Case: EEOC v. WESTLODGE HOSPITALITY, INC. dba EL PASO TRAVELODGE

3:00-cv-00297 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 28, 2000

Closed Date: Jan. 10, 2002

Clearinghouse coding complete

Case Summary

In September 2000, the EEOC's El Paso office filed this suit in the U.S. District Court for the Western District of Texas against Westlodge Hospitality, Inc. and WW Lodging Limited, LLC, both d/b/a El Past Travelodge-City Center, alleging violations of the Americans with Disabilities Act of 1990. Specifically, the EEOC alleged that the defendants terminated the complainant from his position as a night watchman in a hotel because he has spina bifida and requires a wheelchair for mobility. The …

In September 2000, the EEOC's El Paso office filed this suit in the U.S. District Court for the Western District of Texas against Westlodge Hospitality, Inc. and WW Lodging Limited, LLC, both d/b/a El Past Travelodge-City Center, alleging violations of the Americans with Disabilities Act of 1990. Specifically, the EEOC alleged that the defendants terminated the complainant from his position as a night watchman in a hotel because he has spina bifida and requires a wheelchair for mobility. The parties declined to enter into Alternative Dispute Resolution and had several serious disagreements regarding discovery. The defendants moved for summary judgment in August 2001 but were denied it in October 2001. A two-day jury trial ended with a verdict for the defendants in October 2001 at which time judgment was granted for the defendants and against the EEOC. The EEOC appealed the judgment in December 2001 but moved to dismiss their appeal in January 2001 at which time the case was closed.

Summary Authors

Tony Friedman (7/30/2007)

Documents in the Clearinghouse

Document

01-51291

USCA Docket [PACER]

EEOC v. Westlodge, et al

U. S. Court of Appeals for the Fifth Circuit

Jan. 10, 2002

Jan. 10, 2002

Docket

3:00-cv-00297

Docket [PACER]

EEOC v. Westlodge Hosp., et al

April 5, 2002

April 5, 2002

Docket
1

3:00-cv-00297

Complaint

EEOC v. Westlodge Hospitality

Sept. 28, 2000

Sept. 28, 2000

Complaint
29

3:00-cv-00297

Order [Regarding Plaintiff's Motion to Compel]

EEOC v. EEOC v. Weslodge Hospitality

June 15, 2001

June 15, 2001

Order/Opinion
80

3:00-cv-00297

Memorandum Opinion and Order Denying Summary Judgment

EEOC v. EEOC v. Weslodge Hospitality

Oct. 2, 2001

Oct. 2, 2001

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed. (rc) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

2

Waiver of Service by Westlodge Hosp., WW Lodging Limited ; Notice and Request Mailed on 11/13/00 ; Answer due on 1/12/01 for Westlodge Hosp., for WW Lodging Limited (fe) (Entered: 11/20/2000)

Nov. 20, 2000

Nov. 20, 2000

3

Answer by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 12/04/2000)

Nov. 29, 2000

Nov. 29, 2000

4

Standing Order Regarding Amendments to Federal Rules of Civil Procedure and Local Court Rules (fe) (Entered: 12/20/2000)

Dec. 20, 2000

Dec. 20, 2000

5

Notice of filing joint report of meeting & Joint discovery/case management by EEOC, Westlodge Hosp., WW Lodging Limited (fe) (Entered: 01/16/2001)

Jan. 16, 2001

Jan. 16, 2001

6

Notice of filing by disclosure of interested parites EEOC (fe) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

7

Notice of filing initial disclosures by WW Lodging Limited (fe) (Entered: 02/09/2001)

Feb. 9, 2001

Feb. 9, 2001

8

Order striking initial disclosures as premature (fe) Modified on 02/13/2001 (Entered: 02/13/2001)

Feb. 13, 2001

Feb. 13, 2001

10

Alternate Dispute Resolution Report filed by EEOC, Westlodge Hosp., WW Lodging Limited, Party(s) do not agree to Alternate Dispute Resolution (fe) (Entered: 02/23/2001)

Feb. 23, 2001

Feb. 23, 2001

11

Proposed / Witness / exhibit List by EEOC (fe) (Entered: 03/02/2001)

March 2, 2001

March 2, 2001

12

Scheduling order setting Joining of parties, amending of pleadings on 2/23/01 Deadline for filing of all motions 8/8/01 Discovery cutoff 7/8/01 Status conference by 9:00 10/9/01 ; Alternate Dispute Resolution Report due by 2/23/01 ; Jury Selection set for 9:30 10/9/01 ; Jury trial set for 9:30 10/9/01 (fe) (Entered: 04/06/2001)

April 6, 2001

April 6, 2001

13

Order set status conference for 9:00 10/9/01 (fe) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

14

Order set Jury trial for 9:30 10/9/01 , and set Jury selection for 9:30 10/9/01 (fe) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

15

Motion by EEOC for leave to file motion to compel in excess of 10 pages (fe) (Entered: 05/21/2001)

May 21, 2001

May 21, 2001

16

Combined Witness, Exhibit and Expert List by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 05/21/2001)

May 21, 2001

May 21, 2001

17

Order granting motion for leave to file motion to compel in excess of 10 pages [15-1] (fe) (Entered: 05/22/2001)

May 22, 2001

May 22, 2001

18

Motion by EEOC to compel (fe) (Entered: 05/22/2001)

May 22, 2001

May 22, 2001

19

Motion by EEOC to strike (fe) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

20

Response by Westlodge Hosp., WW Lodging Limited motion to strike [19-1] (fe) (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

22

Motion by Westlodge Hosp., WW Lodging Limited for protective order (fe) (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

23

Order granting motion for leave to file response to motion to compel out of time [21-1] (fe) (Entered: 06/08/2001)

June 8, 2001

June 8, 2001

24

Response by Westlodge Hosp., WW Lodging Limited motion to compel [18-1] (fe) (Entered: 06/08/2001)

June 8, 2001

June 8, 2001

25

Motion by EEOC to extend discovery (fe) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

26

Response by EEOC in opposition to motion for protective order [22-1] (fe) (Entered: 06/12/2001)

June 11, 2001

June 11, 2001

27

Reply by EEOC to response to motion for protective order [22-1] (fe) (Entered: 06/14/2001)

June 13, 2001

June 13, 2001

28

Order denying motion for protective order [22-1] (fe) (Entered: 06/14/2001)

June 14, 2001

June 14, 2001

29

Order granting in part, denying in part motion to compel [18-1] Futher Ordered that on or before 6/25/01 plfts submit to the Court an affidavit setting forth the expenses, including attorney's fees, plft incurred in brignt the instant motion to compel and deft to show cause on or before 7/6/01 why the Court should not award the expense plfts sets forth, if any, by a ffidavit as provided herein. ; (fe) (Entered: 06/15/2001)

June 15, 2001

June 15, 2001

30

Order denying motion to strike [19-1] and plft submit an affidavit to the Court setting for the expense, including attorney's fees, which plft incurred in bringing the instant Motion to strike (fe) (Entered: 06/18/2001)

June 15, 2001

June 15, 2001

31

Memorandum by Westlodge Hosp. in support of motion to extend discovery [25-1] (fe) (Entered: 06/21/2001)

June 21, 2001

June 21, 2001

32

Order granting motion to extend discovery [25-1] re discovery deadline set 8/8/01 (fe) (Entered: 06/22/2001)

June 22, 2001

June 22, 2001

33

Motion by EEOC to amend order [29-2] (fe) (Entered: 06/25/2001)

June 25, 2001

June 25, 2001

34

Response by EEOC to order [30-1] (fe) (Entered: 06/25/2001)

June 25, 2001

June 25, 2001

35

Response by EEOC to order [29-2] (fe) (Entered: 06/25/2001)

June 25, 2001

June 25, 2001

36

Reply by EEOC to Defendant's response to Plaintiff's motion to alter or amend order of 6/15/01 [29-2] [33-1] (fe) (Entered: 07/09/2001)

July 5, 2001

July 5, 2001

37

Motion by EEOC for leave to file amended designation of potential witnesses, designation of testifying experts, and list of proposed exhibits to add one potential witness (fe) (Entered: 07/09/2001)

July 5, 2001

July 5, 2001

38

Order granting motion for leave to file amended designation of potential witnesses, designation of testifying experts, and list of proposed exhibits [37-1] (fe) (Entered: 07/10/2001)

July 9, 2001

July 9, 2001

40

Response by Westlodge Hosp., WW Lodging Limited to Plaintiff's motion to amend the Court's 6/15/01 order [29-2] [33-1] (fe) (Entered: 07/11/2001)

July 9, 2001

July 9, 2001

41

Motion by Westlodge Hosp., WW Lodging Limited for leave to file late responses (fe) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

42

Order granting motion for leave to file late responses [41-1] (fe) (Entered: 07/13/2001)

July 13, 2001

July 13, 2001

43

Response by Westlodge Hosp., WW Lodging Limited to Plaintiff's submission of affidavits on Court's order ruling on Plaintiff's motion to strike [34-1] (fe) (Entered: 07/13/2001)

July 13, 2001

July 13, 2001

44

Response by Westlodge Hosp., WW Lodging Limited to Plaintiff's submission of affidavits on Court's order ruling on Plaintiff's motion to compel [35-1] (fe) (Entered: 07/13/2001)

July 13, 2001

July 13, 2001

45

Order granting motion to amend order [29-2] [33-1] (fe) (Entered: 07/26/2001)

July 23, 2001

July 23, 2001

46

Defendant's unnopposed motion by Westlodge Hosp., WW Lodging Limited to extend Dispositive motion deadline (fe) (Entered: 08/02/2001)

Aug. 2, 2001

Aug. 2, 2001

47

Order granting motion to extend Dispositive motion deadline [46-1]. The dispositive motion deadline is reset for 8/15/01. Plaintiff response is due 8/31/01 (fe) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

48

Motion by EEOC with memorandum in support exclude the testimony of defendants' expert witness. (fe) (Entered: 08/15/2001)

Aug. 14, 2001

Aug. 14, 2001

49

Motion by Westlodge Hosp., WW Lodging Limited for summary judgment (fe) (Entered: 08/16/2001)

Aug. 15, 2001

Aug. 15, 2001

50

Response by Westlodge Hosp., WW Lodging Limited to motion exclude the testimony of defendants' expert witness. [48-1] (fe) (Entered: 08/22/2001)

Aug. 22, 2001

Aug. 22, 2001

51

Response by EEOC to Defendant's motion for summary judgment [49-1] (fe) (Entered: 08/31/2001)

Aug. 31, 2001

Aug. 31, 2001

52

Appendix of material facts cited in support of Plaintiff's response to Defendant's motion for summary judgment [51-1] by EEOC (fe) (Entered: 08/31/2001)

Aug. 31, 2001

Aug. 31, 2001

53

Reply by EEOC to Defendant's response to Plaintiff's motion exclude the testimony of defendants' expert witness. [48-1] (fe) (Entered: 09/05/2001)

Sept. 4, 2001

Sept. 4, 2001

54

Reply by Westlodge Hosp., WW Lodging Limited to Plaintiff's response to motion for summary judgment [49-1] (fe) (Entered: 09/07/2001)

Sept. 7, 2001

Sept. 7, 2001

55

Motion by Westlodge Hosp., WW Lodging Limited to strike affidavit of Arturo Carrion (fe) (Entered: 09/07/2001)

Sept. 7, 2001

Sept. 7, 2001

56

Order denying Plaintiff's motion to exclude the testimony of defendants' expert witness. [48-1] (fe) (Entered: 09/14/2001)

Sept. 12, 2001

Sept. 12, 2001

58

Order denying motion to strike affidavit [55-1] (fe) (Entered: 09/26/2001)

Sept. 25, 2001

Sept. 25, 2001

59

Notice of filing Plaintiff's proposed voir dire questions by EEOC (fe) Modified on 10/01/2001 (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

60

Statement of issues filed by EEOC (fe) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

61

Proposed Stipulation of facts filed by EEOC (fe) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

62

Exhibit Identification list by EEOC (fe) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

63

Designation of trial Witness List by EEOC (fe) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

64

Notice of filing Proposed Jury Instructions by EEOC (fe) Modified on 10/01/2001 (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

65

Notice of filing Proposed Verdict form by EEOC (fe) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

66

Notice of filing Witnesses whose testimony may be presented by means of deposition by EEOC (fe) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

67

Motion by EEOC in limine (fe) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

68

Brief by EEOC in support of motion in limine [67-1] (fe) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

69

Notice of filing Estimate of trial length by EEOC (fe) (Entered: 10/01/2001)

Sept. 28, 2001

Sept. 28, 2001

78

Reply by Westlodge Hosp., WW Lodging Limited to Plaintiff's response to motion to strike affidavit [55-1] (fe) (Entered: 10/02/2001)

Sept. 28, 2001

Sept. 28, 2001

70

Notice of filing estimation of trial length by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

71

Statement of defenses filed by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

72

Exhibit list by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

73

Proposed Stipulation of facts filed by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

74

Designation of fact and expert witnesses filed by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

75

Motion by Westlodge Hosp., WW Lodging Limited in limine (fe) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

76

Notice of filing requested voir dire by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

77

Notice of filing requested charge to the jury by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

80

Memorandum and Order denying motion for summary judgment [49-1] (fe) (Entered: 10/03/2001)

Oct. 2, 2001

Oct. 2, 2001

81

Notice of filing Intention to present deposition testimony by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 10/04/2001)

Oct. 3, 2001

Oct. 3, 2001

82

Memorandum by Westlodge Hosp., WW Lodging Limited in response to motion in limine [75-1] (fe) (Entered: 10/05/2001)

Oct. 5, 2001

Oct. 5, 2001

83

Objections by Westlodge Hosp., WW Lodging Limited to exhibits list [62-1] (fe) (Entered: 10/05/2001)

Oct. 5, 2001

Oct. 5, 2001

84

Objections by EEOC to Defendant's proposed exhibits list [72-1] (fe) (Entered: 10/09/2001)

Oct. 5, 2001

Oct. 5, 2001

85

Notice of filing offer of testimony by deposition by EEOC (fe) (Entered: 10/09/2001)

Oct. 5, 2001

Oct. 5, 2001

86

Written objections by EEOC to Defendants' requested Charge to the Jury [77-1] (fe) (Entered: 10/09/2001)

Oct. 5, 2001

Oct. 5, 2001

87

Response by EEOC and objections to Defendants' motion in limine [75-1] (fe) (Entered: 10/09/2001)

Oct. 5, 2001

Oct. 5, 2001

88

Brief by EEOC in support of the admissibility of it's Letter of Determination (fe) (Entered: 10/09/2001)

Oct. 5, 2001

Oct. 5, 2001

89

Supplemental Motion by EEOC in limine (fe) (Entered: 10/09/2001)

Oct. 5, 2001

Oct. 5, 2001

90

Response by Westlodge Hosp., WW Lodging Limited to Plaintiff's supplemental motion in limine [89-1] (fe) (Entered: 10/09/2001)

Oct. 9, 2001

Oct. 9, 2001

91

Motion by Westlodge Hosp., WW Lodging Limited for leave to file amended answer to complaint (fe) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

92

Notice of filing requested Charge to the Jury by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

93

Notice of filing proposed order of trial witnesses by EEOC (fe) (Entered: 10/12/2001)

Oct. 9, 2001

Oct. 9, 2001

94

Order granting motion in limine [89-1] (fe) (Entered: 10/12/2001)

Oct. 9, 2001

Oct. 9, 2001

95

Order granting motion in limine [75-1] (fe) (Entered: 10/12/2001)

Oct. 9, 2001

Oct. 9, 2001

Status conference held (fe) (Entered: 10/12/2001)

Oct. 9, 2001

Oct. 9, 2001

Voir dire begins (fe) (Entered: 10/12/2001)

Oct. 9, 2001

Oct. 9, 2001

96

Peremptory challenges by EEOC (fe) (Entered: 10/12/2001)

Oct. 9, 2001

Oct. 9, 2001

97

Peremptory challenges by Westlodge Hosp., WW Lodging Limited (fe) (Entered: 10/12/2001)

Oct. 9, 2001

Oct. 9, 2001

98

Jury seating arrangement filed (fe) (Entered: 10/12/2001)

Oct. 9, 2001

Oct. 9, 2001

Jury trial begun and continued to 10/10/01 at 9:30 (fe) (Entered: 10/12/2001)

Oct. 9, 2001

Oct. 9, 2001

Jury selection held (mm1) (Entered: 11/05/2001)

Oct. 9, 2001

Oct. 9, 2001

Jury trial held. Opening statements heard. Plaintiff began presenting evidence. Trial recessed at 5:00 pm. Trial to resume 10/11/01 (fe) (Entered: 10/12/2001)

Oct. 10, 2001

Oct. 10, 2001

99

Response by EEOC to Defendant's motion for leave to file amended answer to complaint [91-1] (fe) (Entered: 10/12/2001)

Oct. 10, 2001

Oct. 10, 2001

100

Memorandum by EEOC in opposition to Defendant's motion for leave to file amended answer to complaint [91-1] (fe) (Entered: 10/12/2001)

Oct. 10, 2001

Oct. 10, 2001

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2000

Closing Date: Jan. 10, 2002

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

Westlodge Hospitality, Inc. (El Paso), Private Entity/Person

WW Lodging Limited, LLC (El Paso), 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

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits