Case: Veryzer v. Mills & Murphy Software Systems, Inc.

8:05-cv-01468 | U.S. District Court for the Middle District of Florida

Filed Date: Aug. 5, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On August 5, 2005, a member of the Georgia Air National Guard, filed a lawsuit under the Uniformed Services Employment and Reemployment Act, 38 U.S.C. §§ 4301-4303 (USERRA) in the District Court for the Middle District of Florida against Mills & Murphy Software Systems, Incorporated. The plaintiff sought injunctive relief, alleging that the defendant violated USERRA by discriminating against and ultimately terminating the plaintiff because of her military status. The plaintiff informed her empl…

On August 5, 2005, a member of the Georgia Air National Guard, filed a lawsuit under the Uniformed Services Employment and Reemployment Act, 38 U.S.C. §§ 4301-4303 (USERRA) in the District Court for the Middle District of Florida against Mills & Murphy Software Systems, Incorporated. The plaintiff sought injunctive relief, alleging that the defendant violated USERRA by discriminating against and ultimately terminating the plaintiff because of her military status.

The plaintiff informed her employer, the defendant, of her status as a member of the Georgia Air National Guard. Soon after, the employer recalculated her salary, which resulted in a salary decrease of approximately 20%, and altered other terms of her employment. In December 2003, the plaintiff received active duty "orders" and promptly informed her employer. The defendant denied the plaintiff's request for personal time off for the period of active duty. The plaintiff was terminated by the defendant upon her return from active duty.

The defendant employer violated USERRA by discriminating against the plaintiff, denying her reemployment and other employment benefits, and discharging her (1) because of her membership, service, or obligation to perform services in the uniform services and/or (2) because she took action to enforce a protection afforded under USERRA or to exercise a right provided for in USERRA.

The specific relief sought was: (a) a declaratory judgment that the defendant violated USERRA by refusing to reemploy the plaintiff upon her return from active duty, (b) an injunction requiring the defendant to fully comply with USERRA with respect to the plaintiff, and (c) an award of damages to the plaintiff for the salary and other employment benefits lost as a result of the defendant's violation of USERRA.

On July 25, 2006, the District Court (Judge Richard A. Lazzara) referred the case to mediation. On September 27, 2006, a mediation report was entered, which informed the court that a settlement had been reached by the parties. The details of the settlement are not known. On November 8, 2006, the case was dismissed with prejudice.

This case is closed.

Summary Authors

Kaitlin Corkran (2/24/2008)

People


Judge(s)
Attorney for Plaintiff

Fenton, William B. (District of Columbia)

Galbreath, Robert Lee (District of Columbia)

Gardner, Leslie M. (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Byrd, Oran Kim (Florida)

Elligett, Raymond T. Jr. (Florida)

show all people

Documents in the Clearinghouse

Document

8:05-cv-01468

Docket [PACER}

Nov. 20, 2006

Nov. 20, 2006

Docket
1

8:05-cv-01468

Complaint

Aug. 5, 2005

Aug. 5, 2005

Complaint
23

8:05-cv-01468

Mediation Report

Sept. 27, 2006

Sept. 27, 2006

Monitor/Expert/Receiver Report

Docket

Last updated Jan. 27, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT brought pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) against Mills & Murphy Software Systems, Inc.; filed by Jennifer A. Veryzer.(mrh) (Entered: 08/08/2005)

Aug. 5, 2005

Aug. 5, 2005

2

NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/22/2005.Signed by Deputy Clerk on 8/9/2005. (Cole, R) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

3

WAIVER OF SERVICE returned executed on 09/06/2005 by Mills & Murphy Software Systems, Inc.. Waiver of Service sent on 09/01/2005 as to Mills & Murphy Software Systems, Inc.. (Galbreath, Robert) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

4

NOTICE of Appearance by Ann Marie Hensler on behalf of Mills & Murphy Software Systems, Inc. (Hensler, Ann) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

5

ANSWER to complaint by Mills & Murphy Software Systems, Inc..(Hensler, Ann) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

6

CASE MANAGEMENT REPORT. (Galbreath, Robert) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

7

CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/28/2006. Joinder of Parties due by 4/28/2006. Discovery due by 7/28/2006. Dispositive motions due by 8/28/2006. Pretrial Conference set for 11/2/2006 10:00 AM in Courtroom 10 A before Magistrate Judge Mary S. Scriven. Jury Trial set for term commencing 12/4/2006 09:00 AM in Courtroom 15 B before Judge Richard A. Lazzara.Signed by Judge Richard A. Lazzara on 12/9/2005. (Cole, R) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

8

Unopposed MOTION for protective order by Mills & Murphy Software Systems, Inc.. (Attachments: # 1)(Hensler, Ann) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

9

ORDER granting 8 motion for protective order against unauthorized use or disclosure of confidential information and documents. Signed by Judge Richard A. Lazzara on 5/31/2006. (Cole, R) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

10

NOTICE of Appearance by Oran Kim Byrd on behalf of Stephanie L Byars (Byrd, Oran) (Entered: 07/22/2006)

July 22, 2006

July 22, 2006

11

Emergency MOTION to quash subpoena duces tecum and for protective order by Stephanie L Byars. (Byrd, Oran) (Entered: 07/22/2006)

July 22, 2006

July 22, 2006

12

NOTICE of Hearing on Motion 11 Emergency MOTION to quash subpoena duces tecum and for protective order. Motion Hearing set for 7/24/2006 01:30 PM in Courtroom 15 B before Judge Richard A. Lazzara. (Cole, R) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

13

RESPONSE in opposition re 11 Emergency MOTION to quash subpoena duces tecum and for protective order filed by Mills & Murphy Software Systems, Inc.. (deMeza, William) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

14

MINUTE ENTRY for proceedings held before Judge Richard A. Lazzara : Motion Hearing held on 7/24/2006 re 11 Emergency MOTION to quash subpoena duces tecum and for protective order. Court Reporter: Claudia Spangler-Fry (Cole, R) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

15

ORAL ORDER granting in part and denying in part 11 Motion to quash . Granted to the extent the deposition shall take place in Stephanie Byars home and should she grow tired, or fatiqued the deposition shall continue to a later time. Discovery deadline continued to 8/31/06 for the purpose of taking Stephanie Byars deposition only. Dispositive motion filing deadline extended to 9/29/06. Signed by Judge Richard A. Lazzara on 7/24/2006. (Cole, R) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

16

ORDER REFERRING CASE to mediation and directing selection of a mediator on or before 8/25/06. Local counsel, AUSA Warren Zimmerman, is designated as lead counsel to coordinate dates. Mediation shall be conducted on or before 9/29/06.Signed by Judge Richard A. Lazzara on 7/25/2006. (Hartman, S) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

17

MOTION to quash Subpoenas Duces Tecum Or In The Alternative Partially Quash by Jennifer A. Veryzer. (Galbreath, Robert) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

18

ORDER ATTACHED granting in part and denying in part 17 Motion to quash . Signed by Judge Richard A. Lazzara on 7/26/2006. (Hartman, S) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

19

MOTION for protective order by Jennifer A. Veryzer. (Galbreath, Robert) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

20

ORDER granting 19 Motion for protective order . Signed by Judge Richard A. Lazzara on 8/4/2006. (Cole, R) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

21

NOTICE by Jennifer A. Veryzer re 16 Order referring case to mediation, Notice of Mediator Selection and Scheduling Mediation (Zimmerman, Warren) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

22

ORDER appointing Raymond Thomas Elligett as mediator in this action. Mediation scheduled 9/12/06 at 9:00 a.m. and shall not be cancelled/continued without leave of court. Signed by Judge Richard A. Lazzara on 8/28/2006. (Hartman, S) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

Mail returned as Undeliverable re: 22 Order appointing mediator. Mail marked, "Box Closed - no order" as to William B. Fenton. (mrh) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

23

MEDIATION REPORT Hearing held on 9-12-06 Hearing outcome: settled(Elligett, Raymond) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

24

60-DAY ORDER dismissing case in accord with the attached order. The clerk is directed to terminate any motions/deadlines and to close the file.Signed by Judge Richard A. Lazzara on 9/27/2006. (DMB) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

Mail returned as Undeliverable re: 24 Order. Mail marked, "Box closed - No order. Return to sender" as to William B. Fenton. (mrh) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

25

MOTION to dismiss Case with Prejudice by Jennifer A. Veryzer. (Galbreath, Robert) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

26

ENDORSED ORDER granting 25 motion to dismiss. Signed by Judge Richard A. Lazzara on 11/8/2006. (DMB) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

Mail returned as Undeliverable re: 26 Order on motion to dismiss. Mail marked, "Return to sender. Box Closed - no order", as to William B. Fenton. (mrh) (Entered: 11/21/2006)

Nov. 20, 2006

Nov. 20, 2006

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 5, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A member of the Georgia Air National Guard

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mills & Murphy Software Systems, Inc. (St. Petersburg, Pinellas), Private Entity/Person

Case Details

Causes of Action:

Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Military status discrimination

Affected Sex or Gender:

Female