Garvey v. Kmart Corporation

Filing 223

NOTICE REGARDING FINDINGS OF FACT AND CONCLUSIONS OF LAW (whalc1, COURT STAFF) (Filed on 11/21/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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LISA GARVEY, individually and on
behalf of all others similarly situated,

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Plaintiff,

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NOTICE REGARDING FINDINGS
OF FACT AND CONCLUSIONS
OF LAW

v.
KMART CORPORATION, and DOES
1-50 inclusive,
Defendants.
/

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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

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showing a proposed modification of the Kmart cashier stall? If not, is any proposed

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modification sufficiently described in the trial evidence and, if so, describe the modifications in

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detail, citing to the trial record. Be sure to address each feature of the existing stall and state

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where each would be located in the modified stall, including the bins, mirror, register, foot rest,

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bagging table, and all other functional features now in use. If the record does not specify where

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a feature would be, so state.

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(2) Does the trial record prove that suitable seating could reasonably be used when

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carrying out the work of the Kmart cashier? If so, with respect to such suitable seating, describe

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what the admitted trial evidence shows as to:

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(a)

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Is the suitable seating a chair, stool, lean-stool, butt-rest, bench, or
something else?

(b)

Is it affixed to the floor versus mobile?

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(c)

Does it have wheels?

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(d)

Does the seat swivel?

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(e)

Does it have arm rests?

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(f)

Does it have a back?

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(g)

Does it have a cushion?

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(h)

What is the height of the seat? Of the back, if any?

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(i)

Would the feet of the cashiers reach the floor while seated? If so, how

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For the Northern District of California

United States District Court

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would the eye level while seated compare to the eye level while standing?

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Dated: November 21, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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