Case: EEOC v. CP HOTELS (US) 1998 INC and FAIRMONT HOTELS & RESORTS (US) INC (d/b/a FAIRMONT SCOTTSDALE PRINCESS)

2:03-cv-01851 | U.S. District Court for the District of Arizona

Filed Date: Sept. 23, 2003

Closed Date: June 23, 2005

Clearinghouse coding complete

Case Summary

The Phoenix office of the EEOC brought this action in the U.S. District Court for the District of Arizona, against CP Hotels (U.S.) 1998, Inc. and Fairmont Hotels & Resorts (U.S.) Inc. d/b/a Fairmont Scottsdale Princess. The complaint was filed in September 2003, but we do not have access to that document. In October 2004, the parties filed a consent decree, but in November 2004 the court refused to enter it. The EEOC filed an interlocutory appeal regarding that decision on March 2005. That appeal was withdrawn in May 2005, and in June 2005 the parties entered into a consent decree. According to the docket, Defendant paid the charging party a total of $13,750 ($10,000 was backpay), but the only document that we have for this case is the docket.

Summary Authors

Shankar Viswanathan (7/20/2007)

Documents in the Clearinghouse

Document

2:03-cv-01851

Docket (PACER)

EEOC v. CP Hotels (US) 1998, et al

Feb. 7, 2007

Feb. 7, 2007

Docket

Resources

Docket

Last updated Jan. 24, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
3

RETURN OF SERVICE EXECUTED summons/complaint upon dft CP Hotels (US) 1998, by service on Statutory Agent, Brent Lunt at Scottsdale Princess Resort on 9/26/03 in Scottsdale, AZ (former emp) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

4

STIPULATED REQUEST for enlargment of time for dfts to answer complaint [1-1] by pla EEOC, dft CP Hotels (US) 1998, dft Fairmont Hotels & Re [4-1] (former emp) (Entered: 10/20/2003)

Oct. 16, 2003

Oct. 16, 2003

5

ORDER by Judge Frederick J. Martone granting stipulation for enlargment of time, until 11/15/03 for dfts to answer complaint [1-1] by pla EEOC, dft CP Hotels (US) 1998, dft Fairmont Hotels & Re [4-1] (cc: all counsel) (former emp) (Entered: 10/28/2003)

Oct. 28, 2003

Oct. 28, 2003

6

ANSWER to pla's complaint [1-1] by dft CP Hotels (US) 1998, dft Fairmont Hotels & Re (former emp) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

7

ORDER SETTING RULE 16 SCHEDULING CONFERENCE by Judge Frederick J. Martone ; prel scheduling conf set for 3:00 3/16/04 ; All parties are directed to meet at least 21 days before the scheduling conference in accordance with Rule 26(f) Federal Rules of Civil Procedure; parties shall develop and proposed case management plan; counsel shall jointly file their proposed case management plan not less than 5 days before the pretrial conference. The parties and their counsel are all cautioned that the deadlines set in the Rule 16 Scheduling Order shall be strictly enforced; No extensions will be granted due to case processing problems, discovery disputes or settlement negotiations (cc: all counsel) (former emp) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

8

CORPORATE DISCLOSURE STATEMENT by dfts (LSP) (Entered: 12/02/2003)

Nov. 24, 2003

Nov. 24, 2003

9

MINUTE ORDER: IT IS ORDERED amending the order setting Rule 16 scheduling conference to reflect that the conference is set for Friday, March 19, 2004 at 3:00 p.m. (cc: all counsel) [9-2] (KCB) (Entered: 03/08/2004)

March 8, 2004

March 8, 2004

10

CASE MGT PLAN/REPORT: discovery cutoff 10/29/04; dispositive motion deadline 11/30/04; joint pretrial order deadline 2/25/05 (former emp) (Entered: 03/15/2004)

March 12, 2004

March 12, 2004

11

MOTION for admission pro hac vice as to Paul Wagner, atty for dft CP Hotels (US) 1998, dft Fairmont Hotels & Re [11-1] (former emp) (Entered: 03/17/2004)

March 15, 2004

March 15, 2004

Pro Hac Vice $25 Fee Paid as to Paul E Wagner (BAS) (Entered: 03/17/2004)

March 17, 2004

March 17, 2004

12

MINUTE ENTRY before Judge Frederick J. Martone. Crt Rptr: Linda Schroeder-Willis. Appearances: Mary O'Neill for plaintiff; Paul Wagner (telephonically) for defendants. Rule 16 scheduling conference is held; the court enters the following deadlines: discovery ddl set for 10/29/04; dispositive motions due 11/30/04; PTO ddl set for 3/25/05; final pretrial conference set for 3:00 p.m. on 4/1/05; jury trial set for 9:00 a.m. on 4/12/05 (4 days). Upon agreement of the parties and random draw, this matter is referred to Magistrate Judge Virginia A. Mathis for settlement conference. Counsel shall call chambers at (602) 322-7610 to schedule the conference. [cc: FJM, VAM, all counsel] [12-2] (KCB) (Entered: 03/23/2004)

March 19, 2004

March 19, 2004

13

RULE 16 SCHEDULING ORDER by Judge Frederick J. Martone ; discovery due 10/29/04 ; dispositive motions due 11/30/04 ; pretrial order due 3/25/05 ; Pretrial conference set for 3:00 4/1/05 ; jury trial set for 9:00 4/12/05 (cc: all counsel) (former emp) (Entered: 03/24/2004)

March 24, 2004

March 24, 2004

14

ORDER by Judge Frederick J. Martone granting motion for admission pro hac vice as to Paul Wagner, atty for dft CP Hotels (US) 1998, dft Fairmont Hotels & Re [11-1] (cc: all counsel) (former emp) (Entered: 03/24/2004)

March 24, 2004

March 24, 2004

15

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE STATEMENT ORDER by Mag Judge Virginia A. Mathis ; settlement conference set for 9:30 5/5/04 , before Mag Judge Virginia A. Mathis ; at least 5 days before the settlement conference, the parties shall lodge with the Magistrate Judge a settlement conference statement; the settlement conference statement should not be filed with the Clerk of the Court. (cc: all counsel) (former emp) (Entered: 03/31/2004)

March 31, 2004

March 31, 2004

16

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft CP Hotels (US) 1998, dft Fairmont Hotels & Re (former emp) (Entered: 04/07/2004)

April 6, 2004

April 6, 2004

17

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 04/13/2004)

April 12, 2004

April 12, 2004

18

MINUTE ENTRY before Mag Judge Virginia A. Mathis . . ; settlement conference held ; no settlement reached [cc: cnsl-by AS-JA]] [18-2] (former emp) (Entered: 05/11/2004)

May 5, 2004

May 5, 2004

19

NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 05/13/2004)

May 10, 2004

May 10, 2004

20

ORDER by Judge Frederick J. Martone the court has before it the defendants' unopposed motion for extension of discovery deadlines (Motion is not on Court Docket) because of settlement negotiations. Settlement negotiations do not constitute good cause to upset a Rule 16 scheduling order. Accordingly, the defendants' unopposed motion for extension of discovery deadlines is denied. (cc: all counsel) re: order filed [20-1] (LSP) (Entered: 10/05/2004)

Oct. 5, 2004

Oct. 5, 2004

21

NOTICE of service of discovery by pla EEOC . (LSP) (Entered: 10/05/2004)

Oct. 5, 2004

Oct. 5, 2004

22

MOTION (Unopposed) to extend Discovery Deadlines by dfts [22-1] (LSP) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

23

NOTICE of service of discovery by dft CP Hotels (US) 1998, dft Fairmont Hotels & Resorts. (LSP) (Entered: 10/13/2004)

Oct. 12, 2004

Oct. 12, 2004

24

NOTICE by pla EEOC OF TAKING DEPO OF Aaron Walton on the following date(s): 10/27/04 (LSP) (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 2004

25

NOTICE by pla EEOC OF TAKING DEPO OF Jennifer Ward on the following date(s): 10/27/04 (LSP) (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 2004

27

NOTICE of Lodging Consent Decree by pla (SAT) (Entered: 11/01/2004)

Oct. 27, 2004

Oct. 27, 2004

28

ORDER by Judge Frederick J. Martone re: proposed consent decree [27-1] - the court declines to sign the consent decree as proposed. Parties are invited to agree to a proposed decree along the lines suggested in this order and lodge it with the court (cc: all counsel) (CMM) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

29

MOTION for reconsideration of Court's 11/2/04 order by pla EEOC [29-1] (SRB) (Entered: 12/30/2004)

Dec. 29, 2004

Dec. 29, 2004

30

ORDER by Judge Frederick J. Martone denying motion for reconsideration of Court's 11/2/04 order by pla EEOC [29-1] (cc: all counsel) (SRB) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

31

NOTICE of Interlocutory Appeal by EEOC from District Court order [30-1], and order [28-1] (cc: 9CCA/all counsel/judge) (REW) (Entered: 03/08/2005)

March 4, 2005

March 4, 2005

Civil Appeals Docketing Statement forwarded to 9th Circuit re NOTICE of Interlocutory Appeal [31-1] (REW) (Entered: 03/08/2005)

March 8, 2005

March 8, 2005

APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE of Interlocutory Appeal [31-1] (REW) (Entered: 03/08/2005)

March 8, 2005

March 8, 2005

32

Transcript Designation and Ordering Form by pla EEOC re NOTICE of Interlocutory Appeal [31-1]; no transcripts to be ordered (REW) (Entered: 03/10/2005)

March 9, 2005

March 9, 2005

Certificate of Record Transmitted to 9th Circuit NOTICE of Interlocutory Appeal [31-1] (REW) (Entered: 03/10/2005)

March 10, 2005

March 10, 2005

33

MOTION to vacate pretrial deadlines and trial date by pla EEOC [33-1] (REW) (Entered: 03/24/2005)

March 18, 2005

March 18, 2005

Notification by 9th Circuit of Appellate Docket Number 05-15416 re NOTICE of Interlocutory Appeal [31-1] (REW) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

34

MOTION for admission pro hac vice as to Arch Stokes, atty for dft CP Hotels (US) 1998, dft Fairmont Hotels & Re [34-1] (REW) (Entered: 03/24/2005)

March 21, 2005

March 21, 2005

35

MOTION to stay proceedings pending appeal by pla EEOC [35-1] (REW) (Entered: 03/24/2005)

March 21, 2005

March 21, 2005

37

SUPPLEMENTAL MEMORANDUM IN SUPPORT by pla EEOC of motion to vacate pretrial deadlines and trial date by pla EEOC [33-1] (REW) (Entered: 03/28/2005)

March 23, 2005

March 23, 2005

36

ORDER by Judge Frederick J. Martone; counsel for pla shall file with the court by 3/25/05 a supplemental memorandum in support of its motion to vacate pretrial deadlines and trial date by pla EEOC, re: motion [33-1] (cc: all counsel) (REW) (Entered: 03/24/2005)

March 24, 2005

March 24, 2005

Pro Hac Vice $100 Fee Paid as to Arch Y Stokes (BAS) Modified on 04/01/2005 (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

41

Proposed Voir dire submitted by pla EEOC (REW) (Entered: 03/31/2005)

March 25, 2005

March 25, 2005

42

TRIAL BRIEF filed by pla EEOC (REW) (Entered: 03/31/2005)

March 25, 2005

March 25, 2005

43

OBJECTIONS by pla EEOC to dft's proposed verdict form and its proposed verdict form (REW) (Entered: 03/31/2005)

March 25, 2005

March 25, 2005

38

ORDER by Judge Frederick J. Martone granting motion for admission pro hac vice as to Arch Stokes, atty for dft CP Hotels (US) 1998, dft Fairmont Hotels & Re [34-1] (cc: all counsel) (REW) (Entered: 03/28/2005)

March 28, 2005

March 28, 2005

44

Proposed Jury Instructions by dft CP Hotels (US) 1998, dft Fairmont Hotels & Re (REW) (Entered: 03/31/2005)

March 28, 2005

March 28, 2005

45

Proposed Voir dire submitted by dft CP Hotels (US) 1998, dft Fairmont Hotels & Re (REW) (Entered: 03/31/2005)

March 28, 2005

March 28, 2005

46

Proposed Verdict form by dft CP Hotels (US) 1998, dft Fairmont Hotels & Re (REW) (Entered: 03/31/2005)

March 28, 2005

March 28, 2005

47

Proposed Statement of the case to be read to the Jury by dft CP Hotels (US) 1998, dft Fairmont Hotels & Re (REW) (Entered: 03/31/2005)

March 28, 2005

March 28, 2005

48

TRIAL BRIEF filed by dft CP Hotels (US) 1998, dft Fairmont Hotels & Re (REW) (Entered: 03/31/2005)

March 28, 2005

March 28, 2005

JOINT PROPOSED PRE-TRIAL ORDER submitted by all parties (original forwarded to chambers) (REW) (Entered: 03/31/2005)

March 28, 2005

March 28, 2005

39

ORDER by Judge Frederick J. Martone granting motion to vacate pretrial deadlines and trial date by pla EEOC [33-1]; hearing set on the terms of the proposed consent decree on 5/20/05 at 2:00 pm; denying motion to stay proceedings pending appeal by pla EEOC [35-1] ; pretrial conference vacated ; jury trial vacated; hearing set for 2:00 5/20/05 (cc: all counsel/9CCA) (REW) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

49

MINUTE ENTRY before Judge Frederick J. Martone . Crt Rptr: Linda Schroeder-Willis. this is the time set for status hearing re terms of proposed consent decree ; counsel are directed to submit their signed consent decree no later than 6/1/05; if the Court is not in receipt of said decree by that date, the Court will either decide that the original proposal is binding and sign it, or if the Court determines that the dfts have the right to withdraw from the agreement, the Court will issue a new Rule 16 Scheduling Order that setts the case for trial (cc: RW) [49-2] (LAD) (Entered: 05/23/2005)

May 20, 2005

May 20, 2005

50

STATUS REPORT by pla EEOC (SRB) (Entered: 05/23/2005)

May 20, 2005

May 20, 2005

51

CERTIFIED COPY of 9th Circuit Mandate; appellant's unopposed motion to dismiss this appeal granted; appeal dismissed; parties shall bear their own costs and attorneys' fees on appeal, re: 05-15416 [31-1] (cc: all counsel/judge) (REW) (Entered: 05/31/2005)

May 31, 2005

May 31, 2005

52

ORDER by Judge Frederick J. Martone pursuant to the parties stipulation, ORDERED extending the deadline for submission of new consent decree from 6/1/05 to 6/9/05 (stipulation not received in docketing) (cc: all counsel) re: order filed [52-1] (CMM) (Entered: 06/03/2005)

June 3, 2005

June 3, 2005

53

ORDER by Judge Frederick J. Martone gratning Stipulation extending the ddl to submit a new consent decress from 6/9/05 to 6/15/05 (no Stip on the dcoket) (cc: all counsel) re: order filed [53-1] (MAP) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

54

Transcript Designation and Ordering Form by dfts re Status Hearing on 5/20/05 (MAP) (Entered: 06/16/2005)

June 15, 2005

June 15, 2005

55

TRANSCRIPT of Status Hearing by Court Reporter: Linda Schroeder-Willis for the following date(s): 5/20/05 (MAP) (Entered: 06/16/2005)

June 15, 2005

June 15, 2005

56

MOTION for Order for Entry of Consent Decree by pla EEOC, and dfts CP Hotels (US) 1998, Fairmont Hotels & Re [56-1] (KMG) (Entered: 06/22/2005)

June 21, 2005

June 21, 2005

57

CONSENT JUDGMENT by Judge Frederick J. Martone : granting motion for Order for Entry of Consent Decree by pla EEOC, and dfts CP Hotels (US) 1998, Fairmont Hotels & Re [56-1]; terminating case . Judgment is entered in favor of the Commission and against Dfts in the amount of $13,750. Dfts have already paid Ms. Ferrin $10,000 in backpay. See Document [57] for details of the settlement. (cc: all counsel) (LSP) (Entered: 06/23/2005)

June 23, 2005

June 23, 2005

58

TRANSCRIPT DESIGNATION AND ORDER FORM for Status Hearing by Equal Employment Opportunity Commission for proceedings held on 05/20/2005 before Judge Frederick J. Martone. (Lopez, P) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

nan

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 23, 2003

Closing Date: June 23, 2005

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

Fairmont Hotels & Resorts (U.S.), Inc., Private Entity/Person

CP Hotels (U.S.) 1998, Inc., Private Entity/Person

Case Details

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 23750

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits