Equal Employment Opportunity Commission v. Missoula Mac, Inc.

Filing 73

ORDER approving for trial 70 Claim List by Plaintiff Equal Employment Opportunity Commission, 71 Claim List by Intervenor Plaintiffs MyLinda Brown, Lori Dunse, Samantha Gay. Signed by District Judge Barbara B. Crabb on 6/13/2012. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

ORDER

and

11-cv-267-bbc

LORI DUNSE, MYLINDA BROWN and SAMANTHA GAY,
Intervenor Plaintiffs,
v.
MISSOULA MAC, INC. d/b/a
McDONALD’S RESTAURANTS,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In an order dated May 23, 2012, I directed plaintiffs to submit a list of all the claims
they intend to assert at trial and I gave defendant an opportunity to object to the inclusion
of any of those claims. Plaintiffs have submitted their lists and defendant has filed an
objection to a claim brought by plaintiff Equal Employment Opportunity Commission on
behalf of Sapphire Huffman. Defendant argues that plaintiff EEOC’s discovery responses
led defendant to believe that plaintiff had abandoned any claim as to Huffman, which is why
defendant did not include that claim in its motion for partial summary judgment.
Defendant’s own summary judgment submissions belie the position it is taking now.
In its reply brief in support of its motion for summary judgment, it identified Huffman as
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one of the employees that was the subject of plaintiff EEOC’s claims and it stated that it was
not “challenging the claims of . . . Huffman” for the purpose of summary judgment. Dft.’s
Br., dkt. #53, at 6-7. With respect to Huffman and several other employees, defendant said
that its
positions regarding those claimants are as follows: certain of the alleged events
did not occur; certain events may have occurred, but are embellished or greatly
exaggerated; some events did occur, were reported to the employer and
appropriate corrective action [was] taken with no recurrence; and some events
may have occurred, but were never reported to management.
Id. at 7 n.5.
This discussion shows that defendant was aware that Huffman was still part of the
case. Because defendant did not object to Huffman’s inclusion in the case at summary
judgment, it is disingenuous for defendant to claim now that it was unfairly surprised by
plaintiff EEOC’s inclusion of Huffman in its claims.

ORDER
IT IS ORDERED that the lists of claims filed by plaintiffs Equal Employment
Opportunity Commission, Lori Dunse, Mylinda Brown and Samantha Gay, dkt. ##70 and
71, are APPROVED for trial.
Entered this 13th day of June, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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