Alabama federal judge orders opposing lawyers in sexual harassment case to have lunch together

A federal judge in Alabama is trying to bring two opposing legal teams together at the table — literally.

In a filing issued two days before Thanksgiving, Northern Alabama District Court Judge David Proctor ordered legal teams representing Koch Foods of Alabama LLC and former Koch Foods employee Pamela McCullers to go to lunch together on or before Dec. 31.

After the order was posted to X by Florida lawyer Matt Margolis, users took to the platform to share their takes on the unusual move, with most posters supporting Proctor’s stance.

This order came after McCullers, who is suing Koch Foods on claims of sexual harassment, a hostile work environment, and discrimination on the basis of sex, among other things, said she would only agree to the defendants’ request for an extension on their pleading deadline if they did not file a motion to dismiss her complaint in the future.

In his order, Proctor wrote that these conditions were “wholly inappropriate.”

“There is generally no good reason that an extension such as this should be opposed, let alone denied,” he wrote.

“The Golden Rule—do unto others as you would have them do unto you—is not just a good rule of thumb for everyday life. It is a critical component of legal professionalism.”

“Sadly, in recent years compliance with the rule is becoming rarer and rarer in the litigation arena. It is time to reverse that trend, even if it is only in this case.”

Proctor went on to say that this move was not in the spirit of the season.

“Here, Plaintiff’s counsel’s conditioning of any agreement to an extension was wholly inappropriate, particularly in light of the looming Thanksgiving holiday,” he wrote.

“Such nonsense wastes time, damages professional relationships, and makes the lawyer withholding consent (or conditioning it) appear petty and uncooperative. Judges rightly expect lawyers to handle minor procedural issues like extensions without unnecessary conflict, and refusing to do so is unprincipled.”

The judge granted the defendants’ extension request based on the “meritless” opposition of McCullers’ counsel.

According to the order, the Defendants’ answer or responsive pleading shall now be filed on or before January 6, 2025.

But Proctor did not stop there.

The order went on to mandate that counsel for both the plaintiff and the defendants are to go to lunch together on or before Dec. 31, 2024.

“Plaintiff’s counsel will pay the bill; Defendants’ counsel will leave the tip,” the order reads.

“The parties will discuss how they can act professionally throughout the rest of this case. Within ten (10) days of the lunch, the parties SHALL file a joint report describing the conversation that occurred at lunch and the amount of the tip.”

Maggie Lynn Martin, a lawyer at Birmingham’s Wheeles & Garmon, LLP, who is representing McCullers, said the firm had “no comment” on Proctor’s order.

Lawyers at Birmingham’s Littler Mendelson who are representing Koch Foods did not immediately respond to requests for comment.