Equal Employment Opportunity Commission v. McPherson Companies, Inc., The

Filing 87

MEMORANDUM OPINION and ORDER The stay in this action is LIFTED. EEOCs motion for allowance to take the deposition of attorney Bedsole is DENIED, subject to two choices,as set out. McPherson shall notify the court of its decision by 4:30 p.m., 4/25/12 regarding the two choices. The dispositive motion ddl is re-set for 4:30 p.m. on 6/15/12. Motions terminated: 78 MOTION to Take Deposition of Jenna Bedsole. Signed by Judge William M Acker, Jr on 4/19/12. (KGE, )

FILED
2012 Apr-19 PM 03:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
v.
THE MCPHERSON COMPANIES,
INC.,

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CIVIL ACTION NO.
10-AR-2627-S

Defendant.
MEMORANDUM OPINION AND ORDER
The stay in this action is hereby LIFTED. Before the court is
the motion of plaintiff, Equal Employment Opportunity Commission
(“EEOC”), to be allowed to take the deposition of Jenna Bedsole
(“Bedsole”), counsel for defendant, The McPherson Companies, Inc.
(“McPherson”).
McPherson has asserted the affirmative defense that EEOC
failed to conciliate in good faith. (Doc. 9, at 9).

It is conceded

that Bedsole was McPherson’s sole representative during whatever
conciliation efforts were made.

EEOC’s motion for allowance to

take the deposition of attorney Bedsole is hereby DENIED, subject
to two choices: 1) McPherson may withdraw its affirmative defense
number twenty-six (26) that the EEOC did not engage in good faith
conciliation; or 2) Bedsole will be disqualified from participation
in this action in any manner whatsover.

See Alabama Rules of

Professional Conduct Rule 3.7 “A lawyer shall not act as advocate

at a trial in which the lawyer is likely to be a necessary
witness....”
McPherson shall notify the court of its decision by 4:30
p.m., April 25, 2012.
The dispositive motion deadline is re-set for 4:30 p.m. on
June

15,

2012.

If

McPherson

continues

to

insist

upon

the

affirmative defense of failure to conciliate in good faith, EEOC is
invited to file a motion for partial summary judgment addressing
this

affirmative

defense

before

the

new

dispositive

motion

deadline.
DONE this 19th day of April, 2012.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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