Case: EEOC v. SUN AG INC

2:99-cv-14288 | U.S. District Court for the Southern District of Florida

Filed Date: Sept. 30, 1999

Closed Date: Oct. 26, 2000

Clearinghouse coding complete

Case Summary

In September 1999, the EEOC district office in Miami, Florida brought this suit against Sun Ag, Inc., a citrus orange grower, in the U.S. District Court for the Southern District of Florida. The complaint states that a two Black males alleged violation of Title VII of the Civil Rights Act of 1964. Specifically, they claimed that the defendant perpetuated a racially hostile work environment when it allowed its employees to use racial slurs and display a noose in front of Black employees. After extensive discovery, the parties settled. A consent decree was entered in October 2000.

In the consent decree, the parties agreed that the defendant would refrain from retaliating and discriminating on the basis of race, provide five hours of EEO training, post EEO notices, submit annual compliance reports to the EEOC, hire an EEO consultant, and pay the class of aggrieved parties $249,000. No costs or fees were awarded. The terms of the agreement ran for three years.

Summary Authors

Joel Pettit (6/21/2007)

Documents in the Clearinghouse

Document

2:99-cv-14288

Docket

EEOC v. Sun Ag Inc

Oct. 26, 2000

Oct. 26, 2000

Docket
1

2:99-cv-14288

Complaint

EEOC v. Sun Ag Inc

Sept. 30, 1999

Sept. 30, 1999

Complaint
19

2:99-cv-14288

Order Denying Plaintiff's Emergency Motions for Protective Order

EEOC v. Sun Ag Inc

Jan. 3, 2000

Jan. 3, 2000

Order/Opinion
26

2:99-cv-14288

Order Granting Plaintiff's Motion for a Protective Order and Motion to Quash Defendant's Subpoena Duces Tecum

EEOC v. Sun Ag Inc

May 26, 2000

May 26, 2000

Order/Opinion
29

2:99-cv-14288

Consent Decree

EEOC v. Sun Ag Inc

Oct. 26, 2000

Oct. 26, 2000

Settlement Agreement

EEOC Press Release

EEOC v. Sun Ag Inc

No Court

Oct. 30, 2000

Oct. 30, 2000

Press Release

Resources

Docket

Last updated Sept. 7, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE waived; FJL; A-7 (cg, Deputy Clerk) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

Magistrate identification: Magistrate Judge Lynch (cg, Deputy Clerk) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

2

SUMMONS(ES) issued for Sun Ag, Inc. (cg, Deputy Clerk) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

3

NOTICE of filing waiver of service of summons by Equal Employment (cg, Deputy Clerk) (Entered: 11/09/1999)

Nov. 8, 1999

Nov. 8, 1999

4

Waiver of service executed by Sun Ag, Inc. (Attorney Carolyn K. Alvarez), 10/1/99 Answer due by 11/30/99 for Sun Ag, Inc. (cg, Deputy Clerk) (Entered: 11/09/1999)

Nov. 8, 1999

Nov. 8, 1999

6

Answer and affirmative defenses by Sun Ag, Inc. (Attorney Kevin William Shaughnessy), (cg, Deputy Clerk) (Entered: 11/30/1999)

Nov. 23, 1999

Nov. 23, 1999

5

OBJECTION by Sun Ag, Inc. to the Plaintiff's Characterization of the Motion for Protective Order as "Emergency" (Former Deputy Clerk) (Entered: 11/30/1999)

Nov. 24, 1999

Nov. 24, 1999

7

Emergency MOTION by Equal Employment for protective order (cg, Deputy Clerk) (Entered: 11/30/1999)

Nov. 24, 1999

Nov. 24, 1999

8

MOTION by Equal Employment for leave to conduct ex parte interviews of Alvin Thomas and Johnny Smith (cg, Deputy Clerk) (Entered: 12/03/1999)

Dec. 3, 1999

Dec. 3, 1999

9

MEMORANDUM by Sun Ag, Inc. in opposition to [7-1] Emergency Motion for Protective Order (Former Deputy Clerk) (Entered: 12/09/1999)

Dec. 8, 1999

Dec. 8, 1999

10

REQUEST by Sun Ag, Inc. for Oral Argument on [7-1] motion for protective order (Former Deputy Clerk) (Entered: 12/09/1999)

Dec. 8, 1999

Dec. 8, 1999

12

OPPOSITION by Sun Ag, Inc. to [8-1] motion for leave to conduct ex parte interviews of Alvin Thomas and Johnny Smith (Former Deputy Clerk) (Entered: 12/20/1999)

Dec. 16, 1999

Dec. 16, 1999

13

REPLY by Equal Employment to response to [7-1] emergency motion for protective order (cg, Deputy Clerk) (Entered: 12/20/1999)

Dec. 16, 1999

Dec. 16, 1999

11

PROPOSED Joint Scheduling Report of Scheduling Meeting by Equal Employment, Sun Ag, Inc. (go, Deputy Clerk) (Entered: 12/20/1999)

Dec. 17, 1999

Dec. 17, 1999

14

RESPONSE by Equal Employment to objection to characterization of [7-1] motion for protective order (cg, Deputy Clerk) (Entered: 12/20/1999)

Dec. 17, 1999

Dec. 17, 1999

15

REPLY by Equal Employment to response to [8-1] motion for leave to conduct ex parte interviews of Alvin Thomas and Johnny Smith (wj, Deputy Clerk) (Entered: 12/27/1999)

Dec. 27, 1999

Dec. 27, 1999

16

EMERGENCY SUPPLEMENTAL MOTION by Equal Employment for protective order referring to: [7-1] motion for protective order (wj, Deputy Clerk) (Entered: 12/30/1999)

Dec. 30, 1999

Dec. 30, 1999

18

RESPONSE by Equal Employment in opposition to [16-1] supplemental motion for protective order (Former Deputy Clerk) (Entered: 12/30/1999)

Dec. 30, 1999

Dec. 30, 1999

19

ORDER DENYING PLAINTIFF'S EMERGENCY MOTIONS FOR PROTECTIVE ORDER: denying [7-1] motion for protective order, denying [16-1] supplemental motion for protective order (Signed by Judge James C. Paine on 01/03/00) CCAP [EOD Date: 1/4/00] (Former Deputy Clerk) (Entered: 01/04/2000)

Jan. 3, 2000

Jan. 3, 2000

20

MOTION with memorandum in support by Equal Employment for protective order , and to quash Defendant's Subpoena Duces Tecum (at, Deputy Clerk) (Entered: 03/08/2000)

March 7, 2000

March 7, 2000

21

MEMORANDUM by Sun Ag, Inc. in opposition to [20-1] motion for protective order, [20-2] motion to quash Defendant's Subpoena Duces Tecum (Former Deputy Clerk) (Entered: 03/22/2000)

March 21, 2000

March 21, 2000

22

NOTICE of scrivener's error, by Sun Ag, Inc. (Former Deputy Clerk) (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

23

REPLY by Equal Employment to response to [20-1] motion for protective order, [20-2] motion to quash Defendant's Subpoena Duces Tecum (Former Deputy Clerk) (Entered: 03/31/2000)

March 30, 2000

March 30, 2000

24

FINAL report of Mediator. Disposition: Impasse (Former Deputy Clerk) (Entered: 05/02/2000)

May 1, 2000

May 1, 2000

25

ORDER denying [8-1] motion for leave to conduct ex parte interviews of Alvin Thomas and Johnny Smith ( Signed by Judge James C. Paine on 5/5/00) CCAP [EOD Date: 5/8/00] (go, Deputy Clerk) (Entered: 05/08/2000)

May 5, 2000

May 5, 2000

26

ORDER GRANTING PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER AND MOTION TO QUASH DEFENDANT'S SUBPOENA DUCES TECUM: ORDER granting [20-1] motion for protective order, granting [20-2] motion to quash Defendant's Subpoena Duces Tecum ( Signed by Judge James C. Paine on 5/26/00) CCAP [EOD Date: 5/26/00] (Former Deputy Clerk) (Entered: 05/26/2000)

May 26, 2000

May 26, 2000

27

ADMINISTRATIVE ORDER:ORDER [10-1] motion for Oral Argument on [7-1] motion for protective order (Signed by Judge James C. Paine on 5/26/00) CCAP [EOD Date: 5/26/00] (Former Deputy Clerk) (Entered: 05/26/2000)

May 26, 2000

May 26, 2000

28

ORDER SETTING TRIAL AND DIRECTING PRETRIAL PROCEDURES Jury Trial set for 9:30 a.m. on 5/21/01 at 300 South Sixth Street, Fort Pierce, Florida; Pretrial Stipulation due on or before 5/7/01; Calendar Call set for 9:00 a.m. on 5/10/01 at 701 Clematis Street, WPB, Florida. Please refer to Order for further pretrial scheduling procedures. (Signed by Judge James C. Paine on 5/26/00) CCAP [EOD Date: 6/1/00] CCAP (at, Deputy Clerk) (Entered: 06/01/2000)

May 31, 2000

May 31, 2000

29

CONSENT DECREE Defendant, Sun Ag, Inc., agrees to pay the total amount of $249,000 in damages. This Consent Decree will operate as a full and final resolution of this action. Each party shall bear its own costs and attorney's fees.(see decree for further details)( Signed by Judge James C. Paine on 10/24/00) CCAP [EOD Date: 10/27/00] (go, Deputy Clerk) (Entered: 10/27/2000)

Oct. 26, 2000

Oct. 26, 2000

CASE CLOSED. Case and Motions no longer referred to Magistrate. [20-1] motion for protective order, [20-2] motion to quash Defendant's Subpoena Duces Tecum, [16-1] supplemental motion for protective order, [10-1] motion for Oral Argument on [7-1] motion for protective order, [8-1] motion for leave to conduct ex parte interviews of Alvin Thomas and Johnny Smith, [7-1] motion for protective order (go, Deputy Clerk) (Entered: 10/27/2000)

Oct. 26, 2000

Oct. 26, 2000

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: Oct. 26, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sun Ag, Inc. (Fellsmere, Florida), Private Entity/Person

Case Details

Causes of Action:

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

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: 249000

Order Duration: 2000 - 2003

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits