Case: EEOC v. AEROMAR AIRLINES, INC.

1:98-cv-00202 | U.S. District Court for the Southern District of Florida

Filed Date: Jan. 30, 1998

Closed Date: April 21, 1999

Clearinghouse coding complete

Case Summary

The EEOC's Miami district office sued Aeromar Airlines, Inc. on January 30, 1998 in the U.S. District Court for the Southern District of Florida. The EEOC's complaint alleged that the defendant violated the Age Discrimination in Employment Act when it discriminated based on age by creating a hostile work environment for the complainant, retaliated by filing two state lawsuits when the complainant pursued an EEOC complaint, and discharged the complainant because of her age. The defendant filed…

The EEOC's Miami district office sued Aeromar Airlines, Inc. on January 30, 1998 in the U.S. District Court for the Southern District of Florida. The EEOC's complaint alleged that the defendant violated the Age Discrimination in Employment Act when it discriminated based on age by creating a hostile work environment for the complainant, retaliated by filing two state lawsuits when the complainant pursued an EEOC complaint, and discharged the complainant because of her age. The defendant filed a motion for summary judgment in March 1999, which was never resolved. The parties entered into a settlement agreement on April 20, 1999, which stipulated that the defendant would pay the complainant $22,000 in damages, provide a neutral reference letter, expunge the complainant's employment record, post a notice of compliance with the ADEA, post the company's EEO policy, provide EEO training to its employees, and allow the EEOC to enter the defendant's premises to ensure compliance with the consent decree.

Summary Authors

Aaron Weismann (7/13/2007)

Documents in the Clearinghouse

Document

1:98-cv-00202

Docket [PACER]

EEOC v. Aeromar Airlines, Inc.

April 21, 1999

April 21, 1999

Docket
1

1:98-cv-00202

Complaint

EEOC v. Aeromar Airlines, Inc.

Jan. 30, 1998

Jan. 30, 1998

Complaint
17

1:98-cv-00202

Order

EEOC v. Aeromar Airlines, Inc.

June 1, 1998

June 1, 1998

Order/Opinion
21

1:98-cv-00202

Amended Complaint

EEOC v. Aeromar Airlines, Inc.

Oct. 16, 1998

Oct. 16, 1998

Complaint
20

1:98-cv-00202

Order [Regarding Plaintiff's Motion for Preliminary Injunction]

EEOC v. Aeromar Airlines, Inc.

Oct. 19, 1998

Oct. 19, 1998

Order/Opinion
56

1:98-cv-00202

Settlement Agreement

EEOC v. Aeromar Airlines, Inc.

April 20, 1999

April 20, 1999

Settlement Agreement
57

1:98-cv-00202

Order Closing and Dismissing Case

EEOC v. Aeromar Airlines, Inc.

April 21, 1999

April 21, 1999

Order/Opinion

Resources

Docket

Last updated Sept. 7, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE waived WCT A-7 (Former Deputy Clerk) (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

Magistrate identification: Magistrate Judge William C. Turnoff (Former Deputy Clerk) (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

2

SUMMONS issued for Aeromar Airlines (Former Deputy Clerk) (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

3

SUMMONS(ES) issued for Aeromar Airlines by serving Raymundo Polanco (gz, Deputy Clerk) (Entered: 02/09/1998)

Feb. 4, 1998

Feb. 4, 1998

4

Answer and affirmative defenses by Aeromar Airlines (Attorney Nicolas Andres Manzini, Maidenly Sotuyo-Macaluso), (wc, Deputy Clerk) (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

5

ORDER of Pretrial Procedures (signed by Judge Donald M. Middlebrooks on 3/16/98) CCAP (wc, Deputy Clerk) (Entered: 03/19/1998)

March 18, 1998

March 18, 1998

6

Joint Scheduling Report of Scheduling Meeting by Aeromar Airlines, Equal Employment (wc, Deputy Clerk) (Entered: 04/16/1998)

April 13, 1998

April 13, 1998

7

SCHEDULING ORDER setting Memos of law due on or before 2/25/99 Deadline for filing of all motions by 2/25/99 Discovery cutoff 1/15/99 ; ( signed by Judge Donald M. Middlebrooks on 4/14/98) CCAP (wc, Deputy Clerk) (Entered: 04/16/1998)

April 14, 1998

April 14, 1998

8

MOTION with memorandum in support by Aeromar Airlines to join indispensable party , and to for leave to amend [4-1] answer to allege a counterclaim (wc, Deputy Clerk) (Entered: 04/21/1998)

April 17, 1998

April 17, 1998

9

NOTICE of Hearing: set Jury trial for 9:00 4/26/99 before Judge Donald M. Middlebrooks , cal set calendar call for 1:15 4/21/99 before Judge Donald M. Middlebrooks (wc, Deputy Clerk) (Entered: 04/24/1998)

April 22, 1998

April 22, 1998

Deadline updated; set pretrial stipulation due for 3/22/99 before Judge Donald M. Middlebrooks (wc, Deputy Clerk) (Entered: 04/24/1998)

April 22, 1998

April 22, 1998

11

ORDER granting [10-1] motion to extend time to respond to motion to join indispensable party, granting [10-2] motion for leave to file amended answer to allege a counterclaim with incorporated memorandum Response to motion reset to 5/20/98 for [8-1] motion to join indispensable party, reset to 5/20/98 for [8-2] motion to for leave to amend [4-1] answer to allege a counterclaim ( signed by Judge Donald M. Middlebrooks on 5/5/98) CCAP (wc, Deputy Clerk) (Entered: 05/07/1998)

May 6, 1998

May 6, 1998

12

RESPONSE by Equal Employment to [8-1] motion to join indispensable party, [8-2] motion to for leave to amend [4-1] answer to allege a counterclaim (Former Deputy Clerk) (Entered: 05/27/1998)

May 20, 1998

May 20, 1998

13

NOTICE of Filing attached documents inadvertently omitted from response to defendant's motion to join indispensable party and for leave to amend answer by Equal Employment (Former Deputy Clerk) (Entered: 05/27/1998)

May 22, 1998

May 22, 1998

14

MOTION by Aeromar Airlines to extend time to 6/8/98 to reply to response to motion to join indispensible party and for leave to amend answer (wc, Deputy Clerk) (Entered: 06/02/1998)

May 28, 1998

May 28, 1998

15

NOTICE of substitution of counsel with Gedety Serralta replacing Michelle M. Gallardo as counsel of record by Equal Employment (wc, Deputy Clerk) Modified on 06/02/1998 (Entered: 06/02/1998)

May 29, 1998

May 29, 1998

16

ORDER granting [14-1] motion to extend time to 6/8/98 to reply to response to motion to join indispensible party and for leave to amend answer ( signed by Judge Donald M. Middlebrooks on 5/29/98) CCAP (wc, Deputy Clerk) (Entered: 06/02/1998)

May 29, 1998

May 29, 1998

17

ORDER denying [8-1] motion to join indispensable party, denying [8-2] motion to for leave to amend [4-1] answer to allege a counterclaim ( signed by Judge Donald M. Middlebrooks on 6/1/98) CCAP (wc, Deputy Clerk) (Entered: 06/03/1998)

June 1, 1998

June 1, 1998

18

EMERGENCY MOTION by Equal Employment for preliminary injunction , and for leave to file amended complaint (nt, Deputy Clerk) (Entered: 10/13/1998)

Oct. 9, 1998

Oct. 9, 1998

19

ORDER granting [18-2] motion for leave to file amended complaint; Motion hearing before Judge Donald M. Middlebrooks set for 5:00 10/16/98 for [18-1] motion for preliminary injunction ( signed by Judge Donald M. Middlebrooks on 10/15/98) CCAP (wc, Deputy Clerk) (Entered: 10/16/1998)

Oct. 14, 1998

Oct. 14, 1998

21

AMENDED COMPLAINT by Equal Employment , (Answer due 10/26/98 for Aeromar Airlines ) amending [1-1] complaint (wc, Deputy Clerk) (Entered: 10/21/1998)

Oct. 16, 1998

Oct. 16, 1998

21

DEMAND for jury trial by Equal Employment (wc, Deputy Clerk) (Entered: 10/21/1998)

Oct. 16, 1998

Oct. 16, 1998

22

Answer and affirmative defenses to amended complaint by Aeromar Airlines (nt, Deputy Clerk) (Entered: 10/28/1998)

Oct. 26, 1998

Oct. 26, 1998

23

MOTION by Aeromar Airlines to extend time to 2/24/99 for discovery deadline (wc, Deputy Clerk) (Entered: 01/22/1999)

Jan. 15, 1999

Jan. 15, 1999

24

ORDER granting [23-1] motion to extend time to 2/24/99 for discovery deadline reset discovery deadline for 2/24/99 . All other deadlines remain as set by previous Orders (signed by Judge Donald M. Middlebrooks on 1/19/99) CCAP (wc, Deputy Clerk) (Entered: 01/22/1999)

Jan. 19, 1999

Jan. 19, 1999

25

JOINT MOTION by Aeromar Airlines, Equal Employment to extend time for the parties to file and oppose dispositive motions (wc, Deputy Clerk) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

26

ORDER granting [25-1] joint motion to extend time for the parties to file and oppose dispositive motions reset motion filing deadline for 3/5/99 , Response to motion for summary judgment or other dispositive motions due on or before 3/29/99 ( signed by Judge Donald M. Middlebrooks on 2/23/99) CCAP (wc, Deputy Clerk) (Entered: 03/03/1999)

Feb. 23, 1999

Feb. 23, 1999

27

MOTION with memorandum in support by Aeromar Airlines for summary judgment (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

28

NOTICE of filing: Sworn statements of Ligia Ramirez and Rossin Garcia; Depositions of Emna Mendez, Raymundo Polanco, Carlos Garrido, Xiomara Polanco, Raymundo Polanco, Jr., Miguelina Villalona, Victor Raul Evins, Mirna Veronica Basterrechea, and Juan Meises by Aeromar Airlines (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

29

SWORN STATEMENT of Ligia Ramirez by Aeromar Airlines (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

30

SWORN STATEMENT of Rossin Garcia by Aeromar Airlines (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

31

DEPOSITION of Emna Mendez (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

32

DEPOSITION of Raymundo Polanco, Jr. (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

33

DEPOSITION of Xiomara Polanco (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

34

DEPOSITION of Raymundo Polanco (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

35

DEPOSITION of Carlos Garrido (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

36

DEPOSITION of Miguelina Villalona (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

37

DEPOSITION of Victor Raul Evins (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

39

DEPOSITION of Juan Mieses (wc, Deputy Clerk) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

40

Statement of Undisputed facts in support of Defendant's Motion for summary judgment by Aeromar Airlines (wc, Deputy Clerk) (Entered: 03/09/1999)

March 8, 1999

March 8, 1999

41

ORDER referring case to mediation. 15 days to appoint mediator ( signed by Judge Donald M. Middlebrooks on 3/10/99) CCAP (wc, Deputy Clerk) (Entered: 03/12/1999)

March 11, 1999

March 11, 1999

42

JOINT PRETRIAL STIPULATION by Aeromar Airlines, Equal Employment (wc, Deputy Clerk) (Entered: 03/23/1999)

March 22, 1999

March 22, 1999

43

NOTICE of filing deposition of Mercy Arguelles by Aeromar Airlines (wc, Deputy Clerk) (Entered: 03/23/1999)

March 22, 1999

March 22, 1999

43

DEPOSITION of Mercy Arguelles in support of motion for summary judgment (wc, Deputy Clerk) (Entered: 03/23/1999)

March 22, 1999

March 22, 1999

44

JOINT MOTION by Aeromar Airlines, Equal Employment to extend time within which to conduct the Court-ordered mediation (wc, Deputy Clerk) (Entered: 03/25/1999)

March 24, 1999

March 24, 1999

45

Statement of material facts which are in dispute by Equal Employment (Former Deputy Clerk) (Entered: 03/31/1999)

March 29, 1999

March 29, 1999

46

MOTION with memorandum in support by Equal Employment for leave to file response to defendant's Motion for Summary Judgment exceeding page limit to 25 pages (proposed pleading located in pod 2) (Former Deputy Clerk) (Entered: 03/31/1999)

March 29, 1999

March 29, 1999

47

ORDER granting [44-1] joint motion to extend time within which to conduct the Court-ordered mediation; parties shall inform Court of outcome of mediation on or before 4/19/99 ( signed by Judge Donald M. Middlebrooks on 3/25/99) CCAP (Former Deputy Clerk) Modified on 03/31/1999 (Entered: 03/31/1999)

March 29, 1999

March 29, 1999

48

ORDER granting [46-1] motion for leave to file response to defendant's Motion for Summary Judgment exceeding page limit to 25 pages ( signed by Judge Donald M. Middlebrooks on 3/30/99) CCAP (wc, Deputy Clerk) (Entered: 04/01/1999)

March 30, 1999

March 30, 1999

49

RESPONSE by Equal Employment to [27-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 04/01/1999)

March 30, 1999

March 30, 1999

50

RESPONSE by Equal Employment to [41-1] referral/referred order re: mediation (wc, Deputy Clerk) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

51

NOTICE of Mediation Hearing on 4/9/99 at 1:00pm Leslie W. Langbein added as mediator (wc, Deputy Clerk) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

52

UNOPPOSED MOTION by Aeromar Airlines to extend time to 4/16/99 to file its reply memorandum in support of its motion for summary judgment (wc, Deputy Clerk) (Entered: 04/12/1999)

April 7, 1999

April 7, 1999

54

FINAL report of Mediator. Disposition: settled (wc, Deputy Clerk) (Entered: 04/14/1999)

April 13, 1999

April 13, 1999

55

Settlement agreement by Aeromar Airlines, Equal Employment (wc, Deputy Clerk) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

56

Settlement agreement by Aeromar Airlines, Equal Employment (wc, Deputy Clerk) (Entered: 04/23/1999)

April 20, 1999

April 20, 1999

57

ORDER dismissing this cause , closing this case and denying as moot [27-1] motion for summary judgment ( signed by Judge Donald M. Middlebrooks on 4/21/99) CCAP (wc, Deputy Clerk) (Entered: 04/23/1999)

April 21, 1999

April 21, 1999

CASE CLOSED. Case and Motions no longer referred to Magistrate. (wc, Deputy Clerk) (Entered: 04/23/1999)

April 21, 1999

April 21, 1999

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: Jan. 30, 1998

Closing Date: April 21, 1999

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

Aeromar Airlines, Inc. (Miami, FL), Private Entity/Person

Case Details

Causes of Action:

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

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:

Voluntary Dismissal

Amount Defendant Pays: 22000

Order Duration: 1999 - 2001

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Neutral/Positive Reference

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Monitoring

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits