1-cv-04035-J EM

Document 1 Entered on FLSD Docket 10/01/2001,

0 1 .. 4 0 3 ~ IN THE UNITED STATES DISTRICT COURT

- GOLD. FOR

THE

SOUTHERN MIAMI

DISTRICT DivisioN

OF

FLtOA~ l v~T

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

l\1AGISTR.<\TE JUDGE Sl!\101\'TON
CIVIL ACTION NO.

V.

COMPLAINT

G.F.B. ENTERPRISES, LLC dlb/a LEXUS OF KENDALL,

JURY TRIAL DEMAND INJUNCTIVE RELIEF SOf.!GHT

Defendant.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race, national origin, and religion, and to provide appropriate relief to Avraham Mardo, Jesus Molina, Humfredo Perez, Felix Quevedo, and any other similarly situated individuals who were adversely affected by such practices. As stated with greater particularity in paragraph seven, the Equal Employment Opportunity Commission (hereinafter the "'EEOC" or "'Commission") alleges that Mr. Mardo, Mr. Molina, Mr. Perez, Mr. Quevedo, and other similarly situated individuals were subjected to harassment by management officials of Defendant because of their race (Black), national origin (Hispanic and Israeli) and religion (Jewish). The harassment was sufficiently severe and pervasive to create a hostile, intimidating work environment. The Commission further alleges that the conditions of Mr. Mardo's employment were made so intolerable by the hostile work environment that he was forced to resign.

1-cv-04035-J EM Document 1 Entered on FLSD Docket 10/01/2001 Pc
JURISDICTION AND VENUE I. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(1)( I) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(1)(1) and (J) ("Title VII") and Section 102 ofthe Civil Rights Actofl991,42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Florida, Miami Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(1)(1) and (3) ofTitle VII, 42 U.S.C. § 2000e-5(1)(1) and (3). 4. At all relevant times, Defendant, G.F.B. Enterprises, LLC d/b/a Lexus ofKendall (the "Employer"), has continuously been a Delaware corporation doing business in the State of Florida and the City ofMiami, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 70 I (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e-5(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Avraham Mardo, Jesus Molina, Humfredo Perez, and Felix Quevedo each filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

1-cv-04035-J EM Document 1 Entered on FLSD Docket 10/01/2001 Pc
7. Defendant Employer has engaged in unlawful employment practices at its Miami, Florida facility, in violation of Section 703(a)(l) ofTitle VII, 42 U.S.C. § 2000e-2(a).
a) Jesus Molina, Humfredo Perez, Felix Quevedo, and other similarly situated individuals were regularly subjected to racial and ethnic harassment by Terrence Bean, Defendant's owner's son, and Virgil Atkins, Director of Fixed Operations. This harassment consisted of unwelcome verbal comments which were sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The harassment included, but was not limited to, frequent, derogatory ethnic and racial slurs and jokes and consistent reference to Black and Hispanic employees as "niggers", "spies" and "wet backs."
b) Defendant Employer is liable for the unlawful harassment to which it subjected Jesus Molina, Humfredo Perez, Felix Quevedo, and any other similarly situated individuals during their employment.
c) Avraham Mardo and other similarly situated individuals, were regularly subjected to racial, ethnic and religious harassment by Terrence Bean and David Reckseit, Finance Manager, in the form of unwelcome verbal comments which were sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The harassment included, but was not limited to, frequent, derogatory ethnic, racial and religious slurs and reference to Mr. Mardo as "spic Jew" and "stupid Israeli."
d) Defendant Employer is liable for the unlawful harassment to which it subjected Avraham Mardo and any other similarly situated individuals during their employment.

1-cv-04035-J EM Document 1 Entered on FLSD Docket 10/01/2001 Pc
e) The continuous hostile work environment to which Defendant subjected Avraham Mardo made the conditions of his employment so intolerable that he was forced to resign.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Avraham Mardo, Jesus Molina, Humfredo Perez, and Felix Quevedo and other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of their race, national origin, and/or religion.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
I0. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Avraham Mardo, Jesus Molina, Humfredo Perez, and Felix Quevedo and any other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassment based on race, national origin, or religion and any other employment practice which discriminates on the basis of race, national origin, or religion. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for all its employees regardless of race, national origin or religion, which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Avraham Mardo, Jesus Molina, Humfredo Perez, Felix Quevedo, and any other similarly situated individuals, by providing appropriate back
4

1-cv-04035-J EM Document 1 Entered on FLSD Docket 10/01/2001 p
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, rightful place promotion and/or front pay.
D. Order Defendant Employer to make whole Avraham Mardo, Jesus Molina, Humfredo Perez, Felix Quevedo, and any other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, out of pocket losses, medical expenses and job search expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Avraham Mardo, Jesus Molina, Humfredo Perez, Felix Quevedo, and any other similarly situated individuals, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Avraham Mardo, Jesus Molina, Humfredo Perez, Felix Quevedo, and any other similarly situated individuals, punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
5

I
1-cv-04035-J EM Document 1 Entered on FLSD Docket 10/01/2001 ~~

I

Respectfully Submitted,

I
!

NICHOLAS M. INZEO Acting Deputy General Counsel

GWEJ-.i'DOLYN YOUNG REAMS Associate General Counsel

DELNER FRANKLIN-THOMAS Regional Attorney

MICHAEL FAJ3.RELL Supervis?_ry:.Thal Attorney
?J:/aL!L~
\{"ENNETlfCGILLESPIE Trial Attorney Florida Bar No. 0083054

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower, Suite 2700 Two South Biscayne Boulevard Miami, FL 33131-1805 Tel.: (305) 530-6006 or (305) 530-7100 Fax: (305) 536-4494

6

01 - l-

296 IR•v ' '
cv..-G403§,Jii.Mdthe

,

rli;)eG~CtIV.,~InLneltChemO~tVeEfiReeoSi@Hf;\Et fEibTS

Q

Uae~Letl9(l~\tM~~ e;_ LMf9Cl

I
We

by law except as provided by local rules of court Th1s form. approved by the Judictal Confer~o~fct e Unlt~l!i.T:~ft~~er 1974. is requred tc.r the.. use I

of the Clerk of Court for the purpose of tn1t1at1ng the CIVil docket sheet (SEE INSTRUCTIONS

R~E\j~l_r!j~

.

l.(a) PLAINTIFFS

DEFEND

•

· GlSTRAT2 J'.'~·':'f' j

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

G.F .B. ENTERPRISES, LLC d/b/a SllviOI\TC':'i LEXUS OF KENDALL

II. BASIS OF JURISDICTION

~ ~ U ~~a~~i~ernmar.t

..... _ Federal Ouest1on (U S Government Not a Party)

Ill. CITIZENSHIP OF PRINCIPAL PARTIES,e>ACEAN ,:.,ONEeO<FOHLAINT'~'~'

(For D1vers1ty Cases Only)

ANOQI\IE oox.FoR DE1='£N.DA~Tt

PTF DEF

. PTF DEF

Clttzen of This State

D 2 U S Government Defendant

o .J D1vers1ty (Indicate Crtizenshtp of Parties in Item Ill\

Crt1zen of Another State 0 2 0 2
Clt1zen or SUbject of a c J 0 -~ Foretgn Nat1on Fore1gn Country

IV. ORIGIN

~ 2 Removed from State Court

(PLACE AN "X' IN ONE BOX ONLY)

o 3 Remanded from Appellate Court

o 4 Reinstated or Reopened

Trans1erred from o 5 another distnct
1spec1fy)

c e Muttldistnct Litigation

=~ISViCI
o 1 Magistrale
Judgment

V. NATURE OF SUIT

0110 1nsurar1ce
0 120 Marrflo::>
0 130 Mrrrer A( I lJ 140 lO&gOhilltJ,e\rY>I:,.,rr.enl (J 150 Reccverv or O•er~aymE>nr
-!\ Entcrcemo>lll cJ_,ut;lg.,,;,nll

[] 151 t,IIMrcareAc.r

I

B[: 152 P<?Co•er> ut ['ei,;~,J;:o~

31uoen: L·J<>n'>

O:<cl ,lt'l,;;ran,

sO 153 ~:e-~r::o.er, '"ro,erp,;;· cl ·~&lerar, ~ B&n&l•l~
0 160 ST·x•noraer~ :ur:~
=C HIO Or~e· Ccnrracl 195 :.:..rrrra:l F··:·-o•,-;: u3t' '

PERSONAL INJURY
D 310 Aorplane D 315 Allplanf' Proou-:1
'~•<!.tll\li'J
D 320 Assaull Lrt>el& SlandeJ
L:J 330 Feoe~ar rr"Tlprc,e.rs LraDIIrh
:::3<40•ta'"''" ;::: 345 ~,Ia" ne ~·rca u-~ r
Lratlllrr,
S 350 Moror venrcre
8 355 MOI·JIVE'Ili(IE' ~rOOuc: l·at.. ~.l,
~ 360 •)rne.r ;:f'r~c.na: rn,r.

PERSONAL PROPERTY
:::; 370 Ot~er "'au:: C 371 '!'rutn•rrL;:>rr.Jrn-:;J
D 310 Diner Persvnar F-ropenyDamage
l: 3115 ;>rvpelly Damag,o. ~·rvoucr Lrat:llr:·.

A REAL PROPERTY

A CIVIL RIGHTS PRISONER PETITIONS

.::210c-<''_.:l:,."nJo;,n·r;wu' B~ 220 "·::1'-·-',c_-;·.,:~
:::::; 230 F-enr ce.3-:,'o'!;, Er~·~:rr,c·r ·
::..J240 TJriSKLa"-j 0 245 Tori ProduCT Lrat;rlrJ; 0 210 Art DT~er Rear ProN!Ily

C 875 customer CnallerJge i2 USC 3A'r0

0 811 Agrrculturar Acl~

~ 892 EcvnomrlSiabr:,iarrc-r t.;t

:::J IS3 En.rronrnenrar Mat:er~

1114 0

E~Erg•1 P.IIO·:at•Cl~ Act

::atsr:=n,l'clorr•ol rnlocmauonA--:

lJ 900 A.~pear C'' t:ee DererrrrnalrQr ,_,l'loer El!ual Ac:ces•.Tc· .'uSircf'

;::] 950 Con5tnulrOrJall!y·:r1 Stale S\atutes

0 ISO Orner Si.tTU10ry Actrcms A, OR 8

VII. REQUESTED IN COMPLAINT:

CHECK iF THIS IS A CLASS ACTION
0 UNDER F R c p 23

VIII. RELATED CASE(S) IF A.NY
DATE

DEMAND $

FOR OFFICE USE ONLY RECEIPT • - - - - - AMOUNT-----APPLYING rFP_ _ _ _ _ JUDGE

CHECK YES only~ demanded"' compla~nt·

JURY DEMAND: Q("<S

0 NO

DQCKE T ~-JUMBER

MAG JUDGE--------

 
 Case 1:01-cv-04035-JEM Document 30 Entered on FLSD Docket 03/13/2002 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 01-4035-CIV-SEITZ

UNITED STATES EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

G.F.B. ENTERPRISES, LLC., d/b/a

)

LEXUS OF KENDALL,

)

)

)

Defendants.

)

) ___________________________________!

JESUS MOLINA, HUMFREDO PEREZ,

)

FELIX QUEVEDO, AVRAHAM PARDO,

)

and SUSAN WEINBERG,

)

)

Plaintiff,

)

)

v.

)

)

)

G.F.B. ENTERPRISES, LLC., d/b/a

)

LEXUS OF KENDALL,

)

)

Defendants.

)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I

AMENDED COMPLAINT
JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

·:-;,c.. ·.,
..,"'l·cr- ~ , '

-

,. -· -o

~·S:.":. ~

\ 1,.0 ~ ~_.l,r;:,)

-....: ( ) I -~ ;·~

~0n NATURE OF THE ACTION

/"~ ~

This is an action under Title VII of the Civil Rights Act of 1964 and Tit! e I of the Civi I

1Y Rights Act of 1991, to correct unlawful employment practices on the basis of race, national origin, \

and religion, and to provide appropriate reliefto Avraham Mardo, Jesus Molina, Humfredo Perez,

Felix Quevedo, and any other similarly situated individuals who were adversely affected by such

Case 1:01-cv-04035-JEM Document 30 Entered on FLSD Docket 03/13/2002 Page 2 of 7

practices. As stated with greater particularity in paragraphs seven through ten, the Equal Employment Opportunity Commission (hereinafter the "EEOC" or "Commission") alleges that Mr. Mardo, Mr. Molina, Mr. Perez, Mr. Quevedo, and other similarly situated individuals were subjected to harassment by management officials of Defendant because oftheir race (Black), national origin (Hispanic and Israeli) and religion (Jewish). The harassment was sufficiently severe and pervasive to create a hostile, intimidating work environment. The Commission further alleges that the conditions of Mr. Mardo's employment were made so intolerable by the hostile work environment that he was forced to resign.

JURISDICTION AND VENUE

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

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

ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII") and 56

Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981A.

2.

The employment practices alleged to be unlawful were committed within the

jurisdiction ofthe United States District Court for the Southern District of Florida, Miami Division.

PARTIES

3.

Plaintiff, the United States Equal Employment Opportunity Commission, is the

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

enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(l) and

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

2

Case 1:01-cv-04035-JEM Document 30 Entered on FLSD Docket 03/13/2002 Page 3 of 7

4.

At all relevant times, Defendant, G.F.B. Enterprises, LLC d/b/a Lexus ofKendall (the

"Employer"), has continuously been a Delaware corporation doing business in the State of Florida

and the City of Miami, and has continuously had at least 15 employees.

5. At all relevant times, Defendant Employer has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of

Title VII, 42 U.S.C. §§ 2000e-5(b), (g) and (h).

STATEMENT OF CLAIMS

6.

More than thirty days prior to the institution of this lawsuit, Avraham Mardo, Jesus

Molina, Humfredo Perez, and Felix Quevedo each filed a charge with the Commission alleging

violations of Title VII by Defendant Employer. All conditions precedent to the institution of this

lawsuit have been fulfilled.

7.

Defendant Employer has engaged in unlawful employment practices at its Miami,

Florida facility, in violation of Section 703(a)( 1) of Title VII, 42 U.S. C. § 2000e-2(a).

8.

Jesus Molina, Humfredo Perez, Felix Quevedo, and other similarly situated

individuals were regularly subjected to racial and ethnic harassment by Terrence Bean, Defendant's

owner's son, and Virgil Atkins, Director of Fixed Operations.

a) This harassment consisted of unwelcome verbal comments which were sufficiently

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

environment. The harassment included, but was not limited to, frequent, derogatory

ethnic and racial slurs and jokes and consistent reference to Black and Hispanic

employees as "niggers", ''spies" and "wet backs."

3

Case 1:01-cv-04035-JEM Document 30 Entered on FLSD Docket 03/13/2002 Page 4 of 7
b) Defendant Employer is liable for the unlawful harassment to which it subjected Jesus Molina, Humfredo Perez, Felix Quevedo, and any other similarly situated individuals during their employment.
9. Avraham Mardo and other similarly situated individuals, were regularly subjected to religious and ethnic harassment by Terrence Bean and David Reckseit, Finance Manager, in the form of unwelcome verbal comments which were sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment.
a) The harassment included, but was not limited to, frequent, derogatory ethnic and religious slurs and reference to Mr. Mardo as "spic Jew" and ''stupid Israeli."
b) Defendant Employer is liable for the unlawful harassment to which it subjected Avraham Mardo and any other similarly situated individuals during their employment.
I0. The continuous hostile work environment to which Defendant subjected Avraham Mardo made the conditions of his employment so intolerable that he was forced to resign.
a) Defendant is liable for Mr. Mardo's, and any other similarly situated individuals', constructive termination.
II. The effect ofthe practices complained of in paragraphs 7 through I0 above has been to deprive Avraham Mardo, Jesus Molina, Humfredo Perez, and Felix Quevedo and other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of their race, national origin, and/or religion.
I2. The unlawful employment practices complained of in paragraphs 7 through I 0 above were intentional.
4

Case 1:01-cv-04035-JEM Document 30 Entered on FLSD Docket 03/13/2002 Page 5 of 7
13. The unlawful employment practices complained of in paragraphs 7 through 10 above were done with malice or with reckless indifference to the federally protected rights of Avraham Mardo, Jesus Molina, Humfredo Perez, and Felix Quevedo and any other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassment based on race, national origin, or religion and any other employment practice which discriminates on the basis ofrace, national origin, or religion. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for all its employees regardless of race, national origin or religion, which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Avraham Mardo, and any 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, job search expenses and/or front pay.
5

Case 1:01-cv-04035-JEM Document 30 Entered on FLSD Docket 03/13/2002 Page 6 of 7
D. Order Defendant Employer to make whole Avraham Mardo, Jesus Molina, Humfredo Perez, Felix Quevedo and any other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 through 10 above, including but not limited to, medical expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Avraham Mardo, Jesus Molina, Humfredo Perez, Felix Quevedo, and any other similarly situated individuals, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 7 through 10 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Avraham Mardo, Jesus Molina, Humfredo Perez, Felix Quevedo, and any other similarly situated individuals, punitive damages for its malicious and reckless conduct described in paragraphs 7 through 10 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
6

Case 1:01-cv-04035-JEM Document 30 Entered on FLSD Docket 03/13/2002 Page 7 of 7
Respectfully Submitted, NICHOLAS M. INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney MICHAEL FARRELL Supervisory Trial Attorney
Trial Attorney Florida Bar No. 955876 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower, Suite 2700 Two South Biscayne Boulevard Miami, FL 33131-1805 Tel.: (305) 530-6010 or (305) 530-7100 Fax: (305) 536-4494
7

 
 Case 1:01-cv-04035-JEM Document 32 Entered on FLSD Docket 03/13/2002 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 0 1-4035-CIV-SEITZ

NIGHT BOX
FILED
MAR 11 2002

UNITED STATES EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

V.

)

)

)

G.F.B. ENTERPRISES, LLC., d/b/a

)

LEXUS OF KENDALL,

)

)

)

Defendants.

)

)
__________________________________!

JESUS MOLINA, HUMFREDO PEREZ,

)

FELIX QUEVEDO, AVRAHAM PARDO,

)

and SUSAN WEINBERG,

)

)

Plaintiff,

)

)

V.

)

)

)

G.F.B. ENTERPRISES, LLC., d/b/a

)

LEXUS OF KENDALL,

)

)

Defendants.

)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I

AMENDED COMPLAINT
JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION

'3)

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race, national origin,

A0

and religion, and to provide appropriate relief to Black employees, Avraham Mardo, Jesus Molina,

Humfredo Perez, Felix Quevedo, and any other similarly situated individuals who were adversely

Case 1:01-cv-04035-JEM Document 32 Entered on FLSD Docket 03/13/2002 Page 2 of 7

affected by such practices. As stated with greater particularity in paragraphs seven through eleven. the Equal Employment Opportunity Commission (hereinafter the "EEOC" or '"Commission") alleges that Black employees, Mr. Mardo. Mr. Molina, Mr. Perez, Mr. Quevedo, and other similarly situated individuals were subjected to harassment by management officials ofDefendant because oftheir race (Black). national origin (Hispanic and Israeli) and religion (Jewish). The harassment was sufficiently severe and pervasive to create a hostile, intimidating work environment. The Commission further alleges that the conditions of Mr. Mardo's employment were made so intolerable by the hostile work environment that he was forced to resign.

JURISDICTION AND VENUE

1.

JurisdictionofthisCourtisinvokedpursuantto28U.S.C. §§451, 1331,1337,1343

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

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)( 1) and (3) ("Title VII") and 56

Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981A.

2.

The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Southern District of Florida, Miami Division.

PARTIES

3.

Plaintiff, the United States Equal Employment Opportunity Commission, is the

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

enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f) (I) and

(3) of Title VII, 42 U.S. C. § 2000e-5(f)(l) and (3).

2

Case 1:01-cv-04035-JEM Document 32 Entered on FLSD Docket 03/13/2002 Page 3 of 7

4.

At all relevanttimes, Defendant, G.F.B. Enterprises, LLC d/b/a Lexus ofKendall (the

"Employer"), has continuously been a Delaware corporation doing business in the State of Florida

and the City of Miami, and has continuously had at least 15 employees.

5.

At all relevant times, Defendant Employer has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 70 I(b), (g) and (h) of

Title VII, 42 U.S.C. §§ 2000e-5(b), (g) and (h).

STATEMENT OF CLAIMS

6.

More than thirty days prior to the institution of this lawsuit, Avraham Mardo, Jesus

Molina, Humfredo Perez, and Felix Quevedo each filed a charge with the Commission alleging

violations of Title VII by Defendant Employer. All conditions precedent to the institution of this

lawsuit have been fulfilled.

7.

Defendant Employer has engaged in unlawful employment practices at its Miami,

Florida facility, in violation ofSection 703(a)(l) ofTitle VII, 42 U.S.C. § 2000e-2(a).

8.

Jesus Molina, Humfredo Perez, Felix Quevedo, and other similarly situated

individuals were regularly subjected to ethnic harassment by Terrence Bean, Defendant's owner's

son, and Virgil Atkins, Director of Fixed Operations.

a)

This harassment consisted of unwelcome verbal comments \Vhich were sufficiently

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

environment. The harassment included, but was not limited to, frequent, derogatory

ethnic slurs and jokes and consistent reference to Hispanic employees as "spies" and

"wet backs."

3

Case 1:01-cv-04035-JEM Document 32 Entered on FLSD Docket 03/13/2002 Page 4 of 7

b) Defendant Employer is liable for the unlawful harassment to which it subjected

Jesus Molina, Humfredo Perez, Felix Quevedo, and any other similarly situated

individuals during their employment.

9.

Avraham Mardo and other similarly situated individuals, were regularly subjected to

religious and ethnic harassment by Terrence Bean and David Reckseit, Finance Manager, in the form

of unwelcome verbal comments which were sufficiently severe and pervasive to constitute an

intimidating, hostile and offensive \vork environment. a) The harassment included, but was not limited to, frequent derogatory ethnic and

religious slurs and reference to Mr. Mardo as "spic Jew" and "stupid Israeli."

b) Defendant Employer is liable for the unlawful harassment to which it subjected

Avraham Mardo and any other similarly situated individuals during their

employment.

I0. The continuous hostile work environment to which Defendant subjected Avraham

Mardo made the conditions of his employment so intolerable that he was forced to resign.

a)

Defendant is liable for Mr. Mardo's, and any other similarly situated individuals',

constructive termination.

II. Black employees were regularly subjected to racial harassment by Terrence Bean,

Defendant's owner's son, and Virgil Atkins, Director of Fixed Operations.

a)

This harassment consisted of unwelcome verbal comments which were sufficiently

severe and pervasive to constitute an intimidating, hostile and offensive \Vork environment. The harassment included, but was not limited to, frequent, derogatory

racial slurs and jokes and consistent reference to Black employees as "niggers."

Case 1:01-cv-04035-JEM Document 32 Entered on FLSD Docket 03/13/2002 Page 5 of 7
b) Defendant Employer is liable for the unlawful harassment to which it subjected Black employees.
12. The effect ofthe practices complained of in paragraphs 7 through 11 above has been to deprive Black employees, Avraham Mardo, Jesus Molina, Humfredo Perez, Felix Quevedo and other similarly situated individuals ofequal employment opportunities and otherwise adversely affect their status as employees because of their race, national origin, and/or religion.
13. The unlawful employment practices complained of in paragraphs 7 through 11 above were intentional.
14. The unlawful employment practices complained ofin paragraphs 7 through 11 above were done with malice or with reckless indifference to the federally protected rights of Black employees, Avraham Mardo, Jesus Molina, Humfredo Perez, and Felix Quevedo and any other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassment based on race, national origin, or religion and any other employment practice \vhich discriminates on the basis of race, national origin, or religion. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for all its employees regardless of race, national origin or religion, which eradicate the effects of its past and present unlawful employment practices.
5

Case 1:01-cv-04035-JEM Document 32 Entered on FLSD Docket 03/13/2002 Page 6 of 7

C. Order Defendant Employer to make whole Avraham Mardo, and any 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, job search expenses and/or front

pay. D. Order Defendant Employer to make whole Avraham Mardo, Jesus Molina, Humfredo
Perez, Felix Quevedo and any other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 through 11 above, including but not limited to, medical expenses, in amounts to be

determined at trial.

E. Order Defendant Employer to make whole Avraham Mardo, Jesus Molina, Humfredo

Perez, Felix Quevedo, and any other similarly situated individuals, by providing compensation for

past and future nonpecuniary losses resulting from the unlawful practices complained of in

paragraphs 7 through 11 above, including but not limited to, emotional pain, suffering,

inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.

F.

Order Defendant Employer to pay Avraham Mardo, Jesus Molina, Humfredo Perez,

Felix Quevedo, and any other similarly situated individuals, punitive damages for its malicious and

reckless conduct described in paragraphs 7 through 11 above, in amounts to be determined at trial.

G. Order Defendant Employer to make whole Black employees by providing

compensation, and past and future pecuniary and nonpecuniary losses resulting from the unlawful

practices complained of in paragraphs 7 through 11 above, including but not limited to, medical

expenses, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in

6

Case 1:01-cv-04035-JEM Document 32 Entered on FLSD Docket 03/13/2002 Page 7 of 7

amounts to be determined at trial. H. Order Defendant Employer to pay Black employees punitive damages for its
malicious and reckless conduct described in paragraphs 7 through 11 above, in amounts to be

determined at trial.

I.

Grant such further relief as the Court deems necessary and proper in the public

interest.

J.

Award the Commission its costs of this action.

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted,
NICHOLAS M. INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
MICHAEL FARRELL

Trial Attorney Florida Bar No. 955876 EEOC One Biscayne Tower, Suite 2700 Two South Biscayne Boulevard Miami,FL 33131-1805 Tel.: (305) 530-6010 or (305) 530-7100 Fax: (305) 536-4494
'7 I

 
 Case 1:01-cv-04035-JEM Document 66 Entered on FLSD Docket 04/04/2003 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
C:ASR NO.: 01-4035-CIV-MARTINEZ/DUBE

sJ/ FILED by

D.C.

APR 0 3 2003
CLARENCE MADDOX CLERK U.S. DIST. CT. S.D. OF FLA.· Mt~Mt

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Plaintiff, v.
G.F.B. ENTERPRISES, LLC d/b/a LEXUS OF KENDALL,

FINAL ORDER OF DISMISSAL WITH PREJUDICE PURSUANT TO THE COURT'S APPROVAL OF THE CONSENT DECREE

Defendant.
----------------------------~/
JESUS MOLINA, HUMFREDO PEREZ, FELIX QUEVEDO, AVRAHAM MARDO, and SUSAN WEINBERG,
Intervenors, v.
G.F.B. ENTERPRISES, LLC d/b/a LEXUS OF KENDALL,

CLOSED CIVIL CASE

Defendant.
----------------------------~/

Before the Court is the Parties' Stipulation of Dismissal With Prejudice on Court Approval

of Consent Decree. The Court has considered the Stipulation, the Consent Decree, the pertinent

portions of the record, and being otherwise fully advised in the premises, it is hereby

ORDERED AND ADJUDGED that the above cause be and the same is hereby dismissed

with prejudice, each party to bear its own costs and attorneys' fees. The Court retains jurisdiction

Case 1:01-cv-04035-JEM Document 66 Entered on FLSD Docket 04/04/2003 Page 2 of 2

CASE NO.: 01-4035-CIV-MARTINEZ/DUBE
to enforce the terms of the Consent Decree for its duration. All pending motions are denied as moot. This case is administratively closed.

Copies Furnished to:

I :

.i 1

+- '.

_j·J 'I ,·

1.1
l

) :
.•

. /I

I JOSE E.,MARtiNEZ

UNITED STATES DI~TRICT JUDGE

1

Kenneth L. Gillespie, Esq.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
One Biscayne Tower, Suite 2700 Two South Biscayne Boulevard Miami, Florida 33131-1805 (305) 530-6006/(305) 530-7100 (305) 536-4494 (fax)

COUNSEL FOR EEOC
Robert E. Weisberg, Esq. Kimberly A. McCoy, Esq.
LAW OFFICES OF ROBERT E. WEISBERG
1450 Madruga Avenue,# 209 Coral Gables, FL 33146 (305) 666-6095 (305) 666-6296 (fax)
-and-

James S. Bramnick, Esq. Carmen S. Johnson, Esq.
MULLER MINTZ, P .A.
Wachovia Financial Center, Suite 3600 200 South Biscayne Boulevard Miami, Florida 33131-2338 (305) 358-5500 (305) 379-3802 (fax) -and-

Manuel L. Dobrinsky, Esq. FREIDIN & BROWN, P.A. One Biscayne Tower 2 South Biscayne Boulevard, Suite 3100 Miami, Florida 33131 (305) 371-3666 (305) 371-6725 (fax)

Glen R. Goldsmith, Esq. GLEN R. GOLDSMITH & ASSOCIATES, P.A. Two Datran Center, Suite 1509 9130 South Dadeland Boulevard Miami, Florida 33156 (305) 670-5500 (305) 670-5596 (fax)

COUNSEL FOR INTERVENORS

COUNSEL FOR DEFENDANT GFB

2

 
 Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 1 of 13

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 01-4035-CIV-MARTINEZ/DUBE

UNITED STATES EQUAL EMPLOYMENT)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

G.F.B. ENTERPRISES, LLC., d/b/a

)

LEXUS OF KENDALL,

)

)

_______________D_ef_e_nd_a_n_t. ________

)
)

JESUS MOLINA, HUMFREDO PEREZ, )

FELIX QUEVADO, AVRAHAM MARDO, )

and SUSAN WEINBERG,

)

)

Intervenors,

)

)

v.

)

)

G.F.B. ENTERPRISES, LLC., d/b/a

)

LEXUS OF KENDALL,

)

)

Defendant.

)

iltt' fiLED by

D.C.

APR 0 4 2003
CLARENCE MADDOX CLERK U.S. DIST CT S.D. OF FLA.. MiAMi.

CONSENT DECREE 1. This Consent Decree (the "Decree") is made and entered into by and between Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC") and Defendant, G.F.B. Enterprises, LLC d/b/a/ Lexus of Kendall (hereinafter referred to as "Defendant"). The Commission and Defendant are collectively referred to herein as "the Parties." 2. On September 28, 2001, EEOC initiated this action by filing its Complaint against

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 2 of 13
Defendant. EEOC's Complaint alleged that Defendant violated Title VII ofthe Civil Rights Act of 1964, as amended, including but not limited to, amendments authorized by the Civil Rights Act of 1991, 42 U.S.C. Section 2000e et seq. ("Title VII"), by subjecting Avraham Mardo, Jesus Molina, Humfredo Perez, and Felix Quevedo, and similarly situated black employees, to harassment.
3. On or about Aprill, 2002, Defendant filed its Answer to Plaintiff EEOC's Complaint denying that its actions were discriminatory in any way. Nothing herein shall be deemed to be an admission by Defendant that it has at any time violated Title VII ofthe Civil Rights Act of 1964, as amended.
4. In the interests ofresolving this matter, to avoid the costs oflitigation, and as a result ofhaving engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns.
5. This Decree constitutes the complete agreement between the EEOC, and Defendant with respect to the matters referred to herein. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved or ordered by the Court.
NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
6. This Court has jurisdiction ofthe subject matter ofthis action and over the parties for the purposes of entering and enforcing this Decree.
GENERAL INJUNCTIVE PROVISIONS 7. Defendant, its officers, managers, agents and partners, are enjoined from
2

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 3 of 13
discriminating against any employee who opposes any ofDefendant's practices which the employee believes to be a violation of Title VII; who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case.
8. Defendant, its officers, managers, agents and partners, agree that they will not engage in any conduct which violates Title VII of the Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment or by discharging an employee for opposing or participating in any Title VII statutorily protected activity.
TRAINING 9. Defendant has established a written policy of compliance with Title VII. A copy of Defendant's Title VII compliance policy has been provided to the EEOC and Defendant certifies that a complete copy of its Title VII policy will be provided to all its current employees at G.F.B. Enterprises' facility on or before July 30, 2003. Defendant further agrees that all new employees will be provided a copy of the policy as part ofthe new employee orientation process within one (1) week of association with Defendant. 10. In order to further insure the effective implementation of Defendant's antidiscrimination policies, Defendant will conduct training for all of its managers and supervisory personnel on all aspects ofTitle VII. Such training will be conducted by Muller Mintz, P.A., or any other firm or organization specializing in the area of employment discrimination approved by the EEOC, and shall last at least four (4) hours. The first training shall be conducted on or before July 30, 2003 and thereafter on a yearly basis throughout the duration of this decree. Defendant agrees to provide the EEOC, at least two (2) weeks notice before it conducts its training session(s); date(s) of the training; copies of all training material to be used at the training session; and a list of the
3

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 4 of 13
names and titles ofeach employee who will be in attendance at the training. Additionally, Defendant agrees that the EEOC shall, at its discretion, be in attendance at the training session(s), and the EEOC shall notify Defendant, one (1) week in advance, that a representative will be in attendance.
POSTING ll. Defendant will post within seven (7) days from the Court's execution of this Decree a laminated 11" x 17" size copy of the Notice attached hereto as Exhibit A. Said notice shall be posted at G.F.B. Enterprises' facility for the duration of this Decree in conspicuous locations accessible to all employees.
MONITORING 12. Defendant will retain all employment records relating in any way to any complaint, allegation and/or investigation of race, national origin, and religious harassment, at G.F.B Enterprises' facility for the duration of this Decree and as required by law. 13. Defendant will certify to the EEOC every six (6) months 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 September 4, 2003. With each such certification, Defendant will provide the EEOC with the name, address and phone number of any person who alleges they have been subjected to race, national origin, and/or religious harassment while working at G.F.B. Enterprises' facility during the preceding six (6) months. Defendant will also state its actions taken in response to each such allegation. Defendant will provide upon request by the Commission (a) a copy of the complaint, or if no written complaint was filed, a statement describing the nature of the complaint; (b) a statement describing the actions taken; and (c) outcome regarding such complaint.
MONETARY RELIEF
4

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 5 of 13
14. Defendant shall cause to be paid a lump sum of seven hundred thousand ($700,000) in resolution of this litigation. Six hundred thousand ($600,000) represents compensatory damages and shall be distributed to the aggrieved claimants currently identified. The remaining one hundred thousand ($1 00,000) also represents compensatory damages and shall be distributed to Black aggrieved claimants who worked for Defendant at any time between January 1, 1998 to December 31, 2002. Because these amounts represent compensatory damages, Defendant shall have no responsibility for deducting payroll taxes. No portion of the seven hundred thousand ($700,000) shall remit to Defendant.
15. Within ten (10) days ofthe Court's execution of this Decree, Defendant will cause to be issued a certified check in the amount of seven hundred thousand ($700,000) payable to the trust account ofthe Law Offices of Robert E. Weisberg, P.A. Such payment shall be forwarded by certified mail with a return receipt requested to: Robert E. Weisberg, Esq., 1450 Madruga Avenue, Suite 209, Coral Gables, Florida 33146. A copy of the certified check shall be forwarded to the attention of Kenneth L. Gillespie, EEOC Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
16. lfDefendant fails to tender the above-mentioned payments as set forth in paragraph 14, then Defendant shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621 (b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the Defendant.
NOTICE TOPOTENTIAL AGGRIEVED INDIVIDUALS 17. The Parties agree that potential claimants shall be current or former Black employees who work/worked for Lexus of Kendall at any time between January 1, 1998 to December 31, 2002, and who submit credible evidence of being subjected to a racially hostile
5

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 6 of 13
environment. 18. Defendant shall provide to the EEOC information in its possession necessary for
contacting potential claimants on or before April 11, 2003. This information shall be utilized for the purposes of identifying Black aggrieved individuals who were subjected to a racially hostile environment during the period stated in Paragraph# 17.
19. The EEOC shall provide notice to all eligible claimants as described in Paragraph 18, via certified mail, that a settlement has been reached among all the Parties to this action on or before May 2, 2003. Potential claimants shall be further advised that, ifthey wish to make application for an award from the Claimant Fund, they must do so in a writing mailed to the EEOC's Miami District Office post marked on or before May 30, 2003. The notice shall provide that Defendant shall take no adverse action against any individual for filing such an application. A copy of such notice is attached as Exhibit B, and the application is attached as Exhibit C.
20. The EEOC shall notify all potential claimants as to whether their applications to share in theClaimant Fund have been granted and the amount to be received by each on or before July 4, 2003. (A copy of such notice is attached as Exhibit D).
21. Potential claimants shall submit letters to the court by July 25, 2003, indicating any disagreement they may have with their claimant status/proposed award and the reasons therefore. This procedure will be the sole means by which claimants may challenge their claimant status or the handling of their proposed monetary award.
22. Within ten (10) days ofthe court's approval of the potential claimant distribution, the EEOC shall direct Robert E. Weisberg, Esq., to mail settlement checks drawn on the trust account of the Law Offices ofRobert E. Weisberg, P.A., in accordance with the Court's Order. Within three (3) days after all such payments have been made, a copy of the checks shall be forwarded to the
6

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 7 of 13
attention of Kenneth L. Gillespie, EEOC Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
23. The remedies provided under this Consent Decree shall be the exclusive remedies available under Title VII to any current or former employee of Defendant with a claim of race discrimination arising from the alleged racially hostile environment at Defendant's facility between the claim period of January I, 1998, to December 31, 2002.
ENFORCEMENT OF DECREE 24. The Commission and Defendant will make best efforts to effectuate the terms of this Decree. 25. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree.
COSTS 26. Each Party shall bear its own costs and attorneys' fees associated with this litigation.
DURATION OF CONSENT DECREE 27. The duration of this Decree shall be four (4) years from the date of entry of the Decree. 28. This case will be dismissed with prejudice. However, the Court will retain jurisdiction to enforce the monetary and injunctive provisions ofthis Consent Decree during the four year period that said Decree is in effect.
AGREED TO:
7

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 8 of 13

FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

/

,.

by:

'
;

,
h'

,.
"

J..,,•Y. .lt

.

/

,_y
1

f

,.!...!.(.J~.

.. /· W.l

·
J/7

· vr·/ ..u,._.

D~lner Franklin-Thomas

Regional Attorney

U.S. Equal Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

Date:

AGREED TO:

FOR DEFENDANT

.,.-

by: f!JJAMLn ~. \] Gkn ~

CARMEN JOHNSON, ESQ.

JAMES BRAMNICK, ESQ.

Muller, Mintz, P.A.

Wachovia Financial Center

200 South Biscayne Boulevard, Suite 3600

Miami, Florida 33131-2338

I Date: .3/JI 0 3

8

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 9 of 13
EXHIBIT "A" NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND G.F.B. ENTERPRISES, LLC D/B/A LEXUS OF KENDALL
This notice is being posted pursuant to a Consent Decree entered by the Court in Equal Employment Opportunity Commission v. G.F.B. Enterprises, LLC d/b/a Lexus of Kendall, Civil Action No. 01-4035-CIV-MARTINEZ/DUBE. G.F.B. Enterprises, LLCd/b/aLexusofKendall has agreed that it will not discriminate against employees in violation ofTitle VII ofthe Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from discrimination because of the race, religion, color, sex (including sexual harassment and pregnancy) and/or national origin. Title VII also protects individuals from retaliation for having complained ofan unlawful employment practice. G.F.B. Enterprises, LLC d/b/a Lexus of Kendall will not condone discrimination of any kind as set forth in federal laws, including, but not limited to, racial, religious or national origin harassment.
Furthermore, G.F.B. Enterprises, LLC d/b/a Lexus of Kendall 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, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination, based upon the circumstances involved.
This notice shall remain posted for four (4) years from the date signed. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000.
Signed this--. day of ___, 2003
CEO, G.F.B. Enterprises, LLC d/b/a Lexus of Kendall

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 10 of 13
EXHIBIT "'B" U.S.E.E.O.C. VS. G.F.B. ENTERPRISES, LLC D/B/A/ LEXUS OF KENDALL
NOTICE
ATTENTION ALL CURRENT AND FORMER BLACK EMPLOYEES WHO WORK/WORKED AT LEXUS OF KENDALL AT ANYTIME
BETWEEN JANUARY 1, 1998, AND DECEMBER 31, 2002
G.F.B. Enterprises, LLC d/b/a Lexus ofKendall, has entered into a consent decree with the United States Equal Employment Opportunity Commission ("EEOC"), an agency of the United States Government to resolve a lawsuit filed by the EEOC against Lexus ofKendall pursuant to Title VII of the Civil Rights Act of 1964, as amended, ("Title VII'). If you were subjected to a racially hostile environment between January 1, 1998 and December 31, 2002, you may be qualified to participate in the settlement of this lawsuit. You must act immediately to preserve your rights by completing the enclosed claim form.
The claim form must be returned to EEOC, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, FL 33131. All claims will be thoroughly reviewed by the EEOC to determine eligibility for participation in the settlement.
G.F.B. Enterprises, LLC d/b/a Lexus of Kendall, agrees that it will take no adverse action against any current or former employee for filing the claim form and/or participating in the process distribution.

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 11 of 13

EXHIBIT "C" U.S.E.E.O.C. VS. G.F.B. ENTERPRISES, LLC D/B/A/ LEXUS OF KENDALL
CLAIM FORM

1. Name:_____________________________________________________________
2. Date of Birth: 3. Mailing Address:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 4. Daytime phone or contact:__________________________________________
(Failure to provide a daytime phone or the number of a person who can take a message for you during the day will result in our inability to process your claim). 5. Dates of Employment:__________________________
6. Ifformer employee, reason(s) for separation with Lexus of Kendall:___________

7. Job Title:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

8. Do you believe that you were subjected to a racially hostile environment at Lexus ofKendall

because of your race? Yes

No_ _ __

9. If you answered yes to the question above, please provide a statement as to why including: (1) the name ofperson(s) who harassed you; (2) a list ofthe racially offensive comments that you were subjected to; and (3) the names of witnesses who may support your belief that you were subjected to a racially hostile environment. -------------------------

This enclosed claim form must be completed and returned on or before May 30, 2003.

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 12 of 13

EXHIBIT "D" U.S.E.E.O.C. VS. G.F.B. ENTERPRISES, LLC D/B/A/ LEXUS OF KENDALL

Notification of Claimant Status

We are in receipt of, and have carefully reviewed your claim form, documentation and interview notes, if applicable, for the above matter. The following constitutes the EEOC's determination;

Claimant status

1. Meets all criteria for claimants: Yes_ __

No _ __

Comment ______________________________________________

2. Eligible for monetary awards: No

Yes

Amount

Comments.___________________________________________

If you disagree with the EEOC's determination; you have until

to submit a

letter to the court indicating any disagreement you may have with your claimant status/proposed

monetary award, and the reasons therefore. If you have no disagreement, please do not send a

letter to the court. Letters should be addressed as follows: United States District Court, Southern

Division, Federal Courthouse Square, 301 N. Miami Avenue, Miami, Florida 33128. Both on the

outside of the envelope and in the text of the letter make reference to U.S.E.E.O.C. v. G.F.B.

Enterprises, LLC d/b/a Lexus of Kendall.

You must also send a copy to Kenneth L. Gillespie, Trial Attorney, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, FL 33131. Please make reference on the outside of the envelope to U.S.E.E.O.C. v. G.F.B. Enterprises, LLC d/b/a Lexus of Kendall.

Case 1:01-cv-04035-JEM Document 67 Entered on FLSD Docket 04/07/2003 Page 13 of 13

 
 CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?351645769542741-L_92...

U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:01-cv-04035-JEM

CLOSED

U.S. - EEOC v. GFB Enterprises LLC Assigned to: Judge Jose E. Martinez Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff United States Equal Employment Opportunity Commission
V. Defendant G.F.B. Enterprises, LLC doing business as Lexus of Kendall

Date Filed: 09/28/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Kenneth Lawrence Gillespie Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6006 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maria Teresa Rodriguez Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6010 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carmen Sirkin Johnson Akerman Senterfitt Suntrust International Center 1 SE 3rd Avenue 28th Floor Miami, FL 33131-1714 305-982-5577 Fax: 305-349-4801 Email: carmen.johnson@akerman.com

1 of 9

5/10/2007 6:37 PM

CM/ECF - Live Database - flsd - Docket Report
Intervenor Plaintiff Jesus Molina
2 of 9

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?351645769542741-L_92...
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christi Ann Pierce Epstein Becker & Green 945 E Paces Ferry Road NE Suite 2700 Atlanta, GA 30326-1380 404-923-9000 Fax: 923-9099 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Glen Reid Goldsmith 9130 S Dadeland Boulevard Miami, FL 33156-7858 305-670-5500 Fax: 670-5596 Email: ggoldsmith@goldsmithpa.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Scott Bramnick Akerman Senterfitt Suntrust International Center One Southeast Third Avenue 28th Floor Miami, FL 33131-1714 305-982-5505 Fax: 305-349-4759 Email: james.bramnick@akerman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven D. Grimberg United States Department of Justice Tax Division 555 4th Street NW PO Box 14198 Ben Franklin Station Washington, DC 20044 202-514-5892 Fax: 202-514-9868 Email: Steven.D.Grimberg@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert Elliot Weisberg Robert E. Weisberg 1450 Madruga Avenue
5/10/2007 6:37 PM

CM/ECF - Live Database - flsd - Docket Report
Intervenor Plaintiff Humfredo Perez
Intervenor Plaintiff Felix Quevedo
Intervenor Plaintiff Avraham Mardo
Intervenor Plaintiff
3 of 9

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?351645769542741-L_92...
Suite 209 Coral Gables, FL 33146 305-666-6095 Fax: 666-6296 Email: reweisberg@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kimberly Ann McCoy Robert E. Weisberg 1450 Madruga Avenue Suite 209 Coral Gables, FL 33146 305-666-6095 Fax: 666-6296 Email: reweisberg@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Elliot Weisberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kimberly Ann McCoy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Elliot Weisberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kimberly Ann McCoy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Elliot Weisberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
5/10/2007 6:37 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?351645769542741-L_92...

Susan Weinberg
V. Intervenor Defendant G.F.B. Enterprises, LLC doing business as Lexus of Kendall

represented by Kimberly Ann McCoy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Elliot Weisberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Glen Reid Goldsmith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Scott Bramnick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/2001 09/28/2001 10/09/2001 11/01/2001 11/02/2001
11/08/2001 11/13/2001

#

Docket Text

1 COMPLAINT filed re: civil rights/race; filing fee waived; A-7; Magistrate Judge Andrea M. Simonton (hd, Deputy Clerk) (Entered: 10/01/2001)
2 SUMMONS(ES) issued for GFB Enterprises LLC by servin Corporation Service Company, registered agent (hd, Deputy Clerk) (Entered: 10/01/2001)
3 ORDER requiring compliance with Local Rule 16.1 of the United States District Court for the Southern District of Florida ( Signed by Judge Alan S. Gold on 10/5/01) [EOD Date: 10/9/01] (hd, Deputy Clerk) (Entered: 10/09/2001)
7 UNOPPOSED MOTION by GFB Enterprises LLC to extend time for response to motion to intervene (hd, Deputy Clerk) (Entered: 11/15/2001)
4 MOTION with memorandum in support to intervene as plaintiffs in this action by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg (intervenors' complaint in pod 2) (hd, Deputy Clerk) (Entered: 11/05/2001)
5 Notice of Filing Waiver of service executed by GFB Enterprises LLC (Attorney )10/30/01 Answer due by 12/31/01 for GFB Enterprises LLC (attached) (wc, Deputy Clerk) (Entered: 11/13/2001)
6 ORDER OF RECUSAL ( Signed by Judge Alan S. Gold on 11/13/01) [EOD Date: 11/14/01] (hd, Deputy Clerk) (Entered: 11/14/2001)

4 of 9

5/10/2007 6:37 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?351645769542741-L_92...

11/19/2001 11/26/2001 12/03/2001 12/04/2001 12/10/2001 12/11/2001
12/11/2001 12/11/2001 12/13/2001 12/19/2001 12/21/2001
12/31/2001 12/31/2001 01/15/2002 01/15/2002

8 CLERK'S ORDER of Reassignment. Case reassigned to Judge Patricia A. Seitz (wc, Deputy Clerk) (Entered: 11/20/2001)
9 ORDER granting [7-1] motion to extend time for response to motion to intervene ( Signed by Judge Patricia A. Seitz on 11/26/01) [EOD Date: 11/27/01] (tb, Deputy Clerk) (Entered: 11/27/2001)
10 RESPONSE by GFB Enterprises LLC to [4-1] motion to intervene as plaintiffs in this action by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg (dg, Deputy Clerk) (Entered: 12/04/2001)
11 NOTICE of attorney appearance for GFB Enterprises LLC by Glen Reid Goldsmith (hd, Deputy Clerk) (Entered: 12/05/2001)
12 NOTICE of Substitution/Reassignment of Attorney. Terminated attorney Kenneth Lawrence Gillespie for U.S. - EEOC Added Maria Teresa Rodriguez (dg, Deputy Clerk) (Entered: 12/11/2001)
13 UNOPPOSED MOTION by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg to extend time 10 days within which to file and serve their reply to their motion to intervene (Former Deputy Clerk) (Entered: 12/12/2001)
14 ORDER of Magistrate Judge Reassignment ( Signed by Judge Patricia A. Seitz on 12/10/01) [EOD Date: 12/12/01] (tb, Deputy Clerk) (Entered: 12/12/2001)
Magistrate identification: Magistrate Judge Barry L. Garber (tb, Deputy Clerk) (Entered: 12/12/2001)
15 ORDER granting [13-1] motion to extend time 10 days within which to file and serve their reply to their motion to intervene ( Signed by Judge Patricia A. Seitz on 12/12/01) [EOD Date: 12/14/01] (tb, Deputy Clerk) (Entered: 12/14/2001)
16 ORDER requiring counsel to meet and file joint scheduling report and proposed order ( Signed by Judge Patricia A. Seitz on 12/19/01) [EOD Date: 12/20/01] (tb, Deputy Clerk) (Entered: 12/20/2001)
17 REPLY by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg in support of their [4-1] motion to intervene as plaintiffs in this action by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan (ra, Deputy Clerk) (Entered: 12/26/2001)
18 NOTICE of firm name change by GFB Enterprises LLC (dg, Deputy Clerk) (Entered: 01/02/2002)
19 MOTION with memorandum in support by GFB Enterprises LLC for more definite statement , and to strike request for relief (dg, Deputy Clerk) (Entered: 01/02/2002)
21 Intervenor's COMPLAINT by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg against GFB Enterprises LLC (wc, Deputy Clerk) (Entered: 01/16/2002)
21 DEMAND for jury trial by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg (wc, Deputy Clerk) (Entered: 01/16/2002)

5 of 9

5/10/2007 6:37 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?351645769542741-L_92...

01/16/2002
01/17/2002 01/25/2002 01/28/2002
01/28/2002 01/30/2002 02/28/2002
03/04/2002
03/11/2002 03/11/2002 03/11/2002 03/11/2002 03/29/2002

20 ORDER granting [4-1] motion to intervene as plaintiffs in this action by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg ( Signed by Judge Patricia A. Seitz on 1/15/02) [EOD Date: 1/16/02] (wc, Deputy Clerk) (Entered: 01/16/2002)
22 RESPONSE by U.S. - EEOC in opposition to [19-1] motion for more definite statement (tb, Deputy Clerk) (Entered: 01/18/2002)
23 JOINT MOTION by U.S. - EEOC, GFB Enterprises LLC to extend time to convene Scheduling Conference and file Joint Scheduling Report (wc, Deputy Clerk) (Entered: 01/28/2002)
24 ORDER granting [23-1] joint motion to extend time to convene Scheduling Conference and file Joint Scheduling Report reset Scheduling meeting report due for 2/28/02 ( Signed by Judge Patricia A. Seitz on 1/28/02) [EOD Date: 1/29/02] (wc, Deputy Clerk) (Entered: 01/29/2002)
25 REPLY by GFB Enterprises LLC to response to [19-1] motion for more definite statement, [19-2] motion to strike request for relief (wc, Deputy Clerk) (Entered: 01/29/2002)
26 Answer and affirmative defenses by GFB Enterprises LLC (cj, Deputy Clerk) (Entered: 01/31/2002)
27 PARTIES Scheduling Report of Scheduling Meeting by U.S. - EEOC, GFB Enterprises LLC, Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg, Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg, GFB Enterprises LLC 2/28/02 (cj, Deputy Clerk) (Entered: 03/01/2002)
28 ORDER granting [19-1] motion for more definite statement, granting [19-2] motion to strike request for relief, plaintiff shall file an amended complaint that complies with all pleading requirements no later than 3/11/02 ( Signed by Judge Patricia A. Seitz on 3/1/02) [EOD Date: 3/5/02] (cj, Deputy Clerk) (Entered: 03/05/2002)
29 NOTICE of filing amended complaint by U.S. - EEOC (dg, Deputy Clerk) (Entered: 03/13/2002)
30 AMENDED COMPLAINT by U.S. - EEOC , (Answer due 3/21/02 for GFB Enterprises LLC ) amending [1-1] complaint (dg, Deputy Clerk) (Entered: 03/13/2002)
31 CORRECTED NOTICE of filing amended complaint by U.S. - EEOC (dg, Deputy Clerk) (Entered: 03/13/2002)
32 AMENDED COMPLAINT by U.S. - EEOC , (Answer due 3/21/02 for GFB Enterprises LLC ) amending [30-1] amended complaint (dg, Deputy Clerk) (Entered: 03/13/2002)
33 PARTIAL ANSWER and affirmative defenses by GFB Enterprises LLC to amended complaint (dg, Deputy Clerk) Modified on 04/01/2002 (Entered: 04/01/2002)

6 of 9

5/10/2007 6:37 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?351645769542741-L_92...

03/29/2002 04/01/2002 04/01/2002 04/01/2002
04/01/2002 04/11/2002 04/16/2002 04/16/2002 04/19/2002 04/22/2002
04/26/2002 06/20/2002 09/25/2002 09/25/2002 10/04/2002

34 PARTIAL MOTION with memorandum in support by GFB Enterprises LLC to dismiss amended complaint (dg, Deputy Clerk) (Entered: 04/01/2002)
35 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Patricia A. Seitz on 4/1/02) [EOD Date: 4/2/02] (dg, Deputy Clerk) (Entered: 04/02/2002)
36 ORDER Providing Parties With Instructions For Jury Trial (Signed by Judge Patricia A. Seitz on 4/1/02) [EOD Date: 4/2/02] (dg, Deputy Clerk) (Entered: 04/02/2002)
37 SCHEDULING ORDER setting Deadline for filing of all motions by 2/28/03 Jury trial set for 10:00 7/28/03 Pretrial Stipulation due on or before 6/13/03 Calendar call set for 1:15 7/23/03 Discovery cutoff 3/31/03 ; Pretrial conference for 9:00 6/27/03 ; ( Signed by Judge Patricia A. Seitz on 4/1/02) [EOD Date: 4/2/02] CCAP (dg, Deputy Clerk) (Entered: 04/02/2002)
37 ORDER REFERRING all discovery and all motions for attorneys' fees and costs to Magistrate Judge Bandstra (Signed by Judge Patricia A. Seitz on 4/1/02) CCAP [EOD Date: 4/2/02] (dg, Deputy Clerk) (Entered: 04/02/2002)
38 RESPONSE by U.S. - EEOC to [34-1] motion to dismiss amended complaint (dg, Deputy Clerk) (Entered: 04/12/2002)
Magistrate identification: Magistrate Judge Bandstra (dg, Deputy Clerk) (Entered: 04/17/2002)
39 NOTICE of selection of Leslie W. Langbein as Mediator by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg (dg, Deputy Clerk) (Entered: 04/17/2002)
40 MOTION by GFB Enterprises LLC to extend time to file reply in support of partial motion to dismiss (dg, Deputy Clerk) (Entered: 04/22/2002)
41 ORDER granting [40-1] motion to extend time to file reply in support of partial motion to dismiss Reply to Response to Motion reset to 4/26/02 for [34-1] motion to dismiss amended complaint ( Signed by Judge Patricia A. Seitz on 4/19/02) [EOD Date: 4/23/02] (dg, Deputy Clerk) (Entered: 04/23/2002)
42 REPLY by GFB Enterprises LLC in support of [34-1] motion to dismiss amended complaint (dg, Deputy Clerk) (Entered: 04/29/2002)
43 ORDER denying [34-1] motion to dismiss amended complaint ( Signed by Judge Patricia A. Seitz on 6/20/02) [EOD Date: 6/21/02] (dg, Deputy Clerk) (Entered: 06/21/2002)
44 ORDER OF REASSIGNMENT transferring case to the calendar of Judge Jose E. Martinez for all further proceedings (Signed by Judge Patricia A. Seitz on 9/23/02) [EOD Date: 9/26/02] (ra, Deputy Clerk) (Entered: 09/26/2002)
Case reassigned to the calendar of Judge Jose E. Martinez for all further proceedings (ra, Deputy Clerk) (Entered: 09/26/2002)
45 ORDER reassigning case to Magistrate Judge Dube ( Signed by Judge Patricia A. Seitz on 10/4/02) [EOD Date: 10/7/02] (dg, Deputy Clerk) (Entered: 10/07/2002)

7 of 9

5/10/2007 6:37 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?351645769542741-L_92...

10/04/2002 12/06/2002
12/17/2002
01/06/2003 01/07/2003 01/21/2003 01/24/2003
02/07/2003 02/11/2003 02/14/2003 02/24/2003 02/25/2003 02/26/2003
03/05/2003

Magistrate identification: Magistrate Judge Robert L. Dube (dg, Deputy Clerk) (Entered: 10/07/2002)
46 JOINT MOTION with memorandum in support by U.S. - EEOC, Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg for 120-day discovery extension and pretrial deadlines (ra, Deputy Clerk) (Entered: 12/09/2002)
47 ORDER granting in pat [46-1] joint motion for 120-day discovery extension and pretrial deadlines Set Jury trial for 10/6/03 before Judge Jose E. Martinez , Reset calendar call for 1:30 10/2/03 before Judge Jose E. Martinez (Signed by Judge Jose E. Martinez on 12/17/02) [EOD Date: 12/18/02] (ra, Deputy Clerk) (Entered: 12/18/2002)
48 MOTION with memorandum in support by U.S. - EEOC to compel better interrogatory answers (ra, Deputy Clerk) (Entered: 01/07/2003)
49 NOTICE of Unavailability by GFB Enterprises LLC for dates of: 1/23/03 2/3/03 and 3/27/03 - 4/7/03 (ct, Deputy Clerk) (Entered: 01/08/2003)
50 UNOPPOSED MOTION by GFB Enterprises LLC to extend time to respond to motion to compel better interrogatory answers (ra, Deputy Clerk) (Entered: 01/22/2003)
51 ORDER granting [50-1] motion to extend time to respond to motion to compel better interrogatory answers Response to motion reset to 2/7/03 for [48-1] motion to compel better interrogatory answers ( Signed by Magistrate Judge Robert L. Dube on 01/24/03) [EOD Date: 1/27/03] (ra, Deputy Clerk) (Entered: 01/27/2003)
52 UNOPPOSED MOTION by GFB Enterprises LLC to extend time to respond to plaintiff motion to compel better interrogatory answer (ra, Deputy Clerk) (Entered: 02/10/2003)
53 ORDER granting [52-1] motion to extend time to respond to plaintiff motion to compel better interrogatory answer ( Signed by Magistrate Judge Robert L. Dube on 02/11/03) [EOD Date: 2/12/03] (ra, Deputy Clerk) (Entered: 02/12/2003)
54 RESPONSE by GFB Enterprises LLC to [48-1] motion to compel better interrogatory answers (ra, Deputy Clerk) (Entered: 02/18/2003)
55 REPLY by U.S. - EEOC in support of their [48-1] motion to compel better interrogatory answers (ra, Deputy Clerk) (Entered: 02/25/2003)
56 ORDER SCHEDULING MEDIATION before Mediator: Leslie Langbein for 03/04/03 at 9:00 ( Signed by Judge Jose E. Martinez on 02/13/03) [EOD Date: 2/26/03] (ra, Deputy Clerk) (Entered: 02/26/2003)
57 ORDER granting [48-1] motion to compel better interrogatory answers set status conference for 10:00 3/17/03 before Magistrate Judge Robert L. Dube ( Signed by Magistrate Judge Robert L. Dube on 2/26/03) [EOD Date: 2/27/03] (tb, Deputy Clerk) (Entered: 02/27/2003)
58 ORDER ON NOTICE OF SETTLEMENT, parties shall file a stipulation of settlement, a proposed order of dismissal or final judgment, and any other

8 of 9

5/10/2007 6:37 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?351645769542741-L_92...

03/07/2003 03/20/2003 03/20/2003 03/27/2003 03/31/2003
03/31/2003 03/31/2003 04/03/2003
04/03/2003 04/04/2003

documents to conclude this actionwithin fifteen (15) days from the date of this order (Signed by Judge Jose E. Martinez on 03/05/03) [EOD Date: 3/6/03] (ra, Deputy Clerk) (Entered: 03/06/2003)
59 FINAL report of Mediator. Disposition: Settled (ra, Deputy Clerk) Modified on 03/12/2003 (Entered: 03/12/2003)
60 JOINT MOTION by U.S. - EEOC, GFB Enterprises LLC for a one week extension of deadline in Court's order of settlement (ra, Deputy Clerk) (Entered: 03/21/2003)
61 ORDER mooting [48-1] motion to compel better interrogatory answers ( Signed by Magistrate Judge Robert L. Dube on 03/19/03) [EOD Date: 3/21/03] (ra, Deputy Clerk) (Entered: 03/21/2003)
62 UNOPPOSED MOTION by GFB Enterprises LLC to extend time to file stipulation of settlement (ra, Deputy Clerk) (Entered: 03/28/2003)
63 ORDER granting [62-1] motion to extend time to file stipulation of settlement denying [60-1] joint motion for a one week extension of deadline in Court's order of settlement ( Signed by Judge Jose E. Martinez on 03/28/03) [EOD Date: 4/1/03] (ra, Deputy Clerk) (Entered: 04/01/2003)
64 STIPULATION for dismissal with prejudice pursuant to the Court's approval of the Consent Dedree by U.S. - EEOC, GFB Enterprises LLC (ra, Deputy Clerk) (Entered: 04/01/2003)
65 NOTICE of filing atached Consent Decree by U.S. - EEOC (original in the chamber) (ra, Deputy Clerk) (Entered: 04/01/2003)
66 FINAL ORDER of Dismissal with Prejudice Pursuant to the Court's Approval of the Consent Decree. granting [64-1] dismiss/dismissal stipulation. This case is CLOSED. All pending motions are DENIED AS MOOT. Each party to bear its own attorney's fees and costs. ( Signed by Judge Jose E. Martinez on 04/01/03) [EOD Date: 4/4/03] (nt, Deputy Clerk) (Entered: 04/04/2003)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (nt, Deputy Clerk) (Entered: 04/04/2003)
67 ORDER/CONSENT DECREE (Signed by Judge Jose E. Martinez on 04/04/03) [EOD Date: 4/7/03] (ra, Deputy Clerk) (Entered: 04/07/2003)

9 of 9

PACER Service Center

Transaction Receipt

05/10/2007 19:34:54

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 6

Cost:

eeoc 1:01-cv-04035-JEM 0.48

5/10/2007 6:37 PM

 
 EEOC LITIGATION SETTLEMENTS - SEPTEMBER 2003

Page 1 of 1

z EEOC v. G.F.B. Enterprises, LLC d/b/a Lexus of Kendall No. 01-4035-CIV-MARTINEZ/GARBER (S.D. Fla. September 3, 2003)
In this Title VII lawsuit, the Miami District Office alleged that defendant, a car dealership, subjected a group of employees to a hostile working environment on the basis of national origin (Hispanic), race (black) and religion (Jewish). The harassment consisted of derogatory comments ("America is for whites only") and name-calling ("spic," "nigger") made by the Director of Fixed Operations and the son of the dealership's owner. One of the charging parties was forced to quit his job due to the harassment. The case was resolved through a four-year consent decree which provides for a total payment of $700,000 ($600,000 in compensatory damages to be distributed among the four charging parties and $100,000 in compensatories to be distributed among currently unidentified black employees who were subjected to harassment based on race between January 1998 and December 2002). The consent decree also requires Lexus of Kendall to hire a presenter approved by the EEOC to provide annual training to all of its managers and supervisory personnel on all aspects of Title VII, and to undergo monitoring which will include submitting semi-annual reports to the EEOC throughout the duration of the consent decree on harassment complaints and the manner in which it addressed the complaints. The decree enjoins Lexus of Kendall from discriminating against any employee who opposes unlawful employment practices under Title VII.

http://www.eeoc.gov/litigation/settlements/settlement09-03.html

5/10/2007

 
 FY 2003 Office of General Counsel Annual Report

Page 1 of 1

In EEOC v. G.F.B. Enterprises, LLC d/b/a Lexus of Kendall, the EEOC alleged that defendant, a car dealership, subjected a group of employees to a hostile working environment on the basis of national origin (Hispanic), race (Black) and religion (Jewish). The harassment consisted of derogatory comments ("America is for whites only") and name-calling ("spic," "nigger") made by the Director of Fixed Operations and the son of the dealership's owner. One of the charging parties was forced to quit his job due to the harassment. The case was resolved through a four-year consent decree which provides for a total payment of $700,000. Defendant is also enjoined from discriminating against any employee who opposes unlawful employment practices under Title VII.

http://www.eeoc.gov/litigation/03annrpt/index.html

5/10/2007