Case 4:01-cv-10082-JCP Document 1 Entered on FLSD Docket 07/27/2001 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA
1 KEY WEST DI'Ol

0 UNITED STATES EQUAL EMPLOYMENT

)

-

OPPORTUNITY COMMISSION,

)

-PAINE

)

Plaintiff,

)

)

·~GISTRATI JOHNSON

V.

)

CIVIL ACTION NO.

)

MARINE BANK OF THE FLORIDA KEYS,

)

COMPLAINT

)

JURY TRIAL DEMAND

)

INJUNCTIVE RELIEF SOUGHT

______________D_e_fe_nd_a_n_t.___________))

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Kim Remer ("Ms. Remer"), Carrie Bauman ("Ms. Bauman") and any other similarly situated individuals who were adversely affected by such practices. As stated with greater particularity in paragraphs seven and eight below, the Commission alleges that Ms. Remer, Ms. Bauman and any other similarly situated individuals were sexually harassed and retaliated against at Defendant's place of business in Marathon, Florida. Ms. Remer, Ms. Bauman and any other similarly situated individuals were forced to endure unwelcome sexual comments and/or physical contact because oftheir sex, which created a hostile work environment. Furthermore, Ms. Remer, Ms. Bauman and any other similarly situated individual were retaliated against for complaining about the sexual harassment to management.

1

&

J

Case 4:01-cv-10082-JCP Document 1 Entered on FLSD Docket 07/27/2001 Page 2 of 6

JURISDICTION AND VENUE

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

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

the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) 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, Key West 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 ofTitle VII, and is expressly authorized to bring this action by Section 706(£)(1) and

(3) ofTitle VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

4.

At all relevant times, Defendant, Marine Bank of the Florida Keys (the "Employer"), has

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

Marathon, 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 withing the meaning of Sections 701 (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, Ms. Remer and Ms. Bauman

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

conditions precedent to the institution of this lawsuit have been fulfilled.

2

Case 4:01-cv-10082-JCP Document 1 Entered on FLSD Docket 07/27/2001 Page 3 of 6

7. Since on or about March 1995, Defendant Employer has engaged in unlawful employment

practices at its Marathon facility, in violation of Sections 703(a)(l) and 704(a) of Title VII, 42

U.S.C. §§ 2000e-2(a) and 2000e-3(a).

(a) Specifically, Ms. Remer, Ms. Bauman and other similarly situated individuals were

subjected to unwelcome physical and verbal conduct of a sexual nature by the

supervisor William M. Daniels, Jr., which was sufficiently severe and pervasive to

constitute an intimidating hostile and offensive work environment. The sexual

conduct included vulgar language, abusive behavior, and sexual remarks of a

personal nature.

(b) Ms. Remer was discharged m retaliation for complaining about the sexual

harassment.

(c) Ms. Bauman was forced to resign her position because the working conditions ofher

employment were so intolerable (due to the persistent sexual harassment by William

M. Daniels, Jr. and Defendant's failure to take any action) that a reasonable person

subjected to the same or similar conduct would have been compelled to resign.

8. The effect ofthe practices complained of in paragraph seven above has been to deprive Ms.

Remer, Ms. Bauman and other similarly situated individuals ofequal employment opportunities and

otherwise adversely affect their status as an employee because oftheir sex and because ofretaliation.

9.

The unlawful employment practices complained of in paragraphs seven and eight above

were intentional.

10.

The unlawful employment practices complained of in paragraphs seven and eight above

were done with malice or with reckless indifference to the federally protected rights of Ms. Remer,

Ms. Bauman and any other similarly situated individual.

3

Case 4:01-cv-10082-JCP Document 1 Entered on FLSD Docket 07/27/2001 Page 4 of 6

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 victims ofsexual harassment and retaliation, and which

eradicate the effects of its past and present unlawful employment practices.

C. Order Defendant Employer to make whole Ms. Remer, Ms. Bauman and any other similarly

situated individual, by providing appropriate backpay with prejudgment interest, in amounts to be

determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful

employment practices.

D. Order Defendant Employer to make whole Ms. Remer, Ms. Bauman and any other similarly

situated individual, by providing compensation for past and future pecuniary losses resulting from

the unlawful employment practices described in paragraphs seven and eight above, including job

search expenses, in amounts to be determined at trial.

E. Order Defendant Employer to make whole Ms. Remer, Ms. Bauman and any other similarly

situated individual by providing compensation for past and future nonpecuniary losses resulting from

the unlawful practices complained ofin paragraphs seven and eight above, including emotional pain,

suffering and inconvenience, in amounts to be determined at trial.

F. Order Defendant Employer to pay Ms. Remer, Ms. Bauman and any other similarly situated

individual punitive damages for its malicious and reckless conduct described in paragraphs seven

4

Case 4:01-cv-10082-JCP Document 1 Entered on FLSD Docket 07/27/2001 Page 5 of 6

and eight 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 ofthis action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.

GWENDOLYN R. REAMS Acting Deputy General Counsel

DELNER FRANKLIN-THOMAS Regional Attorney

MICHAEL FARRELL Supervisory Trial Attorney

!lA . .·~
1Pf Lauren Gre aum
\ Trial Attorney FL Bar No. 0029254
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower Suite 2700 Two S. Biscayne Blvd. Miami, Fl 33131 Tel. (305) 530-6005 Fac. (305) 536-4494

5

JS 44 Case 4:01-cv-10082-JCP Document 1 Entered on FLSD Docket 07/27/2001 Page 6 of 6

{Rev. 12/96)

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required fl';r the use
of the Clerk of Court for the purpose of initiating the civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

o1 -10082CIV~PAiN~aisrRATE I.(a) PLAINTIFFS U.S. Equal Fmployrrent Opportunity Comnissioo

I DEFENDANTS

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
(EXCEPT IN US. PLAINTIFF CASES)

JOHNSON
COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _ _.!.Mo=n'-"'roe~""-------

(c)

ATIORNEYS (IF KNOWN)

tPLACE AN "X IN ONE BOX ONLY)

n1 U.S. Government Plaintiff

o 3 Federal Question
(U.S. Government Not a Party)

Citizen of This State

01 01 Incorporated or Principal Place o 4 o 4
of Business In This State

o 2 U.S. Government
Defendant

o 4 Diversity
(Indicate Citizenship of Parties
in Item Ill)

Citizen of Another State o 2 02
Citizen or Subject of a o 3 03
Foreign Country

Incorporated and Principal Place D 5 D 5 of Business In Another State

Foreign Nation

06 06

IV. ORIGIN
K1 Original Proceeding

o 2 Removed from State Court

(PLACE AN "X" IN ONE BOX ONLY)

o 3 Remanded from o 4 Reinstated or

Appellate Court

Reopened

Transferred from
o 5 another district (specify)

o s Multidistrict Litigation

Appeal to District
JudQefrom D 1 Magistrate
Judgment

V. NATURE OF SUIT (PLACE AN "X" IN ONE BOX ONLY)

---A CONTRACT

A TORTS

FORFEITURE/PENALTY A BANKRUPTCY

A OTHER STATUTES

0 110 Insurance

PERSONAL INJURY

PERSONAL INJURY

1so 610 Agriculture

0 422 Appeal 26 usc 156 0 400 State Reappontorrment

0 120 Manne

0 310 Airplane

0 362 Personal injury

so 620 Other Food & Drug

0 410 Antitrust

0 130 Miller Act

0 315 Airplane Product

Med Malpractice

BO 625 Drug Retatea Serzure

D 423 Withdrawal

0 430 Banks and Banl<ing

0 140 Negotiable Instrument

L<abrlity

0 365 Personal Injury -

of Property 2 t USC 881

28 usc t57

s 0 450 Commerce/ICC Rates/etc

0 150 Recovery of Overpayment

0 320 Assault Libel &

& Enforcement or Judgment

Stander

Product Uabllrty
0 368 Asbestos Personal

so 630 Liquor Laws so 640 R R & Truck

A PROPERTY RIGHTS

0 460 Deportation 0 470 Racketeer Influenced and

0 151 Medrcare Act
Be; 152 Recovery of Defaulted Student Lo.:tns 'Excl VeteransI

0 330 Federal Employers
Liabilrty
0 340 Marme
0 345 Marme Product

tn;ury Product Lrabrlrty
PERSONAL PROPERTY
0 370 Orner Fraud

BO 650 Arrlrne Regs
SO 660 Occupatronal Safety/Health
so 690 Other

D 820 copyflgots 0 830 Patent 0 840 Trademarv

I

Corrupt Organizations

0 810 Selective Service

D 850 Securttlef./Commodrties/

Exchange

s D 153 '1ecovery of o·verpayrnent of Veteran s Benefits
0 160 Swckholders Surts u~ 190 Other Contract
C 195 Conti act Produ·:-1 Lrab1lit~·

Lrab1l1ty
I 0 350 Motor Veh<cle
I [I 355 Motor Vehrcle P,oduct L1abtlri 1
:=J 360 Orner Personal ln(ury

0 371 Truth 1r1 Ler1d1ng
0 380 Other Personal
Propert'{ Damage
0 385 Property Damage
Product Lrabrlrty

~ A LABOR
I 0 710 Farr Lab,n.r Standard_c,
Act
D 720 Labor Mgmr Relat<ons

B SOCIAL SECURITY

.~ ._, 861 HIA .I 395ft,

I
1

0 862 Biac·~ Lung !923 1

'

I 0 863 DIWC'DIWW 14051911

0 875 Cus1omer Chaltenge t2USC34t0
0 891 Agflculturat Acts 0 892 Economrc Stab<l<.at,on Act
0 893 En·....-,ronmental Matters
0 894 Energy Allocatron Act

A REAL PROPE_R_TY_--+1--A CIVIL RIGHTS . PRISONER PETITIONS

0 864 SSID Title XVI

i 0 895 Freedom of

0 210 Land Condemnation
s0 220 Foreclosure
:::J 230 Rent Lease & Ete.:tmenr. U 240 Torts to Land 0 245 lon Product Lrab<lity
D 290 All Other Real Property

