Equal Employment Opportunity Commission v. JP Morgan Chase Bank, N.A.

Filing 100

ORDER in reference to telephone conference held on 2/06/12 re 88 MOTION to Compel Automated Call Distribution Evidence, 97 MOTION to Strike Plaintiff's "Supplement to Expert Disclosures Regarding Call and Skill Login Data" of Richard F. Tonowski, Ph.D. are terminated. Signed by Magistrate Judge Norah McCann King on 2/06/12. (rew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
vs.

Civil Action 2:09-CV-864
Judge Smith
Magistrate Judge King

JP MORGAN CHASE BANK, N.A.,
Defendant.
ORDER
The Court conferred with counsel, by telephone, on February 6, 2012,
regarding plaintiff’s motion to compel, Doc. No. 88, and defendant’s
motion to strike, Doc. No. 97.
The parties have agreed to resolve the issues presented in those
motions on the following terms:
1. Plaintiff agrees to withdraw its motion to compel without
prejudice to the right to re-file the motion should the anticipated
motion for summary judgment be denied.
2.

Defendant agrees to withdraw its motion to strike without

prejudice to the right to re-file the motion should the anticipated
motion for summary judgment be denied.
3.

Defendant may depose Richard F. Tonowski, Ph.D., regarding his

supplemental report and thereafter produce a rebuttal expert report
addressing Dr. Tonowski’s supplemental report.
4.

Defendant may file a motion for summary judgment following its

deposition of Dr. Tonowski.
Based on the parties’ agreement, it is ORDERED that
- prior to any refiling of the motion to compel or the motion to
strike, the parties shall attempt to resolve any remaining dispute

relating to those motions.
- Dr. Tonowski shall be deposed on February 21, 2012.
- Defendant shall produce its rebuttal expert report in response to
Dr. Tonowski’s supplemental report no later than March 6, 2012.
- Defendant may have until April 9, 2012 to file its motion for
summary judgment.

That motion shall be briefed within rule.

There will be no extensions of these dates.
The Court concludes that settlement of the action appears at this
juncture to be unlikely.

The Court will therefore not refer the case to

mediation at this point.
This Order resolves the motions reflected at Doc. Nos. 88, 97.

The

Clerk is DIRECTED to remove those motions from the Court’s pending
motions list.

February 6, 2012

s/Norah McCann King
Norah McCann King
United States Magistrate Judge

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