Case 3:06-cv-01977-JAF Document 1-1 Filed 09/29/2006 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

,-> ;:u

:3 ~"'l

,./' c: =-

r-"' , .'

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

~ ; ~~~~~.

)

CIVIL ACTION NO;::.:~:~ (. c:) cf'~'

Plaintiff, v.

)

)

)

COMPLAINT

.r:-i:.

---.
-.

." ~:-~c ---

\

)

(51

LAUSELL, INC.

)

)

JURY TRIAL DEMAND

Defendant.

)

INJUNCTIVE RELIEF SOUGHT

)

NATURE OF ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 and Title vn of

the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of disability, and to provide appropriate relief to Michael Sepulveda, who was adversely affected by such practices. As stated with greater particularity in paragraph 8 below, the Equal Opportunity Commission (hereinafter "EEOC" or "the Commission") alleges that Defendant, Lausell, Inc.

(hereinafter "Lausell"), failedto provide Michael Sepulveda, a qualified individualwith a disability, with a reasonable accommodation. The Commission further alleges that Michael Sepulveda was tenninated by Defendant because of his disability.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invokedpursuantto 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section I 07 (a) ofthe AmericansWith Disabilities Act of 1990 ("ADA"), 42 U.S.c. § 12117 (a), which incorporates by reference Section

706 (t)(1) and (3) of Title vn ofthe Civil Rights Act of1964, as amended, ("Title VIT'),42 U.S.C. § 2000e-5 (t)(I) and (3) and pursuant to § 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

Case 3:06-cv-01977-JAF Document 1-1 Filed 09/29/2006 Page 2 of 6
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Puerto Rico.
PARTIES 3. Plaintiff, the EEOC, is the agency ofthe United States of America charged with the administration, interpretation and enforcement of Title I of the ADA, and is expressly authorizedto bring this action by Section 107 (a) of the ADA, 42 US.C. § 12117 (a), which incorporates by reference Section 706 (f)(1) and (3) of Title Vll, 42 D.S.C. § 2000e-5 (f)(1) and (3) and pursuant to § 102 of the Civil Rights Act of 1991,42 US.C. § 1981A. 4. At all relevant times, Defendant Lausell has been a Puerto Rico corporation doing business in Toa Baja and Bayamon, Puerto Rico, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Lausell has continuouslybeen an employer engaged in an industry affecting commerce under Section 101 (5) ofthe ADA, 42 U.S.c. § 12111 (5), and Section 101 (7) ofthe ADA, 42 US.c. § 12111 (7), which incorporatesby reference Sections 701 (g) and (h) of Title Vll, 42 US.c. §§ 2000e (g) and (h). 6. At all relevant times, Defendant has been a covered entity under Section 101 (2) of the ADA, 42 US.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty daysprior to the institution of this lawsuit,Michael Sepulvedafiled a . charge with the Commission allegingviolations of Title I of the ADA by Defendant Lausell. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

Case 3:06-cv-01977-JAF Document 1-1 Filed 09/29/2006 Page 3 of 6
8. Since at least March 2004, Defendant Lausell has engaged in unlawful employment practices at its Bayamon, Puerto Rico, facility, in violation of Section 102 of Title I ofthe ADA, 42 D.S.C. § 12112:
a) Michael Sepulveda is an individual with a disability under the ADA in that he has juvenile insulin-dependent diabetes Type II which substantially limits him in major life activities including eating, concentrating, and thinking.
b) Michael Sepulveda requested that Defendant Lausellprovide him with a reasonable accommodation for his disability; to take breaks as necessary to ingest food or take insulin. Defendant Lausell refused to provide Mr. Sepulveda with any reasonable accommodation for his disability. As a result, Mr. Sepulveda's condition worsened.
c) Defendant Lausell terminated Mr. Sepulveda because of his disability. 9. The effect of the practices complained of in paragraph 8 above has been to deprive Michael Sepulveda of equal employment opportunities and otherwise adversely affect his status an employment because of his disability. 10. The unlawful employment practices complained of in paragraph 8 above were intentional. 11. The unlawful employmentpractices complained of in paragraph 8 above were done. with malice and/or with reckless indifferenceto the federally protected rights of Michael Sepulveda.
PRAYER FOR RELIEF Wherefore, the Commission respectfully request that this Court:
3

Case 3:06-cv-01977-JAF Document 1-1 Filed 09/29/2006 Page 4 of 6

A. Grant a pennanent injunction enjoining Defendant Lausen, its officers, successors,

assigns, and an persons in active concert or participation with it, fromrefusingto provide reasonable

accommodation to qualified individuals with disabilities, discharging qualified individuals because

of a disability, and engaging in any other employment practice which discriminates on the basis of

disability. B.

Order Defendant Lausen to institute and carry out policies, practices, and programs

which provide equal employmentopportunities for qualified individualswith disabilities,and which

eradicate the effects of its past and present unlawful employment practices.
c. Order Defendant Lausen to make whoIe Michael Sepulvedaby providing appropriate

back-pay with prejudgment interest, in amountsto be detennined at trial, and other affirmativerelief

necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Lausen to make whole Michael Sepulveda by providing

compensation for past losses resulting from the unlawful employment practices described in

paragraph 8 above including,but not limited to, out of packet losses suffered by Michael Sepulveda in amounts to be detennined at trial.

E. Order Defendant Lausen to make whole Michael Sepulveda by providing

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

complained of in paragraph 8 above, including but not limited to, emotional pain, suffering,

inconvenience, mental anguish, loss of enjoyment of life and humiliation, in amounts to be determined at trial.

4

Case 3:06-cv-01977-JAF Document 1-1 Filed 09/29/2006 Page 5 of 6 F. Order Defendant Lausell to pay punitive damages for its malicious and/or reckless conduct, as described in paragraph 8 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.
5

l
Case 3:06-cv-01977-JAF Document 1-1 Filed 09/29/2006 Page 6 of 6
Respectfully Submitted, RONALD COOPER General Counsel JAMES LEE Deputy General Counsel DELNER FRANKLIN-THOMAS Regional Attorney NORAE. CURTIN Supervis~ Trialfittorney
. '~T~ I. GOMEZ USDC-P.R. No.: 219311 EEOC Miami District Office One Biscayne Tower, Suite 2700 Two South Biscayne Blvd. Miami, FL 33131-1805 Tel: (305) 808-1783 Fax: (305)808-1835 maritza.gomez@eeoc.gov
6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

LAUSELL, INC.

)

)

Defendant.

)

________________________________________)

CIVIL ACTION NO.: 3:06-cv-1977-JAF AMENDED COMPLAINT
JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

NATURE OF ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 and Title VII of

the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of disability,

and to provide appropriate relief to Michael Sepulveda, who was adversely affected by such

practices. As stated with greater particularity in paragraph 8 below, the Equal Opportunity

Commission (hereinafter “EEOC” or “the Commission”) alleges that Defendant, Lausell, Inc.

(hereinafter “Lausell”), failed to provide Michael Sepulveda, a qualified individual with a disability,

with a reasonable accommodation. The Commission further alleges that Michael Sepulveda was

terminated by Defendant because of his disability.

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 107 (a) of the Americans With

Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12117 (a), which incorporates by reference Section

706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, (“Title VII”), 42 U.S.C.

§ 2000e-5 (f)(1) and (3) and pursuant to § 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 District of Puerto Rico.
PARTIES 3. Plaintiff, the EEOC, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA, and is expressly authorized to bring this action by Section 107 (a) of the ADA, 42 U.S.C. § 12117 (a), which incorporates by reference Section 706 (f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5 (f)(1) and (3) and pursuant to § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 4. At all relevant times, Defendant Lausell has been a Puerto Rico corporation doing business in Toa Baja and Bayamon, Puerto Rico, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Lausell has continuously been an employer engaged in an industry affecting commerce under Section 101 (5) of the ADA, 42 U.S.C. § 12111 (5), and Section 101 (7) of the ADA, 42 U.S.C. § 12111 (7), which incorporates by reference Sections 701 (g) and (h) of Title VII, 42 U.S.C. §§ 2000e (g) and (h). 6. At all relevant times, Defendant has been a covered entity under Section 101 (2) of the ADA, 42 U.S.C. § 12111 (2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Michael Sepulveda filed a charge with the Commission alleging violations of Title I of the ADA by Defendant Lausell. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

8. Since at least March 2004, Defendant Lausell has engaged in unlawful employment practices at its Bayamon, Puerto Rico, facility, in violation of Section 102 of Title I of the ADA, 42 U.S.C. § 12112:
a) Michael Sepulveda is an individual with a disability under the ADA in that he has juvenile insulin-dependent diabetes Type I which substantially limits him in major life activities including eating, concentrating, and thinking.
b) Michael Sepulveda requested that Defendant Lausell provide him with a reasonable accommodation for his disability; to take breaks as necessary to ingest food or take insulin. Defendant Lausell refused to provide Mr. Sepulveda with any reasonable accommodation for his disability. As a result, Mr. Sepulveda’s condition worsened.
c) Defendant Lausell terminated Mr. Sepulveda because of his disability. 9. The effect of the practices complained of in paragraph 8 above has been to deprive Michael Sepulveda of equal employment opportunities and otherwise adversely affect his status an employment because of his disability. 10. The unlawful employment practices complained of in paragraph 8 above were intentional. 11. The unlawful employment practices complained of in paragraph 8 above were done with malice and/or with reckless indifference to the federally protected rights of Michael Sepulveda.
PRAYER FOR RELIEF Wherefore, the Commission respectfully request that this Court:
3

A. Grant a permanent injunction enjoining Defendant Lausell, its officers, successors, assigns, and all persons in active concert or participation with it, from refusing to provide reasonable accommodation to qualified individuals with disabilities, discharging qualified individuals because of a disability, and engaging in any other employment practice which discriminates on the basis of disability.
B. Order Defendant Lausell to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Lausell to make whole Michael Sepulveda by providing appropriate back-pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Lausell to make whole Michael Sepulveda by providing compensation for past losses resulting from the unlawful employment practices described in paragraph 8 above including, but not limited to, out of packet losses suffered by Michael Sepulveda in amounts to be determined at trial.
E. Order Defendant Lausell to make whole Michael Sepulveda by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including but not limited to, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
4

F. Order Defendant Lausell to pay punitive damages for its malicious and/or reckless conduct, as described in paragraph 8 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.
5

Respectfully Submitted, RONALD S. COOPER General Counsel JAMES LEE Deputy General Counsel NORA E. CURTIN Regional Attorney s/ Carla J . Von Greiff_____ Carla Von Greiff USDC-P.R.: G00203 EEOC Tampa Field Office 501 E. Polk Street Suite 1000 Tampa, FL 33602 Tel: (813) 202-7903 Fax: (813) 228-2045 Carla.vongreiff@eeoc.gov
6

 
 IN THE UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

v. LAUSELL, INC.,

CIVIL NO.: 3 :06-cv-01977-JAF

- ~1
. , - - >~'.­ ~ _,. r~'

Defendant.

CONSENT DECREE l. This Consent Decree (the "Decree") is made and entered into by and between Plaintiff, the United States Equal Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC"), and Defendant, Lausel!, Inc. (hereinafter referred to as the "Company" or "Defendant"). The Commission and Defendant are collectively referred to herein as "the Parties." 2. On September 29, 2006, EEOC initiated this action by filing its Complaint in the United States District Court for the District of Puerto Rico based upon a charge filed by Michael Sepulveda ("Mr. Sepulveda"). EEOC's Complaint alleges that Defendant violated Title I of the Americans with Disabilities Act and Title I of the Civil Rights Act of 1991 ("the ADA") by failing to provide Mr. Sepulveda, an alleged qualified individual with a disability, with a reasonable accommodation and then discharging him because of his disability. Specifically, EEOC alleges that Mr. Sepulveda, requested a reasonable accommodation, to ingest food or take insulin as needed for his condition, but Defendant's management refused. It is the EEOC's position that, as a result, Mr. Sepulveda's condition worsened and he was ultimately terminated due to his disability.

3. Defendant denies the EEOC's allegations and, thus, nothing contained in this Consent Decree shall be interpreted as an admission of liability by Defendant or that it discriminated against Mr. Sepulveda due to his alleged disability or that it failed to provide him with a reasonable accomodation.
4. In the interest of resolving this matter, to avoid further 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 entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns.
5. The Parties agree that this Decree resolves all claims alleged against the Defendant in EEOC Charge Number No. I 62-2004-00372, and the Complaint filed in this action, and constitutes a complete resolution of all claims under the ADA and the termination of Mr. Sepulveda's employment that were made by the Commission in this action. The Parties further agree that this Decree does not resolve any future EEOC charges of discrimination other than the charges referred to in this paragraph.
6. NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJ UDGED AND DECREED THAT:
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 jurisdiction of this federal court to enforce this Decree and its terms or the right of the EEOC to seek enforcement in th", event Defendant breaches any of the tenus of this Decree.
2

GENERAL PROVISIONS 9. Defendant, its officers, and employees, agree to refrain from engaging in conduct which violates Title I of the ADA and Title I of the Civil Rights Act of 1991, by adversely affecting the terms and conditions of any individual's employment because of the individual's disability. 10. Defendant, its officers, and employees, agree not to discriminate against any employee who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination; Or who cooperated in the investigation or prosecution of this case.
DISCRIMINATION POLICY AND TRAINING II. Defendant has a written policy against disability discrimination and retaliation contained in its Employee Manual. Defendant agrees that all of its employees and managers at its Minillas MiJlwork Plant will be provided a complete copy of its policy against discrimination and retaliation within thirty (30) days of the entry of this Decree. Defendant also agrees that all new employees shall be given a copy of its Employee Manual containing said policy within their first week of employment with the Defendant. 12. The EEOC acknowledges that Defendant has provided training as to disability discrimination and labor laws to employees, but in order to further ensure the effective implementation of Defendant's antidiscrimination policy, Defendant will conduct a two (2) hour training session on the ADA for all of its employees, managers and supervisory personnel. The training shall have a specific emphasis on reasonable accommodation under the ADA; on the proper procedure to be followed by managerial personnel if they become aware that an employee has a disability which may require an accommodation; and on the proper retention of documents
3

related to requests for accommodation and discrimination complaints. Defendant agrees to provide the EEOC, at least two weeks notice before it conducts its training session(s), with the daters) and location(s) of the training, the identification of the training materials to be used at the training session, and a listing of the names and job titles of the employees who will be in attendance at the training. The training will be conducted by counsel of choice of Defendant. Additionally, Defendant agrees that the EEOC may, at the EEOC's discretion, be in attendance at each training session.
13. Defendant 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 annually for the duration of this Decree. Defendant further agrees that the discrimination policy and training materials utilized for the training described in paragraph 9 shall be presented and explained to all new managers and supervisors within fifteen (15) days of being placed in a management or supervisory position.
POSTING 14. Defendant will post a laminated II x 14 copy of the Notice, attached as Exhibit A, no later than fifteen (15) days from the Court's execution of this Decree. Said notice shall be posted at its Minillas Plant for the duration of this Decree in a conspiclIous location accessible to all employees such as an employee bulletin board andlor break/lunch room.
MONITORING 15. Defendant will continue to retain all employment and/or investigative records relating in anyway to any complaint or allegation of disability discrimination by any employee for the duration of this Decree and as required under federal law.
4

16. Defendant will certify to the EEOC annually throughout the duration of this

Decree that it is in compliance with all aspects of this Decree. The first such certification will be

due no later than thirty (30) days from the first training set forth in paragraph 12. With each

certification Defendant will provide the EEOC with the name, address, and phone number of any

person who alleges they have been discriminated against on the basis of their disability while

working for Defendant during the preceding six month period. Defendant will also state the

actions taken in response to each such allegation and provide any and all documentation

associated with such complaint. The certifications required to be submitted to the EEOC

pursuant to this Consent Decree shall be mailed with the notation LAUSELL MONITORING to:

United States Equal Employment Opportunity Commission, Attention: Office of the Regional

Attorney, 1 Biscayne Tower, Suite 2700, 2 South Biscayne Boulevard, Miami, FI33131.

MONET ARY RELIEF

17. Defendant agrees to pay a total amount of $74,500.00 to resolve this litigation.

The payments referenced herein shall issue within fifteen (15) calendar days from the Court's

execution of this Decree. The monies shall be distributed as set forth below in exchange for a

fully-executed release. Michael Sepulveda Giusti will retain counsel of his choice to review and

provide

legal

advice

to

him

regarding

this

release.

(A) Defendant will pay Michael Sepulveda Giusti $74,500.00, less applicable

Commonwealth of Puerto Rico and federal withholdings. Defendant will issue the corresponding

{\ .IrV forms it::;Zin::::yment to Michael Sepulveda Giusti shall be made by check and mailed via

W

certified mail return receipt requested within fifteen (15) calendar days from the Court's

execution of this Decree to an address provided by EEOC.

5

(C) Simultaneous with the issuance of the check referenced above, copy of the payment check shall be forwarded to the attention of Carla J. Von Greiff, Senior Trial Attorney, u.S. Equal Employment Opportunity Commission, 501 East Polk Street, Suite 1000, Tampa, FI, 33602.

18. If Defendant fails to tender the above-mentioned payment as set forth in paragraph 17 above, then Defendant shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 662 J(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the non-compliance or delay ofthe Defendant.

ENFORCEMENT OF DECREE 19. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision ofthis Decree. 20. The Court will take whatever measures necessary to effectuate the terms of this

Decree. 21. 22.

COSTS Each Party shall bear its own costs associated with this litigation.
DURATION OF CONSENT DECREE The duration of this Decree shall be three (3) years from the date of entry of the

(\.IV Decree·so ORDERED, ADJUDGED AND DECREED, this Ot(Jrday of February,
WV" 2008.

6

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

by: s/ Nora E. Curtin

Date: February 4, 2008

Nora E. Curtin

Regional Attorney

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

Telephone: (305) 530-6001

Facsimile: (305) 536-4494

AGREED TO: FOR THE DEFENDANT, LAUSELL, INC.

by: slJorge I. Peirats

Date: February 4, 2008

Jorge I. Peirats

USDC-P.R.201409

Pietrantoni Mendez & Alvarez

209 Munoz Rivera Ave.

Suite 1901

Sanjuan, PR 00918

787-274-4904

Fax: 787-274-1470

Attorney for Defendant

AGREED TO:
FOR THE DEFENDANT,
~~.£rL Alberto Recio, President Lausell, Inc.

# Date:

7

EXHIBIT A: NOTICE
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AND LAUSELL, INC.
This notice is being posted pursuant to a Consent Decree entered by the United States District Court for the District of Puerto Rico, in United States Equal Employment Opportunity Commission v. Lausell, Inc. LauseH, Inc. assures its employees that it supports the Americans With Disabilities Act and will not take any action against an individual because he/she has exercised hislher rights under the law to oppose discriminatory acts or to file charges with the EEOC. Appropriate corrective action, up to and including termination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination, based upon the circumstances involved.
This notice shall remain posted for three (3) years from the date signed. Employees or applicants for employment who have questions about their rights under the Americans With Disabilities Act or any other federal anti-discrimination law may telephone the San Juan Local Office of the Equal Employment Opportunity Commission at 1-800-669-4000.

Signed this

66. , day of

2008.

President, Lausell, Inc.

Exh. A-I

 
 CM/ECF LIVE - U.S. District Court for the District of Puerto Rico

https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?336173954559144-L_19...

United States District Court District of Puerto Rico (San Juan) CIVIL DOCKET FOR CASE #: 3:06-cv-01977-JAF

CLOSED

United States Equal Employment Opportunity Commission v. Lausell, Inc. Assigned to: Chief Judge Jose A Fuste Cause: 28:451 Employment Discrimination

Date Filed: 09/29/2006 Date Terminated: 02/22/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Carla J. Von Greiff U. S. Equal Employment Opportunity Commission - Tampa, FL 501 E Polk St. Suite 1000 Tampa, FL 33602 813-202-7903 Fax: 813-228-2045 Email: carla.vongreiff@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maritza I. Gomez-Fernandez Goldman, Antonetti & Cordova, P.S.C. P.O. Box 70364 San Juan, PR 70364 787-759-4231 Fax: 787-474-2340 Email: maritza.gomez@gaclaw.com TERMINATED: 12/11/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nora E. Curtin U.S. Equal Employment Opportunity Comm. Miami District Office One Biscayne Tower 2 South Biscayne Boulevard Suite 2700 Miami, FL 33131 305-808-1789 Fax: 305-808-1835

1 of 4

3/19/2008 2:22 PM

CM/ECF LIVE - U.S. District Court for the District of Puerto Rico

https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?336173954559144-L_19...

V. Defendant Lausell, Inc.

Email: nora.curtin@eeoc.gov ATTORNEY TO BE NOTICED
represented by Jorge I. Peirats Pietrantoni Mendez & Alvarez 209 Munoz Rivera Ave. Suite 1901 San Juan, PR 00918 787-274-4904 Fax: 787-274-1470 Email: jpeirats@pmalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2006 09/29/2006 12/11/2006 12/11/2006 01/12/2007 02/01/2007 02/06/2007
03/14/2007

# Docket Text
1 COMPLAINT against Lausell, Inc. (Filing fee $ 350.), filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4)(Gomez-Fernandez, Maritza) . (Entered: 10/02/2006)
2 Summons Issued as to Lausell, Inc.Service due by 1/27/2007. (jap, ) (Entered: 10/04/2006)
3 NOTICE of Substitution of Counsel by United States Equal Employment Opportunity Commission (Von Greiff, Carla) (Entered: 12/11/2006)
4 NOTICE of Unavailability by United States Equal Employment Opportunity Commission (Von Greiff, Carla) (Entered: 12/11/2006)
5 ANSWER to Complaint filed by Jorge I. Peirats on behalf of Defendant Lausell, Inc..(Peirats, Jorge) (Entered: 01/12/2007)
6 REPORT of Parties' Planning Meeting by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 02/01/2007)
7 SCHEDULING ORDER/CASE MANAGEMENT ORDER: Pretrial Conference set for 3/26/2008 01:30 PM before Chief Judge Jose A Fuste. Amended Pleadings due by 5/25/2007. Discovery due by 12/31/2007. Dispositive Motions due by 1/31/2008. Proposed Pretrial Order due by 3/16/2008. (be, ) Modified on 2/16/2007 to correct
deadlines. (ft, ). (Entered: 02/07/2007)
8 MOTION for extension of time until April 3, 2007 to Answer Discovery Requests filed byJorge I. Peirats on behalf of Lausell, Inc. Suggestions in opposition/response due by 3/27/2007 (Peirats, Jorge) (Entered: 03/14/2007)

2 of 4

3/19/2008 2:22 PM

CM/ECF LIVE - U.S. District Court for the District of Puerto Rico

https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?336173954559144-L_19...

03/22/2007 03/23/2007 03/29/2007 05/24/2007 06/22/2007 06/25/2007 06/25/2007 09/27/2007 10/02/2007
02/11/2008 02/22/2008

9 ORDER denying 8 Motion for extension of time for failure to comply with Local Rule 26(b) . Signed by Judge Jose A Fuste on 3/22/07. (mrj, ) (Entered: 03/22/2007)
10 INFORMATIVE Motion regarding Compliance with Rule 26(b) filed byJorge I. Peirats on behalf of Lausell, Inc. (Peirats, Jorge) (Entered: 03/23/2007)
11 ORDER noted 10 INFORMATIVE motion regarding compliance with Rule 26(b). Signed by Judge Jose A Fuste on 3/29/07. (mrj, ) (Entered: 03/29/2007)
12 MOTION for Leave to File Document Amended Complaint filed byCarla J. Von Greiff on behalf of United States Equal Employment Opportunity Commission Suggestions in opposition/response due by 6/6/2007 (Attachments: # 1 Exhibit A -Amended Complaint)(Von Greiff, Carla) (Entered: 05/24/2007)
13 ORDER granting 12 Motion for Leave to File Amended Complaint. Movant shall electronically file the tendered document forthwith . Signed by Judge Jose A Fuste on 6/21/07. (mrj, ) (Entered: 06/22/2007)
14 AMENDED COMPLAINT against Lausell, Inc., filed by United States Equal Employment Opportunity Commission. Service due by 10/23/2007,(Von Greiff, Carla) (Entered: 06/25/2007)
15 ANSWER to Amended Complaint filed by Jorge I. Peirats on behalf of Defendant Lausell, Inc..(Peirats, Jorge) (Entered: 06/25/2007)
16 Joint MOTION To Extend Discovery And Case Management Deadlines filed byCarla J. Von Greiff on behalf of United States Equal Employment Opportunity Commission and Lausell, Inc. (Von Greiff, Carla) Modified on 10/3/2007 to add filer. (ft, ). (Entered: 09/27/2007)
17 ORDER granting 16 Motion for extension of deadlines. Discovery due by 2/29/2008. Dispositive Motions due by 3/14/2008. Proposed Pretrial Order due by 5/16/2008. Response to Motion Deadline due by 4/11/2008. Pretrial Conference reset for 5/21/2008 01:30 PM in Courtroom 7 before Chief Judge Jose A Fuste . Signed by
Judge Jose A Fuste on 10/2/07. (mrj, ) (Entered: 10/02/2007)
18 Joint MOTION For Approval of Consent Decree filed byCarla J. Von Greiff on behalf of United States Equal Employment Opportunity Commission and Lausell, Inc. (Attachments: # 1 Exhibit Consent Decree)(Von Greiff, Carla) Modified on 2/12/2008 to add filer. (ft). (Entered: 02/11/2008)
19 CONSENT DECREE. Signed by Chief Judge Jose A Fuste on 2/21/08. (ft) (Entered: 02/22/2008)

PACER Service Center
Transaction Receipt
03/19/2008 15:22:45

3 of 4

3/19/2008 2:22 PM

CM/ECF LIVE - U.S. District Court for the District of Puerto Rico

https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?336173954559144-L_19...

PACER Login:

wu0079

Description:

Docket Report

Billable Pages: 2

Client Code: eeoc

Search Criteria:
Cost:

3:06-cv-01977-JAF 0.16

4 of 4

3/19/2008 2:22 PM