. Case 6:98-cv-01166-ACC Document 19

Filed 12/17/1999

Page 1 of 11
- t. f ,

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

99 C~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

nlUuLE!
ORl

I .-~~L'!\' J,\

Plaintiff,
v.

Case No. 98-1166-CIV-ORL-22B

KANON SERVICE CORPORATION,
Defendant. /

CONSENT DECREE

1. This Consent Decree (the "Decree") is made and entered into by and between Plaintiff,

the Equal Employment Opportunity Commission, (hereinafter referred to as the "Commission" or

"EEOC") and Defendant, Kanon Service Corporation (hereinafter referred to as ("Kanon"). The

Commission and Kanon are collectively referred to as "the Parties".

2. On June 22, 1998, the Commission initiated this action by filing a Complaint which

alleged that Kanon violated Title VII ofthe Civil Rights Act of 1964, and Title I ofthe Civil Rights

Act of 1991,42 U.S.C. Section 2000e et. seq. ("Title VII"). In part, the Commission's Complaint

alleged that Kanon violated Title VII, when it discharged Michael A. Blacksher from his position

as Supervisor of Cabin Services because of his religion, Seventh Day Adventist, which prohibited

him from working on Saturdays. Kanon denies these allegations and does not admit liability for a

violation of Title VII.

3. In the interest ofresolving this matter and as a result ofhaving engaged in comprehensive

" '' :' "

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settlement negotiations, the Parties have agreed that this action should be l\fl,a~y reso:vedby't1i~:~

,...., ......... "

L, .~ 1...1_

......

Case 6:98-cv-01166-ACC Document 19 Filed 12/17/1999 Page 2 of 11
entry ofthis Decree. This Decree is final and binding upon the Parties, their successors and assigns. 4. The Parties agree that this Decree resolves all claims arising out ofEEOC Charge Number
150-95-0632, and the Complaint filed in this action, and constitutes a complete resolution of all claims under Title VII made by the Commission in this action. The Parties further agree that this Decree does not resolve any charges of discrimination that may be pending with the EEOC other than the charges referred to in this paragraph.
5. This Decree constitutes the complete agreement between the EEOC and Kanon with respect to the matters referred to herein. No representations or inducements to compromise this action have been made, other than those recited or referred to in the Decree. No waiver, modification or amendment ofany provision ofthis Decree shall be effective unless made in writing, approved by all parties to this Decree and approved by the Court.
NOW THEREFORE, the Court having carefully examined the terms and provisions ofthis Consent Decree, and based upon the pleadings filed by the Parties, it is ORDERED AND DECREED THAT:
This Court has jurisdiction of the subject matter of this action and over the parties for the purpose of entering into and enforcing this Decree.
GENERAL INJUNCTIVE PROVISIONS 6. Defendant, Kanon, its officers, managers, employees, partners, and agents are enjoined from engaging in any employment activities which discriminate against individuals on the basis of their religion in violation of Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991. Specifically, the Defendant shall not use religion as a basis for hiring or firing any employee or potential employee. 7. Defendant Kanon, its officers, managers, employees, partners, and agents are enjoined
2

Case 6:98-cv-01166-ACC Document 19 Filed 12/17/1999 Page 3 of 11
from discriminating against any individual who opposes any of Defendant's practices which the employee believes to be in violation of Title VII; who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation, proceeding and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case.
TRAINING 9. Defendant Kanon has established a written policy of compliance with Title VII. Defendant Kanon's Title VII compliance policy is attached hereto as Exhibit A. Kanan agrees to provide a complete copy of its Title VII policy to all of its employees by January 15,2000. 10. In order to further insure the effective implementation of Defendant Kanon's antidiscrimination policy, Kanon will conduct training for all ofits managers and supervisory personnel on all aspects of Title VII on an anual basis. Such training will be at least two hours in length and the annual sessions will be conducted, respectively, by March 1,2000; March 1,2001; and March 1, 2002, throughout the duration of this Decree. Kanon agrees to provide the EEOC, at least two weeks written notice before it conducts its training session(s), with the date and location of the training, copies of all training materials to be used at the training session. the name of the individual(s) who will be providing the training and a list ofthe names and titles ofeach employee who will be in attendance at the training. Additionally. Kanon agrees that the EEOC may. at the EEOC's discretion, attend any of the training session(s).
POSTING 11. Defendant Kanon will post by January 15.2000. the General Notice of Rights against
3

Case 6:98-cv-01166-ACC Document 19 Filed 12/17/1999 Page 4 of 11
Employment Discrimination, attached hereto as Exhibit B and the Specific Notice against Employment Discrimination, attached hereto as Exhibit C. Said notices shall both be posted in a conspicuous location at Kanon facilities until December 31, 2002.
MONITORING 12. Defendant Kanon shall by January 15, 2000, sign five original employment reference letters, attached hereto as Exhibit D, on behalf of Michael A. Blacksher, and at the same time provide all original signed letters to Michael A. Blacksher and a signed copy to the EEOC. 13. Defendant Kanon will retain all employment records, including but not limited to, all documents regarding termination of employees, as required under federal law. 14. Defendant Kanon will provide a copy of this Decree to any employee who requests it. 15. Defendant Kanon will certify to the EEOC by November 151 ofeach year throughout the duration of this Decree that it is in compliance with all aspects of this Consent Decree.
MONETARY RELIEF 16. Defendant Kanon shall pay Michael A. Blacksher $15,282.00 in back pay, less amounts required to be withheld for federal, state and local taxes and withholdings. Kanon shall be responsible for the payment of the employer's share of any federal, state or local taxes due without deduction from these stated damages. Defendant Kanon agrees to pay the aforesaid amount to Michael A. Blacksher in full by way ofthree scheduled payments in order to fulfill the terms of this Decree. Each payment is to be sent by certified mail with a return receipt requested. Defendant Kanon agrees to simultaneously provide the Miami District Office ofthe EEOC with a copy ofeach payment or checks as well as a copy of the certified mail notice. Said copies shall be forwarded to the attention of Pamela Pride-Chavies, EEOC Senior Trial Attorney, U.S. Equal Employment Opportunity Commission, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131. The first
4

Case 6:98-cv-01166-ACC Document 19 Filed 12/17/1999 Page 5 of 11
payment to Michael A. Blacksher shall be made in the amount of eight thousand five hundred dollars, ($8,500.00), will be made before December 24, 1999. The second and third payments in equal amounts of three thousand three hundred and ninety-one dollars ($3391.00) shall be paid to Michael A. Blacksher by January 24, 2000, and by February 24, 2000, by certified mail with a return receipt requested.
17. If Defendant Kanon fails to tender the abovementioned payments to Michael A. Blacksher at the designated times stated herein, the Defendant shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
DISPUTE RESOLUTION 18. In the event that any ofthe Parties to this Decree believes that a Party has failed to comply with any provisions(s) ofthis Decree, the complaining Party shall notify the alleged noncomplying Party in writing of such non-compliance and afford the alleged non-complaining Party ten (10) business days to remedy the non-compliance or satisfy the complaining Party that it has complied. If the dispute is not resolved within ten (10) business days the complaining Party may apply to the Court for appropriate relief.
ENFORCEMENT OF DECREE 19. The Commission shall have independent authority to seek the judicial enforcement of any aspect, tenn or provision of this Decree. 20. The Court will take whatever measures it deems appropriate to effectuate the enforcement of the tenns of this Decree.
5

Case 6:98-cv-01166-ACC Document 19 Filed 12/17/1999 Page 6 of 11
COSTS 21. Each Party shall bear its own costs and anomeys' fees associated with this hugation.
DURATION OF CONSENT DECREE 22. The duration ofthis Decree shall be three(3J years, untt! December 31, 2002. During (hat umc, this Coun shall retainjurisdiction over this maner and thl! Parnes for purposes ofenforcing compliance of the Decret!, includmg any such orders as may be required [0 effecmate irs pllrpOSt:S The foregoing IS therefore, ORDERED, ADJUDGED AND DECREED, this-.l1 ::: of December, 1999.
Umted Slates District Judg\!

