IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
FORT PIERCE DIVISION
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
MIDNIGHT GAMBLER CASINO CRUISES,
Defendant.
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 race, and to provide appropriate relief to Shirley Dandurand who was adversely affected by such practices. As alleged with greater particularity in paragraph 7, the Commission alleges that Shirley Dandurand was subjected to a racially hostile work environment because of her race, Black. Further, the Commission alleges that the racial harassment created an intolerable work environment forcing Ms. Dandurand to resign.
JURISDICTION AND VENUE 1. Jurisdictionofthis Court is invoked pursuant to 28U.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. Section 2000e-5(f)(1) and (3) ("Title VII")

and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 A. 2. The employment practices alleged to be unlawful were committed withinthe
jurisdiction of the United States District Court for the Southern District of Florida, Fort Pierce 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, and is expressly authorized to bring this action by Section 706 (f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Midnight Gambler Casino Cruises (the "Employer"), has continuously been doing business in the State of Florida and the City of Fort Pierce, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer 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, Shirley Dandurand filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least April of 1997, Defendant Employer has engaged in unlawful employment practices at its place of business in Fort Pierce, Florida in violation of Section 703(a)

of Title VII, 42 U.S.C. § 2000e-2(a). (A) Shirley Dandurand was subjected to racial harassment by her co-workers and members of management on a daily basis. (B) The harassment included verbal abuse and derogatory comments about her race. The unwelcome racial harassment created an intimidating, hostile or offensive work environment which was sufficiently severe and pervasive to affect the terms and conditions of her employment. Defendant Employer failed to take reasonable steps to prevent and correct the harassment. Moreover, Defendant Employer knew or should have known of the harassment but failed to take prompt, effective, remedial action. (C) Shirley Dandurand was subjected to working conditions so intolerable that she felt compelled to resign. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Shirley Dandurand, of equal employment opportunities because of her race, Black. 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 Shirley Dandurand.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Midnight Gambler Casino Cruises
3

its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in race discrimination and any other employment practice which discriminates on the basis of race.
B. Order Defendant Midnight Gambler Casino Cruises, to institute and carry out policies, practices, and programs which provide equal employment opportunities for Blacks, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Midnight Gambler Casino Cruises to make whole Shirley Dandurand 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 reinstatement of Shirley Dandurand or front pay.
D. Order Defendant Midnight Gambler Casino Cruises to make whole Shirley Dandurand by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses, job search expenses, and medical expenses in amounts to be determined at trial.
E. Order Defendant Midnight Gambler Casino Cruises to make whole Shirley Dandurand by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain and suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Midnight Gambler Casino Cruises, to pay Shirley Dandurand punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

Go
interest. H.

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

Respectfully submitted,

C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
MICHAEL J. FAR:I~JoL

Super(Acting) ~ " I~LENNETF~
Trial Attorney Florida Bar Number 0083054
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Two South Biscayne Boulevard One Biscayne Tower, Suite 2700 Miami, Florida 33131 (305) 530-6007 (305) 536-4494 facsimile

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CIVIL COVER SHEET

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employment practices cn t~e basis of r-dce, and to provide appropriate relief to Shirley

um~mo~ D~ndur-dnd w~D %~s adversely affected by such practices.

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VII. REQUESTED IN COMPLAINT:.

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CHECK IF THIS IS A CLASS ACTION [] UNDER FR_CP 23

CHECK YES on~ ~f mmmd~ m oompb~ JURY DEMAND:

VIII.RELATED CASE(S) (See IF ANY

JUDGE

DOCKET NUMBER

DATE

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MAG JL~GE

 
 Case 2:00-cv-14289-NCR Document 18 Entered on FLSD Docket 01/16/2002 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CASE NO. 00-14289-CIV-ROETTGER

kQ •IU:.U tJy_

D.C.

vs. MIDNIGHT GAMBLER CASINO CRUISES,
________D_e_f_e_n_d_a_n_t_. ______________/

JAN 14 2002
<L~fl~f<t:f; MADDOX ;LERI< U.S. DIST. CT.
S. D. OF FLA.

ORDER ON PLAINTIFF'S MOTION TO COMPEL FINANCIAL WORTH DISCOVERY (DE #13)
THIS CAUSE having come on to be heard upon the aforementioned Motion, and this Court having reviewed the Motion, and noting that Defendant has not filed a response, and further noting that this Court was not aware of the pendency of said motion due to the parties failure to comply with Judge Roettger's Scheduling Order filed June 1, 2001, and being otherwise advised in the premises, it is hereby
ORDERED AND ADJUDGED that Plaintiff's Motion to Compel Financial Worth Discovery is GRANTED. Defendant shall fully respond to Plaintiff's requests for production 1-4, 1-5 and 1-6 within ten (10) days of the date of this Order, it is further
ORDERED AND ADJUDGED that the parties shall comply with Judge Roettger's June 1, 2001 Order by providing courtesy copies of all discovery motions and responses to the undersigned in Fort Pierce, Florida.

Case 2:00-cv-14289-NCR Document 18 Entered on FLSD Docket 01/16/2002 Page 2 of 2 DONE AND ORDERED in Chambers at Fort Pierce, Florida, this
~day of January, 2002.
JUDGE cc: Heui Young Choi, Esq.
Bruce A. Weil, Esq.
2

 
 Case 2:00-cv-14289-NCR Document 35 Entered on FLSD Docket 04/11/2002 Page 1 of 1

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
MIDNIGHT GAMBLER CASINO CRUISES,
~--~~---=D~e~f~e~n~d~a~n~t~s~·~-----1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. :00-14289-CV-ROETTGER
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THIS CAUSE is before the court upon information concerning the amicable settlement of this case. As this matter has been resolved by the parties, it is
ORDERED AND ADJUDGED that in accordance with the parties' settlement agreement, this cause is DISMISSED, with prejudice to and costs taxable against, all parties. However, the court may grant reinstatement by motion in order to carry out provisions within the settlement agreement. The court expects the parties to file a stipulation of settlement within two (2) weeks.
IT IS FURTHER ORDERED AND ADJUDGED that all pending motions are DENIED AS MOOT. The Clerk of Court is directed to close this case.
DONE AND ORDERED this J__ day of~----~--~F-----------
2002.

cc: counsel of record

NORMAN C. ROETTGER UNITED STATES DISTR T COURT JUDGE

 
 Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 1 of 12

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

- - - FILED by

..

FORT PIERCE DIVISI00;

Case No.: 00-14289-CIV-ROETTGER/LYNCH UNITED STATES EQUAL EMPLOYMENT

CLARENCE MADDOX
sCJ-ERK U.S. DIST. CT, . ' OF FLA. FT. LAUD,

OPPORTUNITY COMMISSION,

Plaintiff, vs.

NIGHT ~OX FILID
APR 23 2002

MIDNIGHT GAMBLER CASINO CRUISES, Defendant.

CLARENCE MADDOX CLERK, USDC/SDFL/FTL

CONSENT DECREE 1. This Consent Decree (the "Decree·· :s made and entered into by and between Plaintiff EEOC, the Equal Employment Opportur...:.:y Commission (hereinafter referred to as the ''Commission" or "EEOC"), and Defendant, Midni;:·n Gambl~r Casino Cruises (hereinafter referred to as "MG Cruises"). The Commission and MG C:-1ises are collectively referred to herein as "the Parties." 2. On September 28,2000, the EEOC i=.::iated this action by filing its Complaint against Cruises. The EEOC's Complaint alleged that Mid:::..:5ht Gambler Casino Cruises violated Title VII ofthe Civil Rights Act of 1964, 42 U.S.C. Secti::-_ 2000e er seq. ("'Title \'II'') and Title I of the Civil Rights Act of 1991, by subjecting Shirley D.:....-_durand to a racially hostile work environment. The Complaint arose out ofthe allegations that ,,·h: _-:employed at the Defendant's place ofbusiness, Shirley Dandurand was daily subjected to racial s:..:.:::s that created an intolerable \vork environment forcing her to resign. 3. On December 5, 2001, the EEOC ::ied an amended complaint seeking to add Creative Gaming Systems, Inc., Jamaica Gami:.;. Inc.. Monte Carlo Cruise Concessions, Inc..

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 2 of 12
Freeport Casino Cruises, LLC., and Freeport Excursions as Defendants. The EEOC alleged that they, along with Midnight Gambler Casino Cruises, constitute an integrated enterprise. As the com1 has not ruled on the amended complaint, the Parties stipulate that for the purposes of entering into andenforcementofthis Decree Creative Gaming Systems, Inc., Jamaica Gam~Qg, Inc., Monte Carlo Cruise Concessions, Inc., Freeport Casino Cruises, LLC., and Freeport Excursions voluntarily agree to comply with paragraphs 11 through 18 of this Decree notwithstanding the fact that such parties deny that they operate as an "integrated enterprise" and do not believe thc.t such motion would have been granted by the Court.
4. On February 5, 2fJ01, MG Cruises filed its Answer to the EEOC's Complaint. MG Cruises denied that it discriminated against anyone including Ms. Dandurand. MG Cruises and the five entities described in paragraph 3 above expressly deny that they constitute an "integrated enterprise" and expressly deny that they have discriminated against any person in violation ofTitle
\ ·rr.
5. In the interests of resolving this maner, to avoid the costs oflitigation, and as a result ofhaving 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 this Decree resolves all claims agamst MG Cruises alleged in EEOC Charge Number 15~1 98 0119 and the Complaints filed in this action. The Parties further agree that this Decree does not resolve any Charges ofDiscrimination that may be pending with the EEOC other than the Charge referred to in this paragraph. The EEOC represents that it is not a\\·are

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 3 of 12

of any other pending charges of discrimination against MG Cruises or the entities des('ribed in paragraph 3 a: this time, in the State of Florida.
NOW. THEREFORE, the Court having ca.ref11lly examined the terms and provisions of this Consent Dec:-:=e, and based on the pleadings filed b:. the parties, it is ORDE;Jtl:D~ ADJl"DGED AND DECREED THAT:
JURISDICTION 7. This court has jurisdiction ofthe subject matter ofthis action and over the Parties for the purposes of entering and enforcing this Decree. 8. No party shall contest jurisdiction of :his federal court to enforce this Decree and its terms or tf.;; right ofthe EEOC to seek enforcemer:: of the decree in the event Defendant breaches any ofthe terms ofthis Decree.

GE:\"ERAL INJUNCTIYE PROYISIO~S

9.

MG Cruises, its officers, managers. :;mployees. agents and partners, are hereby

enjoined frc:n conducting business in a manner :~at subjects Black employees to tern1s and

conditions o:· employment that constitute a hostile er:\·ironment in violation of Title VII ofthe Civil

Rights Act of 1964, as amended.

10. MG Cruises, its officers. managers, 2gents and panners, agree that it will not

discriminate against any employee in this matter wt:o opposed any of Defendant's practices which

the employe;; believed to be a violation of Title VII: who _filed a charge of discrimination with the

EEOC alle~:ng violation(s) of such statute; or who cooperated with the EEOC in the im·estigation

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 4 of 12
or prosecution of this case. TRAINING
11. MG Cruises will e-stablish a written policy of complia::..:e ·.vith Title VII which will
be provided to the EEOC by June l, 2002. A complete copy of this P'-"'lic:.- wiU be distributed to all
its current employees at all of its facilities by June 30,2002. MG Cruises :'-1rther agrees that all new employees will be provided a co;:y of the policy within one week of .:'mp:oyment.
12. To further ensure the effective implementation of Defe::dant MG Cruises' antidiscrimination policies, MG Cn.::ses will conduct one 4 hour trainins session annually throughout
the duration of this Decree fCtr c.:: of its managers and supen·isory r~rsc:mel at its facilities, with
specific emphasis on recognizin~ racial harassment and the proper pr'"'..-:ecJre to be followed if they become aware of racial harass:::1ent in the workplace or if they :-ece:ve a complaint of such harassment. Defendant agrees t.: provide the EEOC, at least two we~ ~s ::otice before they conduct their training session(s), with t~.= date(s) and location(s) of the trai:-_in~. the identification of the training materials to be used at :~1e training session, and a general -:~s.::iption of the category of employees who will be in attenc..:.nce at the training. The training de~:ri:-=d J.bove will occur at the offices of Jamaica Gaming, Inc. in New York. If MG Cruises resu:::~_es operations, it will provide such training at its then princip:.:: place of business. The training wi:: be .:onducted by the la\v firm ofBoies, Schiller & Flexner, L.L.P ., unless otherwise agreed by the P .::..:"ties. Additionally, Defendant agrees that the EEOC shall, at r:-.= EEOC's discretion, be in anenda:.:e .:.reach training session(s).
13. Defendant agre;;s that the training descrihed in p<:.:.:..gr..:.;Jh 12 shall be conducted within ninety (90) days of the e:-.:ry of this Decree, and, should there...:.:1er :ake place annually for the
4

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 5 of 12
duration of this Decree. Defendant further agrees that the training described in paragraph 12 shall be given to all new managers and supervisors. who did not attend the annual training. within thirty (30) days ofb:ing placed in a management or supervisory position.
POSTING 14. \1G Cruises will post within seven days from the Court's execution of this Decree a laminated 1:" x 14" sized copy of the Notice anached hereto as Exhibit A. Said notice shall be posted at all ~~G Cruises facilities for the duration ofthis Decree in conspicuous locations a~cessible to all employees (i.e. employee bulletin board or lunch room).
MONITORI~G
15. MG Cruises will retain all employment records relating in any way to any CC'mpiaint. allegation and investigation ofrace discrimination or retaliation at any ofMG Cruises' facilit::s for the duration ofthis Decree and as required by Federal law.
16. MG Cruises will provide the EEOC \\·ith the name, address and phone number ofany persor:. who alleges they have been subjected to racial harassment or retaliation while \\·orking at any ofMG Cruises's facilities during the preceding six (6) months. MG Cruises will also state its actions ta.":.:en in response to each such allegation. The first report shall be submitted by l..::y 31, 2002. MG Cruises will provide upon request by the Commission any and all docur11e~:~ation associated with each such complaint.
17. MG Cruises will certify to the EEOC every six (6) months throughout the duration ofthis Decree that it is in compliance with all aspects of this Decree. The first such certificati ...,n will be due no l::.:er than July 31, 2002, and thereafter by June 3() and December 31 arumally.
5

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 6 of 12

18. All notices and certifications required to be completed under the terms of this Decree

shall be forwarded to the attention ofTrial Attomey Heui Young Choi. a: EEOC, Miami District

Office, 2 South Biscayne Blvd. Suite 2 700, Miami, Florida 33131.
::;;
MONETARY RELIEF

19. MG Cruises shall pay $25,000 in resolution of this litigation. The monies shall

represent compensatory and punitive damages. MG Cruises shall issue an I.R.S. form 1099 to

Shirley Dandurand substantiating the same. The monies shall be distributed to Shirley Dandurand.

The payments shall issue on the dates and the amounts set forth below:

Date

Amount

May 20,2002

$5,000

June 20, 2002

$10,000

July 20, 2002

$10,000

The payments shall be forward by certified mail or Federal Express to Shirley Dandurand

at the address set forth in Exhibit B. Copies ofthe 1099 and the payments shall be forwarded to the

attention ofHeui Young Choi, Trial Attorney, U.S. Equal Employment Opportunity Commission,

One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2i00, Mia..'11i. Florida 33131.

20. IfMG Cruises fails to tender the above-mentioned pa:mer:~s as set forth in paragraph

19, then MG Cruises shall pay interest on the defaulted payment at t~e rJte calculated pursuant to

26 U.S.C. Section 662l(b) until the same is paid, and bear any ad.iitional costs incurred by the

EEOC caused by the non-compliance or delay of the Defendant.

6

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 7 of 12

ENFORCEMENT OF DECREE 21. The Commission shall have independent authority to seek the judicial enforcem~nt of any aspect, tem1 or provision of this Decree. 22. The Court will take whatever measures necessary to effectq~te the terms of this Decree.
COSTS 23. Each Party shall bear its own costs associated with this litigation.

DURATION OF CO~SENT DECREE

24. The duration of this Decree shall be four (4) years from the date of entry of the

,_.-.J Decree. 2S· All

··~ ~fJD.,s ~ ,/uveJ- o2.S~tJ VerK ts

23. ~ ~ e..l~~ 1J,I.s t.ase . SO ORDERED, ADJUDGED AND DECREED, this

day ov9f~00.2.

NOAA1AN C. ROETTGE UNITED STA.TES DIST

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 8 of 12

AGREED TO:

FOR THE PtAINTIFF,

=

UNITED STATES EQUAL E:\ IPLOYMENT OPPORTUNITY COMMISSION
by: /{)rO wf:fw,n~(';_- -£~c v,.__ ?:~j oate <: 1 O?_

Delner Franklin-Thom;1.5

1

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:

· Sr\0 CRUISES

Miami, Florida 3313 1

s

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 9 of 12
EXHIBIT A

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 10 of 12
NOTICE TO ALL EMPLOYEES POSTED PURSUAl~T TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL E~IPLOYl\IENT OPPORTUNITY CO,Il\HSSION AND
MIDNIGHT GAMBLER CASINO CRUISES This notice is being posted j:ursuant to a Consent Decree entered by the Co_y.rt in EEOC vs. Midnight Gambler Casino Cruises. Civil Action No. 00-14289-CIV-ROETTGERJLYNCH. MG Cruises has agreed that it will not C.iscrimin::1te against employees in violatf~n of Title VII of the Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because oftheir race •including racial harassment) religion, color. national origin, or sex. Title VII also protects indi,·duals from retaliation for having complained of an unlawful employment practice. MG Cruises ·;;.·ill not condone employment discrimination of any kind as set forth in federal anti-discrimination :aws, including, but not limited to, racial harassment. Furthermore, MG Cruises. l.Ssures 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 acti.:n, up to and including termination, shall be taken against any employee (including management r;ersonnel) found to violate the policies regarding discrimination, based upon the circumstances ill\·o:ved. This notice shall remain posted for four (4) years from the date signed. Employees or applicants for employment who haY;: questions about their rights under Title VII or any other federal anti-discrimination law may tele;;hone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000. Signed this __ day of ___, 2002.
PRESIDENT/CEO, MIDNIGHT G_-\MBLER CASINO CRUISES
DO NOT ~MOVE BEFORE _ _ _ _ 2007.
9

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 11 of 12
EXHIBITB

Case 2:00-cv-14289-NCR Document 38 Entered on FLSD Docket 08/27/2002 Page 12 of 12
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
FORT PIERCE DIVISION Case No.: 00-14289-CIV-ROETTGER/LYNCH
UNITED STATES EQUAL El\lPLOYMENT OPPORTUNF-TY COMMISSION,
Plaintiff, vs. MIDNIGHT GAMBLER CASINO CRUISES.
Defendant.
-----------------------------I
Shirlev Dandurand's l\lailin2 Address 2592 S.E. Burton Street Port St. Lucie, Florida 3495~

 
 CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?120753107856832-L_92...

U.S. District Court Southern District of Florida (Ft. Pierce) CIVIL DOCKET FOR CASE #: 2:00-cv-14289-NCR

CLOSED

E.E.O.C. v. Midnight Gambler Assigned to: Judge Norman C. Roettger, Jr Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff United States Equal Employment Opportunity Commission
V. Defendant Midnight Gambler Casino Cruises

Date Filed: 09/28/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Michael J. Farrell Jill S. Schwartz & Associates, P.A. 180 North Park Avenue Suite 200 Winter Park, FL 32789 407-647-8911 Fax: 407-628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce Alan Weil Boies Schiller & Flexner 100 SE 2nd Street Suite 2800 Bank of America Tower Miami, FL 33131-2144 305-539-8400 Fax: 539-1307 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/2000 09/28/2000 09/28/2000

#

Docket Text

1 COMPLAINT filed; FILING FEE: waived; FJL A-7 (cg, Deputy Clerk) (Entered: 09/28/2000)
2 SUMMONS(ES) issued for Midnight Gambler (cg, Deputy Clerk) (Entered: 09/28/2000)
Magistrate identification: Magistrate Judge Lynch (cg, Deputy Clerk) (Entered: 09/28/2000)

1 of 4

6/5/2007 12:32 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?120753107856832-L_92...

01/29/2001 02/07/2001 02/07/2001 04/04/2001 06/01/2001 09/17/2001 09/17/2001 09/17/2001 09/26/2001
10/05/2001 11/23/2001 12/04/2001 12/24/2001 01/08/2002 01/11/2002 01/14/2002

3 RETURN OF SERVICE executed for Midnight Gambler on 1/17/01 Answer due on 2/6/01 for Midnight Gambler (Former Deputy Clerk) (Entered: 01/29/2001)
4 NOTICE of attorney appearance for Midnight Gambler by Bruce Alan Weil (cg, Deputy Clerk) (Entered: 02/07/2001)
5 Answer and affirmative defenses by Midnight Gambler (cg, Deputy Clerk) (Entered: 02/07/2001)
6 PROPOSED JOINT Scheduling Report of Scheduling Meeting by U.S. - EEOC, Midnight Gambler (Former Deputy Clerk) (Entered: 04/04/2001)
7 SCHEDULING ORDER setting Deadline for filing of all motions by 10/15/01 Discovery cutoff 10/1/01 (Signed by Judge Norman C. Roettger Jr. on 5/28/01) CCAP [EOD Date: 6/4/01] CCAP (mh, Deputy Clerk) (Entered: 06/04/2001)
8 JOINT MOTION by U.S. - EEOC, Midnight Gambler to extend time of discovery and dispositive motion deadlines in this case and supporting memorandum of law (cg, Deputy Clerk) (Entered: 09/18/2001)
9 MOTION with memorandum in support by Midnight Gambler for protective order (cg, Deputy Clerk) (Entered: 09/18/2001)
10 Certification of good faith by Midnight Gambler (cg, Deputy Clerk) (Entered: 09/18/2001)
11 ORDER Granting [8-1] joint motion for a ninety-day extension of the discovery and dispositive motion deadlines in this case; Resetting discovery deadline for 1/4/02 , Reset motion filing deadline for 1/21/02 (Signed by Judge Norman C. Roettger Jr. on 9/26/01) [EOD Date: 9/28/01] (ss, Deputy Clerk) (Entered: 09/28/2001)
12 ORDER granting [9-1] motion for protective order ( Signed by Magistrate Frank J. Lynch on 10/5/01) [EOD Date: 10/10/01] (cg, Deputy Clerk) (Entered: 10/10/2001)
13 MOTION by U.S. - EEOC to compel financial worth discovery (ss, Deputy Clerk) (Entered: 11/27/2001)
14 MOTION with memorandum in support by U.S. - EEOC to amend [1-1] complaint to add corporations within defendant's "integrated enterprise" as named defendants (ss, Deputy Clerk) (Entered: 12/05/2001)
15 MOTION by Midnight Gambler to extend time to respond to motion to amend complaint (dp, Deputy Clerk) (Entered: 12/27/2001)
16 NOTICE of clarification on position with regards to defendant's motion for enlargement of time by U.S. - EEOC (lh, Deputy Clerk) (Entered: 01/09/2002)
17 Certificate of compliance with local rule by Midnight Gambler (ss, Deputy Clerk) (Entered: 01/14/2002)
18 ORDER granting [13-1] motion to compel financial worth discovery ( Signed by Magistrate Frank J. Lynch on 1/14/02) [EOD Date: 1/16/02] (cg, Deputy Clerk) (Entered: 01/16/2002)

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01/22/2002 01/22/2002 01/22/2002 01/23/2002 01/23/2002 01/23/2002 01/30/2002 01/31/2002 02/22/2002 02/22/2002
02/25/2002 02/25/2002 02/27/2002 03/05/2002 04/03/2002 04/03/2002

19 MOTION with memorandum in support by U.S. - EEOC for summary judgment regarding liability (ss, Deputy Clerk) (Entered: 01/23/2002)
20 Statement of material facts not in dispute by U.S. - EEOC in support of [19-1] motion for summary judgment regarding liability (ss, Deputy Clerk) (Entered: 01/23/2002)
21 NOTICE of filing deposition transcript of Bill Teitel by U.S. - EEOC (ss, Deputy Clerk) (Entered: 01/23/2002)
22 RESPONSE by Midnight Gambler to [14-1] motion to amend [1-1] complaint to add corporations within defendant's "integrated enterprise" as named defendants (dp, Deputy Clerk) (Entered: 01/24/2002)
23 NOTICE of filing declaration of Daniel Teitel by Midnight Gambler (dp, Deputy Clerk) (Entered: 01/24/2002)
24 AFFIDAVIT of Daniel Teitel by Midnight Gambler (dp, Deputy Clerk) (Entered: 01/24/2002)
25 REPLY by U.S. - EEOC to response to [14-1] motion to amend [1-1] complaint to add corporate defendants (ss, Deputy Clerk) (Entered: 01/31/2002)
26 MOTION by Midnight Gambler for enlargement of time to respond to motion for summary judgment (ss, Deputy Clerk) (Entered: 02/01/2002)
27 REVISED ORDER Set pretrial conference for 1:30 4/10/02 before Magistrate Frank J. Lynch (Signed by Judge Norman C. Roettger Jr. on 2/21/02) [EOD Date: 2/21/02] (ss, Deputy Clerk) (Entered: 02/25/2002)
28 ORDER referring case to mediation. Set Jury trial for 10:30 4/22/02 before Judge Norman C. Roettger Jr. 15 days to appoint mediator (Signed by Judge Norman C. Roettger Jr. on 2/21/02) [EOD Date: 2/25/02] (ss, Deputy Clerk) (Entered: 02/25/2002)
29 RESPONSE and Memorandum by Midnight Gambler in opposition to [19-1] motion for summary judgment regarding liability (ss, Deputy Clerk) (Entered: 02/26/2002)
30 NOTICE of filing declaration of William S. Teitel by Midnight Gambler (ss, Deputy Clerk) (Entered: 02/26/2002)
31 ORDER RESETTING TELEPHONE CONFERENCE re-setting Pretrial conference for 1:40 4/10/02 ; ( Signed by Magistrate Frank J. Lynch on 2/27/02) [EOD Date: 2/28/02] CCAP (cg, Deputy Clerk) (Entered: 02/28/2002)
32 REPLY by U.S. - EEOC to response to [19-1] motion for summary judgment regarding liability (ss, Deputy Clerk) (Entered: 03/06/2002)
33 JOINT PRETRIAL STIPULATION by U.S. - EEOC, Midnight Gambler (Former Deputy Clerk) (Entered: 04/04/2002)
34 MOTION with memorandum in support by Midnight Gambler for summary judgment (Former Deputy Clerk) (Entered: 04/04/2002)

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04/10/2002
04/10/2002 04/23/2002 04/23/2002 08/26/2002

35 ORDER dismissing cause upon settlement ( Signed by Judge Norman C. Roettger Jr. on 4/9/02) [EOD Date: 4/11/02] (dp, Deputy Clerk) (Entered: 04/11/2002)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (dp, Deputy Clerk) (Entered: 04/11/2002)
36 Consent Decree (lh, Deputy Clerk) (Entered: 04/24/2002)
37 NOTICE of filing consent decree in resolution of litigation by U.S. - EEOC (lh, Deputy Clerk) (Entered: 04/24/2002)
38 CONSENT DECREE and Order Closing Case (Signed by Judge Norman C. Roettger Jr. on 8/23/02) [EOD Date: 8/27/02] (ss, Deputy Clerk) (Entered: 08/27/2002)

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