Case 3:06-cv-01344-FAB Document 1-1 Filed 03/31/2006 Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

EUREKA MARINE PRODUCTS CO. OF

)

PUERTO RICO, INC. d/b/a EUREKA MARINE )

PRODUCTS

)

)

Defendant(s).

)

)

CIVIL ACTION NO.
COMPLAINT JURY TRAIL DEMAND INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act of 1967, as amended, to correct unlawful employment practices on the basis of age and to provide appropriate relief to Artagnan Olivera (hereafter “Mr. Olivera”), Jorge Martinez (hereafter “Mr. Martinez”), and other similarly situated individuals over the age of 40. As stated with greater particularity in paragraph 7 below the Equal Employment Opportunity Commission ( “the Commission” or “EEOC”) alleges that on or around February 2004 Defendant Eureka Marine Products, Co. of Puerto Rico, Inc. (“Defendant” or “Eureka Marine”) unlawfully terminated 70 year old Mr. Olivera, 74 year old Mr. Martinez, and other similarly situated individuals over the age of 40 because of their ages.

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 7(b) of the Age
1

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Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"), which incorporates by reference Section 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. § 216(c) and 217.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Puerto Rico.
PARTIES 3. Plaintiff, the Commission, is the agencyof the United States of America charged with the administration, interpretation, and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant Employer, Eureka Marine, has continuously been a Puerto Rico corporation authorized to do business in the Commonwealth of Puerto Rico and the City of Dorado, Puerto Rico, and in the State of Florida and the City of Ft. Lauderdale, Florida, and has continuously had at least 20 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with
2

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the ADEA through informal methods of conciliation, conference, and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 7. Since at least February 2004 Defendant Employer engaged in unlawful employment practices at its Dorado, Puerto Rico location, in violation of Section 4(a) of the ADEA, 29 U.S.C. § 623(a): (a) On or around February 2004 Defendant terminated 70 year old Mr. Olivera. Mr.
Olivera was terminated when Defendant decided to terminate all employees over the age of 60. (b) Mr. Olivera was unlawfully terminated because of his age, 70. (c) On or around February 2004 Defendant terminated 74 year old Mr. Martinez. Mr. Martinez was terminated when Defendant decided to terminate all employees over the age of 60. (d) Mr. Martinez was unlawfully terminated because of his age, 74. (e) Other similarly situated individuals over the age of 40 were terminated when Defendant decided to terminate all employees over the age of 60. (f) Other similarly situated individuals over the age of 40 were unlawfully terminated because of their ages. 8. The effect of the practices complained of in paragraph(s) 7 above has been to deprive Mr. Olivera, Mr. Martinez, and other similarly situated individuals over 40 years of age of equal employment opportunities because of their ages.
3

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9. The unlawful employment practices complained of in paragraph 7 above were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
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 the wrongful discharge, unequal administration of the terms and conditions of employment and any other employment practice which discriminates on the basis of age against individuals 40 years of age and older. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant Employer to pay appropriate back wages in an amount to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to individuals whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Mr. Olivera, Mr. Martinez, and other similarly situated individuals. D. Order Defendant Employer to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to reinstatement, rightful-place hiring or rehiring and/or front pay for Mr. Olivera, Mr. Martinez, and other similarly situated individuals.
4

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E. interest.
F.

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.

JAMES L. LEE Deputy General Counsel
GWENDOLYN Y. REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
NORA E. CURTIN Supervisory Trial Attorney
s/Maritza I. Gomez MARITZA I. GOMEZ USDC-P.R. No.: 219311 EEOC Miami District Office One Biscayne Tower, Suite 2700 Two South Biscayne Boulevard Miami, FL 33131-1805 Tel.: (305) 808-1783 Fax: (305) 808-1835 maritza.gomez@eeoc.gov

5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
EUREKA MARINE PRODUCTS CO., OF PUERTO RICO, INC., d/b/a EUREKA MARINE PRODUCTS,
Defendant.

