1

MARY JO O'NEILL #005924

C. EMANUEL SMITH

2

SALLY C. SHANLEY # 012251

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

3

Phoenix District Office

3300 North Central Avenue, Suite 690

4

Phoenix, Arizona 85012

Telephone: (602) 640-5032

5

Attorneys for Plaintiff

6 IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8

9 Equal Employment Opportunity

Commission

10

Plaintiff,

11

VS.

12 Aztec Inn Properties, LLC. an Arizona Corporation, dba Clarion
13 Hotel - Randolph Park; HSL Properties Financial Corporation, an
14 Arizona Corporation

CIV 02-324 TUC RCC FIRST AMENDED COMPLAINT AND JURY TRIAL DEMAND

15 Defendants.
16

17

NATURE OF THE ACTION

18

This is an action under Title I and Title V of the Americans with Disabilities

19 Act (ADA) of 1990 and Title I of the Civil Rights Act of 1991 to correct unlawful

20 employment practices on the basis of disability and to provide appropriate relief to

21 Steve Garcia, Mary Ann Kluck, Jenny Dapice, Christina Gutierrez, Juan Rivera

22 and David Laborin, who were adversely affected by such practices. Steve

23 Garcia, Mary Ann Kluck, Jenny Dapice, Christina Gutierrez, Juan Rivera and

24 David Laborin had the terms and conditions of their employment altered, were

25 denied reasonable accommodations and were ultimately terminated because of

26 their disabilities, which include mental retardation and Down's Syndrome. In

27 addition, Defendants unlawfully interfered with the rights of these individuals

28 which are granted or protected by the ADA.

1

2

JURISDICTION AND VENUE

3 1 Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,

4

1337, 1343 and 1345. This action is authorized and instituted pursuant to

5

Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42

6

U.S.C. § 12117(a), which incorporates by reference "Sections 706(f)(1) and

7

(3) and 707" of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42

8

U.S.C. "§§ 2000e-5(f)(1) and (3) and 2000e-6.and pursuant to Section 102

9

of the Civil Rights Act of 1991, 42 U.S.C. § 1981 a.

10 2. The employment practices alleged to be unlawful were committed within

11

the jurisdiction of the United States District Court for the District of Arizona.

12

PARTIES

13 3. Plaintiff, the Equal Employment Opportunity Commission (the

14

"Commission"), is the agency of the United States of America charged with

15

the administration, interpretation and enforcement of Title I of the ADA and

16

is expressly authorized to bring this action by Section 107(a) of the ADA,

17

42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1)

18

and (3) and 707 of Title VII.", 42 U.S.C. §§ 2000e-5(f)(1) and 2000e-6." .

19 4. At all relevant times, Defendant, Aztec Inn Properties, LLC, an Arizona

20

corporation dba Clarion Hotel - Randolph Park ("Clarion"), has continuously

21

been doing business in the State of Arizona and the City of Tucson, and

22

has continuously had at least 15 employees.

23 5. At all relevant times, Defendant, HSL Properties Financial Corporation, an

24

Arizona corporation ("HSL") has continuously been doing business in the

25

State of Arizona and the City of Tucson, and has continuously had at least

26

15 employees.

27 6. At all relevant times, Defendants have continuously been employers

28

engaged in an industry affecting commerce under Section 101(5) of the

2

1

ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C.

2

§ 12111(7), which incorporates by reference Sections 701(g) and (h) of

3

Title VII, 42 U.S.C. §§ 2000e(g) and (h).

4 7 At all relevant times, Defendants have been covered entities under Section

5

101(2) of the ADA, 42 U.S.C. § 12111(2).

6

STATEMENT OF CLAIMS

7 8. More than thirty days prior to the institution of this lawsuit, Steve Garcia,

8

Mary Ann Kluck, Jenny Dapice and Christina Gutierrez filed charges with

9

the Commission alleging violations of Title I and Title V of the ADA by

10

Defendant Employers. All conditions precedent to the institution of this

11

lawsuit have been fulfilled.

12 9. Since at least August, 1998, Defendants have engaged in unlawful

13

employment practices at its Tucson location, in violation of Title I of the

14

ADA, 42 U.S.C. §§ 12101 et seq. These practices include:

15

a. Altering the terms and condition of employment for Steve Garcia,

16

Mary Ann Kluck, Jenny Dapice, Christina Gutierrez, Juan Rivera and

17

David Laborin because of their disabilities, including but not limited

18

to, reassigning them to different work locations, segregating them

19

from the rest of the housekeeping staff for lunch breaks, excluding

20

them from staff meetings and altering the tip practices and payment.

21

22

b. Failing to provide reasonable accommodations for the disabilities of

23

Steve Garcia, Mary Ann Kluck, Jenny Dapice, Christina Gutierrez,

24

Juan Rivera and David Laborin.

25

c. Discharging Steve Garcia, Mary Ann Kluck, Jenny Dapice, Christina

26

Gutierrez, Juan Rivera and David Laborin because of their

27

disabilities.

28 10. In the alternative, since at least August, 1998, Defendants have engaged in

3

1

unlawful employment practices at its Tucson location, in violation of Section

2

503(b) of the ADA, 42 U.S.C. §12203(b), by interfering with the rights of

3

Steve Garcia, Mary Ann Kluck, Jenny Dapice, Christina Gutierrez, Juan

4

Rivera and David Laborin granted or protected by the Americans with

5

Disability Act.

6 11. The effect of the practices complained of in paragraphs 9 and 10 above

7

I-.as been to deprive Steve Garcia, Mary Ann Kluck, Jenny Dapice,

8

Christina Gutierrez, Juan Rivera and David Laborin of equal employment

9

opportunities and otherwise adversely affect their status as employees

10

because of their disabilities.

11 12. The unlawful employment practices complained of in paragraphs 9 and 10

12

were and are intentional.

13 13. The unlawful employment practices complained of in paragraphs 9 and 10

14

above were and are done with malice or with reckless indifference to the

15

federally protected rights of Steve Garcia, Mary Ann Kluck, Jenny Dapice,

16

Christina Gutierrez, Juan Rivera and David Laborin.

17

PRAYER FOR RELIEF

18

Wherefore, the Commission respectfully requests that this Court:

19 A. Grant a permanent injunction enjoining Defendants, its officers,

20

successors, assigns, and all persons in active concert or participation with

21

it, from engaging in those actions alleged in paragraphs 9 and 10 and any

22

other employment practice which discriminates on the basis of disability.

23 B. Order Defendants to institute and carry out policies, practices, and

24

programs which provide equal employment opportunities for qualified

25

individuals with disabilities, and which eradicate the effects of its past and

26

present unlawful employment practices.

27 C. Order Defendants to make whole Steve Garcia, Mary Ann Kluck, Jenny

28

Dapice, Christina Gutierrez, Juan Rivera and David Laborin, by providing

4

1

appropriate backpay with prejudgment interest, in amounts to be

2

determined at trial, and other affirmative relief necessary to eradicate the

3

effects of its unlawful employment practices, including but not limited to

4

reinstatement of Steve Garcia, Mary Ann Kluck, Jenny Dapice, Christina

5

Gutierrez, Juan Rivera and David Laborin.

6 D. Order Defendants to make whole Steve Garcia, Mary Ann Kluck, Jenny

7

Dapice, Christina Gutierrez, Juan Rivera and David Laborin by providing

8

compensation for past and future nonpecuniary losses resulting from the

9

unlawful practices complained of in paragraphs 9 and 10 above, including

10

emotional pain, suffering, inconvenience, loss of enjoyment of life, and

11

humiliation, in amounts to be determined at trial.

12 E Order Defendants to pay Steve Garcia, Mary Ann Kluck, Jenny Dapice,

13

Christina Gutierrez, Juan Rivera and David Laborin punitive damages for

14

its malicious and reckless conduct, as described in paragraphs 9 and 10

15

above, in amounts to be determined at trial.

16 F. Grant such further relief as the Court deems necessary and proper in the

17

public interest.

18 G. Award the Commission its costs.

19

20

JURY TRIAL DEMAND

21

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

22 complaint.

23

24

RESPECTFULLY SUBMITTED this day of July, 2002

25

GWENDOLYN YOUNG REAMS

26

Associate General Counsel

27

EQUAL EMPLOYMENT

OPPORTUNITY

28

COMMISSION

5

1801 L Street, N.W. Washington, D.C. 20507 MARY JO O'NEILL Acting Regional Attorney C. Emanuel Smith Supervisory Trial Attorney SALLY C. SHANLEY Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, Arizona 85012 (602) 640-5032 Attorneys for Plaintiff
6

 
 CM/ECF - azd - Docket Report

Page 1 of 24

APPEAL, STD, TERMED
U.S. District Court DISTRICT OF ARIZONA (Tucson Division) CIVIL DOCKET FOR CASE #: 4:02-cv-00324-RCC

EEOC v. Aztec Inn Properties, et al Assigned to: Judge Raner C Collins Demand: $0 Cause: 28:451 Employment Discrimination
Plaintiff Equal Employment Opportunity Commission

Date Filed: 06/28/2002 Date Terminated: 09/01/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Mary Joleen O'Neill EEOC 3300 N Central Ave Ste 690 Phoenix, Az 85012-1848 602-640-5044 Fax: 602-640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sally Clifford Shanley EEOC 3300 N Central Ave Suite 690 Phoenix, AZ 85012-1848 602-640-5007 Fax: 602-640-5009 Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Aztec Inn Properties LLC an Arizona Corporation doing business as Clarion Hotel - Randolph Park

represented by David A Selden Ogletree Deakisn Nash Smoak & Stewart PC 2415 E Camelback Rd Ste 800 Phoenix, AZ 85016 602-778-3700 Fax: 602-778-3750 Email: david.selden@ogletreedeakins.com

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report
Defendant HSL Properties Financial Corporation an Arizona Corporation Intervenor Plaintiff Juan Rivera

Page 2 of 24
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jo Ann M Sakato Stinson Morrison Hecker LLP 1850 N Central Ave Ste 2100 Phoenix, AZ 85004-4584 (602)279-1600 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sharon Marie Jutila Ogletree Deakins Nash Smoak & Stewart PC 2415 E Camelback Rd Ste 800 Phoenix, AZ 85016 602-778-3700 Fax: 602-778-3750 Email: sharon.jutila@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David A Selden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jo Ann M Sakato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jose de Jesus Rico Arizona Ctr for Disability Law 100 N Stone Ave Ste 305 Tucson, AZ 85710 520-327-9547 Fax: 520-884-0992 Email: jrico@azdisabilitylaw.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julianne H Carter Carter Law Offices

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report
Intervenor Plaintiff Mary Ann Kluck
Intervenor Plaintiff Christina Gutierrez-Walters

Page 3 of 24
46412 N Black Canyon Hwy Ste 244 Phoenix, AZ 85087 623-465-0276 Fax: 623-465-0491 Email: julie@carterlaw.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rose Ann Daly-Rooney Office of the Attorney General 400 W Congress St Ste S215 Tucson, AZ 85701 520-628-6756 Fax: 520-628-6765 Email: rose.daly-rooney@azag.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jose de Jesus Rico (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julianne H Carter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rose Ann Daly-Rooney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jose de Jesus Rico (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julianne H Carter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rose Ann Daly-Rooney (See above for address) LEAD ATTORNEY

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 4 of 24

Intervenor Plaintiff David Laborin
Intervenor Plaintiff Steve Garcia
ThirdParty Defendant Community Psychology Education Services Ltd TERMINATED: 12/04/2003
ThirdParty Plaintiff Aztec Inn Properties LLC doing business as

ATTORNEY TO BE NOTICED
represented by Jose de Jesus Rico (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julianne H Carter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rose Ann Daly-Rooney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jose de Jesus Rico (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julianne H Carter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rose Ann Daly-Rooney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John R Dacey Gammage & Burnham PLC 2 N Central Ave 18th Floor Phoenix, AZ 85004 602-256-4491 Fax: 602-256-4475 Email: jdacey@gblaw.com TERMINATED: 12/04/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David A Selden (See above for address)

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 5 of 24

Clarion Hotel - Randolph Park
ThirdParty Plaintiff HSL Properties Financial Corporation
ThirdParty Plaintiff Aztec Inn Properties LLC doing business as Clarion Hotel - Randolph Park
ThirdParty Plaintiff HSL Properties Financial Corporation

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jo Ann M Sakato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David A Selden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jo Ann M Sakato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David A Selden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jo Ann M Sakato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sharon Marie Jutila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David A Selden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jo Ann M Sakato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/28/2002

#

Docket Text

1 COMPLAINT FILED (REC) (Entered: 07/02/2002)

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 6 of 24

07/29/2002 09/09/2002 09/13/2002 09/18/2002 09/26/2002 10/07/2002 10/16/2002
10/16/2002 10/17/2002 11/06/2002 11/20/2002
12/10/2002 12/11/2002 12/19/2002

2 FIRST AMENDED COMPLAINT by pla EEOC ;; jury demand [1-1] ; (KDT) (Entered: 07/30/2002)
3 MOTION to intervene as pla by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia [3-1] (REC) (Entered: 09/10/2002)
4 NOTICE of Filing of Acceptance of Service of the Summonses by EEOC (REC) (Entered: 09/16/2002)
5 JOINDER by pla EEOC to motion to intervene as pla by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia [3-1] [3-1] (SJD) (Entered: 09/19/2002)
6 STIPULATION to extend time to 10/17/02 to answer complaint (amended) [2-1] by pla EEOC, dft HSL Properties Finan [6-1] (SJD) (Entered: 09/27/2002)
7 ORDER by Judge Raner C. Collins granting stipulation to extend time to 10/17/02 to answer complaint (amended) or plead [2-1] by pla EEOC, dft HSL Properties Finan [6-1] (cc: all counsel) (REC) (Entered: 10/07/2002)
8 ORDER by Judge Raner C. Collins granting motion to intervene as pla by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia [3-1]; It Is Further Ordered that Intervenors Complaint lodged on September 9,02 shall be filed as of the date of this order. (cc: all counsel) (REC) (Entered: 10/16/2002)
9 Pla Intervenor COMPLAINT FILED (REC) Modified on 10/16/2002 (Entered: 10/16/2002)
10 ANSWER to first complaint (amended) and third-party complaint [2-1] by Aztec Inn Properties, HSL Properties Finan (REC) (Entered: 10/21/2002)
11 RETURN OF SERVICE EXECUTED upon Community Pyschology and Education Services, summons/complaint on 10/30/02 (REC) (Entered: 11/07/2002)
12 ANSWER to Intervenors' complaint [9-1] AND THIRD PARTY COMPLAINT by dft Aztec Inn Properties, dft HSL Properties Finan; adding third-party defendant Community Psychology Education Services, Ltd (SJD) (Entered: 12/24/2002)
13 STIPULATION to extend time for answer by pla, third dft (REC) (Entered: 12/11/2002)
14 ORDER by Judge Raner C. Collins granting stipulation to extend time to answer to 12/18/02 by pla, third dft (cc: all counsel) (REC) (Entered: 12/11/2002)
15 ANSWER TO third-party complaint [12-2] by third-party defendant Community Psychology Education Services, Ltd (SJD) (Entered: 12/24/2002)

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 7 of 24

01/08/2003
01/24/2003 02/07/2003 02/10/2003 02/14/2003
02/20/2003
02/20/2003 02/20/2003 02/28/2003 02/28/2003 03/03/2003 03/03/2003 03/03/2003 03/04/2003 03/05/2003 03/21/2003

16 ORDER by Judge Raner C. Collins ; prel scheduling conf set for 9:30 2/14/03 before Judge Collins Law Clerk Kerry Milazzo. It Is Further Ordered the parties shall file with the Court on or before 2/7/03 a joint report reflecting the results of their conference. (cc: all counsel) (REC) (Entered: 01/08/2003)
17 NOTICE of service of discovery by pla intervenor. (REC) (Entered: 01/27/2003)
18 CASE MGT PLAN/REPORT: ; ; (REC) (Entered: 02/10/2003)
19 NOTICE of Filing Original Signatures for Joint Case Management Report by EEOC (REC) (Entered: 02/11/2003)
20 SCHEDULING ORDER by Judge Raner C. Collins ; discovery due 10/31/03 ; dispositive motions due 3/5/04 ; pretrial order due 3/5/03 ; Status report ddl set for 6/16/03 and every 45 days thereafter (cc: all counsel) re: order (scheduling) [20-1] (REC) (Entered: 02/14/2003)
21 ORDER by Judge Raner C. Collins A scheduling order was issued in this case on 2/14/03. It has come to the Courts attention that the deadline for filing the pretrial order was erroneously set for 3/5/03; PTO ddl set for 3/5/04 (cc: all counsel) (REC) (Entered: 02/20/2003)
22 MOTION for summary judgment on third-party complaint by Community Psychology [22-1] (REC) (Entered: 02/21/2003)
23 STATEMENT OF FACTS by Community Psychology re motion for summary judgment on third-party complaint by Community Psychology [22-1] [22-1] (REC) (Entered: 02/21/2003)
24 NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by intervenor (REC) (Entered: 03/03/2003)
25 STIPULATION and Request to extend time for dft to respond to pla intervenors discovery requests by dft (REC) (Entered: 03/03/2003)
26 NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by Community Psychology (REC) (Entered: 03/04/2003)
27 NOTICE of service of discovery by dft. (REC) (Entered: 03/04/2003)
28 NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by dft (REC) (Entered: 03/04/2003)
29 NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by EEOC (REC) (Entered: 03/05/2003)
30 ORDER by Judge Raner C. Collins granting stipulation and Request to extend time from 2/24/03 to 2/28/03 for dft to respond to pla intervenors discovery requests by dft (cc: all counsel) (REC) (Entered: 03/05/2003)
31 STIPULATION and Request to extend time for dft to respond to thirdparty dfts motion for summary judgment on third-party complaint by pla, dft (REC) (Entered: 03/24/2003)

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 8 of 24

03/24/2003
03/28/2003 03/28/2003 04/02/2003 04/02/2003 04/02/2003
04/02/2003 04/02/2003 04/03/2003 04/03/2003 04/03/2003 04/04/2003 04/07/2003
04/14/2003

32 ORDER by Judge Raner C. Collins granting stipulation and Request to extend time for dft to respond to third-party dfts motion for summary judgment on third-party complaint from 3/24/03 to 4/2/03 pla, dft (cc: all counsel) (REC) (Entered: 03/24/2003)
33 STIPULATION regrading filing first amended complaint by pla, dft (REC) (Entered: 03/31/2003)
34 AMENDED COMPLAINT ; By Pla Intv [9-1] (REC) (Entered: 04/08/2003)
35 NOTICE of service of discovery by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia . (REC) (Entered: 04/03/2003)
36 MOTION to continue consideration of summary judgment pending additional discovery pursuant to Rule 56(f) by Aztec Inn Properties, HSL Properties Finan [36-1] (REC) (Entered: 04/04/2003)
37 MOTION to strike paragraph 3 of third party dfts statement of facts in support of motion for summary judgment on third complaint or in the alternative controverting statement of facts in support of response to motion for summary judgment on third-party complaint by Aztec Inn Properties, HSL Properties Finan [37-1] (REC) (Entered: 04/04/2003)
38 RESPONSE by Aztec Inn Properties, HSL Properties Finan to motion for summary judgment on third-party complaint by Community Psychology [22-1] (REC) (Entered: 04/04/2003)
39 STATEMENT OF FACTS by Aztec Inn Properties, HSL Properties Finan re response to motion for summary judgment on third-party complaint. [38-1] (REC) (Entered: 04/04/2003)
41 MOTION for summary judgment by dft [41-1] (REC) (Entered: 04/07/2003)
42 STATEMENT OF FACTS by dft re motion for summary judgment by dft [41-1] (REC) (Entered: 04/07/2003)
43 REQUEST for Oral Argument by dft (REC) (Entered: 04/07/2003)
40 ORDER by Judge Raner C. Collins granting stipulation regrading filing first amended complaint lodged with the Court on 3/28/03 by pla, dft (cc: all counsel) (REC) (Entered: 04/04/2003)
44 ERRATA(Notice of Clarification) regrading an affidavit submitted in support of the Clarions Response to Third-oarty Dfts Motion for Summary Judgment and in support of the Clarions Motion for summary Judgment by dft Aztec Inn Properties, dft HSL Properties Finan, thirdparty plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan to (REC) (Entered: 04/09/2003)
45 ANSWER to Intervenors first amd complaint (amended) [34-1] AND THIRD PARTY COMPLAINT against Community Psychology &

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 9 of 24

04/21/2003 04/21/2003 04/21/2003
04/21/2003 04/22/2003 04/24/2003 04/24/2003 04/24/2003 04/24/2003
04/25/2003

Education Services by dft Aztec Inn Properties, dft HSL Properties Finan (PAB) (Entered: 04/16/2003)
46 RESPONSE by third-party defendant Community Psychology to statement of controverting facts [39-1] (REC) (Entered: 04/22/2003)
48 REPLY by third-party defendant Community Psychology to response to motion for summary judgment on third-party complaint by Community Psychology [22-1]; Response to Motion for Continuance Under Rule 56 (F) and Motion to Strike. (REC) (Entered: 04/23/2003)
48 Reply In Suppot of Motion for Summary Judgment on third Party Complaint;RESPONSE by Community Psychology to motion to strike paragraph 3 of third party dfts statement of facts in support of motion for summary judgment on third complaint or in the alternative controverting statement of facts in support of response to motion for summary judgment on third-party complaint by Aztec Inn Properties, HSL Properties Finan [37-1], motion to continue consideration of summary judgment pending additional discovery pursuant to Rule 56(f) by Aztec Inn Properties, HSL Properties Finan [36-1] (REC) (Entered: 04/23/2003)
49 Supplemental STATEMENT OF FACTS by third-party defendant Community Psychology re response to motion for continuance under rule 56(F) and motion to strike [48-1], reply to response to motion for summary judgment [48-1] (REC) (Entered: 04/23/2003)
47 NOTICE of Filing Original Declarations by Third-Party Dft. (REC) (Entered: 04/23/2003)
50 ORDER by Judge Raner C. Collins setting motion for summary judgment on third-party complaint by Community Psychology [22-1] at 9:30 6/16/03. The Court has allotted on hour for this hearing. before Judge Raner C. Collins (cc: all counsel) (REC) (Entered: 04/24/2003)
51 ORDER by Judge Raner C. Collins denying motion to continue consideration of summary judgment pending additional discovery pursuant to Rule 56(f) by Aztec Inn Properties, HSL Properties Finan [36-1] (cc: all counsel) (REC) (Entered: 04/24/2003)
52 MOTION for expedited ruling by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [52-1] (REC) (Entered: 04/25/2003)
53 MOTION to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1] , for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2] (REC) (Entered: 04/25/2003)
54 NOTICE by pla OF TAKING DEPO OF Elbeia Meza on the following

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 10 of 24

04/25/2003 04/25/2003 04/25/2003 04/25/2003 04/28/2003 04/30/2003 05/02/2003 05/07/2003
05/07/2003
05/07/2003 05/08/2003 05/08/2003

date(s): 5/27/03 at 10:00am (former emp) (Entered: 04/28/2003)
55 NOTICE of 30(b)(6) Deposition by pla OF TAKING DEPO OF Aztec Inn Properties, HSL Properties Financial Corporation on the following date(s): 5/14/03 at 1:00pm (former emp) (Entered: 04/28/2003)
56 NOTICE by pla OF TAKING DEPO OF Gabriele Yanez on the following date(s): 5/27/03 at 1:00pm (former emp) (Entered: 04/28/2003)
57 AMENDED NOTICE by pla OF TAKING DEPO OF Glenn Toyoshima on the following date(s): 5/14/03 at 9:00am (former emp) Modified on 05/19/2003 (Entered: 04/28/2003)
58 NOTICE by pla OF TAKING DEPO OF Gayle Venner on the following date(s): 5/28/03 at 9:00am (former emp) (Entered: 04/28/2003)
59 AFFIDAVIT of Sally C.Shanley by pla EEOC (REC) (Entered: 04/29/2003)
60 ANSWER to third-party [45-2] by third-party defendant Community Psychology (REC) (Entered: 05/01/2003)
61 STIPULATION to extend time for a response to dfts motion for summary judgment by pla EEOC (REC) (Entered: 05/05/2003)
RESPONSE by dft Aztec Inn Properties, dft HSL Properties Finan to motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1]; Cross Motion for Court-Supervised Settlement Conference and Cross-Motion for Protective Order. (REC) (Entered: 05/08/2003)
63 CROSS-MOTION for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1] , for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] and RESPONSE to motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1] [53-1] by dft Aztec Inn Properties, dft HSL Properties Finan (REC) (Entered: 05/08/2003)
65 Certification of Moving Counsel; by dft re motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] [63-2] (JKM) (Entered: 05/09/2003)
62 ORDER by Judge Raner C. Collins granting stipulation to extend time by 30 days for a response to dfts motion for summary judgment by pla EEOC (cc: all counsel) (ABU) (Entered: 05/08/2003)
64 ORDER by Judge Raner C. Collins setting motion for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1] at 9:30 5/12/03, re: motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] [63-2], re: motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, thirdparty plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 11 of 24

05/16/2003 05/16/2003 05/19/2003
05/19/2003
05/20/2003 05/20/2003

Finan [53-1] [53-1], re: motion for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2] [53-2] (cc: all counsel) (REC) (Entered: 05/08/2003)
66 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Aztec Inn Porperties & HSL Properties Financial Corporation on the following date (s): 5/29/03 (SJD) Modified on 05/19/2003 (Entered: 05/19/2003)
67 AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Glenn Toyoshima on the following date(s): 5/29/03 (SJD) (Entered: 05/19/2003)
68 MINUTE ENTRY before Judge Raner C. Collins . Crt Rptr: B Brunotte. re: motion for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2] [53-2], re: motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1] [53-1], re: motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] [63-2], re: motion for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1] [63-1], re: motion for summary judgment by dft [41-1] ; court will issue a formal order re its ruling [cc: rcc,all cnsl]] [68-1] (SJD) (Entered: 05/19/2003)
69 ORDER by Judge Raner C. Collins granting motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1], granting motion for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2], pla's may proceed with the depositions currently scheduled; dismissing with leabe to refile the motion for summary judgment by dft [41-1] after relevant discovery is completed, granting motion for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1] ; settlement conference set for 9:30 7/15/03 , before Magistrate Judge Charles R. Pyle denying motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2], finding the motion for expedited ruling by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan, third-party plaintiff Aztec Inn Properties, thirdparty plaintiff HSL Properties Finan [52-1] denied as moot. (cc: all counsel) (SJD) (Entered: 05/19/2003)
70 NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenorplaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Elbeia Meza on the following date(s): 5/28/03 at 9am. (REC) (Entered: 05/21/2003)
71 NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 12 of 24

05/27/2003 05/27/2003 05/29/2003 06/12/2003 06/16/2003 06/18/2003 06/19/2003 07/15/2003 07/17/2003
08/01/2003

plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 5/28/03 at 1pm. (REC) (Entered: 05/21/2003)
72 NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenorplaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Elbeia Meza on the following date(s): 6/18/03 at 8am. (REC) (Entered: 05/28/2003)
73 NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenorplaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 6/18/03 at 12pm. (REC) (Entered: 05/28/2003)
74 NOTICE of service of discovery by third-party defendant Community Psychology . (SJD) (Entered: 05/30/2003)
75 NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenorplaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 6/18/03 at 12pm. (REC) (Entered: 06/13/2003)
76 MINUTE ENTRY before Judge Raner C. Collins . Crt Rptr: Bonnie Brunotte. taking under advisement on 6/17/03 the motion for summary judgment on third-party complaint by Community Psychology [22-1]; Formal order to follow. [cc: all cnsl]] [76-1] (REC) (Entered: 06/17/2003)
77 NOTICE of service of discovery by third-party defendant Community Psychology . (REC) (Entered: 06/19/2003)
78 NOTICE by intervenor-plaintiff OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 7/9/03 (SJD) (Entered: 06/20/2003)
79 MINUTE ENTRY before Magistrate Judge Charles R. Pyle . . ; settlement conference held. No agreement reached. [cc: all cnsl]] [79-2] (REC) (Entered: 07/17/2003)
80 ORDER by Magistrate Judge Charles R. Pyle ; settlement conference continued for 9:00 8/7/03 , before Magistrate Judge Charles R. Pyle. Counsel for the pla together with their clients shall meet at 9am in Judge Pyle's Chambers Ste 5660. Counsel for Aztec Inn Properties LLC with their clients shall meet at 10am. Counsel for Community Psychology Education Services Ltd with their clients shall meet at 11am. All participants should plan to be available for the remainder of the day. (cc: all counsel) (REC) (Entered: 07/17/2003)
81 ORDER by Magistrate Judge Charles R. Pyle ; settlement conference reset for 9:00 8/18/03 , before Magistrate Judge Charles R. Pyle; counsel for plas, together with their clients, shall meet at 9:00 am in Magistrate

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 13 of 24

08/12/2003
08/18/2003 08/20/2003 09/02/2003
10/07/2003 10/31/2003 11/03/2003 11/06/2003 11/06/2003

Judge Pyle's chambers; counsel for Aztec Inn Properties, with their clients shall meet at 10:00; counsel for community Phsychology Education Services, with their clients, shall meet at 11:00; all participants should plan to be available for the remainder of the day (cc: all counsel) (SJD) (Entered: 08/01/2003)
82 First Joint Settlement STATUS REPORT by pla EEOC, dft Aztec Inn Properties, dft HSL Properties Finan, intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenorplaintiff Steve Garcia, third-party plaintiff Aztec Inn Properties, thirdparty plaintiff HSL Properties Finan, third-party defendant Community Psychology, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan (REC) (Entered: 08/13/2003)
83 MINUTE ENTRY before Magistrate Judge Charles R. Pyle . . ; settlement conference held. No agreement reached. [cc: all cnsl]] [83-2] (REC) (Entered: 08/19/2003)
84 STIPULATION to extend time for 2/14/03 scheduling order ddls to discovery ddl of 1/30/04, dispositive motion ddl of 5/7/04, joint pretrial order w/i 30 days of the resolution of dispositive motions by pla, dft, intervenor-plaintiff, third-party plaintiff, third-party defendant, thirdparty plaintiff (former emp) (Entered: 08/20/2003)
85 ORDER by Judge Raner C. Collins granting stipulation to extend time for 2/14/03 scheduling order ddls to discovery ddl of 1/30/04, dispositive motion ddl of 5/7/04, joint pretrial order w/i 30 days of the resolution of dispositive motions by pla, dft, intervenor-plaintiff, third-party plaintiff, third-party defendant, third-party plaintiff Rebuttal disclosure relating to experts shall be completed on or before 3/12/04; All other witnesses shall be disclosed by 10/31/03; 1/30/04 discovery ddl set for 1/30/04 ; dispositive motions due 5/7/04. The Joint Pretrial Order shall be filed within 30 days of the resolution of the dispositive motions filed. (cc: all counsel) (REC) Modified on 09/02/2003 (Entered: 09/02/2003)
86 MINUTE ENTRY before Magistrate Judge Charles R. Pyle . Continued Settlement Conference held. No agreement reached. [cc: all cnsl]] [86-1] re: minute entry [86-1] (REC) (Entered: 10/08/2003)
87 NOTICE of Service of pla EEOC's and pla-Intervenors List of Witnesses by pla EEOC (JKM) (Entered: 11/03/2003)
88 NOTICE of Service of first supplemental disclosure statement pursuant to FRCivP 26(a) by third-party defendant Community Psychology (former emp) (Entered: 11/04/2003)
89 MOTION for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (REC) (Entered: 11/07/2003)
90 NOTICE of compliance of initial disclosure statement pursuant to

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 14 of 24

11/24/2003 11/24/2003 11/24/2003 12/04/2003 12/04/2003 12/12/2003
12/26/2003 12/26/2003 01/02/2004 01/12/2004 01/12/2004 01/15/2004

FRCivP 26(a) by dft Aztec Inn Properties (REC) (Entered: 11/07/2003)
91 RESPONSE by third-party defendant Community Psychology to motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (PAB) (Entered: 11/25/2003)
92 RESPONSE by pla EEOC to motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (PAB) (Entered: 11/25/2003)
93 RESPONSE by intervenor-plaintiffs to motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (PAB) (Entered: 11/25/2003)
94 ORDER by Judge Raner C. Collins granting motion for summary judgment on third-party complaint by Community Psychology [22-1] Community Psychology is dismissed from this case (cc: all counsel) (SJD) (Entered: 12/04/2003)
95 ORDER by Judge Raner C. Collins denying motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (cc: all counsel) (SJD) (Entered: 12/04/2003)
96 NOTICE of Service of Pla Intervenors Request for Entry Upon Land for Inspection by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenorplaintiff David Laborin, intervenor-plaintiff Steve Garcia (REC) (Entered: 12/22/2003)
97 MOTION for attorney's fees & costs by third-party defendant Community Psychology [97-1] (SJD) (Entered: 01/02/2004)
98 MOTION for entry of 54(b) summary judgment by third-party defendant Community Psychology [98-1] (SJD) (Entered: 01/02/2004)
99 TRANSCRIPT of Third-Party Dft Motion for Summary Judgment by Court Reporter: Bonnie J. Brunotte for the following date(s): 6/16/03 (REC) (Entered: 01/07/2004)
100 RESPONSE and Objection by dft Aztec Inn Properties, dft HSL Properties Finan to motion for entry of 54(b) summary judgment by third-party defendant Community Psychology [98-1] (REC) (Entered: 01/14/2004)
101 RESPONSE by dft Aztec Inn Properties, dft HSL Properties Finan to motion for attorney's fees & costs by third-party defendant Community Psychology [97-1] (REC) (Entered: 01/14/2004)
103 NOTICE of Service of Dfts Objection to Pla-Intervenors Request for Entry Upon Land for Inspection by dft Aztec Inn Properties, dft HSL

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 15 of 24

01/16/2004 01/26/2004
01/27/2004 01/30/2004 02/04/2004 02/04/2004 02/05/2004
02/06/2004 02/06/2004 02/06/2004 02/17/2004
02/17/2004

Properties Finan (REC) (Entered: 01/21/2004)
102 MOTION to stay Proceedings pending Appeal by dft [102-1] (JKM) (Entered: 01/20/2004)
105 REPLY to Dfts Objection to Pla Intervenors Request for Entry Upon Land by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenorplaintiff David Laborin, intervenor-plaintiff Steve Garcia (REC) (Entered: 01/28/2004)
104 ORDER by Judge Raner C. Collins setting motion to stay Proceedings pending Appeal by dft [102-1] at 10:00 2/20/04 (cc: all counsel) (REC) (Entered: 01/27/2004)
106 REPLY by third-party defendant Community Psychology to response to motion for attorney's fees & costs by third-party defendant Community Psychology [97-1] (REC) (Entered: 02/02/2004)
107 MOTION to Compel Documents from Third Party Dft CPES by dft Aztec Inn Properties, dft HSL Properties Finan [107-1] (REC) (Entered: 02/06/2004)
108 STATEMENT OF FACTS(Discovery Requests In Dispute) by dft Aztec Inn Properties, dft HSL Properties Finan re motion to Compel Documents from Third Party Dft CPES by dft Aztec Inn Properties, dft HSL Properties Finan [107-1] [107-1] (REC) (Entered: 02/06/2004)
111 RESPONSE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia to motion to stay Proceedings pending Appeal by dft [102-1] (REC) (Entered: 02/09/2004)
109 NOTICE of service of discovery by dft Aztec Inn Properties, dft HSL Properties Finan . (REC) (Entered: 02/09/2004)
110 MOTION to compel Documents from Third Party Dft CPES by dft Aztec Inn Properties, dft HSL Properties Finan [110-1] (REC) (Entered: 02/09/2004)
112 NOTICE of service of discovery by dft Aztec Inn Properties, dft HSL Properties Finan . (REC) (Entered: 02/09/2004)
113 RESPONSE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia to motion to compel Documents from Third Party Dft CPES by dft Aztec Inn Properties, dft HSL Properties Finan [110-1] (REC) (Entered: 02/20/2004)
114 REPLY by dft Aztec Inn Properties, dft HSL Properties Finan to response to motion to stay Proceedings pending Appeal by dft [102-1] (REC) (Entered: 02/20/2004)

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 16 of 24

02/18/2004 02/19/2004 02/19/2004 02/19/2004 02/20/2004 02/26/2004
02/26/2004 02/26/2004 02/26/2004

115 ATTORNEY APPEARANCE for intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenorplaintiff Steve Garcia by Julianne H Carter (REC) (Entered: 02/20/2004)
116 RESPONSE by third-party defendant Community Psychology to motion to compel Documents from Third Party Dft CPES by dft Aztec Inn Properties, dft HSL Properties Finan [110-1], motion to Compel Documents from Third Party Dft CPES by dft Aztec Inn Properties, dft HSL Properties Finan [107-1] (REC) (Entered: 02/20/2004)
117 STIPULATION re: reasonable accommodation for pla intervenors counsel at 2/20/04 oral argument by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenorplaintiff Steve Garcia (REC) (Entered: 02/20/2004)
118 RESPONSE to Dfts Rule 1.10(k) Statement by third-party defendant Community Psychology (REC) (Entered: 02/20/2004)
119 STIPULATION to extend time to complete discovery by pla EEOC, dft Aztec Inn Properties, dft HSL Properties Finan, intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia (REC) (Entered: 02/23/2004)
120 ORDER by Judge Raner C. Collins setting oral argument on motion for attorney's fees & costs by third-party defendant Community Psychology [97-1] at 11:00 3/29/04; court has allotted one-half hour for this hearing; also to be heard on this date & time is pla intervenors request for entry upon land [96-1]; the court will hear argument on this matter immediately following the argument concerning attorney's fees & costs; ten minute has been allotted fot his particular matter (cc: all counsel) (SJD) (Entered: 02/26/2004)
121 MINUTE ENTRY before Judge Raner C. Collins . Crt Rptr: B. Brunotte. taking under advisement on 2/20/04 the motion to compel Documents from Third Party Dft CPES by dft Aztec Inn Properties, dft HSL Properties Finan [110-1], taking under advisement on 2/20/04 the motion to stay Proceedings pending Appeal by dft [102-1] [cc: rcc all counsel] [121-1] (BAR) (Entered: 02/26/2004)
122 ORDER by Judge Raner C. Collins denying motion to Compel Documents from Third Party Dft CPES by dft Aztec Inn Properties, dft HSL Properties Finan [107-1], denying motion to stay Proceedings pending Appeal by dft [102-1] (cc: all counsel) (BAR) (Entered: 02/26/2004)
123 ORDER by Judge Raner C. Collins granting stipulation to extend time to complete discovery by pla EEOC, dft Aztec Inn Properties, dft HSL Properties Finan, intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia ;

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 17 of 24

03/02/2004
03/05/2004 03/09/2004 03/10/2004 03/11/2004
03/15/2004 03/18/2004 03/18/2004
03/22/2004 03/24/2004
03/25/2004

discovery ddl set for 4/30/04 (cc: all counsel) (BAR) (Entered: 02/26/2004)
124 ORDER by Judge Raner C. Collins deneid as moot motion to strike paragraph 3 of third party dfts statement of facts in support of motion for summary judgment on third complaint or in the alternative controverting statement of facts in support of response to motion for summary judgment on third-party complaint by Aztec Inn Properties, HSL Properties Finan [37-1]. (cc: all counsel) (REC) (Entered: 03/02/2004)
125 MOTION for sanctions for violation of statutory conciliation mandate by dft Aztec Inn Properties, dft HSL Properties Finan [125-1] (REC) (Entered: 03/08/2004)
126 NOTICE by pla EEOC OF TAKING DEPO OF Tom Tracy on the following date(s): 3/25/04 at 9:30am. (REC) (Entered: 03/10/2004)
127 ORDER by Judge Raner C. Collins setting motion for sanctions for violation of statutory conciliation mandate by dft Aztec Inn Properties, dft HSL Properties Finan [125-1] at 11:00 3/29/04. (cc: all counsel) (REC) (Entered: 03/10/2004)
128 NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenorplaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Lynn W. Smith on the following date(s): 3/25/04 at 9:30am. (REC) (Entered: 03/12/2004)
129 RETURN OF SERVICE of civil subpoena; notice of deposition upon Lynn W Smith on 3/11/04, Tucson, AZ (SJD) (Entered: 03/16/2004)
130 RESPONSE by pla EEOC to motion for sanctions for violation of statutory conciliation mandate by dft Aztec Inn Properties, dft HSL Properties Finan [125-1] (PAB) (Entered: 03/19/2004)
131 RESPONSE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia to motion for sanctions for violation of statutory conciliation mandate by dft Aztec Inn Properties, dft HSL Properties Finan [125-1] (REC) (Entered: 03/22/2004)
132 RESPONSE by third-party defendant Community Psychology to motion for sanctions for violation of statutory conciliation mandate by dft Aztec Inn Properties, dft HSL Properties Finan [125-1] (REC) (Entered: 03/23/2004)
133 Amended NOTICE by intervenor-plaintiff Juan Rivera, intervenorplaintiff Mary Ann Kluck, intervenor-plaintiff Christina GutierrezWalters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Lynn W. Smith on the following date(s): 4/14/04 at 9:30am. (REC) (Entered: 03/26/2004)
134 MOTION to exceed the page limit for doc(s) Reply in Support of the

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 18 of 24

03/25/2004 03/29/2004 03/29/2004 03/30/2004 04/06/2004
04/14/2004
04/14/2004

Motion of Sanctions that includes a three-page Reply and 13 page Memorandum of Points and Authorities the by dft Aztec Inn Properties, dft HSL Properties Finan [134-1] (REC) (Entered: 03/29/2004)
LODGED Reply to Responses to Dfts Motion for Sanctions for Violation of Statutory Concilation Mandate by dft Aztec Inn Properties, dft HSL Properties Finan (REC) (Entered: 03/29/2004)
135 ORDER by Judge Raner C. Collins granting motion to exceed the page limit for doc(s) Reply in Support of the Motion of Sanctions that includes a three-page Reply and 13 page Memorandum of Points and Authorities the by dft Aztec Inn Properties, dft HSL Properties Finan [134-1] (cc: all counsel) (REC) (Entered: 03/29/2004)
136 REPLY by dft Aztec Inn Properties, dft HSL Properties Finan to response to motion for sanctions for violation of statutory conciliation mandate by dft Aztec Inn Properties, dft HSL Properties Finan [125-1] (REC) (Entered: 03/29/2004)
137 NOTICE of service of discovery by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenorplaintiff Steve Garcia . (REC) (Entered: 03/31/2004)
138 MINUTE ENTRY before Judge Raner C. Collins . Crt Rptr: Bonnie Brunotte. taking under advisement on 3/30/04 the motion for sanctions for violation of statutory conciliation mandate by dft Aztec Inn Properties, dft HSL Properties Finan [125-1], taking under advisement on 3/30/04 the motion for attorney's fees & costs by third-party defendant Community Psychology [97-1] [cc: all cnsl]] [138-1] (REC) (Entered: 04/06/2004)
139 ORDER by Judge Raner C. Collins Re: granting notice request for entry upon land [96-1]; granting motion for entry of 54(b) summary judgment by third-party defendant Community Psychology [98-1], granting motion for attorney's fees & costs by third-party defendant Community Psychology [97-1]; It Is Also Ordered that Third-Party Dft's Oral Motion to hold Mr. David Selden and Stinson Morrison Hecker L.L.P personally liable for all or a portion of CPES's attorneys fees is DENIED. Denying Motion for sanctions for violation of statutory conciliation mandate by dft Aztec Inn Properties, dft HSL Properties Finan [125-1]. (cc: all counsel) (REC) (Entered: 04/14/2004)
140 JUDGMENT pursuant to Rule 54(b) by Judge Raner C. Collins : re: order filed [139-1] Is Is Ordered and Adjudged that summary judgment in favor of CPES is granted. The Court finds that the indemnity claim fails as a matter of law and the breach of contract claim is a purely state matter that is inappropriate in this Court. CPES is hereby dismissed from the case. It Is Also Ordered and Adjudged that CPES Motion for Attorneys Fees and Costs is partially granted. CPES is awarded $30,000 as fees and costs against Third-Party Pla's Aztec Inn Properties, dba Clarion Inn and HSL Properties Financial Corporation.(cc: all counsel) (REC) Modified

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 19 of 24

04/26/2004 05/07/2004 05/11/2004
05/12/2004
05/12/2004 05/12/2004 05/24/2004 05/26/2004

on 05/24/2004 (Entered: 04/14/2004)
141 Amended NOTICE by pla EEOC OF TAKING DEPO OF Tom Tracy on the following date(s): 4/29/04 (REC) (Entered: 04/27/2004)
142 STIPULATION to extend time for 30 days to file dispositive motions, discovery and the pretrial order by pla, dft (BAR) (Entered: 05/10/2004)
143 ORDER by Judge Raner C. Collins granting stipulation to extend time for 30 days to file dispositive motions, discovery and the pretrial order by pla, dft ; dispositive motions due 6/7/04 and all other deadlines previosly set by this Court shall be extended in a complementary manner. (cc: all counsel) (BAR) (Entered: 05/11/2004)
144 NOTICE of Interlocutory Appeal by Aztec Inn Properties, HSL Properties Finan from District Court judgment [140-1], order [139-1], and order [94-2] (cc: 9CCA/all counsel/judge)(JKM) Modified on 05/24/2004 (Entered: 05/17/2004)
Received $255.00 appeal fee re NOTICE of Interlocutory Appeal [144-1] (JKM) (Entered: 05/17/2004)
Civil Appeals Docketing Statement forwarded to 9th Circuit re NOTICE of Interlocutory Appeal [144-1] (JKM) (Entered: 05/17/2004)
APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE of Interlocutory Appeal [144-1] (REW) (Entered: 05/24/2004)
147 Certified Copy of 9th Circuit Order re NOTICE of Interlocutory Appeal; TIME SCHEDULE ORDER; Appellant/petitioner shall notify appellee/respondent of transcripts to be ordered, pursuant to Circuit Rule 10-3.1(a); by 5/24/04 Appellee/respondent shall notify appellant/petitioner of any additional transcripts needed, pursuant to Circuit Rule 10-3.1(b); by 6/1/04 Appellant/petitioner shall file transcript order form with the district court and make payment arrangements with court reporter, pursuant to Circuit Rule 10-3.1; by 6/11/04 Court reporter shall file transcript in the district court, pursuant to FRAP 11(b) and Circuit rule 11-1.1; by 7/12/04 Appellant/petitioner's opening brief and excerpts of record shall be served and filed pursuant to FRAP 32 and Circuit Rule 32-1; by 8/30/04 The brief of appellee/respondent shall be filed and served, pursuant to FRAP 32 and Circuit Rule 32-1; by 9/27/04 The optional appellant/petitioner reply brief shall be filed and served within 14 days of service of the appellee/respondent's brief, pursuant to FRAP 32 and Circuit Rule 32-1. Failure of the appellant to comply with the time schedule order will result in automatic dismissal of the appeal. Circuit Rule 42-1. Appellants/Petitioners without representation of counsel in a prisoner appeal may have their case submitted on the briefs and record without oral argument, pursuant to FRAP 34(a). Within 10 days of the filing of the appellant's opening brief, parties may file a statement setting forth the reasons why, in the opinion of the parties, oral argument should be heard. [144-1] (cc: judge) (JKM) (Entered: 06/08/2004)

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 20 of 24

06/01/2004
06/04/2004 06/08/2004 06/15/2004 06/16/2004 06/16/2004 06/19/2004

145 AMENDED JUDGMENT by Judge Raner C. Collins : re: judgment; Ordered & adjudged that summary judgment in favor of CPES is gr. Court finds that the indemnity claim fails as a matter of law and the brech of contract claim is a purely state matter that is inappropriate in this Court. CPES is hereby dismissed from the case. Ordered and adjudged tha CPES' Motion for Attorney's Fees and Costs is partially gr. CPES is awarded $30,000 as fees and costs against Third-Party plas Aztec Inn Properties, dba Clarion Inn and HSL Properties Financial Corp. The Court determines that there is no just reason for delay, and therefore Ordered that this judgment is final in accordance with rule 54(b), FRCP [140-1] (cc: all counsel) (JKM) (Entered: 06/01/2004)
146 STIPULATION to continue ddl for filing dispositive mtn until 7/16/04 by pla, dft, intervenor-plaintiff (PAB) (Entered: 06/07/2004)
Notification by 9th Circuit of Appellate Docket Number 04-16080 re NOTICE of Interlocutory Appeal [144-1] (JKM) (Entered: 06/08/2004)
148 ORDER by Judge Raner C. Collins granting stipulation to continue ddl for filing dispositive mtn until 7/16/04 by pla, dft, intervenor-plaintiff ; dispositive motions due 7/16/04; and all other deadlines previously set by this court shall be extneded in a complementary manner (cc: all counsel) (JKM) (Entered: 06/15/2004)
150 MOTION to stay proceedings to enforce the judgment upon appeal and the posting of security for appeal by dft [150-1] (JKM) (Entered: 06/25/2004)
151 MOTION for relief from Judgment by dft Aztec Inn Properties, dft HSL Properties Finan [151-1] (JKM) (Entered: 06/25/2004)
170 Certified Copy of 9th Circuit Order re NOTICE of Interlocutory Appeal; TIME SCHEDULE ORDER; Appellant/petitioner shall notify appellee/respondent of transcripts to be ordered, pursuant to Circuit Rule 10-3.1(a); by 7/2/04 Appellee/respondent shall notify appellant/petitioner of any additional transcripts needed, pursuant to Circuit Rule 10-3.1(b); by 7/12/04 Appellant/petitioner shall file transcript order form with the district court and make payment arrangements with court reporter, pursuant to Circuit Rule 10-3.1; by 7/22/04 Court reporter shall file transcript in the district court, pursuant to FRAP 11(b) and Circuit rule 11-1.1; by 8/23/04 Appellant/petitioner's opening brief and excerpts of record shall be served and filed pursuant to FRAP 32 and Circuit Rule 32-1; by 10/8/04 The brief of appellee/respondent shall be filed and served, pursuant to FRAP 32 and Circuit Rule 32-1; by 11/8/04 The optional appellant/petitioner reply brief shall be filed and served within 14 days of service of the appellee/respondent's brief, pursuant to FRAP 32 and Circuit Rule 32-1. Failure of the appellant to comply with the time schedule order will result in automatic dismissal of the appeal. Circuit Rule 42-1. Appellants/Petitioners without representation of counsel in a prisoner appeal may have their case submitted on the briefs and record without oral argument, pursuant to FRAP 34(a). Within 10 days of the filing of the appellant's opening brief, parties may file a statement setting

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 21 of 24

06/22/2004
06/22/2004 06/22/2004 06/22/2004 06/24/2004 06/28/2004 06/28/2004 06/28/2004 06/30/2004 06/30/2004 06/30/2004 07/01/2004
07/02/2004 07/06/2004

forth the reasons why, in the opinion of the parties, oral argument should be heard. [155-1] (cc: judge) (JKM) (Entered: 07/26/2004)
155 NOTICE of Interlocutory Appeal by Aztec Inn Properties, HSL Properties Finan from District Court judgment [145-1], judgment [1401], order filed [139-1], Community Psychology is dismissed from this case [94-1], order filed [94-2] (cc: 9CCA/all counsel/judge) (JKM) (Entered: 06/29/2004)
Received $255.00 appeal fee re NOTICE of Interlocutory Appeal [155-1] (JKM) (Entered: 06/29/2004)
Civil Appeals Docketing Statement forwarded to 9th Circuit re NOTICE of Interlocutory Appeal [155-1] (JKM) (Entered: 06/29/2004)
156 REPRESENTATION STATEMENT by dft Aztec Inn Properties, dft HSL Properties Finan re NOTICE of Interlocutory Appeal [155-1] (JKM) (Entered: 06/29/2004)
149 DECLARATION of Glenn Toyoshima by dft Aztec Inn Properties, dft HSL Properties Finan (REC) (Entered: 06/25/2004)
152 APPLICATION by dft Aztec Inn Properties for Writ of Garnishment as to Bank of Tucson for Monies or Property. (REC) Modified on 06/29/2004 (Entered: 06/29/2004)
153 APPLICATION for Writ of Garnishment for Monies or Property as to Bank One Arizona by dft Aztec Inn Properties (REC) Modified on 06/29/2004 (Entered: 06/29/2004)
154 APPLICATION by dft Aztec Inn Properties for Writ of Garnishment as to Bank of America for Monies or Property. (REC) Modified on 06/29/2004 (Entered: 06/29/2004)
157 RETURN OF SERVICE EXECUTED upon Bank of America writ of garnishment and summons on 6/29/04. (REC) (Entered: 07/01/2004)
158 RETURN OF SERVICE EXECUTED upon Bank One Arizona writ of garnishment and summons on 6/29/04. (REC) (Entered: 07/01/2004)
159 RETURN OF SERVICE EXECUTED upon Bank of Tucson writ of garnishment on 6/29/04. (REC) (Entered: 07/01/2004)
160 MOTION for expedited consideration of dfts motion to stay proceedings to enforce judgment upon appeal and the posting of security for appeal by dft Aztec Inn Properties, dft HSL Properties Finan [160-1] , motion to quash writs of garnishment by dft Aztec Inn Properties, dft HSL Properties Finan [160-2] (REC) (Entered: 07/06/2004)
165 NOTICE by dft of No Transcript Necessary/Pursuant to Circuit Rule 103.1(c) (JKM) (Entered: 07/14/2004)
161 RESPONSE by third-party defendant Community Psychology to motion to stay proceedings to enforce the judgment upon appeal and the posting of security for appeal by dft [150-1] (REC) (Entered: 07/07/2004)

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 22 of 24

07/06/2004 07/09/2004
07/12/2004 07/15/2004 07/15/2004 07/15/2004 07/15/2004 07/20/2004 07/26/2004 07/28/2004

162 RESPONSE by third-party defendant Community Psychology to motion for relief from Judgment by dft Aztec Inn Properties, dft HSL Properties Finan [151-1] (REC) (Entered: 07/07/2004)
163 ORDER by Judge Raner C. Collins granting motion for expedited consideration of dfts motion to stay proceedings to enforce judgment upon appeal and the posting of security for appeal by dft Aztec Inn Properties, dft HSL Properties Finan [160-1], granting motion motion to quash writs of garnishment by dft Aztec Inn Properties, dft HSL Properties Finan [160-2], granting motion for relief from Judgment by dft Aztec Inn Properties, dft HSL Properties Finan [151-1], granting motion to stay proceedings to enforce the judgment upon appeal and the posting of security for appeal by dft Defendants shall deposit with the Clerk of the Court security in the amount of $10,000 within 10 days of the date of this Order. If dfts fail to deposit said security, the stay in the enforcement of the judgment provided by this order shall be vacated, with no further action needed by the Court to vacate the stay.[150-1] (cc: all counsel) (JKM) (Entered: 07/09/2004)
164 NOTICE of Deposit of Check with the Court as Security for Appeal by dft Aztec Inn Properties, dft HSL Properties Finan. (REC) (Entered: 07/14/2004)
APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE of Interlocutory Appeal [155-1] (JKM) (Entered: 07/15/2004)
166 STIPULATION re: continuance to file dispositive motions by pla, dft, intervenor-plaintiff (JKM) (Entered: 07/16/2004)
167 Reply to CPES' response to dfts motion to stay proceedings to enforce the Judgment upon appeal and the posting of security for appeal; by dft Aztec Inn Properties, dft HSL Properties Financial to motion to stay proceedings to enforce the judgment upon appeal and the posting of security for appeal by dft [150-1] [150-1] (JKM) (Entered: 07/16/2004)
168 Reply to response to motion for relief from judgment by dft Aztec Inn Properties, dft HSL Properties Finan to motion for relief from Judgment by dft Aztec Inn Properties, dft HSL Properties Finan [151-1] [151-1] (JKM) (Entered: 07/16/2004)
169 ORDER by Judge Raner C. Collins granting stipulation re: continuance to file dispositive motions by pla, dft, intervenor-plaintiff ; dispositive motions due 7/30/04 and all other deadlines previously set by this court shall be extended in a complementary manner. (cc: all counsel) (REC) (Entered: 07/20/2004)
Notification by 9th Circuit of Appellate Docket Number 04-16406 re NOTICE of Interlocutory Appeal [155-1] (JKM) (Entered: 07/26/2004)
171 ORDER by Judge Raner C. Collins setting motion for relief from Judgment by dft Aztec Inn Properties, dft HSL Properties Finan [151-1] hearing at 11:30 on 8/23/04. The Court has allotted one half hour for this hearing. (cc: all counsel) (REC) (Entered: 07/28/2004)

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 23 of 24

07/30/2004 08/03/2004 08/18/2004 08/27/2004 08/27/2004 08/31/2004 09/01/2004
09/03/2004 10/04/2004

172 STIPULATION Re: Continuance to File Dispositive Motions by pla EEOC, dft Aztec Inn Properties, dft HSL Properties Finan (REC) (Entered: 08/02/2004)
173 ORDER by Judge Raner C. Collins granting stipulation Re: Continuance to File Dispositive Motions by pla EEOC, dft Aztec Inn Properties, dft HSL Properties Finan ; dispositive motions due 8/30/04 and all other deadlines previously set by this court shall be extended in a complementary manner. (cc: all counsel) (REC) (Entered: 08/03/2004)
174 ORDER by Judge Raner C. Collins vacating [151-1] the motion for relief from Judgment by dft Aztec Inn Properties, dft HSL Properties Finan [151-1]set for 8/23/04 at 11:30 AM (cc: all counsel) re: order filed [1741] (KDT) (Entered: 08/24/2004)
175 NOTICE of Approval of Settlement of Claim and Use of Settlement Funds for Steven Garcia by intervenor-plaintiff Juan Rivera, intervenorplaintiff Mary Ann Kluck, intervenor-plaintiff Christina GutierrezWalters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia (REC) (Entered: 08/30/2004)
176 NOTICE of Lodging of Proposed Consent Decree by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia (REC) (Entered: 08/31/2004)
177 STIPULATION to Dismiss Third Party Complaint by third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan, thirdparty defendant Community Psychology, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan (REC) (Entered: 09/01/2004)
178 DECREE by Judge Raner C. Collins This Decree resolves all claims arising out of the issues between the Commission, Pla Intervenors and Dft Aztec Inn Properties, LLC (Aztec Inn or Dft) in this lawsuit including without limitation, back pay, compensatory and punitive damages, injunctive relief, costs and attorney's fees. All claims against Dft HSL Properties Financial Corporation are resolved through a separate Order of Dismissal with Prejudice. This Consent Decree is not intended to limit the rights of any of the parties with respect to claims against anyone not a party to the Consent Decree. Terminating Case (cc: all counsel) (REC) (Entered: 09/01/2004)
179 SATISFACTION OF JUDGMENT in its favor for attorney's fees in the amount of $30,000 entered by the Court on 24th day of May, 2004 has been satisfied in full by dfts Aztec Inn Properties, dft HSL Properties Finan by third-party defendant Community Psychology. (REC) (Entered: 09/07/2004)
180 CERTIFIED COPY of 9th Circuit Order/Mandate dismissing the NOTICE of Interlocutory Appeal [144-1] (cc: all counsel/judge) (JKM) (Entered: 10/15/2004)

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

CM/ECF - azd - Docket Report

Page 24 of 24

10/07/2004

181 Certified Copy of 9th Circuit Order re NOTICE of Interlocutory Appeal; The appellants' motion for voluntary dismissal is granted. This appeal is dismissed. A certified copy of this order sent to the district court shall act as and for the mandate of this court. [155-1] (cc: judge) (JKM) (Entered: 10/15/2004)

PACER Service Center
Transaction Receipt

03/21/2007 17:34:43

PACER Login: hs0328

Client Code:

Description: Docket Report Search Criteria: 4:02-cv-00324-RCC

Billable Pages: 15

Cost:

1.20

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?486670267426873-L_353_0-1

3/21/2007

 
 USCA9 Docket Sheet for 04-16080

http://pacer.ca9.uscourts.gov/cgi-bin/dktrpt.pl?CASENUM=04-16080&...

General Docket
US Court of Appeals for the Ninth Circuit

Court of Appeals Docket #: 04-16080 Nsuit: 3442 Jobs (Fed) Aztec Inn Properties, et al v. Comm Psychology Ed Appeal from: District of Arizona (Tucson)

Filed: 5/26/04

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Case type information:
1) civil 2) private 3) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lower court information:

District: 0970-4 : CV-02-00324-RCC presiding judge: Raner C. Collins, District Judge court reporter: Bonnie Brunotte, Court Reporter Date Filed: 6/28/02 Date order/judgment: 4/14/04 Date NOA filed: 5/12/04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Fee status: paid

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Prior cases:

None

Current cases:

Lead

Member

Start

End

companion:

04-16080 04-16406 7/19/04

Docket as of October 4, 2004 11:21 pm

Page 1

04-16080 Aztec Inn Properties, et al v. Comm Psychology Ed

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff

Mary Joleen O'Neill, Esq. 602/640-5057 [COR LD gov] Sally C. Shanley, Esq. FAX 602/640-5009 602/640-5032 [COR gov] EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3300 North Central Avenue Suite 690 Phoenix, AZ 85012

v.

JUAN RIVERA Plaintiff-intervenor

Rose Ann Daly-Rooney, Esq. FAX 520/884-0992 520/327-9547 Suite 305 [COR LD ret] ARIZONA CENTER FOR DISABILITY LAW 100 North Stone Ave. Tucson, AZ 85701

1 of 5

6/13/2007 11:29 AM

USCA9 Docket Sheet for 04-16080

http://pacer.ca9.uscourts.gov/cgi-bin/dktrpt.pl?CASENUM=04-16080&...

Jose de Jesus Rico, Esq. 520/327-9547 Suite 305 [COR ret] ARIZONA CENTER FOR DISABILITY LAW 100 North Stone Avenue Tucson, AZ 85701

MARY ANN KLUCK Plaintiff-intervenor

Rose Ann Daly-Rooney, Esq. (See above) [COR LD ret]

Jose de Jesus Rico, Esq. (See above) [COR ret]

CHRISTINA GUTIERREZ-WALTERS Plaintiff-intervenor

Rose Ann Daly-Rooney, Esq. (See above) [COR LD ret]

Jose de Jesus Rico, Esq. (See above) [COR ret]

DAVID LABORIN Plaintiff-intervenor

Rose Ann Daly-Rooney, Esq. (See above) [COR LD ret]

Docket as of October 4, 2004 11:21 pm

Page 2

04-16080 Aztec Inn Properties, et al v. Comm Psychology Ed

Jose de Jesus Rico, Esq. (See above) [COR ret]

STEVE GARCIA Plaintiff-intervenor

Rose Ann Daly-Rooney, Esq. (See above) [COR LD ret]

Jose de Jesus Rico, Esq. (See above) [COR ret]

AZTEC INN PROPERTIES, LLC Defendant-third-party-
plaintiff - Appellant

David A. Selden, Esq. 602/279-1600 Suite 2100 [COR LD NTC ret] Sharon M. Jutila, Esq. FAX 602/240-6925 602/279-1600 Suite 2100 [COR ret] STINSON MORRISON HECKER LLP 1850 North Central Avenue Phoenix, AZ 85004-4584

HSL PROPERTIES FINANCIAL CORPORATION, an Arizona corporation
Defendant-third-partyplaintiff - Appellant

David A. Selden, Esq. (See above) [COR LD NTC ret] Sharon M. Jutila, Esq. (See above) [COR ret]

v.

2 of 5

6/13/2007 11:29 AM

USCA9 Docket Sheet for 04-16080

http://pacer.ca9.uscourts.gov/cgi-bin/dktrpt.pl?CASENUM=04-16080&...

COMMUNITY PSYCHOLOGY EDUCATION SERVICES, LTD.
Third-party-defendant Appellee

John R. Dacey, Esq. 602/256-0566 Suite 1800 [COR LD NTC ret] GAMMAGE & BURNHAM Two North Central Ave Phoenix, AZ 85004

Docket as of October 4, 2004 11:21 pm

Page 3

04-16080 Aztec Inn Properties, et al v. Comm Psychology Ed

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Plaintiff

v.

JUAN RIVERA; MARY ANN KLUCK; CHRISTINA GUTIERREZ-WALTERS; DAVID LABORIN; STEVE GARCIA

Plaintiff-Intervenors

and

AZTEC INN PROPERTIES, LLC; HSL PROPERTIES FINANCIAL CORPORATION, an Arizona corporation

Defendants-third-party-plaintiffs - Appellants

v.

COMMUNITY PSYCHOLOGY EDUCATION SERVICES, LTD.

Third-party-defendant - Appellee

Docket as of October 4, 2004 11:21 pm

Page 4

04-16080 Aztec Inn Properties, et al v. Comm Psychology Ed

5/26/04

DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS SENT (Y/N): n. setting schedule as follows: appellant's designation of RT is due 5/24/04, ; appellee's designation of RT is due 6/1/04; appellant shall order transcript by 6/11/04, ; court reporter shall file transcript in DC by 7/12/04; certificate of record shall be filed by 7/19/04 ; appellant's opening brief is due 8/30/04, ; appellees' brief is due 9/27/04; appellants' reply brief is due 10/12/04 [04-16080] (gar) [04-16080]

5/26/04

filed notice of representation [04-16080] (gar) [04-16080]

5/26/04

Filed attorney for Appellant Civil Appeals Docketing Statement served on 5/12/04 (to CONFATT) [04-16080] [04-16080] (gar) [04-16080]

6/15/04

Filed order CONFATT (vls) ... A settlement assessment conf will be held by telephone on 7/6/04 at 2:00 pm. San Francisco Time... The brfing sch previously set by the court remains in effect. [04-16080] (ji) [04-16080]

7/6/04

Filed Aztec Inn Properties, HSL Properties's notice of

3 of 5

6/13/2007 11:29 AM

USCA9 Docket Sheet for 04-16080

http://pacer.ca9.uscourts.gov/cgi-bin/dktrpt.pl?CASENUM=04-16080&...

order of transcript. RT ordered none. [04-16080] (ji) [04-16080]

7/15/04

Received notice of deposit of check with the court as security for appeal, from Appellant Aztec Inn Properties, Appellant HSL Properties (casefiles) (ji) [04-16080]

7/22/04

Filed order CONFATT (SL) This appeal is selected for inclusion in the Mediation Prg. During the time the appeal remains in Mediation Prg., all procedural matters should be brought to the attention of the Circuit Mediator. An in-person mediation will be held on 8/10/04 @ 10:00 am, at the US District Court, Sandra Day O'Connor Courthouse, Rm. 614, 401 W. Washington St., Phoenix, AZ 85003.... Mediation statements of no more than 10 pgs shall be submitted to the Cir.Mediator [fax no. 415-556-9725] on or before 8/5/04 @ 12:00pm (noon).... [04-16080] (ji) [04-16080]

8/4/04

Filed order CONFATT ( SL) The in-person mediation previously sch for 8/10/04 is canceled. The court is informed that the parties have reached a tentative settlement of their dispute. Within 30 days of the filing date of this order, aplts shall file either a mtn or a stip to dismiss this matter pursuant to FRAP 42(b), or shall contact the undersigned @ (415) 556-9959. A copy of any mtn or stip to dismiss shall be served on the Cir. Mediation at the Circuit Mediation Office, US COURT OF APPEALS, P.O. Box 193939, SF, CA 94119-3939. [04-16080] (ji) [04-16080]

Docket as of October 4, 2004 11:21 pm

Page 5

04-16080 Aztec Inn Properties, et al v. Comm Psychology Ed

9/8/04

Filed order CONFATT ( SL) The court has been informed that the parties require additional time to finalize their settlement. By 9/22/04, aplts shall file a mtn for stip to dismiss this matter, or shall contact the undersigned at 415-556-9959. [04-16080] (ji) [04-16080]

9/21/04

Filed stipulation to dismiss, served on 9/20/04 (confat) [04-16080] (ji) [04-16080]

10/4/04

Order filed (SL/confat) The "ntc of withdrawal of appeal," filed 9/21/04, is construed as a mtn to dismiss this appeal voluntarrily. So construed, the mtn is granted. FRAP 42(b). The parties shall bear their own costs and atty's fees on appeal. A certifief copy of this order shall served as the mandate of this court. ( Procedurally Terminated Without Judicial Action; F.R.A.P. 42. ) [04-16080] (ji) [04-16080]

Docket as of October 4, 2004 11:21 pm

Page 6

PACER Service Center

Transaction Receipt

06/13/2007 09:33:33

PACER Login: hs0328

Client Code:

eeoc

Description:

dkt report

Case Number:

04-16080

4 of 5

6/13/2007 11:29 AM

USCA9 Docket Sheet for 04-16080

http://pacer.ca9.uscourts.gov/cgi-bin/dktrpt.pl?CASENUM=04-16080&...

Billable

6

Pages:

Cost:

0.48

5 of 5

6/13/2007 11:29 AM

 
 1

2

3

4

5

6 IN THE UNITED STATES DISTRICT COURT
7

8

FOR THE DISTRICT OF ARIZONA

9

10 Equal Employment Opportunity
11 Commission,
12 Plaintiff,
13
14 and

CV 02-0324 TUC RCC CONSENT DECREE

15 Steve Garcia by and through his
16 guardian, Mary Ann Kluck by and through her guardian, Cristina
17 Gutierrez-Walter, David Laborin, Juan
18 Rivera by and through his guardian,

19

Plaintiff-Intervenors,

20
V S.
21

22 Aztec Inn Properties, LLC., an Arizona Corporation, dba Clarion Hotel -
23 Randolph Park; HSL Properties
24 Financial Corporation, an Arizona Corporation
25

26

Defendants

27

28

1

The United States Equal Employment Opportunity Commission (the

2 "Commission") filed this action against the Defendants Aztec Inn Properties, LLC
3

4 ("Defendant") and HSL Properties Financial Corporation, (collectively "Defendants")

5 under Title I and Title V of the Americans with Disabilities Act (ADA) of 1990 and Title
6 I of the Civil Rights Act of 1991 to correct alleged unlawful employment practices on
7
8 the basis of disability and to provide appropriate relief to Steve Garcia, Mary Ann

9 Kluck, Cristina Gutierrez-Walter, Juan Rivera and David Laborin ("Crew Members"),
10 who were adversely affected by such practices. The Complaint alleged that the Crev
11
12 Members had the terms and conditions of their employment altered, were denied

13 reasonable accommodations and were ultimately terminated because of their
14 disabilities, which include mental retardation and Down's Syndrome. In addition, the
15
16 Complaint alleged that Defendants unlawfully interfered with the rights of these

17 individuals which are granted or protected by the ADA.
18 The Court granted the Plaintiff-Intervenors leave to join in this action. The
19
20 Complaint in Intervention further alleged that the Defendants retaliated against the

21 Crew Members for opposing discrimination and terminated them.
22 The Commission and Plaintiff-Intervenors assert that all conditions precedent
23
24 to maintaining a an action against Defendant under the ADA were present, including

25 that an employment relationship existed between Defendant and the Crew Members
26 and that Defendant was a covered entity and covered employer under Sections
27
28 101(2) and (5) of the ADA, 42 U.S.C. §§ 12111(2) and (5).

-2

1

Defendants deny that they discriminated against any person on the basis of

2 disability or any other reason and deny that they violated the Americans with
3

4 Disabilities Act, the Civil Rights Act, or any other laws. Defendants allege that they

5 entered into an agreement with Community Psychology and Educational Services
6 ("CPES") in 1995 for the express purpose of allowing CPES to place and supervise c
7
8 crew of disabled workers to provide housekeeping services at the Clarion Hotel -

9 Randolph Park (the "Hotel"), that Defendants continued that agreement for several
10 years, and that Defendants terminated that agreement because Defendants were no
11
12 satisfied with the quality of the services performed under the agreement and the

13 performance, conduct and attitude of CPES management. Defendants assert that
14 they are entering into this Consent Decree because they cannot afford the expense
15
16 of litigation.

17

The Parties do not object to the jurisdiction of the Court over this action and

18 waive their rights to a hearing and the entry of findings of fact and conclusions of
19

20 law.

21

In the interest of resolving this matter, and as a result of having engaged in

22 comprehensive settlement negotiations, the Parties agree that this action should be
23
24 finally resolved by entry of this Decree.

25 It is ORDERED, ADJUDGED AND DECREED:

26 27 1.

liiilikjiiiide

28

3

1
itirilli
2 lidiafthithliffili
3

4

5 **This Consent Decree is not intended to limit the rights of any of the

6 parties with respect to claims against anyone not a party to the Consent Decree. 7
allialiikluisilfah 8

9

10

11

INJUNCTION

12 3.
13

Defendant and its officers, agents, employees, successors, and assigns both

14 at the time that this Decree becomes effective and for the duration of this Decree, are

15 enjoined from: (a) discriminating against any employee on the basis of disability; (b) 16
altering the terms and conditions of any employee because of disability, and; (c) 17

18 retaliating against any employee because he or she: (i) opposes or opposed

19 discriminatory practices made unlawful by ADA; (ii) files or filed a charge of 20 21 discrimination or assists, assisted, participates, or participated in the filing of a charge

22 of discrimination; or (iii) assists, assisted, participates or participated in an investigation

23 or proceeding brought under the Federal or State laws prohibiting discrimination or
24 retaliation.
25

26

27

28

4

1

MONETARY RELIEF

2

3 4.

Defendant shall pay the amount of $50,000.00, which has been deposited

4 in the trust account of Defendant's counsel prior to the submission of this Decree to the
5
6 Court. The payment shall be made from the trust account of Defendant's counsel to be

7 distributed among the Plaintiff-Intervenors as set forth in Attachment A. For Plaintiff-
8 Intervenors Kluck and Garcia, the payment shall be made to the trustee of their Special
9 10 Needs Trust, as setforth in Attachment A. For Plaintiff-Intervenor Rivera, the payment

11 shall be made to the representative payee, as set forth in Attachment A.

12 . The payments represent settlement of compensatory damages. The com pensation is
13 14 to paid within thirty (30) days of the entry of this Consent Decree, except that the

15 payments to be made to trustees shall be deposited into an escrow account and

16 disbursed to the trustees subjectto an order of the Probate Court. By January 31, 2005,
17 18 Defendant shall issue United States Internal Revenue Service Form 1099 to each class

19 member for all such payments.

20 5.

For attorneyfees and costs, defendant shall pay the amount of $13,500.00,

21

22 which has been deposited in the trust account of Defendant's counsel prior to the

23 submission of this Decree to the Court. Within thirty (30) days of the entry of this

24 Consent Decree, Defendant's counsel will mail to the Arizona Centerfor Disability Law,
25 26 100 N. Stone, Suite 305, Tucson, AZ 85701, a check from its trust account made

27 payable to the Arizona Center for Disability Law in the amount of $13,500.00 for

28 payment of attorney's fees and costs of litigation.

-5-

1 6.

Simultaneous with the transmission of the checks sent pursuant to this

2 Consent Decree, copies of the check will be furnished to the Regional Attorney, Equal
3

4 Employment Opportunity Comm ission, Phoenix District Office, 3300 North Central

5 Avenue, Suite 690, Phoenix, Arizona 85012.
6 OTHER RELIEF
7

8 7.

Within thirty (30) days of the date of the entry of this Consent Decree,

9

10 Defendant shall enter into a contract with a service-provider to utilize a crew of persons

11 with developmental disabilities to perform housekeeping services at the Hotel with a

12 provider on the list provided by the Arizona Center for Disability Law (ACDL) and
13 14 attached as Exhibit B, provided that the service-provider offers to Defendant a contract

15 that provides for housekeeping services to be provided to the Hotel underthe following

16 conditions:

17

18

a. The service-provider shall provide a crew of disabled workers ("Crew") who

19 can, with orwithout reasonable accommodation, meet the Hotel's reasonable standards

20 for performance and conduct following a period of training and guidance about those 21 22 standards. Reasonable standards means the same standards that Defendant expects

23 of its housekeeping employees. At the commencement of the contract, Defendant shall

24 communicate its standards, in writing, to the service-provider, and all documents 25 26 containing those standards that are given to employees shall also be given to the service-

27 provider. Defendant may communicate additional information about its standards during

28 the performance of the contract and, upon written request by the service-provider, shall

-6-

1 do so in writing.
2 b. The service-provider shall provide an on-site job coach/supervisorfor the
3
4 Crew during the hours that the Crew members are present at the Hotel;

5

c. The cost charged by the service-provider is approximately the same as the

6 expense to Defendant to utilize a regular employee to perform the same housekeeping
7

8 services, including the cost of wages, benefits and the per employee costs associated

9 with paying an employee, such as payment of FICA, worker's compensation, and

10 providing fringe benefits; and
11

12

d. Defendant shall offer to the service-providerthe opportunity to clean at least

13 10 rooms per day, unless the number of available rooms to be cleaned at the Hotel is
14 fewer than 50, in which case Defendant shall offer the service-provider the opportunity
15 16 to clean the same number of rooms as the average of the number of rooms that are

17 assigned on thatday to each housekeeper who is nota Crew Member; provided that the
18 number of rooms offered to the service-provider shall always be at least six, absent
19 20 extenuating circumstances. Absent extenuating circumstances, the service-provide shall

21 accept the number of rooms offered to it by Defendant, except that the service-provider

22 shall not be obligated to accept more than ten rooms per day.
23

24 8.

This contract between the service-provider and Defendant shall provide, at

25 a minimum:
26 a. The service-provider shall notify each Plaintiff-Intervenor in writing, to the
27 28 address furnished by counsel for Plaintiff-Intervenors, of the opportunity to join the Crew

7

1 and offer any of the Plaintiff-Intervenor who are interested a position if they are able to
2 perform the job duties with or without reasonable accommodations. The service-provider
3
4 may give a date by which Plaintiff-Intervenors must respond to the offer, which may not

5 be less than 15 calendar days.
6 b. Defendant shall cooperate with the service-provider in facilitating and
7
8 supporting training that the service-provider reasonably believes is appropriate for the

9 service-provider to provide to further the purposes of the contract providing for the

10 utilization of the Crew.
11

12

c. Prior to any cancellation of the contract, Defendant and the service-

13 provider agree to attempt to resolve any disputes informally, through a meeting or

14 exchange of correspondence;
15

16

i)

If that is not successful, the parties agree to request the assistance

17

of a consultant provided by the state entity providing Extended

18 Employment Support Services (Arizona Division for Developmental
19

20

Disabilities) or providing vocational rehabilitation services (Arizona

21

Rehabilitation Services) at no cost to the parties.

22 ii) Finally, if that is not successful, the parties agree to mediate the
23

24

dispute through a free mediation service or one that does not

25

impose an unreasonable cost to the parties.

26 iii) If a dispute is not resolved by mediation, Defendant may terminate
27

28

the contract with the service-provider, provided that Defendant

8

1 2 3 4 9.

makes a good faith effort to engage similar services from another service-providerforthe remaining duration of this Consent Decree. Nothing in this Consent Decree shall be interpreted either to establish or limitthe

5 rights of any Crew Member under to the ADA.

6 10.
7

Nothing in this Consent Decree shall require Defendant to enter into an

8 agreement with, to consider entering into any agreement with, or to utilize Community

9 Psychology and Education Services, Ltd.

10 11.
11

Defendant will institute and carry out policies and practices atthe Hotel that help

12 assure a work environment free from disability discrimination for its employees, that

13 allow employees to raise concerns or complaints without retaliation about matters,
14 whether alleged, perceived or actual, made unlawful by the ADA and that provides
15 16 procedures for employees to request reasonable accommodations.

17 12. To further the purpose of Defendant being a model employer in the area of anti-
18 discrimination and equal employment opportunity, within 60 (sixty) days of the entry of
19 20 the decree, Defendant's Chief Executive Officer will appoint an appropriate and qualified

21 employee to be responsible at the Hotel for (a) reviewing and, if necessary, revising
22 Defendant's anti-discrimination policies; (b) receiving and investigating complaints of
23 24 discrimination; (c) evaluating and, if appropriate, disciplining or terminating employees

25 forviolation of Defendant's discrimination policies; (d)evaluating employees in the area

26 of anti-discrimination/equal employment opportunity policies; and (e) preparing reports
27
28 to the Commission, as required by this Decree.

9

1 13. Defendant will provide training on disability discrimination and retaliation,

2 according to the following terms:
3

4

a. Defendant will arrange for and be financially responsible for a

5 consultant/lecturer(s) who will provide consultation and a training session foremployees
6 of the Hotel. If a Crew is being utilized at the Hotel, the training session(s) shall be
7
8 provided jointly by the service-provider, the Arizona Center for Disability Law, and

9 counsel for Defendant, provided that the Arizona Center for Disability Law does not
10 charge a fee to Defendant for the training. If no Crew is being utilized, the training
11
12 session(s) shall be provided jointly by the Arizona Centerfor Disability Law, and counsel

13 for Defendant, also provided that the Arizona Centerfor Disability Law does not charge

14 a fee to Defendant for the training.
15

16

b. The seminartraining session shall be at least 90 minutes in length, including

17 15 minutes of questions and answers, and shall be conducted within four months of the
18 entry of this Decree. If a service-provider of a Crew of developmentally disabled
19 20 housekeepers believes that additional training is needed, Defendant shall cooperate in

21 facilitating reasonable training needs, up to and including a potential second training
22 session of up to 90 minutes in length. All of the Hotel's supervisory, management and
23 24 non-supervisory employees, shall attend the seminar session. Defendant shall also

25 provide notice and invite all Crew members and job coaching staff to attend the training.
26 c. Defendant shall keep a written record of all employees who attend the
27 28 training. Defendant may at its election have duplicative sessions to accommodate

-10-

1 staffing needs or videotape the training session. Defendant shall be responsible for any

2 additional costs to provide such duplicative or videotaped sessions.
3

4

d. During the first year, 2004, the seminar-training session shall be held within

5 four months of the consent decree being entered or within 30 days of a service-provider

6 placing a crew at the Hotel.
7

8

e. All personnel, designated in paragraph (b), shall both register and attend

9 the seminar-training session or view a videotape at the session. The registry of

10 attendance shall be retained by Defendant for the duration of the Decree.
11

12

f.

The training will include the subject of what constitutes disability

13 discrimination, as well as retaliation for engaging in protected activity under the ADA.
14 In addition, if a crew of developmentally disabled workers is being utilized at the Hotel,
15 16 the training will coverthe nature of developmental disabilities, the myths often associated

17 with these types of disabilities and possible reasonable accommodations available. The
18 training will also cover discrimination in the hiring, firing, compensation, assignment or
19 20 other terms, conditions or privileges of employment; the prevention of discrimination;

21 how to provide a work environment free from discrimination, harassment and retaliation;
22 and to whom and by what means employees may complain if they feel they have been
23 24 subjected to discrimination, harassment or retaliation in the workplace. The session shall

25 also review and explain Defendant's disability policies.

26 14.
27

During the live training session(s), the Hotel's General Manager will speak

28 to the employees about the discipline that can betaken against supervisors, managers

1 and employees who commit acts of discrimination, harassment or retaliation or allow
2 discrimination, harassment or retaliation to occur in the workplace, the importance of
3
4 maintaining an environment free of discrimination, and Defendant's anti-discrimination

5 policies.

6 15.
7

The Commission and the ACDL, at their discretion, may designate

8 representatives to attend in the seminar-training sessions. The representatives shall have

9 the right to participate in the sessions.

10 16.
11

Within thirty days of the entry of this Decree, Defendant will review and,

12 if necessary, revise its written policies at the Hotel concerning discrimination and

13 retaliation to conform with the law and submit the policy for review to the Regional
14 Attorney of the Phoenix District Office of the EEOC. This written policy must include at
15 16 a minimum:

17

a. A strong and clear commitment to a workplace free of disability

18 discrimination;
19

20

b. A clear and strong encouragement of persons who believe they have been

21 discriminated against to come forward;
22 c. A description of the consequences, up to and including termination, that
23 24 will be imposed upon violators of the policy;

25

d. A statement of the Hotel's intent to handle complaints of disability

26 discrimination as confidentially as appropriate under the circumstances;
27

28

e. An assurance of non-retaliation for persons who believe they have been

- 12 -

1 discriminated against and witnesses;
2 f. That discrimination on the basis of disability by all persons, including
3
4 management officials, supervisors, vendors, suppliers, third parties and customers, is

5 prohibited and will not be tolerated; and
6 g. The identification of specific alternative individuals, including managers with
7
8 their telephone numbers, to whom employees who have been subjected to disability

9 discrimination can report the discrimination and who have the authority to investigate

10 allegations of discrimination in a neutral and confidential manner.
11

12

h. An accommodation for persons who are developmentally disabled allowing

13 them an alternative method to make complaints.
14 A written statement that the employee may report the harassment to
15 16 designated person outside of their chain of management should the complainant believe

17 managers in the chain of command have a conflict of interest, are implicated in the

18 allegations, or may not adequately investigate the complaint.
19

20

j.

Assurances that Defendant will investigate allegations of disability

21 discrimination promptly, fairly, reasonably and effectively by appropriate investigators
22 and that appropriate corrective action will be taken by Defendant to make victims whole
23 24 and to eradicate the discrimination; and

25

k. A written statement assuring employees who need a reasonable

26 accommodation to be able to make a com plaint of discrimination or harassment or to
27
28 participate in the investigation process shall be provided and the manner in which those

- 13 -

1 accommodations may be obtained. The statement shall also include a provision stating
2 that managers are not allowed to withdraw previously approved accommodations without
3
4 approval of the General Manager.

5

I.

Information regarding the employee's rightto file a charge of discrimination

6 with the EEOC or the Arizona Civil Rights Division.
7

8 17.

These policies shall be posted in a prominent location at the Hotel. These

9 policies shall be transmitted to the Hotel's employees by its General Manager and
10 distributed to each current employee within thirty days of the entry of the Decree. These
11
12 policies shall be distributed to all new employees when hired. These policies also shall

13 be posted in a prominent place frequented by the employees. The Hotel shall make these
14 written policies available in alternative formats as necessary for persons with cognitive
15 16 and print disabilities that may preventthem from reading the policies. Alternative formats

17 will include but not be limited to an audiotape format. Crew members working under

18 paragraph 7 above will be provided with an audiotape and printed version of the policy.
19

20 18.

Defendant shall institute a procedure which evaluates the General Manager,

21 managers, supervisors and applicable human resources personnel of the Hotel on their
22 performance in responding to complaints of discrimination and for their compliance with
23 24 EEO laws, including the ADA. The failure of such an employee to enforce the policies

25 and the anti-discrimination laws must result in appropriate disciplinary action.

26 19.
27

Defendant shall promptly and appropriately investigate all complaints of

28 disability discrimination. The investigation must include a finding of whether

-14-

1 discrimination occurred, a credibility assessment, if necessary; interviews of all potential
2 victims and witnesses identified; and concurrent notes of the investigation. Defendant
3
4 shall take immediate appropriate corrective action to make discrimination victims whole,

5 to discipline violators and to eradicate the discrimination.

6 20.
7

Defendant shall not retain documents related to the investigation in any of

8 the complainant's personnel files. All disciplinary actions taken against employees for

9 violation of Defendant's policy will be retained in the violator's personnel file. In those
10 cases in which no conclusion could be reached on the allegations, the investigation
11
12 documents shall remain in the alleged violator's file.

13

REPORTING BY DEFENDANT AND ACCESS BY EEOC

14

15 21.

Defendant shall report in writing and in affidavit form to the Regional

16 Attorney of the Commission's Phoenix District Office at 3300 N. Central Ave., Suite 690, 17 18 Phoenix, Arizona 85012, beginning six months from the date of the entry of this Decree,

19 and thereafter every six months forthe duration of the Decree the following information:

20 a. Any changes, modifications, revocations, or revisions to its policies and
21 22 procedures which concern or affect the subject of disability discrimination and

23 retaliation.

24

b. The name, address, position, social security number and telephone number

25

26 of any individual who has brought allegations of discrimination and/or retaliation against

27 Defendant's personnel, formal or informal, including, but not limited to, management

28 officials, vendors, agents, employees and/orcustomers, during the six months preceding

-15-

1 the report. The nature of the complaint, investigatory efforts made by Defendant and the

2 corrective action taken, if any, shall be specified;
3

4

c. The registry of persons attending the seminar(s) required in Paragraph 13

5 of this Decree and a list of current personnel employed by Defendant on the days of the

6 seminar-training sessions.
7

8

d. Confirmation that (i) the Notice required in paragraph 23 of this Decree

9 was posted and the location(s) where it was posted, and (ii) the policies required in

10 paragraph 14 were distributed to each current and new em ployee and posted.
11

12 22.

The Commission, upon reasonable notice, shall have the rightto enterand

13 inspect the Hotel to ensure compliance with this Decree and the ADA's prohibition of

14 disability discrimination, as well as retaliation.
15

16 23.

Defendant will post the Notice contained in the attached Exhibit C at the

17 Hotel. The Notice will be posted in an appropriate place frequented by employees, for
18 the duration of this decree. The Notice shall be the same type, size, and style as Exhibit
19 20 C.

21

Affidavit of Compliance

22

23 24.

Defendant will report in writing and in affidavit form to the Commission on

24 a semi-annual bases within six (6) months from the entry of this Decree. The affidavit 25 26 shall attest that Defendant has taken the action required with each and every provision

27 of this Consent Decree.

28 25.

The Commission, upon reasonable notice shall have the rightto enter and

-16-

1 inspect the Hotel's premises to ensure compliance with this Decree.

2 26.
3

The duration of this Decree shall be twenty-four (24) months from the date

4 of its entry.

5 27.

Except as set forth in paragraph 5, the parties shall bear their respective

6 attorneys' fees and costs incurred in this action up to the date of entry of this Decree.
7

8 28.

This Court shall retain jurisdiction of this action for a period of twenty-four

9 (24) months after entry of the Decree. This Decree shall expire by its own terms at the
10 end of twenty-four (24) months after entry of the Decree, without further action by the
11
12 parties or the Court.

13 29.

The Commission or Plaintiff-Intervenors may petition this Court for

14 compliance with this Decree at any time during which this Court maintains jurisdiction
15

16 over this action. Should the Courtdetermine that Defendant has not corn plied with this

17 Decree, appropriate relief, including extension of this Decree for such period as may

18 be necessary to remedy its non-compliance may be ordered.
19

20 30.

The parties agree that the entry of this Decree is subject to final approval

21 by the Probate Court of the settlement on behalf of protected persons Mary Ann Kluck,
22 Steven Garcia and Juan Rivera. The ACDL agrees that it will seek the Probate Court's
23 24 approval following the execution of the Consent Decree by the parties and prior to filing

25 the Consent Decree for final approval by the Court

26 31.
27 Court.
28 ##

The parties agree to the entry of this decree subject to final approval by the

-17-

1 ## 2 ## 3

4

DATED this

day of 2004.

5

6 7 8 9 APPROVED AND CONSENTED TO:

Raner C. Collins U.S. District Court Judge

10

11

12

13 Mary Jo O'Neill 14 Regional Attorney
15 16 C. Emanuel Smith
Supervisory Trial Attorney 17
18

David A. Selden Sharon M. Jutila STINSON MORRISON HECKER, LLP Suite 2100 1850 N. Central Ave. Phoenix, Arizona 85004 Telephone: (602) 212-8566 Attorneys for Defendants

19 Sally C. Shanley 20 Trial Attorney
EQUAL EMPLOYMENT 21 OPPORTUNITY COMMISSION 22 Phoenix District Office
Suite 690 23 3300 North Central Avenue 24 Phoenix, Arizona 85012
(602) 640-5061 25 Attorneys for Plaintiff

Aztec Inn Properties, LLC by Glenn Toyoshima

26

27

28

-18-

1 Rose Daly-Rooney
2 J.J. Rico 3 ARIZONA CENTER FOR
DISABILITY LAW 4 100 N. Stone 5 Suite 305
Tucson, Arizona 85701 6 Telephone: (520) 327-9547 7 Attorneys for Plaintiff-Crew Members 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28