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Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., 1:14-cv-00863. (2018)

Court: District Court, N.D. Illinois Number: infdco20181203837 Visitors: 24
Filed: Nov. 30, 2018
Latest Update: Nov. 30, 2018
Summary: JOINT MOTION TO VACATE STATUS CONFERENCE AND ENTER FINAL JUDGMENT WILLIAM T. HART , District Judge . This case was reassigned to Judge Hart following remand by the Seventh Circuit. The Court has scheduled a status conference for December 6, 2018. (Dkt. No. 88.) The parties are in agreement that the only remaining order of business for this Court is to enter a final judgment in accord with the Seventh Circuit's remand instructions. And the parties are in agreement on what that final judgmen
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JOINT MOTION TO VACATE STATUS CONFERENCE AND ENTER FINAL JUDGMENT

This case was reassigned to Judge Hart following remand by the Seventh Circuit. The Court has scheduled a status conference for December 6, 2018. (Dkt. No. 88.) The parties are in agreement that the only remaining order of business for this Court is to enter a final judgment in accord with the Seventh Circuit's remand instructions. And the parties are in agreement on what that final judgment should say. Accordingly, the parties jointly move to vacate the scheduled status conference and enter the proposed judgment attached hereto.

1. On February 7, 2014, EEOC filed a Complaint (Dkt. No. 1) that alleged that CVS violated Section 707(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-6(a).

2. On October 7, 2014, this Court granted CVS Pharmacy's Motion for Summary Judgment (Dkt. No. 15) and terminated the case. (Dkt. Nos. 32-33.)

3. The Seventh Circuit affirmed that judgment on December 17, 2015. (Dkt. No. 50.)

4. CVS Pharmacy then filed a motion for attorneys' fees in this Court. (Dkt. No. 63.) The Court granted that motion in part (Dkt. Nos. 70-71), and entered final judgment on February 22, 2017 (Dkt. No. 72).

5. On appeal, the Seventh Circuit reversed this Court's award of attorneys' fees to CVS Pharmacy, with costs, and remanded the case "to enter an amended judgment consistent with this opinion." (Dkt. No. 83.)

6. EEOC filed a bill of costs in the amount of $489.50. (Dkt. No. 85.)

7. The parties have conferred, and agree that the only remaining task for this Court is to enter an amended final judgment consistent with the Seventh Circuit's directions, denying CVS Pharmacy's motion for attorneys' fees and granting EEOC's bill of costs. The parties have agreed on a proposed judgment to that effect, which is attached to this motion.

WHEREFORE, the parties jointly and respectfully request that this Court (i) vacate the status conference that is scheduled for December 6, 2018, and (ii) enter the proposed judgment attached to this motion.

[JOINTLY PROPOSED] FINAL JUDGMENT

Pursuant to the mandate issued by the U.S. Court of Appeals for the Seventh Circuit on November 13, 2018 (ECF No. 81), Defendant CVS Pharmacy, Inc.'s Motion for Attorneys' Fees is DENIED, and Plaintiff EEOC's bill of costs is GRANTED in the amount of $489.50. With all remaining issues having been adjudicated, final judgment is hereby entered in this case.

IT IS SO ORDERED.

Source:  Leagle

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