Case: United States v. Palm Beach Gardens

9:93-cv-08654 | U.S. District Court for the Southern District of Florida

Filed Date: Nov. 7, 1993

Clearinghouse coding complete

Case Summary

On November 7, 1993, the U.S. Department of Justice filed a lawsuit under Title VII against the City of Palm Beach Gardens in the U.S. District Court for the Southern District of Florida alleging employment discrimination based on race. On August 04, 1995, the U.S. and the defendant agreed to enter into a consent decree, which was entered by the district court (Judge Daniel T. K. Hurley).

We have no further information on this case. The case closed on August, 4, 1995.

Summary Authors

Dana Schwarz (11/19/2007)

People


Judge(s)

Graham, Donald L. (Florida)

Hurley, Daniel T. K. (Florida)

Lynch, Frank J. Jr. (Florida)

Snow, Lurana S. (Florida)

Attorneys(s) for Plaintiff

Hack, Elizabeth (District of Columbia)

Lopez, P. David (District of Columbia)

Mellinger, David I (Florida)

Ugelow, Richard S (District of Columbia)

Ward, Larry G. (District of Columbia)

Attorneys(s) for Defendant

Acton, David Arthur (Florida)

Judge(s)

Graham, Donald L. (Florida)

Hurley, Daniel T. K. (Florida)

Lynch, Frank J. Jr. (Florida)

Snow, Lurana S. (Florida)

Attorneys(s) for Plaintiff

Hack, Elizabeth (District of Columbia)

Lopez, P. David (District of Columbia)

Mellinger, David I (Florida)

Ugelow, Richard S (District of Columbia)

Ward, Larry G. (District of Columbia)

Attorneys(s) for Defendant

Acton, David Arthur (Florida)

Baird, Thomas J (Florida)

Hogg, Jesse Stephen (Florida)

McAuliffe, Michael Francis (Florida)

Newman, Scott Barry (Florida)

Wallace, Carole Joan (Florida)

Documents in the Clearinghouse

Document

Docket (PACER)

U.S. v. Palm Beach Gardens

July 20, 1999 Docket

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed; LSS, A-7 (Former Deputy Clerk) (Entered: 12/08/1993)

Dec. 7, 1993
2

Civil Action Certification, by United States Attorney. (Former Deputy Clerk) (Entered: 12/08/1993)

Dec. 7, 1993
3

SUMMONS issued as to Jesse Hogg (Former Deputy Clerk) (Entered: 12/08/1993)

Dec. 7, 1993
4

SUMMONS issued for City of Palm Beach Gardens (Former Deputy Clerk) (Entered: 12/08/1993)

Dec. 7, 1993
5

SUMMONS issued for Palm Beach Gardens Police Dept. (Former Deputy Clerk) (Entered: 12/08/1993)

Dec. 7, 1993
6

NOTICE of Pendency of Other Action (91-8461-CV-Graham, 91-8460- CV-Graham. by United States (dp, Deputy Clerk) (Entered: 12/09/1993)

Dec. 8, 1993
7

MOTION by Palm Beach Gardens, Palm Beach Police to extend time to respond to the complaint (Former Deputy Clerk) (Entered: 12/29/1993)

Dec. 28, 1993
8

ANSWER to Complaint by Palm Beach Gardens (Attorney Jesse Stephen Hogg), (dp, Deputy Clerk) (Entered: 01/11/1994)

Jan. 10, 1994
9

NOTICE of attorney appearance for Palm Beach Gardens, Palm Beach Police by David Arthur Acton (dp, Deputy Clerk) (Entered: 01/25/1994)

Jan. 24, 1994
10

ORDER granting [7-1] motion to extend time to respond to the complaint ( signed by Judge Jose A. Gonzalez Jr. on 1/24/94) CCAP (dp, Deputy Clerk) (Entered: 01/25/1994)

Jan. 24, 1994
11

NOTICE of attorney appearance for Palm Beach Gardens, Palm Beach Police by David A. Acton (cg, Deputy Clerk) (Entered: 01/28/1994)

Jan. 26, 1994
12

MOTION by Palm Beach Gardens, Palm Beach Police to substitute Attorney Thoms Baird and David Acton for Hogg Allen Norton & Blue (dp, Deputy Clerk) (Entered: 02/02/1994)

Jan. 31, 1994
12

ORDER granting [12-1] motion to substitute Attorney Thoms Baird and David Acton for Hogg Allen Norton & Blue terminated attorney Jesse Stephen Hogg for Palm Beach Gardens Added Thomas J. Baird ( signed by Judge Jose A. Gonzalez Jr. on 1/31/94) CCAP (dp, Deputy Clerk) (Entered: 02/02/1994)

Jan. 31, 1994
13

ORDER, transferring case to Judge Donald L. Graham (accepted 2/1/94) ( signed by Judge Jose A. Gonzalez Jr. on 1/31/94) CCAP (dp, Deputy Clerk) (Entered: 02/08/1994)

Feb. 2, 1994
14

ORDER, vacating acceptance of case No. 93-8654-CIV-JAG ( signed by Judge Donald L. Graham on 3/21/94) CCAP (sl, Deputy Clerk) (Entered: 03/29/1994)

March 21, 1994

CASE reassigned to Judge Jose A. Gonzalez Jr. (sl, Deputy Clerk) (Entered: 03/29/1994)

March 21, 1994
16

JOINT MOTION by United States, Palm Beach Gardens, Palm Beach Police to extend time for filing discovery schedule (dp, Deputy Clerk) (Entered: 05/02/1994)

April 21, 1994
15

ORDER, transferring case to Judge Daniel Hurley ( signed by Judge Jose A. Gonzalez Jr. on 4/26/94) CCAP (dp, Deputy Clerk) Modified on 05/03/1994 (Entered: 04/29/1994)

April 26, 1994

CASE reassigned to Judge Daniel T. K. Hurley (dp, Deputy Clerk) (Entered: 04/29/1994)

April 26, 1994
27

MOTION by Palm Beach Gardens to dismiss Police Department of the City of Palm Beach Gardens [Clerk's note: this pleading was filed in Miami and not received in the West Palm Beach office until after receipt of the Stipulation of Dismissal of Defendant Police Department] (Former Deputy Clerk) (Entered: 07/12/1994)

April 28, 1994
17

MOTION by Palm Beach Gardens for mediation (Former Deputy Clerk) (Entered: 05/11/1994)

May 2, 1994
18

ORDER granting [16-1] joint motion to extend time for filing discovery schedule, resetting discovery due for 4/22/94 (signed by Judge Jose A. Gonzalez Jr. on 5/3/94, nunc pro tunc) CCAP (Former Deputy Clerk) (Entered: 05/11/1994)

May 3, 1994
19

Joint Discovery Plan of United States, Palm Beach Gardens, Palm Beach Police (Former Deputy Clerk) (Entered: 05/16/1994)

May 6, 1994
20

JOINT MOTION by United States, Palm Beach Gardens to bifurcate for trial the issues of liability and individual relief (Former Deputy Clerk) (Entered: 05/16/1994)

May 6, 1994
21

MOTION by United States to extend time to 5/20/94 to respond to motion to dismiss Palm Beach Gardens' police department as a party (Former Deputy Clerk) (Entered: 06/07/1994)

May 13, 1994
22

ORDER granting [21-1] motion to extend time to 5/20/94 to respond to motion to dismiss Palm Beach Gardens' police department as a party (signed by Judge Daniel T. K. Hurley on 5/18/94) CCAP (Former Deputy Clerk) (Entered: 06/15/1994)

May 18, 1994
24

ORDER approving [23-1] dismiss/dismissal stipulation, and dismissing from this action with prejudice The Palm Beach Gardens Police Department (signed by Judge Daniel T. K. Hurley on 6/2/94) CCAP (Former Deputy Clerk) (Entered: 06/15/1994)

June 2, 1994
25

ORDER granting [20-1] joint motion to bifurcate for trial the issues of liability and individual relief and bifurcating trial into two stages with liability and general injunctive relief issue to be held first (signed by Judge Daniel T. K. Hurley on 6/7/94) CCAP (Former Deputy Clerk) (Entered: 06/15/1994)

June 7, 1994
26

Initial Disclosure Statement in accordance with Rule 26(a)(1) of the Federal Rules of Civil Procedure: by Palm Beach Gardens (Former Deputy Clerk) (Entered: 07/12/1994)

June 23, 1994
28

JOINT MOTION by Palm Beach Gardens, United States for stay of discovery proceedings (Former Deputy Clerk) (Entered: 08/05/1994)

July 28, 1994
29

ORDER granting [28-1] joint motion for stay of discovery proceedings, staying action for 90 days , and setting Status report due within 60 days (by 10/24/94) (signed by Judge Daniel T. K. Hurley on 8/25/94) CCAP (Former Deputy Clerk) (Entered: 08/29/1994)

Aug. 25, 1994
30

ORDER OF REFERRAL TO UNITED STATES MAGISTRATE JUDGE REFERRING PRETRIAL DISCOVERY MATTERS, and all motions that relate directly to these motions, for disposition to Magistrate Judge Frank J. Lynch and directing clerk to change magistrate identification from Magistrate Judge Snow to Magistrate Judge Lynch pursuant to administrative order 94-24 (Signed by Judge Daniel T. K. Hurley on 9/13/94) CCAP (Former Deputy Clerk) (Entered: 09/28/1994)

Sept. 13, 1994

Magistrate identification: Magistrate Judge Frank J. Lynch (Former Deputy Clerk) (Entered: 09/28/1994)

Sept. 13, 1994
31

Joint STATUS REPORT by United States, Palm Beach Gardens (Former Deputy Clerk) (Entered: 10/26/1994)

Oct. 24, 1994
32

JOINT STATUS REPORT by United States and Palm Beach Gardens (sg, Deputy Clerk) (Entered: 12/05/1994)

Nov. 29, 1994
33

JOINT MOTION by United States, Palm Beach Gardens for fairness hearing and provisional entry of consent decree (sg, Deputy Clerk) (Entered: 12/28/1994)

Dec. 23, 1994
34

MEMORANDUM by United States in support of [33-1] motion for fairness hearing and provisional entry of consent decree (sg, Deputy Clerk) (Entered: 12/28/1994)

Dec. 23, 1994
35

ORDER, for both parties to appear at a calendar call set for 1:30 pm on 3/3/95 before Judge Daniel T. K. Hurley for the purpose of scheduling a fairness hearing (signed by Judge Daniel T. K. Hurley on 1/7/95) CCAP (sg, Deputy Clerk) (Entered: 01/11/1995)

Jan. 7, 1995
36

ORDER granting [33-1] motion for fairness hearing and provisional entry of consent decree (signed by Judge T. K. Hurley on 1/7/95) CCAP (sg, Deputy Clerk) (Entered: 02/07/1995)

Jan. 7, 1995
37

ORDER granting [33-1] motion for fairness hearing and provisional entry of consent decree (signed by Judge Daniel T. K. Hurley on 2/3/95) CCAP (sg, Deputy Clerk) (Entered: 02/07/1995)

Feb. 3, 1995
38

ORDER denying as moot [17-1] motion for mediation (signed by Judge Daniel T. K. Hurley on 2/3/95) CCAP (sg, Deputy Clerk) (Entered: 02/07/1995)

Feb. 3, 1995
39

NOTICE of attorney appearance Elizabeth I. Hack for United States (sg, Deputy Clerk) (Entered: 03/14/1995)

March 13, 1995
40

ORDER, Setting hearing before Judge Daniel T. K. Hurley on 7/24/95 at 8:30 am to allow interested persons to comment on the fairness of the proposed Consent Decree (signed by Judge Daniel T. K. Hurley on 4/3/95) CCAP (sg, Deputy Clerk) (Entered: 04/06/1995)

April 3, 1995
41

NOTICE of appearance by Larry G. Ward as attorney of record for plaintiff United States (Former Deputy Clerk) (Entered: 04/24/1995)

April 18, 1995
42

ORDER Resetting Fairness Hearing for 7/31/95 at 8:30 am (signed by Judge Daniel T. K. Hurley on 5/15/95) (sg, Deputy Clerk) (Entered: 05/19/1995)

May 15, 1995
43

ORDER entering proposed consent decree (see order for further details) (signed by Judge Daniel T. K. Hurley on 8/4/95) CCAP/M (Former Deputy Clerk) Modified on 08/09/1995 (Entered: 08/09/1995)

Aug. 4, 1995

Case closed (Former Deputy Clerk) Modified on 08/09/1995 (Entered: 08/09/1995)

Aug. 4, 1995
44

JOINT MOTION by Palm Beach Gardens, United States for Fairness Hearing (Former Deputy Clerk) (Entered: 08/15/1997)

Aug. 14, 1997
45

MEMORANDUM by Palm Beach Gardens, United States in support of [44-1] joint motion for Fairness Hearing (Former Deputy Clerk) (Entered: 08/15/1997)

Aug. 14, 1997
46

ORDER Referring Motion(s) [44-1] joint motion for Fairness Hearing referred to Magistrate Frank J. Lynch for report and recommnedation (signed by Judge Daniel T. K. Hurley on 12/18/97) (Former Deputy Clerk) (Entered: 12/19/1997)

Dec. 18, 1997
47

ORDER granting [44-1] joint motion for Fairness Hearing. Hearing set for 3/25/98 at l0:00 AM before Magistrate Lynch (signed by Magistrate Frank J. Lynch on 1/9/98) CCAP (Former Deputy Clerk) (Entered: 01/15/1998)

Jan. 9, 1998
48

RESPONSE by United States to objections filed by claimants prior to the scheduled "back-end" Fiarness hearing set by [47-1] order (Former Deputy Clerk) (Entered: 03/19/1998)

March 18, 1998
49

Minutes of Fairness hearing held before Magistrate Frank J. Lynch on 3/25/98; (Former Deputy Clerk) (Entered: 03/27/1998)

March 25, 1998
50

Courts Exhibit list (Former Deputy Clerk) (Entered: 03/27/1998)

March 25, 1998
53

EXHIBITS to Case: for United States (Former Deputy Clerk) (Entered: 05/13/1998)

March 25, 1998
51

Transcript filed re: Fairness Hearing Date: 3/25/98 Before Judge: Frank J. Lynch, Jr. Volume No.: I Number of pages: 1-51 (Former Deputy Clerk) (Entered: 04/16/1998)

April 13, 1998
52

NOTICE of objections to recommendations, by Althea V. Williams (Former Deputy Clerk) (Entered: 04/21/1998)

April 20, 1998
54

REPORT AND RECOMMENDATIONS of Magistrate Frank J. Lynch recommending that [44-1] joint motion for Fairness Hearing be granted. Hearing held on 5/25/98. Accordingly, this Court finds that the proposed settlement is fair to all affected parties and this Court recommends to the District Court that the proposed settlement submitted by the defendants be approved and entered herein. The parties shall have l0 days from the date of this order to file objections Motion no longer referred. Signed on: 5/8/98 Objections to R and R due by 5/18/98 CCAP (Former Deputy Clerk) (Entered: 05/13/1998)

May 8, 1998
55

ORDER adopting [54-1] report and recommendations. The proposed settlement submitted by the United Stats and the City of Palm Beach Gardens is hereby approved and adopted by the court. The Clerk of the Court is request to designated this case closed and to terminate any motions not pending as moot (Signed by Judge Daniel T. K. Hurley on 6/10/98) CCAP (Former Deputy Clerk) (Entered: 06/16/1998)

June 10, 1998
56

VERIFIED MOTION by Palm Beach Gardens for Scott Barry Newman to appear pro hac vice (Former Deputy Clerk) Modified on 06/15/1999 (Entered: 06/15/1999)

June 14, 1999

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 710542 (Former Deputy Clerk) (Entered: 06/15/1999)

June 14, 1999
57

ORDER ON MOTION FOR ADMISSION PRO HAC VICE:ORDER granting [56-1] motion for Scott Barry Newman to appear pro hac vice (Signed by Judge Daniel T. K. Hurley 6/20/99) CCAP [EOD Date: 6/21/99] (Former Deputy Clerk) (Entered: 06/21/1999)

June 21, 1999
58

JOINT MOTION by Palm Beach Gardens, United States to dismiss consent decree (at, Deputy Clerk) (Entered: 07/21/1999)

July 16, 1999
59

NOTICE of Filing Appendix by Palm Beach Gardens (at, Deputy Clerk) (Entered: 07/21/1999)

July 19, 1999
60

ORDER ON JOINT MOTION TO DISMISS CONSENT DECREE:ORDER granting [58-1] motion to dismiss consent decree ( Signed by Judge Daniel T. K. Hurley on 7/19/99) CCAP [EOD Date: 7/21/99] (Former Deputy Clerk) (Entered: 07/21/1999)

July 20, 1999

State / Territory: Florida

Case Type(s):

Equal Employment

Key Dates

Filing Date: Nov. 7, 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf of employees allegedly discriminated against on the basis of race

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

City of Palm Beach Gardens (Palm Beach Gardens), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1998 - 1999

Issues

Discrimination-basis:

Race discrimination

Race:

Race, unspecified