IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
NABSTAR, LLC DIB/A SLEEP INN Defendant.

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CNIL ACTION NO. 05-00374

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CONSENT DECREE A. This action was instituted by the U.S. Equal Employment Opportunity Commission ("the EEOC" or "the Commission") on June 8, 2005, against Nabstar, LLC d/b/a Sleep Ioo ("Nabstar") to enforce provisions of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.c. § 626 (b) (the "ADEA"). The EEOC filed this ADEA lawsuit on behalf ofIslyn Palmer, alleging that Nabstar discriminated against her on the basis of her age, 74, when it terminated her employment. Nabstar denies these allegations. B. This Consent Decree is entered into by and shall be final and binding between the EEOC and Defendant, Nabstar, LLC, its directors, officers, agents, employees, successors or assigns (hereinafter collectively referred to as "Defendant" or "Nabstar"). C. The EEOC and Nabstar agree to the entry of this Consent Decree, which shall fully and finally resolve all claims the EEOC raised in its Complaint in Civil Action No. 0500374. This Consent Decree shall not constitute either an adjUdication of or finding on the merits of the complaint and shall not be construed as an admission by Nabstar of any violation of the ADEA.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: NON-DISCRIMINATION AND NON-RETALIATION
1. This Court has jurisdiction over the parties and subject matter of this action. 2. Nabstar is enjoined from discliminating against any employee or potential employee on the basis of age in violation of The ADEA. 3. Nabstar is enjoined from engaging in any employment practices which retaliate in any manner against any person because of that person's opposition to any practice made an unlawful employment practice under the ADEA or because that person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under the ADEA. 4. Nabstar shall not divulge to any identifiable employer or potential employer of Islyn Palmer any of the facts or circumstances related to the claims of age discrimination against Nabstar in this case or any of the events relating to her participation in the litigation of this action . 5. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Nabstar under the ADEA or the EEOC's authority to process or litigate any charge of discrimination now pending or filed in the future against Nabstar.
MONETARY RELIEF 6. Defendant agrees to pay monetary relief in the total amount of $1 0,000.00 to Islyn A. Palmer, in full settlement of the claims against Defendant which were raised in the Commission's Complaint within 30 days from the filing of this Consent Decree. The check shall be mailed to IslynPalmer, 10 Farnsworth Road, Newark, DE 19713 by certified mail, return
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receipt requested. Defendant will mail a photocopy of the check to the EEOC, to the attention of Rachel M. Smith, Trial Attorney, EEOC, The Bourse, 21 South Fifth Street, Suite 400, Philadelphia, PA 19106-2515, within five days of the date of mailing of the check to Mrs. Palmer.
POSTING OF NOTICE 7. Within 45 days after entry of this Decree, Nabstar shall post at all its facility in Newark, Delaware, on all bulletin boards, used by Nabstar for communicating with employees, same-sized copies of the Notice attached as Exhibit 2 to this Decree. The Notice shall remain posted for two years from the date of entry of this Decree. Nabstar shall provide to the attention of Rachel M. Smith, Trial Attorney, EEOC, 21 South Fifth Street Suite 400, Philadelphia, PA 19106-2515, a list of the locations and dates of posting in each location within 40 days after entry of this Decree. If posted copies become defaced, removed, marred or otherwise illegible, Nabstar agrees to post a readable copy in the same manner as heretofore specified. NON-DISCRIMINATION POLICIES AND COMPLAINT PROCEDURES
8. Nabstar' policy or policies against age discrimination and complaint procedures shall be drafted in plain and simple language in both English and Spanish. Nabstar shall ensure that its policy or policies against age discrimination and related complaint procedures meet the following minimum criteria:
(a) (i) provide that the complaints of age discrimination, harassment and/or retaliation can be made either in writing or verbally; (ii) identify employees in the Human Resources Department or similarly designated individuals, to whom an employee can make a
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complaint; and (iii) provide assurances that complainants shall not be subjected to retaliation; (b) provide for prompt investigation of complaints of harassment and/or retaliation; (c) provide for prompt communication to the complaining party of the results of the investigation and any remedial actions taken or proposed; and (d) Nabstar will revise its existing age discrimination policies to advise employees of their right to file a charge with the EEOC and to provide the address and phone number of the EEOC. 9. Nabstar shall distribute its non-discrimination policy to all of its employees and newly-hired employees in Delaware. 10. Within 120 days after entry of this Consent Decree, Nabstar shall advise Rachel M. Smith, Trial Attorney, EEOC's Philadelphia District Office, that its policy or policies against age discrimination, harassment and retaliation have been distributed to all current employees at its facilities in Delaware and that new employees in Delaware will receive these policies and have an opportunity to acknowledge receipt. Nabstar will retain copies of any acknowledgment of receipt form for an employee in both the employee's personnel file and in a file in the corporate Human Resources Department or with similarly designated individuals. 11. Nabstar shall annually for the duration of the Consent Decree send a copy of its policy or policies against discrimination to each unit and have each employee acknowledge receipt of the policy. The policy or policies against age discrimination will be given to each newly-hired employee.
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SUPERVISOR ACCOUNTABILITY 12. Nabstar shall promote supervisor accountability by the following conduct:
(a) providing anti-discrimination training to all of its supervisory and managerial personnel at its Newark, Delaware location as set forth in Paragraph 13; (b) disciplining, up to and including discharge, any supervisor or manager who violates Nabstar' policy or policies against age discrimination, harassment and retaliation; and (d) requiring all managers and supervisors to report any incidents and/or complaints of harassment and/or retaliation of which they become aware to the Human Resources Department or to similarly designated individuals.
TRAINING 13. Nabstar shall provide training on the requirements of the ADEA as follows:
(a) Nabstar agrees to provide annual training sessions once annually in calendar years 2006 and 2007. This training will be for all managers and supervisors in Nabstar' s Newark, Delaware location which will emphasize what constitutes age discrimination, how to keep the company free from such discrimination, what constitutes unlawful retaliation and will summarize how to conduct a prompt and effective investigation into allegations, complaints or charges of discrimination. The training sessions will be conducted by a representative designated by the EEOC. (b) Nabstar shall first provide training in accordance with Paragraph 13(a) by no later than 120 calendar days after entry of this Consent Decree.

DISPUTE RESOLUTION 14. In the event either party to this Decree believes the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance within 20 days of the alleged non-compliance and afford the alleged non-complying party 20 business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within 20 business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS 15. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 16. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Nabstar in their capacities as representatives, agents, directors and officers of Nabstar and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any individual is found in contempt for a violation of this Decree. 17. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 05-00374. 18. This Consent Decree shall be filed in the United States District Court for the District of Delaware and shall continue in effect for two years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be
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made by motion to the Court on no less than 30 days' notice to the other party. Should any
material disputes under this Decree remain unresolved after this two-year period, the term of the
Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to
enforce the Consent Decree) until such time as all disputes have been resolved.
22. The Clerk of the District Court is hereby directed to send a file-stamped copy of
this Consent Decree to counsel of record.
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW
Washington DC 450~

Kevin . onnor, sq.

. Marshall Denne ey Warner Coleman & Goggin

1220 Market Stree

Wilmington, DE 19801

Attorney for the Defendant,

Nabstar, LLC d/b/a Sleep Inn

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Nabstar, LLC d/b/a Sleep Inn

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Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2642

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By the Court: "'-""-Hf---h~,---f--~--V---=---''''-----

HO

RY M. SLEET

UNITED STATES DISTRICT JUDGE

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EXHIBIT 2
NOTICE TO ALL NABSTAR, LLC EMPLOYEES
This Notice is posted pursuant to a Consent Decree entered by the federal court for the District of Delaware in EEOC v.Nabstar, LLC Civil Action Number 05-00374, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Nabstar, LLC. ("Nabstar")
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of hislher age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.
In its lawsuit, the EEOC alleged that Nabstar discriminated against an employee on the basis of age when it terminated her employment in violation of the Age Discrimination Act of 1967 ("ADEA"). Nabstar denied these allegations.
To resolve the case, Nabstar and the EEOC have entered into a Consent Decree which provided, among other things, that: (I) Nabstar shall not discriminate on the basis of age in the future; (2) Nabstar shall not retaliate against any person because he or she opposed any practice made unlawful by the ADEA, filed an ADEA charge of discrimination, participated in any ADEA proceeding, or asserted any rights under the Consent Decree; and (3) Nabstar will provide training regarding its policy prohibiting age discrimination, harassment and retaliation to managers and supervisors throughout the state of Delaware.
If you believe you have been discriminated against, you may contact the EEOC at (215) 4402600. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for three years from the date below and must not be altered, defaced or covered by other material. Any questions about this Notice or compliance with its terms m be directed to the egional Attorney, EEOC Philadelphia District Office, 21 South 5th Street,
hi adelphia, PA 191 6.

portunity
DATED: ~ (P/-! () b
J I

NABSTAR, LLC DATED: _____________________

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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

Civil Action No.
COMPLAINT
JURY TRIAL DEMAND

NABSTAR, LLC d/b/a SLEEP INN,

Defendant.

NATURE OF THE ACTION This is an action trader the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of age and to provide appropriate relief to Islyn I. Palmer who was adversely affected by such unlawful practices. As alleged with greater particularity in paragraph 7 below, the Commission alleges that Istyn Palmer, was discriminated against based on her age, 74, when she was terminated from her breakfast attendant position without notice, and was replaced by a 28 year-old employee. As a result of these discriminatory practices, Ms. Palmer suffered backpay losses.
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 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626 (b) (the "ADEA"), which incorporate by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§215 (a)(3), 216(c) and 217. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Delaware.

PARTIES

3.

Plaintiff, the Equal Employment Opportunity Commission (The "Commission"),

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

enforcement of the Age Discrimination in Employment Act, and is expressly authorized to bring

this action by Section 7(b) of the ADEA, 29 U.S.C. § 626 (b), as amended by Section 2 of

Reorganization Plan No. 1of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Star.

2705.

4. At all relevant times, Defendant, Nabstar, LLC d/b/a Sleep Inn, (the "Employer"),

has continuously been doing business in the State of Delaware and the City of Newark and has

continuously had at least 20 employees.

5. At all relevant times, Defendant Employer has continuously been an employer

engaged in an industry affecting commerce within the meaning of Section 1 l(c) of the ADEA,

29. U.S.C. § 630 (c).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Islyn Palmer filed a

charge with the Commission alleging violations of the Age Discrimination in Employment Act

of 1967. All conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since at least January of 2003, Defendant Employer has engaged in unlawful

employment practices at its Newark, Delaware facility, by unlawfully subjecting Islyn Palmer to

disparate treatment based upon her age in violation of Section 7(b) of the Age Discrimination in

Employment Act of 1967, as amended, 29 U.S.C. § 626 (b). These unlawful practices include,

but are not limited to, the following:

(a) Ms. Palmer began her employment with Sleep Inn in August of I997 as a

Breakfast Attendant in Defendant’s Housekeeping Deparmaent. She was responsible for cleaning

the breakfast and lobby areas, the public bathroom, and other common areas.

(b) On or about August 4, 2003, the hotel was sold to Defendant, Nabstar, who then

installed new management of the facility under General Manager, Joan Payne. Prior to the

August 4, 2003 transfer of ownership, an orientation meeting was scheduled to introduce the

staff to the new owners. Ms. Palmer was not notified of this meeting and therefore did not

¯attend.
(e)

The weekend following the purchase of the hoteI, Ms. Palmer arrived for her

scheduled breakfast shift only to find that Defendant had scheduled a 28 year old employee to

work Ms. Palmer’s shift. When Ms. Palmer inquired of Defendant’s management about why a

new employee was working her shift and performing her prior duties, she was informed that

because she was not listed as an employee, someone had filled her position. Defendant told her

¯ to fill out a job application, which Ms. Palmer completed. (d) The foIlowing weekend of August 16-17th, 2003, Ms. P~dmer again came into

work only to find the same younger employee working in the position again. She spoke with

management for a second time, and was told that both Ms. Palmer and the younger employee

would work the shift together.

(e) The same weekend, General Manager Payne met with Ms. Palmer about the

duties of her position. Ms. Palmer informed Payne that she was willing and able to do the duties

assigned to her position, and that she was also willing to work in other areas and departments.

(f) Despite Ms. Palmer’s six years of satisfactory work performance at the facility, after working for Defendant for only one weekend, on August 20, 2003, Payne terminated Ms. Palmer without explanation.
(g) In the six years that Ms. Palmer was employed at the facility, Ms. Palmer had never received any disciplinary actions, nor was she advised of any customer complaints about her work.
0a) Ms. Palmer was the oldest and most senior employee at 74 years of age at the facility when Defendant Nabstar assumed management. The next oldest employee was 39 years old. After Ms. Palmer’s termination, Defendant permanently replaced Ms. Palmer with a 28 year old female employee.
8. The effect of the practices complained of in paragraphs 7(a) through (h) above has been to deprive Islyn Palmer of equal employment opportunities and otherwise adversely affect her status as an employee because of her age.
10. The unlawful employment practices complained of in paragraphs 7(a) through (h) above were intentional.
11. The unlawful employment practices complained of in paragraphs 7(a) through (h) were done with malice or with reckless indifference to the federally protected rights of Islyn Palmer.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers,

successors, assigns, and all persons in active concert or participation with it, fi:om engaging in

discrimination, and retaliation and any other employment practice which discriminates on the

basis of age against individuals 40 years of age and older.

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

programs which provide equal employment opportunities for individuals 40 years of age and

older, and which eradicate the effects of its past and present unlawful employment practices.

C. Order Defendant Employer to make whole Islyn Palmer by providing appropriate

backpay with prejudgment interest, in amounts to be determined at trial, and other affLrmative

relief necessary to eradicate the effects of its unlawful employment practices, including but not

limited to, rightful-place reinst~ttement of Islyn Palmer, or frontpay, in lieu thereof, if

reinstatement is not feasible.

D. Pursuant to 29 U.S.C. § 216 (b), order Defendant Employer to pay Islyn Palmer

liquidated damages for its willful, malicious and reckless conduct described in paragraphs 7(a)

through (h) above, in amounts to be determined at trial.

Eo

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

interest.

F. 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 complaim.
Respectfully submitted, ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS

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Supervisory Trial Attome30 . .

~’CH~L M. Sl~I~fit
Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office 21 South 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2642; (215) 440-2828 (FAX)

Dated:

COLM F. CONNOLLY United States Attorney
RUDOLPH/CONTRERAS Chief, Civil Division Assistant United States Attorney 1007 Orange Street Suite 700 Post Office Box 2046 Wilmington, DeIaware 19899-2046 (302) 573-6277

 
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CLOSED, MEDIATION
U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:05-cv-00374-GMS

Equal Employment Opportunity Commission v. Nabstar LLC Assigned to: Honorable Gregory M. Sleet Cause: 42:2000 Job Discrimination (Age)

Date Filed: 06/08/2005 Date Terminated: 08/28/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Douglas Edward McCann U.S. Attorney's Office The Nemours Building 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 Fax: (302) 573-6220 Email: douglas.mccann@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith A. O'Boyle U.S. Equal Employment Opportunity Commission 21 South 5th Street Suite 400 Philadelphia, PA 19106 (215) 440-2669 Fax: (215) 440-2674 Email: judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rachel M. Smith U.S. Equal Employment Opportunity Commission 21 South 5th Street Suite 400 Philadelphia, PA 19106 (215) 440-2642 Fax: (215) 440-2848 Email: rachel.smith@eeoc.gov ATTORNEY TO BE NOTICED

Rudolph Contreras

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V.
Defendant
Nabstar LLC doing business as Sleep Inn

U.S. Attorney's Office The Nemours Building 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 ext. 154 Fax: (302) 573-6220 Email: rudolph.contreras@usdoj.gov TERMINATED: 04/26/2006 ATTORNEY TO BE NOTICED
represented by Kevin J. Connors Marshall, Dennehey, Warner, Coleman & Goggin 1220 N. Market St., Suite 500 P.O. Box 8888 Wilmington, DE 19899 (302) 552-4300 Email: kjconnors@mdwcg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/08/2005
06/08/2005 06/15/2005 07/11/2005 07/11/2005 07/20/2005 07/21/2005

#

Docket Text

1 COMPLAINT filed with Jury Demand against Nabstar LLC - Magistrate Consent Notice to Pltf. - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Acknowledgement of Consent Form)(mwm, ) (Entered: 06/08/2005)

Summons Issued as to Nabstar LLC on 6/8/2005. (mwm, ) (Entered: 06/08/2005)

Case assigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (rjb, ) (Entered: 06/15/2005)

2 Letter to Dr. Peter Dalleo from Sylvia E. Williams, Paralegal Specialist, regarding original summons and affidavit of service. (mmm) (Entered: 07/11/2005)

3 Return of Service Executed. Nabstar LLC served on 7/5/2005, answer due 7/25/2005. (mmm) (Entered: 07/11/2005)

4 MOTION and Order for Admission Pro Hac Vice (O'Boyle & Smith) filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/20/2005)

SO ORDERED, re 4 MOTION and Order for Admission Pro Hac Vice

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07/22/2005 07/25/2005 07/25/2005
07/29/2005 08/03/2005 08/22/2005 08/22/2005 08/22/2005 10/26/2005 10/26/2005
11/01/2005

(O'Boyle & Smith) filed by Equal Employment Opportunity Commission . Signed by Judge Gregory M. Sleet on 7/21/05. (asw ) (Entered: 07/21/2005)
5 STIPULATION TO EXTEND TIME to answer complaint or otherwise move in response to Complaint to August 15, 2005 - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/22/2005)
6 NOTICE of Appearance by Kevin J. Connors on behalf of Nabstar LLC (Connors, Kevin) (Entered: 07/25/2005)
SO ORDERED, re 5 STIPULATION TO EXTEND TIME to answer complaint or otherwise move in response to Complaint to August 15, 2005 filed by Equal Employment Opportunity Commission. Reset Answer Deadline: Nabstar LLC answer due 8/15/2005. Signed by Judge Gregory M. Sleet on 7/25/05. (asw ) (Entered: 07/25/2005)
7 MOTION to Allow EEOC Attorneys to Appear Without Local Counsel (O'Boyle, Smith) - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/29/2005)
8 ORDER granting 7 Motion to Allow EEOC Attorneys to Appear Without Local Counsel . Signed by Judge Gregory M. Sleet on 8/3/05. (asw ) (Entered: 08/03/2005)
9 STIPULATION TO EXTEND TIME to Plead to August 22, 2005 - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 08/22/2005)
10 ANSWER to Complaint with Jury Demand by Nabstar LLC. (Attachments: # 1 Certificate of Service)(Connors, Kevin) (Entered: 08/22/2005)
SO ORDERED, re 9 STIPULATION TO EXTEND TIME to Plead to August 22, 2005 filed by Equal Employment Opportunity Commission . Signed by Judge Gregory M. Sleet on 8/22/05. (asw ) (Entered: 08/22/2005)
Remark: Attorney Judith A. O'Boyle for Equal Employment Opportunity Commission, Rachel M. Smith for Equal Employment Opportunity Commission added per 8/3/05 order of the Court. (rbe, ) (Entered: 10/26/2005)
11 NOTICE of SCHEDULING CONFERERNCE: A Scheduling Conference (see attachment) has been set for Monday, 11/7/05, at 10:00 AM in Chambers before Honorable Gregory M. Sleet. Counsel with primary responsiblity for this case shall appear and be prepared to address any pending motions. If out-of-town counsel are unable to appear in person, they may seek permission to participate by telephone by contacting chambers at (302) 573-6470.(ctd) (Entered: 10/26/2005)
12 RE-NOTICE of SCHEDULING CONFERENCE: The Scheduling Conference (see attachment) currently set for Monday, November 7,

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11/16/2005 11/21/2005 11/22/2005 11/23/2005
12/01/2005 12/01/2005
12/02/2005 12/02/2005 12/02/2005 12/02/2005 12/21/2005

2005, at 10:00 a.m. HAS BEEN RESCHEDULED to Wednesday, November 23, 2005, at 9:15 a.m. in Chambers before Honorable Gregory M. Sleet.(ctd) (Entered: 11/01/2005)
13 NOTICE OF SERVICE of Initial Disclosures by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 11/16/2005)
14 Joint STATUS REPORT by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 11/21/2005)
15 NOTICE of Service of Interrogatories Set I & II & Request for Production by Nabstar LLC (Connors, Kevin) (Entered: 11/22/2005)
Minute Entry for proceeding held before Judge Gregory M. Sleet : Scheduling Conference held on 11/23/2005. Initial Disclosures 11/30/05. Amend/Joinder of Pleadings - 12/15/05. (All) Discovery Cutoff due by 3/15/06; Expert Discovery to be completed by 6/30/06. Case Dispositive Motions/Summary Judgment Motions - 3/31/06. Pretrial Order due 9/5/06; Pretrial Conference on 9/25/06 at 10:00 AM; 4-day Jury Trial on 10/16/06 at 9:00 AM. Refer this case to the Magistrate for ADR. Plaintiff's counsel shall prepare and submit a proposed scheduling order to the Court by 12/1/05. (Court Reporter Kevin Maurer.) (asw ) (Entered: 11/23/2005)
16 PROPOSED ORDER Scheduling Order by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 12/01/2005)
SO ORDERED, re 16 Proposed Order filed by Equal Employment Opportunity Commission. ORDER, Setting Scheduling Order Deadlines: Case referred to the Magistrate Judge for the purpose of exploring ADR. Pretrial Conference set for 9/25/2006 at 10:00 AM in Chambers before Honorable Gregory M. Sleet. Initial Disclosures - 11/30/05. Amended Pleadings due by 12/15/2005. Discovery due by 3/15/2006; Expert discovery to be completed by 6/30/06. Joinder of Parties due by 12/15/2005. Dispositive Motions due by 3/31/2006. Proposed Pretrial Order due by 9/5/2006. 4-day Jury Trial set for 10/16/2006 at 09:00 AM in Courtroom 6C before Honorable Gregory M. Sleet.. Signed by Judge Gregory M. Sleet on 12/1/05. (asw, ) (Entered: 12/01/2005)
17 NOTICE OF SERVICE of First Set of Interrogatories and First Request for Production of Documents by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 12/02/2005)
CASE REFERRED to Mediation. (cab, ) (Entered: 12/02/2005)
18 STENO NOTES of Scheduling Conference held on 11/23/05 before Judge Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (asw ) (Entered: 12/02/2005)
19 Order Setting Teleconference: Telephone Conference set for 1/18/2006 09:30 AM before Honorable Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 12/2/2005. (cab, ) (Entered: 12/02/2005)
20 NOTICE OF SERVICE of Answers to Interrogatories addressed to

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01/18/2006
02/10/2006 02/14/2006 02/14/2006 02/17/2006 03/02/2006 03/08/2006 03/10/2006 03/10/2006
03/14/2006 03/14/2006 03/14/2006

Plaintiff: Set I and Set II; Responses to Document Requests addressed to Plaintiff by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 12/21/2005)
21 ORDER Setting Mediation Conferences: Mediation Conference tentatively set for 5/3/2006 10:00 AM in Courtroom 6C before Honorable Mary Pat Thynge. Counsel are to notify the Court should the matter settle prior to the scheduled mediation. Signed by Judge Mary Pat Thynge on 1/18/2006. (cab, ) (Entered: 01/18/2006)
22 NOTICE OF SERVICE of Notice of Deposition by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 02/10/2006)
23 CERTIFICATE OF SERVICE of CERTIFICATE OF SERVICE DEFENDANT'S ANSWERS TO INTERROGATORIES/RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS by Nabstar LLC (Connors, Kevin) (Entered: 02/14/2006)
24 CERTIFICATE OF SERVICE of ELECTRONIC SIGNATURE CERT OF SERVICE DEFENDANT'S ANSWERS TO INTERR/RESPONSE TO REQ FOR PRODUCTION OF DOCUMENST by Nabstar LLC re 23 Certificate of Service (Connors, Kevin) (Entered: 02/14/2006)
25 NOTICE OF SERVICE of Second Request for Production of Documents by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 02/17/2006)
26 NOTICE OF SERVICE of Deposition Notice for Joan Payne and Jay Patel by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 03/02/2006)
27 NOTICE of by Nabstar LLC Deposition (Attachments: # 1 Certificate of Service)(Connors, Kevin) (Entered: 03/08/2006)
28 STIPULATION TO EXTEND TIME to extend discovery cut-off to April 14, 2006 - filed by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 03/10/2006)
29 STIPULATION TO EXTEND TIME to extend discovery cut-off to April 14, 2006 - filed by Equal Employment Opportunity Commission. (Smith, Rachel) Modified on 3/14/2006 (asw, ). PLEASE DISREGARD THIS DOCKET ENTRY -- IT IS A DUPLICATE OF D.I. 28. (Entered: 03/10/2006)
CORRECTING ENTRY: PLEASE DISREGARD D.I. 29, STIPULATION TO EXTEND TIME; IT IS A DUPLICATE OF D.I. 28. (asw ) (Entered: 03/14/2006)
30 Letter to Judge Sleet from Rachel M. Smith, EEOC Trial Attorney regarding Stipulation to Request Extension of Discovery Deadline - re 28 STIPULATION TO EXTEND TIME to extend discovery cut-off to April 14, 2006. (Smith, Rachel) (Entered: 03/14/2006)
31 STIPULATION TO EXTEND TIME Dispositive Motion Deadline to

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03/15/2006
03/16/2006 03/17/2006 03/20/2006 04/05/2006 04/11/2006 04/11/2006 04/11/2006 04/21/2006 04/21/2006 04/21/2006

April 14, 2006 - filed by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 03/14/2006)
SO ORDERED, re 28 STIPULATION TO EXTEND TIME to extend discovery cut-off to April 14, 2006 filed by Equal Employment Opportunity Commission,, 31 STIPULATION TO EXTEND TIME Dispositive Motion Deadline to April 14, 2006 filed by Equal Employment Opportunity Commission. ORDER, Resetting Deadlines: Discovery due by 4/14/2006. Dispositive Motions due by 4/14/2006. Signed by Judge Gregory M. Sleet on 3/15/06. (asw ) (Entered: 03/15/2006)
32 NOTICE to Take Deposition of Islyn A. Palmer on 3/17/06 by Nabstar LLC. (Attachments: # 1 Certificate of Service)(Connors, Kevin) (Entered: 03/16/2006)
33 NOTICE OF SERVICE of Subpoena for the Depositions of Alice Yang and Steven Chen by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 03/17/2006)
34 NOTICE OF SERVICE of Certificate of Service - Response to 2nd. Request for Production by Nabstar LLC.(Connors, Kevin) (Entered: 03/20/2006)
35 NOTICE OF SERVICE of Subpoena of Steven Chen for Deposition on 4/6/06 by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 04/05/2006)
36 NOTICE OF SERVICE of Subpoena for Deposition of Lynn Hopkins for April 11, 2006 by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 04/11/2006)
37 Letter STIPULATION TO EXTEND TIME dispositive motion deadline to 4/21/06 - filed by Nabstar LLC. (Attachments: # 1 Exhibit Executed Stipulation to Extend Time)(Connors, Kevin) (Entered: 04/11/2006)
SO ORDERED, re 37 Letter STIPULATION TO EXTEND TIME dispositive motion deadline to 4/21/06 filed by Nabstar LLC. ORDER, Resetting Deadline: Dispositive Motions due by 4/21/2006. Signed by Judge Gregory M. Sleet on 4/11/06. (asw ) (Entered: 04/12/2006)
38 NOTICE OF SERVICE of Certificate of Service - Defendant Answers to Interrogatories and Reqest for Production by Nabstar LLC.(Connors, Kevin) (Entered: 04/21/2006)
39 MOTION for Summary Judgment Motion of Defendant, Nabstar, LLC d/b/a Sleep Inn, for Summary Judgment - filed by Nabstar LLC. (Attachments: # 1)(Connors, Kevin) (Entered: 04/21/2006)
40 OPENING BRIEF in Support re 39 MOTION for Summary Judgment Motion of Defendant, Nabstar, LLC d/b/a Sleep Inn, for Summary Judgment Memorandum of Points and Authorities in Support of the Motion of Defendant, Nabstar, LLC d/b/a Sleep Inn, for Summary Judgment filed by Nabstar LLC.Answering Brief/Response due date per

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04/24/2006
04/24/2006 04/26/2006 05/01/2006
07/21/2006 07/28/2006 08/28/2006 08/28/2006

Local Rules is 5/5/2006. (Attachments: # 1)(Connors, Kevin) (Entered: 04/21/2006)
41 EXHIBIT re 40 Opening Brief in Support,, 39 MOTION for Summary Judgment Motion of Defendant, Nabstar, LLC d/b/a Sleep Inn, for Summary Judgment by Nabstar LLC. (Attachments: # 1 Exhibit Exhibits A & B# 2 Exhibit Exhibit C, Part 1# 3 Exhibit Exhibit C, Part 2# 4 Exhibit Exhibit C, Part 3# 5 Exhibit Exhibit C, Part 4# 6 Exhibit Exhibit D, Part 1# 7 Exhibit Exhibit D, Part 2# 8 Exhibit Exhibit D, Part 3# 9 Exhibit Exhibit D, Part 4# 10 Exhibit Exhibits E through K)(Connors, Kevin) (Entered: 04/24/2006)
42 MOTION for Extension of Time to File Response/Reply and Motion to Compel Production of Documents - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Attachment "A")(Smith, Rachel) (Entered: 04/24/2006)
43 NOTICE OF SUBSTITUTION OF COUNSEL re Equal Employment Opportunity Commission: Entry of appearance of attorney Douglas Edward McCann. Attorney Rudolph Contreras terminated. (McCann, Douglas) (Entered: 04/26/2006)
44 Letter to The Honorable Gregory M. Sleet from Kevin J. Connors regarding Plaintiff's Motion for Extension of Deadline to Respond to Defendant's Motion for Summary Judgment and Motion to Compel the Production of Documents (D.I. #42). (Connors, Kevin) (Entered: 05/01/2006)
45 Letter to Counsel from Marie McDavid, Case Manager, regarding request for status report. (mmm) (Entered: 07/21/2006)
46 STATUS REPORT by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 07/28/2006)
47 Letter to Honorable Gregory M. Sleet from Rachel M. Smith, Trial Attorney, regarding Consent Decree. (mmm) (Entered: 08/28/2006)
48 CONSENT DECREE. Signed by Judge Gregory M. Sleet on 8/28/06. (mmm) (Entered: 08/28/2006)

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