Case 9:06-cv-80297-DMM Document 1 Entered on FLSD Docket 04/03/2006 Page 1 of 5

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IN THE UNITED STATES DISTRICT C

FOR THE SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISIO N

U .S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff,

CIVIL ACT10N'N9.`1^ COMPLAIN T

V. JUR~~~~ EMAND I N J " L I EF

DIAS LANDSCAPES CORPORATION ) REQUES•• "fin'

Defendant .

)

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 national origin, and to provide appropriate relief due to Auguste Hilaire, Charles C . Moises, Odolphe Raymond and similarly situated individuals (together "Claimants") who were adversely affected by such practices . As stated with greater particularity in the paragraphs below, the United States Equal Employment Opportunity Commission (hereinafter the "EEOC" or "Commission") alleges that Defendant segregated its workforce based upon race and national origin and terminated the Claimants because of their race, Black and national origin, Haitian .

JURISDICTION AND VENUE 1 . Jurisdiction of this Cou rt is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is autho rized and instituted pursuant to Section 706 (f)( 1) and (3) and 707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S .C. §2000e- 5(f)(1) and (3) and -6 ("Title VII") and Section 102 of the Civil Rights Act of 1991 , 42 U .S .C . § 1981 a .

I

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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 Southern District of Florida, West Palm Beach Division .
PARTIES 3 . Plaintiff, the EEOC, is the agency of the United States of America charged wit h the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) and 707 of Title VII, 42 U .S .C . §2000e-5(f)(1) and (3) and -6 . 4. At all relevant times, Defendant Dias Landscapes Corporation, a full service landscape company, has continuously been a Florida Corporation, doing business in the State of Florida and the City of Boynton Beach, and has continuously had at least 15 employees . 5 . At all relevant times, Defendant Dias Landscapes Corporation 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 CLAIM S 6 . More th an thi rty days p rior to the institution of this lawsuit , Auguste Hilaire, Charles C. Moises and Odolphe Raymond filed charges of disc rimination with the Commission alleging violations of Title VII by Defendant . All conditions precedent to the institution of this lawsuit have been fulfilled . 7. Since at least September 2004, Defendant has engaged in unlawful employment practices at its Boynton Beach facilities , in violation of Section 703(a)( 1) and (2 ) of Title VII, 42 U.S .C. § 2000e-2(a) : (a) From at least September 2004 Defendant segregated its workforce by race and/or
national origin; and (b) From at least September 2004 Defendant terminated all of the Claimants because
of their race and/or national o ri gin.
2

Case 9:06-cv-80297-DMM Document 1 Entered on FLSD Docket 04/03/2006 Page 3 of 5

S.

The effect of the unlawful employment practices complained of in paragraph 7

above has been to deprive the Claimants of equal employment opportunities, and otherwise

adversely affect their status as employees because of their race and/or national origin .

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 the Claimants .

PRAYER FOR RELIEF Wherefore, the Commission requests that this Court : A . Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active conce rt or participation with them, from engaging in racial and national origin discrimination in their policies, practices and procedures, at its Florida facilities, and any other employment practice which discriminates on the basis of race and national origin . B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Blacks and Haitians, and which eradicate the effects of its past and present unlawful employment practices . C . Order Defendant to make whole the Claimants by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement, rightful-place hiring, and front pay . D. Order Defendant to make whole the Claimants by providing compensation for past and future pecuniary losses resulting from the employment practices described i n paragraph 7 above, including but not limited to, out-of-pocket losses, medical expenses and job search expenses , in amounts to be determined at t rial. E . Order Defendant to make whole the Claimants by providing compensation for past and future nonpecuniary losses resulting from the employment practices described i n
3

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paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial .
F. Order Defendant to pay punitive damages for its malicious and reckless conduct described in paragraph 7 above, in an amount 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 ,
JAMES L . LEE Deputy General Counse l GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney NORA E. CURTIN Supe rvisory Trial Atto rney
Lauren G . Dreilinger Trial Attorney New York Bar No. 750288890 EQUAL EMPLOYMENT OPPORTUNITY COMMISSIO N 2 South Biscayne Boulevard , Suite 2700 Miami, Florida 3313 1 Tel. (305) 808-1788 Fax (305) 808-183 5
4

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°4.JS 44 (Rev . 1 F05)

CIVIL COVER SHEE T

The JS 44 civil cover sheet and the information contained herein neither replaq r1r Sid ert~,at the g and service ofpleadings or other papers as required by law, except as provided

by local rules of the civil docket

court sheet

. .

This form, approved by the Judicial (SEE INSTRUCTIONS ON THE REVERSE OF

Conference THE FORM .)

o

the ite test
NOTIC

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for

the

use ofthe Clerk ofCourt for the Durpose
nai{ea,$e All Re-filed Cases Below.

of

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I 1 ' I . (a) PLAINTIFFS DEFENDANTS Q- '

United States Equal Employment Opportunity Commission

I ip dscapes, Corp .

(b) County of Residence of First Listed Plaintiff

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(EXCEPT IN U.S . PLAINTIFF CASES) r

(C) Attorney's (Finn Name, Address , and Telephone Number )

Lauren G . Dreilinge r United States Equal Employment Opportunity Commission I Biscayne Towe r
Cnnth Ricravnp Rlvrl QnitP 77(10

County of Re d kr~ .
NOTE : IN LAND CONDEMNMIWC14S'USETVE LOCATION OF THE TRAC T LAND INVOLVEtD .i-t -& j(4
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HIGHLAND S

11 . BASIS OF JURISDICTION ( Place an •X" in One Box Only)

c III . CITIZEN 1P; OF •PRI N IPAL PARTIES( Place an 'in One Box for Plaintiff

(For Diversity Cases Only) ' ' and tic Box foIr Defendant)

r[7 1 U .S . Government Plain ti ff

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en State

CONTRACT

TORTS

I R N TY

1 I Iv Insurance u 120 Marine u 130 Miller Act 7 140 Negotiable Instrument u 150 Recovery of Overpayment
& Enforcement of Judgment 7 151 Medicare Act
151 _ Recovery of Defaulted Student Loans (Excl . Veterans)
7 153 Recovery ofOverpayment of Veteran' s Benefits
1 1 o0 Stockholders' Suits -3 190 Other Contract "1 195 Contract Product Liability 1 196 Franchise
REAL PROPERTY 1 '10 land Condemnation 1 220 Foreclosure 1 230 Rent Lease & Ejectment 1 240 Torts to Land '-[ 245 Ton Product Liability 7 290 All Other Real Property

PERSONAL INJURY u 310 Airplane u 315 Airplane Product
Liability u 320 Assault, Libel &
Slander u 330 Federal Employers'
Liability u 340 Marine u 345 Marine Product
Liability u 350 Motor Vehicle u 355 Motor Vehicle
Product Liability u 360 Other Personal
I nj ury
CIVIL RIGHTS u 441 Voting W 442 Employment u 443 Housing,'
Accommodations O 444 Welfare u 445 Amer. w:!Disabilities -
Employment
O 446 Amer. w .Oisabilities Other
u 440 Other Civil Rights

PERSO AL INJURY u 610 Agriculture

u 362 Pe onal Injury - u 620 Other Food & Drug

Me Malpractice u 625 Drug Related Seizure

u 365 Personal Injury -

of Property 21 USC 881

Product Liability u 630 Liquor Laws

u 368 Asbestos Personal u 640 R .R . & Truck

Injury Product

0 650 Airline Regs.

Liability

u 660 Occupational

PERSONAL PROPERTY

Safety/Health

u 370 Other Fraud u 371 Truth in Lending

O 690 Other LABOR

u 380 Other Personal

O 710 Fair Labor Standards

Property Damage u 385 Property Damage
Product Liability

Act u 720 Labor/Mgmt. Relations u 730 Labor/Mgmt- Reporting
& Disclosure Act

PRISONER PETITIONS u 740 Railway Labor Act

u 510 Motions to Vacate u 790 Other Labor Litigation

Sentence

u 791 Empl. Ret. Inc .

Habeas Corpus :

Security Act

u 530 General

u 535 Death Penalty

u 540 Mandamus & Other

u 550 Civil Rights

u 555 Prison Condition

BANKRUPTCY
u 422 Appeal 28 USC 158 u 423 Withdrawal
28 USC 157

R u 820 Copyrights
O 830 Patent u 840 Trademark

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SOCIAL SECURITY u 861 HIA (1395(1) u 862 Black Lung (923) u 863 DIWCJDI W W (405(g)) u 864 SSID Title XV 1 u 865 RSI (405(g))
FEDERAL TAX SUITS u 870 Taxes (U .S . Plaintiff
or Defendant) u 871 IRS--Third Party
26 USC 7609

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0 430 Ban" d B in g u 450 Corrtmcrgc u 460 Deport1 s n u 470 Racketeer}rrfluent`ee and- -
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V . ORIGIN ( Place an •'X" in One Box Only )

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Original D 2 Removed from D 3 Re-filed- D Proceeding State Court (see VI below )

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Reinstated or Reopened

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7

V1 . RELATED/ RE-FILED (See instructions

CASE(S) .

second page) :

a) Re-filed Case 0 YES 0 NO b) Related Cases 0 YES 7N O

JUDGE

DOCKET NUMBER

Appeal to District Judge from Magistrate
Judgmen t

VII . CAUSE O F ACTION

Cite the U .S . Civil Statute under which you are filing and Write a Brief Statement of Cause ( Do not cite jurisdictional statutes unless dlversfty') :
This is a race and national origin discrimination case brought under Title VII of the Civil Rights Act of 1964, as amended . 42 I T .S .C . 2000e . LENGTH OF TRIAL via 10 days estimated (for both sides to try entire case )

VIII . REQUESTED IN Q. CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint : COMPLAINT : UNDER F .R .C .P . 23 JURY DEMAND : L1r1 iYes F No

ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE

SIGNATURE OF ATTORNEY OF RECORD DATE

FOR OFFICE USE ONL Y

AMOUNT RECEIPT a

IFP

 
 Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 1 of 11
1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISION,
Plaintiff,

Civil Action No. 06-80297

and AUGUSTE JEAN-HILAIRE, CHARLES MOISES and ODOLPHE RAYMOND,
Plaintiff-Intervenors
v.

Judge Middlebrooks Magistrate Judge Johnson

DIAS LANDSCAPES CORP.,

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

CONSENT DECREE

I. THE LITIGATION

This Consent Decree ("Decree") is made and entered into by and between Plaintiff, the Equal Employment Opportunity Commission ("Commission" or "EEOC"), Auguste Jean-Hilaire, Charles Moises, Odolphe Raymond ("Charging Parties" or "Plaintiff-Intervenors") and Dias Landscapes Corp. ("Dias Landscape Corp" or "Defendant"). The Commission, Plaintiff-Intervenors and Defendant are

collective referred to as the "Parties" throughout this Decree.

2.

Plaintiff Equal Employment Opportunity Commission filed this action alleging

Defendant, Dias Landscapes Corp., violated Title VII ofthe Civil Rights Act of 1964, as

amended, 42 U.S.C. § 2000e et. seg.,("Title VII") by discriminating against Charging Parties

Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 2 of 11 2
Auguste Jean-Hilaire, Charles Moises, Oldophe Raymond, and a class of similarly situated individuals ("Claimants") on the basis of their national origin, Haitian, and race, Black. The Charging Parties intervened on June 12, 2006. Specifically, EEOC alleged that Defendant violated Title VII by segregating the workforce by national origin and race and by terminating the Charging Parties and a class of similarly situated individuals because of their national origin, Haitian, and their race, Black. Plaintiff-Intervenors alleged that Defendant violated Title VII by segregating the workforce and by terminating their employment with Defendant because of their national origin, Haitian, and race, Black. Defendant does not admit the legal and factual allegations contained within the Complaints.
3. In the interest of resolving this matter and as a result of having engaged in comprehensive settlement negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree ("Decree"). This Decree fully and finally resolves any and all issues and claims arising out of the Complaints filed by EEOC and Plaintiff-Intervenors in this action arising from EEOC Charge Nos. 150-2005-01602, 150-2005-01482, and 150-200501605. The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with EEOC other than the Charges referred to in this paragraph.
II. FINDINGS 4. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the parties.

Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 3 of 11 3
b. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its tern1S or the right of EEOC and/or Plaintiff-Intervenors to bring an enforcement suit upon alleged breach of any term(s) of this Decree.
c. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of the Charging Parties, Claimants, and the public interest are adequately protected by this Decree.
d. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of Plaintiff-Intervenors Jean-Hilaire, Moises, Raymond, the Claimants, Dias Landscapes, EEOC and the public.
e. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, and officers of Dias Landscapes.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: III. GENERAL INJUNCTIVE PROVISIONS
5. Defendant, its officers, managers, employees, agents, partners, successors, and assigns are enjoined from engaging in conduct that discriminates on the basis of national origin and/or race in violation of Title VII of the Civil Rights Act of 1964, as amended.
6. Defendant, its officers, agents, employees and all persons acting in concert with it are enjoined from engaging in any form of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree.

Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 4 of 11 4

IV. ADOPTION AND DISTRIBUTION OF POLICY AGAINST NATIONAL ORIGIN AND RACE DISCRIMINATION

7.

Dias Landscapes shall create an anti-discrimination policy ("Policy") to be

distributed to all current and future employees within thirty (30) calendar days after entry of this

Consent Decree. The Policy shall clearly define prohibited conduct and specifically prohibit segregating employees by national origin and/or race and specifically prohibit terminating an employee because of his national origin and/or race. The Policy shall also specify that prohibited behavior will not be tolerated from its employees, customers, clients and any other persons present at any of its facilities. The Policy shall provide that complaints of national origin and/or

race-based sex-based discrimination may be made to any person in the chain of command above

an employee or directly to human resources personnel; employees who make complaints of

national origin and/or race-based discrimination or provide information related to such complaints will be protected against retaliation; employees will not be required to complain of national origin and/or race-based discrimination to a person against whom they allege national origin and/or race-based discrimination; the employer will protect the confidentiality of national origin and/or race-based discrimination complaints to the extent possible; the employer will take

immediate and appropriate corrective action if and when it determines that national origin and/or race-based discrimination has occurred; employees who violate the policy are subject to discipline up to and including discharge. The Policy shall also be translated in writing by a certified translator into Creole and Spanish within sixty (60) calendar days of entry of this

Consent Decree. 8. A copy ofthe Policy and translations of the Policy shall be forwarded to EEOC
within sixty (60) calendar days of entry of this Consent Decree. This and any other submissions, reports, certifications, notices, or other materials that are required to be submitted to EEOC shall

Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 5 of 11 5

be mailed to: Dias Landscapes Settlement, c/o Trial Attorney Lauren Dreilinger, United States

Equal Employment Opportunity Commission, 1 Biscayne Tower, 2 South Biscayne Blvd., Suite

2700, Miami, Florida 33131.

9.

The Policy and the translated versions of the Policy discussed in paragraph 7,

above, shall be distributed to all of Defendant's employees and management staff within ninety

(90) calendar days of entry of this Consent Decree and shall be included in any relevant policy or

employee manuals kept by Defendant's business. The Policy and the translated versions of the

Policy discussed in paragraph 7, above, shall also be kept and maintained in a conspicuous and

accessible place for all employees at all ofDias Landscape's facilities and printed in a font that is

easily legible (at least 11 point font).

10. A copy of the Policy and the translated versions of the Policy discussed in

paragraph 7, above, shall be distributed to each new regular full- time, part-time, or temporary

employee on the day the employee is processed on Defendant's payroll and/or within ten (10)

business days of performing any work for Defendant. The manager responsible for distributing

the Policy to each new employee shall review the Policy in depth with the employee. Dias

Landscapes shall maintain records demonstrating that each new employee discussed the Policy

with the responsible manager and illustrating the length of time spent discussing the Policy. If

the new employee does not communicate in English, Defendant shall use an interpreter to ensure

that the new employee receives and understands the Policy in his or her native language.

V. TRAINING

11. During each of the three (3) years covered by this Decree, Defendant shall

provide training to all Dias Landscapes employees, including all management personnel, on

equal employment opportunity laws (including national origin and race-based discrimination)

Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 6 of 11 6
and the Policy. The training shall be conducted by an organization mutually agreed upon with EEOC. The first training shall take place within ninety (90) calendar days of entry of this Decree. The remainder of the training sessions shall take place annually and no later than August 30th of each year throughout the duration of the Decree. Defendant shall use interpreters at all trainings to ensure that non-English speaking employees understand the information discussed.
12. Within ten (10) business days of the completion of training, Dias Landscapes shall notify EEOC ofthe dates the training was conducted, the name and job title ofthe person(s) who conducted the training, the name and job title of the interpreter(s) used for the training and languages spoken at the training, and the name and job title of each person who received the training.
13. Dias Landscapes agrees to provide EEOC, upon request, with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants of the training sessions.
VI. POSTING OF NOTICE 14. Within ten (10) business days after entry ofthis Decree, Dias Landscapes shall post eleven (11) inches by fourteen (14) inches laminated copies of the Notice attached as Exhibit A to this Decree at all of its facilities in Florida in a conspicuous location easily accessible to and commonly frequented by employees of Dias Landscapes. The Notice shall be posted in English, Creole and Spanish. The Notices shall remain posted for three (3) years from the date of entry of this Decree. Dias Landscapes shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Dias Landscapes shall certify to EEOC in writing within fifteen ( 15) business days after entry of the Decree that the Notices have been properly posted.

Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 7 of 11 7
VII. RECORD KEEPING 15. For a period of three (3) years following entry of this Decree, Dias Landscapes shall maintain and make available for inspection and copying by EEOC records (including name, national origin, race, social security number, address, telephone number, complaint and resolution of the complaint) of each person complaining about discrimination on the basis of national origin and/or race. 16. Dias Landscapes shall make all documents or records referred to in Paragraphs 9, 10, 13, and 14 available for inspection and copying within ten (10) business days after EEOC so requests. In addition, Dias Landscapes shall provide the last known home address, home telephone number, and mobile telephone number for all persons within its employ during the term of the Decree whom EEOC requests and identifies for purposes of verifying compliance with this Decree within ten ( 10) business days of EEOC's request. Dias Landscapes shall permit employees whom EEOC requests to interview for the purposes of verifying compliance with this Decree to speak confidentially with EEOC. In the event that EEOC is unable to contact an employee for purposes of verifying compliance with this Decree, it shall notify Dias Landscapes and Dias Landscapes shall, within ten ( 10) business days, provide EEOC with the employee's scheduled hours of work over the next fourteen (14) day period so that EEOC can conduct these interviews at these employees' breaks, at the end of the day, or at some other time convenient to the employee and EEOC. Dias Landscapes agrees that it will not discourage employees from participating in these interviews. 17. Nothing contained in this Decree shall be construed to limit any obligation Dias Landscapes may otherwise have to maintain records under Title VII or any other law or regulation.

Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 8 of 11 8

VIII. REPORTING 18. Dias Landscapes shall furnish to EEOC the following written reports twice annually for a period of three (3) years following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. Each such report shall contain:
a. A description of each complaint of national origin and/or race-based discrimination, including the names of the complaining parties and witnesses and the resolution of such complaint, occurring within the six (6) month period preceding the report. Information identifying Dias Landscape employees produced pursuant to this Decree will only be used to facilitate compliance with this Decree.
b. A certification by Dias Landscapes that the Notices required to be posted in Paragraph 13, above, remained posted during the entire six (6) month period preceding the

report.

IX. MONETARY RELIEF FOR COMPLAINANT

19.

Defendant shall pay an aggregate of$ 150,000

to resolve this litigation to

be distributed as follows and in installments as explained in attached Exhibit B:

a. Charging Party Auguste Jean-Hilaire

1.

$10,000

shall be representative of lost wages, less amounts

required to be withheld for federal, state, and local income taxes. Defendant will

issue an IRS Form W-2, and shall be responsible for paying the employer's share

of any federal, state and local, income taxes, and social security withholdings.

n.

$40,000

shall be representative of compensatory and punitive

damages. Defendant shall issue an I.R.S. Form 1099 to Mr. Jean-Hilaire for this

amount.

Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 9 of 11 9

b. Charging Party Oldophe Raymond

1.

-"$'-'1'""0-'-',0::....:0"""0'----- shall be representative oflost wages, less amounts

required to be withheld for federal, state, and local income taxes. Defendant will

issue an IRS Form W-2, and shall be responsible for paying the employer's share

of any federal, state and local, income taxes, and social security withholdings.

ii.

~$4...:...0:::.J,~O~OO::::.__ _ shall be representative of compensatory and punitive

damages.

Defendant shall issue an I.R.S. Form 1099 to Mr. Raymond for this amount.

c. Charging Party Charles Moises

1.

$40,000

punitive

shall be representative of compensatory and

damages.

Defendant shall issue an I.R.S. Form 1099 to Mr. Moises for this amount.

d. Claimant Exume Hilaire

i.

$ 5,000

damages.

shall be representative of compensatory and punitive

Defendant shall issue an I.R.S. Form 1099 to Mr. Hilaire for this amount.

e. Claimant Lefort Valcimond

1.

$ 5,000 shall be representative of compensatory and punitive

damages. Defendant shall issue an I.R.S. Form 1099 to Mr. Valcimond for this

amount.

20.

All payments described in paragraph 19, above, shall issue according to the

payment schedule established in Exhibit B. All payments for Charging Parties Jean-Hilaire,

Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 10 of 11 10
Raymond, and Moises shall be mailed via certified mail to Boehringer Law Office, P.A., 1515 North Federal Highway, Suite 300, Boca Raton, Florida 33432. All payments for Claimants Hilaire and Valcimond shall be mailed via certified mail to the Claimants at addresses to be provided by EEOC. Copies of all payments and I.R.S. Forms for Charging Parties Jean-Hilaire, Raymond, Moises and Claimants Valcimond and Hilaire shall be forwarded to the attention of Lauren G. Dreilinger, Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131 within five (5) calendar days of issuance.
21. If Defendant fails to tender the payments described in paragraphs 19 and 20, above, then Defendants 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 and/or Plaintiff-Intervenors caused by the non-compliance or delay of the Defendant. .
X. DISPUTE RESOLUTION 22. In the event that EEOC and/or Plaintiff- Intervenors believe that Defendant has failed to comply with any provision(s) ofthe Decree, EEOC and/or Plaintiff-Intervenors shall have the right to seek Court intervention. Additionally, no party shall contest the Court's jurisdiction to hear a dispute arising from the Decree nor challenge EEOC's and/or PlaintiffIntervenors' ability to bring an action to enforce the terms of the Decree in this Court. XI. DURATION OF THE DECREE AND RETENTION OF JURISDICTION 23. All provisions of this Decree shall be in effect for a period of three (3) years immediately following entry ofthe Decree. 24. Each party to this Decree shall bear its own expenses, costs and attorneys' fees.

Case 9:06-cv-80297-DMM Document 29 Entered on FLSD Docket 12/15/2006 Page 11 of 11 11
25. The terms of this Decree shall be binding upon the present and future directors, officers, managers, agents, successors and assigns of Defendant. Defendant will provide a copy of this Consent Decree to any organization or person which proposes to merge with Defendant or acquire a majority or all of the stock in, or substantially all the assets of, Defendant, prior to the effectiveness of any such merger or acquisition. This paragraph shall not be deemed to limit any remedies available in the event of any finding by the Court of contempt for violation of this Decree.

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:
Is/ Nora E. Curtin NORA E. CURTIN Supervisory Trial Attorney New York Bar No. 2357697 GREGORY GOCHANOUR Acting Regional Attorney Illinois Bar ARDC No. 06210804 2 S. Biscayne Blvd., Suite 2700 Miami, Florida 33131
Lauren G. Dreilinger Trial Attorney New York Bar No. 75028890

For Dias Landscapes Corp.:
Is/ Michael McAuliffe~ MICHAEL MCAULIFFE Rosenberg & McAuliffe Florida BarNo. 0158356 1601 Forum Place, Suite 303 West Palm Beach, Florida 33401
For Plaintiff-Intervenors:
Is/ M. Kate Boehringer2 M.KATEBOEHRINGER Boehringer Law Office, P.A. Florida Bar No. 0041157. 1515 N. Federal Highway, Suite 300 Boca o , Florida 33432

DATE:

Michael McAuliffe expressly permits EEOC to submit his electronic signature. 2 Ms. Boehringer expressly permits EEOC to submit her electronic signature.

 
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U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:06-cv-80297-DMM

CLOSED

U.S. - EEOC v. Dias Landscapes Assigned to: Judge Donald M. Middlebrooks Demand: $0 Cause: 42:2000 Job Discrimination (Race)
Plaintiff
United States Equal Employment Opportunity Commission

Date Filed: 03/30/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Lauren Gayle Dreilinger Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1795 Fax: 305-808-1835 Email: lauren.dreilinger@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Charles Moise
Intervenor Plaintiff Auguste Hilaire
Intervenor Plaintiff

represented by Maria Kate Boehringer Boehringer Law Office PA 1515 N Federal Highway Suite 300 Boca Raton, FL 33432 561-392-2120 Fax: 392-2250 Email: maria.boehringer@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Maria Kate Boehringer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Odolphe Raymond
V. Defendant Dias Landscapes Corporation

represented by Maria Kate Boehringer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael Francis McAuliffe McAuliffe Law Group, PL 1601 Forum Place Centurion Tower Suite 300 West Palm Beach, FL 33401 561-712-4746 Fax: 712-4964 Email: michael@mcauliffelawgroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robin Lee Rosenberg McAuliffe Law Group, PL 1601 Forum Place Centurion Tower Suite 300 West Palm Beach, FL 33401 561-712-4746 Fax: 712-4964 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/30/2006 03/30/2006 04/04/2006
04/04/2006

#

Docket Text

1 COMPLAINT filed; Magistrate Judge Johnson (dg, Deputy Clerk) (Entered: 04/03/2006)
2 SUMMONS(ES) issued for Dias Landscapes (dg, Deputy Clerk) (Entered: 04/03/2006)
3 ORDER OF REFERENCE AND SETTING TRIAL DATE IN A CIVIL CASE: ORDER set Jury trial for 9:00 11/27/06 before Judge Donald M. Middlebrooks , set calendar call for 1:15 11/22/06 before Judge Donald M. Middlebrooks ( Signed by Judge Donald M. Middlebrooks on 4/4/06) [EOD Date: 4/6/06] (Former Deputy Clerk) (Entered: 04/06/2006)
3 ORDER OF REFERNECE: Pursuant to 28 USC Section 636(b)(1)(A) and the Magistrate Judge Rules of the local rules of the Southern District of Florida this cause is hereby referred to US Magistrate Judge Linne R. Johnson to conduct a scheduling conference pursuant to local rule 16.1.B, for the purpose of setting pre-trial deadline dates, and for determing possibile consent to the jurisdiction of the Magistrate Judge for trial (Signed by Judge Donald M. Middlebrooks on

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04/11/2006 04/27/2006 04/28/2006 05/02/2006
05/16/2006 05/17/2006 05/19/2006 05/23/2006 05/23/2006 05/23/2006
05/23/2006 06/08/2006 06/09/2006 06/12/2006

4/4/06) [EOD Date: 4/6/06] (Former Deputy Clerk) (Entered: 04/06/2006)
4 ORDER set scheduling conference for 11:30 5/23/06 before Magistrate Judge Linnea R. Johnson ( Signed by Magistrate Judge Linnea R. Johnson on 4/11/06) [EOD Date: 4/14/06] (cj, Deputy Clerk) (Entered: 04/14/2006)
5 MOTION by U.S. - EEOC (Attorney ) modify trial date and scheduling order (cj, Deputy Clerk) (Entered: 04/27/2006)
6 NOTICE of conflict by Dias Landscapes (cj, Deputy Clerk) (Entered: 04/28/2006)
7 ORDER granting [5-1] motion modify trial date and scheduling order Resetting Jury trial for 1/22/07 before Judge Donald M. Middlebrooks , and Reset calendar call for 1:15 1/15/07 before Judge Donald M. Middlebrooks (Signed by Judge Donald M. Middlebrooks on 5/02/06) [EOD Date: 5/3/06] (bb, Deputy Clerk) (Entered: 05/03/2006)
8 JOINT Scheduling Report of Scheduling Meeting by U.S. - EEOC, Dias Landscapes (cj, Deputy Clerk) (Entered: 05/16/2006)
9 ORDER [7-3] order set calendar call for 1:15 1/17/07 before Judge Donald M. Middlebrooks (Signed by Judge Donald M. Middlebrooks on 5/17/06) [EOD Date: 5/18/06] (ck, Deputy Clerk) (Entered: 05/18/2006)
10 Answer and affirmative defenses by Dias Landscapes (Attorney Robin Lee Rosenberg, Michael Francis McAuliffe), (cj, Deputy Clerk) (Entered: 05/19/2006)
11 Minutes of Scheduling Conference held before Magistrate Judge Linnea R. Johnson on 5/23/06; Court Reporter Name or Tape #: LRJ-06-25-950 (eg, Deputy Clerk) (Entered: 05/23/2006)
12 RETURN OF SERVICE executed for Dias Landscapes on 4/29/06 Answer due on 5/19/06 for Dias Landscapes (ss, Deputy Clerk) (Entered: 05/23/2006)
13 SCHEDULING ORDER setting Discovery cutoff 10/30/06 ; Deadline for filing of all motions by 11/13/06 Memos of law due on or before 11/13/06 Pretrial Stipulation due on or before 12/26/06 ( Signed by Magistrate Judge Linnea R. Johnson on 5/23/06) [EOD Date: 5/25/06] CCAP (lh, Deputy Clerk) (Entered: 05/25/2006)
13 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Magistrate Judge Linnea R. Johnson on 5/23/06) [EOD Date: 5/25/06] (lh, Deputy Clerk) (Entered: 05/25/2006)
14 NOTICE of selection of Donald Spero as Mediator by U.S. - EEOC (gp, Deputy Clerk) (Entered: 06/09/2006)
15 Witness list by Charles Moise and Auguste Hilaire and Odolphe Raymond (cj, Deputy Clerk) (Entered: 06/12/2006)
16 ORDER on motion to inervene by Charles Moise, Auguste Hilaire and Odolphe Raymond ( Signed by Judge Donald M. Middlebrooks on 6/12/06) [EOD Date: 6/14/06] (cj, Deputy Clerk) (Entered: 06/14/2006)

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06/12/2006 06/12/2006
07/31/2006 09/18/2006 09/21/2006 09/25/2006
10/18/2006 10/30/2006 11/03/2006 11/14/2006 11/16/2006 12/14/2006
12/15/2006 01/04/2007
01/05/2007

17 NOTICE of attorney appearance for Charles Moise, Auguste Hilaire, Odolphe Raymond by (cj, Deputy Clerk) (Entered: 06/14/2006)
18 MOTION with memorandum in support by Charles Moise, Auguste Hilaire, Odolphe Raymond (Attorney ) to intervene (cj, Deputy Clerk) (Entered: 06/14/2006)
19 Answer and affirmative defenses by Dias Landscapes jury demand (rb, Deputy Clerk) (Entered: 08/02/2006)
20 NOTICE of Mediation Hearing on 11/02/06 Donald Spero added as mediator (dj, Deputy Clerk) (Entered: 09/20/2006)
21 MOTION by Dias Landscapes to extend time name expert witness (dj, Deputy Clerk) (Entered: 09/21/2006)
22 ORDER granting [21-1] motion to extend time name expert witness ( Signed by Judge Donald M. Middlebrooks on 9/25/06) [EOD Date: 9/26/06] (rb, Deputy Clerk) (Entered: 09/26/2006)
23 NOTICE of filing Proposed Order Scheduling Mediation by United States Equal Employment Opportunity Commission (lh) (Entered: 10/19/2006)
24 ORDER . Signed by Judge Donald M. Middlebrooks on 10/30/2006. (sw) (Entered: 10/30/2006)
25 NOTICE by Dias Landscapes Corporation Notice of Firm Name Change (McAuliffe, Michael) (Entered: 11/03/2006)
26 REPORT of Mediation Disposition: Settled(Nicholson, Allene) (Entered: 11/14/2006)
27 NOTICE of Settlement by United States Equal Employment Opportunity Commission (Dreilinger, Lauren) (Entered: 11/16/2006)
28 Joint MOTION Entry of Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 12/14/2006)
29 ORDER granting 28 Motion CONSENT DECREE SEE ORDER. Signed by Judge Donald M. Middlebrooks on 12/15/2006. (sw) (Entered: 12/15/2006)
30 NOTICE by United States Equal Employment Opportunity Commission re 29 Order on Motion for Miscellaneous Relief (Attachments: # 1 Text of Proposed Order)(Dreilinger, Lauren) (Entered: 01/04/2007)
31 ORDER closing case and the Court shall retain jurisdiction to enforce the terms of the Consent Decree . Signed by Judge Donald M. Middlebrooks on 01/04/2007. (bs) (Entered: 01/05/2007)

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