Case 2:00-cv-00410-)JES Document 1 Filed 09/28/20)00 Page 1 of 6

IN THE UNITED STATES DISTRICTafti1i{$R:t ~J
FOR THE MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISIO~:,," ,
; "
III (

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I,

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UNITED STATES EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

VAL WARD CADILLAC, INCORPORATED )

)

)

Defendant.

)

------------------------------)

JOHN E. SIEEIE
UNITED STATES DISTRICTJI.J1(E
CIVIL ACTION NO.
;<':00- c.\I- 4 '0- FtM- 2q D
COMPLAINT
JURy TRIAL DEMAND
INJUNCTIVE RELIEF REQUESTED

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 race, and to provide appropriate relief to Chris Weatherspoon who was adversely affected by such practices. As stated with greater particularity in paragraph 7, the Commission alleges that Chris Weatherspoon was subjected to a racially charged hostile environment and then discharged by his employer, Val Ward Cadillac, Inc., in retaliation for complaining about the racial harassment he was being subjected to.
JURISDICTION AND VENUE 1. lurisdictionofthis 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(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981 A.

!

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Case 2:00-cv-00410-JES Document 1 Filed 09/28/2000 Page 2 of 6

)

)

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Fort Myers Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706 (f)(1) and (3) of Title VII, 42 U.S.c. Section 2000e-5(f)(I) and (3). 4. At all relevant times, Defendant Val Ward Cadillac, Incorporated (the "Employer"), has continuously been doing business in the State of Florida and the City of Fort Myers, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.c. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Chris Weatherspoon filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least June of 1996, Defendant Employer has engaged in unlawful employment practices at its place ofbusiness in Fort Myers, Florida in violation of Section 703(a), Section 704(a) of Title VII, 42 U.S.C. § 2000e-2(a), and Section 2000e-3(a) which included the
2

, r

Case 2:00-cv-00410-)JES Document 1 Filed 09/28/2)000 Page 3 of 6

following: (A) Chris Weatherspoon, who at all relevant times was employed by Defendant
in the Maintenance Department, was constantly subjected to jokes of racial nature and racial derogatory name-calling because of his race (black), by his supervisor, manager, and other employees of Defendant. The harassing conduct also included an egregious situation where Mr. Weatherspoon was told that he should be roped and chained and then dragged behind a trunk until dead. The unwelcome racial harassment was sufficiently severe and pervasive to affect the terms and conditions of his employment and created an intimidating, hostile, and offensive work environment. Mr. Weatherspoon complained to management officials ofDefendant Employer that such conduct was unwelcome. Despite Mr. Weatherspoon's complaints, Defendant Employer allowed the racial harassment to persist in its work place and failed to take prompt remedial action when it knew or should have known of the racial harassment. Defendant is liable for the behavior Mr. Weatherspoon was subjected to during his employment.
(B) On or about December 14, 1998, Defendant Employer terminated Mr. Weatherspoon shortly after he complained about the racial harassment. Mr. Weatherspoon's termination was in retaliation for his opposition to Defendant's racial harassment.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Chris Weatherspoon of equal employment opportunities and otherwise adversely affect his status as an employee because ofhis race and/or in retaliation for his opposition to unlawful employment practices.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
3

•. f

Case 2:00-cv-00410-)JES Document 1 Filed 09/28/2000 Page 4 of 6

10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Chris Weatherspoon.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Val Ward Cadillac, Incorporated, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in race discrimination and retaliatory conduct and any other employment practice which discriminates on the basis of race and/or due to opposition to an unlawful employment practice. B. Order Defendant Val Ward Cadillac, Incorporated, to institute and carry out policies, practices, and programs which provide equal employment opportunities for Blacks, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Val Ward Cadillac, Incorporated, to make whole Chris Weatherspoon 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 rightful-place reinstatement and/or front pay, restoration of benefits and positive future employment references for Chris Weatherspoon. D. Order Defendant Val Ward Cadillac, Incorporated, to make whole Chris Weatherspoon by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out ofpocket losses, job search expenses, and medical expenses in amounts to be determined at trial. E. Order Defendant Val Ward Cadillac, Incorporated, to make whole Chris
4

)

)

Case 2:00-cv-00410-JES Document 1 Filed 09/28/2000 Page 5 of 6

Weatherspoon by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain and suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Val Ward Cadillac, Incorporated, to pay Chris Weatherspoon punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURy TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

Respectfully submitted,
C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
MICHAEL J. FARRELL Supervisory Trial Attorney (Acting)

5

)
Case 2:00-cv-00410-JES Document 1 Filed 09/28/2000 Page 6 of 6
~G~~'
Trial Attorney Florida Bar Number 179582 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Two South Biscayne Boulevard One Biscayne Tower, Suite 2700 Miami, Florida 33131 (305) 530-6004 (305) 536-4494 facsimile
6

 
 Case 2:00-cv-00410-JES Document 22 Filed 12/21/2000 Page 1 of 10

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

,r -.

FORT MYERS DIVISION

UNITbDSTATESEQUALEMPLOYMENT )

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

vs.

)

)

VAL WARD CADILLAC, INCORPORATED )

Defendant,

)

)

CHRIS WEATHERSPOON,

)

Intervenor.

)

--------------------------)

Case No. 2:00-cv-410-FtM-29D

INTERVENOR. CHRIS WEATHERSPOON'S AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

CHRIS WEATHERSPOON, (hereinafter "WEATHERSPOON"), sues Defendant,

VAL WARD CADILLAC, INCORPORATED, (hereinafter ''VAL WARD"), for

employment discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42

U.S.C. §2000e et.llil:., as amended, and the Florida Civil Rights Act of 1992, Chapter 760

Florida Statutes (1992 Supp.) and in support thereof states as follows:

NATURE OF ACTION

This is an action against VAL WARD, for unlawful race discrimination.

WEATHERSPOON, a black male, was subjected to a racially hostile work environment in

that supervisors and co-workers would tell inappropriate jokes, many of which focused on

the "hanging" or "roping," "chaining" and "dragging" of African Americans and would

refer to black African Americans as "niggers." When WEATHERSPOON reported the

1

Case 2:00-cv-00410-JES Document 22 Filed 12/21/2000 Page 2 of 10
race discrimination to a manager at VAL WARD, he was terminated in retaliation for complaining about the racial harassment he was being subjected to.
The legal basis for this action is Title VII of the Federal Civil Rights Act of 1964, 42 U.S.C. 2000e et. seq., as amended (''Title VII") and the Florida Civil Rights Act of 1992, Chapter 760 Florida Statutes (1992 Supp.). WEATHERSPOON seeks equitable relief and damages.
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 706(£)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §2000e-5(£)(1) and (3) (''Title VII") and §102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981 A. The Court has supplemental jurisdiction pursuant to 28 U.S.C. §1367 to consider the Intervenor's State law claims. (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 Middle District of Florida, Fort Myers Division. (3) WEATHERSPOON is a citizen of the State of Florida and resides in Lee County, Florida. At the time of the unlawful employment practices alleged herein, WEATHERSPOON was a resident and citizen of Lee County, Florida. (4) At all relevant times, Defendant, Val Ward Cadillac, Incorporated has
2

Case 2:00-cv-00410-JES Document 22 Filed 12/21/2000 Page 3 of 10
continuously been doing business in the State of Florida and the City of Fort Myers, and has continuously had at least 15 employees.
(5) At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h).
CONDITIONS PRECEDENT (6) WEATHERSPOON fIled a timely charge of discrimination with the EEOC relating to VAL WARD's discriminatory acts alleged herein. (7) WEATHERSPOON has exhausted his administrative remedies required by 42 U.S.c. 2000e, and otherwise fulfilled all prerequisites to bringing this action. (8) WEATHERSPOON fIled a timely charge of discrimination with the Florida Commission of Human Relations (FCHR) relating to VAL WARD's discriminatory acts alleged herein. (9) More than one-hundred and eighty (180) days have elapsed from the flling of said charge with the FCHR and said Commission has failed to conciliate or determine whether there is reasonable cause with respect to said charge.
STATEMENT OF FACTS (10) WEATIIERSPOON started his employment with VAL WARD on June 14, 1996 and his last position was groundskeeper. (11) WEATHERSPOON was subjected to a racially hostile work environment in
3

Case 2:00-cv-00410-JES Document 22 Filed 12/21/2000 Page 4 of 10

that Heiko Raymo and Tom Trevillo who both held supervisory power over Intervenor as

well as co-workers, would/did make comments to Intervenor such as:

a.

"Nigger"

b.

"German people are better than Americans because Americans don't want to work for what

they get; black people are the worst."

c.

"Black people are funny and strange."

d.

"Blacks are poor and don't want <mything Out of life."

e.

"All black people should be tortured like that." (Statement made in reference to an mcidcllt

reported in the newspaper about an African American male who had been chained to a

vehicle and dragged tultil dead)

f.

"I'd never hire Niggers to work on the cars or with the customers."

g.

"Look at those dtunb Niggers."

(12) Intervenor was subjected to inappropriate jokes, many of which focused on

the "hanging" or the "roping, chaining and dragging" of Mrican Americans.

(13) Intervenor, CHRIS WEATHERSPOON, reported the race discrimination to

manager, Tom Trevillo, on or about December 11, 1999.

(14) Intervenor, CHRIS WEATHERSPOON, was terminated on or about

December 14, 1999 for what was purely a pretextual reason.

COUNT I Race Discrimination Pursuant to Title VII (15) WEATHERSPOON realleges and incorporates Paragraphs 1 through 14 above as if specifically alleged herein. (16) This is a claim for race discrimination against VAL WARD. Since at least June of 1996, VAL WARD engaged in unlawful employment practices at its Fort Myers, Florida facility, in violation of Section703(a), Section 704(a) of Title VII, 42 U.S.C. §2000e-2(a),

4

Case 2:00-cv-00410-JES Document 22 Filed 12/21/2000 Page 5 of 10
and §2000e-3(a) and the Florida Civil Rights Act of 1992, Chapter 760 Florida Statutes (1992 Supp.) which included the following:
a. WEATHERSPOON, who at all relevant times was employed by Defendant in the Maintenance Department, was regularly subjected to jokes of racial nature and racial, derogatorily name-calling because of his race (black), by his supervisor, manager and other employees of Defendant. The harassing conduct included an egregious situation where WEATHERSPOON was told that all blacks should be roped and chained and dragged behind a truck until dead. The unwelcome racial harassment was sufficiently severe and pervasive to affect the terms and conditions of his employment and created an intimidating, hostile and offensive work environment. Mr. Weatherspoon complained to management that such conduct was unwelcome. Despite Mr. Weatherspoon's complaints the Defendant allowed the racial harassment to continue.
b. On or about December 14,1998, WEATHERSPOON was terminated from his position as a groundskeeper because he complained that he was being discriminated against based on his race.
(17) The effect of the practices complained of in Paragraph 11 above has been to deprive WEATHERSPOON of equal employment opportunities and otherwise adversely affect his status as an employee because of his race.
(18) The unlawful employment practices complained of in Paragraph 11 above were intentional.
5

Case 2:00-cv-00410-JES Document 22 Filed 12/21/2000 Page 6 of 10
(19) The unlawful employment practices complained of in Paragraph 11 above were done with malice or with reckless indifference to the federally protected rights of WEATHERSPOON.
(20) As a direct, natural, proximate and foreseeable result of the aforesaid stated action of Defendant, Intervenor, WEATHERSPOON, seeks reinstatement and has suffered loss of back pay, front pay, loss of past and future benefits, emotional damages including but not limited to pain and suffering, mental anguish, inconvenience, loss of dignity, loss of enjoyment oflife and other pecuniary losses.
WHEREFORE, WEATHERSPOON demands judgment for damages, including punitive damages, cost and reasonable attorneys' fees and further demands trial by jury of all issues so triable.
COUNTll Race Discrimination Pursuant to Florida Statutes
(21) WEATHERSPOON realleges paragraphs 1 through 14 as if specifically incorporated herein.
(22) WEATHERSPOON is a member of a protected class and due to the actions of the Defendant was subjected to working in an intimidating, hostile and racially offensive work environment.
(23) The aforestated discrimination by Defendant was based on race. (24) The aforesaid actions of Defendant alleged and incorporated herein from above
6

Case 2:00-cv-00410-JES Document 22 Filed 12/21/2000 Page 7 of 10
were numerous, frequent, severe and pervasive and altered conditions of WEATHERSPOON'S employment culminating in his unlawful discharge and together created and abusive working environment.
(25) As a direct, natural, proximate and foreseeable result of the aforesaid stated action of Defendant, Intervenor, WEATHERSPOON, has suffered loss of back pay, front pay, loss of past and future benefits, emotional damages including but not limited to pain and suffering, mental anguish, inconvenience, loss of dignity, loss of enjoyment of life and other pecuniary losses.
WHEREFORE, WEATHERSPOON demands judgment for damages, including punitive damages, cost and reasonable attorneys' fees and further demands trial by jury of all issues so triable.
COUNT III Retaliation Pursuant to Chapter 760 Florida Statutes
(26) WEATHERSPOON, realleges paragraphs 1 through 14 as if specifically incorporated herein.
(27) Defendant, VAL WARD, through its employees, agents, and supervisors, began a course of adverse employment actions against WEATHERSPOON, which culminated in WEATHERSPOON's termination because of his race and in retaliation for Intervenor having reported and opposed a practice made unlawful by Chapter 760 of the Florida Statutes.
7

Case 2:00-cv-00410-JES Document 22 Filed 12/21/2000 Page 8 of 10
(28) As a direct, natural, proximate and foreseeable result of the aforesaid action of Defendant, Intervenor, WEATHERSPOON has suffered loss of back pay, front pay, loss of past and future benefits, emotional damages including but not limited to pain and suffering, mental anguish, inconvenience, loss of dignity, loss of enjoyment of life and other pecuniary losses.
WHEREFORE, WEATHERSPOON demands judgment for damages, including punitive damages, cost and reasonable attorneys' fees and further demands trial by jury of all issues so triable.
CaUNTIY Retaliation Pursuant to Title VI
(29) WEATHERSPOON, realleges paragraphs 1 through 14 as if specifically incorporated herein.
(30) Defendant, VAL WARD, through its employees, agents, and supervisors, began a course of adverse employment actions against WEATHERSPOON, which culminated in WEATHERSPOON's termination, because of his race and in retaliation for Intervenor having reported and opposed a practice made unlawful by Title VII.
(31) As a direct, natural, proximate and foreseeable result of the aforesaid stated action of Defendant, Intervenor, WEATHERSPOON has suffered loss of back pay, front pay, loss of past and future benefits, emotional damages including but not limited to pain and suffering, mental anguish, inconvenience, loss of dignity, loss of enjoyment of life and
8

Case 2:00-cv-00410-JES Document 22 Filed 12/21/2000 Page 9 of 10 other pecuniary losses.
WHEREFORE, WEATHERSPOON demands judgment for damages, including punitive damages, cost and reasonable attorneys' fees and further demands trial by jury of all issues so triable.
JURY TRIAL DEMAND WEATHERSPOON demands a trial by jury for all counts~all triable issues.
EBB, ESQUIRE Flo . ar No. 165956 Attorneys for WEATHERSPOON WEBB & SCARMOZZINO, P.A. 1617 Hendry Street, Third Floor Fort Myers, FL 33901 (941) 334-1600 - telephone (941) 334-7979 - facsimile
9

Case 2:00-cv-00410-JES Document 22 Filed 12/21/2000 Page 10 of 10
Certificate of Service
I HEREBY CERTIFY that a true and correct copy hereof has been mailed by
regular US Mail to Michael J. Farrell, Esquire and Heui Young Choi, Esquire, Attorneys
for the EEOC, US Equal Employment Opportunity Commission, Two South Biscayne Boulevard, One Biscayne Tower, Suite 2700, Miami, Florida 33131, and Lori Anne Brown, Esquire, Attorney for VAL WARD, 80 SW 8th , Miami, Florida 33130, on this ¢./~f day of December, 2000.
~t By: D FIE~NaNrrNi:oi.,E16S59Q56UIRE Attorneys for WEATHERSPOON WEBB & SCARMOZZINO, P.A. 1617 Hendry Street, Third Floor Fort Myers, FL 33901 (941) 334-1600 - telephone (941) 334-7979 - facsimile
10

 
 Case 2:00-cv-00410)-JES Document 24 Filed 01/18)/2001 Page 1 of 1

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

SJ "

, .; !. ;""~ ~1

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

and

CHRIS WEATHERSPOON,

Case No. 2:00-cv-410-FTM-29DNF

Intervening Plaintiff, vs.

VAL WARD CADILLAC, INC.,

Defendant.

ORDER

This cause is before the Court on Defendant, Val Ward

Cadillac, Inc.'s Motion to Dismiss United States Equal Employment

Opportunity Commission's Complaint (Doc. #4), filed November 1,

2000. Plaintiff's Response (Doc. #11) was filed November 14, 2000.

The Court finds that the Complaint (Doc. #1) is not a "shot

gun pleading", and that paragraph 7 of the Complaint satisfies Fed.

R. Civ. P. 8. Accordingly, it is now

ORDERED:

Defendant, Val Ward Cadillac, Inc.'s Motion to Dismiss United

States Equal Employment Opportunity Commission's Complaint (Doc.

#4), filed November 1, 2000, is DENIED.

~ DONE AND ORDERED at Fort Myers, Florida, this

day of

January, 2001.

Copies:
~ounsel of record

JO

. STEELE

UN D STATES DISTRICT JUDGE

 
 Case 2:00-cv-00410-JES Document 34 Filed 11/09/2001 Page 1 of 3

FILED

UNITED STATES DISTRICT COURT

.~

MIDDLE DISTRICT OF FLORIDA

J I

FORT MYERS DIVISION 01 NOV -9 Pr·, .

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

I _,
_,

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,

, .
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I" t 1!~.IJ/1,

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Plaintiff,

and

Case No. 2:00-cv-410-FTM-29DNF

CHRIS WEATHERSPOON,

Intervening Plaintiff,

vs.

VAL WARD CADILLAC, INC.,

Defendant.

ORDER

This matter comes before the Court on a Mediation Report (Doc.

#33), filed November 7, 2001. The mediator provides that a

settlement of all issues was achieved and an agreement to dismiss

the case with prejudice.

Accordingly, it is hereby

ORDERED AND ADJUDGED that this case is DISMISSED with

prej udice. The Clerk is directed to enter judgment accordingly and

close the file. The Clerk is further directed to terminate all

previously scheduled deadlines and pending motions.

Cf1i DONE AND ORDERED at Fort Myers, Florida, this

day of

November, 2001.

JOH UNI Copies: Law Clerk, Hon. Douglas N. Frazier Counsel of record Diane Gosser, Courtroom Deputy

JUDGE

- Case 2:00-cv-00410-JES
Date Printed: 11/09/2001

DFocIumLenEt 34 CO FilePd 1Y1/09/2001

Page 2 of 3

Notice sent to:
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Heui Young Choi, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Kenneth Lawrence Gillespie, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Lori Anne Brown, Esq. Jackson Lewis Schnitzler & Krupman First Union Financial Center - Suite 2600 200 S. Biscayne Blvd. Miami, FL 33131-2374
Patrick Martin, Esq. Office of the Attorney General PL-01, The Capitol Tallahassee, FL 32399-1050

Case 2:00-cv-00410-JES Document 34 Dennis LG_~S Webb, Esq.

- Filed 11/09/2001

Webb & Scarmozzino, P.A.

1617 Hendry St., Third Floor

Ft. Myers, FL 33901

Page 3 of 3

 
 Case 2:00-cv-00410-JES Document 37
)

Filed 11/27/2001 Page 1 of 4
)
~'LED

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA alNOV27 M1IO:OO
FORT MYERS DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

and

Case No. 2:00-cv-410-FTM-29DNF

CHRIS WEATHERSPOON,

Intervening Plaintiff,

vs.

VAL WARD CADILLAC, INC.,

Defendant.

ORDER This matter comes before the Court on Plaintiff's Motion for Reconsideration of Court's Order Dismissing Case With Prejudice, received in Chambers November 21, 2001.1 Plaintiff's counsel and the mediator notified the Court telephonically of the error in the Mediator's Report (Doc. #33), whereupon plaintiff filed the instant motion seeking reconsideration. On November 9, 2001, the Court entered an Order (Doc. #34) dismissing the case with prejudice based on the Mediator's Report (Doc. #33). Judgment (Doc. #35) was entered the same day. Having reviewed the motion and finding good cause, the Court will grant the motion. The Court also notes that the Consent Decree desired has been agreed upon by all parties.

IPlaintiff has informed the Court that an original copy will be provided to the Court for the record. The Clerk shall substitute the original for the faxed copy.

Case 2:00-cv-00410-JES Document 37 Filed 11/27/2001 Page 2 of 4

)

)

Accordingly, it is hereby

ORDERED:

1. The Order (Doc. #34) and Judgment (Doc. #35) are hereby

vacated.

2. The parties shall file the desired Consent Decree within

THIRTY (30) DAYS of this Order. If no Consent Decree is filed, the

Court will thereafter dismiss the case with prej udice, without

~ further notice. DONE AND ORDERED at Fort Myers, Florida, this

day of

November, 2001.

Copies: Counsel of record
Roger C. Benson, Esq. 2158 Blossom Way South St. Petersburg, Florida 33712-6016

DISTRICT JUDGE

2

Case 2:00-cv-00410-JES Document 37 Filed 11/27/2001

)

F I L E COP Y

}

Date Printed: 11/27/2001

Page 3 of 4

Notice sent to:
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Heui Young Choi, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Kenneth Lawrence Gillespie, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Lori Anne Brown, Esq. Jackson Lewis Schnitzler & Krupman First Union Financial Center - Suite 2600 200 S. Biscayne Blvd. Miami, FL 33131-2374
Patrick Martin, Esq. Office of the Attorney General PL-01, The Capitol Tallahassee, FL 32399-1050

Case 2:00-cv-00410-JES Document 37 Filed 11/27/2001

Dennis Lo~2s Webb, Esq.

)

Webb & Scarmozzino, P.A.

1617 Hendry St., Third Floor

Ft. Myers, FL 33901

Page 4 of 4

 
 Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 1 of 18

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1 IN THE UNITED STATES DISTRICT_~~~IQ ,~

FOR THE MIDDLE DISTRICT OF FUDRIDA

FORT MYERS DIVISION

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Plaintiff,

)

)

and

)

CIVIL ACTION NO.

)

2:00-cv-410-FtM-29D

CHRIS WEATHERSPOON,

)

)

P lainti ff- Intervener,

)

)

v.

)

)

VAL WARD CADILLAC, INCORPORATED, )

)

Defendant

)

--------------------------------)

CONSENT DECREE 1. This Consent Decree (the "Decree") is made and entered into by and between Plaintiff EEOC. the Equal Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC"), and Plaintiff-Intervenor, Chris Weatherspoon (hereinafter referred to as "Plaintiff-Intervenor") and Defendant, Val Ward Cadillac, Incorporated (hereinafter referred to as "Val Ward Cadillac"). The Commission, Plaintiff-Intervenor and Val Ward Cadillac are collectively referred to herein as "the Parties." 2. On September 29, 2000, EEOC initiated this action by filing its Complaint against Val \\'ard Cadillac. EEOC's Complaint alleged that Val \Vard Cadillac violated Title \'n of the Civil Rights Act of 1964, as amended, including but not limited to, amendments authorized by the Civil Rights Act of 1991,42 U.S.C. Section 2000e et seq. ("Title VII"). The Complaint arose out

IU

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 2 of 18
of the allegations in an EEOC charge filed by Chris Weatherspoon against Val Ward Cadillac. 3. On November 8, 2000, Plaintiff-Intervenor, Chris Weatherspoon filed a Motion to
Intervene in the above-styled case. On December 6, 2000, the Court granted the motion. 4. On February 12, 2001,\'al Ward Cadillac filed its Answer to EEOC's Complaint,
denying its actions were discriminatory in any way. S. In the interests ofresolving this matter, to avoid the costs oflitigation, and as a result
ofhaving engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns. The entering into this agreement is not an admission to the allegations contained in the Complaint or raised in this matter.
6. The Parties agree that this Decree resolves all claims against Val Ward Cadillac alleged in EEOC Charge Number ISO 99 1823 and the Complaints filed in this action. The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with the EEOC other than the Charge referred to in this paragraph.
7. This Decree constitutes the complete agreement between the EEOC and Val Ward Cadillac with respect to the matters referred to herein. No representations or inducements to compromise this action haw been made, other that those recited or referenced in this Decree. No waiver, modification or amendment of any provision ofthis Decree shall be effective unless made in writing, approved by all parties to this Decree and approved or ordered by the Court.
NOW, THEREFORE, the Court haying carefully examined the tenns and provisions ofthis Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJLl)GED AND DECREED THAT:
2

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 3 of 18
! '"
JURlSDICfION 8. This court has jurisdiction ofthe subject matter ofthis action and over the Parties for the purposes of entering and enforcing this Decree. 9. No party shall contest jurisdiction ofthis federal court to enforce this Decree and its tenns or the right of the EEOC to bring an enforcement suit upon breach of any ofthe terms of this Decree.
GENERAL INJUNCTIVE PROVISIONS 10. Val Ward Cadillac, its officers, managers, employees, agents and partners, agree that
it will not engage in any conduct which violates Title vn of the Civil Rights Act of 1964, as
amended, by adversely affecting the tenns and conditions of any individual's employment or by
discharging an employee for opposing or participating in any Title vn statutorily protecteC. activity.
11. Val Ward Cadillac, its officers. managers, employees, agents and partners, agree that it will not discriminate against any employee who opposes any of Defendant's practices ..,hich the employee believes to be a violation ofTitle VII; who files a charge ofdiscrimination v.ith :ie EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigat:n and/or prosecution of any charge of discrimination; or who cooperated in the investigation or p:-.:secution of this case.
TRAINING
12. Val Ward Cadillac has established a written policy of compliance wit:: Title vn
3

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 4 of 18
which is attached hereto as Exhibit A. A complete copy of this policy will be distributed to all its current employees at all of its facilities by January 31, 2002. Val Ward Cadillac further agrees that
all new employees will be provided a copy of the policy within one week of employment.
13. In order to further insure the effective implementation of Val Ward Cadillac's antidiscrimination policies, Val Ward Cadillac will conduct training for all of its managers and supervisory personnel at its facilities in Ft. Myers, Florida, on all aspects ofTitle VII. Such training shall be conducted by Vicki Sproat, Esq., ofthe law firm ofHenderson & Franklin, and shall last at least four hours. The first training shall be conducted by January 31, 2002. Val Ward Cadillac shall provide the EEOC at least two weeks notice before it conducts its training session(s). The notice shall include the date(s) of the training, copies of all training material to be used at the training session and a list ofthe names and titles ofeach employee who will be in attendance at the training.
DEVELOPMENT OF COMPLAINT PROCEDURE 14. Val Ward Cadillac will implement the investigation and complaint resolution procedures attached as Exhibit B. This investigation and complaint procedure will be: 1) documented in Val Ward Cadillac's Employee Handbook; 2) given to all employees; and 3) posted in a conspicuous location in all of Val Ward Cadillac's facilities by January 31, 2002.
POSTING 15. Val Ward Cadillac will post within seven days from the Court's execution of this Decree an 8.5" x 11" size copy of the Notice attached hereto as Exhibit C. Said notice shall be posted at all Val Ward Cadillac facilities for the duration of this Decree in conspicuous locations
4

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 5 of 18
accessible to all employees.
MONITORING 16. Val Ward Cadillac will retain all employment records relating in any way to any complaint, allegation and investigation of race discrimination or retaliation at any of Val Ward Cadillac's facilities for the duration of this Decree and as required by law. 17. Val Ward Cadillac will provide the EEOC with the name, address and phone number ofany person who alleges they have been subjected to racial harassment or retaliation while working at any ofVal Ward Cadillac's facilities during the preceding six (6) months. Val Ward Cadillac will also state its actions taken in response to each such allegation. The first report shall be submitted by January 31, 2002. Val Ward Cadillac will provide upon request by the Commission any and all documentation associated with each such complaint. 18. Val Ward Cadillac will certify to the EEOC every six (6) months throughout the duration of this Decree that it is in compliance with all aspects of this Decree. The first such certification will be due no later than January 31. 2002.
MONETARY RELIEF 19. Val Ward Cadillac shall pay Chris Weatherspoon a lump sum in the amount of $80,000.00 (Eighty Thousand Dollars). $7,000.00 (Seven Thousand Dollars) represents back pay, less amounts required to be withheld for federaL state, and local income taxes. Val ¥/ard Cadillac will also issue an I.R.S. form and W-2, and shall be responsible for the payment of the employer's share of any federal, state, or local income taxes, and social security withholdings. Additionally,
5

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 6 of 18
,
$40,302.00 (Forty Thousand Three Hundred and Two Dollars) represents compensatoryand punitive damages and Val Ward Cadillac shall issue a form 1099 itemizing same. Also, $32,698.00 (Thirty Two Thousand Six Hundred and Ninety Eight Dollars) represents attorney fees. All payments shall issue within fifteen (15) calendar days from the Court's execution of this Decree, and shall be made by certified check in the name offiennis Webb, Esq., in trust for Chris Weatherspoon and forwarded to Dennis Webb, Esq., at his office address, 1617 Hendry Street, Third Floor, Fort Myers, Florida 33901, by Federal Express Mail. Said copies shall be forwarded to the attention of Kenneth L. Gillespie, EEOC Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 3313 I.
20. If Val Ward Cadillac fails to tender the above-mentioned payments as set forth in paragraph 19, then Val Ward Cadillac shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621 (b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the Defendant.
ENFORCEMENT OF DECREE 21. The Commission shall have independent authority to seek the judicial enforcement of any aspect, tenn or provision of this Decree. 22. The Court will take whatever measures necessary to effectuate the terms of this Decree.
COSTS 23. Each Party shall bear its own costs associated with this litigation.
6

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 7 of 18
1
i
DURATION OF CONSENT DECREE 24. The duration of this Decree shall be three (3) years from the date of entry of the Decree.

SO ORDERED, ADJUDGED AND DECREED, this _ day ofNovemeer, 2001.

JOHN E. STEELE UNITED STATES DISTRICT JUDGE

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

by: kO~~~~

Date: £) ....12 c-ol

Delner Franklin-Thomas

Regional Attorney

U.S. Equal Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO: PLAll'-.TTIFF-INTERVENER CHRIS \\'EATHERSPOON

by: (Jj;,fc) fa:r~ Chris Weatherspoo Plaintiff-Intervener c/o Dennis Webb, Esq. 1617 Hendry Street, Third Floor Fort Myers, Florida 33901

I Date: l); 11- D

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 8 of 18

AGREED TO: FOR THE DEFENDANTS
by: pQd(/I
Jackson, Lewis, Schnitzler & Krupman First Union Financial Center 200 South Biscayne Boulevard Suite 2600 Miami, Florida 33131

Date: 7L/-!~ --1....1=,2rf--J/l . .:. . .1_

8

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 9 of 18
EXHIBIT A

~, r.vv,\ •••• "'' .v. ... .......
. Case 2:00-cv-00410-JES Document 41 . ~ i

Filed 12/21/2001 Page 10 of 18

,.,iI. .~ ".PI

,1Il-,... 01M

I GENERAL EMPLOYMENT POLICIES

It fa u\ls company's policy to empfay people who .... but quallft_ to do "'e work
tequ;,..d. This organiZation attempt. to provide up-to-date training. adVancement fat
d...rving .mploye••• wages companlbl. to thOI. prevailing In the area, and wetting relaHonships that .,.. fair and fra. from b~. Ind discrimination. With the above ftrm'y In
mind. w. now tum to g.neral employment polld.s.

Employment at Will Policy

It Is understood that your employment wUl be for no definite period, regardless of "'e period of payment of your wag••. You have the right to terminate your .mployment at any time wIth or without notice, and this organization has the same right. No one other than the own.r of this company has the authority to modify this relationship or make any agreement tc the contrary. Any IUch modification or agreement mutt be In writing and signed by both partial.
.'"
Open Door Policy

Please keep in mind that all managerial office doors are open to you. Management personnel is willing and anxious to meet with you on a one-to.one basis to answer questions, proVide information, and settle any differences or grievances in an amicable manner. Each employee should feel free to discuss with his supervisor any matters affecting hi. employment Without reprisal. When satJsfaction is not received at the departmental IElvel, questions may then be r.ferred to the General Manager.

Equal Employment Opportunity Employer (EEOE)

This organization is an equal employment opportunity employer.

, ,
,;

E~OE

We de not discriminate against employees or job applicants on the basis of

race, religion. color, sex, age. national origin, marital status, disability.

veteran status. or any other .tatus or condition protected by applicable

federal or state statutes. except where a bona fide occupationa'

qualification applies. This organization will provide equal opportunity for

all staff members in employment Ind personnel practices, company

sponsored education and training programs, and any social-recreational

activities.

AU employment applications will be considered on the basis of individual qualifications with emphasis an selecting
.tthe best qualified person for the job."
Selection decisions wHl include. but not be limited to, such eonsiderations as the date of the application. previous work records. special training and skills. work experience. attitude. and any oth~r qualifications that are eleany job related.

I

Case 2:00-cv-00410-JES Document 41

Filed 12/21/2001 Page 11 of 18
" !

ru".,,4 All employ", are obllQated to at dtrmatively tD .,..UN

equal ,..rtlclpatlon ",.n

avallabl. opportunltfH. Any vtotatlo" of 1M atgMlatlo"', equal .",'orment opportunity

POlicy should be reported to eft••mpfay. .•• Immediate IUpeMaor end the .pptoprt.w

grievance proceclur. will b. followed. If the emptor••'. eupervtaor Is believed to be

0' involved In Of his c:aused ttl.. policy violation. It ehould be reponed directly ta ,ny
member of management or th~ owner thl. org.nlzatlon.

Pleae tteep in mind, however, thil company QI1 not .dd,.... a violation unress It is made
aware of the allegation. All eruploy••• ,re obligated to report en, knowledge of luch
violations to management. In addition, thjs oompany prohibits retaliatory conduct by
anyone against an employee reporting I vfolation or partlcJpatJng in the grtevance proceSI.

Policy Against Sexual Harassment

This organization is committed to providing a sate work environment In keeping with thil commitment, we maintain a .Ulct policy prohibiting any kind of sexul' harassment
,
i." Do you know wh.t sexu,' harassment
The Equal Employment Opportunity Commiuion (EEOC) defines sexual
haras.sment as jokes. comments, andlor graphic or physical conduct relating to an individual'l sex including sexual advances. requ.sts for lexual favors. offenliv. touching. or any conduct of I sexual nature. Sexual harassment inc!udes a hostile environment that int8f'f.res with an iridMdual's work" perfarmance or create. an intimidating. hostile. or offensive working environment

Please do not bring to the workplace any material tnat is non.business in nature such as sexual or racial materials. Should you receive lueh materials at tne dealership (via CDworker, fax, mail, .tc.), it is the company's policy to notify your supervisor. This material is to be destroyed and discarded. Furthermore, the telling of jokes or stones af this nature is not permitted.
~
Sexual Harassment Grievance ProcedUTfJ

Any employee who believes that she has been harassed by a co-wor1<ar, supervisor, vendor, or agent at this organization. should promptly report the facts of the incident(s) and the name(s) of the individual(s) 'nvolved to her supervisor or ta any member of management.

Please keep in mind, however, that this company can not address a violation of this

policy unless it is made aware of the allegation. All employees are obligated to report

any knowledge af such violations to management. This ~mpany prohibits retaliatory

conduct by anyone againat an employee reporting a violation or participating in the

grievance process.

.

Management will make every effort to ensure that complaints of harassment are resolved
promptly and effectively. If the employee is not satisfied with the action taken by his supervisor, the employee may bring the ~mplaint to the attention of the General
Manager. The complaint will be investigated by-the General Manager and the employee wiU be advised of the findini$ ilnd conclusions. Any employee found to have harassed any other employee of this company will be properly disciplined and is subject to

... . -- •", \I"" oJ I "., --..,..
Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 12 of 18

"'Is ImmecU.- dlam...... 1lMrefor•• It .. Imp....tIV. that. h......ed employH uunze
d'icrtbed grievlnce procedure In • tJmery mlnner 10 thlt the approprtate remldbll leUon may be undertaken by this tompany.
--- .
Alcohol and Us. of lIt.gal Drug-

Drug and alcohol use I. highly detrtmenta' to the safety and productivity of employee. in
the wortcpJace. Thll u.e of alc;ohoUc beverages or mllgal drugs on the dealershlp's
p...mlse. it not permitted. Ally emplo,ee on the premlae, found to b. under the Innuence of alcohol or CSrugs will be subject to Immediate dfamlSMI.

Community Relations

Because YOU represent this de.lership, the community's Impression of you will often be

theit impr••sion of the entire organiZation. In your interactions with others, whether they

are customers or your wotking asaocfate., you shQuld always be courteous. tIIctful, and

fair. This will nat only add to the efftciency at the organization but it wUl enhance your

experience here at the dealership.

~

Many of U$ have a tendency to become eareless and indIfferent when dealing with peopla
other tnan on a face-~face basis, suCh as tllephone communications or Jetter writing. Mo.t of the time this Is unintentional. Thus, we hope that by making you aware of this, It
will prompt you to make e-vlry effort to deal with others In a profession.' manner. The idea to

"treat others as you would .want to be treated yourself"

is always a good rule to fellow. Being friendly and courteous req~ires little energy, yet reaps large benefits. Bearing al1 ttlls in mind will help you improve your relationships with
our custamera, the community, as well as with your associates.

Customer Relations

As you already know. it ;$ the customer who pays our wages. Dealing with customers fai,:ly, promptfy. and courteously Will give them a rea san to return to this dealership for
their next purchase or service needs. Here are some good ideas to implement.

1. Gr.et eustom81'$ promptly Ind with courtuy.

2. Smilel

3. Use a customer's name wheneve, possibl•.

4. Se friendly, but not famlliar- some find this uncomfortable.

,

!. Do not loa. your tamper - only fools win argument$.

t

B. Make only the promises you can keep.

~-----_/

Val WatrJ OkJ$mobile. Inc.

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 13 of 18
EXHIBITB

&11:."- ~ .. ''''''' I 1 1'-1 """.... ,., ... _ _ _ •• __
Case 2:00-cv-00410-JES Document 41

.. Filed 12/21/2001 Page 14 of 18

All employ... .,.. Oblloatad to .ct dlrmatiWlY lID ~ full ancI equal p.rtlclpatlon In an
.v."abl.opportunIUn. Any vIofatfon of the atV8ftlzatlon·. equal employment oppottainity POlicy Ihouid be reported to the .mploy. .•• Immediate ,upetvt.or a~ the approprla grievance ~ocedur. Will be fonowed. If the employ..•• hpervfaor I, believed to be
involved In or ha caUMd ttl.. policy vtGlation. It Ihoufd be reported dlRCtty to Iny
member of management or th.• owner of U'lia organization.
PIN,el(.ep in mind, howe~r. thf. company can not .dd,.... a yfolaUon unress It it made aware of the allegatSon. AU eruploy••' .... obligated to report MY knowledge of Iuch
violations to management In addition. this company prohibits retaliatory conduct by anyone against an employ.....poJ'Ung a violation or participating in the grteVinea
proceSI.
Policy Against Sexual Harassment
This organization is committed to providing a sat- work .nvlronment In keeping with this
commitment. we maintain a Itrlct policy prohibiting any kind of sexual harassmenl

Do you know wh.t $uol hfIt7Jssment i.?
" The Equal Employm.nt Opportunity ClJmmlulon (EEOC) defines sexual
· harassment as jokes, eommenta, and/or graphic or phYla' conduct " re'ating to an individual's sex including sexual advances. requests for
· .exual favors. offen.ive touching. or any conduct of a sexua' n.ture.
Sexual harassment includes a hostile environment that intMferes with an
individual'. work' performance or creat•• an intimidating. hostile. or · offensive working environment

Please do not bring to the workplace any matenal that is non-business in nature such as
sexual or racial materials. Should you· receive luch materials at tne dealership (via co-
worker. fax, mail, etc.), it is the company's policy to notify your supervisor. This material is to be destroyed and discarded. Furthermore, the telling of jokes or stones of this nature is not permitted.
..:
Sexual Harassment Grievance Procedure

Any employee who believes that she has been harassed by a eo.wOr1<er, supervisor.
vendor, or agent of this organization. should promptly report the facts of the incident(s) and the name(s) of the Individual(s) 'nvolved to her supervisor or to any member of
management.

Please keep in mind. however, that this company can not address a 'tielation of this

policy unless it is made aware of the allegation. All employe~ are obligated to report

any knowledge of such violation_ to management This company prohibits retaliatory

conduct by anyone against an employee reporting a vielation or participating in the

grievance procesl.

.

Management will make every effort to ensure that complaints of harassment are resolved
promptly and effectively. If the employee is not satiSfied with the' ac1ion taken by his
supervisor, the employee may bring the complaint to the attentian or the General
M~nager. The camplaint will be investigated by the General Manager and the employee
Will be adVised of the findings and conclusions. Any employee found to have harassed
any other employee of this company will be properly diSciplined and is subject to

,,-, '."'...1 ,..-..:w__ 1-_

.... ..,...,-........._-•.. --
Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 15 of 18
,aa, I, 'aUt.. '1*-,,"- . " .

."'mad.... dl.ml•••I. ,"*,-f'o,., ft .. 'mp.ratiVe that. h......ed . .ptoyee utilize Uta.
deacrll)ed grievance pr~u,. 'n • timely manner .0 that the appropriate remedra, action rna., be undertaken by this tamp.".,.

Alcohol and Use of IIltgal Drugs
Drug and alcohol ~e Ia highly detrimental to the safety and productivity of employ••• in
the wortplaca. The use of alcoholic bev.ragu or megal drugs on ttle dealershlp's pr.mlsea i8 not permJUed. Any employ•• on th. pr.mlses found to be under the
Inftuence of alcohol or ijrvga wtll be $ubj.ct to ImmedIate d..m....'.

Community Relations
I

Because YOU repruent this de.'ership, the community's fmprelSion of you will often be

their imprusion of the entite organization. In )'our interactions with othera, whether they

are customers or your wofting asaoc::fates, you should always be courteous. tactful, and

fair. Thb will nor only add to the efficiency of the organization but it wtu enhance your

experience her. at the dealership.

~

Many of us have a tendency to become careless and indlfferlnt whln dealing with peopl.
't other than on a hlee-to-face basis. suCh as telephone communications or letter writing.
Moet of the time this is unintentional. Thus, we hope that by making you aware of this. will prompt you to make every effort to de.1 with others In a professfon.' manner. The idea to

"treat others as you would ,want to be treated yourself"

is always a good rule to follcw. Being friendly and courteous requireslittJl energy, yet reaps large benefits. Bearing aU this in mind wiJ1 help you improve your relationships with
our customers, the community, as well as with your as.ociat~.

Customer Relations

As you already know, it is the customer who pays our wages. Dealing with customers fai~y. promptly, and courtaously w1ll give them a reason to rerum to this dealership for
. their next purchare or service needs. Here are some gOOd ideas to implement.

1. Greet customers promptly and wIth courtuy. 2. Smilel 3. Us., cunomers name whenev.r possible. 4. Be fri.ndly, but not familiar- $ome find this uncomfortable. 5. Do not loa. your tamper - only '001$ win arguments. 6. Make only the promlsls you can keep.
~---------------------/

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 16 of 18
, .'
EXHIBIT C

" -.' Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 17 of 18

NOTICE POSTED PURSUANT TO A CONSENT DECREE
This Il\)tice is heing posted pursuant 10 a Consent Decree entered by the Court in EEOC vs, \'al \\'ard Cadillac. Incorporated. Val Ward Cadillac. (nc, will not discriminate against employees 111 \ 101allon of Title \'1[ of the Civil Rights Act of 1964 CTitle VII"), Title VIl protects mdl'.lduals from discrimination In all aspects of their emplojment. including hlnng. because of theIr race. religion. color. national origin. or sex,
Val Ward Cadillac, Inc, assures its employees thal it supports Title VII and will not take any action against an individual because he she has exercised his/her rights under the law to oppose discrinllnatory acts or to file charges with the EEOC.
This notice shall remain posted for three years from the date signed, Emplo:ees or applicants
for emplo~ment who have questions about their rights under Title vn or any other fede:-al anti-
discrimination law may telephone the Miami District Office of the Equal Emplo)ment Opportunity Commission at 1-800-669-4000, (305) 530-6000 or (305)530-6006.

Signed this

day of ___. 2001.

PRESIDE~T CEO, \'al Ward Cadillac. Incorporated

Case 2:00-cv-00410-JES Document 41 Filed 12/21/2001 Page 18 of 18

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

1

Miami District Office

One Biscayne T~er

I

2 South Biscayne Blvd. Suite 2700

Miami FL, 33131

(305) 536...u91

TTY (305) 536-5721

FAX (305) 536-41J II

December 20, 2001

VIA FEDERAL EXPRESS
Leslie K. Stoddard Clerk of Court United States Courthouse Middle District of Florida, Ft. Myers Division 2110 First St., #2-194 Ft. Myers, Florida 33901

Re:

EEOC v.Val Ward Cadillac, Inc.

Ciyil Case No.: 2:00-cv-410-FtM-29D

Dear Ms. Stoddard:

Enclosed for filing in the U.S. District Court for the Middle District of Florida, Ft. Myers Division, are an original and t\vo copies of the following document:

Executed Consent Decree

I haye stapled a self-addressed, stamped envelop to the copy that I wish to have stamped by your office and returned to me.

Thank you for your prompt attention to this matter.

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?456711014989455-L_3...

U.S. District Court Middle District of Florida (Ft. Myers) CIVIL DOCKET FOR CASE #: 2:00-cv-00410-JES

CLOSED, DNF

EEOC v. Val Ward Cadillac Assigned to: Judge John E. Steele Demand: $0 Cause: 28:451 Employment Discrimination Plaintiff Equal Employment Opportunity Commission
1 of 6

Date Filed: 09/28/2000 Date Terminated: 02/11/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by C. Gregory Stewart Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklin-thomas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heui Young Choi Law Office of Il Young Choi, P.A. 200 Cypress Creek Rd., Suite 230
6/7/2007 9:23 AM

Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?456711014989455-L_3...

V. Defendant Val Ward Cadillac

Ft. Lauderdale, FL 33309 954/782-0106 Ext. 217 Email: hchoi@cswm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth Lawrence Gillespie Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 Email: kenneth.gillespie@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lori Anne Brown Littler Mendelson, P.C. One Biscayne Tower, Suite 1500 Two South Biscayne Blvd. Miami, FL 33131 305/400-7500 Fax: 305/603-2552 Email: labrown@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick F. Martin Littler Mendelson, P.C. One Biscayne Tower, Suite 1500 Two South Biscayne Blvd. Miami, FL 33131 305/400-7500 Fax: 305/603-2552

2 of 6

6/7/2007 9:23 AM

Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?456711014989455-L_3...

Intervenor Plaintiff Chris Weatherspoon
V. Intervenor Defendant Val Ward Cadillac

Email: pfmartin@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dennis Louis Webb Webb, Scarmozzino & Gunter, PA 2nd Floor 2121 W First St Ft Myers, FL 33901 239/334-1600 Fax: 239-334-7979 Email: dennis@wsglawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lori Anne Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick F. Martin (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/28/2000 09/28/2000 09/29/2000 10/02/2000 10/02/2000 11/01/2000 11/01/2000

#

Docket Text

1 COMPLAINT for injunctive relief filed; jury demand Filing fee waived (sll) (Entered: 09/29/2000)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Douglas N. Frazier (sll) (Entered: 09/29/2000)
SUMMONS(ES) issued for Val Ward Cadillac. (sll) (Entered: 09/29/2000)
2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (sll) (Entered: 10/02/2000)
3 INTERESTED PERSONS ORDER ( Signed by Judge John E. Steele ) ctc (sll) (Entered: 10/02/2000)
4 MOTION by Val Ward Cadillac with memorandum in support to dismiss the complaint (sll) (Entered: 11/01/2000)
5 INTERESTED PERSONS ORDER directing Val Ward Cadillac, Inc. to file a certificate of interested persons and corporate disclosure statement within 11 days. ( Signed by Judge John E. Steele ) ctc (sll) (Entered: 11/01/2000)

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11/08/2000 11/09/2000 11/09/2000 11/09/2000 11/09/2000 11/13/2000 11/14/2000 11/14/2000 11/28/2000 11/28/2000 12/06/2000 12/06/2000 12/06/2000 12/07/2000
12/20/2000 12/20/2000 12/21/2000 12/21/2000 12/21/2000 12/21/2000

6 MOTION with memorandum in support to intervene by Chris Weatherspoon (Proposed Intervenor Complaint & Order Attached) (sll) (Entered: 11/08/2000)
7 CERTIFICATE OF COMPLIANCE by EEOC Re: [2-1] order (sll) (Entered: 11/09/2000)
8 NOTICE of filing by EEOC (sll) (Entered: 11/09/2000)
9 NOTICE by EEOC of pendency of other actions re: order of compliance to local rule (sll) (Entered: 11/09/2000)
10 CERTIFICATE OF COMPLIANCE by EEOC Re: [3-1] order (sll) (Entered: 11/09/2000)
MOTION(S) referred: [6-1] motion to intervene by Chris Weatherspoon referred to Magistrate Judge Douglas N. Frazier (sll) (Entered: 11/13/2000)
11 RESPONSE by EEOC in opposition to [4-1] motion to dismiss the complaint (sll) (Entered: 11/14/2000)
12 CERTIFICATE OF COMPLIANCE by Val Ward Cadillac Re: [5-1] order (sll) (Entered: 11/14/2000)
13 NOTICE of filing waiver of service of summons by EEOC (sll) (Entered: 11/28/2000)
14 WAIVER OF SERVICE returned executed as to Val Ward Cadillac on 10/23/00 Answer due on 12/22/00 for Val Ward Cadillac (sll) (Entered: 11/28/2000)
15 ORDER granting [6-1] motion to intervene by Chris Weatherspoon ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 12/06/2000)
16 INTERVENOR'S COMPLAINT by Chris Weatherspoon against Val Ward Cadillac; Jury Demand (sll) (Entered: 12/06/2000)
16 DEMAND for jury trial by Chris Weatherspoon (sll) (Entered: 12/06/2000)
17 INTERESTED PERSONS ORDER directing Chris Weatherspoon to file a certificate of interested persons and corporate disclosure statement within 11 days. ( Signed by Judge John E. Steele ) ctc (sll) (Entered: 12/07/2000)
18 NOTICE by Chris Weatherspoon of pendency of other actions re: order of compliance to local rule (sll) (Entered: 12/20/2000)
19 CERTIFICATE OF COMPLIANCE by Chris Weatherspoon Re: [17-1] order (sll) (Entered: 12/20/2000)
20 INTERVENOR'S COMPLAINT by Chris Weatherspoon against Val Ward Cadillac; Jury demand (sll) (Entered: 12/21/2000)
20 DEMAND for jury trial by Chris Weatherspoon (sll) (Entered: 12/21/2000)
21 NOTICE of filing amended complaint by Chris Weatherspoon (sll) (Entered: 12/21/2000)
22 AMENDED INTERVENOR'S COMPLAINT by Chris Weatherspoon : amending [20-1] intervenor complaint; Jury Demand (sll) (Entered: 12/21/2000)

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12/21/2000 01/11/2001 01/18/2001 01/18/2001
01/18/2001 02/14/2001 02/15/2001 03/22/2001 10/16/2001 10/19/2001
10/25/2001
10/31/2001 11/07/2001 11/09/2001 11/09/2001

22 DEMAND for jury trial by Chris Weatherspoon (sll) (Entered: 12/21/2000)
23 CASE MANAGEMENT REPORT (c: courtroom deputy) (sll) (Entered: 01/11/2001)
24 ORDER denying [4-1] motion to dismiss the complaint ( Signed by Judge John E. Steele ) ctc (sll) (Entered: 01/18/2001)
25 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 10/5/01 ; Discovery cutoff 11/2/01 ; dispositive motion filing deadline for 12/7/01 Pretrial statement due on or before 3/1/02 ; Pretrial conference for 9:00 4/12/02 ; Jury trial set for 5/6/02 ; Scheduled for Judge John E. Steele ( signed by Judge John E. Steele ) ctc (sll) (Entered: 01/18/2001)
MOTION(S) no longer referred: (sll) (Entered: 01/18/2001)
26 ANSWER and affirmative defenses by Val Ward Cadillac to [22-1] intervenor complaint (sll) (Entered: 02/14/2001)
27 ANSWER and affirmative defenses to [1-1] complaint by Val Ward Cadillac (sll) (Entered: 02/15/2001)
28 STIPULATION substituting attorney by defendant Val Ward Cadillac, intervenor-defendant Val Ward Cadillac. (sll) Modified on 03/30/2001 (Entered: 03/22/2001)
29 JOINT MOTION by EEOC, Chris Weatherspoon, Val Ward Cadillac with memorandum in support to extend time of the remaining litigation deadlines in this case. (sll) (Entered: 10/17/2001)
30 ORDER granting [29-1] motion to extend time of the remaining litigation deadlines. The Courtroom Deputy shall file an amended Case Management and Scheduling Order reflecting the proposed dates in the Joint Motion. ( Signed by Judge John E. Steele ) ctc (sll) (Entered: 10/19/2001)
31 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 10/5/01 ; Discovery cutoff 1/4/02 ; dispositive motion filing deadline for 2/8/02 Pretrial statement due on or before 5/1/02 ; Pretrial conference for 4:00 6/10/02 ; Jury trial set for 7/1/02 ; Scheduled for Judge John E. Steele ( signed by Judge John E. Steele ) ctc (sll) (Entered: 10/25/2001)
32 NOTICE by Chris Weatherspoon of unavailability of counsel from 1/12/02 to 2/12/02 (sll) (Entered: 11/01/2001)
33 MEDIATION REPORT. Mediation conference held: 11/2/01. Roger C. Benson, mediator. Hearing outcome: settled (sll) (Entered: 11/07/2001)
34 ORDER this case is dismissed with prejudice. The Clerk is directed to enter judgment and close the file. ( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 11/09/2001)
35 JUDGMENT . Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (bjt) (Entered: 11/09/2001)

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11/09/2001 11/26/2001 11/27/2001
11/27/2001 12/21/2001 12/21/2001 12/21/2001 12/21/2001 01/10/2002
01/30/2002 02/11/2002
03/06/2002 03/06/2002

CASE CLOSED. (bjt) (Entered: 11/09/2001)
36 MOTION by EEOC with memorandum in support for reconsideration of [34-1] order , and to reopen case (sll) (Entered: 11/27/2001)
37 ORDER granting [36-1] motion for reconsideration of [34-1] order, granting [36-2] motion to reopen case vacating [34-1] order, vacating [35-1] judgment order. The parties shall file the desired Consent Decree within 30 days of this Order. If no Consent Decree is filed, the Court will thereafter dismiss the case with prejudice, without further notice. ( Signed by Judge John E. Steele ) ctc (sll) (Entered: 11/27/2001)
CASE REOPENED. (sll) (Entered: 11/27/2001)
38 NOTICE of filing an executed consent decreee by EEOC (fe) (Entered: 12/21/2001)
39 CONSENT DECREE by EEOC, Val Ward Cadillac, Chris Weatherspoon, Val Ward Cadillac (fe) (Entered: 12/21/2001)
40 NOTICE of filing consent decree by EEOC (lap) (Entered: 12/26/2001)
41 CONSENT DECREE by EEOC (lap) (Entered: 12/26/2001)
42 ORDER that the parties may file a memorandum of reasons within 20 days if they wish the Court to consider retaining jurisdiction. If the parties do not file memoranda, the Court will thereafter enter an Order of Dismissal with Prejudice, without retaining jurisdiction. ( Signed by Judge John E. Steele ) ctc (sll) (Entered: 01/10/2002)
43 CERTIFICATE OF COMPLIANCE by EEOC Re: [42-1] order (sll) (Entered: 01/30/2002)
44 ORDER that the Clerk shall enter Judgment adopting the consent decree and directing administrative closure. ( Signed by Judge John E. Steele ) ctc (sll) (Entered: 02/11/2002)
45 JUDGMENT for EEOC, Val Ward Cadillac, Chris Weatherspoon. Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (sll) (Entered: 03/06/2002)
CASE CLOSED. (sll) (Entered: 03/06/2002)

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