Case: EEOC v. AWARENESS TECHNOLOGY, INC.

2:06-cv-14176 | U.S. District Court for the Southern District of Florida

Filed Date: June 30, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On June 30, 2006, the Boca Raton, Miami, and Tampa offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Awareness Technology, Inc. in the U.S. District Court for the Southern District of Florida. The EEOC alleged that the defendants had violated the rights of the complainant by subjecting her to harassment because she was pregnant and by retaliating against her for complaining about the harassment.On December 7, 2006, the case was referred to mediation…

On June 30, 2006, the Boca Raton, Miami, and Tampa offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Awareness Technology, Inc. in the U.S. District Court for the Southern District of Florida. The EEOC alleged that the defendants had violated the rights of the complainant by subjecting her to harassment because she was pregnant and by retaliating against her for complaining about the harassment.

On December 7, 2006, the case was referred to mediation, and it settled during mediation on June 12, 2007. The parties entered a consent decree with the court on June 29, 2007, and the court adopted it and dismissed the case on July 3, 2007. Under the terms of the consent decree, which was to last for three years, the defendants were prohibited from discriminating or retaliating against any employee illegally. The defendants agreed to post and distribute notice of the employees' equal employment opportunity rights. They also agreed to conduct annual training of all employees regarding EEO laws, policies, and procedures. The first training session was to be held within 60 days of the entry of the consent decree. This training was to be conducted by a pre-approved trainer from Indian River Community College.

The defendants agreed to file bi-annual reports to the EEOC regarding their compliance with the terms of the consent decree for three years following the entry of the decree, and they agreed to forward a copy of their revised anti-discrimination policy to the EEOC for review. In addition, the defendants were required to submit a report on the training session within 10 days of when it took place. They agreed to provide the EEOC with copies of any written or printed materials to be used at the training session 10 days before they were distributed. Finally, the EEOC was to have the right to conduct private phone interviews with the defendant's employees in order to ensure compliance with the decree. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Kristen Sagar (4/28/2008)

Clearinghouse (6/13/2017)

Documents in the Clearinghouse

Document

2:06-cv-14176

Docket (PACER)

US Equal Employment v. Awareness Technology

July 16, 2007

July 16, 2007

Docket
1

2:06-cv-14176

Complaint

EEOC v. Awareness Technology, Inc.

July 5, 2006

July 5, 2006

Complaint
41-1

2:06-cv-14176

Consent Decree

EEOC v. Awareness Technology, Inc.

June 29, 2007

June 29, 2007

Settlement Agreement

Resources

Docket

Last updated March 27, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Magistrate Judge Frank J. Lynch, Jr. (vp, Deputy Clerk) (Entered: 07/05/2006)

June 30, 2006

June 30, 2006

2

SUMMONS(ES) issued for Awareness Technology (vp, Deputy Clerk) (Entered: 07/05/2006)

June 30, 2006

June 30, 2006

3

ORDER requiring counsel to meet and file Joint Scheduling Report and Proposed Order and directing parties to file certificates of interested parties (Signed by Judge Jose E. Martinez on 7/10/06) [EOD Date: 7/11/06] (bb, Deputy Clerk) (Entered: 07/11/2006)

July 10, 2006

July 10, 2006

4

NOTICE of attorney appearance for Awareness Technology by George Frederic Bovie III (Former Deputy Clerk) (Entered: 07/20/2006)

July 19, 2006

July 19, 2006

5

Certificate of interested persons and corporate disclosure statement by US Equal Employment (bb, Deputy Clerk) (Entered: 08/01/2006)

July 31, 2006

July 31, 2006

6

Statement of Non-Governmental Corporate disclosure, by Awareness Technology (Former Deputy Clerk) (Entered: 08/03/2006)

Aug. 1, 2006

Aug. 1, 2006

8

Joint Scheduling Report of Scheduling Meeting by US Equal Employment, Awareness Technology (Former Deputy Clerk) (Entered: 09/08/2006)

Sept. 5, 2006

Sept. 5, 2006

7

AMENDED JOINT Scheduling Report of Scheduling Meeting by US Equal Employment, Awareness Technology (bb, Deputy Clerk) (Entered: 09/07/2006)

Sept. 6, 2006

Sept. 6, 2006

10

ANSWER to Complaint by Awareness Technology (Attorney ) (Former Deputy Clerk) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

11

NOTICE of service of Defendant, first set of interrogatories to Plaintiff by Awareness Technology (lh, Deputy Clerk) (Entered: 09/15/2006)

Sept. 14, 2006

Sept. 14, 2006

13

NOTICE to Take Deposition duces tecum of Acacia Gomez by Awareness Technology, Inc.(bb) (Entered: 10/17/2006)

Sept. 28, 2006

Sept. 28, 2006

14

NOTICE to Take Deposition of Jody Northrop by Awareness Technology, Inc.(bb) (Entered: 10/17/2006)

Sept. 28, 2006

Sept. 28, 2006

12

NOTICE by Awareness Technology, Inc. Notice of Cancellation of Deposition Duces Tecum (Bovie, George) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

15

NOTICE of filing affidavit of service by Awareness Technology, Inc. (bb) (Entered: 10/17/2006)

Oct. 16, 2006

Oct. 16, 2006

16

NOTICE by Awareness Technology, Inc. Notice of Taking Deposition Duces Tecum (Bovie, George) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

17

NOTICE by Awareness Technology, Inc. Notice of Filing Verified Return of Service (Bovie, George) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

18

NOTICE by Awareness Technology, Inc. Notice of Filing Verified Return of Service (Bovie, George) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

19

NOTICE of Attorney Appearance by Michael Wells on behalf of United States Equal Employment Opportunity Commission (Wells, Michael) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

20

SCHEDULING ORDER:, ORDER REFERRING CASE to Magistrate Judge Frank J. Lynch, Jr for discovery, ORDER REFERRING CASE to Mediation. Jury Trial set for 8/6/2007 in Fort Pierce Division before Judge Jose E. Martinez. Calendar Call set for 8/2/2007 01:45 PM before Judge Jose E. Martinez.. Signed by Judge Jose E. Martinez on 12/06/2006. (bs) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

21

Unopposed MOTION to Substitute Attorney by United States Equal Employment Opportunity Commission. Responses due by 2/21/2007 (Boehringer, Maria) (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

22

NOTICE by Awareness Technology, Inc. of Filing List of Privileged Documents from Files of Counsel for Defendant (Bovie, George) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

23

Unopposed MOTION for Extension of Time to File Motion to Compel by United States Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

24

Unopposed MOTION for Extension of Time to File Motion to Compel by United States Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Order Granting Extension of Time to File Motion to Compel)(Boehringer, Maria) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

25

ORDER granting 23 Motion for Extension of Time to File, granting 24 Motion for Extension of Time to File until 3/29/07.Signed by Magistrate Judge Frank J. Lynch Jr. on 3/27/07. (cga) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

26

NOTICE by United States Equal Employment Opportunity Commission of Mediation (Boehringer, Maria) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

27

NOTICE by United States Equal Employment Opportunity Commission of Mediation (Boehringer, Maria) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

28

MOTION for Discovery to Re-Open Discovery and For Leave to Re-Depose the Charging Party on Interrogatory Answer No.3, Incorporated Memorandum of Law, and Statement Certifying Good Faith Effort to Resolve Dispute with Opposing Counsel by Awareness Technology, Inc.. Responses due by 5/8/2007 (Bovie, George) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

29

Notice of Instruction to Filer re 27 Notice (Other), 26 Notice (Other) filed by United States Equal Employment Opportunity Commission. ERROR: Incorrect "Notice (Other)" event used; Correct event to use in the FUTURE is "Notice of Mediation Hearing" found under Mediation Documents. (gp) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

30

ORDER granting in part 28 Motion to Reopen Discovery ;Signed by Judge Jose E. Martinez on 04/26/2007. (bs) (Entered: 04/26/2007)

April 26, 2007

April 26, 2007

31

RESPONSE in Opposition re 28 MOTION for Discovery to Re-Open Discovery and For Leave to Re-Depose the Charging Party on Interrogatory Answer No.3, Incorporated Memorandum of Law, and Statement Certifying Good Faith Effort to Resolve Dispute with Opposing Counsel filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EEOC Exhibit 1# 2 Exhibit EEOC Exhibit 2# 3 Exhibit EEOC Exhibit 3# 4 Exhibit EEOC Exhibit 4# 5 Exhibit EEOC Exhibit 5# 6 Exhibit EEOC Exhibit 6)(Boehringer, Maria) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

Notice of Undeliverable Mail re31 Response in Opposition to Motion,, filed by United States Equal Employment Opportunity Commission, Email returned for: Maritza I. Gomez Resolved by: Legal Assistant Jessica Jimenez informed that attorney Gomez is not longer with the agency. She will inform the attorney in charge of this case to file a motion to terminate attorney Gomez from this case. The attorney cannot be located no forwarded address or an email address was found. E-mail address has been deleted and the attorney was deactivated. (mc) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

32

NOTICE by United States Equal Employment Opportunity Commission to Terminate Attorney of Record for EEOC (Boehringer, Maria) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

33

NOTICE by United States Equal Employment Opportunity Commission of Appearance to Add Attorney of Record for EEOC (Boehringer, Maria) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

35

Notice of Docket Correction: Wrong event chosen; filed as 32 Notice (Other); redocketed as [34] MOTION to Withdraw as Attorney. Notice of Instruction to Filer: In the future choose the correct event. (de) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

36

Notice of Instruction to Filer: In the future choose the correct event (Notice of Attorney Appearance) re 33 Notice (Other). (de) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

37

ORDER denying28 Motion For Leave to Re-Depose the Charging Party on Interrogatory Answer No.3 filed by Awareness Technology, Inc., Signed by Magistrate Judge Frank J. Lynch Jr. on 5/15/07.(cga) (Entered: 05/17/2007)

May 15, 2007

May 15, 2007

38

ORDER granting 21 Motion to Substitute Attorney. Attorney Maritza I. Gomez and Michael Wells terminated, granting [34] Motion to Withdraw as Attorney. Attorney Maritza I. Gomez and Michael Wells terminated Signed by Judge Jose E. Martinez on 5/17/07. (lh) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

39

FINAL REPORT of Mediation Disposition: Settled(Hankins, Robyn) (Entered: 06/12/2007)

June 12, 2007

June 12, 2007

40

ORDER ON NOTICE OF SETTLEMENT re 39 Report of Mediation. Documents necessary to conclude this action Deadline 6/29/2007.Signed by Judge Jose E. Martinez on 6/19/07.(lh) (Entered: 06/19/2007)

June 19, 2007

June 19, 2007

41

SETTLEMENT AGREEMENT /CONSENT DECREE by United States Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Proposed Order of Dismissal)(Boehringer, Maria) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

42

FINAL ORDER DISMISSING CASE AND ORDER DENYING ALL PENDING MOTIONS AS MOOT, Signed by Judge Adalberto Jordan on 7/3/07.(lh) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

43

Plaintiff's MOTION for Execution of Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A (Consent Decree))(Boehringer, Maria) (Entered: 07/05/2007)

July 5, 2007

July 5, 2007

44

ORDER granting 43 Motion for execution of consent decree; Signed by Judge Cecilia M. Altonaga on 07/06/2007. (bs) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

45

Notice of Filing: Attachment to 44 Order (nm) (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

Notice of Undeliverable Mail re42 Order Dismissing Case, 43 Plaintiff's MOTION for Execution of Consent Decree filed by United States Equal Employment Opportunity Commission,, 44 Order on Motion for Miscellaneous Relief, 45 Notice (Other), Email returned for: Michael Wells Resolved by: leaving voice mail for attorney to update email address. (sk) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

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: June 30, 2006

Closing Date: 2010

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

Awareness Technology, Inc. (Palm City, Florida), 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: 60000

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Demotion

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits