Case: EEOC v. EMERGENCY MEDICINE ASSOCIATES, INC.

2:02-cv-14139 | U.S. District Court for the Southern District of Florida

Filed Date: May 1, 2002

Closed Date: Jan. 12, 2004

Clearinghouse coding complete

Case Summary

The EEOC filed this suit on May 1, 2002 in the U.S. District Court for the Southern District of Florida (Ft. Pierce). The complainant intervened in the suit. The EEOC alleged that defendants Emergency Medicine Associates, Inc. and Indian River Memorial Hospital, Inc. violated Title VII by sexually discriminating against a female employee. Both defendants filed motions to dismiss the case that were unsuccessful. Defendant Emergency Medicine Associates, Inc. also filed a motion for summary judgme…

The EEOC filed this suit on May 1, 2002 in the U.S. District Court for the Southern District of Florida (Ft. Pierce). The complainant intervened in the suit. The EEOC alleged that defendants Emergency Medicine Associates, Inc. and Indian River Memorial Hospital, Inc. violated Title VII by sexually discriminating against a female employee. Both defendants filed motions to dismiss the case that were unsuccessful. Defendant Emergency Medicine Associates, Inc. also filed a motion for summary judgment that was subsequently withdrawn. The case was referred to mediation on March 14, 2003. On December 10, 2003, two days after the motion for summary judgment was withdrawn, the parties filed notice of filing a consent decree. The consent decree was entered into the record on December 23, 2003.

In the consent decree the defendant agreed to pay $500,000, $203,200 of which applied to complainant's costs and attorney's fees. Defendant also agreed to provide training for its employees, distribute an anti-discrimination policy, appoint a coordinator, and report to the EEOC regarding complaints of 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

William Burns (3/27/2008)

Documents in the Clearinghouse

Document

2:02-cv-14139

Docket [PACER]

EEOC v. Emergency Medicine, et al

Jan. 12, 2004

Jan. 12, 2004

Docket
1

2:02-cv-14139

Complaint

EEOC v. Emergency Medicine Associates, Inc. & Indian River Memorial Hospital, Inc.

May 1, 2002

May 1, 2002

Complaint
4

2:02-cv-14139

Intervenor Complaint

EEOC & Farina v. Emergency Medicine Associates, Inc. & Indian River Memorial Hospital, Inc.

May 20, 2002

May 20, 2002

Complaint
21

2:02-cv-14139

Report and Reccomendation

EEOC v. Emergency Medicine Associates, Inc. & Indian River Memorial Hospital, Inc.

Oct. 16, 2002

Oct. 16, 2002

Order/Opinion
27

2:02-cv-14139

Order Adopting Report & Recommendation

EEOC & Farina v. Emergency Medicine Associates, Inc. & Indian River Memorial Hospital, Inc.

Dec. 18, 2002

Dec. 18, 2002

Order/Opinion
59

2:02-cv-14139

Consent Decree

EEOC & Farina v. Emergency Medicine Associates, Inc. & Indian River Memorial Hospital, Inc.

Dec. 23, 2003

Dec. 23, 2003

Settlement Agreement

Resources

Docket

Last updated July 21, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE waived Magistrate Judge Frank J. Lynch, Jr. (cj, Deputy Clerk) (Entered: 05/02/2002)

May 1, 2002

May 1, 2002

2

SUMMONS() issued for Emergency Medicine (at, Deputy Clerk) (Entered: 05/03/2002)

May 2, 2002

May 2, 2002

3

SUMMONS() issued for Indian River Memoria (at, Deputy Clerk) (Entered: 05/03/2002)

May 2, 2002

May 2, 2002

4

Intervenor's COMPLAINT by Gloria Farina against Emergency Medicine, Indian River Memoria (cg, Deputy Clerk) (Entered: 05/22/2002)

May 20, 2002

May 20, 2002

5

MOTION by Gloria Farina for leave to file Intervenor complaint (cg, Deputy Clerk) (Entered: 05/22/2002)

May 20, 2002

May 20, 2002

6

MOTION by Indian River Memoria to dismiss complaint (at, Deputy Clerk) (Entered: 07/08/2002)

July 3, 2002

July 3, 2002

8

MOTION with memorandum in support by Emergency Medicine to dismiss complaint , or in the alternative for summary judgment (at, Deputy Clerk) (Entered: 07/09/2002)

July 8, 2002

July 8, 2002

9

ORDER GRANTING MOTION TO INTERVENE granting [5-1] motion for leave to file Intervenor complaint. The Intervenor Complaint filed on 5/21/02 (DE #4) is deemed filed as of the date of this order. (Signed by Judge James C. Paine on 7/9/02) [EOD Date: 7/10/02] (at, Deputy Clerk) (Entered: 07/10/2002)

July 10, 2002

July 10, 2002

10

EMERGENCY UNOPPOSED MOTION with memorandum in support by U.S. - EEOC to extend time to file a consolidated response to defendants' motions to dismiss and for summary judgment (at, Deputy Clerk) (Entered: 07/15/2002)

July 12, 2002

July 12, 2002

11

ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME granting [10-1] motion to extend time to file a consolidated response to defendants' motions to dismiss and for summary judgment Response to motion reset to 8/1/02 for [8-1] motion to dismiss complaint, reset to 8/1/02 for [8-2] motion for summary judgment, reset to 8/1/02 for [6-1] motion to dismiss complaint (Signed by Judge James C. Paine on 7/15/02) [EOD Date: 7/17/02] (at, Deputy Clerk) (Entered: 07/17/2002)

July 16, 2002

July 16, 2002

12

MOTION by Emergency Medicine for clarification of [9-1] order AND SUPPORTING LEGAL AUTHORITY (at, Deputy Clerk) (Entered: 07/17/2002)

July 17, 2002

July 17, 2002

13

ORDER GRANTING DEFENDANT'S MOTION FOR CLARIFICATION granting [12-1] motion for clarification of [9-1] order ( Signed by Judge James C. Paine on 7/24/22) [EOD Date: 7/24/02] (at, Deputy Clerk) (Entered: 07/24/2002)

July 24, 2002

July 24, 2002

14

CONSOLIDATED RESPONSE by U.S. - EEOC to [8-1] motion to dismiss complaint, [8-2] motion for summary judgment, [6-1] motion to dismiss complaint (at, Deputy Clerk) (Entered: 08/01/2002)

July 31, 2002

July 31, 2002

15

MOTION by Gloria Farina for Jill S. Schwartz and Jeffrey Feulner to appear pro hac vice (at, Deputy Clerk) (Entered: 08/02/2002)

Aug. 2, 2002

Aug. 2, 2002

Filing Fee Paid; FILING FEE $150.00 RECEIPT# 716743 for Jill S. Schwartz and Jeffrey Feulner to appear PHV (at, Deputy Clerk) (Entered: 08/02/2002)

Aug. 2, 2002

Aug. 2, 2002

16

REPLY MEMORANDUM IN SUPPORT by Indian River Memoria to response to [6-1] motion to dismiss complaint (at, Deputy Clerk) (Entered: 08/12/2002)

Aug. 9, 2002

Aug. 9, 2002

17

AFFIDAVIT OF JEFFERY SUSI by Indian River Memoria Re: [16-1] response reply (at, Deputy Clerk) (Entered: 08/12/2002)

Aug. 9, 2002

Aug. 9, 2002

18

ORDER GRANTING PRO HAC VICE APPEARANCES granting [15-1] motion for Jill S. Schwartz and Jeffrey Feulner to appear pro hac vice (Signed by Judge James C. Paine on 8/12/02) [EOD Date: 8/13/02] (at, Deputy Clerk) (Entered: 08/13/2002)

Aug. 12, 2002

Aug. 12, 2002

19

REPLY MEMORANDUM IN SUPPORT by Emergency Medicine to response to [8-1] motion to dismiss complaint, [8-2] motion for summary judgment (at, Deputy Clerk) (Entered: 08/13/2002)

Aug. 12, 2002

Aug. 12, 2002

21

REPORT AND RECOMMENDATIONS of Magistrate Frank J. Lynch recommending that [6-1] motion to dismiss complaint, [8-2] motion for summary judgment be DENIED with out prejudice. Motion no longer referred. Signed on: 10/16/02 Objections to R and R due by 10/28/02 CCAP (cg, Deputy Clerk) (Entered: 10/18/2002)

Oct. 16, 2002

Oct. 16, 2002

22

OBJECTION by Emergency Medicine to [21-1] report and recommendations (at, Deputy Clerk) (Entered: 10/29/2002)

Oct. 28, 2002

Oct. 28, 2002

23

OBJECTION by Indian River Memoria to [21-1] report and recommendations (at, Deputy Clerk) (Entered: 10/30/2002)

Oct. 29, 2002

Oct. 29, 2002

24

RESPONSE by Gloria Farina to [23-1] objection, [22-1] objection (at, Deputy Clerk) (Entered: 11/14/2002)

Nov. 13, 2002

Nov. 13, 2002

25

CONSOLIDATED RESPONSE by U.S. - EEOC to [23-1] objection (at, Deputy Clerk) (Entered: 11/14/2002)

Nov. 13, 2002

Nov. 13, 2002

26

Joint Scheduling Report of Scheduling Meeting by U.S. - EEOC, Gloria Farina, Emergency Medicine, Indian River Memoria (at, Deputy Clerk) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

27

ORDER ADOPTING THE REPORT AND RECOMMENDATION ON DEFENDANT INDIAN RIVER MEMORIAL HOSPITAL, INC'S MOTION TO DISMISS (DE#6) AND DEFENDANT EMERGENCY MEDICINE ASSOCIATES, INC'S MOTION TO DISMISS, OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT (DE #8) adopting [21-1] report and recommendations denying [8-1] motion to dismiss complaint, denying [8-2] motion for summary judgment, denying [6-1] motion to dismiss complaint (Signed by Judge James C. Paine on 12/16/02) [EOD Date: 12/18/02] CCAP (at, Deputy Clerk) (Entered: 12/18/2002)

Dec. 18, 2002

Dec. 18, 2002

28

Answer and affirmative defenses by Emergency Medicine (cg, Deputy Clerk) (Entered: 12/24/2002)

Dec. 23, 2002

Dec. 23, 2002

29

Answer and affirmative defenses by Emergency Medicine as to the Intervening complaint (cg, Deputy Clerk) (Entered: 12/24/2002)

Dec. 23, 2002

Dec. 23, 2002

30

ANSWER to Complaint by Indian River Memoria (gp, Deputy Clerk) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

31

ANSWER to Intervenor-Plaintiff Gloria Farina, M.D. Complaint by Indian River Memoria (gp, Deputy Clerk) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

32

ORDER SETTING JURY TRIAL AND DIRECTING PRETRIAL PROCEDURES setting Deadline for filing of All Pretrial Motions by 12/9/03; Jury Trial set for 9:30 a.m. on 2/9/04; Pretrial Stipulation due on or before 12/29/03; Calendar Call set for 9:00 a.m. on 1/29/04; All Discovery Deadline 11/24/03; (Signed by Judge James C. Paine on 3/14/03) [EOD Date: 3/17/03] CCAP (at, Deputy Clerk) (Entered: 03/17/2003)

March 14, 2003

March 14, 2003

33

ORDER MANDATING MEDIATION referring case to mediation. 15 days to appoint mediator (Signed by Judge James C. Paine on 3/14/03) [EOD Date: 3/17/03] (at, Deputy Clerk) (Entered: 03/17/2003)

March 14, 2003

March 14, 2003

34

NOTICE of Unavailability by Emergency Medicine for dates of: 7/3/03 thru 7/20/03 (cg, Deputy Clerk) (Entered: 06/20/2003)

June 18, 2003

June 18, 2003

36

MOTION by Emergency Medicine for final summary judgment or in the alternative partial summary judgment (at, Deputy Clerk) (Entered: 11/17/2003)

Nov. 10, 2003

Nov. 10, 2003

37

MEMORANDUM OF LAW by Emergency Medicine in support of [36-1] motion for final summary judgment or in the alternative partial summary judgment (at, Deputy Clerk) (Entered: 11/17/2003)

Nov. 10, 2003

Nov. 10, 2003

38

NOTICE of Filing Depositions by Emergency Medicine (at, Deputy Clerk) (Entered: 11/17/2003)

Nov. 10, 2003

Nov. 10, 2003

39

DEPOSITION of Gloria Farina, MD (at, Deputy Clerk) (Entered: 11/17/2003)

Nov. 10, 2003

Nov. 10, 2003

40

VIDEOTAPED DEPOSITION of Gloria Farina MD Volume II (at, Deputy Clerk) (Entered: 11/17/2003)

Nov. 10, 2003

Nov. 10, 2003

41

VIDEOTAPED DEPOSITION of Gloria Farina MD volume III (at, Deputy Clerk) (Entered: 11/17/2003)

Nov. 10, 2003

Nov. 10, 2003

42

DEPOSITION of James Dozier MD Volume I (at, Deputy Clerk) (Entered: 11/17/2003)

Nov. 10, 2003

Nov. 10, 2003

43

DEPOSITION of James Dozier MD Volume II (at, Deputy Clerk) (Entered: 11/17/2003)

Nov. 10, 2003

Nov. 10, 2003

35

NOTICE of FILING ATTACHMENT TO EMA'S MOTION FOR FINAL SUMMARY JUDGMENT by Emergency Medicine (at, Deputy Clerk) (Entered: 11/17/2003)

Nov. 13, 2003

Nov. 13, 2003

44

MOTION with memorandum in support by Emergency Medicine for protective order from taking second deposition , and to quash subpoena (at, Deputy Clerk) (Entered: 11/19/2003)

Nov. 17, 2003

Nov. 17, 2003

45

ORDER OF REFERENCE Referring Motion(s) [44-1] motion for protective order from taking second deposition referred to Magistrate Frank J. Lynch, [44-2] motion to quash subpoena referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 11/19/03) [EOD Date: 11/20/03] (at, Deputy Clerk) (Entered: 11/20/2003)

Nov. 19, 2003

Nov. 19, 2003

46

UNOPPOSED JOINT MOTION by U.S. - EEOC, Gloria Farina to extend time to file responses to Emergency Medicine Associates motion for summary judgment (at, Deputy Clerk) (Entered: 11/21/2003)

Nov. 20, 2003

Nov. 20, 2003

47

Unopposed MOTION by U.S. - EEOC for substitution of Kenneth L. Gillespie as cnsl (cg, Deputy Clerk) (Entered: 11/21/2003)

Nov. 20, 2003

Nov. 20, 2003

49

MOTION with memorandum in support by U.S. - EEOC to compel discovery (at, Deputy Clerk) (Entered: 11/25/2003)

Nov. 24, 2003

Nov. 24, 2003

50

NOTICE OF WITHDRAWAL by Emergency Medicine of [44-1] motion for protective order from taking second deposition, [44-2] motion to quash subpoena (at, Deputy Clerk) (Entered: 11/26/2003)

Nov. 26, 2003

Nov. 26, 2003

51

JOINT MOTION with memorandum in support by U.S. - EEOC to extend time to file pretrial stipulation (at, Deputy Clerk) (Entered: 12/03/2003)

Dec. 2, 2003

Dec. 2, 2003

52

RESPONSE by Indian River Memoria to [49-1] motion to compel discovery (mh, Deputy Clerk) (Entered: 12/05/2003)

Dec. 4, 2003

Dec. 4, 2003

53

ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME TO FILE PRETRIAL STIPULATION granting [51-1] motion to extend time to file pretrial stipulation. Parties shall have until and including 1/9/03 within which to provide their Pretrial Stipulation. (Signed by Judge James C. Paine on 12/4/03) [EOD Date: 12/8/03] (at, Deputy Clerk) (Entered: 12/08/2003)

Dec. 5, 2003

Dec. 5, 2003

54

ORDER GRANTING UNOPPOSED SUBSTITUTION OF COUNSEL granting [47-1] motion for substitution of Kenneth L. Gillespie as cnsl. Rachel H. Shonfield shall be relieved as counsel for the Plaintiff EEOC. All further papers and pleadings shall be served on substitute counsel for plaintiff Kenneth L. Gillespie. (Signed by Judge James C. Paine on 12/1/03) [EOD Date: 12/8/03] (at, Deputy Clerk) (Entered: 12/08/2003)

Dec. 5, 2003

Dec. 5, 2003

55

NOTICE OF WITHDRAWAL by Emergency Medicine of [36-1] motion for final summary judgment or in the alternative partial summary judgment (at, Deputy Clerk) (Entered: 12/09/2003)

Dec. 8, 2003

Dec. 8, 2003

56

AMENDED NOTICE OF WITHDRAWAL by Emergency Medicine of [36-1] motion for final summary judgment or in the alternative partial summary judgment (at, Deputy Clerk) (Entered: 12/11/2003)

Dec. 10, 2003

Dec. 10, 2003

57

NOTICE of Filing Consent Decree by U.S. - EEOC (at, Deputy Clerk) (Entered: 12/11/2003)

Dec. 10, 2003

Dec. 10, 2003

58

FINAL report of Mediator. Disposition: Settled (lh, Deputy Clerk) (Entered: 12/22/2003)

Dec. 18, 2003

Dec. 18, 2003

59

CONSENT DECREE (Signed by Judge James C. Paine on 12/23/03) [EOD Date: 12/24/03] (at, Deputy Clerk) (Entered: 12/24/2003)

Dec. 23, 2003

Dec. 23, 2003

60

ORDER DIRECTING CLERK'S OFFICE TO CLOSE CASE The Clerk's Office CLOSE this case and deny all pending motions without prejudice as MOOT. (Signed by Judge James C. Paine on 1/12/04) [EOD Date: 1/13/04] (at, Deputy Clerk) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

CASE CLOSED. Case and Motions no longer referred to Magistrate. (at, Deputy Clerk) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

Case Details

State / Territory: Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: May 1, 2002

Closing Date: Jan. 12, 2004

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

Indian River Memorial Hospital, Inc. (Vero Beach, FL), Private Entity/Person

Emergiency Medicine Associates, Inc. (Vero Beach, FL), 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: 500000

Order Duration: 2003 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit