U.S. Equal Employment Opportunity Commission v. CVS Pharmacy, Inc.

Filing 59

MEMORANDUM Opinion and Order Signed by the Honorable John W. Darrah on 9/9/2016. (bg, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
EQUAL EMPLOYMENT
OPPORTUNITY COMISSION,

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Plaintiff,
v.
CVS PHARMACY, INC.,
Defendant.

Case No. 14-cv-863
Judge John W. Darrah

MEMORANDUM OPINION AND ORDER
On June 13, 2016, Defendant filed a Motion to Lift the Stay and Set Schedule for Fee
Motion and Accompanying Exchange of Records or Evidence [52]. For the reasons set forth
below, Defendant’s Motion [52] is granted.
BACKGROUND
The Equal Employment Opportunity Commission (the “EEOC”) filed suit against
CVS Pharmacy, Inc., alleging a pattern or practice of resistance to the full enjoyment of rights
secured by Title VII of the Civil Rights Act of 1964 in violation of 42 U.S.C. 2000-e6(a).
Defendant filed a Motion to Dismiss or, in the Alternative, for Summary Judgment, which was
granted on October 7, 2014. Defendant filed an Unopposed Motion to Stay the Deadlines for
Any Fee Motion, which was granted on December 2, 2014. Three days later, Plaintiff filed a
Notice of Appeal. The Seventh Circuit upheld the grant of summary judgment in favor of
Defendant on December 17, 2015. Plaintiff’s petition for rehearing en banc was denied on
March 9, 2016. On June 13, 2016, Defendant filed the present Motion.

LEGAL STANDARD
District courts have discretion in interpreting and enforcing local rules. Stevo v. Frasor,
662 F.3d 880, 886 (7th Cir. 2011) (citing Woods v. City of Chicago, 234 F.3d 979, 990 (7th Cir.
2000); Borcky v. Maytag Corp., 248 F.3d 691, 697 (7th Cir. 2001)).
ANALYSIS
Under Local Rule 54.3, a fee motion “shall be filed and served no later than 91 days after
the entry of the judgment or settlement agreement on which the motion is founded” unless the
court sets a different schedule for such a filing. Defendant’s Unopposed Motion to Stay the
Deadlines for Any Fee Motion, which was granted on December 2, 2014, requested to “[stay] the
deadlines contained in Local Rule 54.3 and all associated steps or motions until the conclusion of
any appellate process.” (Dkt. 35, p. 7) (emphasis added). The EEOC argues that the operative
language, and the language they agreed to, is earlier in the motion: “the [EEOC] informed
[Defendant] that it would not oppose a motion by [Defendant] that seeks permission to defer any
fee motion until the latter of either the expiration of time for filing a notice of appeal or an
appellate decision in the matter if the Commission pursues an appeal.” (Id. at p. 2) (emphasis
added). Under Plaintiff’s reading, a fee motion should have been filed by March 17, 2016, 91
days after the Seventh Circuit’s ruling on December 17, 2015.
As the purpose of the stay was to make sure that any fee motion was not affected by a
subsequent appellate decision, the stay was intended to last until all appellate procedures had
been exhausted. See (Dkt 35, p. 2) (“If the EEOC appeals, any decision by the U.S. Court of
Appeals for the Seventh Circuit and any subsequent appellate decision could affect the
motion.”). Further, the EEOC requested a change to the language of the “wherefore” clause to

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include “all associated steps or motions” but did not object to that clause referring to the
appellate process. (Dkt. 56-1, p. 6.) The appellate process is not over until the denial of
certiorari or the lapse of the time for filing a petition for a writ of certiorari. Amcast Indus.
Corp. v. Detrex Corp., 45 F.3d 155, 158 (7th Cir. 1995) (“denial of certiorari . . . marks the end
of the appellate process”). The time for EEOC to petition for certiorari ended on June 7, 2016.
Therefore, according to the agreed motion, Defendant has 91 days from June 7, 2016, to file a
fee motion.
CONCLUSION
Defendant’s Motion to Lift the Stay and Set Schedule for Fee Motion and Accompanying
Exchange of Records or Evidence [52] is granted.

Date:

September 9, 2016

/s/______________________________
JOHN W. DARRAH
United States District Court Judge

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