Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Equal Employment Opportunity Commission v. Sterling Jewelers, Inc.

United States District Court, W.D. New York

March 10, 2014

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
STERLING JEWELERS, INC., Defendant

Order Filed: January 2, 2014

Page 58

[Copyrighted Material Omitted]

Page 59

For Equal Employment Opportunity Commission, Plaintiff: Anna Marie Pohl, Konrad Batog, Nora E. Curtin, LEAD ATTORNEYS, U.S. Equal Employment Opportunity Commission, New York District Office, New York, NY; Elizabeth Grossman, U.S. Equal Employment Opportunity Commission, New York, NY; Jeffrey C. Burstein, Equal Employment Opportunity Commission, Newark, NJ; Jennifer Lynn Hope, Equal Employment Opportunity Commission, Philadelphia, PA; Judith Ann Biltekoff, Equal Employment Opportunity Commission, Buffalo, NY; Lawrence Mays, U.S. Equal Employment Opportunity Commission, Cleveland, OH.

For Sterling Jewelers, Inc., Defendant: Brian Daniel Murphy, David Bennet Ross, Gloria Galant, Lorie E. Almon, LEAD ATTORNEYS, Gerald L. Maatman, Jr., Seyfarth Shaw LLP, New York, NY; Jeffrey S. Klein, LEAD ATTORNEY, Weil, Gotschal & Manges, LLP, New York, NY; Scott Patrick Horton, LEAD ATTORNEY, Jaeckle Fleischmann & Mugel, LLP (Bflo), Buffalo, NY; William F. Dugan, LEAD ATTORNEY, PRO HAC VICE, Seyfarth Shaw, Chicago, Il; Daniel B. Klein, PRO HAC VICE, Seyfarth Shaw LLP, Boston, MA.

For Arbitration Claimants, Intervenor: Donald Eppers, LEAD ATTORNEY, Brown & Kelly, LLP, Buffalo, NY; Joseph M. Sellers, LEAD ATTORNEY, PRO HAC VICE, Cohen Milstein Sellers & Toll PLLC, Washington, DC.

OPINION

Page 60

ORDER

HONORABLE RICHARD J. ARCARA, UNITED STATES DISTRICT JUDGE.

The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy pursuant to 28 U.S.C. § 636(b)(1) for pretrial proceedings. On January 2, 2014, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 383) recommending that the motion of defendant Sterling Jewelers, Inc., for partial summary judgment (Dkt. No. 336) be granted to the extent that the claim of plaintiff Equal Employment Opportunity Commission of a nationwide pattern or practice of employment discrimination by defendant Sterling be dismissed, with prejudice, and that the motion be otherwise denied, and that defendant's motion to strike (Dkt. No. 370) be denied, without prejudice.

Upon careful consideration of the Report and Recommendation, the objections of plaintiff EEOC, the response to the objections of the EEOC by defendant Sterling, relevant pleadings of the parties, and having heard oral argument on March 7, 2014, the Court hereby adopts the Report and Recommendation, and it is

ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge McCarthy's Report and Recommendation (Dkt. No. 383), defendant Sterling's motion for partial summary judgment is granted in part and the claim of plaintiff EEOC of a nationwide pattern or practice of employment discrimination by defendant Sterling is dismissed, with prejudice, and it is further

ORDERED, that defendant Sterling's motion for partial summary judgment (Dkt. No. 336), and defendant's motion to strike (Dkt. No. 370), are otherwise denied as moot, and it is further

ORDERED, that the Clerk shall enter Judgment dismissing the action, with prejudice.

IT IS SO ORDERED.

REPORT, RECOMMENDATION AND ORDER

JEREMIAH J. MCCARTHY, United States Magistrate Judge.

Before me are two motions by defendant Sterling Jewelers, Inc. (" Sterling" ): a motion for partial summary judgment [336],[1] and a motion to strike portions of the Statement of Facts of plaintiff Equal Employment Opportunity Commission (" EEOC" ) [370]. Oral argument was held on December 9, 2013 [376]. For the following reasons, Sterling's motion to strike is denied as moot, and I recommend ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.