Case: United States of America v. City of New York and New York City Department of Transportation

1:07-cv-02083 | U.S. District Court for the Southern District of New York

Filed Date: March 12, 2007

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On March 12, 2007, the U.S. Department of Justice (DOJ) 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. The DOJ sought injunctive and monetary relief, alleging that the defendant had engaged in a pattern or practice of discrimination on the basis of sex in its hiring practices.The complaint alleges that the City of New York, specifically the New York City Department of Transportation ("DOT"), implemented discriminato…

On March 12, 2007, the U.S. Department of Justice (DOJ) 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. The DOJ sought injunctive and monetary relief, alleging that the defendant had engaged in a pattern or practice of discrimination on the basis of sex in its hiring practices.

The complaint alleges that the City of New York, specifically the New York City Department of Transportation ("DOT"), implemented discriminatory recruitment and hiring procedures on the basis of sex by: (1) failing or refusing to hire women for the position of Bridge Painter on the same basis as men; and (2) by failing or refusing to take appropriate action to correct the present effects of their discriminatory policies and practices.

On June 27, 2007, intervenor plaintiffs, a labor union and several females previously not hired by the DOT, were added to the action.

On October 31, 2008, the defendant filed a motion for summary judgment, which was denied in part and granted in part on July 2, 2009. The motion was denied with respect to the allegations of pattern or practice of discrimination by the United States, but granted with respect to the same allegation by intervenor-plaintiffs. The Court reasoned that individuals cannot bring pattern or practice claims and each individual alleged wrongdoing was time barred.

After more discovery and pre-trial motions, the case went into a bench trial. On May 13, 2010, the Court (Judge William H. Pauley III) issued an opinion and order, finding for the plaintiff United States. The court found that the defendant was engaged in a pattern or practice of discrimination, by not having objective hiring criteria, giving preference to less qualified male applicants, and maintaining a hostile work environment. It did not find the City's justifications to be compelling. The Court ordered to implement the United States proposed orders of remedial relief to establish objective hiring procedures at the DOT. Judgment on individual compensation and relief was reserved for later.

On May 28, 2010, the Court issued a judgment approving the compliance injunction by the United States. Under the proposed orders, the defendant had to establish objective hiring criteria and advertise those criteria, as well as have established interviewing procedures. The proposed orders also included general injunctions: 1) prohibition against gender discrimination in recruitment and hiring of bridge painters; 2) prohibition on retaliation. It was also ordered that the City submitted three annual reports describing its compliance, kept all records pertaining to the orders, and that United States had a right to monitor compliance.

On June 25, 2010, the defendants appealed against the May 28 judgment. However, the parties then settled and the appeal was withdrawn. On September 30, 2010, the Court entered stipulation and order of settlement. The agreement did not in any way modify the compliance injunction. The defendant agreed to pay $250,000.00 to four intervenor plaintiffs each ($1,000,000.00 total). The defendant had a right to apply to the court for modification of the compliance injunction.

After a fairness hearing on December 7, 2010, the Court ordered the agreement to be fair and lawful, and adopted the compliance injunction as its final order.

Summary Authors

Hyun Jeong Yang (11/27/2007)

Zhandos Kuderin (7/17/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4329757/parties/united-states-v-city-of-new-york/


Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Bharara, Preetinder S. (New York)

Penn, Allison D (New York)

Vargas, Jeannette Anne (New York)

Yu, Li (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Rosenbaum, Bruce (New York)

Seacord, Christopher Aaron (New York)

Other Attorney(s)

Active

Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Bharara, Preetinder S. (New York)

Penn, Allison D (New York)

Vargas, Jeannette Anne (New York)

Yu, Li (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Rosenbaum, Bruce (New York)

Seacord, Christopher Aaron (New York)

Other Attorney(s)

Wien, Howard (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

United States of America v. City of New York

Jan. 7, 2011 Docket
1

Complaint

March 12, 2007 Complaint
46

Memorandum and Order [Granting in Part and Denying in Part Defendants' Motion for Summary Judgment]

631 F.Supp.2d 419

July 2, 2009 Order/Opinion
73

Opinion and Order [Adopting in Part Plaintiff's Order of Remedial Relief]

713 F.Supp.2d 300

May 13, 2010 Order/Opinion
76

Judgment

May 28, 2010 Order/Opinion
75

Compliance Injunction

May 28, 2010 Order/Opinion
87

Stipulation and Order of Settlement with Respect to Victim-Specific Relief

Sept. 30, 2010 Order/Opinion
94

Final Order Adopting the Compliance Injunction

Dec. 7, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4329757/united-states-v-city-of-new-york/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against City of New York, New York City Department of Transportation. Document filed by United States of America.(tro) (Entered: 03/12/2007)

March 12, 2007 PACER

SUMMONS ISSUED as to City of New York, New York City Department of Transportation. (tro)

March 12, 2007 PACER

Magistrate Judge Henry B. Pitman is so designated. (tro)

March 12, 2007 PACER

Case Designated ECF. (tro)

March 12, 2007 PACER
2

WAIVER OF SERVICE RETURNED EXECUTED. Document filed by United States of America. (Penn, Allison) (Entered: 04/12/2007)

April 12, 2007 PACER
3

NOTICE OF APPEARANCE by Bruce Rosenbaum on behalf of City of New York, New York City Department of Transportation (Rosenbaum, Bruce) (Entered: 04/13/2007)

April 13, 2007 PACER
4

ENDORSED LETTER addressed to Judge William H. Pauley from Bruce Rosenbaum dated 5/14/07 re: Request a pre-motion conference on the proposed motion and to request that defendants time to answer the complaint be held in abeyance pending consideration of defendants proposed motion. ENDORSEMENT: Application GRANTED. A pre-motion conference will be held on June 15,2007 at 10:15 a.m. in conjunction with the IPTC. (Signed by Judge William H. Pauley III on 5/22/07) (js) (Entered: 05/29/2007)

May 25, 2007 PACER
5

REQUEST TO PARTICIPATE of Structural Steel and Bridge Painters of Greater New York, Local 806 Complaint and Request to Intervene. Document filed by Structural Steel and Bridge Painters of Greater New York, Local 806. (Attachments: # 1 Letter)(Wien, Howard) (Entered: 06/13/2007)

2 Letter

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June 13, 2007 PACER
6

ENDORSED LETTER addressed to Judge William H. Pauley from Howard Wien dated 6/13/2007 re: Plaintiff and Defendants request leave to intervene. I am requesting that the parties and the Court forego formal motion practice. ENDORSEMENT: SO ORDERED. (Signed by Judge William H. Pauley III on 6/27/2007) (jmi) (Entered: 06/28/2007)

June 27, 2007 PACER
7

ENDORSED LETTER addressed to Judge William H. Pauley III from Jeanette A. Vargas dated 6/13/07 re: a request for an adjournment of the conference scheduled in this case for 6/15/2007. ENDORSEMENT: The IPTC/PMC is adjourned to 7/13/2007 at 10:00 a.m. SO ORDERED. (Signed by Judge William H. Pauley III on 7/3/07) (kco) (Entered: 07/06/2007)

July 5, 2007 PACER
8

ANSWER to Complaint. Document filed by City of New York, New York City Department of Transportation.(Rosenbaum, Bruce) (Entered: 07/30/2007)

July 30, 2007 PACER
9

ANSWER to Complaint. Document filed by City of New York, New York City Department of Transportation.(Rosenbaum, Bruce) (Entered: 07/30/2007)

July 30, 2007 PACER
10

SCHEDULING ORDER:Discovery due by 1/31/2008, Final Pretrial Conference set for 2/14/2008 at 10:00 AM before Judge William H. Pauley III,Pretrial Order due by 2/29/2008. SO ORDERED. (Signed by Judge William H. Pauley III on 8/30/2007) (jmi) (Entered: 08/31/2007)

Aug. 31, 2007 RECAP
11

SCHEDULING ORDER: Discovery due by 1/31/2008, Pretrial Order due by 5/29/2008, Final Pretrial Conference set for 6/13/2008 at 11:00 AM before Judge William H. Pauley III. SO ORDERED. (Signed by Judge William H. Pauley III on 10/25/2007) (jmi) (Entered: 10/29/2007)

Oct. 26, 2007 PACER
12

SCHEDULING ORDER: A Conference shall take place on 2/5/2008 at 11:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/31/2008) (jar) (Entered: 02/01/2008)

Feb. 1, 2008 PACER
13

SCHEDULING ORDER: Defendant City of New York shall produce the materials requested by Plaintiffs pertaining to Civil Examination No. 3027 by 3/7/08. Plaintiff shall identify any experts by 4/15/08. Defendants shall identify any rebuttal experts by 4/30/08. the parties shall complete all fact discovery, including all depositions, by 4/30/2008. Plaintiff shall produce any rebuttal expert reports by 5/30/08. The parties shall complete expert discovery by 6/30/2008. The parties shall submit a joint pre-trial order by 7/31/2008. Final Pretrial Conference set for 8/22/2008 at 10:15 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 2/5/08) (tro) (Entered: 02/06/2008)

Feb. 6, 2008 PACER

***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Appearance by Li Yu, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (tve)

Feb. 8, 2008 PACER
14

NOTICE OF APPEARANCE by Li Yu on behalf of United States of America (Yu, Li) (Entered: 03/09/2008)

March 9, 2008 PACER
15

ENDORSED LETTER addressed to Judge William H. Pauley from Jeannette A. Vargas dated 5/1/08 re: The U.S. writes, with the consent of all parties, to request an extension of fact discovery deadline in the above-captioned matter from 4/30/08 to 5/30/08, and a similar four-week extension of the other discovery deadlines contained in the Court's 2/5/08, Scheduling Order, such that all discovery, including expert discovery, will be completed in this case by 7/30/08. ENDORSEMENT: Application granted. The parties shall submit a joint pretrial order by August 29, 2008. The final pre-trial conference is adjourned to September 26, 2008 at 10:30 a.m. (Signed by Judge William H. Pauley, III on 5/5/08) (tro) (Entered: 05/09/2008)

May 7, 2008 PACER
16

ENDORSED LETTER addressed to Judge William H. Pauley III from Liam L. Castro dated 5/30/2008 re: Requesting an extension of time, from May 30 to June 16, 2008, to respond to the defendants' second request for documents and interrogatories. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 6/4/2008) (jpo) (Entered: 06/05/2008)

June 5, 2008 PACER
17

ENDORSED LETTER addressed to Judge William H. Pauley from Li Yu dated 8/15/08 re: Counsel writes to respectfully renew their March 11, 2008 request to Judge Pauley to refer this matter to Chief Magistrate Pitman for mediation. Plaintiffs further request that the court extend, nunc pro tunc, the deadline for close of expert discovery from July 30, 2008 to September 29, 2008, and also adjourn the date of the submission of the joint pretrial order from August 29, 2008 to October 31, 2008 and the final pretrial conference from 10:30 a.m. on September 26, 2008 to a date and time late in November 2008 that is convenient to the court. ENDORSEMENT: Application denied. The deadline for completion of discovery has passed. Mediation without defendants consent would be pointless. (Signed by Judge William H. Pauley, III on 8/22/08) (mme) (Entered: 08/25/2008)

Aug. 25, 2008 PACER
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ENDORSED LETTER addressed to Judge William H. Pauley, III from Bruce Rosenbaum dated 8/26/2008 re: Counsel writes requesting a pre-motion conference to discuss defendants' anticipated motion for summary judgment. ENDORSEMENT: Application granted. This Court will hold a pre-motion conference on 9/10/08 at 10:00 a.m. SO ORDERED. (Signed by Judge William H. Pauley, III on 9/2/2008) (tve) (Entered: 09/03/2008)

Sept. 3, 2008 PACER
19

SCHEDULING ORDER: Defendants shall file their motion for summary judgment by October 17,2008; Plaintiffs shall file their opposition to the motion by November 17,2008; Defendants shall file any reply by November 26,2008; and Oral argument concerning the motion shall take place on December 12, 2008 at 10:30 a.m. SO ORDERED. (Signed by Judge William H. Pauley, III on 9/15/2008) (tve) (Entered: 09/16/2008)

Sept. 16, 2008 PACER
20

ENDORSED LETTER addressed to Judge William H. Pauley from Bruce Rosenbaum dated 10/15/2008 re: Requesting a one week extension of the deadlines, for submission of papers in connection with defendants' motion for summary judgment. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 10/17/2008) (jpo) (Entered: 10/20/2008)

Oct. 17, 2008 PACER
21

SCHEDULING ORDER: Motions for summary judgment due by 10/24/2008. Responses due by 11/24/2008 Replies due by 12/3/2008. Oral Argument set for 12/12/2008 at 10:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 10/17/2008) Copies Mailed By Chambers.(jpo) (Entered: 10/20/2008)

Oct. 17, 2008 PACER
22

MOTION for Summary Judgment. Document filed by City of New York, New York City Department of Transportation. Responses due by 12/1/2008(Rosenbaum, Bruce) (Entered: 10/31/2008)

Oct. 31, 2008 PACER
23

RULE 56.1 STATEMENT. Document filed by City of New York, New York City Department of Transportation. (Rosenbaum, Bruce) (Entered: 10/31/2008)

Oct. 31, 2008 PACER
24

DECLARATION of Robert Collyer in Support re: 22 MOTION for Summary Judgment.. Document filed by City of New York, New York City Department of Transportation. (Rosenbaum, Bruce) (Entered: 10/31/2008)

Oct. 31, 2008 PACER
25

DECLARATION of William Klimowicz in Support re: 22 MOTION for Summary Judgment.. Document filed by City of New York, New York City Department of Transportation. (Rosenbaum, Bruce) (Entered: 10/31/2008)

Oct. 31, 2008 PACER
26

DECLARATION of Assistant Corporation Counsel Bruce Rosenbaum in Support re: 22 MOTION for Summary Judgment.. Document filed by City of New York, New York City Department of Transportation. (Attachments: # 1 Exhibit Exhibits A - C part 1, # 2 Exhibit Exhibit C part 2, # 3 Exhibit Exhibits D, E and F, # 4 Exhibit Exhibits G, H and I, # 5 Exhibit Exhibit J, # 6 Exhibit Exhibit K part 1, # 7 Exhibit Exhibit K part 2)(Rosenbaum, Bruce) (Entered: 10/31/2008)

2 Exhibit Exhibits A - C part 1

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3 Exhibit Exhibit C part 2

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4 Exhibit Exhibits D, E and F

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5 Exhibit Exhibits G, H and I

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6 Exhibit Exhibit J

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7 Exhibit Exhibit K part 1

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8 Exhibit Exhibit K part 2

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Oct. 31, 2008 PACER
27

DECLARATION of Assistant Corporation Counsel Bruce Rosenbaum in Support re: 22 MOTION for Summary Judgment.. Document filed by City of New York, New York City Department of Transportation. (Attachments: # 1 Exhibit Exhibits K part 3, L, M, N, O and P, # 2 Exhibit Exhibits Q, R, S, T, U, V, W, X, Y and Z, # 3 Exhibit Exhibits AA - SS, # 4 Exhibit Exhibit TT part 1, # 5 Exhibit Exhibits TT part 2, UU and VV, # 6 Exhibit Exhibit WW)(Rosenbaum, Bruce) (Entered: 10/31/2008)

2 Exhibit Exhibits K part 3, L, M, N, O and P

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3 Exhibit Exhibits Q, R, S, T, U, V, W, X, Y and Z

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4 Exhibit Exhibits AA - SS

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5 Exhibit Exhibit TT part 1

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6 Exhibit Exhibits TT part 2, UU and VV

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7 Exhibit Exhibit WW

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Oct. 31, 2008 PACER
28

MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment.. Document filed by City of New York, New York City Department of Transportation. (Attachments: # 1 Exhibit Exhibit XX part 1, # 2 Exhibit Exhibit XX part 2)(Rosenbaum, Bruce) (Entered: 11/03/2008)

2 Exhibit Exhibit XX part 1

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3 Exhibit Exhibit XX part 2

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Nov. 3, 2008 PACER
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SCHEDULING ORDER: Motions due by 10/31/2008, Responses due by 12/1/2008 Replies due by 12/10/2008, Oral Argument set for 1/16/2009 at 10:45 AM before Judge William H. Pauley III. SO ORDERED. (Signed by Judge William H. Pauley, III on 10/30/2008) (jmi) (Entered: 11/03/2008)

Nov. 3, 2008 PACER
30

ENDORSED LETTER addressed to Judge William H. Pauley from Bruce Rosenbaum dated 10/23/2008 re: Requesting that the deadlines for submission of papers set forth in Court October 17, 2008 scheduling order each be further extended by one week. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 10/31/2008) (jpo) (Entered: 11/05/2008)

Nov. 3, 2008 PACER
31

ENDORSED LETTER addressed to Judge William H. Pauley from Allison D. Penn dated 11/24/08 re: Counsel for Plaintiff request a brief extension until 12/10/08 for the United States and the plaintiff-intervenors to file their opposition papers to Defendants' motion for summary judgment and that Defendants' reply be extended correspondingly to 12/19/08, with 1/16/09 remaining the date for oral argument. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to 22 MOTION for Summary Judgment:( Responses due by 12/10/2008, Replies due by 1/16/2009.) (Signed by Judge William H. Pauley, III on 11/26/08) (tro) (Entered: 12/01/2008)

Dec. 1, 2008 PACER
32

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Howard Wien in Opposition re: 22 MOTION for Summary Judgment. Document filed by Structural Steel and Bridge Painters of Greater New York, Local 806. (Attachments: # 1 Affidavit Declaration of Counsel in Opposition to Defendants' Motion for Summary Judgment, # 2 Supplement Memorandum of Law in Opposition, # 3 Affidavit Plaintiff-Intervenors' Statement Pursuant to Local Rule 56.1(b))(Wien, Howard) Modified on 12/11/2008 (db). (Entered: 12/10/2008)

2 Affidavit Declaration of Counsel in Opposition to Defendants' Motion for Su

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3 Supplement Memorandum of Law in Opposition

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4 Affidavit Plaintiff-Intervenors' Statement Pursuant to Local Rule 56.1(b)

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Dec. 10, 2008 PACER
33

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 22 MOTION for Summary Judgment. Document filed by United States of America. (Attachments: # 1 Counter-statement of the United States to Defendants' Local Civil Rule Rule 56.1 Statement)(Yu, Li) Modified on 12/11/2008 (db). (Entered: 12/10/2008)

2 Counter-statement of the United States to Defendants' Local Civil Rule Rul

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Dec. 10, 2008 PACER
34

DECLARATION of Li Yu in Opposition re: 22 MOTION for Summary Judgment.. Document filed by United States of America. (Attachments: # 1 Exhibit 1, Pt. 1 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 2 Exhibit 1, Pt. 2 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 3 Exhibit 2 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 4 Exhibit 3 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 5 Exhibit 4 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 6 Exhibit 5 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 7 Exhibit 6 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 8 Exhibit 7 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 9 Exhibit 8 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 10 Exhibit 9 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 11 Exhibit 10 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 12 Exhibit 11 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 13 Exhibit 12 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 14 Exhibit 13 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 15 Exhibit 14 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 16 Exhibit 15 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 17 Exhibit 16 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 18 Exhibit 17 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 19 Exhibit 18 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 20 Exhibit 19 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 21 Exhibit 20 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 22 Exhibit 21 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 23 Exhibit 22 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 24 Exhibit 23 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 25 Exhibit 24 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 26 Exhibit 25 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 27 Exhibit 26 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 28 Exhibit 27 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 29 Exhibit 28 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 30 Exhibit 29 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 31 Exhibit 30 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 32 Exhibit 31 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 33 Exhibit 32 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 34 Exhibit 33 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 35 Exhibit 34 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment, # 36 Exhibit 35 to the Yu Decl. in Opposition to Defendants' Motion for Summary Judgment)(Yu, Li) (Entered: 12/10/2008)

2 Exhibit 1, Pt. 1 to the Yu Decl. in Opposition to Defendants' Motion for Su

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3 Exhibit 1, Pt. 2 to the Yu Decl. in Opposition to Defendants' Motion for Su

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4 Exhibit 2 to the Yu Decl. in Opposition to Defendants' Motion for Summary J

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5 Exhibit 3 to the Yu Decl. in Opposition to Defendants' Motion for Summary J

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6 Exhibit 4 to the Yu Decl. in Opposition to Defendants' Motion for Summary J

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7 Exhibit 5 to the Yu Decl. in Opposition to Defendants' Motion for Summary J

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8 Exhibit 6 to the Yu Decl. in Opposition to Defendants' Motion for Summary J

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9 Exhibit 7 to the Yu Decl. in Opposition to Defendants' Motion for Summary J

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10 Exhibit 8 to the Yu Decl. in Opposition to Defendants' Motion for Summary J

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11 Exhibit 9 to the Yu Decl. in Opposition to Defendants' Motion for Summary J

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12 Exhibit 10 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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13 Exhibit 11 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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14 Exhibit 12 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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15 Exhibit 13 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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16 Exhibit 14 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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17 Exhibit 15 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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18 Exhibit 16 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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19 Exhibit 17 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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20 Exhibit 18 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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21 Exhibit 19 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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22 Exhibit 20 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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23 Exhibit 21 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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24 Exhibit 22 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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25 Exhibit 23 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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26 Exhibit 24 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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27 Exhibit 25 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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29 Exhibit 27 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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30 Exhibit 28 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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31 Exhibit 29 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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32 Exhibit 30 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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36 Exhibit 34 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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37 Exhibit 35 to the Yu Decl. in Opposition to Defendants' Motion for Summary

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Dec. 10, 2008 PACER
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CERTIFICATE OF SERVICE of Memorandum of Law and attachments served on The City of New York, New York City Department of Transportation, Plaintiff-Intervenors on 12/10/2008. Service was made by E-Mail. Document filed by United States of America. (Yu, Li) (Entered: 12/10/2008)

Dec. 10, 2008 PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Howard Gary Wien to RE-FILE Document 32 Declaration in Opposition to Motion. ERROR(S): Supporting Document must be filed separately (i.e. Affidavit in Opposition, Memorandum in Opposition of Motion and Rule 56.1 Statement (found under event Other Anawers) to be filed individually). ***REMINDER*** - Re-File Declaration also. (db)

Dec. 10, 2008 PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Li Yu to RE-FILE Document 33 Memorandum of Law in Opposition to Motion. ERROR(S): Supporting Document must be filed separately (i.e. Counter-Statement to Rule 56.1 to be filed individually - found under the event type Other Answers). ***REMINDER*** - Re-File Memorandum in Opposition. (db)

Dec. 10, 2008 PACER
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MEMORANDUM OF LAW in Opposition re: 22 MOTION for Summary Judgment.. Document filed by United States of America. (Yu, Li) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
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RESPONSE in Opposition re: 22 MOTION for Summary Judgment. Responsive Statement of the United States to Defendants' Local Civil Rule 56.1 Statement. Document filed by United States of America. (Yu, Li) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
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DECLARATION of Howard Wien, Esq in Opposition re: 22 MOTION for Summary Judgment.. Document filed by Structural Steel and Bridge Painters of Greater New York, Local 806. (Wien, Howard) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
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FIRST MEMORANDUM OF LAW in Opposition re: 22 MOTION for Summary Judgment.. Document filed by Structural Steel and Bridge Painters of Greater New York, Local 806. (Wien, Howard) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
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COUNTER STATEMENT TO Document filed by Structural Steel and Bridge Painters of Greater New York, Local 806. (Wien, Howard) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
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ENDORSED LETTER addressed to Judge William H. Pauley from Bruce Rosenbaum dated 12/16/08 re: Defendants request that the page limit for their reply memo of law be extended from 10 to 20 pages. In addition, defendant request a brief extension of their time to serve and file their reply papers from 12/19/08 to 12/24/08. ENDORSEMENT: Application granted in part, denied in part. Defendants' time to serve and file their reply papers is extended to December 24, 2008. Defendants' request to exceed the ten page limit is denied. Set Deadlines/Hearing as to 22 MOTION for Summary Judgment:( Replies due by 12/24/2008.) (Signed by Judge William H. Pauley, III on 12/18/08) (tro) (Entered: 12/19/2008)

Dec. 18, 2008 PACER
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REPLY MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment.. Document filed by City of New York, New York City Department of Transportation. (Rosenbaum, Bruce) (Entered: 12/25/2008)

Dec. 25, 2008 PACER
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REPLY AFFIRMATION of Assistant Corporation Counsel Bruce Rosenbaum in Support re: 22 MOTION for Summary Judgment.. Document filed by City of New York, New York City Department of Transportation. (Attachments: # 1 Exhibit YY, # 2 Exhibit ZZ, # 3 Exhibit AAA Part 1, # 4 Exhibit AAA Part 2, # 5 Exhibit AAA Part 3, # 6 Exhibit BBB Part 1, # 7 Exhibit BBB Part 2, # 8 Exhibit CCC, # 9 Exhibit EEE, # 10 Exhibit FFF)(Rosenbaum, Bruce) (Entered: 12/25/2008)

2 Exhibit YY

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3 Exhibit ZZ

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4 Exhibit AAA Part 1

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5 Exhibit AAA Part 2

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6 Exhibit AAA Part 3

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7 Exhibit BBB Part 1

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8 Exhibit BBB Part 2

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9 Exhibit CCC

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10 Exhibit EEE

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11 Exhibit FFF

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Dec. 25, 2008 PACER
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REPLY AFFIRMATION of Assistant Corporation Counsel Bruce Rosenbaum in Support re: 22 MOTION for Summary Judgment.. Document filed by City of New York, New York City Department of Transportation. (Attachments: # 1 Exhibit DDD Part 1, # 2 Exhibit DDD Part 2, # 3 Exhibit DDD Part 3, # 4 Exhibit DDD Part 4)(Rosenbaum, Bruce) (Entered: 12/25/2008)

2 Exhibit DDD Part 1

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3 Exhibit DDD Part 2

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4 Exhibit DDD Part 3

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5 Exhibit DDD Part 4

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Dec. 25, 2008 PACER
45

ENDORSED LETTER addressed to Judge William H. Pauley from Li Yu dated 12/23/08 re: Request for leave from the Court to file substitute exhibits (nos. 26,31-33) to the United States' opposition to Defendants motion for summary judgment that include appropriate redactions to remove certain personally identifiable information. ENDORSEMENT: Application Granted. (Signed by Judge William H. Pauley, III on 12/30/08) (cd) (Entered: 12/31/2008)

Dec. 30, 2008 PACER
46

MEMORANDUM AND ORDER, that Defendants' motion for summary judgment is granted in part and denied in part. Defendants' motion for summary judgment dismissing Plaintiff- Intervenors' claims is granted. Defendants' motion for summary judgment dismissing the pattern-or-practice claim of the United States is denied. (Signed by Judge William H. Pauley, III on 7/2/09) (pl) (Entered: 07/02/2009)

July 2, 2009 PACER
47

SCHEDULING ORDER: this Court will hold a conference on July 30, 2009, at II :30 a.m. to set a schedule for the submission of a joint pre-trial order and final pre-trial conference. (Signed by Judge William H. Pauley, III on 7/2/09) (pl) (Entered: 07/02/2009)

July 2, 2009 PACER
48

SCHEDULING ORDER: The parties shall submit a joint pre-trial order in accord with this Court's Individual Practices by 8/31/09. Each party shall submit its motions in limine by 9/14/09. Each party shall submit its opposition to motions in limine by 9/23/09. Each party shall submit any reply concerning motions in limine by 9/30/09. Each party shall submit its pre-trial legal memoranda by 10/6/09. Final Pretrial Conference set for 10/9/2009 at 12:00 PM before Judge William H. Pauley III. This Court will commence a bench trial on 10/13/09. (Signed by Judge William H. Pauley, III on 7/30/09) (tro) (Entered: 07/31/2009)

July 31, 2009 PACER
49

MOTION in Limine Seeking Ruling on Admissibility of Evidence at Trial. Document filed by United States of America.(Vargas, Jeannette) (Entered: 09/14/2009)

Sept. 14, 2009 PACER
50

MEMORANDUM OF LAW in Support re: 49 MOTION in Limine Seeking Ruling on Admissibility of Evidence at Trial.. Document filed by United States of America. (Vargas, Jeannette) (Entered: 09/14/2009)

Sept. 14, 2009 PACER
51

DECLARATION of Jeannette A. Vargas in Support re: 49 MOTION in Limine Seeking Ruling on Admissibility of Evidence at Trial.. Document filed by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Vargas, Jeannette) (Entered: 09/14/2009)

2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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Sept. 14, 2009 PACER
52

MOTION in Limine. Document filed by City of New York, New York City Department of Transportation.(Rosenbaum, Bruce) (Entered: 09/14/2009)

Sept. 14, 2009 PACER
53

MEMORANDUM OF LAW in Support re: 52 MOTION in Limine.. Document filed by City of New York, New York City Department of Transportation. (Rosenbaum, Bruce) (Entered: 09/15/2009)

Sept. 15, 2009 PACER
54

ENDORSED LETTER addressed to Judge William H. Pauley from Li Yu dated 8/31/09 re: Counsel respectfully request leave to re-open discovery for the limited purpose of conducting a deposition of a representative of the New York City Department of Transportation pursuant to F.R.C.P. 30(b)(6) on the subject of DOT's plans to hire twelve provisional bridge painters in the near future. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 9/18/09) (tro) (Entered: 09/18/2009)

Sept. 18, 2009 PACER
55

MEMORANDUM OF LAW in Opposition re: 52 MOTION in Limine.. Document filed by United States of America. (Yu, Li) (Entered: 09/23/2009)

Sept. 23, 2009 PACER
56

DECLARATION of Li Yu in Opposition re: 52 MOTION in Limine.. Document filed by United States of America. (Attachments: # 1 Exhibit 1 to Yu Declaration, # 2 Exhibit 2 to Yu Declaration, # 3 Exhibit 3 to Yu Declaration, # 4 Exhibit 4 to Yu Declaration, # 5 Exhibit 5 to Yu Declaration, # 6 Exhibit 6 to Yu Declaration, # 7 Exhibit 7 to Yu Declaration)(Yu, Li) (Entered: 09/23/2009)

6 Exhibit 5 to Yu Declaration

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7 Exhibit 6 to Yu Declaration

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8 Exhibit 7 to Yu Declaration

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Sept. 23, 2009 PACER
57

MEMORANDUM OF LAW in Opposition re: 49 MOTION in Limine Seeking Ruling on Admissibility of Evidence at Trial.. Document filed by City of New York, New York City Department of Transportation. (Rosenbaum, Bruce) (Entered: 09/23/2009)

Sept. 23, 2009 PACER
58

REPLY MEMORANDUM OF LAW in Support re: 49 MOTION in Limine Seeking Ruling on Admissibility of Evidence at Trial.. Document filed by United States of America. (Yu, Li) (Entered: 09/30/2009)

Sept. 30, 2009 PACER
59

REPLY MEMORANDUM OF LAW in Support re: 52 MOTION in Limine.. Document filed by City of New York, New York City Department of Transportation. (Rosenbaum, Bruce) (Entered: 09/30/2009)

Sept. 30, 2009 PACER
60

NOTICE OF APPEARANCE by Christopher Aaron Seacord on behalf of City of New York, New York City Department of Transportation (Seacord, Christopher) (Entered: 10/03/2009)

Oct. 3, 2009 PACER
61

FILING ERROR - WRONG EVERT TYPE SELECTED FROM MENU (Pre-Trial Memorandum) - MOTION for Pre-Trial Brief of the United States. Document filed by United States of America.(Yu, Li) Modified on 10/8/2009 (jar). (Entered: 10/06/2009)

Oct. 6, 2009 RECAP

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Li Yu to RE-FILE Document 61 MOTION for Pre-Trial Brief of the United States. Use the event type Pretrial Memorandum found under the event list Trial Documents. (jar)

Oct. 6, 2009 PACER
62

TRANSCRIPT of proceedings held on October 9, 2009 at 3:50 pm before Judge William H. Pauley, III. (rdz) (Entered: 11/06/2009)

Oct. 28, 2009 PACER
64

TRANSCRIPT of proceedings held on October 19, 2009 before Judge William H. Pauley, III. (eef) (Entered: 11/24/2009)

Nov. 23, 2009 PACER
65

TRANSCRIPT of proceedings held on October 13, 14, 15, 2009 before Judge William H. Pauley, III. (eef) (Entered: 11/24/2009)

Nov. 23, 2009 PACER
63

ORDER. The Clerk of this Court shall place the United States' proposed trial Exhibits Nos. 37, 39, 113 and 121, which were electronically filed as Exhibits 1-4 to the Yu Declaration, under seal so as to prevent the general public from viewing these documents. (Signed by Judge William H. Pauley, III on 11/23/09) (djc) (Entered: 11/24/2009)

Nov. 24, 2009 PACER

***DELETED DOCUMENT. Deleted document number 71 Order. The document was incorrectly filed in this case. Duplicate entry. (tve)

Nov. 24, 2009 PACER
66

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by United States of America. (Attachments: # 1 Exhibit A to United States' Proposed Findings of Fact and Conclusions of Law (Proposed Remedial Order))(Yu, Li) (Entered: 11/25/2009)

2 Exhibit A to United States' Proposed Findings of Fact and Conclusions of La

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Nov. 25, 2009 PACER
67

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by City of New York, New York City Department of Transportation.(Rosenbaum, Bruce) (Entered: 11/30/2009)

Nov. 30, 2009 PACER
68

ENDORSED LETTER addressed to Judge William H. Pauley III from Bruce Rosenbaum dated 11/30/2009 re: I am an Assistant Corporation Counsel in the office of Michael A. Cardozo, Corporation Counsel for the City of New York, attorney for the defendants in the above-referenced action. I write to request that the Court grant an extension of defendants' time to serve their proposed findings of fact and conclusions of law in the above case, which were filed by ECF early this morning (Docket No. 67), from November 25, 2009 until today. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/3/2009) (jmi) (Entered: 12/03/2009)

Dec. 3, 2009 PACER
69

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by City of New York, New York City Department of Transportation.(Rosenbaum, Bruce) (Entered: 12/04/2009)

Dec. 4, 2009 PACER
70

ENDORSED LETTER addressed to Judge William H. Pauley from Allison D. Penn dated 12/4/09 re: The United States requests a brief extension of time to file its Reply to the City's Proposed Findings of Fact and Conclusions of Law, from 12/9/09, to 12/16/09. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge William H. Pauley, III on 12/4/09) (tro) (Entered: 12/08/2009)

Dec. 8, 2009 PACER
71

POST TRIAL MEMORANDUM. Document filed by City of New York, New York City Department of Transportation.(Rosenbaum, Bruce) (Entered: 12/16/2009)

Dec. 16, 2009 PACER
72

POST TRIAL MEMORANDUM. Document filed by United States of America.(Vargas, Jeannette) (Entered: 12/16/2009)

Dec. 16, 2009 PACER
73

OPINION AND ORDER: #98977 Despite their years of bridge painting experience in the private sector, female Bridge Painter applicants were turned away by the Defendants. The City did not offer them jobs as Bridge Painters solely because they were women. This was unvarnished sex discrimination. The United States has proven that such discrimination was a pattern or practice of the City of New York and the Department of Transportation in the hiring of Bridge Painters. This Court adopts the Government's Proposed Order of Remedial Relief with respect to Sections I, II, III, V, VI, and VII. This Court will conduct a hearing to determine victim-specific compensation and job placement. The Government is directed to submit a proposed judgment consistent with this Opinion and Order by May 20, 2010. This Court will hold a conference on May 27, 2010 at 4:00 p.m. to discuss the status of this case and to schedule appropriate additional proceedings. The Clerk of Court is directed to terminate all motions in this case. (Signed by Judge William H. Pauley, III on 5/13/2010) (jfe) Modified on 5/24/2010 (ajc). (Entered: 05/13/2010)

May 13, 2010 RECAP
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ENDORSED LETTER addressed to Judge William H. Pauley from Bruce Rosenbaum dated 5/18/2010 re: Counsel requests that the Court adjourn the conference in this action currently scheduled for 5/27/2010 at 4pm to a subsequent date convenient for the Court. ENDORSEMENT: Application Granted. This Court will hold a conference on June 1, 2010 at 2:30 pm. (Status Conference set for 6/1/2010 at 02:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/19/2010) (tro) (Entered: 05/20/2010)

May 19, 2010 PACER
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COMPLIANCE INJUNCTION: The United States is entitled to the compliance relief pursuant to 42 U.S.C. 2000e-5(g) as further set forth in this Order. (Signed by Judge William H. Pauley, III on 5/28/2010) (tro) (Entered: 05/28/2010)

May 28, 2010 PACER
76

RULE 54(B) JUDGMENT in favor of United States of America against City of New York, and New York City Department of Transportation with respect to its request for compliance relief. (Signed by Judge William H. Pauley, III on 5/28/10) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 05/28/2010)

2 notice of right to appeal

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May 28, 2010 PACER
77

SCHEDULING ORDER: Responses due by 6/29/2010 Replies due by 7/7/2010. Status Conference set for 6/18/2010 at 10:00 AM before Judge William H. Pauley III. Status Report due by 6/8/2010. (Signed by Judge William H. Pauley, III on 6/1/2010) (jmi) (Entered: 06/02/2010)

June 1, 2010 PACER
78

POST TRIAL MEMORANDUM. Document filed by United States of America.(Vargas, Jeannette) (Entered: 06/18/2010)

June 18, 2010 PACER
79

ENDORSED LETTER: addressed to Judge William H. Pauley from Allison D. Penn dated 6/11/2010 re: The United States requests a three day extension of time to allow them to fully brief this additional issue. Under this adjusted schedule, the United States' brief would be due on June 18, the City's response, would be due on July 2; and the United States reply brief would be due on 7/9/2010. ENDORSEMENT: Application Granted. So Ordered (Signed by Judge William H. Pauley, III on 6/18/2010) (js) (Entered: 06/21/2010)

June 18, 2010 PACER
80

SCHEDULING ORDER: Counsel for all parties having appeared for a conference with this Court on June 18, 2010, the following schedule is established on consent: 1. This Court will hold a fairness hearing regarding the terms of the Compliance Injunction (Docket No. 75) on December 3, 3010, at 11:00 a.m. So Ordered. (Signed by Judge William H. Pauley, III on 6/18/2010) (js) (Entered: 06/21/2010)

June 18, 2010 PACER
81

NOTICE OF APPEAL from 76 Judgment,. Document filed by City of New York, New York City Department of Transportation. Filing fee $ 455.00, receipt number E 907460. (nd) (Entered: 06/29/2010)

June 25, 2010 PACER

Transmission of Notice of Appeal to the District Judge re: 81 Notice of Appeal. (nd)

June 29, 2010 PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 81 Notice of Appeal. (nd)

June 29, 2010 PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 35 Certificate of Service Other, filed by United States of America, 29 Scheduling Order, 15 Endorsed Letter, Set Deadlines/Hearings,,,, 79 Endorsed Letter, Set Deadlines/Hearings,,,, 40 Counter Statement to Rule 56.1 filed by Structural Steel and Bridge Painters of Greater New York, Local 806, 66 Proposed Findings of Fact filed by United States of America, 21 Scheduling Order, 19 Scheduling Order, 52 MOTION in Limine. filed by New York City Department of Transportation, City of New York, 34 Declaration in Opposition to Motion, filed by United States of America, 71 Post Trial Memorandum filed by New York City Department of Transportation, City of New York, 39 Memorandum of Law in Opposition to Motion filed by Structural Steel and Bridge Painters of Greater New York, Local 806, 25 Declaration in Support of Motion filed by New York City Department of Transportation, City of New York, 3 Notice of Appearance filed by New York City Department of Transportation, City of New York, 11 Scheduling Order, 81 Notice of Appeal filed by New York City Department of Transportation, City of New York, 43 Reply Affirmation in Support of Motion, filed by New York City Department of Transportation, City of New York, 5 Request to Participate, filed by Structural Steel and Bridge Painters of Greater New York, Local 806, 67 Proposed Findings of Fact filed by New York City Department of Transportation, City of New York, 26 Declaration in Support of Motion, filed by New York City Department of Transportation, City of New York, 54 Endorsed Letter, 23 Rule 56.1 Statement filed by New York City Department of Transportation, City of New York, 2 Waiver of Service Executed filed by United States of America, 77 Scheduling Order, 78 Post Trial Memorandum filed by United States of America, 4 Endorsed Letter, Set Deadlines/Hearings,, 20 Endorsed Letter, Set Deadlines/Hearings,, 17 Endorsed Letter,,, 27 Declaration in Support of Motion, filed by New York City Department of Transportation, City of New York, 69 Proposed Findings of Fact filed by New York City Department of Transportation, City of New York, 49 MOTION in Limine Seeking Ruling on Admissibility of Evidence at Trial. filed by United States of America, 60 Notice of Appearance filed by New York City Department of Transportation, City of New York, 37 Response in Opposition to Motion filed by United States of America, 18 Endorsed Letter, Set Hearings,, 8 Answer to Complaint filed by New York City Department of Transportation, City of New York, 13 Scheduling Order, Set Deadlines/Hearings,,,, 53 Memorandum of Law in Support of Motion filed by New York City Department of Transportation, City of New York, 73 Memorandum & Opinion, Set Hearings,,,,,,,, 57 Memorandum of Law in Opposition to Motion filed by New York City Department of Transportation, City of New York, 58 Reply Memorandum of Law in Support of Motion filed by United States of America, 50 Memorandum of Law in Support of Motion filed by United States of America, 9 Answer to Complaint filed by New York City Department of Transportation, City of New York, 61 MOTION for Pre-Trial Brief of the United States. filed by United States of America, 72 Post Trial Memorandum filed by United States of America, 10 Scheduling Order, 42 Reply Memorandum of Law in Support of Motion filed by New York City Department of Transportation, City of New York, 28 Memorandum of Law in Support of Motion filed by New York City Department of Transportation, City of New York, 1 Complaint filed by United States of America, 44 Reply Affirmation in Support of Motion, filed by New York City Department of Transportation, City of New York, 80 Scheduling Order, 74 Endorsed Letter, Set Hearings,, 45 Endorsed Letter, 70 Endorsed Letter, Set Deadlines,, 63 Order, 31 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, 22 MOTION for Summary Judgment. filed by New York City Department of Transportation, City of New York, 46 Order on Motion for Summary Judgment, 16 Endorsed Letter, Set Deadlines/Hearings,, 56 Declaration in Opposition to Motion, filed by United States of America, 30 Endorsed Letter, Set Deadlines/Hearings,, 24 Declaration in Support of Motion filed by New York City Department of Transportation, City of New York, 59 Reply Memorandum of Law in Support of Motion filed by New York City Department of Transportation, City of New York, 76 Judgment, 38 Declaration in Opposition to Motion filed by Structural Steel and Bridge Painters of Greater New York, Local 806, 7 Endorsed Letter, Set Deadlines/Hearings, Set Motion and R&R Deadlines/Hearings,,, 75 Permanent Injunction, 68 Endorsed Letter,, 55 Memorandum of Law in Opposition to Motion filed by United States of America, 36 Memorandum of Law in Opposition to Motion filed by United States of America, 47 Scheduling Order, 41 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, 48 Scheduling Order,, 51 Declaration in Support of Motion, filed by United States of America, 14 Notice of Appearance filed by United States of America were transmitted to the U.S. Court of Appeals. (nd)

June 29, 2010 PACER
82

TRIAL MEMORANDUM. Document filed by City of New York, New York City Department of Transportation.(Rosenbaum, Bruce) (Entered: 07/02/2010)

July 2, 2010 PACER
83

POST TRIAL MEMORANDUM. Document filed by United States of America.(Vargas, Jeannette) (Entered: 07/09/2010)

July 9, 2010 PACER
84

ENDORSED LETTER addressed to Judge William H. Pauley from Jeannette A. Vargas dated 8/5/2010 re: The parties request that the United States' request for victim-specific relief be stayed until such time as the settlement approval process is concluded. ENDORSEMENT: Application Granted. The parties shall submit a report or settlement to this Court by August 13, 2010. (Signed by Judge William H. Pauley, III on 8/6/2010) (tro) (Entered: 08/09/2010)

Aug. 9, 2010 PACER
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ENDORSED LETTER addressed to Judge William H. Pauley, III from Li Yu dated 8/13/10 re: In the event that the approval process requires additional time, we will submit a report to the Court on August 24, 2010, on the status of this matter. ENDORSEMENT: Application granted., (Status Report due by 8/24/2010.) (Signed by Judge William H. Pauley, III on 8/16/10) (rjm) (Entered: 08/17/2010)

Aug. 16, 2010 PACER
86

ORDER OF DISCONTINUANCE It having been reported to this Court that this action has been or will be settled, it is hereby ordered that this action be discontinued without costs to any party, and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days of the date of this Order. The Clerk of Court is directed to terminate all motions pending as of this date and mark this case closed. SO ORDERED. (Signed by Judge William H. Pauley, III on 9/3/2010) (jmi) (Entered: 09/07/2010)

Sept. 3, 2010 PACER
87

STIPULATION AND ORDER OF SETTLEMENT WITH RESPECT TO VICTIM-SPECIFIC RELIEF. IT IS STIPULATED, AGREED AND ORDERED that: In full and complete satisfaction of the claims of the United States in this action for victim specific relief on behalf of the Claimants, the Defendants shall offer the following backpay relief: A monetary award of two hundred fifty thousand dollars ($250,000), subject to the applicable deductions for federal, state and local withholding taxes on the monetary award as required by law, to Helen Jackson; A monetary award of two hundred fifty thousand dollars ($250,000), subject to the applicable deductions for federal, state and local withholding taxes on the monetary award as required by law, to Joann Rush; A monetary award of two hundred and fifty thousand dollars ($250,000), subject to the applicable deductions for federal, state and local withholding taxes on the monetary award as required by law, to Luzia M. Oliskovicz; and A monetary award of two hundred and fifty thousand dollars ($250,000), subject to the applicable deductions for federal, state and local withholding taxes on the monetary award as required by law, to Efrosini Katanakis, and as further set forth in said order. The United States and the Defendants shall bear their own costs and fees in this action, except that the parties shall retain the right to seek costs and fees for any matter which, in the future, may arise from this Agreement or from the Compliance Injunction and require resolution by the Court. (Signed by Judge William H. Pauley, III on 9/30/10) (rjm) (Entered: 09/30/2010)

Sept. 30, 2010 PACER
88

ENDORSED LETTER addressed to Judge William H. Pauley, III, from Bruce Rosenbaum dated 10/6/2010 re: Defendants request that the Court approve the enclosed proposed Notice of Fair Hearing, Instructions for Filing and Objection Prior to the Fairness Hearing, and a form Objection to the Entry of Injunction of Remedial Relied so that they can timely comply with the Court's Order by 10/8/2010. ENDORSEMENT: The Court approves the proposed Notice, Instructions, and form Objections. So Ordered. (Signed by Judge William H. Pauley, III on 10/6/2010) (jfe) Modified on 10/28/2010 (jfe). (Entered: 10/08/2010)

Oct. 7, 2010 PACER
89

MANDATE of USCA (Certified Copy) as to 81 Notice of Appeal filed by New York City Department of Transportation, City of New York USCA Case Number 10-2627....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/19/2010. (nd) (Entered: 10/20/2010)

Oct. 20, 2010 PACER

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: March 12, 2007

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of women discriminated on the basis of sex in hiring process of New York City Department of Transportation

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), State

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,000,000.00

Order Duration: 2010 - 2013

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Hire

Monitoring

Other requirements regarding hiring, promotion, retention

Recordkeeping

Reporting

Retaliation Prohibition

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Harassment / Hostile Work Environment

Hiring

Discrimination-basis:

Sex discrimination

Affected Gender:

Female