Provisions 9. Wal-Mart’s salaried managers at its Lewiston, Idaho facility, Store #2006, will refrain from engaging in practices that constitute harassment based on an associate’s race, or that constitute retaliation for an individual engaging in protected EEO activity. In recognition of its obligations under Title VII, Wal-Mart has instituted policies and practices, including Wal-Mart’s Policy Prohibiting Harassment/Inappropriate Conduct (PD-19), a copy of which has been provided to the EEOC. B. Anti-Discrimination Policies and Procedures 10. Wal-Mart will maintain policies designed to prevent racial harassment, race discrimination, and retaliation. Wal-Mart will provide training to its salaried managers to understand its Equal Employment Opportunity (“EEO”) policies and how those policies define and identify what constitutes racial harassment, race discrimination and retaliation, and will make its salaried managers personally accountable for following these policies, as set forth in Paragraph 15 below. 11. Within ninety (90) days of the effective date of this Agreement, Wal-Mart will: (a) provide to the EEOC copies of Wal-Mart’s policies in effect regarding EEO, anti-harassment, non-retaliation, and investigation of internal complaints, and (b) ensure that its Harassment/Inappropriate Conduct Policy has been communicated to all present and future associates, both management and non-management, at its Lewiston, Idaho facility, Store #2006. C. Training 12. Within six (6) months of the execution of this Agreement, Wal-Mart will present to all salaried managers, at its Lewiston, Idaho facility Store #2006, at least 1 (one) hour of
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training by a qualified trainer on racial harassment, race discrimination, and retaliation for engaging in protected EEO activity. Wal-Mart also agrees to provide at least one (1) hour of training on racial harassment, race discrimination and retaliation to the hourly associates at its Lewiston, Idaho store. The EEOC will have an opportunity to review the training materials prior to the training date.
Within one year thereafter, following this initial training, Wal-Mart will require: (1) all salaried managers at its Lewiston, Idaho facility Store #2006, to complete at least one (1) hour of training by a qualified trainer on racial harassment, race discrimination and retaliation; and (2) all hourly associates at its Lewiston, Idaho facility Store #2006, to complete at least one (1) hour of training on racial harassment, race discrimination and retaliation.
D. Expungement of Records 13. Wal-Mart will not disclose any information or make reference to any charge of discrimination that is the subject of the lawsuit or refer to this lawsuit in responding to employment reference requests for information about Mr. Woods. In responding to reference requests for information about Mr. Woods, Mr. Woods should direct prospective employers to The Work Number by calling – 1-800-660-3399, who will confirm Mr. Woods’ dates of employment and positions held. 14. Wal-Mart will confirm that the personnel file of Mr. Woods does not contain any reference to his discrimination charge against Wal-Mart or to this lawsuit. E. Policies Designed to Promote Salaried Manager Accountability 15. Wal-Mart will communicate to its salaried managers in the Lewiston, Idaho Store #2006 regarding their duty to ensure compliance with Wal-Mart’s EEO policies, and regarding their duty to address and report any incident or complaint of racial harassment, race
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discrimination, or retaliation, of which they become aware. If a salaried manager or supervisor violates Wal-Mart’s EEO policies, he/she may be subject to discipline, up to and including termination.
16. Wal-Mart will also communicate to its salaried managers in the Lewiston, Idaho Store #2006 that there will be no retaliation against any associate for reporting or relaying any incident of race discrimination or retaliation under Wal-Mart’s EEO policy, or for participating in or conducting an investigation of such an incident.
F. Reporting 17. Wal-Mart shall report in writing to the EEOC beginning six (6) months from the date of the entry of this Settlement Agreement, and thereafter every six months for the duration of the Settlement Agreement the following information: a. Certification of the completion of training and list of attendees set forth in Paragraph 12 above, and a list of all attendees including job titles. b. Certification that its EEO policy has been communicated to all current and newly hired associates as described in Paragraph 11 above. c. Confirmation that the personnel file of Mr. Woods does not contain any reference to his discrimination charge against Wal-Mart or to this lawsuit, as described in paragraph 14 above. d. A summary of all racial harassment, race discrimination and retaliation complaints, if any, filed by associates working at Wal-Mart’s Lewiston, Idaho Store #2006 that were reported to Wal-Mart’s salaried managers, pursuant to Wal-Mart Policies PD-19 or PD-57, and the resolution of each complaint; and
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e. A statement certifying that Wal-Mart has complied with the terms of this Settlement Agreement.
G. Posting 18. Wal-Mart will post a Notice, attached as Exhibit 1 to this Settlement Agreement. The Notice shall be posted on a centrally located bulletin board at Wal-Mart’s Lewiston, Idaho Store #2006 for the duration of this Settlement Agreement.
VII. ENFORCEMENT 19. If the EEOC determines that Wal-Mart has not complied with the terms of this Settlement Agreement, the EEOC will provide written notification of the alleged breach to Wal-Mart. The EEOC will not petition for enforcement of this Settlement Agreement, as set forth in Paragraph 20 below, for at least thirty (30) days after providing written notification of the alleged breach. The 30-day period following the written notice shall be used by the parties for good faith efforts to resolve the dispute, or for Wal-Mart to cure the breach. In those cases where it would take longer than thirty (30) days to cure the breach, Wal-Mart may have such additional time as may be necessary by agreement with the EEOC so long as Wal-Mart takes all reasonable efforts to cure the breach within the thirty (30) day period. 20. Should Wal-Mart and the EEOC not be able to resolve any alleged breach of this Settlement Agreement, the parties agree that the dispute will be referred to Judge Rosselle Pekelis (retired), Judicial Dispute Resolution, who will be empowered with the full range of judicial remedies to enforce this Settlement Agreement, including ordering the payment of fees and costs, and extending the duration of this Settlement Agreement.
VIII. DURATION AND TERMINATION 21. This Settlement Agreement shall be in effect for two (2) years from the date this
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Settlement Agreement is filed with the Court.

Dated this 2nd day of February, 2007.

WILLIAM TAMAYO Regional Attorney San Francisco District 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260
KATHRYN OLSON Supervisory Trial Attorney
DAMIEN A. LEE Senior Trial Attorney TERI HEALY Senior Trial Attorney Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104 Ph. (206) 220-6915 Fax (206) 220-6911 Kathryn.Olson@EEOC.gov Damien.Lee@EEOC.gov Teri.Healy@EEOC.gov
Attorneys for Plaintiff EEOC
BY: /s/ William Tamayo (per 2/2/07 email authorization)

MICHAEL REISS, Admitted Pro Hac Vice MICHAEL J. KILLEEN, Admitted Pro Hac Vice SHEEHAN SULLIVAN WEISS, Admitted Pro
Hac Vice Davis Wright Tremaine, LLP 2600 Century Square, 1501 Fourth Ave. Seattle, WA 98101-1688 Ph. (206) 622-3150 Fax (206) 628-7699 reism@dwt.com killm@dwt.com sulls@dwt.com
Attorneys for Defendant Wal-Mart
/s/ Michael J. Killeen
Chas F. McDevitt, ISB#835 McDevitt & Miller 420 West Bannock Street P.O. Box 2564-83701 Boise, ID 83702 Ph. (208) 343-7500 Fax (208) 336-6912 chas@mcdevitt-miller.com Local Counsel for Defendant
BY: /s/ Chas F. McDevitt

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ORDER APPROVING SETTLEMENT AGREEMENT The Court having considered the foregoing Settlement Agreement, IT IS HEREBY ORDERED THAT the foregoing Settlement Agreement be, and the same hereby is, approved as the final Order of this Court in full settlement of this action. Subject to the provisions in Paragraphs 19 and 20, this lawsuit is hereby dismissed with prejudice and without costs or attorneys’ fees to any party. DATED this 5th day of February, 2007.
A
Robert J. Bryan United States District Judge
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WAL-MART STORES, INC. NOTICE TO ALL WAL-MART STORES, INC. ASSOCIATES
This notice is posted pursuant to a Settlement Agreement reached between the EEOC and Wal-Mart Stores, Inc. in CV 05-376-C RJB (EJL).
Federal law prohibits an employer from discriminating against any individual based on the individual’s race or retaliation with respect to hiring, promotion, demotion, terms and conditions of employment, and/or termination. Federal law also prohibits an employer from allowing any associate to be harassed based on his race. It is also unlawful for an employer to retaliate against any individual because he or she complains of discrimination or harassment, cooperates with the investigation of a discrimination or harassment charge by Wal-Mart Store, Inc. or a government agency, participates as a witness or potential witness in any investigation or legal proceeding, or otherwise exercises his or her rights under the law.
Any associate who is found to have retaliated against any other associate because such associate participated in this lawsuit will be subject to substantial discipline, up to and including immediate discharge.
Should you have any complaints of discrimination, you should contact your supervisor, any upper level management individual or Human Resources.
Associates have the right to bring complaints of discrimination, sexual harassment and/or retaliation to the U.S. Equal Employment Opportunity Commission, Seattle Field Office at 909 1st Avenue, Suite 400, Seattle, WA 98104-1061, 206/220-6883, 1-800-699-4000, and/or the Idaho Human Rights Commission at, P.O. Box 83720, Owyhee Plaza, Fourth Fl., 1109 Main St., Ste. 400, Boise, ID 83720-0040, 208/334-2873. Any Wal-Mart, Inc. associate or applicant may also contact Wal-Mart at 1-800-963-8442.
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 </s> District of Idaho Live CM/ECF - Docket Report

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?944355286187351-L_35...

CLOSED, LCKB, NDPLMB
U.S. District Court District of Idaho (LIVE Database)Version 3.0.4 (Moscow) CIVIL DOCKET FOR CASE #: 3:05-cv-00376-RJB-LMB

Equal Employment Opportunity Commission v. Wal-Mart Stores, Inc. Assigned to: Honorable Robert J. Bryan Referred to: Honorable Larry M. Boyle Cause: 28:451 Employment Discrimination

Date Filed: 09/15/2005 Date Terminated: 02/05/2007 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A Luis Lucero, Jr EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6915 Fax: (206) 220-6915 Email: luis.lucero@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Damien A Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6915 Fax: (206) 220-6915 Email: damien.lee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathryn Olson EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6895 Fax: (206) 220-6911 Email: kathryn.olson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teri L Healy Equal Employment Opportunity Commission

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909 1st Avenue Ste 400 Seattle, WA 98104 (206) 220-6916 Fax: (206) 220-6911 Email: teri.healy@eeoc.gov ATTORNEY TO BE NOTICED
represented by Charles F McDevitt MCDEVITT & MILLER PO Box 2564 Boise, ID 83702 (208) 343-7500 Fax: 1-208-336-6912 Email: chas@mcdevitt-miller.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J Killeen DAVIS WRIGHT TREMAINE, LLP 2600 Century Square 1501 4th Ave Seattle, WA 98101 (206) 622-3150 Email: mikekilleen@dwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Reiss DAVIS WRIGHT TREMAINE, LLP 2600 Century Square 1501 4th Ave Seattle, WA 98101 (206) 622-3150 Email: mikereiss@dwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sheehan Sullivan Weiss DAVIS WRIGHT TREMAINE, LLP 2600 Century Square 1501 4th Ave Seattle, WA 98101 (206) 622-3150 Email: sheehansullivanweiss@dwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Date Filed 09/15/2005 09/16/2005
09/21/2005 10/06/2005 10/21/2005 10/21/2005 10/24/2005 10/24/2005
10/27/2005
11/01/2005
11/01/2005
11/01/2005

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Docket Text

1 COMPLAINT against Wal-Mart Stores, Inc. Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Cover Sheet)(dkh, ) (Entered: 09/16/2005)
2 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Equal Employment Opportunity Commission re 1 Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, )
Summons Reissued as to Equal Employment Opportunity Commission. (dkh, )
3 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Wal-Mart Stores, Inc. served on 9/30/2005, answer due 10/20/2005. (dkh, ) (Entered: 10/07/2005)
4 NOTICE of Appearance by Charles F McDevitt on behalf of Wal-Mart Stores, Inc. (dkh, )
5 STIPULATION for extension of time for filing answer re 1 Complaint by Wal-Mart Stores, Inc.. (dkh, )
6 NOTICE of Appearance by Damien A Lee on behalf of Equal Employment Opportunity Commission (Lee, Damien)
7 ORDER granting an extension of time for filing answer. re 5 Stipulation. Wal-Mart Stores, Inc. shall file and serve its Answer by 11/21/05. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )
8 LITIGATION ORDER Parties to file the litigation plan form by 11/30/2005. Telephonic Scheduling Conference set for 12/14/2005 09:30 AM before Honorable Edward J. Lodge.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
9 APPLICATION and approval of Clerk for admission pro hac vice, Attorney Michael Reiss for Wal-Mart Stores, Inc. added. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, ) (Entered: 11/02/2005)
10 APPLICATION and approval of Clerk for admission pro hac vice, Attorney Sheehan Sullivan Weiss for Wal-Mart Stores, Inc. added. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, ) (Entered: 11/02/2005)
11 APPLICATION and approval of Clerk for admission pro hac vice, Attorney Michael J Killeen for Wal-Mart Stores, Inc. added. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, ) (Entered: 11/02/2005)

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11/21/2005 11/21/2005 11/23/2005
11/25/2005 11/25/2005 11/30/2005
12/05/2005 02/17/2006 02/17/2006 02/17/2006
04/19/2006
04/24/2006
05/31/2006 06/02/2006

12 Defendant's Answer to Plaintiff's Complaint ANSWER to Complaint with Jury Demand by Wal-Mart Stores, Inc..(Sullivan Weiss, Sheehan)
13 CERTIFICATE OF SERVICE by Wal-Mart Stores, Inc. re 12 Answer to Complaint Amended Certificate of Service (Sullivan Weiss, Sheehan)
14 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Wal-Mart Stores, Inc. re 12 Answer to Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, )
15 STIPULATION re 1 Complaint Withdrawal of Jury Demand by Equal Employment Opportunity Commission. (Lee, Damien)
16 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Equal Employment Opportunity Commission. (Lee, Damien)
17 SCHEDULING ORDER REFERRING CASE to Magistrate Judge Larry M. Boyle for all non-dispositive pretrial matters; ADR Plan to be filed by 5/31/2006. Amended Pleadings due by 5/13/2006. Discovery due by 8/14/2006. Motions due by 9/11/2006. Bench Trial set for 2/13/2007 09:30 AM in Coeur d Alene, ID before Honorable Edward J. Lodge.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
18 STIPULATION re 1 Complaint (Corrected) by Equal Employment Opportunity Commission. (Lee, Damien)
19 STIPULATION re Proposed Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Lee, Damien)
20 DOCKET ENTRY ORDER approving the parties' Stipulated Withdrawal of Jury Demand [Dkt 18]. Signed by Judge Larry M. Boyle. (Ball, Kate)
21 ORDER Granting Stipulated Protective Order re 19 Stipulation filed by Equal Employment Opportunity Commission, . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, ) (Entered: 02/21/2006)
22 STIPULATION to Extend the Time for Disclosure of Expert Witnesses in the Scheduling Order by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Regarding Stipulation to Extend the Time to Disclose Expert Witnesses)(Lee, Damien)
23 ORDER Regarding Stipulation to Extend Time, Granting re 22 Stipulation, filed by Equal Employment Opportunity Commission, . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )
24 NOTICE by Wal-Mart Stores, Inc. Joint Written Statement Regarding Settlement Efforts (Killeen, Michael)
25 STIPULATION to Extend Expert Witness Disclosures by Equal Employment Opportunity Commission. (Attachments: # 1)(Lee, Damien)

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06/06/2006 07/07/2006 07/07/2006 07/10/2006
07/10/2006 07/25/2006
07/28/2006 08/04/2006 08/10/2006

26 ORDER granting 25 Second Stipulation to extend the time to disclose expert witnesses filed by Equal Employment Opportunity Commission, . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )
27 First MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. Responses due by 7/31/2006 (Attachments: # 1 Memorandum in Support # 2 Affidavit # 3 Exhibit A to Decl.# 4 Exhibit B to Decl.# 5 Exhibit C to Decl.# 6 Exhibit D to Decl.# 7 Exhibit E to Decl.# 8 Exhibit F to Decl.# 9 Exhibit G to Decl.# 10 Exhibit H to Decl.# 11 Exhibit I to Decl.# 12 Exhibit J to Decl.)(Lee, Damien)
28 MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. Responses due by 7/31/2006 (Attachments: # 1 Exhibit L to Decl.# 2 Exhibit M to Decl.# 3 Exhibit N to Decl.# 4 Proposed Order re Plaintiff EEOC's Motion to Extend Discovery and Pretrial Deadlines and to Shorten Time)(Lee, Damien)
CORRECTIVE ENTRY - The entry docket number 28MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission, was filed incorrectly in this case. This is not a motion and should be filed as a "Supplement" using the event under other documents, linking to the motion dkt #27. Also, the proposed order needs to be emailed to the appropriate Judge's e-mail box. The clerk has termed the motion dkt #28. The filing party shall re-submit their correct filing. (jg, )
29 SUPPLEMENT by Plaintiff Equal Employment Opportunity Commission re 27 First MOTION for Extension of Time to Complete Discovery. (Attachments: # 1 Exhibit K to Decl# 2 Exhibit L to Decl# 3 Exhibit M to Decl# 4 Exhibit N to Decl)(Lee, Damien)
30 DOCKET ENTRY ORDER granting Plaintiff EEOC's request to shorten the time for responding to its Motion to Extend Discovery and Pretrial Deadlines (Docket No. 27). Good cause exists to shorten the response time because the deadline for which Plaintiff has requested an extension is just a few weeks away. Accordingly, Defendant's response memorandum is due on or before July 28, 2006, and Plaintiff's reply memorandum is due on or before August 4, 2006. Signed by Judge Larry M. Boyle. (Ball, Kate)
31 RESPONSE to Motion re 27 First MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Response to Plaintiff EEOC's Motion to Extend Discovery and Pretrial Deadlines filed by Wal-Mart Stores, Inc.. Replies due by 8/4/2006. (Killeen, Michael)
32 REPLY to Response to Motion re 27 First MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission. (Lee, Damien)
33 ORDER granting re 27 First MOTION for Extension of Time to Complete Discovery filed by Equal Employment Opportunity Commission, Discovery due by 9/14/2006. Motions due by 9/25/2006.. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )

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09/05/2006 09/05/2006 09/05/2006 09/05/2006 09/06/2006 09/07/2006 09/07/2006 09/13/2006
09/15/2006 09/22/2006 01/12/2007

34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery by Wal-Mart Stores, Inc.. Responses due by 9/29/2006 (Killeen, Michael)
35 MEMORANDUM/BRIEF re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery filed by Wal-Mart Stores, Inc.. (Killeen, Michael)
36 DECLARATION of Michael J. Killeen re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery filed by Wal-Mart Stores, Inc.. (Killeen, Michael)
37 MOTION for Hearing re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery Motion to Shorten Time to Hear Wal-Mart's Motion to Extend Deadline for Expert Discovery by Wal-Mart Stores, Inc.. Responses due by 9/29/2006 (Killeen, Michael)
38 DECLARATION of Michael J. Killeen re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery filed by Wal-Mart Stores, Inc. Supplemental Declaration of Michael J. Killeen in Support of Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery. (Killeen, Michael)
39 ORDER granting in part 37 Motion to extend deadline for expert discovery; and denying in party request for hearing on motion to extend time for expert discovery. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )).
40 NOTICE of Appearance by Teri L Healy on behalf of Equal Employment Opportunity Commission (Healy, Teri)
41 RESPONSE to Motion re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery filed by Equal Employment Opportunity Commission. Replies due by 9/15/2006. (Attachments: # 1 Affidavit of Damien A. Lee in Response to Defendant Wal-Mart's Motion to Extend Expert Discovery# 2 Exhibit A to Affidavit of Damien A. Lee in Response to Defendant Wal-Mart's Motion to Extend Expert Discovery)(Lee, Damien)
42 REPLY to Response to Motion re 34 MOTION for Extension of Time to Complete Discovery Defendant Wal-Mart's Motion to Extend Deadline for Expert Discovery Defendant Wal-Mart's Reply in Support of Motion to Extend Deadline for Expert Discovery filed by Wal-Mart Stores, Inc.. (Killeen, Michael)
43 ORDER granting 34 Motion for Extension of Time to Complete Discovery The deadline for completion of expert discovery is extended to 10/20/06, Dispositive motions shall be filed on or before 11/6/06.. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )
44 MOTION to excuse attendance of local counsel at trial by Wal-Mart Stores, Inc.. Responses due by 2/5/2007 (jg, )

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01/12/2007 01/12/2007 01/12/2007 01/12/2007 01/12/2007 01/12/2007 01/12/2007 01/12/2007
01/12/2007

45 MOTION in Limine Defendant Wal-Mart's Motions in Limine by Wal-Mart Stores, Inc.. Responses due by 2/5/2007 (Attachments: # 1 Proposed Order Granting Wal-Mart's Motions in Limine)(Killeen, Michael)
46 DECLARATION of Michael J. Killeen in Support of Defendant Wal-Mart's Motions in Limine filed by Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit Exhibits A-D to Killeen Declaration# 2 Exhibit Exhibits E-I to Killeen Declaration)(Killeen, Michael)
47 MOTION in Limine re Past Litigation and Prior Arrests and Convictions by Equal Employment Opportunity Commission. Responses due by 2/5/2007 (Attachments: # 1 Memorandum in Support # 2 Exhibit Proposed Order)(Healy, Teri)
48 Exhibit List by Equal Employment Opportunity Commission.. (Attachments: # 1 Proposed Exhibit Form# 2 Designated Deposition Transcript (C. Booher, contingently designated)# 3 Designated Deposition Transcript (K. Harrison))(Lee, Damien)
49 MOTION in Limine TO SEEK ADMISSION OF PHOTOGRAPHIC EVIDENCE by Equal Employment Opportunity Commission. Responses due by 2/5/2007 (Attachments: # 1 Memorandum in Support Memorandum in Support# 2 Exhibit Proposed Order)(Healy, Teri)
50 DECLARATION of Damien A. Lee re 49 MOTION in Limine TO SEEK ADMISSION OF PHOTOGRAPHIC EVIDENCE filed by Equal Employment Opportunity Commission. (Healy, Teri)
51 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY AND REPORT OF DEFENDANTS EXPERT WITNESS NANCY COLLINS by Equal Employment Opportunity Commission. Responses due by 2/5/2007 (Attachments: # 1 Memorandum in Support # 2 Appendix Proposed Order)(Healy, Teri)
52 DECLARATION of Travis Woods re 49 MOTION in Limine TO SEEK ADMISSION OF PHOTOGRAPHIC EVIDENCE, 51 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY AND REPORT OF DEFENDANTS EXPERT WITNESS NANCY COLLINS filed by Equal Employment Opportunity Commission. (Attachments: # (1) Attach A - Picture 1# (2) Attach A Pic 2# (3) Attach A - Pic 3# (4) Attach A - Pic 5# (5) Attach A - Pic 6# (6) Attach A - Pic 8# (7) Attach A - Pic 9# (8) Attach A - Pic 10# (9) Attach A - Pic 11# (10) Attach A - Pic 13# (11) Attach A - Pic 14# (12) Attach B)(Lee, Damien) Declaration of Travis Woods to be refiled, see doc #57. Modified to seal on 1/23/2007 (wm, ).
53 DECLARATION of Teri Healy re 51 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY AND REPORT OF DEFENDANTS EXPERT WITNESS NANCY COLLINS filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A EEO1 Report# 2 Exhibit B LOD# 3 Exhibit C Complaint# 4 Exhibit D Collins Deposition Excerpts# 5 Exhibit E Collins Report# 6 Exhibit F Curriculum Vitae# 7 Exhibit G EEOC's Interrogatory Response)(Healy, Teri)

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01/16/2007 01/17/2007 01/17/2007 01/18/2007 01/23/2007
01/25/2007 01/25/2007 01/25/2007 01/26/2007 01/26/2007 01/26/2007
01/29/2007 01/29/2007

54 ORDER EXCUSING LOCAL COUNSEL granting 44 Motion to be excused from attendance at the trial. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )
55 Exhibit List Exhibit List Part 1 by Wal-Mart Stores, Inc... (Killeen, Michael)
56 Exhibit List WM Exhibit List Part 2 by Wal-Mart Stores, Inc... (Killeen, Michael)
57 DECLARATION of Travis Woods re [52] Declaration,, filed by Equal Employment Opportunity Commission. (Lee, Damien)
58 DESIGNATION of District Judge for service in another district within the Ninth Circuit. Case reassigned to Judge Robert J. Bryan for all further proceedings. Judge Edward J. Lodge no longer assigned to case; Please note to use the new case number of CV 05-376-C-RJB on all future pleadings in this case. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, ) (Entered: 01/24/2007)
59 RESPONSE to Motion re 47 MOTION in Limine re Past Litigation and Prior Arrests and Convictions filed by Wal-Mart Stores, Inc.. Replies due by 2/8/2007. (Killeen, Michael)
60 RESPONSE to Motion re 49 MOTION in Limine TO SEEK ADMISSION OF PHOTOGRAPHIC EVIDENCE filed by Wal-Mart Stores, Inc.. Replies due by 2/8/2007. (Killeen, Michael)
61 RESPONSE to Motion re 51 MOTION in Limine DAUBERT MOTION TO EXCLUDE TESTIMONY AND REPORT OF DEFENDANTS EXPERT WITNESS NANCY COLLINS filed by Wal-Mart Stores, Inc.. Replies due by 2/8/2007. (Killeen, Michael)
62 RESPONSE to Motion re 45 MOTION in Limine Defendant Wal-Mart's Motions in Limine filed by Equal Employment Opportunity Commission. Replies due by 2/9/2007. (Lee, Damien)
63 DECLARATION of Teri Healy re 62 Response to Motion filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Healy, Teri)
64 DECLARATION of Damien A Lee re 62 Response to Motion filed by Equal Employment Opportunity Commission. (Attachments: # 1 Attach. A to D Lee Decl.# 2 Attach. B to D Lee Decl.# 3 Attach. C to D Lee Decl.# 4 Attach. D to D Lee Decl.# 5 Attach. E to D Lee Decl.# 6 Attach. F to D Lee Decl.# 7 Attach. G to D Lee Decl.# 8 Attach. H to D Lee Decl.# 9 Attach. I to D Lee Decl.)(Lee, Damien)
Set/Reset Hearings: This is a court utility event only. Jury Trial set for 2/13/2007 09:00 AM in Coeur d Alene, ID before Honorable Robert J. Bryan. For 4 days. (mp, )
Set/Reset Hearings: This is a court utility event only. Correction the Jury Trial is Bench Trial set for 2/13/2007 09:30 AM in Coeur d Alene, ID before Honorable Robert J. Bryan. (mp, )

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02/05/2007

65 SETTLEMENT AGREEMENT AND ORDER OF DISMISSAL. Signed by Judge Robert J. Bryan on 2/5/07. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by Judge Robert Bryan and his JA, J Lemm.)

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[CONTENT] September 2005 | Seattle | EEOC | Title VII | Wal-Mart Stores Inc | District Court |||  ||| February 2007 ||| two year | 125,000 | hourly | EEOC | every six months ||| 2009 [SUMMARY] In September 2005, the Seattle office of the EEOC brought this Title VII suit against Wal-Mart Stores Inc in the U.S. District Court for the District of Idaho.  The complaint alleged that the defendant discriminated against the claimant by harassing him and retaliating against him by discharging him for his complaint because of his race (black).  The parties entered into a settlement agreement, and the court dismissed the case in February 2007.  

The two year settlement agreement required the defendant to pay the claimant $125,000 in damages and backpay, provide training for salaried managers and hourly associates, maintain policies to prevent race harassment, race discrimination, and refrain from discrimination, expunge the claimant's record, institute policies to promote manager accountability, post notice, and give the EEOC reports every six months. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

