Free Reply to Response to Motion - District Court of Arizona - Arizona

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MARY JO O'NEILL AZ BAR # 005924 KATHERINE J. KRUSE AZ BAR # 019167 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 Telephone: (602) 640-5029 e-mail: [email protected] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Equal Employment Opportunity Commission, ) ) ) ) Plaintiff, ) ) Kelley J. Miles, ) ) Plaintiff-Intervenor, ) ) vs. ) ) The Boeing Company, a Delaware ) corporation, and Boeing Aerospace Operations, Inc., a Delaware corporation, ) ) ) Defendants. CV 03-1210 PHX PGR PLAINTIFF EEOC'S REPLY IN SUPPORT OF ITS MOTION TO STRIKE OR EXCLUDE EVIDENCE OFFERED BY DEFENDANTS REGARDING SETTLEMENT DISCUSSIONS

Defendants concede, in their response to Plaintiff's Motion to Strike or Exclude the Evidence Regarding Settlement Discussions, that they should not have included in their Memorandum in support of their Attorneys' Fees Motion any discussion of Plaintiffs' settlement offers and Plaintiffs' responses to Defendants' settlement offers. (Defs.' Resp. to Pl.'s Mot. to Strike at 2). Defendants state that they withdraw their entire discussion of the settlement offer, except the statement that "Boeing made a [settlement] offer of $2,500 to settle the entire case." Defendants also withdraw exhibit two to their Memorandum in Support of Their Motion for Attorneys Fees. (Id. at 2-3). Pursuant to Defendants'

concession, as well as the arguments in Plaintiff's Motion, Plaintiff requests that the withdrawn information be stricken. In arguing that they should still be able to set forth their settlement offer, Defendants continue to ignore the signed "Agreement to Mediate" entered into by the parties, attached

Case 2:03-cv-01210-PGR

Document 157

Filed 01/23/2006

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as Exhibit A, to Plaintiff's Motion to Strike, in which they expressly agreed as follows: "The parties agree that all statements made during the course of the mediation are privileged settlement discussions, are made without prejudice to any party's legal position, and are inadmissible for any purpose in any legal or administrative proceeding." (Ex. A to Motion to Strike (emphasis added)). Plaintiff requests that the Court hold Defendants to their signed Agreement by striking all references to settlement discussions contained in the Memorandum submitted in support of Defendants' Motion for Attorneys' Fees, and the Exhibit Two thereto. Plaintiff also continues to request that all of this information, as well as Exhibit One to the Memorandum, be stricken or not considered for all of the other reasons set forth in its Motion to Strike. Defendants' Response provides no rationale for continuing to offer Exhibit One. As stated in the Motion to Strike, Plaintiff asks that all stricken material be stricken from the electronic case file as well. Therefore, Plaintiff respectfully requests that

Defendants' current Memorandum of Points and Authorities, and Exhibits One and Two thereto, be stricken in entirety from the electronic record, and that Defendants be ordered to resubmit the Memorandum minus any information regarding the parties' confidential settlement discussions. RESPECTFULLY SUBMITTED this 23rd day of January, 2006. MARY JO O'NEILL Regional Attorney s/Katherine J. Kruse KATHERINE J. KRUSE Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 North Central Ave., Suite 690 Phoenix, Arizona 85012-2504 (602) 640-5029 Attorneys for Plaintiff

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I certify that on this 23rd day of January, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Tibor Nagy, Jr., Esq. Erica Rocush, Esq. Snell & Wilmer, L.L.P. One South Church Avenue, Suite 1500 Tucson, Arizona 85701-1630 Attorneys for Defendants Richard L. Green, Esq. Paul D. Friedman, Esq. O'Steen and Harrison 300 West Clarendon Ave., Suite 400 Phoenix, Arizona 85013 Attorneys for Plaintiff-Intervenor

s/ Katherine J. Kruse

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