Case: EEOC v. APPLEGATE USA INC (d/b/a UNITED SHEET METAL)

1:06-cv-21668 | 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 Miami and Tampa offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Applegate USA, Inc. (doing business as United Sheet Metal) 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, who worked for them as an administrative assistant, by terminating her when she informed them of her need to take maternity leave.On November 7, 2006, the case …

On June 30, 2006, the Miami and Tampa offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Applegate USA, Inc. (doing business as United Sheet Metal) 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, who worked for them as an administrative assistant, by terminating her when she informed them of her need to take maternity leave.

On November 7, 2006, the case was referred to mediation. On June 27, 2007, the parties notified the court that they had reached a settlement, and the EEOC filed a motion for dismissal. On July 3, 2007, the court dismissed the case, and two days later, the parties filed their consent decree with the court.

Under the terms of the decree, the defendants agreed to pay the complainant $90,000 in compensatory damages and $10,000 in backpay within 30 days of the entry of the consent decree. The defendants agreed to post and distribute to all employees notice of their employment rights under Title VII, and they agreed to provide annual training for three years for all of their employees regarding the employment laws and regarding their anti-discrimination policy. The defendants also agreed to provide specific training to all managers concerning the strict prohibition of retaliating against any employee who files a complaint alleging a violation of their civil rights. All materials used at these sessions were to be provided to the EEOC within 10 days, and the EEOC was to be 14 days before any session of the time and location of the training. The defendants agreed to file bi-annual written reports with the EEOC certifying their compliance with the terms of the decree, including a full report of all complaints that were made of harassment or retaliation during the reporting period and how the defendants handled those complaints.

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

Justin Kanter (5/3/2008)

Clearinghouse (6/10/2017)

Documents in the Clearinghouse

Document

1:06-cv-21668

Docket (PACER)

US Equal Employment v. Applegate USA, Inc.

July 10, 2007

July 10, 2007

Docket
1

1:06-cv-21668

Complaint

EEOC v. Applegate USA Inc

June 30, 2006

June 30, 2006

Complaint
34

1:06-cv-21668

Final Order of Dismissal with Prejudice and Closing Case

EEOC v. Applegate USA Inc

July 3, 2007

July 3, 2007

Order/Opinion
36

1:06-cv-21668

Consent Decree

EEOC v. Applegate USA Inc

July 9, 2007

July 9, 2007

Settlement Agreement

Resources

Docket

Last updated Feb. 28, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Magistrate Judge Theodore Klein (vp, Deputy Clerk) (Entered: 07/05/2006)

June 30, 2006

June 30, 2006

Clearinghouse
2

SUMMONS(ES) issued for Applegate USA, Inc. (vp, Deputy Clerk) (Entered: 07/05/2006)

June 30, 2006

June 30, 2006

3

Pursuant to Administrative Order 2006-18, this case is temporarily reassigned to Magistrate Judge Edwin G. Torres ( Signed by Judge William J. Zloch on 07/21/06) [EOD Date: 7/27/06] (mg, Deputy Clerk) (Entered: 07/27/2006)

July 21, 2006

July 21, 2006

Magistrate identification: Magistrate Judge Edwin G. Torres (mg, Deputy Clerk) (Entered: 07/27/2006)

July 21, 2006

July 21, 2006

4

ANSWER to Complaint by Applegate USA, Inc. (Attorney Mark J. Neuberger) (nt, Deputy Clerk) (Entered: 09/18/2006)

Sept. 15, 2006

Sept. 15, 2006

5

MOTION by Applegate USA, Inc. for Bruce A. Inosencio, Jr. to appear pro hac vice (nt, Deputy Clerk) (Entered: 09/18/2006)

Sept. 15, 2006

Sept. 15, 2006

Pro Hac Vice Fee Paid; FILING FEE $ 75.00 RECEIPT # 947062 (nt, Deputy Clerk) (Entered: 09/18/2006)

Sept. 15, 2006

Sept. 15, 2006

6

ORDER denying [5-1] motion for Bruce A. Inosencio, Jr. to appear pro hac vice ( Signed by Judge Adalberto Jordan on 10/05/06) [EOD Date: 10/5/06] (bs, Deputy Clerk) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

7

MOTION for Bruce A. Inosencio, Jr. to Appear Pro Hac Vice Renewed Motion Filing Fee $75, Receipt #100947062 by Applegate USA, Inc.. (Neuberger, Mark) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

8

ORDER re joint scheduling report as required by Local Rule 16.1 . Signed by Judge Adalberto Jordan on 10/19/06. (ep) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

10

ORDER granting 7 MOTION for Bruce A. Inosencio, Jr. to Appear Pro Hac Vice Renewed Motion Filing Fee $75, Receipt #100947062 filed by Applegate USA, Inc. . Signed by Judge Adalberto Jordan on 10/23/06. (hd) (Entered: 11/03/2006)

Oct. 23, 2006

Oct. 23, 2006

9

ORDER granting 7 Motion to Appear Pro Hac Vice . Signed by Judge Adalberto Jordan on 10/30/2006. (bs) (Entered: 10/31/2006)

Oct. 30, 2006

Oct. 30, 2006

11

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

12

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Scheduling Order)(Wells, Michael) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

13

DISCOVERY procedure order for Magistrate Judge Edwin Torres. Signed by Judge Adalberto Jordan on 11/7/06. (ls) (Entered: 11/08/2006)

Nov. 7, 2006

Nov. 7, 2006

14

ORDER SETTING SCHEDULE, REFFERING CERTAIN MOTIONS TO MAGISTRATE JUDGE EDWIN TORRES and REFERRING CASE to Mediation. 15 days to appoint mediator. Discovery due by 4/30/2007. Pretrial Motions [except motions in limine] due by 5/30/2007. Calendar Call set for 7/31/2007 09:00 AM in Miami Division before Judge Adalberto Jordan. Jury Trial set for 8/6/2007 09:00 AM in Miami Division before Judge Adalberto Jordan. Signed by Judge Adalberto Jordan on 11/7/06. (ls) (Entered: 11/08/2006)

Nov. 7, 2006

Nov. 7, 2006

15

NOTICE by United States Equal Employment Opportunity Commission PARTIES' ELECTION RE: JURISDICTION BY MAGISTRATE JUDGE (Wells, Michael) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

16

NOTICE by United States Equal Employment Opportunity Commission NOTICE OF SCHEDULED MEDIATION (Attachments: # 1 Text of Proposed Order)(Wells, Michael) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

17

ORDER Scheduling Mediation on 3/28/07 at 1:00pm. Mediator: John W. Salmon Signed by Judge Adalberto Jordan on 12/11/06. (lk) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

18

Notice of Mediation Hearing onMarch 28, 2007 before Mediator, John W. Salmonfiled by John W. Salmon.(Salmon, John) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

19

NOTICE of Striking 18 Notice of Mediation Hearing filed by John W. Salmon, Wrong pleading was attached by John W. Salmon (Salmon, John) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

20

Notice of Mediation Hearing onMarch 28, 2007 before Mediator, John W. Salmonfiled by John W. Salmon.(Salmon, John) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

21

Unopposed MOTION to Substitute Attorney by United States Equal Employment Opportunity Commission. Responses due by 2/20/2007 (Boehringer, Maria) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

22

ORDER granting 21 Motion to Substitute Attorney. Added attorney Nora E. Curtin for United States Equal Employment Opportunity Commission. Attorney Lauren Gayle Dreilinger terminated Signed by Judge Adalberto Jordan on 2/8/07 (lk) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

23

REPORT of Mediation Disposition: Impasse(Salmon, John) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

24

Defendant's MOTION for Extension of Time to File Extend Discovery Deadline by Applegate USA, Inc.. (Allen, Chalon) (Entered: 04/04/2007)

April 4, 2007

April 4, 2007

25

RESPONSE in Opposition re 24 Defendant's MOTION for Extension of Time to File Extend Discovery Deadline filed by United States Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

26

REPLY to Response to Motion re 24 Defendant's MOTION for Extension of Time to File Extend Discovery Deadline filed by Applegate USA, Inc.. (Attachments: # 1 Exhibit A-Case Docket Sheet# 2 Exhibit B-Letter# 3 Exhibit C-Depo Notices)(Allen, Chalon) (Entered: 04/12/2007)

April 12, 2007

April 12, 2007

27

ORDER granting 24 Motion for Extension of discovery deadline up to 5/14/07. The parties shall have until 6/14/07 to file any pretrial motions.Signed by Judge Adalberto Jordan on 4/13/07. (lk) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

Judge Edwin G. Torres added as per 14. (EGT) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

29

RESPONSE in Opposition re 28 Defendant's MOTION to Compel Inspection of the Computer Hard Drive of Jessica Hernandez filed by United States Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

30

NOTICE by United States Equal Employment Opportunity Commission re 29 Response in Opposition to Motion of Filing Exhibits/Attachments (Attachments: # 1 Exhibit 1 Deposition of J. Hernandez, V1 (pp. 1-49)# 2 Exhibit 1 Deposition of J. Hernandez, V2 (pp. 50-109)# 3 Exhibit 1 Deposition of J. Hernandez, V3 (pp. 110-169)# 4 Exhibit 2 Defendant's Response to EEOC's Request for Production# 5 Exhibit 2A Defendant's Employee Counts 2005# 6 Exhibit 3 Excerpt of Defendant's Interrogatory Answers# 7 Exhibit 4 Defendant's Rule 34 Request (re: Computer)# 8 Exhibit 5 Composite Exhibit of E-mail# 9 Exhibit 6 Affidavit of J. Chavez)(Boehringer, Maria) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

31

REPLY to Response to Motion re 28 Defendant's MOTION to Compel Inspection of the Computer Hard Drive of Jessica Hernandez filed by Applegate USA, Inc.. (Attachments: # 1 Exhibit Court's 4/13/06 Order# 2 Exhibit #2, Plaintiff's Response Obj to Def Mot Compel# 3 Exhibit #3, Email exchange# 4 Exhibit #4, Notice of Filing of Def Mot Compel Inspection# 5 Exhibit #5, 11/7/06 Court Order)(Allen, Chalon) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

32

ORDER Jury Trial set for 8/6/2007 in Miami Division before Judge Adalberto Jordan. Stipulation of dismissal Deadline by 7/6/2007. Pretrial Stipulation due by 6/27/2007.Signed by Judge Adalberto Jordan on 6/25/07.(lk) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

33

STIPULATION of Dismissal by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A (Consent Decree))(Boehringer, Maria) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

34

FINAL ORDER DISMISSING CASE with prejudice. All pending motions are DENIED AS MOOT. This case is CLOSED.Signed by Judge Adalberto Jordan on 7/3/07.(lk) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

Clearinghouse
35

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

37

ORDER GRANTING 35 Plaintiff's MOTION for Execution of Consent Decree filed by United States Equal Employment Opportunity Commission, Signed by Judge Adalberto Jordan on 7/9/07.(lk) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

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: 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

Applegate USA, Inc. (Miami), 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: 100000

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

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