Case 1:97-cv-04375-KMM Document 1 Entered on FLSD Docket 12/29/1997 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

97-- MIAMI DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

4375

COMMISSION,

)

Plaintiff,

) )

CIV·MOORE

)

CIVIL ACTION NO.

v.

)

)

MEARS TRANSPORTATION GROUP, INC. )

M\~~rr;t;~!~~ COMPLAINT

. ~~

8

~---~

and
A-1 LIQUIDATING CORPORATION, f/k/a A-1 BUS LINES,

)

l'

) ) )

.

\ -...)

JURY TRIAL INWNCTIVE

DEM~ND :...:>r;--2
RELIEJlc·$OOCii1~~

~

)

_.. .~,-
..... ~ ,__- -.

-·-':--?

I l,

- - \ ~I

)

Defendants.

)

NATURE OF THE 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 sex and retaliation, and to provide appropriate relief to Harriet Quarles who was adversely affected by such practices. As stated with greater particularity in paragraphs nine and ten, the Commission alleges that the terms and conditions of Ms. Quarles' employment with A-1 Bus Lines was adversely affected because of her sex, female, and that she was later denied rehire by A-1 Bus Lines in retaliation for alleging she had been the victim of employment discrimination. The Commission also alleges that Mears Transportation Group, Inc., later refused to hire Ms. Quarles in retaliation for her having filed a complaint with the Equal Employment Opportunity Commission.

Case 1:97-cv-04375-KMM Document 1 Entered on FLSD Docket 12/29/1997 Page 2 of 8
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)(l) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A . 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Florida, Miami Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission" or "EEOC"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by
Section 706(f)(J) and tn of Title VTT. 42 lT S C & 2000e-5(f)(J) and (3).
4. At all relevant times, Defendant, Mears Transportation Group, Inc. (""Employer Mears"). has continuously been a Florida Corporation doing business in the State of Florida and the City of Miami, and has continuously had at least 15 employees.
5. At aii reievant times, Defendant. A-1 Liquidating Corporation, fik/a A-1 Bus Lines ("Employer A-1 "). has continuously been a Florida Corporation doing business in the State of Flonda and the City of Miami, and has continuously had at least l5 employees.
6. At all relevant times, Defendant Employer Mears 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).
2

Case 1:97-cv-04375-KMM Document 1 Entered on FLSD Docket 12/29/1997 Page 3 of 8
7. At all relevant times, Defendant Employer A-1 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 8. More than thirty days prior to the institution of this lawsuit, Harriet Quarles filed a charge with the Commission alleging violations of Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least December 1992, Defendant Employer A-1 was engaged in unlawful employment practices at its Miami, Florida facility, in violation of Section 703(a) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and § 2000e-3(a) in that it:
a. paid the costs of one hotel room for the male drivers assigned to the Miami to Orlando route, while Harriet Quarles was told to either share the company paid hotel room with the male driver or to pav for her own hotel room: and, b. retaliated against Harriet Quarles for filing a Charge of Discrimination with the EEOC by not rehiring her as an employee, as it had done the year(s) before she had filed an EEOC Charge. Ms. Quarks was quaiified, applied, was not rehired, although Defendant Employer A-1 continued to seek applicants who had not filed an EEOC Charge. 10. Since at least January 1995, Defendant Employer Mears has engaged in unlawful employment practices at Miami, Florida facility, in violation of Section 704 (a) of Title VII, 42 U.S.C. § 2000e-3(a) in that it retaliated against Harriet Quarles by not hiring her for available
3

Case 1:97-cv-04375-KMM Document 1 Entered on FLSD Docket 12/29/1997 Page 4 of 8
positions because she had previously tiled a discrimination charge against her former Employer, A-1 Bus Lines. Ms. Quarles was qualified, applied, was not hired, although Defendant Employer Mears continued to seek applicants who had not filed an EEOC Charge.
11. The effect of the practice(s) complained of in paragraphs 9 and 10 have been to deprive Harriet Quarles of equal employment opportunities and otherwise adversely affect her status as an employee and as an applicant for employment, because of her sex.
12. The unlawful employment practices complained of in paragraphs 9 and 10 were and are intentional.
13. The unlawful employment practices complained of in paragraphs 9 and 10 were and are being done with malice or with reckless indifference to the federally protected rights of Harriet Quarles.
PRAYER FOR RELIEF Wherefore. the Commission respectfullv requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer Mears, its officers, successors, assigns, and all persons in active concert or participation with it, from retaliating and engaging in any other employment practice which discriminates on the basis of opposition to an unlawful employment practice. B. Grant a permanent injunction enjoining Defendant Employer A-1, its officers, successors, assigns, and all persons in acLive concen or paniciparion with ii, from engaging in sex discrimination and retaliation and any other employment practice which discriminates on the basis of sex and opposition to an unlawful employment practice. C. Order Defendant Employer Mears to institute and carry out policies, practices,
4

Case 1:97-cv-04375-KMM Document 1 Entered on FLSD Docket 12/29/1997 Page 5 of 8
and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices.
D. Order Defendant Employer A-1 to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices.
E. Order Defendant Employer Mears to make whole Harriet Quarles, 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, including but not limited to, rightful-place hiring or front pay.
F. Order Defendant Employer A-1 to make whole Harriet Quarles, 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, including but not limited tn, rightful-plan' hiring nr front pay :md providing equal terms and conditions of employment to both genders.
G. Order Defendant Employer Mears to make whole Harriet Quarles by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 10 above, in amounts to be determined at trial.
H. Order Defendant Employer A-1 to make whole Harriet Quarles by providing compensation for past and future pecuniary losses resultmg from the unlawful practices complained of in paragraph 9 above, in amounts to be determined at trial.
I. Order Defendant Employer Mears to make whole Harriet Quarles by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices
5

Case 1:97-cv-04375-KMM Document 1 Entered on FLSD Docket 12/29/1997 Page 6 of 8
complained of in paragraph 10 above, including the emotional pain, suffering, inconvenience and humiliation, in amounts to be determined at trial.
J. Order Defendant Employer A-1 to make whole Harriet Quarles by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including emotional pain, suffering, inconvenience and humiliation, in amounts to be determined at trial.
K. Order Defendant Employer Mears to pay Harriet Quarles punitive damages for its malicious and reckless conduct described in paragraph 10 above, in amounts to be determined at trial.
L. Order Defendant Employer A-1 to pay Harriet Quarles punitive damages for its malicious and reckless conduct described in paragraph 9 above. in amounts to be determined at trial.
M. Grant such further relief as the Court deems nece'>sary and proper in the puhlic interest.
N. 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.
6

Case 1:97-cv-04375-KMM Document 1 Entered on FLSD Docket 12/29/1997 Page 7 of 8
C. GREGORY STEWART General Counsel GWENDOLN Y. REAMS Associate General Counsel EVE G. LOWE Acting Regional Attorney
Trial Attorney Florida Bar Number 980500 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Two South Biscayne Boulevard Suite 2700 Miami, Florida 33131 (305) 530-6006 (305) 530-7660 Facsimile
MEARS/A-I COMPLAINT 7

4 3 7 5 Case 1:97-cv-04375-KMM Document 1 Entered on FLSD Docket 12/29/1997 Page 8 of 8 CIVIL COVER SHEET

The JS..W civil cover sheet and the information eonuined here,n rwither replace nGf supplement the fili"t and •rviu of pl~.clinga

rules of court. This form, opproved by
~ MA i HAT~cti•iJjflm'\_ "-- 1su INSTRUCTIONs ON THE

the Judicial Conloronc;a of tht REVERSE oF THE FORM.,

United

Stott>

in

September

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is

required

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the

use

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I (a) PLAINTIFFS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS

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MEARS TRANSPORTATION GROUP, INC.

and -

A-1 LIQUIDATING COPORATION, f/k/a A-1 BUS LINES

(b) COUNTY OF RESIDENCE OF FIRST LISTED PlAINTIFF------

ORANGE COUNTY OF RESIDENCE OF ARST USTED DEFENDANT _ _ _ _ _ __

~A~;J~,~~-L~~~~~-L--f-~~~~~~--------1------T~ ~NV~ (EXCEPT IN U.S. PlAINTIFF CASES}

(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONOEMNATION CASES. USE lliE LOCATION OF THE
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ooNOr<=.AJIIISiliCTlONSTArvres\H..EssOIYER$1T'lJ of the Civil Rights Act of 1964 and Title I of the Civil Rights Act

of 1991, to correct unlawful employment pactices on the basis of sex (female), and to make

whole
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5

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CHECK IF THIS IS A CLASS ACTION
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VIU. RIFEALANTYED CASE(S) !See instructions):

JUDGE - - - - - - - - - - - D O C K E T NUMBE...__ _ _ _ _ _ _ __

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SIGNATURE OF ATTORNEY OF RECORD

UNITED STATES DISTRICT COURT
S/F I-2 REV. 6/90

FOR OFFICE USE ONLY: Receipt_lo. _ _ _ _ _ _ _ Aloullt: _ _ _ __ Date Paid:_ _ _ _ _ _ _ ll/ifp: ______

 
 Case 1:97-cv-04375-KMM Document 37 Entered on FLSD Docket 09/28/1998 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Case No. 97-04375-CIV-MOORE

Plaintiff,

vs.

ORDER

MEARS TRANSPORTATION GROUP, INC. and A-1 LIQUIDATING CORPORATION flkla A-1 BUS LINES,

______D_e_fe_n_da_n_ts_._____________________./

. --····~.-.•·
"- ·Sf..!' ?. I 199P. .,.

1... I~M<' "'•, IIJFNKE

CL£R.< u.S. Lll<;r. CT.

~

S.O. 1lf rLA. • ... ,.. ., 1

··~

THIS CAUSE came before the Court upon Defendant's Motion for Continuance of Trial (filed September 17, 1998).
UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED that Plaintiffs Motion for Continuance of Trial is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, thi~/~ay of September,
1998.

copies provided: Kevin Shaughnessy, Esq. Kelly Henderson, Esq. Ramon de Ia Cabada, Esq.

 
 Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 1 of 11

"UI"I fUll JUIUi£

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

,_,,CIHT I!IOX
f'ILIO
MAR 10 1999

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MEARS TRANSPORTATION GROUP, INC. )

)

and

)

)

A-1 LIQUIDATING CORPORATION,

)

f/kla A-1 BUS LINES,

)

)

Defendants.

)

_ CARL~JS JUENH.£
Cl. ~K, U3DC I SDFL j MIA

CML ACTION NO. 97 -4375-CIV -MOORE
MAGISTRATE JUDGE BROWN

-· ~

' '

J

~-~.

