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

FILED

U.S. EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ACCULAB LABORATORIES, INC.

)

d/b/a/

)

ACCULAB

)

Defendant.

)

)

CIVIL ACTION NO.
COMPLAINT JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Michelle Maus ( "Ms. Maus") who was adversely affected by such practices. As stated with greater particularity in paragraph 7, the Commission alleges that Ms. Maus was subjected to sexual harassment by the brother and guest of Defendant’s manager. The Commission further alleges that Defendant subsequently retaliated against Ms. Maus for complaining of the unlawful sexual harassment by terminating her employment with Defendant.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(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. § 1981A.

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the Untied States District Court for the Middle District of Florida, Ft. Myers Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, 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, Acculab Laboratories, Inc, d/b/a Acculab, a Neveda corporation, has continuously been doing business in the State of Florida and the City of Port Charlotte, and has continuously had at least 15 employees. 5. At all relevant times Acculab Laboratories, Inc. d/b/a Acculab has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Michelle Maus filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least January 2003, Defendant Employer engaged in unlawful employment practices at its Port Charlotte, Florida location in violation of Section 703(a) and Section 704(a) of Title VII, 42 U.S.C. §2000e-2(a) and §2000e-3(a).
a. These practices included, but were not limited to, permitting Ms. Maus, its employee, to be subjected to unwelcome physical and verbal conduct of a

sexual nature which was sufficiently severe and pervasive to constitute an intimidating hostile and offensive work environment. b. The older brother and guest of Defendant’s South Regional Supervisor Letty Moreno, ("Ms. Moreno") who was Ms. Maus’ immediate Supervisor, subjected Ms. Maus to repeated, sexual harassment. c. Ms. Maus repeatedly complained about the sexual harassment to Ms. Moreno, who failed to take any action to correct the harassment. Ms. Maus ultimately complained to Barbara Kupp, Defendant’s Director of Operations. Defendant failed to take appropriate corrective action in response to Ms. Maus’ complaints of the unlawful sexual harassment. d. Further, Defendant retaliated against Ms. Maus for complaining of the unlawful sexual harassment by terminating her employment. 8. The effect of the conduct complained of in paragraph 7 above has been to deprive Ms. Maus of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Ms. Maus.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with Defendant, from engaging in sexual harassment or any other employment practice which discriminates on the basis of sex and/or opposition to an unlawful employment practice.
B. Order Defendant, to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past unlawful employment practices.
C. Order Defendant to make whole Michelle Maus by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement and/or front pay.
D. Order Defendant to make whole Michelle Maus by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses in amounts to be determined at trial.
E. Order Defendant to make whole Michelle Maus by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant to pay Michelle Maus punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.

H. Award 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,
ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
MICHAEL J. FARRELL /-g,upervisory Trial Attorney
COMMISSION MIAMI DISTRICT OFFICE One Biscayne Tower 2 South Biscayne Boulevard Suite 2700 Miami, Florida 33131 Phone: (305) 530-6012 Fax: (305) 536-4494

 
 Case 2:04-cv-00364-UA-SPC Document 13 Filed 11/29/2004 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT
pm FOR THE MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION UJ29iaL§;, Q¢

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

ACCULAB LABORATORIES, INC.

)

d/b/a/ ACCULAB

)

Defendant.

)

-------------------------------)

CIVIL ACTION NO.
Jury Trial Demanded Injunctive Relief Sought
2: 04-cv "3loY - Ft.N-33SPc.,

COMPLAINT OF INTERVENOR PLAINTIFF MICHELLE MAUS

COMES NOW the Intervenor Plaintiff, Michelle Maus, (hereinafter "Plaintiff' or

"Maus"), by and through her attorney of record, and sues Defendant, Acculab Laboratories,

Inc. d/b/a Acculab (hereinafter "Defendant" or "Acculab"), and alleges as follows:

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the

Civil Rights Act of 1991 and The Florida Civil Rights Act of 1992, Chapter 760, Florida

Statutes, to correct unlawful employment practices on the basis ofsex and retaliation, and to

provide appropriate relief to Michelle Maus ("Ms. Maus") who was adversely affected by

such practices. As stated with greater particularity in paragraph 9, Ms. Maus was subjected

to sexual harassment by the brother and guest of Defendant's supervisor. The'Defendant

subsequently retaliated against Ms. Maus for complaining ofthe unlawful sexual harassment

1

Case 2:04-cv-00364-UA-SPC Document 13 Filed 11/29/2004 Page 2 of 10
by tenninating her employment with Defendant. This complaint also states a claim against Acculab for violation ofthe Family Medical Leave Act of 1993,29 U.S.C. § 2601, et seq., ("FMLA").
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title Vll"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. This court has supplemental jurisdiction over Plaintiffs state law claims brought pursuant to the Florida Civil Rights Act, Chapter 760, Florida Statutes. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the Untied States District Court for the Middle District of Florida, Ft. Myers Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII. 4. Intervenor Plaintiff Michelle Maus is a resident of the State of Florida residing in Charlotte County, Florida. 5. At all relevant times, Acculab Laboratories, Inc, d/b/a Acculab, a Nevada corporation, has continuously been doing business in the State of Florida and in the City of
2

Case 2:04-cv-00364-UA-SPC Document 13 Filed 11/29/2004 Page 3 of 10
Port Charlotte, and has continuously had at least 15 employees. 6. At all relevant times, Acculab Laboratories, Inc. d/b/a Acculab has
continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e(b), (g) and (h).
CONDITIONS PRECEDENT 7. All conditions precedent to bringing this action have been performed or have occurred.
COUNT I
(SEXUAL HARASSMENT IN VIOLATION OF TITLE VII) 8. This is a claim against Defendant Acculab for sexual harassment in violation of Title VII of the Civil Rights Act of 1964, as amended. 9. Since at least January 2003, Defendant Employer engaged in unlawful employment practices at its Port Charlotte, Florida, location in violation of Section 703(a) and Section 704(a) of Title VII, 42 U.S.C. §2000e-2(a) and §2000e-3(a). These practices included, but were not limited to the following:
a. Permitting Ms. Maus, its employee, to be subjected to unwelcome physical and verbal conduct ofa sexual nature, which was sufficiently severe and pervasive to constitute an intimidating, hostile, and offensive work environment.
b. The older brother and guest of Defendant's Soutli Regional Supervisor Letty Moreno, ("Ms. Moreno") who was Ms. Maus' immediate Supervisor, subjected Ms. Maus to repeated sexual
3

Case 2:04-cv-00364-UA-SPC

------.--~--.----.-----~---.
Document 13 Filed 11/29/2004 Page 4 of 10

harassment. c. Ms. Maus repeatedly complained about the sexual harassment to Ms.
Moreno, who failed to take any action to correct the harassment. Ms. Maus ultimately complained to Barbara Kupp, Defendant's Director of Operations. Defendant failed to take appropriate corrective action in response to Ms. Maus' complaints of the unlawtul sexual harassment. d. Further, Defendant retaliated against Ms. Maus for complaining of the unlawful sexual harassment by terminating her employment. 10. The effect ofthe conduct complained ofin paragraph 9 a-d above has been to deprive Ms. Maus of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices. 11. The unlawful employment practices complained of in paragraph 9 a-d above were intentional. 12. The unlawful employment practices complained of in paragraph 9 a-d above were done with malice or with reckless indifference to the federally protected rights of Ms. Maus.
COUNT II (UNLAWFUL RETALIATION IN VIOLATION OF TITLE VII) 13. This is a claim against Defendant Acculab for unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended.
4

Case 2:04-cv-00364-UA-SPC Document 13 Filed 11/29/2004 Page 5 of 10
14. Plaintiff Maus re-alleges paragraphs 9 a-d above. 15. The effect ofthe conduct complained ofin paragraph 9 a-d above has been to deprive Ms. Maus of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices. 16. The unlawful employment practices complained ofin paragraph 9 a-d above were intentional. 17. The unlawful employment practices complained of in paragraph 9 a-d above were done with malice or with reckless indifference to the federally protected rignts of Ms. Maus.
COUNT III (SEXUAL HARASSMENT IN VIOLATION OF THE FLORIDA CIVIL
RIGHTS ACT, CHAPTER 760, FLORIDA STATUTES) 18. This is a claim against Defendant Acculab for sexual harassment in violation of The Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. 19. At all relevant times, Defendant Acculab was an "employer" and Plaintiff Maus an "employee" within the meaning of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. At all relevant times, Defendant employed fifteen (15) or more employees. 20. Plaintiff Maus re-alleges paragraphs 9 a-d above.
5

Case 2:04-cv-00364-UA-SPC Document 13 Filed 11/29/2004 Page 6 of 10
21. The effect ofthe conduct complained ofin paragraph 9 a-d above has been to deprive Ms. Maus of equal employment opportunities and otherwise adversely affect her status as an employee because ofher sex and/or in retaliation for her opposition to unlawful employment practices.
22. The unlawful employment practices complained ofin paragraph 9 a-d above were intentional.
23. The unlawful employment practices complained of in paragraph 9 a-d above were done with malice or with reckless indifference to the federally protected rights of Ms. Maus.
COUNT IV
(UNLAWFUL RETALIATION IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT, CHAPTER 760, FLORIDA STATUTES)
24. This is a claim against Defendant Acculab for unlawful retaliation in violation of The Florida Civil Rights Act, Chapter 760, Florida Statutes.
25. At all relevant times, Defendant Acculab was an "employer" and Plaintiff Maus an "employee" within the meaning of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. At all relevant times, Defendant employed fifteen (15) or more employees.
26. Plaintiff Maus re-alleges paragraphs 9 a-d above. 27. The effect ofthe conduct complained ofin paragraph 9 a-d above has been to deprive Ms. Maus of equal employment opportunities and otherwise adversely affect her status as an employee because ofher sex and/or in retaliation for her opposition to unlawful
6

Case 2:04-cv-00364-UA-SPC Document 13 Filed 11/29/2004 Page 7 of 10
employment practices. 28. The unlawful employment practices complained ofin paragraph 9 a-d above
were intentional. 29. The unlawful employment practices complained of in paragraph 9 a-d above
were done with malice or with reckless indifference to the federally protected ri~ts of Ms. Maus.
PRAYER FOR RELIEF FOR COUNTS I-IV Wherefore, with respect to Counts I-IV set forth above, Plaintiff Maus respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with Defendant, from engaging in sexual harassment or any other employment practice which discriminates on the basis ofsex and/or opposition to an unlawful employment practice. B. Order Defendant, to institute and carry out policies, practices, and programs
.
which provide equal employment opportunities for females, and which eradicate the effects of its past unlawful employment practices.
C. Order Defendant to make whole Michelle Maus by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement and/or front pay.
D. Order Defendant to make whole Michelle Maus by providing compensation
7

Case 2:04-cv-00364-UA-SPC Document 13 Filed 11/29/2004 Page 8 of 10
for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 9 a-d above, including out of pocket losses in amounts to be determined at trial.
E. Order Defendant to make whole Michelle Maus by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 9 a-d above, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment oflife, in amounts to be determined at trial.
F. Order Defendant to pay Michelle Maus punitive damages for its malicious and reckless conduct described in paragraph 9 a-d above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award Michelle Maus all attorney's fees and costs incurred in this matter. COUNT V
<VIOLATION OF THE FMLA) 30. This is a claim against Defendant for violation of the Family Medical Leave Act, 29 U.S.C. § 2617 and 28 U.S.C. § 1331. 31. Upon information and belief, Plaintiff was employed by Defendant for at least 12 months and worked for at least 1,250 hours during the 12 month period if!llllediately preceding her FMLA leave request and in an office or work site at which 50 or more employees were employed or within 75 miles of that office or work site and Defendant qualifies as an employer as defined by 29 U.S.C. § 2611 (4)(A). 32. While employed by Defendant Acculab, Plaintiffrequested and was eligible
8

Case 2:04-cv-00364-UA-SPC Document 13 Filed 11/29/2004 Page 9 of 10
for FMLA leave due to a "serious health condition," specifically, Multiple Sclerosis. 33. The Employer Defendant violated the FMLA in that it failed to grant Plaintiff
leave under the FMLA. 34. The defendant interfered with the Plaintiff's substantive rights under the
FMLA through its response to the Plaintiffs FMLA leave requests. This conduct violates 29 U.S.C. §2615(a)(1).
35. The Plaintiffsuffered an adverse employment action; namely, termination of employment.
36. There is a causal connection between the protected activity in which the Plaintiff engaged and the adverse employment action suffered.
37. The defendant's termination ofthe Plaintiff's employmentviolate~ 29 U.S.c. §2615(a)(1) and (2).
38. As a direct result ofthe Defendant's unlawful conduct, as set forth above, the Plaintiffhas suffered, and continues to suffer, the loss ofincome and the loss ofthe value of fringe benefits she received while in the defendant's employ.
WHEREFORE, the Plaintiff prays that the Court enter judgment against the Defendant for the following damages:
A Lost wages, past and future; B. The value of his lost fringe benefits, past and future; C. Prejudgment and post-judgment interest;
.
D. That the Court award the Plaintiff an additional amount as liquidated
9

Case 2:04-cv-00364-UA-SPC Document 13 Filed 11/29/2004 Page 10 of 10
damages equal to that awarded pursuant to Paragraph A-C, above; E. That the Court award the Plaintiff the costs of this action, including
reasonable attorney's fees; and F. That the Court award any other relief it deems just and proper. JURY TRIAL DEMAND Intervenor Plaintiff requests a jury trial on all questions of fact raised by the
complaint. Respectfully Submitted,
The Law Office of Jason L. GUnter, P.A. 1625 Hendry Street, Suite 103 Ft. Myers, FL 33901 Phone: 239.334.7017 Fax: 239.334.7622 gunterlaw@earthlink.net Attorney for Intervenor Plaintiff Maus
10

 
 Case 2:04-cv-00364-UA-SPC Document 53 Filed 05/22/2006 Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and MICHELLE MAUS,

Plaintiff-Intervenor

vs.

Case No. 2:04-cv-364-FtM-33SPC

ACCULAB LABORATORIES, INC., d/b/a ACCULAB,
Defendant. ___________________________________

ORDER This matter came before the Court for a pretrial conference on May 22, 2006. The Court grants plaintiff’s oral motion to compel production of documents. Defendant Acculab Laboratories, Inc. shall provide plaintiff with its 2004 and 2005 income tax returns and year end statements no later than June 5, 2006. Accordingly, it is now ORDERED: Plaintiff’s oral motion to compel production of documents is GRANTED, and defendant Acculab Laboratories, Inc. shall provide

Case 2:04-cv-00364-UA-SPC Document 53 Filed 05/22/2006 Page 2 of 2 plaintiff with its 2004 and 2005 income tax returns and year end statements no later than June 5, 2006.
DONE AND ORDERED at Fort Myers, Florida, this 22nd May, 2006.
Copies: Counsel of record
-2-

 
 I I~
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1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
---------- Fr. MYERS DIVISION
.. -------·----------------.---~--) )

UNITED STATES EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

)

)

2:04-ev-364-Ft.M-JJSPC

)

Plaintiff,

)

Judge John E. Steele

)

and

)

)

MICHELLE MAUS,

)

)

Plaintiff-Intervenor

)

)

v.

)

)

)

ACCULAB LABORATORIES, INC., d/b/a ACCULAB.) )

---------·-·--------.D.-e.fe..n.d.a.n-t-. ------------)

CONSENT DECREE
THE LITIGATION 1. · Plaintiff Equal Employment Opportunity Commission ("EEOC") filed this action alleging Defendant, Acculab Laboratories, Inc., a Nevada Corporation, ("Defendant''), violated Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et. seq., ("Title VII") by discriminating against Charging Party Michelle Maus ("Maus") on the basis of sex and by retaliating against her for complaining about the discrimination. Maus intervened on November 29,2004. Specifically, EEOC and Maus alleged that Defendant violated Title Vll by subjecting Maus to a sexually hostile work environment by allowing her supervisor's brother, a nonemployee, to sexually harass her on an ongoing basis at its Port Charlotte, Florida facility and by

CCaassee22:0:044--ccvv--0000336644--UUAA-S-SPPCC DDooccuummeenntt5567-2-2 FiFleilded060/61/21/32/0200606 PPagaege22ofo1f 010
o tGtitftaa\igtheviBG)afil1aW'ft-&i'E'ompli~h6c'rtealar~hlebfl5natnlOOmterie'ftge 2 of 1
additionally alleged that Defendant violated the Family Medical Leave Act. 2. In the interest of resolving this matter and avoiding time and future costs of
continuing the litigation and as a result ofhaving engaged in comprehensive settlement negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree ("Decree"). This Decree fully and finally resolves any and all issues and claims arising out of the Complaints filed by EEOC and Maus in this action.
FINDINGS Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following: a. · This Court has jurisdiction of the subject matter of this action and of the parties. b. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its terms or the right of the EEOC to bring an enforcement suit upon alleged breach of any term(s) of this Decree. c. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The right ofthe Complainant and the public interest are adequately protected by this Decree. d. This Decree conforms with 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 Michelle Maus, Acculab Laboratories, Inc., EEOC and the public.
e. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, and officers of Acculab Laboratories, Inc.

CCaassee22:0:044-c-cvv-0-000336644-U-UAA-S-SPPCC DDooc:c;uummeenntt5567-2-2 FiFleilded060/61/21/32/0200606 PPagaege33ofo1f 010
Case 2:04-cv-00364-UA-SPC Document 55-2 Filed 05/31/2006 Page 3 of 103 NOW, TIIEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: GENERAL INJUNCTIVE PROVISIONS 3. Defendant acknowledges its responsibility under Title VII to maintain a sexually
hostile-free work environment and accordingly, Acculab Laboratories, Inc., its officers, agents (including management personnel) are hereby enjoined from discriminating on the basis of sex.
4. Acculab Laboratories, Inc., its officers, agents, employees and all persons acting in concert with it 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.
ADOPTION AND DISTRIBUTION OF NEW POLICY AGAINST SEXUAL HARASSMENT
5. Acculab Laboratories, Inc. shan create a new anti-discrimination policy ("Policy") to be distributed to all current and future employees within thirty (30) days after entry of this Consent Decree. The Policy shall clearly defme prohibited conduct and specifically prohibit suggestive sexual comments, insults, jokes, intimidation, unwelcome touching, and sexually explicit literature. The Policy shall also specify that prohibited behavior will not be tolerated from its employees, customers, clients and any other person~ present at any of its facilities. The Policy shall provide that complaints of ~exual harassment may be made to any person in the chain of command above an employee or directly to human resources personnel; employees who make complaints ofharassment or provide information related to such complaints will be protected against retaliation; employees will not be required to complain of harassment to a person against whom they allege harassment; the employer will protect the

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Case 2:04-cv-00364-UA-SPC Document 55-2 Filed 05/31/2006 Page 4 of 1tl confidentiality ofharassment complaints to the extent possible; the employer will take immediate and appropriate corrective action if and when it detennines that harassment has occurred; employees who violate the policy are subject to discipline up to and including discharge.
6. A copy ofthe Policy shall be forwarded to EEOC within thirty (30) calendar days of entry of this Consent Decree. This and any other submissions, reports, certifications, notices, or other materials that are required to be submitted to EEOC shall be mailed to: Acculab Laboratories, Inc. 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.
7. The Policy shall be distributed to all ofDefendant's employees and management staff and shall be included in any relevant policy or employee manuals kept by Defendant's business. The Policy shall also be kept and maintained in a conspicuous and accessible place for all employees at all ofAcculab Laboratories, Inc.'s facilities and printed in a font that is easily legible (at least 11 point font).
8. A copy of the Policy shall be distributed to each new regular full-time, part-time, or temporary employee on the day the employee is hired. The manager responsible for distributing the Policy to each new employee shall review the Policy in depth with the employee. Acculab Laboratories, Inc. shall maintain records demonstrating that each new employee discussed the Policy with the responsible manager and illustrating the length of time spent discussing the Policy,
TRAINING 9. During each of the three (3) years covered by this Decree~ Defendant shall provide training to all Acculab Laboratories, Inc. employees, including all management

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Case 2:04-cv-00364-UA-SPC Document 55-2 Filed 05/31/2006 Page 5 of ~0 personnel, on equal employment opportunity laws (including sexual harassment and retaliation) and the new Policy. The training shall be conducted by Mark Brewer, Esq. or another entity as mutually agreed upon with EEOC. The first training shall take place within sixty (60) calendar days of entry ofthis Decree. The remainder of the training sessions shall take place annually and no later than March 30th of each year throughout the duration of the Decree.
10. Within ten (10) calendar days of the completion oftraining, Acculab Laboratories; Inc. shall notify EEOC of the dates the training was conducted, the name and job title oftheperson(s) who conducted the training, and the name and job title of each person who received the training.
11. Acculab Laboratories, Inc. agrees to provide EEOC, upon request, with any and all copies ofpamphlets, brochures, outlines or other written materials provided to the participants of the training sessions.
POSTING OF NOTICE 12. Within five (5) business days after entry of this Decree, Acculab Laboratories, a Nevada Corporation, Inc. shall post an eight and one-half(8.5) by eleven (11) inches laminated copy of the Notice attached as Exhibit A to this Decree at all ofits facilities in Florida in a conspicuous location easily accessible to and commonly frequented by employees of Acculab Laboratories, Inc. TheNotice shall remain posted for two (2) years from the date of entry of this Decree. Acculab Laboratories, Inc. shall take aU reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Acculab Laboratories, Inc. shall certify to EEOC in writing within ten (10) business days after entry of the Decree that the Notice has been properly posted.

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Case 2:04-cv-00364-UA-SPC Document 55-2 Filed 05/31/2006 Page 6 of 1~
BECORD KEEPING 13. For a period of three (3) years following entry of this Decree, Acculab Laboratories, Inc. shall maintain and make available for inspection and copying by EEOC records (including name, age, social security number, address, telephone number, complaint and resolution of the complaint) ofeach person complaining about discrimination on the basis of sex and/or retaliation.
14. Acculab Laboratories, Inc. shall make all documents or records referred to in Paragraphs 6, 7 and 11, available for inspection and copying within five (5) business days after EEOC so requests. In addition, Acculab Laboratories, Inc. shall provide the last known home address, home telephone number, and mobile telephone number, ifknown, for all persons within its employ during the term ofthe Decree whom EEOC requests and identifies for purposes of verifying compliance with this Decree within five (5) business days ofEEOC's request. Moreover, Acculab Laboratories, Inc. shall pennit employees whom EEOC requests to interview for the purposes ofverifying compliance with this Decree to speak confidentially with EEOC. In the event that EEOC is unable to contact an employee for purposes ofverifying compliance with this Decree, it shall notify Acculab Laboratories, Inc. and Acculab Laboratories, Inc. shall, within five (5) business days, provide EEOC with the employee's scheduled hours ofwork over the next fourteen (14) day period so that EEOC can conduct these interviews at these employees' breaks, at the end ofthe day, or at some other time convenient to the employee and EEOC. Acculab Laboratories, Inc. agrees that it will not discourage employees from participating in these interviews.

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7

15. Nothing contained in this Decree shall be construed to limit any obligation Acculab Laboratories, Inc. may otherwise have to maintain records under Title VII or any other law or regulation.

REPORTING

16. Acculab Laboratories, Inc. 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 36 (thirty six)

months after entry ofthe Decree. Each such report shall contain:

a. A description of each complaint of sexual harassment, sex discrimination

and/or retaliation, including the names of the complaining parties and witnesses and the resolution ofsuch complaint, occurring within the six (6) month period preceding the report.

Infonnation identifying Acculab Laboratories, Inc. employees produced pursuant to this Decree

will only be used to facilitate compliance with this Decree.

b. A certification by Acculab Laboratories, Inc. that the Notice required to be posted in Paragraph 12, above, remained posted during the entire six (6) month period preceding

the report .for the first two (2) years of the length of the Decree.

MONETARY RELIEF FOR COMPLAINANT

17.

Defendant shall pay a total sum of$ 25.000 to resolve this litigation.

a. $12.500 shall be paid within five (5) calendar days of entry of this Decree. b. $6. 250 shall be paid within thirty (30) calendar days of entry ofthis

Decree.

c. $6,250 shall be paid within sixty (60) calendar days of entry of this Decree.

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d. $ 1.360

shall be representative oflost wages, less amounts

required to be withheld for federal, state, and local income taxes. Defendant will

issue an IRS Fonn W-2, and shaH be responsible for paying the employer's share

of any federal, state and local, income taxes, and social security withholdings.

e. $ 23. 640 shall be representative of compensatory and punitive damages.

Defendant shall issue an I.R.S. Form 1099 to Maus for this amount.

f. All payments shall issue, by certified mail to Michelle Maus c/o Jason

Gunter, Esq. 1617 Hendry Street, Ft. Myers, Florida 33601. Copies of the

payments and I.R.S. Form 1099 shall be forwarded to the attention ofLauren G.

Dreilinger, Trial Attorney, U.S. Equal Employment Opportunity Commission,

One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida

33131.

18. IfDefendant fails to tender the payment described in paragraph 17, above, then Defendant shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 662l{b) until the same is paid, and bear any additional costs incurred by the EEOC and Plaintiff-Intervenor caused by the non-compliance or delay of the Defendant.

DISPUTE RESOLUTION 19. In the event that EEOC believes that Defendant has failed to comply with any provision(s) of the Decree, EEOC 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 EEOC's ability to bring an action to enforce the terms of the Decree in this Court.

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DURATION OF THE DECREE AND RETENTION OF JURISDICTION 20. All provisions of this Decree shall be in effect for a period of three {3) years immediately following entry of the Decree.

21. Each party to this Decree shall bear its own expenses, costs and attorneys• fees.
For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:
4L7!ct~..i L~ A r !Jrr
..,....... /fiELNER FRANKLIN-THOMAS Regional Attorney Pennsylvania Bar No. 54205 1 South Biscayne Blvd., Suite 2700 Miami, Florida 33131

Nora E. Curtin Supervisory Trial Attorney New York Bar No. 2357697
Lauren G. Dreilinger Trial Attorney New York Bar No. 75028890

NG

R.,ESQ.

A orn y for Plaintiff-Interven r

F • a Bar No. 0134694

1617 Hendry Street

Ft. Myers, Florida 33601

SO ORDERED:

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EXHBITTA
NOTICE TO ALL ACCULAB LABORATORIES, INC. EMfLOXEES
This Notice is being posted pursuant to a Consent Decree entered by the U.S. District Court in EEOC and Maus v. Acculab Laboratories. Inc.. d/b/a Acculab, 2:04-cv-364-FtM33SPC. Acculab Laboratories, Inc., a Nevada Corporation, has adopted a policy that prohibits discrimination against employees based on sex in violation ofTitle VII ofthe 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. Acculab Laboratories, Inc. will not condone employment discrimination of any kind as set forth in federal antidiscrimination laws, including, but not limited to, sexual harassment and retaliation.
Acculab Laboratories, Inc. 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 Acculab Laboratories, Inc.'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. Ifyou believe you have been discriminated against, you may contact EEOC at (305) 808-1740. EEOC charges no fees and has employees who speak languages other than English.
This Notice must remain posted for two (2) years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice ofcompliance with its terms may be directed to: Acculab Laboratories, Inc. Settlement, c/o EEOC, 1 Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, Miami, Florida 33131.

Date:

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?438290677507468-L_3...

U.S. District Court Middle District of Florida (Ft. Myers) CIVIL DOCKET FOR CASE #: 2:04-cv-00364-UA-SPC

CLOSED, SPC

EEOC v. Acculab Laboratories Assigned to: Judge Unassigned Judge Referred to: Magistrate Judge Sheri Polster Chappell Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 07/06/2004 Date Terminated: 06/13/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Jennifer N. Brown Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6012 Fax: 3055364494 Email: jennifer.brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren G. Dreilinger U. S. Equal Employment Opportunity Commission 2 South Biscayne Blvd. Suite 2700 Miami, FL 33131 305/808-1788 Fax: 305/808-1835 Email: lauren.dreilinger@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nora Ellen Curtin EEOC 2 South Biscayne Blvd. Suite 2700 Miami, FL 33131 305/808-1789 Fax: 305/808-1835 Email: nora.curtin@eeoc.gov ATTORNEY TO BE NOTICED

Intervenor Plaintiff

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Michelle Maus
V. Defendant Acculab Laboratories, Inc. doing business as Acculab
Intervenor Defendant Acculab Laboratories, Inc. doing business as Acculab

represented by Jason L. Gunter Webb, Scarmozzino & Gunter, PA 2nd Floor 2121 W First St Ft Myers, FL 33901 239/334-1600 Fax: 239/334-7979 Email: jason@wsglawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mark Paxton Brewer Acculab 1734 Northgate Blvd Sarasota, FL 34234-2116 941/351-4000 Fax: 941/351-4717 Email: mpb@accusys.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael G. Brown Law Office of Michael G. Brown P.O. Box 19702 Sarasota, FL 34276 941-780-1300 Fax: 941-922-5045 Email: mgbrownesq@aol.com TERMINATED: 04/05/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Roy William Howard 1734 Northgate Blvd. Sarasota, FL 34234 941/351-4000 Fax: 941/351-4717 Email: rwh@acculab.info ATTORNEY TO BE NOTICED
represented by Mark Paxton Brewer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Roy William Howard (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/06/2004 07/06/2004 07/06/2004 07/08/2004 07/08/2004
07/19/2004
07/19/2004
09/21/2004
09/27/2004
10/08/2004 10/08/2004 10/08/2004 11/12/2004 11/29/2004

#

Docket Text

1 COMPLAINT filed; jury demand. (drn) (Entered: 07/06/2004)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Sheri Polster Chappell (drn) (Entered: 07/06/2004)
SUMMONS(ES) issued for Acculab Laboratories. (drn) (Entered: 07/06/2004)
2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (kma) (Entered: 07/08/2004)
3 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 7/19/2004. Signed by Judge John Steele on 7/8/04. (slu, ) (Entered: 07/12/2004)
4 NOTICE of pendency of other actions re order of compliance to Local Rule by Equal Employment Opportunity Commission (Brown, Jennifer) (Entered: 07/19/2004)
5 CERTIFICATE of interested persons and corporate disclosure statement by Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 07/19/2004)
6 Case reassigned to Judge Virginia M. Hernandez Covington. Judge John E. Steele no longer assigned to the case. New case number: 2:04-cv-364-FTM-33SPC (LAG, ) (Entered: 09/21/2004)
7 AFFIDAVIT OF LOST SUMMONS/RETURN of service executed on 9/21/04 by Equal Employment Opportunity Commission as to Acculab Laboratories, Inc.. (slu, ) (Entered: 09/28/2004)
8 ANSWER to complaint and Affirmative defenses by Acculab Laboratories, Inc. (apv) (Entered: 10/13/2004)
9 CERTIFICATE of interested persons and corporate disclosure statement by Acculab Laboratories, Inc. (apv) (Entered: 10/13/2004)
10 NOTICE of pendency of other actions re order of compliance to Local Rule by Acculab Laboratories, Inc. Related case(s): none (apv) (Entered: 10/13/2004)
11 UNOPPOSED MOTION and incorporated memorandum of law to intervene by Michelle Maus. (slu, ) (Entered: 11/15/2004)
12 ORDER granting 11 the Intervenor Michelle Maus' Unopposed Motion to Intervene. The Clerk is directed to file the Complaint of the Intervenor Plaintiff Michelle Maus attached to the Motion as Exhibit A with the Court. Signed by Judge Sheri Polster Chappell on 11/29/2004. (lmh, ) (Entered: 11/29/2004)

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11/29/2004 11/29/2004 12/07/2004 12/16/2004 12/22/2004 01/07/2005 01/10/2005
04/27/2005
09/14/2005 09/22/2005 10/26/2005 12/02/2005
12/12/2005
12/13/2005
12/14/2005 12/14/2005

13 INTERVENOR'S COMPLAINT , filed by Michelle Maus. Jury Trial Demanded and Injunctive Relief Sought.(slu, ) (Entered: 12/01/2004)
14 DEMAND for trial by Jury by Michelle Maus. (slu, ) (Entered: 12/01/2004)
15 CASE MANAGEMENT REPORT. (Brown, Jennifer) (Entered: 12/07/2004)
16 NOTICE of pendency of other actions re order of compliance to Local Rule by Michelle Maus Related case(s): no (Gunter, Jason) (Entered: 12/16/2004)
17 ANSWER to intervenor complaint by Acculab Laboratories, Inc.(bls) (Entered: 12/23/2004)
18 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Sheri Polster Chappell on 1/7/2005. (LAG, ) (Entered: 01/07/2005)
19 NOTICE by Michelle Maus Rule 26 Initial Disclosures (Gunter, Jason) Modified on 1/11/2005 (slu). COUNSEL NOTIFIED OF LOCAL RULE 3.03 AND FILING OF DISCOVERY MATERIAL (Entered: 01/10/2005)
20 NOTICE of unavailability of counsel byAcculab Laboratories, Inc., Acculab Laboratories, Inc. from December 17, 2005 to December 27, 2005. (Howard, Roy) (Entered: 04/27/2005)
21 NOTICE of Appearance by Michael G. Brown on behalf of Acculab Laboratories, Inc. (Brown, Michael) (Entered: 09/14/2005)
22 NOTICE by Acculab Laboratories, Inc. of Taking Deposition of Michelle Maus (Brown, Michael) (Entered: 09/22/2005)
23 NOTICE of unavailability of counsel byEqual Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 10/26/2005)
24 NOTICE of unavailability of counsel byAcculab Laboratories, Inc. from December 16, 2005 to December 23, 2005. (Brown, Michael) (Entered: 12/02/2005)
25 Joint MOTION to extend time to Conduct Mediation, Pre-Trial Filings and Trial Date by Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 12/12/2005)
26 ENDORSED ORDER granting 25 Joint Motion for Extension of Time to Conduct Mediation, Conduct Two Depositions, File Pre-Trial Materials and Extend the Trial Date. The motion is granted; however, the date for the Pre-Trial Conference will be scheduled separately by the clerk's office. Signed by Judge Virginia M. Hernandez Covington on 12/13/2005. (agm) (Entered: 12/13/2005)
27 NOTICE by Equal Employment Opportunity Commission Notice of Mediation (Dreilinger, Lauren) (Entered: 12/14/2005)
28 AMENDED NOTICE of Hearing: Final Pretrial Conference set for 5/4/2006 11:00 AM in Courtroom B before Judge Virginia M. Hernandez Covington. Jury Trial set for 3/6/2006 09:00 AM in Courtroom B before Judge Virginia M. Hernandez Covington. (laf) (Entered: 12/14/2005)

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12/14/2005 02/16/2006 03/09/2006 03/09/2006 03/09/2006 03/09/2006 03/09/2006 03/09/2006 03/10/2006
03/28/2006 03/31/2006 03/31/2006 04/05/2006 04/12/2006
04/13/2006 04/13/2006

29 AMENDED NOTICE of Hearing: Jury Trial reset for term commencing 6/5/2006 09:00 AM in Courtroom B before Judge Virginia M. Hernandez Covington. (laf) (Entered: 12/14/2005)
30 MEDIATION REPORT Hearing held on 2/10/2006 Hearing outcome: IMPASSE(Singletary, Cary) (Entered: 02/16/2006)
31 JOINT PRETRIAL STATEMENT filed by Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4 # 5)(Dreilinger, Lauren). Modified on 5/15/2006 to correct title (RKM). (Entered: 03/09/2006)
32 EXHIBIT LIST and Plaintiffs' Exhibits by Equal Employment Opportunity Commission.. (Attachments: # 1 # 2)(Dreilinger, Lauren) (Entered: 03/09/2006)
33 PROPOSED jury instructions by Equal Employment Opportunity Commission. (Dreilinger, Lauren) (Entered: 03/09/2006)
34 PROPOSED verdict form filed byEqual Employment Opportunity Commission. (Dreilinger, Lauren) (Entered: 03/09/2006)
35 PROPOSED voir dire questions by Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 03/09/2006)
36 PROPOSED voir dire questions by Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 03/09/2006)
37 NOTICE by Acculab Laboratories, Inc. re 32 Exhibit List Defendant's Exhibit List (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit)(Brown, Michael) (Entered: 03/10/2006)
38 TRIAL BRIEF Plaintiffs by Equal Employment Opportunity Commission. (Dreilinger, Lauren) (Entered: 03/28/2006)
39 MOTION in limine by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Curtin, Nora) (Entered: 03/31/2006)
40 TRIAL BRIEF Defendant's Trial Brief by Acculab Laboratories, Inc.. (Brewer, Mark) (Entered: 03/31/2006)
41 NOTICE of Appearance by Mark Paxton Brewer on behalf of Acculab Laboratories, Inc. (Brewer, Mark) (Entered: 04/05/2006)
42 ORDER deferring ruling on 39 Plaintiff's Motion in Limine to Exclude Evidence Regarding Certain Documents Identified as Exhibits by Defendant. The Court defers ruling on Plaintiff's Motion in Limine 39 until such time as a trial is imminent. Signed by Judge Virginia M. Hernandez Covington on 4/12/2006. (agm) (Entered: 04/12/2006)
43 AMENDED NOTICE of Hearing: Final Pretrial Conference RESET for 5/30/2006 09:00 AM in Courtroom A before Judge John E. Steele. (laf) (Entered: 04/13/2006)
44 AMENDED NOTICE of Hearing: Jury Trial set for term commencing 6/5/2006 in Courtroom A before Judge John E. Steele. (laf) (Entered: 04/13/2006)

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04/14/2006 05/01/2006 05/09/2006 05/09/2006 05/09/2006 05/09/2006 05/10/2006 05/22/2006
05/22/2006
05/25/2006 05/26/2006 05/31/2006 06/12/2006

45 AMENDED NOTICE of Hearing: Final Pretrial Conference RESET for 5/22/2006 09:00 AM in Courtroom A before Judge John E. Steele. (laf) (Entered: 04/14/2006)
46 NOTICE by Acculab Laboratories, Inc. Change of Counsel (Brewer, Mark) (Entered: 05/01/2006)
47 AMENDED NOTICE of Hearing: Final Pretrial Conference set for 5/30/2006 09:00 AM before Judge John E. Steele. Jury Trial set for term commencing 6/5/2006 before Judge John E. Steele. (laf, ) (Entered: 05/09/2006)
48 AMENDED NOTICE of Hearing: Final Pretrial Conference set for 5/30/2006 09:00 AM in Courtroom A before Judge John E. Steele. (laf, ) (Entered: 05/09/2006)
49 FINAL AMENDED NOTICE of Hearing: Final Pretrial Conference set for 5/22/2006 09:00 AM before Judge John E. Steele. (laf, ) (Entered: 05/09/2006)
50 TRIAL CALENDAR for trial term June 2006. Jury Trial set for trial term commending 6/5/2006 before Judge John E. Steele. Signed by Judge John E. Steele on 5/9/2006. (BMA ) (Entered: 05/09/2006)
51 AMENDED TRIAL CALENDAR (to correct a clerical error). Signed by Judge John E. Steele on 5/10/2006. (BMA ) (Entered: 05/10/2006)
52 MINUTE ENTRY for proceedings held before Judge John E. Steele : FINAL PRETRIAL CONFERENCE held on 5/22/2006. Court Reporter: Jeffrey G. Thomas (BMA ) Attachment added on 5/22/2006 (BMA ). Modified on 5/22/2006 to correct attorney appearances (BMA ). (Entered: 05/22/2006)
53 ORDER granting oral motion to compel production of documents. Defendant Acculab Laboratories, Inc. shall provide plaintiff with its 2004 and 2005 income tax returns and year-end statements no later than June 5, 2006. Signed by Judge John E. Steele on 5/22/2006. (RKM) Modified on 5/22/2006 (slu). (Entered: 05/22/2006)
Case Reassigned to Unassigned Judge. New case number: 2:04-cv-364-FtM-99SPC. Judge Virginia M. Hernandez Covington no longer assigned to the case. (slu) (Entered: 05/25/2006)
54 NOTICE of Hearing: Jury Trial set for 6/27/2006 at 09:00 AM in Courtroom A before Judge Gregory A. Presnell. (BMA ) (Entered: 05/26/2006)
55 NOTICE OF FILING CONSENT DECREE for court approval by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree)(Dreilinger, Lauren) Modified on 5/31/2006 (slu). (Entered: 05/31/2006)
56 ORDER directing the Clerk to enter Judgment adopting the attached endorsed Consent Decree with the Court retaining jurisdiction over its enforcement and by attaching a copy of the Consent Decree to said judgment. The Clerk shall terminate all deadlines, including trial, and close the case. Signed by Judge John E. Steele on 6/12/2006. (Attachments: #(1) Consent Decree)(RKM) (Entered: 06/12/2006)

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06/13/2006

57 JUDGMENT (Signed by Deputy Clerk) (Attachments: # 1 Consent Decree) (slu) (Entered: 06/13/2006)

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