I 0 441 Vot•"n:"J'
I ~ 442 Employment
443 Hous.mg; Accommodations
0 444 Welfare 0 440 Other Civil Rrghts

ISCJ 510 MDI<on; lo Vacate

I

Sentence HABEAS CORPUS:

s 0 530 General

A0 535 Death Penalty

s 0 540 Mandamus & Other

s 0 550 Civil Rights

S 0 555 Prrson Conditron

0 730 Labor 'Mamr. R.epo•1•'1Q i. 0 865 RS1 ~40Sigl'

j

& 0 Isc-raSure Act

-'

I D 740 Ra1!1:.. ay Labo~ Ac1
I
0 790 Otner Labor Lrtrgatron

i FEDERAL TAX SUITS
AD 870 Taxes (U.S Ptarntrtf

A0 791 Empl Ret Inc
Security Act

or Defendant)
AD 871 IRS - Third Party
26 usc 7609

1nformat1on Act
0 900 Appeal of Fee 0 eterm1nat10I"l
Under Equal Access to JuS1iC<>
0 950 Constrtutronality o!
State Statutes
0 890 Other Statutory Actrons
AORS

VI. CAUSE OF ACTION (CITE THEuS. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE BRIEF STATEMENT OF CAUSE.
This DoNoTctTEJURISDtcrtoNALSTATUTEsuNLEssDtVERstTYI is an action under Title VII of the Civil

Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment

LENGTH oF TRIAL practices on the basis of s~x and retaliation, and tQ provide 9ppropri9te . TE;!lief to Kim Remer, carrle Bauman and an via__daysestlmated(forbothsideslotryentirecase) other SJ.ITU.larl SltU.ated mdlVlduals who were

V(J '\lel:Ee
· AEUU

'~ilT_Ea

ec e
IN

Y sue prac 1ces.
CHECK IF THIS IS A CLASS ACTION

COMPLAIN",';

0 UNDER FR.C.P 23

DEMAND $

CHECK YES only if demanded in complaint:

!

JURY DEMAND·.

.Y ~YE:S

D NO

VIII. RELATED CASE(S) (See instructions):

IF ANY

JUDGE_ _ _ _ _ _ _ _ _ _ _ _ _ __

DOCKET NUMBER--------------

FOR

~~

"-------A~ APPLYING I

MAG. JUDGE-------------------

 
 Case 4:01-cv-10082-JCP Document 13 Entered on FLSD Docket 12/06/2001 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
KEY WEST DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

-·n
(0
-<
-.
t

Plaintiff,

CARRIE A. BAUMAN and

(")

KIM MARIE REMER

Intervenors,

v.

MARINE BANK OF THE FLORIDA KEYS

Defendant.
--------------------------------~/
INTERVENERS' COMPLAINT AND DEMAND FOR JURY TRIAL

CARRIE A. BAUMAN ("Bauman") and KIM MARIE REMER ("Remer") hereby sue

MARINE BANK OF THE FLORIDA KEYS, (hereinafter "Defendant") and in support thereofallege

as follows:

Nature ofthe Case

This action is brought pursuant to Title VII of the Civil Rights Act of 1964, as amended. 42

U.S.C. §2000e et seq. to correct unlawful employment practices on the basis of sex, and to provide

appropriate relief to Interveners' BAUMAN and REMER, who were adversely affected by such

practices. Interveners' BAUMAN and REMER allege that a co-worker/supervisor sexually harassed

them and that the harassment persisted despite their complaint(s) to Defendant. As alleged with
!
greater particularity below, Interveners' were subjected to unwelcome sexual comments and physical

IAN G. OSUR PROFESSIONAL ASSOCIATION
SUITE 1200, 9350 SOUTH DIXIE HIGHWAY, MIAMI, FL 33156 • TELEPHONE (305) 670-7737 • FAX (305) 670-7735

Case 4:01-cv-10082-JCP Document 13 Entered on FLSD Docket 12/06/2001 Page 2 of 5
Case No. 01-10182-CIV-PAINE contact because of their sex, which created a hostile work environment. As a result of the sexual harassment and Defendant's failure to take prompt remedial action, the employment conditions of the Interveners' were so intolerable that BAUMAN was forced to resign her position, and REMER was discharged in retaliation for complaining. Interveners' seek back pay, front pay, compensatory damages, punitive damages, attorneys' fees, costs and all other relief this court deems just and proper.
Jurisdiction and Venue 1. This Court has original jurisdiction over Plaintiffs' claims under Title VII ofthe Civil Rights Act of 1964, as amended, pursuant to 28 U.S.C. §1331. This Court has supplemental jurisdiction over BAUMAN'S and REMER'S state law claims pursuant to 28 U.S.C. §1367, as their state law claims are so related to their claims under federal law that they form part of the same case or controversy. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Florida, Key West Division.
Parties 3. At all times material, Defendant was a Florida corporation authorized to do business and doing business with the State of Florida. 4. At all material times, Defendant employed at least fifteen employees and was an employer with the meaning ofthe Title VII.
!'
2
IAN G. OSUR PROFESSIONAL ASSOCIATION
SUITE 1200, 9350 SOUTH DIXIE HIGHWAY, MIAMI. FL 33156 • TELEPHONE (305) 670-7737 • FAX 005) 670-7735

Case 4:01-cv-10082-JCP Document 13 Entered on FLSD Docket 12/06/2001 Page 3 of 5
Case No. 01-10182-CIV-PAINE 5. Plaintiff Equal Employment Opportunity Commission ("EEOC"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, as amended. 6. At all times material, BAUMAN was a female citizen of the United States and a resident of the State of Florida, County of Marathon. 7. At all times material, BAUMAN was an employee of Defendant and was an aggrieved person within the meaning of Title VII. 8. At all times material, REMER was a female citizen ofthe United States and a resident of the State of Florida, County of Marathon. 9. At all times material, REMER was an employee of Defendant and was an aggrieved person within the meaning of Title VII.
STATEMENT OF TITLE VII CLAIMS 10. Interveners' BAUMAN and REMER restate and incorporate by reference the allegations set forth in paragraph numbers 6 through 10 of the Complaint, Prayer for Relief paragraphs A- H, and Jury Trial Demand filed by the EEOC. 11. BAUMAN and REMER have met all conditions precedent and have exhausted all administrative remedies prior to the institution of this action. 12. As a result of the above actions, BAUMAN and REMER have had to retain the undersigned law firm to which they are obligated to pay reasonable attorneys' fees, costs and expenses.
!'
3
IAN G. OSUR PROFESSIONAL ASSOCIATION
SUITE 1200, 9350 SOUTH DIXIE HIGHWAY, MIAMI, FL 33156 • TELEPHONE (305) 670· 7737 • FAX (305) 670-7731

Case 4:01-cv-10082-JCP Document 13 Entered on FLSD Docket 12/06/2001 Page 4 of 5 Case No. 01-10182-CIV-PAINE
Prayer for Relief WHEREFORE, BAUMAN and REMER respectfully request that this Court: A. Interveners' BAUMAN and REMER restate and incorporate by reference the allegations set for in paragraphs 6 through I0 of the Complaint, Prayer for Relief paragraphs A - H and Jury Trial Demand filed by the EEOC. B. Award BAUMAN and REMER reasonable attorneys' fees and costs incurred on this action and such other relief as the Court deems just and appropriate..
Demand for Jury Trial 14. BAUMAN and REMER demand a trial by jury on all issues so triable. Respectfully Submitted this 5th day of December, 2001.
IAN G. OSUR, P.A. Attorneys for Plaintiff Suite 1200
IAN G. OSUR, ESQ. F.B.# 301841
!'
4
IAN G. OSUR PROFESSIONAL ASSOCIATION
SUITE 1200, 9350 SOUTH DIXIE HIGHWAY, MIAMI, FL 33156 • TELEPHONE 005) 670-7737 • FAX (305) 670-7735

Case 4:01-cv-10082-JCP Document 13 Entered on FLSD Docket 12/06/2001 Page 5 of 5

Case No. 01-10182-CIV-PAINE CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy ofthe foregoing was furnished by U.S.

Mail, this 5th day ofDecember, 2001, to: Lauren Greenbaum, Esq., Equal Employment Opportunity

Commission, One Biscayne Tower, Suite 2700, TwoS. Biscayne Blvd, Miami, FL 33131 and Irving

M. Miller, Esquire, Akerman, Senterfitt, SunTrust International Center, 1 Southeast 3rd Avenue, 28th

Floor, Miami, Florida 33131-1714.

IAN G. OSUR, P.A.

Attorney for Intervenors/Plaintiffs

9350 South Dixie Highway, Suite 1200

Miami, Florida 33156

(305) 670-7737; (305) 670-

By:/'i~"t!L_

.
.,_,

/ IAN G. OSUR, ESQ.

Florida BarNo. 301841

!'
5
IAN G. OSUR PROFESSIONAL ASSOCIATION
SUITE I200, 9350 SOUTH DIXIE HIGHWAY. MIAMI, FL 33I 56 • TELEPHONE (305) 670-7737 • FAX (305) 670 7735

 
 Case 4:01-cv-10082-JCP Document 39 Entered on FLSD Docket 01/15/2003 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 01-10082-CIV-PAINE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, and CARRIE A. BAUMAN and KIM MARIE REMER,
Plaintiffs,
vs.

Al£Dby-_~jt-e -D.cJ

JAN 1~ 2003

CLARENCE MADDOX

a ~-

CLOERK U.S. DIST. CT • • OF FLA•• W.P.a:

-

MARINE BANK OF THE FLORIDA KEYS,

Defendant.

----------------------~/
ORDER ADOPTING CONSENT DECREE AND ORDER OF DISMISSAL
This matter is before the court on a Consent Decree filed by parties on December 18, 2002
(D.E. #37). The court having reviewed the record, and being otherwise fully advised in the premises, it is hereby

ORDERED AND ADJUDGED that the Consent Decree (D.E. #37) is hereby ADOPTED in its entirety. It is further

ORDERED AND ADJUDGED that this action is DISMISSED WITH PREJUDICE. The court will retain jurisdiction for the limited purpose of the enforcement of the Consent Decree, should enforcement become necessary. It is further

ORDERED AND ADJUDGED that this case is CLOSED. All motions not otherwise ruled

upon are DENIED AS MOOT

DONE AND ORDERED in Chambers at West Palm Beach, Florida, this 13~ day of

January, 2003.

3l

UNITE TATES DISTRICT JUDGE

Case 4:01-cv-10082-JCP Document 39 Entered on FLSD Docket 01/15/2003 Page 2 of 2
Copies furnished to: Irving M. Miller, Esq. Ian G. Osur, Esq. Lauren Greenbaum, Esq.

 
 Case: 4:01-cv-10082 As of: 09/23/2008 03:07 PM EDT 1 of 6
U.S. District Court Southern District of Florida (Key West) CIVIL DOCKET FOR CASE #: 4:01−cv−10082−JCP

CLOSED

Equal Employment v. Marine Bank Fl. Keys Assigned to: Senior Judge James C. Paine Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 07/24/2001 Date Terminated: 01/14/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Lauren Ann Greenbaum Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami , FL 33131−2483 305−530−6005 Fax: 536−4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Marine Bank of the Florida Keys

represented by Irving M. Miller Akerman Senterfitt Suntrust International Center 1 SE 3rd Avenue 28th Floor Miami , FL 33131−1714 305−374−5600 Fax: 374−5095 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judd J. Goldberg 10110 E. Broadview Drive Bay Harbor Islands , FL 33154 305−588−1678 Fax: 305−868−3751 Email: jjgoldberg1@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Megan Jeannine Knight−Facey NBC Universal 100 Universal City Plaza Bldg. 1320E, Suite 1B Universal City , CA 91608 (818) 777−8358 Fax: (818) 866−2549 Email: megan.knight−facey@nbcuni.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Muslima Lewis Akerman Senterfitt Suntrust International Center 1 SE 3rd Avenue

Case: 4:01-cv-10082 As of: 09/23/2008 03:07 PM EDT 2 of 6

28th Floor Miami , FL 33131−1714 305−374−5600 Fax: 374−5095 Email: mlewis@aclufl.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Carrie A. Bauman

represented by Ian G. Osur 9350 S Dixie Highway Miami , FL 33156 305−670−7737 Fax: 670−7735 Email: ianosur@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Kim Marie Reemer

represented by Ian G. Osur (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Defendant Marine Bank of the Florida Keys
Intervenor Plaintiff Carrie A. Bauman
Intervenor Plaintiff Kim Marie Remer

represented by Irving M. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Megan Jeannine Knight−Facey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ian G. Osur (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ian G. Osur (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Defendant Marine Bank of the Florida Keys

represented by Irving M. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Megan Jeannine Knight−Facey (See above for address) LEAD ATTORNEY

Case: 4:01-cv-10082 As of: 09/23/2008 03:07 PM EDT 3 of 6 ATTORNEY TO BE NOTICED

Date Filed 07/24/2001 07/24/2001 10/11/2001 10/11/2001
10/19/2001 10/22/2001 11/02/2001 11/13/2001
11/20/2001 11/27/2001
11/29/2001 11/29/2001 12/04/2001
12/06/2001 12/06/2001

#

Docket Text

1 COMPLAINT− JURY TRIAL DEMAND −INJUNTIVE RELEF SOUGHT filed; FILING FEE WAIVED; Magistrate Judge A−7 (Former Deputy Clerk) (Entered: 07/27/2001)

2 SUMMONS(ES) issued for Marine Bank Fl. Keys (Former Deputy Clerk) (Entered: 07/27/2001)

3 NOTICE of filing executed waiver of service of summons, ` by Equal Employment (Former Deputy Clerk) (Entered: 10/12/2001)

4 Waiver of service executed by Marine Bank Fl. Keys (Attorney Irving M. Miller)8/23/01 Answer due by 10/22/01 for Marine Bank Fl. Keys (Former Deputy Clerk) Modified on 10/12/2001 (Entered: 10/12/2001)

5 MOTION with memorandum in support to intervene by Carrie A. Bauman, Kim Marie Remer (at, Deputy Clerk) (Entered: 10/22/2001)

6 Answer and affirmative defenses by Marine Bank Fl. Keys (Attorney Megan Jeannine Knight), (Former Deputy Clerk) (Entered: 10/23/2001)

7 RESPONSE by Marine Bank Fl. Keys to [5−1] motion to intervene by Carrie A. Bauman, Kim Marie Remer (Former Deputy Clerk) (Entered: 11/06/2001)

8 REPLY by Carrie A. Bauman, Kim Marie Remer to response to [5−1] motion to intervene by Carrie A. Bauman, Kim Marie Remer (Former Deputy Clerk) (Entered: 11/15/2001)

9 Joint Scheduling Report of Scheduling Meeting by Equal Employment, Marine Bank Fl. Keys (Former Deputy Clerk) (Entered: 11/20/2001)

10 ORDER GRANTING IN PART MOTION TO INTERVENE: ORDER granting in part, denying in part [5−1] motion to intervene by Carrie A. Bauman, Kim Marie Remer (Signed by Judge James C. Paine on 11/26/01) [EOD Date: 11/28/01] (Former Deputy Clerk) (Entered: 11/28/2001)

11 MOTION by Marine Bank Fl. Keys for Michael L. Stefani to appear pro hac vice (Former Deputy Clerk) (Entered: 11/30/2001)

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 715430 (Former Deputy Clerk) (Entered: 11/30/2001)

12 ORDER GRANTING PRO HAC VICE APPEARANCE:ORDER granting [11−1] motion for Michael L. Stefani to appear pro hac vice (Signed by Judge James C. Paine on 12/9/01) [EOD Date: 12/5/01] (Former Deputy Clerk) (Entered: 12/05/2001)

13 Intervenor's COMPLAINT by Carrie A. Bauman, Kim Marie Reemer against Marine Bank Fl. Keys (Former Deputy Clerk) (Entered: 12/06/2001)

13 DEMAND for jury trial by Carrie A. Bauman, Kim Marie Reemer (Former Deputy Clerk) (Entered: 12/06/2001)

Case: 4:01-cv-10082 As of: 09/23/2008 03:07 PM EDT 4 of 6

12/06/2001 12/06/2001 12/19/2001 04/17/2002 04/17/2002
05/03/2002 05/03/2002 05/09/2002 05/09/2002 09/10/2002 11/01/2002 11/04/2002 11/04/2002 11/06/2002

14 Intervenor's COMPLAINT by Carrie A. Bauman, Kim Marie Remer against Marine Bank Fl. Keys (at, Deputy Clerk) (Entered: 12/07/2001)
14 DEMAND for jury trial by Carrie A. Bauman, Kim Marie Reemer (at, Deputy Clerk) (Entered: 12/07/2001)
15 Answer and affirmative defenses by Marine Bank Fl. Keys (Attorney Judd J. Goldberg), (Former Deputy Clerk) (Entered: 12/20/2001)
16 ORDER MANDATING MEDIATION referring case to mediation. 15 days to appoint mediator (Signed by Judge James C. Paine on 4/17/02) [EOD Date: 4/18/02] (at, Deputy Clerk) (Entered: 04/18/2002)
17 ORDER SETTING JURY TRIAL AND DIRECTING PRETRIAL PROCEDURES Deadline for filing of All Pretrial motions by 12/13/02 A Jury Trial is set for 9:30 a.m. on 2/18/03 at 301 Simonton Street Key West FL; Pretrial Stipulation due on or before 1/20/03; A Calendar Call will be conducted at 8:30 a.m. on 1/23/03; Discovery Deadline for 12/4/02 (Signed by Judge James C. Paine on 4/17/02) [EOD Date: 4/18/02] CCAP (at, Deputy Clerk) (Entered: 04/18/2002)
18 MOTION by Marine Bank Fl. Keys for Muslima Lewis to appear pro hac vice (Former Deputy Clerk) (Entered: 05/06/2002)
Filing Fee Paid; FILING FEE $75.00 RECEIPT #716252 for Attorney Muslima Lewis (Former Deputy Clerk) (Entered: 05/06/2002)
19 NOTICE of selection of Karen Evans as Mediator by Equal Employment (at, Deputy Clerk) (Entered: 05/09/2002)
20 ORDER GRANTING PRO HAC VICE APPEARANCE granting [18−1] motion for Muslima Lewis to appear pro hac vice (Signed by Judge James C. Paine on 5/9/02) [EOD Date: 5/10/02] (at, Deputy Clerk) (Entered: 05/10/2002)
21 CROSS NOTICE by Carrie A. Bauman, Kim Marie Remer to take deposition of Mary Thacker and George Yatrousis on 9/18/02 at 9:00 AM and 3:00 PM (at, Deputy Clerk) (Entered: 09/11/2002)
22 UNOPPOSED MOTION by Marine Bank Fl. Keys to extend time of discovery to permit exchange of expert witness reports (at, Deputy Clerk) (Entered: 11/04/2002)
23 NOTICE OF CALENDAR CALL set Calendar Call for 8:30 AM on 1/23/03 before Judge James C. Paine (at, Deputy Clerk) (Entered: 11/05/2002)
24 MOTION by Equal Employment to compel finanicl worth discovery (Former Deputy Clerk) (Entered: 11/05/2002)
25 ORDER ON DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF DISCOVERY DEADLINE TO PERMIT EXCHANGE OF EXPERT WITNESS REPORTS granting [22−1] motion to extend time of discovery to permit exchange of expert witness reports. Defendant Marine Bank of the Florida Keys shall serve its expert witness summaries or reports by 11/8/02. Plaintiff Equal Employment Opportunity Commission and Intervenors shall serve their respective rebuttal expert witness summaries or reports by 12/08/02. Except as otherwise ordered herein,

Case: 4:01-cv-10082 As of: 09/23/2008 03:07 PM EDT 5 of 6

11/07/2002 11/12/2002 11/14/2002 11/14/2002 11/20/2002 11/29/2002
12/02/2002 12/09/2002 12/10/2002
12/12/2002 12/16/2002

discovery in this case shall be completed by 12/04/02. (Signed by Judge James C. Paine on 11/05/02) [EOD Date: 11/7/02] (at, Deputy Clerk) (Entered: 11/07/2002)
26 NOTICE of adoption of [24−1] motion to compel finanicl worth discovery by Carrie A. Bauman, Kim Marie Remer (at, Deputy Clerk) (Entered: 11/08/2002)
27 NOTICE of filing expert witness reports, by Marine Bank Fl. Keys (Former Deputy Clerk) (Entered: 11/13/2002)
28 ORDER SCHEDULING MEDIATION before Mediator: for 11/07/02 at 9:00 AM (Signed by Judge James C. Paine on 11/14/02) [EOD Date: 11/15/02] (at, Deputy Clerk) (Entered: 11/15/2002)
29 SUGGESTION OF MOOTNESS ON PLAINTIFF'S MOTION TO COMPEL FINANCIAL WORTH DISCOVERY by Marine Bank Fl. Keys (at, Deputy Clerk) (Entered: 11/15/2002)
30 MOTION with memorandum in support by Marine Bank Fl. Keys to compel plaintiff and intervenors to produce records of Dr. Jeffrey Bennett, Dr. William Chambers and Dr. Diane Saleeby , or in the alternative to exclude such treating physicians/phychotherapists' records and testimony from use as evidence at trial (at, Deputy Clerk) (Entered: 11/21/2002)
31 SUGGESTION OF MOOTNESS REGARDING DEFENDANT'S MOTION TO COMPEL PLAINTIFF AND INTERVENORS TO PRODUCE RECORDS OF DR JEFFREY BENNETT, DR WILLIAM CHAMBERS AND DR. DIANE SALEEBY GARDNER OR IN THE ALTERNATIVE TO EXCLUDE SUCH TREATING PHYSICIANS'/PSYCHOTERAPISTS' RECORDS AND TESTIMONY FROM USE AS EVIDENCE AT TRIAL by Equal Employment, Carrie A. Bauman, Kim Marie Remer (at, Deputy Clerk) (Entered: 12/02/2002)
32 RESPONSE by Marine Bank Fl. Keys in opposition to [31−1] notice (at, Deputy Clerk) (Entered: 12/03/2002)
33 ORDER DENYING AS MOOT PLAINTIFF'S MOTION TO COMPEL FINANCIAL WORTH DISCOVERY denying [24−1] motion to compel financial worth discovery is DENIED AS MOOT. (Signed by Judge James C. Paine on 12/6/02) [EOD Date: 12/10/02] (at, Deputy Clerk) (Entered: 12/10/2002)
34 ORDER EXTENDING DEADLINE FOR RESPONSES TO THE MOTION TO COMPEL OR EXCLUDE Response to motion reset to 12/12/02 for [30−1] motion to compel plaintiff and intervenors to produce records of Dr. Jeffrey Bennett, Dr. William Chambers and Diane Saleeby, reset to 12/12/02 for [30−2] motion to exclude such treating physicians/phychotherapists' records and testimony from use as evidence at trial (Signed by Judge James C. Paine on 12/9/02) [EOD Date: 12/11/02] (at, Deputy Clerk) (Entered: 12/11/2002)
35 UNOPPOSED MOTION by Equal Employment to extend time to respond to defendant's motion to compel plaintiff to produce records (at, Deputy Clerk) (Entered: 12/13/2002)
36 ORDER granting [35−1] motion to extend time to respond to defendant's motion to compel plaintiff to produce records Response to motion reset to 12/26/02 for [30−1] motion to

Case: 4:01-cv-10082 As of: 09/23/2008 03:07 PM EDT 6 of 6

12/18/2002 01/09/2003 01/14/2003
01/14/2003

compel plaintiff and intervenors to produce records of Dr. Jeffrey Bennett, Dr. William Chambers and Dr. Diane Saleeby (Signed by Judge James C. Paine on 12/16/02) [EOD Date: 12/16/02] (at, Deputy Clerk) (Entered: 12/16/2002)
37 NOTICE of FILING OF CONSENT DECREE by Equal Employment (at, Deputy Clerk) (Entered: 12/19/2002)
38 NOTICE OF COURTROOM CHANGE set Calendar Call for 8:30 a.m. on 1/23/03 before Judge James C. Paine (Note that the Courtroom has been changed from the North Courtroom at 300 NE 1st Avenue to the Fourth Floor Courtroom at 301 North Miami Avenue) (at, Deputy Clerk) (Entered: 01/09/2003)
39 ORDER ADOPTING CONSENT DECREE AND ORDER OF DISMISSAL granting [37−1] notice. This action is DISMISSED WITH PREJUDICE. The Court will retain jurisdiction for the limited purpose of the enforcement of the Consent Decree, should enforcement become necessary. This case is CLOSED. All motions not otherwise ruled upon are DENIED AS MOOT. (Signed by Judge James C. Paine on 1/13/03) [EOD Date: 1/15/03] (at, Deputy Clerk) (Entered: 01/15/2003)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (at, Deputy Clerk) (Entered: 01/15/2003)

 
 THREE FLORIDA EMPLOYERS TO PAY TOTAL OF $570,000 FO...

http://www.eeoc.gov/press/3-18-03.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE March 18, 2003

CONTACT: Federico Costales Miami District Director (305) 530-6060
Delner Franklin-Thomas Miami Regional Attorney (305) 530-6001
Michael J. Farrell Supervisory Trial Attorney (305) 530-6008 TTY: (305) 536-5721

Three Florida Employers to Pay Total of $570,000 for Unlawful Retaliation, in EEOC Settlements
Discrimination Cases Span State from Jacksonville to Tampa to Florida Keys
MIAMI - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of three recent retaliation lawsuits against Florida employers filed under Title VII of the Civil Rights Act of 1964, netting a combined total of $570,000 for charging parties as well as significant injunctive and remedial relief. The settlements occurred on March 3, 2003, against GeoLogistics Americas, Inc. of Jacksonville for $100,000, in January 2003 against the Marine Bank of the Florida Keys for $220,000, and in late December 2002 against Norstan Apparel Shops, Inc. of Tampa for $250,000. All three suits were filed after the EEOC exhausted its conciliation efforts to reach voluntary pre-litigation settlements, after investigating each case and finding that discrimination took place.
"These cases all involved allegations of discriminatory discharge of employees for exercising federally protected rights," said Delner Franklin-Thomas, Regional Attorney for the EEOC's Miami District Office, which has jurisdiction over Florida. "Retaliating against employees for complaining about what they reasonably believed to be employment discrimination is completely contrary to federal law. The settlement of these lawsuits should remind employers that retaliation is unlawful and will not be tolerated by the EEOC."
The EEOC's suit against GeoLogistics Americas, Inc. (Civil Action No. 3:01-CV-216-J-32TEM) alleged that the Branch Manager in Jacksonville fired a female employee in retaliation for exercising her right to complain of what she reasonably believed to be gender discrimination. Specifically, she complained that GeoLogistics provided forklift training and certification to the male employees required to lift the same heavy freight from one area of the company's warehouse to another, but consistently denied her requests for such training and certification because of her sex.
An order adopting a Consent Decree, signed by United States District Court Judge Timothy J. Corrigan, finally brought the litigation to closure on March 3 and required GeoLogistics to pay $100,000 to the female employee. In addition to the payment of monetary relief, the Consent Decree required GeoLogistics to employ injunctive measures during the next three years, including:
The distribution and posting of an anti-discrimination policy to all employees;
Annual training of its managers on Title VII retaliation by experienced employment trainers; and
Semi-annual reporting to EEOC regarding its compliance process.
The Commission will monitor GeoLogistics' compliance with all provisions of the Consent Decree throughout its three year duration.
In January of this year, the EEOC's Miami office settled a similar lawsuit against Marine Bank of the Florida Keys (Case No. 01-10082-CIV-PAINE). In that case, the EEOC charged the company with allowing a vice president's sexually offensive conduct to go unchecked and subsequently terminating one of the female employees for complaining about the sexually offensive conduct. The Marine Bank litigation was resolved with the company agreeing to pay two claimants $220,000 as well as agreeing to implement extensive

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THREE FLORIDA EMPLOYERS TO PAY TOTAL OF $570,000 FO...

http://www.eeoc.gov/press/3-18-03.html

injunctive relief, including annual training at all of its facilities in the state of Florida for both management and supervisory employees, a laminated notice posting, and semi-annual monitoring reports.
Similarly, in late December 2002, the federal agency's Miami office successfully secured substantial injunctive relief, and $250,000 in monetary relief, including back pay and compensatory damages for a female manager who worked for Norstan Apparel Shops, Inc. in Tampa (Case No. 8:01-CV-379-T-26EAJ). EEOC's lawsuit contended that the store manager was fired for complaining to district managers about the sexual harassment that female employees under her supervision suffered at the hand of another male manager.
Federico Costales, Director of the EEOC's Miami District Office, said: "We are satisfied that the injunctive measures required by all three Consent Decrees will ensure that preventive measures are in place to protect the rights of other employees in the workplace." He added that he would like to see more employers set in place preventive measure that will advance the eradication of discrimination in the workplace, especially for retaliation which is on the rise nationally.
Costales noted that retaliation charge filings with the EEOC nationwide have sharply increased by 33% from 17,070 filings in Fiscal Year 1995 to 22,768 filings in FY 2002. In Florida, there were 1,725 retaliation filings in FY 2002, accounting for 29% of all discrimination charge filings in the state. Most charges filed with the EEOC in which merit is found are resolved through conciliation and voluntary pre-litigation settlements.
In addition to enforcing Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on national origin, sex (including pregnancy and sexual harassment), race, color, religion, and retaliation, the EEOC enforces the Age Discrimination in Employment Act of 1967; The Equal Pay Act of 1963; the Rehabilitation Act of 1973; Title I of the Americans with Disabilities Act of 1990; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on its web site at www.eeoc.gov.
This page was last modified on March 18, 2003.

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