Case 1:23-cv-11856 Document 1 Filed 08/14/23 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS
Eastern Division

UNITED STATES EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION, CIVIL ACTION NO.__________

Plaintiff, COMPLAINT

v. JURY TRIAL DEMANDED

DIGITAL ARBITRAGE, INC., d/b/a

“CLOUDBEDS,”

Defendant.

NATURE OF THE ACTION

This is an action under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., as

amended by the Americans with Disabilities Amendments Act of 2008 (“ADA”) and Title I of the

Civil Rights Act of 1991, 42 U.S.C. § 1981a, to correct unlawful employment practices on the

basis of disability and to provide appropriate relief to Charging Party Peter St. John (“Charging

Party” or “St. John”). The United States Equal Employment Opportunity Commission (“Plaintiff”

or “EEOC”) alleges that Defendant Digital Arbitrage, Inc. d/b/a Cloudbeds (“Defendant” or

“Cloudbeds”) discriminated against Charging Party based on his disability when it refused to

provide a reasonable accommodation for his disability and denied him an employment opportunity

because of his disability and/or based on the need for accommodation.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343, and 1345. This action is authorized and instituted pursuant to Section 107(a) of the ADA, as

amended, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of

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Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. §§ 2000e-5(f)(1)

and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

PARTIES

2. Plaintiff, the United States Equal Employment Opportunity Commission, is the

agency of the United States of America charged with the administration, interpretation, and

enforcement of Title I of the ADA, and is expressly authorized to bring this action by Section

107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and

(3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3).

3. Cloudbeds is a remote-first company that is headquartered in San Diego, California.

4. At all relevant times, Defendant has continuously had at least fifteen (15)

employees.

5. At all relevant times, Defendant has continuously been an employer engaged in an

industry affecting commerce under Sections 101(2) of the ADA, 42 U.S.C. § 12111(2), and Section

101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and

(h) of Title VII, 42 U.S.C. §§ 2000e (g) & (h).

6. At all relevant times, Defendant has been a covered entity under Section 101(2) of

the ADA, 42 U.S.C. § 12111(2).

ADMINISTRATIVE PROCEDURES

7. More than thirty days prior to the institution of this lawsuit, Charging Party Peter

St. John filed Charge No. 488-2022-00430 with the EEOC alleging violations of the ADA by

Defendant.

8. On May 25, 2023, after an investigation, the EEOC issued to Defendant a Letter of

Determination finding reasonable cause to believe that Defendant violated the ADA and inviting

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Defendant to join with the EEOC in informal methods of conciliation to endeavor to eliminate the

unlawful employment practices and provide appropriate relief.

9. The EEOC engaged in communications with Defendant to provide it the

opportunity to remedy the discriminatory practices described in the Letter of Determination.

10. The EEOC was unable to secure from Defendant a conciliation agreement

acceptable to it.

11. On July 18, 2023, the EEOC issued to Defendant a written Notice of Failure of

Conciliation.

12. All conditions precedent to the institution of this lawsuit have been fulfilled.

STATEMENT OF CLAIMS

13. Defendant has engaged in unlawful employment practices in violation of Sections

102(a) and (b)(1) of Title I of the ADA, 42 U.S.C. § 12112(a) and (b)(5) by failing to provide

Charging Party with a reasonable accommodation for his disability and by denying him an

employment opportunity and refusing to hire him based on his disability. Specifically:

a. Cloudbeds is a global technology company that has developed a software suite, the

Cloudbeds Hospitality Platform, that it offers to independent hotels, hostels,

vacation rentals, and hotel groups nationwide and internationally via the internet.

b. Cloudbeds describes its business as “remote-first, remote always.”

c. Cloudbeds posts the positions it is looking to fill on large employment websites,

including Indeed.com and LinkedIn, in order to become “a global company that

hires the best talent regardless of location.”

d. Charging Party Peter St. John resides in Northampton, Massachusetts.

e. St. John is deaf and uses American Sign Language (ASL) to communicate.

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f. As of January 2022, St. John had approximately seventeen years of experience in

the IT professional support field including work as a Remote IT Director, a Remote

IT Engineer and an IT Systems Administrator for various companies.

g. St. John’s experience includes, but is not limited to:

i. supporting end-users remotely within cloud platforms;

ii. remotely diagnosing and resolving technical hardware and software issues

for end-users;

iii. promoting security measures and best practices;

iv. supporting various IT Projects; and

v. acting as a point of contact for internal end-user hardware and software

issues.

h. On or about January 31, 2022, St. John applied via Indeed.com to work as a remote

IT Administrator position at Cloudbeds.

i. St. John submitted his resume to Cloudbeds with his application for the IT

Administrator position.

j. Based on a review of his application materials, on or about February 3, 2022,

Cloudbeds advanced St. John’s application to the next step in the hiring process,

which was a Spark Hire interview.

k. Cloudbeds contracts with Spark Hire, a third-party vendor, to facilitate pre-

recorded interviews in the hiring process.

l. During a Spark Hire interview, the candidate is asked recorded questions and

provides recorded answers.

m. The recordings are reviewed by Cloudbeds and used to select the candidates who

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will continue in the hiring process.

n. On or about February 4, 2022, St. John submitted a request to Spark Hire to for an

alternative way to complete the pre-recorded interview, stating that he is deaf, non-

speaking and utilizes ASL to communicate.

o. A Spark Hire representative emailed a Cloudbeds Talent Administrator, advised

that St. John is deaf and asked if Cloudbeds could provide an alternative way of

completing the Spark Hire interview for St. John, including by using ASL to

complete the interview.

p. That same day, the Talent Administrator forwarded the Spark Hire email to four

other Cloudbeds Human Resources (“HR”) employees.

q. On or about February 7, 2022, Cloudbeds discussed St. John’s request and said:

i. It was “not sure if this person would be able to do the job;”

ii. That “verbal and written communication is a job requirement for the IT

Admin,” and suggested that it “craft a message referring to the job

requirements.”

r. The job description for the Cloudbeds IT Administrator position sets forth the

following requirements:

i. Support end-users remotely within cloud platforms…;

ii. Diagnose and resolve technical hardware and software issues for end-users

remotely;

iii. Promote security measures and best practices;

iv. Support on IT Projects;

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v. Act as an escalation point of contact for internal end-user hardware and

software issues; and

vi. Other duties as needed.

s. At no time did Cloudbeds communicate with St. John to discuss his request for an

alternative means of completing the Spark Hire interview.

t. At no time did Cloudbeds communicate with St. John to discuss his disability or

accommodation needs.

u. At no time did Cloudbeds offer St. John, either through Spark Hire or directly, an

alternative way to interview for the remote IT Administrator position.

v. At some time between February 4 and February 9, 2022, St. John’s request for an

alternative way to complete the Spark Hire interview was brought to the attention

of Cloudbeds’ Chief Executive Officer, Adam Harris.

w. CEO Harris was advised that Cloudbeds was obligated by the Americans with

Disabilities Act to accommodate St. John’s request.

x. CEO Harris refused to accommodate St. John in the interview process because it is

a remote first company and because Cloudbeds would not extend an offer of

employment to a deaf person in any event, or similar words to the same effect.

y. As a result, on or about February 9, 2022, Cloudbeds decided to:

“…just respond to them saying, ‘Unfortunately, this is not an

accommodation that we can meet. We are a remote first company and the
majority of our meetings occur over zoom where verbal communication and
hearing are job requirements.’”

z. On or about February 9, 2022, Cloudbeds emailed Spark Hire:

“Unfortunately, this is not an accommodation that we can meet. We are a

remote first company and the majority of our meetings occur over zoom
where verbal communication and hearing are job requirements.”

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aa. On or about February 9, 2022, a Cloudbeds Talent Partner emailed St. John saying:

“In regards to your request about the Sparkhire interview, this is not an ac-
commodation that we can meet, unfortunately. We are a remote first com-
pany and the majority of our meetings occur over zoom where verbal com-
munication and hearing are job requirements.”

bb. As of January 31, 2022, St. John was qualified to perform all of the job duties of

the remote IT Administrator position at Cloudbeds, with or without reasonable

accommodation.

cc. St. John has successfully used the following available technologies to support end-

users remotely within cloud-based platforms, to effectively communicate remotely

with end-users to diagnose and resolve technical issues, and to escalate technical

issues as necessary:

i. email;

ii. remote log-in (i.e., screen share);

iii. messaging/chat platforms (e.g., Slack and Teams);

iv. video platform chat (e.g., Zoom chat); and

v. free video relay services (“VRS”).

dd. St. John is qualified for the IT Administrator position.

ee. St. John could perform the duties of the IT Administrator position with or without

a reasonable accommodation.

ff. Cloudbeds failed to engage in a good faith interactive process to identify reasonable

accommodations for St. John in the hiring process.

gg. Cloudbeds refused to provide St. John with a reasonable accommodation in the

hiring process.

hh. Cloudbeds rejected St. John and terminated his candidacy because of his deafness.

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ii. Cloudbeds hired three non-deaf individuals to fill the IT Administrator positions

for which St. John applied.

jj. Non-deaf individuals hired for the Cloudbeds IT Administrator position have less

experience than St. John.

kk. Non-deaf individuals hired for the Cloudbeds IT Administrator position have less

relevant education than St. John.

ll. Non-deaf individuals hired for the Cloudbeds IT Administrator positions for which

Cloudbeds sought candidates and to which St. John applied are less qualified than

St. John.

14. As a result of the foregoing, Charging Party suffered harm.

15. As specifically set forth in Paragraph 13 above, Defendant engaged in unlawful

practices in violation of Section 102(a) and (b)(5)(A) of Title I of the ADA, 42 U.S.C. §§ 12112(a)

and (b)(5)(A) by failing to engage in a good faith interactive process to identify reasonable

accommodations and provide Charging Party with a reasonable accommodation.

16. As specifically set forth in Paragraph 13 above, Defendant engaged in unlawful

practices in violation of Section 102(a) and (b)(5)(B) of Title I of the ADA, 42 U.S.C. §§ 12112(a)

and (b)(5)(B) by terminating Charging Party’s candidacy, denying him an employment

opportunity and failing to hire him because of his disability and/or the need for accommodation.

17. The unlawful employment practices complained of in Paragraph 13 above were

intentional.

18. The unlawful employment practices complained of in Paragraph 13 above caused

Charging Party to suffer pecuniary and non-pecuniary damages including, but not limited to, lost

compensation and benefits, and mental anguish and emotional distress.

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19. The unlawful employment practices complained of in Paragraph 13 above were

done with malice or with reckless indifference to Charging Party’s federally protected rights.

PRAYER FOR RELIEF

Wherefore, the EEOC respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant, its officers, management,

employees, agents, servants, and all persons in active concert or participation with it, from

discriminating based on disability including, but not limited to, failing to provide reasonable

accommodations to qualified individuals with disabilities that do not constitute an undue hardship.

B. Grant a permanent injunction enjoining Defendant, its officers, management,

employees, agents, servants, and all persons in active concert or participation with it, from

discriminating based on disability including, but not limited to, denying employment opportunities

to qualified individuals with disabilities because of their disabilities and/or because of their need

for an accommodation.

C. Order Defendant to institute and carry out policies, practices, and programs that

provide equal employment opportunities and reasonable accommodations for qualified individuals

with disabilities and that eradicate the effects of its past and present unlawful employment

practices.

D. Order Defendant to make Charging Party whole by providing appropriate lost

wages and other compensation and benefits with prejudgment interest, in amounts to be

determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful

employment practices.

E. Order Defendant to make Charging Party whole by ordering instatement or

awarding front pay in lieu thereof, in amounts to be determined at trial.

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F. Order Defendant to make Charging Party whole by providing compensation for

past and future pecuniary losses resulting from the unlawful employment practices described

above, in amounts to be determined at trial.

G. Order Defendant to make Charging Party whole by providing compensation for

past and future non-pecuniary losses resulting from the unlawful employment practices described

above, including emotional pain, suffering, inconvenience, mental anguish, and other

nonpecuniary losses, in amounts to be determined at trial.

H. Order Defendant to pay Charging Party punitive damages for the malicious and/or

reckless conduct described above, in amounts to be determined at trial.

I. Grant such further relief as the Court deems necessary and proper in the public

interest; and

J. Award the EEOC its costs of this action.

JURY TRIAL DEMAND

The EEOC requests a jury trial on all questions of fact raised by its complaint.

Dated: August 14, 2023

Respectfully submitted,

GWENDOLYN Y. REAMS
Acting General Counsel

CHRISTOPHER LAGE
Deputy General Counsel

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION
131 M Street NE
Washington, D.C. 20507

JEFFREY BURSTEIN

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Regional Attorney
jeffrey.burstein@eeoc.gov

KIMBERLY CRUZ
Assistant Regional Attorney
kimberly.cruz@eeoc.gov

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION
New York District Office
33 Whitehall Street, 5th Floor
New York, NY 10004

/s/ Anastasia Doherty

ANASTASIA DOHERTY
Trial Attorney
anastasia.doherty@eeoc.gov

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION
Boston Area Office
15 New Sudbury Street, Room 475
Boston, Massachusetts 02203
(617) 865-3693

11
JS 44 (Rev. 04/21) CIVIL
Case 1:23-cv-11856 COVER
Document 1-1 SHEET
Filed 08/14/23 Page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
United States Equal Opportunity Commission Digital Arbitrage, Inc., d/b/a Cloudbeds
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

Anastasia Doherty, U.S. EEOC Jeremy Adamson, Kunzler, Bean & Adamson
15 New Sudbury Street, Rm. 475, Boston, MA 02203 50 W Broadway, Suite 1000, Salt Lake City, UT, 84101
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
✖ 1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property ✖ 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., as amended
VI. CAUSE OF ACTION Brief description of cause:
ADA failure to provide reasonable accommodation and failure to hire
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
8/14/2023 /s/ Anastasia Doherty
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 04/21) Case 1:23-cv-11856 Document 1-1 Filed 08/14/23 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statute.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 1:23-cv-11856 Document 1-2 Filed 08/14/23 Page 1 of 1
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

1. Title of case (name of first party on each side only)

U.S. Equal Employment Opportunity Commission v. Digitial Arbitrage, Inc., d/b/a "Cloudbeds"

 Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).

, 40, 41, 4, 535, 830*,  8, 893, R.23, REGARDLESS OF NATURE OF SUIT.
X II. 130, 190, 196, 370, 37, 440, 442, 443, 445, 446, 448,  820*, 840*, .

III. 120, 150, 151, 152, 153, 195, 210, 220, 24, 310, 315,  330, 340, 345, 350, 355, 360, 36,
367, 368, 37,38,422, 423, 40, 460, 462, 463, 465,  510, 530, 540, 550, 555, 
625, 690, 7, 791, 861-865, 80,8,950.
*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.

3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.

4. Has a prior action between the same parties and based on the same claim ever been filed in this court?

YES  NO X
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC
§2403)

YES  NO X
If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?

YES  NO 
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?

YES  NO 
X
7. Do all of the parties in this action, excluding governmental agencies of the United States and the Commonwealth of
Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).

YES  NO X
A. If yes, in which division do all of the non-governmental parties reside?

Eastern Division  Central Division  Western Division 

B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,
residing in Massachusetts reside?

Eastern Division  Central Division  Western Division 

8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,
submit a separate sheet identifying the motions)

YES  NO 
(PLEASE TYPE OR PRINT)
ATTORNEY'S 253526(
6NAME ANASTASIA DOHERTY
ADDRESS 15 New Sudbury Street, Rm. 475, Boston, MA 02203
TELEPHONE NO. 617-865-3685
(0$,/$''5(66 Anastasia.doherty@eeoc.gov

(CategoryForm-20.wpd )