Case: McLaurin v. National Railroad Passenger Corp. ("Amtrack")

McLaurin v. National Railroad Passenger Corp. ("Amtrak")

McLaurin v. National Railroad Passenger Corp. ("Amtrak")

McLaurin v. National Railroad Passenger Corp. ("Amtrak")

COMPLAINT filed by plaintiff ARTHUR LEON MCLAURIN, plaintiff LORETTA EVANS, plaintiff ETHEL KATO, plaintiff BRETT TYLER, plaintiff EUGENE DANDY, plaintiff TIMOTHY POTTER, plaintiff MICHAEL GOLDSMITH, plaintiff LORELL YATES, plaintiff BRENDA WALKER, plaintiff ROBERTA PERRY, plaintiff SAMUEL TILLIE, plaintiff JANET HARVEY, plaintiff LESLIE DUNNING; jury demand (tw) (Entered: 08/21/1998)

SUMMONS (1) issued for defendant NRRPC (tw) (Entered: 08/21/1998)

SUMMONS (1) issued for defendant NRRPC (tw)

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 8/21/98 upon defendant NRRPC (lkn) (Entered: 08/28/1998)

SCHEDULING NOTICE: inital scheduling conference set for 10:00 10/1/98 before Judge Emmet G. Sullivan, Courtroom 11, 4th Floor; Meet & Confer Statement due 9/29/98. (N) (mlp) (Entered: 09/02/1998)

SCHEDULING NOTICE: inital scheduling conference set for 10:00 10/1/98 before Judge Emmet G. Sullivan, Courtroom 11, 4th Floor; Meet & Confer Statement due 9/29/98. (N) (mlp)

ORDER by Judge Emmet G. Sullivan :granting extension of time to 10/16/98 for defendant to file a responsive pleading to the complaint; (N) (clv) (Entered: 09/30/1998)

MOTION filed by defendant NRRPC to dismiss complaint [1-1], and for more definite statement ; Exhibits (3). (lkn) (Entered: 10/19/1998)

MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 206(d) filed by plaintiffs, defendants. (JMF) (Entered: 10/26/1998)

Initial Status Conference before Judge Emmet G. Sullivan : Status hearing set for 9:30 12/4/98 Reporter: Frank Rangis (clv) (Entered: 10/26/1998)

Initial Status Conference before Judge Emmet G. Sullivan : Status hearing set for 9:30 12/4/98 Reporter: Frank Rangis (clv)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 9:30 12/4/98 ; Reporter: Frank Rangus (clv) (Entered: 11/04/1998)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 9:30 12/4/98 ; Reporter: Frank Rangus (clv)

NOTICE OF FILING by plaintiff of proposed Stipulated Order concerning mediation of the lawsuit. (lkn) (Entered: 11/06/1998)

SCHEDULING ORDER by Judge Emmet G. Sullivan status hearing set for 9:30 12/4/98 ; further status hearing set for 1/6/99 at 10:00; February 3, 1999 at 10:00; March 3, 1999 at 10:00; setting forth instructions to counsel; (N) (clv) (Entered: 11/17/1998)

ORDER by Judge Emmet G. Sullivan :setting forth instruction to counsel; (N) (clv) (Entered: 11/17/1998)

AMENDED COMPLAINT by plaintiff ARTHUR LEON MCLAURIN, plaintiff LORETTA EVANS, plaintiff ETHEL KATO, plaintiff BRETT TYLER, plaintiff EUGENE DANDY, plaintiff TIMOTHY POTTER, plaintiff MICHAEL GOLDSMITH, plaintiff LORELL YATES, plaintiff BRENDA WALKER, plaintiff ROBERTA PERRY, plaintiff SAMUEL TILLIE, plaintiff JANET HARVEY, plaintiff LESLIE DUNNING adding plaintiff JOSEPH W. CARTER III, BRET A. SAMPLES, WILLIAMS F. BROADUS, JOHN MCCARGO, Tracey BANKS, DIANE PENN ROSS, ELNORAH BARBOUR, KEVIN BROOME, CHARLES DAVIS, ANN - JONES, DARRELL LATHAN, JOYCE TABB, ANNETTE ALLEN, DEBORAH JOHNSON, PAMELA MONTGOMERY, GREGORY WHITE, and amending complaint [1-1] .; jury demand (fiat) SULLIVAN, J. (bjsp) (Entered: 11/25/1998)

ORDER by Judge Emmet G. Sullivan : status hearing set for 10:00 1/6/98 ; (N) (clv) (Entered: 12/09/1998)

ORDER by Judge Emmet G. Sullivan :withdrawing Defendant's Amtrak motion to dismiss the complaint; defendant Amtrak's answer to amended complaint due by 12/21/98; (N) (clv) (Entered: 12/17/1998)

ANSWER TO AMENDED COMPLAINT [9-1] by defendant NRRPC (bjsp) (Entered: 12/22/1998)

STIPULATED PROTECTIVE ORDER by Judge Emmet G. Sullivan ; setting forth procedures for handling confidential material; allowing designated material to be filed under seal. (N) (clv) (Entered: 12/31/1998)

STATUS HEARING before Judge Emmet G. Sullivan : counsel to submit order; Reporter: Frank Rangus (clv) (Entered: 01/06/1999)

STATUS HEARING before Judge Emmet G. Sullivan : counsel to submit order; Reporter: Frank Rangus (clv)

ORDER by Judge Emmet G. Sullivan :setting forth instruction to counsel; (N) (clv) (Entered: 01/13/1999)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 10:00 4/7/99 ; Reporter: Frank Rangus (clv) (Entered: 03/03/1999)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 10:00 4/7/99 ; Reporter: Frank Rangus (clv)

NOTICE OF CHANGE OF ADDRESS by Avis E Buchanan representing plaintiff ARTHUR LEON MCLAURIN, plaintiff LORETTA EVANS, plaintiff ETHEL KATO, plaintiff BRETT TYLER, plaintiff EUGENE DANDY, plaintiff TIMOTHY POTTER, plaintiff MICHAEL GOLDSMITH, plaintiff LORELL YATES, plaintiff BRENDA WALKER, plaintiff ROBERTA PERRY, plaintiff SAMUEL TILLIE, plaintiff JANET HARVEY, plaintiff LESLIE DUNNING, plaintiff JOSEPH W. CARTER III, plaintiff BRET A. SAMPLES, plaintiff WILLIAMS F. BROADUS, plaintiff JOHN MCCARGO, plaintiff Tracey BANKS, plaintiff DIANE PENN ROSS, plaintiff ELNORAH BARBOUR, plaintiff KEVIN BROOME, plaintiff CHARLES DAVIS, plaintiff ANN JONES, plaintiff DARRELL LATHAN, plaintiff JOYCE TABB, plaintiff ANNETTE ALLEN, plaintiff DEBORAH JOHNSON, plaintiff PAMELA MONTGOMERY, plaintiff GREGORY WHITE . New address: WASHINGTON LAWYERS COMMITTEE, 11 DUPONT CIRCLE NW SUITE 400, WASHINGTON, DC 20036, (202) 319-1000) (bjsp) (Entered: 04/01/1999)

STATUS REPORT by plaintiff ARTHUR LEON MCLAURIN, plaintiff LORETTA EVANS, plaintiff ETHEL KATO, plaintiff BRETT TYLER, plaintiff EUGENE DANDY, plaintiff TIMOTHY POTTER, plaintiff MICHAEL GOLDSMITH, plaintiff LORELL YATES, plaintiff BRENDA WALKER, plaintiff ROBERTA PERRY, plaintiff SAMUEL TILLIE, plaintiff JANET HARVEY, plaintiff LESLIE DUNNING, defendant NRRPC, plaintiff JOSEPH W. CARTER III, plaintiff BRET A. SAMPLES, plaintiff WILLIAMS F. BROADUS, plaintiff JOHN MCCARGO, plaintiff Tracey BANKS, plaintiff DIANE PENN ROSS, plaintiff ELNORAH BARBOUR, plaintiff KEVIN BROOME, plaintiff CHARLES DAVIS, plaintiff ANN JONES, plaintiff DARRELL LATHAN, plaintiff JOYCE TABB, plaintiff ANNETTE ALLEN, plaintiff DEBORAH JOHNSON, plaintiff PAMELA MONTGOMERY, plaintiff GREGORY WHITE (tw) (Entered: 04/01/1999)

ORDER by Judge Emmet G. Sullivan :cancelling the 4/7/99 status hearing; setting forth instruction to counsel; (N) (clv) (Entered: 04/08/1999)

STATUS REPORT by plaintiff, defendant, plaintiff (st) (Entered: 05/03/1999)

STIPULATED ORDER by Judge Emmet G. Sullivan :setting forth instruction to counsel; (N) (clv) (Entered: 05/04/1999)

ORDER by Judge Emmet G. Sullivan :cancelling the 5/5/99 status hearing date; (N) (clv) (Entered: 05/04/1999)

ORDER by Judge Emmet G. Sullivan : hearing for preliminary approval of the Consent Decree set for 10:00 9/1/99 ;, fairness hearing on the consent decree set for 10:00 10/25/99 (N) (clv) (Entered: 08/12/1999)

JOINT MOTION by plaintiffs and defendants for an Order Preliminarily Approving Consent Decree and Directing Notice to Class Members and Interested Individuals, and Administrative Order No. 1 ; Exhibits (6) (tth) (Entered: 08/26/1999)

STATUS HEARING before Judge Emmet G. Sullivan : hearing remains scheduled for 10/25/99 at 9:00 a.m.; chambers to issue orders; Reporter: Cheryl Gerber, Miller Reporting (clv) (Entered: 09/01/1999)

STATUS HEARING before Judge Emmet G. Sullivan : hearing remains scheduled for 10/25/99 at 9:00 a.m.; chambers to issue orders; Reporter: Cheryl Gerber, Miller Reporting (clv)

ORDER by Judge Emmet G. Sullivan : granting joint motion for an Order Preliminarily Approving Consent Decree and Directing Notice to Class Members and Interested Individuals [22-1] by plaintiffs, defendant, plaintiff, granting joint motion Administrative Order No. 1 [22-2] by plaintiffs, defendant, plaintiff (N) (jwd) Modified on 09/03/1999 (Entered: 09/03/1999)

CONSENT DECREE; exhibits (3) (jwd) Modified on 09/03/1999 (Entered: 09/03/1999)

ERRATA (Amended Exhibit 1 Mailed Notice and Amended Exhibit 2 Published notice) (jwd) Modified on 09/03/1999 (Entered: 09/03/1999)

SCHEDULING ORDER by Judge Emmet G. Sullivan fairness hearing for final approval of the Consent Decree is set for 9:00 10/25/99 (N) (jwd) Modified on 09/03/1999 (Entered: 09/03/1999)

ADMINISTRATIVE ORDER NO.1 by Judge Emmet G. Sullivan: regarding establishment of fund; administration of the fund; power, replacement and indemnification of the administrators. (N) (jwd) Modified on 09/03/1999 (Entered: 09/03/1999)

MOTION filed by plaintiff for final approval of the consent decree EXHIBIT (2) (st) (Entered: 10/18/1999)

NOTICE OF WITHDRAWAL of attorney Ozell Hudson for PAMELA MONTGOMERY, attorney Ozell Hudson for DARRELL LATHAN, attorney Ozell Hudson for ANN JONES, attorney Ozell Hudson for CHARLES DAVIS, attorney Ozell Hudson for KEVIN BROOME, attorney Ozell Hudson for ELNORAH BARBOUR, attorney Ozell Hudson for DIANE PENN ROSS, attorney Ozell Hudson for JOHN MCCARGO, attorney Ozell Hudson for WILLIAMS F. BROADUS. (tw) (Entered: 10/20/1999)

FAIRNESS HEARING before Judge Emmet G. Sullivan : Reporter: Frank Rangus (clv) (Entered: 10/25/1999)

FAIRNESS HEARING before Judge Emmet G. Sullivan : Reporter: Frank Rangus (clv)

ORDER by Judge Emmet G. Sullivan : granting motion for final approval of the consent decree [28-1] by plaintiff; approving Consent Decree; (N) (clv) (Entered: 11/02/1999)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 10:00 1/12/00 ; Reporter: Frank Rangus (clv) (Entered: 11/10/1999)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 10:00 1/12/00 ; Reporter: Frank Rangus (clv)

NOTICE by plaintiff of withdrawal of opt out designation (st) (Entered: 11/15/1999)

ORDER by Judge Emmet G. Sullivan: status hearing set for 10:00 1/12/00 to discuss the implemenatation of the settlement agreement; (N) (dam) (Entered: 11/26/1999)

NOTICE OF WAIVER REQUEST filed by plaintiffs on behalf of Joseph Roland filed on 10/29/99; attachments (5) (bjsp) (Entered: 12/06/1999)

Waiver of Reply pursuant to the Prison Litigation Reform Act by defendant NRRPC on behalf of Joseph Roland ; attachment (bjsp) Modified on 12/13/1999 (Entered: 12/13/1999)

ORDER by Judge Emmet G. Sullivan :correspondence received in chambers dated 12/14/99, from attorney cecilia Anekwe is returned; (N) (clv) (Entered: 01/04/2000)

MOTION filed by plaintiff for order approval of the formula for allocating the claims portion of the settlement fund ; exhibits (3) (bjsp) (Entered: 01/12/2000)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 9:00 2/2/00 ; Reporter: Frank Rangus (clv) (Entered: 01/12/2000)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 9:00 2/2/00 ; Reporter: Frank Rangus (clv)

ORDER by Judge Emmet G. Sullivan :returning correspondence received in chambers on 1/11/00 to Cecilia N. Anekwe, (N) (clv) (Entered: 01/21/2000)

STATEMENT filed by defendant NRRPC, regarding: motion for approval of the formula for allocating the claims portion of the settlement fund (cjp) (Entered: 02/29/2000)

STATUS HEARING before Judge Emmet G. Sullivan : Reporter: Frank Rangus (clv) (Entered: 04/05/2000)

STATUS HEARING before Judge Emmet G. Sullivan : Reporter: Frank Rangus (clv)

ORDER by Judge Emmet G. Sullivan : granting motion for order approval of the formula for allocating the claims portion of the settlement fund [36-1] by ARTHUR LEON MCLAURIN (N) (clv) (Entered: 04/07/2000)

MOTION filed by plaintiff for approval of (a) proposed first distribution from the claims portion of the settlement fund and (b) claims appeal procedure ; exhibits (2) (tb) (Entered: 04/20/2000)

MOTION (emergency) filed by plaintiff to seal exhibit 1 of administrators' motion for approval of proposed first distribution. (tw) (Entered: 04/26/2000)

ORDER by Judge Emmet G. Sullivan : granting motion to seal exhibit 1 of administrators' motion for approval of proposed first distribution. [41-1] by plaintiffs (N) (clv) (Entered: 04/27/2000)

EXHIBITS of plaintiff ARTHUR LEON MCLAURIN (UNDER SEAL per order filed 4/27/00) (bjsp) (Entered: 05/02/2000)

ORDER by Judge Emmet G. Sullivan : granting motion for approval of (a) proposed first distribution from the claims portion of the settlement fund and (b) claims appeal procedure [40-1] by plaintiffs (Exhibits 1 and 2 are placed under seal in the vault in Room 1800) (N) (adc) (Entered: 05/05/2000)

ORDER by Judge Emmet G. Sullivan (fiat) approving the consent decree nunc pro tunc to 9/2/99; (N) (clv) (Entered: 06/21/2000)

ORDER by Judge Emmet G. Sullivan (fiat) approving the consent decree nunc pro tunc to 9/2/99; (N) (clv)

OBJECTIONS by Non Party RICHARD MILLER to the determination of eligibility for award out of the settlement fund; "Let this be filed" J. SULLIVAN (tb) (Entered: 08/15/2000)

MOTION filed by plaintiff as to appeals, invalid claims, late filed claims, and second distribution from Amtrak Management Settlement Fund ; exhibits (FILED UNDER SEAL-one box logged under seal) (tb) (Entered: 08/21/2000)

SEMIANNUAL REPORT by plaintiffs to the Court as to AMTRAK'S compliance with terms of Consent Decree; attachments (13) (bm) (Entered: 09/12/2000)

ORDER by Judge Emmet G. Sullivan :directing the Clerk of the Court to mail a copy of a letter from Ronald Anderson to counsel of record; (N) (clv) (Entered: 10/31/2000)

ORDER by Judge Emmet G. Sullivan : diecting the parties to address the objections to the determination of eligibility for award out of the settlement fund by 12/5/00 (N) (clv) (Entered: 11/22/2000)

ORDER by Judge Emmet G. Sullivan :setting forth instruction to counsel, see the order; (N) (clv) (Entered: 11/22/2000)

MEMORANDUM by defendant NATL RAILROAD PASS in support of motion as to appeals, invalid claims, late filed claims amd second distribution from Amtrak Management Settlement Fund.; exhibits (4) (aet) Modified on 12/17/2000 (Entered: 12/17/2000)

NOTICE OF FILING by plaintiffs of explanation of denial of claim of Richard Miller; attachments (3) (td) (Entered: 12/08/2000)

RESPONSE by Non Party RICHARD MILLER to notice of filing of explanation of denial of claims of richard A. Miller Sr. [51-1] by plaintiffs; Affidavit (1); Attachments. (ks) (Entered: 01/05/2001)

NOTICE OF CHANGE OF ADDRESS by RICHARD MILLER . New address: Haynesville Correctional Cente PO Box 129 Haynesville, VA 22472-0129 . (ks) (Entered: 01/05/2001)

MOTION filed by plaintiff to approve a claim to share in Amtrak Management Settlement Fund ; exhibit (1 redacted) (td) (Entered: 09/19/2001)

ORDER by Judge Emmet G. Sullivan : granting motion to approve a claim to share in Amtrak Management Settlement Fund [55-1] by plaintiffssssss; FILED UNDER SEAL, ROOM 1800 VAULT; (N) (clv) (Entered: 09/25/2001)

STATUS REPORT of class counsel to the Court as to Amtrak's compliance with terms of consent decree (aet) (Entered: 03/06/2002)

MOTION filed by plaintiff for enforcement of consent decree relating to compensation study ; exhibits (3); (SEALED) (td) (Entered: 04/16/2003)

MOTION filed by defendant NATL RAIL PASS CORP to file under seal ; attachment (1) (Filed under seal); EXHIBIT-RESPONSE (Lodged Under seal) (bm) (Entered: 05/12/2003)

REPLY by Non Party RICHARD ANTHONY MILLER in support of motion for enforcement of consent decree relating to compensation study [58-1]. (td) (Entered: 05/20/2003)

ORDER granting in part and denying in part 58 Plaintiffs' Motion to Enforce the Consent Decree, granting 59 Defendant's Motion to Seal. Signed by Judge Emmet G. Sullivan on March 30, 2004. (lcegs1) (Entered: 03/30/2004)

MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on March 30, 2004. (lcegs1) (Entered: 03/30/2004)

STIPULATION and Order by ANNETTE ALLEN, TRACEY BANKS, ELNORAH BARBOUR, WILLIAMS F. BROADUS, KEVIN BROOME, JOSEPH W. CARTER III, EUGENE DANDY, CHARLES DAVIS, LESLIE DUNNING, LORETTA EVANS, MICHAEL GOLDSMITH, JANET HARVEY, DEBORAH JOHNSON, ANN JONES, ETHEL KATO, DARRELL LATHAN, JOHN MCCARGO, ARTHUR LEON MCLAURIN, RICHARD ANTHONY MILLER, PAMELA MONTGOMERY, NATIONAL RAILROAD PASSENGER CORPORATION, ROBERTA PERRY, TIMOTHY POTTER, DIANE PENN ROSS, BRET A. SAMPLES, JOYCE TABB, SAMUEL TILLIE, BRETT TYLER, BRENDA WALKER, GREGORY WHITE, LORELL YATES. (Brown, Adrienne) (Entered: 11/24/2004)

MINUTE ORDER approving 63 Stipulation and Order. Signed by Judge Emmet G. Sullivan on November 26, 2004. (lcegs1) (Entered: 11/26/2004)

MINUTE ORDER approving 63 Stipulation and Order. Signed by Judge Emmet G. Sullivan on November 26, 2004. (lcegs1)

MOTION requesting the conditions and terms of the consent decree be granted by ALVIA L. LACY (Attachments: # 1 Leave to file, # 2 Table of Context, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D) "Let this be filed" by Judge Emmet G. Sullivan(jf, ) (Entered: 07/20/2010)

Memorandum in opposition to re 64 MOTION requesting the conditions and terms of the consent decree be granted filed by NATIONAL RAILROAD PASSENGER CORPORATION. (Reinert, Thomas) (Entered: 08/03/2010)

MEMORANDUM re 64 MOTION requesting the conditions and terms of the consent decree be granted filed by ALVIA L. LACY by ARTHUR LEON MCLAURIN. (Lieder, Michael) (Entered: 08/03/2010)

ORDER returning correspondence from Alvia L. Lacy. Signed by Judge Emmet G. Sullivan on August 9, 2010. (lcegs4) (Entered: 08/09/2010)

Letter from Alvia Lacy. "Let this be filed" by Judge Emmet G. Sullivan (jf, ) (Entered: 08/20/2010)

MOTION to Appoint Counsel by ALVIA L. LACY. "Let this be filed" by Judge Emmet G. Sullivan (jf, ) (Entered: 08/20/2010)

MINUTE ORDER. On November 2, 1999, this Court approved a final Consent Decree to resolve an employment discrimination class action involving African American management employees at Amtrak. This Consent Decree expired, by its terms, four years after its effective date - i.e., on November 2, 2003. Pending before the Court, however, is the motion of class member Alvia Lacy, pro se, requesting that "the conditions and terms of the consent decree be granted." Pl.'s Mot. at 1. In support of her motion, plaintiff has filed letters documenting Amtrak's denial of ten management positions to her between November 27, 2007 and May 13, 2010. See Ex. D to Pl.'s Mot. Plaintiff asserts that she is entitled to "back pay, punitive damages, compensatory damages for emotional distress, and job relief" because Defendant Amtrak purportedly failed "to honor the conditions and terms" of the Consent Decree. Pl.'s Mot. at 1. Upon consideration of plaintiff's motion, as well as the responses of Defendant Amtrak and class counsel for the underlying action, the Court hereby DENIES 64 plaintiff's motion. As discussed above, the Consent Decree that plaintiff seeks to enforce expired on November 2, 2003. Accordingly, plaintiff's motion is without merit. The Court notes, however, that this determination is made without prejudice to any applicable claims that plaintiff may have under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000 et seq., the Civil Rights Act of 1866, 42 U.S.C. Section 1981 et seq., and any other federal, state, or local statute with respect to plaintiff's employment relationship with Amtrak. Having dismissed plaintiff's motion, the Court hereby 69 DENIES plaintiff's request to appoint counsel as moot. Signed by Judge Emmet G. Sullivan on October 12, 2010. (lcegs1)

Letter from Alvia L. Lacy. "Let this be filed" by Judge Emmet G. Sullivan (jf, ) (Entered: 10/26/2010)

Mail Returned as undeliverable. sent to Andrew Rainer; Type of Document Returned: minute Order entered 10/12/10;. (clv, ) (Entered: 11/01/2010)

MOTION requesting evidence of financial hardship document be submitted to case by ALVIA L. LACY. "Let this be filed" by Emmet G. Sullivan (jf, ) (Entered: 11/30/2010)

MINUTE ORDER. On October 12, 2010, the Court entered a Minute Order in which it denied plaintiff's motion to enforce a November 2, 1999 Consent Decree explaining that "the Consent Decree that plaintiff seeks to enforce expired on November 2, 2003." The Court therefore DENIES 72 Plaintiff's Motion Requesting Evidence of Financial Hardship Document Be Submitted to Case as moot. Signed by Judge Emmet G. Sullivan on November 30, 2010. (lcegs1)