Case: EEOC v. Lee's Log Cabin

3:05-cv-00507 | U.S. District Court for the Western District of Wisconsin

Filed Date: Aug. 19, 2005

Closed Date: Feb. 10, 2009

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Case Summary

The EEOC filed this suit in August 2005 against Lee's Log Cabin, a Wisconsin restaurant, in the U.S. District Court for the Western District of Wisconsin. The EEOC alleged the restaurant violated the Americans with Disabilities Act by refusing to hire the complainant because she had HIV. In June 2006 the defendant's motion for summary judgment was granted. E.E.O.C. v. Lee's Log Cabin, Inc., 436 F.Supp.2d 992 (W.D.Wis.,2006). In its initial complaint the EEOC had alleged that the complainant's d…

In June 2006 the defendant's motion for summary judgment was granted. E.E.O.C. v. Lee's Log Cabin, Inc., 436 F.Supp.2d 992 (W.D.Wis.,2006). In its initial complaint the EEOC had alleged that the complainant's disability was her HIV+ status, but the evidence it introduced later, in support of its claim that the complainant was disabled under the ADA definition, all pertained to the impairments brought on by having AIDS, as opposed to merely being HIV+. The court held that being HIV+ and having AIDS were substantially different, and that the EEOC had therefore failed to introduce evidence that HIV itself limited a major life activity, as required by the ADA. Id. at 996. Further, the court ruled that to allow the EEOC to argue that the complainant's disability was AIDS instead of HIV would be a "gross departure from what it alleged in the initial stages of this lawsuit" and that the EEOC "cannot amend its pleading to allege an entirely new cause of action when trial is only one month away." Id. at 995.

After the district court entered the final order, the plaintiff appealed to the Seventh Circuit on August 24, 2006. In a slip opinion issued on October 6, 2008, the Circuit Court affirmed the lower court's opinion. The plaintiff filed a motion for reconsideration, but on February 10, 2009, the Seventh Circuit denied the motion for reconsideration.

This case appears closed.

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Summary Authors

Jason Chester (7/26/2007)

Madilynn O'Hara (10/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12155865/parties/equal-employment-opportunity-commission-v-lees-log-cabin-incorporated/

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorney for Plaintiff

BRUNER, PAULA R. (Wisconsin)

Attorney for Defendant

Moore, Terry L. (Wisconsin)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorney for Plaintiff

BRUNER, PAULA R. (Wisconsin)

Attorney for Defendant

Moore, Terry L. (Wisconsin)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:05-cv-00507	Docket (PACER)	March 1, 2007	March 1, 2007 Docket
06-03278	Docket (PACER) [Court of Appeals] U.S. Court of Appeals for the Seventh Circuit	April 4, 2007	April 4, 2007 Docket
39 3:05-cv-00507	Opinion	June 26, 2006	June 26, 2006 Order/Opinion 436 F.Supp.2d 992

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Resources

Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12155865/equal-employment-opportunity-commission-v-lees-log-cabin-incorporated/

Last updated Nov. 19, 2025, 10:25 p.m.

ECF Number	Description	Date	Link Date / Link
1	JS-44 (Entered: 08/19/2005)	Aug. 19, 2005	Aug. 19, 2005
2	COMPLAINT (Entered: 08/19/2005)	Aug. 19, 2005	Aug. 19, 2005
	Jams Import Utility Entry	Aug. 19, 2005	Aug. 19, 2005
	NORTC	Aug. 19, 2005	Aug. 19, 2005
3	ANSWER (Entered: 10/12/2005)	Oct. 12, 2005	Oct. 12, 2005
4	DISCLOSURE OF CORP. AFFIL. & FINAN. INT. BY DEFT. (Entered: 10/12/2005)	Oct. 12, 2005	Oct. 12, 2005
5	JOINT PPTC REPORT. (Entered: 10/25/2005)	Oct. 25, 2005	Oct. 25, 2005
6	PTC ORDER ; AMENDMENTS TO PLDGS. DUE 12/19/05; DISP. MOTS. DUE 3/24/06. (SLC) (Entered: 11/10/2005)	Nov. 10, 2005	Nov. 10, 2005
7	DEFT. NOTICE OF EXPERT WITNESSES. (Entered: 03/13/2006)	March 13, 2006	March 13, 2006
8	MOTION FOR SUMMARY JUDGMENT BY DEFT. (Entered: 03/22/2006)	March 22, 2006	March 22, 2006
9	BRIEF IN SUPPORT OF DEFT. MOTION FOR SUMMARY JUDGMENT. (Entered: 03/22/2006)	March 22, 2006	March 22, 2006
10	PROPOSED FINDINGS/CONCL. BY DEFT. (Entered: 03/22/2006)	March 22, 2006	March 22, 2006
11	AFFIDAVIT OF PATRICA SWEMKE. (Entered: 03/22/2006)	March 22, 2006	March 22, 2006
12	AFFIDAVIT OF CURTIS ZASTROW. (Entered: 03/22/2006)	March 22, 2006	March 22, 2006
13	AFFIDAVIT OF DEAN LEE. (Entered: 03/22/2006)	March 22, 2006	March 22, 2006
14	BRIEF IN REPLY IN SUPPORT OF DEFT. MOTION FOR S/J. (SEE ORDER #22 STRIKING REPLY BRIEF) (Entered: 04/21/2006)	April 20, 2006	April 20, 2006
15	MOTION BY PLTF. TO STRIKE DEFT. S/J MOTION. (Entered: 04/25/2006)	April 25, 2006	April 25, 2006
16	BRIEF IN SUPPORT OF PLTF. MOTION TO STRIKE DEFT. SUMMARY JUDGMENT MOTION. (Entered: 04/25/2006)	April 25, 2006	April 25, 2006
17	AFFIDAVIT OF ROBERT F. TOMLINSON. (Entered: 04/25/2006)	April 25, 2006	April 25, 2006
18	BRIEF IN OPPOSITION BY DEFT. TO PLTF. MOTION TO STRIKE DEFT. S/J MOTION. (Entered: 05/02/2006)	May 2, 2006	May 2, 2006
19	AFFIDAVIT OF TERRY L. MOORE. (Entered: 05/02/2006)	May 2, 2006	May 2, 2006
20	AFFIDAVIT OF NICOLE R. PIERCE. (Entered: 05/02/2006)	May 2, 2006	May 2, 2006
21	BRIEF IN REPLY IN SUPPORT OF PLTF. MOTION TO STRIKE DEFT. S/J MOTION. (Entered: 05/08/2006)	May 8, 2006	May 8, 2006
22	ORDER DENYING PLTF. MOT/STRIKE DEFT. MOT. FOR S/J; PLTF. OPP. 5/30/06; DEFT. REPLY 6/9/06; STRIKING DEFT. 4/20/06 REPLY. (Entered: 05/09/2006)	May 9, 2006	May 9, 2006
23	MOTION (STIPULATED) TO EXTEND S/J BRIEFING SCHEDULE. (Entered: 05/23/2006)	May 23, 2006	May 23, 2006
24	ORDER GRANTING STIPULATED MOTION TO EXTEND S/J BRIEFING; PLTF. OPPO. DUE 6/6/06; DEFT. REPLY DUE 6/16/06. (SLC) (Entered: 05/24/2006)	May 24, 2006	May 24, 2006
25	BRIEF IN OPPOSITION BY PLTF. TO DEFT. MOTION FOR S/J. (Entered: 06/09/2006)	June 9, 2006	June 9, 2006
26	RESPONSE TO PROPOSED S/J FINDINGS/CONCL. BY PLTF. (Entered: 06/09/2006)	June 9, 2006	June 9, 2006
27	PROPOSED FINDINGS/CONCL. BY PLTF. (Entered: 06/09/2006)	June 9, 2006	June 9, 2006
28	AFFIDAVIT OF KORRIN KRAUSE STEWART. (Entered: 06/09/2006)	June 9, 2006	June 9, 2006
29	AFFIDAVIT OF EDWARD H. GROSHAN, JR. (Entered: 06/09/2006)	June 9, 2006	June 9, 2006
30	AFFIDAVIT OF MONICA LOSER. (Entered: 06/09/2006)	June 9, 2006	June 9, 2006
31	AFFIDAVIT OF ROBERT F. TOMLINSON. (Entered: 06/09/2006)	June 9, 2006	June 9, 2006
32	BRIEF IN REPLY IN SUPPORT OF DEFT. MOTION FOR S/J. (Entered: 06/16/2006)	June 16, 2006	June 16, 2006
33	RESPONSE TO PROPOSED S/J FINDINGS/CONCL. BY DEFT. (Entered: 06/16/2006)	June 16, 2006	June 16, 2006
34	REPLY TO PROPOSED S/J FINDINGS/CONCL. BY DEFT. (Entered: 06/16/2006)	June 16, 2006	June 16, 2006
35	AFFIDAVIT OF TERRY L. MOORE. (Entered: 06/16/2006)	June 16, 2006	June 16, 2006
36	DEFT. RULE 26 DISCLOSURES. (Entered: 06/23/2006)	June 23, 2006	June 23, 2006
37	MOTION BY PLTF. TO FILE SURREPLY BRIEF IN OPPOSITION TO DEFT. MOTION FOR S/J INSTANTER. (Entered: 06/23/2006)	June 23, 2006	June 23, 2006
38	BRIEF IN SURREPLY BY PLTF. IN OPPOSITION TO DEFT. MOTION FOR S/J. (Entered: 06/23/2006)	June 23, 2006	June 23, 2006
39	ORDER GRANTING DEFT. MOTION FOR SUMMARY JUDGMENT. (Entered: 06/26/2006)	June 26, 2006	June 26, 2006 Clearinghouse
40	JUDGMENT ENTERED. (TMO) CC MLD. (Entered: 06/26/2006)	June 26, 2006	June 26, 2006
41	NOTICE OF APPEAL BY PLTF. NO FEE PAID, NO DS FILED, SR SENT CC:PARTIES (06-3278) (Entered: 08/24/2006)	Aug. 24, 2006	Aug. 24, 2006
	RECORD PREPARED	Sept. 11, 2006	Sept. 11, 2006
	REC'V LETTER FROM ATTY BRUNER STATING HE REPS EEOC ON APPEAL.	Sept. 12, 2006	Sept. 12, 2006
	RECORD SENT	March 1, 2007	March 1, 2007
	Certified and Transmitted Record on Appeal to US Court of Appeals re 41 Notice of Appeal	March 1, 2007	March 1, 2007
42	ORDER from USCA as to 41 Notice of Appeal.The slip opinion issued on 10/6/08 is amended to add the following language at the end of footnote 4 on page 12: "We caution that nothing in this opinion should be read to suggest that the EEOC's complaint failed to state a claim; we hold only that the district court was within its discretion to refuse to permit a change in the claim under the procedural circumstances of this case." Appellant EEOC Petition for Rehearing and Petition for Rehearing Enbanc is denied. (elc) (Entered: 02/03/2009)	Feb. 3, 2009	Feb. 3, 2009
43	JUDGMENT from USCA affirming district court with costs as to 41 Notice of Appeal. Record not returned. (Attachments: # 1 USCA Opinion, # 2 USCA Bill of Costs, # 3 Mandate) (elc) (Entered: 02/10/2009)	Feb. 10, 2009	Feb. 10, 2009
	Appeal Record Returned. (elc)	Feb. 11, 2009	Feb. 11, 2009