Case: EEOC v. Kentucky Conventional hotel Partners (d/b/a Louisville Marriott Downtown)

3:06-cv-00353 | U.S. District Court for the Western District of Kentucky

Filed Date: July 24, 2006

Closed Date: July 21, 2011

Clearinghouse coding complete

Case Summary

The Louisville Area Office of the EEOC brought this suit against Kentucky Convention Hotel Partners, LLC (doing business as Louisville Marriott Downtown) and White Lodging Services Corp. in the U.S. District Court for the Western District of Kentucky in July 2006. The complaint alleged religious discrimination in violation of Title VII of the Civil Rights Act of 1964. Four female, Muslim employees were allegedly denied employment at the Louisville Marriott Downtown when they refused to take off…

The Louisville Area Office of the EEOC brought this suit against Kentucky Convention Hotel Partners, LLC (doing business as Louisville Marriott Downtown) and White Lodging Services Corp. in the U.S. District Court for the Western District of Kentucky in July 2006. The complaint alleged religious discrimination in violation of Title VII of the Civil Rights Act of 1964. Four female, Muslim employees were allegedly denied employment at the Louisville Marriott Downtown when they refused to take off their hijabs at the request of White Lodging Services Corp. In May 2007 Kentucky Convention Hotel Partners was granted its motion to dismiss. Judge Charles R. Simpson, III said that the plaintiffs had shown the court no evidence that KCHP had any control in hiring or management decisions. The case against White Lodging Services Corp. continued.

White Lodging moved for summary judgment on January 5, 2009, but the court denied its motion on March 31, 2010. Judge Simpson rejected White Lodging’s argument that its contract with a third-party housekeeping service insulated it from liability, and found that the complainants had stated a prima facie case of religious accommodation discrimination.

The parties jointly proposed a consent decree in June, and Judge Simpson signed the consent decree on July 2010. In the decree, White Lodging denied wrongdoing, but agreed to not discriminate or harass employees on the basis of their religion, or retaliate against any employees who filed or aided in the investigation of a Title VII complaint. It also agreed to pay each complainant $10,000, for a total payment of $40,000. White Lodging agreed to submit two semi-annual reports and provide training to all of its employees at the Louisville location.

The consent decree lasted for 12 months, and the matter appears to have closed in 2011.

Summary Authors

Kevin Wilemon (5/27/2008)

Alexandra Gilewicz (3/25/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4724231/parties/equal-employment-opportunity-commission-v-kentucky-convention-hotel/


Judge(s)

Simpson, Charles Ralph III (Kentucky)

Whalin, Dave (Kentucky)

Attorneys(s) for Plaintiff

Brown, Kenneth W. (Kentucky)

Eisele, Michelle (Indiana)

Attorneys(s) for Defendant

Calabrese, Jeffrey (Kentucky)

Hovious, R. Gregg (Kentucky)

Norris, Kevin M. (Kentucky)

Sales, Walter Lapp (Kentucky)

Williams, Thomas M. (Kentucky)

Judge(s)

Simpson, Charles Ralph III (Kentucky)

Whalin, Dave (Kentucky)

Attorneys(s) for Plaintiff

Brown, Kenneth W. (Kentucky)

Eisele, Michelle (Indiana)

Attorneys(s) for Defendant

Calabrese, Jeffrey (Kentucky)

Hovious, R. Gregg (Kentucky)

Norris, Kevin M. (Kentucky)

Sales, Walter Lapp (Kentucky)

Williams, Thomas M. (Kentucky)

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Kentucky Convention Hotel Partners

July 21, 2010 Docket
1

Complaint

EEOC v. Kentucky Convention Hotel Partners

July 24, 2006 Complaint
20

Memorandum Opinion [Regarding Defendant Kentucky Convention Hotel Partners' Motion to Dismiss]

EEOC v. Kentucky Convention Hotel Partners

May 21, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4724231/equal-employment-opportunity-commission-v-kentucky-convention-hotel/

