Case 0:06-cv-61483-KMM Document 1 Entered on FLSD Docket 09/29/2006 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FJ Q 8 PH 3: 3 0

CIVIL ACTION NO . : i_ . . _ , ; ; X 1 CT .
S .U . OF FL .". - HI A

UNITED STATES EQUAL EMPLOYMENT

06-61 4 8 3

OPPORTUNITY COMMISSION ,

Plaintiff, V.
UNITED HEALTHCARE OF FLORIDA, INC . ,

ClV-MOOR S
COMPLAINT
JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGH T

Defendant .

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Daniel Wolansky (hereinafter "Mr . Wolansky) who was adversely affected by such practices . As stated with greater particularity in paragraph 7 below, the United States Equal Employment Opportunity Commission (hereinafter "EEOC" or the "Commission") alleges that Mr . Wolansky was subjected to sexual harassment by a management official of the Defendant corporation's Sunrise, Florida facility. The Commission further alleges that Defendant United Healthcare of Florida, Inc . (hereinafter "United Healthcare") subsequently retaliated against Mr . Wolansky for engaging in a protected activity by unlawfully subjecting him to discipline and denying him employment benefits . Defendant Employer's conduct created a serious and material change in the terms and conditions of Mr . Wolansky's

Case 0:06-cv-61483-KMM Document 1 Entered on FLSD Docket 09/29/2006 Page 2 of 7
employment rendering his working conditions so intolerable that he was forced to resign his position as an account executive in United Healthcare ' s Key Accounts Unit .
JURISDICTION AND VENUE 1 . Jurisdiction of this Cou rt is invoked pursuant to 28 U.S .C. §§ 451, 1331, 1337 , 1343 and 1345 . This action is authorized and instituted pursuant to Section 706(0( 1) and (3) of Title VII of the Civil Rights Act of 1964 , as amended , 42 U.S. C . § 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991 , 42 U .S .C. § 1981A. 2. The employment practices alleged to be unlawful were commi tted within the jurisdiction of the United States District Court for the Southe rn District of Florida, Fort Lauderdale Division .
PARTIES 3 . Plaintiff, the EEOC, is the agency of the United States of America charged wit h the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 42 U .S.C. § 2000e-5(f)(1) and (3) . 4. At all relevant times, Defendant UnitedHealthcare of Florida, Inc . has continuously been a Florida corporation doing business in the State of Florida and the City of Sunrise, and has continuously had at least 15 employees . 5. At all relevant times, Defendant UnitedHealthcare of Florida, Inc . has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U .S .C. §§2000e(b), (g) and (h) .
STATEMENT OF CLAIM S 6. More than thirty days prior to the institution of this lawsuit, Mr. Wolansky file d
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Case 0:06-cv-61483-KMM Document 1 Entered on FLSD Docket 09/29/2006 Page 3 of 7
a charge with the Commission alleging violations of Title VII by Defendant UnitedHealthcare . All conditions precedent to the institution of this lawsuit have been fulfilled .
7. Since at least February 2004, Defendant UnitedHealthcare has engaged in unlawful employment practices at its Sunrise, Florida location in violation of in violation of Section 703(a) and Section 704(a) of Title VII, 42 U .S.C. §2000e-2(a) and §2000e-3(a) .
a. Daniel Wolansky was subjected to sexual harassment by one of Defendant's upper management officials in the form of offensive comments about his personal and sex life, unwelcomed requests for Mr . Wolansky to meet in the manager's office rather than communicate over the phone because he was "much cuter in person", and references to Mr . Wolansky as "sweetie" and "honey ." The manager also attempted to caress Mr. Wolansky's back on several occasions .
b. Defendant adversely altered the terms and conditions of Daniel Wolansky's employment, including subjecting him to discipline and denying him employment benefits, in retaliation for complaining of the unlawful sexual harassment .
c. Defendant's unlawful conduct rendered the terms and conditions of Mr . Wolansky's employment so intolerable that he was forced to resign his position .
8. The effect of the conduct complained of in paragraph 7 above has been to deprive Mr . Wolansky of equal employment opportunities and otherwise adversely affect his status as an employee because of his sex and/or in retaliation for his opposition to unlawful employmen t
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practices . 9. The unlawful employment practices complained of in paragraph 7 above were
intentional . 10. The unlawful employment practices complained of in paragraph 7 above were
done with malice or with reckless indifference to the federally protected rights of Mr . Wolansky .
PRAYER FOR RELIE F Wherefore, the Commission respectfully requests that this Court : A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment or any other employment practice which discriminates on the basis of sex and/or opposition to an unlawful employment practice . B . Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunity for males and which eradicate the effects of its past unlawful employment practices . C. Order Defendant UnitedHealthcare of Florida, Inc . to make whole Mr. Wolansky by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement and rightful place promotion or front pay . D. Order Defendant to make whole Mr . Wolansky 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 job search expenses and out of pocket losses ,
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in amounts to be determined at trial . E. Order Defendant to make whole Mr . Wolansky by providing compensation for
past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above , including emotional pain, suffering, inconvenience, humiliation , and loss of enjoyment of life , in amounts to be determined at trial .
F. Order Defendant to pay Mr . Wolansky 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 DEMAN D
The Commission requests a jury trial on all questions of fact raised by its complaint .
RONALD COOPER General Counsel JAMES L . LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney NORA E . CURTIN Supervisory Trial Attorney
CHERYL A . COOP E Seniof Trial Attorney FL Bar No . 0171591

Case 0:06-cv-61483-KMM Document 1 Entered on FLSD Docket 09/29/2006 Page 6 of 7
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower, Suite 2700 Two South Biscayne Boulevard Miami , Florida 33131-180 5 Tel. : (305) 808-1786 or (305) 808-1853 Fax : (305 ) 808-1835

Case 0:06-cv-61483-KMM Document 1 Entered on FLSD Docket 09/29/2006 Page 7 of 7

nJS44 (Rev .II'05)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other apers as required by law, except as provided

by local rules of court . This form, approved by the Judicial Conference of the United States in Seutem 97 required f e oft le Ccwti fur the purpose of initiating

i

hocivil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FOR11

)

I . (a) PLAINTIFF S United States Equal Employment Opportunity Commissio n

DEFENDANTS United Healthcare of Florida, Inc .

(b) County of Residence of First Listed Plaintiff (EXCEPT IN U .S. PLAINTIFF CASES )
(C) Attorney' s (Finn Name . Address, and Telephone Number)
U . S . Equal Employment Opportunity Commission 2 South Biscayne Boulevard , Suite 270 0
n.ilFL 33131 (305180&e 1853 ~`\ v

County of Residence of First L t `y (IN U .S. PL iNT~

and Count y

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE. TRACT I .AND INVOLVED .

~•u~s .

1t .1I, .

` GBER

(d) Check County 1Vhete Action Arose : 0 MIAMI- DADE 0 MONROE BROWARD 0 PALM BEACH 0 MARTIN u ST . LUCIE 0 INDIAN RIVER 0 OKEECHOBEE HIGHLANDS

11 . BASIS OF JURISDICTION (Place an "X" in One Box Only )

,(] 1 U .S. Govemnteu t Plaintiff

0 3 Federal Questio n (U .S. Government Not a Party)

III . CITIZENSHIP OF PRINCIPAL PARTIES( Placeau •'X-inOneBoxforPlaihtti

(For Diversity Cases Only) and One Box for Defendant )

PTF )EF PTF DEF

Citizen of This State

0 I 0 I Incorporated or Principal Pe 0 4 u 4

of Bus in ess In flits, State

O 2 U .S . Govemnheu t Defendant

0 4 Diversity (Indicate Citizenship of Parties in Item 111 )

Citizen of Another State u

IV . NATURE OF SUIT (Place an "X" in One Box Only

CONTRACT

TORTS

Citizen or Subject of a 0 Foteitui Country
FORFEITURE /PENALTY

0 110 Insurance

PERSONAL INJURY

0 120 Marin e 0 130 Miller Act 0 140 Negotiable Instrument

0 310 Airplan e u 315 Airplane Product
Liability

0 150 Recovery ofOvcrpaynnent 0 320 Assault, Libel &

& Enforcement of Judgment

Slander

0 151 Medicare Act

u 330 Federal Employers'

0 152 Recovery of Defaulted

Liability

Student Loans (Excl . Veterans) 0 153 Recovery ofOverpaytnent of Veleran's Benefits 0 160 Stockholders' Suits 0 190 Other Contract 0 195 Contract Product Liability 0 196 Franchise

0 340 Marine u 345 Marine Product
Liability 0 350 Motor Vehicle u 355 Motor Vehicle
Product Liability 0 360 Other Personal
I njury

REAL PROPERTY u 210 Land Condemnation
220 Foreclosure

CIVIL RIGHTS 0 441 Voting ! 442 Employment

0 230 Rent Lease & Ejecrinent 0 240 Torts to Land

u 443 Housing/ Accommodations

0 245 Tort Product Liability

0 444 Welfare

0 290 All Other Real Property

0 445 Amer . w/Disabilities Employment

0 446 Amer . w/Disabilities Other

0 440 Other Civil Right s

PERSONAL INJURY 0 610 Agriculture

0 362 Personal Injury - 0 620 Other Food & Drug

Med. Malpractice O 625 Drug Related Seizure

0 365 Personal Inju ry -

of Property 21 USC 881

Product Liability 0 630 Liquor Laws

0 368 Asbestos Personal u 640 R.R. & Truck

Injury Product

0 650 Airline Regs .

Liability

0 660 Occupational

PERSONAL PROPERTY

Safety/Health

0 370 Other Fraud

0 690 Other

u 371 Truth in Lending

LABOR

0 380 Other Personal

0 710 Fair Labor Standards

Property Damage

Act

0 385 Property Damage 0 720 Labor/Mbtm. Relations

Product Liability 0 730 Labor/ Mgntt .Reporting

& Disclosure Act

PRISONER PETITIONS 0 740 Railway Labor Act

0 510 Motions to Vacate u 790 Other Labor Litigation

Sentence

u 791 Empl . Ret . Inc.

Habeas Corpus :

Security Act

0 530 General

0 535 Death Penalty

0 540 Mandamus & Other

0 550 Civil Rights

0 555 Prison Condition

2 0 2 Incorporated anOTiincipal PLf! u of Busite Qif"~ttothcr S t

3 0 3 Foreign Nation G r~

(J 0 \ 6 0 6

-t1 u

BANKRUPTCY

OTHE 4T TFS

0 422 Appeal 28 USC 158 0 423 Withdrawa l
28 USC 157
PROPERTY RIGHTS 0 820 Copyrights 0 830 Patent 0 840 Trademark
SOCIAL SECURITY 0 861 HIA (1395ff) 0 862 Black Lung (923) O 863 DIWC/DIWW (405(g)) 0 864 SSID Tide XVI u 865 RSI (405(g))
FEDERAL TAX SUITS 0 870 Taxes (U.S . Plaintiff
or Defendant) 0 871 IRS-Third Party
26 USC 7609

Q 400.State R ortionnnen t
4'ta Antitrust ,] a~J~b?~pks ansevnking . O'504orunercev 0 460Dcportatiou u 470 Racketeer Influenced and
Corrupt Organizations 0 480 Consumer Credit 0 490 Cable/Sat TV Cl 810 Selective Service 0 850 Securities/Conunodities/
Exchang e 0 875 Customer Challenge
12 USC 341 0 u 890 Other Statutory Actions C3 891 Agricultural Acts 0 892 Economic Stabilization Ac t u 893 Environmen ta l Matter s O 894 Energy Allocation Ac t 0 895 Freedom of Infonnation
Act u 900Appeal of Fee Detemtination
Under Equal Acces s
to Justic e 0 950 Constitutionality o f
State Statutes

V . ORIGIN ( Place an "X" in One Box Only) Transferred from

421

I Original O 2 Removed Proceeding State

from 0 3 Court

Re-filed- 0 ( see VI below

4 )

Reinstated or Reopened

0 5 another distric (specify )

t

0 6 Multidistrict Cl 7 Litigatio n

Appeal to District Judge from Magistrate Judgmen t

VI . RELATED/ RE-FILED (See instructions

CASE(S) .

second page) :

a) Re-filed Case 0 YES jLl NO b) Related Cases O YES Q"N O

JUDGE

DOCKET NUMBER

VII . CAUSE OF ACTION

Cite the U .S . Civil Statute under which you are filing and Write a Brief Statement of Cause ( Do not cite jurisdictional statutes unless diversity) : This is an action under Title VII of the Civil Rights Act of 196 4
and Title I of the Civil Rights Act of 1991 to correct unlawful eTtploy-
ment practices on the basis of sex and retaliation and to provide appropriate
LENGTH OF TRIAL via 3 days estimated (for both sides to try entire case )

VIII . REQUESTED IN CHECK IF THIS IS A CLASS ACTION COMPLAINT : UNDER F .R .C .P . 23

DEMANDS

CHECK YES only ifdenhanded in complaint : JURY DEMAND : FO -Yes I N o

ABOVE INFORMATION IS TRUE & CORRECT TO SIGNATURE-OF AFCORNj WOF RECORD DAT E THE BEST OF MY KNOWLEDGE

IFP

 
 Case 0:06-cv-61483-KMM Document 5-2 Entered on FLSD Docket 11/07/2006 Page 1 of 15
EXHIBIT “A” UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case Number: 06-61483-CIV-MOORE/GARBER UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and DANIEL WOLANSKY, Plaintiff/Intervenor, vs. UNITED HEALTHCARE OF FLORIDA, INC., Defendant.
/ INTERVENOR’S COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff/Intervenor, DANIEL WOLANSKY, (“WOLANSKY”), by and through his undersigned attorneys, files this, his Complaint against Defendant, UNITED HEALTHCARE OF FLORIDA, INC., (“UNITED”), a Florida corporation, and states as follows:
INTRODUCTION 1. This is an action for injunctive relief and monetary damages to remedy discrimination on the basis of sex in the terms, conditions, and privileges of employment, retaliation, and to redress the deprivation of rights secured to Plaintiff/Intervenor by Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (“Title VII”), as amended by the Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1071 (1991), and the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes.
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2. At all times material hereto, Plaintiff/Intervenor was and continues to be a citizen of the State of Florida.
3. At all times material hereto, Defendant, Cognisa, was and continues to be a Florida Corporation.
4. At all times material hereto, Plaintiff/Intervenor is seeking damages against the Defendant in excess of $ 75,000.00 exclusive of interest, attorney’s fees and costs.
JURISDICTION 5. The jurisdiction of the Court over this controversy is based upon the following:
a. The Court’s jurisdiction conferred by 28 U.S.C. §§ 1331 and 1343(a)(4) conferring original jurisdiction upon this Court of any civil action to recover damages or to secure equitable relief under any act of Congress providing for the protection of Civil Rights;
b. Title VII, 42 U.S.C. § 2000e-5(f)(1), (3), and c. 28 U.S.C. § 1332.
VENUE 6. The venue of this Court over this controversy is based upon the following:
a. The unlawful employment practices alleged below occurred and/or were committed within the State of Florida, within Broward County. Accordingly, venue lies in the United States District Court for the Southern District of Florida pursuant to 28 U.S.C. § 1391(b); and
b. Plaintiff/Intervenor avers that Defendant is a corporation doing business in this judicial district within the meaning of 28 U.S.C. § 1391(c). Accordingly, venue lies in this judicial district pursuant to 28 U.S.C. §1391(c).
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PARTIES 7. At all times material hereto, Plaintiff/Intervenor, WOLANSKY, was and continues to be a male citizen of the United States, and a resident of Broward County, Florida. 8. At all times material hereto, Plaintiff/Intervenor, WOLANSKY, was an employee or former employee of Defendant. 9. At all times material hereto, Plaintiff/Intervenor, WOLANSKY, was employed by Defendant in Broward County, Florida. 10. At all times material hereto, Defendant transacted and continues to transact business and perform services in Broward County, Florida, within the Southern District of Florida. 11. At all times material hereto, Defendant was and continues to be an “employer” within the meaning of Title VII and the Florida Civil Rights Act of 1992. 12. At all times material hereto, Defendant had and continues to have more than 100 employees in each of twenty or more calendar weeks in the current or preceding year.
EXHAUSTION OF ADMINISTRATIVE REMEDIES 13. Plaintiff/Intervenor, WOLANSKY, has fulfilled all conditions precedent to the institution of this action by timely filing a written Charge of Discrimination with the Equal Employment Opportunity Commission, (“EEOC”), and the Florida Commission on Human Relations, (“FCHR”). 14. Plaintiff, EEOC issued a letter of determination, finding that there was reasonable cause to believe the Defendant committed violations of Title VII in the form of sex discrimination and retaliation. 15. After attempts at conciliation were unsuccessful, on or about September 28, 2006, the Plaintiff, EEOC, filed a lawsuit against the Defendant under Title VII of the Civil Rights Act
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of 1964, as amended, seeking to provide appropriate relief for Plaintiff/Intervenor, WOLANSKY, and any other similarly situated individuals.
16. In conjunction with this Complaint, Plaintiff/Intervenor, WOLANSKY, has moved this Honorable Court to intervene as a party to the Plaintiff’s, EEOC, Title VII action against the Defendant as well as adding a cause of action based on the Defendant’s violation of the Florida Civil Rights Act of 1992, as amended.
17. At all times material hereto, Plaintiff/Intervenor’s claims brought under the Florida Civil Rights Act have been brought more than 180 days from the date of his filing a charge of discrimination with the Florida Commission on Human Relations.
STATEMENT OF FACTS 18. Plaintiff/Intervenor was hired by Defendant as an account executive on or about 1996. 19. At all times material hereto, Plaintiff/Intervenor, WOLANSKY, was qualified for his position and performed his job duties with distinction. 20. Beginning in February of 2004, and continuing throughout his employment, Plaintiff/Intervenor was subjected to a sexually hostile working environment by Defendant, by Plaintiff’s/Intervenor’s superior, Bill Condon, the regional vice president. 21. Some of the unlawful sexual harassment by and through the actions of Defendant, by and through Bill Condon, included, without limitation:
a. Discussing details of his sex life with Plaintiff/Intervenor; b. Discussing on several occasions how Mr. Condon spent Valentine’s Day,
to wit, how he and his partner lounged around naked and making love all day while a naked chef prepared a special meal for them;
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c. Discussing how on a business trip Mr. Condon picked up another gentleman and had sexual relations with him all night;
d. Stating that his skiing was like his felatio, “they both get worse with age”; e. Telling Plaintiff/Intervenor that he was “much cuter in person”; f. Frequently calling Plaintiff/Intervenor “Honey” and “Sweetie”; g. Telling Plaintiff/Intervenor that time for him to give Plaintiff/Intervenor
“hugs and kisses”; h. Attempts to caress Plaintiff/Intervenor’s back. 21. From February, 2004 through June, 2004, Plaintiff/Intervenor continuously complained to Human Resources regarding the wholly inappropriate conduct and comments of Condon. 22. Human Resources initially told Plaintiff/Intervenor that it had conducted an investigation. However, no actions were taken to remedy the situation, and Plaintiff/Intervenor was not even interviewed. 23. Plaintiff/Intervenor was not told about the results of Defendant’s “investigation.” 24. After Plaintiff/Intervenor was forced to submit additional complaints due to Condon’s behavior, Plaintiff/Intervenor was contacted by human resources. Plaintiff/Intervenor told Defendant’s human resource department that he wanted the sexual harassment and hostile work environment to end. 25. Upon complaining to human resources, Defendant began retaliating against Plaintiff/Intervenor. Some actions included, but not limited to, disciplining Plaintiff/Intervenor for unfounded complaint; “papering” Plaintiff/Intervenor’s file; failing to approve Plaintiff/Intervenor’s deals; refusing to award Plaintiff/Intervenor stock options that had been
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Case 0:06-cv-61483-KMM Document 5-2 Entered on FLSD Docket 11/07/2006 Page 6 of 15
earned; depriving Plaintiff/Intervenor of commissions and bonuses that were earned; and continuing to subject Plaintiff/Intervenor to a hostile work environment.
26. Defendant’s actions made it impossible to continue in his position, and Plaintiff/Intervenor was forced to resign effective January 11, 2005.
27. Soon after Plaintiff/Intervenor was constructively discharged, Defendant forced Bill Condon to resign.
28. Plaintiff/Intervenor has retained the law firm of ROTHSTEIN ROSENFELDT ADLER to represent him in this litigation and the firm is entitled to be paid a reasonable fee for its services.
STATEMENT OF CLAIMS COUNT I
VIOLATION OF TITLE VII AGAINST DEFENDANTS HOSTILE WORK ENVIRONMENT/SEXUAL HARASSMENT 29. Plaintiff/Intervenor realleges and reavers paragraphs 1 through 28 of this Complaint as if fully set forth herein. 30. Defendant has discriminated against Plaintiff/Intervenor in the terms and conditions of his employment by allowing him to be sexually harassed in the workplace and by failing to take any action to prevent the sexually hostile environment. 31. The unlawful discrimination pattern, practice, usage and custom by Defendant, its agents and employees, as set forth herein, violates Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, as amended by the Civil Rights Act of 1991, Pub. L. No., 102-166, 105 Stat. 1071 (1991).
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32. As a direct and proximate result of Defendant’s unlawful and discriminatory employment policies and practices, Plaintiff/Intervenor has suffered damages and will continue to suffer irreparable injury and damages in the future, including, but not limited to:
a. Loss of past and future income; b. Loss of insurance benefits; c. Loss of other fringe benefits; d. Stress, anxiety and emotional distress; e. Significant past and future pain and suffering; f. Punitive damages; and g. Other financial losses. 33. Plaintiff/Intervenor is entitled to an award of reasonable attorneys’ fees, exerts fees, costs and expenses related to the litigation pursuant to §706(k) of Title VII, 42 U.S.C. §2000e-5(k), as amended by Section 113 of the Civil Rights Act of 1991. WHEREFORE, Plaintiff/Intervenor respectfully requests that judgment be entered in his favor against Defendant: a. Declaring, pursuant to 28 U.S.C. §§2201 and 2202, that the acts and
practices complained of herein are in violation of Title VII; b. Permanently enjoining Defendant from continuing and/or maintaining the
policy, practice and custom of denying, abridging, withholding or conditioning the federally protected rights of employees on the basis of sex; c. Directing Defendant to implement and post an appropriate sexual harassment policy in accordance with current EEOC regulations at Defendant’s places of business;
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d. Awarding back pay, prejudgment interest, post judgment interest and damages for all employment benefits Plaintiff/Intervenor would have received but for the discriminatory acts and practices of Defendant;
e. Directing that Defendant award Plaintiff/Intervenor front pay in lieu of restatement;
f. Awarding Plaintiff/Intervenor compensatory, consequential and punitive damages pursuant to Title VII, 42 U.S.C. § 2000e-5(k);
g. Awarding reasonable attorney’s fees, expert fees, and costs incurred in this action pursuant to Section 706(k) of Title VII, 42 U.S.C. § 2000(e)-5(k), as amended by Section 113 of the Civil Rights Act of 1991;
h. Awarding Plaintiff/Intervenor all other sums of money, medical benefits and other employment benefits with interest thereon, to which Plaintiff/Intervenor is entitled; and
i. Ordering any other relief this Court deems to be just and proper. COUNT II
VIOLATION OF §760.10, FLORIDA STATUTES SEXUAL HARASSMENT
34. Plaintiff/Intervenor realleges and reavers paragraphs number 1 through 28 of this Complaint as if fully set forth herein.
35. Defendant has discriminated against Plaintiff/Intervenor in the terms and conditions of his employment by allowing him to be sexually harassed in the workplace and by failing to take any action to prevent the sexually hostile environment.
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36. The unlawful discriminatory pattern, practice, usage and custom by Defendant and its agents and employees, as set forth above, violates the Florida Civil Rights Act of 1992, Section 760.10, Florida Statutes.
37. As a direct and proximate result of Defendant’s unlawful and discriminatory employment policies and practices, Plaintiff/Intervenor has suffered damages and will continue to suffer irreparable injury and damages in the future, including, but not limited to:
a. Loss of past and future income; b. Loss of future earning capacity; c. Loss of medical insurance and benefits; d. Loss of other fringe benefits; e. Stress, anxiety and emotional distress; f. Significant past and future pain and suffering; and g. Other financial losses. 38. Plaintiff/Intervenor is entitled to an award of reasonable attorney’s fees, expert fees, costs and expenses related to this litigation pursuant to § 760.11(5), Florida Statutes (1995). WHEREFORE, Plaintiff/Intervenor respectfully requests that judgment be entered in his favor against Defendants:
a. Declaring, pursuant to  28 U.S.C.  2201 and 2202, that the acts and practices complained of herein are in violation of the Florida Civil Rights Act of 1992;
b. Permanently enjoining Defendants from continuing and/or maintaining the policy, practice and custom of denying, abridging, withholding or conditioning, the state protected rights of employees on the basis of sex;
c. Awarding Plaintiff front pay in lieu of reinstatement;
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Case 0:06-cv-61483-KMM Document 5-2 Entered on FLSD Docket 11/07/2006 Page 10 of 15
d. Awarding Plaintiff back pay, prejudgment interest, postjudgment interest and damages for all employment benefits Plaintiff/Intervenor would have received but for the discriminatory acts and practices of Defendants;
e. Awarding Plaintiff/Intervenor compensatory, consequential and punitive damages for Plaintiff/Intervenor’s mental anguish and humiliation pursuant to  760.11(5), Florida Statutes;
f. Awarding reasonable attorney’s fees, expert fees, and costs incurred in this action pursuant to  760.11(5), Florida Statutes;
g. Awarding Plaintiff/Intervenor all other sums of money, including medical benefits and other employment benefits with interest thereon, to which Plaintiff/Intervenor is entitled; and
h. Ordering any other and further relief this Court deems to be just and proper COUNT III
VIOLATION OF TITLE VII: RETALIATION 39. Plaintiff/Intervenor realleges and reavers paragraphs 1 through 28 of this Complaint as if fully set forth herein. 40. Defendant retaliated against Plaintiff/Intervenor for complaining about sexual harassment in the workplace, and by failing to take any action to prevent the sexually hostile environment. 41. The unlawful discriminatory pattern, practice, usage and custom by Defendant and their agents and employees, as set forth above, violates Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, as amended by the Civil Rights Act of 1991, Pub. L. No., 102-166, 105 Stat. 1071 (1991).
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Case 0:06-cv-61483-KMM Document 5-2 Entered on FLSD Docket 11/07/2006 Page 11 of 15
42. After making multiple complaints to his supervisors, Plaintiff/Intervenor was subsequently retaliated against and constructively discharged, for complaining about the sexually hostile environment.
43. As a direct and proximate result of Defendant’s unlawful retaliation, Plaintiff/Intervenor has suffered damages and will continue to suffer irreparable injury and damages in the future, including, but not limited to:
a. Loss of past and future income; b. Loss of future earning capacity; c. Loss of medical insurance and benefits; d. Loss of other fringe benefits; e. Stress, anxiety and emotional distress; f. Significant past and future pain and suffering; and g. Other financial losses. 44. Plaintiff/Intervenor is entitled to an award of reasonable attorney’s fees, expert fees, costs and expenses related to this litigation pursuant to Title VII, 42 U.S.C. § 2000(e)-5(k), as amended by Section 113 of the Civil Rights Act of 1991. WHEREFORE, Plaintiff/Intervenor respectfully requests that judgment be entered in his favor against Defendant: a. Declaring, that the acts and practices complained of herein are in violation of
Section 706(k) of Title VII, 42 U.S.C. § 2000(e)-5(k), as amended by Section 113 of the Civil Rights Act of 1991; b. Permanently enjoining Defendant from continuing and/or maintaining the policy, practice and custom of denying, abridging, withholding or conditioning, the state protected rights of employees on the basis of sex;
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Case 0:06-cv-61483-KMM Document 5-2 Entered on FLSD Docket 11/07/2006 Page 12 of 15
c. Awarding Plaintiff/Intervenor front pay in lieu of reinstatement; d. Awarding Plaintiff/Intervenor back pay, prejudgment interest, post-
judgment interest and damages for all employment benefits Plaintiff, LISA, would have received but for the retaliatory acts and practices of Defendant; e. Awarding Plaintiff/Intervenor compensatory, consequential and punitive damages for Plaintiff/Intervenor’s mental anguish and humiliation pursuant to  Section 706(k) of Title VII, 42 U.S.C. § 2000(e)-5(k), as amended by Section 113 of the Civil Rights Act of 1991; f. Awarding reasonable attorney’s fees, expert fees, and costs incurred in this action pursuant to Section 706(k) of Title VII, 42 U.S.C. § 2000(e)-5(k), as amended by Section 113 of the Civil Rights Act of 1991; g. Awarding Plaintiff/Intervenor all other sums of money, including medical benefits and other employment benefits with interest thereon, to which Plaintiff/Intervenor is entitled; and h. Ordering any other and further relief this Court deems to be just and proper
COUNT IV VIOLATION OF THE FCRA: RETALIATION 45. Plaintiff/Intervenor realleges and reavers paragraphs 1 through 28 of this Complaint as if fully set forth herein. 46. Defendant retaliated against Plaintiff/Intervenor for complaining about sexual harassment in the workplace, and by failing to take any action to prevent the sexually hostile environment.
12

Case 0:06-cv-61483-KMM Document 5-2 Entered on FLSD Docket 11/07/2006 Page 13 of 15
47. The unlawful discriminatory pattern, practice, usage and custom by Defendant and their agents and employees, as set forth above, violates the Florida Civil Rights Act of 1992, Section 760.10, Florida Statutes.
48. After making multiple complaints to his supervisors, Plaintiff/Intervenor was subsequently retaliated against and constructively discharged, for complaining about the sexually hostile environment.
49. As a direct and proximate result of Defendant’s unlawful retaliation, Plaintiff/Intervenor has suffered damages and will continue to suffer irreparable injury and damages in the future, including, but not limited to:
a. Loss of past and future income; b. Loss of future earning capacity; c. Loss of medical insurance and benefits; d. Loss of other fringe benefits; e. Stress, anxiety and emotional distress; f. Significant past and future pain and suffering; and g. Other financial losses. 50. Plaintiff/Intervenor is entitled to an award of reasonable attorney’s fees, expert fees, costs and expenses related to this litigation pursuant to § 760.11(5), Florida Statutes (1995). WHEREFORE, Plaintiff/Intervenor respectfully requests that judgment be entered in his favor against Defendant: a. Declaring, that the acts and practices complained of herein are in violation of the
Florida Civil Rights Act of 1992; b. Permanently enjoining Defendant from continuing and/or maintaining the policy,
practice and custom of denying, abridging, withholding or conditioning, the state
13

Case 0:06-cv-61483-KMM Document 5-2 Entered on FLSD Docket 11/07/2006 Page 14 of 15
protected rights of employees on the basis of sex; c. Awarding Plaintiff/Intervenor front pay in lieu of reinstatement; d. Awarding Plaintiff/Intervenor back pay, prejudgment interest, post-judgment
interest and damages for all employment benefits Plaintiff, LISA, would have received but for the retaliatory acts and practices of Defendant; e. Awarding Plaintiff/Intervenor compensatory, consequential and punitive damages for Plaintiff/Intervenor’s mental anguish and humiliation pursuant to 760.11(5), Florida Statutes; f. Awarding reasonable attorney’s fees, expert fees, and costs incurred in this action pursuant to § 760.11(5), Florida Statutes; g. Awarding Plaintiff/Intervenor all other sums of money, including medical benefits and other employment benefits with interest thereon, to which Plaintiff/Intervenor is entitled; and h. Ordering any other and further relief this Court deems to be just and proper.
JURY DEMAND Plaintiff demands trial by jury on all issues so triable by right
14

Case 0:06-cv-61483-KMM Document 5-2 Entered on FLSD Docket 11/07/2006 Page 15 of 15

Respectfully submitted,
ROTHSTEIN ROSENFELDT ADLER
COUNSEL FOR PLAINTIFF/INTERVENOR LAS OLAS CITY CENTRE, SUITE 1650 401 EAST LAS OLAS BOULEVARD Fort Lauderdale, FL 33301 TEL: (954) 522-3456 FAX: (954) 527-8663 Email: sbirken@rra-law.com

H:\swrdocs\06-13104\Intervenor Complaint.doc

/s/ Shawn L. Birken, Esq. Stuart A. Rosenfeldt, Esq. Fla. Bar No. 316113 Shawn L. Birken, Esq. Fla. Bar No. 418765

15

 
 Case 0:06-cv-61483-KMM Document 79 Entered on FLSD Docket 07/20/2007 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 06-61483-CIV-Moore/Garber
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and DANIEL WOLANSKY,
Plaintiff/Intervenor, v. UNITED HEALTH CARE OF FLORIDA, INC.,
Defendant. ___________________________________/
ORDER THE COURT, by its Order dated July 11, 2007 (DE 59), directed the defendant to provide for the Court’s in camera inspection those documents set forth in the defendant’s Privilege Log, filed by defendant as part of its response in opposition to the plaintiff’s Motion to Compel Production of Documents (DE 47). Pursuant to such Order, the Court has received and examined each of said documents to which claims of privilege have been asserted by the defendant. The Court finds, from its examination of those documents to which privilege claims have been asserted, that such documents are indeed shielded by claims of attorney-client privilege and/or work product privilege. A substantial number of such documents are inter-office memoranda between attorneys reflecting their views regarding opinions on liability, investigation, strategy, and other such related items. Also included were various interviews conducted by the defendant’s attorneys in

Case 0:06-cv-61483-KMM Document 79 Entered on FLSD Docket 07/20/2007 Page 2 of 2
anticipation of litigation, all of which are shielded by the work product privilege. Defendant, in response to the plaintiff’s Motion to Compel Production of Documents, has
furnished a substantial number of documents such as non-privileged documents relating to (1) William Condon, (2) complaints of sex discrimination and/or retaliation made during William Condon’s employment at the Sunrise Facility, (3) plaintiff-intervenor Daniel Wolansky, and (4) complaints of sexual harassment and retaliation at the Sunrise Facility.
As to those documents sought and to which claims of privilege have not been asserted, the Court finds that such documents may well lead to relevant or admissible evidence in this cause. Accordingly, and upon due and careful consideration, it is hereby
ORDERED as follows: 1. Plaintiff’s Motion to Compel Production of Documents is GRANTED in its entirety except as to those documents to which claims of privilege have been asserted, the Court finding that such claims of privilege are valid and those documents are not subject to production. 2. The defendant shall produce all documents required by this Order on or before July 31, 2007. DONE AND ORDERED in Chambers at Miami, Florida this 20th day of July, 2007.
______________________________ BARRY L. GARBER UNITED STATES MAGISTRATE JUDGE

 
 Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No. 06-61483-CIV-MOORE

UNITED STAT S EQUAL EMPLOYMENT OPPORTUNITYiCOMMISSION,
I
Plaintiff, I

and

DANIEL WOLA SKY,

Plaintiff/I~tervenor,

v.
I
UNITED HEALjHCARE OF FLORIDA, INC.,

Defendan .
----------~------------------~/

ORDER D~NYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT;

qENYING PLAINTIFF AND PLAINTIFF/INTERVENOR'S

.

MOTION FOR SUMMARY JUDGMENT

THIS CAUSE came before the Court upon Defendant's Motion for Summary Judgment
I i
(DE# 63) and Pldintiff and Plaintiff/Intervenor's Motion for Summary Judgment (DE# 73).
i
UPON c<J>NSIDERATION ofthe motions and being otherwise fully advised in the
premises, the Co$1 enters the following Order.

L

BackKro~nd

The Unite~ States Equal Employment Opportunity Commission (the "EEOC") filed this

complaint agains United Healthcare of Florida alleging "unlawful employment practices on the

basis of sex and r taliation" by the Defendant. Compl. at 1. Defendant is a Florida corporation.

Compl. at 2. The EEOC filed the Complaint as a result of a charge filed by Daniel Wolansky

Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 2 of 11

("Wolansky," an1 together with the EEOC, "Plaintiffs"), a former employee of the Defendant.
I
Compl. at 2-3.

Wolansky worked for Defendant as an account executive. Pl. Amended Statement of

Facts ("Pl. Facts" at 1. Wolansky is not a homosexual. Id. at 2. William Condon ("Condon")

was hired as Regibnal Vice President for the Defendant in February 2004. Pl. Mot. for Sum. J. at

4. Condon is an 'jopenly homosexual male." Pl. Facts at 2. According to the Plaintiffs, Condon
i
called Wolansky 'j'hot" and "cute," made unwelcome sexual advances toward Wolansky,
i
suggested Wolan~ky hug and kiss him, called male employees "sweetie" and "honey," attempted

to caress male employees, including Wolansky, and told stories about his sexual activities and

interests. Pl. Factfs at 2-3. Wolansky complained to several people about this behavior. Id. at 3-4.

Wolansky's comi'laints were never investigated. Id. at 3.

Plaintiffs laim that, as a result ofWolansky's complaints, Condon acted to deny

commi~sions Wolansky

and stock options, which Wolansky otherwise would have received. Pl.

I

I
Facts at 5-6. Con~on also "impaired Wolansky's ability to perform key job functions" by

isolating him fro~' key brokers and underwriters, closely monitoring and supervising him, taking
I I
other unwarrante4 disciplinary action, and ruining his reputation. Id. at 6-9. Plaintiffs claim

Wolansky was constructively discharged in January 2005. Id. at 10.

Defendant denies that there was either harassment or retaliation and asserts the after-

acquired evidence defense, among other arguments. Defendant claims that Wolansky used the

Defendant's comJ)uter to download and view a variety of extreme pornographic images and video,

and that "the undilsputed evidence in this case establishes that Wolansky's misuse of business
i
resources violate Company policy and that [Defendant] would have terminated [Wolansky's]

employment imm diately upon learning of such violations." Def. Resp. in Opp. to Pl. M. for

Sum. J. ( hereina er "Def. Resp.") at 1.

2

Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 3 of 11
Plaintiffs ~ove for summary judgment on Defendant's after-acquired evidence defense,
I
claiming that Defl ndant's computer use policy would not call for Wolansky to be fired for
receiving or forw ding the files by e-mail, or having the pornographic files on his office
cQmputer. Pl. M t. at 2. Defendant moves for summary judgment on the grounds that Condon's
alleged conduct as not directed at Wolansky because ofWolansky's sex, Wolansky could not
I
have subjectivelylbeen offended, Defendant took reasonable steps to prevent harassment and
f i
Wolansky failed take advantage of Defendant's policies, the alleged retaliatory acts were not
materially adversf actions, there was no causal link between Wolansky's protected actions and
those acts, and, fi~ally, that the disciplinary actions taken were for other reasons, which Plaintiffs
I
cannot show are Bretextual. Id. at 2.
I
II. Standard I of Review
The appliqable standard for reviewing a summary judgment motion is unambiguously
stated in Rule 56(p) of the Federal Rules of Civil Procedure:
i
Thie judgment sought shall be rendered forthwith if the pleadings, depositions, an$wers to interrogatories, and admissions on file, together with the affidavits, if anr, show that there is no genuine issue as to any material fact and that the moving PfY is entitled to judgment as a matter of law.
Summary rudgment may be entered only where there is no genuine issue of material fact.
Twiss v. Kury, 25 F.3d 1551, 1554 (11th Cir. 1994). The moving party has the burden of meeting
this exacting stantlard. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970). An issue of fact
is "material" if it rs a legal element of the claim under the applicable substantive law which might
affect the outcomf of the case. Allen v. Tyson Foods. Inc., 121 F.3d 642,646 (11th Cir. 1997). It
is "genuine" if th~ record taken as a whole could lead a rational trier of fact to find for the
I
nonmoving party Id. 3

Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 4 of 11

applyin~ In

this standard, the district court must view the evidence and all factual

inferences therefr min the light most favorable to the party opposing the motion. Id. However,

the nonmoving p

m y not rest upon the mere allegations or denials of the adverse party's pleading, bu the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.

Fed. R. Civ. P. 56(e). "The mere existence of a scintilla of evidence in support of the

po~tion [nonmovant's]

will be insufficient; there must be evidence on which the jury could

f~r reasonably find the [nonmovant]." Anderson v. Liberty Lobby. Inc., 477 U.S. 242, 252

(1986).

I

In other ords, the party opposing summary judgment "must do more than simply show

that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v.
i
Zenith Radio, 475 U.S. 574, 586 (1986). In determining whether this evidentiary threshold has

been met, the trial court "must view the evidence presented through the prism of the substantive

evidentiary burdep" applicable to the particular cause of action before it. Anderson, 477 U.S. at

254. Summary jltdgment may be granted if the nonmovant fails to adduce evidence which, when

viewed in a light tnost favorable to him, would support a jury finding in his favor. ld. at 254-55.
I
Additionally, the ~10nmoving party must "make a showing sufficient to establish the existence of
I
an element essen~ial to that party's case, and on which that party will bear the burden of proof at
!
trial." Celotex C . v. Catrett, 477 U.S. 317,322-23 (1986). The failure ofproofconceming an

essential element of the nonmoving party's case necessarily renders all other facts immaterial and

requires the cou to grant the motion for summary judgment. ld.

4

Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 5 of 11

III. Discussion

A) Whet~er the Conduct at Issue was Motivated by Wolansky's Sex is an Issue of Fact for t~e Jury
i
Defendan~' claims that Condon's behavior was not actionable because, for one, "Plaintiffs

!
have no evidence ~hat Condon treated men and women differently in the workplace." Def. Mem.

ofMo~. in Support

for Sum. J. (hereinafter "Def. Mem.) at 2. Plaintiffs bring evidence to show

i
that while Condo$ behaved poorly toward both men and women in the workplace, his behavior

i
with Wolansky h~d sexual overtones not present in his interactions with women, and that

comp~aints Wolansky's

about Condon were distinct from the complaints raised by women. Id. at

I

I
3. Accordingly, it is an issue of fact for the jury whether Condon's conduct was motivated by

i

Wolansky's genddr.
I
B) Wheth~r the Work Environment was Subjectively Hostile is an Issue of Fact

i
Defendan~ claims that because Wolansky received and sent the pornographic files viae-

mail, also called do-workers "honey" and "sweetie," and did not immediately complain about

Condon's conduc~, "no reasonably [sic] jury could believe that Wolansky was subjectively
I
offended by Conqon's alleged conduct." Def. Mem. at 7. Plaintiffs dispute that Wolansky ever
I i
viewed those pornographic images, and claim that Wolansky did make it clear to Defendant and

to Condon that Condon's conduct was unwelcome. Pl. Resp. at 6. As the parties dispute the facts,

summary judgmert is inappropriate.

I
C) Whetbler the Work Environment was Objectively Hostile is an Issue of Fact

i

i
Defendan~ claims that "the undisputed fact that the alleged harassment ... did not interfere

I

~bility with Wolansky's

to perform his job undermines any claim that the conduct was sufficiently

I

!

severe or pervasiie to alter the terms and conditions of his employment." Def. Mem. at 8.

5

I

Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 6 of 11

I
Plaintiffs state, hqwever, that "[a]s a result of Condon's actions Wolansky was unable to sleep,

concen~ate, unable to

and was subjected to stress that was not associated with simply worldng."

I
Pl. Resp. at 4. T~e touching, staring, sexual advances, and Condon's descriptions of sexual

encounters, whic are alleged by Plaintiffs to have occurred during a period of four months, could

be found to be ob ectively hostile. See Johnson v. Booker T. Washington Broadcasting Service.

Inc., 234 F.3d 50 , 509 (11th Cir. 2000).
D) Defen ant's Affirmative Defense that Wolansky Unreasonably Failed to Use Defenda 't's Established and Reasonable Harassment Policy is Available, but an Issue of act.
Defendan claims it is exempt from liability because it "has policies against harassment,

discrimination, ,d retaliation, with multiple avenues for employees to make complaints, and that

Wolansky was w~ll-aware of these policies and procedures." Def. Mem. at 10. When there has

"tangibl~ been no

employment action," a defendant may raise this affirmative defense by showing

!
(a) that th~ employer exercised reasonable care to prevent and correct promptly
any sexuaily harassing behavior, and (b) that the plaintiff employee unreasonably failed to tf,l(e advantage of any preventive or corrective opportunities provided by
the emplorer or to avoid harm otherwise"

!

I
Faragher v. BocaRaton, 524 U.S. 775, 807 (1998).

Here, Plaintiffs claim Condon initiated

I

tangible employ~'ent actions against Wolansky including the denial of commissions and

disciplinary acti+s. Pl. Resp. at 7. However, a case cited by Plaintiffs, Pennsylvania State Police
I
v. Suders, undercuts Plaintiffs' argument. Pl. Resp. at 7, citing 542 U.S. 129 (2004). In
I
Pennsylvania State Police, the Supreme Court held that the Ellerth!Faragher defense invoked by
I
the Defendant mty be available in a case where a plaintiff alleges hostile work environment and

constructive disc arge claims. See 542 U.S. at 152. Defendan claims Wolansky and another employee complained about Condon, and an

6

Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 7 of 11
investigation too~ place. Def. Mem. at 10. As a result of the investigation, Condon was
I
counseled and a4ed to retake the sexual harassment training. ld. at 10. Defendant claims that the harassment ended as a result of its actions. ld. Plaintiffs dispute that Wolansky's complaints, which were distinct from the complaints of other employees, were ever investigated. Pl. Resp. at 8. The nature an~ adequacy of the action taken by the Defendant in response to Wolansky's complaints is an issue of fact which prohibits granting summary judgment.
I
E) The !Vlerit of Plaintiffs' Retaliation Claims is a Question of Fact Defendant claims that Plaintiffs cannot establish a prima facie case of retaliation or that Defendant's reasons for making the challenged decisions are pretextual.
!)Plaintiffs' Prima Facie Case for Retaliation I !
Defendan~ does not dispute that Wolansky eventually complained about Condon's I I
behavior or that Sl1ch complaints were protected activity under the statute. Plaintiffs must also show Wolansky suffered employment actions which "would have been materially adverse to a reasonable employee" and which "could well dissuade a reasonable worker from making or supporting a charge of discrimination," and that there was a causal link between the protected activity and the employment action. See Burlington Northern and Santa Fe Ry. Co. v. White, 126 S. Ct. 2405, 2409 (2006); Morgan v. City of Jasper, 959 F.2d 1542, 1547 (11th Cir. 1992). Defendant claims that "Condon's August 24, 2004 e-mail to Kelly, the reassignment of brokers, the two warnings; in late 2004, the initial denial (but subsequent approval) ofWolansky's request for vacation, and asking Wolansky to come in the office earlier and more regularly [do not] rise to
1
I
the level ofmatetially adverse actions." Def. Mem. at 13. However, Plaintiffs' claims are based
!
on more than tho~e allegations. Pl. Resp. at 10. In addition to the conduct described by
7

Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 8 of 11
Defendant, Plainttffs allege Wolansky was denied commissions, forced to report directly to his
harasser, and con1tructively discharged. !d.
I
Defendan also claims that Plaintiffs cannot show the required causal link between the
that Wolansky ha made sexual harassment complaints about him until the lawsuit was filed."
I I
Def. Mem. at 13.1 Plaintiffs reference deposition testimony from several witnesses who worked
I I
with Condon andiWolansky which support Plaintiffs' contention that Wolansky's complaints were
I i
general knowled~e, Condon may have been told directly that Wolansky had complained, and that
it would have beeb easy for Condon to either discover or deduce that Wolansky had made formal I
complaints. Pl. F~cts at 9. Plaintiffs also point to the temporal proximity between the complaints
I
and the employm~nt actions. Pl. Resp. at 16. Based on this evidence, a reasonable jury could find
I
that Condon kne'f about Wolansky's complaints. Accordingly, summary judgment cannot be
I I
granted on this is~ue.
2) ,Pretext issue
I
Defendani claims the negative employment actions alleged by Plaintiffs were taken for
!
legitimate, nondiJcriminatory reasons. Plaintiffs counter with evidence that the reasons were
pretextual. Pl. R~sp. at 17. Plaintiffs point to internal guidelines on commissions, and argue that
under Defendant'$ policy, Wolansky should have received commissions, and yet he was unfairly
I
denied them. ld.IAs to Wolansky's disciplinary reports, Plaintiffs provides facts going to show
i
that Wolansky ha~ received positive reports and feedback until he complained about Condon and
I
that Condon begaln a campaign to "dig up anything on Wolansky that could be used to discipline
I
8

Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 9 of 11
I
him." Pl. Resp. at 18-19. Plaintiffs also assert facts supporting their argument that Wolansky was
not disciplined acI~ording to Defendant's policies, and that the policies, including Defendant's
stock option polir, were not uniformly followed. Id. Plaintiffs' claims raise issues of material
fact as to whethe~ Defendant's reasons for taking disciplinary actions were pretextual, and
I
summary judgmeht will not be granted on this issue.
i
F) Plaintirfs' Constructive Discharge Claim
!
As this C1urt has denied summary judgment on Plaintiffs' other claims for the reasons
I I
discussed above, pefendant's argument that summary judgment on Plaintiffs' "hostile worn [sic]
I
environment and retaliation claims" necessitates summary judgment on Plaintiffs' constructive
discharge claim i$ moot. Def. Mem. at 17. Defendant also misstates the law on the requirements
i
for proving constfuctive discharge. ld. The proper standard requires Plaintiffs to "demonstrate
!
that [Wolansky's], working conditions were so intolerable that a reasonable person in their position
would be compelled to resign." Steele v. Offshore Shipbuilding. Inc., 867 F.2d 1311, 1317 (11th
Cir. 1989). To sdrvive this motion for summary judgment, Plaintiffs must "produce substantial
I
evidence that con~itions were intolerable." Atkins v. Fulton County, 420 F.3d 1293, 1302 (11th I
Cir. 2005).
I '
Defendant cites a variety of cases in support of its position that Plaintiffs' allegations do
!
not rise to the lev~i l of constructive discharge. Def. Mem. at 19-20. The only binding precedent
!
cited by Defend4t is Fitz v. Pugmire Lincoln-Mercuxy, in which Fitz claimed constructive
discharge based ~n "a withdrawn reprimand; statements of supervisors that Fitz concedes were not
supposed to be relealed to him; cartoons that were admittedly not condoned by Pugmire; a job
9

Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 10 of 11

!

I

basel~ss offer; and a

claim of unequal pay" 348 F.3d 974, 978 (11th Cir. 2003). Plaintiffs'

I
allegations are cl ser to the allegations in a case described in Fitz, Morgan v. Ford. See Fitz, 348

immediate supe isor. [Morgan] went higher up the ladder and reported the comments to the

administra~ors, prison

but no corrective measures were taken. Indeed, the prison administrators

looked the other tay when the supervisor took retaliatory action." Fitz, 348 F.3d at 979, citing
I
Morgan, 6 F.3d 7~0 at 753 (11th Cir. 1993). Viewing the facts in the light most favorable to the
I
non-moving Plai1tiffs, this Court, like the Morgan court, holds a material issue of fact remains to

be determined byI the jury as to Plaintiffs claim for constructive discharge.
G) The ~ter-Acquired Evidence Defense
I
Defendan} claims that after Wolansky's departure, Defendant discovered a variety of
pornographic stil~ image and video files on the computer used by Wolansky and evidence that
I
Wolansky receiv'd those files on his company e-mail account and used that account to forward

the files to others~ as well as to his personal account. Def. Statement of Material Facts at 3-9.

Defendant furthet asserts that "the extremely offensive nature of the materials Wolansky received

i

and

sent

to

'
others

...

,

the

sheer

quantity

of pornography,

and

the

fact

that

Wolansky

did

not

take

I

i
any steps from difcouraging his friends from sending him extremely offensive pornographic

materials to his iork e-mail account, would have warranted the immediate termination of
Wolansky's empl~yment." ld. at 9. Plaintiffs dispute this assertion, claiming that according to
Defendant's hu~ resource director, Harriet McCrickert, Defendant has no penalty for receiving
I
e-mails with pon}ographic contents. Pl. Mot. at 2. Plaintiffs further contend that an employee
I
with pornography on his computer would first be "verbally counseled" and later "written up," if

10

Case 0:06-cv-61483-KMM Document 128 Entered on FLSD Docket 08/31/2007 Page 11 of 11

I
there were multip~e subsequent violations, and that the former regional CEO had no recollection
I
of anyone being ~red for a similar offense. Id. at 2-3. The parties also dispute whether Wolansky
I
actually viewed the images and videos from the office. Pl. Reply at 1. These are issues of
I
material fact for tte jury.

I I
IV. Conclusi~n

I
Based on the foregoing, it is
I
ORDEREb AND ADJUDGED that Defendant's Motion for Summary Judgment (DE#
I
63) and Plaintiffckd Plaintiff/Intervenor's Motion for Summary Judgment (DE# 73) are both
I

DENIED.

I

DONE A*D ORDERED in Chambers at Miami, Florida, thisY,/day of August, 2007.

cc: All Coun~l of Record

11

 
 Case 0:06-cv-61483-KMM Document 140 Entered on FLSD Docket 10/05/2007 Page 1 of 14
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 06-61483-CIV-MOORE/GARBER
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and DANIEL WOLANSKY,
Plaintiff-Intervenor,
v.
UNITED HEALTHCARE OF FLORIDA, INC, Defendant.
_________________________________!
CONSENT DECREE 1. This Consent Decree ("Decree") is made and entered into by and between Plaintiff, the United States Equal Employment Opportunity Commission (the "Commission" or "EEOC"), Daniel Wolansky ("Wolansky"), and Defendant, United HealthCare ofFlorida, Inc. ("Defendant" or "United HealthCare"). The Commission, Wolansky and Defendant are collectively referred to as the "Parties" throughout this Decree. 2. The Commission filed this action on September 28, 2006 under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e et seq. ("Title VII") and Title I of the Civil Rights Act of 1991, alleging unlawful employment practices on the basis of sex (male) and retaliation, and to provide appropriate relief to Wolansky, whom it alleged was adversely affected by such practices.

Case 0:06-cv-61483-KMM Document 140 Entered on FLSD Docket 10/05/2007 Page 2 of 14
3. The Court granted Wolansky's Motion to Intervene in this action. Like the EEOC, Wolansky alleged that Defendant violated Title VII. Wolansky's Complaint also alleged that Defendant violated the Florida Civil Rights Act of 1992, Fla. Stat. § 760 et ~·
4. Nothing contained in this Decree shall be deemed by any Party to be an admission of liability on the part of Defendant. Nor does the settlement of this matter constitute an admission by EEOC or Wolansky as to any claims made by Defendant in its Answers and Affirmative Defenses.
5. In the interest of resolving this matter, to avoid the cost of litigation, and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. This Decree is final and binding on the Parties, their successors and assigns.
6. The Parties agree that this Decree resolves all claims against Defendant alleged in EEOC Charge Number 150-2005-01956 and the Complaint filed in this action. The Parties further agree that this Decree does not resolve any future or pending EEOC Charges of Discrimination other than the Charge referred to in this Paragraph.
I. FINDINGS 7. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the Parties, the Court finds the following:
a. This Court has jurisdiction over the subject matter of this action and of the Parties.
b. No Party shall contest the jurisdiction of this federal court to enforce this Decree and its terms or the right of EEOC to bring an enforcement suit upon alleged breach of any term(s) of this Decree.
2

C...•a.._ se 0:06-cv-61483-KMM Document 140 Entered on FLSD Docket 10/05/2007 Page 3 of 14
c. The terms ofthis Decree are adequate, fair, reasonable, equitable, and just. The rights ofWolansky and the public interest are adequately protected by this Decree.
d. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of Wolansky, United HealthCare, EEOC and the public.
e. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, and officers, successor and assigns of United Health Care.
NOW, THEREFORE, IT IS ORDERED, ADWDGED AND DECREED THAT: II. GENERAL INJUNCTIVE PROVISIONS
8. Defendant, its officers, managers, employees, agents and partners, successors and assigns, are enjoined from engaging in conduct that discriminates on the basis of sex in violation ofTitle VII.
9. Defendant, its officers, managers, agents and partners, successors and assigns, and all persons acting in concert with it are enjoined from discriminating or retaliating against any employee because he or she has opposed any ofDefendant's practices which the employee believed to be a violation of Title VII, filed a charge of discrimination with the EEOC alleging violation(s) of such statute, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree.
III. ADOPTION AND DISTRIBUTION OF ANTI-HARASSMENT POLICY
10. Defendant has maintained an anti-harassment policy ("Policy"), which will be revised pursuant to this Paragraph 10. This Policy prohibits sexual harassment at work, and
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urges employees to speak freely about sexual harassment without any fear of retaliation. The Policy must clearly define prohibited conduct and specifically prohibit harassing employees based on their sex regardless of their gender. The Policy also must specify that prohibited behavior will not be tolerated from employees, customers, clients and any other persons present at any of Defendant's facilities. The Policy shall provide that complaints of sexual harassment, regardless of gender, and/or retaliation may be made to any person in the chain of command above an employee or directly to Human Capital or HRdirect personnel; employees will not be required to complain of sexual harassment and/or retaliation to a person against whom they allege harassment and/or retaliation has occurred; employees who make good faith complaints of harassment or provide information related to such complaints will be protected against retaliation; Defendant will take immediate and appropriate corrective action if and when it determines that harassment and/or retaliation has taken place; employees who violate the Policy are subject to discipline up to and including termination. Defendant agrees to add a section to its anti-harassment policy that investigations of complaints of harassment and retaliation made to a manager, Human Capital, or HRdirect shall be initiated within five (5) business days.
11. A copy of the Policy, with the new section on the timing of investigations, shall be forwarded to EEOC within thirty (30) calendar days of entry of this Decree. This and any other submissions, reports, certifications, notices, or other materials that are required to be submitted to EEOC shall be mailed to: United HealthCare Settlement, c/o Senior Trial Attorney Cheryl Cooper, United States Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
12. The Policy shall be distributed electronically within sixty (60) calendar days to all of Defendant's employees (including managers) at its Florida facilities, with notice that
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Defendant has revised the Policy and that all employees (including managers) must read it. The Policy shall be included in any relevant policy or employee manuals used by Defendant's businesses, and shall also be kept and maintained in a conspicuous and accessible place for all employees and printed in a font that is easily legible (at least 12 point font). Defendant will make Human Capital or HRdirect personnel available to discuss the Policy if any employee (including a manager) does not understand the Policy.
13. A copy of the Policy shall be distributed to each new regular full-time, part-time or temporary employee (including managers) at Defendant's Florida facilities on or about the day the employee is hired. Distribution may be accomplished through Defendant's New Employee Orientation process. United HealthCare shall maintain records demonstrating that each new employee received the Policy. Defendant will make Human Capital or HRdirect personnel available to discuss the Policy if any employee (including a manager) does not understand the Policy.
IV. TRAINING 14. During each ofthe three (3) years covered by this Decree, Defendant shall provide training to all United HealthCare employees at its Sunrise, Florida location, including all of its managers and supervisory personnel, on equal employment opportunity laws (including sexual harassment and retaliation) and the Policy. The training shall be conducted by an organization mutually agreed upon with the EEOC. Additionally, Defendant agrees that the EEOC shall, at the EEOC's discretion, be in attendance at each training session. The first training shall take place within sixty (60) calendar days of entry of this Decree. The remainder of the training sessions shall take place annually and no later than September 30th of each year throughout the duration of the Decree.
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15. Within ten (1 0) days of completion of the training, Defendant shall notify EEOC ofthe dates the training was conducted, the name and job title of the person(s) who conducted the training, and the name and job title of each person who received the training.
16. Defendant agrees to provide EEOC, upon request, with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants during the training sessions.
V. POSTING 17. Within five (5) business days after entry of this Decree, United HealthCare shall post an eleven (11) inches by fourteen (14) inches laminated copy of the Notice attached as Exhibit A to this Decree. The Notice shall be posted at Defendant's Sunrise, Florida facility for the duration of this Decree in a conspicuous location accessible to all employees (i.e. employee bulletin board or lunch room). The Notice shall remain posted for three (3) years from the date of entry of this Decree. Defendant shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Defendant shall certify to EEOC in writing within ten (10) business days after entry ofthe Decree that the Notice has been properly posted.
VI. RECORD KEEPING 18. For a period ofthree (3) years following entry ofthis Decree, United HealthCare shall maintain and make available for inspection and copying by EEOC, records (including name, address, home telephone number, mobile number, complaint and resolution of the complaint) of each person complaining about sexual harassment or retaliation for complaining about sexual harassment at Defendant's Sunrise, Florida facility. 19. United HealthCare shall make all documents or records referred to in Paragraphs 12, 13, 16, and 17, available for inspection and copying within ten (10) business days after
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EEOC so requests. In addition, Defendant shall provide the last known home address and home telephone number for all persons within its employ during the term of the Decree whom EEOC requests and identifies for purposes of verifying compliance with this Decree within ten (10) business days of EEOC's request. Moreover, United HealthCare shall permit employees whom EEOC requests to interview for the purposes of verifying compliance with this Decree to speak confidentially with EEOC. In the event that EEOC is unable to contact an employee for purposes of verifying compliance with this Decree, it shall notify United HealthCare and United HealthCare shall, within ten (1 0) business days, provide EEOC with the employee's scheduled hours of work over the next fourteen (14) day period so that EEOC can conduct the interview at the employee's breaks, at the end of the day, or at some other time convenient to the employee and EEOC. Defendant agrees that it will not discourage employees from participating in these interviews.
20. Nothing contained in this Decree shall be construed to limit any obligation United HealthCare may otherwise have to maintain records under Title VII or any other law or regulation.
VII. REPORTING 21. United HealthCare shall furnish to EEOC the following written reports twice annually for a period of three (3) years following entry of this Decree. The first report shall be due no later than January 1, 2008 and thereafter by July 1st, and January 1st annually. Each such report shall contain:
a. A description of each complaint of sexual harassment or retaliation for complaining about sexual harassment at Defendant's Sunrise, Florida facility, including the names, home address and home and mobile phone number of the complaining parties and
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witnesses and the resolution of such complaint, occurring within the six (6) month period preceding the report.
b. A certification by United HealthCare that the Notice required to be posted in Paragraph 17, above, remained posted during the entire six (6) month period preceding the report.
VIII. EXPUNGEMENT OF PERSONNEL FILES 22. United HealthCare agrees to remove from Wolansky's personnel files any documents regarding termination, warnings, reports, corrective action, performance improvement, or disciplinary memorandum within ten (10) business days of the entry of this Decree. Defendant further agrees to give Wolansky a letter of verification of employment, attached as Exhibit B, within ten (10) business days ofthe entry ofthis Decree. Defendant agrees to verify Wolansky's employment attached as Exhibit B if asked to do so by a prospective employer performing a reference check. In addition, consistent with Exhibit B, Defendant will limit its disclosure of information regarding Wolansky's personnel files solely to the information contained in Exhibit B. Moreover, if a third party requests a copy ofWolansky's personnel files, Defendant will notify Wolansky directly by mail as follows: 13015 Keystone Terrace, North Miami, Florida 33181.
IX. MONETARY RELIEF 23. Defendant shall pay an aggregate of One Million Eight Hundred Thousand Dollars and No Cents ($1,800,000.00) to resolve this litigation as described in attached Exhibit C. All payments shall issue within fifteen (15) calendar days from the later of either the Court's execution of this Decree or provision to Defendant of executed IRS W-9 Forms by Wolansky and Rothstein Rosenfeldt Adler P.A., by overnight delivery, to Wolansky, c/o Shawn L. Birken,
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Esq., Rothstein Rosenfeldt Adler P.A., Las Olas City Centre, Suite 1650,401 East Las Olas Boulevard, Fort Lauderdale, FL 33301. Copies of the payments and the IRS Form W-2 and Form 1099s shall be forwarded to the attention of Cheryl A. Cooper, Senior Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
24. If Defendant fails to tender the payment described in Paragraph 23 above, and Exhibit C in violation of this Decree, 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 or Wolansky, including attorneys' fees, caused by the non-compliance or delay ofthe Defendant.
X. APPOINTMENT 25. Defendant agrees to consider in good faith Wolansky's application for appointment to sell UnitedHealthcare products, including Neighborhood Health Plan products, in accordance with its standards and policies for appointment and applicable state and federal laws regarding agent licensure and appointment, and without regard to the circumstances underlying and giving rise to this action, Wolansky's participation in this action, or any other protected activity engaged in by Wolansky under Title VII. IfWolansky is appointed to sell UnitedHealthcare products, Defendant agrees to allow Wolansky the same access to UnitedHealthcare employees as it affords to other persons who are authorized to sell UnitedHealthcare products for the purpose of selling such products. In addition, United HealthCare's CEO will inform United HealthCare's employees who are involved in supporting the sale ofUnitedHealthcare products that Wolansky has been appointed to sell UnitedHealthcare products, that they may interact with Wolansky for the purpose of supporting
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such sales, and that there will not be any repercussions to any United HealthCare employees for interacting with Wolansky in the normal course of business.
XI. DISPUTE RESOLUTION 26. In the event that EEOC believes that Defendant has failed to comply with any provision(s) of the Decree, EEOC shall have the right to seek Court intervention. Additionally, no Party shall contest the Court's jurisdiction to hear a dispute arising from the Decree nor challenge EEOC's ability to bring an action to enforce the terms of the Decree in ttis Court.
XII. COSTS 27. Each Party shall bear its own costs associated with this litigation.
XIII. DURATION OF CONSENT DECREE 28. All provisions ofthis Decree shall be in effect for a period ofthree (3) years immediately following entry of the Decree. In the event Wolansky revokes the General Release and Settlement Agreement between Defendant and Wolansky (pursuant to the seven (7) day revocation period in Paragraph 6 of the agreement), this Decree will be void and unenforceable, and Defendant's obligations under the Decree shall be nullified.
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SO ORDERED, ADJUDGED AND DECREED, this~day of October, 2007.
~·~

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

by: Is/Nora E. Curtin Nora E. Curtin Regional Attorney U.S. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131

Date:._ _ _~10~1~31~07.!..___ _

AGREED TO: FOR THE PLAINTIFF-INTERVENOR DANIEL WOLANSKY
by: lsiShawn L. Birken Shawn L. Birken Rothstein Rosenfeldt Adler P.A. Las Olas City Centre, Suite 1650 401 East Las Olas Boulevard Fort Lauderdale, FL 33301

Date: _ ____.!1.::!.!.01~31~0:..!...7_ _

AGREED TO: FOR THE DEFENDANT UNITED HEALTHCARE OF FLORIDA, INC.
by: Is/Frederick T. Smith Frederick T. Smith Seyfarth Shaw LLP 1545 Peachtree Street N.E., Suite 700 One Peachtree Pointe Atlanta, GA 30309-2401

Date: _ _____.,!1~01:..:::3:....::.10~7_ _

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EXHIBIT A
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AND UNITED HEALTHCARE OF FLORIDA, INC.
This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC vs. United HealthCare ofFlorida, Inc., Civil Action No. 06-61483-CIV-MOORE/GARBER. EEOC alleged that Daniel Wolansky, a former Senior Account Executive in United HealthCare ofFlorida, Inc.'s Key Accounts line ofbusiness, was subjected to sexual harassment, retaliated against for complaining about such harassment, and constructively discharged. The parties settled the lawsuit without any admission of liability by United HealthCare ofFlorida, Inc.
United HealthCare of Florida, Inc. maintains a policy that prohibits discrimination against employees based on sex in violation ofTitle VII ofthe Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, or sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. United HealthCare of Florida, Inc. will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, sexual harassment and retaliation.
United HealthCare ofFlorida, Inc. assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC. Appropriate corrective action, up to and including termination, based upon the circumstances involved, shall be taken against any employee (including management personnel) found to have violated United HealthCare of Florida, Inc.'s policy prohibiting discrimination.
This notice shall remain posted for three (3) years from the date the Decree is entered. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may contact United HealthCare ofFlorida, Inc.'s Human Capital representatives, telephone HRdirect at (800) 561-0861, or telephone the Miami District Office of the Equal Employment Opportunity Commission at (800) 669-4000.
Signed this __ day of _ _ _ _ _ _, 2007.

DAN ROSENTHAL, CEO, UNITED HEALTHCARE OF FLORIDA, INC.

DO NOT REMOVE BEFORE

, 2010.

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EXHIBITB
United HealthCare of Florida, Inc. Letterhead [DATE] To Whom It May Concern: This letter will confirm that Daniel Wolansky was employed with United HealthCare of Florida, Inc. ("United"), from April 1, 1996 through January 11, 2005. Mr. Wolansky was hired as a full-time Account Executive. He was then promoted to Senior Account Executive and remained in that position in the Key Accounts line ofbusiness at United's Sunrise, Florida location (13621 NW 12th Street, Sunrise, FL 33323) until his separation on January 11, 2005. Mr. Wolansky's compensation consisted of salary earnings plus commissions. Mr. Wolansky's base salary at the time of separation was $60,060, and his last full year commission earnings totaled $254,683.29 plus approximately another $30,000 in other compensation. Sincerely,
Dan Rosenthal Chief Executive Officer United HealthCare ofFlorida, Inc.

Case 0:06-cv-61483-KMM Document 140 Entered on FLSD Docket 10/05/2007 Page 14 of 14
EXHIBITC
ALLOCATION OF MONETARY RELIEF United HealthCare of Florida, Inc. agrees to pay a total gross amount of One Million Eight Hundred Thousand Dollars and No Cents ($1,800,000.00) to resolve this litigation, which will be payable as follows: 1. A check made payable to Daniel Wolansky in the amount of Six Hundred Sixty Thousand Dollars and No Cents ($660,000.00), less all applicable payroll and other taxes, withholdings or other deductions required by law, in settlement of claims for alleged lost wages. United HealthCare of Florida, Inc. shall issue Mr. Wolansky a Form W-2 for this amount; 2. A check made payable to Daniel Wolansky in the amount of Five Hundred Thousand Dollars and No Cents ($500,000.00), with no deductions or withholdings, in settlement of claims for alleged damages that are not wages. United HealthCare of Florida, Inc. shall issue Mr. Wolansky a Form 1099 for this amount; and 3. A check made payable to Rothstein, Rosenfeldt, Adler, P.A. (Tax ID # 010587961), Mr. Wolansky's private counsel, in the amount of Six Hundred Forty Thousand Dollars and No Cents ($640,000.00), representing Mr. Wolansky's attorneys' fees and costs. United HealthCare ofFlorida, Inc. shall issue Rothstein, Rosenfeldt & Adler a Form 1099 for this amount.
AT! 32430005.2

 
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CLOSED, REF_DISCOV
U.S. District Court Southern District of Florida (Ft. Lauderdale) CIVIL DOCKET FOR CASE #: 0:06-cv-61483-KMM

U.S. - EEOC v. United Healthcare Assigned to: Judge K. Michael Moore Referred to: Magistrate Judge Barry L. Garber Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
United States Equal Employment Opportunity Commission

Date Filed: 09/28/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Cheryl A. Cooper Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1786 Fax: 808-1835 Email: Cheryl.cooper@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maria Kate Boehringer Boehringer Law Office PA 1515 N Federal Highway Suite 300 Boca Raton, FL 33432 561-392-2120 Fax: 392-2250 Email: maria.boehringer@eeoc.gov ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Daniel Wolansky

represented by Matthew Scott Sackel Suite 500 One Clearlake Centre 250 S Australian Avenue West Palm Beach, FL 33401-5018 561-650-8545 Fax: 822-5503 Email: msackel@shutts.com

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V. Defendant United Healthcare of Florida, Inc.
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shawn Logan Birken Rothstein Rosenfeldt Adler 401 E Las Olas Boulevard Las Olas City Centre Suite 1650 Fort Lauderdale, FL 33301 954-522-3456 Fax: 527-8663 Email: sbirken@rra-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stuart A. Rosenfeldt Rothstein Rosenfeldt Adler 401 E Las Olas Boulevard Las Olas City Centre Suite 1650 Fort Lauderdale, FL 33301 954-522-3456 Fax: 527-8863 Email: srosenfeldt@rra-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barbara A. Stern Bohdan Neswiacheny 540 NE 4th Street Fort Lauderdale, FL 33301 954-522-5400 Fax: 765-1274 Email: bstern@bnlaw.com TERMINATED: 05/15/2007 ATTORNEY TO BE NOTICED
represented by Timothy O. Schranck Damian & Valori LLP 1000 Brickell Avenue Suite 1020 Miami, FL 33131-3302 305-371-3960 Fax: 305-371-3965 Email: tschranck@dvllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Date Filed

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Alex S. Drummond Seyfarth Shaw Fairweather & Geraldson 1545 Peachtree Street NE Suite 700 One Peachtree Pointe Atlanta, GA 30309-2401 404-885-1500 ATTORNEY TO BE NOTICED
Bradley Louis Mirkin Fowler White Burnett 1395 Brickell Avenue 14th Floor Miami, FL 33131-3302 305-789-9200 Fax: 789-9201 Email: bmirkin@siponline.com TERMINATED: 06/12/2007
Erika Ann Young Seyfarth Shaw Fairweather & Geraldson 1545 Peachtree Street NE Suite 700 One Peachtree Pointe Atlanta, GA 30309-2401 404-885-1500 Fax: 892-7056 Email: eyoung@seyfarth.com ATTORNEY TO BE NOTICED
Frederick T. Smith Seyfarth Shaw Fairweather & Geraldson 1545 Peachtree Street NE Suite 700 One Peachtree Pointe Atlanta, GA 30309-2401 404-892-6412 Fax: 892-7056 ATTORNEY TO BE NOTICED
Joseph S. Turner Seyfarth Shaw LLP 131 S Dearborn Street Suite 2400 Chicago, IL 60603 312-346-8000 ATTORNEY TO BE NOTICED
Docket Text
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09/28/2006 09/28/2006 10/02/2006 10/24/2006 11/07/2006 11/15/2006 12/06/2006 12/08/2006 12/08/2006
12/08/2006 12/14/2006
12/18/2006 01/09/2007 01/17/2007 01/19/2007 01/24/2007

1 COMPLAINT filed; Magistrate Judge Garber (dg, Deputy Clerk) (Entered: 09/29/2006)
2 SUMMONS(ES) issued for United Healthcare (dg, Deputy Clerk) (Entered: 09/29/2006)
3 PRETRIAL ORDER filed: ( Signed by Judge K. M. Moore on 10/02/06) [EOD Date: 10/3/06] (bb, Deputy Clerk) (Entered: 10/03/2006)
4 SUMMONS Returned Executed by United States Equal Employment Opportunity Commission. United Healthcare of Florida, Inc. served on 10/18/2006, answer due 11/7/2006. (tb) (Entered: 10/26/2006)
5 MOTION to Intervene by Daniel Wolansky. (Attachments: # 1 Exhibit A)(Sackel, Matthew) (Entered: 11/07/2006)
6 ANSWER to Complaint by United Healthcare of Florida, Inc..(Mirkin, Bradley) (Entered: 11/15/2006)
7 REPORT REGARDING Case Scheduling Conference by United States Equal Employment Opportunity Commission, United Healthcare of Florida, Inc.. (Cooper, Cheryl) (Entered: 12/06/2006)
8 ORDER REFERRING CASE to Magistrate Judge Barry L. Garber for all Pretrial Discovery. Signed by Judge K. Michael Moore on 12/7/06. (rg1) (Entered: 12/08/2006)
9 SCHEDULING ORDER: Pretrial Conference set for 9/4/2007 09:00 AM in Miami Division before Judge K. Michael Moore. Jury Trial set for 9/17/2007 09:00 AM in Miami Division before Judge K. Michael Moore. Calendar Call set for 9/13/2007 02:00 PM in Miami Division before Judge K. Michael Moore.. Signed by Judge K. Michael Moore on 12/7/06. (rg1) (Entered: 12/08/2006)
10 ORDER REFERRING CASE to Mediation. 15 days to appoint mediator. Signed by Judge K. Michael Moore on 12/7/06. (rg1) (Entered: 12/08/2006)
11 NOTICE of Compliance by United States Equal Employment Opportunity Commission re 10 Order Referring Case to Mediation, Case Referred to Mediation (Attachments: # 1 Exhibit A (Proposed Order Scheduling Mediation))(Cooper, Cheryl) (Entered: 12/14/2006)
12 ORDER granting 5 Motion to Intervene . Signed by Judge K. Michael Moore on 12/14/06. (rg1) (Entered: 12/18/2006)
13 NOTICE by Daniel Wolansky of Filing Intervenor's Complaint and Demand for Jury Trial (Attachments: # 1 Exhibit A)(Sackel, Matthew) (Entered: 01/09/2007)
14 NOTICE of Attorney Appearance by Erika Ann Young on behalf of United Healthcare of Florida, Inc. (Young, Erika) (Entered: 01/17/2007)
15 Defendants' Agreed Motion to Admit Pro Hac Vice Joseph S. Turner, Esq., Frederick T. Smith, Esq., and Alex S. Drummond, Esq., Filing Fee $225, Receipt #953447. (cw) (Entered: 01/22/2007)
16 ORDER granting 15 Motion to Appear Pro Hac Vice Name of Attorney Joseph S. Turner for United Healthcare of Florida, Inc., Alex S. Drummond for United

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01/25/2007 01/30/2007 04/23/2007 05/03/2007 05/14/2007
05/15/2007 05/31/2007
05/31/2007 05/31/2007
06/01/2007 06/01/2007 06/01/2007 06/01/2007

Healthcare of Florida, Inc. Signed by Judge K. Michael Moore on 1/23/07 (rg1) (Entered: 01/24/2007)
17 NOTICE OF UNAVAILABILITY by United States Equal Employment Opportunity Commission for dates of February 13, 2007 - February 26, 2007 (Cooper, Cheryl) (Entered: 01/25/2007)
18 Defendant's ANSWER to Complaint and Affirmative Defenses to Daniel Wolansky's Complaint-In-Intervention by United Healthcare of Florida, Inc..(Young, Erika) (Entered: 01/30/2007)
19 NOTICE of Attorney Appearance by Barbara A. Stern on behalf of Daniel Wolansky (Stern, Barbara) (Entered: 04/23/2007)
20 MOTION to Withdraw as Attorney by Daniel Wolansky. Responses due by 5/17/2007 (Attachments: # 1 Text of Proposed Order order on motion to withdraw)(Stern, Barbara) (Entered: 05/03/2007)
21 Notice of Mediation Hearing before Mediator, The Honorable Gerald T. Wetheringtonfiled by United States Equal Employment Opportunity Commission. Mediation Hearing set for 7/13/2007 10:00 AM. (Attachments: # 1 Exhibit A)(Cooper, Cheryl) (Entered: 05/14/2007)
22 ORDER granting 20 Motion to Withdraw as Attorney. Attorney Stuart A. Rosenfeldt and Barbara A. Stern terminated Signed by Judge K. Michael Moore on 5/15/07. (rg1) (Entered: 05/15/2007)
23 Defendant's MOTION to Amend/Correct its Answers & Affirmative Defenses and Memorandum of Law in Support Thereof by United Healthcare of Florida, Inc.. Responses due by 6/14/2007 (Attachments: # 1 Exhibit A - Information Security Policy Overview# 2 Exhibit B - Defendant's Amended Answer & Affirmative Defenses to Plaintiff's Complaint# 3 Exhibit C - Defendant's Amended Answer & Affirmative Defenses to Wolansky's Complaint & Demand for Jury Trial)(Young, Erika) (Entered: 05/31/2007)
24 Defendant's MOTION for Protective Order by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit A - Protective Order)(Young, Erika) (Entered: 05/31/2007)
25 NOTICE by United States Equal Employment Opportunity Commission, Daniel Wolansky re 24 Defendant's MOTION for Protective Order Plaintiffs' Notice of Filing Objections and Responses to Defendant's Motion for Entry of a Protective Order (Cooper, Cheryl) (Entered: 05/31/2007)
26 ORDER granting 23 Motion to Amend Answers and Affirmative Defenses.Signed by Judge K. Michael Moore on 6/1/07. (rg1) (Entered: 06/01/2007)
27 Defendant's Amended ANSWER to Complaint (EEOC) by United Healthcare of Florida, Inc..(Young, Erika) (Entered: 06/01/2007)
28 Defendant's Amended ANSWER to Complaint (Wolansky) by United Healthcare of Florida, Inc..(Young, Erika) (Entered: 06/01/2007)
29 Joint MOTION for Extension of Time to Complete Discovery and Other Deadlines by United States Equal Employment Opportunity Commission, United

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06/06/2007 06/06/2007 06/06/2007 06/06/2007 06/06/2007 06/06/2007 06/07/2007 06/07/2007 06/07/2007

Healthcare of Florida, Inc., Daniel Wolansky. (Cooper, Cheryl) (Entered: 06/01/2007)
30 AMENDED ANSWER to 1 Complaint by United Healthcare of Florida, Inc.. [See Image at DE #27] (ls) (Entered: 06/04/2007)
32 AMENDED ANSWER to Intervenor Complaint by United Healthcare of Florida, Inc.. [See Image at DE #28] (ls) (Entered: 06/04/2007)
31 Notice of Docket Correction: re 27 Answer to Complaint filed by United Healthcare of Florida, Inc., Error: Wrong Event Selected; Correction: Re-docketed by the Court. (ls) (Entered: 06/04/2007)
33 Notice of Docket Correction: re 28 Answer to Complaint filed by United Healthcare of Florida, Inc., Error: Wrong Event Selected; Correction: Re-docketed by the Court. (ls) (Entered: 06/04/2007)
34 ORDER denying 29 Motion for Extension of Time to Complete Discovery Signed by Judge K. Michael Moore on 6/4/07. (rg1) (Entered: 06/04/2007)
35 RENEWED MOTION for a Smaller Extension of the Discovery Period and Dispositive Motion Deadlines by United Healthcare of Florida, Inc.. (Young, Erika) Modified on 6/7/2007 (ls). [Modified to read as above by Court] (Entered: 06/06/2007)
36 NOTICE by United Healthcare of Florida, Inc. Notice to Take Videotaped Deposition of Daniel Wolansky (Young, Erika) (Entered: 06/06/2007)
37 NOTICE by United Healthcare of Florida, Inc. Defendant's Notice to Take Rule 30(b)(6) Depositions (Young, Erika) (Entered: 06/06/2007)
38 NOTICE by United Healthcare of Florida, Inc. Defendant's Notice to Take Videotaped Deposition of Daniel Wolansky (Young, Erika) (Entered: 06/06/2007)
39 NOTICE by United Healthcare of Florida, Inc. Defendant's Notice to Take Rule 30(b)(6) Depositions (Young, Erika) (Entered: 06/06/2007)
40 NOTICE to Take Videotaped Deposition of Daniel Wolansky by United Healthcare of Florida, Inc.. [See Image at DE #36](ls) (Entered: 06/07/2007)
43 NOTICE to Take Videotaped Deposition of Daniel Wolansky by United Healthcare of Florida, Inc.. [See Image at DE #38](ls) (Entered: 06/07/2007)
41 Notice of Docket Correction: re 36 Notice (Other) filed by United Healthcare of Florida, Inc., Error: Wrong Event Selected; Correction: Re-docketed by the Court. (ls) (Entered: 06/07/2007)
42 Notice of Instruction to Filer; Error: Signature (s/) missing; re 36 Notice (Other) filed by United Healthcare of Florida, Inc.,, 37 Notice (Other) filed by United Healthcare of Florida, Inc. (ls) (Entered: 06/07/2007)
44 Notice of Docket Correction: re 38 Notice (Other) filed by United Healthcare of Florida, Inc., Error: Wrong Event Selected; Correction: Re-docketed by the Court. (ls) (Entered: 06/07/2007)

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06/07/2007 06/07/2007
06/08/2007 06/08/2007
06/08/2007 06/12/2007 06/18/2007
06/22/2007 06/25/2007 06/26/2007

45 ORDER denying 35 Motion for Extension of Time to Complete Discovery Signed by Judge K. Michael Moore on 6/7/07. (rg1) (Entered: 06/07/2007)
46 JOINT RESPONSE and OBJECTIONS re 24 Defendant's MOTION for Protective Order filed by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Exhibit G # 8 Exhibit H # 9 Exhibit I)(Cooper, Cheryl) Modified on 6/8/2007 (ls). [Modified to read as above by Court] (Entered: 06/07/2007)
47 Plaintiff's MOTION to Compel Production of Documents by United States Equal Employment Opportunity Commission. Responses due by 6/22/2007 (Boehringer, Maria) (Entered: 06/08/2007)
48 NOTICE by United States Equal Employment Opportunity Commission re 47 Plaintiff's MOTION to Compel Production of Documents /Notice of Filing Exhibits to EEOC's Motion to Compel (Attachments: # 1 Exhibit A (EEOC's RFP to Defendant)# 2 Exhibit B, V1 (Defendant's Response to EEOC's RFP, pp. 1-10)# 3 Exhibit B, V.2 (Defendant's Response to EEOC's RFP, pp.11-22)# 4 Exhibit C (EEOC's Interrogatories to Defendant)# 5 Exhibit D (Defendant's Responses to EEOC's Interrogatories))(Boehringer, Maria) (Entered: 06/08/2007)
49 NOTICE of Hearing on Motion 24 Defendant's MOTION for Protective Order: Motion Hearing set for 6/22/2007 10:00 AM in Miami Division before Magistrate Judge Barry L. Garber. (lc1) (Entered: 06/08/2007)
50 NOTICE of Substitution of Counsel by Timothy O. Schranck on behalf of United Healthcare of Florida, Inc. (Attachments: # 1 Text of Proposed Order)(Schranck, Timothy) (Entered: 06/12/2007)
51 REPLY to Response to Motion re 24 Defendant's MOTION for Protective Order filed by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R)(Young, Erika) (Entered: 06/18/2007)
52 Minute Entry for proceedings held before Judge Barry L. Garber : Motion Hearing held on 6/22/2007 re 24 Defendant's MOTION for Protective Order filed by United Healthcare of Florida, Inc.,. (Tape #07C-26-1.) (ks) (Entered: 06/22/2007)
53 RESPONSE in Opposition re 47 Plaintiff's MOTION to Compel Production of Documents filed by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Young, Erika) (Entered: 06/25/2007)
54 ORDER Setting Hearing on Motion 47 Plaintiff's MOTION to Compel Production of Documents: Motion Hearing set for 7/3/2007 10:00 AM in Miami Division before Magistrate Judge Barry L. Garber.Signed by Magistrate Judge Barry L. Garber on 6/26/07.(lc1) (Entered: 06/26/2007)

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07/02/2007 07/03/2007 07/05/2007 07/10/2007 07/11/2007 07/18/2007 07/18/2007 07/19/2007 07/19/2007 07/19/2007 07/19/2007 07/19/2007 07/19/2007

55 REPLY to Response to Motion re 47 Plaintiff's MOTION to Compel Production of Documents filed by United States Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 07/02/2007)
56 Minute Entry for proceedings held before Judge Barry L. Garber : Motion Hearing held on 7/3/2007 re 47 Plaintiff's MOTION to Compel Production of Documents filed by United States Equal Employment Opportunity Commission,. (Tape #07C26-1153-2615.) (pf) (Entered: 07/03/2007)
57 Unopposed MOTION for Extension of Time to File Defendant's PreTrial Motions by United Healthcare of Florida, Inc.. (Young, Erika) (Entered: 07/05/2007)
58 NOTICE of Filing Privilege Log by United Healthcare of Florida, Inc. (Attachments: # 1 Exhibit A)(Young, Erika) Modified on 7/11/2007 (ls). [Modified to read as displayed above, by Court] (Entered: 07/10/2007)
59 ORDER requiring documents listed on Privilege Log be submitted by Defendant to Court for in camera inspection by 7/16/07. Signed by Magistrate Judge Barry L. Garber on 7/11/07.(cc) (Entered: 07/11/2007)
60 FINAL REPORT of Mediation Disposition: Impasse(pa) (Entered: 07/18/2007)
61 Unopposed MOTION for Leave to File Excess Pages by United Healthcare of Florida, Inc.. (Attachments: # 1 Text of Proposed Order)(Schranck, Timothy) (Entered: 07/18/2007)
62 NOTICE by United Healthcare of Florida, Inc. re 61 Unopposed MOTION for Leave to File Excess Pages of Withdrawal (Schranck, Timothy) (Entered: 07/19/2007)
63 Defendant's MOTION for Summary Judgment by United Healthcare of Florida, Inc.. Responses due by 8/2/2007 (Attachments: # 1 Exhibit Memorandum of Law in Support of Motion for Summary Judgment# 2 Exhibit Statement of Material Facts)(Young, Erika) (Entered: 07/19/2007)
64 APPENDIX to 63 Defendant's MOTION for Summary Judgment by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit 1 Deposition of Daniel Wolansky, Part 1# 2 Exhibit 1 Deposition of Daniel Wolansky, Part II# 3 Exhibit 2 Exhibits to Daniel Wolansky)(Young, Erika) (Entered: 07/19/2007)
65 APPENDIX to 63 Defendant's MOTION for Summary Judgment by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit 3 Deposition of William Condon# 2 Exhibit 4 Exhibits to William Condon# 3 Exhibit 5 Deposition of Amy Knapp)(Young, Erika) (Entered: 07/19/2007)
66 APPENDIX to 63 Defendant's MOTION for Summary Judgment by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit 6 Deposition of Tom Kurpiel# 2 Exhibit 7 Exhibits to Tom Kurpiel# 3 Exhibit 8 Deposition of Harriett McCrickert)(Young, Erika) (Entered: 07/19/2007)
67 APPENDIX to 63 Defendant's MOTION for Summary Judgment by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit 9 Exhibits to Harriett McCrickert# 2 Exhibit 10 Deposition of Michael Muchnicki# 3 Exhibit 11

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07/19/2007
07/19/2007 07/19/2007 07/20/2007 07/20/2007

Deposition of Marybeth OConnor)(Young, Erika) (Entered: 07/19/2007)
68 APPENDIX to 63 Defendant's MOTION for Summary Judgment by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit 12 Deposition of Daniel Rosenthal# 2 Exhibit 13 Declaration of Daniel Rosenthal# 3 Exhibit 14 Declaration of Barry Young)(Young, Erika) (Entered: 07/19/2007)
69 APPENDIX to 63 Defendant's MOTION for Summary Judgment by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit 15 Unpublished Opinions, Part 1# 2 Exhibit 15 Unpublished Opinions, Part 2)(Young, Erika) (Entered: 07/19/2007)
70 APPENDIX to 63 Defendant's MOTION for Summary Judgment by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit 15 Unpublished Opinions, Part 3)(Young, Erika) (Entered: 07/19/2007)
71 MEMORANDUM OF LAW Defendant's Memorandum of Law in Support of Its Motion for Summary Judgment by United Healthcare of Florida, Inc.. (Young, Erika) (Entered: 07/19/2007)
72 NOTICE by United Healthcare of Florida, Inc. Defendant's Notice of Filing Original Exhibit to Barry Young's Declaration in Support of Its Motion for Summary Judgment (Young, Erika) (Entered: 07/19/2007)
73 Plaintiff's MOTION for Summary Judgment as to Defendant's After-Acquired Evidence Defense by United States Equal Employment Opportunity Commission, Daniel Wolansky. Responses due by 8/2/2007 (Attachments: # 1 Supplement 7.5 Statement of Undisputed Facts# 2 Exhibit A# 3 Exhibit A 2# 4 Exhibit A 3# 5 Exhibit A 4# 6 Exhibit A 5# 7 Exhibit A 6# 8 Exhibit A 7# 9 Exhibit B 1# 10 Exhibit B 2# 11 Exhibit B 3# 12 Exhibit B 4# 13 Exhibit C# 14 Exhibit D 4# 15 Exhibit D 5# 16 Exhibit D 6)(Birken, Shawn) (Entered: 07/19/2007)
74 APPENDIX to 73 Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit E# 2 Exhibit F# 3 Exhibit D 1# 4 Exhibit D 2# 5 Exhibit D 3)(Sackel, Matthew) Modified on 7/20/2007 (ls). [Added relationship to DE #73] (Entered: 07/19/2007)
75 WITHDRAWAL of Motion by United Healthcare of Florida, Inc. re 61 Unopposed MOTION for Leave to File Excess Pages filed by United Healthcare of Florida, Inc.,. [See Image at DE #62] (ls) (Entered: 07/20/2007)
77 MEMORANDUM in Support re 63 Defendant's MOTION for Summary Judgment filed by United Healthcare of Florida, Inc.. [See Image at DE #71] (ls) (Entered: 07/20/2007)
76 Notice of Docket Correction: re 62 Notice (Other) filed by United Healthcare of Florida, Inc., Error: Wrong Event Selected; Correction: Re-docketed as a Withdrawal of Motion by the Clerk. (ls) (Entered: 07/20/2007)
78 Notice of Docket Correction: re 71 Memorandum of Law filed by United Healthcare of Florida, Inc., Error: Wrong Event Selected; Correction: Re-docketed as a Memorandum in Support by the Clerk. (ls) (Entered: 07/20/2007)

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07/20/2007 07/20/2007 07/20/2007 07/23/2007 08/06/2007
08/06/2007 08/06/2007 08/06/2007 08/06/2007 08/06/2007

79 ORDER granting 47 Motion to Compel, except for privileged documents. Signed by Magistrate Judge Barry L. Garber on 7/20/07. (cc) (Entered: 07/20/2007)
Set Deadline: Discovery as ordered by [DE 79] due by 7/31/2007. (cc) (Entered: 07/20/2007)
80 NOTICE of filing orignal exhibit to Barry E. Yong's declaration, by United Healthcare of Florida, Inc. (pa) (Entered: 07/20/2007)
81 NOTICE of Filing Exhibit "G" by United States Equal Employment Opportunity Commission, Daniel Wolansky re 73 Plaintiff's MOTION for Summary Judgment as to Defendant's After-Acquired Evidence Defense (Attachments: # 1 Exhibit G)(Sackel, Matthew) Modified on 7/24/2007 (ls). [Modified to read as displayed above, by Clerk] (Entered: 07/23/2007)
82 RESPONSE in Opposition re 73 Plaintiff's MOTION for Summary Judgment as to Defendant's After-Acquired Evidence Defense filed by United Healthcare of Florida, Inc.. (Attachments: # 1 Defendant's Statement of Material Facts as To Which There is a Genuine Issue to be Tried# 2 Defendant's Response to Plaintiff and Plaintiff/Intervenor's Statement of Fact in Support of Their Motion for Summary Judgment# 3 Appendix # 4 Exhibit 1 - Wolansky's Deposition Excerpts# 5 Exhibit 2 - Exhibits from Plaintiff's Deposition# 6 Exhibit 3 - Condon Deposition Excerpts# 7 Exhibit 4 - McCrickert's Deposition Excerpts# 8 Exhibit 5 - Muchnicki's Deposition Excerpts# 9 Exhibit 6 - Declaration of O'Sell# 10 Exhibit 7 - Declaration of Rosenthal w/Exhibits# 11 Exhibit 8 - Declaration of Young w/Exhibits# 12 Exhibit 9 - Unpublished Opinions)(Young, Erika) (Entered: 08/06/2007)
83 Unopposed MOTION for Leave to File Excess Pages for Plaintiff and Plaintiff-Intervenor to Respond to Defendant's Motion for Summary Judgment by Daniel Wolansky. (Attachments: # 1 Text of Proposed Order)(Birken, Shawn) (Entered: 08/06/2007)
84 RESPONSE in Opposition re 63 Defendant's MOTION for Summary Judgment filed by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # (1) ERROR: Attachment should be Main Document)(Cooper, Cheryl) Modified on 8/7/2007 (ls). (Entered: 08/06/2007)
85 APPENDIX to 84 Response in Opposition to Motion, for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Cooper, Cheryl) (Entered: 08/06/2007)
86 APPENDIX to 84 Response in Opposition to Motion, Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 7# 2 Exhibit 8# 3 Exhibit 9# 4 Supplement 10# 5 Exhibit 11# 6 Exhibit 12)(Cooper, Cheryl) (Entered: 08/06/2007)
87 APPENDIX to 84 Response in Opposition to Motion, Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 13# 2 Exhibit 14# 3 Exhibit 15# 4 Exhibit 16# 5 Exhibit 17# 6 Exhibit 18)(Cooper, Cheryl) (Entered:

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08/06/2007 08/07/2007 08/07/2007

08/06/2007)
88 APPENDIX to 84 Response in Opposition to Motion, Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 19# 2 Exhibit 20# 3 Exhibit 21# 4 Exhibit 22# 5 Exhibit 23# 6 Exhibit 24)(Cooper, Cheryl) (Entered: 08/06/2007)
89 APPENDIX to 84 Response in Opposition to Motion, Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 25# 2 Exhibit 26# 3 Exhibit 27# 4 Exhibit 28# 5 Exhibit 29)(Cooper, Cheryl) (Entered: 08/06/2007)
90 APPENDIX to 84 Response in Opposition to Motion, Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 30# 2 Exhibit 31# 3 Exhibit 32# 4 Exhibit 33# 5 Exhibit 34# 6 Exhibit 35# 7 Exhibit 36)(Cooper, Cheryl) (Entered: 08/06/2007)
91 APPENDIX to 84 Response in Opposition to Motion, Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 37# 2 Exhibit 38# 3 Exhibit 39# 4 Exhibit 40# 5 Exhibit 41# 6 Exhibit 42# 7 Exhibit 43# 8 Exhibit 44# 9 Exhibit 45# 10 Exhibit 46)(Cooper, Cheryl) (Entered: 08/06/2007)
92 APPENDIX to 84 Response in Opposition to Motion, Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 47# 2 Exhibit 48# 3 Exhibit 49# 4 Exhibit 50# 5 Exhibit 51# 6 Exhibit 52)(Cooper, Cheryl) (Entered: 08/06/2007)
93 APPENDIX to 84 Response in Opposition to Motion, Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 53# 2 Exhibit 54# 3 Exhibit 55# 4 Exhibit 56# 5 Exhibit 57# 6 Exhibit 58# 7 Exhibit 59# 8 Exhibit 60)(Cooper, Cheryl) (Entered: 08/06/2007)
94 APPENDIX to 84 Response in Opposition to Motion, Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 61# 2 Exhibit 62# 3 Exhibit 63# 4 Exhibit 64# 5 Exhibit 65# 6 Exhibit 66# 7 Exhibit 67# 8 Exhibit 68# 9 Exhibit 69# 10 Exhibit 70# 11 Exhibit 71# 12 Exhibit 72)(Cooper, Cheryl) (Entered: 08/07/2007)
96 Statement of Facts by United States Equal Employment Opportunity Commission, Daniel Wolansky re 84 Response in Opposition to Motion,. (ls) (Entered: 08/07/2007)
95 APPENDIX to 84 Response in Opposition to Motion, Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission, Daniel Wolansky. (Attachments: # 1 Exhibit 73)(Cooper, Cheryl) (Entered: 08/07/2007)
SYSTEM ENTRY - 84-2, filed on ,, deleted by (ls) (Entered: 08/07/2007)

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08/07/2007 08/07/2007 08/09/2007 08/11/2007 08/11/2007
08/11/2007
08/11/2007 08/14/2007 08/15/2007 08/16/2007 08/16/2007

97 Notice of Docket Correction: re 84 Response in Opposition to Motion, filed by United States Equal Employment Opportunity Commission,, Daniel Wolansky, Error: Attachment is a separate document; Correction: Document re-docketed as a Statement of Fact by the Clerk. (ls) (Entered: 08/07/2007)
98 Unopposed MOTION for Leave to File Excess Pages by United Healthcare of Florida, Inc.. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Young, Erika) (Entered: 08/07/2007)
99 ORDER denying 83 Motion for Leave to File Excess Pages, denying 98 Motion for Leave to File Excess Pages Signed by Judge K. Michael Moore on 8/8/07. (rg1) (Entered: 08/09/2007)
100 Plaintiff's MOTION for Permission to File Amended Statement of Facts and Amended Response in Opposition to Defendant's Motion for Summary Judgment by United States Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 08/11/2007)
101 RESPONSE in Opposition re 63 Defendant's MOTION for Summary Judgment Plaintiff and Plaintiff/Intervenor's Amended Response in Opposition to Defendant's Motion for Summary Judgment filed by United States Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 08/11/2007)
102 RESPONSE in Opposition re 63 Defendant's MOTION for Summary Judgment Plaintiff and Plaintiff/Intervenor's Amended Statement of Facts in Support of Plaintiff and Plaintiff/Intervenor's Response in Opposition to Defendant's Motion for Summary Judgment filed by United States Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 08/11/2007)
108 AMENDED Statement of Facts by United States Equal Employment Opportunity Commission, Daniel Wolansky in support re 101 Response in Opposition to Motion for Summary Judgment. [See Image at DE #102] (ls) (Entered: 08/27/2007)
103 ORDER granting 100 Motion for Permission to File Amended Statement of Facts and Amended Response in Opposition to Plaintiff's Motion for Summary Judgment. Signed by Judge K. Michael Moore on 8/13/07. (rg1) (Entered: 08/14/2007)
104 Defendant's MOTION for clarification 103 Order on Motion for Miscellaneous Relief by United Healthcare of Florida, Inc.. Responses due by 8/29/2007 (Schranck, Timothy) (Entered: 08/15/2007)
105 REPLY to Response to Motion re 73 Plaintiff's MOTION for Summary Judgment as to Defendant's After-Acquired Evidence Defense filed by Daniel Wolansky. (Birken, Shawn) (Entered: 08/16/2007)
106 REPLY to Response to Motion re 63 Defendant's MOTION for Summary Judgment and Response to Facts filed by United Healthcare of Florida, Inc.. (Attachments: # 1 Appendix # 2 Exhibit 1 - Wolansky's Depo cites# 3 Exhibit 2 Condon's depo cites# 4 Exhibit 3 - Knapp's depo cites# 5 Exhibit 4 - Kurpiel's depo cites# 6 Exhibit 5 - Muchnicki's depo cites# 7 Exhibit 6 - O'Connor's depo cites# 8 Exhibit 7 - Rosenthal's depo cites# 9 Exhibit 8-1 Unpublishing Opinions#

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08/20/2007 08/27/2007 08/27/2007 08/27/2007 08/27/2007 08/27/2007
08/27/2007
08/27/2007 08/27/2007

10 Exhibit 8-2 Unpublished Opinions# 11 Defendant's Response to Facts)(Young, Erika) (Entered: 08/16/2007)
107 ORDER granting 104 Motion for Clarification Signed by Judge K. Michael Moore on 8/20/07. (rg1) (Entered: 08/20/2007)
109 Notice of Docket Correction: re 102 Response in Opposition to Motion, filed by United States Equal Employment Opportunity Commission, Error: Wrong Event Selected; Correction: Re-docketed as Statement by the Clerk. (ls) (Entered: 08/27/2007)
110 Defendant's MOTION in Limine To Exclude Evidence Relating To Any Claims Dismissed Prior To Trial by United Healthcare of Florida, Inc.. (Attachments: # (1) ERROR: Attachment should be main document)(Young, Erika) Modified on 8/28/2007 (ls). (Entered: 08/27/2007)
111 Defendant's MOTION in Limine To Exclude Evidence Relating To Condon's Prior Employment, Arrests, and/or Convictions by United Healthcare of Florida, Inc.. (Attachments: # (1) ERROR: attachment should be main document)(Young, Erika) Modified on 8/28/2007 (ls). Additional attachment(s) added on 8/28/2007 (ls). (Entered: 08/27/2007)
112 Defendant's MOTION in Limine To Exclude Evidence Of Any Alleged Statement or Conduct That Was Not Directed at Plaintiff-Intervenor Because of Sex or is Otherwise Not Objectively Related to His Gender by United Healthcare of Florida, Inc.. (Attachments: # (1) ERROR: Attachment should be main document)(Young, Erika) Modified on 8/28/2007 (ls). (Entered: 08/27/2007)
113 Defendant's MOTION in Limine To Exclude Lay Opinions Relating to Defendant's Challenged Employment Decisions and Testimony From Former Employees That They Were Subject to Retaliation During Their Employment by United Healthcare of Florida, Inc.. (Attachments: # (1) ERROR: Attachment should be main document)(Young, Erika) Modified on 8/28/2007 (ls). (Entered: 08/27/2007)
114 Defendant's MOTION in Limine To Exclude Evidence Offered in Support of Plaintiffs' Claims For Punitive Damages or, In The Alternative, to Bifurcate the Trial and Exclude Evidence Relating to its Financial Net Worth by United Healthcare of Florida, Inc.. (Attachments: # (1) ERROR: Attachment should be main document)(Young, Erika) Modified on 8/28/2007 (ls). (Entered: 08/27/2007)
115 PRETRIAL STIPULATION by United States Equal Employment Opportunity Commission, United Healthcare of Florida, Inc., Daniel Wolansky. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Young, Erika) (Entered: 08/27/2007)
116 MEMORANDUM in Support re 110 Defendant's MOTION in Limine To Exclude Evidence Relating To Any Claims Dismissed Prior To Trial filed by United Healthcare of Florida, Inc.. [Document previously filed electronically] (ls) (Entered: 08/28/2007)

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08/27/2007
08/27/2007
08/27/2007
08/27/2007
08/28/2007 08/28/2007
08/28/2007 08/28/2007
08/28/2007 08/28/2007
08/28/2007 08/28/2007

118 MEMORANDUM in Support re 111 Defendant's MOTION in Limine To Exclude Evidence Relating To Condon's Prior Employment, Arrests, and/or Convictions filed by United Healthcare of Florida, Inc.. [Document previously filed electronically] (ls) Additional attachment(s) added on 8/28/2007 (ls). (Entered: 08/28/2007)
120 MEMORANDUM in Support re 112 Defendant's MOTION in Limine To Exclude Evidence Of Any Alleged Statement or Conduct That Was Not Directed at Plaintiff-Intervenor Because of Sex or is Otherwise Not Objectively Related to His Gender filed by United Healthcare of Florida, Inc.. [Document previously filed electronically] (ls) (Entered: 08/28/2007)
122 MEMORANDUM in Support re 113 Defendant's MOTION in Limine To Exclude Lay Opinions Relating to Defendant's Challenged Employment Decisions and Testimony From Former Employees That They Were Subject to Retaliation During Their Employment filed by United Healthcare of Florida, Inc.. [Document previously filed electronically] (ls) (Entered: 08/28/2007)
125 MEMORANDUM in Support re 114 Defendant's MOTION in Limine To Exclude Evidence Offered in Support of Plaintiffs' Claims For Punitive Damages or, In The Alternative, to Bifurcate the Trial and Exclude Evidence Relating to its Financial Net Worth filed by United Healthcare of Florida, Inc.. [Document previously filed electronically] (ls) (Entered: 08/28/2007)
SYSTEM ENTRY - 110-2, filed on ,, deleted by (ls) (Entered: 08/28/2007)
117 Notice of Docket Correction: re 110 Defendant's MOTION in Limine To Exclude Evidence Relating To Any Claims Dismissed Prior To Trial filed by United Healthcare of Florida, Inc., Error: Attachment is a separate document; Correction: Document re-docketed as Memorandum in Support by Clerk. (ls) (Entered: 08/28/2007)
SYSTEM ENTRY - 111-2, filed on ,, deleted by (ls) (Entered: 08/28/2007)
119 Notice of Docket Correction: re 111 Defendant's MOTION in Limine To Exclude Evidence Relating To Condon's Prior Employment, Arrests, and/or Convictions filed by United Healthcare of Florida, Inc., Error: Attachment is a separate document; Correction: Document re-docketed as Memorandum in Support by Clerk. (ls) (Entered: 08/28/2007)
SYSTEM ENTRY - 112-2, filed on ,, deleted by (ls) (Entered: 08/28/2007)
121 Notice of Docket Correction: re 112 Defendant's MOTION in Limine To Exclude Evidence Of Any Alleged Statement or Conduct That Was Not Directed at Plaintiff-Intervenor Because of Sex or is Otherwise Not Objectively Related to His Gender filed by United Healthcare of Florida, Inc., Error: Attachment is a separate document; Correction: Document re-docketed as Memorandum in Support by Clerk. (ls) (Entered: 08/28/2007)
SYSTEM ENTRY - 113-2, filed on ,, deleted by (ls) (Entered: 08/28/2007)
123 Notice of Docket Correction: re 113 Defendant's MOTION in Limine To Exclude Lay Opinions Relating to Defendant's Challenged Employment Decisions and Testimony From Former Employees That They Were Subject to Retaliation

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08/28/2007
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08/29/2007 08/31/2007 09/13/2007 09/14/2007 09/25/2007 09/27/2007 09/27/2007

During Their Employment filed by United Healthcare of Florida, Inc., Error: Attachment is a separate document; Correction: Document re-docketed as Memorandum in Support by Clerk. (ls) (Entered: 08/28/2007)
124 Notice of Docket Correction: re 114 Defendant's MOTION in Limine To Exclude Evidence Offered in Support of Plaintiffs' Claims For Punitive Damages or, In The Alternative, to Bifurcate the Trial and Exclude Evidence Relating to its Financial Net Worth filed by United Healthcare of Florida, Inc., Error: Attachment is a separate document; Correction: Document re-docketed as Memorandum in Support by Clerk. (ls) Modified on 8/28/2007 (ls). (Entered: 08/28/2007)
SYSTEM ENTRY - 114-2, filed on ,, deleted by (ls) (Entered: 08/28/2007)
SYSTEM ENTRY - Docket Entry, resp, and Document 125, filed on 08/27/2007, deleted by (ls) (Entered: 08/28/2007)
SYSTEM ENTRY - 111-2, filed on ,, deleted by (ls) (Entered: 08/28/2007)
126 ORDER POSTPONING PRETRIAL CONFERENCE Calendar Call set for 9/13/2007 02:00 PM in Miami Division before Judge K. Michael Moore. Pretrial Conference set for 9/13/2007 02:00 PM in Miami Division before Judge K. Michael Moore.Signed by Judge K. Michael Moore on 8/29/2007.(ag) (Entered: 08/29/2007)
127 NOTICE by United States Equal Employment Opportunity Commission, United Healthcare of Florida, Inc., Daniel Wolansky re 115 Pretrial Stipulation Of Filing Corrected Joint Pretrial Stipulation (Attachments: # 1 Exhibit A - Corrected Joint Pretrial Stipulation)(Young, Erika) (Entered: 08/29/2007)
128 ORDER denying 63 Motion for Summary Judgment, denying 73 Motion for Summary Judgment Signed by Judge K. Michael Moore on 8/31/07. (rg1) (Entered: 08/31/2007)
129 NOTICE of Settlement of EEOC's and Plaintiff-Intervenor's Claims Against United HealthCare of Florida, Inc. by United States Equal Employment Opportunity Commission, United Healthcare of Florida, Inc., Daniel Wolansky (Cooper, Cheryl) (Entered: 09/13/2007)
130 ORDER CLOSING CASE, Notice of Court Practice re Parties' Notice of SettlementSigned by Judge K. Michael Moore on 9/14/07.(rg1) (Entered: 09/14/2007)
131 Joint MOTION for Extension of Time to File Stipulation for Dismissal and Motion for Entry of Consent Decree by Daniel Wolansky. (Birken, Shawn) (Entered: 09/25/2007)
132 ORDER granting 131 Motion for Extension of Time to File Stipulation for Dismissal. Signed by Judge K. Michael Moore on 9/27/07. (rg1) (Entered: 09/27/2007)
133 Joint MOTION for Approval of Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - Consent Decree)(Cooper, Cheryl) (Entered: 09/27/2007)

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CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?245786504420246-L_92...

09/28/2007 09/28/2007 10/03/2007 10/03/2007 10/04/2007
10/05/2007 10/05/2007

134 STIPULATION of Dismissal by United States Equal Employment Opportunity Commission, United Healthcare of Florida, Inc., Daniel Wolansky. (Young, Erika) (Entered: 09/28/2007)
135 ORDER granting 133 Motion for Court Approval of Consent Decree Signed by Judge K. Michael Moore on 9/28/07. (rg1) (Entered: 09/28/2007)
136 Unopposed MOTION to Amend/Correct To File and For Entry of Substituted Consent Decree by United Healthcare of Florida, Inc.. Responses due by 10/18/2007 (Attachments: # 1 Consent Decree)(Young, Erika) (Entered: 10/03/2007)
137 MOTION for Leave to File, MOTION for Entry of Substituted Consent Decree by United Healthcare of Florida, Inc.. [See Image at DE #136] (ls) (Entered: 10/04/2007)
138 Notice of Docket Correction and Instruction to Filer: re 136 Unopposed MOTION to Amend/Correct To File and For Entry of Substituted Consent Decree filed by United Healthcare of Florida, Inc., Error: Motion with Multiple Reliefs Filed as One Relief. Instruction To Filer= In the future please select all applicable Reliefs; Wrong Event Selected; Correction=Redocketed as Motion for Leave to File Document/MOTION for Miscellaneous Relief. Instruction to Filer=In the future please select the proper Event. (ls) (Entered: 10/04/2007)
139 ORDER granting 136 Motion to File and for Entry of Substituted Consent Decree.Signed by Judge K. Michael Moore on 10/4/07. (rg1) (Entered: 10/05/2007)
140 CONSENT DECREESigned by Judge K. Michael Moore on 10/4/07.(rg1) (Entered: 10/05/2007)

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