Catlin v. Wal-Mart Stores, Inc.

123 F. Supp. 3d 1123, 2015 U.S. Dist. LEXIS 109222, 2015 WL 4964671
CourtDistrict Court, D. Minnesota
DecidedAugust 19, 2015
DocketCivil No. 15-04 (DWF/BRT)
StatusPublished
Cited by5 cases

This text of 123 F. Supp. 3d 1123 (Catlin v. Wal-Mart Stores, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Catlin v. Wal-Mart Stores, Inc., 123 F. Supp. 3d 1123, 2015 U.S. Dist. LEXIS 109222, 2015 WL 4964671 (mnd 2015).

Opinion

MEMORANDUM OPINION AND ORDER

DONOVAN W. FRANK, District Judge.

INTRODUCTION

This matter .is before the Court on Defendant Wal-Mart Stores, Inc.’s (“Wal-Mart” or “Defendant”) Motion to Dismiss. (Doc. No. 6.) F.or the reasons set forth below, the Court denies the motion.

BACKGROUND

I. Factual Background

Plaintiff Loraine Catlin (“Catlin” or “Plaintiff’) began working for Wal-Mart as an Inventory Control Specialist on or around March 2000 at the Wal-Mart Su-percenter in Rochester, Minnesota, at store #2812. (Doc. No. 13, First Am. Compl. (“FAC”) ¶¶ 29-30.) Her store manager was Revin Hart (“Hart”). (Id ¶30.) Catlin voluntarily ended her employment on or around September 2000. (Id.)

Catlin alleges that Wal-Mart failed to promote her based on her sex. (Id ¶¶ 31-38.) Catlin alleges she wanted to make a career at Wal-Mart. (Id ¶ 31.) Specifically, Catlin alleges that she became aware of an Inventory Control Specialist manager position and that she applied for that opening by speaking to the lead human resources and payroll personnel. (Id ¶¶ 32-33.) Catlin alleges that Wal-Mart maintained records and data documenting job openings and employee interest in those openings at this time. (Id ¶ 34.) Catlin further alleges that she was told that Wal-Mart wanted to hire a man for the position, that Wal-Mart would not hire a,woman for the position, and that Wal-Mart ultimately denied Catlin the promotion and hired a male instead. (Id ¶¶ 35-37.)

Catlin further alleges that her compensation as an Inventory Control Specialist was less than her male counterparts. (See id. ¶¶ 39-46.) At the time that Catlin was hired, Wal-Mart hired two other male workers, Nick and Ron, and one other female worker, Julie, as part of the Inventory Control Specialist team. (Id ¶ 40.) [1126]*1126Catlin alleges that she was made aware that- the two male workers received $8;50 an hour while she was earning $7.25 an hour, despite the fact that she had more experience than the two male workers. (Id. ¶¶ 41-42.) Catlin alleges that she brought the discrepancy in pay to the attention of Hart. (Id. ¶ 45.) In response, Hart raised Catlin’s wage to $8.50, but he did not offer her ba.ck pay. (Id.) Catlin also alleges that the disparity in male-female pay was common knowledge and that raises and .bonuses were higher for men. (/&¶¶ 45-46.)

II. Procedural Background

A. Catlin’s Action

Catlin filed a gender discrimination charge with the Equal Employment Opportunity .Commission (“EEOC”) in April 2012 (the “Charge”). (Id. ¶ 19; see also Doc. No. 9 (“Sarantopoulos Aff.”) ¶ 2, Ex. A.) In the Charge, Catlin alleged that she was paid less than her male counterparts and that she did not receive a promotion based on her gender. (FAC ¶¶ 31-42.) She also alleged that she was a member of the Dukes class (detailed below), that she worked at the Wal-Mart Supercenter, store # 2812, in Rochester, Minnesota, and that she was an hourly employee. (Id.) On June 14, 2013, Catlin also responded to an EEOC questionnaire (“June Response”). (Id. ¶ 20; Doc. No. 15 (“Hungerford Deck”) ¶ 3, Ex. G.) In her June Response, Catlin added information regarding the difference in pay rate between men and women, as well as information about the incident where a male was hired for the manager position for which she had applied. (Id.) On September 19, 2014, Catlin further provided information to the EEOC detailing her alleged promotion discrimination and pay discrimination (“September 2014"). (Id. ¶ 21; Hungerford Deck ¶3, Ex. H.) On November 24, 2012, the EEOC issued Catlin a right-to-sue letter. (FAC ¶ 24.)

On January 2, 2015, Catlin filed her initial complaint with this Court. (Doc. No. 1, Compl.). In her complaints,1 Catlin included the allegations found in her EEOC charge, and detailed above in Section I, regarding gender discrimination. (Id. ¶¶ 47-51.) In her complaints, Plaintiff asserts the following claim: Violation of Title VII of the Civil Rights Act of 1964 (Sex Discrimination). (Compl. ¶¶ 29-33; FAC ¶¶ 47-51.) Wal-Mart now moves to dismiss the FAC under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. No, 6.)

B. The Dukes Litigation

On June 8, 2001, Plaintiff Betty Dukes (“Dukes”) filed an individual pro se complaint against Wal-Mart in the District Court for the Northern District of California; Dukes v. Wal-Mart Stores, Inc., Civ. No. 01-02252 (N.D. Cal. Compl. filed on June 8, 2001). On June 19, 2001, Dukes filed an Amended Complaint on her behalf and on behalf of all others similarly situated. Id. (First Am. Compl. filed on June 19, 2001); see also Hungerford Deck ¶3, Ex. B (Order Granting Plaintiffs’ Motion for Leave to Amend, dated Sept. 2, 2002 in Dukes v. Wal-Mart Stores, Inc., Civ. No. 01-02252 (N.D.Cal.)).

On June 21, 2004, the California district court certified a class under Rule 23(b)(2) of the Federal Rules of Civil Procedure for “[a]ll women employed at any Wal-Mart domestic retail store at any time since December 26,1998, who have been or may [1127]*1127be subjected to Wal-Mart’s challenged pay and management track promotions policies and practices.” Dukes v. Wal-Mart Stores, Inc., 222 F.R.D. 137, 188 (N.D.Cal.2004). Wal-Mart appealed the district court’s class certification -decision .to the. Ninth Circuit Court of Appeals. Dukes v. Wak-Mart Stores, Inc., 603 F.3d 571 (9th Cir.2010). The Ninth Circuit .affirmed class certification for class members employed at the time that the original Dukes complaint was filed (June, 8, 2001) and further, held that the district, court could, at its discretion, certify a separate Rule 23(b)(3) class of former employees. Id. (stating that “former employees .. .-may be eligible to receive back pay and punitive damages”). Specifically, the Court stated:

[W]e affirm the district court’s certification-of a Rule 23(b)(2) class insofar as the class consists of. current employees (as of the date the complaint was filed), with respect to claims for injunctive relief, .declaratory relief and back pay. On remand, the. district court should analyze whether certification under Rule 23(b)(2) or Rule 23(b)(3) is appropriate for the punitive damages claims, and whether an, additional class or classes may be appropriate under Rule 23(b)(3) with respect to the claims of former employees.

Id. at 624.

Wal-Mart appealed the Ninth Circuit’s ruling on class certification to the United States Supreme Court and the Supreme Court granted certiorari on December 6, 2010. Wal-Mart Stores, Inc. v. Dukes, 562 U.S. 1091, 131 S.Ct. 795, 178 L.Ed.2d 530 (2010). Ultimately, the Supreme Court held that there was. no common question. and reversed class certification. Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 131 S.Ct. 2541, 2556-57, 180 L.Ed.2d 374 (2011).

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