IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CIVIL ACTION NO.c~ : 0~/7~/-35.~~

We
KENTUCKY CONVENTION HOTEL PARTNERS, LLC d/b/a LOUISVILLE MARRIOTT DOWNTOWN AND WHITE LODGING SERVICES CORPORATION,

COMPLAINT

Defendants.

JURY TRIAL DEMAND

NATURE OF THE ACTION

The United States Equal Employment Opportunity Commission (the "EEOC" or the

"Commission") brings this action against Kentucky Convention Hotel Partners, LLC d/b/a

Louisville Marriott Downtown ("LMD") and White Lodging Corporation ("White Lodging")

pursuant to Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991

to correct the unlawful employment practices of LMD and White Lodging, and to provide

appropriate relief to Fatuma Mahdi ("Mahdi"), Nurta Muya ("Muya"), Hawa Issa ("Issa") and

Sangabo A. Fayi ("Fayi") who were all adversely affected by such practices. As alleged in

paragraph seven below, LMD and White Lodging would not permit Mahdi, Muya, Issa and Fayi

to wear a hajib, a Muslin headdress, in observance of their sincerely held religious beliefs. LMD

and White Lodging refused to accommodate the religious beliefs of Mahdi, Muya, Issa and Fayi

and denied them employment as housekeepers.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §8 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 8 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 8 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Kentucky, Louisville Division.
PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. Defendant, LMD, at all relevant times has been a limited liability corporation doing business in the Commonwealth of Kentucky and the City of Louisville, Kentucky and employs at least 300 individuals. Defendant, White Lodging, at all relevant times was a corporation doing business in the Commonwealth of Kentucky and the City of Louisville, Kentucky and employs at least 300 individuals. 5. At all relevant times, LMD and White Lodging have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 70 l(b), (g) and (h) of Title VII, 42 U.S.C. 88 2000e(b), (g) and (h).
2

STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mahdi, Muya, Issa and Fayi filed charges with the Commission alleging violations of Title VII by LMD and White Lodging. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On May 21, 2005, HSS Staffing Solutions sent Mahdi, Muya, Issa and Fayi to LMD for employment in housekeeping positions. Mahdi, Muya, Issa and Fayi are Muslims and wear the hajib headdress as part of their faith. LMD and White Lodging failed to reasonably accommodate Mahdi, Muya, Issa and Fayi’s sincerely held religious beliefs, and denied them the .opportunity for employment when they refused to remove their hajib. LMD and White Lodging have violated of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) by subjecting Mahdi, Muya, Issa and Fayi to discrimination based on their religion, Islam. 8. The effect of the practice complained of in paragraph seven above has been to deprive Mahdi, Muya, Issa and Fayi of equal employment opportunities and to otherwise adversely affect their employee status because of their religion. 9. The unlawful employment practices complained of in paragraph seven above were intentional. 10. The unlawful employment practices complained of in paragraph seven above were done with malice or with reckless indifference to the federally protected rights of Mahdi, Muya, Issa and Fayi.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining LMD and White Lodging, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in
3

discrimination based on religion. B. Order LMD and White Lodging to institute and carry out policies, practices, and
programs which reasonably accommodate the religious beliefs of its employees and which eradicate the effects of its past and present unlawful employment practices based on religion.
C. Order LMD and White Lodging to make whole Mahdi, Muya, Issa and Fayi 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.
D. Order LMD and White Lodging to make whole Mahdi, Muya, Issa and Fayi by providing them compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above in amounts to be determined at trial.
E. Order LMD and White Lodging to make whole Mahdi, Muya, Issa and Fayi by providing them compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph seven above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, embarrassment and humiliation, in amounts to be determined at trial.
F. Order LMD and White Lodging to pay Mahdi, Muya, Issa and Fayi punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
4

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOKING REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N. W. Washington D. C. 20507
MI~~.ELLE EISELE. Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
101 West Ohio Street, Suite 1800 Indianapolis, IN 46204-4203
KENNETH W. BROWN Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Louisville Area Office 600 Martin Luther King, Jr. Place Suite 268 Louisville, Kentucky 40202-2285 (502) 582.5440 (Direct Dial) (502) 582.5437 (Facsimile)

 
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PLAINTIFF

v.

CIVIL ACTION NO. 3:06CV-353-S

KENTUCKY CONVENTION HOTEL PARTNERS, LLC d/b/a LOUISVILLE MARRIOTT DOWNTOWN, et al.

DEFENDANTS

MEMORANDUM OPINION

This matter is before the court on m otion of the defendant, Kentucky Convention Hotel Partners, LLC, d/b/a Louisville Marriott Downtown (“KCHP”), to dismiss the complaint as to it. KCHP has moved pursuant to Fed.R.Civ.P. 12(b)(6) and 56, alleging that it is not an entity which can be held liable under the Civil Rights Act, 42 U.S.C. § 2000e, as it is a property owner, not an employer.
The parties have provided the court with matters outside the pleadings in the formof various Equal Employment Opportunity Commission (“EEOC”) documents and a number of affidavits for consideration in deciding the present motion. The court will therefore consider the motion under the Fed.R.Civ.P. 56 summary judgment standard, in accordance with Fe d.R.Civ.P. 12(c)(“If, on a motion for judgm ent on the pleadings, m atters outside t he pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56”).
A party moving for summary judgment has the burden of showing that there are no genuine issues of fact and that the movant is entitled to summary judgment as a matter of law. Adickes v. S.H. Kress & Co., 398 U.S. 144, 151-60, 90 S. Ct. 1598, 16 L. Ed. 2d 142 (1970); Felix v. Young, 536 F.2d 1126, 1134 (6th Cir. 1976). Not every factual dispute between the parties will prevent summary judgment. The disputed facts m ust be material. They m ust be facts which, under the

substantive law governing the issue, m ight affect the outcome of the suit. Anderson v. Liberty Lobby, Inc., 106 S. Ct. 2505, 2510 (1986). The di spute must also be genuine. The facts m ust be such that if they were proven at trial, a reasonable jury could return a ve rdict for the non-moving party. Id. at 2510. The disputed issue does not have tobe resolved conclusively in favor of the nonmoving party, but that party is required to preesnt some significant probative evidence which makes it necessary to resolve the parties’ differing versions of the dispute at trial. First National Bank of Arizona v. Cities Service Co., 391 U.S. 253, 288-89 (1968). The evidence must be construed in a light most favorable to the party opposing the motion. Bohn Aluminum & Brass Corp. v. Storm King Corp., 303 F.2d 425 (6th Cir. 1962).
This matter arose from an incident occurring on May 21, 2005 at the Louisville Marriott Downtown hotel (“the hotel”). The plaintifs, Fatuma Mahdi, Nurta Muya, Hawa Issa, and Sangabo A. Fayi, are Somali women of the Muslim faith who wear the hijab head covering in accordance with their religious beliefs. Hospitality Staffing Solutions, LLC (“HSS”) attempted to place them in housekeeping positions at the hotel. On Ma y 21, 2005, Veronica Stessens, an HSS employee, took them to the hotel for interviews. According to S tessens’ statement, another HSS employee, Kathya Pascall, met with them and told the women that they would be required to wear uniforms when working at the hotel. Pascall also t old them that they would need to rem ove their head coverings which they declined to do. It is unclear whethe r this second directive was Pascall’s interpretation of the White Lodging Services Corporation’s1 dress code, or whether Pascall was told by Donald Payne, a White Lodging manager, that the wearing of hijabs would not be perm itted. Resolution of this point is not required, however, for decision on the present motion.
The women were not interviewed further. They returned to HSS, and positions were found for them at another hotel. Each of the wom en filed a charge of religious discrimination after the
1White Lodging Services Corporation is the manager of the hotel, pursuant to the June 26, 2006 ManagementAgreement between White Lodging and KCHP. The agreement is discussed in greater detail later in this opinion.
- 2 -

incident. The EEOC conducted an investigation and ultimately filed this action against KCHP and White Lodging. The complaint alleges that KCHP and White Lodging were employers as defined by 42 U.S.C. §§ 2000e(b), (g) and (h), and that they discriminated against Mahdi, Muya, Issa and Fayi on the basis of their religion. The plai ntiffs seek com pensatory and punitive dam ages, declaratory and injunctive relief.
In its motion to dismiss, KCHP states that it owns the hotel but does not operate or manage the facility. KCHP has provided a copy of th e Management Agreement between it and W hite Lodging entered into on June 26, 2003. That ag reement gave White Lodging full discretion and control in the management and operation of the hotel, including all matters related to employees and employment policies. See, Management Agreement, §§ 1.02 D; 1.02E; 1.04.
There is apparently no dispute t hat Stessens was an em ployee of HSS, Payne was an employee of White Lodging, and that KCHP has no employees. The EEOC asserts, however, that HSS and White Lodging were acting as the agents ofKCHP. Alternatively, it contends that KCHP was a joint employer with White Lodging in the management of the hotel.
EEOC notes that “[a]n agent is one who consents to act on behalf of another and subject to the other’s control See, Restatement (Second) of Agency § 1 (1958). An agent within the context of...employment discrimination statutes must be an agent with respect to em ployment practices.” Response to Motion to Dismiss, p. 5, quoting, Swallows v. Barnes & Noble Book Stores, Inc., 128 F.3d 990, 996 (6th Cir. 1997).
EEOC refers to Section 1.02B of the Management Agreement which states that “Manager shall manage the Hotel in accordan ce with System Standards.” E EOC then poses rhetorical questions concerning what this provision m eans and whether it evidences that KCHP retained control over the management of the hotel. “System Standards” is defined, in pertinent part, in the
- 3 -

agreement2 as “...the operational standards (for example,...staffing and employee compensation and benefits, etc.)...and...the physical standards...ge nerally prevailing or in the process of being implemented at other hotels in the Marriott System...” “Marriott System” is defined as “the chain of full-service hotels in the United States which are operated under the ‘Marriott’ trade name.” The Management Agreement establishes that the hotel was licensed a s a Marriott hotel by Marriott International, Inc., to be operated under a Marriott franchise agreem ent in accordance with its Marriott System Standards. Thus the question ofretention of control by KCHP is not addressed by the “System Standards” provision.
EEOC expressed concern that redacted portions of the Managem ent Agreement might indicate an agency relationship between KCHP and White Lodging. KCHP fi led the complete agreement under seal for review by the EEOC. Nofurther sections have been identified by EEOC as evidencing an agency relationship.
The court has been shown nothing to evidence that White Lodging and KCHP “share[d] or co-determine[d] those matters governing essential terms and conditions of employment,” Swallows, 128 F.3d at 993, such that they could be found to be joint employers in the staffing of the hotel. The Management Agreement clearly establishes White Lodging as the employer in staffing and operating the hotel> There is no evidence of joint exercise of control in these matters by KCHP.
There being no genuine issue of material fact, and for the reasons set forth herein, the motion of KCHP to dismiss the complaint as to it will be granted. A separate order will be entered this date in accordance with this opinion.
IT IS SO ORDERED.
May 21, 2007
2The definitions were redacted from the copy originally filed.
- 4 -

 
 Case: 3:06-cv-353 As of: 06/03/2017 01:59 PM EDT 1 of 6
CASREF,CLOSED,PROTOR
U.S. District Court Western District of Kentucky (Louisville) CIVIL DOCKET FOR CASE #: 3:06−cv−00353−CRS−DW

Equal Employment Opportunity Commission v. Kentucky Convention Hotel Partners, LLC et al Assigned to: Senior Judge Charles R. Simpson, III Referred to: Magistrate Judge Dave Whalin Cause: 28:451 Employment Discrimination
Plaintiff

Date Filed: 07/24/2006 Date Terminated: 07/21/2010 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Kenneth W. Brown EEOC 600 Martin Luther King, Jr. Place, Suite 268 Louisville, KY 40202−2285 502−582−5440 Fax: 502−582−5435 Email: kenneth.brown@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Eisele EEOC 101 W. Ohio Street, Suite 1900 Indianapolis, IN 46228 317−226−7059 Fax: 317−226−5571 Email: michelle.eisele@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Kentucky Convention Hotel Partners, LLC TERMINATED: 05/22/2007 doing business as Louisville Marriott Downtown TERMINATED: 05/22/2007
Defendant White Lodging Services Corp.

represented by Kevin M. Norris Smith & Smith 200 S. Fifth Street, Suite 400 Louisville, KY 40202 502−587−0761 Fax: 502−589−5345 Email: kmn@smithandsmithattorneys.com TERMINATED: 02/22/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
R. Gregg Hovious Middleton Reutlinger 401 S. Fourth Street, Suite 2600 Louisville, KY 40202 502−625−2740 Email: ghovious@middletonlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Thomas M. Williams Stoll Keenon Ogden PLLC − Louisville 500 W. Jefferson Street, Suite 2000 Louisville, KY 40202

Case: 3:06-cv-353 As of: 06/03/2017 01:59 PM EDT 2 of 6
502−560−4279 Fax: 502−627−8779 Email: tom.williams@skofirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Walter Lapp Sales Stoll Keenon Ogden PLLC − Louisville 500 W. Jefferson Street, Suite 2000 Louisville, KY 40202 502−560−4252 Fax: 502−627−8752 Email: walter.sales@skofirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey Calabrese Stoll Keenon Ogden PLLC − Louisville 500 W. Jefferson Street, Suite 2000 Louisville, KY 40202 502−568−5448 Fax: 502−562−0948 Email: jeff.calabrese@skofirm.com ATTORNEY TO BE NOTICED

Date Filed 07/24/2006 07/24/2006 07/24/2006 07/26/2006 09/15/2006 09/15/2006
09/25/2006 09/26/2006 10/24/2006

# Docket Text
1 COMPLAINT against Kentucky Convention Hotel Partners, LLC, White Lodging Services Corp., filed by Equal Employment Opportunity Commission. Filing Fee waived. (Attachments: # 1 Cover Sheet)(TLB) (Entered: 07/25/2006)
2 Case Assignment (Random Selection): Case Assigned to Charles R. Simpson III. Magistrate designation: Dave Whalin. (TLB) (Entered: 07/25/2006)
Summons Issued as to Kentucky Convention Hotel Partners, LLC, White Lodging Services Corp.. (TLB) (Entered: 07/25/2006)
3 SUMMONS Returned Executed as to Kentucky Convention Hotel Partners, LLC served on 7/26/2006, answer due 8/15/2006; White Lodging Services Corp. served on 7/26/2006, answer due 8/15/2006. (TLB) (Entered: 07/28/2006)
4 ANSWER to Complaint by White Lodging Services Corp..(Williams, Thomas) (Entered: 09/15/2006)
5 MOTION to Dismiss by Kentucky Convention Hotel Partners, LLC. Responses due by 10/3/2006 (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Exhibit A Poe Affidavit# 4 Exhibit B Stessens Statement# 5 Exhibit C Payne Statement# 6 Exhibit D Management Agreement)(Hovious, R.) (Entered: 09/15/2006)
6 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss by Equal Employment Opportunity Commission. Responses due by 10/2/2006 (Attachments: # 1 Proposed Order)(Brown, Kenneth) (Entered: 09/25/2006)
7 ORDER by Dave Whalin on 9/26/06; granting 6 Motion for Extension of Time to File Response to Motion 5 . Extension granted until 10/24/06. cc:Counsel(JBM) (Entered: 09/26/2006)
8 RESPONSE to Motion re 6 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss, 5 MOTION to Dismiss Response to Motion to Dismiss by Equal Employment Opportunity Commission. Replies due by 11/7/2006. (Attachments: # 1 Exhibit EEOC Information Sheet# 2 Exhibit Affidavit of Rasool# 3 Exhibit Interview with Mesa# 4 Exhibit Interview with Stessens# 5 Exhibit EEOC Questionnaire# 6 Exhibit Mahdi Charge of Discrimination# 7 Exhibit Muya Charge of Discrimination# 8 Exhibit Fayi Charge of Discrimination# 9 Exhibit Issa Charge of Discrimination# 10 Exhibit Myer Letter dtd June 29, 2005# 11 Exhibit Position Statement by Myer)(Brown, Kenneth) Additional attachment(s) added on 11/1/2006:

Case: 3:06-cv-353 As of: 06/03/2017 01:59 PM EDT 3 of 6

10/25/2006 11/07/2006 11/09/2006 11/13/2006 11/13/2006
11/13/2006 01/29/2007 02/15/2007 02/22/2007 05/11/2007 05/22/2007
05/22/2007
05/22/2007 07/16/2007 08/15/2007
08/22/2007 09/24/2007

Proposed Order (NMB). (Entered: 10/24/2006)
9 Proposed Order re 8 Response to Motion,, by Equal Employment Opportunity Commission. (Brown, Kenneth) (Entered: 10/25/2006)
10 MOTION for Extension of Time to File Response/Reply as to 8 Response to Motion,,, by Kentucky Convention Hotel Partners, LLC. Responses due by 11/15/2006 (Attachments: # 1 Proposed Order)(Norris, Kevin) (Entered: 11/07/2006)
11 Proposed Agreed Order/Stipulation Protective Order. by Equal Employment Opportunity Commission, Kentucky Convention Hotel Partners, LLC, White Lodging Services Corp.. (Norris, Kevin) (Entered: 11/09/2006)
12 AGREED PROTECTIVE ORDER by Magistrate Judge Dave Whalin on 11/13/2006;cc:Counsel(RLK) (Entered: 11/13/2006)
13 ORDER by Magistrate Judge Dave Whalin on 11/13/2006; granting 10 Motion for Extension of Time to File Response. Louisville Marriott Downtown shall have until 11/13/2006 to file its Reply in support of its motion to dismiss. cc:Counsel(RLK) (Entered: 11/13/2006)
14 REPLY to Response to Motion re 5 MOTION to Dismiss by Kentucky Convention Hotel Partners, LLC. (Attachments: # 1 Exhibit A − Poe Affidavit# 2 Exhibit B − Myer Affidavit)(Hovious, R.) (Entered: 11/13/2006)
16 NOTICE of Appearance/Substitution by Jeffrey Calabrese on behalf of White Lodging Services Corp. (Calabrese, Jeffrey) (Entered: 01/29/2007)
17 MOTION to Withdraw as Attorney Kevin M. Norris by Kentucky Convention Hotel Partners, LLC. Responses due by 3/5/2007 (Attachments: # 1 Proposed Order)(Norris, Kevin) (Entered: 02/15/2007)
18 ORDER by Judge Charles R. Simpson III on 2/22/07 granting 17 Motion to Withdraw as Attorney by Kevin Norris. cc:Counsel(NMB) (Entered: 02/22/2007)
19 MOTION to Notice of Sealed Document by Kentucky Convention Hotel Partners, LLC. Responses due by 5/29/2007 (Hovious, R.) (Entered: 05/11/2007)
20 MEMORANDUM AND OPINION by Judge Charles R. Simpson III on 5/21/07 re 5 MOTION to Dismiss filed by Kentucky Convention Hotel Partners, LLC. Court will enter separate Order in accordance with this opinion.cc:Counsel(NMB) (Entered: 05/22/2007)
ORDER by Judge Charles R. Simpson III on 5/21/07 granting 5 Motion to Dismiss for reasons set forth in 20 Memorandum Opinion. Action is DISMISSED WITH PREJUDICE AS TO KENTUCKY CONVENTION HOTEL PARTNERS, LLC. cc:Counsel(NMB) (Entered: 05/22/2007)
21 NOTICE OF DOCKET CORRECTION re: Order on Motion to Dismiss. No document attached to entry; document attached to this entry. (NMB) (Entered: 05/22/2007)
22 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/16/2007)
23 ORDER by Judge Charles R. Simpson III (eboc) on 8/14/07 Referring Case to Magistrate Judge Dave Whalin. Scheduling Conference set for 9/12/2007 at 11:30 AM in Chambers before Magistrate Judge Whalin. Parties to comply with remainder of Order as set forth.cc:Counsel(NMB) (Entered: 08/15/2007)
24 ORDER by USMJ Dave Whalin (eboc) on 8/21/07: Scheduling Conference previously set for 9/12/07 is moved to 10/3/2007 at 2:30 PM.cc:Counsel (NMB) (Entered: 08/22/2007)
25 Plaintiff's Scheduling Conference Statement CONFERENCE STATEMENT re 24 Order, 23 Order Referring Case to Magistrate Judge, Schedules,, by Equal Employment Opportunity Commission. (Brown, Kenneth) (Entered: 09/24/2007)

Case: 3:06-cv-353 As of: 06/03/2017 01:59 PM EDT 4 of 6

09/27/2007 10/03/2007 10/09/2007
12/05/2007 01/30/2008 03/26/2008 04/18/2008
05/23/2008 05/23/2008 05/23/2008 07/23/2008 07/23/2008 07/23/2008 07/23/2008
09/22/2008 09/23/2008 09/25/2008 10/15/2008 11/03/2008

26 Scheduling CONFERENCE STATEMENT re 23 Order Referring Case to Magistrate Judge, Schedules,, by White Lodging Services Corp.. (Calabrese, Jeffrey) (Entered: 09/27/2007)
Proceedings held before Magistrate Judge Dave Whalin : Scheduling Conference held on 10/3/2007. (NM) (Entered: 10/09/2007)
27 ORDER by Magistrate Judge Dave Whalin on 10/5/07. Scheduling Conference held 10/3/07. Amended Pleadings due by 12/1/2007. Discovery due by 7/1/2008. Dispositive Motions due by 9/1/2008. Expert Witness (Defendant) due by 1/2/2008. Expert Witness (Plaintiff) due by 12/1/2007. Joinder of Parties due by 12/1/2007. Telephonic Status Conference set for 12/5/2007 at 10:15 AM. cc:Counsel (NM) (Entered: 10/09/2007)
28 Order for proceedings held before Magistrate Judge Dave Whalin: Telephonic Status Conference held on 12/5/2007. Further Telephonic Status Conference set for 1/30/2008 at 11:30 AM. cc: counsel (NM) (Entered: 12/11/2007)
29 Order (eboc) for proceedings held before Magistrate Judge Dave Whalin: Telephonic Status Conference held on 1/30/2008. Further Telephonic Status Conference set for 3/26/2008 at 09:45 AM. cc: counsel (NM) (Entered: 01/31/2008)
30 Order (eboc) for proceedings held before Magistrate Judge Dave Whalin: Telephonic Status Conference held on 3/26/2008. Further Telephonic Status Conference set for 4/16/2008 at 10:15 AM. cc: counsel (NM) (Entered: 03/27/2008)
31 Order (eboc) for proceedings held before Magistrate Judge Dave Whalin: Telephonic Status Conference was held on 4/16/2008. Discovery due by 8/1/2008. Dispositive Motions due by 9/1/2008. Further Telephonic Status Conference was set for 7/23/2008 at 09:30 AM before Magistrate Judge Dave Whalin. cc: Counsel (RLK) (Entered: 04/18/2008)
32 NOTICE to Take Deposition of Fatuma Mahdi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 05/23/2008)
33 NOTICE to Take Deposition of Hawa Issa by White Lodging Services Corp.. (Williams, Thomas) (Entered: 05/23/2008)
34 NOTICE to Take Deposition of Sangabo A. Fayi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 05/23/2008)
35 NOTICE to Take Deposition of Hawa Issa by White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/23/2008)
36 NOTICE to Take Deposition of Fatuma Mahdi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/23/2008)
37 NOTICE to Take Deposition of Sangabo A. Fayi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/23/2008)
38 Order (eboc) for proceedings held before Magistrate Judge Dave Whalin signed on 8/6/08: Telephonic Status Conference held on 7/23/2008. Discovery due by 10/1/2008. Dispositive Motions due by 11/1/2008. Further Telephonic Status Conference set for 9/25/2008 at 09:30 AM cc:counsel (NM) (Entered: 08/08/2008)
39 NOTICE to Take Deposition of Nurta Muya by White Lodging Services Corp.. (Williams, Thomas) (Entered: 09/22/2008)
40 NOTICE to Take Deposition of Nurta Muya (Amended) by White Lodging Services Corp.. (Williams, Thomas) (Entered: 09/23/2008)
41 Order (eboc) for proceedings held before Magistrate Judge Dave Whalin: Telephonic Status Conference held on 9/25/2008. Discovery due by 11/15/2008. Dispositive Motions due by 12/25/2008. cc:counsel (NM) (Entered: 10/07/2008)
42 NOTICE to Take Deposition of Veronica Stessons by White Lodging Services Corp.. (Williams, Thomas) (Entered: 10/15/2008)
43 NOTICE TO TAKE DEPOSITION of Veronica Stessenson November 10, 2008 by White Lodging Services Corp.. (Williams, Thomas) Modified on 11/7/2008: changed

Case: 3:06-cv-353 As of: 06/03/2017 01:59 PM EDT 5 of 6

12/22/2008 12/24/2008 01/05/2009
01/06/2009 01/09/2009 01/21/2009 01/23/2009 02/06/2009
02/17/2009 02/20/2009 03/12/2009 04/01/2009

from deposition to notice (NM). (Entered: 11/03/2008)
44 Joint MOTION for Extension of Time to File dispositive motions by Plaintiff Equal Employment Opportunity Commission, Defendant White Lodging Services Corp. Responses due by 1/2/2009 (Attachments: # 1 Proposed Order Agreed Order) (Williams, Thomas) Modified on 12/23/2008: noted joint (NM). (Entered: 12/22/2008)
45 AGREED ORDER by Magistrate Judge Dave Whalin on 12/24/08: Dispositive Motions due by 1/5/2009.cc:counsel (NM) (Entered: 12/24/2008)
46 MOTION for Summary Judgment by Defendant White Lodging Services Corp. Responses due by 1/23/2009 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A−part 1−depo of Pascall, # 3 Exhibit A−part 2−depo of Pascall, # 4 Exhibit A−part 3−depo of Pascall, # 5 Exhibit A−part 4−depo of Pascall, # 6 Exhibit B−part 1 Depo of Payne, # 7 Exhibit B−part 2 Depo of Payne, # 8 Exhibit B−part 3 Depo of Payne, # 9 Exhibit B−part 4 Depo of Payne, # 10 Exhibit C−Agreement, # 11 Exhibit D−Depo of Stessens, # 12 Exhibit E−Employee Handbook, # 13 Exhibit F−Depo of Saidi, # 14 Exhibit G−Depo of Issa, # 15 Exhibit H−Depo of Mahdi, # 16 Exhibit I−EEOC Info Sheet, # 17 Affidavit of Chuck Lamotte, # 18 Proposed Order) (Williams, Thomas) (Additional attachment(s) added on 1/9/2009: # 19 Exhibit I) (TLB). (Entered: 01/05/2009)
47 MOTION to Strike 46 MOTION for Summary Judgment by Defendant White Lodging Services Corp. Responses due by 1/26/2009 (Attachments: # 1 Exhibit I−Redacted Version of EEOC Info Sheet, # 2 Proposed Order) (Williams, Thomas) (Entered: 01/06/2009)
48 ORDER by Judge Charles R. Simpson, III on 1/7/2009 granting 47 motion to strike and substitute Exhibit I re 46 MOTION for Summary Judgment. cc:counsel (TLB) (Entered: 01/09/2009)
49 Joint MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment by Plaintiff Equal Employment Opportunity Commission Responses due by 2/2/2009 (Attachments: # 1 Proposed Order For Enlargement of Time) (Brown, Kenneth) Modified on 1/22/2009: noted joint (NM). (Entered: 01/21/2009)
50 AGREED ORDER signed by Judge Charles R. Simpson, III on 1/22/2009, GRANTING 49 Joint Motion for Extension of Time to File Response. Plaintiff's response to 46 Defendant's Motion for Summary Judgment is due by 2/6/2009. cc: Counsel (RLK) (Entered: 01/23/2009)
51 RESPONSE to Motion re 46 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. Replies due by 2/20/2009. (Attachments: # 1 Plt Points and Authorities, # 2 Plt's List of Exhibits, # 3 Proposed Order, # 4 Exhibit No. 1, # 5 Exhibit No. 2, # 6 Exhibit, # 7 Exhibit 4 part 1, # 8 Exhibit 4 part 2, # 9 Exhibit No. 5, # 10 Exhibit No 6, # 11 Exhibit No 7 part 1, # 12 Exhibit No. 7 part 2, # 13 Exhibit No. 8, # 14 Exhibit No. 9, # 15 Exhibit No 10, # 16 Exhibit No. 11, # 17 Exhibit No. 12, # 18 Exhibit No. 13, # 19 Exhibit No. 14, # 20 Exhibit No. 15) (Brown, Kenneth) (Entered: 02/06/2009)
52 Proposed Agreed Order/Stipulation by White Lodging Services Corp.. (Williams, Thomas) (Entered: 02/17/2009)
53 AGREED ORDER by Judge Charles R. Simpson, III on 2/19/2009; 46 MOTION for Summary Judgment : Replies due by 3/13/2009.cc:counsel (TLB) (Entered: 02/20/2009)
54 REPLY re 46 MOTION for Summary Judgment filed by White Lodging Services Corp. (Williams, Thomas) Modified on 3/13/09: removed link to Response (NM). (Entered: 03/12/2009)
55 MOTION for Leave to File Surreply filed by Equal Employment Opportunity Commission. Responses due by 4/18/09. (Attachments: # 1 Tendered Sur−Reply, # 2 Proposed Order, # 3 Affidavit Veronica Stessens) (Brown, Kenneth) Modified on 4/2/2009: changed from response to motion , to motion; correct description of attachment (NM). (Entered: 04/01/2009)

Case: 3:06-cv-353 As of: 06/03/2017 01:59 PM EDT 6 of 6

04/15/2009 03/31/2010 04/26/2010 04/30/2010
06/21/2010
06/28/2010 07/21/2010

56 RESPONSE to re 55 MOTION for Leave to filed by White Lodging Services Corp.. (Attachments: # 1 Proposed Order) (Williams, Thomas) (Entered: 04/15/2009)
57 MEMORANDUM OPINION AND ORDER signed by Judge Charles R. Simpson, III on 3/31/2010. For the reasons set forth, 55 Plaintiff's Motion for Leave to file a surreply is GRANTED, and 46 Defendant's Motion for Summary Judgment is DENIED. cc: Counsel (RLK) (Entered: 03/31/2010)
58 Joint MOTION for Hearing and settlement conference by Plaintiff Equal Employment Opportunity Commission, and Defendant White Lodging Services Corp. Responses due by 5/20/2010. (Attachments: # 1 Proposed Order) (Brown, Kenneth) Modified on 4/27/2010: added party filer (RLK). (Entered: 04/26/2010)
59 ORDER FOR SETTLEMENT CONFERENCE signed by Magistrate Judge Dave Whalin on 4/29/2010. Settlement Conference is set for 6/25/2010 at 09:00 AM before Magistrate Judge Dave Whalin. Parties to submit a CONFIDENTIAL settlement statement to the Magistrate Judge, by mail, at least seven (7) days prior to the Conference. Parties to comply with remainder of Order as set forth.cc: Counsel (RLK) (Entered: 04/30/2010)
60 ORDER signed by Magistrate Judge Dave Whalin on 6/21/2010. Counsel has advised that all claims have been resolved. Settlement Conference set for 6/25/2010 is REMANDED. Parties to execute a detailed settlement agreement and release of all claims within twenty (20) days of the date of this Order. Magistrate Judge recommends action be dismissed as settled, with prejudice, with leave to reinstate within thirty (30) days should parties fail to fulfill the terms of the settlement agreement.cc: Counsel (RLK) (Entered: 06/21/2010)
61 Joint MOTION to Submit Consent Decree by Plaintiff Equal Employment Opportunity Commission, and Defendant White Lodging Services Corp. (Attachments: # 1 Proposed Consent Decree). Responses due by 7/22/2010. (Brown, Kenneth) Modified on 6/29/2010: changed from a Settlement Statement to a Motion, set Response date, and added party filer (RLK). (Entered: 06/28/2010)
62 CONSENT DECREE signed by Judge Charles R. Simpson, III on 7/14/2010. This is a final and appealable Order. cc: Counsel (RLK) (Entered: 07/21/2010)