Case: EEOC v. Bay State Milling Company

2:12-cv-14439 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 10, 2012

Closed Date: Aug. 18, 2014

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Case Summary

After an unsuccessful attempt to reach a pre-litigation settlement through its conciliation process, on January 25, 2013, the Equal Employment Opportunity Commission ("EEOC") filed this lawsuit in the U.S. District Court for the Southern District of Florida. The EEOC alleged violations of the Age Discrimination in Employment Act ("ADEA") and the Fair Labor Standards Act ("FLSA") against Bay State Milling Company. Specifically, the EEOC alleged that the defendant discriminated against a qualified applicant when the hiring manager rejected him because of his age. The hiring manager informed the applicant of the company's desire to hire a younger individual for the job. The company ultimately hired a 22-year-old with less experience than the applicant. The EEOC sought injunctive and monetary relief as well reinstatement of the affected individual. District Judge Donald L. Graham was assigned to this case.

The parties agreed upon a settlement agreement on November 12, 2013. The two-year consent decree settling the lawsuit, approved by the court on December 10, 2013, included injunctive relief to ban the defendant from considering age as a factor when making hiring decisions, mandatory training for the hiring manager, and interviewing officials and the company's human resources department, with an emphasis on age-related discriminatory practices and age sensitivity. The decree also provided for a number of reporting requirements, subjecting the company to additional monitoring by the EEOC for a period of two years. The monetary award was $80,185.66, which included back pay and liquidated damages.

On May 5, 2014, the individual plaintiff moved to vacate the settlement, proceeding pro se because of a dispute in the settlement amount. The defendant opposed the plaintiff’s motion.

On July 25, 2014, the matter was referred to Magistrate Judge Jonathan Goodman who issued a Report and Recommendation. On August 17, 2014, District Judge Graham adopted the Magistrate’s reports. He denied the plaintiff’s motion to vacate the settlement agreement and granted in part and denied in part the defendant’s motion to enforce settlement by: (i) ordering the plaintiff to execute a W-9 form; (ii) requiring defendant to, as soon as practicable, pay the plaintiff after he provides defendant with his W-9 form; and (iii) denying defendant's request for attorney's fees.

This case is closed.

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Summary Authors

Susie Choi (3/8/2017)

Documents in the Clearinghouse

	Document
2:13-cv-14032	Docket [PACER] Legore v. Bay State Milling Company	Aug. 18, 2014	Aug. 18, 2014 Docket
2:12-cv-14439	Docket [PACER] Equal Employment Opportunity Commission v. Bay State Milling Company	Aug. 18, 2014	Aug. 18, 2014 Docket
2:12-cv-14439	Docket Equal Employment Opportunity Commission v. Bay State Milling Company	Aug. 18, 2014	Aug. 18, 2014 Docket
1 2:12-cv-14439	Complaint	Dec. 10, 2012	Dec. 10, 2012 Complaint
1 2:13-cv-14032	Complaint Legore v. Bay State Milling Company	Jan. 25, 2013	Jan. 25, 2013 Complaint
37 2:12-cv-14439	Order on Defendant's Motion to Compel Equal Employment Opportunity Commission v. Bay State Milling Co.	June 18, 2013	June 18, 2013 Order/Opinion
34 2:13-cv-14032	Amended Complaint Legore v. Bay State Milling Company	Aug. 23, 2013	Aug. 23, 2013 Complaint
70 2:12-cv-14439	Consent Decree	Dec. 10, 2013	Dec. 10, 2013 Order/Opinion
	Bay State Milling Company to Pay $80K to Settle EEOC Hiring Discrimination Case [NA] No Court	Dec. 11, 2013	Dec. 11, 2013 Press Release
91 2:12-cv-14439 2:13-cv-14032	Order and Omnibus Report and Recommendations on Cross-Motions Regarding Vacating or Enforcing Settlement	July 25, 2014	July 25, 2014 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4234740/equal-employment-opportunity-commission-v-bay-state-milling-company/

Last updated April 8, 2025, 11:16 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Bay State Milling Company. Filing fee $ 350.00. USA Filer - No Filing Fee Required, filed by Eeoc. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Golson, Aarrin) (Entered: 12/10/2012) 1 Civil Cover Sheet View on PACER 2 Summon(s) View on PACER	Dec. 10, 2012	Dec. 10, 2012 Clearinghouse
2	Judge Assignment to Judge Donald L. Graham and Magistrate Judge Frank J. Lynch, Jr (tpl) (Entered: 12/10/2012)	Dec. 10, 2012	Dec. 10, 2012
3	Summons Issued as to Bay State Milling Company. (tpl) (Entered: 12/10/2012)	Dec. 10, 2012	Dec. 10, 2012
4	Bar Letter re: Admissions sent to attorneys James L. Lee and Gwendolyn Y. Reams, mailing date December 11, 2012. (ksa) (Entered: 12/11/2012)	Dec. 11, 2012	Dec. 11, 2012
5	Defendant's ANSWER and Affirmative Defenses to Complaint by Bay State Milling Company.(Schwartz, Jennifer) (Entered: 01/02/2013)	Jan. 2, 2013	Jan. 2, 2013 RECAP
6	NOTICE of Attorney Appearance by Kim M. Lucas on behalf of Bay State Milling Company (Lucas, Kim) (Entered: 01/02/2013)	Jan. 2, 2013	Jan. 2, 2013
7	Corporate Disclosure Statement by Bay State Milling Company (Schwartz, Jennifer) (Entered: 01/02/2013)	Jan. 2, 2013	Jan. 2, 2013
8	ORDER Setting Status Conference: Telephonic Status Conference set for 2/6/2013 02:00 PM before Judge Donald L. Graham. Signed by Judge Donald L. Graham on 1/4/2013. (lbc) (Entered: 01/07/2013)	Jan. 4, 2013	Jan. 4, 2013
9	Clerk's Notice of Undeliverable Mail re 2 Judge Assignment. US Mail returned for: Attorney P. David Lopez . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (cqs) (Entered: 01/08/2013)	Jan. 8, 2013	Jan. 8, 2013
10	NOTICE by Equal Employment Opportunity Commission of Pending Similar Action (Golson, Aarrin) (Entered: 01/31/2013)	Jan. 31, 2013	Jan. 31, 2013
11	STATUS REPORT by Bay State Milling Company, Equal Employment Opportunity Commission (Schwartz, Jennifer) (Entered: 01/31/2013)	Jan. 31, 2013	Jan. 31, 2013
12	CONSENT to Jurisdiction by US Magistrate Judge by Bay State Milling Company, Equal Employment Opportunity Commission (Lucas, Kim) (Entered: 01/31/2013)	Jan. 31, 2013	Jan. 31, 2013
13	Minute Entry for proceedings held before Judge Donald L. Graham: Status Conference held on 2/6/2013. Court Reporter: Carly Horenkamp, 305-523-5138 / Carleen_Horenkamp@flsd.uscourts.gov (cf) (Entered: 02/06/2013)	Feb. 6, 2013	Feb. 6, 2013
14	SCHEDULING ORDER. Telephonic Pretrial Conference set for 10/16/2013 02:00 PM before Judge Donald L. Graham. Jury Trial set for 11/18/2013 before Judge Donald L. Graham. Telephonic Calendar Call set for 11/13/2013 02:00 PM before Judge Donald L. Graham. Amended Pleadings due by 5/24/2013. Discovery due by 8/30/2013. Joinder of Parties due by 5/24/2013. Motions due by 9/9/2013. Pretrial Stipulation due by 10/11/2013. Notice of Court Practice. Signed by Judge Donald L. Graham on 2/20/2013. (lbc) (Entered: 02/21/2013)	Feb. 20, 2013	Feb. 20, 2013
15	ORDER REFERRING CASE to Mediation. Signed by Judge Donald L. Graham on 2/20/2013. (lbc) (Entered: 02/21/2013)	Feb. 20, 2013	Feb. 20, 2013
16	ORDER REFERRING CASE to Magistrate Judge Frank J. Lynch, Jr for Discovery Proceedings. Signed by Judge Donald L. Graham on 2/20/2013. (lbc) (Entered: 02/21/2013)	Feb. 20, 2013	Feb. 20, 2013
17	Notice of Mediation Hearing before Mediator, Cori Flam Meltzer filed by Cori Flam Meltzer. Mediation Hearing set for 3/8/2013 09:30 AM (Meltzer, Cori) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
18	ORDER Scheduling Mediation before Cathleen Scott. Mediation Hearing set for 3/8/2013 09:30 AM. Signed by Judge Donald L. Graham on 2/28/2013. (lbc) (Entered: 02/28/2013)	Feb. 28, 2013	Feb. 28, 2013
19	Clerk's Notice of Undeliverable Mail re 8 Order Setting Status Conference. US Mail returned for: ATTORNEY P. DAVID LOPEZ . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc) (Entered: 03/08/2013)	March 8, 2013	March 8, 2013
20	Clerk's Notice of Undeliverable Mail re 13 Status Conference. US Mail returned for: ATTORNEY P. DAVID LOPEZ . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc) (Entered: 03/11/2013)	March 11, 2013	March 11, 2013
21	FINAL MEDIATION REPORT by Cori Flam Meltzer. Disposition: Case did not settle.(Meltzer, Cori) (Entered: 03/12/2013)	March 12, 2013	March 12, 2013
22	Motion to Compel 1 Exhibit A - Discovery Requests View on PACER 2 Exhibit B - EEOC Letter View on PACER 3 Exhibit C - Notice of Deposition View on PACER 4 Exhibit D - March 12 Letter View on PACER 5 Exhibit E - March 20 Letter View on PACER 6 Exhibit F - March 26 e-mail View on PACER 7 Exhibit G - March 27 e-mail View on PACER 8 Exhibit H - March 28 e-mail View on PACER 9 Exhibit I - March 29 e-mail View on PACER 10 Exhibit J - April 1 e-mail View on PACER	April 2, 2013	April 2, 2013
23	Order	April 3, 2013	April 3, 2013
24	Response in Opposition to Motion	April 10, 2013	April 10, 2013
25	Reply to Response to Motion 1 Exhibit A View on PACER	April 10, 2013	April 10, 2013
26	Motion for Extension of Time to File Response/Reply 1 Text of Proposed Order Proposed Order for Extension of Time View on PACER	April 10, 2013	April 10, 2013
27	Response to Motion 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	April 10, 2013	April 10, 2013
29	Order on Motion for Extension of Time to File Response/Reply	April 10, 2013	April 10, 2013
28	Order on Motion to Compel	April 11, 2013	April 11, 2013
30	Notice of Attorney Appearance	April 11, 2013	April 11, 2013
31	Order	April 12, 2013	April 12, 2013
32	Motion to Compel 1 Exhibit A - Discovery Requests View on PACER 2 Exhibit B - Letter View on PACER 3 Exhibit C - Discovery Responses View on PACER 4 Exhibit D - Privilege Logs View on PACER 5 Exhibit E - Letter View on PACER 6 Exhibit F - Letter View on PACER 7 Exhibit G - Email View on PACER 8 Exhibit H - Letter View on PACER 9 Exhibit I - Email View on PACER 10 Exhibit J - Supplemental Discovery Responses View on PACER 11 Exhibit K - Email View on PACER 12 Exhibit L - Email View on PACER	May 24, 2013	May 24, 2013
33	Motion for Extension of Time	June 4, 2013	June 4, 2013
34	Order on Motion for Extension of Time	June 4, 2013	June 4, 2013
35	Response in Opposition to Motion 1 Exhibit A - Email 3/27 View on PACER 2 Exhibit B - Email 4/22 View on PACER 3 Exhibit C - Affidavit View on PACER 4 Exhibit D - Privelege Log View on PACER 5 Exhibit E - Chair Declaration View on PACER 6 Exhibit F - Email 5/8 View on PACER	June 10, 2013	June 10, 2013
36	Reply to Response to Motion 1 Exhibit A - Email View on PACER	June 14, 2013	June 14, 2013
37	Order on Motion to Compel	June 18, 2013	June 18, 2013 Clearinghouse
38	Motion for Extension of Time 1 Text of Proposed Order View on PACER	Sept. 5, 2013	Sept. 5, 2013
39	Order on Motion for Extension of Time	Sept. 9, 2013	Sept. 9, 2013
40	Motion for Summary Judgment	Sept. 16, 2013	Sept. 16, 2013
41	Statement	Sept. 16, 2013	Sept. 16, 2013
42	Notice (Other) 1 Exhibit A - Excerpts - Legore View on PACER 2 Exhibit B - Excerpts - Hawkes View on PACER 3 Exhibit C - Excerpts - Galluzzo View on PACER 4 Exhibit D - Excerpts - Long View on PACER 5 Exhibit E - Excerpts - Wunderly View on PACER 6 Exhibit F - Excerpts - Dooley View on PACER 7 Exhibit G - Excerpts - Raiola View on PACER 8 Exhibit H - Affidavit - Raiola View on PACER	Sept. 16, 2013	Sept. 16, 2013
43	Motion for Extension of Time	Sept. 18, 2013	Sept. 18, 2013
44	Order on Motion for Extension of Time	Sept. 19, 2013	Sept. 19, 2013
45	Motion to Stay 1 Exhibit View on PACER 2 Exhibit View on PACER	Oct. 1, 2013	Oct. 1, 2013
46	Order on Motion to Stay	Oct. 3, 2013	Oct. 3, 2013
47	Order Cancelling Deadline/Hearing	Oct. 15, 2013	Oct. 15, 2013
48	Order Lifting Stay	Oct. 17, 2013	Oct. 17, 2013
49	Scheduling Order	Oct. 17, 2013	Oct. 17, 2013
50	Notice (Other)	Oct. 23, 2013	Oct. 23, 2013
51	Response in Opposition to Motion	Oct. 23, 2013	Oct. 23, 2013
52	Statement	Oct. 23, 2013	Oct. 23, 2013
53	Notice (Other) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Exhibit View on PACER 17 Exhibit View on PACER 18 Exhibit View on PACER 19 Exhibit View on PACER 20 Exhibit View on PACER 21 Exhibit View on PACER 22 Exhibit View on PACER 23 Exhibit View on PACER 24 Exhibit View on PACER 25 Exhibit View on PACER 26 Exhibit View on PACER 27 Exhibit View on PACER 28 Exhibit View on PACER 29 Exhibit View on PACER 30 Exhibit View on PACER 31 Exhibit View on PACER 32 Exhibit View on PACER 33 Exhibit View on PACER 34 Exhibit View on PACER	Oct. 23, 2013	Oct. 23, 2013
	Attorney Kim M. Lucas terminated PER DE 50 . (lbc) (Entered: 10/23/2013)	Oct. 23, 2013	Oct. 23, 2013
54	Notice (Other)	Oct. 24, 2013	Oct. 24, 2013
55	Response in Opposition to Motion	Oct. 24, 2013	Oct. 24, 2013
56	Motion for Miscellaneous Relief	Oct. 24, 2013	Oct. 24, 2013
57	Reply to Response to Motion	Nov. 1, 2013	Nov. 1, 2013
58	Notice of Striking	Nov. 1, 2013	Nov. 1, 2013
59	Response/Reply (Other)	Nov. 1, 2013	Nov. 1, 2013
60	Scheduling Order	Nov. 4, 2013	Nov. 4, 2013
61	Notice of Attorney Appearance	Nov. 4, 2013	Nov. 4, 2013
62	Order Referring Case to Judge	Nov. 5, 2013	Nov. 5, 2013
63	Order	Nov. 5, 2013	Nov. 5, 2013
64	Motion to Consolidate Cases	Nov. 6, 2013	Nov. 6, 2013
65	Endorsed Order	Nov. 6, 2013	Nov. 6, 2013
66	Settlement Conference	Nov. 12, 2013	Nov. 12, 2013
67	Order 1 "Mediation" E-Mail View on PACER 2 "Release" E-Mail View on PACER 3 "Downstairs" E-Mail View on PACER	Nov. 18, 2013	Nov. 18, 2013
68	Order 1 "Life" E-Mail View on PACER 2 "Donna m ballman" E-Mail View on PACER	Nov. 19, 2013	Nov. 19, 2013
69	Motion for Miscellaneous Relief 1 Exhibit Consent Decree View on PACER	Nov. 22, 2013	Nov. 22, 2013
70	Order on Motion for Miscellaneous Relief	Dec. 10, 2013	Dec. 10, 2013 Clearinghouse
71	Administrative Order	Dec. 27, 2013	Dec. 27, 2013
72	Motion to Continue 1 Text of Proposed Order Proposed Order View on PACER	Jan. 6, 2014	Jan. 6, 2014
73	Order on Motion to Continue	Jan. 7, 2014	Jan. 7, 2014
74	Endorsed Order	Jan. 17, 2014	Jan. 17, 2014
75	Status Conference	Jan. 22, 2014	Jan. 22, 2014
76	Order	Jan. 23, 2014	Jan. 23, 2014
77	Sealed Document	Jan. 29, 2014	Jan. 29, 2014 RECAP
78	Motion to Vacate	March 5, 2014	March 5, 2014
79	Order Referring Motion	March 5, 2014	March 5, 2014
80	Order	March 6, 2014	March 6, 2014
81	Response in Opposition to Motion 1 Exhibit A View on PACER 2 Exhibit B View on PACER	March 10, 2014	March 10, 2014
82	Order	March 14, 2014	March 14, 2014
83	Motion for Extension of Time to File Response/Reply 1 Text of Proposed Order Proposed Order Granting Motion View on PACER	March 17, 2014	March 17, 2014
84	Order on Motion for Extension of Time to File Response/Reply	March 17, 2014	March 17, 2014
85	Response/Reply (Other) 1 Exhibit A: Final Consent Decree View on PACER 2 Exhibit B: Email from Jennifer Schwartz - REDACTED View on PACER	March 24, 2014	March 24, 2014
86	Response to Motion 1 Exhibit A: Final Consent Decree View on PACER 2 Exhibit B: Email from Jennifer Schwartz - REDACTED View on PACER	March 24, 2014	March 24, 2014
87	Order	March 24, 2014	March 24, 2014
88	Response/Reply (Other) 1 Exhibit A - composite View on PACER	April 1, 2014	April 1, 2014
89	Order Referring Case to Judge	July 15, 2014	July 15, 2014
90	Transcript	July 21, 2014	July 21, 2014
91	Report and Recommendations	July 25, 2014	July 25, 2014 Clearinghouse
92	Endorsed Order	July 25, 2014	July 25, 2014
93	Notice of Compliance	July 28, 2014	July 28, 2014
94	Objections to Report and Recommendations	Aug. 6, 2014	Aug. 6, 2014
95	Order on Motion to Vacate	Aug. 18, 2014	Aug. 18, 2014 Clearinghouse

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Case Details

State / Territory:

Florida

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 10, 2012

Closing Date: Aug. 18, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Bay State Milling Company

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Other Dockets:

Southern District of Florida 2:12-cv-14439

Southern District of Florida 2:13-cv-14032

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Provide antidiscrimination training

Reinstatement (job, contract, grant, etc.)

Reporting

Retaliation Prohibition

Amount Defendant Pays: $80,185.66

Order Duration: 2013 - 2015

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. Bay State Milling Company, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/13343/ (last updated 3/8/2017).