Last updated May 13, 2022

ECF Number Description Date Link
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)

May 22, 2007 RECAP
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)

July 24, 2006
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)

March 31, 2010 RECAP
2

Case Assignment (Random Selection): Case Assigned to Charles R. Simpson III. Magistrate designation: Dave Whalin. (TLB) (Entered: 07/25/2006)

July 24, 2006

Summons Issued as to Kentucky Convention Hotel Partners, LLC, White Lodging Services Corp.. (TLB) (Entered: 07/25/2006)

July 24, 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)

July 26, 2006
4

ANSWER to Complaint by White Lodging Services Corp..(Williams, Thomas) (Entered: 09/15/2006)

Sept. 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)

Sept. 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)

Sept. 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)

Sept. 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:

Oct. 24, 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)

Nov. 7, 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)

Nov. 9, 2006
12

AGREED PROTECTIVE ORDER by Magistrate Judge Dave Whalin on 11/13/2006;cc:Counsel(RLK) (Entered: 11/13/2006)

Nov. 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)

Nov. 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)

Nov. 13, 2006
16

NOTICE of Appearance/Substitution by Jeffrey Calabrese on behalf of White Lodging Services Corp. (Calabrese, Jeffrey) (Entered: 01/29/2007)

Jan. 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)

Feb. 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)

Feb. 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)

May 11, 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)

May 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)

July 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)

Aug. 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)

Aug. 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)

Sept. 24, 2007

Proceedings held before Magistrate Judge Dave Whalin : Scheduling Conference held on 10/3/2007. (NM) (Entered: 10/09/2007)

Oct. 3, 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)

Oct. 9, 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)

Dec. 5, 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)

Jan. 30, 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)

March 26, 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)

April 18, 2008
32

NOTICE to Take Deposition of Fatuma Mahdi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 05/23/2008)

May 23, 2008
33

NOTICE to Take Deposition of Hawa Issa by White Lodging Services Corp.. (Williams, Thomas) (Entered: 05/23/2008)

May 23, 2008
34

NOTICE to Take Deposition of Sangabo A. Fayi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 05/23/2008)

May 23, 2008
35

NOTICE to Take Deposition of Hawa Issa by White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/23/2008)

July 23, 2008
36

NOTICE to Take Deposition of Fatuma Mahdi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/23/2008)

July 23, 2008
37

NOTICE to Take Deposition of Sangabo A. Fayi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/23/2008)

July 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)

July 23, 2008
39

NOTICE to Take Deposition of Nurta Muya by White Lodging Services Corp.. (Williams, Thomas) (Entered: 09/22/2008)

Sept. 22, 2008
40

NOTICE to Take Deposition of Nurta Muya (Amended) by White Lodging Services Corp.. (Williams, Thomas) (Entered: 09/23/2008)

Sept. 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)

Sept. 25, 2008
42

NOTICE to Take Deposition of Veronica Stessons by White Lodging Services Corp.. (Williams, Thomas) (Entered: 10/15/2008)

Oct. 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

Nov. 3, 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)

Dec. 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)

Jan. 5, 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)

Jan. 6, 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)

Jan. 9, 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)

Jan. 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)

Jan. 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)

Feb. 6, 2009
52

Proposed Agreed Order/Stipulation by White Lodging Services Corp.. (Williams, Thomas) (Entered: 02/17/2009)

Feb. 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)

Feb. 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)

March 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)

April 1, 2009
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)

April 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)

April 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)

June 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)

June 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)

July 21, 2010

State / Territory: Kentucky

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: July 24, 2006

Closing Date: July 21, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

White Lodging Services Corp. (Louisville, KY), Private Entity/Person

Kentucky Convention Hotel Partners, LLC (Louisville, KY), Private Entity/Person

Case Details

Causes of Action:

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:

None yet

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 40,000

Order Duration: 2010 - 2011

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Hiring

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits