Case: EEOC v. Magic Toyota

6:05-cv-01452 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 29, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2005, the Miami District Office of the EEOC filed this lawsuit against the new and used car dealer FLTVT, LLC, formerly known as Magic Toyota, doing business as David Maus Toyota, in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of race, black, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant fired or demoted the complaining parties based upon their race rather than for th…

In September 2005, the Miami District Office of the EEOC filed this lawsuit against the new and used car dealer FLTVT, LLC, formerly known as Magic Toyota, doing business as David Maus Toyota, in the U.S. District Court for the Middle District of Florida alleging discrimination on the basis of race, black, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged the defendant fired or demoted the complaining parties based upon their race rather than for the economic purposes claimed by the defendant. The plaintiffs intervened in the lawsuit in January 2006, including allegations of violations of Florida's Civil Rights Act and defamation by the defendant against one complaining party by circulating a rumor that the complaining party had falsified financial documents to other dealerships in central Florida. Following discovery and a partial finding of summary judgment for the plaintiffs regarding their hostile work environment claims, the issue was tried by a jury in November 2007. The jury found in favor of the defendants, and the bill of costs was taxed against the EEOC and plaintiffs.

Summary Authors

David Friedman (4/10/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4773688/parties/united-states-equal-employment-opportunity-commission-v-fltvt-llc/


Judge(s)

Spaulding, Karla R. (Florida)

Judge(s)

Spaulding, Karla R. (Florida)

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Documents in the Clearinghouse

Document

6:05-cv-01452

Docket (PACER)

United States Equal Employment Opportunity Commission v. FLTVT, LLC

Dec. 4, 2007

Dec. 4, 2007

Docket
1

6:05-cv-01452

Complaint

EEOC v. FLTVT, LLC

Sept. 29, 2005

Sept. 29, 2005

Complaint
17

6:05-cv-01452

Plaintiffs/Intervenors' [] Verified Complaint and Demand for Jury Trial

EEOC v. FLTVT, LLC

Jan. 9, 2006

Jan. 9, 2006

Complaint
37

6:05-cv-01452

Order

EEOC v. FLTVT, LLC

May 18, 2007

May 18, 2007

Order/Opinion
40

6:05-cv-01452

Order [Denying Motion to Compel]

EEOC v. FLTVT, LLC

July 10, 2007

July 10, 2007

Order/Opinion
53

6:05-cv-01452

Order [Dismissing Defamation Claim]

EEOC v. FLTVT, LLC

Aug. 9, 2007

Aug. 9, 2007

Order/Opinion
70

6:05-cv-01452

Order [re: Summary Judgment]

EEOC v. FLTVT, LLC

Oct. 18, 2007

Oct. 18, 2007

Order/Opinion
107

6:05-cv-01452

Judgment in a Civil Case

EEOC v. FLTVT, LLC

Nov. 19, 2007

Nov. 19, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4773688/united-states-equal-employment-opportunity-commission-v-fltvt-llc/

Last updated Feb. 9, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against FLTVT, LLC ; jury demand , filed by United States Equal Employment Opportunity Commission.(IGC) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

Summons issued as to FLTVT, LLC. (IGC) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

2

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due within 11 days from the date of this order.Signed by Judge John Antoon II on 10/21/2005. (DJD, ) (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

3

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due within 11 days from the date of this order.Signed by Judge John Antoon II on 10/21/2005. (DJD, ) (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

4

NOTICE of pendency of other actions re 2 order of compliance to Local Rule by United States Equal Employment Opportunity Commission Related case(s): no (Dreilinger, Lauren) Modified on 11/18/2005 (IGC). (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

5

Certificate of Interested Persons & Corporate disclosure statement re 3 Interested Persons Order by United States Equal Employment Opportunity Commission (Dreilinger, Lauren) Modified on 11/18/2005 (IGC). (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

6

MOTION for extension of time to file answer or otherwise plead by FLTVT, LLC. (Burruezo, Carlos) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

8

RETURN of service executed on 11/22/05 by United States Equal Employment Opportunity Commission as to FLTVT, LLC. (IGC) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

9

MOTION to intervene by Sylvester A Cole, Jr., Frederick Rivers, Carlton C Small, Seymour S Small, Rickey Williams. (Attachments: # 1 Exhibit Verified Intervenor Complaint# 2 Exhibit Letters of Determination# 3 Exhibit Notice of Determination)(DeCiccio, Daniel) (Entered: 12/29/2005)

Dec. 29, 2005

Dec. 29, 2005

10

ANSWER to complaint by FLTVT, LLC.(Murphy, James) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

11

NOTICE of Appearance by James B. Murphy, Jr on behalf of FLTVT, LLC (Murphy, James) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

12

NOTICE of pendency of other actions re order of compliance to Local Rule by FLTVT, LLC Related case(s): n (Murphy, James) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

13

CERTIFICATE of interested persons and corporate disclosure statement by FLTVT, LLC. (Murphy, James) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

14

ENDORSED ORDER granting 9 Motion to intervene. Plaintiffs/Intevenors must file their Complaint as a separate document. Signed by Judge John Antoon II on 1/4/2006. (EMW) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

15

MOTION for William C. Martucci & Carrie McAtee to appear pro hac vice by James B. Murphy, Jr on behalf of FLTVT, LLC. (Murphy, James) Modified on 1/5/2006 (IGC). (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

16

ORDER granting 15 motion to appear pro hac vice . Signed by Judge Karla R. Spaulding on 1/5/2006. (SJB, ) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

17

Verified INTERVENOR'S COMPLAINT & Demand for Jury Trial, filed by all plaintiffs. (Attachments: # 1 Verification to Verified Intervenors Complaint# 2 Exhibit Composite Exhibit A - Letters of Determination)(DeCiccio, Daniel) Modified on 1/10/2006 (IGC). (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

18

WAIVER OF SERVICE returned executed on 01/17/2006 by Frederick Rivers. Waiver of Service sent on 01/11/2006 as to FLTVT, LLC. (DeCiccio, Daniel) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

19

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by intervenor plaintiffs within 11 days from the date of this order. Signed by Judge John Antoon II on 2/7/2006. (DJD, ) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

20

CERTIFICATE of interested persons and corporate disclosure statement re 19 Interested Persons Order by Frederick Rivers. (DeCiccio, Daniel) Modified on 2/10/2006 (IGC). (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

21

CASE MANAGEMENT REPORT. (Dreilinger, Lauren) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

22

CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge John Antoon II on 3/2/2006. (EMW) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

24

AMENDED ANSWER to 17 Intervenor Complaint, by FLTVT, LLC. (Murphy, James) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

25

Joint MOTION for Extension of Time to Complete Discovery and Related Case Deadlines by FLTVT, LLC. (Attachments: # 1 Text of Proposed Order)(McAtee, Carrie) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

26

ORDER granting in part and denying in part 25 Motion for Extension of Time.Signed by Judge John Antoon II on 3/5/2007. (BRS) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

27

NOTICE of Appearance by Ena T. Diaz on behalf of FLTVT, LLC (Diaz, Ena) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

28

ORDER that the parties are directed to file their Notice of Mediation no later than March 28, 2007. Signed by Judge John Antoon II on 3/23/2007. (BRS) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

29

JOINT NOTICE by United States Equal Employment Opportunity Commission Notice of Mediation set for 5/15/07 at 10:30 a.m. (Dreilinger, Lauren) Modified on 3/28/2007 (IGC). (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

30

Unopposed MOTION for Kevin M. Smith to appear pro hac vice by FLTVT, LLC. (Attachments: # 1 Exhibit Written Designation)(Diaz, Ena) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

31

ORDER granting 30 motion to appear pro hac vice. Signed by Judge Karla R. Spaulding on 3/30/2007. (JML, ) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

32

MOTION to compel Plaintiffs Fred Rivers and Seymour Small to Submit to a Psychological Evaluation Pursuant to Rule 35 and Memorandum of Law in Support Thereof by FLTVT, LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Diaz, Ena) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

33

RESPONSE in opposition re 32 MOTION to compel Plaintiffs Fred Rivers and Seymour Small to Submit to a Psychological Evaluation Pursuant to Rule 35 and Memorandum of Law in Support Thereof filed by Frederick Rivers. (Attachments: # 1 Exhibit A through D)(DeCiccio, Daniel) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

34

REPLY to 33 response to motion re 32 MOTION to compel Plaintiffs Fred Rivers and Seymour Small to Submit to a Psychological Evaluation Pursuant to Rule 35 and Memorandum of Law in Support Thereof filed by FLTVT, LLC. (McAtee, Carrie) Modified on 5/16/2007 (IGC). ***STRICKEN PER ORDER ENTERED ON 5/17/07 - DOCUMENT NO. 36*** (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

35

MEDIATION REPORT Hearing held on 5/15/2007 Hearing outcome: IMPASSE(Singletary, Cary) (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

36

ORDER to strike re: 34 Reply to response to motion, filed by FLTVT, LLC. This is an unauthorized reply memorandum that will not be considered by the Court. See Local Rule 3.01(c). Signed by Judge Karla R. Spaulding on 5/17/2007. (Spaulding, Karla) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

37

ORDER denying 32 Motion to compel. Signed by Judge Karla R. Spaulding on 5/18/2007. (JML, ) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

38

MOTION to compel Plaintiffs' Employment Records and Memorandum of Law in Support Thereof by FLTVT, LLC. (Diaz, Ena) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

39

RESPONSE to motion re 38 MOTION to compel Plaintiffs' Employment Records and Memorandum of Law in Support Thereof filed by Frederick Rivers, SylvesterA. Cole, Jr., Carlton C. Small, Seymour S. Small, Ricky Williams & United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(DeCiccio, Daniel) Modified on 6/26/2007 (IGC). (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

40

ORDER denying 38 Motion to compel. Signed by Judge Karla R. Spaulding on 7/10/2007. (JML, ) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

41

Daubert MOTION regarding defendant's expert report by Frederick Rivers. (Attachments: # 1 Exhibit)(DeCiccio, Daniel) Modified on 7/13/2007 (MJT). (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

42

MOTION for summary judgment by FLTVT, LLC. (McAtee, Carrie) **STRICKEN PER ORDER ENTERED ON 7/17/07 - DOCUMENT NO. 45**(IGC). (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

43

MEMORANDUM in support re 42 Motion for summary judgment filed by FLTVT, LLC. (Attachments: # 1 Exhibit Seymour Small Depo# 2 Exhibit Seymour Small Depo# 3 Exhibit 1-3 Seymour Small Depo# 4 Exhibit 1-4 Seymour Small Depo# 5 Exhibit 2-1 Carlton Small Depo# 6 Exhibit 2-2 Carlton Small Depo# 7 Exhibit 2-3 Carlton Small Depo# 8 Exhibit 3-1 Cole Depo# 9 Exhibit 3-2 Cole Depo# 10 Exhibit 3-3 Cole Depo# 11 Exhibit 3-4 Cole Depo# 12 Exhibit 3A Cole Interrogatory Answer# 13 Exhibit 4-1 Rivers Depo# 14 Exhibit 4-2 Rivers Depo# 15 Exhibit 4-3 Rivers Depo# 16 Exhibit 4-4 Rivers Depo# 17 Exhibit 5-1 Williams Depo# 18 Exhibit 5-2 Williams Depo# 19 Exhibit 5-3 Williams Depo# 20 Exhibit 6-1 Penniman Depo# 21 Exhibit 6-2 Penniman Depo# 22 Exhibit 6-3 Penniman Depo# 23 Exhibit 6-4 Penniman Depo# 24 Exhibit 6-5 Penniman Depo# 25 Exhibit 6-6 Penniman Depo# 26 Exhibit 7-1 6/8/07 McCumber Depo# 27 Exhibit 7-2 6/8/07 McCumber Depo# 28 Exhibit 8 Handbook Excerpts# 29 Exhibit 9-1 Barnes Depo# 30 Exhibit 9-2 Barnes Depo# 31 Exhibit 10-1 Lopez Depo# 32 Exhibit 10-2 Lopez Depo# 33 Exhibit 10-3 Lopez Depo# 34 Exhibit 10-4 Lopez# 35 Exhibit 10-5 Lopez Depo# 36 Exhibit 10-6 Lopez Depo# 37 Exhibit 11 3rd Quarter 2002 Poster# 38 Exhibit 12 4th Quarter 2002 Poster# 39 Exhibit 13 January 2004 Poster# 40 Exhibit 14-1 4/13/07 McCumber Depo# 41 Exhibit 14-2 4/13/07 McCumber Depo# 42 Exhibit 14-3 4/13/07 McCumber Depo.# 43 Exhibit 15-1 McRae Decl. and report# 44 Exhibit 15-2 McRae Decl. and report# 45 Exhibit 16 Cole Acknowledgement# 46 Exhibit 17-1 Harrison Depo# 47 Exhibit 17-2 Harrison Depo# 48 Exhibit 18-1 Eastridge Depo# 49 Exhibit 18-2 Eastridge Depo# 50 Exhibit 18-3 Eastridge Depo# 51 Exhibit 19 May 5, 2003 e-mail# 52 Exhibit 20-1 Van Tuyl Depo# 53 Exhibit 20-2 Van Tuyl Depo# 54 Exhibit 21-1 Maus Depo# 55 Exhibit 21-2 Maus Depo# 56 Exhibit 21-3 Maus Depo# 57 Exhibit 22-1 Taub Depo# 58 Exhibit 22-2 Taub Depo# 59 Exhibit 22-3 Taub Depo# 60 Exhibit 23-1 Ruggeri Depo# 61 Exhibit 23-2 Ruggeri Depo)(McAtee, Carrie) **STRICKEN PER ORDER ENTERED ON 7/17/07 - DOCUMENT NO. 45** (IGC). (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

44

DAUBERT MOTION in limine regarding Plaintiffs' Offer of Testimony from Joyce Eastridge by FLTVT, LLC. (Attachments: # 1 Exhibit Plaintiffs' Expert Disclosure Document# 2 Exhibit Eastridge Expert Report on Financial Information# 3 Exhibit July 9 Letter to Plaintiffs' Counsel# 4 Exhibit July 11 Letter from Plaintiffs' Counsel# 5 Exhibit Argiz Report# 6 Exhibit Inouye Report (Part I)# 7 Exhibit Inouye Report (Part II)# 8 Exhibit Inouye Report (Part III)# 9 Exhibit Eastridge Letter# 10 Exhibit Eastridge Deposition Transcript Excerpts)(Smith, Kevin) Modified on 10/24/2007 (IGC). (Entered: 07/14/2007)

July 13, 2007

July 13, 2007

45

ORDER striking 42 Motion for summary judgment and 43 Suggestions in Support of Defendant FLTVT, LLC's Motion for Summary Judgment. Defendant FLTVT, LLC shall have until July 19, 2007, to file its Motion for Summary Judgment and Memorandum in accordance with the requirements of Local Rule 3.01(a). Signed by Judge John Antoon II on 7/17/2007. (BRS) (Entered: 07/17/2007)

July 17, 2007

July 17, 2007

46

MOTION to strike 43 Memorandum in support,,,,,,,, and Motion for Summary Judgment by all plaintiffs. (Attachments: # 1 Exhibit # 2 Exhibit)(Dreilinger, Lauren) (Entered: 07/17/2007)

July 17, 2007

July 17, 2007

47

ENDORSED ORDER denying as moot 46 Motion to strike. Signed by Judge John Antoon II on 7/18/2007. (BRS) (Entered: 07/18/2007)

July 18, 2007

July 18, 2007

48

MOTION for summary judgment and memorandum of law in support thereof (dispositive motion)) by FLTVT, LLC. (Attachments: # 1 Exhibit 1-1 (6-8-7 McCumber Deposition)# 2 Exhibit 1-2# 3 Exhibit 2 (Handbook Excerpts)# 4 Exhibit 3-1 (Lopez Deposition)# 5 Exhibit 3-2# 6 Exhibit 4-1 (4-13-07 McCumber Deposition)# 7 Exhibit 4-2# 8 Exhibit 4-3# 9 Exhibit 5-1 (Barnes Deposition)# 10 Exhibit 5-2# 11 Exhibit 6 (2002 and 2003 Materials)# 12 Exhibit 7-1 (McRae Affidavit and Expert Report)# 13 Exhibit 7-2# 14 Exhibit 8-1 (Williams Deposition)# 15 Exhibit 8-2# 16 Exhibit 8-3# 17 Exhibit 9-1 (Carlton Small Deposition)# 18 Exhibit 9-2# 19 Exhibit 9-3# 20 Exhibit 10-1 (Seymour Small Deposition)# 21 Exhibit 10-2# 22 Exhibit 10-3# 23 Exhibit 10-4# 24 Exhibit 11-1 (Rivers Deposition)# 25 Exhibit 11-2# 26 Exhibit 11-3# 27 Exhibit 11-4# 28 Exhibit 12-1 (Cole Deposition)# 29 Exhibit 12-2# 30 Exhibit 12-3# 31 Exhibit 12-4# 32 Exhibit 13 (Cole Acknowledgement)# 33 Exhibit 14-1 (Penniman Deposition)# 34 Exhibit 14-2# 35 Exhibit 14-3# 36 Exhibit 14-4# 37 Exhibit 14-5# 38 Exhibit 14-6# 39 Exhibit 15-1 (Harrison Deposition)# 40 Exhibit 15-2# 41 Exhibit 16-1 (Eastridge Deposition)# 42 Exhibit 16-2# 43 Exhibit 16-3# 44 Exhibit 17-1 (Van Tuyl Deposition)# 45 Exhibit 17-2# 46 Exhibit 18-1 (Maus Deposition)# 47 Exhibit 18-2# 48 Exhibit 18-3# 49 Exhibit 19-1 (Taub Deposition)# 50 Exhibit 19-2# 51 Exhibit 19-3)(McAtee, Carrie) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

49

MEMORANDUM in opposition re 41 Motion for miscellaneous relief filed by FLTVT, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(McAtee, Carrie) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

51

UNOPPOSED MOTION to dismiss Defamation Claim by Sylvester A Cole, Jr. (Attachments: # 1 Exhibit)(DeCiccio, Daniel) Modified on 8/2/2007 (IGC). (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

52

RESPONSE in opposition to Defendant's 48 Motion for Summary Judgment filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service# 2 Plaintiffs' Exhibit List# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10(A)# 13 Exhibit 10(B)# 14 Exhibit 10(C)# 15 Exhibit 11# 16 Exhibit 12# 17 Exhibit 13# 18 Exhibit 14# 19 Exhibit 15# 20 Exhibit 16# 21 Exhibit 17# 22 Exhibit 18# 23 Exhibit 19# 24 Exhibit 20# 25 Exhibit 21# 26 Exhibit 22# 27 Exhibit 23# 28 Exhibit 24# 29 Exhibit 25# 30 Exhibit 26# 31 Exhibit 27# 32 Exhibit 28# 33 Exhibit 29# 34 Exhibit 30# 35 Exhibit 31# 36 Exhibit 32# 37 Exhibit 33# 38 Exhibit 34# 39 Exhibit 35(A)# 40 Exhibit 35(B)# 41 Exhibit 36# 42 Exhibit 37# 43 Exhibit 38# 44 Exhibit 39)(Dreilinger, Lauren) Modified on 8/6/2007 (IGC). (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

53

ORDER granting 51 Motion to dismiss defamation claim. Signed by Judge John Antoon II on 8/9/2007. (BRS) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

54

MOTION for leave to file Reply to 52 Response in Opposition to Defendants 48 Motion for Summary Judgment by FLTVT, LLC. (McAtee, Carrie) Modified on 8/10/2007 (IGC). (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

55

ORDER granting 54 Motion for leave to file Reply. Signed by Judge John Antoon II on 9/2/2007. (BRS) (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

56

REPLY to 52 response to motion in support of its 48 motion for summary judgment filed by FLTVT, LLC. (McAtee, Carrie) Modified on 9/13/2007 (IGC). (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

57

PRETRIAL STATEMENT by Frederick Rivers. (DeCiccio, Daniel) **Called attorney on 9/14/07 to refile pleading - improper format** (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

58

PROPOSED voir dire questions by Frederick Rivers. (DeCiccio, Daniel) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

59

PROPOSED jury instructions by United States Equal Employment Opportunity Commission. (Curtin, Nora) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

60

JOINT PRETRIAL STATEMENT by Frederick Rivers. (DeCiccio, Daniel) Modified on 9/17/2007 (IGC). (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

61

MOTION in limine by all plaintiffs. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Dreilinger, Lauren) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

62

TRIAL BRIEF Plaintiffs' by United States Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

64

STIPULATION (JOINT) (with signatures) by FLTVT, LLC. (McAtee, Carrie) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

65

MOTION in limine (and Incorporated Memorandum of Law in Support Thereof) by FLTVT, LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(McAtee, Carrie) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

66

RESPONSE in opposition re 65 MOTION in limine (and Incorporated Memorandum of Law in Support Thereof) Plaintiffs' filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 # 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11)(Dreilinger, Lauren) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

67

MEMORANDUM in opposition re 61 Motion in limine filed by FLTVT, LLC. (Attachments: # 1 Exhibit Intervenor Rivers' Response to Request for Production No. 22# 2 Exhibit Intervenor Williams' Deposition Excerpts# 3 Exhibit Maxwell v. Health Center of Lake City# 4 Exhibit Intervenor Rivers Depo Excerpts# 5 Exhibit Smalley Statement# 6 Exhibit Smalley Depo Excerpts# 7 Exhibit Hill Statement)(McAtee, Carrie) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

68

MOTION for leave to file amended exhibit list by Frederick Rivers. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(DeCiccio, Daniel) Modified on 10/3/2007 (IGC). Modified on 10/17/2007 (LAK). (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

69

MEMORANDUM in opposition re 68 Motion for leave to file amended exhibit list filed by FLTVT, LLC. (McAtee, Carrie) Modified on 10/17/2007 (LAK). (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

70

ORDER granting in part and denying in part 48 Motion for Summary Judgment. The motion is granted as to Plaintiffs' hostile work environment claims and is denied as to Plaintiffs' claims of discriminatory termination and demotion. Signed by Judge John Antoon II on 10/18/2007. (ek)

Oct. 18, 2007

Oct. 18, 2007

RECAP
71

NOTICE of Hearing: Final Pretrial Conference set for 10/30/2007 at 09:30 AM in Courtroom 6 B before Judge John Antoon II. Trial counsel must appear in person at the Final Pretrial Conference. Counsel should be prepared to discuss pending motions in limine and any objections to exhibits and witnesses.(DJD, ) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

72

TRIAL CALENDAR for trial term November 2007 (DJD, ) Additional attachment(s) added on 10/26/2007 (DJD, ). (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

73

MOTION Excuse Appearance of Local Counsel And Incorporated Memorandum of Law in Support Thereof by FLTVT, LLC. (McAtee, Carrie) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

74

MOTION to allow electronic equipment, specifically cell phone, laptop computer and portable printer by Frederick Rivers. (DeCiccio, Daniel) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

76

ENDORSED ORDER granting 73 Motion to excuse appearance of local counsel. Signed by Judge John Antoon II on 10/30/2007. (BRS) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

77

MOTION to allow electronic equipment, specifically Cellular Telephones, Laptop Computers, BlackBerry Devices, Projector, and Accessory Equipment (Into Courthouse For Trial) by FLTVT, LLC. (McAtee, Carrie) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

81

MINUTE ENTRY for proceedings held before Judge John Antoon II : FINAL PRETRIAL CONFERENCE held on 10/30/2007. Parties estimate 10 days for trial. Court to commence with Jury Selection on Monday, November 5, 2007. Court Reporter: Tony Rolland (DJD, ) (Entered: 11/02/2007)

Oct. 30, 2007

Oct. 30, 2007

82

ORAL ORDER granting in part and denying in part 44 Motion in limine; Granting in part and reserving ruling in part 61 Motion in limine; Taking under advisement 65 Motion in limine; Granting 68 Motion for leave to file amended exhibit list; Granting 74 Motion to allow electronic equipment; Granting 77 Motion to allow electronic equipment. Entered by Judge John Antoon II on 10/30/2007. (DJD, ) (Entered: 11/02/2007)

Oct. 30, 2007

Oct. 30, 2007

83

ORE TENUS MOTION in limine to exclude the testimony of Jerry McDaniel and regarding Mr. Ornstein by United States Equal Employment Opportunity Commission. (DJD, ) (Entered: 11/02/2007)

Oct. 30, 2007

Oct. 30, 2007

84

ORAL ORDER granting in part and denying in part 83 Motion in limine. Entered by Judge John Antoon II on 10/30/2007. (DJD, ) (Entered: 11/02/2007)

Oct. 30, 2007

Oct. 30, 2007

78

NOTICE of Filing Additional Authority in Opposition to Defendant's 65 Motion in Limine and in support of 66 Response in opposition to motion, by United States Equal Employment Opportunity Commission (Attachments: # 1 Exhibit: Bass v. Board of County Commissioners; # 2 Exhibit: Bernstein v. Sephora; # 3 Exhibit: Ryder v. Westinghouse Electric Corp.#; (4) Exhibit: Damon v. Fleming Supermarkets of Florida, Inc.; # 5 Exhibit: Ostrowski v. Atlantic Mutual Insurance Co.; # 6 Exhibit: Stubblefield v. Trinity Industries, Inc.)(Boehringer, Maria) Modified on 11/1/2007 (JET). (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

79

NOTICE of supplemental authority re 65 MOTION in limine (and Incorporated Memorandum of Law in Support Thereof) by FLTVT, LLC (McAtee, Carrie) (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

80

MOTION to strike 79 Notice of supplemental authority, or in the alternative, MOTION for permission to file reply by United States Equal Employment Opportunity Commission. (Boehringer, Maria) Modified on 11/2/2007 (JET). (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

85

NOTICE of Appearance by Maria Kate Boehringer on behalf of United States Equal Employment Opportunity Commission (Boehringer, Maria) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

86

ORDER granting Daniel DeCiccio permission to use Laptop Computer and Cellular telephone in Courtroom No. 3A for trial commencing November 5, 2007. Signed by Judge John Antoon II on 11/2/2007. (DJD, ) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

87

ORDER allowing Carrie McAtee and William Martucci to bring in a laptop computer and cellular telephone into Courtroom No. 3A for use at trial commencing Monday, November 5, 2007. Signed by Judge John Antoon II on 11/2/2007. (DJD, ) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

88

MOTION to allow electronic equipment, specifically Laptop Computer and Cellular Telephones by United States Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

89

MINUTE ENTRY for proceedings held before Judge John Antoon II : Voir Dire held on 11/5/2007. Jury selected and sworn. Plaintiffs witness: William Smalley. Court to reconvene at 9:00 a.m. on Tuesday, November 6, 2007. Court Reporter: Tony Rolland (DJD, ) (Entered: 11/06/2007)

Nov. 5, 2007

Nov. 5, 2007

90

MINUTE ENTRY for proceedings held before Judge John Antoon II : JURY TRIAL (DAY TWO) held on 11/6/2007. Continued testimony of plaintiffs witness: William Smalley; Plaintiffs witness: Frederick Rivers. Court to reconvene at 9:00 a.m. on Wednesday, November 7, 2007 Court Reporter: Tony Rolland (DJD, ) (Entered: 11/07/2007)

Nov. 6, 2007

Nov. 6, 2007

91

MINUTE ENTRY for proceedings held before Judge John Antoon II : JURY TRIAL (DAY THREE) held on 11/7/2007. Continued testimony of Frederick Rivers; Plaintiffs witness: Seymour Small; Court to reconvene at 9:00 a.m. on Thursday, November 8, 2007. Court Reporter: Tony Rolland (DJD, ) (Entered: 11/08/2007)

Nov. 7, 2007

Nov. 7, 2007

92

MINUTE ENTRY for proceedings held before Judge John Antoon II : JURY TRIAL (DAY FOUR) held on 11/8/2007. Juror requested to be excused for remainder of trial; Court grants jurors request. Continued testimony of Seymour Small; Plaintiffs witnesses: Carlton Small, and Rickey Williams. Court GRANTS EEOC's Motion to allow laptop and cellular telephones into the courtroom for trial (Doc. No. 88). Separate order to be entered. Court to reconvene at 8:30 a.m. on Tuesday, November 13, 2007. Court Reporter: Tony Rolland (DJD, ) (Entered: 11/09/2007)

Nov. 8, 2007

Nov. 8, 2007

93

ORDER granting EEOC's 88 Motion to allow electronic equipment including laptop computer and cellular telephone into Courtroom No. 3A for use at trial. Signed by Judge John Antoon II on 11/9/2007. (DJD, ) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

94

MOTION to strike Mark Ornstein by Frederick Rivers. (DeCiccio, Daniel) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

95

RESPONSE in opposition re 94 MOTION to strike Mark Ornstein filed by FLTVT, LLC. (McAtee, Carrie) (Entered: 11/12/2007)

Nov. 12, 2007

Nov. 12, 2007

96

Minute Entry. Proceedings held before Judge John Antoon II: Granting in part and denying in part 65 Motion in limine; denying 94 Motion to strike Mark Ornstein; JURY TRIAL (DAY FIVE) held on 11/13/2007. Plaintiffs witnesses: Laura Jean Ruggeri, Sylvester A. Cole, Jr. Plaintiff rests. Defendant's witness: Bryan E. Penniman. Court to reconvene at 9:00 a.m. on Wednesday, November 14, 2007. Court Reporter: Tony Rolland (DJD) (Entered: 11/15/2007)

Nov. 13, 2007

Nov. 13, 2007

97

Minute Entry. Proceedings held before Judge John Antoon II: JURY TRIAL (DAY SIX) held on 11/14/2007. Continued testimony of Bryan Penniman; Defendant's witnesses: Jose Danny Taub, Larry Barnes, Tamara Hill and deposition testimony of Mark Petri. Court to reconvene at 9:00 a.m. on Thursday, November 15, 2007. Court Reporter: Tony Rolland (DJD) (Entered: 11/15/2007)

Nov. 14, 2007

Nov. 14, 2007

99

Minute Entry. Proceedings held before Judge John Antoon II: JURY TRIAL (DAY SEVEN) held on 11/15/2007. Defendant's witnesses: Tony Argiz, John J. Walsh, III and Julie Ann McCumber; Deposition testimony of Scott Harrison in Plaintiff's Case-in-chief read in open court. Court to reconvene at 9:45 a.m. on Friday, November 16, 2007. Court Reporter: Tony Rolland (DJD) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

100

Minute Entry. Proceedings held before Judge John Antoon II: JURY TRIAL (DAY EIGHT) held on 11/16/2007. Defendant's witnesses: Hugh Palmer, Ricardo Santana Ortiz, Damin Ferguson, Derek Alphonso, David Maus, Deposition testimony of Larry Van Tuyl, Video testimony of Kathryn Lopez, Mary Ann Peel. Defendant rests; RENEWED ORE TENUS MOTION by defendant for Judgment as a Matter of Law - Court takes Motion under advisement. Court to reconvene at 8:30 a.m. on Monday, November 19, 2007 for charge conference. Court Reporter: Tony Rolland (DJD) (Entered: 11/19/2007)

Nov. 16, 2007

Nov. 16, 2007

101

Minute Entry. Proceedings held before Judge John Antoon II: JURY TRIAL (DAY NINE) completed on 11/19/2007. Jury reaches verdict in favor of defendant. Court Reporter: Tony Rolland (DJD) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

102

COURT'S JURY INSTRUCTIONS. (DJD) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

103

JURY VERDICT in favor of defendant. (DJD) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

104

EXHIBIT LIST by United States Equal Employment Opportunity Commission, Sylvester A Cole, Jr., Frederick Rivers, Carlton C Small, Seymour S Small, Rickey Williams. (DJD) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

105

EXHIBIT LIST by FLTVT, LLC.(DJD) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 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: Sept. 29, 2005

Closing Date: 2007

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

FLTVT, LLC (Longwood, Florida), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

Title VII (including PDA), 42 U.S.C. § 2000e

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Demotion

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Race discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit