Equal Employment Opportunity Commission v. Sterling Jewelers Inc.

Filing 43

-CLERK TO FOLLOW UP-ORDER granting in part and denying in part 30 Motion for Order to Show Cause; adopting Report and Recommendation re 42 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 10/16/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
ORDER
11-CV-938A

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)(B). On September 23,
2013, Magistrate Judge McCarthy filed a Report and Recommendation [30],
recommending that plaintiff EEOC’s application to enforce an administrative
subpoena be granted to the extent that EEOC subpoena #NY-A12-009 be
enforced as follows:
-

Requests 1, 5, 7, and 12 be enforced to the extent of requiring Sterling
Jewelers to confirm in writing whether its search for responsive information
included a search of its ESI, and if it has not undertaken such a search, that
it do so; and for the documents produced thus far in response to Requests 5,
7, and 12 that Sterling Jewelers identify which documents were produced in
response to each request;

-

Requests 3, 4, 6, 8, 14, and 15 be enforced, as narrowed, to seek only

documents and ESI concerning employee disclosures of compensation; and
-

Requests 9, 10, 11, and 13 be enforced in their entirety; and that the
remaining aspects of the EEOC’s application, including its request for costs
be denied.
The Court has carefully reviewed the Report and Recommendation,

the record in this case, and the pleadings and materials submitted by the parties,
and no objections having been timely filed, it is hereby
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,
EEOC subpoena #NY-A12-009 is enforced to the extent specified in the Report
and Recommendation, and other relief denied.
The Clerk shall terminate the action.
SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: October 16, 2013

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