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Equal Employment Opportunity Commission v. BPOE

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 6, 2009

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF,
v.
ELKS BPOE, JERSEYVILLE, ILLINOIS LODGE NO. 954, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

This matter comes before the Court on Plaintiff-Intervenors' Motion to Intervene (Doc. 14). On its face, the instant matter seems appropriate for intervention pursuant to FEDERAL RULE OF CIVIL PROCEDURE 24(a)(1), which grants intervention as of right when the Plaintiff-Intervenor "is given an unconditional right to intervene by a federal statute."

The Plaintiff-Intervenors are Vicki L. Vickers, Elizabeth Stemm and Jackie Davidson. Plaintiff-Intervenors allege that the basis of the Equal Employment Opportunity Commission's complaint against Defendant Elks BPOE, Jerseyville, Illinois Lodge No. 954 stem from actions Defendant took against Plaintiff-Intervenors while they were employed by Defendant. Plaintiff-Intervenors claim that they may intervene as a matter of right pursuant to FED.R.CIV.PRO. 24(a)(1) with respect to their claims under Section 706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1). Furthermore, to date, none of the other parties have responded and the time to respond has expired. Pursuant to LOCAL RULE 7.1(g), the Court considered this failure an admission of the merits of the motion.*fn1 Accordingly, the Court GRANTS Plaintiff-Intervenors' motion to intervene (Doc. 14). Further, the Court ORDERS Plaintiff-Intervenors' to electronically file their Complaint by August 19, 2009.

IT IS SO ORDERED.

Signed this 6th day of August, 2009.

David R. Herndon Chief Judge United States District Court


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