Case: EEOC v. INTOWN SUITES MANAGEMENT, INC.

1:03-cv-01494 | U.S. District Court for the Northern District of Georgia

Filed Date: May 27, 2003

Closed Date: Nov. 21, 2005

Clearinghouse coding complete

Case Summary

The Atlanta Office of the EEOC filed this action in the District Court for the Southern District of Georgia. The Defendant was Intown Suites, Inc., an apartment-style hotel chain. The controversy involved the alleged retaliation against the complainant in response to her complaint that she was opposed to the company policy of not hiring minorities for management positions. The complainant intervened and also alleged that the company had a pattern of discriminating against people of color. T…

The Atlanta Office of the EEOC filed this action in the District Court for the Southern District of Georgia. The Defendant was Intown Suites, Inc., an apartment-style hotel chain. The controversy involved the alleged retaliation against the complainant in response to her complaint that she was opposed to the company policy of not hiring minorities for management positions. The complainant intervened and also alleged that the company had a pattern of discriminating against people of color. The lawsuit was filed in May of 2003 and was eventually resolved by consent decree in December of 2005. The litigation involved numerous motions by each side to compel discovery and for sanctions. Each side filed motions for summary judgment, with the motion of the complainant being partially granted. The complainant was awarded $317,000 and a guarantee of neutral reference. In addition, the company had to post a Notice and adopt a written policy prohibiting discrimination, as well as provide training. The decree was to last for two years.

The decree was entered in 2005 and scheduled to last until 2007. No further docket entries exist, so the case is closed.

Summary Authors

Kevin Wilemon (7/3/2007)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment v. Intown Suites

Dec. 6, 2005 Docket
1

Complaint

Equal Employment Opportunity Commission v. Intown Suites Management, Inc.

May 27, 2003 Complaint
7

Complaint [Intervenor]

Equal Employment Opportunity Commission and Diane Cantu v. Intown Suites Management, Inc.

July 17, 2003 Pleading / Motion / Brief
20

Consent Protective Order

Equal Employment Opportunity Commission and Diane Cantu v. Intown Suites Management, Inc.

Oct. 29, 2003 Order/Opinion
60

Omnibus Order

Equal Employment Opportunity Commission and Diane Cantu v. Intown Suites Management, Inc.

Feb. 11, 2004 Order/Opinion
62

Order [granting Protective Order]

Equal Employment Opportunity Commission and Diane Cantu v. Intown Suites Management, Inc.

Feb. 20, 2004 Order/Opinion
136

Order [denying Summary Judgment]

Equal Employment Opportunity Commission and Diane Cantu v. Intown Suites Management, Inc.

Feb. 24, 2005 Order/Opinion
151

Memorandum Opinion

Equal Employment Opportunity Commission and Diane Cantu v. Intown Suites Management, Inc.

April 26, 2005 Order/Opinion
176

Consent Decree

Equal Employment Opportunity Commission and Diane Cantu v. Intown Suites Management, Inc.

Nov. 21, 2005 Settlement Agreement
178

Stipulation of Dismissal with Prejudice

Equal Employment Opportunity Commission and Diane Cantu v. Intown Suites Management, Inc.

Nov. 30, 2005 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand (daf) (Entered: 06/02/2003)

May 27, 2003

CASE REFERRED to Mag Judge Walter E. Johnson (Calendar sheets forwarded) (daf) (Entered: 06/02/2003)

May 27, 2003
2

MOTION by Proposed Intervenor to intervene with brief in support with prop order. (cdg) (Entered: 06/04/2003)

June 2, 2003
3

WAIVER OF SERVICE Returned Executed as to Intown Suites mailed 5/27/03 Answer due by 7/26/03 for Intown Suites (cdg) (Entered: 06/10/2003)

June 6, 2003
4

ANSWER by defendant to complaint [1-1] Discovery ends 11/16/03 (cdg) (Entered: 06/19/2003)

June 19, 2003

SUBMITTED to Judge Robert L. Vining Jr. on [2-1] motion to intervene (cdg) (Entered: 06/26/2003)

June 26, 2003

Terminated submissions. (cdg) (Entered: 07/10/2003)

July 2, 2003
6

ORDER by Judge Robert L. Vining Jr. GRANTING [2-1] motion to intervene. Ms. Cantu is directed to serve and file her intervenor complaint within 10 days from the date of the docketing of this order [6-1] order to be submitted on 7/25/03 (cc) (cdg) (Entered: 07/14/2003)

July 11, 2003
7

Intervenor's complaint against defendant Intown Suites (cdg) (Entered: 07/21/2003)

July 17, 2003
8

Summons issued for defendant (cdg) (Entered: 07/21/2003)

July 17, 2003
9

CONSENT ORDER by Mag Judge Walter E. Johnson, extending time thru 12/1/03 for discovery and for parties to file their responses to initial disclosures and the Joint preliminary report and discovery plan (cc) (cdg) (Entered: 07/24/2003)

July 21, 2003
10

ANSWERS TO INITIAL DISCLOSURES by defendant (cdg) (Entered: 08/05/2003)

Aug. 4, 2003
11

Plaintiff-intervenor and dft's Certificate of interested persons. (to mag and judge) (cdg) (Entered: 08/05/2003)

Aug. 4, 2003
12

Preliminary Report and Discovery Schedule. (to WEJ) (dfb) (Entered: 08/06/2003)

Aug. 4, 2003
13

ANSWERS TO INITIAL DISCLOSURES by plaintiff Equal Employment. (dfb) (Entered: 08/06/2003)

Aug. 4, 2003
14

ANSWER by defendant to complaint [7-1] Discovery ends 1/5/04 (cdg) (Entered: 08/12/2003)

Aug. 8, 2003
15

SCHEDULING ORDER by Mag Judge Walter E. Johnson APPROVING [12-1] preliminary statement (cc) (cdg) (Entered: 08/13/2003)

Aug. 11, 2003
16

MOTION by intervenor for expedited ruling (cdg) (Entered: 10/01/2003)

Sept. 25, 2003
17

MOTION by intervenor for protective order , and for permission to file under seal ***BRIEF IN SUPPORT FILED UNDER SEAL*** (cdg) (Entered: 10/01/2003)

Sept. 25, 2003

Agreement letter mailed to clerks office to withdraw [17-1] motion for protective order. The motion has been termed per [18-1] order from Judge Johnson. Letter will be placed in the file. (cdg) (Entered: 10/17/2003)

Oct. 9, 2003
18

ORDER by Mag Judge Walter E. Johnson DENYING AS MOOT the [16-1] motion for expedited ruling by Rick Fee, DENYING AS MOOT the [17-1] motion for protective order by Rick Fee, GRANTING [17-2] motion for permission to file under seal (cc) (cdg) (Entered: 10/15/2003)

Oct. 10, 2003
19

SUPPLEMENTAL ANSWERS TO INITIAL DISCLOSURES by intervenor-plaintiff (cdg) (Entered: 10/20/2003)

Oct. 17, 2003
20

PROTECTIVE ORDER ENTERED. (cdg) (Entered: 10/31/2003)

Oct. 29, 2003
22

Notice of filing withdrawal of atty Steven M. Tapper for plaintiff. (cdg) (Entered: 11/07/2003)

Oct. 29, 2003
23

TELE-CONFERENCE HELD before Mag Judge Walter E. Johnson on 11/5/03 at 11:00am in Rome. (cdg) (Entered: 11/10/2003)

Nov. 6, 2003

VERBAL ORDER by Mag Judge Walter E. Johnson. Plaintiff-Intervenor produce requested documents (tape, tape transcript journals & daytimers) IMMEDIATELY. It is futher ORDERED that defendant shall reopen the deposition of plaintiff-intervenor fro an additional two hours for the limited purpose of examining her regarding these documents. Discovery is extended through 12/31/03. (cdg) (Entered: 11/10/2003)

Nov. 6, 2003
24

MOTION by intervenor-plaintiff to compel discovery responses and request fro discovery with brief in support. (cdg) (Entered: 11/25/2003)

Nov. 21, 2003
25

MOTION by plaintiff to compel discovery responses for sanctions , and to extend time for an additional 45 days beyond the date of its entry of the order deciding the motion to compel with brief in support. (cdg) (Entered: 12/01/2003)

Nov. 21, 2003
24

MOTION by intervenor-plaintiff Diane Cantu to extend time for discovery with brief in support. (Inc. in motion to compel) (jph) (Entered: 02/24/2004)

Nov. 21, 2003
25

MOTION by plaintiff to extend time for discovery , and for sanctions with brief in support. (jph) (Entered: 02/24/2004)

Nov. 21, 2003
26

MOTION by defendant for protective order , and for sanctions with brief in support. (cdg) (Entered: 12/01/2003)

Nov. 26, 2003
27

Notice of issuance of subpoena for deposition of Richard Rydin by plaintiff. (cdg) (Entered: 12/09/2003)

Dec. 5, 2003
28

Attorney appearance for plaintiff by Lakisha C. Duckett. (cdg) (Entered: 12/09/2003)

Dec. 5, 2003
29

Notice of filing subpoena for the production of documents to Brinker International by intervenor-plaintiff. (cdg) (Entered: 12/09/2003)

Dec. 8, 2003
30

Response by defendant in opposition to [24-1] motion to compel discovery responses and request fro discovery (cdg) (Entered: 12/10/2003)

Dec. 8, 2003
30

MOTION by defendant for expenses with brief in support. (Inc. in opposition to Motion to compel.) (jph) (Entered: 02/24/2004)

Dec. 8, 2003
33

Notice of filing issuance of subpoena for deposition of Connie Pate by plaintiff. (cdg) (Entered: 12/16/2003)

Dec. 10, 2003
31

Response by defendant in opposition to [25-1] motion to compel discovery responses for sanctions (cdg) (Entered: 12/12/2003)

Dec. 11, 2003
34

Notice of filing issuance of subpoena for deposition of Leif Hartkopf by Proposed Intervenor. (cdg) (Entered: 12/16/2003)

Dec. 11, 2003
32

Certificate of service of notice of intervenor's deposition as to defendant (cdg) (Entered: 12/15/2003)

Dec. 12, 2003

Proposed Consent order by parties extendign time thru 12/24/03 for intervenor/plaintiff to a response brief. (to WEJ) (cdg) (Entered: 12/19/2003)

Dec. 17, 2003
35

Certificate of service for taking depositions as to defendant (cdg) (Entered: 12/22/2003)

Dec. 17, 2003
36

MOTION by defendant Intown Suites to extend the dispositive motion deadline with brief in support. (dfb) (Entered: 12/24/2003)

Dec. 19, 2003
37

Reply brief to [24-1] motion to compel discovery responses and request for discovery by intervenor-plaintiff. (cdg) (Entered: 12/30/2003)

Dec. 23, 2003
38

AMENDED Certificate of service of notice of taking deposition as to intervenor-plaintiff Diane Cantu (cdg) (Entered: 12/30/2003)

Dec. 24, 2003
39

Response by intervenor-plaintiff to [26-1] motion for protective order, [26-2] motion for sanctions (cdg) (Entered: 12/30/2003)

Dec. 24, 2003

SUBMITTED to Mag Judge Walter E. Johnson on [24-1] motion to compel discovery responses and request fro discovery, [25-1] motion to compel discovery responses for sanctions, [25-2] motion to extend time for an additional 45 days beyond the date of its entry of the order deciding the motion to compel, [26-1] motion for protective order, [26-2] motion for sanctions (cdg) (Entered: 12/30/2003)

Dec. 30, 2003
40

Certificate of service of discovery as to plaintiff (cdg) (Entered: 01/05/2004)

Dec. 31, 2003

Proposed consent order extending plaintiff's time to file its reply to dft's response to pla's motion to compel. (to WEJ) (cdg) (Entered: 01/06/2004)

Dec. 31, 2003
42

Reply by plaintiff to dft's opposition to pla's [25-1] motion to compel discovery responses. (kt) (Entered: 01/07/2004)

Jan. 5, 2004
41

Certificate of service as to Intown Suites' response to pla Diane Cantu's 2nd req for prod of docs by defendant. (kt) (Entered: 01/07/2004)

Jan. 6, 2004
43

MOTION by plaintiff for filing of original discovery (cdg) (Entered: 01/08/2004)

Jan. 6, 2004
44

Response by plaintiff to [36-1] motion to extend the dispositive motion deadline (cdg) (Entered: 01/09/2004)

Jan. 8, 2004
45

Certificate of service of amended notice of taking deposition as to defendant (cdg) (Entered: 01/09/2004)

Jan. 8, 2004

SUBMITTED to Mag Judge Walter E. Johnson on [36-1] motion to extend the dispositive motion deadline (file in chambers) (cdg) (Entered: 01/12/2004)

Jan. 12, 2004

Proposed consent order extending time thru 1/21/04 for the filing of a rply to the dft's motion for protective order. (to WEJ) (cdg) (Entered: 01/13/2004)

Jan. 12, 2004

SUBMITTED to Mag Judge Walter E. Johnson on [36-1] motion to extend the dispositive motion deadline (file in chambers) (cdg) (Entered: 01/15/2004)

Jan. 15, 2004
47

Notice of filing original deposition by defendant. (cdg) (Entered: 01/20/2004)

Jan. 16, 2004
48

Deposition of DIANE CANTU taken for defendant (cdg) (Entered: 01/20/2004)

Jan. 16, 2004
49

Certificate of service for third amended notice of taking deposition of William Gosha as to defendant (cdg) (Entered: 01/22/2004)

Jan. 16, 2004
51

CONSENT ORDER by Mag Judge Walter E. Johnson extending time to file its reply to dft's response to pla's motion to compel (cc) (cdg) (Entered: 01/23/2004)

Jan. 16, 2004
52

CONSENT ORDER by Mag Judge Walter E. Johnson, extending time thru 1/21/04 for dft to file its rply to [26-1] motion for protective order, [26-2] motion for sanctions (cc) (cdg) (Entered: 01/23/2004)

Jan. 16, 2004
50

REPLY by defendant to response to [26-1] motion for protective order, [26-2] motion for sanctions (cdg) (Entered: 01/23/2004)

Jan. 20, 2004
53

Notice of filing original discovery by defendant. (cdg) (Entered: 01/26/2004)

Jan. 23, 2004
54

Deposition of Continued depo of DIANE CANTU taken for defendant (cdg) (Entered: 01/26/2004)

Jan. 23, 2004
55

ORDER by Mag Judge Walter E. Johnson, Mr. Kertscher is DIRECTED to file a written response to this Order w/i 10 days of its entry; Mr. Kertscher shall advise the Court whether he admits or denies the assertions made in the Affidavits attached to dft's replybr. (cc) (kt) (Entered: 01/30/2004)

Jan. 29, 2004
56

Log of withheld documents by defendant. (jph) (Entered: 02/04/2004)

Feb. 2, 2004
57

Certificate of service as to notice of subpoena for the prod of docs by intervenor-plaintiff. (kt) (Entered: 02/10/2004)

Feb. 6, 2004

SUBMITTED to Mag Judge Walter E. Johnson on [43-1] motion for filing of original discovery (file in chambers) (cdg) (Entered: 02/09/2004)

Feb. 9, 2004
58

Response by intervenor-plaintiff Diane Cantu (Douglas R. Kertscher, Esq.) to [55-1] order. (to SSC) (tcc) (Entered: 02/10/2004)

Feb. 9, 2004
60

ORDER by Mag Judge Walter E. Johnson GRANTING [24-1] motion to compel discovery responses and request fro discovery, GRANTING [25-1] motion to compel discovery responses for sanctions, GRANTING [25-2] motion to extend time for an additional 45 days beyond the date of its entry of the order deciding the motion to compel, GRANTING [25-1] motion to extend time for discovery, GRANTING [24-1] motion to extend time for discovery, DENYING [25-2] motion for sanctions by Equal Employment, DENYING [30-1] motion for expenses by Intown Suites, DENYING [31-1] motion for reasonable expenses by Intown Suites, GRANTING [36-1] motion to extend the dispositive motion deadline (cc by CRD) (jph) (Entered: 02/24/2004)

Feb. 11, 2004
61

Reply by defendant to [58-1] response to [55-1] order (jph) (Entered: 02/24/2004)

Feb. 17, 2004
62

ORDER by Mag Judge Walter E. Johnson GRANTING [26-1] motion for protective order, GRANTING [26-2] motion for sanctions (cc) (jph) (Entered: 02/24/2004)

Feb. 20, 2004
63

ORDER by Mag Judge Walter E. Johnson ADMINISTRATIVELY TERMINATING [43-1] motion for filing of original discovery by Equal Employment (cc) (jph) (Entered: 02/24/2004)

Feb. 23, 2004
64

Certificate of service as to intervenor-plaintiff Diane Cantu's 3rd request for production of documents to defendant Intown Suites Mgt, Inc. (adg) (Entered: 03/01/2004)

Feb. 27, 2004
65

Affidavit of Suzanne J. Mulliken. (tcc) (Entered: 03/08/2004)

March 4, 2004
66

Certificate of service of Defendant's Supplemental Response to Plaintiff Diane Cantu's Request For Production of Documents as to plaintiff Equal Employment and intervenor-plaintiff Diane Cantu (tcc) (Entered: 03/08/2004)

March 5, 2004
67

Certificate of service of Defendant's Response to Plaintiff Equal Employment Opportunity Commission's Request For Production of Documents as to plaintiff Equal Employment and intervenor-plaintiff Diane Cantu (tcc) (Entered: 03/08/2004)

March 5, 2004
68

Certificate of service as to Supplemental Response to Interrogatories and Supplemental Response to Equal Employment Opportunity Commission's interrogatories by defendant (jph) (Entered: 03/11/2004)

March 5, 2004
69

ORDER by Mag Judge Walter E. Johnson, directing Douglas Kertscher, Esq to pay dft the amount of $3,990 in attorney's fees within 30 days of this order (cc) (jph) (Entered: 03/26/2004)

March 25, 2004
70

Certificate of service of Notice for 30(B)(6) Deposition as to plaintiff Equal Employment and defendant Intown Suites (tcc) (Entered: 03/29/2004)

March 26, 2004
71

Certificate of service of Notice of Deposition of Rex Killebrow as to plaintiff Equal Employment and defendant Intown Suites (tcc) (Entered: 03/29/2004)

March 26, 2004
72

MOTION by defendant Intown Suites for enlargement of Protective Order with brief in support. (tcc) (Entered: 03/29/2004)

March 26, 2004
73

Certificate of service as to Notice of subpoena for the production of documents to National Personnel Records Center by defendants. (jph) (Entered: 04/05/2004)

March 30, 2004
74

Certificate of service as to Response to third request for production of documents by defendant (jph) (Entered: 04/06/2004)

March 31, 2004
75

MOTION by defendant to strike pla intervenor's expert Dr. Ali I. Saad with brief in support. (jph) (Entered: 04/12/2004)

April 6, 2004
76

MOTION by defendant to extend time thru 5/4/04 to file summary judgment with brief in support. (jph) (Entered: 04/12/2004)

April 7, 2004
78

ORDER by Mag Judge Walter E. Johnson GRANTING [76-1] motion to extend time thru 5/4/04 to file summary judgment (cc by Mag) (jph) Modified on 04/14/2004 (Entered: 04/14/2004)

April 13, 2004
79

Response by intervenor-plaintiff Diane Cantu to [72-1] motion for enlargement of Protective Order. (jph) (Entered: 04/22/2004)

April 14, 2004
80

ORDER by Mag Judge Walter E. Johnson DENYING [72-1] motion for enlargement of Protective Order by Intown Suites (cc by Mag) (jph) (Entered: 04/22/2004)

April 19, 2004

SUBMITTED to Mag Judge Walter E. Johnson on [72-1] motion for enlargement of Protective Order (jph) (Entered: 04/21/2004)

April 21, 2004

Proposed Consent Order extending time until 4/26/04 for Intervenor/Plaintiff to file her response brief to dft's motion to strike and any motion for sumjgm. (to WEJ) (kt) (Entered: 04/28/2004)

April 21, 2004

SUBMITTED to Mag Judge Walter E. Johnson on [75-1] motion to strike pla intervenor's expert Dr. Ali I. Saad (jph) (Entered: 04/26/2004)

April 26, 2004
81

Memorandum by Diane Cantu in opposition to [75-1] motion to strike pla intervenor's expert Dr. Ali I. Saad. (kt) (Entered: 04/28/2004)

April 26, 2004
82

MOTION by Diane Cantu for partial summary judgment with memorandum in support and stmt. of material facts. (cc: to all counsel of record) (kt) (Entered: 04/28/2004)

April 27, 2004
83

Notice of filing original transcripts by Diane Cantu. (kt) (Entered: 04/28/2004)

April 27, 2004
84

Deposition of RICKIE ALEN FEE taken for Diane Cantu. (kt) (Entered: 04/28/2004)

April 27, 2004
85

Deposition of CHERYL VICKERS (taken 12/23/2003) taken for Diane Cantu. (kt) (Entered: 04/28/2004)

April 27, 2004
86

Deposition of CHERYL VICKERS (vol III) taken for Diane Cantu (kt) (Entered: 04/28/2004)

April 27, 2004
87

Deposition of CHERYL VICKERS taken for Diane Cantu. (kt) (Entered: 04/28/2004)

April 27, 2004

State / Territory: Georgia

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 27, 2003

Closing Date: Nov. 21, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Intown Suites Management, Inc. (Atlanta, GA), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 317000

Order Duration: 2005 - 2007

Content of Injunction:

Neutral/Positive Reference

Develop anti-discrimination policy

Retaliation Prohibition

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit