Case: EEOC v. Fitness First

Equal Employment v. PH Fitness, Inc.

Equal Employment v. PH Fitness, Inc., a/k/a PBH Fitness, LLC, and JRRCC, Inc., d/b/a Fitness First

Equal Employment v. PH Fitness, Inc . d/b/a Fitness First and PBH Fitness, LLC, d/b/a Fitness First

Equal Employment v. PH Fitness, Inc . d/b/a Fitness First and PBH Fitness, LLC, d/b/a Fitness First

EEOC v. PH Fitness et al

Equal Employment v. PH Fitness, Inc. d/b/a Fitness First and PBH Fitness, LLC, d/b/a Fitness First

EEOC v. PH Fitness et al

Equal Employment v. PH Fitness, Inc., a/k/a PBH Fitness, LLC, and JRRCC, Inc., d/b/a Fitness First

Equal Employment v. PH Fitness, Inc., a/k/a PBH Fitness, LLC, and JRRCC, Inc., d/b/a Fitness First

EEOC v. PH Fitness et al

Carly Knight, Frank Dobbin, Alexandra Kalev

DEMAND for jury trial by Equal Employment (tb, Deputy Clerk) (Entered: 09/29/2005)

SUMMONS(ES) issued for JRRCC, Inc. (tb, Deputy Clerk) (Entered: 09/29/2005)

SUMMONS(ES) issued for PH Fitness, Inc. (tb, Deputy Clerk) (Entered: 09/29/2005)

AMENDED COMPLAINT by Equal Employment, (Answer due 12/23/05 for PH Fitness, Inc. ) amending [1-1] complaint adding PBH Fitness, LLC (bb, Deputy Clerk) (Entered: 12/14/2005)

ORDER REQUIRING SERVICE/ORDER TO SHOW CAUSE why this action should not be dismissed against Defendants for failure to perfect service of process. Response to Order to Show Cause due 1/28/06 ( Signed by Judge Cecilia Altonaga on 12/19/05) [EOD Date: 12/20/05] (bb, Deputy Clerk) (Entered: 12/20/2005)

Return of service unexecuted as to JRRCC, Inc. (wc, Deputy Clerk) (Entered: 01/04/2006)

NOTICE of filing executed waiver of service by Equal Employment (sn, Deputy Clerk) (Entered: 01/13/2006)

ORDER requiring scheduling report and certificates of interested parties set Scheduling meeting report due for 2/8/06 ( Signed by Judge Cecilia M. Altonaga on 1/17/06) [EOD Date: 1/18/06] (tb, Deputy Clerk) (Entered: 01/18/2006)

MOTION with memorandum in support by Dawn Grungo (Attorney to intervene (tb, Deputy Clerk) (Entered: 01/25/2006)

ANSWER and affirmative defenses by PH Fitness, Inc., JRRCC, Inc., PBH Fitness, LLC to amended complaint (sn, Deputy Clerk) (Entered: 01/25/2006)

ORDER granting [9-1] motion to intervene (Signed by Judge Cecilia M. Altonaga on 1/25/06) [EOD Date: 1/26/06] (sn, Deputy Clerk) (Entered: 01/26/2006)

Certificate of interested parties and corporate disclosure statement by PH Fitness, Inc., PBH Fitness, LLC (bb, Deputy Clerk) (Entered: 02/03/2006)

Intervenor's COMPLAINT by Dawn Grungo against PH Fitness, Inc., PBH Fitness, LLC (nt, Deputy Clerk) (Entered: 02/02/2006)

Certification of interested persons and corporate disclosure statement by Equal Employment (tb, Deputy Clerk) (Entered: 02/09/2006)

JOINT Scheduling Report of Scheduling Meeting by Equal Employment, PH Fitness, Inc., JRRCC, Inc., PBH Fitness, LLC, Dawn Grungo, Dawn Grungo, PH Fitness, Inc., PBH Fitness, LLC 2/8/06 (tb, Deputy Clerk) (Entered: 02/09/2006)

Certification of interested persons and corporate disclosure statement by Equal Employment (tb, Deputy Clerk) (Entered: 02/09/2006)

ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Cecilia M. Altonaga on 2/8/06) [EOD Date: 2/13/06] (tb, Deputy Clerk) (Entered: 02/13/2006)

Certification of interested persons and corporate disclosure statement by Dawn Grungo (tb, Deputy Clerk) (Entered: 02/17/2006)

Answer and affirmative defenses to Count 1 of Intervenor's Complaint by PH Fitness, Inc., PBH Fitness, LLC (wc, Deputy Clerk) (Entered: 02/21/2006)

MOTION with memorandum in support by PH Fitness, Inc., PBH Fitness, LLC to dismiss Count II of Intervener's Complaint (wc, Deputy Clerk) (Entered: 02/21/2006)

MOTION by Dawn Grungo to extend time within which to respond to to defendants-in-intervention's motion to dismiss count II of her complaint (tb, Deputy Clerk) (Entered: 02/28/2006)

ORDER granting [21-1] motion to extend time within which to respond to to defendants-in-intervention's motion to dismiss count II of her complaint ( Signed by Judge Cecilia M. Altonaga on 2/28/06) [EOD Date: 3/1/06] (bb, Deputy Clerk) (Entered: 03/01/2006)

RULE 26 (a)(1)DISCLOSURES by PH Fitness, Inc., PBH Fitness, LLC (tb, Deputy Clerk) (Entered: 03/03/2006)

RESPONSE by Dawn Grungo in opposition to [20-1] motion to dismiss Count II of Intervener's Complaint (tb, Deputy Clerk) (Entered: 03/07/2006)

ORDER SCHEDULING MEDIATION before Mediator: Martin A. Soll for 12/05/06 at 10:00 a.m. ( Signed by Judge Cecilia M. Altonaga on 3/10/06) [EOD Date: 3/13/06] (bb, Deputy Clerk) (Entered: 03/13/2006)

NOTICE to Clerk of Court to correct contact information by PBH Fitness, LLC, PH Fitness, Inc. (tb, Deputy Clerk) (Entered: 03/16/2006)

REPLY MEMORANDUM by PBH Fitness, LLC, PH Fitness, Inc. in support of [20-1] motion to dismiss Count II of Intervener's Complaint (tb, Deputy Clerk) (Entered: 03/17/2006)

MOTION with memorandum in support by PH Fitness, Inc., PBH Fitness, LLC to compel intervening plaintiff's Rule 26 initial document disclosure (tb, Deputy Clerk) (Entered: 03/22/2006)

Notice of compliance: by PBH Fitness, LLC, PH Fitness, Inc. with FRCP 26(a)(1) Disclosures (wc, Deputy Clerk) (Entered: 03/30/2006)

ORDER granting [20-1] motion to dismiss Count II of Intervener's Complaint ( Signed by Judge Cecilia M. Altonaga on 3/30/06) [EOD Date: 3/31/06] (bb, Deputy Clerk) (Entered: 03/31/2006)

AMENDED COMPLAINT by Dawn Grungo, (Answer due 4/20/06 for PH Fitness, Inc., for JRRCC, Inc., for PBH Fitness, LLC ) amending [4-1] amended complaint (tb, Deputy Clerk) (Entered: 04/10/2006)

MOTION by Dawn Grungo to extend time to respond to defendants' discovery (tb, Deputy Clerk) (Entered: 04/11/2006)

NOTICE to Clerk of Court to correct contact information by Equal Employment (tb, Deputy Clerk) (Entered: 04/12/2006)

RESPONSE by PBH Fitness, LLC, PH Fitness, Inc. to [32-1] motion to extend time to respond to defendants' discovery (tb, Deputy Clerk) (Entered: 04/17/2006)

ORDER granting [32-1] motion to extend time to respond to defendants' discovery ( Signed by Magistrate Judge William C. Turnoff on 4/14/06) [EOD Date: 4/18/06] (tb, Deputy Clerk) (Entered: 04/18/2006)

NOTICE OF HEARING Motion hearing before Magistrate Judge William C. Turnoff set for 2:00 4/24/06 for [28-1] motion to compel intervening plaintiff's Rule 26 initial document ( Signed by Magistrate Judge William C. Turnoff on 4/18/06) [EOD Date: 4/19/06] (wc, Deputy Clerk) (Entered: 04/19/2006)

ORDER Cancelling hearing on defendants' motion to compel set for 4/24/06 2:00 PM ( Signed by Magistrate Judge William C. Turnoff on 4/20/06) [EOD Date: 4/24/06] (tb, Deputy Clerk) (Entered: 04/24/2006)

ORDER denying as moot [28-1] motion to compel intervening plaintiff's Rule 26 initial document disclosure ( Signed by Judge Cecilia M. Altonaga on 04/24/06) [EOD Date: 4/25/06] (bb, Deputy Clerk) (Entered: 04/25/2006)

MOTION with memorandum in support by PBH Fitness, LLC, PH Fitness, Inc. to dismiss amended complaint (tb, Deputy Clerk) (Entered: 04/28/2006)

MOTION with memorandum in support by Dawn Grungo to compel better responses to intervener plaintiff's request to produce (tb, Deputy Clerk) (Entered: 05/02/2006)

MOTION with memorandum in support by Dawn Grungo to compel better responses to intervener plaintiff's financial interrogatories (tb, Deputy Clerk) (Entered: 05/02/2006)

MOTION with memorandum in support by Dawn Grungo to compel better responses to intervener plaintiff's punitive damages request to produce (tb, Deputy Clerk) (Entered: 05/02/2006)

RESPONSE by Dawn Grungo to [39-1] motion to dismiss amended complaint (tb, Deputy Clerk) (Entered: 05/11/2006)

RESPONSE by PH Fitness, Inc. to [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce (tb, Deputy Clerk) (Entered: 05/16/2006)

RESPONSE by PH Fitness, Inc. to [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce (tb, Deputy Clerk) (Entered: 05/16/2006)

RESPONSE by PH Fitness, Inc. to [41-1] motion to compel better responses to intervener plaintiff's financial interrogatories (tb, Deputy Clerk) (Entered: 05/16/2006)

MOTION by Dawn Grungo to extend time reply to defendants responses to three pending motions to compel (dj, Deputy Clerk) (Entered: 05/24/2006)

ORDER granting [47-1] motion to extend time reply to defendants responses to three pending motions to compel ( Signed by Judge Cecilia M. Altonaga on 5/24/06) [EOD Date: 5/25/06] (tb, Deputy Clerk) (Entered: 05/25/2006)

RESPONSE AND MEMORANDUM OF LAW by PH Fitness, Inc., PBH Fitness, LLC in opposition to [43-1] motion to amend complaint (lh, Deputy Clerk) (Entered: 05/26/2006)

MOTION by PBH Fitness, LLC, PH Fitness, Inc. (Attorney ) to compel intervening plaintiff's better responses to interrogatories (dg, Deputy Clerk) (Entered: 09/25/2006)

ORDER granting [39-1] motion to dismiss amended complaint denying [43-1] motion response ( Signed by Judge Cecilia M. Altonaga on 5/25/06) [EOD Date: 5/26/06] (tb, Deputy Clerk) (Entered: 05/26/2006)

REPLY by Dawn Grungo to response to [41-1] motion to compel better responses to intervener plaintiff's financial interrogatories (lh, Deputy Clerk) (Entered: 05/30/2006)

REPLY by Dawn Grungo to response to [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce (lh, Deputy Clerk) (Entered: 05/30/2006)

REPLY by Dawn Grungo to response to [40-1] motion to compel better responses to intervener plaintiff's request to produce (lh, Deputy Clerk) (Entered: 05/30/2006)

MOTION by Equal Employment (Attorney ) to amend [1-1] complaint (lh, Deputy Clerk) (Entered: 06/01/2006)

MOTION by Dawn Grungo (Attorney ) to amend [12-1] intervenor complaint, [31-1] amended complaint (lh, Deputy Clerk) (Entered: 06/01/2006)

ORDER granting [54-1] motion to amend [1-1] complaint ( Signed by Judge Cecilia M. Altonaga on 6/1/06) [EOD Date: 6/5/06] (lk, Deputy Clerk) (Entered: 06/05/2006)

SECOND AMENDED COMPLAINT by Dawn Grungo, Equal Employment, (Answer due 6/12/06 for PH Fitness, Inc., for JRRCC, Inc., for PBH Fitness, LLC, for PH Fitness, Inc., for PBH Fitness, LLC ) amending [4-1] amended complaint (lk, Deputy Clerk) (Entered: 06/05/2006)

RESPONSE by Dawn Grungo to [28-1] motion to compel better interrogatory response (lh, Deputy Clerk) (Entered: 06/05/2006)

ORDER granting [55-1] motion to amend [12-1] intervenor complaint, [31-1] amended complaint ( Signed by Judge Cecilia M. Altonaga on 6/6/06) [EOD Date: 6/7/06] (lk, Deputy Clerk) (Entered: 06/07/2006)

ANSWER AND AFFIRMATIVE DEFENSES by PBH Fitness, LLC, PH Fitness, Inc. (Attorney ) to second amended complaint (lh, Deputy Clerk) (Entered: 06/16/2006)

REPLY by PBH Fitness, LLC, PH Fitness, Inc. to response to motion to compel better responses to intervener plaintiff's interrogatories (lh, Deputy Clerk) (Entered: 06/16/2006)

MOTION with memorandum in support by PBH Fitness, LLC, PH Fitness, Inc. to compel executed medical authorization from intervening plaintiff (dg, Deputy Clerk) (Entered: 07/12/2006)

ORDER granting in part, denying in part [40-1] motion to compel better responses to intervener plaintiff's request to produce granting in part, denying in part [41-1] motion to compel better responses to intervener plaintiff's financial interrogatories granting in part, denying in part [42-1] motion to compel better responses to intervener plaintiff's punitive damages request to produce ( Signed by Magistrate Judge William C. Turnoff on 07/14/06) [EOD Date: 7/17/06] (bs, Deputy Clerk) (Entered: 07/17/2006)

RESPONSE by Dawn Grungo in opposition to [62-1] motion to compel executed medical authorization from intervening plaintiff (lh, Deputy Clerk) (Entered: 07/26/2006)

REPLY by PBH Fitness, LLC, PH Fitness, Inc. to response to [62-1] motion to compel executed medical authorization from intervening plaintiff (lh, Deputy Clerk) (Entered: 08/03/2006)

Notice of compliance: by PBH Fitness, LLC, PH Fitness, Inc. with [63-1] order (lh, Deputy Clerk) (Entered: 08/04/2006)

NOTICE of filing proposed joint confidentiality order by PBH Fitness, LLC, PH Fitness, Inc. (lh, Deputy Clerk) (Entered: 08/04/2006)

JOINT CONFIDENTIALITY ORDER ( Signed by Judge Cecilia M. Altonaga on 8/4/06) [EOD Date: 8/7/06] (lk, Deputy Clerk) (Entered: 08/07/2006)

Supplemental Rule 26(a)(1) Disclosure Witness list by PH Fitness, Inc., PBH Fitness, LLC (Former Deputy Clerk) (Entered: 08/08/2006)

ORDER denying [62-1] motion to compel executed medical authorization from intervening plaintiff ( Signed by Magistrate Judge William C. Turnoff on 8/8/06) [EOD Date: 8/10/06] (lk, Deputy Clerk) (Entered: 08/10/2006)

MOTION by PH Fitness, Inc. (Attorney ) for clarification of [70-1] order (Former Deputy Clerk) (Entered: 09/12/2006)

NOTIFICATION of 90 days expiring of the motion to compel intervening plaintiff's better responses to interrogatories by PBH Fitness, LLC, PH Fitness, Inc. (lk, Deputy Clerk) (Entered: 09/22/2006)

ORDER granting in part and denying in part 73 Motion to Compel . Signed by Judge William C. Turnoff on 10/17/06. (lc2) (Entered: 10/17/2006)

ORDER requiring response by 10/23/06.. Signed by Judge William C. Turnoff on 10/17/06. (lc2) (Entered: 10/17/2006)

Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce by Dawn Grungo. Responses due by 11/9/2006 (Currier, Romin) (Entered: 10/26/2006)

ORDER granting 71 Motion for Clarification . Signed by Judge William C. Turnoff on 10/26/06. (lc2) (Entered: 10/26/2006)

RESPONSE to Motion re 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce filed by PBH Fitness, LLC. Replies due by 11/16/2006. (Yoho, Sarah) (Entered: 11/08/2006)

REPLY to Response to Motion re 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce filed by Dawn Grungo. (Attachments: # 1 Exhibit "A")(Pincus, William) (Entered: 11/16/2006)

1 Exhibit "A"

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NOTICE of Hearing on Motion 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce: Motion Hearing set for 12/19/2006 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff. (lc2) (Entered: 11/27/2006)

MOTION for Hearing re 80 Notice of Hearing on Motion by Dawn Grungo. (Icangelo, Guy) (Entered: 11/28/2006)

ORDER granting 81 Motion to Re-Set Hearing . Signed by Judge William C. Turnoff on 12/1/06. (lc2) (Entered: 12/01/2006)

ORDER on Mediation Results; parties are to file mediation results by 12/22/06. Signed by Judge Cecilia M. Altonaga on December 14, 2006. (ps1) (Entered: 12/14/2006)

Notice of Mediation Hearing onJanuary 18, 2007 before Mediator, Martin A. Sollfiled by Martin A. Soll.(Soll, Martin) (Entered: 12/21/2006)

Notice of Mediation Hearing onJanuary 18, 2007 before Mediator, Martin A. Sollfiled by Martin A. Soll.(Soll, Martin) (Entered: 12/22/2006)

NOTICE by Dawn Grungo re 80 Notice of Hearing on Motion (FILING DOCUMENTS IN SUPPORT OF MOTION TO COMPEL) (Attachments: # 1 Exhibit "1"# 2 Exhibit "2")(Pincus, William) (Entered: 01/02/2007)

1 Exhibit "1"

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2 Exhibit "2"

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RESPONSE in Opposition re 76 Plaintiff's MOTION to Compel Better Responses to Grungo's 4th Request to Produce (NOTICE OF FILING DOCUMENTS) filed by PH Fitness, Inc., PBH Fitness, LLC. (Attachments: # 1 Exhibit "1"# 2 Exhibit "2"# 3 Exhibit "3"# 4 Exhibit "4"# 5 Exhibit "5")(Gordon, Eric) (Entered: 01/03/2007)

1 Exhibit "1"

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2 Exhibit "2"

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3 Exhibit "3"

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4 Exhibit "4"

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5 Exhibit "5"

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ORDER deeming moot 76 Motion to Compel . Signed by Judge William C. Turnoff on 1/5/07. (lc2) (Entered: 01/05/2007)

Notice of Mediation Hearing onJanuary 18, 2007 before Mediator, Martin A. Sollfiled by Martin A. Soll.(Salmon, John) (Entered: 01/10/2007)

Witness List - Supplemental Disclosures Pursuant to Rule 26(A)(1) by Dawn Grungo.. (Pincus, William) (Entered: 01/17/2007)

ORDER on Mediation Results; the parties are to file the results of the mediation conference that was scheduled for January 18, 2007 by February 5, 2007. Signed by Judge Cecilia M. Altonaga on January 29, 2007 (ps1) (Entered: 01/29/2007)

REPORT of Mediation Disposition: Impasse(Dreilinger, Lauren) (Entered: 02/05/2007)

Witness List - Joint Second Supplemental Disclosures Pursuant to Rule 26(A)(1) of Federal Rules of Civil Procedure by US EEOC and by Dawn Grungo.. (Pincus, William) (Entered: 02/05/2007)

Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Dreilinger, Lauren) (Entered: 02/08/2007)

ORDER granting in part 94 Motion for Extension of Time to Conduct Depositions; the discovery cut-off date is extended to March 30, 2007; the remaining pre-trial deadlines remain in effect. Please see order for details.Signed by Judge Cecilia M. Altonaga on February 9, 2007 (ps1) (Entered: 02/09/2007)

MOTION for Summary Judgment and Supporting Memorandum of Law filed by Defendant PBH Fitness, LLC and by PH Fitness, Inc.. Responses due by 3/23/2007 (Gordon, Eric) (Entered: 03/09/2007)

Statement of: Undisputed Material Facts In Support of Defendants' Motion for Summary Judgment filed by Defendants PBH Fitness, LLC and by PH Fitness, Inc. re 96 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Defendant PBH Fitness, LLC and. (Gordon, Eric) (Entered: 03/09/2007)

NOTICE by PH Fitness, Inc. re 96 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Defendant PBH Fitness, LLC and PH Fitness, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Gordon, Eric) (Entered: 03/09/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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Joint MOTION Approval of Consent Decree by Equal Employment Opportunity Commission, Dawn Grungo, PBH Fitness, LLC, PH Fitness, Inc. (Attachments: # 1 Text of Proposed Order Consent Decree # 2 Stipulation of Dismissal # 3 Text of Proposed Order Adopting Joint Stipulation for Dismissal# 4 Appendix Certificate of Service)(Dreilinger, Lauren) Modified to add attachment description and filers on 3/22/2007 (nt). (Entered: 03/21/2007)

1 Text of Proposed Order Consent Decree

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2 Stipulation of Dismissal

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3 Text of Proposed Order Adopting Joint Stipulation for Dismissal

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4 Appendix Certificate of Service

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CONSENT DECREE granting 99 Joint Motion for Approval of Consent Decree. Signed by Judge Cecilia M. Altonaga on 3/22/2007. (ls) (Entered: 03/22/2007)