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

Clearinghouse coding complete

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…

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)

Frost, Gregory L. (Ohio)

King, Philip A. (Ohio)

Attorneys(s) 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)

Judge(s)

Frost, Gregory L. (Ohio)

King, Philip A. (Ohio)

Attorneys(s) 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)

Attorneys(s) 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 Attorney(s)

Brey, Donald Carl (Ohio)

Cameron, Bruce N (Virginia)

Lockhart, Gregory G. (Ohio)

Documents in the Clearinghouse

Document

Docket

April 23, 2007 Docket
1

Complaint

Aug. 26, 2005 Complaint
7

Plaintiff-Intervenor's Complaint

Sept. 21, 2005 Complaint
1

Complaint-Nature of Action

Sept. 23, 2005 Complaint
21

Defendent State Relations Board's Answer to Plaintiff-Intervenor's Complaint

Nov. 14, 2005 Pleading / Motion / Brief
23

Defendant State Employee Relations Board's Answer to Plaintiff Equal Employment Opportunity Commission's Complaint

Nov. 15, 2005 Pleading / Motion / Brief
50

Answer of Defendants State of Ohio, Ohio Environmental Protection Agency, and Ohio Department of Administrative Services, To Complaint of Intervenor

Feb. 3, 2006 Pleading / Motion / Brief
49

Plaintiff-Intervenor's First Amended Complaint

June 12, 2006 Complaint
63

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 Pleading / Motion / Brief
68

Consent Decree

Sept. 5, 2006 Settlement Agreement

Docket

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

Last updated May 20, 2022, 1:27 a.m.

ECF Number Description Date Link
59

ORDER denying 30 Plaintiff-Intervenor Greenwood's Motion for Sanctions . Signed by Judge Gregory L Frost on 3/28/06. (sem, )

March 28, 2006 RECAP
1

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)

Aug. 26, 2005
2

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)

Sept. 9, 2005
85

ORDER granting 72 Greenwood's Motion for Attorney Fees . Signed by Judge Gregory L Frost on 2/21/07. (sem1, )

Feb. 21, 2007 RECAP

Filing fee for phv for Bell: $ 50, receipt number 200248182. (er ) (Entered: 09/13/2005)

Sept. 9, 2005
3

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)

Sept. 14, 2005
4

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)

Sept. 19, 2005
5

MOTION to Intervene of Glen Greenwood . (Brey, Donald) (Entered: 09/21/2005)

Sept. 21, 2005
7

TENDERED INTERVENOR COMPLAINT against all defendants submitted by Intervenor Glen Greenwood (Brey, Donald) . (Entered: 09/21/2005)

Sept. 21, 2005
8

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)

Sept. 21, 2005
6

AFFIDAVIT in Support re 5 MOTION to Intervene of Glen Greenwood filed by Intervenor Plaintiff Glen Greenwood. (jdm, ) (Entered: 09/22/2005)

Sept. 21, 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)

Sept. 22, 2005

Filing fee for attorney Bruce Cameron $ 50.00, receipt number 248329 for phv motion. (rew ) (Entered: 09/22/2005)

Sept. 22, 2005
9

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)

Sept. 22, 2005
10

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)

Sept. 22, 2005
11

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)

Sept. 23, 2005
12

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)

Sept. 29, 2005
13

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)

Sept. 30, 2005
14

NOTICE of Appearance by Michael David Allen Defendant Ohio State Employment Relations Board (Allen, Michael) (Entered: 10/07/2005)

Oct. 7, 2005
15

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)

Oct. 11, 2005
16

CORRECTED NOTICE of Appearance by Michael David Allen Defendant Ohio State Employment Relations Board (Allen, Michael) (Entered: 10/12/2005)

Oct. 12, 2005
17

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)

Oct. 21, 2005
18

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)

Oct. 21, 2005
19

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)

Oct. 21, 2005
20

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)

Oct. 21, 2005
21

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)

Oct. 24, 2005
22

ANSWER to Complaint by Defendant Ohio State Employment Relations Board.(Allen, Michael) (Entered: 10/24/2005)

Oct. 24, 2005
23

ANSWER to Complaint by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO.(Bell, Sandra) (Entered: 10/25/2005)

Oct. 25, 2005
24

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)

Oct. 26, 2005
25

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)

Oct. 28, 2005
26

Consent to Joint Motion to Consolidate Case with C2-05-881 filed by Intervenor Plaintiff Glen Greenwood. (Cameron, Bruce) (Entered: 11/08/2005)

Nov. 8, 2005
28

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)

Nov. 15, 2005
29

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)

Nov. 22, 2005
30

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)

Dec. 2, 2005
31

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)

Dec. 5, 2005
32

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)

Dec. 5, 2005
33

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)

Dec. 6, 2005
34

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)

Dec. 6, 2005
35

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)

Dec. 7, 2005
36

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)

Dec. 7, 2005
37

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)

Dec. 8, 2005
38

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)

Dec. 8, 2005
39

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)

Dec. 9, 2005
40

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)

Dec. 14, 2005
41

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)

Dec. 14, 2005
42

NOTICE by Plaintiff United States of America of Substitution of William Fenton as counsel (Tshibaka, Jean) (Entered: 01/13/2006)

Jan. 13, 2006
43

ORDER granting # 5 Motion to Intervene. Signed by Judge Norah McCann King on 1/17/06. (rew) (Entered: 01/17/2006)

Jan. 17, 2006
44

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)

Jan. 17, 2006
45

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)

Jan. 18, 2006
47

Witness List by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. (Bell, Sandra) (Entered: 01/27/2006)

Jan. 27, 2006
48

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)

Feb. 2, 2006
49

NOTICE by Defendant Ohio State Employment Relations Board re 44 Intervenor Complaint, (Allen, Michael) (Entered: 02/03/2006)

Feb. 3, 2006
50

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)

Feb. 3, 2006
51

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)

Feb. 6, 2006
52

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)

Feb. 22, 2006
54

NOTICE of Final Pretrial and Trial (sem, ) (Entered: 03/02/2006)

March 2, 2006
55

NOTICE of Appearance by Jean Christian Tshibaka for Plaintiff United States of America (Tshibaka, Jean) (Entered: 03/02/2006)

March 2, 2006
56

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)

March 8, 2006
57

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)

March 8, 2006
58

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)

March 10, 2006
60

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)

June 8, 2006
61

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)

June 9, 2006
62

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)

June 12, 2006
63

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)

June 21, 2006
64

Answer filed by Defendant Ohio State Employment Relations Board (Allen, Michael) (Entered: 06/21/2006)

June 21, 2006
65

NOTICE of Appearance by Katharine Adams Defendant Ohio State Employment Relations Board (Adams, Katharine) (Entered: 06/29/2006)

June 29, 2006
66

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)

Sept. 1, 2006
67

ORDER granting 66 Joint Motion to Approve Consent Judgment . Signed by Judge Gregory L Frost on 9/5/06. (sem1, ) (Entered: 09/05/2006)

Sept. 5, 2006
68

CONSENT DECREE signed by Judge Gregory L Frost on 9/5/06. (sem1, ) (Entered: 09/05/2006)

Sept. 5, 2006
69

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)

Sept. 5, 2006
70

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)

Sept. 12, 2006
71

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)

Sept. 13, 2006
72

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)

Oct. 5, 2006
73

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)

Oct. 6, 2006
74

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)

Oct. 11, 2006
75

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)

Oct. 12, 2006
76

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)

Oct. 19, 2006
77

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)

Oct. 30, 2006
79

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)

Nov. 3, 2006
80

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)

Nov. 3, 2006
81

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)

Nov. 6, 2006
82

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)

Nov. 17, 2006
83

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)

Dec. 1, 2006
84

JUDGMENT entered pursuant to the Consent Decree signed by Judge Gregory L Frost on 9/5/06. (sem1, ) (Entered: 12/01/2006)

Dec. 1, 2006
86

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)

March 7, 2007
87

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)

March 21, 2007

USCA Appeal Fees received $ 455 receipt number 255545 re 87 Notice of Appeal. (sr1 ) (Entered: 03/21/2007)

March 21, 2007
88

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)

March 28, 2007
89

NOTICE OF APPEAL by Defendant Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO. Filing fee $ 455. (Melle, James) (Entered: 03/28/2007)

March 28, 2007

USCA Case Number 07-3366 for 87 Notice of Appeal. (er ) (Entered: 03/29/2007)

March 29, 2007

USCA Appeal Fees received $ 455 receipt number 200 255676 re 89 Notice of Appeal.(er ) (Entered: 03/30/2007)

March 30, 2007
90

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)

April 23, 2007

State / Territory: Ohio

Case Type(s):

Equal Employment

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

Ohio, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 2009

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

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

Discrimination-basis:

Religion discrimination