Case: EEOC v. Fitness First

0:05-cv-61580 | U.S. District Court for the Southern District of Florida

Filed Date: Sept. 28, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The Miami District Office of the EEOC brought this suit against PH Fitness, Inc., which owns Fitness First, in September of 2005, in the U.S. District Court for the Southern District of Florida. The suit was based on an unlawful termination of the complainant for being a female and being pregnant. She had just received a promotion when she told her boss that she was pregnant, after which she was quickly terminated. The complainant intervened and her complaint was dismissed twice due to failu…

The Miami District Office of the EEOC brought this suit against PH Fitness, Inc., which owns Fitness First, in September of 2005, in the U.S. District Court for the Southern District of Florida. The suit was based on an unlawful termination of the complainant for being a female and being pregnant. She had just received a promotion when she told her boss that she was pregnant, after which she was quickly terminated. The complainant intervened and her complaint was dismissed twice due to failure to state a claim under FRCP 12(b)(6). In addition before the termination of the suit the defendant brought a motion for summary judgment. Even though it seems from the docket that the defendant had a strong case, enough to win two motions to dismiss and file a summary judgment, the parties ended up settling and a consent decree was filed on March 22, 2007.

The consent decree combined injunctive relief and monetary relief. The injunctive relief consisted of: EEO training on Title VII for all managers and future employees; creating a new anti-discrimination policy; posting notice of this case; and distributing the new anti-discrimination policy. The monetary relief awarded was a total of $105,000 to be broken up into three parts. $8,000 was to go to the complainant as back pay, while another $48,638.37 was to go to her for compensatory damages. The remaining $48,361.63 (the consent decree's math was wrong) was to be awarded to the complainant's lawyer.

The terms of the agreement were to run for 3 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Alex Bean (6/22/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4231738/parties/equal-employment-v-ph-fitness-inc/

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment v. PH Fitness, Inc.

March 22, 2007 Docket
1

Complaint

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

Sept. 28, 2005 Complaint
4

Amended Complaint

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

Dec. 14, 2005 Complaint
12

Intervener's Complaint

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

Feb. 2, 2006 Complaint
30

Order on Motion to Dismiss [Count II of Intervenor's Complaint]

EEOC v. PH Fitness et al

March 30, 2006 Order/Opinion
31

Intervener's Amended Complaint

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

April 10, 2006 Complaint
49

Order on Motion to Dismiss Intervener's Amended Complaint and Intervener's Motion to Amend Complaint

EEOC v. PH Fitness et al

May 25, 2006 Order/Opinion
57

Second Amended Complaint [Intervenor Plaintiff]

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

June 5, 2006 Complaint
63

Omnibus Order [Regarding Motions to Compel]

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

July 17, 2006 Order/Opinion
70

Order [Regarding Defendant's Motion to Compel Executed Medical Authorization From Intervening Plaintiff]

EEOC v. PH Fitness et al

Aug. 9, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4231738/equal-employment-v-ph-fitness-inc/

Last updated May 13, 2022

ECF Number Description Date Link
1

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

Sept. 28, 2005 RECAP
2

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

Sept. 28, 2005 PACER
3

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

Sept. 28, 2005 PACER
4

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)

Dec. 13, 2005 PACER
5

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)

Dec. 19, 2005 PACER
6

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

Jan. 3, 2006 PACER
7

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

Jan. 12, 2006 PACER
8

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)

Jan. 17, 2006 PACER
9

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

Jan. 23, 2006 PACER
10

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

Jan. 23, 2006 PACER
11

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)

Jan. 25, 2006 PACER
13

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

Jan. 31, 2006 PACER
12

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

Feb. 2, 2006 PACER
14

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

Feb. 8, 2006 PACER
15

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)

Feb. 8, 2006 PACER
16

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

Feb. 8, 2006 PACER
17

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)

Feb. 9, 2006 PACER
18

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

Feb. 17, 2006 PACER
19

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)

Feb. 20, 2006 PACER
20

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)

Feb. 20, 2006 PACER
21

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)

Feb. 27, 2006 PACER
22

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)

Feb. 28, 2006 PACER
23

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

March 2, 2006 PACER
24

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)

March 6, 2006 PACER
25

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)

March 10, 2006 PACER
26

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

March 15, 2006 PACER
27

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)

March 15, 2006 PACER
28

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)

March 21, 2006 PACER
29

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

March 30, 2006 PACER
30

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)

March 30, 2006 PACER
31

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)

April 10, 2006 PACER
32

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

April 10, 2006 PACER
33

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

April 11, 2006 PACER
34

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)

April 14, 2006 PACER
35

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)

April 17, 2006 PACER
36

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)

April 18, 2006 PACER
37

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)

April 21, 2006 PACER
38

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)

April 24, 2006 PACER
39

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

April 26, 2006 PACER
40

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)

April 30, 2006 PACER
41

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)

April 30, 2006 PACER
42

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)

April 30, 2006 PACER
43

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

May 10, 2006 PACER
44

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)

May 15, 2006 PACER
45

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)

May 15, 2006 PACER
46

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)

May 15, 2006 PACER
47

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

May 22, 2006 PACER
48

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)

May 24, 2006 PACER
50

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)

May 24, 2006 PACER
73

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)

May 24, 2006 PACER
49

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)

May 25, 2006 PACER
51

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)

May 26, 2006 PACER
52

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)

May 26, 2006 PACER
53

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)

May 26, 2006 PACER
54

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

June 1, 2006 PACER
55

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

June 1, 2006 PACER
56

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)

June 2, 2006 PACER
57

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)

June 2, 2006 PACER
58

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

June 5, 2006 PACER
59

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)

June 6, 2006 PACER
60

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

June 15, 2006 PACER
61

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)

June 15, 2006 PACER
62

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)

July 10, 2006 PACER
63

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)

July 14, 2006 PACER
64

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)

July 24, 2006 PACER
65

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)

Aug. 1, 2006 PACER
66

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

Aug. 3, 2006 PACER
67

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

Aug. 3, 2006 PACER
68

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)

Aug. 4, 2006 PACER
69

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

Aug. 8, 2006 PACER
70

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)

Aug. 9, 2006 PACER
71

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

Sept. 11, 2006 PACER
72

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)

Sept. 21, 2006 PACER
74

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)

Oct. 17, 2006 PACER
75

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

Oct. 17, 2006 PACER
76

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)

Oct. 26, 2006 PACER
77

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

Oct. 26, 2006 PACER
78

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)

Nov. 8, 2006 PACER
79

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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Nov. 16, 2006 PACER
80

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)

Nov. 27, 2006 PACER
81

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

Nov. 28, 2006 PACER
82

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

Dec. 1, 2006 PACER
83

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)

Dec. 14, 2006 PACER
84

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

Dec. 21, 2006 PACER
85

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

Dec. 22, 2006 PACER
86

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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Jan. 2, 2007 PACER
87

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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Jan. 3, 2007 PACER
88

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

Jan. 5, 2007 PACER
89

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

Jan. 10, 2007 PACER
90

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

Jan. 17, 2007 PACER
91

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)

Jan. 29, 2007 PACER
92

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

Feb. 5, 2007 PACER
93

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)

Feb. 5, 2007 PACER
94

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

Feb. 8, 2007 PACER
95

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)

Feb. 9, 2007 PACER
96

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)

March 9, 2007 PACER
97

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)

March 9, 2007 PACER
98

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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March 9, 2007 PACER
99

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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March 21, 2007 PACER
100

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)

March 22, 2007 PACER

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2005

Closing Date: 2010

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

PH Fitness, Inc. (Deerfield Beach), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

State Anti-Discrimination Law

Availably 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: 105000

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit