Opinion
Case No. 04-40132
02-27-2013
Mirna E. Serrano et al., individually and on behalf of others similarly situated, Plaintiffs, and Equal Employment Opportunity Commission, Plaintiff-Intervenor, v. Cintas Corporation, Defendant.
Honorable Sean F. Cox
ORDER
FOLLOWING FEBRUARY 27, 2013, STATUS CONFERENCE
On November 9, 2012, the United States Court of Appeals for the Sixth Circuit issued Serrano v. Cintas Corp., 699 F.3d 884 (6th Cir. 2012), wherein the court vacated judgments in this action, and in Case No. 06-12311, and remanded for further proceedings. The Mandate was issued on January 23, 2013. (Docket Entry No. 1088).
Thereafter, this Court held a Status Conference with the parties in this action on February 27, 2013. As stated on the record and discussed with the parties, the Court hereby ORDERS as follows: 1) Mindful of the Sixth Circuit's suggestion that this Court allow the EEOC to file a second amended complaint upon remand, (see Serrano, 699 F.3d at 899, stating that although the district court's denial of the EEOC's motion to amend was moot, "because we are remanding to the district court to permit the EEOC to proceed under the pattern-or-practice-style framework pursuant to § 706, the district court may wish to reconsider the merits of permitting a second amended complaint in light of the changed circumstances."), this Court hereby ORDERS that the EEOC shall file a second amended complaint no later than March 30, 2013. 2) Counsel for the parties shall meet and confer, in person, to discuss a proposed discovery plan and schedule for proceeding with this case. Counsel should strive to provide the Court with a joint proposed discovery plan and any agreed upon plan shall be submitted to the Court no later than April 29, 2013. 3) If, after meeting and conferring, Counsel are unable to agree upon a joint proposed discovery plan, then each party shall submit their own proposed discovery plan no later than April 30, 2013. 4) The Court shall hold another Status Conference in this matter on May 7, 2013, at 3:00 p.m.
IT IS SO ORDERED.
____________________________
Sean F. Cox
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on February 27, 2013, by electronic and/or ordinary mail.
Jennifer McCoy
Case Manager