Case: EEOC v. Aztec Inn Properties LLC (d/b/a Clarion Hotel - Randolph Park)

4:02-cv-00324 | U.S. District Court for the District of Arizona

Filed Date: June 28, 2002

Closed Date: 2006

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Case Summary

On June 28, 2002, the Phoenix office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Aztec Inn Properties LLC and HSL Properties Financial Corporation in the U.S. District Court for the District of Arizona. The EEOC alleged that the defendants had violated the rights of five of their hotel's housekeeping staff members by discriminating against them on the basis of their intellectual disability and/or Down's Syndrome. Specifically, they alleged that the d…

On November 20, 2002, the defendants filed a third party complaint and asked the court to add Community Psychology Education Services, Ltd. (CPES) as a third-party defendant to the case. On February 20, 2003, CPES filed a motion for summary judgment on the third-party complaint that had been filed against them. On December 4, 2003, the district court granted CPES's motion for summary judgment and dismissed them from the case. This dismissal was appealed to the U.S. Court of Appeals for the Ninth Circuit by the other defendants on May 12, 2004.

Meanwhile, on April 3, 2003, the remaining defendants filed for summary judgment, but their request was denied by the court on May 19, 2003. After several failed settlement conferences, the defendants filed a motion for sanctions for violation of statutory conciliation mandates.

With these motions were pending, the parties reached a settlement and filed a consent decree with the district court on August 27, 2004. As part of the settlement, the third-party defendants agreed to drop their complaint against CPES. The district court adopted the consent decree on September 1, 2004, and the Ninth Circuit dismissed the appeal on October 4, 2004. Under the terms of the decree, the defendants agreed to pay the complainants $50,000.00 in compensatory damages, to be deposited into trust accounts for their usage, and $13,500.00 in attorneys' fees. They also agreed to expunge the employment records of the complainants of any mention of this lawsuit, to offer them the opportunity to be reinstated in their jobs, and to provide reasonable accommodations for their disabilities. The decree also enjoined the defendants from discriminating against any employee on the basis of a disability or retaliating against any employee who complaints of discrimination. They agreed to develop an anti-discrimination policy, and to enter into a contract with a service-provider that would utilize a crew of persons with developmental disabilities as housekeeping staff workers. They agreed to post and distribute notice of their anti-discrimination policy to all employees, and to hold annual 90-minute training sessions in disability law and the rights of disabled persons in the workplace, to be attended by all crew members and supervisory staff. The defendants were required to file bi-annual reports with the EEOC regarding their compliance with the terms of the consent decree. The defendants agreed to keep a written record of all employees who attend the training sessions, and the defendants were to keep that record for the duration of the consent decree. The EEOC and the ACDL were to be allowed to send representatives to the crew member anti-discrimination training sessions. The EEOC was also to have the right to enter the defendants' premises without notice to see whether they complied with the requirement that they post a notice of anti-discrimination laws in a prominent place in the workplace.

Summary Authors

Justin Kanter (3/17/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/36662419/parties/eeoc-v-aztec-inn-properties/

Judge(s)

Collins, Raner Christercunean (Arizona)

Attorney for Plaintiff

O'Neill, Mary Jo (Arizona)

Attorney for Defendant

Dacey, John R. (Arizona)

Jutila, Sharon M. (Arizona)

Expert/Monitor/Master/Other

Daley-Rooney, Rose Ann (Arizona)

Judge(s)

Collins, Raner Christercunean (Arizona)

Pyle, Charles R. (Arizona)

Attorney for Plaintiff

O'Neill, Mary Jo (Arizona)

Reams, Gwendolyn Young (District of Columbia)

Shanley, Sally C. (Arizona)

Smith, C. Emanuel (Arizona)

Attorney for Defendant

Dacey, John R. (Arizona)

Jutila, Sharon M. (Arizona)

Selden, David A. (Arizona)

Other

Daley-Rooney, Rose Ann (Arizona)

Rico, Jose De Jesus (Arizona)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

04-16080	Docket [U.S.C.A 9th Circuit] EEOC v. Aztec Inn Properties, et al U.S. Court of Appeals for the Ninth Circuit	Oct. 4, 2004	Oct. 4, 2004 Docket
4:02-cv-00324	Docket (PACER) EEOC v. Aztec Inn Properties	Oct. 7, 2004	Oct. 7, 2004 Docket
2 4:02-cv-00324	First Amended Complaint and Jury Trial Demand EEOC v. Aztec Inn Properties, LLC.	July 29, 2002	July 29, 2002 Complaint
4:02-cv-00324	Consent Decree EEOC v. Aztec Inn Properties, LLC	Sept. 1, 2004	Sept. 1, 2004 Settlement Agreement

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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/36662419/eeoc-v-aztec-inn-properties/

Last updated March 26, 2026, 4:33 a.m.

ECF Number	Date	Description	Link
1	June 28, 2002	COMPLAINT FILED (REC) (Entered: 07/02/2002)	RECAP
2	July 29, 2002	FIRST AMENDED COMPLAINT by pla EEOC ;; jury demand [1-1] ; (KDT) (Entered: 07/30/2002)	Clearinghouse
3	Sept. 9, 2002	MOTION to intervene as pla by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia [3-1] (REC) (Entered: 09/10/2002)	RECAP
4	Sept. 13, 2002	NOTICE of Filing of Acceptance of Service of the Summonses by EEOC (REC) (Entered: 09/16/2002)	RECAP
5	Sept. 18, 2002	JOINDER by pla EEOC to motion to intervene as pla by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia [3-1] [3-1] (SJD) (Entered: 09/19/2002)	RECAP
6	Sept. 26, 2002	STIPULATION to extend time to 10/17/02 to answer complaint (amended) [2-1] by pla EEOC, dft HSL Properties Finan [6-1] (SJD) (Entered: 09/27/2002)	RECAP
7	Oct. 7, 2002	ORDER by Judge Raner C. Collins granting stipulation to extend time to 10/17/02 to answer complaint (amended) or plead [2-1] by pla EEOC, dft HSL Properties Finan [6-1] (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 10/07/2002)	RECAP
8	Oct. 16, 2002	ORDER by Judge Raner C. Collins granting motion to intervene as pla by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia [3-1]; It Is Further Ordered that Intervenors Complaint lodged on September 9,02 shall be filed as of the date of this order. (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 10/16/2002)	RECAP
9	Oct. 16, 2002	Pla Intervenor COMPLAINT FILED (REC) Modified on 10/16/2002 (Entered: 10/16/2002)	RECAP
10	Oct. 17, 2002	ANSWER to first complaint (amended) and third-party complaint [2-1] by Aztec Inn Properties, HSL Properties Finan (REC) (Entered: 10/21/2002)	RECAP
11	Nov. 6, 2002	RETURN OF SERVICE EXECUTED upon Community Pyschology and Education Services, summons/complaint on 10/30/02 (REC) (Entered: 11/07/2002)	RECAP
12	Nov. 20, 2002	ANSWER to Intervenors' complaint [9-1] AND THIRD PARTY COMPLAINT by dft Aztec Inn Properties, dft HSL Properties Finan; adding third-party defendant Community Psychology Education Services, Ltd (SJD) (Entered: 12/24/2002)	RECAP
13	Dec. 10, 2002	STIPULATION to extend time for answer by pla, third dft (REC) (Entered: 12/11/2002)	RECAP
14	Dec. 11, 2002	ORDER by Judge Raner C. Collins granting stipulation to extend time to answer to 12/18/02 by pla, third dft (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 12/11/2002)	RECAP
15	Dec. 19, 2002	ANSWER TO third-party complaint [12-2] by third-party defendant Community Psychology Education Services, Ltd (SJD) (Entered: 12/24/2002)	RECAP
16	Jan. 8, 2003	ORDER by Judge Raner C. Collins ; prel scheduling conf set for 9:30 2/14/03 before Judge Collins Law Clerk Kerry Milazzo. It Is Further Ordered the parties shall file with the Court on or before 2/7/03 a joint report reflecting the results of their conference. (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 01/08/2003)	RECAP
17	Jan. 24, 2003	NOTICE of service of discovery by pla intervenor. (REC) (Entered: 01/27/2003)	RECAP
18	Feb. 7, 2003	CASE MGT PLAN/REPORT: ; ; (REC) (Entered: 02/10/2003)	RECAP
19	Feb. 10, 2003	NOTICE of Filing Original Signatures for Joint Case Management Report by EEOC (REC) (Entered: 02/11/2003)	RECAP
20	Feb. 14, 2003	SCHEDULING ORDER by Judge Raner C. Collins ; discovery due 10/31/03 ; dispositive motions due 3/5/04 ; pretrial order due 3/5/03 ; Status report ddl set for 6/16/03 and every 45 days thereafter (cc: all counsel) re: order (scheduling) [20-1] (REC) (ADI-ICMS, ). (Entered: 02/14/2003)	RECAP
21	Feb. 20, 2003	ORDER by Judge Raner C. Collins A scheduling order was issued in this case on 2/14/03. It has come to the Courts attention that the deadline for filing the pretrial order was erroneously set for 3/5/03; PTO ddl set for 3/5/04 (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 02/20/2003)	RECAP
22	Feb. 20, 2003	MOTION for summary judgment on third-party complaint by Community Psychology [22-1] (REC) (Entered: 02/21/2003)	RECAP
23	Feb. 20, 2003	STATEMENT OF FACTS by Community Psychology re motion for summary judgment on third-party complaint by Community Psychology [22-1] [22-1] (REC) (Entered: 02/21/2003)	RECAP
24	Feb. 28, 2003	NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by intervenor (REC) (Entered: 03/03/2003)	RECAP
25	Feb. 28, 2003	STIPULATION and Request to extend time for dft to respond to pla intervenors discovery requests by dft (REC) (Entered: 03/03/2003)	RECAP
26	March 3, 2003	NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by Community Psychology (REC) (Entered: 03/04/2003)	RECAP
27	March 3, 2003	NOTICE of service of discovery by dft. (REC) (Entered: 03/04/2003)	RECAP
28	March 3, 2003	NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by dft (REC) (Entered: 03/04/2003)	RECAP
29	March 4, 2003	NOTICE of initial disclosure statement pursuant to FRCivP 26(a) by EEOC (REC) (Entered: 03/05/2003)	RECAP
30	March 5, 2003	ORDER by Judge Raner C. Collins granting stipulation and Request to extend time from 2/24/03 to 2/28/03 for dft to respond to pla intervenors discovery requests by dft (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 03/05/2003)	RECAP
31	March 21, 2003	STIPULATION and Request to extend time for dft to respond to third-party dfts motion for summary judgment on third-party complaint by pla, dft (REC) (Entered: 03/24/2003)	RECAP
32	March 24, 2003	ORDER by Judge Raner C. Collins granting stipulation and Request to extend time for dft to respond to third-party dfts motion for summary judgment on third-party complaint from 3/24/03 to 4/2/03 pla, dft (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 03/24/2003)	RECAP
33	March 28, 2003	STIPULATION regrading filing first amended complaint by pla, dft (REC) (Entered: 03/31/2003)	RECAP
34	March 28, 2003	AMENDED COMPLAINT ; By Pla Intv [9-1] (REC) (Entered: 04/08/2003)	RECAP
35	April 2, 2003	NOTICE of service of discovery by Juan Rivera, Mary Ann Kluck, Christina Gutierrez-Walters, David Laborin, Steve Garcia . (REC) (Entered: 04/03/2003)	RECAP
36	April 2, 2003	MOTION to continue consideration of summary judgment pending additional discovery pursuant to Rule 56(f) by Aztec Inn Properties, HSL Properties Finan [36-1] (REC) (Entered: 04/04/2003)	RECAP
37	April 2, 2003	MOTION to strike paragraph 3 of third party dfts statement of facts in support of motion for summary judgment on third complaint or in the alternative controverting statement of facts in support of response to motion for summary judgment on third-party complaint by Aztec Inn Properties, HSL Properties Finan [37-1] (REC) (Entered: 04/04/2003)	RECAP
38	April 2, 2003	RESPONSE by Aztec Inn Properties, HSL Properties Finan to motion for summary judgment on third-party complaint by Community Psychology [22-1] (REC) (Entered: 04/04/2003)	RECAP
39	April 2, 2003	STATEMENT OF FACTS by Aztec Inn Properties, HSL Properties Finan re response to motion for summary judgment on third-party complaint. [38-1] (REC) (Entered: 04/04/2003)	RECAP
41	April 3, 2003	MOTION for summary judgment by dft [41-1] (REC) (Entered: 04/07/2003)	RECAP
42	April 3, 2003	STATEMENT OF FACTS by dft re motion for summary judgment by dft [41-1] (REC) (Entered: 04/07/2003)	RECAP
43	April 3, 2003	REQUEST for Oral Argument by dft (REC) (Entered: 04/07/2003)	RECAP
40	April 4, 2003	ORDER by Judge Raner C. Collins granting stipulation regrading filing first amended complaint lodged with the Court on 3/28/03 by pla, dft (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 04/04/2003)	RECAP
44	April 7, 2003	ERRATA(Notice of Clarification) regrading an affidavit submitted in support of the Clarions Response to Third-oarty Dfts Motion for Summary Judgment and in support of the Clarions Motion for summary Judgment by dft Aztec Inn Properties, dft HSL Properties Finan, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan to (REC) (Entered: 04/09/2003)	RECAP
45	April 14, 2003	ANSWER to Intervenors first amd complaint (amended) [34-1] AND THIRD PARTY COMPLAINT against Community Psychology & Education Services by dft Aztec Inn Properties, dft HSL Properties Finan (PAB) (Entered: 04/16/2003)	RECAP
46	April 21, 2003	RESPONSE by third-party defendant Community Psychology to statement of controverting facts [39-1] (REC) (Entered: 04/22/2003)	RECAP
48	April 21, 2003	Reply In Suppot of Motion for Summary Judgment on third Party Complaint;RESPONSE by Community Psychology to motion to strike paragraph 3 of third party dfts statement of facts in support of motion for summary judgment on third complaint or in the alternative controverting statement of facts in support of response to motion for summary judgment on third-party complaint by Aztec Inn Properties, HSL Properties Finan [37-1], motion to continue consideration of summary judgment pending additional discovery pursuant to Rule 56(f) by Aztec Inn Properties, HSL Properties Finan [36-1] (REC) (Entered: 04/23/2003)	RECAP
49	April 21, 2003	Supplemental STATEMENT OF FACTS by third-party defendant Community Psychology re response to motion for continuance under rule 56(F) and motion to strike [48-1], reply to response to motion for summary judgment [48-1] (REC) (Entered: 04/23/2003)	RECAP
47	April 22, 2003	NOTICE of Filing Original Declarations by Third-Party Dft. (REC) (Entered: 04/23/2003)	RECAP
50	April 24, 2003	ORDER by Judge Raner C. Collins setting motion for summary judgment on third-party complaint by Community Psychology [22-1] at 9:30 6/16/03. The Court has allotted on hour for this hearing. before Judge Raner C. Collins (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 04/24/2003)	RECAP
51	April 24, 2003	ORDER by Judge Raner C. Collins denying motion to continue consideration of summary judgment pending additional discovery pursuant to Rule 56(f) by Aztec Inn Properties, HSL Properties Finan [36-1] (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 04/24/2003)	RECAP
52	April 24, 2003	MOTION for expedited ruling by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [52-1] (REC) (Entered: 04/25/2003)	RECAP
53	April 24, 2003	MOTION to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1], for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2] (REC) (Entered: 04/25/2003)	RECAP
54	April 25, 2003	NOTICE by pla OF TAKING DEPO OF Elbeia Meza on the following date(s): 5/27/03 at 10:00am (former emp) (Entered: 04/28/2003)	RECAP
55	April 25, 2003	NOTICE of 30(b)(6) Deposition by pla OF TAKING DEPO OF Aztec Inn Properties, HSL Properties Financial Corporation on the following date(s): 5/14/03 at 1:00pm (former emp) (Entered: 04/28/2003)	RECAP
56	April 25, 2003	NOTICE by pla OF TAKING DEPO OF Gabriele Yanez on the following date(s): 5/27/03 at 1:00pm (former emp) (Entered: 04/28/2003)	RECAP
57	April 25, 2003	AMENDED NOTICE by pla OF TAKING DEPO OF Glenn Toyoshima on the following date(s): 5/14/03 at 9:00am (former emp) Modified on 05/19/2003 (Entered: 04/28/2003)	RECAP
58	April 25, 2003	NOTICE by pla OF TAKING DEPO OF Gayle Venner on the following date(s): 5/28/03 at 9:00am (former emp) (Entered: 04/28/2003)	RECAP
59	April 28, 2003	AFFIDAVIT of Sally C.Shanley by pla EEOC (REC) (Entered: 04/29/2003)	RECAP
60	April 30, 2003	ANSWER to third-party [45-2] by third-party defendant Community Psychology (REC) (Entered: 05/01/2003)	RECAP
61	May 2, 2003	STIPULATION to extend time for a response to dfts motion for summary judgment by pla EEOC (REC) (Entered: 05/05/2003)	RECAP
63	May 7, 2003	CROSS-MOTION for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1], for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] and RESPONSE to motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1] [53-1] by dft Aztec Inn Properties, dft HSL Properties Finan (REC) (Entered: 05/08/2003)	RECAP
65	May 7, 2003	Certification of Moving Counsel; by dft re motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] [63-2] (JKM) (Entered: 05/09/2003)	RECAP
	May 7, 2003	RESPONSE by dft Aztec Inn Properties, dft HSL Properties Finan to motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1]; Cross Motion for Court-Supervised Settlement Conference and Cross-Motion for Protective Order. (REC)
62	May 8, 2003	ORDER by Judge Raner C. Collins granting stipulation to extend time by 30 days for a response to dfts motion for summary judgment by pla EEOC (cc: all counsel) (ABU) (ADI-ICMS, ). (Entered: 05/08/2003)	RECAP
64	May 8, 2003	ORDER by Judge Raner C. Collins setting motion for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1] at 9:30 5/12/03, re: motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] [63-2], re: motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1] [53-1], re: motion for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2] [53-2] (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 05/08/2003)	RECAP
66	May 16, 2003	AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Aztec Inn Porperties & HSL Properties Financial Corporation on the following date(s): 5/29/03 (SJD) Modified on 05/19/2003 (Entered: 05/19/2003)	RECAP
67	May 16, 2003	AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Glenn Toyoshima on the following date(s): 5/29/03 (SJD) (Entered: 05/19/2003)	RECAP
68	May 19, 2003	MINUTE ENTRY before Judge Raner C. Collins . Crt Rptr: B Brunotte. re: motion for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2] [53-2], re: motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1] [53-1], re: motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2] [63-2], re: motion for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1] [63-1], re: motion for summary judgment by dft [41-1] ; court will issue a formal order re its ruling [cc: rcc,all cnsl]] [68-1] (SJD) (ADI-ICMS, ). (Entered: 05/19/2003)	RECAP
69	May 19, 2003	ORDER by Judge Raner C. Collins granting motion to dismiss dfts Motion for Sumamry Judgment filed 4/3/03 by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-1], granting motion for leave to conduct discovery Pursuant to Fed.R.Civ.P.56(f) by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [53-2], pla's may proceed with the depositions currently scheduled; dismissing with leabe to refile the motion for summary judgment by dft [41-1] after relevant discovery is completed, granting motion for settlement conference by dft Aztec Inn Properties, dft HSL Properties Finan [63-1] ; settlement conference set for 9:30 7/15/03, before Magistrate Judge Charles R. Pyle denying motion for protective order by dft Aztec Inn Properties, dft HSL Properties Finan [63-2], finding the motion for expedited ruling by pla EEOC, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan [52-1] denied as moot. (cc: all counsel) (SJD) (ADI-ICMS, ). (Entered: 05/19/2003)	RECAP
70	May 20, 2003	NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Elbeia Meza on the following date(s): 5/28/03 at 9am. (REC) (Entered: 05/21/2003)	RECAP
71	May 20, 2003	NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 5/28/03 at 1pm. (REC) (Entered: 05/21/2003)	RECAP
72	May 27, 2003	NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Elbeia Meza on the following date(s): 6/18/03 at 8am. (REC) (Entered: 05/28/2003)	RECAP
73	May 27, 2003	NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 6/18/03 at 12pm. (REC) (Entered: 05/28/2003)	RECAP
74	May 29, 2003	NOTICE of service of discovery by third-party defendant Community Psychology . (SJD) (Entered: 05/30/2003)	RECAP
75	June 12, 2003	NOTICE by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 6/18/03 at 12pm. (REC) (Entered: 06/13/2003)	RECAP
76	June 16, 2003	MINUTE ENTRY before Judge Raner C. Collins . Crt Rptr: Bonnie Brunotte. taking under advisement on 6/17/03 the motion for summary judgment on third-party complaint by Community Psychology [22-1]; Formal order to follow. [cc: all cnsl]] [76-1] (REC) (ADI-ICMS, ). (Entered: 06/17/2003)	RECAP
77	June 18, 2003	NOTICE of service of discovery by third-party defendant Community Psychology . (REC) (Entered: 06/19/2003)	RECAP
78	June 19, 2003	NOTICE by intervenor-plaintiff OF TAKING DEPO OF Gabrielle Yanez on the following date(s): 7/9/03 (SJD) (Entered: 06/20/2003)	RECAP
79	July 15, 2003	MINUTE ENTRY before Magistrate Judge Charles R. Pyle . . ; settlement conference held. No agreement reached. [cc: all cnsl]] [79-2] (REC) (ADI-ICMS, ). (Entered: 07/17/2003)	RECAP
80	July 17, 2003	ORDER by Magistrate Judge Charles R. Pyle ; settlement conference continued for 9:00 8/7/03, before Magistrate Judge Charles R. Pyle. Counsel for the pla together with their clients shall meet at 9am in Judge Pyle's Chambers Ste 5660. Counsel for Aztec Inn Properties LLC with their clients shall meet at 10am. Counsel for Community Psychology Education Services Ltd with their clients shall meet at 11am. All participants should plan to be available for the remainder of the day. (cc: all counsel) (REC) (ADI-ICMS, ). (Entered: 07/17/2003)	RECAP
81	Aug. 1, 2003	ORDER by Magistrate Judge Charles R. Pyle ; settlement conference reset for 9:00 8/18/03, before Magistrate Judge Charles R. Pyle; counsel for plas, together with their clients, shall meet at 9:00 am in Magistrate Judge Pyle's chambers; counsel for Aztec Inn Properties, with their clients shall meet at 10:00; counsel for community Phsychology Education Services, with their clients, shall meet at 11:00; all participants should plan to be available for the remainder of the day (cc: all counsel) (SJD) (ADI-ICMS, ). (Entered: 08/01/2003)	RECAP
82	Aug. 12, 2003	First Joint Settlement STATUS REPORT by pla EEOC, dft Aztec Inn Properties, dft HSL Properties Finan, intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan, third-party defendant Community Psychology, third-party plaintiff Aztec Inn Properties, third-party plaintiff HSL Properties Finan (REC) (Entered: 08/13/2003)	RECAP
83	Aug. 18, 2003	MINUTE ENTRY before Magistrate Judge Charles R. Pyle . . ; settlement conference held. No agreement reached. [cc: all cnsl]] [83-2] (REC) (ADI-ICMS, ). (Entered: 08/19/2003)	RECAP
84	Aug. 20, 2003	STIPULATION to extend time for 2/14/03 scheduling order ddls to discovery ddl of 1/30/04, dispositive motion ddl of 5/7/04, joint pretrial order w/i 30 days of the resolution of dispositive motions by pla, dft, intervenor-plaintiff, third-party plaintiff, third-party defendant, third-party plaintiff (former emp) (Entered: 08/20/2003)	RECAP
85	Sept. 2, 2003	ORDER by Judge Raner C. Collins granting stipulation to extend time for 2/14/03 scheduling order ddls to discovery ddl of 1/30/04, dispositive motion ddl of 5/7/04, joint pretrial order w/i 30 days of the resolution of dispositive motions by pla, dft, intervenor-plaintiff, third-party plaintiff, third-party defendant, third-party plaintiff Rebuttal disclosure relating to experts shall be completed on or before 3/12/04; All other witnesses shall be disclosed by 10/31/03; 1/30/04 discovery ddl set for 1/30/04 ; dispositive motions due 5/7/04. The Joint Pretrial Order shall be filed within 30 days of the resolution of the dispositive motions filed. (cc: all counsel) (REC) Modified on 09/02/2003 (ADI-ICMS, ). (Entered: 09/02/2003)	RECAP
86	Oct. 7, 2003	MINUTE ENTRY before Magistrate Judge Charles R. Pyle . Continued Settlement Conference held. No agreement reached. [cc: all cnsl]] [86-1] re: minute entry [86-1] (REC) (ADI-ICMS, ). (Entered: 10/08/2003)	RECAP
87	Oct. 31, 2003	NOTICE of Service of pla EEOC's and pla-Intervenors List of Witnesses by pla EEOC (JKM) (Entered: 11/03/2003)	RECAP
88	Nov. 3, 2003	NOTICE of Service of first supplemental disclosure statement pursuant to FRCivP 26(a) by third-party defendant Community Psychology (former emp) (Entered: 11/04/2003)	RECAP
89	Nov. 6, 2003	MOTION for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (REC) (Entered: 11/07/2003)	RECAP
90	Nov. 6, 2003	NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Aztec Inn Properties (REC) (Entered: 11/07/2003)	RECAP
91	Nov. 24, 2003	RESPONSE by third-party defendant Community Psychology to motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (PAB) (Entered: 11/25/2003)	RECAP
92	Nov. 24, 2003	RESPONSE by pla EEOC to motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (PAB) (Entered: 11/25/2003)	RECAP
93	Nov. 24, 2003	RESPONSE by intervenor-plaintiffs to motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (PAB) (Entered: 11/25/2003)	RECAP
94	Dec. 4, 2003	ORDER by Judge Raner C. Collins granting motion for summary judgment on third-party complaint by Community Psychology [22-1] Community Psychology is dismissed from this case (cc: all counsel) (SJD) (ADI-ICMS, ). (Entered: 12/04/2003)	RECAP
95	Dec. 4, 2003	ORDER by Judge Raner C. Collins denying motion for Rule 16 Case Management Conference and Notice to the Court of Newly Discovered Evidence Material to Motion Under Advisement by dft Aztec Inn Properties [89-1] (cc: all counsel) (SJD) (ADI-ICMS, ). (Entered: 12/04/2003)	RECAP
96	Dec. 12, 2003	NOTICE of Service of Pla Intervenors Request for Entry Upon Land for Inspection by intervenor-plaintiff Juan Rivera, intervenor-plaintiff Mary Ann Kluck, intervenor-plaintiff Christina Gutierrez-Walters, intervenor-plaintiff David Laborin, intervenor-plaintiff Steve Garcia (REC) (Entered: 12/22/2003)	RECAP
97	Dec. 26, 2003	MOTION for attorney's fees & costs by third-party defendant Community Psychology [97-1] (SJD) (Entered: 01/02/2004)	RECAP
98	Dec. 26, 2003	MOTION for entry of 54(b) summary judgment by third-party defendant Community Psychology [98-1] (SJD) (Entered: 01/02/2004)	RECAP
99	Jan. 2, 2004	TRANSCRIPT of Third-Party Dft Motion for Summary Judgment by Court Reporter: Bonnie J. Brunotte for the following date(s): 6/16/03 (REC) (Entered: 01/07/2004)	RECAP

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Case Details

State / Territory:

Arizona

Case Type(s):

Equal Employment

Disability Rights

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 28, 2002

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Aztec Inn Properties, LLC

Community Psychology Education Services, Ltd

HSL Properties Financial Corporation

Case Details

Causes of Action:

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

Other Dockets:

District of Arizona 4:02-cv-00324

U.S. Court of Appeals for the Ninth Circuit 04-16080

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Implement complaint/dispute resolution process

Monitoring

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reasonable Accommodation

Recordkeeping

Reinstatement (job, contract, grant, etc.)

Reporting

Retaliation Prohibition

Utilize objective hiring/promotion criteria

Amount Defendant Pays: 63500

Order Duration: 2004 - 2006

Issues

Discrimination Area:

Accommodation / Leave

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of EEOC v. Aztec Inn Properties LLC (d/b/a Clarion Hotel - Randolph Park), Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/9266/ (last updated 3/17/2008).