Equal Employment Opportunity Commission v. Tortilleria "La Mejor"

DECISIONS AND ORDERS RE MOTION TO DISMISS AND MOTIONS FOR PARTIAL SUMMARY JUDGMENT

On November 28, 1988 the court heard defendant’s Motion for Order Dismissing Intervenor’s Complaint and plaintiff and intervenor’s respective Motions for Partial Summary Judgment. Upon due consideration of the written and oral arguments of the parties and the record herein, the court denies defendant’s motion and grants plaintiff’s and intervenor’s motions.

A. Motion for Order Dismissing Inter-venor’s Complaint.

Defendant Tortilleria “La Mejor” moves for dismissal of intervenor Alicia Castre-jon’s Amended Complaint in Intervention filed on August 8, 1988 on two grounds.

Paragraphs 7 and 8 of the Amended Complaint allege in pertinent part:

Defendant argues that the allegation in paragraph 8 stands in defiance of a court order because it fails to allege the inter-venor’s citizenship status.

The court does not agree. The inter-venor has complied exactly with the court’s order filed on July 28, 1988.

Dismissal of the Amended Complaint in Intervention is also sought pursuant to Rule 37(b)(2)(C), Federal Rules of Civil Procedure. In so moving, defendant refers the court to the intervenor’s answers…