Case: EEOC v. MORGAN TIRE & AUTO INC (d/b/a OLSON TIRE COMPANY)

5:02-cv-00169 | U.S. District Court for the Middle District of Florida

Filed Date: June 14, 2002

Closed Date: Sept. 16, 2003

Clearinghouse coding complete

Case Summary

The EEOC's Miami district office sued Morgan Tire & Auto, Inc., a Florida corporation d/b/a Olson Tire Company, on June 14, 2002 in the U.S. District Court for the Middle District of Florida. The EEOC's complaint alleged that Morgan violated Title VII when it discriminated against the intervenor employee, who intervened in October 2002, based on sex (male) when it created a hostile work environment resulting in his constructive discharge. The parties entered into a consent decree on August 27, 2003, which stipulated that Morgan would pay the intervenor $7,500 in damages, implement Title VII training for managers, post a notice of compliance with Title VII, amend and distribute a copy of the company's EEO policy, and report complaints of discrimination to the EEOC semiannually.

Summary Authors

Kevin Wilemon (6/12/2007)

People


Judge(s)

Jones, Gary R. (Florida)

Judge(s)

Jones, Gary R. (Florida)

Documents in the Clearinghouse

Document

Docket

EEOC v. Morgan Tire and Auto, Inc.

Sept. 16, 2003 Docket
1

Complaint

EEOC v. Morgan Tire and Auto, Inc.

June 14, 2002 Complaint
12

Plaintiff-Intervenor's Complaint

EEOC v. Morgan Tire and Auto, Inc.

Oct. 23, 2002 Pleading / Motion / Brief
27

Order [Motion to Dismiss]

EEOC v. Morgan Tire and Auto, Inc.

June 2, 2003 Order/Opinion
30

Consent Decree

EEOC v. Morgan Tire and Auto, Inc.

Aug. 27, 2003 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed; jury demand; injunctive relief sought. (lmf) (Entered: 06/17/2002)

June 14, 2002

SUMMONS(ES) issued for Morgan Tire & Auto. Consent(s) issued. (lmf) (Entered: 06/17/2002)

June 14, 2002

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Gary R. Jones (lmf) (Entered: 06/17/2002)

June 17, 2002
2

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (mam) (Entered: 06/21/2002)

June 21, 2002
3

MOTION by Morgan Tire & Auto to extend time to 9/25/02 to answer or otherwise plead referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 08/28/2002)

Aug. 28, 2002
4

NOTICE of attorney appearance of Thomas H. Loffredo, Erika R. Royal and Joseph H. Calvin, III for Morgan Tire & Auto by Thomas H. Loffredo (lmf) (Entered: 08/28/2002)

Aug. 28, 2002
5

ORDER granting [3-1] motion to extend time to 9/25/02 to answer or otherwise plead, setting answer due for 9/25/02 for Morgan Tire & Auto (Signed by Magistrate Gary R. Jones) ctc (ail) (Entered: 08/29/2002)

Aug. 29, 2002
6

MOTION by John Floridia and Annette Floridia with memorandum in support to intervene and for leave to file complaint referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 09/20/2002)

Sept. 19, 2002
7

ANSWER and Affirmative Defenses to [1-1] complaint by Morgan Tire & Auto, Inc. (lmf) (Entered: 09/26/2002)

Sept. 26, 2002
8

MOTION by EEOC to substitute attorney Gedety N. Serralta with Nicholas Inzeo, Gwendolyn Y. Reams and Delner Franklin-Thomas referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 09/26/2002)

Sept. 26, 2002
9

ORDER granting [8-1] motion to substitute attorney Gedety N. Serralta; terminated attorney Gedety N. Serralta for EEOC; added attorney John C. Weaver for EEOC. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 09/30/2002)

Sept. 27, 2002
10

NOTICE that John C. Weaver is substitution of Counsel for the EEOC (lmf) (Entered: 10/02/2002)

Oct. 1, 2002
11

ORDER granting [6-1] motion to intervene and [6-2] motion for leave to file complaint. The clerk is directed to file the Floridia's Complaint. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 10/23/2002)

Oct. 22, 2002
12

INTERVENOR'S COMPLAINT by John Floridia and Annette Floridia against Morgan Tire & Auto, Inc. (lmf) (Entered: 10/23/2002)

Oct. 23, 2002
13

CASE MANAGEMENT REPORT (lmf) (Entered: 11/06/2002)

Nov. 6, 2002

SUMMONSES issued for Morgan Tire & Auto. Consents issued. (lmf) (Entered: 11/06/2002)

Nov. 6, 2002
14

NOTICE OF HEARING: set preliminary pretrial conference for 2:30 12/10/02 scheduled for Magistrate Judge Gary R. Jones (Signed by Deputy Clerk) ctc (dfd) (Entered: 11/14/2002)

Nov. 14, 2002
15

RETURN of service executed as to Morgan Tire & Auto on 11/12/02. Answer due on 12/2/02 for Morgan Tire & Auto. (lmf) (Entered: 11/20/2002)

Nov. 19, 2002
16

AGREED MOTION by Morgan Tire & Auto with memorandum in support to appear telephonically at preliminary Pretrial Conference referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 12/05/2002)

Dec. 4, 2002
17

ORDER granting [16-1] agreed motion for parties to appear telephonically at preliminary Pretrial Conference. Counsel for Morgan Tire Company shall initiate the conference call. ( Signed by Magistrate Gary R. Jones ) ctc (lmf) (Entered: 12/05/2002)

Dec. 4, 2002
18

MOTION by Morgan Tire & Auto to extend time for 5 days to answer or otherwise plead referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 12/05/2002)

Dec. 5, 2002
19

ORDER granting [18-1] motion to extend time for 5 days to answer or otherwise plead. Reset answer due for 12/9/02 for Morgan Tire & Auto ( Signed by Magistrate Judge Gary Jones ) ctc (lmf) (Entered: 12/06/2002)

Dec. 6, 2002
20

PRELIMINARY PRETRIAL CONFERENCE held on 12/10/02 before Magistrate Judge Gary R. Jones. Case Management and Scheduling Order to Enter. Tape/Que#: 02-37/2011-2786 (lmf) (Entered: 12/11/2002)

Dec. 10, 2002
21

ORDER setting the following deadlines; Expert Disclosure by Plaintiff at 5/23/03; Expert Disclosure by Defendant at 6/27/03; Deadline to complete mediation at 4/30/03; Discovery Deadline at 8/22/03; Dispositive Motion Deadline at 9/30/02 and Final Pre-Trial Conference at 1/21/04 and Trial Term Commencing to 2/2/04. The Clerk is directed to issue a case management and scheduling order reflecting the foregoing deadlines. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 12/11/2002)

Dec. 10, 2002
22

ANSWER and Affirmative Defenses to [12-1] intervenor complaint by Morgan Tire & Auto (lmf) (Entered: 12/12/2002)

Dec. 11, 2002
24

REPLY to affirmative defenses by John Floridia and Annette Floridia (lmf) (Entered: 12/13/2002)

Dec. 13, 2002
25

RESPONSE by John Floridia and Annette Floridia to [23-1] motion to dismiss Counts III and V of the Complaint (lmf) (Entered: 12/19/2002)

Dec. 18, 2002
26

CASE MANAGEMENT AND SCHEDULING ORDER setting Discovery cutoff 8/22/03 ; dispositive motion filing deadline for 9/30/03; Pretrial conference for 9:00 1/21/04 ; Jury trial set for weeks of 2/2, 2/9, and 2/16/04 ; Scheduled for Sr. Judge Wm. T. Hodges ( signed by Deputy Clerk ) ctc (mam) (Entered: 12/27/2002)

Dec. 27, 2002
27

ORDER denying in all respects [23-1] motion to dismiss Counts III and V of the Complaint of John and Annette Floridia ( Signed by Sr. Judge Wm. T. Hodges ) ctc (lmf) (Entered: 06/02/2003)

June 2, 2003
28

ANSWER and Affirmative Defenses to [12-1] intervenor complaint by Morgan Tire & Auto (lmf) (Entered: 06/17/2003)

June 17, 2003
29

NOTICE of filing consent decree for court approval by EEOC and Morgan Tire & Auto (proposed consent decree attached) (lmf) (Entered: 08/22/2003)

Aug. 21, 2003
30

CONSENT DECREE by EEOC and Morgan Tire & Auto. ( Signed by Sr. Judge Wm. T. Hodges on 8/27/03) (lmf) (Entered: 08/28/2003)

Aug. 27, 2003
31

JOINT STIPULATION of dismissal by John Floridia, Annette Floridia and Morgan Tire & Auto (lmf) (Entered: 09/11/2003)

Sept. 11, 2003
32

ORDER dismissing action with prejudice , each party to bear their own costs. The clerk is directed to enter judgment accordingly, terminate any pending motions and close the file. ( Signed by Sr. Judge Wm. T. Hodges on 9/12/03 ) ctc (lmf) Modified on 09/16/2003 (Entered: 09/16/2003)

Sept. 15, 2003
33

JUDGMENT entered. Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (lmf) (Entered: 09/16/2003)

Sept. 16, 2003

CASE CLOSED. (lmf) (Entered: 09/16/2003)

Sept. 16, 2003

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 14, 2002

Closing Date: Sept. 16, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Morgtan Tires & Auto, Inc. (Ocala, FL), Private Entity/Person

Case Details

Causes of Action:

State law

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: 7500

Order Duration: 2003 - 2006

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit