Lindsey

Appellant Eric J. Lindsey, dba E-Jays Panache Images, (“Panache” or “Appellant”) appeals the district court’s grant of summary judgment for Appellees SLT Los Angeles, Starwood ’ Hotels & Resorts Worldwide, Inc., Western Host, Inc. (“the Westin” or “Appellees”). The district court concluded that Appellant Panache had failed to prove that the Westin’s actions, which had prevented Panache from hosting its annual Mother’s Day Fashion Show in the Grand Ballroom of the Westin Hotel, presented a prima facie case of race discrimination pursuant to 42 U.S.C. § 1981 . We have jurisdiction under 28 U.S.C. § 1291 . We reverse the district court and remand for trial.

FACTS AND PROCEDURAL HISTORY

I. Procedural History

On May 10, 2002, Appellant filed a Complaint for Damages alleging violations of 42 U.S.C. § 1981 ; violations of the California Unruh Act; breach of contract; intentional infliction of emotional distress; intentional interference with business prospective; and fraud. Appellees filed a Motion for Summary Judgment on March 20, 2003, which Appellants opposed on March 31, 2003. Appellees filed their Reply in support of their Motion for Summary Judgment on April 7, 2003. On…