Case: EEOC v. NCL AMERICA

1:06-cv-00451 | U.S. District Court for the District of Hawaii

Filed Date: Aug. 22, 2006

Closed Date: June 3, 2010

Clearinghouse coding complete

Case Summary

The Los Angeles district office of the EEOC filed this case in August 2006 in the U.S. District Court for the District of Hawaii against NCL America, Inc., a major international cruise line, and three of its affiliated corporate entities. The complaint alleged that NCL had discharged the charging parties because of their Middle Eastern origin and their Muslim religion, in violation of Title VII of the Civil Rights Act of 1964. In November 2006, the charging parties intervened in the suit, add…

The Los Angeles district office of the EEOC filed this case in August 2006 in the U.S. District Court for the District of Hawaii against NCL America, Inc., a major international cruise line, and three of its affiliated corporate entities. The complaint alleged that NCL had discharged the charging parties because of their Middle Eastern origin and their Muslim religion, in violation of Title VII of the Civil Rights Act of 1964. In November 2006, the charging parties intervened in the suit, adding claims for discrimination and emotional distress under Hawaii state law, as well as 42 U.S.C. ß 1981. In January 2007, the defendants filed motions to dismiss the EEOC and the plaintiff-intervenors' complaints, but these motions were denied in August 2007. In August 2007, the intervenors filed a motion to consolidate this case with a private lawsuit one of them had filed against the defendant (1:07-cv-00372-SOM-BMK). This motion was granted in September 2007, and the EEOC case became the lead case.

In November 2007, the EEOC filed a motion for partial summary judgment against the defendants, which was eventually denied in February 2008. That same November, the defendants filed a flurry of summary judgment motions, four in total. These were responded too with one counter-motion for summary judgment by one of the intervenors in January 2008, two counter-motions for partial summary judgment by the EEOC in January 2008, and a counter-motion for summary judgment by the EEOC in January 2008. In February 2008 the court ruled on all the pending motions for summary judgment, denying all of them except for granting summary judgment to one of the defendants, NCL Corporation Ltd., and granting in part and denying in part the motions filed by another defendant, NCL America, Inc. That same February, the parties agreed by stipulation to dismiss the claims against another defendant, Norwegian Cruise Line Ltd. The final defendant, NCL (Bahamas) Ltd., filed a motion for summary judgment in February 2008.

In March 2008, it was announced that the remaining parties in the lawsuit had settled and that a consent decree between the plaintiffs and the remaining defendants would be forthcoming. At the same time, NCL (Bahamas) Ltd.'s motion for summary judgment was terminated, having been mooted by the settlement proceedings.

On May 15, 2008, the parties submitted a proposed consent decree and order, which the court approved on June 3, 2008 The agreement required NCL to pay $485,000, attorneys’ fees, and costs. NCL was also required to provide the plaintiffs with neutral job references, and to purge the plaintiffs’ personnel records of all information that reflected negatively on their job performance. The order prohibited defendants from discriminating on the basis of race or national origin, and from retaliation against anyone involved in a claim against them. NCL was required to hire an outside EEOC consultant to assist in reviewing and revising its policies and procedures, providing a revised policy on discrimination and retaliation to the EEOC within 60 days. The decree also mandated training for employees, record keeping, and regular reporting to the EEOC.

The decree remained in effect for two years, and the matter is now presumed closed.

Summary Authors

Kevin Wilemon (8/7/2008)

Alexandra Gilewicz (3/24/2018)

Related Cases

Almlhany v. NCL America, Inc. et al, District of Hawaii (2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4704224/parties/us-equal-employment-opportunity-commission-v-ncl-america-inc/


Judge(s)

Kurren, Barry M. (Hawaii)

Mollway, Susan Oki (Hawaii)

Attorneys(s) for Plaintiff

Barbee, Daphne E. (Hawaii)

Geisness, Thomas M. (Washington)

Laura, Peter F. (California)

Liem, Connie (California)

Morrison, Angela D. (Nevada)

Park, Anna Y. (California)

Tungol, Wilfredo (Hawaii)

Viramontes, Victor (California)

Judge(s)

Kurren, Barry M. (Hawaii)

Mollway, Susan Oki (Hawaii)

Attorneys(s) for Plaintiff

Barbee, Daphne E. (Hawaii)

Geisness, Thomas M. (Washington)

Laura, Peter F. (California)

Liem, Connie (California)

Morrison, Angela D. (Nevada)

Park, Anna Y. (California)

Tungol, Wilfredo (Hawaii)

Viramontes, Victor (California)

Attorneys(s) for Defendant

Leong, Darin Robinson (Hawaii)

Marr, Barry W. (Hawaii)

Mueller, Daniel G. (District of Columbia)

Nakashima, Steven M. (Hawaii)

Rand, Richard M. (Hawaii)

Yeh, Christopher S. (Hawaii)

Documents in the Clearinghouse

Document

1:06-cv-00451

Docket [PACER]

U.S. Equal Employment Opportunity Commission v. NCL America, Inc. et al

June 4, 2008

June 4, 2008

Docket
1

1:06-cv-00451

Complaint

U.S. Equal Employment Opportunity Commission v. NCL America, Inc. et al

Aug. 22, 2006

Aug. 22, 2006

Complaint
24

1:06-cv-00451

Complaint of Plaintiff-Intervenors

U.S. Equal Employment Opportunity Commission v. NCL America, Inc. et al

Nov. 22, 2006

Nov. 22, 2006

Complaint
74

1:06-cv-00451

Order Denying Plaintiff EEOC's Motion for Protective Order Under Rule 26(c) Date March 9, 2007 [Docket 53]

U.S. Equal Employment Opportunity Commission v. NCL America, Inc. et al

April 19, 2007

April 19, 2007

Order/Opinion

1:06-cv-00451

Order (1) Granting in Part and Denying in Part EEOC's Application for Renewed Protective Order, and (2) Denying Without Prejudice NCL's Motion for Rule 37 Sanctions

U.S. Equal Employment Opportunity Commission v. NCL America, Inc. et al

May 30, 2007

May 30, 2007

Order/Opinion
124

1:07-00372

Motion to Consolidate

Almlhany v. NCL America, Inc.

Aug. 13, 2007

Aug. 13, 2007

Pleading / Motion / Brief
138

1:06-cv-00451

Order Denying Defendants' Motion to Partially Dismiss Plaintiffs-Intervenors' Complaint

EEOC v. NCL America Inc.

Aug. 31, 2007

Aug. 31, 2007

Order/Opinion
149

1:06-cv-00451

1:07-00372

Order Granting Motion to Consolidate

EEOC v. NCL America Inc.

Sept. 17, 2007

Sept. 17, 2007

Order/Opinion
159

1:06-cv-00451

Order (1) Denying Plaintiff EEOC's Motion to Compel Production of Documents and for Discovery Sanctions Against NCL America Inc. Under FRCP 37 [Docket 119] and Plaintiff EEOC's Motion to Compel Production of Documents and [...]

EEOC v. NCL America, Inc.

Oct. 3, 2007

Oct. 3, 2007

Order/Opinion
200

1:06-cv-00451

Order (1) Granting in Part and Denying in Part Defendant NCL America Inc.'s Motion to Compel and for Reasonable Expenses [Docket 158]; and (2) Granting in Part and Denying in Part Plaintiff U.S. Equal Employment Opportunity Commission's Motion [...]

EEOC v. NCL America Inc.

Dec. 5, 2007

Dec. 5, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4704224/us-equal-employment-opportunity-commission-v-ncl-america-inc/

Last updated Dec. 19, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
287

ORDER DENYING NORWEGIAN CRUISE LINE LTD.'S MOTION FOR SUMMARY JUDGMENT, DENYING NORWEGIAN CRUISE LINE LTD.'S MOTION FOR RULE 11 SANCTIONS, GRANTING NCL CORPORATION LTD.'S MOTION FOR SUMMARY JUDGMENT, DENYING BOTH OF EEOC'S COUNTER MOTIONS FOR SUMMARY JUDGMENT AGAINST NORWEGIAN CRUISE LINE LTD. AND NCL CORPORATION LTD., AND DENYING BOTH OF PLAINTIFF-INTERVENORS' COUNTER MOTIONS FOR SUMMARY JUDGMENT AGAINST NORWEGIAN CRUISE LINE LTD. AND NCL CORPORATION LTD. 178 , 181 , 183 , 217 , 218 , 219 - Signed by JUDGE SUSAN OKI MOLLWAY on January 31, 2008. [This order leaves for future adjudication all claims against NCL America, as well as newly alleged claims against NCL Bahamas.] Associated Cases: 1:06-cv-00451-SOM-BMK, 1:07-cv-00372-SOM-BMK(emt, )

Feb. 1, 2008

Feb. 1, 2008

RECAP
312

ORDER GRANTING IN PART AND DENYING IN PART NCL AMERICA, INC.'S MOTION FOR SUMMARY JUDGMENT AS TO ALL CLAIMS BY OR ON BEHALF OF PLAINTIFF-INTERVENOR SAMED KASSEM; ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT NCL AMERICA, INC.'S MOTIO N FOR SUMMARY JUDGMENT AS TO ALL CLAIMS BY THE EEOC AND BY INTERVENORS; ORDER DENYING EEOC'S COUNTER MOTION FOR SUMMARY JUDGMENT; ORDER DENYING BOTH OF DEFENDANT NCL AMERICA, INC.'S MOTIONS FOR RULE 11 SANCTIONS re 177 , 179 , 185 , [187 ], 192 , 262 , 263 , 270 - Signed by JUDGE SUSAN OKI MOLLWAY on 2/19/08. [The court grants Defendants' Constructive Discharge Motion with regard to the NIED claim, but denies the motion with respect to all remaining claims. With respect to Defendants' Actual Discharge Motion, the court grants Defendants' motion with regard to the NIED claims and repatriation damage claims, and limits Alziam's damages because of after-acquired evidence. In all other respects, the Actual Discharge Motion is denied. The court denies the EEOC's counter motion for summary judgment and both of Defendants' motions for Rule 11 sanctions. All joinders are terminated consistent with this order, and the EEOC's reques t to strike, Doc. No. 263, is itself stricken. This order leaves for future adjudication all Title VII and § 1981 claims, as well as Haw. Rev. Stat. § 378-2 claims and IIED claims.]Associated Cases: 1:06-cv-00451-SOM-BMK, 1:07-cv-00372-SOM-BMK(emt, )

Feb. 20, 2008

Feb. 20, 2008

RECAP
317

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF EEOC'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT NCL AMERICA, INC. 180 - Signed by JUDGE SUSAN OKI MOLLWAY on 2/25/08. Associated Cases: 1:06-cv-00451-SOM-BMK, 1:07-cv-00372-SOM-BMK(emt, )

Feb. 26, 2008

Feb. 26, 2008

RECAP
322

DEFENDANT NCL AMERICA INC.'S ANSWER to 300 Amended Complaint FILED FEBRUARY 15, 2008; CERTIFICATE OF SERVICE by NCL America, Inc..(Rand, Richard) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

PACER
323

ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER GRANTING EEOC'S MOTION FOR LEAVE OF COURT TO FILE FIRST AMENDED COMPLAINT 321 - Signed by JUDGE SUSAN OKI MOLLWAY on 3/6/08. [Motion terminated: 321 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by NCL (Bahamas) Ltd., NCL America, Inc. re 310 Order filed by NCL America, Inc., NCL (Bahamas) Ltd.] (emt, ) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

RECAP

COURT'S CERTIFICATE of Service - a copy of 323 "ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER GRANTING EEOC'S MOTION FOR LEAVE OF COURT TO FILE FIRST AMENDED COMPLAINT" has been served on March 6, 2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )

March 6, 2008

March 6, 2008

PACER
324

AMENDED COMPLAINT against all defendants, filed by Ahmed Al-Mlhany.(Geisness, Thomas) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
325

MOTION for Reconsideration of 312 Order Granting in Part and Denying in Part NCL America, Inc.'s Motion for Summary Judgment as to All Claims by or on Behalf of Plaintiff-Intervenor Samed Kassem filed February 20, 2008 and Granting in Part and Denying in Part Defendant NCL America, Inc.'s Motion for Summary Judgment as to All Claims by the EEOC and by Intervenors Order, Terminate Motions Richard M. Rand appearing for Defendants NCL (Bahamas) Ltd., NCL America, Inc. (Attachments: # 1 Memorandum In Support of Motion, # 2 Certificate of Service)(Rand, Richard) Modified on 3/11/2008 to add/strike text (emt, ). (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

PACER
326

EO: In reviewing the defense reconsideration motion, the court notes that it was filed more than 10 business days from the filing of the underlying order. If Defendants contend that their reconsideration motion was timely filed, they must file an explanation of timeliness. That explanation shall be no more than 350 words and shall be filed no later than 4:30 p.m. on Wednesday, March 12, 2008. If Defendants conclude that their reconsideration motion was untimely, they may withdraw their reconsideration motion or file a motion to extend the time in which to seek reconsideration. Any extension motion must be filed no later than 4:30 p.m. on Wednesday, March 12, 2008. re 325 MOTION for Reconsideration re 312 Order, Terminate Motions,,,,,,,,,,,, MOTION for Reconsideration re 312 Order, Terminate Motions,,,,,,,,,,,, MOTION for Reconsideration re 312 Order, Terminate Motions,,,,,,,,,,,,. (JUDGE SUSAN OKI MOLLWAY)(tbf, ) (Entered: 03/11/2008)

March 11, 2008

March 11, 2008

PACER

COURT'S CERTIFICATE of Service - a copy of 326 Link,,, has been served by First Class Mail to the addresses of record on. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tbf, )

March 11, 2008

March 11, 2008

PACER
327

STATEMENT Explanation Of Timeliness Or, Alternatively, Motion For Extension filed by NCL (Bahamas) Ltd., NCL America, Inc.. (Yeh, Christopher) Modified on 3/13/2008 - docketing event modified to reflect filing as a motion. (emt, ). (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

PACER
328

EO: EEOC and Plaintiffs-Intervenors may address the timeliness issue raised in the court's March 11, 2008, EO (Docket No. 326) in a responsive memorandum to be filed by no later than 3 p.m. on Friday, March 14. re 327 Statement. (JUDGE SUSAN OKI MOLLWAY)(tbf, ) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

PACER

COURT'S CERTIFICATE of Service - a copy of EO 328 Link, has been served by First Class Mail to the addresses of record on. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tbf, )

March 13, 2008

March 13, 2008

PACER
329

RESPONSE re 327 MOTION for Extension of Time to File Motion for Reconsideration/Explanation of Timeliness filed by Ahmed Al-Mlhany. (Geisness, Thomas) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

PACER
330

RESPONSE in Opposition re 327 MOTION for Extension of Time to File filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Word Count Limitation, # 2 Certificate of Service)(Liem, Connie) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

PACER
331

EO: Defendants' reconsideration motion was untimely filed more than 10 days after the underlying order was filed. Defendants' argument that it is entitled to 3 additional days based on Fed. R. Civ. P. 6 is unpersuasive, as that rule permits an additional 3 days only when a deadline is calculated based on service, not filing. The reconsideration deadline clearly runs from the filing of the underlying order, not its service. However, this court grants Defendants' request to extend the time for filing their reconsideration motion. Plaintiffs are not prejudiced by Defendants' untimely filing, and the parties are, in any event, scheduled to be before the court for a hearing on another matter on April 21, 2008, at 10:30 a.m. Defendants' reconsideration motion is set for hearing at the same time, with opposition and reply memoranda concerning the reconsideration motion due in the ordinary course under Local Rule 7.4.Motions terminated: 327 MOTION for Extension of Time to File filed by NCL America, Inc., NCL (Bahamas) Ltd., 325 MOTION for Reconsideration re 312 Order, Terminate Motions,,,,,,,,,,,, MOTION for Reconsideration re 312 Order, Terminate Motions,,,,,,,,,,,, MOTION for Reconsideration re 312 Order, Terminate Motions,,,,,,,,,,,,. Motion Hearing set for 4/21/2008 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, ) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

PACER

COURT'S CERTIFICATE of Service - a copy of EO 331 Terminate Motions, Set Motion Deadlines/Hearings (inc F&R),, Set Motion Deadlines/Hearings (inc F&R),, Set Motion Deadlines/Hearings (inc F&R),, Set Motion Deadlines/Hearings (inc F&R),, Set Motion Deadlines/Hearings (inc F&R),, Set Motion Deadlines/Hearings (inc F&R) has been served by First Class Mail to the addresses of record on. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tbf, )

March 17, 2008

March 17, 2008

PACER
332

Pretrial Conference Statement by U.S. Equal Employment Opportunity Commission Amended Pre-trial Conference Statement. (Attachments: # 1 Certificate of Service)(Liem, Connie) (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

PACER
333

Pretrial Conference Statement by NCL (Bahamas) Ltd., NCL America, Inc.. (Rand, Richard) (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

PACER
334

Pretrial Conference Statement by Ahmed Al-Mlhany. (Geisness, Thomas) (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

PACER
335

EO: Settlement on the Record is set for 3/31/2008 at 11:00 AM Hawaii time before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER

COURT'S CERTIFICATE of Service - a copy of 335 Set Hearings has been served on 3/28/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (rwy)

March 28, 2008

March 28, 2008

PACER
336

EP: Settlement Placed on the Record. Consent Decree to be filed. Status Conference Re Dismissal is set for 4/15/2008 @ 9 a.m. before Magistrate Judge Barry M. Kurren. All other dates/deadlines vacated. Terminated: [303} Defendant NCL (Bahamas) Ltd.'s Motion for Summary Judgment and 325 Defendants NCL America Inc. and NCL (Bahamas Ltd.'s Motion for Reconsideration. Notified: Toni Fujinaga. (FTR-Ctrm C6F, 11:11 - 11:15) (Judge BARRY M. KURREN)(rwy) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

PACER
337

TRANSCRIPT of Proceedings Various Motions held on 2/11/08 before Judge Susan Oki Mollway. Court Reporter: Debra Chun. (dc@hid.uscourts.gov) pp. 39. (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

PACER
338

EP: Status Conference Re Dismissal held. Further Status Conference 4/30/2008 @ 9 a.m. Hawaii time before Magistrate Judge Barry M. Kurren. (FTR-Ctrm C6 no record, 9:05 - 9:20) (Judge BARRY M. KURREN)(rwy) (Entered: 04/15/2008)

April 15, 2008

April 15, 2008

PACER
339

EP: Status Conference Re Dismissal held. Parties to continue to work on settlement and notify the court of their progress. (FTR-Ctrm C6 no record, 8:58 - 9:06) (Judge BARRY M. KURREN)(rwy) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

PACER
340

Letter to counsel from Judge Susan Oki Mollway dated May 13, 2008 with attached fax transmission confirmation. (emt, ) (Entered: 05/14/2008)

May 13, 2008

May 13, 2008

PACER
341

NOTICE by U.S. Equal Employment Opportunity Commission Notice of Settlement U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Consent Decree and Order, # 2 Exhibit A to Decree, # 3 Certificate of Service)(Liem, Connie) (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

PACER
342

OBJECTION re 341 Notice (Other), Notice (Other) EEOC's Objections to Defendants' Propsoed Order Dismissing NCL America, Inc. Without Prejudice filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A, # 2 Cert. of Service)(Liem, Connie) (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

PACER
343

RESPONSE re 342 Objection, Opposition to Plaintiff EEOC's Objection to Defendants' Proposed Order Dismissing Defendant NCL America Inc. Without Prejudice filed by NCL America, Inc.. (Rand, Richard) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

PACER
344

EO: The parties appear to have a dispute about whether dismissal without prejudice of NCL America is or is not part of the settlement agreement. The district judge will not enter the consent decree until this matter is resolved. The parties are directed to return to Magistrate Judge Kurren no later than May 30, 2008, to address this matter if they are unable to come to an agreement. No later than May 30, 2008, the EEOC must send a letter to the district judge, with copies to counsel for other parties, stating the status of discussions re 341 Notice (Other), Notice (Other). (JUDGE SUSAN OKI MOLLWAY)(tbf, ) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

PACER

COURT'S CERTIFICATE of Service - a copy of EO 344 Link,, has been served by First Class Mail to the addresses of record on. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tbf, )

May 19, 2008

May 19, 2008

PACER
345

Letter addressed to Judge Susan Oki Mollway from Anna Y. Park, Esq., dated May 21, 2008. (SEALED) (emt, ) (Additional attachment(s) added on 5/22/2008: # 1 mailing documentation) (emt, ). (Entered: 05/22/2008)

May 21, 2008

May 21, 2008

PACER
346

EO: Status Conference pursuant to Judge Susan O. Mollway's order of 5/14/2008 is set for 5/28/2008 at 01:30 PM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

PACER
347

EO: Status Conference pursuant to Judge Susan O. Mollway's order of 5/14/2008 is continued from 5/28/2008 to 5/29/2008 at 02:00 PM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

PACER

COURT'S CERTIFICATE of Service - a copy of 346 Set Hearings has been served on 5/23/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (rwy)

May 23, 2008

May 23, 2008

PACER

COURT'S CERTIFICATE of Service - a copy of 347 Set Deadlines/Hearings has been served on 5/23/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (rwy)

May 23, 2008

May 23, 2008

PACER
348

EO: Status Conference set for 5/29/2008 is moved to 5/28/2008 at 10:30 AM Hawaii time before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy) (Entered: 05/27/2008)

May 27, 2008

May 27, 2008

PACER

COURT'S CERTIFICATE of Service - a copy of 348 Set Deadlines/Hearings has been served on 5/27/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (rwy)

May 27, 2008

May 27, 2008

PACER
349

EP: Status Conference Re Settlement Agreement held. Parties to report to Judge Susan O. Mollway that parties are in agreement. (FTR-Ctrm Chambers, 10:30 - 10:40) (Judge BARRY M. KURREN)(rwy) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
354

Letter addressed to Judge Susan Oki Mollway from EEOC, dated May 29, 2008. (emt, ) (Entered: 06/04/2008)

May 29, 2008

May 29, 2008

PACER
350

TRANSCRIPT of Proceedings held on 03/31/08, before Judge Kurren. Court Reporter/Transcriber Jessica Cahill, Telephone number (808)244-0776. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/17/2008. Redacted Transcript Deadline set for 6/27/2008. Release of Transcript Restriction set for 8/25/2008. (Cahill, Jessica)maukele_estates@hotmail.com (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

PACER
351

ORDER ON CONSENT DECREE (DOC. #341) - Signed by JUDGE SUSAN OKI MOLLWAY on 6/3/08. [The Court hereby retains jurisdiction for purposes of enforcing the Decree.] (341 in 1:06-cv-00451-SOM-BMK), (24 in 1:07-cv-00372-SOM-BMK) Associated Cases: 1:06-cv-00451-SOM-BMK, 1:07-cv-00372-SOM-BMK(emt, ) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
352

ORDER CLOSING CASES AND DISMISSING DEFENDANT NCL AMERICA INC. WITHOUT PREJUDICE PURSUANT TO FRCP 41(b)(2) - Signed by JUDGE SUSAN OKI MOLLWAY on 6/3/08. [Pursuant to Federal Rule of Civil Procedure 41(b)(2), IT IS HEREBY ORDERED that these matters are closed subject to the Court's jurisdiction to enforce the Consent Decree entered concurrently herein, and that Defendant NCL America Inc. is DISMISSED WITHOUT PREJUDICE. The Court shall retain jurisdiction to enforce the Decree as set forth in the Consent Decree.] Associated Cases: 1:06-cv-00451-SOM-BMK, 1:07-cv-00372-SOM-BMK(emt, ) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
353

JUDGMENT entered on 6/4/08. (emt, ) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
355

JOINT STIPULATION TO DISMISS (BAHAMAS) LTD; ORDER - Signed by JUDGE SUSAN OKI MOLLWAY on 6/4/08. [Defendant NCL (Bahamas) Ltd. is hereby dismissed with prejudice from this matter.] (emt, ) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
356

AMENDED JUDGMENT entered on 6/4/08. (emt, ) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER

COURT'S CERTIFICATE of Service - a copy of 353 JUDGMENT has been served on June 4, 2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )

June 4, 2008

June 4, 2008

PACER

COURT'S CERTIFICATE of Service - a copy of 356 AMENDED JUDGMENT has been served on June 4, 2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )

June 4, 2008

June 4, 2008

PACER

COURT'S CERTIFICATE of Service - copies of "ORDER ON CONSENT DECREE (DOC. #341)" (351 in 1:06-cv-00451-SOM-BMK, 25 in 1:07-cv-00372-SOM-BMK) and "ORDER CLOSING CASES AND DISMISSING DEFENDANT NCL AMERICA INC. WITHOUT PREJUDICE PURSUANT TO FRCP 41(b)(2)" (26 in 1:07-cv-00372-SOM-BMK, 352 in 1:06-cv-00451-SOM-BMK) have been served on June 4, 2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Associated Cases: 1:06-cv-00451-SOM-BMK, 1:07-cv-00372-SOM-BMK(emt, )

June 4, 2008

June 4, 2008

PACER

Case Details

State / Territory: Hawaii

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 22, 2006

Closing Date: June 3, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

NCL (Bahamas) Ltd. (Maui, HI), Private Entity/Person

NCL (Bahamas) Ltd. (Maui, HI), Private Entity/Person

Norwegian Cruise Line, Ltd. (Maui, HI), Private Entity/Person

Norwegian Corporation Ltd. (Maui, HI), Private Entity/Person

Norwegian Cruise Line, Ltd. (Maui, HI), Private Entity/Person

NCL America, Inc. (Maui, HI), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

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: 485,000

Order Duration: 2008 - 2010

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Training

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

National origin discrimination

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern

Other