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

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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…

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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11723549/parties/white-v-nassau-county-pd/

Judge(s)

Altimari, Frank X. (New York)

Berman, Richard M. (New York)

Boyle, E. Thomas (New York)

Attorney for Plaintiff

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

Attorney for Defendant

Clines, Peter J. (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)

Attorney 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)

Slavin, L. Susan (New York)

Vu, Mihn N. (District of Columbia)

Wells, William D. (New York)

Attorney 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)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

9:76-cv-01869	Docket	May 30, 2006	May 30, 2006 Docket
9:76-cv-01869	Opinion White v. Nassau County Police Department	Jan. 11, 1977	Jan. 11, 1977 Order/Opinion 1977 WL 15366
9:76-cv-01869	Opinion White v. Nassau County Police Department	May 17, 1977	May 17, 1977 Order/Opinion 1977 WL 15367
77-01881	Order United States of America v. Nassau County	May 22, 1990	May 22, 1990 Order/Opinion 1990 WL 145596
77-01881	Opinion United States v. Nassau County U.S. Court of Appeals for the Second Circuit	Feb. 6, 1991	Feb. 6, 1991 Order/Opinion 930 F.2d 909
9:76-cv-01869	Opinion Brennan v. Nassau County U.S. Court of Appeals for the Second Circuit	Dec. 10, 2003	Dec. 10, 2003 Order/Opinion 352 F.3d 60
486 9:76-cv-01869 77-01881	Order [Re: Denying Motion to Compel; Closing Case] US v. Nassau County; White v. Nassau County Police Department	July 20, 2004	July 20, 2004 Order/Opinion
04-04281 04-04882 04-04297 04-04869 04-05960	Mandate of United States Court of Appeals White v. Nassau County Police Department U.S. Court of Appeals for the Second Circuit	March 30, 2006	March 30, 2006 Order/Opinion 175 Fed.Appx. 405

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/11723549/white-v-nassau-county-pd/

Last updated Sept. 22, 2026, 9:55 p.m.

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Docket for: White v. Nassau County P.D.

ECF Number	Date	Description	Link
	Oct. 12, 1976	REFER TO MANUAL DOCKET FOR PRIOR ENTRIES Documents 1-450. (Valle, Christine) Modified on 08/16/2002 (Entered: 08/16/2002)	PACER
	Oct. 12, 1976	Please refer to paper docket sheet for entries 1-450. (Valle, Christine) Modified on 08/16/2002 (Entered: 08/16/2002)	PACER
	Oct. 12, 1976	REFER TO MANUAL DOCKET FOR PRIOR ENTRIES Documents 1-450. (Valle, Christine) Modified on 08/16/2002
	Oct. 12, 1976	Please refer to paper docket sheet for entries 1-450. (Valle, Christine) Modified on 08/16/2002
	Aug. 26, 1982	Case closed (Valle, Christine) (Entered: 08/16/2002)	PACER
	Aug. 26, 1982	Case closed (Valle, Christine)
	March 9, 1983	CASE reassigned to Judge Frank X. Altimari (Valle, Christine) (Entered: 08/16/2002)	PACER
	March 9, 1983	CASE reassigned to Judge Frank X. Altimari (Valle, Christine)
451	Aug. 24, 1983	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)	RECAP
	July 26, 2002	CASE reassigned to Judge Joanna Seybert (Valle, Christine) (Entered: 08/16/2002)	PACER
	July 26, 2002	CASE reassigned to Judge Joanna Seybert (Valle, Christine)
	July 26, 2002	Case reopened (Valle, Christine)
452	July 31, 2002	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)	RECAP
453	Sept. 4, 2002	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)	RECAP
	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)	PACER
	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)
456	Sept. 20, 2002	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)	RECAP
455	Sept. 23, 2002	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)	RECAP
	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)	PACER
	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)
454	Sept. 26, 2002	Letter MOTION by Alice Woodson White, Jacqui Harris Wilson, Carolann Calamia, Mary Ann Durkin, Karen Ryan; for an updated conference schedule, as well as a directive regarding Defts' responsive papers . Motion hearing not scheduled . (Fagan, Linda) (Entered: 10/01/2002)	RECAP
	Sept. 26, 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)	PACER
	Sept. 26, 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)
457	Oct. 3, 2002	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)	RECAP
458	Oct. 4, 2002	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)	RECAP
	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)	PACER
	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)
459	Oct. 8, 2002	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)	RECAP
460	Oct. 8, 2002	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)	RECAP
461	Oct. 11, 2002	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)	RECAP
462	Oct. 11, 2002	REPLY MEMORANDUM OF LAW by Alice Woodson White, Jacqui Harris Wilson, Carolann Calamia, Mary Ann Durkin, Karen Ryan in further support of the Order to Show Cause. (Valle, Christine) (Entered: 12/23/2002)	RECAP
	Oct. 11, 2002	Show cause hearing held (Valle, Christine) (Entered: 10/23/2002)	PACER
	Oct. 11, 2002	Show cause hearing held (Valle, Christine)
463	Oct. 17, 2002	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)	RECAP
464	Dec. 17, 2002	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)	RECAP
465	Jan. 14, 2003	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)	RECAP
466	April 22, 2003	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)	RECAP
	May 15, 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)	PACER
	May 15, 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)
467	June 2, 2003	USCA Acknowledgment received: index to the record on appeal. USCA# 03-6011(CON).(Duong, Susan) (Entered: 06/02/2003)	RECAP
468	Dec. 19, 2003	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)	RECAP
469	Feb. 25, 2004	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)	RECAP
	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)	PACER
	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)
470	March 3, 2004	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)	RECAP
	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)	PACER
	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)
471	March 18, 2004	MEMORANDUM OF PLTFF UNITED STATES IN RESPONSE to Court's 12/19/03 Order. (Valle, Christine) (Entered: 04/06/2004)	RECAP
472	March 18, 2004	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)	RECAP
473	April 2, 2004	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)	RECAP
474	April 7, 2004	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)	RECAP
475	April 19, 2004	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)	RECAP
476	April 19, 2004	MEMORANDUM OF LAW IN RESPONSE TO THE COURT'S 12/19/03 ORDER by Pltffs-Movants. (Valle, Christine) (Entered: 05/04/2004)	RECAP
477	April 19, 2004	AFFIDAVIT of Susan J. Giannone 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)	RECAP
478	April 19, 2004	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)	RECAP
	April 21, 2004	CASE REFERRED to Magistrate Judge E. Thomas Boyle. (Mahon, Cinthia) (Entered: 04/21/2004)	PACER
	April 21, 2004	CASE REFERRED to Magistrate Judge E. Thomas Boyle. (Mahon, Cinthia)
479	April 29, 2004	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)	RECAP
481	May 12, 2004	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)	RECAP
482	May 25, 2004	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)	RECAP
	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)	PACER
	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)
483	May 26, 2004	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)	RECAP
480	May 27, 2004	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)	RECAP
	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)	PACER
	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)
484	June 3, 2004	ORDER - For the foregoing reasons, the Court denies, without prejudice, pltffs' request to conduct merit discovery at this time. In the event that pltffs survive the pending motions to dismiss, this application may be renewed. The parties are unable to agree on a discovery schedule with respect to the above limited issues - laches and ripeness for review. Discovery shall be completed by 8/30/04 with respect to these issues. Accordingly, the Court sets the following schedule. Service shall be by facsimile: Service of discovery demands 6/11/04. Response to demands 7/2/04. Any letter motion to compel/protective order 7/16/04. Letter opposition 7/23/04. The conference on 6/7/04 is rescheduled to 9/15/04 at 9:30AM. All counsel shall be present. Signed by Judge E. Thomas Boyle on 6/3/04. C/F(Valle, Christine) (Entered: 06/25/2004)	RECAP
	June 3, 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)	PACER
	June 3, 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)
485	July 7, 2004	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)	RECAP
	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)	PACER
	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)
498	July 15, 2004	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)	RECAP
	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)	PACER
	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)
493	July 16, 2004	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)	RECAP
494	July 16, 2004	AFFIRMATION of L. Susan Scelzo Slavin in Support Re: 493 Proposed Order to Show Cause, by Mary Ann Durkin, Karen Ryan. (Valle, Christine) (Entered: 08/18/2004)	RECAP
503	July 16, 2004	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)	RECAP
492	July 19, 2004	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)	RECAP
504	July 19, 2004	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)	RECAP
486	July 20, 2004	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)	RECAP
510	July 21, 2004	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)	RECAP
499	July 22, 2004	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)	RECAP
495	July 23, 2004	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)	RECAP
505	July 23, 2004	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)	RECAP
506	July 23, 2004	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)	RECAP
507	July 23, 2004	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)	RECAP
496	July 26, 2004	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)	RECAP
497	July 26, 2004	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)	RECAP
488	July 28, 2004	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)	RECAP
489	July 29, 2004	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)	RECAP
490	July 29, 2004	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)	RECAP
508	July 29, 2004	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)	RECAP
487	Aug. 2, 2004	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)	RECAP
509	Aug. 2, 2004	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)	RECAP
491	Aug. 13, 2004	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)	RECAP
501	Aug. 13, 2004	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)	RECAP
500	Sept. 7, 2004	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)	RECAP
	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)	PACER
	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)

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Case Details

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):

Private Plaintiff

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

County

Nassau County