Case: EEOC v. MEARS TRANSPORTATION GROUP, INC., and A-1 LIQUIDAT

1:97-cv-04375 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 23, 1997

Closed Date: July 14, 1999

Clearinghouse coding complete

Case Summary

The EEOC's Miami district office sued Mears Transportation Group, Inc., a Florida personal transportation company, and A-1 Liquidating Corporation, a Florida corporation, on December 23, 1997 in the U.S. District Court for the Southern District of Florida. The EEOC's claim alleged that these two companies violated Title VII when they discriminated against her based on sex (female) when the company paid for one hotel room and told her to share it with a male driver or purchase her own and when …

The EEOC's Miami district office sued Mears Transportation Group, Inc., a Florida personal transportation company, and A-1 Liquidating Corporation, a Florida corporation, on December 23, 1997 in the U.S. District Court for the Southern District of Florida. The EEOC's claim alleged that these two companies violated Title VII when they discriminated against her based on sex (female) when the company paid for one hotel room and told her to share it with a male driver or purchase her own and when it failed to rehire her in retaliation for her filing a claim with the EEOC. A-1 filed a motion to dismiss the alleged act of discrimination in July 1998, which was not resolved. The parties were referred to mediation in August 1998, which resulted in settlement between all of the parties. The EEOC and A-1 entered into a consent decree on March 11, 1999, while the EEOC and Mears entered into a consent decree on July 14, 1999.

The A-1 consent decree stipulated that A-1 would refrain from discriminating in the future, train its employees in Title VII compliance, post a notice of compliance with Title VII, monitor any complaints of discrimination, and that A-1's president would attend EEOC training. Furthermore, the decree provided for $10,000 in damages to be paid to the aggrieved employee. The Mears consent decree was essentially the same as the A-1 consent decree and also required Mears to pay $10,000 in damages for the aggrieved employee, but did not require the Mears president to attend special training.

Summary Authors

Justin Kanter (6/1/2007)

Documents in the Clearinghouse

Document

1:97-cv-04375

Docket (PACER)

Equal Employment v. Mears Transportation

July 14, 1999

July 14, 1999

Docket
1

1:97-cv-04375

Complaint

Equal Employment v. Mears Transportation

Dec. 23, 1997

Dec. 23, 1997

Complaint
37

1:97-cv-04375

Order

Equal Employment v. Mears Transportation

Sept. 28, 1998

Sept. 28, 1998

Order/Opinion
53

1:97-cv-04375

Consent Decree

Equal Employment v. Mears Transportation

March 10, 1999

March 10, 1999

Settlement Agreement
58

1:97-cv-04375

Consent Decree

Equal Employment v. Mears Transportation

July 14, 1999

July 14, 1999

Settlement Agreement

Resources

Docket

Last updated March 27, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and juryu trail demand injunctive relief sought filed; FILING FEE waived; STB; A-7 (gz, Deputy Clerk) (Entered: 12/29/1997)

Dec. 23, 1997

Dec. 23, 1997

Magistrate identification: Magistrate Judge Stephen T. Brown (gz, Deputy Clerk) (Entered: 12/29/1997)

Dec. 23, 1997

Dec. 23, 1997

2

SUMMONS(ES) issued for Mears Transportation (gz, Deputy Clerk) (Entered: 12/29/1997)

Dec. 23, 1997

Dec. 23, 1997

3

SUMMONS(ES) issued for A-1 Liquidating Corp (gz, Deputy Clerk) (Entered: 12/29/1997)

Dec. 23, 1997

Dec. 23, 1997

4

SUMMONS(ES) issued for A-1 Liquidating Corp (lk, Deputy Clerk) (Entered: 04/07/1998)

April 2, 1998

April 2, 1998

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 692442 (lk, Deputy Clerk) (Entered: 05/22/1998)

May 20, 1998

May 20, 1998

6

AFFIDAVIT of Ramon de la Cabada by A-1 Liquidating Corp Re: [5-1] motion for Ramon de la Cabada to appear pro hac vice (lk, Deputy Clerk) (Entered: 05/22/1998)

May 20, 1998

May 20, 1998

7

MOTION with memorandum in support by A-1 Liquidating Corp to dismiss this action for the failure of the plaintiff to obtain service of process within 120 days after the filing of the Complaint (Former Deputy Clerk) (Entered: 05/28/1998)

May 21, 1998

May 21, 1998

8

MOTION by Equal Employment for entry of default as to Mears Transportation (lk, Deputy Clerk) (Entered: 05/29/1998)

May 27, 1998

May 27, 1998

9

AFFIDAVIT by Equal Employment Re: [8-1] motion for entry of default as to Mears Transportation (lk, Deputy Clerk) (Entered: 05/29/1998)

May 27, 1998

May 27, 1998

10

ORDER granting [5-1] motion for Ramon de la Cabada to appear pro hac vice (signed by Judge K. M. Moore on 5/29/98) CCAP (dg, Deputy Clerk) (Entered: 06/03/1998)

June 1, 1998

June 1, 1998

11

RESPONSE by Equal Employment to [7-1] motion to dismiss this action for the failure of the plaintiff to obtain service of process within 120 days after the filing of the Complaint (dg, Deputy Clerk) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

12

NOTICE of withdrawal of motion for Clerk's entry of default by Equal Employment (dg, Deputy Clerk) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

13

Answer and affirmative defenses by Mears Transportation (Attorney Kevin William Shaughnessy), (dg, Deputy Clerk) (Entered: 06/10/1998)

June 9, 1998

June 9, 1998

14

MOTION with memorandum in support by A-1 Liquidating Corp for leave to file reply to plaintiff's request to extend 120 day service deadline [pldg in pod 1] (dg, Deputy Clerk) (Entered: 06/26/1998)

June 22, 1998

June 22, 1998

15

OMNIBUS ORDER granting [14-1] motion for leave to file reply to plaintiff's request to extend 120 day service deadline, denying [7-1] motion to dismiss this action for the failure of the plaintiff to obtain service of process within 120 days after the filing of the Complaint ( signed by Judge K. M. Moore on 6/26/98) CCAP (Former Deputy Clerk) (Entered: 07/08/1998)

June 26, 1998

June 26, 1998

16

REPLY by A-1 Liquidating Corp to [11-1] motion response (Former Deputy Clerk) (Entered: 07/09/1998)

June 26, 1998

June 26, 1998

17

MOTION with memorandum in support by A-1 Liquidating Corp to dismiss the act of discrimination alleged by the plaintiff (Former Deputy Clerk) (Entered: 07/16/1998)

July 6, 1998

July 6, 1998

19

ORDER that counsel for all parties are directed to meet before 7/22/98 and file a scheduling report on or before 8/5/98 ( signed by Judge K. M. Moore on 7/3/98) CCAP (tb, Deputy Clerk) (Entered: 07/17/1998)

July 6, 1998

July 6, 1998

20

MOTION with memorandum in support by Equal Employment to extend time to respond to motion to dismiss (dg, Deputy Clerk) (Entered: 07/22/1998)

July 16, 1998

July 16, 1998

21

PRETRIAL ORDER filed: Scheduling Conference deadline: 8/6/98 Scheduling Meeting Report due 8/20/98 ( signed by Judge K. M. Moore on 7/17/98) CCAP (dg, Deputy Clerk) (Entered: 07/22/1998)

July 17, 1998

July 17, 1998

22

Case Scheduling Report of Scheduling Meeting by A-1 Liquidating Corp, Mears Transportation, Equal Employment 8/20/98 (wc, Deputy Clerk) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

23

ORDER granting [20-1] motion to extend time to respond to motion to dismiss ( signed by Judge K. M. Moore on 8/6/98) CCAP (Former Deputy Clerk) (Entered: 08/12/1998)

Aug. 7, 1998

Aug. 7, 1998

24

RESPONSE by Equal Employment to [17-1] motion to dismiss the act of discrimination alleged by the plaintiff (cp, Deputy Clerk) (Entered: 08/14/1998)

Aug. 7, 1998

Aug. 7, 1998

25

INITIAL disclosure preliminary Exhibit list by Mears Transportation (Former Deputy Clerk) (Entered: 08/18/1998)

Aug. 14, 1998

Aug. 14, 1998

25

INITIAL disclosure Witness list by Mears Transportation (Former Deputy Clerk) (Entered: 08/18/1998)

Aug. 14, 1998

Aug. 14, 1998

26

NOTICE to take deposition duces tecum of Harriet Quarles 10/15/98 at 9:00 (Former Deputy Clerk) (Entered: 08/20/1998)

Aug. 18, 1998

Aug. 18, 1998

27

ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Stephen T. Brown ( Signed by Judge K. M. Moore on 8/21/98) CCAP (Former Deputy Clerk) (Entered: 08/26/1998)

Aug. 21, 1998

Aug. 21, 1998

28

ORDER referring case to mediation. 15 days to appoint mediator ( signed by Judge K. M. Moore on 8/21/98) CCAP (Former Deputy Clerk) (Entered: 08/26/1998)

Aug. 21, 1998

Aug. 21, 1998

29

ORDER set Jury trial for 9:00 5/10/99 before Judge K. M. Moore , c set calendar call for 1:30 5/6/99 , set pretrial conference for 9:00 4/26/99 ( signed by Judge K. M. Moore on 8/21/98) CCAP (Former Deputy Clerk) (Entered: 08/26/1998)

Aug. 21, 1998

Aug. 21, 1998

30

MOTION with memorandum in support by A-1 Liquidating Corp to extend time to respond to plaintiff's response to defendant's motion to dismiss (tb, Deputy Clerk) (Entered: 08/28/1998)

Aug. 25, 1998

Aug. 25, 1998

33

ORDER granting [30-1] motion to extend time to respond to plaintiff's response to defendant's motion to dismiss Response to motion reset to 8/28/98 for [17-1] motion to dismiss the act of discrimination alleged by the plaintiff (signed by Judge K. M. Moore on 8/27/98) CCAP (ra, Deputy Clerk) (Entered: 08/31/1998)

Aug. 27, 1998

Aug. 27, 1998

31

RESPONSE by A-1 Liquidating Corp to response to [17-1] motion to dismiss the act of discrimination alleged by the plaintiff (Former Deputy Clerk) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

32

ORDER granting [30-1] motion to extend time to respond to plaintiff's response to defendant's motion to dismiss Response to motion reset to 8/31/98 for [17-1] motion to dismiss the act of discrimination alleged by the plaintiff ( signed by Judge K. M. Moore on 8/28/98) CCAP (Former Deputy Clerk) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

34

AMENDED Rule 26 Initial Disclosure of by Equal Employment (Former Deputy Clerk) (Entered: 09/01/1998)

Aug. 28, 1998

Aug. 28, 1998

35

NOTICE of Mediation Hearing on 2/5/99 Jay Cohen added as mediator (Former Deputy Clerk) (Entered: 09/11/1998)

Sept. 9, 1998

Sept. 9, 1998

36

MOTION with memorandum in support by Mears Transportation to amend [29-4] order , or alternatively to continue trial (dg, Deputy Clerk) (Entered: 09/21/1998)

Sept. 17, 1998

Sept. 17, 1998

37

ORDER denying [36-1] motion to amend [29-4] order, denying [36-2] motion to continue trial ( signed by Judge K. M. Moore on 9/21/98) CCAP (dg, Deputy Clerk) (Entered: 09/28/1998)

Sept. 21, 1998

Sept. 21, 1998

38

MOTION with memorandum in support by Mears Transportation for Joyce Ackerbaum Cox to appear pro hac vice (dg, Deputy Clerk) (Entered: 09/30/1998)

Sept. 23, 1998

Sept. 23, 1998

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 698467 (dg, Deputy Clerk) (Entered: 09/30/1998)

Sept. 23, 1998

Sept. 23, 1998

39

AFFIDAVIT by Mears Transportation Re: [38-1] motion for Joyce Ackerbaum Cox to appear pro hac vice (dg, Deputy Clerk) (Entered: 09/30/1998)

Sept. 23, 1998

Sept. 23, 1998

40

NOTICE of service of Defendant's first set of interogatories to Plaintiff by Mears Transportation (Former Deputy Clerk) (Entered: 10/02/1998)

Sept. 29, 1998

Sept. 29, 1998

41

MOTION by Mears Transportation to production of documents (Former Deputy Clerk) (Entered: 10/02/1998)

Sept. 29, 1998

Sept. 29, 1998

42

ORDER granting [38-1] motion for Joyce Ackerbaum Cox to appear pro hac vice ( signed by Judge Donald L. Graham on 9/29/98) CCAP (Former Deputy Clerk) (Entered: 10/02/1998)

Sept. 29, 1998

Sept. 29, 1998

43

AMNEDED NOTICE by A-1 Liquidating Corp to take deposition of Harriet Quarles 1/6/99 at 10:00 (tb, Deputy Clerk) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

44

AGREED MEDIATION NOTICE by A-1 Liquidating Corp, Mears Transportation, Equal Employment (tb, Deputy Clerk) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

46

JOINT MOTION with memorandum in support by A-1 Liquidating Corp to substitute Ramon de la Cabada as Attorney (lk, Deputy Clerk) (Entered: 12/30/1998)

Dec. 29, 1998

Dec. 29, 1998

47

ORDER granting [46-1] motion to substitute Ramon de la Cabada as Attorney (Terminated: attorney Ladd Hiram Fassett for A-1 Liquidating Corp Added: Ramon de la Cabada) ( signed by Judge K. M. Moore on 12/31/98) CCAP (lk, Deputy Clerk) (Entered: 01/07/1999)

Jan. 4, 1999

Jan. 4, 1999

48

THIRD AMENDED NOTICE by A-1 Liquidating Corp to take deposition of Harriet Quarles 2/5/99 at 10:00 (tb, Deputy Clerk) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

49

NOTICE by A-1 Liquidating Corp to take deposition duces tecum of Craige Jean 2/12/99 at 9:00 (lk, Deputy Clerk) (Entered: 02/04/1999)

Feb. 1, 1999

Feb. 1, 1999

50

NOTICE by A-1 Liquidating Corp to take deposition of Leonard Quarles 2/12/99 at 1:30 (lk, Deputy Clerk) (Entered: 02/04/1999)

Feb. 1, 1999

Feb. 1, 1999

51

NOTICE OF SETTLEMENT filed by A-1 Liquidating Corp, Equal Employment (lk, Deputy Clerk) (Entered: 03/16/1999)

March 9, 1999

March 9, 1999

52

ORDER granting [36-1] motion to amend [29-4] order, granting [36-2] motion to continue trial Jury trial for 8/30/99 , setting pretrial conference for 9:00 8/16/99 ( signed by Judge K. M. Moore on 3/11/99) CCAP (lk, Deputy Clerk) (Entered: 03/16/1999)

March 11, 1999

March 11, 1999

53

CONSENT DECREE (signed by Judge K. M. Moore on 3/11/99) CCAP (ra, Deputy Clerk) (Entered: 03/18/1999)

March 11, 1999

March 11, 1999

54

CONSENT ORDER each party shall bear its own costs and attorneys' fees. ( signed by Judge K. M. Moore on 3/17/99) CCAP (lk, Deputy Clerk) (Entered: 03/19/1999)

March 17, 1999

March 17, 1999

55

ORDER denying as moot [17-1] motion to dismiss the act of discrimination alleged by the plaintiff. ( signed by Judge K. M. Moore on 3/17/99) CCAP (lk, Deputy Clerk) (Entered: 03/19/1999)

March 17, 1999

March 17, 1999

56

ORDER OF MAGISTRATE JUDGE REASSIGNMENT transferring case to Magistrate Judge John J. O'Sullivan ( signed by Judge K. M. Moore on 4/28/99) CCAP (ra, Deputy Clerk) (Entered: 04/30/1999)

April 28, 1999

April 28, 1999

Magistrate identification: Magistrate Judge John J. O'Sullivan (ra, Deputy Clerk) (Entered: 04/30/1999)

April 28, 1999

April 28, 1999

57

NOTICE OF SETTLEMENT filed by Mears Transportation, Equal Employment (lk, Deputy Clerk) (Entered: 07/08/1999)

July 2, 1999

July 2, 1999

58

CONSENT DECREE (Signed by Judge K. M. Moore on 7/14/99) CCAP [EOD Date: 7/21/99] (ra, Deputy Clerk) (Entered: 07/21/1999)

July 14, 1999

July 14, 1999

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 23, 1997

Closing Date: July 14, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

A-1 Liquidating Corporation (Miami, Florida), Private Entity/Person

Mears Transportation Group, Inc. (Miami, Florida), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 20000

Order Duration: 1999 - 2002

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Hiring

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

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits