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 Defendant Emergency Medicine Associates, Inc. also filed a motion for summary judgment that was subsequently withdrawn.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 On December 10, 2003, two days after the motion for summary judgment was withdrawn, the parties filed notice of filing a consent decree.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)

Clearinghouse (12/3/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11885696/parties/us-eeoc-v-emergency-medicine/

Judge(s)

Paine, James Carriger (Florida)

Attorney for Plaintiff

Gillespie, Kenneth Lawrence (Florida)

Attorney for Defendant

Hament, Andrew Stanton (Florida)

Palladeno, Helen Price (Florida)

Petersen, Grant David (Florida)

Judge(s)

Paine, James Carriger (Florida)

Attorney for Plaintiff

Gillespie, Kenneth Lawrence (Florida)

Schwartz, Jill S. (Florida)

Spalter, David Hanan (Florida)

Attorney for Defendant

Hament, Andrew Stanton (Florida)

Palladeno, Helen Price (Florida)

Petersen, Grant David (Florida)

Russell, Alec Dane (Florida)

Shinkle, Theodore Livingston (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

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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

See docket on RECAP: https://www.courtlistener.com/docket/11885696/us-eeoc-v-emergency-medicine/

Last updated April 1, 2026, 5:29 a.m.

ECF Number	Date	Description	Link
1	May 1, 2002	COMPLAINT filed; FILING FEE waived Magistrate Judge Frank J. Lynch, Jr. (cj, Deputy Clerk) (Entered: 05/02/2002)	Clearinghouse
2	May 2, 2002	SUMMONS() issued for Emergency Medicine (at, Deputy Clerk) (Entered: 05/03/2002)	RECAP
3	May 2, 2002	SUMMONS() issued for Indian River Memoria (at, Deputy Clerk) (Entered: 05/03/2002)	RECAP
4	May 20, 2002	Intervenor's COMPLAINT by Gloria Farina against Emergency Medicine, Indian River Memoria (cg, Deputy Clerk) (Entered: 05/22/2002)	Clearinghouse
5	May 20, 2002	MOTION by Gloria Farina for leave to file Intervenor complaint (cg, Deputy Clerk) (Entered: 05/22/2002)	RECAP
6	July 3, 2002	MOTION by Indian River Memoria to dismiss complaint (at, Deputy Clerk) (Entered: 07/08/2002)	RECAP
7	July 3, 2002	MEMORANDUM OF LAW by Indian River Memoria in support of [6-1] motion to dismiss complaint (at, Deputy Clerk) (Entered: 07/08/2002)	RECAP
8	July 8, 2002	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)	RECAP
9	July 10, 2002	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)	RECAP
10	July 12, 2002	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)	RECAP
11	July 16, 2002	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)	RECAP
12	July 17, 2002	MOTION by Emergency Medicine for clarification of [9-1] order AND SUPPORTING LEGAL AUTHORITY (at, Deputy Clerk) (Entered: 07/17/2002)	RECAP
13	July 24, 2002	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)	RECAP
14	July 31, 2002	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)	RECAP
15	Aug. 2, 2002	MOTION by Gloria Farina for Jill S. Schwartz and Jeffrey Feulner to appear pro hac vice (at, Deputy Clerk) (Entered: 08/02/2002)	RECAP
	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)
16	Aug. 9, 2002	REPLY MEMORANDUM IN SUPPORT by Indian River Memoria to response to [6-1] motion to dismiss complaint (at, Deputy Clerk) (Entered: 08/12/2002)	RECAP
17	Aug. 9, 2002	AFFIDAVIT OF JEFFERY SUSI by Indian River Memoria Re: [16-1] response reply (at, Deputy Clerk) (Entered: 08/12/2002)	RECAP
18	Aug. 12, 2002	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)	RECAP
19	Aug. 12, 2002	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)	RECAP
20	Oct. 7, 2002	ORDER OF REFERENCE Referring Motion(s) [8-1] motion to dismiss complaint referred to Magistrate Frank J. Lynch, [8-2] motion for summary judgment referred to Magistrate Frank J. Lynch, [6-1] motion to dismiss complaint referred to Magistrate Frank J. Lynch ( signed by Judge James C. Paine on 10/7/02) [EOD Date: 10/8/02] (kw, Deputy Clerk) (Entered: 10/08/2002)	RECAP
21	Oct. 16, 2002	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)	Clearinghouse
22	Oct. 28, 2002	OBJECTION by Emergency Medicine to [21-1] report and recommendations (at, Deputy Clerk) (Entered: 10/29/2002)	RECAP
23	Oct. 29, 2002	OBJECTION by Indian River Memoria to [21-1] report and recommendations (at, Deputy Clerk) (Entered: 10/30/2002)	RECAP
24	Nov. 13, 2002	RESPONSE by Gloria Farina to [23-1] objection, [22-1] objection (at, Deputy Clerk) (Entered: 11/14/2002)	RECAP
25	Nov. 13, 2002	CONSOLIDATED RESPONSE by U.S. - EEOC to [23-1] objection (at, Deputy Clerk) (Entered: 11/14/2002)	RECAP
26	Nov. 15, 2002	Joint Scheduling Report of Scheduling Meeting by U.S. - EEOC, Gloria Farina, Emergency Medicine, Indian River Memoria (at, Deputy Clerk) (Entered: 11/18/2002)	RECAP
27	Dec. 18, 2002	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)	Clearinghouse
28	Dec. 23, 2002	Answer and affirmative defenses by Emergency Medicine (cg, Deputy Clerk) (Entered: 12/24/2002)	RECAP
29	Dec. 23, 2002	Answer and affirmative defenses by Emergency Medicine as to the Intervening complaint (cg, Deputy Clerk) (Entered: 12/24/2002)	RECAP
30	Jan. 8, 2003	ANSWER to Complaint by Indian River Memoria (gp, Deputy Clerk) (Entered: 01/09/2003)	RECAP
31	Jan. 8, 2003	ANSWER to Intervenor-Plaintiff Gloria Farina, M.D. Complaint by Indian River Memoria (gp, Deputy Clerk) (Entered: 01/09/2003)	RECAP
32	March 14, 2003	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)	RECAP
33	March 14, 2003	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)	RECAP
34	June 18, 2003	NOTICE of Unavailability by Emergency Medicine for dates of: 7/3/03 thru 7/20/03 (cg, Deputy Clerk) (Entered: 06/20/2003)	RECAP
36	Nov. 10, 2003	MOTION by Emergency Medicine for final summary judgment or in the alternative partial summary judgment (at, Deputy Clerk) (Entered: 11/17/2003)	RECAP
37	Nov. 10, 2003	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)	RECAP
38	Nov. 10, 2003	NOTICE of Filing Depositions by Emergency Medicine (at, Deputy Clerk) (Entered: 11/17/2003)	RECAP
39	Nov. 10, 2003	DEPOSITION of Gloria Farina, MD (at, Deputy Clerk) (Entered: 11/17/2003)	RECAP
40	Nov. 10, 2003	VIDEOTAPED DEPOSITION of Gloria Farina MD Volume II (at, Deputy Clerk) (Entered: 11/17/2003)	RECAP
41	Nov. 10, 2003	VIDEOTAPED DEPOSITION of Gloria Farina MD volume III (at, Deputy Clerk) (Entered: 11/17/2003)	RECAP
42	Nov. 10, 2003	DEPOSITION of James Dozier MD Volume I (at, Deputy Clerk) (Entered: 11/17/2003)	RECAP
43	Nov. 10, 2003	DEPOSITION of James Dozier MD Volume II (at, Deputy Clerk) (Entered: 11/17/2003)	RECAP
35	Nov. 13, 2003	NOTICE of FILING ATTACHMENT TO EMA'S MOTION FOR FINAL SUMMARY JUDGMENT by Emergency Medicine (at, Deputy Clerk) (Entered: 11/17/2003)	RECAP
44	Nov. 17, 2003	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)	RECAP
45	Nov. 19, 2003	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)	RECAP
46	Nov. 20, 2003	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)	RECAP
47	Nov. 20, 2003	Unopposed MOTION by U.S. - EEOC for substitution of Kenneth L. Gillespie as cnsl (cg, Deputy Clerk) (Entered: 11/21/2003)	RECAP
48	Nov. 21, 2003	ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSES TO DEFENDANT, EMERGENCY MEDICAL ASSOCIATES, INC'S MOTION FOR SUMMARY JUDGMENT granting [46-1] joint motion to extend time to file responses to Emergency Medicine Associates motion for summary judgment Response to motion reset to 12/12/03 for [36-1] motion for final summary judgment or in the alternative partial summary judgment (Signed by Judge James C. Paine on 11/21/03) [EOD Date: 11/24/03] (at, Deputy Clerk) (Entered: 11/24/2003)	RECAP
49	Nov. 24, 2003	MOTION with memorandum in support by U.S. - EEOC to compel discovery (at, Deputy Clerk) (Entered: 11/25/2003)	RECAP
50	Nov. 26, 2003	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)	RECAP
51	Dec. 2, 2003	JOINT MOTION with memorandum in support by U.S. - EEOC to extend time to file pretrial stipulation (at, Deputy Clerk) (Entered: 12/03/2003)	RECAP
52	Dec. 4, 2003	RESPONSE by Indian River Memoria to [49-1] motion to compel discovery (mh, Deputy Clerk) (Entered: 12/05/2003)	RECAP
53	Dec. 5, 2003	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)	RECAP
54	Dec. 5, 2003	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)	RECAP
55	Dec. 8, 2003	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)	RECAP
56	Dec. 10, 2003	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)	RECAP
57	Dec. 10, 2003	NOTICE of Filing Consent Decree by U.S. - EEOC (at, Deputy Clerk) (Entered: 12/11/2003)	RECAP
58	Dec. 18, 2003	FINAL report of Mediator. Disposition: Settled (lh, Deputy Clerk) (Entered: 12/22/2003)	RECAP
59	Dec. 23, 2003	CONSENT DECREE (Signed by Judge James C. Paine on 12/23/03) [EOD Date: 12/24/03] (at, Deputy Clerk) (Entered: 12/24/2003)	Clearinghouse
60	Jan. 12, 2004	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)	RECAP
	Jan. 12, 2004	CASE CLOSED. Case and Motions no longer referred to Magistrate. (at, Deputy Clerk)

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Case Details

State / Territory:

Florida

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

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

Private Entity/Person

Emergiency Medicine Associates, Inc.

Indian River Memorial Hospital, Inc.

Case Details

Causes of Action:

State Anti-Discrimination Law

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

Other Dockets:

Southern District of Florida 2:02-cv-14139

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: 500000

Order Duration: 2003 - 2007

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Promotion

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. Emergency Medicine Associates, Inc., Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/9338/ (last updated 12/3/2018).