Case: EEOC v. LINCARE INC

2:01-cv-14291 | U.S. District Court for the Southern District of Florida

Filed Date: Sept. 28, 2001

Closed Date: 2002

Clearinghouse coding complete

Case Summary

In September 2001, the EEOC district office in Miami, Florida brought this suit against Lincare, Inc. in the U.S. District Court for the Southern District of Florida. The complaint states that a black male alleged a race based termination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint states that one of defendant's managers openly used racial slurs and stated that she refused to work with black people. After reaching an impasse at mediation, the partie…

In September 2001, the EEOC district office in Miami, Florida brought this suit against Lincare, Inc. in the U.S. District Court for the Southern District of Florida. The complaint states that a black male alleged a race based termination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint states that one of defendant's managers openly used racial slurs and stated that she refused to work with black people. After reaching an impasse at mediation, the parties eventually settled and a consent decree was entered in November 2002.

In the consent decree, the parties agreed that the defendant would pay the aggrieved male $118,000, refrain from retaliating and discriminating on the basis of race, post and distribute an EEO notice, provide its supervisors with 4 hours of EEO training annually, keep all records of complaints, and make semiannual report of all race discrimination complaints to the EEOC. No costs or fees were awarded. The terms of the agreement ran for three years.

Summary Authors

Joel Pettit (6/16/2007)

Documents in the Clearinghouse

Document

2:01-cv-14291

Docket

EEOC v. Lincare Inc

Nov. 7, 2002

Nov. 7, 2002

Docket
1

2:01-cv-14291

Complaint

EEOC v. Lincare Inc

Sept. 28, 2001

Sept. 28, 2001

Complaint
24

2:01-cv-14291

Order [Regarding Defendant's Motion for Summary Judgment]

EEOC v. Lincare Inc

July 12, 2002

July 12, 2002

Order/Opinion
30

2:01-cv-14291

Consent Decree

EEOC v. Lincare Inc

Nov. 7, 2002

Nov. 7, 2002

Settlement Agreement

Resources

Docket

Last updated March 23, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE waived; A-12; Magistrate Judge Lynch (cg, Deputy Clerk) (Entered: 09/28/2001)

Sept. 28, 2001

Sept. 28, 2001

2

SUMMONS(ES) issued for Lincare, Inc. (cg, Deputy Clerk) (Entered: 09/28/2001)

Sept. 28, 2001

Sept. 28, 2001

3

Answer and affirmative defenses by Lincare, Inc. (Attorney Irving M. Miller, Carol Celeiro Lumpkin), (sn, Deputy Clerk) (Entered: 01/03/2002)

Jan. 3, 2002

Jan. 3, 2002

4

ORDER SETTING STATUS CONFERENCE Status conference set for 3:35 2/6/02 before Judge Donald L. Graham ( Signed by Judge Donald L. Graham on 1/10/02) [EOD Date: 1/11/02] CCAP (gp, Deputy Clerk) (Entered: 01/11/2002)

Jan. 10, 2002

Jan. 10, 2002

5

JOINT STATUS REPORT by Equal Employment, Lincare, Inc. (cj, Deputy Clerk) (Entered: 01/25/2002)

Jan. 24, 2002

Jan. 24, 2002

Status conference held before Judge Donald L. Graham (wc, Deputy Clerk) (Entered: 02/08/2002)

Feb. 6, 2002

Feb. 6, 2002

6

Minutes of Status Conference held before Judge Donald L. Graham on 2/6/02; Court Reporter Name or Tape #: Barbara Medina (wc, Deputy Clerk) (Entered: 02/08/2002)

Feb. 7, 2002

Feb. 7, 2002

7

ORDER REFERRING DISCOVERY MATTERS, motions for costs and motions for attorneys' fees to Magistrate Judge Frank J. Lynch, Jr. ( Signed by Judge Donald L. Graham on 2/8/02) CCAP [EOD Date: 2/12/02] (wc, Deputy Clerk) (Entered: 02/12/2002)

Feb. 11, 2002

Feb. 11, 2002

8

ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Donald L. Graham on 2/8/02) [EOD Date: 2/12/02] (wc, Deputy Clerk) (Entered: 02/12/2002)

Feb. 11, 2002

Feb. 11, 2002

9

SCHEDULING ORDER setting Deadline for filing of all motions by 8/26/02; Memos of law due on or before 8/26/02; Jury trial set for 11/4/02; Pretrial Stipulation due on or before 9/23/02; Telephonic Calendar call set for 2:00 10/30/02; Discovery 8/19/02 ; Telephonic Pretrial conference for 2:00 10/2/02 ; ( Signed Judge Donald L. Graham on 2/8/02) [EOD Date: 2/12/02] CCAP (wc, Deputy Clerk) (Entered: 02/12/2002)

Feb. 11, 2002

Feb. 11, 2002

10

Notice of Filing Mediator Agreement in compliance: by Equal Employment with [8-1] referral/referred order dated 2/8/02 (attached) (wc, Deputy Clerk) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

11

NOTICE of designation of Karen Evans as Mediator by Lincare, Inc. (wc, Deputy Clerk) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

12

Notice of Filing Form Order Scheduling Mediation in compliance: by Equal Employment with [8-1] 2/8/02 referral/referred order (attachment) (wc, Deputy Clerk) (Entered: 03/08/2002)

March 7, 2002

March 7, 2002

13

ORDER SCHEDULING MEDIATION before Mediator: Karen Evans for 5/8/02 at 10:00am ( Signed by Judge Donald L. Graham on 3/11/02) [EOD Date: 3/13/02] (wc, Deputy Clerk) (Entered: 03/13/2002)

March 11, 2002

March 11, 2002

14

MOTION by Lincare, Inc. to extend time to respond to First Set of Interrogatories and to produce documents responsive to First Request to Produce (wc, Deputy Clerk) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

15

SUGGESTION OF MOOTNESS by Lincare, Inc. as to [14-1] motion to extend time to respond to First Set of Interrogatories and to produce documents responsive to First Request to Produce (wc, Deputy Clerk) (Entered: 04/01/2002)

March 29, 2002

March 29, 2002

16

ORDER granting [14-1] motion to extend time to respond to First Set of Interrogatories and to produce documents responsive to First Request to Produce ( Signed by Magistrate Frank J. Lynch on 4/2/02) [EOD Date: 4/2/02] (cg, Deputy Clerk) (Entered: 04/02/2002)

April 2, 2002

April 2, 2002

17

ORDER RE-SCHEDULING MEDIATION before Mediator: Karen Evans for 7/16/02 at 10:00am ( Signed by Judge Donald L. Graham on 4/26/02) [EOD Date: 4/30/02] (wc, Deputy Clerk) (Entered: 04/30/2002)

April 29, 2002

April 29, 2002

18

MOTION by Lincare, Inc. for Muslima Lewis, Esquire to appear pro hac vice , Receipt #221109, Fee paid $ 75.00 (cg, Deputy Clerk) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

19

ORDER granting [18-1] motion for Muslima Lewis, Esquire to appear pro hac vice ( Signed by Judge Donald L. Graham on 5/8/02) [EOD Date: 5/10/02] (wc, Deputy Clerk) (Entered: 05/10/2002)

May 9, 2002

May 9, 2002

20

MOTION with memorandum in support by Lincare, Inc. for summary judgment (wc, Deputy Clerk) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

21

Concise Statement of Material Facts as to which there is no genuine issue to be tried by Lincare, Inc. re: [20-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

22

RESPONSE by Equal Employment to [20-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 06/17/2002)

June 14, 2002

June 14, 2002

23

REPLY by Lincare, Inc. to response to [20-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 06/28/2002)

June 27, 2002

June 27, 2002

24

ORDER denying as moot [20-1] motion for summary judgment staying case for a period of 60 days pending further efforts to conciliate ( Signed by Judge Donald L. Graham on 7/11/02) [EOD Date: 7/15/02] (wc, Deputy Clerk) (Entered: 07/15/2002)

July 12, 2002

July 12, 2002

26

JOINT STATUS REPORT by Equal Employment, Lincare, Inc., Karen Evans (Former Deputy Clerk) (Entered: 09/13/2002)

Sept. 13, 2002

Sept. 13, 2002

27

NOTICE OF SETTLEMENT filed by Equal Employment, Lincare, Inc. (cg, Deputy Clerk) (Entered: 10/07/2002)

Oct. 3, 2002

Oct. 3, 2002

28

ORDER dismissing case ; denying all pending motions as moot and closing case (Signed by Judge Donald L. Graham on 10/21/02) [EOD Date: 10/22/02] (dg, Deputy Clerk) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

CASE CLOSED. Case and Motions no longer referred to Magistrate. (dg, Deputy Clerk) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

29

NOTICE of filing original consent decree by Lincare, Inc. (dg, Deputy Clerk) (Entered: 11/04/2002)

Nov. 1, 2002

Nov. 1, 2002

30

CONSENT DECREE/JUDGMENT for Equal Employment against Lincare, Inc. for amount of $118,00 ( Signed by Judge Donald L. Graham on 11/7/02) [EOD Date: 11/8/02] (dg, Deputy Clerk) (Entered: 11/08/2002)

Nov. 7, 2002

Nov. 7, 2002

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. 28, 2001

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lincare, Inc. (Sebring, FL), Private Entity/Person

Case Details

Causes of Action:

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: 118000

Order Duration: 2002 - 2005

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits