Case: United States v. Nassau County Police Department

9:77-cv-01881 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 21, 1977

Clearinghouse coding complete

Case Summary

Prior to 1974, the Nassau County Police Department (NCPD) had separate job classifications for male and female police officers, and fewer than 1% of uniformed positions were filled by policewomen. By 1974, the height, weight, age, physical agility, and educational requirements were the same for men and women. Consequently, the height, weight, and agility requirements had a disproportionate impact on women. Furthermore, a written exam administered to all applicants screened out over 90% of Black…

Prior to 1974, the Nassau County Police Department (NCPD) had separate job classifications for male and female police officers, and fewer than 1% of uniformed positions were filled by policewomen. By 1974, the height, weight, age, physical agility, and educational requirements were the same for men and women. Consequently, the height, weight, and agility requirements had a disproportionate impact on women. Furthermore, a written exam administered to all applicants screened out over 90% of Black and Hispanic-surnamed applicants but only slightly more than half of white applicants. Recruitment and promotions were similarly affected by sex, race, and national origin bias.

As a result, the National Organization of Women brought charges of sex discrimination on behalf of two white women who sought employment with, but were not hired by, the NCPD. The Equal Employment Opportunity Commission (EEOC) determined that the NCPD discriminated against women as a class in its hiring, testing, and promotion practices and referred this case to the Department of Justice.

On September 21, 1977, the Department of Justice thus filed this suit under Title VII 42 U.S.C. § 1983 et seq. in the United States District Court for the Eastern District of New York against the NCPD after it found cause to charge the NCPD with discrimination on the basis of sex, race, and national origin in its recruitment, testing, hiring, and promotion practices.

Documents dated prior to April 27, 1982 are unavailable. Two companion lawsuits, White v. Nassau County Police Department and United States v. Nassau County, were filed in 1982. The former suit also involved the National Organization of Women.

On April 21, 1982, after more than four years of substantial discovery and litigation, the United States and Nassau County entered into a consent decree in which Nassau County agreed to provide remedial relief for Black, Latinx, and female applicants to ensure that applicants of these identities would be considered for employment on an equal basis with other applicants and to remedy the "present effects of the County's alleged prior discriminatory employment practices." The settlement required Nassau County, inter alia, to take certain steps regarding its selection, qualification, recruitment, and appointment of officers so that female applicants would be considered for employment on an equal basis as male applicants. Further, the consent decree required Nassau County to provide remedial relief to certain female applicants who had taken the 1972 examination as part of their application. Relief also included back pay, appointment for those who had successfully completed training, and retroactively applied seniority.

The White Decree, entered during August of 1982, further ordered Nassau County to refrain from engaging in gender discrimination or retaliation, pay class member stipulated sums, and reinstate one of the plaintiffs who had been denied extended maternity leave.

In 1983, the NCPD adopted a new written police officer examination developed by the Educational Testing Service (ETS). Regardless of whether the exam results were ordered by rank or filtered on a pass-fail basis, the exam was found to have an adverse impact on Black and Latinx applicants. Specifically, while 20.2% of all applicants were Black and 13.7% were Latinx, only three (1.5%) and five (2.5%) of the 198 test takers that qualified for the next hiring round were Black and Latinx, respectively. The United States thus contended that the exam lacked validity because it failed to measure the cognitive abilities it was allegedly designed to measure.

As a result of this subsequent action, Nassau County and the United States entered into a settlement, which resulted in broader minority hiring as well as the abandonment of the ETS exam by the NCPD, neighboring Suffolk County PD, and other police departments around the country that used the same or a similar exam.

On May 22, 1990, three white males who took the 1987 police officer examination moved to intervene as plaintiffs in the suit. Under the rescoring method proposed in the parties' earlier consent decrees, the men received significantly lower scores. The prospective intervenors requested relief in the form of sustaining their original scores or assuring them of appointment. In denying the motion to intervene as plaintiffs, the court noted that the prospective intervenors should have been aware that this case implicated their interests since 1987, when Nassau County was unable to hire from the 1987 test. The court noted that the prejudice to the petitioners by the denial of the intervention, but reasoned that the prejudice to them was far outweighed by the prejudice to the existing parties. The court found that granting the motion would put the negotiated settlement at risk and lead to substantial delay in settling the claims of the parties and enabling Nassau County to hire police officers. 1990 WL 145596. Also on May 22, 1990, the court approved a consent order.

The case was reopened and reassigned to Judge Joanna Seybert on July 26, 2002. On the same day, a motion to compel the defendants to comply with the terms of both consent decrees was brought before the court on behalf of beneficiaries of both decrees. The claims were barred by New York's six year statute of limitations. Since it had been eighteen or more years ago, a presumption of laches existed and the burden was on the plaintiff to prove why the laches defense should not apply. The court ruled that the plaintiff's delay in seeking benefits required by the White Decree was unreasonable and inexcusable. On July 20, 2004, the court found that the claims of the U.S. plaintiffs were ripe for review and that the claims of all of the plaintiffs were barred by the equitable doctrine of laches and denied the motion to compel.

On August 11, 2004, the court allowed the defendant the ability to use the current list of eligible officers for promotion to the rank of sergeant in the NCPD to ensure officers for promotion if need be before a new examination could be administered. On October 25, 2005, the list for promotion of the rank of sergeant generated by the January 31, 1999 examination was ordered by the court to be expired on the basis that Nassau County had established an eligible list of officers for the promotion to the rank of sergeant based on the results of the April 2005 examination.

On March 30, 2006, the court held that the plaintiffs' arguments were without merit on the grounds of laches.

From 2008 and onward, activity concerning the case related to gradual extensions of the consent decree's use of the list of eligible officers. On December 9, 2019, the parties entered into a confidentiality stipulation that made confidential certain information about persons about whom the litigation was concerned.

As of September 26, 2021, there is no reason to believe the case is ongoing.

Summary Authors

Joshua Arocho (7/17/2012)

Matthew Feng (9/26/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6968450/parties/united-states-v-nassau-county/


Judge(s)

Boyle, E. Thomas (New York)

Mishler, Jacob (New York)

Seybert, Joanna (New York)

Attorneys(s) for Plaintiff

Colaizzi, Roger A. (District of Columbia)

Fox, Tatum J. (New York)

Gadzichowski, John M. (District of Columbia)

Geller, Clare F (District of Columbia)

Lee, Victoria (District of Columbia)

Levi, Edward H. (District of Columbia)

Marshall, Melissa (District of Columbia)

Judge(s)

Boyle, E. Thomas (New York)

Mishler, Jacob (New York)

Seybert, Joanna (New York)

Attorneys(s) for Plaintiff

Colaizzi, Roger A. (District of Columbia)

Fox, Tatum J. (New York)

Gadzichowski, John M. (District of Columbia)

Geller, Clare F (District of Columbia)

Lee, Victoria (District of Columbia)

Levi, Edward H. (District of Columbia)

Marshall, Melissa (District of Columbia)

Pottinger, J. Stanley (District of Columbia)

Rose, David L. (District of Columbia)

Trager, David G. (New York)

Ward, Larry G. (District of Columbia)

Wilgus Null, Taryn C. (District of Columbia)

Attorneys(s) for Defendant

Axelrod, Michael Charles (New York)

Greenberg, Harry (New York)

Slavin, L. Susan Scelzo (New York)

Tokarski, Susan M (New York)

Other Attorney(s)

Robinson, William L. (District of Columbia)

Seymour, Richard Talbot (District of Columbia)

Shulman, Max R. (New York)

Documents in the Clearinghouse

Document

9:77-cv-01881

Docket [PACER]

United States v Nassau County Police Department

Dec. 18, 2019

Dec. 18, 2019

Docket

Civil Service Examination Announcement

United States v. Nassau County

No Court

Dec. 13, 1971

Dec. 13, 1971

Press Release

9:77-cv-01881

76-01869

Affidavit of Melissa P. Marshall

United States v Nassau County

Aug. 16, 1983

Aug. 16, 1983

Declaration/Affidavit

9:77-cv-01881

76-01869

Memorandum of Plaintiff United States in Opposition the Motion of Virginia O'Halpin, et al., to Intervene as Plaintiff

United States v. Nassau County

Aug. 16, 1983

Aug. 16, 1983

Pleading / Motion / Brief

9:77-cv-01881

76-01869

Memorandum of Decision and Order [Denying Motion to Intervene]

United States v. Nassau County

Sept. 19, 1983

Sept. 19, 1983

Order/Opinion

9:77-cv-01881

76-01869

Memorandum of Plaintiff United States in Opposition the Motion of Virginia O'Halpin, et al., for Reargument

United States v. Nassau County

Oct. 21, 1983

Oct. 21, 1983

Pleading / Motion / Brief

9:77-cv-01881

Interrogatories of Plaintiff United States to the Nassau County Defendants [With Request for Production of Documents Attached]

United States v. Nassau County

June 21, 1984

June 21, 1984

Pleading / Motion / Brief

9:77-cv-01881

Second Set of Interrogatories of Plaintiff United States to the Nassau County Defendants

United States v. Nassau County

Oct. 2, 1984

Oct. 2, 1984

Pleading / Motion / Brief

9:77-cv-01881

Response of Plaintiff United States to the Nassau County Defendants' First Request for Admission by Plaintiff [With Attached Affidavit]

United States v. Nassau County

May 22, 1985

May 22, 1985

Pleading / Motion / Brief

9:77-cv-01881

Answers of Plaintiff United States to the Nassau County Defendants' Set of Interrogatories Accompanying First Request for Admission

United States v. Nassau County

May 22, 1985

May 22, 1985

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6968450/united-states-v-nassau-county/

Last updated Aug. 2, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link

REFER TO MANUAL DOCKET FOR PRIOR ENTRIES Documents 1−392. (Valle, Christine) (Entered: 08/16/2002)

Sept. 21, 1977

Sept. 21, 1977

REFER TO MANUAL DOCKET FOR PRIOR ENTRIES Documents 1-392. (Valle, Christine)

Sept. 21, 1977

Sept. 21, 1977

PACER

Please refer to paper docket for entries 1-392. (Valle, Christine)

Sept. 21, 1977

Sept. 21, 1977

PACER

Please refer to paper docket for entries 1−392. (Valle, Christine) (Entered: 08/16/2002)

Sept. 21, 1977

Sept. 21, 1977

Case closed (Valle, Christine) (Entered: 08/16/2002)

April 27, 1982

April 27, 1982

Case closed (Valle, Christine)

April 27, 1982

April 27, 1982

PACER

CASE reassigned to Judge Frank X. Altimari (Valle, Christine)

May 17, 1983

May 17, 1983

PACER

CASE reassigned to Judge Frank X. Altimari (Valle, Christine) (Entered: 08/16/2002)

May 17, 1983

May 17, 1983

393

LETTER dated 8/24/83 from Warren 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)

Aug. 24, 1983

Aug. 24, 1983

PACER

CASE reassigned to Senior Judge Jacob Mishler (Valle, Christine)

Jan. 31, 1990

Jan. 31, 1990

PACER
394

LETTER dated 3/22/90 from Harry Greenberg to Judge Mishler RE: Today I was informed by your Law Secretary that the hearing is now scheduled for 3/29/90. (Valle, Christine) (Entered: 08/16/2002)

March 22, 1990

March 22, 1990

PACER
395

LETTER dated 3/23/90 from Harry Greenberg to Judge Mishler RE: All counsel have now agreed to be present for the hearing on 3/28/90. (Valle, Christine) (Entered: 08/16/2002)

March 23, 1990

March 23, 1990

PACER
396

MEMORANDUM IN RESPONSE by United States to the motion of Anderson et. al. to intervene. (Valle, Christine) (Entered: 08/16/2002)

May 22, 1990

May 22, 1990

PACER
397

ORDER - The Court approves and enters the consent order between pltff USA and dfts Nassau County et. al. executed on 4/16/90 and the consent order between the Guardians pltffs and dft Nassau County et. al. executed on 4/25/90 . (Signed by Senior Judge Jacob Mishler, on 5/22/90) (Valle, Christine) (Entered: 08/16/2002)

May 22, 1990

May 22, 1990

PACER
398

LETTER dated 5/13/93 from William H. Pauley III to Judge Mishler RE: On behalf of all counsel, here is a proposed supplemental consent order which modifies certain provisions of the consent order entered in this action on 5/22/90. (Valle, Christine) (Entered: 08/16/2002)

May 13, 1993

May 13, 1993

PACER

CASE reassigned to Judge Joanna Seybert (Valle, Christine)

July 26, 2002

July 26, 2002

PACER

Case reopened (Valle, Christine)

July 26, 2002

July 26, 2002

PACER
399

AFFIDAVIT OF SERVICE - Copy of Order to Show Cause with supporting affirmation and memorandum of law served upon Nassau County Attorney and John M. Gadzichowski, Esq. via UPS overnight delivery on 7/26/02. (Valle, Christine) (Entered: 08/16/2002)

July 31, 2002

July 31, 2002

PACER

Show cause hearing held (Valle, Christine)

Oct. 11, 2002

Oct. 11, 2002

PACER
400

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)

Oct. 11, 2002

Oct. 11, 2002

PACER
401

TRANSCRIPT OF ORDER TO SHOW CAUSE before Judge Joanna Seybert filed for date of 10/11/02 at 10:30AM; Court Reporter: Owen Wicker. (Valle, Christine) (Entered: 01/06/2003)

Dec. 17, 2002

Dec. 17, 2002

PACER
402

ORDER - Pending before the Court is a motion to compel the dfts in this action to comply with the terms of the Consent Decree. 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)

Dec. 17, 2002

Dec. 17, 2002

PACER
403

NOTICE OF APPEAL by Kathleen Brennan, Susan J. Giannone, Esther Lidstrom, Jean Marcovecchio, Michele Meyer, Lorraine McIntyre, Ellen Stein, Barbara Stemmle, Doreen Triola, Kathleen Vedder Fee Paid $ 105.00 Receipt # 8420 [402-1] 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)

Jan. 14, 2003

Jan. 14, 2003

PACER
404

USCA Scheduling Order: [403-1] appeal USCA Number: 03-6009 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)

April 22, 2003

April 22, 2003

PACER

DESIGNATION of Record on Appeal re 403 Notice of Appeal forwarded to USCA including: original and 3 copies of the index to the record on appeal, clerk certificate and certified copy of docket sheet. USCA# 03-6009. (Duong, Susan)

May 16, 2003

May 16, 2003

PACER
405

USCA Acknowledgment received: index to the record on appeal. USCA# 03-6009(LEAD). (Duong, Susan) (Entered: 06/02/2003)

June 2, 2003

June 2, 2003

PACER
407

FAX RECEIPT for Order to Show Cause; To: Damon Levenstein from Bonnie Nohs, Secretary to The Honorable Joanna Seybert, dated 7/11/03 re: the attached Order to Show Cause by defts County of Nassau, Nassau County Civil Service Commission and the Commissioner of the Nassau County Police Department.(Fagan, Linda) (Entered: 07/22/2003)

July 11, 2003

July 11, 2003

PACER
408

ORDER TO SHOW CAUSE by defts County of Nassau, Nasau County Civil Service Commission and the Commissioner of the Nssau County Police Department for entry of an Order to extend until the earlier of (1) 4/15/04, or (b) the certification of a new eligible list, the current list of candidates eligible for appointment as police officers in Nassau County. Show Cause Hearing set for 7/14/03 at 2:00 p.m. before Judge Joanna Seybert.( Signed by Judge Joanna Seybert on 7/11/03.) c-faxed (Fagan, Linda) (Entered: 07/22/2003)

July 11, 2003

July 11, 2003

PACER
409

Declaration of Chief James Russo in Support re 408 Order to Show Cause, filed by Nassau County, Nassau County Civil Service Commission and the Commissioner of the Nassau County Police Department. (Fagan, Linda) (Entered: 07/22/2003)

July 11, 2003

July 11, 2003

PACER
406

ORDER; Nassau County, the Nassau County Civil Service Commission, the Nassau County Commissioner of Police, the Nassau County Police Department, and the local police departments in Nassau County which rely on the results of the 1994 Examinatin as part of the process for the selection and appointment of candidates to the rank of Police Officer, may continue to use the Current List in accord with the provisions of the Consent Decree and the Consent Order issued 9/22/95, until the earlier of (1) 4/15/04, or (2) the establishment of a new elegible list of candidates for appointment to the rank of Police Officer in the Department.( Signed by Judge Joanna Seybert on 7/14/03. ) (Fagan, Linda) (Entered: 07/22/2003)

July 14, 2003

July 14, 2003

PACER
410

Minute Entry for proceedings held before Joanna Seybert: Civil Cause for Order to Show Cause Hearing held on 7/14/2003 at 2:00PM. Case called. Counsel for all concerned parties present. Counsel for pltff not present. Argument heard; Application granted. Order issued. Court Reporter: E. Combs. (Valle, Christine) (Entered: 07/25/2003)

July 14, 2003

July 14, 2003

PACER
411

ORDER dtd. 12/19/03: In accordance with decision issued by Second Circuit in this case, the parties are hereby ordered to subit written argument on the issues of l) the equitble doctrine of laches and 2) the ripeness of the claims of the USA plfs. Dfts' papers shall be submitted on/or before 1/26/03. Plfs' shall file opposition papers on/before 2/9/03 and dfts' reply shall be filed on/before 2/16/03. So Ordered. Signed by Judge Joanna Seybert on 12/19/03. (Barhome, Sydelle) (Entered: 01/09/2004)

Dec. 19, 2003

Dec. 19, 2003

PACER
412

Fax Letter dated 1/13/04 from Clare F. Geller to Judge Seybert Re: To request a thirty day extension - from 1/26/04 to 2/26/04 - for the United States to submit its written argument. (Valle, Christine) (Entered: 02/02/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER

ENDORSED ORDER on 412 Letter. Application Granted. Signed by Judge Joanna Seybert on 1/14/04. EOD #412 C/M(Valle, Christine)

Jan. 14, 2004

Jan. 14, 2004

PACER
413

Fax Letter dated 1/16/04 from Clare F. Geller to Judge Seybert Re: I have just been advised by a member of your staff to fax a letter to your Chambers requesting that any decision or proposed order that you may issue in regard to the United States' letter application for an extension of the briefing schedule, be faxed to the attention of John M. Gadzichowski, Deputy Section Chief. (Valle, Christine) (Entered: 02/03/2004)

Jan. 16, 2004

Jan. 16, 2004

PACER
414

ORDER - It is hereby Ordered that this Court's order, dated 12/19/03, setting forth a briefing schedule, is MODIFIED as follows: The United States and Nassau County shall submit written argument on or before 2/26/04. Pltffs and putative pltffs-USA Decree Beneficiaries shall submit written argument on or before 3/26/04. Any reply by the United States and Nassau County shall be filed on or before 4/9/04. Signed by Judge Joanna Seybert on 1/20/04. C/F (Valle, Christine) (Entered: 02/27/2004)

Jan. 20, 2004

Jan. 20, 2004

PACER
415

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)

Feb. 25, 2004

Feb. 25, 2004

PACER

ENDORSED ORDER on 415 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 #415 C/F (Valle, Christine)

Feb. 25, 2004

Feb. 25, 2004

PACER
416

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)

March 3, 2004

March 3, 2004

PACER

ENDORSED ORDER on 416 Letter. Application Granted. Signed by Judge Joanna Seybert on 3/3/04. EOD #416 C/M(Valle, Christine)

March 3, 2004

March 3, 2004

PACER
417

MEMORANDUM IN RESPONSE to Court's 12/19/03 Order, filed by United States of America. (Valle, Christine) (Entered: 04/06/2004)

March 18, 2004

March 18, 2004

PACER
418

CERTIFICATE OF SERVICE by United States of America Re: 417 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)

March 18, 2004

March 18, 2004

PACER
421

MEMORANDUM OF LAW IN RESPONSE to the Court's 12/19/03 Order, filed by Nassau County. (Valle, Christine) (Entered: 04/14/2004)

March 19, 2004

March 19, 2004

PACER
422

DECLARATION of Captain Barbara Green in connection with Nassau County's Memorandum of Law in Response pursuant to the Order dated 12/19/03, filed by Nassau County. (Valle, Christine) (Entered: 04/14/2004)

March 19, 2004

March 19, 2004

PACER
423

DECLARATION of Tatum J. Fox Re: To provide the Court with a true and accurate copy of the Joint Appendix from the United States Court of Appeals for the Second Circuit, filed by Nassau County, Nassau County Patrolmen's Benevolent Association. (Valle, Christine) (Entered: 04/14/2004)

March 19, 2004

March 19, 2004

PACER
419

MANDATE of USCA (certified copy) It is hereby ordered, adjudged and decreed that the order of said District Court be and it hereby is vacated and the case remanded in accordance with the opinion of this Court. Original mandate forwarded to chambers. (Basile, Antonietta) (Entered: 04/07/2004)

March 30, 2004

March 30, 2004

PACER
420

ORDER of USCA dated 3/25/2004: It is ordered that costs shall be taxed against the appellees in favor of the appellants as to 403 Notice of Appeal, filed by Doreen Triola, Ellen Stein, Kathleen Brennan, Susan J. Giannone, Esther Lidstrom, Jean Marcovecchio, Michele Meyer, Lorraine McIntyre, Barbara Stemmle, Kathleen Vedder. Copy of order forwarded to chambers. (Basile, Antonietta) (Entered: 04/07/2004)

March 30, 2004

March 30, 2004

PACER
424

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)

April 2, 2004

April 2, 2004

PACER
425

Letter dated 4/5/04 from Clare F. Geller to Judge Seybert Re: The United States submits this letter in response to the request for discovery "on the merits and the issue of laches" made by counsel for the beneficiaries. The United States opposes this request for the reasons set forth herein. (Valle, Christine) (Entered: 04/21/2004)

April 6, 2004

April 6, 2004

PACER
426

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)

April 7, 2004

April 7, 2004

PACER
432

Letter dtd.4/12/04 from L. Susan Scelzo Slavin to Hon. J. Seybert requesting an opportunity to conduct proper discovery in order to develop a "full factual record" as set forth by the Second Circuit. (Barhome, Sydelle) (Entered: 05/07/2004)

April 13, 2004

April 13, 2004

PACER
427

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)

April 19, 2004

April 19, 2004

PACER
428

MEMORANDUM OF LAW IN RESPONSE TO THE COURT'S 12/19/03 ORDER by Pltffs-Movants. (Valle, Christine) (Entered: 05/04/2004)

April 19, 2004

April 19, 2004

PACER
429

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)

April 19, 2004

April 19, 2004

PACER
430

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)

April 19, 2004

April 19, 2004

PACER

CASE REFERRED to Magistrate Judge E. Thomas Boyle. (Mahon, Cinthia)

April 21, 2004

April 21, 2004

PACER

ENDORSED ORDER re 432 Letter: The plf's request to conduct discovery is hereby referred to Mag. Judge E Thomas Boyle. So Ordered. Signed by Judge Joanna Seybert on 4/21/04. (Barhome, Sydelle)

April 21, 2004

April 21, 2004

PACER
431

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)

April 29, 2004

April 29, 2004

PACER
433

REPLY MEMORANDUM OF PLF UNITED STATES to Plfs-Movants' Memorandum submittted pursuant to the court Order dated December 19, 2003 by United States of America. (Barhome, Sydelle) (Entered: 05/12/2004)

April 30, 2004

April 30, 2004

PACER
434

REPLY MEMORANDUM OF LAW in further Support of 411 Court's Order of 12/19/03 and in support of their opposition to the Order to Show Cause, by Daniel Guido, Gabriel S. Kohn, Nassau County, Nassau County Patrolmen's Benevolent Association, Edward A. Simmons, Edward S. Witanowski. (Barhome, Sydelle) (Entered: 05/18/2004)

May 3, 2004

May 3, 2004

PACER
437

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)

May 12, 2004

May 12, 2004

PACER
438

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)

May 25, 2004

May 25, 2004

PACER
439

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)

May 26, 2004

May 26, 2004

PACER
436

Letter APPLICATION dtd. 5/27/04 from Louis Lopez to Mag. J. Boyle requesting an alternative date for the telephone conference call scheduled for 6/2/04 @11:30. (Barhome, Sydelle) (Entered: 06/22/2004)

May 27, 2004

May 27, 2004

PACER

ENDORSED ORDER re 436 Letter: The telephone conference scheduled for 6/2/04 is adjourned to 6/7/04 @10:30am. So Ordered. Signed by Judge E. Thomas Boyle on 5/27/04. (Barhome, Sydelle)

May 27, 2004

May 27, 2004

PACER
435

TRANSCRIPT OF CONFERENCE Proceedings held on 5/10/04 before Magistrate Judge E. Thomas Boyle. Terry Gribben's Transcription Service; Renette M. Vincelette. (Valle, Christine) (Entered: 06/17/2004)

June 2, 2004

June 2, 2004

PACER
440

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)

June 3, 2004

June 3, 2004

PACER

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)

June 3, 2004

June 3, 2004

PACER

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. ENDORSED ORDER - 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. (Docketed as #485 76cv1869). (Valle, Christine)

July 7, 2004

July 7, 2004

PACER
453

Letter dated 7/13/04 from Marc Andrew Kramer to Clerk of Court Re: Enclosed for filing please find, an Order to Show Cause with attached affirmation of L. Susan Scelzo Slavin; Affidavit of Margaret Cavanagh and Memorandum of Law. (Valle, Christine) (Entered: 08/24/2004)

July 14, 2004

July 14, 2004

PACER
454

PROPOSED ORDER TO SHOW CAUSE - Unsigned by Chambers. (Valle, Christine) (Entered: 08/24/2004)

July 14, 2004

July 14, 2004

PACER
455

AFFIDAVIT of Margaret Cavanagh in Support Re: 454 Proposed Order to Show Cause by Kathleen Brennan, Susan J. Giannone, Esther Lidstrom, Jean Marcovecchio, Lorraine McIntyre, Michele Meyer, Ellen Stein, Barbara Stemmle, Doreen Triola, Kathleen Vedder. (Valle, Christine) (Entered: 08/24/2004)

July 14, 2004

July 14, 2004

PACER
456

MEMORANDUM OF LAW in Support Re: 454 Proposed Order to Show Cause by Kathleen Brennan, Susan J. Giannone, Esther Lidstrom, Jean Marcovecchio, Lorraine McIntyre, Michele Meyer, Ellen Stein, Barbara Stemmle, Doreen Triola, Kathleen Vedder. (Valle, Christine) (Entered: 08/24/2004)

July 14, 2004

July 14, 2004

PACER
452

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)

July 15, 2004

July 15, 2004

PACER

ENDORSED ORDER re 452 granting Letter requesting an extension of the three-page limit for letter motions. Signed by Judge E. Thomas Boyle on 7/15/04. (Dachille, Patti)

July 15, 2004

July 15, 2004

PACER
449

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)

July 16, 2004

July 16, 2004

PACER
450

AFFIRMATION of L. Susan Scelzo Slavin in Support Re: 449 Proposed Order to Show Cause, by Kathleen Brennan, Susan J. Giannone, Esther Lidstrom, Jean Marcovecchio, Lorraine McIntyre, Michele Meyer, Ellen Stein, Barbara Stemmle, Doreen Triola, Kathleen Vedder. (Valle, Christine) (Entered: 08/18/2004)

July 16, 2004

July 16, 2004

PACER
461

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. (Valle, Christine) (Entered: 09/28/2004)

July 16, 2004

July 16, 2004

PACER
462

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)

July 19, 2004

July 19, 2004

PACER
441

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)

July 20, 2004

July 20, 2004

RECAP
470

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)

July 21, 2004

July 21, 2004

PACER
457

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)

July 22, 2004

July 22, 2004

PACER
459

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. (Dachille, Patti) (Entered: 09/20/2004)

July 22, 2004

July 22, 2004

PACER
451

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)

July 23, 2004

July 23, 2004

PACER
463

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)

July 23, 2004

July 23, 2004

PACER
464

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. (Original filed in 76cv1869 as Doc. #506). (Valle, Christine) (Entered: 09/28/2004)

July 23, 2004

July 23, 2004

PACER
465

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)

July 23, 2004

July 23, 2004

PACER
444

MOTION for Reconsideration re 441 Order, finding that the USA Beneficiaries' claims are ripe for review. Filed by Kathleen Brennan, Susan J. Giannone, Esther Lidstrom, Jean Marcovecchio, Lorraine McIntyre, Michele Meyer, Ellen Stein, Barbara Stemmle, Doreen Triola, Kathleen Vedder. (Lopez, Adriana) (Entered: 08/13/2004)

July 28, 2004

July 28, 2004

PACER
445

AFFIDAVIT of Kathleen M. Tole in Support to the 444 MOTION for Reconsideration re 441 Order Filed by Kathleen Brennan, Susan J. Giannone, Esther Lidstrom, Jean Marcovecchio, Lorraine McIntyre, Michele Meyer, Ellen Stein, Barbara Stemmle, Doreen Triola, Kathleen Vedder. (Lopez, Adriana) (Entered: 08/13/2004)

July 29, 2004

July 29, 2004

PACER
446

Minute Entry for proceedings held before Judge Joanna Seybert : Motion Hearing held on 7/29/2004 re: 444 MOTION for Reconsideration re 441 Order. Counsel for all sides present. Argument heard on motion for reconsideration; decision reserved.(Court Reporter M. Steiger.) (Lopez, Adriana) (Entered: 08/13/2004)

July 29, 2004

July 29, 2004

PACER
466

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. (Valle, Christine) (Entered: 09/28/2004)

July 29, 2004

July 29, 2004

PACER
442

NOTICE OF APPEAL as to 441 Order, by Kathleen Brennan, Susan J. Giannone, Esther Lidstrom, Jean Marcovecchio, Lorraine McIntyre, Michele Meyer, 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 sent to USCA. Copy of appeal sent to Chambers. Service made by Clerk. (Duong, Susan) (Entered: 08/03/2004)

Aug. 2, 2004

Aug. 2, 2004

RECAP
443

MOTION for Order to Show Cause by Nassau County. Declaration of Lorna B. Goodman, Declaration of Barbara Green, and Proposed Order annexed. (Fox, Tatum) Modified on 8/18/2004 (Valle, Christine). (Entered: 08/11/2004)

Aug. 11, 2004

Aug. 11, 2004

PACER
467

Letter from Louis Lopez to Judge Seybert dated 8/11/04 Re: Pursuant to the Court's request, we submit this letter expressing the United States' consent with Nassau County's 8/11/04 application.In addition, to waive appearance for the show cause hearing set for 8/13/04. (Valle, Christine) (Entered: 09/29/2004)

Aug. 11, 2004

Aug. 11, 2004

RECAP
447

ORDER DENIES Motion for Reconsideration and REAFRIRMS July 20, 2004 Order. Case remains CLOSED. Signed by Judge Joanna Seybert on 08/13/2004. c/m (Nohs, Bonnie) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

PACER
460

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)

Aug. 13, 2004

Aug. 13, 2004

RECAP
468

Letter from Michael C. Axelrod to Judge Seybert dated 8/12/04 Re: Pursuant to the Court's request, to submit this letter as consent with Nassau County's 8/11/04 application. In addition, to waive appearance for the show cause hearing set for 8/13/04. (Valle, Christine) (Entered: 09/29/2004)

Aug. 13, 2004

Aug. 13, 2004

RECAP
448

ORDER granting in part and denying in part 443 Motion for Order to Show Cause. ORDERED that Nass Co, Nass Co Civil Svc Comm, Nass Co Police Commissioner and Nass Co Police Dept continue to use current list until earlier of 8/17/05 or establishment of new eligible list of candidates for promotion to sergeant; and ORDERED that County ensure new exam is prepared on or before 12/15/04 and report to Court in writing on/before 12/20/04; and ORDERED that County ensure new exam is administered on/before 4/1/05 and report to Court in writing on/before 4/8/05. No further extensions will be granted. Signed by Judge Joanna Seybert on 08/13/2004. c/m (Nohs, Bonnie) (Entered: 08/17/2004)

Aug. 17, 2004

Aug. 17, 2004

PACER
469

PROOF of FAX - Re: Order dated 8/13/04 served upon John Gadzichowski; Harry Greenberg; and Michael Axelrod on 8/18/04 via facsimile by Chambers. (Valle, Christine) (Entered: 09/29/2004)

Aug. 18, 2004

Aug. 18, 2004

PACER
458

NOTICE OF APPEAL as to 447 Order on Motion for Reconsideration by Kathleen Brennan. Appeal Record due by 9/13/2004. (Gapinski, Michele) (Entered: 09/07/2004)

Sept. 7, 2004

Sept. 7, 2004

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 21, 1977

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

The United States on behalf of female, Black, and Hispanic-surnamed applicants to 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

Nassau County Police Department (Nassau), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Hire

Other requirements regarding hiring, promotion, retention

Promotion

Reinstatement

Retroactive Seniority

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Accommodation / Leave

Hiring

Promotion

Testing

Training

Discrimination-basis:

National origin discrimination

Pregnancy discrimination

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

Male

National Origin/Ethnicity:

Hispanic