Butterson v. Mekra Tool & Mold LLC et al

Filing 17

ORDER granting 14 MOTION to Bifurcate Discovery and Incorporated Memorandum in Support filed by. Signed by Magistrate Judge Shiva V Hodges on 6/18/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Dorothy Marie Butterson,
Plaintiff,
vs.
Mekra Tool & Mold, LLC; and Lang
Mekra North America LLC,
Defendants.

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C/A No.: 0:15-1382-TLW-SVH

ORDER

In this employment discrimination case, Dorothy Marie Butterson (“Plaintiff”)
sues Mekra Tool & Mold, LLC (“MTM”) and Lang Mekra North America LLC
(collectively “Defendants”). While Plaintiff’s complaint alleges only a cause of action
pursuant to the Family Medical Leave Act, 29 U.S.C. §§ 2601 et seq. (“FMLA”), she has
indicated her intent to amend the complaint to add causes of action pursuant to
Americans with Disabilities Act, as amended, 42 U.S.C. §§ 12101 et seq. (“ADA”) and
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”). [ECF
No. 1 at ¶¶ 1, 4; ECF No. 14 at 2].
This matter comes before the court on Defendants’ motion to bifurcate discovery.
[ECF No. 14]. Defendants request the court bifurcate discovery by limiting the first phase
of discovery to issues relevant to whether Defendants meet the applicable threshold
requirements under the FMLA, the ADA, and Title VII. Id. Plaintiff did not file a
response to the motion. Therefore, pursuant to Local Civ. Rule 7.06 (D.S.C.), the court
rules on the motion on the record before it.

Plaintiff alleges Defendants are joint or integrated employers, which Defendants
deny. If Defendants are not found to be joint employers, this case may be dismissed
based on Plaintiff’s failure to show her employer meets the threshold limits of the FMLA,
the ADA, or Title VII. Because Defendants have shown bifurcation may eliminate the
need for costly discovery and Plaintiff has not shown she would be prejudiced by
bifurcation, the undersigned grants Defendants’ motion. The court will enter a separate
scheduling order.
IT IS SO ORDERED.

June 18, 2015
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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