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E.E.O.C. v. SEARS, ROEBUCK AND CO.

No. Civ.A. 04-4574(JHR).

391 F.Supp.2d 317 (2005)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. SEARS, ROEBUCK AND CO., Defendant.

United States District Court, D. New Jersey.

May 20, 2005.

Attorney(s) appearing for the Case

Rachel M. Smith, United States Equal Employment Opportunity Commission, Philadelphia, PA, for Plaintiff.

Robert James Toy, Post & Schell, P.C., Philadelphia, PA, for Defendant.

ORDER

RODRIGUEZ, District Judge.

This matter is before the Court on the Motion of Defendant Sears, Roebuck and Co. ("Sears") to Dismiss the Complaint of Plaintiff Equal Employment Opportunity Commission ("EEOC") pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons discussed below, the Court will deny Sears' Motion to Dismiss.

I. Factual Background and Procedural History

The EEOC filed the Complaint in this action on September 21, 2004...

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