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EEOC v. Walmart Stores East, L.P., et al, Docket No. 20-01419 (7th Cir. Mar 16, 2020), Court Docket
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EEOC v. Walmart Stores East, L.P., et al

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Court Dockets
ca7
US Court of Appeals for the Seventh Circuit
Docket for Case #: 20-1419

EEOC v. Walmart Stores East, L.P., et al

DOCKET INFORMATION
Minimize
Date Filed: Mar 16, 2020
Status: Open
Nature of suit:1442 Jobs
Original Cases:
3:18-cv-00804-bbc on 2018-09-27, Western District of Wisconsin
District: 0758
NOA Date: Mar 16, 2020

Parties and Attorneys

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 Plaintiff - Appellant
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff - Appellant
Representation
Philip Matthew Kovnat, Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
131 M Street N.E.
Washington, DC 20507-0000
Personal: 202-663-4769
[COR LD NTC Government Federal]

 Defendant - Appellee
WALMART STORES EAST, L.P.
Defendant - Appellee
Representation
Susan Zoeller, Attorney
JACKSON LEWIS P.C.
211 N. Pennsylvania Street
Indianapolis, IN 46204
Personal: 317-489-6965
[COR LD NTC Retained]
Jeremy Michael Bylund, Attorney
KING & SPALDING LLP
1700 Pennsylvania Avenue N.W.
Washington, DC 20006-4706
Personal: 202-626-5455
[COR NTC Retained]

 Defendant - Appellee
WAL-MART STORES, INC.
Defendant - Appellee
Representation
Susan Zoeller, Attorney
JACKSON LEWIS P.C.
211 N. Pennsylvania Street
Indianapolis, IN 46204
Personal: 317-489-6965
[COR LD NTC Retained]
Jeremy Michael Bylund, Attorney
KING & SPALDING LLP
1700 Pennsylvania Avenue N.W.
Washington, DC 20006-4706
Personal: 202-626-5455
[COR NTC Retained]

 Amicus Curiae
GENERAL CONFERENCE OF SEVENTH-DAY ADVENTISTS
Amicus Curiae
Representation
Christopher Ernest Mills, Attorney
SPERO LAW LLC
557 E. Bay Street
Charleston, SC 29413
Personal: 843-606-0640
[COR LD NTC Retained]

 Amicus Curiae
DECALOGUE SOCIETY OF LAWYERS
Amicus Curiae
Representation
Howard J. Rosenburg, Attorney
KOPECKY, SCHUMACHER, ROSENBURG, LLC
120 N. LaSalle Street
Chicago, IL 60602
Personal: 312-380-6631
[COR LD NTC Retained]

Docket Entries

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EntryFiledPDFDescription
BL-1Mar 16, 2020ViewU.S. civil case docketed. U.S. Appeal. Docketing Statement due for Appellant Equal Employment Opportunity Commission by 03/23/2020. Transcript information sheet due by 03/30/2020. Appellant's brief due on or before 04/27/2020 for Equal Employment Opportunity Commission [1] [7068725] [20-1419] (AP)
BL-2Mar 19, 2020RequestAppearance form filed by Attorney Philip M. Kovnat for Appellant EEOC. [2] [7069512] (L-Yes; E-Yes; R-Yes) [20-1419] [Edited 03/19/2020 by CG to reflect the termination and addition of counsel.] (Kovnat, Philip)
BL-3Mar 19, 2020RequestDocketing Statement filed by Appellant EEOC. Prior or Related proceedings: No. [3] [7069700] [20-1419] (Kovnat, Philip)
BL-4Mar 20, 2020RequestNotice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Friday, April 3, 2020 at 2:00 p.m. Central Time. See Notice for further details and requirements. JB. [4] [7069753] [20-1419] (CG)
BL-5Mar 20, 2020RequestORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 05/04/2020 for Equal Employment Opportunity Commission. Appellees' brief due on or before 06/03/2020 for Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. Appellant's reply brief, if any, is due on or before 06/24/2020 for Appellant Equal Employment Opportunity Commission. JB [7069756] [20-1419] (CG)
BL-6Mar 20, 2020RequestFiled Seventh Circuit Transcript Information Sheet by Appellant EEOC. [6] [7069816] [20-1419] (Kovnat, Philip)
BL-7Apr 3, 2020RequestORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 06/22/2020 for Equal Employment Opportunity Commission. Appellees' brief due on or before 07/22/2020 for Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. Appellant's reply brief, if any, is due on or before 08/12/2020 for Appellant Equal Employment Opportunity Commission. JB [7072775] [20-1419] (ER)
BL-8Jun 2, 2020RequestORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 07/29/2020 for Equal Employment Opportunity Commission. Appellee's brief due on or before 08/28/2020 for Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. Appellant's reply brief, if any, is due on or before 09/18/2020 for Appellant Equal Employment Opportunity Commission. JB [7084617] [20-1419] (FP)
BL-9Jun 24, 2020RequestORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 08/21/2020 for Equal Employment Opportunity Commission. Appellees' brief due on or before 09/22/2020 for Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. Appellant's reply brief, if any, is due on or before 10/13/2020 for Appellant Equal Employment Opportunity Commission. JB [7089136] [20-1419] (CG)
BL-10Jun 30, 2020RequestCircuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jeremy M. Bylund, Kelly Perigoe, Gabriel Krimm for Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. [10] [7090241] (L-Yes; E-Yes; R-Yes) [20-1419]--[Edited 06/30/2020 by FP to reflect that atty. Bylund is added to the docket.] (Bylund, Jeremy)
BL-11Aug 21, 2020RequestSubmitted appellant brief by Philip Matthew Kovnat for Appellant EEOC. [11] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7102583] [20-1419] (Kovnat, Philip)
BL-12Aug 21, 2020ViewAppellant's brief filed by Appellant EEOC. Paper copies due on 08/28/2020. Electronically Transmitted. [12] [7102757] [20-1419] (GW)
BL-13Aug 27, 2020RequestPaper copies of appellant brief filed by Appellant EEOC. [13] [7104011] [20-1419] (CAH)
BL-14Sep 22, 2020RequestSubmitted appellee brief by Jeremy M. Bylund for Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. [14] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7109709] [20-1419] (Bylund, Jeremy)
BL-15Sep 22, 2020RequestSubmitted Supplemental Appendix by Jeremy M. Bylund for Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. [15] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7109710] [20-1419] (Bylund, Jeremy)
BL-16Sep 22, 2020RequestBrief deficiency letter sent to Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. [16] [7109773] [20-1419] (SK)
BL-17Sep 22, 2020ViewAppellee's brief filed by Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. Paper copies due on 09/29/2020 Electronically Transmitted. [18] [7109907] [20-1419] (SK)
BL-18Sep 22, 2020RequestFiled Appendix by Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. [19] [7109908] Paper copies due on 09/29/2020 [20-1419] (SK)
BL-19Sep 23, 2020RequestRe-Submitted appellee brief by Jeremy M. Bylund for Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. [17] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7109822] [20-1419] (Bylund, Jeremy)
BL-20Sep 25, 2020RequestPaper copies of appellee brief filed by Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. [20] [7110433] [20-1419] (CO)
BL-21Oct 2, 2020RequestMotion filed by Appellant EEOC to extend time to file appellant reply brief. [21] [7112180] [20-1419] (Kovnat, Philip)
BL-22Oct 2, 2020RequestOrder issued GRANTING motion to extend time to file appellant's reply brief. Appellant's reply brief, if any, is due on or before 10/23/2020 for Appellant Equal Employment Opportunity Commission. CMD [22] [7112252] [20-1419] (MM)
BL-23Oct 14, 2020ViewArgument set for Wednesday, December 2, 2020, at 9:30 a.m. Each side limited to 15 minutes. [23] [7114595] [20-1419] (CAH)
BL-24Oct 15, 2020RequestORDER: Counsel in this appeal shall present oral argument either telephonically or by video communications. No attorneys will be present in the courtroom. The clerks office will contact counsel with further instructions. MOTIONS TO WAIVE ORAL ARGUMENT: If the appeal can be resolved based on the briefs and record and the decisional process would not be significantly aided by oral argument, see FED. R. APP. P. 34(a), counsel may file a motion under Circuit Rule 34(e) to waive oral argument. The court encourages counsel to confer with opposing counsel when considering a motion to waive oral argument and prefers joint motions. A motion to waive oral argument must be filed no later than seven days before the date of argument. CH [24] [7114863] [20-1419] (CAH)
BL-25Oct 23, 2020RequestSubmitted appellant reply brief by Philip M. Kovnat for Appellant EEOC. [25] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7117096] [20-1419] (Kovnat, Philip)
BL-26Oct 23, 2020ViewAppellant's reply brief filed by Appellant EEOC. Paper copies due on 10/30/2020. Electronically Transmitted. [26] [7117107] [20-1419] (MAN)
BL-27Oct 28, 2020RequestPaper copies of appellant reply brief filed by Appellant EEOC. DIST. [27] [7117867] [20-1419] (SK)
BL-28Oct 29, 2020ViewReceived argument confirmation from Philip M. Kovnat for Appellant EEOC. [28] [7118210] [20-1419] (Kovnat, Philip)
BL-29Nov 2, 2020RequestReceived argument confirmation from Jeremy M. Bylund for Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. [29] [7118931] [20-1419] (Bylund, Jeremy)
BL-30Nov 18, 2020RequestReceived argument confirmation per argument email form for Attorney Mr. Jeremy Michael Bylund for Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. [30] [7122481] [20-1419] (CAH)
BL-31Nov 18, 2020RequestReceived argument confirmation per argument email form for Attorney Philip Matthew Kovnat for Appellant EEOC. [31] [7122634] [20-1419] (CAH)
BL-32Dec 2, 2020RequestCase heard and taken under advisement by panel: Frank H. Easterbrook, Circuit Judge; Kenneth F. Ripple, Circuit Judge and Ilana Diamond Rovner, Circuit Judge. [32] [7125216] [20-1419] (DRS)
BL-33Dec 2, 2020RequestCase argued by Philip Matthew Kovnat for Appellant EEOC and Mr. Jeremy Michael Bylund for Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P.. [33] [7125218] [20-1419] (DRS)
BL-34Mar 31, 2021ViewFiled opinion of the court by Judge Easterbrook. AFFIRMED. Frank H. Easterbrook, Circuit Judge; Kenneth F. Ripple, Circuit Judge and Ilana Diamond Rovner, Circuit Judge, dissenting. [34] [7150950] [20-1419] (ER)
BL-35Mar 31, 2021RequestORDER: Final judgment filed per opinion. With costs: yes. [35] [7150954] [20-1419] (ER)
BL-36May 17, 2021RequestSubmitted petition for rehearing enbanc by Philip Matthew Kovnat for Appellant EEOC. [36] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7160575] [20-1419] (Kovnat, Philip)
BL-37May 17, 2021ViewFiled Petition for Rehearing and Petition for Rehearing Enbanc by Appellant EEOC. Paper copies due on 05/20/2021. [37] [7160664] [20-1419] (MAN)
BL-38May 19, 2021RequestPaper copies of rehearing enbanc brief filed by Appellant EEOC. DIST [38] [7161289] [20-1419] (PNR)
BL-39May 24, 2021RequestCircuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Christopher Mills for NON PARTIES General Conference of Seventh-day Adventists; National Association of Evangelicals; Union of Orthodox Jewish Congregations of America. [39] [7162218] (L-Yes; E-Yes; R-No) [20-1419]--[Edited 05/24/2021 by ZNS] (Mills, Christopher)
BL-40May 24, 2021RequestFiled Non-Party Motion for Leave to File Brief as Amici Curiae Supporting Rehearing or Rehearing En Banc by General Conference of Seventh-day Adventists; National Association of Evangelicals; Union of Orthodox Jewish Congregations of America. [7162302] [20-1419] (Mills, Christopher)
BL-41May 24, 2021RequestCircuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Todd R. McFarland for NON-PARTIES General Conference of Seventh-day Adventists, National Associations Evangelicals, Union of Orthodox Jewish Congregations of America. [41] [7162367] (L-No; E-No; R-No) [20-1419]--[Edited 05/24/2021 by AP- to reflect non-parties] (McFarland, Todd)
BL-42May 24, 2021RequestCircuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Howard J. Rosenburg for NON PARTY The Decalogue Society of Lawyers. [42] [7162464] (L-Yes; E-Yes; R-No) [20-1419]--[Edited 05/25/2021 by ZNS] (Rosenburg, Howard)
BL-43May 24, 2021RequestFiled motion by Non-Party Decalogue Society of Lawyers by attorney Howard J. Rosenburg to file amicus brief. Consent from all parties contained within brief. [43] [7162467] [20-1419] [20-1419]--[Edited 05/25/2021 by VG - updated docket text] (Rosenburg, Howard)
BL-44May 25, 2021RequestORDER re: 1) Motion for leave to file brief of General Conference for Seventh-Day Aventists, et al. 2) Non-Party Decalogue Society of Lawyers' Unopposed Motion for Leave to File Brief Amicus Curiae. IT IS ORDERED that the motion of the General Conference of the Seventh-Day Adventists, et al., is GRANTED. The clerk of this court shall file INSTANTER the tendered copy of the amici curiae brief. IT IS FURTHER ORDERED that the motion of the Decalogue Society of Lawyers is GRANTED to the extent that the Decalogue Society of Lawyers may file, on or before May 27, 2021, an amicus curiae brief that complies with this court's rules. Specifically, the brief must contain disclosure statements for each attorney listed on the cover of the brief. See Fed. R. App. P. 26.1, 29(a)(4)(A); Cir. R. 26.1. No changes to the substance of the brief will be permitted. JPK [44] [7162857] [20-1419] (AG)
BL-45May 25, 2021RequestAmicus brief filed by Amicus Curiae General Conference of Seventh-Day Adventists, et al., per order. Paper copies due on 06/01/2021. Electronically Transmitted. [45] [7162872] [20-1419] (GW)
BL-46May 26, 2021RequestRe-Submitted brief by Howard J. Rosenburg for amicus The Decalogue Society of Lawyers. Leave granted by court order. [46] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7162904] [20-1419] (Rosenburg, Howard)
BL-47May 26, 2021RequestAmicus Brief in Support of Apppellant's Petition for Rehearing filed by Amicus Curiae Decalogue Society of Lawyers, per order. Paper copies due on 06/02/2021. Electronically Transmitted. [47] [7163059] [20-1419] (MAN)
BL-48May 28, 2021RequestPaper copies of amicus brief filed by Amicus Curiae General Conference of Seventh-Day Adventists. DIST. [48] [7163555] [20-1419] (GW)
BL-49Jun 1, 2021ViewORDER: Appellant EEOC Petition for Rehearing and Petition for Rehearing Enbanc is DENIED. *Judge Wood and Judge Scudder did not participate in the consideration of this petition. [49] [7163970] [20-1419] (FP)
BL-50Jun 3, 2021ViewFiled Non-Party Motion to Intervene by Edward C. Hedican. [7164806] [20-1419] (Rassbach, Eric)
BL-51Jun 3, 2021RequestCircuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Eric C. Rassbach for Edward C. Hedican. [51] [7164810] (L-Yes; E-Yes; R-No) [20-1419] (Rassbach, Eric)
BL-52Jun 3, 2021RequestCircuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark L. Rienzi for Edward C. Hedican. [52] [7164811] (L-No; E-Yes; R-No) [20-1419] (Rienzi, Mark)
BL-53Jun 3, 2021RequestCircuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Nicholas R. Reaves for Edward C. Hedican. [53] [7164812] (L-No; E-Yes; R-No) [20-1419] (Reaves, Nicholas)
BL-54Jun 3, 2021RequestCircuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Christopher C. Pagliarella for Edward C. Hedican. [54] [7164813] (L-No; E-Yes; R-No) [20-1419] (Pagliarella, Christopher)
BL-55Jun 4, 2021RequestORDER re: Motion to Intervene of Charging Party Edward Hedican. The motion to intervene is DENIED as untimely. Edward Hedican had opportunity to intervene before the case was argued to the panel many months ago. The request to defer issuance of the mandate also is DENIED. JPK [55] [7165025] [20-1419] (AD)
BL-56Jun 7, 2021RequestFiled Non-Party Motion for Panel or En Banc Reconsideration of Denial of Intervention by Edward Hedican. [7165455] [20-1419] (Rassbach, Eric)
BL-57Jun 8, 2021RequestORDER re: Motion for panel or en banc reconsideration of denial of intervention for purposes of appeal by charging party Edward Hedican. IT IS ORDERED that the motion is DENIED. JPK [57] [7165586] [20-1419] (ZNS)
BL-58Jun 9, 2021RequestMandate issued. No record to be returned. [58] [7165763] [20-1419] (SK)
BL-59Jun 9, 2021RequestFOR COURT USE ONLY: Certified copy of 03/31/2021 Opinion & Final Judgment and 06/01/2021 Rehearing Denial Order with Mandate sent to the District Court Clerk. [7165776-2] [7165776] [20-1419] (SK)
BL-60Oct 12, 2021RequestNotice received regarding Supreme Court Case Number: 21M24. The motion of Edward Hedican for leave to intervene to file a petition for a writ of certiorari is denied. [7191344] [20-1419] (PS)
BL-61Nov 4, 2021RequestFiled notice from the Supreme Court of the filing of a Petition for Writ of Certiorari. 21-648 [60] [7197180] [20-1419] (PS)
BL-62Mar 21, 2022ViewFiled order from the Supreme Court GRANTING the Petition for Writ of Certiorari. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Cameron v. EMW Womens Surgical Center, P.S.C., 595 U. S. ___ (2022). The judgment or mandate of the S.C. will not issue for at least 25 days pursuant to Rule 45. 21-648 [61] [7224179] [20-1419] (PS)
BL-63Apr 22, 2022RequestFiled Supreme Court judgment in 21-648. The judgment of the above court in this cause is VACATED with costs, and the case is REMANDED to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Cameron v. EMW Womens Surgical Center, P.S.C., 595 U. S. ___ (2022). Further, the petitioner Edward Hedican recovers from Walmart Stores East, L. P., et al., Three Hundred Dollars ($300.00) for costs herein expended. [62] [7231346] [20-1419] (AD)
BL-64Apr 22, 2022RequestThe Supreme Court has REMANDED this appeal to this court for further proceedings. The Supreme Court issued a certified copy of its judgment on 03/21/2022. IT IS ORDERED that a Circuit Rule 54 Statement is due by 05/13/2022. [63] [7231357] [20-1419] (AD)
BL-65May 5, 2022ViewFiled Circuit Rule 54 Statement of Position by Appellant EEOC , as ordered by this court. [64] [7234389] [20-1419] (Kovnat, Philip)
BL-66May 13, 2022ViewFiled Non-Party Stipulation by Edward Hedican. [7236007] [20-1419] (Rassbach, Eric)
BL-67May 13, 2022ViewFiled Circuit Rule 54 Statement of Position by Appellees Wal-Mart Stores, Inc. and Walmart Stores East, L.P. , as ordered by this court. [66] [7236038] [20-1419] (Bylund, Jeremy)
BL-68May 16, 2022RequestORDER re: Stipulated Dismissal of Motion to Intervene (ECF No. 50) of Proposed Intervenor Edward Hedican. The motion to intervene, filed on 06/03/2021, is DISMISSED. JPK [67] [7236402] [20-1419] (MM)

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