Lyons v. Secretary of the Air Force

Filing 9

ENTRY AND ORDER GRANTING DEFENDANT'S AMENDED MOTION TO STAY 7 . Defendant is ORDERED to file quarterly updates with the Court concerning the progress of the EEOC investigation. Signed by Judge Thomas M Rose on 11/29/12. (ep)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Bridget E. Lyons, Plaintiff, v. Case No. 3:12-cv-142 Judge Thomas M. Rose Michael B. Donley, Secretary of the Air Force, Defendant. ENTRY AND ORDER GRANTING AMENDED MOTION TO STAY, DOC. 7. DEFENDANT’S Pending before the Court is Defendant’s Amended Motion to Stay Proceedings. Doc. 7. Therein, Defendant requests that the Court stay the instant case pending the resolution of Plaintiff’s administrative claim before the Equal Employment Opportunity Commission. Plaintiff’s complaint states claims for sex discrimination and reprisal. The pending EEOC investigation relates to Plaintiff’s claim of sex discrimination and retaliation. The purpose of an EEOC charge is to give “notice to the alleged wrongdoer of its potential liability” and enable the EEOC “to initiate conciliation procedures in attempt to avoid litigation.” Dixon v. Ashcraft, 392 F.3d 212, 217 (6th Cir. 2004). Pursuing litigation during the pendency is contrary to this purpose and potentially wastes resources of the parties and the judiciary. For this reason, the Court GRANTS Defendant’s Amended Motion to Stay Proceedings. Doc. 7. Defendant is ORDERED to file quarterly updates with the Court concerning the progress of the EEOC investigation. DONE and ORDERED in Dayton, Ohio, this Thursday, November 29, 2012. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE -2-

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