Case: EEOC v. WINDMILL INNS OF AMERICA (d/b/a WINDMILL INN OF ASHLAND)

1:00-cv-03106 | U.S. District Court for the District of Oregon

Filed Date: Sept. 29, 2000

Closed Date: Nov. 30, 2001

Clearinghouse coding complete

Case Summary

EEOC's Seattle, WA office and Washington, DC office jointly filed this ADA lawsuit against the defendant, Windmill Inns of America in the United States District Court for the District of Oregon (Medford) on 09/29/2000. Windmill Inns of America, dba Windmill Inn of Ashland, is engaged in the hotel business. EEOC alleged on behalf of a blind job applicant that the defendant refused to hire her as a receptionist at the Ashland Windmill Inn because of her disability. The individual complainant h…

EEOC's Seattle, WA office and Washington, DC office jointly filed this ADA lawsuit against the defendant, Windmill Inns of America in the United States District Court for the District of Oregon (Medford) on 09/29/2000. Windmill Inns of America, dba Windmill Inn of Ashland, is engaged in the hotel business. EEOC alleged on behalf of a blind job applicant that the defendant refused to hire her as a receptionist at the Ashland Windmill Inn because of her disability. The individual complainant had five years of experience working as a hotel receptionist. The complainant did not intervene in the EEOC suit or file a separate lawsuit.

EEOC filed two motions compelling discovery. One was granted and the other partially granted. The parties then settled at a settlement conference held before Magistrate Judge Thomas M. Coffin on 10/11/2001. The district court entered a consent judgment on 11/30/2001.

The consent decree lasted for 3 years and 90 days. Under the consent decree, the defendant would pay the individual complainant $35,000 in damages for causing her emotional distress. The defendant was required to institute an internal grievance procedure and provide training for its managers and supervisors at the Ashland Windmill Inn. Additionally, the defendant was required to post a notice of its EEO policies for the duration of the consent decree.

Summary Authors

Justin Kanter (7/4/2007)

People


Judge(s)

Cooney, John P. (Oregon)

Judge(s)

Cooney, John P. (Oregon)

show all people

Documents in the Clearinghouse

Document

1:00-cv-03106

Docket (PACER)

Equal Employment Opportunity Commission v. Windmill Inns of America

Nov. 30, 2001

Nov. 30, 2001

Docket
1

1:00-cv-03106

Complaint

Equal Employment Opportunity Commission v. Windmill Inns of America d/b/a Windmill Inn of Ashland

Sept. 29, 2000

Sept. 29, 2000

Complaint
45

1:00-cv-03106

Consent Decree and Order of Dismissal

Equal Employment Opportunity Commission v. Windmill Inns of America d/b/a Windmill Inn of Ashland

Nov. 30, 2001

Nov. 30, 2001

Settlement Agreement

EEOC's FY 2002 Office of General Counsel Annual Report

EEOC v. Windmill Inns of America

No Court

June 16, 2003

June 16, 2003

Press Release

Resources

Docket

Last updated March 26, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
2

Discovery and Pretrial Scheduling Order: Discovery to be completed by 2/27/2001. Pretrial Order due by 3/29/2001. (Norris, Debbie) (Entered: 10/30/2000)

Oct. 30, 2000

Oct. 30, 2000

3

Return of Service Executed upon Windmill Inns of America on 11/13/00. Filed by Equal Employment Opportunity Commission. (Koble, Wendy) (Entered: 12/01/2000)

Nov. 29, 2000

Nov. 29, 2000

5

Motion for Extension of Time to Answer to December 29, 2000 .(related document(s)1) Filed by Windmill Inns of America. (Koble, Wendy) (Entered: 12/11/2000)

Dec. 5, 2000

Dec. 5, 2000

6

Affidavit of Francis T. Barnwell in Support of Motion to Extend time to answer . (related document(s)5) Filed by Windmill Inns of America. (Koble, Wendy) (Entered: 12/11/2000)

Dec. 5, 2000

Dec. 5, 2000

4

Attorney Appearance: substituting Zulema Hinojos-Fall for attorney Michelle Gonzalez . Filed by Equal Employment Opportunity Commission. (Meyer, Craig) (Entered: 12/08/2000)

Dec. 7, 2000

Dec. 7, 2000

7

Order Granting Motion for Extension of Time to Answer to December 29, 2000 (Related Doc #5). Signed 12/11/00 by Judge John P. Cooney. (Koble, Wendy) (Entered: 12/11/2000)

Dec. 11, 2000

Dec. 11, 2000

8

Answer to Complaint. (Related Doc # 1) Filed by Windmill Inns of America. (Meyer, Craig) (Entered: 12/26/2000)

Dec. 26, 2000

Dec. 26, 2000

9

Unopposed Motion for Extension of Discovery & PTO Deadlines for 120 days . Filed by Windmill Inns of America. (Koble, Wendy) (Entered: 02/02/2001)

Feb. 2, 2001

Feb. 2, 2001

10

Order Granting Motion for Extension of Discovery & PTO Deadlines for 120 days (Related Doc #9). Discovery to be completed by 6/27/2001. Pretrial Order due by 7/27/2001. Joint ADR Report due by 7/27/2001. Signed 2/2/01 by Judge John P. Cooney. (Koble, Wendy) (Entered: 02/02/2001)

Feb. 2, 2001

Feb. 2, 2001

11

Attorney Association: Nancy H. Maisano substituting for Zulema Hinojos-Fall . Filed by Equal Employment Opportunity Commission. (Koble, Wendy) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

12

Attorney Appearance: of P. David Ingalls for Francis T. Barnwell . Filed by Windmill Inns of America. (Koble, Wendy) (Entered: 03/10/2001)

March 5, 2001

March 5, 2001

13

Motion to Compel Discovery and for Sanctions . Response due by 3/28/2001. Filed by Equal Employment Opportunity Commission. (Koble, Wendy) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

14

Memorandum in Support of Motion to Compel Discovery and for Sanctions . Filed by Equal Employment Opportunity Commission. (Related motion(s)13) (Koble, Wendy) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

15

Declaration of Nancy Maisano in Support of Motion to Compel Discovery and for Sanctions . (related document(s)13) Filed by Equal Employment Opportunity Commission. (Koble, Wendy) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

16

Proposed Document Submitted: Order to Compel Discovery and for Sanctions . Filed by Equal Employment Opportunity Commission. (Koble, Wendy) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

17

Response to Motion to Compel Discovery and Award Sanctions . Filed by Windmill Inns of America. Reply due by 4/9/2001. (Related motion(s)13) (Koble, Wendy) (Entered: 03/27/2001)

March 26, 2001

March 26, 2001

18

Record of Order by Judge John P. Cooney: (related document(s)13)Hearing on Motion to Compel set for 4/18/2001 at 10:00 AM in / by telephone. (Norris, Debbie) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

19

Order Granting Motion to Compel, outstanding discovery is due by April 30, 2001. Denying Motion for Sanctions (Related Doc #13). by Judge John P. Cooney. (Norris, Debbie) (Entered: 04/18/2001)

April 18, 2001

April 18, 2001

21

Unopposed Motion for Extension of Discovery & PTO Deadlines for 90 days . Filed by Windmill Inns of America. (Norris, Debbie) (Entered: 06/14/2001)

June 12, 2001

June 12, 2001

20

Record of Order by Judge John P. Cooney: Hearing set for 6/27/2001 at 10:00 AM by telephone. (Norris, Debbie) (Entered: 06/13/2001)

June 13, 2001

June 13, 2001

22

Order Granting Motion for Extension of Discovery & PTO Deadlines (Related Doc #21). Discovery to be completed by 9/25/2001. Pretrial Order due by 10/25/2001. Joint ADR Report due by 10/25/2001. Dispositive Motions due by 10/25/2001. by Judge John P. Cooney. (Norris, Debbie) (Entered: 06/14/2001)

June 14, 2001

June 14, 2001

23

Record of Order by Judge John P. Cooney: Conference set for 7/11/2001 at 09:00AM by telephone, rescheduled from June 27, 2001, regarding discovery. (Norris, Debbie) (Entered: 06/20/2001)

June 20, 2001

June 20, 2001

24

Record of Order by Judge John P. Cooney: Conference set for 7/11/2001 at 11:00AM by telephone. (Norris, Debbie) (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

25

Record of Proceedings before Judge John P. Cooney: To the extent possible, discovery which defendant has, or has access to, in advance of depositions, is to be provided to plaintiff within 10 days. (Meyer, Craig) (Entered: 07/12/2001)

July 11, 2001

July 11, 2001

26

IT IS ORDERED that defendant produce the comparator files which were requested in plaintiff's request for production and the subpoena duces tecum issued to Patricia Harkins, with the following information redated from the individuals' files: social security numbers, dates of birth, and tax records. Signed 7/20/01 by Judge John P. Cooney. (Norris, Debbie) (Entered: 07/23/2001)

July 20, 2001

July 20, 2001

27

Minute Entry: Record of Order -- Settlement Conference set for 8/29/2001 at 09:00AM in Eugene. (Attachments: # 1) Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

28

Minute Entry: Record of Order -- Settlement Conference set for 8/29/2001 continued from 9:00 to 10:15AM in Eugene. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

29

Minute Entry: Record of Order -- Hearing set for 8/9/2001 at 02:00 PM by Telephone on Plaintiff EEOC's Motion to Compel Discovery and for Sanctions. Ordered by Judge John P. Cooney. (Norris, Debbie) (Entered: 08/08/2001)

Aug. 8, 2001

Aug. 8, 2001

30

Motion to Compel Discovery and for Sanctions . Filed by Nancy H. Maisano on behalf of Equal Employment Opportunity Commission. (Norris, Debbie) (Entered: 08/09/2001)

Aug. 9, 2001

Aug. 9, 2001

31

Memorandum in Support of Motion to Compel Discovery and for Sanctions . Filed by Nancy H. Maisano on behalf of Equal Employment Opportunity Commission. (Related document(s)30) (Norris, Debbie) (Entered: 08/09/2001)

Aug. 9, 2001

Aug. 9, 2001

32

Declaration of Nancy Maisano in Support of EEOC's Motion to Compel . Filed by Nancy H. Maisano on behalf of Equal Employment Opportunity Commission. (Related document(s)30) (Norris, Debbie) (Entered: 08/09/2001)

Aug. 9, 2001

Aug. 9, 2001

33

Response to Motion to Compel Discovery and for Sanctions . Filed by P. David Ingalls on behalf of Windmill Inns of America. (Related motion(s)30) (Norris, Debbie) (Entered: 08/09/2001)

Aug. 9, 2001

Aug. 9, 2001

34

Record of Hearing: Order Taking Under Advisement Plaintiff's Motion to Compel (Related Doc #30) by Judge John P. Cooney. (Norris, Debbie) (Entered: 08/09/2001)

Aug. 9, 2001

Aug. 9, 2001

35

CIVIL MINUTES: Record of Order -- Settlement Conference set for 10/11/2001 at 09:30AM in Eugene. (Attachments: # 1) Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 08/14/2001)

Aug. 14, 2001

Aug. 14, 2001

36

ORDER: Order Granting in part, Denying in part Motion to Compel (Related Doc #30) by Judge John P. Cooney. (Norris, Debbie) (Entered: 08/16/2001)

Aug. 16, 2001

Aug. 16, 2001

37

CIVIL MINUTES: Record of Proceedings -- Settlement conference held. Case settles. The parties shall submit a stipulated order of dismissal to the court. The court shall retain jurisdiction over the settlement agreement. Ordered by Judge Thomas M. Coffin. Counsel Present for Plaintiff: Nancy Miasano. Counsel Present for Defendant: David Ingalls. Court Reporter: Deb Wilhelm (settlement agreement only). (cw, ) (Entered: 10/11/2001)

Oct. 11, 2001

Oct. 11, 2001

38

CIVIL MINUTES: Record of Order -- Status Conference set for 10/23/2001 at 09:30AM by Telephone re: proposed consent decree. The court will initiate the call. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 10/19/2001)

Oct. 19, 2001

Oct. 19, 2001

39

CIVIL MINUTES: Record of Order -- Continuing Status Conference from 10/23/01 to 10/25/2001 at 09:30AM by Telephone. The court will initiate the call. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 10/22/2001)

Oct. 22, 2001

Oct. 22, 2001

40

CIVIL MINUTES: Record of Order -- At the court's request, Status Conference advanced from 10/25/01 to 10/24/2001 at 01:00PM by Telephone. The court will initiate the call. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 10/22/2001)

Oct. 22, 2001

Oct. 22, 2001

42

Transcript of Proceedings held on October 11, 2001, before Judge Thomas M. Coffin. Court Reporter: Deborah Wilhelm. (Norris, Debbie) (Entered: 10/29/2001)

Oct. 22, 2001

Oct. 22, 2001

41

CIVIL MINUTES: Record of Proceedings -- Telephone status hearing held regarding consent decree. Ordered proposed consent decree shall be submitted the court for approval. Ordered by Judge Thomas M. Coffin. Counsel Present for Plaintiff: Barbara Standal, Nancy Maisano. Counsel Present for Defendant: David Ingalls. (cw, ) (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

43

CIVIL MINUTES: Record of Order -- Status Conference set for 11/1/2001 at 09:30AM by Telephone. The court will initiate the call. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 10/29/2001)

Oct. 29, 2001

Oct. 29, 2001

44

CIVIL MINUTES: Record of Order -- Vacating telephone status hearing set 11/1/01, based upon counsel notifying the court that this action is settled. The parties shall submit a stipulated order of dismissal to the court. Ordered by Judge Thomas M. Coffin. (cw, ) (Entered: 11/01/2001)

Nov. 1, 2001

Nov. 1, 2001

45

Consent Judgment: Order of Dismissal, Signed 11/30/01 by Judge John P. Cooney (Norris, Debbie) (Entered: 11/30/2001)

Nov. 30, 2001

Nov. 30, 2001

Case Details

State / Territory: Oregon

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2000

Closing Date: Nov. 30, 2001

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

Windmill Inns of America (Ashland, OR), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

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: 35000

Order Duration: 2001 - 2005

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

Issues

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits