Garvey v. Kmart Corporation

Filing 223


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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 LISA GARVEY, individually and on behalf of all others similarly situated, 12 Plaintiff, 13 14 15 NOTICE REGARDING FINDINGS OF FACT AND CONCLUSIONS OF LAW v. KMART CORPORATION, and DOES 1-50 inclusive, Defendants. / 16 17 18 19 No. C 11-02575 WHA Counsel shall address the following somewhere in their proposed findings of fact and conclusions of law: (1) Does the trial record of admitted evidence contain a blueprint or graphic design 20 showing a proposed modification of the Kmart cashier stall? If not, is any proposed 21 modification sufficiently described in the trial evidence and, if so, describe the modifications in 22 detail, citing to the trial record. Be sure to address each feature of the existing stall and state 23 where each would be located in the modified stall, including the bins, mirror, register, foot rest, 24 bagging table, and all other functional features now in use. If the record does not specify where 25 a feature would be, so state. 26 (2) Does the trial record prove that suitable seating could reasonably be used when 27 carrying out the work of the Kmart cashier? If so, with respect to such suitable seating, describe 28 what the admitted trial evidence shows as to: 1 (a) 2 Is the suitable seating a chair, stool, lean-stool, butt-rest, bench, or something else? (b) Is it affixed to the floor versus mobile? 4 (c) Does it have wheels? 5 (d) Does the seat swivel? 6 (e) Does it have arm rests? 7 (f) Does it have a back? 8 (g) Does it have a cushion? 9 (h) What is the height of the seat? Of the back, if any? 10 (i) Would the feet of the cashiers reach the floor while seated? If so, how 11 For the Northern District of California United States District Court 3 would the eye level while seated compare to the eye level while standing? 12 13 14 Dated: November 21, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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