EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. PBM GRAPHICS, INC.

Filing 35

MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 6/28/12, that PBMs motion to dismiss (Doc. 12) isGRANTED with respect to individuals on whose behalf the EEOC is seeking relief whose claims accrued more than 180 days before Octobe r 17, 2005, and who did not also experience discrimination after that date; in all other respects, the motion to dismiss is DENIED. FURTHER that, because the court finds that the EEOC'S delay in bringing this action was unreasonable, as to PBMs motion for summary judgment based on laches (Doc. 14 ) the parties are granted an opportunity to conduct discovery limited to the following: (1) the EEOC must disclose its theory of the case and method for establishing it so that PBM can assess whet her and, if so, how it may be prejudiced; and (2) whether PBM suffered prejudice in fact resulting from the EEOC's unreasonable delay in bringing this lawsuit. The parties shall confer with the Magistrate Judge to develop a schedule for conducti ng this discovery. In all other respects, PBM's motion for summary judgment is DENIED. Following this limited discovery, PBM may renew its motion for summary judgment; or PBM may elect to abandon it, in which case the Magistrate Judge will coordinate a pretrial schedule. (Law, Trina)