Case: EEOC v. G.F.B. Enterprises, Llc D/B/A Lexus Of Kendall

1:01-cv-04035 | U.S. District Court for the Southern District of Florida

Filed Date: Sept. 28, 2001

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In September 2001, the EEOC's Miami District Office brought this suit against G.F.B. Enterprises, L.L.C., d/b/a Lexus of Kendall, in the U.S. District Court for the Southern District of Florida alleging violation of Title VII of the Civil Rights Act of 1964 by discriminating on basis of national origin, race, and religion. Specifically, the defendant created a hostile work environment by making derogatory ethnic, religious, and racial slurs and jokes to the charging parties (a group comprised …

In September 2001, the EEOC's Miami District Office brought this suit against G.F.B. Enterprises, L.L.C., d/b/a Lexus of Kendall, in the U.S. District Court for the Southern District of Florida alleging violation of Title VII of the Civil Rights Act of 1964 by discriminating on basis of national origin, race, and religion. Specifically, the defendant created a hostile work environment by making derogatory ethnic, religious, and racial slurs and jokes to the charging parties (a group comprised of Hispanic, black, and Jewish employees), resulting in the constructive discharge of one of the charging parties. The charging parties intervened in the suit in January 2002. In March 2003, the parties participated in court ordered mediation which resulted in a settlement. The parties entered in a consent decree dismissing the case in April 2003.

The four-year decree contained a non-discrimination clause and required the defendant to: distribute its Title VII compliance policy, provide EEOC-approved Title VII training, retain records of Title VII complaints, report to the EEOC at specified intervals, and pay $700,000 ($600,000 to be distributed among the charging parties and $100,000 to be distributed to currently unidentified victims of the defendant's discrimination).

The decree was entered in 2003 and scheduled to last until 2007. No further docket entries exist, so the case is closed.

Summary Authors

Michele Marxkors (5/31/2007)

Documents in the Clearinghouse

Document

1:01-cv-04035

Docket (PACER)

April 4, 2003

April 4, 2003

Docket
1

1:01-cv-04035

Complaint

May 10, 2007

May 10, 2007

Complaint
30

1:01-cv-04035

Amended Complaint

May 10, 2007

May 10, 2007

Complaint
67

1:01-cv-04035

Consent Decree

May 10, 2007

May 10, 2007

Settlement Agreement

1:01-cv-04035

EEOC Litigation Settlements September 2003

No Court

May 10, 2007

May 10, 2007

Press Release

1:01-cv-04035

Office of General Counsel Fiscal Year 2003 Annual Report

No Court

May 10, 2007

May 10, 2007

Press Release
66

1:01-cv-04035

Final Order of Dismissal with Prejudice Pursuant to the Court's Approval of Consent Decree

May 10, 2007

May 10, 2007

Order/Opinion
32

1:01-cv-04035

[Second] Amended Complaint

May 10, 2007

May 10, 2007

Complaint

Resources

Docket

Last updated Aug. 10, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed re: civil rights/race; filing fee waived; A-7; Magistrate Judge Andrea M. Simonton (hd, Deputy Clerk) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

2

SUMMONS(ES) issued for GFB Enterprises LLC by servin Corporation Service Company, registered agent (hd, Deputy Clerk) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

3

ORDER requiring compliance with Local Rule 16.1 of the United States District Court for the Southern District of Florida ( Signed by Judge Alan S. Gold on 10/5/01) [EOD Date: 10/9/01] (hd, Deputy Clerk) (Entered: 10/09/2001)

Oct. 9, 2001

Oct. 9, 2001

7

UNOPPOSED MOTION by GFB Enterprises LLC to extend time for response to motion to intervene (hd, Deputy Clerk) (Entered: 11/15/2001)

Nov. 1, 2001

Nov. 1, 2001

4

MOTION with memorandum in support to intervene as plaintiffs in this action by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg (intervenors' complaint in pod 2) (hd, Deputy Clerk) (Entered: 11/05/2001)

Nov. 2, 2001

Nov. 2, 2001

5

Notice of Filing Waiver of service executed by GFB Enterprises LLC (Attorney )10/30/01 Answer due by 12/31/01 for GFB Enterprises LLC (attached) (wc, Deputy Clerk) (Entered: 11/13/2001)

Nov. 8, 2001

Nov. 8, 2001

6

ORDER OF RECUSAL ( Signed by Judge Alan S. Gold on 11/13/01) [EOD Date: 11/14/01] (hd, Deputy Clerk) (Entered: 11/14/2001)

Nov. 13, 2001

Nov. 13, 2001

9

ORDER granting [7-1] motion to extend time for response to motion to intervene ( Signed by Judge Patricia A. Seitz on 11/26/01) [EOD Date: 11/27/01] (tb, Deputy Clerk) (Entered: 11/27/2001)

Nov. 26, 2001

Nov. 26, 2001

10

RESPONSE by GFB Enterprises LLC to [4-1] motion to intervene as plaintiffs in this action by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg (dg, Deputy Clerk) (Entered: 12/04/2001)

Dec. 3, 2001

Dec. 3, 2001

11

NOTICE of attorney appearance for GFB Enterprises LLC by Glen Reid Goldsmith (hd, Deputy Clerk) (Entered: 12/05/2001)

Dec. 4, 2001

Dec. 4, 2001

12

NOTICE of Substitution/Reassignment of Attorney. Terminated attorney Kenneth Lawrence Gillespie for U.S. - EEOC Added Maria Teresa Rodriguez (dg, Deputy Clerk) (Entered: 12/11/2001)

Dec. 10, 2001

Dec. 10, 2001

13

UNOPPOSED MOTION by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg to extend time 10 days within which to file and serve their reply to their motion to intervene (Former Deputy Clerk) (Entered: 12/12/2001)

Dec. 11, 2001

Dec. 11, 2001

14

ORDER of Magistrate Judge Reassignment ( Signed by Judge Patricia A. Seitz on 12/10/01) [EOD Date: 12/12/01] (tb, Deputy Clerk) (Entered: 12/12/2001)

Dec. 11, 2001

Dec. 11, 2001

Magistrate identification: Magistrate Judge Barry L. Garber (tb, Deputy Clerk) (Entered: 12/12/2001)

Dec. 11, 2001

Dec. 11, 2001

15

ORDER granting [13-1] motion to extend time 10 days within which to file and serve their reply to their motion to intervene ( Signed by Judge Patricia A. Seitz on 12/12/01) [EOD Date: 12/14/01] (tb, Deputy Clerk) (Entered: 12/14/2001)

Dec. 13, 2001

Dec. 13, 2001

16

ORDER requiring counsel to meet and file joint scheduling report and proposed order ( Signed by Judge Patricia A. Seitz on 12/19/01) [EOD Date: 12/20/01] (tb, Deputy Clerk) (Entered: 12/20/2001)

Dec. 19, 2001

Dec. 19, 2001

17

REPLY by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg in support of their [4-1] motion to intervene as plaintiffs in this action by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan (ra, Deputy Clerk) (Entered: 12/26/2001)

Dec. 21, 2001

Dec. 21, 2001

18

NOTICE of firm name change by GFB Enterprises LLC (dg, Deputy Clerk) (Entered: 01/02/2002)

Dec. 31, 2001

Dec. 31, 2001

19

MOTION with memorandum in support by GFB Enterprises LLC for more definite statement , and to strike request for relief (dg, Deputy Clerk) (Entered: 01/02/2002)

Dec. 31, 2001

Dec. 31, 2001

21

Intervenor's COMPLAINT by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg against GFB Enterprises LLC (wc, Deputy Clerk) (Entered: 01/16/2002)

Jan. 15, 2002

Jan. 15, 2002

21

DEMAND for jury trial by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg (wc, Deputy Clerk) (Entered: 01/16/2002)

Jan. 15, 2002

Jan. 15, 2002

22

RESPONSE by U.S. - EEOC in opposition to [19-1] motion for more definite statement (tb, Deputy Clerk) (Entered: 01/18/2002)

Jan. 17, 2002

Jan. 17, 2002

23

JOINT MOTION by U.S. - EEOC, GFB Enterprises LLC to extend time to convene Scheduling Conference and file Joint Scheduling Report (wc, Deputy Clerk) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

24

ORDER granting [23-1] joint motion to extend time to convene Scheduling Conference and file Joint Scheduling Report reset Scheduling meeting report due for 2/28/02 ( Signed by Judge Patricia A. Seitz on 1/28/02) [EOD Date: 1/29/02] (wc, Deputy Clerk) (Entered: 01/29/2002)

Jan. 28, 2002

Jan. 28, 2002

25

REPLY by GFB Enterprises LLC to response to [19-1] motion for more definite statement, [19-2] motion to strike request for relief (wc, Deputy Clerk) (Entered: 01/29/2002)

Jan. 28, 2002

Jan. 28, 2002

26

Answer and affirmative defenses by GFB Enterprises LLC (cj, Deputy Clerk) (Entered: 01/31/2002)

Jan. 30, 2002

Jan. 30, 2002

27

PARTIES Scheduling Report of Scheduling Meeting by U.S. - EEOC, GFB Enterprises LLC, Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg, Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg, GFB Enterprises LLC 2/28/02 (cj, Deputy Clerk) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

28

ORDER granting [19-1] motion for more definite statement, granting [19-2] motion to strike request for relief, plaintiff shall file an amended complaint that complies with all pleading requirements no later than 3/11/02 ( Signed by Judge Patricia A. Seitz on 3/1/02) [EOD Date: 3/5/02] (cj, Deputy Clerk) (Entered: 03/05/2002)

March 4, 2002

March 4, 2002

29

NOTICE of filing amended complaint by U.S. - EEOC (dg, Deputy Clerk) (Entered: 03/13/2002)

March 11, 2002

March 11, 2002

30

AMENDED COMPLAINT by U.S. - EEOC , (Answer due 3/21/02 for GFB Enterprises LLC ) amending [1-1] complaint (dg, Deputy Clerk) (Entered: 03/13/2002)

March 11, 2002

March 11, 2002

31

CORRECTED NOTICE of filing amended complaint by U.S. - EEOC (dg, Deputy Clerk) (Entered: 03/13/2002)

March 11, 2002

March 11, 2002

32

AMENDED COMPLAINT by U.S. - EEOC , (Answer due 3/21/02 for GFB Enterprises LLC ) amending [30-1] amended complaint (dg, Deputy Clerk) (Entered: 03/13/2002)

March 11, 2002

March 11, 2002

33

PARTIAL ANSWER and affirmative defenses by GFB Enterprises LLC to amended complaint (dg, Deputy Clerk) Modified on 04/01/2002 (Entered: 04/01/2002)

March 29, 2002

March 29, 2002

35

ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Patricia A. Seitz on 4/1/02) [EOD Date: 4/2/02] (dg, Deputy Clerk) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

36

ORDER Providing Parties With Instructions For Jury Trial (Signed by Judge Patricia A. Seitz on 4/1/02) [EOD Date: 4/2/02] (dg, Deputy Clerk) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

37

SCHEDULING ORDER setting Deadline for filing of all motions by 2/28/03 Jury trial set for 10:00 7/28/03 Pretrial Stipulation due on or before 6/13/03 Calendar call set for 1:15 7/23/03 Discovery cutoff 3/31/03 ; Pretrial conference for 9:00 6/27/03 ; ( Signed by Judge Patricia A. Seitz on 4/1/02) [EOD Date: 4/2/02] CCAP (dg, Deputy Clerk) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

37

ORDER REFERRING all discovery and all motions for attorneys' fees and costs to Magistrate Judge Bandstra (Signed by Judge Patricia A. Seitz on 4/1/02) CCAP [EOD Date: 4/2/02] (dg, Deputy Clerk) (Entered: 04/02/2002)

April 1, 2002

April 1, 2002

38

RESPONSE by U.S. - EEOC to [34-1] motion to dismiss amended complaint (dg, Deputy Clerk) (Entered: 04/12/2002)

April 11, 2002

April 11, 2002

Magistrate identification: Magistrate Judge Bandstra (dg, Deputy Clerk) (Entered: 04/17/2002)

April 16, 2002

April 16, 2002

39

NOTICE of selection of Leslie W. Langbein as Mediator by Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg (dg, Deputy Clerk) (Entered: 04/17/2002)

April 16, 2002

April 16, 2002

40

MOTION by GFB Enterprises LLC to extend time to file reply in support of partial motion to dismiss (dg, Deputy Clerk) (Entered: 04/22/2002)

April 19, 2002

April 19, 2002

41

ORDER granting [40-1] motion to extend time to file reply in support of partial motion to dismiss Reply to Response to Motion reset to 4/26/02 for [34-1] motion to dismiss amended complaint ( Signed by Judge Patricia A. Seitz on 4/19/02) [EOD Date: 4/23/02] (dg, Deputy Clerk) (Entered: 04/23/2002)

April 22, 2002

April 22, 2002

42

REPLY by GFB Enterprises LLC in support of [34-1] motion to dismiss amended complaint (dg, Deputy Clerk) (Entered: 04/29/2002)

April 26, 2002

April 26, 2002

43

ORDER denying [34-1] motion to dismiss amended complaint ( Signed by Judge Patricia A. Seitz on 6/20/02) [EOD Date: 6/21/02] (dg, Deputy Clerk) (Entered: 06/21/2002)

June 20, 2002

June 20, 2002

44

ORDER OF REASSIGNMENT transferring case to the calendar of Judge Jose E. Martinez for all further proceedings (Signed by Judge Patricia A. Seitz on 9/23/02) [EOD Date: 9/26/02] (ra, Deputy Clerk) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

Case reassigned to the calendar of Judge Jose E. Martinez for all further proceedings (ra, Deputy Clerk) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

45

ORDER reassigning case to Magistrate Judge Dube ( Signed by Judge Patricia A. Seitz on 10/4/02) [EOD Date: 10/7/02] (dg, Deputy Clerk) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

46

JOINT MOTION with memorandum in support by U.S. - EEOC, Jesus Molina, Humfredo Perez, Felix Quevedo, Avraham Mardo, Susan Weinberg for 120-day discovery extension and pretrial deadlines (ra, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

47

ORDER granting in pat [46-1] joint motion for 120-day discovery extension and pretrial deadlines Set Jury trial for 10/6/03 before Judge Jose E. Martinez , Reset calendar call for 1:30 10/2/03 before Judge Jose E. Martinez (Signed by Judge Jose E. Martinez on 12/17/02) [EOD Date: 12/18/02] (ra, Deputy Clerk) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

48

MOTION with memorandum in support by U.S. - EEOC to compel better interrogatory answers (ra, Deputy Clerk) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

49

NOTICE of Unavailability by GFB Enterprises LLC for dates of: 1/23/03 - 2/3/03 and 3/27/03 - 4/7/03 (ct, Deputy Clerk) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

50

UNOPPOSED MOTION by GFB Enterprises LLC to extend time to respond to motion to compel better interrogatory answers (ra, Deputy Clerk) (Entered: 01/22/2003)

Jan. 21, 2003

Jan. 21, 2003

51

ORDER granting [50-1] motion to extend time to respond to motion to compel better interrogatory answers Response to motion reset to 2/7/03 for [48-1] motion to compel better interrogatory answers ( Signed by Magistrate Judge Robert L. Dube on 01/24/03) [EOD Date: 1/27/03] (ra, Deputy Clerk) (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

52

UNOPPOSED MOTION by GFB Enterprises LLC to extend time to respond to plaintiff motion to compel better interrogatory answer (ra, Deputy Clerk) (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

53

ORDER granting [52-1] motion to extend time to respond to plaintiff motion to compel better interrogatory answer ( Signed by Magistrate Judge Robert L. Dube on 02/11/03) [EOD Date: 2/12/03] (ra, Deputy Clerk) (Entered: 02/12/2003)

Feb. 11, 2003

Feb. 11, 2003

54

RESPONSE by GFB Enterprises LLC to [48-1] motion to compel better interrogatory answers (ra, Deputy Clerk) (Entered: 02/18/2003)

Feb. 14, 2003

Feb. 14, 2003

55

REPLY by U.S. - EEOC in support of their [48-1] motion to compel better interrogatory answers (ra, Deputy Clerk) (Entered: 02/25/2003)

Feb. 24, 2003

Feb. 24, 2003

56

ORDER SCHEDULING MEDIATION before Mediator: Leslie Langbein for 03/04/03 at 9:00 ( Signed by Judge Jose E. Martinez on 02/13/03) [EOD Date: 2/26/03] (ra, Deputy Clerk) (Entered: 02/26/2003)

Feb. 25, 2003

Feb. 25, 2003

57

ORDER granting [48-1] motion to compel better interrogatory answers set status conference for 10:00 3/17/03 before Magistrate Judge Robert L. Dube ( Signed by Magistrate Judge Robert L. Dube on 2/26/03) [EOD Date: 2/27/03] (tb, Deputy Clerk) (Entered: 02/27/2003)

Feb. 26, 2003

Feb. 26, 2003

58

ORDER ON NOTICE OF SETTLEMENT, parties shall file a stipulation of settlement, a proposed order of dismissal or final judgment, and any other documents to conclude this actionwithin fifteen (15) days from the date of this order (Signed by Judge Jose E. Martinez on 03/05/03) [EOD Date: 3/6/03] (ra, Deputy Clerk) (Entered: 03/06/2003)

March 5, 2003

March 5, 2003

59

FINAL report of Mediator. Disposition: Settled (ra, Deputy Clerk) Modified on 03/12/2003 (Entered: 03/12/2003)

March 7, 2003

March 7, 2003

60

JOINT MOTION by U.S. - EEOC, GFB Enterprises LLC for a one week extension of deadline in Court's order of settlement (ra, Deputy Clerk) (Entered: 03/21/2003)

March 20, 2003

March 20, 2003

61

ORDER mooting [48-1] motion to compel better interrogatory answers ( Signed by Magistrate Judge Robert L. Dube on 03/19/03) [EOD Date: 3/21/03] (ra, Deputy Clerk) (Entered: 03/21/2003)

March 20, 2003

March 20, 2003

62

UNOPPOSED MOTION by GFB Enterprises LLC to extend time to file stipulation of settlement (ra, Deputy Clerk) (Entered: 03/28/2003)

March 27, 2003

March 27, 2003

63

ORDER granting [62-1] motion to extend time to file stipulation of settlement denying [60-1] joint motion for a one week extension of deadline in Court's order of settlement ( Signed by Judge Jose E. Martinez on 03/28/03) [EOD Date: 4/1/03] (ra, Deputy Clerk) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

64

STIPULATION for dismissal with prejudice pursuant to the Court's approval of the Consent Dedree by U.S. - EEOC, GFB Enterprises LLC (ra, Deputy Clerk) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

65

NOTICE of filing atached Consent Decree by U.S. - EEOC (original in the chamber) (ra, Deputy Clerk) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

66

FINAL ORDER of Dismissal with Prejudice Pursuant to the Court's Approval of the Consent Decree. granting [64-1] dismiss/dismissal stipulation. This case is CLOSED. All pending motions are DENIED AS MOOT. Each party to bear its own attorney's fees and costs. ( Signed by Judge Jose E. Martinez on 04/01/03) [EOD Date: 4/4/03] (nt, Deputy Clerk) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

CASE CLOSED. Case and Motions no longer referred to Magistrate. (nt, Deputy Clerk) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

67

ORDER/CONSENT DECREE (Signed by Judge Jose E. Martinez on 04/04/03) [EOD Date: 4/7/03] (ra, Deputy Clerk) (Entered: 04/07/2003)

April 4, 2003

April 4, 2003

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. 28, 2001

Closing Date: 2007

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

G.F.B. Enterprises, L.L.C. (Miami), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

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: 700000

Order Duration: 2003 - 2007

Content of Injunction:

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Discrimination Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Religion discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Indian