( Case 9:99-cv-09077-DTKH ' - ' .-1 ·; ·,~~)

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Document 1

Entered on FLSD Docket 12/21/1999

Page 1 of 6

9 - 90 7 7 CLE.RI\, USDC / SGFL I \'iPLJ IN THE UNITED STATES DISTRICT COU.(i\

FOR THE SOUTHERN DISTRICT OF FLORiiil

_HURLEY WESTPALMBEACHDIVISION

ciV

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
V.

•.•. ; J. LYNCH JR
UNHED STATEs MAGISTRATE iuoce
CIVIL ACTION NO.

ATLANTIS GOLF CLUB, INC.,
Defendant.
--------------------------~/

COMPLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide

appropriate relief to Carrie Sabzalian. As stated with greater particularity in paragraph 7, the

Commission alleges that Ms. Sabzalian was sexually harassed and retaliated against at Defendant's

place of business in Atlantis, Florida. Ms. Sabzalian was forced to endure a hostile work

environment while at work. Moreover, Ms. Smith was retaliated against by being terminated for

complaining to management about the harassment.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(l) and (3) of

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

VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

I

Case 9:99-cv-09077-DTKH Document 1 Entered on FLSD Docket 12/21/1999 Page 2 of 6
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the Untied States District Court for the Southern District of Florida, West Palm Beach, 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 ofTitle VII, and is expressly authorized to bring this action by Section 706(f)(l) and (3) ofTitle VII, 42 U.S.C. § 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant, Atlantis GolfClub, Inc., (the "Employer"), a Florida Corporation, has continuously been doing business in the State of Florida and the City of Atlantis, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Atlantis Golf Club, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning ofSections 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, Carrie Sabzalian 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 9:99-cv-09077-DTKH Document 1 Entered on FLSD Docket 12/21/1999 Page 3 of 6

7. Since at least September 1997, Defendant Employer engaged in unlawful

employment practices at its Atlantis, Florida facility in violation of Section 703(a) of Title VII, 42

U.S.C. § 2000e-2(a), which included the following:

(A) Carrie Sabzalian was subjected to sex discrimination by Manager W.

Bergsma because ofher sex in the form of physical, verbal, and written conduct of a sexual nature.

This unwelcome sexual harassment was sufficiently severe and pervasive to affect the terms and

conditions ofheremolovment and to create an intimidating_ hostile and offensive work environment.

...

.,

j,.'-'

Ms. Sabzalian made it known to her manager that the conduct was unwelcome.

(B) Ms. Sabzalian complained about the sexual harassment and then was

terminated in retaliation for her complaint(s) to management. Her protest(s) to Defendant regarding

sexual harassment are protected activity under Title VII. Defendant's response to her protest(s)

(retaliating against her by terminating her employment) is in violation of §704(a) of Title VII, 42

U.S.C. §2000e-3(a).

8. The effect of the practice(s) complained of in paragraph 7 above has been to deprive

Carrie Sabzalian of equal employment opportunities and otherwise adversely affect her status as an

employee because of sex.

9. The unlawful employment practices complained of in paragraph 7 above were

intentional.

10. The unlawful employment practices complained of in paragraph 7 above were

done with malice or with reckless indifference to the federally protected rights of Carrie Sabzalian.

3

Case 9:99-cv-09077-DTKH Document 1 Entered on FLSD Docket 12/21/1999 Page 4 of 6
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Atlantis Golf Club, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendant Atlantis GolfCiub, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Atlantis Golf Club, Inc., to make whole Carrie Sabzalian by providing appropriate back pay with prejudgment interest, in amounts to be detern1ined 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 employment references for Carrie Sabzalian. D. Order Defendant Atlantis Golf Club, Inc., to make whole Carrie Sabzalian by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, out of pocket losses, medical expenses, and job search expenses in amounts to be determined at trial. E. Order Defendant Atlantis Golf Club, Inc., to make whole Carrie Sabzalian by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained ofin paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
4

Case 9:99-cv-09077-DTKH Document 1 Entered on FLSD Docket 12/21/1999 Page 5 of 6

F. Order Defendant Atlantis Golf Club, Inc., to pay Carrie Sabzalian 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

The Commission requests a jury trial on all questions of fact raised by its complaint.

C. GREGORY STEWART General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

DELNER FRANKLIN-THOMAS Regional Attorney

Eve G. Lowe

Supe~isory ~~ri'tAt~omey

,_g;' , ' f ;;/]/:,);. ;//(

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'Lauren Greenbaum

Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Miami District Office

Two South Biscayne Boulevard

One Biscayne Tower

Miami, Florida 33131

(305) 530-6005

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EQUAL E~LOYMENT OPPORTUNITY COMMI~!~~

: A~L~TIS GOLF CLUB

Page 6 of 6

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FRANK J. LYNCH, JR.
UNIT£J STATES MAGISfMT~ JUDGE

(b) COUNTY OF RESIDENCE OF FIRST LISTED P\.AJNTIFF - - - - - -
(EXCEPT IN US. PlAJNTiiF CASES)
CLF.Hi\, USDC ,

COUNTY OF RESIOC..cf: Of FIFIST USTEO DEFENDANT palm Beach

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(d) CIRCLE COUNTY WHERE ACTION AROSE:
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ATTORNEYS (IF I(HOWN)
ST. LUCIE, INDIAN RIVER,

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Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex,

and to provide appropriate relief to Carrie Sabzalian.

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

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

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VII. REQUESTED IN CHECK IF nilS IS A CLASS ACTION

COMPLAINT:

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Da YES o NO

VIII. RELATED CASE(S) !See "'''I\KIICI>SI: IF ANY

.AJOGE - - - - - - - - - IXX:KET N U M B E " - - - - - - - - -

DATE

UNITED STATES OtSTRIC::T COURT
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FOI OFFICE OSE OILY: Jeceipt lo. _ _ _ _ _ _ _ AIOWlt: _ _ _ __ Date Paid: _ _ _ _ _ _ _ 11/ifp: _ _ _ __

 
 Case 9:99-cv-09077-DTKH Document 5 Entered on FLSD Docket 03/02/2000 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 99-9077-CIV-HURLEY/LYNCH

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,
v.

REC'D by

D.C.

!:HN.E - - -

ATLANTIS GOLF CLUB, INC.,

Defendant.

v.. -x t · ct ·.1. -.

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MAR 1 20CQ
CARLOS JUENK! CLERK U.S. DIST Cl 8.0. OF FLA.• w:P.a:

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND THIS MATTER is before the court following a review of plaintiffs complaint, which appears to violate the one-claim-per-count rule. See Rule lO(b), Fed. R. Civ. P. For the reasons set forth herein, plaintiffs complaint is dismissed sua sponte with leave to refile, within fifteen days, an amended complaint that comports with this order. In Anderson v. District Board of Trustees of Central Florida Community College, 77 F.3d 364, 366-67 (11th Cir. 1996), the court, concemed about the ramifications of cases proceeding on the basis of"shotgun" pleadings, noted:
Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court's docket becomes unmanageable, the litigants suffer, and society loses confidence in the court's ability to administer justice. See also Cesnik v. Edgewood Baptist Church, 88 F .3d 902, 905 (11th Cir. 1996), cert. denied, 519 U.S. 1110, 117 S. Ct. 946, 136 L. Ed.2d 834 (1997) and L.S.T., Inc. v. Crow, 49 F.3d 679,684 (11th
5 Cir. 1995). This court shares that experience, and notes that the problem is particularly acute in
employment discrimination cases. Indeed, it is not uncommon for a plaintiffto attempt to conf!ate

-

Case 9:99-cv-09077-DTKH Document 5 Entered on FLSD Docket 03/02/2000 Page 2 of 3
Order Dismissing Complaint With Leave to Amend Case No.: 99-9077-CIV-HURLEY
numerous and disparate legal theories into single counts. For instance a count for racial discrimination in violation of 42 U.S.C. section 1981 will include assertions of failure-to-promote as well as language suggesting "disparate treatment." If a plaintiffwishes to assert discrimination arguing both theories, he or she must assert them as separate counts. The same is true with respect to factual allegations. Plaintiffs often detail facts and occurrences spanning an entire employment history, and then incorporate that factual recitation b)' reference, \Vholcsalc, into e--~lery· count of the complaint. Such "shotgun" pleading imperils fundamental principles of due process.
In the instant case, plaintiff's complaint contains a section entitled statement of claims. Paragraph seven contains two subparts which appear to assert the counts of alleged discrimination. However, it is difficult to determine the specific counts alleged in the complaint.
Mindful of the rule that a well-pleaded complaint contains only one claim per count, Fed. R. Civ. P. 1O(b), and of the due process concerns articulated above, it is hereby
ORDERED and ADJUDGED: (1) The complaint in this case is DISMISSED, with leave to refile an amended complaint that cures the noted pleading defects, such amended complaint to be filed within fifteen (15) days of the date of this order (computed in accordance with the Federal Rules of Civil Procedure). (2) In redrafting the complaint, each count shall state with specificity both the factual and legal basis for the claim it sets forth. Other numbered paragraphs may be incorporated by reference but this must be done with particular care so that only relevant paragraphs are referenced. It is
2

Case 9:99-cv-09077-DTKH Document 5 Entered on FLSD Docket 03/02/2000 Page 3 of 3
Order Dismissing Complaint With Leave to Amend Case No.: 99-9077-CIV-HURLEY
impermissible to attempt a wholesale incorporation by reference of all preceding paragraphs. (3) Defendant shall have ten ( 10) days from receipt of the amended complaint within
which to file an amended answer. (5) All time periods set forth in this order shall be computed in accordance with the
Federal Rules of Civil Procedure. DONE and SIGNED
jl/!6~=~:.:1~"====.:..' 2000.
Copies furnished to: Lauren Ann Greenbaum, Esq. Ellen Steingesser Malasky, Esq.

For updated court information, visit unofficial Web site

3

at http ://sites.netscape.netlusctssodfla/homepage

 
 Case 9:99-cv-09077-DTKH Document 6 Entered on FLSD Docket 03/14/2000 Page 1 of 10

~E: IN THE UNITED STATES DISTRICT COURT N I G :-:

OX.(

eoo;· FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

MAR 1 3 2

EQUAL EMPLOYMENT OPPORTUNITY

I

COMMISSION,

CLERK, USDC I SDFL I WPB

Plaintiff, v.

CIVIL ACTION NO. 99-9077-CIV -HURLEY/LYNCH

ATLANTlS GOLF CLUB, INC., Defendant.
____________________________!

AMENDED COMPLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide appropriate reliefto Carrie Sabzalian. As stated with greater particularity in paragraphs 8 and 9, the Commission alleges that Ms. Sabzalian was sexually harassed and retaliated against at Defendant's place of business in Atlantis, Florida. Ms. Sabzalian was forced to endure a hostile work environment while at work. Moreover, Ms. Sabzalian was retaliated against by being tem1inated for complaining to management about the harassment.

Case 9:99-cv-09077-DTKH Document 6 Entered on FLSD Docke)t 03/14/2000 Page 2 of 10
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S. C. § 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981A. 2. The employment practices alleged to be unla'.vful were cummiited withm the jurisdiction ofthe Untied States District Court for the Southern District ofFlorida, West Palm Beach 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 Section 706(t)(l) and (3) ofTitle VII, 42 U.S.C. § 2000e-5(t)(l) and (3). 4. At all relevant times, Defendant, Atlantis GolfClub, Inc., (the "Employer"), a Florida Corporation, has continuously been doing business in the State of Florida and the City of Atlantis, and has continuously had at least 15 employees.
2

Case 9:99-cv-09077-DTKH Document 6 Entered on FLSD Docket 03/14/2000 Page 3 of 10
5. At all relevant times, Defendant Atlantis Golf Club, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning ofSections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e-5(b), (g) and (h).
STATEMENT OF FACTS 6. More than thirty days prior to the institution of this lawsuit, Carrie Sabzalian filed a charge with the Commission alleging violations ofTitle VII by Defendant Empioyer. Ail conditions precedent to the institution of this lawsuit have been fulfilled. 7. Carrie Sabzalian was employed by Defendant Employer from approximately October of 1996 until approximately September of 1998. 8. Since at least September 1997, Carrie Sabzalian was repeatedly subjected to sex discrimination by Defendant Employer Manager W. Bergsma because of her sex in the form of physical, verbal, and written conduct of a sexual nature. Ms. Sabzalian made it known to management that the conduct was unwelcome but Defendant Employer failed to take appropriate measures to remedy the situation. 9. On more than one occasion during Ms. Sabzalian's employment, she complained to Defendant Employer about what she reasonably believed to be sexual harassment and then was terminated in retaliation for her complaint(s) to the management of Defendant Employer.
3

Case 9:99-cv-09077-DTKH Document 6 Entered on FLSD Docket 03/14/2000 Page 4 of 10
COUNT I TITLE VII- SEXUAL HARASSMENT 10. Plaintiff, the Commission, realleges and adopts, as if fully set forth herein, the allegations stated in Paragraphs 1-8. 11. The aforementioned unwelcome sexual harassment was sufficiently severe and pervasive to affect the terms and conditions ofher employment and to create an intimidating, hostile and offensive work environment at the Defendant's Atlantis, Florida facility in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). 12. The effect of the actions complained of in paragraph 8 above has been to deprive Carrie Sabzalian of equal employment opportunities and otherwise adversely affect her status as an employee because of sex. 13. The unlawful employment actions complained of in paragraph 8 above were intentional. 14. The unlawful employment actions complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Carrie Sabzalian.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Atlantis Golf Club, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging
4

Case 9:99-cv-09077-DTKH Document 6 Entered on FLSD Docket 03/14/2000 Page 5 of 10
in sexual harassment, retaliation, and any other employment practice which discriminates on the basis of sex.
B. Order Defendant Atlantis GolfClub, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Atlantis Golf Club, Inc., lo make whole Carrie Sabzalian by providing appropriate back pay with prejudgment interest, in amounts to be detennined at trial, and other affim1ative 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 employment references for Carrie Sabzalian.
D. Order Defendant Atlantis Golf Club, Inc., to make whole Carrie Sabzalian by providing compensation for past and future pecuniary losses resulting from the unlawful employment actions described in paragraph 8 above, including but not limited to, out of pocket losses, medical expenses, and job search expenses in amounts to be determined at trial.
E. Order Defendant Atlantis Golf Club, Inc., to make whole Carrie Sabzalian by providing compensation for past and future nonpecuniary losses resulting from the unlawful actions complained of in paragraph 8 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment oflife, in amounts to be detem1ined at trial.
5

Case 9:99-cv-09077-DTKH Document 6 Entered on FLSD Docket 03/14/2000 Page 6 of 10
F. Order Defendant Atlantis Golf Club, Inc., to pay Carrie Sabzalian punitive damages for its malicious and/or reckless disregard for Carrie Sabzalian's federally protected rights described in paragraph 8 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
The Commission requests a jury trial on all questions of fact raised by its complaint. COUNT II
TITLE VII - RETALIATION 15. Plaintiff, the Commission, realleges and adopts, as if fully set forth herein, the allegations stated in Paragraphs 1-7 and 9. 16. The effect of the actions complained of in paragraph 9 above was that Defendant discharged Carrie Sabzalian from its employment after she filed her written complaint with Defendant against Mr. Bergsma. 17. The unlawful employment actions complained ofin paragraph 9 above were intentional. 18. The unlawful employment actions complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of Carrie Sabzalian.
6

Case 9:99-cv-09077-DTKH Document 6 Entered on FLSD Docket 03/14/2000 Page 7 of 10
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Atlantis Golf Club, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment, retaliation, and any other employment practice which discriminates on the basis of sex. B. Order Defendant Atlantis GolfClub, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Atlantis Golf Club, Inc., to make whole Carrie Sabzalian by providing appropriate back pay with prejudgment interest, in amounts to be detem1ined 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 employment references for CmTie Sabzalian. D. Order Defendant Atlantis Golf Club, Inc., to make whole Carrie Sabzalian by providing compensation for past and future pecuniary losses resulting from the unlawful employment actions described in paragraph 9 above, including but not limited to, out of pocket losses, medical expenses, and job search expenses in amounts to be detennined at trial.
7

Case 9:99-cv-09077-DTKH Document 6 Entered on FLSD Docket 03/14/2000 Page 8 of 10
E. Order Defendant Atlantis Golf Club, Inc., to make whole Carrie Sabzalian by providing compensation for past and future nonpecuniary losses resulting from the unlawful actions complained of in paragraph 9 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Atlantis Golf Club, Inc., to pay Carrie Sabzalian punitive damages for its malicious and/or reck less disregard for Carrie Sabzalian 's federaiiy protected rights described in paragraph 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.
C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney
8

Case 9:99-cv-09077-DTKH Document 6 Entered on FLSD Docket 03/14/2000 Page 9 of 10 )
GILBERT CARRILLO Supervisory Trial Attorney
~~
Lauren Greenbaum Trial Attorney Florida Bar No. 0029254 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office Two South Biscayne Boulevard One Biscayne Tower Miami, Florida 33131 (305) 530-6005
9

Case 9:99-cv-09077-DTKH Document 6 Entered on FLSD Docket 03/14/2000 Page 10 of 10

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that Plaintiff's Amended Complaint was served this
,r11;{)() by facsimile to:
/

Ellen S. Malasky, Esq Foley & Lardner 777 South Flagler Drive Suite 200 West Palm Beach, Florida 33401

.tsq. Joun "· Jr., T 1.-.. ~ T

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.........

LOtu,

Foley & Lardner

P.O. Box 2193

Orlando, Florida 32802-2193

~
Lauren Greenbaum Trial Attorney

/3 11 day of

10

 
 Case 9:99-cv-09077-DTKH

~/e Document 16 Entered on FLSD Docket 05/30/2000 Page 1 of 13

UNITED STATES DISTRICT COURT

''.' "· ' y~Yl't·-!·· '~•~ ~·.

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

I ', ' . , . ~ J

EQUAL EMPLOYMENT OPPORTUNITY

:. c~AR::nc£,
Cl ERK U. 5. Cl ~ r. c ;·.
Case No.: 99-9077-fiV-Ifui[~ly\ · - WP8

COMMISSION, and CARRIE SABZALIAN,

Magistrate Judge: Lynch

Plaintiffs,

v.

ATLANTIS GOLF CLUB, INC.,
__________D__ef_e_nd_a_n_t.______________ /

COMPLAINT AND DEMAND FOR TRIAL BY JURY

NATURE OF THE ACTION l. Plaintiff, CARRIE SABZALIAN ("Ms. Sabzalian"), by her undersigned attorney, sues Defendant ATLANTIS GOLF CLUB, INC. ("Atlantis" or "Defendant") for compensatory damages for violations of her civil rights occurring during her employment relationship with Atlantis. Ms. Sabzalian sues Atlantis under Title VII of the Civil Rights Act of 1964 and 1991, as amended, 42 U.S. C. Section 2000e el seq.("Tit!e VII"), and the Florida Civil Rights Act of 1992, Section 760.01 et seq., Florida Statutes ("FCRA"). Ms. Sabzalian also seeks a remedy for the Defendant's negligent retention and supervision of the supervisor alleged to have sexually harassed her. 2. Ms. Sabzalian was caused to work in a hostile work environment because of her sex, female, and was retaliated against by being discharged from her employment for complaining to Defendant about her sexual harassment.

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 2 of 13

JURISDICTION AND VENUE

3. This Court's jurisdiction is founded upon the provisions of28 U.S. C. §§ 451, 1331,

1337, and 1343. This action arises under 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1981a.

4.

This Court has supplemental jurisdiction over Ms. Sabzalian's state law claims

pursuant to 28 U.S.C. § 1367.

5. Venue of this action is proper in the Souther District of Florida because all of the

unlawful acts complained of herein occurred in Palm Beach County, Florida.

PARTIES

6. Plaintiff, the Equal Employment Opportunity Commission (the "Commission") is the

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

enforcement ofTitle VII, and is expressly authorized to bring this action by Sections 760(f)(l) and

(3) ofTitle VII, 42 U.S.C. Sections 2000e-5(f)(1) and (3).

7. Plaintiff, Ms. Sabzalian is a natural person residing in Palm Beach County, Florida.

At all times material hereto, Ms. Sabzalian was employed by Defendant Atlantis Golf Club, Inc.

8. At all times material hereto, Defendant Atlantis Golf Club, Inc. was a Florida

corporation, continuously doing business in the State ofFlorida and the City ofAtlantis. At all times

material hereto, Defendant continuously has had at least 15 employees.

9. At all times material hereto, Defendant Atlantis Golf Club, continuously has been an

employer engaged in an industry effecting commerce within the meaning of Title VII and the Florida

Civil Rights Act. See 42 U.S. C.§ 2003 et seq. and Section 760.02 (7), Florida Statutes. At all times

material hereto, Defendant Atlantis Golf Club, Inc. was, and still is, an employer.

2

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 3 of 13
GENERAL ALLEGATIONS I0. Ms. Sabzalian was employed by Defendant Atlantis Golf Club, Inc. from approximately October of 1996 until in or about September of 1998. 11. At all times material hereto, Ms. Sabzalian was qualified for her position, served competently, and performed up to her employer's legitimate standards. 12. At no time during the aforementioned period of her employment with Defendant, did Ms. Sabzalian ever receive a written warning or written discipline by Atlantis with regard to the performance of her functions. 13. Commencing in or about September 1997 Ms. Sabzalian was repeatedly subjected to discrimination because of her sex by Defendant's supervisory employee, Walle Bergsma. 14. Ms. Sabzalian's supervisor, the aforementioned Mr. Bergsma made her the object of his physical, verbal, and written conduct of a sexual nature while both of them were in the Defendant's workplace. 15. During the period of Ms. Sabzalian's employment with Atlantis, Mr. Bergsma frequently grabbed at her, kissed her about her hands and face, attempted to kiss her. stalked her at work, stalked her at home, broke into her automobile, took and caused damage to her personal property, and disclosed to her coworkers his unrequited affection for her. 16. Ms. Sabzalian made it known to Mr. Bergsma that his conduct was unwelcome, offensive to her, and was interfering with her ability to perform her job. 17. Ms. Sabzalian made it known to Atlantis management and administrative personnel superior to her, that Mr. Bergsma's conduct was unwelcome, offensive to her, and was interfering with her ability to perform her job.
3

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 4 of 13
18. Apart from the actual notice to Defendant that Ms. Sabzalian provided by her complaints, as aforementioned, Atlantis management and administrative personnel were on constructive notice of her sexual harassment by her supervisor Bergsma.
19. Defendant Atlantis Golf Club, Inc. failed to take appropriate remedial measures to relieve Ms. Sabzalian of her sexual harassment in its workplace.
20. After providing to Defendant a written complaint of what she reasonably believed to be sexual harassment, Ms. Sabzalian summarily was discharged from her employment.
EXHAUSTION OF ADMINISTRATIVE REMEDIES 21. Ms. Sabzalian timely filed Charges of Discrimination with the Equal Employment Opportunity Commission, and with the Florida Commission on Human Relations alleging violations by her employer ofTitle VII and the Florida Civil Rights Act, respectively. 22. All conditions precedent to the institution ofthis action have been fulfilled.
COUNT I HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT IN VIOLATION OF TITLE VII 23. Ms. Sabzalian repeats and realleges each and every allegation contained in paragraphs 1 through 22 as if fully set forth herein. 24. Defendant Atlantis discriminated against Ms. Sabzalian because ofher sex, female, in violation of Title VII, by creating, tolerating and fostering a sexually hostile and abusive work environment. 25. The aforementioned unwelcome sexual harassment was sufficiently severe and pervasive to affect the terms and conditions ofher employment, and to create an intimidating, hostile, and offensive work environment in violation of Section 703(a) ofTitle VII, 42 U.S.C. § 2000e-2(a).
4

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 5 of 13 26. The effect of the actions complained of as aforementioned has been to deprive Ms.
Sabzalian of equal employment opportunities, and otherwise to adversely affect her status as an employee because of her sex.
27. The unlawful employment actions complained ofwere intentional. 28. The unlawful employment actions were done with malicious or reckless indifference to Ms. Sabzalian' s federally protected rights. 29. As a direct and proximate result of Defendant Atlantis' unlawful employment practices, Ms. Sabzalian was emotionally harmed, suffered, and will continue to suffer, a ioss of wages and other employment benefits, a loss of earning capacity, damages to her professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress. WHEREFORE, Ms. Sabzalian requests this Court issue an order against Atlantis Golf Club, Inc. awarding her compensatory damages, lost back pay, front pay, punitive damages, attorneys fees and costs, together which such other relief as this Court deems just and proper.
COUNT II HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT
IN VIOLATION OF THE FLORIDA CML RIGHTS ACT 30. Ms. Sabzalian repeats and realleges each and every allegation contained in paragraphs 1 through 22 as if fully set forth herein. 31. Defendant Atlantis discriminated against Ms. Sabzalian because of her sex, female, in violation of the FCRA, by creating, tolerating and fostering a sexually hostile and abusive work environment.
5

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 6 of 13 32. The aforementioned unwelcome sexual harassment was sufficiently severe and
pervasive to affect the terms and conditions ofher employment, and to create an intimidating, hostile, and offensive work environment in violation of the FCRA, Section 760.10, Florida Statutes.
33. The effect ofthe unlawful employment practices complained ofas aforementioned has been to deny Ms. Sabzalian her individual rights and privileges, to deprive her ofpersonal dignity, and otherwise to adversely affect her status as an employee because of her sex.
34. The unlawful employment practices complained ofwere intentional. 35. The Defendant's unlawful employment practices were done with malice or reckiess indifference to Ms. Sabzalian's freedom from discrimination within the State of Florida. 36. As a direct and proximate result of Defendant Atlantis' unlawful employment practices, Ms. Sabzalian was emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employment benefits, a loss of earning capacity, damages to her professional reputation, a loss of dignity, a loss ofthe enjoyment oflife, embarrassment, humiliation, and other forms of mental anguish and distress. WHEREFORE, Ms. Sabzalian requests this Court issue an order against Defendant Atlantis Golf Club, Inc. awarding her compensatory damages, lost back pay, tront pay, punitive damages, attorneys fees and costs, together which such other relief as this Court deems just and proper.
COUNT ill RETALIATION IN VIOLATION OF TITLE VII 37. Ms. Sabzalian repeats and realleges each and every allegation contained in paragraphs 1 through 22 as if fully set forth herein.
6

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 7 of 13

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 8 of 13

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 9 of 13 38. Ms. Sabzalian engaged in protected activity and opposition conduct with regard to
the sexual harassment she suffered, as aforementioned, by complaining to Atlantis management and administrative personnel verbally, and by filing a written complaint report with Defendant regarding the circumstances ofMr. Bergsma's conduct.
39. Ms. Sabzalian suffered adverse employment action by being discharged from employment by Defendant after her aforementioned complaints.
40. A causal connection exists between Ms. Sabzalian's protected activity and opposition conduct, and her subsequent discharge from employment by Atlantis.
41. The aforementioned adverse employment action by Atlantis subsequent to Ms. Sabzalian's complaints was intentional, because of her protected activity and opposition conduct.
42. The aforementioned adverse employment action by Atlantis was done with malice or reckless indifference to the federally protected rights of Ms. Sabzalian.
43. As a direct and proximate result of Atlantis' unlawful employment practices, Ms. Sabzalian suffered a loss ofearning capacity, damages to her professional reputation, a loss ofdignity, a loss of enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Ms. Sabzalian requests this Court issue an order against Atlantis Golf Club, Inc. awarding her compensatory damages, lost back pay, front pay, attorney's fees and costs, together with such other relief as this Court deems just and proper.
7

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 10 of 13
COUNT IV RETALIATION IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT 44. Ms. Sabzalian repeats and realleges each and every allegation contained in paragraphs 1 through 22 as if fully set forth herein. 45. Ms. Sabzalian opposed unlawful employment practices at Atlantis by complaining to Atlantis management and administrative personnel verbally, and by filing a written complaint report with Defendant regarding the circumstances of Mr. Bergsma's conduct. 46 Ms Sabzalian suffered adverse employment action discrimination by being discharged from employment by Defendant after her aforementioned complaints. 47. A causal connection exists between Ms. Sabzalian's opposition to unlawful employment practices and her subsequent discharge from employment by Atlantis. 48. The aforementioned adverse employment action by Atlantis subsequent to Ms. Sabzalian's complaints was intentional because ofher opposition to unlawful employment practices. 49. As a direct and proximate result of Atlantis' unlawful employment practices, Ms. Sabzalian was emotionally harmed, suffered, and will continue to suffer, loss of wages and other employment benefits, a loss of earning capacity, damages to her professional reputation, a loss of dignity, a loss of enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress. WHEREFORE, Ms. Sabzalian requests this Court issue an order against Atlantis Golf Club, Inc. awarding her compensatory damages, lost back pay, front pay, punitive damages, attorneys fees and costs, together with such other relief as this Court deems just and proper.
8

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 11 of 13
COUNTV NEGLIGENT RETENTION AND SUPERVISION 50. Ms. Sabzalian repeats and realleges each and every allegation contained in paragraphs 1 through 19 as if fully set forth herein. 51. Defendant had a duty to train, supervise and evaluate Mr. Bergsma while he was employed by, and acting with the authority of, Atlantis Golf Club, Inc. 52. The Defendant had a duty to retain only competent, qualified, and safe employees. 53. Pursuant to the Atlantis Golf Club, Inc. Employee Policy Handbook in force at the time Ms. Sabzalian was sexually harassed by Mr. Bergsma, the Defendant had a duty to ensure Ms. Sabzalian was safe from the criminal and indecent conduct and sexual harassment committed against her as described above. 54. Upon information and belief, Atlantis had received numerous reports concerning Mr. Bergsma's aggressive demeanor and attitude as an employee. 55. Despite notice ofMr. Bergsma's inappropriate, threatening, assaultive and offensive conduct, Defendant failed to adequately train, supervise and evaluate Mr. Bergsma while he was employed by, and acting with the authority of, Atlantis Golf Club, Inc. 56. Defendant had a duty to protect Ms. Sabzalian from the harm occasioned by Mr. Bergsma's repeated unwelcome offensive and physical conduct against her person. 57. Defendant breached its duty to protect Ms. Sabzalian from the harm occasioned by Mr. Bergsma's repeated unwelcome offensive and physical conduct against her person. 58. Mr. Bergsma's repeated unwelcome offensive and physical conduct, aforementioned, constituted assaults and batteries against Ms. Sabzalian.
9

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 12 of 13

59. Defendant's breach of its duties to Ms. Sabzalian in retaining an incompetent, unfit,

offensive and dangerous employee, was the proximate cause of the harm she suffered by Mr.

Bergsma's assaults and batteries.

60. Atlantis' actions and omissions were willful and wanton behavior, with complete and

gross disregard for Ms. Sabzalian's safety and well-being.

61. As a result of the Defendant's failure to adequately train, supervise and evaluate Mr.

Bergsma, and to prevent him from causing harm to Ms. Sabzalian, she suffered fear of immediate

bodily harm, unlawful applications of force to her person, offensive touching, pain, lost wages and

other employment benefits, a loss of earning capacity, damages to her professional reputation, a loss

of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental

anguish and distress.

WHEREFORE, Ms. Sabzalian requests this Court issue an order against Atlantis Golf Club,

Inc., awarding her compensatory damages for past, present and future medical expenses, pain and

suffering, lost income, impairment of earning capacity, loss of dignity, loss of the enjoyment oflife,

embarrassment, humiliation and other forms of mental anguish and distress, punitive damages,

attorneys' fees and costs, prejudgment interest, and for such other and further relief as this Court

deems just and proper.

Respectfully submitted, MIERZWA & ASSOCIATES, P.A. Attorneys for Plaintiff 3900 Woodlake Blvd., Suite 212 Lake Worth, FL 33463-3045 (561) 66-1200(telephone) (56 9 -12 acsimile)

By:

10

Case 9:99-cv-09077-DTKH Document 16 Entered on FLSD Docket 05/30/2000 Page 13 of 13 CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished via U.S. mail this c- •• £JL-oay of May, 2000, addressed as follows: Lauren Greenbaum, Trial Attorney, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Miami District Office, Two South Biscayne Boulevard, One Biscayne Tower, Miami, Florida 33131; EllenS. Malasky, Esquire, Foley & Lardner, 777 South Flagler Drive, Suite 200, We ·Palm B~ach, Florida 33401 .
./ P-'.
--:?-·)
11

 
 Case 9:99-cv-09077-DTKH Document 52 Entered on FLSD Docket 04/04/2001 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and CARRIE SABZALIAN,
Plaintiffs, vs. ATLANTIS GOLF CLUB, INC.,
________D__e_f_en__d_a_n_t_. _______________/

CASE NO. 99-9077-CIV-HURLEY

up riLI:u oy

D.C.

APR - 2 2001
CLARENCE MADDOX CLER.: U.S. DIST. CT.
S. 0. OF FLA.

ORDER ON DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND TO QUASH SUBPOENA (DE #44)
THIS CAUSE having come on to be heard upon the aforementioned Motion, and this Court having reviewed the Motion and the response, and noting that on the same day as filing the instant motion Defendant also filed a motion to strike Plaintiffs' claims for punitive damages, and further noting that Judge Hurley denied Defendant's motion to strike Plaintiffs' claims for punitive damages on March 15, 2001, and further noting that Defendant's financial condition is relevant, and being otherwise advised in the premlses, it is hereby
ORDERED AND ADJUDGED that Defendant's Motion for Protective Order and to Quash Subpoena is DENIED, it is further
ORDERED AND ADJUDGED that Defendant shall produce, within fourteen (14) days of the date of this order, a corporate representative to testify to Defendant's financial condition at a Rule 30 (b) (6) deposition.

Case 9:99-cv-09077-DTKH Document 52 Entered on FLSD Docket 04/04/2001 Page 2 of 2 DONE AND ORDERED in Chambers at Fort Pierce, Florida, this
o2~ day of April, 2001. JUDGE
cc: Kenneth L. Gillespie, Esq. Ellen S. Malasky, Esq.
2

 
 Case 9:99-cv-09077-DTKH Document 103 Entered on FLSD Docket 06/12/2001 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 99-9077-CIV-HURLEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and CARRIE SABZALIAN,

Plaintiffs,

v.
ATLANTIS GOLF CLUB,
_____D__ef_e_n_d_an_t_. __________/

JUN 12 2001
CLARENCE MADDOX CLERK U.S. OIST CT
s.o. o' FLA•• w.P.a·.

ORDER DENYING PLAINTIFF EEOC'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

THIS CAUSE is before the court upon plaintiff Equal Employment Opportunity

Commission's, ("EEOC"), motion for partial summary judgment and defendant's motion for

summaryjudgment. Upon consideration ofthe motions, argument ofcounsel, relevant case law, and

the record evidence viewed in the light most favorable to the nonmoving party, genuine issues of

material fact exist which preclude the grant of plaintiff EEOC's motion for partial summary

judgment and the grant of defendant's motion for summary judgment. Accordingly, it is hereby,

ORDERED and ADJUDGED:

(1) Plaintiff EEOC's motion for partial summary judgment [DE# 54] is DENIED.

(2) Defendant's motion for summary judgment [DE# 56] is DENIED.

DONE and SIGNED in Chambers at West Palm Beach, Florida, this 11tL...siay of June,

2001.

~t-ltl4~

United States District Judge

Case 9:99-cv-09077-DTKH Document 103 Entered on FLSD Docket 06/12/2001 Page 2 of 2
Copies furnished to: Kenneth Gillespie, Esq. Gary Lippman, Esq. Ellen Malasky, Esq.

For updated court information, visit unofficial Web site

2

at http://sites.netscape.net/usctssodfla/homepage

 
 Case 9:99-cv-09077-DTKH Document 143 Entered on FLSD Docket 08/10/2001 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

I)

and

)

)

CARRIE SABZALIAN,

)

)

Plaintiff-Intervenor,

)

)

v.

)

)

ATLANTIS GOLF CLUB, INC.,

)

)

Defendant.

)

)

_________________________________))

CLOSED CASE
CIVIL ACTION NO. 99-9077 -CIV -HURLEY/LYNCH
AUG - 9 2001

CONSENT DECREE

CLARENCE MADDOX CLERK U.S. DIST. CT. S.D. OF FlA. • W.P.B.

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 Plaintiff-Intervenor, Carrie Sabzalian (hereinafter referred to as

"Carrie Sabzalian") and Defendant Atlantis Golf Club, Inc., (hereinafter referred to as "Atlantis

Golf'). The Commission, Plaintiff-Intervenor and Atlantis Golf are collectively referred to herein

as "the Parties."

2. On December 20, 1999, EEOC initiated this action by filing a Complaint against

Atlantis Golf. EEOC's Complaint alleged that Atlantis Golf violated Title VII of the Civil Rights

Act of 1964, as amended, including but not limited to, amendments authorized by the Civil Rights

Act of 1991, 42 U.S.C. Section 2000e et seq. ("Title VII").

Case 9:99-cv-09077-DTKH Document 143 Entered on FLSD Docket 08/10/2001 Page 2 of 10
3. On March 23,2000, Plaintiff-Intervenor, Canie Sabzalian filed a Motion to Intervene in the above-styled case. On May 8, 2000, the Court granted the motion.
4. On March 22,1999, Atlantis Golf filed its Answer to EEOC's Complaint, denying its actions were discriminatory in any way.
5. In the interests of resolving this matter, to avoid the costs oflitigation, and as a result ofhaving engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns.
6. The Parties agree that this Decree resolves all claims against Atlantis Golfarising out of EEOC Charge Number 150-99-0691, and the Complaint filed in this action, and constitutes a complete resolution of all claims that were made by the Commission against Atlantis Golf in this action or that existed against Atlantis Golf in this action. The Parties further agree that this Decree does not resolve any Charges ofDiscrimination that may be pending with the EEOC other than the Charges referred to in this paragraph.
7. This Decree constitutes the complete agreement between the EEOC, Carrie Sabzalian and Atlantis Golfwith respect to the matters referred to herein. No representations or inducements to compromise this action have been made, other than those recited or referenced in this Decree. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved or ordered by the Court.
8. This Decree is not an adjudication or finding on the merits ofthis case and shall not be construed as an admission by Atlantis Golf of a violation of Title VII.
NOW, THEREFORE, the Court having carefully examined the terms and provisions ofthis Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED
2

Case 9:99-cv-09077-DTKH Document 143 Entered on FLSD Docket 08/10/2001 Page 3 of 10
AND DECREED THAT: 9. This Court has jurisdiction ofthe subject matter ofthis action and over the parties for
the purposes of entering and enforcing this Decree. GENERAL INJUNCTIVE PROVISIONS
10. Atlantis Golf, its officers, managerst employees, agents and partners, are enjoined from engaging in conduct which violates Title VII of the Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment, or by subjecting an individual to harassment, because of that individual's sex.
11. Atlantis Golf, its officers, managers, employees, agents and partners, are enjoined from engaging in any conduct which violates Title VII ofthe Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment or by discharging an employee for opposing or participating in any Title VII statutorily protected activity, including but not limited to: (a) filing a charge of discrimination with the EEOC alleging violation(s) of such statute(s); (b) cooperating with the EEOC in the investigation and/or prosecu!ion of any charge of discrimination; or (c) cooperating in the investigation or prosecution of this case. ,
SEXUAL HARASSMENT POLICY AND TRAINING 12. Atlantis Golf shall maintain the Policy Against Sexual Harassment attached hereto as Exhibit A and shall ensure that it is issued to all employees within thirty (30) days of the entry of this Decree. 13. Atlantis Golf further agrees that all new employees shall be given its Policy against Sexual Harassment within the first week of employment. 14. During the duration ofthis Decree, Atlantis Golf agrees that all of its managers and supervisory personnel shall be given training on the requirements of Title VII, with specific
3

Case 9:99-cv-09077-DTKH Document 143 Entered on FLSD Docket 08/10/2001 Page 4 of 10
emphasis on recognizing sexual harassment and the proper procedure to be followed if they become aware of sexual harassment in the workplace or if they receive a complaint ofsuch harassment. The training will take place in two separate sessions of 1 Yz hours each for management and rank-in-file employees. These sessions will be conducted annually. Atlantis Golf agrees to provide the EEOC, at least two weeks notice before it conducts its training session(s), with the date(s) and location(s) 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 of the names and titles of each employee who will be in attendance at the training. Additionally, Atlantis Golf agrees that the EEOC shall, at the EEOC's discretion, be in attendance at the training session.
15. Atlantis Golf agrees that the training described in Paragraph 13 shall be given to all new managers and supervisors within thirty (30) days of being placed in a management or supervisory position.
POSTING 16. Atlantis Golfwill post within seven days from the Court's execution of this Decree a copy ofthe Notice attached hereto as Exhibit B. Said notice shall be posted in the Kitchen's lunch area of Atlantis Golfs main restaurant, in a conspicuous location, accessible to all employees for the duration ofthis Decree.
MONITORING 17. Atlantis Golfwill retain all employment records relating in any way to any complaint, allegation and investigation of sex discrimination or retaliation at any of Atlantis Golfs facilities for the duration of this Decree and as required by law. 18. Atlantis Golf will certify to the EEOC every six (6) months throughout the duration ofthis Decree that it is in compliance with all aspects ofthis Decree. The first such certification will
4

Case 9:99-cv-09077-DTKH Document 143 Entered on FLSD Docket 08/10/2001 Page 5 of 10

be due no later than March 1, 2002. With each such certification, Atlantis Golf will provide the

EEOC with the name, address and phone number of any person who alleges they have been

subjected to sexual harassment or retaliation while working at any ofAtlantis Golfs facilities during

the preceding six (6) months. Atlantis Golf will also state its actions taken in response to each such

allegation. Atlantis Golf will provide, upon request,by the Commission any and all documentation

associated with each such complaint.

MONETARY RELIEF

19. Atlantis Golf shall pay Carrie Sabzalian a lump sum in the amount of $10,000.00,

which represents back pay, less amounts required to be withheld for federal, state, and local income

taxes. Atlantis Golfwill also issue an I.R.S. form and W-2, and shall be responsible for the payment

ofthe employer's share of any federal, state, or local income taxes, and social security withholdings.

The payments shall issue within fifteen (15) calendar days from the Court's execution ofthis Decree,

and shall be made by certified check in the name of Gary Lippman in trust for Carrie Sabzalian and

forwarded to Gary Lippman at his office address, The Barristers Building, 1615 Forum Place, Suite

1-B, West Palm Beach, Florida 33401, by Federal Express Mail. Said copies shall be forwarded to

the attention of Kenneth L. Gillespie, EEOC Trial Attorney, U.S. Equal Employment Opportunity

Commission, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.

~~<:\ 20. IfAtlantis Golffails to tender the above-mentioned payments as set forth in paragraph

)JI\ 1
JJ't_.tv-

~ then Atlantis Golf 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 non-compliance or delay of the Defendant.

DISPUTE RESOLUTION

21. In the event that any of the Parties to this Decree believes that a party has failed to

5

Case 9:99-cv-09077-DTKH Document 143 Entered on FLSD Docket 08/10/2001 Page 6 of 10
comply with any provisions(s) of this Decree, the complaining party shall notify the alleged noncomplying party in writing of such non-compliance and afford the alleged non-complaining party ten (1 0) business days to remedy the non-compliance or satisfy the complaining party that it has complied. If the dispute is not resolved within ten (I 0) business days, the complaining party may apply to the Court for appropriate relief.
ENFORCEMENT OF DECREE 22. The Commission, Carrie Sabzalian and Atlantis Golf will make best efforts to effectuate the terms of this Decree.
COSTS 23. Each Party shall bear their own costs and attorneys' fees associated with this litigation.
DURATION OF CONSENT DECREE 24. The duration of this Decree shall be eighteen (18) months from the date of entry of the Decree. 25. This case will be dismissed with prejudice. However, the Court will retain jurisdiction to enforce this Consent Decree during the eighteen month (18) period that said Decree is in effect.
SO ORDERED, ADJUDGED AND DECREED, this ~ay of August, 2001.
6

Case 9:99-cv-09077-DTKH Document 143 Entered on FLSD Docket 08/10/2001 Page 7 of 10

AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

by: e ner Fra
Regional omey U.S. E al Employment Opportunity Commission Miami District Office One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131

AGREED TO: PLAINTIFF-INTERVENER CARRI ABZALIAN
by:
Plaintiff-Intervenor c/o Gary E. Lippman, P.A. 1615 Forum Place, Suite 1-B West Palm Beach, Florida 33401-2320

Date: cJ8/c'7 /0/

7

Case 9:99-cv-09077-DTKH Document 143 Entered on FLSD Docket 08/10/2001 Page 8 of 10
by: Gary E. Li pman, E ire Florida Bar Number: 0079121 Gary E. Lippman, P.A. 1615 Forum Place, Suite 1-B West Palm Beach, Florida 33401-2320
AGREED TO: FOR THE DEFENDANTS
by: 2PL~~ Ellen Malas y, Esqui Florida Bar Number: 724599 Gunster, Yoakley & Stewart, P.A. 777 South Flagler Drive, Suite 500 East West Palm Beach, Florida 33401
by: MICHAEL O'ROURKE General Manager, Atlantis Golf Club, Inc.
8

Case 9:99-cv-09077-DTKH Document 143 Entered on FLSD Docket 08/10/2001 Page 9 of 10
EXHIBIT "A" POLICY AGAINST SEXUAL HARASSMENT/RETALIATION
It is the policy of the Club that the work place is for work. It is our goal to provide a work place free oftensions involving matters which do not relate to the Club's business. In particular, but not limited to, an atmosphere of tension created by ethnic or religious remarks or animosity, unwelcome sexual advances, requests for sexual favors or other conduct of a sexual nature will not be tolerated. The Club believes that this kind of conduct simply does not belong in the work environment. Ethnic, religious or sexual considerations will not be used as the basis for employment decisions affecting any employee.
Verbal or physical conduct that unreasonably interferes with any employee's work performance or creates an intimidating, hostile or offensive work environment is a violation of this policy. Harassment of our employees by members or guests ofthe Club is also a violation ofthis policy.
At any time that an employee experiences any such harassment, the employee should immediately remove themselves from the situation and report the circumstances to his or her supervisor, the Club President or any Director. Appropriate action will be taken according to the circumstances.
Additionally, the Club requires a written report on forms developed for this purpose from the offended employee for any incident of harassment. Your cooperation in promptly reporting incidents of harassment is essential to the success of our policy. Corrective action can only occur if a report is made of the incident. Confidentiality will be maintained to the extent possible while dealing effectively with the problem. Copies of the report forms are included in this handbook for your convenience and use should it be necessary. Additional forms are available from your supervisor, the Department Manage, the Club President or a Director. It is the Club's intention to create a working atmosphere free of extraneous problems. It is therefore Club policy that ethnic, religious and sexual matters have no place in the Club. Your complete cooperation with respect to this policy is expected and appreciated.
9

Case 9:99-cv-09077-DTKH Document 143 Entered on FLSD Docket 08/10/2001 Page 10 of 10 EXHIBIT "B" NOTICE
NOTICE TO ALL EMPLOYEES Title VII of the Civil Rights Act of 1964 ("Title VII") protects individuals from discrimination in all aspects of their employment, including hiring, because of their race, religion, color, national origin, or sex. Atlantis GolfClub, Inc,assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC. Employees or applicants for employment who have questions about their rights under Title VII or any other federal antidiscrimination law may telephone the Miami District Office ofthe Equal Employment Opportunity Commission at 1-800-669-4000, (305) 530-6000 or (305)530-6007. Signed this -..2:taay of ,?'db , 2001.
Michael O'Rourke, General Manager
10

 
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U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:99-cv-09077-DTKH

CLOSED

Equal Employment, et al v. Atlantis Golf Club, Assigned to: Judge Daniel T. K. Hurley Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 12/17/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Kenneth Lawrence Gillespie Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6006 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren Ann Greenbaum Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6005 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Atlantis Golf Club, Inc.

represented by Ellen Steingesser Malasky Gunster Yoakley & Stewart 777 S Flagler Drive Suite 500 E West Palm Beach, FL 33401-6194 561-655-1980 Fax: 671-2501 Email: ellen_malasky@fpl.com LEAD ATTORNEY

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Plaintiff Carrie Sabzalian

ATTORNEY TO BE NOTICED
Ellen Steingesser Malasky Foley & Lardner 777 S Flagler Drive Suite 901 West Tower West Palm Beach, FL 33401-6163 561-655-5050 Email: ellen_malasky@fpl.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Stanley Lord, Jr. Foley & Lardner 111 N Orange Avenue Suite 1800 PO Box 2193 Orlando, FL 32801-2193 407-423-7656 Fax: 648-1743 Email: jlord@foley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary Edward Lippman 1615 Forum Place West Palm Beach, FL 33401 561-968-7088 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/17/1999 12/17/1999 12/17/1999 01/11/2000
02/10/2000

#

Docket Text

1 COMPLAINT filed; FILING FEE WAIVED A-7 FJL (Former Deputy Clerk) (Entered: 12/21/1999)
Magistrate identification: Magistrate Judge Frank J. Lynch, Jr. (Former Deputy Clerk) (Entered: 12/21/1999)
2 SUMMONS(ES) issued for Atlantis Golf Club, Inc. c/o Dan Stedem, Registered Agent (Former Deputy Clerk) (Entered: 12/21/1999)
3 ORDER REQUIRING COUNSEL TO MEET & FILE JOINT SCHEDULING REPORT filed (Signed by Judge Daniel T. K. Hurley on 1/11/00) CCAP [EOD Date: 1/12/00] (Former Deputy Clerk) (Entered: 01/12/2000)
4 Answer and affirmative defenses by Atlantis Golf Club, (Attorney Ellen Steingesser Malasky), (Former Deputy Clerk) (Entered: 02/10/2000)

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03/01/2000
03/13/2000 03/22/2000 03/24/2000 03/28/2000 04/19/2000
04/24/2000 05/02/2000 05/08/2000 05/09/2000 05/23/2000
05/23/2000 05/23/2000

5 ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND: dismissing Complaint with leave to refile an amended complaint within fifteen (15) days of the date of this order Defendant shall have ten (10 days from receipt of the amended complaint to file an answer (signed by Judge Daniel T.K. Hurley on 2/29/00) CCAP [EOD Date: 3/2/00] (Former Deputy Clerk) (Entered: 03/02/2000)
6 AMENDED COMPLAINT by Equal Employment, (Answer due 3/23/00 for Atlantis Golf Club) amending [1-1] complaint (Former Deputy Clerk) (Entered: 03/14/2000)
7 ANSWER and AFFIRMATIVE DEFENSES by Atlantis Golf Club, (Attorney Ellen Malasky) to amended complaint (Former Deputy Clerk) (Entered: 03/23/2000)
8 MOTION to Intervene by Carrie Sabzalian (Former Deputy Clerk) (Entered: 03/24/2000)
9 RETURN OF SERVICE executed for Atlantis Golf Club, on 1/21/00 Answer due on 2/10/00 for Atlantis Golf Club, (Former Deputy Clerk) (Entered: 03/29/2000)
10 ORDER TO SHOW CAUSE that the parties show cause why Sabzalian's motion to intervene should not be granted. Response to Order to Show Cause due 4/29/00 (Signed by Judge Daniel T. K. Hurley on 4/19/00) CCAP [EOD Date: 4/20/00] (Former Deputy Clerk) (Entered: 04/20/2000)
11 Proposed Joint Scheduling Report of Scheduling Meeting by Equal Employment, Atlantis Golf Club, (Former Deputy Clerk) (Entered: 04/25/2000)
12 RESPONSE to Order to Show Cause by Atlantis Golf Club, (Attorney John Stanley Lord Jr.) (Former Deputy Clerk) (Entered: 05/02/2000)
13 REPLY MEMORANDUM, to response to defendants [8-1] motion to Intervene, by Carrie Sabzalian (Former Deputy Clerk) (Entered: 05/08/2000)
14 ORDER granting [8-1] motion to Intervene by Carrie Sabzalian ( Signed by Judge Daniel T. K. Hurley on 5/8/00) CCAP [EOD Date: 5/10/00] (Former Deputy Clerk) (Entered: 05/10/2000)
15 ORDER SETTING TRIAL DATE & DISCOVERY DEADLINES, REFERRING CASE TO MEDIATION & REFERRING DISCOVERY TO UNITED STATES MAGISTRATE JUDGE: ORDER set Jury trial for 6/4/01 before Judge Daniel T. K. Hurley , set calendar call for 1:30 5/18/01 before Judge Daniel T. K. Hurley (See order for other deadlines)(Signed by Judge Daniel T. K. Hurley on 5/22/00) CCAP [EOD Date: 5/24/00] (Former Deputy Clerk) (Entered: 05/24/2000)
15 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Daniel T. K. Hurley on 5/22/00) CCAP [EOD Date: 5/24/00] (Former Deputy Clerk) (Entered: 05/24/2000)
15 ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Frank J. Lynch, Jr. ( Signed by Judge Daniel T. K. Hurley on 5/22/00) CCAP [EOD Date: 5/24/00] (Former Deputy Clerk) (Entered: 05/24/2000)

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05/26/2000 05/30/2000 06/06/2000
06/06/2000 06/08/2000 06/12/2000 06/19/2000 06/21/2000 07/10/2000 07/13/2000
07/17/2000 07/17/2000 07/17/2000 08/21/2000

17 AGREED MOTION TO AMEND CAPTION OF COMPLAINT with memorandum in support by Carrie Sabzalian to amend [16-1] amended complaint (Former Deputy Clerk) (Entered: 05/31/2000)
16 SECOND AMENDED COMPLAINT by Equal Employment , (Answer due 6/9/00 for Atlantis Golf Club, ) amending adding Carrie Sabzalian (Former Deputy Clerk) (Entered: 05/30/2000)
18 ORDER ON CARRIE SABZALIAN'S AGREED MOTION TO AMEND CAPTION OF COMPLAINT granting [17-1] motion to amend [16-1] amended complaint ( Signed by Judge Daniel T. K. Hurley on 6/5/00) CCAP [EOD Date: 6/6/00] (Former Deputy Clerk) (Entered: 06/06/2000)
19 NOTICE of Unavailability by Carrie Sabzalian (Former Deputy Clerk) (Entered: 06/06/2000)
20 DEFENDANT'S NOTICE OF CONSENT to Trial by Magistrate by Atlantis Golf Club, (Former Deputy Clerk) (Entered: 06/08/2000)
21 NOTICE of nonconsent to Magistrate jurisidiction ,by Equal Employment (Former Deputy Clerk) (Entered: 06/13/2000)
22 DEFENDANT'S ANSWER TO PLAINTIFF-INTERVENOR's Complaint by Atlantis Golf Club, (Attorney Ellen S. Malasky ) (Former Deputy Clerk) Modified on 06/20/2000 (Entered: 06/20/2000)
23 NOTICE of non-consent to magistrate jurisdiction by Equal Employment (cg, Deputy Clerk) (Entered: 07/11/2000)
24 JOINT MOTION by Equal Employment, Atlantis Golf Club, Carrie Sabzalian to modify pretrial discovery schedule order (cg, Deputy Clerk) (Entered: 07/11/2000)
25 ORDER GRANTING PARTIES' JOINT MOTION TO MODIFY PRETRIAL DISCOVERY SCHEDULE ORDER: ORDER granting [24-1] joint motion to modify pretrial discovery schedule order amending [15-3] order as follows: Plaintiff shalll disclose rule 26 expert reports by 11/1/00. Defendant shall disclose rule 26 expert reports by 12/1/00. Discovery cutoff shall be l20 days before the trial (Signed Judge Daniel T. K. Hurley on 7/13/00) CCAP [EOD Date: 7/14/00] (Former Deputy Clerk) (Entered: 07/14/2000)
26 MOTION by Atlantis Golf Club, to compel The Deposition of Plaintiff-Intervenor Carrie Sabzalian (Former Deputy Clerk) (Entered: 07/17/2000)
27 STIPULATION by Atlantis Golf Club, In Re: Withdrawing the Defendant's emergency motion to compel the Deposition of Plaintiff-Intervenor, Carrie Sabzalian (Former Deputy Clerk) (Entered: 07/20/2000)
WITHDRAWAL of [26-1] motion to compel The Deposition of Plaintiff-Intervenor Carrie Sabzalian (Former Deputy Clerk) (Entered: 07/20/2000)
28 NOTICE of selection of Eunice Baros as Mediator by Equal Employment, Atlantis Golf Club, Carrie Sabzalian (Former Deputy Clerk) (Entered:

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08/23/2000 08/23/2000 08/24/2000 09/26/2000
10/17/2000 10/20/2000
10/23/2000 12/07/2000 12/14/2000
12/14/2000 12/18/2000 12/20/2000

08/22/2000)
29 NOTICE of attorney appearance and stipulation for substitution of counsel for Carrie Sabzalian by Gary E. Lippman (Former Deputy Clerk) (Entered: 08/23/2000)
29 STIPULATION by Carrie Sabzalian In Re: Substitution of Counsel (Former Deputy Clerk) (Entered: 08/23/2000)
30 ORDER granting [29-1] stipulation for substitution of counsel(Signed by Judge Daniel T. K. Hurley on 8/24/00) CCAP [EOD Date: 8/25/00] (Former Deputy Clerk) (Entered: 08/25/2000)
31 NOTICE of attorney appearance for Equal Employment; Equal Employment request that ALL FURTHER DOCUMENTS IN THIS CASE BE DIRECTED TO THE UNDERSIGNED ATTORNEY, KENNETH L. GILLESPIE by Kenneth Lawrence Gillespie (Former Deputy Clerk) Modified on 09/26/2000 (Entered: 09/26/2000)
32 NOTICE of Change of Address of Attorney GARY E. LIPPMAN by Carrie Sabzalian (Former Deputy Clerk) (Entered: 10/17/2000)
33 ORDER SCHEDULING MEDIATION before Mediator: for 12/15/00 at 10:30 a.m. at the Law Office of Foley & Lardner, 777 South Flagler Drive, Phillips Point East Tower, Suite 200, West Palm Beach, Florida 33401 ( Signed by Judge Daniel T. K. Hurley on 10/19/00) CCAP [EOD Date: 10/23/00] (Former Deputy Clerk) (Entered: 10/23/2000)
34 NOTICE of Attorney's Charging Lien by former counsel of record Meirzwa & Associates for Carrie Sabzalian (Former Deputy Clerk) (Entered: 10/24/2000)
35 NOTICE of attorney appearance for Atlantis Golf Club, by Ellen Malasky (kw, Deputy Clerk) (Entered: 12/08/2000)
36 ORDER granting [35-1] appear/appearance notice that Gunster, Yoakley & Stewart, P.A. be substituted as counsel of record for defendant in place of their present counsel, Foley & Lardner and that Foley & Lardner be discharged from any and all further responsibilities with regard to this cause ( Signed by Judge Daniel T. K. Hurley on 12/14/00) CCAP [EOD Date: 12/15/00] (Former Deputy Clerk) (Entered: 12/15/2000)
37 JOINT MOTION by Equal Employment, Atlantis Golf Club, Carrie Sabzalian to extend time To disclose their experts' reports (Former Deputy Clerk) Modified on 12/20/2000 (Entered: 12/15/2000)
38 REPORT of Mediator that: All Plainitffs and trial counsel were present. All Defendants and/or defense trial counsel were present; The parties have agreed to continue the matter (Former Deputy Clerk) (Entered: 12/18/2000)
39 ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME; granting [37-1] motion to extend time To disclose their experts' reports ( Signed by Judge Daniel T. K. Hurley on 12/19/00) CCAP [EOD Date: 12/20/00] (Former Deputy Clerk) (Entered: 12/20/2000)

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01/03/2001 01/19/2001 01/23/2001
03/02/2001 03/08/2001 03/12/2001 03/12/2001 03/15/2001
03/26/2001 03/30/2001 04/02/2001 04/02/2001

40 NOTICE OF CONTINUED MEDIATION by Carrie Sabzalian (Former Deputy Clerk) (Entered: 01/03/2001)
41 JOINT MOTION with memorandum in support by Equal Employment, Carrie Sabzalian to extend time For a Thirty day extension of Remaining Litigation Deadine to permit Continuance of Formal Mediation (Former Deputy Clerk) (Entered: 01/22/2001)
42 ORDER GRANTING PARTIES' JOINT MOTION FOR THIRTY-DAY EXTENSION OF REMAINING LITIGATION DEADLINES TO PERMIT CONTINUANCE OF FORMAL MEDIATION; granting [41-1] motion to extend time For a Thirty day extension of Remaining Litigation Deadine to permit Continuance of Formal Mediation ( Signed by Judge Daniel T. K. Hurley on 1/22/01) CCAP [EOD Date: 1/23/01] (Former Deputy Clerk) (Entered: 01/23/2001)
43 MOTION with memorandum in support by Equal Employment, Atlantis Golf Club, Carrie Sabzalian to extend time for Discovery (Former Deputy Clerk) (Entered: 03/05/2001)
46 ORDER granting [43-1] motion to extend time to 3/20/01 for Discovery ( Signed by Magistrate Frank J. Lynch on 3/8/01) CCAP [EOD Date: 3/13/01] (cg, Deputy Clerk) (Entered: 03/13/2001)
44 MOTION by Atlantis Golf Club, for protective order The deposition of Atlantis' Corporate Representative by Plaintiff , and to quash (Former Deputy Clerk) (Entered: 03/13/2001)
45 MOTION with memorandum in support by Atlantis Golf Club, to strike Plaintiffs' Claims for Punitive Damages , or in the alternative, in limine To exclude evidence , and Argument at Trial relating to Punitive damages (Former Deputy Clerk) (Entered: 03/13/2001)
47 ORDER denying [45-1] motion to strike Plaintiffs' Claims for Punitive Damages, denying [45-2] motion in limine To exclude evidence, denying [45-3] motion Argument at Trial relating to Punitive damages ( Signed by Judge Daniel T. K. Hurley on 3/13/01) CCAP [EOD Date: 3/16/01] (Former Deputy Clerk) (Entered: 03/16/2001)
48 RESPONSE by Equal Employment, Carrie Sabzalian to [44-1] motion for protective order The deposition of Atlantis' Corporate Representative by Plaintiff, [44-2] motion to quash (Former Deputy Clerk) (Entered: 03/27/2001)
49 UNOPPOSED MOTION by Atlantis Golf Club, to extend time To file dispositive motions (Former Deputy Clerk) (Entered: 04/02/2001)
50 MOTION with memorandum in support by Carrie Sabzalian Pursuant to Rule 26(g)(3), 36 and 37, Fed R. Civ. P. to determine the sufficiency of defendant's answers to her request for admissions , and for sanctions and other relief (Former Deputy Clerk) (Entered: 04/02/2001)
51 ORDER GRANTING ATLANTIS GOLF CLUB, INC. UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE DISPOSITIVE MOTIONS; granting [49-1] motion to extend time To file dispositive motions Response to motion due 4/10/01 The parties shall have an extension from the April 3, 2001,

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04/02/2001
04/06/2001 04/10/2001 04/10/2001 04/10/2001 04/10/2001 04/10/2001 04/11/2001 04/16/2001 04/16/2001 04/19/2001 04/24/2001
04/25/2001 04/27/2001

dispostive motion deadline, up through and including April 10, 2001 ( Signed by Judge Daniel T. K. Hurley on 3/31/01) CCAP [EOD Date: 4/3/01] (Former Deputy Clerk) (Entered: 04/03/2001)
52 ORDER denying [44-1] motion for protective order The deposition of Atlantis' Corporate Representative by Plaintiff, denying [44-2] motion to quash ( Signed by Magistrate Frank J. Lynch on 4/2/01) CCAP [EOD Date: 4/4/01] (cg, Deputy Clerk) (Entered: 04/04/2001)
53 RESPONSE by Atlantis Golf Club, to Plaintiff's motion to compel financial worth discovery with incorporated memorandum of law (Former Deputy Clerk) (Entered: 04/09/2001)
54 MOTION by Equal Employment for partial summary judgment regarding defendant's second, third, and seventh affirmative defenses (Former Deputy Clerk) (Entered: 04/11/2001)
55 Statement of material facts not in dispute in support of by Equal Employment re: [54-1] motion for partial summary judgment regarding defendant's second, third, and seventh defenses (Former Deputy Clerk) (Entered: 04/11/2001)
56 MOTION with memorandum in support by Atlantis Golf Club, for summary judgment (Former Deputy Clerk) (Entered: 04/11/2001)
57 Statement of undisputed facts by Atlantis Golf Club, re: [56-1] motion for summary judgment (Former Deputy Clerk) (Entered: 04/11/2001)
58 NOTICE of filing deposition transcripts of Carrie Sabzalian and Michael O'Rourke by Atlantis Golf Club, (Former Deputy Clerk) (Entered: 04/11/2001)
59 NOTICE of Unavailability by attorney for Carrie Sabzalian for dates of: 5/18/01 through 5/28/01 (Former Deputy Clerk) (Entered: 04/12/2001)
60 RESPONSE by Atlantis Golf Club, to [50-1] motion Pursuant to Rule 26(g)(3), 36 and 37, Fed R. Civ. P. to determine the sufficiency of defendant's answers to her request for admissions (Former Deputy Clerk) (Entered: 04/17/2001)
61 REPLY by Equal Employment to response to Plaintiff EEOC's motion to compel Financial Worth discovery (Former Deputy Clerk) (Entered: 04/17/2001)
62 NOTICE OF WITHDRAWAL of it's previously filed motion to compel financial worth's discovery by Equal Employment of (Former Deputy Clerk) (Entered: 04/20/2001)
63 REPLY MEMORANDUM by Carrie Sabzalian in support of [50-1] motion Pursuant to Rule 26(g)(3), 36 and 37, Fed R. Civ. P. to determine the sufficiency of defendant's answers to her request for admissions, [50-2] motion for sanctions and other relief (Former Deputy Clerk) (Entered: 04/25/2001)
64 UNOPPOSED MOTION with memorandum in support by Carrie Sabzalian to extend time To serve response to defendant's motion for Summary Judgment (Former Deputy Clerk) (Entered: 04/26/2001)
65 RESPONSE by Atlantis Golf Club, in opposition to [55-1] Statement of (Former Deputy Clerk) (Entered: 04/30/2001)

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04/27/2001 04/27/2001 04/27/2001 04/30/2001
05/01/2001 05/01/2001
05/02/2001
05/03/2001 05/03/2001 05/03/2001 05/03/2001 05/03/2001 05/07/2001

66 RESPONSE by Equal Employment to [56-1] motion for summary judgment (Former Deputy Clerk) (Entered: 04/30/2001)
67 Statement of Material Facts in Dispute by Equal Employment re: [66-1] motion response (Former Deputy Clerk) (Entered: 04/30/2001)
68 NOTICE OF FILING deposition transcripts of Walle Bergsma and Diane Lawler is support of EEOC response to Defendant's motion for summary judgment by Equal Employment (Former Deputy Clerk) (Entered: 04/30/2001)
69 ORDER DENYING PLAINTIFF CARRIE SABZALIAN'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO SERVE RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; denying [64-1] motion to extend time To serve response to defendant's motion for Summary Judgment ( Signed by Judge Daniel T. K. Hurley on 4/26/01) CCAP [EOD Date: 4/30/01] (Former Deputy Clerk) (Entered: 04/30/2001)
70 ORDER ON TRIAL PREPARATION: Trial Instructions ( Signed by Judge Daniel T. K. Hurley on 4/30/01) CCAP [EOD Date: 5/1/01] (Former Deputy Clerk) (Entered: 05/01/2001)
71 ORDER granting [50-1] motion Pursuant to Rule 26(g)(3), 36 and 37, Fed R. Civ. P. to determine the sufficiency of defendant's answers to her request for admissions, denying [50-2] motion for sanctions and other relief ( Signed by Magistrate Frank J. Lynch on 5/1/01) CCAP [EOD Date: 5/2/01] (cg, Deputy Clerk) (Entered: 05/02/2001)
72 ORDER SETTING ORAL ARGUMENTS; before Judge Daniel T. K. Hurley, set Motion hearing set for 8:30 6/4/01 for [56-1] motion for summary judgment, set for 8:30 6/4/01 for [54-1] motion for partial summary judgment regarding defendant's second, third, and seventh affirmative defenses ( Signed by Judge Daniel T. Hurley on 5/1/01) CCAP [EOD Date: 5/3/01] (Former Deputy Clerk) (Entered: 05/03/2001)
73 APPLICATION by Carrie Sabzalian for leave to file Response to Defendant's Motion for Summary Judgment out of time with incorporated memorandum of law (Former Deputy Clerk) (Entered: 05/03/2001)
74 RESPONSE by Carrie Sabzalian to [56-1] motion for summary judgment (Former Deputy Clerk) (Entered: 05/03/2001)
75 Statement of Material Facts presenting genuine issues to be tried and controverting statements of "Undisputed Facts" submitted by Defendant by Carrie Sabzalian re: [56-1] motion for summary judgment (Former Deputy Clerk) (Entered: 05/03/2001)
76 NOTICE OF FILING ADMISSIONS by Carrie Sabzalian (Former Deputy Clerk) (Entered: 05/03/2001)
77 UNOPPOSED MOTION by Equal Employment to extend time To reply to defendant's response to Plaintiff EEOC's Motion for Partial Summary Judgment (Former Deputy Clerk) (Entered: 05/04/2001)
78 REPLY by Equal Employment to response to [54-1] motion for partial summary judgment regarding defendant's second, third, and seventh affirmative defenses

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05/08/2001 05/08/2001 05/08/2001 05/08/2001 05/08/2001 05/08/2001 05/08/2001 05/10/2001
05/10/2001
05/11/2001 05/11/2001 05/11/2001 05/11/2001 05/11/2001

(Former Deputy Clerk) (Entered: 05/08/2001)
79 NOTICE OF FILING DEPOSITION TRANSCRIPTS; by Atlantis Golf Club, (Former Deputy Clerk) (Entered: 05/09/2001)
80 DEPOSITION of Eduardo Gomez (Former Deputy Clerk) (Entered: 05/09/2001)
81 DEPOSITION of Sue Babbs, Volumes I & II (Former Deputy Clerk) Modified on 05/09/2001 (Entered: 05/09/2001)
82 DEPOSITION of Anna Hollabaugh (Former Deputy Clerk) (Entered: 05/09/2001)
83 DEPOSITION of Daniel Stedem (Former Deputy Clerk) (Entered: 05/09/2001)
84 MOTION by Atlantis Golf Club, one day extension of time to file a reply to the EEOC'S response to Defendant's Motion for Summary Judgment (Former Deputy Clerk) (Entered: 05/09/2001)
85 REPLY by Atlantis Golf Club, to response to [56-1] motion for summary judgment (Former Deputy Clerk) (Entered: 05/09/2001)
86 ORDER GRANTING ATLANTIS GOLF CLUB, INC.'S MOTION FOR ENLARGEMENT OF TIME TO FILE ITS REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT; granting [84-1] motion for a one day extension of time to file a reply to the EEOC'S response to Defendant's Motion for Summary Judgment set reply deadline for 5/11/01 ( Signed by Judge Daniel T. K. Hurley on 5/9/01) CCAP [EOD Date: 5/10/01] (Former Deputy Clerk) (Entered: 05/10/2001)
87 ORDER GRANTING PLAINTIFF CARRIE SABZALIAN'S APPLICATION FOR LEAVE TO FILE RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OUT OF TIME; granting [73-1] motion for leave to file Response to Defendant's Motion for Summary Judgment out of time with incorporated memorandum of law ( Signed by Judge Daniel T. K. Hurley on 5/9/01) CCAP [EOD Date: 5/11/01] (Former Deputy Clerk) (Entered: 05/11/2001)
88 MOTION by Atlantis Golf Club, to extend time To file reply to Plaintiff, Carrie Sabzalian's response to defendant's motion for Summary Judgment (Former Deputy Clerk) (Entered: 05/14/2001)
89 NOTICE OF UNILATERAL SUBMISSION ON JURY INSTRUCTIONS by Equal Employment, Carrie Sabzalian (Former Deputy Clerk) (Entered: 05/14/2001)
90 PROPOSED Jury instructions and Verdict form (Former Deputy Clerk) (Entered: 05/14/2001)
91 NOTICE OF FILING JOINT PRETRIAL STIPULATION by Equal Employment, Atlantis Golf Club, Carrie Sabzalian (Former Deputy Clerk) (Entered: 05/14/2001)
92 JOINT PRETRIAL STIPULATION by Equal Employment, Atlantis Golf Club, Carrie Sabzalian (Former Deputy Clerk) (Entered: 05/14/2001)

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05/14/2001 05/14/2001 05/15/2001 05/15/2001 05/16/2001 05/16/2001
05/16/2001 05/16/2001 06/01/2001 06/05/2001
06/12/2001
06/13/2001 06/13/2001

93 JOINT PRETRIAL STIPULATION by Atlantis Golf Club, (Former Deputy Clerk) (Entered: 05/14/2001)
94 NOTICE of filing exhibit "H" to the joint pre-trial stipulation by Atlantis Golf Club, (Former Deputy Clerk) (Entered: 05/14/2001)
95 AMENDED RESPONSE by Atlantis Golf Club, to Discovery Re: [71-1] order (Former Deputy Clerk) (Entered: 05/16/2001)
96 PROPOSED Jury instructions (Former Deputy Clerk) (Entered: 05/16/2001)
97 NOTICE OF FILING attachment to the proposed jury instructions, docket #96 by Atlantis Golf Club, (Former Deputy Clerk) (Entered: 05/16/2001)
98 ORDER GRANTING ATLANTIC GOLF CLUB, INC'S MOTION FOR ENLARGEMENT OF TIME TO FILE ITS REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT; granting [88-1] motion to extend time To file reply to Plaintiff, Carrie Sabzalian's response to defendant's motion for Summary Judgment Reply to Response to Motion reset to 5/11/01 for [56-1] motion for summary judgment ( Signed by Judge Daniel T. K. Hurley on 5/16/01) CCAP [EOD Date: 5/17/01] (Former Deputy Clerk) (Entered: 05/17/2001)
99 REPLY by Atlantis Golf Club, to memorandum of law response in opposition to [56-1] motion for summary judgment (Former Deputy Clerk) (Entered: 05/17/2001)
100 NOTICE of filing PC-compatible disk to the proposed jury instructions, docket #96, by Atlantis Golf Club, (Former Deputy Clerk) (Entered: 05/17/2001)
101 APPLICATION with memorandum in support by Carrie Sabzalian for leave to file Statements of material Facts exceeding 10 pages NUNC PRO TUNC (Former Deputy Clerk) (Entered: 06/04/2001)
102 ORDER GRANTING PLAINTFF CARRIE SABZALIAN'S APPLICATION FOR LEAVE TO FILE HER STATEMENT OF MATERIAL FACTS EXCEEDING 10 PAGES UNC PRO TUNC: ORDER granting [101-1] motion for leave to file Statements of material Facts exceeding 10 pages NUNC PRO TUNC (Signed by Judge Daniel T. K. Hurley on 6/5/01) CCAP [EOD Date: 6/5/01] (Former Deputy Clerk) (Entered: 06/05/2001)
103 ORDER DENYING PLAINTIFF EEOC'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; denying [56-1] motion for summary judgment, denying [54-1] motion for partial summary judgment regarding defendant's second, third, and seventh affirmative defenses ( Signed by Judge Daniel T. K. Hurley on 6/11/01) CCAP [EOD Date: 6/12/01] (Former Deputy Clerk) (Entered: 06/12/2001)
104 MOTION by Atlantis Golf Club, in limine To Exclude Evidence of Sexually Oriented Web Sites and Internet Chat Rooms Allegedly Contained on Atlantis' Computer (at, Deputy Clerk) (Entered: 06/14/2001)
105 MOTION by Atlantis Golf Club, in limine To Exclude Evidence of Allegedly Offensive Bahavior Done Outside The Presence of Plaintiff, Sabzalian (at,

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06/13/2001 06/13/2001 06/13/2001 06/13/2001 06/21/2001 06/25/2001
06/28/2001
07/05/2001 07/05/2001 07/05/2001 07/05/2001

Deputy Clerk) (Entered: 06/14/2001)
106 MOTION by Atlantis Golf Club, in limine To Exclude All Testimony Regarding Alleged Infidelity of Pam Bergsma (at, Deputy Clerk) (Entered: 06/14/2001)
107 MOTION by Atlantis Golf Club, in limine Regarding Evidence of Alleged Lack of Harassment Training Received By Non-Employee Member of the Board of Directors (at, Deputy Clerk) (Entered: 06/14/2001)
108 MOTION by Atlantis Golf Club, in limine Regarding Evidence of Co-Workers' Alleged Lack of Familiarity With Harassment Policy (at, Deputy Clerk) (Entered: 06/14/2001)
109 MOTION with memorandum in support by Atlantis Golf Club, to strike Plaintiff Sabzalian's Supplemental Witnesses Tom Lawlor and Gerwin Jones (at, Deputy Clerk) (Entered: 06/14/2001)
110 UNOPPOSED MOTION with memorandum in support by Equal Employment to extend time to respond to Defendant Atlantis Golf Club, Inc's motions in limine (at, Deputy Clerk) (Entered: 06/22/2001)
111 ORDER GRANTING PLAINTIFF EEOC'S UNOPPOSED MOTION FOR A TEN DAY EXTENTION OF TIME TO RESPOND TO DEFENDANT, ATLANTIC GOLF CLUB, INC. MOTIONS IN LIMINE; granting [110-1] motion to extend time to respond to Defendant Atlantis Golf Club, Inc's motions in limine Response to motion due 7/12/01 ( Signed by Judge Daniel T. K. Hurley on 6/25/01) [EOD Date: 6/25/01] (Former Deputy Clerk) (Entered: 06/25/2001)
112 OMNIBUS RESPONSE by Carrie Sabzalian to [109-1] motion to strike Plaintiff Sabzalian's Supplemental Witnesses Tom Lawlor and Gerwin Jones, [108-1] motion in limine Regarding Evidence Co-Workers' Alleged Lack of Familiarity With Harassment Policy, [107-1] motion in limine Regarding Evidence of Alleged Lack of Harassment Training Received By Member of the Board of Directors, [106-1] motion in limine To Exclude All Testimony Regarding Alleged Infidelity of Bergsma, [105-1] motion in limine To Exclude Evidence of Allegedly Offensive Bahavior Done Outside The Presence of Plaintiff, Sabzalian, [104-1] motion in limine To Exclude Evidence of Sexually Oriented Web Sites and Internet Chat Rooms Allegedly Contained on Atlantis' Computer (at, Deputy Clerk) (Entered: 06/28/2001)
113 REPLY by Atlantis Golf Club, to response to [106-1] motion in limine To Exclude All Testimony Regarding Alleged Infidelity of Pam Bergsma (at, Deputy Clerk) (Entered: 07/06/2001)
114 REPLY by Atlantis Golf Club, to response to [107-1] motion in limine Regarding Evidence of Alleged Lack of Harassment Training Received By Non-Employee Member of the Board of Directors (at, Deputy Clerk) (Entered: 07/06/2001)
115 REPLY by Atlantis Golf Club, to response to [108-1] motion in limine Regarding Evidence of Co-Workers' Alleged Lack of Familiarity With Harassment Policy (at, Deputy Clerk) (Entered: 07/06/2001)
116 REPLY by Atlantis Golf Club, to response to [104-1] motion in limine To Exclude Evidence of Sexually Oriented Web Sites and Internet Chat Rooms Allegedly Contained on Atlantis' Computer (at, Deputy Clerk) (Entered:

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07/05/2001 07/05/2001 07/12/2001
07/12/2001
07/12/2001
07/17/2001 07/18/2001 07/19/2001 07/19/2001 07/20/2001 07/23/2001 07/23/2001 07/23/2001

07/06/2001)
117 REPLY by Atlantis Golf Club, to response to [105-1] motion in limine To Exclude Evidence of Allegedly Offensive Bahavior Done Outside The Presence of Plaintiff, Sabzalian (at, Deputy Clerk) (Entered: 07/06/2001)
118 REPLY by Atlantis Golf Club, to response to [109-1] motion to strike Plaintiff Sabzalian's Supplemental Witnesses Tom Lawlor and Gerwin Jones (at, Deputy Clerk) (Entered: 07/06/2001)
119 RESPONSE by Equal Employment in opposition to [104-1] motion in limine To Exclude Evidence of Sexually Oriented Web Sites and Internet Chat Rooms Allegedly Contained on Atlantis' Computer (Former Deputy Clerk) (Entered: 07/13/2001)
120 RESPONSE by Equal Employment to [108-1] motion in limine Regarding Evidence of Co-Workers' Alleged Lack of Familiarity With Harassment Policy, [107-1] motion in limine Regarding Evidence of Alleged Lack of Harassment Training Received By Non-Employee Member of the Board of Directors (Former Deputy Clerk) (Entered: 07/13/2001)
121 RESPONSE by Equal Employment to [106-1] motion in limine To Exclude All Testimony Regarding Alleged Infidelity of Pam Bergsma, [105-1] motion in limine To Exclude Evidence of Allegedly Offensive Bahavior Done Outside The Presence of Plaintiff, Sabzalian (Former Deputy Clerk) (Entered: 07/13/2001)
122 NOTICE of Unavailability by Atlantis Golf Club, for dates of: 08/03/01 through 8/13/01 (at, Deputy Clerk) (Entered: 07/18/2001)
123 MOTION by Atlantis Golf Club, to continue trial (Former Deputy Clerk) (Entered: 07/19/2001)
124 AFFIRMATION OF ENGAGEMENT BY COUNSEL by Carrie Sabzalian for dates of: 8/30/01 (at, Deputy Clerk) (Entered: 07/20/2001)
125 ORDER DENYING DEFENDANT'S MOTION TO CONTINUE TRIAL denying [123-1] motion to continue trial (Signed by Judge Daniel T. K. Hurley on 7/19/01) [EOD Date: 7/20/01] (at, Deputy Clerk) (Entered: 07/20/2001)
126 MOTION with memorandum in support by Atlantis Golf Club, to strike [121-1] motion response, [120-1] motion response, [119-1] opposition response (at, Deputy Clerk) (Entered: 07/23/2001)
127 REPLY by Atlantis Golf Club, to response to [108-1] motion in limine Regarding Evidence of Co-Workers' Alleged Lack of Familiarity With Harassment Policy (at, Deputy Clerk) (Entered: 07/24/2001)
128 REPLY by Atlantis Golf Club, to response to [106-1] motion in limine To Exclude All Testimony Regarding Alleged Infidelity of Pam Bergsma (at, Deputy Clerk) (Entered: 07/24/2001)
129 REPLY by Atlantis Golf Club, to response to [107-1] motion in limine Regarding Evidence of Alleged Lack of Harassment Training Received By Non-Employee Member of the Board of Directors (at, Deputy Clerk) (Entered: 07/24/2001)

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07/23/2001
07/23/2001 07/25/2001 07/25/2001 07/31/2001 08/02/2001
08/03/2001 08/03/2001 08/03/2001 08/03/2001 08/03/2001 08/03/2001 08/06/2001 08/09/2001

130 REPLY by Atlantis Golf Club, to response to [104-1] motion in limine To Exclude Evidence of Sexually Oriented Web Sites and Internet Chat Rooms Allegedly Contained on Atlantis' Computer (at, Deputy Clerk) (Entered: 07/24/2001)
131 REPLY by Atlantis Golf Club, to response to [105-1] motion in limine To Exclude Evidence of Allegedly Offensive Bahavior Done Outside The Presence of Plaintiff, Sabzalian (at, Deputy Clerk) (Entered: 07/24/2001)
132 Proposed Jury instructions to which plainitffs do not agree-Table of Authorities, by Atlantis Golf Club, (Former Deputy Clerk) (Entered: 07/25/2001)
133 NOTICE of filing Table of Authorites for defendatn's suggested juy instructions, by Atlantis Golf Club, (Former Deputy Clerk) (Entered: 07/25/2001)
134 MOTION by Atlantis Golf Club, to bring electronic equipment into the courtroom (at, Deputy Clerk) (Entered: 07/31/2001)
135 ORDER ON MOTION TO BRING LAPTOP COMPUTER TO TRIAL FOR USE BY DEFENDANT'S COUNSEL granting [134-1] motion to bring electronic equipment into the courtroom (Signed by Judge Daniel T. K. Hurley on 8/2/01) [EOD Date: 8/2/01] (at, Deputy Clerk) (Entered: 08/02/2001)
136 MOTION with memorandum in support by Carrie Sabzalian in limine To Exclude All Testimony Regarding Alleged DUI-Related Traffic Stops of Ms. Sabzalian (at, Deputy Clerk) (Entered: 08/03/2001)
137 MOTION with memorandum in support by Equal Employment in limine to exclude evidence of two police report unrelated to title VII claims of sexual harassment (at, Deputy Clerk) (Entered: 08/06/2001)
138 MOTION with memorandum in support by Equal Employment in limine to exclude evidence of Carrie Sabzalian's and non-party's Joint Bank Records (at, Deputy Clerk) (Entered: 08/06/2001)
139 MOTION by Equal Employment in limine to exclude evidence of Carrie Sabzalian's past sexual behavior or alleged sexual predisposition (at, Deputy Clerk) (Entered: 08/06/2001)
140 Proposed Voir dire questions by Equal Employment (at, Deputy Clerk) (Entered: 08/06/2001)
141 Proposed Voir dire questions by Carrie Sabzalian (at, Deputy Clerk) (Entered: 08/06/2001)
142 NOTICE of Filing Special Jury Verdict Form by Atlantis Golf Club, (at, Deputy Clerk) (Entered: 08/07/2001)
143 CONSENT DECREE The Commission, Carrie Sabzalian and Atlantis Golf will make best efforts to effectuate the terms of this Decree. Each party shall bear its own costs and attorneys' fees associated with this litigation. The duration of this Decree shall be eighteen (18) months from the date of entry of the Decree. This case will be dismissed with prejudice. However, the Court will retain jurisdiction to enforce this Consent Decree during the eighteen month (18) period that said Decree is in effect. (Signed by Judge Daniel T. K. Hurley on 8/7/01) [EOD Date:

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08/09/2001 08/09/2001 08/09/2001

8/10/01] (at, Deputy Clerk) (Entered: 08/10/2001)
144 STIPULATION FOR DISMISSAL WITH PREJUDICE (Signed by Judge Daniel T. K. Hurley on 8/7/01) [EOD Date: 8/10/01] (at, Deputy Clerk) (Entered: 08/10/2001)
145 ORDER OF CLOSE OUT The Clerk of Court shall enter the case as CLOSED and declare all pending motions DENIED as moot (Signed by Judge Daniel T. K. Hurley on 8/7/01) [EOD Date: 8/10/01] (at, Deputy Clerk) (Entered: 08/10/2001)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (at, Deputy Clerk) (Entered: 08/10/2001)

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