Case: EEOC v. WALPOLE INC

8:99-cv-00999 | U.S. District Court for the Middle District of Florida

Filed Date: April 27, 1999

Closed Date: 1999

Clearinghouse coding complete

Case Summary

In April 1999, the EEOC's Miami District Office filed this suit against Walpole, Inc. in the U.S. District Court for the Middle District of Florida alleging discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the charging party, a Black employee, to a hostile work environment because of his race and retaliated against him by terminating his employment after he complained of the harassment. The charging part…

In April 1999, the EEOC's Miami District Office filed this suit against Walpole, Inc. in the U.S. District Court for the Middle District of Florida alleging discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the charging party, a Black employee, to a hostile work environment because of his race and retaliated against him by terminating his employment after he complained of the harassment. The charging party intervened in the suit in July 1999. A couple weeks later, the defendant filed a motion to dismiss. However, the motion was denied as moot because the parties settled through a consent decree in August 1999.

The decree had a one year duration and contained non-discrimination and non-retaliation clauses. Under the terms of the decree, the defendant agreed to: provide Title VII training for all its managers and supervisors, post a Title VII notice, retain relevant employment records, and pay $5,000 to the charging party.

Summary Authors

Michele Marxkors (6/26/2007)

Documents in the Clearinghouse

Document

8:99-cv-00999

Docket

EEOC v. Walpole Inc

Aug. 25, 1999

Aug. 25, 1999

Docket
1

8:99-cv-00999

Complaint

EEOC v. Walpole Inc

April 27, 1999

April 27, 1999

Complaint
6

8:99-cv-00999

Complaint of Steve M. Colbourne [Plaintiff-Intervenor]

EEOC v. Walpole Inc

July 17, 1999

July 17, 1999

Complaint
14

8:99-cv-00999

Consent Decree

EEOC v. Walpole Inc

Aug. 25, 1999

Aug. 25, 1999

Settlement Agreement

Resources

Docket

Last updated March 27, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and demand for jury trial filed (bls) (Entered: 04/28/1999)

April 27, 1999

April 27, 1999

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Thomas B. McCoun III (bls) (Entered: 04/28/1999)

April 27, 1999

April 27, 1999

SUMMONS issued for Walpole, Inc. Consent issued. (bls) (Entered: 04/28/1999)

April 28, 1999

April 28, 1999

2

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jlh) (Entered: 05/03/1999)

April 30, 1999

April 30, 1999

3

MOTION with memorandum in support to intervene by Steve M. Colbourne ; proposed complaint attached. (dfd) Modified on 05/19/1999 (Entered: 05/19/1999)

May 17, 1999

May 17, 1999

4

CERTIFICATE OF SERVICE (Notice of compliance with Local Rule 3.05) of [2-1] track 2 notice of designation by United States Equal Employment Opportunity Commission (dfd) (Entered: 07/08/1999)

July 6, 1999

July 6, 1999

5

ORDER granting [3-1] motion to intervene by Steve M. Colbourne. The Clerk shall assign a docket number to the Complaint of Steve M. Colbourne attached to the motion. (Signed by Judge Richard A. Lazzara) ctc (dfd) (Entered: 07/08/1999)

July 7, 1999

July 7, 1999

6

Intervenor's COMPLAINT by Steve M. Colbourne against Walpole, Inc. (dfd) (Entered: 07/08/1999)

July 7, 1999

July 7, 1999

7

WAIVER OF SERVICE Returned Executed as to Walpole, Inc. on 5/19/99. Answer due on 7/19/99. (dfd) (Entered: 07/12/1999)

July 9, 1999

July 9, 1999

8

NOTICE of attorney appearance for Walpole, Inc. by John W. Campbell, Michael Dennis Malfitano, Angelique Groza Lyons, Vincent R. Spano (dfd) (Entered: 07/14/1999)

July 13, 1999

July 13, 1999

9

ANSWER and defenses to Complaint by Walpole, Inc. (dfd) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

10

MOTION by Walpole, Inc. with memorandum in support to dismiss , or in the alternative to stay the Federal Court proceeding (dfd) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

11

UNOPPOSED MOTION by EEOC to extend time for 14 days to respond to motion to dismiss (mrh) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

12

ORDER granting [11-1] motion to extend time for 14 days to respond to motion to dismiss, Response to motion reset to 8/16/99 for [10-1] motion to dismiss ( Signed by Judge Richard A. Lazzara ) ctc (jlh) (Entered: 08/05/1999)

Aug. 4, 1999

Aug. 4, 1999

13

ORDER: This cause is hereby dismissed with prejudice based on settlement and subject to the right of the parties, within sixty (60) days of the date of this order, to submit a stipulated form of final order or judgment should they so choose or for any party to move to reopen the action, upon good cause shown. After that 60-day period, however, dismissal shall be with prejudice. All pending motions, if any, are denied as moot. The Clerk is directed to close the file. (Signed by Judge Richard A. Lazzara) ctc (dfd) (Entered: 08/18/1999)

Aug. 17, 1999

Aug. 17, 1999

CASE CLOSED. (dfd) (Entered: 08/18/1999)

Aug. 17, 1999

Aug. 17, 1999

Proposed consent decree submitted. (smb) (Entered: 08/24/1999)

Aug. 23, 1999

Aug. 23, 1999

14

CONSENT DECREE between EEOC and defendant Walpole, Inc.; defendant will not engage in conduct which violates Title VII of the Civil Rights Act of 1964; anti-discrimination policy training shall be scheduled at the Mango, Florida facility; Walpole, Inc. shall pay $5,000.00 to Steven Colbourne; each party shall bear its own costs and attorneys' fees; duration of this Decree is one year; case is dismissed with prejudice; the court retains jurisdiction to enforce this consent decree ( Signed by Judge Richard A. Lazzara ) (ctc) (crb) (Entered: 08/26/1999)

Aug. 25, 1999

Aug. 25, 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: April 27, 1999

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Walpole, Inc. (Tampa, FL), 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: 5000

Order Duration: 1999 - 2000

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit