Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:04-cv-01304-KAJ

Document 50-2

Filed 01/06/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE __________________________________________ EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) Plaintiff, ) ) CIVIL ACTION NO. 04-1304 (KAJ) v. ) ) P.T. MORGAN PAPER CO., affiliated with ) P.T. MORGAN PACKAGING COMPANY, ) ) Defendant. ) )

ORDER There being no material issue of fact in dispute, pursuant to Fed.R.Civ.P. 56, the Court grants summary judgment in favor of Plaintiff Equal Employment Opportunity Commission on the issue of the fifteen employee threshold under Title VII of the Civil Rights Act of 1964, 43 U.S.C. § 2000e(b).

This ___ day of __________________, 2006, IT IS HEREBY ORDERED THAT ­ (1) As a matter of law and fact, the employees of P.T. Morgan Paper Company can and will be aggregated with those of P.T. Morgan Packaging Company to meet the fifteen employee threshold. (2) This is now the law of the case and the Plaintiff has no further obligation to prove the requisite number of employees for liability purposes in this matter. (3) For purposes of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, limitations on compensatory and punitive damages, it is hereby declared that the Defendant is an employer

Case 1:04-cv-01304-KAJ

Document 50-2

Filed 01/06/2006

Page 2 of 2

who has more than 14 and fewer than 101 employees during the relevant time period.

________________________________ Kent A. Jordan United States District Judge