Case: EEOC v. MORGAN TIRE & AUTO INC (d/b/a OLSON TIRE COMPANY)

5:02-cv-00169 | U.S. District Court for the Middle District of Florida

Filed Date: June 14, 2002

Closed Date: Sept. 16, 2003

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Case Summary

The EEOC's Miami district office sued Morgan Tire & Auto, Inc., a Florida corporation d/b/a Olson Tire Company, on June 14, 2002 in the U.S. District Court for the Middle District of Florida. The EEOC's complaint alleged that Morgan violated Title VII when it discriminated against the intervenor employee, who intervened in October 2002, based on sex (male) when it created a hostile work environment resulting in his constructive discharge. The parties entered into a consent decree on August 27, 2003, which stipulated that Morgan would pay the intervenor $7,500 in damages, implement Title VII training for managers, post a notice of compliance with Title VII, amend and distribute a copy of the company's EEO policy, and report complaints of discrimination to the EEOC semiannually.

Summary Authors

Kevin Wilemon (6/12/2007)

People

Judge(s)

Jones, Gary R. (Florida)

Judge(s)

Jones, Gary R. (Florida)

Documents in the Clearinghouse

Documents in this case

5:02-cv-00169	Docket EEOC v. Morgan Tire and Auto, Inc.	Sept. 16, 2003	Sept. 16, 2003 Docket
1 5:02-cv-00169	Complaint EEOC v. Morgan Tire and Auto, Inc.	June 14, 2002	June 14, 2002 Complaint
12 5:02-cv-00169	Plaintiff-Intervenor's Complaint EEOC v. Morgan Tire and Auto, Inc.	Oct. 23, 2002	Oct. 23, 2002 Pleading / Motion / Brief
27 5:02-cv-00169	Order [Motion to Dismiss] EEOC v. Morgan Tire and Auto, Inc.	June 2, 2003	June 2, 2003 Order/Opinion
30 5:02-cv-00169	Consent Decree EEOC v. Morgan Tire and Auto, Inc.	Aug. 27, 2003	Aug. 27, 2003 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

Last updated March 26, 2025, 8:39 a.m.

ECF Number	Date	Description	Link
1	June 14, 2002	COMPLAINT filed; jury demand; injunctive relief sought. (lmf) (Entered: 06/17/2002)	PACER
	June 14, 2002	SUMMONS(ES) issued for Morgan Tire & Auto. Consent(s) issued. (lmf) (Entered: 06/17/2002)	PACER
	June 17, 2002	MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Gary R. Jones (lmf) (Entered: 06/17/2002)	PACER
2	June 21, 2002	NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (mam) (Entered: 06/21/2002)	PACER
3	Aug. 28, 2002	MOTION by Morgan Tire & Auto to extend time to 9/25/02 to answer or otherwise plead referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 08/28/2002)	PACER
4	Aug. 28, 2002	NOTICE of attorney appearance of Thomas H. Loffredo, Erika R. Royal and Joseph H. Calvin, III for Morgan Tire & Auto by Thomas H. Loffredo (lmf) (Entered: 08/28/2002)	PACER
5	Aug. 29, 2002	ORDER granting [3-1] motion to extend time to 9/25/02 to answer or otherwise plead, setting answer due for 9/25/02 for Morgan Tire & Auto (Signed by Magistrate Gary R. Jones) ctc (ail) (Entered: 08/29/2002)	PACER
6	Sept. 19, 2002	MOTION by John Floridia and Annette Floridia with memorandum in support to intervene and for leave to file complaint referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 09/20/2002)	PACER
7	Sept. 26, 2002	ANSWER and Affirmative Defenses to [1-1] complaint by Morgan Tire & Auto, Inc. (lmf) (Entered: 09/26/2002)	PACER
8	Sept. 26, 2002	MOTION by EEOC to substitute attorney Gedety N. Serralta with Nicholas Inzeo, Gwendolyn Y. Reams and Delner Franklin-Thomas referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 09/26/2002)	PACER
9	Sept. 27, 2002	ORDER granting [8-1] motion to substitute attorney Gedety N. Serralta; terminated attorney Gedety N. Serralta for EEOC; added attorney John C. Weaver for EEOC. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 09/30/2002)	PACER
10	Oct. 1, 2002	NOTICE that John C. Weaver is substitution of Counsel for the EEOC (lmf) (Entered: 10/02/2002)	PACER
11	Oct. 22, 2002	ORDER granting [6-1] motion to intervene and [6-2] motion for leave to file complaint. The clerk is directed to file the Floridia's Complaint. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 10/23/2002)	PACER
12	Oct. 23, 2002	INTERVENOR'S COMPLAINT by John Floridia and Annette Floridia against Morgan Tire & Auto, Inc. (lmf) (Entered: 10/23/2002)	PACER
13	Nov. 6, 2002	CASE MANAGEMENT REPORT (lmf) (Entered: 11/06/2002)	PACER
	Nov. 6, 2002	SUMMONSES issued for Morgan Tire & Auto. Consents issued. (lmf) (Entered: 11/06/2002)	PACER
14	Nov. 14, 2002	NOTICE OF HEARING: set preliminary pretrial conference for 2:30 12/10/02 scheduled for Magistrate Judge Gary R. Jones (Signed by Deputy Clerk) ctc (dfd) (Entered: 11/14/2002)	PACER
15	Nov. 19, 2002	RETURN of service executed as to Morgan Tire & Auto on 11/12/02. Answer due on 12/2/02 for Morgan Tire & Auto. (lmf) (Entered: 11/20/2002)	PACER
16	Dec. 4, 2002	AGREED MOTION by Morgan Tire & Auto with memorandum in support to appear telephonically at preliminary Pretrial Conference referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 12/05/2002)	PACER
17	Dec. 4, 2002	ORDER granting [16-1] agreed motion for parties to appear telephonically at preliminary Pretrial Conference. Counsel for Morgan Tire Company shall initiate the conference call. ( Signed by Magistrate Gary R. Jones ) ctc (lmf) (Entered: 12/05/2002)	PACER
18	Dec. 5, 2002	MOTION by Morgan Tire & Auto to extend time for 5 days to answer or otherwise plead referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 12/05/2002)	PACER
19	Dec. 6, 2002	ORDER granting [18-1] motion to extend time for 5 days to answer or otherwise plead. Reset answer due for 12/9/02 for Morgan Tire & Auto ( Signed by Magistrate Judge Gary Jones ) ctc (lmf) (Entered: 12/06/2002)	PACER
20	Dec. 10, 2002	PRELIMINARY PRETRIAL CONFERENCE held on 12/10/02 before Magistrate Judge Gary R. Jones. Case Management and Scheduling Order to Enter. Tape/Que#: 02-37/2011-2786 (lmf) (Entered: 12/11/2002)	PACER
21	Dec. 10, 2002	ORDER setting the following deadlines; Expert Disclosure by Plaintiff at 5/23/03; Expert Disclosure by Defendant at 6/27/03; Deadline to complete mediation at 4/30/03; Discovery Deadline at 8/22/03; Dispositive Motion Deadline at 9/30/02 and Final Pre-Trial Conference at 1/21/04 and Trial Term Commencing to 2/2/04. The Clerk is directed to issue a case management and scheduling order reflecting the foregoing deadlines. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 12/11/2002)	PACER
22	Dec. 11, 2002	ANSWER and Affirmative Defenses to [12-1] intervenor complaint by Morgan Tire & Auto (lmf) (Entered: 12/12/2002)	PACER
24	Dec. 13, 2002	REPLY to affirmative defenses by John Floridia and Annette Floridia (lmf) (Entered: 12/13/2002)	PACER
25	Dec. 18, 2002	RESPONSE by John Floridia and Annette Floridia to [23-1] motion to dismiss Counts III and V of the Complaint (lmf) (Entered: 12/19/2002)	PACER
26	Dec. 27, 2002	CASE MANAGEMENT AND SCHEDULING ORDER setting Discovery cutoff 8/22/03 ; dispositive motion filing deadline for 9/30/03; Pretrial conference for 9:00 1/21/04 ; Jury trial set for weeks of 2/2, 2/9, and 2/16/04 ; Scheduled for Sr. Judge Wm. T. Hodges ( signed by Deputy Clerk ) ctc (mam) (Entered: 12/27/2002)	PACER
27	June 2, 2003	ORDER denying in all respects [23-1] motion to dismiss Counts III and V of the Complaint of John and Annette Floridia ( Signed by Sr. Judge Wm. T. Hodges ) ctc (lmf) (Entered: 06/02/2003)	PACER
28	June 17, 2003	ANSWER and Affirmative Defenses to [12-1] intervenor complaint by Morgan Tire & Auto (lmf) (Entered: 06/17/2003)	PACER
29	Aug. 21, 2003	NOTICE of filing consent decree for court approval by EEOC and Morgan Tire & Auto (proposed consent decree attached) (lmf) (Entered: 08/22/2003)	PACER
30	Aug. 27, 2003	CONSENT DECREE by EEOC and Morgan Tire & Auto. ( Signed by Sr. Judge Wm. T. Hodges on 8/27/03) (lmf) (Entered: 08/28/2003)	PACER
31	Sept. 11, 2003	JOINT STIPULATION of dismissal by John Floridia, Annette Floridia and Morgan Tire & Auto (lmf) (Entered: 09/11/2003)	PACER
32	Sept. 15, 2003	ORDER dismissing action with prejudice , each party to bear their own costs. The clerk is directed to enter judgment accordingly, terminate any pending motions and close the file. ( Signed by Sr. Judge Wm. T. Hodges on 9/12/03 ) ctc (lmf) Modified on 09/16/2003 (Entered: 09/16/2003)	PACER
33	Sept. 16, 2003	JUDGMENT entered. Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (lmf) (Entered: 09/16/2003)	PACER
	Sept. 16, 2003	CASE CLOSED. (lmf) (Entered: 09/16/2003)	PACER

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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: June 14, 2002

Closing Date: Sept. 16, 2003

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

Private Entity/Person

Morgtan Tires & Auto, Inc.

Case Details

Causes of Action:

State Anti-Discrimination Law

State law

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

Other Dockets:

Middle District of Florida 5:02-cv-00169

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 7500

Order Duration: 2003 - 2006

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Male

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. MORGAN TIRE & AUTO INC (d/b/a OLSON TIRE COMPANY), Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/8083/ (last updated 6/12/2007).