Judge Protects Former Kroger CEO from Revealing Resignation Details

Former Kroger CEO Rodney McMullen is temporarily in the clear.

An Ohio judge recently ruled that McMullen is exempt from deposition inquiries regarding his departure from his executive role at the supermarket chain.

Lawyers for a business tied to singer Jewel sought to question McMullen about his resignation as part of a 2023 lawsuit alleging a breach of contract against Kroger.

McMullen’s legal team argued that topics concerning his resignation in March are not pertinent to the lawsuit filed by the artist known for her hit "You Were Meant For Me," claiming the inquiries are intended to "bother and embarrass" him.

Common Pleas Judge Christian Jenkins from Hamilton County concurred with McMullen, stating in a recent order that the details of McMullen's resignation as Kroger's CEO do not pertain to the case at hand.

In granting McMullen's motion for a protective order, the judge pointed out McMullen's assertion that the questioning is irrelevant, disproportional to the case's necessities, and might cause embarrassment.

Kroger revealed in March that McMullen resigned from his CEO position, a role he had held for over a decade, following an internal probe into his "personal conduct." Although this conduct was "unrelated to business operations," it contradicted Kroger's policy on business ethics.

Official filings with the Securities and Exchange Commission indicate that McMullen forfeited $11.2 million in bonus and stock options upon his resignation.

While McMullen is not a defendant in the Jewel-led lawsuit, plaintiff attorneys argue that his testimony is crucial and that his resignation details might affect his credibility.

Legal Proceedings and Background

Earlier, the judge mandated McMullen to submit a written explanation detailing his departure and those involved, which McMullen provided on August 8.

In an August 21 ruling, Judge Jenkins ordered a confidential review of McMullen's explanation to evaluate its relevance and the possibility of causing McMullen anger or embarrassment.

The judge had previously stated that if a protective order was granted, McMullen’s explanation would remain sealed in court records.

Representatives for McMullen did not respond to Business Insider's request for comment. Attorneys for the plaintiffs — Wellness Your Way Festival, LLC, and Inclusion Companies, LLC — were also unavailable for comment. Jewel, whose legal name is Jewel Kilcher, co-owns the Wellness Your Way Festival, LLC.

The lawsuit claims Kroger violated a partnership agreement linked to its annual Wellness Festival in Cincinnati, involving Jewel and business associate Trevor Drinkwater, who leads Inclusion.

Simultaneously, information about McMullen's unexpected departure is also being sought in a separate lawsuit where Albertsons sues Kroger over a failed merger last year.

Impact on Ongoing Litigation

Albertsons' lawyers argue that McMullen’s actions raise substantial questions about his credibility and integrity and his focus during the merger talks and Kroger's contractual commitments to Albertsons, as noted in a July Bloomberg report.

This year, Kroger countersued Albertsons.

Albertsons' representatives were contacted but did not provide a comment, while a Kroger spokesperson declined to speak further on the matter.