Case: United States v. Robertson Fire Protection District

4:07-cv-01292 | U.S. District Court for the Eastern District of Missouri

Filed Date: July 17, 2007

Closed Date: May 23, 2010

Clearinghouse coding complete

Case Summary

On July 17th, 2007, the United States Department of Justice ("DOJ") filed an employment discrimination lawsuit under Title VII, 42 U.S.C. § 2000e et seq., in the U.S. District Court for the Eastern District of Missouri against the Robertson Fire Protection District (RFPD). The DOJ sought injunctive and remedial relief, alleging that the defendant violated Title VII by discriminating against two African-American employees on the basis of race.Specifically, the complaint stated that the discrimi…

On July 17th, 2007, the United States Department of Justice ("DOJ") filed an employment discrimination lawsuit under Title VII, 42 U.S.C. § 2000e et seq., in the U.S. District Court for the Eastern District of Missouri against the Robertson Fire Protection District (RFPD). The DOJ sought injunctive and remedial relief, alleging that the defendant violated Title VII by discriminating against two African-American employees on the basis of race.

Specifically, the complaint stated that the discrimination took the form of demoting the two employees from the position of fire inspector to firefighter. Furthermore, the complaint alleges that the employees were retaliated against for filing charges of discrimination with the EEOC.

The case was referred to alternative dispute resolution on February 1, 2008. The parties reached a settlement and the Court (Judge Catherine D. Perry) entered a consent decree on May 23, 2008. Under the agreement, RFPD did not make admissions. The decree contained two general injunctions: 1) prohibition of discrimination on the basis of race; 2) prohibition of retaliation. The RFPD agreed to the following: 1) amend its written policies to prohibit discrimination, with description of complaints procedures, written or verbal;and identification of persons responsible for handling race discrimination complaints; 4) prompt and objective investigation of complaints, with results no later than 30 days after filing of a complaint; 5) designation of a person responsible for implementation of the policies; 6) distribution and publication of new policies; 7) mandatory nondiscrimination training. The two individuals both were to receive monetary awards (amounts unknown) and neutral references. The RFPD agreed to retain records pertinent to implementation of the decree. The United States retained a right to monitor compliance. The Court retained jurisdiction over the matter for the duration of the decree. The decree would dissolve after two years from its entry without further order of the court.

Summary Authors

Jennifer Hau (11/26/2007)

Zhandos Kuderin (7/17/2014)

People


Judge(s)

Perry, Catherine D. (Missouri)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Fenton, William B. (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Hanaway, Catherine L. (Missouri)

Kim, Wan J. (District of Columbia)

Llewellyn, Nicholas P. (Missouri)

Morrison, Jeffrey G. (District of Columbia)

Palmer, David J. (District of Columbia)

Toomey, Kathleen (District of Columbia)

Judge(s)

Perry, Catherine D. (Missouri)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Fenton, William B. (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Hanaway, Catherine L. (Missouri)

Kim, Wan J. (District of Columbia)

Llewellyn, Nicholas P. (Missouri)

Morrison, Jeffrey G. (District of Columbia)

Palmer, David J. (District of Columbia)

Toomey, Kathleen (District of Columbia)

Attorneys(s) for Defendant

Billings, Charles H. (Missouri)

Jellinek, Charles B. (Missouri)

Kearbey, Travis R. (Missouri)

Documents in the Clearinghouse

Document

4:07-cv-01292

Docket [PACER]

May 22, 2014

May 22, 2014

Docket
1

4:07-cv-01292

Complaint

2007 WL 2435555

July 17, 2007

July 17, 2007

Complaint
23

4:07-cv-01292

Consent Decree

May 23, 2008

May 23, 2008

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendant Robertson Fire Protection District with Jury Demand filed by United States of America. 1 Waiver issued. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(CDD, ) (Entered: 07/18/2007)

July 17, 2007

July 17, 2007

WAIVER of Service issued for Defendant Robertson Fire Protection District. (CDD, ) (Entered: 07/18/2007)

July 17, 2007

July 17, 2007

2

ORDER OF INITIAL DISCOVERY; ORDERED plaintiff(s) shall forthwith serve process or mail waiver of service. ORDERED notwithstanding FRCP 26(d) and (f), any party who has entered an appearance may serve interrogatories and request for production or inspection upon plaintiff at any time and upon any other party after that party's entry of appearance. Parties shall respond to discovery requests w/in 30 days of service of discovery requests. No party may take oral depositions or serve requests for admissions prior to the Court's issuance of a CMO. As permitted by this Order, discovery shall commence immediately. FURTHER ORDERED plaintiff(s) shall serve a copy of this order along w/discovery requests to a party who has not entered an appearance as of the date of this order. Signed by Judge David D. Noce on 7/19/07. (CQL, ) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

3

WAIVER OF SERVICE Returned Executed filed by Robertson Fire Protection District Robertson Fire Protection District waiver sent on 7/17/2007, answer due 9/17/2007. (Billings, Charles) (Entered: 07/27/2007)

July 27, 2007

July 27, 2007

4

ENTRY of Appearance by Charles H. Billings for Defendant Robertson Fire Protection District. (Billings, Charles) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

6

ENTRY of Appearance by Travis R. Kearbey for Defendant Robertson Fire Protection District. (Kearbey, Travis) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

7

ANSWER to Complaint by Robertson Fire Protection District.(Jellinek, Charles) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

8

RULE 16 ORDER This case is assigned to Track: 2 Joint Scheduling Plan due by 10/15/2007. Rule 16 Conference set for 10/18/2007 02:15 PM in Courtroom 17N before Mag Judge David D. Noce. Magistrate Consent due by 10/15/2007.. Signed by Judge David D. Noce on 9/18/07. (Attachments: # 1 Consent)(KKS, ) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

ORDER RECEIPT: (see receipt) Tue Sep 18 16:11:04 CDT 2007 (KKS, ) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

9

ENTRY of Appearance by Jeffrey G. Morrison for Plaintiff United States of America. (Morrison, Jeffrey) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

10

CJRA ORDER (jgw). Judge David D. Noce termed. Case reassigned to Judge Catherine D. Perry for all further proceedings (KKS, ) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

ORDER RECEIPT: (see receipt) Mon Sep 24 16:00:36 CDT 2007 (KKS, ) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

11

RULE 16 ORDER. This case is assigned to Track: 2 Standard. Rule 16 Conference set for 10/26/2007 10:00 AM In Chambers before Honorable Catherine D. Perry. Signed by Judge Catherine D. Perry on 9/25/07. (KLH, ) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

ORDER RECEIPT: (see receipt) Tue Sep 25 16:28:53 CDT 2007 (KLH, ) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

12

JOINT SCHEDULING PLAN by Plaintiff United States of America.. (Morrison, Jeffrey) (Entered: 10/18/2007)

Oct. 18, 2007

Oct. 18, 2007

13

JOINT SCHEDULING PLAN by Plaintiff United States of America. Verification of Signed Original . (Morrison, Jeffrey) (Entered: 10/18/2007)

Oct. 18, 2007

Oct. 18, 2007

14

CASE MANAGEMENT ORDER This case is assigned to Track: 2 (Standard) Motion to Join Parties due by 12/14/2007. Discovery Completion due by 5/12/2008. Non−Dispositive Motions due by 5/23/2007. ADR Future Reference 2/1/2008. Dispositive Motions due by 6/9/2008. Jury Trial set for 10/20/2008 08:30 AM in Courtroom 14S before Honorable Catherine D. Perry. Pretrial Compliance due by 10/1/2008. Motion in Limine due by 10/10/2008. Signed by Judge Catherine D. Perry on 10/26/07. (BAK, ) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

ORDER RECEIPT: (see receipt) Fri Oct 26 14:05:37 CDT 2007 (BAK, ) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

15

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation Designation of Lead Counsel: Kathleen Toomey ADR Conference Schedule due by 2/20/2008. Designation of Neutral due by 2/20/2008. ADR Completion Deadline due by 4/30/2008. Signed by Honorable Catherine D. Perry on 2/1/08. (BAK) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

ORDER RECEIPT: (see receipt) Mon Feb 4 08:38:11 CST 2008 (Berg, Melanie) (Entered: 02/04/2008)

Feb. 4, 2008

Feb. 4, 2008

16

Designation of Neutral by parties and ADR Conference Report by Plaintiff United States of America Neutral: Michael Geigerman Date of Conference: April 30, 2008 time: 9:30 am Location: USA &M Offices (Attachments: # 1 certificate of service, # 2 verification of signed original)(Toomey, Kathleen) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

17

NOTICE of Appointment of Neutral Neutral name: Michael Geigerman Neutral selected by Clerk of Court(BAK) (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

ORDER RECEIPT: (see receipt) Fri Feb 22 16:18:27 CST 2008 (Kirkland, Beth) (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

19

SCHEDULING ORDER: Telephone Conference set for 5/16/2008 02:00 PM by Telephone before Honorable Catherine D. Perry. Signed by Honorable Catherine D. Perry on 5/5/08. (BAK) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

ORDER RECEIPT: (see receipt) Mon May 5 14:32:19 CDT 2008 (Kirkland, Beth) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

20

Consent MOTION to Continue telephone conference by Plaintiff United States of America. (Toomey, Kathleen) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

21

ORDER granting 20 Motion to Continue telephone conference Telephone Conference reset for 5/23/2008 11:00 AM before Honorable Catherine D. Perry. Counsel for the deft. shall initiate the call and have all parties on the line before contacting my chambers at 314−244−7520. Signed by Honorable Catherine D. Perry on 5/14/08. (LGK) (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

ORDER RECEIPT: (see receipt) Wed May 14 14:12:21 CDT 2008 (Kresko, Lisa) (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

22

Joint MOTION to Approve Consent Judgment by Plaintiff United States of America, Defendant Robertson Fire Protection District. (Attachments: # 1 Memo in Support of Motion, # 2 Proposed Consent Decree, # 3 Cert of Service, # 4 Vertification of Signed Original)(Morrison, Jeffrey) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

23

CONSENT DECREE. Signed by Honorable Catherine D. Perry on 5/23/08. (KLH) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

ORDER RECEIPT: (see receipt) Fri May 23 15:41:09 CDT 2008 (Hisaw, Kari) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

24

First MOTION for Extension of Hearing by Movant Howard &Johnson, LLC. Associated Cases: 4:12−cv−01232−CDP, 4:07−cv−01292−CDP(Johnson, Veronica) Modified on 5/23/2014 (CBL). (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

***REMARK. Motion 24 filed in error in this case and has been terminated. See 4:12cv1232 Order 136 for ruling. (CBL) (Entered: 05/23/2014)

May 22, 2014

May 22, 2014

Case Details

State / Territory: Missouri

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 17, 2007

Closing Date: May 23, 2010

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

United States, on behalf of African American employees of the fire department.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Robertson Fire Protection District (Robertson, St. Louis), None

Defendant Type(s):

Fire

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

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: 2008 - 2010

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Neutral/Positive Reference

Provide antidiscrimination training

Recordkeeping

Retaliation Prohibition

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Demotion

Discrimination-basis:

Race discrimination

Race:

Black