Case: EEOC v. NOB HILL PROPERTIES INC (d/b/a HUNTINGTON HOTEL)

3:06-cv-02104 | U.S. District Court for the Northern District of California

Filed Date: March 21, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In March 2006, the San Francisco District Office of the EEOC brought this suit against Nob Hill Properties, Inc., d/b/a Huntington Hotel, in the U.S. District Court for the Northern District of California alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant refused to assign the charging party, a Mexican employee, to the position of Room Service Relief Captain because of his nat…

In March 2006, the San Francisco District Office of the EEOC brought this suit against Nob Hill Properties, Inc., d/b/a Huntington Hotel, in the U.S. District Court for the Northern District of California alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant refused to assign the charging party, a Mexican employee, to the position of Room Service Relief Captain because of his national origin. In addition, the defendant retaliated against the charging party for his complaints of the discrimination by continuing to refuse to assign him to the position he desired and further affecting the terms and conditions of his employment. After several scheduling orders, the parties took part in mediation in November 2006. They submitted a proposed consent decree to the Court for approval in March 2007. However, they later amended the decree, and the final consent decree was approved in April 2007, settling the case.

The two-year decree contained non-discrimination and non-retaliation clauses and required the defendant to: send the charging party an apology letter, give the charging party the opportunity to meet with superiors to discuss workplace issues, provide EEO training for its managers, report to the EEOC at specified intervals, and pay the charging party $35,000. The docket sheet shows that no further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Michele Marxkors (6/29/2007)

Clearinghouse (6/7/2017)

Documents in the Clearinghouse

Document

3:06-cv-02104

Docket (PACER)

Equal Employment Opportunity Commission v. Nob Hill Properties, Inc.

April 23, 2007

April 23, 2007

Docket
1

3:06-cv-02104

Complaint

EEOC v. Nob Hill Properties Inc

March 21, 2006

March 21, 2006

Complaint
29

3:06-cv-02104

Consent Decree

EEOC v. Nob Hill Properties Inc

March 8, 2007

March 8, 2007

Settlement Agreement
32

3:06-cv-02104

Amended Consent Decree

EEOC v. Nob Hill Properties Inc

April 23, 2007

April 23, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5756762/equal-employment-opportunity-commission-v-nob-hill-properties-inc/

Last updated Feb. 7, 2024, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Civil Rights - Employment Discrimination: JURY TRIAL DEMAND against Nob Hill Properties, Inc. Filed byEqual Employment Opportunity Commission. Fee Waived. (aaa, Court Staff) (Filed on 3/21/2006) Additional attachment(s) added on 3/23/2006 (aaa, Court Staff). (Entered: 03/22/2006)

March 21, 2006

March 21, 2006

Summons Issued as to Nob Hill Properties, Inc.. (aaa, Court Staff) (Filed on 3/21/2006) (Entered: 03/22/2006)

March 21, 2006

March 21, 2006

2

ADR SCHEDULING ORDER: Case Management Statement due by 6/16/2006. Case Management Conference set for 6/23/2006 10:30 AM. Signed by Judge Maxine M. Chesney on 03/21/06. (Attachments: # 1 Standing Order)(aaa, Court Staff) (Filed on 3/21/2006) (Entered: 03/22/2006)

March 21, 2006

March 21, 2006

CASE DESIGNATED for Electronic Filing. (aaa, Court Staff) (Filed on 3/21/2006) (Entered: 03/22/2006)

March 21, 2006

March 21, 2006

3

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Summons and Complaint (Attachments: # 1 Exhibit Acknowledgment of Receipt)(O'Hara, Cindy) (Filed on 4/25/2006) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

4

ANSWER to Complaint --Civil Rights--Employment Discrimination and Affirmative Defenses byNob Hill Properties, Inc.. (Dawson, Kamili) (Filed on 5/9/2006) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

5

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (O'Hara, Cindy) (Filed on 6/1/2006) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

6

STIPULATION and [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXCHANGE INITIAL DISCLOSURES by Nob Hill Properties, Inc.. (Dawson, Kamili) (Filed on 6/6/2006) Modified on 6/7/2006 (aaa, Court Staff). (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

7

ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND DATE TO EXCHANGE INITIAL DISCLOSURES. The case management conference is continued from June 23, 2006 to July 14, 2006; a joint case management statement shall be filed no later than July 7, 2006. The deadline to exchange initial disclosures and documents is continued to July 14, 2006. Signed by Judge Maxine M. Chesney on June 8, 2006. (mmclc1, COURT STAFF)

June 8, 2006

June 8, 2006

RECAP
8

STIPULATION and Proposed Order selecting Mediation by Nob Hill Properties, Inc. (Dawson, Kamili) (Filed on 6/8/2006) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

Set Deadlines/Hearings: A Joint Case Management Statement due by 7/7/2006. Case Management Conference Continued for 7/14/2006 10:30 AM. Re 7 Order (aaa, Court Staff) (Filed on 6/8/2006) (Entered: 06/09/2006)

June 8, 2006

June 8, 2006

9

ORDER REFERRING CASE TO MEDIATION. The deadline to complete mediation is 120 days from the date of this order. Signed by Judge Maxine M. Chesney on June 12, 2006. (mmclc1, COURT STAFF) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

10

ADR Clerk's Notice Appointing Charles S. Loughran as Mediator dated 6/29/2006. (af, COURT STAFF) (Filed on 6/29/2006) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

11

REPORT of Rule 26(f) Planning Meeting (JOINT RULE 26(F) REPORT) . (Dawson, Kamili) (Filed on 7/7/2006) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

12

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by Nob Hill Properties, Inc.. (Dawson, Kamili) (Filed on 7/7/2006) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

13

ADR Clerk's Notice Vacating Appointment of Mediator, Charles S. Loughran 10, dated 7/11/2006. The ADR Unit will appoint another mediator as soon as possible. (af, COURT STAFF) (Filed on 7/11/2006). (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

14

ADR Clerk's Notice Appointing Kristen W. Maloney as Mediator dated 7/13/2006. (af, COURT STAFF) (Filed on 7/13/2006) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

15

Minute Entry: Initial Case Management Conference held on 7/14/2006 before Maxine M. Chesney (Date Filed: 7/14/2006). Discovery due by 4/6/2007. Expert discovery due by 6/1/2007. Dispositive Motions due by 6/15/2007. Final Pretrial Conference set for 9/4/2007 03:00 PM. Jury Trial (2 to 3 weeks) set for 9/17/2007 09:00 AM in Courtroom 7, 19th Floor, San Francisco. Status Conference set for 6/22/2007 10:30 AM in Courtroom 7, 19th Floor, San Francisco, joint statement due by 6/15/2007. (Court Reporter Not Reported.) (tl, COURT STAFF) (Date Filed: 7/14/2006) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

16

PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 7/17/2006. (tl, COURT STAFF) (Filed on 7/17/2006)

July 17, 2006

July 17, 2006

RECAP
17

AMENDED PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 7/17/2006. (tl, COURT STAFF) (Filed on 7/17/2006)

July 17, 2006

July 17, 2006

RECAP
19

Letter to counsel dated 7/28/2006 from Mediator, Kristen W. Maloney. (af, COURT STAFF) (Filed on 7/28/2006) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

Set/Reset Hearings: Mediation Hearing set for 9/20/2006 09:30 AM., at the Federal Building, 450 Golden Gate Ave., 16th Floor, San Francisco. Report to ADR Reception Room 6892 on the 16th floor. Written statements exchanged and delivered to mediator by 9/13/2006. (af, COURT STAFF) (Filed on 7/28/2006) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

20

STIPULATION REQUESTING ORDER EXTENDING MEDIATION DEADLINE AND [PROPOSED] ORDER by Nob Hill Properties, Inc.. (Dawson, Kamili) (Filed on 10/5/2006) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

21

ORDER EXTENDING MEDIATION DEADLINE. The mediation deadline is extended from October 12, 2006 to November 10, 2006. Signed by Judge Maxine M. Chesney on October 6, 2006. (mmclc1, COURT STAFF)

Oct. 6, 2006

Oct. 6, 2006

RECAP
22

Proposed Order (PROTECTIVE) RE DISCLOSURE OF CONFIDENTIAL INFORMATION by Nob Hill Properties, Inc.. (Dawson, Kamili) (Filed on 10/26/2006) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

23

PROTECTIVE ORDER RE DISCLOSURE OF CONFIDENTIAL INFORMATION. Signed by Judge Maxine M. Chesney on October 30, 2006. (mmclc1, COURT STAFF)

Oct. 30, 2006

Oct. 30, 2006

RECAP
24

CERTIFICATION OF MEDIATION Session on 11/1/2006, case fully settled, mediation complete. Filed by Mediator, Kristen W. Maloney, dated 11/3/2006. (af, COURT STAFF) (Filed on 11/3/2006) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

25

ORDER OF DISMISSAL. The parties having advised the Court that they have agreed to a settlement of the above-titled action, IT IS HEREBY ORDERED that said action be dismissed without prejudice; provided, however, that if any party hereto shall certify to this Court, within ninety days, with proof of service of a copy thereon on opposing counsel, that the agreed consideration for the settlement has not been delivered, the foregoing order shall stand vacated and the action shall forthwith be restored to the calendar to be set for trial.Signed by Judge Maxine M. Chesney on November 6, 2006. (mmclc1, COURT STAFF)

Nov. 6, 2006

Nov. 6, 2006

RECAP
26

MOTION relief from dismissal re 25 Order Dismissing Case,, Request to Vacate Dismissal; Declaration of Cindy O'Hara in Support; proposed Order filed by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 2/1/2007) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

27

ORDER EXTENDING DEADLINE FOR PARTIES TO SUBMIT CERTIFICATION THAT AGREED CONSIDERATION HAS NOT BEEN DELIVERED. Either party shall have until March 9, 2007 to certify to the Court that the agreed consideration for settlement has not been delivered ove r. Upon proper certification, the Order of Dismissal, filed November 6, 2006, shall be vacated and the cause shall forthwith be restored to the calendar to be set for trial. Signed by Judge Maxine M. Chesney on February 5, 2007. (mmclc1, COURT STAFF)

Feb. 5, 2007

Feb. 5, 2007

RECAP
28

SETTLEMENT AGREEMENT Consent Decree by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 3/6/2007) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

29

CONSENT DECREE. Signed by Judge Maxine M. Chesney on March 8, 2007. (mmclc1, COURT STAFF) (Filed on 3/8/2007)

March 8, 2007

March 8, 2007

RECAP
30

SETTLEMENT AGREEMENT Amended Consent Decree by Equal Employment Opportunity Commission, Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 4/20/2007) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

31

Letter from Cindy O'Hara, EEOC regarding Amended Consent Decree . (O'Hara, Cindy) (Filed on 4/20/2007) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

32

AMENDED CONSENT DECREE. Signed by Judge Maxine M. Chesney on April 23, 2007. (mmclc1, COURT STAFF) (Filed on 4/23/2007)

April 23, 2007

April 23, 2007

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: March 21, 2006

Closing Date: 2009

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

Nob Hill Properties, Inc. (San Francisco, CA), Private Entity/Person

Case Details

Causes of Action:

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

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: 2007 - 2009

Content of Injunction:

Apology

Discrimination Prohibition

Retaliation Prohibition

Provide antidiscrimination training

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

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

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian