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: 2006

Clearinghouse coding complete

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…

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 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.

Summary Authors

Jason Chester (7/26/2007)

Documents in the Clearinghouse

Document

3:05-cv-00507

Docket (PACER)

EEOC v. Lee's Log Cabin

March 1, 2007

March 1, 2007

Docket

06-03278

Docket (PACER) [Court of Appeals]

EEOC v. Lee's Log Cabin

U. S. Court of Appeals for the Seventh Circuit

April 4, 2007

April 4, 2007

Docket
39

3:05-cv-00507

Opinion

EEOC v. Lee's Log Cabin

436 F.Supp.2d 992

June 26, 2006

June 26, 2006

Order/Opinion

Resources

Docket

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

Last updated July 29, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link

Jams Import Utility Entry

Aug. 19, 2005

Aug. 19, 2005

PACER

NORTC

Aug. 19, 2005

Aug. 19, 2005

PACER
1

JS-44 (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

PACER
2

COMPLAINT (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

PACER
3

ANSWER (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
4

DISCLOSURE OF CORP. AFFIL. & FINAN. INT. BY DEFT. (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
5

JOINT PPTC REPORT. (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

PACER
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

PACER
7

DEFT. NOTICE OF EXPERT WITNESSES. (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

PACER
8

MOTION FOR SUMMARY JUDGMENT BY DEFT. (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
9

BRIEF IN SUPPORT OF DEFT. MOTION FOR SUMMARY JUDGMENT. (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
10

PROPOSED FINDINGS/CONCL. BY DEFT. (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
11

AFFIDAVIT OF PATRICA SWEMKE. (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
12

AFFIDAVIT OF CURTIS ZASTROW. (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
13

AFFIDAVIT OF DEAN LEE. (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
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

PACER
15

MOTION BY PLTF. TO STRIKE DEFT. S/J MOTION. (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
16

BRIEF IN SUPPORT OF PLTF. MOTION TO STRIKE DEFT. SUMMARY JUDGMENT MOTION. (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
17

AFFIDAVIT OF ROBERT F. TOMLINSON. (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
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

PACER
19

AFFIDAVIT OF TERRY L. MOORE. (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

PACER
20

AFFIDAVIT OF NICOLE R. PIERCE. (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

PACER
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

PACER
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

PACER
23

MOTION (STIPULATED) TO EXTEND S/J BRIEFING SCHEDULE. (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

PACER
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

PACER
25

BRIEF IN OPPOSITION BY PLTF. TO DEFT. MOTION FOR S/J. (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
26

RESPONSE TO PROPOSED S/J FINDINGS/CONCL. BY PLTF. (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
27

PROPOSED FINDINGS/CONCL. BY PLTF. (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
28

AFFIDAVIT OF KORRIN KRAUSE STEWART. (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
29

AFFIDAVIT OF EDWARD H. GROSHAN, JR. (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
30

AFFIDAVIT OF MONICA LOSER. (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
31

AFFIDAVIT OF ROBERT F. TOMLINSON. (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
32

BRIEF IN REPLY IN SUPPORT OF DEFT. MOTION FOR S/J. (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

PACER
33

RESPONSE TO PROPOSED S/J FINDINGS/CONCL. BY DEFT. (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

PACER
34

REPLY TO PROPOSED S/J FINDINGS/CONCL. BY DEFT. (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

PACER
35

AFFIDAVIT OF TERRY L. MOORE. (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

PACER
36

DEFT. RULE 26 DISCLOSURES. (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
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

PACER
38

BRIEF IN SURREPLY BY PLTF. IN OPPOSITION TO DEFT. MOTION FOR S/J. (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
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

PACER
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

PACER

RECORD PREPARED

Sept. 11, 2006

Sept. 11, 2006

PACER

REC'V LETTER FROM ATTY BRUNER STATING HE REPS EEOC ON APPEAL.

Sept. 12, 2006

Sept. 12, 2006

PACER

RECORD SENT

March 1, 2007

March 1, 2007

PACER

Certified and Transmitted Record on Appeal to US Court of Appeals re 41 Notice of Appeal

March 1, 2007

March 1, 2007

PACER
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

PACER
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

PACER

Appeal Record Returned. (elc)

Feb. 11, 2009

Feb. 11, 2009

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 19, 2005

Closing Date: 2006

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

Lee's Log Cabin, Inc., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits