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13-046 - EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WOMBLE CARLYLE SANDRIDGE & RICE, LLP


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13-046 - EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WOMBLE CARLYLE SANDRIDGE & RICE, LLP
January 6, 2014
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MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 01/06/2014; that Defendant's Motion for Spoliation Sanctions (Docket Entry 17) be granted in part in that the Court should order the EEOC and/or Jennings to pay Womble Carlyle's reasonable expenses, including attorney fees, incurred in its attempts to conduct additional discovery regarding mitigation of damages and in bringing the instant Motion, be denied in part in that the Court should not strike the EEOC's demand for back pay for Jennings, and be deferred in part in that the trial judge should determine whether the circumstances at trial warrant issuing an adverse inference instruction. ORDERED that, on or before January 27, 2014, Womble Carlyle shall serve the EEOC with a statement of reasonable expenses, including attorney fees, incurred in its attempts to conduct additional discovery regarding mitigation of damages and in bringing the instant Motion. FURTHER that, if Womble Carlyle timely serves the EEOC with a statement of its reasonable expenses, on or before February 17, 2014, the EEOC shall file either: 1) a Notice indicating its agreement that the claimed expenses are reasonable; or 2) a memorandum of no more than five pages contesting the reasonableness of the claimed expenses, as well as a certification that it has conferred in good faith with Womble Carlyle about this issue. FURTHER that, on or before March 3, 2014, Womble Carlyle shall file a response of no more than five pages to any memorandum timely filed by the EEOC contesting the reasonableness of the claimed expenses. FURTHER that, on or before March 10, 2014, the EEOC may file a reply of no more than three pages to any response filed by Womble Carlyle regarding the reasonableness of the claimed expenses. (Garland, Leah)
March 24, 2014
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MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 03/24/2014; that $22,900.00 represents the reasonable expenses, including attorney's fees, incurred by Defendant in attempting to conduct additional discovery regarding mitigation of damages and in bringing its Motion for Spoliation Sanctions. (Garland, Leah)
April 29, 2014
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ORDER signed by JUDGE CATHERINE C. EAGLES on 04/29/2014 affirming and adopting the Magistrate Judge's Recommendation (Doc. 24) and Order (Doc. 37) in full that; 1. The defendant's Motion for Sanctions (Doc. 17) is GRANTED for the reasons stated in the Recommendation (Doc. 24) and in the amount found in the Order (Doc. 37) entered by the Magistrate Judge; 2. The plaintiff's objections (Doc. 38) to the Magistrate Judge's Order (Doc. 37) are OVERRULED; and 3. Within 120 days, the plaintiff shall pay to the defendant the sum of $22,900 to reimburse the defendant for its reasonable expenses incurred in attempting to conduct additional discovery regarding mitigation of damages and in bringing its motion for sanctions. (Garland, Leah)
June 26, 2014
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MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 06/26/2014; that Womble Carlyle's motion for summary judgment, (Doc. 27), is GRANTED as to all claims. (Garland, Leah)