Case: United States of America and the Vulcan Society v. City of New York

1:07-cv-02067 | U.S. District Court for the Eastern District of New York

Filed Date: May 21, 2007

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 21, 2007, the U.S. Department of Justice ("DOJ") filed a lawsuit on behalf of United States of America against the City of New York under Title VII of the Civil Rights Act of 1964 in the U.S. District Court for the Eastern District of New York, Brooklyn Division. On July 17, 2007, the Vulcan Society--an organization of Black firefighters, and three individuals, filed an Intervenor's Complaint. Plaintiffs sued to enforce the right of Black and Hispanic candidates to be treated fairly in t…

On May 21, 2007, the U.S. Department of Justice ("DOJ") filed a lawsuit on behalf of United States of America against the City of New York under Title VII of the Civil Rights Act of 1964 in the U.S. District Court for the Eastern District of New York, Brooklyn Division. On July 17, 2007, the Vulcan Society--an organization of Black firefighters, and three individuals, filed an Intervenor's Complaint. Plaintiffs sued to enforce the right of Black and Hispanic candidates to be treated fairly in the application process for positions in the New York City Fire Department ("FDNY"). Specifically, Plaintiffs challenged the City's reliance on two written examinations that were used to appoint entry-level firefighters to classes at the New York City Fire Academy ("Academy"). These examinations--Written Examination 7029 and Written Examination 2043--were administered from 1999 to 2007, and the City had appointed more than 5,300 entry-level firefighters based on the test's results. Although Plaintiffs identified approximately 3,100 of the examination candidates as Black and approximately 4,200 of the examination candidates as Hispanic, the City had appointed just 184 Black firefighters and 461 Hispanic firefighters from the challenged examinations.

Plaintiffs asserted that the City's reliance on Exams 7029 and 2043 in selecting entry-level firefighters had had a disparate impact on Black and Hispanic candidates in violation of Title VII. The Intervenors also claimed, under a disparate treatment theory, that the City, two city agencies, the Mayor and the Fire Commissioner had long been aware of the discriminatory impact on Blacks of their examination process, and that their continued reliance on and perpetuation of these racially discriminatory hiring processes constituted intentional race discrimination.

To remedy these claimed violations, Plaintiffs sought various forms of injunctive and monetary relief. The United States sought to enjoin the City from engaging in discriminatory practices against Black individuals on the basis of race and against Hispanics on the basis of national origin, and sought a specific injunction against the practices challenged in this case. It also asked the court to order the City to take appropriate action to correct the present effects of its discriminatory policies and practices and to enjoin it from failing to "make whole" those harmed by the City's policies and practices.

The Intervening Plaintiffs sought similar, but broader relief, including an injunction requiring the City to appoint entry-level firefighters from among qualified Black applicants in sufficient numbers to offset the historic pattern and practice of discrimination against Blacks in testing and appointment to that position. The Intervenors sought to require the City to recruit Black candidates and implement and improve long-range recruitment programs and to provide future test scores, appointment criteria, eligibility lists, appointment data, and all other information necessary to conduct an adverse impact and job-relatedness analysis of the examination and selection process. The Intervenors also sought damages and other fees.

On September 5, 2007, the Court (Judge Nicholas G. Garaufis) issued an order to bifurcate the liability and relief phases, and permitted intervention by the Intervenors. On July 25, 2008, the Court denied the Intervenors' motion to amend their Complaint, but on January 28, 2009, declined to dismiss the Intervenors' Complaint on timeliness grounds. On May 11, 2009, in a published opinion, the Court certified a class consisting of Black applicants for the position of entry-level firefighter. United States v. City of New York, 258 F.R.D. 47.

On July 22, 2009, the Court concluded that Plaintiffs had established a prima facie case that the City's use of the two written examinations had resulted in a disparate impact upon Black and Hispanic applicants for the position of entry-level firefighter. The Court also concluded that the City had failed to present sufficient evidence that business needs justified its employment practices. Therefore, the Court granted Plaintiffs' Motions for Summary Judgment in their entirety. This ruling established that the City was liable for disparate-impact discrimination under Title VII. 637 F.Supp.2d 77.

On January 13, 2010, in a published order, the Court held that the City's use of these two examinations constituted a pattern and practice of intentional discrimination against Blacks, in violation of the Fourteenth Amendment to the United States Constitution, Title VII of the Civil Rights Act of 1964, and State and City Human Rights Laws. 683 F. Supp. 2d 225.

On January 21, 2010, in another published order, the Court expressly did not order any particular form of relief. Instead, the Court "outlined the broad contours of relief and resolves several basic disputes regarding the implementation of a remedy." In essence, the Court concluded that two broad forms of relief were needed to remedy the City's discrimination: (1) compensation for the identified victims of the City's discriminatory testing practices, and (2) compliance measures to ensure that the City implements and administers a fair and job-related test for entry-level firefighters. The Court noted that these forms of relief were simple in concept, but would be complex in execution. Achieving these basic aims would require ongoing oversight, attention to myriad details, and resolution of disputes among the parties. 681 F. Supp. 2d 274.

Following these decisions, the Court issued a preliminary relief order directing the parties to take certain actions to begin remedying the City's violations. Among other things, the Court directed the parties to prepare for a hearing (the "6019 Hearing") regarding the validity of Exam 6019, which in turn would determine whether and how the City could hire from the Exam 6019 eligibility list on an interim basis while a new, valid selection procedure was being developed.

On August 4, 2010, in a published opinion, the Court held that the City failed to carry its burden to demonstrate that its use of Exam 6019 as a pass/fail and rank-ordering device was job-related and justified by business necessity. Therefore, the Court concluded that the City's use of Exam 6019 did not comply with Title VII. Accordingly, the Court restrained and enjoined the City from taking any further steps to initiate or finalize a fire academy class using the Exam 6019 eligibility list until October 1, 2010. 731 F. Supp. 2d 291.

On October 19, 2010, the Court permanently enjoined the City from hiring firefighters based on the results of Exam 6019, except under one of the interim approaches already endorsed by the Court. 2010 WL 4137536.

On June 6, 2011, the Court granted in part and denied in part Plaintiff-Intervenors' motion for continued remedial-phase certification of the class of Black victims of the City's discrimination that the Court had conditionally certified at the beginning of the remedial phase of the litigation. In that Order, the Court certified noneconomic loss and injunctive relief subclasses, each comprised of Black non-hire and delayed-hire victims of the City's discrimination. The Court appointed the three individual Intervenors as representatives of the noneconomic loss subclass, and the Vulcan Society as representative of the injunctive relief subclass. 2011 WL 2259640.

With respect to issues of "make-whole" relief, including backpay and benefits, priority hiring, and retroactive seniority, the court denied Plaintiff-Intervenors' motion for certification of a single class represented by the Vulcan Society, but permitted Plaintiff-Intervenors to move for certification of non-hire victim and delayed-hire victim subclasses as to issues of make-whole relief as long as they were represented by individual subclass members.

Before the Supreme Court's decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (U.S. 2011) ("the Wal-Mart decision"), Plaintiff-Intervenors contended that the two subclasses should be certified as mandatory subclasses under Rule 23(b)(2). In the alternative, they argued that they also qualified for certification under Rule 23(b)(3). After Plaintiff-Intervenors filed their motion for certification of the two subclasses, the Wal-Mart decision was issued on June 20, 2011. The Court ordered the parties to submit additional briefing addressing the effect of the Wal-Mart decision on the pending motions for certification of the two subclasses. The parties filed letters stating their views on the Wal-Mart decision on June 21, 2011.

On July 8, 2011, in a published order, the Court addressed the effect of the Wal-Mart decision. Applying Wal-Mart, the Court denied the City's motion to decertify the liability-phase class; denied Plaintiff-Intervenors' motion for summary judgment as to compensatory damages for noneconomic losses; and under Federal Rule of Civil Procedure 23(b)(3), certified the non-hire and delayed-hire victim subclasses as to common remedial-phase issues. 276 F.R.D. 22.

On July 11, 2011, the court granted Plaintiff-Intervenors' Motion to compel the City to reduce the application fee for Exam No. 2000 from $54.00 to $30.00. On July 13, 2011, the court issued an order approving changes made to the next entry-level examinations, including inclusion of questions on race and gender. 2011 WL 2745940.

On September 30, 2011, following a bench trial on injunctive relief, the Court issued a memorandum on findings of fact. 2011 WL 7661518. On October 5, 2011, the court issued an order containing a draft remedial order and informing parties of its intention to enter a permanent injunction, after reasoning that the court's involvement in remedying discrimination is required due to the City's historic lack of response to it. It aimed at compelling the City to undertake a court-guided institutional reform with several general injunctions and only few specific instructions. The draft remedial order also contemplated retention of jurisdiction by the Court for at least ten years and appointment of a Court Monitor to assess implementation of orders. 2011 WL 4639832.

The court issued an order granting partial judgment and a permanent injunction on December 8, 2011. The order contained several permanent injunctions: 1) the City was enjoined from using policies previously found unlawful by the Court, or any other policies that have a disparate impact on Black or Hispanic applicants; 2) prohibition of discrimination on the basis of race or national origin in the City's recruitment and selection processes; 3) prohibition on retaliation. The order also contained more specific remedies, including, among others: 1) development of an optional survey to assess effectiveness of its selection procedures with an independent recruitment consultant; 2) mitigating effects of voluntary attrition plans on Hispanics and Blacks; 3) more comprehensive screening procedure; 4) assessment of its compliance with employment laws. The Court retained jurisdiction over the matter until the City's examinations, recruitment, selection and other procedures no longer had a disparate impact on Blacks and Hispanics, and, in any event, the court's jurisdiction to modify or enforce the order would not lapse until the later of January 1, 2022, or expiration of the City's next two civil hiring lists for entry-level firefighters. 2011 WL 6131136. On December 9, 2011, the defendants filed a notice of appeal of the order to the Second Circuit Court of Appeals.

On February 1, 2012, the District Court denied a motion to intervene by a firefighters' union without prejudice regarding priority hiring eligibility, granted the motion with respect to the City's motion for a change in examination objection policy. 2012 WL 3134353. It also denied an individual's motion to intervene, and granted the plaintiff-intervenor's motion for partial final judgment on the issue of individual liability of the Mayor and other officials. On February 2, 2012, the plaintiff-intervenors appealed the Court's partial final judgment.

On March 8, 2012, the Court issued an order denying summary judgment for the plaintiffs as to backpay liability because certain issues had to be resolved on an individual basis, but found there was no question that backpay was due. The pre-mitigation backpay was estimated to be $126,696,803.00 by statistical analysis. The court also permitted the City to amend its response to claim of failure to mitigate damages by the plaintiffs. The court also decided the issue of eligibility for backpay, settling on the definition of non-hire claimant and delayed-hire claimant. The former included any Black or Hispanic applicant who failed written exams 7029 or 2043 and did not gain position of entry-level firefighter, or passed exam 2043 and failed to gain the same position. The latter included any Black or Hispanic applicant who failed or passed written exams 7029 or 2043, but did not gain position of entry-level firefighter after a certain date. The definitions also included other qualifications, such as speaking English, not having a criminal record of a felony, and being of a certain age. The Court also denied the City's motion to delay individual relief determinations pending its appeal of the earlier summary judgment. 847 F. Supp. 2d 395.

The proceedings continued with the matters concerning the fairness hearing on the relief granted to two classes of complainants. On September 28, 2012, the Court granted the City's motion to use Exam 2000 to create a list of eligible applicants. 2012 WL 4503253. Following a fairness hearing, the Court determined that none of the objections merited a change in the proposed relief order, and issued a final relief order on October 26, 2012. The final relief incorporate the proposed relief order and all the orders made by the Court in the interim (such as calculating backpay). 905 F. Supp. 2d 438.

On May 14, 2013, the Second Circuit issued its decision on the City's appeal of the injunction against hiring entry-level firefighters, summary judgment against it on disparate treatment of January 13, 2010, and the plaintiff-intervenors' cross-appeal on individual liability of the Mayor and other officials. The Second Circuit vacated summary judgment against the City on disparate treatment, reasoning that the City met its burden of production to rebut the prima facie case of discrimination. It also found that there was sufficient evidence for an individual claim against the Commissioner based on federal law. In light of vacating the summary judgment, the Second Circuit ruled that certain provisions of the injunction had to be modified, wherever it referenced disparate treatment by the defendants. In all other respects, the injunction was affirmed. The disparate treatment issue was remanded for a trial with an order that a different judge preside over the proceedings. 717 F.3d 72.

On August 30, 2013, the District Court granted the plaintiff-intervenors attorney's fees in the amount of $3,707,313.29. The expert's fees were denied without prejudice. 2013 WL 5542459.

On June 3, 2013, the District Court issued an order allowing the plaintiffs to seek noneconomic compensatory damages under New York State Human Rights Law and New York City Human Rights Law, based on the disparate impact claims. Afterwards, the Court continued to review the Special Masters' reports and approving lists of priority hires, and denying some claimants (for example, see Docket Entry No. 1182). 2013 WL 12318105.

On January 30, 2014, the District Court granted in part the plaintiff-intervenors' expert fees in the amounts of $198,751.11, $5,856.00 and $33,642.00. 2014 WL 347605.

On March 18, 2014, the District Court received a letter that the plaintiffs and the City settled as to the disparate treatment dispute. On April 22, 2014, both parties filed a joint motion for provisional approval of the settlement, which was granted on April 28, 2014. The stipulation contained promises by the City to better recruit minority firefighters and creation of a position at FDNY for that purpose. According to the New York Times, the new Mayor of New York, Bill de Blasio, decided to settle the case and agreed to pay nearly $100 million in backpay to minorities.

About six months later, the United States proposed a schedule of individual monetary awards for victims of discrimination. On March 11, 2015, Judge Garaufis accepted a modified form of the United States' proposal to resolve outstanding claims for backpay and fringe benefits. The order awarded a total of $99,098,358.29 to plaintiffs and included detailed procedures for allocating the award across plaintiffs based on the plaintiffs' individual circumstances. In addition, the City reimbursed $150,000 in costs to the United States but was not required to pay attorneys' fees. The Intervenors and the agreed to negotiate in good faith to arrive at reasonable attorneys' fees.

The court decided that the total settlement was fair, placing particular stress on the fact that some plaintiffs had been injured 15 years ago. It also noted that individual plaintiffs were generally favorable towards the settlement. Turning to the allocation scheme, the court recognized a paucity of precedent but decided that the formula was "lawful, consistent with the public interest, fair, reasonable, and adequate." In addition, Judge Garaufis rejected objections by individual plaintiffs that had surfaced during the preceding year.

Judge Garaufis also noted that the City made a series of offers of judgment starting in April 2014 to Black claimants who suffered non-economic harm. 2015 WL 1063403.

On April 16, 2015, Judge Garaufis ordered the City to pay back interest on claimant's employee pension contributions. Balancing the City's interests with those of the plaintiffs, Judge Garaufis found that Title VII's "make whole" imperative outweighs the City's potential savings. 2015 WL 1800245.

In a June 5, 2015 order, Judge Garaufis adopted the parties' joint stipulation on the Intervenors' intentional discrimination claims. The City agreed to:

  • Recruit Black test-takers in proportion to the total population, plus 3% to correct past discrimination;
  • Appoint a Chief Diversity and Inclusion Officer to promote diversity;
  • Disclose medical standards to candidates;
  • Place firefighters in companies close to where they live, as practical; and
  • Engage in outreach activities at local schools and colleges. 308 F.R.D. 53.
  • Over the next year, the court continued to enforce the settlement agreements. In particular, the court awarded several money judgments to individual claimants found eligible by Special Masters. In addition, the City awarded $30,950 to a firefighter who alleged retaliation by the Fire Department as part of a December 31, 2015 settlement agreement.

On February 18, 2016, Judge Garaufis preliminarily approved a settlement awarding $9.5 million in attorneys' fees to the Intervenors. Few class members objected to the fee award. Noting that fee awards are permissible in class actions and that $9.5 million was reasonable in light of the time spent and success obtained by the Intervenors, Judge Garaufis issued final approval of the award on June 16, 2016. 2016 WL 3417218.

The parties adopted the Second Amended Protective Order on November 20, 2017, to help ensure the privacy of the class members. The Order define "confidential material" to include anything that contained identifying information of current or former firefighters or applicants and restricted use of such material to the litigation. In addition, the Order restricted how the parties could disseminate confidential information to third parties.

As of April 12, 2021, the monitor continues to submit quarterly reports detailing the city's advances in diversity hiring. Its most recent report was filed on February 1, 2021. The case remains ongoing.

Summary Authors

Xin Chen (8/3/2011)

Zhandos Kuderin (7/21/2014)

Timothy Leake (12/6/2018)

Jonah Hudson-Erdman (4/12/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5502126/parties/united-states-v-city-of-new-york/


Judge(s)

Garaufis, Nicholas (New York)

Mann, Roanne L. (New York)

Newman, Jon Ormond (New York)

Pooler, Rosemary S. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Abdulaleem, Raheemah (District of Columbia)

Bachman, Eric (District of Columbia)

Burrell, Meredith (District of Columbia)

Eskew, David Michael (New York)

Friedman, Leon (New York)

Judge(s)

Garaufis, Nicholas (New York)

Mann, Roanne L. (New York)

Newman, Jon Ormond (New York)

Pooler, Rosemary S. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Abdulaleem, Raheemah (District of Columbia)

Bachman, Eric (District of Columbia)

Burrell, Meredith (District of Columbia)

Eskew, David Michael (New York)

Friedman, Leon (New York)

Funk, Hilary (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Geller, Clare F (District of Columbia)

Goldberger, Michael J. (New York)

Hussain, Varda (District of Columbia)

Kim, Wan J. (District of Columbia)

Ladewski, Kathryn (District of Columbia)

Morgenthau, Robert M. (New York)

Palmer, David J. (District of Columbia)

Reese, David Nathan (District of Columbia)

Ruckert, Karen P. (District of Columbia)

Schachner, Elliot M. (New York)

Schwabauer, Barbara A. (District of Columbia)

Seeley, Sharon (District of Columbia)

Speck, Elizabeth A. (District of Columbia)

Stahl, Kenneth A. (New York)

Swedish, Jennifer (District of Columbia)

Townsend, Allan K. (District of Columbia)

Weiss, Carolyn P. (District of Columbia)

White, Mary Jo (New York)

Attorneys(s) for Defendant

Barker, Kami Zumbach (New York)

Cardozo, Michael A. (New York)

Carter, Zachary W. (New York)

Comfrey, Kathleen M. (New York)

Eichenholtz, Eric J. (New York)

Fraenkel, William S.J. (New York)

Lemonedes, James M. (New York)

McNally, Keri Reid (New York)

Miller, Patricia B. (New York)

Pestana, Georgia (New York)

Ranada, Vivien V. (New York)

Rubinstein, Yuval (District of Columbia)

Sample, Edward Lee II (New York)

Schmelzer, Leah S. (New York)

Sullivan, Donald C. (New York)

Traverse, Benjamin J. (New York)

Other Attorney(s)

Abernethy, Jonathan S. (New York)

Barday, Shireen Anneke (New York)

Belovin, Allyson L. (New York)

Betheil, Richard M. (New York)

Block, Michael (New York)

Charney, Darius (New York)

Galleshaw, James J. (New York)

Gresser, Lawrence T. (New York)

Kadidal, Shayana (New York)

Kahan, Rebecca Sarah (New York)

Kaswan, Beth A. (New York)

Levy, Richard Alan (New York)

Lossia, Dana E (New York)

Povolny, Matthew Vincent (New York)

Samant, Anjana (New York)

Schwarz, Ghita (New York)

Scolnick, Judith (New York)

Stroup, Robert H (New York)

Wald, Alexandra Sarah (New York)

Young, Chauniqua Danielle (New York)

Expert/Monitor/Master

Cohen, Mark S. (New York)

Gonzalez, Hector (New York)

Hormozi, Mitra (New York)

Jones, Barbara S. (New York)

Lynaugh, Margaret E. (New York)

Peace, Breon S. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

United States of America v. City of New York

April 12, 2021 Docket

Complaint

United States of America v. City of New York

May 21, 2007 Complaint
16

Proposed Intervenor's Memorandum of Law in Support of Motion

United States of America v. City of New York

July 11, 2007 Pleading / Motion / Brief
20

Intervenor's Complaint and Demand for Jury Trial

United States of America v. City of New York

July 17, 2007 Complaint
25

Proposed Intervenors-Plaintiff's Memorandum of Law in Support of Their Motion to Intervene as of Right

United States of America v. City of New York

July 23, 2007 Pleading / Motion / Brief

Memorandum and Order (Regarding Bifurcation and Intervention)

United States of American v. City of New York

2007 WL 2581911

Sept. 5, 2007 Order/Opinion
48

Plaintiffs-Intervenors' Complaint

United States of America v. City of New York

Sept. 25, 2007 Complaint
121

Memorandum of Law in Support of Plaintiffs-Intervenors' Motion for the Certification of a Class

United States of America v. City of New York

April 25, 2008 Pleading / Motion / Brief
156

Defendants' Memorandum of Law in Support of their Partial Motion to Dismiss the Plaintiffs-Intervenors' Complaint

United States of America v. City of New York

June 4, 2008 Pleading / Motion / Brief

Memorandum and Order (Denying Motion to Dismiss)

United States of America v. City of New York

2009 WL 212154

Jan. 28, 2009 Order/Opinion

Resources

Title Description External URL

United States of America and Vulcan Society, Inc. v. City of New York

Center for Constitutional Rights

United States and Vulcan Society v. City of New York is a class action lawsuit that charges the New York City Fire Department with racially discriminatory hiring practices that violate Title VII of t… June 15, 2016 https://ccrjustice.org/home/what-we-do/our-cases/united-states-america-and-vulcan-society-inc-v-city-new-york

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5502126/united-states-v-city-of-new-york/

Last updated May 16, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against City of New York, filed by United States of America. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 05/21/2007)

1 Civil Cover Sheet

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2 Civil Cover Sheet

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May 21, 2007 RECAP

Summons Issued as to City of New York. (Bowens, Priscilla)

May 21, 2007 PACER
2

NOTICE of Appearance by Sharon Seeley on behalf of United States of America (aty to be noticed) (Attachments: # 1 Certificate of Service) (Seeley, Sharon) (Entered: 05/23/2007)

2 Certificate of Service

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May 23, 2007 PACER

Case reassigned to Judge Nicholas G. Garaufis. Judge Sandra J. Feuerstein no longer assigned to the case. (Bowens, Priscilla)

May 24, 2007 PACER
3

NOTICE of Appearance by Georgia Mary Pestana on behalf of City of New York (aty to be noticed) (Pestana, Georgia) (Entered: 05/31/2007)

May 31, 2007 PACER
4

SUMMONS Returned Executed by United States of America. City of New York served on 5/29/2007, answer due 6/18/2007. (Stahl, Kenneth) (Entered: 05/31/2007)

May 31, 2007 PACER

Minute Entry for proceedings held before Nicholas G. Garaufis: Status Conference held on 6/5/2007. Elliot Schachner, Kenneth Stahl, and Sharon Seeley appeared for the United States. Georgia Pestana appeared for New York City. New York City has been served with the complaint and currently intends to file a timely answer. The court ordered that discovery shall be expedited. (Lifshitz, Allon)

June 5, 2007 PACER
5

NOTICE of Appearance by Clare F. Geller on behalf of United States of America (aty to be noticed) (Attachments: # 1 Certificate of Service) (Geller, Clare) (Entered: 06/11/2007)

2 Certificate of Service

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June 11, 2007 PACER
6

Letter to Honorable Nicholas G. Garaufis from Elliot M. Schachner, AUSA regarding disclosure at June 5, 2007, conference by United States of America (Schachner, Elliot) (Entered: 06/13/2007)

June 13, 2007 PACER
7

NOTICE of Appearance by David Nathan Reese on behalf of United States of America (aty to be noticed) (Attachments: # 1 Certificate of Service) (Reese, David) (Entered: 06/13/2007)

2 Certificate of Service

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June 13, 2007 PACER
8

ANSWER to Complaint by all defendants. (Pestana, Georgia) (Entered: 06/18/2007)

June 18, 2007 PACER
9

SCHEDULING ORDER:Initial Conference set for 7/11/2007 12:00 PM in 13C South before Magistrate-Judge Roanne L. Mann. Ordered by Judge Roanne L. Mann on 07/19/07. (Maynard, Pat) (Entered: 06/19/2007)

June 19, 2007 PACER
10

Letter Requesting Brief Continuance of Initial Conference Scheduled for July 11, 2007 by United States of America (Attachments: # 1 June 26, 2007 letter from Levy) (Seeley, Sharon) (Entered: 06/27/2007)

2 June 26, 2007 letter from Levy

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June 27, 2007 PACER
11

ORDER re 10 Letter filed by United States of America. Application granted. The 7/11/07 conference is adjourned to 7/24/07 at 11:30 a.m. No further adjournments will be granted. Ordered by Judge Roanne L. Mann on 06/28/07. (Maynard, Pat) (Entered: 06/28/2007)

June 28, 2007 PACER
12

MOTION to Intervene Via Letter Request by Uniformed Firefighters Association. (Block, Michael) (Entered: 07/06/2007)

July 6, 2007 RECAP
13

ORDER granting 12 Motion to Intervene and briefing schedule as follows: The moving papers on behalf of the UFA to be served by July 11, 2007, any opposition papers to be served by July 20, 2007, and any reply papers are to be served by July 26, 2007. Application granted. So Ordered by JudgeNicholas G. Garaufis on 7/9/07. (Puma, Christine) (Entered: 07/10/2007)

July 10, 2007 RECAP
14

NOTICE of Appearance by Michael N. Block on behalf of Uniformed Firefighters Association (notification declined) (Block, Michael) (Entered: 07/11/2007)

July 11, 2007 PACER
15

MOTION to Intervene as a Party Defendant by Uniformed Firefighters Association. (Block, Michael) (Entered: 07/11/2007)

July 11, 2007 RECAP
16

PRETRIAL MEMORANDUM by Uniformed Firefighters Association (Block, Michael) (Entered: 07/11/2007)

July 11, 2007 PACER
17

Letter Request to Attend 7/24/07 Conference by Uniformed Firefighters Association (Block, Michael) (Entered: 07/13/2007)

July 13, 2007 RECAP
18

ORDER re 17 Letter filed by Uniformed Firefighters Association. Application granted. Ordered by Judge Roanne L. Mann on 07/13/07. (Maynard, Pat) (Entered: 07/13/2007)

July 13, 2007 RECAP
19

Letter MOTION to Intervene with Notification from U.S. Department of Justice Inviting Intervention by Vulcan Society, Marcus Haywood, Candido Nunez, and Roger Gregg. (Belovin, Allyson) (Entered: 07/17/2007)

July 17, 2007 PACER
20

Intervenor COMPLAINT, filed by Vulcan Society, Marcus Haywood, Candido Nunez, and Roger Gregg. (Belovin, Allyson) (Entered: 07/17/2007)

July 17, 2007 PACER
21

Letter to Magistrate Judge Mann regarding Initial Conference by United States of America (Attachments: # 1 Initial Conference Questionnaire# 2 Attachment to Initial Conference Questionnaire) (Seeley, Sharon) (Entered: 07/20/2007)

2 Initial Conference Questionnaire

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3 Attachment to Initial Conference Questionnaire

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July 20, 2007 PACER
22

RESPONSE in Opposition re 15 MOTION to Intervene as a Party Defendant filed by United States of America. (Attachments: # 1 Attachment A# 2 Attachment B# 3 Attachment C# 4 Attachment D# 5 Attachment E) (Seeley, Sharon) (Entered: 07/20/2007)

1 Attachment A

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2 Attachment A

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3 Attachment B

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4 Attachment C

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5 Attachment D

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6 Attachment E

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July 20, 2007 RECAP
23

AFFIDAVIT/AFFIRMATION Requesting Substitution of Counsel by Vulcan Society, Marcus Haywood, Candido Nunez, and Roger Gregg (Attachments: # 1 Text of Proposed Order) (Levy, Richard) (Entered: 07/23/2007)

2 Text of Proposed Order

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July 23, 2007 PACER
24

Letter MOTION to Intervene by Vulcan Society, Marcus Haywood, Candido Nunez, and Roger Gregg. (Levy, Richard) (Entered: 07/23/2007)

July 23, 2007 PACER
25

MEMORANDUM in Support re 24 Letter MOTION to Intervene by Vulcan Society, Marcus Haywood, Candido Nunez, and Roger Gregg. (Levy, Richard) (Entered: 07/23/2007)

July 23, 2007 PACER
26

Minute Entry for proceedings held before Roanne L. Mann : Initial Conference Hearing held on 7/24/2007. Fact discovery to be completed by 7/10/08. Next settlement conference scheduled for 7/16/06, and if necessary, 7/17/08 at 9:30 a.m. (Maynard, Pat) (Entered: 07/24/2007)

July 24, 2007 PACER

Minute Entry for proceedings held before Nicholas G. Garaufis: Pre-Motion Conference held on 7/24/2007. The Vulcan Society, Candido Nunez, Roger Gregg, and Marcus Haywood have filed a motion to intervene as party plaintiffs, and the court directed all parties to file their responses, if any, to that motion by August 3, 2007. Proposed intervenor-plaintiffs' reply, if any, is due by August 17, 2007. Furthermore, the court directed proposed intervenor-defendant Uniformed Firefighters Association ("UFA") to file its reply, if any, to Plaintiff United States of America's opposition to the UFA's intervention motion by July 30, 2007. (Levin, Duncan)

July 24, 2007 PACER
27

Proposed Scheduling Order by United States of America (Schachner, Elliot) (Entered: 07/27/2007)

July 27, 2007 PACER
28

MEMORANDUM in Support Of Motion to Intervene/Reply Memorandum by Uniformed Firefighters Association. (Block, Michael) (Entered: 07/27/2007)

July 27, 2007 RECAP
29

ORDER regarding 24 Briefing Schedule as to Motion to Intervene. Application Granted. Ordered by JudgeNicholas G. Garaufis on 7/26/2007. (Lee, Tiffeny) (Entered: 07/27/2007)

July 27, 2007 PACER
30

ORDER re 27 adopting Proposed Scheduling Order filed by United States of America. Ordered by Judge Roanne L. Mann on 07/27/07. (Maynard, Pat) (Entered: 07/27/2007)

July 27, 2007 PACER
31

First MOTION to Amend/Correct 28 Memorandum in Support Reply Memorandum Filed by Uniformed Firefighters Association. (Block, Michael) (Entered: 07/30/2007)

July 30, 2007 PACER
32

STATUS REPORT Courtesy Copies of Proposed Intervenor Defendant UFA's motion and memos of law by Uniformed Firefighters Association (Block, Michael) (Entered: 07/30/2007)

July 30, 2007 PACER
33

RESPONSE in Opposition re 19 Letter MOTION to Intervene with Notification from U.S. Department of Justice Inviting Intervention Memorandum of Law filed by City of New York. (Pestana, Georgia) (Entered: 08/02/2007)

Aug. 2, 2007 PACER
34

AFFIDAVIT in Opposition re 24 Letter MOTION to Intervene, filed by City of New York. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibits B-C# 3 Exhibit Exhibits D-F) (Pestana, Georgia) (Entered: 08/02/2007)

2 Exhibit Exhibit A

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3 Exhibit Exhibits B-C

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4 Exhibit Exhibits D-F

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Aug. 2, 2007 PACER
35

Letter with attached proposed Agreed Protective Order to Honorable Roanne L. Mann from Sharon A. Seeley, Senior Trial Attorney, USDOJ by United States of America (Schachner, Elliot) (Entered: 08/02/2007)

Aug. 2, 2007 RECAP
36

ORDER re 35 Letter filed by United States of America. The Court adopts with modifications the Agreed Protective Order. Ordered by Judge Roanne L. Mann on 08/03/07. (Maynard, Pat) (Entered: 08/03/2007)

Aug. 3, 2007 PACER
37

RESPONSE to Motion re 19 Letter MOTION to Intervene with Notification from U.S. Department of Justice Inviting Intervention filed by United States of America. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Seeley, Sharon) (Entered: 08/03/2007)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Aug. 3, 2007 PACER
38

Letter to Judge Nicholas Garaufis Requesting Leave to File a Memorandum of Law in Response to the City's Brief in Opposition to the Plaintiff-Intervenors Motion to Intervene by United States of America (Attachments: # 1 Reply in Support of Proposed Plaintiff-Intervenors' Motion to Intervene# 2 Exhibits A through E) (Seeley, Sharon) (Entered: 08/16/2007)

2 Reply in Support of Proposed Plaintiff-Intervenors' Motion to Intervene

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3 Exhibits A through E

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Aug. 16, 2007 PACER
39

REPLY in Support re 19 Letter MOTION to Intervene with Notification from U.S. Department of Justice Inviting Intervention by Vulcan Society, Marcus Haywood, Candido Nunez, and Roger Gregg. (Lossia, Dana) (Entered: 08/17/2007)

Aug. 17, 2007 PACER
40

Letter pursuant to Judge's Rules covering courtesy copies by Vulcan Society, Marcus Haywood, Candido Nunez, and Roger Gregg (Lossia, Dana) (Entered: 08/17/2007)

Aug. 17, 2007 PACER
41

Letter Opposing UFA Intervention by Vulcan Society, Marcus Haywood, Candido Nunez, and Roger Gregg (Attachments: # 1 Exhibit IAFF Internatial Constitution) (Dorn, Richard) (Entered: 08/17/2007)

2 Exhibit IAFF Internatial Constitution

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Aug. 17, 2007 PACER
42

Letter in Response to USA's request for leave to file Reply Memo by City of New York (Pestana, Georgia) (Entered: 08/17/2007)

Aug. 17, 2007 PACER
43

Letter In Response to USA Application to file Reply Brief by City of New York (Pestana, Georgia) (Entered: 08/17/2007)

Aug. 17, 2007 PACER

Incorrect Case/Document/Entry Information. Please disregard document #42 attorney inadvertently filed incorrect document. See doc. #43 for corrected document. (Guzzi, Roseann)

Aug. 17, 2007 PACER
44

NOTICE of Appearance by William S.J. Fraenkel on behalf of City of New York (aty to be noticed) (Fraenkel, William) (Entered: 08/22/2007)

Aug. 22, 2007 PACER
45

Letter in Response to Vulcan Society's Opposition to UFA's Intervention by Uniformed Firefighters Association (Block, Michael) (Entered: 08/24/2007)

Aug. 24, 2007 PACER
46

TRANSCRIPT of Initial Conference held on July 24, 2007 before Judge Roanne L. Mann; TypeWrite Word Processing Service, Staten Island, NY. (Lee, Tiffeny) (Entered: 09/04/2007)

Aug. 31, 2007 PACER
47

ORDER regarding bifurcation and intervention. Plaintiff United States of America's uncontested motion to bifurcate all proceedings in this case into a liability phase and, if necessary, a relief phase is GRANTED. For the liability phase, the UFAs motion to intervene is DENIED; however, recognizing the important work this union undertakes and the critical perspective it brings to this litigation, the court invites the UFA to participate in the liability phase as a friend of the court. The Clerk of Court is hereby directed to place the UFA on the courts electronic filing system as part of this case so it may receive and view all the parties filings and make filings as a friend of the court. The motion to intervene by the Vulcan Society, Nunez, Gregg, and Haywood is GRANTED. At this time, the court does not consider the class certification issue for Nunez, Gregg, and Haywood. So Ordered by Judge Nicholas G. Garaufis on 9/5/07. (Levin, Duncan) (Entered: 09/05/2007)

Sept. 5, 2007 RECAP

19 Motion to Intervene by Ordered by Judge Nicholas G. Garaufis on 9/5/2007. See document #47. (Lee, Tiffeny)

Sept. 5, 2007 PACER
48

Intervenor COMPLAINT against The City of New York, The Fire Department of the City of New York, New York City Department of Citywide Administrative Services, Mayor Michael Bloomberg and New York City Fire Commissioner Nicholas Scoppetta, in their individual and official Capacities, filed by Marcus Haywood, Candido Nunez, Roger Gregg, Vulcan Society. (Levy, Richard) (Entered: 09/25/2007)

Sept. 25, 2007 PACER

Incorrect Entry Information: Counsel failed to add newly named parties upon the filing of the Intervenor Complaint. The Clerk has updated the docket this sole occasion. (Lee, Tiffeny)

Sept. 26, 2007 PACER
49

Letter with attached proposed Agreed Protective Order between Intervenor Plaintiffs and defendants by Fire Department of the City of New York, New York City Department of Citywide Administrative Services, Nicholas Scoppetta, City of New York (Pestana, Georgia) (Entered: 10/08/2007)

Oct. 8, 2007 RECAP
50

ORDER re 49 Letter, filed by Fire Department of the City of New York, New York City Department of Citywide Administrative Services, Nicholas Scoppetta, City of New York. SO-ORDERED. Ordered by Judge Roanne L. Mann on 10/09/07. (Maynard, Pat) (Entered: 10/09/2007)

Oct. 9, 2007 PACER
51

NOTICE of Appearance by Beth A. Kaswan on behalf of Marcus Haywood, Candido Nunez, Roger Gregg, Vulcan Society (aty to be noticed) (Attachments: # 1 Exhibit Certificate of Service) (Kaswan, Beth) (Entered: 10/17/2007)

2 Exhibit Certificate of Service

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Oct. 17, 2007 PACER
52

NOTICE of Appearance by Judith S Scolnick on behalf of Marcus Haywood, Candido Nunez, Roger Gregg, Vulcan Society (aty to be noticed) (Attachments: # 1 Certificate of Service) (Scolnick, Judith) (Entered: 10/19/2007)

