IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE i
CATHERINE M. ALRED, )
Plaintiftl g
)
v. )
ELI LILLY AND COMPANY, an Indiana g Civil Action No. 08—92 J} F
Corporation, and MICHAEL ANDERSON, )
) JURY TRIAL DEMANDED
Defendants. g
- JOINT STIPULATED
MOTION TO STAY
By this action, piaintiff Catherine M. Atred (herein, “Alredâ€) and defendants Eli Liily and
Company and Michael Anderson (jointly "Lil1y" and collectively with Alred, the "Parties"), by
and through their undersigned counsel, hereby jointly move for a stay of discovery and further
prosecution of this action pending Aired's receipt of a federal Right to Sue Notice from the Equal 1
Employment Opportunity Commission ("EEOC"). in support of this motion, the Parties
respectfully represent as follows:
1. On April 24, 2007, Alred dual—filed a charge of discrimination (the "Charge")
with the Delaware Department of Labor (the “DDOLâ€) and the EEOC. Alred is required hy law
to exhaust administrative remedies through the DDOL and EEOC before tiling suit for certain
claims at issue in the Charge. Alred has not yet received a federal Right to Sue Notice from the
EEOC.
2. Dining the DDOI. and EEOC’s investigations of the Charge, the statute of
limitations period continued to run under the Family and Medical Leave Act ("FMLAâ€), 29
U.S.C. § 2601 et seq. Alred tiled a complaint (the "Co1nptaintâ€) initiating this action on
Case 1:08-cv-00092-JJF Document 12 Filed 08/15/2008 Page 2 of 3
February 12, 2008. The Complaint includes a single count under the FMLA. Alred represents
that she intends to seek amendment of the Complaint pending receipt of a Right to Sue Notice
from the EEOC to add clainis asserted in her Charge.
3. On August 6, 2008, this Court ordered the Parties to confer and present to the
Court a Proposed Pretrial Scheduling Order on or before Wednesday, August 20, 2008.
4. On August 13, 2008, while the Parties were in the process of conferring, the
Parties received a state Final Determination and Right to Sue Notice from the DDOL. The
parties must now engage in mandatory conciliation, which presently is scheduled for August 26,
2008.
5. The Parties respectfully submit that judicial economy can be preserved and costs
of litigation can be minimized if the captioned case is stayed until the Farties proceed through the
DDOL conciliation process and Aired receives her federal Right to Sue Notice from the EEOC.
In particular, by Waiting for the administrative procedures to run their course and the Complaint
to be amended as described herein, the Parties will be able to conduct discovery and otherwise
proceed in this litigation in a more effective and orderly fashion.
Case 1:08-cv-00092-JJF Document 12 Filed 08/15/2008 Page 3 of 3
BAKER & DAQNIELS LLP CONNOLLY BOVE LODGE & HUTZ LLP
/s/ David S. Wagner /s/ Timothy M. Holly
David S. Wagner (Admitted Pro Hao Vioe) Matthew P. Eoyer (Del. Bar No. 2564)
Craig M. Borowski (Admitted Pro Hao Vice) Email: [email protected]
Email: david.wagr1er@ba1
300 North Meridian Street, Suite 2700 The Nemours Building
Indianapolis, IN 46204 1007 North Orange Street
3 17 -237 -0300 P.O. Box 2207
Wilmington, Delaware 19899
PEPPER HAMILTON LLP (302) 658-914l
M. Duncan Grant (Del. Bar No. 2994) Attorneys for Plaintw
1313 North Market Street, Suite 5100
P.O. Box 1709
Wiimington, DE 198994709
Teiephone: (302) 77'7—6500
Attorneys for Defendant
Date: August 15, 2008
cern; 629419
Case 1:08-cv-00092-JJF Document 12-2 Filed 08/15/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CATHEREQE M. ALRED, )
)
Plaintifi )
)
v. )
)
ELI LILLY AND COMPANY, an Indiana ) Civil Action No. O8—92 JLFF
Corporation, and MICHAEL ANDERSON, )
) JURY TRIAL DEMANDED
)
Defendaiits. )
ORDER
AND NOW, this day of , 2008, the Court having considered the
Joint Stipulated Motion to Stay,
IT IS HEREBY ORDERED that the Motion is GRANTED.
IT IS SO ORDERED.
The Honorable Joseph J. Farnan, Jr. __ U _
Case 1:08-cv-00092-JJF
Document 12
Filed 08/15/2008
Page 1 of 3
Case 1:08-cv-00092-JJF
Document 12
Filed 08/15/2008
Page 2 of 3
Case 1:08-cv-00092-JJF
Document 12
Filed 08/15/2008
Page 3 of 3
Case 1:08-cv-00092-JJF
Document 12-2
Filed 08/15/2008
Page 1 of 1
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms