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UNITED STATES DISTRICT COU~! c pu 2: 4G MIDDLE DISTRICT OF LOUIS:r£NAR 2. 1:) II
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EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION,

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Plaintiff,

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v.

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HOLIDAY INN SOUTH, MMI,

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CIVIL ACTION NO.
q~- 0?'13 -A- JV} I
COMPLAINT

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Defendant.

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JURY TRIAL DEMAND

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NATURE OF THE ACTION

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

Rights Act of 1991 to correct unlawful employment practices on the basis of race and to provide

appropriate relief to Yvette Lafayette who was adversely affected by such practices. The

Commission alleges that Yvette Lafayette, a black woman, was racially discriminated against by

Defendant. As a result ofthis racial discrimination, Yvette Lafayette was denied a promotion to a

sales manager position with Defendant.

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 §706(f)(1) and (3) of Title

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

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

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

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"1111 m"~II ~ 3:98-cv-00273 1 - 1

11111

DATE: 03/26/98

DEPUTY CLERK: deep

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jurisdiction of the United States District Court for the Middle District of Louisiana. PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency ofthe United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by §706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3).
4. At all relevant times, Defendant, Holiday Inn South, MMI (the "Employer"), has
continuously been doing business in the State of Louisiana and the City of Baton Rouge, and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of §§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 ofthis lawsuit, Yvette Lafayette filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been met. 7. Since at least on or about March 3, 1995, Defendant Employer has engaged in unlawful employment practices at its Baton Rouge, Louisiana facility in violation of §703 of Title VII, 42 U.S.c. §2000e-2(a)(1) and (2). Such unlawful employment practices were committed against Yvette Lafayette. The unlawful practices consisted of Defendant's General Manager Craig Michelet refusing to promote Yvette Lafayette to the position of sales manager because she is black, but instead hiring at least two white females who were less qualified, and
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by doing so, engaged in discrimination based on race. 8. The effect of the practices complained of in paragraph 7 above has been to
deprive Yvette Lafayette of equal employment opportunities and otherwise adversely affect her status as an employee because of her race.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Yvette Lafayette.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its successors, officers, assigns, and all persons in active concert or participation with it, from engaging in race discrimination and any other employment practices which discriminates on the basis ofrace. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for blacks, and which eradicate the effects of its past unlawful employment practices. C. Order Defendant Employer to make whole Yvette Lafayette by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to frontpay and/or reinstatement, as appropriate. D. Order Defendant Employer to post and keep posted notices in accordance with the
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provisions of §711(a) of Title VII, 42 U.S.C. §2000e-l0(a). E. Order Defendant Employer to make whole Yvette Lafayette by providing
compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above.
F. Order Defendant Employer to make whole Yvette Lafayette 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 oflife, and humiliation, in amounts to be determined at trial.
G. Order Defendant Employer to pay Yvette Lafayette punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public interest.
1. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
C. GREGORY STEWART General Counsel No Bar Roll Number Assigned
~~ I7. ..J7,.: ~'../A.A... Regional Attorney No Bar Roll Number Assigned
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~~idv
Supervisory Trial Attorney M.D. Bar Roll No. 1286
TINA BURNSIDE Trial Attorney No Bar Roll Number Assigned
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, La. 70113 Telephone: (504) 589-6817
(504) 589-2701 Facsimile: (504) 589-6033

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 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT OPPORTUNITY *
COMMISSION
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VERSUS
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MM LOUISIANA, INC. d/b/a

HOLIDAY INN SOUTH, MMI

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DIVISION A SECTIONMI JUDGE PARKER MAGISTRATE RIEDLINGER

STIPULATION OF DISMISSAL

NOW INTO COURT, through undersigned counsel, come plaintiff, the Equal Employment Opportunity Commission, and defendant, MM Louisiana, Inc., and upon stating that the parties to the above-referenced action have reached an agreement to settle this matter, hereby request that this action be dismissed with prejudice, with each party to bear its own costs and attorney's fees.

PDl·98:69065.1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
MI~b~6)
TINA BURNSIDE (No Bar No. Assigned) New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, LA 70113 Telephone: (504) 589-6817 or 589-2701 Facsimile: (504) 589-6003
ATTORNEYS FOR PLAINTIFF, THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

1111111111111 I II I 3:98-cv-00273 19 - 1

DATE: 11/06/98

DEPUTY CLERK: KC

· P PPER CR HER, JR. (#01318) T A A. MARTINEZ (#23853) Thirtieth Floor - Texaco Center 400 Poydras Street New Orleans, LA 70130-3245 Telephone: (504) 566-1311 Facsimile: (504) 568-9130 or 9007
ATTORNEYS FOR DEFENDANT, MM LOUISIANA, INC.

PDl-98:69065.1

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CLOSED, CONSENT, FRC
U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:98-cv-00273-SCR

EEOC v. Holiday Inn South Assigned to: Mag. Judge Stephen C. Riedlinger Demand: $0 Cause: 42:2000 Job Discrimination (Race)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 03/26/1998 Date Terminated: 11/09/1998 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Michelle Theresa Butler U.S. Equal Employment Opportunity Commission 1555 Poydras Street Suite 1900 New Orleans, LA 70112 504-595-2872 Fax: 504-589-6861 Email: michelle.butler@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Holiday Inn South, MMI
Counter Claimant Holiday Inn South, MMI

represented by Tricia A. Martinez 807 Jena Street New Orleans, LA 70115 504-899-7700 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Tricia A. Martinez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Counter Defendant Equal Employment Opportunity Commission

represented by Michelle Theresa Butler (See above for address) LEAD ATTORNEY

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ATTORNEY TO BE NOTICED

Date Filed 03/26/1998 03/31/1998
04/01/1998 06/05/1998 06/19/1998 06/19/1998 06/22/1998 06/22/1998
06/25/1998 06/26/1998
07/01/1998 07/07/1998 07/20/1998 07/21/1998
07/21/1998 07/22/1998 07/24/1998

#

Docket Text

1 COMPLAINT Filing Fee $ 150.00 (elp) (Entered: 03/27/1998)
2 ORDER, set Scheduling Conference for 10:30 6/25/98 , set Status Report deadline to 6/23/98 ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (kdc) (Entered: 03/31/1998)
SUMMONS(ES) issued for Holiday Inn South . Service deadline set for 4/15/98 (kdc) (Entered: 04/01/1998)
SUMMONS(ES) issued for Craig Michelet, General Manager, Holiday Inn South . Service deadline set for 6/19/98 (bw) (Entered: 06/05/1998)
3 MOTION with Memorandum in Support by EEOC for the court to order service of summons (kdc) (Entered: 06/22/1998)
Motion(s) referred to Mag. Judge Stephen C. Riedlinger : [3-1] motion for the court to order service of summons (kdc) (Entered: 06/22/1998)
4 STATUS REPORT by EEOC (kdc) (Entered: 06/22/1998)
5 ORDER granting [3-1] motion for the court to order service of summons by EEOC on Holdiay Inn South, MMI ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (kdc) (Entered: 06/22/1998)
Scheduling conference held (kdc) (Entered: 06/26/1998)
6 ORDER...06/25/98--Scheduling conference held... set Supplemental Status Report deadline to 7/22/98 , set Status Conference for 11:00 7/24/98 ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (kdc) (Entered: 06/26/1998)
7 SUMMONS Returned Executed as to Holiday Inn South 6/29/98 Answer due on 7/20/98 for Holiday Inn South (kdc) (Entered: 07/02/1998)
8 MOTION with Memorandum in Support by EEOC for court to order ddft to pay costs of service (kdc) (Entered: 07/07/1998)
9 ANSWER to Complaint and COUNTERCLAIM by Holiday Inn South against EEOC (kdc) (Entered: 07/20/1998)
10 NOTICE of Hearing: Motion Hearing set for 9:00 8/21/98 for [8-1] motion for court to order ddft to pay costs of service , issued notices. (kdc) (Entered: 07/21/1998)
11 MEMORANDUM by EEOC in support of [8-1] motion for court to order ddft to pay costs of service by EEOC (kdc) (Entered: 07/21/1998)
12 SUPPLEMENTAL STATUS REPORT by Holiday Inn South (kdc) (Entered: 07/23/1998)
Status Conference held (kdc) (Entered: 07/27/1998)

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07/27/1998
07/27/1998 07/28/1998 07/28/1998 08/10/1998 08/10/1998 08/12/1998 08/25/1998 09/08/1998
11/06/1998 11/09/1998 11/09/1998
11/09/1998 09/01/1999

13 ORDER...07/24/98--Status conf held...Entry of a Scheduling ordered is DEFERRED... set Settlement Conference for 11:00 8/25/98 ...So as to avoid any party incurring unnecessary expenses, the time within which the dft must respond to the plft's pending motion for costs(doc #8) is suspended, and hearing on the motion is continued subject to reassignement if a settlement is not reached. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (kdc) (Entered: 07/27/1998)
14 CONSENT to trial by Magistrate by EEOC, Holiday Inn South (kdc) (Entered: 07/27/1998)
15 ORDER of Reference...Ordered that this matter is referred to the USMJ for the conduct of all further proceedings and the entry of judgment. ( signed by Chief Judge John V. Parker ), issued notices. (kdc) (Entered: 07/28/1998)
CASE reassigned to Mag. Judge Stephen C. Riedlinger (kdc) (Entered: 07/28/1998)
16 ANSWER by Holiday Inn South to amended complaint & Counterclaim (kdc) (Entered: 08/11/1998)
16 ANSWER by Holiday Inn South to [9-2] Amended Complaint & counter claim by Holiday Inn South (kdc) (Entered: 08/11/1998)
17 NOTICE by Holiday Inn South to take deposition of Yvette Lafayette (elp) (Entered: 08/12/1998)
Settlement Conference held (kdc) (Entered: 09/08/1998)
18 SETTLEMENT CONF REPORT...08/25/98--Settlement conf held...Parties agreed upon terms for a settlement...Cnsl for dft will prepare and circulate a draft of the settlement agreement for review & approval by cnsl for the plft ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (kdc) (Entered: 09/08/1998)
19 STIPULATION by EEOC, Holiday Inn South RE: Dismissal (kdc) (Entered: 11/09/1998)
20 LETTER dated 10/29/98 TO: SCR FROM: Tricia Martinez RE: Status of Settlement (kdc) (Entered: 11/09/1998)
21 ORDER granting [19-1] stipulation of DISMISSAL, with PREJUDICE, with each party to bear its own costs & atty's fees by Holiday Inn South, EEOC ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (kdc) (Entered: 11/09/1998)
Case closed (kdc) (Entered: 11/09/1998)
**Set FRC Flag ..Record located at Federal Records Center in Fort Worth, TX (jah) (Entered: 09/01/1999)

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