Equal Employment Opportunity Commission v. Sterling Jewelers, Inc.

Filing 392

ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 383 as filed on January 2, 2014 granting defendant Sterling's Motion for Partial Summary Judgment 336 in part, so that the claim of plaintiff EEOC of a nat ionwide pattern or practice of employment discrimination by defendant Sterling is dismissed, with prejudice, and further, that defendant Sterlings motion for partial summary judgment 336 , and defendants motion to strike 370 , are otherwise denied as moot. The Clerk of Court shall enter Judgment dismissing the action, with prejudice. -CLERK TO FOLLOW UP-. Signed by Hon. Richard J. Arcara on 3/10/2014. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
ORDER
08-CV-00706-A

v.
STERLING JEWELERS, INC.,
Defendant.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy pursuant to 28 U.S.C. § 636(b)(1) for pretrial proceedings. On January 2,
2014, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 383)
recommending that the motion of defendant Sterling Jewelers, Inc., for partial summary
judgment (Dkt. No. 336) be granted to the extent that the claim of plaintiff Equal
Employment Opportunity Commission of a nationwide pattern or practice of
employment discrimination by defendant Sterling be dismissed, with prejudice, and that
the motion be otherwise denied, and that defendant’s motion to strike (Dkt. No. 370) be
denied, without prejudice.
Upon careful consideration of the Report and Recommendation, the objections
of plaintiff EEOC, the response to the objections of the EEOC by defendant Sterling,
relevant pleadings of the parties, and having heard oral argument on March 7, 2014,
the Court hereby adopts the Report and Recommendation, and it is
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth
in Magistrate Judge McCarthy’s Report and Recommendation (Dkt. No. 383), defendant

Sterling’s motion for partial summary judgment is granted in part and the claim of
plaintiff EEOC of a nationwide pattern or practice of employment discrimination by
defendant Sterling is dismissed, with prejudice, and it is further
ORDERED, that defendant Sterling’s motion for partial summary judgment (Dkt.
No. 336), and defendant’s motion to strike (Dkt. No. 370), are otherwise denied as
moot, and it is further
ORDERED, that the Clerk shall enter Judgment dismissing the action, with
prejudice.
IT IS SO ORDERED.

Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
Dated: March 10, 2014