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Equal Employment Opportunity Commission v. World Kitchen

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 2, 2006

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ET AL., PLAINTIFFS
v.
WORLD KITCHEN, INC. AND ALLAN COVIELLO, DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

ORDER

AND NOW, this 2nd day of June, 2006, upon consideration of the motion to dismiss or, alternatively, for summary judgment (Doc. 3), filed by defendant World Kitchen, Inc. ("World Kitchen"), arguing that the court lacks jurisdiction or that summary judgment is appropriate because plaintiff Equal Employment Opportunity Commission ("EEOC") failed to conciliate in good faith before commencing the instant action, see 42 U.S.C. § 2000e-5(b) (providing that the EEOC "shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion"), and the court finding that the EEOC's initial attempt to conciliate was sufficient to meet jurisdictional requirements,*fn1 see EEOC v. Hugin Sweda, Inc., 750 F. Supp. 165, 167-68 (D.N.J. 1990) (finding the EEOC's initial conciliation efforts sufficient for jurisdictional purposes when the EEOC sent letters of violation, spoke to the defendant's counsel only twice, and failed to reschedule a conciliation conference); see also EEOC v. Sears, Roebuck & Co.., 391 F. Supp. 2d 317, 320 (D.N.J. 2005) (setting forth the standard for determining the adequacy of an attempted conciliation), but that the EEOC prematurely ended the conciliation process due to an inadvertent error,*fn2 see Hugin Sweda, Inc., 750 F. Supp. at 168 ("Rather than dismiss the case, if a court finds that further conciliation efforts are required, the proper course is to stay proceedings until such informal proceedings can be concluded."), it is hereby ORDERED that:

1. The motion to dismiss or, alternatively, for summary judgment (Doc. 3) is DENIED.

2. The proceedings in the above-captioned case are STAYED to provide the opportunity for a renewed conciliation attempt.

3. The parties shall file a joint status report concerning the progress of the attempted conciliation on August 4, 2006 or upon the conclusion of the attempted conciliation, whichever first occurs.


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