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

Case 1:04-cv-01304-KAJ

Document 43

Filed 12/14/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. P.T. MORGAN PAPER COMPANY, an affiliate of P.T. MORGAN PACKAGING COMPANY, Defendant. : : : : : : : : : : : :

C.A. No.04-1304-KAJ

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Pursuant to Fed.R.Civ.P. 56, for the reasons stated in the accompanying Opening Brief and there being no disputed issue of material fact, defendant P.T. Morgan Paper Company Moves that the Court issue an Order granting summary judgment and find that (1) As a matter of law, P.T. Morgan Paper Company does not qualify as an employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e(b), because it did not employ fifteen or more employees for each working day of twenty or more calendar weeks in 2003 or 2004. (2) As a matter of law, under the dispositive Third Circuit case of Nesbit v. Gears

Unlimited, Inc., 347 F.3d 72 (3d Cir. 2003), P.T. Morgan Paper Company cannot be aggregated with P.T. Morgan Packaging Company to meet the fifteen employee threshold.

Case 1:04-cv-01304-KAJ

Document 43

Filed 12/14/2005

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THE NEUBERGER FIRM, P.A.

/s/ Thomas S. Neuberger THOMAS S. NEUBERGER, ESQ. (#243) STEPHEN J. NEUBERGER, ESQ. (#4440) Two East Seventh Street, Suite 302 Wilmington, DE 19801 (302) 655-0582 [email protected] [email protected] Attorneys for Defendant Dated: December 14, 2005

2

Case 1:04-cv-01304-KAJ

Document 43

Filed 12/14/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. P.T. MORGAN PAPER COMPANY, an affiliate of P.T. MORGAN PACKAGING COMPANY, Defendant. : : : : : : : : : : : :

C.A. No.04-1304-KAJ

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 defendant P.T. Morgan Paper Company on the issue of the fifteen employee threshold under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e(b). This ______ day of _________________, 2005, it is hereby Ordered that(1) As a matter of law, P.T. Morgan Paper Company does not qualify as an employer

under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e(b), because it does not employ fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. (2) As a matter of law, under the dispositive Third Circuit case of Nesbit v. Gears

Unlimited, Inc., 347 F.3d 72 (3d Cir. 2003), P.T. Morgan Paper Company cannot be aggregated with P.T. Morgan Packaging Company to meet the fifteen employee threshold. (3) This action is dismissed with prejudice. _____________________________ Kent A. Jordan U.S.D.J.

Case 1:04-cv-01304-KAJ

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Filed 12/14/2005

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CERTIFICATE OF SERVICE I, Thomas S. Neuberger, being a member of the bar of this Court do hereby certify that on December 14, 2005, I electronically filed this Motion with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: M. Jean Clickner Senior Trial Attorney Equal Employment Opportunity Commission 1001 Liberty Avenue, Suite 300 Pittsburgh, PA 15222 (412) 644-6439 [email protected] Seth M. Beausang Asst. U.S. Attorney The Nemours Building 1007 Orange Street, Suite 700 Wilmington, DE 19899 (302) 573-6277 [email protected]

/s/Thomas S. Neuberger THOMAS S. NEUBERGER, ESQ.