IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ASSOCIATED SECURITY ENFORCEMENT, )

INC.,

)

)

)

Defendant.

)

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

CIVIL ACTION NO.
f-tOt-\(~( 39 \-~ml ~k_
COMPLAINT
JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Kimeny Billington, Ellen Glass, and other similarly situated individuals who were adversely affected by such practices. As stated with greater particularity in paragraph 7, the Commission alleges that Kimeny Billington, Ellen Glass, and other similarly situated individuals were subjected to sexual harassment by Defendant's Owner. The conduct was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The Commission further alleges that

04 SEP 28 AN 10: 03
FILED

Defendant demoted Ellen Glass for rejecting the Owner's sexual advances and/or in retaliation for complaining of the sexual harassment. The Commission also alleges that Defendant ultimately discharged EIlen Glass for rejecting the Owner's sexual advances and/or in retaliation for Ms. Glass filing a charge of discrimination against the Defendant.
JURISDICTION AND VENUE I. Jurisdiction of this Court is invoked pursuant to 28 US.c. §§ 45 I, 133 I, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VII ofthe Civil Rights Act of 1964, as amended, 42 US.C. § 2000e-5(f)(I) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 US.c. § 1981A. 2. The employment practices aIleged to be unlawful were committed within the jurisdiction of the Untied States District Court for the Northern District of Florida, Tallahassee Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) ofTitie VII, 42 U.S.C. § 2000e-5(f)(l) and (3). 4. At all relevant times, Associated Security Enforcement, Inc., (the "Employer"), has continuously been a Florida corporation doing business in the State of Florida and the City of Tallahassee, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer, has continuously been an
2

employer engaged in an industry affecting commerce within the meaning ofSections 701 (b), (g) and (h) ofTitle VII, 42 U.S.c. §§2000e (b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Kimeny Billington and Ellen Glass filed charges with the Commission alleging violations ofTitle VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least July, 2002, Defendant Employer engaged in unlawful employment practices at its Tallahassee, Florida location in violation of Section 703(a) and Section 704(a) ofTitle VII, 42 U.S.C. §2000e-2(a) and § 2000e-3(a). a. Kimeny Billington was subjected to sexual harassment by Defendant's
Owner in the form of unwelcome verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The harassment included, but was not limited to, requests for sex in exchange for money; comments about his personal sex life; numerous invitations to his home for sex; comments about his strong sex drive; and discussions about his multiple affairs with other women. b. Kimeny Billington repeatedly objected to the Owner's sexually offensive conduct, but the conduct continued. c. Defendant Employer is liable for the unlawful sexual harassment to which it
3

subjected Kimeny Billington during her employment.

d. Ellen Glass was subjected to sexual harassment by Defendant's Owner in

the form of unwelcome verbal conduct of a sexual nature which was

sufficiently severe and pervasive to constitute an intimidating, hostile and

offensive work environment. The harassment included, but was not limited

to, requests for sex in exchange for money; comments about his personal sex

life; numerous invitations to his home for sex; comments about his strong sex

drive; and discussions about his multiple affairs with other women.

e. Ellen Glass repeatedly objected to the Owner's sexual harassment, but the

conduct continued.

f. Defendant unlawfully demoted Ellen Glass for rejecting the Owner's sexual

advances and/or for complaining ofthe sexual harassment to which she was

being subjected.

g. Defendant unlawfully terminated Ellen Glass' employment for rejecting the

Owner's sexual advances and/or in retaliation for filing a charge of

discrimination against the Defendant.

h. Defendant Employer is liable for the unlawful sexual harassment and/or

unlawful retaliation to which it subjected Ellen Glass during her employment.

\.

Other similarly situated female employees ofthe Defendant Employer were

subjected to sexual harassment by Defendant's Owner in the form of

unwelcome conduct of a sexual nature which was sufficiently severe and

4

pervasIve to constitute an intimidating, hostile and offensive work environment. Defendant Employer is liable for the unlawful sexual harassment to which it subjected other similarly situated females to during their employment. S. The effect of the conduct complained of in paragraph 7 above has been to deprive Kimeny Billington, Ellen Glass and 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 ofin paragraph 7 above were intentional. 10. The unlawful employment practices complained ofin paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Kimeny Billington, Ellen Glass, and other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with Defendant, from engaging in sexual harassment or any other employment practice which discriminates on the basis ofsex and/or opposition to an unlawful employment practice. B. Order Defendant, to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects
5

of its past unlawful employment practices. C. Order Defendant to make whole EIIen Glass 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 or front pay.
D. Order Defendant to make whole Kimeny BiIlington, EIIen Glass, 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 out of pocket losses in amounts to be determined at trial.
E. Order Defendant to make whole Kimeny Billington, Ellen Glass, and 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 emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant to pay Kimeny BiIlington, Ellen Glass, and 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 ofthis action. JURY TRIAL DEMAND
6

The Commission requests ajury trial on all questions offact raised byits complaint.
Respectfully Submitted, ERIC S. DRIEBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney MICHAEL J. FARRELL
Trial Attorney Florida Bar. No. 0083054 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE One Biscayne Tower 2 South Biscayne Boulevard Suite 2700 Miami, Florida 33131 Phone: (305) 530-6006 Fax: (305) 536-4494 E-mail: kenneth.gillespie@eeoc.gov
7

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

and

ELLEN GLASS, KIMENY BILLINGTON, and KAREN STEWART,

Case No.: 4.04CV391-SPM

Plaintiffs,

v.

ASSOCIATED SECURITY ENFORCEMENT, INC.

and

ROBERT FANNIN,

Defendants. /

COMPLAINT Plaintiffs sue Defendants and state:
JURISDICTION AND VENUE 1. This action for monetary damages, for declaratory and injunctive relief, and for other equitable and ancillary relief is brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et. seq., and 42 U.S.C. § 1981a (hereinafter Title VII); under the Florida Civil Rights Act of 1992, 760.01-11, Florida Statutes; under § 796.09, Florida Statutes and under the common law of Florida. 2. This Court has jurisdiction of this matter under 42 U.S.C. § 2000e-5(f), and under 28 U.S.C. §§ 1331 and 1343(3) and (4).

3. Plaintiff ELLEN GLASS (hereinafter “GLASS”) is a female citizen of the United States and a resident of Leon County.
4. Plaintiff KIMENY BILLINGTON (hereinafter “BILLINGTON”) is a female citizen of the United States and a resident of Leon County.
5. Plaintiff KAREN STEWART (hereinafter “STEWART”) is a female citizen of the United States and a resident of Leon County.
6. Defendant ASSOCIATED SECURITY ENFORCEMENT, INC. (hereinafter “ASE”) is a security corporation that provides security guards for residential and commercial properties.
7. At all relevant times, ASE has continuously been an employer within the meaning of Title VII and the Florida Civil Rights Act.
8. Defendant ROBERT FANNIN (hereinafter “FANNIN”) is the principal shareholder, manager and supervisor of all operations at ASE.
9. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Florida, Tallahassee Division.
10. Counts I, II, III, IV and VI, are brought by GLASS, BILLINGTON, and STEWART against ASE; Count V is brought by GLASS, BILLINGTON, and STEWART against both FANNIN and ASE; Count VII is brought by STEWART against both FANNIN and ASE.
CONDITIONS PRECEDENT 11. GLASS, BILLINGTON and STEWART (hereinafter “PLAINTIFFS”) filed timely charges of discrimination with the EQUAL EMPLOYMENT
2

OPPORTUNITY COMMISSION (hereinafter “EEOC”) and otherwise fulfilled all prerequisites to bringing this action.
12. The EEOC determined that reasonable cause exists to believe that unlawful employment practices occurred with respect to PLAINTIFFS and initiated this action.
13. PLAINTIFFS filed timely charges of discrimination with the Florida Commission on Human Relations (hereinafter “FCHR”) and otherwise fulfilled all prerequisites to bringing this action.
GENERAL ALLEGATIONS 14. As the owner and manger of ASE, FANNIN is responsible for all personnel decisions and day-to-day management of ASE, including hiring, termination, promotion and discipline of employees. 15. FANNIN used his supervisory power over PLAINTIFFS to solicit them for sex, make sexual advances, and subject them to sexual remarks, derogatory racial comments and unwelcome physical contact. 16. During their interviews, FANNIN asked PLAINTIFFS about their marital status and whether they had children. 17. FANNIN targeted PLAINTIFFS because they are single mothers. 18. Throughout their employment FANIN initiated conversations about PLAINTIFFS’ marital status and the difficulty of supporting children as a single mother. 19. FANNIN told PLAINTIFFS he could help them support their families by loaning them money, renting them property at reduced rates or paying them cash in exchange for sexual favors.
3

20. Even though PLAINTIFFS rejected FANNIN’s propositions, FANNIN continued to pressure them with offers of favorable job assignments, raises and promotions.
21. FANNIN assigned PLAINTIFFS to staff the main office or accompany him to job sites in order to keep them accessible for his sexual advances, even when there were other job assignments available.
22. FANNIN sent his wife, ASE co-owner Bonnie Fannin, out of the office when he wanted to talk to PLAINTIFFS about his marriage, his extramarital affairs and to solicit PLAINTIFFS for sex.
23. FANNIN repeatedly invited PLAINTIFFS to his house and office for personal encounters.
24. FANNIN engaged in illegal activities and retaliated against PLAINTIFFS when they rebuffed his sexual advances.
25. FANNIN continuously offered GLASS and BILLINGTON raises and chances for advancement and promotion, and then failed to raise their salaries or promote them when they rejected his sexual advances.
26. When BILLINGTON and GLASS filed sexual harassment charges, FANNIN retaliated by terminating both women under false pretenses.
27. FANNIN ordered STEWART to concoct after-the-fact reprimands to justify the terminations of BILLINGTON and GLASS, even remarking that he knew it was illegal to retaliate against an employee for complaining about discrimination.
4

