Equal Employment Opportunity Commission v. AMAZON.COM SERVICES LLC

Filing 9

ORDER: It is hereby ORDERED that by April 3, 2024, the EEOC shall serve Respondent with (1) the papers in support of the application and (2) this Order, and shall file proof of service on the docket. It is further ORDERED that responsive papers, not to exceed fifteen (15) pages, are due by April 19, 2024. The EEOC may file a reply, not to exceed eight (8) pages, by April 26, 2024. All filings shall comply with the Court's Individual Rules., ( Responses due by 4/19/2024, Replies due by 4/26/2024.) (Signed by Judge Lorna G. Schofield on 3/20/2024) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
UNITED STATES EQUAL EMPLOYMENT
:
OPPORTUNITY COMMISSION,
:
Applicant,:
:
-against:
:
AMAZON.COM SERVICES, LLC,
:
Respondent.:
------------------------------------------------------------ X
LORNA G. SCHOFIELD, District Judge:

24 Misc. 125 (LGS)
ORDER

WHEREAS, on March 15, 2024, Applicant U.S. Equal Employment Opportunity
Commission (“EEOC”) filed a petition to enforce an administrative subpoena deuces tecum
against Respondent Amazon.com Services, LLC.
WHEREAS, “[t]he courts’ role in a proceeding to enforce an administrative subpoena is
extremely limited.” Consumer Fin. Prot. Bureau v. L. Offs. of Crystal Moroney, P.C., 63 F.4th
174, 185 (2d Cir. 2023). “To win judicial enforcement of an administrative subpoena, an agency
must show [1] that the investigation will be conducted pursuant to a legitimate purpose, [2] that
the inquiry may be relevant to the purpose, [3] that the information sought is not already within
the agency’s possession, and [4] that the administrative steps required have been followed.” Id.
“It is the respondent’s burden to show that an agency subpoena is unreasonable -- a burden that
is not easily met.” Id.
WHEREAS, despite Respondent’s high burden, they must be given the opportunity to
respond and “demonstrate[] that the subpoena is unreasonable or that compliance would be
unnecessarily burdensome.” E.E.O.C. v. United Parcel Serv., Inc., 587 F.3d 136, 139 (2d Cir.
2009). It is hereby

ORDERED that by April 3, 2024, the EEOC shall serve Respondent with (1) the papers
in support of the application and (2) this Order, and shall file proof of service on the docket. It is
further
ORDERED that responsive papers, not to exceed fifteen (15) pages, are due by April 19,
2024. The EEOC may file a reply, not to exceed eight (8) pages, by April 26, 2024. All filings
shall comply with the Court’s Individual Rules.
Dated: March 20, 2024
New York, New York

2