Case 3:06-cv-02104-MMC Document 29 Filed 03/08/2007 Page 1 of 5

1 WILLIAM R. TAMAYO (CA Bar No. 084965) JONATHAN T. PECK (VA Bar No. 12303)
2 CINDY O’HARA (CA Bar No. 114555) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105 Telephone No. (415) 625-5653
5 Facsimile No. (415) 625-5657

6 Attorneys for Plaintiff Equal Employment Opportunity Commission
7

8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10

11 EQUAL EMPLOYMENT OPPORTUNITY ) Civil Action No. C-06-02104 MMC

COMMISSION,

)

12

)

)

13

Plaintiff,

) CONSENT DECREE

)

14 v.

)

)

15

)

NOB HILL PROPERTIES, INC. dba

)

16 HUNTINGTON HOTEL,

)

)

17

Defendant.

)

_______________________________________ )

18

Plaintiff Equal Employment Opportunity Commission (“Commission”) filed this

19

action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of

20

1991 to correct alleged unlawful employment practices on the basis of national origin

21

and retaliation, and to provide appropriate relief to Martin Roman whom the

22

Commission alleged was adversely affected by such practices. The Commission alleged

23

that Defendant Nob Hill Properties, Inc., dba The Huntington Hotel (“Huntington”)

24

subjected Mr. Roman to discrimination based on his national origin and retaliation, in violation

25

of Title VII. Defendant has denied all of the Commission’s allegations and claims. The

26

Commission and Defendant Huntington now seek to resolve this action as to each other and as

27

between Huntington and Martin Roman (“Charging Party”) without further contested litigation

28

through the instant Consent Decree. This resolution does not constitute an admission of liability

CONSENT DECREE

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Case 3:06-cv-02104-MMC Document 29 Filed 03/08/2007 Page 2 of 5

1 on the part of Huntington, nor constitute a finding on the allegations stated in the Commission’s

2 Complaint.

3

The Court has reviewed this Consent Decree in light of the pleadings, the record herein,

4 and the applicable law, and now approves this Consent Decree.

5

THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

6 GENERAL PROVISIONS

7

1. This Court has jurisdiction over the subject matter and the parties to this action.

8 This Court retains jurisdiction over this Consent Decree during its term.

9

2. This Consent Decree constitutes a full and final resolution of the Commission’s

10 claims against Huntington in this action.

11

3. This Consent Decree will become effective upon its entry by the Court.

12

4. This Consent Decree is final and binding upon the parties to it, their successors

13 and assigns.

14

5. The Commission and Huntington will each bear its own costs and attorneys fees

15 in this action.

16 GENERAL INJUNCTIVE RELIEF

17

6. Huntington and its current officers, agents, employees, and all persons in active

18 concert or participation with them will comply with all requirements of Title VII with respect to

19 providing a work environment free from discrimination, including discrimination based on

20 national origin and retaliation.

21

7. Huntington and its current officers, agents, employees, and all persons in active

22 concert or participation with them agree not to retaliate against the Charging Party, or any other

23 employee or former employee, for having testified or participated in any manner in the

24 Commission’s investigation and the proceedings in this case.

25 SPECIAL INJUNCTIVE RELIEF

26

Communication relevant to resolution of claims

27

8. As a part of the resolution of this action, Defendant will prepare a conciliatory

28 letter to Charging Party to be signed by Isabelle Fritz-Cope and John Cope, reiterating

CONSENT DECREE

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Case 3:06-cv-02104-MMC Document 29 Filed 03/08/2007 Page 3 of 5

1 Defendant’s commitment to equal opportunity.

2

9. As a further part of the resolution of this action, Charging Party will be given the

3 opportunity to meet with John Cope and Simon Harrington to discuss workplace issues in the

4 Food and Beverage Department.

5

Training

6

10. Huntington will use an outside consultant, paid for by Huntington, to provide

7 equal employment opportunity training to all employees once per year during the term of this

8 Consent Decree (two trainings total), such year to be measured from the entry of this

9 Consent Decree. The training will specifically include the subjects of national origin-

10 based discrimination and retaliation.

11

Record Keeping and Reports

12

11. Within thirty (30) days after completing each training session described in

13 paragraph 10, Huntington will mail to counsel for the Commission a report containing

14 the name of the individual or organization which did the training, the date of training,

15 an outline of the training content, a list of all attendees, and copies of all materials

16 distributed at the training.

17

12. Once every six (6) months, to be measured beginning at the date of entry

18 of this Consent Decree and continuing for the duration of this Consent Decree,

19 Huntington will notify counsel for the Commission whether it has received any

20 complaints of discrimination based on national origin or retaliation from employees in

21 the Food and Beverage Department (whether said complaints were oral or written,

22 formal or informal, filed with an administrative agency or simply raised to a

23 management official at the workplace), what steps were taken in response to the

24 complaint(s), and how the situation was resolved.

25 MONETARY RELIEF

26

13. Huntington will pay the total sum of $35,000.00, to Charging Party Martin

27 Roman as damages for emotional distress and in complete satisfaction of the

28 Commission’s claims against Huntington as set forth in its Complaint. This sum will be

CONSENT DECREE

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Case 3:06-cv-02104-MMC Document 29 Filed 03/08/2007 Page 4 of 5

1 paid directly to Charging Party, and will be mailed to him via certified mail at an

2 address to be provided to Huntington by the Commission, within seven business days

3 of the entry of this Consent Decree. A copy of said check and any transmittal letter will

4 be sent to Commission counsel Cindy O’Hara at the San Francisco District Office.

5 SCOPE AND EXPIRATION OF CONSENT DECREE

6

14. This Consent Decree represents the full and final resolution of EEOC

7 charges 370-2004-00248 and 370-2004-02673 on which this action was based. In

8 addition, the Commission will not use EEOC charge 370-2005-00463 as the basis for

9 litigation, and will instead close 370-2005-00463 as successfully conciliated.

10

15. This Consent Decree will be in effect for two (2) years, and will expire at

11 midnight of the date two (2) years after its entry by the Court, provided that

12 Huntington has substantially complied with the terms of this Consent Decree.

13 Huntington will be deemed to have complied substantially if the Court has not made

14 any findings or orders during the term of the Decree that Huntington has failed to

15 comply with any of the terms of this Decree.

16

E-filing concurrence: I, Cindy O’Hara, attorney for Plaintiff Commission, attest

17 that I have obtained the concurrence of Kamili Williams Dawson, attorney for

18 Defendant Nob Hill Properties, Inc. dba Huntington Hotel for the lodging of this

19 Consent Decree.

20 On Behalf of Plaintiff Commission:

On Behalf of Defendant:

21 Dated: March 6, 2007

Dated: March 6, 2007

22 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
23 ______/S/____________________
24 WILLIAM R. TAMAYO Regional Attorney
25 ______/S/____________________
26 JONATHAN PECK Supervisory Trial Attorney
27 ______/S/____________________
28 CINDY O’HARA Senior Trial Attorney

SEYFARTH SHAW, LLP
_______/S/_______________________ Kamili Williams Dawson Attorneys for Defendant Nob Hill Properties, Inc. dba Huntington Hotel

CONSENT DECREE

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Case 3:06-cv-02104-MMC Document 29 Filed 03/08/2007 Page 5 of 5

1

2

It is so ordered.

3

4 Dated: March 8, 2007

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CONSENT DECREE

ORDER ____________________________________ U.S. District Court Judge
Page 5

 
 Case 3:06-cv-02104-MMC Document 1 Filed 03/21/2006 Page 1 of 5

. 1 WILLIAM R. TAMAYO (CA Bar No. 084965) -\,. >:~;~~~ ,,~

JONATHAN T. PECK (VA Bar No. 12303)

.,. ,t --:..

2 CINDY O'HARA (CA Bar No. 114555)

-

c

EQUAL EMPLOYMENT OPPORTUNITY COMMISSIQf'J pr, \2: 2;.,

3 San Francisco District Office

. \ .' '-

350 The Embarcadero, Suite 500

4 San Francisco, CA 94105

Telephone No. (415) 625-5653

5 FacsImile No. (415) 625-5657

6 Attorneys for Plaintiff
Equal Employment Opportunity Commission 7

8 9

UNITED STATES DISTRICT COURT
1 0 4~ " NORTHERN DIeICT <0<t)IFORNIr2

10

11 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
12

Civil Action No. COMPLAINT

13 14 v.

Plaintiff,

Civil Rights - Employment Discrimmation

15
NOB HILL PROPERTIES, INC. dba 16 HUNTINGTON HOTEL,

JURY TRIAL DEMAND

17

Defendant.

18

19

NATURE OF THE ACTION

20

This is an action under Title Vll of the Civil Rights Act of 1964 and Title I of the

21 Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

22 national origin and retaliation and to provide appropriate relief to Mr. Martin Roman

23 who was aggrieved by Defendant's unlawful practices. Plaintiff alleges that Defendant,

24 Nob Hill Properties, Inc., dba Huntington Hotel, unlawfully refused to assign Mr.

25 Roman to the position of Room Service Relief Captain because of his national origin,

26 Mexican. Plaintiff further alleges that Defendant subjected Mr. Roman to retaliation

27 after he filed a charge complaining about the aforementioned national origin

28 discrimination with Plaintiff Equal Employment Opportunity Commission.

COMPLAINT

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Case 3:06-cv-02104-MMC Document 1 Filed 03/21/2006 Page 2 of 5

1

JURISDICTION AND VENUE

2

1. Jurisdiction of this Court is invoked pursuant to 28 usc. §§ 451, 1331,

3 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706 (f)

4 (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended (Title VII), 42 USc.

5 §2000e-5 (f) (1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.c.

6 §1981(a).

7

INTRA-DISTRICT ASSIGNMENT

8

2. This action is appropriate for assignment to the San Francisco/Oakland

9 division because the unlawful employment practices alleged were committed within the

10 County of San Francisco, the employment record relevant to the unlawful practices are

11 located in the County of San Francisco, and because Defendant's principal place of

12 business is in the County of San Francisco.

13

PARTIES

14

3. Plaintiff, the Equal Employment Opportunity Commission

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

16 administration, interpretation and enforcement of Title VII, and is expressly authorized

17 to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 USc. §2000e-5(f)(1) and

18 (3).

19

4. At all relevant times, Defendant Nob Hill Properties, Inc., dba Huntington

20 Hotel ("Defendant") has continuously been, and is now, a California corporation,

21 qualified and doing business in the state of California and the city of San Francisco and

22 has continuously had and does now have at least 15 employees.

23

5. At all relevant times, Defendant has continuously been, and is now, an

24 employer engaged in an industry affecting commerce within the meaning of Sections

25 701(b), (g) and (h) of Title VII, 42 USc. §§ 2000e(b), (g) and (h).

26 / /

27 / /
28 II

COMPLAINT

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Case 3:06-cv-02104-MMC Document 1 Filed 03/21/2006 Page 3 of 5

1

STATEMENT OF CLAIMS

2

FIRST CLAIM FOR RELIEF

3 Violation of Title VII of Civil Rights Act Based on National Origin Discrimination

4

6. More than thirty days prior to the institution of this lawsuit, Mr. Martin

5 Roman filed charges with the Commission alleging violations of Title VII by Defendant.

6 All conditions precedent to the institution of this lawsuit have been fulfilled.

7

7. Since at least October 2000, Defendant has engaged in unlawful

8 employment practices of discrimination based on national origin in violation of Section

9 703 (a) (1) of Title VII, 42 USc. § 2000e-2(a)(1), by refusing to assign Charging Party

10 Martin Roman ("Charging Party") to the position of Relief Room Service Captain

11 because of his national origin.

12

8. The effect of the practices complained of above in paragraph 7 has been to

13 deprive Charging Party of equal employment opportunities and otherwise adversely

14 affect his employment status because of his national origin.

15

9. The unlawful employment practices complained of above in paragraph 7

16 were and are intentional.

17

10. The unlawful employment practices complained of above in paragraph 7

18 were done with malice and/ or reckless indifference to the federally protected rights of

19 Charging Party.

20

SECOND CLAIM FOR RELIEF

21

Violation of Title VII of Civil Rights Act Based on Retaliation

22

11. Plaintiff Commission hereby incorporates the allegations of paragraphs 1

23 through 7 above as though fully set forth herein.

24

12. In addition to the above-referenced discrimination based on national

25 origin, subsequent to and/ or concurrent with said discrimination based on national

26 origin, beginning on or about November 19,2003, Defendant has engaged in unlawful

27 employment practices in violation of Section 704 (a) of Title VII, 42 USc. § 2000e-3 (a),

28 by subjecting Charging Party to adverse employment actions, including continued

COMPLAINT

Page J

Case 3:06-cv-02104-MMC Document 1 Filed 03/21/2006 Page 4 of 5

1 refusal to assign Charging Party to the position of Relief Room Service Captain, in

2 retaliation for his having made a charge of discrimination,

3

13. The effect of the actions complained of in paragraph 12 above has been to

4 deprive Charging Party of equal employment opportunities and otherwise adversely

5 affect his status as an employee because of his protected activity.

6

14. The unlawful employment practices complained of in paragraph 12 above

7 were intentional.

8

15. The unlawful employment practices complained of in paragraph 12 above

9 were done with malice or with reckless indifference to the federally protected rights of

10 Charging Party.

11

PRAYER FOR RELIEF

12

Wherefore, the Commission respectfully requests that this Court:

13

A. Grant a permanent injunction enjoining Defendant, its officers, successors,

14 assigns, and all persons in active concert or participation with it, from engaging in

15 discrimination based on national origin and/ or retaliation against its employees.

16

B. Order Defendant to institute and carry out policies, practices, and

17 programs which provide equal employment opportunities for persons of Mexican

18 national origin and persons who make charges of discrimination, and which eradicate

19 the effects of its unlawful employment practices.

20

C. Order Defendant to make whole Charging Party by providing appropriate

21 back pay, lost wages and benefits with prejudgment interest, and other affirmative relief

22 necessary to eradicate the effects of its unlawful employment practices.

23

D. Order Defendant to make whole Charging Party by providing

24 compensation for past and future pecuniary losses resulting from the unlawful

25 employment practices complained of above, including but not limited to medical

26 expenses or other out of pocket expenses in amounts to be determined at trial.

27

E. Order Defendant to make whole Charging Party by providing

28 compensation for past and future non-pecuniary losses resulting from the unlawful

COMPLAINT

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Case 3:06-cv-02104-MMC Document 1 Filed 03/21/2006 Page 5 of 5

1 practices complained of above, including but not limited to pain and suffering,

2 emotional distress, indignity, loss of enjoyment of life, loss of self-esteem and

3 humiliation, in amounts to be determined at trial.

4

F. Order Defendant to pay Charging Party punitive damages for its malicious

5 and reckless conduct complained of above, in amounts to be determined at trial.

6

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

7 public interest.

8

H. Award the Commission its costs of this action.

9

JURY TRIAL DEMAND

10

Pursuant to the provisions of Federal Rule of Civil Procedure 38(b), Plaintiff

11 hereby demands a jury trial.

12

JAMES L. LEE

13

Deputy General Counsel

GWENDOLYN YOUNG REAMS

14

Associate General Counsel

15

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

16

Office of the General Counsel

Washington, DC 205

17

18 Dated: :3JZI /11.,

19

I

20

I 21 Dated: 3/2) uta
22

23

70o/ 24 Dated:

fJ (

25

26

27

28

CINDY 0' Senior Tri
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105

COMPLAINT

Page 5

 
 Case 3:06-cv-02104-MMC Document 32 Filed 04/23/2007 Page 1 of 4

1 WILLIAM R. TAMAYO (CA Bar No. 084965) JONATHAN T. PECK (VA Bar No. 12303)
2 CINDY O’HARA (CA Bar No. 114555) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105 Telephone No. (415) 625-5653
5 Facsimile No. (415) 625-5657

6 Attorneys for Plaintiff Equal Employment Opportunity Commission
7

8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10

11 EQUAL EMPLOYMENT OPPORTUNITY ) Civil Action No. C-06-02104 MMC

COMMISSION,

)

12

)

)

13

Plaintiff,

) AMENDED CONSENT DECREE

)

14 v.

)

)

15

)

NOB HILL PROPERTIES, INC. dba

)

16 HUNTINGTON HOTEL,

)

)

17

Defendant.

)

_______________________________________ )

18

Plaintiff Equal Employment Opportunity Commission (“Commission”) filed this action

19

under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to

20

correct alleged unlawful employment practices on the basis of national origin and retaliation, and

21

to provide appropriate relief to Martin Roman whom the Commission alleged was adversely

22

affected by such practices. The Commission alleged that Defendant Nob Hill Properties, Inc.,

23

dba The Huntington Hotel (“Huntington”) subjected Mr. Roman to discrimination based on his

24

national origin and retaliation, in violation of Title VII. Defendant has denied all of the

25

Commission’s allegations and claims. The Commission and Defendant Huntington now seek to

26

resolve this action as to each other and as between Huntington and Martin Roman (“Charging

27

Party”) without further contested litigation through the instant Consent Decree. This resolution

28

does not constitute an admission of liability on the part of Huntington, nor constitute a finding on

AMENDED CONSENT DECREE

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Case 3:06-cv-02104-MMC Document 32 Filed 04/23/2007 Page 2 of 4

1 the allegations stated in the Commission’s Complaint.

2

The Court has reviewed this Consent Decree in light of the pleadings, the record herein,

3 and the applicable law, and now approves this Consent Decree.

4

THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

5 GENERAL PROVISIONS

6

1. This Court has jurisdiction over the subject matter and the parties to this action.

7 This Court retains jurisdiction over this Consent Decree during its term.

8

2. This Consent Decree constitutes a full and final resolution of the Commission’s

9 claims against Huntington in this action.

10

3. This Consent Decree will become effective upon its entry by the Court.

11

4. This Consent Decree is final and binding upon the parties to it, their successors

12 and assigns.

13

5. The Commission and Huntington will each bear its own costs and attorneys fees

14 in this action.

15 GENERAL INJUNCTIVE RELIEF

16

6. Huntington and its current officers, agents, employees, and all persons in active

17 concert or participation with them will comply with all requirements of Title VII with respect to

18 providing a work environment free from discrimination, including discrimination based on

19 national origin and retaliation.

20

7. Huntington and its current officers, agents, employees, and all persons in active

21 concert or participation with them agree not to retaliate against the Charging Party, or any other

22 employee or former employee, for having testified or participated in any manner in the

23 Commission’s investigation and the proceedings in this case.

24 SPECIAL INJUNCTIVE RELIEF

25

Communication relevant to resolution of claims

26

8. As a part of the resolution of this action, Defendant will prepare a conciliatory

27 letter to Charging Party to be signed by Isabelle Fritz-Cope and John Cope, reiterating

28 Defendant’s commitment to equal opportunity.

AMENDED CONSENT DECREE

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Case 3:06-cv-02104-MMC Document 32 Filed 04/23/2007 Page 3 of 4

1

9. As a further part of the resolution of this action, Charging Party will be given the

2 opportunity to meet with John Cope and Simon Harrington to discuss workplace issues in the

3 Food and Beverage Department.

4

Training

5

10. Huntington will use an outside consultant, paid for by Huntington, to provide

6 equal employment opportunity training to all supervisory and management employees in the

7 Food and Beverage Department once per year during the term of this Consent Decree (two

8 trainings total), such year to be measured from the entry of the original Consent Decree in this

9 matter, March 8, 2007. The training will specifically include the subjects of national origin-

10 based discrimination and retaliation.

11

Record Keeping and Reports

12

11. Within thirty (30) days after completing each training session described in

13 paragraph 10, Huntington will mail to counsel for the Commission a report containing the name

14 of the individual or organization which did the training, the date of training, an outline of the

15 training content, a list of all attendees, and copies of all materials distributed at the training.

16

12. Once every six (6) months, to be measured beginning at the date of entry of the

17 original Consent Decree in this matter, March 8, 2007, and continuing for the duration of this

18 Consent Decree, Huntington will notify counsel for the Commission whether it has received any

19 complaints of discrimination based on national origin or retaliation from employees in the Food

20 and Beverage Department (whether said complaints were oral or written, formal or informal,

21 filed with an administrative agency or simply raised to a management official at the workplace),

22 what steps were taken in response to the complaint(s), and how the situation was resolved.

23 MONETARY RELIEF

24

13. Huntington will pay the total sum of $35,000.00, to Charging Party Martin

25 Roman as damages for emotional distress and in complete satisfaction of the Commission’s

26 claims against Huntington as set forth in its Complaint. This sum will be paid directly to

27 Charging Party, and will be mailed to him via certified mail at an address to be provided to

28 Huntington by the Commission, within seven business days of the entry of the original Consent

AMENDED CONSENT DECREE

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Case 3:06-cv-02104-MMC Document 32 Filed 04/23/2007 Page 4 of 4

1 Decree in this matter, March 8, 2007. A copy of said check and any transmittal letter will be sent

2 to Commission counsel Cindy O’Hara at the San Francisco District Office.

3 SCOPE AND EXPIRATION OF CONSENT DECREE

4

14. This Consent Decree represents the full and final resolution of EEOC charges

5 370-2004-00248 and 370-2004-02673 on which this action was based. In addition, the

6 Commission will not use EEOC charge 370-2005-00463 as the basis for litigation, and will

7 instead close 370-2005-00463 as successfully conciliated.

8

15. This Consent Decree will be in effect for two (2) years, and will expire at

9 midnight on March 8, 2009, provided that Huntington has substantially complied with the terms

10 of this Consent Decree. Huntington will be deemed to have complied substantially if the Court

11 has not made any findings or orders during the term of the Decree that Huntington has failed to

12 comply with any of the terms of this Decree.

13

E-filing concurrence: I, Cindy O’Hara, attorney for Plaintiff Commission, attest that I

14 have obtained the concurrence of Kamili Williams Dawson, attorney for Defendant Nob Hill

15 Properties, Inc. dba Huntington Hotel for the lodging of this Consent Decree.

16 On Behalf of Plaintiff Commission:

On Behalf of Defendant:

17 Dated: April 20, 2007

Dated: April 20, 2007

18 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
19 ______/S/____________________
20 WILLIAM R. TAMAYO Regional Attorney
21 ______/S/____________________
22 JONATHAN PECK Supervisory Trial Attorney
23 ______/S/____________________
24 CINDY O’HARA Senior Trial Attorney
25

SEYFARTH SHAW, LLP
_______/S/_______________________ Kamili Williams Dawson Attorneys for Defendant Nob Hill Properties, Inc. dba Huntington Hotel

26

IT IS SO ORDERED

27 Dated: April 23, 2007
28

____________________________________ U.S. District Court Judge

AMENDED CONSENT DECREE

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ADRMOP, CLOSED, E-Filing, MEDTERM
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:06-cv-02104-MMC

Equal Employment Opportunity Commission v. Nob Hill Properties, Inc. Assigned to: Hon. Maxine M. Chesney Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/21/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Cindy O'Hara Equal Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415/625-5653 Fax: 415-625-5657 Email: cindy.ohara@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan T. Peck U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415/625-5600 Fax: 415-625-5657 Email: Jonathan.Peck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Robert Tamayo U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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Nob Hill Properties, Inc. doing business as Huntington Hotel

represented by Kamili Williams Dawson Seyfarth Shaw 560 Mission Street, Suite 3100 San Francisco, CA 94105 415-397-2823 Fax: 415-397-8549 Email: kdawson@seyfarth.com ATTORNEY TO BE NOTICED
William James Dritsas Seyfarth Shaw LLP 560 Mission Street Suite 3100 San Francisco, CA 94105 415-397-2823 Fax: 415-397-8549 Email: wdritsas@seyfarth.com ATTORNEY TO BE NOTICED

Date Filed 03/21/2006
03/21/2006 03/21/2006
03/21/2006 04/25/2006 05/09/2006 06/01/2006 06/06/2006

#

Docket Text

1 COMPLAINT Civil Rights - Employment Discrimination: JURY TRIAL DEMAND against Nob Hill Properties, Inc. Filed byEqual Employment Opportunity Commission. Fee Waived. (aaa, Court Staff) (Filed on 3/21/2006) Additional attachment(s) added on 3/23/2006 (aaa, Court Staff). (Entered: 03/22/2006)
Summons Issued as to Nob Hill Properties, Inc.. (aaa, Court Staff) (Filed on 3/21/2006) (Entered: 03/22/2006)
2 ADR SCHEDULING ORDER: Case Management Statement due by 6/16/2006. Case Management Conference set for 6/23/2006 10:30 AM. Signed by Judge Maxine M. Chesney on 03/21/06. (Attachments: # 1 Standing Order)(aaa, Court Staff) (Filed on 3/21/2006) (Entered: 03/22/2006)
CASE DESIGNATED for Electronic Filing. (aaa, Court Staff) (Filed on 3/21/2006) (Entered: 03/22/2006)
3 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Summons and Complaint (Attachments: # 1 Exhibit Acknowledgment of Receipt)(O'Hara, Cindy) (Filed on 4/25/2006) (Entered: 04/25/2006)
4 ANSWER to Complaint --Civil Rights--Employment Discrimination and Affirmative Defenses byNob Hill Properties, Inc.. (Dawson, Kamili) (Filed on 5/9/2006) (Entered: 05/09/2006)
5 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (O'Hara, Cindy) (Filed on 6/1/2006) (Entered: 06/01/2006)
6 STIPULATION and [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXCHANGE INITIAL DISCLOSURES by

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Nob Hill Properties, Inc.. (Dawson, Kamili) (Filed on 6/6/2006) Modified on 6/7/2006 (aaa, Court Staff). (Entered: 06/06/2006)
7 ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND DATE TO EXCHANGE INITIAL DISCLOSURES. The case management conference is continued from June 23, 2006 to July 14, 2006; a joint case management statement shall be filed no later than July 7, 2006. The deadline to exchange initial disclosures and documents is continued to July 14, 2006. Signed by Judge Maxine M. Chesney on June 8, 2006. (mmclc1, COURT STAFF) (Entered: 06/08/2006)
8 STIPULATION and Proposed Order selecting Mediation by Nob Hill Properties, Inc. (Dawson, Kamili) (Filed on 6/8/2006) (Entered: 06/08/2006)
Set Deadlines/Hearings: A Joint Case Management Statement due by 7/7/2006. Case Management Conference Continued for 7/14/2006 10:30 AM. Re 7 Order (aaa, Court Staff) (Filed on 6/8/2006) (Entered: 06/09/2006)
9 ORDER REFERRING CASE TO MEDIATION. The deadline to complete mediation is 120 days from the date of this order. Signed by Judge Maxine M. Chesney on June 12, 2006. (mmclc1, COURT STAFF) (Entered: 06/12/2006)
10 ADR Clerk's Notice Appointing Charles S. Loughran as Mediator dated 6/29/2006. (af, COURT STAFF) (Filed on 6/29/2006) (Entered: 06/29/2006)
11 REPORT of Rule 26(f) Planning Meeting (JOINT RULE 26(F) REPORT). (Dawson, Kamili) (Filed on 7/7/2006) (Entered: 07/07/2006)
12 JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by Nob Hill Properties, Inc.. (Dawson, Kamili) (Filed on 7/7/2006) (Entered: 07/07/2006)
13 ADR Clerk's Notice Vacating Appointment of Mediator, Charles S. Loughran 10, dated 7/11/2006. The ADR Unit will appoint another mediator as soon as possible. (af, COURT STAFF) (Filed on 7/11/2006). (Entered: 07/11/2006)
14 ADR Clerk's Notice Appointing Kristen W. Maloney as Mediator dated 7/13/2006. (af, COURT STAFF) (Filed on 7/13/2006) (Entered: 07/13/2006)
15 Minute Entry: Initial Case Management Conference held on 7/14/2006 before Maxine M. Chesney (Date Filed: 7/14/2006). Discovery due by 4/6/2007. Expert discovery due by 6/1/2007. Dispositive Motions due by 6/15/2007. Final Pretrial Conference set for 9/4/2007 03:00 PM. Jury Trial (2 to 3 weeks) set for 9/17/2007 09:00 AM in Courtroom 7, 19th Floor, San Francisco. Status Conference set for 6/22/2007 10:30 AM in Courtroom 7, 19th Floor, San Francisco, joint statement due by 6/15/2007. (Court Reporter Not Reported.) (tl, COURT STAFF) (Date Filed: 7/14/2006) (Entered: 07/14/2006)
16 PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 7/17/2006. (tl, COURT STAFF) (Filed on 7/17/2006) (Entered: 07/17/2006)
17 AMENDED PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 7/17/2006. (tl, COURT STAFF) (Filed on 7/17/2006) (Entered: 07/17/2006)

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18 Letter to counsel dated 7/17/2006 from Mediator, Kristen W. Maloney. (af, COURT STAFF) (Filed on 7/18/2006) (af, COURT STAFF). (Entered: 07/18/2006)
19 Letter to counsel dated 7/28/2006 from Mediator, Kristen W. Maloney. (af, COURT STAFF) (Filed on 7/28/2006) (Entered: 07/28/2006)
Set/Reset Hearings: Mediation Hearing set for 9/20/2006 09:30 AM., at the Federal Building, 450 Golden Gate Ave., 16th Floor, San Francisco. Report to ADR Reception Room 6892 on the 16th floor. Written statements exchanged and delivered to mediator by 9/13/2006. (af, COURT STAFF) (Filed on 7/28/2006) (Entered: 07/28/2006)
20 STIPULATION REQUESTING ORDER EXTENDING MEDIATION DEADLINE AND [PROPOSED] ORDER by Nob Hill Properties, Inc.. (Dawson, Kamili) (Filed on 10/5/2006) (Entered: 10/05/2006)
21 ORDER EXTENDING MEDIATION DEADLINE. The mediation deadline is extended from October 12, 2006 to November 10, 2006. Signed by Judge Maxine M. Chesney on October 6, 2006. (mmclc1, COURT STAFF) (Entered: 10/06/2006)
22 Proposed Order (PROTECTIVE) RE DISCLOSURE OF CONFIDENTIAL INFORMATION by Nob Hill Properties, Inc.. (Dawson, Kamili) (Filed on 10/26/2006) (Entered: 10/26/2006)
23 PROTECTIVE ORDER RE DISCLOSURE OF CONFIDENTIAL INFORMATION. Signed by Judge Maxine M. Chesney on October 30, 2006. (mmclc1, COURT STAFF) (Entered: 10/30/2006)
Set/Reset Hearings: Mediation Hearing was conducted on 11/1/2006. (af, COURT STAFF) (Filed on 11/3/2006) (Entered: 11/03/2006)
24 CERTIFICATION OF MEDIATION Session on 11/1/2006, case fully settled, mediation complete. Filed by Mediator, Kristen W. Maloney, dated 11/3/2006. (af, COURT STAFF) (Filed on 11/3/2006) (Entered: 11/03/2006)
25 ORDER OF DISMISSAL. The parties having advised the Court that they have agreed to a settlement of the above-titled action, IT IS HEREBY ORDERED that said action be dismissed without prejudice; provided, however, that if any party hereto shall certify to this Court, within ninety days, with proof of service of a copy thereon on opposing counsel, that the agreed consideration for the settlement has not been delivered, the foregoing order shall stand vacated and the action shall forthwith be restored to the calendar to be set for trial.Signed by Judge Maxine M. Chesney on November 6, 2006. (mmclc1, COURT STAFF) (Entered: 11/06/2006)
26 MOTION relief from dismissal re 25 Order Dismissing Case,, Request to Vacate Dismissal; Declaration of Cindy O'Hara in Support; proposed Order filed by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 2/1/2007) (Entered: 02/01/2007)
27 ORDER EXTENDING DEADLINE FOR PARTIES TO SUBMIT CERTIFICATION THAT AGREED CONSIDERATION HAS NOT BEEN DELIVERED. Either party shall have until March 9, 2007 to certify to the Court
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that the agreed consideration for settlement has not been delivered over. Upon proper certification, the Order of Dismissal, filed November 6, 2006, shall be vacated and the cause shall forthwith be restored to the calendar to be set for trial. Signed by Judge Maxine M. Chesney on February 5, 2007. (mmclc1, COURT STAFF) (Entered: 02/05/2007)
28 SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 3/6/2007) (Entered: 03/06/2007)
29 CONSENT DECREE. Signed by Judge Maxine M. Chesney on March 8, 2007. (mmclc1, COURT STAFF) (Filed on 3/8/2007) (Entered: 03/08/2007)
30 SETTLEMENT AGREEMENT Amended Consent Decree by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 4/20/2007) (Entered: 04/20/2007)
31 Letter from Cindy O'Hara, EEOC regarding Amended Consent Decree. (O'Hara, Cindy) (Filed on 4/20/2007) (Entered: 04/20/2007)
32 AMENDED CONSENT DECREE. Signed by Judge Maxine M. Chesney on April 23, 2007. (mmclc1, COURT STAFF) (Filed on 4/23/2007) (Entered: 04/23/2007)

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