CONSENT PECRBB 1. This Consent Decree (the •necree") is made and entered

into by and between Plaintiff, the Equal Employment Opportunity Cormnission (hereinafter referred to as the •cormnission" or "EEOC") ,

and Defendant A-1 Liquidating Corporation, f/k/a, A-1 Bus Lines

(hereinafter referred to as "A-1") . The Cormnission and A-1 are

collectively referred to herein as •the Parties."

2. On December 23, 1997, EEOC initiated this action by

filing a Complaint against A-1 and Mears Transportation Group, Inc.

EEOC's Complaint alleged, in part, that A-1 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

Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 2 of 11
U.S.C. Section 2000e et seq. ("Title VII"). In part, the Commission's Complaint alleged that the terms and conditions of Harriet Quarles' employment with A-1 was adversely affected because of her sex, female, and that she was later denied employment by A-1 in retaliation for her having filed a charge of discrimination with the Commission.
3. On June 30, 1998, A-1 filed its Answer to EEOC's Complaint, denying allegations contained in the EEOC's Complaint that its actions were discriminatory.
4. In the interests of resolving this matter and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Consent Decree (hereinafter referred to as "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 A-1 arising out of EEOC Charge Numbers 150-93-5284 and 15094-2044, and the Complaint filed in this action, and constitutes a complete resolution of all claims under Title VII that were made or could have been made by the Commission against A-1 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
2

Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 3 of 11
than the Charges referred to in this paragraph. 6. This Decree constitutes the complete agreement between
the EEOC and A-1 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 by the Court 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, ADJODGBD AND DBCRBBD 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.
GBNBRAL INJUNCTIVE PROVISIONS 8. Defendant A-1, its officers, managers and employees, are enjoined from engaging 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 gender of that person.
3

Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 4 of 11
9. Defendant A-1, its officers, managers and employees, are enjoined from discriminating 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 an investigation, proceeding and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case.
TRAINING
10. Defendant A-1 has established a written policy of compliance with Title VII. A copy of Defendant A-1's Title VII compliance policy is attached hereto as Exhibit A. Defendant A-1 agrees to provide a complete copy of its Title VII policy to all its employees within 30 days of the entry of this Decree.
11. In order to further insure the effective implementation of Defendant A-1's anti-discrimination policies, Hank Bearsley, the President of A-1, at his own expense, will attend an EEOC sponsored Technical Assistance Program in Orlando, Florida, to be held July. 27, 1999, at the Clarion Plaza Hotel.
POSTING
12. Defendant A-1 will post within seven days from the date of entry of this Decree the notice attached hereto as Exhibit B.
4

Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 5 of 11
Said notice shall be posted at all A-1 facilities for 30 months on the front door of the office suite occupied by A-1 Liquidating Corporation at 4315 SW 34th Street, Orlando, Florida 32811.
MONITORING 13. Defendant A-1 will retain all employment records, including applications for employment, as required under federal law, for the duration of this Decree. 14. Defendant A-1 will provide a copy of this Decree to any employee who requests same. 15. Defendant A-1 will certify to the EEOC by December 24th of each year throughout the duration of this Decree, in a letter to the Miami District Office of the EEOC sent to the attention of Kelly Henderson, EEOC Trial Attorney, U.S. Equal Employment Opportunity Commission, at 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131, that it is in compliance with all aspects of this Decree.
MONETARY RBLIEP 16. Defendant A-1 shall pay Harriet Quarles $10,000.00. Payment to Harriet Quarles will be made within ten business days of the Court's execution of this Decree by certified mail with a return receipt requested. Defendant A-1 agrees to simultaneously provide the Miami District Office of the EEOC with a copy of these
5

Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 6 of 11
payments or checks. Said copies shall be forwarded to the attention of Kelly Henderson at the address set forth in paragraph 15 of this Decree.
17. If the Defendant A-1 fails to tender the above-mentioned payment, it shall pay interest on the defaulted payment at the rate calculated 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 non-compliance or delay of the Defendant.
DISPUTE RESOLUTION 18. 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 complaining 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 OP DECREE 19. The Commission and A-1 will make best efforts to effectuate the terms of this Decree. 20. The Commission and A-1 shall each have independent
6

Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 7 of 11

authority to seek the judicial enforcement of any aspect, term or provision of this Decree.
21. The Court will take whatever measures it deems appropriate to effectuate the enforcement of the terms of this Decree.
COSTS 22. Each Party shall bear its own costs and attorneys' fees associated with this litigation.
DURATION OP CONSENT DECREE 23. The duration of this Decree shall be 30 months from the date of entry of the Decree. During that time, this Court shall retain jurisdiction over this matter and the Parties for purposes of enforcing compliance with the Decree, including such orders as may be required to effectuate its purposes.

SO ORDERED, ADJUDGED AND DECREED, this
)f&J ' 1999.

!114

day of

7

Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 8 of 11
AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

by:

Date: 3/ql 19

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 DEFENDANT

by:

Date:

RAMON de la CASADA, ESQ.

Law Office of Ramon de la Cabada

300 Sevilla Avenue, Suite 206

Miami,. Florida 33134

305-443-7100

305-443-1775 FAX

8

Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 9 of 11
EXBIBIT "A"
Subject: EMPLOYMENT
Egual Emoloyment Qpaortunity
A-I LIQUIDATING CORPORATION SUBSCRIBES TO A POLICY OF EQUAL EMPLOYMENT OPPORTUNITY, MAKING EMPLOYMENT AVAILABLE WITHOUT REGARD TO RACE, RELIGION, NATIONAL ORIGIN, CITIZENSHIP STATUS ACCORDING TO THE IMMIGRATION REFORM AND CONTROL ACT OF 1986, SEX, SEXUAL ORIENTATION, AGE, OR DISABILITY.
A-1 LIQUIDATING CORPORATION BELIEVES TIIAT EMPLOYEES HAVE A RIGHT TO WORK IN AN ENVIRONMENf FREE OF VERBAL OR PHYSICAL HARASSMENT ON ACCOUNT OF RACE, RELIGION, NATIONAL ORIGIN, SEX, SEXUAL ORIENTATION, AGE, DISABILriY, OR ANY PERSONAL CHARACTERISTIC. SUCH HARASSMENT ON THE PART OF SUPERVISORS OR EMPLOYEES WILL NOT BE TOLERATED.
The Civil Rights Act of 1964, as amended, makes it an unlawful employment practice:
To fail or refuse to hire or to discharge, or otherwise discriminate with respect to compensation, tenns, conditions or privileges of employment because ofrace, color, religion, sex, or national origin.
To segregate, limit or classify employees in any way which deprives, or tends to deprive, any
individual ofemployment opportunities or status because of race, color, religion, sex, or national origin.
The Federal Age Discrimination in Employment Act, applicable to individuals 40 years ofage and
older, makes it an unlawful practice:
To fail or refuse to hire or to discharge any individual or to otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's age within the specified range of 40 and above.
To use age, 40 years and over, as a basis for limiting, segregating, or classifying employees in any way which deprives, or tends to deprive, any individual of employment opportunities or to otherwise adversely affect the employment status.
To reduce the wage rates of any employee in order to comply with the Act.

Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 10 of 11

The Americans With Disabilities Act applies to qualified individuals with disabilities. Qualified individuals are persons who satisfy the skills, experience, educational, and other job-related requirements of the position who can perform the essential functions of the job with or without reasonable accommodation.

It is an unlawful employment practice:

To fail or refuse to hire or to discharge, or otherwise discriminate against qualified individuals' with disabilities with respect to compensation, tenns, conditions, or privileges of employment because of the disability; or,

To segregate, limit, or classify employees in any way which deprives, or tends to deprive, any qualified individual with disabilities of employment opportunities or status because of the disability.

Bans on discriminatory treatment cover applicants for employment as well as employees.

Differential treatment is prohibited in all aspects of the employment relationship, including:

Hiring
Discipline Promotion Training

Transfer Job Assignment Termination Rate ofPay

Case 1:97-cv-04375-KMM Document 53 Entered on FLSD Docket 03/18/1999 Page 11 of 11

EXHIBIT "B" NQTICE NOTICE TO ALL EMPLOYEES AND APPLICANTS FOR EMPLOYMENT
POSTED PURSUANT TO AN ORDER OF THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA

This notice is being posted as part of a Consent Decree

entered by the Court in EEOC v. Mears Transportation Group. Inc.,

and A-1 Ligyidating CokPoration, f/k/a A-1 Bus Lines, Civil Action

No. 97-4375-CIV-MOORE. As part of the Consent Decree, A-1

Liquidating Corporation, has agreed that it will not discriminate

against employees in violation of Title VII of the Civil Rights Act

of 1964 ("Title VII") . Title VII, protects individuals from

discrimination in all aspects of employment, including hiring,

because of their race, religion, color, national origin, or sex.

Furthermore, A-1 Liquidating Corporation 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 thirty months from the

date signed. Employees or applicants for employment who have

questions about their rights under Title VII or any other federal

anti-discrimination law may telephone the Miami District Office of

the Equal Employment Opportunity Commission at 1-800-669-4000,

(305) 530-6001 or (305)530-6006.

Signed this

day of _____________ , 1998.

PRESIDENT, A-1 LIQUIDATING CORPORATION

 
 Case 1:97-cv-04375-KMM Document 58 Entered on FLSD Docket 07/21/1999 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT. ; - --~:..::c- __ ,.

FOR THE SOUTHERN DISTRICT OF FLORIDA . - ···

MIAMI DIVISION

9

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
V.
MEARS TRANSPORTATION GROUP, INC.
and
A-1 UQUIDATING CORPORATION, flkla A-1 BUS LINES, Defendants.

)

)

)

)

)

CIVIL ACTION NO.

) 97-4375-CIV-MOORE

)

) MAGISTRATE JUDGE

)

JOHN O'SULUVAN

r ---~

___ ~

. /~

l

) t

1 ..

"'

CONSENT DBCRBB
1. This Consent Decree (the "Decree") is made and entered into by and between Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the "Cormdssion• or "EEOC•)
and Defendant Mears Transportation Group. Xnc •. (hereinafter
referred to as "Mears•). The Commission and Meare are collectively referred to herein as nthe Parties."
2. On December 23, 1997, EEOC initiated this action by filing its Complaint against Mears and A-1 Liquidating Corporation("A-1"). EEOC's Complaint alleged that Mears and A-1 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 EEOC charges filed by Harriet Quarles
~

Case 1:97-cv-04375-KMM Document 58 Entered on FLSD Docket 07/21/1999 Page 2 of 9
{"Quarles") against Mears. 3. On June 4, 1998, Mears filed its Answer to EEOC's
Complaint, denying its actions were discriminatory in any way. The settlement of this matter does not constitute an admission of liability or wrongdoing by Mears regarding Quarles's employment with A-1 or Mears or at any other time. Mears expressly denies that it discriminated against Quarles and it does not acquiesce to nor agree with any of the allegations in the Complaint.
4. In the interests of resolving this matter, to avoid the costs of litigation and as a result of having engaged in 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 Mears arising out of EEOC Charge Numbers 150-93-5284 and 150-94-2044, and the Complaint filed in this action, and constitutes a complete resolution of all claims that were made by the Commission against Mears in this action or that existed against
Mears in this action. The Parties further agree that t},iiiJ Decree does not resolve any Charges of Discrimination that may be peGdi ng
with the EEOC other than the Charges referred to in this paragraph. 6. This Decree constitutes the complete agreement between
the EEOC and Mears with respect to the matters referred to herein. No representations or inducements to compronrise this action have been made, other that those recited or referenced in this Decree.
2

Case 1:97-cv-04375-KMM Document 58 Entered on FLSD Docket 07/21/1999 Page 3 of 9
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 by the Court 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.
GBNBRAL INJONCTJ:VB PROVISJ:OHS
B. Defendant Mears, its officers, managers, employees, agents and partners, are enjoined from engaging 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 gender of that person.
9. Defendant Mears, its officers, managers, employees, agents and partners, are enjoined from discriminating against any employee or applicant for employment who opposes any of Defendant's practices which the employee believes to be a violation of the 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.
3

Case 1:97-cv-04375-KMM Document 58 Entered on FLSD Docket 07/21/1999 Page 4 of 9
TRAINING 10. Defendant Mears has established a written policy of compliance with Title VII. A copy of Defendant Mears• Title VII compliance policy has been provided to the EEOC and Defendant Mears certifies that a complete copy of its Title VII policy has been provided to all its employees at its Miami facility. 11. In order to further insure the effective implementation of Defendant Mears 1 s anti-discrimination policies, Mears will conduct training for all of its managers and supervisory personnel at its Miami facility on all aspects of Title VII. Such training will be at least two hours in length and be conducted by the law
firm of Akerman, Senterfitt & Eidson, P.A., within six months of the entry of this Decree. Mears agrees to provide the EEOC, at least two weeks notice before it conducts its training session(s), with the date and location of the training, copies of all training materials to be used at the training session, the name of the individual(s) who will be providing the training and a list of the
names and titles of each employee who will be in attendance at the
training. Additionally, Mears agrees that the EEOC shall, at the EEOC 1 s discretion, have the option to be in attendance at the training session.
POST DIG 12. Defendant Mears will post within seven days from the date of entry of this Consent Decree the notice attached hereto as Exhibit A. Said notice shall be posted at Mears• Miami facility for one year in a conspicuous location accessible to all employees.
4

Case 1:97-cv-04375-KMM Document 58 Entered on FLSD Docket 07/21/1999 Page 5 of 9
13. Defendant Mears will retain all employment records, including applications for employment, as required under federal law, for the duration of this Decree.
14. Defendant Mears will certify to the EEOC by December 24th of each year throughout the duration of this Decree, in a letter to the Miami District Office of the EEOC sent to the attention of EEOC Attorney Kelly Henderson, that it is in compliance with all aspects of this Consent Decree.
MONETARY RBLIBF
15. Defendant Mears shall pay Harriet Quarles $5,000.00 in back pay, less amounts required to be withheld for federal, state and local income taxes. Mears shall be responsible for the payment of the employer's share of any federal, state, local or social security withholding. Defendant Mears agrees to pay Harriet Quarles $5,000.00 in compensatory damages. Mears will issue IRS forms W-2 and 1099 to Harriet Quarles as required by law. Both payments to Harriet Quarles will be made within ten business days of the Court's execution of this Decree by certified mail with a return receipt requested. Defendant Mears 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 Kelly Henderson, EEOC Trial Attorney, U.S. Equal Employment Opportunity Commission, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
16. If the Defendant Mears fails to tender the abovementioned payments as set forth in paragraph 15, then the Defendant
5

Case 1:97-cv-04375-KMM Document 58 Entered on FLSD Docket 07/21/1999 Page 6 of 9
shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 662l(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 18. 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 complaining 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.
BNPORCBIIBHT OP DBCRD
19. The Commission and Mears will make best efforts to effectuate the terms of this Decree.
20. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree.
21. The Court will take whatever measures it deems appropriate to effectuate the enforcement of the terms of this Decree.
6

Case 1:97-cv-04375-KMM Document 58 Entered on FLSD Docket 07/21/1999 Page 7 of 9

COSTS

22. Each Party shall bear its own costs and attorneys' fees associated with this litigation.
DURATION OF CONSENT DECREE

23. The duration of this Decree shall be one (1) year from

the date of entry of the Decree. During that time, this Court

shall retain jurisdiction over this matter and the Parties for

purposes of enforcing compliance with the Decr~e, in~luding, such

orders as may be required to effectuate its purposes.

24. This case is CLOSED. All motions not otherwise ruled upon are

DENIED as moot.
SO ORDERED, ADJUDGED AND DBCRBBD, this ,/~

day of July,

1999.

ted States District
• MICHAEL MOORE

7

Case 1:97-cv-04375-KMM Document 58 Entered on FLSD Docket 07/21/1999 Page 8 of 9

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

c% ~~T~ by,

Date,

fj I ms

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: N UGHNESSY, E

Dat~:?~ttn

J. CE ACKBRBAUM COX, ESQ.

Akerman, Senterfitt & Edison, P.A.

Attorneys for Defendant Mears Transportation Group, Inc.

255 South Orange Ave.

P. 0. Box 231

Orlando, Florida 32802-0231

407-843-7860

407-843-6610 FAX

8

Case 1:97-cv-04375-KMM Document 58 Entered on FLSD Docket 07/21/1999 Page 9 of 9

EXHIBIT "A• NOTICE NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO AN ORDER OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
Mears Transportation Group, Inc., has agreed that it will not discriminate against employees in violation of Title VII of the Civil Rights Act of 1964 ("Title VII") . Title VII, protects individuals from discrimination in all aspects of their employment, including hiring, because of their race, religion, color, national origin, or sex.
Mears Transportation Group, 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 Corrunission at 1-800-669-4000, (305) 530-6001 or (305)530-6006.

Signed this

day of ------------' 1998.

PRESIDENT, MEARS TRANSPORTATION GROUP, INC.

 
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U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:97-cv-04375-KMM

CLOSED

Equal Employment v. Mears Transportation, et al Assigned to: Judge K. Michael Moore Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 12/23/1997 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kelly James Henderson Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6006 Fax: 530-7660 Email: flprobate@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Mears Transportation Group, Inc.

represented by Joyce Ackerbaum Cox Baker & Hostetler 200 S Orange Avenue Suite 2300 PO Box 112 Orlando, FL 32802-0112 407-649-4000 Fax: 841-0168 Email: jacox@bakerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin William Shaughnessy Baker & Hostetler 200 S Orange Avenue Suite 2300 PO Box 112 Orlando, FL 32802-0112 407-649-4000 Fax: 841-0168 Email: kshaughnessy@bakerlaw.com LEAD ATTORNEY

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Defendant
A-1 Liquidating Corporation formerly known as A-1 Bus Lines

ATTORNEY TO BE NOTICED
represented by George Louis Fernandez Wolpe Leibowitz Alvarez & Fernandez 44 West Flagler Street Penthouse Miami, FL 33130 305-372-0060 Fax: 372-8252 Email: gfernandez@wlaf-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ladd Hiram Fassett Fassett Anthony & Taylor 1325 West Colonial Drive Orlando, FL 32804 407-872-0200 Fax: 422-8170 TERMINATED: 01/04/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ramon De La Cabada 3191 Coral Way Miami, FL 33145 305-443-7100 Fax: 443-1932 Email: Patti@delacabadalaw.fdn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/23/1997
12/23/1997 12/23/1997 12/23/1997 04/02/1998

#

Docket Text

1 COMPLAINT and juryu trail demand injunctive relief sought filed; FILING FEE waived; STB; A-7 (gz, Deputy Clerk) (Entered: 12/29/1997)

Magistrate identification: Magistrate Judge Stephen T. Brown (gz, Deputy Clerk) (Entered: 12/29/1997)

2 SUMMONS(ES) issued for Mears Transportation (gz, Deputy Clerk) (Entered: 12/29/1997)

3 SUMMONS(ES) issued for A-1 Liquidating Corp (gz, Deputy Clerk) (Entered: 12/29/1997)

4 SUMMONS(ES) issued for A-1 Liquidating Corp (lk, Deputy Clerk) (Entered: 04/07/1998)

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05/20/1998 05/20/1998 05/20/1998 05/21/1998
05/27/1998 05/27/1998 06/01/1998 06/05/1998
06/05/1998 06/09/1998 06/22/1998 06/26/1998
06/26/1998 07/06/1998

5 MOTION with memorandum in support by A-1 Liquidating Corp for Ramon de la Cabada to appear pro hac vice (lk, Deputy Clerk) (Entered: 05/22/1998)
Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 692442 (lk, Deputy Clerk) (Entered: 05/22/1998)
6 AFFIDAVIT of Ramon de la Cabada by A-1 Liquidating Corp Re: [5-1] motion for Ramon de la Cabada to appear pro hac vice (lk, Deputy Clerk) (Entered: 05/22/1998)
7 MOTION with memorandum in support by A-1 Liquidating Corp to dismiss this action for the failure of the plaintiff to obtain service of process within 120 days after the filing of the Complaint (Former Deputy Clerk) (Entered: 05/28/1998)
8 MOTION by Equal Employment for entry of default as to Mears Transportation (lk, Deputy Clerk) (Entered: 05/29/1998)
9 AFFIDAVIT by Equal Employment Re: [8-1] motion for entry of default as to Mears Transportation (lk, Deputy Clerk) (Entered: 05/29/1998)
10 ORDER granting [5-1] motion for Ramon de la Cabada to appear pro hac vice (signed by Judge K. M. Moore on 5/29/98) CCAP (dg, Deputy Clerk) (Entered: 06/03/1998)
11 RESPONSE by Equal Employment to [7-1] motion to dismiss this action for the failure of the plaintiff to obtain service of process within 120 days after the filing of the Complaint (dg, Deputy Clerk) (Entered: 06/08/1998)
12 NOTICE of withdrawal of motion for Clerk's entry of default by Equal Employment (dg, Deputy Clerk) (Entered: 06/08/1998)
13 Answer and affirmative defenses by Mears Transportation (Attorney Kevin William Shaughnessy), (dg, Deputy Clerk) (Entered: 06/10/1998)
14 MOTION with memorandum in support by A-1 Liquidating Corp for leave to file reply to plaintiff's request to extend 120 day service deadline [pldg in pod 1] (dg, Deputy Clerk) (Entered: 06/26/1998)
15 OMNIBUS ORDER granting [14-1] motion for leave to file reply to plaintiff's request to extend 120 day service deadline, denying [7-1] motion to dismiss this action for the failure of the plaintiff to obtain service of process within 120 days after the filing of the Complaint ( signed by Judge K. M. Moore on 6/26/98) CCAP (Former Deputy Clerk) (Entered: 07/08/1998)
16 REPLY by A-1 Liquidating Corp to [11-1] motion response (Former Deputy Clerk) (Entered: 07/09/1998)
17 MOTION with memorandum in support by A-1 Liquidating Corp to dismiss the act of discrimination alleged by the plaintiff (Former Deputy Clerk) (Entered: 07/16/1998)

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07/06/1998 07/06/1998 07/16/1998 07/17/1998 08/06/1998 08/07/1998 08/07/1998 08/14/1998 08/14/1998 08/18/1998 08/21/1998 08/21/1998 08/21/1998
08/25/1998 08/27/1998

18 Answer and affirmative defenses by A-1 Liquidating Corp (tb, Deputy Clerk) (Entered: 07/17/1998)
19 ORDER that counsel for all parties are directed to meet before 7/22/98 and file a scheduling report on or before 8/5/98 ( signed by Judge K. M. Moore on 7/3/98) CCAP (tb, Deputy Clerk) (Entered: 07/17/1998)
20 MOTION with memorandum in support by Equal Employment to extend time to respond to motion to dismiss (dg, Deputy Clerk) (Entered: 07/22/1998)
21 PRETRIAL ORDER filed: Scheduling Conference deadline: 8/6/98 Scheduling Meeting Report due 8/20/98 ( signed by Judge K. M. Moore on 7/17/98) CCAP (dg, Deputy Clerk) (Entered: 07/22/1998)
22 Case Scheduling Report of Scheduling Meeting by A-1 Liquidating Corp, Mears Transportation, Equal Employment 8/20/98 (wc, Deputy Clerk) (Entered: 08/10/1998)
23 ORDER granting [20-1] motion to extend time to respond to motion to dismiss ( signed by Judge K. M. Moore on 8/6/98) CCAP (Former Deputy Clerk) (Entered: 08/12/1998)
24 RESPONSE by Equal Employment to [17-1] motion to dismiss the act of discrimination alleged by the plaintiff (cp, Deputy Clerk) (Entered: 08/14/1998)
25 INITIAL disclosure preliminary Exhibit list by Mears Transportation (Former Deputy Clerk) (Entered: 08/18/1998)
25 INITIAL disclosure Witness list by Mears Transportation (Former Deputy Clerk) (Entered: 08/18/1998)
26 NOTICE to take deposition duces tecum of Harriet Quarles 10/15/98 at 9:00 (Former Deputy Clerk) (Entered: 08/20/1998)
27 ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Stephen T. Brown ( Signed by Judge K. M. Moore on 8/21/98) CCAP (Former Deputy Clerk) (Entered: 08/26/1998)
28 ORDER referring case to mediation. 15 days to appoint mediator ( signed by Judge K. M. Moore on 8/21/98) CCAP (Former Deputy Clerk) (Entered: 08/26/1998)
29 ORDER set Jury trial for 9:00 5/10/99 before Judge K. M. Moore , c set calendar call for 1:30 5/6/99 , set pretrial conference for 9:00 4/26/99 ( signed by Judge K. M. Moore on 8/21/98) CCAP (Former Deputy Clerk) (Entered: 08/26/1998)
30 MOTION with memorandum in support by A-1 Liquidating Corp to extend time to respond to plaintiff's response to defendant's motion to dismiss (tb, Deputy Clerk) (Entered: 08/28/1998)
33 ORDER granting [30-1] motion to extend time to respond to plaintiff's response to defendant's motion to dismiss Response to motion reset to

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08/28/1998 08/28/1998
08/28/1998 09/09/1998 09/17/1998 09/21/1998 09/23/1998 09/23/1998 09/23/1998 09/29/1998 09/29/1998 09/29/1998 12/07/1998 12/07/1998

8/28/98 for [17-1] motion to dismiss the act of discrimination alleged by the plaintiff (signed by Judge K. M. Moore on 8/27/98) CCAP (ra, Deputy Clerk) (Entered: 08/31/1998)
31 RESPONSE by A-1 Liquidating Corp to response to [17-1] motion to dismiss the act of discrimination alleged by the plaintiff (Former Deputy Clerk) (Entered: 08/31/1998)
32 ORDER granting [30-1] motion to extend time to respond to plaintiff's response to defendant's motion to dismiss Response to motion reset to 8/31/98 for [17-1] motion to dismiss the act of discrimination alleged by the plaintiff ( signed by Judge K. M. Moore on 8/28/98) CCAP (Former Deputy Clerk) (Entered: 08/31/1998)
34 AMENDED Rule 26 Initial Disclosure of by Equal Employment (Former Deputy Clerk) (Entered: 09/01/1998)
35 NOTICE of Mediation Hearing on 2/5/99 Jay Cohen added as mediator (Former Deputy Clerk) (Entered: 09/11/1998)
36 MOTION with memorandum in support by Mears Transportation to amend [29-4] order , or alternatively to continue trial (dg, Deputy Clerk) (Entered: 09/21/1998)
37 ORDER denying [36-1] motion to amend [29-4] order, denying [36-2] motion to continue trial ( signed by Judge K. M. Moore on 9/21/98) CCAP (dg, Deputy Clerk) (Entered: 09/28/1998)
38 MOTION with memorandum in support by Mears Transportation for Joyce Ackerbaum Cox to appear pro hac vice (dg, Deputy Clerk) (Entered: 09/30/1998)
Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 698467 (dg, Deputy Clerk) (Entered: 09/30/1998)
39 AFFIDAVIT by Mears Transportation Re: [38-1] motion for Joyce Ackerbaum Cox to appear pro hac vice (dg, Deputy Clerk) (Entered: 09/30/1998)
40 NOTICE of service of Defendant's first set of interogatories to Plaintiff by Mears Transportation (Former Deputy Clerk) (Entered: 10/02/1998)
41 MOTION by Mears Transportation to production of documents (Former Deputy Clerk) (Entered: 10/02/1998)
42 ORDER granting [38-1] motion for Joyce Ackerbaum Cox to appear pro hac vice ( signed by Judge Donald L. Graham on 9/29/98) CCAP (Former Deputy Clerk) (Entered: 10/02/1998)
43 AMNEDED NOTICE by A-1 Liquidating Corp to take deposition of Harriet Quarles 1/6/99 at 10:00 (tb, Deputy Clerk) (Entered: 12/09/1998)
44 AGREED MEDIATION NOTICE by A-1 Liquidating Corp, Mears Transportation, Equal Employment (tb, Deputy Clerk) (Entered: 12/09/1998)

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12/11/1998 12/29/1998 01/04/1999
01/15/1999 02/01/1999 02/01/1999 03/09/1999 03/11/1999
03/11/1999 03/17/1999 03/17/1999 04/28/1999 04/28/1999 07/02/1999 07/14/1999

45 2ND AMENDED NOTICE by A-1 Liquidating Corp to take deposition of Harriet Quarles on 1/13/99 at 10:00 (dg, Deputy Clerk) (Entered: 12/14/1998)
46 JOINT MOTION with memorandum in support by A-1 Liquidating Corp to substitute Ramon de la Cabada as Attorney (lk, Deputy Clerk) (Entered: 12/30/1998)
47 ORDER granting [46-1] motion to substitute Ramon de la Cabada as Attorney (Terminated: attorney Ladd Hiram Fassett for A-1 Liquidating Corp Added: Ramon de la Cabada) ( signed by Judge K. M. Moore on 12/31/98) CCAP (lk, Deputy Clerk) (Entered: 01/07/1999)
48 THIRD AMENDED NOTICE by A-1 Liquidating Corp to take deposition of Harriet Quarles 2/5/99 at 10:00 (tb, Deputy Clerk) (Entered: 01/20/1999)
49 NOTICE by A-1 Liquidating Corp to take deposition duces tecum of Craige Jean 2/12/99 at 9:00 (lk, Deputy Clerk) (Entered: 02/04/1999)
50 NOTICE by A-1 Liquidating Corp to take deposition of Leonard Quarles 2/12/99 at 1:30 (lk, Deputy Clerk) (Entered: 02/04/1999)
51 NOTICE OF SETTLEMENT filed by A-1 Liquidating Corp, Equal Employment (lk, Deputy Clerk) (Entered: 03/16/1999)
52 ORDER granting [36-1] motion to amend [29-4] order, granting [36-2] motion to continue trial Jury trial for 8/30/99 , setting pretrial conference for 9:00 8/16/99 ( signed by Judge K. M. Moore on 3/11/99) CCAP (lk, Deputy Clerk) (Entered: 03/16/1999)
53 CONSENT DECREE (signed by Judge K. M. Moore on 3/11/99) CCAP (ra, Deputy Clerk) (Entered: 03/18/1999)
54 CONSENT ORDER each party shall bear its own costs and attorneys' fees. ( signed by Judge K. M. Moore on 3/17/99) CCAP (lk, Deputy Clerk) (Entered: 03/19/1999)
55 ORDER denying as moot [17-1] motion to dismiss the act of discrimination alleged by the plaintiff. ( signed by Judge K. M. Moore on 3/17/99) CCAP (lk, Deputy Clerk) (Entered: 03/19/1999)
56 ORDER OF MAGISTRATE JUDGE REASSIGNMENT transferring case to Magistrate Judge John J. O'Sullivan ( signed by Judge K. M. Moore on 4/28/99) CCAP (ra, Deputy Clerk) (Entered: 04/30/1999)
Magistrate identification: Magistrate Judge John J. O'Sullivan (ra, Deputy Clerk) (Entered: 04/30/1999)
57 NOTICE OF SETTLEMENT filed by Mears Transportation, Equal Employment (lk, Deputy Clerk) (Entered: 07/08/1999)
58 CONSENT DECREE (Signed by Judge K. M. Moore on 7/14/99) CCAP [EOD Date: 7/21/99] (ra, Deputy Clerk) (Entered: 07/21/1999)

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07/14/1999

CASE CLOSED per [58-1]. Case and Motions no longer referred to Magistrate. (ra, Deputy Clerk) (Entered: 07/21/1999)

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