Case: EEOC v. NCL AMERICA

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

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

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

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

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

Almlhany v. NCL America, Inc.

EEOC v. NCL America Inc.

EEOC v. NCL America Inc.

EEOC v. NCL America, Inc.

EEOC v. NCL America Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

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, )

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, )

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, )

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)

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)

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, )

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

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)

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)

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, )

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)

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)

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, )

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)

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)

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)

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, )

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)

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

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

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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, )

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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, )

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

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, )

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)

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

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, )