Case: EEOC v. Fitness First

0:05-cv-61580 | U.S. District Court for the Southern District of Florida

Filed Date: Sept. 28, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The Miami District Office of the EEOC brought this suit against PH Fitness, Inc., which owns Fitness First, in September of 2005, in the U.S. District Court for the Southern District of Florida. The suit was based on an unlawful termination of the complainant for being a female and being pregnant. She had just received a promotion when she told her boss that she was pregnant, after which she was quickly terminated. The complainant intervened and her complaint was dismissed twice due to failu…

The Miami District Office of the EEOC brought this suit against PH Fitness, Inc., which owns Fitness First, in September of 2005, in the U.S. District Court for the Southern District of Florida. The suit was based on an unlawful termination of the complainant for being a female and being pregnant. She had just received a promotion when she told her boss that she was pregnant, after which she was quickly terminated. The complainant intervened and her complaint was dismissed twice due to failure to state a claim under FRCP 12(b)(6). In addition before the termination of the suit the defendant brought a motion for summary judgment. Even though it seems from the docket that the defendant had a strong case, enough to win two motions to dismiss and file a summary judgment, the parties ended up settling and a consent decree was filed on March 22, 2007.

The consent decree combined injunctive relief and monetary relief. The injunctive relief consisted of: EEO training on Title VII for all managers and future employees; creating a new anti-discrimination policy; posting notice of this case; and distributing the new anti-discrimination policy. The monetary relief awarded was a total of $105,000 to be broken up into three parts. $8,000 was to go to the complainant as back pay, while another $48,638.37 was to go to her for compensatory damages. The remaining $48,361.63 (the consent decree's math was wrong) was to be awarded to the complainant's lawyer.

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 2010.

Summary Authors

Alex Bean (6/22/2007)

Clearinghouse (6/10/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4231738/parties/equal-employment-v-ph-fitness-inc/


Judge(s)

Altonaga, Cecilia M. (Florida)

Attorney for Plaintiff

Adams, Raechel L. (Florida)

Altmeyer, Helen Campbell (Florida)

Anderson, Suzanne M (Florida)

Andrew, Regina Maria (Florida)

Attorney for Defendant
Judge(s)

Altonaga, Cecilia M. (Florida)

Attorney for Plaintiff

Adams, Raechel L. (Florida)

Altmeyer, Helen Campbell (Florida)

Anderson, Suzanne M (Florida)

Andrew, Regina Maria (Florida)

Arendes, Jennifer L. (Florida)

Attorney, Prim F. (Florida)

AUSA, Owen C.J. (Florida)

AUSA, James J. (Florida)

Awad, Wasan (Florida)

Backhaus, William C (Florida)

Bailey, Terri Hearn (Florida)

Bannon, Jeffrey C (Florida)

Baran, Andrea G. (Florida)

Batog, Konrad (Florida)

Bean, Julie Steptoe (Florida)

Burstein, Jeffrey Charles (Florida)

Butler, Michelle T. (Florida)

Caiola, Michelle Anne (Florida)

Calhoun, June Wallace (Florida)

Call, Gary L. (Florida)

Canino, Robert A (Florida)

Carrillo, Gina E (Florida)

Chahbazi, Meenoo (Florida)

Chandy, Sunu P. (Florida)

Che, May R (Florida)

Cheung, Raymond T. (Florida)

Cohen, Ethan M (Florida)

Cole, Holly Waldron (Florida)

Coleman, Charles Franklin (Florida)

Cook, Terrence R. (Florida)

Cooper, Ronald S (Florida)

Costas, Toby W (Florida)

Cox, Lisa Ann (Florida)

Crook, Debra Hawes (Florida)

Currier, Romin N. (Florida)

Curtin, Nora Ellen (Florida)

DeCamp, Aaron Rutledge (Florida)

Deck, Dayna F. (Florida)

Denig, Jessica A (Florida)

Dixon, Pamela (Florida)

Dreiband, Eric S (Florida)

Driscoll-MacEachron, James P (Florida)

Dubey, Devika S (Florida)

Edge, Dawn M. (Florida)

Farrell, Michael J (Florida)

Feldman, Laura R (Florida)

Fiorito, Bradley S. (Florida)

Fischer, Kurt S (Florida)

Flores, Carmen (Florida)

Foslid, Kristen Marie (Florida)

Fox, Rosemary J (Florida)

Gochanour, Gregory M (Florida)

Graham, Nancy Eleanor (Florida)

Graziano, Louis (Florida)

Grossman, Elizabeth (Florida)

Guerrier, Charles E. (Florida)

Gusewelle, Anne E. (Florida)

Haden, Kara L (Florida)

Hamilton, Deborah L (Florida)

Harper, Donna (Florida)

Healy, Teri L. (Florida)

Hendrickson, John C (Florida)

Henry, Ann Marie (Florida)

Hill, Keith T. (Florida)

Hobson, William R (Florida)

Holman, Patrick J (Florida)

Hope, Jennifer L. (Florida)

Icangelo, Guy Carman (Florida)

Imdieke, Michael H. (Florida)

Isenhart, Jessi D. (Florida)

Johnson, Robert G. (Florida)

Jones, Anica C. (Florida)

Jones, Stephanie Michelle (Florida)

Jr, Robert A (Florida)

Kamp, Jean P (Florida)

Kane, Deborah A. (Florida)

Kennedy, Melvin D. (Florida)

Kinne, Paul A. (Florida)

Kittle, Rita Byrnes (Florida)

Klaassen, Mark A (Florida)

Krivonyak, J. Christopher (Florida)

Kuelbs, Meaghan Leigh (Florida)

Laura, Peter F. (Florida)

Lawrence, Debra M. (Florida)

Lee, James L. (Florida)

Lee, Jeff A (Florida)

Lee, Jeffrey A. (Florida)

Lee, Damien Anthony (Florida)

Lepak, Thomas Scott (Florida)

Lewis, Muslima (Florida)

Li, Derek W (Florida)

Liem, Connie (Florida)

Lopez, P David (Florida)

Lucero, A.Luis Lucero (Florida)

Mahood, Zoe G (Florida)

Mallik, Amrita (Florida)

Malloy, Margaret Ann (Florida)

Marino, Stephanie (Florida)

Martin, C Levi (Florida)

Martinez, Ana Consuelo (Florida)

Maxion, Sanya Hill (Florida)

McBride, Dennis R (Florida)

McCoy-Cruz, Kimberly A. (Florida)

McNair, Jacqueline H. (Florida)

Miller, Gerald L (Florida)

Moench, William E (Florida)

Monahan, Camille A (Florida)

Murray, Steven Lee (Florida)

Naccarato, Elizabeth A (Florida)

Neary, Kathleen M. (Florida)

Northrup, Kate (Florida)

O'Boyle, Judith A. (Florida)

O'Brien, Michael J. (Florida)

Olson, Kathryn Blaire (Florida)

O'Neill, Mary Jo (Florida)

Oppenheim, Harriett F (Florida)

Palmer-Denig, Jessica Ann (Florida)

Park, Anna (Florida)

Parker, Russell P (Florida)

Pearson, Gina Elaine (Florida)

Peck, Jonathan T (Florida)

Peral, Cesar J (Florida)

Peters, Kirsten Jennifer (Florida)

Peterson, Melanie M. (Florida)

Phillips, Ronald L. (Florida)

Pincus, William Hoffman (Florida)

Pladson, Nicholas J (Florida)

Pohl, Anna Marie (Florida)

Powell, Molly P. (Florida)

Ramos, Marisol (Florida)

Ranis, Michael Bruce (Florida)

Ratliff, Sean (Florida)

Reams, Gwendolyn Young (Florida)

Rethage, Thomas D (Florida)

Rivela, David C. (Florida)

Rivera, Jadhira Virginia (Florida)

Roberts, Monique Joy (Florida)

Robertson, Michelle M (Florida)

Rose, Robert David (Florida)

Rucker, Marsha Lynn (Florida)

Ryerse, Mary M (Florida)

Sanghvi, Ami T. (Florida)

Santos, Adela P. (Florida)

Schnitzel, Andrew Marten (Florida)

Seely, Barbara A (Florida)

Seth, Devika Rani (Florida)

Sexton, Richard I (Florida)

Sirkin, Lisa (Florida)

Smason, Diane I (Florida)

Smith, C Emanuel (Florida)

Smith, Rachel M. (Florida)

Stanley, John F. (Florida)

Statkus, Carol A (Florida)

Steele, Roberta (Florida)

Stewart, Ronald S (Florida)

Stith, Rebecca S. (Florida)

Struble, Stephanie (Florida)

Szromba, Jeanne Bowman (Florida)

Tamayo, William R. (Florida)

Taylor, Judith G. (Florida)

Tetzlaff, Karl R. (Florida)

Thomas, Gillian Lathrop (Florida)

Thornton, Gerald L. (Florida)

Tomlinson, Robert F (Florida)

Turnage, Edwin Lake (Florida)

Tyndall, Brian C (Florida)

Valderrama, Hillary K (Florida)

Vance, Carrie Noelle (Florida)

Varma, Maneesh (Florida)

Vasichek, Laurie A (Florida)

Vuong, Rumduol Kim (Florida)

Walter, Nicholas Glen (Florida)

Weisberg, Robert E. (Florida)

Welsh, Blaine T (Florida)

Whitehead, Jamal N (Florida)

Wilburn, Tanisha R (Florida)

Williams, Faye A (Florida)

Wong, Kam Sau (Florida)

Woolley, Christopher (Florida)

show all people

Documents in the Clearinghouse

Document

0:05-cv-61580

Docket (PACER)

Equal Employment v. PH Fitness, Inc.

March 22, 2007

March 22, 2007

Docket
1

0:05-cv-61580

Complaint

Equal Employment v. PH Fitness, Inc., a/k/a PBH Fitness, LLC, and JRRCC, Inc., d/b/a Fitness First

Sept. 28, 2005

Sept. 28, 2005

Complaint
4

0:05-cv-61580

Amended Complaint

Equal Employment v. PH Fitness, Inc . d/b/a Fitness First and PBH Fitness, LLC, d/b/a Fitness First

Dec. 14, 2005

Dec. 14, 2005

Complaint
12

0:05-cv-61580

Intervener's Complaint

Equal Employment v. PH Fitness, Inc . d/b/a Fitness First and PBH Fitness, LLC, d/b/a Fitness First

Feb. 2, 2006

Feb. 2, 2006

Complaint
30

0:05-cv-61580

Order on Motion to Dismiss [Count II of Intervenor's Complaint]

EEOC v. PH Fitness et al

March 30, 2006

March 30, 2006

Order/Opinion
31

0:05-cv-61580

Intervener's Amended Complaint

Equal Employment v. PH Fitness, Inc. d/b/a Fitness First and PBH Fitness, LLC, d/b/a Fitness First

April 10, 2006

April 10, 2006

Complaint
49

0:05-cv-61580

Order on Motion to Dismiss Intervener's Amended Complaint and Intervener's Motion to Amend Complaint

EEOC v. PH Fitness et al

May 25, 2006

May 25, 2006

Order/Opinion
57

0:05-cv-61580

Second Amended Complaint [Intervenor Plaintiff]

Equal Employment v. PH Fitness, Inc., a/k/a PBH Fitness, LLC, and JRRCC, Inc., d/b/a Fitness First

June 5, 2006

June 5, 2006

Complaint
63

0:05-cv-61580

Omnibus Order [Regarding Motions to Compel]

Equal Employment v. PH Fitness, Inc., a/k/a PBH Fitness, LLC, and JRRCC, Inc., d/b/a Fitness First

July 17, 2006

July 17, 2006

Order/Opinion
70

0:05-cv-61580

Order [Regarding Defendant's Motion to Compel Executed Medical Authorization From Intervening Plaintiff]

EEOC v. PH Fitness et al

Aug. 9, 2006

Aug. 9, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4231738/equal-employment-v-ph-fitness-inc/

Last updated March 19, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

DEMAND for jury trial by Equal Employment (tb, Deputy Clerk) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

Clearinghouse
2

SUMMONS(ES) issued for JRRCC, Inc. (tb, Deputy Clerk) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

PACER
3

SUMMONS(ES) issued for PH Fitness, Inc. (tb, Deputy Clerk) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

PACER
4

AMENDED COMPLAINT by Equal Employment, (Answer due 12/23/05 for PH Fitness, Inc. ) amending [1-1] complaint adding PBH Fitness, LLC (bb, Deputy Clerk) (Entered: 12/14/2005)

Dec. 13, 2005

Dec. 13, 2005

Clearinghouse
5

ORDER REQUIRING SERVICE/ORDER TO SHOW CAUSE why this action should not be dismissed against Defendants for failure to perfect service of process. Response to Order to Show Cause due 1/28/06 ( Signed by Judge Cecilia Altonaga on 12/19/05) [EOD Date: 12/20/05] (bb, Deputy Clerk) (Entered: 12/20/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
6

Return of service unexecuted as to JRRCC, Inc. (wc, Deputy Clerk) (Entered: 01/04/2006)

Jan. 3, 2006

Jan. 3, 2006

PACER
7

NOTICE of filing executed waiver of service by Equal Employment (sn, Deputy Clerk) (Entered: 01/13/2006)

Jan. 12, 2006

Jan. 12, 2006

PACER
8

ORDER requiring scheduling report and certificates of interested parties set Scheduling meeting report due for 2/8/06 ( Signed by Judge Cecilia M. Altonaga on 1/17/06) [EOD Date: 1/18/06] (tb, Deputy Clerk) (Entered: 01/18/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
9

MOTION with memorandum in support by Dawn Grungo (Attorney to intervene (tb, Deputy Clerk) (Entered: 01/25/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
10

ANSWER and affirmative defenses by PH Fitness, Inc., JRRCC, Inc., PBH Fitness, LLC to amended complaint (sn, Deputy Clerk) (Entered: 01/25/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
11

ORDER granting [9-1] motion to intervene (Signed by Judge Cecilia M. Altonaga on 1/25/06) [EOD Date: 1/26/06] (sn, Deputy Clerk) (Entered: 01/26/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
13

Certificate of interested parties and corporate disclosure statement by PH Fitness, Inc., PBH Fitness, LLC (bb, Deputy Clerk) (Entered: 02/03/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
12

Intervenor's COMPLAINT by Dawn Grungo against PH Fitness, Inc., PBH Fitness, LLC (nt, Deputy Clerk) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

Clearinghouse
14

Certification of interested persons and corporate disclosure statement by Equal Employment (tb, Deputy Clerk) (Entered: 02/09/2006)

Feb. 8, 2006

Feb. 8, 2006

PACER
15

JOINT Scheduling Report of Scheduling Meeting by Equal Employment, PH Fitness, Inc., JRRCC, Inc., PBH Fitness, LLC, Dawn Grungo, Dawn Grungo, PH Fitness, Inc., PBH Fitness, LLC 2/8/06 (tb, Deputy Clerk) (Entered: 02/09/2006)

Feb. 8, 2006

Feb. 8, 2006

PACER
16

Certification of interested persons and corporate disclosure statement by Equal Employment (tb, Deputy Clerk) (Entered: 02/09/2006)

Feb. 8, 2006

Feb. 8, 2006

PACER
17

ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Cecilia M. Altonaga on 2/8/06) [EOD Date: 2/13/06] (tb, Deputy Clerk) (Entered: 02/13/2006)

Feb. 9, 2006

Feb. 9, 2006

PACER
18

Certification of interested persons and corporate disclosure statement by Dawn Grungo (tb, Deputy Clerk) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
19

Answer and affirmative defenses to Count 1 of Intervenor's Complaint by PH Fitness, Inc., PBH Fitness, LLC (wc, Deputy Clerk) (Entered: 02/21/2006)

Feb. 20, 2006

Feb. 20, 2006

PACER
20

MOTION with memorandum in support by PH Fitness, Inc., PBH Fitness, LLC to dismiss Count II of Intervener's Complaint (wc, Deputy Clerk) (Entered: 02/21/2006)

Feb. 20, 2006

Feb. 20, 2006

PACER
21

MOTION by Dawn Grungo to extend time within which to respond to to defendants-in-intervention's motion to dismiss count II of her complaint (tb, Deputy Clerk) (Entered: 02/28/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
22

ORDER granting [21-1] motion to extend time within which to respond to to defendants-in-intervention's motion to dismiss count II of her complaint ( Signed by Judge Cecilia M. Altonaga on 2/28/06) [EOD Date: 3/1/06] (bb, Deputy Clerk) (Entered: 03/01/2006)

Feb. 28, 2006

Feb. 28, 2006

PACER
23

RULE 26 (a)(1)DISCLOSURES by PH Fitness, Inc., PBH Fitness, LLC (tb, Deputy Clerk) (Entered: 03/03/2006)

March 2, 2006

March 2, 2006

PACER
24

RESPONSE by Dawn Grungo in opposition to [20-1] motion to dismiss Count II of Intervener's Complaint (tb, Deputy Clerk) (Entered: 03/07/2006)

March 6, 2006

March 6, 2006

PACER
25

ORDER SCHEDULING MEDIATION before Mediator: Martin A. Soll for 12/05/06 at 10:00 a.m. ( Signed by Judge Cecilia M. Altonaga on 3/10/06) [EOD Date: 3/13/06] (bb, Deputy Clerk) (Entered: 03/13/2006)

March 10, 2006

March 10, 2006

PACER
26

NOTICE to Clerk of Court to correct contact information by PBH Fitness, LLC, PH Fitness, Inc. (tb, Deputy Clerk) (Entered: 03/16/2006)

March 15, 2006

March 15, 2006

PACER
27

REPLY MEMORANDUM by PBH Fitness, LLC, PH Fitness, Inc. in support of [20-1] motion to dismiss Count II of Intervener's Complaint (tb, Deputy Clerk) (Entered: 03/17/2006)

March 15, 2006

March 15, 2006

PACER
28

MOTION with memorandum in support by PH Fitness, Inc., PBH Fitness, LLC to compel intervening plaintiff's Rule 26 initial document disclosure (tb, Deputy Clerk) (Entered: 03/22/2006)

March 21, 2006

March 21, 2006

PACER
29

Notice of compliance: by PBH Fitness, LLC, PH Fitness, Inc. with FRCP 26(a)(1) Disclosures (wc, Deputy Clerk) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
30

ORDER granting [20-1] motion to dismiss Count II of Intervener's Complaint ( Signed by Judge Cecilia M. Altonaga on 3/30/06) [EOD Date: 3/31/06] (bb, Deputy Clerk) (Entered: 03/31/2006)

March 30, 2006

March 30, 2006

Clearinghouse
31

AMENDED COMPLAINT by Dawn Grungo, (Answer due 4/20/06 for PH Fitness, Inc., for JRRCC, Inc., for PBH Fitness, LLC ) amending [4-1] amended complaint (tb, Deputy Clerk) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

Clearinghouse
32

MOTION by Dawn Grungo to extend time to respond to defendants' discovery (tb, Deputy Clerk) (Entered: 04/11/2006)

April 10, 2006

April 10, 2006

PACER
33

NOTICE to Clerk of Court to correct contact information by Equal Employment (tb, Deputy Clerk) (Entered: 04/12/2006)

April 11, 2006

April 11, 2006

PACER
34

RESPONSE by PBH Fitness, LLC, PH Fitness, Inc. to [32-1] motion to extend time to respond to defendants' discovery (tb, Deputy Clerk) (Entered: 04/17/2006)

April 14, 2006

April 14, 2006

PACER
35

ORDER granting [32-1] motion to extend time to respond to defendants' discovery ( Signed by Magistrate Judge William C. Turnoff on 4/14/06) [EOD Date: 4/18/06] (tb, Deputy Clerk) (Entered: 04/18/2006)

April 17, 2006

April 17, 2006

PACER
36

NOTICE OF HEARING Motion hearing before Magistrate Judge William C. Turnoff set for 2:00 4/24/06 for [28-1] motion to compel intervening plaintiff's Rule 26 initial document ( Signed by Magistrate Judge William C. Turnoff on 4/18/06) [EOD Date: 4/19/06] (wc, Deputy Clerk) (Entered: 04/19/2006)

April 18, 2006

April 18, 2006

PACER
37

ORDER Cancelling hearing on defendants' motion to compel set for 4/24/06 2:00 PM ( Signed by Magistrate Judge William C. Turnoff on 4/20/06) [EOD Date: 4/24/06] (tb, Deputy Clerk) (Entered: 04/24/2006)

April 21, 2006

April 21, 2006

PACER
38

ORDER denying as moot [28-1] motion to compel intervening plaintiff's Rule 26 initial document disclosure ( Signed by Judge Cecilia M. Altonaga on 04/24/06) [EOD Date: 4/25/06] (bb, Deputy Clerk) (Entered: 04/25/2006)

April 24, 2006

April 24, 2006

PACER
39

MOTION with memorandum in support by PBH Fitness, LLC, PH Fitness, Inc. to dismiss amended complaint (tb, Deputy Clerk) (Entered: 04/28/2006)

April 26, 2006

April 26, 2006

PACER
40

MOTION with memorandum in support by Dawn Grungo to compel better responses to intervener plaintiff's request to produce (tb, Deputy Clerk) (Entered: 05/02/2006)

April 30, 2006

April 30, 2006

PACER
41

MOTION with memorandum in support by Dawn Grungo to compel better responses to intervener plaintiff's financial interrogatories (tb, Deputy Clerk) (Entered: 05/02/2006)

April 30, 2006

April 30, 2006

PACER
42

MOTION with memorandum in support by Dawn Grungo to compel better responses to intervener plaintiff's punitive damages request to produce (tb, Deputy Clerk) (Entered: 05/02/2006)

April 30, 2006

April 30, 2006

PACER
43

RESPONSE by Dawn Grungo to [39-1] motion to dismiss amended complaint (tb, Deputy Clerk) (Entered: 05/11/2006)

May 10, 2006

May 10, 2006

PACER
44

RESPONSE by PH Fitness, Inc. to [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce (tb, Deputy Clerk) (Entered: 05/16/2006)

May 15, 2006

May 15, 2006

PACER
45

RESPONSE by PH Fitness, Inc. to [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce (tb, Deputy Clerk) (Entered: 05/16/2006)

May 15, 2006

May 15, 2006

PACER
46

RESPONSE by PH Fitness, Inc. to [41-1] motion to compel better responses to intervener plaintiff's financial interrogatories (tb, Deputy Clerk) (Entered: 05/16/2006)

May 15, 2006

May 15, 2006

PACER
47

MOTION by Dawn Grungo to extend time reply to defendants responses to three pending motions to compel (dj, Deputy Clerk) (Entered: 05/24/2006)

May 22, 2006

May 22, 2006

PACER
48

ORDER granting [47-1] motion to extend time reply to defendants responses to three pending motions to compel ( Signed by Judge Cecilia M. Altonaga on 5/24/06) [EOD Date: 5/25/06] (tb, Deputy Clerk) (Entered: 05/25/2006)

May 24, 2006

May 24, 2006

PACER
50

RESPONSE AND MEMORANDUM OF LAW by PH Fitness, Inc., PBH Fitness, LLC in opposition to [43-1] motion to amend complaint (lh, Deputy Clerk) (Entered: 05/26/2006)

May 24, 2006

May 24, 2006

PACER
73

MOTION by PBH Fitness, LLC, PH Fitness, Inc. (Attorney ) to compel intervening plaintiff's better responses to interrogatories (dg, Deputy Clerk) (Entered: 09/25/2006)

May 24, 2006

May 24, 2006

PACER
49

ORDER granting [39-1] motion to dismiss amended complaint denying [43-1] motion response ( Signed by Judge Cecilia M. Altonaga on 5/25/06) [EOD Date: 5/26/06] (tb, Deputy Clerk) (Entered: 05/26/2006)

May 25, 2006

May 25, 2006

Clearinghouse
51

REPLY by Dawn Grungo to response to [41-1] motion to compel better responses to intervener plaintiff's financial interrogatories (lh, Deputy Clerk) (Entered: 05/30/2006)

May 26, 2006

May 26, 2006

PACER
52

REPLY by Dawn Grungo to response to [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce (lh, Deputy Clerk) (Entered: 05/30/2006)

May 26, 2006

May 26, 2006

PACER
53

REPLY by Dawn Grungo to response to [40-1] motion to compel better responses to intervener plaintiff's request to produce (lh, Deputy Clerk) (Entered: 05/30/2006)

May 26, 2006

May 26, 2006

PACER
54

MOTION by Equal Employment (Attorney ) to amend [1-1] complaint (lh, Deputy Clerk) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

PACER
55

MOTION by Dawn Grungo (Attorney ) to amend [12-1] intervenor complaint, [31-1] amended complaint (lh, Deputy Clerk) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

PACER
56

ORDER granting [54-1] motion to amend [1-1] complaint ( Signed by Judge Cecilia M. Altonaga on 6/1/06) [EOD Date: 6/5/06] (lk, Deputy Clerk) (Entered: 06/05/2006)

June 2, 2006

June 2, 2006

PACER
57

SECOND AMENDED COMPLAINT by Dawn Grungo, Equal Employment, (Answer due 6/12/06 for PH Fitness, Inc., for JRRCC, Inc., for PBH Fitness, LLC, for PH Fitness, Inc., for PBH Fitness, LLC ) amending [4-1] amended complaint (lk, Deputy Clerk) (Entered: 06/05/2006)

June 2, 2006

June 2, 2006

Clearinghouse
58

RESPONSE by Dawn Grungo to [28-1] motion to compel better interrogatory response (lh, Deputy Clerk) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

PACER
59

ORDER granting [55-1] motion to amend [12-1] intervenor complaint, [31-1] amended complaint ( Signed by Judge Cecilia M. Altonaga on 6/6/06) [EOD Date: 6/7/06] (lk, Deputy Clerk) (Entered: 06/07/2006)

June 6, 2006

June 6, 2006

PACER
60

ANSWER AND AFFIRMATIVE DEFENSES by PBH Fitness, LLC, PH Fitness, Inc. (Attorney ) to second amended complaint (lh, Deputy Clerk) (Entered: 06/16/2006)

June 15, 2006

June 15, 2006

PACER
61

REPLY by PBH Fitness, LLC, PH Fitness, Inc. to response to motion to compel better responses to intervener plaintiff's interrogatories (lh, Deputy Clerk) (Entered: 06/16/2006)

June 15, 2006

June 15, 2006

PACER
62

MOTION with memorandum in support by PBH Fitness, LLC, PH Fitness, Inc. to compel executed medical authorization from intervening plaintiff (dg, Deputy Clerk) (Entered: 07/12/2006)

July 10, 2006

July 10, 2006

PACER
63

ORDER granting in part, denying in part [40-1] motion to compel better responses to intervener plaintiff's request to produce granting in part, denying in part [41-1] motion to compel better responses to intervener plaintiff's financial interrogatories granting in part, denying in part [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce ( Signed by Magistrate Judge William C. Turnoff on 07/14/06) [EOD Date: 7/17/06] (bs, Deputy Clerk) (Entered: 07/17/2006)

July 14, 2006

July 14, 2006

Clearinghouse
64

RESPONSE by Dawn Grungo in opposition to [62-1] motion to compel executed medical authorization from intervening plaintiff (lh, Deputy Clerk) (Entered: 07/26/2006)

July 24, 2006

July 24, 2006

PACER
65

REPLY by PBH Fitness, LLC, PH Fitness, Inc. to response to [62-1] motion to compel executed medical authorization from intervening plaintiff (lh, Deputy Clerk) (Entered: 08/03/2006)

Aug. 1, 2006

Aug. 1, 2006

PACER
66

Notice of compliance: by PBH Fitness, LLC, PH Fitness, Inc. with [63-1] order (lh, Deputy Clerk) (Entered: 08/04/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER
67

NOTICE of filing proposed joint confidentiality order by PBH Fitness, LLC, PH Fitness, Inc. (lh, Deputy Clerk) (Entered: 08/04/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER
68

JOINT CONFIDENTIALITY ORDER ( Signed by Judge Cecilia M. Altonaga on 8/4/06) [EOD Date: 8/7/06] (lk, Deputy Clerk) (Entered: 08/07/2006)

Aug. 4, 2006

Aug. 4, 2006

PACER
69

Supplemental Rule 26(a)(1) Disclosure Witness list by PH Fitness, Inc., PBH Fitness, LLC (Former Deputy Clerk) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

PACER
70

ORDER denying [62-1] motion to compel executed medical authorization from intervening plaintiff ( Signed by Magistrate Judge William C. Turnoff on 8/8/06) [EOD Date: 8/10/06] (lk, Deputy Clerk) (Entered: 08/10/2006)

Aug. 9, 2006

Aug. 9, 2006

Clearinghouse
71

MOTION by PH Fitness, Inc. (Attorney ) for clarification of [70-1] order (Former Deputy Clerk) (Entered: 09/12/2006)

Sept. 11, 2006

Sept. 11, 2006

PACER
72

NOTIFICATION of 90 days expiring of the motion to compel intervening plaintiff's better responses to interrogatories by PBH Fitness, LLC, PH Fitness, Inc. (lk, Deputy Clerk) (Entered: 09/22/2006)

Sept. 21, 2006

Sept. 21, 2006

PACER
74

ORDER granting in part and denying in part 73 Motion to Compel . Signed by Judge William C. Turnoff on 10/17/06. (lc2) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

Clearinghouse
75

ORDER requiring response by 10/23/06.. Signed by Judge William C. Turnoff on 10/17/06. (lc2) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
76

Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce by Dawn Grungo. Responses due by 11/9/2006 (Currier, Romin) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
77

ORDER granting 71 Motion for Clarification . Signed by Judge William C. Turnoff on 10/26/06. (lc2) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
78

RESPONSE to Motion re 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce filed by PBH Fitness, LLC. Replies due by 11/16/2006. (Yoho, Sarah) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

PACER
79

REPLY to Response to Motion re 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce filed by Dawn Grungo. (Attachments: # 1 Exhibit "A")(Pincus, William) (Entered: 11/16/2006)

1 Exhibit "A"

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Nov. 16, 2006

Nov. 16, 2006

PACER
80

NOTICE of Hearing on Motion 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce: Motion Hearing set for 12/19/2006 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff. (lc2) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

PACER
81

MOTION for Hearing re 80 Notice of Hearing on Motion by Dawn Grungo. (Icangelo, Guy) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

PACER
82

ORDER granting 81 Motion to Re-Set Hearing . Signed by Judge William C. Turnoff on 12/1/06. (lc2) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

PACER
83

ORDER on Mediation Results; parties are to file mediation results by 12/22/06. Signed by Judge Cecilia M. Altonaga on December 14, 2006. (ps1) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

PACER
84

Notice of Mediation Hearing onJanuary 18, 2007 before Mediator, Martin A. Sollfiled by Martin A. Soll.(Soll, Martin) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

PACER
85

Notice of Mediation Hearing onJanuary 18, 2007 before Mediator, Martin A. Sollfiled by Martin A. Soll.(Soll, Martin) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
86

NOTICE by Dawn Grungo re 80 Notice of Hearing on Motion (FILING DOCUMENTS IN SUPPORT OF MOTION TO COMPEL) (Attachments: # 1 Exhibit "1"# 2 Exhibit "2")(Pincus, William) (Entered: 01/02/2007)

1 Exhibit "1"

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2 Exhibit "2"

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Jan. 2, 2007

Jan. 2, 2007

PACER
87

RESPONSE in Opposition re 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce (NOTICE OF FILING DOCUMENTS) filed by PH Fitness, Inc., PBH Fitness, LLC. (Attachments: # 1 Exhibit "1"# 2 Exhibit "2"# 3 Exhibit "3"# 4 Exhibit "4"# 5 Exhibit "5")(Gordon, Eric) (Entered: 01/03/2007)

1 Exhibit "1"

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2 Exhibit "2"

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3 Exhibit "3"

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4 Exhibit "4"

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5 Exhibit "5"

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Jan. 3, 2007

Jan. 3, 2007

PACER
88

ORDER deeming moot 76 Motion to Compel . Signed by Judge William C. Turnoff on 1/5/07. (lc2) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
89

Notice of Mediation Hearing onJanuary 18, 2007 before Mediator, Martin A. Sollfiled by Martin A. Soll.(Salmon, John) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
90

Witness List - Supplemental Disclosures Pursuant to Rule 26(A)(1) by Dawn Grungo.. (Pincus, William) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

PACER
91

ORDER on Mediation Results; the parties are to file the results of the mediation conference that was scheduled for January 18, 2007 by February 5, 2007. Signed by Judge Cecilia M. Altonaga on January 29, 2007 (ps1) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

PACER
92

REPORT of Mediation Disposition: Impasse(Dreilinger, Lauren) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

PACER
93

Witness List - Joint Second Supplemental Disclosures Pursuant to Rule 26(A)(1) of Federal Rules of Civil Procedure by US EEOC and by Dawn Grungo.. (Pincus, William) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

PACER
94

Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Dreilinger, Lauren) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

PACER
95

ORDER granting in part 94 Motion for Extension of Time to Conduct Depositions; the discovery cut-off date is extended to March 30, 2007; the remaining pre-trial deadlines remain in effect. Please see order for details.Signed by Judge Cecilia M. Altonaga on February 9, 2007 (ps1) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

PACER
96

MOTION for Summary Judgment and Supporting Memorandum of Law filed by Defendant PBH Fitness, LLC and by PH Fitness, Inc.. Responses due by 3/23/2007 (Gordon, Eric) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
97

Statement of: Undisputed Material Facts In Support of Defendants' Motion for Summary Judgment filed by Defendants PBH Fitness, LLC and by PH Fitness, Inc. re 96 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Defendant PBH Fitness, LLC and. (Gordon, Eric) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
98

NOTICE by PH Fitness, Inc. re 96 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Defendant PBH Fitness, LLC and PH Fitness, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Gordon, Eric) (Entered: 03/09/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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March 9, 2007

March 9, 2007

PACER
99

Joint MOTION Approval of Consent Decree by Equal Employment Opportunity Commission, Dawn Grungo, PBH Fitness, LLC, PH Fitness, Inc. (Attachments: # 1 Text of Proposed Order Consent Decree # 2 Stipulation of Dismissal # 3 Text of Proposed Order Adopting Joint Stipulation for Dismissal# 4 Appendix Certificate of Service)(Dreilinger, Lauren) Modified to add attachment description and filers on 3/22/2007 (nt). (Entered: 03/21/2007)

1 Text of Proposed Order Consent Decree

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2 Stipulation of Dismissal

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3 Text of Proposed Order Adopting Joint Stipulation for Dismissal

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4 Appendix Certificate of Service

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March 21, 2007

March 21, 2007

PACER
100

CONSENT DECREE granting 99 Joint Motion for Approval of Consent Decree. Signed by Judge Cecilia M. Altonaga on 3/22/2007. (ls) (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

PACER

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: Sept. 28, 2005

Closing Date: 2010

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

PH Fitness, Inc. (Deerfield Beach), 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: 105000

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit