Case: Taylor v. D.C. Water & Sewer Authority

1:01-cv-00561 | U.S. District Court for the District of District of Columbia

Filed Date: March 16, 2001

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On March 16, 2001, an African-American employee of the District of Columbia Water and Sewer Authority ("WASA") filed this class action lawsuit against WASA on behalf of himself as well as current and former black employees under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the District of Columbia. The plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief and compensatory damages, claiming that the defendant engaged in race discriminat…

On March 16, 2001, an African-American employee of the District of Columbia Water and Sewer Authority ("WASA") filed this class action lawsuit against WASA on behalf of himself as well as current and former black employees under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the District of Columbia. The plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief and compensatory damages, claiming that the defendant engaged in race discrimination through its hiring and promotion practices. Specifically, the plaintiff alleged that in 1996 the defendant adopted an at-will employment system that allowed managers to hire or promote their chosen candidates or to inflate those candidates' scores. With this new system in place, the plaintiff claimed that African-American employees encountered a "glass ceiling" that prevented them from obtaining the same positions as similarly situated white employees and from advancing as rapidly as those employees. The plaintiff alleged in particular that black employees were hired at the lowest levels of the agency, were forced to wait longer than white employees for promotions, and were often skipped over for promotions in favor of equally experienced white employees. The plaintiff sought to certify a class consisting of all African-American employees who applied for and were denied positions or promotions at WASA from October 1996 through December 2000.

The defendant moved to dismiss the case on May 21, 2001, claiming that because the plaintiffs requested compensatory damages and a jury trial in addition to injunctive relief, they could not, as a matter of law, satisfy the requirements for class certification under FRCP 23(b). The District Court (Judge Henry H. Kennedy) denied the motion, explaining that the D.C. Circuit had adopted an "ad-hoc approach" to the issue and that the case law did not regard compensatory damages claims or a request for a jury trial as per se incompatible with class certification under 23(b). Taylor v. Dist. of Columbia Water & Sewer Auth., 205 F.R.D. 43, 2002 WL 5513 (D.D.C. 2002).

The parties then engaged in a lengthy discovery battle. On March 13, 2007, the District Court (Judge Kennedy) certified the class as to liability under FRCP 23(b) for injunctive and declaratory relief, but it postponed any certification as to damages. Taylor v. Dist. of Columbia Water & Sewer Auth., 241 F.R.D. 33, 2007 WL 766229 (D.D.C. 2007). The defendant appealed this ruling, but the U.S. Court of Appeals for the District of Columbia Circuit (Judge Karen L. Henderson) denied the petition as untimely on April 3, 2009. In re D.C. Water & Sewer Auth., 561 F.3d 494 (D.C. Cir. 2009).

The plaintiffs moved to enlarge the class period on November 14, 2007, and the District Court (Judge Kennedy) denied this motion in an unpublished order on February 7, 2008. The parties then continued disputing the class composition and notice procedures until August 25, 2009, when the District Court (Judge Kennedy) acceded to the parties' request and issued a stipulation and order approving the class notice and directing issuance of the notice to class members.

On November 30, 2010, at the parties' request, the District Court (Judge Kennedy) issued an order referring the case for alternative dispute resolution. The parties eventually reached an agreement and submitted a proposed settlement for approval on March 23, 2013.

The District Court (Judge Barbara J. Rothstein) issued an order, on March 28, 2013, approving the class settlement. The Court announced that, in light of the Supreme Court's decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), it was vacating the class certification under FRCP 23(b)(2) and recertifying the class under 23(b)(3). The approved class had 1,037 members, consisting of all African-American employees who worked for the defendant between October 1, 1996, and December 31, 2000.

Under the terms of the agreement, WASA transmitted $2,885,000 to a claims administrator, with $1.9 million set aside for the payment of claims and the remaining funds to be used for attorneys' fees, litigation costs, and a service award to the lead plaintiff. The settlement also included substantial non-monetary relief. Under the agreement, WASA was forbidden from retaliating against any class members for their involvement in the litigation, and was required to provide employees with a written statement of its commitment to equal employment opportunity and post a copy of this policy in common areas of the workplace. WASA also agreed to conduct a mandatory diversity and equal employment opportunity training for all employees and take measures to ensure that employees understand their obligations to identify and report violations of the policies. WASA further agreed to develop and implement complaint procedures and a complaint tracking system, as well as a voluntary affirmative action program. A settlement compliance monitor was assigned to oversee and report on WASA's implementation of the agreement, and WASA agreed to submit reports for the monitor's review. Finally, WASA agreed to create an internal implementation team as well as institute an annual review of pay and data practices to ensure that any racial disparities in pay are due to legitimate and non-discriminatory factors.

On March 16, 2015, the District Court (Judge Rothstein), after receiving a letter from class members who claimed that they had not yet been paid their monetary award, issued an order requiring the parties to provide a status report. Plaintiffs' counsel responded on March 18 and explained that there had been a delay because WASA inadvertently omitted several people from the list of eligible class members it prepared for the claims administrator. Further compounding this delay, plaintiffs' counsel stated that his co-counsel has been preparing a motion to advise the court on how the administrator calculated the payouts to individual class members. The money would not be disbursed until this motion was filed. The matter resolved in June 2015 when the court ordered counsel to furnish the five individuals with proper documents to file for disbursement.

The balance of $14,025.38 in settlement funds were distributed to the District of Columbia Legal Aid Society upon a motion by the parties on October 4, 2017. The case is closed.

Summary Authors

Eric Weiler (8/3/2010)

Brian Tengel (3/15/2015)

Chelsea Rinnig (3/21/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4705996/parties/taylor-v-dc-water-sewer/


Judge(s)
Attorney for Plaintiff

Branch, David A (District of Columbia)

Attorney for Defendant

Doyle, William Edward (District of Columbia)

Gray, Karen Ellen (District of Columbia)

Expert/Monitor/Master/Other

Attorney, William Eugene

Attorney, Allyson Newton

Documents in the Clearinghouse

Documents in this case

1:01-cv-00561

Docket (PACER)

Taylor v. D.C. Water and Sewer Authority

Oct. 4, 2017

Oct. 4, 2017

Docket
24

1:01-cv-00561

Opinion [Denying Defendant's Motion To Dismiss]

Jan. 2, 2002

Jan. 2, 2002

Order/Opinion

205 F.R.D. 43

65

1:01-cv-00561

Plaintiff's Combined Motion for TRO and Preliminary Injunction

April 2, 2004

April 2, 2004

Pleading / Motion / Brief
71

1:01-cv-00561

WASA's Amended Opposition to Plaintiff's Motion for a TRO and Preliminary Injunction

April 6, 2004

April 6, 2004

Pleading / Motion / Brief
110-3

1:01-cv-00561

[Plaintiff's] Expert Affidavit

May 25, 2005

May 25, 2005

Declaration/Affidavit
120-3

1:01-cv-00561

Analysis of Compensation from 1999-2001 at the District of Columbia Water and Sewer Authority

Sept. 16, 2005

Sept. 16, 2005

Monitor/Expert/Receiver Report
139

1:01-cv-00561

Memorandum Opinion And Order [Partially Certifying Class For Injunctive And Declaratory Relief]

March 13, 2007

March 13, 2007

Order/Opinion

241 F.R.D. 33

154

1:01-cv-00561

Third Amended Complaint

Nov. 13, 2007

Nov. 13, 2007

Complaint

08-07099

Opinion [Denying Defendant's Interlocutory Appeal of District Court Order Granting Plaintiff's Motion To Certify Class]

U.S. Court of Appeals for the District of Columbia Circuit

April 3, 2009

April 3, 2009

Order/Opinion

561 F.3d 494

08-07099

Order [Denying Petition For Writ Of Mandamus Based On Previous Opinion Denying Defendant's Appeal As Untimely]

U.S. Court of Appeals for the District of Columbia Circuit

April 3, 2009

April 3, 2009

Order/Opinion

2009 U.S.App.LEXIS 7137

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4705996/taylor-v-dc-water-sewer/

Last updated Aug. 23, 2026, 4:18 a.m.

Docket for: TAYLOR v. DC WATER & SEWER
ECF Number Date Description Link
1 March 16, 2001

COMPLAINT filed by plaintiff CHARLES TAYLOR; jury demand (bm) (Entered: 03/19/2001)

RECAP
2 March 16, 2001

NOTIFICATION OF RELATED CASE: Case related to Case No(s): CA 00-2734 (bm) (Entered: 03/19/2001)

RECAP
March 16, 2001

SUMMONS (1) issued for defendant DC WATER & SEWER (bm)

3 April 11, 2001

MOTION filed by defendant DC WATER & SEWER to extend time to 5/1/01 to answer complaint [1-1] (hsj) (Entered: 04/13/2001)

RECAP
4 April 17, 2001

ORDER by Judge Henry H. Kennedy : granting motion to extend time to 5/1/01 to answer complaint [1-1] [3-1] by DC WATER & SEWER ; Answer extended to 5/1/01 for DC WATER & SEWER (N) (dcn) (Entered: 04/17/2001)

RECAP
5 May 1, 2001

OBJECTIONS by defendant DC WATER & SEWER to plaintiff's designation of Matthews v. DCWASA, 00CV2734. (bm) (Entered: 05/11/2001)

RECAP
6 May 2, 2001

AMENDED COMPLAINT by plaintiff CHARLES TAYLOR adding plaintiff RONALD MARSHALL, and amending complaint [1-1] .; jury demand (bm) (Entered: 05/11/2001)

RECAP
7 May 15, 2001

RESPONSE (OPPOSITIONS) by plaintiff CHARLES TAYLOR, plaintiff RONALD MARSHALL to objection to designation of related case [5-1] by DC WATER & SEWER (td) (Entered: 05/16/2001)

RECAP
49 May 17, 2001

ANSWER to First Amended Complaint by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY.(bm) (Entered: 12/19/2003)

RECAP
8 May 21, 2001

MOTION filed by defendant DC WATER & SEWER to dismiss complaint [1-1] (hsj) (Entered: 05/22/2001)

RECAP
9 May 23, 2001

ORDER by Judge Henry H. Kennedy : Meet Confer hearing set for 4:00 6/29/01 . (N) (dcn) (Entered: 05/23/2001)

RECAP
10 May 29, 2001

MOTION filed by plaintiffs CHARLES TAYLOR, and RONALD MARSHALL to extend time to 6/14/01 to respond to the motion to dismiss (bm) (Entered: 05/30/2001)

RECAP
11 June 4, 2001

ORDER by Judge Henry H. Kennedy : granting motion to extend time to 6/14/01 to respond to the motion to dismiss [10-1] by RONALD MARSHALL, CHARLES TAYLOR response to dispositive motions due by 6/14/01 ; (N) (dcn) (Entered: 06/04/2001)

RECAP
12 June 13, 2001

MOTION (consent) filed by plaintiff CHARLES TAYLOR, plaintiff RONALD MARSHALL to extend time to 6/18/01 to file opposition to motion to dismiss. (td) (Entered: 06/15/2001)

RECAP
13 June 18, 2001

ORDER by Judge Henry H. Kennedy: granting motion to extend time to 6/18/01 to file opposition to motion to dismiss. [12-1] by RONALD MARSHALL, CHARLES TAYLOR response to motion to dismiss due on or before 6/18/01; (N) (dam) (Entered: 06/19/2001)

RECAP
14 June 18, 2001

RESPONSE by plaintiff CHARLES TAYLOR, plaintiff RONALD MARSHALL in opposition to motion to dismiss complaint [1-1] [8-1] by DC WATER & SEWER . (hsj) (Entered: 06/20/2001)

RECAP
15 June 21, 2001

MOTION (CONSENT) filed by defendant DC WATER & SEWER to extend time to 7/2/01 to reply to opposition to motion to dismiss (cdw) (Entered: 06/22/2001)

RECAP
June 25, 2001

SCHEDULING NOTICE:, Meet Confer hearing set for 11:15 7/19/01 . before Judge Henry H. Kennedy . (dcn)

17 June 28, 2001

REPLY by defendant DC WATER & SEWER to response in opposition to motion to dismiss complaint [1-1] [8-1] by DC WATER & SEWER (cdw) (Entered: 06/30/2001)

RECAP
16 June 29, 2001

ORDER by Judge Henry H. Kennedy : granting motion to extend time to 7/2/01 to reply to opposition to motion to dismiss [15-1] by DC WATER & SEWER; reply to dispositive motions due by 7/2/01 ; (N) (dcn) (Entered: 06/29/2001)

RECAP
18 July 2, 2001

MOTION filed by plaintiff CHARLES TAYLOR, plaintiff RONALD MARSHALL to extend time to file a motion for class certification (cdw) (Entered: 07/03/2001)

RECAP
19 July 12, 2001

STATEMENT OF CASE filed by plaintiff CHARLES TAYLOR, defendant DC WATER & SEWER, plaintiff RONALD MARSHALL, . (aet) (Entered: 07/13/2001)

RECAP
July 19, 2001

STATUS HEARING before Judge Henry H. Kennedy : status hearing set for 11:15 11/9/01 ; Reporter: Dolores Byers (dcn)

20 July 25, 2001

RESPONSE by defendant DC WATER & SEWER in opposition to motion to extend time to file a motion for class certification [18-1] by RONALD MARSHALL, CHARLES TAYLOR . (cdw) (Entered: 07/26/2001)

RECAP
21 Aug. 6, 2001

ORDER by Judge Henry H. Kennedy : staying proceedings as to plaintiff CHARLES TAYLOR, defendant DC WATER & SEWER, plaintiff RONALD MARSHALL (N) (dcn) (Entered: 08/07/2001)

RECAP
22 Oct. 10, 2001

MOTION filed by plaintiff RONALD MARSHALL to dismiss amended complaint [6-1] in light of proceeding with an individual complaint. (nmr) (Entered: 10/11/2001)

RECAP
Oct. 10, 2001

SCHEDULING NOTICE: status hearing reset for 10:45 11/16/01 ; before Judge Henry H. Kennedy . (dcn)

23 Oct. 31, 2001

ORDER by Judge Henry H. Kennedy : granting motion to dismiss amended complaint [6-1] [22-1] by RONALD MARSHALL ; dismissing without prejudice plaintiff Ronald Marshall from this complaint (N) (dcn) (Entered: 11/01/2001)

RECAP
Nov. 14, 2001

SCHEDULING NOTICE: status hearing reset for 11:00 1/11/02 ; before Judge Henry H. Kennedy . (dcn)

24 Jan. 2, 2002

OPINION and ORDER by Judge Henry H. Kennedy; denying motion of defendant to dismiss (N) (dcn) (Entered: 01/04/2002)

RECAP
26 Jan. 11, 2002

ATTORNEY APPEARANCE for defendant DC WATER & SEWER by Julia Perkins (ks) (Entered: 01/23/2002)

RECAP
Jan. 11, 2002

STATUS HEARING before Judge Henry H. Kennedy : ; granting oral motion of defendant for Julia Perkins to appear pro hace vice in this case;, status hearing set for 10:45 4/26/02 ; Reporter: Dolores Byers (dcn)

25 Jan. 14, 2002

MOTION filed by defendant DC WATER & SEWER to amend this Court's order of 1/2/02 to include certification of the issues raised for interlocutory appeal under 28 U.S.C. 1292 (b) [24-1] (cdw) (Entered: 01/18/2002)

RECAP
27 Feb. 7, 2002

ORDER by Judge Henry H. Kennedy : granting motion to amend this Court's order of 1/2/02 to include certification of the issues raised for interlocutory appeal under 28 U.S.C. 1292 (b) [24-1] [25-1] by DC WATER & SEWER (N) (dcn) (Entered: 02/07/2002)

RECAP
28 April 2, 2002

MOTION (CONSENT) filed by plaintiff CHARLES TAYLOR to stay time to file motion for class certification ; exhibits (1) (cdw) (Entered: 04/04/2002)

RECAP
29 April 8, 2002

ORDER by Judge Henry H. Kennedy: granting motion to stay time to file motion for class certification [28-1] by CHARLES TAYLOR (N) (dam) (Entered: 04/09/2002)

RECAP
30 April 22, 2002

CERTIFIED COPY of order filed in USCA dated 04/19/02, ordering that the petition be denied. USCA # 02-8005 (cp) (Entered: 05/10/2002)

RECAP
Oct. 2, 2002

STATUS HEARING before Judge Henry H. Kennedy : within 10 days counsel to address matters and file R16.3; within 20 days joint report & agreed upon proposed order due. Status hearing set for 10:30 1/31/03 ; Reporter: Jackie Wood (dcn)

31 Oct. 25, 2002

MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 16 filed by plaintiff CHARLES TAYLOR, defendant DC WATER & SEWER, plaintiff RONALD MARSHALL . (cdw) (Entered: 10/30/2002)

RECAP
32 Nov. 19, 2002

ORDER by Judge Henry H. Kennedy : discovery shall commence immediately, plaintiff shall have 30 days to file an amended complaint; parties shall have 150 days to conduct discovery; status call set for 01/31/03, 10:30 a.m. (N) (dcn) (Entered: 11/19/2002)

RECAP
33 Dec. 19, 2002

AMENDED COMPLAINT by plaintiffs amending complaint [1-1]; jury demand (cdw) (Entered: 12/24/2002)

RECAP
34 Dec. 30, 2002

ANSWER TO SECOND AMENDED COMPLAINT [33-1] by defendant DC WATER & SEWER (cdw) (Entered: 01/02/2003)

RECAP
Jan. 31, 2003

STATUS HEARING before Judge Henry H. Kennedy : status hearing set for 10:15 5/9/03 ; Reporter: Dolores Byers (dcn)

May 9, 2003

STATUS HEARING before Judge Henry H. Kennedy : status hearing set for 10:30 9/26/03 ; Reporter: Cassandra Ellis, Miller Reporting Company. (mpt)

35 June 23, 2003

STATUS REPORT (JOINT) by plaintiffs on Proposed Discovery. (mpt) (Entered: 06/24/2003)

RECAP
36 June 25, 2003

MOTION filed by plaintiff CHARLES TAYLOR, plaintiff RONALD MARSHALL for Alexander G. Hillery to appear pro hac vice ( 1053 Michigan Ave., NE Washington, DC 20017, (202) 526-7969,, ) ; declaration (1) (mpt) Modified on 06/26/2003 (Entered: 06/26/2003)

RECAP
June 26, 2003

STATUS HEARING before Judge Henry H. Kennedy: Reporter: David Kasdan-Miller Reporting (pob) Modified on 06/30/2003

37 June 30, 2003

ORDER by Judge Henry H. Kennedy : granting motion for Alexander G. Hillery to appear pro hac vice ( 1053 Michigan Ave., NE Washington, DC 20017, (202) 526-7969,, ) [36-1] by RONALD MARSHALL, CHARLES TAYLOR (N) (dcn) (Entered: 06/30/2003)

RECAP
38 July 3, 2003

ORDER by Judge Henry H. Kennedy : discovery closes 8/22/03 ; plaintiff shall designate expert witness by 8/23/03 ; (N) (dcn) (Entered: 07/08/2003)

RECAP
39 Aug. 19, 2003

MOTION filed by defendant DC WATER & SEWER to continuance of 8/26/03 status hearing (bcs) (Entered: 08/20/2003)

RECAP
40 Sept. 8, 2003

NOTICE OF CHANGE OF ADDRESS by David A. Branch representing plaintiff CHARLES TAYLOR . New address: Law Office of David A. Branch 1825 Connecticut Avenue, NW, Suite 690, Washington, DC 20009 (202)785-2805. (bcs) (Entered: 09/09/2003)

RECAP
41 Sept. 12, 2003

MOTION filed by plaintiff CHARLES TAYLOR, plaintiff RONALD MARSHALL to compel responses to plaintiffs interrogatories, and requests to production of documents, to re-open discovery, to modify the discovery schedule, and to extend and bifurcate discovery ; exhibits (11) (bcs) (Entered: 09/15/2003)

RECAP
42 Sept. 22, 2003

ORDER by Judge Henry H. Kennedy : finding motion to continuance of 8/26/03 status hearing by DC WATER & SEWER [39-1] moot (N) (dcn) (Entered: 09/22/2003)

RECAP
43 Sept. 22, 2003

MOTION (CONSENT) filed by defendant DC WATER & SEWER to extend time in which to respond to plaintiff's motion to compel responses to interrogatories and requests for production of documents, to re-open discovery, to modify the discovery schedule and to extend and bifurcate discovery (bcs) (Entered: 09/23/2003)

RECAP
Sept. 22, 2003

SCHEDULING NOTICE: status hearing reset for 2:45 10/17/03 ; before Judge Henry H. Kennedy courtroom 14, 4th floor. (dcn)

44 Oct. 7, 2003

RESPONSE by defendant DC WATER & SEWER in opposition to motion to compel responses to plaintiffs interrogatories [41-1] by RONALD MARSHALL, CHARLES TAYLOR, motion to production of documents [41-2] by RONALD MARSHALL, CHARLES TAYLOR, motion to re-open discovery [41-3] by RONALD MARSHALL, CHARLES TAYLOR, motion to modify the discovery schedule [41-4] by RONALD MARSHALL, CHARLES TAYLOR, motion to extend and bifurcate discovery [41-5] by RONALD MARSHALL, CHARLES TAYLOR .; exhibits (9) (bcs) (Entered: 10/08/2003)

RECAP
45 Oct. 14, 2003

MOTION (CONSENT) filed by defendant DC WATER & SEWER to continue of the 10/17/03 status hearing to a date after 10/30/03 (bcs) (Entered: 10/15/2003)

RECAP
46 Oct. 17, 2003

ORDER by Judge Henry H. Kennedy : granting motion to continue of the 10/17/03 status hearing to a date after 10/30/03 [45-1] by DC WATER & SEWER (N) (dcn) (Entered: 10/17/2003)

RECAP
Oct. 17, 2003

SCHEDULING NOTICE: status hearing reset for 11:00 11/21/03 ; before Judge Henry H. Kennedy . (dcn)

47 Oct. 30, 2003

Consent MOTION for Extension of Time to File Reply Brief by CHARLES TAYLOR. (Branch, David) (Entered: 10/30/2003)

RECAP
48 Nov. 6, 2003

REPLY to opposition to motion re 41 to compel responses to plaintiff's interrogatories and requests for production of documents, to re-open discovery, to modify the discovery schedule, and to extend and bifurcate discovery filed by RONALD MARSHALL, CHARLES TAYLOR. (bcs, ) (Entered: 11/07/2003)

RECAP
Nov. 6, 2003

ORDER granting 47 Motion for Extension of Time to File Reply Brief (Kennedy, Henry)

Nov. 21, 2003

NOTICE of Hearing: Status Conference reset for 11/24/2003 02:00 PM before Judge Henry H. Kennedy. (dcn, )

Nov. 24, 2003

Minute Entry for proceedings held before Judge Henry H. Kennedy : Status Conference held on 11/24/2003. Further Status Conference set for 3/12/2004 09:30 AM before Judge Henry H. Kennedy. (Court Reporter Dolores Byers.) (dcn, )

50 Jan. 6, 2004

Order extending discovery. Signed by Judge Henry H. Kennedy, Jr., on January 6, 2004. (FL, ) (Entered: 01/06/2004)

RECAP
51 Feb. 2, 2004

ENTERED IN ERROR.....MOTION for Protective Order by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Pivec, Mary) Modified on 2/3/2004 (bcs, ). (Entered: 02/02/2004)

RECAP
52 Feb. 3, 2004

Amended MOTION for Protective Order by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Attachments: # 1 # 2)(Pivec, Mary) (Entered: 02/03/2004)

RECAP
53 Feb. 3, 2004

MOTION for Protective Order by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Exhibit B)(Pivec, Mary) (Entered: 02/03/2004)

RECAP
Feb. 3, 2004

"NOTICE OF CORRECTED DOCKET ENTRY. Document No. 51 was entered in error and counsel is instructed to refile the motion for protective order and include the motion with the memorandum in support as one document and the attachments and order are to be exhibits to the motion." (bcs, )

54 Feb. 5, 2004

Memorandum in opposition to motion re 53 and Plaintiffs' Cross-Motion to (1) Compel the Defendant to Produce Mr. Leonard Benson and Mr. Walter Bailey for Depositions Upon Oral Examination, and (2) Enlarge Discovery for a Sufficient Period to Permit Said Depositions to be Taken and Utilized by the Plaintiffs in Their Motion for Class Certification filed by CHARLES TAYLOR. (Branch, David) Additional attachment(s) added on 2/10/2004 (bcs, ). (Entered: 02/05/2004)

RECAP
55 Feb. 5, 2004

Cross MOTION to Compel the defendant to produce Mr. Leonard Benson and Mr. Walter Bailey for depositions upon oral examination and MOTION to Enlarge Discovery for a sufficient period to permit said depositions to be taken and utilized by the plaintiffs in their motion for class certification by RONALD MARSHALL, CHARLES TAYLOR. (For viewing see document No. 54 ) (bcs, ) (Entered: 02/10/2004)

RECAP
56 Feb. 17, 2004

ENTERED IN ERROR.....REPLY to opposition to motion re 55 Plaintiff's Motion to Compel and to Enlarge Discovery filed by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Attachments: # 1 Exhibit Order)(Pivec, Mary) Modified on 2/20/2004 (bcs, ). (Entered: 02/17/2004)

RECAP
57 Feb. 17, 2004

Memorandum in opposition to motion re 55 Plaintiff's Motion to Compel and to Enlarge Discovery filed by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Attachments: # 1 Exhibit Order)(Pivec, Mary) (Entered: 02/17/2004)

RECAP
58 Feb. 19, 2004

MOTION to Stay re 50 Order Extending Discovery by CHARLES TAYLOR. (Branch, David) (Entered: 02/19/2004)

RECAP
Feb. 20, 2004

"NOTICE OF CORRECTED DOCKET ENTRY. Document No. 56 was entered in error and counsel has already refile the memorandum in opposition correctly." (bcs, )

59 Feb. 24, 2004

MOTION for Protective Order by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Attachments: # 1 Exhibit Notice of Deposition)(Pivec, Mary) (Entered: 02/24/2004)

RECAP
60 Feb. 27, 2004

REPLY to opposition to motion re 55 Plaintiffs' Cross-Motion to Compel and to Enlarge Discovery filed by CHARLES TAYLOR. (Branch, David) (Entered: 02/27/2004)

RECAP
61 March 1, 2004

Memorandum in opposition to motion re 59 and Plaintiffs Cross-Motion to: (1) Compel the Defendantto Produce its 30(b)(6) Representative for Deposition Upon Oral Examination and (2) Enlarge Discovery for a Sufficient Period to Permit Said Deposition to be Taken and Utilized by the Plaintiffs in their Motion for Class Certification filed by CHARLES TAYLOR. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Exhibits A-D)(Branch, David) (Entered: 03/02/2004)

RECAP
62 March 9, 2004

MOTION for Sanctions by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C)(Pivec, Mary) (Entered: 03/09/2004)

RECAP
March 11, 2004

Set/Reset Hearings: The Status hearing presently scheduled for March 12, 2004, at 10:15 A.M. is hereby cancelled and shall be rescheduled by the clerk after the court has resolved the most recent discovery disputes. (Kennedy, Henry)

63 March 19, 2004

Consent MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Sanctions by CHARLES TAYLOR. (Attachments: # 1 Text of Proposed Order)(Branch, David) (Entered: 03/19/2004)

RECAP
March 22, 2004

Minute order re 63 granting plaintiffs' consent motion for an extension of time to file plaintiffs' opposition to the defendant's motion for sanctions. Signed by Judge Henry H. Kennedy, Jr., on March 22, 2004. (FL, )Official paperless order Modified on 3/22/2004 (FL, ).

64 March 29, 2004

Memorandum in opposition to motion re 62 filed by CHARLES TAYLOR. (Attachments: # 1 Exhibit District of Columbia Legal Ethics Committee Opinion No. 302)(Branch, David) (Entered: 03/29/2004)

RECAP
65 April 2, 2004

Emergency MOTION for Temporary Restraining Order and Motion for a Preliminary Injunction by CHARLES TAYLOR. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Exhibit Exhibit J# 11 Text of Proposed Order Proposed Order)(Branch, David) (Entered: 04/02/2004)

RECAP
66 April 2, 2004

Memorandum in opposition to motion re 65 Request for TRO filed by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Attachments: # 1 Exhibit # 2 Exhibit)(Pivec, Mary) (Entered: 04/02/2004)

RECAP
67 April 5, 2004

Second MOTION to Compel the Defendant to Fully Respond to the Plaintiffs' Interrogatories and Requests for Production of Documents, and Plaintiffs' Motion, in the Alternative, to Preclude or Estop the Defendant from Using Any Workforce Data in Opposition to the Plaintiffs' Class Certification Motion Other Than the Workforce Data the Defendant Has Produced in Response to the Plaintiffs' Interrogatories and Requests for Production of Documents by CHARLES TAYLOR. (Attachments: # 1 Text of Proposed Order # 2 Notice of Filing of Bulky Exhibits)(Branch, David) (Entered: 04/05/2004)

RECAP
68 April 5, 2004

MOTION to preclude or estop the defendant from using any workforce data...;(SEE DOCUMENT NO. 67 FOR THE IMAGE OF THE PLEADING) by CHARLES TAYLOR. (rje, ) (Entered: 04/06/2004)

RECAP
69 April 6, 2004

Consent MOTION to Strike April 2, 2004 Opposition Brief by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Pivec, Mary) (Entered: 04/06/2004)

RECAP
70 April 6, 2004

Memorandum in opposition to motion re 65 TRO, and preliminary injunction filed by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Attachments: # 1 Exhibit # 2 Exhibit)(Pivec, Mary) Modified on 4/7/2004 (rje, ). (Entered: 04/06/2004)

RECAP
71 April 6, 2004

MOTION for Leave to File Amended Opposition to plaintiff's motion for a temporary retraining order and preliminary injunction; (SEE DOCUMENT NO. 69 FOR THE IMAGE OF THE PLEADING) by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (rje, ) (Entered: 04/07/2004)

RECAP
April 7, 2004

Minute order re 69 granting defendant's consent motion to strike its April 2, 2004, opposition memorandum and for leave to submit for consideration its April 5, 2004, amended opposition to plaintiff's motion for a temporary restraining order and a preliminary injunciton. Signed by Judge Henry H. Kennedy, Jr., on April 7, 2004. Official paperless order(FL, )

72 April 12, 2004

Consent MOTION for Extension of Time to File Response/Reply by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Pivec, Mary) (Entered: 04/12/2004)

RECAP
73 April 12, 2004

REPLY to opposition to motion re 65 filed by CHARLES TAYLOR. (Branch, David) (Entered: 04/12/2004)

RECAP
74 April 14, 2004

Consent MOTION to Amend/Correct 73 Reply to opposition to Motion, 65 Emergency MOTION for Temporary Restraining Order and Motion for a Preliminary Injunction by CHARLES TAYLOR. (Attachments: # 1 Exhibit Plaintiffs' Amended Reply# 2 Exhibit Revised Declaration of Abdus-Sattar Hussain Mulla# 3 Text of Proposed Order)(Branch, David) (Entered: 04/14/2004)

RECAP
April 15, 2004

Minute order re 74 granting plaintiffs' consent motion to substitute the declaration of Abdus-Sattar Hassain Mulla in place of his declaration filed with the plaintiffs' motion on April 2, 2004, npt April 2, 2004. Also granting plaintiffs' consent motion to substitute the amended reply to the defendant's opposition to the plaintiffs' combined motion for a temporary restraining order and for a preliminary injunction in place of the plaintiffs' reply filed on April 12, 2004, npt April 12, 2004. Signed by Judge Henry H. Kennedy, Jr., on April 15, 2004. Official paperless order(FL, )

April 18, 2004

MINUTE ORDER denying 65 : Motion for TRO AND Preliminary Injunction (Kennedy, Henry)

75 April 21, 2004

Cross MOTION for Sanctions and for Costs by CHARLES TAYLOR. (Branch, David) (Entered: 04/21/2004)

RECAP
76 April 29, 2004

Consent MOTION for Extension of Time to File Response/Reply to Renewed Motion to Compel by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Pivec, Mary) (Entered: 04/29/2004)

RECAP
May 4, 2004

MINUTE ORDER granting 72 Motion for Extension of Time to File Response/Reply re 72 Consent MOTION for Extension of Time to File Response/Reply, 76 Consent MOTION for Extension of Time to File Response/Reply to Renewed Motion to Compel, granting 76 Motion for Extension of Time to File Response/Reply re 72 Consent MOTION for Extension of Time to File Response/Reply, 76 Consent MOTION for Extension of Time to File Response/Reply to Renewed Motion to Compel (Kennedy, Henry)

77 May 5, 2004

MOTION for Extension of Time to File Response/Reply to Cross-Motion for Sanctions and Costs by DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. (Pivec, Mary) (Entered: 05/05/2004)

RECAP

Case Details

State / Territory:

District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: March 16, 2001

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African-American employees who sought and were denied positions or promotions at the D.C. Water and Sewer Authority from October 1996 through December 2000.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

District of Columbia

Defendant Type(s):

Sanitation/Public Works

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Other Dockets:

District of District of Columbia 1:01-cv-00561

U.S. Court of Appeals for the District of Columbia Circuit 08-07099

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Auditing

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Implement complaint/dispute resolution process

Monitoring

Monitor/Master

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Utilize objective hiring/promotion criteria

Amount Defendant Pays: $2.88 million

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Treatment

Hiring

Promotion

Seniority

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation