Case 1:01-cv-00583-AJ Document 1 Entered on FLSD Docket 02/14/2001 Page 1 of 6

. . .,.,. IN THE UNITED STATES DISTRICT COUijft\ 1 ;,J: FOR THE SOUTHERN DISTRICT OF FLORiill . ~ 't_)'

8; 3;

MIAMI DIVISION

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ADELPHIA CABLE PARTNERS, L.P. d/b/a )

ADELPHIA CABLE COMMUNICATIONS, )

)

Defendant.

)

________________________________))

MAGISTI\A TE
~NQS'Im,n,

CIVIL ACTION NO<J'I~'; ~ ~ ' O~:JJ (:P \ . ·~~~ -~\__ ·)

..., <./' {"\

'

r-' -~

·.

COMPLAINT

;>'0-· ~ -
,if.";."' N

:;-'c ..

JURY TRIAL DEM~ f, -:·)

INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race, and to provide appropriate relief to Glenford James and any other similarly situated individuals who were adversely affected by such practices. As stated with greater particularity in paragraph 7, the Equal Employment Opportunity Commission alleges that Glenford James and other similarly situated individuals were and are forced to endure hostile environment because of their race, black, while employed at Defendant's place of business.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

Case 1:01-cv-00583-AJ Document 1 Entered on FLSD Docket 02/14/2001 Page 2 of 6
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the Untied States District Court for the Southern District of Florida, Miami Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)( 1) and (3) of Title VII, 42 U .S.C. § 2000e-5(f)(l) and (3). 4. At all relevant times, Adelphia Cable Partners, L.P. d/b/a Adelphia Cable Communications ("Adelphia" or "Employer"), a Delaware corporation, has continuously been doing business in the State of Florida and the City of Miami, and has continuously had at least 15 employees. 5. At all relevant times, Adelphia has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Glenwood James filed a charge with the Commission alleging violations of Title VII by Defendant Employer Adelphia. This charge was investigated on behalf of Glenwood James and other similarly situated individuals. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

Case 1:01-cv-00583-AJ Document 1 Entered on FLSD Docket 02/14/2001 Page 3 of 6
7. Since at least August of 1999, Defendant Employer has engaged in unlawful employment practices at its place of business in Miami, Florida in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), as set forth below.
Glenwood James and other similarly situated individuals were subjected to racial harassment by management on a daily basis because of their race, black. The harassment included verbal abuse and the blatant display of a hanging noose by Defendant's then Technical Manager, William Walker. This unwelcome racial harassment created an intimidating, hostile or offensive work environment which was severe and pervasive, affecting the terms and conditions of their employment. Defendant Employer was placed on notice about this severe and pervasive unwelcomed harassment, but Defendant Employer failed to exercise reasonable care in preventing or correcting the racially harassing behavior. Additionally, Defendant Employer failed to take prompt remedial action when it knew or should have known of the racial harassment of its employees, including the harassment of Glenwood James and any other similarly situated individuals. Defendant is strictly liable for the behavior of William Walker.
8. The effect of the conduct complained of in paragraph 7 above has been to deprive Glenwood James and any other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of race.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Glenwood James and other similarly situated individuals.
3

Case 1:01-cv-00583-AJ Document 1 Entered on FLSD Docket 02/14/2001 Page 4 of 6
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Adelphia, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in racial harassment and any other employment practice which discriminates on the basis of race. B. Order Defendant Adelphia to institute and carry out policies, practices, and programs which provide equal employment opportunities for blacks, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Adelphia to make whole Glenwood James and any other similarly situated individuals by providing appropriate back pay with prejudgment interest, if any, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Adelphia to make whole Glenwood James and any other similarly situated individuals by providing compensation for past and future pecuniary losses, if any, resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, out of pocket losses in amounts to be determined at trial. E. Order Defendant Adelphia to make whole Glenwood James and any other similarly situated individuals by providing compensation for past and future non-pecuniary losses, if any, resulting from the unlawful practices described in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation, and loss of enjoyment of life, in amounts to be determined at trial.
4

Case 1:01-cv-00583-AJ Document 1 Entered on FLSD Docket 02/14/2001 Page 5 of 6

F. Order Defendant Adelphia to pay Glenwood James and any other similarly situated

individuals punitive damages for its malicious and reckless conduct described in paragraph 7

above, in amounts to be determined at trial.

G. Grant such further relief as the Court deems necessary and proper in the public

interest.

H. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.

C. GREGORY STEWART General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

DELNER FRANKLIN-THOMAS Regional Attorney

MICHAEL J. FARRELL Supervisory Trial Attorney

Bioi ~~~ (-3' HEUI YOUNG

{l__tz_ .

Trial Attorney

FL Bar No. 179582

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Miami District Office

Two South Biscayne Boulevard, Suite 2700

One Biscayne Tower

Miami, Florida 33131

Phone- (305) 530-6012

Facsimile - (305) 536-4494

5

Case 1:01-cv-00583-AJ Document 1 Entered on FLSD Docket 02/14/2001 Page 6 of 6

4

CIVIL COVER SHEet} 1- ·: ·. -~' ~ ~~ IRe:

12196 '

~a&rlgs RtnUapers The JS-44 c1v11 cover sheet and the 1nformat10n contained here1n nerther replace nor supplement the f1hng an servtce

as req...n!ld

by law except as prov1ded by local rules of court. Th1s form approved by the Jud1c1al Conference of the Un1ted States 1n September 1974. IS required tr 1he use

of the Clerk of Court for the purpose of 1n1tiating the CIVIl docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM )

I. (a) PLAINTIFFS
United States Equal Eb'ployment Opp:>rttmity Carmissia1

DEFENDANTS
I CiV-JoLDAN I Adelphia cable Partners, L.P. d/b/a Adelpia Cable

(b) :::OUN""Y OF qESIDENCE OF FiRST LIS"ED P:_.A:NTIFI'
(EXCEPT IN US PLAINTIFF CASES)

I ~ES:DE,.CE COL'"-v JF

Dade OF F:RS7 c.STED DEFE,.DANT

r-..CTE

(IN US PLAINTIFF CASES ONLY\
N _A.ND CONOEMNA ~.ON (;ASES -.JSE THE LOCATION Of' Tf-£
TRACT OF i..ANO li'NQLVED
c:::.__

MAGISTRATE

BANDSTRA

>I

BROWARD.

II. BASIS OF JURISDICTION

1PLACE AN X IN ONE BOX ONLY!

j{1 U S Government Plaintiff
=z U S Government Defendant

03 Federal Question (U S Government Not a Party)
Diversity (Indicate Citizenship of Parties in Item Ill)

Ill. CITIZENSHIP OF PRINCIPAL PARTIE.S ~AN """1N O'i!itOX FOA PL.AINTfF!'

1For D1vers1ty Cases Only)

·0 ~1j&NE ~GiaFENDANTl

PTF OEF

· ::« fT1 0 ' \ PTF DB'

Citizen of This State

o 1 o 1 lncorpora~~n~cr-0 ~ o •

of BusinefiSJf~1;his

'

CitiZen o1 Another State o z o z lncorporalllid ~~

o5 D5

CitiZen or Subject of a o 3 o 3
Foreign Country

of BusiniS"s

o

r:? \ Foreign NaI ~c./"1 0

o 11 D e

-0

~

IV. ORIGIN
j{• Original Proceeding

o 2 Removed from
State Court

!PLACE AN "X" IN ONE BOX ONLY)

o 3 Remanded from o 4 Re1nstated or

Appellate Court

Reopened

Transferred from
o 5 another district
(speci1y)

o • Multidistnct
Litigation

- API)eel to Distnot J~from
o 1 Magislr*
Judgment

V. NATURE OF SUIT (PLACE AN ·x· IN ONE BOX ONLY)

_____A_C~O~N~T_R_A_C_T__-41-----------A__TO_R_T__S______________FO~R~F~E~IT~U~R~E~/~PE~N~A~l=TY~:__A _B_A_N_K_R_U~_P~T~C_Y~__ A OTHERSTATUT_E_S___

=110 :nsurance =120 Man"'" =1l0 lvlilie< """
=1.&0 NegOtiable lnstrwMent =1 SO ~ecovert .Jf Qveroay""ent = &. Entorceme,T :r ... uagmenr ~
151 vec,care .O.ct

3- 152 ~&eC"vE'~"'J 'Jf ::etau,·e-~

-

Stuaen! ~.Jd'"S

= ;...:::.' Vetera""s
.:! 153 ~ec'Jver_~ :f c-~~~;:::a_.rr--e"'~

= of Veterar s Benefns 110 StOCk'"lotoers SUits

: 1to :,1...e• Contrac

: 195 ::.:.n:a,:! o. x ....:r .... a~"~:~

A REAL PROPERTY
=210 _a~""·J C:>rae~""ra:•cr
=~= 2.20 =:·~:.•:.S ... I@ 230 :::o:e-· _ease 5o =.ectmenr =2•s _ 2t0 1of'ts tc _ana To~ 0 roduct ~ao•llfy :: :ztO Aa Olner Real Prooerty

PERSONAL INJURY C 310 A11p1ane C 315 A11p1ane P1oouc1
L•aO•UfY 0 320 As...un "'oe1 &
= s:ander 330 '"ederal Empjcyers ~....aD•I•ty :: 3ot0 'v1anne
C: 350 Motor 'Jef'ltcle ~ 355 Motor ven.cle
=-·:c . . ..:~ ~.av,··~·•
A CIVIL RIGHTS
·= «1 J'J: r>t;
=X 442 ::..,...c,C·yrert 443 -1Cus,ng Ac;:cmmoC1a11cns.
0 ~4 We~are
C ~ Otne' Cov11 Rights

PERSONAL INJURY
::J 382 ~rs.onal 1n1~fY -
= \AeO ~aiP<ac11ce JeS ~rsora1 r.,ury -

=s= 610 Agncullure
3 120 Otner FQOO & Drug

1 :J 422 Appea: 28 •_sc 1 58

!IC 125 Drug Re1a1ea Se:zure 1 0 423 wnnorawal

or =>•ooer1V 2' usc 861;

28 usc 157

:::C '110 'Slate Reapportlonmem
=::: 410 Antrtrust 430 6anl<s ano Blln«mg Be: 4SO :::Vmmerce.1CC ~c

= ;~~rOduC'! _.atu•rty J6l ~cesrc-:. ~""iCna,

e:: 130 _,c:;uor ,_aws
9= 140 ;;) :::l ~..,..ruCk

A PROPERTY RIGHTS

C 410 Deoo<1anon
ana c::: 470 ~acheteer 1nl'l.lt!nC1KI

n 1 ~rv "="·oouct _ at·d•!)· PERSONAL PROPERTY
=J70 )trer =·a.:..c =J71 •··..;r r _-:• d.r~
C liA) :M:I'\er P~rs.onal

BC ISO A1r.1ne ;=:jegs 9:=; M0 0CCL.Dafi011al
e= 5.afe!y ~-oea:tt" 690 ~r,er
A LABOR

:J 120 Cooyrognts ' CJ 130 Patef'lt
:::' 140 T~ade.....,ar"
8 SOCIAL SECURITY

= ::Vrrupt Orgar.lzat.ons ItO Se1ectlve Serv1ce J.4

::: ISO Secunlle• Cornmodmes.

= ~cnan£:e

1

175 :..~sromer C:"'alle"'g@

12 usc 3410

= 0 ropel1'1 Damage 3&5> =:l·ooe~ f :a,.....age ='·ocuct .....an•l•ty

- 710 =a· _3.:_.;::· S\a"':la·-::1~

= -

Ac

720 _abcr .._.,gmt :l.elat,cns

1

=111 -A '19~" =112 91ac• '_c;ng 923,
:J 113 C)IWC DIWW :405:g\,

= = PRISONER PETITIONS

:J 164 SSIC .,. 11e xv'

730 _aoc· ~grrt cepcr.1r.a

M5 ~SI ·4QSIQJ

B- 510 'w-t·JF;cr'l :c .. a::: ate

-

Sef'1~erce

=HABEAS CORPUS:
6 S30 ·3ef1era,

= 5. :J•s:..:;s~,.,re Act

- ~---------

740 "a• ... a, _a::c• ""

FEDERAL TAX SUITS

1 ;

A

0

535 Jeat" "enany

8;::: S40 ~ancamus & Otner
ce sso c~·~ ~igrns

s:J 555 "nson conanion

:•=711 Empl Rei Inc

·

Securrty ACl

iAG 170 Taxes 1U S Pia'"lill o• DelenOant\
AO 171 IRS - Third Party 26 \.JSC 7tl09

::J 111 Agncunural Acts
=112 =:cor.om'c Stab•l1zat c:-· Ac<: =113 =n....nonmental Mar.er~

:: IM Eoergy A\10Ca1i0" Ac1

:: 115 =•eedom ol rfor'Tla!•cr Act

- 900 l:Jc-eal :::f =ee :>ere~·na:ro:-

-

"'~if'' E~·... a1 ACC'f""S<; •: ,_-c;- :~

:: ISO :::Cnstrtut1onalrty 01 Slate Stalules

:::; 110 Olner Sta!uta<y Aa•ons AORB

VI. CAUSE OF ACTION

an Tl. 1CD1OTNEOTTIHOEI'T-'EsjUCRIIVSIDLIsCTTAITOiN..TAEL_u~NTADTEIR.JwTHEISCUHNIv,oEu~DAIA!El'FRlSu~I~T;YGIAT~wllelm.S:

ee1EF
1S

STATEMEN1 Ci' CAus.e.......::~
aC't100 uuu.er

• tle

VII

f
0

. . the Cl.VJ..1

Rights Act of 1964 and TJ..tl.e I of tne CiVJ.l. Rights Act of 1991 to correct ml.awful enploynent

l?.ractices on the basis of race, and to provide appropriate relief to Gl.enford JCIIES am. other

situat-ed ",=aN_G_THdaOysFTeSRiImAaLtes<!i(fma<iDlci;iF=i"S~:areil"ldvtry entore casef individuals w1x> were adversely affected by such practices.

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION
D UNDER FA C P 23

DEMAND$

CHECK YES only if demanded in complainl

JURY DEMAND: a[vEs

01110

VIII. RELATED CASE(S) (See instructions) JUDGE ____________________________________

IF ANY

DOCKET NUMBER-----------------

fOR OFFICE USE ONLY

t - - - - - - - I=IECEIPT

AMOUNT ________ APPLYING IFF''-------- JUDGE---------------- MAG JUDGE-------------------

 </s> Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 1 of 12

UNITED STATES DISTRICT COURT SOUTHE.RN DISTRICf OF FLORIDA
CASE NO: 01-0583-CIV-JORDANIBANDSTRA
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

vs.

ADELPHIA CABLE PARTNERS, L.P. d/b/a ADLEPHIA CABLE COMMUNICATIONS,

Defendant.
--------------------------~'
GLENFORD S. JAMES,

lnterveoor, vs.
I
ADELPHIA CABLE PAllTNERS, L.P. d/bla ADLEPHIA CABLE COMMUNICATIONS,

Defendant.
--------------------------~'

COMPLAINT (JURY TRIAL DEMANDED)

Plaintift: Glenford S. James (hereinafter "Jamea"), sues Defendant, Adelphia Cable

Partners. L.P. d/b/a Adelphia Cable Communications, a Florida corporation (heceinafter,

"Adelphia"), and states:

Jurisdiction and Parties

1. This is an action for violations of 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981, § 760.10,

Florida Statutes (Florida Civil Rights Act), negligent retention and intentional infliction of

emotional distress.

Rafferty, Gutierrez, S3nchez-Aball~ Stolzenbcrg & Gelles, P.A. 1101 Brickell Avenue, Suite 1400, Miami., Florida 33131 Telephone: (305) 313..0330
Sc.,..lm.ge ·1:0tCV513 Document I~· 12Witd Jun rT ft1S:!Il2001

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 2 of 12
JOIUS v. At*lphia Cabk •tc., Calc No: 01~583-CIV-JORDANIBANDSTRA

2. TbiJ Court bas jurisdiction punuant to 42 U.S.C. § 2000e-S(f), 42 U.S.C. § l988(a), 28

U.S.C. § 1331, and Article ID, § 2 of the United States Constitution. This Court has

supplemeatal jurisdiction over James' stale law claima pUI'II.Wit to 28 U.S.C. § 1367(a).

3.

Veoue is proper in the Southern District of Florida pursuant to 28 U.S.C. § 1391 and 42

u.s.c. § 2000e-5(f).

4. James is a 40-year-old black male born on the island of St. Kitts in the Carribean. James

resides in Miami-Dade County, Florida. 5. Adelphia Cable Panners L.P. dlbla Adelphia Cable Communications (hereinafter, "Adelphia"), is a foreign limited partne.nbip, engaged in, among other things, the business of

providing cable televisions services within the Southern District ofFlorida.

6.

Adelphia maintain• an office at 20800 S.W. 16tl- Avenue, Miami, Florida 33186

(hereinafter, "Adelphia South Dade").

7. At all times relevant hereto, Adelphia bad more than SOO employees.

8. At all times relevant hereto, Adelphia was an employer u defineA by 42 U.S.C. §

2000e(b) and§ 760.02(7), Florida Statutes.
9. In 1989 James was hired by Adelphia to work at Adelphia South Dade u a cable television installer. James wu eventually promoted to the position of Technical Supervisor, a management position which James retains to thia dale. James' duties and responsibilities as a

Technical Supervisor have not remained the same. 10. At all times relevant hereto, William "Bill" Walker was James' direct supervisor at

Adelphia South Dade. William Walker's position was Technical Operations Manager.

11. William Walker was hired after the departure of Curt Batman from Adelphia South Dade. Upon information and belie( Curt Batman's departure from Adelphia South Dade was caused,

- 2. Raffeny, Gutierre1.., SAnchcz-Aballi, Stolzenbcrg & Gelles, P.A. 1101 Brickel\ Avenue, Suite 1400, Miami. Florida 33131 Telephone: (305) 373.0330
klrtn.t IIMge • t:GtCVSIS Doounlllf"'ll ~ 1Sw.d .MI rt 01:1S:S2 ZD01

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 3 of 12
JtaU v. Atklpldo Cobll de.• CUe No: 01.0583-CIV-JORDANIBANDSTRA

precipitated, or mandated, at least in part, by the a1legatiooa aet forth in the Title vn based lawsuit styled Willklm Yormg, Jr. v. Sotuheasl Florida Cabk, Inc., a Florida oorporation dlbla Adelphia CDble COIUIIIIIiallions, Cue No: 97-43S7..CIV-MIDDLBBllOOKS. 12. At Ill timca relevaDt to thia actioo, Lynn Wbiscnlu•nt, GaatnJ Mauger of Adelphia South Dade, was superior to James in the context ofJames' employment. 13. From the ooiiJIJJCDQ'!IDelt of the interview procesa leading to the hiring of William Walker though Mr. Walker's departure ftom Adelphia South Dade, James was subjected to a hostile work environment because of James' race and natiooal origin. The acts giving rise to the racially bolti1e work environmeDl were contimJing in nature. Some, but oot all, of the acts are set forth below and are hereinafter collectively referred to u the llacially Hostile Acts.

a) In July 1999, James wu told by his supervisor and otben that a "big redneck" bad

beeu hired to be James' direct supervisor. The Adelphia South Dade office was particu1lrly lelllitive to ncially cbarpd illuel at this time because, upon

f
!

;
inform•fion and belie( the prior manager Technical Operations Manager, Curt

Batman, wu ttansferred or otherwise relieved of his duties at Adelphia South Dade as a result of the allegations set forth in the case styled William Young, Jr. v.

Southeast Florida Cable, Inc., a Florida cmporaJion dlbla Adelphia Cable

Communications, Case No: 97-4357-CIV-MIDOLFBROOKS;

b) W'alliam Walker called to James, and referred to James as an "eight-ball",

referring to James" black bald bead;

c) At staff medings and in the presence of other staff members including James,

William Walker stated that "Island people only want to get paid without

working." James, having been born in St. Kitts and raised in St. Croix, was the

-3Rafferty, Guti~rrez, S3ncbcz-Aballi, Stolzenbcrg & Gelles. P.A. 1101 Brickell Avenue, Suite 1400, Miam~ Florida 33131 Telephone: (305) 373-0330
zr lc~nned am._. • 1:G1CYSU Document I p... 1.WM JYn ot:IS:S4 2001

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 4 of 12
only person who was from the islands at those DW!tjnp, Additionally, many of the residents of areu commonly referred to u the "islands," including the Caribbean Islands, are black. James is black;
d) lD September 1999, William Walka', refeniua to lama' luocb order, directed a
co-worker to order for lama "monkey meat or whlt.ever they eat"; c) William Walker, James' manager, told James that they bad to start "treating the
cootrlctOralike slaves and beat then ifwe have to"; t) William Walker twice displayed a rope noose in his office and over the door of
his of&e. Tbe noose wu tied in the fashion of a hangman's noose commonly
associated with the lynching of blacks. A photocopy of a picture of the noose is attached hereto u Exhibit "A";
g) After James wu called a "fuc.kins nigger" over the dispatch radio, James was not
made part of the investigation of the incident and James wu told to not wony
about it;
b) James wu improperly and unfairly wri1teo up for allegedly violation of Adelphia's policies aodlprocedures;
i) Adelphia failed to timely respond, failed to properly respond, or failed to respond at all, to James' complaints about discriminatory conduct;
j) Adelphia failed to discipline and take proper corrective action against employees
k) Adelphia failed to enforce its corporate policies regarding racial discrimination; and
0'~-.'~utierrez, SAnchei-~ball~ Stolzenbcrg & Gelles, P.A.
1101 Brickell Avenue. Suite 1400, Miami, Florida 33131 Telephone: (305) 373.0330
S.C..ned IIMgli· t:G1CVSU OoourMnt I p. . 15 w.d Jl.rl 71 0!:13:54 2101

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 5 of 12
•tc.. Jt~~~~a v. A.tJ.Ipllla CDbk Cue No: 01.()S83-ciV-JORDANIBANDSTRA
l) Jamea wu humiliated, degraded and embarrassed in the prescoce of other employees.
14. The Racially Hostile Acts lead to other acts reasonably related to the allegations of the Charge of Disaimioation and which reasonably could be expected to grow out of the original Charge ofDisaimillatioD. 1S. Adelphia was placed on notice of the Racially Hostile Acts which resulted in a hostile and offensive work environment but Adelphia failed to prevent or correct the racially harassing behavior. Additionally, Adelphia failed to take prompt remedial action when it knew or should have known of the llacia1ly Hostile Acta. 16. The Racially Hostile Acts were part of a pattern and continuing practice of di.scrimination. 17. At all times hereto, James, a black male, wu a member ofa protected class. 18. On May 22, 2000 James filed a Charge of Discrimination with the Florida CommiMion on Human R.dations and the United States Equal Employment Opportunity Commission (hereinafter ''EEOC"). 19. On February 13, 2001 the United States Equal Opportunity Commission filed suit against
relief on behalf of "Glenford James and any other similarly situated individuals." 20. All conditions precedent to bring this suit have been performed, occurred or waived. 21. James baa engaged the undenigned firm to prosecute this action on bis behalf and has agreed to pay a reasonable fee for the firm's services.

a:~~~-.......-.......-..1.DOC

-s-

Rafferty, Gutierrez, SAnchez-Aball~ Stolzeobcrg & Gelles, P.A.

1101 Brickell Avenue, Suite 1400, Miami, Florida 33131 Telephone: {305) 373-0330

Sc.-.-:IIM. . • 1:ttev51l Docunw.t t .,_. tl Wed Jun 21 01:13:54 2001

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 6 of 12
COUNT I 42 U.S.C. SECI'ION 2000e ct uq. UNLAWi'UL EMPLOYMENT PaACI'ICES BOS'I'ILE WORK. ENVIll0100.NT 22. James incorporates herein the allegations of parastlphs 1 through 21 u if fully set forth herein. 23. This is a claim for unlawful employment practices proscribed by 42 U.S.C. §§ 2000e-2 committed by Adelphia agaimt James. 24. James wu subjected to a hostile and offensive work environment which was frequent, severe, humiliatina aud pervasive, and which unreasonably interfered with James' ability to do hiajob. 25. The Raaally Hostile Acts gave rise to a working CDViroom&:ot 10 heavily polhrted with discrimination as to desaroy James' emotional and psychological stability as an anployee. 26. At all timea relevant bereto, Adelphia knew or lbou1d bave kDown of the conduct referenced in paragraph 13 a-1 above, and failed to take prompt remedial action to prevent such
::
action. 27. At all times relevant hereto, Adelphia, though its agents, acted with discriminatory intent directed towards James because he is black and because he is from St. Kitts.
WHEREFORE, Glenford S. James respectfully requesta that this Court: a) Declare and adjudge that James' civil rights were violated u prohibited by 42
u.s.c. § § 200Qe.2;
b) Enjoin Adelphia, u provided in 42 U.S.C. § 2000.5(8), fi'om ql8ing in the unlawful employment practices wbicb violated IIIDCI' dvil rigbta and order Adelphia to institute policies designed to preveot the violation of the civil rights ofother African-American employees;
c) Order Adelphia to pay James', attorney's feea and costs pursuant to 42 U.S.C. §
2000e-5(k);
-6-
Rafferty, Gutierrez. SAnchez-Aball~ Stolzenbcrg & GelJes, P.A. 110\ Brickell Avenue, Suite 1400, Miami, Florida 33131 Telephone: (305) 3'13-0330
So....... .._.· 1:Q1CV11J Docunwll t p... 17 w.d Jw1 rt Dt:U:M 2111

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 7 of 12
JtlllfU v. Adllphla Coble etc., Case No: 01.0583-ciV-JORDANIBANDSTRA

d) In tbe evem that lama does not recovw similar d•m•p UDder Count n below,
order Adelphia, u provided in 42 U.S.C S 198l(a}{b), to pay to James all
eompeo11tcxy damagea for future peamiary 1oua, emotiooal paiD. suffc:rin&
iDcoDveDieoce, madal anguish, lou of eojoymeal of fife aDd aD other nonpoamiary loues awardable under§ 1981(a)-(b);
e) In tbe event that James does not recover similar d•maga UDder Count n below,
order Adelphia, u provided in 42 U.S.C § 1981(a)-(b), to pay to JtmeS punitive damaga.: aDd
f) Order such other and further reliefas is just aad proper.

COUNTD
.C2 u.s.c. s 1911
EQUAL RIGHTS UNDER THE LAW

28. James incorporates herein the allegations of paragraphs 1 through 21 u if fuUy set forth

herein.

29. This is a claim for violations of 42 U.S.C. § 198l(a) oommitted by Adelphia against

James. Specifically, Adelpbia deoied James the full aDd equal beaefit oftbe lawa of the United

States with respect to his compensation, terms, conditions and privileges ofemployment.

30. The acts which constituted the denial of the full aDd equal beuefit of the laws of the

United States resulted in or amounted to a hostile environment

31. At all times material during the tenn of James' employment, Adelphia committed acts in violation of 42 U.S.C. § 1981(a), including but not limited to those acts set forth in paragraph 13

I

a-1 above.

I
=

32. James was subjected to a hostile and offensive work environment which was frequent,

severe, humiliating and pervasive, and which unreasonably iaterfered with James' ability to do

his job.

0·~.;-..~......,...l~XlJ:

·

IWteny, uutierrez.

S3nchez--A7b-a11L

Stolzenberg

&.

Genes,

P.A.

1\01 Brickel\ Avenue, Suite 1400, Miami, Florida 33131 Telephone: (305) 373..()330

8c.....-.cll~n~~~~P • 1:0tCVSIS OocuMenl t P-oe 11 w.d Jwl11 01:1l:M . .1

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 8 of 12 JQIIIU v. A.delphUI Clbk etc., C . No: Ol.OSI3-ciV-10RDANIBANDSTRA
33. Tbe :Ra.cia1ly HoltiJe Acta gave rile to a working eDvironllll!l1f 10 heavily polluted with diaaiminalion u to destroy James' aootional and psycholosical stability u an employee. 34. A1 all timea relevant hereto, Adelphia knew or abould have known of the conduct referenced in pmaraph 13 a-1 lbove, aod failed to take prompt remedi1l action to prevent such action.
3s. At all timel relevaot hereto, Adelphia acted with dilcrimiollory intem directed towards
James btause be is black IDd because be is from St. Kitta WHEREFORE, Glenford S. James respectfully requests that this Court:
a) Declare and adjudge that Adelphia failed to afford Junes the full and equal benefit ofthe laws u required by 42 U.S.C. § 19&l(a);
b) Order Adelphia to pay James', attorney's fcca and costa punuant to 42 U.S.C. § 1988(b);
c) Order Addphia to pay James' expert fees 42 U.S.C. § 1988(c); d) Order Adelphia, u provided in 42 U.S.C § 1981(a)-{b), to pay to James all
compensatory damages for future pecuniary losses, emotional pain, suffering, inconveoieoce, mental anguish, losa of eqjoymeot of life aad all other nonpecuniary losses awardable under 42 U.S.C. § 198l(a)-(b); e) Order Adelphia, u provided in 42 U.S.C § 198l(a)-(b), to pay to James punitive damages; and f) Order such other and further reliefas is just and proper.
-8Rafferty, Gutierrez, SAnchez-Aball~ Stolzenbcrg & Gelles, P.A. \ 101 Brickell Avenue, Suite 1400, Miami, Florida 33131 Telephone: (305) 373..0330

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 9 of 12
J..u v. Adelphia Cobk etc., Calc No: 01.0583-CIV.JORDANIBANDSTRA

COUNTm 1768.10. FLORIDA STA1'1JTU VIOLATION OJ THE FLORIDA CIVIL IUGBTS ACf

36. James incorporates herein the allegations of paragraphs I through 21 11 if fully set forth

herein.

37. This is a claim for unlawful employment practices proscribed by § 760.10(1)(a)

committed by Adelphia against James.

38. James was subjected to a hostile and offensive work environment which wu frequent,

severe, humiliating and pervasive, and which unreasonably interfered with James' ability to do

his job.

39. Tbe Racially Hostile Acta gave rise to a workiaa cuviroamalt 10 heavily polluted with
discrimination u to destroy Jamea' emotional and psycbolop:allllbility u an anployee.

I

40. At all times relevant hereto, Adelphia knew or lbould have known of the conduct

I

referenced in paragraph 13 a-1 above, and failed to take prompt remedial action to prevent such

I

action.

41. At all times relevant hereto, Adelphia acted with discriminatory intent directed towards

James because be is black and because be is from St. Kitts.

WHEREFORE, Glenford S. James respectfully requests that this Court:

a) Declare and adjudge that James' civil rights were violated as prohibited by §
760.10, Florida Statutes~

b) Enjoin Adelphia, u provided in § 760.11(5), Florida Statutes from engaging in the unlawfUl employment practices which violated Jamea' civil righta and order Adelphia to imtitute policies designed to preveat the violation of the civil rights of other African-American employees;

• 9-
Rafferty, Gutierrez, SAnchez-Aballi. Stolzeoberg & Gelles, P.A. l \01 Brickel\ A.venue, Suite 1400, Miami, Florida 33131 Telephone: {305) 373-0330

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 10 of 12
JllllfU v. AMlphlll CDble •tc., Cue No: Ol..OS83.CIV-JOI\DANIBANDSTRA
c) Order Adelphia to pay James' reasonable attorney's fees and com pursuant to§
760.11(5), Florida Statutes; d) Order Adelphia to pay to JIIDCI all tompcnutory dannagcs, iDCluding but not
limited to, damapa for mental angnitb. lou of dipity, and uy other intanaih'e
injuries, all pursuant to§ 760.11(5), Florida statutes; e) Order Adelphia to pay to lames punitive damages pursuant to§ 760.11(5), Florida
Statuto; IDd f) Order such other IDd further reliefu is just aDd proper.
COUNT IV NEGUGENT RETENTION 42. James incorporates herein tbe allegations of paragraphs 1 through 21 as if fully set forth herein 43. Adelphia, in its capacity u an employer, owed a duty to James, as employee, to establish and maintain a work environment &ee &om racial discrimination and racial hostility.
44. Adelphia became a~ durioa the tam of Walliam Walker's employment that William
Walker wu unfit to act u a supcrvi.sor/manaaer and that William Wilker wu actiDg in al'Kially
discriminatory manner by creating a racially hostile work environment. 45. Adelphia breached its duty to James by failing to take prompt remedial and corrective action, which action should have been swift and drastic, in light ofWilliam Walker's conduct. 46. Adelphia'a failure to take prompt remedial and corrective action against William Walker twmed James and wu the proximate cause of James' psychological and physical injuries.
WHEREFORE, James respectfully requests that this Court enter judgment in his favor and award him damages for humiliation, embarrassment, mental anguish, loss of dignity, and all other reliefjust and proper.
0:~ .............e.rt2yD,Q~CutiCrre?., Sinchez--1A0ba-ll~ Stolz.enbcrg & Genes, P.A.
\\01 Brickell A"Venue, Suite 1400, Miami, Florida 3313\ Telephone: (305) 3'73-0330
ac.nn.d ltMglt • 1:01CV513 Dooumet'lll I pa~ge 21 WM Jwt 'l1 01:131:51 2001

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 11 of 12
Ja.u v. AtJ.Iplala Ctlbk etc., Cue No: 01.05&3-ciV..JORDANIBANDSTRA

COUNTV INTENTIONAL INFLicriON Oil EMOTIONAL DISTRESS
47. James reiucorporatea herein the allegations of paraarapba 1 throusb 21 u iffully set forth

herein.

48. The conduct of William Walker, as set forth in parasraph 13 a-1 above, wu extreme,

outrageous aod atrocious, exceeded all possible bounds of deccocy, aod is utterly intolerable in a

civilized c:oiDIDUDity.

49. In a civilized society it is outrageous for a 1Upcrvilor in the work place to advise a black

employee to order for hmcb "monkey meat or what evtz they eat," to twice display a noose

commonly associ•trd with the lyDcbing of blacks, and to tell a black employee to treat

"contract011.1ike slaves IDd beat the ifwe have to."

SO. The conduct of William Walker was intentionally or recklessly directed towards Mr.

James.

51. The conduct of Wllliam Walker caused Mr. James to become severely emotionally

distressed and pbysically infirm, necessitating bospjtaJiution.

52. Adelphia knew of Mr. Walker's conduct, failed to anything about it, and is strictly liable

for Mr. Wallcer's conduct.

WHEREFORE, Glenford S. James respectfully requests that this Court enter judgment in

his favor and award damages for pain IDd suffering. mental anguish, lou of ability to enjoy life,

I

loss ofearning capacity, and all compensatory damages properly awardable.

0:\lopl.,._\j-., a.....-.lcloalplllial.l.DOC

• 11 •

JWTeny, Gutierrez. Sinchez-Aball~ Stolzenberg &. Gelles, P.A. 1\0\ Brickell Avenue, Suite \400, Miami, Florida 33131 Telephone: (30S) 373-0330

Sunned hn...- • 1:01CV513 Docurneftt 1 P9 22 Wtd Jun J11t:1S:• Z001

Case 1:01-cv-00583-AJ Document 13 Entered on FLSD Docket 06/27/2001 Page 12 of 12

DEMAND FOR JllllY 11UAL

Plaintiffdemands trial by jury on all issue& so triable.

Rafferty, Gutibrez, Siuclw·Aballi,

S

g & Gelles, P.A

By:.~~~~~~~--Gellea, Elq.
l:iloirtda Bar No.: 991181 At-AI"JMMill Slocb&:eAballi, Esq. Flolfidl. Bar No: 0678S7 1101 Brickell Aveaue, Suite 1400
Miami. Florida 33131
Telephone (305) 373..0330 Facsimile (305) 423-3980 Attorneys for Plaintifl: Glenford S. James.
CERTIFICATE OF SERYJCE
WE HEREBY CERTIFY that a true and correct copy of the foregoing bas been sent via
U.S. Mail and fi.Csimile this 6* day of June 2001 to: Robert T. Wright, Jr. Esq., Verner, Liipfert,
et al., 3100 First Union FiNncial Centc2', 200 S. Biscayne Blvd., Miami, Fl 33131; Tel: (305)
371-8801; Fax: {305) 371-2457.

Rafferty, Gutierrez, S3.nchez-Aballi, Stolzenberg & Gelles, P.A. 1101 Brickell Avenue, Suite 1400, Miami, Florida 33131 Telephone: (305) 373-0330

 </s> Case 1:01-cv-00583-AJ Document 53 Entered on FLSD Docket 05/06/2002 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DNISION
CASE NO. 01-0583-CN-JORDAN

FILED by ____ D.C.

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

)

Plaintiff

) )

vs.

)

ADELPHIA CABLE PARTNERS, L.P.

) )

Defendant

)

)

GLENFORD S. JAMES

)

)

Intervenor,

)

vs.

)

)

ADELPHIA CABLE PARTNERS, L.P.

)

)

Defendant

)

)

M,1Y - 3 2002
CLARENCE MADDOX ClERK U.S. OIST. CT. S.D. OF ,.l •. '-11AMI

ORDER REQUIRING STIPULATION OF DISMISSAL OR CONSENT DECREE

The Court being advised that this dispute is settled, the parties shall file a stipulation of

dismissal with prejudice or a consent decree no later than May 30, 2002. If the parties intend to

request that the Court retain jurisdiction to enforce any settlement agreement, they shall produce the

agreement in camera for review. The agreement need not be filed with the Clerk.

Z"'J DONE and ORDERED in chambers in Miami, Florida, this

day of May, 2002.

Copy to:

all counsel of record

Adalberto Jordan United States District Judge

Case 1:01-cv-00583-AJ Document 53 Entered on FLSD Docket 05/06/2002 Page 2 of 2
February ll, 2002
NOTICE TO ATTORNEYS AND LITIGANTS
Please be advised that effective February 25, 2002, the chambers of Judge Jordan will fully implement and utilize the Court's FAXBACK program. The Clerk's office will fax orders, notices and judgments to all counsel of record and pro se parties who have provided their fax number to the Coi.lrt. In the event a party does not have a fax machine, the Clerk's office will send the orders, etc. via U.S. Mail. If you h&ve a fax machine but have not been receiving your orders by fax, please complete the response form provided by the Clerk's office and fax the form to the Clerk's office at 305.523.5226. The FAXBACK program eliminates the need to submit stamped. self-addressed envelopes.
All filings as of February 25,2002 must include a current service list on a separate page with the following information for each party.
Name ofAttorney or Pro Se party Finn Name Mailing Address Phone Number Fax Number
Counsel for --------------------
For more information, please call305.523.5212.

 </s> Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 1 of 11

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO: 01-0583~CIV-JORDAN/BANDSTRA

UNITEDSTATESEQUALEN.WLOYMENT OPPORTUNITY COMMISSION,

[-6L' . FILED by .

o.c.

Plaintiff, vs.

ADELPHIA CABLE PARTNERS, L.P. d/b/a ADELPHIA CABLE COMMUNICATIONS,

Defendant.
----------------------------~/
GLENFORD S. JAMES,
Intervenor, vs.

CLOSED CIVIL
CASE

ADELPHIA CABLE PARTNERS, L.P. d/b/a ADELPHIA CABLE COMMUNICATIONS,

Defendant.
----------------------------~/
CONSENT DECREE

1. This Consent Decree (the "Decree") is made and entered into by and between

Plaintiff EEOC, the Equal Employment Opportunity Commission (hereinafter referred to as the

"Commission" or "EEOC"), and Plaintiff-Intervenor, Glenford James (hereinafter referred to as

"Plaintiff-Intervenor") and Defendant, Adelphia Cable Partners, L.P., d/b/a Adelphia Cable

Communications (hereinafter referred to as "Adelphia" or "Defendant"). The Cot:nffiission,

Plaintiff-Intervenor and Adelphia are collectively referred to herein as "the Parties."

2. On February 13, 2001, EEOC initiated this action by filing its Complaint against

Adelphia. EEOC's Complaint alleged that Adelphia violated Title VII of the Civil Rights Acto~
" q~

Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 2 of 11
EEOC/James v. Adelphia Cable, Case No: 01-0583-CIV-JORDAN
1964, 42 U.S.C. Section 2000e et seq. ("Title VII") and Title I of the Civil Rights Act of 1991, by subjecting Glenford James and similarly situated individuals to a racially hostile work environment. The Complaint arose out ofthe allegations that Glenford James and similarly situated individuals were and are forced to endure a hostile environment because of their race, Black, while at Adelphia's place ofbusiness.
3. On June 6, 2001 , Plaintiff-Intervenor, Glenford James filed a Motion to Intervene in the above-styled action, alleging violations ofthe Title VII, 42 U.S.C §1981, 760.01 of the Florida Statutes, negligent retention, negligent supervision, and intentional infliction of emotional distress.
4. On May 4, 2001, Adelphia filed its Answer to EEOC's Complaint. 5. In the interests of resolving this matter, to avoid the costs oflitigation, and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns. This Agreement does not constitute an admission of liability by Adelphia. 6. The Parties agree that this Decree resolves all claims against Adelphia alleged in EEOC Charge Number 150 AO 2492 and the Complaints filed in this action. NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
2
A:\adelphia.wpd

Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 3 of 11
EEOC/James v. Adelphia Cable, Case No: 01-0583-CIV-JORDAN
JURISDICTION 7. This court has jurisdiction ofthe subject matter ofthis action and over the Parties for the purposes of entering and enforcing this Decree. 8. No party shall contest jurisdiction ofthis federal court to enforce this Decree and its terms or the right of the EEOC to seek enforcement of the decree in the event Defendant breaches any ofthe terms of this Decree. 9. The EEOC agrees that in the event that Adelphia fails to comply with any provision(s) of this Decree, the EEOC shall notify Adelphia in writing of such non-compliance and afford Adelphia ten (10) days to remedy the non-compliance. 10. If Adelphia fails to correct said non-compliance within ten (10) days of notification, the parties agree to engage a mutually agreed upon certified mediator, costs to be absorbed by Adelphia, to resolve the issue of non-compliance. If mediation is unsuccessful, the EEOC shall apply to the Court for appropriate relief.
GENERAL INJUNCTIVE PROVISIONS 11. Adelphia, its officers, managers, employees, agents and partners, are hereby enjoined from conducting business in a manner that subjects Black employees to terms and conditions ofemployment that constitute a hostile environment in violation of Title VII ofthe Civil Rights Act of 1964, as amended. 12. Adelphia, its officers, managers, agents, and partners agree that it will not discriminate against any employee in this matter who opposed any of Defendant's practices
3
A:\adelphia.wpd

Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 4 of 11
EEOC/James v. Adelphia Cable, Case No: 01-0583-CIV-JORDAN
which the employee believed to be a violation ofTitle VII; who filed a charge ofdiscrimination with the EEOC alleging violation(s) of such statute; or who cooperated with the EEOC in the investigation or prosecution of this case.
TRAINING 13. Adelphia will established a written policy of compliance with Title VII and provide a copy of the policy to the EEOC within thirty (30) days from the date of the entry of this Decree. A complete copy of this policy will be distributed to all its current employees at all of its facilities by August 30,2002. Adelphia further agrees that all new employees will be provided a copy ofthe policy within one week of employment. 14. In order to further ensure the effective implementation ofDefendant Adelphia's antidiscrimination policies, Adelphia will conduct annual training lasting at least 4 hours in length throughout the duration of this Decree for all of its managers and supervisory personnel at its facilities in the state of Florida, with specific emphasis on recognizing racial harassment and the proper procedure to be followed if they become aware of racial harassment in the workplace or if they receive a complaint of such harassment. Defendant agrees to provide the EEOC, at least two weeks notice before they conduct their training session(s), with the date(s) and location(s) of the training, the identification of the training materials to be used at the training session. The training will be conducted by a representative firm or organization approved by the EEOC. Additionally, Defendant agrees that the EEOC shall, at the EEOC's discretion, be in attendance at each training session(s). 15. Defendant agrees that the training described in paragraph 14 shall be conducted
4
A:\adelphia.wpd

Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 5 of 11
EEOC/James v. Adelphia Cable, Case No: 01-0583-CIV-JORDAN
within sixty (60) days of the entry of this Decree, and, should thereafter take place by April 30 annually for the duration of this Decree. Defendant further agrees that the training described in paragraph 14 shall be given to all new managers and supervisors, who did not attend the annual training, within thirty (30) days of being placed in a management or supervisory position.
POSTING 16. Adelphia will post within seven days from the Court's execution of this Decree a laminated 11" x 14" sized copy of the Notice attached hereto as Exhibit A. Said notice shall be posted at all ofAdelphia's Florida facilities, except the Yulee, Florida and Nassau, Florida facilities which are not a part ofFlorida's geographical region, for the duration ofthis Decree in conspicuous locations accessible to all employees (i.e. employee bulletin board or lunch room).
MONITORING 17. No later than June 30, 2002, Adelphia will designate an ombudsperson, at its South Dade facility, for the purpose ofreceiving complaints of discrimination, including, but not limited to, race and retaliation, for all ofAdelphia's Florida facilities, except the Yulee, Florida and Nassau County, Florida facilities which are not a part of Florida's geographical region. 18. Adelphia will retain all employment records relating in any way to any complaint, allegation and investigation ofrace discrimination or retaliation at all ofAdelphia's Florida facilities, except the Yulee, Florida and Nassau County, Florida facilities which are not a part of Florida's geographical region, for the duration ofthis Decree and as required by Federal law. 19. Adelphia will provide the EEOC with the name, address and phone number ofany person who alleges they have been subjected to racial harassment or retaliation while working
5
A:\adelphia.wpd

Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 6 of 11
EEOC/James v. Adelphia Cable, Case No: OI-0583-CIV-JORDAN
at any of Adelphia's Florida facilities, .except the Yulee, Florida and Nassau County, Florida facilities which are not a part ofFlorida's geographical region, during the preceding six (6) months. Adelphia will also state its actions taken in response to each such allegation. The first report shall be submitted by December 31, 2002. Adelphia will provide upon request by the Commission any and all documentation associated with each such complaint.
20. Adelphia will certify to the EEOC every six (6) months throughout the duration of this Decree that it is in compliance with all aspects of this Decree. The first such certification will be due no later than December 31, 2002, and thereafter by July 1, annually.
MONETARY RELIEF 21. Adelphia shall pay a lump sum in the amount of$1,050,000.00 in resolution ofthis litigation. This payment is represents compensatory damages. The monies shall be distributed to the identified claimants pursuant to the distribution schedule provided to Adelphia by EEOC. Adelphia will also issue an I.R.S. form 1099 to the identified claimants substantiating same. All payments shall issue within (30) calendar days from the Court's execution of this Decree, by certified mail to the claimants. Said copies shall be forwarded to the attention of Senior Trial Attorney, Kenneth L. Gillespie, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131. 22. If Adelphia fails to tender the above-mentioned payments as set forth in paragraph 21, then Adelphia shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the Defendant.
6
A:\adelphia.wpd

Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 7 of 11
EEOC/James v. Adelphia Cable, Case No: 01-0583-CIV-JORDAN
ENFORCEMENT OF DECREE 23. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree. 24. The Court will take whatever measures necessary to effectuate the terms of this Decree.
COSTS 25. Each Party shall bear its own costs and*rees associated with this litigation.
DURATION OF CONSENT DECREE 26. The duration of this Decree shall be four (4) years from the date of entry of the Decree. SO ORDERED, ADJUDGED AND DECREED, thigr.U. day ofMay, 2002.
ADALBERT ORDAN UNITED STATES DISTRICT JUDGE
AGREED TO: FOR THE PLAINTIFF,
7
A:\adelphia. wpd

Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 8 of 11

EEOC/James v. Adelphia Cable, Case No: 01-0583-CIV-JORDAN

UNITED STATES EQUALEMPr OPPORTIJNITY COMMISSION

by: kQiJla()JLQ.v;LQ; U<__

Date: 5{1 {0 L.

Delner Franklin-Thomas

Regional Attorney

U.S. Equal Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO:

FOR THE DEFENDANT

ADELPHIA CABLE

/a ADELPHIA CABLE COMMUNICATIONS

by: Dou W. Hall, Esquire

Date: 4-j~/0(;2.....
I

Karen Turner MeWilliams, Esquire

VERNER, LIPPERT, BERNHARD

McPHERSON and HAND, CHARTERED

901 15th St. NW Suite 700

Washington, DC 20005

(202) 371- 6000 (Tel)

(202) 371- 6279 (Fax)

Robert T. Wright, Jr. COFFEY & WRIGHT, L.L.P. 2665 Bayshore Drive Penthouse 2B Coconut Grove, FL 33131

8
A:\adelphia.wpd

Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 9 of 11
EXHIBIT A
NOTICE POSTING

Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 10 of 11

EEOC/James v. Adelphia Cable, Case No: 01-0583-CIV-JORDAN
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND ADELPHIA CABLE PARTNERS, L.P. d/b/a ADELPHIA CABLE
COMMUNICATIONS. This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC vs. Adelphia Cable Partners. L.P. d/b/a Adelphia Cable Communications., Civil Action No. 01-0583CIV-JORDAN. Adelphia has agreed that it will not discriminate against employees in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because of their race (including racial harassment) religion, color, national origin, or sex. Title VII also protects individuals from retaliation for having complained ofan unlawful employment practice. Adelphia will not condone employment discrimination ofany kind as set forth in federal anti-discrimination laws, including, but not limited to, racial harassment. Furthermore, Adelphia, assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC. Appropriate corrective action, up to and including termination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination, based upon the circumstances involved. This notice shall remain posted for four (4) years from the date signed. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000.
Signed this __ day of ___, 2002.

PRESIDENT/CEO, Adelphia Cable Partners L.P.

A:\adelphia.wpd

DO NOT REMOVE BEFORE _ _ _ _ 2006.
10

Case 1:01-cv-00583-AJ Document 54 Entered on FLSD Docket 05/08/2002 Page 11 of 11
February 11, 2002
NOTICE TO A TIORNEYS AND LITIGANTS Please be advised that effective February 25, 2002, the chambers of Judge Jordan will fully implement and utilize the Court's FAXBACK program. The Clerk's office will fax orders, notices and judgments to all counsel of record and pro se parties who have provided their fax number to the Court. In the event a party does not have a fax machine, the Clerk's office will send the orders, etc. via U.S. Mail. If you have a fax machine but have not been receiving your orders by fax, please complete the response form provided by the Clerk's office and fax the form to the Clerk's office at 305.523.5226. The FAXBACK program eliminates the need to submit stamped, self-addressed envelopes. All filings as ofFebruary 25,2002 must include a current service list on a separate page with the following information for each party. Name of Attorney or Pro Se party Firm Name Mailing Address Phone Number Fax Number
Counsel for -----------------------------
For more information, please call305.523.5212.

 </s> CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?935847820410104-L_92...

U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:01-cv-00583-AJ

CLOSED

U.S. - EEOC v. Adelphia Cable, et al Assigned to: Judge Adalberto Jordan Demand: $0 Cause: 42:1983 Civil Rights Act Plaintiff United States Equal Employment Opportunity Commission
V. Defendant Adelphia Cable Partners, L.P. doing business as Adelphia Cable Communications

Date Filed: 02/13/2001 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Heui Young Choi Clarke Silverglate Williams & Montgomery 799 Brickell Plaza 9th Floor Miami, FL 33131 305-347-3123 Fax: 377-7001 Email: heuiyoung@oneworldtitle.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth Lawrence Gillespie Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6006 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas W. Hall Verner Liipfert Bernhard McPerson & Hand 901 15th Street NW Suite 700 Washington, DC 20005 202-371-6232 Fax: 371-6279 LEAD ATTORNEY

1 of 9

5/7/2007 12:07 PM

CM/ECF - Live Database - flsd - Docket Report
V. Garnishee Community Bank of Florida Garnishee Bank of America, N.A.
Intervenor Plaintiff Glenford S. James
2 of 9

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?935847820410104-L_92...
ATTORNEY TO BE NOTICED
Karen Turner McWilliams Verner Liipfert Bernhard McPerson & Hand 901 15th Street NW Suite 700 Washington, DC 20005 202-371-6327 Fax: 371-6279 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Thomas Wright, Jr. Coffey Burlington Wright Crockett et al 2699 S Bayshore Drive Penthouse A Miami, FL 33133 305-858-2900 Fax: 858-5261 Email: RWright@Coffeyburlington.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Timothy Haley Haley Sinagra Paul & Toland, P.A. 300 Sevilla Avenue Suite 210 Coral Gables, FL 33134 305-442-9393 Fax: 442-9990 Email: jthaley@hsptlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jared Gelles Rafferty Hart Stolzenberg Gelles et al 1401 Brickell Avenue Suite 825 Miami, FL 33131 305-373-0330 Fax: 373-2735
5/7/2007 12:07 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?935847820410104-L_92...

V.
Intervenor Defendant
Adelphia Cable Partners, L.P. doing business as Adelphia Cable Communications

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rafael Jorge Sanchez-Aballi Rafferty Hart Stolzenberg Gelles et al 1401 Brickell Avenue Suite 825 Miami, FL 33131 305-373-0330 Fax: 373-2735 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas W. Hall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Thomas Wright, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Karen Turner McWilliams (See above for address) ATTORNEY TO BE NOTICED

Date Filed 02/13/2001 02/13/2001 02/13/2001 04/13/2001 04/13/2001 05/04/2001

#

Docket Text

1 COMPLAINT filed; FILING FEE WAIVED; A-7 TEB (Former Deputy Clerk) (Entered: 02/14/2001)
Magistrate identification: Magistrate Judge Ted E. Bandstra (Former Deputy Clerk) (Entered: 02/14/2001)
2 SUMMONS(ES) issued for Adelphia Cable (Former Deputy Clerk) (Entered: 02/14/2001)
3 NOTICE of filing executed Waiver of Service of Summons by U.S. - EEOC (Former Deputy Clerk) (Entered: 04/16/2001)
4 Waiver of service executed by U.S. - EEOC 3/5/01 Answer due by 5/4/01 for Adelphia Cable (Former Deputy Clerk) (Entered: 04/16/2001)
5 ANSWER to Complaint by Adelphia Cable (Attorney Robert Thomas Wright Jr.); jury demand (Former Deputy Clerk) (Entered: 05/07/2001)

3 of 9

5/7/2007 12:07 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?935847820410104-L_92...

05/23/2001 05/23/2001 05/23/2001 05/23/2001 05/29/2001
06/06/2001 06/06/2001 06/08/2001
06/08/2001 06/08/2001 06/26/2001 06/26/2001 07/19/2001 07/24/2001 10/17/2001

6 MOTION by Adelphia Cable for Karen Turner McWilliams to appear pro hac vice (Former Deputy Clerk) (Entered: 05/24/2001)
PHV Fee Paid; FEE $ 75.00 RECEIPT # 842389 (Former Deputy Clerk) (Entered: 05/24/2001)
7 MOTION by Adelphia Cable for Douglas W. Hall to appear pro hac vice (Former Deputy Clerk) (Entered: 05/24/2001)
PHV Fee Paid; FEE $ 75.00 RECEIPT # 842389 (Former Deputy Clerk) (Entered: 05/24/2001)
8 ORDER granting [7-1] motion for Douglas W. Hall to appear pro hac vice, granting [6-1] motion for Karen Turner McWilliams to appear pro hac vice set Scheduling meeting report due for 6/6/01 ( Signed by Judge Adalberto Jordan on 5/25/01) CCAP [EOD Date: 5/30/01] (Former Deputy Clerk) (Entered: 05/30/2001)
9 MOTION with memorandum in support to intervene by Glenford S. James (Former Deputy Clerk) (Entered: 06/07/2001)
10 JOINT Scheduling Report of Scheduling Meeting by U.S. - EEOC, Adelphia Cable 6/6/01 (Former Deputy Clerk) (Entered: 06/07/2001)
11 ORDER SETTING SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: set Jury trial for 6/3/02 before Judge Adalberto Jordan , set calendar call for 9:00 5/28/02 before Adalberto Jordan , setting discovery deadline for 2/28/02 , set motion filing deadline for 3/29/02 , set pretrial stipulation due for 4/10/02 ( Signed by Judge Adalberto Jordan on 6/7/01) CCAP [EOD Date: 6/11/01] (Former Deputy Clerk) (Entered: 06/11/2001)
11 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Adalberto Jordan on 6/7/01) CCAP [EOD Date: 6/11/01] (Former Deputy Clerk) (Entered: 06/11/2001)
11 ORDER REFERRING CASE (PRE-TRIAL) AND DISCOVERY MOTIONS to Magistrate Judge Ted E. Bandstra ( Signed by Judge Adalberto Jordan on 6/7/01) CCAP [EOD Date: 6/11/01] (Former Deputy Clerk) (Entered: 06/11/2001)
12 ORDER granting [9-1] motion to intervene by Glenford S. James; defendant shall respond to Mr. James' complaint by 7/24/01 ( Signed by Judge Adalberto Jordan on 6/26/01) [EOD Date: 6/27/01] (Former Deputy Clerk) (Entered: 06/27/2001)
13 Intervenor's COMPLAINT by Glenford S. James against Adelphia Cable (Former Deputy Clerk) (Entered: 06/27/2001)
14 NOTICE of selection of Karen Evans as Mediator by U.S. - EEOC, Adelphia Cable, Glenford S. James (Former Deputy Clerk) (Entered: 07/20/2001)
15 ANSWER by Adelphia Cable to [13-1] intervenor complaint (Former Deputy Clerk) (Entered: 07/25/2001)
16 Initial Disclosures by Glenford S. James (Former Deputy Clerk) (Entered: 10/18/2001)

4 of 9

5/7/2007 12:07 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?935847820410104-L_92...

10/18/2001 10/26/2001
12/14/2001 12/18/2001
02/15/2002 02/15/2002 02/15/2002 02/22/2002
02/25/2002 03/01/2002 03/14/2002 03/14/2002 03/14/2002

17 MOTION by Glenford S. James to extend time to respond to defendant's Request for Production of Documents to Intervenor and Defendant's First Set of Interrogatories to Intervenor (Former Deputy Clerk) (Entered: 10/19/2001)
18 ORDER denying without prejudice [17-1] motion to extend time to respond to defendant's Request for Production of Documents to Intervenor and Defendant's First Set of Interrogatories to Intervenor ( Signed by Judge Adalberto Jordan on 10/26/01) [EOD Date: 10/29/01] (wc, Deputy Clerk) (Entered: 10/29/2001)
19 MOTION by Glenford S. James to extend time to designate an expert witness and to disclose the expert report (gz, Deputy Clerk) (Entered: 12/17/2001)
20 ORDER granting [19-1] motion to extend time to designate an expert witness and to disclose the expert report reset Jury trial for 8/12/02 before Judge Adalberto Jordan , reset calendar call for 9:00 8/6/02 before Judge Adalberto Jordan , reset discovery deadline for 4/15/02 , reset pretrial motion filing deadline for 5/13/02 , reset pretrial stipulation due for 6/13/02 ( Signed by Judge Adalberto Jordan on 12/17/01) [EOD Date: 12/19/01] (wc, Deputy Clerk) (Entered: 12/19/2001)
21 Unopposed MOTION by Glenford S. James to extend time to designate expert witness and to disclose the expert report (gz, Deputy Clerk) (Entered: 02/19/2002)
22 NOTICE of filing by Glenford S. James deposition of Maria Gonzalez, in support of unopposed motion for additional enlargement of time to designate expert witness and to disclose expert report (gz, Deputy Clerk) (Entered: 02/19/2002)
23 DEPOSITION transcript of Maria Gonzalez (gz, Deputy Clerk) (Entered: 02/19/2002)
24 ORDER granting [21-1] motion to extend time to designate expert witness and to disclose the expert report resetting discovery deadline for 5/11/02 , reset pretrial motion filing deadline for 6/3/02 , reset pretrial stipulation due for 7/1/02 ( Signed by Judge Adalberto Jordan on 2/21/02) [EOD Date: 2/25/02] (gz, Deputy Clerk) (Entered: 02/25/2002)
25 NOTICE of attorney appearance for Adelphia Cable by Robert Thomas Wright Jr. (gz, Deputy Clerk) (Entered: 02/26/2002)
26 MOTION with memorandum of law by Glenford S. James for leave to amend complaint (original amended complaint attached) (gz, Deputy Clerk) (Entered: 03/04/2002)
27 NOTICE by Adelphia Cable to take deposition of Glenford James 3/25/02 at 10:00am (wc, Deputy Clerk) (Entered: 03/15/2002)
28 NOTICE of Filing Faxback Program Information re: Change of Address of attorney by Adelphia Cable as to Robert T. Wright(wc, Deputy Clerk) Modified on 03/15/2002 (Entered: 03/15/2002)
29 NOTICE of Filing Faxback Program Information re: Change of Address of attorney by Adelphia Cable as to Karen McWilliams (wc, Deputy Clerk) (Entered: 03/15/2002)

5 of 9

5/7/2007 12:07 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?935847820410104-L_92...

03/28/2002 03/28/2002 03/29/2002 04/01/2002 04/01/2002 04/01/2002 04/01/2002 04/01/2002 04/01/2002 04/02/2002 04/02/2002 04/04/2002 04/04/2002 04/08/2002
04/19/2002 04/22/2002

30 MOTION by Adelphia Cable to extend deposition of intervenor , or in the alternative to compel James to more fully repond to defendant's interrogatories (gz, Deputy Clerk) (Entered: 03/29/2002)
31 MEMORANDUM of law by Adelphia Cable in support of [30-1] motion to extend deposition of intervenor, [30-2] motion to compel James to more fully repond to defendant's interrogatories (gz, Deputy Clerk) (Entered: 03/29/2002)
32 NOTICE of substitution of counsel by U.S. - EEOC (gz, Deputy Clerk) (Entered: 04/01/2002)
33 NOTICE by Adelphia Cable to take deposition of Russell Hanley 4/23/02 at 10:00 (ra, Deputy Clerk) (Entered: 04/02/2002)
34 NOTICE by Adelphia Cable to take deposition of Glenford James 5/1/02 and 5/2/02 at 10:00 (ra, Deputy Clerk) (Entered: 04/02/2002)
35 NOTICE by Adelphia Cable to take deposition of Gino Vitello 5/7/02 at 2:30 (ra, Deputy Clerk) (Entered: 04/02/2002)
36 NOTICE by Adelphia Cable to take deposition of Harry R. Aldrich 5/7/02 at 10:00 (ra, Deputy Clerk) (Entered: 04/02/2002)
37 NOTICE by Adelphia Cable to take deposition of Dorothy Passmore 5/10/02 at 9:00 (ra, Deputy Clerk) (Entered: 04/02/2002)
38 NOTICE by Adelphia Cable to take deposition of Grayce Melvin 5/10/02 at 1:00 (ra, Deputy Clerk) (Entered: 04/02/2002)
39 ORDER reassigning case to Magistrate Judge Brown ( Signed by Judge Adalberto Jordan on 4/2/02) [EOD Date: 4/3/02] (gz, Deputy Clerk) (Entered: 04/03/2002)
Magistrate identification: Magistrate Judge Stephen T. Brown (gz, Deputy Clerk) (Entered: 04/03/2002)
40 NOTICE of Mediation Hearing on 4/29/02 Donald J. Spero added as mediator (gz, Deputy Clerk) (Entered: 04/05/2002)
41 Consent MOTION by Adelphia Cable to extend time to designate rebuttal expert witness and to provide rebuttal expert report (gz, Deputy Clerk) (Entered: 04/05/2002)
42 ORDER granting [41-1] motion to extend time to designate rebuttal expert witness and to provide rebuttal expert report until 5/13/02 (Signed by Judge Adalberto Jordan on 4/5/02) [EOD Date: 4/9/02] (gz, Deputy Clerk) (Entered: 04/09/2002)
45 AMENDED COMPLAINT by Glenford S. James , (Answer due 4/29/02 for Adelphia Cable ) amending [13-1] intervenor complaint (gz, Deputy Clerk) (Entered: 04/23/2002)
43 ORDER Regarding Discovery Motions, no party shall file a discovery motion without first contacting opposing counsel and chambers to schedule a telephonic hearing. ( Signed by Judge Adalberto Jordan on 4/19/02) [EOD Date: 4/23/02] (gz, Deputy Clerk) (Entered: 04/23/2002)

6 of 9

5/7/2007 12:07 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?935847820410104-L_92...

04/22/2002 04/26/2002 04/26/2002 04/26/2002
05/01/2002 05/01/2002 05/03/2002 05/03/2002 05/03/2002 05/07/2002 05/07/2002 06/11/2002 06/11/2002 06/11/2002 06/11/2002 06/11/2002

44 ORDER granting [26-1] motion for leave to amend complaint ( Signed by Judge Adalberto Jordan on 4/22/02) [EOD Date: 4/23/02] (gz, Deputy Clerk) (Entered: 04/23/2002)
46 ANSWER by Adelphia Cable to intervenor's [45-1] first amended complaint (gz, Deputy Clerk) (Entered: 04/29/2002)
47 MOTION by Adelphia Cable to dismiss Counts IV, V and VI of intervenor's first amended complaint and intervenor's allegations of national origin discrimination (gz, Deputy Clerk) (Entered: 04/29/2002)
48 MEMORANDUM of law by Adelphia Cable in support of [47-1] motion to dismiss Counts IV, V and VI of intervenor's first amended complaint and intervenor's allegations of national origin discrimination (gz, Deputy Clerk) (Entered: 04/29/2002)
49 ORDER granting [30-1] motion to extend deposition of intervenor (Signed by Magistrate Stephen T. Brown on 4/30/02) [EOD Date: 5/2/02] (gz, Deputy Clerk) (Entered: 05/02/2002)
50 FINAL report of Mediator. Disposition: AGREEMENT reached (gz, Deputy Clerk) (Entered: 05/02/2002)
51 NOTICE of filing proposed consent decree by U.S. - EEOC (gz, Deputy Clerk) (Entered: 05/06/2002)
52 Consent Decree by U.S. - EEOC, Adelphia Cable (gz, Deputy Clerk) (Entered: 05/06/2002)
53 ORDER Requiring Stipulation of Dismissal with prejudice no later than 5/30/02 (Signed by Judge Adalberto Jordan on 5/2/02) [EOD Date: 5/6/02] (gz, Deputy Clerk) (Entered: 05/06/2002)
54 ORDER/CONSENT DECREE. Each party to bear its own costs and attorney's fees. Case is CLOSED (Signed by Judge Adalberto Jordan on 5/7/02) [EOD Date: 5/8/02] (gz, Deputy Clerk) (Entered: 05/08/2002)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (gz, Deputy Clerk) (Entered: 05/08/2002)
55 MOTION by Glenford S. James for Writ of Garnishment against Community Bank of Florida (gz, Deputy Clerk) (Entered: 06/12/2002)
56 WRIT of Garnishment issued as to Community Bank in the amount of $ 550,000 (gz, Deputy Clerk) (Entered: 06/12/2002)
Filing Fee Paid; FILING FEE $ 100.00 RECEIPT # 865199 (for writ of garnishment - DE56) (gz, Deputy Clerk) (Entered: 06/12/2002)
57 MOTION by Glenford S. James for Writ of Garnishment against Bank of America (gz, Deputy Clerk) (Entered: 06/12/2002)
58 WRIT of Garnishment issued as to Bank of America in the amount of $ 550,000.00 (gz, Deputy Clerk) (Entered: 06/12/2002)

7 of 9

5/7/2007 12:07 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?935847820410104-L_92...

06/11/2002 06/14/2002 06/17/2002 06/17/2002 06/18/2002 06/18/2002 06/18/2002 06/18/2002 06/20/2002 06/20/2002 06/25/2002
06/25/2002
06/25/2002 06/25/2002 06/28/2002

Filing Fee Paid; FILING FEE $ 100.00 RECEIPT # 864204 (for writ of garnishment - DE58) (gz, Deputy Clerk) (Entered: 06/12/2002)
59 ANSWER by Community Bank of Fl to writ of garnishment (gz, Deputy Clerk) (Entered: 06/17/2002)
60 AMENDMENT TO ANSWER by Bank of America, NA to [58-1] writ of garnishment Objections to Answer to Writ due by 7/10/02 (ra, Deputy Clerk) (Entered: 06/18/2002)
61 ANSWER by Bank of America, NA to [58-1] writ of garnishment Objections to Answer to Writ due by 7/10/02 (ra, Deputy Clerk) (Entered: 06/18/2002)
62 Notice of compliance: by Glenford S. James with writ of garnishment on Bank of America (gz, Deputy Clerk) (Entered: 06/19/2002)
63 NOTICE of writ of garnishment on Bank of America in compliance with Florida Statutes (yy.055 and 77.06(2)) and certificate of service by Glenford S. James (gz, Deputy Clerk) (Entered: 06/19/2002)
64 Notice of compliance: by Glenford S. James with writ of garnishment on Community Bank (gz, Deputy Clerk) (Entered: 06/19/2002)
65 NOTICE of writ of garnishment on Community Bank in compliance with Florida Statutes (77.055 and 77.06(2)) and certificate of service by Glenford S. James (gz, Deputy Clerk) (Entered: 06/19/2002)
66 Unopposed MOTION by Glenford S. James for partial dissolution of writ of garnishment on Bank of America (gz, Deputy Clerk) (Entered: 06/21/2002)
67 Unopposed MOTION by Glenford S. James for partial dissolution of writ of garnishment on Community Bank (gz, Deputy Clerk) (Entered: 06/21/2002)
68 ORDER granting [66-1] motion for partial dissolution of writ of garnishment on Bank of America; shall release the following$71,645.68 from checking account 000045319506; and $11,251.12 from checking account 000045319571 ( Signed by Judge Adalberto Jordan on 6/24/02) [EOD Date: 6/26/02] (gz, Deputy Clerk) (Entered: 06/26/2002)
69 ORDER granting [67-1] motion for partial dissolution of writ of garnishment on Community Bank; shall release the following $22,001.11 in the account of Adelphia Cable Partners; and $5,102.09 in the account of Adelphia Cable Partners (Signed by Judge Adalberto Jordan on 6/24/02) [EOD Date: 6/26/02] (gz, Deputy Clerk) (Entered: 06/26/2002)
70 Second Unopposed MOTION by Glenford S. James for partial dissolution of writ of garnishment as to Bank of America (gz, Deputy Clerk) (Entered: 06/26/2002)
71 Second Unopposed MOTION by Glenford S. James for partial dissolution of writ of garnishment as to Community Bank (gz, Deputy Clerk) (Entered: 06/26/2002)
72 ORDER granting [71-1] motion for partial dissolution of writ of garnishment as to Community Bank for the amount of $34,931.87 in the account of Adelphia Cable Partners ( Signed by Judge Adalberto Jordan on 6/27/02) [EOD Date: 7/1/02] (gz, Deputy Clerk) (Entered: 07/01/2002)

8 of 9

5/7/2007 12:07 PM

CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?935847820410104-L_92...

06/28/2002
07/08/2002 07/10/2002 03/08/2007

73 ORDER granting [70-1] motion for partial dissolution of writ of garnishment as to Bank of America for the amount of $20,068.13 from checking account 000045319571 (Signed by Judge Adalberto Jordan on 6/27/02) [EOD Date: 7/1/02] (gz, Deputy Clerk) (Entered: 07/01/2002)
74 MOTION/Demand by Community Bank of Fl for statutory fee (gz, Deputy Clerk) (Entered: 07/09/2002)
75 ORDER denying as moot [74-1] motion for statutory fee ( Signed by Judge Adalberto Jordan on 7/9/02) [EOD Date: 7/11/02] (gz, Deputy Clerk) (Entered: 07/11/2002)
76 NOTICE by Glenford S. James, Glenford S. James of Voluntary Dismissal of Writ of Garnishment (McKay, Christopher) (Entered: 03/08/2007)

PACER Service Center

Transaction Receipt

05/07/2007 13:09:07

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 5

Cost:

eeoc 1:01-cv-00583-AJ 0.40

9 of 9

5/7/2007 12:07 PM

 </s> FY 2002 Office of General Counsel Annual Report

http://www.eeoc.gov/litigation/02annrpt.html

A Commission suit against a nationwide cable TV company alleged that a technical operations manager subjected black employees to racial epithets, placed a noose in his office and on a company-sponsored "bring your child to work day," hung the noose over his office door, where it was clearly visible to black employees and their children. Six employees received $1.05 million in damages. EEOC v. Adelphia Cable Partners, L.P., d/b/a Adelphia Cable.

1 of 1

5/8/2007 4:12 PM


[CONTENT] Miami | EEOC | Adelphia Cable | February 2001 | the U.S. District Court | the Southern District | Florida ||| Adelphia | Title VII of the Civil Rights Act | 1964 |||  ||| forty-year-old | April 2001 | 42 | U.S.C. | 1981 | the Florida Civil Rights Act ||| May 2002 ||| Title VII | EEOC ||| Adelphia ||| EEOC ||| four year ||| EEOC | 10 days | Adelphia | Court ||| Adelphia | 1,050,000 | six [SUMMARY] The Miami district office of the EEOC brought this suit against Adelphia Cable, a national cable TV company, in February 2001, in the U.S. District Court for the Southern District of Florida.  The complaint alleged that an Adelphia manager subjected black employees to a hostile environment, in violation of Title VII of the Civil Rights Act of 1964.  Specifically, he verbally abused black employees, placed a noose in his office and put it in view of black employees and their children on "bring your child to work day."  The complainant, a forty-year-old black male, intervened in April 2001, adding causes of action under 42 U.S.C. ß 1981, the Florida Civil Rights Act, and state tort law.  After some discovery the parties did a formal mediation and settled the case in May 2002, by entry of a consent decree.  

The decree included non-discrimination and non-retaliation clauses, required development of a written Title VII policy, and provided for training by a firm or organization approved by the EEOC (which also was authorized to attend the training).  It also required Adelphia to designate an ombudsperson who would receive complaints of discrimination.  Adelphia was required to retain records relating to discrimination complaints or allegations, and to report complaints to the EEOC, periodically.  The injunctive parts of the decree had a four year term.  If the EEOC found non-compliance, the decree required 10 days notice to Adelphia and then mediation, prior to application to the Court for enforcement.  In addition, Adelphia agreed to pay $1,050,000 in compensatory damages, distributed to six individual employees.

