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Case Name Unknown Party v. Motel 6 IM-AZ-0025
Docket / Court 2:18-cv-00242-DGC ( D. Ariz. )
State/Territory Arizona
Case Type(s) Immigration and/or the Border
Attorney Organization MALDEF
Case Summary
This case challenged the hotel chain Motel 6 reporting guests to federal immigration officials.

Eight individuals who stayed separately at Arizona Motel 6 locations filed a class action lawsuit in U.S. District Court for the District of Arizona on January 23, 2018. Suing under 42 U.S.C ... read more >
This case challenged the hotel chain Motel 6 reporting guests to federal immigration officials.

Eight individuals who stayed separately at Arizona Motel 6 locations filed a class action lawsuit in U.S. District Court for the District of Arizona on January 23, 2018. Suing under 42 U.S.C. § 1983, plaintiffs sued Motel 6 Operating L.P., its parent company G6 Hospitality LLC, and 10 unnamed Motel 6 employees in Arizona. The plaintiffs, represented by the Mexican American Legal Defense and Educational Fund (MALDEF), requested class certification, and sought declaratory, monetary, and injunctive relief, as well as a civil penalty and attorneys' fees and costs. Judge David G. Campbell was assigned.

Plaintiffs claimed Motel 6's policy of disclosing guests' information to the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) without requiring a warrant or reasonable suspicion of criminal activity violated the Fourth Amendment, as well as federal and state laws. Defendants allegedly violated 42 U.S.C. § 1981 by discriminating against plaintiff’s race or national origin by denying Latino guests the full and equal enjoyment of the contractual relationship with Motel 6. Additionally, by assisting DHS and ICE agents, the plaintiffs alleged that Motel 6 violated 42 U.S.C. § 1985(3) by engaging in a conspiracy to violate the plaintiff's rights. Thirdly, the plaintiffs alleged that the defendants violated their Fourth Amendment right to be free from unreasonable searches and seizures by disclosing the plaintiffs' personal information to federal immigration officials without a warrant or reasonable suspicion of a crime. The plaintiffs also alleged a variety of state law violations, including various tort and breach of contract claims.

The parties filed a joint notice of settlement on July 6, 2018. A joint request for conditional class certification and preliminary approval of settlement terms was filed on July 6, 2018.

Plaintiffs sought one primary class and two subclasses. The primary class consisted of all persons who stayed at a Motel 6 between February 1, 2017, and November 2, 2018, and had their information shared with federal immigration authorities. The first subclass was all persons who were questioned or interrogated by federal immigration authorities at a Motel 6 as a result of guest information being shared. The second subclass was for all persons who had been placed in immigration removal proceedings due to disclosed guest information and the resulting encounters with federal immigration authorities at a Motel 6.

The proposed settlement included a two-year enforcement period under a consent decree that would enjoin Motel 6 from providing guest information to DHS and ICE absent a warrant, subpoena, or the immediate risk of harm to a guest, employee, or another individual. Additionally, parties sought three categories of monetary damages totaling $7.6 million. First, $50 in damages per guest whose information was shared with federal immigration authorities, up to a class-wide total of $1,000,000. Second, $1,000 in damages to each class member questioned by federal immigration authorities during their stay. Finally, an amount of at least $7,500 to each Class Member who was placed in immigration removal proceedings in connection with their encounter with federal immigration authorities during their stay.

On May 30, 2019, the court mooted the parties' joint motion. The parties had advised the court that they would be filing a new motion for preliminary approval of a class settlement.

Plaintiffs filed an amended class-action complaint on June 5, 2019. The amended complaint contains largely the same allegations and claims as in the original complaint. Plaintiffs now sought a primary class and one subclass. The primary class was all persons who stayed at a Motel 6 and had their information disclosed to federal immigration authorities between February 1, 2015, and the date of judgment in the present case. The subclass included guests at a Motel 6 that had been interrogated, arrested, or placed in removal proceedings by federal immigration authorities due to guest information being disclosed.

The parties again filed a joint motion for approval of the class action settlement and to certify class on July 5, 2019. The court granted preliminary approval of the class action settlement on August 2, 2019.

On January 17, 2020, the parties filed a joint motion requesting five actions. First, final approval of the settlement. Second, certification of the proposed classes. Third, a consent decree for injunctive relief. Fourth, authorization to distribute the settlement monetary damages in accordance with the agreement. Finally, payment of attorneys’ fees and costs.

The court granted final approval of the third amended class action settlement on February 18, 2020. The court found that the amount of funds going to class members was sufficient and that the amount of funds held for four immigration rights organizations was "consistent with the underlying objectives of the claims in this case, serves the interests of the silent class members, and is not too remote from the class."

Judge Campbell signed a consent decree on February 18, 2020, making effective injunctive and recordkeeping provisions for three years. The injunctive provisions mandated Motel 6 do the following:
  • Maintain a 24-hour hotline for employee use when they receive a federal request for guest information.
  • Not share any guest information with federal immigration authorities without a warrant, subpoena, or credible risk of imminent danger.
  • Motel 6 to create an online form for guests to report if guest information was improperly shared.
  • Maintain documentation related to reporting.
  • Annual meeting with parties to ensure compliance with consent decree.
The parties attended the first required annual meetings on March 4, 2021. According to a joint status report filed on March 29, 2021, Motel 6 had complied with the consent decree. The aforementioned 24-hour hotline, online reporting system, and policies have all been implemented. Motel 6 has explicitly required that franchise locations also adopt the above requirements.

The court retains jurisdiction over the matter for the duration of the consent decree.

Lisa Koo - 01/30/2019
Aaron Gurley - 03/05/2020
Eric Gripp - 07/20/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Unreasonable search and seizure
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Recordkeeping
Reporting
Discrimination-basis
Immigration status
National origin discrimination
Race discrimination
General
Confidentiality
False arrest
Over/Unlawful Detention
Placement in detention facilities
Records Disclosure
Immigration/Border
Constitutional rights
Deportation - procedure
ICE/DHS/INS raid
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action 42 U.S.C. § 1981
42 U.S.C. § 1983
42 U.S.C. § 1985
Defendant(s) G6 Hospitality LLC
Motel 6 Operating, L.P.
Plaintiff Description People who stayed at a Motel 6 and had their information disclosed to federal immigration authorities between February 1, 2015 and November 2, 2018.
Indexed Lawyer Organizations MALDEF
Class action status sought Yes
Class action status outcome Granted
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2020 - 2023
Filed 01/23/2018
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
D. Ariz.
03/29/2021
2:18-cv-00242-DGC
IM-AZ-0025-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Ariz.
11/02/2018
Order/Opinion [ECF# 34]
IM-AZ-0025-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Ariz.
01/14/2019
Complaint [ECF# 1]
IM-AZ-0025-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Ariz.
02/18/2020
Order [ECF# 87]
IM-AZ-0025-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Ariz.
02/18/2020
Consent Decree [ECF# 88]
IM-AZ-0025-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Campbell, David G. (D. Ariz.) show/hide docs
IM-AZ-0025-0004 | IM-AZ-0025-0005 | IM-AZ-0025-0006 | IM-AZ-0025-9000
Plaintiff's Lawyers Gallegos, Andres J (California) show/hide docs
IM-AZ-0025-9000
Holguin, Andres R (California) show/hide docs
IM-AZ-0025-0005 | IM-AZ-0025-0006 | IM-AZ-0025-9000
Ortega, Daniel R. Jr. (Arizona) show/hide docs
IM-AZ-0025-9000
Perales, Nina (Texas) show/hide docs
IM-AZ-0025-0001 | IM-AZ-0025-9000
Saenz, Thomas A. (California) show/hide docs
IM-AZ-0025-9000
Defendant's Lawyers Bivens, Donald W (Arizona) show/hide docs
IM-AZ-0025-9000
DeSanctis, Michael B (District of Columbia) show/hide docs
IM-AZ-0025-9000
Kadzik, Peter J (District of Columbia) show/hide docs
IM-AZ-0025-9000
Lynch, Christopher M (District of Columbia) show/hide docs
IM-AZ-0025-9000
Refo, Patricia Lee (Arizona) show/hide docs
IM-AZ-0025-9000
Tobin, Stacie E. (Maryland) show/hide docs
IM-AZ-0025-0005 | IM-AZ-0025-0006 | IM-AZ-0025-9000
Verrilli, Donald B. Jr. (District of Columbia) show/hide docs
IM-AZ-0025-9000
Other Lawyers Crandell, Rusty D. (Arizona) show/hide docs
IM-AZ-0025-9000
Jessen, Katherine H. (Arizona) show/hide docs
IM-AZ-0025-9000
Sawyer, Kate B. (Arizona) show/hide docs
IM-AZ-0025-9000
Skinner, Oramel Horace (Arizona) show/hide docs
IM-AZ-0025-9000
Vogel, Dana Rae (Arizona) show/hide docs
IM-AZ-0025-9000

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