IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION,

Plaintiff,

v.

R.G. & G.R. HARRIS FUNERAL 

HOMES INC.,

Defendant.

)

)

)

)

)

)

)

)

)

)

)

)

CIVIL ACTION NO. 

2:14-CV-13710

Hon. Sean F. Cox

_________________________________ )

KENNETH BIRD JOEL J. KIRKPATRICK

DALE PRICE (P55578) JOEL J. KIRKPATRICK, P.C.

EQUAL EMPLOYMENT Attorney for Defendant

OPPORTUNITY COMMISSION 843 Penniman Ave. Ste. 201 

Attorneys for Plaintiff Plymouth, MI 48170

477 Michigan Ave., Room 865 (734) 404-5170

Detroit, MI 48226 Joel@JoelKirkpatrick.com

(313) 226-7808

dale.price@eeoc.gov

PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION’S RESPONSE TO MOTION TO INTERVENE

Plaintiff Equal Employment Opportunity Commission for its 

Response to the Motion to Intervene states:

1. Admitted.

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2. Admitted. Further, Commission attorneys fully-briefed and

argued the appeal on behalf of the rights of Aimee Stephens and took a 

videotaped deposition of Ms. Stephens to preserve her testimony and 

protect her interests while the case was on appeal.

3. Admitted.

4. Admitted.

5. No contest.

6. The filing speaks for itself. 

7. The filing speaks for itself.

8. The filing speaks for itself.

9. Since the remand by the Supreme Court, the Commission has 

engaged in good faith efforts to resolve this matter by proposing 

appropriate and reasonable terms of settlement. To that end, both prior 

to and during the August 7th phone conference with Intervenor, the 

Commission sought the input of the Estate regarding the monetary

components of relief, including compensatory damages for Intervenor 

and the Estate’s attorney fees. On August 7, the Estate stated that it 

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would take at least two weeks for the Estate to be able to provide an 

approximation of its attorney fees. (See Exhibit, August 10, 2020, 

redacted email exchange between counsel for the EEOC and counsel for 

the Estate.) Since that time, the Estate has not provided the EEOC 

with information related to either additional compensatory damages for 

Intervenor that it deems appropriate nor the amount of its attorney 

fees. However, the EEOC understands that the Estate has recently 

informed the Defendant of a general approximation of its attorney fees.

The Commission’s conditional consent to intervention was based on its 

good-faith belief that all parties were in a position to resolve the matter, 

properly protecting the interests of the Estate, so that no intervention 

was necessary.

RESPONSE TO PRAYER FOR RELIEF

The Commission has no objection to the intervention of Donna 

Stephens on behalf of the Estate.

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION

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BY:___/s/_/Dale Price_______________

 DALE PRICE (P55578)

Trial Attorney for Equal Employment 

Opportunity Commission

(313) 226-7808

Dated: August 25, 2020

Certificate of Service

I hereby certify that on August 25, 2020, I electronically filed the 

forgoing with the clerk of the Court by using the CM/ECF system, 

which will send a notice of electronic filing to all record attorneys.

EQUAL EMPLOYMENT 

 OPPORTUNITY COMMISSION

Dated: August 25, 2020 s/ Dale Price

DALE PRICE (P55578)

Trial Attorney

Case 2:14-cv-13710-SFC-DRG ECF No. 105 filed 08/25/20 PageID.2614 Page 4 of 7
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION,

Plaintiff,

v.

R.G. & G.R. HARRIS FUNERAL 

HOMES INC.,

Defendant.

)

)

)

)

)

)

)

)

)

)

)

)

CIVIL ACTION NO. 

2:14-CV-13710

Hon. Sean F. Cox

_________________________________ )

KENNETH BIRD JOEL J. KIRKPATRICK

DALE PRICE (P55578) JOEL J. KIRKPATRICK, P.C.

EQUAL EMPLOYMENT Attorney for Defendant

OPPORTUNITY COMMISSION 843 Penniman Ave. Ste. 201 

Attorneys for Plaintiff Plymouth, MI 48170

477 Michigan Ave., Room 865 (734) 404-5170

Detroit, MI 48226 Joel@JoelKirkpatrick.com

(313) 226-7808

dale.price@eeoc.gov

BRIEF IN SUPPORT OF PLAINTIFF EQUAL

EMPLOYMENT OPPORTUNITY COMMISSION’S 

RESPONSE TO MOTION TO INTERVENE

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CONTROLLING LEGAL AUTHORITY

The provisions of Fed.R.Civ.P. 24 control. 

QUESTION PRESENTED

Should the Court grant leave for the Estate to intervene in this case?

The Plaintiff EEOC answers:

Since remand by the Supreme Court, both prior to and during the 

August 7th phone conference with Intervenor, the Commission sought 

the input of the Estate regarding the monetary components of relief, 

including compensatory damages for Intervenor and the Estate’s 

attorney fees.

The Commission’s conditional response to intervention was based 

on its good-faith belief that the parties were in a position to resolve this

matter in a manner that included the interests of the Estate. It believed

that the Estate’s information would help the parties reach a timely and 

complete resolution and render intervention (and the accrual of 

additional costs and fees) unnecessary.

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That said, the Commission does not object to the Motion to 

Intervene.

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION

BY:___/s/_Dale Price_______________

 DALE PRICE (P55578)

Trial Attorney for Equal Employment 

Opportunity Commission

(313) 226-7808

Dated: August 25, 2020

Certificate of Service

I hereby certify that on August 25, 2020, I electronically filed the 

forgoing with the clerk of the Court by using the CM/ECF system, 

which will send a notice of electronic filing to all record attorneys.

EQUAL EMPLOYMENT 

 OPPORTUNITY COMMISSION

Dated: August 25, 2020 s/ Dale Price

DALE PRICE (P55578)

Trial Attorney

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