Case 1:98-cv-01458-AJ Document 1 Entered on FLSD Docket 06/23/1998 Page 1 of 8

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

~ /"'
~ i.~{'-

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

PACIFIC INTERNATIONAL EQUITIES, INC., )

)

Defendant.

)

C lf'll"A· R3 ~,, ~ 4 ~ ~ ·.~ ·~. 'f Iii .., •

·-·-
[.

i .

' t
iii

CIVIL ACTION NO.

MAGISTRATE JUDGE

COMPLAINT BANDSTRA

JURY TRIAL DEMAND

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 Joelle DeSimone Sambino and any other similarly situated individuals who were adversely affected by such practices. As stated with greater particularity in paragraph seven, the Equal Employment Opportunity Commission (hereinafter the "EEOC" or "Commission") alleges that Joelle DeSimone Sambino, a woman, was sexually harassed by supervisors of Pacific International Equities, Inc. and was discriminated against on the basis of her gender. As a result of her reporting such unwelcome sexual harassment and gender discrimination, she was subsequently retaliated against by being terminated.

\

Case 1:98-cv-01458-AJ Document 1 Entered on FLSD Docket 06/23/1998 Page 2 of 8
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(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(l) 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 United States District Court for the Southern District of Florida, Miami Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(l) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Pacific International Equities, Inc. (the "Employer"), has continuously been a Florida corporation doing business in the State of Florida and the City of Miami, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer 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).
2

Case 1:98-cv-01458-AJ Document 1 Entered on FLSD Docket 06/23/1998 Page 3 of 8
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Joelle DeSimone Sambino filed a charge with the Commission alleging violations of Title VII by Defendant, Pacific International Equities, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least November 1, 1995, Defendant Employer has engaged in unlawful employment practices at its Miami, Florida facility, in violation of Section 703(a)(l) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and Section 2000e-3(a) which included the following: a) Joelle DeSimone Sambino and any other similarly situated
individuals were regularly subjected to vulgar language, abusive behavior and sexual remarks of a personal nature. Ms. Joelle DeSimone Sambino made it known to her immediate supervisors that such conduct was unwelcome. Defendant Employer failed to take prompt remedial action when it knew or should have known of the sexual harassment. Moreover, the harassers were managers. Defendant is liable for the behavior Ms. DeSimone was subjected to during her employment. b) Joelle DeSimone Sambino and any other similarly situated individuals were subjected to gender discrimination, such as behavior where a file cabinet was thrown at Ms. Sambino. Male
3

Case 1:98-cv-01458-AJ Document 1 Entered on FLSD Docket 06/23/1998 Page 4 of 8
employees were not subjected to this or other similar behavior. c) Defendant Employer terminated Ms. Sambino the day she
complained to the Senior Vice President about the sexual harassment and gender discrimination. Ms. Sambino had also previously complained to the managers who were harassing her and discriminating against her. Ms. Sambino's termination was in retaliation for her opposition to Defendant's sexual harassment and gender discrimination. 8. The effect of the practice(s) complained of in paragraph 7 above has been to deprive Joelle DeSimone Sambino and any other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of their sex and/or in retaliation for their opposition to unlawful employment practices. 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 Joelle DeSimone Sambino and other similarly situated individuals.
4

Case 1:98-cv-01458-AJ Document 1 Entered on FLSD Docket 06/23/1998 Page 5 of 8
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment, gender discrimination and retaliatory conduct and any other employment practice which discriminates on the basis of sex and/or due to opposition to an unlawful employment practice. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Joelle DeSimone Sambino and any other similarly situated individuals, 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, restoration of benefits and positive future employment references for Joelle DeSimone Sambino and any other similarly situated individuals. D. Order Defendant Employer to make whole Joelle DeSimone Sambino and other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but
5

Case 1:98-cv-01458-AJ Document 1 Entered on FLSD Docket 06/23/1998 Page 6 of 8
not limited to, out of pocket losses, medical expenses and job search expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Joelle DeSimone Sambino and any other similarly situated individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience and humiliation, in amounts to determined at trial.
F. Order Defendant Employer to pay Joelle DeSimone Sambino and any other similarly situated individuals 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.
C. GREGORY STEWART General Counsel GWENDOLYN REAMS Deputy General Counsel DELNER FRANKLIN-THOMAS Regional Attorney
6

Case 1:98-cv-01458-AJ Document 1 Entered on FLSD Docket 06/23/1998 Page 7 of 8
__..., -~ \ ~ ~~.; -::'_._ 7-:f.,v'-.)Z_~­
EVEG. LOWE Supervisory Trial Attorney GEDETY N. SERRALTA Senior Trial Attorney Florida Bar No. 0864137 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE One Biscayne Tower 2 South Biscayne Boulevard Suite 2700 Miami, Florida 33131 Tel. (305) 530-6009 Tel. (305) 530-6000 Fax (305) 530-7660
7

Case 1:98-cv-01458-AJ Document 1 Entered on FLSD Docket 06/23/1998 Page 8 of 8

CIVIL COVER SHEET ,

ltex!t Tht JS.44 C•vd cover sheet 1nd the mform1t10n ~ntt•ned here1n ne•ther replace nor S&Jpplement the fdmg and servtee of ple.d•ngs or other~,,,.ed by

eft•t f t.._.. ruiH of court Th•s form, appro~ed by the Jud.c-.1 Conference of tht Un•tld S

1n ~tember 1974, •s reQuired tor the use of the Clerk

f e purp

H it. f:.) r.heet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

•

Provided. by loea' of •t•a

I (a) PLAINTIFFS

. . .. .. ... ,

EQUAL EMPWYMENT OProRitUNITY'CCMMI

c r,

DEFENDANTS

PACIFIC INTERNATIONAL EQUITIES, INC.

(b) COUNTY OF RESIDENCE OF FIRST USl'~p.J'l.J!IINTIFF '-'.- - - - - -
(EXCEPT IN U.S PLAINTIFF CASES)

MAGISTRATE ruDG'!
BANDSTRA
COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT -"'Da.~d""e"'----­
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
TRACT OF LAND INVOLVED

(C) ATIOR,.,.EYS (FIRM NAME. ADDfiESS. AND TEl,EPHONE NUMBER)
EVe G. Lowe, Superv1sory Tr1al Attorney EBOC, One B1scayne Tower, 2 S. Biscayne Suite 2700, Miami, FL 33131

(d CIRCLE COUNTY WHERE ACTION AROSE: DADE ~10NROE BROWARD PALM BEACH, MARTIN, ST. LUCIE, INDIAN RIVER, OKEECHOBEE, HIGHLANDS

II. BASIS OF JURISDICTION

(PUCE AN . . . ONE BOX ONI.>')

~ 1 U.S. Government Plaintiff

0 3 Federal Queetlon (U.S. Government Not a Party)

::J 2 U.S. Government Defendant

0 4 Diversity (Indicate Cit1zensh•p of
Part1es '" Item Ill)

Ill. CITIZENSHIP OF PRINCIPAL PARTIES

(PI..Aa .... IN ON£ 1101<

(For Otversity Cases Only)

FOA I'UIOmFF AI<O ClHE BOX FOR OEFf:NCWIT)

Citizen of Thie Smte

PTF DEF 01 01

Citizen of Another Sate 02 ::J2

Citizen or Subject of a
Foreign Country

03 03

lncorponlt8d 01 Principal ~ of Bual..-a In Thl• Sate
tncorpomed end Principal ~ of au.J..-. In Another State
Foreign N8tlon

PTF DEF 04 04
05 05
oe oe

IV. CAUSE OF ACTION (CrTE THEus CIVIL STATUTE UNDER Wl-tiO< YOU""" FIUHG AI<O -TE. BRIEF STATEMENT OF CAUSE
00 NOT WE AI~SDtCT~ STATUTES UNLESS OfVERSITV)

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

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

A CONTRACT

A

TORTS

B RlRFEITURE !PENAlTY

A

IIAHKRUPTCY

A OTHER STATUTES

=....._. 110 lnsorance 120 Manne ::J 130 Mrile< 4<1 ~ 140 Negotiable IM!rument ::: 1SO Recove<y ol O.o<paymenl
& Ef'rlOt~tot
hOgment
::: 151 Me<>c.a<e k'
B ::: 152 Recovery ol Del•uneo Stuaent Loens
B = (Excl V..~ans) 153 Recovery of O.~ymenl ol V.Ce-ran s 8ene"ts =C t60 Stoc-. s..ts 190 ~ ContriiC1 ::J 195 Cont•IIC1 P"""-'C1 '--ity
A REAL PROPERTY

PERSONAL INJURY
0310~
::J 315 A.rplano PrOduC1
1..-y
0320 -Lobel&
Slander
::: 330 Fodera! E"""""ers
I.Jabrilty
::J340Monne ::J 345 Manno ProduC1
~
0350Motor::J355 Mol01-
Produd IA!>ollry 0360~-
ln(u"f

PERSONAL INJURY
C::: 362 P...anai lro(u<y-
t.led Molpt0C11Ce
0 385 P..-.on&~ lro(u<y-
Produd~ry
C 368 Asbootos Peroona~
lnp.H')' PrOOUd
1..-y
PERSONAL PROPEI:TY
0370~F-
B o 371 ....., "' Lenanv ::J380~P"'-"¥~ 0 385 "'-"¥ o...,_ Produd~

A CIVIL RIGHTS

B PRISONER P£T1TIONS

'-' ~!0 Agncu~ure ::J 620 Ottler Food & Orug ::J 625 Drug Related Setlura of
Property 21 USC 88t
::J 630 l.Jquor Laws
::J640RR&Trud<
::J 650 A.rMne Regs
::J 660 ~fe'"~~~lth
~ 690 Other

A

LABOR

::J 710 F..,Ubo<SiandMda AcO
Bu 120 Ubor/Milml ~ 0 730 Ubof/Mgml Repo<!Jng & Doodoou<o AcO

0 422 A28A>uMsIc 158

0

4

2 28 u3 sc

-
157

A PROPERTY RIIIHTS
0 820 CopyngltCo 0 830 PIHnl 0840Tf-
B SOCIAL SECURITY
OM1 HIA(131151) 0 M2 --'-"""I (V23) 0 N3 DIWCIOIWW (C05(g)) 0 8e4 SSIO Tille XVI 0 8e5 RSI (405(g))

0 400 Slele
~----·1
0410-
B 0o0 4447835000 - c._ :,o_n- -,._:_ .t,iaC.nClu- n_ g ~lllc.

Corlt4ll arvwu-
0 810 ~ Serw:a

0850-/~/

Eact-.

usc 0875~~

12

3410

0 Ut /qlallllnl-

08t2ECO<IOftW:-

AcO

0103E..........--

08S4E'*9Y-Ac0

=:J 210 \..and Condemnahon

= B

::..=:; 220 Foreclotute
C 230 Ren1 L...., & Ei«fmont

240 Torls 10 Lond

::J ::J

245 290

AToIrtOPirhoedruCA1NLIo•p<>,_•ry.,.,

::J441~
:Ki442 E~l ::J 443 Houoong/
AccommodatiOns
::1444 w..... :::J 440 Oiher CMI Roghts

-. L;510-10Vocae Sentenoo
Habeas Co~pJ,
C530 CS35 Oo""'"""""Y *C 540 --..... & Otne• 0 550 _C1 Yll Ri<Jbt.a
•A or a

0 740 Railwoy Ubof
AcO
0 790 Oilier Ubof
B ~
0 791 E~ Rei Inc Secunly AcO

A FEDERAl TAX IUI11
0870TueotUS.or Del-l
0 871 IRS- Thonl Pony
26USC7e09-

Olt5 F•-ol
lnlormaonAcO
0 1100 AA>MI ol FM ~Equoil-10
0950~of
-* 0 890 oe,., Slalutory
---- *A or B

VI. ORIGIN

(PLACE AN x IN ONE BOX ONLY)

Transferred from

Appeal to Dostnct 0 7 Judge from

~ 1 Ongtnal

C 2 Removed from

0 3 Remanded from

C 4 Ref i.led 0 5 another district

0 6 Multidistrict

Magistrate

Proceed1ng

State Court

AppeMate Court

(specify)

litigation

Judgment

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

0 UNDER FR.CP 23

DEMAND$

Check YES only if demanded in complain!:
JURY DEMAtiD: ~YES o NO

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

JUDGE - - - - - - - - - - - D O C K E T NUMBEn__ _ _ _ _ _ _ _ __

.- DA1\T(E-~~

~L' . C:l· ~--
·:1' .. -.;._

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

oF AliGNATURE OF ATIOANEY RECOAD
ct.::' ---·-~ FOR OFFICE USE ONLY: Receipt Ho. _ _ _ _ _ _ _ Allount:_ _ _ __ Date Paid: _ _ _ _ _ _ _ _ 11/ifp:_ _ _ _ __

 
 Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 1 of 57

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
PACIFIC INTERNATIONAL EQUITIES, INC., SOUTHEASTERN FLORIDA PROPERTIES, INC. and SOUTHEASTERN FLORIDA MANAGEMENT, INC.,
Defendants.
----------------------------~/
NATURE OF THE ACTION

CIVIL ACTION NO. 98-1458-CIV -SEITZ
AMENDED COMPLAINT JURY TRIAL DEMAND
INJUNCTIVE RELIEF SOUGHT
OCT 1 5 1999
CL£CRA K R~•JOUIfSNTK. I:CT. B.D. OF LA. • MIAMI

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 Joelle DeSimone Sambino and any other similarly situated

individuals who were adversely affected by such practices. As stated with greater particularity in

paragraphs sixteen through eighteen, the Equal Employment Opportunity Commission (hereinafter

the "EEOC" or "Commission") alleges that Joelle DeSimone Sambino, a woman, was sexually

harassed by supervisors ofPacific International Equities, Inc., Southeastern Florida Properties, Inc.

and Southeastern Florida Management, Inc., and was discriminated against on the basis of her

gender. As a result ofher reporting such unwelcome sexual harassment and gender discrimination,

she was subsequently retaliated against by being terminated.

10

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 2 of 57
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)( 1) and (3) ("Title VII") and Section I02 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 ofthe United States District Court for the Southern District ofFlorida, Miami Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of 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)(l) and (3). 4. At all relevant times, Defendant, Pacific International Equities, Inc., (the "Employer"), has continuously been a Florida corporation doing business in the State ofFlorida and the City of Miami, and has continuously had at least 15 employees. 5. At all relevant times, Defendant, Southeastern Florida Properties, Inc., (the "EmpIoyer"), has continuously been a Florida corporation doing business in the State ofFlorida and the City of Miami, and has continuously had at least 15 employees. 6. At all relevant times, Defendant, Southeastern Florida Management, Inc., (the
1 1

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 3 of 57
"Employer"), has continuously been a Florida corporation doing business in the State ofFlorida and the City of Miami, and has continuously had at least 15 employees.
7. At all relevant times, Defendant Employer, Pacific International Equities, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 70l(b), (g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
8. At all relevant times, Defendant Employer, Southeastern Florida Properties, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 70l(b), (g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
9. At all relevant times, Defendant Employer, Southeastern Florida Management, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 70l(b), (g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
I0. At all relevant times, Defendants, Pacific International Equities, Inc., Southeastern Florida Properties, Inc. and Southeastern Florida Management, Inc., have had interrelation of operations.
11. At all relevant times, Defendants, Pacific International Equities, Inc., Southeastern Florida Properties, Inc. and Southeastern Florida Management, Inc., have had common management.
12. At all relevant times, Defendants, Pacific International Equities, Inc., Southeastern Florida Properties, Inc. and Southeastern Florida Management, Inc., have had centralized control of labor relations.
13. At all relevant times, Defendants, Pacific International Equities, Inc., Southeastern Florida Properties, Inc. and Southeastern Florida Management, Inc., have had common ownership
12

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 4 of 57
or financial control. 14. At all relevant times, Defendants, Pacific International Equities, Inc., Southeastern
Florida Properties, Inc. and Southeastern Florida Management, Inc., have been a joint employer engaged in an industry affecting commerce within the meaning of Sections 70l(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 15. More than thirty days prior to the institution of this lawsuit, Joelle DeSimone Sambino filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 16. Since at least November 1, 1995, Defendant Employer, Pacific International Equities, Inc., has engaged in unlawful employment practices at its Miami, Florida facility, in violation of Section 703(a)(l) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and Section 2000e-3(a) which included the following: a) Joelle DeSimone Sambino and any other similarly situated
individuals were regularly subjected to vulgar language, abusive behavior and sexual remarks of a personal nature. Ms. Joelle DeSimone Sambino made it known to her immediate supervisors that such conduct was unwelcome. Defendant Employer failed to take prompt remedial action when it knew or should have known of the sexual harassment. Moreover, the harassers were managers. Defendant is liable for the behavior Ms. DeSimone was subjected to
13

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 5 of 57
during her employment. b) Joelle DeSimone Sambino and any other similarly situated
individuals were subjected to gender discrimination, such as behavior where a file cabinet was thrown at Ms. Sambino. Male employees were not subjected to this or other similar behavior. c) Defendant Employer terminated Ms. Sambino the day she complained to the Senior Vice President about the sexual harassment and gender discrimination. Ms. Sambino had also previously complained to the managers who were harassing her and discriminating against her. Ms. Sambino's termination was in retaliation for her opposition to Defendant's sexual harassment and gender discrimination. 17. Since at least November 1, 1995, Defendant Employer, Southeastern Florida Properties, Inc., has engaged in unlawful employment practices at its Miami, Florida facility, in violation of Section 703(a)(l) and Section 704(a) ofTitle VII, 42 U.S.C. § 2000e-2(a) and Section 2000e-3(a) which included the following: a) Joelle DeSimone Sambino and any other similarly situated individuals were regularly subjected to vulgar language, abusive behavior and sexual remarks of a personal nature. Ms. Joelle DeSimone Sambino made it known to her immediate supervisors that such conduct was unwelcome. Defendant Employer failed to take
14

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 6 of 57
prompt remedial action when it knew or should have known of the sexual harassment. Moreover, the harassers were managers. Defendant is liable for the behavior Ms. DeSimone was subjected to during her employment. b) Joelle DeSimone Sambino and any other similarly situated individuals were subjected to gender discrimination, such as behavior where a file cabinet was thrown at Ms. Sambino. Male employees were not subjected to this or other similar behavior. c) Defendant Employer terminated Ms. Sambino the day she complained to the Senior Vice President about the sexual harassment and gender discrimination. Ms. Sambino had also previously complained to the managers who were harassing her and discriminating against her. Ms. Sambino's termination was in retaliation for her opposition to Defendant's sexual harassment and gender discrimination. 18. Since at least November 1, 1995, Defendant Employer, Southeastern Florida Management, Inc., has engaged in unlawful employment practices at its Miami, Florida facility, in violation of Section 703(a)(l) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and Section 2000e-3(a) which included the following: a) Joelle DeSimone Sambino and any other similarly situated individuals were regularly subjected to vulgar language, abusive
15

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 7 of 57
behavior and sexual remarks of a personal nature. Ms. Joelle DeSimone Sambino made it known to her immediate supervisors that such conduct was unwelcome. Defendant Employer failed to take prompt remedial action when it knew or should have known of the sexual harassment. Moreover, the harassers were managers. Defendant is liable for the behavior Ms. DeSimone was subjected to during her employment. b) Joelle DeSimone Sambino and any other similarly situated individuals were subjected to gender discrimination, such as behavior where a file cabinet was thrown at Ms. Sambino. Male employees were not subjected to this or other similar behavior. c) Defendant Employer terminated Ms. Sambino the day she complained to the Senior Vice President about the sexual harassment and gender discrimination. Ms. Sambino had also previously complained to the managers who were harassing her and discriminating against her. Ms. Sambino's termination was in retaliation for her opposition to Defendant's sexual harassment and gender discrimination. 19. The effect ofthe practice(s) complained ofin paragraphs 16-18 above has been to deprive Joelle DeSimone Sambino and any other similarly situated individuals ofequal employment opportunities and otherwise adversely affect their status as employees because of their sex and/or
16

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 8 of 57
in retaliation for their opposition to unlawful employment practices. 20. The unlawful employment practices complained of in paragraphs 16-18 above were
intentional. 21. The unlawful employment practices complained of in paragraphs 16-18 above were
done with malice or with reckless indifference to the federally protected rights of Joelle DeSimone Sambino and other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, Pacific International Equities, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment, gender discrimination and retaliatory conduct and any other employment practice which discriminates on the basis of sex and/or due to opposition to an unlawful employment practice. B. Grant a permanent injunction enjoining Defendant Employer, Southeastern Florida Properties, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment, gender discrimination and retaliatory conduct and any other employment practice which discriminates on the basis of sex and/or due to opposition to an unlawful employment practice. C. Grant a permanent injunction enjoining Defendant Employer, Southeastern Florida Management, Inc., its officers, successors, assigns, and all persons in active concert or
17

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 9 of 57
participation with it, from engaging in sexual harassment, gender discrimination and retaliatory conduct and any other employment practice which discriminates on the basis of sex and/or due to opposition to an unlawful employment practice.
D. Order Defendant Employer, Pacific International Equities, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices.
E. Order Defendant Employer, Southeastern Florida Properties, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices.
F. Order Defendant Employer, Southeastern Florida Management, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices.
G. Order Defendant Employer, Pacific International Equities, Inc., to make whole Joelle DeSimone Sambino and any other similarly situated individuals, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefnecessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement and/or front pay, restoration ofbenefits and positive future employment references for Joelle DeSimone Sambino and any other similarly situated individuals.
H. Order Defendant Employer, Southeastern Florida Properties, Inc., to make whole Joelle DeSimone Sambino and any other similarly situated individuals, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief
18

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 10 of 57
necessary to eradicate the effects ofits unlawful employment practices, including but not limited to, reinstatement and/or front pay, restoration ofbenefits and positive future employment references for Joelle DeSimone Sambino and any other similarly situated individuals.
I. Order Defendant Employer, Southeastern Florida Management, Inc., to make whole Joelle DeSimone Sambino and any other similarly situated individuals, 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, restoration ofbenefits and positive future employment references for Joelle DeSimone Sambino and any other similarly situated individuals.
1. Order Defendant Employer, Pacific International Equities, Inc., to make whole Joelle DeSimone Sambino and other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 16-21 above, including but not limited to, out of pocket losses, medical expenses and job search expenses, in amounts to be determined at trial.
K. Order Defendant Employer, Southeastern Florida Properties, Inc., to make whole Joelle DeSimone Sambino and other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 16-21 above, including but not limited to, out ofpocket losses, medical expenses and job search expenses, in amounts to be determined at trial.
L. Order Defendant Employer, Southeastern Florida Management, Inc., to make whole Joelle DeSimone Sambino and other similarly situated individuals, by providing compensation for
19

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 11 of 57

past and future pecuniary losses resulting from the unlawful employment practices described in

paragraphs 16-21 above, including but not limited to, out ofpocket losses, medical expenses and job

search expenses, in amounts to be determined at trial.

M. Order Defendant Employer, Pacific International Equities, Inc., to make whole Joelle

DeSimone Sambino and any other similarly situated individuals by providing compensation for past

and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs

16-21 above, including but not limited to, emotional pain, suffering, inconvenience and humiliation,

in amounts to determined at trial.

N. Order Defendant Employer, Southeastern Florida Properties, Inc., to make whole

Joelle DeSimone Sambino and any other similarly situated individuals by providing compensation

for past and future nonpecuniary losses resulting from the unlawful practices complained of in

paragraphs 16-21 above, including but not limited to, emotional pain, suffering, inconvenience and

humiliation, in amounts to determined at trial.

0. Order Defendant Employer, Southeastern Florida Management, Inc., to make whole

Joelle DeSimone Sambino and any other similarly situated individuals by providing compensation

for past and future nonpecuniary losses resulting from the unlawful practices complained of in

paragraphs 16-21 above, including but not limited to, emotional pain, suffering, inconvenience and

I

humiliation, in amounts to determined at trial.

P. Order Defendant Employer, Pacific International Equities, Inc., to pay Joelle

DeSimone Sambino and any other similarly situated individuals punitive damages for its malicious

and reckless conduct described in paragraphs 16-21 above, in amounts to be determined at trial.

20

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 12 of 57

Q.

Order Defendant Employer, Southeastern Florida Properties, Inc., to pay Joelle

DeSimone Sambino and any other similarly situated individuals punitive damages for its malicious

and reckless conduct described in paragraphs 16-21 above, in amounts to be determined at trial.

R. Order Defendant Employer, Southeastern Florida Management, Inc., to pay Joelle

DeSimone Sambino and any other similarly situated individuals punitive damages for its malicious

and reckless conduct described in paragraphs 16-21 above, in amounts to be determined at trial.

S. Grant such further relief as the Court deems necessary and proper in the public

interest.

T. 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.

C. GREGORY STEWART General Counsel

GWENDOLYN REAMS Deputy General Counsel

DELNER FRANKLIN-THOMAS

Regional Attorney

.

EVEG. LOWE Supervisory Trial Attorney

I

/\ -\ r, - ~
,I

( ~ ,)__,::,_- \

~-
/ \_'

-..-.'~~.__ , __

GEDEtY-~ERRAL T A

Senior Trial Attorney

Florida Bar No. 0864137

21

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 13 of 57
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE One Biscayne Tower 2 South Biscayne Boulevard Suite 2700 Miami, Florida 33131 Tel. (305) 530-6009 Tel. (305) 530-6000 Fax (305) 530-7660
22

Case 1:98-cv-01458C-HAJARGDEocOuFme--n•ts2C9RIMEINnAteTreIOd Non FLSD Docket 10/19/1999 CHAPRGaEgeNU1I4IBEoRf 57

Thls for•

[. the Prlvacy Act of 1974; See Prlvacy Act State•ent before

EPA

[&) EEOC

150963417

Florida Comm. on Human Relations
Statt! or local Agtncy, if tliTj.

and EEOC

HAllE (Jnd!c4Ce Hr., Hs., Hrs.)

CITY, STATE AND ZIP CODE
Fl 161

D RACE

0 COLOR

00 SEX D RELIGION 0 IIATIONAL ORIGIN

D RETALIATION D AGE

0 DISABILITY 0 OTHER (~=e.:t !)')

THE PARTICULARS ARE (lr add!tlontJl space Is needed, att•cll ez:tra s~~t(s)):

DATE DISCRIIIINATION TOOK PLACE

EARLIEST

l..ATEST

07/24/96

07/24/96

D CONTINUING ACTION

I. From on or about November 1, 1995. I was subjected to a sexually hostile environment. On JJy 24, 1996, I was discharged from the
position of Project Manager Assistant. Respondent is in the construction business and has at least 15 employees.

II. No reason was given for the hostile environment. Camilo Blanco, Vice President, stated that I was being terminated for calling Howard Shapiro, Senior Vice President.

III.

I believe that I have been discri~inated against because of my
sex, female, in violation of Title VII ofthe Civil Rights Act of
1964, as amended.

D I want this charge filed with Doth the EEOC and the State NOT~Y - ~n necessary for State and Local Requirements)

local Agency, 11 any. I will advise the agencies 11 I change • Y t - - - - - - - - - - - - - - - - - - - - - - - - - 1

address or telephone nu.Der and cooperate fully with the• in the I swear or affin. that I have read the above charge and that

in accordance

it is true to the best of~ knowledge, infor•ation and belief.

I declare under penalty of perjury that the foregoing is true and correct.

SIGNATURE OF COMPLAINANT

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
(Day, ~nth, and year)

FEPACOPY

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD DoPEcRkSOeNt F10/1.i9C/H1AR9G9E 9 Page 15 of 57

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

De Si~one, Joelle E

~r Charles Bedzow Owner/President Pacific International 11098 Biscayne Blvd.
Suite 402
~iami, FL 33161

_j
150963417

NOTICE OF CHARGE OF DISCRIMINATION

Most RecenJ
07/24/96

You are hereby notified that a charge of employ•ent discri•ination nas been filed against your organization under:

00 TITLE VII OF THE CIVIL RIGHTS ACT OF 1864

0 THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 15167

0 THE AMERICANS WITH DISABILITIES ACT

0 THE EQUAL PAY ACT (29 U.S.C, SECT. 20S(d)) 1nvest1gat1on wUl be conducted concurrently wlth our 1nvest1gat1on
of thiS charge.

The boxes checked below apply to your organization: 1. 0 No action is required on your part at this ti•e.

2.00 Please submit by 09/30/96 a state•ent of your position with respect to tne allegation(s)
contained in this charge, with copies of any supporting docu•entation. This •aterial will be made a part of the file and will be considered at the ti•e that we investigate this charge. Your prompt response to this request will •ake it easier to conduct and conclude our investigation of this charge.
3.00 Please respond fully by 09/30/96 to the attached request for information which pertains
to the allegations contained in this charge. Such inforMation will be made a part of the file and will be considered by the commission during the course of its investigation of the charge. For further inquiry on this matter, please use the charge maber shown above. Your position statement, your response to our request for information, or any inquiry you 11ay have shOuld be directed to:

MIAMI DISTRICT OFFICE
One Biscayne Tower, Suite 2700 2 South Biscayne Blvd.
MIAMI, FLORIDA 33131
~Enclosure: copy of Charge

Christina Soule'
(Commission RqnsenJative)
( 305) 530-60~
(Tel ne NUITiber)

0 RACE 0 COLOR IXJ SEX 0 RELIGION 0 NAT. ORIGIN 0 AGE 0 DISABILITY 0 RETALIATION 0 OTHER
CIRCUMSTANCES OF ALLEGED VIOLATION
See enclosed Form 5, Charge of Discr1c1nat1on.

DATE
07/30/96

AUTHORIZED EEOC CIAL
Costales

FILE COPY

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Equal Emp1ovment Oooortunltv Commission
OIAMI DIS1R!CT OFFIC~ MIAMI, FLORIDA 33131

Page 16 of 57

Charging Party: De Simone, Joelle E Charge No.: 150963417
PLEASE ADVISE IP YOU ARE RESPONDING TO ANOTHER AGENCY REGARDING THE SAME PARTICULARS OR IF THERE ARE COMPANIONS TO THIS CHARGE
Mr. Charles Bedzow Owner/President Pacific International 11098 Biscayne Blvd. Suite 402 Miami, FL 33161
Dear Sir/Madam:
Your organization is hereby requested to submit information and records relevant to the subject charge of discrimination. The Commission is required by law to investigate charges filed with it, and the enclosed request for information does not necessarily represent the entire body of evidence which we need to obtain from your organization in order that a proper determination as to the merits of the charge can be made. Please submit a response to the requested information by the deadline cited below.
You may be assured that any information or explanation supplied by your organization will not be made public.
S?c~:/lry, ) ~ _J (
l! f:..t4J ~-~
Christina Soule' Enforcement Supervisor
Response Deadline Date: 093096
The following dates are considered to be the "relevant period" for the attached Request for Information : 110195 - 073096

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 17 of 57
Equal Employment Opportunity Commission
REQUEST FOR INFORMATION
Chg. Party: De Simone, Joelle E Respondent: Pacific International Charge No.: 150963-U7
1. Give the correct name and address of the facility named in the charge.
2. State the total number of persons who were employed by your organization during the relevant period. Include both full and part-time employees. How many employees are employed by your organization at the present time?
3. Submit a written position statement on each of the allegations of the charge. Submit copies of all documents relating to the allegations raised in the charge and all written statements in your possession or control relating to the allegations raised in the charge.
4. Submit copies of all written rules, policies and procedures relating to the issue(s) raised in the charge. If such does not exist in written form, explain the rules, policies and procedures.
5. Also, please include any additional information and explanation you deem relevant to the charge.
Issue: DISCHARGE
1. If the charging party was discharged, submit the following: a. date of discharge, b. reason for discharge, c. statement of whether the charging party had any right of appeal, and whether the charging party made use of any appeal rights, d. person recommending the discharge, including name, position held, and gender , e. person making final decision to discharge the charging party, including name, position held, and gender . Attach copy of any evaluation or investigation report relating to the discharge, and f. copies of all pertinent documents in the charging party's personnel file relating to the subject discharge.
2. Explain your discharge procedures in effect at the time of the alleged violation. If the procedures are in writing submit a copy.
3. Submit copies of all written rules relating to employee duties and conduct. Explain how employees learn the contents and rules.
4. List all employees who committed the same or substantially similar offense(s) that the charging party committed and the disciplinary action taken against them. Supply backup documentation for the list. Include name, position title, and gender .
5. List all the employees discharged within the relevant period. For each employee, include employee's name, position title, reason for and date of discharge, and gender , and a copy of the separation notice.
6. Copies of all personnel documents concerning the employment of the person(s) hired to replace charging party or who assumed charging party's duties. Please annotate the name and gender of this person(s).

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 18 of 57
7. List of all employees reporting to the same supervisor who were in employment status as of the date of charging party's discharge by:
a. name, and gender , b. date of hire, c. position as of the date of charging party's discharge, d. copies of all documents, positive or negative, concerning
the performance/conduct of each employee.
Issue: SEXUAL HARASSMENT
1. State and describe respondent's policy with regard to sexual harassment at the time of the charge. Explain how this policy is/was developed, implemented, and disseminated. Submit a copy of all documents which state, describe, reference, or relate to the policy, its creation, its implementation, and its dissemination.
2. Has any applicant or employee complained or charged (either orally or in writing internally or externally) that any employee in the facility engaged in sexual harassment in connection with the employee's employment relationship? If so, submit the following information for each complaint received: a. name, position, and department of complaint, b. name and position for each person(s) receiving the complaint(s) and the date of the receipt of the complaint(s), c. name and position of each person whose conduct was the subject of the complaint, d. a detailed description of the relationship between the alleged harasser and the respondent, e. a detailed account of the conduct which is the subject of the complaint including the date(s), f. the context in which the alleged conduct occurred, including the specific location, g. an explanation of the action(s) taken to resolve this complaint, both with respect to the alleged harasser and the complainant, h. the name and sex of each witness to the event(s) alleged which served as a basis for the sexual harassment complaint, and i. a description of each disciplinary/discharge action taken against the complainant, including, but not limited to, the date and nature of each action. Submit all documents which state, describe, reference, or relate to each sexual harassment complaint including, but not limited to, the resolution of the complaint.

Case 1:98-cv-01458-AJ

Document 29 Ente~rOeFdRCoEnSFLSD Docket 10/19/1999 HOGG, AlLEN, NORTON & BWE
PfiOF£.S8CIIW. AS90CIATlON

Page 19 of 57

IUIT'I-
CORAL G.uu:s, FLoltmA 33134

01U..AND0, Fl..oa.mA 32801

TAI.LAIIAM'.E, FwRIDA 32301

T-OFFU HYtlE IWtK 1'\AV.. UTI 310 U4 104./T\4 IMlE PNitt AIIOIUE
TAMPA, FLoamA ~

September 23, 1996
Ms. Cluistina Soule Enforcement Supervisor Miami District Office One Biscayne Tower, Suite 2700 2 South Biscayne Blvd. Miami, Florida 33131
Re: Joelle E. De Simons and Pacific International Equities, Inc. EEOC Charge No. 150 96 3417
Dear Ms. Soule:
Please be advised that the undersigned represents the Employer, Pacific International Equities, Inc., with respect to the above-referenced charge.
You may be assured we will cooperate with the Commission in every reasonable way to see that this matter is resolved expeditiously. Please send all future correspondence to me.
Should you have any questions, please do not hesitate to call. Thank you.

MH/nr

Case 1:98-cv-01458-AJ

Document 29 Entered on FLSD Docket 10/19/1999
LAW OFFICES
Hocc, ALLL"', NORTON & BLUE
PROFESSIONAL ASSOOATlON

Page 20 of 57

CORAL GABUS. FLoRIDA 33134

ORI.NIDO OFFlCl liGNATUR£ 1'1.-'lA. IUITE tiO
201 80UTH ORANGE AVENUE
ORlANDO, FLORIDA 32801
407~7
TELECOPY 4071U2-7lU

TALL.\HASSD., FLORIDA 31301

T-OFFICE H'I'OE PAliK P\.AZA, IUITE )50 ~ 80UTl< H'I'OE PARK AII£HUE
TAMPA. FLoRIDA33606
11Y251-1210

October 15, 1996

Ms. Christina Soule Enforcement Supervisor Miami District Office One Biscayne Tower, Suite 2700 2 South Biscayne Blvd. Miami, FL 33131
Re: Joelle E. De Simone v. Pacific International Equities, Inc. EEOC Charge No: 150-96-3417

.,,

~-=-

. - : .•

~

--: ,.

'""""

-
_:-:

_-.-.,

.-

'
--

.

~

--. -. ~ :
~ ,_
C-' ;.e::.

._.
-
fJ\

;--

Dear Ms. Soule:

Please consider this correspondence as the response to Ms. De Simone's administrative charge of a sexually hostile work environment. Pacific International Equities, Inc. ("Pacific"), absolutely denies any claim or accusation of employment discrimination, and Ms. De Simone's claim of a sexually hostile environment is particularly without merit. There is no illegal, hostile work environment, and Ms. De Simone was terminated from continued employment with the Respondent only after she engaged in insubordinate conduct, resulting from her refusal to perform the duties of her job for her supervisor at the time of her discharge, Mr. Camilo Blanco.

Ms. De Simone's administrative charge appears to have been signed under oath, on July 25, 1996, but includes the following accusation: "From on or abOut November l. 1995J was subjected to a sexually hostile environment. On JUly '14,1996 I was discharged..." Respectfully, this accusation is insupportable. Ms. De Simone worked continuously for Pacific from May 1995, through the date ofher termination, July 24, 1996, and made no accusation, claim or objection at any time concerning any sexually hostile or offensive work environment or conduct. In fact, her EEOC charge fails to even remotely indicate what act or omission ever occurred which created any sexually offensive or hostile work environment. Ms. De Simone's readiness to file such a charge the day immediately following her termination is inconsistent with the complaint which she forwarded to Mr. Howard Shapiro, Pacific's Senior Vice President on July 17, 1996, wherein she made no mention at all ofany discrimination or sexually hostile/offensive work environment (copy attached). Rather, her written complaint of July 17th evidences the type of insubordination for which she was terminated. On that date, Ms. De Simone unilaterally created an interoffice memorandum, while on Company time, and faxed such to the Respondent's Senior Vice President, v.ithout reviewing the memorandum

29528

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 21 of 57
October 15, 1996 Page 2
with, or even notifying her direct supervisor, Mr. Blanco, of such. The memorandum clearly reveals Ms. De Simone's admissions that she was unable to perform the job functions expected of her, and according to her own words, needed "a second person so we might accomplish all these duties."
The fact ofthe matter, however, is that Ms. De Simone has been replaced with a competent secretary (Ms. Lima Gomes) who is capable o( and has proven so far, to perform all functions of the position without the help of an additional person. Ms. De Simone's memorandum of July 17, was not the first instance where she attempted to resolve her personal disputes with the Respondent's Senior Vice President, rather than her immediate supervisor, Mr. Blanco. On or about July 7, 1996, Mr. Camilo Blanco assumed responsibility as Project Manager for Pacific's Sunset Harbor development. Ms. De Simone was the secretary to the former Project Manager, and apparently experienced difficulty in accepting the change of her supervisor. Ms. De Simone complained directly to Mr. Blanco's supeiVisor, Mr. Shapiro, about her work load under Mr. Blanco's supervision. Mr. Shapiro then consulted with Mr. Blanco and it was determined that one secretary was capable of penorming all ofthe work requested on a timely basis, and Ms. De Simone was notified that she was expected to perform such in a competent and timely manner, and ifshe had any further difficulty in perfonning her job duties she should first talk directly with her supervisor, Mr. Blanco, concerning such. On July 17, 1996, Ms. De Simone, however, as explained above, sent a second complaint concerning her work duties directly to Mr. Shapiro before reviewing such with Mr. Blanco.
Just as important, moreover, is the failure of Ms. De Simone to document any complaint concerning sexual harassment, discrimination or an alleged hostile work environment in her memorandum ofJuly 17, 1996 - or at any time during her employment. Certainly, if there were any merit to any such claim, Ms. De Simone should have included such in her memorandum directed to the Respondent's Senior Vice President. Pacific International would have certainly taken fast and effective remedial action if anyone made such a complaint. Of note, the fact that Ms. De Simone received a substantial pay increase in the Spring of 1996 when her form ofcompensation was changed from $10.00 per hour with no additional benefits, to a yearly salary of $26,000.00, plus health insurance benefits, directly contradicts any legitimate claim that she was subjected to a hostile, offensive or otherwise improper work environment during her employment.
I trust this satisfies the Commission's inquiry into this matter, and a determination that there is no reasonable basis in fact or law to support Ms. De Simone's claim is forthcoming. Enclosed please find copies of Ms. De Simone's personnel information. If the Commission has any further questions or concerns, please feel free to contact me at your convenience.

m2a

HOGG, ALLEN, NORTON & BLUE
PROFESSIONAl ASSOCIA'IlON

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 22 of 57

U.S. EQUAL EMPLOYMENT OPPOR'I1.n\TIY COMMISSION

M1am1 Dlatrlct Oflke
EEOC Charge No. 150963417

1 ~Tower, Suite voo
2 Souch BiKayne Boulerard Miami, PI. ~3131-1805 PH: (305) ~~91 TDD: (305) ~~~721 PAX: (305) ~~11

Joelle E. DeSiaone 427 Golden Isles Hallandale, FL 33009

Charging Party

Pacific International Equities, Inc. 11098 Biscayne Boulevard, Suite 402 Miami, FL 33161

Respondent

LITTD or DITIRJ(IDTIQW
I issue the following deteraination on the aerits of this charge.
Respondent is an -ployer within the :aeaninq of Title VII of the Civil Rights Act (Title VII) of 1964, as a.ended, and tiaelinesa, deferral and all other requirements for coverage have been aet.
Charginq Party alleged that she was discriainated against in violation of Title VII in that she was subjected to a hostile working environaent that was based on sex (feaale). The harassment was often sexually harassing in nature or on other occasions constituted gender harassaent. She alleged further that when she complained about the harassaent, the Respondent retaliated against her by discharging her.
Examination of the evidence indicates that the allegations of the Charging Party are true. The Respondent's reasons for its actions do not withstand scrutiny. I have deterained that the evidence obtained during the investigation establishes that there is reasonable cause to believe that a violation of the statute has occurred in that Charging Party Joelle B. DeSimone and other similarly situated females were subjected to sexual harassment and harassment based upon their gender.
Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliainate the alleged unlawful practices by inforaal aethods of conciliation. Therefore, the Commission now invites the parties to join vith it in reaching a just resolution of this aatter. The confidentiality provisions of Sections 706 and 709 of Title VII and the Commission Regulations apply to information obtained durinq conciliation.

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 23 of 57
Letter of Determination EEOC Charge No. 150963417 Page ~ If the Respondent declines to discuss settlement or when, for any other reason, a settlement acceptable to the office Director is not obtained, the Director will inform the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission. A Commission representative will contact each party in the near future to begin co~ciliation.
I
the Commission:
June 26, 1997
Date
Enclosure: Invitation to Conciliate
cc: Respondent Representative Murray Hudson, Esq. Hogg, Allen, Norton & Blue, P.A. 121 Majorca, Suite 300 Coral Gables, FL 33134

Case 1:98-cv-01458-AJ

Document 29 Entered on FLSD Docket 10/19/1999
LAW OFFICES
ALLE:'Il, NORTO~ & BLUE
PROFESSIONAL ASSOCIATION

Page 24 of 57

MIAMI OFFICE SUITE JOO
121 MAJORCA
CORAL GABLES, FLORIDA 33134
3051445-71101 TELECOPY 3051442·1~78

ORLANDO OFFICE SIGNATURE PLAZA. SUITE 810 201 SOUTH ORANGE AVENUE
ORLANDO, FLORIDA 32801
.0718'3-0437 TELECOPY 4C~ ~22·7368

TALLAHASSEE OFFICE

SUITE 305

(

I •

I ,..... •

21~SOUTHMONROESTR~'- ...; ... , :: _

TALLAHASSEE, FLORID.'. 32301

TAMPA OFFICE
HYDE PARK PLAZA. SUITE 350
32• SWH ~~PARK AVENUE l,... '- ~
TAMPA, FLORIDA 33606

904/561 ·3503 TELECOPY 9041561..()332 •.·

813/251·1210
: ' , ·l~LEqoPY 813125~200G
·: '1 . ~ \

REPLY TO: Coral Gables

January 20, 1998

VIA FACSIMILE AND U.S. MAIL

Hollis Larkins Deputy District Director Equal Employment Opportunity Commission Miami District Office 1 Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, FL 33131-1805

Re: Request for Reconsideration in JoeUe DeSimone Sabino v. Pacific International Equities. Inc. EEOC Charge No. 150-96-3417

Dear Mr. Larkin:

This firm represents the Respondent in the above-referenced matter. Murray Hudson was the attorney handling this case but he left the finn last year. Accordingly, the case has been assigned to me. I am writing to request reconsideration of the letter of determination issued in this case June 26, 1997 pursuant to 29 C.F.R. 1601.21(b). As more fully stated in this letter, the basis for our request is that the investigation conducted in this case was inadequate and the conclusions stated in the letter of determination are unsupported by the facts. There is also evidence which, if previously considered, would have affected the outcome ofthe determination. Additionally, the Commission's procedures, as set out in the Compliance Manual, were not followed in this case.

There has not, to the Respondent's knowledge, been any investigation in this case; nor was a Pre-Determination interview conducted. Under these circumstances, it appears that there would be new evidence which, if previously considered, would have affected the outcome of the determination. It also appears, based on statements made by the Charging Party in her charge, that there may have been a misapplication of the law.

Additionally, the Commission's ability to conciliate this charge in good faith, as is required

by federal law, is hindered by the inadequate nature of the in

·

44016

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 25 of 57

January 20, 1998 Page 2
Commission cannot, in good conscience. ask that the Respondent pay $85,000 to the Charging Party for unspecified backpay and compensatory damages without the Respondent being at least apprised of the evidence on which a cause detennination was based.
The EEOC Charge filed in this case alleges sex discrimination in the form of termination from employment and an alleged sexually hostile work environment. I do not know and have no way oftelling the nature of the information which the investigator obtained in this case and which led him to make the recommendation outlined in the letter ofdetermination finding reasonable cause. However, I do know for certain that some things were not done which would have to be considered essential to any complete investigation of this matter.
The firing official in this case was not interviewed. The EEOC Charge specifically alleges that the employee in question was terminated by Respondent's Vice President, Camilo Blanco. Mr. Blanco, however, was not interviewed by the investigator concerning the reasons he terminated the Charging Party's employment. An inteiView with Mr. Blanco would reveal evidence which would have affected the outcome of this charge. More specifically, there is clearly an issue as to whether the Charging Party complained about a sexually hostile work environment. The only documentary evidence submitted by the Respondent (a letter written by the Charging Party only one week before her termination in which she makes no mention of sexual harassment) which directly relates to the issues raised in the charge, tends to show that such an issue exists and cannot be decided without at least interviewing the firing official. Certainly one would expect that an interview with the firing official would be essential to any investigation in which an unlawful termination is alleged.
None ofthe management officials mentioned in the charge ofdiscrimination were ever interviewed. The Charging Party alleged that Camilo Blanco told her that she was being terminated because she called Howard Shapiro, Senior Vice President. Neither Messrs. Blanco and Shapiro, were inteniewed on any issue. Again, in light of the serious nature of a Commission cause determination. one would expect that at the very least, the alleged discriminating officials who are named in a charge of discrimination would be interviewed before a cause determination is issued.
To the Respondent's knoK•/edge, none ofthe employees with whom the Charging Party worked were ever interviewed by the Commission. The Charging Party worked at three different locations at different times in her employment. Respondent does not believe that any of its existing employees have been interviewed to testify about the alleged "sexually hostile environment."
The EEOC letter of determination states that "similarly situated females were subjected to sexual harassment and harassment based upon their gender." Respondent has been given absolutely no notice as to who these "similarly situated females" are and the circumstances giving rise to the allegation that they have been subjected to sexual harassment. Without such notification of the identities of the employees and the circumstances alleged to have resulted in sexual harassment, Respondent had absolutely no opportunity to respond to the allegations or present any kind of evidence on this issue prior to the determination.

44016

ALLEN, NORTON & BLUE
PROFESSIONAL ASSOCIATION

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 26 of 57
January 20, 1998 Page 3

Finally, it is again notable that the Charging Party alleged in her charge that Carnilo Blanco told her she was being terminated for "calling Howard Shapiro, Senior Vice President." There is no indication from this statement that she is alleging that she was being terminated in retaliation for having complained about sexual harassment, as was found in the Lener of Determination. Also· notable is that the Charging Party did not check the retaliation box in her charge. The Respondent has no information regarding anything pertaining to her alleged complaint(s) of sexual harassment. Without any information regarding such, the Respondent is forced to defend against something about which it knows nothing. The inherent inequity in such a position is apparent.
Based on the foregoing, it is apparent that the procedures set forth in the Commission's Compliance Manual have not been followed. According to the Compliance Manual, "[i]nterviews are an integral part of all investigations.'' 1 EEOC Compliance :\bnual §23 Interviews, 915.001 (October, 1987) Significantly, the investigation of this case is similar to an example of an inadequate investigation set out in the Compliance Manual. The Compliance Manual contains a hypothetical situation in which the Charging Party and corroborating witnesses are the only ones
interviewed during the investigation ofa sexual harassment case. I EEOC Compliance Manual§ 14.9 Flexible Investigation Procedures (October, 1987). In such a case, according to the Manual, "[t]he
investigation is not complete because the [alleged harassing] supenisorhas not been interviewed."
Significantly, there has also been no Pre-Determination interview in this case, as is required by the Commission's Compliance iW:anuaL 1 EEOC Compliance Manual, §27 PreDetermination Interviews, 915.001 (October, 1987)("[h]old a POI \\ith the respondent in cause cases....[t]he purpose of the PDI is to prO\ide the party with a final opportunity to provide additional evidence in the case."). As you know, the Commission's Compliance Manual requires that the Commission to apprise the Respondent ofthe scope of its investigation and of the evidence on which it will base its determination during such an interview. ld. The Respondent was denied this interview as well as the opportunity to rebut any evidence discussed during such an interview, as is required by the Commission's Compliance Manual.l.Q. This is an additional reason for this case to be reconsidered by the Commission.
To summarize, to the best of Respondent's knowledge, there has essentially been no investigation in this case. The Respondent is prepared to come forward with affidavits and
documentary evidence not previous(r obtained which, ifobtainedprt!liously, would have certainly
affected the outcome ofthis case. Howe\"er, before such evidence is submitted, the Respondent respectfully requests that this case be reopened in order to allow for the submission of such additional evidence. A Pre-Determination interview should also be conducted should the Commission again decide to issue a cause determination.

44016

ALLE..'Ii, ~ORTON & BLUE
PROfESSIONAL ASSOCIATION

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 27 of 57
January 20, 1998 Page4
Pacific International Equities takes the EEOC investigation process and the cause determination very seriously. While it is understandable that an excessive workload and limited resources make it difficult for your organization to conduct a complete investigation, Pacific International Equities should not be prejudiced by this fact. Accordingly, the Respondent respectfully requests a reconsideration of the cause detennination and stands ready to accommodate any request from your investigator for infonnation and make its employees available for interview on the central issues of this case. I look forward to hearing from you and in the meantime if you have any questions or comments, please feel free to contact me.

GAC/yr cc: Camilo Blanco

Gary A. Costales

44016

ALLEN, NORTON & BLUE
PROFESSIONAL ASSOCIATION

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 28 of 57

U.S. EQUAL EMPLOYMENT OPPORTUNI1Y COMMISSION

Miami District Office

I Biscayne TOQ.-cr, Suilc 2700 2 Soulh Biscayne Boul~rd
Miami, FL~~l31·1805 PH: (30S) 536-4-491
IDD: (30S) 536-5721 FAX: B05) 5}6-4011

Gary A. Costales
Allen, Norton & Blue
Suite 300 121 Majorca Coral Gables, Florida

33134

RE: Joelle DeSimone Sabino v. Pacific International Equities, Inc. EEOC Charge No.: 150 96 3417

Dear Mr. Costales:

This is in response to your letter of January 30, 1998 regarding the above cited subject. After a thorough review of the matter, I have concluded that you have not presented any substantially new or relevant evidence or a persuasive argument that the EEOC's prior decision is contrary to law or facts.
You have not presented any new evidence that was not previously considered which may have affected the outcome. I find no errors in the Commission's interpretation of the law or procedures which may have affected the prior decisions. Also, I find no evidence of any misconduct by the investigator or any other staff member.
Therefore, your request for reconsideration of the Letter of Determination, issued June 30, 1997, is hereby denied.
The investigator assigned to this case will contact you to resume the conciliation process.

Sincerely,

\b@, \). £~
Hollis H. Larkins Deputy Director

FEB 051998
Date

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 29 of 57

U.S. EQUAL EMPLOYME~I OPPORTUNilY COM.\USSION

Miami District Office

I Bisca~ne Tov.-er. Suite 2700 2 South B1~ne Boult"\-ard
M1am1. Fl331:H·t80~ PH (.\~) 536-4491
TDD <3~) 536-5721 FAX (3~) 536-4011

Gary A. Costales, Esq. Allen, Norton & Blue, P.A. 121 Majorca, Suite 300 Coral Gables, FL 33134

RE: Joelle E. DeSimone Sambino vs. Pacific International Equities, Inc. EEOC Charge No. 150963417

Dear Mr. Costales:

EEOC has determined that efforts to conciliate this charge as required by Section 706 (b) of Title

vm. Vll of the Civil Rights Act of 1964, as amended, (fitle

have been unsuccessful. This letter

constitutes the notice required by Section 1601.25 of the Commission's Regulations which

provides that the Commission shall notify a respondent in writing when it determines that further

conciliation efforts would be futile or non-productive.

No further efforts to conciliate this case will be made by EEOC. Accordingly, we are at this time forwarding the case to the Miami District's Regional Attorney for possible litigation.

On Behalf of the Commission:

'1/f/rr
Date
FC:ACS:JBM:cs

~ e&,_../.~---
Fedenc Costales District Director

02:22.99 lO~ 17:29 FA!
Case 1:98-cv-01458-AJ

Document 29 Entered on FLSD Docket 10/19/1999
v.-...,CFF : C I $
ALLEN, ~ORTO.S & BLL'E

ill 001
Page 30 of 57

w- .... ~,a
5~rr'E JOO 12l '.&.l.JO~
CoR.~ CABU.S. t'Loal:n." 3313<6

.. ~ ~o·~;e;a
SI~TJllll ~ 111.1...-.: oc;
zo, $01.1"">1 ::rw«;e A'lfJ«Jt. 0nMl>O, FLoRIDA 32801

lAL~,FL0~\32301
e50-'5el·~
TU.!COI>V ee--~e1~2

Tl.toii""O"fl~
••:e o,..~< rr..NA. s·.o ""I:~
32• SC~ T'l ""~!&~A 'I>< A'/o~~li:

FACSIMILE TRANSMITTAL RECORD
DATE: February 22, 1999
{p #OF PAGES: (including cover)
SENT TO: Gedcty Serralta, Esq. COMPANY: EEOC SENT TO FAX#: 305-530-7660
FROM: Gary A. Costales, Esq. CHARGE: 2054 COMMENTS:

FOR PROBLEMS OR QUESTIONS CO:SCERNI~G THIS TRANSACTION,

CALL

5;1/ v' '["

AT (305) 445-7801.

1

The information contained in this facsimile rm.:ssagc is Attorney Privileged and Confiden'ial and is intended only for the use of the incividual or entity named s.s recipient. If the reader is not the recipient, be hereby noticed that the dissemhation, distribution or copy of thi& cornmunica:ion is strictly prohibited.

IF YOU HAVE RECEIVED THIS COMI\~ICATION IN ERROR., PLEASE NOTIFY US 1Mf\.1EDIATELY BY TEL-EPHO!\'E. THANK YOU.

60348_1

02,.22•99 lO~ 17:30 F.U

Ill 00 2

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 31 of 57

l.NITED STATES DTSTRJCT COu~T
SOUTHERN DISTRICT OF FLORIDA
~AMI DIY lSION

EQUAL EMPLOYMENT OPPORTL~ COM:MISSION.
Plaintiff,
v.
PACIFIC INTERNATIO~AL
EQUITIES, INC.
Defendant.
----------------------------------~/

CASE NO. 98-1458-CIV-SEITZ Magistrate Judge Bandstra

DEFENDANT'S RESPONSE TO PLAINTIFF'S SECOND SET OF :NIERROGATORIES

Defendant, PACIFIC INTERNATIONAL EQCITIES, INC., by and through undersigned

counsel, and pursuant S.D. Fla. L.R. 26.1 and Fed. R. Civ. P. 33 hereby serves the following

responses to Plaintiffs Second Set ofInterrogatories.

Interrogatory 2-1 Please provide the complete factual basis for all Defendant's denials and a.ffinnalive defenses asserted or stated in Defendant's Answer and/or any other pleadings where Dcfcndmt asserts denials and affinnative defenses to this action including, but not limited to. the denials asserted concerning paragraph four, five, six, seven, eight, nine and ten of Plaintiff's Complaint and the six affirmative defenses asserted in Defendant's Answer.

ANS"'"ER:

Defendant objects to the definition of''factual basis'' as being overly burdensome, not reasonably

calculated to lead to the discovery ofadmissible evidence and on the grounds that the definition calls

for the production of a response that falls within the anorru:y work product doctrine. S.D. Fla. L.R.

App. AlV.A. (9). For instance, Plainti.frs request to state every conclusion or argument that tends

to indicate the truth of any answer or allegation appears to be a requi!St for infonna.Lion that comes

under tho work product doctrine. Defendant also co.at.e!lds that some of the infonnation requested

in this instruction, such as to stattt every facl, could be or has been obtained by Plaintiff through

61747_1

1
ALLiX1 NORTON It B'U,"S, '.A.
PIIWJFI!.SSIOIW. ASSOCIA'l101111

OV22/99 !&O.S 17:30 HI

ll]003

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 32 of 57

deposition testimony. See, Fed. R. Civ. P. 26 (b)(2)(i)-(iii); S D. Fla. L.R. App. A. IV. A. (8).

PariiliPh 4:

The named Defendant, Pacific International Equities l!lc. bas no employees

and therefore is not within the jurisdiction of Title VII. Southeastern Florida ~anagement Inc.

employedJoelle DeSimone Sambino, who is one of the charging parties nAmed in EEOC v. Pacific

International Eguities, Inc.• CASE NO.: 98·1458-CIV-SEITZ, during all timeframes relevant to that

ComplaiDt Southeastern Florida Properties Inc. is a wholly ow.ned s1.1bsidiaJy of Pacific

International Equities Inc.

Paragraph 5:

Defendant has no employees.

Paragraph 6:

Plaintiff failed to conciliate the charge of <liscrimination in good faith.

Plaintiff failed to conduct a Pro-Deterrn:ination Interview v,ith Defendant. in contravention of

Pla.inti:ff'.s procedures. Plaintiff's investigator specifically refused to proV1de the type of information

that would have been providod during a Pre-Determination lnteniew, or any information whatsoever

pertaining to the basis for Plaintiff's cause determination at any time and after being specifically

ordered to do so by Plaintiff's Deputy Director, Miami Office. Plaintiff also failed to conciliate on

behalf of similarly situated indi vidu.als.

Paragraph 7:

Defendant denies that it engaged in the unlawful practices alleged in the

Complaint because Defendant contends that these events did not occur for the reasons discussed

below.

Paragraph 7(a):

Defendant denies contends that Ms. Sambino was not ''regularly subjected to

wlgar language, abusive behavior and remarks of a personal nature" as is evidenced by the

testimony ofCamilo Blanco and the lack of documentary evidence pertaining to such an allegation.

As is evidenced by the testimony of Camilo Blanco, Defendant also contends that Ms. Sambino did

not mab any complaint(s) of such conduct known to her immediate supervisors.

Parafl!Ph 7(b):

Defendant contends that a filing cabinet was not thrown at :Ms. Sambino, as

is evidenced by the work log notes of Edith Ann White.

Paragraph 7(c):

Defendant contends that testimonial e\'idence as well as the lack of any

documentary evidence will show that Ms.. Sambino did not romplain about any acts of sexual

harassment and/or gender cliscrimination to Defendant's fom:er Senior Vice President and did not

complain of such to the managers who were harassing her. Defecdant contends that Ms. Sambino

was terminated by Camilo Blanco, who had no knowledge of any uch aUeged complaints.

Paragraph 8:

Defendant contends that testimonial as \vell as documentary evidence will

show that there are no acts that deprived Ms. Samb:ino ofemployment opportunities or that otherwise

adversely affected her status as an employee. There is no evidence that Ms. Sa."'llblno was subjected

to any adverse action with regard to this allegation.

61747_1

2
Ai...LJL'I. NOalOtlilc BL~r... P.A ~~ESS!OW.L ASSOCIAT:CN

0212 2' 99 ~0~ 17: Jl }"".U
Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 33 of 57

Paragraph 9:

Defendant contends that the acts alleged in paragraph 7 did not occur, based

on testimonial as well as documentary evidence.

Paragraph 10:

Defendant contend.c; that the acts alleged in ?atagraph 7 did not occur, based

on testimonial as well as documentary evidence.

Prayer for Relief: Defendant contends that the aJlegations contained in paragraph 7 did not occur for the reasons set forth in the foregoing. Therefore, Joelle Sambino and similarly situated individuals are not entitled to such relief.

Mfirmative Defenses:
1. Plaintiff has failed to join an indispensable pany to this lawsuit.

The named Defendant, Pacific International Equities Inc. has no employees and therefore is not within the jurisdiction of Title Vll. Southeastern Florida \ianagement Inc. employed Joelle DeSimone Sambino, who is one of the charging parties named in EEOC v. Pacific International &,uities, Inc., CASF KO.: 98-1458-CN-SEITZ, during all timeframes releva.ot to that Complaint. Southeastern Florida Properties Inc. is a wholly O\\'lled subsidiary of Pacific International Equities
Inc.

2. Plaintiff has failed to satisfy the conditions precedent to filing and 111aintaining any cause of action under Title Vll ofthe Civil Rights Act of 1964, as amended.

Plaintiff failed to conciliate the charge of discrimination in good faith. Plaintiff failed to conduct a Pre-Determination Interview with Defendant, in contravention of Plaintiff's procedures. Plaintiffs investigator specifically refused to provide the type of information that would have been provided during a Pre-Determination Interview, or any information a.·hatsoevcr pertaining Lu the basis for Plaintiffs cause determination at any time and after being specifically ordered to do so by Plaintiff's Deputy Director, Miami Office. Plaintiff also failed to conciliate on behalf of similarly situated individuals.
3. Plaintiffhas failed to mitigate any damages she may have suffered as a result ofthe allegations in the Complaint
Defendant's assertion in this regard is based on testimonial evidence of Joelle Samb1no as well as the lack of documentary evidence.
4. Plalntifrs claims are barred by waiver, estoppel and.-"orthe doctrine of unclean hands.

The actions of Plaintiff's that are mentioned with regard to Defendant's basis for asserting
that Plaintiff has failed to satisfy conditions precedent also sen:es as the basis for the fourth
affinnative defense.

61?47_1

3
AT,r,JC::i, ~OJUO!'C II ...LB. ~.A.
PRO~IONAL ASSOCIATIOtf

- -~. - • • ..., ... ... ~"""1.4
Case 1:98-cv-01458-AJ

Document 29

Entered on FLSD Docket 10/19/1999

{l]oos Page 34 of 57

5. Assuming arguendo that Plaintiff was terminated for the unlawful reasons alleged,
Plaintiff still would have been terminated in or about July 1996 for legjtimate, nondiscriminatory reasons.
Defendant's contention mthis regard is based on the testimonial evidence of Lima Gomes,
Jorge Cordoves and Camilo Blanco as well as docwnentary evidence showing that change orders
and timcsheets were not coiDpleted in a timely fashion.
6. Asswning arg11endo that Plaintiffand similarly situated individuals were subjected to unlawful harassment, Defendant cannot be held liable because Defendant exercised reasonable care to prevent and coiTCCt promptly any sexually huassing behavior aod (b) Plaintiff and similarly situated employees unreasonably failed to take advantage of any preventive or corrective opportunities provided by the c:mployer or to avoid harm otherwise.
Defendant's contention in this regard is based on testimonial evidence as well as the lack of documentary evidence that shows that Ms. Sambino unreasonably WJed to take advantage of preventive on corrective opportullities provided by the employer or to avoid harm otherwise.

6:747_1

4
AU..DI, :"'IOR.TO~ A BL~ P.A.
PP.OI'ISIIO~ ASSOCIATION

- - - • v""' ..u.v.. • .1. I • tJ &. r .'\A

~006

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 35 of 57

Respectfdly submitted,
~.Costa!es
Florida Bar No. 948829
Peter L. Sampo
Florida BarNo. 077344
ALLE~, XORTOJ\ & BLl}E, P.A.
121 Majorca, Suite 300 Coral Gables. FL 33134
Tel: (305) 445-7801 Fax: (305) 442-1578

CERTmCATE OF SERVICE

I HEREBY CERTIFY that a tn:e and correct copy of the foregoing was served by

t~~day facsimile, on

ofFebrua.""Y. 1999 upon:

Gcdety K. Serralta.. Senior Trial Attorney Equal Employment Opportunity Commis!rion
Miami District Office One Biscayne Tower 2 South Biscayne Boulevard Suite 2700
Miami, Florida 33131

. Attomev

61747_1

6
4l.U", ~OR'TO~ le liLa, P.A.
~ASSOQATJON

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 36 of 57 1

1

UNITED STATES DISTR.Icr COURT

SOUI'HERN DISTRICT OF FLORIDA

2

MIAMI DIVISION

3

CASE NO: 98-1458-CIV-SEITZ

4

EQUAL EMPLOYMENT OPPORTUNITY )

5 COMMISSION,

}

)

6

Plaintiff,

}

7 vs.

)~ C@"

8 PACIFIC INTERNATIONAL

)

EQUITIES, INC. ,

}

9

)

10 ______________D_e_f_e_n_d_a_n_t._____})

11

12

2 S. Biscayne Blvd.

13

Miami, Florida

February 18, 1995

14

9:00 a.m.

15

16

17

DEPOSITION OF CAMILO BLANCO

18

19

Taken before Pearlyck Valiente, Shorthand Reporter

20 and Nota:ry Public in and for the State of Florida at large,

21 pursuant to Notice of Taking Deposition filed in the above

22 cause.

23

24

25

MIRIAM G. FISHER REPORTING SERVICES, INC. 7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 37 of 57
6

1

Q. Okay. Do you recall any of those documents

2 specifically?

3

A. 'That batch there (indicating) . I don' t have the

4 other ones, I don't remember what they were.

5

Q. That batch there (indicating)?

6

A. Yes.

7

Q. Did you bring documents with you today to this

8 deposition?

9

A. No.

10

Q. Okay. Could I review the cloct.Drents you pointed at?

11

MR. COSTALES: To make it easy for you, can I

12

say that the batch is our response to your request

13

for production Bate Stamped 55 to, it's about,

14

153.

15

MS. SERRALTA: Okay. Okay. It looked like

16

that. Okay.

17 BY MS. SERRALTA:

18

Q. Other than this stack of documents that has been

19 identified, do you recall reviewing anything else in

20 preparing for the deposition today?

21

A. Nothing specific other than the doa.nnents that went

22 back and forth bet-ween you lawyers.

23

Q. Okay. Mr. Blanco, where are you currently

24 employed?

25

A. Southeastern Florida Management.

MIRIAM G. FISHER REPORTING SERVICES, INC.
7730 s.w. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 38 of 57
7

1

Q. And what position do you hold with Southeastern

2 Florida Management?

3

A. Vice president.

4

Q. How long have you held this position as vice

5 president for Southeastern Florida Management?

6

A. Probably about -- I'll say about-- I would say

7 roughly around 15 years.

8

Q. Does Southeastern Florida Management go by any

9 other name?

10

A. No.

11

Q. Have you heard of an entity called Pacific

12 International Equities?

13

A. Yes.

14

Q. Can you tell me -- or actually, let me backtrack

15 just for the sake of the record here today. can I refer to

16 Pacific International Equities as Pacific?

17

A. Yes.

18

Q. How is it that you know about this entity, Pacific?

19

A. That' s the holding company.

20

Q. For?

21

A. For all the subsidiaries that do work in this area.

22

Q. For whose subsidiaries?

23

A. Pacific.

24

Q. Is there a relationship between Southeastern

25 Florida Management and Pacific?

MIRIAM G. FISHER REPORTING SERVICES, INC.
7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 39 of 57 8

1

A. Not directly, but indirectly.

2

Q. Sorry?

3

A. Not directory, but there is indirectly a

4 relationship.

5

Q. Okay. Could you describe for me your understanding

6 of their relationship as you've described it, I think you

7 called it an indirect relationship?

8

A. Yes. Southeastem Florida ManagenEnt is the wholly

9 owned subsidiary of Southeastern Florida Properties and

10 Southeastem Florida Properties is the wholly owned

11 subsidiary of Pacific International Equities.

12

Q. Okay. So Southeastern Florida Management is the

13 wholly owned subsidiary of Pacific?

14

A. No. Southeastem who?

15

Q. Southeastern Florida Management, Incorporated.

16

A. Yes.

17

Q. Is the wholly own subsidiary of?

18

A. Southeastern Florida Properties, Incorporated.

19

Q. Okay. And Pacific is what?

20

A. Is the parent of Southeastern Florida Properties.

21

Q. Okay. I'm just leafing through some of these

22 documents that you testified earlier that you reviewed in

23 preparing for your deposition today, right? Okay.

24

A. Yes.

25

Q. And just in looking through them, I just picked one

MIRIAM G. FISHER REPORTING SERVICES, INC.
7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 40 of 57 9

1 out and it appears that it' s sC>l'te dOC'ln1leilt which contains

2 your signature. I'm going to ask you to look at it for a

3 second and identify it. Let me just -- I'm not going to mark

4 it right now, but I just want to get some clarification. You

5 see this document?

6

MR. COSTALES: What's the bate number?

7

MS. SERRALTh: Bate Stanp Number 071.

8 BY MS. SERRALTA:

9

Q. What is this document, first of all?

10

A. It's a change order.

11

Q. Okay. And is your signature contained in this

12 doctnnent?

13

A. Yes.

14

Q. Okay. And is it contained under or as an agent for

15 some entity?

16

A. Yes.

17

Q. What is the entity that you are signing for?

18

A. There are two entities.

19

Q. Okay.

20

A. Pacific International Construction, Inc. and Yacht

21 Club Southeastern, Inc.

22

Q. You signed for both of them?

23

A. Right.

24

Q. When you signed this document -- well, I'm sony,

25 let me backtrack.

MIRIAM G. FISHER REPORTING SERVICES, INC.
7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 41 of 57 10

1

When did you sign this docwnent, according to this

2 document?

3

A. Doesn't have a date, but I would say somewhere in

4 the end or middle -- end of December of 1996.

5

Q. Okay. Where were you employed at that time?

6

A. Same place I'm employed now.

7

Q. That's Southeastern?

8

A. Florida Management.

9

Q. Okay. So when you are signing this document that's

10 Bate Stamped 00 -- it's got four zeros and then 71.

11

A. Five zeros, 71.

12

Q. I see four.

13

MR. COS'rnLES: That's five. Let's just forget

14

the zeros.

15

THE WITNESS: It's five.

16

MS. SERRALTA: For the record I count 0000 --

17

you are right -- 071.

18 BY MS. SERRALTA:

19

Q. When you signed this document, on whose behalf were

20 you signing?

21

A. I'm signing on behalf of those two companies.

22

Q. Pacific International Construction, Incorporated

23 and Yacht Club Southeastern, Incorporated?

24

A. That's right.

25

Q. Are they in any fashion -- sorry, let me rephrase

MIRIAM G. FISHER REPORTING SERVICES, INC. 7730 S.W. 52nd Court, Miami, Florida {305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 42 of 57
11

1 that.

2

How is it that you are able to sign for those

3 entities when you are working for Southeastem Florida

4 Management?

5

A. Because these two coopanies are part of a group of

6 companies associated with Pacific International Equities and

7 I am an officer on both companies.

8

Q. In which companies?

9

A. In these two companies, Pacific International

10 Construction, Inc. , and Yacht Club Southeastem, Inc.

11

Q. Are you also an officer as Pacific International

12 Equities, Incorporated?

13

A. I am.

14

Q. What is your position at Pacific International

15 Equities, Incorporated?

16

A. I'm a vice president.

17

Q. And how long have you held the position of vice

18 president at Pacific International Equities, Incorporated?

19

A. I would say about 15 years, I don' t know.

20

Q. Is it fair to state that when you said earlier that

21 you were currently employed at Southeastern Florida

22 Management that you are also employed at Pacific

23 International Equities, Incorporated?

24

A. No.

25

Q. Okay. But -- okay. Is it fair to state, though,

MIRIAM G. FISHER REPORTING SERVICES, INC. 7730 S.W. 52nd Court, Miami, Florida {305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 43 of 57 12

1 that since the time that you've been employed at Southeastem

2 Florida Management, that you've not only been a vice

3 president there at Southeastern Florida Management, but

4 you've also been a vice president at Pacific during that same

5 period of time?

6

MR.. COSTALES: Can you repeat that question?

7 BY MS. SERRALTA:

8

Q. Did you understand it?

9

A. You said since I am employed

10

Q. Okay.

11

A. -- at Southeastern Florida Management?

12

Q. You want me to have it read back?

13

A. Yes.

14

('lbereupon the referred to question was

15

read back by the reporter as alx>ve recorded. )

16

THE WI'INESS: That' s not correct.

17 BY MS. SERRALTA:

18

Q. Okay. Tell me why it's not correct.

19

A. First of all, I was originally employed by

20 Southeastern Florida Properties, and for years I worked there

21 without being a president -- a vice president. 'lben my

22 employment was changed to Southeastern Florida Management.

23

Q. Okay.

24

A. I don't remember the date it was changed, but I

25 haven't been a vice president for the full time I worked with

MIRIAM G. FISHER REPORTING SERVICES, INC.
7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 44 of 57
13

1 the coopany.

2

Q. Okay. Let me see if I can nnderstand it. Okay,

3 I'm going to go at it until you help rre tmderstand it. But

4 you testified earlier, and correct tre if I'm wrong, that

5 you've been a vice president at Southeastern Florida

6 Management for approximately 15 years; is that right?

7

A. I don't remember exactly when Southeastern Florida

8 Management came into existence.

9

Q. Okay.

10

A. But I've been a vice president in this job, in this

11 employment, for about 15 years. I believe when I became a

12 vice president I was still working for Southeastern Florida

13 Properties.

14

Q. Okay. When you testified earlier that you had been

15 a vice president at Pacific for approximately 15 years --

16

A. Right.

17

Q. -- I guess I want you to explain where were you

18 working other than at Pacific when you became vice president

19 at Pacific.

20

A. I was working with Southeastern Florida Properties.

21

Q. And when you testified earlier then you went from

22 working with Southeastern Florida Properties to then working

23 with Southeastern Florida Management, who made that decision

24 to have you work with a different, I guess, entity?

25

A. Well, there was a reorganization at the time and

MIRIAM G. FISHER REPORTING SERVICES, INC.
7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 45 of 57
14

1 Southeastern Florida Management was created to manage the

2 affairs of all the related companies, and all the employees

3 of the different companies were transferred to Southeastern

4 Florida Management. 1bat's the only entity that's got any

5 employees among all the related companies.

6

Q. Correct me if I' rn wrong, but did you testify

7 earlier that the parent company of Southeastern Florida

8 Properties is Pacific?

9

A. That's correct.

10

Q. When you were working at South (sic) Florida

11 Properties, Incorporated before you became a vice president,

12 what position did you hold?

13

A. I was the comptroller.

14

Q. And prior to that did you hold any position with

15 South Florida Properties, Incorporated or South Florida

16 Southeastern Florida Management or Pacific?

17

A. Southeastern Florida Management did not exist at

18 that time.

19

Q. Okay.

20

A. I was a comptroller for all the related companies.

21

Q. Okay. Prior to the time that you were comptroller

22 for South Florida Properties, Incorporated, did you hold any

23 other position with South Florida Properties, Incorporated or

24 Pacific?

25

A. Yes, I worked -- the first two, three years I

MIRIAM G. FISHER REPORTING SERVICES, INC.
7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 46 of 57 15

1 worked there I worked as director of accounting for the

2 companies.

3

Q. For who?

4

A. For the companies.

5

Q. Which companies?

6

A. All the related companies.

7

Q. When you say all the related companies, are you

8 talking about other companies other than the three we've

9 already mentioned?

10

A. Tile three, plus those two, plus other subsidiaries.

11

Q. Why don't we, to the best of your recollection,

12 just try to enumerate what those companies are?

13

A. Sure. Jason Pacific Properties of Georgia; Alpine

14 Forest Park, Inc.; Biscayne Coast Southeastern, Inc.; Three

15 Island Southeastern, Inc.; Plaza de Americas, I don't

16 remember the exact title; Yacht Club Southeastern, Inc. I

17 already mentioned; L'excellenc Southeastern, Inc.; La Rive

18 Gaude Southeastern, Inc.; Sterling Southeastern, Inc.; La

19 Gore Palace, Inc. I don't know if there's anymore.

20

Q. Okay.

21

A. That's what I can remember. And, of course, Yacht

22 Club Southeastern and Pacific International Construction.

23

Q. And also Pacific International Equities?

24

A. Yes.

25

Q. And South Florida Properties, Incorporated?

MIRIAM G. FISHER REPORTING SERVICES, INC. 7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 47 of 57 16

1

A. Southeastern Florida --

2

Q. Southeastern Florida.

3

A. -- Properties, Incorporated.

4

Q. Right. At that time Southeastern Management

5 Florida Management did not exist?

6

A. That' s correct.

7

Q. Good, I'm understanding sane of this.

8

Prior to the position of director of accormting for

9 all those companies that you've en\.lll'erated, to the best of

10 your recollection, did you hold any other position with any

11 of those companies?

12

A. No.

13

Q. Okay. In te:rms of your getting first this job of

14 director of accounting and subsequently the comptroller

15 position at Southeastern Florida Properties, Incorporated,

16 and then eventually the vice president position that you've

17 held to the present, was there a person that in each one of

18 those positions hired you for those positions?

19

A. Yes. I was originally hired by David Howels.

20

Q. David Howard (sic)?

21

A. Howels.

22

Q. can you spell that?

23

A. H-o-w-e-1-s.

24

Q. Okay. So he hired you for the director of

25 accounting position?

MIRIAM G. FISHER REPORTING SERVICES, INC. 7730 S.W. 52nd Court, Miarrd, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 48 of 57
17

1

A. Right.

2

Q. Okay. And who was he?

3

A. He was a vice president.

4

Q. Of?

5

A. I believe at the time was Southeastern Florida

6 Properties.

7

Q. What about the position as comptroller of

8 Southeastern Florida Properties, Incorporated, how did you

9 get that position?

10

A. Mr. Howels left the company, after that I got that

11 position.

12

Q. Did someone select you for that position?

13

A. Yes, I believe Howard Shapiro.

14

Q. Who is Howard Shapiro?

15

A. Senior vice -- he was senior vice president of the

16 company.

17

Q. Which cCillpiDies?

18

A. All of them.

19

Q. All of the ones that you've mentioned today?

20

A. Right.

21

Q. Is that right?

22

A. That's right.

23

Q. Correct me if I'm wrong, but after your position as

24 comptroller, that' s when you became vice president; is that

25 right?

MIRIAM G. FISHER REPORTING SERVICES, INC. 7730 S.W. 52nd Court, Miami, Florida {305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 49 of 57 18

1

A. That's correct. I still remained as comptroller

2 also.

3

Q. Okay. I'm just trying to get like a chronology

4 here. So the position that you subsequently held after you

5 were first comptroller at Southeastern Florida Properties,

6 Incorporated was the vice president position; is that right?

7

A. That's correct.

8

Q. And you think now that that was at Southeastem

9 Florida Properties, Incorporated?

10

A. I didn't understand what you asked.

11

Q. Where were you working at when you first became

12 vice president?

13

A. Southeastem Florida Properties, Incorporated.

14

Q. And who hired you for the vice president's

15 position?

16

A. Never changed. I told you, I was made vice

17 president by, I believe, Howard Shapiro.

18

Q. Okay. And then when the enployees were transferred

19 to Southeastern Florida l't1anagement, Incorporated, did Mr.

20 Shapiro also make that decision?

21

A. I guess so.

22

Q. You don' t know?

23

A. No, I'm not sure. It's been a long time ago.

24

Q. Did you testify earlier, and correct me if I'm

25 wrong, that the comptroller position that you also obtained

MIRIAM G. FISHER REPORTIN3 SERVICES, INC.
7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 50 of 57 19

1 at Southeastern Florida Properties, Incorporated was a

2 position for which Howard Shapiro hired you?

3

A. That's correct. Howard Shapiro has been my ross

4 for most of the time I've worked there.

5

Q. So for at least -- for more than 15 years, I guess?

6

A. Yeah.

7

Q. Okay. I'm trying to just -- to the best of your

8 recollection just give me some time frame. When

9 approximately did you become director of acconnting?

10

A. To tell you the truth, I don't remember whether it

11 was late '79 or early '80. It's been about 20 years ago.

12 I've been 20 years with the conpany.

13

Q. And then you've already testified you've been a

14 vice president for approximately the last 15 years?

15

A. Approximately 15 years.

16

Q. In your J:X)Sition as vice president for roth

17 Southeastern Florida Management, Incorporated and Pacific, to

18 the best of your knowledge, can you tell me what are your --

19 what have been your duties and responsibilities?

20

A. Oversee a lot of different projects and different

21 phases of the business of the canpanies; rentals,

22 construction, whatever.

23

Q. Anything else?

24

A. No, I don't think so.

25

Q. When you say oversee projects and the business of

·,

MIRIAM G. FISHER REPORTING SERVICES, INC. 7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 51 of 57 20

1 the canpanies, you are referring to Southeaste:rn Florida

2 Management and Pacific; is that right?

3

A. And subsidiaries, all related companies.

4

Q. When you say subsidiaries or the related canpanies,

5 are those

6

A. The ones you asked me to mention before.

7

Q. The ones you've already mentioned?

8

A. Correct.

9

Q. When you say that you oversee the projects in the

10 business of Southeastern Florida Management and Pacific and

11 the other canpanies that you've mentioned, what exactly is it

12 that you do when you oversee these projects and the business,

13 as you've testified?

14

A. Well, I had the responsibility for overseeing -- we

15 had rentals, the rental operations with the management

16 properties; when we were building buildings, the

17 administration and management of the construction was being

18 done the proper way. I spent a lot of time visiting in

19 projects.

20

Q. You spent a lot of time --

21

A. Visiting.

22

Q. Projects?

23

A. Projects. Later on I spent a lot of time -- last

24 10 years I spent probably 70 percent of my time at the

25 projects, it's about '90 to now.

MIRIAM G. FISHER REPORTING SERVICES, INC.
7730 S.W. 52nd Court, MiarrU, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 52 of 57
21

1

Q. When you say the projects, what exactly are you

2 referring to?

3

A. I'm referring to projects that we built in the

4 Miami area during that period of time.

5

Q. And typically what would those projects be?

6

A. Typically would be high-rise buildings,

7 condominiums.

8

Q. Throughout the past 15 years or so that you've been

9 vice president at both Southeastern Florida Management,

10 Incorporated and at Pacific, who have you reported to?

11

A. Howard Shapiro, except for the last probably year

12 and-a-half, two years, when I reported to Mr. Charles Bedzow.

13

Q. You say except for the past year?

14

A. Year and-a-half or two years.

15

Q. Tilese past two years or so?

16

A. Correct.

17

Q. Can you spell Charles' last name?

18

A. Bed and -- B-e-d-z-o-w.

19

Q. And why is it that for the past year or two years

20 you've been reporting to Charles Bedzow instead --

21

A. Mr. Howard Shapiro left the carpany, I believe,

22 somewhere around May or June of 1997.

23

Q. So what position does Charles Bedzow hold?

24

A. President.

25

Q. President of what?

MIRIAM G. FISHER REPORTING SERVICES, INC.
7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 53 of 57 22

1

A. All the companies including Pacific and

2 Southeastern Florida Management and all the other companies.

3

Q. Do you remember Joelle de Sinone Sambrino?

4

A. Yes.

5

Q. Who was she or who is she?

6

A. She was the secretary in a project called Sunset

7 Harbor Townhomes.

8

Q. And how do you know that?

9

A. Because I was familiar with all the projects, and I

10 visited the projects m:my times during the construction

11 period.

12

Q. Okay. Were you located at that project, the Srmset

13 Harbor Townhomes?

14

A. No, I was not.

15

Q. Were you located there at any point in time?

16

A. Yes, I've been located temporarily there for a

17 short period of time, between about mid 1976 '96, I mean.

18 76? 1996 to about October or November of 1996, about three

19 m:>nths.

20

Q. Do you know approximately the time frame that

21 Joelle De Sim:>ne Sambrino was -- sony, let me backtrack.

22

Who was Joelle De Sinone Sambrino employed with?

23

A. Southeastern Florida Management.

24

Q. Was she also employed with Pacific International

25 Equities, Incorporated?

MIRIAM G. FISHER REPORTING SERVICES, INC.
7730 S.W. 52nd Court, Miami, Florida (305)663-9833

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 54 of 57 23

1

A. No, there's no employees in Pacific International,

2 never had any employees.

3

Q. Okay. But it is Pacific International Equities you

4 are saying is the parent company of Southeastern Florida

5 Properties, Incorporated?

6

A. Correct.

7

Q. Okay. And, of course, no one was at Southeastern

8 Florida Properties, Incorporated because they are all working

9 at Southeastern Florida Management, Incorporated, according

10 to your testim:my; is that right?

11

A. That' s correct .

12

Q. Do you have any personal knowledge of the time

13 frame of when Joelle De Sinune Sambrino was working for the

14 same employer where you were working at?

15

A. Southeastern Florida Management. Approximately --

16 I couldn't give you dates without looking at the documents,

17 principally since I was not in the field and I don't know

18 when she started working at this project.

19

Q. Okay.

20

A. But I Jmow I started -- I know she worked part-time

21 there for quite a while and then worked full-time at that

22 project. And I generally get involved in the projects when

23 they are getting close to the finish of the project, which

24 one of my responsibility is to make sure the units get

25 finished, meet the owners and close the units.

MIRIAM G. FISHER REPORTING SERVICES, INC. 7730 S.W. 52nd Court, Miami, Florida (305}663-9833

:!t>U 14tJ /-bUl;j

).1 J. f J.

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 55 of 57

***********************************************************************~
ATTN STACY
***********************************************************************~

3/09/99

CORPORATE DETAIL RECORD SCREEN

11:

NUM: 682032

ST:FL ACTIVE/FL PROFIT

FLO: 07/31/1980

LAST: NAME CHANGE AMENDMENT

FLO: 08/29/1980

FEll: 59-2017913

NAME

PACIFIC INTERNATIONAL EQUITIES, INC.

NB: 1

PRINCIPAL: 11098 BISCAYNE BLVD.

CHANGED: 07/~

ADDRESS SUITE 402

N MIAMI, FL 33161

RA NAME BEDZOW, MICHAEL

RA ADDR 20803 BISCAYNE BLVD

ADDR CBG: 04/~

SUITE 200

AVENTURA, FL 33180 US

ANN REP

(1996) B 07/11/96

(1997) I 05/15/91

(1998) B 04/21/S

3/09/99
CORP NUMBER: TITLE: PTD
TITLE: VSD
TITLE: VAS

682032
NAME:
NAME:
NAME:

OFFICER/DIRECTOR DETAIL SCREEN

11:

CORP NAME: PACIFIC INTERNATIONAL EQUITIES, u:

BEDZOW, CHARLES

11098 BISCAYNE BLVD 1402

N. MIAMI, FL 33161

BEDZOW, SARA

11098 BISCAYNE BLVD 1402

N. MIAM!, FL 33161

BLANCO, CAMILO

11098 BISCAYNE BLVD 1402

MIAMI, FL 33161

----- THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLIC~

IOU I 'tO t-OUl."

lJ.l .'J.

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 56 of 57

*****************************•**************************•********************"
ATTN STACY
**************************************************************•***************

3/09/99

CORPORATE DETAIL RECORD SCREEN

11:05 AM

NUM: 407129

ST:FL ACTIVE/FL PROFIT

FLD: 06/18/1972

LAST: EVENT CONVERTED TO NOTES

FLD: 08/31/1989

FEII: 59-1419633

NAME

SOUTHEASTERN FLORIDA PROPERTIES, INC.

PRINCIPAL: 11098 BISCAYNE BLVD., SUITE #402

CHANGED: 07/20/88

ADDRESS N MIAMI BCB, FL 33161-7489

RA NAME BEDZOW, MICHAEL, ESQ.

RA ADDR 20803 BISCAYNE BLVD

ADDR CBG: 04/20/93

SUITE 200

AVENTURA, FL 33180 US

ANN REP

(1996) B 07/17/96

(1997) I 05/15/9?

{1998) B 04/21/98

3/09/99 CORP NUMBER:
TITLE: PTD
TITLE: SVD
TITLE: VAS

407129
NAME:
NAME:
NAME:

OFFICER/DIRECTOR DETAIL SCREEN

11:

CORP NAME: SOUTHEASTERN FLORIDA PROPERTIES, l

BEDZOW I CHARLES

11098 BISCAYNE BLVD 1402

N. MIAMI, FL 33161

BEDZOW, SARA

11098 BISCAYNE BLVD 1402

N. MIAMI, FL 33161

BLANCO, CAMILO

11098 BISCAYNE BLVD 1402

MIAMI, FL 33161

----- THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLIC~

·50) 487-6013

03/09/99 10:49 fl Dept of State

pl /l

Case 1:98-cv-01458-AJ Document 29 Entered on FLSD Docket 10/19/1999 Page 57 of 57

*****************************************************************************•

*****************************************************************************~

3/09/99

CORPORATE DETAIL RECORD SCREEN

10:52 AM

NUM: L94586

ST:FL ACTIVE/FL PROFIT

FLO: 08/20/1990

FEII: 65-0215936

NAME

SOUTHEASTERN FLORIDA MANAGEMENT, INC.

PRINCIPAL: 11098 BISCAYNE BOULEVARD

ADDRESS SUITE 402

MIAMI, FL 33161

RA NAME BEDZOW, MICHAEL

NAME CHG: 09/05/90

RA ADDR 20803 BISCAYNE BLVD

ADDR CBG: 04/20/93

SUITE 200

AVENTURA, FL 33180 US

ANN REP

(1996) B 07/17/96

(1997) I 05/15/97

(1998) B 04/21/98

3/09/99

OFFICER/DIRECTOR DETAIL SCREEN

10:52 AM

CORP NUMBER: L94586

CORP NAME: SOUTHEASTERN FLORIDA MANAGEMENT, INC.

TITLE: PTD

NAME: BEDZOW I CHARLES

11098 BISCAYNE BLVD 1402

MIAMI, FL 33161

TITLE: VSD

NAME: BEDZOW, SARA

11098 BISCAYNE BLVD 1402

MIAMI, FL 33161

TITLE: VAS

NAME: BLANCO, CAMILO

11098 BISCAYNE BLVD 1402

MIAMI, FL 33161

----- THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ----

 
 Case 1:98-cv-01458-AJ Document 70 Entered on FLSD Docket 04/11/2000 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

CASE NO. 98-1458-CIV-JORDAN

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

Plaintiff

) )

vs.

)

) PACIFIC INTERNATIONAL EQUITIES, INC., )

SOUTHEASTERN FLORIDA PROPERTIES,

INC., and SOUTHEASTERN FLORIDA MANAGEMENT, INC.

) )

)

Defendants

)

FILED b~ o_.,_
APR f 0 2000
CLARENCE MADDOX CLERK U.S. DIST. CT. S.D. OF FLA. · MIAMI

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

ORDER ON MOTIONS FOR SUMMARYJUDGMENT

The Equal Employment Opportunity Commission sues defendants Pacific International

Equities, Inc., Southeastern Florida Properties, Inc., and Southeastern Florida Management, Inc.,

under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and§ 102

of the Civil Rights Act of 1991, 42 U.S.C. § 1981 A. The EEOC's complaint brings a single count

of discrimination under theories of sexual harassment, hostile work environment, and retaliatory

discharge. The EEOC seeks a permanent injunction against defendants prohibiting future violations

of the civil rights laws, see Amended Complaint [D.E. 29] ~~ A-C at 17-18 (Oct. 15, I999),

requiring that defendants institute remedial policies, see id. ~~ D-F at 18, back pay and other

compensatory damages, see id. ~~ G-0 at 18-20, and punitive damages, see id. ~~ P-R at 20--21.

Facts

The defendants are in the construction industry and are under common control. See Answer

to Amended Complaint [D.E. 30] ,,~ 11-13 at 2 (Nov. 8, 1999). Joelle DeSimone Sambino began

working as a secretary for Southeastern Florida Management in May of 1995. The EEOC alleges that

Ms. DeSimone Sambino was sexually harassed by managers between November 1, 1995, and July

24, 1996, when she was fired. See id. at 13-17; Charge of Discrimination (Exhibit I to Amended

Complaint). It also alleges that other similarly situated women were sexually harassed.

Case 1:98-cv-01458-AJ Document 70 Entered on FLSD Docket 04/11/2000 Page 2 of 4
Motions and Issues The EEOC moves for summary judgment on conciliation, arguing that no issue of fact exists as to whether the EEOC discharged its duty to resolve this dispute without litigation. See Plaintiffs Motion for Partial Summary Judgment [D.E. 36] at I (Jan. 14, 2000). The defendants move for summary judgment on the EEOC's claims as they relate to Ms. DeSimone Sambino herself on the grounds that: (i) she was not treated differently because ofher gender, (ii) her allegations are insufficient to state a claim for hostile work environment, and (iii) she was not fired for complaining about sexual harassment. See Defendants' Motion for Summary Judgment [D.E. 32] ~~ 6-9 at 2 (Jan. 14, 2000). The defendants also move for summary judgment on the EEOC's claims as they relate to women similarly situated to Ms. DeSimone Sambino. They argue that no such women have been identified, that the EEOC knows of no such women, and that the EEOC took no steps to conciliate the claims of any such women. In support oftheir various arguments, both parties in this case have filed, among other things, letters exchanged between their counsel. Such letters are not evidence and are not to be filed. See Local Rule 7. 7. The Court has therefore disregarded them.
Conciliation of Ms. DeSimone Sambino's Claims The EEOC is required to conciliate claims, i.e. to attempt to resolve them informally, prior to bringing a lawsuit. See 42 U.S.C. § 2000e-5(b). In determining whether the EEOC has fulfilled this duty, the fundamental question is the reasonableness and responsiveness of the EEOC's conduct under all of the circumstances. The EEOC has fulfilled its statutory duty to attempt conciliation if it outlines to the employer the reasonable cause for its belief that Title VII has been violated, offers an opportunity for voluntary compliance, and responds in a reasonable and flexible manner to the reasonable attitudes of the employer. EEOC v. Klingler Elec. Corp., 636 F.2d 104, 107 (5th Cir. Unit A Feb. 5, 1981) (per curiam): Accord EEOCv. Johnson & Higgins, Inc., 91 F.3d 1529, 1534 (2d Cir. 1996). Ifthe EEOC has made
·All cases decided by the former Fifth Circuit before October 1, 1981, and those cases decided after that date by Unit B of the former Fifth Circuit are binding precedent in the Eleventh Circuit. See Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en bane); Stein v. Reynolds Securities, Inc., 667 F.2d 33, 34 (11th Cir. 1982).
2

Case 1:98-cv-01458-AJ Document 70 Entered on FLSD Docket 04/11/2000 Page 3 of 4
absolutely no attempt to conciliate a claim prior to bringing suit or there is evidence ofbad faith, the action should be dismissed; if its conciliation efforts were abbreviated, the suit should be stayed. See Klinger Elec., 636 F.2d at 107; EEOC v. Die Fliedermaus, L.L.C., 77 F.Supp.2d 460, 466-67 (S.D.N.Y. 1999).
The defendants do not claim that the EEOC made no attempt to conciliate Ms. DeSimone Sambino's claims. Rather, they oppose the EEOC's motion for partial summary judgment because they allege that the EEOC did not disclose enough information, specifically the identity of the alleged perpetrator ofsexual harassment, during the conciliation process. They do not state how such information might have obviated this litigation. While the defendants claim that the EEOC did not strictly adhere to its policy manual on conciliation, there is no allegation of bad faith. Thus, neither dismissal nor summary judgment are appropriate, even if the defendants' allegations are true.
The question, then, is whether there is any need to stay this case to allow further efforts at conci Jiation. There is every indication that a stay would be fruitless. The parties recently participated in mediation pursuant to Local Rule 16.2. By then, they had engaged in discovery and the alleged perpetrator's identity had been disclosed. That mediation ended in an impasse. See Final Report of Mediation [D.E. 49] (Feb. 9, 2000).
The Court makes no finding as to whether the EEOC's effort to conciliate Ms. DeSimone Sambino's claims were deficient in the respects alleged. Such findings are not necessary at this late stage in the case. At this point, because there is no allegation or evidence of any bad faith and because the parties have now had ample opportunity to resolve this claim, the conciliation requirement has been met. The EEOC's motion for partial summary judgment is therefore granted with respect to Ms. DeSimone Sambino's claims.
Ms. DeSimone Sambino's Claims There are genuine issues of material fact precluding summary judgment on Ms. DeSimone Sambino's claims. Specifically, there is conflicting evidence as to whether a hostile work environment existed and whether Ms. DeSimone Sambino was fired for complaining about sexual harassment. For example, while there is some agreement as to the fact that Mr. Cordovez threw things at Ms. DeSimone Sambino, there is conflicting evidence as to whether he was motivated to do so because of her gender or whether he treated everyone that way. See Defendant's Motion for
3

Case 1:98-cv-01458-AJ Document 70 Entered on FLSD Docket 04/11/2000 Page 4 of 4

Summary Judgment at 5-7. Similarly, there is sufficient evidence to raise a jury question as to

whether Mr. Cordovez's allegedly crude behavior and explicit comments created a hostile work

environment. See id. at 9-10. The jury must also weigh the conflicting evidence and determine

whether Ms. DeSimone Sambino was fired for complaining about sexual harassment or for some

other reason.

Unidentified Similarly Situated Women

As to the similarly situated women on whose behalfthe EEOC seeks to proceed, the Court

grants summary judgment in favor ofthe defendants on any such claim. The EEOC has not disputed

that it made no attempt to conciliate any claims on behalf of women similarly situated to Ms.

DeSimone Sambino and that it has not identified any such women. The defendants correctly note that

the proposed conciliation agreements prepared by the EEOC made no mention of similarly situated

women. Rather, only Ms. DeSimone Sambino was identified as a charging party. See Defendants'

Response to Plaintiffs Motion for Partial Summary Judgment [D.E. 50), Exhibit 6 (Feb. 10, 2000).

The EEOC agrees that it has failed to pursue any claims relating to similarly situated women.

Relief

The EEOC's motion for partial summary judgment [D.E. 36) is GRANTED with respect to

the conciliation ofMs. DeSimone Sambino's claims. The defendants' motion for summaryjudgment

[D.E. 32] is GRANTED with respect to any and all claims relating to similarly situated women.

1trll DONE and ORDERED in chambers in Miami, Florida, this

day of April, 2000.

Copies to:

Adalberto dan United States District Judge
Peter L. Sampo, Esq. (Fax: 305-442-1578) Gedety N. Serralta, Esq. (Fax: 305-530-7660)

4

 
 Case 1:98-cv-01458-AJ Document 82 Entered on FLSD Docket 04/19/2000 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 98-1458-CIV-JORDAN

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

Plaintiff

)

)

vs.

)

PACIFIC INTERNATIONAL EQUITIES, INC., )

SOUTHEASTERN FLORIDA PROPERTIES, INC., and SOUTHEASTERN FLORIDA

) ) )

MANAGEMENT, INC.

)

__________D_ef_e_nd_a_nt_s _______________

)
)

ORDER ON MOTION FOR JUDGMENT AS A MATTER OF LAW The Equal Employment Opportunity Commission sues defendants Pacific International Equities, Inc., Southeastern Florida Properties, Inc., and Southeastern Florida Management, Inc., under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and § 102 ofthe Civil Rights Act of 1991, 42 U.S.C. § 1981. The EEOC's complaint brings a single count of discrimination on the basis of gender under theories of disparate treatment, hostile work environment, and retaliatory discharge. Trial of this matter began April 11, 2000. The parties have rested and the jury will begin its deliberations today. The defendants move for judgment as a matter of law on the EEOC's disparate treatment theory on the ground that no adverse employment action was proven or alleged. See Memorandum of Law in Support of Defendants' Rule 50(a) Motion [D.E. 77] (April 14, 2000). At trial, Ms. Sambino testified that Jorge Cordovez threw a filing cabinet, a telephone, and a set of keys at her, and the EEOC contends that Mr. Cordovez's actions constitute gender discrimination which is distinct and separate from the hostile work environment claim. The EEOC insists that Ms. Sambino was subjected to "constant unwelcome sexual advances and abusive verbal and physical behavior ... which was severe and pervasive enough that it altered Ms. Sambino's terms and conditions of employment and created an abusive working environment." Plaintiffs Response to Defendant's

Case 1:98-cv-01458-AJ Document 82 Entered on FLSD Docket 04/19/2000 Page 2 of 3
Motion for Judgment as a MatterofLaw at 6 (April17, 2000). The EEOC, however, fails to identify any tangible employment action that would support its disparate treatment theory.
Title VII makes it unlawful to discriminate on the basis of gender. See 42 U.S.C. § 2000e2(a)(l ). "Title VII is not limited to 'economic' or 'tangible' discrimination." Meritor Savings Bank v. Vinson, 477 U.S. 57,64 (1986). Thus, gender discrimination can be proven under various theories.
Where there is no economic or tangible hann, "a plaintiff may establish a violation of Title VII by proving that discrimination based on sex has created a hostile or abusive work environment." !d. at 66. To do so, a plaintiff is required to show that the harassment was "sufficiently severe or pervasive 'to alter the conditions of the victim's employment and create an abusive working environment."' /d. at 67 (citation omitted).
A plaintiff pursuing a gender discrimination claim under a disparate treatment or quid pro quo sexual harassment theory must allege and prove a tangible employment action, among other elements. See Maniccia v. Brown, 171 F.3d 1364, 1368 (1Ith Cir. 1999). "A tangible employment action constitutes a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantlydifferent responsibilities, or a decision causing a significant change in benefits." Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 762 (I 998).
Thus, without a tangible employment action, there can be no recovery on a disparate treatment theory. The case on which the EEOC now relies, Luttjohann v. Goodyear Tire & Rubber Co., 927 F. Supp. 403 (D. Kan. 1996), is in accord. In that case, the plaintiffbrought claims under theories of hostile work environment, retaliation, and disparate treatment. Her disparate treatment claims alleged these tangible adverse employment actions: "transfers without independent grounds, closer scrutiny from supervisors, nonpayment for days off, forced use of vacation time for days off and special reporting requirements." !d. at 406.
Ms. Sambino has not alleged any tangible employment action in connection with the alleged sexual harassment. (She does not contend that her tennination was not part of the alleged harassment; she contends that she was fired in retaliation for complaining about the alleged harassment.) Thus, her only viable claims are for gender discrimination under a hostile work environment theory and for retaliatory discharge. To instruct the jury on a disparate treatment theory where no tangible employment action has been alleged, much less proven, would risk unnecessarily
2

Case 1:98-cv-01458-AJ Document 82 Entered on FLSD Docket 04/19/2000 Page 3 of 3

confusing the jury. The defendants' motion for judgment on the EEOC's disparate treatment theory

is therefore GRANTED.

The defendants also move for judgment as a matter of law on the EEOC's other theories,

arguing that the EEOC did not prove that the alleged harasser was Ms. Sambino's supervisor or that

Ms. Sambino engaged in statutorily protected activity before being fired. The defendants' motion

is DENIED with respect to these arguments.

\~ DONE and ORDERED in chambers in Miami, Florida, this

day of April, 2000.

Copies to:

United States District Judge
Peter L. Sampo, Esq. (fax: 305-442-1578) Gedety N. Serralta, Esq. (fax: 305-530-7660)

3

 
 Case 1:98-cv-01458-AJ Document 94 Entered on FLSD Docket 05/30/2000 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 98-I458-CIY-JORDAN

byj!i1r= (;,LED

D.c;) /

(/
MAY 26 2000

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

Plaintiff

) )

vs.

)

PACIFIC INTERNATIONAL EQUITIES, INC., SOUTHEASTERN FLORIDA PROPERTIES,

) ) )

INC., and SOUTHEASTERN FLORIDA MANAGEMENT, INC.

) )

Defendants

)

CLOSED
CIVIL CASE

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

FINAL JUDGMENT AND INJUNCTION

Pursuant to Federal Rule of Civil Procedure 58 and in accordance with the jury's verdict

rendered on April 19, 2000, the Court enters judgment for the Equal Employment Opportunity

Commission against the defendants -- Pacific International Equities, Inc., Southeastern Florida

Properties, Inc., and Southeastern Florida Management, Inc. -- on its claim for unlawful

discrimination on the basis of gender {i.e., sexual harrassment). The Court enters judgment for the

defendants on the EEOC's claim for unlawful retaliatory discharge.

The EEOC has disclaimed any entitlement to back pay and compensatory damages on the

sexual harassment claim [D.E. 88]. As a result, the EEOC shall recover from the defendants nominal

actual damages in the amount of one dollar and punitive damages in the amount of ten thousand

dollars, for which let execution issue.

Although the evidence presented at trial was that one former supervisor, Jorge Cordobes,

harassed one former female employee, Joelle DeSimone Sambino, four years ago at an office trailer

and an office located on a construction site, some limited injunctive reliefis warranted. See E. E. 0. C.

v. Massey Yardley Chrysler Plymouth, 117 F.3d 1244, 1253-54 {11th Cir. 1997). The consistent

testimony of the witnesses at trial - e.g., Ms. Sambi no, Lea Schwartz, Edith Anne White, Larry

Jankins, Camilo Blanco, and Astolfo Lozada- was that in 1995 and 1996 the defendants did not

have a formal complaint procedure to resolve allegations of sexual harassment and did not have a

Case 1:98-cv-01458-AJ Document 94 Entered on FLSD Docket 05/30/2000 Page 2 of 2 . '
written policy against such conduct. Instead, Howard Shapiro, the defendants' owner and chairman, had an open-door policy for employees who had concerns or complaints. Mr. Shapiro's open-door policy, however, did not prevent or stop Mr. Cordobes' harassment of Ms. Sambino, and in part contributed to Mr. Blanco's conclusion that Ms. Sambino had improperly gone over his head when she spoke to Mr. Shapiro about work issues. More importantly, there was no testimony at trial that the defendants had, since 1995 and 1996, adopted, promulgated, or disseminated a complaint procedure or sexual harassment policy. The defendants' memorandum in opposition to the EEOC's request for injunctive relief suggests that a sexual harassment policy is now in place [D.E. 92 at 5], but neither the policy or the depositions of those employees discussing the policy have been filed with the Court.
Accordingly, each ofthe defendants shall adopt and maintain a policy proscribing workplace sexual harassment by all employees and proscribing retaliation against any employee who complains about sexual harassment. The policy shall state that sexual harassment is a violation ofTitle VII and shall give a definition ofsexual harassment similar to that in the EEOC Guidelines. This policy shall be posted by no later than June 28, 2000, for a period of two years from the date of this judgment in a conspicuous place in each of its facilities (including trailers or offices at construction sites) and in places where notices to employees or applicants for employment are customarily posted. The defendants shall notify the EEOC when they have complied with this injunction.
Done and ordered in chambers in Miami, Florida, this 2b..Jl day of May, 2000.

Copies to:

United States District Judge
Peter L. Sampo, Esq. (fax: 305-442-1578) Gedety N. Serralta, Esq. (fax: 305-530-7660)

2

 
 CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?268091317687708-L_92...

U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:98-cv-01458-AJ

CLOSED

Equal Employment v. Pacific, et al Assigned to: Judge Adalberto Jordan Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant Pacific International Equities, Inc.

Date Filed: 06/22/1998 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Gedety Nayets Serralta Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary Andrew Costales Gary A. Costales 1401 Brickell Avenue Suite 825 Miami, FL 33131 305-779-8102 Fax: 373-2735 Email: costalesgary@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Louis Sampo Allen Norton & Blue 121 Majorca Avenue Suite 300 Coral Gables, FL 33134 305-445-7801 Fax: 442-1578 Email: psampo@anblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 9

5/21/2007 2:41 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?268091317687708-L_92...

Defendant Southeastern Florida Properties, Inc.
Defendant Southeastern Florida Management, Inc.

Date Filed 06/22/1998 06/22/1998 09/11/1998 09/11/1998 09/17/1998 09/23/1998 11/02/1998
11/02/1998 11/02/1998 11/02/1998 11/16/1998 11/16/1998 11/16/1998

#

Docket Text

1 COMPLAINT filed; FILING FEE WAIVED; A-7, TEB (Former Deputy Clerk) (Entered: 06/23/1998)
Magistrate identification: Magistrate Judge Ted E. Bandstra (Former Deputy Clerk) (Entered: 06/23/1998)
2 Answer and affirmative defenses by Pacific (Attorney Peter Louis Sampo, Gary Andrew Costales) (Former Deputy Clerk) (Entered: 09/15/1998)
3 MOTION with memorandum in support by Pacific for more definite statement with regard to similarly situated individuals (Former Deputy Clerk) (Entered: 09/15/1998)
4 NOTICE of Filing Exhibits by Pacific (Former Deputy Clerk) (Entered: 09/18/1998)
5 RESPONSE by Equal Employment to [3-1] motion for more definite statement with regard to similarly situated individuals (Former Deputy Clerk) (Entered: 09/28/1998)
6 ORDER Referring Motion(s) [3-1] motion for more definite statement with regard to similarly situated individuals referred to Magistrate Ted E. Bandstra (signed by Judge Joan A. Lenard on 11/2/98) (Former Deputy Clerk) (Entered: 11/04/1998)
7 ORDER TO SHOW CAUSE for failure to comply with Local Rule 16.1B, parties shall file a Joint Scheduling Report within fifteen (15) days (signed by Judge Joan A. Lenard on 11/2/98) CCAP (Former Deputy Clerk) (Entered: 11/04/1998)
8 PRETRIAL ORDER filed (signed by Judge Joan A. Lenard on 11/2/98) CCAP (Former Deputy Clerk) (Entered: 11/04/1998)
9 ORDER directing parties to file a Certificate of Interested Persons and Corporate Disclosure Statement within 15 days (signed by Judge Joan A. Lenard on 11/2/98) CCAP (Former Deputy Clerk) (Entered: 11/04/1998)
10 Certificate of Intereste Persons by Equal Employment (Former Deputy Clerk) (Entered: 11/18/1998)
11 Joint Scheduling Report of Scheduling Meeting by Pacific, Equal Employment (Former Deputy Clerk) (Entered: 11/18/1998)
12 ORDER denying [3-1] motion for more definite statement with regard to similarly situated individuals ( signed by Magistrate Ted E. Bandstra on 11/13/98) CCAP (Former Deputy Clerk) (Entered: 11/18/1998)

2 of 9

5/21/2007 2:41 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?268091317687708-L_92...

11/16/1998 11/16/1998 11/17/1998 01/21/1999 02/16/1999 03/08/1999 03/08/1999
03/08/1999 03/16/1999 08/20/1999 08/20/1999 09/02/1999 09/13/1999 09/17/1999 09/27/1999

14 ORDER transferring case to Judge Patricia A. Seitz ( signed by Judge Joan A. Lenard on 11/16/98) CCAP (Former Deputy Clerk) (Entered: 11/19/1998)
CASE reassigned to Judge Patricia A. Seitz (Former Deputy Clerk) (Entered: 11/19/1998)
13 Corporate Disclosure Statement and Certificate of Interested Persons by Pacific (Former Deputy Clerk) (Entered: 11/18/1998)
15 ORDER for leave to file by parties amended joint scheduling report ( signed by Judge Patricia A. Seitz on 1/20/99) CCAP (Former Deputy Clerk) (Entered: 01/25/1999)
16 Amended Scheduling Report of Scheduling Meeting by Pacific, Equal Employment (Former Deputy Clerk) (Entered: 02/17/1999)
17 PRETRIAL ORDER filed providing parties with instructions for trial ( signed by Judge Patricia A. Seitz on 3/5/99) CCAP (Former Deputy Clerk) (Entered: 03/09/1999)
18 ORDER set Jury trial for 9:00 4/10/00 before Judge Patricia A. Seitz , set calendar call for 1:15 4/5/00 before Judge Patricia A. Seitz , set motion filing deadline for 1/14/00 ( signed by Judge Patricia A. Seitz on 3/5/99) CCAP (Former Deputy Clerk) (Entered: 03/09/1999)
19 ORDER referring case to mediation. 15 days to appoint mediator ( signed by Judge Patricia A. Seitz on 3/5/99) CCAP (Former Deputy Clerk) (Entered: 03/09/1999)
20 AMENDED ORDER referring case to mediation. 15 days to appoint mediator; mediation to be completed by 2/25/2000 ( signed by Judge Patricia A. Seitz on 3/15/99) CCAP (Former Deputy Clerk) (Entered: 03/17/1999)
21 MOTION by Equal Employment for leave to file amended complaint to add party defendants (proposed document in pod 3) (Former Deputy Clerk) (Entered: 08/24/1999)
22 MEMORANDUM by Equal Employment in support of [21-1] motion for leave to file amended complaint to add party defendants (Former Deputy Clerk) (Entered: 08/24/1999)
23 MOTION by Pacific to extend time respond to motion to amend complaint (Former Deputy Clerk) (Entered: 09/08/1999)
24 ORDER granting [23-1] motion to extend time respond to motion to amend complaint ( Signed by Judge Patricia A. Seitz on 9/13/99) CCAP [EOD Date: 9/17/99] (Former Deputy Clerk) (Entered: 09/17/1999)
25 RESPONSE by Pacific to [21-1] motion for leave to file amended complaint to add party defendants (cj, Deputy Clerk) (Entered: 09/22/1999)
26 REPLY by Equal Employment to response to [21-1] motion for leave to file amended complaint to add party defendants (Former Deputy Clerk) (Entered: 09/29/1999)

3 of 9

5/21/2007 2:41 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?268091317687708-L_92...

10/01/1999
10/01/1999 10/15/1999
10/15/1999
10/15/1999 11/08/1999
01/05/2000 01/14/2000
01/14/2000 01/14/2000 01/14/2000 01/14/2000 01/14/2000
01/14/2000 01/14/2000
01/31/2000

27 ORDER transferring case to calendar of Judge Adalberto Jordan (Signed by Judge Patricia A. Seitz on 10/1/99) CCAP [EOD Date: 10/5/99] (gz, Deputy Clerk) (Entered: 10/05/1999)
CASE reassigned to Judge Adalberto Jordan (gz, Deputy Clerk) (Entered: 10/05/1999)
28 ORDER granting [21-1] motion for leave to file amended complaint to add party defendants ( Signed by Judge Patricia A. Seitz on 10/14/99) CCAP [EOD Date: 10/19/99] (Former Deputy Clerk) (Entered: 10/19/1999)
29 AMENDED COMPLAINT by Equal Employment , (Answer due 10/25/99 for Pacific ) amending [1-1] complaint adding Southeastern Florida, SE Florida Mgmt (Former Deputy Clerk) (Entered: 10/19/1999)
29 DEMAND for jury trial by Pacific, Southeastern Florida, SE Florida Mgmt (Former Deputy Clerk) (Entered: 10/19/1999)
30 Answer to amended complaint and affirmative defenses by Pacific, SE Florida Mgmt, Southeastern Florida (Attorney ), (gz, Deputy Clerk) (Entered: 11/09/1999)
31 NOTICE of scheduling of court ordered mediation by Equal Employment (ra, Deputy Clerk) (Entered: 01/06/2000)
32 MOTION with memorandum of law in support by Pacific, Southeastern Florida, SE Florida Mgmt for summary judgment (gz, Deputy Clerk) (Entered: 01/14/2000)
33 NOTICE of filing by Pacific of deposition transcript and excerpts (gz, Deputy Clerk) (Entered: 01/18/2000)
34 DEPOSITION of Joelle DeSimone Sambino (gz, Deputy Clerk) (Entered: 01/18/2000)
35 DEPOSITION of Camilo Blanco (gz, Deputy Clerk) (Entered: 01/18/2000)
36 MOTION by Equal Employment for partial summary judgment on the issue of conciliation (gz, Deputy Clerk) (Entered: 01/18/2000)
37 MEMORANDUM of law by Equal Employment in support of [36-1] motion for partial summary judgment on the issue of conciliation (gz, Deputy Clerk) (Entered: 01/18/2000)
38 Statement of material facts not in dispute by Equal Employment (gz, Deputy Clerk) (Entered: 01/18/2000)
39 AFFIDAVIT of Jerald McDaniel by Equal Employment Re: [36-1] motion for partial summary judgment on the issue of conciliation (with attachments) (gz, Deputy Clerk) (Entered: 01/18/2000)
40 RESPONSE by Pacific, Southeastern Florida, SE Florida Mgmt to [36-1] motion for partial summary judgment on the issue of conciliation and memorandum of law in support thereof (gz, Deputy Clerk) (Entered: 02/01/2000)

4 of 9

5/21/2007 2:41 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?268091317687708-L_92...

01/31/2000
01/31/2000 01/31/2000 01/31/2000 01/31/2000 02/01/2000 02/01/2000 02/01/2000 02/09/2000 02/10/2000
02/18/2000 02/18/2000 02/18/2000
02/25/2000
02/25/2000 02/25/2000 02/25/2000

41 Concise Statement of material facts by Pacific, Southeastern Florida, SE Florida Mgmt to which there exists a genuine issue and additional undisputed material facts for purposes of plaintiff's motion for partial summary judgment on the issue of conciliation (gz, Deputy Clerk) (Entered: 02/01/2000)
42 RESPONSE by Equal Employment to [32-1] motion for summary judgment (gz, Deputy Clerk) (Entered: 02/01/2000)
43 AFFIDAVIT/Declararion of Jerald McDaniel by Equal Employment (gz, Deputy Clerk) (Entered: 02/01/2000)
44 AFFIDAVIT/Declaration of Joelle Desimone Sambino by Equal Employment (gz, Deputy Clerk) (Entered: 02/01/2000)
45 Statement of material facts which are in dispute by Equal Employment (with attached deposition copies) (gz, Deputy Clerk) (Entered: 02/01/2000)
46 NOTICE of filing by Pacific deposition transcripts (gz, Deputy Clerk) (Entered: 02/02/2000)
47 DEPOSITION transcript of Jerald McDaniel (gz, Deputy Clerk) (Entered: 02/02/2000)
48 DEPOSITION transcript of Jerald McDaniel (gz, Deputy Clerk) (Entered: 02/02/2000)
49 FINAL report of Mediator. Disposition: IMPASSE (gz, Deputy Clerk) (Entered: 02/09/2000)
50 RESPONSE by Pacific, Southeastern Florida, SE Florida Mgmt to [36-1] motion for partial summary judgment on the issue of conciliation (gz, Deputy Clerk) (Entered: 02/11/2000)
51 JOINT PRETRIAL STIPULATION by Pacific, Equal Employment, Southeastern Florida, SE Florida Mgmt (Former Deputy Clerk) (Entered: 02/22/2000)
52 JOINT Summary of Motions in Limine by Pacific, Equal Employment (Former Deputy Clerk) (Entered: 02/22/2000)
53 Notice of its attempt to comply with the Court's Order to file a joint statement outlining the parties' elements of its claims and the defenses raised by Pacific (Former Deputy Clerk) (Entered: 02/22/2000)
54 MOTION by Pacific, Southeastern Florida, SE Florida Mgmt for pretrial conference pursuant to Court's 3/5/99 order (gz, Deputy Clerk) (Entered: 02/28/2000)
55 Proposed Jury instructions and special verdict form by Pacific, Southeastern Florida, SE Florida Mgmt (attached) (gz, Deputy Clerk) (Entered: 02/28/2000)
56 Proposed Jury instructions by Equal Employment (cj, Deputy Clerk) (Entered: 02/28/2000)
56 VERDICT FORM for Equal Employment (cj, Deputy Clerk) (Entered: 02/28/2000)

5 of 9

5/21/2007 2:41 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?268091317687708-L_92...

03/02/2000 03/16/2000
03/28/2000
03/28/2000 03/28/2000 04/05/2000 04/05/2000 04/05/2000
04/06/2000 04/06/2000 04/07/2000 04/10/2000 04/10/2000 04/10/2000

57 Joint Statement by Pacific, Equal Employment, Southeastern Florida, SE Florida Mgmt regarding legal elements of plaintiff's claims and defenses raised (attachments) (gz, Deputy Clerk) (Entered: 03/02/2000)
58 ORDER reset calendar call for 4/4/00 before Judge Adalberto Jordan granting [54-1] motion for pretrial conference pursuant to Court's 3/5/99 order, set pretrial conference for 4/4/00 immediately following calendar call ( Signed by Judge Adalberto Jordan on 3/16/00) CCAP [EOD Date: 3/20/00] (Former Deputy Clerk) (Entered: 03/20/2000)
59 MOTION with memorandum in support by Pacific, Southeastern Florida, SE Florida Mgmt in limine to exclude any evidence of alleged acts of unlawful discrimination taken against Leah Schwartz (ra, Deputy Clerk) (Entered: 03/29/2000)
60 MOTION with memorandum in support by Pacific, Southeastern Florida, SE Florida Mgmt in limine to preclude evidence of the EEOC's determination letter (ra, Deputy Clerk) (Entered: 03/29/2000)
61 MOTION with memorandum in support by Pacific, Southeastern Florida, SE Florida Mgmt in limine to preclude testimony or oral argument that plaintiff has suffered emotional distress (ra, Deputy Clerk) (Entered: 03/29/2000)
62 Minutes of calendar call held before Judge Adalberto Jordan on 4/4/00; Court Reporter Name or Tape #: Francine Salopek (Former Deputy Clerk) (Entered: 04/06/2000)
Calendar call held (Former Deputy Clerk) (Entered: 04/06/2000)
63 MOTION with memorandum in support by Equal Employment in limine to prohibit the introduction of any evidence and/or mention in front of the jury regarding defendants' assertion that other employees, those belonging to protected categories under the federal anti-discrimination statutes, were treated well by defendants (Former Deputy Clerk) (Entered: 04/06/2000)
64 Proposed Voir dire questions by Pacific, Southeastern Florida, SE Florida Mgmt (Former Deputy Clerk) (Entered: 04/07/2000)
65 JOINT Statement of case by Pacific, Equal Employment, Southeastern Florida, SE Florida Mgmt (Former Deputy Clerk) (Entered: 04/07/2000)
66 Proposed Voir dire questions by Equal Employment (Former Deputy Clerk) (Entered: 04/10/2000)
67 RESPONSE by Equal Employment to [59-1] motion in limine to exclude any evidence of alleged acts of unlawful discrimination taken against Leah Schwartz (Former Deputy Clerk) (Entered: 04/11/2000)
68 RESPONSE by Equal Employment to [61-1] motion in limine to preclude testimony or oral argument that plaintiff has suffered emotional distress (Former Deputy Clerk) (Entered: 04/11/2000)
69 TRIAL BRIEF by Equal Employment (Former Deputy Clerk) (Entered: 04/11/2000)

6 of 9

5/21/2007 2:41 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?268091317687708-L_92...

04/10/2000
04/11/2000
04/11/2000 04/11/2000 04/11/2000 04/11/2000 04/12/2000 04/12/2000 04/13/2000 04/13/2000 04/14/2000 04/17/2000 04/17/2000 04/17/2000 04/17/2000 04/18/2000

70 ORDER granting [32-1] motion for summary judgment, granting [36-1] motion for partial summary judgment on the issue of conciliation ( Signed by Judge Adalberto Jordan on 4/10/00) CCAP [EOD Date: 4/11/00] (Former Deputy Clerk) (Entered: 04/11/2000)
71 RESPONSE by Pacific, Southeastern Florida, SE Florida Mgmt to [63-1] motion in limine to prohibit the introduction of any evidence and/or mention in front of the jury regarding defendants' assertion that other employees, those belonging to protected categories under the federal anti-discrimination statutes, were treated well by defendants (Former Deputy Clerk) (Entered: 04/12/2000)
72 Minutes of jury trial held before Judge Adalberto Jordan on 4/11/00; jury selection begins, case continued to 4/12/00; Court Reporter Name or Tape #: Francine Salopek (Former Deputy Clerk) (Entered: 04/12/2000)
Jury trial held before Judge Adalberto Jordan (Former Deputy Clerk) (Entered: 04/12/2000)
73 QUESTIONS FOR PROSPECTIVE JURORS (Former Deputy Clerk) (Entered: 04/12/2000)
74 NOTICE of designation of attached deposition excerpts by Equal Employment (Former Deputy Clerk) (Entered: 04/12/2000)
75 Minutes of jury trial held before Judge Adalberto Jordan on 4/12/00; jury trial continued to 4/13/00; Court Reporter Name or Tape #: Francine Salopek (Former Deputy Clerk) (Entered: 04/13/2000)
Jury trial held before Judge Adalberto Jordan (Former Deputy Clerk) (Entered: 04/13/2000)
Jury trial held before Judge Adalberto Jordan (hd, Deputy Clerk) (Entered: 04/14/2000)
76 Minutes of jury trial held before Judge Adalberto Jordan on 4/13/00; continue Jury trial for 9:00 4/17/00 Court Reporter Name or Tape #: Francine Salopek (hd, Deputy Clerk) (Entered: 04/14/2000)
77 MEMORANDUM OF LAW by Pacific, Southeastern Florida, SE Florida Mgmt in support of Rule 50(a) Motion for Judgment as a Matter of Law {motion not docketed} (Former Deputy Clerk) (Entered: 04/17/2000)
78 TRIAL BRIEF by Equal Employment (Former Deputy Clerk) (Entered: 04/18/2000)
79 RESPONSE by Equal Employment to defendants' Oral Motion for Judgment as a Matter of Law (Former Deputy Clerk) (Entered: 04/18/2000)
81 Minutes of jury trial held before Judge Adalberto Jordan on 4/17/00; jury trial cont. to 4/18/00; Court Reporter Name or Tape #: Francine Salopek (Former Deputy Clerk) (Entered: 04/19/2000)
Jury trial held before Judge Adalberto Jordan (Former Deputy Clerk) (Entered: 04/19/2000)
80 Court's Jury instructions (Former Deputy Clerk) (Entered: 04/19/2000)

7 of 9

5/21/2007 2:41 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?268091317687708-L_92...

04/18/2000
04/18/2000 04/19/2000 04/19/2000 04/19/2000 04/19/2000 04/21/2000 04/21/2000 04/24/2000 04/28/2000 04/28/2000 05/15/2000 05/22/2000 05/26/2000
05/26/2000

82 ORDER ON MOTION FOR JUDGMENT AS A MATTER OF LAW: the defendants' Motion for Judgment as a Matter of Law {see D.E. 77} is granted in part and denied in part; see Order for further details ( Signed by Judge Adalberto Jordan on 4/18/00) CCAP [EOD Date: 4/19/00] (Former Deputy Clerk) (Entered: 04/19/2000)
83 ORDER directing Clerk to file draft jury instructions ( Signed by Judge Adalberto Jordan on 4/18/00) CCAP [EOD Date: 4/19/00] (Former Deputy Clerk) (Entered: 04/19/2000)
84 VERDICT FORM (hd, Deputy Clerk) (Entered: 04/20/2000)
85 STIPULATION AND ORDER permitting withdrawal of exhibits ( Signed by Judge Adalberto Jordan on 4/18/00) CCAP [EOD Date: 4/20/00] (hd, Deputy Clerk) (Entered: 04/20/2000)
Jury trial held before Judge Adalberto Jordan (hd, Deputy Clerk) (Entered: 04/20/2000)
86 Minutes of jury trial held before Judge Adalberto Jordan on 4/19/00; jury verdict rendered; Court Reporter Name or Tape #: Francine Salopek (hd, Deputy Clerk) (Entered: 04/20/2000)
87 Brief regarding Who is a Supervisor by Equal Employment (Former Deputy Clerk) (Entered: 04/24/2000)
88 NOTICE regarding the issues of backpay and compensatory damages by Equal Employment (Former Deputy Clerk) (Entered: 04/24/2000)
89 ORDER re: jury notes & Court's response (Signed by Judge Adalberto Jordan on 4/21/00) CCAP [EOD Date: 4/25/00] (dg, Deputy Clerk) (Entered: 04/25/2000)
90 MEMORANDUM of law seeking injunctive relief by Equal Employment (Former Deputy Clerk) (Entered: 05/01/2000)
91 NOTICE of Unavailability by Equal Employment (Former Deputy Clerk) (Entered: 05/01/2000)
92 RESPONSE by Pacific, Southeastern Florida, SE Florida Mgmt to [90-1] memorandum of law seeking injunctive relief (Former Deputy Clerk) (Entered: 05/16/2000)
93 REPLY by Equal Employment regarding [90-1] of law memorandum seeking injunctive relief (Former Deputy Clerk) (Entered: 05/23/2000)
94 FINAL JUDGMENT AND INJUNCTION for Equal Employment against Pacific, Southeastern Florida, SE Florida Mgmt; each of the defendants shall adopt and maintain a policy poscribing workplace sexual harassment by all employees and proscribing retaliation against any employee who complains about sexual harassment no later than 6/28/00; see Order for details ( Signed by Judge Adalberto Jordan on 5/26/00) CCAP [EOD Date: 5/30/00] (Former Deputy Clerk) (Entered: 05/30/2000)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (Former Deputy Clerk) (Entered: 05/30/2000)

8 of 9

5/21/2007 2:41 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?268091317687708-L_92...

PACER Service Center

Transaction Receipt

05/21/2007 15:43:24

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 5

Cost:

eeoc 1:98-cv-01458-AJ 0.40

9 of 9

5/21/2007 2:41 PM