Case: EEOC v. Bay State Milling Company

2:12-cv-14439 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 10, 2012

Closed Date: Aug. 18, 2014

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Case Summary

After an unsuccessful attempt to reach a pre-litigation settlement through its conciliation process, on January 25, 2013, the Equal Employment Opportunity Commission ("EEOC") filed this lawsuit in the U.S. District Court for the Southern District of Florida. The EEOC alleged violations of the Age Discrimination in Employment Act ("ADEA") and the Fair Labor Standards Act ("FLSA") against Bay State Milling Company. Specifically, the EEOC alleged that the defendant discriminated against a qualified applicant when the hiring manager rejected him because of his age. The hiring manager informed the applicant of the company's desire to hire a younger individual for the job. The company ultimately hired a 22-year-old with less experience than the applicant. The EEOC sought injunctive and monetary relief as well reinstatement of the affected individual. District Judge Donald L. Graham was assigned to this case.

The parties agreed upon a settlement agreement on November 12, 2013. The two-year consent decree settling the lawsuit, approved by the court on December 10, 2013, included injunctive relief to ban the defendant from considering age as a factor when making hiring decisions, mandatory training for the hiring manager, and interviewing officials and the company's human resources department, with an emphasis on age-related discriminatory practices and age sensitivity. The decree also provided for a number of reporting requirements, subjecting the company to additional monitoring by the EEOC for a period of two years. The monetary award was $80,185.66, which included back pay and liquidated damages.

On May 5, 2014, the individual plaintiff moved to vacate the settlement, proceeding pro se because of a dispute in the settlement amount. The defendant opposed the plaintiff’s motion.

On July 25, 2014, the matter was referred to Magistrate Judge Jonathan Goodman who issued a Report and Recommendation. On August 17, 2014, District Judge Graham adopted the Magistrate’s reports. He denied the plaintiff’s motion to vacate the settlement agreement and granted in part and denied in part the defendant’s motion to enforce settlement by: (i) ordering the plaintiff to execute a W-9 form; (ii) requiring defendant to, as soon as practicable, pay the plaintiff after he provides defendant with his W-9 form; and (iii) denying defendant's request for attorney's fees.

This case is closed.

Summary Authors

Susie Choi (3/8/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4234740/parties/equal-employment-opportunity-commission-v-bay-state-milling-company/

Judge(s)

Graham, Donald L. (Florida)

Attorney for Plaintiff

Legore, Gary (Florida)

Schofield, Arthur Thomas (Florida)

Attorney for Defendant

Jones, Jeremiah Richard (Florida)

Santoro, Thomas Mead (Florida)

Judge(s)

Graham, Donald L. (Florida)

Attorney for Plaintiff

Legore, Gary (Florida)

Schofield, Arthur Thomas (Florida)

Scott, Cathleen Ann (Florida)

Wagner, Lindsey Brooke (Florida)

Attorney for Defendant

Jones, Jeremiah Richard (Florida)

Santoro, Thomas Mead (Florida)

Schwartz, Jennifer A. (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:12-cv-14439	Docket Equal Employment Opportunity Commission v. Bay State Milling Company	Aug. 18, 2014	Aug. 18, 2014 Docket
2:12-cv-14439	Docket [PACER] Equal Employment Opportunity Commission v. Bay State Milling Company	Aug. 18, 2014	Aug. 18, 2014 Docket
2:13-cv-14032	Docket [PACER] Legore v. Bay State Milling Company	Aug. 18, 2014	Aug. 18, 2014 Docket
1 2:12-cv-14439	Complaint	Dec. 10, 2012	Dec. 10, 2012 Complaint
1 2:13-cv-14032	Complaint Legore v. Bay State Milling Company	Jan. 25, 2013	Jan. 25, 2013 Complaint
37 2:12-cv-14439	Order on Defendant's Motion to Compel Equal Employment Opportunity Commission v. Bay State Milling Co.	June 18, 2013	June 18, 2013 Order/Opinion
34 2:13-cv-14032	Amended Complaint Legore v. Bay State Milling Company	Aug. 23, 2013	Aug. 23, 2013 Complaint
70 2:12-cv-14439	Consent Decree	Dec. 10, 2013	Dec. 10, 2013 Order/Opinion
	Bay State Milling Company to Pay $80K to Settle EEOC Hiring Discrimination Case [NA] No Court	Dec. 11, 2013	Dec. 11, 2013 Press Release
91 2:12-cv-14439 2:13-cv-14032	Order and Omnibus Report and Recommendations on Cross-Motions Regarding Vacating or Enforcing Settlement	July 25, 2014	July 25, 2014 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4234740/equal-employment-opportunity-commission-v-bay-state-milling-company/

Last updated April 8, 2025, 11:16 a.m.

Docket for: Equal Employment Opportunity Commission v. Bay State Milling Company

ECF Number	Date	Description	Link
1	Dec. 10, 2012	COMPLAINT against Bay State Milling Company. Filing fee $ 350.00. USA Filer - No Filing Fee Required, filed by Eeoc. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Golson, Aarrin) (Entered: 12/10/2012) 1 Civil Cover Sheet View on PACER 2 Summon(s) View on PACER	Clearinghouse
2	Dec. 10, 2012	Judge Assignment to Judge Donald L. Graham and Magistrate Judge Frank J. Lynch, Jr (tpl) (Entered: 12/10/2012)	RECAP
3	Dec. 10, 2012	Summons Issued as to Bay State Milling Company. (tpl) (Entered: 12/10/2012)	RECAP
4	Dec. 11, 2012	Bar Letter re: Admissions sent to attorneys James L. Lee and Gwendolyn Y. Reams, mailing date December 11, 2012. (ksa) (Entered: 12/11/2012)	RECAP
5	Jan. 2, 2013	Defendant's ANSWER and Affirmative Defenses to Complaint by Bay State Milling Company.(Schwartz, Jennifer) (Entered: 01/02/2013)	RECAP
6	Jan. 2, 2013	NOTICE of Attorney Appearance by Kim M. Lucas on behalf of Bay State Milling Company (Lucas, Kim) (Entered: 01/02/2013)	RECAP
7	Jan. 2, 2013	Corporate Disclosure Statement by Bay State Milling Company (Schwartz, Jennifer) (Entered: 01/02/2013)	RECAP
8	Jan. 4, 2013	ORDER Setting Status Conference: Telephonic Status Conference set for 2/6/2013 02:00 PM before Judge Donald L. Graham. Signed by Judge Donald L. Graham on 1/4/2013. (lbc) (Entered: 01/07/2013)	RECAP
9	Jan. 8, 2013	Clerk's Notice of Undeliverable Mail re 2 Judge Assignment. US Mail returned for: Attorney P. David Lopez . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (cqs) (Entered: 01/08/2013)	RECAP
10	Jan. 31, 2013	NOTICE by Equal Employment Opportunity Commission of Pending Similar Action (Golson, Aarrin) (Entered: 01/31/2013)	RECAP
11	Jan. 31, 2013	STATUS REPORT by Bay State Milling Company, Equal Employment Opportunity Commission (Schwartz, Jennifer) (Entered: 01/31/2013)	RECAP
12	Jan. 31, 2013	CONSENT to Jurisdiction by US Magistrate Judge by Bay State Milling Company, Equal Employment Opportunity Commission (Lucas, Kim) (Entered: 01/31/2013)	RECAP
13	Feb. 6, 2013	Minute Entry for proceedings held before Judge Donald L. Graham: Status Conference held on 2/6/2013. Court Reporter: Carly Horenkamp, 305-523-5138 / Carleen_Horenkamp@flsd.uscourts.gov (cf) (Entered: 02/06/2013)	RECAP
14	Feb. 20, 2013	SCHEDULING ORDER. Telephonic Pretrial Conference set for 10/16/2013 02:00 PM before Judge Donald L. Graham. Jury Trial set for 11/18/2013 before Judge Donald L. Graham. Telephonic Calendar Call set for 11/13/2013 02:00 PM before Judge Donald L. Graham. Amended Pleadings due by 5/24/2013. Discovery due by 8/30/2013. Joinder of Parties due by 5/24/2013. Motions due by 9/9/2013. Pretrial Stipulation due by 10/11/2013. Notice of Court Practice. Signed by Judge Donald L. Graham on 2/20/2013. (lbc) (Entered: 02/21/2013)	RECAP
15	Feb. 20, 2013	ORDER REFERRING CASE to Mediation. Signed by Judge Donald L. Graham on 2/20/2013. (lbc) (Entered: 02/21/2013)	RECAP
16	Feb. 20, 2013	ORDER REFERRING CASE to Magistrate Judge Frank J. Lynch, Jr for Discovery Proceedings. Signed by Judge Donald L. Graham on 2/20/2013. (lbc) (Entered: 02/21/2013)	RECAP
17	Feb. 27, 2013	Notice of Mediation Hearing before Mediator, Cori Flam Meltzer filed by Cori Flam Meltzer. Mediation Hearing set for 3/8/2013 09:30 AM (Meltzer, Cori) (Entered: 02/27/2013)	RECAP
18	Feb. 28, 2013	ORDER Scheduling Mediation before Cathleen Scott. Mediation Hearing set for 3/8/2013 09:30 AM. Signed by Judge Donald L. Graham on 2/28/2013. (lbc) (Entered: 02/28/2013)	RECAP
19	March 8, 2013	Clerk's Notice of Undeliverable Mail re 8 Order Setting Status Conference. US Mail returned for: ATTORNEY P. DAVID LOPEZ . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc) (Entered: 03/08/2013)	RECAP
20	March 11, 2013	Clerk's Notice of Undeliverable Mail re 13 Status Conference. US Mail returned for: ATTORNEY P. DAVID LOPEZ . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc) (Entered: 03/11/2013)	RECAP
21	March 12, 2013	FINAL MEDIATION REPORT by Cori Flam Meltzer. Disposition: Case did not settle.(Meltzer, Cori) (Entered: 03/12/2013)	RECAP
22	April 2, 2013	Motion to Compel 1 Exhibit A - Discovery Requests View on PACER 2 Exhibit B - EEOC Letter View on PACER 3 Exhibit C - Notice of Deposition View on PACER 4 Exhibit D - March 12 Letter View on PACER 5 Exhibit E - March 20 Letter View on PACER 6 Exhibit F - March 26 e-mail View on PACER 7 Exhibit G - March 27 e-mail View on PACER 8 Exhibit H - March 28 e-mail View on PACER 9 Exhibit I - March 29 e-mail View on PACER 10 Exhibit J - April 1 e-mail View on PACER	RECAP
23	April 3, 2013	Order	RECAP
24	April 10, 2013	Response in Opposition to Motion	RECAP
25	April 10, 2013	Reply to Response to Motion 1 Exhibit A View on PACER	RECAP
26	April 10, 2013	Motion for Extension of Time to File Response/Reply 1 Text of Proposed Order Proposed Order for Extension of Time View on PACER	RECAP
27	April 10, 2013	Response to Motion 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	RECAP
29	April 10, 2013	Order on Motion for Extension of Time to File Response/Reply	RECAP
28	April 11, 2013	Order on Motion to Compel	RECAP
30	April 11, 2013	Notice of Attorney Appearance	RECAP
31	April 12, 2013	Order	RECAP
32	May 24, 2013	Motion to Compel 1 Exhibit A - Discovery Requests View on PACER 2 Exhibit B - Letter View on PACER 3 Exhibit C - Discovery Responses View on PACER 4 Exhibit D - Privilege Logs View on PACER 5 Exhibit E - Letter View on PACER 6 Exhibit F - Letter View on PACER 7 Exhibit G - Email View on PACER 8 Exhibit H - Letter View on PACER 9 Exhibit I - Email View on PACER 10 Exhibit J - Supplemental Discovery Responses View on PACER 11 Exhibit K - Email View on PACER 12 Exhibit L - Email View on PACER	RECAP
33	June 4, 2013	Motion for Extension of Time	RECAP
34	June 4, 2013	Order on Motion for Extension of Time	RECAP
35	June 10, 2013	Response in Opposition to Motion 1 Exhibit A - Email 3/27 View on PACER 2 Exhibit B - Email 4/22 View on PACER 3 Exhibit C - Affidavit View on PACER 4 Exhibit D - Privelege Log View on PACER 5 Exhibit E - Chair Declaration View on PACER 6 Exhibit F - Email 5/8 View on PACER	RECAP
36	June 14, 2013	Reply to Response to Motion 1 Exhibit A - Email View on PACER	RECAP
37	June 18, 2013	Order on Motion to Compel	Clearinghouse
38	Sept. 5, 2013	Motion for Extension of Time 1 Text of Proposed Order View on PACER	RECAP
39	Sept. 9, 2013	Order on Motion for Extension of Time	RECAP
40	Sept. 16, 2013	Motion for Summary Judgment	RECAP
41	Sept. 16, 2013	Statement	RECAP
42	Sept. 16, 2013	Notice (Other) 1 Exhibit A - Excerpts - Legore View on PACER 2 Exhibit B - Excerpts - Hawkes View on PACER 3 Exhibit C - Excerpts - Galluzzo View on PACER 4 Exhibit D - Excerpts - Long View on PACER 5 Exhibit E - Excerpts - Wunderly View on PACER 6 Exhibit F - Excerpts - Dooley View on PACER 7 Exhibit G - Excerpts - Raiola View on PACER 8 Exhibit H - Affidavit - Raiola View on PACER	RECAP
43	Sept. 18, 2013	Motion for Extension of Time	RECAP
44	Sept. 19, 2013	Order on Motion for Extension of Time	RECAP
45	Oct. 1, 2013	Motion to Stay 1 Exhibit View on PACER 2 Exhibit View on PACER	RECAP
46	Oct. 3, 2013	Order on Motion to Stay	RECAP
47	Oct. 15, 2013	Order Cancelling Deadline/Hearing	RECAP
48	Oct. 17, 2013	Order Lifting Stay	RECAP
49	Oct. 17, 2013	Scheduling Order	RECAP
50	Oct. 23, 2013	Notice (Other)	RECAP
51	Oct. 23, 2013	Response in Opposition to Motion	RECAP
52	Oct. 23, 2013	Statement	RECAP
53	Oct. 23, 2013	Notice (Other) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Exhibit View on PACER 17 Exhibit View on PACER 18 Exhibit View on PACER 19 Exhibit View on PACER 20 Exhibit View on PACER 21 Exhibit View on PACER 22 Exhibit View on PACER 23 Exhibit View on PACER 24 Exhibit View on PACER 25 Exhibit View on PACER 26 Exhibit View on PACER 27 Exhibit View on PACER 28 Exhibit View on PACER 29 Exhibit View on PACER 30 Exhibit View on PACER 31 Exhibit View on PACER 32 Exhibit View on PACER 33 Exhibit View on PACER 34 Exhibit View on PACER	RECAP
	Oct. 23, 2013	Attorney Kim M. Lucas terminated PER DE 50 . (lbc) (Entered: 10/23/2013)	PACER
54	Oct. 24, 2013	Notice (Other)	RECAP
55	Oct. 24, 2013	Response in Opposition to Motion	RECAP
56	Oct. 24, 2013	Motion for Miscellaneous Relief	RECAP
57	Nov. 1, 2013	Reply to Response to Motion	RECAP
58	Nov. 1, 2013	Notice of Striking	RECAP
59	Nov. 1, 2013	Response/Reply (Other)	RECAP
60	Nov. 4, 2013	Scheduling Order	RECAP
61	Nov. 4, 2013	Notice of Attorney Appearance	RECAP
62	Nov. 5, 2013	Order Referring Case to Judge	RECAP
63	Nov. 5, 2013	Order	RECAP
64	Nov. 6, 2013	Motion to Consolidate Cases	RECAP
65	Nov. 6, 2013	Endorsed Order	RECAP
66	Nov. 12, 2013	Settlement Conference	RECAP
67	Nov. 18, 2013	Order 1 "Mediation" E-Mail View on PACER 2 "Release" E-Mail View on PACER 3 "Downstairs" E-Mail View on PACER	RECAP
68	Nov. 19, 2013	Order 1 "Life" E-Mail View on PACER 2 "Donna m ballman" E-Mail View on PACER	RECAP
69	Nov. 22, 2013	Motion for Miscellaneous Relief 1 Exhibit Consent Decree View on PACER	RECAP
70	Dec. 10, 2013	Order on Motion for Miscellaneous Relief	Clearinghouse
71	Dec. 27, 2013	Administrative Order	RECAP
72	Jan. 6, 2014	Motion to Continue 1 Text of Proposed Order Proposed Order View on PACER	RECAP
73	Jan. 7, 2014	Order on Motion to Continue	RECAP
74	Jan. 17, 2014	Endorsed Order	RECAP
75	Jan. 22, 2014	Status Conference	RECAP
76	Jan. 23, 2014	Order	RECAP
77	Jan. 29, 2014	Sealed Document	RECAP
78	March 5, 2014	Motion to Vacate	RECAP
79	March 5, 2014	Order Referring Motion	RECAP
80	March 6, 2014	Order	RECAP
81	March 10, 2014	Response in Opposition to Motion 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
82	March 14, 2014	Order	RECAP
83	March 17, 2014	Motion for Extension of Time to File Response/Reply 1 Text of Proposed Order Proposed Order Granting Motion View on PACER	RECAP
84	March 17, 2014	Order on Motion for Extension of Time to File Response/Reply	RECAP
85	March 24, 2014	Response/Reply (Other) 1 Exhibit A: Final Consent Decree View on PACER 2 Exhibit B: Email from Jennifer Schwartz - REDACTED View on PACER	RECAP
86	March 24, 2014	Response to Motion 1 Exhibit A: Final Consent Decree View on PACER 2 Exhibit B: Email from Jennifer Schwartz - REDACTED View on PACER	RECAP
87	March 24, 2014	Order	RECAP
88	April 1, 2014	Response/Reply (Other) 1 Exhibit A - composite View on PACER	RECAP
89	July 15, 2014	Order Referring Case to Judge	RECAP
90	July 21, 2014	Transcript	RECAP
91	July 25, 2014	Report and Recommendations	Clearinghouse
92	July 25, 2014	Endorsed Order	RECAP
93	July 28, 2014	Notice of Compliance	RECAP
94	Aug. 6, 2014	Objections to Report and Recommendations	RECAP
95	Aug. 18, 2014	Order on Motion to Vacate	Clearinghouse

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Case Details

State / Territory:

Florida

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 10, 2012

Closing Date: Aug. 18, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

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

Private Entity/Person

Bay State Milling Company

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Other Dockets:

Southern District of Florida 2:12-cv-14439

Southern District of Florida 2:13-cv-14032

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Provide antidiscrimination training

Reinstatement (job, contract, grant, etc.)

Reporting

Retaliation Prohibition

Amount Defendant Pays: $80,185.66

Order Duration: 2013 - 2015

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. Bay State Milling Company, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/13343/ (last updated 3/8/2017).