Case 8:05-cv-01813-EAK-TGW Document 1 Filed 09/29/2005 Page 1 of 6

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

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

DIVERSIFIED BEHAVIORAL HEALTH

)

SOLUTIONS, INC. f/ka/ and d/b/a

)

CENTRAL FLORIDA YOUTH SERVICES, INC. )

)

Defendant.

)

)

)

__________________________________________/

CIVIL ACTION NO.:
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 Melissa Everett, Fontella Luther, and other similarly situated individuals who

were adversely affected by such practices. As stated with greater particularity in paragraph 7 below,

the United States Equal Employment Opportunity Commission alleges that Melissa Everett, Fontella

Luther, and any other similarly situated individuals were subjected to sexual harassment by

Defendant’s Chief Executive Officer and President Joshua Ford. The conduct was sufficiently

severe and pervasive to constitute an intimidating, hostile and offensive work environment.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII

Case 8:05-cv-01813-EAK-TGW Document 1 Filed 09/29/2005 Page 2 of 6
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.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Tampa Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission (the “EEOC” or the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Diversified Behavioral Health Solutions, Inc. f/ka/ and d/b/a as Central Florida Youth Services, Inc. (the “Employer”), has continuously been a Florida corporation doing business in the State of Florida and the City of Bowling Green, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Melissa Everett and Fontella Luther each 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. 7. Since at least December of 2002, Defendant Employer has engaged in unlawful employment practices at its Bowling Green facility in violation of Section 703(a) of Title VII and
2

Case 8:05-cv-01813-EAK-TGW Document 1 Filed 09/29/2005 Page 3 of 6
42 U.S.C. § 2000e-2(a). a. Melissa Everett was subjected to sexual harassment by Defendant’s Chief Executive Officer and President Joshua Ford in the form of unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The harassment included, but was not limited to, sexually offensive comments regarding male and female genitals, intercourse and oral sex; gender based offensive comments; sexually offensive gestures; on the job displays of pornographic visual materials in e-mails depicting fellatio. b. Defendant Employer is liable for the unlawful sexual harassment to which it subjected Melissa Everett during her employment. c. Fontella Luther was subjected to sexual harassment by Defendant’s Chief Executive Officer and President Joshua Ford in the form of unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The harassment included, but was not limited to, sexually offensive comments regarding male and female genitals, intercourse and oral sex; gender based offensive comments; sexually offensive gestures. d. Defendant Employer is liable for the unlawful sexual harassment to which it subjected Fontella Luther during her employment. e. Other similarly situated female employees of the Defendant Employer were subjected to sexual harassment by Defendant’s Chief Executive Officer and President Joshua
3

Case 8:05-cv-01813-EAK-TGW Document 1 Filed 09/29/2005 Page 4 of 6
Ford in the form of unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. Defendant Employer is liable for the unlawful sexual harassment to which it subjected other similarly situated females to during their employment. 8. The effect of the conduct complained of in paragraph 7 above has been to deprive Melissa Everett and Fontella Luther and any other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees on the basis 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 Melissa Everett and Fontella Luther and other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment, or any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for all its employees regardless of sex, and which eradicate the effects of its past unlawful employment practices.
4

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C. Order Defendant Employer to make whole Melissa Everett and Fontella Luther and any other similarly situated individuals by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above including, but not limited to, medical expenses and out of pocket losses, in amounts to be determined at trial.
D. Order Defendant Employer to make whole Melissa Everett and Fontella Luther, and any other similarly situated individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above including, but not limited to, emotional pain, suffering, humiliation, inconvenience, loss of enjoyment of life, in amounts to be determined at trial.
E. Order Defendant Employer to pay Melissa Everett and Fontella Luther and any other similarly situated individuals punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully Submitted,
JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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Case 8:05-cv-01813-EAK-TGW Document 1 Filed 09/29/2005 Page 6 of 6
DELNER FRANKLIN-THOMAS Regional Attorney s/Carla J. Von Greiff CARLA J. VON GREIFF Senior Trial Attorney Florida Bar No. 0110566 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 501 East Polk Street Suite 1000 Tampa, Florida 33602 Tel. (813) 228-2020 (direct) Tel. (813) 228-2310 (general) Fax (813) 228-2045
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 Case 8:05-cv-01813-EAK-TGW Document 18 Filed 01/11/2006 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
United States Equal Employment Opportunity Commission,

Plaintiff,
Melissa Everett and Fontella Luther,

Case No: 8:05-CV-1813-T-17TGW

Intervening Plaintiffs,

V,

JURY TRIAL DEMANDED

Diversified Behavioral Health Solutions, Inc. f/k/a

and d/b/a Central Florida Youth Services,

Defendant.

PLAINTIFF INTERVENORS’ COMPLAINT1

Premlinary Statement

1.

Plaintiff Intervenors, Melissa Everett and Fontella Luther, are two women

who were injured by a gender based hostile environment at Defendant’s Bowling Green,

Florida worksite. Among other things, Ms. Everett and Ms. Luther were subject to

sexually offensive comments regarding male and female genitalia, intercourse and oral

sex; gender based offensive comments; and sexually offensive gestures.

2.

Ms. Everett and Ms. Luther filed timely charges of discrimination with

the U.S. Equal Employment Opportunity Commission (EEOC), which issued a

determination that Defendant maintained a gender based hostile working environment

Plaintiff Intervenors substitute this complaint for the Complaint (Doc. 16) which contained scrivener’s errors.

Case 8:05-cv-01813-EAK-TGW Document 18 Filed 01/11/2006 Page 2 of 7

and violated Plaintiff Intervenors’ rights under Title VII

3.

Ms. Everett and Ms. Luther bring this action seeking to enforce

their rights for Defendant’s acts of discrimination in violation of Title VII of the Civil

Rights Act of the 1964, as amended (Title VII) and the Florida Civil Rights Act (FCRA).

Jurisdiction and Venue

4. Jurisdiction of this matter is conferred by 28 U.S.C. {}{}1331 and 1343(3);

and 42 U.S.C. {}2000e-5(f)(1) and (3). Supplemental jurisdiction of Plaintiffs’ state law

claims is conferred by 28 U.S.C. {}1367, as Plaintiffs’ state and federal law claims arise

out of a common nucleus of operative facts, as more fully set forth below.

o Venue is proper pursuant to 28 U.S.C. {}1391(b).

Parties

6. Plaintiff Intervenors EVERETT and LUTHER are women and were

residents of Hardee County and DeSoto County, Florida at all relevant times.

7. Plaintiff United States Equal Employment Opportunity Commission

(hereinafter "EEOC") is the agency of the United States of America charged with the

administration, interpretation and enforcement of Title VII.

8. Defendant Diversified Behavioral Health Solutions, Inc. f/k/a/and

d/b/a Central Florida Youth Services, Inc. (CFYS) is a Florida corporation with its

principal place of business in Bowling Green, Florida and has continuously employed at

least 15 employees.

o At all relevant times, Defendant was an employer within the meaning of the Title VII.

10. At all relevant times, Defendant was an employer within the meaning of

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Case 8:05-cv-01813-EAK-TGW Document 18 Filed 01/11/2006 Page 3 of 7
the FCRA Statement of Facts
11. Since at least December 2002, Defendant maintained a gender based hostile working environment in which Plaintiff Intervenors were required to work on almost a daily basis as more fully set forth below and in the specific Statements of Fact as to each Plaintiff Intervenor.
12. Defendant’s Chief Executive Officer and President Joshua Ford sexually harassed Plaintiff Intervenors at Defendant’s Bowling Green, Florida facility and worksite making frequent references to intercourse and oral sex often in the presence of Plaintiff Intervenors and when addressing Plaintiff Intervenors and other women.
13. The above-described harassment and discrimination was directed at Plaintiff Intervenors because they are women.
14. The above-described harassment was so severe and pervasive that it substantially altered the terms and conditions of Plaintiff Intervenors’ employment and created a discriminatorily abusive working environment for Plaintiff Intervenors. Melissa Everrett
15. Defendant sexually harassed Ms. Everett, including but not limited to, sexually offensive remarks regarding male and female genitalia, intercourse and oral sex; gender based offensive comments; sexually offensive gestures; and on the job displays of pornographic visual materials in emails depicting fellatio.
16. Despite complaints about sexual harassment to Supervisor Rodney Jones, Defendant took no immediate effective corrective action.
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Case 8:05-cv-01813-EAK-TGW Document 18 Filed 01/11/2006 Page 4 of 7
17. Defendant terminated Ms. Everett in July 2005, upon information and belief and subject to further discovery, after participating in an EEOC investigation. Fontella Luther
18. Defendant sexually harassed Ms. Luther, including but not limited to, sexually offensive remarks regarding male and female genitalia, inter6ourse and oral sex; gender based offensive comments; and sexually offensive gestures.
19. Despite complaints about sexual harassment to Supervisor Rodney Jones, Defendant took no immediate effective corrective action.
20. Defendant terminated Ms. Luther in September 2005, upon information and belief and subject to further discovery, after participating in an EEOC investigation. Malice and Reckless Disregard
21. In subjecting PlaintiffIntervenors to a gender based hostile work environment and in causing Plaintiff Intervenors to suffer damage because of their wrongful actions, defendant acted with malice and with reckless disregard for Plaintiff Intervenors’ federally protected rights, and for their rights under Florida law. ADMINISTRATIVE REMEDIES EXHAUSTED
22. Plaintiff Intervenors filed timely charges of discrimination with the EEOC, which issued a determination that Defendant maintained a gender based hostile working environment and violated Plaintiff Intervenors’ rights under Title VII. Conciliation efforts failed and Plaintiff EEOC filed the instant lawsuit on September 29, 2005.
23. The FCHR never made a determination regarding Plaintiff Intervenors’ claims. More than 180 days have passed since Plaintiff Intervenors filed their charges of discrimination.
4

Case 8:05-cv-01813-EAK-TGW Document 18 Filed 01/11/2006 Page 5 of 7

24. Ms. Everett currently has a charge of retaliation pending at the EEOC. Ms.

Everett does not assert her retaliation claims at this time, but instead notices this Court

and the parties of her intent to add this claim once all conditions precedent have been

satisfied.

25. Ms. Luther currently has a charge of retaliation and race discrimination

pending at the EEOC. Ms. Luther does not assert her retaliation or race claims at this

time, but instead notices this Court and the parties of her intent to add these claims once

all conditions precedent have been satisfied.

COUNT I. TITLE VII

26.

PlaintiffIntervenors incorporate paragraphs 1-22 by reference.

27.

As a result of Defendant’s actions as described above, Plaintiff

Intervenors suffered injury and damages, including but not limited to compensatory

damages for emotional distress and punitive damages for Defendants reckless disregard

of their fights under Title VII, 42 U.S.C. §2000e, et. seq.

COUNT II. FLORIDA CIVIL RIGHTS ACT

28. Plaintiff Intervenors incorporate paragraphs 1-21 and 23 by reference.

29. As a result of Defendant’s actions as described above, Plaintiff Intervenors

suffered injury and damages, including but not limited to compensatory damages for

emotional distress and punitive damages for Defendants reckless disregard of their rights

under the FCRA.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Intervenors pray that this honorable Court enter an order:

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Case 8:05-cv-01813-EAK-TGW Document 18 Filed 01/11/2006 Page 6 of 7

A)

Declaring that Defendant violated Plaintiff Intervenors’ rights

under Title VII as set forth herein; and

B)

Declaring that Defendant violated Plaintiff Intervenors’ rights

under the FCRA as set forth herein; and

C)

Enjoining Defendant from future violations of the Title VII and

the FCRA as set forth herein; and

D)

Granting Judgment in favor of Plaintiff Intervenors on all

counts, including an award of damages as set forth herein, plus

costs and attorneys’ fees under 42 U.S.C. §2000e-5(k), 42

U.S.C. §1988 and other applicable statutes; and

E)

Granting such other relief as this Court deems just and proper.

Certificate of Service I hereby certify that a copy of the foregoing has been sent via cm/ecf to Plaintiff EEOC’s counsel and to Defendant’s counsel on this 10th day of January 2006. A copy of the foregoing has been sent via regular U.S. Mail to Plaintiffs EEOC counsel, Muslima Lewis, Esquire, U.S. EEOC, One Biscayne Tower, Suite 2700, 2 South Biscayne Boulevard, Miami, Florida 33131 and Defendant’s Counsel Peter Zinober, Esquire and Megan Lenker Pritts, Zinober & McCrea, P.A., 201 East Kennedy Boulevard, Suite 800, Tampa, Florida 33602 on this 11th day of January 2006.

Respectfully submitted,

/s/Adria LYnn Silva Adria Lynn Silva, Trial Counsel Florida Bar No. 0137431 Harris & Helwig, P.A.
Post Office Box 770849 Naples, FL 34107-0849 239-514-4855 Direct Telephone Line/Fax 239-571-2855 Cellular Telephone
AdriaL’~nnSilva@aol.com

6

Case 8:05-cv-01813-EAK-TGW Document 18 Filed 01/11/2006 Page 7 of 7 /s/Peter F. Helwig
Peter F. Helwig, Esquire Florida Bar No.: 0588113 Harris & Helwig, P.A. 6700 South Florida Avenue, Suite 31 Lakeland, Florida 33813 863-648-2958 telephone 863-619-8901 facsimile
7

 
 Case 8:05-cv-01813-EAK-TGW Document 33 Filed 07/07/2006 Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

MELISSA EVERETT and FONTELLA LUTHER,

Intervenors,

v.

CASE NO. 8:05-CV-1813-T-17TGW

DIVERSIFIED BEHAVIORAL HEALTH SOLUTIONS, INC., Etc.,

Defendant.

__________________________/ ORDER
This cause is before the Court on: Dkt. 24 Motion to Consolidate Dkt. 30 Opposition

Plaintiff Intervenors Everett and Luther and Plaintiff Rodney Jones request the consolidation of their cases against Defendant.

The Complaint and Intervenors’ Complaint in this case is based on claims of gender-based hostile work environment commencing in December, 2002. The employment of Intervenors Everett and Luther was terminated in 2005. Intervenors’ claims of retaliation have not been added to the Complaint at this time.

Case 8:05-cv-01813-EAK-TGW Document 33 Filed 07/07/2006 Page 2 of 2
Case No. 8:05-CV-1813-T-17TGW In Case No. 8:05-CV-2358-T-17, the Complaint is based on
wrongful discharge. Plaintiff alleges his employment was terminated in 2004 for complaining about sexual harassment of other employees.
The Court recognizes that there are some common questions of fact, and it appears there will be common questions of law. However, each Plaintiff will still have to prove each individual claim. Consolidation will not necessarily result in improved economy and efficiency because of the factual differences between the claims. The Court also recognizes that separate trials will avoid various logistical problems associated with the presentation of evidence. After consideration, the Court denies the Motion to Consolidate. Accordingly, it is
ORDERED that the Motion to Consolidate is denied.
DONE and ORDERED in Chambers, in Tampa, Florida on this 7th day of July, 2006.
Copies to: All parties and counsel of record
2

 
 Case 8:05-cv-01813-EAK-TGW Document 59 Filed 02/07/2007 Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

and

MELISSA EVERETTE and FONTELLA LUTHER,

Plaintiff-Intervenors,

v.

CASENo.8:05-CV-1813-T-17TGW

DIVERSIFIED BEHAVIORAL HEALTH SOLUTIONS, INC.,

Defendant.

ORDER THIS CAUSE came on for consideration upon the Plaintiff EEOC and PlaintiffIntervenors' Joint Motion to Quash or Modify Subpoenas and for Protective Order (Doc. 25-1) and the defendant's response thereto (Doc. 35). The plaintiff and plaintiff-intervenors seek to quash or modify subpoenas regarding the production of the plaintiff-intervenors' personnel

Case 8:05-cv-01813-EAK-TGW Document 59 Filed 02/07/2007 Page 2 of 2
files. Originally, the matter was set for oral argument (Doc. 36). However, that hearing was canceled as a result of defense counsel withdrawing from representation of the defendant (see Docs. 37, 38). Thereafter, the defendant has not retained new counsel. Accordingly, the motion to quash will be granted.
It is, therefore, upon consideration ORDERED: That the Plaintiff EEOC and Plaintiff Intervenors , Joint Motion to Quash or Modify Subpoenas and for Protective Order (Doc. 25-1) be, and the same, is hereby GRANTED and the subpoenas regarding the plaintiffintervenors' personnel files are quashed and the files need not be produced.
~
DONE and ORDERED at Tampa, Florida, this ' / -day of February, 2007.
THOMAS G. WILSON UNITED STATES MAGISTRATE JUDGE
-2-

 
 UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
-vs-
DIVERSIFIED BEHAVIORAL HEALTH SOLUTIONS, INC., f/k/a and d/b/a CENTRAL FLORIDA YOUTH SERVICES, INC.,

Case No. 8:05-cv-1813-T-17TGW

Defendant. _____________________________________/

JUDGMENT IN A CIVIL CASE

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED
Final Default Judgment is entered in favor of Plaintiff United States Equal Employment Opportunity Commission, and in favor of Intervenor Plaintiffs, in the amount of $62,386.10 as to Intervenor Plaintiff Melissa Whittaker, and in the amount of $96,611.49 in favor of Intervenor Plaintiff Fontella Luther, against Defendant Diversified Behavioral Health Solutions, Inc., d/b/a Central Florida Youth Services, for which execution shall issue.

Date: October 24, 2007 Copies furnished to:

SHERYL L. LOESCH, CLERK
By:___s/Carrie Ayers Deputy Clerk

Counsel of Record Unrepresented Parties
-2-

CIVIL APPEALS JURISDICTION CHECKLIST

1.

Appealable Orders: Courts of Appeals have jurisdiction conferred and strictly limited by statute:

(a)

Appeals from final orders pursuant to 28 U.S.C. Section 1291: Only final orders and judgments of district courts, or final orders of bankruptcy

courts which have been appealed to and fully resolved by a district court under 28 U.S.C. Section 158, generally are appealable. A final decision

is one that “ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Pitney Bowes, Inc. V. Mestre, 701

F.2d 1365, 1368 (11th Cir. 1983). A magistrate judge’s report and recommendation is not final and appealable until judgment thereon is entered

by a district court judge. 28 U.S.C. Section 636(c).

(b)

In cases involving multiple parties or multiple claims, a judgment as to fewer than all parties or all claims is not a final, appealable decision

unless the district court has certified the judgment for immediate review under Fed.R.Civ.P. 54(b), Williams v. Bishop, 732 F.2d 885, 885-86

(11th Cir. 1984). A judgment which resolves all issues except matters, such as attorneys’ fees and costs, that are collateral to the merits, is

immediately appealable. Budinich v. Becton Dickinson & Co., 486 U.S. 196, 201, 108 S. Ct. 1717, 1721-22, 100 L.Ed.2d 178 (1988); LaChance

v. Duffy’s Draft House, Inc., 146 F.3d 832, 837 (11th Cir. 1998).

(c)

Appeals pursuant to 28 U.S.C. Section 1292(a): Appeals are permitted from orders “granting, continuing, modifying, refusing or dissolving

injunctions or refusing to dissolve or modify injunctions...” and from “[i]nterlocutory decrees...determining the rights and liabilities of parties

to admiralty cases in which appeals from final decrees are allowed.” Interlocutory appeals from orders denying temporary restraining orders are

not permitted.

(d)

Appeals pursuant to 28 U.S.C. Section 1292(b) and Fed.R.App.P.5: The certification specified in 28 U.S.C. Section 1292(b) must be obtained

before a petition for permission to appeal is filed in the Court of Appeals. The district court’s denial of a motion for certification is not itself

appealable.

(e)

Appeals pursuant to judicially created exceptions to the finality rule: Limited exceptions are discussed in cases including, but not limited

to: Cohen V. Beneficial Indus. Loan Corp., 337 U.S. 541,546,69 S.Ct. 1221, 1225-26, 93 L.Ed. 1528 (1949); Atlantic Fed. Sav. & Loan Ass’n

v. Blythe Eastman Paine Webber, Inc., 890 F. 2d 371, 376 (11th Cir. 1989); Gillespie v. United States Steel Corp., 379 U.S. 148, 157, 85 S. Ct.

308, 312, 13 L.Ed.2d 199 (1964).

2.

Time for Filing: The timely filing of a notice of appeal is mandatory and jurisdictional. Rinaldo v. Corbett, 256 F.3d 1276, 1278 (11th Cir. 2001). In civil

cases, Fed.R.App.P.4(a) and (c) set the following time limits:

(a)

Fed.R.App.P. 4(a)(1): A notice of appeal in compliance with the requirements set forth in Fed.R.App.P. 3 must be filed in the district court within

30 days after the entry of the order or judgment appealed from. However, if the United States or an officer or agency thereof is a party, the notice

of appeal must be filed in the district court within 60 days after such entry. THE NOTICE MUST BE RECEIVED AND FILED IN THE

DISTRICT COURT NO LATER THAN THE LAST DAY OF THE APPEAL PERIOD - no additional days are provided for mailing.

Special filing provisions for inmates are discussed below.

(b)

Fed.R.App.P. 4(a)(3): “If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when

the first notice was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period ends later.”

(c)

Fed.R.App.P.4(a)(4): If any party makes a timely motion in the district court under the Federal Rules of Civil Procedure of a type specified in

this rule, the time for appeal for all parties runs from the date of entry of the order disposing of the last such timely filed motion.

(d)

Fed.R.App.P.4(a)(5) and 4(a)(6): Under certain limited circumstances, the district court may extend the time to file a notice of appeal. Under

Rule 4(a)(5), the time may be extended if a motion for an extension is filed within 30 days after expiration of the time otherwise provided to file

a notice of appeal, upon a showing of excusable neglect or good cause. Under Rule 4(a)(6), the time may be extended if the district court finds

upon motion that a party did not timely receive notice of the entry of the judgment or order, and that no party would be prejudiced by an extension.

(e)

Fed.R.App.P.4(c): If an inmate confined to an institution files a notice of appeal in either a civil case or a criminal case, the notice of appeal is

timely if it is deposited in the institution’s internal mail system on or before the last day for filing. Timely filing may be shown by a declaration

in compliance with 28 U.S.C. Section 1746 or a notarized statement, either of which must set forth the date of deposit and state that first-class

postage has been prepaid.

3.

Format of the notice of appeal: Form 1, Appendix of Forms to the Federal Rules of Appellate Procedure, is a suitable format. See also Fed.R.App.P. 3(c).

A pro se notice of appeal must be signed by the appellant

4.

Effect of a notice of appeal: A district court loses jurisdiction (authority) to act after the filing of a timely notice of appeal, except for actions in aid of

appellate jurisdiction or to rule on a timely motion of the type specified in Fed.R.App.P. 4(a)(4).

Rev.: 4/04

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 Electronic Case Filing | U.S. District Court - Middle District of Florida

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?624891846140109-L_9...

U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:05-cv-01813-EAK-TGW

CLOSED

United States Equal Employment Opportunity Commission v. Diversified Behavioral Health Solutions, Inc. Assigned to: Judge Elizabeth A. Kovachevich Referred to: Magistrate Judge Thomas G. Wilson Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/29/2005 Date Terminated: 10/24/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Carla Johanna Von Greiff Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Ste. 1000 Tampa, FL 33602 813/202-7903 Fax: 813/228-2045 Email: carla.vongreiff@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cheryl A. Cooper Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/808-1853 Fax: 305/808-1835 Email: cheryl.cooper@eeoc.gov TERMINATED: 06/19/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Wells U. S. Equal Employment Opportunity Commission 501 E. Polk St. Suite 1000 Tampa, FL 33602 813/202-7902 Fax: 813/228-2045 Email: michael.wells@eeoc.gov

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V. Intervenor Plaintiff Melissa Everette

TERMINATED: 02/02/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Muslima Lewis American Civil Liberties Union Foundation of Florida, Inc. Suite 340 4500 Biscayne Blvd Miami, FL 33137 786/363-2729 Fax: 786/363-1448 Email: mlewis@aclufl.org TERMINATED: 02/02/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nora Ellen Curtin EEOC 2 South Biscayne Blvd. Suite 2700 Miami, FL 33131 305/808-1789 Fax: 305/808-1835 Email: nora.curtin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Peter Frederick Helwig Harris & Helwig, PA Suite 31 6700 S Florida Ave Lakeland, FL 33813 863/648-2958 Fax: 863/619-8901 Email: pfhelwig@tampabay.rr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adria Lynn Silva Adria Lynn Silva POB 770849 Naples, Fl 34107-0849 239/514-4855 Fax: 239/514-4855 Email: AdriaLynnSilva@aol.com TERMINATED: 04/13/2007

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Intervenor Plaintiff Fontella Luther

ATTORNEY TO BE NOTICED
Alicia Palomino Harris & Helwig, PA Suite 31 6700 S Florida Ave Lakeland, FL 33813 863/648-2958 Email: apalomino@tampabay.rr.com ATTORNEY TO BE NOTICED
Cheryl A. Cooper (See above for address) ATTORNEY TO BE NOTICED
Walter C. Thomas, Jr. Harris & Helwig, PA Suite 31 6700 S Florida Ave Lakeland, FL 33813 863/648-2958 Fax: 863/619-8901 Email: wthomaspa@tampabay.rr.com ATTORNEY TO BE NOTICED
represented by Peter Frederick Helwig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adria Lynn Silva (See above for address) TERMINATED: 04/13/2007 ATTORNEY TO BE NOTICED
Alicia Palomino (See above for address) ATTORNEY TO BE NOTICED
Cheryl A. Cooper (See above for address) ATTORNEY TO BE NOTICED
Walter C. Thomas, Jr. (See above for address) ATTORNEY TO BE NOTICED

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V.
Defendant
Diversified Behavioral Health Solutions, Inc. formerly known as Central Florida Youth Services, Inc.

represented by Luisette Gierbolini Zinober & McCrea, PA Suite 800 201 E Kennedy Blvd Tampa, FL 33602 813/224-9004 Fax: 813/223-4881 Email: lgierbolini@zmlaw.com TERMINATED: 11/07/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter W. Zinober Greenberg Traurig, LLP* Suite 100 625 E Twiggs St Tampa, FL 33602-3925 813-318-5700 Fax: 813-318-5900 Email: zinoberp@gtlaw.com TERMINATED: 11/07/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Megan Lenker Pritts University of South Florida Office of the General Counsel ADM 250 4202 E Fowler Ave Tampa, FL 33620-6250 813/974-2131 Fax: 813/974-5236 Email: mpritts@admin.usf.edu TERMINATED: 03/28/2006 ATTORNEY TO BE NOTICED

Date Filed 09/29/2005
09/29/2005

# Docket Text
1 COMPLAINT against Diversified Behavioral Health Solutions, Inc. ; jury demand , filed by United States Equal Employment Opportunity Commission.(ag) (Entered: 09/30/2005)
2 Summons issued as to Diversified Behavioral Health Solutions, Inc. Consent(s) issued. (ag) (Entered: 09/30/2005)

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10/17/2005 10/18/2005 10/19/2005 10/27/2005 11/18/2005 11/28/2005 11/28/2005 11/28/2005 11/29/2005 12/08/2005 01/06/2006 01/09/2006 01/09/2006
01/10/2006 01/10/2006 01/11/2006

3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/28/2005.Signed by Deputy Clerk on 10/17/2005. (cl-m) (Entered: 10/17/2005)
4 MOTION to substitute attorney by United States Equal Employment Opportunity Commission. (Lewis, Muslima) (Entered: 10/18/2005)
5 ENDORSED ORDER granting 4 Motion to substitute attorney. . Signed by Judge Elizabeth A. Kovachevich on 10/19/2005. (jm, ) (Entered: 10/19/2005)
6 MOTION to intervene by Melissa Everette, Fontella Luther. (Attachments: # 1)(Silva, Adria) (Entered: 10/27/2005)
7 RETURN of service executed on 11/8/2005 by United States Equal Employment Opportunity Commission as to Diversified Behavioral Health Solutions, Inc. (ejc) (Entered: 11/22/2005)
8 NOTICE of Appearance by Peter W. Zinober on behalf of Diversified Behavioral Health Solutions, Inc. (Zinober, Peter) (Entered: 11/28/2005)
9 NOTICE of Appearance by Megan Lenker Pritts on behalf of Diversified Behavioral Health Solutions, Inc. (Pritts, Megan) (Entered: 11/28/2005)
10 Consent MOTION for Extension of Time to File Response/Reply to Complaint by Diversified Behavioral Health Solutions, Inc.. (Pritts, Megan) (Entered: 11/28/2005)
11 ENDORSED ORDER granting 10 Motion for Extension of Time to File Response/Reply. Responses due by 12/12/2005. Signed by Judge Elizabeth A. Kovachevich on 11/29/2005. (jm, ) (Entered: 11/29/2005)
12 ANSWER to complaint and Affirmative Defenses by Diversified Behavioral Health Solutions, Inc..(Pritts, Megan) (Entered: 12/08/2005)
13 CASE MANAGEMENT REPORT. (Lewis, Muslima) (Entered: 01/06/2006)
14 ORDER granting 6 Motion to intervene . Signed by Judge Elizabeth A. Kovachevich on 1/9/2006. (jm, ) (Entered: 01/09/2006)
15 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/12/2077. Dispositive motions due by 2/12/2007. This case is a 30 hour jury trial.Signed by Judge Elizabeth A. Kovachevich on 1/9/2006. (jm, ) (Entered: 01/09/2006)
16 NOTICE by Melissa Everette, Fontella Luther of filing of Plaintiff Intervenors' Complaint and Plaintiff Intervenors' Complaint (Attachments: # 1)(Silva, Adria) (Entered: 01/10/2006)
17 NOTICE by Melissa Everette, Fontella Luther of filing Substitute Complaint and Plaintiff Intervenors' Complaint (Attachments: # 1)(Silva, Adria) (Entered: 01/10/2006)
18 INTERVENOR'S COMPLAINT, filed by Melissa Everette, Fontella Luther.(Helwig, Peter) (Entered: 01/11/2006)

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01/30/2006 03/28/2006 03/29/2006 03/30/2006 04/04/2006 06/07/2006 06/14/2006
06/15/2006 06/15/2006 06/15/2006 06/19/2006 06/26/2006
06/28/2006 06/30/2006 07/07/2006

19 ANSWER to intervenor complaint and Affirmative Defenses by Diversified Behavioral Health Solutions, Inc..(Pritts, Megan) (Entered: 01/30/2006)
20 NOTICE by Diversified Behavioral Health Solutions, Inc. of Withdrawal of Counsel (Pritts, Megan) (Entered: 03/28/2006)
21 NOTICE of Appearance by Luisette Gierbolini on behalf of Diversified Behavioral Health Solutions, Inc. (Gierbolini, Luisette) (Entered: 03/29/2006)
22 Unopposed MOTION to substitute attorney by United States Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 03/30/2006)
23 ENDORSED ORDER granting 22 Motion to substitute attorney. . Signed by Judge Elizabeth A. Kovachevich on 4/4/2006. (jm, ) (Entered: 04/04/2006)
24 MOTION to consolidate cases by Melissa Everette, Fontella Luther. (Attachments: # 1 Exhibit)(Silva, Adria) (Entered: 06/07/2006)
25 Joint MOTION to quash Subpoenas or Modify Subpoenas and for Protective Order by Melissa Everette, Fontella Luther, United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F)(Cooper, Cheryl) (Entered: 06/14/2006)
26 MOTION to substitute attorney by United States Equal Employment Opportunity Commission. (Wells, Michael) (Entered: 06/15/2006)
27 NOTICE of withdrawal of motion by United States Equal Employment Opportunity Commission Motion to Substitute Attorney (Wells, Michael) (Entered: 06/15/2006)
28 Unopposed MOTION to substitute attorney by United States Equal Employment Opportunity Commission. (Wells, Michael) (Entered: 06/15/2006)
29 ENDORSED ORDER granting 28 Motion to substitute attorney. . Signed by Judge Elizabeth A. Kovachevich on 6/19/2006. (jm, ) (Entered: 06/19/2006)
30 RESPONSE in opposition re 24 MOTION to consolidate cases filed by Diversified Behavioral Health Solutions, Inc.. (Attachments: # 1 Exh. 1 - Affidavit of Joshua Ford# 2 Exh. 2 - Responses to Interrogatories 6 and 7# 3 Exh. 3 Affidavit of Bruce Manssuer# 4 Exh. 4 - EEOC Rule 26 Initial Disclosures# 5 Exh. 5 - Intervenors' Rule 26 Initial Disclosures# 6 Exh. 6 - Rodney Jones' Rule 26 Initial Disclosures)(Gierbolini, Luisette) (Entered: 06/26/2006)
31 NOTICE by Diversified Behavioral Health Solutions, Inc. re 30 Response in opposition to motion, of Filing (Attachments: # 1 Notarized Affidavits of Joshua Ford and Bruce Manssuer)(Gierbolini, Luisette) (Entered: 06/28/2006)
32 MOTION to extend time to respond to plaintiffs' motion to quash subpoenas by Diversified Behavioral Health Solutions, Inc.. (Gierbolini, Luisette) (Entered: 06/30/2006)
33 ORDER denying 24 Motion to consolidate cases . Signed by Judge Elizabeth A. Kovachevich on 7/7/2006. (jm, ) (Entered: 07/07/2006)

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07/07/2006 07/24/2006
07/31/2006 08/14/2006 08/14/2006 08/18/2006 08/18/2006 08/29/2006 08/29/2006 11/06/2006 11/07/2006 11/07/2006

34 ORDER granting 32 Motion to extend time to July 24, 2006, to respond to plaintiffs' motion . Signed by Judge Thomas G. Wilson on 7/7/2006. (Wilson, Thomas) (Entered: 07/07/2006)
35 RESPONSE in opposition re 25 Joint MOTION to quash Subpoenas or Modify Subpoenas and for Protective Order filed by Diversified Behavioral Health Solutions, Inc.. (Attachments: # 1 Plaintiffs' Rule 26 Disclosures# 2 Intervenors' Rule 26 Disclosures# 3 Lees-Haley, Checklist of Information to Obtain in Psychological and Neuropsychological Cases# 4 Order# 5 Employment Application# 6 Employment Application# 7 Standards of Conduct# 8 EEOC's Response to Request for Production# 9 EEOC Enforcement Guidance: Compensatory and Punitive Damages Available under Section 102 of the Civil Rights Act of 1991)(Gierbolini, Luisette) (Entered: 07/24/2006)
36 Oral argument is scheduled for August 16, 2006 in Courtroom 12A at 2:30 PM before Magistrate Judge Thomas G. Wilson on the following motion: Motion 25 : Joint MOTION to quash Subpoenas or Modify Subpoenas and for Protective Order (DH) (Entered: 07/31/2006)
37 MOTION Postpone/Reschedule Oral Argument Currently Set for August 16, 2006 by Diversified Behavioral Health Solutions, Inc.. (Gierbolini, Luisette) (Entered: 08/14/2006)
38 ORDER granting 37 Motion to postpone hearing, and the hearing set for August 16, 2006, is cancelled . Signed by Judge Thomas G. Wilson on 8/14/2006. (Wilson, Thomas) (Entered: 08/14/2006)
39 MOTION for Zinober & McCrea, P.A. to withdraw as attorney by Diversified Behavioral Health Solutions, Inc.. (Gierbolini, Luisette) (Entered: 08/18/2006)
40 MOTION Motion Requesting Sixty (60) Days for Defendant to Retain New Counsel re 39 MOTION for Zinober & McCrea, P.A. to withdraw as attorney by Diversified Behavioral Health Solutions, Inc.. (Gierbolini, Luisette) (Entered: 08/18/2006)
41 ENDORSED ORDER granting 40 Motion for stay of 60 days to permit Defendant to obtain new counsel . Signed by Judge Elizabeth A. Kovachevich on 8/29/2006. (jm, ) (Entered: 08/29/2006)
42 ENDORSED ORDER ruling deferred 39 Motion to withdraw as attorney until new counsel has filed an appearance. . Signed by Judge Elizabeth A. Kovachevich on 8/29/2006. (jm, ) (Entered: 08/29/2006)
43 MOTION for Zinober & McCrea, P.A. to withdraw as attorney for Defendant by Diversified Behavioral Health Solutions, Inc.. (Gierbolini, Luisette) (Entered: 11/06/2006)
44 ENDORSED ORDER granting 43 Motion to withdraw as attorney.. Signed by Judge Elizabeth A. Kovachevich on 11/7/2006. (jm, ) (Entered: 11/07/2006)
45 ORDER TO SHOW CAUSE why sanctions should not be entered as to Diversified Behavioral Health Solutions, Inc.Show Cause Response due by 11/21/2006. Signed by Judge Elizabeth A. Kovachevich on 11/7/2006. (jm, ) (Entered: 11/07/2006)

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11/07/2006 12/15/2006 12/19/2006
01/03/2007
01/04/2007 01/04/2007 01/08/2007 01/19/2007
01/24/2007 01/25/2007 01/31/2007 02/01/2007

46 ENDORSED ORDER denying as moot 39 Motion to withdraw as attorney. Signed by Judge Elizabeth A. Kovachevich on 11/7/2006. (jm, ) (Entered: 11/07/2006)
47 MOTION to amend/correct Intervenors' Complaint by Melissa Everette, Fontella Luther. (Attachments: # 1 Exhibit Letters of Determination# 2 Exhibit Notices of Right to Sue# 3 Proposed Amended Complaint)(Silva, Adria) (Entered: 12/15/2006)
48 MOTION for Extension of Time to Complete Discovery AND EXTEND REMAINING LITIGATION DEADLINES by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Wells, Michael) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 12/19/2006)
49 MOTION for default judgment against Diversified Behavioral Health Solutions, Inc. AND REQUEST FOR ENTRY OF DEFAULT by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Wells, Michael) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 01/03/2007)
50 ENDORSED ORDER granting 47 motion to amend/correct Intervenors' Complaint, which shall be filed within ten days. Signed by Judge Elizabeth A. Kovachevich on 1/4/2007. (jm, ) (Entered: 01/04/2007)
51 ENDORSED ORDER granting 48 Motion for Extension of Time to Complete Discovery. The discovery cutoff is 4/12/2007 and dispositive motions shall be filed by 5/14/2007. Signed by Judge Elizabeth A. Kovachevich on 1/4/2007. (jm, ) (Entered: 01/04/2007)
52 AMENDED COMPLAINT Intervenors' Amended Complaint against Diversified Behavioral Health Solutions, Inc. with Jury Demand filed by Melissa Everette, Fontella Luther.(Silva, Adria) (Entered: 01/08/2007)
53 ORDER referring motion for evidentiary hearing and report and recommendation: 49 MOTION for default judgment against Diversified Behavioral Health Solutions, Inc. filed by United States Equal Employment Opportunity Commission. Signed by Judge Elizabeth A. Kovachevich on 1/19/2007. (jm, ) Motions referred to Thomas G. Wilson. (Entered: 01/19/2007)
54 ORDER granting 49 Motion for Default Judgment, Clerk directed to enter a default against the defendant in accordance with F.R.Civ.P. 55.. Signed by Judge Thomas G. Wilson on 1/24/2007. (Williams, Carrie) (Entered: 01/25/2007)
55 CLERK'S ENTRY OF DEFAULT as to Diversified Behavioral Health Solutions, Inc. (cda) (Entered: 01/25/2007)
56 MOTION for default Failure to Defend by Melissa Everette, Fontella Luther. (Silva, Adria) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 01/31/2007)
57 NOTICE by United States Equal Employment Opportunity Commission of Substitution of Counsel (Von Greiff, Carla) (Entered: 02/01/2007)

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02/02/2007 02/07/2007 03/26/2007 03/26/2007 04/12/2007 04/12/2007 04/13/2007 06/05/2007
06/22/2007 06/25/2007
09/27/2007
10/24/2007

58 ENDORSED ORDER re 57 Notice (Other) filed by United States Equal Employment Opportunity Commission, approving substitution. Signed by Judge Elizabeth A. Kovachevich on 2/2/2007. (jm, ) (Entered: 02/02/2007)
59 ORDER granting 25 Motion to quash - subpoenas regarding the plaintiff-intervernors' personnel files are quashed and the files need not be produced.. Signed by Judge Thomas G. Wilson on 2/7/2007. (Williams, Carrie) (Entered: 02/07/2007)
60 ENDORSED ORDER granting 56 Motion for default. Signed by Judge Elizabeth A. Kovachevich on 3/26/2007. (jm, ) (Entered: 03/26/2007)
61 ORDER REFERRING CASE to Magistrate Judge to conduct evidentiary hearing and for report and recommendation. Signed by Judge Elizabeth A. Kovachevich on 3/26/2007. (jm, ) (Entered: 03/26/2007)
62 NOTICE of Appearance by Adria Lynn Silva on behalf of Melissa Everette, Fontella Luther (Silva, Adria) (Entered: 04/12/2007)
63 Unopposed MOTION for Adria Lynn Silva to withdraw as attorney for health reasons by Melissa Everette, Fontella Luther. (Attachments: # 1 Exhibit # 2 Exhibit)(Silva, Adria) (Entered: 04/12/2007)
64 ENDORSED ORDER granting 63 Motion to withdraw as attorney.. Signed by Judge Elizabeth A. Kovachevich on 4/13/2007. (jm, ) (Entered: 04/13/2007)
65 ORDER setting Evidentiary hearing concerning the issue of damages and the entry of a permanent injunction on 6/25/07 at 2:30 PM. The Clerk is DIRECTED to send a copy of this Order to the defendant's registered agent, Joshua Ford, 2643 Gulf to Bay Boulevard, Suite 1560-454, Clearwater, FL 33759. Signed by Judge Thomas G. Wilson on 6/5/2007. (Williams, Carrie) (Entered: 06/05/2007)
66 CORRESPONDENCE from Joshua D. Ford (Williams, Carrie) (Entered: 06/22/2007)
67 MINUTE ENTRY for proceedings held before Judge Thomas G. Wilson : Evidentiary Hearing (Damages) held on 6/25/2007. Testimony of Melissa Fay Whittaker, Fontella Yvette Luther and Rodney Keith Jones. Matter taken under advisement. (2:41 - 3:55) Court Reporter: Paul Spangler (Williams, Carrie) (Entered: 06/25/2007)
68 REPORT AND RECOMMENDATION re 1 Complaint filed by United States Equal Employment Opportunity Commission, 52 Amended complaint filed by Melissa Everette, Fontella Luther, 18 Intervenor Complaint filed by Melissa Everette, Fontella Luther. Signed by Judge Thomas G. Wilson on 9/27/2007. (Wilson, Thomas) (Entered: 09/27/2007)
69 ORDER adopting 68 REPORT AND RECOMMENDATION re 1 Complaint filed by United States Equal Employment Opportunity Commission, 52 Amended complaint filed by Melissa Everette, Fontella Luther, 18 Intervenor Complaint filed by Melissa Everette, Fontella Luther.REPORT AND RECOMMENDATION re 1 Complaint filed by United States Equal Employment Opportunity Commission, 52 Amended complaint filed by Melissa Everette, Fontella Luther, 18 Intervenor Complaint filed by Melissa Everette, Fontella Luther. The Clerk of

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10/24/2007 11/05/2007 11/05/2007 11/06/2007 11/20/2007 11/20/2007 11/28/2007

Court shall enter a Final Default Judgment in favor of Plaintiff and Intervenor Plaintiffs against Defendant, for which execution shall issue. The Court reserves jurisdiction for the award of fees and costs. The Court dismisses Count II of Intervenors' Amended Complaint with prejudice. The Clerk of Court shall close this case. Signed by Judge Elizabeth A. Kovachevich on 10/24/2007. (jm, ) (Entered: 10/24/2007)
70 JUDGMENT in favor of United States Equal Employment Opportunity Commission, Fontella Luther, Melissa Everette against Diversified Behavioral Health Solutions, Inc. (Signed by Deputy Clerk) (cda) (Entered: 10/24/2007)
71 NOTICE of Appearance by Alicia Palomino on behalf of Melissa Everette, Fontella Luther (Palomino, Alicia) (Entered: 11/05/2007)
72 Unopposed MOTION for Extension of Time to File Application for Attorneys' Fees and Costs with its Accompanying Memorandum of Law by Melissa Everette, Fontella Luther. (Palomino, Alicia) (Entered: 11/05/2007)
73 ENDORSED ORDER granting 72 Motion for Extension of Time to File to 11/21/2007. Signed by Judge Elizabeth A. Kovachevich on 11/6/2007. (jm, ) (Entered: 11/06/2007)
74 MOTION for attorney fees by Melissa Everette, Fontella Luther. (Palomino, Alicia) (Entered: 11/20/2007)
75 MEMORANDUM in support re 74 Motion for attorney fees filed by Melissa Everette, Fontella Luther. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Palomino, Alicia) (Entered: 11/20/2007)
76 NOTICE of Appearance by Walter C. Thomas, Jr on behalf of Melissa Everette, Fontella Luther (Thomas, Walter) (Entered: 11/28/2007)

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