Case: United States v. New York Transit Authority

United States v. New York City Transit Authority

United States v. New York City Transit Authority

United States v. New York City Transit Authority

United States v. New York City Transit Authority

U.S. Court of Appeals for the Second Circuit

COMPLAINT filed and no summons(es) issued for NYC Transit Authority. (fe) (Entered: 07/27/1993)

ORDER REFERRING CASE to Magistrate Joan M. Azrack () (fe) (Entered: 07/27/1993)

ORDER, set initial conference for 2:30 11/30/93 c/m ( signed by Magistrate Joan M. Azrack ) (fe) (Entered: 08/19/1993)

RETURN OF SERVICE executed as to NYC Transit Authority on 8/10/93. Answer due on 8/30/93 for NYC Transit Authority. (Conte, Daniela) (Entered: 08/19/1993)

STIPULATION dtd 8/26/93, that the defedant's time to answer the complaint is extended to 9/7/93. ( signed by Judge Eugene H. Nickerson ) (Roker, Michelle) (Entered: 08/31/1993)

ANSWER to Complaint by NYC Transit Authority. (Johnson, Lorraine) (Entered: 09/09/1993)

MOTION by NYC Transit Authorit to dismiss pursuant to Rule 12(b)(1) , Motion hearing set for 9:30 12/17/93 [6-1] motion. (Johnson, Lorraine) (Entered: 11/18/1993)

MEMORANDUM by NYC Transit Authorit in support of [6-1] motion to dismiss pursuant to Rule 12(b)(1) as moot so much of the complaint as seeks an injunction directing the defendant to change a personnel policy it had already changed. (Johnson, Lorraine) (Entered: 11/18/1993)

RESPONSE by United States in opposition to [6-1] motion to dismiss pursuant to Rule 12(b)(1) (Johnson, Lorraine) (Entered: 12/15/1993)

SUPPLEMENTAL AFFIDAVIT of Richard Dreyfus, Deputy Executive Ass't General Counsel of defendant NYC Transit Re: in support of motion to dismiss so much of the complaint as seeks an injunction directed to the Authority's former EEO Division policy concerning the processing of internal discrimination complaints. (Johnson, Lorraine) (Entered: 12/16/1993)

REPLY MEMORANDUM OF LAW by NYC Transit Authorit in further support of [6-1] motion to dismiss pursuant to Rule 12(b)(1). (Johnson, Lorraine) (Entered: 12/16/1993)

Calendar entry: Before EHN, Court reporter H. LeGendre. Case called, counsel for all parties present. Motion to dismiss---argued, [6-1] motion to dismiss pursuant to Rule 12(b)(1) taken under advisement. (Johnson, Lorraine) (Entered: 12/30/1993)

NOTICE of United States Dept. of Justice Atty. Maureen T. Dulen in substitution for Steven B. Royster as atty. of record for pltf. in this action. (Vaughn, Terry) (Entered: 02/08/1994)

**Added for United States attorney Maureen T. Dulen. (Vaughn, Terry) (Entered: 02/08/1994)

Calendar entry: Before Mag. Azrack on 2/4/94 at 9:30a.m. Case called. Settlement conference to continue. set settlement conference for 12:00 3/10/94 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 02/07/1994)

TRANSCRIPT of proceedings before Judge Nickerson filed for dates of 12/17/93. (Johnson, Lorraine) (Entered: 02/24/1994)

Calendar entry: Before Mag. Azrack on 3/10/94 at 2:30 for discovery conference. Discovery necessary for summary judgment motion to be conducted by 8/30/94. Plaintiff to make summary judgment motion by 9/30/94. If decide not to make motion plaintiff to contact chambers for a conference date. set discovery due for 8/30/94 (fe) (Entered: 03/14/1994)

COPY OF A LETTER from Ellen Harrison to Mr. Barry reiterating its previous offer of $200.00 as full and final settlement of his claim. (fe) (Entered: 03/14/1994)

MEMO/ORDER dated 3/17/94 that the motion to dismiss as moot the portion of the complaint seeking an injunction preventing the Transit Authority from continuing an allegedly retaliatory policy of investigating discrimination complaints is denied. (signed by Judge Eugene H. Nickerson). (Greves, Liz) (Entered: 03/22/1994)

MOTION by NYC Transit Authority for reargument of deft's original motion for dismissal. Motion hearing set for 4/22/94 [18-1] motion. (Greves, Liz) (Entered: 04/04/1994)

MEMORANDUM by NYC Transit Authority in support of [18-1] motion for reargument of deft's original motion for dismissal. (Greves, Liz) (Entered: 04/04/1994)

MEMORANDUM by United States in opposition to [18-1] motion for reargument of deft's original motion for dismissal. (Asreen, Wendy) (Entered: 04/15/1994)

Deft's Reply Brief in further support of their motion for reargument. (Greves, Liz) (Entered: 04/21/1994)

ORDER denying [18-1] motion for reargument of deft's original motion for dismissal. ( signed by Judge Eugene H. Nickerson, dated May 12, 1994 ) (Asreen, Wendy) (Entered: 05/23/1994)

AMENDED MEMORANDUM AND ORDER dtd 5/27/94 that the dft's motion for reargument of the order issued on 3/17/94 is DENIED. ( signed by Judge Eugene H. Nickerson ). (Yuen, Sui May) (Entered: 06/07/1994)

Rule 3(g) Statement by United States in support of its motion for summary judgment. (Greves, Liz) (Entered: 10/05/1994)

MOTION by United States for summary judgment. Motion hearing set for 9:30 10/28/94 [26-1] motion. (Greves, Liz) (Entered: 10/05/1994)

MEMORANDUM by United States in support of [26-1] motion for summary judgment. (Greves, Liz) (Entered: 10/05/1994)

LETTER dated 10/12/94 from Richard Schoolman to Judge Nickerson Re: requesting an adjournment of the U.S. 's recently filed summary judgment motion from 10/28/94 to 12/2/94. (Vasquez, Liz) (Entered: 10/24/1994)

MEMORANDUM by NYC Transit Authorit in opposition to [26-1] motion for summary judgment. (Vasquez, Liz) (Entered: 11/17/1994)

NOTICE of Cross-Motion by NYC Transit Authorit. Counsel will be heard on 12/2/94 at 9:30 (Vasquez, Liz) (Entered: 11/17/1994)

Deadline updated; Motion hearing set for 9:30 12/2/94 for [26-1] motion for summary judgment. (Vasquez, Liz) (Entered: 11/17/1994)

RESPONSE by United States in opposition to [18-1] motion for reargument of deft's original motion for dismissal. (Vasquez, Liz) (Entered: 11/25/1994)

United States' REPLY to Defendant's opposition to U.S. motion for summary judgment. (Vasquez, Liz) (Entered: 11/30/1994)

MEMORANDUM by NYC Transit Authorit in support of its cross- motion to dismiss the complaint. (Vasquez, Liz) (Entered: 11/30/1994)

United States'reply to defts's opposition to [29-1] opposition memorandum for summary judgment. (Vasquez, Liz) (Entered: 12/01/1994)

Calendar entry: Before Judge Nickerson on 12/2/94 at 9:30a.m. Case called for civil motions. Plaintiff moves for summary judgment. Deft cross moves to dismiss. Case called. Counsel for allparties present. Motion argued. Decision reserved. (Dobkin, David) (Entered: 12/07/1994)

LETTER dated 4/18/95 from Richard Schoolman to Judge Nickerson, Re: Advising of a decision relevant to one of the arguments raised by the Transit Authority in support of its pending cross-motion for summary judgment motion made by the U.S. (see attachment) (Piper, Francine) (Entered: 04/19/1995)

Memorandum and ORDER, dtd 4/21/95 granting govt's [26-1] motion for summary judgment. The Authority's motions to dismiss and for summary judgment are denied. ( signed by Judge Eugene H. Nickerson ) (Vasquez, Liz) (Entered: 05/02/1995)

LETTER dated 4/24/95 from Maureen T. Dulen, Esq., to Judge Nickerson, regarding letter sent to the Court by Richard Schoolman, Counsel for the New York City Transit Authority(NYCTA), on 4/18/95. Government submits this letter in response to the assertions of the NYCTA. (DiTomasso, Mike) (Entered: 05/03/1995)

JUDGMENT, dtd 5/11/95 entered by the Clerk of Court. Ordered and Adjudged that deft's motions to dimiss and for summary judgment are denied; that plaintiff's motion for summary judgment is granted; and, that the deft, is permanently enjoined from reinstating its former policy concerning the investigation and resolution of internally filed discrimination complaints. ( signed by Judge Eugene H. Nickerson). (Appeals package mailed on 5/15/95). (Vasquez, Liz) Modified on 05/15/1995 (Entered: 05/15/1995)

Case closed (Vasquez, Liz) (Entered: 05/15/1995)

MOTION by United States request to tax costs (Jackson, Ramona) (Entered: 05/24/1995)

Declaration of MAUREEN T. DULEN by United States Re:in support [40-1] motion request to tax costs (Jackson, Ramona) (Entered: 05/24/1995)

Bill of costs total $652.40 (Jackson, Ramona) (Entered: 05/24/1995)

Deft's objections to plttf's bill of costs, dtd 5/25/95. (Vasquez, Liz) (Entered: 05/26/1995)

Amendment to United States' Request for the Taxation of Costs. (Vasquez, Liz) (Entered: 06/07/1995)

Costs are hereby taxed in the amount of $ 466.40 for United States. (Signed by James Giokas on 6/16/95). (Vasquez, Liz) (Entered: 06/19/1995)

NOTICE OF APPEAL by NYC Transit Authorit. Fee Paid $ 105.00 Receipt # 173901. Notice of Appeal and certified copy of docket sent appealing [39-1] judgment order, [37-1] order. AFF of service attached. USCA notified. (Gonzalez, Mary) (Entered: 06/29/1995)

Notice of Appeal and certified copy of docket to USCA: [45-1] appeal (Gonzalez, Mary) (Entered: 06/29/1995)

USCA Scheduling Order: [45-1] appeal Appeal record due by 8/28/95 . USCA Number: 95-6155 Appellant's brief due 9/6/95. Appellee's brief due 10/6/95. Argument set for 10/30/95. (McGee, Maryann) (Entered: 08/11/1995)

Certified and transmitted INDEX on appeal to U.S. Court of Appeals: [45-1] appeal. Documents 1-46. Missing documents: 12,16,22 and 42. USCA#95-6155. Acknowledgment requested. (McGee, Maryann) (Entered: 08/15/1995)

MANDATE OF USCA (certified copy) Re: [45-1] appeal. Judgment of District Court is AFFIRMED IN PART, REVERSED IN PART, and REMANDED to the District Court for further proceedings in accordance with the opinion of this court. Issued as Mandate 12/9/96. Acknowledgment returned to USCA. Judge notified via phone and mail, USCA#95-6155. (McGee, Maryann) (Entered: 12/17/1996)

Record on appeal returned to General Files Dept. (McGee, Maryann) (Entered: 03/19/1997)