Case: United States of America v. State of Ohio Environmental Protection Agency

2:05-cv-00799 | U.S. District Court for the Southern District of Ohio

Filed Date: Aug. 26, 2005

Closed Date: March 5, 2009

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Case Summary

On August 26, 2005 the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII, 42 U.S.C. § 2000e, et seq. ("Title VII") in the United States District Court for the Southern District of Ohio. The complaint was filed against the State of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employee Relations Board ("SERB"), Ohio Civil Service Employees Association ("OCSEA"), AFSCME Local 11, and the AFL-CIO. The D.O.J. asked the court for injunctive and compensatory relief alleging that the defendant's had violated Title VII by discriminating against an employee of the Ohio Environmental Protection Agency by discriminating on the basis of religion and failing to reasonably accommodate the religious observances, practices, and beliefs of certain State employees who are subject to its collective bargaining agreement(s) with Ohio.

Specifically, the complaint alleges that the defendants violated Title VII by: (1) failing or refusing to reasonably accommodate the religious observances, practices, and beliefs of those State employees who hold sincere religious objections to associating with and financially supporting employee organizations such as OCSEA, but who are not members and adherents of religions that historically have held conscientious objections to joining or financially supporting employee organizations; (2) subjecting State employees to disparate treatment on the basis of religion by allowing employees who are members and adherents of religions that historically have held conscientious objections to joining or financially supporting employee organizations to redirect their fair share fees to nonreligious charities, but denying the same accommodation to employees who are not members and adherents of such religions, even if they hold sincere religious objections to associating with and financially supporting employee organizations such.

On September 5, 2006 the District Court (Judge Gregory L. Frost) entered the consent decree agreed upon by the parties. The consent decree provides that the defendants: (1) are prohibited from establishing, maintaining, and/or implementing any policy or procedure (or otherwise engaging in any act or practice) that denies substituted charity accommodations to State employees, who hold sincere religious objections to associating with and/or financially supporting an employee organization such as OCSEA, whether or not they are members and adherents of religions that historically have held conscientious objections to joining or financially supporting employee organizations, pursuant to Title VII; (2) are prohibited from retaliating against, or in any way adversely affecting the terms and conditions of employment of any person because that person has requested a religious accommodation concerning the payment of his or her union dues or fair share fees, or has engaged in other conduct protected by 42 U.S.C. § 2000e-3(a); (3) shall continue to abide by and implement the religious accommodation policy and procedure ("Accommodation Procedure"), which they have incorporated into their 2006-2009 collective bargaining agreement; (4) within thirty days from the close of each reporting period, shall provide the United States and the EEOC with a semi-annual report that contains a summary of each religious accommodation request made by a State employee pursuant to the Accommodation Procedure.

The consent decree further stipulates specific compensation for the employee for the Environmental Protection Agency: (1) Within fifteen days of entry of the Decree, the State and OCSEA shall grant the employee a religious accommodation that redirects his dues or fair share fees to a charitable organization he designates, excluding any organization in which he has a financial interest or is an officer, agent or employee, and excluding any organization that does not or will not accept an electronic transfer of funds from the State. The amount of dues or fair share fees retroactively redirected, however, shall not exceed three thousand five hundred dollars ($3,500.00). Going forward, the State shall effectuate this accommodation by forwarding the dues or fair share fees taken from employee's pay directly to the charitable organization he designates. (2) Within fifteen days from the entry of the Decree, OCSEA shall ensure that the dues or fair share fees employee has paid OCSEA since June 17, 2002 are retroactively redirected to a mutually agreed upon charitable organization. (3) The employee shall be eligible to recover from the State and OCSEA reasonable costs and attorney's fees, upon submission of proper supporting documentation.

Summary Authors

James Floyd (11/15/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4718627/parties/united-states-v-state-of-ohio/

Judge(s)

Attorney for Plaintiff

Blutter, Sarah C (District of Columbia)

Attorney for Defendant

Adams, Katharine (Ohio)

Allen, Michael David (Ohio)

Bell, Sandra Faye (Ohio)

Expert/Monitor/Master/Other

Brey, Donald Carl (Ohio)

Judge(s)

Frost, Gregory L. (Ohio)

King, Philip A. (Ohio)

Attorney for Plaintiff

Blutter, Sarah C (District of Columbia)

D'Alessandro, Mark Thomas (Ohio)

Fenton, William B. (District of Columbia)

Mays, Lawrence (Ohio)

Palmer, David J. (District of Columbia)

Roth, Christine M. (District of Columbia)

Schlozman, Bradley (District of Columbia)

Stern, Jefferey A (Ohio)

Tshibaka, Jean Christian (District of Columbia)

Watson, C. Larry (Ohio)

Attorney for Defendant

Adams, Katharine (Ohio)

Allen, Michael David (Ohio)

Bell, Sandra Faye (Ohio)

Decker, Jack Wilson (Ohio)

Keith, J Russell (Ohio)

Melle, James Edward (Ohio)

Petro, Jim (Ohio)

Qadir, Mahjabeen F (Ohio)

Spalding, Sloan T (Ohio)

Other

Brey, Donald Carl (Ohio)

Cameron, Bruce N (Virginia)

Lockhart, Gregory G. (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:05-cv-00799	Docket	April 23, 2007	April 23, 2007 Docket
1 2:05-cv-00799	Complaint	Aug. 26, 2005	Aug. 26, 2005 Complaint
7 2:05-cv-00799	Plaintiff-Intervenor's Complaint	Sept. 21, 2005	Sept. 21, 2005 Complaint
1 2:05-cv-00881	Complaint-Nature of Action	Sept. 23, 2005	Sept. 23, 2005 Complaint
21 2:05-cv-00799 2:05-cv-00881	Defendent State Relations Board's Answer to Plaintiff-Intervenor's Complaint	Nov. 14, 2005	Nov. 14, 2005 Pleading / Motion / Brief
23 2:05-cv-00799 2:05-cv-00881	Defendant State Employee Relations Board's Answer to Plaintiff Equal Employment Opportunity Commission's Complaint	Nov. 15, 2005	Nov. 15, 2005 Pleading / Motion / Brief
50 2:05-cv-00799 2:05-cv-00881	Answer of Defendants State of Ohio, Ohio Environmental Protection Agency, and Ohio Department of Administrative Services, To Complaint of Intervenor	Feb. 3, 2006	Feb. 3, 2006 Pleading / Motion / Brief
49 2:05-cv-00799 2:05-cv-00881	Plaintiff-Intervenor's First Amended Complaint	June 12, 2006	June 12, 2006 Complaint
63 2:05-cv-00799 2:05-cv-00881	Answer of Defendants State of Ohio, Ohio Environmental Protection Agency, and Ohio Department of Administrative Services of First Amended Complaint of Intervenor	June 21, 2006	June 21, 2006 Pleading / Motion / Brief
68 2:05-cv-00799 2:05-cv-00881	Consent Decree	Sept. 5, 2006	Sept. 5, 2006 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4718627/united-states-v-state-of-ohio/

Last updated April 6, 2025, 11:12 a.m.

Docket for: United States v. State Of Ohio

ECF Number	Date	Description	Link
1	Aug. 26, 2005	COMPLAINT filed by Plaintiff United States of America against Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board & Ohio Civil Service Employees Association, AFSCME Local 11, AFL- CIO.(er ) (Entered: 08/26/2005)	Clearinghouse
2	Sept. 9, 2005	MOTION for Leave for Sandra F. Bell to Appear Pro Hac Vice by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (er ) (Entered: 09/13/2005)	PACER
	Sept. 9, 2005	Filing fee for phv for Bell: $ 50, receipt number 200248182. (er ) (Entered: 09/13/2005)	PACER
3	Sept. 14, 2005	ORDER granting 2 Motion for Leave for Sandra F. Bell to Appear Pro Hac Vice on behalf of defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. Signed by Judge Norah McCann King on 9/14/05. (er ) . (Entered: 09/15/2005)	PACER
4	Sept. 19, 2005	WAIVER OF SERVICE Returned Executed Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO waiver sent on 8/26/2005, answer due 10/25/2005. (er ) (Entered: 09/20/2005)	PACER
5	Sept. 21, 2005	MOTION to Intervene of Glen Greenwood . (Brey, Donald) (Entered: 09/21/2005)
6	Sept. 21, 2005	AFFIDAVIT in Support re 5 MOTION to Intervene of Glen Greenwood filed by Intervenor Plaintiff Glen Greenwood. (jdm, ) (Entered: 09/22/2005)
7	Sept. 21, 2005	TENDERED INTERVENOR COMPLAINT against all defendants submitted by Intervenor Glen Greenwood (Brey, Donald) . (Entered: 09/21/2005)	Clearinghouse
8	Sept. 21, 2005	MOTION for Limited Admission of Attorney Bruce N. Cameron, pro hac vice, by Intervenor Plaintiff Glen Greenwood. (Attachments: # 1 Exhibit DC Court of Appeals Certificate of Good Standing)(Brey, Donald) (Entered: 09/21/2005)	PACER
9	Sept. 22, 2005	ORDER granting 8 Motion for Limited Admission of Bruce N. Cameron, on behalf of intervenor pltf Glen Greenwood. Signed by Judge Norah McCann King on 9/22/05. Signed by Judge Norah McCann King on 9/22/05. (er ) (Entered: 09/22/2005)	PACER
10	Sept. 22, 2005	WAIVER OF SERVICE Returned Executed: Ohio State Employment Relations Board waiver sent on 8/26/2005, answer due 10/25/2005. (er ) (Entered: 09/23/2005)	PACER
	Sept. 22, 2005	Filing fee for attorney Bruce Cameron $ 50.00, receipt number 248329 for phv motion. (rew ) (Entered: 09/22/2005)	PACER
	Sept. 22, 2005	Notice of Correction re:6 Affidavit in Support of Motion - originally docketed as a motion to intervene. Corrected to read affidavit in support of motion to intervene. (jdm, ) (Entered: 09/22/2005)	PACER
11	Sept. 23, 2005	WAIVER OF SERVICE Returned Executed: State Of Ohio waiver sent on 8/26/2005, answer due 10/25/2005; Ohio Environmental Protection Agency waiver sent on 8/26/2005, answer due 10/25/2005; Ohio Department of Administrative Services waiver sent on 8/26/2005, answer due 10/25/2005. (er ) (Entered: 09/26/2005)	PACER
12	Sept. 29, 2005	MOTION for Leave to Appear Pro Hac Vice for attorneys Christine Roth and Jean Christian Kanyiki Tshibaka filed by Plaintiff United States of America. (Attachments: # 1 Exhibit 1 - Cert of Good Standing Roth# 2 Exhibit 2 - Cert of Good Standing Tshibaka)(D'Alessandro, Mark) (Entered: 09/29/2005)	PACER
13	Sept. 30, 2005	ORDER granting 12 Motion for Christine Roth & Jean Tshibaka Leave to Appear Pro Hac Vice on behalf of the Plaintiff. Signed by Judge Norah McCann King on 09/30/2005. (mvl ) (Entered: 10/03/2005)	PACER
14	Oct. 7, 2005	NOTICE of Appearance by Michael David Allen Defendant Ohio State Employment Relations Board (Allen, Michael) (Entered: 10/07/2005)	PACER
15	Oct. 11, 2005	ORDER re 14 Notice of Appearance: Document is unsigned and is therefore ORDERED STRICKEN from the record. Counsel for the defendant is DIRECTED to file a properly executed notice of appearance. Signed by Judge Norah McCann King on 10/11/05. (er ) (Entered: 10/11/2005)	PACER
16	Oct. 12, 2005	CORRECTED NOTICE of Appearance by Michael David Allen Defendant Ohio State Employment Relations Board (Allen, Michael) (Entered: 10/12/2005)	PACER
17	Oct. 21, 2005	ANSWER to Complaint, CROSSCLAIM against Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO by Defendants Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Decker, Jack) (Entered: 10/21/2005)	PACER
18	Oct. 21, 2005	Joint MOTION to Consolidate Cases by Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board. (Attachments: # 1 Exhibit A - Complaint (799)# 2 Exhibit B - P/I Greenwood's Complaint ((799)# 3 Exhibit C - EEOC Complaint (881)# 4 Exhibit D - P/I Greenwood Complaint (881))(Decker, Jack) (Entered: 10/21/2005)	PACER
19	Oct. 21, 2005	OCSEA ANSWER to Complaint of Glen Greenwood , First COUNTERCLAIM of OCSEA against Glen Greenwood by Intervenor Plaintiffs Glen Greenwood, Glen Greenwood, Plaintiff United States of America, Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Cross Claimants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Cross Defendants Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO.(Bell, Sandra) (Entered: 10/21/2005)	PACER
20	Oct. 21, 2005	First COUNTERCLAIM of OCSEA against Glen Greenwood, filed by Intervenor Plaintiffs Glen Greenwood, Glen Greenwood, Plaintiff United States of America, Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Cross Claimants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Cross Defendants Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Counter Claimants Glen Greenwood, United States of America, State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio State Employment Relations Board, Counter Defendant Glen Greenwood.(Bell, Sandra) (Entered: 10/21/2005)	PACER
21	Oct. 24, 2005	NOTICE of Hearing: Pretrial Conference set for 12/7/2005 @ 02:15 PM in chambers before Norah McCann King. Gregory L Frost. (Attachments: # 1 # 2 # 3)(jdm, ) (Entered: 10/24/2005)	Clearinghouse
22	Oct. 24, 2005	ANSWER to Complaint by Defendant Ohio State Employment Relations Board.(Allen, Michael) (Entered: 10/24/2005)	PACER
23	Oct. 25, 2005	ANSWER to Complaint by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO.(Bell, Sandra) (Entered: 10/25/2005)	Clearinghouse
24	Oct. 26, 2005	ORDER re 18 Joint MOTION to Consolidate Cases filed by State Of Ohio,, Ohio Environmental Protection Agency, Ohio Department of Administrative Services & Ohio State Employment Relations Board; Non-oral hearing on said motion set for 12/9/2005. Signed by Judge Gregory L Frost on 10/26/05. (sem, ) (Entered: 10/26/2005)	PACER
25	Oct. 28, 2005	Plaintiff-Intervenor's ANSWER to Counterclaim of Ohio Civil Service Employees' Association, AFSCME Local 11, AFL-CIO by Counter Defendant Glen Greenwood.(Cameron, Bruce) (Entered: 10/28/2005)	PACER
26	Nov. 8, 2005	Consent to Joint Motion to Consolidate Case with C2-05-881 filed by Intervenor Plaintiff Glen Greenwood. (Cameron, Bruce) (Entered: 11/08/2005)	PACER
27	Nov. 9, 2005	RESPONSE to Motion re 18 Joint MOTION to Consolidate Cases filed by Plaintiff United States of America. (Tshibaka,Jean) (Entered: 11/09/2005)
28	Nov. 15, 2005	REPLY to Response to Motion re 18 Joint MOTION to Consolidate Cases filed by Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board. (Decker, Jack) (Entered: 11/15/2005)	PACER
29	Nov. 22, 2005	RULE 26(f) REPORT filed by Plaintiff United States of America. (Attachments: # 1 Attachment A# 2 Certificate of Service)(Tshibaka, Jean) (Entered: 11/22/2005)	PACER
30	Dec. 2, 2005	MOTION for Sanctions against Rule 19 Defendant Ohio Civil Service Employees' Association, AFSCME Local 11, AFL-CIO by Intervenor Plaintiff Glen Greenwood. (Attachments: # 1 Supporting Memorandum# 2 Affidavit Greenwood's Declaration# 3 Affidavit Cameron Declaration)(Cameron, Bruce) (Entered: 12/02/2005)	PACER
31	Dec. 5, 2005	NOTICE of Hearing: The preliminary pretrial conference set for 12/7/2005 @ 2:15 pm has been vacated. The pretrial conference will be reset after resolution of the motion to consolidate in 2:05-cv-881. Gregory L Frost. (jdm, ) (Entered: 12/05/2005)	PACER
32	Dec. 5, 2005	ORDER granting 18 Motion to Consolidate Case with C2-05- 881 . Signed by Judges Gregory L Frost and George C Smith on 12/5/05. (sem, ) (Entered: 12/05/2005)	PACER
33	Dec. 6, 2005	ORDER re 30 MOTION for Sanctions against Rule 19 Defendant Ohio Civil Service Employees' Association, AFSCME Local 11, AFL-CIO filed by Glen Greenwood; Non-oral hearing on said motion set for 1/23/2006. Signed by Judge Gregory L Frost on 12/6/05. (sem, ) (Entered: 12/06/2005)	PACER
34	Dec. 6, 2005	NOTICE of Hearing: Pretrial Conference set for 2/22/2006 @ 02:15 PM in chambers before Norah McCann King. (Attachments: # 1 # 2 # 3)(jm1, ) (Entered: 12/06/2005)	PACER
35	Dec. 7, 2005	MOTION to Dismiss Compulsory Counterclaim by Counter Claimant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. Responses due by 1/2/2006 (Bell, Sandra) (Entered: 12/07/2005)	PACER
36	Dec. 7, 2005	RESPONSE to Motion re 30 MOTION for Sanctions against Rule 19 Defendant Ohio Civil Service Employees' Association, AFSCME Local 11, AFL-CIO Memorandum Contra filed by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Bell, Sandra) (Entered: 12/07/2005)	PACER
37	Dec. 8, 2005	ORDER re 35 MOTION to Dismiss Compulsory Counterclaim filed by Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO; Non-oral hearing on said motion set for 1/23/2006. Signed by Judge Gregory L Frost on 12/8/05. (sem, ) (Entered: 12/08/2005)	PACER
38	Dec. 8, 2005	ORDER that all future filings shall be filed in C2-05-799 & C2- 05-881. Signed by Judge Gregory L Frost on 12/8/05. (sem, ) (Entered: 12/08/2005)	PACER
39	Dec. 9, 2005	RESPONSE to Motion re 30 MOTION for Sanctions against Rule 19 Defendant Ohio Civil Service Employees' Association, AFSCME Local 11, AFL-CIO filed by Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services. (Decker, Jack) (Entered: 12/09/2005)	PACER
40	Dec. 14, 2005	REPLY to Response to Motion re 30 MOTION for Sanctions against Rule 19 Defendant Ohio Civil Service Employees' Association, AFSCME Local 11, AFL-CIO filed by Intervenor Plaintiff Glen Greenwood. (Attachments: # 1 Affidavit Second Declaration of Bruce N. Cameron Supporting Rule 11 Motion)(Cameron, Bruce) (Entered: 12/14/2005)	PACER
41	Dec. 14, 2005	RESPONSE in Support re 35 MOTION to Dismiss Compulsory Counterclaim of Ohio Civil Service Employees' Association, AFSCME Local 11, AFL-CIO filed by Counter Defendant Glen Greenwood. (Cameron, Bruce) (Entered: 12/14/2005)	PACER
42	Jan. 13, 2006	NOTICE by Plaintiff United States of America of Substitution of William Fenton as counsel (Tshibaka, Jean) (Entered: 01/13/2006)	PACER
43	Jan. 17, 2006	ORDER granting # 5 Motion to Intervene. Signed by Judge Norah McCann King on 1/17/06. (rew) (Entered: 01/17/2006)	PACER
44	Jan. 17, 2006	Complaint of Intervenor , filed by Intervenor Plaintiff Glen Greenwood, Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO.(rew ) (Entered: 01/17/2006)	PACER
45	Jan. 18, 2006	MOTION for Leave to Appear Pro Hac Vice William B. Fenton by Plaintiff United States of America. (Attachments: # 1 Exhibit 1-Certificate of Good Standing)(D'Alessandro, Mark) (Entered: 01/18/2006)	PACER
46	Jan. 19, 2006	ORDER granting 45 Motion for Leave for William B. Fenton to Appear Pro Hac Vice on behalf of plaintiff United States ofAmerica. Signed by Judge Norah McCann King on 1/19/06. (er) (Entered: 01/19/2006)
47	Jan. 27, 2006	Witness List by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Bell, Sandra) (Entered: 01/27/2006)	PACER
48	Feb. 2, 2006	REPORT of Rule 26(f) Planning Meeting for No. 05-799 & No. 05-881 . (Attachments: # 1 Supplement "Attachment A" to Amended Report)(Tshibaka, Jean) (Entered: 02/02/2006)	PACER
49	Feb. 3, 2006	NOTICE by Defendant Ohio State Employment Relations Board re 44 Intervenor Complaint, (Allen, Michael) (Entered: 02/03/2006)	Clearinghouse
50	Feb. 3, 2006	ANSWER to Intervenor Complaint, CROSSCLAIM against Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO by Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Cross Defendants Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Counter Claimant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO.(Decker, Jack) (Entered: 02/03/2006)	Clearinghouse
51	Feb. 6, 2006	NOTICE of withdraw from the case effective 5/12/06 by plaintiffs co counsel Christine Roth U.S. Department of Justice.(rew ) Modified on 2/8/2006 to correct docket entry. (rew) (Entered: 02/06/2006)	PACER
52	Feb. 22, 2006	PRELIMINARY PRETRIAL ORDER: Joinder of Parties & Motions to Amend due by 6/9/2006. Primary Expert due by 8/25/2006. Rebuttal Expert due by 10/11/2006. Discovery due by 1/18/2007. Motions for summary judgment, including motions addressing jurisdictional issues, due by 3/1/2007. Settlement Week set for 12/2006. Final Pretrial Conference ready by 6/1/2007. Motion to dismiss the counterclaim with prejudice, doc 35, is GRANTED. Signed by Judge Norah McCann King on 2/22/06. (er ) (Entered: 02/23/2006)	PACER
53	March 2, 2006	SCHEDULING ORDER: Discovery due by 1/18/2007. Dispositive Motions due by 3/1/2007. Court Trial set for 8/20/2007 09:00 AM in Courtroom 4 before Gregory L Frost. Non-oral hearing on said motions set for 4/27/2007 08:00 AM before Gregory L Frost. Final Pretrial Conference set for 7/11/2007 12:00 PM in chambers before Gregory L Frost. Signed by Judge Gregory L Frost on 3/2/06. (sem, ) (Entered:03/02/2006)
54	March 2, 2006	NOTICE of Final Pretrial and Trial (sem, ) (Entered: 03/02/2006)	PACER
55	March 2, 2006	NOTICE of Appearance by Jean Christian Tshibaka for Plaintiff United States of America (Tshibaka, Jean) (Entered: 03/02/2006)	PACER
56	March 8, 2006	MOTION for Leave to Appear Pro Hac Vice for attorney Sarah C. Blutter filed by Plaintiff United States of America. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(D'Alessandro, Mark) (Entered: 03/08/2006)	PACER
57	March 8, 2006	NUNC PRO TUNC ORDER regarding party Ohio Civil Service Employees Association . Signed by Judge Gregory L Frost on 3/8/06. (sem, ) (Entered: 03/08/2006)	PACER
58	March 10, 2006	ORDER granting 56 Motion for Leave for Sarah C. Blutter to Appear Pro Hac Vice obo plaintiff United States of America. Signed by Judge Norah McCann King on 3/9/06. (er ) (Entered: 03/10/2006)	PACER
59	March 28, 2006	ORDER denying 30 Plaintiff-Intervenor Greenwood's Motion for Sanctions . Signed by Judge Gregory L Frost on 3/28/06. (sem, )	RECAP
60	June 8, 2006	MOTION to Amend Intervenor's Complaint by Intervenor Plaintiff Glen Greenwood. (Attachments: # 1 Supporting Memorandum# 2 First Amended Complaint in 05-CV- 881)(Cameron, Bruce) (Entered: 06/08/2006)	PACER
61	June 9, 2006	ORDER granting 60 Intervenor's Motion to Amend the complaint in case no 2:05-cv-881. Signed by Judge Norah McCann King on 6/9/06. (er ) (Entered: 06/09/2006)	PACER
62	June 12, 2006	NOTICE by Intervenor Plaintiff Glen Greenwood re 61 Order on Motion to Amend/Correct Noting Filing Copy of Amended Intervenor's Complaint in 05-881 (Cameron, Bruce) (Entered: 06/12/2006)	PACER
63	June 21, 2006	ANSWER to Complaint (First Amended Complaint) by Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO.(Decker, Jack) (Entered: 06/21/2006)	Clearinghouse
64	June 21, 2006	Answer filed by Defendant Ohio State Employment Relations Board (Allen, Michael) (Entered: 06/21/2006)	PACER
65	June 29, 2006	NOTICE of Appearance by Katharine Adams Defendant Ohio State Employment Relations Board (Adams, Katharine) (Entered: 06/29/2006)	PACER
66	Sept. 1, 2006	Joint MOTION to Approve Consent Judgment filed on behalf of all parties by Plaintiff United States of America. (Attachments: # 1 Text of Proposed Order Consent Decree)(Tshibaka, Jean) (Entered: 09/01/2006)	PACER
67	Sept. 5, 2006	ORDER granting 66 Joint Motion to Approve Consent Judgment . Signed by Judge Gregory L Frost on 9/5/06. (sem1, ) (Entered: 09/05/2006)	PACER
68	Sept. 5, 2006	CONSENT DECREE signed by Judge Gregory L Frost on 9/5/06. (sem1, ) (Entered: 09/05/2006)	Clearinghouse
69	Sept. 5, 2006	NOTICE of Acceptance with Offer of Judgment by Intervenor Plaintiff Glen Greenwood (Attachments: # 1 OCSEA Rule 68 Offer of Judgment# 2 Certificate of Service)(Cameron, Bruce) (Entered: 09/05/2006)	PACER
70	Sept. 12, 2006	Joint MOTION for Extension of Time, new date requested 10/6/2006, filed To File Application for Attorney Fees by Unknown Equal Employment Opportunity Commission, Cross Claimants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board, State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Cross Defendants Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Intervenor Plaintiff Glen Greenwood, Plaintiff United States of America, Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Counter Claimants United States of America, State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Ohio State Employment Relations Board, Counter Defendant Glen Greenwood. (Decker, Jack) Modified on 9/13/2006 (sem1, ). (Entered: 09/12/2006)	PACER
71	Sept. 13, 2006	ORDER granting 70 Motion for Extension of Time, until 10/6/06, to file Application for Attorney Fees . Signed by Judge Gregory L Frost on 9/13/06. (sem1, ) (Entered: 09/13/2006)	PACER
72	Oct. 5, 2006	MOTION for Attorney Fees by Intervenor Plaintiff Glen Greenwood. (Attachments: # 1 Supporting Memorandum# 2 Affidavit Cameron affidavit# 3 Affidavit Brey Declaration# 4 Affidavit Todd Declaration# 5 Affidavit Dixon Affidavit)(Cameron, Bruce) (Entered: 10/05/2006)	PACER
73	Oct. 6, 2006	ORDER re 72 MOTION for Attorney Fees filed by Glen Greenwood; Memorandum in Opposition to said motion shal be filed by 10/30/06; Reply shall be filed by 11/13/06; In-Court Hearing on said motion set for 12/1/2006 01:00 PM in Courtroom 4 before Gregory L Frost. Signed by Judge Gregory L Frost on 10/6/06. (sem1, ) (Entered: 10/06/2006)	PACER
74	Oct. 11, 2006	Unopposed MOTION for Extension of Time to File Response, New date requested 11/3/2006, to Petition for Attorney Fees by Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Decker, Jack) (Entered: 10/11/2006)	PACER
75	Oct. 12, 2006	ORDER granting Motion for extension of time to respond to petition for attorney fees 74. Memorandum in opposition due 11/3/06; Reply due 11/17/06; Oral hearing remains scheduled for 12/1/06 AT 1:00 P.M.. Signed by Judge Gregory L Frost on 10/12/06. (ksh, ) (Entered: 10/12/2006)	PACER
76	Oct. 19, 2006	NOTICE by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO of Appearance of Co-Counsel Andy Douglas (Bell, Sandra) (Entered: 10/19/2006)	PACER
77	Oct. 30, 2006	RESPONSE in Opposition re 72 MOTION for Attorney Fees by Intervenor/Plaintiff Greenwood filed by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Bell, Sandra) (Entered: 10/30/2006)
78	Oct. 30, 2006	Memorandum in Support of their RESPONSE in Opposition re 72 MOTION for Attorney Fees filed by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Bell, Sandra) (Entered: 10/30/2006)
79	Nov. 3, 2006	RESPONSE in Opposition re 72 MOTION for Attorney Fees filed by Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio State Employment Relations Board, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Attachments: # 1 Exhibit Exhibit A)(Decker, Jack) (Entered: 11/03/2006)	PACER
80	Nov. 3, 2006	AFFIDAVIT of Counsel by Defendants Ohio Environmental Protection Agency, Ohio Department of Administrative Services, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 2A# 4 Exhibit 2B# 5 Exhibit 2C# 6 Exhibit 2D# 7 Exhibit 2E# 8 Exhibit 2F# 9 Exhibit 2G# 10 Exhibit 2H# 11 Exhibit 2I# 12 Exhibit 2J# 13 Exhibit 2K Part 1# 14 Exhibit 2K Part 2# 15 Exhibit 3# 16 Exhibit 4# 17 Exhibit 5# 18 Exhibit 6# 19 Exhibit 7# 20 Exhibit 8# 21 Exhibit 9# 22 Exhibit 10# 23 Exhibit 11# 24 Exhibit 12# 25 Exhibit 13# 26 Exhibit 14# 27 Exhibit 15# 28 Exhibit 16# 29 Exhibit 17# 30 Exhibit 18# 31 Exhibit 19# 32 Exhibit 20 Part 1# 33 Exhibit 20 Part 2# 34 Exhibit 21# 35 Exhibit 22# 36 Exhibit 23# 37 Exhibit 24)(Decker, Jack) (Entered: 11/03/2006)	PACER
81	Nov. 6, 2006	REPLY to Response to Motion re 72 MOTION for Attorney Fees (regarding Union opposition) filed by Intervenor Plaintiff Glen Greenwood. (Attachments: # 1 Affidavit of Bruce N. Cameron)(Cameron, Bruce) (Entered: 11/06/2006)	PACER
82	Nov. 17, 2006	REPLY to Response to Motion re 72 MOTION for Attorney Fees (Regarding State Opposition Brief) filed by Intervenor Plaintiff Glen Greenwood. (Attachments: # 1 Affidavit Cameron affidavit)(Cameron, Bruce) (Entered: 11/17/2006)	PACER
83	Dec. 1, 2006	Minute Entry for proceedings held before Judge Gregory L Frost : Motion Hearing held on 12/1/2006 re 72 MOTION for Attorney Fees filed by Glen Greenwood; Intervenor Plaintiff Counsel: B Cameron & D Brey; Defendants counsel: J Decker, S Bell & A Douglas; C/D: S Miller; The Court heard oral argument regarding the Motion for Attorney Fees and will issue a decision in due course. (Court Reporter Denise Errett.) (sem1, ) (Entered: 12/01/2006)	PACER
84	Dec. 1, 2006	JUDGMENT entered pursuant to the Consent Decree signed by Judge Gregory L Frost on 9/5/06. (sem1, ) (Entered: 12/01/2006)	PACER
85	Feb. 21, 2007	ORDER granting 72 Greenwood's Motion for Attorney Fees . Signed by Judge Gregory L Frost on 2/21/07. (sem1, )	RECAP
86	March 7, 2007	TRANSCRIPT of Proceedings (Attorney Fees Hearing) held on 12/1/06 before Judge Frost (transcript, in its entirety, located in the Clerk's Office). Court Reporter: Denise Errett. (sem1, ) (Entered: 03/08/2007)	PACER
87	March 21, 2007	NOTICE OF APPEAL by Defendants State Of Ohio, Ohio Environmental Protection Agency, Ohio Department of Administrative Services. Filing fee $ 455. (Decker, Jack) (Entered: 03/21/2007)	PACER
	March 21, 2007	USCA Appeal Fees received $ 455 receipt number 255545 re 87 Notice of Appeal. (sr1 ) (Entered: 03/21/2007)	PACER
88	March 28, 2007	NOTICE of Appearance by James Edward Melle for Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO (Melle, James) (Entered: 03/28/2007)	PACER
89	March 28, 2007	NOTICE OF APPEAL by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. Filing fee $ 455. (Melle, James) (Entered: 03/28/2007)	PACER
	March 29, 2007	USCA Case Number 07-3366 for 87 Notice of Appeal. (er ) (Entered: 03/29/2007)	PACER
	March 30, 2007	USCA Appeal Fees received $ 455 receipt number 200 255676 re 89 Notice of Appeal.(er ) (Entered: 03/30/2007)	PACER
90	April 23, 2007	ORDER of USCA that the appeals are dismissed as to # 89 Notice of Appeal filed by Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, and #87 Notice of Appeal filed by Ohio Department of Administrative Services, Ohio Environmental Protection Agency, State Of Ohio (rew ) (Entered: 04/24/2007)	PACER
		None

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Case Details

State / Territory:

Ohio

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 26, 2005

Closing Date: March 5, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States on behalf of an employee in the Ohio Environmental Protection Agency

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

State

Ohio

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Ohio 2:05-cv-00799

Southern District of Ohio 2:05-cv-00881

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 2009

Issues

Discrimination Area:

Accommodation / Leave

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

Disparate Treatment

Discrimination Basis:

Religion discrimination

Recommended Citation

Case Summary of United States of America v. State of Ohio Environmental Protection Agency, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10355/ (last updated 11/15/2007).