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 attrorneys, 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

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

Resources

Docket

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

Last updated Aug. 2, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
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

Aug. 26, 2005

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

March 28, 2006

RECAP
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

Sept. 9, 2005

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

Sept. 9, 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

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

Sept. 19, 2005

5

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

Sept. 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Oct. 24, 2005

22

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

Oct. 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Feb. 22, 2006

54

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

March 2, 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

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

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

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

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

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

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

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

June 21, 2006

64

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

June 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

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

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

Sept. 5, 2006

68

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

Sept. 5, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

March 21, 2007

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

March 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

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

March 28, 2007

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

March 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

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

April 23, 2007

85

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

Feb. 21, 2007

Feb. 21, 2007

RECAP

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

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