Case 1:02-cv-22913-DLG Document 1 Entered on FLSD Docket 10/01/2002 Page 1 of 6

INTHEUNITEDSTATESD<t2:Tc~ 913
AHAM FOR THE SOUTHERN DISTRICT ~tllf~R
CIVIL ACTION NO.:

UNITED STATES EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

V.

)

)

CEDARS HEALTHCARE GROUP, LTD., d/b/a )

COLUMBIA CEDARS MEDICAL CENTER, )

)

_______________D_e_fe_n_da_n_t.____________))

_MAGISTRATE JUOOE
£:~::~;.-: . " GARBER

NATURE OF THE ACTION This is an action under Title I of the Americans With Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of disability, and to provide appropriate relief to Heather Rockcastle who was adversely affected by such practices. As stated with greater particularity in paragraph 8 below, the Equal Employment Opportunity Commission (hereinafter "EEOC" or the "Commission") alleges that Defendant, Cedars Healthcare Group, Ltd., d/b/a Columbia Cedars Medical Center (hereinafter "Cedars" or the "Employer"), failed to provide Heather Rockcastle, a qualified individual with a disability, with a reasonable accommodation. The Commission further alleges that Heather Rockcastle was tenninated by Defendant because of her disability.

Case 1:02-cv-22913-DLG Document 1 Entered on FLSD Docket 10/01/2002 Page 2 of 6
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 Section107 (a) ofthe Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Section 706(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S. C. § 2000e-5(f)(1) and (3) and pursuant to§ 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 ofthe United States District Court for the Southern District ofFlorida, Miami Division.
PARTIES 3. Plaintiff, the EEOC, is the agency of the United States of America charged with the administration, interpretation and enforcement ofTitle I of the ADA, and is expressly authorized to bring this action by Section 107(a) ofthe ADA, 42 U.S.C. § 12117 (a), which incorporates by reference Section 706(f)(l) and (3) ofTitle VII, 42 U.S.C. § 2000e-S(f)(1) and (3) and pursuant to § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 4. At all relevant times, Defendant Cedars has been a Florida limited partnership doing business in the State of Florida and the City of Miami, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Cedars has continuously been an emp Ioyer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) ofthe ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 6. At all relevant times, Defendant has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
2

Case 1:02-cv-22913-DLG Document 1 Entered on FLSD Docket 10/01/2002 Page 3 of 6
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution ofthis lawsuit, Heather Rockcastle filed a charge with the Commission alleging violations of Title I of the ADA by Defendant Cedars. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least January, 1997, Defendant Cedars has engaged in unlawful employment practices at its Miami, Florida facility, in violation of Section 102 of Title I of the ADA, 42 U.S.C. § 12112.
a) Heather Rockcastle requested that Defendant Cedars provide her with a reasonable accommodation for her disability. Defendant Cedars refused to provide Ms. Rockcastle with any reasonable accommodation for her disability.
b) Defendant Cedars terminated Ms. Rockcastle's employment because of her disability.
9. The effect of the practices complained of in paragraph 8 above has been to deprive Heather Rockcastle of equal employment opportunities and otherwise adversely affect her status as an employee because of her disability.
10. The unlawful employment practices complained of in paragraph 8 above were intentional.
11. The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Heather Rockcastle.
3

Case 1:02-cv-22913-DLG Document 1 Entered on FLSD Docket 10/01/2002 Page 4 of 6
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Cedars, its officers, successors, assigns, and all persons in active concert or participation with it, from refusing to provide reasonable accommodation to qualified individuals with disabilities, discharging qualified individuals because of a disability and engaging in any other employment practice which discriminates on the basis of disability. B. Order Defendant Cedars to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Cedars to make whole Heather Rockcastle by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices including, but not limited to, reinstatement ofHeather Rockcastle, rightful place promotion and/or front pay. D. Order Defendant Cedars to make whole Heather Rockcastle by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 8 above including, but not limited to, out ofpocket losses suffered by Heather Rockcastle such as medical, job search, relocation and transportation expenses, in amounts to be determined at trial. E. Order Defendant Cedars to make whole Heather Rockcastle by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including but not limited to, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and humiliation, in amounts to be
4

Case 1:02-cv-22913-DLG Document 1 Entered on FLSD Docket 10/01/2002 Page 5 of 6

determined at trial. F. Order Defendant Cedars to pay Heather Rockcastle punitive damages for its malicious
and reckless conduct, as described in paragraph 8 above, in amounts to be determined at trial.

G. interest.
H.

Grant such further relief as the Court deems necessary and proper in the public Award the Commission its costs in this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully Submitted, NICHOLAS M. INZEO Acting Deputy General Counsel

GWENDOLYN Y. REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney

MICHAEL FARRELL Supervisory Trial Attorney

~~;, Trial Attorney Florida Bar Number 0955876 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION One Biscayne Tower- Two South Biscayne Blvd. Miami, Florida 33131 Telephone: (305) 530-6010 Facsimile: (305) 536-4494

5

JS 44 (Rev.

1C2a/9s6)e

1:02-cv-22913-DLG

DocCumIVenItL1 COEnVteEreRd onSFHLSEDEDTocket 10/01/2002

Page 6 of 6

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 reqt.*ed 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 fer the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS
u.s. Fqual Enploynent ~rtunity Coomission

H! 1 U.S. Government
Plaintiff

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

Citizen of This State

01 01

o 2 U.S. Government

o 4 Diversity

Citizen of Another State o 2 02

OS

Defendant

(Indicate Citizenship of Par1ies

in Item Ill)

Citizen or Subject of a o 3 o 3

08

Foreign Country

IV. ORIGIN
K 1 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 s another district
(specify)

o 1 Multidistrict
Litigation

c..> AJpMpe~alf\r::o) mDis1ri:lt
0 7 agistrate 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

BQ 110 Agricunure

0 422 Appeal 28 usc 158 0 400 Stale Reapportionment

0 120 Marine

0 :no Airplane

0 312 ~InJury -

BO 120 Other Food & Drug

0 410 Anlllrust

0 130 Miller Act

0 315 Airplane PrOduct

Mecl. Malpractice

BO 125 Drug Related Seizure 0 423 WKhdrawal

0 430 Banl<s and Banking

0 140 Negotiable Instrument
0 1SO RecOYery ol Overpayment
& Enforcement of Judgment

Liability
0 320 Assault. Ubel &
Slander

0 315 PeiSOIIaJ Injury PrOduct Liability
0 311 Asbestos Personal

of Propeny 21 USC 881

28 usc 157

eo 130 Liquor Laws eo MO RR & Truck

A PROPERTY RIGHTS

BO 450 Commerce/ICC Raleslelc
0 410 Deportation 0 470 Racketeer Influenced Uld

0 151 Medicare Act
Be 152 Recovery ol Defaulted Student LOGns •Excl Veteransl

0 330 Federal Employers
Uablllty
0 340 Manne I 0 :a-45 Manne ProduC1

InJury Product Llabllny
PERSONAL PROPERTY 0 370 Other Fraud

B0 ISO Air11ne Regs.
B0 MO Occupallonal Safety/Heanh
eo Ito Other

0 120 Copyrights 0 130 Patent 0 MO Trademark

Corrupt Organlzallons
0 110 Selective Service 0 ISO Securttie<JCommOdnl&s/
Exchange

B 0 153 Recovery of Overpayment

Liability

0 371 Truth In Lending

0 175 Customer Challenge

of Veteran s Benefits 0 110 Stockholders· Suits

I 0 3SO Motor Ven1cle 0 355 Motor Ven1c1e

0 310 Olher Personal Propeny Damage

A LABOR

B SOCIAL SECURITY

12 usc 3410

0 lt1 Agrlcunural Acts

0 110 Olner Contract ;:; 115 Contract PrOduct Liability
A REAL PROPERTY

I
I
i

PrOduct Uab11ity

0 :MS Propeny Damage

0 310 Other Personal lnrury

Product Liability

I

A CIVIL RIGHTS , PRISONER PETITIONS

0 710 Fair Labor StandardS
Act
C 720 Labor.'Mgmt Relations

I 0 1161 HIA (139511)
0 1162 Black Lung (g23i
I 0 113 -:JIWC/DIWW t405(gl!
I 0 164 :.SID Tnle XVI

c -u 2 1 0
80 220
8 230
0 240 0 245
o 0 210

at --------+-------------_,~~~~~~~~

Land ondemnat1on Foreclosure

I

0 441 Voting 442 Employment

e 0 510 Mot1ons to Vacate
Sentence

Rent Lease & Ejectment Torts to Land Ton PrOduct Uablllty All Other Real Propeny

0 443 Housing/
AccommOdaliQns
0 444 WeWare 0 440 Other Civil Rights

HABEAS CORPUS:
e 0 530 General
A0 535 Death Penalty 8 0 540 Mandamus & Other 8 0 550 CMI Rights

0 0 0 ,.0

730 740 7to 711

B 555 Prison Condnron

Labor/Mgmt Reporting & Disclosure Act Railway Labor Act
Other Labor LniQallon
Empl. Reline. Security Act

! 0 1165 ~51 i4051gll
FEDERAL TAX SUITS
A(J 170 Taxes (U.S. Plalntlll or Oelendanl)
"0 171 IRS - Third Pany
26USC7609 -

0 112 Econom1c StabiliZation AC1 0 113 Environmental Mailers 0 IM Energy Allocation Act 0 115 Freedom or
Information Act 0 100 Appeal ol Fee Determinat1or>
Under Equal Access to Justice
0 ISO Constnutronarlty a1 Stale Slatutes
0 Ito Olher Statutory Actions AORB

an VI. CAUSE OF ACTION .oF. (CITE THEus crvrL sTATUTE uNDER WHrcH vou ARE FruNG A~ BRIEF sTATEMENT CAus~ •....,;r

T. t l e I f the )\~.,.....;·can

DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) Tlll.S 1S

aCt:J..OJl wJUer J..

0

nan:::;.&.-'-'

f

with Disabilities Act of

1990 and Title

I

t h e o f

Civil Rights

Act of

1991,

to correct m1lawful.

on and Heather LE~~t practices

the basis of disability,

to provide appropriate relief to

was adverse! by who via___5_days estimated (for both sides lo try entire case) Rockcastle

y affected

such practices.

VII. REQUESTED IN COMPLAINT:

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

DEMAND $

CHECK YES only if demanded in complaint

......_.s

JURY DEMAND: .__."

o NO

VIII. IRFEALNATYED CASE(S)

(See instructions):
JUDGE_ _ _ _ _ _ _ _ _ _ _ _ _ _ __

DOCKET NUMBER _ _ _ _ _ _ _ _ _ _ ___

RECEIPT 1 1 - - - - - - AMOUNT_ _ _ _ _ _ APPLYING I F P . - - - - - - J U D G E - - - - - - - - - - MAG. J U D G E - - - - - - - - - -

 
 Case 1:02-cv-22913-DLG Document 41 Entered on FLSD Docket 09/08/2003 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 02-22913-CN-GRAHAM/GARBER

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

'----..-,

v.

CEDARS HEALTHCARE GROUP, LTD., d/b/a COLUMBIA CEDARS MEDICAL CENTER,

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

THIS CAUSE is before the Court on defendant's ore tenus motion for order to show cause

and to compel Rule 45 production, ore tenus motion to compel discovery, and ore tenus motion to

compel Rule 35 physical examination; and plaintiffs ore tenus motion to take two additional

depositions, all of which the Court heard at the September 5, 2003, discovery motions calendar.

After due consideration, it is

ORDERED that:

(1) Defendant's motion for order to show cause and to compel Rule 45 production is

DEFERRED pending the Court's receipt of documents regarding this request from non-party

UniPrise a United Health Care Company.

(2) Defendant's motion to compel discovery is GRANTED in part, DENIED in part,

DENIED AS MOOT in part, and DEFERRED in part. This motion is DENIED AS MOOT with

respect to documents from the Social Security Administration, because after the September 5 hearing

Case 1:02-cv-22913-DLG Document 41 Entered on FLSD Docket 09/08/2003 Page 2 of 3
the parties settled their dispute regarding those documents. This motion is DEFERRED with respect to documents regarding plaintiffs motorized scooter, pending the Court's ruling on defendant's motion for order to show cause and to compel Rule 45 production. This motion is GRANTED with respect to the financial documents and bank statements that defendant seeks, and plaintiff shall provide those documents to plaintiff within ten (1 0) days of the date of this Order. Finally, this motion is DENIED with respect to defendant's request for information regarding plaintiffs previous settlement agreements. The settlement agreements would be relevant only if Heather Rockcastle testified at trial regarding what she would or would not have done to obtain a motorized scooter. However, such testimony would be irrelevant and inadmissible at trial, as it would not shed light on whether defendant violated the ADA. Therefore, the settlement agreements are also irrelevant to plaintiffs claims.
(3) As the Court stated in open Court at the September 5, 2003, hearing, defendant's motion to compel Rule 35 physical examination is GRANTED.
(4) As the Court stated in open Court at the September 5, 2003, hearing, plaintiffs motion to take two additional depositions is GRANTED.
DONE AND ORDERED in Chambers, Miami, Florida, this 5th day of September, 2003.
BARR .GARBER UNITED STATES MAGISTRATE JUDGE
Copies supplied to: United States District Judge Donald L. Graham Lauren Greenbaum, Esq. Christopher C. Copeland, Esq.
2

Case 1:02-cv-22913-DLG Document 41 Entered on FLSD Docket 09/08/2003 Page 3 of 3 Tami Melgeorge Legal Correspondence Representative/Claims UniPrise a United Health Care Company 4316 Rice Lake Road Duluth, MN 55811
3

 
 Case 1:02-cv-22913-DLG Document 84 Entered on FLSD Docket 12/08/2003 Page 1 of 4
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 02-22913-CIV-Graham/Garber
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
CEDARS HEALTHCARE GROUP, LTO. d/b/a COLUMBIA CEDARS MEDICAL CENTER,
Defendant.
--------------------------~/
ORDER THIS CAUSE is before the Court on the defendant's Motion for Sanctions filed on October 151, 2003, and plaintiff's response thereto. A hearing was held on said motion on October 301h, 2003. The Motion for Sanctions recites a number of failures by the defendant to provide discovery to plaintiff as required by all applicable rules of court. For example, plaintiff withheld furnishing the names of 12 physicians that treated Heather Rockcastle or physicians that assisted her in her various claims for disability benefits. In its first set of interrogatories the defendant sought the identity of any person "whom you believe may have knowledge or information pertaining to any fact alleged in the pleadings." This interrogatory was propounded in january of 2003. In response thereto plaintiff listed 14 persons, none of whom were Ms. Rockcastle's physicians.

Case 1:02-cv-22913-DLG Document 84 Entered on FLSD Docket 12/08/2003 Page 2 of 4
Subsequently, and on or about March 22, 2003, the defendant submitted a second set of interrogatories, seeking to obtain the names of all of the physicians and health care providers that Ms. Rockcastle consulted with regarding her claimed disabilities and to also identify all health care professionals who provided service, care, or treatment to her subsequent to January 1, 1996.
Subsequent discovery received by the defendant revealed that the responses to interrogatories were totally inadequate. Upon defendant's receipt of Rockcastle's Social Security Administration file did the defendant become aware of the names of the physicians in question. Such information was received on September 20, 2003, two days prior to the then set date for discovery cut-off.
Throughout these proceedings delay has been the practice of the plaintiff in complying with its discovery obligations. A further example of such delay relates to the production of Rockcastle's social security file, which had been requested in july of 2003. On September 201h, 2003 the plaintiff furnished defendant with a copy of the social security file which contained numerous documents that were not produced earlier as sought in discovery. At her earlier deposition Rockcastle had testified that she did not recall filling out any forms, forms which were contained in the late-produced social security file.
It is also apparent to this Court that the plaintiff had failed to disclose the names of those physicians who were aware of Rockcastle's claims when they were aware of their identities as revealed in the social security file. Such failure to disclose by the EEOC has greatly impaired the defendant's efforts at defending this cause.
By Judge Graham's Order of November 4, 2003, the trial of this cause has now been 2

Case 1:02-cv-22913-DLG Document 84 Entered on FLSD Docket 12/08/2003 Page 3 of 4
continued to March 1, 2004; discovery was extended to December 1, 2003, and motion cutoff date has been extended to December 15, 2003. Defendant, becoming aware of the identity of Rockcastle's physicians on or about September 20, 2003, has had from that date until December 1, 2003 within which to complete discovery.
Plaintiff's conduct, as set forth above, in addition to other dilatory tactics as set forth in defendant's Motion for Sanctions, convinces this Court that the imposition of sanctions is appropriate. Accordingly, and upon due and careful consideration, it is hereby
ORDERED as follows: 1. That defendant's Motion for Sanctions is GRANTED. 2. That the undersigned recommends to the District judge that the Court, at trial, give an adverse inference instruction to the effect that the jury is free to infer that the 12 physicians identities were not revealed because the plaintiff expected such witnesses to offer testimony adverse to the plaintiff's position in this cause that she was not qualified to perform her job at the defendant Cedars. Such sanction has been considered to be one of the least severe. lmmuno Vital, Inc. v. Telemundo Group, Inc., 203 F.R.D. 561, 574 (S.D.Fia. 2001). See Reillyv. NatwestMarketsGroup, Inc, 181 F.3d. 253,267(2dCir. 1999)whereintheCourt gave an adverse inference instruction arising out of the defendant's delay in handing over files. 3. That plaintiff shall pay the reasonable fees and costs incurred by the defendant in bringing this Motion for Sanctions. Defendant's counsel shall submit to the Court and opposing counsel, on or before 15 days from the receipt of this Order, a statement setting for the time expended in the preparation and presentation of argument on this Motion, together
3

Case 1:02-cv-22913-DLG Document 84 Entered on FLSD Docket 12/08/2003 Page 4 of 4
with a statement as to the hourly rate for legal services. It is further ORDERED that defendant's Motion to Compel regarding Rockcastle's file in her
social security claims matter is DENIED AS MOOT, said file having been produced to defendant by Lyle Lieberman, Esquire, her social security counsel.
DONE AND ORDERED in Chambers at Miami, Florida this 51h day of December, 2003.

Copies furnished to: U.S. District Judge Graham Counsel of record

UNITED STATES MAGISTRATE JUDGE

4

 
 Case 1:02-cv-22913-DLG Document 98 Entered on FLSD Docket 01/30/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO. 02-22913-CIV-GRAHAM/GARBER
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
V.
CEDARS HEALTHCARE GROUP, LTD., d/b/a COLUMBIA CEDARS MEDICAL CENTER,
Defendant.
-----------------------------------I

( -·-
-

ORDER GRANTING MOTION TO COMPEL

This cause came before the Court upon Defendant Cedars Healthcare Group, Ltd., d/b/a

Columbia Cedars Medical Center's Motion to Compel United Healthcare of Florida, to produce

a.~y 7~ documents requested pursuant to a Subpoena previously se,n,ed,

of wblf!i i• -.lied

her~xhibit ""'A," the Court having heard argument on this matter on September 5, 2003,

having taken submissions from nonparty United Healthcare of Florida, and being otherwise duly

advised in the premises, does hereby rule upon Defendant's Motion to Compel production of

documents subpoenaed as follows:

1. Defendant's Motion to Compel the production of documents subpoenaed is

granted. The nonparty United Healthcare of Florida shall within ten days from the date of this

Order provide to counsel for the Defendant the documents subpoenaed. Specifically, United

Healthcare shall provide to counsel for Defendant all documents concerning Heather Rockcastle,

formerly known as Heather Doan, Social Security No.

, covered under Policy Group

Name and Number Cedars Medical Center 34080, including specifically the following: (a) any

and all claim forms submitted to United Healthcare for the period between June 1996 through

WPB#573967.1

Case 1:02-cv-22913-DLG Document 98 Entered on FLSD Docket 01/30/2004 Page 2 of 2

December 1998; (b) any and all requests made or other documents submitted to United

Healthcare by the insured, her physicians or others seeking coverage for and/or payment for

and/or purchase of a wheelchair and/or motorized scooter for the period of June 1996 through

December 1998; (c) any and all documents generated, including responses, denials,

administrative appeals, etc., concerning any and all claims for a wheelchair or motorized scooter;

and (d) any and all documents relied upon by United Healthcare for purposes of denying and/or

subsequently providing a motorized wheelchair.

It is further Ordered, to the extent that such documents have been archived or otherwise

placed in storage, that United Healthcare and/or its representatives, which may hold or maintain

these documents, retrieve all documents and provide them to counsel in the time as set forth

above.

-

Done and Ordered m Chambers at Miami, Florida, this ~- :' -day of

~~'

,2004.

~ ~

BARRY: GARBER
United States Magistrate Judge

Copies furnished to: Christopher C. Copeland, Esq., Carlton Fields, P.A., P.O. Box 150, West Palm Beach, Florida 33402-0150; Fax (561) 659-7368

Michael Farrell, Esq., EEOC, Miami District Office, One Biscayne Tower, Suite 2700, Two South Biscayne Boulevard, Miami, Florida 33131; Fax (305) 536-4494

United Healthcare of Florida, Records Custodian, c/o Registered Agent, CT Corporation System, 1200 South Pine Island Road, Plantation, Florida 33324

Tami Melgeorge, Legal Correspondence Representative/Claims, UniPrise, a United Healthcare Company, 4316 Rice Lake Road, Deluth, MN 55811

WPB#573967.1

2

 
 Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 1 of 19

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
Case No. 02-22913-CIV-GRAHAM/GARBER

g;:) FILED by

D.C.

SEP 27 2004
CLARENCE MADDOX CLERK U. 5. DIST. CT. S. 0. OF FLA. · MIAMI

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

vs.

CEDARS HEALTHCARE GROUP, COLUMBIA CEDARS MEDICAL

LTD., CENTER,

d/b/a

______D_e_f_e_n_d_a_n_t_s_. __________________!

ORDER
THIS CAUSE comes before the Court upon the Defendant Cedars Healthcare Group, Ltd., d/b/a Cedars Medical Center Motion for Summary Judgment and Supporting Memorandum of Law (D.E. 63).
THE COURT has considered the motion, the pertinent portions of the record, and is otherwise fully advised in the premises.
INTRODUCTION
Plaintiff United States Equal Opportunity Commission ("EEOC") brings this action on behalf of Ms. Heather Rockcastle ("Rockcastle"), against Defendant Cedars Healthcare Group, Ltd., d/b/a Cedars Medical Center ("Cedars" or the "Hospital") alleging violations of Title I of the Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.C.12115 and Title VII, 42 U.S.C. § 2000e of

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 2 of 19
the Civil Rights Act of 1991. BACKGROUND
Defendant Cedars is an acute care hospital located in Miami, Florida. At all relevant times, the Hospital has been owned by Defendant. Ms. Rockcastle is a registered nurse by profession and was employed at Cedars from 1995 through September 1997 as Nurse Manager. Ms. Rockcastle was employed on an at-will basis. Prior to working at Cedars, Ms. Rockcastle had undergone total hip replacement surgeries to both her right and left hips. Ms. Rockcastle asserts that physician restrictions placed upon her because of her hip condition rendered her disabled as defined under the ADA.
When Ms. Rockcastle commenced her employment at Cedars, she had recently undergone hip replacement surgery which limited her ability to walk for large amounts of time as well as her ability to lift, push or pull heavy objects. Plaintiff alleges that these restrictions were not actual physical limitations but were placed upon her by her doctors in order to protect and prolong the life of her hips. Additionally, there was an understanding between Cedars and Ms. Rockcastle that these temporary limitations would not prevent her from performing the duties of a Nurse Manger once she recovered from the hip surgery.
Ms. Rockcastle contends that she performed the duties and functions of her job without incident from the time she started in
2

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 3 of 19
1995 the through termination of her employment. In November of 1996, she sought and took an extended medical leave of absence in order to have a revision done to her right hip. She returned to work 13 weeks later in February of 1997. Plaintiff contends that a complication arose post-surgery when her trochanter bone failed to unite and grow back together. This resulted in discomfort and pain to Ms. Rockcastle. In order to correct the non-united trochanter, Ms. Rockcastle underwent an additional surgery in June of 1997. She required, requested and received a second extended medical leave of absence for this surgery.
While Ms. Rockcastle was on leave, a decision at the Hospital was made to close one of the two orthopedic units that she was managing and to relocate another, the medicine unit, to the space adjacent to the remaining orthopedic unit. The Nurse Manager for the medicine unit took over as Nurse Manager for the Orthopedic Unit and Ms. Rockcastle's position was eliminated. On August 14, 1997, Ms. Rockcastle was informed of the decision. She was discharged and paid eight weeks severance pay effective September 1, 1997. Ms. Rockcastle then filed a charge of discrimination with the EEOC alleging that Cedars violated the ADA by failing to accommodate her hip problem, by refusing to provide her with a personalized motorized scooter, and, that the decision to consolidate her position with another was predicated upon disability discrimination.
3

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 4 of 19
Pursuant to Rule 56(a) of the Federal Rules of Civil Procedure, Defendant Cedars filed a Motion for Summary Judgment along with a Memorandum of Law in Support of Its Motion for Summary Judgment. In its original Motion for Summary Judgment, Defendant argued that 1) Defendant is entitled to summary judgment on the failure to accommodate claim because Defendant was not required to provide Ms. Rockcastle with a personal assistive device; 2) Plaintiff cannot establish a prima facie case because Ms. Rockcastle was not "otherwise qualified" to perform the essential duties and functions of her job as Nurse Manager; 3) Defendant is entitled to summary judgment on Plaintiff 1 s Claim for punitive damages under Kolstad v. American Dental Assoc., 527 U.S. 526, 119 S.Ct 2118 (1999); and 4) Plaintiff cannot rebut Cedars legitimate non-discriminatory reasons for its decisions.
On April 12, 2004, Defendant filed a Supplemental Memorandum in Support of its Motion for Summary Judgment and contends that 1) the Plaintiff is judicially estopped from asserting that the motorized scooter sought was anything other than a personal assistive device; and 2) the Defendant is entitled to summary judgment since the accommodation sought was not casually related to the disability at issue. Plaintiff 1 s Response argues that 1) Defendant never engaged in the ADA 1 s Interactive Process; 2) Defendant cannot change the job-related accommodation issue into a "personal item" by manipulating the doctrine of judicial
4

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 5 of 19
estoppel; and 3) the motorized scooter assistive device was
. requested to accommodate the disability at issue .
SUMMARY JUDGMENT STANDARD
Summary judgment may be granted when the evidence in the record establishes that there is no genuine issue of material as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed R. Civ. P. 56 (c). The moving party has the burden of production. See. Adickes v. S.H.Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608 (1970). When a moving party
has met this burden by offering sufficient evidence to support the motion, the party opposing must then respond by attempting to establish the existence of a genuine issue of material fact. See
Adickes, 398 U.S. at 160, 90 S. Ct. at 1609-10.
,,'
In making its determination, the Court must decide which issues are material. The Supreme Court has stated that "(o]nly disputes
over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary
judgment. Factual disputes that are irrelevant or unnecessary will not be counted." Anderson v. Liberty Lobby, Inc., 477 U.S.
242, 106 S. Ct. 2505, 2510 (1986). The Court must also determine whether the dispute about a material fact is indeed genuine. In other words, is the "evidence ... such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. at 248, 106 S. Ct.
5

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 6 of 19
At 2510; Marine Coatings of Alabama, Inc. V. United States, 932 F.2d 1370, 1375 (11th Cir. 1991) (dispute of fact is "genuine" if
the evidence is such that a reasonable jury could return a verdict for the non-moving party) .
Finally, a plaintiff cannot defeat a motion for summary judgment by resting on the conclusory allegations in the pleadings. See Fed. R. Civ. P. 56(e); Anderson v. Liberty Lobby, Inc., 477 U.S. at 248, 106 S. Ct. at 2510. Nor will a summary judgment motion be defeated merely on the basis of a "metaphysical doubt" about the material facts, See Matsushita Electric Industrial Co.v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S. Ct. 1348, 1356 (1986), "or on the basis of conjecture or surmise." Bryant v. Maffucci, 923 F.2d 979, 982 (2nd Cir. 1991), cert. den., 502 U.S. 849, 112 S.Ct
152 (1991).
ADA STANDARD
In order to defeat a motion for summary judgment, the Plaintiff must establish a prima facie case under the ADA by showing: (1) she has a disability; (2) she is a qualified individual; and (3) she was discriminated against because of the disability. 42 U.S.C. § 12132; ~ also, g_,__g_,_, Harris v. H& W Contracting Co., 102 F.3d 561, 519 (11th Cir. 1996).
Ms. Rockcastle's Disability The analysis of the summary judgment motion must begin with the first requirement of the prima facie case under the ADA;
6

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 7 of 19
whether or not Ms. Rockcastle has a disability as defined under the ADA. Under the ADA, the term disability means: (a) a physical or mental impairment that substantially limits one or more of the major life activities of an individual; (b) a record of such an impairment; or, (c) being regarded as having such impairment. 42 U.S.C.A. § 12101(2) (2000); see also, ~' Harris v. H&W Contracting Co., 102 F.3d 561, 569 (11th Cir. 1996). An individual is deemed to be "disabled" for purposes of the ADA if he satisfies any one of these three enumerated definitions. See 29 C.F.R. Part 1630.2 (g) (App.) (2 000) . A physical impairment, standing alone, however, is not necessarily a disability as contemplated by the ADA. See Pritchard v. Southern Company Services, 92 F.3d 1130, 1132 (11th Cir. 1996) . The ADA requires that the impairment substantially limit one or more of the individual's major life activities. See Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 72526 (5th Cir. 1995).
The Plaintiff has demonstrated through the testimony of Ms. Rockcastle and various doctors, as well as through supporting documents, that Ms. Rockcastle has an ongoing disability in the form of her many hip replacement surgeries that has severely limited her ability to walk for a lengthy amount of time. Further, the record indicates that Ms. Rockcastle is restricted by her doctors from lifting, pulling, bending or stooping on a regular basis. Accordingly, the Court finds that the EEOC has met the
7

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 8 of 19 first element of the prima facie case for a disability discrimination action under the ADA.
_,
:~ J
8

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 9 of 19
Ms. Rockcastle as Qualified Individual Having determined that the Plaintiff has met the first element of its prima facie case, the Court now turns to whether or not the Ms. Rockcastle is a "qualified individual." Determining whether an individual is "qualified" for a job is a two-step process. See 29 C.F.R. Part 1630.2(m) (App.) (2000); see also Reed v. The Heil Company, 206 F.3d 1055, 1062 (11th Cir. 2000). The first step is to determine if Plaintiff satisfies the prerequisites for the position. This requires a court to take into account whether or not the Plaintiff has the necessary skills and experience, the required educational background, or the necessary licenses for the job. Id. The second step is to determine whether Ms. Rockcastle can perform the essential functions of Nurse Manager, either with or without reasonable accommodations. Id. Defendant contends summary judgment should be awarded on the basis that Plaintiff EEOC has not proven Ms. Rockcastle is a "qualified individual" as she was unable to perform the essential duties of her position as Nurse Manager. The term "qualified individual" is defined by 28 U.S.C. § 1211(8) as "an individual who with or without reasonable accommodation can perform the essential functions of the employment position such that individual holds or desires." A "qualified individual with a disability" is "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the
9

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 10 of 19

employment position that such individual holds or desires." Davis

v. Fla. Power & Light Co., 205 F.3d 1301, 1305 (11th Cir. 2000)

(quoting 42 U.S.C. § 12111(8)). Thus, Plaintiff must show "either

that [Ms. Rockcastle] can perform the essential functions of [her]

job without accommodation, or, failing that, show that [she] can

perform the essential functions of her job with a reasonable

accommodation." Id.

"[C]onsideration shall be given to the employer's judgment as

to what functions of a job are essential, and if an employer has

prepared a written description before advertising or interviewing

applicants for the job, this descriptor shall be considered

evidence of the essential functions of the job." 42 U.S. C. §

12111(8). The regulation also sets forth a non-exhaustive list of

factors a court may consider when considering whether a particular

-[

function is essential: (I) The employer's judgment as to which

functions are essential; (ii) Written job descriptions prepared

before advertising or interviewing applicants for the job; (iii)

The amount of time spent on the job performing the function; (iv)

The consequences of not requiring the incumbent to perform the

function;

(vi) The work experience of past incumbents in the

job; and/or (vii) The current work experience of incumbents in

similar jobs. 29 C.F.R. § 1630.2 (n) (3). See Reynolds v. Intl.

Business Machines Corp.

This Court relies on a number of exhibits and the parties'

10

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 11 of 19
testimony in making a determination regarding the duties of a Nurse Manager at Cedars. Defendant's own document of Plaintiff's position description describes the physical demands of the position: "Describe significant physical exertion as it relates to specific functions of the positions. May include walking, standing, sitting, lifting, pushing, pulling, etc." The only requirement listed under this section is that of "No significant physical exertion." Additionally, under the "Essential Functions" section of the job description form, which is notably under section V entitled "Americans with Disabilities Act," many of these essential functions include critical thinking skills, the ability to input data, and to communicate with others.
However, the record is clear that the duties listed above do not fully encompass the essential duties of a Nurse Manger at Cedars. For example, the record indicates that a Nurse Manager is expected to complete patient rounds, accompany physicians to visit patients, and frequently attend meetings around the hospital. Additionally, the physical duties of a Nurse Manager include moving beds, lifting objects, walking patients to particular locations, assisting them out of their beds, disposing of bed pans, and performing basic life support. In fact, Ms. Rockcastle does not deny that direct patient care is an element of the Nurse Manager position. Moreover, there is ample evidence in the record that indicates that other employees in Ms. Rockcastle's position were
11

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 12 of 19
expected to participate in the physical activities listed above. Ms. Rockcastle, therefore, is not a qualified individual under the ADA because Plaintiff cannot show that, at the time Ms. Rockcastle was discharged, she was able to perform the essential functions of the Nurse Manager position, with or without reasonable accommodation. Pouncy v. Vulcan Materials Co., 920 F.Supp. 1566, 1582 (N.D.Ala. 1996); Reynolds, 320 F.Supp.2d 1290, 1306.
Unlawful Discrimination Based Upon Plaintiff's Disability The final essential element of a prima facie case which the
Plaintiff must prove under an ADA claim is that the individual was subjected to unlawful discrimination because of her disability. The Plaintiff must show that the Defendant discriminated against Ms. Rockcastle by eliminating her position and terminating her employment.
Plaintiff has not offered any direct evidence of discrimination based on Ms. Rockcastle's disability. In the absence of direct evidence of discrimination, a plaintiff may establish a prima facie case of discrimination by using the McDonnell-Douglas burden shifting analysis. See Wascura v. City of South Miami, 257 F. 3d 1238, 1242 (11th Cir. 2001); see also Richio v. Miami-Dade County, 163 F.Supp.2d 1352 (S.D. Fla. 2001) . Therefore, when determining whether Ms. Rockcastle was discriminated against based upon that her disability, the burden shifting analysis used in Title VII employment discrimination cases
12

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 13 of 19
applies. Earl v. Mervyns, Inc., 207 F.3d 1361, 1365 (11th Cir. 2000) .
The plaintiff bears the burden of establishing a prima facie case of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). After the plaintiff establishes a prima facie case of discrimination, the burden shifts to the defendant. Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 254, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). Once the burden shifts to the defendant, the defendant is required to show a 11 legitimate nondiscriminatory reason 11 for the alleged discriminatory action. Id. The defendant is only required to produce a nondiscriminatory reason for the alleged discriminatory actions. Id. Defendant is not required to bear the burden of proof. Id. Thus, the burden of production that shifts to the defendant, once a plaintiff has established its prima facie case of discrimination, is 11 exceedingly light 11 and easily established. Perryman v. Johnson Products Co., Inc., 698 F.2d 1138, 1142 (11th Cir. 1983).
Once the defendant satisfies the burden of production, the plaintiff is required to prove by a preponderance of evidence that the defendant employer possessed a discriminatory intent, or that the defendant's alleged nondiscriminatory reason is a mere pretext for the adverse employment action. Texas Dept. Of Community Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 1094 (1981).
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Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 14 of 19
Summary judgment in favor of the defendant is appropriate if the plaintiff is unable to make a sufficient showing to rebut the defendant's proffered reasons for the employment decision. Bogle v. Orange County Board of County Commissioners, 162 F. 3d 653, 658 (11th Cir. 1998); Beno v. United Telephone Co. of Florida, 969 F.Supp. 723, 726 (M.D.Fla. 1997).
Defendant, Cedars, claims that summary judgment should be granted in its favor because the Plaintiff cannot rebut the claim that Cedars had a legitimate, non-discriminatory reason for its decision to terminate Ms. Rockcastle. Defendant contends that as a normal part of its review process, and based upon a decline in patient census in its Orthopedic Units, along with a desire to open a Transitional Care Unit in the hospital, a decision was made by senior administration to close one of Cedars' two Orthopedic Units. In doing so, it was decided that the Medicine Unit, which was located on the seventh floor, would be relocated to the eleventh floor and take the place of the Orthopedic Unit that was closed. Defendant contends that the space made available by such a move would provide space for the new Transitional Care Unit. Additionally, senior administration decided that the Nurse Manager for the Medicine Unit, Terry Lyons, who was also acting as Nurse Manager of the Orthopedic Unit during Ms. Rockcastle's absences, would take over all of the functions of the Nurse Manager position for the remaining Orthopedic Unit and her Medicine Unit as
14

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 15 of 19
combined. Cedars claims that its decision to terminate Ms. Rockcastle
was "like all other hospitals [which] constantly reviews the performance of its various units within the Hospital to ascertain whether it is economically feasible to maintain and/or add services." Cedars claims that its decision" ... made by senior administration to close one of the two 35 bed orthopedic units" was based on an administrative and economic decision for more efficient use of space and resources.
The Plaintiff has responded that the Defendant's proffered reasons for terminating Ms. Rockcastle are merely a pretext. The Plaintiff has produced evidence that when Ms. Rockcastle applied for unemployment benefits after the job elimination, Cedars told the Florida Department of Labor that " the Claimant was considered by the employer to have voluntarily quit for medical reasons when she did not return from a leave of absence." However, after Ms. Rockcastle discovered this denial, she called Cedars who in turn changed its reason to "job elimination."
Plaintiff argues further that additional evidence shows that Cedars may have had ulterior motives for eliminating Ms. Rockcastle's position. Specifically, Plaintiff points to an email sent by Karen Moyer to then Vice-President Elly Howard, on May 7, 2003, where Ms. Moyer writes that " I do not want to grant leave unless absolutely have to ... I prefer that she [Rockcastle] resign
15

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 16 of 19
so that I can fill the job with another manager." Neither of these occurrences, however, provide a sufficient basis for a finding of discriminatory intent.
The Defendant argues, and this Court agrees, that the intent of the hospital administration to permanently remove Rockcastle from her position appears to be legitimate. In fact, Ms. Rockcastle herself testified during her deposition that "we were going through reorganization at Cedars, we were also learning how to become more efficient by using less." The record indicates that nothing was improper or unreasonable about this restructuring and Plaintiff has failed to present sufficient evidence that such restructuring was motivated by a discriminatory intent.
Failure to Accommodate Claim The ADA "imposes upon employers the duty to provide reasonable accommodations for known disabilities unless doing so would result in undue hardship to the employer." Davis v. Fla. Power & Light Co., 205 F.3d 1301, 1305 (11th Cir. 2000) (internal quotation marks omitted). An accommodation may be reasonable, however, only if it "is job-related, e.g. specifically assists the individual in performing the duties of a particular job." 29 C.F.R. § 1630, App. § 1630.9. Thus, generally speaking, an employer is not required to provide an employee with personal i terns such as "a prosthetic limb, wheelchair, or eyeglasses," or "any amenity or convenience that is not job-related." Id.; see also Azrelyant v. The B. Manischewitz
16

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 17 of 19
Co., 2000 WL 264345, at (E.D.N.Y. January 13, 2000) (finding plaintiffs' requests for a TTY telephone, sign language interpreter, and visual fire alarm in the workplace to be unreasonable accommodations because they were not job-related). Additionally, an employer is not obligated to make accommodations that are primarily for the personal benefit of the individual," such as "an adjustment or modification [that will] assist the individual throughout his or her daily activities, on and off the job." 29 C.F.R. § 1630, App. § 1630.9; see also Quintana v. Sound Distrib. Corp., No. 95 CIV.0309 LAP, 1997 WL 40866, (S.D.N.Y. Feb. 3, 1997) (An employer is not required "to make accommodations that are primarily for the [individual's] personal benefit" (internal quotation marks omitted). For example, in Burnett v. Western Resources, Inc., 929 F. Supp. 1349, 1352 (D. Kan. 1996),
Defendant argues that Cedars is not obligated to provide Ms. Rockcastle a motorized scooter or wheelchair under the ADA because it is not a job-related accommodation. Defendant argues that the motorized scooter would provide a personal benefit for Ms. Rockcastle because it will assist her throughout her daily activities, on and off duty. See 29 C.F.R. § 1630, App. § 1630.9. Ms. Rockcastle admits she was seeking the scooter and has in fact used scooters for personal use and activities of daily living outside of the workplace such as when she would have gone to malls or to grocery stores. Ms. Rockcastle's physicians agree that the
17

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 18 of 19
use of a scooter would not only have assisted her at work but in all of her other personal activities of daily living. Defendant argues that since the use of the scooter would have benefited Ms. Rockcastle throughout her daily activities, on and off the job, it was, as defined by the EEOC, a "personal assistive device," and as such, Cedars was under no obligation to provide Ms. Rockcastle with the same.
The Court's decision, however, should be based upon the reasonableness of the accommodation. Based upon this Court's previous finding that even with the accommodation requested, namely the motorized scooter, Ms. Rockcastle would remain unable to adequately complete her duties as a Nurse Manager, the Court must find that in this instance, Cedars' providing a motorized scooter to Ms. Rockcastle would be an unreasonable accommodation. Therefore, this claim must fail.
CONCLUSION Based on the foregoing, it is ORDERED AND ADJUDGED that the Defendant's Motion for Summary Judgment is GRANTED. It is further ORDERED AND ADJUDGED that this case is CLOSED for administrative purposes and any pending motions are DENIED as moot.
18

Case 1:02-cv-22913-DLG Document 132 Entered on FLSD Docket 09/28/2004 Page 19 of 19

SLi DONE AND ORDERED in Chambers at Miami, Florida, this

~ day

-=~'

of September, 2004.

cc: Counsel of Record

JUDGE

19

 
 Case 1:02-cv-22913-DLG Document 156 Entered on FLSD Docket 02/13/2006 Page 1 of 2

United States Court of Appeals

Eleventh Circui t

56 Forsyth Street, N .W .

Atlanta, Georgia 30303

Thomas K. Kahn

For rules and forms visit

Clerk www .call .usco gov

1

January 13, 200 6

APh'c L,;

Clarence Maddox Clerk, U.S. District Court 301 N MIAMI AVE STE 150 MIAMI FL 33128-778 8

C LA RE CLERK
S .D . OF

r(' r, , r)l,3r ; .~ . UI~ ;. CT FLA MIAM I

.

Appeal Number: 05-11171-E E Case Style : U.S.E.E .O.C. v. Cedars Healthcare Group District Court Number: 02-22913 CV-DLG

The enclosed certified copy of this Court's Order of Dismissal is issued as the mandate of this court . See 11th Cir . R. 41-4 . Counsel and pro se parties are advised that pursuan t 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 . "

Sincerely, THOMAS K . KAHN, Clerk Reply To : Brenda Wiegmann (404) 335-6174

Encl .

DIS-4 (3-2005)

Case 1:02-cv-22913-DLG Document 156 Entered on FLSD Docket 02/13/2006 Page 2 of 2

IN THE UNITED STATES COURT yr APP E A E D
U.S. (;cuFrr OF APPEA L FOR THE ELEVENTH CI UIT ELI-~~ ''~fH 91f3Q1J(T-
JAN 1 3 2006
No. 05 -1117 1 -EE

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ,

Plaintiff-Appellant ,

versus

CEDARS HEALTHCARE GROUP, LTD ., d.b .a. Columbia Cedars Medical Center,

Defendant-Appellee .

On Appeal from the United States District Court for the Southern District of Florid a

BEFORE : BLACK and BARKETT, Circuit Judges. BY THE COURT :
Appellant's motion to dismiss this appeal with prejudice, due to se ttlement, with the parties bearing their own costs and atto rney's fees, is GRANTED .
ATrue Copy- wed Clerk, U.S. Court of Appe $
E; a9th Circuit

 
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U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:02-cv-22913-DLG

CLOSED

U.S. - EEOC v. Cedars Healthcare Assigned to: Judge Donald L. Graham Demand: $0 Cause: 28:1331 Fed. Question: Civil Rights Violation

Date Filed: 09/30/2002 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Delner Franklin-Thomas Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6006 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth Lawrence Gillespie Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6006 Fax: 536-4494 TERMINATED: 09/16/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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 TERMINATED: 10/23/2003 LEAD ATTORNEY

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V. Defendant Cedars Healthcare Group, Ltd. doing business as Columbia Cedars Medical Center
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ATTORNEY TO BE NOTICED
Maria Teresa Rodriguez Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6010 Fax: 536-4494 TERMINATED: 03/05/2003 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 TERMINATED: 09/16/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexander D. Del Russo Carlton Fields, P.A. 222 Lakeview Avenue Suite 1400 PO Box 150 West Palm Beach, FL 33402-0150 561-659-7070 Fax: 659-7368 Email: adelrusso@carltonfields.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher Charles Copeland Christopher C Copeland P.A. 4590 PGA Blvd. Suite 204 Palm Beach Gardens, FL 33418 561-691-9048 Fax: 866-259-0719 Email:
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ChrisCopeland@MyFloridaCounsel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Corey Baldwin Collins Carlton Fields Ward Emmanuel Smith & Cutler 222 Lakeview Avenue Suite 1400 PO Box 150 West Palm Beach, FL 33402-0150 561-659-7070 Fax: 659-7368 Email: corey.collins@mastec.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2002 09/30/2002 09/30/2002 01/07/2003 01/07/2003 01/08/2003
01/17/2003 01/24/2003
02/18/2003
02/18/2003

#

Docket Text

1 COMPLAINT filed; FILING FEE : Waived. (wc, Deputy Clerk) (Entered: 10/01/2002)
Magistrate identification: Magistrate Judge Barry L. Garber (wc, Deputy Clerk) (Entered: 10/01/2002)
2 SUMMONS(ES) issued for Cedars Healthcare (wc, Deputy Clerk) (Entered: 10/01/2002)
3 NOTICE of attorney appearance for Cedars Healthcare by Alexander D. Del Russo (dg, Deputy Clerk) (Entered: 01/08/2003)
4 MOTION with memorandum in support by Cedars Healthcare to extend time to answer complaint (dg, Deputy Clerk) (Entered: 01/08/2003)
5 ORDER granting [4-1] motion to extend time to answer complaint reset answer due for 1/17/03 for Cedars Healthcare ( Signed by Judge Donald L. Graham on 1/8/03) [EOD Date: 1/9/03] (tb, Deputy Clerk) (Entered: 01/09/2003)
6 Answer and affirmative defenses by Cedars Healthcare (dg, Deputy Clerk) (Entered: 01/21/2003)
7 ORDER set status conference for 3:35 3/5/03 before Judge Donald L. Graham ( Signed by Judge Donald L. Graham on 1/23/03) [EOD Date: 1/27/03] (tb, Deputy Clerk) (Entered: 01/27/2003)
8 ELECTION to jurisdiction by a U.S. Magistrate Judge for final disposition of motions by U.S. - EEOC, Cedars Healthcare (dg, Deputy Clerk) (Entered: 02/19/2003)
9 JOINT STATUS REPORT by U.S. - EEOC, Cedars Healthcare (dg, Deputy Clerk) (Entered: 02/19/2003)

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02/21/2003 02/26/2003
03/04/2003 03/05/2003 03/05/2003 03/06/2003 03/06/2003 03/06/2003 03/06/2003
04/07/2003 04/07/2003 04/09/2003 04/21/2003 04/25/2003 04/29/2003

10 MOTION by Cedars Healthcare for leave to file to attend status conference by telelphone (tb, Deputy Clerk) (Entered: 02/24/2003)
11 NOTICE/ORDER granting [10-1] motion for leave to file to attend status conference by telelphone reset telphonic status conference for 2:30 3/5/03 before Judge Donald L. Graham (Signed by Judge Donald L. Graham on 2/26/03) [EOD Date: 2/27/03] (dg, Deputy Clerk) Modified on 02/27/2003 (Entered: 02/27/2003)
12 MOTION by U.S. - EEOC to substitute Lauren Greenbaum as Attorney (dg, Deputy Clerk) (Entered: 03/05/2003)
13 ORDER granting [12-1] motion to substitute Lauren Greenbaum as Attorney (Added: Lauren Ann Greenbaum) ( Signed by Judge Donald L. Graham on 3/5/03) [EOD Date: 3/6/03] (dg, Deputy Clerk) (Entered: 03/06/2003)
Status conference held before Judge Donald L. Graham (dg, Deputy Clerk) (Entered: 03/07/2003)
14 Minutes of status conference held before Judge Donald L. Graham on 3/5/03; Court Reporter Name or Tape #: Barbara Medina (dg, Deputy Clerk) (Entered: 03/07/2003)
15 ORDER REFERRING ALL DISCOVERY MOTIONS to Magistrate Judge Garber ( Signed by Judge Donald L. Graham on 3/6/03) CCAP [EOD Date: 3/7/03] (dg, Deputy Clerk) (Entered: 03/07/2003)
16 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Donald L. Graham on 3/6/03) [EOD Date: 3/7/03] (dg, Deputy Clerk) (Entered: 03/07/2003)
17 SCHEDULING ORDER setting Deadline for filing of all motions by 7/21/03 Jury trial set for 10/6/03 Pretrial Stipulation due on or before 8/25/03 Calendar call set for 3:30 10/1/03 Discovery cutoff 7/7/03 ; Pretrial conference for 4:00 9/3/03 ; ( Signed by Judge Donald L. Graham on 3/6/03) [EOD Date: 3/7/03] CCAP (dg, Deputy Clerk) (Entered: 03/07/2003)
18 NOTICE of hearing set for 4/11/03 at 9:30am before Magistrate Judge Garber by Cedars Healthcare (dg, Deputy Clerk) (Entered: 04/08/2003)
19 NOTICE of filing proposed mediation order by U.S. - EEOC (dg, Deputy Clerk) (Entered: 04/08/2003)
20 ORDER SCHEDULING MEDIATION before Mediator: Michael Masinter for 7/8/03 at 10am ( Signed by Judge Donald L. Graham on 4/9/03) [EOD Date: 4/10/03] (dg, Deputy Clerk) (Entered: 04/10/2003)
21 Rule 16.1 Initial Disclosures by Cedars Healthcare (dg, Deputy Clerk) (Entered: 04/22/2003)
22 MOTION with memorandum in support by Cedars Healthcare to extend time to respond to plaintiff's first set of interrogatories (dg, Deputy Clerk) (Entered: 04/28/2003)
23 ORDER granting [22-1] motion to extend time to respond to plaintiff's first set of interrogatories up thru and until 5/3/03 ( Signed by Magistrate Barry L. Garber on

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05/07/2003 05/14/2003 05/22/2003
05/28/2003
05/30/2003 06/10/2003 06/16/2003 06/17/2003 07/03/2003 07/07/2003 08/06/2003 08/22/2003 08/25/2003 08/25/2003 08/27/2003

4/29/03) [EOD Date: 4/30/03] (dg, Deputy Clerk) (Entered: 04/30/2003)
24 NOTICE of service of answer and objections toplaintiff's first set of interrogatories by Cedars Healthcare (ct, Deputy Clerk) (Entered: 05/08/2003)
25 JOINT MOTION by U.S. - EEOC, Cedars Healthcare to extend pretrial deadlines , and to continue trial (dg, Deputy Clerk) (Entered: 05/15/2003)
26 ORDER granting [25-1] joint motion to extend pretrial deadlines and granting [25-2] joint motion to continue trial by sixty days (Signed by Judge Donald L. Graham on 5/21/03) [EOD Date: 5/23/03] (dg, Deputy Clerk) (Entered: 05/23/2003)
27 AMENDED ORDER amending [17-1] Scheduling order reset scheduling order deadlines: Discovery deadline on 9/22/03 Calendar Call set for 3:30 12/17/03 Pretrial conference 4:00 11/19/03 Pretrial stipulation due 11/10/03 Jury Trial 12/22/03 Deadline for filing of all motions by 10/6/03 ( Signed by Judge Donald L. Graham on 5/28/03) [EOD Date: 5/29/03] (dg, Deputy Clerk) (Entered: 05/29/2003)
28 MOTION by Cedars Healthcare for leave to file amendment to answer . Amendment to answer attached as exhibit A. (ct, Deputy Clerk) (Entered: 06/02/2003)
29 ORDER Response to motion reset to 6/17/03 for [28-1] motion for leave to file amendment to answer ( Signed by Judge Donald L. Graham on 6/9/03) [EOD Date: 6/11/03] (dg, Deputy Clerk) (Entered: 06/11/2003)
30 RESPONSE by Cedars Healthcare in support of [28-1] motion for leave to file amendment to answer (tb, Deputy Clerk) (Entered: 06/17/2003)
31 RESPONSE to [29-2] Order by U.S. - EEOC (ct, Deputy Clerk) (Entered: 06/18/2003)
32 NOTICE of filing proposed amended mediation order by U.S. - EEOC (dg, Deputy Clerk) (Entered: 07/07/2003)
33 AMENDED ORDER SCHEDULING MEDIATION before Mediator: for 9/10/03 at 10am ( Signed by Judge Donald L. Graham on 7/7/03) [EOD Date: 7/8/03] (dg, Deputy Clerk) (Entered: 07/08/2003)
34 DISCLOSURE OF EXPERT WITNESSES and exchange of resumes and summaries by Cedars Healthcare (tb, Deputy Clerk) (Entered: 08/07/2003)
35 MOTION by Cedars Healthcare to show cause , and to compel Rule 45 production (dg, Deputy Clerk) (Entered: 08/25/2003)
36 ORDER granting [28-1] motion for leave to file amendment to answer ( Signed by Judge Donald L. Graham on 8/22/03) [EOD Date: 8/26/03] (dg, Deputy Clerk) (Entered: 08/26/2003)
37 AMENDMENT by Cedars Healthcare to: [6-1] answer (dg, Deputy Clerk) (Entered: 08/26/2003)
38 Disclosure of Rebuttal Expert Witness and Exchange of Resume and Summary by Cedars Healthcare (dg, Deputy Clerk) (Entered: 08/28/2003)

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09/02/2003 09/05/2003 09/05/2003 09/05/2003 09/05/2003
09/15/2003
09/16/2003 09/17/2003 09/18/2003
09/18/2003 09/19/2003 09/22/2003 09/24/2003 09/25/2003 09/26/2003

39 RE-NOTICE of hearing set for 9/5/03 at 9:15am by Cedars Healthcare (dg, Deputy Clerk) (Entered: 09/03/2003)
Motion hearing re: [35-1] motion to show cause, [35-2] motion to compel Rule 45 production (dg, Deputy Clerk) (Entered: 09/08/2003)
40 Minutes of hearing re defendant's discovery motions held before Magistrate Barry L. Garber on 9/5/03; Court Reporter Name or Tape #: 03C-51-3449 (dg, Deputy Clerk) (Entered: 09/08/2003)
MOTION in open court by Cedars Healthcare to compel discovery , to compel Rule 35 physical examination , and to take two additional depositions (dg, Deputy Clerk) (Entered: 09/08/2003)
41 ORDER granting [0-0] motion to take two additional depositions, granting [0-0] motion to compel Rule 35 physical examination, granting in part, denying in part, denying as moot in part and deferring in part [0-0] motion to compel discovery, deferring [35-1] motion to show cause, deferring [35-2] motion to compel Rule 45 production (Signed by Magistrate Barry L. Garber on 9/5/03) [EOD Date: 9/8/03] (dg, Deputy Clerk) (Entered: 09/08/2003)
42 AMENDED ORDER amending [17-1] Scheduling order reset pretrial conference for 4:00 12/3/03 before Judge Donald L. Graham ( Signed by Judge Donald L. Graham on 9/15/03) [EOD Date: 9/16/03] (dg, Deputy Clerk) (Entered: 09/16/2003)
43 Transcript filed re: Motion Hearing held 9/5/03 before Judge Barry L. Garber Pages: 1-23 (nc, Deputy Clerk) (Entered: 09/17/2003)
44 NOTICE of conflict by Cedars Healthcare (dg, Deputy Clerk) (Entered: 09/18/2003)
45 ORDER that this Court will cooperate with Judge Moreno to ensure this case is tried the first or second week of the present calendar (12/22/03) as appropriate (Signed by Judge Donald L. Graham on 9/18/03) [EOD Date: 9/19/03] (dg, Deputy Clerk) (Entered: 09/19/2003)
46 OBJECTION/RESPONSE by U.S. - EEOC in opposition to [41-1] order (dg, Deputy Clerk) (Entered: 09/19/2003)
47 NOTICE of hearing set for 9/26/03 at 9:30am before Magistrate Judge Garber by Cedars Healthcare (dg, Deputy Clerk) (Entered: 09/22/2003)
48 RESPONSE by Cedars Healthcare in opposition to [41-1] order (dg, Deputy Clerk) (Entered: 09/23/2003)
49 RESPONSE by Cedars Healthcare to [48-1] objections (dg, Deputy Clerk) (Entered: 09/25/2003)
50 MOTION by Cedars Healthcare to extend dispositive motion deadline (dg, Deputy Clerk) (Entered: 09/26/2003)
51 Minutes of hearing re failure to produce subpoenaed claims and defendant's motion for order to show cause as to Dr. Enis held before Magistrate Barry L. Garber on 9/26/03; Court Reporter Name or Tape #: 03C-54-2198 (dg, Deputy

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09/26/2003
09/29/2003 09/29/2003 09/30/2003 09/30/2003 10/01/2003 10/01/2003 10/01/2003 10/03/2003
10/03/2003
10/03/2003 10/09/2003 10/09/2003 10/09/2003 10/09/2003

Clerk) (Entered: 09/29/2003)
52 ORDER affirming [41-1] order; plaintiff shall provide the financial documents and bank statments that defendant seeks by 12pm on Monday, 9/29/03; reset discovery deadline for 10/22/03 ( Signed by Judge Donald L. Graham on 9/26/03) [EOD Date: 9/29/03] (dg, Deputy Clerk) (Entered: 09/29/2003)
53 Notice of compliance: by U.S. - EEOC with [52-2] order (dg, Deputy Clerk) (Entered: 09/30/2003)
54 AMENDED NOTICE of hearing by Cedars Healthcare (dg, Deputy Clerk) (Entered: 09/30/2003)
55 MOTION by U.S. - EEOC for clarification of [52-2] order (dg, Deputy Clerk) (Entered: 10/01/2003)
56 Certificate of compliance by U.S. - EEOC (dg, Deputy Clerk) (Entered: 10/01/2003)
57 MOTION by Cedars Healthcare for sanctions (dg, Deputy Clerk) (Entered: 10/02/2003)
57 RESPONSE by Cedars Healthcare to [55-1] motion for clarification of [52-2] order (dg, Deputy Clerk) (Entered: 10/02/2003)
58 RESPONSE by U.S. - EEOC to [50-1] motion to extend dispositive motion deadline (dg, Deputy Clerk) (Entered: 10/02/2003)
59 ORDER OF REFERENCE Referring Motion(s) [55-1] motion for clarification of [52-2] order referred to Magistrate Barry L. Garber ( signed by Judge Donald L. Graham on 10/2/03) [EOD Date: 10/6/03] (dg, Deputy Clerk) (Entered: 10/06/2003)
60 ORDER granting in part [50-1] motion to extend dispositive motion deadline reset motion filing deadline for 10/10/03 ( Signed by Judge Donald L. Graham on 10/2/03) [EOD Date: 10/6/03] (dg, Deputy Clerk) Modified on 10/06/2003 (Entered: 10/06/2003)
61 ORDER denying [55-1] motion for clarification of [52-2] order ( Signed by Magistrate Barry L. Garber on 10/3/03) [EOD Date: 10/6/03] (dg, Deputy Clerk) (Entered: 10/06/2003)
62 MOTION by Cedars Healthcare for summary judgment (dg, Deputy Clerk) (Entered: 10/10/2003)
63 MEMORANDUM by Cedars Healthcare in support of [62-1] motion for summary judgment (dg, Deputy Clerk) (Entered: 10/10/2003)
64 Statement of undisputed material facts by Cedars Healthcare in support of [62-1] motion for summary judgment (dg, Deputy Clerk) (Entered: 10/10/2003)
65 NOTICE of filing sworn testimony in support of motion for summary judgment by Cedars Healthcare [please refer to court file to view attachments] (dg, Deputy Clerk) (Entered: 10/10/2003)

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10/09/2003 10/14/2003 10/16/2003 10/21/2003 10/21/2003 10/21/2003 10/23/2003 10/23/2003 10/23/2003
10/30/2003 10/31/2003 11/05/2003 11/05/2003 11/05/2003
11/06/2003 11/06/2003

66 RESPONSE by U.S. - EEOC to [48-1] opposition response (dg, Deputy Clerk) (Entered: 10/10/2003)
67 NOTICE of Hearing: motion to compel attendance of plaintiff's experts and sanctions (tb, Deputy Clerk) (Entered: 10/16/2003)
68 RESPONSE by U.S. - EEOC to [57-1] motion for sanctions (tb, Deputy Clerk) (Entered: 10/17/2003)
69 ORDER Motion hearing before Magistrate Barry L. Garber set for 2:30 10/30/03 for [57-1] motion for sanctions ( Signed by Magistrate Barry L. Garber on 10/21/03) [EOD Date: 10/22/03] (dg, Deputy Clerk) (Entered: 10/22/2003)
70 MOTION with memorandum in support by U.S. - EEOC to extend time to respond to defendant's motion for summary judgment (dg, Deputy Clerk) (Entered: 10/22/2003)
71 MOTION by U.S. - EEOC to substitute Kenneth Gillespie as Attorney (dg, Deputy Clerk) (Entered: 10/22/2003)
72 REPLY by Cedars Healthcare to response to [57-1] motion for sanctions (dg, Deputy Clerk) (Entered: 10/24/2003)
73 ORDER granting [71-1] motion to substitute Kenneth Gillespie as Attorney (Added: Kenneth Lawrence Gillespie) ( Signed by Judge Donald L. Graham on 10/23/03) [EOD Date: 10/24/03] (dg, Deputy Clerk) (Entered: 10/24/2003)
74 ORDER granting [70-1] motion to extend time to respond to defendant's motion for summary judgment Response to motion reset to 11/5/03 for [62-1] motion for summary judgment ( Signed by Judge Donald L. Graham on 10/23/03) [EOD Date: 10/24/03] (dg, Deputy Clerk) (Entered: 10/24/2003)
Motion hearing re: [57-1] motion for sanctions Motion hearing held (dg, Deputy Clerk) (Entered: 11/03/2003)
75 Minutes of hearing on defendant's motion for sanctions held before Magistrate Barry L. Garber on 10/30/03; Court Reporter Name or Tape #: 03C-59-2605-end & 60-1-443 (dg, Deputy Clerk) (Entered: 11/03/2003)
76 RESPONSE by U.S. - EEOC to [62-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 11/06/2003)
77 Statement of Disputed Facts by U.S. - EEOC (wc, Deputy Clerk) (Entered: 11/06/2003)
78 SECOND AMENDED SCHEDULING ORDER setting Deadline for filing of all motions by 12/15/03 Jury trial set for 3/1/04 Pretrial Stipulation due on or before 1/20/04 Calendar call set for 3:30 2/25/04 Discovery cutoff 12/1/03 ; Pretrial conference for 4:00 1/28/04 ; ( Signed by Judge Donald L. Graham on 11/4/03) [EOD Date: 11/6/03] CCAP (wc, Deputy Clerk) (Entered: 11/06/2003)
79 NOTICE of filing deposition transcripts by U.S. - EEOC (dg, Deputy Clerk) (Entered: 11/07/2003)
80 DEPOSITION of Cathy McClellan (dg, Deputy Clerk) (Entered: 11/07/2003)

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11/06/2003 11/14/2003
11/14/2003 12/05/2003
12/12/2003 12/18/2003 12/19/2003 01/08/2004
01/09/2004
01/12/2004
01/16/2004 01/20/2004 01/20/2004 01/20/2004 01/23/2004 01/28/2004 01/29/2004

81 DEPOSITION of Elizabeth Izquierdo (dg, Deputy Clerk) (Entered: 11/07/2003)
82 NOTICE of filing attached deposition transcript in support of Motion for Summary Judgment by Cedars Healthcare (bb, Deputy Clerk) (Entered: 11/17/2003)
83 REPLY by Cedars Healthcare to response to [62-1] motion for summary judgment (bb, Deputy Clerk) (Entered: 11/17/2003)
84 ORDER granting [57-1] motion for sanctions, denying [35-1] motion to show cause, denying [35-2] motion to compel Rule 45 production ( Signed by Magistrate Barry L. Garber on 12/5/03) [EOD Date: 12/8/03] (dg, Deputy Clerk) (Entered: 12/08/2003)
85 Transcript filed re: Defendant's Motion for Sanctions held 10/30/03 before Judge Barry L. Garber Pages: 1-34 (nc, Deputy Clerk) (Entered: 12/12/2003)
86 Statement of fees and costs expended in preparation and presentation of motion for sanctions by Cedars Healthcare (tb, Deputy Clerk) (Entered: 12/19/2003)
87 OBJECTIONS /RESPONSE by U.S. - EEOC in opposition to [84-1] order (tb, Deputy Clerk) (Entered: 12/22/2003)
88 RESPONSE by Cedars Healthcare to [87-1] objections to Magistrate Judge Barry L. Garber's Order granting Defendant's Motion for Sanctions (gp, Deputy Clerk) (Entered: 01/09/2004)
89 ORDER referring cause to Magistrate Judge Garber for settlement conference (Signed by Judge Donald L. Graham on 1/8/04) [EOD Date: 1/12/04] (dg, Deputy Clerk) (Entered: 01/12/2004)
90 ORDER set settlement conference for 2:00 1/29/04 before Magistrate Barry L. Garber ( Signed by Magistrate Barry L. Garber on 1/12/04) [EOD Date: 1/13/04] (dg, Deputy Clerk) (Entered: 01/13/2004)
91 REPLY/RESPONSE by U.S. - EEOC to [88-1] opposition response (dg, Deputy Clerk) (Entered: 01/20/2004)
92 NOTICE of designation of sworn testimony to be utilized at trial by Cedars Healthcare (lk, Deputy Clerk) (Entered: 01/21/2004)
93 JOINT PRETRIAL STIPULATION by U.S. - EEOC, Cedars Healthcare (lk, Deputy Clerk) (Entered: 01/21/2004)
94 Deposition Excerpts to be read at trial by U.S. - EEOC (dg, Deputy Clerk) (Entered: 01/22/2004)
95 RESPONSE by U.S. - EEOC in opposition to [92-1] notice (cj, Deputy Clerk) (Entered: 01/26/2004)
Pre-trial conference held before Magistrate Barry L. Garber (dg, Deputy Clerk) (Entered: 01/30/2004)
96 Minutes of pretrial conference held before Magistrate Barry L. Garber on 1/28/04; Court Reporter Name or Tape #: 04C-4-876 (dg, Deputy Clerk) (Entered: 01/30/2004)

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01/29/2004 01/29/2004 01/29/2004 01/29/2004 02/09/2004
02/18/2004 02/18/2004 02/18/2004 03/03/2004 03/08/2004
03/08/2004 03/15/2004 03/18/2004 03/19/2004 03/19/2004 03/19/2004

Settlement conference held before Magistrate Barry L. Garber (dg, Deputy Clerk) (Entered: 01/30/2004)
97 Minutes of settlement conference held before Magistrate Barry L. Garber on 1/29/04; Court Reporter Name or Tape #: not recorded (dg, Deputy Clerk) (Entered: 01/30/2004)
98 ORDER granting defendant's motion to compel (Signed by Magistrate Barry L. Garber on 1/29/04) [EOD Date: 1/30/04] (dg, Deputy Clerk) (Entered: 01/30/2004)
99 RESPONSE by Cedars Healthcare in opposition to [94-1] deposition excerpts to be read at trial (dg, Deputy Clerk) (Entered: 01/30/2004)
100 AMENDED ORDER amending [78-1] Scheduling order reset scheduling order deadlines: Calendar Call set for 3:30 3/31/04 Jury Trial 4/5/04 ( Signed by Judge Donald L. Graham on 2/9/04) [EOD Date: 2/10/04] (dg, Deputy Clerk) (Entered: 02/10/2004)
101 NOTICE of filing attached Proposed Special Verdict Form by U.S. - EEOC (ra, Deputy Clerk) (Entered: 02/19/2004)
102 Joint Proposed Jury instructions by U.S. - EEOC (ra, Deputy Clerk) (Entered: 02/19/2004)
103 Proposed Special Interrogatories to the jury by Cedars Healthcare (ra, Deputy Clerk) (Entered: 02/19/2004)
104 NOTICE of filing recently obtained testimony in support of objections to Magistrate Judge Garber's order granting defendant's motion for sanctions by U.S. - EEOC (dg, Deputy Clerk) (Entered: 03/04/2004)
105 ORDER that defendant recover from the plaintiff the sum of $7,945.50 for legal fees together with an additional $1,072.04 for costs (Signed by Magistrate Barry L. Garber on 3/8/04) [EOD Date: 3/9/04] (dg, Deputy Clerk) (Entered: 03/09/2004)
106 Additional Proposed Jury instructions by Cedars Healthcare (dg, Deputy Clerk) (Entered: 03/09/2004)
107 ORDER denying [104-1] notice ( Signed by Judge Donald L. Graham on 3/14/04) [EOD Date: 3/16/04] (dg, Deputy Clerk) (Entered: 03/16/2004)
108 MOTION with memorandum in support by Cedars Healthcare in limine to exclude irrelevant or prejudicial evidence (dg, Deputy Clerk) (Entered: 03/19/2004)
109 MOTION by U.S. - EEOC in limine to exclude any evidence or testimony regarding the "investigation" of Heather Rockcastle initiated by Hartford Insurance Company (dg, Deputy Clerk) (Entered: 03/22/2004)
110 MOTION by U.S. - EEOC in limine to exclude evidence and testimony regarding Heather Rockcastle's prior legal proceedings (dg, Deputy Clerk) (Entered: 03/22/2004)
111 MOTION by U.S. - EEOC in limine to exclude any evidence or testimony regarding amounts of monies received by Heather Rockcastle from her private

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03/24/2004
03/24/2004
03/24/2004 03/24/2004 03/29/2004 03/29/2004 03/29/2004 03/29/2004 03/30/2004 04/01/2004 04/02/2004 04/02/2004 04/02/2004 04/08/2004 04/12/2004

insurance companies or other unrelated litigation (dg, Deputy Clerk) (Entered: 03/22/2004)
112 RESPONSE by Cedars Healthcare to [109-1] motion in limine to exclude any evidence or testimony regarding the "investigation" of Heather Rockcastle initiated by Hartford Insurance Company (dg, Deputy Clerk) (Entered: 03/24/2004)
113 RESPONSE by Cedars Healthcare to [111-1] motion in limine to exclude any evidence or testimony regarding amounts of monies received by Heather Rockcastle from her private insurance companies or other unrelated litigation (dg, Deputy Clerk) (Entered: 03/25/2004)
114 RESPONSE by Cedars Healthcare to [110-1] motion in limine to exclude evidence and testimony regarding Heather Rockcastle's prior legal proceedings (dg, Deputy Clerk) (Entered: 03/25/2004)
115 RESPONSE by U.S. - EEOC to [108-1] motion in limine to exclude irrelevant or prejudicial evidence (dg, Deputy Clerk) (Entered: 03/25/2004)
116 MOTION by U.S. - EEOC (Attorney ) for reconsideration of [107-1] order (tb, Deputy Clerk) (Entered: 03/30/2004)
117 EMERGENCY MOTION by Cedars Healthcare to continue the trial , and for sanctions (bb, Deputy Clerk) (Entered: 03/30/2004)
118 NOTICE of filing affidavit of counsel in support of Defendant's emergency motion to continue the trial and for sanctions by Cedars Healthcare (bb, Deputy Clerk) (Entered: 03/30/2004)
119 AFFIDAVIT of counsel by Cedars Healthcare Re: [117-1] motion to continue the trial, [117-2] motion for sanctions (bb, Deputy Clerk) (Entered: 03/30/2004)
120 NOTICE of filing amended exhibit list by Cedars Healthcare (tb, Deputy Clerk) (Entered: 03/31/2004)
121 RESPONSE by U.S. - EEOC in opposition to [117-1] motion to continue the trial, [117-2] motion for sanctions (dg, Deputy Clerk) (Entered: 04/02/2004)
122 Minutes of hearing held before Judge Donald L. Graham on 4/2/04; Court Reporter Name or Tape #: Carly Horenkamp (dg, Deputy Clerk) (Entered: 04/05/2004)
123 MOTION with memorandum in support by Cedars Healthcare to bring electronic equipment into the courtroom (dg, Deputy Clerk) (Entered: 04/05/2004)
124 Proposed Voir dire questions by Cedars Healthcare (dg, Deputy Clerk) (Entered: 04/05/2004)
125 MEMORANDUM by Cedars Healthcare in opposition to [116-1] motion for reconsideration of [107-1] order (dg, Deputy Clerk) (Entered: 04/09/2004)
126 SUPPLEMENTAL MEMORANDUM by Cedars Healthcare in support of [62-1] motion for summary judgment (dg, Deputy Clerk) (Entered: 04/13/2004)

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04/15/2004 04/16/2004 04/20/2004 06/01/2004 06/01/2004 09/27/2004
09/27/2004 10/12/2004 10/25/2004 11/02/2004 11/12/2004 11/22/2004 12/14/2004 12/15/2004
12/28/2004 02/28/2005

127 REPLY by U.S. - EEOC to response to [116-1] motion for reconsideration of [107-1] order (ct, Deputy Clerk) (Entered: 04/16/2004)
131 Transcript filed re: hearing on motions held 4/2/04 @11:00 a.m. before Judge Donald L. Graham Pages: 1-16 (ga, Deputy Clerk) (Entered: 07/15/2004)
128 RESPONSE by U.S. - EEOC in opposition to [126-1] support memorandum (dg, Deputy Clerk) (Entered: 04/21/2004)
129 AFFIDAVIT of lost summons (dg, Deputy Clerk) (Entered: 06/02/2004)
130 Return of service unexecuted as to Kathleen Lezon (dg, Deputy Clerk) (Entered: 06/02/2004)
132 ORDER granting [62-1] motion for summary judgment and that this case is closed for administrative purposes and any pending motions are denied as moot (Signed by Judge Donald L. Graham on 9/24/04) [EOD Date: 9/28/04] (dg, Deputy Clerk) (Entered: 09/28/2004)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (dg, Deputy Clerk) (Entered: 09/28/2004)
133 MOTION by U.S. - EEOC for clarification that previously filed motion for reconsideration remains pending (dg, Deputy Clerk) (Entered: 10/13/2004)
134 MEMORANDUM by Cedars Healthcare in opposition to [133-1] motion for clarification that previously filed motion for reconsideration remains pending (ct, Deputy Clerk) (Entered: 10/25/2004)
135 REPLY by U.S. - EEOC to response to [133-1] motion for clarification that previously filed motion for reconsideration remains pending (dg, Deputy Clerk) (Entered: 11/04/2004)
136 RESPONSE by U.S. - EEOC to defendant's bill of costs (bs, Deputy Clerk) (Entered: 11/15/2004)
137 REPLY by Cedars Healthcare in support of bill of costs (dg, Deputy Clerk) (Entered: 11/22/2004)
138 ORDER OF REFERENCE Referring plaintiff's objections to the bill of costs to Magistrate Judge Garber (signed by Judge Donald L. Graham on 12/14/04) [EOD Date: 12/15/04] (dg, Deputy Clerk) (Entered: 12/15/2004)
139 NOTICE SETTING TELEPHONIC STATUS CONFERENCE for 10:30 12/28/04 before Judge Donald L. Graham (Signed by Judge Donald L. Graham on 12/15/04) [EOD Date: 12/16/04] CCAP (dg, Deputy Clerk) (Entered: 12/16/2004)
140 ORDER granting [133-1] motion for clarification that previously filed motion for reconsideration remains pending ( Signed by Judge Donald L. Graham on 12/28/04) [EOD Date: 12/29/04] (ct, Deputy Clerk) (Entered: 12/29/2004)
141 NOTICE OF APPEAL by U.S. - EEOC of [140-1] order EOD Date: 12/29/04; Filing Fee: $ (FEE NOT REQUIRED); Copies to USCA and Counsel of Record. (nc, Deputy Clerk) (Entered: 03/01/2005)

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03/01/2005 03/11/2005 03/15/2005 04/01/2005 04/14/2005 04/14/2005
04/26/2005 04/26/2005 06/15/2005 06/22/2005
07/05/2005 07/08/2005
09/15/2005 09/15/2005

Certified copies of Notice of Appeal, Docket, and Order under appeal to USCA: [141-1] appeal by U.S. - EEOC (nc, Deputy Clerk) (Entered: 03/01/2005)
142 Transcript Information Form re: as to U.S. - EEOC [141-1] appeal by U.S. EEOC . No transcript requested. (nc, Deputy Clerk) (Entered: 03/15/2005)
143 NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 3/4/05as to U.S. - EEOC Re: [141-1] appeal by U.S. - EEOC USCA NUMBER: 05-11171-E (nc, Deputy Clerk) (Entered: 03/16/2005)
144 TRANSCRIPT filed of Telestatus Conference held 12/28/04 @ 10:30 am before Judge Donald L. Graham Pages: 1-11 re: [141-1] appeal by U.S. - EEOC . (nc, Deputy Clerk) (Entered: 04/04/2005)
145 Certificate of readiness as to U.S. - EEOC transmitted to USCA Re: [141-1] appeal by U.S. - EEOC USCA NUMBER: 05-11171-E (nc, Deputy Clerk) (Entered: 04/14/2005)
Transmitted record on appeal as to U.S. - EEOC to U.S. Court of Appeals:(Miami Office)Consisting of (4)Volumes of Pleadings, (4)Volumes of Transcripts and (6)Accordion Folders containing DE#'s 46,57,65,68,76,77,80,81,87,88, 116, 117,126 [141-1] appeal by U.S. - EEOC (nc, Deputy Clerk) (Entered: 04/14/2005)
ACKNOWLEDGMENT of receipt by U.S.C.A. of: COR/ROA on 4/21/05; U.S.C.A. # 05-11171-E (nc, Deputy Clerk) (Entered: 04/27/2005)
146 Acknowledgment of COR/ROA from the 11th Circuit as to U.S. - EEOC (nc, Deputy Clerk) (Entered: 04/27/2005)
147 ORDER denying [116-1] motion for reconsideration of [107-1] order ( Signed by Magistrate Barry L. Garber on 6/15/05) [EOD Date: 6/16/05] (dg, Deputy Clerk) (Entered: 06/16/2005)
148 REPORT AND RECOMMENDATIONS of Magistrate Barry L. Garber recommending that defendant's bill of costs be granted in part and denied in part for the amount of $18,882.96. Motion no longer referred. Signed on: 6/22/05 Objections to R and R due by 7/5/05 CCAP (dg, Deputy Clerk) (Entered: 06/23/2005)
149 MOTION by Cedars Healthcare (Attorney ) to extend time to file objections to Report & Recommendation , or Seek additional fees and costs as sanctions (Former Deputy Clerk) (Entered: 07/06/2005)
150 ORDER granting [149-1] motion to extend time to file objections to Report & Recommendation Objections reset to 9/8/05 for [148-1] report and recommendations ( Signed by Judge Donald L. Graham on 7/7/05) [EOD Date: 7/11/05] (dg, Deputy Clerk) (Entered: 07/11/2005)
151 MOTION by U.S. - EEOC to substitute Lauren G. Dreilinger as Attorney (dg, Deputy Clerk) (Entered: 09/16/2005)
152 JOINT MOTION by U.S. - EEOC, Cedars Healthcare for entry of consent judgment on pending bill of costs (dg, Deputy Clerk) (Entered: 09/16/2005)

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CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?228945206079714-L_92...

09/16/2005 09/23/2005 02/01/2006 02/13/2006

153 ORDER granting [151-1] motion to substitute Lauren G. Dreilinger as Attorney for plaintiff (Signed by Judge Donald L. Graham on 9/16/05) [EOD Date: 9/19/05] (dg, Deputy Clerk) (Entered: 09/19/2005)
154 CONSENT JUDGMENT ON BILL OF COSTS for Cedars Healthcare against U.S. - EEOC for amount of $18,882.96; granting [152-1] joint motion for entry of consent judgment on pending bill of costs ( Signed by Judge Donald L. Graham on 9/21/05) [EOD Date: 9/26/05] (dg, Deputy Clerk) (Entered: 09/26/2005)
155 Record on appeal as to U.S. - EEOC returned from U.S. Court of Appeals:(Miami/Records) Consisting of (4)Volumes of Pleadings,(4)Volumes of Transcripts and (6)Accordion Folders [141-1] appeal by U.S. - EEOC USCA #: 05-11171-EE (nc, Deputy Clerk) (Entered: 02/02/2006)
156 ORDER of dismissal from USCA (certified copy) dismissing [141-1] appeal pursuant to appellant's motion to dismiss this appeal with prejudice, due to settlement, with the parties bearing their own costs and attorney's fee, is GRANTED USCA #: 05-11171-EE USCA Order Date: 1/13/06 (nc, Deputy Clerk) (Entered: 02/13/2006)

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