Case: Forrey v Federated Financial Services

0:01-cv-07089 | U.S. District Court for the Southern District of Florida

Filed Date: June 27, 2001

Closed Date: Jan. 11, 2012

Clearinghouse coding complete

Case Summary

In June 2001, the Miami District Office of the EEOC represented an employee in this suit in U.S. District Court, Southern District of Florida, against Federated Financial Services alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act and state law. According to the complaint, female employees of the defendant were subjected to crude sexual remarks, and some of them were terminated when they complained. The plaintiff sought a declaratory judgment, compensat…

In June 2001, the Miami District Office of the EEOC represented an employee in this suit in U.S. District Court, Southern District of Florida, against Federated Financial Services alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act and state law. According to the complaint, female employees of the defendant were subjected to crude sexual remarks, and some of them were terminated when they complained. The plaintiff sought a declaratory judgment, compensatory damages, lost wages and backpay, punitive damages, and attorneys' fees. The case was assigned to judge Wilkie D. Ferguson. The employees intervened as plaintiffs, and the case was also consolidated as the lead case with EEOC v. Federated Financial, 0:01-cv-07542 (S.D. Fla. Sept. 28, 2001).

The defendant moved for summary judgment as to all of the plaintiffs on August 16, 2001. On March 2, 2002, the motion was denied. On January 3, 2003, the defendant refiled for summary judgment as to the plaintiff's Title VII claims. The EEOC cross-filed for summary judgment on January 27. Meanwhile, the parties unsuccessfully attended mediation proceedings and the case was reassigned to Judge Joan A. Lenard. On November 6, 2003, the court granted summary judgment in part for the defendant. The court granted as to the named plaintiff's failure to exhaust administrative remedies because she had filed her suit three days before the expiration of the mandatory 180-day waiting period after filing a charge with the EEOC. However, the court denied the defendant's motion as to the EEOC: the defendant had charged that the EEOC had improperly filed paperwork, but the court held for the EEOC that the agency had properly verified the claimants' documents.

The parties continued to vigorously litigate, and again, on February 4, 2004, the defendant moved to dismiss and for sanctions against the plaintiffs. He claimed that the employees fabricated their allegations of harassment in the workplace. However, after three futile referrals to ADR and a number of contested discovery motions, the parties filed a settlement with the court in July 2004 and the court denied the outstanding motions as moot. On August 5, the court entered a consent decree in which the defendant was ordered to pay a total of $240,000, to implement a new anti-discrimination policy, and to train its employees in antidiscrimination law. The parties agreed that the EEOC would continue to monitor defendant through its reporting. And the court would retain jurisdiction over the decree for three years.

In April 2007, the EEOC alleged that the defendant had not fully complied with the consent decree and moved for the court to enforce the decree. Specifically, the EEOC claimed that the defendant had failed to comply with injunctive relief by not providing adequate documentation of trainings, and that the defendant still owed $100,000 in payments. The defendant subsequently moved to modify the decree, arguing that it made a good faith efforts to comply despite financial difficulties in its business and that the decree should be modified to reflect its financial status. The court extended its jurisdiction by six months until February 29, 2008, in order to resolve the issues.

The court's jurisdiction continued, and on October 6, 2009, Magistrate Judge Torres recommended that the court grant the plaintiff's motion to hold the defendant had violated the decree. On February 25, 2010, the court adopted the magistrate's report and recommendation. The court found that the defendant was clearly in violation of its obligation to pay over $110,000 as ordered by the decree. The issue of enforcing injunctive relief had become moot, however, and so the court opted not to use its equitable authority to hold the defendant in contempt. Rather, the court extended the decree by an additional sixty days. 2010 WL 11590869; 2010 WL 680836.

On June 30, 2010, the parties entered a settlement with the court. The defendant had entered bankruptcy proceedings that year. Instead, the parties settled that the defendant would pay the remainder of the judgment in 18 monthly installments via his creditors. On January 11, 2012, the court entered a satisfaction of judgment that the defendant had completed his payments. The case is now closed.

Summary Authors

Kevin Wilemon (6/12/2008)

Chelsea Rinnig (1/12/2020)

Related Cases

EEOC v. Federated Financial Services, Inc., Southern District of Florida (2001)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5580704/parties/forry-v-federated-financial/


Judge(s)

Ferguson, Wilkie D. Jr. (Florida)

Lenard, Joan A. (Florida)

McAliley, Chris M. (Florida)

Simonton, Andrea Miles (Florida)

Snow, Lurana S. (Florida)

Torres, Edwin G. (Florida)

Attorneys(s) for Plaintiff

Boehringer, Maria Kate (Florida)

Cooper, Cheryl A (Florida)

Curtin, Nora E. (Florida)

Farrell, Michael J. (Florida)

Judge(s)

Ferguson, Wilkie D. Jr. (Florida)

Lenard, Joan A. (Florida)

McAliley, Chris M. (Florida)

Simonton, Andrea Miles (Florida)

Snow, Lurana S. (Florida)

Torres, Edwin G. (Florida)

Attorneys(s) for Plaintiff

Boehringer, Maria Kate (Florida)

Cooper, Cheryl A (Florida)

Curtin, Nora E. (Florida)

Farrell, Michael J. (Florida)

Gillespie, Kenneth Lawrence (Florida)

Golson, Aarin Benatra (Florida)

O'Brien, Michael J. (Florida)

Phillips, John Francis (Florida)

Whitelock, Christopher John (Florida)

Attorneys(s) for Defendant

Dolin, Susan Leslie (Florida)

Gunter, Jason L. (Florida)

Rosenfeldt, Stuart A. (Florida)

Schiller, Lisa Monica (Florida)

Shulby, Todd William (Florida)

Other Attorney(s)

Andre, Tony (Florida)

Glickman, Barry Jay (New York)

Henschel, Andrew Scott (Florida)

Reich, Ivan Jac (Florida)

Ursini, Louis Mario III (Florida)

Expert/Monitor/Master

Haley, James Timothy (Florida)

Documents in the Clearinghouse

Document

0:01-cv-07089

Docket [PACER]

Forry v. Federated Financial

Jan. 11, 2012

Jan. 11, 2012

Docket
1

0:01-cv-07089

Complaint

Beth Forry vs. Federated Financial Services, Inc.

U.S. District Court for the Middle District of Florida

June 27, 2001

June 27, 2001

Complaint
34

0:01-cv-07089

Consolidation Order

Forry v. Federated Financial Services, Inc.

Jan. 23, 2002

Jan. 23, 2002

Order/Opinion
37

0:01-cv-07089

Supplement to Complaint [Beth Forry]

Beth Forry, et. al vs. Federated Financial Services, Inc.

Dec. 12, 2002

Dec. 12, 2002

Complaint
57

0:01-cv-07089

Intervenors' Amended Complaint

EEOC, Taren Busick, Linda Fleek, Sarah Hoffman, and Brandy Wilcox vs. Federated Financial Services, Inc.

March 20, 2003

March 20, 2003

Complaint
66

0:01-cv-07089

Order on Emergency Motion

Beth Forry vs. Federated Financial Services, Inc. EEOC vs. Federated Financial Services, Inc.

May 6, 2003

May 6, 2003

Order/Opinion
84

0:01-cv-07089

Order

Beth Forry and EEOC vs. Federated Financial Services Inc.

2003 WL 23925767

May 23, 2003

May 23, 2003

Order/Opinion
88

0:01-cv-07089

Order

Beth Forry and EEOC vs. Federated Financial Services, Inc.

June 4, 2003

June 4, 2003

Order/Opinion
126

0:01-cv-07089

Order [Granting Motion for Summary Judgment, Denying Motion for Summary Judgment as to Plaintiff's EEOC Title VII Claims, and Granting Cross-Motion for Summary Judgment]

Beth Forry and EEOC vs. Financial Federated Services, Inc.

Nov. 5, 2003

Nov. 5, 2003

Order/Opinion
181

0:01-cv-07089

Order Staying Deposition of Shawn Martin

Beth Forry and EEOC and Sarah Hoffman, Taren Busick, Lynda Fleek, and Brandy Wilcox v. Federated Financial Services, Inc.

April 23, 2004

April 23, 2004

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5580704/forry-v-federated-financial/

Last updated Aug. 24, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
324

REPORT AND RECOMMENDATIONS re 269 Plaintiff United States Equal Employment Opportunity Commission's ("EEOC") Motion to Enforce Court-Ordered Consent Decree and for Order to Show Cause Why Defendant Should not be Held in Contempt; [DE 275] Defendant Federated Financial Services, Inc.'s Motion for Modification of Consent Decree; and [DE 306, filed under seal] EEOC's Motion for Three-Month Extension of Consent Decree. The Court recommends that the EEOC's Motion to E nforce Court-Ordered Consent Decree be GRANTED while the Defendant's Motion to Modify the Consent Decree be DENIED. Additionally, the Court recommends that the EEOC's motion for extension of the Consent Decree be GRANTED IN PART and the Co nsent Decree be extended for an additional sixty (60) days. Finally, the Court Orders the EEOC and Plaintiffs-Intervenors to jointly file a notice advising the Court of the amount in which a final judgment should be entered (as discussed in the Report and Recommendation), within fifteen (15) days of today's date. Objections to R&R due by 10/26/2009. Signed by Magistrate Judge Edwin G. Torres on 10/06/2009. (aed)

Oct. 6, 2009

Oct. 6, 2009

RECAP

SUMMONS(ES) issued for Federated Financial Services, Inc. (Former Deputy Clerk) (Entered: 10/0112001)

334

REPORT AND RECOMMENDATIONS re 328 Plaintiff-Intervenors' Motion for Entry of Final Order and Judgment, recommending that the motion be Granted in part and Denied in part. Objections to R&R due by 2/11/2010. Signed by Magistrate Judge Edwin G. Torres on 1/25/2010. (aed)

Jan. 25, 2010

Jan. 25, 2010

RECAP

ORDER requiring counsel to meet and file joint scheduling report and proposed order (Signed by Judge Patricia A. Seitz on 10115/01) [EOD Date: 10116/01] (dg, Deputy Clerk) (Entered: 1011612001)

NOTICE of filing waiver of service of summons by Equal Employment (tb, Deputy Clerk) (Entered: 1112112001)

Waiver of service executed by Federated Financial 10128/01 Answer due by 12127/01 for Federated Financial (tb, Deputy Clerk) (Entered: 1112112001)

NOTICE of Pendency of Other Action. by Equal Employment (dg, Deputy Clerk) (Entered: 1112612001)

ORDER transferring case to Judge Wilkie D. Ferguson (accepted 12119/01) ( Signed by Judge Patricia A. Seitz on 11126/01) [EOD Date: 12120/01] (dp, Deputy Clerk) (Entered: 1212012001)

CASE reassigned to Judge Wilkie D. Ferguson Jr. (dp, Deputy Clerk) (Entered: 1212012001)

MOTION by Federated Financial to dismiss the retaliation claim, and for more definite statement (tb, Deputy Clerk) (Entered: 1212012001)

MEMORANDUM by Federated Financial in support of [8-1] motion to dismiss the retaliation claim (tb, Deputy Clerk) (Entered: 1212012001)

NOTICE of filing Lynda Fleek's charge of discrimination identified as exhibit A in defendant's motion to dismiss by Federated Financial (tb, Deputy Clerk) (Entered: 1212112001)

ORDER SETTING STATUS CONFERENCE Status conference set for 4:15 1122/02 before Judge Wilkie D. Ferguson Jr. ( Signed by Judge Wilkie D. Ferguson Jr. on 112/02) [EOD Date: 1/3/02] CCAP (dp, Deputy Clerk) (Entered: 01/0312002)

PRETRIAL ORDER filed: advising parties of specific procedures with regard to pleadings ( Signed by Judge Wilkie D. Ferguson Jr. on 112/02) [EOD Date: 1/3/02] (dp, Deputy Clerk) (Entered: 01/0312002)

MOTION by Federated Financial to hold status conference telephonically (dp, Deputy Clerk) (Entered: 01/0812002)

RESPONSE by Equal Employment to [8-1] motion to dismiss the retaliation claim, [8-2] motion for more definite statement (dp, Deputy Clerk) (Entered: 01/0912002)

Scheduling Report of Scheduling Meeting by Equal Employment, Federated Financial (dp, Deputy Clerk) (Entered: 0111112002)

REPLY by Federated Financial to response to [8-1] motion to dismiss the retaliation claim, [8-2] motion for more definite statement (dp, Deputy Clerk) (Entered: 0111712002)

MOTION by Federated Financial to consolidate cases (dp, Deputy Clerk) (Entered: 0111812002)

MEMORANDUM by Federated Financial in support of [18-1] motion to consolidate cases (dp, Deputy Clerk) (Entered: 0111812002)

ORDER Granting [13-1] unopposed motion to hold status conference telephonically (Signed by Judge Wilkie D. Ferguson Jr. on 1118102) [EOD Date: 1122/02] (ss, Deputy Clerk) (Entered: 0112212002)

ORDER granting [18-1] motion to consolidate cases (01-7089 & 01-7542) ( Signed by Judge Wilkie D. Ferguson Jr. on 1123/02) [EOD Date: 1124/02] (dp, Deputy Clerk) (Entered: 0112412002)

DOCKET pleadings in LEAD case only (dp, Deputy Clerk) (Entered: 0112412002)

ORDER denying [8-1] motion to dismiss the retaliation claim, denying [8-2] motion for more definite statement ( Signed by Judge Wilkie D. Ferguson Jr. on 9124/02) [EOD Date: 9125/02] (dp, Deputy Clerk) (Entered: 0912512002)

ANSWER to Complaint by Federated Financial (dp, Deputy Clerk) (Entered: 1010712002)

MOTION by Federated Financial for summary judgment (dp, Deputy Clerk) (Entered: 1212712002)

MEMORANDUM by Federated Financial in support of [24-1] motion for summary judgment (dp, Deputy Clerk) (Entered: 1212712002)

Statement of undisputed material facts by Federated Financial re: [24-1] motion for summary judgment (dp, Deputy Clerk) (Entered: 1212712002)

MEMORANDUM by Federated Financial in opposition to Beth Forry's motion to file supplemental pleading and amendment to complaint (dp, Deputy Clerk) (Entered: 1212712002)

NOTICE OF WITHDRAWAL by Federated Financial of [24-1] motion for summary judgment (ss, Deputy Clerk) (Entered: 01/0612003)

NOTICE OF WITHDRAWAL by Federated Financial of its memorandum oflaw in opposition to motion to file supplemental pleading and amendment to complaint (ss, Deputy Clerk) (Entered: 01/0612003)

Intervenor's COMPLAINT and Demand for jury trial by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox against Federated Financial (mh, Deputy Clerk) (Entered: 0311912003)

DEMAND for jury trial by Taren Busick, Linda Fleek, Sarah Hoffman, Brandy Wilcox, Federated Financial (mh, Deputy Clerk) (Entered: 0311912003)

Administrative Order 2003-32 In Re: Reassignment of District Judge Wilkie D. Ferguson, Jr.'s Cases to District Judge Donald M. Middlebrooks ( Signed by Judge William J. Zloch on 5122/03) [EOD Date: 5123/03] (mh, Deputy Clerk) Modified on 0512312003 (Entered: 0512312003)

Case reassigned to the calendar of District Judge Donald M. Middlebrooks (mh, Deputy Clerk) (Entered: 0512312003)

ORDER OF TRANSFER transferring case to the calendar of Judge Lenard (Signed by Judge Donald M. Middlebrooks on 5127/03) [EOD Date: 5129/03] (Former Deputy Clerk) (Entered: 0512912003)

CASE reassigned to Judge Joan A. Lenard (Former Deputy Clerk) (Entered: 0512912003)

ORDER CLOSING CASE all pleadings must be filed under case number 01-7089-CIV-LENARD (Signed by Judge Joan A. Lenard on 5128/03) [EOD Date: 5/30/03] (Former Deputy Clerk) (Entered: 05/3012003)

CASE CLOSED. Case and Motions no longer referred to Magistrate. (Former Deputy Clerk) (Entered: 05/3012003)

ORDER that there are no pending, ripe motions which have been referred; directing the Clerk to transfer this case to the Honorable Andrea M. Simonton, US Magistrate Judge paired with USDC Judge Joan A. Lenard ( Signed by Magistrate Barry L. Garber on 5129/03) [EOD Date: 5/30/03] (wc, Deputy Clerk) (Entered: 05/3012003)

Magistrate identification: Magistrate Judge Andrea M. Simonton (wc, Deputy Clerk) (Entered: 05/3012003)

336

OMNIBUS ORDER ADOPTING 334 Report and Recommendation, GRANTING IN PART AND DENYING IN PART 328 Plaintiff-Intervenors' Motion for Entry of Final Order and Judgment, ADOPTING 324 Report and Recommendation, GRANTING IN PART 269 EEOC's Motion to Enforce Consent Decree, DENYING 275 Defendant's Motion for Modification of Consent Decree, GRANTING IN PART 306 EEOC's Motion for Extension of Consent Decree, and ENTERING final judgment against Defendant Federated Financial Services, Inc. Signed by Judge Joan A. Lenard on 2/25/2010. (mhz)

Feb. 25, 2010

Feb. 25, 2010

RECAP

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: June 27, 2001

Closing Date: Jan. 11, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC on behalf of intervenor employee plaintiff

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federated Financial Services, Inc., 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: 240,000

Order Duration: 2004 - 2012

Content of Injunction:

Discrimination Prohibition

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Private Party intervened in EEOC suit

Private Suit Related / Consolidated with EEOC Suit