UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

UNITED STATES EQUAL EMPLOYMENT )

UI V OPPORTUNITY COMMISSION, ~il~a

)

ACTION NO.

Plaintiff,

~lll~,~ll~J~ COMPLAINT

No

) JURY TRIAL DEMAND

)

COGNISA SECURITY, INC.,

) INJUNCTIVE RELIEF REQUESTED

)

Defendant.

)

)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991, to correct unlawful employment practices on the basis of sex, female and

pregnancy, and to provide appropriate relief due to Chimere Hill who was adversely affected by such

practices. As stated with greater particularity in paragraph 7 below, the United States Equal

Employment Opportunity Commission (hereinafter the "EEOC" or "Commission") alleges that

Defendant terminated Ms. Hill because of her sex, female, and her pregnancy.

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)(1) 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 Southem District of Florida, Ft. Lauderdale Division.
PARTIES 3. Plaintiff, the EEOC, 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(0(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Congnisa Security, Inc. ("Defendant"), has continuously been doing business in the State of Florida and the City of Fort Lauderdale, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Chimere Hill filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least February 2004, Defendant has engaged in unlawful employment practices at its Fort Lauderdale, Florida location, in violation of Section 703(a)(1) of Title VII, 42

Chimere Hill began working for Defendant in or about October 2003 as a

security guard.

bo

On or about February 21, 2004, Chimere Hill was rushed to the hospital from

work by Emergency Medical Services ("EMS"). c. Ms. Hill was seven (7) months pregnant at the time that she was rushed to the
hospital. d. Defendant terminated Ms. Hill because she was pregnant, even though the
doctor approved Ms. Hill’s return to work the next day. 8. The effect of the unlawful employment practices complained of in paragraph 7 above has been to deprive Chimere Hill of equal employment opportunities, and otherwise adversely affect her status as an employee because of her sex.
The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Chimere Hill.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with them, from engaging in sex and pregnancy discrimination in employment and any other employment practice which discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Chimere Hill by providing appropriate back pay with

prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to

eradicate the effects of its unlawful employment practices, including but not limited to,

reinstatement, and front pay.

D. Order Defendant to make whole Chimere Hill by providing compensation for past

and future pecuniary losses resulting from the employment practices described in paragraphs seven through ten above, including but not limited to, out-of-pocket losses, medical expenses and job

search expenses, in amounts to be determined at trial.

E. Order Defendant to make whole Chimere Hill by providing compensation for past

and future nonpecuniary losses resulting from the employment practices described in paragraphs

seven through ten above, including but not limited to, emotional pain, suffering, inconvenience, loss

of enjoyment of life, and humiliation, in amounts to be determined at trial.

F. Order Defendant to pay punitive damages for its malicious and reckless conduct

described in paragraphs seven through ten above, in an amount to be determined at trial.

Go

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

interest.

H. Award the Commission its costs of this action.

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

Respectfully Submitted,

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attomey
Trial Attorney Florida Bar No. 0171591 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower, Suite 2700 Two Biscayne Boulevard Miami, Florida 33131 Tel. (305) 530-6009 Direct Tel. (305) 536-6001 Main Fax (305) 536-4494 E-mail: Che _ryl.Cooper@eeoc.gov

%JS44 (Rev. 1,/04)

CIVIL COVER SHEET ~’~ K "

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofplead~ltl~ olllill~r papers ~t~l~.a@~l bJ~t, dlt~l~t _a~l~. vided

~y Io.c~! m, le,s o.fc, ourt. This form, approved by the Judicial Conference ofthe United States in September 1974, is reqmred for the use oft~e (~lerk of Court for the purpose of initiating me ctw~ OocKet sneet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS U.S. Equal Employment Opportunity Commission

DEFENDANTS Cognisa Security, Inc.

(b) County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)
(C) Attorney’s (Firm Name, Add~ss, and Telephone Number)
U.S. EEOC, One Biscayn¢ Tower, Suite 2700 Two South Biscayne Boulevard Miami, FL 33131 TEL:(305)530-6009

County of Residence of First Liste~’-De"t~’ffo’w&’ff"./ ~-~ (IN U.S. PLAINTIFF CA~EK~Y)
~ OF LAND INVOLVED.
Attum*ys (If ~o~)

(d) Check County Where Action Arose: O DADE ~MONROE 11. BASIS OF JURISDICTION (Placc an "X" in One Box Only)

~I I U.S. Government Plaintiff

~13 Federal Question (U.S. Government Not a Party)

U.S. Government
Defendant
ro rd 0"o

ID4
c

Diversity (Indicate Cil ’ zeuship of Parties in Item III)

~DP~MBEACH ~MARTIN DST. LUCIE ~INDIAN~VEr~EC~EE~ItHLANDS

111. CITIZENSHIP OF PRINCIPAL PARTIES(~a¢~"x"

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

Citizen of This State

El I ~1 I

Incorporated or Principal Place

I~ 4 I~ 4

of Business In This State

Citizen of Another State

El 2 ID 2 Incorporated and Principal Place of Business In Another State

ID 5 El 5

Citizen or Subject of a Forei n Coun

El 3 El 3 Foreign Nation

ID 6 ID 6

~ 110 Insurance ~1 120 Marine i~ 130 MillerAct 171 140 Negotiable Instrument ~ 150 Recovery of Overpayment
& Enforcement of Judgnsent El 151 Medicare Act tD 152 Recove~ of Dcfauhed
Student Loans
(Exel. Veterans) 171 153 Recovery of Overpayment
of Veteran’s Benefits ID 160 Stockholders’ Suits ID 190 Other Contract El 195 Contract Product Liability i~ 196 Franchise
REAL PROPERTY
El 210 Land Condemnation ~ 220 Foreclosure tD 230 Rent Lease & Ejectment ID 240 Torts to Land I~ 245 Tort Product Liability I~l 290 All Other Real Properly

PERSONAL INJURY

PERSONAL INJURY

310 Airplane

171 362 Personal Injury -

315 Airplane Product

Mad. Malpractice

Liability

~ 365 Persounl Injmy -

320 Assault, Libel &

Produel Liability

Slander

[~ 368 Asbestos Personal

330 Federal Employers’

Injury Product

Liability

Liability

340 Marine

PERSONAL PROPERTY

345 Marine Product

i21 370 Olher Fraud

Liability

t~ 371 Truth in Lending

350 Motor Vehicle

ID 380 Other Personal

355 Motor Vehicle

Property Damage

Product Liability

l~l 385 Property Damage

360 Other Personal
In.~u~

Product Liability

CIVIL RIGH~IS

PRISONER Pl~-rrrlONS

441 Voting

510 Motions to Vacate

442 Employment

Sentence

443 Housing/

Habeas Corpus:

Accommodations

530 General

444 Welfare

535 Death Penalty

445 Amer. w/Disabilities -

540 Mandamus & Other

Employment

550 Civil Rights

446 Amer. w/Disabilities -

555 Prison Condition

Other

440 Other Civil Rights

FOI/~FEITURE/PENALTY
ID 610 Agriculture 620 Other Food & Drug 625 Drag Related Seizure of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Rags.
660 Occupational Safety/Health
690 Other
LABOR 710 Fair Labor Standards
Act 720 Labor/M$mt. Relations 730 Labor/Mgmt.Reporting
& Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation
791 Empl. Rat. Inc.
Security Act

BANKRUPTCY
422 Appeal 28 USC 158 423 Withdrawal
28 USC 157
PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark
SOCIA L SECURITY I~ 861 HIA(1395ff) [~ 862 Black Lung (923) 171863 DIWC/DIWW (405(g)) O 864 SSID Title XVI 171865 RSI {4051~))
FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff
or Defendant) 871 IRS--Third Party
26 USC 7609

OTHER STATUTES
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and
Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/
Exchange 875 Customer Challenge
12 USC 34 l0 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act
893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information
Act 900Appeal of Fee Determination
Under Equal Access to Justice 950 Constitutionality of State Statutes

V. ORIGIN
~ 1 Original Proceeding

(Place an "X" in One Box Only)

I~ 2 Removed from

~1 3

State Court

Remanded from Appellate Court

~1 4 Reinstated or [~ 5 anoTtrhaenrsfdeirsretrdicftrom 171 6 Multidistrict

Reopened

(specify)

Litigation

Appeal to District

I~l 7

Judge from
Magistrate

Judgment

(Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION 42 U.S.C. § 2000e-5(f)(1) and (3) and 42 U.S.C. 198in. Unlawful employment practices on the basis of sex,

LENGTH OF TRIAL via -- days e~mal~l (for troth sides to try entire case)

VII. REQUESTED IN 171 CHECK IF THIS IS A CLASS ACTION DEMAND $

COMPLAINT:

UNDER F.R.C.P. 23

Vlll. RELATED CASE(S)

IF ANY

(See insmacfons): JUDGE

DATE

CHECK YES only if demanded in complaint: JURY DEMAND: $5 Yes ID No
DOCKET NUMBER

RECEIPT #

AMOUNT

APPLYING IFP

 
 Case 0:05-cv-61581-ASG Document 13 Entered on FLSD Docket 12/02/2005 Page 1 of 9

EXHIBIT "A "
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORID A Case Number : 05-61581-CIV-GOLD/TURNOF F

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ,
Plaintiff, and CHIMERE HILL ,
Plaintiff/ Intervenor, vs . COGNISA SECURITY, INC . ,
Defendant.

CLARENCE MADDOX CLERK U .S . DIST- Cr, S . D. OF FLA . - MIA M I

INTERVENOR'S COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff/Intervenor, CHIMERE HILL, ("HILL"), by and through her undersigne d attorneys, files this, her Complaint against Defendant, COGNISA SECURITY, INC ., ("COGNISA"), a Georgia corporation, and states as follows :
INTRODUCTION I . This is an action for injunctive relief and monetary damages to remedy discrimination on the basis of sex and pregnancy in the terms, conditions, and privileges of employment, and to redress the deprivation of rights secured to Plaintiff/Intervenor by Title VII of the Civil Rights Act of 1964, 42 U .S .C . § 2000e et seq ., ("Title VII"), as amended by the Civil Rights Act of 1991, Pub . L . No . 102-166, 105 Stat . 1071 (1991), and the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes .

I
15 of 23

Case 0:05-cv-61581-ASG Document 13 Entered on FLSD Docket 12/02/2005 Page 2 of 9

2 . At all times material hereto, Plaintiff/ Inte rv enor was and continues to be a citizen of the State of Florida .
3 . At all times material hereto , Defendant , Cognisa , was and continues to be a Georgia Corporation with its principal place of business located at 2000 Riveredge Parkway Suite GL 100, Atlanta , Georgia 30328 .
4. At all times material hereto, Plaintiff/ Inte rv enor is seeking damages against the Defendant in excess of S 75,000 .00 exclusive of interest , attorney's fees and costs .
JURISDICTIO N 5 . The Jurisdiction of the Court over this controversy is based upon the following :
a . The Court' s jurisdiction conferred by 28 U .S .C . §§ 1331 and 1343(a)(4) conferring original jurisdiction upon this Court of any civil action to recover damages or to secure equitable relief under any act of Congress providing for the protection of Civil Rights ;
b . Title VII, 42 U .S .C . § 2000e-5( f)(l), (3), and c . 28 U .S .C . § 1332 .

16 of 23

VENUE 6 . The venue of this Court over this controversy is based upon the following :
a . The unlawful employment practices alleged below occurred and/or were committed within the State of Florida, within Broward County . Accordingly, venue lies in the United States District Court for the Southe rn District of Florida pursuant to 28 U .S .C . § 1391(b) ; an d
b . Plaintiff/Inte rv enor avers that Defendant , COGNISA, is a corporation doing business in this judicial distri ct within the meaning of 28 U .S .C . § 1391(c) . Accordingly , venue lies in this judicial district pursuant to 28 U .S .C . § 139 1 (c) .
2

Case 0:05-cv-61581-ASG Document 13 Entered on FLSD Docket 12/02/2005 Page 3 of 9
PARTIES 7 . At all times material hereto, Plaintiff/Intervenor, I II LL, was and continues to be a female citizen of the United States, and a resident of Broward County, Florida . 8. At all times material hereto, Plaintiff/Intervenor, HILL, was an employee or former employee of Defendant, COGNISA . 9. At all times material hereto, Plaintiff/Intervenor, HILL, was employed by Defendant's, COGNISA, in Broward County, Florida . 10. At all times material hereto, Defendant's, COGNISA, transacted and continues to transact business and perform services in Broward County, Florida at 3433 N .W . 55th Street, Bldg . # 9, Fort Lauderdale, Florida, within the Southern District of Florida . 11 . At all times material hereto, Defendant, COGNISA, was and continues to be an "employer" within the meaning of Title VII and the Florida Civil Rights Act of 1992 . 12 . At all times material hereto, Defendant, COGNISA, had and continues to have more than 500 employees in each of twenty or more calendar weeks in the current or preceding year .
EXHAUSTION OF ADMINISTRATIVE REMEDIE S 13 . Plaintiff/Intervenor, HILL, has fulfilled all conditions precedent to the institution of this action by timely filing a written Charge of Discrimination with the Equal Employment Opportunity Commission, ("EEOC"), and the Florida Commission on Human Relations, ("FCHR") in September of 2004 . 14. On or about March 9, 2005, the Plaintiff, EEOC issued a letter of determination, finding that there was reasonable cause to believe the Defendant, COGNISA, committed violations of Title VII in the form of sex (pregnancy) discrimination) .
3
17 of 23

i
Case 0:05-cv-61581-ASG Document 13 Entered on FLSD Docket 12/02/2005 Page 4 of 9
15 . After attempts at conciliation were unsuccessful, on or about September 28, 2005, the Plaintiff, EEOC, filed a lawsuit against the Defendant under Title VII of the Civil Rights Act of 1964, as amended, seeking to provide appropriate relief for Plaintiff/Intervenor, HILL, and any other similarly situated individuals .
16. In conjunction with this Complaint, Plaintiff/Intervenor, HILL, has moved this Honorable Court to intervene as a party to the Plaintiffs, EEOC, Title VII action against the Defendant, COGNISA, as well as adding a cause of action based on the Defendant's violation of the Florida Civil Rights Act of 1992, as amended .
17 . At all times material hereto, Plaintiff/Intervenor's claims brought under the Florida Civil Rights Act have been brought more than 180 days from the date of her filing a charge of discrimination with the Florida Commission on Human Relations .
STATEMENT OF FACT S 18. Plaintiff/Intervenor was hired by Defendant, COGNISA, as a security guard on or about October 1, 2003 . Plaintiff/Intervenor was approximately three months pregnant at the time of her hire . 19. At all times material hereto, Plaintiff/Intervenor, HILL, was qualified for her position and performed her job duties with distinction . 20. In February of 2004, Plaintiff/Intervenor was approximately seven months pregnant . 21 . On or about February 21, 2004, while at work, Plaintiff/Intervenor was feeling ill due to the effects of dehydration and was rushed to the hospital by EMS . 22 . Later the same day, Plaintiff/Intervenor, HILL, contacted her supervisor to inform him that she would be returning to work . She further advised him that her physician had approved her return to work the next day . Despite this, Defendant advised Plaintiff/Interveno r
4
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Case 0:05-cv-61581-ASG Document 13 Entered on FLSD Docket 12/02/2005 Page 5 of 9

that she was not to come back and that she was terminated effective inunediately without an y

reason . 23 . At all times material hereto, Plaintiff/Intervenor was able to perform the essential
functions of her job .

2 Plaintiff/Intervenor, HILL, was terminated because of her sex (pregnancy) .

25 . At all times material hereto, the actions taken by Defendant, COGNISA, were

intentional .

26. Defendant's acts and omissions set forth in this Complaint constitute conduct on

the part of the Defendant, COGNISA, that was willful, wanton, malicious and reckless,

demonstrating a knowing and/or reckless disregard for the rights of Plaintiff/Intervenor .

27. Further, Defendant's acts and/or omissions set forth in this Complaint, constitute

conduct on the part of Defendant, COGNISA, demonstrating a malicious and/or reckless

indifference to the federally protected rights of Plaintiff/Intervenor so as to entitle her to receive

an award of punitive damages to punish Defendant and to deter Defendant and its agents from

such conduct in the future .

28 . Plaintiff/Intervenor, HILL, has retained the Law Firm of ROTiISTEIN ROSENFELDT

ADLER to represent her in this litigation, and has agreed to pay the firm a reasonable fee for its

services .

STATEMENT OF CLAIM S

COUNT I - SEX (PREGNANCY) DISCRIMINATION VIOLATION OF TITLE VI I

19 of 23

29. Plaintiff/Inte rv enor realleges and reavers paragraphs 1 through 28 of this Complaint as if fully set fo rth herein .
30. Defendant, COGNISA, has discriminated against Plaintiff in the terms and conditions of her employment because of her sex (pregnancy) .
5

Case 0:05-cv-61581-ASG Document 13 Entered on FLSD Docket 12/02/2005 Page 6 of 9
31 . The unlawful discriminatory pattern, practice, usage and custom by Defendant, COGNISA, its agents and employees, as set forth herein, violates Title VII of the Civil Rights Act of 1964, 42 U .S .C . § 2000e, as amended by the Civil Rights Act of 1991, Pub . L . No ., 102166, 105 Stat . 1071 (1991) .
32 . As a direct and proximate result of Defendant's, COGNISA, unlawful and discriminatory employment policies and practices, Plaintiff has suffered damages and will continue to suffer irreparable injury and damages in the future, including, but not limited to :
(1) Loss of past and future income ; (2) Stress, anxiety and emotional distress ; (3) Significant past and future pain and suffering ; and (4) Other financial losses . 33 . Plaintiff/lntervenor is entitled to an award of reasonable attorney's fees, expert fees, costs and expenses related to the litigation pursuant to § 706(k) of Title VII, 42 U .S .C . §2000e-5(k), as amended by Section 113 of the Civil Rights Act of 1991 . WHEREFORE, Plaintiff/Intervenor, HILL, respectfully requests that judgment be entered in her favor against Defendant, COGNISA : a . Declaring, pursuant to 28 U .S .C . §§ 2201 and 2202, that the acts and
practices complained of herein are in violation of Title VII ; b. Permanently enjoining Defendant from continuing and/or maintaining the
policy, practice and custom of denying, abridging, withholding or conditioning, the federally protected rights of female employees on the basis of pregnancy ;
6
20 of 23

Case 0:05-cv-61581-ASG Document 13 Entered on FLSD Docket 12/02/2005 Page 7 of 9
c . Awarding back pay, prejudgment interest , post judgment interest an d damages for all employment benefits Plaintiff/Inte rv enor would have received but for the discriminato ry acts and practices of Defendant ;
d . Directing that Defendant reinstate Plaintiff/Intervenor to the position she would have occupied but for the Defendant's discriminato ry treatment of her, or in the alternative , awarding her front pay;
e . Directing Defendant to pay Plaintiff/ Inte rv enor compensato ry damages for her mental anguish and humiliation ;
f. Awarding reasonable atto rn ey's fees, expe rt fees, and costs incurred in this action pursuant to Section 706 (k) of Title VII, 42 U .S .C . § 2000( e)-5(k), as amended by Section 113 of the Civil Rights Act of 1991 ;
g . Awarding Plaintiff/ Intervenor all other sums of money, medical benefit s and other employment benefits with interest thereon, to which she is entitled ; and
h. Ordering any other relief this Court deems to be just and proper . COUNT If - SEX (PREGNANCY) DISCRIMINATION
VIOLATION OF FLORIDA CIVIL RIGHTS ACT OF 199 2 § 760 .10, FLORIDA STATUTE S
34. Plaintiff/Intervenor realleges and reavers Paragraphs I through 28 of this Complaint as if fully set forth herein .
35. Defendant, COGNISA, has discriminated against Plaintiff/Intervenor in the terms and conditions of her employment her because of her sex (pregnancy) .
36. The unlawful discriminatory pattern, practice, usage and custom by Defendant, COGNISA, and its agents and employees, as set forth above, violates the Florida Civil Rights Act of 1992, Section 760 .10, Florida Statutes .
7
21 of 23

Case 0:05-cv-61581-ASG Document 13 Entered on FLSD Docket 12/02/2005 Page 8 of 9
37. As a direct and proximate result of Defendant's, COGNISA, unlawful and discriminatory employment policies and practices, Plainti ff 'Intervenor has suffered damages and will continue to suffer irreparable injury and damages in the future, including, but not limited to :
(1) Loss of past and future income ; (2) Stress, anxiety and emotional distress ; (3) Significant past and future pain and suffering ; and (4) Other financial losses . 38. Plaintiffilntervenor is entitled to an award of reasonable attorney's fees, expert fees, costs and expenses related to this litigation pursuant to § 760 .1 1(5), Florida Statutes . WHEREFORE, Plaintiff/Intervenor, HILL, respectfully requests that judgment b e entered in her favor against Defendant, COGNISA : a . Declaring, pursuant to 28 U .S .C . §§ 2201 and 2202, that the acts and
practices complained of herein are in violation of the Florida Civil Rights Act of 1992 ; b . Permanently enjoining Defendant from continuing and/or maintaining the policy, practice and custom of denying, abridging, withholding or conditioning, the state protected rights of female employees on the basis of pregnancy ; c . Directing Defendant, COGNISA, to reinstate Plaintiff/Intervenor to the position she would have occupied but for Defendant's discriminatory treatment of her, or in the alternative, awarding her front pay ; d. Awarding Plaintiff/Intervenor back pay, prejudgment interest, postjudgment interest and damages for all employment benefits she would have received but for the discriminatory acts and practices of Defendant ;
8
22 of 23

Case 0:05-cv-61581-ASG Document 13 Entered on FLSD Docket 12/02/2005 Page 9 of 9

C.

Awarding Plaintiff/Intervenor compensatory, consequential and punitive

damages for her mental anguish and humiliation pursuant to §760 .11(5),

Florida Statutes ;

f. Awarding reasonable attorney's fees and costs incurred in this action

pursuant to § 760 .1 1(5), Florida Statutes ;

g . Awarding Plaintiff/Intervenor all other sums of money, including medical

benefits and other employment benefits with interest thereon, to which she

is entitled ; an d

h. Ordering any other and further relief this Court deems to be just and

proper .

JURY DEMAN D

39. Plaintiff/Intervenor, demands trial by jury on all Counts set forth above .

Respectfully submitted ,
ROTHSTEIN, ROSENFELDT ADLER COUNSEL FOR PLAINTIFF/INTERVENOR 300 Las Olas Place - Suite 860 300 S .E . 2nd Stree t Fort Lauderdale, FL 33301 TEL : (954) 522-3456 FAX : (954) 527-866 3 Email : mnanc ic r(a rra-law . co m

H -d--14-X-4 I,. cr .annr CuupI . int dnc

/s/ Michael A . Pancier, Esq . Michael A . Pancier, Esq . Fla . Bar No . 95848 4

9
23 of 23

 
 Case 0:05-cv-61581-ASG Document 40 Entered on FLSD Docket 08/18/2006 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO . 05-61581 -CIV-GOLD/TURNOFF

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ,

Plaintiff,

V.

COGNISA SECURITY, INC .,

Defendant.

='Lf R~ U S .D. pp

.

S. FL

.4

r .

;57 . ' ° :11A

i :i 67 ~

.

ORDER ADMINISTRATIVELY CLOSING CAS E THIS CAUSE is before the Court upon the Notice of Settlement filed by the parties on August 8, 2006 [DE 38] . The Notice of Settlement indicates that the parties have reached a settlement in this matter. Accordingly, it is hereby ORDERED AND ADJUDGED : 1 . The parties must file on or October 9, 2006, a Stipulation of Dismissal, a Final Judgment or any other pertinent document necessary to conclude this action . Non-compliance may result in a dismissal or a judgment in the action without further notice . 2. All pretrial deadlines are held in abeyance . All pending motions are DENIED as MOOT and this case is administratively CLOSED . DONE AND ORDERED in Chambers at Miami, Florida this /5 day of August , 2006 .

Copies furnished : U.S. Magistrate Judge William C . Turnoff All Counsel of Record

ALAN S. GOLD UNITED STATES DISTRICT JUDGE

1

 
 Case 0:05-cv-61581-ASG Document 44 Entered on FLSD Docket 10/16/2006 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 05-61581-CIV-GOLD/TURNOFF
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,
v.
CHIMERE HILL,
Plaintiff-Intervenor v.
COGNISA SECURITY, INC.,

~ OCT : ~ ?.OOG

CLARENCE MADDOX

CLERK U.S. DIST. CT.

\ S. Q. OF /,._,.-0---

FLA.·

MIAMI

_ _ _ _ ___,D~e~f.::en:.:.:d~a"-=-n.:.:.t·~------'

ORDER GRANTING MOTION FOR ENTRY OF CONSENT DECREE: DISMISSING COMPLAINT WITH PREJUDICE; CLOSING CASE

THIS CAUSE is before the Court upon Plaintiff's Unopposed Motion for Entry of Consent Decree [DE 42], filed September 25, 2006, and Plaintiff's Stipulation of Dismissal with Prejudice [DE 43], filed September 25, 2006. I have reviewed the terms of the Consent Decree and find them fair and reasonable. Accordingly, it is hereby ORDERED AND ADJUDGED that:

1.

Plaintiff's Motion for Entry of Consent Decree [DE 42] is GRANTED.

2.

This case is DISMISSED WITH PREJUDICE.

3.

All pending motions are DENIED AS MOOT.

4.

This case is CLOSED.

_:j_ DONE AND ORDERED, IN CHAMBERS in Miami, florida this

day of October, 2006.

,~/ \2{/:)l/:~ /'€")

THE HONORABLE ALAN S. GOLD

Copies furnished to:

UNITED STATES DISTRICT JUDGE

Magistrate Judge William Turnoff

All Counsel of Record

-=:::::

 
 CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?478343873776587-L_92...

U.S. District Court Southern District of Florida (Ft. Lauderdale) CIVIL DOCKET FOR CASE #: 0:05-cv-61581-ASG

CLOSED, WCT

Equal Employment v. Cognisa Security Assigned to: Judge Alan S. Gold Referred to: Magistrate Judge William C. Turnoff Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/28/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Cheryl A. Cooper Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1786 Fax: 808-1835 Email: Cheryl.cooper@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lauren Gayle Dreilinger Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1795 Fax: 305-808-1835 Email: lauren.dreilinger@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Cognisa Security, Inc.

represented by Eric Saida Duane Morris 200 S Biscayne Boulevard Suite 3400 Miami, FL 33131-2397 305-960-2200

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V. Intervenor Defendant Cognisa Security, Inc.

Fax: 960-2201 Email: eric.saida@lexisnexis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Harvey W. Gurland, Jr. Duane Morris 200 S Biscayne Boulevard Suite 3400 Miami, FL 33131 305-960-2214 Fax: 960-2201 Email: hwgurland@duanemorris.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry P Finnerty Duane Morris LLP 1180 W Peachtree Street Suite 700 Atlanta, GA 30309 404-253-6900 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Eric Saida (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P. Ferguson, Jr. Duane Morris 1180 W Peachtree Street Suite 700 Atlanta, GA 30309 404-253-6900 Fax: 253-6901 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/2005

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Docket Text

1 COMPLAINT filed; FILING FEE waived ; Magistrate Judge William C. Turnoff (bs, Deputy Clerk) (Entered: 09/29/2005)

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09/28/2005 10/31/2005 11/03/2005 11/04/2005 11/14/2005 11/16/2005 11/16/2005 11/23/2005 11/28/2005
11/30/2005
11/30/2005 11/30/2005 11/30/2005 11/30/2005 12/09/2005 12/20/2005

2 SUMMONS(ES) issued for Cognisa Security (bs, Deputy Clerk) (Entered: 09/29/2005)
3 ORDER requiring compliance with Local Rule 16.1 of the United States District Court for the Southern District of Florida ( Signed by Judge Alan S. Gold on 10/31/05) [EOD Date: 11/3/05] (hd, Deputy Clerk) (Entered: 11/03/2005)
5 Answer and affirmative defenses by Cognisa Security (Attorney Eric Saida), (sk, Deputy Clerk) (Entered: 11/07/2005)
4 UNOPPOSED MOTION with memorandum in support (Attorney ) to intervene by Chimere Hill (Former Deputy Clerk) (Entered: 11/07/2005)
6 RETURN OF SERVICE executed for Cognisa Security on 10/19/05 Answer due on 11/8/05 for Cognisa Security (ra, Deputy Clerk) (Entered: 11/16/2005)
7 CONSENT TO JURISDICTION BY A U.S. MAGISTRATE JUDGE by Equal Employment as to discovery motions, motions for costs, motions for attorney's fees and motions for sanctions (wc, Deputy Clerk) (Entered: 11/17/2005)
8 Joint Scheduling Report of Scheduling Meeting by Equal Employment, Cognisa Security, Chimere Hill (wc, Deputy Clerk) (Entered: 11/18/2005)
9 Certification of interested persons and corporate disclosure statement by Cognisa Security (tb, Deputy Clerk) (Entered: 11/25/2005)
10 STIPULATION by Cognisa Security In Re: consent to jurisdiction by a US Magistrate Judge for final disposition; this consent is not for motions for dismissal, summary judgment, jury or non-jury trial on merits (hd, Deputy Clerk) (Entered: 11/28/2005)
11 SCHEDULING ORDER setting Jury trial set for 1/22/07 Pretrial Stipulation due on or before 11/16/06 Calendar call set for 1:30 1/17/07 Pretrial conference for 9:00 12/15/06 ; ( Signed by Judge Alan S. Gold on 11/30/05) [EOD Date: 11/30/05] CCAP (hd, Deputy Clerk) (Entered: 11/30/2005)
11 ORDER REFERRING DISCOVERY MOTIONSJto Magistrate Judge William C. Turnoff ( Signed by Judge Alan S. Gold on 11/30/05) CCAP [EOD Date: 11/30/05] (hd, Deputy Clerk) (Entered: 11/30/2005)
11 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Alan S. Gold on 11/30/05) [EOD Date: 11/30/05] (hd, Deputy Clerk) (Entered: 11/30/2005)
12 ORDER granting [4-1] motion to intervene by Chimere Hill ( Signed by Judge Alan S. Gold on 11/29/05) [EOD Date: 12/2/05] (hd, Deputy Clerk) (Entered: 12/02/2005)
13 Intervenor's COMPLAINT by against Cognisa Security (hd, Deputy Clerk) (Entered: 12/02/2005)
14 NOTICE of selection of John W. Salmon as Mediator by Equal Employment (lk, Deputy Clerk) (Entered: 12/09/2005)
15 ANSWER by Cognisa Security to [13-1] intervenor complaint (Former Deputy Clerk) (Entered: 12/21/2005)

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12/21/2005 12/21/2005 12/21/2005 12/21/2005 12/27/2005
12/27/2005
02/07/2006 03/13/2006 03/17/2006
03/27/2006 03/30/2006 03/30/2006 04/03/2006 04/13/2006 04/13/2006 04/17/2006
04/26/2006

16 UNOPPOSED MOTION by Cognisa Security for Terry P. Finnerty to appear pro hac vice (hd, Deputy Clerk) (Entered: 12/22/2005)
17 UNOPPOSED MOTION by Cognisa Security for James P. Ferguson, Jr. to appear pro hac vice (hd, Deputy Clerk) (Entered: 12/22/2005)
Filing Fee Paid; FILING FEE $75.00 RECEIPT #932379 (hd, Deputy Clerk) (Entered: 12/22/2005)
Filing Fee Paid; FILING FEE $75.00 RECEIPT #932380 (hd, Deputy Clerk) (Entered: 12/22/2005)
18 ORDER granting [17-1] motion for James P. Ferguson, Jr. to appear pro hac vice ( Signed by Judge Alan S. Gold on 12/27/05) [EOD Date: 12/28/05] (hd, Deputy Clerk) (Entered: 12/28/2005)
19 ORDER granting [16-1] motion for Terry P. Finnerty to appear pro hac vice ( Signed by Judge Alan S. Gold on 12/27/05) [EOD Date: 12/28/05] (hd, Deputy Clerk) (Entered: 12/28/2005)
20 NOTICE of Change of Address of Attorney by Chimere Hill (ra, Deputy Clerk) (Entered: 02/09/2006)
21 JOINT MOTION by Chimere Hill, Equal Employment to quash or modify subpoena duces tecum (hd, Deputy Clerk) (Entered: 03/14/2006)
22 ORDER Motion hearing before Magistrate Judge William C. Turnoff set for 2:00 4/11/06 for [21-1] joint motion to quash or modify subpoena duces tecum ( Signed by Magistrate Judge William C. Turnoff on 3/15/06) [EOD Date: 3/20/06] (hd, Deputy Clerk) (Entered: 03/20/2006)
23 NOTICE of Unavailability by Chimere Hill for dates of: 5/5/06, 5/18-19/06 & 6/18-26/06 (dg, Deputy Clerk) (Entered: 03/29/2006)
24 RESPONSE by Cognisa Security in opposition to [21-1] joint motion to quash or modify subpoena duces tecum (hd, Deputy Clerk) (Entered: 03/31/2006)
25 NOTICE of attorney appearance for Cognisa Security by Eric Saida (hd, Deputy Clerk) (Entered: 03/31/2006)
26 NOTICE of Change of Address of Telephone and Facsimile Numbers by Equal Employment (hd, Deputy Clerk) (Entered: 04/04/2006)
27 NOTICE of attorney appearance for Cognisa Security by Harvey W. Gurland Jr. (hd, Deputy Clerk) (Entered: 04/14/2006)
27 NOTICE by Cognisa Security of substitution of Harvey Gurland as counsel (hd, Deputy Clerk) (Entered: 04/14/2006)
28 ORDER granting in part [21-1] joint motion to quash or modify subpoena duces tecum ( Signed by Magistrate Judge William Turnoff on 04/14/06) [EOD Date: 4/18/06] (bs, Deputy Clerk) (Entered: 04/18/2006)
29 RENOTICE of Mediation Hearing for 9:30 6/29/06 (hd, Deputy Clerk) (Entered: 04/27/2006)

