Case: EEOC v. Adelphia Cable Partners, L.P. D/B/A Adelphia Cable Comm.

1:01-cv-00583 | U.S. District Court for the Southern District of Florida

Filed Date: Feb. 14, 2001

Closed Date: 2002

Clearinghouse coding complete

Case Summary

The Miami district office of the EEOC brought this suit against Adelphia Cable, a national cable TV company, in February 2001, in the U.S. District Court for the Southern District of Florida. The complaint alleged that an Adelphia manager subjected black employees to a hostile environment, in violation of Title VII of the Civil Rights Act of 1964. Specifically, he verbally abused black employees, placed a noose in his office and put it in view of black employees and their children on "bring y…

The Miami district office of the EEOC brought this suit against Adelphia Cable, a national cable TV company, in February 2001, in the U.S. District Court for the Southern District of Florida. The complaint alleged that an Adelphia manager subjected black employees to a hostile environment, in violation of Title VII of the Civil Rights Act of 1964. Specifically, he verbally abused black employees, placed a noose in his office and put it in view of black employees and their children on "bring your child to work day." The complainant, a forty-year-old black male, intervened in April 2001, adding causes of action under 42 U.S.C. ß 1981, the Florida Civil Rights Act, and state tort law. After some discovery the parties did a formal mediation and settled the case in May 2002, by entry of a consent decree.

The decree included non-discrimination and non-retaliation clauses, required development of a written Title VII policy, and provided for training by a firm or organization approved by the EEOC (which also was authorized to attend the training). It also required Adelphia to designate an ombudsperson who would receive complaints of discrimination. Adelphia was required to retain records relating to discrimination complaints or allegations, and to report complaints to the EEOC, periodically. The injunctive parts of the decree had a four year term. If the EEOC found non-compliance, the decree required 10 days notice to Adelphia and then mediation, prior to application to the Court for enforcement. In addition, Adelphia agreed to pay $1,050,000 in compensatory damages, distributed to six individual employees.

Summary Authors

Kevin Wilemon (6/1/2007)

Documents in the Clearinghouse

Document

1:01-cv-00583

Docket (PACER)

March 8, 2007

March 8, 2007

Docket
1

1:01-cv-00583

Complaint

Feb. 14, 2001

Feb. 14, 2001

Complaint
13

1:01-cv-00583

Complaint (in intervention)

June 27, 2001

June 27, 2001

Complaint
53

1:01-cv-00583

Order Requiring Stipulation of Dismissal or Consent Decree

May 6, 2002

May 6, 2002

Order/Opinion
54

1:01-cv-00583

Consent Decree

May 8, 2002

May 8, 2002

Settlement Agreement

Office of General Counsel Annual Report Fiscal Year 2002

No Court

Oct. 1, 2002

Oct. 1, 2002

Press Release

Resources

Docket

Last updated July 23, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE WAIVED; A-7 TEB (Former Deputy Clerk) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

Magistrate identification: Magistrate Judge Ted E. Bandstra (Former Deputy Clerk) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

2

SUMMONS(ES) issued for Adelphia Cable (Former Deputy Clerk) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

3

NOTICE of filing executed Waiver of Service of Summons by U.S. - EEOC (Former Deputy Clerk) (Entered: 04/16/2001)

April 13, 2001

April 13, 2001

4

Waiver of service executed by U.S. - EEOC 3/5/01 Answer due by 5/4/01 for Adelphia Cable (Former Deputy Clerk) (Entered: 04/16/2001)

April 13, 2001

April 13, 2001

5

ANSWER to Complaint by Adelphia Cable (Attorney Robert Thomas Wright Jr.); jury demand (Former Deputy Clerk) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

PHV Fee Paid; FEE $ 75.00 RECEIPT # 842389 (Former Deputy Clerk) (Entered: 05/24/2001)

May 23, 2001

May 23, 2001

7

MOTION by Adelphia Cable for Douglas W. Hall to appear pro hac vice (Former Deputy Clerk) (Entered: 05/24/2001)

May 23, 2001

May 23, 2001

PHV Fee Paid; FEE $ 75.00 RECEIPT # 842389 (Former Deputy Clerk) (Entered: 05/24/2001)

May 23, 2001

May 23, 2001

8

ORDER granting [7-1] motion for Douglas W. Hall to appear pro hac vice, granting [6-1] motion for Karen Turner McWilliams to appear pro hac vice set Scheduling meeting report due for 6/6/01 ( Signed by Judge Adalberto Jordan on 5/25/01) CCAP [EOD Date: 5/30/01] (Former Deputy Clerk) (Entered: 05/30/2001)

May 29, 2001

May 29, 2001

9

MOTION with memorandum in support to intervene by Glenford S. James (Former Deputy Clerk) (Entered: 06/07/2001)

June 6, 2001

June 6, 2001

10

JOINT Scheduling Report of Scheduling Meeting by U.S. - EEOC, Adelphia Cable 6/6/01 (Former Deputy Clerk) (Entered: 06/07/2001)

June 6, 2001

June 6, 2001

11

ORDER SETTING SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: set Jury trial for 6/3/02 before Judge Adalberto Jordan , set calendar call for 9:00 5/28/02 before Adalberto Jordan , setting discovery deadline for 2/28/02 , set motion filing deadline for 3/29/02 , set pretrial stipulation due for 4/10/02 ( Signed by Judge Adalberto Jordan on 6/7/01) CCAP [EOD Date: 6/11/01] (Former Deputy Clerk) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

11

ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Adalberto Jordan on 6/7/01) CCAP [EOD Date: 6/11/01] (Former Deputy Clerk) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

11

ORDER REFERRING CASE (PRE-TRIAL) AND DISCOVERY MOTIONS to Magistrate Judge Ted E. Bandstra ( Signed by Judge Adalberto Jordan on 6/7/01) CCAP [EOD Date: 6/11/01] (Former Deputy Clerk) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

12

ORDER granting [9-1] motion to intervene by Glenford S. James; defendant shall respond to Mr. James' complaint by 7/24/01 ( Signed by Judge Adalberto Jordan on 6/26/01) [EOD Date: 6/27/01] (Former Deputy Clerk) (Entered: 06/27/2001)

June 26, 2001

June 26, 2001

13

Intervenor's COMPLAINT by Glenford S. James against Adelphia Cable (Former Deputy Clerk) (Entered: 06/27/2001)

June 26, 2001

June 26, 2001

14

NOTICE of selection of Karen Evans as Mediator by U.S. - EEOC, Adelphia Cable, Glenford S. James (Former Deputy Clerk) (Entered: 07/20/2001)

July 19, 2001

July 19, 2001

15

ANSWER by Adelphia Cable to [13-1] intervenor complaint (Former Deputy Clerk) (Entered: 07/25/2001)

July 24, 2001

July 24, 2001

16

Initial Disclosures by Glenford S. James (Former Deputy Clerk) (Entered: 10/18/2001)

Oct. 17, 2001

Oct. 17, 2001

18

ORDER denying without prejudice [17-1] motion to extend time to respond to defendant's Request for Production of Documents to Intervenor and Defendant's First Set of Interrogatories to Intervenor ( Signed by Judge Adalberto Jordan on 10/26/01) [EOD Date: 10/29/01] (wc, Deputy Clerk) (Entered: 10/29/2001)

Oct. 26, 2001

Oct. 26, 2001

19

MOTION by Glenford S. James to extend time to designate an expert witness and to disclose the expert report (gz, Deputy Clerk) (Entered: 12/17/2001)

Dec. 14, 2001

Dec. 14, 2001

20

ORDER granting [19-1] motion to extend time to designate an expert witness and to disclose the expert report reset Jury trial for 8/12/02 before Judge Adalberto Jordan , reset calendar call for 9:00 8/6/02 before Judge Adalberto Jordan , reset discovery deadline for 4/15/02 , reset pretrial motion filing deadline for 5/13/02 , reset pretrial stipulation due for 6/13/02 ( Signed by Judge Adalberto Jordan on 12/17/01) [EOD Date: 12/19/01] (wc, Deputy Clerk) (Entered: 12/19/2001)

Dec. 18, 2001

Dec. 18, 2001

21

Unopposed MOTION by Glenford S. James to extend time to designate expert witness and to disclose the expert report (gz, Deputy Clerk) (Entered: 02/19/2002)

Feb. 15, 2002

Feb. 15, 2002

22

NOTICE of filing by Glenford S. James deposition of Maria Gonzalez, in support of unopposed motion for additional enlargement of time to designate expert witness and to disclose expert report (gz, Deputy Clerk) (Entered: 02/19/2002)

Feb. 15, 2002

Feb. 15, 2002

23

DEPOSITION transcript of Maria Gonzalez (gz, Deputy Clerk) (Entered: 02/19/2002)

Feb. 15, 2002

Feb. 15, 2002

24

ORDER granting [21-1] motion to extend time to designate expert witness and to disclose the expert report resetting discovery deadline for 5/11/02 , reset pretrial motion filing deadline for 6/3/02 , reset pretrial stipulation due for 7/1/02 ( Signed by Judge Adalberto Jordan on 2/21/02) [EOD Date: 2/25/02] (gz, Deputy Clerk) (Entered: 02/25/2002)

Feb. 22, 2002

Feb. 22, 2002

25

NOTICE of attorney appearance for Adelphia Cable by Robert Thomas Wright Jr. (gz, Deputy Clerk) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

26

MOTION with memorandum of law by Glenford S. James for leave to amend complaint (original amended complaint attached) (gz, Deputy Clerk) (Entered: 03/04/2002)

March 1, 2002

March 1, 2002

27

NOTICE by Adelphia Cable to take deposition of Glenford James 3/25/02 at 10:00am (wc, Deputy Clerk) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

28

NOTICE of Filing Faxback Program Information re: Change of Address of attorney by Adelphia Cable as to Robert T. Wright(wc, Deputy Clerk) Modified on 03/15/2002 (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

29

NOTICE of Filing Faxback Program Information re: Change of Address of attorney by Adelphia Cable as to Karen McWilliams (wc, Deputy Clerk) (Entered: 03/15/2002)

March 14, 2002

March 14, 2002

31

MEMORANDUM of law by Adelphia Cable in support of [30-1] motion to extend deposition of intervenor, [30-2] motion to compel James to more fully repond to defendant's interrogatories (gz, Deputy Clerk) (Entered: 03/29/2002)

March 28, 2002

March 28, 2002

32

NOTICE of substitution of counsel by U.S. - EEOC (gz, Deputy Clerk) (Entered: 04/01/2002)

March 29, 2002

March 29, 2002

33

NOTICE by Adelphia Cable to take deposition of Russell Hanley 4/23/02 at 10:00 (ra, Deputy Clerk) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

34

NOTICE by Adelphia Cable to take deposition of Glenford James 5/1/02 and 5/2/02 at 10:00 (ra, Deputy Clerk) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

35

NOTICE by Adelphia Cable to take deposition of Gino Vitello 5/7/02 at 2:30 (ra, Deputy Clerk) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

36

NOTICE by Adelphia Cable to take deposition of Harry R. Aldrich 5/7/02 at 10:00 (ra, Deputy Clerk) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

37

NOTICE by Adelphia Cable to take deposition of Dorothy Passmore 5/10/02 at 9:00 (ra, Deputy Clerk) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

38

NOTICE by Adelphia Cable to take deposition of Grayce Melvin 5/10/02 at 1:00 (ra, Deputy Clerk) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

39

ORDER reassigning case to Magistrate Judge Brown ( Signed by Judge Adalberto Jordan on 4/2/02) [EOD Date: 4/3/02] (gz, Deputy Clerk) (Entered: 04/03/2002)

April 2, 2002

April 2, 2002

Magistrate identification: Magistrate Judge Stephen T. Brown (gz, Deputy Clerk) (Entered: 04/03/2002)

April 2, 2002

April 2, 2002

40

NOTICE of Mediation Hearing on 4/29/02 Donald J. Spero added as mediator (gz, Deputy Clerk) (Entered: 04/05/2002)

April 4, 2002

April 4, 2002

41

Consent MOTION by Adelphia Cable to extend time to designate rebuttal expert witness and to provide rebuttal expert report (gz, Deputy Clerk) (Entered: 04/05/2002)

April 4, 2002

April 4, 2002

42

ORDER granting [41-1] motion to extend time to designate rebuttal expert witness and to provide rebuttal expert report until 5/13/02 (Signed by Judge Adalberto Jordan on 4/5/02) [EOD Date: 4/9/02] (gz, Deputy Clerk) (Entered: 04/09/2002)

April 8, 2002

April 8, 2002

45

AMENDED COMPLAINT by Glenford S. James , (Answer due 4/29/02 for Adelphia Cable ) amending [13-1] intervenor complaint (gz, Deputy Clerk) (Entered: 04/23/2002)

April 19, 2002

April 19, 2002

43

ORDER Regarding Discovery Motions, no party shall file a discovery motion without first contacting opposing counsel and chambers to schedule a telephonic hearing. ( Signed by Judge Adalberto Jordan on 4/19/02) [EOD Date: 4/23/02] (gz, Deputy Clerk) (Entered: 04/23/2002)

April 22, 2002

April 22, 2002

46

ANSWER by Adelphia Cable to intervenor's [45-1] first amended complaint (gz, Deputy Clerk) (Entered: 04/29/2002)

April 26, 2002

April 26, 2002

47

MOTION by Adelphia Cable to dismiss Counts IV, V and VI of intervenor's first amended complaint and intervenor's allegations of national origin discrimination (gz, Deputy Clerk) (Entered: 04/29/2002)

April 26, 2002

April 26, 2002

48

MEMORANDUM of law by Adelphia Cable in support of [47-1] motion to dismiss Counts IV, V and VI of intervenor's first amended complaint and intervenor's allegations of national origin discrimination (gz, Deputy Clerk) (Entered: 04/29/2002)

April 26, 2002

April 26, 2002

49

ORDER granting [30-1] motion to extend deposition of intervenor (Signed by Magistrate Stephen T. Brown on 4/30/02) [EOD Date: 5/2/02] (gz, Deputy Clerk) (Entered: 05/02/2002)

May 1, 2002

May 1, 2002

50

FINAL report of Mediator. Disposition: AGREEMENT reached (gz, Deputy Clerk) (Entered: 05/02/2002)

May 1, 2002

May 1, 2002

51

NOTICE of filing proposed consent decree by U.S. - EEOC (gz, Deputy Clerk) (Entered: 05/06/2002)

May 3, 2002

May 3, 2002

52

Consent Decree by U.S. - EEOC, Adelphia Cable (gz, Deputy Clerk) (Entered: 05/06/2002)

May 3, 2002

May 3, 2002

53

ORDER Requiring Stipulation of Dismissal with prejudice no later than 5/30/02 (Signed by Judge Adalberto Jordan on 5/2/02) [EOD Date: 5/6/02] (gz, Deputy Clerk) (Entered: 05/06/2002)

May 3, 2002

May 3, 2002

54

ORDER/CONSENT DECREE. Each party to bear its own costs and attorney's fees. Case is CLOSED (Signed by Judge Adalberto Jordan on 5/7/02) [EOD Date: 5/8/02] (gz, Deputy Clerk) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

CASE CLOSED. Case and Motions no longer referred to Magistrate. (gz, Deputy Clerk) (Entered: 05/08/2002)

May 7, 2002

May 7, 2002

55

MOTION by Glenford S. James for Writ of Garnishment against Community Bank of Florida (gz, Deputy Clerk) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

56

WRIT of Garnishment issued as to Community Bank in the amount of $ 550,000 (gz, Deputy Clerk) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

Filing Fee Paid; FILING FEE $ 100.00 RECEIPT # 865199 (for writ of garnishment - DE56) (gz, Deputy Clerk) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

57

MOTION by Glenford S. James for Writ of Garnishment against Bank of America (gz, Deputy Clerk) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

58

WRIT of Garnishment issued as to Bank of America in the amount of $ 550,000.00 (gz, Deputy Clerk) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

59

ANSWER by Community Bank of Fl to writ of garnishment (gz, Deputy Clerk) (Entered: 06/17/2002)

June 14, 2002

June 14, 2002

60

AMENDMENT TO ANSWER by Bank of America, NA to [58-1] writ of garnishment Objections to Answer to Writ due by 7/10/02 (ra, Deputy Clerk) (Entered: 06/18/2002)

June 17, 2002

June 17, 2002

61

ANSWER by Bank of America, NA to [58-1] writ of garnishment Objections to Answer to Writ due by 7/10/02 (ra, Deputy Clerk) (Entered: 06/18/2002)

June 17, 2002

June 17, 2002

62

Notice of compliance: by Glenford S. James with writ of garnishment on Bank of America (gz, Deputy Clerk) (Entered: 06/19/2002)

June 18, 2002

June 18, 2002

63

NOTICE of writ of garnishment on Bank of America in compliance with Florida Statutes (yy.055 and 77.06(2)) and certificate of service by Glenford S. James (gz, Deputy Clerk) (Entered: 06/19/2002)

June 18, 2002

June 18, 2002

64

Notice of compliance: by Glenford S. James with writ of garnishment on Community Bank (gz, Deputy Clerk) (Entered: 06/19/2002)

June 18, 2002

June 18, 2002

65

NOTICE of writ of garnishment on Community Bank in compliance with Florida Statutes (77.055 and 77.06(2)) and certificate of service by Glenford S. James (gz, Deputy Clerk) (Entered: 06/19/2002)

June 18, 2002

June 18, 2002

66

Unopposed MOTION by Glenford S. James for partial dissolution of writ of garnishment on Bank of America (gz, Deputy Clerk) (Entered: 06/21/2002)

June 20, 2002

June 20, 2002

67

Unopposed MOTION by Glenford S. James for partial dissolution of writ of garnishment on Community Bank (gz, Deputy Clerk) (Entered: 06/21/2002)

June 20, 2002

June 20, 2002

68

ORDER granting [66-1] motion for partial dissolution of writ of garnishment on Bank of America; shall release the following$71,645.68 from checking account 000045319506; and $11,251.12 from checking account 000045319571 ( Signed by Judge Adalberto Jordan on 6/24/02) [EOD Date: 6/26/02] (gz, Deputy Clerk) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

69

ORDER granting [67-1] motion for partial dissolution of writ of garnishment on Community Bank; shall release the following $22,001.11 in the account of Adelphia Cable Partners; and $5,102.09 in the account of Adelphia Cable Partners (Signed by Judge Adalberto Jordan on 6/24/02) [EOD Date: 6/26/02] (gz, Deputy Clerk) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

70

Second Unopposed MOTION by Glenford S. James for partial dissolution of writ of garnishment as to Bank of America (gz, Deputy Clerk) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

71

Second Unopposed MOTION by Glenford S. James for partial dissolution of writ of garnishment as to Community Bank (gz, Deputy Clerk) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

72

ORDER granting [71-1] motion for partial dissolution of writ of garnishment as to Community Bank for the amount of $34,931.87 in the account of Adelphia Cable Partners ( Signed by Judge Adalberto Jordan on 6/27/02) [EOD Date: 7/1/02] (gz, Deputy Clerk) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

74

MOTION/Demand by Community Bank of Fl for statutory fee (gz, Deputy Clerk) (Entered: 07/09/2002)

July 8, 2002

July 8, 2002

75

ORDER denying as moot [74-1] motion for statutory fee ( Signed by Judge Adalberto Jordan on 7/9/02) [EOD Date: 7/11/02] (gz, Deputy Clerk) (Entered: 07/11/2002)

July 10, 2002

July 10, 2002

76

NOTICE by Glenford S. James, Glenford S. James of Voluntary Dismissal of Writ of Garnishment (McKay, Christopher) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 14, 2001

Closing Date: 2002

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

Adelphia Cable Partners, L.P. (Miami), 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: 1050000

Order Duration: 2002 - 2006

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Develop anti-discrimination policy

Provide antidiscrimination training

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit