Archive: March 27, 2013

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Court Imposes Rule 16(f)(1) Sanctions against EEOC for Causing Unnecessary Burdens and Delays

Court Imposes Rule 16(f)(1) Sanctions against EEOC for Causing Unnecessary Burdens and Delays

EEOC v. The Original Honeybaked Ham Co. of Georgia, Inc., No. 11-cv-02560-MSK-MEH (D. Colo. Feb. 27, 2013)

Previously in this case, the court ordered broad discovery of the claimants’ social media, text messages and email.  (See a summary of that opinion, here.)  In this opinion, the court imposed sanctions for the EEOC’s actions which resulted in unnecessary delays and expense for the defendant, including actions related to the facilitation of the court ordered discovery.  Notably, the sanctions were imposed pursuant to Rule 16(f), based on the Tenth Circuit’s “broader” interpretation of its application.

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