Agree To:

For The Plaintiff,

UNITED STATES EQUAl.&MPYMENT OPPORTUNITY CO , SION

Date Decemher 16, 1999 Delner Franklin-Thomas

~ / /J ~

Regional Attorney

U.S Equal Employment opportlmity Commission

Miami District Office

Ont! Biscayne Tower, SUIte 2700

2 South Biscayne Boulevard

MlamI, Florida 33131

Agree To· For The Defendant KANON SERVICE CORPO~.;..;RA~T~~_

Date: Decembt!r _.1999 /' ///7._ /?~~ Teresa Adamson Hemnan ~ ero Mllller, Mintz, Ko ich Caldwell, Casey, Crosland & Bramniek P .A.. CitJ11s Center, Suite 1525 755 SOUIh Orange Avenue

6

'- Case 6:98-cv-01166-ACC Document 19
Orlando, Florida 32801
Attorney for Defendant Kanon Service Corporation

Filed 12/17/1999

Page 7 of 11

Kanon Consent Decree

Case 6:98-cv-01166-ACC Document 19 Filed 12/17/1999 Page 8 of 11
.'
EQUAL EMPLOYMENT OPPORTUNITY
Kanon Service Corporation provides equal employment opportunities to all employees and applicants for employment without regard to race, COIOf, religio~ sex, national origin, age, disability, or status as a Vietnam-era or special disabled veteran in accordance with applicable federal laws. In addition, Kanon Service Corporation complies with applicable state and local laws governing nondiscrimination in employment in every location in which Kanon Service Corporation operates or has facilities. This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, tennination, layoff, recall, transfer, leaves of absence, compensation, and training.

Equal Employll1erlt Opportunity is Case 6:98-cv-01166-ACC Document 19 Filed 12/17/1999 Page 9 of 11
THE LAW

Employers Holding Federal Contracts or Subcon tracts
Applicants to and employees of companies with a Federal government contract or subcontract are protected under the following Federal authorities:
RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN
Executive Order I 1246. as amended. prohibits job discrimination on the basis of race. color. religion. sex or national origin. and requires affirmative action to ensure equality of opportunity in all aspects of employment.
INDIVIDUALS WITH HANDICAPS
Section 503 of the Rehabilitation Act of 1973. as amended. prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified individuals with handicaps who. with reasonable accommodation. can perform the essential functions of a job.
VIETNAM ERA AND SPECIAL DISABLED VETERANS
38 U.S.C. 4212 ofthe Vietnam Era Veterans Readjustment Assistance Act of 1974 prohibits job discrimination and requires affirmative action to employ and advance in employment qualified Vietnam era veterans and qualified special disabled veterans.
Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately:
The Office of Federal Contract Compliance Programs (OFCCP). Employment Standards Admmistratlon. U.S. Department of Labor. 200 Constitution Avenue. N.W. Washmgton. D.C. 20210 or call (202) 523-9368. or an OFCCP regional or district office. listed in most telephone directories under U.S. Government. Department of Labor.

Private Employn1ent, State and Local Go\'ernmen ts, Educational Institutions
Applicants to and employees of most private employers. state and local governments. educational institutions. employment agencies and labor organizations are protected under the following Federal laws:
RACE, COLOR, RELIGION. SEX, NATIONAL ORIGIN
Title VII of the Civil Rights Act of 1964. as amended. prohibits discrimination in hiring. promotion, discharge, pay. fringe benefits, lob training, classification. referral. and other aspects of employment. on the basis of race, color. religion. sex or national origin.
DISABILITY
The Americans with Disabilities Act of 1990. as amended. protects qualified applicants and employees with disabilities from discrimination in hiring. promotion. discharge, pay. job training, fringe benefits. classification. referral. and other aspects of employment on the basis of disability. The law also requires that covered entities provide qualified applicants and employees with disabilities with reasonable accommodations that do not impose undue hardship.
AGE
The Age Discrimination in Employment Act of 1967. as amended, protects applicants and employees 40 years of age or older from discrimination on the basis of age in hiring. promotion. discharge, compensation, terms. conditions or privileges of employment.
SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act (see above). the Equal Pay Act of 1963. as amended. prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.
Retaliation against a person who files a charge of discrimination. participates in an investigation. or opposes an unlawful employment practice is prohibited by all of these Federal laws. If you believe that you have been diSCriminated against under any of the above laws. you immediately should contact: The U.S. Equal Employment Opportunity Commission (EEOC). 1801 L Street. N.W. Washington. D.C. 20507 or an EEOC field office by calhng toll free (800) 669-4000. For Individuals with hearing Impairments. EEOC's toll free TOO number is (800) 800-3302.

Programs or Activities Recei\'ing Federal Financial Assistance
RACE. COLOR, NATIONAL
ORIGIN, SEX
In addition to the protection of Title VII of the Civil Rights Act of 1964. Title VI of the Civil Rights Act prohibits discrimination on the basis of race. color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment. or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal assistance.
INDIVIDUALS WITH
HANDICAPS
Section 504 of the Rehabilitation Act of 1973. as amended. prohibits employment discrimination on the basis of handicap in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against handicapped persons who. with reasonable accommodation. can perform the essential functions of a job.
If you believe you have been discriminated against in a program of any institution which receives Federal assistance. you should contact immediately the Federal agency providing such assistance.

Case 6:98-cv-01166-ACC Document 19 Filed 12/17/1999 Page 10 of 11
POSTED PURSUANT TO A CONSENT DECREE .APPROVED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA. ORLANDO DIVISION
Pursuant to Title VII ofthe Civil Rights Act of 1964, as amended, discharging an individual because ofhislher religious beliefs can constitute discrimination violation ofTitle VII. Kanon will not discriminate against its employees in violation of Title VII. Specifically, Kanon assures its employees that it will not tolerate religious discrimination in the workplace. This Notice is posted as a result of Equal Employment Opportunity Commission v. Kanon Service Corporation. Civil Action Number 98-1166-CIV-ORL-22B.
Title VII also protects individuals from discrimination in employment because ofrace, color, sex or national origin. This includes protection against discrimination in firing, discipline, hiring, fringe benefits, pay and other terms and conditions of employment.
It is also unlawful for an employer to retaliate in any manner against any person because of their opposition to any practice declared unlawful under Title VII.
Kanon Service Corporation assures its employees and applicants that it will comply with Title VII and will not take any action against individuals because they have exercised their rights under this law. Employees and applicants for employment with Kanon Service Corporation, who have questions about their rights under Title VII may telephone the EEOC's toll free Hot Line at 1-800-USA-EEOC ~fteek ilwllti~or (305)536-4491.
This notice shall remain posted for three (3) years from the date signed. Signed this _ day of _ _ _, 1999.
Y.C. Lee
Vice President, Kanon Service Enterprises Corporation

Case 6:98-cv-01166-ACC Document 19 Filed 12/17/1999 Page 11 of 11
[Defendant's Letterhead Inserted Here]
EXHffiITD
To Whom It May Concern: This letter is to recommend Michael A. Blacksher for a position of employment. Mr. Blacksher previously worked at the Kanon Service Enterprises Corporation as both a Cabin Service Supervisor and as an Inventory Specialist. During the time he was employed with us he perfonned his job proficiently. professionally and as expected in his supervisory capacity. Mr. Blacksher is the type of individual who your company should find a pleasure to employ.
Sincerely yours.
Y.c. Lee
Vice President. Kanon Service Enterprises Corporation

 
 Case 1:98-cv-01459-DLG Document 1 Entered on FLSD Docket 06/23/1998 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
KANON SERVICE CORPORATION,
Defendant.

)

)

)

CJ v. )

)

CIVIL ACTION

G R A H A M

)

MAGISTRAT~ JUDGil

)

COMPLAINT

DUBE

)

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 religion and to provide appropriate relief to Michael A. Blacksher who was adversely affected by such practices. The Commission alleges that Kanon Service Corporation violated Title VII of the Civil Rights Act of 1964, as amended, when it discharged Michael A. Blacksher, a member of the Seventh Day Adventist Church because his religion prohibited him from working on Saturdays.

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 §§ 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(l) and (3) ("Title VII") and §102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.

Case 1:98-cv-01459-DLG Document 1 Entered on FLSD Docket 06/23/1998 Page 2 of 7
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Orlando Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by §§ 706 (f)(l) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant, Kanon Services Corporation (the "Employer"), has continuously been a Florida Corporation doing business in the State of Florida and the City of Orlando, 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).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Michael A. Blacksher 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.
2

Case 1:98-cv-01459-DLG Document 1 Entered on FLSD Docket 06/23/1998 Page 3 of 7
7. Since at least September 1994, Defendant Employer engaged in unlawful employment practices at its Orlando, Florida facility, in violation of Section §§703(a)(l) of Title VII, 42 U.S.C. §§2000e-2(a)(l) when it discharged Michael A. Blacksher because he refused to appear at work on Saturday, October 1, 1994.
8. At all relevant times Michael A. Blacksher was a member of the Seventh Day Adventist religion, which prohibits work on Saturdays.
9. Defendant Employer failed to accommodate Michael A. Blacksher, although an accommodation would not have constituted an undue hardship in his need to have Saturdays off to observe his religion. Instead, Michael A. Blacksher was discharged on October 2, 1994, for being absent on Saturday, October 1, 1994.
10. The effect of the practice complained of in paragraphs 7-9 above has been to deprive Michael A. Blacksher of equal employment opportunities and otherwise adversely affect his status as Cabin Supervisor because of his religion.
11. The unlawful employment practices complained on in paragraphs 7-9 were intentional.
12. The unlawful employment practices complained of in paragraphs 7-9 were willful and performed with malice and/or with reckless indifference to the federally protected rights of Michael A. Blacksher.
3

Case 1:98-cv-01459-DLG Document 1 Entered on FLSD Docket 06/23/1998 Page 4 of 7
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 the discharge of an individual based upon religious beliefs or practices, or engaging in any other employment practices which discriminate on the basis of religion. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for Michael A. Blacksher and other similarly situated individuals who hold religious beliefs, in an effort to eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Michael A. Blacksher, by providing appropriate backpay 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 Michael A. Blacksher. D. Order Defendant Employer to make whole Michael A. Blacksher, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7-9 above, including but not limited to, out of pocket losses suffered by Michael A. Blacksher such as medical, job search, relocation, and transportation expenses, in amounts to be determined at trial.
4

Case 1:98-cv-01459-DLG Document 1 Entered on FLSD Docket 06/23/1998 Page 5 of 7

E. Order Defendant Employer to make whole Michael A. Blacksher, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices complained of in paragraphs 7-9 above, including but not limited to, emotional pain, suffering, inconvenience, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Employer to pay Michael A. Blacksher punitive damages for its malicious and reckless conduct described in paragraphs 7-9 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted,
C. GREGORY STEWART General Counsel
GWENDOLYN REAMS Deputy General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney

( )'

) (· l \.--'-'<

EVE LOWE Supervisory Trial Attorney

5

Case 1:98-cv-01459-DLG Document 1 Entered on FLSD Docket 06/23/1998 Page 6 of 7
PAMELA PRIDE-CHAVIES ESQ. Senior Trial Attorney Florida Bar Number 497010 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE One Biscayne Tower 2 South Biscayne Boulevard Suite 2700 Miami, FL 33131 (305)530-6002 (305)530-6000
6

JSC44ase 1:98-cv-01459-DLG
(Rev. 07/89)

DocumentC1IVILECnOteVreEdRoSnHFELESTD Docket 06/23/1998

Page 7 of 7

DEFENDANTS cIv•GRAHAM The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. except as provided by local
rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket
sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FOR .)

I (a) PLAINTIFFS

EQUAL EMPIDYMENT OPFO

I~SJ;ON

KANJN SERVICE CDRPORATION

. :II

l\lAGISTRATE, JUDGE

DUBE

(b) COUNTY OF RESIDENCE Of FI~S't; LIST!OO PLAI!'JTifF ..._,_.,-,----(EXCEPT IN u,s, PlAINTIFF'CASES)' . - ' •

Orange COUNTY OF RESIDENCE OF FIRST USTED DEFENDANT
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

(C) ATIORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Eve G. Lowe, Supervisory Trial Attorney Pamela Pride-Chavies, senior Trial Attorney EEOC, Miami District Office, One Biscayne Tower, Suite 2700, 2 S. Biscayne Blvd. Miami, FL 33131
d WHERE ACTION AROSE:

ATTORNEYS (IF KNOWN)

II. BASIS OF JURISDICTION

(PV.CE AN X IN ONE BOX OI'LY)

i:M1 U.S. Government Plaintiff

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

0 2 U.S. Government Defendant

0 4 Diversity (Indicate Citizenship of Parties in Item Ill)

Ill. CmZENSHIP OF PRINCIPAL PARTIES

(PlACE AN x IN ONE BOX

(For Diversity Cases Only)

FOR Pt.AINTIFF AND ONE BOX FOR DEFENDANT)

Citizen of This State

PTF DEF 01 01

Citizen of Another State 02 02

Citizen or Subject of a Foreign Country

03 03

Incorporated or Principal Place of Business In This State
Incorporated and Principal Place of Business In Another State
Foreign Nation

PTF DEF 04 04
05 05 06 06

IV. CAUSE OF ACTION (CITE THE us. CIVIL STATUTE UNOEAWHICHYOUARE FIUNGANOWRITEABRJEFSTATEMENTOFCAUSE.
This ooNOTCITEJUAJsotcnoNALsTATUTEsuNLEssotvEAsiTY> 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 discrimination based on religious discrimination.

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

CONTRACT
0 11 0 Insurance 0 120 Marine 0 130 Miller Act 0 140 Negotiable Instrument 0 150 Recovery at Overpayment
& Enforcement of
Judgment
0 151 Medicare Act 0 152 Recovery of Defaulted
Student Loans (Excl. Veterans)
0 153 Recovery of Overpayment
of Veteran's Benefits
0 160 Stockholders' Suits 0 190 Other Contract · 0 195 Contract Product Uabilily

TORTS

PERSONAL INJURY 0 310 Airplane 0 315 Airplane Product
Uabiity
0 320 AssauH, Ubel &
Slander
0 330 Federal Employers·
Uabitity
0 340 Marine 0 345 Marine Product
Uabi6ty
0 350 Motor Vehicle 0 355 Motor Vehicle
Product Uabi6ty
0 360 Other Personal
Injury

PERSONAL INJURY
0 362 Personal 1111\Jry-
Med MaiP<Odice
0 365 Porsonal Injury-
Product Uaboity
0 368 Asbestos Persona!
Injury Proooct Uabiity
PERSONAL PROPERTY 0 370 Other Fraud 0 371 Truth in Len<ing
o..,_ 0 380 Other Personal Property
o 385 Property D..,_ Product Uability

REAL PROPERTY
0 21 0 Land Condemnation 0 220 Foreclosure 0 230 Rent Lease & EJectment 0 240 Torts to Land 0 245 Tort Product Uability 0 290 All Other Real Property

CIVIL RIGHTS
0 441 Voting ~442 Employment
443 Housing/
Accommodations
0 444 We~are 0 440 Other Civil Rights

PRISONER PETmONS
0 510 Motions to Vacale
Senlence Habeas Corpus.
c 530 General
0535 Death Penalty 0 540 Mandamus & Othe<
[J 550 Other

FORFEITURE !PENALTY

U 610 Agriculture 0 620 Other Food & Drug 0 625 Drug Related Seizure of
Property 21 USC 881
0 630 Uquor Laws 0 640 RR & Truck 0 650 Airline Regs

0 660 Occur,ational

O

Sa ely/Health

690 Other

LABOR

0 710 Fair Labor Standards
Act
0 720 l.abor/Mgmt.
Relations
0 730 l.abor/Mgmt.
Reporting &
Disclosure Act
0 740 Railway Labor
Act
0 790 Other Labor
litigation
0 791 Empl. Ret. Inc.
Security Act

BANKRUPTCY
0 422 Appeal 28 usc 158
0423 Withdrawal
28 usc 157
PROPERTY RIGHTS
0 820 Copyrights 0 830 Patent 0 840 liademark
SOCIAL SECURITY 0 861 HIA (139511) 0 862 Black Lung (923) 0 863 DIWC/OfWW (405(g)) 0 864 SSID Tille XVI 0 865 RSI (405(g))
FEDERAL TAX SUITS
0 870 Taxes (U.S. Plaintiff
"' Defendant)
0 871 IRS- Third Party 26 usc 7609

VI. ORIGIN
~ 1 Original Proceeding

0 2 Removed from State Court

(PLACE AN x IN ONE BOX ONLY)

Transferred from

0 3 Remanded from 0 4 Reinstated or 0 5 another district

Appellate Court

Reopened

(specify)

0 6 Multidistrict Utigation

OTHER STATUTES
0 400 State
Reapportionment
0 41 0 Antitrust 0 430 Banks and Banking 0 450 Commerce/ICC Rates/etc. 0 460 Deportation 0 470 Racketeer JnHuenced and
Corrupt Dr9anizat1ons
0 81 0 Selective Service 0 850 Securities/Commodities/
Exchange
0 875 Customer Challenge 12 usc 3410
0 891 AgricuHural Acts 0 892 Economic Stabilization
Act
0 893 Environmental Maners 0 894 Energy Allocation Act 0 895 Freedom of
Information Ad
0 900 Appeal of Fee Determinatio
Under Equal Access to
Justice
0 950 Constitutionafity of
State Statutes
0 890 Other Statutory
Actions
Appeal to Dtstnct
0 7 .Judge from
Magistrate
Judgment

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

0 UNDER F.R.C.P 23

DEMAND$

Check YES only if demanded in complaint:
JURY DEMAND: ~YES o NO

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

JUDGE - - - - - - - - - - - - D O C K E T N U M B E " - - - - - - - - - - -

-\s: DATE
I .C - ·'L,l ~(
UNITED STATES DISTRICT COURT

SIGNATURE OF ATIORNEY Of RECQAO

c/ -' -~ -r-- ·7

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 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?672493664121417-L_3...

U.S. District Court Middle District of Florida (Orlando) CIVIL DOCKET FOR CASE #: 6:98-cv-01166-ACC

DAB, FRC

Equal Employment Op v. Kanon Service Corp. Assigned to: Judge Anne C. Conway Demand: $0 Case in other court: Southern District, 98-01459-Civ-Graham Cause: 42:2003 Job Discrimination

Date Filed: 10/20/1998 Date Terminated: 12/17/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Pamela Pride-Chavies Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Kanon Service Corporation

represented by David V. Kornreich Akerman Senterfitt 420 S Orange Ave - Ste 1200 PO Box 231 Orlando, FL 32802-0231 407/423-4000 Ext 8444 Fax: 407/843-6610 Email: david.kornreich@akerman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Adamson Herrmann Akerman Senterfitt 420 S Orange Ave - Ste 1200 PO Box 231 Orlando, FL 32802-0231 407/843-7860 Ext 2584 Fax: 407/843-6610 Email: therrmann@akerman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Mediator Jay M. Cohen

represented by Jay M. Cohen Jay M. Cohen, P.A. P.O. Box 2210 Winter Park, FL 32790-2210 407/644-1181 Email: jmcohen@bellsouth.net PRO SE

Date Filed 10/20/1998
10/23/1998 10/23/1998
10/23/1998 11/06/1998 12/04/1998 02/16/1999 03/30/1999
04/08/1999 04/09/1999 04/26/1999
04/26/1999

#

Docket Text

Original file and docket sheet received from Miami Division of the Southern District of Florida (Case #: 98-1459-Civ-Graham; Pleadings # 1-4 filed) Certified sheet in file. (hsh) (Entered: 10/23/1998)
5 NOTICE to Counsel of inter-district transfer (hsh) (Entered: 10/23/1998)
6 ORDER directing counsel to review and certify compliance with Local Rule 1.04(c) within 10 days ( Signed by Judge Anne C. Conway ) ctc (hsh) (Entered: 10/23/1998)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: David A. Baker (hsh) (Entered: 11/06/1998)
7 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (maa) (Entered: 11/06/1998)
8 CERTIFICATE OF COMPLIANCE by Equal Employment Op with [6-1] order no related cases. (nrs) (Entered: 12/04/1998)
9 ANSWER AND AFFIRMATIVE DEFENSES to Complaint by Kanon Service Corp. (maa) (Entered: 02/16/1999)
10 ORDER for plaintiff TO SHOW CAUSE why case should not be dismissed for lack of prosecution: Response to order to show cause due 4/12/99 for Equal Employment. ( Signed by Judge Anne C. Conway ) ctc (maa) (Entered: 03/30/1999)
11 CASE MANAGEMENT REPORT. (maa) (Entered: 04/08/1999)
12 RESPONSE TO SHOW CAUSE ORDER filed by plaintiff Equal Employment Op. (maa) (Entered: 04/09/1999)
13 ORDER directing all non-government corporate parties to file statement identifying all parent companies, subsidiaries and affiliates that have issued shares to the public within 11 days. ( Signed by Judge Anne C. Conway ) ctc (maa) (Entered: 04/26/1999)
14 SCHEDULING ORDER setting Joining of parties, amending of pleadings on 7/2/99; Deadline for filing of motions 5/19/00; Discovery cutoff 1/28/00; Pretrial statement due on or before 5/19/00; Jury trial set for 7/3/00 before Judge Anne C. Conway. ( signed by Judge Anne C. Conway ) ctc (maa) (Entered: 04/26/1999)

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05/04/1999 11/18/1999
12/01/1999 12/06/1999 12/17/1999 12/17/1999 03/04/2004

15 RESPONSE by Kanon Service Corp. to [13-1] order. (maa) (Entered: 05/04/1999)
16 ORDER referring case to mediation. Conduct hearing by 2/15/99. ( Signed by Judge Anne C. Conway ) Lead counsel to coordinate dates. ctc (maa) (Entered: 11/18/1999)
17 JOINT STIPULATION FOR MEDIATOR by plaintiff Equal Employment Op, defendant Kanon Service Corp. (maa) (Entered: 12/02/1999)
18 ORDER appointing Jay M. Cohen as mediator in this action. ( Signed by Judge Anne C. Conway ) ctc (maa) (Entered: 12/06/1999)
19 CONSENT DECREE ( Signed by Judge Anne C. Conway ) ctc (maa) (Entered: 12/17/1999)
CASE CLOSED. (maa) (Entered: 12/17/1999)
FRC record data: accession # 021 03 0539; agency box # 216 of 255; location # D0980621; temporary record. (igc) (Entered: 03/04/2004)

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 CM/ECF - Live Database - flsd - Docket Report

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U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:98-cv-01459-DLG

CLOSED

Equal Employment v. Kanon Service Assigned to: Judge Donald L. Graham Demand: $0 Cause: 42:2003 Job Discrimination Plaintiff Equal Employment Opportunity Commission
V. Defendant Kanon Service Corporation

Date Filed: 06/22/1998 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Eve G. Lowe Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/22/1998 06/22/1998 09/23/1998 09/23/1998 09/28/1998
09/28/1998

#

Docket Text

1 COMPLAINT filed; FILING FEE WAIVED; A-7, RLD (Former Deputy Clerk) (Entered: 06/23/1998)
Magistrate identification: Magistrate Judge Robert L. Dube (Former Deputy Clerk) (Entered: 06/23/1998)
2 EMERGENCY MOTION by Equal Employment to transfer case (tb, Deputy Clerk) (Entered: 09/28/1998)
3 DECLARATION OF CARMEN FIGUEROA by Equal Employment Re: [2-1] motion to transfer case (tb, Deputy Clerk) (Entered: 09/28/1998)
4 ORDER granting [2-1] motion to transfer case to the Middle District of Florida-Orlando ( signed by Judge Donald L. Graham on 9/23/98) CCAP (tb, Deputy Clerk) (Entered: 09/29/1998)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (tb, Deputy Clerk) (Entered: 09/29/1998)

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10/07/1998 10/27/1998

TRANSMITTAL letter with: certified copy of docket sheet and file Sent to: Middle District of Florida (tb, Deputy Clerk) (Entered: 10/07/1998)
ACKNOWLEDGMENT of receipt of: court file,order by: Middle District of Florida Date: 5/6/98 (tb, Deputy Clerk) (Entered: 10/30/1998)

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