The Los Angeles district office of the EEOC filed this case in August 2006 in the U.S. District Court for the District of Hawaii against NCL America, Inc., a major international cruise line, and three of its affiliated corporate entities. The complaint alleged that NCL had discharged the charging ...
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The Los Angeles district office of the EEOC filed this case in August 2006 in the U.S. District Court for the District of Hawaii against NCL America, Inc., a major international cruise line, and three of its affiliated corporate entities. The complaint alleged that NCL had discharged the charging parties because of their Middle Eastern origin and their Muslim religion, in violation of Title VII of the Civil Rights Act of 1964. In November 2006, the charging parties intervened in the suit, adding claims for discrimination and emotional distress under Hawaii state law, as well as 42 U.S.C. ß 1981. In January 2007, the defendants filed motions to dismiss the EEOC and the plaintiff-intervenors' complaints, but these motions were denied in August 2007. In August 2007, the intervenors filed a motion to consolidate this case with a private lawsuit one of them had filed against the defendant (1:07-cv-00372-SOM-BMK). This motion was granted in September 2007, and the EEOC case became the lead case.
In November 2007, the EEOC filed a motion for partial summary judgment against the defendants, which was eventually denied in February 2008. That same November, the defendants filed a flurry of summary judgment motions, four in total. These were responded too with one counter-motion for summary judgment by one of the intervenors in January 2008, two counter-motions for partial summary judgment by the EEOC in January 2008, and a counter-motion for summary judgment by the EEOC in January 2008. In February 2008 the court ruled on all the pending motions for summary judgment, denying all of them except for granting summary judgment to one of the defendants, NCL Corporation Ltd., and granting in part and denying in part the motions filed by another defendant, NCL America, Inc. That same February, the parties agreed by stipulation to dismiss the claims against another defendant, Norwegian Cruise Line Ltd. The final defendant, NCL (Bahamas) Ltd., filed a motion for summary judgment in February 2008.
In March 2008, it was announced that the remaining parties in the lawsuit had settled and that a consent decree between the plaintiffs and the remaining defendants would be forthcoming. At the same time, NCL (Bahamas) Ltd.'s motion for summary judgment was terminated, having been mooted by the settlement proceedings. On April 15, 2008, a status conference was held regarding the possibility of dismissing the case, but as of April 22, 2008 the case is still ongoing and the consent decree had not yet been filed.Kevin Wilemon - 08/07/2008