Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:05-cv-00348-JJF

Document 7

Filed 07/15/2005

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. ) ) ) ) ) Civ. Act. No. 05-0348 (JJF) ) ) ) ) ) ) )

CITIBANK/CITIGROUP GLOBAL MARKETS, INC. Defendant.

MOTION TO ALLOW EEOC ATTORNEY TO APPEAR WITHOUT LOCAL COUNSEL Pursuant to D. Del. L.R. 83.5, the United States respectfully moves this Court for an Order allowing Equal Employment Opportunity Commission ("EEOC") Attorney, Cynthia A. Locke, to appear before this Court without the necessity of associating with local counsel. Additionally, the United States requests that Ms. Locke be provided with an electronic filing password so that she can remotely file pleadings with this Court. In support of this motion, the United States provides the following: 1. The EEOC has independent litigating authority, derived from 42 U.S.C. §§ 2000e4(b)(1) & (b)(2), for private enforcement suits brought by the EEOC under 42 U.S.C. §§ 2000e-5 & 6. The EEOC has designated Cynthia A. Locke as lead counsel for this matter. Ms. Locke has been admitted to practice before this Court pro hac vice. 2. Local Rule 83.5 of this Court requires that an attorney such as Ms. Locke, who has not been admitted to practice by the Supreme Court of Delaware, associate with a member of the bar of this Court who maintains an office in the District of Delaware. D. Del. L.R. 83.5. As set forth below, Ms. Locke is an experienced attorney who has appeared before this Court pro hac vice in

Case 1:05-cv-00348-JJF

Document 7

Filed 07/15/2005

Page 2 of 5

other matters. She also routinely appears before other District Courts without the necessity of associating with AUSAs. Accordingly, requiring that AUSAs review and sign pleadings drafted by the EEOC, and appear at hearings at which Ms. Locke will be the lead attorney, will amount to a duplication of effort. Such a duplication of effort by government attorneys will result in an unnecessary expenditure of public funds for little, or no, public gain. Of note, the District Courts in all of the jurisdictions surrounding this District allow government attorneys such as Ms. Locke to appear without association of local counsel. See E.D.Pa. Local Rule 83.5(e), 83.5.2; Md. Local Rule 701(1)(b); N.J. Local Rule 101.1(f).1 Accordingly, the United States respectfully requests that, in this particular case, the Court waive the local counsel requirement of Local Rule 83.5. 3. EEOC attorney Cynthia A. Locke, has already been admitted to this Court pro hac vice. As such, she has submitted to the disciplinary jurisdiction of this Court, and has certified that she is generally familiar with this Court's Local Rules. 4. Additionally, Ms. Locke is an able and competent attorney. She is a member of the Pennsylvania bar. She has been practicing law with the EEOC since 1988. In that capacity, she has litigated and resolved numerous cases under Title VII, the ADEA and the ADA. She has successfully argued numerous summary judgment motions and has taken and defended well over 200 depositions. Additionally, she has been lead attorney in four trials. The most recent being a favorable jury verdict after a three week trial in the Middle District of Pennsylvania concerning sex discrimination/sexual harassment. EEOC v. Federal Express Corporation, 02-1194. Moreover, Ms. Locke has conducted numerous training sessions for attorneys, Human Resources

The New Jersey Local Rule allows out-of-town government attorneys to appear, but requires service upon the local United States Attorney. However, with the advent of electronic filing, the availability of local service is no longer relevant.

1

Case 1:05-cv-00348-JJF

Document 7

Filed 07/15/2005

Page 3 of 5

professionals, and students about the laws the EEOC enforces, in particular, the Americans with Disabilities Act. Finally, Ms. Locke has previously been admitted pro hac vice in this District for cases: EEOC v. Nanticoke Health Services, 01-182 (SLR). Ms. Locke also recently was lead EEOC attorney in EEOC v. Primary Steel, 04-618 (JJF) and EEOC v. Purdue, 04-1274 (JJF). 5. Undersigned counsel has communicated with counsel for Citibank concerning the subject of this motion and he stated that he has no objection. Accordingly, for the reasons set forth above, the United States respectfully requests that EEOC Attorney, Cynthia A. Locke, be allowed to appear before this Court without local counsel and that she be provided with an electronic filing password so that she can remotely file pleadings with this Court. A proposed order is attached hereto. Respectfully submitted, COLM F. CONNOLLY United States Attorney ____________/S/_____________ Rudolph Contreras Assistant U.S. Attorney Chief, Civil Division 1007 N. Orange Street, Suite 700 (302) 573-6277 ext. 154 [email protected] CYNTHIA A. LOCKE Trial Attorney PA BAR ID 37637 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office, The Bourse Building 21 S. 5th Street, Suite 400 Philadelphia PA 19106 Telephone: (215) 440-2683 Attorneys for Plaintiff

Case 1:05-cv-00348-JJF

Document 7

Filed 07/15/2005

Page 4 of 5

CERTIFICATE OF SERVICE I hereby certify that on this 15th day of July 2005, I electronically filed the attached MOTION TO ALLOW EEOC ATTORNEY TO APPEAR WITHOUT LOCAL COUNSEL with the Clerk of the Court using CM/ECF which will send notification of such filing to the following:

DAVID H. WILLIAMS Morris James Hitchens & Williams LLP 222 Delaware Avenue, 10th Floor P.O. Box 2306 Wilmington, DE 19899-2306

_________/S/__________________ RUDOLPH CONTRERAS Chief, Civil Division Assistant United States Attorney 1007 Orange Street Suite 700 Post Office Box 2046 Wilmington, Delaware 19899-2046 (302) 573-6277

Case 1:05-cv-00348-JJF

Document 7

Filed 07/15/2005

Page 5 of 5

IN THE UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. ) ) ) ) ) Civ. Act. No. 05-0348 (JJF) ) ) ) ) ) ) )

CITIBANK/CITIGROUP GLOBAL MARKETS, INC. Defendant.

ORDER UPON CONSIDERATION of the United States' motion to allow EEOC Attorney, Cynthia A. Locke, to appear without local counsel, the reasons stated therein, the lack of any opposition thereto, and the entire record herein, it is the hereby ORDERED that the United States' motion should be and it hereby is granted; and it is, FURTHER ORDERED that, for this matter only, Local Rule 83.5(d) is waived, and EEOC Attorney, Cynthia A. Locke, is not required to associate with local counsel nor is the United States Attorney's Office required to sign pleadings nor attend proceedings with her; and it is, FURTHER ORDERED that the Clerk's Office provide EEOC Attorney, Cynthia A. Locke, with an Electronic Filing Log-In and Password so that she may file pleadings in this Court without the participation of the United States Attorney's Office. day of , 2005

UNITED STATES DISTRICT JUDGE