CIVIL NO.: 06-1344 (FAB)

FINAL JUDGMENT I. INTRODUCTION
THIS CAUSE is before the Court on Plaintiff Equal Employment Opportunity Commission’s (“EEOC”) Motion For Entry of Default Judgment (DE 29). On March 31, 2006, EEOC filed a Complaint alleging that Defendant Eureka Marine Products Co. of Puerto Rico Inc. violated Section 4(a) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623(a) (“ADEA”) by discharging 70-year-old Artagnan Olivera, 75-year-old Jorge Martinez, and other similarly situated individuals over the age of 40 from their employment because of their ages (DE 1). On October 2, 2007, this Court entered default against the Defendant after the Defendant failed to comply with an August 14, 2007 Order and failed to respond to discovery requests propounded by EEOC (DE 2); see also (DE 9; 21).

CIVIL NO.: 06-1344 (FAB)

2

Having reviewed EEOC’s motion, attached declarations and

exhibits in the record, the Court finds as follows:

II. FINDINGS OF FACT

1. Artagnan Olivera was born on December 8, 1933. (A. Olivera Declaration ¶ 1)1

2. Mr. A. Olivera began working for Eureka Marine at its

Dorado facility on January 25, 1994 as a General Worker. (A.

Olivera Declaration ¶ 2)

3. Mr. A. Olivera’s main duties as a General Worker included

fishing shrimp and cleaning ponds. (A. Olivera Declaration ¶ 3)

4. Mr. A. Olivera continued in the position of General

Worker until his termination on February 2, 2004. (A. Olivera

Declaration ¶ 4)

5. On February 2, 2004, Francis Lin, Defendant’s General

Manager, told Mr. A. Olivera that Defendant was firing him because

its corporate office decided to terminate all employees over the

age of 60. (A. Olivera Declaration ¶ 5) At the time, Mr. A.

Olivera was 70 years old. (A. Olivera Declaration ¶ 6)

6. When Mr. A. Olivera protested his termination, Lin told

him that in order to continue working for Defendant, Mr. A. Olivera

needed to bring in a medical certificate attesting that he was not

sick. (A. Olivera Declaration ¶ 7)

1 Declarations of Artagnan Olivera, Jorge Martinez, Carlos Batista, Reinaldo Olivera, and Peter Taxier, are part of the record in this case. (DE 29 and attached Exhibits).

CIVIL NO.: 06-1344 (FAB)

3

7. On February 3, 2004, Mr. A. Olivera visited his

physician, Dr. Saturnino Ortiz-Maysonet, who evaluated him and gave

him a medical certificate stating that Mr. A. Olivera could perform

the essential functions of his job. (A. Olivera Declaration ¶ 8)

Mr. A. Olivera returned to work that day and gave Lin the medical

certificate. (A. Olivera Declaration ¶ 8)

8. Lin did not accept Mr. A. Olivera’s medical certificate.

Instead, Lin fired Mr. A. Olivera and gave him a termination letter

stating that Mr. A. Olivera was being fired because his work “had

not been satisfactory lately” due to an alleged “health reason.”

(A. Olivera Declaration ¶ 9)

9. Mr. A. Olivera did not suffer any serious medical

condition while working for Defendant and he was not reprimanded

for any performance issue. (A. Olivera Declaration ¶ 10) Mr. A.

Olivera was in good health when he was terminated. (A. Olivera

Declaration ¶ 11)

10. Mr. A. Olivera was distressed by Defendant’s

discriminatory practices. Mr. A. Olivera felt hurt, belittled and

disrespected. He was anxious about finding another job and about

not being able to support himself. (A. Olivera Declaration ¶ 12)

11. Mr. A. Olivera’s salary at Eureka Marine was

approximately $224.00 per week. (A. Olivera Declaration ¶ 14)

12. Jorge Martinez was born on April 30, 1930. (Martinez

Declaration ¶ 1)

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4

13. Mr. Martinez began working for Eureka Marine as a

Security Guard on August 28, 1998. (Martinez Declaration ¶ 2)

14. Mr. Martinez continued in the position of Security Guard

until his termination on February 3, 2004. (Martinez Declaration

¶ 3)

15. On February 3, 2004, Defendant’s General Manager Francis

Lin told Mr. Martinez that the corporate office decided to fire

him. Lin provided no other explanation, but gave Mr. Martinez a

termination letter stating that he was being fired because his work

“had not been satisfactory lately” due to an alleged “health

reason.” (Martinez Declaration ¶ 4)

16. Mr. Martinez did not suffer any serious medical condition

while working for Defendant and he was not reprimanded for any

performance issue. (Martinez Declaration ¶ 5)

17. Mr. Martinez was in good health when he was terminated.

(Martinez Declaration ¶ 6)

18. Mr. Martinez was 73 years old when Defendant fired him.

(Martinez Declaration ¶ 7)

19. Mr. Martinez was distressed by his termination.

Mr. Martinez felt hurt, belittled and disrespected. He also was

anxious about finding another job and about not being able to

support himself. (Martinez Declaration ¶ 8)

20. Mr. Martinez’s salary at Eureka Marine was approximately

$280.00 per week. (Martinez Declaration ¶ 10)

CIVIL NO.: 06-1344 (FAB)

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21. Reinaldo Olivera was born on March 9, 1944. (R. Olivera

Declaration ¶ 1)

22. Mr. R. Olivera began working for Eureka Marine at its

Dorado facility, on April 9, 2001 as a General Worker. (R. Olivera

Declaration ¶ 2)

23. Mr. R. Olivera’s main duties as a General Worker included

fishing shrimp and cleaning ponds. (R. Olivera Declaration ¶ 3)

24. Mr. R. Olivera continued in the position of General

Worker until his termination on February 3, 2004. (R. Olivera

Declaration ¶ 4)

25. On February 3, 2004, Defendant’s General Manager Francis

Lin, told Mr. R. Olivera that the Defendant was firing him because

its corporate office decided to terminate all employees over the

age of 60. (R. Olivera Declaration ¶ 5) Mr. R. Olivera was 59

years old on the date of his termination. (R. Olivera Declaration

¶ 6)

26. Mr. R. Olivera was in good health when he was terminated.

(R. Olivera Declaration ¶ 8)

27. Mr. R. Olivera was distressed by Defendant’s

discriminatory practices. Mr. R. Olivera felt hurt, belittled and

disrespected. He also was anxious about finding another job and

about not being able to support himself. (R. Olivera Declaration

¶ 9)

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6

28. Mr. R. Olivera’s salary at Eureka Marine was

approximately $210.00 per week. (R. Olivera Declaration ¶ 11)

29. Carlos Batista was born on October 14, 1940. (Batista

Declaration ¶ 1)

30. Mr. Batista began working for Eureka Marine as a General

Worker on January 10, 1994. (Batista Declaration ¶ 2)

31. Mr. Batista’s main duties as a General Worker included

fishing shrimp and cleaning ponds. (Batista Declaration ¶ 3)

32. Mr. Batista continued in the position of General Worker

until his termination on April 1, 2004. (Batista Declaration ¶ 4)

33. On April 1, 2004, Ahiezel Gonzalez, Defendant’s Manager,

told Mr. Batista that Defendant was firing him because its

corporate office decided to terminate all employees over the age

of 60. (Batista Declaration ¶ 5) Mr. Batista was 63 years old

when he was terminated. (Batista Declaration ¶ 6)

34. Mr. Batista did not suffer any serious medical condition

while working for Defendant and he was not reprimanded due to any

performance issue. (Batista Declaration ¶ 8)

35. Mr. Batista was in good health when he was terminated.

(Batista Declaration ¶ 9)

36. Mr. Batista was distressed by Defendant’s discriminatory

practices. Mr. Batista felt hurt, belittled and disrespected. He

also was anxious about finding another job and about not being able

to support himself. (Batista Declaration ¶ 10)

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37. Mr. Batista’s salary at Eureka Marine was approximately

$307.00 per week. (Batista Declaration ¶ 12)

III. CONCLUSIONS OF LAW

A. Jurisdiction

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 7(b) of the ADEA,

which incorporates by reference Section 16(c) and 17 of the Fair

Labor Standards Act of 1938 (the “FLSA”), as amended, 29 U.S.C. §

216(c) and 217.

2. At all relevant times, Defendant, Eureka Marine, has

continuously been a Puerto Rico corporation authorized to do

business in the Commonwealth of Puerto Rico and the City of Dorado,

Puerto Rico, and in the State of Florida and the City of Ft.

Lauderdale, Florida, and has continuously had at least 20

employees.

3. At all relevant times, Defendant, Eureka Marine,

has continuously been an employer engaged in an industry affecting

commerce within the meaning of Sections 11(b), (g) and (h) of the

ADEA, 29 U.S.C.§§ 630(b), (g) and (h).

B. Backpay

1. Eureka Marine unlawfully terminated Mr. A. Olivera

because of his age, 70, in violation of Section 4(a) of the Age

CIVIL NO.: 06-1344 (FAB)

8

Discrimination in Employment Act of 1967, as amended 29 U.S.C. §

623(a) (the “ADEA”).

2. Eureka Marine unlawfully terminated Mr. Martinez

because of his age, 73, in violation of Section 4(a) of the ADEA,

29 U.S.C. § 623(a).

3. Eureka Marine unlawfully terminated Mr. R. Olivera

because of his age, 59, in violation of Section 4(a) of the ADEA,

29 U.S.C. § 623(a).

4. Eureka Marine unlawfully terminated Mr. Batista

because of his age, 63, in violation of Section 4(a) of the ADEA,

29 U.S.C. § 623(a).

5. Under the ADEA, plaintiffs are entitled to backpay

awards for violation of the ADEA in the amount of lost wages.

Section 7(b) of the ADEA, which incorporates by reference Section

16(c) and 17 of the FLSA, as amended 29 U.S.C.§§ 216(c) and 217.

6. Prejudgment interest on backpay is assessed at the

IRS prime rate, compounded quarterly for the period of backpay

liability. EEOC v. Guardian Pools, Inc., 828 F.23d 1507 (11th Cir.

1987).

7. Mr. A. Olivera is owed $47,403.97 in back-pay and

interest. (Taxier Declaration ¶ 6; Exhibit 1)

8. Mr. Martinez is owed $59,254.97 in back-pay and

interest. (Taxier Declaration ¶ 7; Exhibit 2)

CIVIL NO.: 06-1344 (FAB)

9

9. Mr. R. Olivera is owed $44,441.23 in back-pay and

interest. (Taxier Declaration ¶ 8; Exhibit 3)

10. Mr. Batista is owed $61,822.02 in back-pay and

interest. (Taxier Declaration ¶ 9; Exhibit 4)

C. Liquidated Damages

1. The unlawful practices discussed above in relation

to Mr. A. Olivera were willful. Pursuant to Section 7(b) of the

ADEA, 29 U.S.C. § 626(b), Mr. A. Olivera is entitled to liquidated

damages in the amount of $41,216.00. Mr. A. Olivera’s total

damages are $88,619.97.

2. The unlawful practices discussed above in relation

to Mr. Martinez were willful. Pursuant to Section 7(b) of the

ADEA, 29 U.S.C. § 626(b), Mr. Martinez is entitled to liquidated

damages in the amount of $51,520.00. Mr. Martinez’s total damages

are $110,774.97.

3. The unlawful practices discussed above in relation

to Mr. R. Olivera were willful. Pursuant to Section 7(b) of the

ADEA, 29 U.S.C. § 626(b), Mr. R. Olivera is entitled to liquidated

damages in the amount of $38,640.00. Mr. R. Olivera’s total

damages are $83,081.23.

4. The unlawful practices discussed above in relation

to Mr. Batista were willful. Pursuant to Section 7(b) of the ADEA,

29 U.S.C. § 626(b), Mr. Batista is entitled to liquidated damages

CIVIL NO.: 06-1344 (FAB)

10

in the amount of $54,032.00. Mr. Batista’s total damages are

$115,854.02.

5. Liquidated damages are available in cases of willful

violations of the ADEA. 29 U.S.C. § 626(c). A violation of the

ADEA is willful “if the employer either knew or showed reckless

disregard for the matter of whether its conduct was prohibited by

the ADEA.” Trans World Airlines, Inc. v. Thurston, 469 U.S. 111,

128 (1985). See also, Powers v. Grinnel Corp., 915 F.2d 34, 40

(1st Cir. 1990).

