EEOC v. Union Pacific Railroad Company

Filing 32

ORDER signed by Judge Lynn Adelman on 11/9/15 that my October 15, 2015 Order requiring respondent to comply with petitioners subpoena is STAYED pending resolution of respondents motion to stay. Respondent need not comply with the subpoena until I dec ide whether to stay the order pending appeal. Further ordering the parties to meet and confer and attempt to agree upon an expedited briefing schedule. They shall file a report with the court on orbefore November 16, 2015 summarizing their efforts. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Petitioner,
v.

Case No. 14-mc-052
Appeal No. 15-3452

UNION PACIFIC RAILROAD COMPANY,
Respondent.
_____________________________________________________________________
ORDER
Petitioner the Equal Employment Opportunity Commission (“EEOC”) filed this
miscellaneous case seeking enforcement of an administrative subpoena it issued to
respondent Union Pacific Railroad Company. On October 15, 2015, I entered an order
enforcing the EEOC’s subpoena and ordering Union Pacific to comply within thirty days.
Union Pacific has appealed that decision, and on November 4, it filed a motion to stay my
order pending resolution of the appeal. Because of the looming compliance deadline, it has
also requested that its motion to stay either be resolved via oral argument or that I expedite
the briefing schedule.
Because of two trials currently scheduled in my court, I am unable to accommodate
a request for oral arguments before the compliance deadline. However, I will stay my order
pending resolution Union Pacific’s motion to stay. The parties should attempt to agree on
an expedited briefing schedule and report to me on or before November 16. If the parties
are unable to agree on a briefing schedule, they should indicate so in their report, and I will
set a briefing schedule at that time.
THEREFORE, IT IS ORDERED that my October 15, 2015 Order requiring

respondent to comply with petitioner’s subpoena is STAYED pending resolution of
respondent’s motion to stay. Respondent need not comply with the subpoena until I decide
whether to stay the order pending appeal.
IT IS FURTHER ORDERED that the parties shall meet and confer and attempt to
agree upon an expedited briefing schedule. They shall file a report with the court on or
before November 16, 2015 summarizing their efforts. If they are unable to reach an
agreement on an briefing schedule, I will issue a scheduling order at that time.
Dated at Milwaukee, Wisconsin, this 9th day of November, 2015.
s/ Lynn Adelman
____________________________
LYNN ADELMAN
District Judge

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