Case: EEOC v. CON-WAY TRUCKING

8:03-cv-02043 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 30, 2003

Closed Date: May 20, 2005

Clearinghouse coding complete

Case Summary

In September 2003, the Tampa Area Office (with participation from the Miami District Office) filed this suit against Con-Way Transportation Services, Inc. in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the three charging parties, Cuban employees, to a hostile work environment consisting of ethnically o…

In September 2003, the Tampa Area Office (with participation from the Miami District Office) filed this suit against Con-Way Transportation Services, Inc. in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant subjected the three charging parties, Cuban employees, to a hostile work environment consisting of ethnically offensive comments and jokes. In addition, the defendant retaliated against the charging parties after they complained of the discrimination by unfairly disciplining them, changing their work routes, taking away their breaks, and assigning them less desirable job tasks. In January 2004, the charging parties intervened in the suit. After participating in an unsuccessful mediation process in August 2004, the defendant filed motions of summary judgment against the EEOC and each of the charging parties in January 2005. Before a judgment was reached on these motions, the parties settled through a consent decree in May 2005.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: distribute its anti-discrimination policy, provide annual Title VII training, provide the charging parties with neutral letters of reference, post a Title VII notice, and report to the EEOC annually. In addition, the defendant agreed to pay $240,000. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Michele Marxkors (6/12/2007)

Clearinghouse (6/13/2017)

Documents in the Clearinghouse

Document

8:03-cv-02043

Docket (PACER)

United States Equal Employment Opportunity Commission v. Con-Way Transportation Services, Inc.

May 20, 2005

May 20, 2005

Docket
1

8:03-cv-02043

Complaint

United States Equal Employment Opportunity Commission v. Con-Way Transportation Services, Inc.

Sept. 30, 2003

Sept. 30, 2003

Complaint
12

8:03-cv-02043

[Amended] Complaint

United States Equal Employment Opportunity Commission v. Con-Way Transportation Services, Inc.

Feb. 19, 2004

Feb. 19, 2004

Complaint
46

8:03-cv-02043

Consent Decree

United States Equal Employment Opportunity Commission v. Con-Way Transportation Services, Inc.

May 16, 2005

May 16, 2005

Settlement Agreement

Resources

Docket

Last updated March 19, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for injunctive relief sought filed; jury demand Filing fee waived. (wlb) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

SUMMONS(ES) issued for Con-Way Transport. Consent(s) issued. (wlb) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Thomas G. Wilson (wlb) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

2

Case Management Notice. (wlb) (Entered: 10/06/2003)

Oct. 3, 2003

Oct. 3, 2003

3

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (wlb) (Entered: 10/06/2003)

Oct. 3, 2003

Oct. 3, 2003

4

ANSWER and affirmative defenses to [1-1] complaint by Con-Way Transport. (wlb) (Entered: 11/26/2003)

Nov. 25, 2003

Nov. 25, 2003

5

MOTION with memorandum in support to intervene by Juan C. Fonseca, Yuly Vazquez-Enriquez, Hector Cepeda (original signed complaint in intervention attached) (ag) (Entered: 12/30/2003)

Dec. 29, 2003

Dec. 29, 2003

6

APPEARANCE of non-resident counsel and designation of local counsel as to Con-Way Transportation. Local counsel: Angelique Groza Lyons, Michael D. Malfitano, John W. Campbell. Non-resident counsel: Frank B. Shuster. (mrh) (Entered: 12/30/2003)

Dec. 29, 2003

Dec. 29, 2003

7

CASE MANAGEMENT REPORT (wlb) (Entered: 01/20/2004)

Jan. 16, 2004

Jan. 16, 2004

8

ORDER granting [5-1] motion to intervene by Juan C. Fonseca, Yuly Vazquez-Enriquez, Hector Cepeda set amended complaint deadline at 2/17/04 for United States Equal ( Signed by Judge James D. Whittemore ) ctc (wlb) (Entered: 02/02/2004)

Jan. 30, 2004

Jan. 30, 2004

9

CASE MANAGEMENT AND SCHEDULING ORDER setting Discovery cutoff 9/30/04 ; dispositive motion filing deadline for 11/1/04 Pretrial statement due on or before 3/8/05 ; Pretrial conference for 10:00 3/11/05 ; Scheduled for Judge James D. Whittemore; Jury trial set for 4/4/05 before Judge James D. Whittemore ( signed by Judge James D. Whittemore ) ctc (jlh) Modified on 02/06/2004 (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

DEADLINE updated; set jury trial for 4/4/05 scheduled for Judge James D. Whittemore (jlh) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

10

NOTICE by United States Equal of unavailability of counsel from 2/13/04 to 3/8/04 (wlb) (Entered: 02/11/2004)

Feb. 10, 2004

Feb. 10, 2004

11

NOTICE of filing amended complaint by United States Equal Employment Opportunity Commission. (jab) (Entered: 02/20/2004)

Feb. 19, 2004

Feb. 19, 2004

12

AMENDED COMPLAINT by United States Equal amending [1-1] complaint. (Answer due 3/8/04 for Con-Way Transport.); jury demand. (jab) (Entered: 02/20/2004)

Feb. 19, 2004

Feb. 19, 2004

13

ANSWER and affirmative defenses by Con-Way Transport. to [12-1] amended complaint. (wlb) (Entered: 03/09/2004)

March 8, 2004

March 8, 2004

15

WITNESS LIST by Con-Way Transportation Services, Inc.. (Campbell, John) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

16

WITNESS LIST by Juan C. Fonseca. (Thompson, James) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

17

MEDIATION REPORT Hearing held on 8/24/2004 Hearing outcome: IMPASSE(Singletary, Cary) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

18

First MOTION for Extension of Time to Complete Discovery Consent Motion by Con-Way Transportation Services, Inc.. (Campbell, John) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

Set/reset deadlines: Discovery due by 9/30/2004. Dispositive Motions due by 11/1/2004. Pretrial statement due by 3/8/2005. (KIT) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

Set Deadlines/Hearings: Jury Trial set for the Month of April beginning 4/4/2005 in Courtroom 13B before Judge James D. Whittemore. Final Pretrial Conference set for 3/11/2005 10:00 AM in Courtroom 13B before Judge James D. Whittemore. (KIT) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

19

ORDER granting the 18 Joint Stipulation and Motion to Extend Discovery Deadline and Unopposed Motion to Extend the Case Management and Scheduling Order Dates. [see order for new deadlines and trial dates]. Signed by Judge James D. Whittemore on 10/12/2004. (kle) (Entered: 10/12/2004)

Oct. 12, 2004

Oct. 12, 2004

20

Second MOTION for Extension of Time to Complete Discovery by Con- Way Transportation Services, Inc.. (Campbell, John) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

21

ENDORSED ORDER granting 20 Joint Stipulation and Motion to Extend the Discovery Deadline for Defendant to Continue the Deposition of Plaintiff Yuly Vazquez Enriquez. The parties shall have up to and including 12/6/04 to complete the deposition of Plaintiff Yuly Vazquez Enriquez. By Judge James D. Whittemore on 11/23/2004. (kle) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

22

MOTION for summary judgment against Plaintiff Fonseca by Con-Way Transportation Services, Inc.. (Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

23

MEMORANDUM in support re 22 Motion for summary judgment against Plaintiff Fonseca filed by Con-Way Transportation Services, Inc.. (Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

24

NOTICE by Con-Way Transportation Services, Inc. re 22 MOTION for summary judgment against Plaintiff Fonseca , 23 Memorandum in support of filing exhibits in support in motion for summary judgment against Plaintiff Fonseca (Attachments: # 1 Affidavit Kerbo# 2 Affidavit Shoaf# 3 Affidavit Garcia# 4 Declaration of Holland# 5 Declaration of Davis# 6 Declaration of McCain# 7 Declaration McKell# 8 Declaration of Quarles# 9 Fonseca deposition excerpts.part 1# 10 Fonseca deposition excerpts.part 2# 11 Shoaf deposition excerpts# 12 Kerbo deposition excerpts)(Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

25

MOTION for summary judgment against Plaintiff Cepeda by Con-Way Transportation Services, Inc.. (Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

26

MEMORANDUM in support re 25 Motion for summary judgment against Plaintiff Cepeda filed by Con-Way Transportation Services, Inc.. (Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

27

NOTICE by Con-Way Transportation Services, Inc. re 26 Memorandum in support, 25 MOTION for summary judgment against Plaintiff Cepeda of filing exhibits in support of motion for summary judgment against Plaintiff Cepeda (Attachments: # 1 Affidavit of Kerbo# 2 Affidavit of Shoaf# 3 Affidavit of Garcia# 4 Declaration of Davis# 5 Declaration of McCain# 6 Cepeda deposition excerpts# 7 Shoaf deposition excerpts# 8 Kerbo deposition excerpts# 9 Hamelin deposition excerpts)(Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

28

MOTION for leave to file excess pages by Con-Way Transportation Services, Inc.. (Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

29

MOTION for summary judgment against Plaintiff Enriquez by Con-Way Transportation Services, Inc.. (Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

30

MEMORANDUM in support re 29 Motion for summary judgment against Plaintiff Enriquez filed by Con-Way Transportation Services, Inc.. (Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

31

NOTICE by Con-Way Transportation Services, Inc. re 29 MOTION for summary judgment against Plaintiff Enriquez , 30 Memorandum in support of filing exhibits in support of motion for summary judgment against Plaintiff Enriquez (Attachments: # 1 Affidavit of Kerbo# 2 Affidavit of Shoaf# 3 Affidavit of Garcia# 4 Enriquez deposition excerpts.part 1# 5 Enriquez deposition excerpts.part 2# 6 Kerbo deposition excerpts# 7 Shoaf deposition excerpts)(Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

32

MOTION for summary judgment against United States Equal Employment Opportunity Commission by Con-Way Transportation Services, Inc.. (Campbell, John) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

33

NOTICE of withdrawal of motion by Con-Way Transportation Services, Inc. re 32 MOTION for summary judgment against United States Equal Employment Opportunity Commission filed by Con-Way Transportation Services, Inc.,. (Campbell, John) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

34

Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motions for Summary Judgment by Juan C. Fonseca. (Thompson, James) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

35

ORDER granting 34 Motion for Extension of Time to File Response/Reply . Signed by Judge James D. Whittemore on 1/13/2005. (kle) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

36

NOTICE:Mediation Conference set for 2/11/2005, 09:30 AM in Courtroom 10 A before Magistrate Judge Mary S. Scriven. (scr) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

37

NOTICE of Hearing: Final Pretrial Conference RESET for 3/9/2005 10:00 AM in Courtroom 13 B before Judge James D. Whittemore. (aho) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

38

AMENDED NOTICE of Hearing: Final Pretrial Conference RESET for 5/6/2005 10:30 AM in Courtroom 13 B before Judge James D. Whittemore. All other deadlines set forth in the Court's October 12, 2004 order remain in effect.(aho) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

39

ENDORSED ORDER granting 28 Defendant's Motion to File A Legal Memorandum in Excess of Twenty Pages. The Court accepts Defendant's 26 page memorandum (Dkt. 30) in support of its Motion for Partial Summary Judgment. By Judge James D. Whittemore on 1/24/2005. (kle) (Entered: 01/24/2005)

Jan. 24, 2005

Jan. 24, 2005

40

Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motions for Summary Judgment and Notice of Conditional Settlement by Juan C. Fonseca. (Thompson, James) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

41

ORDER granting 40 Agreed Motion for Extension of Time to File Plaintiffs' Responses to Defendant's Motions for Summary Judgment. Signed by Judge James D. Whittemore on 2/23/2005. (kle) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

42

NOTICE of Settlement and Undisputed and Agreed Motion to Stay Proceedings to Effectuate Final Settlement and Dismissal by Juan C. Fonseca (Thompson, James) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

43

ORDER directing administrative closure pursuant to the Notice of Settlement (Dkt. 42). The clerk is directed to administratively close this case and terminate any pending motions. Signed by Judge James D. Whittemore on 4/4/2005. (kle) (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

44

ORDER directing administrative closureSigned by Judge James D. Whittemore on 4/5/2005. (wlb) (Entered: 04/14/2005)

April 5, 2005

April 5, 2005

45

NOTICE by United States Equal Employment Opportunity Commission Notice of Filing Consent Decree (Attachments: # 1 Exhibit Consent Decree)(Brown, Jennifer) (Entered: 05/05/2005)

May 5, 2005

May 5, 2005

46

CONSENT DECREE -- Signed by Judge James D. Whittemore on 5/16/2005. (kle) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

47

ORDER - Pursuant to the 46 Consent Decree, the Clerk is directed to close this case. Signed by Judge James D. Whittemore on 5/18/2005. (kle) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: May 20, 2005

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

Con-Way Transportation Services, Inc. (Tampa, FL), 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: 240000

Order Duration: 2005 - 2008

Content of Injunction:

Neutral/Positive Reference

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

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

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Indian