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C. Five-Day Notice Procedure for Redelegated Cases

1. Notice of Intent to File under Redelegated Authority

Prior to filing a case within his or her redelegated authority, a Regional Attorney must submit to Litigation Management Services (LMS) a notice of intent to file under redelegated authority. A copy of the notice form is attached as an appendix to this subsection of the Manual.

2. Notice Procedure

E-mail the notice of intent to file under redelegated authority to the legal unitís LMS liaison (or designated substitute if he or she is out of the office), who will acknowledge receipt by return e-mail. If an OGC headquarters staff member does not contact the legal unit about the case, the Regional Attorney may file suit following the expiration of 5 business days from LMSí acknowledgment of receipt of the notice. If someone in OGC contacts the legal unit prior to the expiration of the 5-day period, the Regional Attorney can file suit only if expressly authorized by OGC.

Appendix
Notice of Intent to File under Redelegated Authority

  1. (a) Name of proposed defendant(s):
  2. (b) Charge Information:
    1. (1) Charging partyís name;
    2. (2) Charge number;
    3. (3) Filing date.
  3. (c) Court in which case will be filed:
  4. (d) Statute(s):
  5. (e) Bases and issues:
  6. (f) Whether case is class or individual:
  7. (g) Case Description:
    1. (1) Respondentís operations, including the jobs held or sought by the claimants and an estimate of the size of the workforce at the facility where the violations occurred;
    2. (2) Facts supporting EEOCís claims;
    3. (3) Respondentís principal defenses and EEOCís responses;
    4. (4) Legal issues or proof elements that may pose particular difficulties.
  8. (h) Conciliation:
    1. (1) Date(s) LOD(s) issued, conciliation proposal(s) mailed, and conciliation failure letter mailed;
    2. (2) Relief requested by EEOC (for monetary relief, break out, as appropriate, (a) punitive damages, (b) compensatory damages, (c) damages cap, (d) back pay, including basis for back pay amount, and (e) any other monetary relief);
    3. (3) Relief offered by Respondent;
    4. (4) Reasons for conciliation failure.
  9. (i) Projected litigation budget (expenses you expect to incur during the current fiscal year and next fiscal year):
    1. (1) Current fiscal year;
    2. (2) Next fiscal year.
  10. (j) Indicate whether the case creates a potential for controversy or adverse publicity and, if so, explain. This includes controversies arising from local newsworthiness as well as from the nature of the claims in the suit: