Case: EEOC v. CALDER RACE COURSE, INC.

1:97-cv-04223 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 18, 1997

Closed Date: Sept. 23, 1999

Clearinghouse coding complete

Case Summary

In December 1997, the Miami District Office of the EEOC filed this claim against Calder Race Course, Inc. in the U.S. District Court for the Southern District of Florida alleging discrimination on the basis of age in violation of the Age Discrimination in Employment Act of 1967. Specifically, the complaint alleged that the defendant discriminated against the four complainants, employees over 65, by firing them from their positions and replacing them with younger and less experienced workers. Following extensive discovery and a referral to mediation, the defendant was granted summary judgment in March 1999. The EEOC appealed to the Court of Appeals for the 11th Circuit in May 1999, which dismissed the case in September 1999.

Summary Authors

Daisy Manning (10/25/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10910787/parties/equal-employment-v-calder-race-course/


Judge(s)

Ungaro, Ursula Mancusi (Florida)

Attorney for Plaintiff

Farrell, Michael J. (Florida)

Lowe, Eve G. (Florida)

Attorney for Defendant

Isicoff, Eric David (Florida)

Ragatz, Teresa (Florida)

Documents in the Clearinghouse

Documents in this case

99-11532

Docket [U.S.C.A 11th Circuit]

EEOC v. Calder Race Course, Inc.

U.S. Court of Appeals for the Eleventh Circuit

March 4, 2002

March 4, 2002

Docket

1:97-cv-04223

Docket

EEOC v. Calder Race Course, Inc.

March 4, 2002

March 4, 2002

Docket
1

1:97-cv-04223

Complaint

EEOC v. Calder Race Course, Inc.

Dec. 18, 1997

Dec. 18, 1997

Complaint
12

1:97-cv-04223

Amended Complaint

EEOC v. Calder Race Course, Inc.

May 1, 1998

May 1, 1998

Complaint
55

1:97-cv-04223

Order [RE: Defense Motion for Summary Judgment]

EEOC v. Calder Race Course, Inc.

March 31, 1999

March 31, 1999

Order/Opinion
56

1:97-cv-04223

Administrative Order Closing Case

EEOC v. Calder Race Course, Inc.

March 31, 1999

March 31, 1999

Order/Opinion
73

99-11532

Order of Dismissal from U.S.C.A

EEOC v. Calder Race Course, Inc.

U.S. Court of Appeals for the Eleventh Circuit

Sept. 15, 1999

Sept. 15, 1999

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10910787/equal-employment-v-calder-race-course/

Last updated Sept. 28, 2026, 4:04 p.m.

Docket for: Equal Employment v. Calder Race Course
ECF Number Date Description Link
1 Dec. 18, 1997

COMPLAINT, jury trial demand, injunctive relief sought filed; FILING FEE waived; LRJ; A-7 (gz, Deputy Clerk) (Entered: 12/22/1997)

RECAP
2 Dec. 18, 1997

SUMMONS(ES) issued for Calder Race Course (gz, Deputy Clerk) (Entered: 12/22/1997)

RECAP
Dec. 18, 1997

Magistrate identification: Magistrate Judge Linnea R. Johnson (gz, Deputy Clerk)

3 Jan. 15, 1998

ORDER set scheduling conference for 11:00 3/27/98 before Judge Ursula Ungaro-Benages ( signed by Judge Ursula Ungaro-Benages on 1/12/98) CCAP (Former Deputy Clerk) (Entered: 01/23/1998)

RECAP
4 Feb. 2, 1998

Answer and affirmative defenses by Calder Race Course; Demand by Calder Race Course for recovery of attorney fees (Former Deputy Clerk) (Entered: 02/05/1998)

RECAP
5 March 13, 1998

JOINT Scheduling Report of Scheduling Meeting by Equal Employment (tb, Deputy Clerk) (Entered: 03/17/1998)

RECAP
6 March 31, 1998

ORDER referring case to mediation. 15 days to appoint mediator ( signed by Judge Ursula Ungaro-Benages on 3/27/98) CCAP (tb, Deputy Clerk) (Entered: 04/02/1998)

RECAP
7 March 31, 1998

ORDER set pretrial conference for 11:30 10/23/98 before Judge Ursula Ungaro-Benages, set discovery due for 7/24/98, set motion filing deadline for 8/28/98, set pretrial stipulation due for 9/18/98 before Judge Ursula Ungaro-Benages, set calendar call for 1:00 11/18/98 before Judge Ursula Ungaro-Benages, set Jury trial for 9:00 11/23/98 before Judge Ursula Ungaro-Benages ( signed by Judge Ursula Ungaro-Benages on 3/28/98) CCAP (tb, Deputy Clerk) (Entered: 04/02/1998)

RECAP
8 April 15, 1998

Notice of compliance: by Calder Race Course, Equal Employment with [6-1] referral/referred order (tb, Deputy Clerk) (Entered: 04/17/1998)

RECAP
9 April 17, 1998

ORDER appointing Mediator Gerald Wetherington and scheduling mediation conference for 8/7/98 at 10:00 ( signed by Judge Ursula Ungaro-Benages on 4/16/98) CCAP (tb, Deputy Clerk) (Entered: 04/21/1998)

RECAP
10 April 23, 1998

MOTION by Equal Employment for reconsideration of [7-7] order (tb, Deputy Clerk) (Entered: 04/28/1998)

RECAP
11 April 23, 1998

MEMORANDUM by Equal Employment in support of [10-1] motion for reconsideration of [7-7] order (tb, Deputy Clerk) (Entered: 04/28/1998)

RECAP
12 May 1, 1998

UNOPPOSED MOTION by Equal Employment to amend [1-1] complaint (Former Deputy Clerk) (Entered: 05/05/1998)

RECAP
13 May 1, 1998

MEMORANDUM by Equal Employment in support of [12-1] motion to amend [1-1] complaint (Former Deputy Clerk) (Entered: 05/05/1998)

RECAP
14 May 5, 1998

ORDER granting [12-1] motion to amend [1-1] complaint ( signed by Judge Ursula Ungaro-Benages on 5/4/98) CCAP (tb, Deputy Clerk) (Entered: 05/07/1998)

RECAP
15 May 8, 1998

ORDER denying [10-1] motion for reconsideration of [7-7] order ( signed by Judge Ursula Ungaro-Benages on 5/8/98) CCAP (Former Deputy Clerk) (Entered: 05/12/1998)

RECAP
16 May 18, 1998

MOTION by Calder Race Course for attorney fees (tb, Deputy Clerk) (Entered: 05/21/1998)

RECAP
17 May 19, 1998

ORDER set pretrial conference for 11:30 10/23/98 before Judge Ursula Ungaro-Benages, set discovery deadline for 7/24/98, set motion filing deadline for 8/28/98, set pretrial stipulation due for 9/18/98 before Judge Ursula Ungaro-Benages, set calendar call for 1:00 11/18/98 before Judge Ursula Ungaro-Benages, set Jury trial for 9:00 11/23/98 before Judge Ursula Ungaro-Benages ( signed by Judge Ursula Ungaro-Benages on 5/11/98) CCAP (tb, Deputy Clerk) (Entered: 05/21/1998)

RECAP
18 July 31, 1998

MOTION by Calder Race Course to continue mediation deadline (sk, Deputy Clerk) (Entered: 08/06/1998)

RECAP
19 Aug. 3, 1998

ORDER granting [18-1] motion to continue mediation deadline ( signed by Judge Ursula Ungaro-Benages on 8/3/98) CCAP (sk, Deputy Clerk) (Entered: 08/07/1998)

RECAP
20 Aug. 28, 1998

MOTION by Calder Race Course for summary judgment (Former Deputy Clerk) (Entered: 09/17/1998)

RECAP
21 Aug. 28, 1998

NOTICE of filing deposition transcripts and affidavit by Calder Race Course (wj, Deputy Clerk) (Entered: 09/01/1998)

RECAP
22 Aug. 28, 1998

DEPOSITION of Robert J. Anderson (wj, Deputy Clerk) (Entered: 09/01/1998)

RECAP
23 Aug. 28, 1998

DEPOSITION of Arthur G. Carratt (wj, Deputy Clerk) (Entered: 09/01/1998)

RECAP
24 Aug. 28, 1998

DEPOSITION of Stanley Corcell (wj, Deputy Clerk) (Entered: 09/01/1998)

RECAP
25 Aug. 28, 1998

DEPOSITION of Frank Poer (wj, Deputy Clerk) (Entered: 09/01/1998)

RECAP
26 Aug. 28, 1998

DEPOSITION of Don Zumberg (wj, Deputy Clerk) (Entered: 09/01/1998)

RECAP
27 Aug. 28, 1998

DEPOSITION of Kathy Hidalgo (wj, Deputy Clerk) (Entered: 09/01/1998)

RECAP
28 Aug. 28, 1998

DEPOSITION of Raymond Loretto (wj, Deputy Clerk) (Entered: 09/01/1998)

RECAP
29 Aug. 28, 1998

DEPOSITION of John Gantz (wj, Deputy Clerk) (Entered: 09/01/1998)

RECAP
30 Aug. 28, 1998

AFFIDAVIT OF PATRICK MAHONY by Calder Race Course Re: [21-1] notice (wj, Deputy Clerk) (Entered: 09/01/1998)

RECAP
31 Sept. 9, 1998

FINAL report of Mediator. Disposition: impasse (wj, Deputy Clerk) (Entered: 09/14/1998)

RECAP
32 Sept. 15, 1998

RESPONSE by Equal Employment to [20-1] motion for summary judgment (Former Deputy Clerk) (Entered: 09/17/1998)

RECAP
33 Sept. 15, 1998

AFFIDAVIT of Michael Farrell by Equal Employment in support of [32-1] motion response (Former Deputy Clerk) (Entered: 09/17/1998)

RECAP
34 Sept. 15, 1998

Statement of material facts in dispute by Equal Employment (Former Deputy Clerk) (Entered: 09/17/1998)

RECAP
35 Sept. 18, 1998

JOINT MOTION by Calder Race Course, Equal Employment to extend time to file joint pretrial stipulation and joint jury instructions (ra, Deputy Clerk) (Entered: 09/23/1998)

RECAP
36 Sept. 23, 1998

ORDER granting [35-1] joint motion to extend time to file joint pretrial stipulation and joint jury instructions ( signed by Judge Ursula Ungaro-Benages on 9/23/98) CCAP (sk, Deputy Clerk) (Entered: 09/30/1998)

RECAP
37 Sept. 28, 1998

PRETRIAL STIPULATION by Equal Employment, Calder Race Course (sk, Deputy Clerk) (Entered: 10/01/1998)

RECAP
38 Sept. 28, 1998

REPLY by Calder Race Course to response to [20-1] motion for summary judgment (sk, Deputy Clerk) (Entered: 10/01/1998)

RECAP
39 Sept. 28, 1998

NOTICE of filing depositions of Mahoney, others by Calder Race Course (sk, Deputy Clerk) (Entered: 10/01/1998)

RECAP
40 Sept. 28, 1998

DEPOSITION of Patrick Mahoney (sk, Deputy Clerk) (Entered: 10/01/1998)

RECAP
41 Sept. 28, 1998

DEPOSITION of Edward Mackey (sk, Deputy Clerk) (Entered: 10/01/1998)

RECAP
42 Sept. 28, 1998

DEPOSITION of Betty Comegys (sk, Deputy Clerk) (Entered: 10/01/1998)

RECAP
43 Oct. 2, 1998

NOTICE of filing attached proposed verdict form by Calder Race Course (Former Deputy Clerk) (Entered: 10/06/1998)

RECAP
44 Oct. 2, 1998

NOTICE of filing attached proposed jury instructions by Calder Race Course (Former Deputy Clerk) (Entered: 10/06/1998)

RECAP
45 Oct. 2, 1998

NOTICE of filing proposed jury instuctions and verdict form by Equal Employment (Former Deputy Clerk) (Entered: 10/06/1998)

RECAP
46 Oct. 2, 1998

Proposed Jury instructions and verdict form by Equal Employment (Former Deputy Clerk) (Entered: 10/06/1998)

RECAP
47 Oct. 26, 1998

NOTICE of change of attorney's phone number by Equal Employment (sk, Deputy Clerk) (Entered: 10/30/1998)

RECAP
48 Oct. 27, 1998

SCHEDULING ORDER setting Pretrial conference for 9:30 1/8/99 ; Calendar call set for 1:00 2/10/99 Jury trial set for 9:00 2/15/99 ( signed by Judge Ursula Ungaro-Benages on 10/23/98) CCAP (sk, Deputy Clerk) (Entered: 10/30/1998)

RECAP
49 Jan. 12, 1999

ORDER reset pretrial conference for 10:30 3/26/99 before Judge Ursula Ungaro-Benages, reset calendar call for 1:00 4/21/99 before Judge Ursula Ungaro-Benages, reset Jury trial for 9:00 4/26/99 before Judge Ursula Ungaro-Benages ( signed by Judge Ursula Ungaro-Benages on 1/8/99) CCAP (tb, Deputy Clerk) (Entered: 01/13/1999)

RECAP
50 Jan. 27, 1999

ORDER that no later than 2/12/99, the plaintiff shall file an amended statement of material facts ( signed by Judge Ursula Ungaro-Benages on 1/26/99) CCAP (tb, Deputy Clerk) (Entered: 01/29/1999)

RECAP
51 Feb. 8, 1999

AMENDED Statement of material facts in dispute by Equal Employment (tb, Deputy Clerk) (Entered: 02/10/1999)

RECAP
52 Feb. 22, 1999

MOTION with memorandum in support by Equal Employment for leave to file to compel defendant to supplement its response to number 5 of plaintiffs request for production (Former Deputy Clerk) (Entered: 02/24/1999)

RECAP
53 March 8, 1999

MEMORANDUM by Calder Race Course in opposition to [52-1] motion for leave to file to compel defendant to supplement its response to number 5 of plaintiffs request for production (ra, Deputy Clerk) (Entered: 03/12/1999)

RECAP
54 March 18, 1999

REPLY by Equal Employment to response to [52-1] motion for leave to file to compel defendant to supplement its response to number 5 of plaintiffs request for production (tb, Deputy Clerk) (Entered: 03/23/1999)

RECAP
55 March 31, 1999

ORDER denying [20-1] motion for summary judgment ( signed by Judge Ursula Ungaro-Benages on 3/31/99) CCAP (tb, Deputy Clerk) (Entered: 04/01/1999)

RECAP
56 March 31, 1999

ADMINISTRATIVE ORDER closing case ( signed by Judge Ursula Ungaro-Benages on 3/31/99) CCAP (tb, Deputy Clerk) (Entered: 04/01/1999)

RECAP
March 31, 1999

CASE CLOSED. Case and Motions no longer referred to Magistrate. (tb, Deputy Clerk)

57 April 30, 1999

MOTION by Calder Race Course to Tax Costs (tb, Deputy Clerk) (Entered: 05/04/1999)

RECAP
58 May 10, 1999

ORDER of Magistrate Judge reassignment to Magistrate Judge Stephen T. Brown ( signed by Judge Ursula Ungaro-Benages on 5/10/99) CCAP (tb, Deputy Clerk) (Entered: 05/12/1999)

RECAP
59 May 10, 1999

ORDER Referring Motion(s) [57-1] motion to Tax Costs referred to Magistrate Stephen T. Brown ( signed by Judge Ursula Ungaro-Benages on 5/10/99) (tb, Deputy Clerk) (Entered: 05/12/1999)

RECAP
May 10, 1999

Magistrate identification: Magistrate Judge Stephen T. Brown (tb, Deputy Clerk)

60 May 14, 1999

RESPONSE by Equal Employment to [57-1] motion to Tax Costs (tb, Deputy Clerk) (Entered: 05/18/1999)

RECAP
61 May 19, 1999

Transcript filed re: Pretrial Conference held 3/29/99 before Judge Ursula Ungaro Benages Volume #: 1 of 1 page 1-49 (ra, Deputy Clerk) (Entered: 05/24/1999)

RECAP
62 May 20, 1999

MOTION by Calder Race Course for leave to file certificate of counsel out of time, certificate of counsel and defendant's reply memorandum in support of motion for award of costs (tb, Deputy Clerk) (Entered: 05/26/1999)

RECAP
63 May 28, 1999

NOTICE OF APPEAL by Equal Employment of [55-1] order . EOD Date: 4/1/99; Filing Fee: $ FEE NOT PAID; Copies to USCA and Counsel of Record. (Former Deputy Clerk) (Entered: 06/02/1999)

RECAP
64 June 4, 1999

ORDER denying [57-1] motion to Tax Costs ( Signed by Magistrate Stephen T. Brown on 6/2/99) CCAP [EOD Date: 6/7/99] (tb, Deputy Clerk) (Entered: 06/07/1999)

RECAP
65 June 7, 1999

MOTION by Calder Race Course for reconsideration of [64-1] order (tb, Deputy Clerk) (Entered: 06/08/1999)

RECAP
June 14, 1999

NOTICE of Receipt of Transmittal Letter from USCA Re: [63-1] appeal by Equal Employment USCA NUMBER: 99-11532-H (sn, Deputy Clerk)

66 June 23, 1999

RESPONSE by Equal Employment in opposition to [65-1] motion for reconsideration of [64-1] order, [65-1] opposition response (tb, Deputy Clerk) (Entered: 06/29/1999)

RECAP
June 23, 1999

Appeal Information Sheet re: as to Equal Employment [63-1] appeal by Equal Employment. Transcript of Pre-Trial Proceedings on 3/29/99 requested and filed on 6/23/99. Appeal Record due on 7/7/99. (sn, Deputy Clerk)

67 June 29, 1999

REPLY MEMORANDUM by Calder Race Course in support of [66-1] opposition response (tb, Deputy Clerk) (Entered: 07/01/1999)

RECAP
68 July 2, 1999

ORDER granting [65-1] motion for reconsideration of [64-1] order vacating [64-1] order pending outcome of appeal ( Signed by Magistrate Stephen T. Brown on 7/2/99) CCAP [EOD Date: 7/8/99] (vp, Deputy Clerk) (Entered: 07/08/1999)

RECAP
July 14, 1999

Certificate of readiness as to Equal Employment transmitted to USCA Re: [63-1] appeal by Equal Employment USCA NUMBER: 99-11532-H (Former Deputy Clerk)

July 14, 1999

Transmitted record on appeal as to Equal Employment to U.S. Court of Appeals (Miami Office) consisting of 2 volumes of pleadings, 1 volume of transcript, and 2 accordion folders #1 containing DE's #'s 22 thru 27 and #2 DE's #'s 28,29,40,41, & 42: [63-1] appeal by Equal Employment USCA #99-11532-H. (Former Deputy Clerk)

July 29, 1999

ACKNOWLEDGMENT of receipt by U.S.C.A. of: C.O.R on 7/19/99 U.S.C.A. # 99-11532-H (nc, Deputy Clerk)

69 Aug. 16, 1999

MOTION by Calder Race Course for award of Costs (tb, Deputy Clerk) (Entered: 08/17/1999)

RECAP
70 Aug. 17, 1999

ORDER Referring Motion(s) [69-1] motion for award of Costs referred to Magistrate Stephen T. Brown ( signed by Judge Ursula Ungaro-Benages on 8/17/99) [EOD Date: 8/19/99] (tb, Deputy Clerk) (Entered: 08/19/1999)

RECAP
71 Sept. 2, 1999

RESPONSE by Equal Employment to [69-1] motion for award of Costs (tb, Deputy Clerk) (Entered: 09/03/1999)

RECAP
72 Sept. 13, 1999

REPLY MEMORANDUM by Calder Race Course in support of [69-1] motion for award of Costs (tb, Deputy Clerk) (Entered: 09/15/1999)

RECAP
73 Sept. 15, 1999

ORDER of dismissal from USCA (certified copy) dismissing [63-1] appeal pursuant to appellant's motion for voluntary dismissal USCA #: 99-11532-HH USCA Order Date: 9/7/99 (Former Deputy Clerk) (Entered: 09/23/1999)

RECAP
74 Sept. 27, 1999

ORDER granting [69-1] motion for award of Costs ( Signed by Magistrate Stephen T. Brown on 9/24/99) CCAP [EOD Date: 9/28/99] (tb, Deputy Clerk) (Entered: 09/28/1999)

RECAP
75 Dec. 15, 1999

ORDER denying as moot [62-1] motion for leave to file certificate of counsel out of time, certificate of counsel and defendant's reply memorandum in support of motion for award of costs ( Signed by Judge Ursula Ungaro-Benages on 12/15/99) CCAP [EOD Date: 12/16/99] (tb, Deputy Clerk) (Entered: 12/16/1999)

RECAP
March 4, 2002

Record on appeal returned from U.S. Court of Appeals (Miami Office) consisting of 2 volumes of pleadings, 1 volume of transcript, and 2 accordion folders: [63-1] appeal by Equal Employment USCA #: 99-11532-HH (Former Deputy Clerk)

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: Dec. 18, 1997

Closing Date: Sept. 23, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Calder Race Course, Inc.

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Other Dockets:

Southern District of Florida 1:97-cv-04223

U.S. Court of Appeals for the Eleventh Circuit 99-11532

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Hiring

Discrimination Basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits

Recommended Citation