Winter Springs Complaint

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
UNITED STATES OF AMERICA, Plaintiff
v.
THE CITY OF WINTER SPRINGS, FLORIDA, Defendant.
COMPLAINT
Plaintiff, the United States of America, alleges:
1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq.
2. This Court has jurisdiction of the action under 42 U.S.C. 2000e-5(f) and 28 U.S.C. 1345. 3. Defendant, the City of Winter Springs, Florida ("Winter Springs") is a municipality located in
Seminole County, Florida, and is a political subdivision of the State of Florida. 4. Winter Springs operates a fire department, in which it employs individuals as firefighters,
paramedics and in other positions. 5. Winter Springs is an employer within the meaning of 42 U.S.C. 2000e(b). 6. Stacey Goodbread was hired by Winter Springs as probationary firefighter in its fire department
on or about March 1, 1993. 7. At all relevant times, Stacey Goodbread has practiced Branhamism, which is a fundamentalist
Christian religion. 8. At all relevant times, among the religious observances, practices and/or beliefs of Mr. Goodbread
were not displaying or participating in the display of decorations commonly associated with Christmas, not watching television, wearing conservative dress in public, and daily reading of the Bible and listening to religious audio tapes. 9. Winter Springs, through Mr. Goodbread's supervisors, was aware of Mr. Goodbread's religious observances, practices and/or beliefs, including Mr. Goodbread's religious observance, practice and/or belief of not displaying or participating in the display of decorations commonly associated with Christmas. 10. In spite of this knowledge, on or about December 2, 1993, Mr. Goodbread was ordered by a supervisor to prepare Christmas decorations for display at the fire station to which he was assigned. 11. After complying with the order, Mr. Goodbread told his supervisors that he did not want to take part in any other activities dealing with Christmas decorations because those activities were against his religion. 12. Mr. Goodbread was formally disciplined by a supervisor for his objections to being required to prepare Christmas decorations. 13. Mr. Goodbread was discharged or constructively discharged from employment as a probationary firefighter with Winter Springs on or about December 15, 1993. 14. Winter Springs has discriminated against Stacey Goodbread in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-2(a), among other ways, by (a) failing and refusing reasonably to accommodate his religious observances, practices and/or beliefs; and (b) discharging or constructively discharging him from employment as a probationary firefighter because of his religion. 15. The United States Equal Employment Opportunity Commission ("EEOC") received a timely

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Winter Springs Complaint

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charge from Mr. Goodbread in which he alleged that he had been discriminated against in employment on the basis of his religion by the City of Winter Springs Fire Department. 16. Pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5, the EEOC investigated the charge and found reasonable cause to believe that discrimination in employment against Mr. Goodbread on the basis of his religion, in violation of Title VII, had occurred. The EEOC attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charge, and subsequently referred the charge to the Department of Justice. 17. All conditions precedent to the filing of this suit have been performed or have occurred.
WHEREFORE, Plaintiff prays that the Court grant the following relief:
(a) Enjoin the Defendant from failing and refusing to provide sufficient equitable relief to make whole the charging party, Stacy Goodbread, for the loss he has suffered as a result of the discrimination against him as alleged in this Complaint;
(b) Award compensatory damages to Stacy Goodbread as would fully compensate him for injuries caused by the discrimination against him as alleged in this Complaint, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 1981a.
The plaintiff prays for such additional relief as justice may require, together with its costs and disbursements in this action.
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JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 1981a.
JANET RENO Attorney General
_____________________________ BILL LANN LEE Acting Assistant Attorney General Civil Rights Division
William B. Fenton David J. Palmer Attorneys Employment Litigation Section Civil Rights Division U. S. Department of Justice Post Office Box 65968 Washington, DC 20035-5968 (202) 616-5570 Fax: (202) 514-1005

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Winter Springs Complaint
CHARLES R. WILSON United States Attorney
By
Edward L. White III Assistant United States Attorney Florida Bar Number 893773 201 Federal Building 80 North Hughey Avenue Orlando, Florida 32801 (407) 648-7500 Fax: (407) 480-7643

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 U.S. v. Winter Springs

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CIVIL ACTION N0. 99-968-Civ-Orl-22A
UNITED STATES OF AMERICA, Plaintiff, vs. THE CITY OF WINTER SPRINGS, FLORIDA, Defendant.
SETTLEMENT AGREEMENT
This action comes before this Court upon the filing of a Complaint by the United States alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et.seq. (hereinafter "Title VII"). In its Complaint, the United States alleges that the City of Winter Springs, Florida, in its Fire Department, has discriminated in employment against Mr. Stacy Howell Goodbread, a Charging Party before the Equal Employment Opportunity Commission ("EEOC") (Charge No. 150-94-2884) because of his religion. The Defendant denies all allegations of unlawful discrimination.
The parties, being desirous of appropriately settling this action, agree to the jurisdiction of this Court over them and the subject matter of this action, and hereby waive the entry of findings of fact, conclusions of law and entry of judgment. The parties, desiring to avoid protracted and unnecessary litigation, also accept this Agreement as final and binding upon themselves as to all the issues raised in the Complaint. This Agreement, being entered with the consent of the parties, shall not constitute an admission, adjudication or finding on either the merits of this action or any defenses raised during the pendency of this action.
In final resolution of this action, the parties hereby agree and the Court expressly approves, enters and orders the following:
I. DEFINITIONS
1. "Date of entry of this Agreement" shall mean the date that the Court gives final approval to this Agreement by signing and entering the Agreement as an order of the Court.
2. "Agreement" shall mean this Agreement and all appendices and attachments thereto.
3. "Defendant" shall mean the City of Winter Springs, Florida.
4. "Charging Party" shall mean Stacy Howell Goodbread.
5. "Parties" shall mean the United States of America, the City of Winter Springs, Florida and Stacy Howell Goodbread.

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U.S. v. Winter Springs

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II. RELIEF
1. The Charging Party, by his signature to this Agreement and the "Release of All Claims" that is attached hereto and incorporated herein by express reference as Exhibit A, accepts the sum of Thirty Thousand Dollars ($30,000.00) in compensation for damages other than income which shall be paid by the Defendant or by the self-insured program of which the Defendant is a member. The payment of this sum is not an admission of liability and shall not be construed as such. The Defendant shall ensure that this amount shall be paid to the Charging Party within twenty (20) days after the Date of entry of this Agreement.
2. The Defendant acknowledges that it shall not engage in any act or practice that has the purpose or effect of unlawfully discriminating on the basis of religion against any employee, applicant or potential applicant for employment with the City of Winter Springs in its Fire Department. The Defendant states that it has provided and continues to provide cultural diversity and sensitivity training and will ensure that such training includes training on the need to reasonably accommodate religious beliefs, observances and practices, as well as, prohibition against religious discrimination. Any Winter Springs Fire Department supervisor who has not received such training shall do so by September 1, 2000.
3. The Defendant acknowledges that it shall not retaliate against any person, if any, because that person has opposed allegedly discriminatory policies or practices by the City of Winter Springs in its Fire Department or because of that person's participation in or cooperation with the initiation, investigation, litigation or administration of this action or this Agreement.
III. ATTORNEYS' FEES AND RELATED COSTS
1. The parties shall bear their own costs and expenses, including attorneys' fees, in this action.
IV. DISMISSAL WITH PREJUDICE
Upon the entry of this Settlement Agreement by the Court, and within thirty (30) days after proof of payment of the sum of money to the Charging Party and completion of the training as referred to in Section II, paragraph 2, of this Agreement as outlined above, the United States of America shall execute a Joint Stipulation for Dismissal of this case with prejudice. Failure by the Department of Justice to enforce this entire
Agreement or any provision thereof shall not be construed as a waiver of its right to do so.
ON BEHALF OF THE
UNITED STATES:
_____________________________ WILLIAM . FENTON DAVID J. PALMER Employment Litigation Section Civil Rights Division U.S. Department of Justice Post Office Box 65968 Washington, D.C. 20035-5968 Phone: 202-616-5570

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U.S. v. Winter Springs
Fax: 202-616-5570
_____________________________ RALPH E. HOPKINS Assistant United States Attorney Florida Bar Number 972436 201 Federal Building 80 North Hughey Avenue Orlando, Florida 32801 Phone: 407-648-7500 Fax: 407-480-7643
_____________________________ Stacy Howell Goodbread Charging Party
ON BEHALF OF THE CITY OF WINTER SPRINGS, FLORIDA: _____________________________ F. SCOTT PENDLEY Attorney Florida Bar Number 341347 Dean, Ringers, Morgan & Lawton, P.A. Post Office Box 2928 Orlando, Florida 32802-2928 Phone: 407-422-4310 Fax: 407-425-6343
ON BEHALF OF THE CITY WINTER SPRINGS, FLORIDA: _____________________________ Paul P. Partyka, Mayor City of Winter Springs 1126 East S. R. 434 Winter Springs, Florida 32708
Date: July _________, 2000.
So ORDERED this ______________________ day of _________________, 2000.

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U.S. v. Winter Springs

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_____________________________ ANNE C. CONWAY
UNITED STATES DISTRICT JUDGE

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 CLOSED, FRC, KRS, MEDIATION
U.S. District Court Middle District of Florida (Orlando) CIVIL DOCKET FOR CASE #: 6:99-cv-00968-ACC

USA v. City of Winter Spgs Assigned to: Judge Anne C. Conway Demand: $0 Cause: 42:2003 Job Discrimination

Date Filed: 08/04/1999 Date Terminated: 08/14/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff USA

represented by Bill Lann Lee U.S. Dept. of Justice Civil Rights Division Housing & Civil Enforcement Section P.O. Box 65998 Washington, DC 20035-5998 202/514-4305 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. Palmer U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65958 Washington, DC 20035-5968 202/514-4305 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ralph E. Hopkins U.S. Attorney's Office Middle District of Florida 501 W. Church St., Suite 300 Orlando, FL 32805 407/648-7500 Email: ralph.hopkins@usdoj.gov LEAD ATTORNEY

V. Defendant City of Winter Springs

ATTORNEY TO BE NOTICED
Thomas W. Turner U.S. Attorney's Office Middle District of Florida 501 W. Church St., Suite 300 Orlando, FL 32805 407/648-7500 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William B. Fenton U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65958 Washington, DC 20035-5968 202/514-4305 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dorothy F. Green Latham, Shuker, Eden & Beaudine, LLP 390 N Orange Ave - Ste 600 PO Box 3353 Orlando, FL 32802-3353 407/481-5800 Fax: 407/481-5801 Email: dgreen@lseblaw.com TERMINATED: 12/13/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas T. Noah Dean, Ringers, Morgan and Lawton, P.A. 201 E. Pine St., Suite 1200 P.O. Box 2928 Orlando, FL 32802-2928 407/422-4310 ext:155 Fax: 407/648-0233

Mediator Lisa J. Long

Email: DNoah@DRML-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
F. Scott Pendley Dean, Ringers, Morgan & Lawton, PA 201 E Pine St - Ste 1200 PO Box 2928 Orlando, FL 32802-2928 407/422-4310 Fax: 407/425-6343 Email: spendley@drml-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James G. Brown Ford & Harrison, LLP 300 S Orange Ave - Ste 1300 PO Box 60 Orlando, FL 32802-0060 407/418-2300 Fax: 407/418-2327 Email: jbrown@fordharrison.com TERMINATED: 12/13/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lisa J. Long Law Office of Lisa J. Long 174 W. Comstock Ave., Suite 106 Winter Park, FL 32789 407/740-6199 Email: mediationsvcs@cfl.rr.com PRO SE

Date Filed 08/04/1999

#

Docket Text

1 COMPLAINT filed pursuant to a violation of 42 U.S.C. 2000e and Title VII of the Civil Rights Act of 1964. Jury trial demanded. (rdo) (Entered: 08/04/1999)

08/04/1999 08/04/1999 08/04/1999 08/23/1999 08/31/1999 09/08/1999 10/01/1999 10/21/1999 10/29/1999
12/06/1999
12/13/1999
02/01/2000

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Karla R. Spaulding (rdo) (Entered: 08/04/1999)
SUMMONS(ES) issued for City of Winter Spgs . Consent(s) issued. (rdo) (Entered: 08/04/1999)
2 ORDER directing counsel to review and certify compliance with Local Rule 1.04 (c) within 10 days from the date of this order. ( Signed by Judge Anne C. Conway ) ctc (rdo) (Entered: 08/04/1999)
3 RETURN OF SERVICE executed as to City of Winter Spgs 8/18/99. Answer due on 9/7/99 for City of Winter Spgs. (nrs) (Entered: 08/23/1999)
4 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (nrs) (Entered: 08/31/1999)
5 ANSWER and affirmative defenses to Complaint by City of Winter Spgs. (nrs) (Entered: 09/08/1999)
6 CERTIFICATE OF SERVICE of [4-1] track 2 notice by USA. (nrs) (Entered: 10/01/1999)
7 CASE MANAGEMENT REPORT. (nrs) (Entered: 10/21/1999)
8 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties, amending of pleadings on 3/1/00; Deadline for filing of motions 12/13/00; Discovery cutoff 8/25/00; Pretrial statement due on or before 12/13/00. Jury trial set for 2/1/01 before Judge Anne C. Conway. (Signed by Judge Anne C. Conway.) ctc (nrs) (Entered: 11/01/1999)
9 UNOPPOSED MOTION by City of Winter Spgs with memorandum in support for substitution of attorney (F. Scott Pendley and Douglas T. Noah to replace James G. Brown and Dorothy F. Green) . Referred to Magistrate Judge Karla R. Spaulding. (nrs) (Entered: 12/07/1999)
10 ORDER granting [9-1] motion for substitution of attorney (F. Scott Pendley and Douglas T. Noah to replace James G. Brown and Dorothy F. Green) terminated attorney Dorothy F. Green for City of Winter Spgs, attorney James G. Brown for City of Winter Spgs Added F. Scott Pendley, Douglas T. Noah. (Signed by Magistrate Judge Karla R. Spaulding.) ctc (nrs) (Entered: 12/13/1999)
11 CONFLICT ORDER: within 11 days the parties must file a response to this order ( Signed by Judge Anne C. Conway ) ctc (lak) (Entered: 02/01/2000)

02/07/2000 02/16/2000 02/28/2000 03/07/2000
03/17/2000 03/20/2000 03/28/2000 04/03/2000 04/07/2000 05/26/2000
06/05/2000 07/18/2000 07/20/2000

12 NOTICE of attorney appearance for USA by Thomas W. Turner (lak) (Entered: 02/08/2000)
13 RESPONSE by USA to [11-1] Conflict order (lak) (Entered: 02/17/2000)
14 RESPONSE by City of Winter Spgs to [11-1] Conflict order (lak) (Entered: 02/29/2000)
15 ORDER referring case to mediattion: Conduct hearing by 9/15/00. The parties have 11 days from the date of this order to file a stipulation to the selection of mediator. Absent a stipulation the Court will appoint a mediator. (Signed by Judge Anne C. Conway) Lead counsel to coordinate dates. ctc (lak) Modified on 03/08/2000 (Entered: 03/08/2000)
16 JOINT MOTION by USA, City of Winter Spgs to extend time until 3/31/00 to stipulate to a mediator (lak) (Entered: 03/17/2000)
17 ORDER granting [16-1] joint motion to extend time until 3/31/00 to stipulate to a mediator (Signed by Judge Anne C. Conway) ctc (lak) (Entered: 03/20/2000)
18 NOTICE of attorney appearance for USA by Ralph E. Hopkins (lak) (Entered: 03/29/2000)
19 JOINT STIPULATION as to mediator of by USA, City of Winter Spgs - Lisa Long (lak) (Entered: 04/04/2000)
20 ORDER appointing Lisa Long as mediator in this action. (Signed by Judge Anne C. Conway.) ctc (nrs) (Entered: 04/07/2000)
21 MOTION by City of Winter Spgs with memorandum in support to compel answers to interrogatories and responses to request to produce ; referred to Magistrate Judge Karla R. Spaulding (lak) (Entered: 05/30/2000)
22 NOTICE of withdrawal of [21-1] Motion to Compel Anwers to Interrogatories by City of Winter Spgs (lak) (Entered: 06/06/2000)
23 JOINT MOTION by USA, City of Winter Spgs to extend discovery until 9/29/00 ; referred to Magistrate Judge Karla R. Spaulding (lak) (Entered: 07/18/2000)
24 ORDER denying [23-1] joint motion to extend discovery until 9/29/00 ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (lak) (Entered: 07/20/2000)

08/07/2000 08/14/2000
08/14/2000

25 JOINT MOTION by USA, City of Winter Spgs for entry of settlement agreement (lak) (Entered: 08/08/2000)
26 ORDER denying [25-1] joint motion for entry of settlement agreement. The Judge deems it unnecessary for the Court to become a signatory to the parties' settlement agreement. The Clerk shall return the settlement agreement to Plaintiff's counsel. It appearing from the tendered settlement agreement that this action has been settled, this case is DISMISSED, without prejuidce to the right of any party to reopen the action within 90 days upon good cause shown. Any other pending motions are moot. The Clerk shall close the case. ( Signed by Judge Anne C. Conway ) ctc (lak) (Entered: 08/14/2000)
CASE CLOSED. (lak) (Entered: 09/15/2000)