Opinion
No. 2:07-cv-02621-JPM-tmp.
April 14, 2010
NOTICE OF DETERMINATION OF ORDER OF PROOF PURSUANT TO FEDERAL RULE OF EVIDENCE 611
Based on the April 14, 2010 pretrial conference and the arguments of the Parties, the Court finds that the question of whether Tripoli II may be held liable as a successor is an equitable determination to be made by the Court. See also Cobb v. Contract Transp., Inc., 452 F.3d 543, 553-54 (6th Cir. 2006). Pursuant to Federal Rule of Evidence 611, the Court hereby determines that the successor liability issue will be tried to the Court, sitting in equity, beginning on April 26, 2010. The jury trial of the underlying Title VII claims is hereby continued until further order of the Court. See EEOC v. Nichols Gas Oil, Inc., F. Supp. 2d 2010 WL 175158 (W.D.N.Y. 2010) (determining prior to Title VII trial whether successor may be liable for damages in the event that damages are awarded at trial); Kennedy v. City of Zanesville, 505 F. Supp. 2d 456, 478-83 (S.D. Ohio 2007) (determining in advance of jury trial whether successor may be liable in the event that jury finds for plaintiffs on substantive discrimination claims). The Parties are excused from filing a proposed jury questionnaire pursuant to the Court's April 14, 2010 order.
IT IS SO ORDERED