Case: Murphy v. Super Steel Schenectady

1:06-cv-00480 | U.S. District Court for the Northern District of New York

Filed Date: April 18, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On April 18, 2006, a group of male African American workers filed a lawsuit under the Declaratory Judgment Act 28 U.S.C. §§ 1331, 1343(a)(4), 2201 and 2202; and the Civil Rights Act of 1866, 42 U.S.C. § 1981 (hereafter § 1981) against Super Steel Schenectady Incorporated in United States District Court, Northern District of New York. The plaintiffs, represented by private counsel, asked the Court for injunctive relief and damages to remedy the racially hostile work environment at Super Steel. …

On April 18, 2006, a group of male African American workers filed a lawsuit under the Declaratory Judgment Act 28 U.S.C. §§ 1331, 1343(a)(4), 2201 and 2202; and the Civil Rights Act of 1866, 42 U.S.C. § 1981 (hereafter § 1981) against Super Steel Schenectady Incorporated in United States District Court, Northern District of New York. The plaintiffs, represented by private counsel, asked the Court for injunctive relief and damages to remedy the racially hostile work environment at Super Steel. Specifically, the plaintiffs contended that the work environment at Super Steel Schenectady was one of volatile racial remarks and actions. The plaintiffs also claimed that this practice of racial discrimination and segregation has challenged their personal safety, prevented them from training opportunities, prevented promotions, and caused some to even leave their job.

On January 25, 2007, the United States District Court of Northern New York with Judge Gary Sharpe, approved a Settlement Agreement and dismissed the action with prejudice. According to the Consent Decree, the defendant agreed to pay a total of $1,250,000 and also adopt various equitable remedies to reduce discrimination.

The decree was entered in 2007 and scheduled to last 2009. No further docket entries exist, so the case is closed.

Summary Authors

Kunyi Zhang (8/31/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6079218/parties/murphy-v-super-steel-schenectady-inc/


Judge(s)

Homer, David R. (New York)

Sharpe, Gary L. (New York)

Attorneys(s) for Plaintiff

Bloom, Shayna (District of Columbia)

Bloom (dup), Shayna (Maryland)

Fentonmiller, Laura C. (District of Columbia)

Heisler, Jeremy (New York)

Morris, Grant E. (District of Columbia)

Sanford, David W. (District of Columbia)

Wipper, Janette Lynn (District of Columbia)

Attorneys(s) for Defendant

Gilbride, Joan M. (New York)

Judge(s)

Homer, David R. (New York)

Sharpe, Gary L. (New York)

Attorneys(s) for Plaintiff

Bloom, Shayna (District of Columbia)

Bloom (dup), Shayna (Maryland)

Fentonmiller, Laura C. (District of Columbia)

Heisler, Jeremy (New York)

Morris, Grant E. (District of Columbia)

Sanford, David W. (District of Columbia)

Wipper, Janette Lynn (District of Columbia)

Attorneys(s) for Defendant

Gilbride, Joan M. (New York)

Expert/Monitor/Master

Wittels, Steven Lance (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Murphy v. Super Steel Schenectady Incorporated

Aug. 3, 2007 Docket
1

Complaint

Murphy v. Super Steel Schenectady Incorporated

April 18, 2006 Complaint

Press Release

Murphy v. Super Steel Schenectady Inc.

No Court

April 21, 2006 Press Release
12

Order

Murphy v. Super Steel Schenectady Incorporated

Jan. 24, 2007 Order/Opinion
11

Consent Decree (Proposed)

Jan. 24, 2007 Settlement Agreement
14

Order Preliminarily Approving Class Settlement

Murphy v. Super Steel Schenectady Incorporated

Jan. 25, 2007 Order/Opinion
23

Dismissal Order

Murphy v. Super Steel Schenectady Incorporated

April 23, 2007 Order/Opinion
22

Motion Hearing Minutes

Murphy v. Super Steel Schenectady, Inc.

April 23, 2007 Transcript

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6079218/murphy-v-super-steel-schenectady-inc/

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

ECF Number Description Date Link
1

COMPLAINT against Super Steel Schenectady Inc. ( Filing fee $ 350 receipt number ALB002239) filed by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr.(wbl, ) (Entered: 04/19/2006)

April 18, 2006 PACER
2

G.O. 25 FILING ORDER ISSUED Initial Conference set for 8/22/2006 09:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 8/14/2006. (wbl, ) (Entered: 04/19/2006)

April 18, 2006 PACER
3

NOTICE by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr of Motion for Admission Pro Hac Vice (Attachments: # 1 Affidavit Affidavit of Sponsor for Admission Pro Hac Vice# 2 E-Filing Registration# 3 E-Filing Registration# 4 E-Filing Registration# 5 Certificate of Good Standing for D. Sanford# 6 Certificate of Good Standing for J. Wipper# 7 Certificate of Good Standing for J. Heisler# 8 E-Filing Registration# 9 Certificate of Good Standing for G. Morris# 10 Petition for Admission to Practice for D. Sanford# 11 Petition for Admission to Practice for G. Morris# 12 Petition for Admission to Practice for J. Wipper# 13 Petition for Admission to Practice for J. Heisler# 14 Proposed Order/Judgment Proposed Order for Admission Pro Hac Vice)(Wittels, Steven) (Entered: 06/16/2006)

2 Affidavit Affidavit of Sponsor for Admission Pro Hac Vice

View on PACER

3 E-Filing Registration

View on PACER

4 E-Filing Registration

View on PACER

5 E-Filing Registration

View on PACER

6 Certificate of Good Standing for D. Sanford

View on PACER

7 Certificate of Good Standing for J. Wipper

View on PACER

8 Certificate of Good Standing for J. Heisler

View on PACER

9 E-Filing Registration

View on PACER

10 Certificate of Good Standing for G. Morris

View on PACER

11 Petition for Admission to Practice for D. Sanford

View on PACER

12 Petition for Admission to Practice for G. Morris

View on PACER

13 Petition for Admission to Practice for J. Wipper

View on PACER

14 Petition for Admission to Practice for J. Heisler

View on PACER

15 Proposed Order/Judgment Proposed Order for Admission Pro Hac Vice

View on PACER

June 16, 2006 PACER
4

ORDER granting 3 Motion for PHV Admission of Jeremy Heisler, David W. Sanford, Grant E. Morris, and Janette L. Wipper, Esqs., added for Pltfs. Signed by Judge David R. Homer on 7/12/06. (amt, ) (Entered: 07/13/2006)

July 12, 2006 PACER
5

NOTICE of Hearing: Initial Conference set for 9/12/2006 09:30 AM in Albany before Judge Gary L. Sharpe. Civil Case Management Plan due by 9/6/2006. (tab) (Entered: 08/15/2006)

Aug. 15, 2006 PACER
6

Letter Motion from David W. Sanford for Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr requesting that the Rule 16 Scheduling Conference and Case Management Plan be postponed until after the 9/14-9/15 Mediation submitted to Judge David R. Homer. (Wittels, Steven) (Entered: 08/17/2006)

Aug. 17, 2006 PACER
7

NOTICE of Appearance by Joan M. Gilbride on behalf of Super Steel Schenectady Inc. (Gilbride, Joan) (Entered: 08/28/2006)

Aug. 28, 2006 PACER
8

TEXT NOTICE. The Rule 16 conference previously rescheduled to 9/12/06 at 9:30 a.m. is RESCHEDULED to OCTOBER 18, 2006 at 9:30 a.m. pursuant to the letter/request of plaintiff's counsel dated 8/17/06 to allow the parties to participate in class mediation. The Rule 16 conference may be conducted by telephone. Plaintiff's counsel is to initiate telephone conference. The Case Management Plan's due date is 10/11/06. (lah, ) (Entered: 08/30/2006)

Aug. 30, 2006 PACER
9

Letter from Atty Gilbride to the Court dd 10/11/06 advising of settlement, and requesting adjournment of Rule 16 conference; so ordered by Judge Homer. (sfp, ) Modified on 10/16/2006 to insert text re: request and order (cbm, ). (Entered: 10/13/2006)

Oct. 13, 2006 PACER
10

NOTICE of Settlement and Request for Preliminary Approval Hearing re Consent Decree by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Super Steel Schenectady Inc., Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr (Attachments: # 1 Consent Decree)(Sanford, David) (Entered: 12/22/2006)

2 Consent Decree

View on RECAP

Dec. 22, 2006 PACER
11

NOTICE by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr re 10 Notice of Settlement, Consent Decree with Appendices (Attachments: # 1 Appendix I-Claim Form# 2 Appendix II-Release# 3 Appendix III-Notice of Settlement)(Sanford, David) (Entered: 01/19/2007)

2 Appendix I-Claim Form

View on PACER

3 Appendix II-Release

View on PACER

4 Appendix III-Notice of Settlement

View on PACER

Jan. 19, 2007 PACER
12

SETTLEMENT AGREEMENT Proposed Order Preliminarily Approving Class Settlement by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Attachments: # 1 Supplement)(Wittels, Steven) (Entered: 01/24/2007)

2 Supplement

View on PACER

Jan. 24, 2007 PACER
13

Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law; Preliminary Approval Hearing held on January 25, 2007 before Judge Gary L. Sharpe; Appearances Made: Janette L. Wipper and Steven L. Wittels, Esqs., for the plaintiffs and Joan M. Gilbride, Esq., for the defendant; Atty. Wittels requests the court to sign the preliminary approval order and set a fairness hearing; discusses procedure with the court; Court inquires of breakdown of monetary relief; Atty. Wittels discusses and indicates there are under 100 workers; Court states concerns that the court had; Atty. Wittels states other people have contacted him after hearing of possible settlement; Court sets Fairness Hearing date for April 23, 2007 at 1:30 p.m. at the proposal of counsel; Court understands the matter at issue and is satisfied at this point and will execute the proposed order. (Court Reporter Bonnie Buckley) Time: 1:00-1:15 p.m. (jel, ) (Entered: 01/26/2007)

Jan. 25, 2007 PACER
14

ORDER PRELIMINARILY APPROVING THE CLASS SETTLEMENT: Fairness Hearing set for 4/23/2007 at 01:30 PM in Albany before Judge Gary L. Sharpe. Signed by Judge Gary L. Sharpe on 1/25/2007. (jel, ) (Entered: 01/26/2007)

Jan. 25, 2007 PACER
15

LETTER REQUEST AND ORDER re 11 Settlement Decree/Notice filed by Vincent Safford, Andino Ward, David Chambers, Herion Murphy, Curtis Nelson, Paul Hannon, Eddie Barnes, Jr., Criss Murphy, Norman Jordan: AMENDING the Consent Decree due to a mathmatical error. Signed by Judge Gary L. Sharpe on 3/21/07. (tab) (Entered: 03/21/2007)

March 21, 2007 PACER
16

NOTICE by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr ltr to court re motion for approval of final consent decree (Wittels, Steven) (Entered: 04/19/2007)

April 19, 2007 PACER
17

MOTION to Approve Consent Judgment, Attorneys' Fees and Expenses, and Entry of Judgment Motion Hearing set for 4/23/2007 01:30 PM in Albany before Judge Gary L. Sharpe. by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Wittels, Steven) (Entered: 04/19/2007)

April 19, 2007 PACER
18

MEMORANDUM OF LAW in support of motion for final approval of consent decree filed by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Attachments: # 1 Exhibit(s))(Wittels, Steven) (Entered: 04/19/2007)

2 Exhibit(s)

View on PACER

April 19, 2007 PACER
19

MEMORANDUM OF LAW in support of unopposed motion for attorneys' fees and expenses filed by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Attachments: # 1 Exhibit(s) A-B# 2 Exhibit(s) C-E# 3 Exhibit(s) F-J# 4 Exhibit(s) K-M)(Wittels, Steven) (Entered: 04/19/2007)

2 Exhibit(s) A-B

View on PACER

3 Exhibit(s) C-E

View on PACER

4 Exhibit(s) F-J

View on PACER

5 Exhibit(s) K-M

View on PACER

April 19, 2007 PACER
20

AFFIDAVIT D. Sanford Declaration by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Wittels, Steven) (Entered: 04/19/2007)

April 19, 2007 PACER
21

AFFIDAVIT of service by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Wittels, Steven) (Entered: 04/19/2007)

April 19, 2007 PACER
22

Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law; Motion Hearing held on 4/23/2007 re 17 MOTION to Approve Consent Judgment, Attorneys' Fees and Expenses, and Entry of Judgment filed by Vincent Safford, Andino Ward, David Chambers, Herion Murphy, Curtis Nelson, Paul Hannon, Eddie Barnes, Jr., Criss Murphy, Norman Jordan; Appearances Made: Janette L. Wipper and David Sanford, Esqs., for the plaintiffs and Joan M. Gilbride, Esq., for the defendant; Atty. Sanford states no opt outs or no objections; received 32 letters to opt in out of 100 notices that were sent. Court discusses proposed order which is docket number 21. Atty. Gilbride states no opposition. Court adopts the proposed order and intends to enter the judgment. Court will enter judgment accordingly. (Court Reporter Theresa Casale) Time: 1:55-2:00 p.m. (jel, ) (Entered: 04/23/2007)

April 23, 2007 RECAP
23

JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Gary L. Sharpe on 4/23/2007. (jel, ) (Entered: 04/23/2007)

April 23, 2007 PACER
24

DOCUMENT REJECTION ORDER, returning letter to Bobby D. Fairley requesting the court to reopen the case. Time to object has expired. Case is now closed. Request is DENIED AS MOOT. Signed by Judge Gary L. Sharpe on 8/3/2007. (jel, ) (Entered: 08/03/2007)

Aug. 3, 2007 PACER

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Key Dates

Filing Date: April 18, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all African American individuals who have been employed by or provided contract services to Super Steel Schenectady Inc. at any time, or for any length of time, from April 2003 to January 25, 2007

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Super Steel Schenectady Incorporated, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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

Amount Defendant Pays: $1,250,000

Order Duration: 2007 - 2009

Content of Injunction:

Develop anti-discrimination policy

Comply with advertising/recruiting requirements

Implement complaint/dispute resolution process

Recordkeeping

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Harassment / Hostile Work Environment

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black