Case: EEOC v. PALAFOX HOSPITALITY LTD (d/b/a LA POSADA HOTEL/SUITES)

5:01-cv-00038 | U.S. District Court for the Southern District of Texas

Filed Date: March 7, 2001

Closed Date: 2002

Clearinghouse coding complete

Case Summary

The El Paso office of the EEOC brought this action in the U.S. District Court for the Southern District of Texas, against Palafox Hospitality Ltd. d/b/a La Posado Hotel/Suites. The complaint, filed in March 2001, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant had subjected the charging parties to sexual harassment and a hostile work environment. In February 2002, the parties entered into a consent decree which was valid for 2 y…

The El Paso office of the EEOC brought this action in the U.S. District Court for the Southern District of Texas, against Palafox Hospitality Ltd. d/b/a La Posado Hotel/Suites. The complaint, filed in March 2001, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant had subjected the charging parties to sexual harassment and a hostile work environment. In February 2002, the parties entered into a consent decree which was valid for 2 years.

The decree enjoined Defendant from discriminating or retaliating against its employees and required the Defendant to pay a total of $65,000 to 2 charging parties ($64,000 to one party and $1,000 to another). Defendant was also required to post a notice of non-discrimination at its facility, provide Title VII training to its managers and supervisors, adopt a "Zero Tolerance" anti-discrimination policy, implement a confidential procedure for employees to lodge complaints of sexual harassment, and regularly report to the EEOC about its compliance with the decree.

Summary Authors

Elizabeth Glassman (7/5/2007)

Documents in the Clearinghouse

Document

5:01-cv-00038

Docket

EEOC v. Palafox Hospitality Ltd

June 30, 2003

June 30, 2003

Docket
10

5:01-cv-00038

Order [Regarding Defendant's Motion to Stay]

EEOC v. Palafox Hospitality Ltd

Sept. 19, 2001

Sept. 19, 2001

Order/Opinion

188 F.Supp.2d 188

20

5:01-cv-00038

Consent Decree

EEOC v. Palafox Hospitality Ltd

Feb. 8, 2002

Feb. 8, 2002

Settlement Agreement
27

5:01-cv-00038

Oder of Dismissal

EEOC v. Palafox Hospitality Ltd.

June 30, 2003

June 30, 2003

Order/Opinion

Resources

Docket

Last updated March 30, 2024, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by EEOC filed; (psmith) (Entered: 03/16/2001)

March 7, 2001

March 7, 2001

3

ANSWER to platf's Original Complaint by deft Palafox Hospitality (Added attorney Gregory Gannon), filed. (mmarquez) (Entered: 06/07/2001)

May 31, 2001

May 31, 2001

2

WAIVER OF SERVICE Returned Executed as to Palafox Hospitality 5/4/01. Answer due on 7/3/01 for Palafox Hospitality , filed. (mmarquez) (Entered: 07/06/2001)

May 31, 2001

May 31, 2001

5

MOTION to stay proceedings by deft Palafox Hospitality, Motion Docket Date 8/28/01 [5-1] motion , filed. (mmarquez) (Entered: 08/10/2001)

Aug. 8, 2001

Aug. 8, 2001

6

CERTIFICATE OF INTERESTED PARTIES by EEOC , filed. (mmarquez) (Entered: 08/30/2001)

Aug. 8, 2001

Aug. 8, 2001

7

MOTION to strike and response in opposition to defendant's [5-1] motion to stay proceedings by pltf EEOC , Motion Docket Date 9/13/01 [7-1] motion , filed. (mmarquez) (Entered: 08/27/2001)

Aug. 24, 2001

Aug. 24, 2001

8

MOTION for leave to file an amended motion to stay proceedings by dft Palafox Hospitality, Motion Docket Date 10/3/01 [8-1] motion , filed. (mmarquez) (Entered: 09/14/2001)

Sept. 13, 2001

Sept. 13, 2001

8

RESPONSE by Palafox Hospitality in opposition to [7-1] motion to strike , filed (mmarquez) (Entered: 09/14/2001)

Sept. 13, 2001

Sept. 13, 2001

9

JOINT DISCOVERY/Case Management Plan by EEOC and Palafox Hospitality , filed. (mmarquez) (Entered: 09/18/2001)

Sept. 14, 2001

Sept. 14, 2001

10

ORDER denying dft's [5-1] motion to stay proceedings and therefore, mooting pltf's [7-1] motion to strike , entered; Parties notified. ( signed by Magistrate Judge Adriana Arce-Flores ) (mmarquez) (Entered: 09/20/2001)

Sept. 19, 2001

Sept. 19, 2001

Clearinghouse
11

Minute entry: Telephonic held. Apps: Selena Solis f/pltf; Hella V. Scheuerman f/dft. Hearing begun. Mtn f/leave to file an amended mtns to stay proceedings DENIED. Ordet to follow. The parties have informed the Court there is a possibility of a settlement. The Court informed the parties they can mediate before a U.S. Magistrate Judge at no cost. set scheduling conference for 2:00 11/8/01 before Magistrate Judge Adriana Arce-Flores Order to follow. Hearing concluded. Ct Reporter: ERO. (mmarquez) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

12

ORDER set scheduling conference for 2:00 11/8/01 before Magistrate Judge Adriana Arce-Flores ; This conference is to be telephonic and will be initiated by counsel for the pltf , entered; Parties notified. ( signed by Magistrate Judge Adriana Arce-Flores (mmarquez) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

13

ORDER denying [8-1] motion for leave to file an amended motion to stay proceedings. After careful consideration, the Court finds that leave is not merited. On Sept. 20. 2001, this Court denied deft's to stay proceedings and pltf's mtn to strike. Thus, dft's mtn for leave is MOOT. , Moreover, dft's amended mtn to stay proceedings attached to the mtn for leave does not persuade this court that federal abstention is required. Therefore, IT IS HEREBY ORDERED that the dtf's mtn for leave is DENIED. entered; Parties notified. ( signed by Magistrate Judge Adriana Arce-Flores ) (mmarquez) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

14

ORDER sched. cnf. set for Nov. 8, 2001 @ 2:00 P.M. be reset for 3:30 11/14/01 before Magistrate Judge Adriana Arce-Flores ; This conference is to be telephonic and will be iniated by counsel f/pltf , entered; Parties notified. ( signed by Magistrate Judge Adriana Arce-Flores ) (mmarquez) (Entered: 11/07/2001)

Nov. 7, 2001

Nov. 7, 2001

16

ORDER set status conference for 4:00 1/17/02 before Magistrate Judge Adriana Arce-Flores ; This conference is to be telephonic and will be initiated by counsel f/pltf; entered; Parties notified. ( signed by Magistrate Judge Adriana Arce-Flores) (mmarquez) (Entered: 11/15/2001)

Nov. 14, 2001

Nov. 14, 2001

17

Minute entry: Telephone Conference held. Apps: Selena N. Solis f/pltf; Hella Scheuerman f/deft; Parties informed the Court of Settlement Proceedings; Parties to provide the Court with Settlement Documents by 1/24/02 . Hearing Concluded. Ct Reporter: ERO . (mmarquez) (Entered: 01/18/2002)

Jan. 17, 2002

Jan. 17, 2002

18

JOINT MOTION to enter Consent Decree by EEOC, Palafox Hospitality , filed (mmarquez) (Entered: 01/25/2002)

Jan. 25, 2002

Jan. 25, 2002

19

FINAL JUDGMENT granting [18-1] joint motion to enter Consent Decree; On this day came on to be heard the parties' Joint Mtn to Enter Consent Decree. After reviewing the Consent Decree, the Court finds that all issues in the Cmplt have been disposed of, that the parties are in agreement, and that the Consent Decree should be entered. It is therefore ordered that the Consent Decree is hereby entered. The Court shall retain jurisdiction to enforce the terms and conditions as set forth in the Consent Decree, which is attached to the parties' Joint Mtn to Enter Consent Decree , entered. Parties ntfd. ( signed by Judge Keith P. Ellison ) (mmarquez) (Entered: 01/29/2002)

Jan. 28, 2002

Jan. 28, 2002

Case closed (mmarquez) (Entered: 01/29/2002)

Jan. 29, 2002

Jan. 29, 2002

20

CONSENT DECREE , entered; Parties notified ( signed by Judge Keith P. Ellison ) (mmarquez) (Entered: 02/08/2002)

Feb. 8, 2002

Feb. 8, 2002

Clearinghouse
21

MOTION to dismiss the Consent Decree w/out prejudice by pltf EEOC, Motion Docket Date 6/26/03 [21-1] motion , filed. (mmarquez) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

22

MOTION to substitute for the purpose of making this filing on behalf of Deft Palafox Hospitality, LTD by Bridget Sopper Oliva, an attorney licensed to practice law in the Southern District of Texas and who has established a representative relationship with PALAFOX HOSPITALITY, LTD., d/b/a La Posada Hotel and files this mtn to substitute for the purpose of making this filing, Motion Docket Date 7/1/03 [22-1] motion , filed. (mmarquez) (Entered: 06/13/2003)

June 11, 2003

June 11, 2003

23

RESPONSE by Palafox Hospitality to [21-1] motion to dismiss the Consent Decree w/out prejudice , filed. (mmarquez) (Entered: 06/13/2003)

June 11, 2003

June 11, 2003

24

ORDER Counsel for the parties shall submit a joint proposed order of dismissal not later than 7/7/03 ; Said order shall contain agreed languages as to whether dismissal shall be with or without prejudice , entered; Parties notified. ( signed by Judge Keith P. Ellison ) (mmarquez) (Entered: 06/16/2003)

June 13, 2003

June 13, 2003

25

REPLY by EEOC to deft's response to [21-1] pltf's motion to dismiss the Consent Decree w/out prejudice , filed (mmarquez) (Entered: 06/16/2003)

June 16, 2003

June 16, 2003

27

ORDER of Dismissal; Upon request of the parties, this case is DISMISSED WITH PREJUDICE w/each party to bear its own costs , entered; Parties notified. ( signed by Judge Keith P. Ellison ) (mmarquez) (Entered: 06/30/2003)

June 27, 2003

June 27, 2003

Clearinghouse

Case closed (mmarquez) (Entered: 06/30/2003)

June 30, 2003

June 30, 2003

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 7, 2001

Closing Date: 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

Palafox Hospitality Ltd., Private Entity/Person

Palafox Hospitality Ltd., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 65000

Order Duration: 2002 - 2004

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits