Forry, et al v. Federated Financial, et al

Filing 336

OMNIBUS ORDER ADOPTING 334 Report and Recommendation, GRANTING IN PART AND DENYING IN PART 328 Plaintiff-Intervenors' Motion for Entry of Final Order and Judgment, ADOPTING 324 Report and Recommendation, GRANTING IN PART 269 EEOC's Motion to Enforce Consent Decree, DENYING 275 Defendant's Motion for Modification of Consent Decree, GRANTING IN PART 306 EEOC's Motion for Extension of Consent Decree, and ENTERING final judgment against Defendant Federated Financial Services, Inc. Signed by Judge Joan A. Lenard on 2/25/2010. (mhz)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 01-7089-CIV-LENARD/TORRES B E T H FORRY, P l a in tif f , vs. FEDERATED S E R V I C E S , INC., FINANCIAL

Defendant. ___________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __/ U N I T E D STATES EQUAL EMPLOYMENT OPPORTUNITY C O M M IS S IO N , P l a in tif f , and S A R A H HOFFMAN, TAREN BUSICK, L Y N D A FLEEK, AND BRANDY WILCOX, P l a i n t if f - I n t e r v e n o r s , v. F E D E R A T E D FINANCIAL SERVICES, I N C ., Defendant. _________________________________/ O M N I B U S ORDER T H I S CAUSE is before the Court on the Magistrate Judge's Supplemental Report and R e c o m m e n d a tio n ("Supplemental Report," D.E. 334), issued on January 25, 2010. This

m a tter was referred to the Magistrate Judge for a supplemental report regarding certain ad d ition al relief sought by Plaintiff-Intervenors. (See D.E. 333.) The Supplemental Report re c o m m e n d s the Court: (1) grant in part and deny in part Plaintiff-Intervenors' Motion for E n try of Final Order and Judgment (D.E. 328), filed on October 16, 2009; (2) adopt the M a g istra te Judge's October 6, 2009, Report (D.E. 324); (3) grant the EEOC's Motion to E n f o rc e Court-Ordered Consent Decree (D.E. 269); (4) deny Defendant's Motion for M o d if ic a tio n of Consent Decree (D.E. 275); (5) grant in part the EEOC's Motion for ThreeM o n th Extension of Consent Decree (D.E. 306) and extend the consent decree an additional s ix ty days; (6) enter a final judgment in Plaintiff-Intervenors' favor and against Defendant in the amount of $111,525.00 plus interest accruing at the statutory rate from February 21, 2 0 0 5 ; (7) issue a writ of execution on the final judgment; (8) enter an order compelling D e f en d a n t to pay the EEOC's costs as a result of Defendant's non-compliance; and (9) deny th e request to find Defendant in civil contempt. The Parties were provided fourteen (14) d a ys to file objections to the Supplementary Report. To date, no objections have been filed. F a ilu re to file timely objections shall bar the parties from attacking on appeal the factual f in d in g s contained in the report. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F .2 d 1144, 1149 (11th Cir. 1993). Therefore, after an independent review of the

S u p p le m e n ta ry Report, related pleadings, and the record, it is hereby ORDERED AND A D J U D G E D that: 1. T h e Supplementary Report and Recommendation of the Magistrate Judge ( D .E . 334), issued on January 25, 2010, is ADOPTED;

2

2.

C o n s is te n t with the Supplementary Report and this Order, PlaintiffIn te rv e n o rs ' Motion for Entry of Final Order and Judgment (D.E. 328), filed o n October 16, 2009, is GRANTED IN PART and DENIED IN PART;

3.

T h e Report and Recommendation of the Magistrate Judge (D.E. 324), issued o n October 6, 2009, is ADOPTED;

4.

P la in tif f EEOC's Motion to Enforce Court-Ordered Consent Decree (D.E. 2 6 9 ) , filed on April 3, 2007, is GRANTED IN PART;

5.

D e f en d a n t's Motion for Modification of Consent Decree (D.E. 275), filed on A p r il 25, 2007, is DENIED;

6.

P lain tiff EEOC's for Three-Month Extension of Consent Decree (D.E. 306), f ile d on February 28, 2008, is GRANTED IN PART and the consent decree is hereby extended an additional sixty (60) days;

7.

F in a l Judgment is ENTERED in favor of Plaintiff-Intervenors and against D e f en d a n t Federated Financial Services, Inc., in the amount of $111,525.00, p lu s interest accruing at the statutory rate from February 21, 2005, the date D e f en d a n t first defaulted on its payments to Plaintiff-Intervenors under the c o n se n t decree, for which sum let execution issue;

8.

D e f en d a n t is ordered to pay the EEOC's costs incurred as a direct result of D e f en d a n t's non-compliance with the consent decree;

9. 10.

P la in t if f - In t e rv e n o r s ' request to find Defendant in civil contempt is DENIED; A ll other pending motions are DENIED AS MOOT.

3

D O N E AND ORDERED in Chambers at Miami, Florida this 25th day of February, 2010.

___________________ _ _ _ _ _ _ _ _ _ _ _ _____ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

4