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13-1207 - Equal Employment Opportunity Commission v. United Cellular Inc


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13-1207 - Equal Employment Opportunity Commission v. United Cellular Inc
November 13, 2015
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REPORT AND RECOMMENDATION - Based on the foregoing, the undersigned RECOMMENDS: 1. The EEOCs first motion for summary judgment, (doc. 24), be DENIED as MOOT, as it was superseded by the amended first motion for summary judgment, (doc. 26); 2. The EEOCs amended first motion for summary judgment, (doc. 26), should be DENIED, because genuine issues of material fact remain; and 3. The EEOCs second motion for partial summary judgment, (doc. 35), should be DENIED, because United has not stated any affirmative defenses and the arguments raised are more appropriate for trial. Pursuant to 28 U.S.C. ยง 636(b)(1)(C) and Rule 72(b)(2), Fed. R. Civ. P., any party may file specific written objections to this report and recommendation within fourteen (14) days from the date it is filed in the office of the Clerk. Signed by Magistrate Judge John H England, III on 11/13/2015. (KEK)
January 15, 2016
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ORDER ADOPTING 73 REPORT AND RECOMMENDATION: DENYING AS MOOT EEOC's 24 First MOTION for Summary Judgment; DENYING EEOC's 26 Amended MOTION for Summary Judgment; DENYING EEOC's 35 Second MOTION for Partial Summary Judgment. TELEPHONIC Status Conference set for Thursday, 1/28/2016, at 1:30 PM, before Judge Abdul K Kallon. The parties are directed to initiate the call between themselves, then connect the court by dialing 205.278.1852, five minutes prior to the designated call time. Signed by Judge Abdul K Kallon on 1/15/2016. (YMB)