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

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

CIVIL ACI;ION N~. OF

Plaintiff,
V.
CONAM MANAGEMENT CORPORATION, d/b/a CONAM PROPERTY SERVICES, LTD.,

COMPLAINT
JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

Defendant.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Christine M. Pickell ("Ms. Pickell") who was adversely affected by such practices. As stated with greater particularity in paragraph 7, the Commission alleges that Ms. Pickell was subjected to sexual harassment by Jim Linder, the guest of Defendant’ s former Community Director at the Lakeview Village Apartment Homes managed by the Defendant. The Commission further alleges that Defendant subsequently retaliated against Ms. Pickell for complaining of the unlawful sexual harassment by terminating her employment with the Defendant.
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 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.
1

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, Jacksonville Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, ConAm Management Corporation d/b/a ConAm Property Services, Ltd., a Califomia corporation, has continuously been doing business in the State of Florida and the City of of Ponte Vedra Beach, and has continuously had at least 15 employees. 5. At all relevant times ConAm Management Corporation d/b/a ConAm Property Services, Ltd., 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, Christine M. Pickell filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at lease April of 2002, Defendant Employer engaged in unlawful employment practices at its Ponte Vedra Beach, Florida facility, in violation of Section 703(a) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and §2000e-3(a). a) These practices included, but were not limited to, permitting Ms. Pickell, its
employee, to be subjected to unwelcome physical and verbal conduct of a sexual 2

nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. b) Jim Linder, a guest of Defendant’s former Community Director Michelle Kimpson ("Ms. Kimpson") at Lakeview Village Apartment Homes where Ms. Pickell worked, subjected Ms. Pickell to repeated, daily offensive sexual harassment. Some of the harassment occurred in the presence of Ms. Kimpson, who failed to take any action to correct the harassment. c) Ms. Pickell complained repeatedly regarding Jim Linder’s harassment to Ms. Kimpson and ultimately reported the harassment to Defendant’ s Regional Portfolio Manager and Ms. Kimpson’s direct supervisor, Beth Makowski. Defendant failed to take appropriate corrective action in response to Ms. Pickell’s complaints of unlawful sexual harassment. d) Further, Defendant retaliated against Ms. Pickell for complaining of the unlawful sexual harassment by terminating her employment. 8. The effect of the conduct complained of in paragraph 7 above has been to deprive Ms. Pickell of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices. 9. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Ms. Pickell.

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex and/or opposition to an unlawful employment practice. B. Order Defendant, to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past unlawful employment practices. C. Order Defendant to make whole Christine M. Pickell by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement and/or front pay. D. Order Defendant to make whole Christine M. Pickell by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses in amounts to be determined at trial. E. Order Defendant to make whole Christine M. Pickell by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, humiliation and loss of enjoyment of life, in amounts to determined at trial. F. Order Defendant to pay Christine M. Pickell punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
4

Go

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.

ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
MICHAEL J. FARRELL Supervisory Trial Attorney

JOt-I~ C. WEAVER Trial Attorney
Colorado Bar No, 030333 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE One Biscayne Tower 2 South Biscayne Boulevard Suite 2700 Miami, Florida 33131 Phone: (305) 530-6001 Phone: (305) 530-6007 Facsimile (305) 536-4494

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

COURT

Plaintiff,

No.: 3:03-CV-837-J-16-HTS

CHRISTINE PICKELL,

Intervenor,
Vo

CONAM MANAGEMENT CORPORATION, d/b/a CONAM PROPERTY SERVICES, LTD.,

Defendant. /

INTERVENOR’S COMPLAINT AND DEMAND FOR JURY TRIAL

JURISDICTION AND PARTIES

1. This suit is brought and jurisdiction lies pursuant to {}706 of Title VII of the

Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5. This Court has original

jurisdiction over this matter pursuant to 28 U.S.C. § 1343(a)(4). This suit is also brought

pursuant to the Florida Civil Rights Act of 1992, Fla. Stat. 760 et se~t., over which this Court

has supplemental jurisdiction.

2. Intervenor, Christine Pickell, is a citizen of the United States and the State of

Florida, and at all times material to this complaint was a resident of Duval County, Florida.

3. Defendant, Conam Management Corporation, d/b/a Conam Property Services,

Ltd., is a foreign corporation licensed to do business in the State of Florida and in the city of

Jacksonville, Florida. 4. Defendant, Conam Management Corporation, d/b/a Conam Property Services,
Ltd., at all times material to this Complaint, has employed fifteen (15) or more employees, and is an "employer" within the meaning of Title VII and the Florida Civil Rights Act.
CONDITIONS PRECEDENT 5. The Intervenor has filed timely administrative charges of employment discrimination with the Equal Employment Opportunity Commission ("EEOC"). The EEOC has filed a Civil Action with the United States District Court, Middle District of Florida, Jacksonville Division, wherein Intervenor has filed a Motion to Intervene. All of the discriminatory employment practices alleged herein were committed within the Middle District of Florida, Jacksonville Division. 6. Intervenor also dual filed her charge of employment discrimination with the Florida Commission on Human Relations. Intervenor has complied with all conditions precedent before filing suit under the Florida Civil Rights Act in that this lawsuit was filed after this matter had been pending before the Florida Commission on Human Relations for more than 180 days. This lawsuit was further filed within four years of the discriminatory acts complained of herein.
FACTUAL BACKGROUND 7. Ms. Pickell worked for Defendant at its Lakeview Village Apartment Homes located in Ponte Vedra Beach, Florida, from on or about September 1 of 1999 until Ms.
2

Pickell was terminated on or about September 4, 2002. Intervenor’s position was Assistant Property Manager, and was supervised by the Property Manager Michele Kimpson. During Intervenor’s employment, she was repeatedly sexually harassed by Jim Linder who worked for a company at an adjacent property as a maintenance man, and who would commonly come into Intervenor’s office to visit Ms. Kimpson since he was her boyfriend.
8. Mr. Linder repeatedly and on a daily basis made vulgar sexual comments and threatening comments to Ms. Pickell. He would tell Ms. Pickell that she had a "nice ass" and comments such as "you need to be fucked really hard" and "you need to be raped in the ass," etc. He would often make similar vulgar comments and he would use terms such as "bitch."
9. On another occasion, he wrote on Intervenor’s work calendar on her desk that she had a "nice ass." On another occasion, this harassment included physical contact, and Mr. Linder grabbed Ms. Pickell by the buttocks in the doorway to Michele Kimpson’s office. Intervenor repeatedly complained to management about the harassment by Mr. Linder, including complaints to her direct supervisor, the Property Manager. Moreover, Property Manager Michele Kimpson was aware of the harassment since much of it occurred in her presence. She would simply laugh, and insisted that that is just the way her boyfriend was, and never took any remedial action whatsoever.
10. On or about September 4, 2002, shortly after Intervenor’s most recent complaint of the sexually harassing behavior of Mr. Linder, Michele Kimpson terminated Ms. Pickell without giving her a reason. Further, Ms. Pickell was told that she had three days
3

to move out of the apartment which she had been living in as part oflntervenor’s employee compensation (it was then changed to September 15, 2002).
11. Before Ms. Pickell had moved out of the apartment, the employer told her that they would permit her to live there for a couple more days, if Ms. Pickell agreed to sign a release of liability. The Defendant tried to convince Ms. Pickell to sign said release, despite the fact that Ms. Pickell did not threaten or imply that she would pursue a legal claim. Defendant never gave Ms. Pickell a reason for her termination.
COUNT I UNLAWFUL SEXUAL HARASSMENT AND RETALIATION IN VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT
OF 1964, AS AMENDED IN 1991, 42 U.S.C. 2000e ET SEQ. 12. Intervenor restates and realleges each and every factual allegation contained in Paragraphs 1 through 11. 13. During her employment with Defendant, Intervenor was unlawfully sexually harassed. Defendant knew or should have known about this harassment and took remedial action. The harassment was of a sexual nature and was sufficiently pervasive and severe to affect the terms and conditions of lntervenor’s employment. 14. Moreover, the harassment effected tangible aspect of Intervenor’s job, and Intervenor was terminated on September 4, 2002, based on retaliation for Intervenor having complained of unlawful sexual harassment. 15. Defendant acted with malice and with a reckless disregard for Intervenor’s

rights under Federal law.

WHEREFORE, Intervenor demands a trial by jury and relief in the form ofbackpay,

frontpay, compensatory damages, lost benefits, emotional distress damages, punitive

damages, attorney’s fees and costs with prejudgment interest thereon, injunctive relief

including reinstatement, and any such relief that Intervenor may be entitled to under the law

or in equity.

COUNT II

UNLAWFUL SEXUAL HARASSMENT AND RETALIATION IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT OF 1992,
FLA. STAT. 760 ET SEQ.

16. Intervenor restates and realleges each and every factual allegation contained

in Paragraphs 1 through 11.

17. During her employment with Defendant, Intervenor was unlawfully sexually

harassed. Defendant knew or should have known about this harassment and took remedial

action. The harassment was of a sexual nature and was sufficiently pervasive and severe to

affect the terms and conditions of Intervenor’s employment.

18. Moreover, the harassment effected tangible aspect of Intervenor’s job, and

Intervenor was terminated on September 4, 2002, based on retaliation for Intervenor having

complained of unlawful sexual harassment.

19. Defendant acted with malice and with a reckless disregard for Intervenor’s

rights under state law.

5

20. Defendant’s discrimination, harassment and retaliation against Intervenor
caused, continues to cause, and will cause Intervenor to suffer substantial damages for lost
wages, other pecuniary losses, mental anguish, loss of enjoyment of life, and other non-
pecuniary losses.
WHEREFORE, Intervenor demands a trial by jury and relief in the form ofbackpay,
frontpay, compensatory damages, lost benefits, emotional distress damages, punitive
damages, attorney’s fees and costs with prejudgment interest thereon, injunctive relief
including reinstatement, and any such relief that Intervenor may be entitled to under the law
or in equity. DEMAND FOR JURY TRIAL
Intervenor hereby demands a trial by jury on all issues so triable.
Respectfully submitted,
ARCHIBALD J. THOMAS, III, P.A. Suite 1640, Riverplace Tower 1301 Riverplace Boulevard Jacksonville, Florida 32207 (904) 396-2322
(A9r0c4h~ib~ ~~ Florida Bar No. 231657 P. Daniel Williams Florida Bar No. 0036625 Attorneys for Plaintiff

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished to John Weaver, Esquire, Equal Employment Opportunity Commission, Miami District Office, One Biscayne Tower, 2 S. Biscayne Blvd., Suite 2700, Miami, Florida 33131 and F. Damon Kitchen, Esquire, Constangy, Brooks & Smith, LLC, 300 West Adams Street, Suite 650, Jacksonville, Florida 32202 by U.S. Mail delivery on this 7th day of January, 2004.

Attomey

"~

7

 
 Case 3:03-cv-00837-JHM-HTS Document 45 Filed 01/03/2005 Page 1 of 9

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

And

)

)

)

CHRISTINE PICKELL,

)

)

Plaintiff Intervenor, )

)

v.

)

)

)

CONAM MANAGEMENT CORP. d/b/a)

CONAM PROPERTY SERVICES, LTD. )

)

Defendant.

)

)

CIVIL ACTION NO.: 3:03cv837-J-16-HTS

CONSENT DECREE

1. This Consent Decree is entered into by and between Plaintiff, the Equal Employment

Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC"), Plaintiff

Intervenor, Christine Pickell (hereinafter referred to as "Plaintiff," "Intervenor" or "Pickell")

and the Defendant, ConAm Management Corporation (hereinafter referred to as "Defendant'

or "ConAm"). The Commission, the Intervenor, and ConAm are collectively referred to as the "Parties."

2.

The Commission filed this action on September 30, 2003 under Title VII of the Civil Rights

Act of 1964 ("Title VII") and Title I of the Civil Rights act of 1991 ("Title 1") alleging

unlawful employment practices on the basis of sex (female), and retaliation and to provide

appropriate relief to Christine Pickell, who was allegedly adversely affected by such

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Case 3:03-cv-00837-JHM-HTS Document 45 Filed 01/03/2005 Page 2 of 9

practices.

3.

The court granted Plaintiff-Intervenor's Motion to Intervene in the above-styled case.

Plaintiff-Intervenor's Complaint alleged that ConAm violated Title VII and Title I, and the

Florida Civil Rights Act ("FCRA").

4.

ConAm denies that it has ever done business as ConAm Property Services, Ltd., and that it

has subjected Plaintiff-Intervenor Pickell to unlawful sexual harassment and/or retaliation in

violation of Title VII, Title I or the FCRA.

5.

In the interest of resolving this matter, to avoid the costs of litigation, and as a result of

having 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. 1 6. The parties agree that this Decree resolves all claims against ConAm (including its officers,
directors, shareholders, employees, agents, insurers and assigns) alleged in EEOC charge number 150 A3 01166 and civil action number 3:03cv837-J-16HTS, as well as any and all claims the EEOC may have against ConAm arising out of Pickell's employment. The Parties

further agree that this Decree does not resolve other charges of unlawful employment practices, if any, filed by or on behalf of individuals other than Plaintiff-Intervenor Pickell against ConAm that may be pending with the EEOC. This Decree does not purport to resolve

any claims arising from allegations of retaliatory conduct by ConAm occurring after the entry of this Consent Decree.

7.

No waiver, modification or amendment of any provision of this Decree shall be effective

unless made in writing and approved by all parties to this Decree.

8.

ConAm acknowledges that gender discrimination and sexual harassment in employment are

1 The geographic scope of this Consent Decree is Duval County, Florida and 81.Johns County, Florida.

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Case 3:03-cv-00837-JHM-HTS Document 45 Filed 01/03/2005 Page 3 of 9

unlawful practices prohibited by Title VII and the FCRA.

9.

ConAm acknowledges that it is unlawful under both Title VII and the FCRA for an employer

to retaliate against an employee for opposing a practice made unlawful by Title VII or the

FCRA, or for participating in the filing of a Charge of Discrimination, for cooperating with

an investigation conducted by the EEOC, or for offering testimony or information to the

EEOC in the above styled litigation. 10. By entering into this Decree, the parties acknowledge that ConAm denies that it has

discriminated or retaliated against Plaintiff-Intervenor Pickell in any way.

NOW, THEREFORE, the Court having carefully examined the terms and provisions of this

Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:

1. JURISDICTION

11. This court has jurisdiction of the subject matter of this action and over the Parties for the

purpose of entering and enforcing this Decree. 12. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its

terms or the right of the parties to bring an enforcement suit upon breach of any terms of this Decree.

II GENERAL PROVISIONS AND INJUNCTIVE RELIEF

13.

ConAm agrees to conduct its employment practices at the properties it manages III

compliance with Title VII's prohibition regarding conduct which adversely affects the terms

and conditions of any individual's employment because of their sex.

14.

