Case: Jones v. City of Fort Lauderdale, Florida

0:02-cv-60652 | U.S. District Court for the Southern District of Florida

Filed Date: May 10, 2002

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On May 10, 2002, the United States filed a lawsuit under Title VII against the City of Fort Lauderdale in the U.S. District Court for the Southern District of Florida, alleging that City's Public Services Department discriminated against an employee on the basis of his race. Specifically, the United States contended that the defendant failed or refused to promote an employee to the position of Engineering Inspector because he was an African-American, and that the defendant failed or refused to …

On May 10, 2002, the United States filed a lawsuit under Title VII against the City of Fort Lauderdale in the U.S. District Court for the Southern District of Florida, alleging that City's Public Services Department discriminated against an employee on the basis of his race. Specifically, the United States contended that the defendant failed or refused to promote an employee to the position of Engineering Inspector because he was an African-American, and that the defendant failed or refused to take appropriate action to remedy fully the effects of the discrimination against this employee. Furthermore, the United States alleged that the City of Fort Lauderdale subjected the employee to harassment that adversely affected the terms, conditions, and privileges of his employment because he opposed the discriminatory employment practices, filed an internal complaint of discrimination with the City, and filed a charge of discrimination with the Equal Employment Opportunity Commission. The United States sought injunctive and monetary relief.

The defendant eventually promoted the employee to the position of Engineering Inspector I in September 1998, but did not receive back pay or other relief. The defendant denied the United States' allegations and further denied that it had engaged in any unlawful employment discrimination, harassment, or retaliation in violation of Title VII.

On January 13, 2003, the plaintiffs and the defendant agreed to enter into a consent decree ordered by the district court (Judge Donald L. Graham). The City of Fort Lauderdale agreed not to engage in any act that unlawfully discriminates against any employee or potential employee because of that individual's race. The City further agreed that it would not retaliate against any person in a manner prohibited by Title VII of the Civil Rights Act of 1964 because that person made an internal complaint of discrimination; filed a charge of discrimination with the EEOC, the Florida Commission on Human Relations, or the Broward County Human Rights Division; participated in or cooperated with the initiation, investigation, litigation or administration of this settlement agreement; or provided information to the Department of Justice. Furthermore, the city of Fort Lauderdale agreed to post anti-discrimination and anti-harassment policies in a prominent and conspicuous location in City Hall and in the Department of Public Services.

Additionally, the City agreed to arrange mandatory training for all employees. While this settlement agreement remains in effect, the city will maintain all records related to the filling of vacancies for Engineering Inspector I positions for each hiring event, application period, test administration, and phase of any test administration, and the Department of Justice can request to see them in order to monitor the city's compliance.

The docket ends on December 7, 2005 with the district court (Judge Graham) entering and order dismissing the case with prejudice.

Summary Authors

Dana Schwarz (11/6/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11696698/parties/jones-v-fort-lauderdale/


Judge(s)

Garber, Barry L. (Florida)

Graham, Donald L. (Florida)

Attorneys(s) for Plaintiff

Ashcroft, John (District of Columbia)

Burrows, Charlotte (District of Columbia)

Clark, Carolyn (District of Columbia)

Clyne, Reginald John (Florida)

Hermann, Robyn Juanita (Florida)

Jimenez, Marcos Daniel (Florida)

Attorneys(s) for Defendant

Latimer, Henry (Florida)

Leder, Debra M (Florida)

Judge(s)

Garber, Barry L. (Florida)

Graham, Donald L. (Florida)

Attorneys(s) for Plaintiff

Ashcroft, John (District of Columbia)

Burrows, Charlotte (District of Columbia)

Clark, Carolyn (District of Columbia)

Clyne, Reginald John (Florida)

Hermann, Robyn Juanita (Florida)

Jimenez, Marcos Daniel (Florida)

Attorneys(s) for Defendant

Latimer, Henry (Florida)

Leder, Debra M (Florida)

Rogers, Gordon Dean (Florida)

Expert/Monitor/Master

Boyd, Ralph F. Jr. (District of Columbia)

Martin, Marybeth (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

Jones v. Fort Lauderdale

Dec. 7, 2005 Docket
1

Complaint and Demand for Jury Trial

Elgin O. Jones v. City of Fort Lauderdale, Florida

May 10, 2002 Complaint

Settlement Agreement

Elgin O. Jones v. City of Fort Lauderdale, Florida

Jan. 13, 2003 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11696698/jones-v-fort-lauderdale/

Last updated May 13, 2022

ECF Number Description Date Link
1

DEMAND for jury trial by Elgin O. Jones (Former Deputy Clerk) (Entered: 05/13/2002)

May 10, 2002 RECAP
2

SUMMONS(ES) issued for Fort Lauderdale (wc, Deputy Clerk) (Entered: 05/23/2002)

May 22, 2002 PACER
3

MOTION with memorandum in support by Fort Lauderdale for more definite statement (wc, Deputy Clerk) (Entered: 06/18/2002)

June 17, 2002 PACER
4

MOTION with memorandum in support by Fort Lauderdale to dismiss certain claims in Complaint, and/or to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous (wc, Deputy Clerk) (Entered: 06/18/2002)

June 17, 2002 PACER
5

UNOPPOSED MOTION by Elgin O. Jones to extend time to respond to motion to dismiss and/or strike and motion for more definite statement (wc, Deputy Clerk) (Entered: 07/01/2002)

June 28, 2002 PACER
6

ORDER granting in part [5-1] motion to extend time to respond to motion to dismiss and/or strike and motion for more definite statement Response to motion reset to 7/29/02 for [4-1] motion to dismiss certain claims in Complaint, reset to 7/29/02 for [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous, reset to 7/29/02 for [3-1] motion for more definite statement ( Signed by Judge Donald L. Graham on 7/1/02) [EOD Date: 7/3/02] (wc, Deputy Clerk) (Entered: 07/03/2002)

July 2, 2002 PACER
7

RETURN OF SERVICE executed for Fort Lauderdale on 5/28/02 Answer due on 6/17/02 for Fort Lauderdale (nt, Deputy Clerk) (Entered: 07/23/2002)

July 22, 2002 PACER
8

RESPONSE by Elgin O. Jones in opposition to [3-1] motion for more definite statement (ra, Deputy Clerk) (Entered: 07/29/2002)

July 26, 2002 PACER
9

RESPONSE by Elgin O. Jones to [4-1] motion to dismiss certain claims in Complaint, [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous (ra, Deputy Clerk) (Entered: 07/29/2002)

July 26, 2002 PACER
10

REPLY by Fort Lauderdale to response to [3-1] motion for more definite statement (wc, Deputy Clerk) (Entered: 08/05/2002)

Aug. 2, 2002 PACER
11

REPLY by Fort Lauderdale to response to [4-1] motion to dismiss certain claims in Complaint, [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous (wc, Deputy Clerk) (Entered: 08/05/2002)

Aug. 2, 2002 PACER
12

NOTICE set status conference for 3:35 9/18/02 before Judge Donald L. Graham ( Signed by Judge Donald L. Graham on 8/26/02) [EOD Date: 8/28/02] (wc, Deputy Clerk) (Entered: 08/28/2002)

Aug. 27, 2002 PACER
13

NOTICE of Conflict with Other Action by Elgin O. Jones (wc, Deputy Clerk) (Entered: 09/03/2002)

Aug. 30, 2002 PACER
14

NOTICE of Unavailability by Elgin O. Jones through 10/4/02 (wc, Deputy Clerk) (Entered: 09/06/2002)

Sept. 5, 2002 PACER
15

ORDER granting [13-1] motion reset status conference for 3:35 10/30/02 before Judge Donald L. Graham ( Signed by Judge Donald L. Graham on 9/5/02) [EOD Date: 9/9/02] (wc, Deputy Clerk) (Entered: 09/09/2002)

Sept. 6, 2002 PACER
16

JOINT STATUS REPORT by Elgin O. Jones, Fort Lauderdale (wc, Deputy Clerk) (Entered: 09/09/2002)

Sept. 6, 2002 PACER
17

ELECTION to Jurisdiction by Magistrate for discovery motions by Elgin O. Jones, Fort Lauderdale (wc, Deputy Clerk) (Entered: 09/09/2002)

Sept. 6, 2002 PACER
18

NOTICE OF SIMILAR ACTION AND MOTION by Elgin O. Jones to consolidate (Former Deputy Clerk) (Entered: 10/08/2002)

Oct. 7, 2002 PACER
19

ORDER denying as moot [18-1] motion to consolidate ( Signed by Judge Donald L. Graham on 10/10/02) [EOD Date: 10/11/02] (wc, Deputy Clerk) (Entered: 10/11/2002)

Oct. 10, 2002 PACER
20

ORDER consolidating case 02-61252-Civ-Graham into this one [see Order for full details] ( Signed by Judge Donald L. Graham on 10/10/02) [EOD Date: 10/11/02] (wc, Deputy Clerk) (Entered: 10/11/2002)

Oct. 10, 2002 PACER
21

STIPULATION by United States In Re: consent to jurisdiction by a US Magistrate Judge for final disposition; this consent is not for motions for dismissal, summary judgment, jury or all pretrial motions (hd, Deputy Clerk) (Entered: 10/17/2002)

Oct. 16, 2002 PACER
22

MEMORANDUM by Fort Lauderdale in opposition to [4-1] motion to dismiss certain claims in Complaint, [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous, [3-1] motion for more definite statement (hd, Deputy Clerk) (Entered: 10/17/2002)

Oct. 16, 2002 PACER

Consolidated Lead Case (dg, Deputy Clerk)

Oct. 17, 2002 PACER
23

Joint Scheduling Report of Scheduling Meeting by Fort Lauderdale, United States (dg, Deputy Clerk) (Entered: 10/21/2002)

Oct. 18, 2002 PACER
24

REPLY MEMORANDUM by Fort Lauderdale in support of [4-1] motion to dismiss certain claims in Complaint, [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous (tb, Deputy Clerk) (Entered: 10/28/2002)

Oct. 25, 2002 PACER
25

ORDER denying [4-1] motion to dismiss certain claims in Complaint, denying [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous, denying [3-1] motion for more definite statement ( Signed by Judge Donald L. Graham on 10/30/02) [EOD Date: 10/31/02] (dg, Deputy Clerk) (Entered: 10/31/2002)

Oct. 30, 2002 PACER

Status conference held before Judge Donald L. Graham (dg, Deputy Clerk)

Oct. 30, 2002 PACER
26

Minutes of status conference held before Judge Donald L. Graham on 10/30/02; Court Reporter Name or Tape #: Barbara Medina (dg, Deputy Clerk) (Entered: 11/01/2002)

Oct. 30, 2002 PACER
27

ORDER REFERRING ALL DISCOVERY MOTIONS to Magistrate Judge Garber ( Signed by Judge Donald L. Graham on 10/31/02) CCAP [EOD Date: 11/1/02] (dg, Deputy Clerk) (Entered: 11/01/2002)

Oct. 31, 2002 PACER
28

ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Donald L. Graham on 10/31/02) [EOD Date: 11/1/02] (dg, Deputy Clerk) (Entered: 11/01/2002)

Oct. 31, 2002 PACER
29

SCHEDULING ORDER setting Deadline for filing of all motions by 6/30/03 Jury trial set for 9/8/03 Pretrial Stipulation due on or before 7/28/03 Calendar call set for 3:30 9/3/03 Discovery cutoff 6/23/03 ; Pretrial conference for 4:00 8/6/03 ; ( Signed by Judge Donald L. Graham on 10/31/02) [EOD Date: 11/1/02] CCAP (dg, Deputy Clerk) (Entered: 11/01/2002)

Oct. 31, 2002 PACER
30

MOTION by Fort Lauderdale for revised order regarding mediation (dg, Deputy Clerk) (Entered: 11/13/2002)

Nov. 12, 2002 PACER
31

REVISED ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Donald L. Graham on 11/13/02) [EOD Date: 11/15/02] (dg, Deputy Clerk) (Entered: 11/15/2002)

Nov. 14, 2002 PACER
32

Answer and affirmative defenses by Fort Lauderdale (dg, Deputy Clerk) (Entered: 11/15/2002)

Nov. 14, 2002 PACER
33

MOTION with memorandum in support by Elgin O. Jones to intervene as plaintiff, and for leave to amend [1-1] complaint [prp amd cmplt attached] (dg, Deputy Clerk) (Entered: 11/26/2002)

Nov. 25, 2002 PACER
34

NOTICE of Mediation Hearing on 12/12/02 at 9:00 Melvin Rubin added as mediator (dp, Deputy Clerk) (Entered: 11/27/2002)

Nov. 26, 2002 PACER
35

NOTICE of filing of proposed order scheduling mediation by United States (dg, Deputy Clerk) (Entered: 12/02/2002)

Nov. 27, 2002 PACER
36

ORDER SCHEDULING MEDIATION before Mediator: for 12/12/02 @ 9am ( Signed by Judge Donald L. Graham on 12/4/02) [EOD Date: 12/5/02] (dg, Deputy Clerk) (Entered: 12/05/2002)

Dec. 4, 2002 PACER
37

ORDER that USA and City of FTL are directed to respond to Jone's motion to intervene within the time required by the FRCP (Signed by Judge Donald L. Graham on 12/4/02) [EOD Date: 12/6/02] (dg, Deputy Clerk) (Entered: 12/06/2002)

Dec. 5, 2002 PACER
38

RESPONSE by Fort Lauderdale to [33-1] motion to intervene as plaintiff, [33-2] motion for leave to amend [1-1] complaint (dg, Deputy Clerk) (Entered: 12/10/2002)

Dec. 9, 2002 PACER
39

RESPONSE by Elgin O. Jones to [33-1] motion to intervene as plaintiff, [33-2] motion for leave to amend [1-1] complaint (dg, Deputy Clerk) (Entered: 12/12/2002)

Dec. 11, 2002 PACER
40

NOTICE of Unavailability by Elgin O. Jones for dates of: 12/19/02 thru 12/30/02 (dg, Deputy Clerk) (Entered: 12/13/2002)

Dec. 12, 2002 PACER
41

NOTICE of attorney appearance for Fort Lauderdale by Henry Latimer (dg, Deputy Clerk) (Entered: 12/19/2002)

Dec. 18, 2002 PACER
42

NOTICE of Change of Address of attorney by Fort Lauderdale (dg, Deputy Clerk) (Entered: 12/30/2002)

Dec. 27, 2002 PACER
43

NOTICE of court practice upon notice of settlement and ORDER denying all pending motions as moot and closing case (Signed by Judge Donald L. Graham on 12/30/02) [EOD Date: 1/2/03] (dg, Deputy Clerk) (Entered: 01/02/2003)

Dec. 31, 2002 PACER

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

Dec. 31, 2002 PACER
44

JOINT STIPULATION of dismissal by Elgin O. Jones, Fort Lauderdale (dg, Deputy Clerk) (Entered: 01/13/2003)

Jan. 10, 2003 PACER
45

JOINT MOTION by Fort Lauderdale, United States for entry of settlement agreement and retaining jurisdiction (dg, Deputy Clerk) (Entered: 01/13/2003)

Jan. 10, 2003 PACER
46

ORDER granting [45-1] joint motion for entry of settlement agreement and retaining jurisdiction ( Signed by Judge Donald L. Graham on 1/13/03) [EOD Date: 1/14/03] (dg, Deputy Clerk) (Entered: 01/14/2003)

Jan. 13, 2003 PACER
47

FINAL ORDER dismissing case without prejudice (Signed by Judge Donald L. Graham on 1/13/03) [EOD Date: 1/14/03] (dg, Deputy Clerk) (Entered: 01/14/2003)

Jan. 13, 2003 PACER
48

NOTICE of Firm Name and Change of Address of attorney by Fort Lauderdale (dg, Deputy Clerk) (Entered: 01/22/2004)

Jan. 21, 2004 PACER
49

ORDER dismissing cause with prejudice ( Signed by Judge Donald L. Graham on 12/7/05) [EOD Date: 12/8/05] (dg, Deputy Clerk) (Entered: 12/08/2005)

Dec. 7, 2005 PACER

State / Territory: Florida

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 10, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

US on behalf of an African-American Public Services employee

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Fort Lauderdale (Fort Lauderdale), City

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2003 - None

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Male