IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

T.S.S.O., Inc. d/b/a Applebee's

)

)

Defendant.

)

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

CIVIL ACTION NO.
3:Q'ft v :-)/J/!CV
COMPLAINT
JURY TRIAL DEMAND

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 reliefto Hope Williams, and any other similarly situated individuals, who were adversely affected by such practices. As alleged with greater particularity in paragraph 7, the Defendant T.S.S.O. Inc. d/b/a! Applebee's, failed to hire Hope Williams, and any other similarly situated individuals, for the position of Server because of their race, Black.
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 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) ("Tit~e
t r \Gl ,I) vLU\
VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981 A. v:~·tC·f\"'I,C·r:11·"I'l~CJT'T'..C'~T~~.
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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Florida, Pensacola 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 TitIe 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)(1) and (3). 4. At all relevant times, Defendant, T.S.S.O, Inc. d/b/a Applebee's (the "Employer"), has continuously been doing business in the State of Florida and the City of Pensacola, 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 of this lawsuit, Hope Williams filed a charge with the Commission alleging violations ofTitle VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August 1996, Defendant Employer has engaged in unlawful employment practices at their Pensacola facility, in violation of Section 703(a) of Title VII, 42 U.S.c. § 2000e-2(a).
2

a. The Defendant, T.S.S.O., Inc. d/b/a Applebee's, failed to hire Hope Williams in

the position of Server because of her race, Black.

b. The Defendant, T.S.S.O, Inc. d/b/a Applebee's failed to hire any other similarly

situated individuals in the position of Server because of their race.

c. Since at least August 1996, Defendant Employer has failed, in violation of Section

709(c) of Title VII, 42 U.S.c. § 2000e-8(c), and 29 CFR §1602.14 (1999), to make and preserve

records relevant to the detennination of whether unlawful employment practices have been or are

being committed.

8. The effect of the practices complained of in paragraph 7 above has been to deprive

Hope Williams, and any other similarly situated individuals, ofequal employment opportunities and

otherwise adversely affect their status as applicants' for employment because of their race, Black.

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 ofHope Williams, and any

other similarly situated individuals.

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a pennanent injunction enjoining Defendant T.S.S.O., Inc. d/b/a Applebee's, its officers, successors, assigns, and all persons in active concert or participation with it, from

3

engaging in race discrimination and any other employment practice which discriminates on the basis of race.
B. Order Defendant TS.S.O., Inc. d/b/a Applebee's, 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. OrderDefendantT.S.S.O., Inc. d/b/a Applebee's, to make whole Hope Williams, and any other similarly situated individuals, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful-place reinstatement of Hope Williams, and any other similarly situated individuals.
D. Order Defendant TS.S.O., Inc. d/b/a Applebee's, to make whole Hope Williams, and any other similarly situated individuals, 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 T.S.S.O., Inc. d/b/a Applebee's, to make whole Hope Williams, and any other similarly situated individuals, 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 oflife, in amounts to be determined at trial.
F. Order Defendant TS.S.O., Inc. d/b/a Applebee's, to pay Hope Williams, and any other similarly situated individuals, punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
4

G. interest.
H.

Grant such further relief as the Court deems necessary and proper in the public 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 Designate
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS
C?~~
GILBER T ..cARRILLO Superv:..sO'ry Trial Attorney
~lvi~
~NNETH L. GILLESPIE
Trial Attorney Florida Bar Number: 0083054
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Two South Biscayne Boulevard One Biscayne Tower, Suite 2700 Miami, Florida 33131 (305) 530-6007 (305) 536-4494 facsimile

5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT Of FLORIDA
PENSACOLA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

CIVIL ACTION NO.

v.

3:99CV5121RV

T. S. S. 0., INC., d/b/a Applebee's

Defendant. 1.

CONSENT DECREE

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This Consent Decree ("the Decree") is made and entered-=)m~~bY aM

between Plaintiff, the Equal Employment Opportunity Commission ("the Commission"

or "EEOC") and Defendant T. S. S. 0., Inc., d/b/a Applebee's ("Defendant" or

"T.S.S.O."). The Commission and T.S.S.O. are collectively referred to herein as "the

Parties".

2. On December 22, 1999, EEOC initiated this action by filing its Complaint

against Defendant, alleging that T.S.S.O. failed to hire Hope Williams, and other

similarly situated individuals, for the position of Server at T.S.S.O.'s Pensacola, Florida,

facility, because of their race, Black, in violation of Title VII of the Civil Rights Act of

1964 ("Title VII"), and Title I of the Civil Rights Act of 1991. The Complaint arose out

of allegations

in

an

EEOC

charge

filed

by

Hope

Williams

("Williams")

againstOpf~Frixv?E~~.}nt-tc

Cf)K L.. ,

U.S. r;!STRICT CT,

in EEOC Charge Number 151-97-1537.

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3. In the interest of resolving this matter, to avoid the costs of litigation, and as a result of having engaged in extensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. Nothing herein shall be deemed to be an admission by T.S.S.O. that it has at any time, place or in any manner whatsoever violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e et. seq. (Title VII) or that it has violated any other state or federal law or that it has violated any other theory of liability raised in the lawsuits or demands of any of the parties. This Decree shall be final and binding on the parties and their successors and aSSIgns.
4. The Parties agree that this Decree resolves all claims against T.S.S.O. arising out of EEOC Charge Number 151-97-1537, and the Complaint filed in this action, and constitutes a complete resolution of all claims that were made by the Commission against T.S.S.O. in this action. Upon execution of this Decree and in accordance with paragraph 24 hereof, the complaint styled Equal Employment Opportunitv Commission v. T.S.S.O.. Inc., Civil Action No. 3:99CV512/RV will be dismissed with prejudice and the referenced EEOC charge closed. 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.
5. This Decree constitutes the complete agreement between the EEOC and Defendant with respect to the matters referred to herein. No representations or inducements to compromise this action have been made, other than those recited or referenced in this Decree. No waiver, modification or amendment of any provision of
2
ATLOI/I0961 041 v4

this Decree shall be effective unless made in writing, approved by all parties to this Decree and approved or ordered by the Court.
NO\V, THEREFORE, the Court having carefully examined the tenns and provisions of this Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
GENERAL INJUNCTIVE PROVISIONS 6. Defendant, its officers, managers, employees, agents and partners, are enjoined from engaging in any unlawful employment practices based on race. Defendant will not condone any discriminatory practices engaged in by its employees, and will take prompt and effective remedial or disciplinary action when it becomes aware of any such employee conduct.

7.

Defendant, its officers, managers, employees, agents and partners, are

enjoined from discriminating against any individual who opposes any of Defendant's

practices which the employee believes to be a violation of Title VII; or who files a charge

of discrimination with the EEOC alleging violation(s) of such statute; who cooperates

with the EEOC in the investigation and/or prosecution of any charge of discrimination; or

who cooperated in the investigation or prosecution of this case.

DISTRIBUTION OF ANTI-DISCRIMINATION POLICIES AND POSTING 8. Defendant has established written policies of compliance with Title VII of
the Civil Rights Act of 1964, including policies involving unlawful employment practices on the basis of race, along with internal complaint procedures. The policy will be posted at Defendant's restaurant located at Nine Mile Road in Pensacola, Florida, (the "Nine
3
ATlO!' IfJ961(J-lh-l

Mile restaurant") within thirty (30) days of the effective date of this Consent Decree. All new hires of Defendant at the Nine Mile restaurant during the term of this Decree shall be given within one week of their commencement of employment a copy of the Defendant's anti-discrimination policy. Additionally, Defendant agrees to post at the Nine Mile restaurant for the duration of this Decree a copy of the notice attached hereto as Exhibit A.
TRAINING 9. In order to further ensure the effective implementation of antidiscrimination policies, Defendant will conduct annual training sessions for the duration of the Decree for all its managers, supervisory personnel, and employees at Defendant's Nine Mile restaurant on all aspects of Title VII, especially on the requirements of Title VII as it relates to unlawful employment practices on the basis of race. Each employee training session shall last at least two hours in time. The first training session will take place no later than January 31,2002. Defendant agrees that within thirty (30) days after a training session, it will provide the EEOC with a list of the names and job titles of the individuals in attendance at the training session, the specific subject(s) discussed, and the date of the training session. Defendant will pay for the trainer, his/her preparation time, and all materials incident to the training.
RECRUITING AND HIRING 10. When recruiting for Server positions at the Nine Mile restaurant outside of the current T.S.S.O. workforce, in addition to the sources from which the Defendant currently receives or may receive referrals, T.S.S.O. will advertise for any vacancies in
4
A1 LOllI 0961 (J41 v4

widely-read local area newspapers, including the New American Press and the Pensacola Voice. T.S.S.O. will document its recruitment efforts and maintain all records pertaining thereto, including employment applications, for the duration of this Decree.
11. T.S.S.O. will establish a formal hiring process at the Nine Mile restaurant that ensures its interviewing, selection and hiring shall be based upon criteria to include prior experience, background, and education. Provided there are open positions, all persons interested in applying for an open position with Defendant shall be permitted to do so by employment application. Upon receipt of the completed employment application, Defendant, through its authorized representatives, shall evaluate and, if necessary, interview the applicant, prior to the hiring decision. Defendant will maintain a record for each applicant specifically describing the actions it took with respect to each person and the reasons for selection or non-selection.
MONITORING 12. T.S.S.O. will retain all employment records, including applications for employment and personnel forms, for the duration of this Decree. 13. T.S.S.O. agrees to provide the EEOC with certification that it conducted the training referenced in paragraph 9 within fourteen (14) days after each individual sesslOn occurs. 14. The Defendant shall submit for the EEOC's inspection a report identifying by name and address of each black applicant for the position of server at the Nine Mile restaurant and each individual hired for the positon of server at the Nine Mile restaurant during the calendar years 2002 and 2003. Defendant shall also include in said report a list of any employee or applicant at the Nine Mile restaurant who makes to Defendant a
5
A fLO I I u,)(, I 04 I .,4

complaint of racial discrimination on the part of Defendant. The report for calendar year 2002 shall be submitted to the EEOC on or before January 31, 2003; the report for calendar year 2003 shall be submitted to the EEOC on or before January 31, 2004.
15. Defendant will appoint one individual who shall be responsible for coordinating its compliance with this Consent Decree. All documents and certifications required to be delivered by T.S.S.O to the EEOC shall be mailed to: Gedety Serralta, Esq. and Kenneth Gillespie, Esq., Trial Attorneys, Equal Employment Opportunity Commission, One Biscayne Tower, Suite 2700, Two South Biscayne Blvd., Miami, Florida 3313l.
16. The EEOC shall have the opportunity to interview the individual appointed to coordinate Defendant's compliance with this Consent Decree. Interviews may be conducted during normal business hours to the extent such interviews do not interfere with Defendant's usual business operations.
17. Upon ten (10) days written notice, Plaintiff shall have the right to enter upon the premises of the Nine Mile restaurant for the purpose of inspecting and copying any of Defendant's records required to be maintained by this Decree.
MONETARY RELIEF 18. The Parties agree that Defendant T.S.S.O. will pay the sum of S95,000.00 to be divided among Charging Party, Hope Williams, and similarly situated individuals including Samuel Fulton. The monies will be dispersed as follows: $90,000 to Hope \Villiams and 55,000 to Samuel Fulton, Jr., less withholding of appropriate amounts for federal state and local income tax and social security withholding. T.S.S.O. shall issue forms W-2 with respect to these payn1ents. T.S.S.O. shall be responsible for
6
ATUJ), 1096104114

the employer's share of any federal, state or local income taxes, and social security withholdings; Williams and Fulton will be responsible for all other taxes. All payments shall issue within thirty (30) days from the Court's execution of this Decree, and shall be made by certified check payable to Hope Williams and Samuel Fulton, forwarded to their addresses at 927B Bremen Avenue, Pensacola, Florida 32506 and 6503 Hampton Road, Pensacola, Florida 32505, respectively, by certified mail with a retum receipt requested. Contemporaneously with the mailing of said payments, Defendant will submit to the EEOC a copy of the correspondence and checks mailed to the individuals identified above.
19. If the Defendant fails to tender payment or fails to perform timely, the Defendant shall:
(a) pay interest at the rate calculated pursuant to 26 U.S.c. Section 6621 (b) on any untimely or unpaid amounts, and
(b) bear any additional costs incurred by the Plaintiff caused by the non-compliance or delay of the Defendant.
ENFORCEMENT OF DECREE 20. Either party shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree.
7
.\T! {J]'1!J'I61{J41\4

2l. litigation.

COSTS Each Party shall bear its own costs and attomeys' fees associated with this

COMMENCEMENT AND DURATION OF CONSENT DECREE 22. The obligations imposed by this Decree shall take effect no sooner than the date six (6) months after the date of entry of the Decree, provided, however, that the monetary relief described in paragraph 18 shall be payable as set forth therein. 23. This Decree shall be in effect and binding on the parties up to and including December 31, 2003. This Decree shall terminate, dissolve, and be of no effect as of January 1, 2004; provided, however, that the report for the year 2003 referenced in paragraph 14 hereof shall be submitted on or before January 31, 2004, as called for therein. 24. This case is hereby dismissed with prejudice. The Court will retain jurisdiction to enforce this Consent Decree during the period that said Decree is in effect.
¥2001.SO ORDERED, ADJUDGED AND DECREED, this ~~ ~ ~--------~----~~=-------

8
ATLOliI096I(J~h4

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

By: ~~~~

Date: 9·- )0 -0 J

Delner Franklin-Thomas, Esq.

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: FOR THE DEFENDANT, T. S. S. 0., INC.
BY~
Vice President of Operations T.S.S.O., Inc. 5300 Oakbrook Parkway Suite 135 Norcross, GA 30093

Date: ~j." (

9 ATLO 111 0961 041 v4

EXHIBIT "A" NOTICE TO ALL EMPLOYEES

POSTED PURSUANT TO A DECREE OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA, PENSACOLA DIVISION

This notice is being posted pursuant to a Consent Decree in EEOC v. T.S.S.O.,

d/b/a Applebee's, Case No.: 3:99CV512/RV in the Northern District of Florida. In

accordance with its obligations under law, T.S.S.O. agrees that it will not discriminate

against employees in violation of Title VII of the Civil Rights Act of 1964, as amended

("Title VII"). Title VII protects individuals from racial discrimination in all aspects of

their employment, including hiring, promotions and discharge.

Under Section 703 of Title VII of the Civil Rights Act of 1964, as amended:

It shall be an unlawful employment practice of an employer:

(1) to fail or refuse to hire or to discharge any individual or otherwise to

discriminate against any individual with respect to their compensation, terms,

conditions, or privileges of employment, because of such individual's race, color,

religion, sex, or national origin; and/or (2) to limit, segregate, or classify its

employees or applicants for employment in any way which would deprive or tend

to deprive the employee of employment opportunities or otherwise adversely

affect the employee's status because of the employee's race, color, religion, sex,

or national origin.

T.S.S.O. assures its employees that it supports Title VII, and that it will not take any

action against an individual because he/she has exercised his/her rights under the law to

oppose discriminatory acts or to file charges with the EEOC.

This notice shall remain posted through December 31, 2003. Employees or

applicants for employment who have questions about their rights under Title VII, or any

other federal anti-discrimination law, may telephone the Miami District Office of the

Equal Employment Opportunity Commission at 1-800-669-4000 or (305) 530-6001.

Signed this

day of

,2001.

Chief Executive Officer T.S.S.O., Inc.

ATLOIl10961041 v4

 
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CLERK_2, MD
U.S. District Court Northern District of Florida - District Version 3.0 (Pensacola)
CIVIL DOCKET FOR CASE #: 3:99-cv-00512-RV

EQUAL EMPLOY OPP COM v. TSSO INC Assigned to: SENIOR JUDGE ROGER VINSON Demand: $0 Cause: 28:451 Employment Discrimination

Date Filed: 12/23/1999 Date Terminated: 08/14/2001 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by GEDETY N SERRALTA EQUAL EMPLOYMENT OPPORTUNITY COMM - MIAMI FL TWO SOUTH BISCAYNE BLVD SUITE 2700 ONE BISCAYNE TOWER MIAMI, FL 33131 305/530-6007 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED

KENNETH LAWRENCE GILLESPIE EQUAL EMPLOYMENT OPPORTUNITY COMM - MIAMI FL TWO SOUTH BISCAYNE BLVD SUITE 2700 ONE BISCAYNE TOWER MIAMI, FL 33131 305-530-6006 Fax: 305-536-4494 Email: kenneth.gillespie@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
TSSO INC doing business as APPLEBEE'S

represented by J THOMAS KILPATRICK ALSTON & BIRD LLP - ATLANTA GA ONE ATLANTIC CTR 1201 W PEACHTREE ST ATLANTA, GA 30309-3424 404/881-7000 Fax: 881-7777 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 12/23/1999 12/23/1999 12/23/1999 12/23/1999 12/28/1999
02/07/2000 03/07/2000
03/07/2000 04/03/2000 04/03/2000

WARREN R HALL, JR ALSTON & BIRD LLP - ATLANTA GA ONE ATLANTIC CTR 1201 W PEACHTREE ST ATLANTA, GA 30309-3424 404/881-7000 Fax: 881-7777 LEAD ATTORNEY ATTORNEY TO BE NOTICED
MAKILA SANDS ALSTON & BIRD LLP - ATLANTA GA ONE ATLANTIC CTR 1201 W PEACHTREE ST ATLANTA, GA 30309-3424 404/881-7000 Fax: 881-7777 ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT with Jury Trial Demand (laj,Pensacola) (Entered: 12/28/1999)
2 CIVIL COVER SHEET (laj,Pensacola) (Entered: 12/28/1999)
Setting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 3/22/00 (laj,Pensacola) (Entered: 12/28/1999)
**ADDED Magistrate Judge Miles Davis (jra,Pensacola) (Entered: 09/05/2000)
SUMMONS(ES) issued for defendant TSSO INC (c/o Lois Sedowicz, Registered Agent) and NOTICE OF CONSENT form forwarded to Plaintiff. (laj,Pensacola) (Entered: 12/28/1999)
3 WAIVER of Service Returned Executed as to defendant TSSO INC on 1/11/00. Answer due on 3/13/00 for TSSO INC. (laj,Pensacola) (Entered: 02/07/2000)
4 LETTER from defendant TSSO INC's attorney (Kennedy) to pltf EQUAL EMPLOY OPP COM's Attorney (Carillo) allowing an extension of Answer deadline to 4/5/00 (filed per Judge's request). (laj,Pensacola) (Entered: 03/07/2000)
Deadline updated Resetting answer deadline for 4/5/00 for TSSO INC (pursuant to #4, Letter received on 3/7/00) (laj,Pensacola) (Entered: 03/07/2000)
5 MOTION by defendant TSSO INC for Warren R. Hall, Jr. to Appear Pro Hac Vice - Filing Fee $20.00 - Receipt #:11016 (laj,Pensacola) (Entered: 04/03/2000)
6 MOTION by defendant TSSO INC for J. Thomas Kilpatrick to Appear Pro Hac Vice - Filing Fee $20.00 - Receipt #: 11017 (laj,Pensacola) (Entered: 04/03/2000)

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04/03/2000
04/03/2000 04/05/2000 04/05/2000 04/18/2000 04/20/2000 06/01/2000 06/01/2000 06/02/2000 10/12/2000 11/09/2000 11/13/2000 11/14/2000 11/15/2000 11/15/2000

Motion submitted with file to Judge Roger Vinson - Re: [5-1] motion for Warren R. Hall, Jr. to Appear Pro Hac Vice by TSSO INC and [6-1] motion for J. Thomas Kilpatrick to Appear Pro Hac Vice by TSSO INC (laj,Pensacola) (Entered: 04/03/2000)
7 ANSWER to Complaint by defendant TSSO INC (Attorney: J. Thomas Kilpatrick); with jury demand (laj,Pensacola) (Entered: 04/05/2000)
8 ORDER by Judge Roger Vinson - GRANTING [5-1] Motion for Warren R. Hall, Jr. to Appear Pro Hac Vice. Copies sent as noted on document. (laj,Pensacola) (Entered: 04/05/2000)
9 ORDER by Judge Roger Vinson - GRANTING [6-1] Motion for J. Thomas Kilpatrick to Appear Pro Hac Vice. Copies sent as noted on document. (laj,Pensacola) (Entered: 04/05/2000)
File Returned to Court to Judge Roger Vinson - Re: Proposed Initial Scheduling Order. (laj,Pensacola) (Entered: 04/18/2000)
10 INITIAL SCHEDULING ORDER by Judge Roger Vinson setting deadline for Discovery Cutoff to 9/15/00. Copies sent as noted on document. (laj,Pensacola) (Entered: 04/20/2000)
11 JOINT Scheduling Report of Parties' Planning Meeting by pltf EQUAL EMPLOY OPP COM and dft TSSO INC (laj,Pensacola) (Entered: 06/01/2000)
File Returned to Court to Judge Roger Vinson - Re: [11-1] Joint Scheduling Report (laj,Pensacola) (Entered: 06/01/2000)
12 FINAL SCHEDULING ORDER by Judge Roger Vinson setting deadlines for Discovery Cutoff to 11/15/00 and Jury trial date to 3/5/01. Copies sent as noted on document. (laj,Pensacola) (Entered: 06/02/2000)
13 NOTICE by defendant TSSO INC to take deposition of Hope Williams on 10/18/00 at 9:00 a.m. at Emmanuel, Sheppard & Condon. (cbj,Pensacola) (Entered: 10/12/2000)
14 MOTION by plaintiff EQUAL EMPLOY OPP COM with memorandum in support to Extend Time for discovery and dispositive motion deadlines Deadline for filing response to motion is: 11/27/00 (cbj,Pensacola) (Entered: 11/14/2000)
15 MOTION by plaintiff EQUAL EMPLOY OPP COM For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly Deadline for filing response to motion is: 12/1/00 (cbj,Pensacola) (Entered: 11/14/2000)
16 RESPONSE (And Objections To Pltf's First Requests To Admit) by defendant TSSO INC (cbj,Pensacola) (Entered: 11/14/2000)
Motion(s) referred: [14-1] motion to Extend Time for discovery and dispositive motion deadlines referred to Magistrate Judge Miles Davis (cbj,Pensacola) (Entered: 11/15/2000)
17 RESPONSE by defendant TSSO INC to [14-1] motion to Extend Time for discovery and dispositive motion deadlines by EQUAL EMPLOY OPP COM (cbj,Pensacola) (Entered: 11/15/2000)

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11/15/2000 11/15/2000 11/21/2000 11/21/2000
11/27/2000 11/27/2000 11/28/2000
12/01/2000 12/04/2000 12/04/2000 12/05/2000 12/22/2000 12/26/2000

18 ORDER by Magistrate Judge Miles Davis - Granting [14-1] motion to Extend Time for discovery and dispositive motion deadlines Resetting Discovery deadline to 2/16/01 Dispositive motions will be due 20 days thereafter. Copies sent as noted on document. (cbj,Pensacola) (Entered: 11/15/2000)
19 ORDER by Magistrate Judge Miles Davis - Denying [15-1] motion For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly. Pltf has failed to comply with Loc.R.7B. Copies sent as noted on document. (cbj,Pensacola) (Entered: 11/15/2000)
File Returned to Court: to Magistrate Judge Miles Davis Re: requested (tea,Pensacola) (Entered: 11/21/2000)
20 ORDER by Magistrate Judge Miles Davis - VACATING [19-1] order. Deft shall respond to plaintiff's [15-1] motion For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly in accordance with the Local Rules of this court. Copies sent as noted on document. (tea,Pensacola) (Entered: 11/21/2000)
21 MOTION by defendant TSSO INC to Extend Time (to 12/1/00) to respond to pltf's motion for prior court approval to issue newspaper advertisement (cbj,Pensacola) (Entered: 11/27/2000)
Motion(s) referred: [21-1] motion to Extend Time (to 12/1/00) to respond to pltf's motion for prior court approval to issue newspaper advertisement referred to Magistrate Judge Miles Davis (cbj,Pensacola) (Entered: 11/27/2000)
22 ORDER by Magistrate Judge Miles Davis - Granting [21-1] motion to Extend Time (to 12/1/00) to respond to pltf's motion for prior court approval to issue newspaper advertisement Resetting response to motion deadline for 12/1/00 Re: [15-1] motion For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly by EQUAL EMPLOY OPP COM Copies sent as noted document. (cbj,Pensacola) (Entered: 11/28/2000)
23 RESPONSE by defendant TSSO INC to [15-1] motion For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly by EQUAL EMPLOY OPP COM (cbj,Pensacola) (Entered: 12/01/2000)
Motion(s) referred: (cbj,Pensacola) (Entered: 12/04/2000)
File Returned to Court: to Magistrate Judge Miles Davis Re: [15-1] motion For Prior Court approval to issue a newspaper advertisement and to extend discovery accordingly by EQUAL EMPLOY OPP COM (cbj,Pensacola) (Entered: 12/04/2000)
24 ORDER by Magistrate Judge Miles Davis - Granting [15-1] motion For Prior Court approval to issue a newspaper advertisement. Copies sent as noted on document. (cbj,Pensacola) (Entered: 12/05/2000)
25 (UNOPPOSED) MOTION by plaintiff EQUAL EMPLOY OPP COM with memorandum in support to Extend Trial Date Schedule (to May 2001) (cbj,Pensacola) (Entered: 12/26/2000)
Motion submitted with file to Judge Roger Vinson Re: [25-1] motion to Extend Trial Date Schedule by EQUAL EMPLOY OPP COM (cbj,Pensacola) (Entered:

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12/28/2000 01/02/2001 01/16/2001 01/17/2001 01/18/2001 02/01/2001 02/16/2001 02/27/2001 03/05/2001 03/08/2001 03/09/2001 03/09/2001
03/20/2001 03/21/2001
03/21/2001

12/26/2000)
26 MOTION by defendant TSSO INC with memorandum in support for Leave to Amend Answer Deadline for filing response to motion is: 1/16/01 (cbj,Pensacola) (Entered: 12/28/2000)
27 ORDER by Judge Roger Vinson - Granting [25-1] motion to Extend Trial Date Schedule to May 2001. Copies sent as noted on document. (cbj,Pensacola) (Entered: 01/02/2001)
28 RESPONSE by plaintiff EQUAL EMPLOY OPP COM to [26-1] motion for Leave to Amend Answer by TSSO INC (cbj,Pensacola) (Entered: 01/17/2001)
Motion submitted with file to Judge Roger Vinson Re: [26-1] motion for Leave to Amend Answer by TSSO INC (cbj,Pensacola) (Entered: 01/17/2001)
29 ORDER by Judge Roger Vinson - Granting [26-1] motion for Leave to Amend Answer Resetting Discovery deadline to 3/16/01 . Copies sent as noted on document. (cbj,Pensacola) (Entered: 01/18/2001)
30 AMENDED ANSWER by defendant TSSO INC amending [7-1] answer by TSSO INC Re: [29-2] order; jury demand (cbj,Pensacola) (Entered: 02/01/2001)
31 CERTIFICATE OF SERVICE by defendant TSSO INC, regarding deft's responses to pltf's second request for production of documents to deft (cbj,Pensacola) (Entered: 02/16/2001)
32 CERTIFICATE OF SERVICE by defendant TSSO INC of Response to Plaintiff's Third Set of Interrogatories (sps,Pensacola) (Entered: 02/27/2001)
34 CERTIFICATE OF SERVICE by defendant TSSO INC re: Notice of Service (sps,Pensacola) (Entered: 03/08/2001)
33 JOINT MOTION by plaintiff EQUAL EMPLOY OPP COM and defendant TSSO INC to Extend Discovery & Trial Date Schedule (tea,Pensacola) (Entered: 03/08/2001)
Motion submitted with file to Judge Roger Vinson Re: [33-1] joint motion to Extend Discovery & Trial Date Schedule by TSSO INC, EQUAL EMPLOY OPP COM (tea,Pensacola) (Entered: 03/09/2001)
35 ORDER by Judge Roger Vinson - GRANTING [33-1] joint motion to Extend Discovery & Trial Date Schedule. Discovery is extended through 5/11/01 . Trial will be re-scheduled by separate notice. Copies sent as noted on document. (tea,Pensacola) (Entered: 03/12/2001)
File Returned to Court: to Judge Roger Vinson re: deficient pleading and proposed order (cbj,Pensacola) (Entered: 03/20/2001)
36 ORDER by Judge Roger Vinson - Clerk shall file copy of "Deft's Responses And Objections, Etc" but no further pleadings will be accepted unless they comply with N.D. Fla. Loc.R. 5.1(A.3). Copies sent as noted on document. (cbj,Pensacola) (Entered: 03/21/2001)
37 *(Deft's) RESPONSES (And Objections To Pltf's Second Requests For Admissions) by defendant TSSO INC *filed pursuant to order (doc.37) entered

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03/26/2001 03/30/2001 04/19/2001 04/25/2001 04/25/2001 04/25/2001
04/27/2001 05/01/2001 05/01/2001
05/08/2001 05/09/2001
05/09/2001 05/10/2001

this date. (cbj,Pensacola) Modified on 03/26/2001 (Entered: 03/21/2001)
38 CERTIFICATE OF SERVICE by defendant TSSO INC re: Notice Of Service (?) (cbj,Pensacola) (Entered: 03/26/2001)
39 CERTIFICATE OF SERVICE by defendant TSSO INC (cbj,Pensacola) (Entered: 04/02/2001)
40 CERTIFICATE OF SERVICE by defendant TSSO INC (cbj,Pensacola) (Entered: 04/19/2001)
41 MOTION by defendant TSSO INC Requesting Leave to Depose Samuel Fulton, Jr. , and Extend Discovery (and memorandum in support thereof) for additional 45 days after the deposition of Mr. Fulton (cbj,Pensacola) (Entered: 04/25/2001)
Motion submitted with file to Judge Roger Vinson Re: [41-1] motion Requesting Leave to Depose Samuel Fulton, Jr. by TSSO INC, [41-2] motion Extend Discovery by TSSO INC (cbj,Pensacola) (Entered: 04/25/2001)
42 ORDER by Judge Roger Vinson granting [41-1] motion Requesting Leave to Depose Samuel Fulton, Jr.- only to depose Mr. Fulton while he is in custody. The discovery is not extended - denying [41-2] motion Extend Discovery Copies sent as noted on document. (sps,Pensacola) (Entered: 04/25/2001)
43 RESPONSE by defendant TSSO INC (And Objections To Pltf's Third Requests For Admissions) (cbj,Pensacola) (Entered: 04/27/2001)
File Returned to Court: to Judge Roger Vinson (Requested) (tea,Pensacola) (Entered: 05/01/2001)
44 ORDER (Of Referral To Mediation) by Judge Roger Vinson for Court Ordered Mediation . Parties to select mediator or notify court within 14 days of inability to do so. Pltf to file report report within 5 days of completed mediation. Setting mediation report deadline for 7/30/01 Copies sent as noted on document. (cbj,Pensacola) (Entered: 05/01/2001)
45 NOTICE by defendant TSSO INC to take deposition of Michelle Linakus on 5/11/01 at 9:00 a.m. at offices of Emmanuel, Sheppard & Condon, Pensacola, FL. (cbj,Pensacola) (Entered: 05/08/2001)
46 JOINT MOTION by plaintiff EQUAL EMPLOY OPP COM, defendant TSSO INC Requesting Leave to Extend Deadline For Filing dispositive motions [to 25 days after mediation/discovery] and depose Michelle Linakis [to 5/25/01] (cbj,Pensacola) (Entered: 05/09/2001)
47 MOTION by defendant TSSO INC for MIKALA SANDS to Appear Pro Hac Vice for defendant TSSO INC Filing Fee $20.00 Receipt #: 301 12327 (cbj,Pensacola) (Entered: 05/09/2001)
Motion submitted with file to Judge Roger Vinson Re: [46-1] joint motion Requesting Leave to Extend Deadline For Filing dispositive motions [to 25 days after mediation/discovery] and depose Michelle Linakis [to 5/25/01] by TSSO INC, EQUAL EMPLOY OPP COM, [47-1] motion for MIKALA SANDS to Appear Pro Hac Vice for defendant TSSO INC by TSSO INC (cbj,Pensacola) (Entered: 05/10/2001)

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05/14/2001 05/14/2001 05/15/2001 05/16/2001 06/08/2001 06/08/2001 06/13/2001
07/05/2001 08/14/2001 08/14/2001 08/14/2001

48 ORDER by Judge Roger Vinson - GRANTING [47-1] Motion for MIKALA SANDS to Appear Pro Hac Vice for defendant TSSO INC. Copies sent as noted on document. (laj,Pensacola) (Entered: 05/14/2001)
49 ORDER by Judge Roger Vinson - GRANTING, as requested, [46-1] Joint Motion Requesting Leave to Extend Deadline For Filing dispositive motions [to 25 days after mediation/discovery] and depose Michelle Linakis [to 5/25/01]. Copies sent as noted on document. (laj,Pensacola) (Entered: 05/14/2001)
Deadline updated Setting Dispositive Motion deadline for 8/25/01 (25 days after mediation deadline - see order, doc.49) (cbj,Pensacola) (Entered: 05/15/2001)
50 NOTICE by defendant TSSO INC to take deposition of Michelle Linakus on 5/22/01 at 9:30 a.m. at offices of EEOC, Miami, FL. (cbj,Pensacola) (Entered: 05/16/2001)
51 JOINT MOTION by plaintiff EQUAL EMPLOY OPP COM, defendant TSSO INC (requesting leave) to Extend Deadline for commencing mediation (until 6/19/01) (cbj,Pensacola) (Entered: 06/08/2001)
Motion submitted with file to Judge Roger Vinson Re: [51-1] joint motion (requesting leave) to Extend Deadline for commencing mediation (until 6/19/01) by TSSO INC, EQUAL EMPLOY OPP COM (cbj,Pensacola) (Entered: 06/08/2001)
52 ORDER by Judge Roger Vinson - Granting [51-1] joint motion (requesting leave) to Extend Deadline for commencing mediation (until 6/19/01) Setting deadline for - plaintiff EQUAL EMPLOY OPP COM, defendant TSSO INC commencement of mediation by: 6/19/01 Copies sent as noted on document. (cbj,Pensacola) (Entered: 06/13/2001)
53 NOTICE by plaintiff EQUAL EMPLOY OPP COM, defendant TSSO INC of continuing mediation through and including 7/20/01 (cbj,Pensacola) (Entered: 07/05/2001)
File Returned to Court: to Judge Roger Vinson Re: proposed "Consent Decree" /s/the parties (cbj,Pensacola) (Entered: 08/14/2001)
54 ORDER approving "CONSENT DECREE" by Judge Roger Vinson Dismissing with prejudice . The Court will retain jurisdiction to enforce this Consent Decree during the period that said Decree is in effect. Copies sent as noted on document. (cbj,Pensacola) (Entered: 08/14/2001)
Case closed - law clerk #2 (cbj,Pensacola) (Entered: 08/15/2001)

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