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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/40620117/parties/equal-employment-v-aeromar-airlines/


Judge(s)

Middlebrooks, Donald M. (Florida)

Attorney for Plaintiff

Serralta, Gedety Nayets (Florida)

Attorney for Defendant

Macaluso, Maidenly (Florida)

Manzini, Nicolas Andres (Florida)

Documents in the Clearinghouse

Documents in this case

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

See docket on RECAP: https://www.courtlistener.com/docket/40620117/equal-employment-v-aeromar-airlines/

Last updated Sept. 30, 2026, 12:35 a.m.

Docket for: Equal Employment v. Aeromar Airlines
ECF Number Date Description Link
1 Jan. 30, 1998

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

RECAP
2 Jan. 30, 1998

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

RECAP
Jan. 30, 1998

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

PACER
Jan. 30, 1998

Magistrate identification: Magistrate Judge William C. Turnoff (Former Deputy Clerk)

3 Feb. 4, 1998

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

RECAP
4 March 13, 1998

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

RECAP
5 March 18, 1998

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

RECAP
6 April 13, 1998

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

RECAP
7 April 14, 1998

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)

RECAP
8 April 17, 1998

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)

RECAP
9 April 22, 1998

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)

RECAP
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)

PACER
April 22, 1998

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

10 May 4, 1998

MOTION by Equal Employment to extend time to respond to motion to join indispensable party, and for leave to file amended answer to allege a counterclaim with incorporated memorandum (wc, Deputy Clerk) (Entered: 05/05/1998)

RECAP
11 May 6, 1998

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)

RECAP
12 May 20, 1998

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)

RECAP
13 May 22, 1998

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)

RECAP
14 May 28, 1998

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)

RECAP
15 May 29, 1998

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)

RECAP
16 May 29, 1998

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)

RECAP
17 June 1, 1998

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)

RECAP
18 Oct. 9, 1998

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

RECAP
19 Oct. 14, 1998

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)

RECAP
21 Oct. 16, 1998

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

RECAP
21 Oct. 16, 1998

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

RECAP
20 Oct. 19, 1998

ORDER denying [18-1] motion for preliminary injunction and deeming filed Plaintiff's Amended Complaint as of 10/16/98, attached as Exhibit G ( signed by Judge Donald M. Middlebrooks on 10/19/98) CCAP (wc, Deputy Clerk) (Entered: 10/21/1998)

RECAP
22 Oct. 26, 1998

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

RECAP
23 Jan. 15, 1999

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

RECAP
24 Jan. 19, 1999

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)

RECAP
25 Feb. 19, 1999

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)

RECAP
26 Feb. 23, 1999

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)

RECAP
27 March 5, 1999

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

RECAP
28 March 5, 1999

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)

RECAP
29 March 5, 1999

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

RECAP
30 March 5, 1999

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

RECAP
31 March 5, 1999

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

RECAP
32 March 5, 1999

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

RECAP
33 March 5, 1999

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

RECAP
34 March 5, 1999

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

RECAP
35 March 5, 1999

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

RECAP
36 March 5, 1999

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

RECAP
37 March 5, 1999

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

RECAP
38 March 5, 1999

DEPOSITION of Mirna Veronica Basterrechea (wc, Deputy Clerk) (Entered: 03/09/1999)

RECAP
39 March 5, 1999

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

RECAP
40 March 8, 1999

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

RECAP
41 March 11, 1999

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)

RECAP
42 March 22, 1999

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

RECAP
43 March 22, 1999

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

RECAP
43 March 22, 1999

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

RECAP
44 March 24, 1999

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)

RECAP
45 March 29, 1999

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

RECAP
46 March 29, 1999

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)

RECAP
47 March 29, 1999

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)

RECAP
48 March 30, 1999

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)

RECAP
49 March 30, 1999

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

RECAP
50 March 31, 1999

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

RECAP
51 March 31, 1999

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

RECAP
52 April 7, 1999

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)

RECAP
53 April 9, 1999

ORDER granting in part [52-1] motion to extend time to 4/16/99 to file its reply memorandum in support of its motion for summary judgment Reply to Response to Motion reset to 4/13/99 for [27-1] motion for summary judgment . Calendar call remains as previously set for 4/21/99 ( signed by Judge Donald M. Middlebrooks on 4/8/99) CCAP (wc, Deputy Clerk) (Entered: 04/12/1999)

RECAP
54 April 13, 1999

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

RECAP
55 April 20, 1999

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

RECAP
56 April 20, 1999

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

RECAP
57 April 21, 1999

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)

RECAP
April 21, 1999

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

PACER
April 21, 1999

CASE CLOSED. Case and Motions no longer referred to Magistrate. (wc, Deputy Clerk)

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

Private Entity/Person

Aeromar Airlines, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Florida 1:98-cv-00202

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Retaliation Prohibition

Amount Defendant Pays: 22000

Order Duration: 1999 - 2001

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation