BETH FORRY PLAINTIFF,
VS.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO.:
01-7089

FEDERATED FINANCIAL SERVICES, INC., DEFENDANT.
, COMPLAINT

COMES NOW THE PLAINTIFF, BETH FO~Y, by ~ndersigned

Complaint aaainst the Defendant FEDE~TED FINANCIAL SERVICES, INC., (~Fe~d¢ral~"),

as tbllows:

JU~SDICTION AND VEN UE

I. This is an actmn damages and monetary relief pursuant Io Tit~e Vll of~he Civil Rights

Act of 1964, as amended, 42 U.S.C. 200~ et seq., and Florida Statute Section 760.10.

2. This Court has jurisdiction of the claim herein pursuant to 28 USC 1331 and 1343(4).

This Coo~ action arises under the constitution and the laws of the United States. Plaintiff’is

alleging, inter alia, a violation of her r~ghts under Title VII of the Civil Rights Act of 1964, as

amended, 42 USC 2000 et seq., and Florida Slatute Section 760. ! 0.

3. Venue herein is proper under 28 USC 139~(b) and 42 USC

4. Defendant is a Florida co~oration with its principle place of business in Broward

Count),, Florida, duly )~cet~sed to do business in Florida, and actually doing business in Florida,

and the alleged employment practices were committed within the State of Florida, Broward

County, in the Southern District.

5. Plaintiff BETH FORRY, is a citizen of the United States, and is and was at all times

material, a resident of the State of Florida, and Broward County, in particular. PROCED! IRAL REQb’IREMENTS
6. Plaintiffrealleges and rearers paragraphs 1-5 abo,,’e as if fully set forth herein. 7. All conditions precedent to the filing of this action have been fulfilled. 8. On or about January 2, 2001 Plaintiff filed a claim of sexual discrimination and harassment based on gender with the Equal Employment Opportunily Commission (."EEOC’) satisfying the requirements of 42 USC 2000 e-5(b) and (e). Such charges was filed within one hundred eighty (180) days after the alleged unlawful employment practice occun’ed. The acts of discrimination and harassment alleged int he Charge were continning in nature (see copy of Charge of Discrimination, attached hereto and incorporated herein as Ex. A). 9. The Charge of Discrimination filed by Plaintiff Beth Forry, with the EEOC was filed simultaneously wilh ~he Florida Commission on Human Relations. Accordingly, the Plamliff Fotry has satisfied the procedural requirements of F’lorida Statute Section 760. I0. 10. On Marcl~ 30, 2001, the EEOC issued to Plaintiffa Notice of Dismissal and Right to Sue with respect to such charge of discrimination and harassment (See copy of March 30,2001 Notice of Dismissal and Right to Sue attached hereto and incorporated herein as Ex. B. This Complaint was filed within ninety t,90) days of the issuance of the right to sue letter.
11. Plaintiff realleges and reavers paragraphs 1-10 above as fully set forth herein. 12. Plaintiffis a female who was employed by Defendant fiom 3anuary 1,2000 to March 15,2000, by Defendant FEDERATED FINANCIAL SERVICES, [NC.. 13. Plaintiffwas terminated on or about March 15, 2000. 14. Defendant Federated derived monetary benefits from Plaintiff’s work.

15. Plaintiff was paid a salary of $700.00 per week, with commissions, plus benefits. 16. Plaintiff was sexually harassed and subjected to unwarranted and uninvited sexual statements, advances, contacts by the owner and president of the Defendant Federated, i.e. Steve Miller. The acts of Miller complained of include but are not limited to the tbllowing: a. se.xually oriented and suggestive language, directed to the Plaimiff, which inter alia, im, ited her to bare sexual contact with Steve Miller. b. requests that Plainfiffhug Miller, sit on his lap, give him a massage, provide him with oral sex; c. comments to the Plaintiff about her physical characteristics.
17. Plaintiffbrought her complaint to her immediate supervisor, but to no avail, and the acts or" harassment and sexual discrimination continued.
18. Three (3) days after Plaintiffcomplained to her supervisor about Steve Miller’s harassment and improper touching, statements, and other acts of harassment, Plaintiff was fired.
19. Plaintiff was not provided with health insurance that covered her. despite representations and promises to the contrary, and suffered medical bills as a result of the damages suffered because of the harassment, and termination.
20. Plaintiff has suffered anxiety, loss of sleep, loss of appetite, emotional distress, and the need Ibr medical care as a result ofDefendmat’s behavior.
COUNT !: VIOLATION OF TITLE VII AND FLORIDA STATUTE SECTION 765.10 DISCRIM|NAT1ON ON THE BASIS OF SEX AND SEXUAL HARASSMENI"
2 I. Plainliff realleges and rearers paragraphs 1-20 as if fully set forth herein.

22. Plaintiff, a sales representative, paid by Defendant Federated, on a weekly basis, with commissions, was required to perform work in an environment of sexual harassment and humiliation.
23. Plaintiffwas subjected to this illegal behavior on a continmng basis, despite complainls 1o her i~ediate supe~isor. The harassing individual, however, was ~he company boss, so that complaints ~o him were and would have been poh~11ess.
24. Plaintiff was le~]nated when she did complain. 25. As a result of the above described unlawful behavior, Plaintiff has suffered emotional distress, humiliation, damage to reputation, a~d mo~eta~, damages, and cominues Io suffer these damages. WHE~FORE, PlaimiffFo~, prays that 1he Co~n will: A. declare tha~ the acts and practices complained of herein are in violation of Title VII of the Civil Rights Act, and Florida Statute 760.10; B. direct ~he Defendant to pay compensator, damages: C. direct the Del~ndant to pay Plaintiff lost wages, back pay, front pay, and all other sores of money, i~c[uding employmenl benefits which may have been losl, together with se~ amounts tbr the injuries suft~red as a result of Defendant’s violation of Tit[e VII and Florida Statute 760.10; D. Direct Defendanl to pay punitive damages Io the maximum extent allowable for violation of Ti~l~ Vtl and Florida Statute 760.10; E. Grant P~aimiffher costs and a reasonable award of attorneys fees, and F. Grant such other and ~her relief as this Cou~ deems just.

COUNT |1: RETALIATION ~N VIOLATION OF TITLE VII AND FLORIDA STATUTE SECTION .765.10
26. Plaintiffrealleges and reavers paragraphs 1-25 as if fully set ~brth herein. 27. While employed by Defendant, Plaintiff complained to her immediate supe~’isor about the sexually harassing and unlawful behavior, to wit: about tile sexually demanding solicitations, touches, comments, by the boss Steve Miller. 28. As a result of her complaints, she was fired on March 15, 2000. 29. As a result of the above described unlawful behavior, Plaintiff has suffered emotional distress, humiliation, damage to reputation, and monetary damages, and continues to suffer these damages. WHEREFORE, Plaintiff Forty, prays thal the Court will: A. declare that the acts and practices complained of herein are in violation of Title VII or the Civil Rights Act, and Florida Statute 760.10; B. direct the Defendam to pay compensatory damages; C. direct the Defendant to pay Plaintiff lost wages, back pay, front pay, and all other sums of money, including employment benefits which may have been lost, together with set amounts for the injuries suffered as a result of Defendant’s viola{ion of Title V[I and Florida Statute 760.10; D. Direct Defendant to pay punitive damages to the maximum extent allowable for violation of Title VII and Florida Statute 760.10; E. Grant Plainliffher cosls and a reasonable award of attorneys fees, and F. Granl such olher and further relief as this Court deems just.

WHEREFORE, PLAINTIFF BETH FORRY demands damages against the Defendaat FEDERATED FINANCIAL SERVICES, trial by jury, and such other relief as this Cour~ may deem just and equitable.
Dated this June 27, 2001.

Broward Count_.v Human Rights Oiv. State or tocal Agency, if any

and EEOC

NAMED Z$ THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMEN~ AGENCY APPRENTICESHIP COMt.: SI~ATE OR LOCAL GOVERNMENT AGENCY WHO DISC~K(INATEO AGAINST ME .’.’r~.-., ............. . ~.,: ,..

F~a~ F~i~ ~ices
STREET ADORE88

~ NUMBEi{ OF E~PLO~EE$, MEMBERS iTELEPHONEiJnoJuG~,

~ ~ 30

I

954 571 8810

CITY. STATE AN[:} ZIP CODE

COUNTY

:75 West Hillsboro Blvd. , Suite ii0, Deerfield Beach, Florida 33442

Browat-/

NA¼E

"~~le~ ]~}e.ao.h¢ ~I~T.E’LEP.ONE NUMBEB(Zae2ude A ....

Steve Miller, Pres. and owner 3275 ~st Hillsboro Blvd.

~954 571 8810

33442

ICOUNT~ Browa~

OA~E DISCRIM~.NAIION TOOK

~h 15,
~ CONTINUZNQ ACTZON

Beginning January I, 2000, and continuing throuch March 15, 2000, I w~s subjected h a2assment by Steve Miller, president and owner of ~ederated Financial Services. ’i’.... harassment trek place verbally and physicall}., ~d was directed against
my sea, i.e. female. ;: ....
I w~s fimed on March 15, 2000 by Steve Miller, presiden[ and owner.
Ibelieve I w~s discriminated against in violation of Title IrfI of the Civil Rights :.
of 1964,. as a~ended, £iorida C±vil Kights Act (Chapter 760),

Agency, If any. [ w~l I~vlsS the agencles If I Change myt =

~

.

~r0cessin~ of my c~arQe in accordsnce w)th their procedures.11 is truo to t~e bes¢ o~ my k~OW~dge; lnformallon and

Date
EO(FO~U ~ {Re.,,.

CharglnQ P.arty ,’.’,’~’~r,’,,,c,/r,"

U.S. Equal Employment Opportunity Commil;slon
DISMISSAL AND NOTICE OF RIGHTS

To: Beth Ferry " 2520 North Andrews Avenue Wilton Manors, Florida 33311

From: Miami District Office Equal Employment Opportunity Commission One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131-1805

On behalf of a person e~grieved whose identity is CQNFfE)ENTIAL (29 CFR § fS01 7(a))

Charge Number 150A108!3

EEOC Representative Adrienne Stein, Investi,qator

I
~ Telephone No.

~

(305} 530-6038

IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON: The facts alleged in the charge .~ail to state a claim under any of the statutes enforced by the EEOC.

Your allegations did not involve a disabili~ that is covered by the Americans with Disabilities Act.

The Respondent employs less than the required number of employees or is not otherwise covered by the statutes.

We cannot invest/gate your charge because it was not filed within the time limit required by law.

Having been given 30 days in which to respond, you failed to provide information, failed to appear or be available 1 interviews/conferences, or other~ise failed to cooperate to the extent that it was not possible to resolve your ct~arg

While reasonable efforts were made to locate you, we were not able to do so.

You had 30 days to accept a reasonable settlement offer that affords full relief for the harm you atleged.

The EEOC issues the follow~ng determinatior~: Based upon its inve~li~ation, the EEOC is unable to conclude that ,nformatfor~ obtained establishes violations of the statutes¯ This does’not certify that the respondent is in comp~,~,’:~:
with the statutes. No finciing is made as to any other issues that might be construed as having been raised by this| charge,

The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge.

Ot;’,e,i" (U~’,~/,y

-- NOTICE OF SUIT RIGHTS -(see the addit/ona! Inform=t/on attached to this form.)

liti¢ V’[I, the Americans with Disabilities Ate, a,aft/or Age Dis~:rtmination in Employment Act: This wi][ be the only notice ofdism/ssa/ and at’your right to sue that we vail send you You may pursue this matter further by bringing suit in federal or state cour~ against the c¢.s~ndcnt{s) named in the charge:, if you decide to sue, )ou must sue WITHIN 90 DAYS from year receipt of this Notice. Ot.hervase your fight to s~ based on the above-numbered charge will I~ lost.
Equal Pa~ Act (EPA): EPA suits must be filed tr~ fectera[ or state court within 2 years (3 years for willful violationsl of the alleg~ EPA underpayment. This means tha baekpa) due for an.~ vioh¢iot, that occurred more t.hau 2 years (3 ~’earsi before you fde sgit ma~ aot be collectible. (If you file suit, please send a copy of" your court ,’omplaiat to this office.)
On be~ Comqffssion (’J

Fort Laude~dale, FL 33316

~onL. G

0Federico Cosrales, Dis~ct Director - ~

1625 Hendry Siam, Suite 103

Fen Myers, FL 33901

JS 44

The JS-44 c~vt covet sheet and the information contained herein neither replace, u

pl

by law. except as provided by local rules of court This form approved by the Jud cT~l CGn~erence of the United Slates n September 1974. is requced

of the Clerk of Court for the purpose of initiating the civd docket sheet (SEE INSTR13CTIONS ON THE REVERSE O# THE FORM)

(EXCEPT IN 13 S PLAINTIFF CASES)

(IN U.S PLAINTIFF CASE~ONLYI~
r4OTE ~rq L~-~D CO~Ek~tlAT’~J CASES U£]~ T~E LOCATION

!

SNOW .... o !

(d) CIRCLE COUNTY WHERE ACTION AROSE: DAP~E.. MONROE.

PALM BEACH MARTIN ST LLICIE. iNDIAN RIVEn. OKEIE’G~.I~BEE HIGHLAND9-"

II. BASIS OF JURISDICTION

,r~L,~CE AN X ,~ O,4~_ BOX O(F.o~r,DI iIvIIe.rCstI~TCIZaEsNesSOHnIPlYOJpFTFPRDINECFIPAL PARTIES

.-.

[:3~ U S Government

~e~era.I Question (U S Government Not a Party)

C~tizen of The State

D z U S Government Defendanl

[3 4 Dwersity (Indicate C~tizenship of Parbes ~n Item ill)

Cibzen of Anothe/Slate D 2
CJltZelq Qr Sublect of a Q ~ Fore,gn Country

~ IGIN real

_~ 2 Removed from Slate Court

fPLACE AN "X" IN ONE BOX ONLY)

2 ;~ Remanded from ~ ,~ Reinstated or

~ ~~ApDellate Court

Reopened

Transferred from _-, s another d~smct
(specify)

D ~ MultidBtncl L~hgabon

Appeal to District Judge lrom E~ ~ Magistrate Judgment

-V, NATURE OF SU(T {PLACE AN "’X" /N ONE BOX ONLY)

A CONTRACT

A TORTS

PERSONAL INJURY

PERSONAL

FORFEITURE/PENALTYI A BANKRUPTC~Y A A OTHER STATUTES
a-- 610

A REAL PROPERTY
" 210 d,l" ., ~, "’.?,q ’

~ ~ ~ ~,~.~

A PROPERTY RIGHTS ’ ,:; 470 "a:~e~’ ,~,.e-.,:e~ a~

3413 M:u’q~

PERSONAL PBO~ER’~Y

_~B__ SOCIAL SEOUIITY.

": ,.’~ ,~’~,

A CIVIL RIGHTS
~J 4’=’1 ,,.hr I

""

: PRISONER PETITIONS’
i1~-: 510 I,!’.’IC ".1’ "3’ ]IF

"/30
~.~ ""~. ’ "~’-’ ~’

~ ~6~ ~ . "’, )-

~, ~ F

:- ,Ia, "3y..,"

FEIIRAL TAX SUITS’

’"~e ~’~"" ~’ k ~,~,:~

,I ~

- BD 555 m~£on C,:nm

I

VI. CAUSE OF ACTION ~C~T~ THE u % CIVIL STATUTE UNDER W~IC~ YOU h£E FILIHO

VII. REQUESTED IN COMPLAINT:

~

U~NHDEECR KFRIFCTHPIS23IS

A

CLASS

ACTION /

VIII, RELATED CASE(S) ISee,nstr~ ~sl ,

CHECK YES only F d~ compiai~
"~OCKET NLI~hBE H

REO~ ~ ~

~AOUrJT~ ~ APPLYING ~R

JUDGE

MiAG

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA.
Miami Division

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

CASE NO: 01-7089-CIV-FERGUSON

Plaintiff,

TAREN BUSICK, LINDA FLEEK, SARAH HOFFMAN and BRANDY WILCOX
Intcrvenors,
VS.
FEDERATED FINANCIAL SERVICES, INC.,

~ ... ..: .

,

7:1... ,

;-:

".?

Defendant.

INTERVENORS’ AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

TAREN BUSICK, LINDA FLEEK, SARAH HOFFMAN and BRANDY WILCOX (Hereinafter referred to as "Intevenors") hereby sue FEDERATED FINANCIAL SERVICES, INC. and in support thereof allege as follows:
Nature of the Case This action is brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. and the Florida Civil Rights Act of 1992, Chapter 760, Fla. Star. ("FCRA"), to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Intervenors Busick, Fleek, Hoffman and Wilcox, who were adversely affected by such practices.

CASE NO: 01-7542-CIV-FERGUSON
Intervenors Busick, Fleck, Hoffman and Wilcox allege that their boss sexually harassed them and that the harassment persisted despite their complaint(s). As alleged with greater particularity below, Intervenors were subjected to unwelcome sexual comments, advances and physical contact because of their sex, which created a hostile work environment. As a result of the sexual harassment and Defendant’s failure to take prompt remedial action, the employment conditions of the Intervenors were so intolerable that Busick, Hoffman and Wilcox were forced to resign their positions, and Fleck was fired in retaliation for her complaints. Intervenors seek back pay, front pay, compensatory damages, punitive damages, attorney’s fees and costs and all other relief this Court deems just and proper.
Jurisdiction and Venue 1. This Court has original jurisdiction over Plaintiffs claims under Title VII of the Civil Rights Act of 1964, as amended, pursuant to 28 U.S.C. 1331. This Court has supplemental jurisdiction over Intervenors’ state law claims pursuant to 28 U.S.C. 136, as their state claims are so related to their claims under federal law that they form part of the same case or controversy. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Florida.
Parties 3. At all times material hereto, Defendant was a Florida corporation authorized to do business and doing business within the State of Florida. 4. At all times material hereto, Defendant employed at least fifteen employees and was an employer within the meaning of the FCRA and Title VII.

CASE NO: 01-7542-CIV-FERGUSON
5. Plaintiff Equal Employment Opportunity Commission ("EEOC") is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, as amended.
6. At all times material hereto Busick was a female citizen of the United States and a resident of the State of Florida.
7. At all times material hereto, Busick was an employee of Defendant and was an aggrieved person within the meaning of FCRA and Title VII.
8. At all times material hereto Fleck was a female citizen of the United States and a resident of the State of Florida.
9. At all times material hereto Fleek was an employee of Defendant and was an aggrieved person within the meaning of FCRA and Title VII.
10. At all times material hereto Hoffman was a female citizen of the United States and a resident of the State of Florida.
11. At all times material hereto Hoffman was an employee of Defendant and was an aggrieved person within the meaning of FCRA and Title VII.
12. At all times material hereto Wilcox was a female citizen of the United States and a resident of the State of Florida.
13. At all times material hereto Wilcox was an employee of Defendant and was an aggrieved person within the meaning of FCRA and Title VII.
STATEMENT OF TITLE VII CLAIMS 14. Intervenors restate and reincorporate by reference the allegations set forth in

CASE NO: 01-7542-CIV-FERGUSON
paragraph numbers 6-10 of the Complaint and Jury Trial Demand filed by the EEOC. 15. Intervenors have met all conditions precedent and have exhausted all administrative
remedies prior to the institution of this action. 16. As a result of the above actions, Intervenors have had to retain the undersigned law
firm to which they are obligated to pay reasonable attorney’s fees, costs and expenses. Prayer for Relief
WHEREFORE, Intervenors Busick, Fleek, Hoffman, and Wilcox respectfully request that this court:
a. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and
all persons in active concert or participation with them, 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 Defendants 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 Defendants to make whole Ms. Hoffrnan, Ms. Busick, Ms. Wilcox, and Ms. Fleck
and other similarly situated individuals 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 rightful
4

CASE NO: 01-7542-CIV-FERGUSON
place promotion or front pay, restoration of benefits and positive future employment references for Ms. Hoffman, Ms. Busick, Ms. Wilcox, and Ms. Fleck and other similarly situated individuals.
d. Order Defendants to make whole Ms. Hoffrnan, Ms. Busick, Ms. Wilcox, and Ms. Fleck
and other similarly situated individuals by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 of the Complaint and Jury Trial Demand filed by the EEOC, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
e. Order Defendants to make whole Ms. Hoffman, Ms. Busick, Ms. Wilcox, and Ms. Fleck
and other similarly situated individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph 7 of the Complaint and Jury Trial Demand filed by the EEOC, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
f. Order Defendants to pay Ms. Hoffman, Ms. Busick, Ms. Wilcox, and Ms. Fleck and other similarly situated individuals punitive damages for its malicious and reckless conduct described in paragraph 7 of the Complaint and Jury Trial Demand filed by the EEOC, in amounts to be determined at trial.
g. Grant such further relief as the Court deems necessary and proper in the public interest.
h. Award Busick, Fleck, Hoffman and Wilcox reasonable attorneys’ fees and costs

CASE NO: 01-7542-CIV-FERGUSON
incurred in this action and such other relief as this Court deems just and appropriate. STATEMENT OF FCRA CLAIMS
17. Intervenors restate and incorporate by reference the allegations set forth in paragraph 1- 10 of the Complaint and Jury Trial Demand filed by the EEOC.
18. Intervenors have met all conditions precedent and exhausted all administrative remedies prior to the institution of this action.
19. As a result of the above actions, Intervenors have had to retain the undersigned law firm to which they are obligated to pay reasonable attorneys’ fees, costs and expenses.
Violation of Florida Statute 760.10 Hostile Environment Sexual Harassment 20. Intevenors, reallege and reaver paragraphs 1-19, as if fully set forth herein. 21. Intevenors, were subjected to repeated and longstanding harassment so severe and pervasive so as to alter the terms, conditions and privileges of her employment. 22. Intevenors were subjected to demeaning touching and conduct which was offensive and unwelcome by them. Such conduct would have been offensive to any reasonable person in the same or similar situation. 23. Defendant had actual knowledge of the ongoing harassment of Intevenors as Defendant’s owner, Steve Miller was the individual conducting the unlawful behavior. Intevenors spoke directly with members of Defendant’s management concerning the harassment that was taking place.

CASE NO: 01-7542-CIV-FERGUSON
24. Defendants, failed to take appropriate action to remedy the ongoing abuse and discrimination of Intevenors.
25. Defendant’s harassment of Intevenors had the purpose or effect of substantially interfering with Intevenors’ work performance and created an offensive and hostile work environment in violation of Florida Statutes.
26. The foregoing violated Intevenors’ rights secured by Chapter 760.10, Florida Statutes.
WHEREFORE, Intevenors request that this court enter judgment against Defendant, Federated Financial Services, Inc. and:
a. Permanently enjoin the Defendant, their agents, employees, and those acting in concert with the Defendant from continuing to violate the rights of Intevenors.
b. Order the Defendant to reinstate the Intevenors to their former positions, and make the Intevenors whole with appropriate back pay, front pay, lost seniority, fringe benefits, prejudgment interest and otherwise.
c. Award Intevenors costs including but not limited to reasonable attorneys fees, and any such further relief as this court deems just, proper, and equitable, including punitive damages.
Violation of Florida Statute 760.10 - RETALIATION 27. Intevenor, Lynda Fleek, realleges and reavers paragraphs 1-19, as if fully set forth herein. 28. Defendant’s discharge of lntevenor, Fleek, was, in whole or in part, for her complaints of sexual harassment and discrimination.
7

CASE NO: 01-7542-CIV-FERGUSON
29. The unlawful discriminatory patten, practice, usage and custom by Defendant and their agents and employees, as set forth above, violates the retaliation provisions of Chapter 760.10, Florida Statutes.
WHEREFORE, Intevenor, Lynda Fleck, requests that this court enter judgment against Defendant, Federated Financial Services, Inc. and:
a. Permanently enjoin the Defendant, their agents, employees, and those acting in concert with the Defendant from continuing to violate the rights of Intevenor.
b. Order the Defendant to reinstate the Intevenor to her former position, and make the Plaintiff whole with appropriate back pay, front pay, lost seniority, fringe benefits, prejudgment interest and otherwise.
Demand for Jury Trial 30. Intervenors, Busick, Fleck, Hoffman and Wilcox demand a trial by jury on all issues so triable. Dated: March 17, 2003

Respected,

By: [,.,/// ~/ ~"

- ~k~_

Andrew S. Henschel, Esq.

FBN 852503

HENSCHEL & HENSCHEL, P.A. 801 Northeast 167th Street, Second Floor North Miami Beach, FL 33162 Telephone: (305)999-9398
Facsimile: (305)999-0181

 
 Case 0:01-cv-07089-JAL BETH FORRY, et al

Document 37 Entered on FLSD Docket 12/13/2002 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No.: 01-7089-CIV-Ferguson Magistrate Judge Snow

..:.·, .. . -- -.;

...,
~ I
~ d
0
~ ("")

Plaintiffs,

vs.

FEDERATED FINANCIAL SERVICES, INC.

Defendant.
---------------------------------I
PLAINTIFF BETH FORRY'S SUPPLEMENTAL AMENDMENT TO COMPLAINT [ADDING PARAGRAPH lO(A)]

COMES NOW THE PLAINTIFF, BETH FORRY, by undersigned counsel, and files this

Supplemental Pleading as an Amendment to the Complaint, as follows:

PROCEDURAL REQUIREMENTS

IO(A). On October 24, 2002, the Florida Commission on Human Relations issued to Plaintiff

a Notice of Dismissal and "Right to Sue" letter, attached hereto and incorporated herein as Ex. C.

This Complaint is therefore filed well within one (1) year of the date of such dismissal, and within

the four (4) year statute of limitations.

The Plaintiff realleges each and every allegatio of her initial Complaint herein in support

It-- of the Florida Civil ,i,hts Act claims in Counts I

DATED this

day of December 2 2.

F. PHILLIPS, ESQ. F. PHILLIPS, P.A. ey for the Plaintiff 1401 South Andrews Avenue Fort auderdale, FL 33316 4 765-1350 Fax: (954) 765-1975 Florida Bar No.: 348740

Case 0:01-cv-07089-JAL Document 37 Entered on FLSD Docket 12/13/2002 Page 2 of 4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been served by

United States Mail and facsimile (941) 334-7622 to JASON L. GUNTER, ESQUIRE, The Law

Office of Jason L. Gunter, P.A., attorney for the Defendant, 1625 Hendry Street, Suite 103, Fort

Myers, FL 33901 and CHERYL A. COOPER, ESQUIRE, Attorney for the Equal Employment

Opportunity Commission, Miami District Office, Two South Biscayne Boulevard
,<"

Tower, Suite 2700, Miami, FL 33131, by United States Mail and fac imile

-1+ this

day of December 2002.

ne Biscayne

' . Case 0:01-cv-07089-JAL Document 37 Entered on FLSD Docket 12/13/2002 Page 3 of 4

CERTIFICATE OF FILING AND SERVICE

I HEREBY CERTIFY that a copy of the foregoing NOTICE OF DISMISSAL AND RICIIrT TO

SUE was filed at Tallahassee, Florida and served upon the above-named addressees on this

~ '-1 ~ day of Oc. fobee

, 20 tO;?,

By U.S. Mail

/;-t"L BCYl:~t~he1<C.-go,m· m·i·s£sYiol<n L1..JA-

Case 0:01-cv-07089-JAL Document 37 Entered on FLSD Docket 12/13/2002 Page 4 of 4

/
Jeb Bush Governor

State of Florida

Florida Commission on Human Relations

An Equal Opportunity Employer •Affirmative Action Employer
2009 Apalachee Parkway • Suite 100 • Tallahassee, Florida 32301-4857 (850) 488-7082
Web Site http://fchr.state.fl.us

Rita Barreto Craig Chair
Derick Daniel Executive Director

FCHR CASE NO.: 21-00847 EEOC CASE NO.: 150A10813

Beth I. Forry c/o John F. Phillips, P. A. 1401 South Andrews Avenue Ft. Lauderdale, Florida 33316

COMPLArNANT

Federated Finacial Services c/o Jason L. Gunter, Esquire 1625 Hendry Street, Suite 103 Ft. Myers, Florida 33901

RESPONDENT

NOTICE OF DISMISSAL AND RIGHT TO SUE

Pursuant to the authority vested in me by Commission Rule 60Y-5.006, florida Administrative Code, I issue on behalf of the Commission the following ddermination dismissing the above-referenced complaint for the reason indicated below.

The case was dual-filed with the EEOC, and the EEOC issued its determination that it was unable to conclude that the information obtained establishes violations of the statutes. Therefore, pursuant to the authority of Woodham v. Blue Cross & Blue Shield of Florida, 2002 WL 3 I25992 (Fla.), the case is dismissed and Complainant may pursue this claim in the Division of Administrative Hearings within 35 days of the date of this dismissaL or in civil court within 1 year from the date of this dismissal provided such time period in not morL' than 4 years from the date the alleged violation occurred.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS

~
Executive Director

J{). o?L/- vJ.
Date
COMMISSIONERS

Roosevelt Paige, Vice Chair Orange Park

Gayle Cannon Lake City

John Corbett West Palm Beach

Leonie Hermantin Miami

Keith A. Roberts Dania Beach

Gilbert M. Singer Tampa

Billy Whitefox Stall Panama City

Donna Elam
lhonotosa~~a
Alertw Shutes
l"allahass~c
P. C. Wu Pensacola

 
 Case 0:01-cv-07089-JAL Document 66 Entered on FLSD Docket 05/06/2003 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

BETH FORRY,

Case No. 01-7089-CIV-FERGUSON

Plaintiff

vs.

FEDERATED FINANCIAL SERVICES, INC.,
--------------------------~/
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

MAY 0 ·~ 2005
GlARtNCE IIIIAlJUOX CLE;lK U S. DIST. CT.
S.D. OF FLA. FT. LAUD.

Plaintiff,

vs.

FEDERATED FINANCIAL SERVICES, INC.,

Defendant.
--------------------------~/
TAREN BUSICK, LINDA FLEEK, SARAH HOFFMAN and BRANDY WILCOX

Intervenors,

vs.

FEDERATED FINANCIAL SERVICES, INC.,

Defendant.
--------------------------~/
ORDER ON EMERGENCY MOTION

t ;1

THIS CAUSE is before the Court on the PlaintiffBeth Forry's and Plaintiff EEOC's Joint
(;6

Case 0:01-cv-07089-JAL Document 66 Entered on FLSD Docket 05/06/2003 Page 2 of 2

Page 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Emergency Motion for Protective Order Regarding Situs ofDepositions and Mediation, and For Use

ofCourt's Attorney Conference Room Therefor [D.E.64]. Having considered the motion, pertinent

portions of the record, and there being no objection by opposing counsel, it is

ORDERED AND ADJUDGED that the motion [D.E.64] is GRANTED IN PART AND

DENIED IN PART. The motion to use Room 207(d), outside the Chambers of the undersigned,

for purposes of mediation is GRANTED. The parties are hereby granted permission to use Room

207(d) for purposes of mediation at the United States District Court at 299 East Broward Blvd. Fort

Lauderdale, Florida from 10:00 am until 3:00pm on Monday, May 5, 2003. The motion to use

Room 207(d) for future depositions is DENIED without prejudice to renew. '. ~Jr

DONE AND ORDERED in Chambers at Ft. Lauderdale, Florida, this _ _ day of May,

2003.

copies provided: AndrewS. Henschel, Esq. Cheryl Cooper, Esq. Jason Gunter, Esq.

WILKIE D. FER

N, JR.

UNITED STATES DISTRICT JUDGE

 
 Case 0:01-cv-07089-JAL Document 84 Entered on FLSD Docket 05/30/2003 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 01-7089-Civ-LENARD/Snow

BETH FORRY and EQUAL EMPLOYMENT OPPOTRUNITY COMMISSION,
Plaintiffs,
vs.
FEDERATED FINANCIAL SERVICES, INC.,

FILED by_·

l.f AV , n nn'l

I iYJM I L J i.UU..J

'

CLARENC!:. MA[JDOX

CLERK U S DIST r.T.

S.D. OF FLA. FT. LAUD

Defendant. ----------------------------------------I

ORDER

THIS CAUSE is before the Court on various motions filed

by the parties, which were referred to United States Magistrate

Judge Lurana S. Snow.

On March 19, 2003, the defendant set various depositions

between May 13 and June 13, 2003. On April 29, 2003, the plaintiff

filed an emergency motion for protective order regarding the situs

of the deposi tions 1 and mediation. On May 6, 2003, prior to

receiving the defendant's response, the Court granted the motion to

hold mediation on May 15, 2003, in Room 207(d) of Judge Ferguson's

suite the Fort Lauderdale Courthouse. The Court denied without

prejudice the motion to hold the depositions of the claimants in

the Fort Lauderdale Federal Courthouse.

1 The plaintiff and other claimants, averring fear of lethal violence by the defendant's principal, Steven Miller, asserted that her deposition and those of four other claimants should be held in a secure location under the control of the United States Marshals. The plaintiff also suggested that Fort Lauderdale was more convenient to the claimants than counsel's office in Deerfield Beach, Florida. However, the defendant points out that three of the claimants live in Deerfield Beach.

Case 0:01-cv-07089-JAL Document 84 Entered on FLSD Docket 05/30/2003 Page 2 of 4
On May 13, 2003, the plaintiff filed a renewed motion (Docket Entry 72) for a protective order for three of the depositions (Ms. Hoffman on May 14, Ms. Busick on May 20 and Ms. Forry on May 21). The plaintiff again asks that the depositions be held in Judge Ferguson's suite in the Federal Courthouse in Fort Lauderdale. 2 Because the motion could not be briefed prior to the start of the scheduled depositions, the defendant cancelled the depositions pending the Court's order on the renewed motion.
The defendant's response asserts that the motion is untimely since it was filed weeks after the depositions were set and on the eve of the first deposition. The defendant provides affidavits in opposition to the plaintiff's affidavits of Mr. Miller's propensity for violence. The defendant suggests that the plaintiff is free to provide, at her own expense, any security measures she deems appropriate, rather than burdening the Court with making arrangements for the depositions.
The undersigned agrees that the Court should not be required to arrange for facilities for depositions in civil cases; moreover Judge Ferguson's rooms are no longer available for use. Accordingly, the motion for a protective order cannot be granted.
2 The Court notes that subsequently this case was transferred to the calendar of The Honorable Joan A. Lenard, who sits in Miami, Florida. Accordingly, the plaintiff's proposal to use Judge Ferguson's rooms are moot.
2

Case 0:01-cv-07089-JAL Document 84 Entered on FLSD Docket 05/30/2003 Page 3 of 4
Prior to the filing of the renewed motion for protective order, the plaintiff had noticed depositions of the defendant's principals beginning May 30, 2003, to be held at the EEOC facility in the Claude Pepper Federal Building in Miami, Florida. The defendant's emergency motion (Docket Entry 78) for a protective order asks the Court to stay the plaintiff's depositions until after the defendant has an opportunity to depose the plaintiff and two other claimants, as agreed by the parties. The defendant also asks that the depositions be set at the defendant's principal place of business in Deerfield Beach.
The plaintiff filed an expedited response to this motion, arguing that the Miami is well within th 100-mile distance for nonparty depositions set forth in Fed.R.Civ.P. 45(c),whereas the defendant's cases espousing depositions at the party's place of business involved travel between states or countries. The plaintiff insists that the security of the federal building in Miami is necessary because of the security risk posed by Mr. Miller. Finally, the plaintiff asserts that the defendant's unilateral cancelling of its depositions should not be the basis for disturbing the long-standing notices of deposition.
The undersigned finds that the defendant's last-minute objection to the location of the depositions is not persuasive, nor are the witnesses required to travel extensive distances for the depositions. See, Slater v. Upjohn Co., 593 F.2d 649, 651 (5th Cir.
3

Case 0:01-cv-07089-JAL Document 84 Entered on FLSD Docket 05/30/2003 Page 4 of 4

1979) (denying motion to compel deposition requiring corporate

travel from Michigan to Alabama); Parteciapazioni Bulgari S.p.A.,

1988 WL 113346 (S.D.Fla. 1988) (denying motion to compel deposition

requiring corporate travel from Greece to Miami, Florida). Since

the defendant unilaterally cancelled the claimant's depositions,

the Court will not disturb the plaintiff's deposition schedule.

With the Court being advised, it is hereby

ORDERED AND ADJUDGED as follows:

1. Plaintiff Beth Forry's and Plaintiff EEOC's Joint

Motion for Protective order Regarding Situs of Depositions of Taren

Busick, Beth Forry and Sarah Hoffman and for Use of Court's

Attorney Conference Room Therefor (Docket Entry 72) is DENIED,

although the plaintiffs are free to arrange for private security at

the depositions.

Defendant Federated Financial Services Emergency Motion

for a Protective Order (Docket Entry 7 8) is DENIED as to both

requests.

DONE AND ORDERED at Fort Lauderdale, Florida, this

day of May, 2003.

~~~J.~
·- RANA S. SNOW UNITED STATES MAGISTRATE JUDGE

Copies to:

John Francis Phillips, Esq. (Forry) Kenneth Gillespie, Esq. (EEOC) Jason Lucas Gunter, Esq (D) Stuart A. Rosenfeldt, Esq. (D)

4

 
 Case 0:01-cv-07089-JAL Document 88 Entered on FLSD Docket 06/04/2003 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 01-7089-Civ-LENARD/Snow

BETH FORRY and EQUAL EMPLOYMENT OPPOTRUNITY COMMISSION,

Plaintiffs, vs.

FILEC L;y

FEDERATED FINANCIAL SERVICES, INC., Defendant.
__________________________________ /

CLARENCe MADDOX CLERK U.S. DIST. CT. S.D. OF FlA. FT. LAUD.

ORDER THIS CAUSE is before the Court on various motions filed by the parties, which were referred to United States Magistrate Judge Lurana S. Snow. With the Court being advised, it is hereby ORDERED AND ADJUDGED as follows: 1. The plaintiff's Unopposed Motion for Enlargement of Time for Plaintiff to File Reply to Defendant's Memorandum of Law in Opposition to Plaintiff Beth Forry's Motion to File Supplemental Pleading and Amendment to Complaint (Docket Entry 50 ) is GRANTED, nunc pro tunc to January 22, 2003. 2 . Defendant Federated Financial Services, Inc.'s Motion to Compel Response to Interrogatory Number 17 and for Discovery Sanctions (Docket Entry 60) is DENIED. The information

would be duplicative of information already provided by the
plaintiffs. Winfield v. St. Joe Paper Co., 1978 U.S.Dist. LEXIS
18062 (N.D.Fla. 1978). The defendant has cited no authority for ~
f requiring the plaintiff to scour their records and those of
2e

Case 0:01-cv-07089-JAL Document 88 Entered on FLSD Docket 06/04/2003 Page 2 of 2

records of former employers to determine the names of the

underlying insurance companies over the last ten years.

The request for sanctions is DENIED.

DONE AND ORDERED at Fort Lauderdale, Florida, this

day of June, 2003.

~o~-~
UNITED STATES MAGISTRATE JUDGE

Copies to:

John Francis Phillips, Esq. (Forry) Kenneth Gillespie, Esq. (EEOC) Jason Lucas Gunter, Esq (D) Stuart A. Rosenfeldt, Esq. (D)

 
 Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 1 of 14

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 01-7089-CIV-LENARD/SIMONTON

BETH FORRY and UNITED STATES EQUAL EMPLOYMENT COMMISSION,

FILED bt::f4C--' D.C.

Plaintiffs,
vs.
FEDERATED FINANCIAL SERVICES, INC.,

NOV 0 5 2003
CLARENCE MADDOX CLERK U.S. DIST' CT.
S.D. OF F~A. ·MIAMI

Defendant.
__________________________ /

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT, ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE, DENYING MOTION TO FILE SUPPLEMENTAL PLEADING AND AMENDMENT TO
COMPLAINT, DENYING MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFF EEOC'S TITLE VII CLAIMS, AND GRANTING CROSS-MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT'S SECOND AFFIRMATIVE
DEFENSE
THIS CAUSE is before the Court on Defendant Federated Financial Services, Inc.'s
Motion for Summary Judgment (D.E. 42), filed on January 3, 2003; Defendant Federated
Financial Services, Inc.'s Motion for Summary Judgment as to Plaintiff EEOC's Title VII
Claims (D.E. 45), filed on January 10, 2003; Plaintiff Equal Employment Opportunity
Commission's Cross-Motion for Summary Judgment as to Defendant's Second Affirmative
Defense (D.E. 52), filed onJanuary27, 2003; and the Report and Recommendation ofUnited
States Magistrate Judge Lurana S. Snow (D.E. 89), issued on June 3, 2003. The Motions and
'~1Y

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 2 of 14
the Report have been fully briefed and are ripe for consideration by the Court. Based on a de novo review of the Report and Objections, as well as a thorough review of the Motions and Cross-Motion for Summary Judgment, the Responses, Replies, and the record, the Court finds as follows.
I. Background A. Plaintiff Beth Forry
On June 27, 2001, Plaintiff Beth Forry filed a Complaint against Defendant Federated Financial Services, Inc., alleging claims ofsexual discrimination/harassment and retaliation, in violation of Title VII of the Civil Rights Act of I964("Title VII"), 42 U.S.C. § 2000e, et seq., and the Florida Civil Rights Act ("FCRA"), Fla. Stat. § 760.0 I, et seq. (2002). (D.E. 1.) In her Complaint, Plaintiff Forry alleges that she was employed by Defendant from January 2000 through March 2000. She claims that during that time she was sexually harassed by Steve Miller, President of Defendant corporation, and that her employment was terminated on or about March 15, 2000. On or about January 2, 200I, Plaintiff simultaneously filed claims of sexual discrimination and harassment based on gender with the Equal Employment Opportunity Commission ("EEOC") and the Florida Commission on Human Relations ("FCHR"). On March 30, 2001, the EEOC issued a Notice of Dismissal and Right to Sue letter to Plaintiff.
On July 23, 200 I, Defendant answered Plaintiffs Complaint. (D.E. 4.) On January 23, 2002, the Court consolidated this case with a related action brought by the EEOC against the same Defendant. (D.E. 34.)
2

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 3 of 14
B. Plaintiff EEOC On September 28, 2001, the EEOC filed a Complaint against Defendant Federated Financial Services, Inc. under Title VII and Title I of the Civil Rights Act of 1991 ("Title I"), 42 U.S.C. § 1981 A, to correct unlawful employment practices on the basis of sex and retaliation and to provide appropriate reliefto Sarah Hoffman, Taren Busick, Brandy Wilcox, Linda Fleek and similarly situated individuals who were adversely affected by such practices. (Case No. 01-7542-CIV-LENARD, D.E. 1.) On October 4, 2002, Defendant answered the Complaint. (D.E. 23.) On January 23, 2002, the Court consolidated this case with a related action brought by Plaintiff Forry against the same Defendant and instructed the parties that all filings in the Consolidated Case be filed under the lower case number, Case No. 01-7089CIV-LENARD. (D.E. 34.)
C. Consolidated Case After the two cases had been consolidated, Plaintiff Beth Forry filed a Motion to File Supplemental Pleading and Amendment to Complaint on December 12, 2002. (D.E. 36.) On January 3, 2003, Defendant responded to Plaintiff Forry's Motion (D.E. 40) and filed its Motion for Summary Judgment (D.E. 42). On January 10, 2003, Defendant also filed a Motion for Summary Judgment as to Plaintiff EEOC's Title VII Claims. (D.E. 45.) On January 21, 2003, Plaintiff Forry replied to Defendant's Response to her Motion to File Supplemental Pleading (D.E. 51) and responded to Defendant's Motion for Summary Judgment (D.E. 49). Plaintiff EEOC responded to Defendant's Motion for Summary Judgment as to Plaintiff EEOC's Title VII Claims on January 27, 2003. (D.E. 52.) On
3

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 4 of 14
January 31, 2003, Defendant filed its Reply to Plaintiff Forry's Response to its Motion for Summary Judgment. (D.E. 54.) On February 7, 2003, Defendant replied to PlaintiffEEOC's Response to its Motion for Summary Judgment as to Plaintiff EEOC's Title VII Claims. (D.E. 55.)
On June 3, 2003, U.S. Magistrate Judge Lurana S. Snow issued her Report recommending that the Court deny Plaintiff Beth Forry's Motion to File Supplemental Pleading and Amendment to Complaint. (D.E. 89.) On June 16,2003, Plaintiff Forry filed her objections to the Magistrate's Report. (D.E. 95.)
II. Motion for Summary Judgment and Motion to File Supplemental Pleading and Amendment to Complaint A. Parties' Arguments
In its Motion for Summary Judgment, Defendant argues that Plaintiff Forry's claims brought under the FCRA are barred for failure to exhaust administrative remedies. Defendant contends that because Plaintiff Forry filed her Complaint in this case in the absence of a FCHR finding of reasonable cause and less than 180 days after filing charges with the FCHR, her FCRA claims were premature under the statute and should be dismissed for failure to exhaust administrative remedies. Defendant further asserts that the premature filing ofFCRA claims cannot be cured by the amendment that Plaintiff has requested in her Motion to File Supplemental Pleading and Amendment to Complaint (D.E. 36), filed on December 12, 2002.
4

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 5 of 14
In her Response, Plaintiff Forry argues that the EEOC's determination of"unable to conclude" contained in the Right to Sue Letter Plaintiff received on March 30, 2001, is binding on the FCHR for the purposes of the determination of Plaintiff's rights under the FCRA. Plaintiff Forry contends that under the EEOC/FCHR Worksharing Agreement, the EEOC acted as the agent of the FCHR and that therefore its determination was binding on both agencies. Plaintiff further argues that the EEOC's determination of "unable to conclude" prior to the expiration of the 180 days, combined with the fact that her intent in filing early was not to "affirmatively thwart the FCHR's duty to investigate," distinguishes the facts of her case from those of the cases cited by Defendant in favor of dismissal. (Response at 1-2.)
Plaintiff's Motion to File Supplemental Pleading and Amendment to Complaint involves the same legal issue. In her Motion, Plaintiffrequests leave to amend her Complaint to include a paragraph alleging that on October 24, 2002, FCHR issued a Notice ofDismissal and Right to Sue letter. Plaintiff also wishes to attach a copy of that letter as Exhibit C of the Complaint. Plaintiff's Motion was referred to Magistrate Judge Lurana S. Snow, who issued her Report and Recommendation on June 3, 2003. In her Report, the Magistrate Judge recommends that the Court deny Plaintiff's request. The Magistrate Judge relies on the case law which deems the premature filing of FCRA claims, prior to the exhaustion of administrative procedures, to be a fatal flaw that cannot be cured by amendment or otherwise. (Report at 4)(citing Ayers v. Wal-Mart Stores. Inc.. 941 F.Supp. 1163, 1167 (M.D. Fla. 1996); Dixon v. Sprint-Florida. Inc., 787 So.2d 968,971 (Fla. 5th DCA 2001); Sweeny v.
5

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 6 of 14
Florida Power and Light Co. , 725 So.2d 380, 381 (Fla. 3rd DCA 1998). Plaintiffs Objections to the Report essentially reiterate her arguments in opposition to Defendant's Motion for Summary Judgment. In addition, she argues that in reviewing the Motion to File Supplemental Pleading and Amendment to Complaint, the Magistrate Judge impermissibly decided Defendant's Motion for Summary Judgment, which was not referred to her.
B. Analysis According to the statutory language of FCRA, when a complaint is filed with the FCHR one of three outcomes is possible: (1) if the FCHR "determines that there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992, the aggrieved person may either: (a) Bring a civil action against the person named in the complaint in any court of competent jurisdiction; or (b) Request an administrative hearing," Fla. Stat. § 760.11 (4); (2) "[i]f the commission determines that there is not reasonable cause to believe that a violation of the Florida Civil Rights Act of 1992 has occurred, the commission shall dismiss the complaint," and the claimant may only request an administrative hearing within 35 days of the dismissal, Fla. Stat. § 760.11 (7); and (3) "[i]n the event that the commission fails to conciliate or determine whether there is reasonable cause on any complaint under this section within 180 days of the filing of the complaint, an aggrieved person may proceed...as if the commission determined that there was reasonable cause," Fla. Stat.§ 760.11(8). In other words, a claimant may only file a civil action under FCRA if: (1) the FCHR has determined that reasonable cause exists,
6

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 7 of 14
or (2) the FCHR has failed to make a determination as to reasonable cause and 180 days have elapsed since the filing of charges.
In the instant case, Defendant argues that because the FCHR never made a determination of reasonable cause and Plaintiffs Complaint in this case was filed on the I77th day after she filed charges with the FCHR, Plaintiffs FCRA claims are irreversibly barred. Plaintiff Forry concedes these facts but contends that the premature filing of her Complaint should not be considered fatal to her claims under FCRA. Defendant cites a number of cases as authority for its position that Plaintiff Forry's FCRA claims are irreversibly barred, including: Ayers, 941 F. Supp. 1163; Brice-Northard v. The Sports Authority, 1998 U.S. Dist. LEXIS 20408, 12 Fla. L. Weekly Fed. D 8 (S.D. Fla. 1998); Sweeny, 725 So.2d 380; Brewer v. Clerk of the Circuit Court, Gadsden County, 720 So.2d 602 (Fla. 1st DCA 1998).
In Ayers, the plaintiff filed a civil suit under FCRA only 117 days after filing charges ofdiscrimination with EEOC and FCHR. 941 F. Supp. at 1166-67. She justified her actions by arguing that FCRA 's filing requirements were not jurisdictional prerequisites, but were conditions precedent, subject to equitable modification. Id. The Ayers court noted that "the procedural requirements ofFCRA are very different from those of Title VII" and held that Ayers' "Demand for Right to Sue Letter" effectively halted the administrative investigation into her claim and prevented her from completing FACA' s procedural requirements. Id. at 1167. Thus, the District Court for the Middle District of Florida granted the defendant's motion for summary judgment on Ayers' FCRA claims.
7

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 8 of 14
Two years later, a district court in this district granted summary judgment on FCRA claims under similar circumstances. Brice-Northard, 1998 U.S. Dist. LEXIS 20408, at *8-9. The Brice-Northard Court held that the plaintiff had failed to exhaust her administrative remedies under FCRA on two grounds. First, the court held that the plaintiff in that case had failed to file a charge of discrimination with FCHR in the first place. Second, the court held that even if plaintiffs charges were deemed properly filed under the EEOC/FCHR Worksharing Agreement, Plaintiff had filed her civil complaint before the 180 day waiting period had expired and, therefore, her claims were barred. Id.
Moreover, Florida appellate courts have adopted reasoning similar to that of Ayers and Brice-Northard. In Sweeny, 725 So.2d at 381, the Third District Court of Appeal of Florida affirmed the dismissal of an action brought under the FCRA "because it had been prematurely filed before the expiration ofthe 180 day period provided by section 760.11(3 )." The Sweeny Court held that the premature filing of the complaint in that case was fatal because "the very act offiling the complaint served to 'divest the commission ofjurisdiction' to proceed." Id. (citing Fla. Stat.§ 760.11(5)). The Court further held that "although we might desire to do so, we cannot apply the rule that a premature action should not be dismissed, but rather abated until the appropriate time has run." Id. In Brewer, 720 So.2d at 604, the First District Court ofAppeal ofFlorida affirmed the dismissal of discrimination claims under FCRA where the court found that the statutory prerequisites had not been met. In that case, the Court quoted and relied on the Ayers decision. Id. at 604-05.
8

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 9 of 14
On a question of Florida law, where the Florida Supreme Court has not spoken on the issue, a federal district court is bound by the decisions of Florida intermediate appellate courts applying state law absent "persuasive indication that [the Supreme Court] would decide the issue differently." Galindo v. Ari Mutual Insurance Company, 203 F.3d 771, 775 (11th Cir. 2000). Thus, this Court is bound by the Sweeny and Brewer decisions unless Plaintiffcan persuasively demonstrate that the Florida Supreme Court would decide the issue differently. The Court finds that Plaintiff has failed to satisfy this standard.
Plaintiff argues that under the current Worksharing Agreement between the EEOC and the FCHR each agency designates the other as its agent and, therefore, "a determination by the EEOC is a determination by the FCHR." (Response at 5)(citing Dawkins v. BellSouth, 53 F. Supp. 2d 1356, 1358-59 (M.D. Fla. 1999)(holding that plaintiffs FCRA charges in that case were deemed filed with the FCHR on the same day they were filed with the EEOC, because plaintiff checked the box indicating that she wished her charges to be dually-filed under the Worksharing Agreement)). Plaintiff reasons that based on the language of the Worksharing Agreement and the letter she received from FCHR informing her that her discrimination claim would be processed by the EEOC, 1 the EEOC's determination of "unable to conclude" is binding on the FCHR.
1 Plaintiff has attached a copy of a letter she received from FCHR dated 1anuary 16, 2001, which informed her that her complaint would be processed by the EEOC and that "[t]he Florida Commission on Human Relations will refrain from commencing an investigation into your complaint while it is before the EEOC." (1/16/01 Letter, Response, Ex. C.)
9

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 10 of 14
Even assuming that Plaintiff is correct and that the EEOC's Dismissal and Notice of Rights is a binding determination under FCRA, Plaintiff has failed to show that it was a determination which authorized her to file her complaint prior to the expiration of the 180day statutory period. In its Dismissal and Notice of Rights, the EEOC notified Plaintiff that it was "unable to conclude that the information obtained establishes violations of the statutes." (EEOC Dismissal, Response, Ex. D.) In Woodham v. Blue Cross Blue Shield of Florida, Inc., 829 So.2d 891, 897 (Fla. 2002), the Florida Supreme Court found that the "unable to conclude" language of the EEOC Dismissal form is not equivalent to a finding of no reasonable cause under § 760.11 (7) of FCRA. Id. That Court further found that the language of the EEOC form "does not comply with the notice requirement in subsection (3) [of§ 760.11 ], which requires FCHR to 'promptly notify the aggrieved person...ofthe options available under this section." Id. The Florida Supreme Court treated the EEOC's determination of"unable to conclude" as a failure to make a reasonable cause determination under § 760.11 (8). Id.
Thus, in the instant case, the Court finds that the Dismissal and Notice of Rights Plaintiff Forry received from the EEOC should also be construed as a failure by FCHR to made a reasonable cause determination. The language of the statute is clear. Where FCHR has failed to make a reasonable cause determination, a claimant may file a civil suit under FCRA only after the 180-day waiting period has expired. See Fla. Stat. § 760.11 (8). Since Plaintiff Forry prematurely filed her complaint on the I77th day after she had dually-filed charges with the EEOC and FCHR, her FCRA claims are barred. See Sweeny, 725 So.2d
10

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 11 of 14
at 381; Brewer, 720 So.2d at 604. In her Response, Plaintiff attempts to distinguish the facts ofher case from those ofSweeny, Brewer, Brice-Northard, and Ayers, but her arguments are unconvincing. No matter how liberally one interprets the language of the statute, Plaintiff was not entitled to file a civil complaint until the full 180-day statutory period had run. Thus, pursuant to § 760.11(8), the Court finds that Plaintiff Forry's FCRA claims are barred for failure to exhaust administrative remedies and grants Defendant's Motion for Summary Judgment. Moreover, the Court adopts the Magistrate Judge's Report and denies Plaintiff Forry's Motion to File Supplemental Pleading and Amendment to Complaint as futile.
III. Defendant's Motion for Summary Judgment as to Plaintiff EEOC's Title VII Claims and Plaintiff EEOC's Cross-Motion for Summary Judgment as to Defendant's Second Affirmative Defense A. Parties' Arguments
In its Motion for Summary Judgment as to Plaintiff EEOC's Title VII claims, Defendant asserts that the claimants on whose behalfPlaintiffEEOC seeks reliefhave failed to comply with the verification requirement under the statute, 42 U.S.C. § 2000e-5(b). Defendant argues that the charges of sexual harassment and gender discrimination made against Defendant by Taren M. Busick, Sarah Hoffman, Lynday Fleek, and Brandy Lynn Wilcox were not made "under oath or affirmation" as required by Title VII. Plaintiff agrees that the EEOC Charge of Discrimination forms completed by the four claimants and filed with the EEOC were not signed in the bottom right comer under the printed oath and notarized. Instead, Plaintiff points out that all four claimants signed their charges in the bottom left comer of the form, declaring "under penalty of petjury" that the charges were
11

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 12 of 14
"true and correct." (See EEOC forms, Motion for Summary Judgment, Ex. 1-4.) Plaintiff EEOC argues that this alternative form ofverification is authorized by statute, see 28 U.S.C. § 1746, and recognized in section 1601.3 of the Code of Federal Regulations. Thus, Plaintiff contends that Defendant's Motion for Summary Judgment should be denied.
In addition, Plaintiff has made a Cross-Motion for Summary Judgment as to Defendant's Second Affirmative Defense. In its Second Affirmative Defense, Defendant asserts that "[t]he charges of discrimination filed with the EEOC were not made under oath or affirmation as required by 42 U.S.C. § 2000e-5(e)." (Answer at 3.) Defendant acknowledges that Plaintiffs Cross-Motion "presents and turns upon the identical legal issue presented by Defendant's Motion for Summary Judgment." (Reply at 1 n.l.)
B. Analysis In Vason v. City ofMontgomery. Ala., 240 F.3d 905 (11th Cir 2001), the Eleventh Circuit found that a Title VII claimant had not met the verification requirement under the statute where the charges ofdiscrimination were made in a letter mailed to the EEOC. In that case, it was clear that the charges had not been made under oath or affirmation or verified in any manner, nor had they been amended to correct the failure to verify. Id. at 907. In Fultz v. B.A. Mullican Lumber & Manufacturing Co., 197 F.Supp.2d 523, 524-25 (W.D. Va. 2002), a district court for the Western District of Virginia considered the question of whether or not an unsworn complaint signed "under penalty of perjury" meets the verification requirement under 42 U.S.C. § 2000e-5(b). That Court reasoned that because Title VII qualifies as a "law of the United States," an unsworn declaration under penalty of
12

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 13 of 14
perjury is sufficient verification pursuant to 28 U.S.C. § 1746. That statue states in relevant
part:
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath. or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: ...
(2) If executed within the United States, its territories, possessions, or commonwealths: "I declare (or certify. verify. or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature)".
28 U.S.C.§ 1746 (emphasis added). TheFultz court observed that the EEOC had "obviously
read this law," as it included the prescribed language in its EEOC Form 5.
In the instant case, the charges at issue were also signed "under penalty of perjury"
on EEOC Form 5. The Court agrees with the Fultz court that this method of verification is
explicitly authorized under 28 U.S.C. § 1746. Accordingly, it is
ORDERED AND ADJUDGED that:
1. Defendant Federated Financial Services, Inc.'s Motion for Summary Judgment
(D.E. 42), filed on January 3, 2003, is GRANTED.
2. Plaintiff Beth Forry's claims brought under the Florida Civil Rights Act
("FCRA") are hereby dismissed with prejudice.
13

Case 0:01-cv-07089-JAL Document 126 Entered on FLSD Docket 11/06/2003 Page 14 of 14

3. The Report and Recommendation of United States Magistrate Judge Lurana S. Snow (D.E. 89), issued on June 3, 2003, is hereby ADOPTED.
4. Plaintiff Beth Forry's Motion to File Supplemental Pleading and Amendment to Complaint (D.E. 36), filed on December 12, 2002, is DENIED
5. Defendant Federated Financial Services, Inc.'s Motion for Summary Judgment as to Plaintiff EEOC's Title VII Claims (D.E. 45), filed on January 10, 2003, is DENIED
6. Plaintiff EEOC's Cross-Motion for Summary Judgment as to Defendant's Second Affirmative Defense (D.E. 52), filed on January 27, 2003, is GRANTED.
11/V.
DONE AND ORDERED in Chambers at Miami, Florida, this _Q__ day of~tober,
2003.

t)~ :>4.
JOAN A. LENARD UNITED STATES DISTRICT JU

cc:

U.S. Magistrate Judge Andrea M. Simonton

U.S. Magistrate Judge Lurana S. Snow

All Counsel of Record

Case No. 01-7089-CIV-LENARD/SIMONTON

14

 
 Case 0:01-cv-07089-JAL Document 181 Entered on FLSD Docket 04/26/2004 Page 1 of 2
. ---.:.. .. -=: ..·. -~~rr-t
. -:~--~~0 i.·;_iUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 01-7089-CIV-LENARD/SIMONTON BETH FORRY and EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiffs, and SARAH HOFFMAN, TAREN BUSICK, LYNDA FLEEK, and BRANDY WILCOX, Plaintiff-Intervenors,
v.
FEDERATED FINANCIAL SERVICES, INC., Defendant.
------------------------------·'
ORDER STAYING DEPOSITION OF SHAWN MARTIN Presently pending before the Court an undated letter from Shawn Martin, received by the undersigned Magistrate Judge on April22, 2004. The undersigned has directed that Ms. Martin's letter be filed with the Court. In her letter, Ms. Martin states that she is a former female employee of Defendant who is neither a party to this action or the representative of a party. Ms. Martin contends that on March 26, 2004 and March 30, 2004, she was deposed by Defendant's counsel for a period of more than 10 hours. She further asserts that Defendant's counsel has served a subpoena on her for documents and a further deposition on April 29, 2004,1 and that she produced all the requested documents to the EEOC pursuant to a request made at
1 Ms. Martin states that she attached a copy of the subpoena to her letter, but the subpoena was not attached to the letter received by the undersigned.

Case 0:01-cv-07089-JAL Document 181 Entered on FLSD Docket 04/26/2004 Page 2 of 2

her March 30, 2004 deposition. Ms. Martin claims that she is being harassed, and moves, pursuant to Fed.R.Civ.P. 30(a)(2)(b), to quash the subpoena for the April 29, 2004 deposition because Defendant has not sought leave of court to depose her a second time.
The Court will construe this letter as a motion to quash subpoena, or in the alternative, for protective order. All discovery motions in this case are referred to the undersigned Magistrate Judge (DE## 86, 107).
After a careful review of the record, the undersigned does hereby ORDER that the deposition of Shawn Martin, scheduled for April 29, 2004, is

STAYED pending a resolution of this motion.

2 ·z,uf! DONE AND ORDERED at Miami, Florida, this

day of April, 2004.

Copies furnished to: The Honorable Joan A Lenard
United States District Judge Cheryl A Cooper, Esq.
U.S.E.E.O.C. Two South Biscayne Blvd., # 2700 Miami, FL 33131·1805 Fax # (305) 536-4494 (Counsel for Plaintiff EEOC) John F. Phillips, Esq. 1401 S. Andrews Avenue Ft. Lauderdale, FL 33316 Fax # (954) 765-1975 (Counsel for Plaintiff Forry)

~&?ft;?~ ANDREA M. SIMONTON UNITED STATES MAGISTRATE JUDGE
Shawn Martin 5600 N.W. 61st Street Coconut Creek, FL 33073
Andrew S. Henschel, Esq. Henschel & Henschel, P.A 801 Northeast 167th Street, 2nd Floor North Miami Beach, FL 33162 Fax # (305) 999-0181 (Counsel for Intervenor Plaintiffs)
Charles T. Whitelock, Esq. Whitelock & Associates, P.A. 300 Southeast Thirteenth Street Ft. Lauderdale, FL 33316 Fax# (954) 463-0410 (Counsel for Defendant)

2

 
 Case 0:01-cv-07089-JAL Document 228 Entered on FLSD Docket 06/22/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CIVIL ACTiON NO. 01-7089-CIV-LENARD/MCALILEY

BETH FORRY, Plaintiff,
v. FEDERATED FINANCIAL SERVICES, INC.,
_______________D__ef_e_nd_a_n_t.___________!

-----
1FILED L!Y

-_=M}-l_-

---
D.C.\

! MAG. ~Cl...

J i. U ,_ II llI~1

') ')

'\(\<"IIi
LuU'1

\

O:"I.ARtr~CIO MADDOX
r\ Fin< U.S. DIST. CT• . c;.D. <JF FLI\. · MIAMI

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
BRANDY WILCOX, SARAH HOFFMAN, LYNDA FLEEK and TAREN BUSICK,
Intervenor Plaintiffs,
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant.
----------------------------------I

ORDER GRANTING PLAINTIFF EEOC'S MOTION TO PROVIDE EMPLOYEE CONTACT INFORMATION This matter is before the Court upon Plaintiff EEOC's Motion to Compel Defendant to
Provide Employee Contact Infmmation (DE # 189). The Court having been duly infmmed in this
matter, it is ORDERED AND ADJUDGED that:

Case 0:01-cv-07089-JAL Document 228 Entered on FLSD Docket 06/22/2004 Page 2 of 2
PlaintiffEEOC's Motion to Compel Defendant to Provide Employee Contact Information is hereby GRANTED.
Defendant shall produce to Plaintiff EEOC a list responsive to Interrogatory No. 2-2 of EEOC's Second Set of Intenogatories on or before close of business Friday, June 25, 2004. Defendant is also directed to supplement its Response to No. 1-7 of EEOC's First Set of lntenogatories to incorporate any individuals it may not have listed, including but not limited to the infotmation sought in No. 1-7 for Linda Sweet and Karen Schappert.
DONE AND ORDERED in Chambers, in Miami, Florida, this CJh:t-day of June, 2004.

RIS M. MCAULEY UNITED STATES MAGI

Copies to:

Cheryl A. Cooper, Esq. (305/536-4494, Fax) John F. Phillips, Esq. (954/765-1975, Fax) Andrew Henschel, Esq. (305/999-0 181, Fax)
Christopher J. Whitelock, Esq. (954/463-041 0, Fax)

 
 Case 0:01-cv-07089-JAL Document 230 Entered on FLSD Docket 06/23/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CIVIL ACTION NO. 01-7089-CIV-LENARD/MCALILEY

BETH FORRY, Plaintiff,
V.
FEDERA TED FINANCIAL SERVICES, INC.,
Defendant. ________________________________!
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and BRANDY WILCOX, SARAH HOFFMAN, LYNDA FLEEK and TAREN BUSICK,
Intervenor Plaintiffs, v.
FEDERATED FINANCIAL SERVICES, INC.,
_______________D_e_fe_n_d_an_t_. __________!

FILED by _f~]~:: ~-D.C.
MAG. SEC.
JUN : 2 2004
C:LAI?EflCt MADDUX CLER~ U.:l. DIST. CT. ·S.D. OF FLA. 1.11AMI

ORDER DENYING DEFENDANT'S MOTION TO COMPEL PLAINTIFF EEOC'S COMPLETE INVESTIGATIVE FILE

This matter is before the Comt upon Defendant Federated Financial Services, Inc.'s Motion

to Compel PlaintiffEEOC's Complete Investigative File (DE~ The Comt having been duly

O

*

Case 0:01-cv-07089-JAL Document 230 Entered on FLSD Docket 06/23/2004 Page 2 of 2
informed in this matter, it is ORDERED AND ADJUDGED that: Defendant's Motion to Compel is hereby DENIED. DONE AND ORDERED in Chambers, in Miami, Florida, this &/ttday of June, 2004.
~. A~ \'frl59{; i ~·-s RIS M. MCAULEY cr==-=
UNITED STATES MAGISTRATE JUDGE

Copies to:

Cheryl A. Cooper, Esq. (305/536-4494, Fax) John F. Phillips, Esq. (954/765-1975, Fax) Andrew Henschel, Esq. (305/999-0 181, Fax) Christopher J. Whitelock, Esq. (954/463-041 0, Fax)

 
 Case 0:01-cv-07089-JAL Document 231 Entered on FLSD Docket 06/23/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CIVIL ACTION NO. 0 1-7089-CIV-LENARD/MCAULEY

BETH FORRY,
Plaintiff.
v.
FEDERATED FINANCIAL SERVICES, INC..
Defendant.
--------------------------------I
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
BRANDY WILCOX, SARAH HOFFMAN, LYNDA FLEEK and TAREN BUSICK,
Intervenor Plaintiffs,
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant. ________________________________!

JUN ~ 2 2004
r:l..'flUJCF M~DDOX Cl.E~Ii\ 1LS. DIST. CT.
S.D. iJF rLA. MIAMI

ORDER DENYING DEFENDANT'S MOTION FOR PROTECTIVE ORDER REGARDING PLAINTIFF EEOC'S FED.R.CIV.P. 30(b)(6) DEPOSITION DUCES TECUM ON DEFENDANT'S FINANCIAL WORTH
This matter is before the CoUJt upon Defendant Federated Financial Services, Inc.'s Motion
for Protective Order Regarding PlaintiffEEOC 's Fed.R Ci v. P. 30(b)(6) Deposition Duces Tecum o~

Case 0:01-cv-07089-JAL Document 231 Entered on FLSD Docket 06/23/2004 Page 2 of 2
Defendant's Financial Worth (DE #158). The Comthaving been duly infmmed in this matter, it is ORDERED AND ADJUDGED that:
Defendant's Motion for Protective Order Regarding PlaintiffEEOC's Fed.R.Civ.P. 30(b)(6) is hereby DENIED.
cJ DONE AND ORDERED in Chambers. in Miami. Flmida, this Is!- day of June, 2004.

CHRIS M. MCAULEY UNITED STATES MAGISTRATE JUDGE

Copies to:

Cheryl A. Cooper, Esq. (305/536-4494, Fax) John F. Phillips, Esq. (954/765-1975, Fax) Andrew Henschel, Esq. (305/999-0 181, Fax) Christopher J. Whitelock, Esq. (954/463-041 0, Fax)

 
 Case 0:01-cv-07089-JAL Document 232 Entered on FLSD Docket 06/23/2004 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CIVIL ACTION NO. 01-7089-CIV-LENARD/MCALILEY

BETH FORRY,
Plaintiff,
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant.
--------------------------------I
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

IFILED by ~ D.C.

MAG. SEC.

--

JUN 2 2 2004
r I.Arl[NCE MADDOX
CLEI(r\ U.~;. DI~T. CT. S.D. r_lF FL.l1... MIAMI

Plaintiff,

and

BRANDY WILCOX, SARAH HOFFMAN, LYNDA FLEEK and TAREN BUSICK,

Intervenor Plaintiffs,

v.

FEDERATED FINANCIAL SERVICES, INC.,

Defendant. ________________________________!

ORDER GRANTING PLAINTIFF EEOC'S MOTION TO COMPEL FINANCIAL WORTH INFORMATION FROM DEFENDANT
This matter is before the Court upon Plaintiff EEOC's Motion to Compel Financial Wmth
Infmmation (DE# 169). The Cou11 having been duly infmmed in this matter, it is ORDERED AND
ADJUDGED that:

Case 0:01-cv-07089-JAL Document 232 Entered on FLSD Docket 06/23/2004 Page 2 of 8

Plaintiff EEOC's Motion to Compel Financial Worth Discovery is hereb)GRANTED.

Defendant Federated Financial Services, Inc. shall produce to Plaintiffs:

a.

A corporate representative to provide sworn testimonyregarding Defendant's

financialwm1h, as outlined in paragraphs band c below, as well as 1 through

8 of EEOC's Second Notice of Taking Rule 30(b)(6) deposition duces tecum,

attached hereto as ExhibitA of this Order. The deposition duces tecum shall

be conducted on Tuesday, July 13, 2004, 10 a.m., at the EEOC Miami District

Office, 2 South Biscayne Blvd., Suite 2700, Miami, FL 33131.

b. DocumentsresponsivetoRequestNos.1-13, 1-14,1-15, 1-16,and 1-17of

EEOC's First Request for Production ofDocuments at least ten (I 0) calendar

days before Plaintiff EEOC's Fed.R.Civ.P. 30(b)(6) deposition ducestecum

regarding Defendant's financialwm1h. These documents should include the

time period from January 1, 2001 to the date they are produced to Plaintiff

EEOC, ptior to the deposition.

c.

A response to Interrogatory No. 1-17 of EEOC's First Set of Intenogatories

at least ten (1 0) calendar days before PlaintiffEEOC's Fed.R.Civ.P. 30(b)(6)

deposition duces tecum regarding Defendant's financialwm1h. The response

should include the time period from January 1, 2001 to the date they are

produced to Plaintiff EEOC, ptior to the deposition.

d. The patties shall enter into a confidentiality agreement negotiated and signed

by all the parties on or before close of business Thursday, June 24, 2004. If

the parties fail to agree on the language or conditions of the confidentiality

agreement on or before close ofbusiness June 24, 2004, the party wishing to

Case 0:01-cv-07089-JAL Document 232 Entered on FLSD Docket 06/23/2004 Page 3 of 8

seek relief from the Court must file a motion with the undersigned no later

than Friday, June 25, 2004. The moving party shall also submit a courtesy

copy of the motion directly to Chambers. Pursuant to a showing of non-

agreement, the Coutt will enter an Order outlining the specific terms of the

confidentiality agreement as it relates to Defendant's financial wmth

infmmation.

e.

Failure by the parties to enter into a confidentiality agreement shall not be

grounds for Defendant's non-compliance with paragraphs a through c above.

d)& DONE AND ORDERED in Chambers, in Miami, Florida, this

day of June, 2004.

CHRISM. MCAULEY UNITED STATES MAGISTRATE JUDGE

Copies to:

Cheryl A Cooper, Esq. (305/536-4494, Fax) John F. Phillips, Esq. (9541765-1975, Fax) Andrew Henschel, Esq. (305/999-0181, Fax) Christopher 1. Whitelock, Esq. (954/463-041 0, Fax)

Case 0:01-cv-07089-JAL Document 232 Entered on FLSD Docket 06/23/2004 Page 4 of 8
EXHIBIT A

Case 0:01-cv-07089-JAL Document 232 Entered on FLSD Docket 06/23/2004 Page 5 of 8

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CIVIL ACTION NO. 01-7089-CIV-LENARD

BETH FORRY,
Plaintiff,
v.
FEDERATED FINANCIAL SERVICES, INC.
Defendant.
--------------------------------I
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintitl,
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant. ________________________________!

PLAINTIFF EEOC'S SECOND NOTICE OF TAKING RULE 30(b)(6) DEPOSITION DUCES TECUM

TO: Christopher J. Whitelock, Esq. 300 SE 13th Street Fort Lauderdale, FL 33316

John Phillips, Esq. 1401 South Andrews Avenue Ft. Lauderdale, FL 33516

VERITEXT, LLC 19 W. Flagler St., Suite I020 Miami, FL 33130 (305) 371-1884

Andrew Henschel, Esq. 801 Northeast l67th Street 2"d Floor North Miami Beach, FL 33162

PLEASE TAKE NOTICE THAT Plaintiff, the United States Equal Employment Opportunity Commission, pursuant to Fed. R. Civ. P. 30 (b)(6), will take the deposition upon oral examination ofthe Noticed Corporation at the date, time and place indicated below.

Case 0:01-cv-07089-JAL Document 232 Entered on FLSD Docket 06/23/2004 Page 6 of 8
Deponent: FEDERATED FINANCIAL SERVICES, INC.
Date/Time: Tuesday, March 9, 2004 9:30A.M.
U.S. Equal Employment Opportunity Commission Miami District Office 2 South Biscayne Boulevard, Suite 2700 Miami, Florida, 33I3I
The Noticed Corporation shall designate one or more officers, agents, or other persons
who can testifY on its behalf with respect to the following matters:
1. The revenues of Defendant from Januaty I, I998 to the present, as reflected by Federated Financial Service Inc.'s tax returns, and other financial statements recording such information, including but not limited to Defendant's audited (or unaudited, if audited is unavailable) financial statements, balance sheets, and Annual Reports.
2. The value of all assets held by Defendant, including subsidiaries owned by or connected to the Defendant, from January I, I998 to the present.
3. The purchase and/or lease ofassets by Defendant fi·omJanuaty 1, I998 to the present.
4. The amount of intangible assets held by Defendant from January I, I998 to the present, including but not limited to, bank accounts, money market accounts, certificate of deposits, stocks, bonds, mutual funds, securities, promissaty notes (specifYing the approximate cun·ent market value of each).
5. The net wm1h of Defendant from Januaty 1, I998 to the present.
6. The projected earnings of Defendant.
7. The number of individuals employed by Defendant fi·om Januaty 1, 1998 to the present.
8. The corporate establishments or business entities associated with, related to, or registered under the corporate umbrella of Defendant Corporation (whether superior and/or subordinate establishments within the organization or hierarchy for Defendant in effect from Januaty I, I998 to present). This includes, but is not limited to, Defendant's relationship to IT Management, Inc., CME Advet1ising, Federated Financial Counseling Services, Inc., Equipment Management and Leasing, Inc., Credit Counseling U.K. Limited, Inc., F.E.L., Inc., Federated Financial Services Credit Counseling Corp., S&M Enterprises, Inc. of South Florida, Creative Counseling
6

Case 0:01-cv-07089-JAL Document 232 Entered on FLSD Docket 06/23/2004 Page 7 of 8
Management, Inc., Debt Management Associates Credit Counseling Group, Inc., Marge Enterprises, Inc., Brite Start Counseling Corp., Brite Start, Inc., Awaken Without Debt, Amanecer Sin Deudas, Inc., Liberty Financial Consulting Corp., Saverio Enterprises, Inc., Federated Financial Debt Management Group, Inc., Federated Financial Services, Inc. Com, Lincoln Credit Services, Inc., Jon Pastore, Inc., Simple Computer Solutions, Inc., Federated Consumer Counseling Institute, Inc., and M&S Probeauty, Inc. The deposition will be conducted before an officer authorized by law to administer oaths and
otherwise duly qualified to take depositions and will continue from day to day until completed. At
least ten (10) days prior to the deposition, the witness should produce any and all documents relating to the matters identified in 1 through 8, above. The deposition will be taken for
discovery purposes pursuant to the Federal Rules of Civil Procedure.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attomey
MICHAEL FARRELL Supervisory Ttial Attomey
CHERYL A. COOPER Trial Attomey Florida Bar No. 0171591 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
7

Case 0:01-cv-07089-JAL Document 232 Entered on FLSD Docket 06/23/2004 Page 8 of 8

Miami District Office One Biscayne Tower, Suite 2700 Two South Biscayne Boulevard Miami,FL 33131-1805 Tel.: (305) 530-6009 or (305) 530-6001 Fax: (305) 536-4494

CERTIFICATE OF SERVICE

I

HEREBY

CERTIFY

that

a

true

and

conect

copy

of the

foregoing

was

served

this

28

1 h

day

of January, 2004, by facsimile and U.S. Mail to the following:

John Phillips, Esq. 1401 South Andrews Avenue Ft. Lauderdale, FL 33516 Tel.: (954) 765-1350 Fax: (954) 761-9312

Andrew Henschel, Esq. 801 Northeast !67th Street, 2nd Floor North Miami Beach, FL 33162 Tel.: (305) 999-9398 Fax: (305) 999-0181

Chtistopher J. Whitelock, Esq. 300 SE 13th Street Fort Lauderdale, FL 33316 Tel.: (954) 463-2001 Fax: (954) 463-0410

CHERYL A. COOPER Trial Attorney

8

 
 Case 0:01-cv-07089-JAL Document 233 Entered on FLSD Docket 06/23/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CNIL ACTION NO. 01-7089-CIV-LENARDIMCALILEY

BETH FORRY,
Plaintiff,
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant.
-------------------------------I
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
BRANDY WILCOX, SARAH HOFFMAN, LYNDA FLEEK and TAREN BUSICK,
Intervenor Plaintiffs,
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I

JUN 2.2 2001t

CLARENCE MAne;;);<

_, -------- CLERK U.S. DI:,T .:.

~-D. LJF FL/1.

·~ · 1-

___

ORDER GRANTING PLAINTIFF EEOC'S MOTION FOR PROTECTIVE ORDER PRECLUDING DEFENDANT'S PROPOSED FED.R.CIV.P. JO(b )(6) DEPOSITION
DUCES TECUM OF THE EEOC REPRESENTATIVE WITH THE MOST KNOWLEDGE REGARDING COMPLAINTS AGAINST AN EEOC INVESTIGATOR
'!1 This matter is before the Comt upon PLAINTIFF EEOC'S Motion for Protective Order
fb/fo

Case 0:01-cv-07089-JAL Document 233 Entered on FLSD Docket 06/23/2004 Page 2 of 2
~ o.v
Precluding Defendant's Proposed Fed.R.Civ.P. 30(b)(6) Deposition Duces Tecum of the IEEOC Representative with the Most Knowledge Regarding ComplaintsAgainstAn EEOC Investigator(DE #175). The Court having been duly infmmed in this matter, it is ORDERED AND ADJUDGED that:
Plaintiff EEOC's Motion for Protective Order is hereby GRANTED. DONE AND ORDERED in Chambers, in Miami, Flmida, this (}/<,'1-day of June, 2004.

CHRISM. MCAULEY UNITED STATES MAGISTRATE JUDGE

Copies to:

Cheryl A. Cooper, Esq. (305/536-4494, Fax) John F. Phillips, Esq. (954/765-1975, Fax) Andrew Henschel, Esq. (305/999-0181, Fax) Christopher J. Whitelock, Esq. (954/463-0410, Fax)

 
 Case 0:01-cv-07089-JAL Document 235 Entered on FLSD Docket 06/23/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CfVIL ACTION NO. 0 1-7089-CIV-LENARD/MCAULEY

BETH FORRY,

Plaintiff, v. FEDERATED FINANCIAL SERVICES, INC.,
Defendant.

-----=----··
I FILEO t:v-· -lt-.'tA'-\0f"-- - O.C I\
MAG. SEC.
JUN 2 2 2004
I'! :'~H~~If.E TI.~A0Dt1X CLEHr, :.1 .. ·. ~JIST. CT.
S.Ll. LlF FLA.· M!AMI

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and BRANDY WILCOX, SARAH HOFFMAN, LYNDA FLEEK and TAREN BUSICK,
Intervenor Plaintiffs,
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant.
----------------------------------I
ORDER GRANTING PLAINTIFF EEOC'S MOTION TO COMPEL DISCOVERY This matter is before the Com1 upon Plaintiff EEOC's Motion to Compel (DE #188)
Defendant to produce documents clearly identified and marked with Bates Stamp as well as other

Case 0:01-cv-07089-JAL Document 235 Entered on FLSD Docket 06/23/2004 Page 2 of 2
petmissiblescope of discovery. The Com1 having been duly informed in this matter, it is ORDERED AND ADJUDGED that:
PlaintiffEEOC's Motion to Compel Defendant to produce discovery documents is hereby GRANTED.
1) PlaintiffEEOC shall Bates Stamp and produce to Whitelock & Associates, P.A., the documents it received from fmmer defense counsel Jason Gunter, in response to Plaintiff EEOC's discovery requests on or before close of business June 30, 2004.
2) Within seven (7) calendar days of receipt of EEOC's Bates Stamped production identified in paragraph No. I above, Defendant shall then produce to all Plaintiffs all discovery documents in Defendant's possession clearly identified and marked with Bates Stamp, which relate to, suppmt or controvert the allegations contained in PlaintiffEEOC's Complaint and/or relate, support or controve11 Defendant's denials and/or affirmative defenses in its Answer.
3) Plaintiff EEOC and Defendant shall assume their own costs. DONE AND ORDERED in Chambers, in Miami, Flmida, thi~ I(;.~ day of June, 2004.

CHRISM. MCAULEY UNITED STATES MAGIS

TE JUDGE

Copies to:

Cheryl A. Cooper, Esq. (305/536-4494, Fax) John F. Phillips, Esq. (954/765-1975, Fax) Andrew Henschel, Esq. (305/999-0 181, Fax) Christopher J. Whitelock, Esq. (954/463-041 0, Fax)

 
 Case 0:01-cv-07089-JAL Document 237 Entered on FLSD Docket 06/23/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CIVIL ACTION NO. 0 1-7089-CIV-LENARD/MCAULEY

BETH FORRY,
Plaintiff, v.
FEDERATED FINANCIAL SERVICES, INC.,
_______________D_e_fe_n_d_an_t_. __________!
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and BRANDY WILCOX, SARAH HOFFMAN, LYNDA FLEEK and TAREN BUSICK,
Intervenor Plaintiffs, v. FEDERATED FINANCIAL SERVICES, INC.,
Defendant.
--------------------------------I

I , FILED by _f\A'O _ D.C.\

.MAG. SEC.~

I

I JuN ~ 2 200't \

.-.:·D. 0
c:

~I-.!',R(,'_Wu.:sE.

MD!A~OT.U

OX CT

.

Of FLA. MIAMI

~.·

\

ORDER DENYING DEFENDANT'S MOTION TO COMPEL ADDRESSES FOR LYNDA FLEEK'S MOTHER AND SISTER
This matter is before the Comt upon Defendant Federated Financial Services, Inc.'s Motion
to Compel Addresses for Lynda Fleek's Mother and Sister (DE #205). The Comt having been duly
1/%

Case 0:01-cv-07089-JAL Document 237 Entered on FLSD Docket 06/23/2004 Page 2 of 2
informed in this matter, it is ORDERED AND ADJUDGED that: Defendant's Motion to Compel is hereby DENIED.
DONE AND ORDERED in Chambers, in Miami, Florida, this ~/iJoay of June, 2004.
CJ~~. ~ \fYI ~~----
CHRISM. MCAULEY UNITED STATES MAGISTRATE JUDGE

Copies to:

Cheryl A. Cooper, Esq. (305/536-4494, Fax) John F. Phillips, Esq. (954/765-1975, Fax) Andrew Henschel, Esq. (305/999-0181, Fax) Christopher J. Whitelock, Esq. (954/463-041 0, Fax)

 
 Case 0:01-cv-07089-JAL Document 238 Entered on FLSD Docket 06/23/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CNIL ACTION NO. 01-7089-CIV-LENARD/MCALILEY

BETH FORRY,
Plaintiff.
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant.
-------------------------------I
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
BRANDY WILCOX, SARAH HOFFMAN, LYNDA FLEEK and TAREN BUSICK,
Intervenor Plaintiffs,
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant. _______________________________!

FILEC ~/. f\'\R o.c.l
MAG. SEC.
JUN 2 2 20011
CLARLIJCE MADDOX CLFRr, li.'S. DIST. CT.
<:;.D. ()F FLA. :v~IAMI

ORDER DENYING DEFENDANT'S MOTION TO COMPEL RESPONSES TO (1) DEFENDANT'S REQUEST FOR ADMISSIONS FROM PLAINTIFFS EEOC, TAREN BUSICK, LYNDA FLEEK, SARAH HOFFMAN, BRANDY WILCOX,
AND WENDI NEWMAN, AND (2) DEFENDANT'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS FROM EEOC
This matter is before the Comt upon Defendant Federated Financial Services, Inc.'s Motion

Case 0:01-cv-07089-JAL Document 238 Entered on FLSD Docket 06/23/2004 Page 2 of 2

to Compel Responses to Defendant's Request for Admissions from Plaintiffs EEOC, Taren Busick,

Lynda Fleek, Sarah Hoffman, Brandy Wilcox, and Wendi Newman, and (2) Defendant's Second

Request for Production of Documents from EEOC (DE #206). The CoUJ1 having been duly

informed in this matter, it is ORDERED AND ADJUDGED that:

Defendant's Motion to Compel is hereby DENIED.

d./tr1-" DONE AND ORDERED in Chambers, in Miami, Florida, this

day of June, 2004.

CHRISM. MCAULEY UNITED STATES MAGISTRATE JUDGE

Copies to:

Cheryl A. Cooper, Esq. (305/536-4494, Fax) John F. Phillips, Esq. (954/765-1975, Fax) Andrew Henschel, Esq. (305/999-0 181, Fax) Christopher 1. Whitelock, Esq. (954/463-0410, Fax)

 
 Case 0:01-cv-07089-JAL Document 240 Entered on FLSD Docket 06/25/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CIVIL ACTION NO. 0 1-7089-CIV-LENARD/MCAULEY

BETH FORRY,
Plaintiff.
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant.
_________________________________!
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
BRANDY WILCOX, SARAH HOFFMAN, LYNDA FLEEK and TAREN BUSICK,
Intervenor Plaintiffs,
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant.
---------------------------------I

p - - I

-~'-
FlLLL~ ·~-~~

D.C.\

MAG. ;.,c.'-'·

ORDER DENYJNG DEFENDANT'S MOTION FOR PROTECTIVE ORDER Plaintiff EEOC filed a Motion to Compel Defendant to Provide Employee Contact Information [DE 189], and a hearing was held on this and other discovery motions before the undersigned on June 17, 2004. Plaintiffs Motion was granted at the hearing, which ruling was
~

Case 0:01-cv-07089-JAL Document 240 Entered on FLSD Docket 06/25/2004 Page 2 of 2
thereafter memorialized by Order of this Court on June 2 I, 2004 [DE# 228]. This Order, however, neglected to address the following:
Defendant, as pati of its response to EEOC's Motion to Compel, filed a Motion for Protective Order [DE # 211] to prohibit Plaintiff from engaging in any further ex-patie communications with Defendant's cuiTentand f01mer employees. The Cowi, having reviewed the pleadings and having heard oral argument in this matter, it is ORDERED AND ADJUDGED that:
Defendant's Motion for Protective Order is hereby DENIED. The EEOC may communicate with Defendant's former employees consistent with the EEOC procedures its counsel described at the June 17, 2004 hearing on this motion.
DONE AND ORDERED in Chambers, in Miami, Florida, this 22nd day of June, 2004.
!"'\
( a_-'-~ onCQ.(_ ~~y
CHRIS MCAULEY UNITED STATES MAGISTRATE JUDGE

Copies to:

Cheryl A. Cooper, Esq. (305/536-4494, Fax) John F. Phillips, Esq. (954/765- I975, Fax) Andrew Henschel, Esq. (305/999-0 I8 I, Fax) Christopher J. Whitelock, Esq. (954/463-041 0, Fax)

 
 Case 0:01-cv-07089-JAL Document 256 Entered on FLSD Docket 07/15/2004 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 01-7089-CIV-LENARD/MCALILEY

BETH FORRY, Plaintiff,
V.
FEDERATED FINANCIAL SERVICES, INC., Defendant.
_________________________________!

FILED by
MAG. SEC.

_f1H\/\JL_---Q.c.

CL:>f?[i~r:E. ~~ •Dl"•~/
CLEh't\ U.s. :.. 1·. r :'"":T. S.D. ' :- r! :.__ . I i':,l

ORDER GRANTING IN PART PLAINTIFF BETH FORRY'S MOTION TO COMPEL DEFENDANT'S RESPONSE TO PLAINTIFF BETH FORRY'S
THIRD REQUEST FOR PRODUCTION This matter is before the Court upon Plaintiff Beth Forry's Motion to Compel Defendant's Response to Plaintiff Beth Forry's Third Request for Production, [DE# 218, 6/10/04]. Upon review of Plaintiffs Motion and the Defendant's Response in Opposition thereto, [DE# 243, 6/25/04], Plaintiffs Motion is GRANTED in part and DENIED in part as provided below. Some of the Defendant's objections are boilerplate and do not provide sufficient grounds for the Defendant to avoid production ofdocuments and thus will be overruled and, as provided below, the Defendant will be ordered to produce such documents. On the other hand, to the extent that Plaintiff does not expect her document production requests themselves to result in the production of admissible evidence, but are intended as the beginning of a process that might eventually lead to the discovery of admissible evidence,

Case 0:01-cv-07089-JAL Document 256 Entered on FLSD Docket 07/15/2004 Page 2 of 4

Item 21: Defendant's objection is upheld. The parties shall exchange trial exhibits etc. as directed by the Honorable Joan A. Lenard.
Item 22: This request is untimely and the Defendant's objection is upheld. Item 23 and 24: The Defendant's objections are overruled to this extent: Defendant shall produce responsive documents for the years 2001, 2002 and 2003. Item 25: The Defendant's objection is upheld. Item 26: This request is untimely and the Defendant's objection is upheld. Item 27: The Defendant's objection is overruled as Defendant has failed to establish that responsive documents are subject to an evidentiary privilege. Defendant shall produce the responsive documents. Item 28: The Defendant's objection is overruled to this extent: Defendant shall produce responsive documents for the years 2001, 2002 and 2003. Item 29: This request is untimely and the Defendant's objection is upheld. It is further ordered that the Defendant shall provide the Plaintiff with its response, by hand delivery, no later than 5:00p.m. July 23, 2004. DONE AND ORDERED in chambers, in Miami, Florida this 13th day of July, 2004.
~' m <)Q{.:IL-~
CHRIS MCALILEY UNITED STATES MAGISTRATE JUDGE

Copies to:

Cheryl A. Cooper, Esq. (305/536-4494, Fax) John F. Phillips, Esq. (9541765-1975, Fax) Andrew Henschel, Esq. (305/999-0 181, Fax) Christopher J. Whitelock, Esq. (954/463-041 0, Fax)

Case 0:01-cv-07089-JAL Document 256 Entered on FLSD Docket 07/15/2004 Page 3 of 4
Item 9, 10. 11 and 12: The Defendant's objections are overruled; the Defendant shall produce responsive documents.
Item 13 (first): The Defendant's objection is overruled; the Defendant shall produce responsive documents.
Item 13 (second) and 15: The Defendant's objection to personnel files is upheld. The Defendant's other objections are overruled and Defendant shall produce responsive documents.
Item 16: If the Defendant has not already done so, it shall immediately produce these documents.
Item 17: The Defendant's objection is overruled; Defendant shall produce the responsive documents.
Item 18: The Defendant's objection is overruled; Defendant shall produce the responsive documents.
Item 19: The Defendant's objection is upheld to the extent that this request calls for the production ofcancelled checks for payment ofsalary or income earned from employment by the Defendant. To the extent there are other responsive documents, Defendant shall produce them.
Item 20: Plaintiff justifies this request by stating that it may allow the Plaintiff to identifY temporary employees and thus to possibly develop new witnesses. Such a request is untimely and the Defendant's objection is upheld.

Case 0:01-cv-07089-JAL Document 256 Entered on FLSD Docket 07/15/2004 Page 4 of 4
those requests will be denied. Plaintiff served this discovery request exactly thirty days before the discovery cut-off date of April 30, 2004, knowing that there would be no additional time in which she could engage in additional discovery so that she might follow-up "leads" presented by the requested documents. In this regard, this Court agrees with the Defendant that it is far too late in the nearly three year discovery period to engage in such broad discovery.
Item 1: Defendant's objection is overruled. The Defendant shall produce responsive documents.
Item 2: This request is overly broad; the Defendant's objection is upheld. Item 3: Plaintiff justifies this request by stating that "sources of e-mail communications surely could lead to the discovery ofrelevant evidence." Since the Plaintiff is out of time to follow the production of these documents with new discovery requests, this request is overly broad and untimely, and therefore the Defendant's objection is upheld. Item 4: The Defendant's objection is upheld. Items 5 and 6: Plaintiffjustifies this request, stating that it "may lead to evidence of, for example, other constructive discharges." Simply put, it is too late in the lengthy discovery process for Plaintiffto open this line of inquiry. Defendant's objection is upheld. Item 7. Defendant's objection is upheld as the Plaintiffhas failed to satisfy this Court that production of personnel files would not impinge on witnesses' rights to privacy. Item 8: Defendant's objection is upheld.

 
 Case 0:01-cv-07089-JAL Document 258 Entered on FLSD Docket 07/23/2004 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 01-7089-CIV-LENARD/MCALILEY

BETH FORRY,

Plaintiff~
vs.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - -I
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

by~ FILED

D.C

JUL 2 2 2004
CLARENCE MADDOX CLERK U.S. DIST CT S.D. OF FLA.. MiAMI•

Plaintiff

SARAH HOFFMAN, TAREN BUSICK, LYNDA FLEEK and BRANDY WILCOX,

Plaintiff-Intervenors

vs.

FEDERATED FINANCIAL SERVICES, INC.,

Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - -I
ORDER DENYING PENDING MOTIONS AS MOOT

THIS CAUSE is before the Court on the Joint Notice of Settlement (D.E. 246), filed

Case 0:01-cv-07089-JAL Document 258 Entered on FLSD Docket 07/23/2004 Page 2 of 3
by EEOC and Plaintiff-Intervenors on July 2, 2004. 1 The EEOC and Plaintiff-Intervenors have stated that they expect to file a proposed Consent Decree for approval by the Court within thirty (30) days of the Notice. (Notice at 2.) In light of this settlement, the Court hereby denies as moot Defendants Motion to Dismiss and for Sanctions2 (D.E. 134), filed on February 4, 2004, and Defendant's Motion to Dismiss Plaintiff/Intervenor Wendi Newman3 (D.E. 143). tiled on February 18,2004. Accordingly it is
ORDERED and ADJUDGED that Defendant's Motion to Dismiss and for Sanctions (D.E. 134), filed on February 4, 2004, and Defendant's Motion to Dismiss Plaintiff/Intervenor Wendi Newman (D.E. 143 ), filed on February 18, 2004, are DENIED AS MOOT.
1 The Joint Notice makes clear that Plaintiff Beth Forry has not joined in the settlement. (Joint Notice at 1 n. 1.)
2 In footnote 1 of this Motion, Defendant states that the Motion is not filed against the only remaining Plaintiff in this case, Beth Forry. (Mot. to Dismiss and for Sanctions at I n. l.)
3 There seems to be some dispute, revealed in this Motion, Response and Reply, as to whether Wendi Newman was ever a Plaintiff/Intervenor in this case. What is clear is that the Notice of Settlement informs the Court that the only remaining Plaintiff in this case is Beth Forry, (Joint Notice at 1 n. 1) rendering this Motion to Dismiss moot.
2

Case 0:01-cv-07089-JAL Document 258 Entered on FLSD Docket 07/23/2004 Page 3 of 3

DONE AND ORDERED in Chambers at Miami, Florida this 2d_ day ofJuly, 2004.

c.:.

Ll S Magistrak Judgt elms G 1\lcAiilt)

All Counsel of Record

01-7089-CIV-LENARD/MCALJU:\'

J~NZ}·~
UNITED STATES DISTRICT JUDGE

3

 
 Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 1 of 21

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CIVIL ACTION NO. 01-7089-CIV-LENARD/MCAULEY

BETH FORRY,

Plaintiff,

v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

~ FILEDby

D.C.

AUG 0 5 2004

CLARENCE MADDOX CLERK U.S. DIST. CT. S.D. OF FLA.· MIAMI

Plaintiff, and
SARAH HOFFMAN, TAREN BUSICK, LYNDA FLEEK and BRANDY WILCOX,
Plaintiff-Intervenors,
V.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant. I
--------------------------------~
CONSENT DECREE 1. This Consent Decree is entered into by and between Plaintiff, the United States Equal
Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC"), Plaintiff-Intervenors, Sarah Hoffman, Taren Busick, Lynda Fleek, and Brandy
Wilcox (hereinafter referred lo collectively as "Plaintiff-Intervenors") and the Defenda:%

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 2 of 21
Federated Financial Services, Inc. (hereinafter referred to as "Federated Financial"). The Commission, Plaintiff-Intervenors, and Defendant are collectively referred to as the "Parties". 2. The Commission filed this action on September 28, 2001 under Title VII ofthe Civil Rights Act of 1964 ("Title VII") and Title I of the Civil Rights Act of 1991 to correct alleged unlawful employment practices on the basis ofsex (female), and to provide appropriate relief to Sarah Hoffman, Taren Busick, Lynda Fleek, Brandy Wilcox, and any other similarly situated individuals who were adversely affected by such practices. EEOC's Complaint also alleged that Federated Financial retaliated against Lynda Fleek for complaining of the unlawful sexual harassment by terminating her employment. 3. The Court granted Plaintiff-Intervenors' Motion to Intervene in the above-styled case. Plaintiff-Intervenors' Complaint alleged that Federated Financial violated Title VII of the Civil Rights Act of 1964,42 U.S. C. Section 2000(e) et seq. ("Title VII"), Title I of the Civil Rights Act of 1991, and the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat. §760. 4. Federated Financial filed Answers and Affirmative Defenses to the Complaints filed by EEOC and the Plaintiff-Intervenors wherein Federated Financial denied having engaged in the discriminatory practices alleged and asserted several affirmative defenses to the claims alleged by Plaintiffs. 5. The Parties acknowledge that execution of this Consent Decree does not constitute an admission of any liability or of any discriminatory or unlawful action on the part ofFederated Financial, but that this Consent Decree has been entered into for the purpose of avoiding the costs, inconvenience, and uncertainty of further litigation.
2

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 3 of 21
6. In the interest ofresolving this matter, to avoid the costs oflitigation, and as a result ofhaving engaged in comprehensive settlement negotiations, the Parties have agreed that the action brought by EEOC and Plaintiff-Intervenors should be finally resolved by the entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns.
7. The parties agree that this Decree resolves all the claims against Federated Financial alleged in EEOC charge numbers 150 AO 2862, 150 AO 2863, 150 AO 2864, 150 AO 2865, and civil action number 01-7089-CIV-LENARD. The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with the EEOC other than the charges referred to in this paragraph. This Decree constitutes a complete resolution of all claims that were made by the Commission and Plaintiff-Intervenors in this action.
8. NOW, THEREFORE, the Court having carefully examined the terms and provisions ofthis Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
I. JURISDICTION 9. This court has jurisdiction of the subject matter of this action and over the Parties for the
purposes of entering and enforcing this Decree. I0. No party shall contest the jurisdiction ofthis Federal Court to enforce this Decree and its terms
or the right ofthe EEOC to bring an enforcement suit upon breach of any terms ofthis Decree.
3

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 4 of 21
II. GENERAL PROVISIONS AND INJUNCTIVE RELIEF 11. Federated Financial is enjoined from engaging in any conduct which violates Title Vll by
adversely affecting the terms and conditions of any individual's employment because of their sex. 12. Federated Financial agrees not to engage in conduct which violates Title VII by adversely affecting the terms and conditions of any individual's employment because of the individual's complaints ofwhat he/she reasonably and in good faith believes to be unlawful conduct under Title VII. 13. Federated Financial shall not discriminate against any individual who opposes any of Defendant's practices which the employee believes to be 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 ofdiscrimination; or who cooperated in the investigation or who offered testimony or information in the above styled litigation which resulted in this Consent Decree.
III. DEVELOPMENT OF POLICES AND TRAINING 14. Prior to execution of this Consent Decree Federated Financial established a written policy
against sexual harassment and retaliation which is attached hereto as Exhibit A. A complete copy of this policy has been distributed to all individuals employed by Federated Financial as of the execution ofthis Consent Decree. Federated Financial agrees that all new employees will be provided a copy of the policy against sexual harassment and retaliation within one week of employment.
4

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 5 of 21
15. In order to further ensure the effective implementation of Federated Financial's antidiscrimination policies, Federated Financial will conduct a three (3) hour annual training session throughout the duration ofthis Decree. The training will include specific emphasis on recognizing sexual harassment, on acts that could constitute retaliation, on the proper procedure to be followed if they become aware of sexual harassment or retaliation in the workplace and/or if they receive a complaint of such harassment or retaliation, and on the proper retention of documents related to discrimination complaints. Every employee at Defendant's Deerfield Beach, Florida facility shall attend such sessions. The first training session will be conducted by August 31, 2004, and annually thereafter for the duration of this Decree. The training will be conducted by Federated Financial's Human Resources Director. Federated Financial agrees to provide the EEOC with at least two (2) weeks notice before they conduct their 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 will be in attendance at the training. Federated Financial further
agrees that the sexual harassment policy, retaliation policy and training materials utilized for the training described herein shall be presented to and explained to all new managers and supervisors who did not attend the annual training within thirty (30) days of being placed in a management or supervisory position.
IV. REFERENCES 16. Federated Financial agrees to provide each Plaintiff-Intervenor with a letter stating the
position and dates of employment for each. Copies of the letters are attached as Exhibit B.
5

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 6 of 21
V. POSTING 17. Defendant Federated Financial shall post a laminated 8.5 x 11 size copy of the notice attached
hereto as Exhibit C within seven (7) 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 fountains, etc.). This notice is to remain posted for the term of this Decree.
VI. REPORTING AND MONITORING
18. Federated Financial will retain all employment records relating in any way to any complaint of sex discrimination or retaliation made to a supervisor, manager or human resource officer and to any investigation of sex discrimination or retaliation at Defendant's Deerfield Beach, Florida facility for the duration of this Decree and as required by federal law.
19. For the duration of this Decree, Federated Financial will provide the EEOC annually with the nan1e, last known address and last known phone number ofany person employed at Federated Financial Services Inc.'s Deerfield Beach location who has complained to his or her Manager/Supervisor, Human Resources Department, or the President that he or she has been subjected to sexual harassment or retaliation while working at Defendant's Deerfield Beach location during the preceding year. Federated Financial Services, Inc. will also state its actions taken in response to each such allegation. The first report shall be submitted no later than July 31, 2005, and then annually thereafter for the duration ofthe Decree. Federated Financial will provide upon request by the Commission (a) a copy ofthe complaint, or ifno written complaint was filed, a statement describing the nature of the complaint; (b) a statement describing the
6

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 7 of 21
actions taken; and (c) outcome regarding such complaint. 20. Federated Financial will certify to the EEOC annually throughout the duration of this Decree
that it is in compliance with all aspects of this Decree. The first such certification will be due no later than July 31, 2005, and thereafter annually throughout the duration of this Decree. 21. Federated Financial will appoint one individual who shall be responsible for coordinating its compliance with this Consent Decree and for providing reports to the EEOC. This person shall be appointed and the EEOC notified ofhis or her identity within ten (10) days ofthe Court's approval of this Consent Decree. All documents required to be delivered by Federated Financial Services to the EEOC pursuant to this Consent Decree shall be mailed 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.
VII. MONETARY RELIEF 22. Federated Financial shall pay a lump sum in the amount of two hundred and forty thousand
dollars ($240,000.00) in monetary reliefto the Plaintiff-Intervenors. The monies shall be paid in installments. Federated Financial agrees to make an initial payment of sixty-two thousand five-hundred dollars ($62,500.00) on or before August 31,2004. Thereafter, Federated agrees to make five monthly payments of thirty-one thousand two-hundred and fifty dollars ($31 ,250.00) with the first such payment to be made on or before September 20, 2004 and then monthly thereafter. Federated will make a final monthly payment in the amount oftwenty-one thousand two-hundred and fifty ($21 ,250.00) on or before February 21, 2005. 23. The payments specified in Paragraph 22 shall be made by certified check payable to "Henschel
7

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 8 of 21
& Henschel, P.A. Trust Account" and sent via certified mail, return receipt requested, to "AndrewS. Henschel, Esq., The Law Offices ofHenschel & Henschel, 801 N.E. 1671h Street, 2nd Floor, North Miami Beach, Florida 33162." 24. Federated Financial also agrees to pay a lump sum in the amount of ten thousand dollars ($1 0,000.00) in monetary relief to any other similarly situated aggrieved individuals identified by the EEOC. Within ten (1 0) business days ofthe Court's execution ofthis Decree, Federated Financial agrees to provide the EEOC with the names and last known addresses and phone numbers of all females employed at its Deerfield Beach facility from June 2000 through September 30,2003. EEOC will utilize such information to confirm the accuracy of its efforts to identify similarly situated individuals. On or before January 20, 2005, EEOC will notify Federated Financial of the name(s) of any similarly situated individual(s) entitled to recover, as well as the individual's mailing addresses and the amount ofmonetary reliefto which EEOC has determined the individual(s) shall receive. On or before February 21, 2005, Defendant will send certified checks payable to each such individual, in the amount specified, via certified mail return receipt requested, directly to the mailing addresses provided for each. 25. If EEOC determines that there are no similarly situated individuals entitled to any amount of the monies specified in Paragraph 24, EEOC will notify Federated Financial of same on or before January 20, 2005. In that event, those monies will be forwarded to the PlaintiffIntervenors by the same method as that specified in Paragraph 23 above and divided equally among the Plaintiff-Intervenors. 26. If Federated Financial Services, Inc. fails to tender the above-mentioned payments as set forth above, Federated Financial shall pay interest on the defaulted payment at the rate calculated
8

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 9 of 21

pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by Defendant's non-compliance.

VIII. ENFORCEMENT 27. The Commission shall have independent authority to seek judicial enforcement ofeach aspect,
term, provision and attachment of this Decree. 28. The court will take whatever measures necessary to effectuate the terms of this Decree.

IX. COSTS 29. Each party shall bear her or its own costs and fees associated with this litigation.

X. DURATION OF CONSENT DECREE 30. The duration ofthis Decree shall be three (3) years from the date of entry of the Decree.

__s_ SO ORDERED ADJUDGED AND DECREED, this day of August 2004."""--'

..

1\

~~~~­

/

9

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 10 of 21

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

by:

Date rV~i'

hom as

Regional om y

U.S. Equ l Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO: FOR THE PLAINTIFF-INTERVENORS SARAH HOFFMAN, TAREN BUSICK, LYNDA FLEEK, and BRANDY WILCOX
by: AndrewS. Henschel, Esquire Law Offices of Henschel & Henschel 801 NE 167 Street, 2nd Floor North Miami Beach, Florida 33162

Date: - - - - -

AGREED TO: FOR THE DEFENDANT FEDERATED FINANCIAL SERVICES, INC.
by: Charles T. Whitelock, Esquire Whitelock & Associates, P.A. 300 SE 131h Street Fort Lauderdale, Florida 33316

Date: - - - - -

10

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 11 of 21

AGREED TO:
FOR THE PLAJNTD"F, UNlTED STATES EQUAL EMPLDYMENT OPPORTUNITY COMMISSION

by:

Date:_ _ __

Deln~ Franklin-Thomas

Regional Attorney

U.S. Equal Employment Oppommity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South B1scayne Boulevard

Miami, Florida 33131

AGREED TO:

FOR THE PLAINT_n;'F-LNT.ERVENORS

SARAH HOFFMAN, TAR..EN BUSICK,

LYNDA F

and BRANDY WILCOX

by:

!A#dd_

AndrewS. H nschel. Esquire

Law Offices ot' Henschel &. Henschel

801 NE 167 Street, 2114 Floor

North Miami Beach, Florida 33162

Date:

AGREED TO: FOR !HE DEFENDANT FEDERATED FINANCIAL SERVICES, lNC.
by:
Charles T. Whitelock, Esquire
Whitelock&. Associates, P.A.
300 SE 13m Street
f'on Lauderdale, Florida 33316

Date: _ _ _ __

10

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 12 of 21

AGREED TO:

FOR THE PLAINTIFF, UNITED STATES EQUAL

.EMPLOYMBNT

OPPORTUNlTY

COMMISSION

Date;_ _ _ __
by:
Delner Franklin-Thomas Regional Anomey U.S. Equal Employment OpporrunitY Commission Miami Districl Office One Biscayne Tower, Suite 2700 2 Soijth Bisca)'De Boulevard
Miami, Florida 33131

AGREED TO: FOR THE PLAINTIFF-INTERVENORS SARAH HOFFMAN, TAREN BUSICK, LYNDA FLE.B.K, and BRANDY WiLCOX
by;
Andrew S. Henschel, Esquire Law Offices of Henschel & Hen.s~hel 801 NE 167 Street, 211<1 Floor Nonh Miami Beach, Flcrida 33162

Dare: - - - - -

CES, INC.

10

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 13 of 21
EXHIBIT A
11

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 14 of 21
ANTI-DISCRIMINATION/HARASSMENT POLICY
Our organization shares a common belief that each of us should be able to work in an environment free of discrimination and any form of harassment, including that which is based on sex, including same-sex harassment, pregnancy, race, color, religion, age, national origin, disability, veteran status, marital status or other protected status."
Prohibited Conduct To help ensure that none of us ever feel we are being subjected to harassment, and in order to create a comfortable work environment, the Company prohibits any offensive physical, written or spoken conduct regarding any of these items, including conduct of a sexual nature. This includes:
1. Unwelcome or unwanted advances, including sexual advances. This means unwelcome patting, pinching, brushing up against, hugging, kissing, fondling, or any other similar physical contact.
2. Unwelcome requests or demands for favors, including sexual favors. This includes subtle or blatant expectations, pressures or requests for any type of favor, including a sexual favor (this includes unwelcome requests for dates) whether or not it is accompanied by an implied or stated promise of preferential treatment or negative consequence concenting employment status.
3. Verbal abuse or kidding that is oriented toward a prohibited form of harassment, including that which is sex-oriented and considered unwelcome. This includes comments about a person's national origin, gender, race, color, religion, age, body, including pregnancy, disability, appearance, or marital or veteran status, where such comments go beyond mere courtesy; telling "dirty jokes" that are unwanted and considered offensive; or any tasteless, sexually oriented comments, innuendoes, epithets, slurs, negative stereotyping or other actions that are offensive.
4. Any type of sexually oriented conduct or other prohibited form of harassment that would unreasonably interfere with our work performance. This includes extending unwanted sexual attentions to someone whether or not it reduces either person's productivity or time available to work at assigned tasks.
5. Creating a work environment that is intimidating, hostile, abusive or offensive because of unwelcome or unwanted conversations, suggestions, requests, demands, physical contacts or attentions,

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 15 of 21
whether sexually oriented or otherwise related to a prohibited form of harassment.
6. The distribution, including email distribution, display or discussion of any written or graphic material, including calendars, posters, cartoons, or names, that denigrates or shows hostility or· aversion toward an individual or a group because of race, color, religion, age, sex, pregnancy, national origin, disability, marital, veteran, or other protected status.
Normal, courteous, mutually respectful, pleasant, non-coercive and nonoffensive interactions between employees, including men and women, that are acceptable to and welcomed by both parties are not considered to be harassment.
Reporting Harassment If any of us believe that we are being subjected to any of these forms of harassment, or believes we are being discriminated against because other employees are receiving favored treatment in exchange, for example, for sexual favors, we must bring this to the attention of appropriate persons in management. The very nature of harassment makes it difficult to detect unless the person being harassed registers his or her discontent with the appropriate person. Consequently, the Company encourages any individual who believes s/he may have been harassed to report such offensive conduct or situations to their immediate supervisor, Steve Miller, Margaret Eisenberg, Anthony Coleman, or any other person in management.
Prompt Remedial Action It must be understood that any person electing to utilize this complaint resolution procedure will be treated courteously, the problem handled swiftly and as confidentially as feasible in light of the need to take appropriate corrective action, and the registering of a complaint will in no way be used against the employee, nor will it have an adverse impact on the individual's employment status.
If it is determined, after the investigation, that harassment has, in fact, taken place, appropriate disciplinary action, up to and including termination, will be taken against the individual(s) committing the offense. It is the responsibility of every employee to insure that complaints of harassment are brought immediately to the attention of company management.

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 16 of 21
EXHIBIT B
12

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 17 of 21
August 2, 2004 To Whom It May Concern: Emp1oyec Fleek's work records indicate employment dates from August 1998 to March 2000.
~ Prakash Shanna

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 18 of 21
August 2, 2004 To Whom It May Concern: Employee Wilcox's work records indicate employment dates ti'om June 1998 to .Tune 2000.
Prakash Sharma

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 19 of 21
August 2, 2004 •
To Whom It May Concern: Employee Busick's work records indicate employment dates from January 1998 to May 2000.
~-
Prakash Sharma

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 20 of 21
August 2, 2004 To Whom It May Concern: Employee Hoffman's work records indicate employment dates from August 1999 to May 2000.

Case 0:01-cv-07089-JAL Document 266 Entered on FLSD Docket 08/06/2004 Page 21 of 21

EXHIBITC
NOTICE TO ALL EMPLOYEES

This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC et al. vs. Federated Financial Services, Inc. Federated Financial Services, Inc. has adopted a policy that prohibits discrimination against employees based on sex in violation of Title VII ofthe Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, or sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. Federated Financial Services, Inc. will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, sexual harassment and retaliation.

Federated Financial Services, Inc. assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC. Appropriate corrective action, up to and including termination, based upon the circumstances involved, shall be taken against any employee (including management personnel) found to have violated Federated Financial Services, Inc.'s policy prohibiting discrimination.

This notice shall remain posted for three (3) years from the date the Decree is entered.

Employees or applicants for employment who have questions about their rights under Title VII or any

other federal anti-discrimination law may telephone Federated Financial Services, Inc.'s Human

Resources Director at (954)

or the Miami District Office ofthe Equal Employment Opportunity

Commission at 1-800-669-4000.

Signed this __ day of _ _ _ _ _ _, 2004.

PRESIDENT/CEO, Federated Financial Services, Inc.

DO NOT REMOVE BEFORE _ _ _ _ _, 2007.

 
 Case 0:01-cv-07089-JAL Document 34 Entered on FLSD Docket 01/24/2002 Page 1 of 5
FILEDbYg:D~

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

\JAN 2 3 2002

BETH FORRY,

Case No. 01-7089-CIV-FERGUSON

Plaintiff,
v.

FEDERATED FINANCIAL SERVICES, INC.

Defendant.
--------------------------~/
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Case No. 01-7542-CIV-FERGUSON

Plaintiff, v.

FEDERATED FINANCIAL SERVICES, INC.

Defendant.
--------------------------~/
ORDER CONSOLIDATING CASES & SETTING TRIAL SCHEDULE

THIS CAUSE came before the Court upon the Defendant's Unopposed Motion to

Consolidate [Case No. 01-7542, D.E. # 18]. It is hereby

ORDERED AND ADJUDGED that the Motion [Case No. 01-7542, D.E. #18] is

GRANTED for discovery and trial purposes. Accordingly, the parties shall file all pleadings

under case number 01-7089-CIV-FERGUSON. It is fmther

ORDERED AND ADJUDGED that trial in this matter is set for the two-week period
commencing October 20, 2003, before the Honorable Wilkie D. Ferguson, Jr., United States District
j ' Judge, at 299 East Broward Boulevard, Courtroom 207A, Fort Lauderdale, Florida. If not
3f

Case 0:01-cv-07089-JAL Document 34 Entered on FLSD Docket 01/24/2002 Page 2 of 5
reached during this period, this cause will be continued to each succeeding two-week trial period until reached or until further notice from the Court.
IT IS ORDERED AND ADJUDGED as follows: 1. Counsel shall meet prior to the mandatory pretrial conference to confer to the preparation of a Joint Pretti a! Stipulation. The original and one copy of a Joint Prettial Stipulation must be filed on or before the date set fmth below and shall confmm to Local Rule 16.l(e). The Court will not accept unilateral Pretrial Stipulations. Failure to file a Joint Pretrial Stipulation on or before the date set forth below shall be grounds for dismissal or striking of defenses. 2. In cases ttied before a jury, each party shall file a copy of the proposed jmy instructions in hard copy fmm and on a 3.5" diskette at least ONE WEEK ptior to the beginning of the trial petiod. Each jury instruction shall be typed on a separate sheet and must be suppmied by citations of authority. In preparing their requested j my instructions, the parties shall utilized as a guide the Pattemed Jmy Instructions for Civil Cases approved by the United States Eleventh Circuit, including the Directions to Counsel contained therein. Copies shall be delivered to chambers at the time of filing. Failure to timely file jury instructions and verdict forms as directed above shall be grounds for sanctions, including dismissal or striking of defenses. 3. In cases tried before the Court, each patiy shall file Proposed Findings of Fact and Conclusions of Law in hard copy fmm and on a 3.5" diskette at least ONE WEEK prior to the beginning of the trial period. Proposed Conclusions of law shall be suppmted by citations of authority. Copies shall be delivered to chambers at the time of filing. Failure to timely file
Page 2

Case 0:01-cv-07089-JAL Document 34 Entered on FLSD Docket 01/24/2002 Page 3 of 5

Proposed Findings of Fact and Conclusions of Law as directed above shall be grounds for

sanctions, including dismissal or striking of defenses.

4. All exhibits must be pre-marked. The Plaintiff shall mark its exhibits numerically.

Defendant shall mark its exhibits alphabetically. A typewritten exhibit list setting fmih the number,

or letter, and desctiption of each exhibit must be submitted at the time of ttial. The pariies shall

submit said exhibit list on Form AO 187, which is available from the Clerk's office.

5.

A Motion for Continuance shall not stay the requirement for the filing of a Joint

Pretti a! Stipulation and, unless an emergency situation arises, a Motion for Continuance will not be

considered unless it is filed at least twenty (20) days prior to the date on which the ttial petiod is

scheduled to commence.

6. A11 motions for extension oftime shall be accompanied by a proposed order. Counsel

are reminded to comply with Local Rule 7.l(A)(4).

7. APENDINGMOTIONTODISMISSSHALLNOTSTAYDISCOVERYexcept

where a Stay is mandated by Statute.

8. Non-compliance with any provision of this Order may subject the offending

party to sanctions, or striking of defenses. It is the duty of all counsel to enforce the timetable set

fmih herein in order to insure an expeditious resolution of this cause.

9. The following timetable shall govem the prettial procedure in this cause. This

schedule shall not be modified absent compelling circumstances.

Jun.2,2003

Joinder of Additional Patties and Amended Pleadings.

Page 3

Case 0:01-cv-07089-JAL Document 34 Entered on FLSD Docket 01/24/2002 Page 4 of 5

Jun. 16, 2003
Jun. 30,2003
Jul. 14, 2003 Aug. 4, 2003 Aug. 25, 2003 Sep. 8,2003 Sep. 15, 2003 Oct. 14, 2003

Plaintiff shall furnish opposing counsel with a written list containing the names and addresses of all expett witnesses intended to be called at trial and only those expert witnesses listed shall be petmitted to testifY. Within the fourteenth day period following this disclosure, the Plaintiff shall make its experts available for deposition by the Defendant. The experts' depositions may be conducted without further order from the Court.
Defendant shall furnish opposing counsel with a written list containing the names and addresses of all expett witnesses intended to be called at trial and only those expett witnesses listed shall be petmitted to testifY. Within the fomteenth day period following this disclosure, the Defendant shall make its experts available for deposition by the Plaintiff. The expetis' depositions may be conducted without fmiher order from the Comt.
Patties shall fumish opposing counsel with a written list containing the names and addresses of all witnesses intended to be called at trial and only those witnesses listed shall be petmitted to testify.
All Discovery must be completed.
All Pretrial Motions, including Motions for Summary Judgment and Memoranda of Law, must be filed.
Joint PretJial Stipulation must be filed.
Pretrial Conference at 4:15p.m. Parties should be prepared to address all pending motions.
Calendar Call at 4:15p.m. Proposed Jmy lnstmctions or Proposed Findings of Fact and Conclusions of Law and Proposed Verdict F01m shall be filed. The parties are ordered to confer prior to submitting the Proposed Jury Instructions and Proposed Verdict Form to detetmine whether they can agree to them prior to their submission to the Court.
Page 4

Case 0:01-cv-07089-JAL Document 34 Entered on FLSD Docket 01/24/2002 Page 5 of 5

Oct. 20, 2003

Two-Week Trial Period. A time for your appearance will be given at Calendar Call.

I0. All pretrial Motions in Limine shall be filed not later than twelve (12) days p1ior to

the scheduled Calendar Call. All oppositions to Motions in Limine must be filed seven (7) days

prior to the scheduled Calendar Call.

11. In order to facilitate the accurate transc1iption ofthe trial proceeding, the pa11ies shall

mail to Stephen Franklin, the Court's Official Court Reporter, at 299 East Broward Boulevard,

Suite 2078, Fort Lauderdale, Florida 33301, a copy of (I) the witness and exhibit lists and (2) a

designation of unique proper nouns/names which may be raised at trial, to be received no later than

five (5) days p1ior to the scheduled trial period.

12. If the case is settled, counsel are directed to infmm the Com1 promptly by calling the

judge's chambers and to submit an appropriate Order for Dismissal, pursuant to Fed.R.Civ.P.

41 (a)( 1). The proposed Order must be filed no later than ten (10) days after the Notice of Settlement

is given to the Com1.

~

Januaty, 2002.

copies provided:
Jason Gunther, Esq. Cheryl Cooper, Esq. John Phillips, Esq.

Page 5

 
 Case 0:01-cv-07089-JAL Document 324 Entered on FLSD Docket 10/06/2009 Page 1 of 6
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 01-7089-CIV-LENARD-TORRES
BETH FORRY, Plaintiff,
vs. FEDERATED FINANCIAL SERVICES, INC.,
Defendant. _________________________________________/ UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and SARAH HOFFMAN, TAREN BUSICK, LYNDA FLEEK, AND BRANDY WILCOX,
Plaintiff-Intervenors, v. FEDERATED FINANCIAL SERVICES, INC.,
Defendant. _________________________________________/
REPORT AND RECOMMENDATION ON EEOC’S MOTION TO ENFORCE COURT-ORDERED CONSENT DECREE
This matter is before the Court upon Plaintiff United States Equal Employment Opportunity Commission’s (“EEOC”) Motion to Enforce Court-Ordered Consent Decree and for Order to Show Cause Why Defendant Should Not Be Held in Contempt [D.E.

Case 0:01-cv-07089-JAL Document 324 Entered on FLSD Docket 10/06/2009 Page 2 of 6
269] and Defendant Federated Financial Services, Inc.’s (“Defendant”) Motion for Modification of Consent Decree [D.E. 275]. The EEOC argued that Defendant had failed to satisfy various provisions of the consent decree entered in this case in 2004, while Defendant argued for a modification of that decree in light of changed financial circumstances. Given the evidence that was before us at the time, we deferred ruling on the substance of the motions so that the EEOC could conduct limited discovery on issues relevant to the motions, notably Defendant’s financial condition and its compliance with the anti-discrimination provisions of the decree. [D.E. 292]. Following completion of the court-ordered discovery, the EEOC supplemented its motion [D.E. 306, filed under seal] and Defendant responded thereto [D.E. 312, not filed under seal].1

1

The EEOC’s supplement, titled “Plaintiff EEOC’s Supplement to EEOC’s

Motion to Enforce Court-Ordered Consent Decree, Supplemental Response to

Defendant’s Motion for Modification of Consent Decree, and Incorporated Motion for

Three Month Extension of Consent Decree,” was filed under seal and docketed as D.E.

306. The EEOC’s corresponding “Motion for Permission to File Under Seal” was

likewise filed under seal and docketed as D.E. 305. Both documents are denoted in the

court docket simply as “Sealed Document.” Defendant was served with a copy of the

supplement and filed its response in the normal fashion (i.e., not under seal), but

Plaintiffs-Intervenors were left to guess which arguments the EEOC was putting forth,

and what relief it was requesting, in the sealing filings. [D.E. 318 at 3]. Although the

Court’s general policy is that documents should be publicly-filed, in this case the

EEOC’s argument in its supplemental filing was interwoven with specific information

about Defendant’s financial condition, information that is the subject of a

Confidentiality Order [D.E. 299]. Accordingly, we will grant the EEOC’s motion to file

its supplement under seal by separate Order. However, the sealed designation on the

motion requesting permission to file the supplement under seal [D.E. 305] should be

removed.

Case 0:01-cv-07089-JAL Document 324 Entered on FLSD Docket 10/06/2009 Page 3 of 6
I. ANALYSIS First and foremost, there is no dispute that Defendant has failed to comply with its financial obligations under the consent decree. D efendant’s response to th e EEOC’s supplemental brief did not address the concerns raised by the EEOC about Defendant’s true financial condition, nor did it provide any support for its contention that its financial condition truly had deteriorated to the point that it could not meet its financial obligations under the decree. Rather, Defendant focused generally on its alleged inability to pay the full balance owed: “[F]rom the beginning of this contempt issue . . ., the Defendant openly admitted during settlement negotiations that it would need some type of alternative payment plan because there was no way it could make such substantial payments, or simply cut a check for over $100,000 as the EEOC requested.” [D.E. 312 at 2]. Based on our review of the EEOC’s supplemental filing, including the deposition testimony of Defendant’s corporate representative, the financial documents that Defendant produced to the EEOC, and other relevant materials, and Defendant’s response thereto, we find that Defendant has failed to demonstrate a significant change in its financial circumstances such that a revision of the consent decree is warranted. As for the anti-discrimination provisions of the consent decree, Defendant stated that it had provided documentation which satisfied those provisions. [D.E. 312 at 2 n.1]. The EEOC could have but did not file a reply brief disputing this assertion. We take the EEOC’s silence on this issue as acquiescence that Defendant has satisfied the

Case 0:01-cv-07089-JAL Document 324 Entered on FLSD Docket 10/06/2009 Page 4 of 6
anti-discrimination requirements of the decree. We find this particular issue is now moot.
At this point in the proceedings, it is appropriate to reduce the amount owed to Plaintiffs-Intervenors to a final judgment in their favor so that they may begin collection proceedings. Indeed, Plaintiffs-Intervenors have recently moved for this exact relief. [D.E. 321]. However, the record is not clear as to the amount owed. The EEOC in its supplemental filing states that Defendant failed to pay $111,525 plus interest. [D.E. 306 at 2]. The Plaintiffs-Intervenors seek entry of a final judgment in the amount of $137,377, plus interest accruing at the statutory rate from February 21, 2005, the date Defendant first defaulted on its payments to them under the consent decree. [D.E. 321 at 6-7]. We order the EEOC and Plaintiffs-Intervenors to jointly file a notice advising the Court of the amount of the judgment, within fifteen (15) days from the date of this Report and Recommendation. If Defendant disagrees, it may respond within seven (7) days thereafter. Once this information is before the Court, Judge Lenard may then enter a Final Judgment in Plaintiffs-Intervenors’ favor.
Finally, in its supplemental filing of February 28, 2008, the EEOC moved the Court for a three (3) month extension of the consent decree to allow time for resolution of the pending motions. The decree otherwise would have expired on February 29, 2008. [D.E. 306 at 11; see D.E. 297 (Judge Lenard’s Order extending the consent decree to February 29, 2008)]. We recommend that the motion be granted in part and that the Court’s jurisdiction be extended over the consent decree for an additional sixty

Case 0:01-cv-07089-JAL Document 324 Entered on FLSD Docket 10/06/2009 Page 5 of 6
(60) days, to allow time for the submission contemplated above and the entry of a final judgment in Plaintiffs-Intervenors’ favor.
II. CONCLUSION Based on the foregoing, we hereby RECOMMEND that 1. Plaintiff United States Equal Employment Opportunity Commission’s Motion to Enforce Court-Ordered Consent Decree and for Order to Show Cause Why Defendant Should Not Be Held in Contempt [D.E. 269] be GRANTED. 2. Defendant’s Federated Financial Services, Inc.’s Motion for Modification of Consent Decree [D.E. 275] be DENIED. 3. Plaintiff United States Equal Employment Opportunity Commission’s Motion for Three Month Extension of Consent Decree [D.E. 306] be GRANTED in part and the consent decree be extended an additional sixty (60) days. Pursuant to Local Magistrate Rule 4(b), the parties have ten (10) business days from the date of this Report and Recommendation to serve and file written objections, if any, with the Honorable Joan A. Lenard, United States District Judge. Failure to timely file objections shall bar the parties from a de novo determination by the District Judge of an issue covered in the report and bar the parties from attacking on appeal the factual findings contained herein. R.T.C. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993); LoConte v. Dugger, 847 F.2d 745 (11th Cir. 1988); Nettles v. Wainwright, 677 F.2d 404, 410 (5th Cir. Unit B 1982) (en banc); 28 U.S.C. § 636(b)(1).

Case 0:01-cv-07089-JAL Document 324 Entered on FLSD Docket 10/06/2009 Page 6 of 6
DONE AND SUBMITTED in Chambers at Miami, Florida this 6th day of October, 2009.
/s/ Edwin G. Torres EDWIN G. TORRES United States Magistrate Judge

 
 Case 0:01-cv-07089-JAL Document 334 Entered on FLSD Docket 01/25/2010 Page 1 of 8
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 01-7089-CIV-LENARD-TORRES BETH FORRY, Plaintiff, vs. FEDERATED FINANCIAL SERVICES, INC., Defendant. _________________________________________/ UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and SARAH HOFFMAN, TAREN BUSICK, LYNDA FLEEK, AND BRANDY WILCOX, Plaintiff-Intervenors, v. FEDERATED FINANCIAL SERVICES, INC., Defendant. _________________________________________/ SUPPLEMENTAL REPORT AND RECOMMENDATION This matter is before the Court upon a referral by the Honorable Joan A. Lenard of two motions filed by Plaintiff-Intervenors Sarah Hoffman, Taren Busick, Lynda Fleek, and Brandy Wilcox [D.E. 333]: (1) Motion for Entry of Final Order and Judgment [D.E. 328] and (2) Motion to Strike [D.E. 331]. These motions followed our

Case 0:01-cv-07089-JAL Document 334 Entered on FLSD Docket 01/25/2010 Page 2 of 8
issuance on October 6, 2009 of a Report and Recommendation (“R&R”) on Plaintiff United States Equal Employment Opportunity Commission’s (“EEOC”) Motion to Enforce Court-Ordered Consent Decree. [D.E. 324].
A. Motion for Entry of Final Order and Judgment 1. In our R&R, we determined that Defendant Federated Financial Services, Inc. had failed to comply with its financial obligations under the consent decree entered in this case on August 5, 2004 (and filed at D.E. 266). [D.E. 324 at 3]. We also found that Defendant had failed to demonstrate a significant change in its financial circumstances such that revision of the consent decree was warranted. [Id.]. Finally, we concluded that Defendant had satisfied the anti-discrimination provisions of the consent decree; therefore that part of the motion seeking to compel compliance with those provisions was moot. [Id. at 3-4]. Based on these findings, we recommended that the EEOC’s Motion to Enforce Court-Ordered Consent Decree and for Order to Show Cause Why Defendant Should Not be Held in Contempt [D.E. 269] be granted. At the same time, we recommended that Defendant’s Motion for Modification of the Consent Decree [D.E. 275] be denied. [D.E. 324 at 5]. 2. We deemed it appropriate at that point in the proceedings to reduce the amount owed by Defendant to Plaintiff-Intervenors to a final judgment in their favor so they could begin collection proceedings. [Id. at 4]. We were unable to determine the correct amount owed so we ordered the EEOC and Plaintiff-Intervenors to file that information with the Court. [Id.]. We contemplated that once this information was

Case 0:01-cv-07089-JAL Document 334 Entered on FLSD Docket 01/25/2010 Page 3 of 8

provided to the Court, Judge Lenard could then enter a Final Judgment in PlaintiffIntervenors’ favor. [Id.].
3. The EEOC and Plaintiff-Intervenors timely filed a notice advising that the correct amount of the judgment to be entered against Defendant was $111,525.00, plus interest accruing at the statutory rate from February 21, 2005, the date Defendant first defaulted on payments pursuant to the consent decree, in accordance with Paragraph 26 of the consent decree. [D.E. 327 at 3 ¶¶ 7, 11].
4. The EEOC and Plaintiff-Intervenors also requested in their Joint Notice additional relief not discussed in our R&R but consistent with the relief the EEOC had sought in its motion to enforce the consent decree. [Id. at 3; see D.E. 269 (EEOC’s Motion) at 5-61]. The additional relief identified in the Joint Notice included payment

1

Based on the EEOC’s contention that Defendant had made less than half

of the payments required under the consent decree and further, that Defendant had

failed to provide the EEOC with notice that it had satisfied the consent decree’s anti-

discrimination provisions, the EEOC specifically requested that the Court:

a. Issue an Order to Show Cause directing Defendant to appear before this Court to show cause why it should not be held in contempt of this Court for violating the Consent Decree[]; b. Order the Defendant to comply fully with the Consent Decree; c. Order the Defendant to pay interest on the required payments in accordance with Paragraph #26 of the Consent Decree []; d. Order the Defendant to pay the EEOC’s costs incurred as a direct result of Defendant’s non-compliance in accordance with Paragraph #26 of the Consent Decree []; e. Find Defendant in contempt for its violating the Consent Decree; and f. Order all penalties assessed against the Defendant which this Court deems appropriate with its contempt power.

[D.E. 269 at 5-6, 8].

Case 0:01-cv-07089-JAL Document 334 Entered on FLSD Docket 01/25/2010 Page 4 of 8
by Defendant of the EEOC’s costs incurred as a result of Defendant’s non-compliance with the consent decree; ordering Defendant to appear before the Court to show cause why it should not be held in contempt for violating the consent decree; finding Defendant in contempt for violating the consent decree; requiring Defendant to comply with the consent decree; and assessing penalties against Defendant based on the contempt. [D.E. 327 at 3 ¶¶ 5-6, 8-10].
5. After the Joint Notice was filed, Defendant filed a “Response” to the R&R, acknowledging that the amount it owed was $111,525, but objecting to the entry of any other relief sought by the opposing parties. [D.E. 330 at 2].
6. Plaintiff-Intervenors thereafter filed, within ten (10) days of the date our R&R was issued, a motion seeking the entry of a final order and judgment. [D.E. 328]. That is one of the motions now before us. Plaintiff-Intervenors state they do not object to the R&R but filed their motion to ensure that the final judgment entered in this case includes “the particular relief sought by EEOC and Intervenors, in particular an award of a monetary judgment in Intervenors’ favor against [Defendant], but equally, if not more important, is an order compelling payment of the amount owed, along with a finding of contempt against Federated for violation of this Court’s Consent Decree, purgable solely by payment of the amounts due and owing.” [Id. at 8].
7. As previously stated, Defendant acknowledged the amount owed but objected to the entry of any other relief. [D.E. 330 at 2].

Case 0:01-cv-07089-JAL Document 334 Entered on FLSD Docket 01/25/2010 Page 5 of 8
8. Paragraph 26 of the consent decree provides: If [Defendant] fails to tender the above-mentioned payments as set forth above [in the consent decree], [Defendant] shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by Defendant’s non-compliance. [D.E. 266 at 8-9 ¶ 26]. 9. Pursuant to the unambiguous terms of the consent decree, specifically Paragraph 26, Defendant must pay interest on the defaulted amount ($111,525.00). The request for interest accruing at the statutory rate from February 21, 2005, the date Defendant first defaulted on its payments to Plaintiff-Intervenors, is appropriate and should be granted. 10. Pursuant to the unambiguous terms of the consent decree, specifically Paragraph 26, Defendant must pay the costs that the EEOC incurred as a direct result of Defendant’s non-compliance with the consent decree. The request for payment of the EEOC’s costs is appropriate and should be granted. 11. We reach a different conclusion with regard to the contempt request. The only issue remaining at this point is Defendant’s failure to satisfy the financial provisions of the consent decree which required that Defendant make monetary payments to Plaintiff-Intervenors. [Id. at 7-8 ¶¶ 22-25]. Defendant admits it owes them a sum of $111,525.00. There is thus no dispute that Defendant has not complied with and is in default of its financial obligations under the consent decree. Moreover, we have already found that the anti-discrimination provisions of the consent decree are no longer at issue, a finding to which no party objected.

Case 0:01-cv-07089-JAL Document 334 Entered on FLSD Docket 01/25/2010 Page 6 of 8
The issue before us now is not an equitable one mandated by the consent decree, such that the Court’s contempt powers could be used to enforce the terms of that decree. Cf. Americans with Disability Ass’n, Inc. v. Chmielarz, 289 F.3d 1315, 1321 (11th Cir. 2002). Instead we are concerned with an award of money, and the failure to pay it. Because the issue now involves purely a monetary payment, a finding of contempt is an inappropriate remedy. See, e.g., Combs v. Ryan’s Coal Co., Inc., 785 F.2d 970, 980 (11th Cir. 1986) (“It is equally clear that when a party fails to satisfy a court-imposed money judgment the appropriate remedy is a writ of execution, not a finding of contempt.”); In re Smith, Bankr. No. 04-01851, 2007 WL 2429450, at *1 (Bankr. D.C. Aug. 23, 2007) (“A court’s contempt powers are not ordinarily used in the enforcement of a monetary judgment.”; determining that contempt sanctions were inappropriate where the defendant had failed to pay $500 previously ordered as a compensatory fine for discovery violations, and instead issuing a final judgment in that amount plus interest). Absent express language to the contrary in the consent decree, Defendant’s financial obligations should be enforced through traditional contractual remedies for breach of the decree: entry of judgment for the amount owed plus interest and the EEOC’s costs, as set forth above.
12. Based on the foregoing, we recommend that Plaintiff-Intervenor’s motion for entry of final order and judgment be Granted in part and Denied in part and that Judge Lenard:
a. adopt our October 6, 2009 Report and Recommendation on EEOC’s Motion to Enforce Court-Ordered Consent Decree [D.E. 324] which recommended that:

Case 0:01-cv-07089-JAL Document 334 Entered on FLSD Docket 01/25/2010 Page 7 of 8
i. EEOC’s Motion to Enforce Court-Ordered Consent Decree [D.E. 269] be GRANTED in Part as supplemented herein;
ii. Defendant’s Motion for Modification of Consent Decree [D.E. 275] be DENIED; and
iii. EEOC’s Motion for Three-Month Extension of Consent Decree [D.E. 306] be GRANTED in part and the consent decree be extended an additional sixty (60) days;
b. enter a Final Judgment in Plaintiff-Intervenors’ favor and against Defendant for damages in the amount of $111,525.00 plus interest accruing at the statutory rate from February 21, 2005, the date Defendant first defaulted on its payments to Plaintiff-Intervenors under the consent decree;
c. issue a Writ of Execution on the Final Judgment; d. enter an Order compelling Defendant to pay the EEOC’s costs incurred as a direct result of Defendant’s non-compliance; and e. deny the request to find Defendant in civil contempt.
B. Motion to Strike 13. Plaintiff-Intervenors filed a second motion that is also before us. It is a motion to strike Defendant’s Response to our R&R. [D.E. 331]. In the Response, Defendant acknowledged that it owed $111,525 but objected to the imposition of any other relief. [D.E. 330]. Plaintiff-Intervenors argue that the Response was untimely and further point out that it cites no basis for denying interest on the amount that is admittedly due and owing. Based on our discussion above, we deny the motion to strike.

Case 0:01-cv-07089-JAL Document 334 Entered on FLSD Docket 01/25/2010 Page 8 of 8
Pursuant to Local Magistrate Rule 4(b), the parties have ten (10) business days from the date of this Report and Recommendation to serve and file written objections, if any, with the Honorable Joan A. Lenard, United States District Judge. Failure to timely file objections shall bar the parties from a de novo determination by the District Judge of an issue covered in the report and bar the parties from attacking on appeal the factual findings contained herein. R.T.C. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993); LoConte v. Dugger, 847 F.2d 745 (11th Cir. 1988); Nettles v. Wainwright, 677 F.2d 404, 410 (5th Cir. Unit B 1982) (en banc); 28 U.S.C. § 636(b)(1).
DONE AND SUBMITTED in Chambers at Miami, Florida this 25th day of January, 2010.
/s/ Edwin G. Torres EDWIN G. TORRES United States Magistrate Judge

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 01-7089-CIV-LENARD/TORRES
BETH FORRY,
Plaintiff, vs.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant. _________________________________/
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
SARAH HOFFMAN, TAREN BUSICK, LYNDA FLEEK, AND BRANDY WILCOX,
Plaintiff-Intervenors,
v.
FEDERATED FINANCIAL SERVICES, INC.,
Defendant. _________________________________/
OMNIBUS ORDER
THIS CAUSE is before the Court on the Magistrate Judge’s Supplemental Report and
Recommendation (“Supplemental Report,” D.E. 334), issued on January 25, 2010. This

matter was referred to the Magistrate Judge for a supplemental report regarding certain additional relief sought by Plaintiff-Intervenors. (See D.E. 333.) The Supplemental Report recommends the Court: (1) grant in part and deny in part Plaintiff-Intervenors’ Motion for Entry of Final Order and Judgment (D.E. 328), filed on October 16, 2009; (2) adopt the Magistrate Judge’s October 6, 2009, Report (D.E. 324); (3) grant the EEOC’s Motion to Enforce Court-Ordered Consent Decree (D.E. 269); (4) deny Defendant’s Motion for Modification of Consent Decree (D.E. 275); (5) grant in part the EEOC’s Motion for ThreeMonth Extension of Consent Decree (D.E. 306) and extend the consent decree an additional sixty days; (6) enter a final judgment in Plaintiff-Intervenors’ favor and against Defendant in the amount of $111,525.00 plus interest accruing at the statutory rate from February 21, 2005; (7) issue a writ of execution on the final judgment; (8) enter an order compelling Defendant to pay the EEOC’s costs as a result of Defendant’s non-compliance; and (9) deny the request to find Defendant in civil contempt. The Parties were provided fourteen (14) days to file objections to the Supplementary Report. To date, no objections have been filed. Failure to file timely objections shall bar the parties from attacking on appeal the factual findings contained in the report. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Therefore, after an independent review of the Supplementary Report, related pleadings, and the record, it is hereby ORDERED AND ADJUDGED that:
1. The Supplementary Report and Recommendation of the Magistrate Judge (D.E. 334), issued on January 25, 2010, is ADOPTED;
2

2. Consistent with the Supplementary Report and this Order, PlaintiffIntervenors’ Motion for Entry of Final Order and Judgment (D.E. 328), filed on October 16, 2009, is GRANTED IN PART and DENIED IN PART;
3. The Report and Recommendation of the Magistrate Judge (D.E. 324), issued on October 6, 2009, is ADOPTED;
4. Plaintiff EEOC’s Motion to Enforce Court-Ordered Consent Decree (D.E. 269), filed on April 3, 2007, is GRANTED IN PART;
5. Defendant’s Motion for Modification of Consent Decree (D.E. 275), filed on April 25, 2007, is DENIED;
6. Plaintiff EEOC’s for Three-Month Extension of Consent Decree (D.E. 306), filed on February 28, 2008, is GRANTED IN PART and the consent decree is hereby extended an additional sixty (60) days;
7. Final Judgment is ENTERED in favor of Plaintiff-Intervenors and against Defendant Federated Financial Services, Inc., in the amount of $111,525.00, plus interest accruing at the statutory rate from February 21, 2005, the date Defendant first defaulted on its payments to Plaintiff-Intervenors under the consent decree, for which sum let execution issue;
8. Defendant is ordered to pay the EEOC’s costs incurred as a direct result of Defendant’s non-compliance with the consent decree;
9. Plaintiff-Intervenors’ request to find Defendant in civil contempt is DENIED; 10. All other pending motions are DENIED AS MOOT.
3

DONE AND ORDERED in Chambers at Miami, Florida this 25th day of February, 2010.
___________________________________ JOAN A. LENARD UNITED STATES DISTRICT JUDGE
4

 
 Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 1 of 25

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

BETH FORRY,

CASE NO.: 01-7089-CIV-LENARD

Plaintiff,

vs.

FEDERATED FINANCIAL SERVICES, INC.,

Defendant.

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and SARAH HOFFMAN, TAREN BUSICK, LYNDA FLEEK and BRANDY WILCOX,
Judgment Creditors,
vs. FEDERATED FINANCIAL SERVICES, INC.,
Judgment Debtor,

AGREED JOINT MOTION OF JUDGMENT CREDITORS', SARAH HOFFMAN, NOW KNOWN AS SARAH HODGSON, TAREN BUSICK, NOW KNOWN AS
TAREN PAVESE, LYNDA FLEEK AND BRANDY WILCOX, NOW KNOWN AS BRANDY STALLINGS, AND JUDGMENT DEBTOR, FEDERATED FINANCIAL
SERVICES, INC., ITS PRINCIPALS AND AFFILIATES, TO APPROVE SETTLEMENT AGREEMENT BETWEEN THEM AS INCORPORATED
HEREIN
Judgment Creditors, Sarah Hoffman, now known as Sarah Hodgson, Taren Busick,
now known as Taren Pavese, Lynda Fleek and Brandy Wilcox, now known as Brandy Stallings ("Judgment Creditors"), and Judgment Debtor, Federated Financial Services,

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 2 of 25
Inc. ("Judgment Debtor") (Judgment Creditors and Judgment Debtor shall collectively be referred to as the Settling Parties"), along with its principals, (1) Steven Miller ("Miller"), on behalf of himself, and as President of Judgment Debtor, (2) Marge Eisenberg ("Eisenberg"), and (3) Anthony G. Coleman, Jr. ("Coleman") (Miller, Eisenberg and Coleman shall collectively be referred to herein as the "Judgment Debtor's Principals"), along with the following legal entities of which they each, either individually or collectively, own, manage or control: (a) Equipment Leasing Services, Inc. ("ELS"), (b) CME Advertising, Inc. ("CMEA"), (c) IT Management, Inc. ("ITM") (d) Federated Financial Services Credit Counseling Corp. ("FFSCCC"), (e) Equipment Management & Leasing, Inc. ("EML"), (f) IT Management Services, Inc. ("ITMS"), (g) Federated Financial Counseling Services, Inc. ("FFCS"), (h) Federated Financial, Inc. ("FF"), (i) Federated Financial Debt Management Group, Inc. ("FFDMG"), and G) IT Management, Inc. ("ITM") and any and all other affiliated legal entities (whether identified or unidentified herein) that are affiliated with each of them, whether singularly or collectively, through either ownership, management or control (collectively the "Judgment Debtor's Affiliates"), do hereby jointly move for the entry of an Order by this Court approving the Settlement Agreement, incorporated herein with operative settlement terms set forth in bold, in the form annexed as Exhibit A hereto, resolving the disputes between the parties, for good and valuable consideration, and who hereby stipulate and agree as follows:
THE CONSENT DECREE AND JUDGMENT WHEREAS Judgment Debtor had failed to pay $111,525.00, plus accruing interest, in damages (the "Unpaid Balance") due to the Judgment Creditors by February 21, 2005, pursuant to a Consent Decree (D.E. #266) obtained by the United States Equal
2

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 3 of 25
Employment Opportunity Commission (the "EEOC"), on their behalf on August 5, 2004 awarding them $250,000 (the "Award Amount") (D.E. #266, Gj!Gjl22 through 26).
WHEREAS, on January 25, 2010, Magistrate Judge Edwin G. Torres entered a Supplemental Report and Recommendation (the "Supplemental Report") recommending that this Court enter a final judgment in favor or Judgment Creditors and against Judgment Debtor in the amount of$111,525.00 plus interest accruing at the statutory rate from February 21, 2005, and to issue a writ of execution on the final judgment (D.E. #334).
WHEREAS, on February 25, 2010, this Court adopted the Supplemental Report by the entry of an Omnibus Order (D.E. #336) (the "Initial Judgment"), in which Final Judgment was entered in favor of Judgment Creditors and against Judgment Debtor, in the amount of $111,525.00, plus interest accruing at the statutory rate from February 21, 2005, the date Defendant first defaulted on its payments to Plaintiff-Intervenors under the Consent Decree, for which sum let execution issue. The amount of interest accruing at the statutory rate from February 21, 2005 (the default date under the consent decree) until the date of the entry of the Initial Judgment on February 25, 2010 was $51,235.93.
WHEREAS, in order to have the form of the Initial Judgment comply with certain requirements set forth in Fla. Stat. §§55.01 & 55.03, on March 19, 2010, this Court subsequently entered Final Judgment (D.E. #344) upon the Initial Judgment (D.E. #336), in favor of Judgment Creditors, and against Judgment Debtor, in the total amount of $162,760.93, plus 6% statutory interest accruing thereafter, for which sum let execution issue (the "Subsequent Judgment").
3

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 4 of 25
WHERAS, Judgment Debtor neither timely moved for rehearing of, nor sought an appeal from or stay of either the Initial Judgment or the Subsequent Judgment, both of which are now final and valid.
JUDGMENT CREDITORS' SECURITY INTEREST IN THE ASSETS OF JUDGENT DEBTOR WHEREAS, certified copies of the Initial Judgment were recorded in the Public Records ofBroward County on March 8, 2010 in Official Record Book 46925, pages 624 through 627, and of the Subsequent Judgment on March 24, 2010 in Official Record Book 46965, pages 1548 through 1550, thereby creating and securing a valid judicial lien on all the real property of the Judgment Debtor in Broward County, Florida. WHEREAS, on March 12, 2010 a judicial lien certificate upon the Initial Judgment, which also extends to entry of the Subsequent Judgment, was filed with Florida's Secretary of State under Document Number Jl0000402385 thereby creating and securing a valid judicial lien on all the personal property of the Judgment Debtor wherever located. WHEREAS, pursuant to both the Initial Judgment and Subsequent Judgment, on April16, 2010, the Judgment Creditors had issued and delivered a Writ of Execution (the "Writ") (D.E. #363) to the United States Marshals, in their capacity as sheriffs for the purposes of executing upon the Writ, and all county Sheriffs located in the State of Florida, which Writ was returned to the Judgment Creditors unsatisfied on May 10, 2010 (D.E. #377).
THE BANK OF AMERICA WRIT OF GARNISHMENT WHEREAS, on March 1, 2010, the Judgment Creditors then filed an Ex Parte Motion for Entry of Writ of Garnishment (the "Initial Bank of America Motion"),
4

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 5 of 25
pursuant to Fla. Stat. §77.03 [D.E. #348, previously #338 as sealed document], and the Clerk of this Court issued a Writ of Garnishment (the "Initial Bank of America Writ") [D.E. #349, previously #339 as sealed document] that was served on the Garnishee, Bank of America, N.A. ("Bank of America").
WHEREAS, on March 4, 2010, Bank of America filed its Answer and Demand for Attorneys' Fees to the Initial Writ, which was served upon it on March 1, 2010 (the "Initial Bank of America Answer")[D.E. #342] stating that it held $3,227.90 (the "Bank of America Garnished Funds") in an account (ending #2175).
WHEREAS, on March 5, 2010, the Judgment Creditors, pursuant to Fla. Stat. §77.055, timely served and filed the Notice of Serving the Initial Motion, the Initial Writ, and the Initial Answer (the "Initial Bank of America Notice") [D.E. #343] to Judgment Debtor and its counsel, by mail, advising them that the Judgment Debtor "must move to dissolve the Writ of Garnishment within 20 days of March 5, 2010, if any allegation in the Motion for Writ of Garnishment is untrue."
THE SUBSEQUENT BANK OF AMERICA WRIT OF GARNISHMENT WHEREAS, simultaneously with the entry of the Subsequent Judgment, the Court entered an Order denying without prejudice the Initial Bank of America Motion [D.E. #345]. WHEREAS, on April 6, 2010, the Judgment Creditors again filed a Motion for the Entry of a Writ of Garnishment (the "Subsequent Bank of America Motion") [D.E. #352] based upon the Subsequent Judgment and the Initial Judgment [D.E. #336 and #344] and the Clerk ofthis Court issued a Writ of Garnishment (the "Subsequent Bank of America Writ") [D.E. #353] that was served on the Garnishee, Bank of America, on April 7, 2010.
5

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 6 of 25
WHEREAS, on April12, 2010, Garnishee, Bank of America filed an Answer and Demand for Attorney's Fees to the Subsequent Writ served April 7, 2010 (the "Subsequent Banlc of America Answer") [D.E. #358] stating that the Garnished Funds were already being held by the Bank pursuant to the Initial Writ served March 1, 2010 [D.E. #348].
WHEREAS, on April12, 2010, and pursuant to Fla. Stat. §77.055, the Judgment Creditors again served Notice of their Serving of the Subsequent Motion, Subsequent Writ, and Subsequent Answer (the "Subsequent Bank of America Notice") [D.E. #359] to the Judgment Debtor and its counsel, by mail, advising them that the Judgment Debtor "must move to dissolve the Writ of Garnishment within 20 days of April 12, 2010, if any allegation in the Motion for Writ of Garnishment is untrue."
WHEREAS, at no time subsequent to the service of both the Initial and Subsequent Bank of America Notices, has Judgment Debtor timely moved to dissolve either the Initial or Subsequent Bank of America Writs by the respective deadlines set forth in the Initial and Subsequent Bank of America Notices provided to the Judgment Debtor, as required by Fla. Stat. §77.055 [D.E. #343 and #359].
THE MOTION FOR FINAL JUDGMENT ON THE BANK OF AMERICA WRITS WHEREAS, on May 6, 210, Judgment Creditors moved [D.E. #371] for
Judgment Final Judgment of Garnishment on the Bank of America Writs (the "Motion for Final Judgment on Bank of America Writs").
WHEREAS, Judgment Debtor failed to timely file a response to the Motion for Final Judgment on Bank of America Writs.
WHEREAS, on May 26, 2010, this Court referred the Motion for Final Judgment on Bank of America Writs for ruling to Magistrate Judge William C. Turnoff [D.E. 394].
6

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 7 of 25
WHEREAS, on June 3, 2010, the Court set the Motion for Final Judgment on Banlc of America Writs to be heard before Judge Turnoff on July 6, 2010 [D.E. #400] (the "Hearing on Motion for Final Judgment on Bank of America Writs").
THE TD BANK WRIT OF GARNISHMENT WHEREAS, on May 24, 2010, the Judgment Creditors filed an Ex Parte Motion for Entry of Writ of Garnishment, under Seal (the "TD Bank Motion"), pursuant to Fla. Stat. §77.03 [D.E. #387 as a sealed document], and the Clerk ofthis Court issued a Writ of Garnishment (the "TD Banlc Writ") [D.E. #387 as a sealed document] that was served on the Garnishee, TD Banlc ("TD Banlc"), on May 26, 2010 [D.E. 403-1, pg. 6-9]. WHEREAS. on June 1 2010, TD Banlc filed its Answer and Demand for Attorneys' Fees to the TD Bank Writ, which was served upon it on May 26, 2010 (the "Initial TD Banlc Answer") [D.E. #403-1] stating that it held only $1,058.14 (the "Initial TD Bank Garnished Funds") in an account (ending #5995). WHEREAS, on June 7, 2010, the Judgment Creditors, pursuant to Fla. Stat. §77.055, timely served and filed the Notice of Serving the TD Bank Motion, the TD Bank Writ, and the Initial TD Banlc Answer (the "Initial TD Bank Notice") (D.E. #403) to Judgment Debtor and its counsel, by mail, advising them that the Judgment Debtor "must move to dissolve the Writ of Garnishment within 20 days of June 7, 2010, if any allegation in the Motion for Writ of Garnishment is untrue." WHEREAS, on June 7, 2010, TD Bank filed its Amended Answer and Demand for Attorneys' Fees to the TD Bank Writ, which was served upon it on May 26, 2010 (the "Amended TD Banlc Answer") [D.E. #403-1] stating that it now held $12,831.39, rather then the previously stated amount if $1,058.14 (the "Amended TD Bank Garnished Funds") in an account (ending #5995).
7

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 8 of 25
WHEREAS, on June 8, 2010, the Judgment Creditors, pursuant to Fla. Stat. §77.055, timely served and filed the Notice of Serving the TD Bank Motion, the TD Bank Writ, and the Amended TD Banlc Answer (the "Subsequent TD Bank Notice") (D.E. #405) to Judgment Debtor and its counsel, by mail, advising them that the Judgment Debtor "must move to dissolve the Writ of Garnishment within 20 days of June 8, 2010, if any allegation in the Motion for Writ of Garnishment is untrue."
THE DISSOLUTION MOTION WHEREAS, on June 4, 2010, Federated first filed a Motion to Dissolve Writs of Garnishment [D.E. #386-393], or Alternatively To Stay with Incorporated Memorandum of Law and Request for Expedited Hearing (the "Dissolution Motion ")[D.E. #402].
THE MOTION TO STRIKE THE DISSOLUTION MOTION WHEREAS, to the extent the Dissolution Motion sought to untimely dissolve the Bank of America Writs, or belatedly attempted to otherwise respond to the Motion for Final Judgment on the Bank of America Writs, Judgment Creditors on June 13, 2010 moved to have that portion of the Dissolution Motion directed toward the Banlc of America Writs stricken as an untimely and unauthorized nullity, under (1) Fla. Stat. §77.07(2), and (2) Local Rule 7.l(C) (the "Motion to Strike"). [D.E. #409].
THE MOTION FOR FINAL JUDGMENT ON THE TD BANK WRIT WHEREAS, further contained within the Motion to Strike, Judgment Creditors (a) responded to the Dissolution Motion to the extent it was applicable to the TD Bank Writ, and (b) also moved for Final Judgment of Garnishment on the TD Banlc Writ (the "Motion for Final Judgment on TD Bank Writ") [D.E. # 409].
8

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 9 of 25
WHEREAS, on June 18, 2010, this Court referred the Dissolution Motion [D.E. #402]., the Motion to Strike and the Motion for Final Judgment on TD Bank Writ [D.E. # 409] for ruling to Magistrate Judge William C. Turnoff [D.E. #442].
THE MOTION FOR THE APPOINTMENT OF RECEIVER WHEREAS, on June 14, 2010, Judgment Creditors filed their Second Amended Ex Parte Motion For Post Judgment Appointment of Receiver over Judgment Debtor, and Incorporated Memorandum of Law, pursuant to Fed. R. Civ. P. 66 and Fla. Stat. §56.10 (D.E. #436) (the "Receivership Motion"). WHEREAS, on June 18, 2010, this Court referred the Receivership Motion [D.E. #436] for ruling to Magistrate Judge William C. Turnoff [D.E. #442].
THE MOTION TO COMPEL DISCOVERY WHERAS, on June 14, 2010, Judgment Creditors filed a Motion Pursuant to Fed.R.Civ.P. 37 and 69, to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President Steven Miller and Chief Financial Officer, Anthony Coleman, at Depositions in Aid of Execution, and Incorporated Memorandum of Law in Support ofthe Same (D.E. #423) (the "Motion to Compel") WHEREAS, on June 18, 2010, this Court referred the Receivership Motion [D.E. #423] for ruling to Magistrate Judge William C. Turnoff [D.E. #442].
THE MOTION FOR PROTECTIVE ORDER WHEREAS, on June 22, 2010, Judgment Creditors filed a Motion for Protective Order. Pursuant to Fed.R.Civ.P. 26(B)(1) & (C)(1) from Post Judgment Discovery by Judgment Debtor against Them, and Incorporated Memorandum of Law (D.E. #446) (the "Motion for Protective Order").
9

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 10 of 25
WHEREAS, on June 23, 2010, this Court referred the Motion for Protective Order for ruling to Magistrate Judge William C. Turnoff [D.E. #448].
THESETTLEMENTAGREEMENT WHEREAS, each party to this Settlement Agreement, including Judgment Creditors, Judgment Debtor, Judgment Debtor's Principals, and Judgment Debtor's Affiliates each represent and warrant that (1) they have the capacity, authority and ability to enter into this Settlement Agreement, (2) have been represented by counsel, who has explained the terms of this Settlement Agreement to them, and that they understand the terms of the Settlement Agreement that they are executing, and (3) that each of the executing parties and their counsel had an equal part in the negotiating and drafting of the terms of this Settlement Agreement, and that no party to this Settlement Agreement shall have any terms construed against them on the basis that they or their counsel drafted this Settlement Agreement. WHEREAS, each party to this Settlement Agreement, including Judgment Creditors, Judgment Debtor, Judgment Debtor's Principals, and Judgment Debtor's Affiliates, stipulate and agree that (a) this Settlement Agreement may be executed in counterparts, (b) the use of a facsimile copy of a party's executed signature to this Settlement Agreement is as valid as the execution and use of the original of the same, (c) time is of the essence with respect to the approval, performance and enforcement of this Settlement Agreement, and (d) this Settlement Agreement shall be enforced and interpreted in accordance with the laws of the State of Florida.
10

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 11 of 25
WHEREAS, the Settling Parties have agreed to a settlement of this dispute that will result in and require Judgment Debtor to:
(a) immediately pay to the Judgment Creditors, upon execution of this settlement agreement, without waiting for approval of this settlement, $3,387.56 in collection costs incurred by the Judgment Creditors in connection with enforcement and collection upon the Consent Decree and Judgments (the "Collection Costs"), which Collection Costs shall be payable by wire transfer to Judgment Creditors counsel's Trust Account, as per the wiring instructions to be provided to Judgment Debtor, through its counsel,
(b) consent to the entry of an Order (in the form set forth in the attached proposed Agreed Order Approving the Settlement Agreement) authorizing and commanding the Garnishees, Bank of America and TD Bank, to immediately release to Judgment Creditors those garnished funds and monies presently being held and frozen by Garnishees, Bank of America, in the amount of $3,227.90 (the "Bank of America Garnished Funds"), and TD Bank, in the amount of $12,831.39 (the "TD Bank Garnished Funds"), at accounts Judgment Debtor maintains at those banks, pursuant to writs of garnishment served upon them in this matter, and described herein, less those amounts that the Garnishees are statutorily entitled to under Fla. Stat. Chapter 77, to retain as attorneys fees incurred in connection with the garnishments served upon them herein, and that have not already been retained by the deposits made by Judgment Creditors with the Court at the time of the issuance of the respective Writs of Garnishment (the "Net Garnished Funds"), which Net Garnished Funds shall be payable by wire transfer to Judgment
11

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 12 of 25
Creditors counsel's Trust Account, as per the wiring instructions to be provided to Garnishees, through each of their respective counsel,
(c) pay the Unpaid Balance of $111,525.00, less the Net Garnished Funds received by Judgment Creditors (the "Net Unpaid Balance"), to Judgment Creditors in eighteen (18) equal monthly payments, with the first payment to begin 30 days from the execution of this Settlement Agreement, without waiting for the approval of this Settlement Agreement by this Court, with each such monthly payment payable by wire transfer to Judgment Creditors counsel's Trust Account, as per the wiring instructions to be provided to Judgment Debtor, through its counsel.
WHEREAS, until the complete payment of all of the Collection Costs, the Net Garnished Funds, and the Net Unpaid Balance (the "Complete Settlement Amount") to Judgment Creditors, the Judgments entered in this matter, along with any and all judgment liens on real and personal property of Judgment Debtor, and writs of execution in connection with the Judgments, shall remain fully intact, valid and enforceable, and nothing contained herein shall be interpreted to affect, or otherwise impair, the validity, priority and extent of said Judgments, liens and Writs.
WHERAS, this Court shall retain jurisdiction to enforce (a) upon all parties to this Settlement Agreement each and every obligation set forth herein, and (b) the Judgments against Judgment Debtor, its Principals and Affiliates, in the event Judgment Debtor defaults upon or otherwise fails to meet its obligations under this Settlement Agreement, including the issuance of any Proceedings Supplementary, and discovery in aid of execution, upon Judgment Debtor, its Principals and
12

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 13 of 25
Affiliates, and anyone shown to have come into possession of the assets of the Judgment Debtor, from the time Judgment Debtor's first defaulted under the Consent Decree, until such time as the full Judgment Amounts, including any accruing interest, costs and legal fees, are paid in full, or have been otherwise satisfied under the terms of this Settlement Agreement.
WHEREAS, in order to enforce Judgment Debtor's obligations to make complete payment of the Complete Settlement Amount to Judgment Creditors, the Settling Parties have agreed that if Judgment Debtor shall fail to make any timely payment (including, but not limited to, the monthly payments due under this Settlement Agreement), then after Judgment Creditors first provide to Judgment Debtor's counsel (and only Judgment Debtor's counsel) written notice (that may be made by either email, facsimile or U.S. mail) of said default on the part of the Judgment Debtor that it has failed to timely make any of the required payments due under this Settlement Agreement, then Judgment Debtor shall have five (5) (nonbusiness) days to cure said default, and if Judgment Debtor fails to timely cure said default within those five days by delivering payment of good and cleared funds of that missing payment amount to Judgment Debtor's counsel, then Judgment Creditors, upon their counsel's submission of an ex parte affidavit of non-payment (the "Affidavit of Non Payment"), will thereafter be entitled to the immediate ex parte entry of an Order from this Court appointing a Receiver over Judgment Debtor, its assets, and affairs (the "Receivership Order"), which form of proposed Receivership Order shall be submitted by Judgment Creditors to the Court, along with the Affidavit of Non Payment.
13

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 14 of 25
WHEREAS, Judgment Debtor, along with each and every one of Judgment Debtor's Principals, and Judgment Debtor's Affiliates, and any and all other legal entities of which they each, either individually or collectively, own, manage or control (whether or not specifically identified herein) hereby stipulate, agree and consent to the waiver and tolling of any statute of limitation or laches defense that may be asserted in this, or any other court (whether said court is Federal, State, bankruptcy, domestic or foreign) with respect to any cause of action to recover any fraudulent or preferential payments or transfers (as those terms are defined under applicable state, Federal or foreign law), made by, for or on behalf of Judgment Debtor, whether directly or indirectly, to any of its Principals, the Principal's family members, Judgment Debtor's Affiliates, or any and all other legal entities of which they each, either individually or collectively, own, manage or control (whether or not specifically identified herein), that is brought by either (a) Judgment Creditors, (b) their assignees, successors, or heirs, or (c) any trustee, creditors committee, receiver, assignee for the benefit of creditors, or similar estate fiduciary, that may be appointed in this proceeding, or in any insolvency, receivership, bankruptcy, or assignment for the benefit of creditors proceedings, under state, Federal or foreign law. This provision will expire ninety one (91) days after the recordation of the Satisfaction of Judgment that will be delivered to Judgment Debtor by Judgment Creditors, pursuant to the following paragraph below, following the good and clear receipt by Judgment Creditors of the Complete Settlement Amount.
WHEREAS, by executing this Settlement Agreement, the Judgment Debtor's Principals and Judgment Debtor's Affiliates do not intend, nor is this Settlement Agreement and Order, intended to (a) make them liable, either individually or
14

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 15 of 25
collectively, for Judgment Debtor's debt to the Judgment Creditors under either the Judgment or this Settlement Agreement, or (b) constitute an admission that any of them have actually received any fraudulent or preferential payments from the Judgment Debtor.
WHEREAS, in exchange for the foregoing, within five (5) days after the good and clear receipt of the Complete Settlement Amount to Judgment Creditors, the Judgment Creditors shall deliver to Judgment Debtor, through its counsel, Satisfactions in full of (a) the Judgments entered in this matter, (b) the Judgment Lien Certificates, and (c) the Writ of Execution, establishing judgment liens on Judgment Debtor's real and personal property, that were filed and docketed in connection with those Judgments.
WHEREAS, effective ninety one (91) days after the recordation of the Satisfaction of Judgment that will be delivered to Judgment Debtor by Judgment Creditors, pursuant to the preceding paragraph above, following the good and clear receipt by Judgment Creditors of the Complete Settlement Amount, this Settlement Agreement will serve as a release of any and all claims that Judgment Creditors and Judgment Debtor have against each other.
WHEREAS, upon receipt of said Satisfactions, Judgment Debtor will have the sole responsibility, and the Judgment Creditors shall have no responsibility, to file said Satisfactions with this Court, the United States Marshalls Office, the public records of Broward County, Florida, the Secretary of State of the State of Florida, or in any other public record that Judgment Debtor feels is necessary to protect its interest.
15

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 16 of 25
WHEREAS, as a result of the Settlement Agreement reached herein, and upon the execution by this Court of an Agreed Order Approving this Settlement Agreement, said Agreed Order Approving Settlement shall contain the following . terms:
(a) that the Court's referrals for ruling to Magistrate Judge William C. Turnoff [D.E. #394, 442 & 448] of the (i) Motion for Final Judgment on the Bank of America Writs, (ii) Motion for Final Judgment on the TD Bank Writ, (iii) the Dissolution Motion, (iv) the Motion to Strike the Dissolution Motion, (v) the Receivership Motion, (vi) the Motion to Compel, and (vii) the Motion for Protective Order, shall each be rescinded and withdrawn,
(b) that the July 6, 2010 Hearing on Motion for Final Judgment on Bank of America Writs [D.E. #400] shall be cancelled,
(c) that the Judgment Creditors' Motions (i) to Strike the Dissolution Motion, (ii) for Final Judgment on the Bank of America Writs and (iii) for Final Judgment on the TD Bank Writ [D.E. #371, 402, & 409] shall each be granted,
(d) that the Judgment Debtor's Dissolution Motion [D.E. #402] shall be denied,
(e) that the Garnishees, Bank of America, and TD Bank, shall each be authorized, directed and commanded to immediately release and pay forthwith to the Judgment Creditors, those garnished funds and monies presently being held and frozen by Garnishees, Bank of America, and TD Bank, in the respective amounts of $3,227.90 (the "Bank of America Garnished Funds"), pursuant to the Bank of America Writs, and $12,831.39 (the "TD Bank Garnished Funds"), pursuant to the
16

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 17 of 25
TD Bank Writ, by wire transfer to Judgment Creditors counsel's Trust Account, as per the wiring instructions to be provided to Garnishees, through its counsel,
(t) that the Clerk of the Court be directed to pay to each of the Garnishees the respective deposits made by Judgment Creditors with the Court at the time of the issuance of the Bank of America Writs, and TD Bank Writ, to which they are statutorily entitled under Fla. Stat. Chapter 77, to retain as attorneys fees incurred in connection with the garnishments served upon them ("Statutory Garnishees Attorneys Fees"),
(g) that to the extent such deposit for Statutory Garnishees Attorneys Fees has not been made, that Garnishees, Bank of America and TD Bank, are each hereby authorized to first deduct the amount of their respective Statutory Garnishees Attorneys Fees from the payment of the their respective Garnished Funds to Judgment Creditors,
(h) upon the receipt of the confirmation of payment by Judgment Creditors from each of the Garnishees of their respective Garnished Funds (less any retained Statutory Garnishees Attorneys Fees that have been authorized, and that have not been otherwise deposited by Judgment Creditors with the Clerk of the Court) the respective Bank of America and TD Bank Writs of Garnishment shall be immediately released and dissolved, and each of the bank accounts subject to those Writs shall be unfrozen and Judgment Debtor shall be enabled to further freely utilize those accounts,
(i) that the Judgment Creditors' Motion to Compel [D.E. # 423] is hereby withdrawn without prejudice to Judgment Creditors' refilling and renewing said Motion to Compel, and again further seeking the same discovery sought in said
17

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 18 of 25
motion, in the event that Judgment Debtor defaults upon any of its obligations to Judgment Creditors under the Settlement Agreement,
(j) that Judgment Creditors shall not pursue further discovery against Judgment Debtor unless and until Judgment Debtor defaults upon any of its obligations to Judgment Creditors under the Settlement Agreement, and Judgment Debtor has not timely cured said default in the time and manner as is set forth in this Settlement Agreement,
(k) that the Judgment Creditors' Motion for Protective Order [D.E. #446] shall be granted, and that Judgment Debtor shall not be entitled to take post judgment discovery of Judgment Creditors,
(l) that Judgment Creditors and Judgment Debtor shall each bear their own attorneys fees, and no attorneys' fees will be awarded to either Judgment Creditors or Judgment Debtors, in connection with the withdrawal of the Motion to Compel, or the granting of the Motion for Protective Order, and,
(m) that the Judgment Creditors' Receivership Motion [D.E. #436] be neither granted, denied nor withdrawn, but shall be stayed and held in abeyance, and deferred ruling pending Judgment Debtor's completion of its payment obligations under this Settlement Agreement, and if said obligations are not timely met then said Receivership Motion shall be granted, after Judgment Creditors have provided Judgment Debtor, through counsel, the notice of default, and filed the Affidavit of Non payment, and proposed Receivership Order, as is set forth in this Settlement Agreement.
WHEREFORE, Judgment Creditors, Sarah Hoffman, now known as Sarah Hodgson, Taren Busick, now known as Taren Pavese, Lynda Fleek and Brandy Wilcox,
18

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 19 of 25

now known as Brandy Stallings ("Judgment Creditors"), and Judgment Debtor, Federated

Financial Services, Inc. ("Judgment Debtor") (Judgment Creditors and Judgment Debtor

shall collectively be referred to as the Settling Parties"), along with its principals, (1)

Steven Miller ("Miller"), on behalf of himself, and as President of Judgment Debtor, (2)

Marge Eisenberg ("Eisenberg"), and (3) Anthony G. Coleman, Jr. ("Coleman") (Miller,

Eisenberg and Coleman shall collectively be referred to herein as the "Judgment Debtor's

Principals"), along with the following legal entities of which they each, either

individually or collectively, own, manage or control: (a) Equipment Leasing Services,

Inc. ("ELS"), (b) CME Advertising, Inc. ("CMEA"), (c) IT Management, Inc. ("ITM")

(d) Federated Financial Services Credit Counseling Corp. ("FFSCCC"), (e) Equipment

Management & Leasing, Inc. ("EML"), (f) IT Management Services, Inc. ("ITMS"), (g)

Federated Financial Counseling Services, Inc. ("FFCS"), (h) Federated Financial, Inc.

("FF"), (i) Federated Financial Debt Management Group, Inc. ("FFDMG"), and G) IT

Management, Inc. ("ITM") and any and all other affiliated legal entities (whether

identified or unidentified herein) that are affiliated with each of them, whether singularly

or collectively, through either ownership, management or control (collectively the

"Judgment Debtor's Affiliates") request that this Court do hereby enter an Order by this

Court approving the Settlement Agreement, set forth herein, in the form annexed as

Exhibit A hereto, and for such further relief as this Court deems just and proper.

Submitted by:

ORAYROBINSON, P.A. Attorneys for Judgment Creditors, Sarah Hoffman, Taren Busick, Lynda Fleek and Brandy Wilcox 401 E. Las Olas Blvd., Suite 1850 Ft. Lauderdale, FL 33301 Phone: 954-761-7508

Whitelock & Associates, P.A. Attorneys for Judgment Debtor, its principals and affiliates The Whitelock Law Building 300 S.E. Thirteenth Street, SuiteD Ft. Lauderdale, FL 33316 Phone:954-463-2001

19

05C/3a0s/e2001:001-1c5v:-4077089'-3J5A4'3L414D32o1cument 449 Entere.dJoto~AnTHFArL~STDHODtv1oASckDeEt\/06/30/2010 PagPeAG2E0 o0f125

Facsimile: 954-761-8112 Email: Ivan.Reich@Grav-RObinson.com
By: /s/Jvan .T. Reich Ivan 1. Reich, Esq. F1o.rida Bar No.: 778011

I
I
Facsimile: 954-461-0410 Email: cjw@whitel< ::klegal.com
'I
II
::rI
By: Is/ Christopl J. Whitelock
Christopher .T. Whit1 :lock, Esq. Florida Bar No.: 06' 1539

:1
il

By:

I as Sarah Hodgson, Jodgment Credito

II

B

y

:______ Taren Busick, now

_ kno_wn_as_Ta_ ren_Pa_ ves_ e~

___ Judgment

Creditor

I~

Brandy

Wilcox,

now

known

as

Brandy

Stallings,

Judgment

Credit

IT
I

i,

By:
Steven Miller, as President, and on. behalf of Judgment D ltbtor, Federated

. Financial Se.rvices, lnc.

By: _____________________________________
Steven Miller, individually, and on behalf of each of Judgment I iebtor, Federated Financial Services, Inc.'s Affiliates (as defined herein above) :1

By: ___________________________________

Marge Eisenberg, individually, and on behalf of each of J1 ·dgment Debtor,

Federated Financial Services, Inc.'s Affiliates (as defined herein. ·bove)

I

By: ___________________________________

I '

I

Anthony G. Col~ Jr., individually, and on behalf of each of Jltdgment Debtor,

Federated Financial Services, Inc.'s Affiliates (as defined herein: 'bove)

~

II

:I

:1
II

20

I

JUN-30-2010 17=11

9549414321

98%

P.01

2010-0C6-2a9s20e:030:01-cv-0AP7C0on8s9tru-cJtiAonLLLC Do84c5u-8m34e-2n43t5 4>>49 954E7n61t8e11r2ed on FLSD Docket 06/30/2010

p 2/2
Page 21 of 25

Facsimile: 954-761-81 12 Email: 1\ ;111. R.;it:I\!!.L~ji_;I'• -IH).\li_IIStllll.'l 1111
By: /s/ Ivan J. Reich Ivan J. Reich, Esq. Florida Bar No.: 778011

Facsimile: 954-463-0410 Email: ...:j \~:!.!..l'J!i.!.s.u.!f~.k:.~;.l_l.,:, 1111
By: /s/ Christopher .I. Whitelock Christopher J. Whitelock, Esq. Florida Bar No.: 067539

thief}Jb Executed

of June, 2010

By=----------------~.-----------------

By:--------------Lynda Fleek, Judgment Creditor
By: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Brandy Wilcox, now known as Brandy Stallings, Judgment Creditor

B

y:-------Steven Miller, as President,

-and

on

---behalf of Judgment

Debtor,

Federated

Financial Services, Inc.

By: _________________________-------
Steven Miller, individually, and on behalf of each of Judgment Debtor, Federated Financial Services, Inc.'s Affiliates (as defined herein above)

By: ___________________________________
Marge Eisenberg, individually, and on behalf of each of Judgment Debtor, Federated Financial Services, Inc.'s Affiliates (as defined herein above)

By: _________________________________ Anthony G. Coleman, Jr., individually, and on behalf of each of Judgment Debtor, Federated Financial Services, Inc.'s Affiliates (as defined herein above)

20

JUr·l-29-2010 20: 03

95%

P.02

Case 0:01-cv-07089-JAL

Document 449

Entered on FLSD Docket 06/30/2010 Page 22 of 25

> ----·-·· _,____ .,, ___ ....... ··-- ·-··-·· ....... ···-

.. - - - · - ••

-·--

-· ••••••

···-· -·--·-·· --·--···-------·-·-···------

Facsimile: 954-761-8112 Email: Ivan.Reich@Gray-RObinson.com
By: /s/ Ivan J. Reich
Ivan J. Reich, Esq. Florida Bar No.: 778011

Facsimile: 954-463-0410 Email: piw@whitelockleg_al.co!·a
By: /s/ Christopher J. Whit(;9ck
Christopher J. Whitelock, Esq. Florida Bar No.: 67539

Executed this _ day of June, 201 0
By: _______________________________________
Sarah Hof.-fman, now known as Sarah Hod.gson, Judgment Creditor
By:-T-a-re-n-B-u-s-ic-k,-n-o-w-k-n-.o-w-n-a-s -T-ar-en--Pa-v-e-se-, -Ju-d-gr-r.-te-nt Creditor

By: ___St_e_ve_n__M_il_le_r,_~as--P-re-si-de-n-t,--an-d-o-n--be-h-a-lf-o-f-Judgment Debtor, Fe((:rateci. Financial Services, Inc.

B

y

=-----
Steven

-----
MiUer,

-in-d-iv-id-u-a-ll-y,-

-·---
and on

-be-h-a-lf-o-f-e-ac-h-o-f

Judgment

Debtor,

Fe(E:rated

Financial Services, Inc.'s Affiliates (as defined herein above)

By:--MF-ea-dre-gre-at-eEd-isF-ein-nba-en-rcg-i,a-liS-ned-rivv-ii-cdeu~sa,-llIy-n,-c.-a'sn-dA-f-foinl-ia-tbe-esh-(aa-lsf-do-effineeadchheorefinJuadbgomvee)nt J>.ebtor,
By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
FAendtheroantyedGF.iCnaonlecmialanS,eJrrv.i,cjensd,ivIni.cd.u'salAlyf,failniadteosn(basehdaelffinoefdeahcehr.eoinf Jaubdogvme)ent 1>ebtor,

JUt~-29-2010 17: 19

20
99Y.

P.01

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 23 of 25

WHITEL-OCK At'ID ASSOC
s

PAG£ l!ll/01

By:
bcllalf of Judgment Debtor. Fed~ed
~o, l<x!iYid~...,., no~, BY: - F """"~ ""' Gf.inCBo.nl"c"is'.l.S.t:l\ce$, Ine. S .~i!aO.ltd."es"(baes!-IdAelffionefd..h.ehreoinf:~r.dg)at...
_,..

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 24 of 25

;;U-il··11N:·'~il 'Lt
I.I~'~/!}~!!Ii.l/h.i;tjJ:);:!,tt:B!;).hJ! !.'.~:nl !'!.·i;;i:!EW!
~~.\.' J~~.r~·~.~-::~~-- "~· ~-·· ,_ '"<¥"'~'"''""~
~~{~~2.,:l!::~.. r~Yr~it. 'Fin-~!i·.:~1:i H:r:r r-:.,.:.;~ : ';l!'.t~i)[j ;J

;,~.~· .....". ,:·:x. J'lxri:.1.i•.~::.hs:J•. ;l.,c..''.J.ihf!,.~·h.~·i:h
~~·:!r,;p~.6~r,!·t:.l;lt ;r. '!h!if.a~~~t·~r.~:l;., :r:.~a~,,

l

H~'z~· l',\!. : {•T~.;A•:l'

VI:.·; ........,.........,........,.....,..............,................................................-..............,..... ,,.............,.......... .,h.~jl f:i i! !~;r:,Xi •C;tr.;lujir;.r
!'':!,,..,
'! ~-: .

Case 0:01-cv-07089-JAL Document 449 Entered on FLSD Docket 06/30/2010 Page 25 of 25
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy hereof will be furnished this 30th day of June, 2010 to all parties entitled to service of this Joint Agreed Motion via service through CM/ECF.
GRAYROBINSON, P.A. Attorneys for Judgment Creditors, Sarah Hoffman, Taren Busick, Lynda Fleek and Brandy Wilcox 401 E. Las Olas Blvd., Suite 1850 Ft. Lauderdale, FL 33301 Tel: 954-761-8111/ Fax: 954-761-8112 By: Is/Ivan J. Reich
Ivan J. Reich, Esq. Florida Bar No.: 778011
21

 
 Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 1 of 35
U.S. District Court Southern District of Florida (Ft Lauderdale) CIVIL DOCKET FOR CASE #: 0:01−cv−07089−JAL

BLG,CLOSED

Forry, et al v. Federated Financial, et al Assigned to: Judge Joan A. Lenard Referred to: Magistrate Judge Barry L. Garber Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Beth Forry
Plaintiff Equal Employment Opportunity Commission

Date Filed: 06/27/2001 Date Terminated: 08/05/2004 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by John Francis Phillips 2109 SE 19th Street 201 SE 14th Street Fort Lauderdale, FL 33316 954−765−1350 Fax: 765−1975 Email: JohnPhilPA@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Aarrin Benatra Golson U.S. Equal Employment Opportunity Commission Miami District Office Miami Tower 100 SE 2nd Street Suite 1500 Miami, FL 33131 305−808−1783 Fax: 305−808−1835 Email: Aarrin.Golson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cheryl A. Cooper Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131−2483 305−808−1786 Fax: 808−1835 Email: Cheryl.cooper@eeoc.gov TERMINATED: 02/14/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth Lawrence Gillespie Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131−2483 305−530−6006 Fax: 536−4494 TERMINATED: 05/19/2010 LEAD ATTORNEY

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 2 of 35
ATTORNEY TO BE NOTICED
Maria Kate Boehringer Boehringer Law Office PA 1515 N Federal Highway Suite 300 Boca Raton, FL 33432 561−392−2120 Fax: 392−2250 Email: maria.boehringer@eeoc.gov TERMINATED: 05/13/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Farrell Jill S. Schwartz & Associates, P.A. 180 North Park Avenue Suite 200 Winter Park, FL 32789 407−647−8911 Fax: 407−628−4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nora E. Curtin Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131−2483 305−808−1789 Email: nora.curtin@eeoc.gov TERMINATED: 05/13/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher John Whitelock Whitelock & Associates 300 SE 13th Street Fort Lauderdale, FL 33316−1154 954−463−2001 Fax: 463−0410 Email: cjw@whitelocklegal.com ATTORNEY TO BE NOTICED
Michael J. O'Brien Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131−2483 Email: michael.obrien@eeoc.gov ATTORNEY TO BE NOTICED

V.
Defendant
Federated Financial Services, Inc. TERMINATED: 07/28/2004

represented by Charles Thomas Whitelock Whitelock & Associates 300 SE 13th Street Fort Lauderdale, FL 33316−1154

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 3 of 35

954−463−2001 Fax: 463−0410 TERMINATED: 07/28/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christopher John Whitelock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason Lucas Gunter 1514 Broadway Suite 101 Fort Myers, FL 33901 239−334−7017 Fax: 239−236−8008 Email: jason@gunterfirm.com TERMINATED: 07/09/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stuart A. Rosenfeldt Rosenfeldt & Birken, P.A. 100 SE 3rd Ave Suite 1300 Fort Lauderdale, FL 33394 954−990−4343 Fax: 954−990−4469 Email: srosenfeldt@randb−law.com TERMINATED: 07/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED DISBARRED 08/25/2014

Susan Leslie Dolin Susan L Dolin PA 9000 Sheridan Street Suite 93 Pembroke Pines, FL 33024 954−862−2284 Fax: 954−862−2287 Email: sdolin@dolinlawgroup.com TERMINATED: 07/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd William Shulby 1792 Bell Tower Lane, Ste. 219 Weston, FL 33326 954−530−2236 Fax: 954−530−6628 Email: tshulby@shulbylaw.com TERMINATED: 07/28/2004 LEAD ATTORNEY

Defendant
Federated Financial Services, Inc. Rice Pugatch Robinson & Schiller, P.A. c/o Lisa M. Schiller 101 N.E. 3rd Ave., Ste 1800 Ft. Lauderdale, FL 33301 (954) 462−8000

represented by Christopher John Whitelock (See above for address) ATTORNEY TO BE NOTICED
Lisa Monica Schiller McGlinchey Stafford 1 E. Broward Boulevard

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 4 of 35
Suite 1400 Fort Lauderdale, FL 33301 954−356−2501 Fax: 954−337−3229 Email: lschiller@mcglinchey.com TERMINATED: 06/18/2010 ATTORNEY TO BE NOTICED

V. Garnishee Bank of America, N.A.
Garnishee TD Bank N.A. Garnishee Citibank N.A.
Intervenor Plaintiff Taren Busick

represented by Barry Jay Glickman Zeichner Ellman & Krause LLP 575 Lexington Avenue New York, NY 10022 212−223−0400 Email: bglickman@zeklaw.com ATTORNEY TO BE NOTICED
James Timothy Haley Haley and Jhones, P.A. 1500 San Remo Avenue Suite 222 Coral Gables, FL 33146 305−661−4637 Fax: 305−661−4640 Email: jthaley@hsaaLegal.com ATTORNEY TO BE NOTICED
Tony Andre Andre Law Firm P.A. 18851 N.E. 29th Ave Suite 724 Aventura, FL 33180 7867080813 Fax: 7865138408 Email: tandre04@gmail.com ATTORNEY TO BE NOTICED
represented by Barry Jay Glickman (See above for address) ATTORNEY TO BE NOTICED
represented by Louis Mario Ursini , III Adams and Reese LLP 1515 Ringling Boulevard Suite 700 Sarasota, FL 34236−6017 941−316−7600 Fax: 941−316−7914 Email: louis.ursini@arlaw.com ATTORNEY TO BE NOTICED
represented by Andrew Scott Henschel Henschel & Henschel 801 NE 167th Street 2nd Floor North Miami Beach, FL 33162 305−999−9398

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 5 of 35

Fax: 999−0181 TERMINATED: 09/10/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ivan Jac Reich Jones Walker LLP 201 S. Biscaynve Blvd. Suite 2600 Miami, FL 33131 305−679−5723 Fax: 305−679−5710 Email: ireich@joneswalker.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Linda Fleek

represented by Andrew Scott Henschel (See above for address) TERMINATED: 09/10/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ivan Jac Reich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Sarah Hoffman

represented by Andrew Scott Henschel (See above for address) TERMINATED: 09/10/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ivan Jac Reich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Brandy Wilcox

represented by Andrew Scott Henschel (See above for address) TERMINATED: 09/10/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ivan Jac Reich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Defendant Federated Financial Services, Inc.

represented by Jason Lucas Gunter (See above for address) TERMINATED: 07/09/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher John Whitelock

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 6 of 35
(See above for address) ATTORNEY TO BE NOTICED

Date Filed 06/27/2001 06/27/2001 07/05/2001 07/23/2001 07/25/2001
07/25/2001
08/16/2001 08/16/2001 08/16/2001 08/16/2001 08/16/2001 08/29/2001 08/29/2001
09/10/2001 09/10/2001 09/10/2001 09/10/2001 09/10/2001 09/24/2001 09/24/2001

# Docket Text
1 COMPLAINT filed; FILING FEE $150.00 RECEIPT # 522712 ; A−7; Magistrate Judge Lurana S. Snow (Former Deputy Clerk) (Entered: 06/28/2001)
2 SUMMONS(ES) issued for Federated Financial Services, Inc. by serving Anthony Coleman, resident agent (Former Deputy Clerk) (Entered: 06/28/2001)
3 RETURN OF SERVICE executed for Federated Financial on 7/2/01 Answer due on 7/23/01 for Federated Financial (ss, Deputy Clerk) (Entered: 07/06/2001)
4 Answer and affirmative defenses by Federated Financial (Attorney Jason Lucas Gunter), (dp, Deputy Clerk) (Entered: 07/24/2001)
5 ORDER SETTING STATUS CONFERENCE Status conference set for 4:15 10/1/01 before Judge Wilkie D. Ferguson Jr. ( Signed by Judge Wilkie D. Ferguson Jr. on 7/25/01) [EOD Date: 7/26/01] CCAP (dp, Deputy Clerk) (Entered: 07/26/2001)
6 PRETRIAL ORDER filed: directing parties to comply with Court procedures ( Signed by Judge Wilkie D. Ferguson Jr. on 7/25/01) [EOD Date: 7/26/01] (dp, Deputy Clerk) (Entered: 07/26/2001)
7 NOTICE of filing affidavit of Jason Gunter by Federated Financial (dp, Deputy Clerk) (Entered: 08/17/2001)
8 MOTION by Federated Financial for summary judgment (dp, Deputy Clerk) (Entered: 08/17/2001)
9 MEMORANDUM by Federated Financial in support of [8−1] motion for summary judgment (dp, Deputy Clerk) (Entered: 08/17/2001)
10 Statement of undisputed material facts by Federated Financial re: [8−1] motion for summary judgment (dp, Deputy Clerk) (Entered: 08/17/2001)
11 AFFIDAVIT of Jason Gunter by Federated Financial Re: [8−1] motion for summary judgment (dp, Deputy Clerk) (Entered: 08/17/2001)
12 MOTION by Beth Forry to extend time to respond to motion to dismiss (dp, Deputy Clerk) (Entered: 08/30/2001)
13 ORDER granting [12−1] motion to extend time to respond to motion to dismiss ( Signed by Judge Wilkie D. Ferguson Jr. on 8/29/01) [EOD Date: 8/30/01] (dp, Deputy Clerk) (Entered: 08/30/2001)
14 MOTION by Beth Forry for leave to file to file out of time response to motion for summary judgment (dp, Deputy Clerk) (Entered: 09/13/2001)
15 RESPONSE by Beth Forry to [8−1] motion for summary judgment (dp, Deputy Clerk) (Entered: 09/13/2001)
16 NOTICE of filng affidavit of John Phillips by Beth Forry (dp, Deputy Clerk) (Entered: 09/13/2001)
17 MEMORANDUM by Beth Forry in opposition to [8−1] motion for summary judgment (dp, Deputy Clerk) (Entered: 09/13/2001)
18 Statement of material undisputed facts by Beth Forry (dp, Deputy Clerk) (Entered: 09/13/2001)
19 NOTICE of filing (unilateral scheduling report, proposed order, status report and affidavit) by Federated Financial (ss, Deputy Clerk) (Entered: 09/25/2001)
20 MEMORANDUM by Federated Financial in opposition to [14−1] motion for leave to file to file out of time response to motion for summary judgment (ss, Deputy Clerk) (Entered: 09/25/2001)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 7 of 35

09/24/2001 09/24/2001 09/24/2001 09/24/2001 09/24/2001 09/24/2001 09/24/2001 09/24/2001 10/01/2001 10/01/2001 10/01/2001
10/01/2001
10/01/2001
12/03/2001 01/23/2002
01/23/2002 01/23/2002 01/23/2002
03/02/2002 12/12/2002 12/12/2002

20 MEMORANDUM IN REPLY by Federated Financial to opposition to [8−1] motion for summary judgment (ss, Deputy Clerk) (Entered: 09/25/2001)
21 UNILATERAL STATUS REPORT by Federated Financial (ss, Deputy Clerk) (Entered: 09/25/2001)
22 Scheduling Report of Scheduling Meeting by Federated Financial (ss, Deputy Clerk) (Entered: 09/25/2001)
23 AFFIDAVIT of Jason L. Gunter by Federated Financial in support of [22−1] Report scheduling, [21−1] report (ss, Deputy Clerk) (Entered: 09/25/2001)
24 NOTICE of filing (unilateral scheduling report, proposed order, status report and response) by Beth Forry (ss, Deputy Clerk) (Entered: 09/25/2001)
25 Scheduling Report of Scheduling Meeting by Beth Forry (ss, Deputy Clerk) (Entered: 09/25/2001)
26 UNILATERAL STATUS REPORT by Beth Forry (ss, Deputy Clerk) (Entered: 09/25/2001)
27 RESPONSE by Beth Forry to [23−1] affidavit (ss, Deputy Clerk) (Entered: 09/25/2001)
28 Minutes of status conference held before Judge Wilkie D. Ferguson Jr. on 10/1/01; Court Reporter Name or Tape #: Stephen Franklin (dp, Deputy Clerk) (Entered: 10/02/2001)
Status conference held before Judge Wilkie D. Ferguson Jr. (dp, Deputy Clerk) (Entered: 10/02/2001)
29 ORDER granting [14−1] motion for leave to file to file out of time response to motion for summary judgment ( Signed by Judge Wilkie D. Ferguson Jr. on 10/1/01) [EOD Date: 10/2/01] (dp, Deputy Clerk) (Entered: 10/02/2001)
30 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Wilkie D. Ferguson Jr. on 10/1/01) [EOD Date: 10/2/01] (dp, Deputy Clerk) (Entered: 10/02/2001)
31 SCHEDULING ORDER setting Deadline for filing of all motions by 4/22/02 Jury trial set for 6/17/02 Pretrial Stipulation due on or before 5/6/02 Calendar call set for 4:15 6/10/02 Discovery cutoff 4/1/02 ; Pretrial conference for 4:15 5/13/02 ; ( Signed by Judge Wilkie D. Ferguson Jr. on 10/1/01) [EOD Date: 10/2/01] CCAP (dp, Deputy Clerk) (Entered: 10/02/2001)
32 NOTICE of Pendency of Other Action. by Federated Financial (dp, Deputy Clerk) (Entered: 12/04/2001)
33 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Wilkie D. Ferguson Jr. on 1/23/02) [EOD Date: 1/24/02] (dp, Deputy Clerk) (Entered: 01/24/2002)
34 ORDER consolidating case 01−7542 and 01−7089 ( Signed by Judge Wilkie D. Ferguson Jr. on 1/23/02) [EOD Date: 1/24/02] (dp, Deputy Clerk) (Entered: 01/24/2002)
Consolidated Lead Case (dp, Deputy Clerk) (Entered: 01/24/2002)
34 CONSOLIDATION AND SCHEDULING ORDER setting Deadline for filing of all motions by 8/25/03 Jury trial set for 10/20/03 Pretrial Stipulation due on or before 9/8/03 Calendar call set for 4:15 10/14/03 Discovery cutoff 8/4/03 ; Pretrial conference for 4:15 9/15/03 ; ( Signed by Judge Wilkie D. Ferguson Jr. on 1/23/02) [EOD Date: 1/24/02] CCAP (dp, Deputy Clerk) (Entered: 01/24/2002)
35 ORDER denying [8−1] motion for summary judgment ( Signed by Judge Wilkie D. Ferguson Jr. on 3/2/02) [EOD Date: 3/4/02] (dp, Deputy Clerk) (Entered: 03/04/2002)
36 MOTION with memorandum in support by Beth Forry for leave to file supplemental pleading and amendment to complaint (dp, Deputy Clerk) (Entered: 12/13/2002)
37 SUPPLEMENT by Beth Forry to: [1−1] complaint (dp, Deputy Clerk) (Entered: 12/13/2002)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 8 of 35

12/26/2002 01/03/2003
01/03/2003
01/03/2003
01/03/2003 01/03/2003 01/03/2003 01/10/2003 01/10/2003 01/10/2003
01/21/2003 01/21/2003 01/21/2003
01/21/2003 01/27/2003
01/27/2003
01/31/2003 02/07/2003 03/20/2003 03/20/2003 03/27/2003

38 Notice of compliance: by Beth Forry with [36−1] motion for leave to file supplemental pleading and amendment to complaint (dp, Deputy Clerk) (Entered: 12/27/2002)
39 NOTICE of re−filing its memorandum of law in opposition to plaintiff Beth Forry's motion to file supplemental pleading and amendment to complaint by Federated Financial (ss, Deputy Clerk) (Entered: 01/06/2003)
40 MEMORANDUM by Federated Financial in opposition to [36−1] motion for leave to file supplemental pleading and amendment to complaint (ss, Deputy Clerk) (Entered: 01/06/2003)
41 NOTICE of re−filing its motion for summary judgment, statement of undisputed facts, and memorandum of law in support thereof by Federated Financial (ss, Deputy Clerk) (Entered: 01/06/2003)
42 MOTION by Federated Financial for summary judgment (ss, Deputy Clerk) (Entered: 01/06/2003)
43 MEMORANDUM by Federated Financial in support of [42−1] motion for summary judgment (ss, Deputy Clerk) (Entered: 01/06/2003)
44 Statement of undisputed material facts by Federated Financial re: [42−1] motion for summary judgment (ss, Deputy Clerk) (Entered: 01/06/2003)
45 MOTION by Federated Financial for summary judgment as to EEOC's Title VII claims (dp, Deputy Clerk) (Entered: 01/13/2003)
46 MEMORANDUM by Federated Financial in support of [45−1] motion for summary judgment as to EEOC's Title VII claims (dp, Deputy Clerk) (Entered: 01/13/2003)
47 Statement of undisputed material facts by Federated Financial re: [45−1] motion for summary judgment as to EEOC's Title VII claims (dp, Deputy Clerk) (Entered: 01/13/2003)
48 MEMORANDUM by Beth Forry in opposition to [45−1] motion for summary judgment as to EEOC's Title VII claims (dp, Deputy Clerk) (Entered: 01/22/2003)
49 RESPONSE by Beth Forry to [45−1] motion for summary judgment as to EEOC's Title VII claims (dp, Deputy Clerk) (Entered: 01/22/2003)
50 MOTION by Beth Forry to extend time to file reply to memorandum of law in opposition to plaintiff's motion to file supplemental pleading and amendment to complaint and response and memorandum of law in opposition to defendant's (renewed) motion for summary judgment (dp, Deputy Clerk) (Entered: 01/22/2003)
51 REPLY by Beth Forry to response to [36−1] motion for leave to file supplemental pleading and amendment to complaint (dp, Deputy Clerk) (Entered: 01/22/2003)
52 RESPONSE by Equal Employment to [45−1] motion for summary judgment as to EEOC's Title VII claims and CROSS−MOTION, for summary judgment as to second affirmative defense (dp, Deputy Clerk) (Entered: 01/28/2003)
53 Statement of undisputed facts by Equal Employment re: [52−1] response for summary judgment as to second affirmative defense, [52−2] motion (dp, Deputy Clerk) (Entered: 01/28/2003)
54 REPLY by Federated Financial to response to [42−1] motion for summary judgment (dp, Deputy Clerk) (Entered: 02/03/2003)
55 REPLY by Federated Financial to response to [42−1] motion for summary judgment (dp, Deputy Clerk) (Entered: 02/10/2003)
56 AMENDED MOTION to intervene by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox (mh, Deputy Clerk) (Entered: 03/24/2003)
57 Intervenor's COMPLAINT by Taren Busick, Linda Fleek, Sarah Hoffman and Brandy Wilxoc against Federated Financial (mh, Deputy Clerk) (Entered: 03/24/2003)
58 MEMORANDUM by Federated Financial in opposition to [56−1] motion to intervene by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox, [56−2] amended motion (dp,

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 9 of 35

04/15/2003 04/18/2003 04/18/2003 04/18/2003 04/22/2003
04/29/2003 05/02/2003 05/06/2003 05/06/2003 05/06/2003 05/09/2003 05/12/2003 05/12/2003 05/13/2003 05/15/2003 05/15/2003

Deputy Clerk) (Entered: 03/28/2003)
59 NOTICE of attorney appearance for Federated Financial by Susan Leslie Dolin, Stuart A. Rosenfeldt (dp, Deputy Clerk) (Entered: 04/15/2003)
60 MOTION by Federated Financial to compel response to interrogatories number 17 and for discovery sanctions (dp, Deputy Clerk) (Entered: 04/21/2003)
61 MEMORANDUM by Federated Financial in support of [60−1] motion to compel response to interrogatories number 17 and for discovery sanctions (dp, Deputy Clerk) (Entered: 04/21/2003)
62 Notice of compliance: by Federated Financial with L.R. 7.1 A.3 (dp, Deputy Clerk) (Entered: 04/21/2003)
63 ORDER REFERRING CASE (PRE−TRIAL) to Magistrate Judge Lurana S. Snow [60−1] motion to compel response to interrogatories number 17 and for discovery sanctions referred to Magistrate Judge Lurana S. Snow, [56−1] motion to intervene by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox referred to Magistrate Judge Lurana S. Snow, [50−1] motion to extend time to file reply to memorandum of law in opposition to plaintiff's motion to file supplemental pleading and amendment to complaint and response and memorandum of law in opposition to defendant's (renewed) motion for summary judgment referred to Magistrate Judge Lurana S. Snow, [36−1] motion for leave to file supplemental pleading and amendment to complaint referred to Magistrate Judge Lurana S. Snow ( Signed by Judge Wilkie D. Ferguson Jr. on 4/22/03) CCAP [EOD Date: 4/23/03] (dp, Deputy Clerk) (Entered: 04/23/2003)
64 JOINT EMERGENCY MOTION by Beth Forry, Equal Employment for protective order regarding situs of depositions and mediation and for use of court's attorney conference room (dp, Deputy Clerk) (Entered: 04/30/2003)
65 RESPONSE by Equal Employment to [60−1] motion to compel response to interrogatories number 17 and for discovery sanctions (dp, Deputy Clerk) (Entered: 05/05/2003)
66 ORDER granting in part, denying in part [64−1] joint motion for protective order regarding situs of depositions and mediation and for use of court's attorney conference room ( Signed by Judge Wilkie D. Ferguson Jr. on 5/1/03) [EOD Date: 5/6/03] (dp, Deputy Clerk) (Entered: 05/06/2003)
67 NOTICE of filing affidavits of Steve Miller and Jason Gunter in opposition to Forry's and EEOC's joint emergency motion for protective order by Federated Financial (dp, Deputy Clerk) Modified on 05/08/2003 (Entered: 05/06/2003)
68 MEMORANDUM by Federated Financial in opposition to [64−1] joint motion for protective order regarding situs of depositions and mediation and for use of court's attorney conference room (dp, Deputy Clerk) Modified on 05/08/2003 (Entered: 05/06/2003)
69 REPLY by Federated Financial to response to [60−1] motion to compel response to interrogatories number 17 and for discovery sanctions (dp, Deputy Clerk) (Entered: 05/12/2003)
70 NOTICE of filing notice of mediation schedule and agreed order by Equal Employment (dp, Deputy Clerk) (Entered: 05/13/2003)
71 NOTICE of Mediation Hearing on 5/15/03 Robert S. Turk added as mediator (dp, Deputy Clerk) (Entered: 05/13/2003)
72 RENEWED JOINT MOTION by Beth Forry, Equal Employment for protective order deposition of Taren Busick, Beth Forry and Sarah Hoffman (dp, Deputy Clerk) (Entered: 05/14/2003)
73 NOTICE of filing affidavits in opposition to joint renewed motion for protective order by Federated Financial (dp, Deputy Clerk) (Entered: 05/16/2003)
74 MEMORANDUM by Federated Financial in opposition to [72−1] joint motion for protective order deposition of Taren Busick, Beth Forry and Sarah Hoffman (dp, Deputy

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 10 of 35

05/16/2003 05/22/2003 05/22/2003 05/22/2003 05/28/2003 05/28/2003 05/28/2003 05/28/2003 05/28/2003
05/28/2003
05/29/2003
05/29/2003 05/30/2003
06/03/2003
06/03/2003
06/03/2003

Clerk) (Entered: 05/16/2003)
75 FINAL report of Mediator. Disposition: Impasse (wc, Deputy Clerk) (Entered: 05/19/2003)
76 ADMINISTRATIVE ORDER 2003−35 transferring case (Signed by Judge William J. Zloch on 5/22/03) [EOD Date: 5/23/03] (Former Deputy Clerk) (Entered: 05/23/2003)
CASE reassigned to Judge Joan A. Lenard (Former Deputy Clerk) (Entered: 05/23/2003)
77 REPLY by Beth Forry, Equal Employment to response to [72−1] joint motion for protective order deposition of Taren Busick, Beth Forry and Sarah Hoffman (dp, Deputy Clerk) (Entered: 05/23/2003)
78 EMERGENCY MOTION by Federated Financial for protective order pursuant to Rule 26(c)(2) (Former Deputy Clerk) (Entered: 05/29/2003)
79 MEMORANDUM by Federated Financial in support of [78−1] motion for protective order pursuant to Rule 26(c)(2) (Former Deputy Clerk) (Entered: 05/29/2003)
80 NOTICE of Filing affidavit of Jason L. Gunter by Federated Financial (Former Deputy Clerk) (Entered: 05/29/2003)
81 AFFIDAVIT of Jason L. Gunter by Federated Financial Re: [78−1] motion for protective order pursuant to Rule 26(c)(2) (Former Deputy Clerk) (Entered: 05/29/2003)
82 ORDER OF REFERENCE Referring Motion(s) [78−1] motion for protective order pursuant to Rule 26(c)(2) referred to Magistrate Judge Lurana S. Snow ( signed by Judge Joan A. Lenard on 5/28/03) [EOD Date: 5/29/03] (Former Deputy Clerk) (Entered: 05/29/2003)
83 ORDER that plaintiffs shall file a response no later than 12:00 noon on May 29,2003, and shall deliver a copy to thte undersigned by the same deadline [78−1] motion for protective order pursuant to Rule 26(c)(2) ( Signed by Magistrate Judge Lurana S. on 5/28/03) [EOD Date: 5/29/03] (Former Deputy Clerk) (Entered: 05/29/2003)
84 ORDER denying [78−1] motion for protective order pursuant to Rule 26(c)(2), denying [72−1] joint motion for protective order deposition of Taren Busick, Beth Forry and Sarah Hoffman ( Signed by Magistrate Judge Lurana S. Snow on 5/29/03) [EOD Date: 5/30/03] (Former Deputy Clerk) (Entered: 05/30/2003)
85 RESPONSE by Equal Employment to [78−1] motion for protective order pursuant to Rule 26(c)(2) (Former Deputy Clerk) (Entered: 05/30/2003)
86 ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Snow; Order directing parties to file Certificate of Interested Partiesi; Requiring Completion of Form Consenting to Jurisdiction by a United States Magistrate Judge for Final Disposition (Signed by Judge Joan A. Lenard on 5/30/03) CCAP [EOD Date: 6/2/03] (Former Deputy Clerk) (Entered: 06/02/2003)
87 REPORT AND RECOMMENDATIONS of Magistrate Judge Lurana S. Snow recommending that [56−1] motion to intervene by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox, [56−2] amended motion be granted. Motion no longer referred. Signed on: 6/3/03 Objections to R and R due by 6/13/03 CCAP (dp, Deputy Clerk) (Entered: 06/04/2003)
88 ORDER denying [60−1] motion to compel response to interrogatories number 17 and for discovery sanctions, granting [50−1] motion to extend time to file reply to memorandum of law in opposition to plaintiff's motion to file supplemental pleading and amendment to complaint and response and memorandum of law in opposition to defendant's (renewed) motion for summary judgment and denying motion for sanctions ( Signed by Magistrate Judge Lurana S. Snow on 6/3/03) [EOD Date: 6/4/03] (dp, Deputy Clerk) (Entered: 06/04/2003)
89 REPORT AND RECOMMENDATIONS of Magistrate Judge Lurana S. Snow recommending that [36−1] motion for leave to file supplemental pleading and amendment to complaint be denied. Motion no longer referred. Signed on: 6/3/03 Objections to R and R due by 6/13/03 CCAP (dp, Deputy Clerk) (Entered: 06/04/2003)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 11 of 35

06/04/2003 06/12/2003 06/13/2003 06/16/2003 06/16/2003 06/16/2003 06/16/2003 06/16/2003 06/16/2003 06/17/2003 06/17/2003 06/17/2003
06/18/2003 06/27/2003 07/03/2003 07/03/2003 07/07/2003
07/07/2003
07/07/2003 07/08/2003
07/08/2003

90 MOTION by Federated Financial for Stuart Rosenfeldt to withdraw as attorney (Former Deputy Clerk) (Entered: 06/04/2003)
91 Consent to Jurisdiction by a Magistrate Judge by Federated Financial (Former Deputy Clerk) (Entered: 06/13/2003)
92 OBJECTION by Federated Financial to [87−1] report and recommendations (Former Deputy Clerk) (Entered: 06/16/2003)
93 Consent to Jurisdiction by a Magistrate Judge for discovery, costs, fees, sanctions by Equal Employment (Former Deputy Clerk) (Entered: 06/17/2003)
94 Certificate of Interested Persons by Equal Employment (Former Deputy Clerk) (Entered: 06/17/2003)
95 WRITTEN OBJECTION by Beth Forry to [89−1] report and recommendations (Former Deputy Clerk) (Entered: 06/17/2003)
96 Certificate of Interested Persons by Beth Forry (Former Deputy Clerk) (Entered: 06/17/2003)
97 Expert Witness list by Beth Forry (Former Deputy Clerk) (Entered: 06/17/2003)
98 Consent to Jurisdiction by a Magistrate Judge for discovery, costs, fees, sanctions by Beth Forry (Former Deputy Clerk) (Entered: 06/17/2003)
99 NOTICE of Filing consent to jurisdiction for final disposition by Taren Busick (Former Deputy Clerk) (Entered: 06/18/2003)
100 Certificate of Interested Persons by Taren Busick (Former Deputy Clerk) (Entered: 06/18/2003)
101 Consent to Jurisdiction by a Magistrate Judge for discovery, costs, fees, sanctions by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox (Former Deputy Clerk) (Entered: 06/18/2003)
102 Certificate of Interested Persons by Federated Financial (Former Deputy Clerk) (Entered: 06/19/2003)
103 MOTION by Equal Employment for sanctions against defendant and its counsel for their non−appearance at depositions (tb, Deputy Clerk) (Entered: 06/30/2003)
104 JOINT MOTION by Beth Forry, Federated Financial, Equal Employment for extending scheduling order deadlines (Former Deputy Clerk) (Entered: 07/07/2003)
105 NOTICE of Substitution of Counsel by Federated Financial (Former Deputy Clerk) (Entered: 07/07/2003)
106 ORDER granting [90−1] motion for Stuart Rosenfeldt to withdraw as attorney ( Signed by Magistrate Judge Lurana S. Snow on 7/7/03) [EOD Date: 7/8/03] (dp, Deputy Clerk) (Entered: 07/08/2003)
107 ORDER OF CERTIFICATION FOR TRANSFER certifying there are no pending motions in this cause and directing the Clerk to transfer this case to Magistrate Judge Andrea Simonton ( Signed by Magistrate Judge Lurana S. Snow on 7/7/03) [EOD Date: 7/8/03] (dp, Deputy Clerk) (Entered: 07/08/2003)
Magistrate identification: Magistrate Judge Andrea Simonton (dp, Deputy Clerk) (Entered: 07/08/2003)
108 ORDER adopting [87−1] report and recommendations granting [56−1] motion to intervene by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox, granting [56−2] amended motion (Signed by Judge Joan A. Lenard on 7/7/03) [EOD Date: 7/9/03] CCAP (Former Deputy Clerk) (Entered: 07/09/2003)
109 ORDER denying [104−1] joint motion for extending scheduling order deadlines (Signed by Judge Joan A. Lenard on 7/8/03) [EOD Date: 7/9/03] (Former Deputy Clerk) (Entered: 07/09/2003)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 12 of 35

07/09/2003 07/10/2003
07/11/2003 07/11/2003 07/14/2003
07/16/2003 07/18/2003 07/18/2003 07/21/2003 07/23/2003
07/23/2003 07/28/2003 08/07/2003
08/07/2003 08/07/2003 08/21/2003 10/09/2003

110 ORDER substituting Charles Whitelock as Attorney (Signed by Judge Joan A. Lenard on 7/9/03) [EOD Date: 7/10/03] (Former Deputy Clerk) (Entered: 07/10/2003)
111 UNOPPOSED MOTION by Stuart A. Rosenfeldt, Susan L. Dolin to extend time to respond to EEOC's motion for sanctions for non−appearance at Marge Eisenberg's and Steve Miller's depositions ordered by Magistrate Snow (Former Deputy Clerk) (Entered: 07/10/2003)
112 UNOPPOSED MOTION by Jason L. Gunter, PA to extend time to respond to EEOC's motion for sanctions (Former Deputy Clerk) (Entered: 07/14/2003)
Motion(s) referred: [112−1] motion to extend time to respond to EEOC's motion for sanctions referred to Magistrate Judge Andrea M. Simonton (Former Deputy Clerk) (Entered: 07/14/2003)
113 ORDER granting [111−1] motion to extend time to respond to EEOC's motion for sanctions for non−appearance at Marge Eisenberg's and Steve Miller's depositions ordered by Magistrate Snow (Signed by Judge Joan A. Lenard on 7/14/03) [EOD Date: 7/15/03] (Former Deputy Clerk) (Entered: 07/15/2003)
114 ORDER granting [112−1] motion to extend time to respond to EEOC's motion for sanctions until 7/24/03 (Signed by Magistrate Judge Andrea M. Simonton on 7/15/03) [EOD Date: 7/17/03] (Former Deputy Clerk) (Entered: 07/17/2003)
115 MOTION by Federated Financial to extend time to file response to EEOC's motion for sanctions (Former Deputy Clerk) (Entered: 07/21/2003)
116 MEMORANDUM by Jason L. Gunter, PA in opposition to [103−1] motion for sanctions against defendant and its counsel for their non−appearance at depositions (Former Deputy Clerk) (Entered: 07/21/2003)
117 MEMORANDUM by Rothstein Rosenfeldt in opposition to [103−1] motion for sanctions against defendant and its counsel for their non−appearance at depositions (Former Deputy Clerk) (Entered: 07/22/2003)
118 ORDER granting [115−1] motion to extend time to file response to EEOC's motion for sanctions Response to motion reset to 7/28/03 for [103−1] motion for sanctions against defendant and its counsel for their non−appearance at depositions (Signed by Magistrate Judge Andrea M. Simonton on 07/23/03) [EOD Date: 7/24/03] (ra, Deputy Clerk) (Entered: 07/24/2003)
119 Joint Scheduling Report of Scheduling Meeting by Beth Forry, Federated Financial (ra, Deputy Clerk) (Entered: 07/24/2003)
120 MEMORANDUM by Federated Financial in opposition to [103−1] motion for sanctions against defendant and its counsel for their non−appearance at depositions (ra, Deputy Clerk) (Entered: 07/29/2003)
121 ORDER adopting [119−1] Joint Scheduling Report of Scheduling Meeting Set Jury trial for 9:00 9/20/04 before Judge Joan A. Lenard , Set calendar call for 2:30 9/14/04 before Judge Joan A. Lenard , Set pretrial conference for 2:30 9/2/04 before Judge Joan A. Lenard , Setting discovery deadline for 4/30/04 , Set motion filing deadline for 6/11/04 , Set pretrial stipulation due for 8/12/04 ( Signed by Judge Joan A. Lenard on 08/07/03) [EOD Date: 8/8/03] (ra, Deputy Clerk) (Entered: 08/08/2003)
122 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Joan A. Lenard on 08/07/03) [EOD Date: 8/8/03] (ra, Deputy Clerk) (Entered: 08/08/2003)
123 REPLY by Equal Employment to response to [103−1] motion for sanctions against defendant and its counsel for their non−appearance at depositions (ct, Deputy Clerk) (Entered: 08/08/2003)
124 RESPONSE by Beth Forry, Equal Employment [122−1] order of referral to mediation (ra, Deputy Clerk) (Entered: 08/22/2003)
125 ORDER granting in part [103−1] motion for sanctions against defendant and its counsel for their non−appearance at depositions (Signed by Magistrate Judge Andrea M. Simonton on 10/08/03) [EOD Date: 10/10/03] (ra, Deputy Clerk) (Entered: 10/10/2003)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 13 of 35

11/05/2003
11/13/2003 12/05/2003 12/10/2003
12/24/2003 12/30/2003
01/12/2004 01/20/2004 02/04/2004 02/05/2004 02/10/2004 02/11/2004 02/11/2004 02/11/2004 02/12/2004

126 ORDER adopting [89−1] report and recommendations granting [42−1] motion for summary judgment denying [36−1] motion for leave to file supplemental pleading and amendment to complaint denying [45−1] motion for summary judgment as to EEOC's Title VII claims granting [52−2] motion ( Signed by Judge Joan A. Lenard on 11/05/03) [EOD Date: 11/6/03] CCAP (ra, Deputy Clerk) (Entered: 11/06/2003)
127 NOTICE of Plaintiffs' Absence of Joinder of any Additional Pleadings and Amendment of Pleadings by Federated Financial (wc, Deputy Clerk) (Entered: 11/14/2003)
128 MOTION by Federated Financial for an order of entitlement to attorneys' fees and costs as to plaintiff Forry's dismissed Florida Civil Right Act Claim pursuant to the Court's 11/05/03 order (ra, Deputy Clerk) (Entered: 12/08/2003)
129 ORDER OF REFERENCE Referring Motion(s) [128−1] motion for an order of entitlement to attorneys' fees and costs as to plaintiff Forry's dismissed Florida Civil Right Act Claim pursuant to the Court's 11/05/03 order referred to Magistrate Judge Andrea M. Simonton ( signed by Judge Joan A. Lenard on 12/10/03) [EOD Date: 12/11/03] (ra, Deputy Clerk) (Entered: 12/11/2003)
130 UNOPPOSED MOTION by Beth Forry to extend time to file response to defendant's motion for attorneys fees (ra, Deputy Clerk) (Entered: 12/29/2003)
131 ORDER granting [130−1] motion to extend time to file response to defendant's motion for attorneys fees Response to motion reset to 1/12/04 for [128−1] motion for an order of entitlement to attorneys' fees and costs as to plaintiff Forry's dismissed Florida Civil Right Act Claim pursuant to the Court's 11/05/03 order ( Signed by Magistrate Judge Andrea M. Simonton on 12/29/03) [EOD Date: 12/31/03] (ra, Deputy Clerk) (Entered: 12/31/2003)
132 RESPONSE by Beth Forry to [128−1] motion for an order of entitlement to attorneys' fees and costs as to plaintiff Forry's dismissed Florida Civil Right Act Claim pursuant to the Court's 11/05/03 order (dg, Deputy Clerk) (Entered: 01/13/2004)
133 REPLY MEMORANDUM by Federated Financial in support of [128−1] motion for an order of entitlement to attorneys' fees and costs as to plaintiff Forry's dismissed Florida Civil Right Act Claim pursuant to the Court's 11/05/03 order (ra, Deputy Clerk) (Entered: 01/21/2004)
134 MOTION with memorandum in support by Federated Financial to dismiss this action and for sanctions against plaintiffs and the Equal Opportunity Employment Commission (ra, Deputy Clerk) (Entered: 02/05/2004)
135 MOTION with memorandum in support by Equal Employment to extend time to respond to defendant's motion to dismiss and for sanctions (ra, Deputy Clerk) Modified on 02/11/2004 (Entered: 02/06/2004)
136 RESPONSE by Federated Financial in opposition to [135−1] motion to extend time to respond to defendant's motion to dismiss and for sanctions (ra, Deputy Clerk) (Entered: 02/11/2004)
137 RESPONSE by Equal Employment to [134−1] motion to dismiss this action, [134−2] motion for sanctions against plaintiffs and the Equal Opportunity Employment Commission (ra, Deputy Clerk) (Entered: 02/12/2004)
138 MOTION by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox to extend time to respond to motion to dismiss and for sanctions against plaintiffs and the Equal Opportunity Commission (ra, Deputy Clerk) (Entered: 02/12/2004)
139 MOTION by Federated Financial to compel plaintiff EEOC's complete investigative file (ra, Deputy Clerk) Modified on 02/12/2004 (Entered: 02/12/2004)
140 ORDER granting [135−1] motion to extend time to respond to defendant's motion to dismiss and for sanctions Response to motion reset to 3/3/04 for [134−1] motion to dismiss this action, reset to 3/3/04 for [134−2] motion for sanctions against plaintiffs and the Equal Opportunity Employment Commission ( Signed by Judge Joan A. Lenard on 02/12/04) [EOD Date: 2/17/04] (ra, Deputy Clerk) (Entered: 02/17/2004)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 14 of 35

02/12/2004
02/18/2004 02/18/2004 02/19/2004 02/24/2004 02/24/2004 02/27/2004
02/27/2004 02/27/2004 03/01/2004 03/01/2004 03/01/2004 03/02/2004 03/03/2004
03/05/2004 03/08/2004 03/09/2004 03/09/2004

141 ORDER granting [138−1] motion to extend time to respond to motion to dismiss and for sanctions against plaintiffs and the Equal Opportunity Commission Response to motion reset to 3/3/04 for [134−1] motion to dismiss this action, reset to 3/3/04 for [134−2] motion for sanctions against plaintiffs and the Equal Opportunity Employment Commission ( Signed by Judge Joan A. Lenard on 02/12/04) [EOD Date: 2/17/04] (ra, Deputy Clerk) (Entered: 02/17/2004)
142 Answer and affirmative defenses by Federated Financial; jury demand (ra, Deputy Clerk) (Entered: 02/19/2004)
143 MOTION by Federated Financial to dismiss plaintiff/intervenor Wnedi Newman (ra, Deputy Clerk) (Entered: 02/19/2004)
144 MOTION by Federated Financial to extend time to file reply to plaintiff's EEOC response to motion to dismiss and for sanctions (ra, Deputy Clerk) (Entered: 02/20/2004)
145 RESPONSE by Federated Financial in opposition to [144−1] motion to extend time to file reply to plaintiff's EEOC response to motion to dismiss and for sanctions (tb, Deputy Clerk) (Entered: 02/25/2004)
146 UNOPPOSED MOTION with memorandum in support by Equal Employment to extend time to respond to defendant's motion to compel plaintiff EEOC's complete investigative file (tb, Deputy Clerk) (Entered: 02/25/2004)
147 ORDER granting [146−1] motion to extend time to respond to defendant's motion to compel plaintiff EEOC's complete investigative file Response to motion reset to 3/11/04 for [139−1] motion to compel plaintiff EEOC's complete investigative file ( Signed by Magistrate Judge Andrea M. Simonton on 02/27/04) [EOD Date: 3/1/04] (ra, Deputy Clerk) (Entered: 03/01/2004)
148 MOTION by Federated Financial to accept defendant's reply in support of its motion to dismiss and for sanctions (ra, Deputy Clerk) (Entered: 03/01/2004)
149 REPLY MEMORANDUM by Federated Financial in support of [134−1] motion to dismiss this action, [134−2] motion for sanctions plaintiffs and the Equal Opportunity Employment Commission (ra, Deputy Clerk) (Entered: 03/01/2004)
150 NOTICE of filing witness list by Federated Financial (ra, Deputy Clerk) (Entered: 03/02/2004)
151 Witness list by Federated Financial (ra, Deputy Clerk) (Entered: 03/02/2004)
152 CLERK'S appointment of O. Edgar Williams Jr. as Mediator (ra, Deputy Clerk) (Entered: 03/02/2004)
153 RESPONSE by Brandy Wilcox, Sarah Hoffman, Linda Fleek, Taren Busick to [134−1] motion to dismiss this action, [134−2] motion for sanctions against plaintiffs and the Equal Opportunity Employment Commission (ra, Deputy Clerk) (Entered: 03/03/2004)
154 RESPONSE by Equal Employment to [148−1] motion to accept defendant's reply in support of its motion to dismiss and for sanctions, [144−1] motion to extend time to file reply to plaintiff's EEOC response to motion to dismiss and for sanctions (tb, Deputy Clerk) (Entered: 03/04/2004)
155 RESPONSE by Equal Employment to [143−1] motion to dismiss plaintiff/intervenor Wnedi Newman (ra, Deputy Clerk) (Entered: 03/08/2004)
156 ORDER granting [144−1] motion to extend time to file reply to plaintiff's EEOC response to motion to dismiss and for sanctions (Signed by Judge Joan A. Lenard on 03/08/04) [EOD Date: 3/9/04] (ra, Deputy Clerk) (Entered: 03/09/2004)
157 ORDER granting [148−1] motion to accept defendant's reply in support of its motion to dismiss and for sanctions ( Signed by Magistrate Judge Andrea M. Simonton on 03/09/04) [EOD Date: 3/10/04] (ra, Deputy Clerk) (Entered: 03/10/2004)
158 MOTION with memorandum in support by Federated Financial for protective order (ra, Deputy Clerk) (Entered: 03/10/2004)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 15 of 35

03/09/2004 03/10/2004 03/11/2004 03/11/2004 03/19/2004 03/22/2004 03/22/2004 03/22/2004 03/22/2004 03/22/2004 03/25/2004 03/26/2004 03/26/2004 03/29/2004
03/29/2004 03/30/2004
04/01/2004
04/08/2004

159 REPLY by Federated Financial to response to [134−1] motion to dismiss this action, [134−2] motion for sanctions against plaintiffs and the Equal Opportunity Employment Commission (ra, Deputy Clerk) (Entered: 03/10/2004)
160 CLERK'S Designation of Mediator− Change of Mediator Information (ra, Deputy Clerk) (Entered: 03/11/2004)
161 RESPONSE by Equal Employment to [139−1] motion to compel plaintiff EEOC's complete investigative file (tb, Deputy Clerk) (Entered: 03/12/2004)
162 REPLY by Federated Financial to response to [144−1] motion to extend time to file reply to plaintiff's EEOC response to motion to dismiss and for sanctions and motion to exceed page limitations (nt, Deputy Clerk) (Entered: 03/12/2004)
163 RESPONSE by Equal Employment to [158−1] motion for protective order (ra, Deputy Clerk) (Entered: 03/22/2004)
164 MOTION by Federated Financial for extension of time to file reply to response to motion to compel plaintiff EEOC's complete investigation file (ra, Deputy Clerk) (Entered: 03/23/2004)
165 MOTION by Federated Financial to extend time to file reply to response to motion to dismiss Wendi Newman (nt, Deputy Clerk) (Entered: 03/23/2004)
166 SURREPLY by Equal Employment to [134−1] motion to dismiss this action, [134−2] motion for sanctions against plaintiffs and the Equal Opportunity Employment Commission (nt, Deputy Clerk) (Entered: 03/23/2004)
167 NOTICE of Filing Affidavit and Exhibits by Equal Employment (nt, Deputy Clerk) (Entered: 03/23/2004)
168 AFFIDAVIT of Cheryl A. Cooper by Equal Employment Re: [163−1] motion for protective order response (nt, Deputy Clerk) (Entered: 03/23/2004)
169 MOTION by Equal Employment to compel Financial worth discovery (ra, Deputy Clerk) (Entered: 03/26/2004)
170 REPLY by Federated Financial in support of [143−1] motion to dismiss plaintiff/intervenor Wnedi Newman (ra, Deputy Clerk) (Entered: 03/29/2004)
171 REPLY by Federated Financial in support of its [139−1] motion to compel plaintiff EEOC's complete investigative file (ra, Deputy Clerk) (Entered: 03/29/2004)
Motion(s) referred: [139−1] motion to compel plaintiff EEOC's complete investigative file referred to Magistrate Judge Andrea M. Simonton, [158−1] motion for protective order referred to Magistrate Judge Andrea M. Simonton, [164−1] motion for extension of time to file reply to response to motion to compel plaintiff EEOC's complete investigation file referred to Magistrate Judge Andrea M. Simonton as per [86−1] order (ra, Deputy Clerk) (Entered: 03/30/2004)
172 REPLY by Federated Financial in support of [158−1] motion for protective order (ra, Deputy Clerk) (Entered: 03/30/2004)
173 ORDER granting [165−1] motion to extend time to file reply to response to motion to dismiss Wendi Newman Reply to Response to Motion reset to 3/31/04 for [143−1] motion to dismiss plaintiff/intervenor Wnedi Newman (Signed by Judge Joan A. Lenard on 03/30/04) [EOD Date: 3/31/04] (ra, Deputy Clerk) (Entered: 03/31/2004)
174 ORDER granting [164−1] motion for extension of time to file reply to response to motion to compel plaintiff EEOC's complete investigation file Reply to Response to Motion reset to 3/29/04 for [139−1] motion to compel plaintiff EEOC's complete investigative file ( Signed by Magistrate Judge Andrea M. Simonton on 4/1/04) [EOD Date: 4/2/04] (dg, Deputy Clerk) (Entered: 04/02/2004)
175 MOTION with memorandum in support by Equal Employment for protective order precluding defendant's proposed deposition duces tecum of the EEOC representative with the most knowledge regarding complaints against an EEOC investigator (tb, Deputy Clerk) (Entered: 04/09/2004)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 16 of 35

04/14/2004 04/19/2004
04/21/2004 04/22/2004
04/23/2004 04/23/2004 04/27/2004
04/28/2004 04/30/2004
04/30/2004 04/30/2004 04/30/2004 04/30/2004 04/30/2004 04/30/2004 05/03/2004 05/03/2004

176 MOTION by Federated Financial to extend time to file response to plaintiff EEOC's motion to compel financial worth discovery (ra, Deputy Clerk) (Entered: 04/15/2004)
177 ORDER granting [176−1] motion to extend time to file response to plaintiff EEOC's motion to compel financial worth discovery Response to motion reset to 4/19/04 for [169−1] motion to compel Financial worth discovery ( Signed by Magistrate Judge Andrea M. Simonton on 04/19/04) [EOD Date: 4/20/04] (ra, Deputy Clerk) (Entered: 04/20/2004)
178 MOTION by Federated Financial to extend time to file response to plaintiff EEOC's motion to compel finencial worth discovery (ra, Deputy Clerk) (Entered: 04/22/2004)
179 ORDER granting [178−1] motion to extend time to file response to plaintiff EEOC's motion to compel finencial worth discovery Response to motion reset to 4/30/04 for [169−1] motion to compel Financial worth discovery ( Signed by Magistrate Judge Andrea M. Simonton on 04/22/04) [EOD Date: 4/23/04] (ra, Deputy Clerk) (Entered: 04/23/2004)
180 Letter MOTION by Shawn Martin to quash subpoena (ra, Deputy Clerk) (Entered: 04/26/2004)
181 ORDER Staying Deposition of Shawn Martin terminating [180−1] motion to quash subpoena (Signed by Judge Joan A. Lenard on 04/22/04) [EOD Date: 4/26/04] (ra, Deputy Clerk) (Entered: 04/26/2004)
182 RESPONSE by Federated Financial in opposition to [175−1] motion for protective order precluding defendant's proposed deposition duces tecum of the EEOC representative with the most knowledge regarding complaints against an EEOC investigator (ra, Deputy Clerk) (Entered: 04/28/2004)
183 RETURN OF SERVICE executed on 04/19/04 for Anthoney G. Coleman, Jr. Re: subpoena in civil case (ra, Deputy Clerk) (Entered: 04/29/2004)
184 MOTION by Federated Financial to extend time to file respose to plaintiff's EEOC, third set of interrogatories and third request for production of documents and plaintiffs, Forry, first request for admissions and third request for production (ra, Deputy Clerk) (Entered: 05/03/2004)
185 RESPONSE by Federated Financial to Shawn Martin's undated correspondence addressed directly to Magistrate Judge Simonton on 04/23/04 (ra, Deputy Clerk) Modified on 06/23/2004 (Entered: 05/03/2004)
186 MOTION by Equal Employment to strike defendant's trial witnesses not timely disclosed during the discovery process (ra, Deputy Clerk) (Entered: 05/03/2004)
187 JOINT MOTION by Equal Employment, Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox for status conference to address multipule outstanding discovery matters (ra, Deputy Clerk) (Entered: 05/03/2004)
188 MOTION with memorandum in support by Equal Employment to compel discovery (ra, Deputy Clerk) (Entered: 05/03/2004)
189 MOTION by Equal Employment to compel defendant to provide Employee contact information , for Oral Argument on [189−1] motion (ra, Deputy Clerk) (Entered: 05/03/2004)
190 MOTION by Equal Employment for order to show cause and other affirmative relief for discovery abuses by defendant and its management officials (ra, Deputy Clerk) (Entered: 05/03/2004)
191 RESPONSE by Federated Financial to [169−1] motion to compel Financial worth discovery (dg, Deputy Clerk) (Entered: 05/04/2004)
192 REPLY by Equal Employment to response to [175−1] motion for protective order precluding defendant's proposed deposition duces tecum of the EEOC representative with the most knowledge regarding complaints against an EEOC investigator (nt, Deputy Clerk) (Entered: 05/04/2004)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 17 of 35

05/04/2004 05/04/2004 05/04/2004 05/04/2004 05/11/2004 05/11/2004 05/12/2004 05/13/2004 05/13/2004 05/18/2004 05/18/2004 05/19/2004 05/20/2004 05/21/2004 05/25/2004
06/02/2004
06/04/2004 06/04/2004

193 ORDER reassigning case to Magistrate Judge McAliley (Signed by Judge Joan A. Lenard on 4/30/04) [EOD Date: 5/5/04] (dg, Deputy Clerk) (Entered: 05/05/2004)
Magistrate identification: Magistrate Judge McAliley (dg, Deputy Clerk) (Entered: 05/05/2004)
194 REPLY by Equal Employment to response to [169−1] motion to compel Financial worth discovery (ct, Deputy Clerk) (Entered: 05/05/2004)
195 NOTICE of Unavailability by Beth Forry for dates of: 04/30/04−05/12/04 (nt, Deputy Clerk) (Entered: 05/05/2004)
196 NOTICE of filing mediation schedule and order scheduling mediation by Federated Financial (ct, Deputy Clerk) (Entered: 05/12/2004)
197 NOTICE of Mediation Hearing on 5/27/04 at 9:30 (ct, Deputy Clerk) (Entered: 05/12/2004)
198 NOTICE of filing response to defendant's response to Shawn Martin's undated correspondence addressed directly to Magistrate Judge Simonton filed on April 23, 2004 by Equal Employment (ct, Deputy Clerk) (Entered: 05/13/2004)
199 MOTION by Federated Financial (Attorney ) to extend time to repsond to 3rd set of interrogatories (ct, Deputy Clerk) (Entered: 05/14/2004)
200 ORDER SCHEDULING MEDIATION before Mediator: Edgar Williams, Jr. for 5/27/04 at 9:30 ( Signed by Judge Joan A. Lenard on 5/13/04) [EOD Date: 5/14/04] (ct, Deputy Clerk) (Entered: 05/14/2004)
201 ORDER granting [199−1] motion to extend time to repsond to 3rd set of interrogatories up to and including 5/14/04 (Signed by Magistrate Judge Chris M. McAliley on 5/18/04) [EOD Date: 5/19/04] (dg, Deputy Clerk) (Entered: 05/19/2004)
202 NOTICE OF SUPPLEMENTAL FILINGS by Federated Financial in support of [143−1] motion to dismiss plaintiff/intervenor Wnedi Newman (dg, Deputy Clerk) (Entered: 05/19/2004)
203 MOTION by Rothstein Rosenfeldt to be removed from service list (bs, Deputy Clerk) (Entered: 05/20/2004)
204 MOTION by Federated Financial to extend time respond to plaintiff's motion for order to show cause, motion to compel, joint motion for status conference, motion to strike and motion to compel discovery (dg, Deputy Clerk) (Entered: 05/21/2004)
205 MOTION by Federated Financial to compel addresses of Lynda Fleek's mother as well as her sister (dg, Deputy Clerk) (Entered: 05/24/2004)
206 MOTION with memorandum in support by Federated Financial to compel responses to request for admissions from plaintiffs EEOC, Taren Busick, Lynda Fleek, Sarah Hoffman, Brandy Wilcox and Wendi Newman and second request for production of documents from EEOC (dg, Deputy Clerk) (Entered: 05/26/2004)
207 MOTION by Federated Financial to extend time to respond to plaintiff, EEOC's motion for order to show cause and other affirmative relief for discovery abuses by defendant, EEOC'S motion to compel defendant to provide employee contact information, EEOC's joint motion requesting status conference, EEOC's motion to strike trial witnesses and EEOC's motion to compel discovery (ra, Deputy Clerk) (Entered: 06/03/2004)
208 NOTICE of Status Conference: Set status conference for 9:30 6/17/04 before Magistrate Judge Chris M. McAliley (ra, Deputy Clerk) (Entered: 06/07/2004)
209 ORDER granting [204−1] motion to extend time respond to plaintiff's motion for order to show cause, motion to compel, joint motion for status conference, motion to strike and motion to compel discovery, granting [207−1] motion to extend time to respond to plaintiff, EEOC's motion for order to show cause and other affirmative relief for discovery abuses by defendant, EEOC'S motion to compel defendant to provide employee contact information, EEOC's joint motion requesting status conference, EEOC's motion to strike trial witnesses and EEOC's motion to compel discovery ( Signed by Magistrate Judge Chris M. McAliley on 04/03/04) [EOD Date: 6/7/04] (ra, Deputy Clerk) (Entered:

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 18 of 35

06/07/2004
06/07/2004
06/07/2004 06/07/2004 06/07/2004 06/07/2004 06/07/2004 06/07/2004 06/08/2004 06/10/2004 06/10/2004 06/14/2004 06/16/2004 06/16/2004 06/16/2004 06/16/2004 06/16/2004 06/16/2004

06/07/2004)
Motion(s) referred: [158−1] motion for protective order referred to Magistrate Judge Chris M. McAliley, [139−1] motion to compel plaintiff EEOC's complete investigative file referred to Magistrate Judge Chris M. McAliley, [128−1] motion for an order of entitlement to attorneys' fees and costs as to plaintiff Forry's dismissed Florida Civil Right Act Claim pursuant to the Court's 11/05/03 order referred to Magistrate Judge Chris M. McAliley (ra, Deputy Clerk) (Entered: 06/08/2004)
210 RESPONSE by Equal Employment to [206−1] motion to compel responses to request for admissions from plaintiffs EEOC, Taren Busick, Lynda Fleek, Sarah Hoffman, Brandy Wilcox and Wendi Newman and second request for production of documents from EEOC (ra, Deputy Clerk) (Entered: 06/08/2004)
211 RESPONSE by Federated Financial to [189−1] motion to compel defendant to provide Employee contact information (ra, Deputy Clerk) (Entered: 06/08/2004)
212 RESPONSE by Federated Financial in opposition to [190−1] motion for order to show cause and other affirmative relief for discovery abuses by defendant and its management officials (ra, Deputy Clerk) (Entered: 06/08/2004)
213 RESPONSE by Federated Financial in opposition to [188−1] motion to compel discovery (ra, Deputy Clerk) (Entered: 06/08/2004)
214 RESPONSE by Federated Financial in opposition to [186−1] motion to strike defendant's trial witnesses not timely disclosed during the discovery process (ra, Deputy Clerk) (Entered: 06/08/2004)
214 MOTION by Federated Financial for attorney fees and costs (ra, Deputy Clerk) (Entered: 06/08/2004)
215 AFFIDAVIT of Christopher R. McFaland by Federated Financial Re: [212−1] opposition response (ra, Deputy Clerk) (Entered: 06/08/2004)
216 RESPONSE by Equal Employment to [205−1] motion to compel addresses of Lynda Fleek's mother as well as her sister (ra, Deputy Clerk) (Entered: 06/09/2004)
217 MOTION with memorandum in support by Beth Forry (Attorney ) to determine sufficency of defendant's answers and/or objections to plaintiff Beth Forry's first request for admissions (ra, Deputy Clerk) (Entered: 06/14/2004)
218 MOTION with memorandum in support by Beth Forry to compel defendant's response to plaintiff Beth Forry's third request for production (ra, Deputy Clerk) (Entered: 06/14/2004)
219 NOTICE of defendant's incorrect certificate of service by Equal Employment (dg, Deputy Clerk) (Entered: 06/15/2004)
220 REPLY by Equal Employment to response to [186−1] motion to strike defendant's trial witnesses not timely disclosed during the discovery process, [214−1] motion for attorney fees and costs (ct, Deputy Clerk) (Entered: 06/17/2004)
221 REPLY by Equal Employment to response to [189−1] motion to compel defendant to provide Employee contact information (ct, Deputy Clerk) (Entered: 06/17/2004)
221 RESPONSE by Equal Employment to [158−1] motion for protective order (ct, Deputy Clerk) (Entered: 06/17/2004)
222 REPLY by Equal Employment to response to [190−1] motion for order to show cause and other affirmative relief for discovery abuses by defendant and its management officials (ct, Deputy Clerk) (Entered: 06/17/2004)
223 REPLY by Equal Employment to response to [188−1] motion to compel discovery (ct, Deputy Clerk) (Entered: 06/17/2004)
224 ORDER denying [187−1] joint motion for status conference to address multipule outstanding discovery matters ( Signed by Magistrate Judge Chris M. McAliley on 6/15/04) [EOD Date: 6/17/04] (ct, Deputy Clerk) (Entered: 06/17/2004)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 19 of 35

06/16/2004 06/16/2004
06/17/2004 06/17/2004 06/22/2004 06/22/2004 06/22/2004 06/22/2004 06/22/2004 06/22/2004 06/22/2004 06/22/2004 06/22/2004 06/22/2004 06/22/2004
06/22/2004

225 ORDER granting [203−1] motion to be removed from service list ( Signed by Magistrate Judge Chris M. McAliley on 6/15/04) [EOD Date: 6/17/04] (ct, Deputy Clerk) (Entered: 06/17/2004)
226 ORDER granting [184−1] motion to extend time to file respose to plaintiff's EEOC, third set of interrogatories and third request for production of documents and plaintiffs, Forry, first request for admissions and third request for production ( Signed by Magistrate Judge Chris M. McAliley on 6/15/04) [EOD Date: 6/17/04] (ct, Deputy Clerk) (Entered: 06/17/2004)
Status conference held before Magistrate Judge Chris M. McAliley (dg, Deputy Clerk) (Entered: 06/18/2004)
227 Minutes of status conference held before Magistrate Judge Chris M. McAliley on 6/17/04; Court Reporter Name or Tape #: 04h−33−1/34−1/35−1 (dg, Deputy Clerk) (Entered: 06/18/2004)
228 ORDER granting [189−1] motion to compel defendant to provide Employee contact information, terminating [189−2] motion for Oral Argument on [189−1] motion ( Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/22/04] (ra, Deputy Clerk) (Entered: 06/22/2004)
229 ORDER granting [186−1] motion to strike defendant's trial witnesses not timely disclosed during the discovery process (Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/22/04] (ra, Deputy Clerk) (Entered: 06/22/2004)
230 ORDER denying [139−1] motion to compel plaintiff EEOC's complete investigative file ( Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/23/04] (ra, Deputy Clerk) (Entered: 06/23/2004)
231 ORDER denying [158−1] motion for protective order (Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/23/04] (ra, Deputy Clerk) (Entered: 06/23/2004)
232 ORDER granting [169−1] motion to compel Financial worth discovery (Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/23/04] (ra, Deputy Clerk) (Entered: 06/23/2004)
233 ORDER granting [175−1] motion for protective order precluding defendant's proposed deposition duces tecum of the EEOC representative with the most knowledge regarding complaints against an EEOC investigator (Signed by Judge Joan A. Lenard on 06/21/04) [EOD Date: 6/23/04] (ra, Deputy Clerk) (Entered: 06/23/2004)
234 ORDER granting [185−1] opposition response, (Court interprets as motion to compel deposition duces tecum testimony of Shawn Martin) (Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/23/04] (ra, Deputy Clerk) (Entered: 06/23/2004)
235 ORDER granting [188−1] motion to compel discovery ( Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/23/04] (ra, Deputy Clerk) (Entered: 06/23/2004)
236 ORDER granting in part [190−1] motion for order to show cause and other affirmative relief for discovery abuses by defendant and its management officials (Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/23/04] (ra, Deputy Clerk) (Entered: 06/23/2004)
237 ORDER denying [205−1] motion to compel addresses of Lynda Fleek's mother as well as her sister (Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/23/04] (ra, Deputy Clerk) (Entered: 06/23/2004)
238 ORDER denying [206−1] motion to compel responses to request for admissions from plaintiffs EEOC, Taren Busick, Lynda Fleek, Sarah Hoffman, Brandy Wilcox and Wendi Newman and second request for production of documents from EEOC ( Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/23/04] (ra, Deputy Clerk) (Entered: 06/23/2004)
239 ORDER denying [128−1] motion for an order of entitlement to attorneys' fees and costs as to plaintiff Forry's dismissed Florida Civil Right Act Claim pursuant to the Court's 11/05/03 order ( Signed by Magistrate Judge Chris M. McAliley on 06/21/04) [EOD Date: 6/23/04] (ra, Deputy Clerk) (Entered: 06/23/2004)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 20 of 35

06/23/2004 06/23/2004 06/25/2004 06/25/2004 06/28/2004 06/28/2004 07/02/2004 07/06/2004 07/06/2004
07/06/2004 07/06/2004
07/07/2004
07/12/2004 07/14/2004
07/14/2004
07/14/2004
07/14/2004

240 ORDER denying defendant's motion for protective order (Signed by Magistrate Judge Chris M. McAliley on 06/22/04) [EOD Date: 6/25/04] (ra, Deputy Clerk) (Entered: 06/25/2004)
241 ORDER denying [214−1] motion for attorney fees and costs (Signed by Magistrate Judge Chris M. McAliley on 06/22/04) [EOD Date: 6/25/04] (ra, Deputy Clerk) (Entered: 06/25/2004)
243 RESPONSE by Federated Financial in opposition to [218−1] motion to compel defendant's response to plaintiff Beth Forry's third request for production (ra, Deputy Clerk) (Entered: 06/28/2004)
244 NOTICE TO INTENT TO FILE OBJECTIONS by Federated Financial to Magistrate's [229−1] order, [228−1] order (ra, Deputy Clerk) (Entered: 06/28/2004)
242 Transcript filed re: Status Conference for Pending Discovery Motions held 06/17/04 before Judge Chris McAliley Pages: 1−171 by Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox (vl, Deputy Clerk) (Entered: 06/28/2004)
245 RESPONSE by Federated Financial in opposition to [217−1] motion to determine sufficency of defendant's answers and/or objections to plaintiff Beth Forry's first request for admissions (ra, Deputy Clerk) (Entered: 06/29/2004)
246 JOINT NOTICE OF SETTLEMENT filed by Equal Employment (ra, Deputy Clerk) (Entered: 07/06/2004)
247 REPLY AND INCORPORATED MEMORANDUM OF LAW by Beth Forry to response to [218−1] motion to compel defendant's response to plaintiff Beth Forry's third for production (ra, Deputy Clerk) (Entered: 07/07/2004)
248 REPLY AND INCORPORATED MEMORANDUM OF LAW by Beth Forry to response to [217−1] motion to determine sufficency of defendant's answers and/or objections to plaintiff Beth Forry's first request for admissions (ra, Deputy Clerk) (Entered: 07/07/2004)
249 MOTION by Beth Forry to extend time to file reply to defendant's response in opposition to plaintiff's motion to compel defendant's response to Beth Forry's third request for production (ra, Deputy Clerk) (Entered: 07/07/2004)
250 MOTION by Beth Forry to extend time to file reply to defendant's rsponse in opposition to plaintiff's motion to determine sufficiency of defendant's answers and/or objections to plaintiff first request for admissions (ra, Deputy Clerk) Modified on 07/08/2004 (Entered: 07/07/2004)
251 RESPONSE by Federated Financial in opposition to [250−1] motion to extend time to file reply to defendant's rsponse in opposition to plaintiff's motion to determine sufficiency of defendant's answers and/or objections to plaintiff first request for admissions (ra, Deputy Clerk) (Entered: 07/08/2004)
252 MOTION by Beth Forry for three−week stay of discovery orders (ra, Deputy Clerk) (Entered: 07/13/2004)
253 ORDER granting [217−1] motion to determine sufficency of defendant's answers and/or objections to plaintiff Beth Forry's first request for admissions ( Signed by Magistrate Judge Chris M. McAliley on 7/13/04) [EOD Date: 7/15/04] (tb, Deputy Clerk) (Entered: 07/15/2004)
254 ORDER denying [249−1] motion to extend time to file reply to defendant's response in opposition to plaintiff's motion to compel defendant's response to Beth Forry's third request for production ( Signed by Magistrate Judge Chris M. McAliley on 7/13/04) [EOD Date: 7/15/04] (tb, Deputy Clerk) (Entered: 07/15/2004)
255 ORDER denying [250−1] motion to extend time to file reply to defendant's rsponse in opposition to plaintiff's motion to determine sufficiency of defendant's answers and/or objections to plaintiff first request for admissions ( Signed by Magistrate Judge Chris M. McAliley on 7/13/04) [EOD Date: 7/15/04] (tb, Deputy Clerk) (Entered: 07/15/2004)
256 ORDER granting in part, denying in part [218−1] motion to compel defendant's response to plaintiff Beth Forry's third request for production ( Signed by Magistrate Judge Chris

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 21 of 35

07/21/2004 07/22/2004
07/23/2004 07/23/2004 07/26/2004 07/27/2004 07/28/2004 08/04/2004 08/05/2004 08/05/2004 08/05/2004 08/05/2004 08/06/2004 04/03/2007
04/04/2007

M. McAliley on 07/13/04) [EOD Date: 7/15/04] (nt, Deputy Clerk) (Entered: 07/15/2004)
257 RESPONSE by Federated Financial to [252−1] motion for three−week stay of discovery orders (ra, Deputy Clerk) (Entered: 07/22/2004)
258 ORDER denying [143−1] motion to dismiss plaintiff/intervenor Wnedi Newman, denying [134−1] motion to dismiss this action, denying [134−2] motion for sanctions against plaintiffs and the Equal Opportunity Employment Commission (Signed by Judge Joan A. Lenard on 07/21/04) [EOD Date: 7/23/04] (ra, Deputy Clerk) (Entered: 07/23/2004)
259 NOTICE of intent to file objections to Magistrate Judge's Orders by Federated Financial (ct, Deputy Clerk) (Entered: 07/26/2004)
260 MOTION with memorandum in support by Federated Financial (Attorney ) in limine for order excluding any reference to any settlement between the parties. (ct, Deputy Clerk) (Entered: 07/26/2004)
261 NOTICE OF SETTLEMENT filed by Beth Forry, Federated Financial (ra, Deputy Clerk) (Entered: 07/27/2004)
262 ORDER granting [252−1] motion for three−week stay of discovery orders (Signed by Magistrate Judge Chris M. McAliley on 07/27/04) [EOD Date: 7/28/04] (ra, Deputy Clerk) (Entered: 07/28/2004)
263 ORDER OF DISMISSAL Of COMPLAINT AGAINST Federated Financial UPON [261−1] settlement (Signed by Judge Joan A. Lenard on 07/28/04) [EOD Date: 7/29/04] (ra, Deputy Clerk) (Entered: 07/29/2004)
264 UNOPPOSED MOTION with memorandum in support by Equal Employment (Attorney Michael J. Farrell) for 2 day extension of time to file proposed consent decree (ra, Deputy Clerk) (Entered: 08/05/2004)
265 ORDER granting [264−1] motion for 2 day extension of time to file proposed consent decree (Signed by Judge Joan A. Lenard on 08/05/04) [EOD Date: 8/6/04] (ra, Deputy Clerk) (Entered: 08/06/2004)
266 ORDER/CONSENT DECREE : the duration of this Decree shall be three (3) years from the date of this order (Signed by Judge Joan A. Lenard on 08/05/04) [EOD Date: 8/6/04] (ra, Deputy Clerk) (Entered: 08/06/2004)
267 ORDER CLOSING CASE, all pending motions not ruled upon by separate order are DENIED AS MOOT (Signed by Judge Joan A. Lenard on 08/05/04) [EOD Date: 8/6/04] (ra, Deputy Clerk) (Entered: 08/06/2004)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (ra, Deputy Clerk) (Entered: 08/06/2004)
268 NOTICE of supplemental filing of original signatures to proposed consent decree by Equal Employment (ra, Deputy Clerk) (Entered: 08/09/2004)
269 Plaintiff's MOTION for Order to Show Cause Why Defendant Should Not Be Held In Contempt (For Violating Court−Ordered Consent Decree) and Supporting Memorandum of Law by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K)(Cooper, Cheryl) (Entered: 04/03/2007)
270 [VACATED by DE# 273] ORDER REFERRING EEOC's MOTION TO ENFORCE COURT−ORDERED CONSENT DECREE AND FOR ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CONTEMPT 269 to Magistrate Judge McAliley. Pursuant to 28 U.S.C. sec. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the Magistrate Judge shall take all necessary and proper action as required by law with respect to the above−referenced Motion, and any motions and papers related thereto. Pursuant to this referral order, it is also ORDERED AND ADJUDGED that it is the responsibility of the parties in this case to indicate the name of the Magistrate Judge assigned to the case on all motions and related papers referred by this order. After receipt of such motion or other related paper, Chambers will forward the motion or paper to the chambers of the appropriate Magistrate Judge. This entry constitutes the ENDORSED Order in its entirety.Signed by Judge Joan A. Lenard

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 22 of 35

04/16/2007 04/16/2007 04/16/2007 04/17/2007
04/17/2007 04/25/2007 04/25/2007 04/25/2007 05/22/2007
06/12/2007 06/18/2007

on 4/4/2007.(lc1) Modified on 4/18/2007 to reflect "vacated" (wc). (Entered: 04/04/2007)
271 Defendant's MOTION for Extension of Time to File Response/Reply to Plaintiff, EEOC's, Motion to Enforce Court−Ordered Consent Decree and for Order to Show Cause Why Defendant Should Not Be Held in Contempt and Supporting Memorandum of Law by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 04/16/2007)
272 ORDER granting 271 Defendant's Motion for Extension of Time to Respond to Plaintiff EEOC's Motion to Enforce Court−Ordered Consent Decree and for Order to Show Cause Why Defendant Should Not Be Held in Contempt. Signed by Magistrate Judge Chris M. McAliley on 04/16/07. (lc2) (Entered: 04/16/2007)
Reset Deadlines as to 269 Plaintiff's MOTION for Order to Show Cause Why Defendant Should Not Be Held In Contempt (For Violating Court−Ordered Consent Decree) and Supporting Memorandum of Law. Responses due by 4/25/2007 (wc) (Entered: 04/17/2007)
273 ORDER VACATING REFERRAL TO MAGISTRATE JUDGE CHRIS MCALILEY AND REFERRING MOTION TO ENFORCE COURT− ORDERED CONSENT DECREE 269 to MAGISTRATE JUDGE EDWIN TORRES. By this ENDORSED ORDER the Court hereby vacates the reference to Judge McAliley and refers the Motion to Enforce 269 to Judge Torres. All other provisions of the Referral Order 270 remain in full force and effect. Signed by Judge Joan A. Lenard on 4/17/2007.(JAL) (Entered: 04/17/2007)
274 Case Reassigned to Judge Edwin G. Torres and Edwin G. Torres. Judge Chris M. McAliley no longer assigned to the case. (JAL) (Entered: 04/17/2007)
275 RESPONSE in Opposition re 269 Plaintiff's MOTION for Order to Show Cause Why Defendant Should Not Be Held In Contempt (For Violating Court−Ordered Consent Decree) and Supporting Memorandum of Law and Defendant's Motion for Modification of Consent Decree With Incorporated Memorandum of Law filed by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 04/25/2007)
276 NOTICE by Federated Financial Services, Inc. of Exhibits in Support of Defendant's Response in Opposition to Plaintiff, EEOC'S, Motion to Enforce Court−Ordered Consent Decree and for Order To Show Cause Why Defendant Should Not be Held In Contempt and Supporting Memorandum of Law and Motion for Modification of Consent Decree With Incorporated Memorandum of Law (Attachments: # 1 # 2 # 3 # 4)(Whitelock, Christopher) (Entered: 04/25/2007)
282 MOTION to Modify 266 Consent Decree by Federated Financial Services, Inc. (See 275 for motion text) (wc) (Entered: 06/19/2007)
277 ORDER deferring ruling on 269 Plaintiff's Motion for Order to Show Cause. Upon reviewing the motion and response, and noting the absence of a reply filed by the Plaintiff, Plaintiff is hereby ORDERED to file a reply to the pending motion that includes a response to Defendant's request for modification of the consent decree and/or mediation to determine Defendant's ability to satisfy the monetary aspects of the judgment. Plaintiff's reply/response shall be filed no later than fifteen (15) days from the date of this Order. Docket Order Signed by Magistrate Judge Edwin G. Torres on 05/22/2007. (EGT) (Entered: 05/22/2007)
278 REPLY to Response to Motion re 269 Plaintiff's MOTION for Order to Show Cause Why Defendant Should Not Be Held In Contempt (For Violating Court−Ordered Consent Decree) and Supporting Memorandum of Law AND Response to Defendant's 282 Motion for Modification of Consent Decree filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Cooper, Cheryl) Modified to add linkage to Motion for Modification on 6/19/2007 (wc). (Entered: 06/12/2007)
279 Defendant's MOTION for Extension of Time to File Reply to Plaintiff's Response to Defendant's 282 Motion for Modification of Consent Decree by Federated Financial Services, Inc.. (Whitelock, Christopher) Modified to add linkage to motion on 6/19/2007 (wc). (Entered: 06/18/2007)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 23 of 35

06/18/2007 06/18/2007
06/29/2007 07/03/2007 08/03/2007 08/03/2007 08/28/2007
09/10/2007 09/20/2007 09/20/2007 09/26/2007 09/26/2007 09/26/2007 10/05/2007 12/05/2007

280 ORDER granting 279 Defendant's Motion for Extension of Time to Reply re 282 Plaintiff's MOTION for Modification of Consent Decree. Defendant's Reply shall be filed by 6/29/2007. Docket Order Signed by Magistrate Judge Edwin G. Torres on 06/18/2007. (EGT) Modified motion relationship on 6/19/2007 (wc). (Entered: 06/18/2007)
281 Administrative Order. Defendant's counsel Charles Whitelock, Esq. is not currently counsel of record on the docket in this case at least for CM/ECF purposes. Accordingly Defendant's counsel shall file forthwith a notice of appearance and/or make any other arrangements with the Clerk of the Court to assure that counsel is noted as counsel of record in the case and capable of receiving electronic notices through the Court's docketing system. Docket Order Signed by Magistrate Judge Edwin G. Torres on 06/18/2007.(EGT) (Entered: 06/18/2007)
283 REPLY to Response to Motion re 282 MOTION to Amend/Correct 266 Order filed by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 06/29/2007)
Notice of Undeliverable Mail re 280 Order on Motion for Extension of Time to File Response/Reply,, 281 Administrative Order,, US Mail returned for: return to sender not deliverasble as addressed unable to forward for: Jason Lucas Gunter (rb) (Entered: 07/03/2007)
284 Plaintiff's MOTION to Extend Jurisdiction Over Court−Ordered Consent Decree by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 08/03/2007)
285 ORDER REFERRING MOTION to Magistrate Judge Edwin G. Torres 284 Plaintiff's MOTION to Extend Jurisdiction Over Court−Ordered Consent Decree filed by Equal Employment Opportunity Commission.Signed by Judge Joan A. Lenard on 8/3/07.(lc1) (Entered: 08/03/2007)
286 ORDER re 284 Plaintiff's MOTION to Extend Jurisdiction Over Court−Ordered Consent Decree filed by Equal Employment Opportunity Commission. Upon review of the record, no response to this pending motion has been filed. Accordingly, defendant/respondent is ORDERED TO SHOW CAUSE within ten days of the date of this Order why Plaintiff's pending Motion should not be granted, as per S.D. Fla. Local R. 7.1. Docket Order Signed by Magistrate Judge Edwin G. Torres on 08/28/2007.(EGT) (Entered: 08/28/2007)
287 RESPONSE To Order To show Cause and Motion for Extension of Time to Respond to EEOC'S Motion to Extend Jurisdiction Over Court−Ordered Consent Decree filed by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 09/10/2007)
Notice of Undeliverable Mail re 286 Order, US Mail returned for: return to sender attemped not known unable to forward for: Jason Lucas Gunter (rb) (Entered: 09/20/2007)
288 RESPONSE in Opposition re 284 Plaintiff's MOTION to Extend Jurisdiction Over Court−Ordered Consent Decree filed by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 09/20/2007)
289 Unopposed MOTION for Extension of Time to File Reply as to 288 Response in Opposition to Motion by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 09/26/2007)
290 ORDER granting 289 Plaintiff's Motion for Extension of Time to Reply. EEOC's Reply shall be filed by October 5, 2007. Docket Order Signed by Magistrate Judge Edwin G. Torres on 09/26/2007. (EGT) (Entered: 09/26/2007)
Set/Reset Deadlines as to 284 Plaintiff's MOTION to Extend Jurisdiction Over Court−Ordered Consent Decree. Replies due by 10/5/2007. (See 290 ) (wc) (Entered: 09/27/2007)
291 REPLY to Response to Motion re 284 Plaintiff's MOTION to Extend Jurisdiction Over Court−Ordered Consent Decree filed by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 10/05/2007)
292 ORDER granting in part 269 EEOC's Motion for Order to Show Cause (or Alternative Relief) and ordering Defendant's compliance with discovery requests; ORDER deferring 282 Defendant's Motion to Amend/Correct Consent Decree. Signed by Magistrate Judge Edwin G. Torres on 12/05/2007. (EGT) Modified Action Code on 282 on 12/6/2007 (wc).

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 24 of 35

12/05/2007 12/20/2007 12/20/2007 12/20/2007 01/07/2008
01/18/2008 01/23/2008 02/06/2008 02/07/2008
02/14/2008 02/14/2008
02/14/2008 02/28/2008 02/28/2008 02/28/2008

(Entered: 12/05/2007)
293 REPORT AND RECOMMENDATIONS re 284 Plaintiff's MOTION to Extend Jurisdiction Over Court−Ordered Consent Decree; Recommending Motion be Granted; Objections to R&R due by 12/19/2007. Signed by Magistrate Judge Edwin G. Torres on 12/05/2007.(EGT) (Entered: 12/05/2007)
294 Joint MOTION for Extension of Time to File Response /to Extend Deadline in the Magistrate's December 5, 2007 Order on EEOC's Motion to Enforce Court−Ordered Consent Decree by Equal Employment Opportunity Commission. (Whitelock, Christopher) (Entered: 12/20/2007)
295 NOTICE of Attorney Appearance by Christopher John Whitelock on behalf of Federated Financial Services, Inc. (Whitelock, Christopher) (Entered: 12/20/2007)
296 ORDER granting 294 Joint Motion for Extension of Time to Schedule Deposition, as ordered on December 5, 2007 292 . The deposition shall be scheduled by the time period requested in the motion, January 25, 2008. Docket Order Signed by Magistrate Judge Edwin G. Torres on 12/20/2007. (EGT) (Entered: 12/20/2007)
297 ORDER granting 284 Motion to Extend Jurisdiction over Court−Ordered Consent Decree, adopting 293 Report and Recommendations. Having independently reviewed the record and the Magistrate's Report, and no Objections having been filed, it is ORDERED AND ADJUDGED that the United States Equal Employment Opportunity Commission's Motion to Extend Jurisdiction Over Court−Ordered Consent Decree is hereby GRANTED. The Court's jurisdiction is hereby extended through February 29, 2008. This entry constitutes the ENDORSED Order in its entirety. Signed by Judge Joan A. Lenard on 1/7/08. (lc1) (Entered: 01/07/2008)
298 Defendant's MOTION for Protective Order /Confidentiality Order by Federated Financial Services, Inc.. (Attachments: # 1)(Whitelock, Christopher) (Entered: 01/18/2008)
299 ORDER granting 298 Motion for Protective Order Signed by Magistrate Judge Edwin G. Torres on January 22, 2008. (lc1) Modified signature date on 1/24/2008 (wc). (Entered: 01/23/2008)
300 Defendant's MOTION to Compel Discovery and/or to Exclude Witnesses and Evidence by the EEOC with Incorporated Memorandum of Law by Federated Financial Services, Inc.. Responses due by 2/21/2008 (Whitelock, Christopher) (Entered: 02/06/2008)
301 ORDER REFERRING MOTION to Magistrate Judge Edwin G. Torres 300 Defendant's MOTION to Compel Discovery and/or to Exclude Witnesses and Evidence by the EEOC with Incorporated Memorandum of Law filed by Federated Financial Services, Inc. This entry constitutes the ENDORSED Order in its entirety.Signed by Judge Joan A. Lenard on 2/7/08.(lc1) (Entered: 02/07/2008)
302 Unopposed MOTION for Extension of Time to File Contempt Pleading by Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 02/14/2008)
303 ORDER granting 302 EEOC's Motion for Extension of Time to File Supplemental Contempt Papers, for the time period requested in the Motion. Additionally, the time for the EEOC to respond to Defendant's pending motion to compel is also extended for two additional weeks. Docket Order Signed by Magistrate Judge Edwin G. Torres on 02/14/2008. (EGT) (Entered: 02/14/2008)
304 NOTICE of Substitution of Counsel by Maria Kate Boehringer on behalf of Equal Employment Opportunity Commission (Boehringer, Maria) (Entered: 02/14/2008)
305 Sealed Document. (vjk) Modified on 2/29/2008 (vjk) UNSEALED see DE 326 . Modified Text on 10/8/2009 (ra1). (Entered: 02/29/2008)
306 Sealed Document. (vjk) (Entered: 02/29/2008)
326 UNSEALED MOTION for Permission to File Under Seal by Equal Employment Opportunity Commission. (ra1) (previously filed as 305 sealed document) Modified text on 11/30/2009 (mr1). (Entered: 10/08/2009)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 25 of 35

03/05/2008 03/12/2008 03/24/2008 03/25/2008 03/28/2008 04/04/2008 04/04/2008 04/22/2008 04/22/2008
04/22/2008

307 RESPONSE in Opposition re 300 Defendant's MOTION to Compel Discovery and/or to Exclude Witnesses and Evidence by the EEOC with Incorporated Memorandum of Law filed by Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 03/05/2008)
308 REPLY to Response to Motion re 300 Defendant's MOTION to Compel Discovery and/or to Exclude Witnesses and Evidence by the EEOC with Incorporated Memorandum of Law and Response to Plaintiff's Motion for Extension of Time to Respond to Plaintiff's Motion for Three Month Extension of Consent Decree filed by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 03/12/2008)
309 Defendant's MOTION for Extension of Time to File Reply to Plaintiff EEOC'S Response in Opposition to Defendant's Motion to Compel Discovery and/or to Exclude Witnesses and Motion for Extension of Time to Respond to Plaintiff's Motion for Three Month Extension of Consent Decree by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 03/24/2008)
310 ORDER granting 309 Defendant's Consolidated Motion for Extension of Time to Reply re 300 Defendant's MOTION to Compel Discovery and/or to Exclude Witnesses and Evidence by the EEOC, and Motion for Extension of Time to Respond to EEOC's Motion for Three Month Extension of Consent Decree. Defendant's Reply and Response are now due by 3/31/2008. Docket Order Signed by Magistrate Judge Edwin G. Torres on 03/25/2008. (EGT) (Entered: 03/25/2008)
311 Defendant's MOTION for Extension of Time to File /Conduct Settlement Discussions by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 03/28/2008)
312 RESPONSE in Opposition re 284 Plaintiff's MOTION to Extend Jurisdiction Over Court−Ordered Consent Decree , Supplemental Response to Defendant's Motion for Modification of Consent Decree and Incorporated Motion for Three Month Extension of Consent Decree filed by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 04/04/2008)
313 REPLY to Response to Motion re 300 Defendant's MOTION to Compel Discovery and/or to Exclude Witnesses and Evidence by the EEOC with Incorporated Memorandum of Law filed by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 04/04/2008)
314 ORDER granting nunc pro tunc 311 Defendant's Motion for Extension of Time to File Response, through April 4, 2008. Docket Order Signed by Magistrate Judge Edwin G. Torres on 04/22/2008. (EGT) (Entered: 04/22/2008)
315 ORDER denying without prejudice 300 Defendant's Motion to Compel Discovery and/or Exclude Witnesses. The primary issue raised in Defendant's motion, the identification of any additional fact or expert witnesses that the EEOC intends to rely upon, is largely moot based upon the representations contained in the EEOC's response to this pending motion. The EEOC identified the witnesses it believed had knowledge of the remaining issues involved between the parties, and specifically disclaimed retention of any testifying expert witness on its behalf. Therefore, the thrust of the motion has been satisfied with that representation. And because the Court is treating the response as that representation, the EEOC is bound to timely disclose its retention of a testifying expert in this matter to the Defendant in order for narrow discovery to be conducted from that expert. To the extent the motion is requesting additional information, the Court agrees that the motion was premature at the time of its filing based upon the fact the EEOC had not yet staked out its position with respect to renewing the motion for contempt. Upon review of any such renewal, the Court will in the first instance determine if an evidentiary hearing is required, and only then determine, either sua sponte or upon request of the parties, that supplemental discovery be undertaken by either party. Therefore, on the record available to the undersigned and based on the reasons cited in the pending motion, the Court will not enter an order compelling any discovery at this time, but again without prejudice to the issue being raised anew if necessary. Docket Order Signed by Magistrate Judge Edwin G. Torres on 04/22/2008. (EGT) (Entered: 04/22/2008)
316 CERTIFICATION AND ORDER TRANSFERRING CASE. This matter is before the undersigned Magistrate Judge, pursuant to Administrative Order No. 2007−68 that modifies the Magistrate Judge pairing plan for the Miami Division of this Court, together with Administrative Orders 2007−68 and 2008−9. Pursuant to these Administrative

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 26 of 35

09/09/2009 09/10/2009 09/23/2009 09/23/2009 09/23/2009 09/23/2009 09/23/2009 09/25/2009 10/06/2009
10/06/2009

Orders, the undersigned hereby certifies that, as of this date, the pending closed case previously assigned to me does not have any pending, fully briefed, referred motions before the undersigned. Accordingly, the case is ready for re−assignment. The Clerk of the Court is directed to reassign the case to the Honorable Joan A. Lenard's newly paired Magistrate Judge. Judge Edwin G. Torres no longer assigned to case. Docket Order Signed by Magistrate Judge Edwin G. Torres on 04/22/2008.(EGT) (Entered: 04/22/2008)
317 NOTICE (Stipulation) of Substitution of Counsel by Ivan Jac Reich on behalf of Linda Fleek, Sarah Hoffman, Brandy Wilcox, Taren Busick instead of prior counsel of record Andrew S. Henschel. (Reich, Ivan) (Entered: 09/09/2009)
Attorney Andrew Scott Henschel terminated. Notice of Termination delivered by US Mail to Andrew Henschel per DE 317 (tp) (Entered: 09/10/2009)
318 NOTICE by Linda Fleek, Sarah Hoffman, Brandy Wilcox, Taren Busick re 306 Sealed Document, 305 Sealed Document of Ripeness for the Entry of a Ruling on EEOC's Renewed Motions to Compel and Motion to Extend Jurisdiction, Both of Which Have Been Pending More Than 90 Days, and Memorandum of Law in Support (Attachments: # 1 Exhibit A − Federated Financial's Website)(Reich, Ivan) (Entered: 09/23/2009)
319 MOTION for Judgment − Final Deficiency − in Favor of Plaintiff−Intervenors and Against Defendant, Federated Financial Services, Inc., and Incorporated Memorandum of Law in Support by Linda Fleek, Sarah Hoffman, Brandy Wilcox, Taren Busick. (Attachments: # 1 Appendix proposed Final Deficiency Judgment in Favor of Plaintiff−Intervenors)(Reich, Ivan) (Entered: 09/23/2009)
320 NOTICE of Striking and Withdrawing Motion for Monetary Judgment in Favor of Plaintiff−Intervenors and Against Defendant, Federated Financial Services, Inc. [D.E. 319] and Appendix Thereto [D.E. 319−2] by Linda Fleek, Sarah Hoffman, Brandy Wilcox, Taren Busick (Reich, Ivan) (Entered: 09/23/2009)
321 MOTION for Judgment − Final Monetary − Against Defendant, Federated Financial Services, Inc., and Incorporated Memorandum of Law in Support by Linda Fleek, Sarah Hoffman, Brandy Wilcox, Taren Busick. (Attachments: # 1 Appendix proposed Final Monetary Judgment)(Reich, Ivan) (Entered: 09/23/2009)
322 NOTICE of Striking and WITHDRAWAL of Motion by Linda Fleek, Sarah Hoffman, Brandy Wilcox, Taren Busick re 319 MOTION for Judgment − Final Deficiency − in Favor of Plaintiff−Intervenors and Against Defendant, Federated Financial Services, Inc., and Incorporated Memorandum of Law in Support filed by Linda Fleek, Sarah Hoffman, Taren Busick, Brandy Wilcox filed by Linda Fleek, Sarah Hoffman, Brandy Wilcox, Taren Busick. [See Image at DE #320](ls) (Entered: 09/25/2009)
323 Clerks Notice to Filer re 320 Notice of Striking,. Wrong Event Selected; ERROR − The Filer selected the wrong event. The document was re−docketed by the Clerk, see [de#322]. It is not necessary to refile this document. Document Not Linked; ERROR − The Filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 09/25/2009)
324 REPORT AND RECOMMENDATIONS re 269 Plaintiff United States Equal Employment Opportunity Commission's ("EEOC") Motion to Enforce Court−Ordered Consent Decree and for Order to Show Cause Why Defendant Should not be Held in Contempt; [DE 275] Defendant Federated Financial Services, Inc.'s Motion for Modification of Consent Decree; and [DE 306, filed under seal] EEOC's Motion for Three−Month Extension of Consent Decree. The Court recommends that the EEOC's Motion to Enforce Court−Ordered Consent Decree be GRANTED while the Defendant's Motion to Modify the Consent Decree be DENIED. Additionally, the Court recommends that the EEOC's motion for extension of the Consent Decree be GRANTED IN PART and the Consent Decree be extended for an additional sixty (60) days. Finally, the Court Orders the EEOC and Plaintiffs−Intervenors to jointly file a notice advising the Court of the amount in which a final judgment should be entered (as discussed in the Report and Recommendation), within fifteen (15) days of today's date. Objections to R&R due by 10/26/2009. Signed by Magistrate Judge Edwin G. Torres on 10/06/2009. (aed) (Entered: 10/06/2009)
325 ORDER GRANTING 305 Sealed Document, which is Plaintiff EEOC's Motion for Permission to File Under Seal. The Clerk is directed to file Docket Entry 306, titled

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 27 of 35

10/16/2009 10/16/2009 10/19/2009
10/28/2009 10/28/2009 11/10/2009 11/12/2009
01/25/2010 01/25/2010 02/25/2010

"Plaintiff EEOC's Supplement to EEOC's Motion to Enforce Court−Ordered Consent Decree, Supplemental Response to Defendant's Motion for Modification of Consent Decree, and Incorporated Motion for Three Month Extension of Consent Decree," under seal. However, the Clerk is directed to remove the sealed designation from Docket Entry 305 which is the EEOC's motion requesting permission to file the Supplement under seal. Docket Order signed by Magistrate Judge Edwin G. Torres on 10/6/2009. (aed) (Entered: 10/06/2009)
327 NOTICE by Taren Busick, Equal Employment Opportunity Commission, Linda Fleek, Sarah Hoffman, Brandy Wilcox Joint Notice of Amount of Judgment (Reich, Ivan) (Entered: 10/16/2009)
328 MOTION for Entry of Final Order and Judgment to Adopt re 324 REPORT AND RECOMMENDATIONS by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox. (Attachments: # 1 Exhibit A − Proposed Final Monetary Judgment)(Reich, Ivan) Modified on 10/19/2009 (ls). (Entered: 10/16/2009)
329 Clerks Notice to Filer re 328 MOTION re 306 Sealed Document for Entry of Final Order and Judgment. Filer Selected the Wrong Motion Relief(s); ERROR − The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. Incorrect Document Link; ERROR − The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 10/19/2009)
330 RESPONSE to Motion re 324 REPORT AND RECOMMENDATIONS re 273 Order Referring Case to Magistrate Judge, 275 Response in Opposition to Motion, filed by Federated Financial Services, Inc. filed by Federated Financial Services, Inc. Replies due by 11/9/2009. (Whitelock, Christopher) Modified text on 10/29/2009 (tp). (Entered: 10/28/2009)
331 Third Party MOTION to Strike 330 Response to Motion,,, Report and Recommendation (D.E. 324) by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox. Responses due by 11/16/2009 (Reich, Ivan) (Entered: 10/28/2009)
332 RESPONSE to Motion re 331 Third Party MOTION to Strike 330 Response to Motion,,, Report and Recommendation (D.E. 324) filed by Federated Financial Services, Inc.. Replies due by 11/23/2009. (Whitelock, Christopher) (Entered: 11/10/2009)
333 ORDER REFERRING 331 Plaintiff−Intervenors' Motion to Strike and 328 Plaintiff−Intervenors' Motion for Entry of Final Order and Judgment to Magistrate Judge Edwin G. Torres for a Supplemental Report and Recommendation. On October 6, 2009, the Magistrate Judge issued a Report and Recommendation 324 , indicating Plaintiff−Intervenors were entitled to an award of final judgment and ordering the EEOC and Plaintiff−Intervenors to file a joint notice with the proper amount of judgment. The Parties have since filed their responses to the Report but also seek relief not addressed in the Report, such as: (1) interest accruing since February 21, 2005; (2) an Order to Show Cause why Defendant should not be held in contempt; (3) an Order compelling Defendant to comply with the Consent Decree; (4) an Order compelling Defendant to pay interest; (5) an Order compelling Defendant to pay the EEOC's costs; and (6) an Order finding Defendant in contempt. Accordingly, it is ORDERED AND ADJUDGED that this matter is referred to the Magistrate Judge for a Supplemental Report and Recommendation. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/12/2009. (mhz) (Entered: 11/12/2009)
334 REPORT AND RECOMMENDATIONS re 328 Plaintiff−Intervenors' Motion for Entry of Final Order and Judgment, recommending that the motion be Granted in part and Denied in part. Objections to R&R due by 2/11/2010. Signed by Magistrate Judge Edwin G. Torres on 1/25/2010. (aed) (Entered: 01/25/2010)
335 ORDER denying 331 Plaintiff−Intervenors' Motion to Strike. Signed by Magistrate Judge Edwin G. Torres on 1/25/2010. (aed) (Entered: 01/25/2010)
336 OMNIBUS ORDER ADOPTING 334 Report and Recommendation, GRANTING IN PART AND DENYING IN PART 328 Plaintiff−Intervenors' Motion for Entry of Final Order and Judgment, ADOPTING 324 Report and Recommendation, GRANTING IN

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 28 of 35

03/01/2010 03/01/2010 03/01/2010 03/01/2010 03/01/2010 03/01/2010
03/03/2010 03/03/2010 03/04/2010 03/05/2010 03/19/2010 03/19/2010
03/22/2010 04/05/2010 04/05/2010 04/06/2010 04/06/2010 04/07/2010

PART 269 EEOC's Motion to Enforce Consent Decree, DENYING 275 Defendant's Motion for Modification of Consent Decree, GRANTING IN PART 306 EEOC's Motion for Extension of Consent Decree, and ENTERING final judgment against Defendant Federated Financial Services, Inc. Signed by Judge Joan A. Lenard on 2/25/2010. (mhz) (Entered: 02/25/2010)
337 Sealed Document. (vt) UNSEALED see DE 347 Modified on 3/22/2010 (nc). (Entered: 03/01/2010)
338 Sealed Document. (vt) UNSEALED see DE 348 Modified on 3/22/2010 (nc). (Entered: 03/01/2010)
339 Sealed Document. (vt)UNSEALED see DE 349 Modified on 3/22/2010 (nc). (Entered: 03/01/2010)
347 UNSEALED EX−PARTE MOTION to Seal Court Papers by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox. (nc) (previously filed as 337 sealed document) Modified on 3/22/2010 (nc). (Entered: 03/22/2010)
348 UNSEALED EX−PARTE MOTION for Writ of Garnishment by Sarah Hoffman,Taren Busick,Lynda Fleek and Brandy Wilcox (nc)(previously filed as 338 sealed document) Modified on 3/22/2010 (nc). (Entered: 03/22/2010)
349 UNSEALED WRIT OF GARNISHMENT issued as to Garnishee Bank of America in the amount of $162,760.93 re: 348 Motion for Writ of Garnishment filed by Linda Fleek, Sarah Hoffman, Taren Busick, Brandy Wilcox. Filing Fee $100.00 Receipt# 548783 (nc) (previously filed as 339 sealed document) Modified on 3/22/2010 (nc). (Entered: 03/22/2010)
340 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Taking Deposition Duces Tecum in Aid of Execution (Reich, Ivan) (Entered: 03/03/2010)
341 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Taking Deposition Duces Tecum in Aid of Execution (FFS, Inc.) (Reich, Ivan) (Entered: 03/03/2010)
342 ANSWER to Writ of Garnishment Served March 1, 2010 and Demand for Attorneys' Fees by Bank of America, N.A.. (Haley, James) (Entered: 03/04/2010)
343 CERTIFICATE OF SERVICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 342 Answer to Writ of Garnishment (Reich, Ivan) (Entered: 03/05/2010)
344 FINAL JUDGMENT. Signed by Judge Joan A. Lenard on 3/19/2010. (mhz) (Entered: 03/19/2010)
345 ORDER denying without prejudice Ex Parte Motion for Entry of Writ of Garnishment (D.E. 338) and denying Ex Parte Motion to Seal. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/19/2010. (mhz) (Entered: 03/19/2010)
346 ORDER directing Clerk to unseal D.E. 337, 338, and 339, per Court's March 19, 2010, Order (D.E. 345). This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/22/2010. (mhz) (Entered: 03/22/2010)
350 MOTION for Writ by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox. Responses due by 4/22/2010 (Attachments: # 1 Writ of Garnishment)(Reich, Ivan) (Entered: 04/05/2010)
351 NOTICE of Striking 350 MOTION for Writ filed by Linda Fleek, Sarah Hoffman, Taren Busick, Brandy Wilcox by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox (Reich, Ivan) (Entered: 04/05/2010)
352 MOTION for Writ of Garnishment by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox. Responses due by 4/23/2010 (lbc) (Entered: 04/06/2010)
353 WRIT of Garnishment issued − Bank of America (lbc) (Entered: 04/06/2010)
354 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Postponement and Re−Notice of Taking Deposition Duces Tecum in Aid of Execution (Reich, Ivan)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 29 of 35

04/08/2010 04/08/2010 04/09/2010 04/12/2010 04/12/2010
04/12/2010 04/14/2010 04/16/2010 04/16/2010 04/20/2010 04/20/2010 04/23/2010 04/23/2010 04/26/2010 04/26/2010
05/03/2010
05/06/2010 05/07/2010 05/07/2010

(Entered: 04/07/2010)
355 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 340 Notice (Other) of Cancellation of Deposition Duces Tecum in Aid of Execution of Bank of America (Reich, Ivan) (Entered: 04/08/2010)
356 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 354 Notice (Other) Second Re−Notice of Taking Deposition Duces Tecum in Aid of Execution (as to time only on May 19, 2010) (Reich, Ivan) (Entered: 04/08/2010)
357 NOTICE to Take Deposition of Bank of America, N.A. by Linda Fleek.(Reich, Ivan) (Entered: 04/09/2010)
358 ANSWER to Writ of Garnishment by Bank of America, N.A.. (Haley, James) (Entered: 04/12/2010)
359 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Serving Motion for Entry of Writ of Garnishment, Writ of Garnishment, and Answer to Writ of Garnishment Served April 7, 2010 and Demand for Attorneys' Fees (Reich, Ivan) (Entered: 04/12/2010)
360 WRIT of Garnishment Returned Executed − Bank Of America (lbc) (Entered: 04/12/2010)
361 NOTICE to Take Deposition of Bank of America by Linda Fleek.(Reich, Ivan) (Entered: 04/14/2010)
362 NOTICE to Take Deposition of Person with Most Knowledge and President of Federated Financial Services, Inc. by Linda Fleek.(Reich, Ivan) (Entered: 04/16/2010)
363 Writ of Execution Issued (lbc) (Entered: 04/19/2010)
364 NOTICE of Attorney Appearance by Tony Andre on behalf of Bank of America, N.A. (Andre, Tony) (Entered: 04/20/2010)
365 MOTION for Protective Order by Bank of America, N.A.. (Attachments: # 1 Exhibit A)(Andre, Tony) (Entered: 04/20/2010)
366 NOTICE by Bank of America, N.A. re 365 MOTION for Protective Order (Andre, Tony) (Entered: 04/23/2010)
367 ORDER REFERRING 365 Bank of America, N.A.'s Motion for Protective Order to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/23/2010. (mhz) (Entered: 04/23/2010)
368 ENDORSED ORDER deeming moot 365 Motion for Protective Order in light of withdrawal of Motion. See 366 .. Signed by Magistrate Judge William C. Turnoff on 4/26/2010. (mao)0220v (Entered: 04/26/2010)
369 MOTION to Amend/Correct 336 Order on Motion for Judgment, Order Adopting Report and Recommendations, Order on Motion to Adopt/Join,,,,,,,,, to extend dates in Order by 90 days by Equal Employment Opportunity Commission. Responses due by 5/13/2010 (O'Brien, Michael) (Entered: 04/26/2010)
370 RESPONSE in Opposition re 369 MOTION to Amend/Correct 336 Order on Motion for Judgment, Order Adopting Report and Recommendations, Order on Motion to Adopt/Join,,,,,,,,, to extend dates in Order by 90 days MOTION to Amend/Correct 336 Order on Motion for Judgment, Order Adopting Report and Recommendations, Order on Motion to Adopt/Join,,,,,,,,, to extend dates in Order by 90 days filed by Federated Financial Services, Inc.. (Whitelock, Christopher) (Entered: 05/03/2010)
371 MOTION for Judgment Final Judgment of Garnishment by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox. (Reich, Ivan) (Entered: 05/06/2010)
SYSTEM ENTRY − Docket Entry 372 [misc] restricted/sealed until further notice. (nc) (Entered: 11/08/2018)
SYSTEM ENTRY − Docket Entry 373 [misc] restricted/sealed until further notice. (nc) (Entered: 11/08/2018)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 30 of 35

05/12/2010 05/12/2010 05/13/2010
05/13/2010 05/14/2010 05/14/2010 05/17/2010 05/18/2010
05/18/2010 05/19/2010 05/19/2010 05/19/2010
05/19/2010 05/24/2010 05/24/2010 05/24/2010 05/24/2010 05/24/2010 05/24/2010

374 MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission. Responses due by 6/1/2010 (Golson, Aarrin) (Entered: 05/12/2010)
375 NOTICE of Attorney Appearance by Aarrin Benatra Golson on behalf of Equal Employment Opportunity Commission (Golson, Aarrin) (Entered: 05/12/2010)
376 ORDER granting 374 EEOC's Motion to Withdraw as Attorney. Attorneys Maria Kate Boehringer and Nora E. Curtin are withdrawn as attorneys of record for Plaintiff EEOC and attorney Aarrin Golson is hereby substituted as counsel. Attorneys Maria Kate Boehringer and Nora E. Curtin terminated. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/13/2010. (mhz) (Entered: 05/13/2010)
377 Writ of Execution Returned s to Federated Financial Services, Inc. (tp) (Entered: 05/14/2010)
378 ORDER denying 369 EEOC's Motion to Extend the Dates in the Court's February 26, 2010, Order an Additional 90 Days. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/14/2010. (mhz) (Entered: 05/14/2010)
SYSTEM ENTRY − Docket Entry 380 [misc] restricted/sealed until further notice. (nc) (Entered: 11/08/2018)
379 NOTICE of Attorney Appearance by Lisa Monica Schiller on behalf of Federated Financial Services, Inc. (Schiller, Lisa) (Entered: 05/17/2010)
381 NOTICE to Take Deposition of Fourth Re−Notice of Taking Deposition Duces Tecum in Aid of Execution of the President and the Person with Most Knowledge of the Financial Affairs of Defendant/Judgment Debtor Federated Financial Services, Inc. by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox.(Reich, Ivan) (Entered: 05/18/2010)
382 MOTION to Withdraw as Attorney Kenneth Lawrence Gillespie by Equal Employment Opportunity Commission. Responses due by 6/4/2010 (Golson, Aarrin) (Entered: 05/18/2010)
Attorney Christopher John Whitelock representing Federated Financial Services, Inc. (Defendant) Activated. (Whitelock, Christopher) (Entered: 05/19/2010)
383 MOTION to Withdraw as Attorney for Defendant, Federated Financial Services, Inc. by Christopher J. Whitelock. by Federated Financial Services, Inc.. Responses due by 6/7/2010 (Whitelock, Christopher) (Entered: 05/19/2010)
384 ORDER granting 382 EEOC's Motion to Withdraw as Attorney. Attorney Kenneth Lawrence Gillespie is withdrawn as attorney of record for Plaintiff EEOC. Attorney Kenneth Lawrence Gillespie terminated. Notice of Termination delivered by US Mail to Kenneth Gillespie. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/19/2010. (mhz) (Entered: 05/19/2010)
385 MOTION to Withdraw as Attorney for Defendant, Federated Financial Services, Inc. by Lisa M. Schiller. by Federated Financial Services, Inc.. Responses due by 6/7/2010 (Whitelock, Christopher) (Entered: 05/19/2010)
386 Sealed Document. (vt) (Entered: 05/24/2010)
389 Sealed Document. (vt) (Entered: 05/24/2010)
SYSTEM ENTRY − Docket Entry 387 [misc] restricted/sealed until further notice. (nc) (Entered: 11/08/2018)
SYSTEM ENTRY − Docket Entry 388 [misc] restricted/sealed until further notice. (nc) (Entered: 11/08/2018)
SYSTEM ENTRY − Docket Entry 390 [misc] restricted/sealed until further notice. (nc) (Entered: 11/08/2018)
SYSTEM ENTRY − Docket Entry 391 [misc] restricted/sealed until further notice. (nc) (Entered: 11/08/2018)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 31 of 35

05/26/2010 05/26/2010 05/26/2010 06/01/2010
06/02/2010
06/02/2010 06/02/2010 06/03/2010 06/03/2010 06/04/2010
06/04/2010
06/07/2010 06/07/2010 06/07/2010

392 Sealed Document. (vt) (Entered: 05/26/2010)
394 ORDER REFERRING 371 Plaintiff−Intervenors' Motion for Final Judgment of Garnishment to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/26/2010. (mhz) (Entered: 05/26/2010)
SYSTEM ENTRY − Docket Entry 393 [misc] restricted/sealed until further notice. (nc) (Entered: 11/08/2018)
395 ORDER denying without prejudice 383 Motion to Withdraw as Attorney and 385 Motion to Withdraw as Attorney. As a corporate entity, Defendant Federated Financial Services, Inc. is prohibited from proceeding without counsel. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). Because a corporation cannot appear pro se, but can only act through agents, id., it is ORDERED AND ADJUDGED that the motions to withdraw as Defendant's counsel 383 385 are DENIED without prejudice. Defendant is provided twenty (20) days from the date of this Order in which to file a notice that it has obtained new counsel. At such time, Christopher J. Whitelock and Lisa M. Schiller may re−file the instant motions. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/1/2010. (mhz) (Entered: 06/01/2010)
396 ORDER denying Motion to Seal (D.E. 386), Motion to Seal (D.E. 389), and Motion to Seal (D.E. 392), as Plaintiff−Intervenors have not set forth a reasonable basis for departing from the general policy of a public filing in accordance with Local Rule 5.4. Pursuant to Local Rule 5.4(C), the proposed filings shall be returned. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/2/2010. (mhz) (Entered: 06/02/2010)
397 NOTICE OF UNAVAILABILITY by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox for dates of 6/14/10 − 6/21/10 (Reich, Ivan) (Entered: 06/02/2010)
398 NOTICE by Federated Financial Services, Inc. of Defendant's Counsel's Notice of Withdrawal of Motion to Withdraw As Attorney of Record for Defendant, Federated Financial Services, Inc. (Whitelock, Christopher) (Entered: 06/02/2010)
399 NOTICE of Compliance with instructions to return docket entries 386,389 and 392 per de 396 Endorsed Order (nc) (Entered: 06/03/2010)
400 NOTICE of Hearing on Motion 371 MOTION for Judgment Final Judgment of Garnishment : Motion Hearing set for Tuesday, 7/6/2010 at 2:00 PM, 301 N. Miami Avenue, 11th Floor in Miami Division before Magistrate Judge William C. Turnoff. (lw1) (Entered: 06/03/2010)
401 AMENDED ORDER denying Motion to Seal (D.E. 386), Motion to Seal (D.E. 389), and Motion to Seal (D.E. 392), as Plaintiff−Intervenors have not set forth a reasonable basis for departing from the general policy of a public filing in accordance with Local Rule 5.4. Pursuant to Local Rule 5.4(C), the proposed filings (D.E. 387, 388, 390, 391, 393) shall be returned. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/4/2010. (mhz) (Entered: 06/04/2010)
402 MOTION by Federated Financial Services, Inc. to Dissolve Writs of Garnishment [DE #386−393] or Alternatively to Stay With Incorporated Memorandum of Law and Request for Expedited Hearing (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Whitelock, Christopher) Modified on 6/8/2010 (tp). Added MOTION to Stay, MOTION for Hearing on 6/8/2010 (tp). (Entered: 06/04/2010)
403 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Serving Ex−Parte Motion for Entry of Writ of Garnishment, Writ of Garnishment, and Answer of Garnishee and Demand for Payment of Attorneys' Fees (Attachments: # 1 Composite Exhibit "A")(Reich, Ivan) (Entered: 06/07/2010)
404 Renewed MOTION to Withdraw as Attorney by Lisa M. Schiller. by Federated Financial Services, Inc.. Responses due by 6/24/2010 (Schiller, Lisa) (Entered: 06/07/2010)
407 Amended ANSWER of Garnishee and Demand for Payment of Attorney's Fees by TD Bank N.A.. (lbc) (Entered: 06/10/2010)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 32 of 35

06/07/2010 06/08/2010 06/08/2010
06/13/2010
06/13/2010 06/13/2010 06/13/2010 06/13/2010 06/13/2010 06/13/2010 06/13/2010 06/13/2010 06/13/2010 06/13/2010 06/13/2010

408 MOTION for Appearance Pro Hac Vice, for Barry J. Glickman. Filing Fee $75.00. Receipt # 1−1837 (yc) (Entered: 06/10/2010)
405 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox Pursuant to Fla. Stat. 77.055, of Serving Ex−Parte Motion for Entry of Writ of Garnishment, Writ of Garnishment, and Amended Answer of Garnishee and Demand for Payment of Attorneys' Fees (Attachments: # 1 Exhibit Composite "A")(Reich, Ivan) (Entered: 06/08/2010)
406 Clerks Notice to Filer. Wrong Event Selected − Document is a Motion 402 ; ERROR − The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document.Motion with Multiple Reliefs Filed as One Relief; ERROR − The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tp) Modified on 6/8/2010 (tp). (Entered: 06/08/2010)
409 MOTION to Strike , and Response to Judgment Debtor, Federated Financial Services, Inc.'s Motion to Dissolve Writs of Garnishment [DE # 386−393] or Alternatively to Stay with Incorporated Memorandum of Law and Request for Expedited Hearing [DE #402] and Corresponding Motion and Incorporated Memorandum of Law Seeking Entry of Final Judgment of Garnishment by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox. Responses due by 6/30/2010 (Reich, Ivan) (Entered: 06/13/2010)
410 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits A − D (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Reich, Ivan) (Entered: 06/13/2010)
411 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Reich, Ivan) (Entered: 06/13/2010)
412 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit E, Part 2)(Reich, Ivan) (Entered: 06/13/2010)
413 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit E, Part 3)(Reich, Ivan) (Entered: 06/13/2010)
414 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit E, Part 4)(Reich, Ivan) (Entered: 06/13/2010)
415 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit E, Part 5)(Reich, Ivan) (Entered: 06/13/2010)
416 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit E, Part 6)(Reich, Ivan) (Entered: 06/13/2010)
417 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit E, Part 7)(Reich, Ivan) (Entered: 06/13/2010)
418 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit F, Part 1, # 2 Exhibit F, Part 2, # 3 Exhibit F, Part 3)(Reich, Ivan) (Entered: 06/13/2010)
419 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit F, Part 4, # 2 Exhibit F, Part 5, # 3 Exhibit F, Part 6)(Reich, Ivan) (Entered: 06/13/2010)
420 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit F, Part 7, # 2 Exhibit F, Part 8, # 3 Exhibit F, Part 9, # 4 Exhibit F, Part 10)(Reich, Ivan) (Entered: 06/13/2010)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 33 of 35

06/13/2010 06/13/2010 06/14/2010
06/14/2010 06/14/2010 06/14/2010 06/14/2010 06/14/2010 06/14/2010 06/14/2010 06/14/2010

421 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit Composite G, # 2 Exhibit H, # 3 Exhibit Composite I)(Reich, Ivan) (Entered: 06/13/2010)
422 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Exhibits to D.E. 409 (Attachments: # 1 Exhibit Composite J, # 2 Exhibit Composite K, # 3 Exhibit Composite L, # 4 Exhibit Composite M)(Reich, Ivan) (Entered: 06/13/2010)
423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Anthony Coleman, at Depositions in Aid of Execution , and Incorporated Memorandum of Law in Support of the Same by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox. Responses due by 7/1/2010 (Attachments: # 1 Exhibit Composite A, # 2 Exhibit B)(Reich, Ivan) (Entered: 06/14/2010)
424 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibts (Attachments: # 1 Exhibit C, # 2 Exhibit D)(Reich, Ivan) (Entered: 06/14/2010)
425 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibits (Attachments: # 1 Exhibit Composite E, Part 1)(Reich, Ivan) (Entered: 06/14/2010)
426 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibits (Attachments: # 1 Exhibit Composite E, Part 2)(Reich, Ivan) (Entered: 06/14/2010)
427 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibits (Attachments: # 1 Exhibit Composite E, Part 3)(Reich, Ivan) (Entered: 06/14/2010)
428 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibits (Attachments: # 1 Exhibit Composite E, Part 4)(Reich, Ivan) (Entered: 06/14/2010)
429 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibit (Attachments: # 1 Exhibit Composite E, Part 5)(Reich, Ivan) (Entered: 06/14/2010)
430 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibits (Attachments: # 1 Exhibit Composite E, Part 6, # 2 Exhibit Composite E, Part 7)(Reich, Ivan) (Entered: 06/14/2010)
431 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibits (Attachments: # 1 Exhibit F, Part 1, # 2 Exhibit F, Part 2, # 3 Exhibit F, Part 3)(Reich, Ivan) (Entered: 06/14/2010)

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 34 of 35

06/14/2010
06/14/2010
06/14/2010 06/14/2010
06/14/2010
06/14/2010 06/17/2010 06/17/2010 06/17/2010 06/18/2010 06/18/2010
06/18/2010 06/21/2010

432 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibits (Attachments: # 1 Exhibit F, Part 4, # 2 Exhibit F, Part 5, # 3 Exhibit F, Part 6)(Reich, Ivan) (Entered: 06/14/2010)
433 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibits (Attachments: # 1 Exhibit F, Part 7, # 2 Exhibit F, Part 8, # 3 Exhibit F, Part 9, # 4 Exhibit F, Part 10)(Reich, Ivan) (Entered: 06/14/2010)
434 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibits (Attachments: # 1 G, # 2 H, # 3 I)(Reich, Ivan) (Entered: 06/14/2010)
435 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Exhibits (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit Composite M)(Reich, Ivan) (Entered: 06/14/2010)
436 Second Amended Ex Parte MOTION to Appoint Receiver Post Judgment Over Defendant/Judgment Debtor, Federated Financial Services, Inc., and Incorporated Memorandum of Law by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox. Responses due by 7/1/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Reich, Ivan) Modified text on 6/15/2010 (tp). Added MOTION for Hearing on 6/15/2010 (tp). (Entered: 06/14/2010)
437 ORDER granting 408 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Joan A. Lenard on 06/14/10. (dp) (Entered: 06/14/2010)
438 ANSWER to Writ of Garnishment by Citibank N.A.. (lbc) (Entered: 06/17/2010)
439 MOTION for Attorney Fees by Citibank N.A.. Responses due by 7/6/2010 (lbc) (Entered: 06/17/2010)
440 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Service of Ex−Parte Motion for Entry of Writ of Garnishment, Writ of Garnishment, Answer of Garnishee, Citibank, N.A., to Writ of Garnishment, and Demand for Garnishee's Attorneys' Fees (Attachments: # 1 Exhibit Composite "A")(Reich, Ivan) (Entered: 06/17/2010)
441 ORDER granting 404 Attorney Lisa M. Schiller's Renewed Motion to Withdraw as Attorney. Attorney Lisa Monica Schiller terminated. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/18/2010. (mhz) (Entered: 06/18/2010)
442 ORDER REFERRING 402 Defendant Federated Financial's Motion to Dissolve Writs; 409 Plaintiff−Intervenors' Motion to Strike and Motion for Entry of Final Judgment of Garnishment; 423 Plaintiff−Intervenors' Motion to Compel; and 436 Plaintiff−Intervenors' Second Amended Motion for Post Judgment Appointment of Receiver to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/18/2010. (mhz) (Entered: 06/18/2010)
443 ORDER Directing Parties to File Certificates of Interested Parties. Signed by Judge Joan A. Lenard on 06/18/10. (dp) (Entered: 06/18/2010)
444 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox of Filing Supplemental Legal Authority to Their June 13, 2010 Motion to Strike Judgment Debtor's Motion to Dissolve Writ of Garnishment as Applicable to Writ of Garnishment Served

Case: 0:01-cv-7089 As of: 01/18/2020 04:40 PM EST 35 of 35

06/21/2010
06/22/2010 06/22/2010 06/23/2010 06/30/2010 07/01/2010
07/22/2010 01/11/2012

Upon Bank of America, N.A. [D.E. 409] and Their May 6, 2010 Motion for Final Judgment of Garnishment on the Writ of Garnishment Served Upon Bank of America, N.A. [D.E. 371] (Reich, Ivan) (Entered: 06/21/2010)
445 NOTICE by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox re 423 MOTION to Compel the Production of Documents Pursuant to a Subpoena Duces Tecum in Aid of Execution Directed Toward Judgment Debtor, and to Compel the Attendance of Judgment Debtor's President, Steven Miller, and Chief Financial Officer, Antho of Filing Supplemental Legal Authority (Reich, Ivan) (Entered: 06/21/2010)
446 MOTION for Protective Order Pursuant to Fed.R.Civ.P. 26(B)(1) and (C)(1) from Post Judgment Discovery by Judgment Debtor Against Them, and Incorporated Memorandum of Law by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox. (Attachments: # 1 Exhibit A)(Reich, Ivan) (Entered: 06/22/2010)
447 CERTIFICATE of Interested Party by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox (Reich, Ivan) (Entered: 06/22/2010)
448 ORDER REFERRING 446 Plaintiff−Intervenors' Motion for Protective Order to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/23/2010. (mhz) (Entered: 06/23/2010)
449 SETTLEMENT AGREEMENT Joint Motion to Approve Settlement Agreement by Taren Busick, Federated Financial Services, Inc., Linda Fleek, Sarah Hoffman, Brandy Wilcox (Attachments: # 1 Text of Proposed Order Agreed Order Approving Settlement Agreement)(Reich, Ivan) (Entered: 06/30/2010)
450 Endorsed Order Cancelling Hearing re 371 MOTION for Judgment Final Judgment of Garnishment. Motion Hearing previously set for Tuesday, 7/6/10 at 2:00 PM before Magistrate Judge William C. Turnoff is hereby CANCELED, in light of Motion for Approval of Settlement Agreement. Signed by Magistrate Judge William C. Turnoff on 7/1/2010. (lw1) (Entered: 07/01/2010)
451 ORDER APPROVING Settlement Agreement, GRANTING 449 Agreed Joint Motion to Approve Settlement Agreement, and DENYING WITHOUT PREJUDICE all pending motions. Signed by Judge Joan A. Lenard on 7/22/2010. (mhz) (Entered: 07/22/2010)
452 SATISFACTION OF JUDGMENT re 344 Judgment, 266 Order, 336 Order on Motion for Judgment, Order Adopting Report and Recommendations, Order on Motion to Adopt/Join,,,,,,,,, Satisfaction of Judgment, Consent Decree, Orders, Judgment Liens and Writs of Execution Against Defendant Federated Financial Services, Inc. by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox (Reich, Ivan) (Entered: 01/11/2012)