Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. EEOC v. ILLINOIS DEP'T OF EMPL. SEC.

June 2, 1998

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
ILLINOIS DEPARTMENT OF EMPLOYMENT SECURITY, Defendant.



The opinion of the court was delivered by: ALESIA

MEMORANDUM OPINION AND ORDER

 Before the court are two motions filed by non-party Stampede Meat, Inc. ("Stampede"). These are (1) Stampede's emergency motion to intervene pursuant to Federal Rule of Civil Procedure 24 and (2) Stampede's emergency motion to amend the court's order of April 22, 1998. For the reasons that follow, the court denies both of Stampede's motions.

 I. BACKGROUND

 The United States Equal Employment Opportunity Commission ("the EEOC") is currently investigating a Charge of Discrimination filed by Clarence Davidson. (Stampede Meat, Inc.'s Emergency Mot. To Intervene (hereinafter "Stamp.'s Mot.") P 1.) In his charge, Davidson alleges that Stampede failed to hire him and other African American applicants because of their race in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). (Stamp.'s Mot. P 5; Pl.'s Application for Order To Show Cause Why Subpoenas Should Not Be Enforced (hereinafter "Pl.'s App.") at 2.)

 On October 1, 1997, the EEOC served two subpoenas on the Illinois Department of Employment Security ("the IDES"), a state agency which referred job applicants to Stampede. (Pl.'s App. at 2.) The first subpoena required the IDES to produce "all applications for Stampede Meat, and all referral letters." (Id. Ex. A.) The second subpoena required the IDES to provide the "testimony of Rosa Flores," an IDES employee. (Id. Ex. B.) The IDES refused to comply with the subpoenas, explaining that it would only do so if ordered by a court. (Id. at 2.)

 On April 9, 1998, the EEOC filed an "Application To Show Cause Why Subpoenas Should Not Be Enforced." (Id.) The EEOC requested this court to compel the IDES to comply with the subpoenas. (Id. at 3.) The court has jurisdiction to order such compliance pursuant to section 710 of Title VII, 42 U.S.C. § 2000e-9, which incorporates section 11 of the National Labor Relations Act, 29 U.S.C. § 161.

 On April 22, 1998, the court granted the EEOC's motion for an order enforcing the subpoenas. (Ct.'s Order of April 22, 1998.) The court ordered the documents to be produced no later than May 22, 1998. (Id.) On April 30, 1998, non-party Stampede filed two motions: (1) an emergency motion to intervene and (2) an emergency motion to amend the court's order of April 22, 1998. The court addresses each of these motions in turn.

 II. DISCUSSION

 A. Stampede's motion to intervene

 1. Intervention as a matter of right under Rule 24 (a)(2)

 Stampede's first motion is a motion to intervene in this enforcement proceeding. Stampede argues that it is entitled to intervene as a matter of right in this action pursuant to Federal Rule of Civil Procedure 24(a)(2) ("Rule 24(a)(2)"). *fn1"

 In pertinent part, Rule 24(a)(2) provides:

 
(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: ... when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.

 FED. R. CIV. P. 24(a)(2). The proposed intervenor must meet the following four requirements in order to intervene pursuant to Rule 24(a)(2): "(1) timely application; (2) an interest relating to the subject matter of the action; (3) potential impairment, as a practical matter, of that interest by the disposition of the action; and (4) lack of adequate representation of that interest by the existing parties to the action." Reich v. ABC/York-Estes Corp., 64 F.3d 316, 321 (7th Cir. 1995); United States v. 36.96 Acres of Land, 754 F.2d 855, 858 (7th Cir. 1985). The court must deny the application for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.