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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. NCL AMERICA EE-HI-0010
Docket / Court 06 00451 SPK BMK ( D. Haw. )
State/Territory Hawaii
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Los Angeles district office of the EEOC filed this case in August 2006 in the U.S. District Court for the District of Hawaii against NCL America, Inc., a major international cruise line, and three of its affiliated corporate entities. The complaint alleged that NCL had discharged the charging ... read more >
The Los Angeles district office of the EEOC filed this case in August 2006 in the U.S. District Court for the District of Hawaii against NCL America, Inc., a major international cruise line, and three of its affiliated corporate entities. The complaint alleged that NCL had discharged the charging parties because of their Middle Eastern origin and their Muslim religion, in violation of Title VII of the Civil Rights Act of 1964. In November 2006, the charging parties intervened in the suit, adding claims for discrimination and emotional distress under Hawaii state law, as well as 42 U.S.C. ß 1981. In January 2007, the defendants filed motions to dismiss the EEOC and the plaintiff-intervenors' complaints, but these motions were denied in August 2007. In August 2007, the intervenors filed a motion to consolidate this case with a private lawsuit one of them had filed against the defendant (1:07-cv-00372-SOM-BMK). This motion was granted in September 2007, and the EEOC case became the lead case.

In November 2007, the EEOC filed a motion for partial summary judgment against the defendants, which was eventually denied in February 2008. That same November, the defendants filed a flurry of summary judgment motions, four in total. These were responded too with one counter-motion for summary judgment by one of the intervenors in January 2008, two counter-motions for partial summary judgment by the EEOC in January 2008, and a counter-motion for summary judgment by the EEOC in January 2008. In February 2008 the court ruled on all the pending motions for summary judgment, denying all of them except for granting summary judgment to one of the defendants, NCL Corporation Ltd., and granting in part and denying in part the motions filed by another defendant, NCL America, Inc. That same February, the parties agreed by stipulation to dismiss the claims against another defendant, Norwegian Cruise Line Ltd. The final defendant, NCL (Bahamas) Ltd., filed a motion for summary judgment in February 2008.

In March 2008, it was announced that the remaining parties in the lawsuit had settled and that a consent decree between the plaintiffs and the remaining defendants would be forthcoming. At the same time, NCL (Bahamas) Ltd.'s motion for summary judgment was terminated, having been mooted by the settlement proceedings. On April 15, 2008, a status conference was held regarding the possibility of dismissing the case, but as of April 22, 2008 the case is still ongoing and the consent decree had not yet been filed.

Kevin Wilemon - 08/07/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
National origin discrimination
Religion discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Party intervened in EEOC suit
General
Disparate Treatment
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Other
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
State Anti-Discrimination Law
42 U.S.C. § 1981
Defendant(s) NCL (Bahamas) Ltd.
NCL (Bahamas) Ltd.
NCL America, Inc.
Norwegian Corporation Ltd.
Norwegian Cruise Line, Ltd.
Norwegian Cruise Line, Ltd.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing EE-HI-0020 : Almlhany v. NCL America, Inc. et al (D. Haw.)
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:06-cv-00451-SPK-BMK (D. Haw.) 04/15/2008
EE-HI-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/22/2006
EE-HI-0010-0001.pdf | Detail
Complaint of Plaintiff-Intervenors 11/22/2006
EE-HI-0010-0002.pdf | Detail
Order Denying Plaintiff EEOC's Motion for Protective Order Under Rule 26(c) Date March 9, 2007 [Docket 53] 04/19/2007 (D. Haw.)
EE-HI-0010-0003.pdf | Detail
Order (1) Granting in Part and Denying in Part EEOC's Application for Renewed Protective Order, and (2) Denying Without Prejudice NCL's Motion for Rule 37 Sanctions 05/30/2007 (D. Haw.)
EE-HI-0010-0004.pdf | Detail
Motion to Consolidate 08/13/2007
EE-HI-0010-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendants' Motion to Partially Dismiss Plaintiffs-Intervenors' Complaint 08/31/2007 (504 F.Supp.2d 1008) (D. Haw.)
EE-HI-0010-0005.pdf | WESTLAW| LEXIS | Detail
Order Granting Motion to Consolidate 09/17/2007 (D. Haw.)
EE-HI-0010-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order (1) Denying Plaintiff EEOC's Motion to Compel Production of Documents and for Discovery Sanctions Against NCL America Inc. Under FRCP 37 [Docket 119] and Plaintiff EEOC's Motion to Compel Production of Documents and [...] 10/03/2007 (D. Haw.)
EE-HI-0010-0012.pdf | Detail
Order (1) Granting in Part and Denying in Part Defendant NCL America Inc.'s Motion to Compel and for Reasonable Expenses [Docket 158]; and (2) Granting in Part and Denying in Part Plaintiff U.S. Equal Employment Opportunity Commission's Motion [...] 12/05/2007 (D. Haw.)
EE-HI-0010-0006.pdf | Detail
Order Denying Norwegian Cruise Line Ltd.'s Motion for Summary Judgment, etc. 02/01/2008 (2008 WL 281524) (D. Haw.)
EE-HI-0010-0007.pdf | WESTLAW | Detail
First Amended Complaint 02/15/2008
EE-HI-0010-0008.pdf | Detail
Order Granting in part and Denying in part NCL America, Inc.'s Motion for Summary Judgment 02/20/2008 (535 F.Supp.2d 1149) (D. Haw.)
EE-HI-0010-0009.pdf | WESTLAW| LEXIS | Detail
Order on Joint Stipulation to Dismiss Norwegian Cruise Line Limited 02/20/2008 (D. Haw.)
EE-HI-0010-0014.pdf | Detail
Order Granting in Part and Denying in Part Plaintiff EEOC's Motion for Partial Summary Judgment against Defendant NCL America, Inc. 02/26/2008 (536 F.Supp.2d 1216) (D. Haw.)
EE-HI-0010-0010.pdf | WESTLAW| LEXIS | Detail
Amended Complaint of Plaintiff-Intervenors 03/07/2008
EE-HI-0010-0011.pdf | Detail
Judges Kurren, Barry M. (D. Haw.) [Magistrate]
EE-HI-0010-0003 | EE-HI-0010-0004 | EE-HI-0010-0006 | EE-HI-0010-0012
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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