Case: Hugo J. Villalobos v. Gulfstream Academy of Aeronautics, Inc

0:05-cv-60646 | U.S. District Court for the Southern District of Florida

Filed Date: April 18, 2005

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On April 18, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") against Gulfstream Academy of Aeronautics, Inc. ("GAA1") in the U.S. District Court for the Southern District of Florida on behalf of an employee who was also a member of the Air Force Reserves. The D.O.J. sought declaratory and injunctive relief.The events leading up to the complaint are as follows. Defendant hired the employee, a memb…

On April 18, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") against Gulfstream Academy of Aeronautics, Inc. ("GAA1") in the U.S. District Court for the Southern District of Florida on behalf of an employee who was also a member of the Air Force Reserves. The D.O.J. sought declaratory and injunctive relief.

The events leading up to the complaint are as follows. Defendant hired the employee, a member of the Air Force Reserves, as the Director of Flight School Operations on May 8, 2000 and he was subsequently promoted to General Manager. As a member of the Air Force Reserve, the employee performed mandatory military duties one weekend a month, in addition to an annual tour of duty. Between May 2000 and September 2000, one of the defendants made negative comments about the employee's military duty obligation. Based on comments he received, the employee took a leave from the Reserve in September 2000 fearing that he might lose him job if he continued his military activity. The employee rejoined the Reserve in March 2002. On or about April 2002, he informed the defendant that his mandatory Reserve duty was scheduled for May 19-20, 2002. In response, Defendant stated "I'll have to see about that," or words to that effect.

In mid-May 2002, the employee notified the defendant of his annual tour of duty on June 3-7, 2002. On May 21, 2002, GAA1 changed its name to Gulfstream Air Charter, Inc. and at the same time, defendant Thomas P. Cooper established two new corporations, Gulfstream Academy of Aeronautics, Inc. ("GAA2") and Gulfstream Training Academy. The employee then worked for GAA2, performed the same job duties and retained the same job title at GAA2 as he did at GAA1. On May 28, 2002, the employee reminded defendant of his upcoming annual tour of duty. On the same day, the defendant notified him that he was terminated from employment at GAA2, effective immediately. On May 29, 2002, in a meeting with the employee, defendant told him that "since Villalobos had reserve obligations, Villalobos was the logical choice to let go" or words to that effect.

The parties evidently entered into a Settlement Agreement, and on August 10, 2005, the district court (Magistrate Judge Laura S. Snow) dismissed the case with prejudice, but retained jurisdiction to enforce the terms of the Settlement Agreement.

We do not have the Settlement Agreement and we have no further information at this time.

Summary Authors

Hyun Jeong Yang (11/5/2007)

People


Judge(s)

Cohn, James I. (Florida)

Attorneys(s) for Plaintiff

Fenton, William B. (District of Columbia)

Jimenez, Marcos Daniel (Florida)

Lindsey, Marilynn Koonce (Florida)

Palmer, David J. (District of Columbia)

Rao, Sonya A (District of Columbia)

Attorneys(s) for Defendant

Gabrielle, Eric Keith (Florida)

Varghese, Christina Abraham (Florida)

Judge(s)

Cohn, James I. (Florida)

Attorneys(s) for Plaintiff

Fenton, William B. (District of Columbia)

Jimenez, Marcos Daniel (Florida)

Lindsey, Marilynn Koonce (Florida)

Palmer, David J. (District of Columbia)

Rao, Sonya A (District of Columbia)

Attorneys(s) for Defendant

Gabrielle, Eric Keith (Florida)

Varghese, Christina Abraham (Florida)

Documents in the Clearinghouse

Document

0:05-cv-60646

Docket [PACER]

Villalobos v. Gulfstream Academy

Aug. 10, 2005

Aug. 10, 2005

Docket
1

0:05-cv-60646

Complaint

Villalobos v. Gulfstream Academy of Aeronautics, Inc

April 18, 2005

April 18, 2005

Complaint

Resources

Docket

Last updated Aug. 10, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE: WAIVED-Government ; Magistrate Judge Lurana S. Snow (gp, Deputy Clerk) (Entered: 04/20/2005)

April 18, 2005

April 18, 2005

2

SUMMONS(ES) issued for Gulfstream Academy (gp, Deputy Clerk) (Entered: 04/20/2005)

April 18, 2005

April 18, 2005

3

SUMMONS(ES) issued for Thomas L. Cooper (gp, Deputy Clerk) Modified on 04/25/2005 (Entered: 04/20/2005)

April 18, 2005

April 18, 2005

4

SUMMONS(ES) issued for Thomas P. Cooper (gp, Deputy Clerk) (Entered: 04/20/2005)

April 18, 2005

April 18, 2005

5

SUMMONS(ES) issued for Mark Ottosen (gp, Deputy Clerk) (Entered: 04/20/2005)

April 18, 2005

April 18, 2005

6

ORDER setting Jury trial set for 9:00 1/23/06 Calendar call set for 1:30 1/19/06 (Signed by Judge James I. Cohn on 04/22/05) [EOD Date: 4/25/05] CCAP (gp, Deputy Clerk) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

Attorney David J. Palmer, Esq., William Fenton, Esq. and Sonya A. Rao, Esq. have not been served with Order DE #6, address not found. (gp, Deputy Clerk) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

6

ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Lurana S. Snow (Signed by Judge James I. Cohn on 04/22/05) CCAP [EOD Date: 4/25/05] (gp, Deputy Clerk) (Entered: 04/25/2005)

April 22, 2005

April 22, 2005

7

NOTICE of attorney appearance for Gulfstream Academy, Thomas P. Cooper, Mark Ottosen, Thomas L. Cooper by Eric Keith Gabrielle, Christina Abraham Varghese (gp, Deputy Clerk) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

8

NOTICE of Unavailability by Gulfstream Academy, Thomas P. Cooper, Mark Ottosen, Thomas L. Cooper for dates of: 7/1/05, 7/5/05, 7/15/05, 7/18/05, 7/22/05, 7/25/05-7/29/05 (gp, Deputy Clerk) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

9

Answer and affirmative defenses by Gulfstream Academy, Thomas P. Cooper, Mark Ottosen, Thomas L. Cooper (gp, Deputy Clerk) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

10

Joint Scheduling Report of Scheduling Meeting by Hugo J. Villalobos, Gulfstream Academy, Thomas P. Cooper, Mark Ottosen, Thomas L. Cooper (gz, Deputy Clerk) (Entered: 06/02/2005)

June 1, 2005

June 1, 2005

11

NOTICE of Unavailability by Hugo J. Villalobos for dates of: 7/11/05 through 7/15/05 (gz, Deputy Clerk) (Entered: 06/23/2005)

June 22, 2005

June 22, 2005

12

NOTICE of Mediation Hearing on 8/11/05 at 10:30am Allene D Nicholson added as mediator (gp, Deputy Clerk) (Entered: 06/24/2005)

June 23, 2005

June 23, 2005

13

NOTICE of Unavailability by Gulfstream Academy, Thomas L. Cooper, Thomas P. Cooper, Mark Ottosen for dates of: 8/25/05, 8/26/05 and 8/29/05 (gz, Deputy Clerk) (Entered: 07/01/2005)

June 30, 2005

June 30, 2005

14

NOTICE of Hearing: Set scheduling conference for 2:00 7/20/05 before Magistrate Judge Lurana S. Snow (ss, Deputy Clerk) (Entered: 07/01/2005)

June 30, 2005

June 30, 2005

15

UNOPPOSED MOTION by Hugo J. Villalobos for leave to amend the complaint (ss, Deputy Clerk) (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

16

NOTICE of Hearing: reset scheduling conference for 10:00 7/20/05 before Magistrate Judge Lurana S. Snow (cj, Deputy Clerk) (Entered: 07/07/2005)

July 6, 2005

July 6, 2005

18

ORDER granting [15-1] motion for leave to amend the complaint ( Signed by Judge James I. Cohn on 7/7/05) [EOD Date: 7/8/05] (cj, Deputy Clerk) (Entered: 07/08/2005)

July 7, 2005

July 7, 2005

17

JOINT MOTION by Hugo J. Villalobos, Gulfstream Academy, Thomas P. Cooper, Mark Ottosen, Thomas L. Cooper to appear by telephone at scheduling conference (gz, Deputy Clerk) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

20

ORDER denying [17-1] joint motion to appear by telephone at scheduling conference (Signed by Magistrate Judge Lurana S. Snow on 07/18/05) [EOD Date: 7/19/05] (gp, Deputy Clerk) (Entered: 07/19/2005)

July 18, 2005

July 18, 2005

21

ORDER referring case to mediation. 15 days to appoint mediator (Signed by Magistrate Judge Lurana S. Snow on 07/28/05) [EOD Date: 8/1/05] (gp, Deputy Clerk) (Entered: 08/01/2005)

July 28, 2005

July 28, 2005

22

SCHEDULING ORDER setting Deadline for filing of all dispositive pretrial motions by 11/28/05 Joint Pretrial Stipulation due on or before 12/16/05 Fact Discovery cutoff 10/31/05 ; (Signed by Magistrate Judge Lurana S. Snow on 07/28/05) [EOD Date: 8/1/05] CCAP (gp, Deputy Clerk) (Entered: 08/01/2005)

July 28, 2005

July 28, 2005

23

Joint STIPULATION of dismissal with prejudiceby Hugo J. Villalobos, Gulfstream Academy, Thomas P. Cooper, Thomas L. Cooper, Mark Ottosen (gz, Deputy Clerk) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

24

FINAL ORDER DISMISSING CASE WITH PREJUDICE RE: [23-1] dismiss/dismissal stipulation dismissing Cause with Prejudice with each party bearing its own attorneys' fees and costs. The Court retains jurisdiction to enforce the terms of the parties' settlement agreement. (Signed by Judge James I. Cohn on 08/10/05) [EOD Date: 8/11/05] (gp, Deputy Clerk) (Entered: 08/11/2005)

Aug. 10, 2005

Aug. 10, 2005

CASE CLOSED. Case and Motions no longer referred to Magistrate. (gp, Deputy Clerk) (Entered: 08/11/2005)

Aug. 10, 2005

Aug. 10, 2005

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 18, 2005

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of an individual who was laid off due to his membership in the Army Reserves

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Gulfstream Academy of Aeronautics, Inc., Private Entity/Person

Mark Ottosen, None

Thomas P. Cooper, None

Thomas L. Cooper, None

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - 0

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Military status discrimination

Affected Gender:

Male