Case: U.S.A. v. City of New York

1:02-cv-04699 | U.S. District Court for the Southern District of New York

Filed Date: June 18, 2002

Closed Date: Dec. 31, 2009

Clearinghouse coding complete

Case Summary

On June 18, 2002 the United States filed a lawsuit under Title VII in the U.S. District Court for the Southern District of New York against the City of New York and the New York City Department of Parks and Recreation, alleging that the Department of Parks and Recreation engaged in a pattern or practice of race and/or national origin discrimination in making promotion decisions. The United States sought remedial and injunctive relief. Specifically, the United States contended that the Parks did…

On June 18, 2002 the United States filed a lawsuit under Title VII in the U.S. District Court for the Southern District of New York against the City of New York and the New York City Department of Parks and Recreation, alleging that the Department of Parks and Recreation engaged in a pattern or practice of race and/or national origin discrimination in making promotion decisions. The United States sought remedial and injunctive relief.

Specifically, the United States contended that the Parks did not follow its stated policy in posting vacancy notices when a job opened for a managerial position. Furthermore, the United States alleged the defendant did not follow its stated EEOC policy of conducting panel interviews and using a prescribed rating system in promoting employees. Instead, Parks used its "Class Of" program in furtherance of its alleged pattern or practice of discrimination against black and Hispanic employees, creating a separate promotional track for white Class Of participants whom Parks recruited directly from college. In comparison to Parks' overall workforce, the composition of the Class Of program was disproportionately white and non-Hispanic. Class Of members who chose to continue their employment with Parks routinely and swiftly had been promoted into high level permanent positions throughout the agency over equally or more qualified black and Hispanic veteran employees. Parks promoted Class Of participants to management positions for which it never posted vacancy notices, sought applications, or conducted a formal interview process, and certain management positions were created specifically for Class Of recruits, so that it was impossible for anyone else to apply, interview, and be considered for the positions. The individual plaintiffs alleged that they were equally or more qualified than these whites and would've applied for the position had they been given the opportunity, and that they suffered retaliation after complaining of discrimination at the Department of Parks and Recreation.

In a related case Wright v. Stern begun in May 24, 2001, there were additional claims of discrimination. In addition to the claims stated above, the plaintiffs alleged that the DPR (Department of Parks and Recreation) engaged in disparate treatment by concentrating Black and Hispanic employees in neighborhoods with a predominantly minority population. Plaintiffs claimed to have been offered assignments only at DPR locations in minority populated areas and denied assignments in, or transfers to, predominantly "Caucasian" areas. Plaintiffs alleged that racial segregation also existed within administrative offices, such that "Caucasian" employees occupied perimeter offices while African-American and Hispanic employees were clustered at work stations in the middle of the floorspace. Plaintiffs also alleged that they were forced to work in a racially hostile environment in which employees made racially derogatory remarks and nooses were displayed in DPR facilities.

On January 14, 2003, plaintiffs' application to compel further discovery response from defendants was granted in its entirety. US Magistrate Judge Dolinger held that personnel files maintained by department's deputy commissioner were subject to disclosure, and deputy commissioner's business calendars and notebooks were subject to disclosure. On July 9, 2003, in the Southern District Court of New York (Judge Chin) granted the plaintiffs' motion for class certification for present and former Parks and Recreation Hispanic and African-American employees. On June 8, 2005, the plaintiffs and the defendants agreed to enter into a consent decree and judgment in favor of United States of America against City of New York and New York City Department of Parks and Recreation.

On September 15, 2006, the defendants' motion for summary judgment was granted in part and denied in part. Judge Chin dismissed plaintiffs' claims of racially hostile environment on the grounds that the plaintiffs did not present enough evidence from which a reasonable jury could find a systemic culture of racial harassment or that that harassment was standard operating procedure at Parks. Judge Chin also dismissed plaintiffs' claims of discriminatory assignment of employees (segregation) and underfunding on the grounds that the plaintiffs failed to present sufficient evidence that it was Parks' standard operating procedure to make assignments based on race or engage in a policy, pattern, or practice of underfunding parks in predominantly African-American or Hispanic neighborhoods. However, defendants' motion to dismiss claims of discrimination in promotion and compensation, as well as retaliation, was denied.

On February 25, 2008, the parties finally reached a settlement agreement, which contained both injunctive and monetary relief. Among other things, it enjoined Parks from "unlawfully discriminating against any employee based on race, color or national origin with respect to salary, compensation, or in making compensation decisions." It also provided for the City to pay about 11 million dollars in settlement of all monetary claims.

On May 15, 2008, the Court (Judge Chin) finally approved the settlement agreement and the case was dismissed.

Summary Authors

Kunyi Zhang (10/12/2010)

People


Judge(s)

Chin, Denny (New York)

Dolinger, Michael H. (New York)

Fox, Kevin N. (New York)

Attorneys(s) for Plaintiff

Beldock, Myron (New York)

Boyd, Ralph F. Jr. (District of Columbia)

Comey, James B. (New York)

Goldman, Steven F (New York)

Reyes, Ramon E. Jr. (New York)

Rollings, Cynthia (New York)

Stroup, Robert H (New York)

Judge(s)

Chin, Denny (New York)

Dolinger, Michael H. (New York)

Fox, Kevin N. (New York)

Attorneys(s) for Plaintiff

Beldock, Myron (New York)

Boyd, Ralph F. Jr. (District of Columbia)

Comey, James B. (New York)

Goldman, Steven F (New York)

Reyes, Ramon E. Jr. (New York)

Rollings, Cynthia (New York)

Stroup, Robert H (New York)

Woods, Melissa S (New York)

Yankwitt, Russel Marc (New York)

Yetzer, Jody Lynn (New York)

Zornberg, Lisa R (New York)

Attorneys(s) for Defendant

Butler, Barbara B. (New York)

Cardozo, Michael A. (New York)

Comfrey, Kathleen M. (New York)

Rosenberg, Sherri R. (New York)

Steel, Lewis M (New York)

Wong, Kit (New York)

Documents in the Clearinghouse

Document

1:02-cv-04699

1:01-cv-04437

Docket (PACER)

United States v. City of New York

June 13, 2005

June 13, 2005

Docket

1:02-cv-04699

1:01-cv-04437

Docket (PACER)

Wright v. Stern

Oct. 7, 2009

Oct. 7, 2009

Docket
1

1:02-cv-04699

Complaint

United States of America v. City of New York and New York City Department of Parks and Recreation

June 18, 2002

June 18, 2002

Complaint
53

1:02-cv-04699

Discovery Order

United States v. NYC Dept Parks and Recreation

2003 WL 136090

Jan. 14, 2003

Jan. 14, 2003

Order/Opinion
71

1:02-cv-04699

Order

United States v. NYC Dept Parks and Recreation

2003 WL 21543539

July 9, 2003

July 9, 2003

Order/Opinion
190

1:01-cv-04437

Opinion

Wright v. Stern

450 F.Supp.2d 335

Sept. 15, 2006

Sept. 15, 2006

Order/Opinion
207

1:01-cv-04437

Stipulation and Order

Wright v. Stern

May 15, 2008

May 15, 2008

Order/Opinion
209

1:01-cv-04437

Final Opinion

Wright v. Stern

553 F.Supp.2d 337

May 15, 2008

May 15, 2008

Order/Opinion

Resources

Docket

Last updated Aug. 8, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 406970. (jco) (Entered: 05/25/2001)

May 24, 2001

May 24, 2001

Magistrate Judge Michael H. Dolinger is so designated. (jco) (Entered: 05/25/2001)

May 24, 2001

May 24, 2001

2

AFFIDAVIT OF SERVICE of summons and complaint as to The City of N.Y. c/o of the Corporation Counsel of the City of New York on 5/24/01. Answer due on 6/13/01 for The City of N.Y. (kw) (Entered: 05/30/2001)

May 25, 2001

May 25, 2001

4

Memo−Endorsement on letter addressed to Judge Chin from Barbara B. Butler, dated 6/13/01; the defts' time to answer or move is extended to a date to be set at the conference. ( signed by Judge Denny Chin ); Copies mailed. (sac) (Entered: 06/15/2001)

June 14, 2001

June 14, 2001

5

AMENDED ANSWER to Complaint by The City of N.Y. (kw) (Entered: 07/02/2001)

June 29, 2001

June 29, 2001

6

ANSWER to Complaint by The City of N.Y. (Attorney Barbara B. Butler from the Firm: Michael D. Hess, Corp. Counsel). (sac) (Entered: 07/09/2001)

July 3, 2001

July 3, 2001

7

AMENDED COMPLAINT by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, and Carrie Anderson (Answer due 8/20/01 for The City of N.Y. and for Henry J. Stern ) amending [1−1] complaint. Jury trial demanded. (kw) Modified on 08/14/2001 (Entered: 08/14/2001)

Aug. 6, 2001

Aug. 6, 2001

7

DEMAND for jury trial by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, and Carrie Anderson. (kw) (Entered: 08/14/2001)

Aug. 6, 2001

Aug. 6, 2001

8

STIPULATION and ORDER; tht dft. The City of New York represents and agrees that it is the legal entity responsible for implementing and will implement any legal or equitable relief which may be order by the Court in this aciton, including without limitation any injunctive relief such as requested by plaintiffs in the complaint, in light of the stipulation in parargaph 1 above, The N.Y.C. Dept. of Parks and Recreation shall be dropped as a separate party defendant and removed as a party defendant from the caption of this action ; plaintiffs agree to serve and file an amended complaint with the new caption and defendants agree that this technical and procedural amendment shall not constitute plaintiffs' amendment as of course pursuant to Federal Rule 15(a) . ( signed by Judge Denny Chin ) (pl) (Entered: 08/15/2001)

Aug. 14, 2001

Aug. 14, 2001

9

ANSWER TO THE FIRST AMENDED COMPLAINT by Henry J. Stern, The City of N.Y. (Attorney Barbara B. Butler from the Firm: Michael D. Hess). (djc) (Entered: 08/16/2001)

Aug. 15, 2001

Aug. 15, 2001

10

ORDER, regarding the Court's decision on three discovery issues: (1) plaintiffs' request for the City's computerized databases for Parks Department employees; (2) the time frame for the production of documents and computer data; and (3) the terms of a confidentiality stipulation . ( signed by Judge Denny Chin ); Copies mailed. (kw) (Entered: 01/14/2002)

Jan. 8, 2002

Jan. 8, 2002

11

STIPULATION and PROTECTIVE ORDER; regarding procedures that will govern the handling of "Confidential Materials" . ( signed by Judge Denny Chin ) (sn) (Entered: 01/15/2002)

Jan. 14, 2002

Jan. 14, 2002

12

Memo−Endorsement on letter addressed to Judge Chin from Amy F. Melican, dated 1/18/02; counsel writes to request that defendants' time to object to plaintiffs' request for fields from the Citywide Personnel System and DPR Seasonal System be extended to 2/15/02. The date for objections is extended until 2/7/02; the date for producing the data is extended until 30 calendar days after resolution of the objections . ( signed by Judge Denny Chin ); Copies mailed. (kkc) (Entered: 01/23/2002)

Jan. 23, 2002

Jan. 23, 2002

13

Memo−Endorsement on letter addressed to Judge Chin from Cynthia Rollings, dated 1/22/02. Re: plaintiffs write in response to defendants' 1/18/02 letter. My 1/22/02 Order stands. The new deadlines apply only to the Computer data in question. Document discovery shall otherwise proceed as scheduled . ( signed by Judge Denny Chin ); Copies mailed. (kw) (Entered: 01/30/2002)

Jan. 25, 2002

Jan. 25, 2002

15

Memo−Endorsement on letter addressed to Judge Chin from Amy F. Melican, dated 2/5/02; approving counsel for defts' request that defts' time to object to pltffs' request for fields from the Citywide Personnel System and DPR Seasonal Tracking System be extended to 2/11/02 ; and both parties' time to serve their responses and objections to interrogatories and document requests be extended to 2/21/02 . ( signed by Judge Denny Chin ); Copies mailed. (sn) (Entered: 02/08/2002)

Feb. 6, 2002

Feb. 6, 2002

14

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement; Referred to Magistrate Judge Michael H. Dolinger. ( signed by Judge Denny Chin ) (pl) (Entered: 02/08/2002)

Feb. 7, 2002

Feb. 7, 2002

16

ORDER; reset settlement conference for 2:30 p.m. on 3/7/02, in Courtroom 17D, 500 Pearl Street, NY, NY ; ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (djc) (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

17

ORDER, plntfs are to identify to defts the computer fields for which they require more specific descriptions of the field's contents. This is to be done at the conclusion of the conference on 3/21/02. Defts are to provide the requested information by 3/26/02, as further set forth in this document ; set oral argument for 9:00 4/15/02, on those issues ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (cd) (Entered: 03/27/2002)

March 26, 2002

March 26, 2002

18

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge Dolinger for Gen. Pretrial/After Initial Case Management Conference held by District Judge. ( signed by Judge Denny Chin ) (kg) (Entered: 03/28/2002)

March 27, 2002

March 27, 2002

19

Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from Barbara B. Butler, dated 4/9/02. Re: Counsel for defendants write to request an extension of time within which to respond to plaintiffs' letter motion regarding discovery and to respond to plaintiffs' 2nd Set of Interrogatories and Document Demands. Application granted . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (tp) Modified on 04/15/2002 (Entered: 04/15/2002)

April 10, 2002

April 10, 2002

20

Memo−Endorsement on letter addressed to Mag. Judge Dolinger from Jody L. Yetzer, dated 05/13/02; Application for extension of discovery matters granted. The schedules for briefing remaining deposition concerning document production and interrogatories is adjourned to the dates requested in this letter application; ( Plaintiffs to May 29; and defendants response to June 11 ; ( signed by Magistrate Judge Michael H. Dolinger ); mailed. (djc) (Entered: 05/17/2002)

May 14, 2002

May 14, 2002

21

ORDER, that the next day of defendant Henry J. Stern's deposition is to be conducted on 5/28/02. Defendants are to advise plaintiffs by 5/21/02 which of the following dates Lesley Webster will be made available for deposition: June 11, 18, 19, 20 or 21, 2002 ; Defendants are to serve their answers to plaintiffs' Third Set of Interrogatories by 5/22/02 ; All documents are to be produced by 5/23/02 ; The schedule for briefing any remaining document disputes remains as set by the 5/13/02 endorsed order . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (tp) (Entered: 05/24/2002)

May 22, 2002

May 22, 2002

22

Memo−Endorsement on letter addressed to Judge Dolinger from Kit T. Wong, dated 6/4/02, granting deft's request for an extension of time to 6/11/02 for defts to respond to plntfs' 5/29/02 letter brief raising outstanding discovery issues. Plntfs' time to reply to defts' 6/11/02 submissions enlarged to 6/18/02 ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (cd) (Entered: 06/11/2002)

June 7, 2002

June 7, 2002

23

ORDER; reset oral argument with respect to counsels' unresolved discovery disputes has been scheduled in this action on 7/9/02 at 2:30 p.m., in Courtroom 17D . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (pl) (Entered: 06/26/2002)

June 25, 2002

June 25, 2002

24

STIPULATION and ORDER; that this action is consolidated with action #02 cv 4699(DC) for all purposes, including discovery and trial . ( signed by Judge Denny Chin ) (jp) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

Consolidated Lead Case. (jp) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

25

ORDER; case nos. 01 cv 4437 and 02 cv 4699 have been consolidated for all purposes. Pltffs in 01 cv 4437 shall file an amended complaint to add Title VII claims by 7/18/02. Their class certification motion is due on 9/20/02. Defts shall file their opposition papers by 10/18/02, and pltff shall file their reply papers, if any, by 11/1/02. All discovery shall be completed by 12/6/02, and a pretrial conference will be held that day at 10:00 AM . ( signed by Judge Denny Chin ); Copies mailed. (sn) (Entered: 07/17/2002)

July 15, 2002

July 15, 2002

26

Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from Jody Yetzer, dated 7/12/02; Granting counsel for the parties request for the Court to modify its prior orders with regard to filing papers relating to disputes within 40 hours to allow that 48 hour period to begin to run from the close of business on Tuesday. If any issues remain requiring Court intervention, pltffs will then, within 48 hours, submit a letter brief to the Court addressing those issues . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (jp) (Entered: 07/19/2002)

July 16, 2002

July 16, 2002

27

AFFIDAVIT OF SERVICE of Second Amended Class Action Complaint by hand delivery on 7/16/02 on behalf of defendants to Barbara Butler and/or Kit Wong, Assistant Corporation Counsel. (tp) (Entered: 07/22/2002)

July 18, 2002

July 18, 2002

28

ORDER, that a pre−trial conference has been scheduled in the above−captioned action on Tuesday, August 13, 2002 at 10:00 a.m., in Courtroom 17D, 500 Pearl Street . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (dle) (Entered: 07/26/2002)

July 23, 2002

July 23, 2002

29

Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from Jody L. Yetzer, dated 7/233/02: Granting plaintiffs request for extension of time until 7/24/02 to reply to defendants' submission . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (tp) (Entered: 07/26/2002)

July 25, 2002

July 25, 2002

30

ORDER, plntfs having requested permission to intervene in 02 cv 4699, the application is hereby granted ( signed by Judge Denny Chin ); Copies mailed; also docketed in 01 cv 4699 (cd) (Entered: 07/29/2002)

July 26, 2002

July 26, 2002

31

SECOND AMENDED COMPLAINT by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson (Answer due 8/5/02 for NYC Dept. Parks, for The City of N.Y., for N.Y.C. Department, for Henry J. Stern ) (Government Answer due 8/5/02 for NYC Dept. Parks, for The City of N.Y., for N.Y.C. Department, for Henry J. Stern ) amending [1−1] complaint . Summons issued. (sb) (Entered: 07/31/2002)

July 26, 2002

July 26, 2002

32

Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from Barbara Butler, dated 7/30/02. Re: defendants write regarding a discovery dispute. If the parties are unable to resolve this matter amongst themselves, it will be dealt with at the 8/13/02 scheduled conference . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (kw) Modified on 08/07/2002 (Entered: 08/07/2002)

July 31, 2002

July 31, 2002

33

INTERVENOR'S COMPLAINT by Robert Wright, Kathleen Walder, Henry Roman, Elezabeth Rogers, David Lee Ray, Odessa Portlette, Paula Loving, angelo Colon, Jacqueline Brown, and Carrie L. Anderson against The City of N.Y., NYC Dept. Parks . Summons issued. (dle) (Entered: 08/08/2002)

Aug. 2, 2002

Aug. 2, 2002

34

AFFIDAVIT OF SERVICE of intervenors complaint as to The City of N.Y., NYC Dept. Parks by U.S.Postal Service on 7/30/02 . Answer due on 8/19/02 for The City of N.Y., for NYC Dept. Parks . (dle) (Entered: 08/08/2002)

Aug. 2, 2002

Aug. 2, 2002

35

ANSWER by Henry J. Stern, The City of N.Y. to [33−1] intervenor complaint Firm of: Corporation Counsel by attorney Barbara B. Butler for intervenor−defendant The of N.Y. (db) (Entered: 08/26/2002)

Aug. 21, 2002

Aug. 21, 2002

36

Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of July 9, 2002. (jw) (Entered: 08/30/2002)

Aug. 30, 2002

Aug. 30, 2002

37

Memo−Endorsement on letter addressed to Judge Chin from Jody Yetzer/Lewis M. Steel, dated 9/10/02, Deadline for filing of plntfs' class certification motion by 11/1/02, response due by 12/6/02, reply due by 12/23/02; Fact Discovery cutoff 1/17/03 ( signed by Judge Denny Chin ); Copies mailed. (cd) Modified on 09/19/2002 (Entered: 09/18/2002)

Sept. 17, 2002

Sept. 17, 2002

Deadline(s) updated: Response to motion deadline 12/6/02 ; Reply to response to motion deadline 12/23/02 (cd) (Entered: 09/19/2002)

Sept. 17, 2002

Sept. 17, 2002

39

Memo−Endorsement on letter addressed to Mag. Judge Dolinger from Judy L. Yetzer, dated 11/04/02; Plaintiffs' class certification motion due 11/27/02; Defendants' Response to motion deadline due 1/10/03; Plaintiffs' Reply to response to motion deadline due 1/27/03 ; (signed by Magistrate Judge Michael H. Dolinger ); Copies faxed by Chambers; (djc) (Entered: 11/07/2002)

Nov. 6, 2002

Nov. 6, 2002

40

Memo−Endorsement on letter addressed to Judge Chin from Jody Yetzer and Lewis M. Steel, dated 11/6/02. Re: parties request an enlargement of the page limitation for the memorandum of law from 25 pages to 75 pages. Application granted but only to the extend as follows: Pl. br. − 50 pages.; def. br. − 50 pages; Reply br. − 25 pages . ( signed by Judge Denny Chin ); (kw) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

41

SEALED DOCUMENT placed in vault. (js) (Entered: 12/03/2002)

Nov. 27, 2002

Nov. 27, 2002

42

NOTICE OF MOTION by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson for an order for class certification . No Return Date. (sb) (Entered: 12/04/2002)

Nov. 27, 2002

Nov. 27, 2002

43

MEMORANDUM OF LAW by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson in support of [42−1] motion for an order for class certification. Volume I of Deposition Testimony and Interview Statements and Volume II of Documentary Evidence attached. (sb) Modified on 12/04/2002 (Entered: 12/04/2002)

Nov. 27, 2002

Nov. 27, 2002

44

JOINT AFFIDAVIT of Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson in support of [42−1] motion for an order for class certification and supporting affidavits of present and former parks employees and union representative of parks employees. (sb) Modified on 12/04/2002 (Entered: 12/04/2002)

Nov. 27, 2002

Nov. 27, 2002

45

DECLARATION OF COUNSEL of Cynthia Rollings and Lewis M. by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson in support of [42−1] motion for an order for class certification . (sb) (Entered: 12/04/2002)

Nov. 27, 2002

Nov. 27, 2002

46

Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 10/15/02. (dt) (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

47

Memo−Endorsement on letter addressed to Judge Chin from A.U.S.A., dated 12/3/02. The plaintiffs request that the 12/6/02 pretrial conference be rescheduled for sometime in February 2003. The pretrial conference scheduled for 12/6/02 is adjourned until 2/21/03 at 11:00 a.m. If any party believes a conference before then to discuss settlement would be helpful, the court will schedule one. ( signed by Judge Denny Chin ) (sb) (Entered: 12/10/2002)

Dec. 6, 2002

Dec. 6, 2002

48

Memorandum to Docket Clerk:, for a conference held before Magistrate Judge Dolinger on 12/6/02 . (dle) (Entered: 12/12/2002)

Dec. 6, 2002

Dec. 6, 2002

49

Memo−Endorsement on letter addressed to Judge Chin from Barbara R. Butler, dated 12/19/02; Re: defendants respectfully sumti this letter appealing so much of Mag. Judge Dolinger's orders at the conference on 12/6/02 as set forth in this letter; upon renew of this letter, the Government's response dated 12/20/02, and the exhibits attached to both letters. Judge Dolinger's orders are affirmed in all respects . ( signed by Judge Denny Chin ); (pl) (Entered: 01/06/2003)

Dec. 30, 2002

Dec. 30, 2002

50

Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from Kit T. Wong, dated 12/30/02; granting defts until Friday, 1/3/03 to respond to the letter to Your Honor dated 12/27/02. ( signed by Magistrate Judge Michael H. Dolinger ); (sac) (Entered: 01/09/2003)

Jan. 6, 2003

Jan. 6, 2003

52

MEMORANDUM AND ORDER; at a telephone conference conducted today, counsel for the class plaintiffs applied to the court for an order precluding the participation in this lawsuit on defendants' behalf of attorneys from the law firm Clifford Chance unless that firm, or at least its individual attorneys, filed a notice of appearance. The request is denied ; ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers; (djc) Modified on 01/16/2003 (Entered: 01/15/2003)

Jan. 13, 2003

Jan. 13, 2003

53

MEMORANDUM &ORDER, Plaintiffs' application to compel further discovery response from defendants is granted in its entirety. Supplemental production of the requested documents and information is to be completed in two weeks. ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers. (sb) (Entered: 01/16/2003)

Jan. 14, 2003

Jan. 14, 2003

54

Letter filed by Henry J. Stern, The City of N.Y., NYC Dept. Parks, The City of N.Y., NYC Dept. Parks addressed to Magistrate Judge Dolinger from Kit T. Wong, dated 1/23/03, re: Counsel for defendants request a conference call between the Court and counsel for all parties. (tp) (Entered: 01/28/2003)

Jan. 24, 2003

Jan. 24, 2003

55

Letter filed by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Carrie Anderson, Jacqueline Brown, Walter Beach addressed to Magistrate Judge Dolinger from Jody L. Yetzer, dated 1/23/03, re: Counsel for plaintiffs' request that the City's objection to the deposition of Mr. Newfield be overruled. (tp) (Entered: 01/28/2003)

Jan. 24, 2003

Jan. 24, 2003

56

Letter filed by Henry J. Stern, The City of N.Y., NYC Dept. Parks, The City of N.Y., NYC Dept. Parks addressed to Magistrate Judge Dolinger from Kit. T. Wong, dated 1/23/03, re: That counsel for the defendants forward to the Court and all counsel a copy of Virgin Enters. v. American Longevity, 2001 U.S. Dist LEXIS 2315 (S.D.N.Y. 2001). (tp) (Entered: 01/28/2003)

Jan. 24, 2003

Jan. 24, 2003

57

Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 7/9/02. (yv) (Entered: 01/30/2003)

Jan. 24, 2003

Jan. 24, 2003

58

Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 12/6/02. (dt) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

59

Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 1/23/03. (jco) (Entered: 02/13/2003)

Feb. 7, 2003

Feb. 7, 2003

61

REPLY MEMORANDUM by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson re: [42−1] motion for an order for class certification . (cd) (Entered: 03/04/2003)

Feb. 28, 2003

Feb. 28, 2003

62

DECLARATION in further support, of Jody Lynn Yetzer by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson in support Re: [42−1] motion for an order for class certification . (cd) (Entered: 03/04/2003)

Feb. 28, 2003

Feb. 28, 2003

60

Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of January 23, 2003. (dt) (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

63

ORDER, Defendants appeal from Mag. Judge Dolinger's order dated 1/13/03. Judge Chin has reviewed the parties' letters. Judge Dolinger's order is affirmed in all respects. ( signed by Judge Denny Chin ); Copies faxed by Chambers. (sb) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

65

Memo−Endorsement on letter addressed to Mag. Judge Dolinger from Russell M. Yankwitt, dated 3/26/03. The Government requests that the Court order that the Government be allowed to schedule the seven hours of Commissioner Benepe's deposition for a date that is agreeable to all parties. Since the class plaintiffs will be deposing Mr. Benepe on 3/28/03, the U.S. may pursue its questioning of the witness at a later date, to be agreed to by the parties. ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers. (sb) Modified on 04/02/2003 (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

66

Memo−Endorsement on letter addressed to Judge Dolinger from Ramon E. Reyes, Jr., dated 3/27/03. Granting US's request for an extension until 4/4/03 to file reply to his motion to compel the production of documents listed on defendants' privilege logs . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by chambers. (kw) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

67

ORDER; that upon plaintiffs' application, the deadline for serving their reply papers in support of their motion to compel is extended to 4/25/03 . ( signed by Magistrate Judge Michael H. Dolinger ); copies mailed by chambers (pl) (Entered: 04/11/2003)

April 9, 2003

April 9, 2003

68

Memo−Endorsement on letter addressed to Judge Dolinger from Ramon E. Reyes, Jr., dated 4/23/03. counsel for the Government requests an indefinite extension to reply to defendants' 3/24/03 submission in opposition to the Government's motion to compel the production of non−privileged documents. Appliction for an "indefinite" extension denied. The parties are to pursue their efforts to resolve the privilege issues, and will be required, by 5/15/03 either to (a) complete their briefing or (b) report to the Court in writing the status of their efforts to resolve these issues, if those efforts are still ongoing . ( signed by Magistrate Judge Michael H. Dolinger ); (yv) (Entered: 04/25/2003)

April 24, 2003

April 24, 2003

69

ORDER, that if defendants intend to oppose the plaintiffs' revised application to compel production, which is embodied in a letter to the Court dated 5/30/03, they are to serve and file papers, including, where appropriate, affidavits, by no later than 7/3/03 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers. (tp) (Entered: 07/02/2003)

June 30, 2003

June 30, 2003

70

SUPPLEMENTAL STIPULATION and PROTECTIVE ORDER, regarding procedures to be followed that shall govern the handling of confidential materials . ( signed by Magistrate Judge Michael H. Dolinger ). Copies mailed by Chambers. (tp) (Entered: 07/02/2003)

June 30, 2003

June 30, 2003

71

ORDER; granting [42−1] motion for an order for class certification. Judge Chin holds that plaintiffs satisfy the criteria for class certification under Rule 23 and hence their motion for class certification is granted. Plaintiffs shall submit a proposed order on notice within 5 business days hereof. ( signed by Judge Denny Chin ); Copies picked up by Counsel of Record. (sb) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

72

ORDER; this action is certified as a class action pursuant to Rule 23(b)(2) of the F.R.C.P.; the class shall consist of all former and present African−American and Hispanic full−time employees of the Dept. of Parks and Recreation of the City of New York employed at any time since 5/24/98 . ( signed by Judge Denny Chin ); (pl) (Entered: 07/28/2003)

July 25, 2003

July 25, 2003

73

ORDER; that we direct that defendants produce the remaining documents at issue within seven days if they have not already been produced . ( signed by Magistrate Judge Michael H. Dolinger ); copies mailed by chambers (pl) Modified on 07/30/2003 (Entered: 07/30/2003)

July 29, 2003

July 29, 2003

74

Memo−Endorsement on letter addressed to Judge Dolinger from Barbara B. Butler, dated 8/19/03. Granting defendants' request for an extension until 8/28/03 to respond to the Court's letter dated 8/8/03. No further extension. Plaintiffs will have one week to reply . ( signed by Magistrate Judge Michael H. Dolinger ); (kw) (Entered: 09/03/2003)

Aug. 29, 2003

Aug. 29, 2003

75

Memo−Endorsement on letter addressed to Mag. Judge Doligner from Sherri R. Rosenberg; granting requests for extension of time to respond to Wright Plaintiffs' 8/25/03 Letter re: Attorney Client Privilege and Attorney Work Product Protections . ( signed by Magistrate Judge Michael H. Dolinger ); (pl) (Entered: 09/03/2003)

Sept. 2, 2003

Sept. 2, 2003

77

ORDER, in the absence of any justification for precluding the depositions of Messrs. Riley, Friedenberg, Ms. Daniels, and Ms. O'Keefe, the parties are to schedule and take them. If any of these witnesses is not subject to a notice of deposition without subpoena, the deposing party is to promptly arrange for service of a subpoena . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers on 10/20/03. (yv) (Entered: 10/22/2003)

Oct. 20, 2003

Oct. 20, 2003

78

Memo−Endorsement on letter addressed to Judge Chin from Myron Beldock and Lewis M. Steel, dated 10/10/03. Granting plaintiffs' request that the NAACP Legal Defense and Educational Fund, Inc. become co−counsel of record for the plaintiff class . signed by Judge Denny Chin ); Copies faxed by chambers. (kw) (Entered: 10/23/2003)

Oct. 20, 2003

Oct. 20, 2003

79

NOTICE of attorney appearance for Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson by Robert H. Stroup. (moc) (Entered: 11/05/2003)

Nov. 3, 2003

Nov. 3, 2003

80

NOTICE of attorney appearance for Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson by Melissa S. Woods. (moc) (Entered: 11/05/2003)

Nov. 3, 2003

Nov. 3, 2003

Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 9/24/03.Original Filed in case#02cv4699, Doc.#14. (df) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

81

ORDER; By letter dated October 23, 2003, defendant requests that the Court redefine the class to exclude class members noticed to be deposed by plaintiffs who have decided they do not want to be included in the class. Plaintiffs oppose the request. The request for redefinition of the clss is denied with the caveats as stated in this Order ; ( signed by Judge Denny Chin ); Copies faxed by Chambers; (djc) (Entered: 11/12/2003)

Nov. 10, 2003

Nov. 10, 2003

82

ORDER, that a pretrial conference has been scheduled in this action on Friday 11/21/03 at 12:00 noon, at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, NY 10007 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers. (tp) (Entered: 11/20/2003)

Nov. 18, 2003

Nov. 18, 2003

83

TRANSCRIPT of proceedings held on 10/21/03 before Judge Michael H. Dolinger.(jf, ) (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

84

ENDORSED LETTER addressed to Magistrate Judge Dolinger from Sherri R. Rosenberg dated 12/22/03 re: Counsel requests that defendants have until 12/29/03 to respond to the letter dated 12/18/03 from counsel for Wright plaintiffs regarding discovery issues requiring court intervention. Application granted. (Signed by Judge Michael H. Dolinger on 12/22/03) (sb, ) (Entered: 01/15/2004)

Dec. 30, 2003

Dec. 30, 2003

85

MEMORANDUM ℴ The Court directs that plaintiffs' counsel advise defendants' attorneys in writing of the names and positions (if known) of any current employees of the Department whom they may wish to interview, as further set forth on this order. The Court directs taht plaintiffs' counsel refrain from seeking to elicit from any present or former Department employee any attorney−client communications, and (2) that defendants refrain from any suggestion or instruction to a Department employee who is to be interviewed by plaintiffs' representatives that the employee should not do so. Plaintiffs' counsel is to advise the employee that he or she is free to decline. (Signed by Judge Michael H. Dolinger on 12/24/03) Copies Mailed By Chambers.(sb, ) (Entered: 01/15/2004)

Dec. 30, 2003

Dec. 30, 2003

86

TRANSCRIPT of proceedings held on 1/7/04 before Judge Michael H. Dolinger.(pr, ) (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

87

TRANSCRIPT of proceedings held on 2/24/04 before Judge Michael H. Dolinger.(cd, ) (Entered: 03/09/2004)

March 4, 2004

March 4, 2004

88

TRANSCRIPT of proceedings held on 1/7/04 before Judge Michael H. Dolinger.(tr, ) (Entered: 03/25/2004)

March 25, 2004

March 25, 2004

89

ORDER the application by plaintiffs for further examination of David Stark on topics other than those specified in the endorsed order dated 3/24/04 is denied. So Ordered. (Signed by Judge Michael H. Dolinger on 3/25/04) "Copies Mailed By Chambers".(jco, ) (Entered: 03/30/2004)

March 29, 2004

March 29, 2004

90

ENDORSED LETTER addressed to Judge Michael H. Dolinger from Kathleen M. Comfrey dated 3/24/04 re: Counsel for defendants writes in response to the U.S. 3/23/04 letter request to the Court for permission to continue the deposition of David Starks, a Parks Department employee, for a third day. Plaintiffs and the Government may take the depositions of Mr. Stark for one hour and Mr. Wong for two hours in the subject of the "Mangerial Posters". The court will not otherwise limit the subject−matter of these brief depositions. The parties are to schedule them promptly. (Signed by Judge Michael H. Dolinger on 3/24/04) "Copies Faxed By Chambers"(jco, ) (Entered: 03/31/2004)

March 29, 2004

March 29, 2004

91

ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Kathleen M. Comfrey dated 3/25/04 re: defendant requests the Court's permission to serve a set of contention interrogatories that may exceed the limit of 25 permitted by Rule 33(a) of the FRCP. Defendants may serve contention interrogatories on the same schedule as requested &Order. The Court declines to approve in advance the use of an unspecified number of interrogatories in excess of twenty five. (Signed by Judge Michael H. Dolinger on 3/29/04) (kw, ) Modified on 4/5/2004 (kg, ). (Entered: 04/02/2004)

March 30, 2004

March 30, 2004

92

TRANSCRIPT of proceedings held on 2/24/04 before Judge Michael H. Dolinger.(dfe, ) (Entered: 04/02/2004)

April 2, 2004

April 2, 2004

93

TRANSCRIPT of proceedings held on 2/24/04 before Judge Michael H. Dolinger.(dfe, ) (Entered: 04/02/2004)

April 2, 2004

April 2, 2004

94

ENDORSED LETTER addressed to Judge Michael H. Dolinger from Kathleen M. Comfrey dated 4/21/04 re: Counsel on behalf of all parties write to request that the Court approve certain modifications to the schedule for the sanction motions, responses to requests for admissions and contention interrogatories, and expert discovery as further set forth in this letter. The proposed modified pretrial schedule is adopted. (Signed by Judge Michael H. Dolinger on 4/22/04) Filed In Associated Cases: 1:01−cv−04437−DC−MHD,1:02−cv−04699−DC−MHD(jco, ) (Entered: 04/28/2004)

April 27, 2004

April 27, 2004

95

ENDORSED LETTER addressed to Mag. Judge Dolinger from Kathleen M. Comfrey dated 5/3/04 re: granting dft requests for a two day extension of time to serve their sanctions' motion. (Signed by Judge Michael H. Dolinger on 5/3/04) Copies mailed by chambers.(pl, ) (Entered: 05/05/2004)

May 4, 2004

May 4, 2004

96

MOTION for Sanctions. Document filed by Carrie Anderson, Walter Beach, Jacqueline Brown, Angelo Colon, Paula Loving, Odessa Portlette, David Ray, Elizabeth Rogers, Henry Roman, Kathleen Walker, Robert Wright. Affidavit of Vekker and Declaration of Yetzer attached. (jco, ) (Entered: 05/10/2004)

May 7, 2004

May 7, 2004

97

MEMORANDUM OF LAW in Support re: 96 MOTION for Sanctions. (jco, ) Appendix to class plaintiffs' motion sanctions attached. (Entered: 05/10/2004)

May 7, 2004

May 7, 2004

98

ORDER; upon the declaration of Lewis M. Steel and the consent of the parties it is Ordered that Lewis M. Steel is substituted for the law firm of Sttel Bellman Ritz and Clark, P.C. as one of the attorneys for the plaintiffs and the class they represent. (Signed by Judge Denny Chin on 5/11/04) copies faxed by chambers.(djc, ) (Entered: 05/14/2004 (copies faxed by chambers. (Entered: 05/14/2004)

May 12, 2004

May 12, 2004

99

TRANSCRIPT of proceedings held on 6/8/04 before Judge Michael H. Dolinger.(dfe, ) (Entered: 06/23/2004)

June 23, 2004

June 23, 2004

100

TRANSCRIPT of proceedings held on 6/8/04 at 4:00 p.m. before Judge Michael H. Dolinger.(ph, ) (Entered: 07/23/2004)

July 7, 2004

July 7, 2004

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: June 18, 2002

Closing Date: Dec. 31, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of Latino and African-American Parks and Recreation employees

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York), City

Defendant Type(s):

Parks

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 11,869,856.25

Order Duration: 2005 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Other requirements regarding hiring, promotion, retention

Provide antidiscrimination training

Retaliation Prohibition

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

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

Promotion

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

Affected Gender:

Female

Male