Case 8:99-cv-00999-RAL Document 1 Filed 04/27/1999 Page 1 of 5

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WALPOLE, INC.,

)

)

Defendant.

)

-------------------------------)

CIVIL ACTION NO.
qq. C; 'Ie; -el v- 7- 21,£
COMPLAINT
JURY TRIAL DEMAND

NATURE OF mE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of race, and to provide

appropriate relief to Steve M. Colbourne who was adversely affected by such practices. As stated

with greater particularity in paragraph 7, the Commission alleges that Mr. Colbourne, a black

male, was forced to endure a hostile environment while employed at Defendant's place of

business. He was retaliated against and ultimately discharged after complaining about the

harassment.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(1) and (3), and

Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

I

Case 8:99-cv-00999-RAL Document 1 Filed 04/27/1999 Page 2 of 5
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Tampa Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VIT, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Walpole, Inc. (the "Employer"), a Florida Corporation, has continuously been doing business in the State of Florida and the City of Tampa, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Walpole, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Steve M. Colbourne filed a charge with the Commission alleging violations of Title VII by Defendant Employer Walpole, Inc. All conditions precedent to the institution of this lawsuit have been fulfllied. 7. Since at least June 2, 1998, Defendant Employer engaged in unlawful employment practices at its place of business in Tampa, Florida in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a).
(A) Steve M. Colbourne was subjected to racial harassment by his co-workers

Case 8:99-cv-00999-RAL Document 1 Filed 04/27/1999 Page 3 of 5
on a daily harassment. The harassment included verbal abuse, sabotage and the displaying of a noose. The result of the above was the creation of a hostile and offensive work environment. Mr. Colbourne complained to Defendant Employer about the harassment but Defendant Employer did not respond appropriately.
(B) Defendant Employer retaliated against Mr. Colbourne for complaining and opposing the racial harassment by terminating him.
8. The effect of the conduct complained of in paragraph 7 above has been to deprive Steve M. Colbourne an equal employment opportunity and otherwise adversely affect his status as an employee because of race.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Steve M. Colbourne.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Walpole, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in racial harassment and any other employment practice which discriminates on the basis of race. B. Order Defendant Walpole, Inc. to institute and carry out policies, practices, and programs which provide equal employment opportunities for blacks, and which eradicate the

Case 8:99-cv-00999-RAL Document 1 Filed 04/27/1999 Page 4 of 5
effects of its past and present unlawful employment practices. C. Order Defendant Walpole, Inc. to make whole Steve M. Colbourne by providing
appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Walpole, Inc. to make whole Steve M. Colbourne by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses in amounts to be determined at trial.
E. Order Defendant Walpole, Inc. to make whole Steve M. Colbourne by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Walpole, Inc. to pay Steve M. Colbourne punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.

Case 8:99-cv-00999-RAL Document 1 Filed 04/27/1999 Page 5 of 5
C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
GILBERT CARRILLO
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office Two South Biscayne Boulevard One Biscayne Tower Miami, Florida 33131 (305) 530-6005

 
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Case 8:99-cv-00999-RAL Document 6

Filed 07/07/1999 Page 1 of 9
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IN THE UNITE D STATES DISTRICT COURT

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Case No.:99-999-CIV-T-26E

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Plaintiff

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WALPOLE, INC.,

Defendant.
----------------------------~/
STEVE M. COLBOURNE,

Intervenor Plaintiff

v.

WALPOLE, INC.,

Defendant
------------------~/
COMPLAINT OF STEVE M. COLBOURNE

The plaintiff, Steve M. Colbourne ("Colbourne"), files this complaint against the

defendant, Walpole, Inc. ("Walpole") and alleges:

ALLEGATIONS COMMON TO ALL COUNTS

1. The plaintiff, Steve M. Colbourne, is a resident and citizen of Hillsborough

County, Florida.

2. Walpole is an employer with an office located in Hillsborough County, Florida.

Walpole is a Florida corporation with its principal place of business in Florida. Walpole has in

excess of 300 employees and is engaged in a business affecting commerce within the meaning of

the statutes on which this lawsuit is brought.

Case 8:99-cv-00999-RAL Document 6 Filed 07/07/1999 Page 2 of 9

3. The circumstances giving rise to this lawsuit occurred in Hillsborough County,

Florida. Therefore, the United States District Court for the Middle District is the appropriate

venue for this action.

COUNT I

4. Colbourne realleges the allegations in Paragraphs 1-3.

5. This is an action for racial discrimination, a racially hostile working environment,

and retaliation for objecting to the racially hostile and discriminatory working environment. This

action is brought pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of

1964, as amended 42 USC § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of

1991,42 USC § 1981A. The court has jurisdiction pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343, and 1345.

6.

Colbourne became employed at Walpole on June 2, 1998. While employed at

Walpole, Colbourne was discriminated against on the basis of his race, was subjected to a hostile

working environment because of his race, and was retaliated against for objecting to the

discrimination and hostile working environment. Walpole knew, or with the exercise of due

care, should have known of the discrimination, harassment and retaliation at the workplace prior

to the occurrence of the incidents giving rise to this lawsuit, including the racially hostile

attitudes and activities of the persons involved in the harassment, discrimination and retaliation

involved in this case.

7. On June 9, 1998, Colbourne was paged over the intercom to come to the office at

Walpole. Colbourne, who is black, was washing a truck at the time. After hearing the page, he

put down his washer and went to the office. Once he stepped inside the office, he saw two

2

Case 8:99-cv-00999-RAL Document 6 Filed 07/07/1999 Page 3 of 9

employees of Walpole, Jessie Hobbs and Chris Ray. Hobbs had a white rope and noose in his

hands. Hobbs threw the rope and noose over a rafter. Colbourne asked whether Hobbs and Ray

intended to hang him. They stated, "Yes."

8. Colbourne informed Edward Walpole IV, his supervisor, about the noose

incident. Walpole did not discipline either Hobbs or Ray. Instead, Walpole called a meeting of

employees at which it was evident that there was a racially hostile environment at Walpole.

When Colbourne stated he was upset because blacks were hung in the 50's and 60's, Hobbs

inteIjected that blacks also were hung in the 70's. When Colbourne objected to this statement

and attempted to explain the problems he was having at the workplace, Hobbs began shouting,

"Screw you, Screw you."

9.

Walpole clearly was put on notice of the problems with racial discrimination and

racial harassment as a result of the noose incident, but failed to take any action to correct the

discriminatory and hostile environment. Among other things, Walpole failed to discipline the

persons responsible for the incident, and failed to implement a policy regarding racial harassment

and discrimination, to disseminate such a policy, and/or to enforce such a policy.

10. Following the meeting, the harassment of Colbourne continued. Specifically,

employees at Walpole referred to Colbourne as, "Boy" "Steve Urkle" and indirectly, as "a

nigger." In addition, employees at Walpole harassed Colbourne by doing such things as stealing

his time card and, on several occasions, turning off the lights in the bathroom while he was

changing his clothes.

11. In addition to the foregoing, Colbourne was discriminated against because of his

3

Case 8:99-cv-00999-RAL Document 6 Filed 07/07/1999 Page 4 of 9
race. Specifically, Colbourne was denied access to tools and training necessary to perfonn his job at Walpole and to advance beyond his job.
12. Further still, in retaliation for objecting to the discrimination and harassment mentioned in the foregoing paragraphs, Colbourne was tenninated from his employment at Walpole at the end of June, 1998.
13. Colbourne has complied with all conditions precedent to the maintenance of this action. Specifically, he filed charges of discrimination with the Florida Commission on Human Relations and the Equal Employment Opportunity Commission. The EEOC has found cause to conclude that Walpole violated the statutes on which this lawsuit is brought. Exhibit "A."
14. The discrimination, harassment, and retaliation experienced by Colbourne was due to his race, black.
15. Colbourne is in a class of individuals protected to pursuant to the statutes on which this action is brought.
16. The actions of Walpole as set forth in this complaint were, willful, wanton, and malicious or demonstrated such a complete want of due care as to constitute willful, wanton, and malicious behavior.
17. Colbourne has been damaged by the racial harassment, discrimination and retaliation. Specifically, he has suffered economic and non-econimic damages including mental distress, as result of the harassment.
18. Colbourne has retained the undersigned law finn to represent him in this action. WHEREFORE, for the reasons set forth above, Colbourne requests all relief available under the statutes, including compensation for all pecuniary and non-pecuniary losses suffered by
4

--------
Case 8:99-cv-00999-RAL

Document 6

Filed 07/07/1999 Page 5 of 9

Colbourne as a result of the acts set forth above, punitive damages, interest, and attorney's fees, costs and any additional relief the court deems appropriate.
COUNT II 19. Colbourne realleges the allegations in Paragraph 1-3. 20. This is an action to recover unpaid overtime compensation, liquidated damages, attorneys' fees, and costs under the provisions of Section 16(b) of the Fair Labor Standards Act of 1938 (sometimes refereed as the "FLSA"), 29 U.S.c. § 216(b). Jurisdiction of this action is conferred on this court by 29 U.S.C. § 216(b) and 28 U.S.C. § 1337, relating to any civil action or proceeding arising under any act of Congress regulating commerce. 21. Colbourne was a non-exempt employee while employed at Walpole. Therefore, to the extent he worked more than 40 hours a week, he was entitled to be paid at one and a half time his hourly rate. 22. Colbourne worked in excess of 40 hours a week while employed at Walpole. Copies of his pay stubs reflecting this fact are attached hereto as Exhibit "B." 23. Walpole, in violation of the FLSA, failed to pay Colbourne at the statutory rate for overtime. 24. Colbourne alleges that there is due and owing to him compensation for overtime work performed but not paid by Walpole. WHEREFORE, Colbourne requests: (a) Judgment against the defendant, Walpole, in the amount owed and an equal additional amount as liquidated damages, and prejudgment interest as provided for in the Fair
5

---------
Case 8:99-cv-00999-RAL Document 6

Filed 07/07/1999 Page 6 of 9

Labor Standards Act of 1938, as amended, 29 U.S.C. § 216(b); (b) The cost of this action as provided for in the Fair Labor Standards Act of 1938, as
amended, 29 U.S.C. § 216(b); (c) an award to plaintiffs of attorneys' fees for the prosecution of this action, as
provided for in the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 216(b). DEMAND FOR JURY TRIAL
Plaintiffs demand trial by jury on all issues so triable. Respectfully submitted,

radley M. Bo Florida Bar No 371009 LAW OFFICE OF BRAD BOLE 100 South Ashley Drive, Suite 1180 Tampa, Florida 33602 Telephone: (813) 221-9515 Fax: (813) 229-0194

6

-_ _ -_ .. ~ -...... ... .. .._-C---a--s_e.. _-8_:..9..9...--c...v---"00999-RAL Document 6 ... "l

Filed 07/07/1999 Page 7 of 9

TAMPA AREA. OFFICE '

U.S. EQUAL EMPLOYMENT OPPORTUNIlY COMMISSION

Timberlake Federal Building Annex 501 E. Polk St., Suite 1020 Tam~ FL 33602

PH: (813) 228-2310 roO: (813) 228-2003 FAX: (813) 22&-2841

Charge Number 151981155

Mr. steve M. Colbourne
12708 Bruce B. Downs Blvd., #101 Tampa, Florida 33612
v.

CHARGING PARTY

Wolpole, Inc. Post Office Box 600 . Mango, Florida" 33550

RESPONDENT

DETERMINATION
Under the authority vested in me by the Commission's Procedural Regulations I issue on behalf of the Commission, the following determination as to the merits of the subject charge.
Respondent is an employer within the meaning of Title VII and the timeliness, deferral and all other jurisdictional requirements have been met.
Charging Party alleges that he was harassed because of his race and national origin, and discharged in retaliation for asserting his rights, in violation of Title VII of the civil Rights Act of 1964, as amended.
Testimonial evidence indicates that Charging Party was harassed in that his co-workers hung a rope and noose in the work place for Charging Party's viewing; that Charging Party was addressed using racially derogatory terms; and that he was not allowed the same' terms and conditions of employment as his co-workers.
Evidence also indicates that Charging Party complained to management officials and that no co~rective action was taken.
I have determined that the evidence obtained during the investigation establishes that there is reasonable cause to believe that violations of Title VII of the Civil Rights Act have occurred.
Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the
...................... ~ommission now invites the parties to join with it in reaching a ~
EXHIBIT A

Case 8:99-cv-00999---,R,-A. L Document 6

Filed 07/07/1999 Page 8 of 9
-

DETERMINATION
m:x:; CHARGE lb: 151981155

PAGE 2 .

just resolution of this matter. The confidentiality provisions of sections 706 and 709 of Title VII and the Commission Regulations apply to information obtained during conciliation.

If the R~spondent declines to discuss settlement or when, for any other reason, a settlement acceptable to the offide Director is not obtained, the Director will inform the parties and advise them of the court enforcement alternatives available to aggrieved per'sons and the Commission. A Commission,representative will contact each party in the near future to begin conciliation.

o~~alf of th~~iSSion,

/,f/, / ,-', ~~.,.

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t-Lf,f/d!4¢Uh <>.~~

iarbara Ste1demann'

'

Acting Area Director

DATE OF MAILIl;G--'-/'"'-2__- _3_/_-~y;...;;;W'---_ _ _ __

cc: Michael D. Malfitano, Esquire Malfitano Campbell & Dickinson Post Office Box 1840
Tampa, Florida 33601-1840

Bradley M. Bole, Esquire Bole & Sass
100 S. Ashley Drive #1180
Tampa, Florida 33602

.vALPOLE,

Case INC.

8:99-cv-00999-RAL

as! Office Box 1177

keechobee, Florida 34973

. . . . .t

",'/'.' C a ( Document 6

Filed~07<~ /10-\7' /: 199- 9 ~ ~ Pag- e 9~ oEf~9~LOYEE'S EARNINGS STATEr.

(--

...

KEEP FOR YOUR RECORDS

TYPE

HOURS

AMOUNT

TYPE

AMOUNT

TYPE

AMOUNT

REG

64.8

486.121121 FICA {EMP

30. 1

FEDERAL W MEDICARE
FL WITHHO

23.72 7.1215 121.00

FIT SOl STATE LOCAL

11211. 44.
0.
0.
0.

401K

1216/25r

TOTAL"f:AR~INGS' ...

485. ~.0

EMPLOYEEsTEVE M. COLBOURNE NAME

TOTAL DEDUCTIONS

~

6121.

t§lZFf"liM§e0

NALPOLE. ENC.
'ost Office Box 1177 )keechobee, Florida 34973
TYPE REG

: AMOUNT

TYPE

FICA (EMP
FEDERAL W
MEDICARE
FL WITHHO

23.7 8 .- • -.J 5.55 0.00

TOTAL EARNINGS ...

383.2

EMPLOYEESTEVE M. COLBOURNE
NAME

WALPOLE, INC.
Post Office Box 1177
Okeechobee, Florida 34973

TOTAL DEDUCTIONS

-.:.-: .. : . . . . - . - . : .

EMPLOYEE'S EARNINGS STATEM KEEP FOR YOUR RECORDS

AMOU

GROSS SS/MEO FIT SOl STATE LOCAL
401K

840. 64. 20. 0. 121. 0.
06/181':

345.6::

{
EMPLOYEE'S EAR"NINGS STATEr KEEP FOR YOUR RECORDS

FEDERAL W MEDICARE FL WITHHO

12.69 5.98 0.00

EXHIBIT "B"

GROSS

~-..::J-

SS/MED

1'c-'

FIT

0

SDI

0

STATE

0

LOCAL

401K

TOTAL DE

 
 -~----
- Case 8:99-cv-00999-RAL

Document 14

Filed 08/25/1999 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT,~ 3 ~Il~ ';',
FOR THE MIDDLE DISTRICT OF FLORIDA' !' .' , '- -'

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff, v.

)

)

CIVIL ACTION NO.

)

99-999-CIV -T -26E

)

~~

WALPOLE, INC.,

)

)

(J{ c.'

CONSENT DECREE

1. This Consent Decree (the IIDecree ll ) is made and eritered into by and between Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the IICommission ll or "EEOC") and Defendant Walpole, Inc. (hereinafter referred to as "Walpole") . The Commission and Walpole are collectively referred to herein as "the Parties."
2. On April 27, 1999, EEOC initiated this action by filing its Complaint against Walpole. EEOC I S Complaint alleged that Walpole violated Title VII of the Civil Rights Act of 1964, as amended, including but not limited to, amendments authorized by the Civil Rights Act of 1991, 42 U.S.C. Section 2000e et seq. ("Title

VII") . The Complaint arose out of the allegations in an EEOC charge filed by Steven Colbourne ("Colbourne") against Walpole.
3. On July 16, 1999, Walpole filed its Answer to EEOC IS Complaint, denying its actions were discriminatory in any way.
4. In the interests of resolving this matter, to avoid the costs of litigation, and as a result of having engaged in

SCANNED

Case 8:99-cv-00999-RAL Document 14 Filed 08/25/1999 Page 2 of 8
comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns.
5. The Parties agree that this Decree resolves all claims against Walpole arising out of EEOC Charge Number 151-98-1155, and the Complaint filed in this action, and constitutes a complete resolution of all claims that were made by the Commission against Walpole in this action or that existed against Walpole in this action. The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with the EEOC other than the Charges referred to in this paragraph.
6. This Decree constitutes the complete agreement between the EEOC and Walpole with respect to the matters referred to herein. No representations or inducements to compromise this action have been made, other that those recited or referenced in this Decree. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved or ordered by the Court.
NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
7. This Court has jurisdiction of the subject matter of this action and over the parties for the purposes of entering and enforcing this Decree.
GENERAL INJUNCTIVE PROVISIONS
2

Case 8:99-cv-00999-RAL Document 14 Filed 08/25/1999 Page 3 of 8
8. Defendant Walpole, its officers, managers, employees, agents and partners, agree that they will not engage in conduct which violates Title VII of the Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment or by discharging an employee or failing to hire an applicant for employment because of the race of that person.
9. Defendant Walpole, its officers, managers, employees, agents and partners, agree that it will not discriminate against any employee or applicant for employment who opposes any of Defendant's practices which the employee believes to be a violation of Title VII; who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case.
TRAINING 10. Defendant Walpole has established a written policy of compliance with Title VII. A copy of Defendant Walpole's Title VII compliance policy has been provided to the EEOC and Defendant Walpole certifies that a complete copy of its Title VII policy has been provided to all its employees at its Mango, Florida facility. 11. In order to further insure the effective implementation of Defendant Walpole's anti-discrimination policies, Walpole will conduct training for all of its managers and supervisory personnel at its Mango, Florida facility on all aspects of Title VII. Such
3

Case 8:99-cv-00999-RAL Document 14 Filed 08/25/1999 Page 4 of 8
training will be at least two hours in length and be conducted by the law firm of Malfitano Campbell & Dickinson, within six months of the entry of this Decree. Walpole agrees to provide the EEOC with certification that it conducted said training within 14 days after the training session occurs.
POSTING 12. Defendant Walpole will post within six weeks from the date of entry of this Consent [add date once signed] Decree the notice attached hereto as Exhibit A. Said notice shall be posted at Walpole's Mango, Florida facility for one year in a conspicuous location accessible to all employees. 13. Defendant Walpole will retain all employment records, including applications for employment, as required under federal law, or for the duration of this Decree, whichever is longer.
MONETARY RELIEF 14. Defendant Walpole shall pay Steven Colbourne five thousand dollars. Defendant Walpole agrees to simultaneously provide the Miami District Office of the EEOC with a copy of these payments or checks. Said copies shall be forwarded to the attention of Jennifer H. Zawid, EEOC Trial Attorney, U.S. Equal Employment Opportunity Commission, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131. 15. If the Defendant Walpole fails to tender the abovementioned payments as set forth in paragraph 14, then the Defendant shall pay interest on the defaulted payment at the rate calculated
4

Case 8:99-cv-00999-RAL Document 14 Filed 08/25/1999 Page 5 of 8
pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
DISPUTE RESOLUTION 16. In the event that any of the Parties to this Decree believes that a party has failed to comply with any provisions(s) of this Decree, the complying party shall notify the alleged noncomplying party in writing of such non-compliance and afford the alleged non-complaining party ten (10) business days to remedy the non-compliance or satisfy the complaining party that it has complied. If the dispute is not resolved within ten (10) business days the complaining party may apply to the Court for appropriate relief.
ENFORCEMENT OF DECREE 17. The Commission and Walpole will make best efforts to effectuate the terms of this Decree. 18. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree.
COSTS 19. Each Party shall bear its own costs and attorneys' fees associated with this litigation.
DURATION OF CONSENT DECREE 20. The duration of this Decree shall be one (1) year from
5

Case 8:99-cv-00999-RAL Document 14 Filed 08/25/1999 Page 6 of 8 the date of entry of the Decree.
21. This case will be dismissed with prejudice. However, the Court will retain jurisdiction to enforce this Consent Decree during the one year period that said Decree is in effect.
SO ORDERED, ADJUDGED AND DECREED, this ) r---day of August, 1999.
RICHARD A. AZZARA United States District Judge
6

-- Case 8:99-cv-00999-RAL Document 14

Filed 08/25/1999 Page 7 of 8

AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

by: Delner Franklin-Thomas Regional Attorney U.S. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131

AGREED TO: FOR THE DEFENDANTS
by:

Date:

7

Case 8:99-cv-00999-RAL Document 14 Filed 08/25/1999 Page 8 of 8

EXHIBIT IIAII NOTICE NOTICE TO ALL EMPLOYEES'

This notice is being posted pursuant to an agreement reached in case no. 99-999-CIV-T-26E in the Middle District of Florida. Walpole, Inc., has agreed that it will not discriminate against employees in violation of Title VII of the Civil Rights Act of 1964 ("Ti tIe VI I"). Title VII, protects individuals from discrimination in all aspects of their employment, including hiring, because of their race, religion, color, national origin, or sex.
Walpole, Inc., assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC.
This notice shall remain posted for one year from the date signed. Employees or applicants for employment who have questions about their rights under Title VII or any other federal antidiscrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000, (305) 530-6001 or (305)530-6005.

Signed this

day of _____________ , 1999.

PRESIDENT, Walpole, Inc.

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?569687057222933-L_3...

U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:99-cv-00999-RAL

CLOSED, TBM

EEOC v. Walpole, Inc. Assigned to: Judge Richard A. Lazzara Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission
1 of 5

Date Filed: 04/27/1999 Date Terminated: 08/17/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by C. Gregory Stewart Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY
Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklin-thomas@eeoc.gov LEAD ATTORNEY
Gilbert Carrillo Law Office of Gilbert Carrillo P.A 2651 SW 109 Avenue Davie, FL 33328-1003 954/258-4565 Fax: 305/530-6121 Email: g2651carrillo@aol.com LEAD ATTORNEY
Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
5/25/2007 2:15 PM

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V. Defendant Walpole, Inc.

305/530-6010 LEAD ATTORNEY
Jennifer H. Zawid Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Angelique Groza Lyons Constangy, Brooks & Smith, LLC 100 North Tampa StreetSuite 3350 P.O. Box 1840 Tampa, FL 33602 813/223-7166 Fax: 813/223-2515 Email: alyons@constangy.com LEAD ATTORNEY
John W. Campbell Constangy, Brooks & Smith, LLC 100 North Tampa St., Ste.3350 P.O. Box 1840 Tampa, FL 33601-1840 813/223-7166 Fax: 813/223-2515 Email: jcampbell@constangy.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Dennis Malfitano Constangy, Brooks & Smith, LLC 100 N Tampa St - Ste 3350 PO Box 1840 Tampa, FL 33601-1840 813/223-7166 Fax: 813/223-2515 Email: mmalfitano@constangy.com LEAD ATTORNEY
Vincent R. Spano Dickerson Law Firm

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Intervenor Defendant Walpole, Inc. TERMINATED: 07/07/1999 Intervenor Defendant Walpole, Inc. Intervenor Steve M. Colbourne
V. Movant Steve M. Colbourne TERMINATED: 07/07/1999

2020 W. Brandon Blvd., Suite 206 Brandon, FL 33511 813/655-1801 LEAD ATTORNEY
represented by Bradley M. Bole Rahdert, Steele, Bole & Reynolds, PA 535 Central Ave St Petersburg, FL 33701 727/823-4191 Fax: 727/823-6189 Email: bradbole@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bradley M. Bole (See above for address) TERMINATED: 07/07/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
04/27/1999 04/27/1999
04/28/1999 04/30/1999
05/17/1999

#

Docket Text

1 COMPLAINT and demand for jury trial filed (bls) (Entered: 04/28/1999)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Thomas B. McCoun III (bls) (Entered: 04/28/1999)
SUMMONS issued for Walpole, Inc. Consent issued. (bls) (Entered: 04/28/1999)
2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jlh) (Entered: 05/03/1999)
3 MOTION with memorandum in support to intervene by Steve M. Colbourne ; proposed complaint attached. (dfd) Modified on 05/19/1999 (Entered: 05/19/1999)

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05/24/1999 07/06/1999 07/07/1999
07/07/1999 07/09/1999 07/13/1999 07/19/1999 07/19/1999 07/29/1999 08/04/1999 08/17/1999
08/17/1999 08/23/1999 08/25/1999

NOTICE OF TRACK DESIGNATION addressed to Gilbert Carillo returned by United States Post Office (forwarding order expired). (dfd) (Entered: 05/25/1999)
4 CERTIFICATE OF SERVICE (Notice of compliance with Local Rule 3.05) of [2-1] track 2 notice of designation by United States Equal Employment Opportunity Commission (dfd) (Entered: 07/08/1999)
5 ORDER granting [3-1] motion to intervene by Steve M. Colbourne. The Clerk shall assign a docket number to the Complaint of Steve M. Colbourne attached to the motion. (Signed by Judge Richard A. Lazzara) ctc (dfd) (Entered: 07/08/1999)
6 Intervenor's COMPLAINT by Steve M. Colbourne against Walpole, Inc. (dfd) (Entered: 07/08/1999)
7 WAIVER OF SERVICE Returned Executed as to Walpole, Inc. on 5/19/99. Answer due on 7/19/99. (dfd) (Entered: 07/12/1999)
8 NOTICE of attorney appearance for Walpole, Inc. by John W. Campbell, Michael Dennis Malfitano, Angelique Groza Lyons, Vincent R. Spano (dfd) (Entered: 07/14/1999)
9 ANSWER and defenses to Complaint by Walpole, Inc. (dfd) (Entered: 07/20/1999)
10 MOTION by Walpole, Inc. with memorandum in support to dismiss , or in the alternative to stay the Federal Court proceeding (dfd) (Entered: 07/20/1999)
11 UNOPPOSED MOTION by EEOC to extend time for 14 days to respond to motion to dismiss (mrh) (Entered: 07/30/1999)
12 ORDER granting [11-1] motion to extend time for 14 days to respond to motion to dismiss, Response to motion reset to 8/16/99 for [10-1] motion to dismiss ( Signed by Judge Richard A. Lazzara ) ctc (jlh) (Entered: 08/05/1999)
13 ORDER: This cause is hereby dismissed with prejudice based on settlement and subject to the right of the parties, within sixty (60) days of the date of this order, to submit a stipulated form of final order or judgment should they so choose or for any party to move to reopen the action, upon good cause shown. After that 60-day period, however, dismissal shall be with prejudice. All pending motions, if any, are denied as moot. The Clerk is directed to close the file. (Signed by Judge Richard A. Lazzara) ctc (dfd) (Entered: 08/18/1999)
CASE CLOSED. (dfd) (Entered: 08/18/1999)
Proposed consent decree submitted. (smb) (Entered: 08/24/1999)
14 CONSENT DECREE between EEOC and defendant Walpole, Inc.; defendant will not engage in conduct which violates Title VII of the Civil Rights Act of 1964; anti-discrimination policy training shall be scheduled at the Mango, Florida facility; Walpole, Inc. shall pay $5,000.00 to Steven Colbourne; each party shall bear its own costs and attorneys' fees; duration of this Decree is one year; case is dismissed with prejudice; the court retains jurisdiction to enforce this consent decree ( Signed by Judge Richard A. Lazzara ) (ctc) (crb) (Entered: 08/26/1999)

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