IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

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02'SEP 27 AM 10: 58

UNITED STATES EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ALLIED PLASTICS COMPANY, INC.,

)

)

)

Defendant.

)

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

CIVIL ACTION NO. ~·.O'a~ L.-V- ~\.O-~-;lV ~ COMPLAINT
JURY TRIAL DEMAND
INJUNCTIVE RELIEF SOUGHT

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 sex, and to provide appropriate reliefto Lee Dodd ("Ms. Dodd"), Donna Signorile ("Ms. Signorile"), Cheryl Williams, Christine Williams and any other similarly situated individuals who were adversely affected by such practices. As stated with greater particularity in paragraph seven below, the Commission alleges that Ms. Dodd, Ms. SignoriIe, Cheryl Williams, Christine Williams and any other similarly situated individuals were sexually harassed at Defendant's place ofbusiness in Jacksonville, Florida. Ms. Dodd, Ms. Signorile, Cheryl Williams, Christine Williams and any other similarly situated individuals were forced to endure unwelcome sexual comments and/or physical contact because of their sex, which created a hostile work environment. The Commission further alleges that the conditions ofMs. Dodd's and Ms. Signorile's employment were made so intolerable by the hostile work environment that they were forced to resign.

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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) of Title VII of

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

Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

2.

The employment practices alleged to be unlawful were committed within the jurisdiction

of the United States District Court for the Middle District of Florida, Jacksonville Division.

PARTIES

3.

Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the

agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and

(3) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3).

4.

At all relevant times, Defendant, Allied Plastics Company, Inc. (the "Employer"), has

continuously been a Florida corporation doing business in the State of Florida and the City of

Jacksonville, 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 withing the meaning ofSections 701 (b), (g) and (h) ofTitle VII, 42

U.S.C. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution ofthis lawsuit, Ms. Dodd, Ms. Signorile, Cheryl

Williams and Christine Williams filed charges with the Commission alleging violations ofTitle VII

by Defendant Employer. All conditions precedent to the institution of this lawsuit have been

fulfilled.

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7. Since on or about March, 2000, Defendant Employer has engaged in unlawful employment

practices at its Jacksonville facility, in violation ofSection 703(a)(1) ofTitle VII, 42 U.S.C. § 2000e-

2(a).

(a) Specifically, Ms. Dodd, Ms. SignoriIe, Cheryl Williams and Christine Williams and

other similarly situated individuals were subjected to unwelcome physical and verbal

conduct of a sexual nature by Dennis Berger, Owner, and Richard Uhrie, Vice

President ofOperations, which was sufficiently severe and pervasive to constitute an

intimidating hostile and offensive work environment. The sexually offensive

conduct included, but was not limited to, touching, kissing, hugging, vulgar language

and sexually explicit discussions and jokes.

(b) Ms. Dodd and Ms. Signorile were forced to resign their position because the working

conditions of their employment were so intolerable (due to the persistent sexual

harassment by Dennis Berger and Richard Uhrie and Defendant's failure to take any

action) that a reasonable person SUbjected to the same or similar conduct would have

been compelled to resign.

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

Dodd, Ms. Signorile, Cheryl Williams, Christine Williams and other similarly situated individuals

of equal employment opportunities and otherwise adversely affect their status as an employee

because oftheir sex.

9.

The unlawful employment practices complained of in paragraph seven above were

intentional.

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10. The unlawful employment practices complained of in paragraph seven above were done

with malice or with reckless indifference to the federally protected rights of Ms. Dodd, Ms.

Signorile, Cheryl Williams, Christine Williams and any other similarly situated individuals.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A.

Grant a permanent injunction enjoining Defendant Employer, its officers, successors,

assigns, and all persons in active concert or participation with it, from engaging in sexual harassment

and any other employment practice which discriminates on the basis of sex.

B. Order Defendant Employer to institute and carry out policies, practices, and programs which

provide equal employment opportunities for victims of sexual harassment, and which eradicate the

effects of its past and present unlawful employment practices.

C.

Order Defendant Employer to make whole Ms. Dodd and Ms. Signorile 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.

D.

Order Defendant Employer to make whole Ms. Dodd and Ms. Signorile by providing

compensation for past and future pecuniary losses resulting from the unlawful employment practices

described in paragraph seven above including, but not limited to, job search expenses, in amounts

to be determined at trial.

E.

Order Defendant Employer to make whole Ms. Dodd, Ms. Signorile, Cheryl Williams,

Christine Williams and any other similarly situated individual by providing compensation for past

and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph

seven above, including emotional pain, suffering and inconvenience, in amounts to be determined

at trial.

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F.

Order Defendant Employer to pay Ms. Dodd, Ms. Signorile, Cheryl Williams, Christine

Williams and any other similarly situated individual punitive damages for its malicious and reckless

conduct described in paragraph seven above, in amounts to be determined at trial.

G.

Grant such further relief as the Court deems necessary and proper in the public interest.

H.

Award the Commission its costs in this action.

JURy TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.

NICHOLAS M. INZEO Acting Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

DELNER FRANKLIN-THOMAS Regional Attorney

MICHAELJ. FARRELL Supervisory Trial Attorney

Teresa Rodriguez T .al Attorney
FL Bar No. 0955876 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower Suite 2700 Two S. Biscayne Blvd. Miami, FI 33131 Tel. (305) 530-6010 Fac. (305) 536-4494

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 IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

1[~11:~V 21 P 3: 22

UNITED STATES EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION,

Plaintiff,

CIVIL ACTION NO.;

v.

3:02-CV-910-J-20 ETS,~,

> ,J

ALLIED PLASTICS CO., INC.,

-.

______D__e_f_e_n_d_a_n_t_. _________________________ 1

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INTERVENOR COMPLAINT AND DEMAND FOR JURy TRIAL

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Intervenors, Cheryl Williams, Christine Williams"Ll=e -'Oodd

("Ms. Dodd") and Donna Signorile ("Ms. Signorile") (collectively

(the "Intervenors") hereby sue Defendant, Allied Plastics Co.,

Inc., ("Allied"), a Florida corporation, and Intervenor Defendant

Rick Uhrie ("Mr. Uhrie") and alleges as follows:

INTRODUCTORY ALLEGATIONS

1. This Court has subject matter jurisdiction over this

action by virtue of 28 U.S.C. §§1331, 1334, and 42 U.S.C. §2000(e-

5), in that this action arises under Title VII of the Civil Rights

Action of 1964 (42 U.S.C. §2000 (e) et seq). To the extent that

Intervenors assert herein state law claims this Court has

supplemental jurisdiction over same in connection with 28 U.S.C.

§1367.

2. Intervenors are females and at all times material hereto

they were employed by Allied.

3. Allied is a Florida corporation and an employer within

the meaning of Title VII, 42 U.S.C. §2000e(b) ("Title VII") and

Chapter 760, Florida Statutes (the "Florida Civil Rights Act U ) 4. Allied maintains its principal place of business in
Jacksonville, Duval County, Florida. Upon information and belief Mr. Uhrie is a resident of Jacksonville, Duval County, Florida.
5. Venue is appropriate within the Jacksonville Division within the United States District Court, Middle District of Florida because the claims and damages asserted herein arose within the geographical area encompassed by this Court.
6. Pursuant to Title VII of the United States Code, this action should be scheduled for trial within 120 days.
7. Intervenors have complied with all conditions precedent to the maintenance of this action, or such conditions have been waived or excused by Allied. Specifically, Intervenors filed Charges of Discrimination against Allied with the Equal Employment Opportunity Commission (hereinafter "EEOC U ) and the Florida Commission on Human Relations (hereinafter "FCHR U ) complaining of the acts of sexual harassment, gender discrimination, termination and/or constructive discharge, and/or retaliation which form the grounds of the claims made herein, and the EEOC issued for cause determinations as to the charges filed by each Intervenor. The EEOC also filed suit against Allied for violating Title VII, 42 U.S.C. §§ 2000e, et seq. A true and correct copy of the Complaint filed against Allied by the EEOC is attached hereto and incorporated by reference.
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GENERAL ALLEGATIONS 8. Intervenors are members of a protected group under Title VII and the Florida Civil Rights Act, in that they are females. 9. Allied employed Intervenors at all times material hereto and Mr. Uhrie and Dennis Burger ("Mr. Burger") had supervisory authority over the Intervenors at all times material hereto. 10. At all times material hereto, Messrs. Uhrie and Burger were acting in their capacity as agents, employees, supervisors, managers and/or owners of Allied. 11. At all times material hereto Messrs Uhrie and Mr. Burger were acting in the course and scope of their employment and/or agency with Allied. 12. Intervenors were subjected to gender discrimination, sexual harassment, and a hostile environment at their workplace because of their gender, female. This gender discrimination, sexual harassment and hostile environment included, without limitation, that the Intervenors were treated differently with respect to the terms and conditions of their employment than were male employees, and the Intervenors were forced to endure unwelcome sexual comments and/or physical contact because of their gender, by Messrs. Uhrie and Burger. The foregoing conduct was sufficiently severe and pervasive so as to constitute an intimidating hostile and offensive work environment. The sexually offensive conduct included, but was not limited to, touching, kissing, hugging,
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reasonable fee for their services. COUNT I
(Discrimination, Hostile Environment and Sexual Harassment Under Title VII By Cheryl Williams Against ~lied)
20. Cheryl Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above.
21. This is an action for violation of Title VII for the gender discrimination, hostile environment and sexual harassment against Cheryl Williams.
22. Allied has violated Title VII by discriminating and against and harassing Cheryl Williams in the terms, conditions, and privileges of her employment because of her gender, and by creating a hostile environment.
23. Allied's acts were undertaken with malice and reckless disregard for Cheryl Williams' federally protected rights.
24. Cheryl Williams is now suffering and will continue to suffer irreparable inj ury and monetary damages as a result of Allied's discriminatory and harassing practices.
WHEREFORE, Cheryl Williams prays that this Court will: a. declare that the acts and practices complained of
herein are in violation of Title VII; b. enj oin Allied from continuing or maintaining any
policy, practice, or custom of denying, abridging, withholding, or conditioning the rights of employees on the
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basis of their sex, which rights are secured by Title VII; c. award her compensatory damages from Allied,
including all appropriate prejudgment interest thereon; d. award her lost wages and all other sums of money,
including employment benefits which were lost, together with set amounts for the injuries suffered as a result of Allied's violation of Title VII;
e. award her punitive damages from Allied to the maximum extent allowable;
f. award her costs and reasonable attorneys fees; and, g. grant such other and further relief as is just.
COUNT II (Discrimination, Hostile Environment and Sexual Harassment Under Florida Civil Rights Act
by Cheryl Williams Against Allied) 25. Cheryl Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above. 26. This is an action for violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. 27. Allied has discriminated against and sexually harassed Cheryl Williams on the basis of her gender, and created a hostile work environment, in violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes, including, without limitation, discriminating against her and harassing her with respect to the terms, conditions, and privileges of her employment and creating a
Page 6 of 34

' -.. /
hostile work environment. 28. Allied's acts were undertaken with malice and reckless
disregard for Cheryl Williams' rights protected under the law of the State of Florida.
29. Cheryl Williams is now suffering and will continue to suffer irreparable inj ury and monetary damages as a result of Defendant Allied's discriminatory practice and harassing practices.
WHEREFORE, Cheryl Williams prays that this Court will: a. direct Allied to pay damages representing lost wages and all other sums of money, including employment benefits which were lost, together with interest on said amount; b. award her compensatory damages from Allied, including all appropriate prejudgment interest thereon; c. award her punitive damages from Allied to the maximum extent allowable; d. Award her costs and reasonable attorneys fees; and, e. grant such other and further relief as is just. COUNT III (Retaliation under Title VII by Cheryl Williams Against Allied)
30. Cheryl Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above.
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31. This is an action for violation of Title VI I for the retaliation against Cheryl Williams due to her complaining about gender discrimination, sexual harassment and hostile environment.
32. Allied has violated Title VII by retaliating against Cheryl Williams in the terms, conditions, and privileges of her employment because of her complaint about gender discrimination, sexual harassment and hostile environment.
33. Allied's acts were undertaken with malice and reckless disregard for Cheryl Williams' federally protected rights.
34. Cheryl Williams is now suffering and will continue to suffer irreparable inj ury and monetary damages as a result of Allied's discriminatory, harassing and retaliatory practice.
WHEREFORE, Cheryl Williams prays that this Court will: a. declare that the acts and practices complained of
herein are in violation of Title VII; b. enjoin Allied from continuing or maintaining any
policy, practice, or custom of abridging, withholding, or conditioning the rights of employees by retaliating against persons who complain about discrimination, harassment and hostile environment;
c. award her compensatory damages, including all appropriate prejudgment interest thereon;
d. award her lost wages and all other sums of money, including employment benefits which were lost, together with
Page 8 of 34

set amounts for the injuries suffered as a result of Allied's violation of Title VII;
e. award her puni ti ve damages to the maximum extent allowable;
f. award her costs and award reasonable attorneys fees; and,
g. grant such other and further relief as is just. COUNT IV
(Retaliation Under Florida Civil Rights Act By Cheryl Williams Against Allied)
35. Cheryl Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above.
36. This is an action for violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes.
37. Allied has retaliated against Cheryl Williams due to her complaining about gender discrimination, sexual harassment and hostile environment, in violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes, including, without limi tation, discriminating against her and harassing her with respect to the terms, conditions, and privileges of her employment and creating a hostile work environment.
38. Allied's acts were undertaken with malice and reckless disregard for Cheryl Williams' rights protected under the law of the State of Florida.
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39. Cheryl Williams is now suffering and will continue to

suffer irreparable inj ury and monetary damages as a result of

Allied's discriminatory and harassing practices.

WHEREFORE, Cheryl Williams prays that this Court will:

a. award damages to her representing lost wages and all

other sums of money, including employment benefits which were

lost, together with interest on said amount;

b. award compensatory damages to her, including all

appropriate prejudgment interest thereon;

c. award her punitive damages from Allied to the

maximum extent allowable;

d. award her costs and reasonable attorneys fees; and,

e. grant such other and further relief as is just.

COUNT V
(Assault by Cheryl Williams Against Uhrie and Allied)

40. Cheryl Williams reallages and incorporates by reference

as if set forth fully herein paragraphs numbered 1 through 5 and 9

through 12 above. 41. This is an action for assault.

42. Mr. Uhrie has engaged in numerous intentional acts of

making threats of physical force or touching, directed to Cheryl

Williams, including, without limitation, following, detaining and intimidating.

hugging,

kissing,

43. A reasonable person would believe that Mr. Uhrie's

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conduct in this regard would be viewed as unwelcome and threatening and would create a fear on the part of the recipient of imminent peril, along with the present ability to effectuate the attempt.
44. At all times material hereto the Mr. Uhrie was acting within the course and scope of his employment with Allied, and/or Allied ratified, condoned or approved of Mr. Uhrie's behavior in this regard.
45. Mr. Uhrie's actions were undertaken with malice and reckless disregard for Cheryl Williams' well being.
46. Allied's conduct in ratifying, condoning or approving of Mr. Uhrie's actions was also undertaken with malice and reckless disregard for the Cheryl Williams' well-being.
47. Cheryl Williams is now suffering and will continue to suffer irreparable injury and monetary damages as a result of the conduct of Allied and Mr. Uhrie.
WHEREFORE, Cheryl Williams prays that this Court will: a. award her compensatory damages, including all
appropriate prejudgment interest thereon, from Allied and Mr. Uhrie;
b. award her punitive damages from Allied and Mr. Uhrie;
c. award her costs; and d. grant such other and further relief as 1S j~st.
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COUNT VI (Battery by Cheryl Williams Against Uhrie and Allied)
48. Cheryl Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 5 and 9 through 12 above.
49. This is an action for battery. 50. Mr. Uhrie has engaged in numerous intentional acts of physical force or touching, directed to Cheryl Williams, including, wi thout limitation, hugging, kissing, following, detaining and intimidating. 51. A reasonable person would believe that Mr. Uhrie's conduct in touching Cheryl Williams, as outlined above, would be harmful and offensive to the recipient. 52. At all times material hereto Mr. Uhrie was acting within the course and scope of his employment with Allied, and/or Allied ratified, condoned or approved of Mr. Uhrie's behavior in this regard. 53. Mr. Uhrie's actions were undertaken with malice and reckless disregard for Cheryl Williams' well being. 54. Allied's conduct in ratifying, condoning or approving of Mr. Uhrie's actions was also undertaken with malice and reckless disregard for the Cheryl Williams' well-being. 55. Cheryl Williams is now suffering and will continue to suffer irreparable injury and monetary damages as a result of the
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conduct of Allied and Mr. Uhrie. WHEREFORE, Cheryl Williams prays that this Court will: a. Award compensatory damages in her favor and against Allied and Mr. Uhrie, including all appropriate prejudgment interest thereon; b. award her punitive damages from Allied and Mr. Uhrie; c. award her costs; and, d. grant such other and further relief as is just. COUNT VII (Intentiona1 Inf1iction of Emotiona1 Distress By Chery1 Wi11iams Against Uhrie and A11ied) 56. Cheryl Williams reallages and incorporates by reference
as if set forth fully herein paragraphs numbered 1 through 5 and 9 through 12 above.
57. This is an action for intentional infliction of emotional distress.
58. Mr. Uhrie has engaged in numerous intentional acts of physical force or touching, or making threats of physical force or touching, directed to Cheryl Williams, including, without limitation, hugging, kissing, following, detaining and intimidating.
59. Mr. Uhrie's conduct in this regard was extreme and outrageous and undertaken intentionally or recklessly.
60. At all times material hereto Mr. Uhrie was acting within
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the course and scope of his employment with Allied, and/or Allied ratified, condoned or approved of Mr. Uhrie's behavior in this regard.
61. Mr. Uhrie's actions were undertaken with malice and reckless disregard for Cheryl Williams' well being.
62. Allied's conduct in ratifying, condoning or approving of Mr. Uhrie's actions was also undertaken with malice and reckless disregard for Cheryl Williams' well-being and was outrageous and undertaken intentionally.
63. Cheryl Williams is now suffering and will continue to suffer irreparable injury and monetary damages as a result of the conduct of Allied and Mr. Uhrie.
WHEREFORE, Cheryl Williams prays that this Court will: a. Award compensatory damages to her, against Mr. Uhrie
and Allied, including all appropriate prejudgment interest thereon;
b. award her punitive damages against Allied and Mr. Uhrie;
c. award her costs; and, d. grant such other and further relief as is just.
COUNT VIII (Discr~ination, Sexual Harassment and
Hostile Environment Under Title VII By Christine Williams Against Allied) 64. Christine Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1
Page 14 of 34

through 19 above. 65. This is an action for violation of Title VI I for the
gender discrimination and sexual harassment against Christine Williams.
66. Allied has violated Title VII by discriminating against and harass ing Christine Williams in the terms, conditions, and privileges of her employment because of her gender and creating a hostile work environment.
67. Allied's acts were undertaken with malice and reckless disregard for Christine Williams' federally protected rights.
68. Christine Williams is now suffering and will continue to suffer irreparable inj ury and monetary damages as a result of Allied's discriminatory and harassing practices.
WHEREFORE, Christine Williams prays that this Court will: a. declare that the acts and practices complained of
herein are in violation of Title VII; b. enj oin Allied from continuing or maintaining any
policy, practice, or custom of denying, abridging, withholding, or conditioning the rights of employees on the basis of their sex, which rights are secured by Title VII;
c. award her compensatory damages from Allied, including all appropriate prejudgment interest thereon;
d. award her lost wages and all other sums of money, including employment benefits which were lost, together with
Page 15 of 34

' -.. /
set amounts for the injuries suffered as a result of Defendant Allied's violation of Title VII;
e. award her punitive damages from Allied to the maximum extent allowable;
f. award her costs and reasonable attorneys fees; and, g. grant such other and further relief as is just.
COUNT IX (Discrimination, Sexual Harassment and Hostile Environment Under Florida Civil Rights Act by Christine Williams Against Allied) 69. Christine Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above. 70. This is an action for violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes. 71. Allied has discriminated against and sexually harassed Christine Williams on the basis of her gender, and created a hostile environment, in violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes, including, without limitation, discriminating against her and sexually harassing her wi th respect to the terms, condi t ions I and pr i v i leges of her employment, and creating a hostile work environment. 72. Allied's acts were undertaken with malice and reckless disregard for Christine Williams' rights protected under the law of the State of Florida. 73. Christine Williams is now suffering and will continue to
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suffer irreparable inj ury and monetary damages as a result of Defendant Allied's discriminatory and harassing practices.
WHEREFORE, Christine Williams prays that this Court will: a. Award her damages representing lost wages and all other sums of money, including employment benefits which were lost, together with interest on said amount; b. award her compensatory damages from Allied, including all appropriate prejudgment interest thereon; c. award her punitive damages from Allied to the maximum extent allowable; d. Award her costs and award reasonable attorneys fees; and, e. grant such other and further relief as is just. COUNT X (Retaliation under Title VII by Christine Williams Against Allied)
74. Christine Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above.
75. This is an action for violation of Title VI I for the retaliation against Christine Williams due to her complaining about gender discrimination, sexual harassment and hostile environment.
76. Allied has violated Title VII by retaliating against
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Christine Williams in the terms, conditions, and privileges of her employment because of her complaint about gender discrimination, sexual harassment and hostile environment.
77. Allied's acts were undertaken with malice and reckless disregard for Christine Williams' federally protected rights.
78. Christine Williams is now suffering and will continue to suffer irreparable inj ury and monetary damages as a result of Allied's discriminatory, harassing and retaliatory practice.
WHEREFORE, Christine Williams prays that this Court will: a. declare that the acts and practices complained of
herein are in violation of Title VII; b. enjoin Allied from continuing or maintaining any
policy, practice, or custom of abridging, withholding, or conditioning the rights of employees by retaliating against persons who complain about discrimination, hostile environment and sexual harassment;
c. award her compensatory damages, including all appropriate prejudgment interest thereon;
d. award her lost wages and all other sums of money, including employment benefits which were lost, together with set amounts for the injuries suffered as a result of Allied's violation of Title VII;
e. award her punitive damages to the maximum extent allowable;
Page 18 of 34

f. award her costs and award reasonable attorneys fees i and,
g. grant such other and further relief as is just. COUNT XI
(Retaliation Under Florida Civil Rights Act By Christine Williams Against Allied)
79. Christine Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above.
80. This is an action for violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes.
81. Allied has retaliated against Christine Williams due to her complaining about gender discrimination, sexual harassing and hostile environment, in violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes, including, without limitation, discriminating against and sexually harassing her with respect to the terms, conditions, and privileges of her employment and creating a hostile environment.
82. Allied's acts were undertaken with malice and reckless disregard for Christine Williams rights protected under the law of the State of Florida.
83. Christine Williams is now suffering and will continue to suffer irreparable inj ury and monetary damages as a result of Allied's discriminatory and harassing practices.
WHEREFORE, Christine Williams prays that this Court will:
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a. award damages to her representing lost wages and all other sums of money, including employment benefits which were lost, together with interest on said amount;
b. aware compensatory damages to her including all appropriate prejudgment interest thereon;
c. award her punitive damages from Allied to the maximum extent allowable for an intentional violation of Title VII, as will be shown by the evidence;
d. award her costs and reasonable attorneys fees; and, e. grant such other and further relief as is just.
COUNT XII (Assault by Christine Williams
Aqainst Uhrie and Allied) 84. Christine Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 5 and 9 through 12 above. 85. This is an action for assault. 86. Mr. Uhrie has engaged in numerous intentional acts of rna king threats of physical force or touching, directed to the Christine Williams, including, without limitation, hugging, kissing, following, detaining and intimidating. 87. A reasonable person would believe that Mr. Uhrie's conduct in this regard would be viewed as unwelcome and threatening and would create a fear on the part of the recipient of imminent peril, along with the present ability to effectuate the attempt.
Page 20 of 34

88. At all times material hereto the Mr. Uhrie was acting within the course and scope of his employment with Allied, and/or Allied ratified, condoned or approved of Mr. Uhrie's behavior in this regard.
89. Mr. Uhrie's actions were undertaken with malice and reckless disregard for Christine Williams' well being.
90. Allied's conduct in ratifying, condoning or approving of Mr. Uhrie's actions was also undertaken with malice and reckless disregard for the Christine Williams' well-being.
91. Christine Williams is now suffering and will continue to suffer irreparable injury and monetary damages as a result of the conduct of Allied and Mr. Uhrie.
WHEREFORE, Christine Williams prays that this Court will: a. award her compensatory damages, including all
appropriate prejudgment interest thereon, from Allied and Mr. Uhrie;
b. award her punitive damages from Allied and Mr. Uhrie;
c. award her costs; and d. grant such other and further relief as is just.
COUNT XIII (Battery by Christine Williams
Against Uhrie and ~lied) 92. Christine Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1
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through 5 and 9 through 12 above. 93. This is an action for battery. 94. Mr. Uhrie has engaged in numerous intentional acts of
physical force or touching, directed to Christine Williams, including, without limitation, hugging, kissing, following, detaining and intimidating.
95. A reasonable person would also believe that Mr. Uhrie's conduct in touching Christine Williams, as outlined above, would be harmful and offensive to the recipient.
96. At all times material hereto Mr. Uhrie was acting within the course and scope of his employment with Allied, and/or Allied ratified, condoned or approved of Mr. Uhrie's behavior in this regard.
97. Mr. Uhrie's actions were undertaken with malice and reckless disregard for Christine Williams' well being.
98. Allied's conduct in ratifying, condoning or approving of Mr. Uhrie's actions was also undertaken with malice and reckless disregard for the Christine Williams' well-being.
99. Christine Williams is now suffering and will continue to suffer irreparable injury and monetary damages as a result of the conduct of Allied and Mr. Uhrie.
WHEREFORE, Christine Williams prays that this Court will: a. Award her compensatory damages to be paid by Allied
and Mr. Uhrie, including all appropriate prejudgment interest
Page 22 of 34

thereon; b. award her punitive damages from Allied and Mr.
Uhrie; c. award her costs; and, d. grant such other and further relief as is just. COUNT XIV (Intentional Infliction of Emotional Distress
By Christine Williams Against Uhrie and Allied) 100. Christine Williams reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 5 and 9 through 12 above. 101. This is an action for intentional infliction of emotional distress. 102. Mr. Uhrie has engaged in numerous intentional acts of physical force or touching, or making threats of physical force or touching, directed to Cheryl Williams, including, without limitation, hugging, kissing, following, detaining and intimidating. 103. Mr. Uhrie's conduct in this regard was extreme and outrageous and undertaken intentionally or recklessly. 104. At all times material hereto Mr. Uhrie was acting within the course and scope of his employment with Allied, and/or Allied ratified, condoned or approved of Mr. Uhrie's behavior in this regard. 105. Mr. Uhrie's actions were undertaken with malice and
Pag~ 23 of 34

reckless disregard for Christine Williams' well being. 106. Allied's conduct in ratifying, condoning or approving of
Mr. Uhrie's actions was also undertaken with malice and reckless disregard for Christine Williams' well-being and was outrageous and undertaken intentionally.
107. Christine Williams is now suffering and will continue to suffer irreparable injury and monetary damages as a result of the conduct of Allied and Mr. Uhrie.
WHEREFORE, Christine Williams prays that this Court will: a. Award compensatory damages to her, against Mr. Uhrie
and Allied, including all appropriate prejudgment interest thereon;
b. award her punitive damages from Allied and Mr. Uhrie;
c. award her costs; and, d. grant such other and further relief as is just.
COUNT XV
(Discr~ination, Sexual Harassment and Hostile Environment Under Title VII By Lee Dodd Against Allied)
108. Ms. Dodd reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above.
109. This is an action for violation of Title VII for the gender discrimination against, sexual harassment of Ms. Dodd, and creating a hostile environment.
110. Allied has violated Title VIr by discriminating against Page 24 of 34

and sexual harassing, Ms. Dodd in the terms, conditions, and privileges of her employment because of her gender and creating a hostile work environment.
111. Allied's acts were undertaken with malice and reckless disregard for Ms. Dodd's federally protected rights.
112. Ms. Dodd is now suffering and will continue to suffer irreparable injury and monetary damages as a result of Allied's discriminatory and harassing practices.
WHEREFORE, Lee Dodd prays that this Court will: a. declare that the acts and practices complained of
herein are in violation of Title VII; b. enj oin Allied from continuing or maintaining any
policy, practice, or custom of denying, abridging, withholding, or conditioning the rights of employees on the basis of their sex, which rights are secured by Title VII;
c. award her compensatory damages from Allied, including all appropriate prejudgment interest thereon;
d. award her lost wages and all other sums of money, including employment benefits which were lost, together with set amounts for the injuries suffered as a result of Defendant Allied's violation of Title VII;
e. award her punitive damages from Allied to the maximum extent allowable;
f. award her costs and award reasonable attorneys fees;
Page 25 of 34

and, g. grant such other and further relief as is just. COUNT XVI (Discrimination, Sexual Harassment and Hostile Environment Under Florida Civil Rights Act by Lee Dodd Against Allied)
113. Ms. Dodd reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above.
114. This is an action for violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes.
115. Allied has discriminated against and sexual harassment of Ms. Dodd on the basis of her gender, in violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes, including, without limitation, discriminating against her and harassing her wi th respect to the terms, conditions, and privileges of her employment, and creating a hostile work environment.
116. Allied's acts were undertaken with malice and reckless disregard for Ms. Dodd's rights protected under the law of the State of Florida.
117. Ms. Dodd is now suffering and will continue to suffer irreparable injury and monetary damages as a result of Defendant Allied's discriminatory and harassing practices.
WHEREFORE, Lee Dodd prays that this Court will: a. Award her damages representing lost wages and all other sums of money, including employment benefits which were lost, together with interest on said Page 26 of 34

amount; b. award her compensatory damages from Allied,
including all appropriate prejudgment interest thereon; c. award her punitive damages from Allied to the maximum extent allowable; d. Award her costs and reasonable attorneys fees; and, e. grant such other and further relief as is just.
COUNT XVII (Assault by Lee Dodd Aqainst Uhrie and ~lied)
118. Ms. Dodd reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 5 and 9 through 12 above.
119. This is an action for assault. 120. Mr. Uhrie has engaged in numerous intentional acts of making threats of physical force or touching, directed to the Ms. Dodd, including, without limitation, hugging and intimidating. 121. A reasonable person would believe that Mr. Uhrie's conduct in this regard would be viewed as unwelcome and threatening and would create a fear on the part of the recipient of imminent peril, along with the present ability to effectuate the attempt. 122. At all times material hereto the Mr. Uhrie was acting within the course and scope of his employment with Allied, and/or Allied ratified, condoned or approved of Mr. Uhrie's behavior in
Page 27 of 34

this regard. 123. Mr. Uhrie's actions were undertaken with malice and
reckless disregard for Ms. Dodd's well being. 124. Allied's conduct in ratifying, condoning or approving of
Mr. Uhrie's actions was also undertaken with malice and reckless disregard for the Ms. Dodd's well-being.
125. Ms. Dodd is now suffering and will continue to suffer irreparable injury and monetary damages as a result of the conduct of Allied and Mr. Uhrie.
WHEREFORE, Lee Dodd prays that this Court will: a. award her compensatory damages, including all
appropriate prejudgment interest thereon, from Allied and Mr. Uhrie;
b. award her punitive damages from Allied and Mr. Uhrie;
c. award her costs; and d. grant such other and further relief as is just.
COUNT XVIII (Battery by Lee Dodd Against Uhrie and ~lied)
126. Ms. Dodd reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 5 and 9 through 12 above.
127. This is an action for battery. 128. Mr. Uhrie has engaged in numerous intentional acts of
Page 28 of 34

physical force or touching, directed to Ms. Dodd, including, without limitation, hugging and intimidating.
129. A reasonable person would also believe that Mr. Uhrie's conduct in touching Ms. Dodd, as outlined above, would be harmful and offensive to the recipient.
130. At all times material hereto Mr. Uhrie was acting within the course and scope of his employment with Allied, and/or Allied ratified, condoned or approved of Mr. Uhrie's behavior in this regard.
131. Mr. Uhrie's actions were undertaken with malice and reckless disregard for Ms. Dodd's well being.
132. Allied's conduct in ratifying, condoning or approving of Mr. Uhrie's actions was also undertaken with malice and reckless disregard for the Ms. Dodd's well-being.
133. Ms. Dodd is now suffering and will continue to suffer irreparable injury and monetary damages as a result of the conduct of Allied and Mr. Uhrie.
WHEREFORE, Lee Dodd prays that this Court will: a. Award her compensatory damages to be paid by Allied
and Mr. Uhrie, including all appropriate prejudgment interest thereon;
b. award her punitive damages from Allied and Mr. Uhrie;
c. award her costs; and,
Page 29 of 34

d. grant such other and further relief as is just. COUNT XIX
(Intentional Infliction of Emotional Distress By Lee Dodd Against Uhrie and Allied)
134. Ms. Dodd reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 5 and 9 through 12 above.
135. This is an action for intentional infliction of emotional distress.
136. Mr. Uhrie has engaged in numerous intentional acts of physical force or touching, or making threats of physical force or touching, directed to Ms. Dodd, including , without limitation, hugging and intimidating.
137. Mr. Uhrie's conduct in this regard was extreme and outrageous and undertaken intentionally or recklessly.
138. At all times material hereto Mr. Uhrie was acting within the course and scope of his employment with Allied, and/or Allied ratified, condoned or approved of Mr. Uhrie's behavior in this regard.
139. Mr. Uhrie's actions were undertaken with malice and reckless disregard for Ms. Dodd's well being.
140. Allied's conduct in ratifying, condoning or approving of Mr. Uhrie's actions was also undertaken with malice and reckless disregard for Ms. Dodd's well-being and was outrageous and undertaken intentionally.
Page 30 of 34

141. Ms. Dodd is now suffering and will continue to suffer irreparable injury and monetary damages as a result of the conduct of Allied and Mr. Uhrie.
WHEREFORE, Lee Dodd prays that this Court will: a. Award compensatory damages to her, against Mr. Uhrie
and Allied, including all appropriate prejudgment interest thereon;
b. award her punitive damages from Allied and Mr. Uhrie;
c. award her costs; and, d. grant such other and further relief as is just.
COUNT XX
(Discrimination, Sexual Harassment and Hostile Environment Under Title VII By Donna Siqnorile Against ~lied)
142. Ms. Signorile reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above.
143. This is an action for violation of Title VII for the gender discrimination against and sexual harassment of Ms. Signorile, creating a hostile work environment.
144. Allied has violated Title VII by discriminating against and sexually harassed Ms. Signorile in the terms, conditions, and privileges of her employment because of her gender and created a hostile work environment.
145. Allied's acts were undertaken with malice and reckless disregard for Ms. Signorile's federally protected rights.
Page 31 of 34

146. Ms. Signorile is now suffering and will continue to suffer irreparable inj ury and monetary damages as a result of Allied's discriminatory and harassing practices.
WHEREFORE, Donna Signorile prays that this Court will: a. declare that the acts and practices complained of
herein are in violation of Title VII; b. enj oin Allied from continuing or maintaining any
policy, practice, or custom of denying, abridging, withholding, or conditioning the rights of employees on the basis of their sex, which rights are secured by Title VII;
c. award her compensatory damages from Allied, including all appropriate prejudgment interest thereon;
d. award her lost wages and all other sums of money, including employment benefits which were lost, together with set amounts for the injuries suffered as a result of Defendant Allied's violation of Title VII;
e. award her punitive damages from Allied to the maximum extent allowable;
f. award her costs and reasonable attorneys fees; and, g. grant such other and further relief as is just.
COUNT XXI (Discrimination, Sexual Harassment and Hostile
Environment Under Florida Civil Rights Act by Donna Signorile Against Allied)
147. Ms. Signorile reallages and incorporates by reference as if set forth fully herein paragraphs numbered 1 through 19 above.
Page 32 of 34

148. This is an action for violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes.
149. Allied has discriminated against and sexually harassed Ms. Signorile on the basis of her gender, and created a hostile environment, in violation of the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes, including, without limitation, discriminating against her and sexually harassing her with respect to the terms, conditions, and privileges of her employment, and creating a hostile environment.
150. Allied's acts were undertaken with malice and reckless disregard for Ms. Signorile's rights protected under the law of the State of Florida.
151. Ms. Signorile is now suffering and will continue to suffer irreparable inj ury and monetary damages as a result of Defendant Allied's discriminatory and harassing practices.
WHEREFORE, Donna Signorile prays that this Court will: a. Award her damages representing lost wages and all other sums of money, including employment benefits which were lost, together with interest on said amount; b. award her compensatory damages from Allied, including all appropriate prejudgment interest thereon; c. award her punitive damages from Allied to the
Page 33 of 34

maximum extent allowable; d. Award her costs and reasonable attorneys fees; and, e. grant such other and further relief as is just.
JURy DEMAND
Intervenors demand trial by jury on all issues so triable.

Florida P.o. Box 477 Jacksonville, FL 32201 Telephone: 904-355-7000 Facsimile: 904-355-0266 Attorneys for Intervenors

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was provided to: Carla J. Von Greiff, Esquire, Trial Attorney for EEOC, 501 East Polk Street, Suite 1020, Tampa, Florida 33602;

Delner-Franklin Thomas, Regional Attorney for EEOC, One South

Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700 I Miami,

Florida 33131; and William H. Andrews, Esquire, Coffman, Coleman,

Andrews & Grogan, P.A., Counsel for Allied, 2065 HerschelrYJFeet, Jacksonville, Florida 32204; by United States Mail this ~~ day

of November, 2002.

\"

~

j~

Attorney

""-

Page 34 of 34

.- ..O. ch!l,1~2002 14:15

From-EEOC-MIAMI

~UOO~U(bbU

-......; ~ _~r l.'r:-fVFn
IN THE UNITED STATES DISTRICr COURT FOR THE MIDDLE DISTRICT OF fLORIDA
JACKSONVlLLE DIVISI01l
02 SEP 27 AM 10: 59

~TEDSTATESEQUALEMPlOYMENT

}

OPPORTUNITY COMMISSION.

)

)

Plaintiff,

}

)

v,
ALLIED PLASTICS COMPANY. INC .•

L" ' \.() } CI -IlL ACTION NO.

)

~. C1d-

~ -"0 - ~ ~"",5

)

~'MPLAOO

) lliRY TRIAL DEMAND

) INJUNCINE RELIEF SOUGHT

Defendant.

)

)

NATtlRG. Of THE ACTION
This is an action under Title VII of the Civil Righls Act of 1964 and Title I of me Civtl
RighlS Act of 1991 to COlTect unlawful employment practices .In the basis of sex, and to provide appropriare reliefro Lee Dodd ("Ms. Doddj, Donna Signorile (··Ms. Signorile"). Cheryl Williams, Christlne Williams and any other similarly situated individuals who were adversely affected by such practices. As stated with greater panicularity in paragraph seven below. the Commission alleges that Ms. Dodd, Ms. Signorile. Chetyl Williams, Christine Willian.s and any other similarly sitUated individuals were sexually harassed at Defendant's place ofbusi,less in Jacksonville, Florida. Ms. Dodd., Ms. Signorile. Cheryl Williams. Christine Williams and any other similarly situated individuals were forced (0 endure unwelcome sexual commen~ and/or physical contact because 0 f their sex, which creaTed a hostile work enyirorunent. The C(,mnUssion funher alleges that the conditions of Ms. Dodd's and Ms. Signorile's employment wcr.: made so intolerable by the hostile work environment that they were forced to resign.

1

·f Oct-~1-20D2 14:15

FrOll-EEOC-MIAMI
'-"

JURISDICTION AND VEW} ,

1.

Jurisdiction ofthls Coun is Invoked pursuantto 28 U.S C. §~ 451 t 1331, 1337, 1343, and

1345. This action is authorized and instituted pursuant to Sectit-n 706(f)( 1) and (3) of Title VII of

the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e·5(f)(l} and (3) ("Title Vll") and

Section 102 ofthe Civil Rlghts Act ofl991. 42 U.S.C. § 1981.4.

2. The employment practices alleged 10 be unlawful were committed within the jurisdiction

oCme United States District Coun for tbe Middle Disuict ofFlt,rida. Jacksonville Division.

PARTIES

3.

PlainufT, the Equal Employment Opponunity CommiSSion (the ··Commission"). is (hi!

agency of the United States of America charged with the Wninistration. interpretation and

enforcement ofTitle vn. and is expressly authorized to bring lnis action by Section 706(1)(1) and

(3) ofTide VlI. 42 U.S.C. § 2000e-5(f){l) and (3).

4.

At all relevant times, Defendant. Allied Plastics Co:·npany, Inc. (the ··Employer"), has

continuously been a Florida cOlporanon doing business in the Slate of Florida and the eny of

]acksonV1U~. and has continuously had at least 15 employees.

5. At all relevant times, Defendant Employer has continu.lUsly been an employer engaged in

an industry affecting commerce withing the meaning of~crior s 701 (b). (g) and (h) ofTitle VII. 42

U.S.C. §§ 2000e(b). (g) and (h).

STAIEMJ;NT OF CLAlM:i

6. More than thuty days prior to the msmution oftbis lawsdt. Ms. Dodd, Ms. SignoriIe, Chery1

Williams and Christine Williams filed charges with the Commi ;.sion alleging VIolations ofTide Vl!

by Defendant Employer. All conditions precedent to (he ir.stitution of this lawsuit have been

fUlfilled.

2

. ,r Oct:-O.l-Z.UUZ 14:15

FrOIll-~~OC-MIAMI

~U:l:l"UlbbU

7. Since on or about March. 2000, Defendant Employer h~. engaged in unlawful employment

pracuces at its Jacksonville facilily. in \llo13110n ofSeenon 703(a:l( 1) ofTide VIl. 42 U S.C. § 2000e-

2(a).

ta} Specifically. Ms. Dodd, ~s Signorik, Cheryl Williams and Christine Williams and

other simdarly situated individuals were subjtcte.1 to unwelcome physical and verbal

conduc[ of a sexual natUre by Dennis Berger. Owner. and Richard Uhrie, Vice

President ofOperations. which was sufficiently s~vere and pervasive to constitute an

intimidating hostile and offensive work env}1 omn~nt. The sexualJy offensive

conduct included, but was not limited to, louchin;" kissing. hugging. vulgar language

and sexually explicit discussions and jokes.

(b) Ms. Dodd and Ms. SignoriIe W~ forced to resig.1 theirposinon because the working

conditions of their employment were so inIal< Table (due to the persistent sexual

harassment by Dennis Berger and Richard Ubric and Defendant's faiJ~e to take any

action) tbal a reasonable person subjected to the ~amc or similar conduct would have

been compelled to resign.

8. The effect ofthe practices complained ofin paragraph ~even above has been to deprive Ms.

Dodd. Ms. SignoriIe. Cheryl Williams, Christine WillIams ana other sitnilarly sltuated individuals

of equal employmenl opportunities and otherwise adversely aff«t their status as an employee

because of their sex.

9.

The unlawful employment practices complained of 10 paragraph seven above were

intentional.

3

..'

trom-ttUl.-MIIIMI IIIMI

~UO;j~U'UUU

1o. Th~ unlawful employmem ptaCticc;s complained of in paragraph se\len above were done

wnh mahce or wllh reckless indifference to the federally pl01ected ngh[s of Ms. Dodd. Ms.

Signorile. Cheryl Williams, Christine Willj~s and any other similarly SItuated mdividuals.

pRAnR fOR RELIEF

Wherefore, the Commission respectfully requests that t:lis Court:

A.

Grant a permanent injunction enjoining Defendant Employer. its officers. successors.

assigns~ and all persons in active concert orparticipation with if, from engaging in sexual harassment
and any oilier employment practice which discriminates on me basis of sex.

B. Order Defendant Employer to institUte and carry out pol:cies. practices, and programs which

provide equal employment opponunities for victims ofsexual harassment. and which eradicate me

effectS of its past and present unlawful employment practices.

C.

Order Defendant Employer TO make whole Ms. Dc.dd and Ms. Signorile by providing

appropriate backpay with prejudgment interest, in amountS ,0 be determined at uial. and other

affirmative reliefnecessary to eradicate the effectS ofits unia\itul employment practices.

D.

Order Defendant Employer to make whole Ms. nJdd and Ms. Signorile by providing

compensation for past and future pecuniary losses resulting fro! nthe unlawful employment practices

described in paragraph seven above including. but not limitea to, job search expenses, in amounts

to be delennined al trial.

E.

Order Defendan[ Employer to make whole Ms. Dcdd, Ms. Signorile. Cheryl Williams.

Christine Williams and any other similarly situated individua~ by providing compensation for past

and future nonpecuniary losses resulting from the unlawful 1,t'aCllces complained of in paragraph

seven above, including emotional pain, sutTenng and mconvc :nience, in amounts to be determined

at mal.

4

rrom-t:t:U\"-MIIIMI
F. Order Defendant Employer to pay Ms. Dodd, Ms. Signori Ie. Cheryl Williams, Christine
Williams and any other sImilarly situated individual punitive damages for irs malicious and reckless
conduct described in paragraph seven abo\'e, in amounts lO be d.:tennined at trial.
G. Gram such funher relief as the Coun deems necessaI)' :lI1d proper in the public interest. H_ Award the Commission its costS In this action.
JURY TRIAL DEMAND The Commission requests a jUlY uial on all questions (,f facl raised by its complaint.
NICHOLAS M. INZEO
Acting Deputy General Counsel
GWENDOLYN '\ OUNO ReAMS
Associate Genera) Counsel DELNEa. FRANKLIN-THOMAS
Regional Attorney
MICHAEL J. FA~LL
Supervisory Trial Attorney
Teresa RodriI'Ue2 Trial Anomey
FL Bar No. O9S!,876 EQUAL EMPL(,YMENT OPPORTUNITY COMMlSSION Miami District Ctlice One Biscayne T(,wer Suite 2700 Two S. Biscaynt Blvd. Miami, Fl 33131 Tel. (30S) 53()"6.)lO fac. (305) 536-4494
s

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

~
znu] MAY \ 3 P 3: 35

Plaintiff,

v.

Case No.: 3:02-cv-91O-J-20HTS

ALLIED PLASTICS COMPANY, INC.,

Defendant.

ORDER Before the Court is Defendants' Motion to Dismiss Counts VII, XIV, and XIX of the Intervenor Complaint (Doc. No. 12, filed April 14, 2003); Intervenor Plaintiffs have not responded. The counts in question are claims for intentional infliction of emotional distress by the three intervenors. Each claim alleges that Defendant Uhrie engaged in or threatened numerous intentional acts ofphysical force or touching, including hugging, kissing, following, detaining, and intimidating. However, count XIX alleges only hugging and intimidation. The claims also allege that these actions caused "irreparable injury" to Plaintiffs. Standard for Motion to Dismiss In deciding a motion to dismiss, the district court is required to view the complaint in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232 (1974). A complaint should not be dismissed for failure to state a cause of action "unless it appears beyond doubt that the Plaintiffcan prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41,45-46 (1957); Bank v. Pitt, 928 F.2d 1108, 1112 (lIth Cir. 1991). The Federal Rules of Civil Procedure "do not require a claimant to set out in detail the facts

upon which he bases his claim." Conley, 355 U.S. at 47. All that is required is "a short and plain statement of the claim." Fed. R. Civ. P. 8(a)(2). The Federal Rules have adopted this "simplified pleading" approach because of "the liberal opportunity for discovery and other pretrial procedures ... to disclose more precisely the basis of both claim and defense ...." Id. at 48. The purpose of notice pleading is to reach a decision on the merits and to avoid turning pleading into "a game of skill in which one misstep by counsel may be decisive to the outcome." Id. Analysis
To state a cause ofaction for the tort of intentional infliction ofemotional distress, Plaintiffs must show: 1) deliberate or reckless infliction of mental suffering, 2) by outrageous conduct, 3) which conduct must have caused the suffering, and 4) the suffering must have been severe. Ball v. Helig-Meyers Furniture Co., 35 F. Supp2d 1371, 1376 (M.D. Fla. 1999); Dominguez v. Eguitable Life Assurance Society, 438 So.2d 58, 59 (Fla. 3d DCA 1983). Florida courts have adopted the Restatement (Second) ofTorts §46 definition ofoutrageous and require that the conduct "go beyond all possible bounds of decency ... and [be] utterly intolerable in a civilized community." Metropolitan Life Ins. Co. v. McCarson, 467 So. 2d 277, 278 (Fla. 1985). Defendants assert that Plaintiffs' allegations are not sufficiently outrageous to state a cause of action.
Whether conduct is sufficiently outrageous to state a claim for intentional infliction of emotional distress is a matter oflaw for the court. Baker v. Florida Nat'I Bank, 559 So. 2d 284, 287 (Fla 4th DCA 1990). At first blush, Defendants' alleged actions appear outrageous and intolerable. However case law makes clear that Florida sets a high standard for outrageous conduct. See Ball, 35 F.Supp 2d at 1376 (defendant rubbed penis across plaintiffs posterior, squeezed plaintiffs posterior, attempted to touch plaintiffs breasts, and made vulgar and suggestive comments to
2

plaintiff, but conduct was not outrageous); Blount v. Sterling Healthcare Group, Inc., 934 F.Supp 1365,1371 (S.D. Fla. 1996) (finding that "tight" hugging, rubbing breast with ann, massaging back of head, and verbal harassment was not outrageous); Howry v. Nisus, Inc., 910 F.Supp 576, 580 (M.D. Fla. 1995) (requiring plaintiff to listen to explicit telephone conversations, commenting on size of penis, presenting a suggestive doll, and physically touching himself and plaintiff in a suggestive way was not outrageous); Hare v. Citrus World Inc., 39 F. Supp 2d 1365, 1367 (M.D. Fla. 1999) (inappropriate sexual comments, i.e., "give me some ass," rubbing anns, blowing kisses, and grabbing by the waist and performing a "humping motion" was not outrageous); but see Johnson v. Thigpen, 788 So. 2d 410,412,414 (Fla. 1st DCA 2001) (finding vulgar comments and suggestions centered on oral sex, unwelcome touching of breasts, running of a pencil up her thigh, and placing her hand on his crotch constituted outrageous conduct); Stockett v. Tolin, 791 F. Supp 1536, 1556 (S.D. Fla. 1992) (finding that repeated and relentless grabbing and touching of plaintiffs private body parts, repeated kissing, bodily attacks, and verbal licentiousness did not constitute outrageous conduct); Urguiola v. Linen Supermarket. Inc., 1995 WL 266582, *4 (M.D. Fla. 1995) (holding that numerous incidents of kissing, grouping, and attempted rape coupled with constant usual of vulgar and sexually explicit language sufficiently outrageous).
While it is clear that purely verbal harassment is not sufficiently outrageous, no formula or pattern for conduct involving both verbal and physical harassment develops from the case law. Although the Court finds the alleged behavior objectionable, the Court finds that, as pleaded, the behavior, which includes hugging, kissing, following, detaining, and intimidating, does not rise to
3

the level of outrageousness as outlined by case lawl . Accordingly, Defendants' Motion is GRANTED, and counts VII, XIV, and XIX of the intervenor complaint are DISMISSED WITHOUT PREJUDICE.
DONE AND ORDERED at Jacksonville, Florida, this .l3!£aay of May, 2003.
Copies to: Carla Von Greiff, Esq Delner-Franklin Thomas, Esq. Deborah L. Greene, Esq. Amy H. Reisinger, Esq.
1 While not briefed by either party, it also appears that the complaint fails to allege that the damage was severe as required by Florida law.
4

Date Printed: 05/14/2003

F I L E COP Y

Notice sent to:

Nicholas M. Inzeo, Esq. Equal Employment Opportunity Commission
Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office
One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

M. Teresa Rodriguez, Esq. Equal Employment Opportunity Commission
Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower
2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131

Carla J. Von Greiff, Esq. Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Suite 1020 Tampa, FL 33602

William Henry Andrews, Esq. Coffman, Coleman, Andrews & Grogan, 800 W. Monroe St.
P.O. Box 40089
Jacksonville, FL 32203

P.A.

Amy Heather Reisinger, Esq. Coffman, Coleman, Andrews & Grogan,
800 W. Monroe St.
P.O. Box 40089 Jacksonville, FL 32203

P.A.

Heather A. Owen, Esq. Coffman, Coleman, Andrews 800 W. Monroe St. P.O. Box 40089 Jacksonville, FL 32203

& Grogan,

P.A.

Deborah Lynne Greene, Esq. Bartlett, Heekin, Smith & Greene, P.A. P.O. Box 477
Jacksonville, FL 32201

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

UNITED STATES EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION,

.

1_

Plaintiff, and

CHERYL WILLIAMS, CHRISTINE WILLIAMS, LEE DODD, and DONNA SIGNORILE

Plaintiff Intervenors,

v.

Case No.: 3:02-cv-91O-J-20HTS

ALLIED PLASTICS COMPANY, INC.,

Defendant.

CHERYL WILLIAMS, CHRISTINE WILLIAMS, LEE DODD, and DONNA SIGNORILE
Plaintiffs, v. RICK UHRIE,
Defendant

; • _ _ ~ , :..... J, ~

, :,

ORDER Before the Court is Defendants' Renewed Motion to Disqualify the Equal Employment Opportunity Commission (EEOC) (Doc. No. 26, filed October 2, 2003) and Plaintiff EEOC's Response and Request for Clarification (Doc. No. 29, filed October 17,2003). Defendants again seek to disqualify the EEOC based on the EEOC's discovery of confidential attorney-client information when interviewing Teresa Williams, a former employee of Defendant Allied Plastics.

~\

In an Order (Doc. No. 24 September 8,2003), the Court denied Defendants' original motion for disqualification of the EEOC, having found that the balancing of public suspicion and social interest favors not disqualifying the EEOC. The Court reached the conclusion in part, because the EEOC was not bringing a retaliation claim and thus the attorney-client information would not assist the EEOC. Plaintiff now asserts that the privileged information is assisting the EEOC, and accordingly, the balance has shifted. The Court disagrees.
Defendants assert that the privileged information assists the EEOC in bringing "retaliation like claims" and using the alleged retaliation in the sexual harassment claim. The EEOC has not gained and will not gain an evidentiary advantage from the gathering ofthe privileged information, and despite Defendants' assertions, the EEOC also has not gained any strategical or tactical advantage from the information. A review ofthe notes from the interview of the former employee, whose statements contain confidential information, reveals several non-privileged statements that indicate the possibility of retaliation. For instance, the former employee stated that the managers wanted her to observe the intervenor plaintiffs' "little irritating things that had nothing to do with their performance." Also she was told to spy and monitor the intervenor plaintiffs. The confidential information does not provide the EEOC with a theory or strategy that it did not previously have or would have gathered from non-privileged sources.
As the balancing of public suspicion and social interest has not changed, Defendants' Motion is DENIED.
The EEOC's request for clarification of any limits on discovery imposed by the Order of September 8,2003 is DENIED WITHOUT PREJUDICE. The Court is unaware ofany limits on discovery imposed by that Order and is thus unable to clarify.
2

Related to the Motion to Disqualify are Defendants' Motion to Stay Discovery (Doc. No. 25, filed October 2, 2003), Defendants' Motion for Entry ofProtective Order (Doc. No. 27, filed October 17,2003), and PlaintiffEEOC's Response in Opposition to Defendants' Motion to Stay Discovery (Doc. No. 28, filed October 17, 2003). As Defendants' Motions are predicated on the Motion to Disqualify, which has been denied, Defendants' Motion to Stay and Motion for Entry ofProtective Order are DENIED as MOOT.
DONE AND ENTERED at Jacksonville, Florida, this ff'day of
Copies to: Carla Von Greiff, Esq Delner-Franklin Thomas, Esq. Deborah L. Greene, Esq. Amy H. Reisinger, Esq. Law Clerk (HTS)
3

Date Printed: 11/05/2003

F I L E COP Y

Notice sent to:
Nicholas M. Inzeo, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
3:02-cv-00910 pwd
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
3:02-cv-00910 pwd
Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
3:02-cv-00910 pwd
M. Teresa Rodriguez, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
3:02-cv-00910 pwd
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
3:02-cv-00910 pwd
Carla J. Von Greiff, Esq. Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Suite 1020 Tampa, FL 33602

3:02-cv-00910 pwd

William Henry Andrews, Esq. Coffman, Coleman, Andrews & Grogan, 800 W. Monroe St. P.O. Box 40089 Jacksonville, FL 32203

P.A.

3:02-cv-00910 pwd

Amy Heather Reisinger, Esq. Coffman, Coleman, Andrews & Grogan, 800 W. Monroe St. P.O. Box 40089 Jacksonville, FL 32203

P.A.

3:02-cv-00910 pwd

Heather A. Owen, Esq. Coffman, Coleman, Andrews 800 W. Monroe St. P.O. Box 40089 Jacksonville, FL 32203

& Grogan,

P.A.

3:02-cv-00910 pwd

Deborah Lynne Greene, Esq. Bartlett, Heekin, Smith, Greene One Independent Dr./ Suite 2200 P.O. Box 477 Jacksonville, FL 32201

& Malin,

P.A.

3:02-cv-00910 pwd

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

"f--' 2b P 00 l·V""',· ...'~r::;~.

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UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and CHERYL WILLIAMS, CHRISTINE WILLIAMS, LEE DODD and DONNA SIGNORILE,
Plaintiff Intervenors,
v.
ALLIED PLASTICS COMPANY, INC., Defendant.
CHERYL WILLIAMS, CHRISTINE WILLIAMS, LEE DODD and DONNA SIGNORILE,
Plaintiffs,

RICK UHRIE,

Defendant.

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C' ,II LED
5 2004"

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CLERK, u. S. DISTRICT COURT

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MIDDLE DISTRtCT OF FLORIDA

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JACKSONVllLF.. FLORIDA

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CIVIL ACTION NO.

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3:02-CV-910-J-20HTS

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CONSENT DECREE

1. This Consent Decree is entered into by and between Plaintiff, the United States Equal

Employment Opportunity Commission (hereinafter referred to as the "Commission" or

SCANNED

"EEOC"), Plaintiff-Intervenors, Cheryl Williams, Christine Williams, Lee Dodd and Donna

Signorile (hereinafter referred to collectively as "Plaintiff-Intervenors") and the Defendants,

Allied Plastics Company, Inc., (hereinafter referred to as "Allied Plastics") and Rick Uhrie

(hereinafter referred to as "Mr. Uhrie") (hereinafter referred to collectively as "Defendants").

The Commission, Plaintiff-Intervenors, and Defendants are collectively referred to as the

"Parties".

2.

The Commission filed this action on September 27,2002 under Title vn ofthe Civil Rights

Act of 1964 ("Title Vn") and Title I of the Civil Rights Act of 1991 to correct alleged

unlawful employment practices on the basis ofsex (female), and to provide appropriate relief

to Lee Dodd, Donna SignoriIe, Cheryl Williams, Christine Williams, and any other similarly

situated individuals who were adversely affected by such practices.

3. The Court granted Plaintiff-Intervenors' Motion to Intervene in the above-styled case.
Plaintiff-Intervenors' Complaint alleged that Defendants violated Title vn of the Civil

Rights Act of 1964,42 U.S.C. Section 2000(e) et seq. ("Title VII"), Title I ofthe Civil Rights

Act of 1991, and the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat. §760.

4. Defendants deny the allegations brought by the EEOC and the Plaintiff-Interveners as alleged

in the Complaints filed in this civil action and make no admission ofliabilityby entering into

this Consent Decree.

S. In the interest of resolving this matter, to avoid the costs of litigation, and as a result of

having engaged in comprehensive settlement negotiations, the Parties have agreed that this

action should be finally resolved by the entry ofthis Decree. This Decree is final and binding

upon the Parties, their successors and assigns.

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6. The parties agree that this Decree resolves all the claims against Defendants alleged in EEOC charge numbers 15E Al 0276, 15E Al 0288, 150 Al 2621, 150 Al 2613 and civil action number 3:02-CV-910-J-20HTS. The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with the EEOC other than the charges referred to in this paragraph. This Decree constitutes a complete resolution of all claims under Title VII that were made by the Commission and Plaintiff-Interveners in this action.
NOW, THEREFORE, the Court having carefully examined the terms and provisions ofthis Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
I. JURISDICTION 7. This court has jurisdiction of the subject matter of this action and over the Parties for the
purposes of entering and enforcing this Decree. 8. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its
terms or the right ofthe EEOC to bring an enforcement suit upon breach ofany terms ofthis Decree.
II. GENERAL PROVISIONS AND INJUNCTIVE RELIEF 9. The Defendants, their officers, managers, employees, agents, partners and assigns, are
enjoined from engaging in any conduct which violates Title VII by adversely affecting the terms and conditions ofany individual's employment because of their sex. 10. Defendants, their officers, managers, employees, agents, partners and assigns, shall not discriminate against any individual who opposes any of Defendants' practices which the
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employee believes to be unlawful employment discrimination, who files a charge of discrimination with the EEOC alleging violations ofthe Statutes the Commission enforces;
who cooperates with the EEOC in investigation and lor prosecution of any charge of
discrimination; or who cooperated in the investigation or who offered testimony or infonnation in the above styled litigation which resulted in this Consent Decree.
III. DEVELOPMENT OF POLICES AND TRAINING 11. Allied Plastics has established a written sexual harassment policy which is attached hereto
as Exhibit A. A complete copy ofthis policy will be distributed to all its current employees at its facility in Jacksonville, Florida within thirty (30) days of the entry of this Decree. Allied Plastics further agrees that all new employees will be provided a copy of the policy within one week ofemployment. 12. In order to further ensure the effective implementation ofAllied Plastics' anti-discrimination policies, Defendant Allied Plastics Company, Inc. will conduct a four ( 4) h our annual training throughout the duration of this Decree for all of its managers and supervisory personnel at its Jacksonville, Florida facility, with specific emphasis on recognizing sexual harassment and the proper procedure to be followed if they become aware of sexual harassment in the workplace and/or if they receive a complaint of such harassment. Allied Plastics agrees to provide the EEOC with at least two (2) weeks notice before they conduct their training session(s), with the date(s) and location(s) ofthe training, the identification of the training materials to be used at the training session, and the name and job title of the employees who will be in attendance at the training. The training will be conducted by the law firm of Coffinan, Coleman, Andrews & Grogan, P.A. Additionally, Allied Plastics
4

agrees that the EEOC may, at the EEOC's discretion, be in attendance at each training session(s). 13. Allied Plastics agrees that the training described in paragraph 12 shall be conducted within sixty (60) days of the entry of this Decree, and should thereafter take place annually in the same fonnat for the duration ofthis Decree. Defendant Allied Plastics Company, Inc. further agrees that the sexual harassment policy and training materials utilized for the training described in paragraph 12 shall be presented to and explained to all new managers and supervisors, who did not attend the annual training by the trainers identified in Paragraph 12, within thirty (30) days ofbeing placed in a management or supervisory position.
IV. POSTING 14. Defendant Allied Plastics Company, Inc. shall post a laminated 11x17 size copy ofthe notice
attached hereto as Exhibit B within seven (7) days ofthe entering ofthis Decree. Said notice shall be posted in conspicuous locations accessible to all employees (i.e. break room, employee bulletin board, cafeteria, above water fountains, etc.). This notice is to remain posted for the term ofthis Decree.
V. REPORTING AND MONITORING 15. Allied Plastics will retain all employment records relating in any way to any complaint of
sexual harassment or sex discrimination made to a supervisor, manager or human resource officer and to any investigation ofsexual harassment at Allied Plastics' Jacksonville, Florida facility for the duration of this Decree and as required by federal law. 16. For the duration ofthis Decree, Allied Plastics will provide the EEOC every six (6) months with the name, last known address and last known phone number of any person employed
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at Defendant Allied Plastics' Jacksonville location who has complained to his or her Manager/Supervisor, Human Resources Department, or the President that he or she has been subjected to sexual harassment while working at Defendant's Jacksonville location during the preceding six (6) months. Defendant Allied Plastics Company, Inc. will also state its actions taken in response to each such allegation. The first report shall be submitted no later than September 30,2004. Allied Plastics will provide upon request by the Commission (a) a copy of the complaint, or if no written complaint was filed, a statement describing the nature of the complaint; (b) a statement describing the actions taken; and (c) outcome regarding such complaint. 17. Allied Plastics will certify to the EEOC annually throughout the duration ofthis Decree that it is in compliance with all aspects ofthis Decree. The first such certification will be due no later than September 30, 2004, and thereafter annually on September 30th throughout the duration of this Decree. 18. Allied Plastics will appoint one individual who shall be responsible for coordinating its compliance with this Consent Decree and for providing reports to the EEOC. This person shall be appointed and the EEOC notified ofhis or her identity within fifteen (15) days ofthe Court's approval ofthis Consent Decree. All reports and documents required to be delivered by Defendant Allied Plastics Company, Inc. to the EEOC pursuant to this Consent Decree shall be mailed to: United States Equal Employment Opportunity Commission, Attention: Office of the Regional Attorney, 1 Biscayne Tower Building Suite 2700, 2 South Biscayne Blvd, Miami, FL 33131.
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.../'
VI. MONETARY RELIEF 18. Allied Plastics shall pay a lump sum in the amount of two hundred thousand dollars
($200,000) in resolution of this litigation. The monies shall be distributed as set forth in Exhibit C attached herein. 19. IfDefendant Allied Plastics Company, Inc. fails to tender the above-mentioned payments as set forth in Exhibit C, then Allied Plastics shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621 (b) until the same is paid, and bear any additional costs incurred by the EEOC caused by Defendant's non-compliance.
VII. ENFORCEMENT 20. The Commission shall have independent authority to seek judicial enforcement of each
aspect, term, provision and attachment of this Decree. 21. The court will take whatever measures necessary to effectuate the terms of this Decree.
VIII. COSTS 22. Costs and attorney's fees associated with this litigation from the monetary reliefprovided in
this Decree shall be paid in accordance with Exhibit C. IX. DURATION OF CONSENT DECREE
23. The duration of this Decree shall be three (3) years from the date of entry of the Decree.
SO ORDERED ADJUDGED AND DECREED, this ~dayof41iv2004.
E GER STATES DISTRICT JUDGE
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AGREED TO:

FOR THE PLAINTIFF,

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

by: J)~a~~

Date: Lf-11- 0 l{

Delner Franklin-Thomas

Regional Attorney

U.S. Equal Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO: FOR THE PLAINTIFF-INTERVENORS CHERYL WILLIAMS, CHRISTINE WILLIAMS, LEE DODD, and DONNA SIGNORILE

by: Deborah L. Greene, Esquire Smith & Greene, P.A. 550 West Water Street, Suite 1150 Jacksonville, Florida 32202
AGREED TO: FOR THE DEFENDANTS ALLIED LASTICS COMP RICK '-' ...L<'-'-LJ
by: illiam H. Andrews, Esquire
Coffman, Coleman, Andrews & Grogan, P.A. 800 West Monroe Street Jacksonville, Florida 32203

Date:
Date: J;'fJr

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EXHIBIT A
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HARASSMENT POLICY AND COMPLAINT PROCEDURE

I.

STATEMENT OF POLICY

Allied Plastics Co., Inc. is committed to a collegial work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual and other forms of unlawful harassment. Therefore, the Company expects that all relationships among persons in the office be businesslike and free of bias, prejudice and harassment. In keeping with this commitment, the Company maintains a strict policy prohibiting harassment of employees based on race, color, sex, religion, national origin, age, handicap or other protected status by other employees, vendors, contractors, or guests.

II. SEXUAL HARASSMENT
Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined in the Equal Employment Opportunity Commission's Guidelines as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature when, for example: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to the following if they are unwelcome to any employee exposed to the behavior: unwanted sexual advances; subtle or overt pressure for sexual favors; sexual jokes; innuendoes; advances or propositions; verbal abuse of a sexual nature; graphic commentary about an individual's body, sexual prowess or sexual deficiencies; leering, whistling, touching, pinching, assault, coerced sexual acts, or suggestive, insulting or obscene comments or gestures; display in the workplace of sexual suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature.
This kind of behavior is unacceptable at the workplace and in any work-related setting outside the workplace such as during business trips and business-related social events.
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It is also essential to understand that consenting romantic and sexual relationships between managers or supervisors in senior or supervisory positions and less senior- or lower-level employees, or between co-workers, may lead to unforeseen complications. The respect and trust accorded a more senior/supervisory person by a lower-level employee, as well as the position of the senior person to evaluate or otherwise supervise the lower-level person, could diminish the extent to which the lower-level employee feels free to choose whether or not to engage in such relationships. It is not the Company's intention to attempt to legislate social behavior within the Company. We do, however, recognize that encouraging and developing close social relationships, including dating, with employees makes any supervisor's job more difficult. Because of this, supervisors should refrain from dating and developing close social relationships with employees under their supervision. Furthermore, if a supervisor develops a romantic relationship with a subordinate employee, the supervisor should bring it to the attention of the Personnel and Safety Director or the Plant Superintendent so that the Company can confirm that the relationship is consensual.
III. INDIVIDUALS COVERED UNDER THE POLICY
This policy applies to all applicants and employees whether related to conduct engaged in by fellow employees, supervisors, managers, or someone not directly connected to the Company (e.g., an outside vendor, consultant, client.)
IV. REPORTING AN INCIDENT OF HARASSMENT
The Company encourages reporting all perceived incidents of harassment, regardless of the offender's identity or position. Individuals who believe they have been the victim of harassment should discuss their concerns with the Personnel and Safety Director or the Plant Superintendent. If you feel more comfortable, you may speak about your concern directly with either Materials Manager Dannie Averitt or Controller David McCreary.
V. COMPLAINT PROCEDURE
The Company strongly encourages individuals who believe they are being harassed to promptly notify the offender that his or her behavior is unwelcome. Notifying the offender, however, is not a required first step. If, for any reason, an individual does not wish to confront the offender directly, such a confrontation does not successfully end the harassment, or if the offender retaliates against the individual, the individual has an obligation to notify the Personnel and Safety Director or the Plant
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Superintendent. If you feel more comfortable, you may notify either Materials Manager Dannie Averitt or Controller David McCreary.

1.

Notification of Appropriate Staff

As noted above, individuals who believe they have been the victim of harassment or believe they have witnessed harassment should discuss their concerns with either the Personnel and Safety Director or the Plant Superintendent or, if for some reason you do not feel comfortable notifying these individuals, you may speak directly with either Materials Manager Dannie Averitt or Controller David McCreary. If you receive information regarding sexual harassment in your capacity as a supervisor, you are obligated to report it immediately to the Personnel and Safety Director or the Plant Superintendent.

2. Timeliness in Reporting Harassment

The Company encourages the prompt reporting of complaints or concerns so that rapid and constructive action can be taken. Therefore, while no fixed reporting period had been established, early reporting and intervention has proven to be the most effective method of resolving actual or perceived incidents of harassment.

3. Investigatory Process

Any reported allegations of harassment will be investigated promptly. The investigation may include individual interviews with the complaining employee, the offender involved and, where necessary, with individuals who may have observed the alleged conduct or may have relevant knowledge. The complaint and investigation will be handled with sensitivity, and, to the extent practical and appropriate under the circumstances, confidentiality will be maintained throughout the investigatory process.

4. Protection Against Retaliation

The Company will not tolerate retaliation against an individual for reporting harassment or assisting in providing information relevant to a claim of sexual harassment. Retaliation is a serious violation of this policy and will be treated with the same strict discipline as would the harassment itself. Acts of retaliation should be reported immediately in accordance with the Complaint Procedure outlined above and will be promptly investigated.

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5. Responsive Action
Misconduct constituting harassment will be dealt with appropriately. Responsive action may include, for example, training, referral to counseling, and disciplinary actions such as warnings, reprimands, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, compensation adjustments, or termination, as the Company may believe appropriate under the circumstances.
6. Appeals Process
If the party to a complaint does not agree with this resolution, that party may file a written appeal to President, Greg Berger.
7. False Complaints
False and malicious complaints of harassment, as opposed to complaints which, even if erroneous, are made in good faith, may be subject of appropriate disciplinary action.

I have read and understand Allied Plastics Co., Inc.'s Harassment Policy and Complaint Procedure and agree to abide by these policies and procedures and to conduct myself in a business-like and non-harassing manner in all my dealings with employees at Allied Plastics Co., Inc.

Date

Signature

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EXHIBITB
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AND ALLIED PLASTICS COMPANY, INC.
This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC vs. Allied Plastics Company, Inc., Civil Action No. 3:02-CV-J-20HTS. Allied Plastics Company, Inc. has adopted a policy that prohibits discrimination against employees based on sex in violation of
Title Vll of the Civil Rights Act of 1964 ("Title Vll"). Title vn protects individuals from
employment discrimination because of their race religion, color, national origin, or sex. Title Vll also protects individuals from retaliation for having complained ofan unlawful employment practice. Allied Plastics Company, Inc. will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, sexual harassment.
Appropriate corrective action, up to and including termination, based upon the circumstances involved, shall be taken against any employee (including management personnel) found to have violated Allied Plastics Company, Inc.'s policy prohibiting discrimination.
This notice shall remain posted for three (3) years from the date Decree entered. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law maytelephone Allied Plastics' Human Relations Department at (904) 359-0386 or the Miami District Office ofthe Equal Employment Opportunity Commission at 1-800669-4000.
Signed this _ _ day of_ _ _ _-', 2004.
PRESIDENT/CEO, Allied Plastics Company, Inc.
DO NOT REMOVE BEFORE _ _ _ _ _,' 2007.

EXHIBITC
STATEMENT OF DISTRIBUTION FOR TWO HUNDRED THOUSAND DOLLAR ($200,000)
MONETARY RELIEF Allied Plastics shall pay a lump sum in the amount of two hundred thousand dollars ($200,000) in resolution of this litigation. The monies shall be distributed as set forth below. 1. Eighty-two thousand, two hundred twenty-six dollars and thirty-seven cents
($82,226.37) made payable to the law firm of Smith & Greene, P.A., representing eighty thousand dollars ($80,000) in attorney's fees and two thousand two hundred and twenty-six dollars and thirty-seven cents ($2,226.37) in costs for all PlaintiffIntervenors. The check shall bemailedtoSmith&Greene.P.A.at 550 West Water Street, Suite 1150, Jacksonville, Florida 32202. Allied Plastics may issue a 1099 statement to the law finn of Smith & Greene, P.A. reflecting the eighty thousand dollar ($80,000) payment for fees. 2. Forty-one thousand, seven hundred six dollars and ten cents ($41,706.10) made payable to Christine Williams representing a compromise of Christine Williams' claims for non-wage compensatory and punitive damages made pursuant to Title VII ofthe Civil Rights Act of 1964, the Florida Civil Rights Act, and all other claims by Christine Williams which claims are disputed. Allied Plastics shall issue the check in the amount of forty-one thousand, seven hundred six dollars and ten cents ($41,706.10) to Christine Williams. The check shall be mailed to Smith & Greene, P.A. at 550 West Water Street, Suite 1150, Jacksonville, Florida 32202. Allied Plastics may only issue a 1099 statement to Christine Williams for this amount. 3. Forty thousand, eighty-eight dollars and seventy cents ($40,088.70) made payable to

Cheryl Williams representing a compromise of Cheryl Williams' claims for non-
wage compensatory and punitive damages made pursuant to Title vn of the Civil
Rights Act of 1964, the Florida Civil Rights Act, and all other claims by Cheryl Williams which claims are disputed. Allied Plastics shall issue the check in the amount of forty thousand, eighty-eight dollars and seventy cents ($40,088.70) to Cheryl Williams. The check shall bemailedtoSmith&Greene.P.A.at 550 West Water Street, Suite 1150, Jacksonville, Florida 32202. Allied Plastics may only issue a 1099 statement to Cheryl Williams for this amount. 4. Seventeen thousand, nine hundred eighty-nine dollars and ten cents ($17,989.10) made payable to Donna Signorile representing a compromise of Ms. Signorile's claims for non-wage compensatory and punitive damages made pursuant to Title VII ofthe Civil Rights Act of 1964, the Florida Civil Rights Act, and all other claims by Ms. Signorile which claims are disputed. Allied Plastics shall issue the check in the amount of seventeen thousand, nine hundred eighty-nine dollars and ten cents ($17,989.10) to Donna SignoriIe. The check shall be mailed to Smith & Greene, P.A. at 550 West Water Street, Suite 1150, Jacksonville, Florida 32202. Allied Plastics may only issue a 1099 statement to Donna Signorile for this amount. 5. Seventeen thousand, nine hundred eighty-nine dollars and seventy-three ($17,989.73) made payable to Lee Dodd representing a compromise ofMs. Dodd's claims for nonwage compensatory and punitive damages made pursuant to Title VII of the Civil Rights Act of 1964, the Florida Civil Rights Act, and all other claims by Ms. Dodd which claims are disputed. Allied Plastics shall issue the check in the amount of seventeen thousand, nine hundred eighty-nine dollars and seventy-three ($17,989.73)

to Lee Dodd. The check shall bemailedtoSmith&Greene.P.A.at 550 West Water Street, Suite 1150, Jacksonville, Florida 32202. Allied Plastics may only issue a 1099 statement to Lee Dodd for this amount. 6. All payments referenced in paragraphs 1-5 above shall issue within ten (10) calendar days from the Court's execution of this Decree, by certified mail in the name of: "Smith & Greene, P.A.", "Ms. Christine Williams", "Ms. Cheryl Williams", "Ms. Donna Signorile", and "Ms. Lee Dodd" and forwarded to Smith & Greene, P.A. at 550 West Water Street, Suite 1150, Jacksonville, Florida 32202. Copies shall be forwarded to the attention ofCheryl Cooper, Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

EILED
.~ ~.,> I.MAY 5 2004
CLERK, u. S. DISTRICT COURT
MIDDLE DISTRICT OF FLOfliOA
JACKSONVILl.t, rI ~t?m_

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and CHERYL WILLIAMS, CHRISTINE WILLIAMS, LEE DODD and DONNA SIGNORILE,
Plaintiff Intervenors,
v.
ALLIED PLASTICS COMPANY, INC., Defendant.
CHERYL WILLIAMS, CHRISTINE WILLIAMS, LEE DODD and DONNA SIGNORILE,
Plaintiffs,

RICK UHRIE,

Defendant.

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CIVIL ACTION NO.

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3:02-CV-910-J-20HTS

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ORDER ADOPTING CONSENT DECREE
AND ORDER OF DISMISSAL

This matter is before the Court on the Consent Decree executed by all parties to this action

and filed on April 26, 2004. The Court having reviewed the record, and being otherwise fully

advised in the premises, it is hereby

SCANNED

ORDERED AND ADJUDGED that the Consent Decree is hereby ADOPTED in its entirety.

It is further

ORDERED AND ADJUDGED that this action is DISMISSED WITH PREJUDICE. The

court will retain jurisdiction for the limited purpose of the enforcement of the Consent Decree,

should enforcement become necessary. It is further

ORDERED AND ADJUDGED that this case is CLOSED. All motions not otherwise ruled

upon are DENIED AS MOOT.

DONE AND ORDERED in chambers at Jacksonville, Florida, this ~ day of

I t .." I

2004.

Delner Franklin-Thomas, Esq. (Via facsimile 305/536-4494) Deborah L. Greene, Esq. (Via facsimile 904/359-5506) William H. Andrews, Esq. (Via facsimile 904/387-9340)

Date Printed: 05/06/2004

F I L E COP Y

Notice sent to:
~ Nicholas M. Inzeo, Esq.
Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
3:02-cv-00910 pwd
~ Delner Franklin-Thomas, Esq.
Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
3:02-cv-00910 pwd
Michael J. Farrell, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
3:02-cv-00910 pwd
M. Teresa Rodriguez, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
3:02-cv-00910 pwd
~ Gwendolyn Y. Reams, Esq.
Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
3:02-cv-00910 pwd
Cheryl A. Cooper, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700

Miami, FL 33131

3:02-cv-00910 pwd
~ William Henry Andrews, Esq.
--- Coffman, Coleman, Andrews & Grogan, 800 W. Monroe St. P.O. Box 40089 Jacksonville, FL 32203

P.A.

3:02-cv-00910 pwd
~ Amy Heather Reisinger, Esq.
Coffman, Coleman, Andrews & Grogan, P.A. 800 W. Monroe St. P.O. Box 40089 Jacksonville, FL 32203

3:02-cv-00910 pwd

Heather A. Owen, Esq. Coffman, Coleman, Andrews 800 W. Monroe St. P.O. Box 40089 Jacksonville, FL 32203

& Grogan,

P.A.

3:02-cv-00910 pwd
~ Deborah Lynne Greene, Esq.
Smith & Greene, P.A. 550 W. Water St., Suite 1150 Jacksonville, FL 32202

3:02-cv-00910 pwd

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?425565402826876-L_3...
CLOSED, HTS, MOTREF
U.S. District Court Middle District of Florida (Jacksonville) CIVIL DOCKET FOR CASE #: 3:02-cv-00910-HES

United States Equal v. Allied Plastics Co., et al Assigned to: Judge Harvey E. Schlesinger Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff United States Equal Employment Opportunity Commission

Date Filed: 09/27/2002 Date Terminated: 05/05/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Carla Johanna Von Greiff Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Ste. 1000 Tampa, FL 33602 813/202-7903 Fax: 813/228-2045 Email: carla.vongreiff@eeoc.gov TERMINATED: 11/18/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cheryl A. Cooper Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/808-1853 Fax: 305/808-1835 Email: cheryl.cooper@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

M. Teresa Rodriguez Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 Fax: 305/536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Allied Plastics Co., Inc.
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Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklin-thomas@eeoc.gov ATTORNEY TO BE NOTICED
Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED
Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net ATTORNEY TO BE NOTICED
Nicholas M. Inzeo Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED
represented by Amy Reisinger Harrison Ford & Harrison, LLP 225 Water St - Ste 710 PO Box 41566 Jacksonville, FL 32203-1566 904/357-2000
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Intervenor Plaintiff Cheryl Williams
Intervenor Plaintiff Christine Williams
Intervenor Plaintiff Lee Dodd Ms. Dodd

Fax: 904/357-2001 Email: aharrison@fordharrison.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heather A. Owen Coffman, Coleman, Andrews & Grogan, PA 800 W Monroe St PO Box 40089 Jacksonville, FL 32203-0089 904/389-5161 Fax: 904/387-9340 Email: howen@ccaglaborlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Henry Andrews Coffman, Coleman, Andrews & Grogan, PA 800 W Monroe St PO Box 40089 Jacksonville, FL 32203-0089 904/389-5161 Fax: 904/387-9340 Email: wandrews@ccaglaborlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deborah Lynne Greene Smith & Greene, P.A. 550 W. Water St., Suite 1150 Jacksonville, FL 32202 904/359-5505 Fax: 904-359-5506 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deborah Lynne Greene (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deborah Lynne Greene (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff Donna Signorile Mrs. Signorile V. Defendant Rick Uhrie
Intervenor Defendant Allied Plastics Co., Inc.
Intervenor Defendant Rick Uhrie

represented by Deborah Lynne Greene (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Amy Reisinger Harrison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heather A. Owen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Henry Andrews (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Amy Reisinger Harrison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Henry Andrews (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2002 09/27/2002

#

Docket Text

1 COMPLAINT filed; jury demand (pwd) Modified on 09/30/2002 (Entered: 09/30/2002)
SUMMONS(ES) issued for Allied Plastics Co. . Consent(s) issued. (pwd) (Entered: 09/30/2002)

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09/27/2002 10/03/2002 11/08/2002 11/19/2002 11/27/2002 12/17/2002 01/06/2003
01/07/2003 02/03/2003 02/04/2003
03/18/2003 03/18/2003 04/14/2003 04/14/2003 04/14/2003 05/13/2003

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Howard T. Snyder (sms) (Entered: 11/08/2002)
2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (pwd) (Entered: 10/03/2002)
3 NOTICE of attorney appearance for United States Equal by Carla J. Von Greiff (shs) (Entered: 11/08/2002)
4 WAIVER OF SERVICE returned executed as to Allied Plastics Co. on 11/12/02 Answer due on 1/13/03 for Allied Plastics Co. (pwd) (Entered: 11/19/2002)
5 MOTION with memorandum in support to intervene and add additional defendant by Cheryl Williams, Christine Williams, Lee Dodd, Donna Signorile referred to Magistrate Judge Howard T. Snyder (pwd) (Entered: 11/29/2002)
6 ANSWER and Affirmative and other Defenses to [1-1] complaint by Allied Plastics Co. (pwd) (Entered: 12/18/2002)
7 ORDER granting [5-1] motion to intervene and add additional defendant by Cheryl Williams, Christine Williams, Lee Dodd, Donna Signorile; The Clerk of Court is directed forthwith to file the Intervenors Complaint and Demand for Jury Trial ( Signed by Magistrate Judge Howard T. Snyder ) ctc (pwd) (Entered: 01/07/2003)
8 INTERVENOR'S COMPLAINT by Cheryl Williams, Christine Williams, Lee Dodd, Donna Signorile against Allied Plastics Co., Rick Uhrie (pwd) (Entered: 01/07/2003)
9 CASE MANAGEMENT REPORT (pwd) (Entered: 02/03/2003)
10 CASE MANAGEMENT AND SCHEDULING ORDER setting dispositive motion filing deadline for 6/15/04; Pretrial conference for 9:30 10/1/04 ; Jury trial set for trial term commencing at 9:30 on 11/1/04 ; Scheduled for Judge Harvey E. Schlesinger ( signed by Deputy Clerk ) ctc (pwd) (Entered: 02/04/2003)
SUMMONS(ES) issued for Allied Plastics Co. . Consent(s) issued. (ls) (Entered: 03/19/2003)
SUMMONS(ES) issued for Rick Uhrie . Consent(s) issued. (ls) (Entered: 03/19/2003)
11 ANSWER and Affirmative Defenses by Allied Plastics Co., Rick Uhrie to [8-1] intervenor complaint (pwd) (Entered: 04/15/2003)
12 MOTION by Allied Plastics Co., Rick Uhrie to dismiss Counts VII, XIV and XIX (pwd) (Entered: 04/15/2003)
13 MEMORANDUM by Allied Plastics Co., Rick Uhrie in support of [12-1] motion to dismiss Counts VII, XIV and XIX (pwd) (Entered: 04/15/2003)
14 ORDER granting [12-1] motion to dismiss Counts VII, XIV and XIX; dismissed without prejudice ( Signed by Judge Harvey E. Schlesinger ) ctc (pwd) (Entered: 05/14/2003)

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06/19/2003 06/30/2003
07/10/2003 07/16/2003 07/16/2003 07/18/2003
07/23/2003 07/30/2003 07/30/2003 08/07/2003
09/08/2003 10/02/2003 10/02/2003 10/17/2003

15 UNOPPOSED MOTION by Allied Plastics Co., Rick Uhrie to extend expert witness disclosure deadlines ( unopposed ) (pwd) (Entered: 06/20/2003)
16 ORDER granting [15-1] consent motion to extend expert witness disclosure deadlines to the extent affirmative expert witnesses and rebuttal expert witnesses and their reports shall be disclosed and exchanged by 1/30/04 ( Signed by Magistrate Judge Howard T. Snyder ) ctc (pwd) (Entered: 07/01/2003)
17 NOTICE by Cheryl Williams, Christine Williams, Lee Dodd, Donna Signorile of unavailability of counsel from 7/24/03 to 8/13/03 (pwd) (Entered: 07/11/2003)
18 MOTION by Allied Plastics Co., Rick Uhrie with memorandum in support to disqualify Equal Employment Opprotunity Commission (pwd) (Entered: 07/17/2003)
19 MOTION by Allied Plastics Co., Rick Uhrie with memorandum in support for leave to file Exhibit "D" to Defendant's Motion to disqualify the Equal Employment Opprotunity Commission under seal (pwd) (Entered: 07/17/2003)
20 Defendant's Amended Certificate of Conferrence by Allied Plastics Co., Rick Uhrie to [19-1] motion for leave to file Exhibit "D" to Defendant's Motion to disqualify the Equal Employment Opprotunity Commission under seal (pwd) (Entered: 07/21/2003)
MOTION(S) referred: [19-1] motion for leave to file Exhibit "D" to Defendant's Motion to disqualify the Equal Employment Opprotunity Commission under seal referred to Magistrate Judge Howard T. Snyder (pwd) (Entered: 07/23/2003)
21 RESPONSE by United States Equal in opposition to [18-1] motion to disqualify Equal Employment Opprotunity Commission (pwd) (Entered: 07/30/2003)
22 MEMORANDUM by Cheryl Williams, Christine Williams, Lee Dodd, Donna Signorile in opposition to [18-1] motion to disqualify Equal Employment Opprotunity Commission (pwd) (Entered: 08/01/2003)
23 ORDER granting [19-1] motion for leave to file Exhibit "D" to Defendant's Motion to disqualify the Equal Employment Opprotunity Commission under seal the Clerk is directed to file "Exhibit 'D'" under seal ( Signed by Magistrate Judge Howard T. Snyder ) ctc (pwd) (Entered: 08/08/2003)
24 ORDER denying [18-1] motion to disqualify Equal Employment Opprotunity Commission ( Signed by Judge Harvey E. Schlesinger ) ctc (pwd) (Entered: 09/08/2003)
25 MOTION by Allied Plastics Co., Rick Uhrie with memorandum in support to stay discovery (pwd) (Entered: 10/06/2003)
26 RENEWED MOTION by Allied Plastics Co., Rick Uhrie with memorandum in support to disqualify the Equal Employment Opportunity Commission (pwd) (Entered: 10/06/2003)
27 MOTION by Allied Plastics Co. with memorandum in support for protective order referred to Magistrate Judge Howard T. Snyder (document filed in night depository box 10/17/03 at 5:10 p.m.) (pwd) Modified on 10/20/2003 (Entered: 10/20/2003)

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10/17/2003 10/17/2003 10/29/2003 11/04/2003
11/17/2003 11/18/2003 01/20/2004 02/17/2004 02/20/2004
05/05/2004 05/05/2004 05/05/2004

28 RESPONSE by United States Equal in opposition to [25-1] motion to stay discovery (pwd) (Entered: 10/20/2003)
29 RESPONSE by United States Equal in opposition to [26-1] motion to disqualify the Equal Employment Opportunity Commission (pwd) (Entered: 10/20/2003)
30 RESPONSE by United States Equal in opposition to [27-1] motion for protective order (pwd) (Entered: 10/29/2003)
31 ORDER denying [26-1] motion to disqualify the Equal Employment Opportunity Commission; denying [29-1] opposition response without prejudice; denying as moot [25-1] motion to stay discovery; denying as moot [27-1] motion for protective order ( Signed by Judge Harvey E. Schlesinger ) ctc (pwd) Modified on 11/06/2003 (Entered: 11/05/2003)
32 UNOPPOSED MOTION by United States Equal to substitute attorney (unopposed) referred to Magistrate Judge Howard T. Snyder (pwd) (Entered: 11/17/2003)
33 ORDER granting [32-1] consent motion to substitute attorney Added Cheryl A. Cooper. ( Signed by Magistrate Judge Howard T. Snyder ) ctc (pwd) (Entered: 11/19/2003)
34 NOTICE OF HEARING: Reset pretrial conference for 9:30 9/28/04 scheduled for Judge Harvey E. Schlesinger ( Signed by Deputy Clerk ) ctc (pwd) (Entered: 01/21/2004)
35 JOINT MOTION to substitute attorney referred to Magistrate Judge Howard T. Snyder (pwd) (Entered: 02/18/2004)
36 ORDER granting [35-1] joint motion to substitute attorney ; Attorney Deborah L. Greene, Esquire has changed law firms; her prior law firm is relieved from any further responsibility to represent Plaintiff; Ms. Greene, now at the Law Firm of Smith & Greene, P. A. will continue to represent Ms. Signorile herein . ( Signed by Magistrate Judge Howard T. Snyder ) ctc (pwd) Modified on 02/27/2004 (Entered: 02/24/2004)
37 CONSENT DECREE ( Signed by Judge Harvey E. Schlesinger ) (pwd) (Entered: 05/06/2004)
38 ORDER Adopting Consent Decree and Order of Dismissal; this action is DISMISSED with prejudice and this case is CLOSED ( Signed by Judge Harvey E. Schlesinger ) ctc (pwd) (Entered: 05/06/2004)
CASE CLOSED. (pwd) (Entered: 05/06/2004)

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