6. Once a willful violation of ADEA has been found, a

court is authorized to award liquidated damages in an amount equal

to the back pay award. Linn v. Newton, 847 F.2d 1 (1st Cir. 1989).

7. In this case, Defendant showed reckless disregard

for claimants’ legally protected rights under the ADEA. Defendant

admitted to claimants that it fired them because of age. (A.

Olivera Declaration ¶ 5; Martinez Declaration ¶¶ 407; R. Olivera

Declaration ¶ 5; Batista Declaration ¶5).

8. The effect of Defendant’s unlawful employment

practices described above has been to deprive Mr. A. Olivera,

Mr. Martinez and other similarly situated individuals over 40 years

of age, including Mr. R. Olivera and Mr. Batista (together the

“Claimants”), of equal employment opportunities because of age.

CIVIL NO.: 06-1344 (FAB)

11

9. The unlawful employment practices described above

were willful within the meaning of Section 7(b) of the ADEA, 29

U.S.C. § 626(b).

10. Therefore liquidated damages will be awarded in the

amount of $185,408.00.

D. Injunctive Relief

1. Under the ADEA, courts have the jurisdiction to

grant equitable relief, as appropriate, to effectuate the purposes

of the ADEA. 29 U.S.C. § 626(b). See also Nowd v. Rubin 76 F.3d

25, 26 (1st Cir. 1996).

2. In this case, based on the findings in the record,

the Court imposes an injunction requiring Eureka Marine from

discriminating because of age or retaliating against anyone who

engages in protected activity under ADEA.

IV. CONCLUSION

The claimants should be made whole and are entitled to the

full amount of back-pay calculated by EEOC. Each claimant is also

entitled to liquidated damages in an amount equal to the back-pay

award. The evidence has established that Defendant willfully

violated the ADEA when it acted with reckless disregard for the

claimants’ legally protected rights. Finally, EEOC is entitled to

injunctive relief in this case to ensure Defendant’s future

compliance with the ADEA.

It is therefore, ORDERED AND ADJUDGED that:

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12

1. Judgment be entered in favor of Plaintiff Equal

Employment Opportunity Commission and against Defendant Eureka

Marine Products Co. of Puerto Rico, Inc., d/b/a Eureka Marine

Products in the amount of three hundred ninety eight thousand,

three hundred thirty dollars and nineteen cents ($398,330.19) in

back-pay and liquidated damages on behalf of Messrs. Artagnan

Olivera, Jorge Martinez, Reinaldo Olivera and Carlos Batista.

2. An injunction is hereby ENTERED requiring Defendant

Eureka Marine Products Co. of Puerto Rico, Inc., d/b/a Eureka

Marine Products to refrain from discriminating on the basis of age

or retaliating against anyone who engages in protected activity

under ADEA.

IT IS SO ORDERED.

San Juan, Puerto Rico, April 30, 2008.

s/ Francisco A. Besosa FRANCISCO A. BESOSA UNITED STATES DISTRICT JUDGE

 
 CLOSED, CLOSEDFILE
United States District Court District of Puerto Rico (San Juan) CIVIL DOCKET FOR CASE #: 3:06−cv−01344−FAB

United States Equal Employment Opportunity Commission v. Eureka Marine Products Co. of Puerto Rico, Inc. Assigned to: Judge Francisco A. Besosa Cause: 28:451 Employment Discrimination
Plaintiff

Date Filed: 03/31/2006 Date Terminated: 04/30/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

United States Equal Employment Opportunity Commission

represented by Jessica Liliana Jimenez U. S. Equal Employment Opportunity Commission One Biscayne Tower 2 South Biscayne Blvd. Suite 2700 Miami, FL 33131 305−808−1783 Fax: 305−808−1835 Email: jessica.jimenez@eeoc.gov TERMINATED: 12/11/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maritza I. Gomez−Fernandez Goldman, Antonetti &Cordova, P.S.C. P.O. Box 70364 San Juan, PR 70364 787−759−4231 Fax: 787−474−2340 Email: maritza.gomez@gaclaw.com TERMINATED: 11/27/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nora E. Curtin U.S. Equal Employment Opportunity Comm. Miami District Office One Biscayne Tower 2 South Biscayne Boulevard Suite 2700 Miami, FL 33131 305−808−1789 Fax: 305−808−1835 Email: nora.curtin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Eureka Marine Products Co. of Puerto Rico, Inc. doing business as Eureka Marine Products

represented by Juan M. Casellas−Rodriguez McConnell Valdes P.O. Box 364225 San Juan, PR 00936−4225 787−625−6535 Fax: 787−625−6530 Email: jmc@npclawyers.com TERMINATED: 11/01/2007 LEAD ATTORNEY

Date Filed 03/31/2006 03/31/2006 04/13/2006 06/13/2006 06/21/2006 06/23/2006 07/13/2006
07/26/2006 10/03/2006
10/04/2006

ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against Eureka Marine Products Co. of Puerto Rico, Inc. (Filing fee $ 250.), filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3)(Gomez−Fernandez, Maritza) Modified on 4/4/2006 to correct party against whom was filed the complaint. (Entered: 04/03/2006)

2 Summons Issued as to Eureka Marine Products Co. of Puerto Rico, Inc.Service due by 7/31/2006. (ft, ) (Entered: 04/04/2006)

3 NOTICE NOTICE TO CORRECT RECORD INFORMATION by United States Equal Employment Opportunity Commission (Gomez−Fernandez, Maritza) (Entered: 04/13/2006)

4 MOTION for Extension of Time until June 23, 2006 to File Answer re: 1 Complaint, filed by United States Equal Employment Opportunity Commission, filed byJuan M. Casellas−Rodriguez on behalf of Eureka Marine Products Co. of Puerto Rico, Inc. Suggestions in opposition/response due by 6/26/2006 (Related document(s) 1 ) (Casellas−Rodriguez, Juan) (Entered: 06/13/2006)

5 ORDER granting 4 Motion for Extension of Time to Answer re 1 Complaint, filed by United States Equal Employment Opportunity Commission. Answer deadline due by 6/23/2006.. Signed by Judge Jose A Fuste on 6/21/06. (ft, ) (Entered: 06/21/2006)

6 ***STRICKEN FROM THE RECORD, SEE 23 *** ANSWER to Complaint filed by Juan M. Casellas−Rodriguez on behalf of Defendant Eureka Marine Products Co. of Puerto Rico, Inc..(Casellas−Rodriguez, Juan) Modified on 10/17/2007 (jms). (Entered: 06/23/2006)

7 SCHEDULING ORDER/CASE MANAGEMENT ORDER:
Pretrial Conference set for 2/15/2007 01:30 PM before Chief Judge Jose A Fuste. Amended Pleadings and Joinder of Parties due by 8/4/2006. Discovery due by 11/14/2006. Dispositive Motions due by 12/14/2006. Proposed Pretrial Order due by 2/13/2007. . Signed by
Judge Jose A Fuste on 7/13/2006. (be, ) Modified on 10/3/2006 to correct date of PTC(ft, ). (Entered: 07/14/2006)

8 REPORT Report of Parties' Planning Meeting by United States Equal Employment Opportunity Commission, Eureka Marine Products Co. of Puerto Rico, Inc.. (Gomez−Fernandez, Maritza) (Entered: 07/26/2006)

9 ORDER noting 8 Joint Report filed by the parties. The court approves and incorporates the plan to the record. The Scheduling Order is set aside and new deadlines and settings are as follows:
Discovery deadline: August 31, 2007; Joining of additional parties' deadline: October 31, 2006; Amendment of pleadings' deadline: December 14, 2006; Dispositive motion deadline: September 30, 2007, oppositions due 30 days after filing; Pretrial Conference reset for December 7, 2007, at 1:30 PM, Proposed Pretrial Order to be filed by December 5, 2007 . Signed by Judge Jose A Fuste on 10/3/06. (mrj, ) (Entered:
10/03/2006)

10 MEMORANDUM OF THE CLERK: This case is being transferred to newly appointed Article III Judge Francisco A. Besosa to form

11/27/2006 12/12/2006 06/18/2007 06/22/2007 06/22/2007 06/22/2007 06/25/2007 07/02/2007 08/14/2007
08/17/2007 08/30/2007

part of his case load. All future pleadings shall bear the following initials next to the case number: CIVIL CASE NO. 06−1344 (FAB). Signed by Clerk on 10/04/06. (li,) (Entered: 10/04/2006)
11 NOTICE of Withdrawal of Counsel by United States Equal Employment Opportunity Commission (Gomez−Fernandez, Maritza) (Entered: 11/27/2006)
12 Minute Entry for proceedings held before Judge Francisco A. Besosa
: Pretrial Conference set for 12/7/2007 at 1:30 pm is hereby ADVANCED for 09:00 AM before Judge Francisco A. Besosa. (grf) (Entered: 12/12/2006)
13 ORDER TO SHOW CAUSE. Plaintiff shall show cause on or before June 22, 2007 at 5:00 p.m. why this case should not be dismissed for lack of prosecution pursuant to Fed.R.Civ.P. 41(b). Signed by Judge Francisco
A. Besosa on 06/18/07. (brc) (Entered: 06/18/2007)
14 NOTICE of Appearance Jessica L. Jimenez by Lauren Gayle Dreilinger on behalf of United States Equal Employment Opportunity Commission (Dreilinger, Lauren) (Entered: 06/22/2007)
15 RESPONSE TO ORDER TO SHOW CAUSE filed by United States Equal Employment Opportunity Commission, United States Equal Employment Opportunity Commission Re: 13 Order to Show Cause, (Attachments: # 1 Declaration of Jessica L. Jimenez# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Dreilinger, Lauren) (Entered: 06/22/2007)
16 ORDER re 14 Notice of Appearance filed by United States Equal Employment Opportunity Commission: NOTED and GRANTED. Signed by Judge Francisco A. Besosa on 06/22/07. (brc) (Entered: 06/22/2007)
17 ORDER re 15 Response to Order to Show Cause: NOTED. The EEOC may, if it deems it appropriate, file a motion to compel the defendant to respond to the written discovery which remains outstanding. Signed by Judge Francisco A. Besosa on 06/25/07. (brc) (Entered: 06/25/2007)
18 MOTION to Compel Production of Documents and Responses to Interrogatories filed byLauren Gayle Dreilinger on behalf of United States Equal Employment Opportunity Commission Suggestions in opposition/response due by 7/16/2007 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Dreilinger, Lauren) (Entered: 07/02/2007)
19 ORDER re 18 Motion to Compel: GRANTED as requested.
Defendant shall answer the interrogatories and produce the documents requested by plaintiff no later than 8/21/2007 at 5:00 p.m. Failure to comply will result in
the imposition of sanctions on defendant, its attorney, or both, to include the entry of default against the defendant or monetary sanctions on the defendant, its counsel or both. The Court will accept no excuses for non−compliance with its orders. Signed by Judge Francisco A. Besosa on 08/14/07. (brc) (Entered: 08/14/2007)
20 MOTION to Withdraw Attorney as to Juan M. Casellas−Rodriguez filed byJuan M. Casellas−Rodriguez on behalf of Eureka Marine Products Co. of Puerto Rico, Inc. (Casellas−Rodriguez, Juan) (Entered: 08/17/2007)
21 MOTION to strike defendant's answer and affirmative defenses and for Entry of Default Judgment as to Eureka Marine Products Co. of Puerto Rico, Inc. filed by Jessica Liliana Jimenez on behalf of

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12/07/2007
12/07/2007

United States Equal Employment Opportunity Commission Suggestions in opposition/response due by 9/12/2007 (Jimenez, Jessica) Modified on 9/4/2007 to add docket text. (ni, ). (Entered: 08/30/2007)
22 ORDER denying 20 Motion to Withdraw as Attorney. Signed by Judge Francisco A. Besosa on 08/31/07. (brc) (Entered: 08/31/2007)
23 ORDER granting 21 Motion for Default Judgment. Defendant's answers and affirmative defenses are stricken. Default is entered
against the defendant. Plaintiff USEEOC will move to enter default judgment no later than 10/16/2007.
Signed by Judge Francisco A. Besosa on 10/02/07. (brc) (Entered: 10/02/2007)
24 MOTION for Default Entry as to Eureka Marine Products Co. of Puerto Rico, Inc. filed byJessica Liliana Jimenez on behalf of United States Equal Employment Opportunity CommissionSuggestions in opposition/response due by 11/1/2007 (Jimenez, Jessica) (Entered: 10/16/2007)
25 Second MOTION to Withdraw Attorney as to Juan M. Casellas−Rodriguez filed byJuan M. Casellas−Rodriguez on behalf of Eureka Marine Products Co. of Puerto Rico, Inc. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3)(Casellas−Rodriguez, Juan) (Entered: 10/31/2007)
26 ORDER re 24 Motion for Entry of Default : DENIED WITHOUT PREJUDICE. Attorney to refile in compliance with Fed. Civ. R. 55. Signed by Judge Francisco A. Besosa on 11/1/2007. (grf) (Entered: 11/01/2007)
27 ORDER re 25 Motion to Withdraw as Attorney: GRANTED. Juan M. Casellas−Rodriguez and the Nolla, Palou &Casellas, LLC law firm are allowed leave to withdraw as counsel for defendant Eureka Marine Products Co. of Puerto Rico. The Clerk will notify defendant of this order to defendant's last known address. Signed by Judge Francisco A. Besosa on 11/1/2007. (grf) (Entered: 11/01/2007)
28 ***STRICKEN AS PER ORDER AT DKT #31*** MOTION for Default Entry as to Eureka Marine Products Co. of Puerto Rico, Inc. filed byJessica Liliana Jimenez on behalf of United States Equal Employment Opportunity CommissionSuggestions in opposition/response due by 12/24/2007 (Attachments: # 1 Exhibit Declaration of Artagnan Olivera# 2 Exhibit Declaration of Jorge Martinez# 3 Exhibit Declaration of Reinaldo Olivera# 4 Exhibit Declaration of Carlos Batista# 5 Exhibit Declaration of Peter Taxier)(Jimenez, Jessica) Modified on 12/11/2007 (ov). (Entered: 12/07/2007)
29 MOTION for Default Entry as to Eureka Marine Products Co. of Puerto Rico, Inc. filed byJessica Liliana Jimenez on behalf of United States Equal Employment Opportunity CommissionSuggestions in opposition/response due by 12/24/2007 (Attachments: # 1 Exhibit Declaration of Artagnan Olivera# 2 Exhibit Declaration of Jorge Martinez# 3 Exhibit Declaration of Reinaldo Olivera# 4 Exhibit Declaration of Carlos Batista# 5 Exhibit Declaration of Peter Taxier)(Jimenez, Jessica) (Entered: 12/07/2007)
30 MOTION to Strike Re: 28 MOTION for Default Entry as to Eureka Marine Products Co. of Puerto Rico, Inc. filed by United States Equal Employment Opportunity Commission filed byJessica Liliana Jimenez on behalf of United States Equal Employment Opportunity CommissionSuggestions in opposition/response due by 12/24/2007 (Related document(s) 28 ) (Jimenez, Jessica) (Entered: 12/07/2007)

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31 ORDER granting 30 Motion to Strike. Docket No. 28 is stricken from the record. Signed by Judge Francisco A. Besosa on 12/10/07. (brc) (Entered: 12/10/2007)
32 NOTICE of Withdrawal by United States Equal Employment Opportunity Commission (Jimenez, Jessica) (Entered: 12/11/2007)
33 ORDER re 32 Notice of Withdrawal of Counsel: NOTED. Signed by Judge Francisco A. Besosa on 12/11/07. (brc) (Entered: 12/11/2007)
34 Mail Returned as Undeliverable. Mail sent to Eureka Marine Products Co. of Puerto Rico, Inc. (jms) (Entered: 01/31/2008)
35 JUDGMENT in favor of Plaintiff against Defendant in the amount of $398,330.19, etc as stated herein ( Signed by Judge Francisco A. Besosa on 4/30/08.)(jms) (Entered: 04/30/2008)