U.S. Equal Employment Opportunity Commission v. PC Iron, Inc. et al

Filing 100

ORDER Requesting New Proposed Pre-Trial Order. Signed by Judge Cathy Ann Bencivengo on 7/10/2018.(anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

ORDER REQUESTING NEW
PROPOSED PRE-TRIAL ORDER

Plaintiff,

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Case No.: 3:16-cv-02372-CAB-(WVG)

ELSA PEREZ

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Plaintiff-Intervenor

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v.
PC IRON, INC.,

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Defendant.

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On July 9, 2018, this Court dismissed Plaintiff-Intervenor’s complaint in

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intervention brought against Defendant. [Doc. No. 99.] In light of the settlement of

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Plaintiff-Intervenor’s individual claims, the EEOC cannot obtain any victim specific make-

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whole monetary relief on her behalf because such claims are now moot. EEOC v. Waffle

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House, Inc., 534 U.S. 279, 296-97 (2002) (if a plaintiff accepts a monetary settlement “any

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recovery by the EEOC would be limited accordingly” and “it goes without saying that the

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courts can and should preclude double recovery by an individual.”); EEOC v. Goodyear

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Aerospace Corp., 813 F.2d 1539, 1543 (1987) (employee’s settlement “rendered her

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personal claim moot.”). This means the only remaining cause of action is the EEOC’s

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request for injunctive relief.

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3:16-cv-02372-CAB-(WVG)

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Accordingly, the parties are hereby ORDERED to resubmit a proposed pretrial

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order by July 17, 2018, making the necessary changes to the appropriate sections of the

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previously submitted pre-trial order, including the sections titled: causes of action,

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elements of claim, damages and defenses; witnesses; trial exhibits; list of all deposition

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transcripts that will be offered at trial and; trial estimate. The parties should bear in mind

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that this matter will now be a bench trial. See 42 U.S.C § 1981(a).

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It is SO ORDERED.
Dated: July 10, 2018

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3:16-cv-02372-CAB-(WVG)