- Case 2:99-cv-00219-RAL Document 1

- Filed 04/27/1999 Page 1 of 5 r.1Ir. n

TH\~~~~~i~~~~~NFLORlDA ~~."1 .-, 7 '~. " /..... ~ '-.
IN THE UNITED STATES DISTRICT COURT "'" J., ;,' FOR

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

PIZZA HUT OF AMERICA, INC.,

)

)

Defendant.

)

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

NATURE OF THE ACTION

COMPLAINT
JURy TRIAL DEMAND

This is an action under Title VII of the Civil Rights Act of 1964 and the Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex; and to provide

appropriate relief to Jennifer L. Smith and other similarly situated females who were adversely

affected by such practices. As stated with greater particularity in paragraph 7, the Commission

alleges that Ms. Smith, and other similarly situated females, were sexually harassed at Pizza Hut

of America, Inc. 's place of business in Cape Coral, Florida. The females were forced to endure

a hostile environment while at work. Ms. Smith was constructively discharged when the

harassment became intolerable.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, l331, l337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(1) and (3) ("Title

/

Case 2:99-cv-00219-RAL Document 1 Filed 04/27/1999 Page 2 of 5
VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the Untied 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. § 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant Pizza Hut of America, Inc. (the "Employer"), a Delaware Corporation, has continuously been doing business in the State of Florida and the City of Cape Coral, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Pizza Hut of America, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jennifer L. Smith filed a charge with the Commission alleging violations of Title VII by Defendant Employer Pizza Hut of America, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least January 1997, Defendant Employer engaged in unlawful employment practices at its Cape Coral, Florida location in violation of Section 703(a) of Title VII, 42 U.S.C.

Case 2:99-cv-00219-RAL Document 1 Filed 04/27/1999 Page 3 of 5
§ 2000e-2(a). (A) Jennifer L. Smith and other similarly situated females were subjected to sex
discrimination by Manager Kenneth Dickenson in the form of physical and verbal conduct of a sexual nature. This unwelcome sexual harassment created an intimidating, hostile and offensive work environment.
(B) The conditions imposed were so intolerable that Jennifer L. Smith was constructively discharged.
8. The effect of the conduct complained of in paragraph 7 above has been to deprive Jennifer L. Smith and other similarly situated females of equal employment opportunities and otherwise adversely affect their status as employees because of sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Jennifer L. Smith and other similarly situated females.
PRAYER FOR REUEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Pizza Hut of America, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex.

Case 2:99-cv-00219-RAL Document 1 Filed 04/27/1999 Page 4 of 5
B. Order Defendant Pizza Hut of America, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Pizza Hut of America, Inc., to make whole Jennifer L. Smith, and any other similarly situated females, 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.
D. Order Defendant Pizza Hut of America, Inc. to make whole Jennifer L. Smith, and any other similarly situated females, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses in amounts to be determined at trial.
E. Order Defendant Pizza Hut of America, Inc., to make whole Jennifer L. Smith and other similarly situated females, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Pizza Hut of America, Inc., to pay Jennifer L. Smith and other similarly situated females 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.

Case 2:99-cv-00219-RAL Document 1 Filed 04/27/1999 Page 5 of 5
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.
C.GREGORYSTEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
GILBERT CARRILLO
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office Two South Biscayne Boulevard One Biscayne Tower Miami, Florida 33131 (305) 530-6005

 
 Case 2:99-cv-00219-RAL Document 15 Filed 06/12/2000 Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
FORT MEYERS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.

CIVIL ACTION NO. 99-CIV -219-FTM-26D

PIZZA HUT OF AMERICA, INC.,

.

______________D_ef_e_nd_a_nt_. ____~I

'l

1,•

FINAL ORDER OF STIPULATED WSMISSAL WITH PREJUDICE

TIllS CAUSE came before the Court upon the parties' joint stipulation for dismissal with

prejudice, and the Court having reviewed the fIle, considered the stipulation, and being otherwise

fully advised, it is

ORDERED AND ADJUDGED:

Based upon the parties' joint motion for stipulated dismissal with prejudice, this action is

hereby DISMISSED WITH PRFJUDICE in its entirety and each party hereto shall bear its own

attorney's fees and costs. The Clerk of the Court is directed to CLOSE this case. The Court

reserves jurisdiction to enforce the terms of the parties' settlement agreement.

L Tkv1l1A--
DONE AND ORDERED in Chambers in lie,. ),{eyers, Florida this /

day of

~.~.

~

Copies furnished to: Jennifer Zawid, Esq. Edwin G. Torres, Esq.
MIA_I998JS9447\-\

JUDGE RIC

It.

2

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?622899420903534-L_3...

U.S. District Court Middle District of Florida (Ft. Myers) CIVIL DOCKET FOR CASE #: 2:99-cv-00219-RAL

CLOSED, DNF

EEOC v. Pizza Hut of America Assigned to: Judge Richard A. Lazzara Demand: $0 Case in other court: Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 04/27/1999 Date Terminated: 05/11/2000 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 ATTORNEY TO BE NOTICED
Gilbert Carrillo Law Office of Gilbert Carrillo P.A 2651 SW 109 Avenue Davie, FL 33328-1003 954/258-4565 Fax: 305/530-6121 Email: g2651carrillo@aol.com ATTORNEY TO BE NOTICED
Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower

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V. Defendant Pizza Hut of America, Inc.

2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED
Jennifer H. Zawid Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED
represented by Edwin G. Torres Law Office of Edwin G. Torres 299 E. Broward Blvd., Suite 205E Ft. Lauderdale, FL 33301-1902 954/769-5670 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth J. Du Fresne Steel, Hector & Davis, LLP 200 S. Biscayne Blvd., Suite 4000 Miami, FL 33131-2398 305/577-7027 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/27/1999 04/27/1999 04/29/1999 05/06/1999 06/01/1999

#

Docket Text

1 COMPLAINT filed; jury demand. (drn) (Entered: 04/29/1999)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: George T. Swartz (drn) (Entered: 04/29/1999)
SUMMONS(ES) issued for Pizza Hut of America. Consent(s) issued. (drn) (Entered: 04/29/1999)
2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (aa) (Entered: 05/06/1999)
3 NOTICE of attorney appearance for Pizza Hut of America by Elizabeth J. Du Fresne, Edwin G. Torres (aa) (Entered: 06/02/1999)

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06/15/1999 07/15/1999 07/23/1999 08/02/1999 08/05/1999 08/11/1999
08/11/1999 01/06/2000 01/10/2000
01/10/2000 03/21/2000
05/11/2000
05/11/2000 06/08/2000 06/12/2000

4 CERTIFICATE OF SERVICE of [2-1] track 2 notice by EEOC (aa) (Entered: 06/17/1999)
5 ANSWER and affirmative defenses to Complaint by Pizza Hut of America (aa) (Entered: 07/15/1999)
6 UNOPPOSED MOTION by EEOC to extend time respond to defendant's motion to strike (aa) (Entered: 07/23/1999)
7 ORDER denying [6-1] motion to extend time respond to defendant's motion to strike (Signed by Judge Richard A. Lazzara) ctc (aa) (Entered: 08/02/1999)
8 CASE MANAGEMENT REPORT. (aa) (Entered: 08/05/1999)
9 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties, amending of pleadings on 1/11/00; Deadline for filing of motions 4/10/00; Discovery cutoff 3/3/00; Jury trial set for the term commencing on 7/31/00 Scheduled for Judge Richard A. Lazzara (signed by Judge Richard A. Lazzara) ctc (aa) (Entered: 08/11/1999)
9 CASE MANAGEMENT AND SCHEDULING ORDER setting Pretrial conference for 10:00 7/6/00 (signed by Judge Richard A. Lazzara) ctc (aa) (Entered: 08/11/1999)
10 JOINT MOTION by EEOC, Pizza Hut of America to extend time for discovery period , and to extend time for dispositive motion deadline (bjt) (Entered: 01/06/2000)
11 ORDER granting [10-1] joint motion to extend time for discovery period, granting [10-2] joint motion to extend time for dispositive motion deadline, reset discovery due for 5/3/00 , reset motion filing deadline for 6/1/00 ( Signed by Judge Richard A. Lazzara ) ctc (bjt) (Entered: 01/10/2000)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Douglas N. Frazier (bjt) (Entered: 01/10/2000)
12 ORDER referring case to mediation. Conduct hearing by on or before 5/31/00 ( Signed by Judge Richard A. Lazzara ) Lead counsel, Gilbert Carrillo or any other authorized representative of the EEOC, to coordinate dates. ctc (sll) (Entered: 03/21/2000)
13 ORDER that this cause is dismissed without prejudice and subject to the right of the parties within 60 days of the date of this order, to submit a stipulated form of final order or judgment should they so choose or for any party to move to reopen the action upon good cause shown. After that time the dismissal will be with prejudice. All pending motions are denied and the Clerk is directed to close the file. ( Signed by Judge Richard A. Lazzara ) ctc (bjt) (Entered: 05/11/2000)
CASE CLOSED. (bjt) (Entered: 05/11/2000)
14 STIPULATION/MOTION by EEOC, Pizza Hut of America to dismiss with prejudice Proposed Order attached (bjt) (Entered: 06/09/2000)
15 ORDER granting [14-1] motion to dismiss with prejudice ( in its entirety and each party to bear its own fees and costs. The Clerk is directed to close this case. The Court reserves jurisdiction to enforce the terms of the settlement agreement.

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Signed by Judge Richard A. Lazzara ) ctc (bjt) (Entered: 06/14/2000)

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