UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

FILED

RT TAMPA FRANCHISE, L.P. a/k/a RT TAMPA FRANCHISE, LTD. d/b/a RUBY TUESDAY,
Defendant.

COMPLAINT JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGHT

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 Amanda Roenigk (hereinafter "Ms. Roenigk") who was adversely affected by such practices. As stated with greater particularity in paragraph 7 below, the United States Equal Employment Opportunity Commission (hereinafter "EEOC" or the "Commission") alleges that Ms. Roenigk was subjected to sexual harassment by a management official of the Defendant corporation’s Fort Myers, Florida facility. The Commission further alleges that Defendant subsequently retaliated against Ms. Roenigk for engaging in a protected activity. Defendant Employer’s sconduct created a serious and material change in the terms and conditions of Ms. Roenigk’s employment rendering her working conditions so intolerable that she was forced to resign.

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(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(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 committed within the jurisdiction of the United States District Court for the Middle District of Florida, Fort Myers Division.
PARTIES 3. Plaintiff, the 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(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant RT Tampa Franchise, L.P. a/k/a RT Tampa Franchise, Ltd. d/b/a Ruby Tuesday ("Ruby Tuesday"), a Delaware corporation, has continuously been doing business in the State of Florida and the City of Fort Myers, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Ruby Tuesday 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 More than thirty days prior to the institution of this lawsuit, Ms. Roenigk filed a charge with the Commission alleging violations of Title VII by Defendant EmplAoyller.

conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least March 2002, Defendant Ruby Tuesday has engaged in unlawful
employment practices at its Fort Myers, Florida location in violation of Section 703(a) and Section 704(a) of Title VII, 42 U.S.C. §2000e-2(a) and §2000e-3(a).
a. Amanda Roenigk was subjected to sexual harassment by her direct supervisor in the form of unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment.
b. Defendant adversely altered the terms and conditions of Amanda Roenigk’s employment, including subjecting her to discipline, in retaliation for complaining of the unlawful sexual harassment.
c. Defendant’s unlawful conduct rendered the terms and conditions of Ms. Roenigk’s employment so intolerable that she was forced to resign.
8. The effect of the conduct complained of in paragraph 7 above has been to deprive Ms. Roenigk of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices.
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 Ms. Roenigk.

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment or any other employment practice which discriminates on the basis of sex and/or opposition to an unlawful employment practice. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunity for females and which eradicate the effects of its past unlawful employment practices. C. Order Defendant Employer to make whole Ms. Roenigk 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, reinstatement and rightful place promotion or front pay. D. Order Defendant Employer to make whole Ms. Roenigk by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including, but not limited to job search expenses and out of pocket losses, in amounts to be determined at trial. E. Order Defendant Employer to make whole Ms. Roenigk by providing compensation for past and future nonpecuniary losses ressulting 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 Employer to pay Ms. Roenigk punitive damages for its malicious
4

and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

Go

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.

ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
MICHAEL J. FARRELL Supervisory Trial Attorney

Trial Att~ney FL Bar No. 0171591 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower, Suite 2700 Two South Biscayne Boulevard Miami, Florida 33131-1805 Tel.: (305) 530-6009 or (305) 530-6001 Fax: (305) 536-4494

 
 Case 2:04-cv-00484-JES-DNF Document 15 Filed 11/29/2004 Page 1 of 10

L r: IN THE UNITED STATES DISTRICT CpuIiT

f)

FOR THE MIDDLE DISTRICT OF FLdR'nM . ~ 1

FT. MYERS DIVISI<?N I \ /2q IO~6'.O'-t Pt-:i

Date

T!I\\~

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

CLEHK, U. S. DiST[-::iC; C'Xq:n Ivl1DDLE DI~~Tr\ICT OF ::LORID/\
fT. {vr(Ef~S, flORiDA

Plaintiff,

Case No:
2:04-cv-484-FtM-29-DNF

G_ ~iJ1~d.i,lI~

AMANDA ROENIGK,

Intervenor,

v.
RT TAMPA FRANCHISE, L.P. a/k/a RT TAMPA FRANCHISE, LTD. d/b/a RUBY TUESDAY,

JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGHT

Defendant,
-----------------------------------/

COMPLAINT OF INTERVENOR PLAINTIFF AMANDA ROENIGK COMES NOW the Intervenor Plaintiff, AMANDA ROENIGK, (hereinafter "Plaintiff' or "ROENIGK"), by and through her attorney ofrecord, and sues Defendant, RT Tampa Franchise, L.P. d/b/a Ruby Tuesday (hereinafter "Defendant" or "RUBY TUESDAY"), and alleges as follows:
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 and The Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes, to correct unlawful employment practices on the basis ofsex and retaliation, and to

1

EXHIBIT "A"

Case 2:04-cv-00484-JES-DNF Document 15 Filed 11/29/2004 Page 2 of 10
provide appropriate reliefto AMANDA ROENIGK ("Ms. ROENIGK") who was adversely affected by such practices. As stated with greater particularity in paragraph 9, Ms. ROENIGK was subjected to sexual harassment by the assistant manager of Defendant. The Defendant subsequently retaliated against Ms. ROENIGK for complaining of the unlawful sexual harassment by terminating her employment with Defendant. This complaint also states a claim against Defendant for Negligent Hiring, Supervision and Retention.
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 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. This court has supplemental jurisdiction over Plaintiff's state law claims brought pursuant to the Florida Civil Rights Act, Chapter 760, Florida Statutes and the Florida common law claim of Negligent Hiring, Supervision and Retention 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the Untied States District Court for the Middle District of Florida, Ft. Myers 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 VII.
2

Case 2:04-cv-00484-JES-DNF Document 15 Filed 11/29/2004 Page 3 of 10
4. Intervenor PlaintiffAMANDA ROENIGK is a resident ofthe State ofFlorida residing in Lee County, Florida.
5. At all relevant times, RT Tampa Franchise, L.P. d/b/a Ruby Tuesday, a Delaware Corporation, has continuously been doing business in the State of Florida and in the City of Fort Myers, and has continuously had at least 15 employees.
6. At all relevant times, RT Tampa Franchise, L.P. d/b/a Ruby Tuesday 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).
CONDITIONS PRECEDENT 7. All conditions precedent to bringing this action have been performed or have occurred.
COUNT I
(SEXUAL HARASSMENT IN VIOLATION OF TITLE VII) 8. This is a claim against Defendant Ruby Tuesday for sexual harassment in violation of Title VII of the Civil Rights Act of 1964, as amended. 9. Since at least March 2002, Defendant Employer engaged in unlawful employment practices at its Fort Myers, Florida location in violation of Section 703(a) and Section 704(a) of Title VII, 42 U.S.C. §2000e-2(a) and §2000e-3(a). These practices included, but were not limited to the following:
a. Permitting Ms. ROENIGK, its employee, to be subjected to unwelcome physical and verbal conduct ofa sexual nature, which was sufficiently severe and pervasive to constitute an intimidating, hostile,
3

Case 2:04-cv-00484-JES-DNF Document 15 Filed 11/29/2004 Page 4 of 10
and offensive work environment. b. The assistant manager, who was Ms. ROENIGK' immediate
Supervisor, subjected Ms. ROENIGK to repeated sexual harassment. c. Ms. ROENIGK repeatedly complained about the sexual harassment
to the general manager, Gail Wilcox and assistant manager Kim Paciello, who failed to take any action to correct the harassment. Defendant failed to take appropriate corrective action in response to Ms. ROENIGK's complaints of the unlawful sexual harassment. d. Further, Defendant retaliated against Ms. ROENIGK for complaining of the unlawful sexual harassment by constructively discharging her 10. The effect ofthe conduct complained of in paragraph 9 a-d above has been to deprive Ms. ROENIGK of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices. 11. The unlawful employment practices complained of in paragraph 9 a-d above were intentional. 12. The unlawful employment practices complained of in paragraph 9 a-d above were done with malice or with reckless indifference to the federally protected rights of Ms. ROENIGK.
COUNT II (UNLAWFUL RETALIATION IN VIOLATION OF TITLE VII) 13. This is a claim against Defendant Ruby Tuesday for unlawful retaliation in
4

Case 2:04-cv-00484-JES-DNF Document 15 Filed 11/29/2004 Page 5 of 10
violation of Title VII of the Civil Rights Act of 1964, as amended. 14. Plaintiff ROENIGK re-alleges paragraphs 9 a-d above. 15. The effect ofthe conduct complained of in paragraph 9 a-d above has been to
deprive Ms. ROENIGK of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices.
16. The unlawful employment practices complained of in paragraph 9 a-d above were intentional.
17. The unlawful employment practices complained of in paragraph 9 a-d above were done with malice or with reckless indifference to the federally protected rights of Ms. ROENIGK.
COUNT III (SEXUAL HARASSMENT IN VIOLATION OF THE FLORIDA CIVIL
RIGHTS ACT, CHAPTER 760, FLORIDA STATUTES) 18. This is a claim against Defendant Ruby Tuesday for sexual harassment in violation of The Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. 19. At all relevant times, Defendant Ruby Tuesday was an "employer" and Plaintiff ROENIGK an "employee" within the meaning of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. At all relevant times, Defendant employed fifteen (15) or more employees. 20. Plaintiff ROENIGK re-alleges paragraphs 9 a-d above.
5

Case 2:04-cv-00484-JES-DNF Document 15 Filed 11/29/2004 Page 6 of 10
21. The effect ofthe conduct complained of in paragraph 9 a-d above has been to deprive Ms. ROENIGK of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices.
22. The unlawful employment practices complained of in paragraph 9 a-d above were intentional.
23. The unlawful employment practices complained of in paragraph 9 a-d above were done with malice or with reckless indifference to the federally protected rights of Ms. ROENIGK.
COUNT IV
(UNLAWFUL RETALIATION IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT, CHAPTER 760, FLORIDA STATUTES)
24. This is a claim against Defendant Ruby Tuesday for unlawful retaliation in violation of The Florida Civil Rights Act, Chapter 760, Florida Statutes.
25. At all relevant times, Defendant Ruby Tuesday was an "employer" and Plaintiff ROENIGK an "employee" within the meaning of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. At all relevant times, Defendant employed fifteen (15) or more employees.
26. Plaintiff ROENIGK re-alleges paragraphs 9 a-d above. 27. The effect ofthe conduct complained of in paragraph 9 a-d above has been to deprive Ms. ROENIGK of equal employment opportunities and otherwise adversely affect
6

Case 2:04-cv-00484-JES-DNF Document 15 Filed 11/29/2004 Page 7 of 10
her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices.
28. The unlawful employment practices complained of in paragraph 9 a-d above were intentional.
29. The unlawful employment practices complained of in paragraph 9 a-d above were done with malice or with reckless indifference to the federally protected rights of Ms. ROENIGK.
PRAYER FOR RELIEF FOR COUNTS I-IV Wherefore, with respect to Counts I-IV set forth above, Plaintiff ROENIGK respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with Defendant, from engaging in sexual harassment or any other employment practice which discriminates on the basis ofsex and/or opposition to an unlawful employment practice. B. Order Defendant, to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past unlawful employment practices. C. Order Defendant to make whole AMANDA ROENIGK 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 reinstatement and/or front pay.
7

Case 2:04-cv-00484-JES-DNF Document 15 Filed 11/29/2004 Page 8 of 10
D. Order Defendant to make whole AMANDA ROENIGK by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 9 a-d above, including out ofpocket losses in amounts to be determined at trial.
E. Order Defendant to make whole AMANDA ROENIGK by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 9 a-d above, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant to pay AMANDA ROENIGK punitive damages for its malicious and reckless conduct described in paragraph 9 a-d 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 AMANDA ROENIGK all attorney's fees and costs incurred in this matter. COUNT V
(NEGLIGENT HIRING, SUPERVISION AND RETENTION UNDER FLORIDA COMMON LAW)
30. This is a claim against Defendant for Negligent Hiring, Supervision and Retention under Florida Common Law.
31. Defendant breached its duty to hire, supervise and retain their employees in a manner to prevent and stop actions constituting sexual harassment, assault and battery
8

Case 2:04-cv-00484-JES-DNF Document 15 Filed 11/29/2004 Page 9 of 10
under Federal and Florida law. 32. Defendant knew or should have known of, or failed to make sufficient
inquiry regarding, the maintenance of a sexually hostile working environment at Ruby Tuesday.
33. Defendant negligently trained and negligently supervised their managers, assistant managers and employees and that said Defendant failed to afford its managers, assistant managers and employees sufficient formal/informal service training so as to appreciate, carry out and enforce Defendant's, alleged own anti-sexual harassment and retaliation policy.
34. Defendant negligently retained a member of management after Defendant knew or should have known that said member of management was violating Defendant's anti-sexual harassment and retaliation policy.
35. As a direct and proximate result of the foregoing failures of Defendant to hire, supervise and retain their staff, Plaintiff has suffered mental anguish, emotional distress, expense, loss of employment and wages, embarrassment and loss of enjoyment of life.
36. That Corporate Defendant's conduct so demonstrates a reckless indifference to the rights of Plaintiff as to constitute an act of intentional harm warranting the award of punitive damages.
WHEREFORE, Plaintiff respectfully demands that this Court enter judgment against Defendant in favor of Ms. Roenigk pursuant to Florida common law, and that the
9

Case 2:04-cv-00484-JES-DNF Document 15 Filed 11/29/2004 Page 10 of 10
following relief be awarded to Ms. Roenigk: A. Order Defendant to pay Ms. Roenigk compensatory damages; B. Order Defendant to pay Ms. Roenigk punitive damages; C. Grant such further relief as the Court deems necessary and proper. D. Award Ms. Roenigk all costs incurred in this matter. JURY TRIAL DEMAND Intervenor Plaintiff requests a jury trial on all questions of fact raised by the
complaint.
By: L. WEBB, ESQUIRE
Fla. Bar #165956 Attorney For Intervenor WEBB & SCARMOZZINO, P.A. 1617 Hendry Street,Third Floor Fort Myers, FL 33901 (239) 334-1600- telephone (239) 334-7979- facsimile
10

 
 Case 2:04-cv-00484-JES-DNF Document 25 Filed 01/10/2005 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

Case No: 2:04-cv-484-FtM-29-DNF

AMANDA ROENIGK,

Intervenor,

v.
RT TAMPA FRANCHISE, L.P. a/k/a RT TAMPA FRANCHISE, LTD. d/b/a RUBY TUESDAY,

JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGHT

Defendant, ______________________________________/

AMENDED COMPLAINT OF INTERVENOR PLAINTIFF AMANDA ROENIGK COMES NOW the Intervenor Plaintiff, AMANDA ROENIGK, (hereinafter
“Plaintiff” or “ROENIGK”), by and through her attorney of record, and pursuant to the Court’s Order dated January 4, 2005 and amends the Complaint filed November 29, 2004 and sues Defendant, RT Tampa Franchise, L.P. d/b/a Ruby Tuesday (hereinafter “Defendant” or “RUBY TUESDAY”), and alleges as follows:
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 and The Florida Civil Rights Act of 1992, Chapter 760, Florida

1

Case 2:04-cv-00484-JES-DNF Document 25 Filed 01/10/2005 Page 2 of 10
Statutes, to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to AMANDA ROENIGK (“Ms. ROENIGK”) who was adversely affected by such practices. As stated with greater particularity in paragraph 9, Ms. ROENIGK was subjected to sexual harassment by the assistant manager of Defendant. The Defendant subsequently retaliated against Ms. ROENIGK for complaining of the unlawful sexual harassment by terminating her employment with Defendant. This complaint also states a claim against Defendant for Negligent Supervision and Retention.
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 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. This court has supplemental jurisdiction over Plaintiff’s state law claims brought pursuant to the Florida Civil Rights Act, Chapter 760, Florida Statutes and the Florida common law claim of Negligent Supervision and Retention 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the Untied States District Court for the Middle District of Florida, Ft. Myers 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 VII.
2

