Equal Employment Opportunity Commission v. Automated Control Technologies, LLC

Filing 8

ORDER granting 6 Motion to Intervene. Complaint in intervention due 9/12/2008; Mr. Frnak's counsel is required to participate in the case management conference set for 9/26/08. Signed by Judge David G Campbell on 9/9/2008.(NVJ)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Equal Employment Opportunity Commission, Plaintiff, vs. Automated Control Technologies, Inc., an Arizona limited liability company, Defendant.

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No. CV-08-926-PHX-DGC ORDER

The Equal Employment Opportunity Commission ("EEOC") commenced this action by filing a complaint against Automated Control Technologies ("ACT) on behalf of Paul Frank. The EEOC alleges that ACT terminated Frank's employment because he complained about racial harassment by a co-worker. The complaint asserts a claim for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Dkt. #1. Frank has filed a motion to intervene as a plaintiff pursuant to Rule 24 of the Federal Rules of Civil Procedure. Dkt. #6. No response has been filed. Rule 24 requires the Court, on timely motion, to "permit anyone to intervene who[] is given an unconditional right to intervene by a federal statute[.]" Fed. R. Civ. P. 24(a)(1). Section 706(f) of Title VII grants aggrieved persons an unconditional right of intervention: "The person or persons aggrieved shall have the right to intervene in a civil action brought by the [EEOC.]" 42 U.S.C. § 2000e-5(f)(1) (emphasis added); see Gen. Tele. Co. of the N.W., Inc. v. EEOC, 446 U.S. 318, 326 (1980).

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Frank is an "aggrieved person" for purposes of Title VII, and his motion to intervene was timely filed. See EEOC v. ABM Indus. Inc., 249 F.R.D. 588, 590 (E.D. Cal. 2008). The Court therefore must grant the motion. See Fed. R. Civ. P. 24(a)(1); 42 U.S.C. § 2000e5(f)(1). IT IS ORDERED: 1. 2. Paul Frank's motion to intervene as plaintiff (Dkt. #6) is granted. The proposed complaint-in-intervention (Dkt. #6, Ex. A) shall be filed by September 12, 2008. 3. Mr. Frank's counsel is required to participate in the Case Management Conference set for September 26, 2008. See Dkt. #7. DATED this 9th day of September, 2008.

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