Case: EEOC v. Lee's Log Cabin

3:05-cv-00507 | U.S. District Court for the Western District of Wisconsin

Filed Date: Aug. 19, 2005

Closed Date: Feb. 10, 2009

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Case Summary

The EEOC filed this suit in August 2005 against Lee's Log Cabin, a Wisconsin restaurant, in the U.S. District Court for the Western District of Wisconsin. The EEOC alleged the restaurant violated the Americans with Disabilities Act by refusing to hire the complainant because she had HIV. In June 2006 the defendant's motion for summary judgment was granted. E.E.O.C. v. Lee's Log Cabin, Inc., 436 F.Supp.2d 992 (W.D.Wis.,2006). In its initial complaint the EEOC had alleged that the complainant's d…

In June 2006 the defendant's motion for summary judgment was granted. E.E.O.C. v. Lee's Log Cabin, Inc., 436 F.Supp.2d 992 (W.D.Wis.,2006). In its initial complaint the EEOC had alleged that the complainant's disability was her HIV+ status, but the evidence it introduced later, in support of its claim that the complainant was disabled under the ADA definition, all pertained to the impairments brought on by having AIDS, as opposed to merely being HIV+. The court held that being HIV+ and having AIDS were substantially different, and that the EEOC had therefore failed to introduce evidence that HIV itself limited a major life activity, as required by the ADA. Id. at 996. Further, the court ruled that to allow the EEOC to argue that the complainant's disability was AIDS instead of HIV would be a "gross departure from what it alleged in the initial stages of this lawsuit" and that the EEOC "cannot amend its pleading to allege an entirely new cause of action when trial is only one month away." Id. at 995.

After the district court entered the final order, the plaintiff appealed to the Seventh Circuit on August 24, 2006. In a slip opinion issued on October 6, 2008, the Circuit Court affirmed the lower court's opinion. The plaintiff filed a motion for reconsideration, but on February 10, 2009, the Seventh Circuit denied the motion for reconsideration.

This case appears closed.

Summary Authors

Jason Chester (7/26/2007)

Madilynn O'Hara (10/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12155865/parties/equal-employment-opportunity-commission-v-lees-log-cabin-incorporated/

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorney for Plaintiff

BRUNER, PAULA R. (Wisconsin)

Attorney for Defendant

Moore, Terry L. (Wisconsin)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorney for Plaintiff

BRUNER, PAULA R. (Wisconsin)

Attorney for Defendant

Moore, Terry L. (Wisconsin)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:05-cv-00507	Docket (PACER)	March 1, 2007	March 1, 2007 Docket
06-03278	Docket (PACER) [Court of Appeals] U.S. Court of Appeals for the Seventh Circuit	April 4, 2007	April 4, 2007 Docket
39 3:05-cv-00507	Opinion	June 26, 2006	June 26, 2006 Order/Opinion 436 F.Supp.2d 992

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12155865/equal-employment-opportunity-commission-v-lees-log-cabin-incorporated/

Last updated March 24, 2026, 5:09 a.m.

ECF Number	Date	Description	Link
1	Aug. 19, 2005	JS-44 (Entered: 08/19/2005)	RECAP
2	Aug. 19, 2005	COMPLAINT (Entered: 08/19/2005)	RECAP
	Aug. 19, 2005	Jams Import Utility Entry
	Aug. 19, 2005	NORTC
3	Oct. 12, 2005	ANSWER (Entered: 10/12/2005)	RECAP
4	Oct. 12, 2005	DISCLOSURE OF CORP. AFFIL. & FINAN. INT. BY DEFT. (Entered: 10/12/2005)	RECAP
5	Oct. 25, 2005	JOINT PPTC REPORT. (Entered: 10/25/2005)	RECAP
6	Nov. 10, 2005	PTC ORDER ; AMENDMENTS TO PLDGS. DUE 12/19/05; DISP. MOTS. DUE 3/24/06. (SLC) (Entered: 11/10/2005)	RECAP
7	March 13, 2006	DEFT. NOTICE OF EXPERT WITNESSES. (Entered: 03/13/2006)	RECAP
8	March 22, 2006	MOTION FOR SUMMARY JUDGMENT BY DEFT. (Entered: 03/22/2006)	RECAP
9	March 22, 2006	BRIEF IN SUPPORT OF DEFT. MOTION FOR SUMMARY JUDGMENT. (Entered: 03/22/2006)	RECAP
10	March 22, 2006	PROPOSED FINDINGS/CONCL. BY DEFT. (Entered: 03/22/2006)	RECAP
11	March 22, 2006	AFFIDAVIT OF PATRICA SWEMKE. (Entered: 03/22/2006)	RECAP
12	March 22, 2006	AFFIDAVIT OF CURTIS ZASTROW. (Entered: 03/22/2006)	RECAP
13	March 22, 2006	AFFIDAVIT OF DEAN LEE. (Entered: 03/22/2006)	RECAP
14	April 20, 2006	BRIEF IN REPLY IN SUPPORT OF DEFT. MOTION FOR S/J. (SEE ORDER #22 STRIKING REPLY BRIEF) (Entered: 04/21/2006)	RECAP
15	April 25, 2006	MOTION BY PLTF. TO STRIKE DEFT. S/J MOTION. (Entered: 04/25/2006)	RECAP
16	April 25, 2006	BRIEF IN SUPPORT OF PLTF. MOTION TO STRIKE DEFT. SUMMARY JUDGMENT MOTION. (Entered: 04/25/2006)	RECAP
17	April 25, 2006	AFFIDAVIT OF ROBERT F. TOMLINSON. (Entered: 04/25/2006)	RECAP
18	May 2, 2006	BRIEF IN OPPOSITION BY DEFT. TO PLTF. MOTION TO STRIKE DEFT. S/J MOTION. (Entered: 05/02/2006)	RECAP
19	May 2, 2006	AFFIDAVIT OF TERRY L. MOORE. (Entered: 05/02/2006)	RECAP
20	May 2, 2006	AFFIDAVIT OF NICOLE R. PIERCE. (Entered: 05/02/2006)	RECAP
21	May 8, 2006	BRIEF IN REPLY IN SUPPORT OF PLTF. MOTION TO STRIKE DEFT. S/J MOTION. (Entered: 05/08/2006)	RECAP
22	May 9, 2006	ORDER DENYING PLTF. MOT/STRIKE DEFT. MOT. FOR S/J; PLTF. OPP. 5/30/06; DEFT. REPLY 6/9/06; STRIKING DEFT. 4/20/06 REPLY. (Entered: 05/09/2006)	RECAP
23	May 23, 2006	MOTION (STIPULATED) TO EXTEND S/J BRIEFING SCHEDULE. (Entered: 05/23/2006)	RECAP
24	May 24, 2006	ORDER GRANTING STIPULATED MOTION TO EXTEND S/J BRIEFING; PLTF. OPPO. DUE 6/6/06; DEFT. REPLY DUE 6/16/06. (SLC) (Entered: 05/24/2006)	RECAP
25	June 9, 2006	BRIEF IN OPPOSITION BY PLTF. TO DEFT. MOTION FOR S/J. (Entered: 06/09/2006)	RECAP
26	June 9, 2006	RESPONSE TO PROPOSED S/J FINDINGS/CONCL. BY PLTF. (Entered: 06/09/2006)	RECAP
27	June 9, 2006	PROPOSED FINDINGS/CONCL. BY PLTF. (Entered: 06/09/2006)	RECAP
28	June 9, 2006	AFFIDAVIT OF KORRIN KRAUSE STEWART. (Entered: 06/09/2006)	RECAP
29	June 9, 2006	AFFIDAVIT OF EDWARD H. GROSHAN, JR. (Entered: 06/09/2006)	RECAP
30	June 9, 2006	AFFIDAVIT OF MONICA LOSER. (Entered: 06/09/2006)	RECAP
31	June 9, 2006	AFFIDAVIT OF ROBERT F. TOMLINSON. (Entered: 06/09/2006)	RECAP
32	June 16, 2006	BRIEF IN REPLY IN SUPPORT OF DEFT. MOTION FOR S/J. (Entered: 06/16/2006)	RECAP
33	June 16, 2006	RESPONSE TO PROPOSED S/J FINDINGS/CONCL. BY DEFT. (Entered: 06/16/2006)	RECAP
34	June 16, 2006	REPLY TO PROPOSED S/J FINDINGS/CONCL. BY DEFT. (Entered: 06/16/2006)	RECAP
35	June 16, 2006	AFFIDAVIT OF TERRY L. MOORE. (Entered: 06/16/2006)	RECAP
36	June 23, 2006	DEFT. RULE 26 DISCLOSURES. (Entered: 06/23/2006)	RECAP
37	June 23, 2006	MOTION BY PLTF. TO FILE SURREPLY BRIEF IN OPPOSITION TO DEFT. MOTION FOR S/J INSTANTER. (Entered: 06/23/2006)	RECAP
38	June 23, 2006	BRIEF IN SURREPLY BY PLTF. IN OPPOSITION TO DEFT. MOTION FOR S/J. (Entered: 06/23/2006)	RECAP
39	June 26, 2006	ORDER GRANTING DEFT. MOTION FOR SUMMARY JUDGMENT. (Entered: 06/26/2006)	Clearinghouse
40	June 26, 2006	JUDGMENT ENTERED. (TMO) CC MLD. (Entered: 06/26/2006)	RECAP
41	Aug. 24, 2006	NOTICE OF APPEAL BY PLTF. NO FEE PAID, NO DS FILED, SR SENT CC:PARTIES (06-3278) (Entered: 08/24/2006)	RECAP
	Sept. 11, 2006	RECORD PREPARED
	Sept. 12, 2006	REC'V LETTER FROM ATTY BRUNER STATING HE REPS EEOC ON APPEAL.
	March 1, 2007	RECORD SENT
	March 1, 2007	Certified and Transmitted Record on Appeal to US Court of Appeals re 41 Notice of Appeal
42	Feb. 3, 2009	ORDER from USCA as to 41 Notice of Appeal.The slip opinion issued on 10/6/08 is amended to add the following language at the end of footnote 4 on page 12: "We caution that nothing in this opinion should be read to suggest that the EEOC's complaint failed to state a claim; we hold only that the district court was within its discretion to refuse to permit a change in the claim under the procedural circumstances of this case." Appellant EEOC Petition for Rehearing and Petition for Rehearing Enbanc is denied. (elc) (Entered: 02/03/2009)	RECAP
43	Feb. 10, 2009	JUDGMENT from USCA affirming district court with costs as to 41 Notice of Appeal. Record not returned. (Attachments: # 1 USCA Opinion, # 2 USCA Bill of Costs, # 3 Mandate) (elc) (Entered: 02/10/2009)	RECAP
	Feb. 11, 2009	Appeal Record Returned. (elc)

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Case Details

State / Territory:

Wisconsin

Case Type(s):

Equal Employment

Disability Rights

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 19, 2005

Closing Date: Feb. 10, 2009

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

Private Entity/Person

Lee's Log Cabin, Inc.

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

Western District of Wisconsin 3:05-cv-00507

U.S. Court of Appeals for the Seventh Circuit 06-03278

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Hiring

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. Lee's Log Cabin, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/8306/ (last updated 10/25/2025).