Case: United States v. Assumption Parish

2:94-cv-03656 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Nov. 15, 1994

Closed Date: May 1, 1997

Clearinghouse coding complete

Case Summary

On November 15th, 1994, 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 Louisiana against the Sheriff of Assumption Parish (in his official capacity). The DOJ sought injunctive and remedial relief, alleging that the defendant violated Title VII by discriminating against female employees in the Assumption Parish Sheriff's Department.The complaint specific…

On November 15th, 1994, 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 Louisiana against the Sheriff of Assumption Parish (in his official capacity). The DOJ sought injunctive and remedial relief, alleging that the defendant violated Title VII by discriminating against female employees in the Assumption Parish Sheriff's Department.

The complaint specifically states that as of June, 1994 there were approximately fourteen individuals employed by the Sheriff in the position of road deputy, none of whom was a woman. From at least July 1976 until August 8th, 1994, no woman had ever been hired for the position. The DOJ alleges that the defendant has pursued and continues to pursue policies and practices that discriminate against women, and deprive women of employment opportunities because of their sex. Furthermore, the complaint states that the acts, omissions, policies and practices of the defendant constitute a pattern or practice of resistance to the full enjoyment by women of their right to equal employment opportunities in the Sheriff's Department without discrimination based on sex.

The DOJ sought injunctive relief enjoining the defendant from engaging in discrimination, remedial relief that includes job offers with remedial seniority, back pay, and related benefits, and the adoption of a recruitment program designed to attract women to become road deputies.

The docket shows that a consent decree was entered on March 7th, 1996. This document is unavailable. A fairness hearing was held on the same day. On April 2nd, 1994 and April 4th, 1997, letters objecting to the settlement were entered. The last entry on the docket is on May 1st, 1997; it appears that a hearing was held on a motion by the defendant for individual relief.

Summary Authors

Jennifer Hau (11/27/2007)

People


Judge(s)

Livaudais, Marcel Jr. (Louisiana)

Attorneys(s) for Plaintiff

Fenton, William B. (District of Columbia)

Attorneys(s) for Defendant

Schroeder, Lloyd Frederick II (Louisiana)

Usry, Thomas Allen (Louisiana)

Judge(s)

Livaudais, Marcel Jr. (Louisiana)

Attorneys(s) for Plaintiff

Fenton, William B. (District of Columbia)

Attorneys(s) for Defendant

Schroeder, Lloyd Frederick II (Louisiana)

Usry, Thomas Allen (Louisiana)

Documents in the Clearinghouse

Document

2:94-cv-03656

Docket

United States v. The Sheriff of Assumption Parish

May 1, 1997

May 1, 1997

Docket

2:94-cv-03656

Opinion

United States v. The Sheriff of Assumption Parish

1995 WL 602885

Oct. 11, 1998

Oct. 11, 1998

Order/Opinion

Resources

Docket

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

ECF Number Description Date Link Date / Link
1

COMPLAINT ( 1 summons(es) issued ) (gw) (Entered: 11/16/1994)

Nov. 15, 1994

Nov. 15, 1994

Automatic Referral (Utility Event) to Magistrate Ronald Fonseca (gw) (Entered: 11/16/1994)

Nov. 15, 1994

Nov. 15, 1994

2

USM'S RETURN OF SERVICE of S&C executed upon defendant Sheriff Assumption on 11/28/94 (sw) (Entered: 11/29/1994)

Nov. 29, 1994

Nov. 29, 1994

3

Motion by defendant Thomas P Mabile and ORDER extending time to answer pla's cmp an addl 20 days by Judge Marcel Livaudais Date Signed: 12/22/94 (sw) (Entered: 12/27/1994)

Dec. 21, 1994

Dec. 21, 1994

4

ANSWER by defendant Thomas P Mabile to complaint by plaintiff USA [1-1] (bb) (Entered: 01/06/1995)

Jan. 4, 1995

Jan. 4, 1995

5

MINUTE ENTRY 1/11/95: ORDERED that a status conference is scheduled before Mag. Fonseca at 11:00 1/30/95 by Magistrate Ronald Fonseca (sw) (Entered: 01/12/1995)

Jan. 12, 1995

Jan. 12, 1995

6

MINUTE ENTRY ( 1/30/95): Preliminary Conference held; amendments due no later than 30 days ; pretrial conf set 2:00 10/20/95 ; non-jury trial set 8:30 10/30/95 ; by Judge Marcel Livaudais (dea) (Entered: 01/31/1995)

Jan. 31, 1995

Jan. 31, 1995

7

Motion by defendant Thomas P Mabile and ORDER that same be granted an addl 10 days w/in which to respond to pla's disc propounded on 3/2/95 by Judge Marcel Livaudais Date Signed: 3/29/95 (sw) (Entered: 03/30/1995)

March 28, 1995

March 28, 1995

8

MOTION by plaintiff USA to compel disc referred to Magistrate Ronald Fonseca to be heard before Mag Judge Fonseca at 9:00 5/31/95 (cp) (Entered: 05/17/1995)

May 16, 1995

May 16, 1995

9

MINUTE ENTRY 5/22/95: ORDERED that the hrg on pla's mtn to compel disc [8-1] noticed for hrg on 5/31/95 will be submitted on the briefs w/o oral argument by Magistrate Ronald Fonseca (sw) (Entered: 05/23/1995)

May 23, 1995

May 23, 1995

10

MINUTE ENTRY 5/31/95: Hrg held on pla's mtn to compel disc [8-1]; ORDERED granted. Dft is ordered to provide the requested disc responses w/in 10 days by Magistrate Ronald Fonseca (sw) (Entered: 06/01/1995)

June 1, 1995

June 1, 1995

11

Notice of Deposition by plaintiff USA of Sheriff of Assumption Parish on 8/9/95 (sw) (Entered: 07/05/1995)

July 5, 1995

July 5, 1995

12

Notice of Deposition by plaintiff USA of Anthony Flaterman on 8/21/95 (pck) (Entered: 07/17/1995)

July 14, 1995

July 14, 1995

13

USM's RETURN OF SERVICE of subp to Anthony Falterman; svd 7/19/95 (sw) (Entered: 07/24/1995)

July 21, 1995

July 21, 1995

14

MOTION by plaintiff USA to bifurcate for trial the issues of liability & individual relief to be heard before Mag. Fonseca at 9:00 8/23/95 (sw) (Entered: 08/07/1995)

Aug. 4, 1995

Aug. 4, 1995

15

Witness and exhibits list submitted by plaintiff USA (dea) (Entered: 08/18/1995)

Aug. 18, 1995

Aug. 18, 1995

16

MINUTE ENTRY (8/25/95): Matter is brought to the attention of the District Court Judge so that the matter may be placed on his trial calendar; pla is to re-ntc the mtn to bifurcate [14-1] for hrg bfr the District Court Judge by Magistrate Ronald Fonseca (gw) (Entered: 08/29/1995)

Aug. 29, 1995

Aug. 29, 1995

18

Motion by plaintiff USA and ORDER that a status conf will be held at 10:00 9/8/95 in chambers by Judge Marcel Livaudais (sw) (Entered: 08/31/1995)

Aug. 30, 1995

Aug. 30, 1995

17

NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 8:30 11/2/95 by Clerk (dea) (Entered: 08/31/1995)

Aug. 31, 1995

Aug. 31, 1995

19

Notice of Deposition by plaintiff USA of Taffy Ponvelle on 9/18/95 (pck) (Entered: 09/05/1995)

Sept. 1, 1995

Sept. 1, 1995

20

Notice of Deposition by plaintiff USA of Lonnie Cavalier & Charles Mabile on 9/12/95 (sw) (Entered: 09/05/1995)

Sept. 5, 1995

Sept. 5, 1995

21

Response by defendant Sheriff Assumption to USA's request for status conf (ps) (Entered: 09/06/1995)

Sept. 5, 1995

Sept. 5, 1995

22

MOTION by plaintiff USA for partial summary judgment to be heard before Judge at 9:00 9/27/95 (pck) (Entered: 09/08/1995)

Sept. 7, 1995

Sept. 7, 1995

23

MINUTE ENTRY 9/8/95: A status conf was held this date. ORDERED that pla's mtn to bifurcate for trial the issues of liability & individual relief [14-1] is granted. Pla's previous scheduled hrg on pla's mtn for partial summary judgment [22-1] is cont at 10:00 10/11/95. Pre-Trial Conference set at 9:15 1/4/96; Non-jury Trial set at 9:30 1/26/96 by Judge Marcel Livaudais (sw) (Entered: 09/11/1995)

Sept. 11, 1995

Sept. 11, 1995

24

RETURN OF SERVICE of subp to Taffy Ponvelle svd 9/12/95 (jd) (Entered: 09/13/1995)

Sept. 12, 1995

Sept. 12, 1995

25

MINUTE ENTRY 10/3/95: ORDERED that mtns set for hrg at 10:00 10/11/95 bfr Judge will be submitted w/o oral argument by Judge Marcel Livaudais (sw) (Entered: 10/04/1995)

Oct. 3, 1995

Oct. 3, 1995

26

Memo in opposition by defendant Thomas P Mabile to motion for partial summary judgment [22-1] filed by plaintiff USA (dea) (Entered: 10/05/1995)

Oct. 3, 1995

Oct. 3, 1995

27

ORDERED that pla's mtn for sum jgm [22-1] is denied as to the ninth & tenth defenses of the dft, as stated in his answer; that in all other respects the mtn is granted, thereby dismissing the first, second, third, fourth, fifth, sixth & seventh defenses, as well as 2, 5, 11 & 12 of the dft's eighth defense by Judge Marcel Livaudais (sw) (Entered: 10/12/1995)

Oct. 11, 1995

Oct. 11, 1995

28

Notice of Deposition by plaintiff USA of Charles Mabile, Eric Miles, Lonnie Cavalier on 11/1/95 (pck) (Entered: 10/19/1995)

Oct. 18, 1995

Oct. 18, 1995

29

USM'S RETURN OF SERVICE of subp to Eric Miles, Lonnie Cavalier & Charles Mabile on 10/19/95. (gw) (Entered: 10/25/1995)

Oct. 20, 1995

Oct. 20, 1995

30

Amended Notice of Deposition by plaintiff USA of Charles Mabile, Eric Miles & Lonnie Cavalier on 11/7/95 (tbl) Modified on 11/06/1995 (Entered: 11/06/1995)

Nov. 3, 1995

Nov. 3, 1995

31

Amended Witness and Exhibits list submitted by plaintiff USA (dea) (Entered: 11/07/1995)

Nov. 6, 1995

Nov. 6, 1995

32

Second Amended Witness and Exhibits list submitted by plaintiff USA (dea) (Entered: 12/06/1995)

Dec. 4, 1995

Dec. 4, 1995

34

Motion by defendant Thomas P Mabile and ORDER that the disc deadline is extended from 12/5/95 through 12/13/95 in order for dft to complete depositions of potential claimants by Magistrate Ronald Fonseca Date Signed: 12/5/95 (sw) (Entered: 12/06/1995)

Dec. 4, 1995

Dec. 4, 1995

33

Notice of Deposition by defendant Thomas P Mabile of Sue Ausbrooks a/k/a Sue Jones, Mildred Bourgere, Patricia Brooks, Doris Thompson & Glenda Grimm on 12/11/95 & Lethicia Jones, Tanya Jeansonne, Deborah Jones, Sharon Mims, Eleanor Ransom, Janet Simon, Tina Stelly & April Jones Cola on 12/12/95 (tbl) (Entered: 12/06/1995)

Dec. 5, 1995

Dec. 5, 1995

35

MINUTE ENTRY 12/22/95: At the request of counsel for the dft, the final pre-trial conf scheduled 1/4/96 at 9:15 is converted to a status conf. A further final pre-trial conf will be held at 10:00 1/11/96. All ptys are reminded that the 1/25/96 non-jury trial remains fixed by Judge Marcel Livaudais (sw) (Entered: 12/29/1995)

Dec. 28, 1995

Dec. 28, 1995

36

Motion by defendant Thomas P Mabile to cont pretrial conf & to set status conf and UNSIGNED ORDER (sw) (Entered: 01/05/1996)

Jan. 2, 1996

Jan. 2, 1996

37

MINUTE ENTRY 1/5/96: A status conf was held this date. The ptys are directed to take notice that the final pre-trial conf is presently scheduled at 10:00 1/11/96, with the non-jury trial scheduled to commence at 9:30 1/25/96 by Judge Marcel Livaudais (sw) (Entered: 01/05/1996)

Jan. 5, 1996

Jan. 5, 1996

38

MINUTE ENTRY 1/5/96: The final pre-trial conf presently scheduled on 1/11/96 is cont & re-set at 9:30 1/18/96 by Judge Marcel Livaudais (sw) (Entered: 01/08/1996)

Jan. 5, 1996

Jan. 5, 1996

39

Mtn by pla USA and ORDER that the Consent Decree is conditionally approved & entered subject to final approval & entry by Court after a Fairness Hrg set for 9:30 3/7/96. FURTHER ORDERED as stip. Pre-Trial Conf set for 1/18/96 & Non-jury Trial set for 1/25/96 are canceled. by Judge Marcel Livaudais (dno) (Entered: 01/19/1996)

Jan. 17, 1996

Jan. 17, 1996

40

Affidavit of John F. Weeks, II of publication of notice of fairness hrg. (dno) (Entered: 03/07/1996)

March 7, 1996

March 7, 1996

41

CONSENT DECREE as stip. by Judge Marcel Livaudais *****CLOSED***** (dno) Modified on 03/08/1996 (Entered: 03/07/1996)

March 7, 1996

March 7, 1996

42

PROCEEDING: Fairness hearing held 9:30 3/7/96. Consent decree to be signed. by Judge Marcel Livaudais (dno) (Entered: 03/07/1996)

March 7, 1996

March 7, 1996

43

Motion by plaintiff USA, defendant Thomas P Mabile and ORDER that an individual relief hrg is scheduled at 9:30 5/1/97 by Judge Marcel Livaudais Date Signed: 2/5/97 (sw) Modified on 06/13/1997 (Entered: 02/05/1997)

Feb. 3, 1997

Feb. 3, 1997

44

Letter to court from movant Gwendolyn Aleman dated 4/1/97 in re: objection to settlement. (gw) (Entered: 04/04/1997)

April 2, 1997

April 2, 1997

45

Letter to court from movant Shawanda Harris in re objection to settlement. (jh) (Entered: 04/14/1997)

April 4, 1997

April 4, 1997

46

Letter to court dated 4/10/97 from John Weeks, II. (sup) (Entered: 04/16/1997)

April 14, 1997

April 14, 1997

47

Response by plaintiff USA to claimants' objections to the parties' relief determinations (tbl) (Entered: 04/25/1997)

April 22, 1997

April 22, 1997

48

PROCEEDING: Hrg held on mtn by dft Thomas P Mabile for individual relief; witness sworn & testified; ruling (1) a to objection by Gwendolyn Aleman-denied, no appearance, abandoned; (2) as to claim by Shawanda Harris-denied; court recess by Judge Marcel Livaudais (sw) (Entered: 05/05/1997)

May 1, 1997

May 1, 1997

Case Details

State / Territory: Louisiana

Case Type(s):

Equal Employment

Key Dates

Filing Date: Nov. 15, 1994

Closing Date: May 1, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States, on behalf of females who were denied hire

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

Assumption Parish (New Orleans, Assumption), County

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:

Unknown

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Pattern or Practice

Discrimination-area:

Hiring

Discrimination-basis:

Sex discrimination

Affected Gender:

Female