(S.D.N.Y. 1971); Kinzler v. New York Stock Exchange, supra at 77-78.
Additionally, counsel for plaintiffs indicated that there were 12 women who presently hold the so-called "male jobs" and that these women would be affected by the charged discriminatory pattern. Although plaintiffs assert this 12-member class, there are no materials before me to support this assertion. See Sims v. Parke Davis & Co., supra. Plaintiffs have not supplied the Court with even a single name of a member claimed to be within this class. Furthermore, although the case is ready for trial, the Court has not received any indication of interest on behalf of these alleged parties in joining the instant action. See Page v. Curtiss-Wright, supra; Giordano v. Radio Corporation of America, 183 F.2d 558, 561 (3d Cir. 1950).
Moreover, even if the requisite support were obtained for specifying the 12 persons as the appropriate size of the class, there is nothing to indicate that joinder of these persons would be impracticable. I recognize that mere numbers should not be used as a rigid guideline for determining the practicability of joinder, and make my determination based on all of the circumstances of this action, including the fact that the group of 12, as present employees of defendant Company, apparently reside in the same geographical area as the plaintiffs, and the locality wherein this district court sits. DeMarco v. Edens, supra ; Giordano v. Radio Corp. of America, supra.
Thus, I find that plaintiffs have failed to show that the class is so numerous that joinder is impracticable. Accordingly, I have denied class action treatment, but will do so on a conditional basis, as permitted by Fed. R. Civ. P. 23(c) (1). See Page v. Curtiss-Wright Corp., supra.
Plaintiffs request rulings on certain evidentiary matters before trial. First, plaintiffs desire to offer into evidence at trial the EEOC decision and final investigative report arising out of the 1967 charges. Defendants point out to the Court that there exists an additional EEOC report arising out of the 1968 charges, not favorable to plaintiffs, but also related to this action. It is noted that the Circuits are not in accord on the question of whether the admission of these reports is mandated, Smith v. Universal Services, Inc., 454 F.2d 154, 156-58 (5th Cir. 1972), or within the sound discretion of the trial court. Moss v. Lane Co., Inc., 471 F.2d 853, 856 (4th Cir. 1973); Cox v. Babcock & Wilcox Co., 471 F.2d 13, 15 (4th Cir. 1972); Heard v. Mueller Co., 464 F.2d 190, 194 (6th Cir. 1972); see also Gillin v. Federal Paper Board Co., 52 F.R.D. 383, 384-85 (D. Conn. 1970). Regardless of whether such admission is discretionary or mandatory, it is clearly within my authority to admit these reports, and I so rule. However, in the interest of fairness I will only admit these reports if all relevant reports are offered.
Plaintiffs also request a ruling on the admissibility of interrogatories completed during discovery. In view of the failure of the parties to arrive at agreement as to the procedure to be followed as to objections to specific interrogatories, I will reserve ruling on this matter until this evidence is offered at trial.
Submit an appropriate order.