28. When STEWART objected to FANNIN’s illegal scheme to reduce terminated employees’ paychecks to minimum wage, he ignored her and continued the practice, finally reducing STEWART’s final paycheck to minimum wage.
29. When STEWART objected to FANNIN’s falsification of GLASS and BILLINGTON’s personnel files, he subjected her to unwelcome sexual advances, unwelcome physical touching and solicited her for sex.
30. FANNIN treated his black employees less favorably than his white employees, requiring blacks to have their timesheets filled out by a white person.
31. FANNIN made derogatory racial remarks about blacks in front of PLAINTIFFS, including BILLINGTON, who is black.
32. FANNIN referred to black employees as “niggers,” blamed a black man for blinding him, and accused a black security guard of sabotaging his business.
33. FANNIN refused to let black employees fill out their timesheets. 34. At all times material hereto, FANNIN acted both as agent of ASE and in his individual capacity. 35. The conduct of FANNIN and ASE alleged herein is part of a pattern or practice of discrimination, harassment, and retaliation against female employees. 36. At all times material hereto ASE had no effective policy or procedure for handling complaints of discrimination, harassment or retaliation.
ELLEN GLASS 37. GLASS began her employment with ASE in September, 2002.
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38. At the time of her employment, GLASS was a single mother with a child in college.
39. GLASS was hired as a “roving patrol supervisor” and was responsible for driving to different job sites to check in with ASE’s security guards.
40. FANNIN propositioned GLASS, offering to pay her to have an affair with him.
41. GLASS told FANNIN his conduct was inappropriate and she was there to work.
42. During September, October and November 2002, FANNIN regularly called GLASS at her other job and at home, bringing up his sex drive and asking GLASS to take him out and “show him a good time.”
43. GLASS repeatedly told FANNIN she did not want the phone calls and did not want to have a relationship with him.
44. FANNIN told GLASS he “had a strong sex drive” and said his wife “knows he has to satisfy his needs.”
45. FANNIN denied GLASS a promised raise after her 90-day probation period because she continued to spurn his solicitations and sexual advances.
46. GLASS was removed from her roving supervisor position and replaced by a male in retaliation for refusing FANNIN’S sexual advances.
47. GLASS’ hours were reduced from 50 hours a week to 24 hours a week in retaliation for refusing FANNIN’S sexual advances.
48. FANNIN told GLASS she was demoted because someone saw her sleeping on the job, but refused to name the person who made the accusation.
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49. FANNIN offered GLASS a loan and told her if she needed money all she needed to do was ask for a loan.
50. On April 21, 2003, GLASS filed a charge of discrimination with the FCHR.
51. On or about May 10, 2003, the officer who relieved GLASS from her post told GLASS that FANNIN said he was being sued by two employees.
52. FANNIN told the officer that one of the two employees was no longer working for him but the other was still employed by ASE “for the time being”.
53. On or about May 27, 2003, FANNIN accused GLASS of being insubordinate because she left work after becoming ill.
54. On or about June 4, 2003, ASE terminated GLASS in retaliation for her charge of discrimination.
KIMENY BILLINGTON 55. BILLINGTON is a single mother of four children. 56. She began working for ASE as a security guard in July 2002. 57. During her interview with ASE, FANNIN asked BILLINGTON if she had a boyfriend and whether she received child support payments. 58. FANNIN told BILLINGTON that women should not receive child support. 59. BILLINGTON was often assigned to roam job sites with FANNIN. 60. FANNIN instructed BILLINGTON to wear ordinary clothes instead of the standard security guard uniform when she was assigned to roam with FANNIN.
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61. On BILLINGTON’S first night of work, FANNIN said she could roam the security sites in Marianna with him and he would pay her $200.00 each time she went.
62. FANNIN offered to pay BILLINGTON in cash, and warned her not to tell his wife that she was going with him to Marianna.
63. FANNIN told BILLINGTON that there were problems in his marriage, that he didn’t get along with his wife and that his wife didn’t like to have sex with him.
64. BILLINGTON told FANNIN that the conversation was not appropriate and tried to steer the conversation back to her job duties.
65. After BILLINGTON rejected FANNIN’S advances, he never again offered her the opportunity to roam the security sites, which paid more money than a post assignment.
66. FANNIN offered to pay for BILLINGTON’s “G” license, an elevated security license, but withdrew the offer when she rejected his sexual solicitations.
67. In December of 2002, BILLINGTON’s regular post assignment ended and FANNIN transferred her to work in the main office.
68. When FANNIN’s wife left the office, he would call BILLINGTON into his office and hound her with a barrage of personal questions, sexual talk and sexual advances, including but not limited to:
A. pestering her about “taking him out”. B. questioning her about married people having affairs. C. describing his affairs with other women. D. asking her to take him to the movies or out riding. E. asking her to wear mini-skirts.
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69. BILLINGTON requested a post assignment but FANNIN kept her in his office, even though there were open post assignments the entire time BILLINGTON worked in the main office.
70. On BILLINGTON’s last day in the main office FANNIN stared suggestively at her, commenting that “it looks like you wear about a 34 bra size.”
71. FANNIN told her to turn around and model for him so he would know if her “body [was] a 36, 24, 36.”
72. BILLINGTON worked another post for approximately one month and then her child became extremely ill.
73. BILLINGTON gave FANNIN two weeks notice that she would need time off because her child was scheduled to have a serious medical procedure.
74. BILLINGTON was laid off in the middle of February 2003 because she refused to go along with FANNIN’S sexual advances.
75. BILLINGTON called regularly to ask for another assignment. 76. Although ASE kept hiring new guards, FANNIN told BILLINGTON there were no openings. 77. FANNIN effectively fired BILLINGTON in February, 2003, for refusal of FANNIN’S sexual advances, but FANNIN delayed sending a letter of termination until April 15, 2003.
KAREN STEWART 78. STEWART is the single mother of two children. 79. STEWART began working for ASE as the Human Resource Officer on May 5, 2003.
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80. As the Human Resource Officer, STEWART was responsible for maintaining all employee files, reviewing applications, revising and creating personnel policies and procedures.
81. FANNIN told STEWART he was legally blind and as a result her job responsibilities would include reading documents to him and typing letters and memos.
82. One of STEWART’s first assignments was to respond to two charges of sexual harassment filed by BILLINGTON, who had been terminated, and GLASS, who was still employed by ASE.
83. FANNIN told STEWART the women were “mad at [him]” and filed the discrimination charges to “get back at [him]”.
84. FANNIN instructed STEWART to file a response with the FCHR that “contradicts everything they say”.
85. FANNIN ordered STEWART to create reprimands for the women’s personnel files and pre-date them by many months.
86. STEWART told FANNIN it was not appropriate to draft pre-dated reprimands and that he should give copies to GLASS and BILLINGTON.
87. When STEWART reviewed the personnel files, neither GLASS nor BILLINGTON had any reprimands, and GLASS was never reprimanded for sleeping on the job.
88. FANNIN told STEWART he wanted to fire GLASS because she filed a sexual harassment charge, but knew it was illegal.
89. FANNIN said he would make GLASS miserable enough that she would just quit.
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90. FANNIN made STEWART call the FCHR anonymously to find out how he could legitimately fire GLASS.
91. Shortly after the call to the FCHR, ASE sent GLASS a letter of termination referencing all the pre-dated reprimands FANNIN told STEWART to fabricate.
92. After he fired GLASS, FANNIN began making sexual advances toward STEWART.
93. He told her she should wear more skirts so he could see her legs and when she continued to wear pants-suits to work, he reprimanded her.
94. Around or about mid-June of 2003, Fannin approached STEWART with an offer to drive him to security sites at night.
95. FANNIN said “we can have a few drinks, get a little, and I’ll pay you extra money”.
96. FANNIN said there was nothing wrong with a woman having sex in order to feed her family, and that as a single mother, he was sure she needed some extra money.
97. STEWART was horrified and told him that under no circumstances would she have sex for money.
98. FANNIN made black employees report their hours to STEWART, which she would then record.
99. FANNIN told STEWART he did not want blacks to complete their own timesheets because “I don’t trust that nigger, he’s gonna steal from me.”
100. FANNIN told STEWART he wanted to start giving every terminated employee minimum wage on their final paycheck.
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101. STEWART called the Department of Labor to verify whether this was legal.
102. When STEWART told FANNIN his scheme was illegal, FANNIN said “don’t worry about it, we’ll get around it somehow”.
103. Knowing that STEWART wanted to move back to Tallahassee, FANNIN offered her a rental property next door to his house.
104. FANNIN told STEWART he would give her a discount on the normal $750.00 and rent the house for $500.00 if she “made arrangements” with him.
105. STEWART told FANNIN she was not interested in his proposition. 106. Approximately two weeks later, as STEWART walked out of her office, FANNIN was walking in with his hands out in front of him and he reached out and grabbed her breasts. 107. FANNIN turned around and said “damn, that felt good, let’s do it again”. 108. FANNIN touched her breasts again and asked if STEWART was going to report him to the EEOC, as if it was a joke. 109. After FANNIN grabbed STEWART’S breasts she felt violated and scared and felt like she could not work there any longer. 110. STEWART resigned on July 8, 2003. 111. STEWART’S resignation was a constructive discharge.
COUNT I TITLE VII 42 U.S.C. § 2000e, ET SEQ. AND 42 U.S.C. § 1981a
SEX DISCRIMINATION AND HARASSMENT 112. PLAINTIFFS reallege and incorporate Paragraphs 1 through 111.
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113. The foregoing actions of ASE constitute discrimination and harassment against PLAINTIFFS based upon their sex in violation of Title VII of the Civil Rights Act of 1964, as amended.
114. PLAINTIFFS are female and are therefore members of a protected class within the meaning of applicable law.
115. The disparate treatment, discrimination, and harassment described herein were based on PLAINTIFFS’ sex and negatively affected the terms, conditions, and privileges of their employment.
116. PLAINTIFFS have suffered damages because of ASE’s actions. COUNT II
TITLE VII 42 U.S.C. § 2000e, ET SEQ. AND 42 U.S.C. § 1981a RETALIATION
117. PLAINTIFFS reallege and incorporate Paragraphs 1 through 111. 118. The foregoing actions of ASE constitute retaliation against PLAINTIFFS in violation of Title VII of the Civil Rights Act of 1964, as amended. 119. PLAINTIFFS are female and are therefore members of a protected class within the meaning of applicable law. 120. The retaliation described herein was based on PLAINTIFFS’ exercise of rights protected by law to resist and oppose sexual discrimination and harassment and to participate in actions calculated to redress these grievances. 121. PLAINTIFFS have suffered damages because of the ASE’s actions.
COUNT III - FLORIDA CIVIL RIGHTS ACT OF 1992 CHAPTER 760, FLORIDA STATUTES
SEX DISCRIMINATION AND HARASSMENT 122. PLAINTIFFS reallege and incorporate Paragraphs 1 through 111.
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123. The foregoing actions of ASE constitute discrimination against PLAINTIFFS based upon their sex in violation of the Florida Civil Rights Act of 1992, §§ 760.01-760.11, Fla.Stat.
124. PLAINTIFFS are female and are therefore members of a protected class within the meaning of applicable law.
125. The disparate treatment and discrimination described herein was based on PLAINTIFFS’ sex and negatively affected the terms, conditions, and privileges of their employment.
126. PLAINTIFFS have suffered damages because of ASE’s actions. COUNT IV - FLORIDA CIVIL RIGHTS ACT OF 1992 CHAPTER 760, FLORIDA STATUTES RETALIATION
127. PLAINTIFFS reallege and incorporate Paragraphs 1 through 111. 128. The foregoing actions of ASE and FANNIN constitute retaliation against PLAINTIFFS in violation of the Florida Civil Rights Act of 1992, §§ 760.01-760.11, Fla.Stat. 129. PLAINTIFFS are female and are therefore members of a protected class within the meaning of applicable law. 130. The retaliation described herein was based on PLAINTIFFS’ exercise of rights protected by law to resist and oppose sexual discrimination, and to participate in actions calculated to redress these grievances. 131. PLAINTIFFS have suffered damages because of ASE’s actions.
COUNT V § 769.09, FLORIDA STATUTES, INDUCEMENT TO PROSTITUTION
14

132. PLAINTIFFS reallege and incorporate Paragraphs 1 through 111. 133. The foregoing actions of FANNIN and ASE include inducement for the purpose of causing PLAINTIFFS to engage in prostitution. 134. The foregoing actions of FANNIN and ASE included the offer or promise of money for sex and the exchange of tangible and intangible changes in the terms, conditions, and benefits of employment in return for sex. 135. PLAINTIFFS have suffered damages because of the actions of FANNIN and ASE.
COUNT VI NEGLIGENT RETENTION AND SUPERVISION 136. PLAINTIFFS reallege and incorporate Paragraphs 1 through 111. 137. ASE breached its duty to discipline or discharge FANNIN for actions constituting sexual harassment and battery under Federal and Florida law, and to have effective policies, procedures, and training concerning these matters. 138. As a direct and proximate result of the foregoing failures of ASE to properly discipline or discharge FANNIN, and to have effective policies, procedures, and training, PLAINTIFFS have suffered damages.
COUNT VII BATTERY 139. STEWART realleges and incorporates paragraphs 1 through 111. 140. The foregoing actions of FANNIN and ASE include unwanted and offensive touching of the person of STEWART against her will. 141. The foregoing actions of FANNIN and ASE were willful, wanton and in reckless disregard of STEWART’S rights.
15

142. STEWART has suffered damages because of the actions of FANNIN and ASE.
143. FANNIN and ASE should be punished to deter future violations. Prayer for Relief
WHEREFORE, PLAINTIFFS pray for the following relief: (a) that process issue and this Court take jurisdiction over this case; (b) judgment against ASE and FANNIN and for PLAINTIFFS awarding compensatory and punitive damages against ASE and FANIN on each count for their violations of law enumerated herein; (c) judgment against ASE and FANNIN and for PLAINTIFFS permanently enjoining ASE and FANNIN from future violations of law enumerated herein and remedying all past and future lost income, raises, and other benefits of which PLAINTIFFS have been unlawfully deprived; (d) prejudgment interest; (e) judgment against the ASE and FANNIN and for PLAINTIFFS awarding PLAINTIFFS their attorneys' fees and costs; and (f) such further relief as is equitable and just.
Jury Demand PLAINTIFFS demand trial by jury on all issues so triable.
Respectfully submitted, ___________________________ Andrea L. Reino, FL Bar No 427233 Richard E. Johnson, FL Bar No 858323 LAW OFFICES OF RICHARD E. JOHNSON 314 West Jefferson Street
16

Tallahassee, Florida 32301 850/425-1997 850/561-0836 facsimile
17

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Page 1 of 2

KIMENY BILLINGTON, EEOC, ELLEN GLASS, KAREN STEWART,

Plaintiffs, v.

CASE NO. 4:04-cv-00391-SPM-AK

ASSOCIATED SECURITY ENFORCEMENT INC,

Defendant. ___________________________/

O R D E R

This matter is before the Court on Plaintiff’s Emergency Motion to Compel

Defendants to Maintain Deposition Dates or Forfeit Depositions of Plaintiffs. (Doc. 17).

Plaintiffs have not provided the Court with authority for compelling their own depositions

or forcing a party to conduct depositions which they do not wish to conduct.

Consequently, insofar as the motion seeks this relief it is denied.

Nor is the Court familiar with any rules or case law which would support a finding

that a party forfeits its right to take the deposition of another party because of

professional discourtesy. The case cited by Plaintiffs is inapplicable to the facts at hand

since it involves a person employed by a party, not a party itself, and unusual

scheduling circumstances and delay that are not present in this case. In the present

case, sufficient time remains in the discovery period to complete these depositions and

three or four days cancellation notice may or may not be reasonable depending upon

the financial consequences to the Plaintiffs of which the Court has only generally been

Page 2 of 2
apprised. Inconvenience is, unfortunately, part of the costs of bringing a lawsuit. Nonetheless, the Court finds that Plaintiffs may be entitled to their reasonable expenses incurred as a result of Defendant’s cancellation. The Court does not find that preparation costs should be recouped since they would have had to prepare for these depositions anyway.
Accordingly, it is ORDERED: 1. Plaintiffs’ Emergency Motion to Compel (doc. 17) is DENIED. 2. Plaintiffs may file an Affidavit of Fees and Expenses incurred in the cancellation of their depositions. Defendants may respond thereto within ten days of service thereof. DONE AND ORDERED this 18th day of July, 2005
s/ A. KORNBLUM
ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE
Case No: 4:04-cv-00391-SPM-AK

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Page 1 of 3

EEOC, et al,

Plaintiffs, v.

CASE NO. 4:04-cv-00391-SPM-AK

ASSOCIATED SECURITY ENFORCEMENT INC,

Defendant. ___________________________/

O R D E R

This matter is before the Court on Plaintiffs’ Joint Motion to Compel Discovery,

Or In the Alternative Suppress Discovery Not Yet Produced By Defendant At Trial.

(Doc. 26). Having considered said motion and the response (doc. 28) thereto, the Court

is of the opinion that it should be GRANTED.

Also before the Court is Plaintiff EEOC’s Motion for Protective Order (doc. 25), to

which there has been no response, and which the Court also finds should be

GRANTED.

Motion to Compel

At issue in Plaintiffs’ motion are three types of documents from Defendant: (1)

supervisor’s log sheets between July 1, 2002, and June 10, 2003; (2) various security

post log sheets; and (3) work schedules for all employees during time period when

plaintiffs Glass and Billington worked. Although Plaintiffs’ motion includes a number of

other requests for production, the only argument made is as to these three types of

documents, and consequently, the Court will limit its ruling to these documents.

Page 2 of 3
Defendant responds that compiling the documents requested would require 80 to 100 hours of employee time and wants Plaintiff to post $2500 in an escrow account to cover these costs before production would ensue. The Court has read over all the exhibits attached to both the motion and the response and finds that this estimation of time and expense is not supported by the persons responsible for maintaining these records. Deposition excerpts of Sheri Barnes and Karen Stewart reveal that these records were kept by month, maintained for five years, and neither employee believed it would be burdensome to obtain them. Further, counsel for Plaintiffs agreed to accept Defendant Fannin’s offer to come peruse his filing cabinets and find and copy these documents themselves. This seems to be the easiest answer to the allegedly burdensome nature of the requests and any issue regarding confidentiality can be easily (and is in fact routinely) resolved by entry of a confidentiality order. Thus, the motion to compel is GRANTED, and the documents shall either be produced or access will be granted to Plaintiffs’ counsel for purposes of finding and copying these documents forthwith. If a confidentiality order is deemed necessary to protect some sensitive information contained in these files, the parties shall immediately begin negotiating the terms thereof and submit it to the Court for entry as soon as possible.
Plaintiffs also request an extension of the discovery deadline to allow time to study these documents and determine any other discovery necessary, but does not suggest a time frame. The Court will not venture to guess what additional time may be needed, but will instruct Plaintiffs to file a motion when they know what to ask for.
Case No: 4:04-cv-00391-SPM-AK

Motion for Protective Order

Page 3 of 3

Defendant noticed the deposition of Plaintiff’s counsel, Cheryl Cooper, and the

parties agreed to stay the deposition until the motion for protective order could be

resolved. Defendant, however, has not responded to Plaintiff’s motion and without

some clear and persuasive argument to the contrary, this Court will not order present

trial counsel to be deposed, and her motion for protective order is GRANTED.

DONE AND ORDERED this 14th day of October, 2005

s/ A. KORNBLUM
ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE

Case No: 4:04-cv-00391-SPM-AK

 
 IDDTED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

and KlME1'.~ BILLINGTON, ELLEN GLASS, and KAREN STEWART,
Plaintiff-Intervenors, v,

CIVIL ACTION NO, 4:04CV391-SPM

ASSOCIATED SECURITY ENFORCEMENT, INC., Defendant

VERDICT

I. COMPENSATORY DAMAGES

What amount of damages, if any, should be awarded to compensate Kimeny

Billington, Ellen Glass, Karen Stewart and Lydia Hall for tbe humiliation, emotional

pain, suffering, mental anguish and inconvenience caused by the Defendant's

discriminatory conduct?

Kimeny Billington $

Ellen Glass

$

Karen Stewart

$

Lydia Hall

$

2-5'}, 000. 35 I 000,
I

Page 1 of 2

II. BACK PAY

\\'hat amount of back pay, if any, should be awarded to compensate Kimeny

Billington and Karen Stewart for wages and benefits lost as a result of Defendant's

discriminatory conduct?

Kimeny Billington

Karen Stewart

III. PUNITIVE DAMAGES

What amount of punitive damages, if any, should be assessed against the

Defendant for its conduct towards Kimeny Billington, Ellen Glass, Karen Stewart and

Lydia HalI'?

Kimeny Billington Ellen Glass

$ 3l)W,CJC)O. $ 30q, 000.

Karen Stewart

$ 300,,000.

Lydia Hall

$ 3(f)Ot 000. i

SO SAY WE ALL.

Page 2 of 2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

Page 1 of 15

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,
ELLEN GLASS, KIMENY BILLINGTON, and KAREN STEWART,

CASE NO.: 4:04cv391-SPM/AK

Interveners,

v.

ASSOCIATED SECURITY ENFORCEMENT, INC.,

Defendant. _________________________________/

JUDGMENT FOR EQUITABLE RELIEF

This matter comes before the Court for consideration of Plaintiff EEOC’s

Post-Trial Motion for Injunctive Relief (doc. 65). A copy was mailed to Defendant

Associated Security Enforcement, Inc., but no response has been filed.

Plaintiff EEOC is entitled to injunctive relief in this case. Defendant

Associated Security Enforcement, Inc. defaulted on liability for discrimination. A

trial took place to establish damages. The evidence at trial showed that

Defendant Associated Security Enforcement, Inc. subjected Ellen Glass, Kimeny

Page 2 of 15
Billington, Karen Stewart, and Lydia Hall to severe and pervasive harassment based on sex throughout their employment with Defendant Associate Security Enforcement, Inc. Despite notice of the harassment, neither the owner and coowner of Defendant Associated Security Enforcement, Inc. made effort to remedy the situation. Instead, efforts were made to deny wrongdoing and manufacture false documentation to cover-up unlawful conduct. Associated Security Enforcement, Inc. falsified disciplinary write-ups of Kimeny Billington and Ellen Glass, and created false reasons for terminating Lydia Hall, Kimeny Billington, and Ellen Glass.
To remedy Defendant Associated Security Enforcement, Inc.’s past discrimination and to vindicate the public interest by preventing Defendant Associated Security Enforcement, Inc. from engaging in discrimination in the future,
IT IS ORDERED: 1. Plaintiff EEOC’s Post-Trial Motion for Injunctive Relief (doc. 65) is granted. 2. Defendant Associated Security Enforcement, Inc., its officers, assigns, and all persons acting in concert with it are hereby permanently enjoined from engaging in the future in any employment activities that discriminate against individuals on the basis of their sex in violation of Title VII of the Civil Rights Act of 1964, as amended.
CASE NO.: 4:04cv391-SPM/AK

Page 3 of 15
3. Defendant Associated Security Enforcement, Inc., its officers, assigns, and all persons acting in concert with it are hereby permanently enjoined from retaliating against any employees who seek or who have sought to enforce their federally protected rights, or who have participated in any manner in an investigation or proceeding under Title VII of the Civil Rights Act of 1964, as amended.
4. Defendant Associated Security Enforcement, Inc. shall, within ninety (90) days of this Order, create and distribute an anti-harassment and antiretaliation policy to all individuals currently employed by Defendant and to all of the management officials with supervisory authority over those employees.
5. Defendant Associated Security Enforcement, Inc. shall implement an annual half-day training session for the next four (4) years, the first occurring no later than 180 days from this Order, regarding Title VII’s anti-harassment and anti-retaliation policy, to be attended by all individuals currently employed by Defendant Associated Security Enforcement, Inc., and all of the management officials with supervisory authority over those employees. Each annual training thereafter must take place by July 30th. The training must be presented by a law firm or organization that specializes in the area of employment discrimination. Within thirty (30) days after each training session, Defendant Associated Security Enforcement, Inc., must provide the EEOC with a report that includes the date of the training, subjects discussed, materials used, and the names and job titles of
CASE NO.: 4:04cv391-SPM/AK

the individuals in attendance.

Page 4 of 15

6. Defendant Associated Security Enforcement, Inc., shall post a

laminated notice (text provided in Exhibit A) at its Tallahassee, Florida, facility for

a period of no less than three (3) years. The notice shall be 11 x 14 inches with

15 point font lettering, and posted in a conspicuous location accessible to all

employees (i.e., bulletin board of employee break room or where other employee

information is commonly posted). The notice shall be signed by the chief

executive officer of Defendant Associated Security Enforcement, Inc. and posted

within thirty (30) days of the date of this Order.

7. Defendant Associated Security Enforcement, Inc., shall file semi-

annual reports with the EEOC’s Miami District Office for a period of no less than

four (4) years regarding the receipt of any complaints of unlawful discrimination

or retaliation made by any employee of Defendant Associated Security

Enforcement, Inc. The reports must include the name of the individual making

the complaint(s), the nature of the complaint(s), and a description of all action

taken by the Defendant Associated Security Enforcement, Inc., to address the

complaint(s).

8. Defendant Associated Security Enforcement, Inc., shall give only

positive job references, if asked, stating that Lydia Hall, Kimeny Billington, Ellen

Glass, and Karen Stewart were good employees. Within thirty (30) days of this

order, Defendant Associated Security Enforcement, Inc. shall complete reference

CASE NO.: 4:04cv391-SPM/AK

Page 5 of 15
letters for Lydia Hall, Kiminey Billington, Ellen Glass, and Karen Stewart, and mail those letters to Cheryl A. Cooper, Senior Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, Suite 2700, Two South Biscayne Boulevard, Miami, Florida 33131. The letters shall be on company stationery and signed by Defendant Associated Security Enforcement, Inc.’s chief executive office, as attached in Exhibit B.
9. Defendant Associated Security Enforcement, Inc. shall, within thirty (30) days from this Order, remove and expunge from its records any termination warnings, reports, or disciplinary counseling documents regarding Lydia Hall, Kimeny Billington, Ellen Glass, and Karen Stewart. In addition, within thirty (30) days from this Order, Defendant Associated Security Enforcement, Inc. shall remove and expunge from the personnel files of Lydia Hall, Kimeny Billington, Ellen Glass, and Karen Stewart any documents referencing their termination or separation from employment.
10. Defendant Associated Security Enforcement, Inc. shall provide letters of apology to Lydia Hall, Kimeny Billington, Ellen Glass, and Karen Stewart. The letters shall be completed within thirty (30) days of this order and mailed to Cheryl A. Cooper, Senior Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, Suite 2700, Two South Biscayne Boulevard, Miami, Florida 33131. The letter shall be on company stationery and signed by the chief executive officer of Defendant Associated Security
CASE NO.: 4:04cv391-SPM/AK

Page 6 of 15
Enforcement, Inc. A suggested letter of apology is attached as Exhibit C. DONE AND ORDERED this 5th day of February, 2007.
s/ Stephan P. Mickle
Stephan P. Mickle United States District Judge
CASE NO.: 4:04cv391-SPM/AK

EXHIBIT A

Page 7 of 15

NOTICE POSTED PURSUANT TO COURT ORDER

This notice being posted as part of a Judgment entered by the Court in EEOC et al. v. Associated Security Enforcement, Inc., Civil Action No. 4:04cv391-SPM. The Court found that Associated Security Enforcement, Inc. discriminated against four women by engaging in and condoning sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”). Title VII protects individuals from employment discrimination based on race, religion, color, national origin, or sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. Associated Security Enforcement, Inc. shall not discriminate against employees in violation of Title VII. Furthermore, Associated Security Enforcement, Inc. assures employees that it supports Title VII and will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, sexual harassment and retaliation.

Associated Security Enforcement, Inc. assures employees that it supports Title VII and will not take any action against an individual because he or she has exercised rights under the law to oppose discriminatory acts or to file charges with the EEOC. Appropriate corrective action, to and including termination, based on the circumstances involved, shall be taken against any employee (including management personnel) found to have violated Associated Security Enforcement, Inc.’s policy prohibiting discrimination.

This notice shall remain posted for three (3) years from the date signed. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone the Miami District Office of the United States Equal Employment Opportunity Commission at 1-800-669-4000.

Signed this ____ day of February, 2007.

_______________________________________________ PRESIDENT/CEO, Associated Security Enforcement, Inc.

DO NOT REMOVE BEFORE FEBRUARY 2010.

[Date]

EXHIBIT B-1 [INSERT COMPANY LETTERHEAD]

Page 8 of 15

TO WHOM IT MAY CONCERN:
Lydia Hall was employed by Associated Security Enforcement from May 20, 2002, until August 9, 2002. She was an excellent receptionist. We wish her well in her future endeavors.
Sincerely,

[Signature] [Full Printed Name] PRESIDENT/CEO

NOTE:

IT IS ASSOCIATED SECURITY ENFORCEMENT, INC.’S POLICY NOT TO PROVIDE ANY INFORMATION REGARDING ITS FORMER EMPLOYEES EXCEPT THE INFORMATION PROVIDED ABOVE. ANY FURTHER INFORMATION REGARDING EMPLOYMENT SHOULD BE OBTAINED FROM THE NAMED FORMER EMPLOYEE.

[Date]

EXHIBIT B-2 [INSERT COMPANY LETTERHEAD]

Page 9 of 15

TO WHOM IT MAY CONCERN:
Kimeny Billington was employed by Associated Security Enforcement from July 1, 2002, until February 16, 2003. She was an excellent security guard. We wish her well in her future endeavors.
Sincerely,

[Signature] [Full Printed Name] PRESIDENT/CEO

NOTE:

IT IS ASSOCIATED SECURITY ENFORCEMENT, INC.’S POLICY NOT TO PROVIDE ANY INFORMATION REGARDING ITS FORMER EMPLOYEES EXCEPT THE INFORMATION PROVIDED ABOVE. ANY FURTHER INFORMATION REGARDING EMPLOYMENT SHOULD BE OBTAINED FROM THE NAMED FORMER EMPLOYEE.

[Date]

EXHIBIT B-3 [INSERT COMPANY LETTERHEAD]

Page 10 of 15

TO WHOM IT MAY CONCERN:
Ellen Glass was employed by Associated Security Enforcement from April 13, 2002, until June 10, 2003. She was an excellent security guard and roving patrol supervisor. We wish her well in her future endeavors.
Sincerely,

[Signature] [Full Printed Name] PRESIDENT/CEO

NOTE:

IT IS ASSOCIATED SECURITY ENFORCEMENT, INC.’S POLICY NOT TO PROVIDE ANY INFORMATION REGARDING ITS FORMER EMPLOYEES EXCEPT THE INFORMATION PROVIDED ABOVE. ANY FURTHER INFORMATION REGARDING EMPLOYMENT SHOULD BE OBTAINED FROM THE NAMED FORMER EMPLOYEE.

[Date]

EXHIBIT B-4 [INSERT COMPANY LETTERHEAD]

Page 11 of 15

TO WHOM IT MAY CONCERN:
Karen Stewart was employed by Associated Security Enforcement from May 5, 2003, until July 8, 2003. She was an excellent Human Resources Representative. We wish her well in her future endeavors.
Sincerely,

[Signature] [Full Printed Name] PRESIDENT/CEO

NOTE:

IT IS ASSOCIATED SECURITY ENFORCEMENT, INC.’S POLICY NOT TO PROVIDE ANY INFORMATION REGARDING ITS FORMER EMPLOYEES EXCEPT THE INFORMATION PROVIDED ABOVE. ANY FURTHER INFORMATION REGARDING EMPLOYMENT SHOULD BE OBTAINED FROM THE NAMED FORMER EMPLOYEE.

[Date]

EXHIBIT C-1 [INSERT COMPANY LETTERHEAD]

Page 12 of 15

Dear Lydia Hall:
Associated Security Enforcement, Inc acknowledges that its actions toward you violated Title VII of the Civil Rights Act of 1964, as amended. On behalf of Associated Security Enforcement, Inc., I apologize to you for our actions.
Sincerely,

[Signature] [Full Printed Name] PRESIDENT/CEO

[Date]

EXHIBIT C-2 [INSERT COMPANY LETTERHEAD]

Page 13 of 15

Dear Kimeny Billington:
Associated Security Enforcement, Inc acknowledges that its actions toward you violated Title VII of the Civil Rights Act of 1964, as amended. On behalf of Associated Security Enforcement, Inc., I apologize to you for our actions.
Sincerely,

[Signature] [Full Printed Name] PRESIDENT/CEO

[Date]

EXHIBIT C-3 [INSERT COMPANY LETTERHEAD]

Page 14 of 15

Dear Ellen Glass:
Associated Security Enforcement, Inc acknowledges that its actions toward you violated Title VII of the Civil Rights Act of 1964, as amended. On behalf of Associated Security Enforcement, Inc., I apologize to you for our actions.
Sincerely,

[Signature] [Full Printed Name] PRESIDENT/CEO

[Date]

EXHIBIT C-4 [INSERT COMPANY LETTERHEAD]

Page 15 of 15

Dear Karen Stewart:
Associated Security Enforcement, Inc acknowledges that its actions toward you violated Title VII of the Civil Rights Act of 1964, as amended. On behalf of Associated Security Enforcement, Inc., I apologize to you for our actions.
Sincerely,

[Signature] [Full Printed Name] PRESIDENT/CEO

 
 6/8/2017

CM/ECF - U.S. District Court:ﬂnd

CLOSED,CLERK_2,MEDIATION
U.S. District Court Northern District of Florida (Tallahassee) CIVIL DOCKET FOR CASE #: 4:04-cv-00391-SPM-AK

EEOC v. ASSOCIATED SECURITY ENFORCEMENT INC Assigned to: SENIOR JUDGE STEPHAN P MICKLE Referred to: MAGISTRATE JUDGE ALLAN KORNBLUM Cause: 28:1343 Violation of Civil Rights

Date Filed: 09/28/2004 Date Terminated: 07/07/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff EEOC

represented by CHERYL ANN-MARIE COOPER US EQUAL EMPLOYMENT OPPORTUNITY COMM - MIAMI FL 2 SOUTH BISCAYNE BLVD STE 2700 ONE BISCAYNE TWR MIAMI, FL 33131 305-808-1786 Fax: 305-808-1835 Email: cheryl.cooper@eeoc.gov LEAD ATTORNEY

KENNETH LAWRENCE GILLESPIE US EQUAL EMPLOYMENT OPPORTUNITY COMM - MIAMI FL 2 SOUTH BISCAYNE BLVD STE 2700 ONE BISCAYNE TWR MIAMI, FL 33131 305-530-6006 Fax: 305-536-4494 Email: kenneth.gillespie@eeoc.gov TERMINATED: 01/26/2005 LEAD ATTORNEY

ANDREA LYNN REINO RICHARD E JOHNSON PA TALLAHASSEE FL 314 W JEFFERSON ST TALLAHASSEE, FL 32301 850-425-1997 Fax: 850-561-0836 Email: andrear@nettally.com TERMINATED: 05/20/2010

Plaintiff

KIMENY BILLINGTON

represented by RICHARD ERROL JOHNSON

RICHARD E JOHNSON PA -

TALLAHASSEE FL

https://ecf.ﬂnd.uscourts.gov/cgi-bin/DktRpt.pl?94925046877032-L_1_0-1

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Plaintiff ELLEN GLASS
Plaintiff KAREN STEWART

CM/ECF - U.S. District Court:TﬂnAd LLAHASSEE FL 314 W JEFFERSON ST TALLAHASSEE, FL 32301 850-425-1997 Fax: 850-561-0836 Email: richard@nettally.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
ANDREA LYNN REINO (See above for address) TERMINATED: 05/20/2010
represented by RICHARD ERROL JOHNSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
ANDREA LYNN REINO (See above for address) TERMINATED: 05/20/2010
represented by RICHARD ERROL JOHNSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
ANDREA LYNN REINO (See above for address) TERMINATED: 05/20/2010

V. Defendant ASSOCIATED SECURITY ENFORCEMENT INC
https://ecf.ﬂnd.uscourts.gov/cgi-bin/DktRpt.pl?94925046877032-L_1_0-1

represented by FRED EUGENE PEARSON , JR LAW OFFICES OF FRED E PEARSON TALLAHASSEE FL 703 N MONROE ST TALLAHASSEE, FL 32303 850-222-9840 Fax: 850-222-8444 Email: fred@pearsonlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM R WATERS , JR WATERS & ASSOCIATES PA TALLAHASSEE FL 117 S GADSDEN ST TALLAHASSEE, FL 32301 850-692-3841 Fax: 850-692-3849
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Defendant ROBERT FANNIN TERMINATED: 03/01/2006

CM/ECF - U.S. District Court:ﬂnd
Email: bill@bwaterslaw.com TERMINATED: 02/09/2006 LEAD ATTORNEY
RICHARD FRANK MYERS LAW OFFICES OF FRED E PEARSON TALLAHASSEE FL 703 N MONROE ST TALLAHASSEE, FL 32303 850-222-9840 Fax: 850-222-8444 Email: frank@pearsonmyers.com ATTORNEY TO BE NOTICED
represented by ROBERT FANNIN PO BOX 18059 Tallahassee, FL 32318 PRO SE

Date Filed

# Docket Text

09/28/2004

1 COMPLAINT against ASSOCIATED SECURITY ENFORCEMENT INC , ﬁled by EEOC. Jury trial Demanded (deb, Gainesville) Modiﬁed on 9/30/2004 to include Jury demand (deb, Gainesville). (Entered: 09/30/2004)

09/28/2004

2 CIVIL COVER SHEET. (deb, Gainesville) (Entered: 09/30/2004)

09/28/2004

3 Summons Issued as to ASSOCIATED SECURITY ENFORCEMENT INC. (deb, Gainesville) (Entered: 09/30/2004)

12/10/2004

4 ANSWER to Complaint with Jury Demand by ASSOCIATED SECURITY ENFORCEMENT INC.(deb, Gainesville) (Entered: 12/14/2004)

12/14/2004

5 INITIAL SCHEDULING ORDER : Rule 26 Meeting Report due by 1/27/2005. Discovery due by 4/13/2005.. Signed by Judge STEPHAN P MICKLE on 12/14/04. (deb, Gainesville) (Entered: 12/14/2004)

01/10/2005

6 MOTION to Intervene by kimeny billington, ellen glass, karen stewart. (Attachments: # 1 Complaint)(REINO, ANDREA) (Entered: 01/10/2005)

01/10/2005

Set/Reset Deadlines as to 6 MOTION to Intervene - Response due by 1/28/2005 (tss, Gainesville) (Entered: 01/10/2005)

01/20/2005

7 REPORT of Rule 26(f) Planning Meeting. (bkp, Gainesville) (Entered: 01/21/2005)

01/24/2005

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notiﬁed that action is needed Re: 7 Report of Rule 26(f) Planning Meeting - request for extension of discovery to September 30, 2005 [170 days] (tss, Gainesville) (Entered: 01/24/2005)

01/25/2005

8 Consent MOTION to Substitute Attorney by EEOC. (COOPER, CHERYL) this pleading construed as a notice since both attorneys are with in the same ﬁrm Modiﬁed on 1/26/2005 (deb, Gainesville). (Entered: 01/25/2005)

03/07/2005

9 MEDIATION AND SCHEDULING ORDER Re: 7 Report of Rule 26(f) Planning Meeting:, Case referred to mediation. Discovery due by 9/30/2005. Dispositive Motions to be ﬁled by 10/18/2005 Jury Trial set for 1/16/2006 08:30 AM before JUDGE

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03/07/2005
03/08/2005 03/25/2005 04/20/2005 04/21/2005 04/26/2005

CM/ECF - U.S. District Court:ﬂnd
STEPHAN P MICKLE. Mediation Report due by 11/11/2005. Signed by Judge STEPHAN P MICKLE on 3/7/05. (deb, Gainesville) (Entered: 03/08/2005)
10 ORDER granting 6 Motion to Intervene directing the clerk to add Ellen Glass, Kimeny Billington and Karen Stewart as plaintiffs. Signed by Judge STEPHAN P MICKLE. (deb, Gainesville) (Entered: 03/08/2005)
11 Intervenor COMPLAINT , ﬁled by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART.(deb, Gainesville) (Entered: 03/08/2005)
12 NOTICE of Appearance by ANDREA LYNN REINO on behalf of all plaintiffs (REINO, ANDREA) (Entered: 03/25/2005)
13 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART, EEOC. (llt, Gainesville) (Entered: 04/21/2005)
ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notiﬁed that action is needed Re: 11 Intervenor Complaint (tss, Gainesville) (Entered: 04/21/2005)
14 AMENDED NOTICE of Hearing:

Jury Trial RESET for 1/17/2006 at 08:30 AM before JUDGE STEPHAN P MICKLE.

Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Ofﬁce at least one week prior to the hearing (or as soon as possible) so arrangements can be made.

s/ TiAnn Stark Courtroom Deputy Clerk(tss, Gainesville) (Entered: 04/26/2005)

05/17/2005

15 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 05/17/2005)

06/10/2005

16 NOTICE OF FILING ATTORNEY TIME by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART (REINO, ANDREA) (Entered: 06/10/2005)

07/15/2005

17 Emergency MOTION to Compel Defendants to Maintain Deposition Dates or Forfeit Depositions of Plaintiffs by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 07/15/2005)

07/18/2005

ACTION REQUIRED BY CHAMBERS: Chambers of Magistrate Judge Allan Kornblum notiﬁed that action is needed Re: 17 Emergency MOTION to Compel Defendants to Maintain Deposition Dates or Forfeit Depositions of Plaintiffs - MOTION REFERRED (tss, Gainesville) (Entered: 07/18/2005)

07/18/2005

18 ORDER denying 17 Motion to Compel; signed by Magistrate Judge ALLAN KORNBLUM. (tss, Gainesville) (Entered: 07/18/2005)

07/19/2005

19 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 07/19/2005)

07/20/2005

20 DOCKET ANNOTATION BY COURT: Notices of Cancellation of Depositions returned to Defendant (tss, Gainesville) (Entered: 07/20/2005)

07/20/2005

21 DISCOVERY ADVISORY: Re 20 Docket Annotation Counsels attention is directed to Federal Rule of Civil Procedure 5(d), which prohibits the ﬁling of discovery materials (including notices of deposition, deposition transcripts, interrogatories and interrogatory responses and notices thereof, production requests and responses and notices thereof, and

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08/10/2005 08/23/2005 09/13/2005 09/19/2005 09/20/2005
09/30/2005
10/03/2005
10/04/2005
10/11/2005 10/12/2005 10/13/2005 10/14/2005 10/17/2005 10/18/2005

CM/ECF - U.S. District Court:ﬂnd
admissions requests and responses and notices thereof) and disclosures under Rules 26(a) (1) and 26(a)(2), unless and until needed for consideration of pending motions by the court. This advisory serves as notice that no further discovery materials should be ﬁled and all discovery posting options have been removed from CMECF. (tss, Gainesville) (Entered: 07/20/2005)
22 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 08/10/2005)
23 NOTICE OF MEDIATION re Scheduling by EEOC(COOPER, CHERYL) (Entered: 08/23/2005)
24 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 09/13/2005)
25 MOTION for Protective Order Prohibiting the Deposition of EEOC's Trial Counsel and Supporting Memorandum of Law by EEOC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(COOPER, CHERYL) (Entered: 09/19/2005)
ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notiﬁed that action is needed Re: 25 MOTION for Protective Order Prohibiting the Deposition of EEOC's Trial Counsel and Supporting Memorandum of Law, MOTIONS REFERRED to Judge Kornblum (llt, Gainesville) (Entered: 09/20/2005)
26 Joint MOTION to Compel Discovery, Or In the Alternative Suppress Discovery Not Yet Produced By Defendant At Trial by EEOC. (Attachments: # 1 Exhibit Composite Exhibit A# 2 Exhibit Exhibit C# 3 Exhibit Exhibit D# 4 Exhibit Exhibit E# 5 Exhibit Exhibit F# 6 Exhibit Exhibit G# 7 Exhibit Exhibit B)(COOPER, CHERYL) (Entered: 09/30/2005)
27 NOTICE of Filing Inadvertently Omitted Attachments by EEOC re 26 Joint MOTION to Compel Discovery, Or In the Alternative Suppress Discovery Not Yet Produced By Defendant At Trial (Attachments: # 1 Exhibit Exhibit B 76-86# 2 Exhibit Exhibit B 101114# 3 Exhibit Exhibit B 149-205)(COOPER, CHERYL) (Entered: 10/03/2005)
ACTION REQUIRED BY CHAMBERS: Chambers of Judge Allan Kornblum notiﬁed that action is needed Re: 26 Joint MOTION to Compel Discovery, Or In the Alternative Suppress Discovery Not Yet Produced By Defendant At Trial, 27 Notice of Filing Inadvertently Omitted Attachments, MOTIONS REFERRED (deb, Gainesville) (Entered: 10/04/2005)
28 RESPONSE re 26 Joint MOTION to Compel Discovery, Or In the Alternative Suppress Discovery Not Yet Produced By Defendant At Trial, by ASSOCIATED SECURITY ENFORCEMENT INC. (cda, Gainesville) (Entered: 10/12/2005)
ACTION REQUIRED BY CHAMBERS: Chambers of Judge Allan Kornblum notiﬁed that action is needed Re: 28 Response (cda, Gainesville) (Entered: 10/12/2005)
29 ANSWER and Afﬁrmative Defenses of Defendants to Intervenor Complaint by ASSOCIATED SECURITY ENFORCEMENT INC.(cda, Gainesville) (Entered: 10/14/2005)
30 ORDER granting 26 Motion to Compel, granting 25 Motion for Protective Order . Signed by Judge ALLAN KORNBLUM. (cda, Gainesville) (Entered: 10/17/2005)
31 MEDIATION REPORT - Impasse. (cda, Gainesville) (Entered: 10/18/2005)
ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notiﬁed that action is needed Re: 31 Mediation Report - Impasse (cda, Gainesville) (Entered: 10/18/2005)

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11/14/2005 11/18/2005
12/16/2005 12/23/2005
01/02/2006 01/02/2006 01/04/2006 01/04/2006 01/04/2006 01/04/2006
01/06/2006

CM/ECF - U.S. District Court:ﬂnd
32 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (cda, Gainesville) (Entered: 11/14/2005)
33 PRETRIAL ORDER Pretrial Stipulation due by 1/3/2006 Jury Trial set for 1/17/2006 08:30 AM before JUDGE STEPHAN P MICKLE. Pretrial Conference set for 1/9/2006 08:30 AM before JUDGE STEPHAN P MICKLE. Signed by Judge STEPHAN P MICKLE on 11/18/05. (Attachments: # 1 pre-trial order attachment)(deb, Gainesville) Modiﬁed on 11/21/2005 to correct date ﬁled(tss, Gainesville). (Entered: 11/18/2005)
34 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 12/16/2005)
35 AMENDED NOTICE of Hearing:
Jury Trial RESET for 2/21/2006 at 08:30 AM before JUDGE STEPHAN P MICKLE.
Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Ofﬁce at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ TiAnn Stark Courtroom Deputy Clerk(tss, Gainesville) (Entered: 12/23/2005)
36 NOTICE of Appearance by ANDREA LYNN REINO on behalf of KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART (REINO, ANDREA) (Entered: 01/02/2006)
37 NOTICE of Appearance by RICHARD ERROL JOHNSON on behalf of KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (Clerk re-entered Notice of Appearance to reﬂect correct attorney ﬁling notice and adding attorney to case.) (cda, Gainesville) (Entered: 01/03/2006)
38 PRETRIAL Stipulation by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART, EEOC. (Attachments: # 1 Exhibit Exhibit A (Plaintiffs' Trial Exhibit List)) (COOPER, CHERYL) (Entered: 01/04/2006)
39 Proposed Jury Instructions by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART, EEOC. (COOPER, CHERYL) (Entered: 01/04/2006)
40 Proposed Verdict Form by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART, EEOC. (COOPER, CHERYL) (Entered: 01/04/2006)
41 AMENDED ORDER FOR PRE-TRIAL CONFERENCE AND SETTING TRIAL:Attorney Conference to be held no later than 1/16/2006. Pretrial Stipulation due by 1/30/2006. Pretrial Conference set for 2/6/2006 01:30 PM before JUDGE STEPHAN P MICKLE at Gainesville. Jury Trial set for 2/21/2006 08:30 AM before JUDGE STEPHAN P MICKLE at Tallahassee. Signed by Judge STEPHAN P MICKLE on 1/4/2006. (cda, Gainesville) (Entered: 01/05/2006)
42 AMENDED NOTICE of Hearing:
Pretrial Conference RESET for 2/9/2006 at 01:30 PM in Gainesville, Florida before JUDGE STEPHAN P MICKLE.
Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language

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interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Ofﬁce at least one week prior to the hearing (or as soon as possible) so arrangements can be made.

s/ TiAnn Stark Courtroom Deputy Clerk(tss, Gainesville) (Entered: 01/06/2006)

01/13/2006

43 First MOTION to Continue by ASSOCIATED SECURITY ENFORCEMENT INC. (WATERS, WILLIAM) (Entered: 01/13/2006)

01/17/2006

44 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 01/17/2006)

01/17/2006

45 RESPONSE in Opposition re 43 First MOTION to Continue Trial ﬁled by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART, EEOC. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(COOPER, CHERYL) (Entered: 01/17/2006)

01/18/2006

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P Mickle notiﬁed that action is needed Re: 45 Response in Opposition to Motion, 43 First MOTION to Continue (deb, Gainesville) (Entered: 01/18/2006)

01/30/2006 46 TRIAL BRIEF by EEOC. (COOPER, CHERYL) (Entered: 01/30/2006)

01/31/2006

47 ORDER denying 43 First MOTION to Continue Trial ﬁled by ASSOCIATED SECURITY ENFORCEMENT INC. Defendants shall have up to and including February 7, 2006 to ﬁle their portions of the pretrial stipulation. (Pretrial Stipulation due by 2/7/2006.) Signed by Judge STEPHAN P MICKLE on 1/31/2006. (cda, Gainesville) (Entered: 01/31/2006)

02/10/2006

48 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART, EEOC. (REINO, ANDREA) (Entered: 02/10/2006)

02/24/2006

49 ORDER granting oral motion to withdraw as counsel. Attorney WILLIAM R WATERS, JR terminated. All future correspondence and communication shall be sent directly to the defendants, ROBERT FANNIN and ASSOCIATED SECURITY ENFORCEMENT, INC., at Post Ofﬁce Box 180159, Tallahassee, Florida 32318. Signed by Judge STEPHAN P MICKLE on 2/24/06 nunc pro tunc 2/9/06. (deb, Gainesville) (Entered: 02/24/2006)

02/24/2006

50 ORDER - Defendants Associated Security Enforcement Inc and Robert Fannin have defaulted as to liability. Jury Trial on damages set for 3/7/2006 11:00 AM before JUDGE STEPHAN P MICKLE. Signed by Judge STEPHAN P MICKLE on 2/24/06 nunc pro tunc 2/9/06. (deb, Gainesville) (Entered: 02/24/2006)

02/28/2006

51 MOTION to Dismiss DEFENDANT ROBERT FANNIN by ELLEN GLASS, KAREN STEWART. (Response due by 3/20/2006) (REINO, ANDREA) (Entered: 02/28/2006)

03/01/2006

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notiﬁed that action is needed Re: 51 MOTION to Dismiss DEFENDANT ROBERT FANNIN (tss, Gainesville) (Entered: 03/01/2006)

03/01/2006

52 ORDER granting 51 Motion to Dismiss defendant Robert Fannin. Signed by Judge STEPHAN P MICKLE. (deb, Gainesville) (Entered: 03/01/2006)

03/07/2006

53 Minute Entry for proceedings held before Judge STEPHAN P MICKLE : Voir Dire held on 3/7/2006 (Court Reporter Lisa Girod Jones [USDC-Tallahassee]) (tss, Gainesville) (Entered: 03/07/2006)

03/07/2006

54 Minute Entry for proceedings held before Judge STEPHAN P MICKLE : First Day of Jury Trial held on 3/7/2006 - continued to March 8, 2006 (Court Reporter Lisa Girod

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03/07/2006 03/08/2006 03/08/2006 03/08/2006
03/08/2006 03/08/2006 03/08/2006 03/08/2006 03/15/2006 03/15/2006 04/07/2006
04/07/2006
04/07/2006

CM/ECF - U.S. District Court:ﬂnd
Jones [USDC-Tallahassee]) (tss, Gainesville) (Entered: 03/08/2006)
55 Exhibit List by PLAINTIFFS (tss, Gainesville) (Entered: 03/09/2006)
56 Jury Instructions (tss, Gainesville) (Entered: 03/09/2006)
57 Jury Box (tss, Gainesville) (Entered: 03/09/2006)
58 Minute Entry for proceedings held before Judge STEPHAN P MICKLE : Second and Final Day of Jury Trial - complete minutes attached (Court Reporter Lisa Jones [USDCTallahassee]) (Attachments: # 1 Jury Question 1# 2 Jury Question 2) (tss, Gainesville) (Entered: 03/09/2006)
59 Court's Exhibit and Witness List (tss, Gainesville) (Entered: 03/09/2006)
60 Receipt for Returned Evidence(tss, Gainesville) (Entered: 03/09/2006)
61 JURY VERDICT (redacted) (tss, Gainesville) (Entered: 03/09/2006)
62 Sealed Document - Unredacted Jury Verdict (tss, Gainesville) (Entered: 03/09/2006)
63 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 03/15/2006)
64 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 03/15/2006)
65 MOTION Post-Trial Motion for Injunctive Relief with Supporting Memorandum of Law by EEOC. (Attachments: # 1 Exhibit Exhibit A - Proposed Order# 2 Exhibit Exhibit B Transcript (Hall pp. 28-38)# 3 Exhibit Exhibit B - Transcript (Billington pp. 38-61)# 4 Exhibit Exhibit B - Transcript (Glass pp. 61-85)# 5 Exhibit Exhibit B - Transcript (Stewart/End pp. 85-101, 133-136)# 6 Exhibit Exhibit C - Notice# 7 Exhibit Exhibit D Letter of Reference# 8 Exhibit Exhibit E - Letter of Apology# 9 Exhibit Exhibit F W&O, Inc. d/b/a Rustic Inn Final Order)(COOPER, CHERYL) (Entered: 04/08/2006)
66 NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS regarding the Jury Selection proceeding held on March 7 2006 before Judge Stephan P Mickle by Court Reporter Lisa Jones
A transcript of a court proceeding is available for viewing at the Ofﬁce of the Clerk of Court in the above-captioned case. The parties have ﬁve (5) days to ﬁle with the clerk a Notice of Approval to File Transcript or a Notice of Intent to Request Redaction of this transcript. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter.
Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice. (Notice of Intent to Request Redaction or Notice of Approval to File Transcript due by 4/14/2006) (deb, Gainesville) (kdm). (kdm). (Entered: 04/11/2006)
67 NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS regarding the 1st day of Jury trial held on March 7, 2006 before Judge Stephan P Mickle by Court Reporter Lisa Jones
A transcript of a court proceeding is available for viewing at the Ofﬁce of the Clerk of Court in the above-captioned case. The parties have ﬁve (5) days to ﬁle with the clerk a Notice of Approval to File Transcript or a Notice of Intent to Request Redaction of this transcript. Any party needing to

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purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter.

04/07/2006

Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice. (Notice of Intent to Request Redaction or Notice of Approval to File Transcript due by 4/14/2006) (deb, Gainesville) (kdm). (Entered: 04/11/2006)
68 NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS regarding the 2nd Day of Jury Trial held on March 8, 2006 before Judge Stephan P Mickle by Court Reporter Lisa Jones

A transcript of a court proceeding is available for viewing at the Ofﬁce of the Clerk of Court in the above-captioned case. The parties have ﬁve (5) days to ﬁle with the clerk a Notice of Approval to File Transcript or a Notice of Intent to Request Redaction of this transcript. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter.

04/10/2006
04/12/2006 05/02/2006 05/12/2006

Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice. (Notice of Intent to Request Redaction or Notice of Approval to File Transcript due by 4/14/2006) (deb, Gainesville) (kdm). (Entered: 04/11/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P Mickle notiﬁed that action is needed Re: 65 MOTION Post-Trial Motion for Injunctive Relief with Supporting Memorandum of Law (deb, Gainesville) (Entered: 04/10/2006)

69 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 04/12/2006)

70 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 05/02/2006)

72

NOTICE OF NON-COMPLIANCE WITH REDACTION REQUIREMENTS

In order to comply with Judicial Conference privacy policies, each party must identify speciﬁed information needing redaction from those portions of a transcript for which the party is responsible. In order to ensure compliance with redaction requirements, this court requires each party to ﬁle, within ﬁve days after receiving notice of availability of a transcript, a notice either (a) stating that the relevant portion of the transcript requires no redaction, or (b) speciﬁcally identifying information for redaction. Defendants ROBERT FANNIN, ASSOCIATED SECURITY ENFORCEMENT INC, Plaintiffs KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART, EEOC has failed to ﬁle the required notice with respect to the transcript referenced in 67 Notice to Attorneys of Redaction Requirements,,,, 68 Notice to Attorneys of Redaction Requirements,,,, 66 Notice to Attorneys of Redaction Requirements,,,.

A sample form of the Notice of Intent to Redact and the Notice of Approval to File may be obtained at http://www.ﬂnd.uscourts.gov/forms/Attorney/notice_intent_request_redation.pdf. A description of the redaction requirements may also be obtained from the Northern District of Florida home page located at www.ﬂnd.uscourts.gov/.

This matter will be referred to the court for entry of an appropriate order requiring compliance or imposing sanctions unless a response is ﬁled by 5/26/2006. (deb, Gainesville) (Entered: 05/12/2006)

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05/26/2006

73 NOTICE of Intent to Request Redaction by EEOC Statement of Redaction to be ﬁled by 5/30/2006 (COOPER, CHERYL) (Entered: 05/26/2006)

06/14/2006

74 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 06/14/2006)

07/07/2006

75 CLERK'S JUDGMENT in favor of Plaintiffs and against Defendants entered on 7/7/06. (tss, Gainesville) (Entered: 07/07/2006)

07/07/2006

76 MOTION for Attorney Fees by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (Attachments: # 1 A# 2 B# 3 C# 4 # 5 E# 6 F# 7 # 8 # 9 # 10 J# 11)(REINO, ANDREA) (Entered: 07/07/2006)

07/10/2006

Set/Reset Deadlines as to 76 MOTION for Attorney Fees. (Internal deadline for referral to judge if response not ﬁled earlier: 7/28/2006) (deb, Gainesville) (Entered: 07/10/2006)

07/13/2006

77 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 07/13/2006)

08/10/2006

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P Mickle notiﬁed that action is needed Re: 76 MOTION for Attorney Fees (no responses ﬁled) (deb, Gainesville) (Entered: 08/10/2006)

08/16/2006

78 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 08/16/2006)

09/15/2006

79 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 09/15/2006)

10/16/2006

80 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 10/16/2006)

11/14/2006

81 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART, EEOC. (REINO, ANDREA) (Entered: 11/14/2006)

12/14/2006

82 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 12/14/2006)

12/14/2006

83 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 12/14/2006)

12/29/2006

84 ORDER granting 76 Motion for Attorney Fees;signed by Judge STEPHAN P MICKLE on 12/29/06. (tss) (Entered: 12/29/2006)

02/05/2007

85 JUDGMENT FOR EQUITABLE RELIEF - see order for details. Signed by Judge STEPHAN P MICKLE on 2/5/07. (deb) (Entered: 02/06/2007)

02/21/2007

86 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 02/21/2007)

02/21/2007

87 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (Attachments: # 1) (REINO, ANDREA) (Entered: 02/21/2007)

02/21/2007

88 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 02/21/2007)

03/09/2007

89 NOTICE OF ATTORNEY APPEARANCE (MYERS, RICHARD) Modiﬁed on 3/9/2007 to identify proper document(tss, Gainesville). (Entered: 03/09/2007)

03/09/2007 90 RESPONSE to 85 Judgment by BRUNHILDE FANNIN,as former corporate ofﬁcer of

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03/09/2007 03/15/2007 03/15/2007
04/10/2007 04/10/2007 09/19/2007 09/19/2007
01/15/2008 01/15/2008 06/13/2008 06/13/2008 07/15/2008 07/15/2008 02/12/2009 02/12/2009 03/10/2009 03/10/2009 05/14/2010 05/14/2010

CM/ECF - U.S. District Court:ﬂnd
ASSOCIATED SECURITY ENFORCEMENT, INC (MYERS, RICHARD) (Entered: 03/09/2007)
ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notiﬁed that action is needed Re: 85 Judgment and 90 Response (tss) (Entered: 03/09/2007)
91 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 03/15/2007)
92 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (Attachments: # 1 attorney time records) (REINO, ANDREA) (Entered: 03/15/2007)
93 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 04/10/2007)
94 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (REINO, ANDREA) (Entered: 04/10/2007)
95 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART, EEOC. (JOHNSON, RICHARD) (Entered: 09/19/2007)
96 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART, EEOC. (JOHNSON, RICHARD) (Entered: 09/19/2007)
97 ATTORNEY TIME RECORDS by KIMENY BILLINGTON. (JOHNSON, RICHARD) (Entered: 01/15/2008)
98 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON. (JOHNSON, RICHARD) (Entered: 01/15/2008)
99 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 06/13/2008)
100 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 06/13/2008)
101 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 07/15/2008)
102 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 07/15/2008)
103 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 02/12/2009)
104 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 02/12/2009)
105 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 03/10/2009)
106 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 03/10/2009)
107 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 05/14/2010)
108 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 05/14/2010)

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05/18/2010 05/18/2010
05/20/2010
06/15/2010 06/15/2010 09/14/2010 09/14/2010 10/15/2010 10/15/2010 12/14/2010 12/14/2010 01/14/2011 01/14/2011 04/13/2011 04/13/2011 05/11/2011 05/11/2011 07/15/2011 07/15/2011

CM/ECF - U.S. District Court:ﬂnd
109 NOTICE of Withdrawal of Counsel by KIMENY BILLINGTON, EEOC (JOHNSON, RICHARD) (Entered: 05/18/2010)
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE STEPHAN P MICKLE notiﬁed that action is needed Re: 109 NOTICE of Withdrawal of Counsel. (kdm) (Entered: 05/18/2010)
110 ORDER GRANTING 109 NOTICE of Withdrawal of Counsel. Signed by CHIEF JUDGE STEPHAN P MICKLE on 5/20/2010. Andrea Reino is granted leave to withdraw. Ms. Reino should no longer receive notice of pleadings or ﬁlings in this case. Plaintiffs continue to be represented by Richard E. Johnson and the Law Ofﬁce of Richard E. Johnson, P.A. (kdm) (Entered: 05/20/2010)
111 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 06/15/2010)
112 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 06/15/2010)
113 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 09/14/2010)
114 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 09/14/2010)
115 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 10/15/2010)
116 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 10/15/2010)
117 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 12/14/2010)
118 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 12/14/2010)
120 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 01/14/2011)
121 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 01/14/2011)
122 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 04/13/2011)
123 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 04/13/2011)
124 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 05/11/2011)
125 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 05/11/2011)
126 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 07/15/2011)
127 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 07/15/2011)

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08/15/2011
08/15/2011

CM/ECF - U.S. District Court:ﬂnd
128 ATTORNEY TIME RECORDS by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 08/15/2011)
129 ATTORNEY TIME RECORDS - SEALED PORTION by KIMENY BILLINGTON, ELLEN GLASS, KAREN STEWART. (JOHNSON, RICHARD) (Entered: 08/15/2011)

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 Jury Orders Associated Security to Pay $1.34 Million for Sexual Haras...

http://www.eeoc.gov/press/3-10-06.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE March 10, 2006

CONTACT:

Federico Costales District Director
or Delner Franklin-Thomas Regional Attorney (305) 808-1848 (305) 808-1853 (305) 240-1017 – cell

JURY ORDERS ASSOCIATED SECURITY TO PAY $1.34 MILLION FOR SEXUAL HARASSMENT AND RETALIATION

EEOC Said Women were Subjected to Verbal and Physical Abuse by Company’s Owner
MIAMI – A jury in federal district court in Tallahassee, Florida, has returned a $1.34 million verdict in a sexual harassment and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) against Associated Security Enforcement, Inc. under Title VII of the 1964 Civil Rights Act, the agency announced today.
The EEOC’s lawsuit, filed in 2004, charged the security company with subjecting four female former employees to a sexually hostile workplace from May 2002 until July 2003 at the company’s location in Tallahassee. The harassment took the form of egregious acts of verbal and physical sexual conduct on the part of one of the company’s owners. The EEOC says that Associated Security failed to take necessary steps to stop the harassment, despite complaints to the company’s co-owner. The law firm of Richard Johnson, P.A. joined the EEOC suit as private counsel for three of the women (EEOC, et al. v. Associated Security Enforcement, Inc. Civil Case No. 4:04cv391-SPM).
After a two-day trial, the jury rendered an award in favor of the EEOC and private plaintiffs, providing $35,000 each to two of the four women and $25,000 each to the other two women to compensate them for the emotional pain and suffering they endured. The jury also assessed punitive damages against Associated Security in the amount of $300,000 each for all four women. In addition, the jury granted plaintiffs’ request for back pay totaling approximately $17,000 for two of the women.
The harassment included the company’s owner groping one of the women’s breasts; requesting sex in exchange for money; inviting the women for overnight stays; and frequently requesting oral sex. The EEOC asserted that the women repeatedly rebuffed the owner’s sexually offensive conduct and complained directly to the co-owner of the company; however, the corporate defendant failed to implement corrective action. Further, one of the female victims was the company’s former human resources officer. She testified that the company owner tried to cover up the illegal conduct by ordering her to falsify the personnel records of the claimants who had filed sexual harassment charges with the EEOC.
Delner Franklin-Thomas, EEOC’s regional attorney for the Miami District Office, said: “This jury’s punitive damages award sends a clear message to employers that individuals have a right to work in an environment free of sexual harassment and that companies cannot avoid the duty to comply with the law -- even when the harasser is the highest management official in the company.”
Lydia Hall, one of the claimants in the lawsuit, said that she was very pleased with the jury’s verdict and the EEOC’s willingness to advance the lawsuit.
EEOC Miami District Director Federico Costales said: “We are confident this verdict will encourage employers to be vigilant in their efforts to adopt policies and procedures that prohibit sex discrimination and retaliation in the workplace – which benefits employers and employees alike.”
In addition to enforcing Title VII, as amended, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) or national origin and protects employees who complain about such offenses from retaliation, the EEOC enforces the Age Discrimination in Employment Act of 1967, which protects workers age 40 and older from discrimination on the basis of age; the Equal Pay Act of 1963, which prohibits gender-based wage discrimination; the Rehabilitation Act of 1973, which prohibits employment discrimination against people with disabilities in the federal sector; Title I of the Americans with Disabilities Act of 1990, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency’s web site at www.eeoc.gov.

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