Case 2:04-cv-00484-JES-DNF Document 25 Filed 01/10/2005 Page 3 of 10
4. Intervenor Plaintiff AMANDA ROENIGK is a resident of the State of Florida residing in Lee County, Florida.
5. At all relevant times, RT Tampa Franchise, L.P. d/b/a Ruby Tuesday, a Delaware Corporation, has continuously been doing business in the State of Florida and in the City of Fort Myers, and has continuously had at least 15 employees.
6. At all relevant times, RT Tampa Franchise, L.P. d/b/a Ruby Tuesday 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).
CONDITIONS PRECEDENT 7. All conditions precedent to bringing this action have been performed or have occurred.
COUNT I (SEXUAL HARASSMENT IN VIOLATION OF TITLE VII) 8. This is a claim against Defendant Ruby Tuesday for sexual harassment in violation of Title VII of the Civil Rights Act of 1964, as amended. 9. Since at least March 2002, Defendant Employer engaged in unlawful employment practices at its Fort Myers, Florida location in violation of Section 703(a) and Section 704(a) of Title VII, 42 U.S.C. §2000e-2(a) and §2000e-3(a). These practices included, but were not limited to the following: a. Permitting Ms. ROENIGK, its employee, to be subjected to
unwelcome physical and verbal conduct of a sexual nature, which was sufficiently severe and pervasive to constitute an intimidating,
3

Case 2:04-cv-00484-JES-DNF Document 25 Filed 01/10/2005 Page 4 of 10
hostile, and offensive work environment. b. The assistant manager, who was Ms. ROENIGK’ immediate
Supervisor, subjected Ms. ROENIGK to repeated sexual harassment. c. Ms. ROENIGK repeatedly complained about the sexual harassment
to the general manager, Gail Wilcox and assistant manager Kim Paciello, who failed to take any action to correct the harassment. Defendant failed to take appropriate corrective action in response to Ms. ROENIGK’s complaints of the unlawful sexual harassment. d. Further, Defendant retaliated against Ms. ROENIGK for complaining of the unlawful sexual harassment by constructively discharging her 10. The effect of the conduct complained of in paragraph 9 a-d above has been to deprive Ms. ROENIGK of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices. 11. The unlawful employment practices complained of in paragraph 9 a-d above were intentional. 12. The unlawful employment practices complained of in paragraph 9 a-d above were done with malice or with reckless indifference to the federally protected rights of Ms. ROENIGK.
COUNT II (UNLAWFUL RETALIATION IN VIOLATION OF TITLE VII)
4

Case 2:04-cv-00484-JES-DNF Document 25 Filed 01/10/2005 Page 5 of 10
13. This is a claim against Defendant Ruby Tuesday for unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended.
14. Plaintiff ROENIGK re-alleges paragraphs 9 a-d above. 15. The effect of the conduct complained of in paragraph 9 a-d above has been to deprive Ms. ROENIGK of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices. 16. The unlawful employment practices complained of in paragraph 9 a-d above were intentional. 17. The unlawful employment practices complained of in paragraph 9 a-d above were done with malice or with reckless indifference to the federally protected rights of Ms. ROENIGK.
COUNT III (SEXUAL HARASSMENT IN VIOLATION OF THE FLORIDA CIVIL
RIGHTS ACT, CHAPTER 760, FLORIDA STATUTES) 18. This is a claim against Defendant Ruby Tuesday for sexual harassment in violation of The Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. 19. At all relevant times, Defendant Ruby Tuesday was an “employer” and Plaintiff ROENIGK an “employee” within the meaning of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. At all relevant times, Defendant employed fifteen (15) or more employees. 20. Plaintiff ROENIGK re-alleges paragraphs 9 a-d above. 21. The effect of the conduct complained of in paragraph 9 a-d above has been to
5

Case 2:04-cv-00484-JES-DNF Document 25 Filed 01/10/2005 Page 6 of 10
deprive Ms. ROENIGK of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices.
22. The unlawful employment practices complained of in paragraph 9 a-d above were intentional.
23. The unlawful employment practices complained of in paragraph 9 a-d above were done with malice or with reckless indifference to the federally protected rights of Ms. ROENIGK.
COUNT IV (UNLAWFUL RETALIATION IN VIOLATION OF THE FLORIDA CIVIL
RIGHTS ACT, CHAPTER 760, FLORIDA STATUTES) 24. This is a claim against Defendant Ruby Tuesday for unlawful retaliation in violation of The Florida Civil Rights Act, Chapter 760, Florida Statutes. 25. At all relevant times, Defendant Ruby Tuesday was an “employer” and Plaintiff ROENIGK an “employee” within the meaning of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. At all relevant times, Defendant employed fifteen (15) or more employees. 26. Plaintiff ROENIGK re-alleges paragraphs 9 a-d above. 27. The effect of the conduct complained of in paragraph 9 a-d above has been to deprive Ms. ROENIGK of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices. 28. The unlawful employment practices complained of in paragraph 9 a-d above
6

Case 2:04-cv-00484-JES-DNF Document 25 Filed 01/10/2005 Page 7 of 10
were intentional. 29. The unlawful employment practices complained of in paragraph 9 a-d above
were done with malice or with reckless indifference to the federally protected rights of Ms. ROENIGK.
PRAYER FOR RELIEF FOR COUNTS I-IV Wherefore, with respect to Counts I-IV set forth above, Plaintiff ROENIGK respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with Defendant, from engaging in sexual harassment or any other employment practice which discriminates on the basis of sex and/or opposition to an unlawful employment practice. B. Order Defendant, to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past unlawful employment practices. C. Order Defendant to make whole AMANDA ROENIGK 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 reinstatement and/or front pay. D. Order Defendant to make whole AMANDA ROENIGK by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 9 a-d above, including out of pocket losses in amounts to be determined at trial.
7

Case 2:04-cv-00484-JES-DNF Document 25 Filed 01/10/2005 Page 8 of 10

E. Order Defendant to make whole AMANDA ROENIGK by providing

compensation for past and future non-pecuniary losses resulting from the unlawful practices

complained of in paragraph 9 a-d above, including emotional pain, suffering, inconvenience,

humiliation, and loss of enjoyment of life, in amounts to be determined at trial.

F. Order Defendant to pay AMANDA ROENIGK punitive damages for its

malicious and reckless conduct described in paragraph 9 a-d 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 AMANDA ROENIGK all attorney’s fees and costs incurred in

this matter.

COUNT V NEGLIGENT SUPERVISION AND RETENTION
UNDER FLORIDA COMMON LAW

30. This is a claim against Defendant for Negligent Supervision and

Retention under Florida Common Law.

31. Defendant breached its duty to supervise and retain their employees

in a manner to prevent and stop actions constituting sexual harassment, assault and

battery under Federal and Florida law.

32. Defendant knew or should have known of, or failed to make sufficient

inquiry regarding, the maintenance of a sexually hostile working environment

at Ruby

Tuesday.

33. Defendant negligently trained and negligently supervised their managers,

8

Case 2:04-cv-00484-JES-DNF Document 25 Filed 01/10/2005 Page 9 of 10

assistant managers and employees and that said Defendant failed to afford its

managers, assistant managers and employees sufficient formal/informal service

training so as to

appreciate, carry out and enforce Defendant’s, alleged own

anti-sexual harassment and retaliation policy.

34. Defendant negligently retained a member of management after Defendant

knew or should have known that said member of management was violating

Defendant’s anti-sexual harassment and retaliation policy.

35. As a direct and proximate result of the foregoing failures of Defendant to

hire, supervise and retain their staff, Plaintiff has suffered mental anguish,

emotional distress, expense, loss of employment and wages, embarrassment and

loss of enjoyment of life.

36. That Corporate Defendant’s conduct so demonstrates a reckless indifference

to the rights of Plaintiff as to constitute an act of intentional harm warranting the

award of

punitive damages.

WHEREFORE, Plaintiff respectfully demands that this Court enter judgment

against Defendant in favor of Ms. Roenigk pursuant to Florida common law, and that the

following relief be awarded to Ms. Roenigk:

A. Order Defendant to pay Ms. Roenigk compensatory damages;

B. Order Defendant to pay Ms. Roenigk punitive damages;

C. Grant such further relief as the Court deems necessary and proper.

D. Award Ms. Roenigk all costs incurred in this matter.

JURY TRIAL DEMAND

9

Case 2:04-cv-00484-JES-DNF Document 25 Filed 01/10/2005 Page 10 of 10
Intervenor Plaintiff requests a jury trial on all questions of fact raised by the
complaint.
Respectfully Submitted,
By: s/ Dennis L. Webb DENNIS L. WEBB, ESQUIRE Fla. Bar #165956 Attorney For Intervenor WEBB & SCARMOZZINO, P.A. 1617 Hendry Street,Third Floor Fort Myers, FL 33901 (239) 334-1600- telephone (239) 334-7979- facsimile Wesca@earthlink.net
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 10, 2004, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: Cheryl A. Cooper, Attorney for the United States Equal Employment Opportunity Commission, 2 S. Biscayne Blvd., Ste. 2700, Miami, FL 33131 and Cathleen Bell, Attorney for Defendant, 4221 Boy Scout Boulevard, Tampa, FL 33607.
By: s/ Dennis L. Webb DENNIS L. WEBB, ESQUIRE Fla. Bar #165956 Attorney for Plaintiff WEBB & SCARMOZZINO, P.A. 1617 Hendry St., Third Floor Fort Myers, FL 33901 (239) 334-1600 (Telephone) (239) 334-7979 (Facsimile) Wesca@earthlink.net
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 Case 2:04-cv-00484-JES-DNF Document 36 Filed 04/19/2005 Page 1 of 4

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

-vs-

Case No. 2:04-cv-484-FtM-29DNF

RT TAMPA FRANCHISE, L.P.,

Defendant.

AMANDA ROENIGK,

Intervenor.

_____________________________________/

ORDER

This cause came on for consideration on the following motion(s) filed herein:

MOTION: PLAINTIFF EEOC’S MOTION TO QUASH OR MODIFY SUBPOENA AND FOR PROTECTIVE ORDER (Doc. No. 34)
FILED: March 23, 2005 _____________________________________________________________
THEREON it is ORDERED that the motion is GRANTED.

The Plaintiff EEOC is requesting that the Court quash or modify the subpoena issued by the Defendant RT Tampa Franchise, L.P. (RT Tampa”) to Amanda Roenigk’s present employer the Cape

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Crab and Steak House (“Crab House”). Plaintiff brought this action against the Defendant based upon a claim of sexual harassment. Ms. Roenigk claims to have been sexually harassed by her direct supervisor. RT Tampa is requesting Ms. Roenigk’s entire personnel file from the Crab House which is her present employer. The EEOC claims that the subpoena for the entire personnel file is overly broad, the information requested is not relevant, and does not appear likely to lead to the discovery of admissible evidence.
Initially, the Court must determine whether the EEOC has standing to bring a motion to quash or a protective order concerning a subpoena served on a third party, the Crab House. In the absence of a claim of “personal right or privilege”, a party generally does not have standing to object to a subpoena directed to a non-party. Minnesota School Bd. Assoc. Insur. Trust v. Employers Ins. Co. of Wausau, 183 F.R.D. 627, 629 (N.D. IL 1999). Personnel files do contain personal information that arguably provides the EEOC and Ms. Roenigk with standing to contest the subpoena.
The remaining issue is whether the subpoena for Ms. Roenigk’s entire personnel file is overly broad. The EEOC concedes that Ms. Roenigk’s wage records and employee benefits information from her personnel file are relevant and should be produced. The Court will also require the Crab House to provide any documentation regarding Ms. Roenigk’s unreported wages1 and any policies of the Crab House that are found in Ms. Roenigk’s personnel file regarding reporting tip income.
RT Tampa argues that it needs Ms. Roenigk’s entire personnel file to determine why Ms. Roenigk’s earnings declined in the fourth quarter of 2004. The EEOC stated in its Motion that Ms. Roenigk’s back pay calculations for the last quarter of 2004 were not complete when served and the
1 RT Tampa alleges that Ms. Roenigk had unreported wages in the form of tips while she worked for RT Tampa, and may have unreported wages at the Crab House. RT Tampa is permitted to discover any documents which support Ms. Roenigk earning unreported wages.
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EEOC reserved its right to amend its backpay calculations when more information becomes available. (Motion, ftnt. 3).2 RT Tampa is requesting information that would show why Ms. Roenigk’s earnings decreased in the fourth quarter such as documentary evidence as to misconduct, poor performance, or potential personal choices regarding a reduced work schedule. The Court finds that if Ms. Roenigk’s earnings for the fourth quarter of 2004 were down, RT Tampa is entitled to a full disclosure of all documentation in Ms. Roenigk’s personnel file as to why the earnings were down for this quarter. Therefore, the EEOC shall provide an accurate calculation of Ms. Roenigk’s earnings for the last quarter of 2004, and if this calculation shows that Ms. Roenigk’s earnings were decreased, then RT Tampa is permitted to discover any records in Ms. Roenigk’s personnel file which show the reason why her wages were less for that quarter including documentation showing misconduct, poor performance, or potential personal choices regarding a reduced work schedule.
The Court finds that RT Tampa has failed to show that other documents that may be found in Ms. Roenigk’s personnel file would be relevant in this action. Therefore, the Court will limit the subpoena as stated above.
IT IS FURTHER ORDERED: (1) The subpoena for all of Ms. Roenigk’s personnel file from the Cape Crab and Steak House is quashed. The EEOC has an obligation to notify the Cape Crab and Steak House of this decision, and that it does not have to comply with the present subpoena.
2 The EEOC should have provided an updated calculation of Ms. Roenigk’s earnings as requested for the fourth quarter by the time of her deposition.
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(2) Within five (5) days from the date of the Order, the EEOC shall provide an accurate calculation of Ms. Roenigk’s earnings for the fourth quarter of 2004.
(3) RT Tampa has leave to serve another subpoena which is limited in its request to the following information:
a) All records that pertain to wages including reported and unreported earnings. b) All records regarding employee benefits information. c) All records regarding the policies and procedures of the Crab House relating to reporting tip income. d) All records that reflect why Ms. Roenigk earned less in the fourth quarter of 2004, including but not limited to documentary evidence as to misconduct, poor performance, or potential personal choices regarding a reduced work schedule.
DONE and ORDERED in Chambers in Ft. Myers, Florida this 19th day of April, 2005.
Copies: All Parties of Record
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 Case 2:04-cv-00484-JES-DNF Document 42 Filed 08/02/2005 Page 1 of 14

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

-vs-

Case No. 2:04-cv-484-FtM-29DNF

RT TAMPA FRANCHISE, L.P. a/k/a RT TAMPA FRANCHISE, LTD. d/b/a RUBY TUESDAY,

Defendant.

AMANDA ROENIGK,

Intervenor. ________________________________________/

CONSENT DECREE

1. This Consent Decree is entered into by and between Plaintiff, the United States Equal

Employment Opportunity Commission (hereinafter referred to as the “Commission” or

“EEOC”), Amanda Roenigk (hereinafter referred to as “Plaintiff-Intervenor” or “Ms.

Roenigk”), and RT Tampa Franchise, L.P. (hereinafter referred to as “Defendant”). The

Commission, Plaintiff-Intervenor, and Defendant are collectively referred to as the “Parties.”

2. The Commission filed this action on August 12, 2004 under Title VII of the Civil Rights Act

of 1964 (“Title VII”) and Title I of the Civil Rights Act of 1991. The EEOC Complaint

alleged unlawful employment practices on the basis of sex (female) and retaliation, asserting

that Ms. Roenigk was adversely affected by such practices. The EEOC Complaint also

alleged that the terms and conditions of Ms. Roenigk’s employment were rendered so

Case 2:04-cv-00484-JES-DNF Document 42 Filed 08/02/2005 Page 2 of 14
intolerable that she was forced to resign. 3. The Court granted Ms. Roenigk’s Motion to Intervene in this action. Like the EEOC, the
Plaintiff-Intervenor alleged that Defendant violated Title VII and Title I. Ms. Roenigk’s Complaint also alleged that Defendant violated the Florida Civil Rights Act of 1992, Fla. Stat. §§760.01, et seq. (“FCRA”), and also asserted certain common law claims. 4. Defendant filed Answers to EEOC’s and Plaintiff-Intervenor’s Complaints wherein Defendant denied any allegations of unlawful conduct and asserted several affirmative defenses. 5. In the interest 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. 6. The Parties agree that execution of this Decree in no way constitutes an admission of liability on the part of the Defendant. 7. The Parties agree that this Decree resolves all the claims against Defendant alleged in EEOC charge number 150 03 01840 and civil action number 2:04-CV-44-FtM-29DNF. 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.
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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:
I. JURISDICTION OVER DECREE 8. This Court has jurisdiction of the subject matter of this action and over the Parties for the
purposes of entering and enforcing this Decree. 9. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its
terms or the right of the EEOC to bring an enforcement suit upon alleged breach of any terms of this Decree.
II. INJUNCTIVE RELIEF 10 The Defendant, its successors and assigns are enjoined from engaging in any conduct which
violates Title VII by adversely affecting the terms and conditions of any individual’s employment because of his or her sex. 11 The Defendant, its successors and assigns are enjoined from engaging in any conduct which violates Title VII by adversely affecting the terms and conditions of any individual’s employment because such individual has (i) opposed any of Defendant’s practices which the individual reasonably believed, in good faith, were unlawful under Title VII, (ii) filed a charge of discrimination with the EEOC alleging a violation of Title VII, (iii) cooperated with the EEOC in the investigation and /or prosecution of any charge of discrimination under Title VII, or (iv) has offered testimony or information in the above-styled litigation which resulted in this Consent Decree.
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III. DEVELOPMENT OF POLICES AND TRAINING 12. Ruby Tuesday, Inc. (hereafter, “RTI”), which owns the Defendant through subsidiary
corporations,1 has adopted a “Respect and Responsibility” policy. This policy prohibits sexual harassment at work, and urges employees to speak freely about sexual harassment without any fear of retaliation. A copy of this policy is attached hereto as Exhibit A to this Consent Decree (“the Respect and Responsibility Policy”). Defendant agrees to distribute the RTI Respect and Responsibility Policy to all its current employees within sixty (60) days of the entry of this Decree. Defendant further agrees that during the term of this Decree, all new employees will be provided a copy of the RTI Respect and Responsibility Policy within one (1) week of employment. 13. In order to further ensure the effective implementation of Defendant’s anti-discrimination policies, Defendant will conduct four (4) hour training sessions for all of its Directors of People, Standards & Results (“DPSRs”)(DPSRs supervise groups of restaurants), and all of its Restaurant General Managers, Managers, and Managers-in-Training (the “Four Hour Training Sessions”). The training sessions will focus on the prevention of sexual harassment in the workplace, with specific emphasis on recognizing sexual harassment and acts that constitute unlawful retaliation, and the proper procedure to be followed if management personnel become aware of sexual harassment or retaliation in the workplace and/or if they receive a complaint of such harassment or retaliation for complaining about sexual
1RT Tampa Franchise, L.P. is a Ruby Tuesday franchise consisting, at the present time, of twenty-five (25) restaurants. The Defendant, a limited partnership, has two partners, which are RT Tampa, Inc., a Georgia corporation serving as the General Partner, and RT Tampa Equity, LLC, a Delaware limited liability company. Both RT Tampa, Inc., and RT Tampa Equity, LLC, are owned by Ruby Tuesday, Inc.
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harassment. Thereafter, on at least an annual basis, and as part of its regularly scheduled training sessions with its DPSRs, General Managers, Managers, and Managers-in-Training, Defendant will review its policies regarding sexual harassment and retaliation, including but not limited to the RTI Respect and Responsibility Policy, with specific emphasis on recognizing sexual harassment and acts that constitute unlawful retaliation and the proper procedure to be followed if management personnel become aware of sexual harassment or retaliation in the workplace and/or if they receive a complaint of such harassment or retaliation for complaining about sexual harassment. 14. Defendant agrees to provide the EEOC with at least two (2) weeks notice before conducting the Four Hour Training Sessions. This notice will indicate the date(s) and location(s) of the Four Hour Training Sessions, briefly describe any training materials to be used at the Sessions, and will list the names and job titles of the DPSRs, General Managers, Managers, and Managers-in-Training scheduled to be in attendance at the training. The training will be conducted by Ms. Leslie Logan, an attorney who is a member of the RTI Legal Department, or by another attorney with the RTI Legal Department. Additionally, Defendant agrees that the EEOC may, at the EEOC’s discretion, send one or more representatives to attend each of the Four Hour Training Sessions; provided, however, that if the EEOC desires to send one or more representatives to a Four Hour Training Session, it will give Defendant at least two days advance notice of the Session(s) to be monitored, and the name of the EEOC representative(s) who will be present. 15. Defendant agrees that the Four Hour Training Sessions described herein shall be conducted within sixty (60) days of the entry of this Decree. The subsequent management training will
5

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take place on an annual basis during the term of this Decree. Defendant further agrees that during the term of this Decree, all persons placed by Defendant as DPSRs, General Managers, Managers or Managers-in-Training, who are not being assigned to such jobs from another RTI management position, shall be given training, as part of Defendant’s management orientation program, relating to sexual harassment and unlawful retaliation under Title VII, within thirty (30) days of placement in their management positions.
IV. POSTING 16. As part of its chain of twenty-five (25) restaurants, Defendant owns and operates five
restaurants at locations in the vicinity of Ft. Myers, Naples, and Sebring, Florida (the “Ft. Myers/Naples/Sebring Restaurants”) (the Plaintiff-Intervenor worked at a restaurant in the Edison Mall, in Ft. Myers, which is now closed). The Ft. Myers/Naples/Sebring Restaurants have the following addresses: (1) 1982 N. Tamiami Trail, Naples, Florida 34102 (the “Coastland Center” Ruby Tuesday); (2) 8777 Tamiami Trail North, Naples, Florida 34108 (the “Pelican Bay” Ruby Tuesday); (3) 9001 Park Royal Drive, Ft. Myers, Florida 33908; (4) 2514 Santa Barbara Boulevard, Cape Coral, Florida 33914; and (5) 4228 Sebring Parkway, Sebring, Florida 33870. Within ten (10) days of the entry of this Decree, Defendant shall post laminated 11" x 17" size copies of the notice attached hereto as Exhibit B (the “Notices”) at each of the five Ft. Myers/Naples/Sebring Restaurants. The Notices shall be posted on the bulletin boards used for government posters at the restaurants (“Bulletin Boards”); all of these Bulletin Boards are placed in conspicuous locations for employee viewing, as required by law. The Notices shall be maintained by Defendant on the Ft. Myers/Naples/Sebring Restaurants’ Bulletin Boards for the term of this Decree.
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V. REPORTING AND MONITORING 17. Following the completion of the Four Hour Training Sessions, the Defendant agrees
promptly to provide the EEOC with a letter (the “Training Report”) confirming that the training took place as agreed in this Decree, unless one of more EEOC representatives attend all of such Sessions; in such case, the Training Report will not be required. 18. Defendant will retain all employment records relating in any way to any Complaint (defined below) involving employees at the Ft. Myers/Naples/Sebring Restaurants, and/or to any investigation of sexual harassment or retaliation for complaining of sexual harassment involving employees at the Ft. Myers/Naples/Sebring Restaurants. As used in this Section V, “Complaint” shall mean (i) complaints or reports made via the RTI employee hotline, or the RTI internet reporting tool (ii) complaints made during direct calls or written communications to RTI Directors of Human Resources, and (iii) complaints which are identified in connection with the preparation of Annual Reports to the EEOC. 19. For the term of this Decree, Defendant will provide the EEOC annually with a report which identifies all Complaints of sexual harassment or retaliation for opposing sexual harassment involving employees at the Ft. Myers/Naples/Sebring Restaurants, which indicates the nature of the alleged harassment or retaliation, and the outcome of the Complaint (the “Annual Report”). In addition, to ensure that the Annual Report’s information regarding Complaints is as accurate and complete as possible, Defendant shall contact all of the General Managers and Managers working at the Ft. Myers/Naples/Sebring Restaurants, as well as the Regional Partner(s) and DPSR(s) with responsibility for managing these restaurants, and ask them to identify all sexual harassment complaints and all complaints of retaliation for opposing
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sexual harassment made during the prior year, and all such complaints identified during this process shall also be included in the Annual Report for the year. Copies of any Complaints made by employees in writing will be attached to the Annual Report for the year. Defendant will provide the EEOC with an Annual Report regardless of whether or not Defendant has identified any such Complaints of sexual harassment or retaliation during the applicable reporting period. The first Annual Report shall be submitted on or about the first anniversary of the Decree; the second Annual Report shall be submitted on or about the second anniversary of the Decree; and the third and final Annual Report shall be submitted on or about the third anniversary of the Decree. 20. As part of each Annual Report, Defendant will certify to the EEOC that it is in compliance with all aspects of this Decree, and that it has been in compliance with this Decree throughout the prior one year period covered by the Annual Report. 21. Defendant has appointed Ms. Leslie Logan as having responsibility for coordinating its compliance with this Consent Decree and for providing reports to the EEOC; however, Defendant retains the right to shift compliance responsibility for this Decree to another individual. Unless indicated otherwise hereinafter, all Annual Reports, other reports and documents required to be delivered by the Defendant to the EEOC pursuant to this Consent Decree shall be mailed or sent by overnight courier to: United States Equal Employment Opportunity Commission, Attention: Office of the Regional Attorney, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
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VI. EXPUNGEMENT AND LETTER OF REFERENCE 22. There is a Counseling Letter in Ms. Roenigk’s RT Tampa personnel file which refers to
certain events relating to her separation from Defendant; Defendant agrees to remove this Counseling Letter from her personnel file within ten (10) business days of the date of this Decree. Any other documents in Ms. Roenigk’s RT Tampa personnel file, referencing her termination in any way, shall also be expunged within ten (10) business days of the date of this Decree. The Defendant further agrees to give Ms. Roenigk a letter of reference, signed by Gary Gallagher, Director of Development, on Defendant’s letterhead, addressed “To Whom It May Concern,” which will read as follows: “Amanda Roenigk was employed as a full-time Server and Bartender at the Ruby Tuesday restaurant at the Edison Square Mall, 4125 Cleveland Ave., Ft. Myers, FL 33901, between January 10, 1997 and May 31, 2002. We wish her well in her future endeavors.” At the bottom of the letter, after Mr. Gallagher’s signature block , Defendant will also insert the following language in ALL CAPS: “It is Ruby Tuesday’s policy not to provide any information regarding its employees and former employees except the information provided above. Any further information regarding employment should be obtained from the named former employee.” This letter will be forwarded to Ms. Roenigk’s attorneys within ten (10) business days of the entry of this Decree, and a copy of the letter will be sent to the EEOC, forwarded to the attention of Ms. Cheryl A. Cooper, Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
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VII. MONETARY RELIEF 23. Defendant shall pay to Ms. Roenigk, or at her direction, to her counsel, the sum of one
hundred and fifty thousand dollars ($150,000.00). Payment shall be made by checks issued by Defendant or its insurance carrier (the “Settlement Checks”). Defendant agrees to issue the Settlement Checks, either on its own, or through its insurance carriers, within ten (10) business days from the Court’s execution of this Decree, by certified or overnight mail, and forward the Settlement Checks to the Law Offices of Webb, Scarmozzino & Gunter, P.A. at 1617 Hendry Street, Third Floor, Fort Myers, Florida 33901. Copies of the Settlement Checks shall be forwarded to the attention of Cheryl A. Cooper, Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131. 24. If Defendant fails to tender the above-mentioned payment as set forth in paragraph 22, then Defendant 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 Defendant’s non-compliance.
VIII. ENFORCEMENT 25. The Commission shall have independent authority to seek judicial enforcement of each
aspect, term, provision and attachment of this Decree. However, the EEOC shall not seek such judicial enforcement unless it has first: (1) given Defendant a written notice of its intention to seek judicial enforcement, which notice shall specify the alleged breach for which judicial enforcement shall be sought; and (2) provided Defendant at least fifteen (15) days to cure any alleged breach of any terms, except the provisions set forth in paragraphs
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23 and 24 relating to monetary relief, for which Court enforcement may be sought immediately. The Commission will take whatever measures it deems appropriate to effectuate the enforcement of the terms of this Decree.
IX. COSTS 26. Except to the extent agreed otherwise, each Party shall bear its own costs and attorneys’ fees
associated with this litigation. X. DURATION OF CONSENT DECREE; CASE CLOSURE
27. The duration of this Decree shall be three (3) years from the date of entry of the Decree. The parties do not dispute that the Court may, by separate Order, instruct the Clerk to enter judgment adopting the Consent Decree, and administratively closing the file. Ms. Roenigk and the Defendant may subsequently file a separate joint motion and stipulation of dismissal of her claims as an Intervenor, with prejudice. SO ORDERED ADJUDGED AND DECREED, this ____day of August 2005.

__________________________________________ JOHN E. STEELE UNITED STATES DISTRICT JUDGE

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

by: /s/Delner Franklin-Thomas Delner Franklin-Thomas, Esquire Regional Attorney U.S. Equal Employment Opportunity Commission Miami District Office

Date: 8/2/05

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One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131
AGREED TO: FOR THE PLAINTIFF-INTERVENOR AMANDA ROENIGK
by: /s/Dennis L. Webb
Dennis L. Webb, Esquire Jason S. Gunter, Esquire
Webb, Scarmozzino & Gunter, P.A. 1617 Hendry Street, Third Floor Fort Myers, Florida 33901
AGREED TO: FOR THE DEFENDANT RT TAMPA FRANCHISE, L.P.
by: /s/Lori Y. Baggett Lori Y. Baggett, Esquire Cathleen G. Bell, Esq. Carlton Fields, P.A. Corporate Center Three at International Plaza 4221 W. Boy Scout Boulevard Tampa, FL 33607
by: /s/Geralyn M. Passaro Geralyn M. Passaro, Esquire Stephens, Lynn, Klein, La Cava, Hoffman & Puya, P.A. Las Olas Place, Suite 800 301 East Las Olas Boulevard Fort Lauderdale, FL 33301

Date: 8/1/05 Date: 8/2/05 Date: 8/2/05

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EXHIBIT A
RESPECT AND RESPONSIBILITY POLICY
Harassment of any type or any nature, whether based on race, gender, sex, age, religious affiliation, disability, national origin, or any other protected category, is wrong, unfair, and will not be tolerated at Ruby Tuesday, Inc. The success of our great Company is based on building great teams. The foundation of great teams is treating people as they want to be treated and showing true respect for all individuals. Anyone who engages in harassing conduct will be subject to discipline, up to and including termination.
Company policy prohibits unwelcome advances, propositions, requests for favors, verbal abuse of any nature, offensive jokes, flirtations, explicit or degrading verbal comments about another individual or his/her physical appearance, the display of sexually suggestive pictures or objects, any offensive or abusive physical conduct, sexually or racially explicit language or jokes, unwelcome touches or other unwelcome physical contact, whether on or off Company property, whether on or off duty, or in conjunction with work in any way. Basing employment decisions, such as scheduling, raises or promotions, on a Team Member’s agreement or refusal to be subject to or tolerate offensive conduct is strictly prohibited. A Team Member’s agreement or refusal to submit to or tolerate this type of conduct cannot be used as a basis for an employment decision. Any type of conduct that interferes with a Team Member’s work performance or creates an intimidating, hostile or offensive work environment is a violation of Company policy.
The Company does not permit Management/Team Member dating. Dating or other personal involvement of a romantic nature between a Manager and a Team Member could lead to favoritism (or the appearance of favoritism) and morale issues. If such a situation arises, it is the responsibility of the parties involved to notify their supervisors so that the two parties no longer work in the same unit.
Each of us plays a critical role in the Company’s success and is expected to project a positive and professional image. Professionalism in appearance and conduct is crucial to motivating others and promotes a positive and fair work environment.
If you see a violation of Company policy, you must promptly inform us. Communication is the key. Talk to your Manager, General Manager, Director — People, Standards, and Results, Regional Partner, Director of Human Resources, or call the Team Member Hotline, whichever is most comfortable for you. We want and need you to speak freely without fear of retaliation, or adverse consequences for expressing your concerns.
Team Member Hotline: 1-800-633-8483
Revised 10/09/03
“NOTHING CONTAINED IN THIS POLICY IS INTENDED TO CREATE A CONTRACT FOR EM PLOYMENT. ALL EMPLOYEES OF RUBY TUESDAY, INC. ARE EMPLOYEES AT -WILL.”
TPA#2047617.2

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EXHIBIT B
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AND RT TAMPA FRANCHISE, L.P.
This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC et al. vs. RT Tampa Franchise, L.P. a/k/a RT Tampa Franchise Ltd. d/b/a Ruby Tuesday, Civil Action No. 2:04-cv-484-FtM-29DNF. RT Tampa Franchise, L.P. has adopted a policy that prohibits discrimination against employees based on sex in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, or sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. RT Tampa Franchise, L.P. will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, sexual harassment and retaliation.
RT Tampa Franchise, L.P. 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. Appropriate corrective action, up to and including termination, based upon the circumstances involved, shall be taken against any employee (including management personnel) found to have violated RT Tampa Franchise, L.P.’s policy prohibiting discrimination.
This notice shall remain posted for three (3) years from the date the Decree is entered. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone Leslie Logan, in Maryville, Tenn. at (865) 379-5705, or the Miami District Office of the Equal Employment Opportunity Commission at 1-800669-4000.

Signed this day of

, 2005.

_________________________________________________ Scarlett May, Vice President and Secretary, RT Tampa, Inc. on behalf of RT Tampa Franchise, L.P., a limited partnership

DO NOT REMOVE BEFORE ______________, 2008

 
 Case 2:04-cv-00484-JES-DNF Document 47 Filed 08/15/2005 Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

vs.

Case No. 2:04-cv-484-FtM-29DNF

RT TAMPA FRANCHISE, L.P., Defendant.

AMANDA ROENIGK, Intervenor.
_____________________________________/
ORDER This matter comes before the Court on intervenor Amanda Roenigk and defendant’s Joint Stipulation for Dismissal With Prejudice of Intervenor’s Claims (Doc. #46) filed on August 15, 2005. The only remaining claims are that of the Intervenor and all other matters have been resolved. As a result, the case is due to be closed. Accordingly, it is hereby ORDERED AND ADJUDGED: that any outstanding claims between intervenor plaintiff Amanda Roenigk and defendant are DISMISSED with prejudice with each party to bear their own costs and

Case 2:04-cv-00484-JES-DNF Document 47 Filed 08/15/2005 Page 2 of 2 attorney’s fees. Finding no remaining issues to be tried, the Clerk shall enter judgment accordingly and close the case.
DONE AND ORDERED at Fort Myers, Florida, this 15th day of August, 2005.
Copies: Counsel of record DCCD
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 Electronic Case Filing | U.S. District Court - Middle District of Florida - Docket Report Page 1 of 7

U.S. District Court Middle District of Florida (Ft. Myers) CIVIL DOCKET FOR CASE #: 2:04-cv-00484-JES-DNF

CLOSED

United States Equal Employment Opportunity Commission v. RT Tampa Franchise, L.P. Assigned to: Judge John E. Steele Referred to: Magistrate Judge Douglas N. Frazier Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/27/2004 Date Terminated: 08/16/2005 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Cheryl A. Cooper Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/808-1853 Fax: 305/808-1835 Email: cheryl.cooper@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Delner Franklin-Thomas Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6001 Email: delner.franklinthomas@eeoc.gov ATTORNEY TO BE NOTICED

Eric S. Drieband Equal Employment Opportunity Commission One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6006

Gwendolyn Y. Reams Equal Employment Opportunity Commission

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Intervenor Plaintiff Amanda Roenigk
V. Defendant RT Tampa Franchise, L.P. also known as RT Tampa Franchise, Ltd. doing business as Ruby Tuesday

Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010
James Lee Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010
Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net ATTORNEY TO BE NOTICED
represented by Dennis Louis Webb Webb, Scarmozzino & Gunter, PA 2nd Floor 2121 W First St Ft Myers, FL 33901 239/334-1600 Fax: 239-334-7979 Email: dennis@wsglawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Geralyn M. Passaro Stephens, Lynn, Klein, La Cava, Hoffman & Puya, PA Suite 800 301 E Las Olas Blvd Ft Lauderdale, FL 33301 954/462-4602 Email: PassaroG@stephenslynn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Defendant
RT Tampa Franchise, L.P. also known as RT Tampa Franchise, Ltd. doing business as Ruby Tuesday

Cathleen G. Bell Carlton Fields, PA 4221 W Boy Scout Blvd - Ste 100 PO Box 3239 Tampa, FL 33601-3239 813/223-7000 Fax: 813/229-4133 Email: cbell@carltonfields.com ATTORNEY TO BE NOTICED
represented by Cathleen G. Bell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Geralyn M. Passaro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2004 09/27/2004 09/27/2004
09/27/2004 10/07/2004 10/07/2004 10/25/2004

#

Docket Text

1 COMPLAINT against RT Tampa Franchise, L.P.; Jury Demand, filed by United States Equal Employment Opportunity Commission.(drn) (Entered: 09/27/2004)

2 Summons issued as to RT Tampa Franchise, L.P. (drn) (Entered: 09/27/2004)

3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2 Notice of pendency of other actions due by 10/8/2004 Signed by Judge John E. Steele on 9/27/2004. (BJH ) (Entered: 09/27/2004)

4 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/8/2004 Signed by Judge John E. Steele on 9/27/2004. (BJH ) (Entered: 09/27/2004)

5 NOTICE of pendency of other actions re 3 order of compliance to Local Rule by United States Equal Employment Opportunity Commission Related case(s): No (Cooper, Cheryl) (Entered: 10/07/2004)

6 CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by United States Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 10/07/2004)

7 RETURN of service executed on 10/15/04 by United States Equal Employment Opportunity Commission as to RT Tampa Franchise, L.P.. (slu, ) (Entered: 10/26/2004)

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11/01/2004
11/02/2004 11/03/2004
11/12/2004 11/12/2004 11/23/2004 11/29/2004
11/29/2004 11/29/2004 11/30/2004 11/30/2004 11/30/2004 12/15/2004 12/20/2004 12/20/2004

8 ANSWER to complaint with Jury Demand by RT Tampa Franchise, L.P.. (Bell, Cathleen) Modified on 11/3/2004 (slu, ). ERROR ON DOCUMENT; NO SIGNATURE; COUNSEL NOTIFIED (Entered: 11/01/2004)
9 Signed ANSWER to complaint by RT Tampa Franchise, L.P..(Bell, Cathleen) (Entered: 11/02/2004)
10 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/15/2004 for RT Tampa Franchise, L.P.. Signed by Judge John E. Steele on 11/3/2004. (slu, ) (Entered: 11/03/2004)
11 CERTIFICATE of interested persons and corporate disclosure statement by RT Tampa Franchise, L.P.. (Bell, Cathleen) (Entered: 11/12/2004)
12 NOTICE of pendency of other actions re order of compliance to Local Rule by RT Tampa Franchise, L.P. Related case(s): No (Bell, Cathleen) (Entered: 11/12/2004)
13 UNOPPOSED MOTION to intervene and incorporated memorandum of law by Amanda Roenigk. (kma) (Entered: 11/26/2004)
14 ORDER granting 13 Motion to Intervene. Ms. Roenigk shall file her Complaint within 11 days from the date of the Order. See Order for details. Signed by Judge Douglas N. Frazier on 11/29/2004. (brh) (Entered: 11/29/2004)
15 INTERVENOR'S COMPLAINT , filed by Amanda Roenigk. Jury Trial Demanded and Injunctive Relief Sought.(slu, ) (Entered: 12/01/2004)
16 DEMAND for trial by Jury by Amanda Roenigk. (slu, ) (Entered: 12/01/2004)
17 NOTICE of pendency of other actions re order of compliance to Local Rule by Amanda Roenigk Related case(s): no (slu, ) (Entered: 12/01/2004)
18 CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Amanda Roenigk. (slu, ) (Entered: 12/01/2004)
19 INTERVENOR'S COMPLAINT , filed by Amanda Roenigk. Jury Trial Demanded and Injunctive Relief Sought.(slu, ) (Entered: 12/01/2004)
20 CASE MANAGEMENT REPORT. (Cooper, Cheryl) (Entered: 12/15/2004)
21 MOTION to dismiss Intervenor's Claims In Count V For Negligent Hiring For Failure to State A Claim by RT Tampa Franchise, L.P.. (Bell, Cathleen) (Entered: 12/20/2004)
22 Defenses and ANSWER to intervenor complaint by RT Tampa Franchise, L.P..(Bell, Cathleen) (Entered: 12/20/2004)

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01/03/2005 01/04/2005 01/10/2005 01/13/2005 01/18/2005
02/28/2005 02/28/2005 03/18/2005 03/21/2005
03/22/2005 03/22/2005 03/23/2005
04/06/2005

23 STIPULATION to dismiss and amend by Amanda Roenigk. (Webb, Dennis) (Entered: 01/03/2005)
24 ORDER granting 23 Stipulation, granting 21 Motion to dismiss. The Intervenor may file an Amended Complaint within 10 days of this Order. Signed by Judge John E. Steele on 1/4/2005. (RKM) (Entered: 01/04/2005)
25 AMENDED COMPLAINT against all defendants, filed by Amanda Roenigk.(Webb, Dennis) (Entered: 01/10/2005)
26 Defendant's ANSWER to amended complaint by RT Tampa Franchise, L.P..(Bell, Cathleen) (Entered: 01/13/2005)
27 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial Conference set for 10/17/2005 09:00 AM in Courtroom A before Judge John E. Steele. Jury Trial set for trial term 11/7/2005 before Judge John E. Steele. (See Order for further deadlines). Signed by Judge Douglas N. Frazier on 1/18/2005. (BJH, ) (Entered: 01/18/2005)
28 NOTICE by United States Equal Employment Opportunity Commission of Designation for Receipt of Service Via CM/ECF System (Cooper, Cheryl) (Entered: 02/28/2005)
29 NOTICE by United States Equal Employment Opportunity Commission of Mediation Schedule (Cooper, Cheryl) (Entered: 02/28/2005)
30 Unopposed MOTION for leave to file Amended Answer and Defenses to Complaint and Amended Answer and Defenses to Intervenor's Complaint by RT Tampa Franchise, L.P.. (Attachments: # 1 Exhibit Exhbiit "A"# 2 Exhibit Exhibit "B")(Bell, Cathleen) (Entered: 03/18/2005)
31 ORDER granting 30 Unopposed motion for leave to file amended answer and defenses to complaint and amended answer and defenses to intervenor's complaint. Within 5 days, the Defendant shall filed its Amended Answers. Signed by Judge Douglas N. Frazier on 3/21/2005. (brh) (Entered: 03/21/2005)
32 Defendant's Amended ANSWER to complaint and Defenses to EEOC's Complaint by RT Tampa Franchise, L.P..(Bell, Cathleen) (Entered: 03/22/2005)
33 Defendant's Amended ANSWER to intervenor complaint and Defenses to Intervenor's Amended Complaint by RT Tampa Franchise, L.P..(Bell, Cathleen) (Entered: 03/22/2005)
34 MOTION to quash or Modify Subpoena and for Protective Order by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - E# 2 Exhibit F - G# 3 Exhibit H# 4 Exhibit I# 5 Exhibit J)(Cooper, Cheryl) Modified on 3/24/2005 (slu). ERROR TWO-PART DOCUMENT; COUNSEL NOTIFIED (Entered: 03/23/2005)
35 RESPONSE to motion re 34 MOTION to quash or Modify Subpoena and

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04/19/2005 05/09/2005 06/16/2005 06/17/2005 07/14/2005 07/15/2005 08/02/2005 08/03/2005
08/03/2005 08/03/2005 08/15/2005

for Protective Order filed by RT Tampa Franchise, L.P.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Baggett, Lori) (Entered: 04/06/2005)
36 ORDER granting 34 Motion to quash or modify subpoena and for protective order. See Order for details. Signed by Judge Douglas N. Frazier on 4/19/2005. (brh) (Entered: 04/19/2005)
37 NOTICE of Appearance by Geralyn M. Passaro on behalf of RT Tampa Franchise, L.P., RT Tampa Franchise, L.P. (slu) (Entered: 05/10/2005)
38 MEDIATION REPORT Hearing held on June 9, 2005 Hearing outcome: Majority Agreement(Cooper, Cheryl) (Entered: 06/16/2005)
39 ORDER directing administrative closure for a period of 30 days. The Clerk shall terminate all pending motions and deadlines as moot in light of the administrative closure. Signed by Judge John E. Steele on 6/17/2005. (RKM) (Entered: 06/17/2005)
40 Joint MOTION for Extension of Time to File Consent Decree by United States Equal Employment Opportunity Commission. (Farrell, Michael) (Entered: 07/14/2005)
41 ORDER granting 40 Motion for Extension of Time to File and the administrative closure is extended until August 2, 2005. Signed by Judge John E. Steele on 7/15/2005. (RKM) (Entered: 07/15/2005)
42 CONSENT DECREE by United States Equal Employment Opportunity Commission, Amanda Roenigk, RT Tampa Franchise, L.P.. (Cooper, Cheryl) (Entered: 08/02/2005)
43 ORDER vacating 41 Order administratively dismissing case, accepting and approving 42 Consent Decree filed by United States Equal Employment Opportunity Commission, RT Tampa Franchise, L.P., and Amanda Roenigk which will be entered contemporaneously to the entry of this Order. The Clerk shall enter Judgment adopting the Consent Decree by attaching a copy of the Consent Decree to said Judgment. The Clerk shall further terminate all deadlines and motions as moot in anticipation of a final resolution of the case. The case shall remain open pending submission of a stipulation regarding the Intervenor's outstanding claims. Signed by Judge John E. Steele on 8/3/2005. (RKM) (Entered: 08/03/2005)
44 ENDORSED CONSENT DECREE pursuant to 43 Order.Signed by Judge John E. Steele on 8/3/2005. (RKM) (Entered: 08/03/2005)
45 JUDGMENT in favor of United States Equal Employment Opportunity Commission and Amanda Roenigk against RT Tampa Franchise, L.P. (Signed by Deputy Clerk) (Attachments: # 1 Exhibit Consent Decree) (slu) (Entered: 08/04/2005)
46 STIPULATION of Dismissal with prejudice by Amanda Roenigk. (Gunter, Jason) (Entered: 08/15/2005)

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08/15/2005 08/16/2005

47 ORDER re 46 Stipulation of Dismissal dismissing with prejudice any outstanding claims between intervenor Amanda Roenigk and defendant with prejudice with each party to bear their own costs and fees. The Clerk shall enter judgment accordingly and close the file finding no remaining issues to be tried.Signed by Judge John E. Steele on 8/15/2005. (RKM) (Entered: 08/15/2005)
48 JUDGMENT in favor of RT Tampa Franchise, L.P. and Amanda Roenigk (Signed by Deputy Clerk) (slu) (Entered: 08/16/2005)

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