EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. PBM GRAPHICS, INC.

Justia Dockets & Filings Fourth Circuit North Carolina Middle District EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. PBM GRAPHICS, INC.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. PBM GRAPHICS, INC.

Plaintiff:	EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Defendant:	PBM GRAPHICS, INC.
Case Number:	1:2011cv00805
Filed:	September 29, 2011
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Durham
Presiding Judge:	THOMAS D. SCHROEDER
Presiding Judge:	P. TREVOR SHARP
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 28, 2012	Filing 35 MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 6/28/12, that PBMs motion to dismiss (Doc. 12) isGRANTED with respect to individuals on whose behalf the EEOC is seeking relief whose claims accrued more than 180 days before Octobe r 17, 2005, and who did not also experience discrimination after that date; in all other respects, the motion to dismiss is DENIED. FURTHER that, because the court finds that the EEOC'S delay in bringing this action was unreasonable, as to PBMs motion for summary judgment based on laches (Doc. 14 ) the parties are granted an opportunity to conduct discovery limited to the following: (1) the EEOC must disclose its theory of the case and method for establishing it so that PBM can assess whet her and, if so, how it may be prejudiced; and (2) whether PBM suffered prejudice in fact resulting from the EEOC's unreasonable delay in bringing this lawsuit. The parties shall confer with the Magistrate Judge to develop a schedule for conducti ng this discovery. In all other respects, PBM's motion for summary judgment is DENIED. Following this limited discovery, PBM may renew its motion for summary judgment; or PBM may elect to abandon it, in which case the Magistrate Judge will coordinate a pretrial schedule. (Law, Trina)

Date Filed

Document Text

June 28, 2012

Filing 35 MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 6/28/12, that PBMs motion to dismiss (Doc. 12) isGRANTED with respect to individuals on whose behalf the EEOC is seeking relief whose claims accrued more than 180 days before Octobe r 17, 2005, and who did not also experience discrimination after that date; in all other respects, the motion to dismiss is DENIED. FURTHER that, because the court finds that the EEOC'S delay in bringing this action was unreasonable, as to PBMs motion for summary judgment based on laches (Doc. 14 ) the parties are granted an opportunity to conduct discovery limited to the following: (1) the EEOC must disclose its theory of the case and method for establishing it so that PBM can assess whet her and, if so, how it may be prejudiced; and (2) whether PBM suffered prejudice in fact resulting from the EEOC's unreasonable delay in bringing this lawsuit. The parties shall confer with the Magistrate Judge to develop a schedule for conducti ng this discovery. In all other respects, PBM's motion for summary judgment is DENIED. Following this limited discovery, PBM may renew its motion for summary judgment; or PBM may elect to abandon it, in which case the Magistrate Judge will coordinate a pretrial schedule. (Law, Trina)

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Defendant: PBM GRAPHICS, INC.
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Plaintiff: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Represented By:	ZOE GABRIELE MAHOOD
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