Case: White v. Nassau County P.D.

9:76-cv-01869 | U.S. District Court for the Eastern District of New York

Filed Date: Dec. 27, 1976

Clearinghouse coding complete

Case Summary

On December 27, 1976, plaintiffs, present and former female police department employees and a rejected female applicant ("the White plaintiffs"), filed a lawsuit asserting that the Nassau County Police Department's hiring practices constituted unlawful employment discrimination in violation of Title VII of the Civil Rights Act. Plaintiffs, represented by private counsel, filed this case in the United States District Court for the Eastern District of New York on behalf of themselves and those s…

On December 27, 1976, plaintiffs, present and former female police department employees and a rejected female applicant ("the White plaintiffs"), filed a lawsuit asserting that the Nassau County Police Department's hiring practices constituted unlawful employment discrimination in violation of Title VII of the Civil Rights Act. Plaintiffs, represented by private counsel, filed this case in the United States District Court for the Eastern District of New York on behalf of themselves and those similarly situated. They sought declaratory relief, injunctive relief, and damages.

The White plaintiffs filed a motion for a preliminary injunction to enjoin defendants from hiring any additional police officers pending the lawsuit, which the district court (Judge George C. Pratt) granted on January 11, 1977. White v. Nassau County Police Department, No. 76-1869, 1977 WL 15366 (E.D.N.Y. Jan. 11, 1977). On May 17, 1977 the court (Judge Pratt) granted plaintiffs' motion for class certification and defined the class as all women who are or have been employed by the police department from January 1, 1966 to present. White v. Nassau County Police Department, No. 76-1869, 1977 WL 15367 (E.D.N.Y. May 17, 1977).

At about the same time, on September 21, 1977, the United States filed a lawsuit in the United States District Court for the Eastern District of New York, under Title VII against Nassau County and the Nassau County Police Department. The United States alleged defendants engaged in a pattern or practice of employment discrimination against women, African Americans, and Hispanics. In addition, an individual plaintiff, Durkin, also filed a lawsuit against Nassau County and the Nassau County Police Department under Title VII in the United States District Court for the Eastern District of New York. Ms. Durkin, represented by private counsel, sought damages and injunctive relief. All three cases were heard by the same district judge.

On April 21, 1982, the United States and defendants entered into a consent decree ("USA decree") whereby the defendants denied a pattern or practice of discrimination, but agreed to: (1) take steps regarding its selection and qualification criteria and its future recruitment and appointment of police officers; (2) accommodate female officers who wished to transfer to other positions; and (3) provide remedial relief to women who the challenged examination as part of their application to the police department. The White plaintiffs also entered into a consent decree ("White decree") with the defendants in 1982 whereby defendants agreed not to engage in sex discrimination or retaliation and to pay class members stipulated lump sums. Defendants also agreed to reinstate Durkin effective August 20, 1982 and provided Durkin her original seniority date.

White males whose examination scores were reduced as part of Nassau County's compliance with the White and USA consent decrees sought to intervene in the USA law suit seeking that their original scores stand or that they receive an appointment to the police department. The district court (Judge Jacob Mishler) denied the motion to intervene, holding the motion was untimely and the prospective interveners' interest in the underlying factual issues of the suit was limited. United States v. Nassau County, No. 77-1881, 1990 WL 145596 (E.D.N.Y. May 22, 1990). On February 6, 1991, an appeal was dismissed by the United States Court of Appeals for the Second Circuit. United States v. Nassau County, 930 F.2d 909 (2d Cir. 1991).

In July 2002, Durkin brought a lawsuit to enforce the consent decree. Specifically, Durkin alleged defendants violated the White decree by: (1) failing to give her leave benefits; (2) failing to give her separation benefits upon retirement; and (3) failure to allow her to participate in the police department's retirement program. Similarly, a group of plaintiffs claiming to be beneficiaries ("USA appellants") under the USA decree alleged defendants failed violated the USA decree by failing to give them the appropriate benefits. The district court (Judge Joanna Seybert) held that the Durkin's claims were all barred by the statute of limitations and laches. The court further held the USA appellants lacked standing.

On appeal, the Second Circuit (Judges Ellsworth Alfred Van Graafeiland, Barrington Daniels Parker, Jr., and Richard M. Berman) held that it was inappropriate for the district court to apply a statute of limitations analysis to an equitable claim. The court remanded the case for analysis only under the doctrine of laches. The court further held that the USA appellants had standing and remanded the case for the district court to analyze under the ripeness doctrine. United States v. Nassau County, 352 F.3d 60 (2d Cir. 2003).

On July 20, 2004, the district court (Judge Seybert) again denied the plaintiffs motion to enforce these consent decrees holding their claims were barred by laches. On March 30, 2006, the Second Circuit (Judges Wilfred Feinberg and Robert A. Katzmann) issued a Summary Order affirming the district court. The court of appeals held that the plaintiffs had been aware defendants were not crediting them with the appropriate benefits since the early 1980s. Durkin v. Nassau County Police Department, No. 04-4281, 2006 WL 897826 (2d Cir. Mar. 30, 2006). The docket ends on May 30, 2006 with a notice of that Court of Appeals decision.

Summary Authors

Emilee Baker (9/5/2007)

People


Judge(s)

Altimari, Frank X. (New York)

Berman, Richard M. (New York)

Boyle, E. Thomas (New York)

Feinberg, Wilfred (New York)

Katzmann, Robert A. (New York)

Mishler, Jacob (New York)

Parker, Barrington Daniels Jr. (New York)

Pratt, George Cheney (New York)

Seybert, Joanna (New York)

Van Graafeiland, Ellsworth Alfred (New York)

Judge(s)

Altimari, Frank X. (New York)

Berman, Richard M. (New York)

Boyle, E. Thomas (New York)

Feinberg, Wilfred (New York)

Katzmann, Robert A. (New York)

Mishler, Jacob (New York)

Parker, Barrington Daniels Jr. (New York)

Pratt, George Cheney (New York)

Seybert, Joanna (New York)

Van Graafeiland, Ellsworth Alfred (New York)

Attorneys(s) for Plaintiff

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

Dimsey, Dennis J. (District of Columbia)

Fox, Tatum J. (New York)

Gapinski, Michele (New York)

Gellert, Karl N. (District of Columbia)

Rone, Jemera (New York)

Vu, Mihn N. (District of Columbia)

Wells, William D. (New York)

Attorneys(s) for Defendant

Clines, Peter J. (New York)

Fleischer, Arnold D. (New York)

Gadzichowski, John M. (District of Columbia)

Gitelman, William (New York)

Goodman, Lorna B. (New York)

Lefkowitz, Louis J. (New York)

Picciano, John F. (New York)

Documents in the Clearinghouse

Document

Docket

May 30, 2006 Docket

Opinion

White v. Nassau County Police Department

1977 WL 15366

Jan. 11, 1977 Order/Opinion

Opinion

White v. Nassau County Police Department

1977 WL 15367

May 17, 1977 Order/Opinion

Order

United States of America v. Nassau County

1990 WL 145596, 1990 U.S.Dist.LEXIS 13790

May 22, 1990 Order/Opinion

Opinion

United States v. Nassau County

U. S. Court of Appeals for the Second Circuit

930 F.2d 909

Feb. 6, 1991 Order/Opinion

Opinion

Brennan v. Nassau County

U. S. Court of Appeals for the Second Circuit

352 F.3d 60

Dec. 10, 2003 Order/Opinion
486

Order [Re: Denying Motion to Compel; Closing Case]

US v. Nassau County; White v. Nassau County Police Department

July 20, 2004 Order/Opinion

Mandate of United States Court of Appeals

White v. Nassau County Police Department

U. S. Court of Appeals for the Second Circuit

175 Fed.Appx. 405

March 30, 2006 Order/Opinion

Docket

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

ECF Number Description Date Link

REFER TO MANUAL DOCKET FOR PRIOR ENTRIES Documents 1-450. (Valle, Christine) Modified on 08/16/2002 (Entered: 08/16/2002)

Oct. 12, 1976

Please refer to paper docket sheet for entries 1-450. (Valle, Christine) Modified on 08/16/2002 (Entered: 08/16/2002)

Oct. 12, 1976

Case closed (Valle, Christine) (Entered: 08/16/2002)

Aug. 26, 1982

CASE reassigned to Judge Frank X. Altimari (Valle, Christine) (Entered: 08/16/2002)

March 9, 1983
451

LETTER dated 8/24/83 from Warren J. Bennia to Judge Mishler RE: I am writing to provide the Court with additional relevant information which should be of assistance during the deliberation on and disposition of the motion for intervention pending in the consolidated actions. (Valle, Christine) (Entered: 08/16/2002)

Aug. 24, 1983

CASE reassigned to Judge Joanna Seybert (Valle, Christine) (Entered: 08/16/2002)

July 26, 2002
452

CERTIFICATE OF SERVICE - Copy of Order to Show Cause with supporting affirmation and memorandum of law on Nassau County Attorney and John M. Gadzichowski, Esq. via UPS on 7/26/02. (Valle, Christine) (Entered: 08/16/2002)

July 31, 2002
453

Letter MOTION by Nassau County P.D., Daniel P. Guido, Ralph G. Caso, Nassau County Board, Francis T. Purcell, Alfonse D'Amato, John W. Burke, Michael J. Tully Jr., Vincent Suozzi, Hannah Komanoff, Nassau County Civil, Gabriel S. Kohn, Edward S. Witanowsky, Edward A. Simmons, Nassau County Patrol, Municipal Police, Thomas R. Blair, Michael J. Codd, William G. Connelie, Patrick J. Corbett, J. Wallace La Prade, Walter F. Ruckgaber request to extend time of the return date for the order to show cause . No motion hearing . (Valle, Christine) (Entered: 09/06/2002)

Sept. 4, 2002

Endorsed order granting [453-1] motion request to extend time of the return date for the order to show cause. Reset show cause hearing for 2:00 on 9/26/02 before Judge Joanna Seybert . (Signed by Judge Joanna Seybert, on 9/4/02) EOD #453 C/M (Valle, Christine) (Entered: 09/06/2002)

Sept. 4, 2002
456

LETTER dated 9/19/02 from L. Susan Scelzo Slavin to Judge Seybert RE: We respectfully oppose any application on the part of the County Attorney or the U.S. Attorney for an adjournment. (Valle, Christine) (Entered: 10/08/2002)

Sept. 20, 2002
455

Letter MOTION by Nassau County P.D., Daniel P. Guido, Ralph G. Caso, Nassau County Board, Francis T. Purcell, Alfonse D'Amato, John W. Burke, Michael J. Tully Jr., Vincent Suozzi, Hannah Komanoff, Nassau County Civil, Gabriel S. Kohn, Edward S. Witanowsky, Edward A. Simmons, Nassau County Patrol, Municipal Police, Thomas R. Blair, Michael J. Codd, William G. Connelie, Patrick J. Corbett, J. Wallace La Prade, Walter F. Ruckgaber request to extend time to 10/7/02 to respond to the Order to Show Cause . No motion hearing . (Valle, Christine) (Entered: 10/08/2002)

Sept. 23, 2002

Endorsed order granting [455-1] motion request to extend time to 10/7/02 to respond to the Order to Show Cause. Upon consideration of dft's request and pltff's opposition the Court hereby grants the extension of time. The parties shall appear on 10/11/02 at 10:30AM before Judge Joanna Seybert . (Signed by Judge Joanna Seybert, on 9/23/02) EOD #455 C/F (Valle, Christine) (Entered: 10/08/2002)

Sept. 23, 2002

Endorsed order; granting [454-1] motion for an updated conference schedule, as well as a directive regarding Defts' responsive papers. The parties shall appear before the Court on Friday, 10/11/02 at 10:30 a.m.; Reset show cause hearing for 10/11/02 at 10:30 a.m. before Judge Joanna Seybert . Deft's responsive papers shallbe filed and served on or before 10/7/02. No further extensions shall be granted . ( Signed by Judge Joanna Seybert, on 9/26/02) c/m EOD #454 (Fagan, Linda) (Entered: 10/01/2002)

Sept. 26, 2002
457

LETTER dated 10/3/02 from L. Susan Scelzo Slavin to Judge Seybert RE: I would like to advise the Court that both my clients and I will be out of New York from 10/16/02 to 10/25/02. Therefore, if the Court is going to reschedule the conference, I would respectfully request that the conference be rescheduled after 10/25/02. (Valle, Christine) (Entered: 10/08/2002)

Oct. 3, 2002
458

LETTER dated 10/2/02 from Michele Gapinski to Judge Seybert RE: We are requesting a clarafication of the Court's order dated 9/26/02. (Valle, Christine) (Entered: 10/08/2002)

Oct. 4, 2002

Endorsement on [458-1] letter. Dft's responsive papers shall be due on 10/10/02 and the parties shall appear for a conference on 10/11/02. (Signed by Judge Joanna Seybert, on 10/4/02) EOD #458 C/F (Valle, Christine) (Entered: 10/08/2002)

Oct. 4, 2002
459

NASSAU COUNTY'S MEMORANDUM OF LAW re: in opposition to the Order to Show Cause dated 7/26/02. (Fagan, Linda) (Entered: 10/10/2002)

Oct. 8, 2002
460

Declaration of Deputy Inspector Lorraine A. Hannon on behalf of the Nassau County Re: submitted in connectin with [459-1] opposition memorandum. (Fagan, Linda) (Entered: 10/10/2002)

Oct. 8, 2002

Show cause hearing held (Valle, Christine) (Entered: 10/23/2002)

Oct. 11, 2002
461

Calendar entry: Before Judge Joanna Seybert on 10/11/02 at 10:30AM. Civil Cause for Order to Show Cause. Counsel for all sides present. Argument heard; decision reserved. Court Reporter: O. Wicker (Valle, Christine) (Entered: 10/23/2002)

Oct. 11, 2002
463

LETTER dated 10/15/02 from L. Susan Scelzo Slavin to Judge Seybert RE: The purpose of this correspondence is to correct a ministerial error with regard to the citation of Jermosen v. Coughlin, found on page 3 of pltff's Reply Memorandum of Law. (Valle, Christine) (Entered: 12/23/2002)

Oct. 17, 2002
464

ORDER - Pending before the Court is a motion to compel the dfts in this action to comply with the terms of the Consent Decree entered in this action. The Court finds that the relief sought is barred by the statute of limitations and as such, the motion is DENIED. (Signed by Judge Joanna Seybert, on 12/17/02) C/M (Valle, Christine) (Entered: 01/06/2003)

Dec. 17, 2002
465

NOTICE OF APPEAL by Mary Ann Durkin Fee Paid $ 105.00 Receipt # 8420 [464-1] order. Copy of notice of appeal, copy of order, court receipt and certified copy of docket sheet forwarded to USCA. Copy of notice of appeal sent to Chambers. Service made by Clerk. (Duong, Susan) (Entered: 01/15/2003)

Jan. 14, 2003
466

USCA Scheduling Order: [465-1] appeal USCA Number: 03- 6011 Index to the record on appeal due 5/13/03. Appellant's brief due 5/20/03. Appellee's brief due 6/19/03. Argument set for 8/4/03. A telephonic pre-argument conference scheduled for 4/29/03 at 10:00 a.m. (Duong, Susan) (Entered: 04/23/2003)

April 22, 2003

DESIGNATION of Record on Appeal re [465] Notice of Appeal sent to USCA including: original and 3 copies of the index to the record on appeal, clerk certificate and certified copy of docket sheet. USCA# 03-6011. (Duong, Susan) (Entered: 05/16/2003)

May 15, 2003
467

USCA Acknowledgment received: index to the record on appeal. USCA# 03-6011(CON).(Duong, Susan) (Entered: 06/02/2003)

June 2, 2003
468

ORDER dtd. 12/19/03: In accordance with the decision issued by the Second Circuit in this case, the parties are hereby ordered to submit written argument on the issues of l)the equitable doctrine of laches and 2) the ripeness of the claims of the USA plfs. Dfts' papers shall be submitted on/before 1/26/04. Plfs' shall file opposition papers on/before February 9. 2002 and Dfts' reply shall be filed on/or before 2/16/04 . Signed by Judge Joanna Seybert on 12/19/03. (Barhome, Sydelle) (Entered: 01/09/2004)

Dec. 19, 2003
469

Letter undated from Tatum J. Fox to Judge Seybert Re: The County requests an extension of time until 3/18/04 to submit our papers pursuant to the Court's order, which are currently due on 2/26/04. (Valle, Christine) (Entered: 03/24/2004)

Feb. 25, 2004

ENDORSED ORDER on [469] Letter. Application Granted. The County and the United States shall file their papers on or before 3/18/04. Signed by Judge Joanna Seybert on 2/25/04. EOD #469 C/F(Valle, Christine) (Entered: 03/24/2004)

Feb. 25, 2004
470

Letter dated 2/26/04 from Michele Gapinski to Judge Seybert Re: To request that the briefing schedule be adjusted as further set forth herein. (Valle, Christine) (Entered: 03/24/2004)

March 3, 2004

ENDORSED ORDER on [470] Letter. Application Granted. Signed by Judge Joanna Seybert on 3/3/04. EOD #470 C/M(Valle, Christine) (Entered: 03/24/2004)

March 3, 2004
471

MEMORANDUM OF PLTFF UNITED STATES IN RESPONSE to Court's 12/19/03 Order. (Valle, Christine) (Entered: 04/06/2004)

March 18, 2004
472

CERTIFICATE OF SERVICE by United States of America Re: [471] Memorandum in Response served upon Michele Gapinski, Esq; and Peter J. Clines, Esq via Federal Express on 3/17/04. (Valle, Christine) (Entered: 04/06/2004)

March 18, 2004
473

Letter dated 4/1/04 from Michele Gapinski to Judge Seybert Re: For reasons more fully set forth herein, we are writing to request permission to take discovery. (Valle, Christine) (Entered: 04/21/2004)

April 2, 2004
474

Letter dated 4/6/04 from Tatum J. Fox to Judge Seybert Re: For the reasons set forth herein, it is requested that pltffs' letter application dated 4/1/04, for permission to take discovery, be denied. (Valle, Christine) (Entered: 04/21/2004)

April 7, 2004
475

Letter dated 4/16/04 from L. Susan Scelzo Slavin to Judge Seybert Re: To enclose movants' Memorandum of Law, with supporting affidavits. To advise the Court that we continue our request for discovery. To request oral argument before the Court on the issues of laches and ripeness. (Valle, Christine) (Entered: 05/04/2004)

April 19, 2004
476

MEMORANDUM OF LAW IN RESPONSE TO THE COURT'S 12/19/03 ORDER by Pltffs-Movants. (Valle, Christine) (Entered: 05/04/2004)

April 19, 2004
478

AFFIDAVIT of Mary Ann Durkin in connection with the Pltffs- Movants Memorandum of Law submitted pursuant to this Court's order dated 12/19/03. (Valle, Christine) (Entered: 05/04/2004)

April 19, 2004

CASE REFERRED to Magistrate Judge E. Thomas Boyle. (Mahon, Cinthia) (Entered: 04/21/2004)

April 21, 2004
479

ORDER Status Conference set for 5/10/2004 10:00 AM before Magistrate-Judge E. Thomas Boyle. So Ordered. Signed by Judge E. Thomas Boyle on 4/29/04. (Barhome, Sydelle) (Entered: 05/07/2004)

April 29, 2004
481

Letter dated 5/11/04 from Tatum J. Fox to Magistrate Boyle Re: To enclose courtesy copies of the documents listed herein. (Valle, Christine) (Entered: 06/25/2004)

May 12, 2004
482

Letter dated 5/21/04 from Louis Lopez to Magistrate Boyle Re: To request that the Court approve the United States and Nassau County's proposed discovery plan as submitted. (Valle, Christine) (Entered: 06/25/2004)

May 25, 2004

ENDORSED ORDER on [482] Letter. A telephone conference will be held on 6/2/04 at 11:30AM. All counsel shall participate. Pltff's counsel shall initiate the call and have all parties on the line before connecting the Court. Signed by Judge E. Thomas Boyle on 5/25/04. EOD #482 C/F(Valle, Christine) (Entered: 06/25/2004)

May 25, 2004
483

Letter dated 5/25/04 from Michele Gapinski to Judge Boyle Re: To request that the Court reject the proposed discovery plan submitted by the USA and Nassau County and approve the plan submitted by pltffs-movants. (Valle, Christine) (Entered: 06/25/2004)

May 26, 2004
480

Letter APPLICATION dtd. 5/27/04 from Louis Lopez, Esq. to Mag. J. Boyle requesting an alternative date for telephone conference initially scheduled for 6/2/04 @11:30. (Barhome, Sydelle) (Entered: 06/22/2004)

May 27, 2004

Endorsed ORDER re [480] Letter: The telephone conference scheduled for 6/2/04 is adjourned to 6/7/04 @10:30. So Ordered.. Signed by Judge E. Thomas Boyle on 5/27/04. (Barhome, Sydelle) (Entered: 06/22/2004)

May 27, 2004

Set Deadlines/Hearings: Discovery due by 8/30/2004. Status Conference reset for 9/15/2004 at 09:30AM before Magistrate- Judge E. Thomas Boyle. (Valle, Christine) (Entered: 06/25/2004)

June 3, 2004
485

Letter dated 7/6/04 from Michele Gapinski to Judge Boyle Re: To request that the Court enter an Order stating that deposition notices and subpoenas are not subject to the 6/11/04 deadline and may be served at any time so long as the discovery deadline of 8/30/04 is observed. (Valle, Christine) (Entered: 07/27/2004)

July 7, 2004

ENDORSED ORDER on [485] Letter. The 6/11/04 date refers to initial document and interrogatory demands. It does not refer to deposition/subpoena notices which must be served sufficiently in advance to enable completion in a reasonable manner prior to 8/30/04. Signed by Judge E. Thomas Boyle on 7/7/04. EOD #485 C/F (Valle, Christine) (Entered: 07/27/2004)

July 7, 2004
498

Letter dated 7/15/04 from Diana Embrey to Mag. Judge Boyle re: United States respectfully requests an extension of the three- page limit for letter motions. (Dachille, Patti) (Entered: 08/23/2004)

July 15, 2004

ENDORSED ORDER re [498] granting Letter rquesting an extension of three-page limit for letter motions. Signed by Judge E. Thomas Boyle on 7/15/04. (Dachille, Patti) (Entered: 08/23/2004)

July 15, 2004
493

PROPOSED ORDER TO SHOW CAUSE - Let Pltff and Dfts Show Cause, why an Order should not be issued to consolidate the application of Margaret Cavanagh, with those applications previously filed, to enforce the terms of the Consent Decree entered. (UNSIGNED) (Valle, Christine) (Entered: 08/18/2004)

July 16, 2004
503

Letter from John Gadzichowski; Louis Lopez; Diana Embrey to Judge Boyle undated Re: The United States submits this letter motion for a protective order precluding the beneficiaries of two consent decrees from deposing John Gadzichowski, an attorney of record for the United States in the United States litigation. (Original document filed in 77cv1881 as Doc. #461). (Valle, Christine) (Entered: 09/28/2004)

July 16, 2004
492

Letter dated 7/16/04 from Marc Andrew Kramer to Judge Boyle Re: Annexed as Exhibit A is a true and accurate copy of a facsimile received from Nassau County. If the Court deems this to be a motion for a protective order, we will need to cross- move to compel Nassau County to produce the individuals subpoenaed. (Valle, Christine) (Entered: 08/16/2004)

July 19, 2004
504

Letter from L. Susan Scelzo Slavin to Judge Boyle dated 7/16/04 Re: Letter motion to compel Nassau County and the United States to properly respond to the document requests propounded by Claimants herein. (Valle, Christine) (Entered: 09/28/2004)

July 19, 2004
486

ORDER - For the reasons set forth herein, this Court finds that the USA Beneficiaries' claims are ripe for review. The Court further finds that Durkin's and the USA Beneficiaries' claims are barred by the equitable doctrine of laches. As such, the motion to compel is again DENIED. The Clerk of Court shall mark this case CLOSED. Signed by Judge Joanna Seybert on 7/20/04. C/M (Valle, Christine) (Entered: 07/30/2004)

July 20, 2004
510

ORDER - Pending before the Court is an application for an order to show cause, filed by pltff. Pltff seeks to add an additional named pltff to the above referenced cases. Pursuant to this Court's Order, dated 7/20/04, dismissing the cases, the present application is DENIED. Signed by Judge Joanna Seybert on 7/21/04. C/M(Valle, Christine) (Entered: 10/06/2004)

July 21, 2004
499

Letter dated 7/22/04 from Tatum J. Fox to Hon. Joanna Seybert re: Nassau County joins in opposing plaintiffs' request to reconsider and vacate the Court's 7/20/04 Order. It is respectfully submitted that plaintiffs' application be denied. (Dachille, Patti) (Entered: 08/30/2004)

July 22, 2004
495

ORDER - The parties are hereby ORDERED to appear before this Court on 7/29/04 at 10:00AM. The pltffs shall SHOW CAUSE why the Court should vacate it's 7/20/04 Order and allow discovery to continue. Pltffs must be prepared to show a specific and particularized need for discovery and/or further briefing on the limited issues related to the doctrines of laches and ripeness. Absent a showing by pltffs that discovery and/or further briefing would be relevant and material to those issues, the Court will not vacate the 7/20/04 Order. Signed by Judge Joanna Seybert on 7/23/04. C/F (Valle, Christine) (Entered: 08/19/2004)

July 23, 2004
505

Letter from John Gadzichowski; Louis Lopez; Diana Embrey to Judge Boyle dated 7/22/04 Re: The United States respectfully notifies the Court that, in light of District Judge Joanna Seybert's 7/21/04 Order denying the Durkin and USA beneficiaries' motion for compliance with the White and United States consent decrees and directing the Clerk of Court to close this matter, the United States will not be submitting a response to the pending motion to compel discovery. (Valle, Christine) (Entered: 09/28/2004)

July 23, 2004
506

Letter from L. Susan Scelzo Slavin to Judge Boyle dated 7/22/04 Re: Pursuant to the Court's scheduling order, the following is our opposition to the United States' undated letter motion for a Protective Order with regard to U.S. Attorney John Gadzichowski. (Valle, Christine) (Entered: 09/28/2004)

July 23, 2004
507

Letter from Tatum J. Fox to Judge Boyle dated 7/23/04 Re: Pursuant to Judge Seybert's Order dated 7/20/04 denying pltffs' motion to compel and closing this action, Nassau County respectfully notifies the Court that the County will not be submitting a response to pltff's motion to compel documents. (Valle, Christine) (Entered: 09/28/2004)

July 23, 2004
496

Letter from L. Susan Scelzo Slavin to Judge Seybert Re: To ask for reconsideration and request that the order of 7/20/04 be vacated and the parties permitted to complete discovery. (Valle, Christine) (Entered: 08/19/2004)

July 26, 2004
497

Letter dated 7/22/04 from John M. Gadzichowski to Judge Seybert Re: In light of the Court's 7/20/04 order, there is no basis for allowing such discovery to continue; and the continuation of such discovery would be improper and oppressive. (Valle, Christine) (Entered: 08/19/2004)

July 26, 2004
488

MOTION for Reconsideration re 486 Order, finding that the USA Beneficiaries' claims are ripe for review. Filed by Mary Ann Durkin, Karen Ryan. (Lopez, Adriana) (Entered: 08/13/2004)

July 28, 2004
489

AFFIDAVIT of Kathleen Mole in Support to the [488] MOTION for Reconsideration re 486 Order, finding that the USA Beneficiaries' claims are ripe for review. Filed by Mary Ann Durkin, Karen Ryan. (Lopez, Adriana) (Entered: 08/13/2004)

July 29, 2004
490

Minute Entry for proceedings held before Judge Joanna Seybert : Motion Hearing held on 7/29/2004 re [488] MOTION for Reconsideration. Counsel for all sides present. Argument heard on motion for reconsideration; decision reserved. (Court Reporter M Steiger.) (Lopez, Adriana) (Entered: 08/13/2004)

July 29, 2004
508

Nassau County's and the United States' Joint Index of Facts and Documents in the Record Which Are Relevant to the Issues of Laches and Ripeness. (Original filed in 77cv1881 as Doc. #466) (Valle, Christine) (Entered: 09/28/2004)

July 29, 2004
487

NOTICE OF APPEAL as to 486 Order, by Kathlenn Brennan, Susan J. Giannone, Esther Lidstrom, Jean Marcovecchio, Michele Meyer, Lorraine McIntyre, Ellen Stein, Barbara Stemmle, Doreen Triola, Kathleen Vedder, Mary Ann Durkin. Filing fee $ 255.00, receipt number 13692. Copy of notice of appeal, copy of order, court receipt and certified copy of the docket sheet forwarded to USCA. Copy of appeal sent to Chambers. Service made by Clerk. (Duong, Susan) (Entered: 08/03/2004)

Aug. 2, 2004
509

TRANSCRIPT OF PROCEEDINGS held on 7/29/04 at 10:00AM before Judge Joanna Seybert. Court Reporter: Mary Ann Steiger. (Valle, Christine) (Entered: 09/29/2004)

Aug. 2, 2004
491

ORDER DENIES Motion for Reconsideration and REAFFIRMS July 20, 2004 Order. Case remains CLOSED. Signed by Judge Joanna Seybert on 08/13/2004. c/m (Nohs, Bonnie) (Entered: 08/13/2004)

Aug. 13, 2004
501

Minute Entry for proceedings held before Joanna Seybert : Order to Show Cause Hearing held on 8/13/2004 at 3:00 p.m. Case called. Counsel for pltfs. not present. Tatum Fox (County Defendants) and Harry Greenberg (P.B.A. defendant) present. OTHER: Argument heard. Court grants Nassau County's application to extend date of promotion list. Order issued. (Court Reporter Owen Wicker.) (Dachille, Patti) (Entered: 09/20/2004)

Aug. 13, 2004
500

NOTICE OF APPEAL as to 491 Order on Motion for Reconsideration by Mary Ann Durkin. Appeal Record due by 9/13/2004. (Gapinski, Michele) (Entered: 09/07/2004)

Sept. 7, 2004

Transmission of Notice of Appeal, Court Receipt and Docket Sheet to US Court of Appeals re 500 Notice of Appeal. Receipt# 14005 in the amount of $ 255.00 (Duong, Susan) (Entered: 09/08/2004)

Sept. 7, 2004
502

TRANSCRIPT OF ORDER TO SHOW CAUSE Proceedings held on 8/13/04 at 3:00PM before Judge Joanna Seybert. Court Reporter: Owen Wicker. (Valle, Christine) (Entered: 09/23/2004)

Sept. 15, 2004
511

USCA Scheduling Order: A pre-argument conference scheduled for 10/20/04 at 3:00 p.m., Index due 11/3/04, Appellant's brief due 11/10/04, Appellee's brief due 12/10/04, Argument shall be heard no earlier than the week of 1/17/05. USCA# 04-4281(L), 04-4882(CON).(Duong, Susan) (Entered: 10/08/2004)

Oct. 7, 2004

DESIGNATION of Record on Appeal forwarded to USCA including: original and 3 copies of the index, clerk's certificate and certified copy of the docket sheet. USCA# 04-4281- cv.(Duong, Susan) (Entered: 10/25/2004)

Oct. 22, 2004
512

USCA Acknowledgment: index received. USCA# 04- 4281.(Duong, Susan) (Entered: 01/24/2005)

Jan. 21, 2005
513

NOTICE of Change of Address/Telephone/E-mail by L. Susan Slavin (Slavin, L.) (Entered: 07/29/2005)

July 29, 2005
514

MANDATE of USCA: The judgment of the district court is AFFIRMED as to 500 Notice of Appeal filed by Mary Ann Durkin, 487 Notice of Appeal, filed by Daniel P. Guido. Original mandate sent to Chambers. 04-4281-cv, 04-4882-cv, 04-4297-cv, 04-4869-cv, 04-5960-cv. Mandate also docketed under case# 77cv1881 (Duong, Susan) (Duong, Susan) (Entered: 06/01/2006)

May 30, 2006

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 27, 1976

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Present and former female employees of the Nassau County Police Department; African Americans and Latinos employees of the Nassau County Police Department

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Private 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

Nassau County (Nassau), County

Nassau County Police Department (Nassau), County

Nassau County Guardians Association (Nassau), None

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1982 - 0

Content of Injunction:

Reinstatement

Promotion

Preliminary relief granted

Position Restored

Hire

Expungement of Employment Record

Discrimination Prohibition

Retroactive Seniority

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Hiring

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

Promotion

Testing

Discrimination-basis:

National origin discrimination

Race discrimination

Sex discrimination

Race:

Black

White

Affected Gender:

Female

Male