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06/20/2006 06/20/2006 06/23/2006
07/07/2006
07/13/2006
07/18/2006 07/24/2006 07/24/2006 08/08/2006 08/11/2006 08/16/2006 08/16/2006 09/25/2006 09/25/2006 09/25/2006

30 MOTION by Cognisa Security to compel Discovery (ra, Deputy Clerk) (Entered: 06/21/2006)
31 MEMORANDUM by Cognisa Security in support of [30-1] motion to compel Discovery (ra, Deputy Clerk) (Entered: 06/21/2006)
32 ORDER/NOTICE OF HEARING Motion hearing before Magistrate Judge William C. Turnoff set for 2:00 7/24/06 for [30-1] motion to compel Discovery ( Signed by Magistrate Judge William C. Turnoff on 06/23/06) [EOD Date: 6/26/06] (ra, Deputy Clerk) (Entered: 06/26/2006)
33 JOINT MOTION by Equal Employment, Cognisa Security, Chimere Hill, Cognisa Security to continue July 24, 2006 Hearing , and Incorporated Unopposed Motion of Intervenor, Chimere Hill to extend time to respond to Defendant's motion to compel (gp, Deputy Clerk) (Entered: 07/12/2006)
34 ORDER granting [33-1] joint motion to continue July 24, 2006 Hearing, granting [33-2] joint motion to extend time to respond to Defendant's motion to compel Response to motion reset to 7/24/06 for [30-1] motion to compel Discovery (Signed by Magistrate Judge William C. Turnoff on 07/12/06) [EOD Date: 7/14/06] (ra, Deputy Clerk) (Entered: 07/14/2006)
35 MOTION by Equal Employment (Attorney ) to substitute Lauren G. Dreilinger and Nora E. Curtin as Attorney (lh, Deputy Clerk) (Entered: 07/21/2006)
36 JOINT MOTION by Chimere Hill, Cognisa Security, Equal Employment to extend time to conduct discovery and modification of pretrial deadlines and trial date (lh, Deputy Clerk) (Entered: 07/26/2006)
37 RESPONSE by Chimere Hill to [30-1] motion to compel Discovery (lh, Deputy Clerk) (Entered: 07/26/2006)
38 NOTICE OF SETTLEMENT filed by Chimere Hill (cj, Deputy Clerk) (Entered: 08/09/2006)
39 ORDER mooting [30-1] motion to compel Discovery ( Signed by Magistrate Judge William C. Turnoff on 08/10/06) [EOD Date: 8/14/06] (bb, Deputy Clerk) (Entered: 08/14/2006)
40 ORDER ADMINISTRATIVELY CLOSING CASE [38-1] settlement notice (Signed by Judge Alan S. Gold on 08/15/06) [EOD Date: 8/18/06] (ra, Deputy Clerk) (Entered: 08/18/2006)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (ra, Deputy Clerk) (Entered: 08/18/2006)
41 NOTICE of filing uncontested motion for entry of consent decree by Equal Employment (ra, Deputy Clerk) (Entered: 09/26/2006)
42 UNCONTESTED MOTION by Equal Employment (Attorney Lauren Gayle Dreilinger) for entry of Consent Decree (ra, Deputy Clerk) (Entered: 09/26/2006)
43 STIPULATION of dismissal with prejudice by Equal Employment, Cognisa Security, Chimere Hill (ra, Deputy Clerk) (Entered: 09/26/2006)

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10/10/2006 10/10/2006

44 ORDER granting 42 Motion for for entry of consent decree: filed by Equal Employment Opportunity Commission, DISMISSING Complaint with prejudice; Closing CASE. Signed by Judge Alan S. Gold on 10/4/06. (gp) (Entered: 10/16/2006)
45 ORDER granting 42 Motion for entry of consent decree. Dismissing Complaint with Prejudice; All pending Motions are Denied as Moot. Closing Case. Signed by Judge Alan S. Gold on 10/4/06. (gp) (Entered: 10/17/2006)

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