IN THE UNITED STATES DISTRICT COURT

,,%,

FOR THESOUTHERN DISTRICT OF FL,~ 8 0 -~-

FT. LA UDERDA]~ I~’VIilO

UNITED STATES EQUAL EMPL~)~t~ENTI ~0~ ...~

:~ ’--.,

OPPORTUNITY COMMISSION, w~ ~ "]|L
Plaintiff,
V.

4 IVIL ACTION NO.
)
COMPLAINT JURY TRIAL DEMAND

"~< " ’-

PH FITNESS, INC., a/k/a PBH FITTESS, LLC, and JRRCC, INC., d/b/a FITNESS FIRST

INJUNCTIVE RELIEF REQUESTED

Defendants.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, female and pregnancy, and to provide appropriate relief due to Dawn Grungo who was adversely affected by such practices. As stated with greater particularity in the paragraphs below, the United States Equal Employment Opportunity Commission (hereinafter the "EEOC" or "Commission") alleges that lOetendants terminated Ms. Grungo because of her sex, female, and her pregnancy.

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. {}{}451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. {}2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 198 la.
1

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Florida, Ft. Lauderdale 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, Defendants PH Fitness, Inc., a/k/a PBH Fitness, LLC and JRRCC, Inc. d/b/a Fitness First ("Defendants"), fitness facility companies, have continuously been foreign corporations, doing business in the State of Florida and the Cities of Deerfield Beach and Plantation, and has continuously had at least 15 employees. 5. At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Dawn Grungo filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least July 2004, Defendants have engaged in unlawful employment practices at, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a).
a. Dawn Grungo began working for Defendants in or about June 2002 at the Fitness First Deerfield Beach facility as a front desk clerk.

bo

In or about December 2003, Defendants announced that Dawn Grungo would

be promoted to manager of the new Fitness First Plantation facility.

Co

Ms. Grungo was informed that she would transfer to the Fitness First

Plantation facility in or about August 2004.

In or about June/July 2004 Dawn Grungo informed her supervisor that she

believed she was pregnant.

e°

On or about July 13, 2004, Dawn Grtmgo informed her supervisor that she

was indeed pregnant.

On or about July 15, 2004, Defendants terminated Dawn Grungo.

8. The effect of the unlawful employment practices complained of above has been to deprive Dawn Grungo of equal employment opportunities, and otherwise adversely affect her status as an employee because of her sex.
9. The unlawful employment practices complained of above were intentional. 10. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Dawn Grungo.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in sex and pregnancy discrimination in employment practices at their facilities. B. Order Defendants to institute and carry out policies, practices, and programs which

provide equal employment opportunities for women which eradicate the effects of their past and present unlawful employment practices.
C. Order Defendants to make whole Dawn Grungo 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, rightful-place hiring, and front pay.
D. Order Defendants to make whole Dawn Grungo by providing compensation for past and future pecuniary losses resulting from the employment practices described in paragraphs seven through eleven above, including but not limited to, out-of-pocket losses, medical expenses and job search expenses, in amounts to be determined at trial.
E. Order Defendants to make whole Dawn Grungo by providing compensation for past and future nonpecuniary losses resulting from the employment practices described in paragraphs seven through ten above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay punitive damages for their malicious and reckless conduct described in paragraphs seven through ten above, in an amount 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.
Respectfully Submitted,
4

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
Lauren G. Dreilinger Trial Attorney New York Bar No. 750288890 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 2 South Biscayne Boulevard, Suite 2700 Miami, Florida 33131 Tel. (305) 530-6452 Fax (305) 536-4494 lauren.dreilinger@eeoc.gov

~RSe4v! 12/96/

C~V~L COVER SHEE# 5 ira= 6 1 5 8 0

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required

by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required fc, r the use

of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

r D~ENDANTS

MAG~.~’I~ ~.~

Ccnmission

(b) COUN~ OF RESIDENCE OF FIRST LISTED PLAINTIFF

COUNTY OF RES(DENCE OF FIRST LISTED

(EXCEPT iN U.S. PLAINTIFF CASES)

(IN U.S. PLAHNTIF~A~ SESONLY)

NOTE: IN LAND CONDEMNATI(~J~’;CA.SE~ff~J~SE "~}~_ LO~.~T~N OF THE
!i’. TRACT OF LAND INVOukV~ED. (c) ATTORNEYS {F,RM AME AODRESS, ANADOTREN.EEPYHSO(N,FE .NOUWMNB, ER)

U.S. EEOC, One Biscayne Tower

2 S. Biscavne Blvd. Suite 2700 Miami, FL 33131 Tei:(305)530-6012

;,c.

(d) CIRCLE COUNTY WHERE ACTION AROSE: DADE, MONROE,

OWAR
__

PA--L.M...BEACH MARTIN ST. LUCIE INDIAN RIVER ~ ~CHO~LANDS

II. BASIS OF JURISDICTION

/P~CE AN ’x IN ONE BOX ONLY} III. CITIZENSHIP OF PRINCIPAL PAl~tl~7~cr-~ "x i~ ONE BOX FO~ PLAINTIFF

(For Diversity Cases Only)

~ " ?’AND ONE BOX FOR DEFENDANT)

PTF DEF

PTF DEF

~ 1 U.S. Government Plaintiff

[] 3 Federal Question

I

(U.S. Government Not a Party)

Citizen of This State

D t [] f Incorporated or Principal Place [] of Business In This State

[] 2 U.S. Government Defendant

[] 4 Diversity (Indicate Citizenship of Parties

Citizen of Another State El z

~jld(~, 0; (~:~C~v IV, ORIGIN

" t

~:l ~ Original

[] ~ Removed from

Proceeding

State Court

I-~r’~o] ~,~’) (~T citizenForeignOr CountrySUbject of a []3

’J | (PLACE AN "X" IN ONE BOX ONLY)

Transferred from

[] 3 Remanded from [] 4 Reinstated or

Appellate Court

Reopened

[] s another district (specify)

Incorporated and Principal Place of Business In Another State
Foreign Nation

[] s Multidistrict Litigation

Appeal to Distr~t Judge from [] 7JMuadggismtment~t

V. NATURE OF SUIT (PLACE AN "X" /N ONE BOX ONLY)

A CONTRACT

A TORTS

FORFEITURE/PENALTY A BANKRUPTCY A OTHER STATUTES

[] 110 Insurance

PERSONAL INJURY

PERSONAL INJURY

B[] 610 Agriculture

[] 422 Appeal 28 USC 158 [] 400 State Reapportlor~nent

[] 120 Marine

[] 310 Airplane

[] 362 Personal Inlury -

B[] 620 Other Food & Drug

[] 410 Antitrust

[] 130 Miller Act [] 140 Negotiable Instrument

[] 315 Airplane Product Liability

Med Malpractice [~} 365 Personal Injury -

BE] 625 Drug Related Seizure [] 423 Withdrawal

of Propeay 21 USC 881

28 USC 157

[] 430 Banks and Bar~ing BD 450 Commerce/ICC R=es/etc

[] 150 Recovery of Overpayment [] 320 Assault. Libel &

& Enforcement of Judgment

Slander

[] 15"~ Medicare Act BI~, 152 Recovery of Defaulted

[] 330 Federal Employers Liability

Student Loans ,Excl Veterans)

[] 340 Marine [] 345 Marine Product

Product Liability

B[] 630 Liquor Laws

[] 368 Asbestos Personal B[] 64~ R.R. & Truck Iniury Product Liability B[] 650 Airline Regs

PERSONAL PROPERTY

8[] 660 Occupational Safety/Health

[] 370 Other Fraud

B[] 690 O113er

A PROPERTY RIGHTS
[] 820 Copyrights [] 830 Patent [] 840 Trademark

[] 460 Depo~latlon
[] 470 Racketeer Influence~3 and Corrupt Organizations
[] 810 Selective Service [] ~$0 Securities/Commodities/
ExchanGe

B [] 153 ~ecovery of Overpayrnent

LiaDihty

of Veteran s Benefits

[] 350 Motor Vehicle

[] 371 Truth in Ler~dipg [] 380 Other Personal

A LABOR

[] ~75 Customer Challenge

B SOCIAL SECURITY

12 USO 3410

I~ 160 Stockholders Suds

[] 355 Motor Vehicle

Properly Damage

[] ~91 Agricultural Acts

[] 1~0 01he~ Contract ,~, 195 Conl~act Product L~abflity
A REAL PROPERTY
[] 210 Land CondemnaliO~ 8~ 220 Forectosure
T] 2:10 Rent Lease & Ejecrment r_] 240 Torts to Land [] 245 Tort Produc[ Liability [] 2~0 All Other Real Proper~y

[] 360 Other Personal Inlury

Product Liability

E] 862 Black Lung (923)

[] 893 Environmental Matters

A CIVIL RIGHTS
~ 441 Volmg 442 Employmenl [] 443 Housing/
Accommodations [] 444 Welfare [] 440 Other C~wl Rights

t I E] 720 Labor’Mgmt Relations [] 863 DIWC/DIV~N (405(gb

!PRISONER

PETITIONS(
,

E]

730

Labor/Mgmt

Reporlinig

[]
, []

a8s645sRsS,DI tT4,0,,5e(gXi1Vl

[] []

894 Energy Allocation Act 895 Freedom of

Sentence HABEAS CORPUS:

740 Railway Labor Acl

[] ~00 Appeal o1 Fee Determination

FEDERAL TAX SUITS

Under Equal Access to Juslice

8E3 530 General

[] 950 Constitutionality of

A[] 535 Death Penalty

790 Other Labor Litigation A[] 870 Taxes (U S Plaintiff

State Statutes

B [] 540 Mandamus & Other 8l-3 550 Civil Rights
555 Prison Condition

791 Empl. Ret Inc Security Act

or Defendant)
Ar-] 871 IRS - Third Parly 26 USC 7609

E] 890 Ott’~r Statutory Actions

Vl. CAUSE OF ACTION

a,ctiQn" ~L~.d.er (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND ~/RITE BRIEF STATEMj~NT OF CAUSe. ~. _~-~S . ~Ls c~.

-

-

DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSI~) Title ~I of t~ Clv~l ~ts AC~ o~, l~ ~Q .

Title I of t~ Civil ~ghts ~t of 1991, to ~t ~ul ~zo~n~ ~accices on ~ ~sis oz

~o~le ~d p~ancy, ~d to pr~i~ a~priate ~lief to ~ ~go who ~s ~ve~ely via_~days estimated (for both sides to t~ entire ~e)affected ~ such practi~s.

VII, REQUESTED IN CHECK IF THIS IS A CLASS ACTIONDEMAND $

COMPLAINT:

~ UNDER F.R.C.P 23

CHECK YES only if demanded in complaint:

JURY DEMAND: ~¥ES

[] NO

VIII, RELATED CASE(S) (See instructions):

IF ANY

JUDGE

DATE

SIGNATURE OF ATTORNEY OF RECORD

DOCKET NUMBER

FOR OFFICE USE ONLY RECEIPT ~’

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

 
 Case 0:05-cv-61580-CMA Document 4 Entered on FLSD Docket 12/14/2005 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORID A
FT. LAUDERDALE DIVISIO N

NIGHT BOX PILI D
DEC 13 2005

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ,

URENCE MADDOX o W0/sOP/MU4

Plaintiff,

05-CV-61580-Altonga/Turnoff

AMENDED COMPLAINT

V.

JURY TRIAL DEMAND

PH FITNESS, INC . d/b/a FITNESS FIRST and PBH FITTESS, LLC, d/b/a FITNESS FIRST

INJUNCTIVE RELIEF REQUESTE D

Defendants .

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, female and pregnancy, and to provide appropriate relief due to Dawn Grungo who was adversely affected by such practices . As stated with greater particularity in the paragraphs below, the United States Equal Employment Opportunity Commission (hereinafter the "EEOC" or "Commission") alleges that Defendants discriminated against Ms . Grungo because of her sex, female, and her pregnancy .

JURISDICTION AND VENU E 1 . Jurisdiction of this Court is invoked pursuant to 28 U .S.C. §§ 451, 1331, 1337, 1343 and 1345 . This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended , 42 U .S .C. §2000e-5(f)(1) and (3) ("Titl e
1

Case 0:05-cv-61580-CMA Document 4 Entered on FLSD Docket 12/14/2005 Page 2 of 5
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 Southern District of Florida, Ft . Lauderdale Division .
PARTIES 3 . Plaintiff, the EEOC, is the agency of the United States of America charged wit h 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. §2000e-5(f)(1) and (3) . 4. At all relevant times, Defendants PH Fitness, Inc ., d/b/a Fitness First and PBH Fitness, LLC d/b/a Fitness First ("Defendants"), fitness facility companies, have continuously been foreign corporations, doing business in the State of Florida and the Cities of Deerfield Beach and Plantation, and have continuously had at least 15 employees . 5. At all relevant times, Defendants have continuously been employers 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 CLAIM S 6. More than thirty days prior to the institution of this lawsuit, Dawn Grungo filed a charge with the Commission alleging violations of Title VII by Defendants . All conditions precedent to the institution of this lawsuit have been fulfilled . 7. Since at least July 2004, Defendants have engaged in unlawful employment practices at, in violation of Section 703(a)(1) of Title VII, 42 U .S .C . § 2000e-2(a) .
e . Dawn Grungo began working for Defendants in or about June 2002 at the Fitness First Deerfield Beach facility as a front desk clerk .
f. In or about December 2003, Defendants announced that Dawn Grung o
2

Case 0:05-cv-61580-CMA Document 4 Entered on FLSD Docket 12/14/2005 Page 3 of 5
would be promoted to manager of the new Fitness First Plantation facility . g. Ms. Grungo was informed that she would transfer to the Fitness Firs t
Plantation facility in or about August 2004 . h. In or about June/July 2004 Dawn Grungo informed her supervisor that she
believed she was pregnant . i . On or about July 13, 2004, Dawn Grungo informed her supervisor that she
was indeed pregnant . j . On or about July 15, 2004, Dawn Grungo was terminated . 8. The effect of the unlawful employment practices complained of above has been to deprive Dawn Grungo of equal employment opportunities, and otherwise adversely affect her status as an employee because of her sex . 9. The unlawful employment practices complained of above were intentional . 10. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Dawn Grungo .
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court : A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in sex and pregnancy discrimination in employment practices at their facilities . B . Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women which eradicate the effects of their past and present unlawful employment practices . C . Order Defendants to make whole Dawn Grungo 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, rightful-place hiring, and front pay .
3

Case 0:05-cv-61580-CMA Document 4 Entered on FLSD Docket 12/14/2005 Page 4 of 5
D. Order Defendants to make whole Dawn Grungo by providing compensation for past and future pecuniary losses resulting from the employment practices described in paragraphs seven through eleven above , including but not limited to, out-of-pocket losses, medical expenses and job search expenses , in amounts to be determined at trial .
E. Order Defend ants to make whole Dawn Grungo by providing compensation for past and future nonpecuniary losses resulting from the employment practices described in paragraphs seven through ten above , including but not limited to , emotional pain, suffering, inconvenience , loss of enjoyment of life, an d humiliation , in amounts to be determined at trial .
F . Order Defend ants to pay punitive damages for their malicious and reckless conduct described in paragraphs seven through ten above , in an amount to be determined at trial .
G . Grant such further relief as the Cou rt deems necessary and proper in the public interest .
H. Award the Commission its costs of this action . JURY TRIAL DEMAN D
The Commission requests a ju ry trial on all questions of fact raised by its complaint .
Respectfully Submitted ,
JAMES L . LEE Deputy General Counse l GWENDOLYN YOUNG REAMS Associate General Counse l DELNER FRANKLIN-THOMAS Regional Attorney
4

Case 0:05-cv-61580-CMA Document 4 Entered on FLSD Docket 12/14/2005 Page 5 of 5 Lauren G . Dreilinger Trial Attorney New York Bar No . 750288890 EQUAL EMPLOYMENT OPPORTUNITY COMMISSIO N 2 South Biscayne Boulevard , Suite 2700 Miami, Florida 3313 1 Tel. (305) 530-6452 Fax (305) 536-4494 lauren .dreilinger@eeoc .gov
5

 
 Case 0:05-cv-61580-CMA Document 12 Entered on FLSD Docket 02/02/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
FT. LAUDERDALE DIVISION
CASE NO: 05-CV-61580-ALTONGA/TURNOFF

Feb 2 2006

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

PH FITNESS, INC. d/b/a FITNESS FIRST and )

PBH FITNESS, LLC d/b/a FITNESS FIRST

)

)

Defendants,

)

)

)

DAWN GRUNGO,

)

)

Intervening Plaintiff,

)

)

v.

)

)

PH FITNESS, INC., d/b/a FITNESS FIRST

)

and PBH FITNESS, LLC, d/b/a FITNESS FIRST )

)

Defendants-in-Intervention,

)

)

/

INTERVENER'S COMPLAINT

Plaintiff, DAWN GRUNGO, files her Intervener's Complaint against Defendants, PH

FITNESS, INC. d/b/a FITNESS FIRST and PBH FITNESS, LLC d/b/a FITNESS FIRST

(collectively "FITNESS FIRST"), pursuant to Fla. Stat. § 760.10, Title VII of the Civil Rights

Act of 1964 (42 U.S.C. § 2000e), and Title I of the Civil Rights Act of 1991 (42 U.S.C. § 1981a).

In support of her claims, Ms. Grungo asserts as follows:

1 of 5

12/nt

Case 0:05-cv-61580-CMA Document 12 Entered on FLSD Docket 02/02/2006 Page 2 of 5
JURISDICTION, VENUE AND PARTIES 1) The jurisdiction of this Court is properly invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1343 and 28 U.S.C. § 1367 based upon the claims asserted by Ms. Grungo. 2) The employment practices giving rise to these causes of action occurred in Broward County, Florida, within the jurisdiction of the Southern District of Florida, Ft. Lauderdale Division. 3) At the time the complained of employment practices occurred, Ms. Grungo was working in Broward County, Florida for the Defendants. 4) At all relevant times, both Fitness First Defendants were foreign corporations doing business in the State of Florida and the cities of Deerfield Beach and Plantation, and have continuously employed fifteen (15) or more employees.
STATEMENT OF FACTS 5) From June 2002 through June 2004, Ms. Grungo was employed by Fitness First. 6) In or around December 2003, Defendants announced that Ms. Grungo would be promoted to manager of a new Fitness First facility to be built in Plantation, Florida. 7) In or around the Spring of 2004, Ms. Grungo was informed that she would start in the new Fitness First facility in Plantation in or about August 2004. 8) In or around July 13, 2004, informed her supervisor that she was pregnant. 9) On or about July 15, 2004, Ms. Grungo was terminated from her employment with Fitness First.

2 of 5

Page 2 of 5

Case 0:05-cv-61580-CMA Document 12 Entered on FLSD Docket 02/02/2006 Page 3 of 5
10) Ms. Grungo has satisfied all conditions precedent to filing this lawsuit, including filing a complaint with the EEOC and FCHR in compliance with Fla. Stat. §760.11, Title I and Title VII.
11) The effect of the unlawful employment practices described above has been to deprive Ms. Grungo of equal employment opportunities, and otherwise adversely effect her as an employee because of her gender and pregnancy status.
COUNT I TITLE I AND TITLE VII CLAIMS – PREGNANCY DISCRIMINATION 12) Ms. Grungo reasserts paragraphs 1 through 11 as if fully set forth herein. 13) At all relevant times, Ms. Grungo was a member of a protected class based upon her gender and her pregnancy. 14) Ms. Grungo suffered an adverse employment action (specifically, her termination). 15) Ms. Grungo's membership in this protected class was the direct basis for the adverse employment action. 16) Fitness First's unlawful employment practices have caused Ms. Grungo to suffer damages. 17) Fitness First's unlawful employment practices were intentional. 18) Fitness First's unlawful employment practices were done with malice or with reckless indifference to Ms. Grungo's federally protected rights. WHEREFORE, Ms. Grungo requests this Court award her back pay with prejudgment interest, reinstatement and rightful-place hiring, front pay, plus damages for her emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined
Page 3 of 5
3 of 5

Case 0:05-cv-61580-CMA Document 12 Entered on FLSD Docket 02/02/2006 Page 4 of 5
by a jury. Ms. Grungo also requests reimbursement of medical expenses, out of pocket expenses, job search expenses, moving expenses, punitive damages, attorney's fees, costs, prejudgment interest and all such further relief as this Court deems just and proper under the circumstances.
FLA. STAT. §760.10 – PREGNANCY DISCRIMINATION 19) Plaintiffs re-allege and re-assert paragraphs 1 through 11 as if fully set forth herein. 20) Fitness First terminated Ms. Grungo because of her gender and her pregnancy. 21) Fitness First's termination of Ms. Grungo because of her gender and her pregnancy is a violation of the Florida Civil Rights Act, Fla. Stat. §760.10. 22) Ms. Grungo suffered damages as a result of Fitness First's unlawful employment practices. 23) Fitness First's unlawful employment practices were intentional. 24) Fitness First's unlawful employment practices were done with malice or with reckless indifference to Ms. Grungo's rights under the laws of the State of Florida. WHEREFORE, Ms. Grungo requests this Court award her back pay with prejudgment interest, reinstatement and rightful-place hiring, front pay, plus damages for her emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined by a jury. Ms. Grungo also requests reimbursement of medical expenses, out of pocket expenses, job search expenses, moving expenses, punitive damages, attorney's fees, costs, prejudgment interest and all such further relief as this Court deems just and proper under the circumstances.

4 of 5

Page 4 of 5

Case 0:05-cv-61580-CMA Document 12 Entered on FLSD Docket 02/02/2006 Page 5 of 5
DEMAND FOR JURY TRIAL Plaintiff, Dawn Grungo demands a trial by jury on all issues so triable.

Dated: February 2, 2006

s/ WilliamH. Pincus
William H. Pincus, Esq. Fla. Bar No.: 65595 328 N. Lakeside Ct. West Palm Beach, Florida 33407 Telephone: (561) 366-1306 Facsimile: (561) 366-1310 whpincus@lycos.com
Romin N. Currier, Esq. Fla. Bar No.: 566985 504 51st Street West Palm Beach, Florida 33407 Telephone: (561) 841-8801 Facsimile: (561) 841-1368 rcurrier@romincurrier.com
Attorneys for INTERVENER-Plaintiff

C:\Documents and Settings\Administrator\Desktop\complaint-intevenor[1].wpd

5 of 5

Page 5 of 5

 
 Case 0:05-cv-61580-CMA Document 31 Entered on FLSD Docket 04/10/2006 Page 1 of 5
Apr 10 2006
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
FT. LAUDERDALE DIVISION CASE NO: 05-CV-61580-ALTONGA/TURNOFF

UNITED STATES EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

PH FITNESS, INC. d/b/a FITNESS FIRST and )

PBH FITNESS, LLC d/b/a FITNESS FIRST

)

)

Defendants,

)

)

)

DAWN GRUNGO,

)

)

Intervening Plaintiff,

)

)

v.

)

)

PH FITNESS, INC., d/b/a FITNESS FIRST

)

and PBH FITNESS, LLC, d/b/a FITNESS FIRST )

)

Defendants-in-Intervention,

)

)

/

INTERVENER'S AMENDED COMPLAINT

Plaintiff, DAWN GRUNGO, files her Intervener's Complaint against Defendants, PH

FITNESS, INC. d/b/a FITNESS FIRST and PBH FITNESS, LLC d/b/a FITNESS FIRST

(collectively "FITNESS FIRST"), pursuant to Title VII of the Civil Rights Act of 1964 (42

U.S.C. § 2000e), and Title I of the Civil Rights Act of 1991 (42 U.S.C. § 1981). In support of

her claims, Ms. Grungo asserts as follows:

1 of 5

31/tb

Case 0:05-cv-61580-CMA Document 31 Entered on FLSD Docket 04/10/2006 Page 2 of 5

JURISDICTION, VENUE AND PARTIES 1) The jurisdiction of this Court is properly invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1343 and 28 U.S.C. § 1367 based upon the claims asserted by Ms. Grungo. 2) The employment practices giving rise to these causes of action occurred in Broward County, Florida, within the jurisdiction of the Southern District of Florida, Ft. Lauderdale Division. 3) At the time the complained of employment practices occurred, Ms. Grungo was working in Broward County, Florida for the Defendants. 4) At all relevant times, both Fitness First Defendants were foreign corporations doing business in the State of Florida and the cities of Deerfield Beach and Plantation, and have continuously employed fifteen (15) or more employees.
STATEMENT OF FACTS 5) From June 2002 through June 2004, Ms. Grungo was employed by Fitness First. 6) In or around December 2003, Defendants announced that Ms. Grungo would be promoted to manager of a new Fitness First facility to be built in Plantation, Florida. 7) In or around the Spring of 2004, Ms. Grungo was informed that she would start in the new Fitness First facility in Plantation in or about August 2004. 8) In or around July 13, 2004, informed her supervisor that she was pregnant. 9) On or about July 15, 2004, Ms. Grungo was terminated from her employment with Fitness First. 10) Ms. Grungo has satisfied all conditions precedent to filing this lawsuit, including filing a complaint with the EEOC and FCHR in compliance with Fla. Stat. §760.11, Title I and

2
2 of 5

31/tb

Case 0:05-cv-61580-CMA Document 31 Entered on FLSD Docket 04/10/2006 Page 3 of 5

Title VII. 11) The effect of the unlawful employment practices described above has been to
deprive Ms. Grungo of equal employment opportunities, and otherwise adversely effect her as an employee because of her gender and pregnancy status.
COUNT I TITLE VII CLAIM – SEX AND PREGNANCY DISCRIMINATION 12) Ms. Grungo reasserts paragraphs 1 through 11 as if fully set forth herein. 13) At all relevant times, Ms. Grungo was a member of a protected class based upon her sex and the fact that she had become pregnant. 14) Ms. Grungo suffered an adverse employment action (specifically, her termination). 15) Ms. Grungo's membership in this protected class was the direct basis for the adverse employment action. 16) Fitness First's unlawful employment practices have caused Ms. Grungo to suffer damages. 17) Fitness First's unlawful employment practices were intentional. 18) Fitness First's unlawful employment practices were done with malice or with reckless indifference to Ms. Grungo's federally protected rights. WHEREFORE, Ms. Grungo requests this Court award her back pay with prejudgment interest, reinstatement and rightful-place hiring, front pay, plus damages for her emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined by a jury. Ms. Grungo also requests reimbursement of medical expenses, out of pocket expenses, job search expenses, moving expenses, punitive damages, attorney's fees, costs,

3

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31/tb

Case 0:05-cv-61580-CMA Document 31 Entered on FLSD Docket 04/10/2006 Page 4 of 5

prejudgment interest and all such further relief as this Court deems just and proper under the circumstances.
COUNT II 42 U.S.C. §1981 CLAIM – SEX AND PREGNANCY DISCRIMINATION 19) Ms. Grungo reasserts paragraphs 1 through 11 as if fully set forth herein. 20) At all relevant times, Ms. Grungo was a member of a protected class based upon her sex and the fact that she had become pregnant. 21) Ms. Grungo suffered an adverse employment action (specifically, her termination). 22) Ms. Grungo's membership in this protected class was the direct basis for the adverse employment action. 23) Fitness First's unlawful employment practices have caused Ms. Grungo to suffer damages. 24) Fitness First's unlawful employment practices were intentional. 25) Fitness First's unlawful employment practices were done with malice or with reckless indifference to Ms. Grungo's federally protected rights. WHEREFORE, Ms. Grungo requests this Court award her back pay with prejudgment interest, reinstatement and rightful-place hiring, front pay, plus damages for her emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined by a jury. Ms. Grungo also requests reimbursement of medical expenses, out of pocket expenses, job search expenses, moving expenses, punitive damages, attorney's fees, costs, prejudgment interest and all such further relief as this Court deems just and proper under the circumstances.
4

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Case 0:05-cv-61580-CMA Document 31 Entered on FLSD Docket 04/10/2006 Page 5 of 5

DEMAND FOR JURY TRIAL Plaintiff, Dawn Grungo demands a trial by jury on all issues so triable.

Dated: April 10, 2006

_____/s/ William H. Pincus_________________ William H. Pincus, Esq. Fla. Bar No.: 65595 328 N. Lakeside Ct. West Palm Beach, Florida 33407 Telephone: (561) 366-1306 Facsimile: (561) 366-1310 whpincus@lycos.com
Counsel for INTERVENER-Plaintiff

5
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 Case 0:05-cv-61580-CMA Document 57 Entered on FLSD Docket 06/05/2006 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
FT. LAUDERDALE DIVISION CASE NO : 05-CV-61580 -ALTONGA/TURNOFF
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ,
Plaintiff, V.
PH FITNESS , INC. d/b/a FITNESS FIRST and PBH FITNESS , LLC d/b/a FITNESS FIRS T
Defendants ,
DAWN GRUNGO, Intervening Plaintiff, V.
PH FITNESS , INC., d/b/a FITNESS FIRS T and PBH FITNESS , LLC, d/b/a FITNESS FIRS T
Defendants-in-Intervention,

FIL' DKTG

bY j~R

D. C.

JUN 2 2005
CLARENCE MADDOX CLERK U .S . DIST. CT. A4L OF FLA. - MI AM I

SECOND AMENDED COMPLAIN T Plaintiff-, Dawn Grungo, files her Second Amended Complaint against Defendants PH Fitness, Inc . d/b/a Fitness First and PBH Fitness, LLC, d/b/a Fitness First (collectively "Fitness First"), pursuant Title VII of the Civil Rights Act of 1964 (42 U.S.C . §2000e), and Title I of the Civil Rights Act of 1991 (42 U .S. C. §1981a). In support of her claims, Ms . Grungo asserts as follows :

6 of 12

EXHIBIT "A"

Case 0:05-cv-61580-CMA Document 57 Entered on FLSD Docket 06/05/2006 Page 2 of 7
JURISIDICTION, VENUE AND PARTIES 1) The jurisdiction of this Court is properly invoked pursuant to 28 U .S.C. §13 31, § 1337 and §1343 based upon the claims asserted by Ms . Grungo . This action is authorized and instituted pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U .S .C. §2000e ("Title VII") and Section 102 of the Civil Rights Act of 1991, §1981x. 2) The actions giving rise to these causes of action occurred in Broward County, Florida, within the jurisdiction of the Southern District of Florida, Ft . Lauderdale Division. 3) At all times relevant to this incident, Ms . Grungo was living and working in Broward County, Florida . 4) At all times relevant to this incident, Fitness First has continuously been doing business in Broward County, Florida and has continuously employed 15 or more employees . 5) At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce within the meaning of Title VII.
STATEMENT OF FACT S 6) From June 2002 through June 2004, Ms . Grungo was employed by Fitness First as a sales representative . 7) Ms . Grungo was a successful sales representative and in June 2004, Defendants promoted her to manager and asked her to manage the new gym in Plantation, Florida, set to open on August 1, 2004 . 8) At all relevant times, Ms . Grungo was qualified and performed her j ob well . 9) On July 12, 2004, Ms . Grungo called in sick and went to the doctor's office . 10) Ms . Grungo discovered that she was pregnant .
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Case 0:05-cv-61580-CMA Document 57 Entered on FLSD Docket 06/05/2006 Page 3 of 7
11) She disclosed this information to her manager, Cara Voegtlin . Ms . Voegtlin instructed Ms . Grungo to take the week off and this conversation was witnessed by other Fitness First employees .
12) On July 15, 2004, Ms . Grungo was fired . 13) There is a nexus between Ms . Grungo's pregnancy and her termination . 14) Since at least July, 2004, Defendants have engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U .S.C. s. 2000(e)-2(a). 15) The effect of the unlawful employment practices complained of above has been to deprive Dawn Grungo of equal employment opportunities, and otherwise adversely affect her status as an employee because of her pregnancy status . 16) Ms . Grungo has satisfied all conditions precedent to filing this lawsuit, including filing a complaint with the EEOC and FCHR in compliance with Fla . Stat. §760 .11, Title I and Title VII .
PREGNANCY DISCRIMINATIO N 17) Ms . Grungo reasserts paragraphs 1 through 16 as if fully set forth herein . 18) At all relevant times, Ms . Grungo was a member of a protected class based upon her pregnancy . 19) Ms . Grungo suffered an adverse employment action (namely her termination) . 20) Ms . Grungo's membership in this protected class was the direct basis for the adverse employment action . In other words, Ms . Grungo was pregnant . She disclosed her pregnancy to her manager. Two days later, she was terminated despite the fact that she was well qualified for her job and had performed well prior to her termination . She was replaced by a non-pregnant person.
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Case 0:05-cv-61580-CMA Document 57 Entered on FLSD Docket 06/05/2006 Page 4 of 7
21) Fitness First's unlawful employment practices have caused Ms . Grungo to
suffer damages .
22) Fitness First's unlawful employment practices were intentional .
23) Fitness First's unlawful employment practices were done with malice or with reckless indifference to Ms . Grungo's federally protected rights .
WHEREFORE, Ms . Grungo requests this Court :
A) Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in pregnancy discrimination in employment practices at their facilities .
B) Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women which eradicate the effects of their past and present unlawful employment practices.
C) Order Defendants to make whole Dawn Grungo 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, rightful-place hiring, and front pay .
D) Order Defendants to make whole Dawn Grungo by providing compensation for past and future pecuniary losses resulting from the employment practices, including but not limited to, out-of-pocket losses, medical expenses and job search expenses, in amount to be determined at trial .
E) Order Defendants to make whole Dawn Grungo by providing compensation for past and future nonpecuniary losses resulting from the employment practices, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial .
F) Order Defendants to pay punitive damages for their malicious and reckless conduct in an amount to be determined at trial .
G) Grant such other relief as the Court deems necessary and proper in the public interest .
H) Grant Dawn Grungo attorney's fees and costs incurred in this action .
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Case 0:05-cv-61580-CMA Document 57 Entered on FLSD Docket 06/05/2006 Page 5 of 7

DEMAND FOR JURY TRIAL Plaintiff, Dawn Grungo demands a trial by jury .

June 1, 2006

/s/William H . Pincus William H. Pincus, Esq . Fla. Bar No .: 65595 328 N. Lakeside Ct . West Palm Beach, Florida 33407 Telephone: (561) 366-1306 Facsimile: (561) 366-1310 whpincus @.,lycos . coin

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Case 0:05-cv-61580-CMA Document 57 Entered on FLSD Docket 06/05/2006 Page 6 of 7
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISIO N CASE NO : 05-CIV-61580-ALTONAGA/TURNOF F UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION , Plaintiff, vs. PH FITNESS , INC. d/b/a FITNESS FIRST and PBH FITNESS, LLC d/b/a FITNESS FIRST, Defendants .
/ DAWN GRUNGO ,
Intervening Plaintiff,
Vs .
PH FITNESS, INC . d/b/a FITNESS FIRST and PBH FITNESS, LLC d/b/a FITNESS FIRST ,
Defendants-in-Intervention .
ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAIN T THIS CAUSE came before the Court on Plaintiffs Motion to Amend Complaint, filed June 1, 2006. Upon review of the Motion, the Court file, and being otherwise duly advised in the premises, it is hereby : ORDERED AND ADJUDGED that : 1 . The Motion for Leave to Amend Complaint is GRANTED . 2 . The Amended Complaint attached to the Motion is hereby deemed filed .
11 of 12

Case 0:05-cv-61580-CMA Document 57 Entered on FLSD Docket 06/05/2006 Page 7 of 7
3. Defendants shall have ten (10) days from the date of entry of this Order in which to serve a response to the Amended Complaint .
DONE AND ORDERED in Chambers at Miami, Florida, this day of June, 2006 .
CECILIA ALTONAGA United States District Judge COPIES FURNISHED TO : William H . Pincus, Esq.; Law Offices of William H . Pincus ; 328 N . Lakeside Ct .; West Palm Beach, FL 33407 ; Telephone : 561-868-1340 ; Facsimile : 561-366-131 0 Lauren G . Dreilinger, Esq.; EEOC; Two South Biscayne Boulevard ; Suite 2700; Miami, Florida 33131 ; Telephone: 305-808-1788 ; Facsimile : 305-808-1835 . Eric A. Gordon, Esq . ; Akerman Senterfitt; 222 Lakeview Avenue; Suite 400; West Palm Beach, Florida 33401 ; Telephone : 561-653-5000 ; Facsimile : 561-659-6313 .
S:klienls\Gruago\Uligation\arder m-mncnd .wpd
12 of 12

 
 Case 0:05-cv-61580-CMA Document 63 Entered on FLSD Docket 07/17/2006 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. : 05-61580-CIV-ALTONAGA/TURNOF F

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ,
Plaintiff ,
vs .

FILED by L . i5 .c. MAG . SEC .
JUL 14 2ons

PH FITNESS, INC., d/b/a FITNESS FIRST and PBH FITNESS , LLC, d/ b/a FITNESS FIRST

CLARENCE MADDOX CLERK U .S. DIST. CT.
S .U . OF F1.A -MIAM I

Defendants ,

DAWN GRUNGO , Intervening Plaintiff,
vs . PH FITNESS, INC ., d/b/a FITNESS FIRST and PBH FITNESS, LLC, d/b/a FITNESS FIRS T
Defendants .

OMNIBUS ORDER
THIS CAUSE is before the Court upon Intervening Plaintiff's Motion to Compel Better Responses to Intervener Plaintiffs Request to Produce [DE 40], Intervening Plaintiff's Motion to Compel Better Responses to Intervener Plaintiffs Financial Interrogatories [ DE 41 ], and Intervening Plaintiffs Motion to Compel Better Responses to Intervener Plaintiffs Punitive Damages Request to Produce [DE 42 ] . Upon review of the written submissions, the Court file, and being otherwise duly advised in the premises, it is hereby
rlPnFRFn AAIn An ii in n- cn •
1 . Intervening Plaintiff's Motion to Compel Better Responses to Intervener Plaintiffs Request to Produce [DE 40] is Granted -in-Pa rt and Denied -in-Part , as follows : The Motion is Granted as to Request Nos . 2, 5, and 12 . Defendant is to provide responses thereto within twenty (20) days from the date of this Order . The Motion is Denied as to Request Nos . 4 and 6. The Motion is Deemed Moot as to Request No . 7,
*

Case 0:05-cv-61580-CMA Document 63 Entered on FLSD Docket 07/17/2006 Page 2 of 2

CASE NO .: 05-22750-CIV-GOLD/TURNOFF
to the extent that Defendant has represented there are no other responsive documents except those listed in its privilege log . Plaintiff's request for an in camera inspection of those documents listed on Defendant's privilege log to determine the applicability of privilege is Denied Without Prejudice .

2. Intervening Plaintiffs Motion to Compel Better Responses to Intervener
Plaintiffs Financial Interrogatories [ DE 41] is Granted -in-Pa rt and Denied -in-Pa rt , as follows : The Motion is Granted as to Interrogatory Nos . 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, and 16 . As to No . 3, 4, 5, 6, 10, 11, 12, 13, 15, 16, and 17, Defendant is to produce responsive documents from 2002 to present . All documents are to be produced pursuant to the confidentiality order, as detailed below . The Motion is Denied Without Prejudice as to Interrogatory Nos . 8 and 9.

3 . Intervening Plaintiffs Motion to Compel Better Responses to Intervener
Plaintiffs Punitive Damages Request to Produce [ DE 42] is Granted -in-Pa rt and Deniedin-Pa rt, as follows : The Motion is Granted as to Request Nos . 1, 2, 3, 4, 6, 7, and 8, subject to the parties' submission of a confidentiality order, as detailed below . The Motion is Granted as to Request Nos . 9, 10, 11, and 12 . (Defendant withdrew its objections to
the Requests based on its previous claim that discovery of financial worth was premature) . The Motion is Deemed Moot as to Request No. 5 which was withdrawn .

It is further ORDERED AND ADJUDGED that the parties are to confer and attempt to submit a proposed joint confidentiality order for the Court's review on or before August 3, 2006. If no agreement can be reached, Defendant shall submit a proposed confidentiality order byAugust 3, 2006, and Intervener Plaintiff shall submit any objections thereto by August 11, 2006 . Compliance with production of documents pursuant to the confidentiality order shall be within ten (10) days from date of entry of same .

It is further ORDERED AND ADJUDGED that, to the extent that Plaintiff withdrew
the relief requested in all three Motions against JRC9,4nc . because it is not a party to thi s action, the Motions are Deemed Moot .

DONE AND ORDERED in Chambers, at%ami, Florio, this I I day of July 2

r

Co ninc nrn , ,irlorJ :

,J- ,JI

• VII .

Honorable Cecilia M . Altonaga

Counsel of Record

WILLIAM C . TURNOF F United States Magistrate Judg e

Page 2 of 2

 
 Case 0:05-cv-61580-CMA Document 74 Entered on FLSD Docket 10/17/2006 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 05-61580-CIV-ALTONAGA/Turnoff UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, vs. PH FITNESS, INC., d/b/a FITNESS FIRST and PBH FITNESS, LLC, d/b/a FITNESS FIRST Defendants, ______________________________________/ DAWN GRUNGO, Intervening Plaintiff, vs. PH FITNESS, INC., d/b/a FITNESS FIRST and PBH FITNESS, LLC, d/b/a FITNESS FIRST Defendants. ______________________________________/
ORDER THIS CAUSE is before the Court upon Defendants’ Motion to Compel Intervening Plaintiff’s Better Responses to Interrogatories [DE 73].1 Upon review of the written submissions, the Court file, and being otherwise duly advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants’ Motion to Compel Intervening Plaintiff’s Better Responses to Interrogatories [DE 73] is Granted-in-part and Denied-in-
1Although this motion was filed on May 24, 2006, it was not docketed by the clerk’s office until September 25, 2006.

Case 0:05-cv-61580-CMA Document 74 Entered on FLSD Docket 10/17/2006 Page 2 of 2

Case No.: 05-61580-CIV-ALTONAGA/Turnoff part as follows: The motion is Granted as to Interrogatory Nos. 5, 6, 7, 9, 11, 17, 18, and 22. The motion is Denied as to Interrogatory No. 13. Intervening Plaintiff’s objection that this interrogatory is over broad is sustained. Both Defendants’ and Intervening Plaintiff’s requests for attorney’s fees and costs incurred in connection with this matter are denied without prejudice. Intervening Plaintiff is to provide better answers to the above-listed interrogatories forthwith.
DONE AND ORDERED in Chambers, at Miami, Florida, this 17th day of October 2006.

Copies provided: Honorable Cecilia M. Altonaga Counsel of Record

___________________________ WILLIAM C. TURNOFF United States Magistrate Judge

Page 2 of 2

 
 Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 1 of 14
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO. 05-61580-CIV-ALTONAGA/Turnoff
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and
DAWN GRUNGO, Plaintiff-Intervenor,
v. PH FITNESS, INC. d/b/a FITNESS FIRST and PBH FITNESS, LLC d/b/a FITNESS FIRST,
Defendants. ______________________________________________/
CONSENT DECREE This cause is before the Court on the Joint Motion for Approval of Consent Decree [D.E. 99]. Being fully advised, the Motion [D.E. 99] is GRANTED by entry of the following consent decree.
I. THE LITIGATION 1. This Consent Decree (“Decree”) is made and entered into by and between Plaintiff, the Equal Employment Opportunity Commission (“Commission” or “EEOC”), Dawn Grungo (“Grungo” or “Ms. Grungo”), PH Fitness, Inc. d/b/a Fitness First and PBH Fitness, LLC d/b/a Fitness First (collectively “Fitness First” or “Defendants”). The

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 2 of 14
CASE NO. 05-61580-CIV-ALTONGA/Turnoff Commission, Ms. Grungo, and Defendants are collective referred to as the “Parties” throughout this Decree.
2. On September 28, 2005, Plaintiff, the Equal Employment Opportunity Commission, filed this action alleging Defendants, PH Fitness, Inc. and PBH Fitness, LLC, violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et. seq., (“Title VII”) by discriminating against Charging Party, Dawn Grungo, on the basis of her sex, female, and pregnancy. EEOC later filed an Amended Complaint on December 13, 2005. Ms. Grungo intervened by filing a Second Amended Complaint on June 1, 2006. Specifically, EEOC and Ms. Grungo alleged that Defendants violated Title VII by terminating her employment with Defendants because of her sex, female, and pregnancy.
3. On January 23, 2006, Defendants filed their Answer and Affirmative Defenses to EEOC's Amended Complaint, denying that their actions were discriminatory in any way. Further, on June 15, 2006, Defendants filed their Answer and Affirmative Defenses to Intervener, Grungo's Second Amended Complaint, denying that their actions were discriminatory in any way.
4. In the interests of resolving this matter and avoiding time and future costs of continuing the litigation and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by entry of this Consent Decree (“Decree”). The settlement of this matter does not constitute an admission of liability or wrongdoing by Defendants regarding Grungo's employment with Defendants or at any other time. Nor does the settlement of this matter
2

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 3 of 14
CASE NO. 05-61580-CIV-ALTONGA/Turnoff constitute an admission by EEOC or Grungo as to any claims made by Defendants in their Answer and Affirmative Defenses. This Decree is final and binding upon the Parties, their successors and assigns.
5. The Parties agree that this Decree fully and finally resolves all issues and claims arising out of or related to Grungo's employment with Defendants which are alleged in the Complaints filed by EEOC and Grungo in this action and further alleged in EEOC Charge No. 150-2004-04107. The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with EEOC other than the Charge referred to in this paragraph.
6. This Decree constitutes the complete agreement between EEOC, Grungo and Defendants with respect to the matters referred to herein. No representations or inducements to compromise this action have been made, other than those recited or referenced in this Decree. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved by the Court or ordered by the Court.
NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings filed by the parties, the record and stipulations of the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
II. FINDINGS 7. This Court has jurisdiction of the subject matter of this action and over the Parties for the purposes of entering and enforcing this Decree.
3

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 4 of 14
CASE NO. 05-61580-CIV-ALTONGA/Turnoff 8. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its terms or the right of EEOC to bring an enforcement suit upon alleged breach of any term(s) of this Decree. 9. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of Ms. Grungo and the public interest are adequately protected by this Decree. 10. This Decree conforms to the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of Dawn Grungo, Fitness First, EEOC and the public. 11. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, and officers of Defendants.
III. GENERAL INJUNCTIVE PROVISIONS 12. Defendants, their officers, managers, employees, agents, partners, successors, and assigns are hereby enjoined from engaging in conduct that discriminates on the basis of sex and/or pregnancy in violation of Title VII of the Civil Rights Act of 1964, as amended.
4

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 5 of 14

CASE NO. 05-61580-CIV-ALTONGA/Turnoff

13.

Defendants, their officers, managers, employees, agents, partners,

successors, and assigns are hereby enjoined from engaging in any form of retaliation

against any person because such person has opposed any practice made unlawful under

Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any

manner in any investigation, proceeding, or hearing under Title VII, or asserted any

rights under this Decree.

IV. ADOPTION AND DISTRIBUTION OF NEW POLICY AGAINST SEX AND PREGNANCY DISCRIMINATION

14. Defendants shall create a new anti-discrimination policy (“Policy”) to be

distributed to all current employees within thirty (30) calendar days after entry of this

Decree. The Policy shall clearly define prohibited conduct and specifically prohibit

discriminating against an employee who is experiencing pregnancy-related illness and

specifically prohibit terminating an employee because of her sex and pregnancy. The

Policy shall also specify that prohibited behavior will not be tolerated from their

employees, customers, clients and any other persons present at any of its facilities. The

Policy shall provide that complaints of sex-based and/or pregnancy discrimination may

be made to any person in the chain of command above an employee or directly to human

resources personnel; employees who make complaints of sex-based and/or pregnancy

discrimination harassment or provide information related to such complaints will be

protected against retaliation; employees will not be required to complain of sex-based

and/or pregnancy discrimination to a person against whom they allege sex-based and/or

pregnancy discrimination; the employer will protect the confidentiality of sex-based

5

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 6 of 14
CASE NO. 05-61580-CIV-ALTONGA/Turnoff and/or pregnancy discrimination complaints to the extent possible; the employer will take immediate and appropriate corrective action if and when it determines that sex-based and/or pregnancy discrimination has occurred; employees who violate the policy are subject to discipline up to and including discharge. The Policy shall also provide a toll free telephone number that employees may utilize to contact Defendants’ Corporate Office in Maryland to discuss pregnancy- related and sex-based discrimination concerns.
15. A copy of the Policy shall be forwarded to EEOC within thirty (30) calendar days of entry of this Decree. This and any other submissions, reports, certifications, notices, or other materials that are required to be submitted to EEOC shall be mailed to: Fitness First Settlement, c/o Trial Attorney Lauren Dreilinger, United States Equal Employment Opportunity Commission, 1 Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, Miami, Florida 33131.
16. The Policy shall be distributed to all of Defendants’ employees and management staff and shall be included in any relevant policy or employee manuals kept by Defendants’ business within thirty (30) calendar days of entry of this Decree. The Policy shall also be kept and maintained in a conspicuous and accessible place for all employees at all Fitness First facilities and printed in a font that is easily legible (at least 11 point font).
17. A copy of the Policy shall be distributed to each new regular full-time, part-time, and temporary employee within ten (10) business days of the employee's hire date. The manager responsible for distributing the Policy to each new employee shall review the Policy in depth with the employee within twenty (20) business days of the
6

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 7 of 14
CASE NO. 05-61580-CIV-ALTONGA/Turnoff employee's hire date. Fitness First shall maintain records demonstrating that each new employee discussed the Policy with the responsible manager.
V. TRAINING 18. In order to insure the effective implementation of Fitness First's antidiscrimination policies, Fitness First will conduct training for all of its managers and supervisory personnel on all aspects of equal opportunity laws (including sex-based and pregnancy discrimination) and the new Policy. Such training will be conducted by the law firm of Akerman Senterfitt or by an organization mutually agreed upon with EEOC within six (6) months of the entry of this Decree. The remainder of the training sessions shall take place annually and no later than September 30th of each year throughout the duration of the Decree. 19. Within ten (10) business days of the completion of training, Defendants shall notify EEOC of the dates the training was conducted, the name and job title of the person(s) who conducted the training, and the name and job title of each person who received the training. 20. Defendants agree to provide EEOC, upon request, with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants of the training sessions.
VI. POSTING OF NOTICE 21. Within ten (10) business days after entry of this Decree, Defendants shall post an eight and one-half (8½) inches by eleven (11) inches copy of the Notice attached as Exhibit "A" to this Decree. Said Notice shall be posted at all Fitness First facilities in
7

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 8 of 14
CASE NO. 05-61580-CIV-ALTONGA/Turnoff a conspicuous location easily accessible to all Defendants’ employees. The Notice shall remain posted for three (3) years from the date of entry of this Decree. Defendants shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Defendants shall certify to EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted.
VII. RECORD KEEPING 22. For a period of three (3) years following entry of this Decree, Fitness First shall maintain and make available for inspection and copying by EEOC, records (including name, age, address, telephone number, complaint and resolution of the complaint) of each person complaining about discrimination on the basis of sex and/or pregnancy. 23. Defendants shall make all documents or records referred to in Paragraphs 16, 17, and 20, available for inspection and copying within ten (10) business days after EEOC so requests. 24. Nothing contained in this Decree shall be construed to limit any obligation Defendants may otherwise have to maintain records under Title VII or any other law or regulation.
VIII. REPORTING 25. Defendants shall furnish to EEOC the following written reports twice annually for a period of three (3) years following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due thirtysix (36) months after entry of the Decree. Each such report shall contain:
8

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 9 of 14

CASE NO. 05-61580-CIV-ALTONGA/Turnoff

a.

A description of each complaint of sex discrimination and/or

pregnancy discrimination, including the names of the complaining parties and witnesses

and the resolution of such complaint, including the information required pursuant to

paragraph 22 herein, occurring within the six (6) month period preceding the report.

Defendants agree that they will not discourage employees from cooperating with EEOC.

b. A certification by Fitness First that the Notice required to be posted in

Paragraph 21, above, remained posted during the entire six (6) month period preceding

the report.

IX. MONETARY RELIEF FOR COMPLAINANT

26.

Defendants shall pay a total of one hundred five thousand dollars

($105,000.00) in full and final settlement of any and all claims Grungo or EEOC has

asserted or could have asserted in this lawsuit.

a. Eight thousand dollars ($8,000) shall be representative of back

pay, less amounts required to be withheld for federal, state, and local income taxes.

Defendants will issue an IRS Form W-2, and shall be responsible for paying the

employer’s share of any federal, state and local, income taxes, and social security

withholdings.

b. Forty-eight thousand six hundred thirty-eight dollars and thirty

seven cents ($48,638.37) shall be representative of compensatory damages from which

taxes and social security shall not be withheld. Defendants shall issue an IRS Form 1099

to Ms. Grungo for this amount.

c. Both payments shall be made within ten (10) business days from

9

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 10 of 14
CASE NO. 05-61580-CIV-ALTONGA/Turnoff the Court’s execution of this Decree, by certified mail to: Dawn Grungo c/o William Pincus, Esq., Law Offices of William H. Pincus, 328 North Lakeside Court, West Palm Beach, Florida 33407. Copies of the payments, IRS Form W-2 and IRS Form 1099 shall be forwarded to the attention of Lauren G. Dreilinger, Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
d. The remainder of the total settlement amount, Forty-eight thousand three hundred sixty-one dollars and thirteen cents ($ 48, 361.13), shall be representative of Ms. Grungo's attorney's fees and costs incurred in this litigation and payment of this amount shall be made within ten (10) business days from the Court’s execution of this Decree, by certified mail to: William Pincus, Esq., Law Offices of William H. Pincus, 328 North Lakeside Court, West Palm Beach, Florida 33407.
27. If Defendants fail to tender the payments described in paragraph 26, above, then Defendants 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 EEOC caused by the non-compliance or delay of the Defendants.
X. DISPUTE RESOLUTION 28. In the event that any of the Parties to this Decree believes that a party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the alleged non-complying party in writing of such non-compliance and afford the alleged non-complaining party ten (10) business days to remedy the non-compliance or satisfy the complaining party that it has complied. If the dispute is not resolved within
10

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 11 of 14 CASE NO. 05-61580-CIV-ALTONGA/Turnoff
ten (10) business days, the complaining party may apply to the Court for appropriate relief.
29. The Parties shall have the right to seek Court intervention. Additionally, no party shall contest the Court’s jurisdiction to hear a dispute arising from the Decree nor challenge any Parties' ability to bring an action to enforce the terms of the Decree in this Court.
XI. DURATION OF THE DECREE AND RETENTION OF JURISDICTION 30. The duration of this Decree shall be three (3) years from the date of entry
of the Decree. During that time, the Court shall retain jurisdiction over this matter and the Parties for purposes of enforcing compliance with the Decree, including such orders as may be required to effectuate its purposes.
(remainder of page intentionally left blank)
11

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 12 of 14

CASE NO. 05-61580-CIV-ALTONGA/Turnoff 31. Other than as outlined in paragraph 26 herein, the Parties shall bear their own expenses, costs and attorney's fees.

For the EQUAL EMPLOYMENT OPPORTUNITY FITNESS, COMMISSION: FITNESS, LLC:
________________________________ NORA E. CURTIN, ESQ. Regional Attorney New York Bar No. 2357697
LAUREN G. DREILINGER, ESQ. Trial Attorney New York Bar No. 75028890
1 Biscayne Tower 2 South Biscayne Blvd., Suite 2700 Miami, Florida 33131

For DEFENDANTS, PH INC. and PBH
_______________________
ERIC A. GORDON, ESQ. Akerman Senterfitt Florida Bar No.: 071341 Esperante Building
222 Lakeview Avenue, Suite 400 West Palm Beach, FL 33401
For DAWN GRUNGO:
________________________
WILLIAM H. PINCUS, ESQ. Law Offices of William H. P Florida Bar No.: 065595 328 North Lakeside Court West Palm Beach, FL 33407

DONE AND ORDERED in Chambers, in Miami, Miami-Dade County, Florida on this 22nd day of March, 2007.
________________________________ CECILIA M. ALTONAGA UNITED STATES DISTRICT JUDGE
12

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 13 of 14 CASE NO. 05-61580-CIV-ALTONGA/Turnoff
Copies furnished to: Magistrate Judge William C. Turnoff; counsel of record
13

Case 0:05-cv-61580-CMA Document 100 Entered on FLSD Docket 03/22/2007 Page 14 of 14

CASE NO. 05-61580-CIV-ALTONGA/Turnoff

EXHBIIT "A"
NOTICE TO ALL FITNESS FIRST EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the U.S. District Court in EEOC and Grungo v. PH Fitness, Inc. d/b/a Fitness First and PBH Fitness, LLC d/b/a Fitness First, 05-CV-61580. Fitness First has adopted a policy that prohibits discrimination against employees based on sex and pregnancy 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, and/or sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. Fitness First will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, pregnancy discrimination and sex-based discrimination.
Fitness First will assure 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 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 Fitness First's policy prohibiting discrimination.
EEOC enforces the federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex, and age. If you believe you have been discriminated against, you may contact the Miami District Office of EEOC at (305) 808-1740. EEOC charges no fees and has employees who speak languages other than English.
This Notice shall remain posted for one (1) year from the date below and shall not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: Fitness First Settlement, c/o EEOC, 1 Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, Miami, Florida 33131.

______________________________ Peter Harvey President

_____________________________

Date:

14

 
 Case 0:05-cv-61580-CMA Document 101 Entered on FLSD Docket 03/22/2007 Page 1 of 1

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

05-CV-61580-CIV-ALTONAGA/Turnoff

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

and

DAWN GRUNGO,

Plaintiff-Intervener

v.

PH FITNESS, INC. d/b/a FITNESS FIRST and PBH FITNESS, LLC d/b/a FITNESS FIRST,

Defendants. ___________________________________________/

FINAL ORDER OF DISMISSAL WITH PREJUDICE

THIS CAUSE came before the Court upon the parties’ Joint Stipulation For Dismissal

With Prejudice (the “Joint Stipulation”), filed on March 21, 2007 [D.E. 99-3]. Upon review of

the parties’ Joint Stipulation, the pertinent portions of the record, and being otherwise fully

advised in the premises, it is hereby

ORDERED AND ADJUDGED that this matter is dismissed with prejudice, with each

party to bear its own fees and costs. The Motion for Summary Judgment [D.E. 96] is accordingly

denied as moot. The Court retains jurisdiction to enforce the terms of the Consent Decree

entered herein.

DONE AND ORDERED in Chambers in Miami, Miami-Dade-County, Florida this

22nd day of March, 2007.

_________________________________ CECILIA M. ALTONAGA UNITED STATES DISTRICT JUDGE

cc: Magistrate Judge William C. Turnoff; counsel of record

 
 Case 0:05-cv-61580-CMA Document 30 Entered on FLSD Docket 03/31/2006 Page 1 of 5
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORID A
MIAMI DIVISIO N CASE NO . 05-61580-CIV-ALTONAGA/Turnoff UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, vs . PH FITNESS, INC . d/b/a/ FITNESS FIRST and PBH FITNESS, LLC d/ b/a FITNESS FIRST , Defendants .
DAWN GRUNGO, Intervening Plaintiff,
vs . PH FITNESS , INC. d/ b/a/ FITNESS FIRST and PBH FITNESS , LLC d/b/a FITNESS FIRST,
Defendants-in-Intervention .
ORDER ON MOTION TO DISMIS S THIS CAUSE came before the Court on Defendants-in-Intervention, PH Fitness, Inc . and PBH Fitness, LLC's (collectively referred to hereinafter as "Fitness First['s]" or "Defendants[']") Motion to Dismiss Count II of Intervener's Complaint [ D.E. 20] , filed on February 20, 2006 . The Court has carefully reviewed the parties' written submissions and the applicable law . In Count I of the Intervener's Complaint [D .E . 12], Dawn Grungo ("Grungo"), a former

Case 0:05-cv-61580-CMA Document 30 Entered on FLSD Docket 03/31/2006 Page 2 of 5
CASE NO . 05-61580 -CIV-ALTONAGA/Turnoff employee of Fitness First, alleges that Fitness First violated Titles I and VII of the Civil Rights Act of 1964 by terminating Grungo from her employment "because of her gender and her pregnancy ." (Intervener's Complaint [D .E. 12] ¶¶ 13-14) . Similarly, Count II, entitled "Pregnancy Discrimination," alleges that Fitness First violated the Florida Civil Rights Act ("FCRA") (Fla . Stat . § 760.10) by terminating Grungo "because of her gender and her pregnancy ." (Id. ¶¶ 20-21) . On the basis of both Counts, Grungo seeks remedies that include : (1) back pay with prejudgment interest ; (2) reinstatement and rightful-place hiring ; (3) front pay ; (4) damages for emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation ; and (5) reimbursement of medical expenses, out of pocket expenses, job search expenses, moving expenses, punitive damages, attorney's fees, costs, and prejudgment interest . (Id. at ¶¶ 18, 24) .
Fitness First seeks a dismissal of Count II of the inteivener's Complaint pursuant to Rul e
12(b)(6) of the Federal Rules of Civil Procedure, on several grounds . Fitness First points out that it is unclear whether Count II asserts a claim based upon gender discrimination or pregnancy discrimination and that the claim should therefore be dismissed for failure to comply with the Federal Rules of Civil Procedure . Further, insofar as this Count may, as its title would suggest, be asserting a claim for pregnancy discrimination, it should be dismissed because there is no cause of action under Fla . Stat . § 760 .10 for pregnancy discrimination, and because such a claim would be preempted by the Title VII claim already alleged in Count I . Grungo maintains that Florida law treats pregnancy discrimination as a form of gender discrimination and that pregnancy discrimination is in fact recognized as a cause of action under Fla . Stat. § 760 .10 .
For purposes of a motion to dismiss, the Court must accept the allegations of the complaint
2

Case 0:05-cv-61580-CMA Document 30 Entered on FLSD Docket 03/31/2006 Page 3 of 5

CASE NO . 05-61580 -CIV-ALTONAGAITurnoff as true. United States v. Pemco Aeroplex, Inc., 195 F .3d 1234, 1236 (11th Cir. 1999) (en bane) .

Moreover, the pleading must be viewed in the light most favorable to the plaintiff . St. Joseph's

Hosp., Inc. v. Hosp. Corp. of America, 795 F .2d 948, 953 (11th Cir . 1986) . Thus, to warrant a

dismissal under Fed . R. Civ . P. 12(b)(6), it must be "clear that no relief could be granted under any

set of facts that could be proved consistent with the allegations ." Blackston v. Alabama, 30 F .3d

117, 120 (11th Cir . 1994) (quoting Hishonv . King & Spalding, 467 U.S . 69, 73 (1984)) .

However," [w] hen the allegations contained in a complaint are wholly conclusory . . . and fail to set

forth facts which, if proved, would warrant the relief sought, it is proper to dismiss for failure to state

a claim ." Davidson v . Georgia, 622 F .2d 895, 897 (11th Cir. 1980) .

Grungo cites to O'Loughlin v . Pinchback, 579 So. 2d 788, 791 (Fla . 1st DCA 1991) to

pregnancy SUPPU1L lief pl usltloll that UI IUCr Fiorida law,

diSCriiiiiiiatiun is a iviiii of scx

discrimination and is not preempted by Title VII. However, a reading of O'Loughlin shows that the

opposite holds true. In O'Loughlin, the court made it clear that Congress amended Title VII in 1978

in order to specify "that discrimination on the basis of pregnancy is sex discrimination, and therefore

violative of Title VII," but that, in contrast, "Florida has not similarly amended its Human Rights

Act to include a prohibition against pregnancy-based discrimination ." Id. at 791 .

Further, the court in O'Loughlin explained that "Florida's law stands as an obstacle to the

accomplishment and execution of the full purposes and objectives of Congress by not recognizing

that discrimination against pregnant employees is sex-based discrimination . . . . Thus we conclude

that the Florida Human Rights Act, specifically Section 760 .10, Florida Statutes, is pre-empted by

Title VII . . . to the extent that Florida's law offers less protection to its citizens than does th e

3

Case 0:05-cv-61580-CMA Document 30 Entered on FLSD Docket 03/31/2006 Page 4 of 5
CASE NO . 05-61580 -CIV-ALTONAGA/Turnoff corresponding federal law ." Id. at 792 . See also Fernandez v. Copperleaf Golf Club Community Ass'n, Inc ., 2005 WL 2277591 at * 1 (M .D . Fla . Sept. 19, 2005) (where a plaintiff filed a complaint alleging two counts of pregnancy discrimination, in violation of Title VII and the FCRA, respectively, the court dismissed count II because "pregnancy discrimination is not prohibited by the Florida Civil Rights Act and therefore the state statute provides no remedy for pregnancy discrimination") ; Swiney v. Lazy Days R. V. Ctr., Inc., 200 U .S . Dist . LEXIS 14683, at * 1-3 (M .D . Fla ., Mar. 19, 1997) (dismissing a claim for pregnancy discrimination under the FCRA because Title VII preempted the claim) . Given that the FCRA neither equates pregnancy discrimination with gender discrimination nor recognizes pregnancy discrimination as a cause of action, Count II of Grungo's Complaint, insofar as it pleads discrimination on the basis of pregnancy, fails to state a iausC vi acuvii .
Although Count II also refers to discrimination on the basis of sex, which is indeed a cause of action under the FCRA, such claim is nevertheless be subject to dismissal for two reasons . First, the Count, as already noted, alleges discrimination on the basis of both pregnancy and gender . Under Federal Rule of Civil Procedure 10(b), "[e]ach claim [must be] founded upon a separate transaction or occurrence ." Rule 10(b) requires that the complaint "present each claim for relief in a separate count . . . and with such clarity and precision that the defendant will be able to discern what the plaintiff is claiming . . . ." Anderson v . District Bd of Trustees of Cent. Fla. Community College, 77 F.3d 364, 367 (11th Cir . 1996) .
Second, Count II lacks sufficient factual allegations to support a claim for sex discrimination . The statement that Grungo was terminated "because of her gender" is wholly conclusory and th e
4

Case 0:05-cv-61580-CMA Document 30 Entered on FLSD Docket 03/31/2006 Page 5 of 5
CASE NO . 05-61580 -CIV-ALTONAGA/Turnoff pleading is devoid of factual averments supporting the claim . See e.g., Benoit v . Ocwen Financial Corp., Inc ., 960 F . Supp . 287, 291 (S .D. Fla. 1997);Cummings v. Palm Beach County, 642 F . Supp. 248,249 (S .D. Fla. 1986)("to comply with `fair notice' pleading, the complaint should at least allege in general terms what violative acts, customs, practices or policies were practiced by the defendant .").
Accordingly, and for the foregoing reasons, it i s ORDERED AND ADJUDGED that Defendants-in-Intervention, PH Fitness, Inc . and PBH Fitness, LLC's Motion to Dismiss Count II of Intervener's Complaint [ D.E. 201 is GRANTED . Intervening Plaintiff, Dawn Grungo, has until April 14, 2006 to file her amended complaint . DONE AND ORDERED in Chambers at Miami, Florida, this 30 day of March, 2006.

cc : Magistrate Judge William C . Turnoff counsel of record

CECILIA M. ALTONAG A UNITED STATES DISTRICT JUDG E

5

 
 Case 0:05-cv-61580-CMA Document 49 Entered on FLSD Docket 05/26/2006 Page 1 of 6
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISIO N CASE NO . 05-61580-CIV-ALTONAGA/ Turnoff UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION , Plaintiff, vs . PH FITNESS , INC. d/b/a/ FITNESS FIRST and PBH FITNESS , LLC d/ b/a FITNESS FIRST , Defendants .
DAWN GRUNGO , Intervening Plaintiff,
vs . PH FITNESS , INC. d/b/a/ FITNESS FIRST and PBH FITNESS , LLC d/ b/a FITNESS FIRST ,
Defendants-in-Intervention .
ORDER ON MOTION TO DISMISS INTERVENER' S AMENDED COMPLAINT AND INTERVENER'S MOTION TO AMEND COMPLAIN T
THIS CAUSE came before the Court on Defendants-in-Intervention, PH Fitness, Inc . and PBH Fitness, LLC's (collectively referred to hereinafter as "Fitness First['s]" or "Defendants[']") Motion to Dismiss Intervener's Amended Complaint [ D .E . 39] , filed on April 26, 2006 . The Court has carefully reviewed the parties' written submissions and the applicable law .
Count I of the Intervener's Amended Complaint [D .E . 31], entitled "Sex and Pregnancy

Case 0:05-cv-61580-CMA Document 49 Entered on FLSD Docket 05/26/2006 Page 2 of 6
CASE NO . 05-61580-CIV-ALTONAGA/Turnoff Discrimination," alleges that Fitness First violated Titles I and VII of the Civil Rights Act of 1964, by terminating former employee, Dawn Grungo, from her employment "because of her gender and her pregnancy ." (Intervener's Complaint [D . E . 31] ¶¶ 12-15) . Similarly, Count II, entitled "Sex and Pregnancy Discrimination," alleges that Fitness First violated Title I of the Civil Rights Act of 1991, by terminating Grungo "because of her gender and her pregnancy ." (Id. at ¶¶ 20-22). On the basis of both counts, Grungo seeks remedies that include : (1) back pay with prejudgment interest ; (2) reinstatement and rightful-place hiring ; (3) front pay; (4) damages for emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation ; and (5) reimbursement of medical expenses, out of pocket expenses, job search expenses, moving expenses, punitive damages, attorney's fees, costs, and prejudgment interest . (Id. at 1118, 24) .
Fitness First seeks a dismissal of the Intervener's Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, on several grounds . Fitness First argues that Counts I and II must be dismissed because the Intervening Plaintiff has failed to comply with Rule 10(b) of the Federal Rules of Civil Procedure, in that Intervening Plaintiff has failed to present each claim separately, supported by a separate transaction or occurrence . (See Defendants' Motion to Dismiss Amended Complaint at 2) . Defendants maintain that they are "unable to discern whether Intervening Plaintiff is seeking recovery for alleged discrimination based on her sex, or discrimination based on her pregnancy, which is incidentally associated with her status as a woman ." (Id.) . Defendants further argue that Count I of the Amended Complaint, comprised of conclusory statements, must be dismissed because the Intervening Plaintiff has failed to state a cause of action for sex discrimination under Title VII . (Id.). Finally, Fitness First argues that Count II should also
2

Case 0:05-cv-61580-CMA Document 49 Entered on FLSD Docket 05/26/2006 Page 3 of 6
CASE NO . 05-61580-CIV-ALTONAGA/Turnoff be dismissed, with prejudice, for failure to state a cause of action under Section 1981, since Section 1981 claims are limited to claims of race discrimination . (Id.).
In response to Defendants' Motion to Dismiss, Ms . Grungo has filed a Motion to Amend' the Amended Complaint and has attached to her Response a proposed Second Amended Complaint . The Second Amended Complaint now consists of one count, entitled "Pregnancy Discrimination," and alleges that Ms . Grungo, during the time in question, was terminated by the Defendants from her employment because of her gender and her pregnancy, in violation of Title VII of the Civil Rights Act of 1964 (42 U .S.C. § 2000e), as amended by the Pregnancy Discrimination Act of 1978, and Title I of the Civil Rights Act of 1991 (42 U .S .C. § 1981a) . (See Second Amended Complaint ¶¶ 14-16 attached to Plaintiff's Response to Motion to Dismiss) . 2
For purposes of a motion to dismiss, the Court must accept the allegations of the complaint as true . United States v. Pemco Aeroplex, Inc ., 195 F .3d 1234, 1236 (11th Cir . 1999) (en banc) . Moreover, the pleading must be viewed in the light most favorable to the plaintiff . St. Joseph's Hosp ., Inc. v. Hosp. Corp. of America, 795 F .2d 948, 953 (11th Cir . 1986) . Thus, to warrant a dismissal under Fed . R. Civ . P . 12(b)(6), it must be "clear that no relief could be granted under any set of facts that could be proved consistent with the allegations ." Blackston v. Alabama, 30 F .3d 117, 120 (11th Cir . 1994) (quoting Hishon v. King & Spalding, 467 U .S . 69, 73 (1984)) .
'June 1, 2006, is the deadline for filing any motions to amend the pleadings . (See Feb . 9, 2006 Order [D .E. 17]) .
2Intervening Plaintiffs Response to Defendants' Motion to Dismiss does not address any of the arguments made by the Defendants regarding the deficiencies of the Amended Complaint . Rather, Plaintiffs Response to Defendants' Motion to Dismiss consists of Plaintiffs request for leave to amend her Amended Complaint .
3

Case 0:05-cv-61580-CMA Document 49 Entered on FLSD Docket 05/26/2006 Page 4 of 6
CASE NO . 05-61580-CIV-ALTONAGA/ Turnoff However,"[w]hen the allegations contained in a complaint are wholly conclusory . . . and fail to set forth facts which, if proved, would warrant the relief sought, it is proper to dismiss for failure to state a claim ." Davidson v . Georgia, 622 F .2d 895, 897 (11th Cir . 1980) .
As noted, Intervening Plaintiffs proposed Second Amended Complaint consists of a sole count of pregnancy discrimination . In this Second Amended Complaint, it is alleged that on or about December 2003, Ms . Grungo was informed that she would be promoted to a managerial position with the Defendants, and that on or about the Spring of 2004, she was informed that she would start in her new position some time in August of 2004. (See Second Amended Complaint ¶¶ 6-7) . On or about July 13, 2004, Intervening Plaintiff informed her supervisor that she was pregnant . On or about July 15, 2004, she was terminated from her employment with the Defendants . (Id. at ¶¶ 8-9) .
In order to state a claim of pregnancy discrimination under Title VII, the complaint must allege that (1) the plaintiff was pregnant at the time in question, (2) she was performing her job well, (3) she was terminated, and (4) there is a nexus between her pregnancy and the adverse employment action . See B .S. Siko v. Kassab, Archbold & O'Brien, L .L.P., 1998 WL 464900 (E .D . Pa . 1998) (citing Boyd v. Harding Academy of Menphis,Inc., 88 F .3d 410, 413 (6th Cir . 1996) ; Quarantino v. Tiffany & Co ., 71 F .3d 58, 64 (2d Cir. 1995)) . Although Intervening Plaintiff, through the proposed Second Amended Complaint, attempts to address the inadequacies of the Amended Complaint, as noted by the Defendants in their Motion to Dismiss,3 Ms . Grungo's most recent allegations fall shor t
'The undersigned agrees with the Defendants' argument that Counts I and II of Intervening Plaintiffs Amended Complaint do not meet the requirements of Rule 10(b) of the Federal Rules of Civil Procedure . Additionally, the undersigned further agrees that in Count I of the Amended Complaint, Intervening Plaintiff has failed to state a cause of action for sex discrimination in violation of Title VII since the allegations made in this count consist of conclusory statements . (See the
4

Case 0:05-cv-61580-CMA Document 49 Entered on FLSD Docket 05/26/2006 Page 5 of 6
CASE NO . 05-61580 -CIV-ALTONAGA/Turnoff of what it is required in order to properly plead a claim of pregnancy discrimination . See B . S. Siko, 1998 WL at * 2 (denying motion to dismiss where the Plaintiff had not only alleged that she was pregnant at the time in question, was performing her job satisfactorily, and had been terminated, but also alleged that she was replaced by another employee who was not pregnant, thereby creating a prima facie case for pregnancy discrimination) (emphasis added) ; see also Brennan v . National Telephone Directory, 850 F . Supp . 331, 336 (E . D. Pa. 1994) (denying motion to dismiss count where plaintiff had alleged facts which, if true, would show that others not in the protected class were treated more favorably than plaintiff) . Ms . Grungo's most recent allegation, contained in the proposed Second Amended Complaint, consists of the claim that she was terminated because of "her gender and her pregnancy," and nothing more . (See Second Amended Complaint ¶¶ 14-16 attached to Plaintiffs Response to Motion to Dismiss) . This statement continues to be wholly conclusory and the pleading is devoid of factual averments supporting the claim . See e.g., Benoit v. Ocwen Financial Corp., Inc., 960 F . Supp . 287, 291 (S .D . Fla. 1997) ;Cummings v. Palm Beach County, 642 F . Supp. 248, 249 (S .D. Fla. 1986)("to comply with `fair notice' pleading, the complaint should at least allege in general terms what violative acts, customs, practices or policies were practiced by the defendant") .
Accordingly, and for the foregoing reasons, it is ORDERED AND ADJUDGED that Defendants-in-Intervention, PH Fitness, Inc . and PBH Fitness, LLC's Motion to Dismiss Intervener's Amended Complaint [D.E. 391 is GRANTED . It is FURTHER ORDERED AND ADJUDGED that Intervening Plaintiffs Motion to Amend
Court's Order of March 30, 2006 [D .E. 30]) . Finally, the undersigned agrees that Count II must be dismissed for failure to state of cause of action under 42 U .S .C. § 1981 .
5

Case 0:05-cv-61580-CMA Document 49 Entered on FLSD Docket 05/26/2006 Page 6 of 6
CASE NO . 05-61580-CIV-ALTONAGA/Turnoff Complaint [ D.E. 43 1 is DENIED . However, Intervening Plaintiff, Dawn Grungo, has until June 1, 2006 to file a motion for leave to file a second amended complaint that complies with this Order and the Court's prior instructions . Prior to filing her motion, Ms . Grungo must confer with opposing counsel, exchange the proposed amended pleading, and certify whether her motion is unopposed .
DONE AND ORDERED in Chambers at Miami, Florida, this day of May, 2006 .

cc: Magistrate Judge William C. Turnoff counsel of record

CECILIA M. ALTONAGA UNITED STATES DISTRICT JUDG E

6

 
 Case 0:05-cv-61580-CMA Document 70 Entered on FLSD Docket 08/10/2006 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. : 05-61580-CIV-ALTO NAGA/Turnoff UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION , Plaintiff, vs . PH FITNESS , INC., d/b/a FITNESS FIRST and PBH FITNESS , LLC, d/ b/a FITNESS FIRST Defendants ,
DAWN GRUNGO , Intervening Plaintiff,
vs . PH FITNESS , INC ., d/b/a FITNESS FIRST and PBH FITNESS , LLC, d/ b/a FITNESS FIRST
Defendants . /
ORDE R THIS CAUSE is before the Court upon Defendant's Motion to Compel Executed Medical Authorization From Intervening Plaintiff [ DE 62] . Upon review of the written submissions, the Court file, and being otherwise duly advised in the premises, it is hereb y ORDERED AND ADJUDGED that Defendant's Motion to Compel Executed Medical Authorization From Intervening Plaintiff [ DE 62] is DENIED . Intervening Plaintiff has agreed to make the following stipulation : Intervening Plaintiff shall be precluded at trial from introducing the fact that she sought treatment or details of her treatment with Margaret Bittle . Intervening Plaintiff shall be further precluded from offering into evidence

Case 0:05-cv-61580-CMA Document 70 Entered on FLSD Docket 08/10/2006 Page 2 of 2

any medical or psychological diagnosis relating to her . Intervening Plaintiff shall only be permitted to testify as to how the termination made her feel . In light of Intervenin g Plaintiff's stipulation, her medical treatment is not at issue .
DONE AND ORDERED in Chambers, at M i Florida, this . day of Augus t 2006 .

Copies provided : Honorable Cecilia M . Altonaga Counsel of Record

WILLIAM C . TURNOF F United States Magistrate Judg e

Page 2 of 2

 
 CM/ECF - Live Database - flsd - Docket Report

Page 1 of 11

CLOSED, WCT
U.S. District Court Southern District of Florida (Ft. Lauderdale) CIVIL DOCKET FOR CASE #: 0:05-cv-61580-CMA

Equal Employment v. PH Fitness, Inc., et al Assigned to: Judge Cecilia M. Altonaga Referred to: Magistrate Judge William C. Turnoff Demand: $0 Cause: 28:1331 Federal Question

Date Filed: 09/28/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Lauren Gayle Dreilinger Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1795 Fax: 305-808-1835 Email: lauren.dreilinger@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant PH Fitness, Inc.

represented by Eric Andrew Gordon Akerman Senterfitt & Eidson 222 Lakeview Avenue 4th Floor Esperante Building West Palm Beach, FL 33401-6147 561-671-3651 Fax: 659-6313 Email: eric.gordon@akerman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sarah Marie Yoho Akerman Senterfitt & Eidson 222 Lakeview Avenue 4th Floor Esperante Building West Palm Beach, FL 33401-6147 561-653-5000 Fax: 659-6313 Email: sarah.yoho@akerman.com

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?110710897156647-L_923_0-1

5/22/2007

CM/ECF - Live Database - flsd - Docket Report

Page 2 of 11

Defendant JRRCC, Inc. Defendant PBH Fitness, LLC doing business as Fitness First
Intervenor Plaintiff Dawn Grungo
V.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Eric Andrew Gordon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sarah Marie Yoho (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Romin N. Currier Fowler White Boggs Banker 250 S Australian Avenue Suite 600 West Palm Beach, FL 33401 561-655-1100 Fax: 655-0399 Email: rcurrier@whpincuslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Hoffman Pincus William H Pincus 328 N Lakeside Court West Palm Beach, FL 33407 561-868-1340 Fax: 366-1310 Email: whpincus@lycos.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Guy Carman Icangelo, Jr. William H Pincus 328 N Lakeside Court West Palm Beach, FL 33407 561-868-1340 Fax: 366-1310 Email: gcilaw@lycos.com ATTORNEY TO BE NOTICED

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Intervenor Defendant PH Fitness, Inc.
Intervenor Defendant PBH Fitness, LLC doing business as Fitness First

Date Filed 09/28/2005 09/28/2005 09/28/2005 09/28/2005 12/13/2005 12/19/2005
01/03/2006 01/12/2006 01/17/2006
01/23/2006 01/23/2006 01/25/2006

#

Docket Text

1 COMPLAINT filed; FILING FEE waived ; Magistrate Judge William C. Turnoff (tb, Deputy Clerk) (Entered: 09/29/2005)

1 DEMAND for jury trial by Equal Employment (tb, Deputy Clerk) (Entered: 09/29/2005)

2 SUMMONS(ES) issued for JRRCC, Inc. (tb, Deputy Clerk) (Entered: 09/29/2005)

3 SUMMONS(ES) issued for PH Fitness, Inc. (tb, Deputy Clerk) (Entered: 09/29/2005)

4 AMENDED COMPLAINT by Equal Employment , (Answer due 12/23/05 for PH Fitness, Inc. ) amending [1-1] complaint adding PBH Fitness, LLC (bb, Deputy Clerk) (Entered: 12/14/2005)

5 ORDER REQUIRING SERVICE/ORDER TO SHOW CAUSE why this action should not be dismissed against Defendants for failure to perfect service of process. Response to Order to Show Cause due 1/28/06 ( Signed by Judge Cecilia Altonaga on 12/19/05) [EOD Date: 12/20/05] (bb, Deputy Clerk) (Entered: 12/20/2005)

6 Return of service unexecuted as to JRRCC, Inc. (wc, Deputy Clerk) (Entered: 01/04/2006)

7 NOTICE of filing executed waiver of service by Equal Employment (sn, Deputy Clerk) (Entered: 01/13/2006)

8 ORDER requiring scheduling report and certificates of interested parties set Scheduling meeting report due for 2/8/06 ( Signed by Judge Cecilia M. Altonaga on 1/17/06) [EOD Date: 1/18/06] (tb, Deputy Clerk) (Entered: 01/18/2006)

9 MOTION with memorandum in support by Dawn Grungo (Attorney to intervene (tb, Deputy Clerk) (Entered: 01/25/2006)

10 ANSWER and affirmative defenses by PH Fitness, Inc., JRRCC, Inc., PBH Fitness, LLC to amended complaint (sn, Deputy Clerk) (Entered: 01/25/2006)

11 ORDER granting [9-1] motion to intervene (Signed by Judge Cecilia M. Altonaga on 1/25/06) [EOD Date: 1/26/06] (sn, Deputy Clerk) (Entered: 01/26/2006)

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01/31/2006 02/02/2006 02/08/2006 02/08/2006
02/08/2006 02/09/2006
02/09/2006 02/17/2006 02/20/2006 02/20/2006 02/27/2006 02/28/2006
03/02/2006 03/06/2006

13 Certificate of interested parties and corporate disclosure statement by PH Fitness, Inc., PBH Fitness, LLC (bb, Deputy Clerk) (Entered: 02/03/2006)
12 Intervenor's COMPLAINT by Dawn Grungo against PH Fitness, Inc., PBH Fitness, LLC (nt, Deputy Clerk) (Entered: 02/02/2006)
14 Certification of interested persons and corporate disclosure statement by Equal Employment (tb, Deputy Clerk) (Entered: 02/09/2006)
15 JOINT Scheduling Report of Scheduling Meeting by Equal Employment, PH Fitness, Inc., JRRCC, Inc., PBH Fitness, LLC, Dawn Grungo, Dawn Grungo, PH Fitness, Inc., PBH Fitness, LLC 2/8/06 (tb, Deputy Clerk) (Entered: 02/09/2006)
16 Certification of interested persons and corporate disclosure statement by Equal Employment (tb, Deputy Clerk) (Entered: 02/09/2006)
17 ORDER set Jury trial for 6/11/07 before Judge Cecilia M. Altonaga , set calendar call for 9:00 6/5/07 before Judge Cecilia M. Altonaga , setting discovery deadline for 2/9/07 , set motion filing deadline for 3/9/07 , set pretrial stipulation due for 5/14/07 ( Signed by Judge Cecilia M. Altonaga on 2/8/06) [EOD Date: 2/13/06] (tb, Deputy Clerk) (Entered: 02/13/2006)
17 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Cecilia M. Altonaga on 2/8/06) [EOD Date: 2/13/06] (tb, Deputy Clerk) (Entered: 02/13/2006)
18 Certification of interested persons and corporate disclosure statement by Dawn Grungo (tb, Deputy Clerk) (Entered: 02/17/2006)
19 Answer and affirmative defenses to Count 1 of Intervenor's Complaint by PH Fitness, Inc., PBH Fitness, LLC (wc, Deputy Clerk) (Entered: 02/21/2006)
20 MOTION with memorandum in support by PH Fitness, Inc., PBH Fitness, LLC to dismiss Count II of Intervener's Complaint (wc, Deputy Clerk) (Entered: 02/21/2006)
21 MOTION by Dawn Grungo to extend time within which to respond to to defendants-in-intervention's motion to dismiss count II of her complaint (tb, Deputy Clerk) (Entered: 02/28/2006)
22 ORDER granting [21-1] motion to extend time within which to respond to to defendants-in-intervention's motion to dismiss count II of her complaint ( Signed by Judge Cecilia M. Altonaga on 2/28/06) [EOD Date: 3/1/06] (bb, Deputy Clerk) (Entered: 03/01/2006)
23 RULE 26 (a)(1)DISCLOSURES by PH Fitness, Inc., PBH Fitness, LLC (tb, Deputy Clerk) (Entered: 03/03/2006)
24 RESPONSE by Dawn Grungo in opposition to [20-1] motion to dismiss Count II of Intervener's Complaint (tb, Deputy Clerk) (Entered:

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03/10/2006 03/15/2006 03/15/2006 03/21/2006 03/30/2006 03/30/2006 04/10/2006 04/10/2006 04/11/2006 04/14/2006 04/17/2006 04/18/2006
04/21/2006 04/24/2006

03/07/2006)
25 ORDER SCHEDULING MEDIATION before Mediator: Martin A. Soll for 12/05/06 at 10:00 a.m. ( Signed by Judge Cecilia M. Altonaga on 3/10/06) [EOD Date: 3/13/06] (bb, Deputy Clerk) (Entered: 03/13/2006)
26 NOTICE to Clerk of Court to correct contact information by PBH Fitness, LLC, PH Fitness, Inc. (tb, Deputy Clerk) (Entered: 03/16/2006)
27 REPLY MEMORANDUM by PBH Fitness, LLC, PH Fitness, Inc. in support of [20-1] motion to dismiss Count II of Intervener's Complaint (tb, Deputy Clerk) (Entered: 03/17/2006)
28 MOTION with memorandum in support by PH Fitness, Inc., PBH Fitness, LLC to compel intervening plaintiff's Rule 26 initial document disclosure (tb, Deputy Clerk) (Entered: 03/22/2006)
29 Notice of compliance: by PBH Fitness, LLC, PH Fitness, Inc. with FRCP 26(a)(1) Disclosures (wc, Deputy Clerk) (Entered: 03/30/2006)
30 ORDER granting [20-1] motion to dismiss Count II of Intervener's Complaint ( Signed by Judge Cecilia M. Altonaga on 3/30/06) [EOD Date: 3/31/06] (bb, Deputy Clerk) (Entered: 03/31/2006)
31 AMENDED COMPLAINT by Dawn Grungo , (Answer due 4/20/06 for PH Fitness, Inc., for JRRCC, Inc., for PBH Fitness, LLC ) amending [41] amended complaint (tb, Deputy Clerk) (Entered: 04/10/2006)
32 MOTION by Dawn Grungo to extend time to respond to defendants' discovery (tb, Deputy Clerk) (Entered: 04/11/2006)
33 NOTICE to Clerk of Court to correct contact information by Equal Employment (tb, Deputy Clerk) (Entered: 04/12/2006)
34 RESPONSE by PBH Fitness, LLC, PH Fitness, Inc. to [32-1] motion to extend time to respond to defendants' discovery (tb, Deputy Clerk) (Entered: 04/17/2006)
35 ORDER granting [32-1] motion to extend time to respond to defendants' discovery ( Signed by Magistrate Judge William C. Turnoff on 4/14/06) [EOD Date: 4/18/06] (tb, Deputy Clerk) (Entered: 04/18/2006)
36 NOTICE OF HEARING Motion hearing before Magistrate Judge William C. Turnoff set for 2:00 4/24/06 for [28-1] motion to compel intervening plaintiff's Rule 26 initial document ( Signed by Magistrate Judge William C. Turnoff on 4/18/06) [EOD Date: 4/19/06] (wc, Deputy Clerk) (Entered: 04/19/2006)
37 ORDER Cancelling hearing on defendants' motion to compel set for 4/24/06 2:00 PM ( Signed by Magistrate Judge William C. Turnoff on 4/20/06) [EOD Date: 4/24/06] (tb, Deputy Clerk) (Entered: 04/24/2006)
38 ORDER denying as moot [28-1] motion to compel intervening plaintiff's Rule 26 initial document disclosure ( Signed by Judge Cecilia M. Altonaga on 04/24/06) [EOD Date: 4/25/06] (bb, Deputy Clerk) (Entered:

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04/26/2006 04/30/2006 04/30/2006 04/30/2006 05/10/2006 05/15/2006 05/15/2006 05/15/2006 05/22/2006 05/24/2006
05/24/2006 05/24/2006 05/25/2006 05/26/2006

04/25/2006)
39 MOTION with memorandum in support by PBH Fitness, LLC, PH Fitness, Inc. to dismiss amended complaint (tb, Deputy Clerk) (Entered: 04/28/2006)
40 MOTION with memorandum in support by Dawn Grungo to compel better responses to intervener plaintiff's request to produce (tb, Deputy Clerk) (Entered: 05/02/2006)
41 MOTION with memorandum in support by Dawn Grungo to compel better responses to intervener plaintiff's financial interrogatories (tb, Deputy Clerk) (Entered: 05/02/2006)
42 MOTION with memorandum in support by Dawn Grungo to compel better responses to intervener plaintiff's punitive damages request to produce (tb, Deputy Clerk) (Entered: 05/02/2006)
43 RESPONSE by Dawn Grungo to [39-1] motion to dismiss amended complaint (tb, Deputy Clerk) (Entered: 05/11/2006)
44 RESPONSE by PH Fitness, Inc. to [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce (tb, Deputy Clerk) (Entered: 05/16/2006)
45 RESPONSE by PH Fitness, Inc. to [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce (tb, Deputy Clerk) (Entered: 05/16/2006)
46 RESPONSE by PH Fitness, Inc. to [41-1] motion to compel better responses to intervener plaintiff's financial interrogatories (tb, Deputy Clerk) (Entered: 05/16/2006)
47 MOTION by Dawn Grungo to extend time reply to defendants responses to three pending motions to compel (dj, Deputy Clerk) (Entered: 05/24/2006)
48 ORDER granting [47-1] motion to extend time reply to defendants responses to three pending motions to compel ( Signed by Judge Cecilia M. Altonaga on 5/24/06) [EOD Date: 5/25/06] (tb, Deputy Clerk) (Entered: 05/25/2006)
50 RESPONSE AND MEMORANDUM OF LAW by PH Fitness, Inc., PBH Fitness, LLC in opposition to [43-1] motion to amend complaint (lh, Deputy Clerk) (Entered: 05/26/2006)
73 MOTION by PBH Fitness, LLC, PH Fitness, Inc. (Attorney ) to compel intervening plaintiff's better responses to interrogatories (dg, Deputy Clerk) (Entered: 09/25/2006)
49 ORDER granting [39-1] motion to dismiss amended complaint denying [43-1] motion response ( Signed by Judge Cecilia M. Altonaga on 5/25/06) [EOD Date: 5/26/06] (tb, Deputy Clerk) (Entered: 05/26/2006)
51 REPLY by Dawn Grungo to response to [41-1] motion to compel better

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05/26/2006 05/26/2006 06/01/2006 06/01/2006 06/02/2006 06/02/2006
06/05/2006 06/06/2006 06/15/2006 06/15/2006 07/10/2006 07/14/2006

responses to intervener plaintiff's financial interrogatories (lh, Deputy Clerk) (Entered: 05/30/2006)
52 REPLY by Dawn Grungo to response to [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce (lh, Deputy Clerk) (Entered: 05/30/2006)
53 REPLY by Dawn Grungo to response to [40-1] motion to compel better responses to intervener plaintiff's request to produce (lh, Deputy Clerk) (Entered: 05/30/2006)
54 MOTION by Equal Employment (Attorney ) to amend [1-1] complaint (lh, Deputy Clerk) (Entered: 06/01/2006)
55 MOTION by Dawn Grungo (Attorney ) to amend [12-1] intervenor complaint, [31-1] amended complaint (lh, Deputy Clerk) (Entered: 06/01/2006)
56 ORDER granting [54-1] motion to amend [1-1] complaint ( Signed by Judge Cecilia M. Altonaga on 6/1/06) [EOD Date: 6/5/06] (lk, Deputy Clerk) (Entered: 06/05/2006)
57 SECOND AMENDED COMPLAINT by Dawn Grungo, Equal Employment , (Answer due 6/12/06 for PH Fitness, Inc., for JRRCC, Inc., for PBH Fitness, LLC, for PH Fitness, Inc., for PBH Fitness, LLC ) amending [4-1] amended complaint (lk, Deputy Clerk) (Entered: 06/05/2006)
58 RESPONSE by Dawn Grungo to [28-1] motion to compel better interrogatory response (lh, Deputy Clerk) (Entered: 06/05/2006)
59 ORDER granting [55-1] motion to amend [12-1] intervenor complaint, [31-1] amended complaint ( Signed by Judge Cecilia M. Altonaga on 6/6/06) [EOD Date: 6/7/06] (lk, Deputy Clerk) (Entered: 06/07/2006)
60 ANSWER AND AFFIRMATIVE DEFENSES by PBH Fitness, LLC, PH Fitness, Inc. (Attorney ) to second amended complaint (lh, Deputy Clerk) (Entered: 06/16/2006)
61 REPLY by PBH Fitness, LLC, PH Fitness, Inc. to response to motion to compel better responses to intervener plaintiff's interrogatories (lh, Deputy Clerk) (Entered: 06/16/2006)
62 MOTION with memorandum in support by PBH Fitness, LLC, PH Fitness, Inc. to compel executed medical authorization from intervening plaintiff (dg, Deputy Clerk) (Entered: 07/12/2006)
63 ORDER granting in part, denying in part [40-1] motion to compel better responses to intervener plaintiff's request to produce granting in part, denying in part [41-1] motion to compel better responses to intervener plaintiff's financial interrogatories granting in part, denying in part [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce ( Signed by Magistrate Judge William C. Turnoff on 07/14/06) [EOD Date: 7/17/06] (bs, Deputy Clerk) (Entered:

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07/24/2006 08/01/2006 08/03/2006 08/03/2006 08/04/2006 08/08/2006 08/09/2006
09/11/2006 09/21/2006 10/17/2006 10/17/2006 10/26/2006 10/26/2006 11/08/2006 11/16/2006

07/17/2006)
64 RESPONSE by Dawn Grungo in opposition to [62-1] motion to compel executed medical authorization from intervening plaintiff (lh, Deputy Clerk) (Entered: 07/26/2006)
65 REPLY by PBH Fitness, LLC, PH Fitness, Inc. to response to [62-1] motion to compel executed medical authorization from intervening plaintiff (lh, Deputy Clerk) (Entered: 08/03/2006)
66 Notice of compliance: by PBH Fitness, LLC, PH Fitness, Inc. with [63-1] order (lh, Deputy Clerk) (Entered: 08/04/2006)
67 NOTICE of filing proposed joint confidentiality order by PBH Fitness, LLC, PH Fitness, Inc. (lh, Deputy Clerk) (Entered: 08/04/2006)
68 JOINT CONFIDENTIALITY ORDER ( Signed by Judge Cecilia M. Altonaga on 8/4/06) [EOD Date: 8/7/06] (lk, Deputy Clerk) (Entered: 08/07/2006)
69 Supplemental Rule 26(a)(1) Disclosure Witness list by PH Fitness, Inc., PBH Fitness, LLC (Former Deputy Clerk) (Entered: 08/08/2006)
70 ORDER denying [62-1] motion to compel executed medical authorization from intervening plaintiff ( Signed by Magistrate Judge William C. Turnoff on 8/8/06) [EOD Date: 8/10/06] (lk, Deputy Clerk) (Entered: 08/10/2006)
71 MOTION by PH Fitness, Inc. (Attorney ) for clarification of [70-1] order (Former Deputy Clerk) (Entered: 09/12/2006)
72 NOTIFICATION of 90 days expiring of the motion to compel intervening plaintiff's better responses to interrogatories by PBH Fitness, LLC, PH Fitness, Inc. (lk, Deputy Clerk) (Entered: 09/22/2006)
74 ORDER granting in part and denying in part 73 Motion to Compel . Signed by Judge William C. Turnoff on 10/17/06. (lc2) (Entered: 10/17/2006)
75 ORDER requiring response by 10/23/06.. Signed by Judge William C. Turnoff on 10/17/06. (lc2) (Entered: 10/17/2006)
76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce by Dawn Grungo. Responses due by 11/9/2006 (Currier, Romin) (Entered: 10/26/2006)
77 ORDER granting 71 Motion for Clarification . Signed by Judge William C. Turnoff on 10/26/06. (lc2) (Entered: 10/26/2006)
78 RESPONSE to Motion re 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce filed by PBH Fitness, LLC. Replies due by 11/16/2006. (Yoho, Sarah) (Entered: 11/08/2006)
79 REPLY to Response to Motion re 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce filed by Dawn

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11/27/2006 11/28/2006 12/01/2006 12/04/2006 12/14/2006 12/21/2006 12/22/2006 01/02/2007 01/03/2007
01/04/2007
01/05/2007 01/10/2007

Grungo. (Attachments: # 1 Exhibit "A")(Pincus, William) (Entered: 11/16/2006)
80 NOTICE of Hearing on Motion 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce: Motion Hearing set for 12/19/2006 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff. (lc2) (Entered: 11/27/2006)
81 MOTION for Hearing re 80 Notice of Hearing on Motion by Dawn Grungo. (Icangelo, Guy) (Entered: 11/28/2006)
82 ORDER granting 81 Motion to Re-Set Hearing . Signed by Judge William C. Turnoff on 12/1/06. (lc2) (Entered: 12/01/2006)
Reset Deadlines as to 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce per 82 order. Motion Hearing set for 1/4/2007 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff. (hd) (Entered: 12/04/2006)
83 ORDER on Mediation Results; parties are to file mediation results by 12/22/06. Signed by Judge Cecilia M. Altonaga on December 14, 2006. (ps1) (Entered: 12/14/2006)
84 Notice of Mediation Hearing onJanuary 18, 2007 before Mediator, Martin A. Sollfiled by Martin A. Soll.(Soll, Martin) (Entered: 12/21/2006)
85 Notice of Mediation Hearing onJanuary 18, 2007 before Mediator, Martin A. Sollfiled by Martin A. Soll.(Soll, Martin) (Entered: 12/22/2006)
86 NOTICE by Dawn Grungo re 80 Notice of Hearing on Motion (FILING DOCUMENTS IN SUPPORT OF MOTION TO COMPEL) (Attachments: # 1 Exhibit "1"# 2 Exhibit "2")(Pincus, William) (Entered: 01/02/2007)
87 RESPONSE in Opposition re 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce (NOTICE OF FILING DOCUMENTS) filed by PH Fitness, Inc., PBH Fitness, LLC. (Attachments: # 1 Exhibit "1"# 2 Exhibit "2"# 3 Exhibit "3"# 4 Exhibit "4"# 5 Exhibit "5")(Gordon, Eric) (Entered: 01/03/2007)
Text Minute Entry for proceedings held before Judge William C. Turnoff : Motion Hearing held on 1/4/2007 re 81 MOTION for Hearing re 80 Notice of Hearing on Motion filed by Dawn Grungo. Attending: Lauren Dreilinger, Esq.; Eric Gordon, Esq. William Pincus, Esq. (Tape #07G-1-1117.) (mpc) (Entered: 01/04/2007)
88 ORDER deeming moot 76 Motion to Compel . Signed by Judge William C. Turnoff on 1/5/07. (lc2) (Entered: 01/05/2007)
89 Notice of Mediation Hearing onJanuary 18, 2007 before Mediator, Martin A. Sollfiled by Martin A. Soll.(Salmon, John) (Entered: 01/10/2007)

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01/17/2007 01/29/2007 02/05/2007 02/05/2007 02/08/2007 02/09/2007
02/12/2007 03/09/2007 03/09/2007
03/09/2007
03/21/2007
03/22/2007

90 Witness List - Supplemental Disclosures Pursuant to Rule 26(A)(1) by Dawn Grungo.. (Pincus, William) (Entered: 01/17/2007)
91 ORDER on Mediation Results; the parties are to file the results of the mediation conference that was scheduled for January 18, 2007 by February 5, 2007. Signed by Judge Cecilia M. Altonaga on January 29, 2007 (ps1) (Entered: 01/29/2007)
92 REPORT of Mediation Disposition: Impasse(Dreilinger, Lauren) (Entered: 02/05/2007)
93 Witness List - Joint Second Supplemental Disclosures Pursuant to Rule 26(A)(1) of Federal Rules of Civil Procedure by US EEOC and by Dawn Grungo.. (Pincus, William) (Entered: 02/05/2007)
94 Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Dreilinger, Lauren) (Entered: 02/08/2007)
95 ORDER granting in part 94 Motion for Extension of Time to Conduct Depositions; the discovery cut-off date is extended to March 30, 2007; the remaining pre-trial deadlines remain in effect. Please see order for details.Signed by Judge Cecilia M. Altonaga on February 9, 2007 (ps1) (Entered: 02/09/2007)
Per 95 order, reset Discovery for 3/30/2007. (hd) (Entered: 02/12/2007)
96 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Defendant PBH Fitness, LLC and by PH Fitness, Inc.. Responses due by 3/23/2007 (Gordon, Eric) (Entered: 03/09/2007)
97 Statement of: Undisputed Material Facts In Support of Defendants' Motion for Summary Judgment filed by Defendants PBH Fitness, LLC and by PH Fitness, Inc. re 96 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Defendant PBH Fitness, LLC and. (Gordon, Eric) (Entered: 03/09/2007)
98 NOTICE by PH Fitness, Inc. re 96 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Defendant PBH Fitness, LLC and PH Fitness, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Gordon, Eric) (Entered: 03/09/2007)
99 Joint MOTION Approval of Consent Decree by Equal Employment Opportunity Commission, Dawn Grungo, PBH Fitness, LLC, PH Fitness, Inc. (Attachments: # 1 Text of Proposed Order Consent Decree # 2 Stipulation of Dismissal # 3 Text of Proposed Order Adopting Joint Stipulation for Dismissal# 4 Appendix Certificate of Service)(Dreilinger, Lauren) Modified to add attachment description and filers on 3/22/2007 (nt). (Entered: 03/21/2007)
100 CONSENT DECREE granting 99 Joint Motion for Approval of Consent Decree. Signed by Judge Cecilia M. Altonaga on 3/22/2007. (ls) (Entered: 03/22/2007)

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03/22/2007 03/22/2007

101 FINAL ORDER re 99 Joint Stipulation for Dismissal filed by Equal Employment Opportunity Commission, Dismissing Matter with prejudice, denying as moot 96 MOTION for Summary Judgment filed by Defendant PBH Fitness, LLC and filed by PH Fitness, Inc., Closing Case.Signed by Judge Cecilia M. Altonaga on 3/22/2007.(ls) (Entered: 03/22/2007)
102 Notice of Docket Correction: Added attachment description and additional filers re 99 Joint MOTION Approval of Consent Decree filed by Equal Employment Opportunity Commission, PH Fitness, Inc., PBH Fitness, LLC, Dawn Grungo (nt) (Entered: 03/22/2007)

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