Case 4:03-cv-01158-MLM Document 11 Filed 10/27/2003 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

)

v.

)

)

)

HITEN HOSPITALITY L.L.C. d/b/a FAMILY )

MOTOR INN and SULLIVAN SUPER 8 MOTEL )

COMPANY, INC.

)

Defendant.

)

CIVIL ACTION NO. 4-03CV01158MLM FIRST AMENDED COMPLAINT
JURY TRIAL DEMAND

PLAINTIFF’S FIRST AMENDED COMPLAINT NATURE OF ACTION
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and to provide appropriate relief to Tina Settles, Carolyn Rogers, and Natasha Delong who were adversely affected by such practices. The Equal Employment Opportunity Commission (the “Commission”) alleges that Tina Settles, Carolyn Rogers, and Natasha Delong were sexually harassed by their supervisor. The Commission further alleges that Defendants retaliated against Tina Settles and Natasha Delong because they complained about the sexual harassment. The Commission further alleges that Carolyn Rogers and Tina Settles were constructively discharged when Defendants made the conditions of their employment intolerable.

Case 4:03-cv-01158-MLM Document 11 Filed 10/27/2003 Page 2 of 6
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3)("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Missouri.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Hiten Hospitality L.L.C. d/b/a Family Motor Inn and Defendant Sullivan Super 8 Motel Company, Inc., have continuously been Missouri corporations doing business as an integrated enterprise in the State of Missouri and in the City of Sullivan, and have continuously had an aggregate of at least 15 employees. 5. At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Tina Settles, Natasha Delong, and Carolyn Rogers each filed a charge with the Commission alleging
2

Case 4:03-cv-01158-MLM Document 11 Filed 10/27/2003 Page 3 of 6
violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least May 1, 2001, Defendants have engaged in the following unlawful employment practices at their Sullivan, Missouri facilities in violation of Sections 703 and 704 of Title VII, 42 U.S.C. § 2000e-2 and § 2000e-3:
(a) Defendants sexually harassed Tina Settles, Carolyn Rogers and Natasha Delong. In particular, Mike Patel, Family Motor Inn’s manager, made sexual comments to them and subjected them to fondling and other unwelcome physical contact during their employment with Defendants.
(b) Defendants verbally harassed Tina Settles at home and on the job in retaliation for her complaining about the sexual harassment, with the result that she was constructively discharged.
(c) Defendants constructively discharged Carolyn Rogers when the sexual harassment became so egregious she could no longer continue working for Defendants.
(d) Defendants reduced Natasha Delong’s working hours and responsibilities in retaliation for her complaining about the sexual harassment.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Tina Settles, Carolyn Rogers, and Natasha Delong of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
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10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Tina Settles, Carolyn Rogers, and Natasha Delong.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in and any other employment practice which discriminates on the basis of sex. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendants to make whole Tina Settles, Carolyn Rogers, and Natasha Delong by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, in amounts to be determined at trial. D. Order Defendants to make whole Tina Settles, Carolyn Rogers, and Natasha Delong by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial. E. Order Defendants to pay Tina Settles, Carolyn Rogers, and Natasha Delong punitive damages for their malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
4

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F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
/s/Robert G. Johnson ROBERT G. JOHNSON Regional Attorney
/s/Barbara A. Seely BARBARA A. SEELY Supervisory Trial Attorney
5

Case 4:03-cv-01158-MLM Document 11 Filed 10/27/2003 Page 6 of 6
/s/Jan Shelly JAN SHELLY Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7918
6

 
 Case 4:03-cv-01158-MLM Document 18 Filed 11/18/2003 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HITEN HOSPITALITY L.L.C. d/b/a

)

FAMILY MOTOR INN and JAY KISHAN )

HOSPITALITY, INC.,

)

Defendants.

)

)

and

)

)

)

TINA SETTLES, CAROLYN ROGERS, )

AND NATASHA DELONG,

)

)

Plaintiff-Intervenors, )

)

v.

)

)

HITEN HOSPITALITY L.L.C. d/b/a

)

FAMILY MOTOR INN and MIKE PATEL, )

)

Defendants.

)

SECOND AMENDED COMPLAINT
CIVIL ACTION CASE NO: 4:03CV01158 MLM
JURY TRIAL DEMAND

PLAINTIFF’S SECOND AMENDED COMPLAINT

NATURE OF ACTION

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

Rights Act of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and to

provide appropriate relief to Tina Settles, Carolyn Rogers, and Natasha Delong who were adversely

affected by such practices. The Equal Employment Opportunity Commission (the “Commission”)

Case 4:03-cv-01158-MLM Document 18 Filed 11/18/2003 Page 2 of 6

alleges that Tina Settles, Carolyn Rogers, and Natasha Delong were sexually harassed by their

supervisor. The Commission further alleges that Defendants retaliated against Tina Settles and Natasha

Delong because they complained about the sexual harassment. The Commission further alleges that

Carolyn Rogers and Tina Settles were constructively discharged when Defendants made the conditions

of their employment intolerable.

JURISDICTION AND VENUE

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

1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3)("Title VII")

and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

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

jurisdiction of the United States District Court for the Eastern District of Missouri.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"),

is the agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of

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

4. At all relevant times, Defendant, Hiten Hospitality L.L.C. d/b/a Family Motor

Inn and Defendant Jay Kishan Hospitality, Inc., have continuously been Missouri corporations doing

business as an integrated enterprise in the State of Missouri and in the City of Sullivan, and have

continuously had an aggregate of at least 15 employees.

5. At all relevant times, Defendants have continuously been employers engaged in

2

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an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Tina Settles, Natasha Delong, and Carolyn Rogers each filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least May 1, 2001, Defendants have engaged in the following unlawful employment practices at their Sullivan, Missouri facilities in violation of Sections 703 and 704 of Title VII, 42 U.S.C. § 2000e-2 and § 2000e-3:
(a) Defendants sexually harassed Tina Settles, Carolyn Rogers and Natasha Delong. In particular, Mike Patel, Family Motor Inn’s manager, made sexual comments to them and subjected them to fondling and other unwelcome physical contact during their employment with Defendants.
(b) Defendants verbally harassed Tina Settles at home and on the job in retaliation for her complaining about the sexual harassment, with the result that she was constructively discharged.
(c) Defendants constructively discharged Carolyn Rogers when the sexual harassment became so egregious she could no longer continue working for Defendants.
(d) Defendants reduced Natasha Delong’s working hours and responsibilities in retaliation for her complaining about the sexual harassment.
3

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8. The effect of the practices complained of in paragraph 7 above has been to deprive Tina Settles, Carolyn Rogers, and Natasha Delong of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Tina Settles, Carolyn Rogers, and Natasha Delong.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in and any other employment practice which discriminates on the basis of sex. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendants to make whole Tina Settles, Carolyn Rogers, and Natasha Delong by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, in amounts to be determined at trial.
4

Case 4:03-cv-01158-MLM Document 18 Filed 11/18/2003 Page 5 of 6
D. Order Defendants to make whole Tina Settles, Carolyn Rogers, and Natasha Delong by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order Defendants to pay Tina Settles, Carolyn Rogers, and Natasha Delong punitive damages for their malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel 5

Case 4:03-cv-01158-MLM Document 18 Filed 11/18/2003 Page 6 of 6
/s/Robert G. Johnson ROBERT G. JOHNSON Regional Attorney
/s/Barbara A. Seely BARBARA A. SEELY Supervisory Trial Attorney
/s/Jan Shelly JAN SHELLY Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7918
6

 
 Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 1 of 24

FOR THE EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HITEN HOSPITALITY L.L.C. d/b/a

)

FAMILY MOTOR INN and JAY KISHAN

)

HOSPITALITY, INC.,

)

)

Defendants.

)

)

and

)

)

TINA SETTLES, CAROLYN ROGERS,

)

AND NATASHA DELONG,

)

)

Plaintiff-Intervenors, )

)

)

v.

)

)

)

)

HITEN HOSPITALITY L.L.C. d/b/a

)

FAMILY MOTOR INN and MIKE PATEL,

)

)

Defendants.

)

CIVIL ACTION CASE NO: 4:03CVOl158 MLM

CONSENT DECREE Introduction
Plaintiff, Equal Employment Opportunity Commission (hereinafter the "Commission"), has instituted this action alleging that Defendants violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et seq. (hereinafter "Title
686884

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 2 of 24
VII"), by sexually harassing Tina Settles, Carolyn Rogers, and Natasha Delong, by retaliating against Tina Settles and Natasha Delong, and by constructively discharging Carolyn Rogers because of their sex.
Tina Settles, Carolyn Rogers, and Natasha Delong, by and through their attorneys, have intervened in this lawsuit, alleging violations of Title VII, and tort claims under Missouri state law.
For purposes of settlement and compromise only, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay, and burden of further litigation;
THEREFORE, it is the finding of this Court, made on the pleadings and on the record as a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to and the subject matter of this action, (ii) the requirements of Title VII will be carried out by the implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: I. General Provisions
1. This Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute an
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Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 3 of 24
adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendants of any violation of Title VII or claims made under Missouri state law, or any executive order, law, rule or regulation dealing with or in connection with sex discrimination in employment.
2. Defendants shall not discriminate or retaliate against any person because she has opposed any practices alleged in this action as unlawful under Title VII, has participated in an investigation conducted under Title VII with respect to this complaint, or because she has participated in this lawsuit or has benefited in any way as a result of this Consent Decree.
II. Relief for Charging Party 3. By March 19, 2004, Defendants shall forward to Darrell Graham, Anthony Gray, and/or Sandra Baker, attorneys for the three individual plaintiffs/intervenors the gross sum of One Hundred Eighty Thousand Dollars, ($180,000.00). 4. Within thirty (30) days of the entry of this Decree, Defendants will prepare a letter in the form shown in Exhibit A on appropriate Hiten Hospitality letterhead, and will make a signed copy of the resulting letter part of the permanent employment record of Tina Settles, Natasha Delong, and Carrie Rogers. Defendants will provide a copy of this letter for review to Plaintiff-Intervenors' attorneys. In the case of any inquiries by any prospective employers regarding Tina Settles, Natasha Delong,
3

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 4 of 24
or Carrie Rogers, Defendants will limit their response to the information contained in this letter, which shall be available to the prospective employer and a copy provided, if requested.
III. Training 5. Within sixty days (60) days after the Consent Decree is approved by the Court, Defendants shall provide mandatory sexual harassment and retaliation training for all of its owners, managers, supervisors and employees, either in person or by videotape, within any Missouri facility owned and/or operated by Hiten Hospitality, Inc. and/or Jay Kishan Hospitality, Inc., including but not limited to, the Family Motor Inn of Sullivan, Missouri, and the Super 8 Motel in Sullivan, Missouri. The content of this training shall include sexual harassment, sex discrimination, and retaliation under Title VII of the Civil Rights Act. This training shall be presented by an outside, third-party consultant who is approved by the Regional Attorney of the EEOC's St. Louis District Office. The training shall include information regarding Title VII's prohibition against the sexual harassment and retaliation of employees, and shall be at least three hours in duration. Defendants shall submit to the Regional Attorney the names and qualifications of the designated trainers, along with a draft of the training curriculum and materials to be distributed at the training, sufficiently in advance of the training to allow for Commission comment and discussion.
4

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6. In the event that the proposed training is not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no later than fifteen (15) days after receiving the EEOC's objection. In the event the parties are unable to reach an agreement, they shall submit their dispute to a neutral and mutually agreeable third party for mediation before pursuing remedies with the Court. Defendants agree that, should this dispute be referred to a third party for mediation as described above, Defendants shall bear all costs, if any, related thereto. Once the EEOC approves of the content of the training and the trainers, the EEOC will be notified at least five (5) days before the training occurs. This notification shall contain the training date, time and location. The EEOC may observe some or all of Defendants' training to ascertain the trainer's effectiveness. This training will be completed no later than one year from the Court's approval of this Consent Decree. At the conclusion of all training, a certificate or other proof of course completion by all employees of this training shall be provided to the EEOC.
7. Within sixty (60) days of providing any training pursuant to paragraph 5, Defendants shall send to the EEOC's Regional Attorney in its St. Louis Office a report describing the training, and listing the names, addresses, and phone numbers of all Defendants' employees who were trainees, and the names and business addresses and phone numbers of all trainers.
5

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 6 of 24
IV. Posting and Policies 8. Defendants shall post and cause to remain posted copies of the notice in the form attached hereto as Exhibit B in locations publicly visible to all employees and applicants in all facilities owned and/or operated by Hiten Hospitality, L.L.C. and/or Jay Kishan Hospitality, Inc., including but not limited to, the Family Motor Inn of Sullivan, Missouri, and the Super 8 Motel in Sullivan, Missouri for a period of two years starting from the date of entry of this Decree. 9. Within sixty days of the entry of this Decree, Defendants
shall cause the policy attached hereto as Exhibit c to be signed by
Hiten Hospitality L.L.C. and/or Jay Kishan Inc. 's Chief Executive Officer and distributed to each and every management official employed at any facility owned and/or operated by either Defendant in the states of Missouri and/or Illinois. Defendants shall also cause all of the aforementioned officials to sign the statement attached hereto as Exhibit D to indicate that they have received and read the policy.
V. Reporting, Record-keeping, and Access 10. Within forty-five days of the entry of this Decree, Defendants shall prepare and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter indicating as follows:
a. that the notice (Exhibit B) required by paragraph 8 above has been posted,
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Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 7 of 24

b.

that the Equal Employment Opportunity policy

(Exhibit C) has been distributed as required by paragraph

9, above, and

c. that the training required by paragraph 5 above has

been completed.

The signed copies of Exhibit D shall be enclosed with the letter.

11. During the term of this Decree, Defendants shall allow

representatives of the Commission to review Defendants' compliance

with this Decree by inspecting and photocopying relevant documents

and records, interviewing employees and management officials on

their premises, and inspecting their premises. Such review of

compliance shall be initiated by written notice to the Defendants'

attorney of record at least three business days in advance of any

inspection of Defendants' documents or premises.

VI. Term and Effect of Decree

12. By entering into this Decree, the parties do not intend

to resolve any charges of discrimination currently pending before

the Commission other than the charge that created the procedural

foundation for the complaint in this case.

13. This Decree shall be binding upon the parties hereto,

their successors and assigns. Defendants shall affirmatively

notify any purchasers of the obligations of this Consent Decree

prior to any sale which may take place.

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14. This Decree shall be for a period of four years and can only be extended for good cause shown. During the Decree's term the Court shall retain jurisdiction of this cause for purposes of compliance.
15. Each party shall bear its own costs.

BY CONSENT: FOR DEFENDANTS:

B YY\fl.,t-0QlAJ ';f~
UNITED S~ATES iii !!T MAGISTRATE ';J~~
FOR PLAINTIFF:

1~1.~
KATHI L. CHESTNUT Fed. #2814 JOY URBOM TAYLOR Fed. #13415 Greensfelder, Hemker & Gale, P.C. 10 S. Broadway 2000 Equitable Building St. Louis, MO 63102 (314) 241-9090 FAX: (314) 241-3643

Regional At

8

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 9 of 24
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7918 FOR PLAINTIFF-INTERVENORS:
SANDRA LEE BAKER Attorney at Law 906 N. Albany Avenue Bolivar, MO 65613 (417) 864-5797 Fax: (417) 864-5944
DARRELL E. GRAHAM ANTHONY GRAY 7318 South Florissant Rd. St. Louis, MO 63121 (314) 385-9500 Fax: (314) 385-9504
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Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 10 of 24
EXHIBIT A LETTER OF REFERENCE
Hiten Hospitality letterhead To Whom it May Concern: Carolyn Rogers was employed at Family Motor Inn in the position of front desk clerk. Her job performance was consistently acceptable, her attendance was regular, and she is eligible for re-hire.
Sincerely, Site Manager

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 11 of 24
EXHIBIT A LETTER OF REFERENCE
Hiten Hospitality letterhead To Whom it May Concern: Tina Settles was employed at Family Motor Inn in the position of front desk clerk. Her job performance was consistently acceptable, her attendance was regular, and she is eligible for re-hire.
Sincerely, Site Manager

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 12 of 24
EXHffiITA LETTER OF REFERENCE
Hiten Hospitality letterhead To Whom it May Concern: Natasha Delong was employed at Family Motor Inn in the position of front desk clerk. Her job performance was consistently acceptable, her attendance was regular, and she is eligible for rehire.
Sincerely, Site Manager

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 13 of 24
EXHIBITB
NOTICE TO EMPLOYEES
Federal law prohibits discrimination against any employee or applicant for employment because of the individual's race, national origin, color, religion, sex, or age (forty and over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. It also prohibits retaliation against employees because they have opposed practices they believe discriminate on the basis of race, national origin, color, religion, sex, or age (forty and over) or because they have filed charges with the EEOC or participated in or cooperated with an EEOC investigation.
In particular, Federal law prohibits harassment of employees on the basis of their sex. Hiten Hospitality L.L.C. d/b/a Family Motor Inn and Jay Kishan Hospitality, Inc. support and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law. Hiten Hospitality L.L.C. d/b/a Family Motor Inn and Jay Kishan Hospitality, Inc will not tolerate harassment of employees based upon sex. Specifically, Hiten Hospitality L.L.C. d/b/a Family Motor Inn and Jay Kishan Hospitality, Inc. will not tolerate language that is demeaning to persons of a particular sex, inappropriate touching, sexual jokes and comments, and unwelcome advances toward persons of a particular sex.
Employees should feel free to report instances of prohibited harassment to any management official at any time. In the event the management official is engaged in the harassment, Hiten Hospitality L.L.C. d/b/a Family Motor Inn and Jay Kishan Hospitality, Inc. provide additional avenues for the employees to use to report instances of sexual harassment. Hiten Hospitality L.L.C. d/b/a Family Motor Inn and Jay Kishan Hospitality, Inc. have established policies and procedures to promptly investigate any such reports and to protect the person making the reports from retaliation.
Employees are also free to make complaints about sexual harassment or about other employment discrimination to the Office of the Regional Attorney, United States Equal Employment Opportunity Commission, Robert A. Young Building, 1222 Spruce Street, Room 8.100, St. Louis, MO 63103, (Attention: Jan Shelly, Senior Trial Attorney) or by telephone at (314)539-7918.
CHIEF EXECUTIVE OFFICER
DATE

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 14 of 24
EXHIBITC POLICY ON HARASSMENT Pursuant to Title VII of the Civil Rights Act of 1964, as amended, it is unlawful for an employer to subject any employee to acts of harassment based upon the employee's sex, race, color, religion or national origin, or to permit or encourage a work enviromnent in which such conduct occurs. Sexual harassment is defined as any unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature where anyone ofthe three criteria below are met: 1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work enviromnent. Harassment based upon sex, race, color, religion or national origin includes any verbal or other conduct that demeans, insults or intimidates an employee or a group of employees because of their sex, race, color, religion or national origin. Prohibited conduct includes, but is not limited to jokes, labels, names, or stories offensive to a particular group of persons.

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 15 of 24
It is the policy of Hiten Hospitality L.L.C. d/b/a Family Motor Inn and Jay Kishan Hospitality, Inc. to prohibit the harassment described above. All persons, including all managers, who engage in such conduct, shall be discharged.
Employees also should be aware of the following: 1) That the harassment described above is unlawful and such conduct will not be tolerated or condoned by this company; 2) That persons subjected to such harassment may complain to anyone in management and that within 10 (ten) calendar days management shall conduct a full investigation, report back to the complaining individual, and take appropriate action against an offending party; 3) Every employee has a right to file a charge alleging sexual harassment with the Equal Employment Opportunity Commission, Robert A. Young Building, 1222 Spruce Street, Room 8.100, St. Louis, MO 63103; and 4) Any employee who files a sexual harassment complaint shall not be fired or otherwise harmed because he or she filed a complaint.
Chief Executive Officer

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 16 of 24

EXHIBITD
The undersigned managers employed by Hiten Hospitality L.L.C. d/b/a Family Motor Inn and Jay Kishan Hospitality, Inc. certifY that they have received a copy of their employer's policies relating to sex discrimination, and that they have read this policy by the date indicated.

NAME

TITLE

DATE

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 17 of 24
EXHIBIT B
NOTICE TO EMPLOYEES
Federal law prohibits discrimination against any employee or applicant for employment because of the individual's race, national origin, color, religion, sex, or age (forty and over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. It also prohibits retaliation against employees because they have opposed practices they believe discriminate on the basis of race, national origin, color, religion, sex, or age (forty and over) or because they have filed charges with the EEOC or participated in or cooperated with an EEOC investigation.
In particular, Federal law prohibits harassment of employees on the basis of their sex. Jay Kishan Hospitality, Inc. d/b/a Sullivan Super 8 Motel ("Jay Kishan") supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law. Jay Kishan will not tolerate harassment of employees based upon sex. Specifically, Jay Kishan will not tolerate language that is demeaning to persons of a particular sex, inappropriate touching, sexual jokes and comments, and unwelcome advances toward persons of a particular sex.
Employees should feel free to report instances of prohibited harassment to any management official at any time. In the event the management official is engaged in the harassment, Jay Kishan provides additional avenues for the employees to use to report instances of sexual harassment. has established policies and procedures to promptly investigate any such reports and to protect the person making the reports from retaliation.
Employees are also free to make complaints about sexual harassment or about other employment discrimination to the Office of the Regional Attorney, United States Equal
Employment Opportunity Commission, Robert A. Young Building, 1222 Spruce Street,
Room 8.100, St. Louis, MO 63103, (Attention: Jan Shelly, Senior Trial Attorney) or by telephone at (314)539-7918.
CHIEF EXECUTIVE OFFICER
DATE

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 18 of 24
EXHIBITB
NOTICE TO EMPLOYEES
Federal law prohibits discrimination against any employee or applicant for employment because of the individual's race, national origin, color, religion, sex, or age (forty and over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. It also prohibits retaliation against employees because they have opposed practices they believe discriminate on the basis of race, national origin, color, religion, sex, or age (forty and over) or because they have filed charges with the EEOC or participated in or cooperated with an EEOC investigation.
In particular, Federal law prohibits harassment of employees on the basis of their sex. Hiten Hospitality L.L.C. d/b/a Family Motor Inn supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law. Hiten Hospitality L.L.C. d/b/a Family Motor Inn will not tolerate harassment of employees based upon sex. Specifically, Hiten Hospitality L.L.C. d/b/a Family Motor Inn will not tolerate language that is demeaning to persons of a particular sex, inappropriate touching, sexual jokes and comments, and unwelcome advances toward persons of a particular sex.
Employees should feel free to report instances of prohibited harassment to any management official at any time. In the event the management official is engaged in the harassment, Hiten Hospitality L.L.C. d/b/a Family Motor Inn provides additional avenues for the employees to use to report instances of sexual harassment. Hiten Hospitality L.L.C. d/b/a Family Motor Inn has established policies and procedures to promptly investigate any such reports and to protect the person making the reports from retaliation.
Employees are also free to make complaints about sexual harassment or about other employment discrimination to the Office of the Regional Attorney, United States Equal Employment Opportunity Commission, Robert A. Young Building, 1222 Spruce Street, Room 8.100, St. Louis, MO 63103, (Attention: Jan Shelly, Senior Trial Attorney) or by telephone at (314)539-7918.
CHIEF EXECUTIVE OFFICER
DATE

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 19 of 24
EXHIBITC POLICY ON HARASSMENT Pursuant to Title VII of the Civil Rights Act of 1964, as amended, it is unlawful for an employer to subject any employee to acts of harassment based upon the employee's sex, race, color, religion or national origin, or to permit or encourage a work environment in which such conduct occurs. Sexual harassment is defined as any unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature where anyone of the three criteria below are met: 1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Harassment based upon sex, race, color, religion or national origin includes any verbal or other conduct that demeans, insults or intimidates an employee or a group of employees because of their sex, race, color, religion or national origin. Prohibited conduct includes, but is not limited to jokes, labels, names, or stories offensive to a particular group of persons.

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 20 of 24
It is the policy of Jay Kishan Hospitality, Inc. d/b/a Sullivan Super 8 Motel ("Jay Kishan") to prohibit the harassment described above. All persons, including all managers, who engage in such conduct, shall be discharged.
Employees also should be aware of the following: 1) That the harassment described above is unlawful and such conduct will not be tolerated or condoned by this company; 2) That persons subjected to such harassment may complain to anyone in management and that within 10 (ten) calendar days management shall conduct a full investigation, report back to the complaining individual, and take appropriate action against an offending party; 3) Every employee has a right to file a charge alleging sexual harassment with the Equal Employment Opportunity Commission, Robert A. Young Building, 1222 Spruce Street, Room 8.100, St. Louis, MO 63103; and 4) Any employee who files a sexual harassment complaint shall not be fired or otherwise harmed because he or she filed a complaint.
Chief Executive Officer

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 21 of 24
EXHIBITC POLICY ON HARASSMENT Pursuant to Title VII of the Civil Rights Act of 1964, as amended, it is unlawful for an employer to subject any employee to acts of harassment based upon the employee's sex, race, color, religion or national origin, or to permit or encourage a work environment in which such conduct occurs. Sexual harassment is defined as any unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature where anyone of the three criteria below are met: I) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Harassment based upon sex, race, color, religion or national origin includes any verbal or other conduct that demeans, insults or intimidates an employee or a group of employees because of their sex, race, color, religion or national origin. Prohibited conduct includes, but is not limited to jokes, labels, names, or stories offensive to a particular group of persons.

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 22 of 24
It is the policy of Hiten Hospitality L.L.C. d/b/a Family Motor Inn to prohibit the harassment described above. AU persons, including aU managers, who engage in such conduct, shall be discharged.
Employees also should be aware of the following: I) That the harassment described above is unlawful and such conduct will not be tolerated or condoned by this company; 2) That persons subjected to such harassment may complain to anyone in management and that within 10 (ten) calendar days management shall conduct a full investigation, report back to the complaining individual, and take appropriate action against an offending party; 3) Every employee has a right to file a charge aUeging sexual harassment with the Equal Employment Opportunity Commission, Robert A. Young Building, 1222 Spruce Street, Room 8.100, St. Louis, MO 63103; and 4) Any employee who files a sexual harassment complaint shall not be fired or otherwise harmed because he or she filed a complaint.
Chief Executive Officer

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 23 of 24

EXHIBIT D
The undersigned managers employed by Jay Kishan Hospitality, Inc. d/b/a Sullivan Super 8 Motel certify that they have received a copy of their employer's policies relating to sex discrimination, and that they have read this policy by the date indicated.

NAME

TITLE

DATE

Case 4:03-cv-01158-MLM Document 30 Filed 03/18/2004 Page 24 of 24

EXHIBITD

The undersigned managers employed by Hiten Hospitality L.L.C. d/b/a Family Motor Inn certifY that they have received a copy of their employer's policies relating to sex discrimination, and that they have read this policy by the date indicated.

NAME

TITLE

DATE

 
 Case 4:03-cv-01158-MLM Document 31 Filed 07/14/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HITEN HOSPITALITY L.L.c. d/b/a

)

FAMILY MOTOR INN and JAY KISHAN )

HOSPITALITY, INC.,

)

)

Defendants.

)

)

and

)

)

TINA SETTLES, CAROLYN ROGERS, )

AND NATASHA DELONG,

)

)

Plaintiff-Intervenors, )

)

v.

)

)

HITEN HOSPITALITY L.L.c. d/b/a

)

FAMILY MOTOR INN and MIKE PATEL, )

)

_ _ _ _ _ _ _ _ _ _ _ _ _ _~D~e=fu~n~d~anwt~s,_ _ _ _ _ _ _)

CIVIL ACTION CASE NO: 4:03CV01158 ivlUvl

STIPULATION FOR DISMISSAL

COMES NOW Plaintiffs-Intervenors, Tina Settles, Carolyn Rogers and Natasha Delong

and dismiss their claims against Defendants with prejudice. Each party 10 bear its own costs and

attorneys fees.

Tina Settles

( I" ....r ./

686865

Case 4:03-cv-01158-MLM Document 31 Filed 07/14/2004 Page 2 of 2
BY__~+=~~~~~~=-~~~_______ Jan .Shell Attorney for Plaintiff EEOC St. Louis District Office Robert A. Young Federal Building 1222 Spruce, Room 8.100 St. Louis, MO 63103
() , !( tf (~;~j
BY .~c,. t r)!...A..._~,.. L::J:'' Pit!:
Sandra Lee Baker Attorney for Plainti ffs-Intervenors 906 N. Albany Avenue Bolivar, MO 65613
/'
BY~L4/~/~/ ~_~j/~'~/~-._J__//_~_. ···_··_________
Darrell E. Graham Anthony Gray Attorneys for Plaintiffs-Intervenors 7318 South Florissant Road St. Louis, MO 63121
686865

 
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ADR, CLOSED, FULLCON, TRCK3
U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:03-cv-01158-MLM

EEOC v. Hiten Hospitality Assigned to: Mag Judge Mary Ann L. Medler Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/21/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Barbara A. Seely EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: barbara.seely@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert G. Johnson EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jan Shelly EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: jan.shelly@eeoc.gov ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff

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Tina Settles
Intervenor Plaintiff Carolyn Rogers
Intervenor Plaintiff Natasha Delong
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represented by Anthony D. Gray GRAY GRAHAM LLP 7318 S. Florissant Road St. Louis, MO 63121 314-256-9284 Fax: 314-485-4753 Email: gray.lawyer@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Darrell E. Graham GRAY GRAHAM LLP 7318 S. Florissant Road St. Louis, MO 63121 314-427-8600 Fax: 314-427-8601 Email: graham.lawyer@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra Lee Baker BAKER LAW OFFICE 906 N. Albany Avenue Bolivar, MO 65613 417-864-5797 Fax: 417-864-5944 Email: sandra.baker@lsmo.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Anthony D. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Darrell E. Graham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra Lee Baker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Anthony D. Gray (See above for address)
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V. Defendant Hiten Hospitality LLC doing business as Family Motor Inn
Defendant Jay Kishan Hospitality, Inc.
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
Darrell E. Graham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra Lee Baker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kathi L. Chestnut GREENSFELDER AND HEMKER 10 S. Broadway Suite 2000, Equitable Building St. Louis, MO 63102 314-241-9090 Fax: 314-241-3643 Email: klc@greensfelder.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joy Urbom Taylor GREENSFELDER AND HEMKER 10 S. Broadway Suite 2000, Equitable Building St. Louis, MO 63102 314-241-9090 Fax: 314-241-3643 Email: jut@greensfelder.com ATTORNEY TO BE NOTICED
represented by Joy Urbom Taylor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathi L. Chestnut (See above for address) ATTORNEY TO BE NOTICED
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Date Filed 08/21/2003 08/21/2003 09/19/2003 09/23/2003 09/23/2003 09/30/2003 09/30/2003 10/06/2003 10/20/2003 10/20/2003 10/21/2003 10/22/2003
10/27/2003 10/27/2003 10/30/2003

#

Docket Text

1 COMPLAINT; # Waivers of Service Issued: 1 # Counts: 1; jury demand 2 consents (SET) (Entered: 08/26/2003)
2 TRACK INFORMATION STATEMENT filed by plaintiff EEOC track 3 preferred (SET) (Entered: 08/26/2003)
3 MOTION by movant Tina Settles, movant Carolyn Rogers, movant Natasha Delong to intervene with memo in support and proposed complaint in intervention attached. (KXS) (Entered: 09/22/2003)
4 RULED DOCUMENT by Mag Judge Mary Ann L. Medler granting motion to intervene [3-1] (cc: all counsel) (CMA) (Entered: 09/23/2003)
5 INTERVENOR'S COMPLAINT (Titled Complaint in Intervention) by intervenor Tina Settles, intervenor Carolyn Rogers, intervenor Natasha Delong; # Counts: 6; jury demand (CMA) (Entered: 09/23/2003)
6 MOTION by intervenor Tina Settles, intervenor Carolyn Rogers, intervenor Natasha Delong for attorney Sandra Lee Baker to appear pro hac vice (KCM) (Entered: 10/02/2003)
7 RECEIPT # S2003-011522 in the amount of $ 25.00 for pro hac vice admission for Sandra L. Baker (KCM) (Entered: 10/02/2003)
8 RULED DOCUMENT by Mag Judge Mary Ann L. Medler granting motion for attorney Sandra Lee Baker to appear pro hac vice [6-1] (cc: all counsel) (CMA) Additional attachment(s) added on 12/16/2003 (FLJ, ). (Entered: 10/08/2003)
9 ENTRY of Appearance by Joy Urbom Taylor Defendant Hiten Hospitality LLC. (Taylor, Joy) (Entered: 10/20/2003)
10 MOTION for Extension of: Time in Which to File Appropriate Motions and/or Pleadings by Defendant Hiten Hospitality LLC (Note: Docketed By Clerk Pursuant to Document No. 9) (CMA ) (Entered: 10/21/2003)
***REMARK : Attorney Kathi Chestnut added to case by Clerk Pursuant to Entry of Appearance Dated 10/20/03 (CMA ) (Entered: 10/21/2003)
Docket Text ORDER re 10 MOTION for Extension of: Time in Which to File Appropriate Motions and/or Pleadings filed by Hiten Hospitality LLC ; ORDERED Granted up to and including Thursday, October 30, 2003. Signed by Judge Mary Ann L Medler on 10/22/2003. (sck, ) (Entered: 10/22/2003)
11 AMENDED COMPLAINT against defendant(s) Hiten Hospitality LLC , filed by Equal Employment Opportunity Commission. Related document: [1] Complaint.(Shelly, Jan) (Entered: 10/27/2003)
12 MEMORANDUM re 11 Amended Complaint Certificate of Service by Plaintiff Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 10/27/2003)
13 ANSWER to Complaint (Plaintiffs-Intervenors') by Hiten Hospitality LLC.(Chestnut, Kathi) (Entered: 10/30/2003)

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10/30/2003 10/30/2003 10/30/2003
11/13/2003 11/14/2003 11/18/2003 11/19/2003
11/26/2003 12/11/2003 12/11/2003 12/11/2003 12/22/2003

14 ANSWER to Amended Complaint by Hiten Hospitality LLC.(Chestnut, Kathi) (Entered: 10/30/2003)
15 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Hiten Hospitality LLC Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Chestnut, Kathi) (Entered: 10/30/2003)
16 MOTION to Dismiss and/or Strike :Counts II Through VI of Plaintiffs-Intervenors' Complaint by Defendant Hiten Hospitality LLC. (Attachments: # 1 Memorandum in Support of Defendant Hiten Hospitality, L.L.C. d/b/a Family Motor Inn's Motion to Dismiss and/or Strike Counts II Through VI of Plaintiffs-Intervenors' Complaint)(Chestnut, Kathi) (Entered: 10/30/2003)
17 MOTION to File Second Amended Complaint by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Shelly, Jan) (Modified on 11/14/2003 to Edit Docket Text - CMA) (Entered: 11/13/2003)
Docket Text ORDER re 17 MOTION to Amend/Correct [1] Complaint Plaintiff's Motion to File Second Amended Complaint filed by Equal Employment Opportunity Commission is GRANTED. Signed by Judge Mary Ann L. Medler on 11/14/03. (sck, ) (Entered: 11/14/2003)
18 AMENDED COMPLAINT Second Amended Complaint against defendant(s) Hiten Hospitality LLC Second Amended Complaint, filed by Equal Employment Opportunity Commission. Related document: [1] Complaint.(Shelly, Jan) (Entered: 11/18/2003)
19 RULE 16 ORDER This case is assigned to Track: 2 (standard) Joint Scheduling Plan due by 12/12/2003. Rule 16 Conference set for 12/19/2003 10:00 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler. Magistrate Consent due by 12/12/2003. Signed by Judge Mary Ann L. Medler on 11/19/03. (DJO, ) (Entered: 11/24/2003)
20 ANSWER to Amended Complaint by Hiten Hospitality LLC.(Chestnut, Kathi) (Entered: 11/26/2003)
21 JOINT SCHEDULING PLAN by Plaintiff Equal Employment Opportunity Commission, Deft Hiten Hospitality, Deft Jay Kishan Hospitality, and Intervenor Pltfs Settles, Rogers, and Delong. (Shelly, Jan) (Modified on 12/12/2003 to Edit Filer - CMA) (Entered: 12/11/2003)
22 ENTRY of Appearance by Kathi L. Chestnut Defendant Jay Kishan Hospitality, Inc.. (Chestnut, Kathi) (Entered: 12/11/2003)
23 ANSWER to Second Amended Complaint by Jay Kishan Hospitality, Inc..(Chestnut, Kathi) (Modified on 12/12/2003 to Edit Docket Text by Adding "Second" - CMA) (Entered: 12/11/2003)
24 FULL CONSENT has been received by by Intervenor Plaintiffs Natasha Delong, Carolyn Rogers, Tina Settles, Plaintiff Equal Employment Opportunity Commission, Defendants Hiten Hospitality LLC, Jay Kishan Hospitality, Inc.. (KXS, ) (Entered: 12/29/2003)

