Case 1:98-cv-00202-DMM Document 1 Entered on FLSD Docket 02/02/1998 Page 1 of 6

0 0 0 . FIONRTTHHEEUSNOIUTTEHDESRTNATDEISSTDRIICSTT~ ~C!D ~ijAl (fill

(llfl

MIAMI CIV DIVISION -MIDDLEBROOKS

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

AEROMAR AIRLINES, INC.,

)

)

______________D__ef_en_d_a_nt_. ___________))

lf,AGISTRATE JUDGE
fi'URNOFF

.oc.n~On

U) Q)

~;:.... (....

:'="71

o~:::::.' :llli
CIVIL ACTION N{):lc: ~- z

COMPLAINT

~- \.

(..)

r-Vl'··· Q

>" '--

. Oc· :-.

i~E~ :~:

JURY TRIAL DE~ ~

INJUNCTIVE RE

S

} ·'

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act of 1967, as amended (the "ADEA"), to correct unlawful employment practices on the basis of age and to provide appropriate relief to Emma Mendez. As stated with greater particularity in paragraph 7 below, the Equal Employment Opportunity Commission ("EEOC" or the "Commission") alleges that Aeromar Airlines, Inc., violated the ADEA when it subjected Emma Mendez, then age 49, to harassment and subsequently laid her off because of her age.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"), which incorporates by reference Section 16(c) of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. § 216(c).

Case 1:98-cv-00202-DMM Document 1 Entered on FLSD Docket 02/02/1998 Page 2 of 6
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, Miami Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, Aeromar Airlines, Inc. (the "Employer"), has continuously been a Florida corporation doing business in the State of Florida and the City of Miami, and has continuously had at least 20 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conferences and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
2

Case 1:98-cv-00202-DMM Document 1 Entered on FLSD Docket 02/02/1998 Page 3 of 6
STATEMENT OF CLAIMS 7. Since at least April of 1996, the Defendant Employer engaged in unlawful employment practices at its Miami, Florida, facility in violation of Section 4(a) of the ADEA, 29 U.S.C. § 623(a), by subjecting Emma Mendez to harassment and subsequently laying her off because of her age. Emma Mendez was 49 years old in April of 1996. She had been employed in Defendant's Sales Department for approximately four years and was qualified for her position of Sales Manager and the positions of Sales Person, which she supervised. Emma Mendez was also qualified for the Account Executive position in Defendant Employer's Sales Department. From approximately April to October of 1996, Defendant subjected Emma Mendez to harassment in the form of derogatory, age-related comments. Subsequently, on October 7, 1996, Defendant laid off Emma Mendez because of her age and reassigned her duties to significantly younger individuals. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Emma Mendez of equal employment opportunities and otherwise adversely affect her status as an employee because of her age. 9. The unlawful employment practices complained of in paragraph 7 above were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in
3

Case 1:98-cv-00202-DMM Document 1 Entered on FLSD Docket 02/02/1998 Page 4 of 6
policies and/or practices of harassing and/or laying off individuals because of their age, or engaging in any other employment practices which discriminate on the basis of age against individuals 40 years of age and older.
B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its unlawful employment practices.
C. Grant a judgment requiring Defendant Employer to pay appropriate back wages in an amount to be determined at trial and an equal sum as liquidated damages and prejudgment interest to individual(s) whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to, paying wages to Emma Mendez.
D. Order Defendant Employer to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to, reinstatement and/or front pay for Emma Mendez.
E. Grant such further relief as the Court deems necessary and proper in the public interest.
F. 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.
4

Case 1:98-cv-00202-DMM Document 1 Entered on FLSD Docket 02/02/1998 Page 5 of 6
C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EVE G. LOWE (Acting) Regional Attorney
Trial Atto y r No. 0053228
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., #2700 Miami, FL 33131 (305) 530-6005 (305) 530-7660
5

SH~ 8 - 2 0 2 Case 1:98-cv-00202-DMM Document 1 Entered on FLSD Docket 02/02/1998 Page 6 of 6 CIVIL COVER

' The JS-44 cPo~d "'iTed rulrs of court.

cover sheet and th~
Th1s form. approved

,ntormauon conta'~ heretn nre1ther replace nor
by the Jud•c•al Conference of the Un•ted States

w~ement the film~•nd-~rv.c*lm~Jmiv~~Y,Q.d by toeaJ

'" Se-ptrmber 1~s

f

f C of r~

~~'-.t\!Jvil docket

l ' • sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM. I

\_.A .

..J ~

I (a) PLAINTIFFS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

A-ooe;:;;;;;;z,;;;M- (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF

tvcr

DEFENDAN~ IS. 'GISTRATE JUDGE AERo·MA R ..!JKIRM(ill~JS , INC .
"Tf .
• o U) :=:
. .::;0 Q) ,.,
COUNTY OF RESIDENCE OF FIRST LISTED~~T ~;;r~ a~
•o"~~"~~g;:~:~W

(c) .ACnhoaR'·•.·,EeYlS (FIRM NA.".,E, ADDRESS, AND TELEPHONE NUMBER) E V e G. ATIORNEYS (IF KNOWN)

Lowe /Ml

J. Farrell Tel. (305)~30-600p

~EE0 CIR,~L1il B~5ii¥sNcRTa~y~n~le·i~Tt oAwCeTr~J, : ~11i2o7s0l0?· 3 3 1 31

~ADE~MONROE BROWARD PALM BEACH, MARTIN, ST. LUCIE, INDIAN RIVER,

V _.t:r2~~C·: :.:.C. ,...~- ~ '!!"
~ ~..., _
-=;=« ....
OKEECHOBEE,~IGHLANDS

II. BASIS OF JURISDICTION

II'Ua AN . . . ONE lOX CIO&.Y)

€ 1 U.S. Government
Plaintiff

0 3 Fedetel Qu.tlon (U.S. Govemment Nol a Party)

:::: 2 U.S. Government Defendant

0 4 Diversity (lnd1ca1e C1bzensh1p of Part1es 1n llem Ill)

Ill. CITIZENSHIP OF PRINCIPAL PARTIES

IP\.Aa AN . . . COlE-

(For Diversity Cases Only)

FOfl ~F AND ONE lOX FOR DEF£NDioHT)

Citizen of Thie Stele

PTF DEF 01 01

Citizen of Another Stete 02 02

Citizen or Subject of •
Foreign Country

03 03

lnc:orporeted w Prlnclpel 1"'ot Busl- In Thll Stele
Incorporated and Prlnciplll Piece of Busl- In Another State
Foreign N8tlofl

PTF DEF 04 04
05 05
01 01

IV. CAUSE OF ACTION T h i s i s a n (CITE T><E us CMl STATUTE UNDER M<IO< YOU AilE FLJNG AHO WRITE A 8AIEF STATEMENT OF CAUSE

e i s c r i mi n a t i o n A g oo HOT :"• JURISDICTIONAl sTATUTEs uouss OM;ASITY)

D

in

Em p 1 o y men t

Ac t

of

to correct unlawful employment practices on the basis of age

appropriate relief to Emma Mendez.

IVa._ 5 days estimated (for both sides) to try entire case.

action under The 1967, as amended, and to provide

v. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY)

A CONTRACT

A

TORTS

B RlRFEITURf ll'EIWTY

A IANKRUPTCl

A OTHER STATUTES

~ 11 0 lnsyt .ance =:J 120 Manne ~ 130 Ydler 4c1
:J 140 Negotiable lnstrumenl ~ 150 Recovery or e>.-erpayment
& EnfOtcement ot
,I•Jdgment
::::151Me<loca<e"-<'
B :::: 152 Recovery of Delauneo Stuoent Loans
(Excl Veterans)
B :::: 153 Recovery of O.e<;10ymer>t of Veterans Benehts CJ 160 S1ocl<holden Suos =:::: 190 Olner Controct 195 C<Jn"oct P<Odud lAI>ototy
A REAL PROPERTY

P£RSONAL INJURY

P£RSONAL INJURY

:::: 31 0 ""P'ane ::::315 ~ PrO<luc1
..,_ty
0 320 Aooou•. I.Jbel &

CJ 362 POBONI ~-
Mod Malprocuee
0 385 Ptnona! ln(uty-
Produd~

Slander
C 330 FOOO<al Em(lioyers
::::340....,._..t,.y

0 368 Asbestos Pet'XII'\al ......... PrOduCt ..-ry

:::: 345 - Produd
'--'Y
0 350 - VeNcill 0 355 - VeNcill
Proclud..-ry
......, LJ 360 Olhet Ptnona!

P£RSONAL PROP£r.TY

0 370 Ot>er F.-.ud

B

0 371 "tullt .. lArdn; 0 380 Olhet p.,._..,

Prnperty o..._

0 315 Prnperty o..._

Produd~

A CIVIL RIGHTS

B PRISONER I'ETITIDNS

c.; li!{I Agncunuro CJ 620 Olher Food & Drug
C 625 Drug Related SeiZure of
Property 21 USC 881
0 630 Liquor Laws 0 640 R R & Trud< ::=; 650 Alrl1ne R8QS
0 660 ~'r.ty~~l1tl
~ 690 Olher

A

LABOR

-0710Ftllfl.Jillot-
o Ad
B 120 LabottMgml
0 730 l.abot/Mgml

Roponmg &

~-Ad

0 422 Alli>MI 21 usc 158

0

4

2213us-c

-
157

A PROPERTY RIGHTS
0 120 CClpynghls
0130P~tent
01401t-
B SOCIAL RCURITY
ON1 HIAft_,
0 812 111..:1< Lung (11231 0 863 DIWCIOIWW(.a5<11)1 0 884 S$10 TOio XVI
OMS ASit~l

0400sc..
-andAelipponlol oment
0410-...
B 00 443500 Common:e/-IC.Cg_ ,
0 4eo Ooponation 0470-.r--
Com.lpl~
0810 -.s.r-
0850~/~/ E-.g.
0875c--~
12 usc 3410
0811~·08t2ec.-nic-
Acl 0813~--
0 1M E'*!IY- Acl

C: 210 Land Condemnol""'
B =220 ForecloSure =230 Rent Lease & E,ec1ment =240 Tons to Land
CJ 245 Ton PrOOuct lJabokl'( 0 210 AI Odwr AMI Property

CJ 441 '-'0
1C1J4'4:3!4-4.2vE;-nt
Aoc::omtnodatiOf'IS
C 444 Wel•e CJ 440 Ot>er CM1 Roghts

C510-.ons.,-... s.-nc.
Hebeu~s
CS30 General C::535 Doa<l1 , _ '*C 540 Mencsamus & Ot."*
[J 550Civil Ri9-I>U
*A or 8

0 740 RMwr,l.JIIIot
Acl
0 790 Olhet Labor
~
B 0 791 Empl Ret Inc
Secunty Acl

A FEDERAL TAX SUITS
0870Tauo(US.or Delondoncl
0 871 IRS- T!wd Pony
2&USC7e011-

0895 F ....,-_aAl d 0 100 AjlpMI al FM
~Equel-10
0 950 ConolltuoonUty al
* -0 890 Olhet SW.-y
--- *A-.Or B

VI. ORIGIN

(PLACE AN x IN ONE BOX ONLY)

Appeal to Dlstnct

Transferred from

0 7 Judge from

:!9 1 Ong1na1

C 2 Removed from

o 3 Remanded from

:::: 4 Reftled 0 5 another distnct

0 IS Mullldtslricl

Magistrate

Proceedmg

State Court

Appellate Coun

(specify)

Utigation

..kldgment

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTlON

COMPLAINT:

0 UNDER FR.C P 23

DEMAND$

Check YES only if demanded in complaint:

JURY DEMA~D:

o 10 YES

NO

VIII. RELATED CASE(S) (See instructions): IF ANY

JUDGE - - - - - - - - - - - D O C K E T N U M B E " - - - - - - - - - - -

DATE

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

Receipt lo. _ _ _ _ _ _ _ Aaount: _ _ _ __
/
Date Paid:_ _ _ _ _ _ _ _ 11/ifp:_ _ _ __

 
 Case 1:98-cv-00202-DMM Document 17 Entered on FLSD Docket 06/03/1998 Page 1 of 1
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 98-0202-CIV-MIDDLEBROOKS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs. AEROMAR AIRLINES,
Defendants.
------------------------------~/
ORDER This Cause comes before the Court upon Defendant's Motion to Join Indispensable Party and For Leave to Amend Answer to Allege a Counterclaim (DE # 8). The Court has reviewed the pertinent portions of the record and is otherwise fully advised in the premises. Upon review, it appears as though joinder of Ms Mendez as a party is not proper under Rule 19(a) ofthe Federal Rules ofCivil Procedure, and that the proposed counterclaim is unwarranted pursuant to Rule I3(a) ofthe Federal Rules ofCivil Procedure. Accordingly, it is hereby ORDERED AND ADJUDGED as follows; I. Defendant's Motion to Join Indispensable Party (DE# 8-1) is hereby DENIED. 2. Defendant's Motion For Leave to Amend Answer to Allege a Counterclaim (DE# 8-2) is hereby DENIED.
DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE

 
 Case 1:98-cv-00202-DMM Document 21 Entered on FLSD Docket 10/21/1998 Page 1 of 6

(

FILED by \JJC..,/ D.C.

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

OCT 1 6 1998
t:ARL<n; JIIENKE CLERK U.S. DIST. ~T. S. 0. QF FLA· • MIAMI

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

V.

)

)

AEROMAR AIRLINES, INC.,

)

)
_____________D_ef_en_d_an_t.__________ ))

CIVIL ACTION NO. 98-202-CIVMIDDLEBROOKS
AMENDED COMPLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act of 1967, as amended (the "ADEA''), to correct unlawful employment practices on the basis of age and to provide appropriate relief to Emma Mendez. As stated with greater particularity in paragraphs 7 and 8 below, the Equal Employment Opportunity Commission ("EEOC" or the "Commission") alleges that Aeromar Airlines, Inc., violated the ADEA when it subjected Emma Mendez, then age 49, to harassment and subsequently laid her offbecause of her age. Moreover, the Commission alleges that Defendant retaliated against Emma Mendez in violation of the ADEA because she continued to pursue her rights under this lawsuit.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,
18

Case 1:98-cv-00202-DMM Document 21 Entered on FLSD Docket 10/21/1998 Page 2 of 6
(
1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) ofthe Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"), which incorporates by reference Section 16(c) ofthe Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. § 216(c).
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, Miami Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) ofthe ADEA, 29 U.S.C. § 626(b), as amended by Section 2 ofReorganization Plan No. 1 of 1978,92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, Aeromar Airlines, Inc. (the "Employer"), has continuously been a Florida corporation doing business in the State of Florida and the City of Miami, and has continuously had at least 20 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11 (b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance
19

Case 1:98-cv-00202-DMM Document 21 Entered on FLSD Docket 10/21/1998 Page 3 of 6
(
with the ADEA through informal methods of conciliation, conferences and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 7. Since at least April of 1996, the Defendant Employer engaged in unlawful employment practices at its Miami, Florida, facility in violation of Section 4(a) ofthe ADEA, 29 U.S.C. § 623(a), by subjecting Emma Mendez to harassment and subsequently laying her off because of her age. Emma Mendez was 49 years old in April of 1996. She had been employed in Defendant's Sales Department for approximately four years and was qualified for her position of Sales Manager and the position of Sales Person, which she supervised. Emma Mendez was also qualified for the Account Executive position in Defendant Employer's Sales Department. From approximately April to October of 1996, Defendant subjected Emma Mendez to harassment in the form of derogatory, age-related comments. Subsequently, on October 7, 1996, Defendant laid off Emma Mendez because of her age and reassigned her duties to significantly younger individuals. 8. Defendant Employer engaged in unlawful employment practices in violation of Section 4(d) of the ADEA, 29 U.S.C. § 623(d), by retaliating against Emma Mendez because she opposed Defendant's age discrimination and she filed a charge, and/or participated in the investigation or litigation with respect to her charge. Defendant's retaliation included threatening Ms. Mendez in March 1998, that if she did not drop this lawsuit she would be "tom to shreds." Moreover, when Ms. Mendez continued to pursue her rights under this litigation,
20

Case 1:98-cv-00202-DMM Document 21 Entered on FLSD Docket 10/21/1998 Page 4 of 6
(
Defendant filed a state court action against Ms. Mendez on July 17, 1998, because she had continued to pursue her rights under this lawsuit.
9. The effect of the practices complained of in paragraphs 7 and 8 above has been to deprive Emma Mendez of equal employment opportunities and otherwise adversely affect her status as an employee and individual because of her age and/or in retaliation for her opposition to Defendant's unlawful employment practices.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were willful within the meaning of Section 7(b) ofthe ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in policies and/or practices of harassing and/or laying off individuals because of their age, or engaging in any other employment practices which discriminate on the basis of age against individuals 40 years of age and older, including retaliating against employees who are pursuing their rights under the ADEA. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its unlawful employment practices. C. Grant a judgment requiring Defendant Employer to make whole Emma Mendez
21

Case 1:98-cv-00202-DMM Document 21 Entered on FLSD Docket 10/21/1998 Page 5 of 6
(
and pay appropriate back wages in an amount to be determined at trial and an equal sum as liquidated damages and prejudgment interest to individual(s) whose wages are being unlawfully withheld as a result ofthe acts complained of above, including but not limited to, paying wages to Emma Mendez.
D. Order Defendant Employer to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to, reinstatement and/or front pay for Emma Mendez.
E. Grant a permanent injunction enjoining Defendant's state court action filed against Emma Mendez on July 17, 1998, and enjoining any other retaliatory acts taken against Ms. Mendez because she has continued to pursue her rights under the ADEA and this lawsuit.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs ofthis action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
22

Case 1:98-cv-00202-DMM Document 21 Entered on FLSD Docket 10/21/1998 Page 6 of 6
(
DELN ER FRANKLIN-THOMAS Regional Attorney EVEG. LOWE Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., #2700 Miami, FL 33131 Tel. (305) 530-6009 Fac. (305) 530-7660
23

 
 Case 1:98-cv-00202-DMM Document 20 Entered on FLSD Docket 10/21/1998 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 98-0202-CIV-MIDDLEBROOKS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

vs.

AEROMAR AIRLINES,

Defendants.
----------------------------------------------~/
ORDER

This Cause comes before the Court upon Plaintiffs Emergency Motion for Preliminary

Injunction, filed in this Court on October 9, 1998 (DE#18). In its Order Dated October 15, 1998

(DE# 19), the Court set this Motion for argument on Friday, October 16, 1998, and granted

Plaintif:fs Motion for Leave to Amend Complaint. The Court has heard argument on the Motion

for a Preliminary Injunction, has reviewed the pertinent portions of the record and is otherwise

fully advised in the premises.

Upon review, it is ORDERED AND ADJUDGED as follows:

1. For the reasons stated on the record in open court at the Hearing on this Motion,

Plaintiffs Emergency Motion for Preliminary Injunction is hereby DENIED WITHOUT

PREJUDICE.

2. Plaintiffs Amended Complaint, attached as Exhibit G to Plaintiffs Emergency Motion

for Preliminary Injunction, is hereby deemed filed as of October 16, 1~

tf DONE AND ORDERED in Chambers at Miami, Florid is

day of October,

1998.

DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE

Copies To: Gedety Serralta, Esq. Maidenly Sotuyo-Macaluso, Esq.

 
 Case 1:98-cv-00202-DMM Document 56 Entered on FLSD Docket 04/23/1999 Page 1 of 9

UNITED STATES DISTRICT COURT SOUTHER.'i' DISTRICT OF FLORIDA

FILED BY

D.C.

99 APR 20 PH 1: ~9

MIAMI DIVISION EQUAL EMPLOYMENT OPPORTUNITY

Ct\1\Ll:S J~UII\E CLERK U.S. DIST. CT.
S.D. OF fLf•. -HIAHI f}

COMMISSION.

CIVIL ACTION NO.

98-202-CIV -MIDDLEBROOKS

v.

AEROMAR AIRLINES INC.,

Defendant.

SETTLEMENT AGREEMENT The Equal Employment Opportunity Commission, Plaintiff ("EEOC"), filed this action on January 30,1998, alleging a violation of Section 4(d) of the Age Discrimination in Employment Act ("ADEA'') of 1967, 29 U.S.C. Section 623(d). Whereas, the parties desire to settle this matter as a compromise of a disputed and contested claim without any admission of liability. The Court approves this Settlement Agreement (hereinafter referred to as "Settlement"). Therefore, it is ORDERED that: 1. This Court has Jurisdiction over the parties and subject matter of this action. 2. Venue is proper. 3. There have been no findings by the Court as to whether Defendant has violated the ADEA or any other law, regulation or agreement. This Agreement will not constitute evidence of any violation of the ADEA, or any other law, regulation or agreement. By agreeing to and entering voluntarily into this Settlement Agreement, there is no admission, express or implied, that Defendant

G:\DMZ\73801\11996\0232283.05 ,a,9t99

Case 1:98-cv-00202-DMM Document 56 Entered on FLSD Docket 04/23/1999 Page 2 of 9

violated the law and this Settlement Agreement is not and will not be interpreted or construed as containing any such admission or considered as a precedent in any other action.
~- Defendant, its officers, managers. employees, agents and partners, agree not to discriminate against any of its employee(s) who oppose any of Defendant's practices which the employee believes to be a violation of the ADEA; who file charges of discrimination with the EEOC alleging \iolations(s) of such statute; who cooperate with the EEOC in the investigation and/or prosecution of any charge of discrimination; or who cooperate in the investigation or prosecution of a discri.."'lination case. Further. Defendant, its officers, managers, employees, agents and partners will not engage in conduct which constitutes age discrimination.
5. The term of this Settlement shall be for t\vo and one-half years. 6. Defendant shall post and implement a written anti-discrimination policy approved by the EEOC, within 14 days from the execution of this Settlement. Defendant shall also give the policy to all employees of Defendant within 30 days of the entry of this Settlement. 7. Defendant shall conduct two eight hour training sessions (one in 1999 and one in 2000) for all of its managers and employees during the duration of this Settlement. The first sessions will take place no later than sixty days after the approval of this Settlement. Defendant agrees to provide the EEOC with all written materials used in the training session(s) and to provide at least two weeks notice to the EEOC before it conducts its training session(s) so that EEOC can be in attendance at any such training session(s) it chooses to attend. Defendant will provide Plaintiff with certification within seventy days after the Court's approval of this Settlement that the training session has taken place.

G:\DMZ\i380l 11996\0232283.05

~/9/99

2

Case 1:98-cv-00202-DMM Document 56 Entered on FLSD Docket 04/23/1999 Page 3 of 9

8. Defendant agrees to post within seven days from the date of execution of this Settlement the notices attached hereto as Exhibits A (general notice) and B (specific notice). Said notices shall be posted for at least two and one-half years in a conspicuous location at Defendant's corporate headquarters. At the end of the two and one-half years that this Settlement is in effect, Defendant will certify to Plaintiffthat the Notices have remained posted.
9. With regard to the issues raised by the pleadings, Defendant agrees to pay Emna
Mendez $22,000.00 within ten days of the effective date of the Settlement. Defendant \\ill mail the
check made out to Emna Mendez, certified mail return receipt, directly to Emna Mendez, and at the same time copy the Miami District Office of the EEOC with all mailings and certified return receipts. The Defendant will deduct from the gross amount of back pay federal income tax withholding and employee contributions for social security tax. A W-2 form setting forth the amount paid and the amounts withheld shall accompany the check.
10. If either Party fails to comply with this Settlement, the Court may award reasonable costs and interest at the rate as allowed by law, caused by the noncompliance or delay.
11. If either Party violates a provision of this Settlement, the other Party shall notify, in writing, the alleged breaching party, of its concerns and provide the Party fourteen days to resolve and/or remedy the breach, before seeking judicial relief. Defendant will sign, on company letterhead, the reference letter attached as Exhibit C. If employment reference inquiries are made about Emna Mendez, the Defendant will report only what is contained in the reference letter (Exhibit C), unless specifically authorized by Ernna Mendez, in writing, that Defendant has approval to state anything further. Defendant's records will reflect only the information contained in Exhibit C and

G:\DMZ\73801 I11996\0232283.05

4/9/99

3

Case 1:98-cv-00202-DMM Document 56 Entered on FLSD Docket 04/23/1999 Page 4 of 9

Defendant agrees only to release information verbally or in writing, which specifies Emna Mendez'

d.lt~s of emplo)ment. sJlary. and information contained in Exhibit C.

12. Defendant will dismiss. with prejudice, Case Number 98-16303-CA-11 and 97-

1~967-C A-13.

13. Defendant agrees that EEOC may conduct an onsite visit once a year during the term

of this .-\greement. to insure that all notices required by this Agreement are posted, to insure that the

policies and procedures are in place and being utilized and to review any ADEA internal

in\·estigations for the purpose of insuring that Defendant's investigating techniques are appropriate

and to ensure that prompt and remedial action is taken.

14. In funher exchange for the promises made in paragraphs 3 through 13 of this

Settlement Agreement. the EEOC releases and discharges Aeromar Airlines, Inc. from the claims

raised in the Complaint entitled Equal Employment Opportunity Commission v. Aeromar Airlines,

Inc.. Civil Action No. 98-202-CIV-MIDDLEBROOKS.

15. This Settlement will operate as a full and final resolution of this action. Each party

shall bear its own costs and attorney's fees.

16. The terms ofthis Settlement are binding upon any successors or assigns ofthe Parties.
·~

17. This case is dismissed v.t4thoat prejudice. The Court retains jurisdiction to enforce

r~ ..PI .... "

rC < Q 1 . /

~~ia.o4HI~H the two and one-half year period,..--'RiS 86lieR "'ill be

,..,~'Jit"j~e-.-1,

G 0\IZ 73801\1199610232~83 05

~ ~ 99

4

Case 1:98-cv-00202-DMM Document 56 Entered on FLSD Docket 04/23/1999 Page 5 of 9

DO!'\E X\"D ORDERED in Chambers at Mia April. 1999.

#-

.2/1 • , Florida. this

day of

NALD ~L MIDDLEBROOKS UNITED STATES DISTRICT JUDGE

Equal Emplo]ment Opportunity Commission
C. GREGORY STE\\.ART General Counsel
GWENDOL"\~ R. REAMS Deputy General Counsel
DELNER FRA.''KL~-THOMAS Regional Attorney

Aeromar Airlines. Inc. By its attorney:
(,C" ") l ' c7 ·- ~ • Z <.. ( L
~!COLAS A. Mru~ZD\1 Florida Bar ~o. 248827 Alfred I. DuPont Building Suite 1500 169 East Flagler Street ~tiarni. Florida 33131

rumnt.UJ, -~~--
EQUAL EMPLOY~IENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower- Suite 2700 Two South Biscayne Boulevard Miami, Florida 33131 Tel. (305) 530-6000
(305) 530-6009 Fax (305) 530-7660

G:\DMZ\73801\11996"023~~.: 05

~19/99

5

Case 1:98-cv-00202-DMM

Document 56

T H E LA Entered on FLSD Docket 04/23/1999 Page 6 of 9

------,
I

Employers Holding Federal Contracts or Subcontracts
Appltancs co and ernpo,.s of ~ wRh I fecllnl..-nmem: concraa fW subcOIVKlan
procected under the folowlnc
fede~ ~ud\onties:
RACI, COLOR, RELIGION, SEX, NATIONAL ORIGIN
becutl'l'l Order 11246. • -lded. prohibits iob discriminr.ion on che bas•s of ~ce. color. rebpln. sex or naQonal Ofitin.lnd ,...._ lllirmaW. aaion ro ..,.,.. equlity ol opportunity 1n d aspeas rA employ-
ment.
INDIVIDUALS WITH DISAaiUTIES
Section SOJ olche llet1Urad~~ Act of I97], u amended. prallilira job
......,......._, ~
and,..._ ............ CD
emplor andiMwuM:t ill -.la;uuenc qualified individuals widl ~~ who. with reasonable acca-ada· Cion. can perform tile ISMIIIiel funct>Oftl of a job.
VIETNAM ERA AND SPECIAL DISABLED VETEIIItANS
·e~e"l"S ~e~o,ustiTien~ .~ou.sunce
Act of 1974 proh1b•ts ,c:: ::liscruml~­ :uor. 1nd 'eQUI:'"~S ;affi,....~::-. ~ctJon to employ ¥'d ldvance m tmployrnent qu~lified Vie~m e-2 -.te~ns l"d Qu~hf·ed soecu;al d•~<re veter-
;a:-s
Any person who believa 1 contnc:o,. has ,..,elated 1U no,..o::·s.:""''"a· :1on 0' aff,rmauve ut,cc =:Jupuons under the authorutue' &DO¥e should contact 1mmed1ately: The Off,ce of Federal CO"t:'"lCt Co111pl~nc1 ProJf'ai'IS (OfCCP), Employment Sundar• ~tralion. U.S. O.parvnem of Ullor (DOl), 100 Consowu- A--. N.W.,
~D.C. 20110 .. all (101) llt-t:Ma (001.'1 ...... TOO ...............,, I .....
...... b ,.- .... tllltJ26.
1577), 01 • OfCCP ........ 01 .._ lriaoflke.. ..... ill-1 '¢'DM diAaories --U.S. Go I WAlK.

Private Employment, State and Local Governments, Educational Institutions

Appliana to lnd ~ rJ mou private emp&oyen.
SCite anclloalaow-r"'lfMnCS. eclucaaonal inRicucions. tmp~oymeuc apM:ies and labor orpniDcionS ar. protect<
under the folowint Federal l3ws:

RACI, COLOR, lliLIGION, SIX, NATIONAL
ORIGIN
Titlt VII d die Civil Ri~ts Act rJ 1964, u vnended. pro-
hibfcs ~ in hirina. ~ clischarJe. ~­
frince benefits. job tnininc. clusifiation. referral. ;a,d ct.L upecu d employment. on the basis of ~ce. color, reiil'c sex fW naciollll Gnp\.

DISAIILITY

The ~ wich Disablia.s AG rJ 1990. u IIMIIded..

prvc.ca ...... applic:ana lnd . . . ., . . widl clsabilitM

from ciKa in · ali 1:1n In hirin&, iM omocion. dilctwp. par. JC

de··.. . ,..,.,..., ~ .....MneAa.
ol....,.,. apeca claillfllat'menc.o lhe ._.

and~
The a.w

abo,...... ... cowwed ....,..qualified.,.

ana and ;la;.. wtdl# 'S iwwllh,.....W.ac:u

modlcioN • • ncx ..,_....,........,

AGI
The Ace Dilaimiuacion in~ Act of 1967. u
amtndecl. pnaca appliana and &nPotees 40 ,.,-s d a
ace Of" older from chcriminacion on 1t1e basis d in hinnc.
P' omociOIL cfischa,.e. compensation. cenns. conditions or
or.voteces of emotoyment.

SEX (WAGES)
·- J':le·-;.o~ :=sex ::~s::··.. ~~-l~ : ... =.. ~ ..:Ot'::e-: ::y-: t ., : - ·
the c....t R•cna Act (see abov~J. :.~e Equ.at Pat Act of : 9:::
u amended. proh1b1U sex discr.m1natuon '" ~yment of
wa&es to women Vld men perforrn.nc subst~n~lly eq...a. work in lhe sarne establishment.
Reuliatuon qaunst a person who files a charge of d1scr:"".t1on. part1c:~es 1n an 'nvest•pc-:~.,. or opposes a" •'" J ..... employment practice is prohibited ily ill of these fedenJ
13WS.
If you believe that you h~ve been C:1stnm1nated ;ap•nst '"~ _ any of the above laws. you 1mmedQtely should conact:
The U S. Equal Employment Opportunity Comm1SS1on (EEOC). 1801 L Street. N.W~ Wui'Nneton. D.C. 20507 or
EEOC field aAce by caJiinl toll " - (100) 669-4000. For
individuals widl ~ impairmena. EEOC's toll fne TOt
number is (1110) ~llOl.

" " t ' r - ... " -... · · - ; ~'-1 '-A.&A..L ~.L.L.Lt'.L'-'' .A..&.&".&.&"
Case 1:98-cv-00202-DMM Document 56 Entered on FLSD Docket 04/23/1999 Page 7 of 9
THE LAW

'·ederal
or
tCts
'rnplo)oees ol
'e<Seral~
•bcontract are e followin&
RELIGION, ,L ORIGIN · H6. u amended. "!'llNt:on on the . relipon. sa or ' requires afl'irma· -e equality ol 1SpectS t:A employ·
NITH
"•habilicaliocl A.a
.14. proll6ia ic*
\UHofa~
lti¥1 aaion U) t in empio)'ment ; with disabilkies >le uc011'11710Cil1 • •• essential func-
ANO
3LEO
·e >'·et."1a1'1 E..
•ent Au.sance
:5 ~et: c·sc··I'T'u·a·
if•rmi~ actJOn "'Ce '" emoloy· 'Jm f .. vete"'li'\S
o•sa:.e: •eter-
·e"'t1 J C0"t ..1C•
.,o,a•scr•m•"Ji· >CtiOn oOi•ptJonS '' ;above sl'lould
·;a& Conuac:t "'' tOfCC,.,, .rds A4111inistneion.. f Labor (DOl).
,......,N.w.•
lOliO•cal
ex.·. . . . . .
:,........,., ... ..., ••b .....
tl -~ J26.
•mostt~

Private Employment, State and Local Governments, Educational Institutions

Appliana co and ~as ol most prwaa empo,.n.
SQW 11\d leal &Q-...mmentS. eduational r.stiCutiofts. empioymef'lt a,enc•es alld labor orpn•zatCII'.s are prouct.cS unMI' the fol\owin& Fedenl '-5:

RACE, COLOil, RELIGION, SEX. NATIONAL
ORIGIN
Tide VII ol the CMI Rl&tta Aa. ol 1964. IS WMnded, ~
"ibiu discr",.... ,..ation in ll•r-J :>t"'"''ticr. 5s..-Nrce. pn. fnr.ce bene~u. JOb tnin.t'&o c.ius•fiatJO'\. "t"ernL &I'd ocher
aspecu of empqmeiC. Oft ct. basis oii"'U. color, ,...... su or national onpt.

DISABILITY

The American& wkh DisabiiOes AD. oii"'. as amended.

procKIS quaJif ed lppiantlllld .,eo,... wid\ tnt • ·11

from fila il IIii •tiofl in ...... WOIIIIOCiaft. dldwJe. , . ;ob

bail"'......,. Cl"'iiWWf. ....................0 .. I'WiilrnL ... act.:

aspectS of~ ct.

The ...

also l'1lqUilw d-. cowwed . . . . . ~ ...........

.,.._undue.....,. anDancl•a&PoJMS wCh #o'&iea widl flU: lilllla~
moduions ct. do noc

AGE
The A&• Oisctimination in ~ Act oil 967, IS
UMnded. pt"'(eca apploana and en-.po; ecs 40 yen ttl . .
ace or older fran, discnmiNoon on ct. bass ol 111 l'tinns-
,.,,...ot.or :: t:"'a"J~ ~=,..=~·sat•on. :e-s :ond•t•or-s :;;• • .~ges ~: ~..,..,p.cyr.e!":..

SEX IWAGES)

~n aod•:•o" ::: sex d•sc•:r-.:-~t.on proro•: :e-: ':ly ~.t.e Ill :: t."e C:vtl R.ra Act (see ~~- the E~ "'ay Act ol 1963. u a..,..e:'ICe~. ;;:roi'I·O•:.S sex ~•s.::r•mu'l~t.c· ~ ~ymer.~ oi
WJPS to women and "'-" perlormmc ~ equal
worit •r. the u~e es:atlii~--~ent.

~!·.J J:•o- ~53 ~s: 1 ::»e"'S:" ... ~o fiies a ::-:a-ie ':lf d•sc"- ·auon. pirt•C·~tes '" an •nvat~poon. or ~ses an ~ emDioymel"t p~c:tiCI IS~ by at :1 these feder-al ·aws

If you beh.-.e tNt you ~ been d•scr-~--cated apnu ~roar
any of the above 1~. yo.. II'TIInediatet,- s:"''uid contact:

The U S. E~.al Employme!-:t Opportu~ CommiSSIOn

"'-4000. (EEOC). 180 I L Scrftc.. N.W~ ~ D.C. 20507 or an

EEOC field office by cdrc mil he (lOOt

Far

inciYicluM WICh harinc impU'mena. Ei()Cs d he TOO

number is (800) IOC).]]Ol.

Programs or Activities Recei\ing Federal Financial Assistance
IACI, COLOR, NATIONAL ORIGIN, SEX
In addiaon U) ctle ptVUCtion of Tide
VII oliN 0111 Riaha AI:!. of I,..., Tide yt vi&M Chi kl&ta AI:!. ~
hlbla 4lscrtlttlr litloft . . . . lluis ol ~c•. color or Ntioftal oripi in pro-
"ftn'a"n"ciaolraKssCisMQncciae.~ ~ Fede~
~iscr•m•nation •s cove~ by T•tle V1 rf d'lc pnmarJ obJeanoe ttl che finan..
cill auilalite il Pf'O"''iiiiO' ol
emplormenc, or' wfler. ~nt diiU'Imlnacion aUHS 011 ~ cause
discriminacion in ~ ..mea
_.... wdl P'OIJ.., nde IX ol
1m 1M Edlado-1 ArnendiNia t:A
,._. empky11•• ...., ilninuion
OPf'Ot .I.*.I.PbII uolr l~ "'w-lli·d\,~.....
Fedenl aaisanct.
INDIVIDUALS WITH DISAaiUTIU
Secdoll 504 oiiM " •••, ffiQlion N.t ol I971, ts ......._ prohibots employment di.scriminaoon on the burs ol a disaeilicy "' ..,. Pt'Oif'a"' or
"·a·· lCtlv•ty ..,.,,ch •tce'ves ~de•al
: l lSS S!.J .. C.e ~ 1.:: .. - ·a:,::"" ~
prohoorte<l•n all upecu ol empooy· ment aprnst per1ons • :~ chslt)r,rt. e~ .... ""0. .,.'::, ... .~1~"':~~; .. i:.::·-..,=~1· : ,::"".. ;l.:"'i ;t'"'".:·~ : .. e t:.:e-; J. :.ons of oa 100.
If you behl'lt you have ::leen discrimiNted apinst in a ~
of any •nstltutJOn whoe"' rece•ves
Fede~l :ass•sCil'lce. ,o... :>."o"ld
conact •mmediately the Federal lpnc)' providi"C Such ISSISCince.

Case 1:98-cv-00202-DMM Document 56 Entered on FLSD Docket 04/23/1999 Page 8 of 9
NOTICE TO EMPLOYEES
The Age Discrimination in Employment Act ("ADEA") of 1967, as amended, 29 U.S.C. Section 623(d). protects individuals from discrimination in employment because of age. Specifically, it protects individuals who are 40 years old or older. This includes protection against discrimination in firing, job assignments, hiring, fringe benefits, tenns and conditions, pay, etc. Such employees are also protected against being retaliated against because they oppose a practice of the Employer that is discriminatory or because they aid in the investigation of a discrimination matter.
Aeromar Airlines. Inc. assures its employees that it supports the ADEA and will not take any action against an individual because he/she has exercised his/her rights under the ADEA.
Employees or applicants for employment who have questions about their rights under this notice may telephone the EEOC toll free at 1-800-669-4000 or at (305) 530- 6009.
Signed this _ _ _ day of _ _ _ _, 1999.
CARLOS GARRIDO Human Resources Manager

G:\DMZ\73801\11996\0232283 OS 4/9/99

EXHffiiTB

Case 1:98-cv-00202-DMM Document 56 Entered on FLSD Docket 04/23/1999 Page 9 of 9
(On Aeromar letterhead!
_ _ _ _,1999
Aeromar Airlines, Inc.
To Wnom It May Concern: Emna Mendez was employed with our organization from 1992 until October 7, 1996.
Among the positions she held during this time, were Sales Manager and Sales Person. Ms. Mendez' duties partly included making sales and service calls upon our customers and supervising sales staff. Unfortunately, due to business reasons, we could no longer utilize Ms. Mendez' services. We wish her good luck in the future.
Very truly yours,
Carlos Garrido Human Resources Manager
EXHIBIT C
G:'DMZ\73801'11996\0232319.04
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 Case 1:98-cv-00202-DMM Document 57 Entered on FLSD Docket 04/23/1999 Page 1 of 1

CLOSED CIVIL

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE

Case No. 98-0202-CIV-MIDDLEBROOKS

FILC:D by_;Jll__O.C.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs.

APR ? 1 taoq

ORDER CLOSING

r.i.f:Lt)':-i JUE.NtU. CLEilK u.,; lliST CT.
S.D. Oi" F~A· . MI~MI

AND DISMISSING CASE

AEROMAR AIRLINES,

Defendants.
--------------------------------------------~'
THIS CAUSE comes before the Court upon Settlement Agreement, jointly signed and submitted to this Court on April20, 1999. The Court has reviewed the pertinent portions of the file and is otherwise fully informed in the premises.
As indicated in the Settlement Agreement, Plaintiff EEOC voluntarily dismisses this case with prejudice. The Court shall retain jurisdiction to enforce this Settlement Agreement.
Pursuant to Federal Rules of Civil Procedure 4land upon sua sponte review ofthe file, it is hereby ORDERED AND ADJUDGED that this cause is DISMISSED.
It is further ORDERED AND ADJUDGED that this case is CLOSED and any pending motions are hereby DENIED as MOOT.
DONE AND ORDERED in Chambers at Miami, F

Copies to: Nicolas Manzini, Esq. Gedaty Serralta, Esq.

ALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE

 
 CM/ECF - Live Database - flsd - Docket Report

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U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:98-cv-00202-DMM

CLOSED

Equal Employment v. Aeromar Airlines Assigned to: Judge Donald M. Middlebrooks Demand: $0 Cause: 42:2000 Job Discrimination (Age)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 01/30/1998 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Gedety Nayets Serralta Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Farrell Jill S. Schwartz & Associates, P.A. 180 North Park Avenue Suite 200 Winter Park, FL 32789 407-647-8911 Fax: 407-628-4994 Email: mfarrell@schwartzlawfirm.net TERMINATED: 05/29/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Aeromar Airlines, Inc.

represented by Maidenly Macaluso Grumer & Macaluso PA 1 East Broward Boulevard Suite 1501 Fort Lauderdale, FL 33301 954-713-2700 Fax: 713-2713 Email: mmacaluso@grumerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 01/30/1998 01/30/1998 01/30/1998 02/04/1998 03/13/1998 03/18/1998 04/13/1998 04/14/1998
04/17/1998
04/22/1998
04/22/1998

Nicolas Andres Manzini Manzini & Associates 169 E Flagler Street Suite 1500 Miami, FL 33131 305-577-9903 Fax: 577-6121 Email: manzinilawoffice@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT filed; FILING FEE waived WCT A-7 (Former Deputy Clerk) (Entered: 02/02/1998)
Magistrate identification: Magistrate Judge William C. Turnoff (Former Deputy Clerk) (Entered: 02/02/1998)
2 SUMMONS issued for Aeromar Airlines (Former Deputy Clerk) (Entered: 02/02/1998)
3 SUMMONS(ES) issued for Aeromar Airlines by serving Raymundo Polanco (gz, Deputy Clerk) (Entered: 02/09/1998)
4 Answer and affirmative defenses by Aeromar Airlines (Attorney Nicolas Andres Manzini, Maidenly Sotuyo-Macaluso), (wc, Deputy Clerk) (Entered: 03/16/1998)
5 ORDER of Pretrial Procedures (signed by Judge Donald M. Middlebrooks on 3/16/98) CCAP (wc, Deputy Clerk) (Entered: 03/19/1998)
6 Joint Scheduling Report of Scheduling Meeting by Aeromar Airlines, Equal Employment (wc, Deputy Clerk) (Entered: 04/16/1998)
7 SCHEDULING ORDER setting Memos of law due on or before 2/25/99 Deadline for filing of all motions by 2/25/99 Discovery cutoff 1/15/99 ; ( signed by Judge Donald M. Middlebrooks on 4/14/98) CCAP (wc, Deputy Clerk) (Entered: 04/16/1998)
8 MOTION with memorandum in support by Aeromar Airlines to join indispensable party , and to for leave to amend [4-1] answer to allege a counterclaim (wc, Deputy Clerk) (Entered: 04/21/1998)
9 NOTICE of Hearing: set Jury trial for 9:00 4/26/99 before Judge Donald M. Middlebrooks , cal set calendar call for 1:15 4/21/99 before Judge Donald M. Middlebrooks (wc, Deputy Clerk) (Entered: 04/24/1998)
Deadline updated; set pretrial stipulation due for 3/22/99 before Judge Donald M. Middlebrooks (wc, Deputy Clerk) (Entered: 04/24/1998)

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05/04/1998 05/06/1998
05/20/1998 05/22/1998 05/28/1998 05/29/1998 05/29/1998 06/01/1998 10/09/1998 10/14/1998 10/16/1998 10/16/1998

10 MOTION by Equal Employment to extend time to respond to motion to join indispensable party , and for leave to file amended answer to allege a counterclaim with incorporated memorandum (wc, Deputy Clerk) (Entered: 05/05/1998)
11 ORDER granting [10-1] motion to extend time to respond to motion to join indispensable party, granting [10-2] motion for leave to file amended answer to allege a counterclaim with incorporated memorandum Response to motion reset to 5/20/98 for [8-1] motion to join indispensable party, reset to 5/20/98 for [8-2] motion to for leave to amend [4-1] answer to allege a counterclaim ( signed by Judge Donald M. Middlebrooks on 5/5/98) CCAP (wc, Deputy Clerk) (Entered: 05/07/1998)
12 RESPONSE by Equal Employment to [8-1] motion to join indispensable party, [8-2] motion to for leave to amend [4-1] answer to allege a counterclaim (Former Deputy Clerk) (Entered: 05/27/1998)
13 NOTICE of Filing attached documents inadvertently omitted from response to defendant's motion to join indispensable party and for leave to amend answer by Equal Employment (Former Deputy Clerk) (Entered: 05/27/1998)
14 MOTION by Aeromar Airlines to extend time to 6/8/98 to reply to response to motion to join indispensible party and for leave to amend answer (wc, Deputy Clerk) (Entered: 06/02/1998)
15 NOTICE of substitution of counsel with Gedety Serralta replacing Michelle M. Gallardo as counsel of record by Equal Employment (wc, Deputy Clerk) Modified on 06/02/1998 (Entered: 06/02/1998)
16 ORDER granting [14-1] motion to extend time to 6/8/98 to reply to response to motion to join indispensible party and for leave to amend answer ( signed by Judge Donald M. Middlebrooks on 5/29/98) CCAP (wc, Deputy Clerk) (Entered: 06/02/1998)
17 ORDER denying [8-1] motion to join indispensable party, denying [8-2] motion to for leave to amend [4-1] answer to allege a counterclaim ( signed by Judge Donald M. Middlebrooks on 6/1/98) CCAP (wc, Deputy Clerk) (Entered: 06/03/1998)
18 EMERGENCY MOTION by Equal Employment for preliminary injunction , and for leave to file amended complaint (nt, Deputy Clerk) (Entered: 10/13/1998)
19 ORDER granting [18-2] motion for leave to file amended complaint; Motion hearing before Judge Donald M. Middlebrooks set for 5:00 10/16/98 for [18-1] motion for preliminary injunction ( signed by Judge Donald M. Middlebrooks on 10/15/98) CCAP (wc, Deputy Clerk) (Entered: 10/16/1998)
21 AMENDED COMPLAINT by Equal Employment , (Answer due 10/26/98 for Aeromar Airlines ) amending [1-1] complaint (wc, Deputy Clerk) (Entered: 10/21/1998)
21 DEMAND for jury trial by Equal Employment (wc, Deputy Clerk) (Entered: 10/21/1998)

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10/19/1998
10/26/1998 01/15/1999 01/19/1999
02/19/1999
02/23/1999
03/05/1999 03/05/1999
03/05/1999 03/05/1999 03/05/1999 03/05/1999 03/05/1999 03/05/1999 03/05/1999 03/05/1999 03/05/1999

20 ORDER denying [18-1] motion for preliminary injunction and deeming filed Plaintiff's Amended Complaint as of 10/16/98, attached as Exhibit G ( signed by Judge Donald M. Middlebrooks on 10/19/98) CCAP (wc, Deputy Clerk) (Entered: 10/21/1998)
22 Answer and affirmative defenses to amended complaint by Aeromar Airlines (nt, Deputy Clerk) (Entered: 10/28/1998)
23 MOTION by Aeromar Airlines to extend time to 2/24/99 for discovery deadline (wc, Deputy Clerk) (Entered: 01/22/1999)
24 ORDER granting [23-1] motion to extend time to 2/24/99 for discovery deadline reset discovery deadline for 2/24/99 . All other deadlines remain as set by previous Orders (signed by Judge Donald M. Middlebrooks on 1/19/99) CCAP (wc, Deputy Clerk) (Entered: 01/22/1999)
25 JOINT MOTION by Aeromar Airlines, Equal Employment to extend time for the parties to file and oppose dispositive motions (wc, Deputy Clerk) (Entered: 02/22/1999)
26 ORDER granting [25-1] joint motion to extend time for the parties to file and oppose dispositive motions reset motion filing deadline for 3/5/99 , Response to motion for summary judgment or other dispositive motions due on or before 3/29/99 ( signed by Judge Donald M. Middlebrooks on 2/23/99) CCAP (wc, Deputy Clerk) (Entered: 03/03/1999)
27 MOTION with memorandum in support by Aeromar Airlines for summary judgment (wc, Deputy Clerk) (Entered: 03/09/1999)
28 NOTICE of filing: Sworn statements of Ligia Ramirez and Rossin Garcia; Depositions of Emna Mendez, Raymundo Polanco, Carlos Garrido, Xiomara Polanco, Raymundo Polanco, Jr., Miguelina Villalona, Victor Raul Evins, Mirna Veronica Basterrechea, and Juan Meises by Aeromar Airlines (wc, Deputy Clerk) (Entered: 03/09/1999)
29 SWORN STATEMENT of Ligia Ramirez by Aeromar Airlines (wc, Deputy Clerk) (Entered: 03/09/1999)
30 SWORN STATEMENT of Rossin Garcia by Aeromar Airlines (wc, Deputy Clerk) (Entered: 03/09/1999)
31 DEPOSITION of Emna Mendez (wc, Deputy Clerk) (Entered: 03/09/1999)
32 DEPOSITION of Raymundo Polanco, Jr. (wc, Deputy Clerk) (Entered: 03/09/1999)
33 DEPOSITION of Xiomara Polanco (wc, Deputy Clerk) (Entered: 03/09/1999)
34 DEPOSITION of Raymundo Polanco (wc, Deputy Clerk) (Entered: 03/09/1999)
35 DEPOSITION of Carlos Garrido (wc, Deputy Clerk) (Entered: 03/09/1999)
36 DEPOSITION of Miguelina Villalona (wc, Deputy Clerk) (Entered: 03/09/1999)
37 DEPOSITION of Victor Raul Evins (wc, Deputy Clerk) (Entered: 03/09/1999)

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03/05/1999 03/05/1999 03/08/1999 03/11/1999 03/22/1999 03/22/1999 03/22/1999 03/24/1999 03/29/1999 03/29/1999
03/29/1999
03/30/1999
03/30/1999 03/31/1999 03/31/1999 04/07/1999

38 DEPOSITION of Mirna Veronica Basterrechea (wc, Deputy Clerk) (Entered: 03/09/1999)
39 DEPOSITION of Juan Mieses (wc, Deputy Clerk) (Entered: 03/09/1999)
40 Statement of Undisputed facts in support of Defendant's Motion for summary judgment by Aeromar Airlines (wc, Deputy Clerk) (Entered: 03/09/1999)
41 ORDER referring case to mediation. 15 days to appoint mediator ( signed by Judge Donald M. Middlebrooks on 3/10/99) CCAP (wc, Deputy Clerk) (Entered: 03/12/1999)
42 JOINT PRETRIAL STIPULATION by Aeromar Airlines, Equal Employment (wc, Deputy Clerk) (Entered: 03/23/1999)
43 NOTICE of filing deposition of Mercy Arguelles by Aeromar Airlines (wc, Deputy Clerk) (Entered: 03/23/1999)
43 DEPOSITION of Mercy Arguelles in support of motion for summary judgment (wc, Deputy Clerk) (Entered: 03/23/1999)
44 JOINT MOTION by Aeromar Airlines, Equal Employment to extend time within which to conduct the Court-ordered mediation (wc, Deputy Clerk) (Entered: 03/25/1999)
45 Statement of material facts which are in dispute by Equal Employment (Former Deputy Clerk) (Entered: 03/31/1999)
46 MOTION with memorandum in support by Equal Employment for leave to file response to defendant's Motion for Summary Judgment exceeding page limit to 25 pages (proposed pleading located in pod 2) (Former Deputy Clerk) (Entered: 03/31/1999)
47 ORDER granting [44-1] joint motion to extend time within which to conduct the Court-ordered mediation; parties shall inform Court of outcome of mediation on or before 4/19/99 ( signed by Judge Donald M. Middlebrooks on 3/25/99) CCAP (Former Deputy Clerk) Modified on 03/31/1999 (Entered: 03/31/1999)
48 ORDER granting [46-1] motion for leave to file response to defendant's Motion for Summary Judgment exceeding page limit to 25 pages ( signed by Judge Donald M. Middlebrooks on 3/30/99) CCAP (wc, Deputy Clerk) (Entered: 04/01/1999)
49 RESPONSE by Equal Employment to [27-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 04/01/1999)
50 RESPONSE by Equal Employment to [41-1] referral/referred order re: mediation (wc, Deputy Clerk) (Entered: 04/01/1999)
51 NOTICE of Mediation Hearing on 4/9/99 at 1:00pm Leslie W. Langbein added as mediator (wc, Deputy Clerk) (Entered: 04/01/1999)
52 UNOPPOSED MOTION by Aeromar Airlines to extend time to 4/16/99 to file its reply memorandum in support of its motion for summary judgment (wc, Deputy Clerk) (Entered: 04/12/1999)

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https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?652062169256335-L_92...

04/09/1999
04/13/1999 04/20/1999 04/20/1999 04/21/1999 04/21/1999

53 ORDER granting in part [52-1] motion to extend time to 4/16/99 to file its reply memorandum in support of its motion for summary judgment Reply to Response to Motion reset to 4/13/99 for [27-1] motion for summary judgment . Calendar call remains as previously set for 4/21/99 ( signed by Judge Donald M. Middlebrooks on 4/8/99) CCAP (wc, Deputy Clerk) (Entered: 04/12/1999)
54 FINAL report of Mediator. Disposition: settled (wc, Deputy Clerk) (Entered: 04/14/1999)
55 Settlement agreement by Aeromar Airlines, Equal Employment (wc, Deputy Clerk) (Entered: 04/21/1999)
56 Settlement agreement by Aeromar Airlines, Equal Employment (wc, Deputy Clerk) (Entered: 04/23/1999)
57 ORDER dismissing this cause , closing this case and denying as moot [27-1] motion for summary judgment ( signed by Judge Donald M. Middlebrooks on 4/21/99) CCAP (wc, Deputy Clerk) (Entered: 04/23/1999)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (wc, Deputy Clerk) (Entered: 04/23/1999)

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