Case 8:05-cv-01468-RAL-MSS Document 1 Filed 08/05/2005 Page 1 of 6

In the United States District Court
For The Middle District of Florida Tampa Division

JENNJFER A. VERYZER,
Plaintiff,
v.
MILLS & MURPHY SOFTWARE SYSTEMS, INc.,
Defendant.

Civil Action No. - - - - - Jury Trial Demanded

COMPLAINT Plaintiff, Jermifer A. Veryzer ("Veryzer"), by the undersigned attorneys, makes the following averments: 1. This is a civil action brought pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 lJ,S.C. §§ 4301 - 4333 (''USERRA''). JURISDICTION AND VENUE 2. This Court has jurisdiction over the subject matter of this action pursuant to 38 U.S.c. § 4323(b). 3. Venue is proper in this district under 38 U.S.C. § 4323(c)(2) and 28 U.S.C. § l391(b) because Defendant, Mills & Murphy Software Systems, Inc. ("MMSSI"), maintains a place ofbusiness in this judicial district.

Case 8:0S-cv-01468-RAL-MSS Document 1 Filed 08/0S/200S Page 2 of 6
PARTIES 4. Veryzer resides in Riverview, Florida, within the jurisdiction ofthis Court.
5. :MMSSI maintains a place ofbusiness at 618 94th Avenue North, st. Petersburg,
Florida 33702, within the jurisdiction ofthis Court. CLAIM FOR RELIEF-'
6. On or about May 15, 2000, Veryzer commenced full-time employment as a computer programmer with I'v11v1SSr.
7. In June of 2003, Veryzer joined the Georgia Air National Guard, a part of the Air Force Reserve. In June 2003, Veryzer informed Edward Murphy, the president of:MMSSI, (''Murphy'') that she had joined the Georgia Air National Guard.
8. Veryzer had military obligations in July, August, September, October, November and December, 2003.
"9. On October 30,2003, Murphy met with Veryzer and changed her salary calculations, which resulted in a decrease in her salary of approximately 20%. Murphy also required Veryzer to work eight hours on site at the location of a I'v11v1S SI client which, because of the time of her commute, increased Veryzer's work day to approximately eleven hours.
10. After the October 30, 2003, meeting with Murphy, Veryzer contacted her Air National Guard unit's Employer Support of the Guard and Reserve ("ESGR") representative. On November 26,2003, Dave Parrott ofE~GR contacted Murphy by telephone. Murphy responded to Parrott that Veryzer "was taking them down the wrong rat hole," or words to that effect, and hung up the telephone. Veryzer was then referred by ESGR to Frank Derfler ("Derfler"), a local businessman and the ESGR contact in Tampa, Florida. On December 12, 2003, after several
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unsuccessful attempts, Derfler contacted Mqrphy by telephone. After Derfler identified himself, Murphy stated, "don't even go there," or words to that effect, and hung up the telephone.
11. On December 10, 2003, Veryzer informed Murphy and Vicky Fitzgerald, her direct supervisor at MMSSI, ("Fitzgerald") via e-mail that she would be on active duty "orders" from December 15 through December 19, 2003.
12. On December 10, 2003, Murphy responded to Veryzer bye-mail stating, "I am denying the PTO [personal time off] request for December 15 thru December 19. Please schedule this time for Dec 25, thru Jan 5." MMSSI's office was to be closed for the holidays from December 25, 2003, until January 5,2004.
13. On December 10,2003, Murphy sent another e-mail to Veryzer stating: "I'm atte.mpting to run a business here and require advance notifiqation of scheduling."
14. On December 14, 2003, Veryzer left for active military duty. 15. On or about December 18,2003, while on active military duty, Veryzerwas infonned that her orders were extended through December 25,2003. 16. On December 18,2003, while on active military duty, Veryzer infonned Murphy and Fitzgerald via e-mail that her orders were extended though December 25, 200J. Veryzer stated in her e-mail that she would report to work on January 5,2004, the fIrst day that the MMSSI office was due to open after being closed for the holidays. 17. On December 18,2003, Murphy responded to Veryzerby e-mail in which he asked for a copy ofVeryzer's orders and the name of her commanding officer. Veryzer replied to Murphy via e-mail on December 18, 2003, that under USERRA, she did not need to provide a copy ofher orders, hut she would provide a copy of her orders upon receipt of them from the Air Force.
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Case 8:05-cv-01468-RAL-MSS Document 1 Filed 08/05/2005 Page 4 of 6
18. On December 19, 2003, Murphy e-mailed Veryzer again, asking for a copy ofher orders and the name of her commanding supervisor. On December 21,2003, Veryzer replied to Murphy bye-mail that her commanding officer was serving temporary duty elsewhere, but that she would give Murphy contact information for her unit's JAG officer. In her e-mail, Veryzer requested that a meeting be held among Murphy, Derfler and herself on January 5, 2004, to discuss possible USERRA violations.
19. On December 24,2003, Veryzer e-mailedMurphythat she was not being compensated properly for the holiday period and that she had filed a formal USERRA complaint against :rvIM:SSI with the Department of Labor, VETS division.
20. On December 24, 2003, Murphy responded to Veryzer's e-mail, stating that he would meet with Veryzer on January 6, 2004, to discuss any payroll concerns she had but not with any outside parties. Murphy stated in his e-mail to Veryzer that he was very concerned with the tone of her e-mail and he again requested a copy of Veryzer' s orders.
21. On December 24, 2003, Murphy ordered Corine Neuhaus, MMSSI's human resources and office manager, to remove all security codes and access to :rvrrv.rSSI that related to Veryzer. Veryzer's office e-mail account at MMSSI was also deleted that same day, December 24,2003.
22. On January 5, 2004, Veryzer reported for work at MMSSI's office. Upon arriving, she was given a termination letter by Murphy and asked to leave.
23. :rvIM:SSI violated Section 4311 ofUSERRA, among other ways, by discriminating against Veryzer, denying her reemployment and other employment benefits, and discharging her (a) because ofher membership, service, or obligation to perform service in, the uniformed services,
I.
I
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and!or (b) because she took action to enforce a protection afforded her under USERRA or to exercise a right provided for in USERRA.
24. MMSSI violated Section 4312 ofUSERRA, among other ways, by discharging Veryzer and denying her reemployment and other employment benefits upon her return from service in the uniformed services.
25. MMSSI's violations ofUSERRA were willful. 26. Veryzer has suffered substantial loss of earnings and other benefits of employment as a result ofMMSSI's violations ofUSERRA. PRAYER FOR RELIEF WHEREFORE, Veryzer prays that the Court enter judgment against :MMSSI, its officers, agents, employees, successors and all persons in active concert or participation with it, as follows: A. Declare that :M:MSSI's denial of reemployment to and discharge of Veryzer was unlawful and in violation ofUSERRA; B. Require that MMSSI fully comply with the provisions ofUSERRA by reinstating Veryzer at the level of seniority, status and compensation that she would have enj oyed had she remained employed continuously with :MMSS1, and by paying Veryzer for her loss of salary and . other benefits suffered by reason ofJv.I:MSSI's failure or refusal to comply with the provisions of this law; C. Declare that MMSSI's violations ofUSERRA were willful; D. Require that :M:MSS1 pay Veryzer as liquidated damages an amount equal to the amount of her lost salary and other benefits suffered by reason ofMMSSI's willful failure or refusal to comply with the provisions ofUSERRA;
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Case S:05-cv-0146S-RAL-MSS Document 1 Filed OS/05/2005 Page 6 of 6
E. Enjoin Jv.[MSSI from taking any action against Veryzer that fails to comply with the
provisions ofUSERRA;
F. Award Veryzer prejudgment interest on the amount oflost salary found due; and
G. Grant such other and further relief as may be just and proper together with the costs
and disbursements ofthis lawsuit.
BRADLEY J. SCHLOZMAN Acting Assistant Attorney General Civil Rights Division
BY: 9-0U~
DAVID J. PALMER (DC Bar No. 417834)
W~_/~.
WlLLIAM B. FENTON (DC Bar No. 414990) Deputy Chief ROBERT L. GALBREATH (DC Bar No. 460389) Trial Attorney U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4035 Washington, DC 20530 Telephone: (202)514-3831 Facsimile: (202) 514-1005
PAUl 1. PEREZ United States Attorney WARREN A. ZTh1MERMAN (FL Bar No. 652040) Assistant United States Attorney Middle District ofFlorida 400 N. Tampa Street, Suite 3200 Tampa, FL 33602 Telephone: (813) 274-6335 Facsimile: (813) 274-6200
Attorneys for Plaintiff
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Galbreath, Robert (CRT)

From: cmecCflmd_notification@flmd.uscourts.gov

Sent: Monday, August 08, 2005 4:02 PM

To:

cmecCflmd_notices@flmd.uscourts.gov

Subject: Activity in Case 8:05-cv-01468-RAL-MSS Veryzer v. Mills & Murphy Software Systems, Inc. "Complaint"

***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To avoid later charges, download a copy of each document during this first viewing.

U.S. District Court

Middle District of Florida

Notice of Electronic Filing

The following transaction was received from Warren A. Zimmerman entered on 8/8/2005 at 4:02 PM

EDT and filed on 8/5/2005

Case Name:

Veryzer v. Mills & Murphy Software Systems, Inc.

Case Number:

8:05-cv-1468'

Filer:

Jennifer A. Veryzer

Document Number: 1

Docket Text: COMPLAINT brought pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) against Mills & Murphy Software Systems, Inc.; filed by Jennifer A. Veryzer.(mrh)

The following document(s) are associated with this transaction:

Document description:Main Document Original filename:nla Electronic document Stamp: [STAMP dcecfStamp_ID=1069447731 [Date=8/8/2005] [FileNumber=233 6628-0] [6dd70cd4f7f3891ca5c4cefld617a97c55a4fb91f8e4bc52afaf3dac17271 bed09db 9723de25157dOfelc3a388d1591190805d07581d9022elc1c7bf6218f9bO]]

8:05-cv-1468 Notice will be electronically mailed to:
Robert Lee Galbreath Robert.Galbreath@usdoj.gov,
Warren A. Zimmerman warren.zimmerman@usdoj.gov, patricia.cordero@usdoj.gov;TPADocket.mailbox@usdoj.gov

8:05-cv-1468 Notice will be delivered by other means to:
David 1. Palmer U.S. Department of Justice

Civil Rights Division Employment Litigation Section 950 Pennsylvania Ave., N.W. Patrick Henry Bldg., Room 4035 Washington, DC 20530

Page 2 of2

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

____________________________________

)

JENNIFER A. VERYZER,

)

)

Plaintiff,

)

)

v.

)

)

MILLS & MURPHY SOFTWARE

)

SYSTEMS, INC.

)

)

Defendant.

)

)

____________________________________)

Civil Action No. 8:05-cv-01468-RAL-MSS

MEDIATION REPORT

In accordance with the Court's mediation order(s), a mediation conference was held

on September 12, 2006 and the results of that conference, and continued conferences, are

indicated below:

(a) The following individuals, parties, corporate representatives, and/or claims professionals attended and participated in the mediation conference, and each possessed the requisite settlement authority:

X All individual parties and their respective trial counsel.

X Designated corporate representatives.

Required claims professionals.

(b) The following individuals, parties, corporate representatives, and/or claims professionals failed to appear and/or participate as ordered:

(c) The outcome of the mediation conference was:
X The case has been completely settled. In accordance with Local Rule 9.06(b), lead counsel will promptly notify the Court of settlement in accordance with Local Rule 3.08 by the filing of a settlement agreement signed by the parties and the mediator within ten (10) days of the mediation conference.
The case has been partially resolved and lead counsel has been instructed to file a joint stipulation regarding those claims which have been resolved within ten (10) days. The following issues remain for this Court to resolve:

The conference was continued with the consent of all parties and counsel. The mediation conference will be held on a date certain not later than ten (10) days prior to the scheduled trial date. Any continuance beyond that time must be approved by the presiding Judge. Mediation Reports will be filed after additional conferences are complete.
The parties have reached an impasse.
Done on September 27, 2006, in Tampa, Florida.

cc: Robert L. Galbreath, Esq. William B. deMeza, Jr., Esq.

/s/ Raymond T. Elligett, Jr. RAYMOND T. ELLIGETT, JR., ESQ. Florida Bar No. 261939 SCHROPP, BUELL & ELLIGETT, P.A. 3003 W. Azeele St., Suite 100 Tampa, Florida 33609 Tel: (813) 874-2600 Fax: (813) 874-1760 MEDIATOR

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 CLOSED
U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:05-cv-01468-RAL-MSS

Veryzer v. Mills & Murphy Software Systems, Inc. Assigned to: Judge Richard A. Lazzara Referred to: Magistrate Judge Mary S. Scriven Cause: 38:4301 Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

Date Filed: 08/05/2005 Date Terminated: 09/27/2006 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff Jennifer A. Veryzer

represented by David J. Palmer U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Ave., N.W. Patrick Henry Bldg., Room 4035 Washington, DC 20530 202/514-3831 Fax: 202/514-1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leslie M. Gardner U.S. Department of Justice Civil Rights Division/Employment Litigation Section 950 Pennsylvania Ave., N.W. Washington, DC 20530 202/353-9731 Fax: 202/514-1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Lee Galbreath U. S. Department of Justice Civil Rights Division/Employment Litigation Section 950 Pennsylvania Avenue, N.W. Patrick Henry Bldg. Room 4035 Washington, DC 20530

V. Defendant Mills & Murphy Software Systems, Inc.
Mediator

202/514-3831 Fax: 202/514-1005 Email: Robert.Galbreath@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Warren A. Zimmerman US Attorney's Office - FLM Suite 3200 400 N Tampa St Tampa, FL 33602 813/274-6000 Email: warren.zimmerman@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
William B. Fenton U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65958 Washington, DC 20035-5968 202/514-4305 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ann Marie Hensler Holland & Knight, LLP 100 N Tampa St - Ste 4100 PO Box 1288 Tampa, FL 33601-1288 813/227-8500 Fax: 813/229-0134 Email: ann.hensler@hklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond T. Elligett, Jr.
V. Movant Stephanie L Byars

represented by Raymond T. Elligett, Jr. # Schropp, Buell & Elligett, P.A. 3003 W. Azeele St., Suite 100 Tampa, FL 33609-5226 813/874-2600 PRO SE
represented by Oran Kim Byrd Byrd Legal Counsel, PA 2102 W Cleveland St Tampa, FL 33606 813/876-4019 Fax: 813/514-9418 Email: kim@kimbyrd.com ATTORNEY TO BE NOTICED

Date Filed 08/05/2005
08/09/2005 09/12/2005
10/28/2005 10/28/2005 12/08/2005

# Docket Text
1 COMPLAINT brought pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) against Mills & Murphy Software Systems, Inc.; filed by Jennifer A. Veryzer.(mrh) (Entered: 08/08/2005)
2 NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/22/2005.Signed by Deputy Clerk on 8/9/2005. (Cole, R) (Entered: 08/09/2005)
3 WAIVER OF SERVICE returned executed on 09/06/2005 by Mills & Murphy Software Systems, Inc.. Waiver of Service sent on 09/01/2005 as to Mills & Murphy Software Systems, Inc.. (Galbreath, Robert) (Entered: 09/12/2005)
4 NOTICE of Appearance by Ann Marie Hensler on behalf of Mills & Murphy Software Systems, Inc. (Hensler, Ann) (Entered: 10/28/2005)
5 ANSWER to complaint by Mills & Murphy Software Systems, Inc..(Hensler, Ann) (Entered: 10/28/2005)
6 CASE MANAGEMENT REPORT. (Galbreath, Robert)

12/09/2005
05/30/2006 05/31/2006 07/22/2006 07/22/2006 07/24/2006 07/24/2006 07/24/2006 07/24/2006

(Entered: 12/08/2005)
7 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/28/2006. Joinder of Parties due by 4/28/2006. Discovery due by 7/28/2006. Dispositive motions due by 8/28/2006. Pretrial Conference set for 11/2/2006 10:00 AM in Courtroom 10 A before Magistrate Judge Mary S. Scriven. Jury Trial set for term commencing 12/4/2006 09:00 AM in Courtroom 15 B before Judge Richard A. Lazzara.Signed by Judge Richard A. Lazzara on 12/9/2005. (Cole, R) (Entered: 12/09/2005)
8 Unopposed MOTION for protective order by Mills & Murphy Software Systems, Inc.. (Attachments: # 1)(Hensler, Ann) (Entered: 05/30/2006)
9 ORDER granting 8 motion for protective order against unauthorized use or disclosure of confidential information and documents. Signed by Judge Richard A. Lazzara on 5/31/2006. (Cole, R) (Entered: 05/31/2006)
10 NOTICE of Appearance by Oran Kim Byrd on behalf of Stephanie L Byars (Byrd, Oran) (Entered: 07/22/2006)
11 Emergency MOTION to quash subpoena duces tecum and for protective order by Stephanie L Byars. (Byrd, Oran) (Entered: 07/22/2006)
12 NOTICE of Hearing on Motion 11 Emergency MOTION to quash subpoena duces tecum and for protective order. Motion Hearing set for 7/24/2006 01:30 PM in Courtroom 15 B before Judge Richard A. Lazzara. (Cole, R) (Entered: 07/24/2006)
13 RESPONSE in opposition re 11 Emergency MOTION to quash subpoena duces tecum and for protective order filed by Mills & Murphy Software Systems, Inc.. (deMeza, William) (Entered: 07/24/2006)
14 MINUTE ENTRY for proceedings held before Judge Richard A. Lazzara : Motion Hearing held on 7/24/2006 re 11 Emergency MOTION to quash subpoena duces tecum and for protective order. Court Reporter: Claudia Spangler-Fry (Cole, R) (Entered: 07/24/2006)
15 ORAL ORDER granting in part and denying in part 11 Motion to quash . Granted to the extent the deposition shall take place in Stephanie Byars home and should she grow tired, or fatiqued the deposition shall continue to a later time. Discovery deadline continued to 8/31/06 for the purpose of taking Stephanie Byars

07/25/2006
07/25/2006 07/26/2006 08/03/2006 08/04/2006 08/24/2006 08/28/2006
09/11/2006 09/27/2006 09/27/2006 10/12/2006

deposition only. Dispositive motion filing deadline extended to 9/29/06. Signed by Judge Richard A. Lazzara on 7/24/2006. (Cole, R) (Entered: 07/24/2006)
16 ORDER REFERRING CASE to mediation and directing selection of a mediator on or before 8/25/06. Local counsel, AUSA Warren Zimmerman, is designated as lead counsel to coordinate dates. Mediation shall be conducted on or before 9/29/06.Signed by Judge Richard A. Lazzara on 7/25/2006. (Hartman, S) (Entered: 07/25/2006)
17 MOTION to quash Subpoenas Duces Tecum Or In The Alternative Partially Quash by Jennifer A. Veryzer. (Galbreath, Robert) (Entered: 07/25/2006)
18 ORDER ATTACHED granting in part and denying in part 17 Motion to quash . Signed by Judge Richard A. Lazzara on 7/26/2006. (Hartman, S) (Entered: 07/26/2006)
19 MOTION for protective order by Jennifer A. Veryzer. (Galbreath, Robert) (Entered: 08/03/2006)
20 ORDER granting 19 Motion for protective order . Signed by Judge Richard A. Lazzara on 8/4/2006. (Cole, R) (Entered: 08/04/2006)
21 NOTICE by Jennifer A. Veryzer re 16 Order referring case to mediation, Notice of Mediator Selection and Scheduling Mediation (Zimmerman, Warren) (Entered: 08/24/2006)
22 ORDER appointing Raymond Thomas Elligett as mediator in this action. Mediation scheduled 9/12/06 at 9:00 a.m. and shall not be cancelled/continued without leave of court. Signed by Judge Richard A. Lazzara on 8/28/2006. (Hartman, S) (Entered: 08/28/2006)
Mail returned as Undeliverable re: 22 Order appointing mediator. Mail marked, "Box Closed - no order" as to William B. Fenton. (mrh) (Entered: 09/11/2006)
23 MEDIATION REPORT Hearing held on 9-12-06 Hearing outcome: settled(Elligett, Raymond) (Entered: 09/27/2006)
24 60-DAY ORDER dismissing case in accord with the attached order. The clerk is directed to terminate any motions/deadlines and to close the file.Signed by Judge Richard A. Lazzara on 9/27/2006. (DMB) (Entered: 09/27/2006)
Mail returned as Undeliverable re: 24 Order. Mail marked, "Box closed - No order. Return to sender" as to William B.

11/08/2006 11/08/2006 11/20/2006

Fenton. (mrh) (Entered: 10/12/2006)
25 MOTION to dismiss Case with Prejudice by Jennifer A. Veryzer. (Galbreath, Robert) (Entered: 11/08/2006)
26 ENDORSED ORDER granting 25 motion to dismiss. Signed by Judge Richard A. Lazzara on 11/8/2006. (DMB) (Entered: 11/08/2006)
Mail returned as Undeliverable re: 26 Order on motion to dismiss. Mail marked, "Return to sender. Box Closed - no order", as to William B. Fenton. (mrh) (Entered: 11/21/2006)