ConAm agrees to conduct its employment practices at the properties it manages in

compliance with Title VII's prohibition regarding discrimination against any individual who

opposes any of Defendant's practices which the employee believes in good faith to be

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Case 3:03-cv-00837-JHM-HTS Document 45 Filed 01/03/2005 Page 4 of 9
unlawful employment discrimination, who files a charge of discrimination with the EEOC alleging violations of the Statutes the Commission enforces; who cooperates with the EEOC in investigation and/or prosecution of any charge of discrimination; or who cooperated in the investigation or who offered testimony or information in the above styled litigation which resulted in this Consent Decree.
ffi. DEVELOPMENT OF POLICES AND TRAINING 15. ConAm has established a written sexual harassment and retaliation policy which was in
effect prior to the alleged wrongful acts alleged by Plaintiff-Intervenor Pickell and such policy is attached hereto as "Exhibit A." As of January 30, 2005, a complete copy of this policy will be distributed again to all its current employees at all Duval and St. Johns County, Florida properties that are managed by ConAm as of December 30, 2004. Defendant further agrees that all new employees will be provided a copy of the policy within one week of employment. 16. ConAm will conduct a four (4) hour annual training throughout the duration of this Decree for all of its Regional Portfolio Managers and Community Directors in the Duval and St. Johns County, Florida properties managed by ConAm, with specific emphasis on recognizing sexual harassment and acts that constitute unlawful retaliation and the proper procedure to be followed if they become aware of sexual harassment or retaliation for complaining about sexual harassment. ConAm agrees to provide the EEOC with at least two (2) weeks notice before it conducts its training session(s), with the date(s) and location(s) of the training, the identification of the training materials to be used at the training session, and the name and job title of the employees who it anticipates will be in attendance at the training. The training will be conducted by outside counsel or outside human resource consultants who specialize in employment matters.
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Case 3:03-cv-00837-JHM-HTS Document 45 Filed 01/03/2005 Page 5 of 9
17. Defendant agrees that the training described in paragraph 16 shall be conducted by June 20~ 2005~and should thereafter take place by July 30thannually for the duration of this Decree.
Defendant further agrees that the training described in paragraph 16 shall be given to all new
Regional Portfolio Managersand CommunityDirectors who did not attend the annual training within ninety (90) day~of being placed in the position.
IV. POSTING 18. At each of the propertiesmanagedby ConAmwithin the Duval and St. Johns County,
Florida area, ConAm shall post a llx17 size copy of the Notice attached hereto as Exhibit HB" within thirty (30) days of the entering of this Decree. Said notice shall be posted in conspicuous locations accessible to all employees. (i.e. break room~ employee bulletin board, cafeteria, above water fountain; etc). This Notice is to remain posted for the duration of this Decree.
V. REPORTING AND MONITORING 19. For all properties managed by ConAm within Duval and St. Johns County, Florida, ConAm
will retain all employment records relating to: (1) complaints made to one of its supervisors, managers, or human resource staff members about alleged sexual harassment or retaliation for complaining of sexual harassment; and (2) any investigation of alleged sexual harassment or retaliation for complaining of sexual harassment, as required by federal law. 20. For the duration of this Decree~ConAm will provide the EEOC with information regarding each instance in which any person employed at Defendant's Duval and/or St. Johns County locations has complained to his or her Manager, Regional Portfolio Manager, Human Resources Department, or the President that he or she has been subjected to sexual harassment or retaliation while working at Defendant's Duval and/or St. Johns County locations during the preceding year. The information provided will include a description of
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Case 3:03-cv-00837-JHM-HTS Document 45 Filed 01/03/2005 Page 6 of 9

the allegations made by the complaining party, Defendant's actions in response to the

complaint, and the outcome regarding such complaint. The first report shall be submitted no

later than July 30, 2005, and 'each report thereafter shall be produced annually on July 30

throughout the duration of this decree. ConAm will provide upon request by the

Commission (a) a copy of the complaint, if a written complaint was filed. 21. ConAm will certify to the EEOC annually throughout the duration of this Decree that it is in

compliance with Paragraphs 15 through 22 of this Decree. The first such certification will

be due no later than July 30, 2005, and thereafter annually on July 30th throughout the duration of this Decree.

22. ConAm will appoint one individual who shall be responsible for coordinating Defendant's

compliance with this Consent Decree and for providing reports to the EEOC. This person

shall be appointed and the EEOC notified of his or her identity within 15 days of the Court's

approval of this Consent Decree. All reports and documents required to be delivered by

Defendant to the EEOC pursuant to this Consent Decree shall be mailed with the notation:

CONAM MONITORING to: United States Equal Employment Opportunity Commission,

Attention: Office of the Regional Attorney, 1 Biscayne Tower Building Suite 2700, 2 South

Biscayne Blvd. Miami, FL 33131

VI. MONETARY RELIEF

23.

ConAm shall pay Pickell a lump sum in the amount of Eighty Six Thousand dollars

($86,000.00), less any applicable withholding taxes, in resolution of all of Pickell and

EEOC's claims for lost wages and compensatory damages in this litigation within fifteen (15)

calendar days from entry of the Decree by the Court. The payment shall be by certified mail

in the name of: "Christine Pickell and Archibald J. Thomas, ill PA, her attorney." A copy of

the check(s) shall be forwarded to the attention of Jennifer Brown, Trial Attorney, U.S. Equal

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Case 3:03-cv-00837-JHM-HTS Document 45 Filed 01/03/2005 Page 7 of 9

Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard,

Suite 2700, Miami, Florida 33131.

24.

If Defendant fails to tender the above-mentioned payments, the Defendant shall:

a.

pay interest on the defaulted payment at the rate calculated pursuant to 26 D.S.C. §

6621(b) until the same is paid; and

b.

bear any additional costs incurred by EEOC caused by non-compliance or delay of

the Defendant.

vn. ENFORCEMENT

25.

The Parties shall have independent authority to seek judicial enforcement of each aspect,

term, provision and attachment of this Decree. However, the EEOC shall not seek such

judicial enforcement unless it has first: (1) given Defendant a written notice of its intention to

seek judicial enforcement, which notice shall specify the alleged breach for which judicial

enforcement shall be sought; and (2) provided Defendant at least 30 days to cure any alleged

breach of any terms, except the provisions set forth in Section VI, Paragraph 23 entitled

monetary relief, for which court enforcement may be sought immediately. The Commission

will take whatever measures it deems appropriate to effectuate the enforcement of the terms of this decree.

VIII. COSTS

26.

Each party shall bear its own costs and attorney/'s fees associated with the above-referenced

litigation.

IX. DURATION OF CONSENT DECREE

27. The duration of this Decree shall be three (3) years from the date of entry of the Decree.

SO ORDERED ADJUDGED AND DECREED, this _day of December 2004.

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Case 3:03-cv-00837-JHM-HTS Document 45 Filed 01/03/2005 Page 8 of 9

UNITED STATES DISTRICT mDGE

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

by: J)~~ttQJh~

~~

Delner Franklin-Thomas

Regional Attorney

U.S. Equal Employment Opportunity Commission Miami District Office

One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131

Date: I~I 'd-.~idJ

AGREED TO: FOR THE PLAINTIFF-INTERVENORS

l (J!~ CbyH: RIST]I)NE~PIW

-

P. Daniel Williams

The Law Offices of Archibald J. Thomas, ill. P.A.

Suite 1640 Riverplace Tower

1301 Riverplace Blvd

Jacksonville, FL 32207

Attorney's for the Intervenor

Date I~/rl-Io1

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Case 3:03-cv-00837-JHM-HTS Document 45 Filed 01/03/2005 Page 9 of 9

AGREED TO:

; FOR THE FEJ

CONAM

A'

d/b/a CON PI

by: F. DOOionKitchen
Constangy, Brooks & Smith, LLC 200 West Forsyth Street, Suite 1610 P.O. Box 41099 (32203-1099) Jacksonville, FL 32202 (904) 356-8900

Dare:~
Date:4e-, IS. 'tot4

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 Case 3:03-cv-00837-JHM-HTS Document 35 Filed 08/30/2004 Page 1 of 6
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
CHRISTINE PICKELL,
Intervenor,
v.
CONAM MANAGEMENT CORPORATION, d/b/a/ CONAM PROPERTY SERVICES, LTD.,
Defendant.

Case No. 3:03-cv-837-J-16HTS

O R D E R This cause is before the Court on the Joint Motion for Protective Order and to Quash Defendant’s Subpoenas (Doc. #14; Motion). Defendant opposes the Motion. See Defendant’s Memorandum in Opposition to Joint Motion for Protective Order and to Quash Defendant’s Subpoenas (Doc. #17; Opposition). Since Plaintiff, United States Equal Employment Opportunity Commission (EEOC), and Intervenor, Christine Pickell (Pickell) (collectively, Plaintiffs) had not been afforded an opportunity to reply to a timeliness issue raised by the Opposition, they were directed to address the issue

Case 3:03-cv-00837-JHM-HTS Document 35 Filed 08/30/2004 Page 2 of 6
and, if necessary, the existence of good cause excusing any untimeliness. See Order (Doc. #23) at 2-3. Plaintiffs’ Joint Response to Court Order Dated June 25, 2004 (Doc. #24; Response) was thereafter filed. Defendant then sought leave to file a reply to the Response, see Defendant’s Motion for Leave to Reply to Plaintiff’s and Intervenor’s Joint Response to Court Order Dated June 25, 2004 (Doc. #25), and was permitted to do so. See Order (Doc. #29) (directing Clerk to file Defendant’s Reply to Plaintiffs’ Joint Response to Court Order Dated June 25, 2004 (Reply), which became Doc. #30).
As the Court has already observed, a motion for protective order must be filed timely. See Order (Doc. #23) at 2 (quoting Brittain v. Stroh Brewery Co., 136 F.R.D. 408 (M.D. N.C. 1991) and citing Williams v. American Telephone and Telegraph Co., 134 F.R.D. 302 (M.D. Fla. 1991)); see also Maxey v. General Motors Corp., No. CIV. A. 3:95CV60-D-A, 1996 WL 692222, at *1 (N.D. Miss. Nov. 18, 1996); Berry v. Baca, No. CV01-02069 DDP (SHX), 2002 WL 1777412, at *2 (C.D. Cal. July 29, 2002). Communicating to opposing counsel a party’s objections to production, without timely bringing the matter to the attention of the Court, is not adequate under Federal Rule of Civil Procedure (Rule) 26(c). See Maxey, 1996 WL 692222, at *2. A motion for a protective order is generally untimely if it is made after the date the discovery material was to be produced.
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See, e.g., id. at *1; cf. Middle District Discovery (2001) at 20 (party has a duty to seek protective order “immediately, i.e., without waiting until the discovery is due or almost due”).1 Still, if the party seeking the protective order can establish good cause for an untimely motion, the Court may grant the relief sought. See Maxey, 1996 WL 692222, at *2.
Plaintiffs concede that, pursuant to Rule 26(c), a timely motion for a protective order of this nature “is one filed on or before the due date for the production at issue.” Response at 3. Nevertheless, they argue the Motion was filed in a timely manner. See id. at 1. Specifically, Plaintiffs contend “[c]ontrary to Defendant’s assertions, the information at issue in Plaintiffs’ Joint Motion to Quash was due to be produced on February 26, 2004.” Id. Defendant maintains that “for Pickell and EEOC’s Joint Motion to be timely, it needed to be served on or before February 23, 2004.” Opposition at 5. However, according to Plaintiffs, “after conferring extensively with Defendant on this matter, the undersigned EEOC counsel as well as the undersigned Intervenor’s counsel had the clear understanding that the production date was February 26, 2004.” Response at 3.
1 While Plaintiffs ask both for a protective order and an order quashing the subpoenas, the timeliness analysis in either case is the same. See Rule 45(c)(3)(A) (“On timely motion, the court . . . shall quash or modify the subpoena if . . . .”) (emphasis added).
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While Defendant concedes it extended the date for responding to the subpoenas to February 23, there is no evidence, other than the allegations contained in Plaintiffs’ Response, that the deadline was further extended to February 26. Significantly, Plaintiffs repeatedly avoid stating that Defendant actually informed them the deadline had been extended to February 26. Even in the Response and subsequent Motion in Opposition to Defendant’s Motion for Leave to Reply to Plaintiff’s and Intervenor’s Joint Response to Court Order Dated June 25, 2004 (Doc. #27; Motion in Opposition), they speak only of having obtained, through unspecified means, an understanding of the new deadline. See Response at 3, 4; Motion in Opposition at 4. While Plaintiffs reference a letter to establish “Defendant agreed not to serve the subpoenas until after [] discussion,” Response at 2, the letter, a copy of which seems to be attached as Exhibit C to the Opposition, expresses no such agreement. It is thus found Plaintiffs have not demonstrated the Motion was filed in a timely manner.
Arguing in the alternative, Plaintiffs contend “the evidence of record clearly demonstrates that Plaintiffs’ conduct in this matter comports with the intent of the timeliness requirement” as “the issue would only be moot if Defendant had already received and viewed the documents at issue.” Response at 4. They claim they “fulfilled [the] purpose [of Rule 26(c)] by ensuring that Defendant
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did not view the discovery in dispute prior to the court ruling” on the Motion. Id. Defendant replies that “[u]nder Plaintiff’s logic, any motion for protective order or motion to quash would be considered ‘timely,’ no matter how long the movant waited to file such a motion, as long as the relevant dispute was still unresolved.” Reply at 6.
The Court agrees with Defendant and finds its decision temporarily to refrain from reviewing the materials subpoenaed did not extinguish Plaintiffs’ duty to file their motion in a timely manner. To hold otherwise would put at a disadvantage those attorneys who subscribe to the highest standards of ethics and civility. It is clear, then, that Plaintiffs have neither filed a timely motion for protective order nor demonstrated good cause to excuse such failure.
In accordance with the foregoing, it is ORDERED: The Motion (Doc. #14) is DENIED. DONE AND ORDERED at Jacksonville, Florida this 30th day of August, 2004.

/s/

Howard T. Snyder

HOWARD T. SNYDER

UNITED STATES MAGISTRATE JUDGE

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Case 3:03-cv-00837-JHM-HTS Document 35 Filed 08/30/2004 Page 6 of 6 Copies to: Counsel of Record and
pro se parties, if any
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CLOSED, HTS, TRLSET
U.S. District Court Middle District of Florida (Jacksonville) CIVIL DOCKET FOR CASE #: 3:03-cv-00837-JHM-HTS

U.S. Equal Employmen v. Conam Management Assigned to: Senior Judge John H. Moore, II Referred to: Magistrate Judge Howard T. Snyder Demand: $0 Cause: 28:1331 Fed. Question: Employment Discrimination

Date Filed: 09/30/2003 Date Terminated: 01/11/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklin-thomas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John C. Weaver Equal Employment Opportunity Commission One Biscayne Tower 2 South Biscayne Blvd, Suite 2700 Miami, FL 33131 305/536-7247 Email: john.weaver@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200

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Intervenor Plaintiff Christine Pickell
V. Defendant Conam Managemet Corporation doing business as Conam Property Services, LTD.

180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Archibald J. Thomas, III Archibald J. Thomas, III, P.A. 1301 Riverplace Blvd. Suite 1640 Jacksonville, FL 32207 904/396-2322 Fax: 904/398-3271 Email: archibald@job-rights.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip Daniel Williams Magid & Williams, P.A. 3100 University Boulevard, South, Suite 115 Jacksonville, FL 32216 904/725-6161 Email: court@magidwilliams.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by F. Damon Kitchen Constangy, Brooks & Smith, LLC P.O. Box 41099 Jacksonville, FL 32203 904/356-8900 Fax: 904/356-8200 Email: dkitchen@constangy.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack R. Wallace Constangy, Brooks & Smith, LLC 200 W Forsyth St - Ste 1610 PO Box 41099 Jacksonville, FL 32203-1099 904/356-8900

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Intervenor Defendant
Conam Managemet Corporation doing business as Conam Property Services, LTD.

Fax: 904/356-8200 Email: jwallace@constangy.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by F. Damon Kitchen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack R. Wallace (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2003 09/30/2003 09/30/2003 10/01/2003 01/06/2004 01/06/2004 01/06/2004 01/07/2004
01/14/2004
01/14/2004

#

Docket Text

1 COMPLAINT for injunctive relief filed; jury demand (lph) (Entered: 09/30/2003)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Howard T. Snyder (lph) (Entered: 09/30/2003)
SUMMONS(ES) issued for Conam Management . Consent(s) issued. (lph) (Entered: 09/30/2003)
2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (lph) (Entered: 10/01/2003)
3 MOTION by Conam Management to dismiss complaint (lph) (Entered: 01/07/2004)
3 REQUEST for oral argument by Conam Management re: [3-1] motion to dismiss complaint (lph) (Entered: 01/07/2004)
4 MEMORANDUM by Conam Management in support of [3-1] motion to dismiss complaint (lph) (Entered: 01/07/2004)
5 UNOPPOSED MOTION by Christine Pickell with memorandum in support to intervene by Christine Pickell (unopposed) referred to Magistrate Judge Howard T. Snyder (lph) (Entered: 01/08/2004)
6 ORDER granting [5-1] motion to intervene by Christine Pickell and the Clerk of the Court is directed to file, forthwith, the Intervenor's Complaint and Demand for Jury Trial, attached to the Motion. ( Signed by Magistrate Judge Howard T. Snyder ) ctc (pam) (Entered: 01/15/2004)
7 INTERVENOR'S COMPLAINT by U.S. Equal Employmen, Christine Pickell against Conam Management and Demand for Jury Trial (pam) (Entered: 01/15/2004)

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01/26/2004 01/26/2004 01/29/2004
02/03/2004 02/06/2004 02/23/2004 02/26/2004 02/26/2004 03/01/2004
05/14/2004 05/18/2004
05/28/2004 06/07/2004

8 RESPONSE by U.S. Equal Employmen to [3-1] motion to dismiss complaint and MOTION for oral argument (lph) (Entered: 01/26/2004)
9 CASE MANAGEMENT REPORT (lph) (Entered: 01/27/2004)
10 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 4/30/04 ; Discovery cutoff 9/10/04 ; dispositive motion filing deadline for 10/25/04 Pretrial statement due on or before 3/10/05 ; Pretrial conference for 11:30 3/17/05 ; Jury trial set for trial term commencing 4/4/05 ; Scheduled for Sr. Judge John H. Moore II ( signed by Sr. Judge John H. Moore II ) ctc (lph) (Entered: 01/29/2004)
11 ANSWER and affirmative defenses to [7-1] intervenor complaint by Conam Management (lph) (Entered: 02/03/2004)
12 MOTION by Conam Management with memorandum in support to require expert witness reports referred to Magistrate Judge Howard T. Snyder (lph) (Entered: 02/09/2004)
13 RESPONSE by Christine Pickell to [12-1] motion to require expert witness reports (lph) (Entered: 02/24/2004)
14 JOINT MOTION by U.S. Equal Employmen, Christine Pickell for protective order , and to quash defendant's subpoenas referred to Magistrate Judge Howard T. Snyder (mfk) (Entered: 02/27/2004)
15 RESPONSE by U.S. Equal Employmen to [12-1] motion to require expert witness reports (lph) (Entered: 02/27/2004)
16 ORDER denying [3-1] oral argument requested; this case is hereby STAYED for a period of 60 days; the parties are ordered to engage in further settlement discussions in a good-faith and reasonable effort to resolve the plaintiff's claims; the parties are further ordered to advise the Court within 60 days of ths date of this order, of the results of these conciliation efforts and whether they have reached settlement or whether the stay of this case should be lifted. ( Signed by Sr. Judge John H. Moore II ) ctc (lph) (Entered: 03/01/2004)
17 MEMORANDUM by Conam Management in opposition to [14-1] joint motion for protective order, [14-2] joint motion to quash defendant's subpoenas (lph) (Entered: 05/17/2004)
18 ORDER TO SHOW cause for for failure to adhere to an order of this Court: Response due on 6/1/04 for Conam Management, for Christine Pickell, for Conam Management, for U.S. Equal Employment Scheduled for Sr. Judge John H. Moore II; the stay previously entered in this case is hereby LIFTED. ( Signed by Sr. Judge John H. Moore II ) ctc (lph) (Entered: 05/18/2004)
19 JOINT RESPONSE by U.S. Equal Employmen, Conam Management, Christine Pickell to [18-1] order dated May 18, 2004 (map) (Entered: 06/01/2004)
20 ORDER denying [12-1] motion to require expert witness reports; denying request for fees and costs in connection with the motion, which is contained within [13-1] motion response ( Signed by Magistrate Judge Howard T. Snyder ) ctc (lph) (Entered: 06/07/2004)

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06/08/2004 06/14/2004 06/25/2004 07/06/2004 07/08/2004 07/14/2004 07/27/2004
07/27/2004
07/29/2004 07/29/2004 08/11/2004 08/17/2004 08/24/2004 08/24/2004 08/30/2004

21 ORDER vacating [18-1] order ( Signed by Sr. Judge John H. Moore II ) ctc (lph) (Entered: 06/08/2004)
22 NOTICE of filing supplemental authority by Conam Management re: [17-1] opposition memorandum (lph) (Entered: 06/15/2004)
23 ORDER: Plaintiffs shall have 11 days from the date of this order within which to show the Motion for protective order (#14) was timely. ( Signed by Magistrate Judge Howard T. Snyder ) ctc (lph) (Entered: 06/28/2004)
24 JOINT RESPONSE by U.S. Equal Employmen, Christine Pickell to [23-1] order (lph) (Entered: 07/07/2004)
25 MOTION by Conam Management for leave to file reply to plaintiff and intervenor's joint response to court order dated 6/25/04 referred to Magistrate Judge Howard T. Snyder (lph) (Entered: 07/08/2004)
26 SUPPLEMENTAL local rule 3.01(g) certification re 25 Motion for leave to file by Conam Managemet Corporation. (LPH, ) (Entered: 07/15/2004)
27 RESPONSE in opposition re 25 Motion for leave to file PLAINTIFFS' MOTION IN OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO REPLY TO PLAINTIFF'S AND INTERVENOR'S JOINT RESPONSE TO COURT ORDER DATED JUNE 25, 2004 filed by United States Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 07/27/2004)
28 RESPONSE in opposition re 25 Motion for leave to file PLAINTIFF'S MOTION IN OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO REPLY TO PLAINTIFF'S AND INTERVENOR'S JOINT RESPONSE TO COURT ORDER DATED JUNE 25, 2004 filed by United States Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 07/27/2004)
29 ORDER granting 25 Motion for leave to file and the Clerk of the Court shall file the reply attached to the Motion. Signed by Judge Howard T. Snyder on 7/29/2004. (Snyder, Howard) (Entered: 07/29/2004)
30 REPLY re 24 Response by Conam Managemet Corporation. (LPH, ) (Entered: 07/30/2004)
31 JOINT MOTION to extend discovery and dispositive motion deadlines by Conam Managemet Corporation, Christine Pickell, United States Equal Employment Opportunity Commission. (LPH, ) (Entered: 08/12/2004)
32 ORDER granting 31 Motion to extend time. Signed by Judge John H. Moore II on 8/17/2004. (CDF) (Entered: 08/17/2004)
33 MOTION for leave to file Amended Answer and Affirmative Defenses by Conam Managemet Corporation. (Attachments: # 1 # 2 # 3)(Wallace, Jack) (Entered: 08/24/2004)
34 MEMORANDUM in support of Motion for Leave to Amend Answer and Affirmative Defenses filed by Conam Managemet Corporation. (Wallace, Jack) (Entered: 08/24/2004)
35 ORDER denying 14 Motion for protective order, denying 14 Motion to quash. Signed by Judge Howard T. Snyder on 8/30/2004. (Snyder, Howard) (Entered:

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09/10/2004
09/17/2004 09/24/2004 10/05/2004
10/25/2004 10/27/2004 10/27/2004 11/08/2004 11/10/2004 01/03/2005 01/11/2005

08/30/2004)
36 RESPONSE to motion re 33 MOTION for leave to file Amended Answer and Affirmative Defenses filed by Christine Pickell, United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B)(LPH, ) (Entered: 09/13/2004)
37 Botice of Correction and of filing amended AFFIDAVIT of Christine Pickell re: 36 Response to motion by Christine Pickell. (LPH, ) (Entered: 09/20/2004)
38 ORDER directing Defendant to file a reply. Signed by Judge Howard T. Snyder on 9/24/2004. (Snyder, Howard) (Entered: 09/24/2004)
39 REPLY to response to motion re 33 MOTION for leave to file Amended Answer and Affirmative Defenses filed by Conam Managemet Corporation. (Attachments: # 1 Exhibit A -- Excerpts of Pickell Deposition# 2 Exhibit B -Defendant's Answer and Affirmative Defenses to Plaintiff's Complaint)(Wallace, Jack) (Entered: 10/05/2004)
40 ORDER granting 33 Motion for leave to file. Signed by Judge Howard T. Snyder on 10/25/2004. (Snyder, Howard) (Entered: 10/25/2004)
41 AMENDED ANSWER and affirmative defenses to 1 Complaint by Conam Managemet Corporation. (LPH, ) (Entered: 10/27/2004)
42 AMENDED ANSWER and affirmative defenses to 7 Intervenor Complaint by Conam Managemet Corporation. (LPH, ) (Entered: 10/27/2004)
43 Joint MOTION for Extension of Time to File Dispositive Motion by Conam Managemet Corporation. (Wallace, Jack) (Entered: 11/08/2004)
44 ORDER granting 43 Motion for Extension of Time to File. Signed by Judge John H. Moore II on 11/10/2004. (CDF) (Entered: 11/10/2004)
45 CONSENT DECREE by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit sexual harassment policy and notice posting)(Brown, Jennifer) (Entered: 01/03/2005)
46 ORDER accepting and ratifying Consent Decree and dismissing case with prejudice. Signed by Judge John H. Moore II on 1/11/2005. (VMF ) (Entered: 01/11/2005)

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