Fr~I~4~OEEOC

3055364494

. T-895 P.OI/ll F-209
FILED

IN THE UNITED STATES DISTRICT COI.~F~’=~ ~ FOR THE MIDDLE DISTRICT OF FLORIDA
FORT MYF.R~ DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

SUN-RICH OF IMMOKALEE, INC. f/~da SUN-RICH OF FLORIDA CITY, FLORIDA
Def~mlan~.

INIUNCTIVE RELIEF REQUESTED
IURY TRIAL DEMAND

NATURE OF THE ACTION Tl~is is an action under Title Vll of the Civil Rights Act of 1964, and Title I of r~ Civil Rights Act of 1991, to correct unlawf~l employment practices on the basis of race and national origin, and ~o provide appropria~ relief to Amoinc Lcveque, Wislm Damas, Marie Semervil, lslande Regis, Anne Mari~ .Josh, Georgcs Jean-Denis, Michclle Duboise, Eugenic Belsnice, Charleus Agarlm, Erilia Francois, Exameae Dorv~Ins, AntOrlia BeBjm’nia, alld ally o~er similarly siruar.ed imlividuals, who were adve~cly affected by such practices. As alleged wifla grca~f particularity in pmagraph 7, ~h~ Defemlant Sun-RIch of lmmokalee, Inc., f/lOa Sun-Rich of Florida City, Florida ~ercinaficr "Defend,an[ Stm-Riela of Immokalee, Inc." failed to hire the above named individuals, or any other similarly situated individuals, t)ccanse of their race (black) and national origin (Haitian).

Jup-l§-00 10:32 Fro.-IM00 EEOC

3055364494

- T-895 P.02/11 F-Z00

_J .U ~I,~DIL’~_ ][ON AND I. Jurisdiction of ~ Co~ is ~vo~ p~su~t ~ 28 U.S.C. ~ 451, 13~ 1, 1337, 1343 ~ 1345. ~s ~ioa is au~t~ ~ ~timt~ pms~ w S~r~n 7~(1) ~ (3) of Title VH of~ Civil ~ Act of 1~, ~ ~, 42 U.S.C. ~aa 2~-5(~{1) ~ (3) ("Til~ ~’) ~ S~a 102 of~ Cifil Ri~ts Act of 1991, 42 U.S.C. ~ 19~1 2. The~plo~ pr~c~ ~cg~ ~o ~ ~aw~l were co~ ~ j~icfion of ~ Uni~ S~tes Dis~ct Co~ ~r ~ Mi~e ~ of Flori~, F~ Myers Div~ioa.
¯ e ag~y of ~e umt~ s~ of A~r~ ~g~ wi~ ~e ~~n, ~r~fion ~nforc¢~ of Title VII, ~ is expx~sly au~ot~ m bt~ ~ a~ioa by S~ioa 7~ (3) ofTi~ VH, 42 U.S.C. ~Uon 2~-5(~)(1) ~ (3).
~ ~~ly ~ dang bas~ss ~ ~ S~te of ~or~ ~ ~e City of ~o~ee
5. At ~ re~v~t ~, De~t ~ployer ~ commonly ~ ~ ~loyer angag~ m an i~us~ aff~g co~ce wi~ ~e ~ag of ~cfions 701(b), ~ ~ (h) of

Ju,n-15-O0 I0:33 From-IlM~)O EEOC

30559~4454

T-OilS P.03/11 F-ZOO

STA _T]E.MENT OF CLAIMS
6, More Wan thirq~ days prior to Re msdm~on of ~ ~wsuk, Amo~ ~ev~ue,
~j~ ~ a c~ge wi~ ~ Co~sion Mlegmg v~ of Ti~ vH by Defc~ ~ploy~- A~ c~itio~ prong m ~ ~dm~n of ~s ~ws~t ~ve ~n ~l~l~.
7. S~e at l~t M~ch, I~, Def~t ~loy~ ~ e~pg~ $ ~aw~l ~ploy~ pr~c~ a[ i~ ~~ work si~, ~ vio~don of ~don 703(@ of Title VII, 42 U.S.C. ~ 2~2(a)
a. T~ Defe~ ~ m b~e ~m~ ~veque, W~l~ D~, M~ ~fl, ~e ~gis, A~ M~ie ~os~h. ~rg~ ]~-De~, M~IIe ~ , Eug~ ~Is~, C~le~ Aga~e. Er~m Fr~ois, E~ Do~ilus, or Amo~ ~nj~ for ~ position of m~m p~r ~a~ of ~ ~ race (b~k) ~ ~o~ origin (~z~).
b. The Defer f~l~ m h~e ~y o~ s~ly si~wd ~ivi~ for ~ posi~n of m~m ~r ~e of ~e~ r~e (b~k) ~ ~ origin (H~).
8. Th~ ff~t of ~ pr~d~ ~l~ of ~ ~h 7 a~ve ~s ~n m d~rive A~ine Levequc, W~l~ D~, M~ie Scruff, Is~ Reg., A~ M~ los@h, Gcogcs ~e~-D~. Mic~Hc Du~i~. Eug~ ~Is~, C~leus A~, ~l~ P~om. Ex~ Do~il~, ~m~ ~nj~, ~d ~y o~cr sim~ly s~ ~v~s. of ~ual ~plo~ ~md~ ~ o~w~e Mv~cly ~ ~ir s~s ~ applies for cmplo~ ~c~ of ~e~ r~e (b~} ~ ~o~ origin (H~).

~.n-15-00 10:3S Fro:-i4~DO EEOC

3085364494

T-$98 P. O4/1

Tile unlawful employment praczices omplaintxl of in paragraph 7 above were
I0. The unlawful craploymcm practices complair, cd of in paragraph 7 above were done wi~ malice or wi~h rccldess indiff~ence m ~ federally pror~’cr.ed rights of Amoinc Lcveque, Wislin Damns, Marie Scmcrvil, Islande Regis, Ann~ Marie Joseph, Gcorges J’ean-Dcnis, Michellc Duboise, Eugcrde Belsnice, Charlcus Agathe, Etilia Francois, E~t~e Dorvilus, Antoaia Benjamin, and any other sn’nil~rly situated individuals.
FOR R tZE
Wl~refor¢, ~: Commission resp~ffully rcquesr.s that this Court: A. Grant a permanent injunction enjoining Defendam Sun-Rich or" lmmokalee, Inc., i~s officers, successors, assigns, and all persons in active ~ncen or participation with k, from engaging in race discrimination and any other ¢mpioymcnt practice which discriminates on the basis of race or national origin. B. Order Defendant Sun-Rich of Immokalee, Inc., m institute and carry out policies, practices, and programs which provide equal employment opportunities for blacks and Hakmas and which cradicam the effects of its past and present unlawful employmem practices. C. Order Defendant Sun-Rich of lmmokalee, Inc., ro make whole Antoine Lcveque, Wislm Damns, Marie Semcrvil, Islandc Regis, Anne Marie Joseph, Oeoges Jean-Denis, Michelle Duboisc, Eugenic Bclsnice, Charlcu$ Agalhc, [~rilia Francois, Examene Dorvikls, Amonia Benjamin, and any other similarly situarcd individuals, by providing appropriate back pay with prejudgment interest, in amounts ~o be detcrminod at dial, and other affirmative celief necessary

Ju,n-l§-O0 10:33 Fron-~lPO EE~

3055SS4494

T-995 P.05/11 F-209

ro eraclie~t~e the effects of its unlawful employment practices, including bu[ zm~ l/m/red to rightfulpla~e reinszaremen~ ol Antoine Lcveque, Wislin Damas, Marie Semervil, Islamle Regis, Made ioseph, Geogcs Jeml-Denis, Michelle Duboise, Eugenie Belsnice, Ctuu’leus Agathe, Erilia Fra~ois, Exan~ne Dorvilus,/mtonia Benjarai~, and ~y other similarly situar~-d individuals.
D. Order Defendant Su~-Rich of lmmokalee, Ia~., to make whole Az~oiz~ Leveque, Wislin Damas, Mari~ Semervil. Islande Regis, Anne Marie los~h, G-~oges Jean-Denis, M~l~lle Duboisc, Etlgcni¢ ]~clsnicc, Charlcus Agathc, F.tilia Francois, l~xpaztenc DorvLlus. Az~tonia B#ajamm, and any odor similarly situated individuals, by providing campensatiou for past and fiu’uzc pecunia~ losses ~esultmg from dac unlawful cmployn~nt practices dcscrib~ in paragr~h 7 above, including out of pockc~ losses, job search expenses, aud rn~ligal ~s in amounts m
E. Orde~ Defendan[ -qua-Rich of Iramokalee, Inc., to make wl~le A~mine Leveque, Wislin D~tmas, Marie Se.mervii, |slaade Regis, Arme Marm Iomph, Geog~ lean-Denis, Michelle Duboise, Eugvme Belsnice, Charleus ASarhe, Erilia b’-Yancois, Examcne Dorvilus, Aa~ov.ia Benjamin, and any o~zer similarly s,tuaced individuals, by providing eompcasa~ion for pas[ and furore non-pecuniary losses resulting l~rom the unlawful pCact~ces complained of in paragrap]~ 7 above, including cmo,ional pain aud suffering, inconve~ni~ace, Immiliation, and loss of enjoyrnenz of’ life, m amounts m bc dcmrmincd az [rial.
F. Ozdc~ De~emlanT S~-RicI~ of Immokalec, Inc., to pay Anmin~ L~veque, Wislin Damas. Marie $cmcrvil. lslandc Regis, Atom Marie los~ph, Oeoges Ican-Denis, Micbelle Duboise, l~ugeni~ i]elsnice, 6"l,.~e~s Agathe, E~ilia Frm~co|s, F.0~m~n~ Dorvil~s, AnTonm

Jun-lG-O0 10:34 Frae-i~)O EEOC

3055364494

T-SOtS P.OG/II F-209

Be~zjami~, a~ ~y o~er similaxly siumzed individuals, pu~izive dax~ges for ~s malicious -and
recldess coquet described L~ p~rag~aph 7 a~ove, ~ amounzs zo be de~ az zri~.
Grit such further relief as dze Com~ deems necessary and proper in the public
Award ~e Commission its osts of zhis aczion.
JURY TI~AL ]DEMAND
The Commission req~s=s ajury real on al] qucs~io= of f~cz raised by izs eomplaL~.
Respectfiflly sul~miued.
¢. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associa~ General Counsel
DELNER FRANKLIN-THOMAS Regional Auomey
GILBERT CARRILLO Supervisory Trial At~or~-y
~ENI~ER H. ZAWID Senior Trial AUoraey Flori~ Bar Number: 50385
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Two South Biscayne Boulevard Oae Biscayne Tower, Suite 2700 Miami, Fl~fzda 33131 (305) 530-6010 (305) 536-4494 facsimile

 
 IN THE UNITED STATES DISTRICT FOR THE MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

ANTOINE LEVEQUE, WISLIN DAMAS, MAtLIE SEMERVIL, ISLANDE REGIS, ANNE MARIE JOSEPH, GEORGES JEAN-DENIS, MICHELINE DUBOIS, EUGENIE BELSINCE, CHARLEUS AGATHE, ERILIA FRANCOIS, EXAMENE DORVILUS, and ANTONIA BENJAMIN,

Plaintiffs/Intervenors

VS.
SUN RICH OF IMMOKALEE, INC., f/Ida SUN RICH OF FLORIDA CITY, FLORIDA,

CIVIL ACTION -. NO: 00-CIV-264-FTM-21D Jury Trial Demanded INJUNCTIVE RELIEF REQUESTED

Defendant.

COMPLAINT IN INTERVENTION I. PRELIMINARY STATEMENT
1. This Complaint in Intervention follows an action filed by the United States Equal Employment Opportunity Commission against Sun Rich of Immokalee, Inc., f?~a Sun Rich of Florida City, Florida to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et se__q, and 42 U.S.C. §1981. Plaintiffs/Intervenors, Charleus

Agathe, Eugenie Belsince, Antonia Benjamin, Examene Dorvilus, Micheline Dubois, Erilia Francois, Georges Jean-Denis, Annie Marie Joseph, Antonine Leveque, Islande Regis, Marie A. Semervil, and Wislin Damas, are Black Haitian farmworkers who were employed as tomato packers by Sun Rich of Immokalee, Inc. (hereinafter Sun Rich). Defendant Sun Rich, is a Florida corporation, which packs and ships agricultural commodities for sale in interstate commerce.
2. Plaintiffs/Intervenors were employed by Defendant Sun Rich during the Spring packing season of 1999. On or about the beginning of the packing season, there was a temporary work stoppage due to lack of ripe tomatoes available for harvest. Plaintiffs/Intervenors had a reasonable expectation of being called back to work once the harvest operation resumed. Plaintiffs/Intervenors were not called back to work following the work stoppage. However, Defendant Sun Rich called back Hispanic workers. Despite Plaintiffs/Intervenors numerous and repeated attempts to come back to work, Defendant Sun Rich refused to rehire its Black Haitian workers and chose to replace them with new Hispanic workers.
3. Plaintiffs/Intervenors filed a timely charge of discrimination with the United States Equal Employment Opportunity Commission (EEOC). As a result of its investigation, the EEOC issued a determination finding that there was reasonable cause that the Defendant Sun Rich discriminated against Plaintiffs/Intervenors in violation of .their rights under Title VII of the Civil Rights Act based on their race, Black and National Origin, Haitian. The EEOC filed this action to enforce the provisions of Title VII. Plaintiffs/Intervenors have exhausted their

administrative remedies. As aggrieved parties, Plaintiffs/Intervenors, Charleus Agathe, Eugenie Belsince, Antonia Benjamin, Examene Dorvilus, Micheline Dubois, Erilia Francois, Georges Jean-Denis, Annie Marie Joseph, Antonine Leveque, Islande Regis, Marie A. Semervil, and Wislin Damas, have a statutory right to intervene in this action in order to protect their interests. Defendant Sun Rich’s actions violated Plaintiffs/Intervenors’ rights under Title VI~I of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et se__q, and 42 U.S.C. §1981.
II. JURISDICTION AND VENUE 4. This cause arises under the laws of the United States, in particular 42 U.S.C. §2000, et seq. and 42 U.S.C. §1981. 5. Jurisdiction of these claims is conferred upon this Court by 42 U.S.C. §2000e-5(f)(3), 28 U.S.C. §1331 and28 U.S.C. §1345. 6. Vemle is proper in this Court under 28 U.S.C. §1391(b) and (c) because the claims arose in this judicial district.
III. PARTIES 7. Plaintiffs/Intervenors Charleus Agathe, Eugenic Belsince, Antonia Benjamin, Examene Dorvilus, Micheline Dubois, Erilia Francois, Georges Jean-DeNs, Annie Marie Joseph, Antonine Leveque, Islande Regis, Marie A. Semervil, and Wislin Damas, are Black Haitian farmworkers who were employed by Defendant Sun Rich as tomato packers. Plaintiffs/Intervenors resided in Collier County, Florida at all times relevant to this case. 8. Plaintiffs/Intervenors and Plaintiffthe United States Equal Employment Opportunity Cormnission (hereinafter EEOC) are authorized to bring suit to enforce the provisions of Title

VII of the United States Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et se__q. 9. Defendant Sun Rich is a Florida corporation wttich packs and ships agricultural
commodities for sale in interstate commerce. 10. Defendant Sun Rich is a person within the meaning of 42 U.S.C. §2000e(a) and an
employer within the meaning of 42 U.S.C. 2000e(b). 11. At all times relevant to this action, the Defendant Sun Rich has been an employer
engaged in industry affecting commerce within the meaning of §701 (b), (g), and (h) of Title VII, 42 U.S.C. §2000e(b), (g), and (h).
IV. STATEMENT OF THE CLAIMS 12. Plaintiffs/Intervenors filed charges with the EEOC alleging violations of Title VII by Defendant Sun Rich on or about December 15, 1999. All conditions precedent to the institution of this lawsuit have been fulfilled. 13. Since at least March, 1999, Defendant Sun Rich has engaged in unlawful employment practices at its Immokalee worksite in violation of §703(h) of Title VII, 42 U.S.C. 2~)00e-2(a). Defendant failed to hire or rehire Plaintiffs/Intervenors for the positions of tomato packers due to their race, Black and National Origin, Haitian. 14. Defendant Sun Rich rehired Hispanic workers and hired new Hispanic workers for the positions of tomato packers. 15. The effect of the practices complained of in Paragraphs 13 and 14 has been to deprive Plaintiffs/Intervenors of their federally protected rights to be free from discrimination in the work place based on their race, Black and their National Origin, Haitian.

16. The unlawful employment practices described of in Paragraphs 13 and 14 were intentional.
17. The unlawful employment practices described of in Paragraphs 13 and 14 were done with malice or with reckless indifference to the federally protected rights of Plaintiffs/Intervenors.
V. CLAIMS FOR RELIEF COUNT I
Violation of Title VII of the Civil Rights Act of 1964 42 U.S.C. §2000e et seq.
18. Plaintiffs/Intervenors reallege and incorporate by reference the allegations set forth in paragraph 1 through 17.
19. During Plaintiffs/Intervenors’ employment at Defendant Sun Rich of Immokalee, they were discriminated against on the basis of their race and/or national origin.
20. The discrimination affected a term, condition or privilege of the Plaintiffs/Intervenors’ employment and was a violation of their rights under Title VII.
21. Defendant Sun Rich of Immokalee’s discrimination was with malice or reckless disregard for the Plaintiffs/Intervenors’ federally protected rights under Title VII.
22. As a result of thc discrimination, the Plaintiffs/-lntervenors suffered damages. COUNT II
Violation of 42 U.S.C. §1981 23. Plaintiffs/intervenors reallege and incorporate by reference the allegations set forth in paragraphs 1 through 17.

24. Defendant Sun Rich, knowingly and willfully discriminated against Plaintiffs/Intervenors by interfering with Plaintiffs’/Intervenors’ employment on the basis of their race, with the intent or effect of depriving Plaintiffs/Intervenors of their right to contract for employment.
25. Defendant Sun Rich violated Plaintiffs’/Intervenors’ fights under 42 U.S.C. Sec. 1981.
26. As a result of Defendant Sun Rich’s actions, Plaintiffs/Intervenors suffered damages. VI. PRAYER FOR RELIEF
WHEREFORE, Plaintiffs/Intervenors pray this Court will: a) issue a declaratory judgment that Defendant Sun Rich’s practices toward the Plaintiffs/[ntervenors violated their rights under Title VII of the Civil 1Lights Act, as amended, 42 U.S.C. §2000e, et se__q. b) issue a declaratory judgment that Defendant Sun Rich’s failure to hire or rehire the Plaintiffs/[ntervenors violated their rights under 42 U.S.C. § 1981; c) enjoin Defendant Sun Rich from continuing or maintaining a policy or practice of discriminating against employees on the basis of their race and/or national origin; d) enter a judgment for the Plaintiffs/Intervenors and against Defendant Sun Rich for compensatory damages, punitive damages, back pay, front pay, and lost benefits; e) order Dcfcndant Sun Rich to pay Plaintiffs/Intervenors’ costs and PlaintiffsFintervenors’ attorneys fees~; f) grant such other relief as is just; and
~Attorneys fees sought for the work by attorneys employed by Law Office of Frederick C. Kramer only and not for the work of any attorney employed by Florida Rural Legal Services.

g) retain jurisdiction until the Dcfcndant Sun Rich of Immokalee complies with this
order.
Jury Trial Demanded
Respectfully submitted,
Adria Lynn Silva Lead Counsel Florida Bar No. 0137431 Florida Rural Legal Services, Inc. 106 South Second Street (34142) Post Office Box 1109 (34143) Immokalee, Florida (941) 657-3681 telephone (941) 657-4579 facsimile Adria@frls.org e-mail
Lisa A. Carmona Florida Bar No.0843490 Florida Rural Legal Services, Inc. 423 Fern Street, Suite 220 (33401) Post Office Box 3623 (33402) West Palm Beach, Florida (561) 820-8902 telephone (561) 820-8892 facsimile Lisa@fi-ls.org e-mail
Ashley D. Lupo Florida Bar No. 157783 Law Offices of Frederick C. Kramer Suite 201, Suntrust Building 950 North Collier Boulevard Marco Island, Florida 34145 (941) 394-8192 telephone (941) 642-0006 facsimile milaw@worldnet.att.net

 
 Case 2:00-cv-00264-JES Document 56 Filed 12/21/2000 Page 1 of 1

COUR~~ UNITED STATES DISTRICT MIDDLE DISTRICT OF FLORIDA r:' \ ,0 " 7: :~ \; FORT MYERS DIVISION " ,.. , . .'
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

-vs-
SUN-RICH OF IMMOKALEE, INC. flk/a SUNRICH OF FLORIDA CITY, FLORIDA,
Defendant.

Case No. 2:00-cv-264-FtM-29D

JUDGMENT IN A CIVIL CASE

IT IS ORDERED AND ADJUDGED that judgment be entered in favor of the plaintiff/intervenors, Antonine Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Charleus Agathe, Erilia Francois, Examene Dorvilus, and Antonia Benjamin, and against defendant Sun-Rich ofImmokalee, Inc. in the amount of Fifteen Thousand Dollars ($15,000) for each plaintiff/intervenor as listed, in full satisfaction of any and all claims and causes of action of any kind against defendant that have been asserted or could have been asserted in this lawsuit by or on behalf of the plaintiff/intervenors as listed.

Date: December 21, 2000

SHERYL L. LOESCH, CLERK By:
--~--~~r-----------------
56

 
 Case 2:00-cv-00264-JES Document 59 Filed 01/10/2001 Page 1 of 1

UNITED STATES DISTRICT COURT~

MIDDLE DISTRICT OF FLOR1D~l " jl ,-'," ~: /9

FORT MYERS DIVISION

.

EQUAL EMPLOYMENT OPPORTUNITY

f I

COMMISSION,

Plaintiff,

-vs-
SUN-RICH OF IMMOKALEE, INC. fIkIa SUNRICH OF FLORIDA CITY, FLORIDA,
Defendant.

Case No. 2:00-cv-264-FtM-29D

JUDGMENT IN A CIVIL CASE

IT IS ORDERED AND ADJUDGED that Judgment be entered in favor of the plaintiff/intervenors, Antonine Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Erilia Francois, Examene Dorvilus, and Antonia Benjamin, and against defendant Sun-Rich ofImmokalee, Inc. in the amount of Fifteen Thousand Dollars ($15,000) for each plaintiff/intervenor as listed, in full satisfaction of any and all claims and causes of action of any kind against defendant that have been asserted or could have been asserted in this lawsuit by or on behalf of the plaintiff/intervenors as listed.

Date: January 10,2001

SHERYL L. LOESCH, CLERK
By:ia.~ Bette-J· rre
59

 
 ) ) Case 2:00-cv-00264-JES Document 82 Filed 01/23/2002 Page 1 of 19

(3

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FT. MYERS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

.'-

,

h";"Vr: i;',\ ::~~: ;'1 c:';",: .\,,;~,\

COMMISSION,

)

)

PLAINTIFF,

)

)

v.

) Civil Action No.: 00-CIV-264-FTM-2ID

)

CHARLES AGATHE ET AL.

)

)

PLAINTIFFS/INTERVENERS, )

)

v.

)

)

SUN-RICH OF IMMOKALEE,

)

INC. f/k/a SUN-RICH OF

)

FLORIDA CITY, FLORIDA,

)

)

DEFENDANT.

)

)

CONSENT DECREE

1. This Consent Decree (the "Decree") is made and entered into by and among the Plaintiff, the Equal Employment Opportunity Commission (the "Commission" or "EEOC"), Plaintiffs/Interveners Florida Rural Legal Services, Inc. and Defendant Sun-Rich of IMMOKALEE, Inc. f/k/a Sun-Rich of Florida City, Florida ("Sun-Rich"). The Commission, Plaintiffs/Interveners and Sun-Rich are collectively referred to herein as the "Parties."
2. On June 15,2000, EEOC initiated this action by filing its Complaint against SunRich in the United States District Court for the Middle District of Florida, Ft. Myers Division, Civil Action No.: OO-CIV-FTM-2ID. EEOC's Complaint alleged that Sun-Rich violated Title VII of the Civil Rights of 1964, ("Title VII"), as amended. The Complaint arose out of

) Case 2:00-cv-00264-JES Document 82 Filed 01/23/)2002 Page 2 of 19
allegations in EEOC charges filed by Antonin (a/k/a Antoine) Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Michelle Dubois, Eugenie Belsnice, Agathe Charleus, Erilia Francois, Examene Dorvilus, Antonia Benjamin, EEOC Charg.e Nos. 150-AO-0953 through 150-AO-0961 and 150-AO-1247 through 150-AO-1249, against their former employer, Sun-Rich. Specifically, the Commission's Complaint alleges that Sun-Rich violated Title VII and discriminated against the Charging Parties on the basis of race and national origin when it temporarily laid off, and then refused to re-hire, the Charging Parties, and similarly situated individuals, and replaced them with non-blacks and non-Haitians.
3. Sun-Rich answered the Complaint, and denied liability and specifically denied engaging in any discriminatory employment practices. Neither this Decree nor the furnishing of any payment to any Individual Claimant under this Decree shall be construed as an admission by Sun-Rich of any liability or unlawful conduct. To the contrary, Sun-Rich denies that it is in any way liable to the EEOC or any Individual Claimant.
3.A. In the interests of resolving this matter, to avoid the costs of litigation, and as a result of having engaged in extensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Consent Decree ("Decree"). This Decree is final and binding upon the Parties, their successors and assigns.
4. The Parties agree that this Decree resolves all issues raised against Sun-Rich in EEOC Charge Nos. 150-AO-0953 through 150-AO-0961 and 150-AO-1247 through 150-AO1249, and the EEOC's Complaint filed in this action, and constitutes a complete resolution of all claims that were made by the Commission against Sun-Rich in this action. 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 or those that may be released by
2

Case 2:00-cv-00264-)JES Document 82 Filed 01/23)/2002 Page 3 of 19
Identified or Eligible Claimants pursuant to this Consent Decree. The Parties acknowledge that there are no other charges pending with the EEOC alleging unlawful employment practices by Sun-Rich at its Immokalee, Florida facility other than the Charges referred to in this paragraph, and this Consent Decree resolves any and all issues between the parties hereto regarding any and all Charges filed against the Defendant alleging unlawful employment practices in Immokalee, Florida.
5. This Decree constitutes the complete and exclusive agreement between the Parties with respect to the matters referred to herein. No representations or inducements to compromise this action have been made, other than those recited or referenced in this Decree. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved or ordered by the Court.
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:
JURISDICTION AND VENUE 6. This Court has jurisdiction of the subject matter of this action and over the Parties for the purposes of entering and enforcing this Decree. Venue is proper.
GENERAL INJUNCTIVE PROVISIONS 7. Defendant Sun-Rich, its officers and/or employees, agree not to engage in conduct which violates Title VII by adversely affecting the terms and conditions of any individual's employment because of the race and/or national origin of that individual. Sun-Rich is specifically enjoined from a) discharging or laying off an employee; and/or b) failing to hire an applicant for employment based on race and/or national origin.
3

) Case 2:00-cv-00264-JES Document 82 Filed 01/23/)2002 Page 4 of 19
8. Defendant Sun-Rich, its officers and/or employees, agree not to discriminate against any employee or applicant for employment who opposes any of Defendant'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.
POLICY AND TRAINING 9. Sun-Rich shall maintain written policies and procedures of compliance with Title VII and against discrimination based on race and national origin. A copy of Defendant's Title VII compliance policy is attached hereto as Exhibit A. Sun-Rich shall ensure that a complete copy of its Title VII policy is issued to: 1) all of Sun-Rich's current employees at all of its facilities located in Florida within one (1) month of the entry of this Decree; and 2) all new SunRich employees within ten (l0) days of employment. The written policy and procedures shall be given to the aforementioned employees in English, Spanish and Creole. 10. In order to further ensure the effective implementation of Defendant's antidiscrimination policies and procedures, Sun-Rich will conduct training on all aspects of Title VII for all of its managers and supervisory personnel at its Immokalee facility located in Florida. This training will include special emphasis on the proper procedure to be followed in the event that a layoff becomes necessary. Such training will be at least four (4) hours in length during the first year of this Decree and two (2) hours thereafter each year for the duration of this Decree, and will be conducted by either Baker & McKenzie or Averill G. Marcus, Esq. The training must be completed within three (3) months of the entry of this Decree, but no later than July 31, 2002. The training would be videotaped for viewing by any newly hired supervisors who are
4

Case 2:00-cv-00264-JES Document 82
)

Filed 01/23)/2002 Page 5 of 19

hired after the training session. The curriculum would be on general avoidance of employment discrimination problems and abiding by federal employment discrimination laws in making personnel decisions such as terminations and layoffs. Sun-Rich will notify the EEOC two weeks in advance of the training, including the names of employees scheduled to attend the training. Sun-Rich agrees to furnish the EEOC with at least two (2) weeks notice before it conducts any of its training sessions including, but not limited to, notice regarding the dates and locations of the training, copies of any and all training materials, including videotapes, to be used at the training sessions, and a complete list of names and titles of all employees who were in attendance at the training sessions.
11. Sun-Rich also agrees that the training described in paragraph 10 above shall be given to all new managers and supervisors to be employed by Sun-Rich within two (2) months of being placed in a management or supervisory position.
POSTING 12. Within fourteen (14) days from the entry of this Decree, Sun-Rich will post 11 "xI7" size copies of the Notice attached hereto as Exhibit B. Specifically, the Notice will be posted in Creole, Spanish and English on an employee bulletin board, in or around the water drinking area, and any bulletin board accessible to tomato packers. Said Notice shall be posted in conspicuous locations accessible to all employees at all of Defendant's facilities in Florida. This Notice shall remain posted for the term of this Consent Decree.
REPORTING AND MONITORING 13. Within four (4) months of the entry of this Decree, or no later than July 31, 2002, Sun-Rich will provide the EEOC with a complete list of all managers and supervisors who have received the training described in paragraphs 10 and 11 above. Thereafter, on an annual basis,

5

) Case 2:00-cv-00264-JES Document 82 Filed 01/23/)2002 Page 6 of 19
and continuing annually throughout the duration of this Decree, but not later than July 31, SunRich will provide the EEOC with: a) a certification that they conducted the training referenced in paragraph 10 and 11 above within fourteen (14) days after each session occurs; and b) a complete list of all managers and supervisors who received the training described in paragraphs 10 and 11 above, along with the date each individual was placed in a management or supervisory position.
14. Commencing one (1) month after the entry of this Decree, and continuing on an annual basis throughout the duration of this Decree, Sun-Rich will provide the EEOC with copies of the following: (1) all applications received from applicants; (2) entries made in the applicant log book; (3) certified letters mailed to applicants for employment interviews; (4) names of hires; (5) dates of hire; and (6) race of persons hired, if indicated.
15. Sun-Rich will retain all employment records relating in any way to any complaint, allegation and/or investigation of racial discrimination or national origin discrimination at any of Defendant's facilities. Sun-Rich will also retain copies of all employment records relating to all of its employees in Florida including, but not limited to, all applications for employment. The records referenced herein will be maintained for the duration of this Decree, or as required by federal law, whichever is longer.
16. Sun-Rich agrees to provide the EEOC with certification that they posted the Notice referenced in paragraph 12 within fourteen (14) days from the Court's execution of this Decree.
17. Sun-Rich will forward all certifications and reporting and monitoring information referenced in paragraph 13 through 15 herein, as well as any copies of their training sessions as referenced in paragraphs 10 and 11 above, to the attention of M. Teresa Rodriguez, EEOC Trial
6

) Case 2:00-cv-00264-JES Document 82 Filed 01/23/)2002 Page 7 of 19
Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
MONETARY RELIEF, NOTICE AND CLAIMS PROCEDURE
18. Sun-Rich agrees to pay the aggregate amount of Two Hundred, Ten Thousand Dollars ($210,000.00) in full settlement of this cause of action. The monies will be paid to the claimants identified in Exhibit C and in the dollar amounts set forth therein. These dollar amounts are representative of compensatory damages. In order to receive any payment from the Defendant, an Individual Claimant must sign a release of claims as provided by Sun-Rich. This Decree will be presented to the Court after all Individual Claimants have agreed to the terms of the individual settlement amount and have each signed a release of claims agreement.
19. Claimants' Responsibilities. It shall be the sole responsibility of each claimant referred to herein to advise the EEOC promptly of his or her change of address.
ENFORCEMENT OF DECREE 20. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree. No party shall contest the validity of this Decree, nor the jurisdiction of the Federal District Court to enforce this Decree and its terms or the right of the EEOC to bring an enforcement action upon breach of any term of this Decree by any party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that Sun-Rich fails to perform the promises and representations contained herein. The EEOC shall determine whether Sun-Rich has complied
7

) ) Case 2:00-cv-00264-JES Document 82 Filed 01/23/2002 Page 8 of 19

with the terms of this Decree and shall be authorized to seek compliance with the Decree by civil

action filed with this Court. The Court shall retain jurisdiction over any such proceeding arising

from any act, or failure to act occurring during the duration of this Decree.

ATTORNEY'S FEES AND COSTS

21. Each Party shall bear its own costs and attorney's fees associated with this

litigation.

DURATION AND EFORCEMENT OF CONSENT DECREE

22. The effective date of this Decree shall be the date when the Court enters its Order

approving the Decree.

23. This Consent Decree shall continue in full force and effect for a period of three

(3) years from the date of entry of the Decree.

\N\ .. __ Q

" J1J1P1 , d-PP~

SO ORDERED, ADJUDGED AND DECREED, this l!fJBday oWeesmQer, 200h

TEELE D STATES DISTRICT JUDGE

-."
r foT1
8

Case 2:00-cv-00264-JES Document 82
)

Filed 01/23)/2002 Page 9 of 19

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

By: ~dA/)YIw.v,-~

Date:

De1ner Franklin-Thomas, Esq.

Regional Attorney

U.S. Equal Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

,J 1'-II 0 L
]

AGREED TO: FOR THE DEFENDANT, SUN-RICH OF IMMOKALEE, INC.

AGREED TO: FOR THE PLAINTIFF/INTERVENERS, FLORIDA RURAL LEGAL SERVICES, INC. 423 Fern Street, Suite 220 Post Office Box 3623 (33402) West Palm Beach, Florida 33401
By: S~C.·5~
Sauys;hmidt, Esq.

Date:----.j/<-..::J..=-rf-}.-~-'I<:.IO---jJ~O--'-I_

9

) ) Case 2:00-cv-00264-JES Document 82 Filed 01/23/2002 Page 10 of 19
EXHIBIT" A"
EQUAL EMPLOYMENT OPPORTUNITY, ANTI-HARASSMENT, AND NON-DISCRIMINATION POLICY - NOTICE TO EMPLOYEES AND
AND MANAGERS REGARDING WORKPLACE RESPONSIBILITIES AND THE RIGHTS OF FELLOW EMPLOYEES
Statement Of Policy It is the policy and practice of the Company to provide and promote equal employment opportunities for all applicants and employees. The Company is firmly committed to maintaining a workplace based on our collective values which stress the quality of our products and services, the importance of teamwork, and the need for all employees to treat each other with dignity, fairness, and respect. Therefore, it is the responsibility of all employees to ensure that the concepts of equal employment opportunity, non-harassment, and non-discrimination are understood, abided by, and carried out by everyone.
Prohibition On Discrimination And Harassment It is the policy of the Company to hire, train, promote, compensate, and administer all employment practices without regard to race, color, sex, sexual orientation, age, veteran status, marital status, religion, medical condition, national origin, disability unrelated to the ability to perform essential job functions, or on account of membership in any protected category under federal, state, or local laws. Harassment of employees or applicants because they are members or affiliated with members of any of the foregoing protected groups is also prohibited and will not be tolerated. The Company will take appropriate measures in response to any such incidents which are reported. Every good faith effort will be taken by the Company to fulfill the objectives of this policy.
10

Case 2:00-cv-00264-JES Document 82 Filed 01/23/2002 Page 11 of 19
)
The Company believes that every employee has the right to work in an environment totally free of harassment and discriminatory conduct, joking, or epithets. Such behavior does not advance the purposes of our Company; it is also morally wrong, and may subject the Company to legal exposure in certain circumstances. Toward that end, the Company's policy sets a standard of conduct that is higher than what federal, state, and local laws may require, as it forbids discriminatory or harassing conduct of the kind described in this policy even if the conduct does not rise to the level of a violation of applicable law. Consequently, any employee who engages in these types of prohibited conduct will be subject to disciplinary action, up to and including termination.
Conduct Constituting Prohibited Sexual Or Discriminatory Harassment Sexual harassment (due to one's gender) is one of the forms of harassment forbidden by this policy. The Company prohibits certain sex-related conduct regardless of whether it amounts to unlawful sexual harassment, as such conduct is deemed to be inconsistent with the Company's policy of promoting tolerance, respect, and dignity in the workplace. For example, and without compiling an exhaustive list, the following are illustrative of conduct that the Company condemns and prohibits under this policy regardless of whether the conduct is based on gender or results in an adverse employment action and regardless of whether the conduct is severe or pervasive enough to create an unlawful hostile environment: (a) It is prohibited for any person to condition a benefit such as a certain salary or promotion on the granting of sexual favors or the establishment or continuance of a personal relationship, or to imply to an employee that an award of such a benefit is conditioned upon the granting of sexual favors or the establishment or continuance of a personal relationship; (b) It is also prohibited for any employee to state or imply that another employee's performance is attributable in whole or in part to the employee's sex or membership in any protected-group categories under federal, state, or local laws;
11

) Case 2:00-cv-00264-JES Document 82 Filed 01/23/2002 Page 12 of 19 )
(c) It is also prohibited for any employee to state or imply that a fellow employee's promotion has resulted from the granting of a sexual favor or relationship; and, (d) It is also prohibited for any person to engage in any type of condll;ct which has the effect of unreasonably interfering with another employee's work or creates an intimidating, hostile, or offensive work environment.
As an employee of the Company, you should be aware that the issue of whether behavior constitutes harassment or discriminatory conduct might depend on how that behavior is viewed by the employee who is subjected to the behavior. Any employee who initiates or persists in such prohibited behavior assumes the risk of violating this policy in the event that the person who is the object of the behavior views it as offensive; accordingly, such an employee may be subject to discipline even ifhis or his conduct might not have been intended as offensive.
Conduct Constituting Sexual Or Discriminatory Conduct. Joking. Or Epithets For example, and without compiling an exhaustive list, the following are illustrative of conduct that the Company condemns and prohibits under this policy: (a) It is prohibited for any employee to bring any item to the work premises for purposes of an offensive sexual or discriminatory joke or epithet; (b) It is also prohibited for any employee to use Company property, bulletin boards, documents, or e-mail or voice mail systems for purposes of an offensive sexual or discriminatory joke or epithet; (c) It is also prohibited for any employee to deface Company property or the personal property of anyone else for purposes of an offensive sexual or discriminatory joke or epithet; (d) It is also prohibited for any employee to utter or utilize any offensive sexual or discriminatory jokes or epithets at work, or when referring to or about any other person, be they an employee or a non-employee;
12

Case 2:00-cv-00264-JES Document 82 Filed 01/23/2002 Page 13 of 19

)

)

(e) It is also prohibited for any employee to harass anyone else due to their sex, sexual orientation, race, color, ethnic background, age, national origin, religion, marital status, disability, or other protected-group status; and, (f) It is also prohibited for any employee to bring to or display in the workplace any materials having an offensive content (such as pornography or due to a demeaning reference to another's protected-group status), or to circulate or disseminate any such materials through the Company's internal mail or e-mail systems.

Application Of The Policy To Non-Company Employees
The Company's policy also applies to the dealings of any employee with non-employees such as customers, vendors, and members of the public. Furthermore, the policy also applies to individuals who do business with the Company, who are present on the Company's premises, or who interact with any employee of the Company while the employee is on-duty.
Procedure Upon Occurrence Of Prohibited Conduct
Employees who believe they have been subjected or exposed to discrimination or harassment prohibited by this policy have the right to have any such activity terminated immediately. Every employee has a role in preventing discrimination and harassment. Every employee must avoid any conduct that reasonably could be interpreted as discrimination or harassment under this policy, and every employee should indicate when another person's conduct in the workplace is unwelcome. In addition, every employee should endeavor to protect other employees from discrimination and harassment. Employees are expected and encouraged to inform others in the workplace whenever their conduct is unwelcome, offensive, inappropriate, or in poor taste. Therefore, employees are required to come forward promptly and report any problems pursuant to this policy before the alleged offending behavior becomes severe or pervasive. In addition, employees should come forward with complaints about alleged problems
13

Case 2:00-cv-00264-JES Document 82 Filed 01/23/2002 Page 14 of 19
)

or violations of the Company's policy at any time. Complaints need not be limited to someone

who was the target of the alleged offending conduct. Anyone who has observed an alleged

violation of the policy is also encouraged to report it to the Company.

Reporting Procedures

If an employee experiences or witnesses any conduct that he or she believes is inconsistent

with this policy, the Company expects the employee to notify immediately one or more of the

people designated below. The Company has convenient and reliable mechanisms in place for

reporting alleged violations of the policy. Complaints will be accepted in writing or orally.

Complaints can be directed to multiple persons within the Company, including:

•

An employee's supervisor;

•

Any member of the HR staff; or,

•

Any member of management.

All complaints shall be treated in a confidential manner to the extent possible. Upon receipt of a complaint or in circumstances where the Company becomes aware of alleged offending conduct,

a prompt, thorough, and impartial investigation shall be made concerning any alleged offending conduct. If the investigation leads to a determination that an individual engaged in conduct in

violation of the Company's policy, appropriate corrective action will be taken immediately, including the possible termination of the offending party. In investigating complaints under this policy, the Company may impose discipline for inappropriate conduct that comes to the

Company's attention, without regard to whether the conduct constitutes a violation oflaw.

Prohibition On Retaliation

The Company will not tolerate adverse treatment of any employee because he or she

reports harassment or discrimination, or provides information related to such complaints. As this policy strictly prohibits retaliation of any form against anyone who complains of alleged

violations of this policy, the prohibition against retaliation also applies to any employee involved

14

Case 2:00-cv-00264-JES Document 82 Filed 01/23/2002 Page 15 of 19
)
in or cooperating with any investigation of alleged offending conduct under this policy. Thus, a supervisor is prohibited from making any personnel decision or taking any other adverse action against any employee because the employee complained or cooperated in good faith with an investigation of alleged conduct prohibited by this policy. Any acts of retaliation will be considered a violation of this policy, and corrective action will be taken immediately, including the possible termination of any individual who engages in retaliation of any form.
Acknowledgment Of Receipt And Understanding Of The Company's Equal Employment Opportunity, Anti-Harassment, And Non-Discrimination Policy
My signature below acknowledges and certifies that I have received, read, and understand the Company's equal employment opportunity, anti-harassment, and non-discrimination policy and complaint procedure. I have familiarized myself with the policy and complaint procedure, and I understand and agree that abiding by this policy is required by the Company.
SIGNED: Employee Signature
DATE:

SIGNED: DATE:

Supervisor's Signature

15

Case 2:00-cv-00264-JES Document 82 Filed 01/23/2002 Page 16 of 19

)

}

EXHIBIT "B" NOTICE TO ALL EMPLOYEES

This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC

v. Sun-Rich, Inc. ofImmokalee, Civil Action No.: 00-CIV-264-FTM-21D in the Middle District

of Florida. Sun-Rich will not discriminate against employees in violation of Title VII of the

Civil Rights Act, as amended, ("Title VII"). Title VII protects individuals from unlawful

discrimination in all aspects of their employment, including hiring, layoffs, promotions and

discharge. Title VII protects individuals from discrimination in employment because of their

race, national origin, religion, color or gender. Specifically, Sun-Rich will not discriminate

against its employees by subjecting them to layoff or discharge from their employment, or by

failing to hire potential employees, on the basis of their race or national origin. The law also

protects such employees from retaliation for opposing any employment practice deemed

unlawful by Title VII, or for participating in any investigation, proceeding or hearing conducted

pursuant to Title VII.

Sun-Rich does not condone discrimination of any kind as prohibited under Title VII.

Furthermore, Sun-Rich assures its employees that it supports Title VII, and will not take any

action against an individual because he/she has exercised hislher 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 company's policies regarding

race and national origin discrimination.

This notice shall remain posted for three (3) 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 or (305) 530-7100.

Signed this __ day of

,2001.

President Sun-Rich Of Immokalee, Inc.

16

Case 2:00-cv-00264-JES Document 82
\
)

Filed 01/23/2002 Page 17 of 19

EXHIBITC 1. Agathe Charleus........................... $40,000.00 2. Anne Jean...................................$21,250.00 3. Leosthene Phenix..........................$21 ,250.00 4. Adriana Jean-Jacques ..................... $21,250.00 5. Marie Adonis.........................................$21,250.00 6. Rose Duclaire........................................$21,250.00 7. Shine Joseph................................$21,250.00 8. Anita Dijeuste .............................. $21,250.00 9. Maurice Pierre.............................. $21,250.00

17
23176111

Case 2:00-cv-00264-JES Date Printed: 03/14/2002

Document 82 Filed 01/23/2002 F I L E COP Y

Page 18 of 19

Notice sent to:
Frank H. Henry, Esq. Baker & McKenzie 1200 Brickell Ave., Suite 1900 Miami, FL 33131-2827
Neil McGuinness, Esq. Baker & McKenzie 1200 Brickell Ave., Suite 1900 Miami, FL 33131-2827
Laurie L. Martin, Esq. Baker & McKenzie 4500 Trammel Crow Center 2001 Ross Ave. Dallas, TX 75201
Steven A. Miller, Esq. Baker & McKenzie 2800 One Prudential Plaza 130 E. Randolph Dr. Chicago, IL 60601
Gerald Maatman Jr., Esq. Baker & McKenzie 2800 One Prudential Plaza 130 E. Randolph Dr. Chicago, IL 60601
Jennifer H. Zawid, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gwendoln Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office

Case 2:00-cv-00264-JES Document 82 Filed 01/23/2002 One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Page 19 of 19

Gilbert Carrillo, Esq. Equal Employment Opportunity Commission
Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

M. Teresa Rodriguez, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Lisa A. Carmona, Esq. Florida Rural Legal Services, 423 Fern St.
Suite 220 West Palm Beach, FL 33401

Inc.

Sally Gayle Schmidt, Esq. Florida Rural Legal Services, 423 Fern St. Suite 220 West Palm Beach, FL 33401

Inc.

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?242193120762318-L_3...

U.S. District Court Middle District of Florida (Ft. Myers) CIVIL DOCKET FOR CASE #: 2:00-cv-00264-JES

CLOSED, DNF

EEOC, et al v. Sun-Rich Assigned to: Judge John E. Steele Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission
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Date Filed: 06/15/2000 Date Terminated: 03/14/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Jennifer H. Zawid Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
M. Teresa Rodriguez Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 Fax: 305/536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Pauline Terrelonge Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Suite 1000 Tampa, FL 33602 813/228-2310 TERMINATED: 10/03/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sally Gayle Schmidt Florida Equal Justice Center
6/18/2007 9:25 AM

Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?242193120762318-L_3...
3210 Cleveland Avenue 101-A Fort Myers, FL 33901 239/277-7060 Fax: 239/277-9050 Email: sally.schmidt@flajustice.org TERMINATED: 09/08/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
C. Gregory Stewart Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED
Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklin-thomas@eeoc.gov ATTORNEY TO BE NOTICED
Gilbert Carrillo Law Office of Gilbert Carrillo P.A 2651 SW 109 Avenue Davie, FL 33328-1003 954/258-4565 Fax: 305/530-6121 Email: g2651carrillo@aol.com ATTORNEY TO BE NOTICED
Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED

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V.
Defendant
Sun-Rich Of Immokalee, Inc. formerly known as Sun-Rich Of Florida City, Florida

represented by Frank H. Henry Bennett Aiello Henry & McGuinness, LLP The Ingraham Bldg., Suite 808 25 S.E. Second Ave. Miami, FL 33131 305/358-9011 Ext 106 Fax: 305/358-9031 Email: fhenry@bahmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gerald L. Maatman, Jr. Baker & McKenzie 2800 One Prudential Plaza 130 E. Randolph Dr. Chicago, IL 60601 312/861-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie L. Martin Baker & McKenzie 4500 Trammel Crow Center 2001 Ross Ave. Dallas, TX 75201 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Neil F. McGuinness Neil F. McGuinness, P.A. 11645 Biscayne Boulevard, Suite 400 Miami, FL 33181-3139 305/981-4301 Fax: 305/981-4304 Email: nmcguinness@bahmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven A. Miller Sachnoff & Weaver, Ltd. 30 S. Wacker Drive, Suite 2900 Chicago, IL 60606 312/207-1000 Email: smiller@sachnoff.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Mediator Bruce A. Blitman TERMINATED: 12/20/2001
Intervenor Defendant Sun-Rich Of Immokalee, Inc. formerly known as Sun-Rich Of Florida City, Florida
Intervenor Plaintiff Antoine Leveque TERMINATED: 01/10/2001

represented by Bruce A. Blitman Law Office of Bruce A. Blitman 9050 Pines Blvd., Suite 450 Pembroke Pines, FL 33024 305/437-3446 PRO SE
represented by Frank H. Henry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gerald L. Maatman, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie L. Martin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Neil F. McGuinness (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven A. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva Post Office Box 770849 Naples, FL 34107-0849 239/514-4855 Fax: 239/514-4855 Email: AdriaLynnSilva@aol.com TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ashley D. Lupo Roetzel & Andress L.P.A 850 Park Shore Dr. 3rd Floor

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Intervenor Plaintiff Wislin Damas TERMINATED: 01/10/2001
Intervenor Plaintiff Marie Semervil TERMINATED: 01/10/2001

Naples, FL 34103 239/649-6200 Fax: 239/261-3659 TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona Florida Rural Legal Services, Inc. 423 Fern St. Suite 220 West Palm Beach, FL 33401 561/655-8944 TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona

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Intervenor Plaintiff Islande Regis TERMINATED: 01/10/2001
Intervenor Plaintiff Anne Marie Joseph TERMINATED: 01/10/2001
Intervenor Plaintiff Georges Jean-Denis TERMINATED: 01/10/2001

(See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff Micheline Dubois TERMINATED: 01/10/2001
Intervenor Plaintiff Eugenie Belsince TERMINATED: 01/10/2001

Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff Charleus Agathe
Intervenor Plaintiff Erilia Francois TERMINATED: 01/10/2001
Intervenor Plaintiff Examene Dorvilus TERMINATED: 01/10/2001

represented by Adria Lynn Silva (See above for address) TERMINATED: 09/21/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sally Gayle Schmidt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff
Antonia Benjamin TERMINATED: 01/10/2001

Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adria Lynn Silva (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ashley D. Lupo (See above for address) TERMINATED: 09/26/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa A. Carmona (See above for address) TERMINATED: 01/10/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/15/2000 06/15/2000 06/16/2000 06/16/2000
06/30/2000

#

Docket Text

1 COMPLAINT filed; jury demand (drn) (Entered: 06/15/2000)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Douglas N. Frazier (drn) (Entered: 06/15/2000)
2 NOTICE of designation under Local Rule 3.05 - TRACK 2. RELATED CASE ORDER. The parties shall file notice of pendency of other actions within 11 days. (ctc) (bjt) (Entered: 06/16/2000)
3 INTERESTED PERSONS ORDER FOR CIVIL AND CRIMINAL CASES directing the parties to file a certificate of interested persons and corporate disclosure statement within 11 days. ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (bjt) (Entered: 06/16/2000)
4 CERTIFICATE OF COMPLIANCE by Equal Employment Re: [3-1] order (bjt) (Entered: 06/30/2000)

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06/30/2000 07/12/2000 07/19/2000
07/19/2000
08/02/2000
08/14/2000 08/14/2000 08/16/2000 08/18/2000 08/18/2000 08/18/2000 08/18/2000 08/21/2000 08/21/2000 09/05/2000

5 NOTICE by Equal Employment of pendency of other actions re: order of compliance to local rule (bjt) (Entered: 06/30/2000)
6 NOTICE of attorney appearance and assignment for Equal Employment by Pauline Terrelonge (bjt) (Entered: 07/12/2000)
7 MOTION to intervene by Antoine Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Charleus Agathe, Erilia Francois, Examene Dorvilus, Antonia Benjamin, referred to Magistrate Judge Douglas N. Frazier (bjt) Modified on 08/11/2000 (Entered: 07/20/2000)
8 MEMORANDUM by Antoine Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Charleus Agathe, Erilia Francois, Examene Dorvilus, Antonia Benjamin in support of [7-1] motion to intervene by Antoine Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Charleus Agathe, Erilia Francois, Examene Dorvilus, Antonia Benjamin (bjt) (Entered: 07/20/2000)
9 RESPONSE by Equal Employment to [7-1] motion to intervene by Antoine Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Charleus Agathe, Erilia Francois, Examene Dorvilus, Antonia Benjamin (bjt) (Entered: 08/02/2000)
10 NOTICE OF CASE REASSIGNMENT to the Honorable Judge John E. Steele . ctc (aa) (Entered: 08/14/2000)
11 WAIVER OF SERVICE returned executed as to Sun-Rich on 7/21/00 Answer due on 9/19/00 for Sun-Rich (bjt) (Entered: 08/15/2000)
12 Waiver of Service of Summons form filed by Equal Employment (bjt) (Entered: 08/16/2000)
13 NOTICE of attorney appearance for Sun-Rich by Gerald L. Maatman, Jr. (bjt) Modified on 08/18/2000 (Entered: 08/18/2000)
14 NOTICE of attorney appearance for Sun-Rich by Laurie L. Martin (bjt) (Entered: 08/18/2000)
15 NOTICE of attorney appearance for Sun-Rich by Steven A. Miller (bjt) (Entered: 08/18/2000)
16 ANSWER and affirmative defenses to [1-1] complaint by Sun-Rich (bjt) (Entered: 08/18/2000)
17 NOTICE by Sun-Rich of pendency of other actions re: order of compliance to local rule (bjt) (Entered: 08/21/2000)
18 INTERESTED PERSONS ORDER directing party, Sun Rich to respond within 11 days. ( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 08/21/2000)
19 ORDER granting [7-1] motion to intervene. (Signed by Magistrate Judge Douglas N. Frazier) ctc (aa) (Entered: 09/05/2000)

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09/05/2000
09/05/2000
09/05/2000 09/05/2000 09/05/2000 09/11/2000
09/14/2000 09/14/2000 09/18/2000 09/18/2000 09/18/2000 09/19/2000 09/19/2000 09/19/2000 09/20/2000

20 ORDER denying [13-1] appear/appearance notice by attorney Gerald Maatman, denying [14-1] appear/appearance notice by attorney Laurie L. Martin, denying [15-1] appear/appearance notice by attorney Steven A. Miller (Signed by Magistrate Judge Douglas N. Frazier) ctc (aa) (Entered: 09/05/2000)
21 INTERVENOR'S COMPLAINT by Antoine Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Charleus Agathe, Erilia Francois, Examene Dorvilus, Antonia Benjamin against Sun-Rich (aa) (Entered: 09/05/2000)
22 UNOPPOSED MOTION by Equal Employment to extend time case management conference and filing of the joint case management report referred to Magistrate Judge Douglas N. Frazier (aa) (Entered: 09/06/2000)
23 WAIVER OF SERVICE returned executed as to Sun-Rich on 6/27/00 Answer due on 8/28/00 for Sun-Rich (aa) (Entered: 09/06/2000)
24 CERTIFICATE OF COMPLIANCE by Sun-Rich Re: [18-1] order (aa) (Entered: 09/06/2000)
25 ORDER granting [22-1] consent motion to extend time case management conference and filing of the joint case management report. The parties shall have up to and including 9/2000 to confer with respet to the Case Management Conference. The parties are to file case management report no later than 15 days thereafter. ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (bjt) (Entered: 09/12/2000)
26 MOTION by Sun-Rich for Gerald Maatman, Jr. to appear pro hac vice referred to Magistrate Judge Douglas N. Frazier (bjt) (Entered: 09/14/2000)
27 MOTION by Sun-Rich for Steven A. Miller to appear pro hac vice referred to Magistrate Judge Douglas N. Frazier (bjt) (Entered: 09/14/2000)
28 MOTION by Sun-Rich for Laurie L. Martin to appear pro hac vice referred to Magistrate Judge Douglas N. Frazier (bjt) (Entered: 09/18/2000)
29 ORDER granting [26-1] motion for Gerald Maatman, Jr. to appear pro hac vice ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (bjt) (Entered: 09/18/2000)
30 ORDER granting [27-1] motion for Steven A. Miller to appear pro hac vice ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (bjt) (Entered: 09/18/2000)
31 ORDER granting [28-1] motion for Laurie L. Martin to appear pro hac vice ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (bjt) (Entered: 09/19/2000)
32 MOTION by Antoine Leveque, Wislin Damas, et al for Frederick C. Kramer to withdraw as attorney referred to Magistrate Judge Douglas N. Frazier (bjt) (Entered: 09/19/2000)
33 ANSWER and affirmaive defenses by Sun-Rich to [21-1] intervenor complaint (bjt) (Entered: 09/19/2000)
34 NOTICE by Antoine Leveque, Wislin Damas, et al of pendency of other actions re: order of compliance to local rule (bjt) (Entered: 09/20/2000)

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09/26/2000
10/03/2000
10/03/2000 10/06/2000
10/06/2000 10/13/2000 11/15/2000 11/15/2000 11/20/2000 11/20/2000 11/20/2000 11/20/2000 11/20/2000 11/20/2000

35 ORDER granting [32-1] motion for Frederick C. Kramer to withdraw as attorney (Terminated attorney Ashley D. Lupo for Antonia Benjamin, attorney Ashley D. Lupo for Examene Dorvilus, attorney Ashley D. Lupo for Erilia Francois, attorney Ashley D. Lupo for Charleus Agathe, attorney Ashley D. Lupo for Eugenie Belsince, attorney Ashley D. Lupo for Micheline Dubois, attorney Ashley D. Lupo for Georges Jean-Denis, attorney Ashley D. Lupo for Anne Marie Joseph, attorney Ashley D. Lupo for Islande Regis, attorney Ashley D. Lupo for Marie Semervil, attorney Ashley D. Lupo for Wislin Damas ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (bjt) (Entered: 09/26/2000)
36 CERTIFICATE OF COMPLIANCE by Antoine Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Charleus Agathe, Erilia Francois, Examene Dorvilus, Antonia Benjamin Re: [3-1] order (bjt) (Entered: 10/03/2000)
37 CASE MANAGEMENT REPORT (c: courtroom deputy) (bjt) (Entered: 10/03/2000)
38 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 11/2/01 ; Discovery cutoff 12/3/01 ; dispositive motion filing deadline for 1/2/02 Pretrial statement due on or before 4/5/02 ; Pretrial conference for 9:00 5/17/02 ; Jury trial set for term commencing 6/3/02 ; Scheduled for Judge John E. Steele ( signed by Judge John E. Steele ) ctc (bjt) (Entered: 10/06/2000)
38 NOTICE OF HEARING: set mediation conference for 12/17/01 ( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 10/06/2000)
SUMMONS(ES) issued for Janet Reno, U.S. Attorney. Consent(s) issued. (aa) (Entered: 10/13/2000)
39 MOTION by Sun-Rich with memorandum in support to strike , for summary judgment as to claims for compensatory and punitive damages (bjt) (Entered: 11/15/2000)
40 SUMMARY JUDGMENT NOTICE (Signed by Deputy Clerk/BJH) ctc (bjt) (Entered: 11/15/2000)
41 NOTICE of acceptance of offer of judgment to Marie Semervil by Sun-Rich (bjt) (Entered: 11/20/2000)
42 NOTICE of acceptance of offer of judgment to Isalande Regis by Sun-Rich (bjt) (Entered: 11/20/2000)
43 NOTICE of acceptance of offer of judgment to Wislin Damas by Sun-Rich (bjt) (Entered: 11/20/2000)
44 NOTICE of acceptance of offer of judgment to Examene Dorvilus by Sun-Rich (bjt) (Entered: 11/20/2000)
45 NOTICE of acceptance of offer of judgment to Eugenie Belsince by Sun-Rich (bjt) (Entered: 11/20/2000)
46 NOTICE of acceptance of offer of judgment to Erilia Francois by Sun-Rich (bjt) (Entered: 11/20/2000)

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11/20/2000 11/20/2000 11/20/2000 11/29/2000 11/29/2000 11/29/2000
11/29/2000 12/15/2000 12/15/2000 12/21/2000 12/21/2000
12/21/2000 01/04/2001 01/10/2001
01/10/2001 01/10/2001
01/22/2001

47 NOTICE of acceptance of offer of judgment to Micheline Dubois by Sun-Rich (bjt) (Entered: 11/20/2000)
48 NOTICE of acceptance of offer of judgment to Anne Marie Joseph by Sun-Rich (bjt) (Entered: 11/20/2000)
49 NOTICE of acceptance of offer of judgment to Antonia Benjamin by Sun-Rich (bjt) (Entered: 11/20/2000)
50 RESPONSE by Equal Employment in opposition to [39-1] motion to strike, [39-2] motion for summary judgment (sll) (Entered: 11/29/2000)
50 CROSS MOTION by Equal Employment for summary judgment (sll) (Entered: 11/29/2000)
51 CONCISE statement of material facts not in dispute in support of EEOC's cross-motion for summary judgment with respect to defendant's first affirmative defense by Equal Employment (sll) (Entered: 11/29/2000)
52 SUMMARY JUDGMENT NOTICE (sll) (Entered: 11/29/2000)
53 NOTICE of acceptance of offer of judgment to Georges Jean-Denis by Sun-Rich (bjt) (Entered: 12/15/2000)
54 NOTICE of acceptance of offer of judgment to Antonine Leveque by Sun-Rich (bjt) (Entered: 12/15/2000)
55 ORDER pursuant to notices of acceptance of offer of judgments the Clerk shall enter judgment.( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 12/21/2000)
56 JUDGMENT for Antoine Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Charleus Agathe, Erilia Francois, Examene Dorvilus, Antonia Benjamin against Sun-Rich . Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (bjt) (Entered: 12/21/2000)
CASE CLOSED. (bjt) (Entered: 12/21/2000)
57 MOTION by Sun-Rich to amend judgment (bjt) (Entered: 01/04/2001)
58 ORDER granting [57-1] motion to amend judgment, vacating [56-1] judgment order. The clerk shall enter an amended judgment. ( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 01/10/2001)
CASE REOPENED. (bjt) (Entered: 01/10/2001)
59 AMENDED JUDGMENT for Antoine Leveque, Wislin Damas, Marie Semervil, Islande Regis, Anne Marie Joseph, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Erilia Francois, Examene Dorvilus, Antonia Benjamin against Sun-Rich . Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (bjt) (Entered: 01/10/2001)
60 STATEMENT by Antoine Leveque, Marie Semervil, Islande Regis, Anne Marie Joseph, Wislin Damas, Georges Jean-Denis, Micheline Dubois, Eugenie Belsince, Charleus Agathe, Erilia Francois, Examene Dorvilus, Antonia Benjamin in support of [57-1] motion to amend judgment (sll) (Entered:

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04/02/2001
04/11/2001 04/16/2001 06/25/2001 06/26/2001 06/29/2001
08/17/2001 08/22/2001
08/22/2001 08/22/2001
09/10/2001
09/12/2001
09/21/2001 09/21/2001 10/01/2001 10/05/2001 10/09/2001

01/22/2001)
61 MOTION by Equal Employment with memorandum in support for leave to file in excess of deposition limit referred to Magistrate Judge Douglas N. Frazier (Proposed Order attached) (bjt) (Entered: 04/02/2001)
62 ORDER granting [61-1] motion for leave to file in excess of deposition limit ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (bjt) (Entered: 04/11/2001)
63 RESPONSE by Sun-Rich to [61-1] motion for leave to file in excess of deposition limit (bjt) (Entered: 04/16/2001)
64 MOTION by Equal Employment to substitute attorney referred to Magistrate Judge Douglas N. Frazier (bjt) (Entered: 06/25/2001)
65 ORDER granting [64-1] motion to substitute attorney ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (bjt) (Entered: 06/26/2001)
66 AMENDED NOTICE OF HEARING: reset pretrial conference for 9:00 5/20/02 scheduled for Judge John E. Steele ( Signed by Deputy Clerk ) ctc (bjt) (Entered: 06/29/2001)
67 MOTION by Sun-Rich with memorandum in support for case management conference hearing (bjt) (Entered: 08/20/2001)
68 ORDER granting [67-1] motion for case management conference hearing. This matter is referred to Magistrate Judge Frazier to hold a preliminary pretrial conference. ( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 08/22/2001)
69 NOTICE of pending dispositive motion by Sun-Rich (bjt) (Entered: 08/22/2001)
70 NOTICE OF HEARING: set preliminary pretrial conference for 11:00 9/10/01 scheduled for Magistrate Judge Douglas N. Frazier ( Signed by Deputy Clerk ) ctc (bjt) (Entered: 08/22/2001)
71 PRELIMINARY PRETRIAL CONFERENCE held on 9/10/01 before Magistrate Judge Douglas N. Frazier Court Reporter: NMRS-Patsy Coleman (bjt) (Entered: 09/11/2001)
72 ORDER that within 10 days from the date of this Order the Plaintiff and Intervenors shall provide the names and addresses of all individuals that are eligible to be claimants in this action that have not been provided previously. ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (bjt) (Entered: 09/12/2001)
73 RESPONSE by Equal Employment to [72-1] order (bjt) (Entered: 09/21/2001)
74 NOTICE of withdrawal of counsel (bjt) (Entered: 09/21/2001)
75 NOTICE of re-assignment of attorney by Equal Employment (bjt) (Entered: 10/03/2001)
76 MOTION by Charleus Agathe for Adria Lynn Silva to withdraw as attorney referred to Magistrate Judge Douglas N. Frazier (bjt) (Entered: 10/05/2001)
77 ORDER granting [76-1] motion for Adria Lynn Silva to withdraw as attorney (Terminated ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (bjt) (Entered: 10/10/2001)

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10/15/2001 12/07/2001 12/20/2001 01/07/2002
01/23/2002 01/28/2002
02/19/2002 03/14/2002 03/14/2002

78 NOTICE of substitution of counsel by Equal Employment (bjt) (Entered: 10/15/2001)
79 NOTICE of mediation by Sun-Rich (bjt) (Entered: 12/07/2001)
80 MEDIATION REPORT. Mediation conference held: 12/17/01. Bruce Blitman, mediator. Hearing outcome: SETTLED (bjt) (Entered: 12/20/2001)
81 ORDER this cause is dismissed without prejudice subject to the right of the parties within 60 days to move otherwise. The Clerk is directed to terminate any deadlines and motions. ( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 01/07/2002)
82 CONSENT DECREE by Sun-Rich, Equal Employment (bjt) (Entered: 01/23/2002)
83 ORDER that the parties may file a memorandum of reasons within 20 days concerning jurisdiction.( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 01/28/2002)
84 CERTIFICATE OF COMPLIANCE by Sun-Rich, Equal Employment Re: [83-1] order regarding consent decree. (aa) (Entered: 02/20/2002)
ENDORSED ORDER granting [82-1] decree consent (Signed by Judge John E. Steele) ctc (aa) (Entered: 03/14/2002)
CASE CLOSED. (aa) (Entered: 03/14/2002)

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 EEOC FILES TWO RACIAL BIAS SUITS AGAINST FLORIDA EM...

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The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE Thursday, June 15, 2000

CONTACT: Delner Franklin-Thomas (305) 530-6001 Federico Costales (305) 530-6060 Gilbert Carrillo (305) 530-6002
TTY: (305) 536-5721

EEOC FILES TWO RACIAL BIAS SUITS AGAINST FLORIDA EMPLOYERS

*** Allegations Include Hangman's Noose at Work Site, Failure to Hire African Americans and Haitians ***
MIAMI - As part of its increased enforcement efforts to eliminate racial bias and national origin discrimination in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) today announced the filing of two lawsuits against Florida companies in the recreational sports and agricultural industries. The first suit charges the Sanctuary Golf Course of Sanibell Island with persistent racial harassment of a male African American employee by subjecting him to repeated verbal abuse and physical threats, including displaying a hangman's noose. The second suit charges Sun-Rich of Florida City, a major Sunbelt agricultural employer, with failure to hire qualified Haitian and African American applicants due to their national origin and race.
Ida L. Castro, Chairwoman of the EEOC, announced the filing of the suits today during a visit to Miami to deliver a speech to the AFL-CIO's National Convention on Civil and Human Rights. "Discrimination and harassment based on race and national origin continue to run rampant at work sites across the country," she said. "The Commission has stepped up its enforcement efforts to combat such blatant forms of bias and bigotry."
Ms. Castro noted that not only does race discrimination continue to account for the highest percentage of all charges filed with the agency, but charges of racial harassment have skyrocketed by nearly 400% since the 1980s. "As the EEOC prepares to observe its 35th anniversary this summer, it is extremely disturbing that the types of egregious racial harassment that America witnessed in the 1960s, including the presence of nooses in the workplace, are resurfacing at the dawn of the 21st century."
EEOC's suit against Sanctuary Golf Course, filed in U.S. District Court for the Middle District of Florida (Orlando Division), charged the company with maintaining a racially hostile work environment and constructively discharging Samuel Hulsinger based on his race, African American. Mr. Hulsinger, who was hired in April 1997 as a groundskeeper, was subjected to frequent and severe verbal racial harassment in the presence of supervisors, including derogatory racial slurs such as "monkey, spook, black boy" and "Sambo." One manager of the landscaping department made repeated references to the Ku Klux Klan, telling Mr. Hulsinger, "You're going to have to deal with this, you're in the South now."
Physical threats to Mr. Hulsinger included one co-worker who flashed a knife while remarking, "We know how to take care of you, Sam...the KKK will take care of you." On another occasion, several co-workers held up a hangman's noose and said to Mr. Hulsinger, "Hey Sam, do you want to go for a ride with us? We know how to take care of you."
Despite Mr. Hulsinger's complaints to senior management, no action was taken to correct the harassment. As a result of the harassment, Mr. Hulsinger suffered from serious medical ailments, including dangerously high blood pressure, stress, chest pains, and an angina attack which required hospitalization. Mr. Hulsinger subsequently resigned from the company due to the discriminatory work conditions and related health problems.
EEOC also filed a class suit today alleging race and national origin discrimination against Sun-Rich Immokalee, Inc., a major agricultural employer based in Florida City. The suit, filed in U.S. District Court for the Middle District of Florida (Ft. Myers division), charged the company with refusing to hire any qualified Haitian or African Americans as agricultural workers, despite numerous openings, during the period of May 1999 through December 1999.
The suit alleges that when African Americans and Haitians tried to apply for jobs, they were continually told

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that there was no work available, even though applicants of other races and national origins were hired. In one instance, a charging party was told by a manager that the company "was not going to hire Haitians anymore. I don't want to work with Haitians."
Both EEOC suits seek compensatory and punitive damages for the aggrieved individuals, injunctive relief, employer training of their workforces, monitoring by EEOC, and posting of notices at the work site to comply with the anti-discrimination laws.
EEOC General Counsel C. Gregory Stewart said, "No one should have to put up with harassment or adverse treatment on the job because of their race, national origin, or other protected characteristics, and the EEOC will continue to prosecute these kinds of cases as part of its strategic enforcement efforts."
Delner Franklin-Thomas, Regional Attorney for EEOC's Miami District Office, who was responsible for prosecuting the cases, said, "Employers in Florida and other states must understand that discrimination comes at a high cost. The EEOC will aggressively pursue employers and hold them accountable when they violate the anti-discrimination laws."
Federico Costales, District Director of EEOC's Miami office, said, "These cases show that no employer can target workers for discrimination based on their race or national origin. The Commission will continue to root out racial harassment and other forms of discrimination in order to ensure that equal employment opportunities are provided to everyone."
Both suits were filed under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. In addition to enforcing Title VII, the EEOC enforces the Age Discrimination in Employment Act, which protects workers 40 and older; the Equal Pay Act; the Americans with Disabilities Act, which prohibits discrimination against qualified individuals with disabilities in the private sector and state and local governments; prohibitions against discrimination affecting persons with disabilities in the federal government; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency's web site at www.eeoc.gov.
This page was last modified on June 15, 2000.

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