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12/30/2003
12/30/2003 02/02/2004 02/05/2004 02/24/2004
03/18/2004 07/14/2004 11/09/2004

25 CASE MANAGEMENT ORDER: This case is assigned to Track 3: Complex; Motion to Join Parties due by 3/12/2004; Discovery Completion due by 1/3/2005; Non-Dispositive Motions due by 1/14/2005; ADR Future Reference 1/9/2004 and the referral shall terminate on 3/12/04; Dispositive Motions due by 1/15/2005 (Opposition briefs shall be filed no later than 2/14/05 and any reply brief may be filed no later than 2/28/05); Jury Trial set for 8/1/2005 09:00 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler; Pretrial Compliance due by 7/12/2005; Signed by Judge Mary Ann L. Medler on 12/30/03(CMA) (Entered: 12/30/2003)
26 ORDER REFERRING CASE to Alternative Dispute Resolution: This case is referred to: Mediation; Designation of Lead Counsel: Jan Shelly; ADR Completion Deadline due by 3/12/2004; Designation of Neutral due by 1/19/2004; ADR Conference Schedule due by 1/19/2004; Signed by Judge Mary Ann L. Medler on 12/30/03(CMA) (Entered: 12/30/2003)
27 Designation of Neutral by parties and ADR Conference Report by Plaintiff Equal Employment Opportunity Commission Neutral: Karen Tokarz Date of Conference: February 17, 2004 time: 9:00 a.m. Location: Greensfelder and Hempker(Shelly, Jan) (Entered: 02/02/2004)
28 NOTICE of Appointment of Neutral- Neutral name: Karen Tokarz - Neutral selected by parties, Notice of appointment and order of referral e-mailed to Neutral Tokarz.(SAC, ) (Entered: 02/05/2004)
29 ORDER - IT IS HEREBY ORDERED that the August 1, 2005 trial setting is vacated and all pending motions are denied without prejudice. IT IS HEREBY ORDERED that counsel shall file, within 30 days of the date of this order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment. Failure to timely comply with this order shall result in the dismissal of this action with prejudice.Signed by Judge Mary Ann L. Medler on 2/24/04. (LAH, ) (Entered: 02/24/2004)
30 CONSENT DECREE (Terminate Case) See Decree for Details....Signed by Judge Mary Ann L. Medler on 3/18/04. (ARL) (Entered: 03/22/2004)
31 STIPULATION for Dismissal by Defendants Hiten Hospitality LLC, Jay Kishan Hospitality, Inc. and Intervenor Pltfs Natasha Delong, Carolyn Rogers, and Tina Settles (Chestnut, Kathi) (Modified on 7/15/2004 to Add Filers - CMA) (Entered: 07/14/2004)
32 ADR COMPLIANCE REPORT by Neutral: Karen Tokarz, Date of Conference: February 17, 2004, participated in good faith: yes, the parties DID achieve a settlement(SAC, ) (Entered: 11/09/2004)

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 EEOC LITIGATION SETTLEMENT REPORT - MARCH 2004

http://www.eeoc.gov/litigation/settlements/settlement03-04.html

EEOC v. Family Motor Inn No. 4:03-01158 (MLM) (E.D. Mo. Mar. 18, 2004)
The St. Louis District Office filed this Title VII action against a family-owned motel, alleging that one of defendant's managers, who is also the owner's brother, made sexual comments to and fondled three female front desk workers. The Commission further alleged that defendant retaliated against the two victims who complained by verbally harassing one at home and on the job and reducing the work hours and eliminating the supervisory duties of the other. Finally, the Commission alleged that the women were constructively discharged. (The manager was found guilty in a state court of criminal charges stemming from his touching of the women.) The motel did not have a sexual harassment policy. In accordance with a four-year consent decree, defendant has agreed to pay the three women a total of $180,000 in damages for emotional distress and to provide positive employment references. In addition, the company agreed to issue a sexual harassment policy and, within 60 days, to provide mandatory 3-hour EEO training to its entire workforce, which shall emphasize the prohibitions against sexual harassment, sex discrimination, and retaliation.

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