U.S. Equal Employment Opportunity Commission v. Timeless Investments, Inc. et al

Filing 43

ORDER FOR ADDITIONAL BRIEFING TO BE FILED BY 4:00 P.M. JULY 13, 2010, (Deadline set for 4:00PM on 7/13/2010 for parties to file a brief on the issue of whether the Court should stay the proceedings for further conciliation efforts if the Court later finds that the EEOC did not conciliate in good faith). All other dates and deadlines remain unchanged, signed by Chief Judge Anthony W. Ishii on 7/3/10. (Robles, S)

U.S. Equal Employment Opportunity Commission v. Timeless Investments, Inc. et al

Doc. 43

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT FOR THE 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 14 15 16 17 18 Currently pending before the Court is Defendant's motion for summary judgment, which 19 20 Plaintiff failed to engage in good faith conciliation efforts as required by 29 U.S.C. § 626(d). 21 See Court's Docket Doc. No. 31- at p.11. Defendant requests that the Court dismiss the case and 22 award attorney's fees for Plaintiff's alleged failure to properly conciliate. See id. 23 Prior to filing suit under the ADEA, the EEOC must attempt conciliation with the 24 employer. 29 U.S.C. § 626(d); EEOC v. Pan American World Airways, Inc., 897 F.2d 1499, 25 1505 n.5 (9th Cir. 1990); see also EEOC v. Bruno's Restaurant, 13 F.3d 285, 288 (9th Cir. 1992). 26 27 28
Plaintiff also has a motion for summary judgment set for hearing on July 26, 2010. However, this order c o n c e r n s an argument made in Defendant's motion.
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

) ) ) Plaintiff, ) ) v. ) ) TIMELESS INVESTMENTS, INC. dba ) EZ TRIP GOLDEN STATE ) CONVENIENCE AND AUTO/TRUCK ) PLAZA, and DOES 1-5, inclusive, ) ) Defendant. ) ) ____________________________________)

1:08-cv-1469 AWI SMS ORDER FOR ADDITIONAL BRIEFING TO BE FILED BY 4:00 P.M. JULY 13, 2010

is set for hearing on July 26, 2010.1 In Defendant's motion, Defendant argues in part that

Dockets.Justia.com

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Some courts have approved the dismissal of the case and the award of attorney's fees against the EEOC for a failure to engage in a good faith conciliation. E.g. EEOC v. Asplundh Tree Expert Co., 340 F.3d 1256, 1261 (11th Cir. 2003). However, it has also been held that courts have the authority to stay judicial proceedings in order for the EEOC to make further conciliation efforts. E.g. Brennan v. Ace Hardware Corp., 495 F.2d 368, 376 (8th Cir. 1974). The Court believes that additional briefing on the issue of whether the Court should stay the proceedings for further conciliation efforts (if the Court later finds that the EEOC did not conciliate in good faith)2 would be beneficial.

Accordingly, IT IS HEREBY ORDERED that: 1. On or by 4:00 p.m. July 13, 2010, the parties shall each file a brief on the issue of whether the Court should stay the proceedings for further conciliation efforts if the Court later finds that the EEOC did not conciliate in good faith; and 2. All other dates and deadlines remain unchanged.

IT IS SO ORDERED. Dated: 0m8i78 July 3, 2010 CHIEF UNITED STATES DISTRICT JUDGE

The Court emphasizes that it has not determined that the EEOC breached the duty to conduct a good faith c o n c ilia tio n . The Court merely wishes to hear the parties' respective positions on the possibility of a stay for further c o n c ilia tio n proceedings.

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