Case: EEOC v. FAMILY MOTOR INN

4:03-cv-01158 | U.S. District Court for the Eastern District of Missouri

Filed Date: Aug. 21, 2003

Closed Date: March 18, 2008

Clearinghouse coding complete

Case Summary

The EEOC's St. Louis district office sued Hiten Hospitality, d/b/a Family Motor Inn on August 21, 2003 in the U.S. District Court for the Eastern District of Missouri. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by creating a hostile work environment of sexual harassment against the intervenors, who intervened in September 2003, and retaliated by chastising complaining employees into constructive discharge or decreasing their w…

The EEOC's St. Louis district office sued Hiten Hospitality, d/b/a Family Motor Inn on August 21, 2003 in the U.S. District Court for the Eastern District of Missouri. The EEOC's complaint alleged that the defendant violated Title VII when it discriminated based on sex (female) by creating a hostile work environment of sexual harassment against the intervenors, who intervened in September 2003, and retaliated by chastising complaining employees into constructive discharge or decreasing their work hours. The parties entered into a consent decree on March 18, 2004, which stipulated that the defendant would pay the intervenors $180,000 in damages, post a notice of compliance with Title VII, provide Title VII training to its employees, distribute a non-discrimination policy, report compliance with the consent decree, and allow the EEOC access to the defendant's records and employees to ensure compliance with the consent decree.

The consent decree was set to last four years. The only additional activity that shows up in the docket is the dismissal of intervenor plaintiffs and the ADR compliance report. Given there is no additional enforcement activity, presumably the matter closed in March 2008.

Summary Authors

Aaron Weismann (7/18/2007)

Rachel Barr (1/4/2018)

Documents in the Clearinghouse

Document

4:03-cv-01158

Docket [PACER]

EEOC v. Hiten Hospitality

Nov. 9, 2004

Nov. 9, 2004

Docket
11

4:03-cv-01158

First Amended Complaint

EEOC v. Hiten Hospitality

Oct. 27, 2003

Oct. 27, 2003

Complaint
18

4:03-cv-01158

Second Amended Complaint

EEOC v. Hiten Hospitality LLC

Nov. 18, 2003

Nov. 18, 2003

Complaint
30

4:03-cv-01158

Consent Decree

EEOC v. Hiten Hospitality LLC

March 18, 2004

March 18, 2004

Settlement Agreement

EEOC Litigation Settlement Report

EEOC v. Family Motor Inn

No Court

March 18, 2004

March 18, 2004

Press Release
31

4:03-cv-01158

Stipulation for Dismissal

EEOC v. Hiten Hospitality LLC

July 14, 2004

July 14, 2004

Pleading / Motion / Brief

Resources

Docket

Last updated March 20, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; # Waivers of Service Issued: 1 # Counts: 1; jury demand 2 consents (SET) (Entered: 08/26/2003)

Aug. 21, 2003

Aug. 21, 2003

2

TRACK INFORMATION STATEMENT filed by plaintiff EEOC track 3 preferred (SET) (Entered: 08/26/2003)

Aug. 21, 2003

Aug. 21, 2003

3

MOTION by movant Tina Settles, movant Carolyn Rogers, movant Natasha Delong to intervene with memo in support and proposed complaint in intervention attached. (KXS) (Entered: 09/22/2003)

Sept. 19, 2003

Sept. 19, 2003

4

RULED DOCUMENT by Mag Judge Mary Ann L. Medler granting motion to intervene [3-1] (cc: all counsel) (CMA) (Entered: 09/23/2003)

Sept. 23, 2003

Sept. 23, 2003

5

INTERVENOR'S COMPLAINT (Titled Complaint in Intervention) by intervenor Tina Settles, intervenor Carolyn Rogers, intervenor Natasha Delong; # Counts: 6; jury demand (CMA) (Entered: 09/23/2003)

Sept. 23, 2003

Sept. 23, 2003

6

MOTION by intervenor Tina Settles, intervenor Carolyn Rogers, intervenor Natasha Delong for attorney Sandra Lee Baker to appear pro hac vice (KCM) (Entered: 10/02/2003)

Sept. 30, 2003

Sept. 30, 2003

7

RECEIPT # S2003-011522 in the amount of $ 25.00 for pro hac vice admission for Sandra L. Baker (KCM) (Entered: 10/02/2003)

Sept. 30, 2003

Sept. 30, 2003

8

RULED DOCUMENT by Mag Judge Mary Ann L. Medler granting motion for attorney Sandra Lee Baker to appear pro hac vice [6-1] (cc: all counsel) (CMA) Additional attachment(s) added on 12/16/2003 (FLJ, ). (Entered: 10/08/2003)

Oct. 6, 2003

Oct. 6, 2003

9

ENTRY of Appearance by Joy Urbom Taylor Defendant Hiten Hospitality LLC. (Taylor, Joy) (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

10

MOTION for Extension of: Time in Which to File Appropriate Motions and/or Pleadings by Defendant Hiten Hospitality LLC (Note: Docketed By Clerk Pursuant to Document No. 9) (CMA ) (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

***REMARK : Attorney Kathi Chestnut added to case by Clerk Pursuant to Entry of Appearance Dated 10/20/03 (CMA ) (Entered: 10/21/2003)

Oct. 21, 2003

Oct. 21, 2003

Docket Text ORDER re 10 MOTION for Extension of: Time in Which to File Appropriate Motions and/or Pleadings filed by Hiten Hospitality LLC ; ORDERED Granted up to and including Thursday, October 30, 2003. Signed by Judge Mary Ann L Medler on 10/22/2003. (sck, ) (Entered: 10/22/2003)

Oct. 22, 2003

Oct. 22, 2003

11

AMENDED COMPLAINT against defendant(s) Hiten Hospitality LLC , filed by Equal Employment Opportunity Commission. Related document: [1] Complaint.(Shelly, Jan) (Entered: 10/27/2003)

Oct. 27, 2003

Oct. 27, 2003

Clearinghouse
12

MEMORANDUM re 11 Amended Complaint Certificate of Service by Plaintiff Equal Employment Opportunity Commission. (Shelly, Jan) (Entered: 10/27/2003)

Oct. 27, 2003

Oct. 27, 2003

13

ANSWER to Complaint (Plaintiffs-Intervenors') by Hiten Hospitality LLC.(Chestnut, Kathi) (Entered: 10/30/2003)

Oct. 30, 2003

Oct. 30, 2003

Clearinghouse
15

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Hiten Hospitality LLC Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Chestnut, Kathi) (Entered: 10/30/2003)

Oct. 30, 2003

Oct. 30, 2003

16

MOTION to Dismiss and/or Strike :Counts II Through VI of Plaintiffs-Intervenors' Complaint by Defendant Hiten Hospitality LLC. (Attachments: # 1 Memorandum in Support of Defendant Hiten Hospitality, L.L.C. d/b/a Family Motor Inn's Motion to Dismiss and/or Strike Counts II Through VI of Plaintiffs-Intervenors' Complaint)(Chestnut, Kathi) (Entered: 10/30/2003)

Oct. 30, 2003

Oct. 30, 2003

17

MOTION to File Second Amended Complaint by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Shelly, Jan) (Modified on 11/14/2003 to Edit Docket Text - CMA) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

Docket Text ORDER re 17 MOTION to Amend/Correct [1] Complaint Plaintiff's Motion to File Second Amended Complaint filed by Equal Employment Opportunity Commission is GRANTED. Signed by Judge Mary Ann L. Medler on 11/14/03. (sck, ) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

18

AMENDED COMPLAINT Second Amended Complaint against defendant(s) Hiten Hospitality LLC Second Amended Complaint , filed by Equal Employment Opportunity Commission. Related document: [1] Complaint.(Shelly, Jan) (Entered: 11/18/2003)

Nov. 18, 2003

Nov. 18, 2003

Clearinghouse
19

RULE 16 ORDER This case is assigned to Track: 2 (standard) Joint Scheduling Plan due by 12/12/2003. Rule 16 Conference set for 12/19/2003 10:00 AM in Courtroom 13S before Mag Judge Mary Ann L. Medler. Magistrate Consent due by 12/12/2003. Signed by Judge Mary Ann L. Medler on 11/19/03. (DJO, ) (Entered: 11/24/2003)

Nov. 19, 2003

Nov. 19, 2003

20

ANSWER to Amended Complaint by Hiten Hospitality LLC.(Chestnut, Kathi) (Entered: 11/26/2003)

Nov. 26, 2003

Nov. 26, 2003

Clearinghouse
21

JOINT SCHEDULING PLAN by Plaintiff Equal Employment Opportunity Commission, Deft Hiten Hospitality, Deft Jay Kishan Hospitality, and Intervenor Pltfs Settles, Rogers, and Delong. (Shelly, Jan) (Modified on 12/12/2003 to Edit Filer - CMA) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

22

ENTRY of Appearance by Kathi L. Chestnut Defendant Jay Kishan Hospitality, Inc.. (Chestnut, Kathi) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

23

ANSWER to Second Amended Complaint by Jay Kishan Hospitality, Inc..(Chestnut, Kathi) (Modified on 12/12/2003 to Edit Docket Text by Adding "Second" - CMA) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

24

FULL CONSENT has been received by by Intervenor Plaintiffs Natasha Delong, Carolyn Rogers, Tina Settles, Plaintiff Equal Employment Opportunity Commission, Defendants Hiten Hospitality LLC, Jay Kishan Hospitality, Inc.. (KXS, ) (Entered: 12/29/2003)

Dec. 22, 2003

Dec. 22, 2003

26

ORDER REFERRING CASE to Alternative Dispute Resolution: This case is referred to: Mediation; Designation of Lead Counsel: Jan Shelly; ADR Completion Deadline due by 3/12/2004; Designation of Neutral due by 1/19/2004; ADR Conference Schedule due by 1/19/2004; Signed by Judge Mary Ann L. Medler on 12/30/03(CMA) (Entered: 12/30/2003)

Dec. 30, 2003

Dec. 30, 2003

27

Designation of Neutral by parties and ADR Conference Report by Plaintiff Equal Employment Opportunity Commission Neutral: Karen Tokarz Date of Conference: February 17, 2004 time: 9:00 a.m. Location: Greensfelder and Hempker(Shelly, Jan) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

28

NOTICE of Appointment of Neutral- Neutral name: Karen Tokarz - Neutral selected by parties, Notice of appointment and order of referral e-mailed to Neutral Tokarz.(SAC, ) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

29

ORDER - IT IS HEREBY ORDERED that the August 1, 2005 trial setting is vacated and all pending motions are denied without prejudice. IT IS HEREBY ORDERED that counsel shall file, within 30 days of the date of this order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment. Failure to timely comply with this order shall result in the dismissal of this action with prejudice.Signed by Judge Mary Ann L. Medler on 2/24/04. (LAH, ) (Entered: 02/24/2004)

Feb. 24, 2004

Feb. 24, 2004

30

CONSENT DECREE (Terminate Case) See Decree for Details....Signed by Judge Mary Ann L. Medler on 3/18/04. (ARL) (Entered: 03/22/2004)

March 18, 2004

March 18, 2004

Clearinghouse
31

STIPULATION for Dismissal by Defendants Hiten Hospitality LLC, Jay Kishan Hospitality, Inc. and Intervenor Pltfs Natasha Delong, Carolyn Rogers, and Tina Settles (Chestnut, Kathi) (Modified on 7/15/2004 to Add Filers - CMA) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

Clearinghouse
32

ADR COMPLIANCE REPORT by Neutral: Karen Tokarz, Date of Conference: February 17, 2004, participated in good faith: yes, the parties DID achieve a settlement(SAC, ) (Entered: 11/09/2004)

Nov. 9, 2004

Nov. 9, 2004

Case Details

State / Territory: Missouri

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: Aug. 21, 2003

Closing Date: March 18, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jay Kishan Hospitality, Inc. (Sullivan, MO), Private Entity/Person

Hiten Hospitality, LLC (Sullivan, MO), 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: 180000

Order Duration: 2004 - 2008

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit