Case: EEOC v. LINCARE INC

2:01-cv-14291 | U.S. District Court for the Southern District of Florida

Filed Date: Sept. 28, 2001

Closed Date: 2002

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Case Summary

In September 2001, the EEOC district office in Miami, Florida brought this suit against Lincare, Inc. in the U.S. District Court for the Southern District of Florida. The complaint states that a black male alleged a race based termination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint states that one of defendant's managers openly used racial slurs and stated that she refused to work with black people. After reaching an impasse at mediation, the partie…

In the consent decree, the parties agreed that the defendant would pay the aggrieved male $118,000, refrain from retaliating and discriminating on the basis of race, post and distribute an EEO notice, provide its supervisors with 4 hours of EEO training annually, keep all records of complaints, and make semiannual report of all race discrimination complaints to the EEOC. No costs or fees were awarded. The terms of the agreement ran for three years.

Summary Authors

Joel Pettit (6/16/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11701776/parties/equal-employment-v-lincare-inc/

Judge(s)

Graham, Donald L. (Florida)

Attorney for Plaintiff

Brown, Jennifer N. (Florida)

Choi, Heui Young (Florida)

Farrell, Michael J. (Florida)

Franklin-Thomas, Delner (Florida)

Attorney for Defendant

Judge(s)

Graham, Donald L. (Florida)

Attorney for Plaintiff

Brown, Jennifer N. (Florida)

Choi, Heui Young (Florida)

Farrell, Michael J. (Florida)

Franklin-Thomas, Delner (Florida)

Pride-Chavies, Pamela (Florida)

Attorney for Defendant

Lewis, Muslima (Florida)

Lumpkin, Carol Celeiro (Florida)

Miller, Irving M. (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:01-cv-14291	Docket EEOC v. Lincare Inc	Nov. 7, 2002	Nov. 7, 2002 Docket
1 2:01-cv-14291	Complaint EEOC v. Lincare Inc	Sept. 28, 2001	Sept. 28, 2001 Complaint
24 2:01-cv-14291	Order [Regarding Defendant's Motion for Summary Judgment] EEOC v. Lincare Inc	July 12, 2002	July 12, 2002 Order/Opinion
30 2:01-cv-14291	Consent Decree EEOC v. Lincare Inc	Nov. 7, 2002	Nov. 7, 2002 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/11701776/equal-employment-v-lincare-inc/

Last updated Oct. 6, 2026, 7:03 p.m.

Docket for: Equal Employment v. Lincare, Inc.

ECF Number	Date	Description	Link
1	Sept. 28, 2001	COMPLAINT filed; FILING FEE waived; A-12; Magistrate Judge Lynch (cg, Deputy Clerk) (Entered: 09/28/2001)	RECAP
2	Sept. 28, 2001	SUMMONS(ES) issued for Lincare, Inc. (cg, Deputy Clerk) (Entered: 09/28/2001)	RECAP
3	Jan. 3, 2002	Answer and affirmative defenses by Lincare, Inc. (Attorney Irving M. Miller, Carol Celeiro Lumpkin), (sn, Deputy Clerk) (Entered: 01/03/2002)	RECAP
4	Jan. 10, 2002	ORDER SETTING STATUS CONFERENCE Status conference set for 3:35 2/6/02 before Judge Donald L. Graham ( Signed by Judge Donald L. Graham on 1/10/02) [EOD Date: 1/11/02] CCAP (gp, Deputy Clerk) (Entered: 01/11/2002)	RECAP
5	Jan. 24, 2002	JOINT STATUS REPORT by Equal Employment, Lincare, Inc. (cj, Deputy Clerk) (Entered: 01/25/2002)	RECAP
	Feb. 6, 2002	Status conference held before Judge Donald L. Graham (wc, Deputy Clerk) (Entered: 02/08/2002)	PACER
	Feb. 6, 2002	Status conference held before Judge Donald L. Graham (wc, Deputy Clerk)
6	Feb. 7, 2002	Minutes of Status Conference held before Judge Donald L. Graham on 2/6/02; Court Reporter Name or Tape #: Barbara Medina (wc, Deputy Clerk) (Entered: 02/08/2002)	RECAP
7	Feb. 11, 2002	ORDER REFERRING DISCOVERY MATTERS, motions for costs and motions for attorneys' fees to Magistrate Judge Frank J. Lynch, Jr. ( Signed by Judge Donald L. Graham on 2/8/02) CCAP [EOD Date: 2/12/02] (wc, Deputy Clerk) (Entered: 02/12/2002)	RECAP
8	Feb. 11, 2002	ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Donald L. Graham on 2/8/02) [EOD Date: 2/12/02] (wc, Deputy Clerk) (Entered: 02/12/2002)	RECAP
9	Feb. 11, 2002	SCHEDULING ORDER setting Deadline for filing of all motions by 8/26/02; Memos of law due on or before 8/26/02; Jury trial set for 11/4/02; Pretrial Stipulation due on or before 9/23/02; Telephonic Calendar call set for 2:00 10/30/02; Discovery 8/19/02 ; Telephonic Pretrial conference for 2:00 10/2/02 ; ( Signed Judge Donald L. Graham on 2/8/02) [EOD Date: 2/12/02] CCAP (wc, Deputy Clerk) (Entered: 02/12/2002)	RECAP
10	Feb. 25, 2002	Notice of Filing Mediator Agreement in compliance: by Equal Employment with [8-1] referral/referred order dated 2/8/02 (attached) (wc, Deputy Clerk) (Entered: 02/26/2002)	RECAP
11	Feb. 25, 2002	NOTICE of designation of Karen Evans as Mediator by Lincare, Inc. (wc, Deputy Clerk) (Entered: 02/26/2002)	RECAP
12	March 7, 2002	Notice of Filing Form Order Scheduling Mediation in compliance: by Equal Employment with [8-1] 2/8/02 referral/referred order (attachment) (wc, Deputy Clerk) (Entered: 03/08/2002)	RECAP
13	March 11, 2002	ORDER SCHEDULING MEDIATION before Mediator: Karen Evans for 5/8/02 at 10:00am ( Signed by Judge Donald L. Graham on 3/11/02) [EOD Date: 3/13/02] (wc, Deputy Clerk) (Entered: 03/13/2002)	RECAP
14	March 25, 2002	MOTION by Lincare, Inc. to extend time to respond to First Set of Interrogatories and to produce documents responsive to First Request to Produce (wc, Deputy Clerk) (Entered: 03/26/2002)	RECAP
15	March 29, 2002	SUGGESTION OF MOOTNESS by Lincare, Inc. as to [14-1] motion to extend time to respond to First Set of Interrogatories and to produce documents responsive to First Request to Produce (wc, Deputy Clerk) (Entered: 04/01/2002)	RECAP
16	April 2, 2002	ORDER granting [14-1] motion to extend time to respond to First Set of Interrogatories and to produce documents responsive to First Request to Produce ( Signed by Magistrate Frank J. Lynch on 4/2/02) [EOD Date: 4/2/02] (cg, Deputy Clerk) (Entered: 04/02/2002)	RECAP
17	April 29, 2002	ORDER RE-SCHEDULING MEDIATION before Mediator: Karen Evans for 7/16/02 at 10:00am ( Signed by Judge Donald L. Graham on 4/26/02) [EOD Date: 4/30/02] (wc, Deputy Clerk) (Entered: 04/30/2002)	RECAP
18	May 6, 2002	MOTION by Lincare, Inc. for Muslima Lewis, Esquire to appear pro hac vice, Receipt #221109, Fee paid $ 75.00 (cg, Deputy Clerk) (Entered: 05/07/2002)	RECAP
19	May 9, 2002	ORDER granting [18-1] motion for Muslima Lewis, Esquire to appear pro hac vice ( Signed by Judge Donald L. Graham on 5/8/02) [EOD Date: 5/10/02] (wc, Deputy Clerk) (Entered: 05/10/2002)	RECAP
20	May 28, 2002	MOTION with memorandum in support by Lincare, Inc. for summary judgment (wc, Deputy Clerk) (Entered: 05/29/2002)	RECAP
21	May 28, 2002	Concise Statement of Material Facts as to which there is no genuine issue to be tried by Lincare, Inc. re: [20-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 05/29/2002)	RECAP
22	June 14, 2002	RESPONSE by Equal Employment to [20-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 06/17/2002)	RECAP
23	June 27, 2002	REPLY by Lincare, Inc. to response to [20-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 06/28/2002)	RECAP
24	July 12, 2002	ORDER denying as moot [20-1] motion for summary judgment staying case for a period of 60 days pending further efforts to conciliate ( Signed by Judge Donald L. Graham on 7/11/02) [EOD Date: 7/15/02] (wc, Deputy Clerk) (Entered: 07/15/2002)	RECAP
25	July 22, 2002	FINAL report of Mediator. Disposition: Impasse (wc, Deputy Clerk) (Entered: 07/23/2002)	RECAP
26	Sept. 13, 2002	JOINT STATUS REPORT by Equal Employment, Lincare, Inc., Karen Evans (Former Deputy Clerk) (Entered: 09/13/2002)	RECAP
27	Oct. 3, 2002	NOTICE OF SETTLEMENT filed by Equal Employment, Lincare, Inc. (cg, Deputy Clerk) (Entered: 10/07/2002)	RECAP
28	Oct. 21, 2002	ORDER dismissing case ; denying all pending motions as moot and closing case (Signed by Judge Donald L. Graham on 10/21/02) [EOD Date: 10/22/02] (dg, Deputy Clerk) (Entered: 10/22/2002)	RECAP
	Oct. 21, 2002	CASE CLOSED. Case and Motions no longer referred to Magistrate. (dg, Deputy Clerk) (Entered: 10/22/2002)	PACER
	Oct. 21, 2002	CASE CLOSED. Case and Motions no longer referred to Magistrate. (dg, Deputy Clerk)
29	Nov. 1, 2002	NOTICE of filing original consent decree by Lincare, Inc. (dg, Deputy Clerk) (Entered: 11/04/2002)	RECAP
30	Nov. 7, 2002	CONSENT DECREE/JUDGMENT for Equal Employment against Lincare, Inc. for amount of $118,00 ( Signed by Judge Donald L. Graham on 11/7/02) [EOD Date: 11/8/02] (dg, Deputy Clerk) (Entered: 11/08/2002)	RECAP