~JS44 (Rev.)lQ.9r-, : " 1 ' : ,

CIVIL COVER SHEET

th~ contai~ed ~upplement an~ The JS-44 civil {;over'sHei!tinh ihf1lition

herein neither replace nor

the filing service of'pleadings or other papers <:tS required

by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the Umted States m September 1974, IS reqUired for the

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

I. (a) PLAINTIFFS

DEFENDANTS

U S Equal Employment OpportUnIty CommissIOn

BLUEGREEN CORPORATION

(b) County of Residence of First Listed PlamtIff _-,D~A",L~L.:.:.A~S.:..-_ _ _ _ __ (EXCEPT IN U S PLAINTIFF CASES)
(c) Attorney's (Firm Name, Address, and Telephone Number)
Devlka Dubey, Tnal Attorney EEOC-Dallas Dlstnct Office 207 S Houston, 3'" Floor Dallas, Texas (214) 655-3338

County of ReSidence of First listed Defendant _ _ _ _ _ _ _ _ _ _ __ (IN U S PLAINTIFF CASES ONLY)
NOTE IN LAND CONDEMNATION CASES. USE THE LOCAnON OF THE LAND IN VOLVED
Attorneys (If Known)
3-02CV1760- D

II. BASIS OF JURISDICTION (PI""e an "X" m One Box Only}-"""-

X IUS Government PlamOtT

o 3 Federal Question
(U S Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" m One Box for Plamtlff

(For DiverSity Cases Only)

and One Box for Defendant)

Citizen of This State

PTF DEF 01 01

PTF DEI'

o Incorporated or PrInCipal Place

4 04

of Busmess In ThiS State

o 2 U.S Government
Defendant

o 4 DlvefSlty
(Indicate Citizenship of Parties m Item IiI)

CItizen of Another State 0 2 02 Incorporated and Prmcipal Place 0 5 05
of Busmess In Another State

03 03 Foreign Nation

o 6 06

IV. NATURE OF SUIT CONTRACT

(Place an "X" in One Box Only)
TORTS

FORFEITUREIPENALTY

BANKRliPTCY

0 110 Insurance

PERSO"IALINJURY

PERSONAL INJURY 0

0 120 Manne

0 310 AIrplane

0 362 Personal Injury- 0

0 130 MJller Act

0 315 AIrplane Product

Med MalpraCIJce 0

0 140 NegotIable Instrument

LiabIlity

0 365 Personal InjUry -

0 150 Recovery of Overpayment 0 320 Assault, LIbel &

Product Llablhty

0

& Enforcement of Judgmen

Slander

0 368 Asbestos Personal 0

0 151 MedIcare Act

0 330 Federal Employers'

InjUry Product

0

0 152 Recovery of Defaulted

Llablilty

LlabJilty

0

Student Loans

0 340 Manne

PERSONAL PROPERTY

(Excl Veterans)

0 345 Manne Product

0 370 Other Fraud

0

0 153 Recovery of Overpayment

Llablhty

0 371 Truth III Lendmg

of Veteran's Benefits 0 350 Motor Veillcle

0 380 Other Personal

0 160 Stockholders' SUIts 0 190 Other Contract

0 355 Motor VehIcle Product LIabIlity

Property Damage 0 385 Property Damage

0

0 195 Contract Product LlabJilty 0 360 Other Personal Injury

Product Liability

0

REAL PROPERTY

CIVIL RIGHTS

0 210 Land CondemnatIOn

0 441 Votmg

0 220 Forecl osure

X 442 Employment

0 230 Rent Lease & Ejectment 0 443 Housmgl

0 240 Torts to Land

AccommodatIOns

0 245 Tort Product Llablhty 0 444 Welfare

0 290 All Other Real Property 0 440 Other CIvil RIghts

PRISONER PETITIONS 0

0 5 I 0 MotIOns to Vacate

Sentence

0

Habeas Corpus

0 530 General

0

0 535 Death Penalty

0 540 Mandamus & Other 0

0 550 CIVIl RIghts

0 555 Pnson CondllJon

610 Agnculture 620 Other Food & Drug 625 Drug Related SeIzure
of Property 2I USC 630 LIquor Laws 640 R R & Truck 650 Alrhne Regs 660 OccupatJonal
SafetylHealth 690 Other

0\22 Appeal 28 USC 158
0\23 WIthdrawal 28 USC 157
PROPERTY RIGHTS
[820 Copynghts [830 Patent [840 Trademark

LABOR

SOCIAL SECURITY

710 Fair Labor Standards [861 HIA (1395fl)

Act

[862 Black Lung (923)

720 Labor/Mgmt RelatIOns [863 DIWC/DIWW (405(g))

[864 SSID TItle XVI

730 LaborlMgmt Reportmg Dl65 RSI (405(g))

& DISclosure Act 740 Railway Labor Act

FEDERAL TAX SUITS

790 Other Labor LitIgatIOn

Dl70 Taxes (U S P am!Jff or Defendant

791 Empl Ret Inc Secunty Act

Dl71 IRS-ThIrd P rty 26 USC 7609

OTHER STATUTES
o 400 State ReapportIOnment o 410 AntItrust o 430 Banks and Bankmg o 450 Commerce/ICC Rates/etc o 460 DeportatIOn o 470 Racketeer Influenced and
Corrupt OrganIzatIOns
o 810 SelectIve ServIce o 850 Secuntles/CommodJlJesi
Exchange
o 875 Customer Challenge
12 USC 3410
o 89 I Agncultural Acts o 892 EconOlTIlc StablhzatlOn Act o 893 EnVIronmental Matters o 894 Energy AllocatJon Act o 895 Freedom of
InfonnatlOn Act
o 900 Appeal of Fee
DetennmatlOn Under Equal Access to JustIce
o 950 ConstItutIOnalIty of
State Statutes
o 890 Other Statutory ActIOns

V. ORIGIN
X I Onginal ProceedIng

(PLACE AN "X" IN ONE BOX ONLY)

o 2 Removed from
State Court

03 Remanded from Appellate Court

Transferred from another distnct 0 4 Re instated or 0 5 (specIfy)
Reopened

DE Multldlstrict
LItIgatIOn

A~eal to DiStrict Ju ge from
0 7 MagIstrate Judgment

VI.

CAUSE OF ACTION

(CIte the U S CIVIl Statute under willch you are fihng and wnte bnef statement of cause Do not cite JunsdlctlOnal statutes unless dIverSIty)

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 ~nlawful employment practices on the

baSIS of sex and to provide appropriate relief to Jacque Raines and other similarly situated individuals subjected to as xually hostile work environment,

based upon theIr sex, female, and constructIvely dischargmg Jacque Raines and other similarly sItuated mdlviduals fr m theIr employment

VII. REQUESTED IN

o CHECK IF THIS IS A CLASS ACTION

DEMANDS

CHEC YES only If demanded In complamt

COMPLAINT:

UNDER F R C P 23

JURY ~EI\lAND:

X Yes o No

VIII. RELATED CASE(S) IF ANY

(See ItlstructIons)

DATE
gjJ5jO;;-

JUDGE
SlmrtJYhW;;F RECO~

DOCKETNUM BER

FOR OFFICE USE ONLY

RECEIPT # _ _ _ __ AMOUN _ _ _ _ _ __ APPLYING IFP _ _ _ _ _ __

JUDGE _ _ _ _ _ __ MAG JUDGE _ _ _ _ _ _ _ _ ____

s i IN THE UNITED STATES DISTRICT CO' RT

FOR THE NORTHERN DISTRICT OF T XAS

AUG I b 2002

DALLAS DIVISION

L

r

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

BLUEGREEN CORPORATION,

)

)

)

Defendant.

)

)

CIVIL ACTION NO.
3-0 2CV1760- D
COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION This an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide relief to Jacque Raines and other similarly situated individuals. The Commission alleges that Defendant, Bluegreen Corporation (hereafter "Defendant"), violated Title VII by subjecting Jacque Raines and other similarly situated individuals to a sexually hostile work environment based upon their sex, female, and by constructively discharging Jacque Raines and other similarly situated individuals from their employment.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §451, 1331, 1337, 1343, 1345. This action is authorized and instituted pursuant to Section 706(1)(t) and (3) of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C §2000e-5(t) (1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

2. The employment practices alleged to be unlawful were and are now being

committed within the jurisdiction of the United States District Court for the Northern District of

Texas.

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission ( "Commission"), is

an agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized

to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3).

4. At all relevant times, Defendant has continuously been and is now doing business

in the state of Texas and has continuously had at least fifteen employees.

5. At all relevant times, Defendant has continuously been an employer engaged in an

industry affecting commerce under 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 ofthis lawsuit, Jacque Raines filed a

charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as

amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been

fulfilled.

7. Since at least July 1998 and continuing from that time, the Defendant has

engaged in unlawful employment practices at its Granbury, Texas, in violation of Section

703(a) (1) of Title VII, 42 U.S.C. §2000e-2(a)(1), by subjecting Jacque Raines and other

similarly situated individuals to a sexually hostile work environment, and by constructively

2

discharging Jacque Raines and other similarly situated individuals from their employment.

8.

The result of the foregoing practices has been to deprive Jacque Raines and other

similarly situated individuals of equal employment opportunities because of their sex.

9. 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 Jacque

Raines and other similarly situated individuals.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendant, its officers, successors,

assigns, and all person in active concert or participation with it, from engaging in any

employment practice which discriminates on the basis of sex, or which facilitates, condones or

encourages employees to create a sexually hostile environment.

B. Order the Defendant to institute and carry out policies, practices, and programs

which provide equal employment opportunities for Jacque Raines and other similarly situated

individuals and eradicate the effects of its past and present unlawful unemployment practices.

C. Order the Defendant to make whole Jacque Raines and other similarly situated

individuals by providing appropriate back pay with prejudgment interest in amounts to be

determined at trial, front pay and pecuniary damages, including out-of-pocket expenses, and

other affirmative relief necessary to eradicate the effects of the Defendant's unlawful

employment practices, including but not limited to rightful place reinstatement under terms and

3

conditions which will permit Jacque Raines and other similarly situated individuals to work free from discrimination.
D. Order the Defendant to make whole Jacque Raines and other similarly situated individuals by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life, in amounts to be determined at trial.
E. Order the Defendant to pay Jacque Raines and other similarly situated individuals punitive damages for its malicious conduct or reckless indifference described in paragraphs 7 and 10 above, in an amount to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, NICHOLAS M. INZEO Acting Deputy General Counsel
4

~lff0,~S ROERTA. CANINO Regional Attorney Oklahoma State Bar No. 011782 '1~w. ~ST~tM Supervisory Trial Attorney Texas State Bar No. 04855720
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3338 (FAX) 214 655-3331
5

 
 IN THE UNITED STATES DISTRICT COURT

'" f\ lFOR THE NORTHERN DISTRICT OF TEXAS

oR\G-\\'i '"'\

DALLAS DIVISIONj

:"

AUG 2 5 2003

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION

§

§

Plaintiff,

§

§

VS.

§

§

BLUEGREEN CORPORATION,

§

§

Defendant.

§

§

§

3:02-CV-1760-K

ORDER

Before the Court are the following motions: 1. Bluegreen's Motion to Dismiss or in the Alternative Stay Proceedings; 2. Motion for Leave to Intervene by Jacque Raines and Jackie Sly; 3. Bluegreen's Motion for Leave to File Supplemental Opposition to Motion to
Intervene by Jackie Sly; and 4. Motion of Jackie Sly to Strike Bluegreen's Supplemental Opposition to
Motion for Leave to Intervene.

I. Motions Regarding Leave to Intervene On October 31, 2002, Jacque Raines and Jackie Sly moved to intervene in this
case. Defendant Bluegreen Corp. consented to Raines' intervention, but opposed intervention by Sly. Bluegreen subsequently filed a motion for leave to file supplemental opposition to Jackie Sly's intervention. Sly then moved to strike Bluegreen's supplemental opposition. One February 28,2003, Sly withdrew her motion to intervene, mooting Bluegreen's motion for leave and Sly's motion to strike. Raines' motion is the only remaining motion for leave to intervene, and it is unopposed. The Court GRANTS Raines motion to intervene and DENIES AS MOOT Bluegreens motion for leave and Sly's motion to strike.
II. Motion to Dismiss After reviewing Bluegreen's motion to dismiss, the Court determines that the
relief requested is not warranted. Therefore, the motion is DENIED.
SO ORDERED.
Augustz..~
EDKINKEADE UNITED STATES DISTRICT JUDGE
-2 -

 
 O L r) t\ G'" ~ :- } r~, 2003 IN THE UNITED STATES DIST CT CO lJl\i;o ? 0 \\ ~ \ "'! \ FOR THE NORTHERN DISTRIC OF TI ~.DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
BLUEGREEN CORPORATION,
Defendant.

. H) ~ __~_o ~ ~-----

~ ''. ,;"-

__ u

_ _ _ _ _~

~-

)

~-"'..------ ...--"~~

)

) CIVIL ACTION NO. 3-02CV1760-K

)

)

)

)

)

)

JURY TRIAL DEMAND

)

)

)

)

PLAINTIFF EEOC'S FIRST AMENDED COMPLAINT

This an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide relief to Jacque Raines. The Commission alleges that Defendant, Bluegreen Corporation (hereafter "Defendant"), violated Title VII by subjecting Jacque Raines to a sexually hostile work environment based upon their sex, female, and by constructively discharging Jacque Raines from employment.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §451, 1331, 1337, 1343, 1345. This action is authorized and instituted pursuant to Section 706(1)(f) and (3) of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 V.S.C §2000e-5(f) (1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Texas.

PARTIES 3. Plaintiff, Equal Employment Opportunity Commission ("Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been and is now doing business in the state of Texas and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under 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, Jacque Raines filed a

charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as

amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been

fulfilled.

7. Since at least July 1998 and continuing from that time, the Defendant has

engaged in unlawful employment practices at its Granbury, Texas, in violation of Section

703(a) (1) of Title VII, 42 U.S.C. §2000e-2(a)(I), by subjecting Jacque Raines to a sexually

2

hostile work environment, and by constructively discharging Jacque Raines from employment.

8.

The result of the foregoing practices has been to deprive Jacque Raines of

equal employment opportunities because of her sex.

9. 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 Jacque

Raines.

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns, and all person in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex, or which facilitates, condones or encourages employees to create a sexually hostile environment. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Jacque Raines and eradicate the effects of its past and present unlawful unemployment practices. C. Order the Defendant to make whole Jacque Raines by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay and pecuniary damages, including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of the Defendant's unlawful employment practices, including but not limited to

3

".
rightful place reinstatement under terms and conditions which will permit Jacque Raines to work free from discrimination.
D. Order the Defendant to make whole Jacque Raines by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life, in amounts to be determined at trial.
E. Order the Defendant to pay Jacque Raines punitive damages for its malicious conduct or reckless indifference described in paragraphs 7 and 10 above, in an amount to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
4

"
~~ ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782 :TOB:Y~2OSt TASu~
D Senior Trial Attorney Texas State Bar No. 17351400
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Dallas District Office 207 Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3358 (FAX) 214 655-3331
CERTIFICATE OF SERVICE
I certify that a true copy of the Plaintiff EEOC's First Amended Complaint was served on all counsel of record at the addresses below via United States First Class mail, postage prepaid,
requested on the ~.;/rof September, 2003.
Walter J. Kruger, III Fisher & Phillips, L.L.P. 1500 Resurgens Plaza 945 East Paces Ferry Road Atlanta, Georgia 30326
Robert Ruotolo Gerard Singer & Levick, P.C. 16200 Addison Road, Suite 140 Addison, Texas 75001
P:\BluegreenAmended Complaint.wpd
5

 
 ..

., to. L . .I.~ ~ ' ; ' -

. "

IN THE UNITED STATES DISTRICT COURT f'j I 1- ';

Ii ~ , ' , 1 :; I t\ fOR THE NORTHERN DISTRICT Of TEXAS- ...

Li l .\ i Ci I i \1/"1. L

DALLAS DIVISION I

FEB Z 7 2004

I

i

.. J

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION

§

§

Plaintiff,

§

§

VS.

§

§

BLUEGREEN CORPORATION,

§

§

Defendant.

§

§

§

J./ _ _ _._~_~_
CIVIL ACTION NO. 3:02-CV-1760-K

ORDER

Several motions are currently pending before the Court. Having considered the

merits of each, the Court rules as follows:

Plaintiff's Motion to Telephonically Depose Bluegreen Representative and

Plaintiff's Motion to Compel Discovery of Bluegreen's Investigative Material are

DENIED. Defendant's Motion to Compel Plaintiff and Defendant's Motion to Compel

Intervenor are GRANTED.

FSOeObRrDuEaRrEDy.Z~

ED KINKEADE UNITED STATES DISTRICT JUDGE

 
 r T,

P0 U.0.

m""STAD}Y 'UCTCOURT

NGRTHERN DISTRICT OF TEXAS

,, IN THE UNITED STATES DISTRICT OURTr-_F_I::::I.I:..-::E:::::D~_
FOR THE NORTHERN DISTRICT OF EXAS

DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION and JACQUE RAINES, §

§

Plaintiffs,

§

§

v.

§

§

BLUEGREEN CORPORATION,

§

§

Defendant.

§

CLERK, ISlRICT COURT
By -1-~::::--_ _
Deputy
Civil No. 3:02-CV-1760-K

ORDER OF DISMISSAL

Before the Court is the Stipulation of Dismissal pursuant Fed. R. Civ. P. 41 (a),

filed on June 22, 2004. The Stipulation of Dismissal is APPROVED. In the event either

party seeks enforcement of any provision of the settlement agreement in this matter (filed as

an attachment to the Stipulation of Dismissal on June 22, 2004), the United States District

Court for the Northern District of Texas, Dallas Division, shall retain jurisdiction over any

such action. This case is DISMISSED with prejudice.

v-P.- SO ORDERED.
DATED: September J..a.., 2006

ED KINKEADE UNITED STATES DISTRICT JUDGE

 
 \

u.s. DISTRICT COURT

NORTHERN DISTRlCT OF TEXAS

UNITED STATES DISTRICT COU T

FILED

NORTHERN DISTRICT OF TEXA

DALLAS DIVISION EQUAL EMPLOYMENT OPPORTUNITY )

JUN 222004

COMMISSION,

)

)

Plaintiff, and

)

CLERK, U.s.D~TRlCTCOURT
By ____----~~~--------Deputy

)

JACQUE RAINES,

)

)

Intervenor,

)

- v-

)

Civil Action No.

)

3-02 CV 1760-K

BLUEGREEN CORPORATION,

)

)

Defendant.

)

STIPULATION OF VOLUNTARY DISMISSAL

Comes now Plaintiff Equal Employment Opportunity Commission (EEOC), Intervenor, Jacque Raines ("Raines"), and the Defendant Bluegreen Corporation, by and through undersigned counsel, and pursuant to Rule 41(a), F.R.C.P., hereby voluntarily dismiss this action with prejudice, each party to bear its own costs and expenses.

The parties agree and the Court orders that in the event either party shall seek enforcement of

any provision of the settlement agreement in this matter (attached hereto and incorporated herein), that

the United States District Court for Northern District of Texas, Dallas Division, shall have jurisdiction

over any such action.

Entered this _ _ day of June, 2004.

We so stipulate FOR EEOC:

Judge, U.S.District Court FOR BLUEGREEN CORPORATION

TOBYW. COSTAS Supervisory Trial Attorney Texas State Bar No. 04855720 Dallas District Office 207 South Houston Dallas, TX 75202 (214) 253-2760, (214) 253-2749 (FAX)

WALTER 1. KRUGER, III Georgia Bar No.429926 FISHER & PHILLIPS, LLP 1500 Resurgens Plaza 945 East Paces Ferry Road Atlanta, Georgia 30326-1125 (404) 240-4233, (404) 240-4249 (FAX)

R Texas Bar No. 17398700 GERARD SINGER & LEVICK, PC 16200 Addison Road, Suite 140 Addison, TX 75001 (972) 380-5533, (972) 380-5748 FAX

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff, and

)

)

JACQUE RAINES,

)

)

Intervenor,

)

- v-

)

)

BLUEGREEN CORPORATION,

)

)

Defendant.

)

Civil Action No. 3-02 CV 1760-K

SETTLEMENT AGREEMENT

This Settlement Agreement is made and entered into between the Plaintiff, Equal

Employment Opportunity Commission ("EEOC"), Intervenor, Jacque Raines ("Raines"), and the

Defendant, Bluegreen Corporation ( "Company," as defined below):

In settlement of the above captioned lawsuit, and for and in consideration of the mutual

promises, covenants, and agreements made herein by and between the Equal Employment

Opportunity Commission (EEOC) and Bluegreen Corporation ("Company" a term which for the

purposes of this Agreement includes Company, Bluegreen Communities, Inc., the officers,

directors, shareholders, employees, agents, attorneys, contractors, and successors and assigns of

each) the parties agree as follows:

1. No Admissions. The parties agree that the entry of the parties into this Agreement, and

the agreements contained herein, are not and shall not be construed to be an admission of

liability on the part of any party hereto.

2. No Waiver, No Precedent. This Settlement Agreement resolves all issues and all like and related issues raised in EEOC Charge Number 310 AO 0566, as well as all issues in the Complaint filed by the Commission in this action. The Commission does not waive processing or litigating charges or cases, if any, other than the above referenced charge and complaint. The terms of this agreement are unique to the facts and circumstances of this case and shall not serve as precedent, nor shall the EEOC be bound by its terms or agreements, in any other case.
3. Certification by Bluegreen. Bluegreen hereby certifies that as to Bluegreen Communities' Texas Land Division (the "Texas Land Division"), Bluegreen has been doing and will continue to do the following: a. Bluegreen will continue to provide each of its employees and new hires in its Texas Land Division with copies of its current employee handbook, which handbook includes Bluegreen's policy against all fonns of harassment.
b. Bluegreen will continue to provide each of its employees and new hires in its Texas Land Division with a copy of Bluegreen's Policy No. 415 prohibiting sex harassment, which states:
Any employee who feels he/she has been the victim of sexual harassment in violation of this policy should immediately report the complaint to his/her manager, unless the employee is uncomfortable bringing the
complaint to that manager, * in which case it should be reported directly to
the Director of Human Resources at 561-912-8080, or to the Director of Corporate Legal Affairs at 561-912-8012. IN ADDITION, FOR THE CONVENIENCE OF ITS EMPLOYEES THE COMPANY HAS ESTABLISHED A TOLL FREE TELEPHONE NUMBER: 1-800-6007342, which may be utilized for any such reports.
2

c. Bluegreen will insert into this Policy at * the phrase "or if any employee believes
their supervisor is engaging in harassment,". d. Bluegreen will continue to educate its Texas Land Division land sales
representatives, by having its outside employment law legal counsel conduct training on employment law specifically including laws against discrimination and harassment, within 12 months from this date. e. Bluegreen will continue to post at its various locations within its Texas Land Division the standard legal posters regarding employment discrimination and harassment as required under federal and state laws. f. Bluegreen will post the Notice attached hereto as Exhibit A g. Counsel for Bluegreen shall inform EEOC counsel by letter upon accomplishing items 3 c, d and f, above, and by letters (semi-annually for twenty four months as to item 3h) upon accomplishing item 3h below. h. Bluegreen shall henceforth, and specifically on a semi-annual basis for twenty four months, monitor and review its policies and procedures against discrimination and harassment, and shall evaluate their effectiveness on an ongoing basis, including evaluation of the nature and number of complaints received, if any, and the advisability of revisions or additions to its antidiscrimination policies and procedures. 4. Resolution with Intervenor. Bluegreen will cause Jacque Raines to be paid the sum of $51,000 in alleged damages and $34,000 attorney fees.
3

5. Voluntary Dismissal with Prejudice. The EEOC, Intervenor, and Bluegreen will execute and file, through its attorneys, a Voluntary Dismissal With Prejudice in the form hereto attached as Exhibit B, in that action entitled EEOC v. Bluegreen Corporation, Inc., United States District Court for the Northern District of Texas, Dallas Division, Case No. 3:02-CV-1760-K. It is specifically agreed that should either party seek enforcement of any provision of this settlement agreement, that the United States District Court for the Northern District of Texas, Dallas Division, shall have jurisdiction over any such action.

6. No Reliance upon Other Statements. This Agreement is entered into without reliance upon any statement or representation of any party hereto or parties hereby released other than the statements and representations contained in writing in this Agreement.

7. Entire Understanding. The parties acknowledge that this Agreement contains the entire understanding of the parties and that it may not be modified without the express written consent of the parties hereto.

IN WITNESS WHEREOF the undersigned hereunto set their hands to this Agreement on

the dates written below.

Executed this jl.f5aay of June, 2004.

FOR EEOC:

FOR BLUEGREEN CORPORAnON

-~C:=~5-------

ROBERT A. CANINO Regional Attorney

TOBY . COSTAS Supervisory Trial Attorney Texas State Bar No. 04855720 Dallas District Office 207 South Houston Dallas, TX 75202

WALTER J. KRUGER, III Georgia Bar No.429926 FISHER & PHILLIPS, LLP 1500 Resurgens Plaza 945 East Paces Ferry Road Atlanta, Georgia 30326-1125
4

(214) 253-2760, (214) 253-2749 (FAX) (404) 240-4233, (404) 240-4249 (FAX)
~~ FORINT~V~~_///
ROBERT RUOTOLO Texas Bar No. 17398700 GERARD SINGER & LEVICK, PC 16200 Addison Road, Suite 140 Addison, TX 75001(972) 380-5533, (972) 380-5748 FAX
5

Exhibit A

BLUEGREEN NOTICE UNDER TITLE VII OF COMPANY POLICY AGAINST HARASSMENT

Bluegreen, as part ofits commitment to equal employment and against harassment, reminds all employees that:

•

Federal Law requires there be no discrimination against or harassment ofany

employee or applicant for employment because of race, color, religion, sex,

national origin, age or disability with respect to hiring, compensation,

promotion, discharge, or other terms, conditions, or priviliges ofemployment.

•

Bluegreen Corporation strongly supports and complies with such Federal in

all aspects and will not tolerate any action against employees based on

exercise ofany Federally protected Rights.

•

Bluegreen Corporation does not tolerate sexual harassment, discrimination,

or retaliation for opposing discrimination in the workplace. Any violation of

the Company's prohibitions against harassment may lead to discipline up to

and including discharge.

•

Any employee who feels he/she has been the victim of sexual harassment in

violation of this policy should immediately report the complaint to his/her

manager, unless (i) the employee is uncomfortable bringing the complaint to
that manager, or (ii) if any employee believes their supervisor is engaging in

harassment, in which cases it should be reported directly to either the

Director of Human Resources at 561-912-8080, or to the Director of

Corporate Legal Affairs at 561-912-8012. IN ADDITION, FOR THE

CONVENIENCE OF ITS EMPLOYEES THE COMPANY HAS

ESTABLISHED A TOLL FREE TELEPHONE NUMBER: 1-800-600-7342.

THIS NOTICE NOT TO BE REMOVED.

6

EXHIBITB

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff, and

)

)

JACQUE RAINES,

)

)

Intervenor,

)

- v-

)

Civil Action No.

)

3-02 CV 1760-K

BLUEGREEN CORPORATION,

)

)

Defendant.

)

STIPULATION OF VOLUNTARY DISMISSAL

Comes now Plaintiff Equal Employment Opportunity Commission (EEOC), Intervenor, Jacque Raines ("Raines"), and the Defendant Bluegreen Corporation, by and through undersigned counsel, and pursuant to Rule 41(a), F.R.C.P., hereby voluntarily dismiss this action with prejudice, each party to bear its own costs and expenses.

The parties agree and the Court orders that in the event either party shall seek enforcement of

any provision of the settlement agreement in this matter (attached hereto and incorporated herein), that

the United States District Court for Northern District of Texas, Dallas Division, shall have jurisdiction

over any such action.

Entered this _ _ day of June, 2004.

Judge, U.S.District Court

We so stipulate

FOR EEOC:

FOR BLUEGREEN CORPORAnON

~R~________==:~~_~_~_._~_~_____________

TOBY W. COSTAS Supervisory Trial Attorney Texas State Bar No. 04855720 Dallas District Office 207 South Houston Dallas, TX 75202 (214) 253-2760, (214) 253-2749 (FAX)
~ F~R ~';ER~N~
ROBERT RUOTOLO Texas Bar No. 17398700 GERARD SINGER & LEVICK, PC 16200 Addison Road, Suite 140 Addison, TX 75001 (972) 380-5533, (972) 380-574~ FAX

WALTER J. KRUGER, III Georgia Bar No.429926 FISHER & PHILLIPS, LLP 1500 Resurgens Plaza 945 East Paces Ferry Road Atlanta, Georgia 30326-1125 (404) 240-4233, (404) 240-4249 (FAX)

 
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CLOSED, JURY, KAPLAN
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:02-cv-01760

EEOC v. Bluegreen Corp Assigned to: Judge Ed Kinkeade Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V.

Date Filed: 08/16/2002 Date Terminated: 06/17/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Devika S Dubey Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2764 Fax: 214/253-2749 FAX Email: devika.dubey@eeoc.gov TERMINATED: 12/16/2002
Toby W Costas Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 214/253-2749 FAX Email: toby.costas@eeoc.gov ATTORNEY TO BE NOTICED

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Defendant Bluegreen Corporation
V. Movant Jackie Sly TERMINATED: 08/25/2003
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represented by Walter J Kruger, III Fisher & Phillips Resurgens Plaza 945 E Paces Ferry Rd NE Suite 1500 Atlanta, GA 30326 404/240-4233 Fax: 404/240-4249 FAX Email: wkruger@laborlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Myra K Creighton Fisher & Phillips Resurgens Plaza 945 E Paces Ferry Rd NE Suite 1500 Atlanta, GA 30326 404/240-4233
Vic H Henry Henry Oddo Austin & Fletcher 1700 Pacific Ave Suite 2700 Dallas, TX 75201 214/658-1900 Fax: 214/658-1919 FAX Email: vhhenry@hoaf.com
represented by Robert Ruotolo Busch & Myers 100 Crescent Court Suite 250 Dallas, TX 75201 214/855-2880 Fax: 214/855-2871 Email: ruotolo@buschmyers.com TERMINATED: 08/25/2003 LEAD ATTORNEY
Lane E Rugeley Law Office of Lane E Rugeley PO Box 626 16 North Caddo Cleburne, TX 76033
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Intervenor Jacque Raines

817/641-4055 Email: lane@rbpclawyers.com TERMINATED: 08/25/2003
represented by Robert Ruotolo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lane E Rugeley (See above for address) ATTORNEY TO BE NOTICED

Date Filed 08/16/2002 08/16/2002 08/16/2002 08/16/2002 08/16/2002 10/02/2002 10/02/2002
10/02/2002 10/02/2002
10/02/2002
10/02/2002

#

Docket Text

1 COMPLAINT filed (5); no filing fee (djd) (Entered: 08/19/2002)
1 DEMAND for jury trial by plaintiff EEOC (djd) (Entered: 08/19/2002)
PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (djd) (Entered: 08/19/2002)
2 SUMMONS(ES) issued for defendant Bluegreen Corp (issued 1) (djd) (Entered: 08/19/2002)
3 CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (djd) (Entered: 08/19/2002)
4 ANSWER to Complaint by defendant Bluegreen Corp (Attorney Walter J Kruger III) (7) (djd) (Entered: 10/03/2002)
5 MOTION by defendant Bluegreen Corp for Walter J. Kruger, III and Myra K. Creighton to appear pro hac vice (2) ***MOTION UNFILED Per Order Filed 10/4/02, Document #17**** (djd) Modified on 10/07/2002 (Entered: 10/03/2002)
6 MOTION by defendant Bluegreen Corp to dismiss or in the alternative to stay proceedings (3) (djd) (Entered: 10/03/2002)
7 MEMORANDUM OF LAW by defendant Bluegreen Corp in support of [6-1] motion to dismiss or in the alternative to stay proceedings (7) (djd) (Entered: 10/03/2002)
8 APPENDIX by defendant Bluegreen Corp in support of [6-1] motion to dismiss or in the alternative to stay proceedings (15+/not imaged) (djd) (Entered: 10/03/2002)
9 MOTION by defendant Bluegreen Corp to change venue to Fort Worth Division (3) (djd) (Entered: 10/03/2002)

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10/02/2002 10/02/2002 10/02/2002 10/03/2002 10/03/2002 10/04/2002
10/04/2002
10/04/2002
10/21/2002 10/21/2002 10/21/2002 10/24/2002

10 MEMORANDUM OF LAW by defendant Bluegreen Corp in support of [9-1] motion to change venue to Fort Worth Division (16) (djd) (Entered: 10/03/2002)
11 CERTIFICATE OF CONFERENCE by defendant Bluegreen Corp Re: [6-1] motion to dismiss or in the alternative to stay proceedings (1) (djd) (Entered: 10/03/2002)
12 CERTIFICATE OF CONFERENCE by defendant Bluegreen Corp Re: [9-1] motion to change venue to Fort Worth Division (1) (djd) (Entered: 10/03/2002)
13 ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 11/4/02 ( signed by Judge Sidney A. Fitzwater) Copies to counsel: 10/4/02 Page(s): 4 (djd) (Entered: 10/04/2002)
14 ORDER re: certificate of interested persons. No later than 20 days after this order is filed, the defendant must comply with Rules 7.4 and 3.1(f) so that the court can ensure that recusal is not required in this case. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/4/02 Page(s) 2 (djd) (Entered: 10/04/2002)
15 APPLICATION ORDER for admission pro hac vice The Court, having considered the above Application for Admission Pro Hac Vice, orders that the application be granted. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of the Court. Added Walter J. Kruger, III for Defendant BlueGreen Corporation ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/7/02 Page(s) 4 (tee) (Entered: 10/07/2002)
16 APPLICATION ORDER FOR ADMISSION FOR HAC VICE... for Myra K Creighton to appear pro hac vice The Court, having considered the above Application for Admission Pro Hac Vice, orders that the application be granted. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this Court. Adding Myra K. Creighton for Defendant BlueGreen Corporation ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/7/02 Page(s) 4 (tee) (Entered: 10/07/2002)
17 ORDER STRIKING/UNFILING PLEADING... unfiling [5-1] motion for Walter J. Kruger, III and Myra K. Creighton to appear pro hac vice by defendant Bluegreen Corp due to the following deficiency: Motion is not needed. See LR83.9(b). Copies to counsel: 10/7/02 (signed by Judge Sidney A Fitzwater ) Page(s) 1 (tee) Modified on 10/08/2002 (Entered: 10/07/2002)
18 CERTIFICATE OF INTERESTED PERSONS by defendant Bluegreen Corp (1) (djd) (Entered: 10/21/2002)
19 Brief in Support of its RESPONSE in opposition by plaintiff EEOC to defendant's [6-1] motion to dismiss or in the alternative to stay proceedings (9) (djd) (Entered: 10/22/2002)
20 APPENDIX by plaintiff EEOC in support of plaintiff's brief in support of its [19-1] response in opposition to defendant's motion to dismiss or in the alternative to stay proceedings (15+/not imaged) (djd) (Entered: 10/22/2002)
21 AGREED ORDER allowing withdrawal of Bluegreen's [9-1] motion to change venue to Fort Worth Division ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/25/02 Page(s) 2 (djd) (Entered: 10/25/2002)

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11/04/2002 11/04/2002
11/04/2002 11/07/2002 11/08/2002 11/13/2002 11/25/2002
11/25/2002 12/04/2002 12/05/2002 12/12/2002

22 AGREED MOTION by defendant Bluegreen Corp to substitute telephonic 26(f) conference for face-to-face conference (3) (aat) (Entered: 10/31/2002)
23 MOTION with memorandum in support by movant Jacque Raines, movant Jackie Sly for leave to intervene by movant Jacque Raines, movant Jackie Sly (15+) (jyg) (Entered: 10/31/2002)
24 ORDER granting [22-1] motion to substitute telephonic 26(f) conference for face-to-face conference. The Court sua sponte directs defendant to comply with the local counsel requirement of this Court's civil rules no later than 12/6/02. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 11/1/02 Page(s) 2 (aat) (Entered: 11/01/2002)
25 Joint PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff EEOC, defendant Bluegreen Corp (4) (djd) (Entered: 11/05/2002)
26 SCHEDULING ORDER setting Joining of Parties on 4/1/03 ; Amending of Pleadings on 10/1/03 ; Discovery cutoff 11/1/03 ; Deadline for filing of dispositive motions 12/1/03 ; ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 11/5/02 Page(s): 3 (djd) (Entered: 11/05/2002)
26 STATUS REPORT ORDER. Status report due on 11/1/03 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 11/5/02 Page(s): 3 (djd) (Entered: 11/05/2002)
27 REPLY by defendant Bluegreen Corp to response to [6-1] motion to dismiss or in the alternative to stay proceedings (6) (djd) (Entered: 11/07/2002)
28 OPPOSITION by defendant Bluegreen Corp to movant Jackie Sly's [23-1] motion for leave to intervene (20) (djd) (Entered: 11/08/2002)
29 ANSWER and Affirmative Defenses to Jacque Raines' and Jackie Sly's Complaint in Intervention by defendant Bluegreen Corp (Attorney Walter J. Kruger, III) (7) (djd) (Entered: 11/14/2002)
30 SPECIAL ORDER NO. 3-220. Effective 11/25/02, the cases listed on Exhibit A attached to this order are transferred from the docket of Honorable Sidney A. Fitzwater to the docket of Honorable Ed Kinkeade and shall henceforth carry the suffix letter "K". ( Signed by Chief Judge A. J. Fish ) Copies to counsel: 11/25/02 Page(s): 3 (aat) (Entered: 11/25/2002)
31 REPLY by movant Jackie Sly to response to [23-1] motion for leave to intervene by movant Jacque Raines, movant Jackie Sly (10) (aat) (Entered: 11/26/2002)
32 SUPPLEMENTAL OPPOSITION/SUR-REPLY by defendant Bluegreen Corp to reply to response to [23-1] motion for leave to intervene by movant Jacque Raines, movant Jackie Sly (12) (Exhibits not imaged) (aat) (Entered: 12/05/2002)
33 ENTRY OF APPEARANCE for defendant Bluegreen Corp by Vic H Henry (2) (aat) (Entered: 12/06/2002)
34 MOTION by defendant Bluegreen Corp for leave to file supplemental opposition to motion to intervene by Jackie Sly (15+) (Exhibits not imaged) (aat) (Entered: 12/13/2002)

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12/13/2002
12/16/2002 12/18/2002 12/19/2002 12/24/2002
02/04/2003
02/14/2003 02/28/2003 05/28/2003 05/29/2003 07/31/2003 08/14/2003 08/21/2003 08/25/2003

35 MOTION with memorandum in support by movant Jackie Sly to strike Bluegreen's supplemental opposition to motion for leave to intervene (leave requested to file this pending), or alternatively, for leave to file a reply (15+) (Exhibits not imaged) (aat) (Entered: 12/16/2002)
36 NOTICE OF SUBSTITUTION OF COUNSEL by plaintiff EEOC, substituting Danita Roy Wiltz for Devika Seth Dubey (2) (aat) (Entered: 12/17/2002)
37 ORDER granting [36-1] notice of substitution of counsel. Danita Roy Wiltz is substituted as counsel for plaintiff. (Signed by Judge Ed Kinkeade) Copies to counsel: 12/18/02 Page(s) 1 (aat) (Entered: 12/18/2002)
38 RESPONSE by movant Jackie Sly to [34-1] motion for leave to file supplemental opposition to motion to intervene by Jackie Sly (4) (aat) (Entered: 12/19/2002)
39 OPPOSITION/RESPONSE by defendant Bluegreen Corp to [35-1] motion to strike Bluegreen's supplemental opposition to motion for leave to intervene (leave requested to file this pending), or alternatively, for leave to file a reply.(15)(attachment not imaged) (lmr) Modified on 12/26/2002 (Entered: 12/26/2002)
40 ORDER REGARDING TRANSITION. All existing scheduling orders, trial settings and referrals to magistrate judges are adopted and remain in full force and effect. Counsel are directed to confer and file a joint status report with the Court no later than 14 days after the date of this Order.(see order for specifics) ( Signed by Judge Ed Kinkeade ) Copies to counsel: 02/05/03 Page(s): 3 (lmr) (Entered: 02/05/2003)
41 JOINT STATUS REPORT by Bluegreen Corporation, Equal Employment Opportunity Commission, Jacque Raines, Jackie Sly. (aat, ) (Entered: 02/18/2003)
42 NOTICE withdrawing 23 Motion to Intervene by Jackie Sly and brief in support. (aat, ) (Entered: 02/28/2003)
43 DESIGNATION of expert witnesses by Equal Employment Opportunity Commission. (aat, ) (Entered: 05/29/2003)
44 Designation of Experts by Jacque Raines. (aat, ) (Entered: 05/30/2003)
45 Designation of Experts by Bluegreen Corporation. (exhibits not imaged)(djd) (Entered: 08/01/2003)
46 SUPPLEMENTAL AUTHORITY by Bluegreen Corporation as to 6 Motion to Dismiss or in the alternative to stay proceedings. (Exhibits not imaged) (aat, ) (Entered: 08/15/2003)
47 RESPONSE in Opposition re 46 supplemental authority in support of Bluegreen's motion to dismiss in the alternative to stay proceedings filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 08/22/2003)
48 ORDER denying 6 Bluegreen's Motion to Dismiss, granting 23 Raines' Motion to Intervene and denying as moot [34] Motion for Leave to File and 35 Motion to Strike. (Signed by Judge Ed Kinkeade on 8/24/03) (aat, ) (Entered: 08/26/2003)

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11/10/2003
11/20/2003 11/26/2003 11/26/2003
12/01/2003 12/01/2003 12/01/2003 12/01/2003

49 Supplement to Designation of Expert Witnesses by Bluegreen Corporation. Re: 45 Designation of Experts.(attachments not imaged) (lmr, ) (Entered: 09/15/2003)
50 UNOPPOSED MOTION to extend deadlines for completion of certain depositions and for extension of summary judgment deadline by Jacque Raines with brief in support. (aat, ) (Entered: 09/30/2003)
51 FIRST AMENDED COMPLAINT against Bluegreen Corporation , filed by Equal Employment Opportunity Commission.(aat, ) (Entered: 09/30/2003)
52 ANSWER and affirmative defenses to amended complaint by Bluegreen Corporation. (Exhibits not imaged)(aat, ) (Entered: 10/09/2003)
53 AFFIDAVIT of service for subpoena served on Michael Brophy, Dr. on 10/15/03. (aat, ) (Entered: 10/22/2003)
54 JOINT STATUS REPORT regarding trial length and progress of settlement discussions by Bluegreen Corporation, Equal Employment Opportunity Commission. (aat, ) (Entered: 10/31/2003)
55 ORDER granting 50 unopposed motion to extend deadlines for completion of certain depositions and extension of summary judgment deadline. The discovery deadline for the completion of certain depositions is 1/30/04. The discovery deadline for filing motions for summary judgment is 2/27/04. (Signed by Judge Ed Kinkeade on 10/31/03) (aat, ) (Entered: 11/03/2003)
56 TRIAL SETTING ORDER: Docket call set for 6/7/2004 at 09:00 AM before Judge Ed Kinkeade. Proposed pretrial order due by 5/24/2004. Pretrial materials due by 5/24/2004. (Signed by Judge Ed Kinkeade on 11/10/03) (aat, ) (Entered: 11/12/2003)
57 JOINT DESIGNATION OF MEDIATOR by Bluegreen Corporation, Equal Employment Opportunity Commission (aat, ) (Entered: 11/21/2003)
58 OPPOSED MOTION for leave to telephonically depose Bluegreen representative by Equal Employment Opportunity Commission (aat, ) (Entered: 12/01/2003)
59 OPPOSED MOTION to compel discovery of defendant's investigative materials or alternatively, to preclude the withheld evidence and strike defendant's Faragher/Ellerth affirmative defense; and MOTION to compel investigator for deposition by Equal Employment Opportunity Commission (Exhibits not imaged) (aat, ) (Entered: 12/01/2003)
60 MOTION to compel by Bluegreen Corporation (aat, ) (Entered: 12/01/2003)
61 MEMORANDUM OF LAW in support re 60 motion to compel filed by Bluegreen Corporation. (Exhibits not imaged) (aat, ) (Entered: 12/01/2003)
62 MOTION to compel plaintiff by Bluegreen Corporation (aat, ) (Entered: 12/01/2003)
63 MEMORANDUM OF LAW in support re 62 motion to compel plaintiff filed by Bluegreen Corporation. (aat, ) (Entered: 12/01/2003)

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64 APPENDIX in support re 63 memorandum of law in support of motion to compel plaintiff filed by Bluegreen Corporation. (Not imaged)(aat, ) (Entered: 12/01/2003)
65 RESPONSE in opposition re 59 motion to compel Dan Koscher Deposition filed by Bluegreen Corporation. (Exhiibits not imaged) (aat, ) (Entered: 12/11/2003)
66 RESPONSE in opposition re 59 motion to compel discovery of defendant's investigative materials, etc. filed by Bluegreen Corporation. (aat, ) (Entered: 12/11/2003)
67 APPENDIX in support re 66 response in opposition to compel discovery of defendant's investigative materials pposition filed by Bluegreen Corporation. (Not imaged) (aat, ) (Entered: 12/11/2003)
68 RESPONSE to motion re 62 motion to compel plaintiff filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 12/22/2003)
69 APPENDIX in support re 68 response to motion to compel plaintiff filed by Equal Employment Opportunity Commission. (Not imaged)(aat, ) (Entered: 12/22/2003)
70 RESPONSE and brief to motion re 62 motion to compel filed by Jacque Raines. (Exhibits not imaged) (USC) (aat, ) (Entered: 12/22/2003)
71 REPLY BRIEF to response to motion re 59 motion to compel investigative materials, etc. filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 12/30/2003)
72 APPENDIX in support re 71 replyb brief to response to motion to compel investigative materials, etc. filed by Equal Employment Opportunity Commission. (Not imaged)(aat, ) (Entered: 12/30/2003)
73 REPLY BRIEF to response to motion re 58 motion for leave to telephonically depose Bluegreen representative filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 12/30/2003)
74 APPENDIX in support re 73 reply to response to motion for leave to telephonically depose Bluegreen representative filed by Equal Employment Opportunity Commission. (Not imaged)(aat, ) (Entered: 12/30/2003)
75 REPLY to response to motion re 60 motion to compel intervenor filed by Bluegreen Corporation. (aat, ) (Entered: 01/05/2004)
76 REPLY to response to motion re 62 motion to compel EEOC filed by Bluegreen Corporation. (aat, ) (Entered: 01/05/2004)
77 JOINT STATUS REPORT on mediation by Bluegreen Corporation, Equal Employment Opportunity Commission. (aat, ) (Entered: 01/22/2004)
78 ADR summary filed by Cecilia Morgan. Attorneys in Attendance: Danita Wiltz, Toby W. Costas, Walter Kruger, Lane Rugeley, Robert Ruotolo, Martin Shuham. Prv Fee: $1525.00 per party. Disposition: continuing to work with the parties to reach settlement.(aat, ) (Entered: 01/26/2004)

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01/30/2004 01/30/2004 01/30/2004 02/11/2004 02/11/2004 02/19/2004 02/19/2004 02/19/2004
02/19/2004
02/27/2004
03/05/2004 03/05/2004 03/09/2004 03/09/2004
03/16/2004 03/17/2004

79 MOTION for summary judgment by Bluegreen Corporation (aat, ) (Entered: 02/03/2004)
80 MEMORANDUM OF LAW in support re 79 motion for summary judgment filed by Bluegreen Corporation. (aat, ) (Entered: 02/03/2004)
81 APPENDIX in support re 79 motion for summary judgment filed by Bluegreen Corporation. (Not imaged) (USC) (aat, ) (Entered: 02/03/2004)
82 NOTICE of filing deposition transcript of Jacque Raines by Bluegreen Corporation (aat, ) (Entered: 02/12/2004)
83 REQUEST for filing original deposition transcript of Jacque Raines by Bluegreen Corporation (aat, ) (Entered: 02/12/2004)
84 RESPONSE to motion re 79 motion for summary judgment filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 02/20/2004)
85 DECLARATION of Danita Roy Wiltz by Equal Employment Opportunity Commission. (aat, ) (Entered: 02/20/2004)
86 OBJECTIONS AND RESPONSE to motion re 79 motion for summary judgment filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 02/20/2004)
87 APPENDIX in support re 86 objections and response to motion for summary judgment filed by Equal Employment Opportunity Commission. (Not imaged) (USC) (aat, ) (Entered: 02/20/2004)
88 ORDER denying 58 motion to telephonically depose Bluegreen Representative, denying 59 motion to compel discovery of Bluegreen's investigative material, granting 60 motion to compel plaintiff, and granting 62 motion to compel intervenor. (Signed by Judge Ed Kinkeade on 2/24/4) (aat, ) (Entered: 03/02/2004)
89 REPLY to response to motion re 79 motion for summary judgment filed by Bluegreen Corporation. (aat, ) (Entered: 03/08/2004)
90 APPENDIX in support re 89 reply to response to motion for summary judgment filed by Bluegreen Corporation. (Not imaged) (aat, ) (Entered: 03/08/2004)
91 ATTORNEY'S FEES REQUEST pursuant to order of 2/24/04 by Bluegreen Corporation (aat, ) (Entered: 03/10/2004)
92 AFFIDAVIT of counsel supporting 91 attorney's fees request subsequent to order of 2/24/04 by Bluegreen Corporation. (Exhibits not imaged) (aat, ) (Entered: 03/10/2004)
93 RESPONSE in opposition re 91 attorney fee request filed by Jacque Raines. (aat, ) (Entered: 03/17/2004)
94 MOTION in limine to exclude other lawsuits not involving Raines and non-contemporaneous photographic images by Bluegreen Corporation (aat, ) (Entered: 03/18/2004)

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03/17/2004
03/17/2004 03/17/2004
03/26/2004 03/26/2004 04/01/2004
04/01/2004
04/02/2004
04/05/2004
04/16/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004

95 MEMORANDUM in support re 94 motion in limine to exclude other lawsuits not involving Raines and non-contemporaneous photographic images filed by Bluegreen Corporation. (aat, ) (Entered: 03/18/2004)
96 RESPONSE in opposition re 91 request for attorney fees filed by EEOC. (aat, ) (Entered: 03/18/2004)
97 APPENDIX in support re 96 response in opposition to request for attorney's fees filed by Equal Employment Opportunity Commission. (Not imaged)(aat, ) (Entered: 03/18/2004)
98 Reply in Support re 91 Request for Attorney Fees from Plaintiff EEOC filed by Bluegreen Corporation. (klm, ) (Entered: 03/26/2004)
99 Reply in Support re 93Request for Attorney Fees from Intervenor filed by Bluegreen Corporation. (klm, ) (Entered: 03/26/2004)
100 OBJECTIONS, MOTION to strike, and RESPONSE in opposition to 94 motion in limine to exclude other lawsuits not involving Raines and non-contemporaneous photographic images by Equal Employment Opportunity Commission (aat, ) (Entered: 04/02/2004)
101 APPENDIX in support re 100 objection, motion to strike, and response in opposition to 94 motion in limine to exclude other lawsuits not involving Raines and non-contemporaneous photographic images filed by Equal Employment Opportunity Commission. (Not imaged)(aat, ) (Entered: 04/02/2004)
102 RESPONSE and brief in opposition to motion in limine to exclude other lawsuits and photographs and REQUEST for in camera inspection by Jacque Raines. (Exhibits not imaged) (aat, ) (Entered: 04/05/2004)
103 Withdrawal by Bluegreen Corporation re 83 Defendant's Request for filing original deposition transcript of Jacque Raines (exhibit not imaged) (klm, ) (Entered: 04/05/2004)
104 Defendant's Reply re 94 (to both EEOC and Intervenor) Supporting MOTION in Limine filed by Bluegreen Corporation. (klm, ) (Entered: 04/19/2004)
105 Intervenor's Exhibit List by Jacque Raines. (klm, ) (Entered: 05/24/2004)
106 Intervenor's Witness List by Jacque Raines. (klm, ) (Entered: 05/24/2004)
107 NOTICE of Attorney Appearance by Keri L Mallon on behalf of Equal Employment Opportunity Commission (klm, ) (Entered: 05/25/2004)
108 Proposed Jury Instructions by Equal Employment Opportunity Commission, Jacque Raines. (klm, ) (Entered: 05/25/2004)
109 MOTION in Limine by Equal Employment Opportunity Commission, Jacque Raines (klm, ) (Entered: 05/25/2004)
110 TRIAL BRIEF by Equal Employment Opportunity Commission. (klm, ) (Entered: 05/25/2004)
111 Exhibit List by Equal Employment Opportunity Commission. (klm, ) (Entered: 05/25/2004)

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05/24/2004 05/24/2004
05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 06/01/2004 06/08/2004
06/08/2004 06/09/2004 06/17/2004
06/22/2004
06/25/2004 09/11/2006

112 Proposed Voir Dire by Equal Employment Opportunity Commission. (klm, ) (Entered: 05/25/2004)
113 Designation of Portions of Depositions to be Offered at Trial by Equal Employment Opportunity Commission, Jacque Raines. (klm, ) (Entered: 05/25/2004)
114 Witness List by Equal Employment Opportunity Commission. (klm, ) (Entered: 05/25/2004)
115 TRIAL BRIEF by Bluegreen Corporation. (klm, ) (Entered: 05/25/2004)
116 TRIAL BRIEF Errata Insert as page 1-a by Bluegreen Corporation. (klm, ) (Entered: 05/25/2004)
117 Proposed Voir Dire by Bluegreen Corporation. (klm, ) (Entered: 05/25/2004)
118 Proposed Jury Instructions by Bluegreen Corporation. (klm, ) (Entered: 05/25/2004)
119 Exhibit List by Bluegreen Corporation. (klm, ) (Entered: 05/25/2004)
120 Witness List by Bluegreen Corporation. (klm, ) (Entered: 05/25/2004)
121 Proposed Jury Instructions No. 13 by Bluegreen Corporation. (klm, ) (Entered: 05/25/2004)
122 JOINT SETTLEMENT REPORT by Bluegreen Corporation, Equal Employment Opportunity Commission, Jacque Raines. (klm, ) (Entered: 06/02/2004)
123 ORDER...the settlement conference will be held on 6/9/04 at 9:00 a.m.. In addition to counsel, each party shall be present with full settlement authority. (Signed by Judge Paul D Stickney on 6/8/04) (klm, ) (Entered: 06/08/2004)
124 NOTICE of Attorney Appearance by Devika S Dubey on behalf of Equal Employment Opportunity Commission (klm, ) (Entered: 06/09/2004)
125 Minute Entry for proceedings held before Judge Paul D Stickney : Settlement Conference held on 6/9/04. (klm, ) (Entered: 06/10/2004)
126 Order Directing Administrative Closure. The parties are directed to file the necessary dismissal papers by 7/16/04. (Signed by Judge Ed Kinkeade on 6/17/04) (klm, ) (Entered: 06/18/2004)
127 STIPULATION OF VOLUNTARY DISMISSAL by Bluegreen Corporation, Equal Employment Opportunity Commission, Jacque Raines. (klm, ) (Entered: 06/22/2004)
128 NOTICE that parties have resolved their dispute. (klm, ) (Entered: 06/28/2004)
129 ORDER OF DISMISSAL: The Stipulation of Dismissal is approved. This case is dismissed with prejudice. (Signed by Judge Ed Kinkeade on 9/10/06) (cxb, ) (Entered: 09/11/2006)

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