Equal Employment Opportunity Commission v. McPherson Companies, Inc., The
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, )
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
EQUAL EMPLOYMENT OPPORTUNITY
THE MCPHERSON COMPANIES,
CIVIL ACTION NO.
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 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
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
affirmative defense of failure to conciliate in good faith, EEOC is
invited to file a motion for partial summary judgment addressing
DONE this 19th day of April, 2012.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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