2 Certificate of Service

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Oct. 19, 2007 PACER
53

NOTICE of Appearance by Carolyn P. Weiss on behalf of United States of America (aty to be noticed) (Weiss, Carolyn) (Entered: 10/19/2007)

Oct. 19, 2007 PACER
54

Letter requesting pre-motion conference on defendants' proposed partial motion to dismiss Plaintiff-Intervenors complaint by Fire Department of the City of New York, New York City Department of Citywide Administrative Services, Michael Bloomberg, Nicholas Scoppetta, City of New York (Pestana, Georgia) (Entered: 10/19/2007)

Oct. 19, 2007 PACER
55

Letter Submitting Proposed Protective Order by Fire Department of the City of New York, Michael Bloomberg, Nicholas Scoppetta, City of New York (Attachments: # 1 Text of Proposed Order Proposed Protective Order) (Fraenkel, William) (Entered: 10/24/2007)

2 Text of Proposed Order Proposed Protective Order

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Oct. 24, 2007 PACER
56

SO-ORDERED re 55 Letter with attached Agreed Protective Order filed by Michael Bloomberg, Fire Department of the City of New York, Nicholas Scoppetta, City of New York. Ordered by Judge Roanne L. Mann on 10/25/07. (Maynard, Pat) (Entered: 10/25/2007)

Oct. 25, 2007 PACER
57

Letter from Judy Scolnick re: Scheduling Order by Vulcan Society (Levy, Richard) (Entered: 10/30/2007)

Oct. 30, 2007 PACER
58

MOTION for Extension of Time to Complete Discovery by Vulcan Society. (Levy, Richard) (Entered: 10/30/2007)

Oct. 30, 2007 PACER
59

AFFIDAVIT in Support re 58 MOTION for Extension of Time to Complete Discovery filed by Vulcan Society. (Levy, Richard) (Entered: 10/30/2007)

Oct. 30, 2007 PACER
60

Proposed Scheduling Order Modifying Earlier Order by Vulcan Society (Levy, Richard) (Entered: 10/30/2007)

Oct. 30, 2007 PACER
61

NOTICE of Change of Address by Elliot M. Schachner (Schachner, Elliot) (Entered: 10/31/2007)

Oct. 31, 2007 PACER
62

ENDORSED ORDER re 57 Letter filed by Vulcan Society. Any letters in opposition shall be filed no later than 11/2/07. No reply shall be filed without leave of the Court. Ordered by Judge Roanne L. Mann on 10/31/07. (Maynard, Pat) (Entered: 10/31/2007)

Oct. 31, 2007 PACER
63

MOTION to Compel by United States of America. (Attachments: # 1 Exhibits A through M) (Seeley, Sharon) (Entered: 11/01/2007)

2 Exhibits A through M

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Nov. 1, 2007 PACER
64

RESPONSE to Motion re 58 MOTION for Extension of Time to Complete Discovery filed by United States of America. (Seeley, Sharon) (Entered: 11/02/2007)

Nov. 2, 2007 PACER
65

RESPONSE in Opposition re 63 MOTION to Compel by USA filed by all defendants. (Pestana, Georgia) (Entered: 11/02/2007)

Nov. 2, 2007 PACER
66

ENDORSED ORDER granting, with modifications 58 Motion for Extension of Time to Complete Discovery. Ordered by JudgeRoanne L. Mann on 11/05/07. (Maynard, Pat) (Entered: 11/05/2007)

Nov. 5, 2007 PACER
67

REPLY to Response to Motion re 63 MOTION to Compel filed by United States of America. (Seeley, Sharon) (Entered: 11/08/2007)

Nov. 8, 2007 PACER
68

Minute Order. Proceedings held before Judge Roanne L. Mann : Plaintiff U.S. withdraws its request 63 for an order compelling the City to respond to Interrogatory 14. The Court overrules the Citys relevance objection to producing the 2006 job analysis report (and appendices) and grants the request of the U.S. for a compulsion order. The request of the U.S. for the underlying documents is denied without prejudice as the reports appendices may supply the requisite information. Telephone Conference held on 11/9/2007. (Maynard, Pat) Modified on 11/13/2007 (Marziliano, August). Modified on 11/13/2007 (Marziliano, August). (Entered: 11/09/2007)

Nov. 9, 2007 PACER
69

NOTICE of Appearance by Elizabeth A. Speck on behalf of United States of America (aty to be noticed) (Speck, Elizabeth) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
70

MOTION to Bifurcate by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibits C through E) (Seeley, Sharon) (Entered: 12/03/2007)

2 Exhibit A

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3 Exhibit B

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4 Exhibits C through E

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Dec. 3, 2007 PACER
71

MOTION for Leave to Appear Pro Hac Vice To Admit Amanda Lawrence by Marcus Haywood, Candido Nunez, Roger Gregg, Vulcan Society. (Attachments: # 1 Affidavit of Amanda Lawrence in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Text of Proposed Order Proposed Order) (Scolnick, Judith) (Additional attachment(s) added on 2/7/2008: # 3 Receipt of Payment for Pro Hac Vice) (Abdallah, Fida). (Entered: 02/06/2008)

2 Affidavit of Amanda Lawrence in Support of Motion to Admit Counsel Pro Hac Vice

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3 Text of Proposed Order Proposed Order

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4 Receipt of Payment for Pro Hac Vice

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Feb. 6, 2008 PACER
72

ORDER granting 71 Motion for Leave to Appear Pro Hac Vice as to Amanda F. Lawrence. Ordered by Judge Nicholas G. Garaufis on 2/6/2008. (Abdallah, Fida) (Entered: 02/07/2008)

Feb. 7, 2008 PACER
73

Letter MOTION to Compel to Magistrate Judge Roanne L. Mann by Marcus Haywood, Candido Nunez, Roger Gregg, Vulcan Society. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Scolnick, Judith) (Entered: 02/15/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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Feb. 15, 2008 PACER
74

ORDER re 73 : Responsive submissions must be filed by 2/20/08. Ordered by Magistrate Judge Roanne L. Mann on 2/15/08. (Kunkle, Nathaniel) (Entered: 02/15/2008)

Feb. 15, 2008 PACER
75

RESPONSE in Opposition re 73 Letter MOTION to Compel to Magistrate Judge Roanne L. Mann filed by Fire Department of the City of New York, New York City Department of Citywide Administrative Services, Michael Bloomberg, Nicholas Scoppetta, City of New York. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D) (Fraenkel, William) (Entered: 02/20/2008)

2 Appendix A

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3 Appendix B

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4 Appendix C

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5 Appendix D

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Feb. 20, 2008 PACER
76

MEMORANDUM AND ORDER re 73 Letter MOTION to Compel to Magistrate Judge Roanne L. Mann filed by Roger Gregg, Candido Nunez, Marcus Haywood, Vulcan Society, 75 Response in Opposition to Motion, filed by Michael Bloomberg, Fire Department of the City of New York, New York City Department of Citywide Administrative Services, Nicholas Scoppetta, City of New York. For the reasons stated in this Memorandum and Order Vulcan's motion for a compulsion order requiring the production of thirty-five years' worth of materials and information is denied. Ordered by Magistrate Judge Roanne L. Mann on 02/27/08. (Maynard, Pat) (Entered: 02/27/2008)

Feb. 27, 2008 PACER
77

MOTION to Compel and to Modify Discovery Schedule by United States of America. (Attachments: # 1 Exhibits A through L, # 2 Exhibits M through O, # 3 Exhibits P through S) (Seeley, Sharon) (Entered: 03/04/2008)

2 Exhibits A through L

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3 Exhibits M through O

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4 Exhibits P through S

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March 4, 2008 PACER
78

RESPONSE to Motion re 77 MOTION to Compel and to Modify Discovery Schedule filed by Fire Department of the City of New York, New York City Department of Citywide Administrative Services, Michael Bloomberg, Nicholas Scoppetta, City of New York. (Fraenkel, William) (Entered: 03/04/2008)

March 4, 2008 PACER
79

RESPONSE to Motion re 77 MOTION to Compel and to Modify Discovery Schedule filed by Marcus Haywood, Candido Nunez, Roger Gregg, Vulcan Society. (Lossia, Dana) (Entered: 03/05/2008)

March 5, 2008 PACER
80

REPLY in Opposition filed by Fire Department of the City of New York, New York City Department of Citywide Administrative Services, Michael Bloomberg, Nicholas Scoppetta, City of New York. (Attachments: # 1 Supplement) (Fraenkel, William) (Entered: 03/05/2008)

2 Supplement

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March 5, 2008 PACER
81

REPLY to Response to Motion re 77 MOTION to Compel and to Modify Discovery Schedule filed by United States of America. (Seeley, Sharon) (Entered: 03/05/2008)

March 5, 2008 PACER
82

Minute Order. for proceedings held before Magistrate Judge Roanne L. Mann:granting 77 Motion to Compel; Telephone/Discovery Conference held on 3/07/2008. The parties shall submit a proposed modified discovery schedule by 3/11/08. (Maynard, Pat) (Entered: 03/10/2008)

March 10, 2008 PACER
83

Letter to Honorable Roanne L. Mann attaching proposed Agreed Modification to Protective Order by United States of America (Attachments: # 1 Proposed Order) (Seeley, Sharon) (Entered: 03/10/2008)

2 Proposed Order

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March 10, 2008 PACER
84

ORDER re 83 Letter filed by United States of America. S0-ORDERING the Agreed Modification to Protective Order. Ordered by Magistrate Judge Roanne L. Mann on 03/11/08. (Maynard, Pat) (Entered: 03/11/2008)

March 11, 2008 RECAP
85

Letter Attaching Proposed Modified Scheduling Order by United States of America (Attachments: # 1 Proposed Order) (Seeley, Sharon) (Entered: 03/11/2008)

2 Proposed Order

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March 11, 2008 PACER
86

ENDORSED ORDER re 85 Letter with attached Modified Scheduling Order filed by United States of America. The Court adopts with modifications. All liability phase discovery (fact and expert) shall be close on July 21, 2008. A settlement conference will be held on July 29, 2008 (and, if necessary, July 30, 2008), at 9:30 a.m. The parties shall supply the Court with copies of their Rule 26(a)(2) disclosures by July 11, 2008. Ordered by Magistrate Judge Roanne L. Mann on 03/12/08. (Maynard, Pat) (Entered: 03/12/2008)

March 12, 2008 PACER
87

Proposed MOTION for Protective Order by Marcus Haywood, Candido Nunez, Roger Gregg, Vulcan Society. (Lossia, Dana) (Entered: 03/12/2008)

March 12, 2008 PACER
88

ORDER granting 87 Motion for Protective Order. Ordered by Magistrate Judge Roanne L. Mann on 03/12/08. (Maynard, Pat) (Entered: 03/12/2008)

March 12, 2008 PACER
89

MOTION to Compel and to Enforce March 10 Order by United States of America. (Attachments: # 1 Exhibits A through O) (Seeley, Sharon) (Entered: 03/20/2008)

2 Exhibits A through O

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March 20, 2008 PACER
90

RESPONSE to Motion re 89 MOTION to Compel and to Enforce March 10 Order filed by Marcus Haywood, Candido Nunez, Roger Gregg, Vulcan Society. (Levy, Richard) (Entered: 03/20/2008)

March 20, 2008 PACER
91

ORDER granting in part and denying in part 89 Motion to Compel. Plaintiff's discovery motion of earlier today (3/20/08) is granted in part and denied in part, on the record. Ordered by Magistrate Judge Roanne L. Mann on 3/21/2008. (Williams, Jennifer) (Entered: 03/21/2008)

March 21, 2008 PACER
92

Letter enclosing Proposed Protective Order by Marcus Haywood, Candido Nunez, Roger Gregg, Vulcan Society (Attachments: # 1 Proposed Order - Protective Order) (Lossia, Dana) (Entered: 03/27/2008)

2 Proposed Order - Protective Order

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March 27, 2008 PACER
93

Letter with proposed modified protective order by Fire Department of the City of New York, New York City Department of Citywide Administrative Services, Michael Bloomberg, Nicholas Scoppetta, City of New York (Attachments: # 1 Proposed Order) (Fraenkel, William) (Entered: 03/28/2008)

2 Proposed Order

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March 28, 2008 PACER

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: May 21, 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States government and African-American and Hispanic candidates applying for positions in the New York City Fire Department.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York Fire Department (New York), City

Defendant Type(s):

Fire

Case Details

Causes of Action:

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 113,476,512.00

Order Duration: 2011 - 2022

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Goals (e.g., for hiring, admissions)

Hire

Monitor/Master

Monitoring

Other requirements regarding hiring, promotion, retention

Preliminary relief denied

Reporting

Required disclosure

Retroactive Seniority

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

Testing

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic