Case 3:06-cv-05356-SI Document 1 Filed 08/31/2006 Page 1 of 5

WILLIAM R. TAMAYO (CA Bar No. 084965)

, .;' ";;1'. .

JONATHAN T. PECK, Supervisory Trial Attorney (VA Bar No. 12,3,9J)'_

CINDY O'HARA (CA Bar No. 114555)

.

2 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

San Francisco District Office

3 350 The Embarcadero, Suite 500

San Francisco, CA 94105

4 Telephone No. (415) 625-5653

Facsimile No. (415) 625-5657

5

Attorneys for Plaintiff Equal Employment Opportunity Commission
6

7

E-Filing

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

Sf

10
EQUAL EMPLOYMENT

Cl ~ 53561

II OPPORTUNITY COMMISSION,

) COMPLAINT

12

Plaintiff,

) ) Civil Rights-Employment Discrimination

13

vs.

)
) DEMAND FOR WRY TRIAL

14 ALBION RIVER INN, INC.,

15

Defendant.

l

16

~

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

17

NATURE OF THE ACTION

18

This action is brought pursuant to Title VII of the Civil Rights Act of 1964 and Title I of

19 the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of 20 race/national origin and retaliation, and to provide appropriate relief to AbdellatifHadji, who

21 was adversely affected by such practices. Defendant Albion River Inn, Inc. subjected Mr. Hadji, 22 a manager at Respondent's restaurant, to unlawful discriminatory treatment based on retaliation,

23 in that it terminated his employment after he opposed race/national origin based comments

24 which were made to an employee under his supervision, as well as to Mr. Hadji himself. In

25 addition, Respondent subjected Mr. Hadji to unlawful discriminatory treatment by basing the 26 decision to terminate his employment on his race/national origin (Arab). 27 // 28 //

COMPLAINT

Page 1

Case 3:06-cv-05356-SI Document 1 Filed 08/31/2006 Page 2 of 5

JURISDICTION AND VENUE

2

1) Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

3 1343 and 1345. This action is authorized and instituted pursuant to §706(f)(l) and (3) of Title

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

5 and §1020ftheCivilRightsActofI991,42 U.S.c. §198Ia.

6

2) The unlawful employment practices alleged herein were and are now being

7 committed within the jurisdiction of the United States District Court for the Northern District of

8 California.

9

INTRADISTRICT ASSIGNMENT

10

3) This action is appropriate for assignment to San FranciscolOakland because the

11 unlawful employment practices alleged were and are being committed in Mendocino County, the

12 employment records relevant to the unlawful practices were and are located in Mendocino

13 County, and Defendant's principal place of business is in Mendocino County.

14

PARTIES

15

4) Plaintiff, the Equal Employment Opportunity Commission ("Commission") is the

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

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

18 of Title VII, §§2000-e(f)(1) and (3).

19

5) Defendant Albion River Inn, Inc. ("Defendant") is a California corporation, doing

20 business in the State of California, in the County of Mendocino, and has continuously had at

21 least 15 employees.

22

6) At all relevant times, Defendant Albion River Inn, Inc. has continuously been an

23 employer engaged in an industry affecting commerce, within the meaning of Section 701 (b), (g)

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

25 II

26 II

27 II

28 II

COMPLAINT

Page

Case 3:06-cv-05356-SI Document 1 Filed 08/31/2006 Page 3 of 5

STATEMENT OF CLAIMS

2

FIRST CLAIM FOR RELIEF

3

Violation of Title VII of Civil Rights Act Based on Retaliation

4

7) More than thirty days prior to the institution of this lawsuit, AbdellatifHadji

5 ("Charging Party") filed a charge of discrimination with Plaintiff Commission alleging violation

6 of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been

7 fulfilled.

8

8) Since at least November 17,2004, Defendant engaged in an unlawful

9 employment practice in violation of §704(a) of Title VII, 42 U.S.C. §2000-e-3(a) by terminating

lO the Charging Party's employment in retaliation for his opposition to harassment based on 11 race/national origin, or what Charging Party reasonably believed to be harassment based on

12 race/national origin, of an employee under Charging Party's supervision. In addition or in the 13 alternative, Defendant engaged in an unlawful employment practice in violation of §704(a) of

14 Title VII, 42 U.S.C. §2000-e-3(a) by terminating the Charging Party's employment in retaliation

15 for his opposition to harassment based on race/national origin, or what Charging Party

16 reasonably believed to be harassment based on race/national origin, of Charging Party himself.

17

9) The effect of the action complained of in paragraph 13 above has been to deprive

18 the Charging Party of equal employment opportunities and otherwise adversely affect his status

19 as an employee because of his protected activity.

20

10) The unlawful employment practice complained of in paragraph 8 above was

21 intentional.

22

11) The unlawful employment practice complained of in paragraph 8 above was done

23 with malice or with reckless indifference to the federally protected rights of the Charging Party.

24

SECOND CLAIM FOR RELIEF

25

Violation of Title VII of Civil Rights Act Based on

26

National OriginlRace Discrimination

27

12) Plaintiff Commission hereby incorporates the allegations of paragraphs 1 through

28 8 above as though fully set forth herein.

COMPLAINT

Page

Case 3:06-cv-05356-SI Document 1 Filed 08/31/2006 Page 4 of 5

13) In addition to the above-referenced disparate treatment, Defendant engaged in the

2 unlawful practice of race/national origin discrimination in violation of §703(a) of Title VII, 42

3 U.S.C. §2000e-2(a)(1) by discriminating against the Charging Party by terminating his

4 employment on the basis of his race/national origin.

5

14) The effect ofthe actions complained of in paragraph 8 above has been to deprive

6 the Charging Party of equal employment opportunities and otherwise adversely affect his status

7 as an employee because of his race/national origin.

8

15) The unlawful employment practice complained of in paragraph 13 above was

9 intentional.

10

16) The unlawful employment practice complained of in paragraph 13 above was

11 done with malice or with reckless indifference to the federally protected rights of the Charging

12 Party.

13

PRAYER FOR RELIEF

14

Wherefore, the Commission respectfully requests that this Court:

15

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

16 assigns, and all persons acting in concert or participation with them, from engaging in

17 race/national origin discrimination and/or retaliation discrimination against their employees.

18

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

19 prohibit disparate treatment and retaliation, and which eradicate the effects of its unlawful

20 employment practices.

21

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

22 back pay and benefits with prejUdgment interest, and other affirmative relief necessary to

23 eradicate the effects of their unlawful employment practices, including but not limited to

24 reinstatement and/or front pay and other appropriate reliefto be determined at trial.

25

E. Order Defendant to make the Charging Party whole by providing compensation

26 for past and future pecuniary losses resulting from the unlawful employment practices

27 complained of above, including but not limited to such out-of-pocket expenses as medical care

28 necessitated by Defendant's unlawful conduct, in amounts to be determined at trial.

COMPLAINT

Page

Case 3:06-cv-05356-SI Document 1 Filed 08/31/2006 Page 5 of 5

E. Order Defendant to make the Charging Party whole by providing compensation

2 for past and future nonpecuniary losses resulting from the unlawful practices complained of

3 above including, but not limited to emotional pain and suffering, inconvenience, loss of

4 enjoyment of life and humiliation, in amounts to be determined at trial.

5

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

6 and reckless conduct described above, in amounts to be determined at trial.

7

G. Grant such further relief as the Court may deem just and proper in the public

8 interest.

9

H. Award the Commission its costs of this action.

10

DEMAND FOR JURy TRIAL

Pursuant to the provisions of Federal Rule of Civil Procedure 38(b), Plaintiff hereby
11

12 demands a jury trial.

13

Ronald S. Cooper

General Counsel

14

James L. Lee

Deputy General Counsel

15

Gwendolyn Young Reams

Associate General Counsel

16

Equal Employment Opportunity

17

Commission

1801 L Street, N.W.

18

Washington, DC 20507

2006 ---"--"--'---\--=:.=-::_ _ _ _, ---'~"'9-'::>!I<.L.!-...:::"'----, 2006

:..-.L.-fF.:.4L-----, 2006

Seni Trial Attorney
Eq al Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105 (415) 625-5653

COMPLAINT

Page

 
 Case 3:06-cv-05356-SI Document 14 Filed 02/09/2007 Page 1 of 8

1 CHAPMAN, POPIK & WHITE LLP

David Nied (SBN 136413)

2 Raquel Lacayo-Valle (SBN 215612)

650 California Street, 19th Floor

3 San Francisco, CA 94108

Telephone: (415) 352-3000

4 Facsimile: (415) 352-3030

E-mail:dnied(cV.chapop.com

5

rlv@chapop.com

6 LAWYERS' COMMITTEE FOR CIVJL RIGHTS Robert Rubin (SBN 85084)
7 131 Steuart Street, Suite 400 San Francisco, CA 94105
8 Telephone: (415) 543-9444 Facsimile: (415) 543-0296
9 E-mail: rrubin@lccLcom

10 Attorneys for Intervener AbdellatifHadji

11 UNITED STATES DISTRICT COURT
12 NORTHERN DISTRICT OF CALIFORNIA
13

14

EQUAL EMPLOYMENT

) No. C 06-05356 SI

15 OPPORTUNITY COMMISSION,

)

) COMPLAINT IN INTERVENTION

16

Plaintiff,

)

) Trial Date: February 4,2008

17 v.

) Time:

8:30 A.M.

) Courtroom: 10

18 ALBION RIVER INN, INC.,

) The Honorable Susan lilston

)

19

Defendant.

)

20 --------~~-------------)

21

Intervener AbdellatifHadji complains and alleges as follows:

22

JURISDICTION AND VENUE

23

1. This Court has jurisdiction to hear this action pursuant to 28 U.S.C. section 1331

24 because this action arises under numerous laws of the United States including Title VII of the

25 Federal Civil Rights Act of 1964,42 U.S.C. sections 2000(e) et seq. Intervener AbdellatifHadji

26 ("Hadji") has the right to intervene in this action pursuant to 42 U.S.c. § 2000e-5(f)(1).

27

2.

The claims involved in this action arose in the Northern District of California, in

28 that the events described herein occurred in this judicial district. Intervener is informed and

COMPLAINT IN INTERVENTION

Case No. C 06-05356 SI

Case 3:06-cv-05356-SI Document 14 Filed 02/09/2007 Page 2 of 8

1 believes and thereupon alleges that Defendant Albion River fun, Inc. ("Albion") has its principal

2 place of business in the Northern Division ofthe Northern District of California. Venue is

3 accordingly proper in this Court pursuant to 28 U.S.C. section 1391.

4

INTRADISTRICT ASSIGNMENT

5

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

6 unlawful employment practices alleged were committed in Mendocino County, the employment

7 records relevant to the unlawful practices were and are located in Mendocino County, and

8 Defendant's principal place of business is in Mendocino County.

9

PARTmS

10

4. Intervener Hadji is a natural person and resides within this judicial district.

11

5. Intervener Hadji is informed and believes and thereon alleges that Defendant

12 Albion is and at all times material herein was, a California corporation doing business in the

13 State of California, in the County of Mendocino, and has continuously had at least 15 employees.

14

6. Plaintiff Equal Employment Opportunity Commission ("EEOC") is the agency of

15 the United States of America charged with the administration, interpretation and enforcement of

16 Title VlI.

17

7. At all relevant times, Defendant Albion has continuously been an employer

18 engaged in an industry affecting commerce, within the meaning of Section 70 1(b), (g) and (h) of

19 Title VlI, 42 U.S.C. sections 2000-e(b), (g) and (h).

20

FACTUAL ALLEGATIONS

21

8. Intervener Hadji incorporates herein, as if fully set forth, the allegations contained

22 in the section entitled "Nature of the Action," paragraphs one through eight and 13 of the

23 Complaint filed by the Equal Employment Opportunity Commission ("EEOC") in this action.

24

9. Intervener Hadji is of Moroccan and Arab descent.

25

10. Intervener Hadji was employed by Defendant Albion as the restaurant manager .

26 from April 2004 until his termination on November 18, 2004.

27

11. At all times during his employment, Intervener Hadji was qualified for

28 employment as the restaurant manager of the Albion River Inn.

2 COMPLAINT IN INTERVENTION

Case No. C 06-05356 SI

Case 3:06-cv-05356-SI Document 14 Filed 02/09/2007 Page 3 of 8

1

12. On or about November 16, 2004, a waiter of Tunisian origin, employed by Albion

2 was harassed by a diner based on his race/national origin. Hadji was not working that night but

3 learned of the incident the next day.

4

13. When the same diner returned to the restaurant on November 17, 2004, one of the

5 wait staff informed Hadji of his identity. Hadji spoke to the diner and objected to his treatment

6 of the waiter the prior evening.

7

14. The diner then directed racial slurs and epithets at Hadji. Hadji objected to the

8 .diner's use of derogatory and demeaning racial slurs and epithets, and Hadji asked the diner to

9 leave the restaurant. As he was leaving the restaurant, the diner threatened Hadji with physical

10 violence and continued to shout racial epithets and use vulgar language.

11

15. A few hours later, Peter Wells ("Wells"), co-owner of the Albion and his wife,

12 came to the restaurant to discuss the incident with Hadji. Hadji recounted the events and his

13 reasons for asking the diner to leave. Wells made numerous excuses for the diner's behavior.

. 14

16. On November 18, 2004 Hadji reported for work and was confronted by the

15 Albion's general manager, Karen Laudadio ("Laudadio"). Laudadio conveyed a message from

16 Wells that Hadji must either write a letter of apology to the diner or be tenninated. When Hadji

17 refused to apologize, LaUdadio told him to go home.

18

17. On November 18,2004, Albion tenninated Hadji's employment in retaliation for

19 his opposition to harassment based on race/national origin/ancestry, or what Hadji reasonably

20 believed to be harassment based on race/national origin/ancestry, of an employee under Hadji's

21 supervIsIOn.

22

18. In addition or in the alternative, Albion engaged in an unlawful employment

23 practice when it terminated Hadji' s employment in retaliation for his opposition to harassment

24 based on race/national origin/ancestry, or what Hadji reasonably believed to be harassment based

25 on race/national origin/ancestry, ofHadji himself.

26

19. Hadji felt betrayed and humiliated by his employer's reaction to the harassment he

27 had experienced. He continues to feel a great deal of emotional distress and pain from the

28 expenence. Hadji was largely unemployed for eight months and suffered significant economic

3 COMPLAINT IN INTERVENTION

Case No. C 06-05356 SI

Case 3:06-cv-05356-SI Document 14 Filed 02/09/2007 Page 4 of 8

1 deprivation for a time. In addition, he and his wife were forced to move from the Mendocino

2 Coast to San Francisco to find work and to distance themselves from the incident.

3

20. Within the time provided by law, Intervener Hadji filed a charge of discrimination

4 with Plaintiff EEOC alleging violations of Title VII by Defendant. All conditions precedent to

5 the institution of this lawsnit have been fulfilled.

6

21. Within the time provided by law, Intervener Hadji filed a charge of discrimination

7 with the California Department of Fair Employment and Housing ("DFEH"). Intervener received

8 a right to sue letter from the DFEH with respect to his charges of discrimination. Intervener has

9 in all respects complied with any and all applicable administrative exhaustion reqnirements under

10 FEHA.

11

FIRST CAUSE OF ACTION

12

(Retaliation in Violation of Title VII of the Civil Rights Act)

13

22. The preceding allegations are re-alleged and incorporated herein by reference.

14

23.. At all times herein mentioned, section 704(a) of Title VII, 42 U.S.C. section

15 2000e-3(a) was in full force and effect and was binding on Defendant.

16

24. Defendant engaged in an unlawful employment practice in violation of704(a) of

17 Title VII, 42 U.S.C. section 2000e-3(a) by tenninating Intervener's employment in retaliation for

18 his opposition to harassment based on race/national origin or what Intervener reasonably believed

19 to be harassment, based on race/national origin of an employee under Intervener's supervision.

20

25. In addition, or in the alternative, Defendant engaged in an tmlawful employment

21 practice by tenninating Intervener's employment in retaliation for his opposition to harassment

22 based on race/national origin, of Intervener himself

23

26. Defendant has deprived Intervener of equal employment opportunities and

24 otherwise adversely affected Intervener's status as an employee because of his protected activity.

25

27. The unlawful employment practice complained of above was intentional.

26

28. The unlawful employment practice complained of above was done with malice or

27 reckless indifference to the federally protected rights of Intervener.

28

4 COMPLAINT IN INTERVENTION

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1

SECOND CAUSE OF ACTION

2

(Race/National Origin Discrimination in Violation ofTitIe VII of Civil Rights Act),

3

29. The preceding allegations are re-alleged and incorporated herein by reference.

4

30. At all times herein mentioned, section 704(a) of Title Vll, 42 U.S.c. section

5 2000e-2(a)(1) was in full force and effect and was binding on Defendant.

6

31. In addition to the above referenced disparate treatment, Defendant engaged in the

7 unlawful practice of race/national origin discrimination in violation of section 704(a) of Title VII,

8 42 U.S.C. section 2000e-2(a)(1), when Defendant terminated Intervener's employment on the

9 basis ofhis race/national origin.

10

32. The effect of the actions complained of above has been to deprive Intervener of

11 equal employment opportunities and otherwise adversely affect his status as an employee because

12 of his race/national origin.

13

33. The unlawful employment practice complained of above was intentional.

14

34.

The unlawful employment practice complained of above was done with

15 male or with reckless indifference to the federally protected rights of Intervener.

16

THIRD CAUSE OF ACTION

17

(Retaliation in Violation of California's Fair Employment and Housing Act)

18

35. The preceding allegations are re-alleged and incorporated herein by reference.

19

36. At all times herein mentioned, Government Code section 12900 et seq.

20 (California'S Fair Employment and Housing Act, "FEHA") were in full force and effect and were

21 binding on Defendant. Section 12940(h) of the Government Code makes it unlawful for "any

22 person" to retaliate against an individual because the individual opposes any practice forbidden

23 under the FEHA.

24

37. Defendant engaged in an unlawful employment practice in violation of the FEHA

25 by terminating Intervener's employment in retaliation for his opposition to harassment based on

26 race/national origin/ancestryor what Intervener reasonably believed to be harassment, based on

27 race/national origin/ancestry of an employee under Intervener's supervision.

28

38. In addition, or in the alternative, Defendant engaged in an unlawful employment

5 COMPLAINT IN INTERVENTION

Case No. C 06-05356 SI

Case 3:06-cv-05356-SI Document 14 Filed 02/09/2007 Page 6 of 8

1 practice by terminating Intervener's employment in retaliation for his opposition to harassment

2 based on race/national origin/ancestry of Intervener himself.

3

39. As a proximate result of Defendant' s conduct against Intervener, Intervener has

4 sustained substantial losses in earning and other employment benefits. He has suffered and

5 continues to suffer humiliation, emotional distress and mental and physical pain and anguish.

6

40. In light of Defendant's despicable, knowing and intentional discrimination against

7 Intervener, Intervener seeks an award of punitive and exemplary damage in an amount according

8 to proof.

9

FOURTH CAUSE OF ACTION

10 (Discrimination Based on RacelNational Origin/Ancestry in Violation ofthe CA FEHA)

11

41. The preceding allegations are re-alleged and mcorporated herein by reference.

12

42. At all times herem mentioned California's FEHA was m full force and effect and

13 was binding on Defendant. Section l2940(a) ofthe Government Code makes it unlawful for an

14 employer to discharge a person from employment because of the person's race/national

15 origin/ancestry.

16

43. In addition to the above referenced disparate treatment, Defendant engaged in the

17 unlawful practice of race/national origin/ancestry discrimination, in violation of the FEHA when

18 Defendant termmated Intervener's employment on the basis of his race/national origin/ancestry.

19

44. As a proximate result of Defendant's conduct against Intervener, Intervener has

20 sustained substantial losses in earning and other employment benefits. He has suffered and

21 contmues to suffer humiliation, emotional distress and mental and physical pain and anguish.

22

45. In light of Defendant's despicable, knowing and mtentional discrimination against

23 Intervener, Intervener seeks an award of punitive and exemplary damage in an amount according

24 to proof.

25

FIFTH CAUSE OF ACTION

26

(Intentional Infliction of Emotional Distress)

27

46. The preceding allegations are re-alleged and mcorporated herein by reference.

28

47. Intervener believes and thereon alleges that Defendant's conduct in terrninatmg

6 COMPLAINT IN INTERVENTION

Case No. C 06-05356 SI

Case 3:06-cv-05356-SI Document 14 Filed 02/09/2007 Page 7 of 8

1 him was extreme and outrageous.

2

48. Intervener believes and thereon alleges that Defendant's conduct intended to cause

3 or was in reckless disregard of the probability of causing Intervener emotional distress.

4

49. Intervener has suffered severe emotional distress from Defendant's conduct

5 alleged above and ultimate termination of Intervener's employment.

6

50. Intervener's emotional distress was actually and proximately caused by

7 Defendant's conduct alleged above and ultimate termination of Intervener's employment.

8

51. In light of Defendant's despicable, knowing and intentional discrimination against

9 Intervener, Intervener seeks an award ofpunitive and exemplary damage in an amount according

10 to proof.

11

SIXTH CAUSE OF ACTION

12

(Wrongful Termination in Violation of Public Policy)

13

52. The preceding allegations are re-alleged and incorporated herein by reference.

14

53. Intervener believes and thereon alleges that Defendant unlawfully terminated him

15 from his employment because of his race/national origin/ancestry. Such discrimination is in

16 violation of the fundamental public policy expressed in California's Fair Employment and

17 Housing Act, and has resulted in damage and injury to Intervener as alleged herein.

18

54. As a proximate result of Defendant's discriminatory conduct against Intervener,

19 he has sustained substantial losses in earnings and other employment benefits. He has suffered

20 and continues to suffer humiliation, emotional distress and mental and physical pain and anguish.

21.

55. In light of Defendant's despicable, knowing and intentional discrimination against

22 Intervener, Intervener seeks an award of punitive and exemplary damage in an amount according

23 to proof.

24

DEMAND FOR JURy TRIAL

25

Intervener hereby demands a trial by jury.

26

27

28

7 COMPLAINT IN INTERVENTION

Case No. C 06-05356 sr

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1

PRAYER FOR RELIEF

2

WHEREFORE, Intervener prays for judgment in his favor and against Defendant as

3 follows:

4

A. For compensatory damages, including loss of wages, bonuses and other benefits

5 and opportunities of employment, according to proof, but not less than the jurisdictional limits of

6 this court;

7

B. For mental and emotional distress damages according to proof;

8

C. For an award of interest, including prejudgment interest at the legal rate;

9

D. For punitive and exemplary damages in an amount sufficient to punish and deter

10 Defendant's pattern of outrageous conduct.

11

E. For an award oflegal expenses and attorney's fees as provided by 42 U.S.C.

12 section 2000e-5(k), California Government Code section 12965 and Code of Civil Procedure

13 section 1021.5.

14

F. For such other and further relief as the court deems just and proper.

15

16 Dated: February 8, 2007
17
18

CHAPMAN, POPIK. & WHlTE LLP

19 20

By: ~~~';l--4---=-.

21

1A. Lacayo-V e

Intervener A ellatif Hadji

22

23

24

25

26

27

28 G:I1356\PIComplaint in Intervention.wpd

8 COMPLAINT IN INTERVENTION

Case No. C 06-05356 SI

 
 Case 3:06-cv-05356-SI Document 812 Filed 02/267/2008 Page 1 of 101

1

2

3

4

5

6

7 UNITED STATES DISTRICT COURT
8 NORTHERN DISTRICT OF CALIFORNIA
9

10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
11
Plaintiff, 12
ABDELLATIF HADJI, 13
Plaintiff-Intervener, 14
v. 15
ALBION RIVER INN, INC. 16
Defendant. 17

CIVIL ACTION NO. 06-5356 SI [PROPOSED] CONSENT DECREE

18

19

Plaintiff U.S. Equal Employment Opportunity Commission (“Commission” or “EEOC”)

20 brought this lawsuit under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights
21 Act of 1991, to correct alleged unlawful employment practices and to provide appropriate relief to
22
Charging Party Abdellatif Hadji, who was allegedly adversely affected by such practices. 23

24

In the interest of resolving this matter the Commission and Albion River Inn, Inc.,

25 (hereinafter referred to as “the Parties”) have agreed that the above-captioned lawsuit (the

26 “Lawsuit”) should be finally resolved by entry of this Consent Decree.
27 // 28
CONSENT DECREE CV-06 – 06-5356 SI

Case 3:06-cv-05356-SI Document 812 Filed 02/267/2008 Page 2 of 101

1

This Consent Decree shall not constitute an adjudication and/or a finding on the merits of the

2 Lawsuit and shall not be construed as an admission of liability. This Consent Decree resolves all
3 claims raised by the EEOC and/or Intervenor Hadji which stem from EEOC Charge No. 370-20054
01017 (Abdellatiff Hadji vs. Albion River Inn) and the EEOC Complaint in this Lawsuit and Mr. 5
Hadji’s Complaint in Intervention, and constitutes a complete resolution of all claims of 6
7 discrimination under Title VII that were made or could have been made by the EEOC and/or
8 Intervenor Hadji based on this charge. This Consent Decree does not, however, resolve any future

9 charges or charges that may be pending with the EEOC other than the charges and Complaint

10 specifically referenced in this paragraph.
11 This Consent Decree comprises the full and exclusive agreement of the EEOC and Defendant
12 Albion River Inn, Inc. with respect to the matters discussed herein. No waiver, modification or
13 amendment of any provision of this Consent Decree shall be effective unless made in writing and
14
15 duly executed by each of all the Parties to this Decree, and any substantive change, modification or

16 amendment of any provision of this Consent Decree shall also require approval by the Court.

17

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

18 now approves this Consent Decree.

19
20 I.
2 1
22

THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: GENERAL PROVISIONS This Court has jurisdiction over the subject matter and the Parties to this Lawsuit. This Court

23 will retain jurisdiction over this Decree for all purposes until the expiration of Defendant’s

24 obligations as set forth herein.

25

This Consent Decree is final and binding upon the Parties, their agents, successors and

26 assigns. The Parties will each bear their own costs and attorney fees in this action.

27 //

28

2

CONSENT DECREE

.

CV-06 – 06-5356 SI

Case 3:06-cv-05356-SI Document 812 Filed 02/267/2008 Page 3 of 101

1 II. GENERAL INJUNCTIVE RELIEF: NON-DISCRIMINATION AND NONRETALIATION
2

3

Race and/or National Origin Discrimination: Consistent with Section 703 of Title VII, 42

4 U.S.C. §2000e-2, Defendant and their officers, agents, managers (including supervisory employees),

5 successors and assigns, agree not to discriminate against persons on the basis of race and/or national

6 origin by creating, allowing or otherwise supporting race and/or national origin harassment in the
7 workplace. For purposes of this paragraph, the procedures of 42 USC § 2000e, et. seq. will apply. 8
Retaliation: Consistent with Section 704 of Title VII, 42 USC § 2000e-3, Defendant, their 9
officers, agents, managers (including supervisory employees), successors and assigns, are enjoined 10
11 from engaging in, implementing or permitting any action, policy or practice with the purpose of

12 retaliating against any current or former employee because he or she has in the past, or during the

13 term of this Consent Decree (a) opposed any practice of harassment or other discriminatory acts
14 related to this lawsuit on the basis of race/national origin; (b) filed a Charge of Discrimination
15 alleging any such practice in this case; (c) testified or participated in any manner in any investigation
16 (including, without limitation, any internal investigation undertaken by Defendant), proceeding or
17 18 hearing in connection with this Lawsuit; (d) was identified as a possible witness in this Lawsuit; or
19 (e) asserted any rights under this Consent Decree.

20 III. MONETARY RELIEF

21

Defendant shall pay the total sum of $165,000.00 (the “Settlement Payment”) as allocated

22 and described below.
23 a. Defendant shall pay the Settlement Payment as follows:
24 Within the120 days following the entry of this Consent Decree, Defendant shall deliver the
25
26 Settlement Payment in the form of three business checks in the following manner: one check in the

27 amount of $75,000 made payable to “Abdellatiff Hadji” as compensation for emotional distress; one

28 check in the amount of $75,000 made payable to “3Chapman, Popik and White, LLP” as

CONSENT DECREE

.

CV-06 – 06-5356 SI

Case 3:06-cv-05356-SI Document 812 Filed 02/267/2008 Page 4 of 101

1 compensation for attorneys’ fees; and one check in the amount of $15,000 made payable to

2 “Chapman, Popik and White, LLP” as compensation for litigation costs.

3

b. The Settlement Payment shall be sent via Federal Express or other certified delivery to

4 David Nied, Chapman, Popik and White, LLP, 650 California Street, 19th Floor, San
5 Francisco, CA 94108.
6

7

c. Photocopies of checks to be mailed to Linda Ordonio-Dixon, EEOC, 350 The

8 Embarcadero, Suite 500, San Francisco, CA 94105.

9

d. Defendant shall report the entirety of the Settlement Payment as being made to A. Hadji

10 by issuance of a single IRS Form 1099 under the name and Social Security Number of A. Hadji.
11 Abdellatif Hadji understands and agrees that he will be solely responsible for the payment of any
12 taxes and penalties assessed on these payments and will defend, indemnify and hold defendant free
13 and harmless from and against any and all costs or liabilities (including attorney’s fees incurred in
14
15 defense, payroll taxes, penalties or interest) arising out of any claim that defendant was obligated to

16 withhold or pay taxes with respect to these payments.

17

e. Upon full satisfaction of the entire Settlement Payment, as described in this Section III,

18 Intervenor Abdellatif Hadji shall dismiss with prejudice his Complaint in Intervention filed in this
19 Action.
20

21 22 IV. SPECIFIC INJUNCTIVE RELIEF

23

EEO and Anti-Discrimination Policies : Defendant shall revise their respective

24 discrimination complaint investigation policies within sixty (60) days of the date of entry of the

25 Consent Decree, such that the policies: (i) include definitions of discriminatory treatment, with

26 specific reference to race and national origin harassment; (ii) include examples of race and national

27 origin harassment, particularly by customers; (iii) provide for appropriate discipline and/or

28

4

CONSENT DECREE

.

CV-06 – 06-5356 SI

Case 3:06-cv-05356-SI Document 812 Filed 02/267/2008 Page 5 of 101

1 corrective action for incidents of harassment designed to deter future acts of discrimination; (iv)

2 include strong non-retaliation language with examples to supplement the definition of retaliation; (v)
3 provide for appropriate discipline for incidents of retaliation designed to deter future acts of 4
retaliation; (vi) provide that complaints of discrimination and/or retaliation will be accepted 5
irrespective of whether they are made verbally or in writing; (vii) provide a set procedure for 6
7 documenting a complaint and/or investigation of harassment in writing; and, (vii) provide for a
8 procedure which allows onsite restaurant management the authority to address worksite harassment

9 to protect employees.

10

The revised policies shall be submitted to the Commission for review to ensure that the terms

11 above had been met.
12 Within thirty (30) days after the Commission has reviewed and approved the policies,
13
Defendant shall effectively disseminate the revised policies and procedures by: 14

15

i. Distributing copies to all current employees within 90 days of the

16 entry of this Consent Decree;

17

ii. Giving a copy to all new employees upon the employees’ hire.

18

Complaint Procedure: Defendant shall develop or reaffirm a complaint procedure

19 designed to encourage employees and applicants to come forward with complaints about violations
20 of its discrimination policy. As part of the policy, Defendant shall provide employees with
21
22 convenient, confidential and reliable mechanisms for reporting incidents of discrimination and

23 retaliation. Said policy shall be continuously posted on employee bulletin boards or in an equally

24 prominent place.

25

Defendant will submit a copy of the complaint procedures to the EEOC twenty (20) days

26 before the completion of training as required below.

27 //

28

5

CONSENT DECREE

.

CV-06 – 06-5356 SI

Case 3:06-cv-05356-SI Document 812 Filed 02/267/2008 Page 6 of 101

1

Posting: An agreed upon Notice of Settlement shall be, and remain, posted in a clearly

2 visible location frequented by employees and applicants.

3

Training of Employees: Defendant shall conduct and require all current and new

4 employees attend anti-discrimination training once every year throughout the duration of this
5
Consent Decree. The purpose of said training shall be to give participants an understanding of 6

7 discrimination issues, particularly race and national origin harassment, sources of legal protection for

8 discrimination victims, the employees’ obligation to report discrimination, the employer’s obligation

9 to take preventive, investigative and remedial action with respect to discrimination complaints, and

10 to review company policies (including discipline policies) and practices related to discrimination and
11 retaliation with employees.
12 Training Logistics: The content, method of training and size of training classes is subject
13 to approval by the Commission which approval shall not be unreasonably withheld and which shall
14
15 take into consideration Defendant’s operational needs. Defendant agrees to provide a description of

16 each training program to counsel for the Commission no later than twenty (20) days before the

17 training programs are scheduled to be held.

18

Acknowledgment of Training Attendance: All persons attending mandatory anti-

19 discrimination training pursuant to this Consent Decree shall sign an acknowledgment of their
20 attendance at the training. Defendant shall retain the originals of these acknowledgments and
21
22 provide the EEOC with a copy thereof each year.

23

Reports to the Commission

24

a.

Training Report:

25

Within thirty (30) days of completion of the training required by this Consent Decree,

26 Defendant will send the EEOC verification of its completion of discrimination/harassment training

27 for its employees.

28

6

CONSENT DECREE

.

CV-06 – 06-5356 SI

Case 3:06-cv-05356-SI Document 812 Filed 02/267/2008 Page 7 of 101

1

Policies Designed to Promote Supervisor Accountability

2

a.

Communication of Potential Discipline for Engaging in

3 Race, National Origin Harassment and/or Retaliation.
4 Defendant shall impose appropriate discipline, up to and including termination, suspension
5 without pay or demotion, upon any supervisor or manager who engages in race and/or national
6
7 origin harassment or retaliation or knowingly permits any such conduct to occur in his or her work

8 area or among employees under his or her supervision, or who retaliates against any person who

9 complains or participates in any investigation or proceeding concerning such conduct. Defendant

10 shall communicate this policy to all of their supervisors and managers.

11 b.

Communication of Duty to Actively Monitor Worksite.

12 Defendant will advise all managers and supervisors of their duty to actively monitor their
13

work areas to ensure employee compliance with Defendant’ anti-discrimination policy, and to report 14

15 any incidents and/or complaints of discrimination and/or retaliation of which they become aware to

16 the individuals charged with handling such complaints.

17

18 V. RETENTION OF JURISDICTION AND EXPIRATION OF CONSENT DECREE
19 a. This Consent Decree shall terminate three (3) years from the date of entry by the
20 Court, unless the Commission petitions this Court for an extension of the Decree because of non-
21 22 compliance by Defendant. If the Commission determines that Defendant has not complied with the
23 Consent Decree, the Commission will provide written notification of the alleged breach and will not

24 petition the Court for enforcement sooner than thirty (30) days after providing written notification.

25 The thirty-day period following written notice shall be used by the parties for good faith efforts to

26 resolve the issue. If the Commission petitions the Court and the Court finds Defendant to be in

27 substantial violation of the terms of the Decree, the Court may extend the termination date of this

28

7

CONSENT DECREE

.

CV-06 – 06-5356 SI

Case 3:06-cv-05356-SI Document 812 Filed 02/267/2008 Page 8 of 101

1 Consent Decree.

2

b. Except as provided in the preceding paragraph, three (3) years after the entry of this

3 Consent Decree, this lawsuit will be dismissed with prejudice, provided that Defendant have
4 complied substantially with the terms of this Consent Decree. Defendant will be deemed to have
5 complied substantially if the Court has not made any findings or orders during the term of the
6

7 Decree that Defendant has failed to comply with any of the terms of this Decree. This Consent

8 Decree will automatically expire without further Court Order.

9

c. For purposes of enforcing the provisions of this Consent Decree, and pursuant to

10 Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-82 (1994) and Flanagan v. Arnaiz,
11 143 F.3d 540, 543-44 (9th Cir. 1998), this Court will retain jurisdiction of the instant lawsuit until the 12
expiration of the Consent Decree. 13

14

15

VI. ASSIGNMENT TO U.S. MAGISTRATE JUDGE FOR BINDING

DETERMINATION CONSENT TO JURISDICTION, AND WAIVER OF

16

APPEAL

17

The Court assigns the determination of any issue or matter arising in the future out of this

18 Consent Decree or related in any way thereto, including all matters of interpretation and
19 enforcement, to the Honorable United States Magistrate Judge Edward M. Chen, of the Northern
20 District of California, who received the Parties agreement to this Consent Decree on the record in
21
22 open court on February 4, 2008.

23

This assignment is made at the specific request of the Parties, and the Court finds pursuant to

24 28 U.S.C. Section 636 and Local Rules 72 and 73, that the Parties have irrevocably consented on the

25 record to the jurisdiction of United States Magistrate Judge Chen for all such purposes. The Court

26 finds on the consent and express waiver of the Parties on the record that any determination hereunder

27 by United States Magistrate Judge Chen shall be binding and nonappealable.

28

8

CONSENT DECREE

.

CV-06 – 06-5356 SI

Case 3:06-cv-05356-SI Document 812 Filed 02/267/2008 Page 9 of 101

1 2 IT IS SO ORDERED: 3
2/27/08 4 Dated:____________________ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CONSENT DECREE CV-06 – 06-5356 SI

__________________________ United States District Court Judge
9 .

Case 3:06-cv-05356-SI Document 821 Filed 02/267/2008 Page 10 of 101

1

NOTICE of SETTLEMENT

2

This Notice is being posted pursuant to a Consent Decree in settlement of all claims related

3

to the federal lawsuit Equal Employment Opportunity Commission/Abdellatiff Hadji vs. Albion River Inn, Inc. (Civil Action 06-5356 SI, Northern District of California).

4 The Consent Decree does not constitute an adjudication and/or a finding on the merits of the
5 Lawsuit and should not be construed as an admission of liability by Albion River Inn. Albion River
Inn and the EEOC each have voluntarily entered into the Consent Decree. 6

7

The Albion River Inn has agreed to observe the anti-discrimination and anti-retaliation laws of the United States.

8 As detailed in the referenced Consent Decree, Defendant Albion River Inn Inc. is ordered to
9 do the following:

10

1. Pay Abdellatif Hadji certain damages and attorney fees.

11

2. Revise company anti-discrimination policies

3. Develop a discrimination complaint procedure

12

4. Provide additional training to employees in anti-discrimination issues

5. Make reports to the EEOC regarding training conducted under the Consent Decree

13

6. Institute new policies to promote supervisor accountability for harassment occurring

in the workplace

14

7. Post this Notice of Settlement.

15

16

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE

DEFACED OR REMOVED BY ANYONE

17

18

This notice must remain posted for three years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice of Settlement or

19 compliance with its terms may be directed to EEOC Attorney Linda Ordonio-Dixon at (415) 6255654/toll free at (800) 669-4000. The EEOC charges no fees and has employees who speak

20 languages other than English.

21 22 By Consent Decree dated: _____________________________

23

24

25

26

27

28

10

CONSENT DECREE

.

CV-06 – 06-5356 SI

CCaassee 33::0066--ccvv--0055335566--SSII DDooccuummeenntt 8821-2 FilFeidle0d20/227/2/260/200808 PaPgaeg1e11oof f111

1 WILLIAM R. TAMAYO, SBN 084965 JONATHAN T. PECK SBN 12303 (VA)
2 LINDA S. ORDONIO-DIXON, SBN 172830 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, CA 94105-1260 Telephone No. (415) 625-5654
5 Fax No. (415) 625-5657
6 Attorneys for Plaintiff
7

8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

11 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

12 Plaintiff,

13 ABDELLATIFF HADJI,

14 Plaintiff-Intervener,

15

v.

Case No. C 06-05356 SI
E-FILING CONCURRENCE FOR [PROPOSED] CONSENT DECREE

16 ALBION RIVER INN,

17

Defendants.

18

19

I, LINDA S. ORDONIO-DIXON, lead counsel for plaintiff Equal Employment Opportunity

20 Commission, attest that I have obtained the concurrence of David Nied, lead counsel for plaintiff-

21 intervenor Abdellatiff Hadji and Raymond Erlach, counsel for defendant Albion River Inn, Inc., for

22 the filing of the attached [Proposed] Consent Decree. I further attest that all parties have approved the

23 contents of the Decree.

24

25 Dated: February 26, 2008 26
27

By: //s// Linda S. Ordonio-Dixon

28
E-Filing Concurrence C 06-05356 SI

 
 Case: 3:06-cv-5356 As of: 07/20/2010 10:32 AM PDT 1 of 7
ADRMOP, CLOSED, E−Filing, MEDTERM, REFSET−EMC, REFSET−MEJ
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:06−cv−05356−SI

Equal Employment Opportunity Commission v. Albion River Inn, Inc. Assigned to: Hon. Susan Illston Referred to: Magistrate Judge Edward M. Chen (Settlement) Cause: 28:451 Employment Discrimination
Plaintiff

Date Filed: 08/31/2006 Date Terminated: 02/27/2008 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

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

Linda Susan Ordonio−Dixon Equal Employment Opportunity Commission 350 Embarcadero Street Suite 500 San Francisco, CA 94105−1687 (415) 625−5654 Fax: (415) 625−5657 Email: linda.ordonio−dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Pla Abdellatif Hadji

represented by Raquel Alejandra Lacayo−Valle 650 California St., Suite1900 SAN FRANCISCO, CA 94108 415−352−3000 Fax: 415−352−3030 Email: rlv@chapop.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David George Nied Chapman, Popik &White, LLP 650 California Street, 19th Floor San Francisco, CA 94108 (415) 352−3000 Email: dnied@chapop.com ATTORNEY TO BE NOTICED
Robert Rubin Lawyers' Committee for Civil Rights of the San Francisco Bay Area 131 Steuart Street Suite 400 San Francisco, CA 94105 415−543−9444

Case: 3:06-cv-5356 As of: 07/20/2010 10:32 AM PDT 2 of 7
Fax: 415−543−0296 Email: rrubin@lccr.com ATTORNEY TO BE NOTICED

V. Defendant Albion River Inn, Inc.

represented by Raymond Nicholas Stella Erlach Law Offices of Raymond N. Stella Erlach One Maritime Plaza Fourth Floor San Francisco, CA 94111 415−788−3322 Fax: 415−788−8613 Email: rerlach@rayerlach.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/31/2006
08/31/2006
08/31/2006 08/31/2006 10/16/2006 10/20/2006 11/09/2006 11/13/2006 11/27/2006
11/27/2006 12/06/2006

# Docket Text
1 COMPLAINT (Summons issued; Fee waived) against Albion River Inn, Inc.. Filed byEqual Employment Opportunity Commission. (ys, COURT STAFF) (Filed on 8/31/2006) Additional attachment(s) added on 9/1/2006 (ys, COURT STAFF). (Entered: 08/31/2006)
2 ADR SCHEDULING ORDER: Case Management Statement due by 11/27/2006. Case Management Conference set for 12/1/2006 02:00 PM. (Attachments: # 1 cmc order# 2 standing order)(ys, COURT STAFF) (Filed on 8/31/2006) (Entered: 08/31/2006)
Summons Issued as to Albion River Inn, Inc.. (ys, COURT STAFF) (Filed on 8/31/2006) (Entered: 08/31/2006)
CASE DESIGNATED for Electronic Filing. (ys, COURT STAFF) (Filed on 8/31/2006) (Entered: 08/31/2006)
3 ANSWER to Complaint with Jury Demand byAlbion River Inn, Inc.. (Attachments: # 1 Defendant's Disclosure Statement)(Erlach, Raymond) (Filed on 10/16/2006) (Entered: 10/16/2006)
4 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Receipt of Service)(O'Hara, Cindy) (Filed on 10/20/2006) (Entered: 10/20/2006)
5 STIPULATION and Proposed Order selecting Mediation by Equal Employment Opportunity Commission (O'Hara, Cindy) (Filed on 11/9/2006) (Entered: 11/09/2006)
6 ORDER REFERRING CASE to Mediation.. Signed by Judge Illston on 11/13/06. (ts, COURT STAFF) (Filed on 11/13/2006) (Entered: 11/13/2006)
7 *** FILED IN ERROR. PLEASE SEE DOCKET # 8 . *** JOINT CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 11/27/2006) Modified on 11/28/2006 (ewn, COURT STAFF). (Entered: 11/27/2006)
8 JOINT CASE MANAGEMENT STATEMENT CORRECTION OF DOCKET # 7 filed by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 11/27/2006) (Entered: 11/27/2006)
9 Minute Entry: Initial Case Management Conference held on 12/1/2006 before Illston (Date Filed: 12/6/2006). Case continued to 3/30/07 @ 2:30 p.m. for Further Case Management ConferenceCase continued to 11/30/07 @ 9:00 a.m. for Motions(Motion due 10/26/07, Opposition 11/9/07 Reply 11/16/07)Case continued to 1/22/08 @ 3:30 p.m. for Pretrial ConferenceCase continued to 2/4/08 @ 8:30 a.m. for Trial (jury: Days)Discovery Cutoff: 10/12/07 Designate Experts by:

Case: 3:06-cv-5356 As of: 07/20/2010 10:32 AM PDT 3 of 7

12/06/2006 12/06/2006
12/19/2006 01/18/2007
01/30/2007 02/07/2007 02/08/2007 02/08/2007 02/09/2007 02/09/2007 02/09/2007 02/13/2007 02/13/2007 02/13/2007 02/23/2007 03/22/2007
04/05/2007 04/09/2007 05/02/2007

9/7/07, Rebuttal Experts:9/21/07, Expert Discovery Cutoff:10/12/07 () (ts, COURT STAFF) (Date Filed: 12/6/2006) (Entered: 12/06/2006)
10 PRETRIAL ORDER. Signed by Judge Illston on 12/5/06. (Attachments: # 1)(ts, COURT STAFF) (Filed on 12/6/2006) (Entered: 12/06/2006)
Set Deadlines/Hearings: Non−Expert Discovery due by 10/12/2007. Motions due by 10/26/2007. Case Management Conference set for 3/30/2007 02:30 PM. Jury Trial set for 2/4/2008 08:30 AM. Motion Hearing set for 11/30/2007 09:00 AM. Pretrial Conference set for 1/22/2007 03:30 PM. (ys, COURT STAFF) (Filed on 12/6/2006) (Entered: 12/07/2006)
11 ADR Clerk's Notice Appointing Peter W. Sherwood as Mediator dated 12/19/2006. (af, COURT STAFF) (Filed on 12/19/2006) (Entered: 12/19/2006)
*** FILED IN ERROR. PLEASE IGNORE. *** Pre MED phone conference scheduled on Wednesday, January 31, 2007 at 3:00 p.m. (af, COURT STAFF) (Filed on 1/18/2007) Modified on 1/24/2007 (af, COURT STAFF). (Entered: 01/18/2007)
Pre MED phone conference scheduled on Monday, February 5, 2007 at 3:00 p.m. Mediator will initiate the call. (af, COURT STAFF) (Filed on 1/30/2007) (Entered: 01/30/2007)
12 NOTICE of Appearance by Linda S. Ordonio−Dixon (Ordonio−Dixon, Linda) (Filed on 2/7/2007) (Entered: 02/07/2007)
Stipulation and Proposed Order permitting the Intervention of Abdellatif Hadji by Abdellatif Hadji. (ys, COURT STAFF) (Filed on 2/8/2007) (Entered: 02/08/2007)
Received Document Complaint in Intervention by Abdellatif Hadji. (ys, COURT STAFF) (Filed on 2/8/2007) (Entered: 02/08/2007)
13 STIPULATION and Order Permitting the Intervention of Abdellatif Hadji by Abdellatif Hadji. (Nied, David) (Filed on 2/9/2007) (Entered: 02/09/2007)
14 First Intervenor COMPLAINT. Filed byAbdellatif Hadji. (Nied, David) (Filed on 2/9/2007) (Entered: 02/09/2007)
15 STIPULATION (Joint) and Request for Relief from Mediation Deadline and to Continue Case Management Conference by Abdellatif Hadji. (Nied, David) (Filed on 2/9/2007) (Entered: 02/09/2007)
16 ORDER permitting the intervetion of Hadji. Signed by Judge Illston on 2/12/07. (ts, COURT STAFF) (Filed on 2/13/2007) (Entered: 02/13/2007)
17 ORDER continuing mediation and cmc deadline/date.. Signed by Judge Illston on 2/12/07. (ts, COURT STAFF) (Filed on 2/13/2007) (Entered: 02/13/2007)
Set Deadlines/Hearings: Case Management Conference set for 6/1/2007 02:30 PM. (ys, COURT STAFF) (Filed on 2/13/2007) (Entered: 02/14/2007)
ADR Remark: Mediation deadline has been extended to May 18, 2007, see 17 . (af, COURT STAFF) (Filed on 2/23/2007) (Entered: 02/23/2007)
Set/Reset Hearings: Mediation Hearing set for 5/8/2007 10:00 AM., U.S. Court of Appeals, 95 Seventh St., (at Mission), San Francisco. The mediation will be held on the first floor in the Mediation Office Conference Room. (af, COURT STAFF) (Filed on 3/22/2007) (Entered: 03/22/2007)
18 STIPULATION and Protective Order Regarding Personnel Files FRCP 26(c)(1) by Abdellatif Hadji. (Nied, David) (Filed on 4/5/2007) (Entered: 04/05/2007)
19 PROTECTIVE ORDER. Signed by Judge Illston on 4/6/07. (ts, COURT STAFF) (Filed on 4/9/2007) (Entered: 04/09/2007)
20 ANSWER to Complaint with Jury Demand byAlbion River Inn, Inc.. (Erlach, Raymond) (Filed on 5/2/2007) (Entered: 05/02/2007)

Case: 3:06-cv-5356 As of: 07/20/2010 10:32 AM PDT 4 of 7

05/22/2007 06/05/2007
06/05/2007 06/22/2007 07/06/2007
07/09/2007 07/20/2007 07/25/2007 07/30/2007
07/30/2007 08/01/2007 08/10/2007 08/22/2007
08/23/2007

21 JOINT CASE MANAGEMENT STATEMENT filed by Abdellatif Hadji. (Nied, David) (Filed on 5/22/2007) (Entered: 05/22/2007)
22 Minute Entry: Further Case Management Conference held on 6/1/2007 before Illston (Date Filed: 6/5/2007). Case continued to 8/17/07 @ 2:30 p.m. for Further Case Management ConferenceCase continued to 8/17/07 @ 9:00 a.m. For Discovery Motion(file 7/6/07, oppo 7/20/07, reply 7/27/07)() (ts, COURT STAFF) (Date Filed: 6/5/2007) (Entered: 06/05/2007)
Set Deadlines/Hearings: Case Management Conference set for 8/17/2007 02:30 PM. (ys, COURT STAFF) (Filed on 6/5/2007) (Entered: 06/06/2007)
23 CERTIFICATION OF MEDIATION Session on 5/8/2007, case not settled, no follow up contemplated, mediation complete. Signed by Mediator, Peter W. Sherwood, dated 6/21/2007. (af, COURT STAFF) (Filed on 6/22/2007) (Entered: 06/22/2007)
24 MOTION to Compel Discovery − Communications between Peter Wells, Flurry Healy and David H. Jones Jr. filed by Equal Employment Opportunity Commission. Motion Hearing set for 8/17/2007 02:30 PM in Courtroom 10, 19th Floor, San Francisco. (Attachments: # 1 Affidavit of Ordonio−Dixon# 2 Exhibit s A−C)(Ordonio−Dixon, Linda) (Filed on 7/6/2007) (Entered: 07/06/2007)
25 Proposed Order re 24 MOTION to Compel Discovery − Communications between Peter Wells, Flurry Healy and David H. Jones Jr. by Equal Employment Opportunity Commission. (Ordonio−Dixon, Linda) (Filed on 7/9/2007) (Entered: 07/09/2007)
26 Memorandum in Opposition to 24 EEOC's Motion to Compel Discovery filed byAlbion River Inn, Inc.. (Attachments: # 1 Declaration of Flurry Healy in Support of Opposition)(Erlach, Raymond) (Filed on 7/20/2007) Modified on 7/30/2007 (ys, COURT STAFF). (Entered: 07/20/2007)
27 Declaration of Raymond N. Stella Erlach Re Privilege Log Re Mediation Documents filed byAlbion River Inn, Inc.. (Erlach, Raymond) (Filed on 7/25/2007) (Entered: 07/25/2007)
28 Reply to 26 Opposition re 24 MOTION to Compel Discovery − Communications between Peter Wells, Flurry Healy and David H. Jones Jr. filed byEqual Employment Opportunity Commission. (Attachments: # 1 Affidavit of Ordonio−Dixon# 2 Exhibit D# 3 Exhibit E# 4 Exhibit F)(Ordonio−Dixon, Linda) (Filed on 7/30/2007) Modified on 7/31/2007 (ys, COURT STAFF). (Entered: 07/30/2007)
29 MOTION for Extension of Time to File Reply; [PROPOSED] Order filed by Equal Employment Opportunity Commission. Motion Hearing set for 8/17/2007 02:30 PM in Courtroom 10, 19th Floor, San Francisco. (Ordonio−Dixon, Linda) (Filed on 7/30/2007) (Entered: 07/30/2007)
30 ORDER GRANTING Plaintiff's Motion to Extend Deadline for submission of Reply 29 . Signed by Judge Susan Illston on 7/31/2007. (lmh, COURT STAFF) (Filed on 8/1/2007) (Entered: 08/01/2007)
31 CASE MANAGEMENT STATEMENT filed by Equal Employment Opportunity Commission. (Ordonio−Dixon, Linda) (Filed on 8/10/2007) (Entered: 08/10/2007)
32 Minute Entry: Further Case Management Conference held on 8/17/2007 before Illston (Date Filed: 8/22/2007). Deft. was granted leave to file a supplemental brief by 8/24/07.The Court granted counsel leave to take an additional ten depositions. If necessary, plaintiff may send interrogatories to determine if additional depositions are actually needed.This case shall be referred to a magistrate−judge for settlement purposes. The settlement conference shall occur during the month of November 2007. () (ts, COURT STAFF) (Date Filed: 8/22/2007) (Entered: 08/22/2007)
CASE REFERRED to Magistrate Judge Maria−Elena James for Settlement. (klh, COURT STAFF) (Filed on 8/23/2007) (Entered: 08/23/2007)

Case: 3:06-cv-5356 As of: 07/20/2010 10:32 AM PDT 5 of 7

08/24/2007 08/27/2007 08/30/2007 09/04/2007 09/05/2007 09/06/2007 09/12/2007 09/25/2007
10/12/2007
10/15/2007 11/19/2007 01/07/2008 01/08/2008 01/08/2008 01/08/2008 01/08/2008
01/08/2008
01/09/2008

33 Rebuttal to REPLY Brief of Plaintiff filed byAlbion River Inn, Inc.. (Erlach, Raymond) (Filed on 8/24/2007) Modified on 8/27/2007 (ys, COURT STAFF). (Entered: 08/24/2007)
34 Letter from Raymond N. Stella Erlach regarding settlement conference. (Erlach, Raymond) (Filed on 8/27/2007) (Entered: 08/27/2007)
35 NOTICE by Albion River Inn, Inc. of Deposition of Moez M'Rabet (Attachments: # 1 Exhibit Subpoena in a Civil Case)(Erlach, Raymond) (Filed on 8/30/2007) (Entered: 08/30/2007)
36 ORDER RE: DISCOVERY (SI, COURT STAFF) (Filed on 9/4/2007) (Entered: 09/04/2007)
37 First MOTION for Reconsideration re 36 Order Re: Discovery filed by Albion River Inn, Inc.. (Erlach, Raymond) (Filed on 9/5/2007) (Entered: 09/05/2007)
38 ORDER DENYING DEFENDANT'S REQUEST FOR LEAVE TO FILE A MOTION FOR RECONSIDERATION AND FOR STAY (SI, COURT STAFF) (Filed on 9/6/2007) (Entered: 09/06/2007)
39 NOTICE by Albion River Inn, Inc. of Deposition of Erin Lane (Attachments: # 1 Exhibit Subpoena in a Civil Case)(Erlach, Raymond) (Filed on 9/12/2007) (Entered: 09/12/2007)
40 ORDER re Case Referred to Magistrate Judge for Settlement Settlement Conference set for 11/19/2007 02:00 PM.. Signed by Judge MARIA−ELENA JAMES on 9/25/07. (bjt, COURT STAFF) (Filed on 9/25/2007) (Entered: 09/25/2007)
41 STIPULATION "STIPULATED MOTION TO EXTEND FACT DISCOVERY DEADLINE; [PROPOSED] ORDER" by Equal Employment Opportunity Commission. (Ordonio−Dixon, Linda) (Filed on 10/12/2007) (Entered: 10/12/2007)
42 ORDER extending fact discovery deadline. Signed by Judge Illston on 10/12/07. (ts, COURT STAFF) (Filed on 10/15/2007) (Entered: 10/15/2007)
43 Minute Entry: Settlement Conference Case Did Not Settle (Date Filed: 11/19/2007). () (mejlc2, COURT STAFF) (Date Filed: 11/19/2007) (Entered: 11/19/2007)
44 Letter from Plaintiff EEOC and Intervenor Hadji requesting extension of pretrial filing deadline. (Nied, David) (Filed on 1/7/2008) (Entered: 01/07/2008)
45 ORDER adjusting pretrial briefing schedule. Signed by Judge Illston on 1/8/08. (ts, COURT STAFF) (Filed on 1/8/2008) (Entered: 01/08/2008)
46 Joint Pretrial Conference Statement by Equal Employment Opportunity Commission. (Ordonio−Dixon, Linda) (Filed on 1/8/2008) Modified on 1/9/2008 (ys, COURT STAFF). (Entered: 01/08/2008)
47 Proposed Joint and Separate Jury Instructions by Equal Employment Opportunity Commission. (Ordonio−Dixon, Linda) (Filed on 1/8/2008) Modified on 1/9/2008 (ys, COURT STAFF). (Entered: 01/08/2008)
48 MOTION in Limine 1 through 20 filed by Equal Employment Opportunity Commission. Motion Hearing set for 1/22/2008 03:30 PM. (Attachments: # 1 Affidavit of Ordonio−Dixon, # 2 Affidavit of Hadji, # 3 Affidavit of M'Rabet)(Ordonio−Dixon, Linda) (Filed on 1/8/2008) (Entered: 01/08/2008)
49 EXHIBITS re 48 MOTION in Limine 1 through 20 1 through 8 filed byEqual Employment Opportunity Commission. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8)(Related document(s) 48 ) (Ordonio−Dixon, Linda) (Filed on 1/8/2008) (Entered: 01/09/2008)
50 EXHIBITS re 48 MOTION in Limine 1 through 20 9 through 35 filed byEqual Employment Opportunity Commission. (Attachments: # 1 Exhibit, # 2 Exhibit, *** # 3 Exhibit, # 4 Exhibit FILED IN ERROR. Court Order #58, REMOVING

Case: 3:06-cv-5356 As of: 07/20/2010 10:32 AM PDT 6 of 7

01/10/2008
01/11/2008
01/15/2008 01/15/2008 01/15/2008 01/15/2008 01/15/2008
01/17/2008 01/22/2008 01/22/2008 01/22/2008 01/22/2008 01/22/2008
01/22/2008 01/23/2008 01/24/2008

DOCUMENT. *** , # 5 Exhibit)(Related document(s) 48 ) (Ordonio−Dixon, Linda) (Filed on 1/9/2008) Modified on 1/10/2008 (ewn, COURT STAFF). Modified on 1/18/2008 (ys, COURT STAFF). (Entered: 01/09/2008)
51 MOTION to Remove Incorrectly Filed Document filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Group 2, # 2 Exhibit Group 4, # 3 Exhibit Group 5)(Ordonio−Dixon, Linda) (Filed on 1/10/2008) (Entered: 01/10/2008)
52 MOTION in Limine filed by Albion River Inn, Inc.. (Attachments: # 1 Declaration of R. Erlach in Support of Defendant's Motions In Limine, # 2 Exhibit Exhibits to Declaration of R. Erlach in Support of Deft.'s Mots. In Limine)(Erlach, Raymond) (Filed on 1/11/2008) (Entered: 01/11/2008)
53 Memorandum in Opposition to 51 Plaintiffs' Motions In Limine filed byAlbion River Inn, Inc.. (Erlach, Raymond) (Filed on 1/15/2008) (Entered: 01/15/2008)
54 Declaration of Linda Ordonio−Dixon Exhibits A to E filed byAbdellatif Hadji. (Lacayo−Valle, Raquel) (Filed on 1/15/2008) (Entered: 01/15/2008)
55 EXHIBITS A−E Combined for Plaintiff's Motion to Strike and Opposition to Defendant's Motions in Limine filed byAbdellatif Hadji. (Lacayo−Valle, Raquel) (Filed on 1/15/2008) (Entered: 01/15/2008)
56 Memorandum in Opposition to 52 Defendant's Untimely Filed Motions in Limine filed byAbdellatif Hadji. (Lacayo−Valle, Raquel) (Filed on 1/15/2008) Modified on 1/16/2008 (ys, COURT STAFF). (Entered: 01/15/2008)
57 First MOTION to Strike 55 Defendant's Untimely Filed Motions in Limine filed by Abdellatif Hadji. Motion Hearing set for 1/22/2008 03:30 PM in Courtroom 10, 19th Floor, San Francisco. (Lacayo−Valle, Raquel) (Filed on 1/15/2008) Modified on 1/16/2008 (ys, COURT STAFF). (Entered: 01/15/2008)
58 ORDER by Judge Illston granting 51 Motion to Remove Incorrectly Filed Document (ts, COURT STAFF) (Filed on 1/17/2008) (Entered: 01/17/2008)
59 Proposed Pretrial Order (First) Allowing Courtroom Equipment by Albion River Inn, Inc.. (Attachments: # 1 Proposed Order)(Erlach, Raymond) (Filed on 1/22/2008) (Entered: 01/22/2008)
60 Proposed Pretrial Order (Second) Allowing Courtroom Equipment by Albion River Inn, Inc.. (Attachments: # 1 Proposed Order)(Erlach, Raymond) (Filed on 1/22/2008) (Entered: 01/22/2008)
61 Proposed Form of Verdict by Abdellatif Hadji. (Lacayo−Valle, Raquel) (Filed on 1/22/2008) (Entered: 01/22/2008)
62 Proposed Voir Dire by Abdellatif Hadji with Proposed Jury Questionnaire attached. (Lacayo−Valle, Raquel) (Filed on 1/22/2008) (Entered: 01/22/2008)
63 Pretrial Conference Statement by Albion River Inn, Inc. (Supplemental Submissions). (Attachments: # 1 Exhibit Exhibit 1, Defendant's Supplemental Proposed Jury Instructions, # 2 Exhibit Exhibit 2, Agreement/Objections to Plaintiffs' Proposed Jury Questionnaire, # 3 Exhibit Exhibit 3, Defendant's Proposed Additional Voir Dire)(Erlach, Raymond) (Filed on 1/22/2008) (Entered: 01/22/2008)
64 Proposed Voir Dire by Abdellatif Hadji Jury Questionnaire. (Lacayo−Valle, Raquel) (Filed on 1/22/2008) (Entered: 01/22/2008)
65 ORDER allowing equipment. (the 2nd order was not signed as the text was blank....). Signed by Judge Illston on 1/23/08. (ts, COURT STAFF) (Filed on 1/23/2008) (Entered: 01/23/2008)
66 Minute Entry: Interim Pretrial Conference (Date Filed: 1/24/2008). The case shall be referred to Magistrate−Judge Chen for settlement purposes. The Court anticipates that an ENE type session be conducted by Judge Chen.The Court granted the motion to bifurcate punitive damages.8 trial jurors will be selected.Counsel shall provide to the jury office copies of the juror questionnaire

Case: 3:06-cv-5356 As of: 07/20/2010 10:32 AM PDT 7 of 7

01/24/2008
01/25/2008
01/25/2008 01/28/2008 01/29/2008 01/29/2008 01/30/2008 01/30/2008 01/31/2008 02/01/2008 02/04/2008
02/05/2008
02/11/2008 02/12/2008 02/26/2008 02/27/2008 07/03/2008 07/08/2008

and shall photo copy the set once completed.(Court Reporter S. McVickar.) (ts, COURT STAFF) (Date Filed: 1/24/2008) (Entered: 01/24/2008)
67 ORDER − Notice of Settlement Conference and Settlement Conference Order. Settlement Conference set for 1/31/2008 09:30 AM. Signed by Magistrate Judge Edward M. Chen on 1/24/2008. (emcsec, COURT STAFF) (Filed on 1/24/2008) (Entered: 01/24/2008)
68 Proposed Order Allowing Courtroom Equipment by Albion River Inn, Inc.. (Attachments: # 1 Proposed Order Allowing Defense's Video Playback Contractor Courtroom Equipment)(Erlach, Raymond) (Filed on 1/25/2008) (Entered: 01/25/2008)
69 FINAL PRETRIAL PREPARATION ORDER. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 1/25/2008) (Entered: 01/25/2008)
70 jury request (ts, COURT STAFF) (Filed on 1/28/2008) (Entered: 01/28/2008)
71 Proposed Order Allowing Electronic Equipment into the Courtroom by Equal Employment Opportunity Commission. (Ordonio−Dixon, Linda) (Filed on 1/29/2008) (Entered: 01/29/2008)
72 ORDER allowing equipment − deft.. Signed by Judge Illston on 1/29/08. (ts, COURT STAFF) (Filed on 1/29/2008) (Entered: 01/29/2008)
73 ORDER allowing equipment (intervenor). Signed by Judge Illston on 1/29/08. (ts, COURT STAFF) (Filed on 1/30/2008) (Entered: 01/30/2008)
74 Letter from Raymond N. Stella Erlach to Hon. Magistrate Judge Chen. (Erlach, Raymond) (Filed on 1/30/2008) (Entered: 01/30/2008)
75 Minute Entry: Settlement Conference held. Case did not settle. (Date Filed: 1/31/2008). (Court Reporter: Not Recorded.). (emcsec, COURT STAFF) (Date Filed: 1/31/2008) (Entered: 01/31/2008)
76 Proposed Jury Instructions by Abdellatif Hadji Parties' Joint Proposed Jury Instructions: Agreed and Contested. (Nied, David) (Filed on 2/1/2008) (Entered: 02/01/2008)
77 Minute Entry: Further Settlement Conference held 2/4/2008. Case settled. (Date Filed: 2/4/2008). (Court Reporter: Belle Ball (415/373−2529) and FTR 020408 (10:38 − 10:50).). (emcsec, COURT STAFF) (Date Filed: 2/4/2008) (Entered: 02/04/2008)
78 MINUTE ENTRY: JURY TRIAL DID NOT BEGIN.. CASE SETTLED BEFORE JUDGE CHEN... (nothing on the record in SI's courtroom). (Date Filed: 2/5/2008). (Court Reporter B. Ball.) (ts, COURT STAFF) (Date Filed: 2/5/2008) (Entered: 02/05/2008)
79 ORDER ASSESSING JURY FEES. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 2/11/2008) (Entered: 02/11/2008)
80 ORDER (SIGNED) assessing jury fees. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 2/12/2008) (Entered: 02/12/2008)
81 Proposed Order − [PROPOSED] CONSENT DECREE by Equal Employment Opportunity Commission. (Attachments: # 1 E−Filing Concurrence Statement)(Ordonio−Dixon, Linda) (Filed on 2/26/2008) (Entered: 02/26/2008)
82 CONSENT DECREE. Signed by Judge Illston on 2/27/08. (ts, COURT STAFF) (Filed on 2/27/2008) (Entered: 02/27/2008)
83 STIPULATION of Dismissal of Complaint−In−Intervention by Abdellatif Hadji. (Nied, David) (Filed on 7/3/2008) (Entered: 07/03/2008)
84 ORDER dismissing complaint in intervention. Signed by Judge Illston on 7/8/08. (ts, COURT STAFF) (Filed on 7/8/2008) (Entered: 07/08/2008)