Case: EEOC v. ACCULAB LABORATORIES INC (d/b/a ACCULAB)

2:04-cv-00364 | U.S. District Court for the Middle District of Florida

Filed Date: July 6, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In July 2004, the EEOC's Miami office filed this suit in the U.S. District Court for the Middle District of Florida alleging that Acculab Laboratories, Inc. had violated Title VII by exposing an employee to sexual harassment and then terminating her in retaliation of her complaints about sexual harassment. The complainant intervened in the EEOC's suit and added a claim under the Family Medical Leave Act alleging that the defendant had unlawfully denied her medical leave based on her serious he…

In July 2004, the EEOC's Miami office filed this suit in the U.S. District Court for the Middle District of Florida alleging that Acculab Laboratories, Inc. had violated Title VII by exposing an employee to sexual harassment and then terminating her in retaliation of her complaints about sexual harassment. The complainant intervened in the EEOC's suit and added a claim under the Family Medical Leave Act alleging that the defendant had unlawfully denied her medical leave based on her serious health condition multiple sclerosis. After a failed attempt at mediation in February 2006, the parties were preparing for trial until, after extensive negotiations, they agreed on a consent decree which was adopted by the court in June 2006. The decree ordered defendant to pay the complainant a total of $25,000 and enjoined the defendant from discriminating and retaliation and required the defendant to post a notice of equal employment opportunity rights, create an anti-discrimination policy, and create equal employment opportunity training programs.

The terms of the agreement were to run for 3 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2009

Summary Authors

Tony Friedman (7/14/2007)

Clearinghouse (6/10/2017)

Documents in the Clearinghouse

Document

2:04-cv-00364

Docket (PACER)

EEOC v. Acculab Laboratories

June 13, 2006

June 13, 2006

Docket
1

2:04-cv-00364

Complaint

EEOC v. Acculab Laboratories

July 6, 2004

July 6, 2004

Complaint
13

2:04-cv-00364

Complaint of Intervenor Plaintiff Michelle Maus

EEOC v. Acculab Laboratories

Nov. 29, 2004

Nov. 29, 2004

Complaint
53

2:04-cv-00364

Order [Regarding Plaintiff's Oral Motion to Compel Documents]

EEOC v. Acculab Laboratories

May 22, 2006

May 22, 2006

Order/Opinion
57-2

2:04-cv-00364

Consent Decree

EEOC v. Acculab Laboratories

June 13, 2006

June 13, 2006

Settlement Agreement

Resources

Docket

Last updated March 18, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; jury demand. (drn) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Sheri Polster Chappell (drn) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

SUMMONS(ES) issued for Acculab Laboratories. (drn) (Entered: 07/06/2004)

July 6, 2004

July 6, 2004

2

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (kma) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

3

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 7/19/2004. Signed by Judge John Steele on 7/8/04. (slu, ) (Entered: 07/12/2004)

July 8, 2004

July 8, 2004

4

NOTICE of pendency of other actions re order of compliance to Local Rule by Equal Employment Opportunity Commission (Brown, Jennifer) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

5

CERTIFICATE of interested persons and corporate disclosure statement by Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

6

Case reassigned to Judge Virginia M. Hernandez Covington. Judge John E. Steele no longer assigned to the case. New case number: 2:04-cv-364-FTM-33SPC (LAG, ) (Entered: 09/21/2004)

Sept. 21, 2004

Sept. 21, 2004

7

AFFIDAVIT OF LOST SUMMONS/RETURN of service executed on 9/21/04 by Equal Employment Opportunity Commission as to Acculab Laboratories, Inc.. (slu, ) (Entered: 09/28/2004)

Sept. 27, 2004

Sept. 27, 2004

8

ANSWER to complaint and Affirmative defenses by Acculab Laboratories, Inc. (apv) (Entered: 10/13/2004)

Oct. 8, 2004

Oct. 8, 2004

9

CERTIFICATE of interested persons and corporate disclosure statement by Acculab Laboratories, Inc. (apv) (Entered: 10/13/2004)

Oct. 8, 2004

Oct. 8, 2004

10

NOTICE of pendency of other actions re order of compliance to Local Rule by Acculab Laboratories, Inc. Related case(s): none (apv) (Entered: 10/13/2004)

Oct. 8, 2004

Oct. 8, 2004

11

UNOPPOSED MOTION and incorporated memorandum of law to intervene by Michelle Maus. (slu, ) (Entered: 11/15/2004)

Nov. 12, 2004

Nov. 12, 2004

12

ORDER granting 11 the Intervenor Michelle Maus' Unopposed Motion to Intervene. The Clerk is directed to file the Complaint of the Intervenor Plaintiff Michelle Maus attached to the Motion as Exhibit A with the Court. Signed by Judge Sheri Polster Chappell on 11/29/2004. (lmh, ) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

14

DEMAND for trial by Jury by Michelle Maus. (slu, ) (Entered: 12/01/2004)

Nov. 29, 2004

Nov. 29, 2004

15

CASE MANAGEMENT REPORT. (Brown, Jennifer) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

16

NOTICE of pendency of other actions re order of compliance to Local Rule by Michelle Maus Related case(s): no (Gunter, Jason) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

17

ANSWER to intervenor complaint by Acculab Laboratories, Inc.(bls) (Entered: 12/23/2004)

Dec. 22, 2004

Dec. 22, 2004

18

CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Sheri Polster Chappell on 1/7/2005. (LAG, ) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

19

NOTICE by Michelle Maus Rule 26 Initial Disclosures (Gunter, Jason) Modified on 1/11/2005 (slu). COUNSEL NOTIFIED OF LOCAL RULE 3.03 AND FILING OF DISCOVERY MATERIAL (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

20

NOTICE of unavailability of counsel byAcculab Laboratories, Inc., Acculab Laboratories, Inc. from December 17, 2005 to December 27, 2005. (Howard, Roy) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

21

NOTICE of Appearance by Michael G. Brown on behalf of Acculab Laboratories, Inc. (Brown, Michael) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

22

NOTICE by Acculab Laboratories, Inc. of Taking Deposition of Michelle Maus (Brown, Michael) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

23

NOTICE of unavailability of counsel byEqual Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

24

NOTICE of unavailability of counsel byAcculab Laboratories, Inc. from December 16, 2005 to December 23, 2005. (Brown, Michael) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

25

Joint MOTION to extend time to Conduct Mediation, Pre-Trial Filings and Trial Date by Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

26

ENDORSED ORDER granting 25 Joint Motion for Extension of Time to Conduct Mediation, Conduct Two Depositions, File Pre-Trial Materials and Extend the Trial Date. The motion is granted; however, the date for the Pre-Trial Conference will be scheduled separately by the clerk's office. Signed by Judge Virginia M. Hernandez Covington on 12/13/2005. (agm) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

27

NOTICE by Equal Employment Opportunity Commission Notice of Mediation (Dreilinger, Lauren) (Entered: 12/14/2005)

Dec. 14, 2005

Dec. 14, 2005

28

AMENDED NOTICE of Hearing: Final Pretrial Conference set for 5/4/2006 11:00 AM in Courtroom B before Judge Virginia M. Hernandez Covington. Jury Trial set for 3/6/2006 09:00 AM in Courtroom B before Judge Virginia M. Hernandez Covington. (laf) (Entered: 12/14/2005)

Dec. 14, 2005

Dec. 14, 2005

30

MEDIATION REPORT Hearing held on 2/10/2006 Hearing outcome: IMPASSE(Singletary, Cary) (Entered: 02/16/2006)

Feb. 16, 2006

Feb. 16, 2006

31

JOINT PRETRIAL STATEMENT filed by Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4 # 5)(Dreilinger, Lauren). Modified on 5/15/2006 to correct title (RKM). (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

32

EXHIBIT LIST and Plaintiffs' Exhibits by Equal Employment Opportunity Commission.. (Attachments: # 1 # 2)(Dreilinger, Lauren) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

33

PROPOSED jury instructions by Equal Employment Opportunity Commission. (Dreilinger, Lauren) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

34

PROPOSED verdict form filed byEqual Employment Opportunity Commission. (Dreilinger, Lauren) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

35

PROPOSED voir dire questions by Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

36

PROPOSED voir dire questions by Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

37

NOTICE by Acculab Laboratories, Inc. re 32 Exhibit List Defendant's Exhibit List (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit)(Brown, Michael) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

38

TRIAL BRIEF Plaintiffs by Equal Employment Opportunity Commission. (Dreilinger, Lauren) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

39

MOTION in limine by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Curtin, Nora) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

40

TRIAL BRIEF Defendant's Trial Brief by Acculab Laboratories, Inc.. (Brewer, Mark) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

41

NOTICE of Appearance by Mark Paxton Brewer on behalf of Acculab Laboratories, Inc. (Brewer, Mark) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

42

ORDER deferring ruling on 39 Plaintiff's Motion in Limine to Exclude Evidence Regarding Certain Documents Identified as Exhibits by Defendant. The Court defers ruling on Plaintiff's Motion in Limine 39 until such time as a trial is imminent. Signed by Judge Virginia M. Hernandez Covington on 4/12/2006. (agm) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

43

AMENDED NOTICE of Hearing: Final Pretrial Conference RESET for 5/30/2006 09:00 AM in Courtroom A before Judge John E. Steele. (laf) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

44

AMENDED NOTICE of Hearing: Jury Trial set for term commencing 6/5/2006 in Courtroom A before Judge John E. Steele. (laf) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

46

NOTICE by Acculab Laboratories, Inc. Change of Counsel (Brewer, Mark) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

47

AMENDED NOTICE of Hearing: Final Pretrial Conference set for 5/30/2006 09:00 AM before Judge John E. Steele. Jury Trial set for term commencing 6/5/2006 before Judge John E. Steele. (laf, ) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

48

AMENDED NOTICE of Hearing: Final Pretrial Conference set for 5/30/2006 09:00 AM in Courtroom A before Judge John E. Steele. (laf, ) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

49

FINAL AMENDED NOTICE of Hearing: Final Pretrial Conference set for 5/22/2006 09:00 AM before Judge John E. Steele. (laf, ) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

50

TRIAL CALENDAR for trial term June 2006. Jury Trial set for trial term commending 6/5/2006 before Judge John E. Steele. Signed by Judge John E. Steele on 5/9/2006. (BMA ) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

51

AMENDED TRIAL CALENDAR (to correct a clerical error). Signed by Judge John E. Steele on 5/10/2006. (BMA ) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

52

MINUTE ENTRY for proceedings held before Judge John E. Steele : FINAL PRETRIAL CONFERENCE held on 5/22/2006. Court Reporter: Jeffrey G. Thomas (BMA ) Attachment added on 5/22/2006 (BMA ). Modified on 5/22/2006 to correct attorney appearances (BMA ). (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

53

ORDER granting oral motion to compel production of documents. Defendant Acculab Laboratories, Inc. shall provide plaintiff with its 2004 and 2005 income tax returns and year-end statements no later than June 5, 2006. Signed by Judge John E. Steele on 5/22/2006. (RKM) Modified on 5/22/2006 (slu). (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

Case Reassigned to Unassigned Judge. New case number: 2:04-cv-364-FtM-99SPC. Judge Virginia M. Hernandez Covington no longer assigned to the case. (slu) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

54

NOTICE of Hearing: Jury Trial set for 6/27/2006 at 09:00 AM in Courtroom A before Judge Gregory A. Presnell. (BMA ) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

55

NOTICE OF FILING CONSENT DECREE for court approval by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree)(Dreilinger, Lauren) Modified on 5/31/2006 (slu). (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

56

ORDER directing the Clerk to enter Judgment adopting the attached endorsed Consent Decree with the Court retaining jurisdiction over its enforcement and by attaching a copy of the Consent Decree to said judgment. The Clerk shall terminate all deadlines, including trial, and close the case. Signed by Judge John E. Steele on 6/12/2006. (Attachments: #(1) Consent Decree)(RKM) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

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: July 6, 2004

Closing Date: 2009

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

Acculab Laboratories, Inc. (Port Charlotte), Private Entity/Person

Acculab Laboratories, Inc., Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

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: 25000

Order Duration: 2006 - 2009

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

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit