Case: EEOC v. Gargiulo, Inc.

2:05-cv-00460 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 29, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The Tampa and Miami Offices of the EEOC filed this action in the District Court for the Middle District of Florida. The Defendant was Gargiulo, Inc., a produce supplier. The controversy involved the alleged sexual harassment of eight different complainants, five of which intervened in the suit. The company was also accused of retaliation after the complainants rejected sexual requests and complained to superiors. The lawsuit was filed in September of 2005 and was eventually resolved by conse…

The Tampa and Miami Offices of the EEOC filed this action in the District Court for the Middle District of Florida. The Defendant was Gargiulo, Inc., a produce supplier. The controversy involved the alleged sexual harassment of eight different complainants, five of which intervened in the suit. The company was also accused of retaliation after the complainants rejected sexual requests and complained to superiors. The lawsuit was filed in September of 2005 and was eventually resolved by consent decree in January of 2007. The litigation drew interest in the legal community as the Southern Poverty Law Center, the ACLU, and Florida Legal Services participated in addition to the usual pairing of the EEOC and private counsel. The Defendants were partially successful on a motion to dismiss. The case settled soon after the parties entered into voluntary mediation. The complainants were awarded a total of $180,000, and the Southern Poverty Law Center received $35,000 in attorney fees. In addition, the company was required to post and distribute a Notice of rights, develop an anti-discrimination policy, provide EEO training, and provide a Creole and Spanish language interpreter for employee complainants. The decree was to last for three years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Tony Verticchio (6/30/2007)

Documents in the Clearinghouse

Document

2:05-cv-00460

Docket

Jan. 23, 2007

Jan. 23, 2007

Docket
1

2:05-cv-00460

Complaint

Sept. 29, 2005

Sept. 29, 2005

Complaint
2

2:05-cv-00460

Related Case Order and Two Track Notice

Oct. 4, 2005

Oct. 4, 2005

Order/Opinion
22

2:05-cv-00460

Complaint in Intervention

Jan. 11, 2006

Jan. 11, 2006

Complaint
24

2:05-cv-00460

Amended Complaint in Intervention

Jan. 23, 2006

Jan. 23, 2006

Complaint
25

2:05-cv-00460

Order terminating Defendant's Motion to Dismiss

EEOC v. Gargiulo Inc.

Jan. 24, 2006

Jan. 24, 2006

Order/Opinion
40

2:05-cv-00460

Opinion and Order

2006 WL 752825

March 22, 2006

March 22, 2006

Order/Opinion
47

2:05-cv-00460

Amended Complaint

April 24, 2006

April 24, 2006

Complaint
59

2:05-cv-00460

Order [RE: Plaintiffs Joint Motion to Quash]

Oct. 17, 2006

Oct. 17, 2006

Order/Opinion
70

2:05-cv-00460

Consent Decree

Jan. 22, 2007

Jan. 22, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4686248/equal-employment-opportunity-commission-v-gargiulo-inc/

Last updated Aug. 1, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Gargiulo, Inc. ; jury demand ; injunctive relief sought, filed by Equal Employment Opportunity Commission.(slu) (Entered: 10/03/2005)

Sept. 29, 2005

Sept. 29, 2005

Summons issued as to Gargiulo, Inc.. (slu) (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

2

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/17/2005.Signed by Judge Sheri Polster Chappell on 10/4/2005. (LAG, ) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

3

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/17/2005.Signed by Judge John E. Steele on 10/4/2005. (LAG, ) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

4

NOTICE of pendency of other actions re 2 order of compliance to Local Rule by Equal Employment Opportunity Commission Related case(s): no (Lewis, Muslima) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

5

CERTIFICATE of interested persons and corporate disclosure statement re 3 Interested persons order by Equal Employment Opportunity Commission. (Lewis, Muslima) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

6

NOTICE of unavailability of counsel byGargiulo, Inc. from December 19, 2005 to December 28, 2005. (Hultman, Lorraine) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

9

RETURN of service executed on 11/3/05 by Equal Employment Opportunity Commission as to Gargiulo, Inc. (kma) (Entered: 11/25/2005)

Nov. 21, 2005

Nov. 21, 2005

7

Unopposed MOTION for Extension of Time to File Response/Reply by Gargiulo, Inc.. (Hultman, Lorraine) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

8

ORDER granting 7 the Defendant's Unopposed Motion to Enlarge Time. The Defendants shall have up to and including DECEMBER 2, 2005 to answer or otherwise plead to the Plaintiff's Complaint. Signed by Judge Sheri Polster Chappell on 11/25/2005. (lmh, ) (Entered: 11/25/2005)

Nov. 25, 2005

Nov. 25, 2005

10

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 12/6/2005.Signed by Judge John E. Steele on 11/25/2005. (LAG, ) (Entered: 11/25/2005)

Nov. 25, 2005

Nov. 25, 2005

11

MOTION to dismiss Plaintiff's Complaint and Supporting Memorandum of Law by Gargiulo, Inc.. (Hultman, Lorraine) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

12

Unopposed MOTION to intervene and Incorporated Memorandum of Law by Viergela Jean-Francois, Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire. (Attachments: # 1 Exhibit Complaint in Intervention)(Ramirez, Monica) (Entered: 12/03/2005)

Dec. 3, 2005

Dec. 3, 2005

13

NOTICE by Viergela Jean-Francois, Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire to Amend Certificate of Service (Ramirez, Monica) (Entered: 12/03/2005)

Dec. 3, 2005

Dec. 3, 2005

14

NOTICE of pendency of other actions re order of compliance to Local Rule by Gargiulo, Inc. Related case(s): no (Hultman, Lorraine) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

15

CERTIFICATE of interested persons and corporate disclosure statement by Gargiulo, Inc.. (Hultman, Lorraine) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

16

ORDER granting 12 the Intervenors Viergela Jean-Francois, Changolia Julien, Carmelia Pierre, Loundy Saint-Hilaire, and Solange Marcelin's Unopposed Motion to Intervene. The Clerk is directed to enter Viergela Jean-Francois, Changolia Julien, Carmelia Pierre, Loundy Saint-Hilaire, and Solange Marcelin as party Plaintiffs to the instant action and have the case caption revised to reflect their new status in this case. Signed by Judge Sheri Polster Chappell on 12/8/2005. (lmh, ) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

17

MEMORANDUM in opposition re 11 Motion to dismiss filed by Equal Employment Opportunity Commission. (Lewis, Muslima) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

18

CERTIFICATE of interested persons and corporate disclosure statement by Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire. (Ramirez, Monica) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

20

MOTION to dismiss Plaintiff's Intervenor's Complaint or For More Definite Statement and Supporting Memorandum of Law by Gargiulo, Inc.. (Hultman, Lorraine) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

21

NOTICE by Viergela Jean-Francois, Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire of Filing Complaint (Ramirez, Monica) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

22

Joint INTERVENOR'S COMPLAINT, filed by Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire.(Ramirez, Monica) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

23

MOTION to dismiss Complaint in Intervention or for More Definite Statement and Supporting Memorandum of Law by Gargiulo, Inc.. (Hultman, Lorraine) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

24

AMENDED COMPLAINT In Intervention For Damages and Injunctive Relief against Gargiulo, Inc., filed by Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire.(Ramirez, Monica) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

25

ORDER terminating as moot 20 defendant's Motion to Dismiss because the motion was prematurely filed; and denying as moot 23 defendant's Motion to Dismiss due to plaintiff intervenors' amended pleading. (See Order for details). Signed by Judge John E. Steele on 1/24/2006. (ATZ) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

26

NOTICE of change of address by Monica Ann Ramirez (Ramirez, Monica) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

27

NOTICE of Appearance by Jason L. Gunter on behalf of Viergela Jean-Francois (Gunter, Jason) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

28

Unopposed MOTION to Appear Telephonically at Case Management Conference by Gargiulo, Inc.. (Hultman, Lorraine) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

29

Unopposed MOTION to Appear Telephonically to Conduct Case Management Conference by all plaintiffs. (Lewis, Muslima) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

30

CERTIFICATE of interested persons and corporate disclosure statement Amended by Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire. (Ramirez, Monica) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

31

CERTIFICATE of interested persons and corporate disclosure statement by Viergela Jean-Francois. (Gunter, Jason) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

32

NOTICE of pendency of other actions re order of compliance to Local Rule by Viergela Jean-Francois Related case(s): No (Gunter, Jason) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

33

Defendant's ANSWER to amended complaint in Intervention for Damages and Injunctive Relief by Gargiulo, Inc..(Hultman, Lorraine) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

35

CASE MANAGEMENT REPORT. (Ramirez, Monica) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

36

CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Sheri Polster Chappell on 2/22/2006. (LAG, ) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

37

NOTICE by Equal Employment Opportunity Commission of Selection of a Mediator (Brown, Jennifer) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

38

APPEARANCE of non-resident counsel and designation of local counsel by Gregory Scott Schell on behalf of Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire. Local Counsel: Gregory S. Schell. Non-Resident Counsel: Rhonda Brownstein. (Schell, Gregory) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

39

ORDER granting the Appearance of Non-Resident Attorney 38. Rhonda Brownstein, Esq., of the Southern Poverty Law Center, 400 Washington Avenue, Montgomery, AL 36104, shall be admitted pro hac vice on behalf of the Plaintiffs-Intervenors Julien, Marcelin, Pierre and Saine-Hilaire. Signed by Judge Sheri Polster Chappell on 3/14/2006. (lmh, ) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

41

MOTION for Extension of Time to File Amended Complaint And Notice Regarding Court's Opinion and Order by Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 03/29/2006)

March 29, 2006

March 29, 2006

42

ORDER granting 41 the Plaintiff EEOC's Motion for a Three (3) Week Extension of Time Until April 24, 2006 Within Which to File Its Amended Complaint and Notice Regarding Court's Opinion and Order. Signed by Judge Sheri Polster Chappell on 3/30/2006. (lmh, ) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

43

RESPONSE in opposition re 41 MOTION for Extension of Time to File Amended Complaint And Notice Regarding Court's Opinion and Order and Request that Court Amend Its Order Granting Plaintiff's Motion filed by Gargiulo, Inc.. (Hultman, Lorraine) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

44

NOTICE by Equal Employment Opportunity Commission of Substitution of Counsel (Von Greiff, Carla) (Entered: 04/03/2006)

April 3, 2006

April 3, 2006

45

CERTIFICATE of interested persons and corporate disclosure statement Amended by Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire. (Ramirez, Monica) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

46

NOTICE of unavailability of counsel byGargiulo, Inc. from June 13, 2006 to June 22, 2006. (Hultman, Lorraine) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

48

MOTION for clarification and/or Reconsideration Regarding Certain Portions of the Court's March 22, 2006 Opinion and Order by Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

49

ANSWER to amended complaint of Plaintiff EEOC by Gargiulo, Inc..(Hultman, Lorraine) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

50

ORDER directing defendant to file a response to 48 Plaintiff's Motion for Clarification and/or Reconsideration within TEN (10) DAYS of this Order. If no response is received, the Court will rule on the pending motion without the benefit of a response and without further notice. (See Order for details). Signed by Judge John E. Steele on 6/12/2006. (ATZ) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

51

RESPONSE to motion re 48 MOTION for clarification and/or Reconsideration Regarding Certain Portions of the Court's March 22, 2006 Opinion and Order filed by Gargiulo, Inc.. (Hultman, Lorraine) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

52

APPEARANCE of non-resident counsel and designation of local counsel by Monica Ann Ramirez on behalf of Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire. Local Counsel: Gregory S. Schell. Non-Resident Counsel: Mary Catherine Bauer. (Ramirez, Monica) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

53

ORDER granting the Motion to Appear Pro Hac Vice. See Order for Details. Signed by Judge Sheri Polster Chappell on 6/22/2006. (lmh, ) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

54

NOTICE of Appearance by Monica Ann Ramirez on behalf of Viergela Jean-Francois (Ramirez, Monica) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

55

CERTIFICATE of interested persons and corporate disclosure statement re 45 Certificate of interested persons and corporate disclosure statement Amended by Viergela Jean-Francois, Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire. (Ramirez, Monica) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

56

NOTICE of Appearance by Monica Ann Ramirez on behalf of Viergela Jean-Francois, Changolia Julien, Solange Marcelin, Carmelia Pierre, Loundy Saint-Hilaire (Ramirez, Monica) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

57

ORDER denying 48 Plaintiff EEOC's Motion for Clarification and/or Reconsideration Regarding Certain Portions of the Court's March 22, 2006 Opinion and Order Granting and Denying in Part Defendant's Motion to Dismiss EEOC's Complaint. See Order for details. Signed by Judge John E. Steele on 8/3/2006. (ATZ) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

58

Joint MOTION to quash Or Modify Subpoenas Duces Tecum by Plaintiff Intervenors And by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6, R.T. Tampa Franchise Order# 7 Exhibit 7, Dept. of Transportation Order# 8 Exhibit 8, SCI Funeral Services Order# 9 Exhibit 9, American Express Order# 10 Exhibit 10, City Of Waldo Order)(Von Greiff, Carla) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

60

NOTICE of unavailability of counsel byEqual Employment Opportunity Commission from December 18, 2006 to January 2, 2007. (Von Greiff, Carla) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

61

NOTICE of unavailability of counsel byGargiulo, Inc. from 12/20/2006 to 01/05/2007. (Hultman, Lorraine) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

62

NOTICE by Equal Employment Opportunity Commission of Scheduling Mediation (Von Greiff, Carla) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

63

NOTICE by Equal Employment Opportunity Commission Regarding Change of Date and Location of Mediation (Von Greiff, Carla) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

64

Joint MOTION to extend time to Designate Expert Witnesses And Exchange Expert Witness Reports by Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

65

ORDER granting 64 the Joint Motion to Extend Time to Designate Expert Witnesses and Exchange Expert Witness Reports. The parties shall have up to and including FEBRUARY 8, 2007 to disclose their expert reports. Signed by Judge Sheri Polster Chappell on 12/12/2006. (lmh, ) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

66

NOTICE of Mediation by James B. Chaplin. (js) (Entered: 12/15/2006)

Dec. 14, 2006

Dec. 14, 2006

67

NOTICE of mediation by James B. Chaplin. (js) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

68

Joint MOTION Approval of Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree)(Von Greiff, Carla) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

69

ORDER ADOPTING CONSENT DECREE granting 68 Motion for approval of consent decree. The Clerk shall enter judgment adopting the Consent Decree (to be entered contemporaneously with the entry of this Order) with the Court retaining jurisdiction over its enforcement and by attaching a copy of the Consent Decree to said judgment. The Clerk is further directed to close the case and terminate all deadlines as moot. Signed by Judge John E. Steele on 1/22/2007. (RKM) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

70

CONSENT DECREE Signed by Judge John E. Steele. (Attachments: #(1) Exhibit A; #(2) Exhibit B)(RKM) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

71

JUDGMENT (Signed by Deputy Clerk) (js) (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

40

OPINION AND ORDER granting in part and denying in part 11 Motion to dismiss. The Court dismisses the Complaint without prejudice and plaintiff may amend its Complaint within 11 days of this Opinion and Order. Signed by Judge John E. Steele on 3/22/2006. (RKM)

March 22, 2006

March 22, 2006

RECAP

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: Sept. 29, 2005

Closing Date: 2010

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

Gargiulo, Inc. (Immokalee, Florida), Private Entity/Person

Case Details

Causes of Action:

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: 215000

Order Duration: 2007 - 2010

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Hiring

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit