Date: 01-29-2016

Case Style: Maureen McPadden v. Wal-Mart Stores East, L.P.

Case Number: 1:14-cv-00475-SM

Judge: Steven J. McAuliffe

Court: United States District Court for the District of New Hampshire (Merrimack County)

Plaintiff's Attorney: Richard Fradette, Lauren Irwin and Holly Stevens

Defendant's Attorney: Chris Kaczmarek and Joe Lazazzero

Description: Concord, NH - Former Wal-Mart Pharmacist Awarded $31 million in damages

Maureen McPadden sued Wal-Mart Stores, Inc. on a wrongful termination theory claiming that she was fired from her pharmacist position at the Wal-Mart in Seabrook New Hampshire after she report safety concerns about how co-workers were dispensing prescriptions.

Wal-Mart claimed that the Plaintiff was terminated for cause unrelated to her complaints.

Court docket entries for this case since January 1, 2016:

Date Filed # Docket Text
01/07/2016 97 JUROR QUESTIONNAIRES: Access to this document is available to the Court and temporarily available to counsel for Jenn Fonseca, Maureen McPadden, Wal-Mart Stores East, LP only. Note: This document contains questionnaires available at the time of filing. Any additional questionnaires collected will be provided to counsel of record by electronic supplement prior to jury selection.

The retrieval or viewing of these questionnaires constitutes confirmation that you will adhere to L.R. 47.1, which requires that any individual given access to the questionnaires shall not disclose the questionnaires, or information contained therein, to anyone other than the attorneys, their agents, or the parties involved in trial. Violation of this rule may be treated as contempt of court.. (jbw) (Entered: 01/07/2016)

01/08/2016 98 TRANSCRIPT of Proceedings for Motion Hearing and Final Pretrial Conference held on October 20, 2015. Court Reporter: Sandra Bailey, Telephone # 603 225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.

NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request.

Redaction Request Follow Up 2/1/2016. Redacted Transcript Follow Up 2/11/2016. Release of Transcript Restriction set for 4/7/2016.(jbw) (Entered: 01/10/2016)

01/11/2016 99 DEPOSITION Designation by Wal-Mart Stores East, LP. (Kaczmarek, Christopher) (Entered: 01/11/2016)

01/13/2016 100 MOTION in Limine to Supplemental Memo to MIL #2 Re Admissibility of Information Contained in Wal-mart Employee Andy Tau's Employment File filed by Maureen McPadden. Follow up on Objection on 2/1/2016. (Attachments: # 1 Exhibit A - Kulwicki Depo, # 2 Exhibit B - Kulwicki Email)(Irwin, Lauren) (Entered: 01/13/2016)

01/13/2016 101 DEPOSITION Designation by Maureen McPadden. (Irwin, Lauren) (Entered: 01/13/2016)

01/13/2016 102 MOTION in Limine to Exclude Evidence and Testimony Regarding any Dismissed or Non-Suited Claims Against Defendant and Dismissed Parties (6th) filed by Maureen McPadden. Follow up on Objection on 2/1/2016.(Irwin, Lauren) (Entered: 01/13/2016)

01/13/2016 103 MOTION in Limine to Exclude any Evidence Regarding Plaintiff's Receipt of Unemployment Benefits (7th) filed by Maureen McPadden. Follow up on Objection on 2/1/2016.(Irwin, Lauren) (Entered: 01/13/2016)

01/13/2016 104 Proposed Jury Instructions (Plaintiff's Revised) by Maureen McPadden. (Irwin, Lauren) (Entered: 01/13/2016)

01/13/2016 105 Proposed Special Verdict (Plaintiff) by Maureen McPadden. (Irwin, Lauren) (Entered: 01/13/2016)

01/13/2016 106 Proposed Voir Dire (Plaintiff's Revised) by Maureen McPadden. (Irwin, Lauren) (Entered: 01/13/2016)

01/13/2016 107 Final Witness List (Plaintiff) by Maureen McPadden. (Irwin, Lauren) (Entered: 01/13/2016)

01/13/2016 108 MOTION in Limine to Preclude Reference to Other Lawsuits Against Walmart No. 2 (Renewed) filed by Wal-Mart Stores East, LP. Follow up on Objection on 2/1/2016.(Kaczmarek, Christopher) (Entered: 01/13/2016)

01/13/2016 109 MOTION in Limine to to Preclude the Testimony of Michael Peerson No. 14 filed by Wal-Mart Stores East, LP. Follow up on Objection on 2/1/2016.(Kaczmarek, Christopher) (Entered: 01/13/2016)

01/13/2016 110 MOTION in Limine to to Preclude Testimony from Jennifer Fonseca, Deborah Genna, and Tiffany Ghent No. 15 filed by Wal-Mart Stores East, LP. Follow up on Objection on 2/1/2016.(Kaczmarek, Christopher) (Entered: 01/13/2016)

01/13/2016 111 MOTION in Limine to to Preclude Testimony Regarding Conditions in the Seabrook, New Hampshire Pharmacy No. 16 filed by Wal-Mart Stores East, LP. Follow up on Objection on 2/1/2016.(Kaczmarek, Christopher) (Entered: 01/13/2016)

01/13/2016 112 MOTION in Limine to to Preclude the Proposed Expert Testimony of Donna Horn No. 17 filed by Wal-Mart Stores East, LP. HEARING REQUESTED. Follow up on Objection on 2/1/2016. (Attachments: # 1 Exhibit A - report, # 2 Exhibit B - dep excerpts)(Kaczmarek, Christopher) (Entered: 01/13/2016)

01/13/2016 113 Amended Witness List by Wal-Mart Stores East, LP. (Kaczmarek, Christopher) (Entered: 01/13/2016)

01/13/2016 114 Defendant's Trial Exhibit List by Wal-Mart Stores East, LP(Kaczmarek, Christopher) (Entered: 01/13/2016)

01/13/2016 115 Defendant's Objections to Plaintiff's Trial Exhibit List by Wal-Mart Stores East, LP(Kaczmarek, Christopher) (Entered: 01/13/2016)

01/14/2016 116 Objection to 114 Defendant's Trial Exhibit List - to Certain Defendant Exhibits filed by Maureen McPadden. (Fradette, Richard) Modified on 1/15/2016 to add description of doc. no. 114. (jbw). (Entered: 01/14/2016)

01/19/2016 117 Proposed Jury Instructions by Wal-Mart Stores East, LP. (Kaczmarek, Christopher) (Entered: 01/19/2016)

01/19/2016 118 Proposed Voir Dire by Wal-Mart Stores East, LP. (Kaczmarek, Christopher) (Entered: 01/19/2016)

01/19/2016 119 Final Witness List by Wal-Mart Stores East, LP. (Kaczmarek, Christopher) (Entered: 01/19/2016)

01/19/2016 120 MEMORANDUM in Opposition re 102 MOTION in Limine to Exclude Evidence and Testimony Regarding any Dismissed or Non-Suited Claims Against Defendant and Dismissed Parties (6th) filed by Wal-Mart Stores East, LP. (Kaczmarek, Christopher) (Entered: 01/19/2016)

01/19/2016 121 MEMORANDUM in Opposition re 103 MOTION in Limine to Exclude any Evidence Regarding Plaintiff's Receipt of Unemployment Benefits (7th) filed by Wal-Mart Stores East, LP. (Kaczmarek, Christopher) (Entered: 01/19/2016)

01/19/2016 122 OBJECTION to 108 MOTION in Limine to Preclude Reference to Other Lawsuits Against Walmart No. 2 (Renewed) filed by Maureen McPadden. (Irwin, Lauren) (Entered: 01/19/2016)

01/19/2016 123 OBJECTION to 109 MOTION in Limine to to Preclude the Testimony of Michael Peerson No. 14 filed by Maureen McPadden. (Irwin, Lauren) (Entered: 01/19/2016)

01/19/2016 124 OBJECTION to 110 MOTION in Limine to to Preclude Testimony from Jennifer Fonseca, Deborah Genna, and Tiffany Ghent No. 15 (Partial Objection) filed by Maureen McPadden. (Irwin, Lauren) (Entered: 01/19/2016)

01/19/2016 125 OBJECTION to 111 MOTION in Limine to to Preclude Testimony Regarding Conditions in the Seabrook, New Hampshire Pharmacy No. 16 filed by Maureen McPadden. (Irwin, Lauren) (Entered: 01/19/2016)

01/19/2016 126 OBJECTION to 112 MOTION in Limine to to Preclude the Proposed Expert Testimony of Donna Horn No. 17 filed by Maureen McPadden. (Attachments: # 1 Exhibit A - Horn CV, # 2 Exhibit B - Horn Report)(Irwin, Lauren) (Entered: 01/19/2016)

01/19/2016 127 Final Witness List (Revised 01/19/2016) by Maureen McPadden. (Irwin, Lauren) (Entered: 01/19/2016)

01/19/2016 128 MEMORANDUM in Opposition re 100 MOTION in Limine to Supplemental Memo to MIL #2 Re Admissibility of Information Contained in Wal-mart Employee Andy Tau's Employment File filed by Wal-Mart Stores East, LP. (Kaczmarek, Christopher) (Entered: 01/19/2016)

01/19/2016 129 ORDER denying without prejudice to interposing appropriate objections during trial, when the evidentiary context will be clear re: Motions in Limine (document nos 41-52, 55, 60-64, 102, 103, 108-112). So Ordered by Judge Steven J. McAuliffe.(jbw) (Entered: 01/19/2016)

01/19/2016 130 NOTICE of Attorney Appearance by Holly Ann Stevens on behalf of Maureen McPadden Attorney Holly Ann Stevens added to party Maureen McPadden(pty:pla).(Stevens, Holly) (Entered: 01/19/2016)
01/20/2016 Minute Entry for proceedings held before Judge Steven J. McAuliffe. JURY TRIAL - Day 1 held on 1/20/2016. Jury Selection. Jury sworn. Exhibits read into the record. Opening statements. Plaintiff's evidence begins. Witnesses Appearing: Maureen McPadden. (Court Reporter: Susan Bateman - am session/D. Churas - pm session) (Pltfs Atty: Richard Fradette, Lauren Iwrin, Holly Stevens) (Defts Atty: Christopher Kaczmarek, Joseph Lazazzero)(Total Hearing Time: 5 hr 2 minutes) (jbw) (Entered: 01/20/2016)
01/21/2016 Minute Entry for proceedings held before Judge Steven J. McAuliffe. JURY TRIAL - Day 2 held on 1/21/2016. Plaintiff's evidence continues. Trial will resume on Monday, January 25, 2016 @ 9:00 a.m. Witnesses Appearing: Maureen McPadden, Victoria Costa, Deborah Genna, Robert J. Howe, Joshua Varieur, Andy Tau (videotape deposition). (Court Reporter: Sandra Bailey) (Pltfs Atty: Richard Fradette, Lauren Iwrin, Holly Stevens) (Defts Atty: Christopher Kaczmarek, Joseph Lazazzero)(Total Hearing Time: 5 hours) (jbw) (Entered: 01/21/2016)
01/25/2016 Minute Entry for proceedings held before Judge Steven J. McAuliffe. JURY TRIAL - Day 3 held on 1/25/2016. Plaintiff's evidence continues. Witnesses Appearing: Joseph Certo, Heather McCaffrey via videotape trial deposition. (Court Reporter: Liza Dubois - am session; Susan Bateman - pm session) (Pltfs Atty: Richard Fradette, Lauren Iwrin) (Defts Atty: Christopher Kaczmarek, Joseph Lazazzero)(Total Hearing Time: 5 hrs 39 minutes) (jbw) (Entered: 01/25/2016)
01/26/2016 Minute Entry for proceedings held before Judge Steven J. McAuliffe. JURY TRIAL - Day 4 held on 1/26/2016. Plaintiff's evidence continues. Witnesses Appearing: Heather McCaffrey via videotape trial deposition, Barbara Kulwicki, Craig Moore, Kevin McDevitt. Trial to resume at 10:00 a.m. on 1/27/2016. (Court Reporter: Susan Bateman - am session/L. Dubois - pm session) (Pltfs Atty: Richard Fradette, Lauren Iwrin) (Defts Atty: Christopher Kaczmarek, Joseph Lazazzero)(Total Hearing Time: 4 hrs 25 minutes) (jbw) (Entered: 01/26/2016)

01/26/2016 131 TRANSCRIPT of Proceedings for Jury Trial - Day 3: Testimony of Joseph Certo (Afternoon Session) held on January 25, 2016. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.

NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request.

Redaction Request Follow Up 2/19/2016. Redacted Transcript Follow Up 2/29/2016. Release of Transcript Restriction set for 4/25/2016.(jbw) (Entered: 01/26/2016)
01/26/2016 Minute Entry for proceedings held before Judge Steven J. McAuliffe. IN CHAMBERS CONFERENCE held on 1/26/2016 re: preliminary charging conference. (Pltfs Atty: Richard Fradette, Lauren Iwrin, Holly Stevens) (Defts Atty: Christopher Kaczmarek, Joseph Lazazzero)(Total Hearing Time: 2 hrs 15 min) (jbw) (Entered: 01/27/2016)
01/27/2016 Minute Entry for proceedings held before Judge Steven J. McAuliffe. IN CHAMBERS CONFERENCE held on 1/27/2016 re: charging conference. (Pltfs Atty: Richard Fradette, Lauren Iwrin, Holly Stevens) (Defts Atty: Christopher Kaczmarek, Joseph Lazazzero)(Total Hearing Time: 1 hr 15 min) (jbw) (Entered: 01/27/2016)

01/27/2016 132 /// NOTICE of Dismissal of Certain Counts in Plaintiff's Amended Complaint by Maureen McPadden.(Irwin, Lauren) Modified on 1/27/2016 to add three slashes (jbw). (Entered: 01/27/2016)
01/27/2016 Minute Entry for proceedings held before Judge Steven J. McAuliffe. JURY TRIAL - Day 5 concluded on 1/27/2016. Plaintiff's evidence continues. Plaintiff rests. Defendant's oral motion for judgment as a matter of law - plaintiff objects; motion denied by the court. Defendant rests. Defendant renews motion for judgment as a matter of law; denied by the court. Closing arguments. Court charges jury. Jury retires to deliberate. Jury returns with verdict. Defendant's motion for judgment notwithstanding the verdict - plaintiff objects; denied by the court. The parties will confirm and notify the court how much time will be needed to file post-trial motions. Witnesses Appearing: Paul David Kelly. (Court Reporter: Liza Dubois and Diane Churas) (Pltfs Atty: Richard Fradette, Lauren Iwrin) (Defts Atty: Christopher Kaczmarek, Joseph Lazazzero)(Total Hearing Time: 3 hrs 55 minutes) (jbw) (Entered: 01/28/2016)
01/27/2016 ORAL MOTION for Judgment as a Matter of Law by Wal-Mart Stores East, LP.(jbw) (Entered: 01/28/2016)
01/27/2016 Oral Renewed MOTION for Judgment as a Matter of Law by Wal-Mart Stores East, LP.(jbw) (Entered: 01/28/2016)
01/27/2016 Oral ORDER denying [] Oral Renewed Motion for Judgment as a Matter of Law. So Ordered by Judge Steven J. McAuliffe.(jbw) (Entered: 01/28/2016)

01/27/2016 133 Court's Instructions to Jury. (jbw) (Entered: 01/28/2016)

01/27/2016 134 FINAL Exhibit List by Maureen McPadden. (jbw) (Entered: 01/28/2016)

01/27/2016 135 FINAL Exhibit List by Wal-Mart Stores East, LP. (jbw) (Entered: 01/28/2016)

01/27/2016 136 FINAL Witness List by Maureen McPadden. (jbw) (Entered: 01/28/2016)

01/27/2016 137 FINAL Witness List by Wal-Mart Stores East, LP. (jbw) (Entered: 01/28/2016)

01/27/2016 138 JURY VERDICT. (jbw) (Entered: 01/28/2016)
01/27/2016 Oral ORDER denying [] Defendant's Oral Motion for Judgment as a Matter of Law. So Ordered by Judge Steven J. McAuliffe.(jbw) (Entered: 01/29/2016)
01/27/2016 Oral MOTION for Judgment Notwithstanding the Verdict filed by Wal-Mart Stores East, LP.(jbw) (Entered: 01/29/2016)
01/27/2016 Oral ORDER denying [] Defendant's Oral Motion for Judgment Nothwithstanding the Verdict. Text of Order: Denied. So Ordered by Judge Steven J. McAuliffe.(jbw) (Entered: 01/29/2016)
01/28/2016 ORDER: Counsel shall advise the court on or before February 2, 2016, of their proposed schedule for filing post-trial motions, including motion for reasonable attorneys' fees for approval by the court. So Ordered by Judge Steven J. McAuliffe.(jbw) (Entered: 01/28/2016)

01/28/2016 139 TRANSCRIPT of Proceedings Proceedings for Jury Trial - Day 3 (morning session). Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.

NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request.

Redaction Request Follow Up 2/22/2016. Redacted Transcript Follow Up 3/3/2016. Release of Transcript Restriction set for 4/28/2016.(jbw) (Entered: 01/28/2016)

Outcome: Plaintiff's verdict for $31 million.

Plaintiff's Experts:

Defendant's Experts:

Comments: Kent, I don’t know if your editor would be interested, but I had a thought over the weekend. Please consider this an “off the record” observation. As I mentioned, I represented Cindy Haddad v. Walmart in a gender discrimination suit under state law in 2007 – won a $2M verdict. WM appealed to the Mass. Supreme Judicial Court and we had to fight for another two years before we prevailed…but we DID prevail! We actually “made law” in that case. Attached is that decision. Walmart doesn’t change it’s unlawful practices, it keeps the cases jammed up in court as long as possible and then just pays the verdict when they ultimately lose. It’s less expensive then properly training and staffing upper management with folks that know the law and how to make certain it’s enforced. In the Haddad case, the decision maker who fired Cindy was promoted and went on to live happily ever after. Cindy and her family suffered terribly and she’s never regained her investment of time (I believe is was 12 years) dedicated to the practice of her profession. Cindy was about 44 when fired, I think. In McPadden, the decision makers have been promoted and are living happily and on course to retire from WM with benefits, etc. Maureen had 13+ years invested at the time she was fired and was 47 y.o. – tough to re-start a career at that point. It would be GREAT to have both Cindy Haddad and Maureen McPadden interviewed. It’s not often to have two female professionals fired from the same employer and then be awarded multi-million dollar jury verdicts due to gender discrimination. Give it some thought and let me know. Sincerely, Rick