Case: EEOC v. Dynamic Medical Services, Inc.

1:13-cv-21666 | U.S. District Court for the Southern District of Florida

Filed Date: May 8, 2013

Closed Date: Dec. 20, 2013

Clearinghouse coding complete

Case Summary

On May 8, 2013, the EEOC filed suit in U.S. District Court for the Southern District of Florida under 42 U.S.C. § 1981 and 42 U.S.C. § 2000 against Dynamic Medical Services, Inc. The EEOC brought the matter on behalf of several salespeople employed by Dynamic Medical Services, a medical and chiropractic practice, and sought injunctive and monetary relief on their behalf. The plaintiffs alleged disparate treatment based on religion and a hostile working environment. Three named employees later i…

On May 8, 2013, the EEOC filed suit in U.S. District Court for the Southern District of Florida under 42 U.S.C. § 1981 and 42 U.S.C. § 2000 against Dynamic Medical Services, Inc. The EEOC brought the matter on behalf of several salespeople employed by Dynamic Medical Services, a medical and chiropractic practice, and sought injunctive and monetary relief on their behalf. The plaintiffs alleged disparate treatment based on religion and a hostile working environment. Three named employees later intervened in the case as plaintiffs on their own behalf, alleging retaliation under Florida state law.

Specifically, the complaint alleges that the salespeople at Dynamic Medical Services were coerced into adopting Scientology religious views and practices. The complaint states that they were required to attend weekly meetings consisting of Scientology readings and practices and coerced into attending meetings at the local Church of Scientology; one plaintiff alleges a retaliatory firing for not doing so. Examples of Scientology practices here include screaming at an ashtray and staring silently at another person for eight hours.

In filing a motion to dismiss for failure to state a claim, defendants argued that the Scientology practices in question were actually business training methods, and thus not the basis for a claim under the Civil Rights Act. Further, defendants contended that plaintiffs failed to allege that employees articulated sincerely held religious beliefs in conflict with the practices or provide evidence of disparate treatment.

On December 20, 2013, the District Court (Judge Kathleen M. Williams) issued a consent decree approving a settlement in the case. Dynamic Medical Services agreed to pay $170,000 in compensatory damages and consented to a variety of injunctive measures. Dynamic Medical Services agreed to refrain from discriminating on the basis of religion and to accommodate requests based on religious practice. Specifically, they agreed to draft an anti-discrimination policy and submit it to the EEOC for approval. Further, Dynamic Medical Services agreed to ensure that employees are not subjected to hostile work environments. The decree outlined a mechanism for complaint reporting and allowed the EEOC to review compliance with the decree. Finally, the decree called for annual employee training for each year the decree is in effect on procedures for reporting discrimination, harassment, or retaliation and procedures for requesting a religious accommodation.

The decree did not include attorneys' fees. The District Court retained jurisdiction to enforce this decree for four years. As of December 8, 2018, there has been no further activity on the docket and presumably the monitoring period has ended.

Summary Authors

Eric Cole (3/9/2015)

Eva Richardson (12/8/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4235068/parties/equal-employment-opportunity-commission-v-dynamic-medical-services-inc/


Judge(s)
Attorney for Plaintiff

Andre, Beatriz Biscardi (Florida)

Bakov, Angel Petrov (Florida)

Bellows, Anne P. (Florida)

Brown, Jeffrey Grant (Florida)

Attorney for Defendant

Buckstein, Brian D. (Florida)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:13-cv-21666

Docket [PACER]

EEOC v. Dynamic Medical Services

Dec. 20, 2013

Dec. 20, 2013

Docket
1

1:13-cv-21666

Complaint

May 8, 2013

May 8, 2013

Complaint
38

1:13-cv-21666

First Amended Complaint

Oct. 4, 2013

Oct. 4, 2013

Complaint
53

1:13-cv-21666

Order Approving Consent Decree and Dismissing Case

Dec. 8, 2013

Dec. 8, 2013

Order/Opinion

1:13-cv-21666

Dynamic Medical Services To Pay $170,000 To Settle EEOC Religious Discrimination Lawsuit

No Court

Dec. 23, 2013

Dec. 23, 2013

Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4235068/equal-employment-opportunity-commission-v-dynamic-medical-services-inc/

Last updated Feb. 20, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Dynamic Medical Services, Inc.. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Biscardi, Beatriz) (Entered: 05/08/2013)

1 Civil Cover Sheet

View on PACER

2 Summon(s)

View on PACER

May 8, 2013

May 8, 2013

RECAP
2

Judge Assignment to Judge Kathleen M. Williams (ail) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER
3

Summons Issued as to Dynamic Medical Services, Inc.. (ail) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER
4

Unopposed MOTION to Intervene by Rommy Sanchez, Norma Rodriguez and Yanileydis Capote (Attachments: # 1 Appendix Intervention Complaint)(Palma, Zandro) Modified Relief/Filers on 5/28/2013 (ls). (Entered: 05/24/2013)

1 Appendix Intervention Complaint

View on PACER

May 24, 2013

May 24, 2013

PACER
5

Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint by Dynamic Medical Services, Inc.. Attorney Brian D. Buckstein added to party Dynamic Medical Services, Inc.(pty:dft). (Attachments: # 1 Text of Proposed Order)(Buckstein, Brian) (Entered: 05/28/2013)

1 Text of Proposed Order

View on PACER

May 28, 2013

May 28, 2013

PACER
6

Clerks Notice to Filer re 4 MOTION Unnoposed Motion for Leave to Intervene re 1 Complaint . Wrong Motion Relief(s) Selected and Wrong Filer(s) Selected; ERROR - The Filer selected the wrong motion relief(s)and filer(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
7

ORDER granting 5 Unopposed Motion for Extension of Time to Answer RE: Complaints re 1 Complaint, Dynamic Medical Services, Inc. answer due 6/27/2013. Signed by Judge Kathleen M. Williams on 5/28/2013. (ls) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
8

ORDER granting 4 Unopposed Motion to Intervene; Complaint in Intervention due within seven (7) days. Signed by Judge Kathleen M. Williams on 6/11/2013. (ls) (Entered: 06/12/2013)

June 11, 2013

June 11, 2013

RECAP
9

Application for Kevin M. Doherty to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. Filing Fee $ 75.00. Receipt # 60657. (ksa) (Entered: 06/14/2013)

June 13, 2013

June 13, 2013

PACER
10

Application for Devora L. Lindeman to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. Filing Fee $ 75.00. Receipt # 60649. (ksa) (Entered: 06/14/2013)

June 13, 2013

June 13, 2013

PACER
11

ORDER granting 9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting 10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Kathleen M. Williams on 6/14/2013. (ls) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
12

Intervenor COMPLAINT, filed by Yanileydis Capote, Maykel Ruz, Rommy Sanchez, Norma Rodriguez. (Attachments: # 1 Summon(s))(Palma, Zandro) (Entered: 06/14/2013)

1 Summon(s)

View on PACER

June 14, 2013

June 14, 2013

RECAP
13

NOTICE of Filing Proposed Summons(es) by Yanileydis Capote, Maykel Ruz, Rommy Sanchez, Norma Rodriguez re 12 Intervenor Complaint filed by Maykel Ruz, Rommy Sanchez, Yanileydis Capote, Norma Rodriguez (Attachments: # 1 Summon(s))(Palma, Zandro) (Entered: 06/14/2013)

1 Summon(s)

View on PACER

June 14, 2013

June 14, 2013

PACER
14

Summons Issued as to Dynamic Medical Services, Inc.. (ls) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
15

NOTICE of Attorney Appearance by Ruben Martin Saenz on behalf of Yanileydis Capote, Norma Rodriguez, Maykel Ruz, Rommy Sanchez. Attorney Ruben Martin Saenz added to party Yanileydis Capote(pty:intvp), Attorney Ruben Martin Saenz added to party Norma Rodriguez(pty:intvp), Attorney Ruben Martin Saenz added to party Maykel Ruz(pty:intvp), Attorney Ruben Martin Saenz added to party Rommy Sanchez (pty:intvp). (Saenz, Ruben) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
16

NOTICE of Attorney Appearance by Allan H. Weitzman on behalf of Dynamic Medical Services, Inc.. Attorney Allan H. Weitzman added to party Dynamic Medical Services, Inc.(pty:dft). (Weitzman, Allan) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
17

Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint by Dynamic Medical Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Weitzman, Allan) (Entered: 06/25/2013)

1 Text of Proposed Order

View on PACER

June 25, 2013

June 25, 2013

PACER
18

SUMMONS (Affidavit) Returned Executed on 12 Intervenor Complaint with a 21 day response/answer filing deadline by Yanileydis Capote, Maykel Ruz, Rommy Sanchez, Norma Rodriguez. Dynamic Medical Services, Inc. served on 6/25/2013, answer due 7/16/2013. (Palma, Zandro) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

PACER
19

ORDER granting 17 Unopposed Motion for Extension of Time to Answer RE: Complaints re 1 Complaint, Dynamic Medical Services, Inc. answer due 8/12/2013. Signed by Judge Marcia G. Cooke for Judge Kathleen M. Williams on 6/26/2013. (ls) (Entered: 06/27/2013)

June 26, 2013

June 26, 2013

PACER
20

MOTION for Extension of Time to File Answer RE: Complaints re 12 Intervenor Complaint by Dynamic Medical Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Weitzman, Allan) (Entered: 07/11/2013)

1 Text of Proposed Order

View on PACER

July 11, 2013

July 11, 2013

PACER
21

ORDER granting 20 Motion for Extension of Time to Answer RE: Complaints re 12 Intervenor Complaint; Dynamic Medical Services, Inc. answer due 8/12/2013.. Re: 12 Intervenor Complaint. Signed by Judge Kathleen M. Williams on 7/23/2013. (ls) (Entered: 07/24/2013)

July 23, 2013

July 23, 2013

PACER
22

Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 12 Intervenor Complaint, 1 Complaint by Dynamic Medical Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Weitzman, Allan) (Entered: 08/09/2013)

1 Text of Proposed Order

View on PACER

Aug. 9, 2013

Aug. 9, 2013

PACER
23

ORDER granting 22 Motion for Extension of Time to Answer RE: Complaints re 12 Intervenor Complaint, 1 Complaint Dynamic Medical Services, Inc. answer due 8/26/2013.. Re: 12 Intervenor Complaint, 1 Complaint. Signed by Judge Kathleen M. Williams on 8/9/2013. (ls) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
24

MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM by Dynamic Medical Services, Inc.. Responses due by 9/12/2013 (Weitzman, Allan) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

PACER
25

MOTION TO DISMISS 12 Intervenor Complaint FOR FAILURE TO STATE A CLAIM by Dynamic Medical Services, Inc.. Responses due by 9/12/2013 (Weitzman, Allan) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

PACER
26

Unopposed MOTION to Withdraw as Attorney by Allan H. Weitzman. by Dynamic Medical Services, Inc.. Responses due by 9/27/2013 (Attachments: # 1 Text of Proposed Order)(Weitzman, Allan) (Entered: 09/10/2013)

1 Text of Proposed Order

View on PACER

Sept. 10, 2013

Sept. 10, 2013

PACER
27

ORDER granting Proskauer Rose LLP's 26 Motion to Withdraw as Counsel for Defendant. Attorney Allan H. Weitzman terminated. Signed by Judge Kathleen M. Williams on 9/10/2013. (tpl) (Entered: 09/11/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
28

Unopposed MOTION for Extension of Time to Amend re 1 Complaint as a Matter of Course by Equal Employment Opportunity Commission. Responses due by 9/30/2013 (Attachments: # 1 Text of Proposed Order)(Biscardi, Beatriz) Modified Link on 9/11/2013 (ls). (Entered: 09/11/2013)

1 Text of Proposed Order

View on PACER

Sept. 11, 2013

Sept. 11, 2013

PACER
29

Clerks Notice to Filer re 28 Unopposed MOTION for Extension of Time to Amend Complaint as a Matter of Course. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
30

ORDER granting 28 Unopposed Motion for Extension of Time to Amend Complaint. Amended Complaint due by 9/30/2013. Signed by Judge Kathleen M. Williams on 9/11/2013. (tpl) (Entered: 09/12/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
31

MOTION for Extension of Time to Amend 12 Intervenor Complaint by Yanileydis Capote, Norma Rodriguez, Maykel Ruz, Rommy Sanchez. Responses due by 9/30/2013 (Saenz, Ruben) Modified Link on 9/13/2013 (ls). (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
32

Clerks Notice to Filer re 31 Unopposed MOTION for Extension of Time to Amend 25 MOTION TO DISMISS 12 Intervenor Complaint FOR FAILURE TO STATE A CLAIM . Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

PACER
33

ORDER granting Intervening Plaintiff's 31 Unopposed Motion for Extension of Time to Amend Complaint. Amended Complaint due by 10/7/2013. Signed by Judge Kathleen M. Williams on 9/13/2013. (tpl) (Entered: 09/16/2013)

Sept. 13, 2013

Sept. 13, 2013

PACER
34

NOTICE of Attorney Appearance by Ana Consuelo Martinez on behalf of Equal Employment Opportunity Commission. Attorney Ana Consuelo Martinez added to party Equal Employment Opportunity Commission(pty:pla). (Martinez, Ana) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
35

AMENDED COMPLAINT against Dynamic Medical Services, Inc. filed in response to Order Granting Motion for Leave, filed by Equal Employment Opportunity Commission.(Biscardi, Beatriz) Modified Text on 10/1/2013 (ls). (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
36

Joint MOTION for Leave to File Scheduling Report within Forty-Five (45) days by Equal Employment Opportunity Commission. (Biscardi, Beatriz) Modified Text on 10/2/2013 (ls). (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
37

Unopposed MOTION to Stay Proceedings in Light of Lapse of Appropriations by Equal Employment Opportunity Commission. Responses due by 10/18/2013 (Biscardi, Beatriz) Modified Text on 10/2/2013 (ls). (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
38

First AMENDED COMPLAINT in Intervention against Dynamic Medical Services, Inc. filed in response to Order Granting Motion for Leave, filed by Yanileydis Capote, Maykel Ruz, Rommy Sanchez, Norma Rodriguez.(Palma, Zandro) Modified Text on 10/7/2013 (ls). (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
39

Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 38 Amended Complaint, filed in Intervention by Dynamic Medical Services, Inc.. (Buckstein, Brian) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
40

MOTION for Extension of Time to File Answer RE: Complaints re 35 Amended Complaint by Dynamic Medical Services, Inc.. (Buckstein, Brian) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
41

ORDER granting 37 Motion to Stay; granting in part 36 Motion for Leave to File Scheduling Report; granting in part 39 Motion for Extension of Time to Answer RE: Complaints and 40 Motion for Extension of Time to Answer RE: Complaints. Signed by Judge Kathleen M. Williams on 10/9/2013. (tpl) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
42

MOTION to Lift Stay of Proceedings by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Biscardi, Beatriz) Modified Text on 10/18/2013 (ls). (Entered: 10/18/2013)

1 Text of Proposed Order

View on PACER

Oct. 18, 2013

Oct. 18, 2013

PACER
43

ORDER granting 42 Motion to Lift Stay of Proceedings. Signed by Judge Kathleen M. Williams on 10/19/2013. (tpl) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
44

Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 38 Amended Complaint, by Dynamic Medical Services, Inc.. (Buckstein, Brian) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
45

MOTION for Extension of Time to File Answer RE: Complaints re 35 Amended Complaint by Dynamic Medical Services, Inc.. (Buckstein, Brian) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
46

ORDER granting 44 Motion for Extension of Time to Answer RE: Complaints Dynamic Medical Services, Inc. answer due 12/9/2013.; granting 45 Motion for Extension of Time to Answer RE: Complaints Dynamic Medical Services, Inc. answer due 12/9/2013.. Responses due by 12/9/2013 Signed by Judge Kathleen M. Williams on 11/12/2013. (cqs) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
47

NOTICE OF UNAVAILABILITY by Yanileydis Capote, Maykel Ruz, Rommy Sanchez, Norma Rodriguez for dates of December 20, 2013 through January 2, 2014 (Palma, Zandro) (Entered: 11/18/2013)

Nov. 18, 2013

Nov. 18, 2013

PACER
48

NOTICE of Settlement by Dynamic Medical Services, Inc. (Buckstein, Brian) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

RECAP
49

ORDER Requiring Joint Stipulation of Dismissal, ( Joint Stipulation of Dismissal due by 12/30/2013.) Signed by Judge Kathleen M. Williams on 12/9/2013. (tpl) (Entered: 12/11/2013)

Dec. 10, 2013

Dec. 10, 2013

PACER
50

STIPULATION of Dismissal by Yanileydis Capote, Norma Rodriguez, Maykel Ruz, Rommy Sanchez (Attachments: # 1 Text of Proposed Order Proposed Order)(Palma, Zandro) (Entered: 12/17/2013)

1 Text of Proposed Order Proposed Order

View on PACER

Dec. 17, 2013

Dec. 17, 2013

PACER
51

Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. Responses due by 1/3/2014 (Attachments: # 1 Consent Decree)(Biscardi, Beatriz) (Entered: 12/17/2013)

1 Consent Decree

View on PACER

Dec. 17, 2013

Dec. 17, 2013

PACER
52

ORDER DISMISSING INTERVENORS' COMPLAINT re 50 Stipulation of Dismissal filed by Maykel Ruz, Rommy Sanchez, Yanileydis Capote, Norma Rodriguez Signed by Judge Kathleen M. Williams on 12/18/2013. (ots) (Entered: 12/23/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
53

ORDER APPROVING CONSENT DECREE AND DISMISSING CASE, ORDER granting 51 Motion to Approve Consent Judgment; denying as moot 24 Motion to Dismiss for Failure to State a Claim; denying as moot 25 Motion to Dismiss for Failure to State a Claim. Signed by Judge Kathleen M. Williams on 12/18/2013. (ots) (Entered: 12/23/2013)

Dec. 20, 2013

Dec. 20, 2013

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 8, 2013

Closing Date: Dec. 20, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC and plaintiff-intervenors (salespeople for a medical & chiropractic practice).

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

Dynamic Medical Services, Inc. (Miami, Miami-Dade), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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: $170,000

Order Duration: 2013 - 2017

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

General:

Pattern or Practice

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:

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit