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Case 2:09-cv-00636-JES-DNF Document 79 Filed 05/17/11 Page 1 of 5 PageID 951

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION
























Plaintiff-Intervenors





Plaintiff,




EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,



MARIE BELLEUS, et al.,



)
)
)
)
)
)
)
)
)
)
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LFC AGRICULTURAL SERVICES, INC., )
)
SIX L’S PACKING COMPANY, INC.,
and CUSTOM-PAK, INC.,
)
)

)


)



Defendants.


v.

































CIVIL ACTION NO:
2:09-cv-00636-FTM-29DNF








JOINT MOTION FOR APPROVAL OF CONSENT DECREE





Pursuant to Federal Rule of Civil Procedure 7(b)(1), Plaintiff, the United States Equal

Employment Opportunity Commission (hereinafter “the Commission” or the “EEOC”), the

Plaintiff-Intervenors named in the Amended Complaint in Intervention (hereinafter

“Plaintiff-Intervenors”), and Defendants, LFC Agricultural Services, Inc., Six L’s Packing

Company, Inc., and Custom Pak, Inc. (hereinafter “Defendants”), hereby respectfully submit

this Joint Motion for Approval of Consent Decree. As grounds for the motion, Defendants,

Plaintiff-Intervenors, and the Commission (hereinafter together “the parties”) state as

follows:

1.

Defendants operate agricultural production, packing, and distribution facilities in

Immokalee, Florida, specifically including the CustomPak facility where the Claimants and

Case 2:09-cv-00636-JES-DNF Document 79 Filed 05/17/11 Page 2 of 5 PageID 952

Plaintiff-Intervenors were employed. The Commission filed this action on September 24,

2009, alleging that the Defendants violated Title VII of the Civil Rights Act of 1964 (“Title

VII”), 42 U.S.C. §2000e, et seq., when they subjected Black Haitian employees and others

similarly situated (hereinafter “Claimants”) to a hostile working environment, disparate terms

and conditions of employment, disparate discipline, unlawful retaliation, and discharge on

the basis of their race, color, and/or national origin. [Docket Entry No. 1, hereinafter “Dkt.

No.__”]. Defendants filed their Answer to EEOC’s Complaint, denying EEOC’s allegations

and asserting affirmative defenses on November 30, 2009. [Dkt. No. 16].

2.

On January 12, 2010, the Court granted a Motion to Intervene by several of the

original Claimants in the EEOC’s lawsuit. [Dkt. No. 19]. The Plaintiff-Intervenors filed their

Complaint on January 12, 2010, joined in the Commission’s Title VII claims, and asserted

substantially identical claims under 42 U.S.C. § 1981 and the Florida Civil Rights Act, Fla.

Stat. §760.01, et seq.. [Dkt. No. 20]. Defendants filed their Answer to Plaintiff-Intevenors’

Complaint, denying Plaintiff-Intervenors’ allegations and asserting affirmative defenses, on

February 2, 2010. [Dkt. No. 24].

3.

On January 11, 2011, the Commission filed a First Amended Complaint, asserting

only the claim that Defendants subjected certain individually named Claimants to a hostile

working environment on the basis of their race, color, and/or national origin, voluntarily

dismissing claims based on disparate terms and conditions of employment, disparate

discipline, unlawful retaliation, and discharge, and seeking monetary and injunctive relief on

behalf of twelve (12) Claimants. On January 25, 2011, Defendants answered, denying

EEOC’s allegations and asserting affirmative defenses. [Dkt. No. 65].



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Case 2:09-cv-00636-JES-DNF Document 79 Filed 05/17/11 Page 3 of 5 PageID 953

4.

On February 14, 2011, ten (10) of the original Plaintiff-Intervenors filed an Amended

Complaint to assert only hostile work environment claims under Title VII, 42 U.S.C. § 1981,

and the Florida Civil Rights Act. [Dkt. No. 70].1 On February 23, 2011, Defendants filed

their Answer and Affirmative Defenses to Plaintiff-Intervenors’ First Amended Complaint,

denying Plaintiff-Intervenors’ allegations and asserting affirmative defenses. [Dkt. No.71].

5.

All parties, including Plaintiff-Intervenors, participated in a formal in person

mediation on April 9, 2010, and, since that time, have engaged in comprehensive informal

settlement negotiations. As a result of these negotiations, EEOC, the Plaintiff Intervenors,

and the Defendants have agreed to resolve this action in its entirety on the terms reflected in

the executed Consent Decree, attached as Joint Exhibit A.2

6.

The attached Consent Decree reflects the terms of monetary and injunctive relief to

which the parties have agreed.



WHEREFORE, for the foregoing reasons, United States Equal Employment

Opportunity Commission, the Plaintiff-Intervenors, and Defendants, LFC Agricultural

Services, Inc., Six L’s Packing Company, Inc., and Custom Pak, Inc. respectfully request that

this Court grant their Joint Motion for Approval of Consent Decree and execute the attached

Consent Decree.



Respectfully Submitted on May 17, 2011,



1
The following individuals, who sought relief in the Plaintiff-Intervenors’ original Complaint, [see Dkt.
No. 20], are not named as Intervenors in the Plaintiff-Intervenors’ Amended Complaint. [see Dkt. No. 70]:
Imelda Laguerre, Ilonie Jean, Marianne Pierre, Marie Edeline Jean, Nerelia Lovensky, and Jean Joseph Auguste.
All of these individuals’ claims have either been voluntarily dismissed or dismissed by the Court.
2
Independent of the EEOC’s claims, Plaintiff-Intervenors have agreed with Defendants to resolve the
claims they asserted in their Intervenor Complaint. It is anticipated that Plaintiff-Intervenors and Defendants
will file separate submissions to effectuate the dismissal of those claims. [Dkt. No. 70].



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Case 2:09-cv-00636-JES-DNF Document 79 Filed 05/17/11 Page 4 of 5 PageID 954

For U.S. Equal Employment Opportunity
Commission:














For Defendants:


































(305) 808-1786
(305) 808-1835

/s/ Kaleb M. Kasperson
KALEB M. KASPERSON
Trial Attorney
United States Equal Employment
Opportunity Commission
One Biscayne Tower
2 South Biscayne Blvd., Suite 2700
Miami, Florida 33131
Telephone:
Facsimile:


/s/ Ingrid Francoeur___________________
INGRID FRANCOEUR

Florida Rural Legal Services
3210 Cleveland Avenue
P.O. Box 219
Fort Myers, Florida 33902
Telephone:
Facsimile:






(239) 334-4554
(239) 334-3042



































/s/ John F. Potanovic
JOHN F. POTANOVIC
Henderson, Franklin,
Starnes, & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Telephone: (239) 344-1240
Facsimile: (239) 344-1590





























CERTIFICATE OF SERVICE




I hereby certify that on May 17, 2011, I electronically filed the foregoing document

with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is

being served this day on all counsel of record identified on the attached Service List via

transmission of Notices of Electronic Filing generated by CM/ECF.













/s/ Kaleb M. Kasperson________
Kaleb M. Kasperson
[email protected]

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Case 2:09-cv-00636-JES-DNF Document 79 Filed 05/17/11 Page 5 of 5 PageID 955

SERVICE LIST

EEOC v. LFC Agricultural Services, Inc. et al.

Case No. 2:09-cv-00636-FTM-29DNF

United States District Court for the Middle District of Florida



ROBERT E. WEISBERG, Regional Attorney
KIMBERLY McCOY-CRUZ, Supervisory Trial
Attorney
KALEB M. KASPERSON, Trial Attorney
BRIAN J. SUTHERLAND, Trial Attorney
U.S. Equal Employment Opportunity Commission
One Biscayne Tower
Miami District Office
2 South Biscayne Blvd., Suite 2700
Miami, FL 33131
Telephone: (305)808-1786
Facsimile: (305)808-1835
Email: [email protected]

Attorneys for EEOC




INGRID B. FRANCOEUR
Florida Rural Legal Services
3210 Cleveland Avenue
P.O. Box 219
Fort Myers, Florida 33902
Telephone:
Facsimile:

Attorney for Plaintiff-Intervenors





(239) 334-4554
(239) 334-3042






























JOHN F. POTANOVIC, Attorney
VICKI L. SPROAT, Attorney
SUZANNE BOY, Attorney
Henderson, Franklin, Starnes & Holt,
P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Telephone: (239) 344-1240
Facsimile:
Email: [email protected]

Attorney for Defendants




(239) 344-1590









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