Case: EEOC v. AMERISUITES

1:06-cv-00860 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 13, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In September 2006, the EEOC district office in Albuquerque, New Mexico brought this suit against Midtown Hospitality, LLC, doing business as Amerisuites by Prime, in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant terminated a female employee when it became aware of her pregnancy, in violation of Title VII of the Civil Rights Act of 1964. Three months after the initial answer was filed, the parties settled and a consent decree was entered in F…

In September 2006, the EEOC district office in Albuquerque, New Mexico brought this suit against Midtown Hospitality, LLC, doing business as Amerisuites by Prime, in the U.S. District Court for the District of New Mexico. The complaint alleged that the defendant terminated a female employee when it became aware of her pregnancy, in violation of Title VII of the Civil Rights Act of 1964. Three months after the initial answer was filed, the parties settled and a consent decree was entered in February 2007.

In the consent decree, the parties agreed that the defendant would refrain from retaliating or discriminating on the basis of sex, pay the complainant $25,000, issue a neutral reference letter, classify her leaving as a voluntary resignation, expunge all employment records of references to this litigation, review its EEO policies, distribute EEO policies, post EEO notices, provide EEO training, and submit semiannual compliance reports. No fees or costs were awarded. The terms of the agreement ran for three years. The docket sheet does not show any further enforcement; the case was presumably closed in 2010.

Summary Authors

Jason Chester (6/26/2007)

People


Judge(s)

Hansen, Curtis LeRoy (New Mexico)

Judge(s)

Hansen, Curtis LeRoy (New Mexico)

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Documents in the Clearinghouse

Document

1:06-cv-00860

Docket (PACER)

EEOC v. Midtown Hospitality

Feb. 28, 2007

Feb. 28, 2007

Docket
1

06-cv-00864

Complaint

Equal Employment Opportunity Commission v. Midtown Hospitality, LLC d/b/a Amerisuites by Prime

Sept. 13, 2006

Sept. 13, 2006

Complaint
13

06-cv-00864

Consent Decree

Equal Employment Opportunity Commission v. Midtown Hospitality, LLC d/b/a Amerisuites

Feb. 28, 2007

Feb. 28, 2007

Settlement Agreement

Resources

Docket

Last updated March 21, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Employment w/jury demand (1 Summons(es) issued) (referred to Magistrate Judge Alan C. Torgerson) (nc) (Entered: 09/14/2006)

Sept. 13, 2006

Sept. 13, 2006

3

INITIAL SCHEDULING ORDER by Magistrate Judge Alan C. Torgerson Rule 16 scheduling conference set for 1/24/07 @ 2:00 PM; provisional discovery plan & IPTR due 1/14/07 (cc: all counsel*) (jrm) (Entered: 11/17/2006)

Nov. 16, 2006

Nov. 16, 2006

4

NOTICE of Non-Governmental Corporate Party Disclosure by deft (jm) (Entered: 11/30/2006)

Nov. 29, 2006

Nov. 29, 2006

5

Joint Status Report and Provisional Discovery Plan by Equal Employment Opportunity Commission. (Molina, Veronica) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

6

CERTIFICATE OF SERVICE by Midtown Hospitality, LLC Defendant's Rule 26 Disclosure Statement (Stahl, Thomas) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

7

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Initial Disclosures (Molina, Veronica) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

8

Clerk's Minutes A Rule 16 Scheduling Conference was conducted Wednesday, January 24, 2007, at 2:00 p.m. by Magistrate Judge Alan C. Torgerson. (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

9

ORDER by Judge Alan C. Torgerson Adopting Joint Status Report and Provisional Discovery Plan With Changes and Setting Case Management Deadlines. (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

10

ORDER by Judge Alan C. Torgerson Setting Rule 16 Settlement Conference for Friday, February 9, 2007, beginning at 9:30 a.m. in ADR Rooms 1 and 2. (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

Set Deadlines/Hearings: Settlement Conference set for 2/9/2007 09:30 AM in Albuquerque - 380-1 ADR Conference Room before Magistrate Judge Alan C. Torgerson. (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

11

NOTICE of Hearing: Call of the Calendar set for 1/3/2008 01:30 PM in Albuquerque - 580 Brazos Courtroom before District Judge Judith C. Herrera. Final Pretrial Conference set for 1/3/2007 02:00 PM in Albuquerque - 580 Brazos Courtroom before District Judge Judith C. Herrera. Jury Selection/Trial set for 1/14/2008 09:00 AM in Albuquerque - 580 Brazos Courtroom before District Judge Judith C. Herrera. (ljs) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

12

Clerk's Minutes - A Rule 16 Settlement Conference was held at 9:30 a.m. on February 9, 2007, before Magistrate Judge Alan C. Torgerson. Results of the Settlement Conference: Case Settled. (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

13

CONSENT DECREE by Judge Judith C. Herrera (ljs) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

14

ORDER ADMINISTRATIVELY CLOSING CASE by Judge Judith C. Herrera (jm) (Entered: 03/01/2007)

Feb. 28, 2007

Feb. 28, 2007

Case Details

State / Territory: New Mexico

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: Sept. 13, 2006

Closing Date: 2010

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

Midtown Hospitality, LLC, 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: 25000

Order Duration: 2007 - 2010

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits