Case: EEOC v. Dias Landscapes

9:06-cv-80297 | U.S. District Court for the Southern District of Florida

Filed Date: March 30, 2006

Closed Date: Jan. 5, 2007

Clearinghouse coding complete

Case Summary

The EEOC's Miami district office sued Dias Landscapes, Corporation on March 30, 2006 in the U.S. District Court for the Southern District of Florida. The EEOC's complaint alleged that the defendant violated Title VII by discriminating against Black, Haitian employees. Specifically, the EEOC alleged that the defendants had segregated its workforce and later discharged three individual claimants. The parties entered into a consent decree on December 15, 2006, stipulating that the defendant woul…

The EEOC's Miami district office sued Dias Landscapes, Corporation on March 30, 2006 in the U.S. District Court for the Southern District of Florida. The EEOC's complaint alleged that the defendant violated Title VII by discriminating against Black, Haitian employees. Specifically, the EEOC alleged that the defendants had segregated its workforce and later discharged three individual claimants.

The parties entered into a consent decree on December 15, 2006, stipulating that the defendant would pay the complainants $150,000 in damages, post a notice of compliance with Title VII, provide Title VII training to its employees, draft and distribute a non-discrimination policy, report complaints of discrimination semiannually, and allow the EEOC to enter the defendant's premises to ensure compliance with the consent decree. The case was closed on January 5, 2007, but the Court retained jurisdiction to enforce the terms of the consent decree, set to last for three years. Since there is not further activity on the docket, this case is presumably closed.

Summary Authors

Aaron Weismann (7/13/2007)

Rachel Barr (1/3/2018)

Documents in the Clearinghouse

Document

9:06-cv-80297

Docket (PACER)

United States Equal Employment Opportunity Commission v. Dias Landscapes

Jan. 5, 2007

Jan. 5, 2007

Docket
1

9:06-cv-80297

Complaint

United States Equal Employment Opportunity Commission v. Dias Landscapes

March 30, 2006

March 30, 2006

Complaint
29

9:06-cv-80297

Consent Decree

United States Equal Employment Opportunity Commission v. Dias Landscapes

Dec. 15, 2006

Dec. 15, 2006

Settlement Agreement

Resources

Docket

Last updated March 25, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Magistrate Judge Johnson (dg, Deputy Clerk) (Entered: 04/03/2006)

March 30, 2006

March 30, 2006

2

SUMMONS(ES) issued for Dias Landscapes (dg, Deputy Clerk) (Entered: 04/03/2006)

March 30, 2006

March 30, 2006

3

ORDER OF REFERENCE AND SETTING TRIAL DATE IN A CIVIL CASE: ORDER set Jury trial for 9:00 11/27/06 before Judge Donald M. Middlebrooks , set calendar call for 1:15 11/22/06 before Judge Donald M. Middlebrooks ( Signed by Judge Donald M. Middlebrooks on 4/4/06) [EOD Date: 4/6/06] (Former Deputy Clerk) (Entered: 04/06/2006)

April 4, 2006

April 4, 2006

3

ORDER OF REFERNECE: Pursuant to 28 USC Section 636(b)(1)(A) and the Magistrate Judge Rules of the local rules of the Southern District of Florida this cause is hereby referred to US Magistrate Judge Linne R. Johnson to conduct a scheduling conference pursuant to local rule 16.1.B, for the purpose of setting pre-trial deadline dates, and for determing possibile consent to the jurisdiction of the Magistrate Judge for trial (Signed by Judge Donald M. Middlebrooks on 4/4/06) [EOD Date: 4/6/06] (Former Deputy Clerk) (Entered: 04/06/2006)

April 4, 2006

April 4, 2006

4

ORDER set scheduling conference for 11:30 5/23/06 before Magistrate Judge Linnea R. Johnson ( Signed by Magistrate Judge Linnea R. Johnson on 4/11/06) [EOD Date: 4/14/06] (cj, Deputy Clerk) (Entered: 04/14/2006)

April 11, 2006

April 11, 2006

5

MOTION by U.S. - EEOC (Attorney ) modify trial date and scheduling order (cj, Deputy Clerk) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

6

NOTICE of conflict by Dias Landscapes (cj, Deputy Clerk) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

7

ORDER granting [5-1] motion modify trial date and scheduling order Resetting Jury trial for 1/22/07 before Judge Donald M. Middlebrooks , and Reset calendar call for 1:15 1/15/07 before Judge Donald M. Middlebrooks (Signed by Judge Donald M. Middlebrooks on 5/02/06) [EOD Date: 5/3/06] (bb, Deputy Clerk) (Entered: 05/03/2006)

May 2, 2006

May 2, 2006

8

JOINT Scheduling Report of Scheduling Meeting by U.S. - EEOC, Dias Landscapes (cj, Deputy Clerk) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

9

ORDER [7-3] order set calendar call for 1:15 1/17/07 before Judge Donald M. Middlebrooks (Signed by Judge Donald M. Middlebrooks on 5/17/06) [EOD Date: 5/18/06] (ck, Deputy Clerk) (Entered: 05/18/2006)

May 17, 2006

May 17, 2006

10

Answer and affirmative defenses by Dias Landscapes (Attorney Robin Lee Rosenberg, Michael Francis McAuliffe), (cj, Deputy Clerk) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

11

Minutes of Scheduling Conference held before Magistrate Judge Linnea R. Johnson on 5/23/06; Court Reporter Name or Tape #: LRJ-06-25-950 (eg, Deputy Clerk) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

12

RETURN OF SERVICE executed for Dias Landscapes on 4/29/06 Answer due on 5/19/06 for Dias Landscapes (ss, Deputy Clerk) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

13

SCHEDULING ORDER setting Discovery cutoff 10/30/06 ; Deadline for filing of all motions by 11/13/06 Memos of law due on or before 11/13/06 Pretrial Stipulation due on or before 12/26/06 ( Signed by Magistrate Judge Linnea R. Johnson on 5/23/06) [EOD Date: 5/25/06] CCAP (lh, Deputy Clerk) (Entered: 05/25/2006)

May 23, 2006

May 23, 2006

13

ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Magistrate Judge Linnea R. Johnson on 5/23/06) [EOD Date: 5/25/06] (lh, Deputy Clerk) (Entered: 05/25/2006)

May 23, 2006

May 23, 2006

14

NOTICE of selection of Donald Spero as Mediator by U.S. - EEOC (gp, Deputy Clerk) (Entered: 06/09/2006)

June 8, 2006

June 8, 2006

15

Witness list by Charles Moise and Auguste Hilaire and Odolphe Raymond (cj, Deputy Clerk) (Entered: 06/12/2006)

June 9, 2006

June 9, 2006

16

ORDER on motion to inervene by Charles Moise, Auguste Hilaire and Odolphe Raymond ( Signed by Judge Donald M. Middlebrooks on 6/12/06) [EOD Date: 6/14/06] (cj, Deputy Clerk) (Entered: 06/14/2006)

June 12, 2006

June 12, 2006

18

MOTION with memorandum in support by Charles Moise, Auguste Hilaire, Odolphe Raymond (Attorney ) to intervene (cj, Deputy Clerk) (Entered: 06/14/2006)

June 12, 2006

June 12, 2006

19

Answer and affirmative defenses by Dias Landscapes jury demand (rb, Deputy Clerk) (Entered: 08/02/2006)

July 31, 2006

July 31, 2006

20

NOTICE of Mediation Hearing on 11/02/06 Donald Spero added as mediator (dj, Deputy Clerk) (Entered: 09/20/2006)

Sept. 18, 2006

Sept. 18, 2006

21

MOTION by Dias Landscapes to extend time name expert witness (dj, Deputy Clerk) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

22

ORDER granting [21-1] motion to extend time name expert witness ( Signed by Judge Donald M. Middlebrooks on 9/25/06) [EOD Date: 9/26/06] (rb, Deputy Clerk) (Entered: 09/26/2006)

Sept. 25, 2006

Sept. 25, 2006

23

NOTICE of filing Proposed Order Scheduling Mediation by United States Equal Employment Opportunity Commission (lh) (Entered: 10/19/2006)

Oct. 18, 2006

Oct. 18, 2006

24

ORDER . Signed by Judge Donald M. Middlebrooks on 10/30/2006. (sw) (Entered: 10/30/2006)

Oct. 30, 2006

Oct. 30, 2006

25

NOTICE by Dias Landscapes Corporation Notice of Firm Name Change (McAuliffe, Michael) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

26

REPORT of Mediation Disposition: Settled(Nicholson, Allene) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

27

NOTICE of Settlement by United States Equal Employment Opportunity Commission (Dreilinger, Lauren) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

28

Joint MOTION Entry of Consent Decree by United States Equal Employment Opportunity Commission. (Attachments: # 1)(Dreilinger, Lauren) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

29

ORDER granting 28 Motion CONSENT DECREE SEE ORDER. Signed by Judge Donald M. Middlebrooks on 12/15/2006. (sw) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

30

NOTICE by United States Equal Employment Opportunity Commission re 29 Order on Motion for Miscellaneous Relief (Attachments: # 1 Text of Proposed Order)(Dreilinger, Lauren) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

31

ORDER closing case and the Court shall retain jurisdiction to enforce the terms of the Consent Decree . Signed by Judge Donald M. Middlebrooks on 01/04/2007. (bs) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 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: March 30, 2006

Closing Date: Jan. 5, 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

Dias Landscapes Corporation (Boynton Beach, 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: 150,00

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

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Other