This case was last updated from U.S. District Courts on 03/11/2022 at 07:33:45 (UTC).

Christophe v. Walmart, Inc.

Case Summary

On January 10, 2022, Louise Christophe (“Plaintiff” or “Christophe”), represented by Kristie A. Scott of Light Path Law, P.A., filed a civil rights lawsuit against Walmart, Inc. a/k/a Wal-Mart Stores East, LP, (“Defendant”), seeking damages with interest, attorneys’ fees, and costs for the alleged termination and retaliation against Plaintiff due to her disability and her race. This case was filed in the U.S. District Court in the Middle District of Florida. 

 

In the complaint, Plaintiff alleged that, “In or around 2015 Plaintiff began working for Defendant as a Stock Associate and at the time of her termination she was an A CAP Associate. Plaintiff is a Haitian American female. Plaintiff speaks Creole and English; however, English is her second language. Plaintiff’s job responsibilities were to ensure that the shelves were stocked, and Defendant’s customers received directives whenever they needed assistance while shopping. On or about May 5, 2020, Plaintiff, while working for Defendant, experienced a syncopal episode. Afterward, medical examinations determined Plaintiff had to have cardiac surgery and cholecystectomy.”

 

Plaintiff further alleged that, “Plaintiff is a qualified individual with a disability under the Americans with Disabilities Act of 1990, as amended. As a result of Plaintiff’s disability, major life activities, which includes but is not limited to her (her inability to work full-time and/or) ability to lift over Twenty-five (25) pounds that substantially limited her normal life activities. On or about June 24, 2020, Plaintiff communicated with her immediate Supervisor for the Defendant requesting reasonable accommodations while she underwent her medical treatments based on her doctor’s recommendations.”

 

Plaintiff also alleged that, “Plaintiff’s immediate Supervisor for the Defendant was dismissive and advised that they would send her “something in the mail.” Plaintiff received a letter from Defendant’s Agent, Sedgwick Claims Management Services, Inc. (herein referred to as “SEDGWICK”) and began communicating her medical treatments to SEDGWICK. Defendant advised Plaintiff that she could not return to work until she was medically released from her doctor. Once the Plaintiff received a medical release from her doctor, Plaintiff immediately contacted Defendant and was advised that she was terminated. Plaintiff believes she was retaliated against due to her race and disability.”

 

Plaintiff lists out two claims for relief. The first claim is for retaliation in violation of The Americans with Disabilities Act, and the second claim is for retaliation in violation of Title VII of the Civil Rights Act of 1964, wherein Plaintiff claimed that, Defendant’s alleged reason for terminating Plaintiff’s employment is pretextual and baseless because allegedly Defendant terminated Plaintiff due to her disabilities.

 

In the prayer for relief, Plaintiff requested the Court to accept jurisdiction over this matter and award Plaintiff for her past and future loss of wages and benefits, retirement benefits, plus interest. Further, Plaintiff requested the Court to award liquidated damages equal to the sum amount of backpay and interest and compensatory and punitive damages. Plaintiff also requested that in lieu of reinstatement, the Court award Plaintiff front pay and all costs, reasonable attorneys’ fees incurred in connection with this action, and such additional or alternative relief as the Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-00017

  • Filing Date:

    01/10/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Disability Discrimination

Judge Details

Presiding Judge

John E. Steele

Referral Judge

Nicholas P. Mizell

 

Party Details

Plaintiff

Louise Christophe

Defendants

Walmart, Inc.

Wal-Mart Stores East, LP

Attorney/Law Firm Details

Plaintiff Attorneys

Kristie Ann Scott

Attorney at Light Path Law, P.A.

3620 Colonial Blvd., Suite 130

Fort Myers, FL 33966

Danielle Nicole Clark

Attorney at Light Path Law, PA

3620 Colonial Blvd., Suite 130

Fort Myers, FL 33966

Defendant Attorneys

Derek H. Sparks

Attorney at Liebler Gonzalez and Portuondo

44 West Flagler Street, Suite 25Th Floor

Miami, FL 33130

Carmen M. Rodriguez

Attorney at Law Offices of Carmen Rodriguez, PA

Suite 411, 15715 S Dixie Hwy

Palmetto Bay, FL 33157

Christine M. Manzo

Attorney at Liebler, Gonzalez & Portuondo, PA

44 W Flagler St Ste 2500

Miami, FL 33130-1808

 

Court Documents

#1

(#1) COMPLAINT against Walmart, Inc. with Jury Demand (Filing fee $ 402 receipt number BFLMDC-19105651) filed by Louise Christophe. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Scott, Kristie) (Entered: 01/10/2022)

1 #1

Civil Cover Sheet

1 #2

Proposed Summons

#3

(#3) CIVIL Action Order. Signed by All Divisional Judges on 1/11/2022. (jmc) (Entered: 01/11/2022)

#6

(#6) SUMMONS issued as to Walmart, Inc. (jmc) (Entered: 01/11/2022)

#7

(#7) RETURN of service executed on 2/9/2022 by Louise Christophe as to Walmart, Inc. (Scott, Kristie) (Entered: 02/11/2022)

#8

(#8) AMENDED COMPLAINT #1 against Walmart, Inc., with Jury Demand filed by Louise Christophe. (Attachments: #1 Proposed Summons)(Scott, Kristie) Modified on 2/14/2022 (jmc). (Entered: 02/11/2022)

8 #1

Proposed Summons

#9

(#9) SUMMONS issued as to Walmart, Inc. (jmc) (Entered: 02/14/2022)

#10

(#10) NOTICE of Appearance by Derek H. Sparks on behalf of Walmart, Inc. (Sparks, Derek) (Entered: 02/17/2022)

#11

(#11) Unopposed MOTION for Extension of Time to File Answer re #8 Amended Complaint by Walmart, Inc. (Sparks, Derek) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 2/24/2022 (jmc). (Entered: 02/23/2022)

#13

(#13) RETURN of service executed on 2/15/2022 by Louise Christophe as to Walmart, Inc. (Scott, Kristie) (Entered: 03/01/2022)

#14

(#14) MOTION to Dismiss Plaintiff's Amended Complaint #8 and Supporting Memorandum of Law by Walmart, Inc. (Sparks, Derek) Modified on 3/8/2022 (jmc). (Entered: 03/08/2022)

#15

(#15) CORPORATE Disclosure Statement by Louise Christophe. (Scott, Kristie) (Entered: 03/10/2022)

4 More Documents Available
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Docket Entries

  • 03/10/2022
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  • Docket(#15) CORPORATE Disclosure Statement by Louise Christophe. (Scott, Kristie) (Entered: 03/10/2022)

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  • 03/08/2022
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  • Docket(#14) MOTION to Dismiss Plaintiff's Amended Complaint #8 and Supporting Memorandum of Law by Walmart, Inc. (Sparks, Derek) Modified on 3/8/2022 (jmc). (Entered: 03/08/2022)

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  • 03/01/2022
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  • Docket(#13) RETURN of service executed on 2/15/2022 by Louise Christophe as to Walmart, Inc. (Scott, Kristie) (Entered: 03/01/2022)

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  • 02/25/2022
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  • Docket(#12) ENDORSED ORDER granting #11 defendant Walmart's unopposed motion for extension of time. By March 8, 2022, Walmart will respond to plaintiff Louise Christophe's amended complaint (Doc. #8).Signed by Magistrate Judge Nicholas P. Mizell on 2/25/2022. (GSK) (Entered: 02/25/2022)

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  • 02/23/2022
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  • Docket(#11) Unopposed MOTION for Extension of Time to File Answer re #8 Amended Complaint by Walmart, Inc. (Sparks, Derek) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 2/24/2022 (jmc). (Entered: 02/23/2022)

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  • 02/17/2022
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  • Docket(#10) NOTICE of Appearance by Derek H. Sparks on behalf of Walmart, Inc. (Sparks, Derek) (Entered: 02/17/2022)

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  • 02/14/2022
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  • Docket(#9) SUMMONS issued as to Walmart, Inc. (jmc) (Entered: 02/14/2022)

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  • 02/11/2022
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  • Docket(#8) AMENDED COMPLAINT #1 against Walmart, Inc., with Jury Demand filed by Louise Christophe. (Attachments: #1 Proposed Summons)(Scott, Kristie) Modified on 2/14/2022 (jmc). (Entered: 02/11/2022)

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  • 02/11/2022
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  • Docket(#7) RETURN of service executed on 2/9/2022 by Louise Christophe as to Walmart, Inc. (Scott, Kristie) (Entered: 02/11/2022)

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  • 01/11/2022
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  • Docket(#6) SUMMONS issued as to Walmart, Inc. (jmc) (Entered: 01/11/2022)

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  • 01/11/2022
  • Docket(#5) NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (jmc) (Entered: 01/11/2022)

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  • 01/11/2022
  • Docket(#4) NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (jmc) (Entered: 01/11/2022)

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  • 01/11/2022
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  • Docket(#3) CIVIL Action Order. Signed by All Divisional Judges on 1/11/2022. (jmc) (Entered: 01/11/2022)

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  • 01/11/2022
  • Docket(#2) NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0017-JES-NPM. (SJB) (Entered: 01/11/2022)

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  • 01/10/2022
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  • Docket(#1) COMPLAINT against Walmart, Inc. with Jury Demand (Filing fee $ 402 receipt number BFLMDC-19105651) filed by Louise Christophe. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Scott, Kristie) (Entered: 01/10/2022)

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