Case: EEOC v. WHITEHALL HOTEL

EEOC v. Whitehall Hotel, Ltd., et al

EEOC v. Whitehall Hotel, Ltd., et al

EEOC v. Whitehall Hotel, Ltd., et al

EEOC vs. Whitehall, et. al.

EEOC vs. Whitehall Hotel, Ltd., et. al.

EEOC v. Whitehall Hotel, Ltd., et al

EEOC v. Whitehall Hotel, Ltd., et al

EEOC v. Whitehall Hotel, Ltd., et al

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Gordon G. Waldron as attorney(s) for plaintiff ( No summons(es) issued.) ( Documents: 1-1 through 1-3) (las) (Entered: 09/29/2003)

SCHEDULE set on 10/2/03 by Hon. John W. Darrah : Status hearing set for 12/10/03 at 9:00 a.m. Mailed notice (maf)

WAIVER of service of summons as to defendant sent on 10/31/03 (las) (Entered: 11/17/2003)

MOTION by defendant to extend the time to answer or otherwise plead ; Notices (las) (Entered: 12/04/2003)

ATTORNEY APPEARANCE for defendant by J Joseph Little, Susan Bogart (las) (Entered: 12/04/2003)

MINUTE ORDER of 12/3/03 by Hon. John W. Darrah : Defendant's motion for an extension of time to answer or otherwise plead to the complaint is granted [3-1] to and including 1/29/03. Status hearing set for 12/10/03 is stricken and reset to 1/20/04 at 9:00 a.m. Mailed notice (las) (Entered: 12/04/2003)

MINUTE ORDER of 12/8/03 by Hon. John W. Darrah : The minute order of 12/3/03 is amended to reflect that the defendant has to and including 1/29/04 to answer or otherwise plead to the complaint. Status hearing set for 1/20/04 is stricken and reset to 1/29/04 at 9:30 a.m. Mailed notice (las) (Entered: 12/08/2003)

ANSWER by defendant to plaintiff's complaint [1-1]; Notice (hp) (Entered: 02/02/2004)

SCHEDULE set on 1/29/04 by Hon. John W. Darrah : Status hearing held. Pretrial order to be submitted on 2/27/05. Pretrial set for 3/3/05 at 11:30 a.m. Jury trial set for 3/28/05 at 10:00 a.m. Mailed notice (maf)

MINUTE ORDER of 2/12/04 by Hon. John W. Darrah : Parties' Rule 26(a)(1) disclosures to be made by 02/13/04. Fact discovery ordered closed on 09/30/04. Plaintiff's expert reports are due by 10/15/04. Defendant's expert reports are due by 11/05/04. The plaintiff has until 04/15/04 to join additional parties and until 04/19/04 to amend its pleadings. Dispositive motions to be filed by 11/15/04. Plaintiff will prepare a proposed pretrial order by 02/15/04. Joint pretrial order to be filed by 02/27/05. Pretrial conference set for 03/03/05 at 11:30 a.m. Jury trial set for 03/28/05 at 10:00 a.m. (Entered Agreed Order). Mailed notice (ar) Modified on 02/17/2004 (Entered: 02/17/2004)

MOTION by plaintiff EEOC for leave to file first amended complaint and to file first amended complaint instanter ; Notice. (jmm) (Entered: 04/28/2004)

ATTORNEY APPEARANCE for plaintiff by Jeanne B. Szromba and Diane Ilene Smason. (jmm) (Entered: 04/21/2004)

MINUTE ORDER of 4/27/04 by Hon. John W. Darrah: Plaintiff's motion for leave to file first amended complaint and to file first amended complaint instanter, is granted [10-1]. Responsive pleadings to be filed by 5/25/04. Rule 26(a)(1) disclosures to be exchanged by 5/18/04. Status hearing set for 6/16/04 at 9:00 a.m. Mailed notice (jmm) (Entered: 04/28/2004)

FIRST AMENDED COMPLAINT [1-1] by plaintiff EEOC adding Whitehall Hotel Restaurant, Inc.; jury demand. (jmm) (Entered: 04/28/2004)

SCHEDULE set on 5/5/04 by Hon. John W. Darrah : Status hearing set for 6/16/04 is stricken and re-set to 6/30/04 at 9:00 a.m. Mailed notice (maf)

ANSWER by defendants to amended complaint [12-1]; Notice (rmm) (Entered: 05/26/2004)

ATTORNEY APPEARANCE for defendants by Joseph Little and Susan Bogart (las) (Entered: 05/28/2004)

SCHEDULE set on 6/30/04 by Hon. John W. Darrah : Status hearing held . Mailed notice (maf)

MOTION by defendant Whitehall Htl Ltd to compel (Attachment); Notice.. (lc) (Entered: 08/12/2004)

RESPONSE by plaintiff EEOC to defendants' motion to compel (Attachment). (vmj) (Entered: 07/30/2004)

MOTION by plaintiff to quash subpeona and for protective order (Attachment); Notice. (lc) (Entered: 08/12/2004)

MOTION by plaintiff to compel discovery responses (Attachments); Notice. (lc) (Entered: 08/12/2004)

REPLY by defendant in support of motion to compel (Attachment); Notice. (air) (Entered: 08/11/2004)

RESPONSE by defendants to EEOC's motion to quash and for protective order with motion; Notice. (air) (Entered: 08/11/2004)

OPPOSITION by defendants to the EEOC's motion to compel, with response (Attachments); Notice. (gma) (Entered: 08/11/2004)

MINUTE ORDER of 8/10/04 by Hon. John W. Darrah : Plaintiff's motion to quash the subpeona [20-1] and for protective order [20-2] is denied in part and granted in part. Protective order to follow. Defendant's motion to enforce subpoena directed to Hyatt is granted [17-1]. Plaintiff's motion to compel discovery responses [21-1] is taken under advisement. Defendant's motion to compel is granted [19-1]. Mailed notice (lc) (Entered: 08/12/2004)

REPLY by plaintiff in support of its motion to compel discovery responses [21-1] (las) (Entered: 08/23/2004)

MINUTE ORDER of 8/30/04 by Hon. John W. Darrah : For the reasons stated in the attached memorandum opinion and order, plaintiff's motion to compel is granted in part and denied in part [21-1]. Defendants shall produce the materials, consistent with the above rulings, within 21 days from the date of this order. Entered Memorandum Opinion and Order. Mailed notice (las) (Entered: 08/31/2004)

MOTION by plaintiff EEOC to extend discovery cut-off date ; Notice. (jmp) (Entered: 09/15/2004)

MINUTE ORDER of 9/14/04 by Hon. John W. Darrah : Plaintiff's motion to extend discovery cut-off date to 11/15/04 is granted [25-1]. Mailed notice (jmp) (Entered: 09/15/2004)

MINUTE ORDER of 9/20/04 by Hon. John W. Darrah : Entered Stipulated Protective Order). Mailed notice (las) (Entered: 09/21/2004)

MOTION by defendants to quash EEOC's Rule 30(b)(6) subpoena (Attachments) (las) (Entered: 09/29/2004)

REVISED NOTICE by defendants of its motion to quash EEOC's Rule 30(b)(6) subpoena [29-1] (las) (Entered: 09/29/2004)

RESPONSE by plaintiff to defendants' motion to quash EEOC's Rule 30(B)(6) Subpoena(Attachments) (las) (Entered: 09/27/2004)

MINUTE ORDER of 9/28/04 by Hon. John W. Darrah : Defendants' motion to quash EEOC's Rule 30(b)(6) subpoena [29-1] is entered and briefed as follows: response by 10/4/04, reply (if necessary), by 10/12/04. Status hearing set for 10/20/04 at 9:00 a.m. Mailed notice (las) (Entered: 09/29/2004)

REPLY by defendant in support of their motion to quash EEOC's Rule 30(b)(6) subpoena [29-1]; Notice (las) (Entered: 10/05/2004)

MINUTE ORDER of 10/12/04 by Hon. John W. Darrah : Defendants' motion to quash EEOC's Rule 30(b)(6) subpoena is denied [29-1]. Status hearing scheduled for 10/20/04 is stricken. (See reverse of minute order.) Mailed notice (las) (Entered: 10/13/2004)

MOTION by Whitehall Htl Ltd and Whitehall Htl Rest to dismiss and for sanctions (Attachments); Notice (las) (Entered: 11/05/2004)

MOTION by defendants for scheduling order ; Notice (las) (Entered: 11/05/2004)

MOTION by defendants to compel and for sanctions (Attachments); Notice (las) (Entered: 11/05/2004)

MINUTE ORDER of 11/4/04 by Hon. John W. Darrah : Defendant's motion to compel [36-1] and for sanctions [36-2] and defendant's motion for dismissal [34-1] and sanctions sanctions [34-2] is entered and briefed as follows: response by 11/12/04, reply by 11/19/04. Status hearing set for 12/2/04 at 9:00 a.m. Defendant's motion to set a scheduling order is granted [35-1]. Plaintiff's to file any expert reports by 11/3/04, defendant's expert reports by 12/21/04. Dispositive motions to be filed by 12/21/04. Response by 1/11/05, reply by 1/25/05. In court hearing set for 2/24/05 at 9:00 a.m. Mailed notice (las) (Entered: 11/05/2004)

REFERRAL ORDER of 11/8/04 The case is referred to the Hon. Nan R. Nolan from the Hon. John W. Darrah to conduct settlement conference. (For further details see order). Mailed notice (cem) (Entered: 11/09/2004)

MOTION by defendants for protective order (Attachments); Notice (rmm) (Entered: 11/17/2004)

SCHEDULE set on 11/9/04 by Hon. Nan R. Nolan : Settlement conference set for 12/10/04 at 9:30 a.m. Parties are reminded that Judge Nolan requires compliance with the enclosed standing order before conducting a settlement conference. Mailed notice (hmb)

RESPONSE by plaintiff to defendants' motion to compel [36-1] and for sanctions [36-2] (vkd) (Entered: 11/16/2004)

RESPONSE by plaintiff to defendants' motion to dismiss [34-1] and for sanctions [34-2] (Exhibits). (vkd) (Entered: 11/16/2004)

Filed 11/15/04 plaintiff EEOC's Response to motion for protective order [41-1]. (Attachments). (gl) (Entered: 11/17/2004)

MINUTE ORDER of 11/16/04 by Hon. John W. Darrah : Defendant having presented its' motion for a protective order in open court, a ruling will be made by mail. Mailed notice (rmm) (Entered: 11/17/2004)

REPLY by defendants in support of motion to compel [36-1]; Notice. (gma) (Entered: 11/22/2004)

REPLY by defendants in support of motion to dismiss [34-1] (Attachments). (gma) (Entered: 11/22/2004)

SUPPLEMENT by plaintiff to its response to defendants' motion to dismiss and for sanctions [40-1]; Notice (las) (Entered: 11/30/2004)

MOTION by plaintiff to revise scheduling order ; Notice (las) (Entered: 12/03/2004)

REPLY by defendant in support of its motion for protective order [41-1]; Notice (las) (Entered: 11/29/2004)

OPPOSITION by defendant to plaintiff's motion to revise scheduling order; Notice (las) (Entered: 12/02/2004)

MINUTE ORDER of 12/2/04 by Hon. John W. Darrah : Plaintiff's motion to revise scheduling order is granted in part and denied in part [49-1]. Discovery is extended to 2/1/05. All other dates to stand. Mailed notice (las) (Entered: 12/03/2004)

MINUTE ORDER of 12/8/04 by Hon. John W. Darrah : Defendants' motion for protective order is denied [41-1]. (See reverse of minute order.) Mailed notice (rmm) (Entered: 12/09/2004)

MINUTE ORDER of 12/13/04 by Hon. John W. Darrah : For the reasons stated in the attached memorandum opinion and order, defendants' motion to compel [36-1] and for sanctions is granted in part and denied in part. [36-2] Defendants' motion to dismiss [34-1] and for sanctions [34-2] is denied. Plaintiff shall produce the materials, consistent with the above rulings, within 21 days from the date of this order. Entered Memorandum Opinion and Order. Mailed notice (eav) (Entered: 12/15/2004)

MINUTE ORDER of 12/15/04 by Hon. Nan R. Nolan : Pursuant to settlement conference held on 12/10/04, parties report that they are unable to reach a settlement. All matters related to the referral of this action having been concluded, the case is returned to the assigned judge. Mailed notice (las) (Entered: 12/16/2004)

MOTION by defendants for summary judgment ; Memorandum in support ; Notice (las) (Entered: 12/22/2004)

LOCAL RULE 56.1 Statement of undisputed facts in support of summary judgment by defendants (las) (Entered: 12/22/2004)

EXHIBITS by defendants in support of their motion for summary judgment [54-1] (las) (Entered: 12/22/2004)

RESPONSE by plaintiff to defendants' motion for summary judgment [54-1]; Notice (las) (Entered: 01/12/2005)

RULE 56.1(b) response to defendants' rule 56.1(a) Statement of undisputed facts in support of summary judgment by plaintiff (las) (Entered: 01/12/2005)

EXHIBITS by plaintiff in support of its rule 56.1(b) response to defendants' motion for summary judgment [58-1] (las) (Entered: 01/12/2005)

REPLY by Defendants Whitehall Hotel, Ltd.,and Whitehall Hotel Restaurant, Inc. to plaintiff's Rule 56.1(b) response to defendants' Rule 56.1(a) statement of undisputed facts in support of summary judgment ; Notice (las, ) (Entered: 01/28/2005)

MOTION by Defendants Whitehall Hotel, Ltd.,and Whitehall Hotel Restaurant, Inc. to strike EEOC ex.D, Declaration of Eric Oden, and exhibits G-J to summary judgment and statements of fact relying thereon. (las, ) (Entered: 01/28/2005)

REPLY by Defendants Whitehall Hotel, Ltd.,and Whitehall Hotel Restaurant, Inc. to EEOC's response to defendants' motion for summary judgment 57 (las, ) (Entered: 01/28/2005)

DECLARATION of Eric Oden by Equal Employment Opportunity (las, ) (Entered: 01/28/2005)

MOTION by Plaintiff Equal Employment Opportunity Commission for leave to file second amended complaint, instanter 12, and motion for Rule 37(c) sanctions (Attachments: # 1 Second Amended Complaint)(gma, ) (Entered: 02/04/2005)

NOTICE of Motion by Jeanne B. Szromba for presentment of MOTION by Plaintiff Equal Employment Opportunity Commission for leave to file second amended complaint, instanter 12, and motion for Rule 37(c) sanctions 66 before Honorable John W. Darrah on 2/9/2005 at 09:00 AM. (gma, ) (Entered: 02/04/2005)

RESPONSE by plaintiff EEOC's to Defendants motion to strike EEOC's Ex. D. Declaration of Eric Oden, and Exhibts G-J to summary judgment and statements of fact relying thereon 61 . (gcy, ) (Entered: 02/07/2005)

MINUTE entry before Judge John W. Darrah : Plaintiff's motion for leave to file a second amended complaint, instanter is granted 66 . Defendant to respond by 2/23/05. Plaintiff's motion for Rule 37 sanctions is denied 66 . Defendant's motion to strike certain exhibits is denied 61 . Pretrial conference set for 3/3/05 is re-set to 3/24/05 at 1:30 p.m. Pretrial order to be filed by 3/17/05. (las, ) (Entered: 02/09/2005)

SECOND amended complaint by Equal Employment Opportunity Commission against Whitehall Hotel LLC, Whitehall Hotel, Ltd.,and Whitehall Hotel Restaurant, Inc. (las, ) (Entered: 02/10/2005)

REPLY by Defendants Whitehall Hotel, Ltd. and Whitehall Hotel Restaurant, Inc. in support of motion to strike EEOC Ex. D, declaration of Eric Oden, and exhibits G-J to sumamry judgment and statement of fact relying thereon; Notice. (las, ) Modified on 1/23/2006 (ym, ). (Entered: 02/11/2005)

MINUTE entry before Judge John W. Darrah : For the reasons stated in the attached memorandum opinion and order, defendant's motion for summary judgment is entered in part and denied in part. Summary judgment is granted as to plaintiff's claim for injunctive relief and denied as to the remaining claims. Enter memorandum opinion and order. Pretrial conference set for 03/24/05 and jury trial set for 03/28/05 are vacated. Civil case terminated. Mailed notice (lxs, ) (Entered: 02/28/2005)

ENTERED JUDGMENT Signed by Judge John W. Darrah on 2/24/2005: Mailed notice (lxs, ) (Entered: 02/28/2005)

MEMORANDUM Opinion and Order Signed by Judge John W. Darrah on 2/24/2005: Mailed notice (lxs, ) (Entered: 02/28/2005)

MOTION by Defendants to strike and dismiss second amended complaint; Notice; Exhibit A.(lxs, ) Modified on 5/12/2006 (ym, ). (Entered: 02/28/2005)

MINUTE entry before Judge John W. Darrah : The 2/24/05 minute order is amended to reflect that the case is still pending as to the outstanding claims. Case reinstated. The judgment in this case is hereby vacated. Pretrial conference set for 3/24/05 at 11:30 a.m. Jury trial set for 3/28/05 at 9:00 a.m. Mailed notice (eav, ) (Entered: 03/02/2005)

MOTION by Plaintiff Equal Employment Opportunity Commission to extend trial date (gma, ) (Entered: 03/04/2005)

NOTICE of Motion by Jeanne B. Szromba for presentment of MOTION by Plaintiff Equal Employment Opportunity Commission to extend trial date 77 before Honorable John W. Darrah on 3/15/2005 at 09:00 AM. (gma, ) (Entered: 03/04/2005)

OPPOSITION by defendants to EEOC's motion to continue trial date 77 (las, ) (Entered: 03/10/2005)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Aaron R. DeCamp;Notice. (ar, ) (Entered: 03/17/2005)

MOTION by Defendants for enlargement of time to file pretrial order. (ar, ) (Entered: 03/17/2005)

NOTICE of Motion by Defendants for presentment of their motion for enlargement of time to submit pretrial order 82 before Honorable John W. Darrah on 3/15/2005 at 09:00 AM. (ar, ) (Entered: 03/17/2005)

MINUTE entry before Judge John W. Darrah : Defendant's motion for an enlargement of time to submit the pretrial order is granted. Pretrial order to be filed by 3/21/2005. Plaintiff's motion to extend the trial date is denied 77 . Defendant's motion to strike and dismiss the second amended complaint is entered and briefed as follows: response by 3/18/05, reply by 3/21/05. Ruling on pretrial conference on 3/24/05 at 11:30 a.m. No notice (lcw ) (Entered: 03/16/2005)

Set/Reset Deadlines as to Defendant's motion to strike and dismiss the second amended complaint is entered 75 and briefed as follows: response by 3/18/2005, reply by 3/21/2005. (lcw )

MINUTE entry before Judge John W. Darrah : Pretrial conferfence set for 03/24/05 is reset to 05/05/05 at 1:30 PM. Pretrial order to be filed by 04/28/05. Jury trial set for 03/28/05 is reset to 05/09/05 at 9:00 AM. Defendant's motion to strike or dismiss the second amended complaint 75 is entered and briefed as follows: Response by 03/22/2005; Reply by 03/29/2005. Status hearing set for 4/21/2005 at 09:00 AM. Mailed notice (ar, ) (Entered: 03/21/2005)

Set/Reset Hearings pursuant to Judge Darrah's minute order dated 03/17/05: Pretrial conference is reset to 05/05/05 at 1:30 PM. Jury Trial reset to 05/09/05 at 9:00 AM. (ar, )

Set Deadlines/Hearings pursuant to Judge Darrah's minute order of 03/17/05: Pretrial order to be filed by 04/28/05. (ar, )

RESPONSE by plaintiff Equal Employment Opportunity Commission to defendants' MOTION to strike and dismiss second amended complaint 75 . (lcw, ) (Entered: 03/25/2005)

REPLY by Defendants in support of their motion to dismiss second amended complaint; Notice 75 . (ar, ) Modified on 3/31/2005 (ar, ). (Entered: 03/31/2005)

MINUTE entry before Judge John W. Darrah : Defendans' motion to strike and dismiss second amended complaint 75 is denied. The status hearing scheduled for 04/21/05 is stricken. (For further detail see order). Mailed notice (ar, ) Modified on 4/14/2005 (ar, ). (Entered: 04/14/2005)

MINUTE entry before Judge John W. Darrah : Pretrial Conference set for 05/05/05 is reset to 05/04/2005 at 11:30 AM. Mailed notice (ar, ) (Entered: 04/19/2005)

EXHIBIT A by Plaintiff to its motion in limine to exclude evidence relating to Eric Oden's employment at Hyatt Hotel. (RESTRICTED).(ar, ) (Entered: 05/02/2005)

PROPOSED Jury Instructions by Whitehall Hotel, Ltd., Whitehall Hotel Restaurant, Inc., and Whitehall Hotel LLC (las, ) (Entered: 05/04/2005)

MOTION by Defendants Whitehall Hotel, Ltd., Whitehall Hotel Restaurant, Inc., and Whitehall Hotel LLC in limine to bar evidence of compensatory and punitive damages and strike jury demand (las, ) (Entered: 05/04/2005)

MOTION by Plaintiff Equal Employment Opportunity Commission in limine to exclude defendants' affirmative defenses of undue burden and direct threat (las, ) (Entered: 05/04/2005)

MOTION by Defendants Whitehall Hotel, Ltd., Whitehall Hotel Restaurant, Inc., and Whitehall Hotel LLC in limine to bar evidence of a power of attorney in favor of Jeanne Oden; to bar Jeanne Oden's testimony concerning her alleged expertise in the area of disabilities; and to bar her testimony on matters of which she has no personal knowledge (las, ) (Entered: 05/04/2005)

MOTION by Defendants Whitehall Hotel, Ltd., Whitehall Hotel Restaurant, Inc., and Whitehall Hotel LLC in limine to bar admission of evidence of alleged back pay before a jury (las, ) (Entered: 05/04/2005)