1-cv-07543-PAS Document 1 Entered on FLSD Docket 10/01/2001 Pa

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

01-7543

Plaintiff,

·, (.

!.~_A~1'- c ,hRl'I.i

v.

CIVIL ACTION NO.

MORTGAGE INFORMATION SERVICES, INC., Defendant.

COMPLAINT JURY TRIAL DEMAND INJUNCTIVE ~)E~ M~l{S~TED
FILED
SEP 2 6 2001 ,~

NATURE OF THE ACTION

CLARENCE r.~ .a.:JDOX

ClERK, USDC iSDFL/ FTL

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 unla\vful employment practices on the basis of sex and retaliation, and

to provide appropriate relief to Maritza Osorio and other similarly situated females who were

adversely affected by such practices. As stated with greater particularity in paragraph seven, the

Commission alleges that Ms. Osorio and other similarly situated females were subjected to

unwelcome verbal and physical conduct of a sexual nature by management officials of the

Defendant. The conduct was sufficiently severe and pervasive to constitute a hostile and

intimidating work environment. The Commission further alleges that Defendant unlawfully

retaliated against Ms. Osorio by terminating her employment for engaging in a statutorily protected

activity and forced similarly situated female employees to resign because of the intolerable working

conditions.

1-cv-07543-PAS Document 1 Entered on FLSD Docket 10/01/2001 Pa

JURISDICTION AND VENUE

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

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

the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(I) 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 committed within the jurisdiction of

the United States District Court for the Southern District of Florida, Fort Lauderdale Division.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"'), is the agency

of the United States of America charged with the administration. interpretation and enforcement of

Title VII, and is expressly authorized to bring this action by Section 706(!)( I) and (3) of Title VII,

42 U.S.C. § 2000e-5(f)(l) and (3).

4. At all relevant times, Defendant, Mo11gage Infonnation Services Inc. (the "Employer"), has

continuously been an Ohio corporation doing business in the State of Florida and the City of

Miramar, and has continuously had at least 15 employees.

5.

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

an industry affecting commerce within the meaning of Sections 70l(b), (g) and (h) ofTitle VII, 42

U.S.C. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Maritza Osorio filed a charge

with the Commission alleging violations of Title VII by Defendant Employer. All conditions

precedent to the institution of this lawsuit have been fulfilled.

7.

Since at least May 1998, certain members of management employed by Defendant have

2

1-cv-07543-PAS Document 1 Entered on FLSD Docket 10/01/2001 Pa
engaged in unlawful employment practices at its Miramar facility, in violation ofSections 703(a)(l) and 704(a) ofTitle VII, 42 U.S. C. §§ 2000e-2(a) and 2000e-3(a). The practices included the sexual harassment of female employees including Maritza Osorio and the discriminatory discharge or constructive discharge of female employees.
a) Certain management officials of the Defendant Employer subjected Maritza Osorio and similarly situated female employees to verbal and physical conduct of a sexual nature which was sufficiently severe and pervasive to create a hostile, intimidating work environment. The conduct included, but was not limited to, constantly rubbing female employees shoulders; caressing the inside of a female employee thigh; spanking a female employee when she bent over to perfom1 a work related duty; commenting to a female employee that '"my banana" is larger than the one that you are eating and continuously leering at female employees breast and genital area.
b) Defendant Employer is liable fort he sexual harassment to which is subjected Maritza Osorio and similarly situated female employees during their employment.
c) The continuous sexual harassment created a hostile work environment which was so intolerable that female employees similarly situated to Maritza Osorio were compelled to resign their positions with Defendant Employer.
d) Defendant Employer terminated Maritza Osorio after she complained of the sexual harassment. Maritza Osorio's termination was in retaliation for her opposition to Defendant's sexual harassment.
8. The effect of the practices complained of in paragraph seven above has been to deprive Ms. Osorio and similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as an employee because of their sex and because of retaliation.
3

1-cv-07543-PAS Document 1 Entered on FLSD Docket 10/01/2001 Pa
9. The unlawful employment practices complained of in paragraphs seven above were intentional. I0. The unlawful employment practices complained of in paragraphs seven above were done with malice or with reckless indifference to the federally protected rights ofMaritza Osorio and any other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors. assigns. and all persons in active concert or participation with it, from engaging in sexual harassment or retaliation and any other employment practice which discriminates on the basis of sex and retaliation. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for females. and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Maritza Osorio and any other similarly situated individuals, by providing appropriate backpay with prejudgment interest, in amounts to be detem1incd at trial, and other affim1ativc relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to make whole Maritza Osorio and any other similarly situated individuals. by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs seven and eight above, including out-ofpocket losses. job search expenses, in amounts to be determined at trial. E. Order Defendant Employer to make whole Maritza Osorio and any other similarly situated
4

1-cv-07543-PAS Document 1 Entered on FLSD Docket 10/01/2001 Pa
individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph seven above, including humiliation, emotional pain, suffering, inconvenience, and loss of enjoyment of life, in amounts to be determined at trial. F. Order Defendant Employer to pay Maritza Osorio and any other similarly situated individuals, punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial. G. Grant such further relief as the Court deems necessary and proper in the public interest. H. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
NICHOLAS M. INZEO Acting Deputy General Counsel GWENDOLYN REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney MICHAEL FARRELL Supervisory Trial Attorney
~JOHJt' C L0.. {\;,~'"
JO C. WEAVER Trial Attorney Colorado Bar No. 030333 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office, #2700 TwoS. Biscayne Blvd. Miami, Fl 33131 Tel. (305) 530-6458/ Facsimile (305) 536-4494
5

1-cJ(vRSe-4v40. 172:596!4. 3-PAS DocumeCnItV1IL CEOnVtEerRedSoHnEFELTSD Docket 10/01/2001 Pa

The JS-44 Civil cover sheet and the Information contained here1n ne1ther replace nor supplement the filing and serv1ce of pleadings or other papers as required

by law except as prov1ded by local rules of court This form approved by the Jud1C1al Conference of the Un1ted States 1n September 1974. is required t:r the use

of the Clerk of Court for the purpose of 1n1tlal1ng the CIVIl docket sheet /SEE INSTRUCTIONS ON THE REVERSE OF THE FORM)

1. (a) PLAINTIFFS

UNITED STATES EQUAL E~YINT

OPPORTUNITY COMMISSIO

-

I DEFENDANTS

7 _ MORTGAGE INFORMATION SERVICES, INC.

-

MAGlSTRA

5 43 CIV- SEITZ G.wXikJUDGF;

(b) (()I_·•JT'( ');:" RESIDEtJCE OF FIRST LISTED PLAINTIFF

CO'-'~JT'r OF PESIDEtJCE OF FIR:.T LI-:-TED DEFEt-mAr~T ______B_RO_WnnA"'R"-D'------

!EXCEPT IN US PLAINTIFF CASES!

fi D: Cit+J

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t·JOTE

JO~ 'WfA'~E1t;"'Y~YAe0A'f't6~[~',"0rE't\'e'ER'

ONE BISCAYNE TOWER, 2 S. BISCAYNE BOULEVARD, #2 00

{IN US PLAINTIFF CASES ONLY)

;·~:;'2:'~[~~~~;~~~-;~ j~;~c~~~g'fll G'ft f1EBC(9"XON OF THE

FILED

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~{ SEP 28 2001

MIAMI, El OR IDA 3313J (305)53D-645.B_u=---c---

RIV~Cka:~S6EEr•MillJ2rlJbs (d) CIRCLE COUNTY WHERE ACTION AROSE DADE MONROE. I BROWARD PALM BEACH MARTIN ST LUCIE .. INDIAN

II. BASIS OF JURISDICTION

PA~TI~~~:;NB: "~:~BOX ,PeACE"'' ' ""'"' BO• CNC" Ill. CITIZENSHIP OF PRINCIPAL

FOR PL.A<NTIF!'

(For DIVersity Cases Only)

AND ONE BOX FOR DEFENDANT!

[)(1 US. Government Plaintiff

o .> Federal Ouest1on (US Government Not a Party)

Cit1zen of This State

PTF DEF

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of Bustness In ThiS State

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C1t1zen of Another State D 2 D 2
Cillzen or Subject of a o ~ ;:J :J Fore1gn Country

IV. ORIGIN
~~ OPg1nal Proceedrng

r:= 2 Remover1 from State Court

(PLACE AN ·x·· IN ONE BOX ONLY!

~ 3 Remanded from Appellate Court

4 Re1nstated or Reopened

= Transferred from s another d1str1ct 1spec1fy)

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VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION D UNDER F R C P 23

DEMAND $

VIII. RELATED CASE(S) <See <nstcuct1ons1

IF ANY

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DATE

SIGi·JATURE OF ATTQRi~E'' OF RECORD

CHECK YES only 11 demanded in compla.rrt

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FOR OFFICE USE ONLY
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APPL ·r·lr·JG I F P _ _ _ _ _ . J U D G E - - - - - - - - MAG .JUDGE

 
 Case 0:01-cv-07543-PAS Document 32 Entered on FLSD Docket 09/13/2002 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 01-7543-CIV-SEITZ/ BANDSTRA

UNITED STATES E.E.O.C.,

Plaintiff, and
F··. •
MARITZA OSORIO,

Plaintiff/Intervenor, v.

MORTGAGE INFORMATION

SERVICES, INC.,

0

-..1

Defendant.
________________________ /

ORDER THIS CAUSE came before the Court on Defendant Mortgage Information Services, Inc.'s Motion To Compel Plaintiff/Intervenor Maritza Osorio's Better Responses To Defendant's First Set of Interrogatories Nos. 11 and 14 and Request For Production of Documents Nos. 6 and 10 (D.E. 23) filed on July 11, 2002; and Defendant Mortgage Information Services, Inc.'s Motion To: (1) Compel Plaintiff United States EEOC's Better Response To Defendant's First Set of Interrogatories Nos. 1,2,3,8,9,12, and 13; (2) Strike the General Objections To Defendant's First Set of Interrogatories and Request For Production; and (3) Compel Plaintiff To Produce A Privilege Log or Produce the Documents Requested In Defendant's Request For Production of Documents Nos. 2 and 3 (D.E. 24) filed on July 31, 2002. Upon review of these motions, the responses thereto, if any, the court file and applicable law, it is hereby

Case 0:01-cv-07543-PAS Document 32 Entered on FLSD Docket 09/13/2002 Page 2 of 3
ORDERED AND ADJUDGED as follows: (A) Defendant Mortgage Information Services, Inc.'s Motion To Compel Plaintiff/Intervenor Maritza Osorio's Better Responses To Defendant's First Set oflnterrogatories Nos. 11 and 14 and Request For Production ofDocuments No.6 and 10 (D.E. 23) is GRANTED since no response or objection thereto was filed by plaintiff/intervenor. As such, plaintiff/intervenor shall provide defendant with the requested discovery within five (5) days of the date of this Order. (B) Defendant Mortgage Information Services, Inc.'s Motion To: (1) Compel Plaintiff United States EEOC's Better Response To Defendant's First Set Of Interrogatories Nos. 1,2,3,8,9,12, and 13; (2) Defendant's Motion to Strike the General Objections To Defendant's First Set oflnterrogatories and Request For Production; and (3) Defendant's Motion to Compel Plaintiff To Produce A Privilege Log or Produce the Documents Requested In Defendant's Request For Production of Documents Nos. 2 and 3 (D.E. 24) is DENIED. The undersigned notes that Defendant Mortgage Information Services, Inc.'s Partial Withdrawal of its Motion To Compel the EEOC To Respond To Discovery (D.E. 15) filed on August 15, 2002, withdrew all previous demands for discovery from the EEOC except for the EEOC's response to Interrogatory No. 2. which requests that the EEOC identify all charges of discrimination that the plaintif£1intervenor has filed or sent to federal, state, or local agencies within the last ten years, and the name of the respondent, investigating agency, date of initiation, case number and the jurisdiction in which the matter was pending. In an equal opportunity suit brought against an employer, the EEOC may properly withhold all information related to charges filed by a plaintiff against former, or other employers regardless of whether or not the defendant could discover from the plaintiff himself or herself information concerning the plaintiffs claims against other employers. Branch v. Phillips
-2-

Case 0:01-cv-07543-PAS Document 32 Entered on FLSD Docket 09/13/2002 Page 3 of 3
Petroleum, 638 F.2d 873 (5th Cir. 1981). Information obtained by the EEOC during its efforts to conciliate employee's charges against employers is privileged against disclosure to other employers. Id at 880. 1 Defendant's posture "vis a vis other employers against whom [Maritza Osorio] has brought charges is not substantially different from that of any other member of the public," in terms of the confidentiality the EEOC owes employers and claimants against public disclosure as set forth in 42 U.S.C. 2000e-8 (2002). ld. Therefore, defendant's request for discovery relating to information in possession of the EEOC concerning other charges filed by Maritza Osorio with the EEOC or other governmental agencies, is not discoverable and privileged from disclosure from the EEOC.
DONE AND ORDERED in Chambers, at Miami, Florida, this \-:t7\..day of September, 2002.

Copies furnished to:
The Honorable Patricia A. Seitz All Counsel of Record

Ted E. Bandstra United States Magistrate Judge

1 Cases decided by the former Fifth Circuit Court of Appeals prior to October 1, 1981 are binding as precedent on the Eleventh Circuit. Bonner v. City ofPrichard, Alabama, 661 F.2d 1206, 1207 (11th Cir. 1981 ).
-3-

 
 Case 0:01-cv-07543-PAS Document 43 Entered on FLSD Docket 12/31/2002 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 01-7543-CIV-SEITZ/BANDSTRA
UNITED STATES E.E.O.C., Plaintiff,
V.
MARITZA OSORIO, Plainti ff/Intervcnor
0
V.
MORTGAGE INFORMATION SERVICES, INC., Defendant.
ORDER THIS CAUSE is before the Court on Defendant's Omnibus Motion for Two Protective Orders and to Enlarge the Discovery Period for the Conduct ofDepositions (D.E. 37) filed on December 12, 2002. Having carefully considered the motion, the court file and applicable law, it is hereby ORDERED AND ADJUDGED that defendant's motion is DENIED AS MOOT in light of this Court's previous Order granting the parties' motion to extend discovery

Case 0:01-cv-07543-PAS Document 43 Entered on FLSD Docket 12/31/2002 Page 2 of 2

deadline. DONE AND ORDERED in Chambers, at Miami, Florida this 1.1. day ofDecember,
2002.

Copies furnished to: All counsel of record

~9- S3!L ---
Ted E. Bandstra
United States Magistrate Judge

2

 
 Case 0:01-cv-07543-PAS Document 70 Entered on FLSD Docket 03/26/2003 Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION CASE NO: 01-7543-CIV-SEITZ/BANDSTRA

UNITED STATES E.E.O.C.,

Plaintiff, and

(F,

' '

'''

. -' ·,

MARITZA OSORIO

Plaintiff/Intervenor

v.

MORTGAGE INFORMATlON SERVICES, INC.,

Defendant.
--------------------~/
PROTECTIVE ORDER REGARDING THE PRODUCTION AND EXCHANGE OF PROPRIETARY, COMMERCIAL AND FINANCIAL DOCUMENTS

Upon review of the Defendant's motion for a protective order and being fully

advised on the matter, IT IS HEREBY ORDERED THAT THE MOTION IS

GRANTED.

1. Any party to this action may designate as "Confidential And Protected

Matter" any documents that contain proprietary, financial, or confidential documentation

pertaining to Defendant including, but not limited to, all documents which relate to actual

or projected revenues, expenses, return on equity, sales and/or projected sales and

strategies of Mortgage Information Services, Inc.

Case 0:01-cv-07543-PAS Document 70 Entered on FLSD Docket 03/26/2003 Page 2 of 5
2. "Confidential And Protected Matter" shall be used solely for the purposes of litigating this case and not for any other purpose, action or proceeding.
3. Confidential and Protected Matter shall be labeled or otherwise designated "Confidential" or the equivalent. Any confidential designation which is inadvertently omitted prior to or subsequent to the entry of this protective order may be corrected by written notification to opposing counsel.
4. If any party or counsel wishes to use or inquire into a Confidential and Protected Matter at any deposition, the portion of the deposition transcript that relates to the Confidential and Protected Maller shall be designated and treated as a Confidential and Protected document and subject to the confidentiality/protective provisions herein.
5. Confidential and Protected Matters (including portions of deposition transcripts) or information derived there from may only be disclosed or made available by the party receiving such infonnation to "Qualified Persons," who are defined to consist of:
(a) The Judge and jury; (b) Counsel for the parties to this action and the legal, paralegal, clerical and secretarial staff employed by such counsel; (c) Expert witnesses and other experts (whether or not retained to testify) utilized in connection with this litigation; and (d) Court reporters. Confidential and Protected Matters may not be disclosed to Ms. Osorio or any Claimants represented by the EEOC.
2

Case 0:01-cv-07543-PAS Document 70 Entered on FLSD Docket 03/26/2003 Page 3 of 5
6. All Confidential and Protected Matter or information (including portions of deposition transcripts) that is included in or attached to any papers filed with the Court shall be labeled "Confidential." After any confidential documents are filed with the Court, the only individuals who will be allowed access to those documents will be: (1) the Court; and (2) counsel for the parties to this action and their legal, paralegal, clerical and secretarial staffs, including Defendant's staff and in-house counsel. Within sixty (60) days after the completion of this action, counsel for any party on whose behalf confidential documents were submitted will be permitted to retrieve all the confidential documents he or she has submitted to or filed with the Court. However, if counsel fails to remove such confidential documents after the expiration of this sixty (60) day period, the documents will be destroyed by the Court.
7. Each non-lawyer given access to Confidential and Protected Matter or information pursuant to the terms of this Order shall be advised in writing that the Confidential and Protected Matter or information is being disclosed pursuant to and subject to the terms of this Order and may not be disclosed other than pursuant to the tenns hereof. Any non-lawyer who is to have access to any information protected by this Order shall be provided with a copy of this Order. Any non-lawyer who is to have access to any information protected by this Order must sign a copy of this Order acknowledging that he or she has read it ami will abide by its tenns.
8. This Order shall not prejudice in any way the right of a party at any time: (l) to seek a detem1ination by the Court of whether any particular item or piece of information should be subject to the terms of this Order; or (2) to seek relief on notice
3

Case 0:01-cv-07543-PAS Document 70 Entered on FLSD Docket 03/26/2003 Page 4 of 5
from any provisions of this Order, either generally or as to any particular document or piece ofinfonnation.
9. Whenever a party objects to the treatment of a document or a portion of a deposition transcript as confidential, counsel for that party shall give such notification in writing to trial counsel for the party requesting confidential treatment. Within ten (1 0) days of receipt of said notice, the party requesting confidential treatment may apply to the Court for a ruling confinning that the document or transcript shall be treated as Confidential and Protected Matter pursuant to the tenns of this Order. If such application is made, the document or transcript shall be afforded Confidential and Protected treatment pursuant to the tem1s of this Order until the Court rules on such application.
I0. The specification of appropriate safeguards concerning evidence at the trial is specifically reserved for action by the Judge or later agreement by the parties at or before the hearing.
11. Upon the termination of this action, including all appeals, the pat1ies shall return to counsel for the production party the Confidential and Protected Matter produced by the other party and all copies thereof, or the parties may agree upon appropriate methods of destruction.
12. If Confidential and Protected Matter or infom1ation in the possession of a receiving party is subpoenaed by any court, administrative or legislative body, or any other person or organization purporting to have authority to subpoena such data or infom1ation, the party to whom the subpoena is directed shall not provide or otherwise disclose such documents or information without first notifying counsel for the producing party in writing of: (1) the information and documentation which is requested for
4

Case 0:01-cv-07543-PAS Document 70 Entered on FLSD Docket 03/26/2003 Page 5 of 5
production in the subpoena; (2) the date on which compliance with the subpoena is requested; (3) the location at which compliance with the subpoena is requested; (4) the identity of the party serving the subpoena; and (5) the case name, jurisdiction and index, docket, complaint, charge, civil action or other identification number or other designation identifying the litigation, administrative proceeding or other proceeding in which the subpoena has been issued.
13. The inadvertent production or disclosure of any document, material or information subject to the attorney-client privilege, attorney-work product privilege, or any other applicable privilege shall not be deemed a waiver, in whole or in part, of the producing party's claim of such privilege. The parties further agree that all such documents or materials inadvertently disclosed (and all copies of such materials) shall be returned to the producing party within twenty-four (24) hours after the producing party makes written demand for such rctum.
14. Any information that EEOC obtains that is protected by this Stipulation will not be used for any other purpose than this lawsuit and will not be shared or disclosed to any EEOC employee not involved in the litigation of this action.
DONE AND ORDERED THIS~day of _____.t-....:...A..::....:IIll.,.__,.-~('_,\...,_ 2003.
.._ .. United States ~Judge .)·•-=,·~
5

 
 Case 0:01-cv-07543-PAS Document 71 Entered on FLSD Docket 03/26/2003 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 01-7543-CIV-SEITZ/BANDSTRA
UNITED STATES E.E.O.C., Plaintiff,
v.
MARITZA OSORIO, Plaintiff/Intervenor
v.
MORTGAGE INFORMATION SERVICES, INC., Defendant.

.--... '-
'~ -~)

ORDER THIS CAUSE is before the Court on various pending motions. Having carefully considered the motions, the responses and replies thereto, the court file and applicable law, it is hereby ORDERED AND ADJUDGED as follows: (1) Defendant Mortgage Infonnation Services, Inc.'s Motion to Compel the EEOC to Provide Better Responses to Discovery and for Fees and Costs (D.E. 47) filed on January 22, 2003 is GRANTED IN PART. Accordingly, the motion is granted in its entirety as to

Case 0:01-cv-07543-PAS Document 71 Entered on FLSD Docket 03/26/2003 Page 2 of 3
the discovery requested except that interrogatory 4 is limited to 1995 to the present. Further, defendant's request for fees and costs is denied.
(2) Defendant's Motion for a Protective Order Regarding the Production and Exchange of Proprietary, Commercial and Financial Documents (D.E. 49) filed on January 27, 2003 is GRANTED. The undersigned has, contemporaneously with the entry of this Order, entered a separate Protective Order.
(3) Plaintiff Equal Employment Opportunity Commission's Motion to Compel Discovery (D.E. 51) filed on January 31, 2003 is GRANTED. The undersigned notes that Defendant asserts in its motion to strike that it has already provided documents responsive to 2-4 and 2-5. To the extent these discovery requests have been produced, the motion is moot. Plaintiff EEOC agrees that production has been provided with regard to these requests. Therefore, the only outstanding discovery is 2-6. Accordingly, the undersigned hereby orders the production ofall responsive documents to request for production 2-6 which the undersigned finds is reasonably calculated to lead to the discovery of admissible evidence. Defendant shall produce these responsive documents within five (5) dates of the date of this Order.
(4) Defendant's Motion to Strike EEOC's Motion to Compel Discovery (D.E. 58)
2

Case 0:01-cv-07543-PAS Document 71 Entered on FLSD Docket 03/26/2003 Page 3 of 3
filed on February 11,2003 is DENIED AS MOOT in light ofthis Court's ruling in paragraph (3) of this Order.
DONE AND ORDERED in Chambers, at Miami, Florida this ;u~y of March ,
2003.

Copies furnished to: Honorable Patricia A. Seitz All counsel of record

Ted E. Bandstra United States Magistrate Judge

3

 
 Case 0:01-cv-07543-PAS Document 118 Entered on FLSD Docket 07/28/2003 Page 1 of 10
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 01-7543-CIV-SEITZ/BANDSTRA UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and MARITZA OSORIO, Plaintiff/Intervenor,
V.
MORTGAGE INFORMATION SERVICES, INC., Defendant.
----------------------------------~/
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
THIS MATTER is before the Court on Defendant Mortgage Information Services, Inc.'s ("MIS") Motion for Summary Judgment [DE-72]. This is an action for sexual harassment and retaliation that the United States Equal Employment Opportunity Commission ("EEOC") has brought on behalf of Plaintiff/Intervenor Maritza Osorio ("Osorio") and other similarly situated female employees who worked at MIS. Defendant MIS maintains that it is entitled to summary judgment because the EEOC and Osorio have not established sufficient facts to create a genuine issue for trial on their sexual harassment and retaliation claims. Having considered Defendant's motion, the EEOC's and Osorio's responses in opposition, Defendant's reply thereto, and the record in this action, the Court will deny Defendant's motion as to Osorio's sexual harassment and retaliation claims, and grant Defendant's motion as to the EEOC's sexual harassment and retaliation claims brought on behalf of other female employees, including Christine
Page 1 of 10

Case 0:01-cv-07543-PAS Document 118 Entered on FLSD Docket 07/28/2003 Page 2 of 10
Gordon ("Gordon"), Paula Chin ("Chin"), and Tamberly Juda ("Juda"). 1 Factual and Procedural Back2round
A. MIS Operating and Management Structure Defendant MIS is a mortgage service provider that has provided title insurance, title searches, and
real estate appraisals to customers in South Florida since 1990. Joseph Gilson ("Gilson") is a co-founder and president ofMIS, and is responsible for supervising MIS 's Miramar office. Frank Nowicki ("Nowicki") serves as the company's vice-president and is responsible for assisting president Gilson in supervising and managing the business.
One of the departments within the MIS Miramar office is the appraisal department, which consists of appraisal coordinators and a chief appraiser. John Robinson ("Robinson"), who began his employment at MIS on April 1, 1999, served as chief appraiser for the time period at issue in this lawsuit. Robinson reported to vice-president Nowicki, and directly supervised appraisal coordinators including Osorio and Juda. Two other female employees at issue in this suit, Gordon and Chin, worked in customer service and data entry. Gordon and Chin did not work in the appraisal department and did not report to Robinson. Their complaints center solely on president Gilson. B. Osorio's Complaints About Robinson in the Appraisal Department
Osorio, the Plaintiff/Intervenor in this action, began working as an appraisal coordinator on January 4, 1999, approximately three months prior to Robinson becoming her supervisor. Osorio claims that after Robinson began work as chief appraiser, the atmosphere in the appraisal department changed. In particular,
1 As a preliminary matter, on July 8, 2003, the EEOC informed the Court that it has agreed to withdraw its claims on behalf of Juda, Kristina Brown ("Brown"), and Carlie Gilles ("Gilles"). See EEOC's July 8, 2003 Notice. However, because the EEOC withdrew its claims on behalf of Juda after MIS moved for summary judgment, the Court will grant Defendant's motion for summary judgment as to Juda. Because MIS was previously aware of the EEOC's decision to withdraw its claims on behalf of Brown and Gilles, MIS 's motion did not address Brown and Gilles. Additionally, the Court notes that other than pursuing its claims on behalf of Osorio, Gordon, and Chin, the EEOC has not indicated that it wishes to pursue claims on behalf of any other female employees. Thus, the only claims presently before the Court are those brought by the EEOC on behalf of Osorio, Gordon, and Chin.
Page 2 of 10

Case 0:01-cv-07543-PAS Document 118 Entered on FLSD Docket 07/28/2003 Page 3 of 10
Osorio claims that Robinson constantly made sexual jokes in front of the appraisal department employees and made offensive remarks to female subordinates. (Osorio Dep. at 160-88). As examples of the many sexual jokes and comments, Osorio testified that Robinson referred to employee Karen Yee as a ''slippery little Chinese girl, KY jelly;" said that "Chinese girls like it slippery" and "like to be spanked in the ass;" referred to a fellow employee's breasts as "those big balloons" that he would "like to pop;" and stated that he had "a big banana." (Osorio Dep. at 180-88).
In addition, Osorio claims that Robinson continuously touched her and other females in the workplace. (Osorio Dep. at 215-19). Specifically, Osorio alleges that Robinson would rub and caress her arms, hands, shoulders, legs, thighs, hair, and buttocks, and would place his face on her neck, sniffher hair, and tell her that he loved her perfume. (Osorio Dep. at 215-33). MIS admits that Robinson's "supervisory style was different from that of his predecessors," and that he would "tell jokes on occasion to relieve the stress of the job." (Def.'s Mot. for S.J. at 4). MIS also concedes that "[w]hile talking to employees [Robinson] would sometime put his hands on their hands, arms or shoulders." (Def. 's Mot. at 4).
Osorio alleges that she complained to Robinson about his offensive jokes and touching, and also complained to Robinson's supervisor, vice president Nowicki, at least three times during the course of her employment. (Osorio Dep. at 191-93; 235; 251). Osorio contends that the complaints to Robinson and Nowicki did nothing to resolve the problem. MIS terminated Osorio's employment in August of 2000. C. Gordon's Complaints About Gilson
Gordon began work at MIS in March of2000 in customer service and data entry. Gordon's primary claim is that MIS president Gilson would stare at her body every time she went into his office, approximately three times per week, and make comments like "nice blouse" or "you look nice today." (Gordon Dep. at 4649). Gordon also testified that on just one occasion, Gilson called her on the phone to say that she has a "nice smile." (Gordon. Dep. at 43, 48). Gordon admits that Gilson never made any sexually explicit remarks to her, and never commented on her legs, breasts, genitals, or bottom. (Gordon Dep. at 52-53). While
Page 3 of 10

Case 0:01-cv-07543-PAS Document 118 Entered on FLSD Docket 07/28/2003 Page 4 of 10
Gilson's stares made Gordon uncomfortable, Gordon claims that after she gave a statement to the EEOC in June or July of2001, Gilson's uncomfortable stares completely stopped. (Gordon Dep. at 43-49). Gordon quit in January of 2002 without any advance notice, and testified that her decision to leave had nothing to do with any harassment by Gilson. (Gordon Dep. at 72). D. Chin's Complaints About Gilson
Chin began working at MIS on March 9, 1998 in customer service and data entry, and served as an administrative assistant to Gilson for approximately three to four months beginning in May or June of 1998. Chin claims that Gilson often stared at her body, particularly around her bottom and genital areas, which made her feel uncomfortable. (Chin Dep. at 75). Chin testified that on one occasion, Gilson "looked down at [her] vagina area, then he looked up and he said, 'Wow."' (Chin Dep. at 78). Chin also alleges that one time when they passed each other in the staircase, Gilson "stuck his hand out and touched [her] thigh." (Chin Dep. at 104). This was the only time Chin alleges that Gilson touched her. (Chin Dep. at 106).
Chin also claims that Gilson called her four to five times a day, placed cookies with a note in her desk, asked her out to lunch once, gave her his cell phone number, and blew kisses to her over the telephone. (Chin Dep. at 87, 92, 113-14). Chin did note that Gilson never asked her for sexual favors, never threatened her with job loss or reduction in pay, or any other adverse employment action. (Chin Dep. at 84). Chin reported Gilson's behavior to her direct supervisor, Cindy Majack, who offered to speak to Gilson about the problem. (Chin Dep. at 104-05). Chin voluntarily resigned from MIS, not because of Gilson's harassment, but because she feared losing her job after speaking with an EEOC investigator. (Chin Dep. at 115-16).
Discussion A. Standard of Review
Summaryjudgment is appropriate only when "the pleadings ... show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 ( 1986). Once the moving party demonstrates the absence ofa genuine
Page 4 of 10

Case 0:01-cv-07543-PAS Document 118 Entered on FLSD Docket 07/28/2003 Page 5 of 10
issue of material fact, the non-moving party must "come f01ward with 'specific facts showing that there is a genuine issue for trial."' Matsushita Elec. Indus. Co. v. Zenith Radio Com., 475 U.S. 574, 587 (1986) (quoting Fed. R. Civ. P. 56(e)). Accepting this evidence as truthful, the Court must view the record and all factual inferences therefrom in the light most favorable to the non-moving party and decide whether"'the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law."' Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir. 1997) (quoting Anderson, 477 U.S. at 251-52). B. Sexual Harassment
To establish a prima facie case of sexual harassment under Title VII and the Florida Civil Rights Act, 2 the plaintiff must show that: ( 1) she belongs to a protected group; (2) she has been subject to unwelcome sexual harassment, such as sexual advances, requests for sexual favors, and other conduct of a sexual nature; (3) the harassment was based on her sex; (4) the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment; and (5) there is a basis for holding the employer liable. Johnson v. Booker T. Washington Broadcasting Serv., Inc., 234 F.3d 501, 508 (11th Cir. 2000).
A plaintiff satisfies the "severe and pervasive" prong only if she shows that the harassment "is both subjectively and objectively severe and pervasive." Johnson, 234 F.3d at 509 (citing Mendoza v. Borden, Inc., 195 F.3d 1238, 1246 (11th Cir. 1999)). Subjectively severe and pervasive harassment exists where the complaining employee perceives the harassment as severe and pervasive. Johnson, 234 F.3d at 509. Objectively severe and pervasive harassment exists "if a reasonable person in the plaintiff's position would adjudge the harassment severe and pervasive." Id. In determining whether the harassment is objectively severe and pervasive, a court must consider: ( l) the frequency ofthe conduct; (2) the severity ofthe conduct;
2 The Court analyzes Florida Civil Rights Act claims in the same manner as Title VII claims. Hamer v. BlockbusterEntm'tCom., 139F.3d 1385, 1387{111hCir.l998).
Page 5 of 10

Case 0:01-cv-07543-PAS Document 118 Entered on FLSD Docket 07/28/2003 Page 6 of 10

(3) whether the conduct is physically threatening or humiliating, or a mere offensive utterance; and (4)

whether the conduct unreasonably interferes with the employee's job performance. Id.

1.

Osorio

Viewing all of the evidence in the light most favorable to Osorio, there is a genuine issue offact for

the jury as to whether Osorio is entitled to relief on her claim for sexual harassment against MIS. It is

undisputed that Osorio belongs to a protected group. As to the questions of whether Osorio was subject to

unwelcome sexual harassment that was based on her sex and was sufficiently severe or pervasive, Osorio

has set forth sufficient evidence to create a genuine issue of fact for the jury. Specifically, Osorio has shown

that from the spring of 1999 to the summer of 2000, Robinson constantly made sexual jokes and comments

to female subordinates including Osorio, and that he constantly touched, rubbed, and caressed Osorio's arms,

hands, shoulders, legs, thighs, hair, and buttocks. There is no doubt that Osorio subjectively perceived

Robinson's actions as harassing. Additionally, in evaluating the four objective factors, Osorio has sufficiently

demonstrated that: (I) Robinson's alleged conduct occurred frequently over the course ofmore than one year;

(2) Robinson's conduct was severe to the extent that he constantly touched, rubbed, and caressed Osorio's

various body parts and made sexually explicit comments; (3) Robinson's conduct was physically humiliating

to Osorio; and (4) Robinson's conduct unreasonably interfered with Osorio's job performance. Thus, the

Court will deny MIS's motion for summary judgment on Osorio's sexual harassment claim.3

3 As to the fifth element necessary to prevail on a sexual harassment claim (i.e. employer liability), MIS contends that it is entitled to summary judgment because it has established an affirmative defense to liability. Where a plaintiff has established a claim for sexual harassment, the defendant-employer is entitled to assert the Faragher!Ellerth affirmative defense. Faragher v. Citrv of Boca Raton, 524 U.S. 775 (1998); Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 ( 1998). To prevail on the Faragher!El/erth affirmative defense, the defendant-employer must establish: "( 1) that the employer exercised reasonable care to prevent and promptly correct harassing behavior; and (2) that the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer, or to otherwise avoid harm." Frederick v. SprinUUnited Management Co., 246 F.3d 1305, 1313 (11th Cir. 2001) (quoting Faragher, 524 U.S. at 807; Ellerth, 524 U.S. at 765). Here, Osorio claims that notwithstanding her complaints to Robinson about his offensive comments and touching, and her complaints lu vi(;e-president Nowicki on at !east three occasions, Robinson's hehavior continued. Viewing the evidence in the light most favorable to Osorio, there is a genuine issue of fact for the jury as to whether Defendant MIS can prevail on its Faragher!Ellerth affirmative defense.
Page 6 of 10

Case 0:01-cv-07543-PAS Document 118 Entered on FLSD Docket 07/28/2003 Page 7 of 10
2. Gordon and Chin Although there is a genuine issue for trial on Osorio's sexual harassment claim, viewing the evidence presented by Gordon and Chin in the light most favorable to them, the Court finds that they have not demonstrated that Gilson's actions were sufficiently severe or pervasive to create a question of fact for the jury. Although Gordon and Chin subjectively perceived Gilson's behavior as harassing, they have not set forth sufficient evidence showing that Gilson's acts were objectively severe or pervasive. In Gupta v. Florida Bd. of Regents, the Eleventh Circuit cautioned that Title VII is "not a general civility code" and innocuous statements or conduct do not rise to the level ofconstituting sexual harassment. 212 F.3d 571, 583 (1 ph Cir. 2000). Specifically, the Eleventh Circuit noted that "[a) man can compliment a woman's looks...on one or several occasions, by telling her that she is looking 'very beautiful,' or words to that effect, without fear of being found guilty of sexual harassment for having done so." Id. at 584. The Eleventh Circuit also emphasized that Title VII does not mandate that "an employer be required under pain of legal sanctions to ensure that supervisors never look or stare at a subordinate whom they are supervising in such a way that she might think they are 'coming on' to her." Id. at 585. Additionally, Title VII does not "mandate that an employer be required to ensure that supervisors never touch employees on the hand or finger or ask them to lunch." Id. Here, Gordon's allegations that Gilson frequently stared at her, made comments like "nice blouse" or "you look nice today," and called her once to tell her that she has a "nice smile," do not rise to the level of severe and pervasive sexual harassment. Gordon has not alleged that Gilson ever touched her in an offensive manner or that he ever made sexually explicit remarks to her. Thus, the Court will grant MIS's motion for summary judgment as to claims brought on behalf of Gordon.4 As to Chin, the Court likewise finds that she has not sufficiently demonstrated that Gilson's actions
4 As there is no indil:aliuu that the EEOC wishes to pursue a claim for retaliation as to Gordon, and Gordon testified that her abrupt decision to leave MIS in January of 2002 had nothing to do with Gilson, the Court will not entertain any retaliation claim related to Gordon.
Page 7 of 10

Case 0:01-cv-07543-PAS Document 118 Entered on FLSD Docket 07/28/2003 Page 8 of 10
were sufficiently severe or pervasive to create a question of fact for the jury on a sexual harassment claim. Chin's claims that Gilson would frequently stare at her body, that he once looked at her vagina area and said "wow," and that he once touched her thigh while passing her in the staircase, do not rise to the level of constituting objectively severe and pervasive sexual harassment. Additionally, Chin's claims that Gilson frequently called her, placed cookies on her desk, asked her out to lunch once, gave her his cell phone number, and blew kisses over the phone do not constitute severe and pervasive sexual harassment. Although Gilson's conduct may have been flirtatious, boorish, and extremely annoying, as the Eleventh Circuit cautioned, "to punish mere bothersome and uncomfortable conduct. ..would trivialize true instances of sexual harassment." Gupta, 212 F.3d at 586 (internal quotations omitted). Thus, the Court will grant MIS' s motion for summary judgment as to claims brought on behalf of Chin.5 C. Retaliation
In order to establish a prima facie case of retaliation under Title VII, a plaintiff must show that: (1) she participated in an activity protected by Title Vll; (2) she suffered an adverse employment action; and (3) there is a causal connection between the participation in the protected activity and the adverse employment decision. Gupta, 212 F.3d at 587. Once a plaintiffestablishes a primafacie case ofretaliation, the defendant has the burden of demonstrating legitimate reasons for the adverse employment action. See Hairston v. Gainesville Sun Publishing Co., 9 F.3d 913,919 (11th Cir. 1993).
Here, it is undisputed that Osorio's complaints to Robinson and Nowicki up to February 2000 constitute protected activity. Although MIS denies that it discharged Osorio, MIS's primary argument against her retaliation claim is that Osorio has failed to demonstrate a causal connection between her complaints of harassment and her termination. Specifically, MIS contends that because six months passed
5 Like Gordon, there is no indication that the EEOC wishes to pursue a claim for retaliation as to Chin. Additionally, Chin testified that she voluntarily resigned from MIS not because of Gilson's behavior, but because she feared losing her job aflt:r speaking with the EEOC. She did not elaborate on the basis for this conclusion. As Chin has failed to set forth sufficient allegations to state a claim for retaliation, the Court will not entertain any retaliation claim related to Chin.
Page 8 of 10

Case 0:01-cv-07543-PAS Document 118 Entered on FLSD Docket 07/28/2003 Page 9 of 10
between the last time Osorio complained of harassment and August of 2000 when her employment ended, she has not demonstrated a causal link.
The Eleventh Circuit has construed the "causal link" element ofa retaliation claim "to require merely that the plaintiff establish that the protected activity and the adverse action were not wholly unrelated." Hairston, 9 F.3d at 920 (reversing district court and finding a genuine issue of fact on plaintiffs retaliation claim, even where ten (10) months elapsed between plaintiffs filing of EEOC complaint and being suspended). Viewing all of the evidence in the light most favorable to Osorio, the Court finds that there is a genuine issue of fact for the jury as to whether there is a causal connection between Osorio's complaints to Robinson and Nowicki, and her termination in August of2000. Additionally, because MIS has not even attempted to set forth legitimate reasons for terminating Osorio, the Court will deny MIS's motion for summary judgment as to Osorio's retaliation claim.
Conclusion Based upon the foregoing reasons, it is hereby ORDERED that: (1) Defendant MIS 's Motion for Summary Judgment [DE-72] is GRANTED IN PART and DENIED IN PART; (2) Defendant is entitled to summary judgment as to all claims brought by the EEOC on behalf of Gordon, Chin, Juda and any other female employees that the EEOC has declined to pursue relief for in this lawsuit; (3) This action will proceed to trial solely on Plaintiff/Intervenor Osorio's claims for sexual harassment and retaliation; and (4) In light of the fact that the sole remaining claims in this action are Osorio's claims for sexual harassment and retaliation, the Court encourages the parties to continue to explore the possibility ofamicably
Page 9 of 10

Case 0:01-cv-07543-PAS Document 118 Entered on FLSD Docket 07/28/2003 Page 10 of 10

resolving this matter so as to minimize any further unnecessary litigation expenses.

,2~-::;of DONE and ORDERED in Miami, Florida, this

July, 2003.

cc:
Magistrate Judge Ted E. Bandstra
Michael J. Farrell, Esq. Maria Teresa Rodriguez, Esq. Rachel H. Shonfield, Esq. Cheryl A. Cooper, Esq. Counselfor PlaintiffEEOC U.S. Equal Employment Opportunity Commission One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 fax 305-536-4494
Lee Friedland, Esq. Counsel for Plaintiff/Intervenor Osorio Downs and Associates 255 University Drive Coral Gables, FL 33134 fax 305-444-6773
Michael G. Whelan, Esq. Stanley Kiszkiel, Esq. Counsel for Defendant MIS Whelan, DeMaio & Kiszkiel, P.A. 1401 Brickell Ave., Suite 500 Miami, FL 33131 fax 305-374-0456
Steven S. Kaufman, Esq. Nancy M. Barnes, Esq. Counselfor Defendant MIS Thompson Hine 127 Public Square Suite 3900 Key Center Cleveland, OH 44114-1216 fax 216-566-5800
Page 10 of 10

 
 Case 0:01-cv-07543-PAS Document 159 Entered on FLSD Docket 09/26/2003 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 0 1-7543-CIV-SEITZ/MAGISTRATE BANDSTRA UNITED STATES E.E.O.C., Plaintiff, and MARITZA OSORIO, Plaintiff/Intervenor
V.
MORTGAGE INFORMATION SERVICES, INC.,
Defendant.
______________________!
JUDGMENT ON JURY VERDICT This action came on for trial before the Court and a jury, Honorable Jose A. Gonzalez, Jr., District Judge, presiding, and the issues having been duly tried and the jury having duly rendered its verdict, It is Ordered and Adjudged that the Plaintiff and Plaintiff/Intervenor take nothing, that the action be dismissed on the merits, and that the Defendant recover of the Plaintiff and Plaintiff/Intervenor its costs of this action. The Court shall retain jurisdiction for purposes of assessing costs and attorneys fees, if any.
/)~'TtJ
Done and Ordered in Chambers thi~_ day of September, 2003
seA. Gonzalez, Jr. nited States District Judge

Case 0:01-cv-07543-PAS Document 159 Entered on FLSD Docket 09/26/2003 Page 2 of 2
Copies to: Michael Farrell, Esquire Lee Friedland, Esquire Michael Whelan, Esquire

 
 Case 0:01-cv-07543-PAS
Thomas K. Kahn Clerk

Document 187 Entered on FLSD Docket 03/0FA5IPL/P2EE0DA0LbS4y PageD1.Co. f 2

United States Court of Appeals
Eleventh Circuit

MAR 0 5 2004

56 Forsyth Street, N.W. Atlanta, Georgia 30303

ClARENCE MADDOlC CllRK U.S. DIST. CT. S.D. OF FLA. • MIAMI

In Replymg G1ve Number

Of Case And Names of Parties

March 02, 2004

Clarence Maddox Clerk, U.S. District Court 301 N. Miami Avenue Miami FL 33128

RE: 03-16079-HH EEOC v. Mortgage Information Services
DC DKT NO.: 01-07543 CV-Jffl' PAS

The enclosed certified copy of this Court's Order of Dismissal is issued as the mandate of this court. Counsel and prose parties are advised that pursuant to 11th Cir. R. 27-2, "a motion to reconsider, vacate, or modify an order must be filed within 21 days of the entry of such order. No additional time shall be allowed for mailing."
The district court clerk is requested to acknowledge receipt on the copy of this letter enclosed to the clerk.

Sincerely, THOMAS K. KAHN, Clerk Reply To: Joe Caruso (404) 335-6177

Encl.

Case 0:01-cv-07543-PAS Document 187 Entered on FLSD Docket 03/05/2004 Page 2 of 2

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CI~- f!I..ED -~~·~.-~~~~l

i

U.S. COURT OF APPEALS

J

No.

~ 03-16079- H

ELEVENTH CIRCUIT

~
~

i~Pl1 ~\-11.i:"\."L\"1'l\

f~.,;'

\

)
......

t.tJ.U

j

-------------------+----

'l~
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

THOMAS K. !\Afiri

Pla1. n~1CfL::f-R--!\Appellant,

versus

MORTGAGE INFORMATION SERVICES, INC.,

Defendant-Appellee.

On Appeal from the United States District Court for the Southern District of Florida
BEFORE: CARNES and HULL, Circuit Judges. BY THE COURT:
Appellant's motion to dismiss this appeal with prejudice, with the parties to bear their own costs is GRANTED.

ATRUE COPY - ATTfSTED:
CLER« U.S. COURT OF APPEALS ELEVENTH CIRCUIT
BY/·} ~/~~ -
~/ DEPUlY CLERK / mMTA, IEORIIA

 
 Case 0:01-cv-07543-PAS Document 202 Entered on FLSD Docket 01/14/2005 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION CASE NO: 01-7543-CIV-SEITZ/MAGISTRATE BANDSTRA
Motion Referred to Judge Jose A. Gonzalez, Jr.

!)JJ__ .....:::c uy

oY.!

JAN 1 3 2005
CL.ARENCE MADDOll CLERK U.S. DIST. CT. S.D. OF FLA. FT. LAUD.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and

MARITZA OSORIO, Plaintiff/Intervenor
v.

MORTGAGE INFORMATION SERVICES, INC.,
Defendant. I

ENTRY OF JUDGMENT AGAINST MARITZA OSORIO AND EEOC This matter is before the Court on Mortgage Information Services, Inc.'s Request for Entry of Judgment. Upon consideration of the matter, it is hereby ORDERED that the

Request is GRANTED. IT IS ADJUDGED that the Defendant Mortgage Information Services, Inc
recover from Plaintiff Maritza Osorio and Plaintiff Equal Employment Opportunity Commission the sum of$23, 479.61, which shall bear interest at the statutory rate, FOR WHICH LET EXECUTION ISSUE FORTHWITH.
3 DONE AND ORDERED this/ 7]tday of --11-----Tt---

Copies to: Counsel of Record

Jose A. Gonzalez, Jr. United States District Judge

 
 Case 0:01-cv-07543-PAS Document 203 Entered on FLSD Docket 03/14/2005 Page 1 of 7

Thomas K. Kahn Clerk

United States Court of Appeals
Eleventh Circuit
56 Forsyth Street. N. \V.
Atlanta, Georgia 30303

January 18, 2005

Clarence Maddox Clerk, U.S. District Court 301 N. Miami Avenue Miami FL 33128

Appeal Number: 04-13314-HH Case Style: EEOC v. Mortgage Information S9"V'ices, Inc.
District Court Number 01-07543 CV-PAS V

For rules and forms visit 'W'\vv.:.call.uscourts.gov
JAN 3 1 2005
ClARENCE MADDOX ClERK U.S. OIST· CT S.D. OF FlA.. MIAMI.

The enclosed certified copy of the judgment and a copy of this court's opinion are hereby issued as the mandate of this court.
The district court clerk is requested to acknowledge receipt on the copy of this letter enclosed to the clerk.
A copy of this letter, and the judgment form if noted above, but not a copy of the court's decision, is also being mailed to counsel and pro se parties. A copy of the court's decision was previously mailed to counsel and prose parties on the date it was issued.

Sincerely, THOMAS K. KAHN, Clerk Reply To: James 0. Delaney (404) 335-6113

Encl.

MDT-I (03-2004)

Case 0:01-cv-07543-PAS Document 203 Entered on FLSD Docket 03/14/2005 Page 2 of 7

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

r-------------~

FOR THE ELEVENTH CIRCU T

FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 04-11460 Non-Argument Calendar

November 24, 2004
THOMAS K. KAHN CLERK

D. C. Docket No. 01-07543-CV-PAS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

MARITZA OSORIO,

Plaintiff-Appellee,

versus MORTGAGE INFORMATION SERVICES, INC.,

Plaintiff-IntervenorAppellee,

No. 04-13314 Non-Argument Calendar
D.C. Docket No. 01-07543-CV-PAS

Case 0:01-cv-07543-PAS Document 203 Entered on FLSD Docket 03/14/2005 Page 3 of 7

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee,

versus
MORTGAGE INFORMATION SERVICES, INC.,

Defendant-Appellant.

Appeals
for

from the United States District Court the Southern District of Florida

JUDGMENT

includeItdishehreerienbbyyorredfeerreedn,caed, jiusdegnetde,readndasdtehcerejueddgtmhaetntthefoartttahcisheCdouorpti.nion

JAN 1 8 2005

Entered: For the Court:
By:

November 24, 2004 Thomas K. Kahn, Clerk Gilman, Nancy

2

Case 0:01-cv-07543-PAS Document 203 Entered on FLSD Docket 03/14/2005 Page 4 of 7

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCU T

FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 04-11460 Non-Argument Calendar

November 24, 2004
THOMAS K.KAHN CLERK

D. C. Docket No. 01-07543-CV-PAS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

MARITZA OSORIO,

Plaintiff-Appellee,

versus MORTGAGE INFORMATION SERVICES, INC.,

Plaintiff-IntervenorAppellee,
Defendant-Appellant.

No. 04-13314 Non-Argument Calendar
D.C. Docket No. 01-07543-CV-PAS

Case 0:01-cv-07543-PAS Document 203 Entered on FLSD Docket 03/14/2005 Page 5 of 7
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee,
versus MORTGAGE INFORMATION SERVICES, INC.,
Defendant-Appellant.
Appeals from the United States District Court for the Southern District of Florida
(November 24, 2004) Before HULL, WILSON and FAY, Circuit Judges. PER CURIAM:
In this appeal Mortgage Information Services, Inc. argues that the district court abused its discretion in failing to award it attorneys' fees and its full costs even though it was the prevailing party. A review ofthe record convinces us that there was no abuse of discretion in the denial of attorneys' fees for the reasons set forth in the ORDER entered by the district court on February 24, 2004. On the question of costs, it appears that the appellant sought a total of$3,441.99 in witness fees for depositions and attendance at trial. The major part of that amount is $2,250.00 attributable to an expert witness, Dr. Oren Wunderman, for time spent in preparation ofhis deposition. The appellee, Equal Employment Opportunity Commission, concedes that these costs are proper.
2

Case 0:01-cv-07543-PAS Document 203 Entered on FLSD Docket 03/14/2005 Page 6 of 7
The rulings of the district court are affirmed and modified to the extent of increasing the costs awarded to the appellant by $3,441.99.
AFFIRMED.
3

Case 0:01-cv-07543-PAS Document 203 Entered on FLSD Docket 03/14/2005 Page 7 of 7
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT BILL OF COSTS

burt Fed.R.App.P. 39 and J Jth Cir. R. 39-J (see reverse) govern costs which are taxable in this

and the time tor

· .Mr....- A

motion for leave to file out of time is required for a Bill ofCosts not timely received.

US COURr·fli:IJ

· · TOF APPFALS

INSTRUCTIONS

ELEVENTH CIRCUIT

In the grid below, multiply the number of original pages of each document by the total m nber of d~ents reproduced to ca~ate the total

number of copies reproduced. Multiply this number by the cost per copy ( $.1 S per copy or "Jn-Hous ", 'f}e:'{i.l5p f.RPX forP,mmercial

reproduction, supported by receipts) showing the product as costs requested.

1.; U 0 I.LIU4

DOCUMENT

Repro. Method (Mark One)
In-House Comm*

No. or OriglaaJ
Pages

TotaJNo. Doauneots Reproduced

fotaJ
No. of
Jcoples

1

TJ.UUur- u

"ct. USE ON1 y

.. ·~. KM ~ COSTS

REQT _...,....

ALLOWE1

Appellant's Brief

Record Excerpts
L
Appellee's Brief Reply Brief

$81 '00

*Note: Jf reproduction was done commercially, receipt(s) must be attached.

TOTAL

s 9/J, ov
REQUESTED

$ $81.00 AllOWED

I hereby swear or affirm that the costs claimed were actually and necessarily incurred or performed in this appeal and that I have served this Bill

of Costs on counsel/parties of record. .

J J tJ Date Signed:
Attomeyfor:

~0:/·IX~r 5iX~_1,0~~~0~~~~~~~~~~~--~~~~~~~_.~~~~~~~~~~+

JAN 1 S 2005
Issued on: - - - - - - - - - - - - -

Thomas K. Kahn, Clerk ; ; }

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MISC-12
(Rev. 12198)

 
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APPEAL, CLOSED
U.S. District Court Southern District of Florida (Ft. Lauderdale) CIVIL DOCKET FOR CASE #: 0:01-cv-07543-PAS

Equal Employment v. Mortgage Information Assigned to: Judge Patricia A. Seitz Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 09/28/2001 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
Heui Young Choi Clarke Silverglate Williams & Montgomery 799 Brickell Plaza 9th Floor Miami, FL 33131 305-347-3123 Fax: 377-7001 TERMINATED: 04/14/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John C. Weaver Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6458 Fax: 536-4494 TERMINATED: 03/21/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant
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Maria Teresa Rodriguez Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6010 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Farrell Jill S. Schwartz & Associates, P.A. 180 North Park Avenue Suite 200 Winter Park, FL 32789 407-647-8911 Fax: 407-628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Pamela Pride-Chavies Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1853 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachel H. Shonfield Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Mortgage Information Services, Inc.
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represented by Kelly Suzanne Hughes Ogletree Deakins Nash Smoak & Stewart PC 701 Brickell Avenue Suite 2020 Miami, FL 33131 305-374-0506 Fax: 374-0456 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael George Whelan Ogletree Deakins Nash Smoak & Stewart PC 701 Brickell Avenue Suite 2020 Miami, FL 33131 305-374-0506 Fax: 374-0456 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancy M. Barnes Thompson Hine 127 Public Square Suite 3900 Key Center Cleveland, OH 44114-1216 216-566-5500 Fax: 566-5800 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stanley Kiszkiel 9000 Sheridan Street Suite 100, PMB 11 Pembroke Pines, FL 33024 954-862-2288 Fax: 517-1848 Email: sklaw@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven S. Kaufman Thompson Hine 127 Public Square Suite 3900 Key Center Cleveland, OH 44114-1216 216-566-5500 Fax: 566-5800
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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/2001 09/28/2001 10/15/2001
11/15/2001 12/14/2001
12/20/2001 12/20/2001 12/28/2001
01/14/2002 01/14/2002 01/14/2002 01/15/2002
02/19/2002 03/21/2002

#

Docket Text

1 COMPLAINT filed; FILING FEE waived ; A-7; Magistrate Judge Barry L. Garber (Former Deputy Clerk) (Entered: 10/01/2001)
2 SUMMONS(ES) issued for Mortgage Information Services, Inc. (Former Deputy Clerk) (Entered: 10/01/2001)
3 ORDER requiring counsel to meet and file joint scheduling report and proposed order (Signed by Judge Patricia A. Seitz on 10/15/01) [EOD Date: 10/16/01] (dg, Deputy Clerk) (Entered: 10/16/2001)
4 MOTION to intervene by Maritza Osorio (dg, Deputy Clerk) (Entered: 11/16/2001)
5 ORDER granting [4-1] motion to intervene by Maritza Osorio ( Signed by Judge Patricia A. Seitz on 12/13/01) [EOD Date: 12/17/01] (tb, Deputy Clerk) (Entered: 12/17/2001)
6 NOTICE of attorney appearance for Mortgage Information by Michael George Whelan (tb, Deputy Clerk) (Entered: 12/21/2001)
7 MOTION by Mortgage Information to extend time to answer complaint (tb, Deputy Clerk) (Entered: 12/21/2001)
8 ORDER granting in part, denying in part [7-1] motion to extend time to answer complaint reset answer due for 1/15/02 for Mortgage Information ( Signed by Judge Patricia A. Seitz on 12/28/01) [EOD Date: 12/31/01] (Former Deputy Clerk) (Entered: 12/31/2001)
9 AGREED MOTION by Mortgage Information to extend time to file Joint Scheduling Report (wc, Deputy Clerk) (Entered: 01/15/2002)
10 Answer and defenses by Mortgage Information (wc, Deputy Clerk) (Entered: 01/15/2002)
11 ANSWER and DEFENSES by Mortgage Information to Intervenor's Complaint (wc, Deputy Clerk) (Entered: 01/15/2002)
12 ORDER granting [9-1] motion to extend time to file Joint Scheduling Report reset Scheduling meeting report due for 2/19/02 ( Signed by Judge Patricia A. Seitz on 1/14/02) [EOD Date: 1/16/02] (wc, Deputy Clerk) (Entered: 01/16/2002)
13 Joint Scheduling Report of Scheduling Meeting by Equal Employment, Mortgage Information 2/19/02 (Former Deputy Clerk) (Entered: 02/20/2002)
14 NOTICE of Substitution/Reassignment of Attorney. Terminated attorney John C. Weaver for Equal Employment Added Pamela Pride-Chavies (dg, Deputy Clerk) (Entered: 03/22/2002)

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03/21/2002 03/21/2002 03/21/2002
03/21/2002
04/04/2002 04/04/2002 04/12/2002 05/28/2002 06/18/2002 07/16/2002 07/22/2002 07/31/2002
08/15/2002 08/16/2002

15 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Patricia A. Seitz on 3/21/02) [EOD Date: 3/22/02] (dg, Deputy Clerk) (Entered: 03/22/2002)
16 ORDER Providing Parties With Instructions For Jury Trial (Signed by Judge Patricia A. Seitz on 3/21/02) [EOD Date: 3/22/02] (dg, Deputy Clerk) (Entered: 03/22/2002)
17 SCHEDULING ORDER setting Deadline for filing of all motions by 1/17/03 Jury trial set for 10:00 6/16/03 Pretrial Stipulation due on or before 5/2/03 Calendar call set for 1:15 6/11/03 Discovery cutoff 2/7/03 ; Pretrial conference for 9:00 5/19/03 ; ( Signed by Judge Patricia A. Seitz on 3/21/02) [EOD Date: 3/22/02] CCAP (dg, Deputy Clerk) (Entered: 03/22/2002)
17 ORDER REFERRING all discovery and all motions for attorneys' fees and costs to Magistrate Judge Bandstra (Signed by Judge Patricia A. Seitz on 3/21/02) CCAP [EOD Date: 3/22/02] (dg, Deputy Clerk) Modified on 04/02/2002 (Entered: 03/22/2002)
18 Order reassigning case to Magistrate Judge Bandstra ( Signed by Magistrate Barry L. Garber on 4/1/02) [EOD Date: 4/5/02] (tb, Deputy Clerk) (Entered: 04/05/2002)
Magistrate identification: Magistrate Judge Ted E. Bandstra (tb, Deputy Clerk) (Entered: 04/05/2002)
19 NOTICE of selection of Karen Evans as Mediator by Equal Employment (dg, Deputy Clerk) (Entered: 04/15/2002)
20 MOTION by Mortgage Information to extend time to respond to plaintiff's discovery requests (dg, Deputy Clerk) (Entered: 05/29/2002)
21 NOTICE of Unavailability by Equal Employment for dates of: 8/5/02 thru 8/10/02 (dg, Deputy Clerk) (Entered: 06/19/2002)
22 ORDER granting [20-1] motion to extend time to respond to plaintiff's discovery requests until 6/11/02 (Signed by Magistrate Ted E. Bandstra on 7/15/02) [EOD Date: 7/17/02] (dg, Deputy Clerk) (Entered: 07/17/2002)
23 MOTION by Mortgage Information to compel plaintiff's better responses to defendant's first set of interrogatories nos.11 and 14 , and for production of documents (tb, Deputy Clerk) (Entered: 07/23/2002)
24 MOTION with memorandum in support by Mortgage Information to compel EEOC's better responses to first set of interrogatories nos. 1-3, 8, 9, 12 & 13 , to strike the general objections to first set of interrogatories and request for production , and to compel EEOC to produce a privilege log or produce the documents requested in request for production of documents nos 2 & 3 (dg, Deputy Clerk) (Entered: 08/01/2002)
25 Partial Withdrawal of Motion to Compel EEOC to Respond to Discovery by Mortgage Information (dg, Deputy Clerk) (Entered: 08/16/2002)
26 RESPONSE by Equal Employment to [24-1] motion to compel EEOC's better responses to first set of interrogatories nos. 1-3, 8, 9, 12 & 13 (dg, Deputy Clerk)

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08/27/2002 08/29/2002 09/05/2002 09/05/2002 09/05/2002 09/05/2002 09/10/2002
09/12/2002
09/20/2002 09/30/2002 11/18/2002 11/22/2002 12/12/2002

(Entered: 08/19/2002)
27 REPLY by Mortgage Information to response to [24-1] motion to compel EEOC's better responses to first set of interrogatories nos. 1-3, 8, 9, 12 & 13 (dg, Deputy Clerk) (Entered: 08/28/2002)
28 ORDER granting [20-1] motion to extend time to respond to plaintiff's discovery requests until 6/11/02 (Signed by Magistrate Ted E. Bandstra on 8/29/02) [EOD Date: 8/30/02] (dg, Deputy Clerk) (Entered: 08/30/2002)
29 MOTION by Mortgage Information for Steven S. Kaufman to appear pro hac vice (dg, Deputy Clerk) Modified on 09/09/2002 (Entered: 09/09/2002)
Filing Fee Paid; FILING FEE $ 75 RECEIPT # 868834 (dg, Deputy Clerk) (Entered: 09/09/2002)
30 MOTION by Mortgage Information for Nancy Barnes to appear pro hac vice (dg, Deputy Clerk) (Entered: 09/09/2002)
Filing Fee Paid; FILING FEE $ 75 RECEIPT # 868833 (dg, Deputy Clerk) (Entered: 09/09/2002)
31 ORDER granting [30-1] motion for Nancy Barnes to appear pro hac vice, granting [29-1] motion for Steven S. Kaufman to appear pro hac vice ( Signed by Judge Patricia A. Seitz on 9/10/02) [EOD Date: 9/11/02] (dg, Deputy Clerk) (Entered: 09/11/2002)
32 ORDER denying [24-1] motion to compel EEOC's better responses to first set of interrogatories nos. 1-3, 8, 9, 12 & 13, denying [24-2] motion to strike the general objections to first set of interrogatories and request for production, denying [24-3] motion to compel EEOC to produce a privilege log or produce the documents requested in request for production of documents nos 2 & 3, granting [23-1] motion to compel plaintiff's better responses to defendant's first set of interrogatories nos.11 and 14, granting [23-2] motion for production of documents ( Signed by Magistrate Ted E. Bandstra on 9/12/02) [EOD Date: 9/13/02] (dg, Deputy Clerk) (Entered: 09/13/2002)
33 MOTION with memorandum in support by Mortgage Information for clarification of a clerical error in [32-1] order (dg, Deputy Clerk) (Entered: 09/23/2002)
34 ORDER granting [33-1] motion for clarification of a clerical error in [32-1] order ( Signed by Magistrate Ted E. Bandstra on 9/25/02) [EOD Date: 10/1/02] (dg, Deputy Clerk) (Entered: 10/01/2002)
35 Fact Witness list by Mortgage Information (ct, Deputy Clerk) (Entered: 11/19/2002)
36 CROSS NOTICE of taking video deposition by Maritza Osorio (ct, Deputy Clerk) (Entered: 11/25/2002)
37 OMNIBUS MOTION by Mortgage Information for two protective orders to prohibit the presently scheduled 30(b)(6) deposition and deposition of John Robinson from proceeding as scheduled , and to extend time of the discovery period for the conduct of depositions until January 13, 2003 (ct, Deputy Clerk) (Entered: 12/13/2002)

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12/12/2002 12/13/2002 12/16/2002 12/16/2002
12/18/2002 12/30/2002
01/03/2003 01/06/2003 01/09/2003 01/22/2003 01/22/2003 01/27/2003 01/28/2003 01/31/2003

38 Certification of Stanley Kiszkiel by Mortgage Information (ct, Deputy Clerk) (Entered: 12/13/2002)
39 EMERGENCY MOTION by Maritza Osorio for protective order , and for clarification of discovery cut off (ct, Deputy Clerk) Modified on 12/16/2002 (Entered: 12/16/2002)
40 MOTION with memorandum of law by Equal Employment to extend time of discovery and other limited pretrial deadlines (ct, Deputy Clerk) (Entered: 12/17/2002)
41 ORDER granting [40-1] motion to extend time of discovery and other limited pretrial deadlines reset Jury trial for 10:00 7/28/03 before Judge Patricia A. Seitz , reset calendar call for 1:15 7/23/03 before Judge Patricia A. Seitz , reset pretrial conference for 9:00 6/26/03 before Judge Patricia A. Seitz . See Order for additional detials. ( Signed by Judge Patricia A. Seitz on 12/16/02) [EOD Date: 12/17/02] (ct, Deputy Clerk) (Entered: 12/17/2002)
42 ORDER denying as moot [40-1] motion to extend time of discovery and other limited pretrial deadlines ( Signed by Judge Patricia A. Seitz on 12/17/02) [EOD Date: 12/19/02] (ct, Deputy Clerk) (Entered: 12/19/2002)
43 ORDER denying as moot [37-1] motion for two protective orders to prohibit the presently scheduled 30(b)(6) deposition and deposition of John Robinson from proceeding as scheduled, denying as moot [37-2] motion to extend time of the discovery period for the conduct of depositions until January 13, 2003 ( Signed by Magistrate Ted E. Bandstra on 12/22/02) [EOD 12/31/02] (ct, Deputy Clerk) (Entered: 12/31/2002)
44 AMENDMENT by Mortgage Information to: [35-1] witness list (ct, Deputy Clerk) (Entered: 01/06/2003)
45 RESPONSE by Maritza Osorio to defendant's second request for production (not found on docket) (ct, Deputy Clerk) (Entered: 01/07/2003)
46 NOTICE by Maritza Osorio to take deposition of Craig Barton 1/29/03 at 2:00 (ct, Deputy Clerk) (Entered: 01/10/2003)
47 MOTION by Mortgage Information to compel the EEOC to provide better responses to discovery , and for fees and costs (ct, Deputy Clerk) (Entered: 01/23/2003)
48 Certification of Counsel by Mortgage Information (ct, Deputy Clerk) (Entered: 01/23/2003)
49 MOTION by Mortgage Information for protective order the production and exchange of properity, commercial and financial documents (ct, Deputy Clerk) (Entered: 01/28/2003)
50 RE-NOTICE by Maritza Osorio to take deposition of Trisha Shirley 1/28/03 at 2:00 (ct, Deputy Clerk) (Entered: 01/29/2003)
51 MOTION by Equal Employment to compel discovery (ct, Deputy Clerk) (Entered: 02/03/2003)

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01/31/2003 02/04/2003 02/04/2003
02/07/2003 02/10/2003 02/10/2003 02/11/2003 02/11/2003 02/11/2003 02/13/2003
02/21/2003 02/21/2003 02/24/2003 02/24/2003 02/24/2003

52 JOINT MOTION by Equal Employment, Mortgage Information, Maritza Osorio to extend time to complete expert discovery to until March 17, 2003 (ct, Deputy Clerk) (Entered: 02/03/2003)
53 NOTICE by Maritza Osorio to take deposition of John Cirincione 1/31/03 at 4:00 (ct, Deputy Clerk) (Entered: 02/05/2003)
54 ORDER granting [52-1] joint motion to extend time to complete expert discovery to until March 17, 2003 reset Jury trial for 10:00 9/8/03 before Judge Patricia A. Seitz , cal reset calendar call for 1:15 9/3/03 before Judge Patricia A. Seitz , and reset pretrial conference for 9:00 8/7/03 before Judge Patricia A. Seitz ( Signed by Judge Patricia A. Seitz on 2/3/03) [EOD Date: 2/5/03] (ct, Deputy Clerk) (Entered: 02/05/2003)
55 RESPONSE by Equal Employment to [49-1] motion for protective order the production and exchange of properity, commercial and financial documents (ct, Deputy Clerk) (Entered: 02/10/2003)
56 RESPONSE by Equal Employment to [49-1] motion for protective order the production and exchange of properity, commercial and financial documents (ct, Deputy Clerk) (Entered: 02/11/2003)
57 DECLARATION of Heui Young Choi, EEOC Counsel by Equal Employment Re: (ct, Deputy Clerk) (Entered: 02/11/2003)
58 MOTION by Mortgage Information to strike [51-1] motion to compel discovery (ct, Deputy Clerk) (Entered: 02/12/2003)
59 MEMORANDUM RESPONSE by Mortgage Information to [51-1] motion to compel discovery (ct, Deputy Clerk) (Entered: 02/12/2003)
60 MEMORANDUM by Mortgage Information in support of [58-1] motion to strike [51-1] motion to compel discovery (ct, Deputy Clerk) (Entered: 02/12/2003)
61 NOTICE of Submission of omitted page and exhibits relating to EEOC's response to defendant's motion to compel the EEOC to provide better answers to discovery and for fees and cost by Equal Employment (Former Deputy Clerk) (Entered: 02/14/2003)
62 RESPONSE by Equal Employment to [58-1] motion to strike [51-1] motion to compel discovery (ct, Deputy Clerk) (Entered: 02/24/2003)
62 REPLY by Equal Employment to response to [51-1] motion to compel discovery (ct, Deputy Clerk) (Entered: 02/24/2003)
63 NOTICE by Maritza Osorio to take deposition of Terilee Wunderman, PhD. 3/13/03 at 9:00 (ct, Deputy Clerk) (Entered: 02/25/2003)
64 REPLY by Mortgage Information to response to [49-1] motion for protective order the production and exchange of properity, commercial and financial documents (ct, Deputy Clerk) (Entered: 02/25/2003)
65 REPLY by Mortgage Information to response to [47-1] motion to compel the EEOC to provide better responses to discovery, [47-2] motion for fees and costs (ct, Deputy Clerk) (Entered: 02/25/2003)

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02/27/2003 02/28/2003 02/28/2003 02/28/2003 03/25/2003
03/25/2003
04/09/2003 04/09/2003 04/09/2003 04/09/2003 04/10/2003 04/10/2003 04/14/2003 04/14/2003 04/16/2003

66 RE-NOTICE by Maritza Osorio to take deposition of Oren Wunderman 3/13/03 at 9:30 (ct, Deputy Clerk) (Entered: 02/28/2003)
67 REPLY by Mortgage Information to response to [58-1] motion to strike [51-1] motion to compel discovery (ct, Deputy Clerk) (Entered: 03/03/2003)
68 NOTICE of filing original declaration by Kenneth Hignett by Mortgage Information (ct, Deputy Clerk) (Entered: 03/03/2003)
69 DECLARATION of Kenneth Hignett by Mortgage Information Re: [67-1] response reply (ct, Deputy Clerk) (Entered: 03/03/2003)
70 PROTECTIVE ORDER granting [49-1] motion for protective order the production and exchange of properity, commercial and financial documents. See Order for full detials. ( Signed by Magistrate Ted E. Bandstra on 3/25/03) [EOD Date: 3/26/03] (ct, Deputy Clerk) (Entered: 03/26/2003)
71 ORDER granting [47-1] motion to compel the EEOC to provide better responses to discovery, denying [47-2] motion for fees and costs granting [49-1] motion for protective order the production and exchange of properity, commercial and financial documents granting [51-1] motion to compel discovery denying as moot [58-1] motion to strike [51-1] motion to compel discovery ( Signed by Magistrate Ted E. Bandstra on 3/25/03) [EOD Date: 3/26/03] (ct, Deputy Clerk) (Entered: 03/26/2003)
72 MOTION by Mortgage Information for summary judgment (ct, Deputy Clerk) (Entered: 04/10/2003)
73 MEMORANDUM by Mortgage Information in support of [72-1] motion for summary judgment (ct, Deputy Clerk) (Entered: 04/10/2003)
74 APPENDIX of exhibits being filed in support of denfendant's statement of undisputed facts by Mortgage Information (ct, Deputy Clerk) (Entered: 04/10/2003)
75 APPENDIX of excerpted depositions being filed in support of defendant's statement of undisputed facts by Mortgage Information (ct, Deputy Clerk) (Entered: 04/10/2003)
76 MOTION with memorandum in support by Maritza Osorio to strike portions of defendant's expert witness report and testimony which invade the province of the jury (ct, Deputy Clerk) (Entered: 04/11/2003)
77 MOTION with memorandum in support by Maritza Osorio in limine to prevent introduction of evidence related to plaintiff's supposed use of Zyban and/or Viagra (ct, Deputy Clerk) (Entered: 04/11/2003)
78 NOTICE of substitution of counsel by Equal Employment (ct, Deputy Clerk) (Entered: 04/15/2003)
79 MOTION by Mortgage Information in limine to exclude letter of determination from edivence (ct, Deputy Clerk) (Entered: 04/15/2003)
80 MOTION by Mortgage Information to extend time to file statement of undisputed facts nunc pro tunc (ct, Deputy Clerk) (Entered: 04/17/2003)

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04/16/2003 04/16/2003 04/17/2003 04/17/2003 04/17/2003 04/18/2003 04/21/2003
04/21/2003 04/22/2003
04/23/2003
04/24/2003 04/25/2003 05/06/2003 05/06/2003

81 Statement of undisputed facts by Mortgage Information (ct, Deputy Clerk) (Entered: 04/17/2003)
82 Certificate of compliance: by Mortgage Information with Local Rule 7.1A.3(a) (ct, Deputy Clerk) (Entered: 04/17/2003)
83 Notice of compliance: by Equal Employment with Local Rule 7.1(A)(3)(a) (ct, Deputy Clerk) (Entered: 04/18/2003)
84 MOTION with memorandum in support by Equal Employment to extend time to file response to motion for summary judgment to May 9, 2003 (ct, Deputy Clerk) (Entered: 04/18/2003)
85 ORDER granting [80-1] motion to extend time to file statement of undisputed facts nunc pro tunc ( Signed by Judge Patricia A. Seitz on 4/17/03) [EOD Date: 4/18/03] (ct, Deputy Clerk) (Entered: 04/18/2003)
86 MOTION by Maritza Osorio to extend time to file response in opposition to the motion for summary judgment up to and including May 9, 2003 (ct, Deputy Clerk) (Entered: 04/21/2003)
87 ORDER granting [84-1] motion to extend time to file response to motion for summary judgment to May 9, 2003; striking [81-1] Statement of Undisputed Facts. Defendant shall have until and including April 25, 2003 to file a Statement of Undisputed Facts in conformity with the Local Rules. ( Signed by Judge Patricia A. Seitz on 4/18/03) [EOD Date: 4/22/03] (ct, Deputy Clerk) (Entered: 04/22/2003)
88 MEMORANDUM by Mortgage Information in opposition to [76-1] motion to strike portions of defendant's expert witness report and testimony which invade the province of the jury (ct, Deputy Clerk) (Entered: 04/22/2003)
89 ORDER granting [86-1] motion to extend time to file response in opposition to the motion for summary judgment up to and including May 9, 2003 ( Signed by Judge Patricia A. Seitz on 4/21/03) [EOD Date: 4/23/03] (ct, Deputy Clerk) (Entered: 04/23/2003)
90 ORDER striking [79-1] motion in limine to exclude letter of determination from edivence, [77-1] motion in limine to prevent introduction of evidence related to plaintiff's supposed use of Zyban and/or Viagra ( Signed by Judge Patricia A. Seitz on 4/22/03) [EOD Date: 4/24/03] (ct, Deputy Clerk) (Entered: 04/24/2003)
91 RESPONSE by Equal Employment to [79-1] motion in limine to exclude letter of determination from edivence (ct, Deputy Clerk) (Entered: 04/25/2003)
92 Revised Statement of undisputed facts by Mortgage Information (ct, Deputy Clerk) (Entered: 04/28/2003)
93 MOTION by Equal Employment, Mortgage Information to extend time to complete mediation to June 9, 2003 (ct, Deputy Clerk) Modified on 05/07/2003 (Entered: 05/07/2003)
94 ORDER granting [93-1] motion to extend time to complete mediation to June 9, 2003 ( Signed by Judge Patricia A. Seitz on 5/05/03) [EOD Date: 5/7/03] (ct, Deputy Clerk) (Entered: 05/07/2003)

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05/09/2003
05/09/2003 05/09/2003 05/09/2003 05/09/2003 05/09/2003 05/19/2003 05/19/2003 05/19/2003 05/19/2003 05/19/2003 05/19/2003 05/19/2003 06/16/2003 07/01/2003
07/02/2003 07/08/2003
07/16/2003 07/17/2003

95 ORDER SCHEDULING MEDIATION before Mediator: for 6/9/03 at 9:00 Signed by Judge Patricia A. Seitz on 5/08/03) [EOD Date: 5/12/03] (ct, Deputy Clerk) (Entered: 05/12/2003)
96 RESPONSE by Equal Employment in opposition to [72-1] motion for summary judgment (ct, Deputy Clerk) (Entered: 05/12/2003)
97 Statement of material facts by Equal Employment re: [96-1] opposition response (ct, Deputy Clerk) (Entered: 05/12/2003)
98 APPENDIX of exhibits (A-Q) to: [97-1] Statement of by Equal Employment (ct, Deputy Clerk) (Entered: 05/12/2003)
99 RESPONSE by Maritza Osorio to [72-1] motion for summary judgment (ct, Deputy Clerk) (Entered: 05/12/2003)
100 Statement of undisputed facts by Maritza Osorio re: [99-1] motion response (ct, Deputy Clerk) (Entered: 05/12/2003)
101 RESPONSE by Equal Employment, Maritza Osorio to [72-1] motion for summary judgment (ct, Deputy Clerk) (Entered: 05/20/2003)
102 APPENDIX of excerpted depositions (1-5) to: [101-1] motion response by Equal Employment, Maritza Osorio (ct, Deputy Clerk) (Entered: 05/20/2003)
103 VIDEO DEPOSITION of Maritza Osorio (ct, Deputy Clerk) (Entered: 05/20/2003)
104 DEPOSITION of Joseph C. Gilson (ct, Deputy Clerk) (Entered: 05/20/2003)
105 DEPOSITION of John Robinson (ct, Deputy Clerk) (Entered: 05/20/2003)
106 DEPOSITION of Frank V. Nowicki Volume I (ct, Deputy Clerk) (Entered: 05/20/2003)
107 DEPOSITION of Christine Gordon (ct, Deputy Clerk) (Entered: 05/20/2003)
108 FINAL report of Mediator. Disposition: Impasse (ct, Deputy Clerk) (Entered: 06/17/2003)
109 ORDER RESETTING PRETRIAL CONFERENCE AND OTHER PRETRIAL DEADLINES reset pretrial conference for 9:00 8/20/03 before Judge Patricia A. Seitz . See Order for details. ( Signed by Judge Patricia A. on 6/30/03) [EOD Date: 7/2/03] (ct, Deputy Clerk) (Entered: 07/02/2003)
110 MOTION with memorandum in support by Maritza Osorio to amend witness list (ct, Deputy Clerk) (Entered: 07/03/2003)
111 NOTICE to the Court regarding mootness of portions of Defendants motion for summary judgment by Equal Employment (ct, Deputy Clerk) (Entered: 07/09/2003)
112 NOTICE of Unavailability by Equal Employment for dates of: 7/28/03-8/1/03 (ct, Deputy Clerk) (Entered: 07/17/2003)
113 MEMORANDUM by Mortgage Information in opposition to [110-1] motion to amend witness list (ct, Deputy Clerk) (Entered: 07/18/2003)

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07/18/2003 07/24/2003 07/24/2003 07/25/2003
07/25/2003 07/31/2003 08/07/2003
08/07/2003 08/07/2003 08/07/2003 08/20/2003 08/21/2003 08/22/2003 08/22/2003 08/22/2003 08/22/2003

114 NOTICE of trial conflict by Equal Employment (ct, Deputy Clerk) (Entered: 07/21/2003)
115 NOTICE of Unavailability by Equal Employment for dates of: 9/26/03 -10/7/03 (cj, Deputy Clerk) (Entered: 07/25/2003)
116 MOTION by Equal Employment to substitute Maria Teresa Rodriguez as Attorney (cj, Deputy Clerk) (Entered: 07/25/2003)
117 ORDER granting [116-1] motion to substitute Rachel H. Shonfield, Cheryl A. Cooper as Attorney (Added: Rachel H. Shonfield, Cheryl Cooper) ( Signed by Judge Patricia A. Seitz on 7/24/03) Date: 7/28/03] (ct, Deputy Clerk) (Entered: 07/28/2003)
118 ORDER granting in part, denying in part [72-1] motion for summary judgment ( Signed by Judge Patricia A. Seitz on 7/25/03) [EOD Date: 7/28/03] (ct, Deputy Clerk) (Entered: 07/28/2003)
119 ORDER denying [110-1] motion to amend witness list ( Signed by Judge Patricia A. Seitz on 7/30/03) [EOD Date: 8/1/03] (ct, Deputy Clerk) (Entered: 08/01/2003)
120 ORDER granting in part, denying in part [76-1] motion to strike portions of defendant's expert witness report and testimony which invade the province of the jury ( Signed by Judge Patricia A. Seitz on 8/7/03) [EOD Date: 8/8/03] (ct, Deputy Clerk) (Entered: 08/08/2003)
121 JOINT PRETRIAL STIPULATION by Equal Employment, Mortgage Information, Maritza Osorio (ct, Deputy Clerk) (Entered: 08/08/2003)
122 Joint Proposed Jury instructions by Equal Employment, Mortgage Information, Maritza Osorio (ct, Deputy Clerk) (Entered: 08/08/2003)
123 NOTICE of filing joint summary of respective motions in limine by Equal Employment, Mortgage Information, Maritza Osorio (ct, Deputy Clerk) (Entered: 08/08/2003)
124 ORDER denying [123-1] notice /motion in limine( Signed by Judge Patricia A. Seitz on 8/19/03) [EOD Date: 8/21/03] (tb, Deputy Clerk) (Entered: 08/21/2003)
125 PRETRIAL CONFERENCE ORDER reset Jury trial for 8/28/03 before Judge Patricia A. Seitz . See Order for details. ( Signed by Judge Patricia A. Seitz on 8/20/03) [EOD Date: 8/22/03] (ct, Deputy Clerk) (Entered: 08/22/2003)
126 MEMORANDUM by Mortgage Information in opposition to plaintiff's exhibits (ct, Deputy Clerk) (Entered: 08/25/2003)
127 MEMORANDUM by Equal Employment in opposition to defendant's exhibits (ct, Deputy Clerk) (Entered: 08/25/2003)
128 MEMORANDUM by Mortgage Information in support of [126-1] objextions to plaintiff's exhibits (ct, Deputy Clerk) (Entered: 08/25/2003)
129 JOINT MOTION by Equal Employment, Mortgage Information to extend time for pretrial submissions (ct, Deputy Clerk) (Entered: 08/25/2003)

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08/25/2003
08/27/2003 08/27/2003 08/27/2003 08/27/2003 08/27/2003 08/28/2003
08/29/2003 08/29/2003 08/29/2003 08/29/2003 08/29/2003 08/29/2003 08/29/2003 08/29/2003 08/29/2003
08/29/2003

130 ORDER regarding standby status for trial and granting [129-1] joint motion to extend time for pretrial submissions reset Jury trial for 9/8/03 before Judge Patricia A. Seitz , and reset calendar call for 9/3/03 before Judge Patricia A. Seitz . See Order for details. ( Signed by Judge Patricia A. Seitz on 8/22/03) [EOD Date: 8/26/03] (ct, Deputy Clerk) (Entered: 08/26/2003)
131 Proposed Jury instructions by Equal Employment, Mortgage Information, Maritza Osorio (ct, Deputy Clerk) (Entered: 08/28/2003)
132 Proposed Voir dire questions by Mortgage Information (ct, Deputy Clerk) (Entered: 08/28/2003)
133 NOTICE of filing joint statement of the case by Equal Employment, Mortgage Information, Maritza Osorio (ct, Deputy Clerk) (Entered: 08/28/2003)
134 NOTICE of filing (attached) proposed verdict form by Mortgage Information (ct, Deputy Clerk) (Entered: 08/28/2003)
135 NOTICE of filing attached proposed verdict form and proposed voir dire questions by Equal Employment (ct, Deputy Clerk) (Entered: 08/28/2003)
136 Minutes of pretrial status conference held before Judge Patricia A. Seitz on 8/20/03; Court Reporter Name or Tape #: David Ehrlich (tb, Deputy Clerk) (Entered: 08/29/2003)
137 NOTICE of filing attached trial witness list and trial witness list for jury by Equal Employment (ct, Deputy Clerk) (Entered: 09/02/2003)
138 NOTICE of filing estimate of trial time and witness testimony synopsis by Mortgage Information (ct, Deputy Clerk) (Entered: 09/02/2003)
139 Witness list by Mortgage Information (ct, Deputy Clerk) (Entered: 09/02/2003)
140 NOTICE of filing cross designation from the deposition ttestimony of Kenneth Hignett by Mortgage Information (ct, Deputy Clerk) (Entered: 09/02/2003)
141 NOTICE of filing designation from the deposition testimony of Maritza Osorio by Mortgage Information (ct, Deputy Clerk) (Entered: 09/02/2003)
142 NOTICE of objections to plaintiff's deposition excerpts of Kenneth Hignett by Mortgage Information (ct, Deputy Clerk) (Entered: 09/02/2003)
143 NOTICE of Exhibit Lists by Equal Employment, Mortgage Information (ct, Deputy Clerk) (Entered: 09/02/2003)
144 NOTICE of cross designation of deposition testimony of Maritza Osorio by Equal Employment (ct, Deputy Clerk) (Entered: 09/02/2003)
145 MEMORANDUM by Equal Employment in opposition to [141-1] designation from the deposition testimony of Maritza Osorio (ct, Deputy Clerk) (Entered: 09/02/2003)
146 NOTICE of filing deposition excerpts by Equal Employment (ct, Deputy Clerk) (Entered: 09/02/2003)

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09/09/2003
09/12/2003 09/15/2003 09/16/2003 09/16/2003 09/16/2003 09/17/2003 09/18/2003 09/19/2003 09/19/2003 09/22/2003 09/23/2003 09/23/2003 09/23/2003 09/24/2003 09/24/2003

147 ORDER transferring case to Judge Jose A. Gonzalez, Jr. for trial reset Jury trial for 9:30 9/15/03 before Judge Jose A. Gonzalez Jr. in Ft. Lauderdale ( Signed by Judge Patricia A. Seitz on 9/8/03) [EOD Date: 9/10/03] (ct, Deputy Clerk) (Entered: 09/10/2003)
148 MOTION with memorandum in support by Mortgage Information to amend [139-1] witness list (bs, Deputy Clerk) (Entered: 09/15/2003)
Jury trial held before Judge Jose A. Gonzalez Jr. (ss, Deputy Clerk) (Entered: 09/17/2003)
149 Minutes of Trial held before Judge Jose A. Gonzalez Jr. on 9/15/03; Trial 9/16/03 at 9:00; Court Reporter Name or Tape #: LaRocca (ss, Deputy Clerk) (Entered: 09/17/2003)
150 Minutes of Jury Trial held before Judge Jose A. Gonzalez Jr. on 9/16/03; Trial 9/17/03 at 9:00; Court Reporter Name or Tape #: LaRocca (ss, Deputy Clerk) (Entered: 09/17/2003)
Jury trial held before Judge Jose A. Gonzalez Jr. (ss, Deputy Clerk) (Entered: 09/17/2003)
Jury trial held before Judge Jose A. Gonzalez Jr. (ss, Deputy Clerk) (Entered: 09/23/2003)
Jury trial held before Judge Jose A. Gonzalez Jr. (ss, Deputy Clerk) (Entered: 09/23/2003)
151 Minutes of Trial held before Judge Jose A. Gonzalez Jr. on 9/17/03; Trial continued to 9/18/03 at 10:00; Court Reporter Name or Tape #: La Rocca (ss, Deputy Clerk) (Entered: 09/23/2003)
152 Minutes of Trial held before Judge Jose A. Gonzalez Jr. on 9/18/03; Trial continued to 9/22/03 at 9:00; Court Reporter Name or Tape #: La Rocca (ss, Deputy Clerk) (Entered: 09/23/2003)
Jury trial held before Judge Jose A. Gonzalez Jr. (ss, Deputy Clerk) (Entered: 09/24/2003)
153 Minutes of Trial Day 5 held before Judge Jose A. Gonzalez Jr. on 9/22/03; Trial 9/23/03 at 9:00; Court Reporter Name or Tape #: Anita La Rocca (ss, Deputy Clerk) (Entered: 09/24/2003)
154 Minutes of Trial held before Judge Jose A. Gonzalez Jr. on 9/23/03; Case continued to 9/24/03 at 9:00; Court Reporter Name or Tape #: A. La Rocca (ss, Deputy Clerk) (Entered: 09/24/2003)
Jury trial held before Judge Jose A. Gonzalez Jr. (ss, Deputy Clerk) (Entered: 09/24/2003)
155 Minutes of Deliberating Jury held before Judge Jose A. Gonzalez Jr. on 9/24/03; Court Reporter Name or Tape #: A. La Rocca (ss, Deputy Clerk) (Entered: 09/25/2003)
Jury trial held before Judge Jose A. Gonzalez Jr. (ss, Deputy Clerk) (Entered: 09/25/2003)

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09/24/2003 09/24/2003 09/24/2003 09/26/2003
10/22/2003
10/22/2003 10/23/2003 10/23/2003 10/23/2003 10/23/2003 10/23/2003
10/27/2003 10/31/2003 11/06/2003 11/14/2003

156 Exhibit and Witness List (ss, Deputy Clerk) (Entered: 09/25/2003)
157 JURY VERDICT for Mortgage Information (ss, Deputy Clerk) (Entered: 09/25/2003)
158 FINAL Proposed Jury instructions (ss, Deputy Clerk) (Entered: 09/25/2003)
159 JUDGMENT for Equal Employment, Maritza Osorio against Mortgage Information that the Plaintiff/Intervenor take nothing, that the action be dismissed on the merits, and the Dfenddant recover of the Plaintiff and Plaintiff/Intervenor its costs of this action ( Signed by Judge Jose A. Gonzalez Jr. on 9/25/03) [EOD Date: 9/26/03] (rb, Deputy Clerk) (Entered: 09/26/2003)
160 ORDER closing case following a jury trial and a verdict in favor of the defendants Mortgage Information Services, Inc. ( Signed by Judge Patricia A. Seitz on 10/21/03) [EOD Date: 10/23/03] (ct, Deputy Clerk) Modified on 11/03/2003 (Entered: 10/23/2003)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (ct, Deputy Clerk) (Entered: 10/23/2003)
161 MOTION with memorandum in support by Mortgage Information for leave to file a motion for sanctions on counsel for intervenor (tb, Deputy Clerk) (Entered: 10/24/2003)
162 MOTION by Mortgage Information for attorney fees from EEOC, Maritza Osorio,Delner Franklin Thomas and Lee Friedland and for costs (Former Deputy Clerk) (Entered: 10/24/2003)
163 MEMORANDUM by Mortgage Information in support of [162-1] motion for attorney fees from EEOC, Maritza Osorio,Delner Franklin Thomas and Lee Friedland and for costs (Former Deputy Clerk) (Entered: 10/24/2003)
164 Certification of counsel Stanley Kiszkiel by Mortgage Information re attorneys fees/costs (Former Deputy Clerk) (Entered: 10/24/2003)
165 APPENDIX of declaratiosn, exhibits and deposition excerpts (attached) to: [162-1] motion for attorney fees from EEOC, Maritza Osorio,Delner Franklin Thomas and Lee Friedland and for costs by Mortgage Information (Former Deputy Clerk) (Entered: 10/24/2003)
166 NOTICE of filing certification of counsel pursuant to SDFL LR 7.3A by Mortgage Information (ct, Deputy Clerk) (Entered: 10/28/2003)
167 UNOPPOSED JOINT MOTION by Equal Employment, Maritza Osorio to extend time to repsond to motion for attorney's fees (ct, Deputy Clerk) (Entered: 11/03/2003)
168 ORDER granting [167-1] motion to extend time to repsond to motion for attorney's fees ( Signed by Magistrate Ted E. Bandstra on 11/6/03) [EOD Date: 11/7/03] (ct, Deputy Clerk) (Entered: 11/07/2003)
169 NOTICE of Change of Address of Attorney by Mortgage Information (bb, Deputy Clerk) (Entered: 11/17/2003)

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11/21/2003 11/21/2003 11/24/2003 11/26/2003 12/02/2003 12/02/2003 12/03/2003 12/05/2003 12/05/2003 12/05/2003 12/09/2003 12/09/2003 12/09/2003 12/10/2003 12/17/2003 12/17/2003

170 RESPONSE by Maritza Osorio to [162-1] motion for attorney fees from EEOC, Maritza Osorio,Delner Franklin Thomas and Lee Friedland and for costs (ct, Deputy Clerk) (Entered: 11/24/2003)
171 RESPONSE by Equal Employment in opposition to [162-1] motion for attorney fees from EEOC, Maritza Osorio,Delner Franklin Thomas and Lee Friedland and for costs (ct, Deputy Clerk) (Entered: 11/24/2003)
172 NOTICE OF APPEAL by Maritza Osorio of [159-1] judgment order EOD Date: 09/26/03; Filing Fee: $ FEE NOT PAID; Copies to USCA and Counsel of Record. (vl, Deputy Clerk) (Entered: 11/26/2003)
Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [172-1] appeal by Maritza Osorio as to Maritza Osorio (vl, Deputy Clerk) (Entered: 11/26/2003)
173 NOTICE of filing motion for sanctions by Mortgage Information (ct, Deputy Clerk) (Entered: 12/03/2003)
174 MOTION by Mortgage Information for sanctions (ct, Deputy Clerk) (Entered: 12/03/2003)
175 MOTION by Mortgage Information to extend time to reply to responses to motion for attorneys' fees and costs (nt, Deputy Clerk) (Entered: 12/04/2003)
176 NOTICE of re-filing plaintiff's response to defendant's motion for sanctions by Maritza Osorio (ct, Deputy Clerk) Modified on 12/05/2003 (Entered: 12/05/2003)
NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 12/1/03as to Maritza Osorio Re: [172-1] appeal by Maritza Osorio USCA NUMBER: 03-16079-H (vl, Deputy Clerk) (Entered: 12/05/2003)
177 ORDER granting [175-1] motion to extend time to reply to responses to motion for attorneys' fees and costs ( Signed by Magistrate Ted E. Bandstra on 12/5/03) [EOD Date: 12/8/03] (ct, Deputy Clerk) (Entered: 12/08/2003)
178 MOTION by Mortgage Information to refer defendant's motion for sanctions to Judge Gonzalez (ct, Deputy Clerk) (Entered: 12/10/2003)
179 REPLY by Mortgage Information to response to [162-1] motion for attorney fees from EEOC, Maritza Osorio,Delner Franklin Thomas and Lee Friedland and for costs (ct, Deputy Clerk) (Entered: 12/10/2003)
180 NOTICE of filing of (attached) decalration and exhibit by Mortgage Information (ct, Deputy Clerk) (Entered: 12/10/2003)
181 ORDER OF REFERENCE Referring Motion(s) [174-1] motion for sanctions referred to Judge Jose A. Gonzalez Jr. ( signed by Judge Patricia A. Seitz on 12/10/03) [EOD Date: 12/11/03] (ct, Deputy Clerk) (Entered: 12/11/2003)
182 RESPONSE by Maritza Osorio to [174-1] motion for sanctions (ct, Deputy Clerk) (Entered: 12/18/2003)
183 MOTION by Maritza Osorio for Hearing on [174-1] motion for sanctions (ct, Deputy Clerk) (Entered: 12/18/2003)

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12/19/2003 02/24/2004
03/04/2004 03/05/2004
03/22/2004 03/23/2004 03/25/2004 04/02/2004 04/02/2004 04/12/2004 04/27/2004 04/29/2004 05/13/2004 05/27/2004

184 Transcript Information Form re: as to Equal Employment . No transcript requested. No transcript is required for appeal purposes. (vl, Deputy Clerk) (Entered: 12/23/2003)
185 ORDER denying [174-1] motion for sanctions, denying [162-1] motion for attorney fees from EEOC, Maritza Osorio,Delner Franklin Thomas and Lee Friedland and for costs ( Signed by Judge Jose A. Gonzalez Jr. on 2/24/04) [EOD Date: 2/25/04] (go, Deputy Clerk) (Entered: 02/25/2004)
186 MOTION by Mortgage Information (Attorney ) for reconsideration of [185-1] order (ct, Deputy Clerk) (Entered: 03/05/2004)
187 ORDER of dismissal from USCA (certified copy) dismissing [172-1] appeal with prejudice with the parties to bear their own costs is GRANTED; USCA #: 03-16079-HH USCA Order Date: 03/02/04 (vl, Deputy Clerk) (Entered: 03/05/2004)
188 NOTICE OF APPEAL by Mortgage Information of [185-1] order EOD Date: 02/25/04; Filing Fee: $ 255.00; Receipt #: 898777 Copies to USCA and Counsel of Record. (vl, Deputy Clerk) (Entered: 03/25/2004)
189 ORDER that MIS's cost in defending this action shall be taxed against Plaintiffs EEOC and Maritza Osorio ( Signed by Judge Jose A. Gonzalez Jr. on 3/23/04) [EOD Date: 3/26/04] (go, Deputy Clerk) (Entered: 03/26/2004)
Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [188-1] appeal by Mortgage Information as to Mortgage Information (vl, Deputy Clerk) (Entered: 03/25/2004)
NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 03/29/04as to Mortgage Information Re: [188-1] appeal by Mortgage Information USCA NUMBER: 04-11460-H (vl, Deputy Clerk) (Entered: 04/02/2004)
190 Transcript Information Form re: as to Mortgage Information [188-1] appeal by Mortgage Information . No transcript required for appeal purposes. (vl, Deputy Clerk) (Entered: 04/05/2004)
191 DETAILED accounting of costs by Mortgage Information (ss, Deputy Clerk) (Entered: 04/13/2004)
JURISDICTIONAL QUESTION [188-1] appeal by Mortgage Information as to Mortgage Information USCA NUMBER: 04-11460-H (vl, Deputy Clerk) (Entered: 04/27/2004)
192 RESPONSE by Equal Employment in opposition to [191-1] notice detailed accounting of costs (go, Deputy Clerk) Modified on 05/17/2004 (Entered: 05/17/2004)
193 Reply to RESPONSE by Mortgage Information in opposition to [192-1] detailed accounting of costs (go, Deputy Clerk) (Entered: 05/17/2004)
194 ADMINISTRATIVE ORDER denying [161-1] motion for leave to file a motion for sanctions on counsel for intervenor denying [178-1] motion to refer defendant's motion for sanctions to Judge Gonzalez denying [183-1] motion for Hearing on [174-1] motion for sanctions ( Signed by Judge Patricia A. Seitz on

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06/02/2004 06/28/2004 06/30/2004 07/02/2004 07/12/2004 07/13/2004 07/30/2004 07/30/2004
08/03/2004 08/10/2004 09/16/2004
01/10/2005 01/13/2005

5/27/04) [EOD Date: 5/28/04] (ct, Deputy Clerk) (Entered: 05/28/2004)
195 ORDER granting in part, denying in part [186-1] motion for reconsideration of [185-1] order ( Signed by Judge Jose A. Gonzalez Jr. on 06/02/04) [EOD Date: 6/3/04] (th, Deputy Clerk) (Entered: 06/03/2004)
196 NOTICE OF APPEAL by Mortgage Information of [195-1] order EOD Date: 06/03/04; Filing Fee: $ 255.00; Receipt #: 903655 Copies to USCA and Counsel of Record. (vl, Deputy Clerk) (Entered: 06/30/2004)
Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [196-1] appeal by Mortgage Information as to Mortgage Information (vl, Deputy Clerk) (Entered: 06/30/2004)
199 CROSS NOTICE OF APPEAL by Equal Employment of [195-1] order EOD Date: 06/03/04; Filing Fee: $ FEE NOT PAID; Copies to and Counsel of Record. (vl, Deputy Clerk) (Entered: 08/03/2004)
197 Transcript Information Form re: as to Mortgage Information [196-1] appeal by Mortgage Information . No transcript requested. No transcript is required for appeal purposes. (vl, Deputy Clerk) (Entered: 07/12/2004)
NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 07/13/04as to Mortgage Information Re: [196-1] appeal by Mortgage Information USCA NUMBER: 04-13314-HH (vl, Deputy Clerk) (Entered: 07/13/2004)
198 Certificate of readiness as to Mortgage Information transmitted to USCA Re: [196-1] appeal by Mortgage Information, [188-1] appeal by Mortgage Information USCA NUMBER: 04-13314-HH (vl, Deputy Clerk) (Entered: 07/30/2004)
Transmitted record on appeal as to Mortgage Information to U.S. Court of Appeals: (Miami Office) consisting of (6) Volumes of Pleadings and (8) Accordian Folders containing DE's 75,76,77,88,98, 100,103-107,165,171,176,183,191 USCA #04-13314-HH [196-1] appeal by Mortgage Information, [188-1] appeal by Mortgage Information (vl, Deputy Clerk) (Entered: 07/30/2004)
Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [199-1] appeal by Equal Employment as to Equal Employment (vl, Deputy Clerk) (Entered: 08/03/2004)
ACKNOWLEDGMENT of receipt by U.S.C.A. of: Certificate of Readiness on 08/02/04; U.S.C.A. # 04-13314-HH (vl, Deputy Clerk) (Entered: 08/10/2004)
200 ORDER of dismissal from USCA (certified copy) dismissing [199-1] appeal of the EEOC's cross-appeal with prejudice, with each side bearing its own fees and costs with respect to the cross-appeal, is GRANTED; This appeal shall otherwise continue unabated USCA #: 04-13944-HH USCA Order Date: 09/14/04 (vl, Deputy Clerk) (Entered: 09/21/2004)
201 MOTION by Mortgage Information (Attorney Kelly Suzanne Hughes) for entry of judgment against plaintiffs (ct, Deputy Clerk) (Entered: 01/11/2005)
202 JUDGMENT for Mortgage Information against Maritza Osorio, Equal Employment for amount of $23,479.61; Granting [201-1] request for entry of

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01/31/2005

judgment against plaintiffs (Signed by Judge Jose A. Gonzalez Jr. on 1/13/05) [EOD Date: 1/14/05] (ss, Deputy Clerk) (Entered: 01/14/2005)
203 MANDATE OF USCA (certified copy)affirming judgment/order of the district court and increasing the costs awarded to appellant by $3, 441.99 in re: [196-1] appeal Mandate Issued Date: 1/18/05; USCA Appeal #: 04-13314-HH; Copy to Judge. (vp, Deputy Clerk) (Entered: 03/14/2005)

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