Case: United States of America v. New York City Board of Education

1:96-cv-00374 | U.S. District Court for the Eastern District of New York

Filed Date: Jan. 30, 1996

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On January 30, 1996, the United States Department of Justice (D.O.J.) filed a complaint under Title VII, 42 U.S.C. § 2000e. et seq. (Title VII) against the City of New York, Board of Education and the New York City Department of Personnel in the U.S. District Court of Eastern New York. The D.O.J. sought a preliminary injunction, alleging that the defendant had violated Title VII by discriminating against minorities in custodial hiring.Specifically, the complaint alleges that the New York City…

On January 30, 1996, the United States Department of Justice (D.O.J.) filed a complaint under Title VII, 42 U.S.C. § 2000e. et seq. (Title VII) against the City of New York, Board of Education and the New York City Department of Personnel in the U.S. District Court of Eastern New York. The D.O.J. sought a preliminary injunction, alleging that the defendant had violated Title VII by discriminating against minorities in custodial hiring.

Specifically, the complaint alleges that the New York City Board of Education discriminated on the basis of race in custodial hiring practices by: (1) administering written entry-level exams a as prerequisite for obtaining a custodial position that had disparate impact on blacks and Hispanics; and (2) that recruiting practices for those tests had disparate impact on blacks, Hispanics, Asians, and females.

In February 1999, the lawsuit resulted in a settlement agreement that awarded employment benefits to a group of 59 individuals composed of black, Hispanic and Asian men and women, and non-minority females.

This spawned interventions in that action by two groups supportive of the settlement, and one group opposed. Those supportive were 31 of the 59 beneficiaries (the "Caldero" and "Arroyo" intervenors). Those opposed were four white male custodial employees (the "Brennan" intervenors), who railed against the adverse effect the agreement had on their seniority rights in regard to (1) school building transfers, (2) temporary care assignments, and (3) layoffs. Rather than rely on their intervention rights, they also, together with two other white male custodial employees, brought a separate action (but by order dated November 24, 2004, the court consolidated both actions). They asserted that their seniority rights were violated in those three aspects under both Title VII and the 14th Amendment, and sought injunctive relief.

On September 11, 2006, the court (Judge Frederic Block) declined to enter the Agreement as a consent judgment. The court declared, however, that the Agreement is valid under Title VII, except to the extent that it grants preferential seniority as to layoffs to non-victims of race, national origin and gender discrimination. The court further declared that the Agreement is valid under the 14tha Amendment, except to the extent that it (1) grants preferential seniority as to layoffs to non-victims of discrimination, and (2) grants relief to racial or ethnic minorities based on the recruiting claim. The court also declared that one of the 59 beneficiaries is not a member of protected class. Finally, the court grants class-action status to those whose layoff-protection rights were displaced by non-victims of discrimination.

On August 22, 2008, the clerk of the court entered the judgment and the case was closed.

Summary Authors

Kunyi Zhang (9/17/2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5394489/parties/united-states-v-nyc-board-of-educati/


Judge(s)

Block, Frederic (New York)

Cardamone, Richard J. (New York)

Levy, Robert M. (New York)

Pooler, Rosemary S. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Alexis, Michael J. (District of Columbia)

Annexstein, Leslie T. (New York)

Ashcroft, John (District of Columbia)

Berlin, Brenda (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Judge(s)

Block, Frederic (New York)

Cardamone, Richard J. (New York)

Levy, Robert M. (New York)

Pooler, Rosemary S. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Alexis, Michael J. (District of Columbia)

Annexstein, Leslie T. (New York)

Ashcroft, John (District of Columbia)

Berlin, Brenda (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Burrell, Meredith (District of Columbia)

Cohen, Sanford M. (New York)

Danis, Jodi B (District of Columbia)

Dimsey, Dennis J. (District of Columbia)

Edwards, Lisa Wilson (District of Columbia)

Embrey, Diana L. (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Lavin, Luis A (District of Columbia)

Lee, Dill (District of Columbia)

Leggott, Charles E. (District of Columbia)

Lin, Tana (District of Columbia)

Martin, Marybeth (District of Columbia)

Patrick, Deval L. (District of Columbia)

Roth, Christine M. (District of Columbia)

Schuham, Aaron D. (District of Columbia)

Tamburo, Esther Gwen (District of Columbia)

Attorneys(s) for Defendant

Allbray, Igou M. (New York)

Beckoff, Alan (New York)

Bell, Keisha Dawn (District of Columbia)

Colley, Drake A. (New York)

Cote, Norma Ann (New York)

Hess, Michael D. (New York)

McGrath, Stephen J. (New York)

Profeta, Lawrence J. (New York)

Other Attorney(s)

Adler, Derek J.T. (New York)

Chernofsky, Melissa R. (New York)

Colangelo, Matthew B. (District of Columbia)

Hajec, Christopher J. (District of Columbia)

Lapidus, Lenora M. (New Jersey)

Martinez-Olguin, Araceli (New York)

McCarter, George W.C. (New Jersey)

Rosman, Michael E. (District of Columbia)

Shumsky, Michael (District of Columbia)

Suhl, Natalie C. (New York)

Expert/Monitor/Master

Shelanski, Vivien B. (New York)

Documents in the Clearinghouse

Document

1:96-cv-00374

Docket

United States v. New York City Board of Education

June 8, 2009

June 8, 2009

Docket
67

1:96-cv-00374

Settlement Agreement

Feb. 11, 1999

Feb. 11, 1999

Settlement Agreement

1:96-cv-00374

Complaint in Intervention

United States v. New York City Board of Education

Jan. 1, 2000

Jan. 1, 2000

Complaint

00-06077

Court of Appeals Opinion

Brennan v. New York City Board of Education

U. S. Court of Appeals for the Second Circuit

Aug. 3, 2001

Aug. 3, 2001

Order/Opinion
215

1:96-cv-00374

Second Amended Complaint in Intervention

Nov. 9, 2001

Nov. 9, 2001

Complaint

1:96-cv-00374

1:02-cv-00256

Memorandum and Opinion

United States v. New York City Board of Education

Nov. 26, 2002

Nov. 26, 2002

Order/Opinion
338

1:96-cv-00374

Memorandum and Order

United States of America v. New York Boad of Education

July 25, 2003

July 25, 2003

Order/Opinion
566

1:96-cv-00374

Memorandum & Order

United States v. New York City Board of Education

Aug. 15, 2005

Aug. 15, 2005

Order/Opinion
566

1:96-cv-00374

Memorandum and Order (motion for protective order or injunctive relief denied)

Aug. 16, 2005

Aug. 16, 2005

Order/Opinion
584

1:96-cv-00374

Brennan Intervenors' Third Amended Complaint in Intervention

Feb. 22, 2006

Feb. 22, 2006

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5394489/united-states-v-nyc-board-of-educati/

Last updated Aug. 25, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
566

MEMORANDUM AND ORDER: New York City Board of Education's motion for a protective order or injunctive relief is denied, see order. Ordered by Judge Frederic Block on August 15, 2005. c/m-chambers(Lee, Tiffeny)

Aug. 16, 2005

Aug. 16, 2005

RECAP
1

COMPLAINT filed and summons(es) issued for NYC Board of Education, City of New York, Lilliam Barriospaoli, NYC Dept. Personnel (Han, Jason) (Entered: 01/30/1996)

Jan. 30, 1996

Jan. 30, 1996

2

ORDER,dated 2/14/96 set status conference for 3:15 6/11/96 before Magistrate Robert M. Levy ( signed by Magistrate Robert M. Levy ) (Dobkin, David) (Entered: 02/21/1996)

Feb. 21, 1996

Feb. 21, 1996

622

MEMORANDUM & ORDER: The Court finds that the United States established a strong basis in evidence that the 8206 Exam had a disparate impact on Hispanics; therefore, to the extent the Agreement made awards based on the exam, except for purposes of lay offs, it comports with the Fourteenth Amendment and, a fortiori, Title VII. The Court clarifies that the holdings of the September 11th M&O apply to both retroactive seniority and seniority based on permanent appointment. For purposes of injunctive and declaratory relief, the Court certifies a class comprising all custodial employees whose seniority for purposes of transfers, TCAs and layoff protection has been adversely affected by the grant seniority benefits to the Offerees. An evidentiary hearing is required to determine (a) whether the Board and the United States intended to categorize Offerees as testing-claim and recruiting-claim beneficiaries and, if so, (b) which Offerees fall into each category. Ordered by JudgeFrederic Block on 4/20/2007. (c/m-chambers) (Lee, Tiffeny)

April 25, 2007

April 25, 2007

RECAP
3

WAIVER OF SERVICE Returned Executed as to NYC Board of Educati, City of New York, Lilliam Barriospaoli, NYC Dept. Personnel 2/2/96 Answer due on 4/2/96 for NYC Dept. Personnel, for Lilliam Barriospaoli, for City of New York, for NYC Board of Educati (Dobkin, David) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

641

MEMORANDUM & ORDER: Plaintiff's 618 Motion to Consolidate Cases is granted. Ordered by Judge Frederic Block on 8/24/2007. (c/m-chambers) (Lee, Tiffeny)

Aug. 30, 2007

Aug. 30, 2007

RECAP
642

CONSOLIDATION ORDER: It is ordered that case number CV-06-2921 be consolidated into lead case number CV-96-374 as related actions. It is ordered that case number CV-2921 be administratively closed and all further entries be made on the lead case, docket number CV-96-374. Ordered by Judge Frederic Block on August 29, 2007. (c/m-chambers) Associated Cases: 1:96-cv-00374-FB, 1:06-cv-02921-FB-RML (Lee, Tiffeny)

Aug. 30, 2007

Aug. 30, 2007

RECAP
4

WAIVER OF SERVICE Returned Executed as to NYC Board of Education. Answer due on 5/21/96 for NYC Dept. Personnel. (DiTomasso, Mike) (Entered: 03/22/1996)

March 22, 1996

March 22, 1996

655

MEMORANDUM AND ORDER: The Court approves the proposed notice and sets 5/23/2008 as the date by which objections must be postmarked. On or before 5/16/2008, the Board shall service the notice on class members by e-mail, and shall immediately thereaft er file a certificate attesting that such service has been completed. In addition, the Court will post the notice and the proposed order on its website. After the deadline for objections passes, the Court will review any objections received and determine whether to hold a hearing. Ordered by Senior Judge Frederic Block on May 12, 2008. (c/m) Associated Cases: 1:96-cv-00374-FB, 1:02-cv-00256-FB-RML (Lee, Tiffeny)

May 13, 2008

May 13, 2008

RECAP
6

ORDER dated March 30, 1996, endorsed on the letter dated 3/26/96 from Brenda Berlin, Atty., Employment Litigation Sect. with the U.S. Dept. of Justice, granting her application and resetting the initial status conference for 2:15 7/10/96 before Magistrate Robert M. Levy . ( signed by Magistrate Robert M. Levy ) (Vaughn, Terry) (Entered: 04/05/1996)

April 5, 1996

April 5, 1996

7

Calendar entry:, Before Magistrate Levy on 7/10/96 for an Initial Conference. Discovery to be completed by Liablity, 1/17/97; Fact 5/30/97; Expert. set status conference for 10:00 12/12/96 before Magistrate Robert M. Levy (Parties may appear by telephone if they wish) (1) Discovery, Re: Recruitment will be deferred until after determination of liability, re: examinations. (2) Pltff may take more than 10 depositions, upon a showing that there is a need for the depositions requested. The parties shall engage informal discovery to ascertain which deposition are necessary. If the parties reach agreement they should forward a letter to chambers to that effect. If there is a disagreement, they should forward a letter to chambers to that effect. If there is a disagreement, the parties shall call chambers and schedule a telephone conference. In preparation for the confernce, the parties may submit letters of up to 3 pages describing their respective positions. On or before 7/19/96, dfts shall provide "adverse impact. statistics. The parties shall attempt to reach a stipulation on these numbers on or before 8/8/96. Discovery of liability and damages shall be bifurcated. (Piper, Francine) (Entered: 07/16/1996)

July 10, 1996

July 10, 1996

659

MEMORANDUM AND ORDER. Ordered by Senior Judge Frederic Block on 5/28/2008. Associated Cases: 1:96-cv-00374-FB, 1:02-cv-00256-FB-RML (Lagana, Michael)

May 30, 2008

May 30, 2008

RECAP
8

Calendar entry: Before Ma Judge Levy on 10/30/96 case called; counsel for all sides present. Discovery due 2/21/97 . Next status conference set for 10:00 12/12/96 before Judge Frederic Block . Parties have agreed that there was no adverse impact re: the Parctical Test, but are still negotiating re: two remaining test. As to the 2 remaining tests, the parties have agreed to the raw number re: qualified test-takers, passers and persons determined to be non-qualified. Ms. Cote will review Government's analysis of the stitistics and advise Ms. Berlin by 11/29/96 whether deft will stipulate as to the tow remaining test. Accordingly, the discovery deadlines is extended four weeks to avoid possibly needless discovery re: adverse impact. Parties will advise at next conference whether they will stipulatere: adverse impact. (Romano, Dan) (Entered: 11/06/1996)

Oct. 30, 1996

Oct. 30, 1996

208

LETTER dated 12/19/96 from Norma A. Cote to Judge Levy enclosing a copty of an order in Guinaryd v. the City of NY 89- Cv-1434 (EHN) where defts did not have to produce an expert report unitl after plaintiffs had produced theirs. (Ellern, Lisa) (Entered: 10/11/2000)

Dec. 19, 1996

Dec. 19, 1996

10

LETTER dated 2/21/97 from Asst. Corp. Counsel, Norma Cote, to Magistrate Levy, requesting a protective order against portions of plaintiff's Notice of Deposition of NYC Dept. of Personnel and against an item in the request for production of documents. (Asreen, Wendy) (Entered: 03/11/1997)

March 11, 1997

March 11, 1997

11

Calendar entry: before Mag Judge Levy on 3/12/97. Discovery is to be completed by 11/30/97 . Status conference set for 10:30 12/16/97 before Magistrate Robert M. Levy by telephone . Deft's motion for a protective order, dated 2/21/97, is resolved as follows: 1) Pltff states, inter alia, that relatively recent information concerning the use of provisional hiring requires discovery concerning possible discrimination in provisional hiring. Accordingly, the motion for a protective order relating to Topics 13,18, and 20 of the Department of Personnel Notice of Depostion ("DOP Notice") and Topics 4,8,12,13, and 14 of the Board of Education Notice of Depostion ("BD. of Ed. Notice") is DENIED. 2) Topic 1 of the DOP Notice is narrowed as follows: Pltff may inquire regarding a) policies, practices and procedures relating to the development of civil service exams in general; and b) the development of specific school custodian examinations at issue in this litigation. 3)Deft and pltff will resolve the 2 remaining issues re: Bd. of Ed. Notice as follows: a) the parties will submit a stipulation memorializing the agreement reached today concering Topics 12, and b) deft will attempt to generate a computer print-out providing the information sought under Topics 3, and 4 (dates of hire etc.). 4) Dept. of Personnel Document Request 1: under the supervision of Bd. of Ed. employees, the US will send paralegals and attorneys to pull ( if requested by Bd. of Ed.) up to 450 files, review and copy performance ratings, and provide a copy of defts' counsel. Pltff will provide a copier, if necessary. At this time the order is limited to files contained in the plant manager's office. The parties stipulate that archived files of inactive or retired custodians are exempt form this review. This ruling assumes that defts can produce a list of hire dates of relevant custodians. The discovery schedule is ajusted. Parties to sbumit proposed revised schedule to chambers. (Romano, Dan) (Entered: 03/17/1997)

March 12, 1997

March 12, 1997

12

LETTER dated 2/20/97 from Brenda Berlin to Judge Levy requesting a phone conference to address two discovery disputes & to discuss the fact discovery schedule. Filed with attachments. (Greves, Liz) (Entered: 03/18/1997)

March 18, 1997

March 18, 1997

13

LETTER dated 3/11/97 from Norma A. Cote to Judge Levy requesting a protective order against portions of ptlff's 3/3/97 Amended Notice of Rule 30(b)(6) Deposition of deft NYC Board of Ed. (Greves, Liz) (Entered: 03/18/1997)

March 18, 1997

March 18, 1997

14

LETTER dated 3/10/97 from Luis A. Lavin to Judge Levy requesting that the defts' objections to the Notice of Deposition to the Board also be heard & resolved during the 3/12/97 discovery conference. Filed with attachments. (Greves, Liz) Modified on 03/18/1997 (Entered: 03/18/1997)

March 18, 1997

March 18, 1997

15

NOTICE of attorney appearance for United States by Luis A. Lavin. (Romano, Dan) (Entered: 03/26/1997)

March 26, 1997

March 26, 1997

16

Calendar entry: Before Mag Judge Levy on 4/9/97. Discovery conference held. Deft objects to request to produce list of all provisional hires for the postion of custodian and custodian engineer, as burdensome and of minimal benefit. Provisional custodians and engineers were hired after the expiration of list 5040 (in effect 1987-1990) and the custodian engineer list (1990-1994). Following a conference, parties agree to stipulate that provisionals listed on 1993 and 1996 ethnic surveys and 1997 payroll printout are a statistically valid sample or pool for purposes of this litigation. Parties to submit a proposed scheduling order and stipulation. (Romano, Dan) (Entered: 04/15/1997)

April 9, 1997

April 9, 1997

17

ORDER dated 4/14/97 amending discovery schedule ( signed by Magistrate Robert M. Levy ) (Dobkin, David) (Entered: 04/28/1997)

April 28, 1997

April 28, 1997

18

SCHEDULING ORDER, dated 4/29/97 that the deft shall provide certain documentation by 4/18/97. Expert Discovery cutoff 2/20/98 ; ( signed by Magistrate Robert M. Levy ). See document #18 for further amendments. (Romano, Dan) (Entered: 05/12/1997)

May 12, 1997

May 12, 1997

19

Stipulation regarding Provisional Hires. w/attachments. (Dobkin, David) (Entered: 08/25/1997)

Aug. 25, 1997

Aug. 25, 1997

21

Calendar entry:, before Mag Judge Levy on 9/15/97. Case called; status conference held. Next status conference set for 10:30 12/16/97 before Magistrate Robert M. Levy . Upon consent, parties request for brief extension of fact discovery is granted. Paries to submit confirming letter. (Romano, Dan) (Entered: 09/30/1997)

Sept. 15, 1997

Sept. 15, 1997

22

LETTER dated 9/12/97 from Luis Lavin to Clerk of Court, enclsoing an orignal and a copy of pltff's notice of appearance and substitution of counsel. (Romano, Dan) (Entered: 10/02/1997)

Sept. 15, 1997

Sept. 15, 1997

23

NOTICE of attorney appearance for United States by Aaron D. Schuham as an additional attorney for the plaintiff. (DiTomasso, Mike) (Entered: 10/06/1997)

Sept. 15, 1997

Sept. 15, 1997

20

ORDER, dated 9/17/97 that the time for edeft to respond to pltff's forth request for prodcution of documents and first request for admissions is extended to 9/19/97; also that the discovery schedule in this case should be amended as follows, Fact Discovery shall be extended to 10/3/97; Expert reports shall be exchanged on 11/8/97; Expert reports shall be exchanged on 11/18/97; Supplemental expert reprots shall be filed by 1/27/98. ( signed by Magistrate Robert M. Levy ). (Romano, Dan) (Entered: 09/24/1997)

Sept. 24, 1997

Sept. 24, 1997

174

LETTER by USA requesting that expert reports prepared by Bobko and Assessment Alternatives, Inc. be struck and that Philip Bobko be precluded from testifying at tial dated 12/2/97 from AAG Luis A. Lavin to Judge Levy. (Ludwig, Michael) (Entered: 05/15/2000)

Dec. 2, 1997

Dec. 2, 1997

175

LETTER reqesting telphone hearing to address the litigation of the liability portion of the US's adverse impact and recruitment claims in 2 separate phases dated 12/2/97 from AAG Aaron Schumann to Judge Levy, including attachment A 7/10/96 calendar and Attachment B - Order Amending Discovery Schedule- (resumbitted by fax to court for docketing, 5/15/00). (Ludwig, Michael) Modified on 05/15/2000 (Entered: 05/15/2000)

Dec. 2, 1997

Dec. 2, 1997

204

LETTER dated 12/5/97 from Aaron D. Schuham to Judge Levy responding to dfts' Dec. 5, 1997 application to seek additional time to respond to the United State's 2 letter applications submitted to the court on Dec. 2, 1997. (Ellern, Lisa) (Entered: 10/11/2000)

Dec. 5, 1997

Dec. 5, 1997

203

LETTER dated 12/8/97 from Norma A. Cote to Judge Levy responding to the Dec. 5, 1997 letter from Aaron Schumham. (Ellern, Lisa) (Entered: 10/11/2000)

Dec. 8, 1997

Dec. 8, 1997

24

ORDER, endorsed on letter dated 12/5/97 from Norma Cote to the Magistrate Levy requesting additional time to put in a written response to the letter applications of the pltff. The application is granted. The Court will set the schedule regarding pltff's application to try the recruitment and adverse impact claims together when it meets with the parties at the 12/16/97 conf. ( signed by Magistrate Robert M. Levy ) (Jean (Entered: 12/15/1997)

Dec. 15, 1997

Dec. 15, 1997

25

Calendar entry: before Magistrate Levy a discovery conference was held with all parties present. Oral argument on the motion is scheduled for 3/13/98 @ 3:00pm. (Jean (Entered: 12/18/1997)

Dec. 16, 1997

Dec. 16, 1997

26

TRANSCRIPT of Civil Cause for Discovery Conference before Magistrate Levy filed for for dates of 12/16/97 (Jean (Entered: 12/23/1997)

Dec. 23, 1997

Dec. 23, 1997

27

LETTER dated 12/31/97 from Norma A. Cote to Mag. Levy, Recapitulating the rulings made at the judicial conference on 12/16/97. (Piper, Francine) (Entered: 01/08/1998)

Jan. 8, 1998

Jan. 8, 1998

28

NOTICE of attorney appearance for NYC Board of Educati, City of New York, Lilliam Barriospaoli, NYC Dept. Personnel by Drake Anthony Colley (Jean (Entered: 01/12/1998)

Jan. 12, 1998

Jan. 12, 1998

29

LETTER dated 1/16/98 from Drake Colley to Magistrate Levy responding and opposing to pltff's motion to litigate its recruitment claim (Jean (Entered: 01/20/1998)

Jan. 20, 1998

Jan. 20, 1998

30

LETTER dated 1/26/98 from Luis Laven to Magistrate Levy requesting that the Govt's motions to compel and for sanctions be granted. (Jean (Entered: 01/27/1998)

Jan. 27, 1998

Jan. 27, 1998

31

LETTER dated 1/29/98 from Aaron Schulman to Magistrate Levy regarding pltff's reply memorandum in support of its application to adverse and impact recruitment claims. (Jean (Entered: 02/02/1998)

Feb. 2, 1998

Feb. 2, 1998

32

Calendar entry: Before Magistrate Levy-Discovery Conference by telephone held. Defendant shall not direct expert witness Dr. Reily not to answer questions on grounds of relevance, as defendant has not shown prejudice or harassment. Galeano, Sonia (Entered: 02/09/1998)

Feb. 2, 1998

Feb. 2, 1998

33

LETTER dated 2/27/98 from Drake Colley to Magistrate Levy requesting a modification of the present expert discovery order. (Jean (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

34

LETTER dated 3/3/98 from Drake Colley to Magistrate Levy, requesting the modification of the expert discovery schedule. (Jean (Entered: 03/04/1998)

March 4, 1998

March 4, 1998

35

ORDER, endorsed on letter dated 2/27/98 from D. Colley to Magistrate Levy, requesting a modification of the discovery order. Exchange of expert report is stayed pending a final determination at the 3/13/98 conference. ( signed by Magistrate Robert M. Levy, dated 3/4/98 ) (Jean (Entered: 03/06/1998)

March 6, 1998

March 6, 1998

36

LETTER dated 3/9/98 from Luis Lavin to Magistrate Levy, addressing factual and misrepresentations in the deft's 3/3/98 "reply" letter. (Jean (Entered: 03/12/1998)

March 12, 1998

March 12, 1998

40

Calendar entry: Before Magistrate Judge Levy-motions argued orally. Decision reserved on application to consolidate discovery and trial of liability issues relating to adverse impact and recruitment claims, to enable Mr. Colley to respond in writing, by 3/27/98, to plaintiff's reply letter. Plaintiff's motion to compel is granted as set forth on the record. Reply expert affidavits re: adverse impact shall be exchanged simultaneously by 4/17/98; close of expert depositions re: adverse impact 6/19/98. If recruitment claim tried with adverse impact, discovery shall begin 6/22/98 and end 10/30/98. Next conference set for 10:00 on 11/13/98 . (Reddy, Lisa) (Entered: 03/17/1998)

March 13, 1998

March 13, 1998

170

Calendar entry: Case called before Magistrate Levy for an Oral Argument (Jean (Entered: 04/25/2000)

March 13, 1998

March 13, 1998

37

LETTER dated 2/25/98 from Luis A. Lavin to Magistrate Judge Levy, requesting that the pending motion to compel be heard and resolved immediately after the 3/13/98 oral argument on the recruiting motion. (Reddy, Lisa) (Entered: 03/17/1998)

March 17, 1998

March 17, 1998

39

LETTER dated 3/9/98 from Luis A. Lavin to Magistrate Judge Levy, in response to defendants' 3/3/98 reply letter. (Reddy, Lisa) (Entered: 03/17/1998)

March 17, 1998

March 17, 1998

41

TRANSCRIPT of Motion before Magistrate Levy filed for dates of 3/13/98. Court Reporter: M. Picozzi. (Jean (Entered: 03/17/1998)

March 17, 1998

March 17, 1998

42

LETTER dated 3/17/98 from Aaron Schuham to Magistrate Levy, providing additional legal authority supporting the position of the Court to try the recruitment and adverse impact claims. (Jean (Entered: 03/19/1998)

March 19, 1998

March 19, 1998

43

LETTER dated 3/27/98 from Drake Colley to Magistrate Levy, requesting that the Court deny pltff's motion that the adverse impact and recruitment claims be tried simultaneously. (Jean (Entered: 03/27/1998)

March 27, 1998

March 27, 1998

44

LETTER dated 3/27/98 from Drake Colley to Magistrate Levy, regarding a enclosed copy of the defts' supplemental experts. (Jean (Entered: 04/20/1998)

April 20, 1998

April 20, 1998

45

LETTER dated 4/23/98 from Luis Lavin to Magistrate Levy, confirming that the U.S. supplemental expert report were timely served on defts' counsel. (Jean (Entered: 04/29/1998)

April 29, 1998

April 29, 1998

46

ORDER, endorsed on letter dated 5/13/98 from Aaron Schuham to Magistrate Levy, regarding the ptlff's pending motion to try the adverse impact and recruitment claims. set status conference for 2:15 5/21/98 before Magistrate Robert M. Levy ( signed by Magistrate Robert M. Levy ) (Jean (Entered: 05/19/1998)

May 19, 1998

May 19, 1998

47

Calendar entry: Before Magistrate Levy on 5/21/98 for a telephone conference. Plaintiff's motion to try the adverse impact and recruitment claims together in this case is granted, for the reasons set forth by the United States at oral argument on 3/13/98 and in its supporting papers. The Court will re- evaluate the continuing appropriateness of this decision during the course of the trial. (Gonzalez, Mary) (Entered: 05/26/1998)

May 26, 1998

May 26, 1998

48

LETTER dated 2/27/98 from Norma Cote to Magistrate Levy, opposing deft's motion to modify or extend in any manner the current expert discovery schedule. (Jean (Entered: 05/26/1998)

May 26, 1998

May 26, 1998

52

NOTICE of attorney appearance for United States by Tana Lin, U.S. Dept. Of Justice. (Glenn, Marilyn) (Entered: 06/16/1998)

June 6, 1998

June 6, 1998

54

Calendar entry: before Magistrate Judge Levy- Discovery/Telephone Conference held. Defendants' motion for 3 weeks extension of expert discovery on testing claim is granted, with the understanding that discovery on the recruitment claim will not be delayed. Defendants' Rule 26 (A)(1) disclosure on the recruitment claim shall be served no later than 07.03.98. Defendants' motion for reconsideration of this Court's 03.13.98 ruling requiring defendants to produce documents responsive to Paragraph 3 of Plaintiff's First Expert Request for Production of Documents, served 11.26.97, is denied both as untimely and on the merits. Plaintiff's motion for sanctions is denied. Responsive documents shall be produced no later than 06.17.98. Galeano, Sonia (Entered: 07/15/1998)

June 10, 1998

June 10, 1998

50

ORDER, endorsed on letter dated 5/27/98 from Drake Colley to Magistrate Levy, requesting the Court to reconsider its ruling as to the production of documents. Matters resolved as set forth during 6/10/98 conference. ( signed by Magistrate Robert M. Levy, dated 6/10/98 ) (Jean (Entered: 06/11/1998)

June 11, 1998

June 11, 1998

51

LETTER dated 6/2/98 from Drake Colley, Asst. Corp. Counsel, to Magistrate Levy in opposition to plaintiff's motion for sanctions. (Johnson, Tanya) (Entered: 06/15/1998)

June 15, 1998

June 15, 1998

53

Disclosure of interested parties by United States (Jean (Entered: 07/07/1998)

July 7, 1998

July 7, 1998

55

LETTER dated 7/29/98 from Aaron Schuham to Magistrate Levy, concerning deft's expert witness Dr. Reilly's time to submit his report. (Jean (Entered: 08/03/1998)

Aug. 3, 1998

Aug. 3, 1998

56

ORDER, endorsed on letter dated 7/28/98 from Drake Colley to Magistrate Levy, requesting that the Court allow defts to submit a report responding to pltff's second expert reports. The application is granted. Deft shall file Dr. Reilly's rebuttal expert report by 8/14/98. ( signed by Magistrate Robert M. Levy, dated 7/30/98 ) (Jean (Entered: 08/04/1998)

Aug. 4, 1998

Aug. 4, 1998

57

LETTER dated 8/11/98 from Tana Lin to Magistrate Levy, requesting a hearing on the two motions filed. (Jean (Entered: 08/13/1998)

Aug. 13, 1998

Aug. 13, 1998

58

Calendar entry: Case called before Magistrate Levy for discovery conference. Counsel for all sides present. set status conference for 10:30 8/20/98 before Magistrate Robert M. Levy . (Jean (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

206

LETTER dated 8/17/98 from Tana Lin, Attorney from the Employment Litigation Section of the U.S. Dept. of Justice, Civil Rights Division to Judge Levy reviewing the court's order regarding required disclosures, to confirm a scheduled teleconference call for Aug. 19, 1998 and to enclose review copies of the following documents (1) the dfts' response to the USs' first request for production of documents (2) the USs' Second request for production of documents. (Ellern, Lisa) (Entered: 10/11/2000)

Aug. 17, 1998

Aug. 17, 1998

210

LETTER dated 8/18/98 from Tana Lin to Judge Levy enclosing a copy of the Dft's response to the United States' Second REquest for Production of Documents for the hearing on objections which will be held on Aug. 19, 1998 at 12:00 PM. Letter includes attachments A-D. (Ellern, Lisa) (Entered: 10/11/2000)

Aug. 18, 1998

Aug. 18, 1998

59

Calendar entry: Before Magistrate Judge Levy- conference held. Rulings made re: document requests. Plaintiff's counsel will memorialize. (Reddy, Lisa) (Entered: 08/28/1998)

Aug. 19, 1998

Aug. 19, 1998

60

LETTER dated 8/25/98 from Aaron Schuham to Magistrate Levy, objecting to deft's application to file an additional expert report. (Jean (Entered: 09/21/1998)

Sept. 21, 1998

Sept. 21, 1998

207

LETTER dated 9/21/98 from Tana Lin to Judge Levyto memorializethe following concerning the United States' First and SEcond Requests for Production of Documents: (1) the requests withdrawn by the US (2) the agreements reached by the parties during their meet and confer sessions on Aug. 19, 1998 (3) the rulings of the court made at the telephonic hearing heald on Aug. 20, 1998 as to the remaining requests. Parties also request the court to resolve conflicting recollections on 2 issues. (Ellern, Lisa) (Entered: 10/11/2000)

Sept. 21, 1998

Sept. 21, 1998

61

STIPULATION and ORDER Pltff withdraws with prejudice its Document Request numbers 24 and 45 in Pltff United States' First request for the production of documents signed by Magistrate Robert M. Levy, dated 10/1/98 (Jean (Entered: 10/07/1998)

Oct. 7, 1998

Oct. 7, 1998

62

ORDER, endorsed on letter dated 10/13/98 from Luis Lavin to Magistrate Levy, requesting the Court to enter a firm scheduling order. Application granted. ( signed by Magistrate Robert M. Levy ) (Jean (Entered: 10/26/1998)

Oct. 26, 1998

Oct. 26, 1998

63

LETTER dated 10/30/98 from Luis Lavin to Magistrate Levy, requesting that the hearing scheduled for 11/13/98 be taken off the Court's calendar. (Jean (Entered: 11/04/1998)

Nov. 4, 1998

Nov. 4, 1998

64

ORDER, endorsed on letter dated 10/30/98 from Luis Lavin to Magistrate Levy, requesting that the hearing set for 11/13/98 be taken off the calendar. Application granted. ( signed by Magistrate Robert M. Levy ) (Jean (Entered: 11/24/1998)

Nov. 24, 1998

Nov. 24, 1998

65

ORDER, endorsed on letter dated 1/6/99 from Luis Lavin to Magistrate Levy, requesting that the stipulation regarding provisional hires be classified as sealed. Application granted. The Clerk's Office is respectfully requested to seal entry 19. ( signed by Magistrate Robert M. Levy, dated 1/7/99) (Jean (Entered: 01/28/1999)

Jan. 28, 1999

Jan. 28, 1999

66

STIPULATION and ORDER The New York City Dept of Citywide Administrative Services should be substituted as a deft in place of New York City Dept of Personnel, and William J. Diamond, Commissioner, should be substituted in place of Lillima Barrios-Paoli. signed by Magistrate Robert M. Levy, dated 2/1/99 (Jean (Entered: 02/12/1999)

Feb. 12, 1999

Feb. 12, 1999

67

SETTLEMENT AGREEMENT submitted by both parties. (Jean (Entered: 02/16/1999)

Feb. 16, 1999

Feb. 16, 1999

68

STANDARD REFERRAL ORDER the case is referred to Magistrate Levy for the pre-trial purposes.( signed by Judge Frederic Block, dated 3/4/99) (Jean (Entered: 03/10/1999)

March 10, 1999

March 10, 1999

69

SETTLEMENT AGREEMENT submitted by both parties (unsigned by Judge) (Jean (Entered: 03/15/1999)

March 15, 1999

March 15, 1999

71

LETTER dated 3.12.99 from Andrew Werner advising the COurt that he objects to the settlement agreement in this case. (Hunter, Tara) (Entered: 03/29/1999)

March 16, 1999

March 16, 1999

70

LETTER dated 3/19/99 from Harry Santana, School Custodian, to Whom It May Concern, advising the court of his address and phone number. (Murphy, Margaret) (Entered: 03/25/1999)

March 25, 1999

March 25, 1999

73

NOTICE of various letter regarding provisional custodians. (Jean (Entered: 04/13/1999)

April 13, 1999

April 13, 1999

74

LETTER dated 4/6/99 from Richard M. Blumberg, Custodian, to Whom It May Concern, advising that the civil service exam is the best and most fair way to hire people for the custodian position. (Murphy, Margaret) (Entered: 04/20/1999)

April 15, 1999

April 15, 1999

75

LETTER dated 4/19/99 from Aaron Schuham to Magistrate Levy, requesting a status conference for 5/13/99. (Jean (Entered: 04/21/1999)

April 21, 1999

April 21, 1999

76

LETTER dated 4/22/1999 from GIOVANNI A. ALAIMO, SCHOOL CUSTODIAN to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

77

LETTER dated 4/22/1999 from GIOVANNI A. ALAIMO, SCHOOL CUSTODIAN to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education on the Basis of retroactive seniority. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

78

LETTER dated 3/25/1999 from HUMBERTO FERNANDEZ, to CLERK OF COURT in opposition to the recent settlement between the US Justice Department and the NYC Board of Education. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

79

LETTER dated 4/14/1999 from FRANK J. ASTARITA, SCHOOL CUSTODIAN to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

80

LETTER dated 4/14/1999 from EDWARD MC LINDEN, JR. to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

81

LETTER dated 4/14/1999 from ANTHONY ASTARITA to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

82

LETTER dated 4/14/1999 from TRIFON A. RADEF, to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

83

LETTER dated 4/14/1999 from MICHAEL FINNERAN, SCHOOL CUSTODIAN, TO CATE GREEN PARALEGAL SPECIALIST US JUSTICE DEPT, in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

84

LETTER undated from JOHN KELLY to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

85

LETTER dated 4/21/1999 from JAMES G. AMALFITANO to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

86

LETTER dated 4/20/1999 from MICHAEL B. FINNERAN to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

87

LETTER dated 4/14/1999 from WILLIAM C. ZELL to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education on the basis of qualifications. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

89

LETTER 4/14/1999 from JOSEPH MCLINDEN to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education on the basis of qualifications. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

90

LETTER dated 4/23/1999 from REIDAR J. HERVOLD, SCHOOL CUSTODIAN to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education on the basis of retroactive seniority. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

91

LETTER dated 4/14/1999 from REIDAR J. HERVOLD, School Custodian to CLERK OF COURT in opposition to the recent settlement agreement between the US Justice Department and the NYC Board of Education on the basis of qualifications. (Forwarded to Chambers.) (Mackey, Donna) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 30, 1996

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States

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: Yes

Class Action Outcome: Granted

Defendants

New York City Board of Education, City

Department of Citywide Administrative Services, City

William J. Diamond, Personnel Director, New York City Department of Personnel (in her official capacity), City

115-13 120th Street, City

Defendant Type(s):

Elementary/Secondary School

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: 1997 - None

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Comply with advertising/recruiting requirements

Retroactive Seniority

Preliminary relief denied

Issues

General:

Pattern or Practice

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Race:

Black

White