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Case Name Civil Rights Education and Enforcement Center v. Sage Hospitality Resources LLC DR-CO-0023
Docket / Court 1:15-cv-00236 ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
On February 4, 2015, the Civil Rights Education and Enforcement Center (CREEC), on behalf of its members, and an individual plaintiff, on behalf of herself and a proposed class of individuals with mobility disabilities, filed this class action in the U.S. District Court for the District of Colorado ... read more >
On February 4, 2015, the Civil Rights Education and Enforcement Center (CREEC), on behalf of its members, and an individual plaintiff, on behalf of herself and a proposed class of individuals with mobility disabilities, filed this class action in the U.S. District Court for the District of Colorado. Under Title III of the Americans with Disabilities Act, the plaintiffs sought declaratory and injunctive relief against the defendant, a hotel operator that allegedly failed to provide accessible transportation services to disabled guests, as required by the ADA. The requested class certification consisted of "individuals who use wheelchairs or scooters for mobility who have been, or in the future will be, denied the full and equal enjoyment of transportation services offered to guests at hotels owned and/or operated by Sage because of the lack of equivalent accessible transportation services at those hotels. The plaintiffs sought reasonable accommodation under the ADA though wheelchair-accessible transportation services equivalent to the transportation services provided to non-disabled guests at the defendant's hotels. The case was assigned to Judge Robert E. Blackburn and referred to Magistrate Judge Michael E. Hegarty.

This case was one of four class actions filed by CREEC against major hotel owner/operators (including RLJ Lodging Trust, Hospitality Properties Trust, and Ashford Hospitality Trust) for disability discrimination with respect to hotel shuttle transportation. On March 24, 2015, the defendants moved to dismiss the complaint arguing that this case was one of four "cookie cutter" complaints filed by the plaintiff's counsel and that the complaint should fail for referencing the wrong entity as a defendant. Additionally, the defendants argued that the plaintiff's complaint was based on "pure speculation and guesswork," relied on conclusory allegations insufficient to establish any credible threat of immediate future harm, and did not plead a plausible basis for nationwide class relief. The judge denied the defendants' motion to dismiss, but granted one individual defendant's motion to dismiss himself as a named defendant from the case. 222 F.Supp.3d 934.

The parties entered into a confidential settlement agreement, within which the defendant agreed to direct its hotel-operating subsidiaries to comply with the requirements of Title III of the ADA concerning transportation services. However, the parties could not agree on the amount to be awarded to the plaintiffs for reasonable attorney fees and costs. The court granted the plaintiffs 242,049.37 in attorneys fees and dismissed the case with retained jurisdiction to enforce the settlement agreement. The case was closed on March 26, 2018.

The defendant was scheduled to pay the plaintiffs the required amount by April 20, 2018, but it never paid. Over the course of the following month, the plaintiffs made numerous unsuccessful attempts to obtain payment from the defendant. On May 30, 2018, the plaintiffs filed a motion to enforce the court’s order for attorneys' fees. After the plaintiffs finally received the awarded amount on June 5, they withdrew their motion to enforce the order. The case remains closed.

Jenn Nelson - 09/28/2015
Esther Vinarov - 11/18/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Reasonable Accommodation
Disability
Mobility impairment
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - privately owned
Reasonable Accommodations
Transportation
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Non-government for profit
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Sage Hospitality Resources LLC
Plaintiff Description "individuals who use wheelchairs or scooters for mobility who have been, or in the future will be, denied the full and equal enjoyment of transportation services offered to guests at hotels owned and/or operated by Sage because of the lack of equivalent accessible transportation services at those hotels."
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Class action status sought Yes
Class action status granted Unknown
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filing Year 2015
Case Closing Year 2016
Case Ongoing No
Case Listing DR-CA-0054 : Civil Rights Education and Enforcement Center v. Ashford Hospitality Trust (N.D. Cal.)
DR-CA-0053 : Civil Rights Education and Enforcement Center v. Hospitality Properties Trust (N.D. Cal.)
DR-CA-0052 : Civil Rights Education and Enforcement Center v. RLJ Lodging Trust (N.D. Cal.)
Docket(s)
1:15-cv-00236 (D. Colo.)
DR-CO-0023-9000.pdf | Detail
Date: 06/05/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
DR-CO-0023-0002.pdf | Detail
Date: 02/04/2015
Source: Bloomberg Law
Defendant Sage Hospitality Resources' Motion to Dismiss Plaintiff's Complaint and Memorandum of Law [ECF# 23]
DR-CO-0023-0004.pdf | Detail
Date: 03/24/2015
Source: Bloomberg Law
First Amended Class Action Complaint [ECF# 29]
DR-CO-0023-0003.pdf | Detail
Date: 04/14/2015
Source: PACER [Public Access to Court Electronic Records]
Minute Order [ECF# 45] (D. Colo.)
DR-CO-0023-0005.pdf | Detail
Date: 05/01/2015
Source: PACER [Public Access to Court Electronic Records]
Recommendation of United States Magistrate Judge [ECF# 115]
DR-CO-0023-0007.pdf | Detail
Date: 02/26/2016
Source: PACER [Public Access to Court Electronic Records]
Order Overruling Objections and Adopting Recommendation of United States Magistrate Judge [ECF# 121] (222 F.Supp.3d 934) (D. Colo.)
DR-CO-0023-0006.pdf | WESTLAW| LEXIS | Detail
Date: 03/28/2016
Source: PACER [Public Access to Court Electronic Records]
Order Concerning Settlement, Awarding Attorney Fees and Costs, and Dismissing Case [ECF# 176] (D. Colo.)
DR-CO-0023-0008.pdf | Detail
Date: 03/26/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Blackburn, Robert E. (D. Colo.)
DR-CO-0023-0006 | DR-CO-0023-0008 | DR-CO-0023-9000
Hegarty, Michael E. (D. Colo.) [Magistrate]
DR-CO-0023-0005 | DR-CO-0023-0007 | DR-CO-0023-9000
Plaintiff's Lawyers Campins, Julia (California)
DR-CO-0023-0002 | DR-CO-0023-0003 | DR-CO-0023-9000
Davidson, Joshua (California)
DR-CO-0023-9000
Fontana, Lauren (Colorado)
DR-CO-0023-9000
Fox, Timothy Patrick (Colorado)
DR-CO-0023-0002 | DR-CO-0023-0003 | DR-CO-0023-9000
Lam, Linda Pham (California)
DR-CO-0023-9000
Lane, David A. (Colorado)
DR-CO-0023-9000
Lee, Bill Lann (California)
DR-CO-0023-0002 | DR-CO-0023-0003 | DR-CO-0023-9000
Morris, Sarah (Colorado)
DR-CO-0023-9000
Wilensky, Julie H. (California)
DR-CO-0023-9000
Williams, Kevin William (Colorado)
DR-CO-0023-0002 | DR-CO-0023-0003 | DR-CO-0023-9000
Defendant's Lawyers Fanning, Scott C. (Illinois)
DR-CO-0023-9000
Miller, Steve Allen (Illinois)
DR-CO-0023-9000
Simon, Kevin S. (Illinois)
DR-CO-0023-0004 | DR-CO-0023-9000

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