DOCKETE9

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

,JUDGE CASTILLO

EASTERN DIVISION

MAGIS[RATE JUDGE

Osc ss,6 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

)

Plaintiff,

)

)

CIVIL ACTION NO.

)

"~-

)

Jury Trial Demanded

SERVICO ROLLING MEADOWS, INC d/b/a )

HOLIDAY INN ROLLING MEADOWS, a

subsidiary of LODGIAN INC.

)

Defendant.

NATURE OF THEACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII") and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and national origin and to provide appropriate relief to Maria Martinez and a class of females who were adversely affected by such practices. Plaintiff, Equal Employment Opportunity Commission ("EEOC") alleges that Servico Rolling Meadows, Inc. d/b/a Holiday Inn Rolling Meadows (Holiday Inn) subjected Maria Martinez to harassment because of her sex, female and national origin, Mexican. EEOC also alleges that Holiday inn subjected a class of women to sexual harassment because of their sex (female) and national origin (Mexican). EEOC further alleges that Holiday Inn retaliated against Martinez and a class of other females by subjecting them to different terms and conditions of employment, constructively discharging them and/or discharging them, in violation of Title VII.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § § 451, 1331,1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The employment practices hereafter alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1) and (3). 4. At all times relevant, Defendant Servico Rolling Meadows, Inc. d/b/a Ffoliday Inn Rolling Meadows, an Illinois corporation, has continuously been doing business in the Northern District of Illinois and has continuously had at least fifteen employees. 5. At all times relevant, Holiday Inn has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Maria Martinez filed a charge with the Commission alleging violations of Title VII by Holiday Inn. All conditions precedent to the institution of this lawsuit have been fulfilled.
2

7. Since at Ieast August 1999, Defendant Holiday Inn has engaged in unlawful employment practices at its Rolling Meadows, Illinois facility, in violation of Sections 701(k) and 703(a) of Title VII, 42 U.S.C. Sections 2000e(k) and 2(a). Such unlawful employment practices have included: 1) subjecting Maria Martinez to harassment because of her sex (female) and national origin (Mexican), and subjecting a cIass of Mexican women employees to harassment because of their sex (female) and national origin (Mexican). Such unlawful employment practices have also included the constructive discharge, different terms and conditions and retaliatory discharge of Martinez and a class of other female employees because they resisted the sexual advances of their supervisor.
8. The effect of the practices complained of above has been to deprive Martinez, and a class of women employees adversely affected by the harassment, of equal employment opportunities and otherwise adversely affect their status as employees because of their sex (female) and national origin (Mexican).
9. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Martinez and a class of women employees because of their sex (female) and national origin (Mexican).
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Holiday Inn, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates because of sex and national origin.
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B. Order Defendant to institute and carry out policies, practices and programs which eradicate the effects of its past and present unlawful practices.
C. Order Defendant to make whole Martinez and the affected classes by providing

appropriate back pay 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 reinstatement where appropriate.

D. Order Defendant to make whole Martinez and the affected classes, by providing compensation for past and future pecuniary losses resulting from the unlawful employment

practices described in paragraphs 7 and 8 above, including medical expenses, in amounts to be

determined at trial, E. Order.Defendant to make whole Martinez and the affected classes by providing

compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7 and 8 above, including emotional pain, inconvenience, and

humiliation, in amounts to be determined at trial. F. Order Defendant to pay Martinez and the affected classes punitive damages for its

malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be

determined at trial.

Go

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

interest; and H. Award the Commission its costs in this action.

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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
NICHOLAS M. INZEO Acting Deputy General Counsel GWENDOLYN YOUNG REAMS Associate Generai Counsel EQUAL EMPLOYMENT OPPORTUNITY
~O~IOn / ’ ton, .
Re~ ,nal aj/~6rney
N&lle C.-. Br~nn~ Supervisory Trial Attorney
Pamela S. Moore-Gib/os ~" Trial Attorney ~
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 886-9120 -5-

Civil Cover Sheet

~

http://www,ilnd .uscourts,gov/PUBLIC/Forms/auto_j s44 .¢
ITED STATESDISTRICT CO 8IRATE JU.DGF. L ENLOW
OF iJd~I~

This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use ~ in the Northern District of Illinois.

Plaintiff(s): U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
County of Residence:
Plaintiffs Arty: Pamela Moore-Gibbs U.S. Equal Employment Opportunity Commission 500 W. Madison, Suite 2800 Chicago, IL 60661 312-886-9120

Defendant(s):SERVICO ROLLING MEADOWS, INC d/b/a HOLLIDAY ROLLING MEADOWS, a subsidiary LODGIAN INC

County of Residence:

Co C

Defend~t’s Arty:

II. Basis of Jurisdiction:

1. U.S. Gov’t Plaintiff

III. Citizenship of Principal Parties (Diversity Cases Only)
Plaintiff:- N/A
Defendant:- N/A

IV. Origin"

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 et seq. ("Title VII") and Title I of the Civil Rights Act of 1991.

VII. Requested in Complaint Class Action:

Dollar Demand: Jury Demand: Yes

VIII. This case IS NOT a refiling of a previously dismissed case.

Signature:

UN.£ED STATES DISTRICT COUR’I JUDGE CASTILLO

NORTHERN DISTRICT OF ILLINOIS

In the Matter of

Eastern Division

COMMISSION v.

SERViCO ROLLING MEADO~$;,iNC d/b/a

HOLIDAY iNN ROLLING MEADOWS, a

"

Case Number:

32 61
.

APPEARANCES ~ ~BY FILED BY THE ~DERSIGNED AS A~O~Y(S) FOR:

U.S. EQUAL EMPLQN~NT O

ITY COMMISSION

"¯ " " "

NAME
Pamela S. Moore- bbs
FiRM
U.S. Equal ~mployment Opportunity Commission
STREET ADDRESS
,, 500...W,. Madison, Suite 2800 hlcago, Cdy/~rAT~ZlP IL 60661
~%~-~E~20
IDENtiFICATiON NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06197710

TELEPRONE NUMBER
(312) 353-7582
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06228901

~,~o~.~,

~, IZ .~~

~j "iliff l’J /ll 4, /i /] il i~ I

(D)

SIGNATURE

,~^’,~ t / 1/ "

NAME

fJfrm C./Hendr .~.s...o...n

r&M J i ..........

FIRM

U,S, E@al Employment Opportunity Commission

STREET AD@ES$
._.5_0_0 W. Madison, Suite 2800
_~_a_go, IL 60661
TELEPHONE NUMBER
(312) 353-8551
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 01187589

STREET ADDRESS CITY/STATE/ZIP TELEPHONE NUMBER IDENTIFICA"HON NUMBER (SEE I~EM 4 0N REVERSE)

MEMBER OF TRIAL BAR?

YESD

NOD

TRIAL ATTORNEY?

YES ~]

NO ~

 
 IN THE UNITED STATES DISTRJCT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

JUL O 2

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION, and MARIA MARTINEZ as )

Intervenor,

)

)

Plaintiff,

)

)

)

)

SERVICO ROLLING MEADOWS, INC, d/b/a )

HOLIDAY INN ROLLING MEADOWS, a

)

subsidiary of LODGIAN INC.

)

)

Defendant.

)

)

M/CHAEL W. CLERK, U.S.
NO. 02C 3261 JUDGE CASTILLO MAGISTRATE JUDGE DENLOW

INTERVENOR’S COMPLAINT Maria Martinez, by her counsel, complains of defendant Servico Rolling Meadows, Inc. d/b/a Holiday Inn Rolling Meadows, a subsidiary of Lodgian Inc. as follows:

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Acts of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII") and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and national origin and to provide appropriate relief to Maria Martinez and a class of females who were adversely affected by such practices. Plaintiffs contend that Servico Rolling Meadows, Inc. d/b/a Holiday Inn Rolling Meadows (Holiday Inn) subjected Maria Martinez to harassment because of her sex, female and national origin, Mexican. Plaintiffs also contend that Holiday Inn subjected a class of women to sexual harassment because of their sex (female) and national origin (Mexican), and further allege that Holiday Inn retaliate

against Martinez and a class of other females by subjecting them to different terms and conditions of employment constructively discharging them and/or discharging them in violation of the Title VII.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and I345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and § 102 of the Civil Rights Acts of 1991, 42 U.S.C. § 1981A. Martinez has intervened as a fight pursuant to 42 U.S.C. §2000(e)-5(f)(I) and Federal Rule of Civil Procedure 24. 2. The employment practices hereafter alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division.

PARTIES

3. Intervenor Martinez is a citizen of the United States who resides in Cook County,

Illinois. Martinez is the aggrieved party in this action and asserts this action on her own behalf.

4. Plaintiff, the Equal Employment Opportunity Commission, is an agency of the

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

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

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

’

2

5. At all times relevant, Defendant Servico Rolling Meadows, Inc. d/b/a Holiday Inn Rolling Meadows, an Illinois corporation, has continuously been doing business in the Northern District of Illinois and has continuously had at least fifteen employees.
6. At all times relevant, Holiday Inn has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 70 l(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this Iawsuit, Maria Martinez filed a charge with the Commission alleging violations of Title VII by Holiday Inn. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least August 1999, Defendant Holiday Inn has engaged in unlawful employment practices at its Rolling Meadows, Illinois facility, in violation of Sections 70 ] (K) and 703(a) of Title VII, 4:2 U.S.C. Sections 2000e(k) and 2(a). Such unlawful empIoyment practices have included: 1) subjecting Maria Martinez to harassment because of her sex (female) and national origin (Mexican), and subjecting a class of Mexican women employees to harassment because of their sex (female) and national origin (Mexican). Such unlawful employment practices have also included the constructive discharge, different terms and conditions and retaliatory discharge of Martinez because she resisted the sexual advances of her supervisor. 9. The effect of the practices complained of the above has been to deprive Martinez ofequat employment opportunities and otherwise adversely affect her status as an employee because of her sex (female) and national origin (Mexican).
3

10. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
11. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected fights of Martinez because of her sex (female) and national origin (Mexican).
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Holiday Inn, its officers, .. successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates because of sex or national origin. B. Order Defendant to institute and carry out policies, practices and programs which eradicate the effects of its past and present unlawful practices. C. Order Defendant to make whole Martinez by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other aff~rmative relief necessary to eradicate the effects of its unlawful employment practices, incIuding reinstatement where appropriate. D. Order Defendant to make whole Martinez by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including medical expenses, in amounts to be determined at trial. E. Order Defendant to make whole Martinez by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7
4

and 8 above, including emotional pain, inconvenience, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay Martinez punitive damages for its malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award Maria Martinez’ s attorneys fees and costs in this action.

JURY TRIAL DEMAND Martinez demands to exercise her right to jury trial on all questions of fact raised by its complaint.
Respectfully submitted,

M. MEGAN O’MALLEY
JOHN P. MADDEN O’MALLEY & MADDEN, P.C. 542 SOUTH DEARBORN STREET SUITE 660
CHICAGO, ILLINOIS 60605 PHONE: (312) 697-1382

sel~or Plain~ .....

 
 • •
Minute Order form (06197)

United States District Court, Northern District ofIllinois

Name of Assigned Judge or Magistrate Judge

Ruben Castillo

Sitting Judge If Other thaD Assigned Judge

CASE NUMBER

02 C 3261

DATE

6/12/2003

CASE TITLE
MOTION:

EEOC vs. Servico Rolling Meadows, Inc.
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff. and (b) state briefly the nature of the motion being presented.]

DOCKET ENTRY:

(I) o

Filed motion of [use listing in "Motion" box above.)

(2) o

Brief in support of motion due _ _.

o (3)

Answer brief to motion due___. Reply to answer brief due___.

(4) o

Ruling/Hearing on ___ set for _ _ at ___.

o (5)

Status hearing[heldlcontinued to) [set for/re-set for1on ___ set for ___ at ___.

(6) o

Pretrial conference[heldlcontinued to] [set for/re-set for] on _ _ set for ___ at _ _ _.

(7) o

Trial[set for/re-set for] on ___ at ___.

o (8)

[Bench/Jury trial] [Hearing] heldlcontinued to ___ at _ _.

(9) o

This case is dismissed [with/without) prejudice and without costs(by/agreementlpursuant to]
o FRCP4(m) 0 Local Rule 41.1 0 FRCP41(a)(I) 0 FRCP41(a)(2).

(10) • [Other docket entry] Plaintiff's motion for entry of consent decree [23-1] is granted. Enter Consent Decree. This case is hereby dismissed with prejudice.

(11) •

[For further detail see order attached to the

minute order.)

-

No notices required, advised in open court.

-

No notices required.

-

Notices mailed by judge's staff.

-

Notified counsel by telephone.

-- Docketing to mail notices.
--'---1
Mail AO 450 fonn. Copy to judge/magistrate judge.

nnO:l ~~k~~SIO 's'n

courtroom

£:~:~ Wcl ~ I tmr £0

RO

deputy's

initials

u;a- U l

central I

I in

mllilina deputy initiall

,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

DOCKETED
JUN 1 .2 l003

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

MARIA MARTINEZ,

}

)

Plaintiff· Intervenor,

)

)

v.

)

)

SERVICO ROLLING MEADOWS. INC. d/b/a )

HOLIDAY INN ROLLING MEADOWS, a )

subsidiary of LODGIAN INC.

)

)

Defendant.

)

)

Judge Castillo Magistrate Judge Denlow
Case No. 02 C 3261

CONSENT DECREE Plaintiff, Equal Employment Opportunity Commission (hereinafter "EEOC"), filed this action on May 7, 2002 in the United States District Court for the Northern District of llIinois, Eastern Division (the "Court"), alleging that Defendant Servico Rolling Meadows, Inc. d/b/a Holiday Inn Rolling Meadows ("Holiday Inn") discriminated against Charging Party Maria Martinez (hereinafter "Martinez"), in violation ofTitie VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et1\l9. ("Title VII") and § 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A, by subjecting Martinez and a class of Hispanic employees to harassment and a hostile work environment because of their sex (female) and national origin. Maria Martinez, represented by her own counsel, intervened in the EEOC's suit on July 16,2002. Holiday Inn has denied the allegations of the Complaints. As a result of the parties having engaged in

settlement discussions and solely for the purpose of amicably resolving remaining claims,
EEOC, Maria Martinez, and Holiday Inn have agreed that this action should be finally resolved
by entry of this Consent Decree. This Consent Decree is intended to and does fully and finally resolve any and aU claims arising out of the Complaints filed by the EEOC and Maria Martinez.
On December 20,2001, Holiday Inn, its parent company, Lodgian, and several affiliated companies, filed petitions for relief pursuant to Chapter 11 of the United States Bankruptcy Code. These cases are being jointly administered under Case No. 01-16345 (BRL) (LODGIAN, INC., et al.), before the Honorable Judge Burton R. Lifland in the Southern District of New York (the "Bankruptcy Court").
Findings Having examined the terms and provisions of this Consent Decree and based on the pleadings, records, and stipulations of the parties, this Court finds the following: A. This Court has jurisdiction over the subject matter of this action and over the parties. B. The terms and prOVisions of this Consent Decree are adequate, reasonable equitable and just. The rights of the parties are adequately protected by this Consent Decree. C. This Consent Decree conforms with the Federal Rules of Civil Procedure and
Title vn and is not in derogation of the rights and privileges of any person. The entry of this Consent Decree will further the objectives of Title vn and will be in the best interest of the
parties and the public. D. NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
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•
Non.Discrimination 1. In all matters arising from or relating to employment, Holiday Inn shall comply
vn with Title and will not discriminate on the basis of sex and national origin.
Non·Retaliation 2. Holiday Inn, and all persons in active concert or participation with it, shall not retaliate against, penalize or otherwise prejudice any person because that person opposed any practice made unlawful by Title VII; filed a Complaint or Charge; testified, assisted, or otherwise participated in any manner in any investigation, proceeding, hearing or litigation under Title VII; asserted any right under this Consent Decree; or otherwise exercised his or her rights under Title
VII.
&!!£[ 3. After the Consent Decree has been entered Maria Martinez shall provide to Holiday Inn an executed Settlement Agreement and General Release in a form approved by her own private attorney. The parties agree to resolve this litigation in accordance with the terms of (i) this Consent Decree; (ii) that certain Stipulation Resolving Claims Filed By Maria Martinez and the Equal Employment Opportunity Commission dated May [_1, 2003 resolving the proofs of claim filed by Martinez and the EEOC in Holiday Inn's bankruptcy cases; and (iii) that certain
Settlement Agreement and General Release dated May L l 2003, whereby Martinez is granted
an allowed general unsecured claim against Holiday Inn, subject to the terms of Holiday Inn's plan of reorganization, in the amount of ninety thousand dollars ($90,000), with any disbursements on account of such allowed general unsecured claim to be split between Martinez and her counsel as more fully set forth in the Settlement Agreement and General Release.
·3·

Notice Posting 4. Within twenty (20) days after the Court's entry of this Consent Decree and for the duration of this Decree, Holiday Inn will post, and keep posted, in a prominent location in its Rolling Meadows facility, where notices to employees are customarily kept or posted, the Notice attached to this Decree. Within twenty (20) days after the Consent Decree is entered Holiday Inn shall certify in writing to the Chicago District Office of the EEOC that the Notice has been posted, and shall inform the EEOC of the locations where it has been posted.
Record Keeping and Reporting 5. Holiday Inn shall maintain records of any complaints it receives relating to harassment based on sex and national origin and any action by Holiday Inn in response to such complaints relating to its Rolling Meadows facility. Holiday Inn shall maintain such records as required by this paragraph for the duration of the Consent Decree. 6. Beginning six (6) months after entry of this Consent Decree and every six months thereafter during the term of this Agreement, Holiday Inn shall furnish the EEOC with a report with the following information relating to its Rolling Meadows facility during the pendency of the Consent Decree: a. any claims or complaints of sex andlor national origin harassment; b. the names of all persons filing internal claims of sex andlor national origin
harassment; c. the name of any alleged sex andlor national origin harassers; d. Holiday Inn's resolution of any sex andlor national origin harassment complaints;
and
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e. copies of any and alJ written correspondence or reports regarding the resolution of such internal national origin harassment complaints.
Holiday Inn shall submit its final report to the EEOC two (2) weeks prior to the date on which the Decree is to expire.
Training 7. Within forty-five (45) days after entry of this Consent Decree, Holiday Inn shaH conduct training of managers and supervisors of Holiday Inn's Rolling Meadows facility regarding the requirements of Title VII. Holiday Inn shall submit to EEOC for approval, materials regarding the training session, including the credentials of the trainer, prior to such training. Within five (5) days after the completion of the training described above, Holiday Inn will certify to EEOC that the training has been completed, the names of the person(s) conducting the training, the time(s), duration and date(s) the training was held and a list identifying by name and position all individuals who received the training.
Duration of DecreeIRetention of Jurisdiction 8. The terms of this Consent Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree except as specifically set forth herein) for a period of two (2) years from the date on which this Consent Decree is entered.
Non-Admission of Wrongful Conduct 9. This Agreement shall not in any way be construed as an admission by the Company that it acted wrongfully with respect to Martinez or any other person.
Dispute Resolution 10. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the alleged
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..
non-complying party in writing of such non-compliance and afford the alleged non-complying party ten (10) 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 ten (10) business days, the complaining party may apply to the Court for appropriate relief. The Court will retain jurisdiction over resolution of such matter up to and including entry of any judgment against Holiday Inn, provided however, that in the event a monetary judgment is entered against Holiday Inn arising out of a breach of this Consent Decree, the Bankruptcy Court shall retain sole and exclusive jurisdiction over any execution, enforcement or collection upon any monetary judgment so entered. In the event that, upon the expiration date of this Decree, a dispute is pending pursuant to this paragraph, then the term of this Decree shall be extended, with respect to the issue in dispute only, until such t,ime as such dispute is resolved by the parties or the Court.
Miscellaneous Provisions 11. This Consent Decree shall be binding and enforceable against Holiday Inn and its successors and assigns. 12. Holiday Inn and its successors shall assure that all their officers, managers, and supervisors observe the terms of this Consent Decree. 13. When this Consent Decree requires the submission by Holiday Inn of reports, notices, or other materials to the Commission, such materials shall be mailed to: Holiday Inn Settlement, Equal Employment Opportunity Commission, Chicago District Office, Legal
,
Division, 500 West Madison, Suite 2800, Chicago, D1inois 60661.
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, .

ENTERED AND APPROVED FOR:
Equal Employment Opportunity Commission
NICHOLAS M. INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L. Street, N.W. Washingt ,DI.J.,;....;.!~rf/

For Maria Martinez
. egan O'Malley O'MALLEY & MADD , P, 542 South Dearborn Street Suite 660 Chicago, Illinois 60605 (312) 697-1382

~""'UI.gM"""'''<
Carol Maytlc Vice President, Huma

Pamela S. Moore-Gi bs Trial Attorney
Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 886-9120

BY:~~g~~~~~~~

Geo ge

guire (GM 3

919 Thi d Avenue

New York, NY 10022

Telephone: (212) 479 6140

Facsim,ile: (212) 479-6698

Counsel for the Official Committee of

Unsecured Creditors

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, JI..tI r;p 2003 11: 3S FR KING a. SPt=Uli NG L.LP

40dS72S143 TO 49S3U0?054~1~604 P.03/03

ENTERED AND Al'l'ROVED FOR:
Equal EmploymCDt 0pPOl1uDlty CommlllsJoD
NICHOLAS M. INZEO
Actina Deputy General Counxl
GWENDOLYN YOUNG REAMS Asaogiatt General Counsel
EQUALEMPLOYMrnNTOPPORTUNITY COMMISSION 1801 L street, N.W.
WashingtOn, D.C. 20S07

For Marla MartInez
M. Mca:1m O'Malley O'MALLEY &: MADDEN, P.C. 542 South DCZIl'born Street
Suite 660 ChiCDgo, IlIiDois 6060' (312) 697-1382

John C. HendrIckson Rcil10nal Attomcy
NoclleB= Supervisory TrUll Attorney

For Semeo RalUal Mcadows,lDc. .
Carol Mayne
VlclI Presidcnt, Human Resources
-and-
JaN?J:,::JJlltJJ-g(
SIUIlUIII M. Matchett
191 Peachtree Street
Atlanta, Georeia30303-1763 Telephonc: (404) 372-2414 Fac~imilc; (404) S72-S134
SpccilIl Counsel to the Debtors and Debtors in Posscssion

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** ** TOTFl.. PFKiE.B3

~,/2~

Date:

HonorabteRUbe11Cll;no United States District Judge

-8-
- - - - - - - - - - _..-.--

NOTICE TO ALL EMPLOYEES
This Notice is posted pursuant to the Consent Decree entered in June 2003 by the U.S. District Court resolving the lawsuit entitled U. S. Equal Employment Qpportunitv Commission v. Servico Rolling Meadows. Inc. d/b/a Holiday Inn Rolling Meadows, N.D. Illinois No. 02 C 3261. Holiday Inn will:
1. Not engage in any employment practice which discriminates on the basis of sex and national origin;
2. Make monetary payment to the individual who filed the charge of discrimination;
3. Provide training to managers and employees concerning laws prohibiting employment discrimination;
4. Maintain certain information relating to complaints and report to the EEOC for two (2) years.
Title VII of the Civil Rights Act of 1964, as amended, prohibits employers from discriminating on the basis of sex, race, color, religion or national origin. The Equal Employment Opportunity Commission is the agency responsible for enforcing Title VII. If you have any complaints of discrimination or questions concerning your rights under Title VII, you may contact the EEOC at the address and phone number given below.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED OR REMOVED
This Notice must remain posted for two (2) years from the date shown below and must not be
altered, defaced or covered by any other material. Any complaints of discrimination or questions concerning this Notice or compliance with its provisions may be directed to the Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661, (312) 353-2713.

Dated:_ _ _~=:""'L..O:--,/--"L-:::...A~c"",)~

....Judge Ruben Castillo United States District Court

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?778470151932723-L_35...
DENLOW, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-03261

Equal Employment Opp v. Servico Rolling Assigned to: Hon. Ruben Castillo Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 05/07/2002 Date Terminated: 02/18/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Pamela Sue Moore-Gibbs United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: pamela.moore-gibbs@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street Suite 1530 Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com ATTORNEY TO BE NOTICED

V. Defendant

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Servico Rolling Meadows, Inc. a subsidary of Lodgian Inc.
Intervenor Plaintiff Maria Martinez

represented by Elaine Saphier Fox Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312)346-8000 Email: efox@seyfarth.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Patrick McArdle Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312)346-8000 Email: rmcardle@seyfarth.com ATTORNEY TO BE NOTICED
Samuel M Matchett King & Spalding LLP 1180 Peachtree Street Atlanta, GA 30309 (404)572-4600 ATTORNEY TO BE NOTICED
represented by Margaret Megan O'Malley O'Malley & Madden, P.C. 542 South Dearborn Street Suite 660 Chicago, IL 60605 (312) 697-1382 Email: momalley@ompclaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Paul Madden O'Malley & Madden, P.C. 542 South Dearborn Street Suite 660 Chicago, IL 60605 (312) 697-1382 Email: jmadden@ompclaw.com ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

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05/07/2002
05/15/2002
06/13/2002 07/02/2002 07/02/2002 07/08/2002 07/08/2002 07/09/2002 07/15/2002 07/16/2002
07/18/2002
07/18/2002 07/18/2002 07/18/2002 07/31/2002

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Noelle Christine Brennan, Pamela Sue Moore-Gibbs as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: (1-1 through 1-3)) (gcy) (Entered: 05/07/2002)
SCHEDULE set on 5/15/02 by Hon. Ruben Castillo : After a review of the initial pleadings in this case, this Court has decided to hold an expedited settlement conference. Plaintiff's counsel is directed to immediately serve the complaint and exhaust all settlement possibilities for this lawsuit. The Court will hold a settlement conference on 7/18/02 at 11:00 a.m. Parties to file a joint status report on or before 7/16/02. (SEE REVERSE SIDE OF THIS ORDER FOR FURTHER INFORMATION.) Counsel for plaintiff to notify all other parties of the Court's Order. mailed notice (rao) (Entered: 05/15/2002)
2 WAIVER of service of summons as to defendant sent on 5/8/02 (yap) (Entered: 06/13/2002)
8 ATTORNEY APPEARANCE for intervenor plaintiff by Margaret Megan O'Malley, John Paul Madden (yap) (Entered: 07/17/2002)
9 INTERVENOR'S COMPLAINT by intervenor plaintiff; jury demand (yap) (Entered: 07/17/2002)
3 ATTORNEY APPEARANCE for defendant by Elaine Saphier Fox, Richard Patrick McArdle (yap) (Entered: 07/09/2002)
4 ANSWER by defendant to plaintiff's complaint [1-1] (yap) (Entered: 07/09/2002)
6 MOTION by Maria Martinez to intervene ; Notice (yap) (Entered: 07/17/2002)
5 INITIAL STATUS REPORT by plaintiff and defendant (yap) (Entered: 07/16/2002)
7 MINUTE ORDER of 7/16/02 by Hon. Ruben Castillo: Maria Martinez's motion to intervene [6-1] is granted. M. Megan O'Malley and John P. Madden are granted leave to file their appearance on behalf of intervenor plaintiff, Maria Martinez. Mailed notice (yap) (Entered: 07/17/2002)
SCHEDULE set on 7/18/02 by Hon. Ruben Castillo : Settlement conference held in chambers. The parties are requested to fully exhaust all remaining settlement possibilities for this case prior to the next status hearing. Status hearing set for 8/20/02 at 9:45 a.m. mailed notice (rao) (Entered: 07/18/2002)
10 INTERVENOR'S COMPLAINT by intervenor plaintiff; Notice (yap) (Entered: 07/23/2002)
11 APPLICATION for leave to appear pro hac vice for intervenor plaintiff by Samuel Matchett ; Order entered granting leave by Hon. Ruben Castillo (Attachment) (yap) (Entered: 07/23/2002)
12 ATTORNEY APPEARANCE for intervenor plaintiff by M. Megan O'Malley and John P. Madden (yap) (Entered: 07/23/2002)
SCHEDULE set on 7/31/02 by Hon. Ruben Castillo : Status hearing held and continued to 9/5/02 at 9:45 a.m. Status hearing set for 8/20/02 is vacated. mailed notice (rao) (Entered: 07/31/2002)

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08/02/2002 09/05/2002 09/05/2002 09/05/2002
09/11/2002 10/08/2002 10/31/2002 10/31/2002 11/26/2002 11/26/2002
01/15/2003 01/27/2003 02/11/2003

13 ANSWER by defendant to intervenor's complaint [10-1] (gcy) (Entered: 08/05/2002)
SCHEDULE set on 9/5/02 by Hon. Ruben Castillo : Status hearing held and continued to 10/31/02 at 9:45 a.m. mailed notice (rao) (Entered: 09/05/2002)
14 EXPEDITED REFERRAL ORDER: Case referred to Hon. Morton Denlow for settlement conference Mailed notice. (rao) (Entered: 09/05/2002)
SCHEDULE set on 9/5/02 by Hon. Morton Denlow : This case has been referred to Judge Denlow to conduct a settlement conference. Judge Denlow requires full compliance with the enclosed standing order before conducting a settlement conference. The parties shall jointly contact the courtroom deputy, Donna Kuempel, at 312/435-5857 with mutually agreeable dates or appear on 9/24/02 at 10:00 a.m. to set a settlement conference date. Because of the volume of settlement conferences conducted by Judge Denlow, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship. Mailed notice (dmk) (Entered: 09/05/2002)
SCHEDULE set on 9/11/02 by Hon. Morton Denlow : Settlement conference set for 2:00 10/10/02. Status hearing set for 9/24/02 is stricken. Mailed notice (dmk) (Entered: 09/11/2002)
SCHEDULE set on 10/8/02 by Hon. Morton Denlow : Settlement conference set for 10/10/02 is stricken on request of the Parties. Status hearing set to 10:00 10/31/02 . Mailed notice (dmk) (Entered: 10/08/2002)
SCHEDULE set on 10/31/02 by Hon. Ruben Castillo : Status hearing held and continued to 11/26/02 at 9:30 a.m. Jury trial set for 3/17/02 at 10:00 a.m. mailed notice (rao) (Entered: 10/31/2002)
SCHEDULE set on 10/31/02 by Hon. Morton Denlow : Status hearing held and continued to 10:00 11/26/02 . Mailed notice (mmm) (Entered: 10/31/2002)
SCHEDULE set on 11/26/02 by Hon. Ruben Castillo : Status hearing held and continued to 1/15/03 at 9:45 a.m. mailed notice (rao) (Entered: 11/26/2002)
15 MINUTE ORDER of 11/26/02 by Hon. Morton Denlow : Status hearing held and continued to 2/13/03 at 10:00 a.m. The parties to contact the courtroom deputy if they wish to schedule a settlement conference. Mailed notice (yap) (Entered: 12/02/2002)
SCHEDULE set on 1/15/03 by Hon. Ruben Castillo : Status hearing held and continued to 1/30/03 at 9:45 a.m. mailed notice (rao) (Entered: 01/15/2003)
SCHEDULE set on 1/27/03 by Hon. Ruben Castillo : Status hearing reset to 2/18/03 at 9:45 a.m. Status hearing set for 1/30/03 is vacated. mailed notice (rao) (Entered: 01/27/2003)
16 MINUTE ORDER of 2/11/03 by Hon. Morton Denlow : The parties having represented that this case has settled and they will present a dismissal order to Judge Castillo, the referral of this action having been resolved, the case is returned to the assigned judge. Status hearing set for 2/13/03 is stricken. , Terminating the case referral to Hon. Morton Denlow Mailed notice by judge's staff (eav) (Entered: 02/12/2003)

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02/18/2003
04/16/2003 04/21/2003
04/30/2003 05/30/2003 06/02/2003 06/03/2003 06/05/2003 06/12/2003

17 MINUTE ORDER of 2/18/03 by Hon. Ruben Castillo : Status hearing held. Trial set for 03/17/03 is vacated. Counsel appeared and advised the court that the parties have reached a tentative settlement. This lawsuit is hereby dismissed without prejudice subject to a dismissal with prejudice upon the filing of appropriate settlement documents and/or a consent decree on or before 04/22/03. terminating case Mailed notice (jmp) (Entered: 02/19/2003)
18 MOTION by plaintiff to enlarge time to file consent decree ; Notice. (fce) (Entered: 04/22/2003)
19 MINUTE ORDER of 4/21/03 by Hon. Ruben Castillo : Plaintiff's motion to enlarge time to file consent decree is granted [18-1]. The parties are given until 5/6/03 to file the consent decree, or alternatively, to reinstate this lawsuit. The parties do not need to appear for the motion call on 4/22/03. Mailed notice (fce) (Entered: 04/22/2003)
20 MINUTE ORDER of 4/30/03 by Hon. Ruben Castillo : Parties' oral request for an extension of time to submit the consent decree is granted. The parties are given until 5/30/03 to submit the consent decree or move to reinstate this lawsuit. Mailed notice (fce) (Entered: 05/01/2003)
21 MOTION by plaintiff to enlarge time to file consent decree ; Notice. (fce) (Entered: 06/03/2003)
22 MINUTE ORDER of 6/2/03 by Hon. Ruben Castillo : Plaintiff's motion to enlarge time to file consent decree is granted [21-1]. The parties are given until 6/5/03 to file the consent decree. The parties do not have to appear for the motion call on 6/10/03. Mailed notice (fce) (Entered: 06/03/2003)
23 MOTION by plaintiff for entry of consent decree (Attachments); Notice. (fce) (Entered: 06/06/2003)
24 MINUTE ORDER of 6/5/03 by Hon. Ruben Castillo : Plaintiff's motion for entry of consent decree [23-1] is entered and continued to 6/12/03. The parties do not have to appear for the motion call on 6/10/03. Mailed notice (fce) (Entered: 06/06/2003)
25 MINUTE ORDER of 6/12/03 by Hon. Ruben Castillo : Plaintiff's motion for entry of consent decree is granted [23-1]. This case is hereby dismissed with prejudice. (Entered Consent Decree.) Mailed notice (fce) (Entered: 06/12/2003)

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