Case: EEOC v. Aztec Inn Properties LLC (d/b/a Clarion Hotel - Randolph Park)

4:02-cv-00324 | U.S. District Court for the District of Arizona

Filed Date: June 28, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On June 28, 2002, the Phoenix office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Aztec Inn Properties LLC and HSL Properties Financial Corporation in the U.S. District Court for the District of Arizona. The EEOC alleged that the defendants had violated the rights of five of their hotel's housekeeping staff members by discriminating against them on the basis of their intellectual disability and/or Down's Syndrome. Specifically, they alleged that the d…

On June 28, 2002, the Phoenix office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Aztec Inn Properties LLC and HSL Properties Financial Corporation in the U.S. District Court for the District of Arizona. The EEOC alleged that the defendants had violated the rights of five of their hotel's housekeeping staff members by discriminating against them on the basis of their intellectual disability and/or Down's Syndrome. Specifically, they alleged that the defendants had harassed them, failed to provide reasonable accommodations for their disabilities, and discharged them wrongfully. On September 9, 2002, the complainants intervened in the case as plaintiffs.

On November 20, 2002, the defendants filed a third party complaint and asked the court to add Community Psychology Education Services, Ltd. (CPES) as a third-party defendant to the case. On February 20, 2003, CPES filed a motion for summary judgment on the third-party complaint that had been filed against them. On December 4, 2003, the district court granted CPES's motion for summary judgment and dismissed them from the case. This dismissal was appealed to the U.S. Court of Appeals for the Ninth Circuit by the other defendants on May 12, 2004.

Meanwhile, on April 3, 2003, the remaining defendants filed for summary judgment, but their request was denied by the court on May 19, 2003. After several failed settlement conferences, the defendants filed a motion for sanctions for violation of statutory conciliation mandates.

With these motions were pending, the parties reached a settlement and filed a consent decree with the district court on August 27, 2004. As part of the settlement, the third-party defendants agreed to drop their complaint against CPES. The district court adopted the consent decree on September 1, 2004, and the Ninth Circuit dismissed the appeal on October 4, 2004. Under the terms of the decree, the defendants agreed to pay the complainants $50,000.00 in compensatory damages, to be deposited into trust accounts for their usage, and $13,500.00 in attorneys' fees. They also agreed to expunge the employment records of the complainants of any mention of this lawsuit, to offer them the opportunity to be reinstated in their jobs, and to provide reasonable accommodations for their disabilities. The decree also enjoined the defendants from discriminating against any employee on the basis of a disability or retaliating against any employee who complaints of discrimination. They agreed to develop an anti-discrimination policy, and to enter into a contract with a service-provider that would utilize a crew of persons with developmental disabilities as housekeeping staff workers. They agreed to post and distribute notice of their anti-discrimination policy to all employees, and to hold annual 90-minute training sessions in disability law and the rights of disabled persons in the workplace, to be attended by all crew members and supervisory staff. The defendants were required to file bi-annual reports with the EEOC regarding their compliance with the terms of the consent decree. The defendants agreed to keep a written record of all employees who attend the training sessions, and the defendants were to keep that record for the duration of the consent decree. The EEOC and the ACDL were to be allowed to send representatives to the crew member anti-discrimination training sessions. The EEOC was also to have the right to enter the defendants' premises without notice to see whether they complied with the requirement that they post a notice of anti-discrimination laws in a prominent place in the workplace.

Summary Authors

Justin Kanter (3/17/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/36662419/parties/eeoc-v-aztec-inn-properties/


Judge(s)

Collins, Raner Christercunean (Arizona)

Pyle, Charles R. (Arizona)

Attorneys(s) for Plaintiff

O'Neill, Mary Jo (Arizona)

Reams, Gwendolyn Young (District of Columbia)

Shanley, Sally C. (Arizona)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Dacey, John R. (Arizona)

Jutila, Sharon M. (Arizona)

Selden, David A. (Arizona)

Other Attorney(s)

Active

Judge(s)

Collins, Raner Christercunean (Arizona)

Pyle, Charles R. (Arizona)

Attorneys(s) for Plaintiff

O'Neill, Mary Jo (Arizona)

Reams, Gwendolyn Young (District of Columbia)

Shanley, Sally C. (Arizona)

Smith, C. Emanuel (Arizona)

Attorneys(s) for Defendant

Dacey, John R. (Arizona)

Jutila, Sharon M. (Arizona)

Selden, David A. (Arizona)

Other Attorney(s)

Daley-Rooney, Rose Ann (Arizona)

Rico, Jose De Jesus (Arizona)

Documents in the Clearinghouse

Document

04-16080

Docket [U.S.C.A 9th Circuit]

EEOC v. Aztec Inn Properties, et al

U. S. Court of Appeals for the Ninth Circuit

Oct. 4, 2004

Oct. 4, 2004

Docket

4:02-cv-00324

Docket (PACER)

EEOC v. Aztec Inn Properties

Oct. 7, 2004

Oct. 7, 2004

Docket
2

4:02-cv-00324

First Amended Complaint and Jury Trial Demand

EEOC v. Aztec Inn Properties, LLC.

July 29, 2002

July 29, 2002

Complaint

4:02-cv-00324

Consent Decree

EEOC v. Aztec Inn Properties, LLC

Sept. 1, 2004

Sept. 1, 2004

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/36662419/eeoc-v-aztec-inn-properties/

Last updated July 29, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (REC) (Entered: 07/02/2002)

June 28, 2002

June 28, 2002

PACER
2

FIRST AMENDED COMPLAINT by pla EEOC ;; jury demand [1-1] ; (KDT) (Entered: 07/30/2002)

July 29, 2002

July 29, 2002

Clearinghouse
3

MOTION to intervene as pla by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia [3-1] (REC) (Entered: 09/10/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER
4

NOTICE of Filing of Acceptance of Service of the Summonses by EEOC (REC) (Entered: 09/16/2002)

Sept. 13, 2002

Sept. 13, 2002

PACER
5

JOINDER by pla EEOC to motion to intervene as pla by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia [3-1] [3-1] (SJD) (Entered: 09/19/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
6

STIPULATION to extend time to 10/17/02 to answer complaint (amended) [2-1] by pla EEOC, dft HSL Properties Finan [6-1] (SJD) (Entered: 09/27/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER
7

ORDER by Judge Raner C. Collins granting stipulation to extend time to 10/17/02 to answer complaint (amended) or plead [2-1] by pla EEOC, dft HSL Properties Finan [6-1] (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
8

ORDER by Judge Raner C. Collins granting motion to intervene as pla by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia [3-1]; It Is Further Ordered that Intervenors Complaint lodged on September 9,02 shall be filed as of the date of this order. (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
9

Pla Intervenor COMPLAINT FILED (REC) Modified on 10/16/2002 (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
10

ANSWER to first complaint (amended) and third-party complaint [2-1] by Aztec Inn Properties, HSL Properties Finan (REC) (Entered: 10/21/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
11

RETURN OF SERVICE EXECUTED upon Community Pyschology and Education Services, summons/complaint on 10/30/02 (REC) (Entered: 11/07/2002)

Nov. 6, 2002

Nov. 6, 2002

PACER
12

ANSWER to Intervenors' complaint [9-1] AND THIRD PARTY COMPLAINT by dft Aztec Inn Properties, dft HSL Properties Finan; adding third-party defendant Community Psychology Education Services, Ltd (SJD) (Entered: 12/24/2002)

Nov. 20, 2002

Nov. 20, 2002

PACER
13

STIPULATION to extend time for answer by pla, third dft (REC) (Entered: 12/11/2002)

Dec. 10, 2002

Dec. 10, 2002

PACER
14

ORDER by Judge Raner C. Collins granting stipulation to extend time to answer to 12/18/02 by pla, third dft (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 12/11/2002)

Dec. 11, 2002

Dec. 11, 2002

PACER
15

ANSWER TO third-party complaint [12-2] by third-party defendant Community Psychology Education Services, Ltd (SJD) (Entered: 12/24/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
16

ORDER by Judge Raner C. Collins ; prel scheduling conf set for 9:30 2/14/03 before Judge Collins Law Clerk Kerry Milazzo. It Is Further Ordered the parties shall file with the Court on or before 2/7/03 a joint report reflecting the results of their conference. (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

PACER
17

NOTICE of service of discovery by pla intervenor. (REC) (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

PACER
18

CASE MGT PLAN/REPORT: ; ; (REC) (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

PACER
19

NOTICE of Filing Original Signatures for Joint Case Management Report by EEOC (REC) (Entered: 02/11/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
20

SCHEDULING ORDER by Judge Raner C. Collins ; discovery due 10/31/03 ; dispositive motions due 3/5/04 ; pretrial order due 3/5/03 ; Status report ddl set for 6/16/03 and every 45 days thereafter (cc: all counsel) re: order (scheduling) [20-1] (REC) (ADI-ICMS, ). (Entered: 02/14/2003)

Feb. 14, 2003

Feb. 14, 2003

PACER
21

ORDER by Judge Raner C. Collins A scheduling order was issued in this case on 2/14/03. It has come to the Courts attention that the deadline for filing the pretrial order was erroneously set for 3/5/03; PTO ddl set for 3/5/04 (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 02/20/2003)

Feb. 20, 2003

Feb. 20, 2003

PACER
22

MOTION for summary judgment on third-party complaint by Community Psychology [22-1] (REC) (Entered: 02/21/2003)

Feb. 20, 2003

Feb. 20, 2003

PACER
23

STATEMENT OF FACTS by Community Psychology re motion for summary judgment on third-party complaint by Community Psychology [22-1] [22-1] (REC) (Entered: 02/21/2003)

Feb. 20, 2003

Feb. 20, 2003

PACER
24

NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by intervenor (REC) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

PACER
25

STIPULATION and Request to extend time for dft to respond to pla intervenors discovery requests by dft (REC) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

PACER
26

NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by Community Psychology (REC) (Entered: 03/04/2003)

March 3, 2003

March 3, 2003

PACER
27

NOTICE of service of discovery by dft. (REC) (Entered: 03/04/2003)

March 3, 2003

March 3, 2003

PACER
28

NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by dft (REC) (Entered: 03/04/2003)

March 3, 2003

March 3, 2003

PACER
29

NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by EEOC (REC) (Entered: 03/05/2003)

March 4, 2003

March 4, 2003

PACER
30

ORDER by Judge Raner C. Collins granting stipulation and Request to extend time from 2/24/03 to 2/28/03 for dft to respond to pla intervenors discovery requests by dft (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 03/05/2003)

March 5, 2003

March 5, 2003

PACER
31

STIPULATION and Request to extend time for dft to respond to third-party dfts motion for summary judgment on third-party complaint by pla, dft (REC) (Entered: 03/24/2003)

March 21, 2003

March 21, 2003

PACER
32

ORDER by Judge Raner C. Collins granting stipulation and Request to extend time for dft to respond to third-party dfts motion for summary judgment on third-party complaint from 3/24/03 to 4/2/03 pla, dft (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 03/24/2003)

March 24, 2003

March 24, 2003

PACER
33

STIPULATION regrading filing first amended complaint by pla, dft (REC) (Entered: 03/31/2003)

March 28, 2003

March 28, 2003

PACER
34

AMENDED COMPLAINT ; By Pla Intv [9-1] (REC) (Entered: 04/08/2003)

March 28, 2003

March 28, 2003

PACER
35

NOTICE of service of discovery by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia . (REC) (Entered: 04/03/2003)

April 2, 2003

April 2, 2003

PACER
36

MOTION to continue consideration of summary judgment pending additional discovery pursuant to Rule 56(f) by Aztec Inn Properties, HSL Properties Finan [36-1] (REC) (Entered: 04/04/2003)

April 2, 2003

April 2, 2003

PACER
37

MOTION to strike paragraph 3 of third party dfts statement of facts in support of motion for summary judgment on third complaint or in the alternative controverting statement of facts in support of response to motion for summary judgment on third-party complaint by Aztec Inn Properties, HSL Properties Finan [37-1] (REC) (Entered: 04/04/2003)

April 2, 2003

April 2, 2003

PACER
38

RESPONSE by Aztec Inn Properties, HSL Properties Finan to motion for summary judgment on third-party complaint by Community Psychology [22-1] (REC) (Entered: 04/04/2003)

April 2, 2003

April 2, 2003

PACER
39

STATEMENT OF FACTS by Aztec Inn Properties, HSL Properties Finan re response to motion for summary judgment on third-party complaint. [38-1] (REC) (Entered: 04/04/2003)

April 2, 2003

April 2, 2003

PACER
41

MOTION for summary judgment by dft [41-1] (REC) (Entered: 04/07/2003)

April 3, 2003

April 3, 2003

PACER
42

STATEMENT OF FACTS by dft re motion for summary judgment by dft [41-1] (REC) (Entered: 04/07/2003)

April 3, 2003

April 3, 2003

PACER
43

REQUEST for Oral Argument by dft (REC) (Entered: 04/07/2003)

April 3, 2003

April 3, 2003

PACER
40

ORDER by Judge Raner C. Collins granting stipulation regrading filing first amended complaint lodged with the Court on 3/28/03 by pla, dft (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 04/04/2003)

April 4, 2003

April 4, 2003

PACER
44

ERRATA(Notice of Clarification) regrading an affidavit submitted in support of the Clarions Response to Third-oarty Dfts Motion for Summary Judgment and in support of the Clarions Motion for summary Judgment by dft Aztec Inn Properties, dft HSL Properties Finan, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan to (REC) (Entered: 04/09/2003)

April 7, 2003

April 7, 2003

PACER
45

ANSWER to Intervenors first amd complaint (amended) [34-1] AND THIRD PARTY COMPLAINT against Community Psychology & Education Services by dft Aztec Inn Properties, dft HSL Properties Finan (PAB) (Entered: 04/16/2003)

April 14, 2003

April 14, 2003

PACER
46

RESPONSE by third-party defendant Community Psychology to statement of controverting facts [39-1] (REC) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
48

Reply In Suppot of Motion for Summary Judgment on third Party Complaint;RESPONSE by Community Psychology to motion to strike paragraph 3 of third party dfts statement of facts in support of motion for summary judgment on third complaint or in the alternative controverting statement of facts in support of response to motion for summary judgment on third-party complaint by Aztec Inn Properties, HSL Properties Finan [37-1], motion to continue consideration of summary judgment pending additional discovery pursuant to Rule 56(f) by Aztec Inn Properties, HSL Properties Finan [36-1] (REC) (Entered: 04/23/2003)

April 21, 2003

April 21, 2003

PACER
49

Supplemental STATEMENT OF FACTS by third-party defendant Community Psychology re response to motion for continuance under rule 56(F) and motion to strike [48-1], reply to response to motion for summary judgment [48-1] (REC) (Entered: 04/23/2003)

April 21, 2003

April 21, 2003

PACER
47

NOTICE of Filing Original Declarations by Third-Party Dft. (REC) (Entered: 04/23/2003)

April 22, 2003

April 22, 2003

PACER
50

ORDER by Judge Raner C. Collins setting motion for summary judgment on third-party complaint by Community Psychology [22-1] at 9:30 6/16/03. The Court has allotted on hour for this hearing. before Judge Raner C. Collins (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 04/24/2003)

April 24, 2003

April 24, 2003

PACER
51

ORDER by Judge Raner C. Collins denying motion to continue consideration of summary judgment pending additional discovery pursuant to Rule 56(f) by Aztec Inn Properties, HSL Properties Finan [36-1] (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 04/24/2003)

April 24, 2003

April 24, 2003

PACER
52

MOTION for expedited ruling by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [52-1] (REC) (Entered: 04/25/2003)

April 24, 2003

April 24, 2003

PACER
53

MOTION to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1], for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2] (REC) (Entered: 04/25/2003)

April 24, 2003

April 24, 2003

PACER
54

NOTICE by pla OF TAKING DEPO OF Elbeia Meza on the following date(s): 5/27/03 at 10:00am (former emp) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

PACER
55

NOTICE of 30(b)(6) Deposition by pla OF TAKING DEPO OF Aztec Inn Properties, HSL Properties Financial Corporation on the following date(s): 5/14/03 at 1:00pm (former emp) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

PACER
56

NOTICE by pla OF TAKING DEPO OF Gabriele Yanez on the following date(s): 5/27/03 at 1:00pm (former emp) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

PACER
57

AMENDED NOTICE by pla OF TAKING DEPO OF Glenn Toyoshima on the following date(s): 5/14/03 at 9:00am (former emp) Modified on 05/19/2003 (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

PACER
58

NOTICE by pla OF TAKING DEPO OF Gayle Venner on the following date(s): 5/28/03 at 9:00am (former emp) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

PACER
59

AFFIDAVIT of Sally C.Shanley by pla EEOC (REC) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

PACER
60

ANSWER to third-party [45-2] by third-party defendant Community Psychology (REC) (Entered: 05/01/2003)

April 30, 2003

April 30, 2003

PACER
61

STIPULATION to extend time for a response to dfts motion for summary judgment by pla EEOC (REC) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

PACER

RESPONSE by dft Aztec Inn Properties, dft HSL Properties Finan to motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1]; Cross Motion for Court-Supervised Settlement Conference and Cross-Motion for Protective Order. (REC)

May 7, 2003

May 7, 2003

PACER
63

CROSS-MOTION for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1], for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] and RESPONSE to motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1] [53-1] by dft Aztec Inn Properties, dft HSL Properties Finan (REC) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

PACER
65

Certification of Moving Counsel; by dft re motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] [63-2] (JKM) (Entered: 05/09/2003)

May 7, 2003

May 7, 2003

PACER
62

ORDER by Judge Raner C. Collins granting stipulation to extend time by 30 days for a response to dfts motion for summary judgment by pla EEOC (cc: all counsel) (ABU) (ADI-ICMS, ). (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

PACER
64

ORDER by Judge Raner C. Collins setting motion for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1] at 9:30 5/12/03, re: motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] [63-2], re: motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1] [53-1], re: motion for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2] [53-2] (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

PACER
66

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Aztec Inn Porperties & HSL Properties Financial Corporation on the following date(s): 5/29/03 (SJD) Modified on 05/19/2003 (Entered: 05/19/2003)

May 16, 2003

May 16, 2003

PACER
67

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Glenn Toyoshima on the following date(s): 5/29/03 (SJD) (Entered: 05/19/2003)

May 16, 2003

May 16, 2003

PACER
68

MINUTE ENTRY before Judge Raner C. Collins . Crt Rptr: B Brunotte. re: motion for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2] [53-2], re: motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1] [53-1], re: motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] [63-2], re: motion for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1] [63-1], re: motion for summary judgment by dft [41-1] ; court will issue a formal order re its ruling [cc: rcc,all cnsl]] [68-1] (SJD) (ADI-ICMS, ). (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

PACER
69

ORDER by Judge Raner C. Collins granting motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1], granting motion for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2], pla's may proceed with the depositions currently scheduled; dismissing with leabe to refile the motion for summary judgment by dft [41-1] after relevant discovery is completed, granting motion for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1] ; settlement conference set for 9:30 7/15/03, before Magistrate Judge Charles R. Pyle denying motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2], finding the motion for expedited ruling by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [52-1] denied as moot. (cc: all counsel) (SJD) (ADI-ICMS, ). (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

PACER
70

NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Elbeia Meza on the following date(s): 5/28/03 at 9am. (REC) (Entered: 05/21/2003)

May 20, 2003

May 20, 2003

PACER
71

NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 5/28/03 at 1pm. (REC) (Entered: 05/21/2003)

May 20, 2003

May 20, 2003

PACER
72

NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Elbeia Meza on the following date(s): 6/18/03 at 8am. (REC) (Entered: 05/28/2003)

May 27, 2003

May 27, 2003

PACER
73

NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 6/18/03 at 12pm. (REC) (Entered: 05/28/2003)

May 27, 2003

May 27, 2003

PACER
74

NOTICE of service of discovery by third-party defendant Community Psychology . (SJD) (Entered: 05/30/2003)

May 29, 2003

May 29, 2003

PACER
75

NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 6/18/03 at 12pm. (REC) (Entered: 06/13/2003)

June 12, 2003

June 12, 2003

PACER
76

MINUTE ENTRY before Judge Raner C. Collins . Crt Rptr: Bonnie Brunotte. taking under advisement on 6/17/03 the motion for summary judgment on third-party complaint by Community Psychology [22-1]; Formal order to follow. [cc: all cnsl]] [76-1] (REC) (ADI-ICMS, ). (Entered: 06/17/2003)

June 16, 2003

June 16, 2003

PACER
77

NOTICE of service of discovery by third-party defendant Community Psychology . (REC) (Entered: 06/19/2003)

June 18, 2003

June 18, 2003

PACER
78

NOTICE by intervenor-plaintiff OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 7/9/03 (SJD) (Entered: 06/20/2003)

June 19, 2003

June 19, 2003

PACER
79

MINUTE ENTRY before Magistrate Judge Charles R. Pyle . . ; settlement conference held. No agreement reached. [cc: all cnsl]] [79-2] (REC) (ADI-ICMS, ). (Entered: 07/17/2003)

July 15, 2003

July 15, 2003

PACER
80

ORDER by Magistrate Judge Charles R. Pyle ; settlement conference continued for 9:00 8/7/03, before Magistrate Judge Charles R. Pyle. Counsel for the pla together with their clients shall meet at 9am in Judge Pyle's Chambers Ste 5660. Counsel for Aztec Inn Properties LLC with their clients shall meet at 10am. Counsel for Community Psychology Education Services Ltd with their clients shall meet at 11am. All participants should plan to be available for the remainder of the day. (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 07/17/2003)

July 17, 2003

July 17, 2003

PACER
81

ORDER by Magistrate Judge Charles R. Pyle ; settlement conference reset for 9:00 8/18/03, before Magistrate Judge Charles R. Pyle; counsel for plas, together with their clients, shall meet at 9:00 am in Magistrate Judge Pyle's chambers; counsel for Aztec Inn Properties, with their clients shall meet at 10:00; counsel for community Phsychology Education Services, with their clients, shall meet at 11:00; all participants should plan to be available for the remainder of the day (cc: all counsel) (SJD) (ADI-ICMS, ). (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

PACER
82

First Joint Settlement STATUS REPORT by pla EEOC, dft Aztec Inn Properties, dft HSL Properties Finan, intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan, third-party defendant Community Psychology, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan (REC) (Entered: 08/13/2003)

Aug. 12, 2003

Aug. 12, 2003

PACER
83

MINUTE ENTRY before Magistrate Judge Charles R. Pyle . . ; settlement conference held. No agreement reached. [cc: all cnsl]] [83-2] (REC) (ADI-ICMS, ). (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

PACER
84

STIPULATION to extend time for 2/14/03 scheduling order ddls to discovery ddl of 1/30/04, dispositive motion ddl of 5/7/04, joint pretrial order w/i 30 days of the resolution of dispositive motions by pla, dft, intervenor-plaintiff, third-party plaintiff, third-party defendant, third-party plaintiff (former emp) (Entered: 08/20/2003)

Aug. 20, 2003

Aug. 20, 2003

PACER
85

ORDER by Judge Raner C. Collins granting stipulation to extend time for 2/14/03 scheduling order ddls to discovery ddl of 1/30/04, dispositive motion ddl of 5/7/04, joint pretrial order w/i 30 days of the resolution of dispositive motions by pla, dft, intervenor-plaintiff, third-party plaintiff, third-party defendant, third-party plaintiff Rebuttal disclosure relating to experts shall be completed on or before 3/12/04; All other witnesses shall be disclosed by 10/31/03; 1/30/04 discovery ddl set for 1/30/04 ; dispositive motions due 5/7/04. The Joint Pretrial Order shall be filed within 30 days of the resolution of the dispositive motions filed. (cc: all counsel) (REC) Modified on 09/02/2003 (ADI-ICMS, ). (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

PACER
86

MINUTE ENTRY before Magistrate Judge Charles R. Pyle . Continued Settlement Conference held. No agreement reached. [cc: all cnsl]] [86-1] re: minute entry [86-1] (REC) (ADI-ICMS, ). (Entered: 10/08/2003)

Oct. 7, 2003

Oct. 7, 2003

PACER
87

NOTICE of Service of pla EEOC's and pla-Intervenors List of Witnesses by pla EEOC (JKM) (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
88

NOTICE of Service of first supplemental disclosure statement pursuant to FRCivP 26(a) by third-party defendant Community Psychology (former emp) (Entered: 11/04/2003)

Nov. 3, 2003

Nov. 3, 2003

PACER
89

MOTION for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (REC) (Entered: 11/07/2003)

Nov. 6, 2003

Nov. 6, 2003

PACER
90

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Aztec Inn Properties (REC) (Entered: 11/07/2003)

Nov. 6, 2003

Nov. 6, 2003

PACER
91

RESPONSE by third-party defendant Community Psychology to motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (PAB) (Entered: 11/25/2003)

Nov. 24, 2003

Nov. 24, 2003

PACER
92

RESPONSE by pla EEOC to motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (PAB) (Entered: 11/25/2003)

Nov. 24, 2003

Nov. 24, 2003

PACER
93

RESPONSE by intervenor-plaintiffs to motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (PAB) (Entered: 11/25/2003)

Nov. 24, 2003

Nov. 24, 2003

PACER
94

ORDER by Judge Raner C. Collins granting motion for summary judgment on third-party complaint by Community Psychology [22-1] Community Psychology is dismissed from this case (cc: all counsel) (SJD) (ADI-ICMS, ). (Entered: 12/04/2003)

Dec. 4, 2003

Dec. 4, 2003

PACER
95

ORDER by Judge Raner C. Collins denying motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (cc: all counsel) (SJD) (ADI-ICMS, ). (Entered: 12/04/2003)

Dec. 4, 2003

Dec. 4, 2003

PACER
96

NOTICE of Service of Pla Intervenors Request for Entry Upon Land for Inspection by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia (REC) (Entered: 12/22/2003)

Dec. 12, 2003

Dec. 12, 2003

PACER
97

MOTION for attorney's fees & costs by third-party defendant Community Psychology [97-1] (SJD) (Entered: 01/02/2004)

Dec. 26, 2003

Dec. 26, 2003

PACER
98

MOTION for entry of 54(b) summary judgment by third-party defendant Community Psychology [98-1] (SJD) (Entered: 01/02/2004)

Dec. 26, 2003

Dec. 26, 2003

PACER
99

TRANSCRIPT of Third-Party Dft Motion for Summary Judgment by Court Reporter: Bonnie J. Brunotte for the following date(s): 6/16/03 (REC) (Entered: 01/07/2004)

Jan. 2, 2004

Jan. 2, 2004

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 28, 2002

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Community Psychology Education Services, Ltd, Private Entity/Person

HSL Properties Financial Corporation, Private Entity/Person

Aztec Inn Properties, LLC, 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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Amount Defendant Pays: 63500

Order Duration: 2004 - 2006

Content of Injunction:

Reinstatement

Expungement of Employment Record

Discrimination Prohibition

Reasonable Accommodation

Retaliation Prohibition

Develop anti-discrimination policy

Reporting

Utilize objective hiring/promotion criteria

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Monitoring

Recordkeeping

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit