Serrano v. Cintas Corporation

Filing 1094

ORDER Following Status Conference. (Status Conference set for 5/7/2013 03:00 PM before District Judge Sean F. Cox) Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Mirna E. Serrano et al., individually
and on behalf of others similarly
situated,
Plaintiffs,
and

Case No. 04-40132

Equal Employment Opportunity
Commission,

Honorable Sean F. Cox

Plaintiff-Intervenor,
v.
Cintas Corporation,
Defendant.
_________________________________/
ORDER
FOLLOWING FEBRUARY 27, 2013, STATUS CONFERENCE
On November 9, 2012, the United States Court of Appeals for the Sixth Circuit issued
Serrano v. Cintas Corp., 699 F.3d 884 (6th Cir. 2012), wherein the court vacated judgments in
this action, and in Case No. 06-12311, and remanded for further proceedings. The Mandate was
issued on January 23, 2013. (Docket Entry No. 1088).
Thereafter, this Court held a Status Conference with the parties in this action on February
27, 2013. As stated on the record and discussed with the parties, the Court hereby ORDERS as
follows:
1)

Mindful of the Sixth Circuit’s suggestion that this Court allow the EEOC to file a second
amended complaint upon remand, (see Serrano, 699 F.3d at 899, stating that although the
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district court’s denial of the EEOC’s motion to amend was moot, “because we are
remanding to the district court to permit the EEOC to proceed under the pattern-orpractice-style framework pursuant to § 706, the district court may wish to reconsider the
merits of permitting a second amended complaint in light of the changed
circumstances.”), this Court hereby ORDERS that the EEOC shall file a second
amended complaint no later than March 30, 2013.
2)

Counsel for the parties shall meet and confer, in person, to discuss a proposed discovery
plan and schedule for proceeding with this case. Counsel should strive to provide the
Court with a joint proposed discovery plan and any agreed upon plan shall be submitted
to the Court no later than April 29, 2013.

3)

If, after meeting and conferring, Counsel are unable to agree upon a joint proposed
discovery plan, then each party shall submit their own proposed discovery plan no later
than April 30, 2013.

4)

The Court shall hold another Status Conference in this matter on May 7, 2013, at 3:00
p.m.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge

Dated: February 27, 2013
I hereby certify that a copy of the foregoing document was served upon counsel of record on
February 27, 2013, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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