Equal Employment Opportunity Commission v. 786 South LLC

Filing 77

NOTICE OF DETERMINATION OF ORDER OF PROOF PURSUANT TO FEDERAL RULE OF EVIDENCE 611. Signed by Chief Judge Jon Phipps McCalla on 4/15/10. (McCalla, Jon)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, vs. 786 SOUTH LLC, and TRIPOLI II, INC., Defendants. ) ) ) ) ) ) ) ) ) ) )

No. 2:07-cv-02621-JPM-tmp

NOTICE OF DETERMINATION OF ORDER OF PROOF PURSUANT TO FEDERAL RULE OF EVIDENCE 611 Based on the April 14, 2010 pretrial conference and the arguments of the Parties, the Court finds that the question of whether Tripoli II may be held liable as a successor is an equitable determination to be made by the Court. See also Cobb

v. Contract Transp., Inc., 452 F.3d 543, 553-54 (6th Cir. 2006). Pursuant to Federal Rule of Evidence 611, the Court hereby determines that the successor liability issue will be tried to the Court, sitting in equity, beginning on April 26, 2010. jury trial of the underlying Title VII claims is hereby continued until further order of the Court. See EEOC v. Nichols The

Gas & Oil, Inc., --- F. Supp. 2d ----, 2010 WL 175158 (W.D.N.Y. 2010) (determining prior to Title VII trial whether successor may be liable for damages in the event that damages are awarded 1

at trial); Kennedy v. City of Zanesville, 505 F. Supp. 2d 456, 478-83 (S.D. Ohio 2007) (determining in advance of jury trial whether successor may be liable in the event that jury finds for plaintiffs on substantive discrimination claims). The Parties

are excused from filing a proposed jury questionnaire pursuant to the Court's April 14, 2010 order. IT IS SO ORDERED this 15th day of April, 2010. /s/ Jon P. McCalla_______ JON P. McCALLA CHIEF U.S. DISTRICT JUDGE

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