Case: EEOC v. Kentucky Conventional hotel Partners (d/b/a Louisville Marriott Downtown)

3:06-cv-00353 | U.S. District Court for the Western District of Kentucky

Filed Date: July 24, 2006

Closed Date: July 21, 2011

Clearinghouse coding complete

Case Summary

The Louisville Area Office of the EEOC brought this suit against Kentucky Convention Hotel Partners, LLC (doing business as Louisville Marriott Downtown) and White Lodging Services Corp. in the U.S. District Court for the Western District of Kentucky in July 2006. The complaint alleged religious discrimination in violation of Title VII of the Civil Rights Act of 1964. Four female, Muslim employees were allegedly denied employment at the Louisville Marriott Downtown when they refused to take off…

The Louisville Area Office of the EEOC brought this suit against Kentucky Convention Hotel Partners, LLC (doing business as Louisville Marriott Downtown) and White Lodging Services Corp. in the U.S. District Court for the Western District of Kentucky in July 2006. The complaint alleged religious discrimination in violation of Title VII of the Civil Rights Act of 1964. Four female, Muslim employees were allegedly denied employment at the Louisville Marriott Downtown when they refused to take off their hijabs at the request of White Lodging Services Corp. In May 2007 Kentucky Convention Hotel Partners was granted its motion to dismiss. Judge Charles R. Simpson, III said that the plaintiffs had shown the court no evidence that KCHP had any control in hiring or management decisions. The case against White Lodging Services Corp. continued.

White Lodging moved for summary judgment on January 5, 2009, but the court denied its motion on March 31, 2010. Judge Simpson rejected White Lodging’s argument that its contract with a third-party housekeeping service insulated it from liability, and found that the complainants had stated a prima facie case of religious accommodation discrimination.

The parties jointly proposed a consent decree in June, and Judge Simpson signed the consent decree on July 2010. In the decree, White Lodging denied wrongdoing, but agreed to not discriminate or harass employees on the basis of their religion, or retaliate against any employees who filed or aided in the investigation of a Title VII complaint. It also agreed to pay each complainant $10,000, for a total payment of $40,000. White Lodging agreed to submit two semi-annual reports and provide training to all of its employees at the Louisville location.

The consent decree lasted for 12 months, and the matter appears to have closed in 2011.

Summary Authors

Kevin Wilemon (5/27/2008)

Alexandra Gilewicz (3/25/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4724231/parties/equal-employment-opportunity-commission-v-kentucky-convention-hotel/


Judge(s)
Attorney for Plaintiff

Brown, Kenneth W. (Kentucky)

Eisele, Michelle (Indiana)

Attorney for Defendant

Calabrese, Jeffrey (Kentucky)

Hovious, R. Gregg (Kentucky)

Norris, Kevin M. (Kentucky)

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Documents in the Clearinghouse

Document

3:06-cv-00353

Docket (PACER)

EEOC v. Kentucky Convention Hotel Partners

July 21, 2010

July 21, 2010

Docket
1

3:06-cv-00353

Complaint

EEOC v. Kentucky Convention Hotel Partners

July 24, 2006

July 24, 2006

Complaint
20

3:06-cv-00353

Memorandum Opinion [Regarding Defendant Kentucky Convention Hotel Partners' Motion to Dismiss]

EEOC v. Kentucky Convention Hotel Partners

May 21, 2007

May 21, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4724231/equal-employment-opportunity-commission-v-kentucky-convention-hotel/

Last updated Feb. 8, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Kentucky Convention Hotel Partners, LLC, White Lodging Services Corp., filed by Equal Employment Opportunity Commission. Filing Fee waived. (Attachments: # 1 Cover Sheet)(TLB) (Entered: 07/25/2006)

July 24, 2006

July 24, 2006

2

Case Assignment (Random Selection): Case Assigned to Charles R. Simpson III. Magistrate designation: Dave Whalin. (TLB) (Entered: 07/25/2006)

July 24, 2006

July 24, 2006

Summons Issued as to Kentucky Convention Hotel Partners, LLC, White Lodging Services Corp.. (TLB) (Entered: 07/25/2006)

July 24, 2006

July 24, 2006

3

SUMMONS Returned Executed as to Kentucky Convention Hotel Partners, LLC served on 7/26/2006, answer due 8/15/2006; White Lodging Services Corp. served on 7/26/2006, answer due 8/15/2006. (TLB) (Entered: 07/28/2006)

July 26, 2006

July 26, 2006

4

ANSWER to Complaint by White Lodging Services Corp..(Williams, Thomas) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

5

MOTION to Dismiss by Kentucky Convention Hotel Partners, LLC. Responses due by 10/3/2006 (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Exhibit A Poe Affidavit# 4 Exhibit B Stessens Statement# 5 Exhibit C Payne Statement# 6 Exhibit D Management Agreement)(Hovious, R.) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

6

MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss by Equal Employment Opportunity Commission. Responses due by 10/2/2006 (Attachments: # 1 Proposed Order)(Brown, Kenneth) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

7

ORDER by Dave Whalin on 9/26/06; granting 6 Motion for Extension of Time to File Response to Motion 5 . Extension granted until 10/24/06. cc:Counsel(JBM) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

8

RESPONSE to Motion re 6 MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss, 5 MOTION to Dismiss Response to Motion to Dismiss by Equal Employment Opportunity Commission. Replies due by 11/7/2006. (Attachments: # 1 Exhibit EEOC Information Sheet# 2 Exhibit Affidavit of Rasool# 3 Exhibit Interview with Mesa# 4 Exhibit Interview with Stessens# 5 Exhibit EEOC Questionnaire# 6 Exhibit Mahdi Charge of Discrimination# 7 Exhibit Muya Charge of Discrimination# 8 Exhibit Fayi Charge of Discrimination# 9 Exhibit Issa Charge of Discrimination# 10 Exhibit Myer Letter dtd June 29, 2005# 11 Exhibit Position Statement by Myer)(Brown, Kenneth) Additional attachment(s) added on 11/1/2006:

Oct. 24, 2006

Oct. 24, 2006

10

MOTION for Extension of Time to File Response/Reply as to 8 Response to Motion,,, by Kentucky Convention Hotel Partners, LLC. Responses due by 11/15/2006 (Attachments: # 1 Proposed Order)(Norris, Kevin) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

11

Proposed Agreed Order/Stipulation Protective Order . by Equal Employment Opportunity Commission, Kentucky Convention Hotel Partners, LLC, White Lodging Services Corp.. (Norris, Kevin) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

12

AGREED PROTECTIVE ORDER by Magistrate Judge Dave Whalin on 11/13/2006;cc:Counsel(RLK) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

13

ORDER by Magistrate Judge Dave Whalin on 11/13/2006; granting 10 Motion for Extension of Time to File Response. Louisville Marriott Downtown shall have until 11/13/2006 to file its Reply in support of its motion to dismiss. cc:Counsel(RLK) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

14

REPLY to Response to Motion re 5 MOTION to Dismiss by Kentucky Convention Hotel Partners, LLC. (Attachments: # 1 Exhibit A − Poe Affidavit# 2 Exhibit B − Myer Affidavit)(Hovious, R.) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

16

NOTICE of Appearance/Substitution by Jeffrey Calabrese on behalf of White Lodging Services Corp. (Calabrese, Jeffrey) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

17

MOTION to Withdraw as Attorney Kevin M. Norris by Kentucky Convention Hotel Partners, LLC. Responses due by 3/5/2007 (Attachments: # 1 Proposed Order)(Norris, Kevin) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

18

ORDER by Judge Charles R. Simpson III on 2/22/07 granting 17 Motion to Withdraw as Attorney by Kevin Norris. cc:Counsel(NMB) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

19

MOTION to Notice of Sealed Document by Kentucky Convention Hotel Partners, LLC. Responses due by 5/29/2007 (Hovious, R.) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

20

MEMORANDUM AND OPINION by Judge Charles R. Simpson III on 5/21/07 re 5 MOTION to Dismiss filed by Kentucky Convention Hotel Partners, LLC. Court will enter separate Order in accordance with this opinion.cc:Counsel(NMB)

May 22, 2007

May 22, 2007

RECAP
21

NOTICE OF DOCKET CORRECTION re: Order on Motion to Dismiss. No document attached to entry; document attached to this entry. (NMB) (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

22

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

23

ORDER by Judge Charles R. Simpson III (eboc) on 8/14/07 Referring Case to Magistrate Judge Dave Whalin. Scheduling Conference set for 9/12/2007 at 11:30 AM in Chambers before Magistrate Judge Whalin. Parties to comply with remainder of Order as set forth.cc:Counsel(NMB) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

24

ORDER by USMJ Dave Whalin (eboc) on 8/21/07: Scheduling Conference previously set for 9/12/07 is moved to 10/3/2007 at 2:30 PM.cc:Counsel (NMB) (Entered: 08/22/2007)

Aug. 22, 2007

Aug. 22, 2007

25

Plaintiff's Scheduling Conference Statement CONFERENCE STATEMENT re 24 Order, 23 Order Referring Case to Magistrate Judge, Schedules,, by Equal Employment Opportunity Commission. (Brown, Kenneth) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

Proceedings held before Magistrate Judge Dave Whalin : Scheduling Conference held on 10/3/2007. (NM) (Entered: 10/09/2007)

Oct. 3, 2007

Oct. 3, 2007

27

ORDER by Magistrate Judge Dave Whalin on 10/5/07. Scheduling Conference held 10/3/07. Amended Pleadings due by 12/1/2007. Discovery due by 7/1/2008. Dispositive Motions due by 9/1/2008. Expert Witness (Defendant) due by 1/2/2008. Expert Witness (Plaintiff) due by 12/1/2007. Joinder of Parties due by 12/1/2007. Telephonic Status Conference set for 12/5/2007 at 10:15 AM. cc:Counsel (NM) (Entered: 10/09/2007)

Oct. 9, 2007

Oct. 9, 2007

28

Order for proceedings held before Magistrate Judge Dave Whalin: Telephonic Status Conference held on 12/5/2007. Further Telephonic Status Conference set for 1/30/2008 at 11:30 AM. cc: counsel (NM) (Entered: 12/11/2007)

Dec. 5, 2007

Dec. 5, 2007

29

Order (eboc) for proceedings held before Magistrate Judge Dave Whalin: Telephonic Status Conference held on 1/30/2008. Further Telephonic Status Conference set for 3/26/2008 at 09:45 AM. cc: counsel (NM) (Entered: 01/31/2008)

Jan. 30, 2008

Jan. 30, 2008

30

Order (eboc) for proceedings held before Magistrate Judge Dave Whalin: Telephonic Status Conference held on 3/26/2008. Further Telephonic Status Conference set for 4/16/2008 at 10:15 AM. cc: counsel (NM) (Entered: 03/27/2008)

March 26, 2008

March 26, 2008

31

Order (eboc) for proceedings held before Magistrate Judge Dave Whalin: Telephonic Status Conference was held on 4/16/2008. Discovery due by 8/1/2008. Dispositive Motions due by 9/1/2008. Further Telephonic Status Conference was set for 7/23/2008 at 09:30 AM before Magistrate Judge Dave Whalin. cc: Counsel (RLK) (Entered: 04/18/2008)

April 18, 2008

April 18, 2008

32

NOTICE to Take Deposition of Fatuma Mahdi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

33

NOTICE to Take Deposition of Hawa Issa by White Lodging Services Corp.. (Williams, Thomas) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

34

NOTICE to Take Deposition of Sangabo A. Fayi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

35

NOTICE to Take Deposition of Hawa Issa by White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

36

NOTICE to Take Deposition of Fatuma Mahdi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

37

NOTICE to Take Deposition of Sangabo A. Fayi by White Lodging Services Corp.. (Williams, Thomas) (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

38

Order (eboc) for proceedings held before Magistrate Judge Dave Whalin signed on 8/6/08: Telephonic Status Conference held on 7/23/2008. Discovery due by 10/1/2008. Dispositive Motions due by 11/1/2008. Further Telephonic Status Conference set for 9/25/2008 at 09:30 AM cc:counsel (NM) (Entered: 08/08/2008)

July 23, 2008

July 23, 2008

39

NOTICE to Take Deposition of Nurta Muya by White Lodging Services Corp.. (Williams, Thomas) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

40

NOTICE to Take Deposition of Nurta Muya (Amended) by White Lodging Services Corp.. (Williams, Thomas) (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

41

Order (eboc) for proceedings held before Magistrate Judge Dave Whalin: Telephonic Status Conference held on 9/25/2008. Discovery due by 11/15/2008. Dispositive Motions due by 12/25/2008. cc:counsel (NM) (Entered: 10/07/2008)

Sept. 25, 2008

Sept. 25, 2008

42

NOTICE to Take Deposition of Veronica Stessons by White Lodging Services Corp.. (Williams, Thomas) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

43

NOTICE TO TAKE DEPOSITION of Veronica Stessenson November 10, 2008 by White Lodging Services Corp.. (Williams, Thomas) Modified on 11/7/2008: changed

Nov. 3, 2008

Nov. 3, 2008

45

AGREED ORDER by Magistrate Judge Dave Whalin on 12/24/08: Dispositive Motions due by 1/5/2009.cc:counsel (NM) (Entered: 12/24/2008)

Dec. 24, 2008

Dec. 24, 2008

46

MOTION for Summary Judgment by Defendant White Lodging Services Corp. Responses due by 1/23/2009 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A−part 1−depo of Pascall, # 3 Exhibit A−part 2−depo of Pascall, # 4 Exhibit A−part 3−depo of Pascall, # 5 Exhibit A−part 4−depo of Pascall, # 6 Exhibit B−part 1 Depo of Payne, # 7 Exhibit B−part 2 Depo of Payne, # 8 Exhibit B−part 3 Depo of Payne, # 9 Exhibit B−part 4 Depo of Payne, # 10 Exhibit C−Agreement, # 11 Exhibit D−Depo of Stessens, # 12 Exhibit E−Employee Handbook, # 13 Exhibit F−Depo of Saidi, # 14 Exhibit G−Depo of Issa, # 15 Exhibit H−Depo of Mahdi, # 16 Exhibit I−EEOC Info Sheet, # 17 Affidavit of Chuck Lamotte, # 18 Proposed Order) (Williams, Thomas) (Additional attachment(s) added on 1/9/2009: # 19 Exhibit I) (TLB). (Entered: 01/05/2009)

Jan. 5, 2009

Jan. 5, 2009

47

MOTION to Strike 46 MOTION for Summary Judgment by Defendant White Lodging Services Corp. Responses due by 1/26/2009 (Attachments: # 1 Exhibit I−Redacted Version of EEOC Info Sheet, # 2 Proposed Order) (Williams, Thomas) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

48

ORDER by Judge Charles R. Simpson, III on 1/7/2009 granting 47 motion to strike and substitute Exhibit I re 46 MOTION for Summary Judgment. cc:counsel (TLB) (Entered: 01/09/2009)

Jan. 9, 2009

Jan. 9, 2009

49

Joint MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment by Plaintiff Equal Employment Opportunity Commission Responses due by 2/2/2009 (Attachments: # 1 Proposed Order For Enlargement of Time) (Brown, Kenneth) Modified on 1/22/2009: noted joint (NM). (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

50

AGREED ORDER signed by Judge Charles R. Simpson, III on 1/22/2009, GRANTING 49 Joint Motion for Extension of Time to File Response. Plaintiff's response to 46 Defendant's Motion for Summary Judgment is due by 2/6/2009. cc: Counsel (RLK) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

51

RESPONSE to Motion re 46 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. Replies due by 2/20/2009. (Attachments: # 1 Plt Points and Authorities, # 2 Plt's List of Exhibits, # 3 Proposed Order, # 4 Exhibit No. 1, # 5 Exhibit No. 2, # 6 Exhibit, # 7 Exhibit 4 part 1, # 8 Exhibit 4 part 2, # 9 Exhibit No. 5, # 10 Exhibit No 6, # 11 Exhibit No 7 part 1, # 12 Exhibit No. 7 part 2, # 13 Exhibit No. 8, # 14 Exhibit No. 9, # 15 Exhibit No 10, # 16 Exhibit No. 11, # 17 Exhibit No. 12, # 18 Exhibit No. 13, # 19 Exhibit No. 14, # 20 Exhibit No. 15) (Brown, Kenneth) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

52

Proposed Agreed Order/Stipulation by White Lodging Services Corp.. (Williams, Thomas) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

53

AGREED ORDER by Judge Charles R. Simpson, III on 2/19/2009; 46 MOTION for Summary Judgment : Replies due by 3/13/2009.cc:counsel (TLB) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

54

REPLY re 46 MOTION for Summary Judgment filed by White Lodging Services Corp. (Williams, Thomas) Modified on 3/13/09: removed link to Response (NM). (Entered: 03/12/2009)

March 12, 2009

March 12, 2009

55

MOTION for Leave to File Surreply filed by Equal Employment Opportunity Commission. Responses due by 4/18/09. (Attachments: # 1 Tendered Sur−Reply, # 2 Proposed Order, # 3 Affidavit Veronica Stessens) (Brown, Kenneth) Modified on 4/2/2009: changed from response to motion , to motion; correct description of attachment (NM). (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

57

MEMORANDUM OPINION AND ORDER signed by Judge Charles R. Simpson, III on 3/31/2010. For the reasons set forth, 55 Plaintiff's Motion for Leave to file a surreply is GRANTED, and 46 Defendant's Motion for Summary Judgment is DENIED. cc: Counsel (RLK)

March 31, 2010

March 31, 2010

RECAP
58

Joint MOTION for Hearing and settlement conference by Plaintiff Equal Employment Opportunity Commission, and Defendant White Lodging Services Corp. Responses due by 5/20/2010. (Attachments: # 1 Proposed Order) (Brown, Kenneth) Modified on 4/27/2010: added party filer (RLK). (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

59

ORDER FOR SETTLEMENT CONFERENCE signed by Magistrate Judge Dave Whalin on 4/29/2010. Settlement Conference is set for 6/25/2010 at 09:00 AM before Magistrate Judge Dave Whalin. Parties to submit a CONFIDENTIAL settlement statement to the Magistrate Judge, by mail, at least seven (7) days prior to the Conference. Parties to comply with remainder of Order as set forth.cc: Counsel (RLK) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

60

ORDER signed by Magistrate Judge Dave Whalin on 6/21/2010. Counsel has advised that all claims have been resolved. Settlement Conference set for 6/25/2010 is REMANDED. Parties to execute a detailed settlement agreement and release of all claims within twenty (20) days of the date of this Order. Magistrate Judge recommends action be dismissed as settled, with prejudice, with leave to reinstate within thirty (30) days should parties fail to fulfill the terms of the settlement agreement.cc: Counsel (RLK) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

61

Joint MOTION to Submit Consent Decree by Plaintiff Equal Employment Opportunity Commission, and Defendant White Lodging Services Corp. (Attachments: # 1 Proposed Consent Decree). Responses due by 7/22/2010. (Brown, Kenneth) Modified on 6/29/2010: changed from a Settlement Statement to a Motion, set Response date, and added party filer (RLK). (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

62

CONSENT DECREE signed by Judge Charles R. Simpson, III on 7/14/2010. This is a final and appealable Order. cc: Counsel (RLK) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

Case Details

State / Territory: Kentucky

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: July 24, 2006

Closing Date: July 21, 2011

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

White Lodging Services Corp. (Louisville, KY), Private Entity/Person

Kentucky Convention Hotel Partners, LLC (Louisville, KY), 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:

None yet

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 40,000

Order Duration: 2010 - 2011

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Training

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Hiring

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits