University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Forrey v Federated Financial Services EE-FL-0049
Docket / Court 0:01-cv-07089 ( S.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In June 2001, the Miami District Office of the EEOC represented an employee in this suit in U.S. District Court, Southern District of Florida, against Federated Financial Services alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act and state law. According ... read more >
In June 2001, the Miami District Office of the EEOC represented an employee in this suit in U.S. District Court, Southern District of Florida, against Federated Financial Services alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act and state law. According to the complaint, female employees of the defendant were subjected to crude sexual remarks, and some of them were terminated when they complained. The plaintiff sought a declaratory judgment, compensatory damages, lost wages and backpay, punitive damages, and attorneys' fees. The case was assigned to judge Wilkie D. Ferguson. The employees intervened as plaintiffs, and the case was also consolidated as the lead case with EEOC v. Federated Financial, 0:01-cv-07542 (S.D. Fla. Sept. 28, 2001).

The defendant moved for summary judgment as to all of the plaintiffs on August 16, 2001. On March 2, 2002, the motion was denied. On January 3, 2003, the defendant refiled for summary judgment as to the plaintiff's Title VII claims. The EEOC cross-filed for summary judgment on January 27. Meanwhile, the parties unsuccessfully attended mediation proceedings and the case was reassigned to Judge Joan A. Lenard. On November 6, 2003, the court granted summary judgment in part for the defendant. The court granted as to the named plaintiff's failure to exhaust administrative remedies because she had filed her suit three days before the expiration of the mandatory 180-day waiting period after filing a charge with the EEOC. However, the court denied the defendant's motion as to the EEOC: the defendant had charged that the EEOC had improperly filed paperwork, but the court held for the EEOC that the agency had properly verified the claimants' documents.

The parties continued to vigorously litigate, and again, on February 4, 2004, the defendant moved to dismiss and for sanctions against the plaintiffs. He claimed that the employees fabricated their allegations of harassment in the workplace. However, after three futile referrals to ADR and a number of contested discovery motions, the parties filed a settlement with the court in July 2004 and the court denied the outstanding motions as moot. On August 5, the court entered a consent decree in which the defendant was ordered to pay a total of $240,000, to implement a new anti-discrimination policy, and to train its employees in antidiscrimination law. The parties agreed that the EEOC would continue to monitor defendant through its reporting. And the court would retain jurisdiction over the decree for three years.

In April 2007, the EEOC alleged that the defendant had not fully complied with the consent decree and moved for the court to enforce the decree. Specifically, the EEOC claimed that the defendant had failed to comply with injunctive relief by not providing adequate documentation of trainings, and that the defendant still owed $100,000 in payments. The defendant subsequently moved to modify the decree, arguing that it made a good faith efforts to comply despite financial difficulties in its business and that the decree should be modified to reflect its financial status. The court extended its jurisdiction by six months until February 29, 2008, in order to resolve the issues.

The court's jurisdiction continued, and on October 6, 2009, Magistrate Judge Torres recommended that the court grant the plaintiff's motion to hold the defendant had violated the decree. On February 25, 2010, the court adopted the magistrate's report and recommendation. The court found that the defendant was clearly in violation of its obligation to pay over $110,000 as ordered by the decree. The issue of enforcing injunctive relief had become moot, however, and so the court opted not to use its equitable authority to hold the defendant in contempt. Rather, the court extended the decree by an additional sixty days. 2010 WL 11590869; 2010 WL 680836.

On June 30, 2010, the parties entered a settlement with the court. The defendant had entered bankruptcy proceedings that year. Instead, the parties settled that the defendant would pay the remainder of the judgment in 18 monthly installments via his creditors. On January 11, 2012, the court entered a satisfaction of judgment that the defendant had completed his payments. The case is now closed.

Kevin Wilemon - 06/12/2008
Chelsea Rinnig - 01/12/2020


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Monitoring
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Private Party intervened in EEOC suit
Private Suit Related / Consolidated with EEOC Suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Federated Financial Services, Inc.
Plaintiff Description EEOC on behalf of intervenor employee plaintiff
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2012
Filed 2001
Case Closing Year 2012
Case Ongoing No
Case Listing EE-FL-0150 : EEOC v. Federated Financial Services, Inc. (S.D. Fla.)
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
0:01-cv-07089-JAL (S.D. Fla.)
EE-FL-0049-9000.pdf | Detail
Date: 01/11/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-FL-0049-0001.pdf | Detail
Date: 06/27/2001
Consolidation Order [ECF# 34] (S.D. Fla.)
EE-FL-0049-0024.pdf | Detail
Date: 01/23/2002
Supplement to Complaint [Beth Forry] [ECF# 37]
EE-FL-0049-0004.pdf | Detail
Date: 12/12/2002
Intervenors' Amended Complaint
EE-FL-0049-0002.pdf | Detail
Date: 03/17/2003
Order on Emergency Motion [ECF# 66] (S.D. Fla.)
EE-FL-0049-0005.pdf | Detail
Date: 05/06/2003
Order [ECF# 84] (2003 WL 23925767) (S.D. Fla.)
EE-FL-0049-0006.pdf | WESTLAW | Detail
Date: 05/23/2003
Order [ECF# 88] (S.D. Fla.)
EE-FL-0049-0007.pdf | Detail
Date: 06/04/2003
Order [Granting Motion for Summary Judgment, Denying Motion for Summary Judgment as to Plaintiff's EEOC Title VII Claims, and Granting Cross-Motion for Summary Judgment] [ECF# 126] (S.D. Fla.)
EE-FL-0049-0008.pdf | Detail
Date: 11/05/2003
Order Staying Deposition of Shawn Martin [ECF# 181] (S.D. Fla.)
EE-FL-0049-0009.pdf | Detail
Date: 04/23/2004
Order [Grants Motion to Compel] [ECF# 228] (S.D. Fla.)
EE-FL-0049-0010.pdf | Detail
Date: 06/22/2004
Order Denying Defendant's Motion to Compel Plaintiff EEOC's Complete Investigative File [ECF# 230] (S.D. Fla.)
EE-FL-0049-0011.pdf | Detail
Date: 06/22/2004
Order Denying Defendant's Motion for Protective Order Regarding Plaintiff EEOC's Fed.R.Civ.P. 30(b)(6) Deposition Duces Tecum on Defendant's Financial Worth [ECF# 231] (S.D. Fla.)
EE-FL-0049-0012.pdf | Detail
Date: 06/22/2004
Order [Granting Motion to Compel] [ECF# 232] (S.D. Fla.)
EE-FL-0049-0013.pdf | Detail
Date: 06/22/2004
Order Granting Plaintiff EEOC's Motion for Protective Order Precluding Defendant's Proposed Fed.R.Civ.P. 30(b)(6) Deposition Duces Tecum of the EEOC Representative with the Most Knowledge Regarding Complaints Against an EEOC Investigator [ECF# 233] (S.D. Fla.)
EE-FL-0049-0014.pdf | Detail
Date: 06/22/2004
Order Granting Plaintiff EEOC's Motion to Compel Discovery [ECF# 235] (S.D. Fla.)
EE-FL-0049-0015.pdf | Detail
Date: 06/22/2004
Order Denying Defendant's Motion to Compel Addresses for Lynda Fleek's Mother and Sister [ECF# 237] (S.D. Fla.)
EE-FL-0049-0016.pdf | Detail
Date: 06/22/2004
Order Denying Defendant's Motion to Compel Responses to 1) Defendant's Request for Admissions from Plaintiffs EEOC, Taren Busick, Lynda Fleek, Sarah Hoffman, Brandy Wilcox, and Wendi Newman, and 2) Defendant's Second Request for Production [...] [ECF# 238] (S.D. Fla.)
EE-FL-0049-0017.pdf | Detail
Date: 06/22/2004
Order Denying Defendant's Motion for Protective Order [ECF# 240] (S.D. Fla.)
EE-FL-0049-0018.pdf | Detail
Date: 06/22/2004
Order Granting in Part Plaintiff Beth Forry's Motion to Compel Defendant's Response to Plaintiff Beth Forry's Third Request for Production [ECF# 256] (S.D. Fla.)
EE-FL-0049-0019.pdf | Detail
Date: 07/14/2004
Order [Denying Motion to Dismiss this Action] [ECF# 258] (S.D. Fla.)
EE-FL-0049-0020.pdf | Detail
Date: 07/22/2004
Consent Decree [ECF# 266]
EE-FL-0049-0021.pdf | Detail
Date: 08/05/2004
Report and Recommendation on EEOC's Motion to Enforce Court-Ordered Consent Decree [ECF# 324]
EE-FL-0049-0026.pdf | Detail
Date: 10/06/2009
Source: PACER [Public Access to Court Electronic Records]
Supplemental Report and Recommendation [ECF# 334] (2010 WL 11590869)
EE-FL-0049-0027.pdf | WESTLAW | Detail
Date: 01/25/2010
Source: PACER [Public Access to Court Electronic Records]
Omnibus Order [ECF# 336] (2010 WL 680836) (S.D. Fla.)
EE-FL-0049-0028.pdf | WESTLAW | Detail
Date: 02/25/2010
Source: PACER [Public Access to Court Electronic Records]
Agreed Joint Motion of Judgment Creditors' and Judgment Debtor to Approve Settlement Agreement Between Them as Incorporated Herein [ECF# 449]
EE-FL-0049-0029.pdf | Detail
Date: 06/30/2010
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Ferguson, Wilkie D. Jr. (S.D. Fla.) [Magistrate] show/hide docs
EE-FL-0049-0005
Lenard, Joan A. (S.D. Fla.) show/hide docs
EE-FL-0049-0028 | EE-FL-0049-9000
McAliley, Chris M. (S.D. Fla.) [Magistrate] show/hide docs
EE-FL-0049-0010 | EE-FL-0049-0011 | EE-FL-0049-0012 | EE-FL-0049-0013 | EE-FL-0049-0014 | EE-FL-0049-0015 | EE-FL-0049-0016 | EE-FL-0049-0017 | EE-FL-0049-0018 | EE-FL-0049-0019
Simonton, Andrea Miles (S.D. Fla.) [Magistrate] show/hide docs
EE-FL-0049-0009
Snow, Lurana S. (S.D. Fla.) [Magistrate] show/hide docs
EE-FL-0049-0006 | EE-FL-0049-0007
Torres, Edwin G. (S.D. Fla.) [Magistrate] show/hide docs
EE-FL-0049-0026 | EE-FL-0049-0027 | EE-FL-0049-9000
Plaintiff's Lawyers Boehringer, Maria Kate (Florida) show/hide docs
EE-FL-0049-9000
Cooper, Cheryl A (Florida) show/hide docs
EE-FL-0049-9000
Curtin, Nora E. (Florida) show/hide docs
EE-FL-0049-9000
Farrell, Michael J. (Florida) show/hide docs
EE-FL-0049-9000
Gillespie, Kenneth Lawrence (Florida) show/hide docs
EE-FL-0049-9000
Golson, Aarin Benatra (Florida) show/hide docs
EE-FL-0049-9000
Henschel, Andrew Scott (Florida) show/hide docs
EE-FL-0049-9000
O'Brien, Michael J. (Florida) show/hide docs
EE-FL-0049-9000
Phillips, John Francis (Florida) show/hide docs
EE-FL-0049-9000
Reich, Ivan Jac (Florida) show/hide docs
EE-FL-0049-0029 | EE-FL-0049-9000
Whitelock, Christopher John (Florida) show/hide docs
EE-FL-0049-9000
Defendant's Lawyers Dolin, Susan Leslie (Florida) show/hide docs
EE-FL-0049-9000
Gunter, Jason L. (Florida) show/hide docs
EE-FL-0049-9000
Rosenfeldt, Stuart A. (Florida) show/hide docs
EE-FL-0049-9000
Schiller, Lisa Monica (Florida) show/hide docs
EE-FL-0049-9000
Shulby, Todd William (Florida) show/hide docs
EE-FL-0049-9000
Whitelock, Charles T. (Florida) show/hide docs
EE-FL-0049-0029 | EE-FL-0049-9000
Other Lawyers Andre, Tony (Florida) show/hide docs
EE-FL-0049-9000
Glickman, Barry Jay (New York) show/hide docs
EE-FL-0049-9000
Haley, James Timothy (Florida) show/hide docs
EE-FL-0049-9000 | EE-FL-0049-9000
Ursini, Louis Mario III (Florida) show/hide docs
EE-FL-0049-9000

- click to show/hide ALL -

new search
page permalink

- top of page -