Case: Stewart v. Rubin

1:90-cv-02841 | U.S. District Court for the District of Columbia

Filed Date: Nov. 16, 1990

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On November 16, 1990, African-American agents of the Bureau of Alcohol, Tobacco, and Firearms (ATF) sued the agency, then a branch of the U.S. Department of the Treasury, in the United District Court for the District of Columbia (Chief Judge Royce C. Lamberth) alleging racial discrimination in hiring, promotion, benefits, and other aspects of employment. Several parties moved to intervene, including the Federal Housing Finance Agency, the A.T.F. Hispanic Agents' Association, the National Assoc…

On November 16, 1990, African-American agents of the Bureau of Alcohol, Tobacco, and Firearms (ATF) sued the agency, then a branch of the U.S. Department of the Treasury, in the United District Court for the District of Columbia (Chief Judge Royce C. Lamberth) alleging racial discrimination in hiring, promotion, benefits, and other aspects of employment.

Several parties moved to intervene, including the Federal Housing Finance Agency, the A.T.F. Hispanic Agents' Association, the National Association of Treasury Agents (NATA), andseveral dozen individual movants.

The Complaint

The complaint and amended complaints are not publicly available. However, according to a published district court order issued on November 21, 1996, current and former black special agents of the ATF filed a class action lawsuit alleging disparate impact and treatment based on race in promotions, discipline, awards, assignment, hiring, wrongful terminations, retaliation, and other areas. Stewart v. Rubin, 948 F. Supp. 1077 (D.D.C. 1996). The plaintiffs cited the Civil Rights Act of 1991, 42 U.S.C. §§ 2000e-16 et seq. and sought injunctive relief, retroactive promotions and tenure, back pay, compensatory damages, and attorneys' fees and costs.

On November 21, 1996, the District Court certified a class under Fed. R. Civ. P. 23(b)(2) of "all African-American individuals who were ATF Special Agents in the GS-1811 Series at any time between December 25, 1983 and the Entry of Judgment in the District Court." Stewart v. Rubin, 948 F. Supp. 1077 (D.D.C. 1996). The Court also gave final approval to a settlement agreement under the strict scrutiny standard of Section 108 of the Civil Rights Act of 1991, 42 U.S.C. § 2000e-2(n)., which precluded future challenges to the terms of the settlement.

The settlement included $4.7 million in damages for back pay, mental anguish, and pain and suffering. The defendants were also to pay $1.2 million in attorneys' fees for the lawsuit and up to $150,000 for costs of administering the settlement. The settlement included non-monetary relief, which required the ATF to develop a revised hiring and promotion policy, among other . The ATF's director would be the final arbiter of any decisions, although a "recommending official" selected by mutual consent of both parties would participate in decisions. The ATF was also required to collaborate with the plaintiffs' expert in developing a new promotion policy.

Intervention

The November 1996 opinion also dealt with intervenors' motions. Several hundred non-class members challenged the settlement, including Hispanic agents and white agents who alleged the settlement would adversely affect them. However, the District Court dismissed these motions for untimeliness and lack of standing. On May 22, 1997, in an unpublished table opinion in the Federal Reporter, the U.S. Court of Appeals for the District of Columbia upheld the District Court's denial of the motions to intervene. See Stewart v. Rubin, 124 F.3d 1309 (C.A.D.C. 1997).

Disagreement Over Compliance With The Settlement

On July 1, 1999, in an unpublished opinion, the District Court denied the plaintiffs' motion for an order to enforce the terms of the settlement. The ATF was laterally transfering field agents to headquarters. The plaintiffs alleged this violated the settlement agreement because it required competitive promotions for headquarters positions, rather than lateral transfers. However, the court found that transfers to headquarters were not "promotions" within the terms of the agreement because they did not increase pay grade.

On September 3, 2002, the District Court denied the plaintiffs' motion to hold the Treasury Department Secretary in contempt for failure to comply with the settlement. Stewart v. O'Neill, 225 F. Supp. 2d 6 (D.D.C. 2002). The Court held that there was no basis for extending its jurisdiction over the settlement agreement, which had since lapsed, and that the defendant had breached the agreement only in failing to timely provide statistical reports, which did not justify a contempt order.

On September 21, 2004, in an unpublished order, the District Court entered final judgment, in order to allow an appeal. The plaintiffs' motion for final judgment outlines many allegations against the Treasury Department as to why it should have been held in contempt. On April 1, 2009, the Court of Appeals for the District of Columbia, in an unpublished order, dismissed the plaintiffs' appeal. This is the last entry on the docket.

Summary Authors

Eric Weiler (8/15/2010)

Related Cases

Moore v. Chertoff, District of Columbia (2000)

Contreras v. Ridge, District of Columbia (2002)

Moore v. Summers, District of Columbia (2000)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10085966/parties/stewart-v-oneill/


Judge(s)

Lamberth, Royce C. (District of Columbia)

Tatel, David S. (District of Columbia)

Wald, Patricia McGowan (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Douglass, Alvin (District of Columbia)

Esser, Karen (District of Columbia)

Hochberg, Jerome (District of Columbia)

Maddox, John (District of Columbia)

Morrison, James (District of Columbia)

Pollack, Michael J. (Virginia)

Judge(s)

Lamberth, Royce C. (District of Columbia)

Tatel, David S. (District of Columbia)

Wald, Patricia McGowan (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Douglass, Alvin (District of Columbia)

Esser, Karen (District of Columbia)

Hochberg, Jerome (District of Columbia)

Maddox, John (District of Columbia)

Morrison, James (District of Columbia)

Pollack, Michael J. (Virginia)

Riselli, Michael J (Virginia)

Sampson, Richard (Maryland)

Schmidt, Ronald A. (District of Columbia)

Shaffer, David J. (District of Columbia)

Wilson, Jerusa (District of Columbia)

Attorneys(s) for Defendant

Ambrosino, Michael (District of Columbia)

Dempster, William (Maryland)

Rider, Sally (District of Columbia)

Thomas, Roderick (District of Columbia)

Weinstein, Laurie J. (District of Columbia)

Zane, Daria Jean (District of Columbia)

Other Attorney(s)

Clay, Thomas E. (Kentucky)

Davis, John W. (District of Columbia)

Davis [inactive], John W. (District of Columbia)

Laponsky, Mark (District of Columbia)

Randle, Prather (Tennessee)

Sanders, Robert Ernest (North Carolina)

Expert/Monitor/Master

Herrera, Jose M. (Florida)

Documents in the Clearinghouse

Document

1:90-cv-02841

Docket (PACER)

Stewart v. Rubin [O'Neill]

April 2, 2009

April 2, 2009

Docket
511

1:90-cv-02841

Findings Of Fact And Conclusions Of Law [Certifying Class; Approving Settlement Agreement; Denying Motions To Intervene]

948 F.Supp. 1077

Nov. 21, 1996

Nov. 21, 1996

Order/Opinion

96-05377

Order [Upholding District Court Order Denying Right To Intervene]

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

124 F.3d 1309

May 22, 1997

May 22, 1997

Order/Opinion
533

1:90-cv-02841

Memorandum Opinion [Denying Plaintiffs' Motion For An Order Requiring Defendants To Comply With The Settlement Agreement]

Stewart v. Rubin [O'Neill]

July 1, 1999

July 1, 1999

Order/Opinion
567

1:90-cv-02841

Memorandum Opinion And Order [Denying Plaintiffs' Motion To Hold Defendants In Contempt For Violating Settlemetn Agreement]

Stewart v. O'Neill [Rubin]

225 F.Supp.2d 6

Sept. 3, 2002

Sept. 3, 2002

Order/Opinion
568

1:90-cv-02841

1:00-cv-00953

1:02-cv-00923

Memorandum Opinion And Order [Denying Motion To Consolidate With Customs Service Case]

Stewart v. O'Neill [Rubin]

225 F.Supp.2d 16

Sept. 3, 2002

Sept. 3, 2002

Order/Opinion
577

1:90-cv-02841

[Plaintiffs'] Motion For Entry Of Judgment Pursuant To Rule 54(b)

Stewart v. Ashcroft [Rubin; O'Neill]

July 28, 2004

July 28, 2004

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10085966/stewart-v-oneill/

Last updated July 24, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed summons (3) issued (ew) Modified on 11/23/1990 (Entered: 11/20/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
2

RETURN OF SERVICE executed 11/19/90 upon the U.S. Attorney personally upon Ms. Rivers (ks) (Entered: 11/20/1990)

Nov. 20, 1990

Nov. 20, 1990

PACER
3

AFFIDAVIT OF SERVICE of summons and complaint by certified mail on 11/19/90; Attachment (1) (ks) (Entered: 11/27/1990)

Nov. 27, 1990

Nov. 27, 1990

PACER
4

ANSWER for defendant NICHOLAS F. BRADY, (ks) (Entered: 01/22/1991)

Jan. 18, 1991

Jan. 18, 1991

PACER

Utility - Miscellaneous

Jan. 18, 1991

Jan. 18, 1991

PACER

CALENDARED (ks)

Jan. 18, 1991

Jan. 18, 1991

PACER

Calendar Entry

Jan. 30, 1991

Jan. 30, 1991

PACER

SCHEDULING NOTICE: status hearing set for 9:45 2/8/91 ; (fle)

Jan. 30, 1991

Jan. 30, 1991

PACER
5

ORDER by Judge Royce C. Lamberth : plainatiff's to file motion for extension of time to file motion for class certification due by 2/19/91 (N) (ks) (Entered: 02/13/1991)

Feb. 8, 1991

Feb. 8, 1991

PACER
6

MOTION by plaintiff LARRY D. STEWART, plaintiff MARK JONES to extend time to 3/6/91 in which to move for class certification (ajr) (Entered: 02/15/1991)

Feb. 14, 1991

Feb. 14, 1991

PACER
7

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 3/6/91 in which to move for class certification [6-1] by MARK JONES, LARRY D. STEWART (N) (ks) (Entered: 02/19/1991)

Feb. 15, 1991

Feb. 15, 1991

PACER
8

MOTION by plaintiff LARRY D. STEWART, plaintiff MARK JONES to order mediation (ks) (Entered: 02/26/1991)

Feb. 25, 1991

Feb. 25, 1991

PACER
9

NOTICE OF FILING by plaintiff LARRY D. STEWART, plaintiff MARK JONES of withdrawal of motion to order mediation (ks) (Entered: 03/05/1991)

March 5, 1991

March 5, 1991

PACER
10

MOTION by plaintiff LARRY D. STEWART, plaintiff MARK JONES to extend time to file motion for class certification to 3/22/91 (ks) (Entered: 03/07/1991)

March 6, 1991

March 6, 1991

PACER
11

ORDER by Judge Royce C. Lamberth : granting motion to extend time to file motion for class certification to 3/22/91 [10-1] by MARK JONES, LARRY D. STEWART (N) (ks) (Entered: 03/08/1991)

March 7, 1991

March 7, 1991

PACER
12

MOTION by defendant NICHOLAS F. BRADY to extend time to respond to plaintiff's discovery to 3/22/91 (ks) (Entered: 03/13/1991)

March 12, 1991

March 12, 1991

PACER
13

ORDER by Judge Royce C. Lamberth : granting motion to extend time to respond to plaintiff's discovery to 3/22/91 [12-1] by NICHOLAS F. BRADY (N) (ks) (Entered: 03/14/1991)

March 13, 1991

March 13, 1991

PACER
14

JOINT MOTION by plaintiff, defendant to extend time to file a motion for class certification to 3/29/91 (ks) (Entered: 03/22/1991)

March 22, 1991

March 22, 1991

PACER
15

JOINT MOTION by plaintiff, defendant to extend time to file a motion to extend time to 4/12/91 (ks) (Entered: 04/02/1991)

March 29, 1991

March 29, 1991

PACER
16

ORDER by Judge Royce C. Lamberth : granting joint motion to extend time to file a motion to extend time to 4/12/91 [15-1] by NICHOLAS F. BRADY, MARK JONES, LARRY D. STEWART (N) (ks) (Entered: 04/02/1991)

March 29, 1991

March 29, 1991

PACER
18

JOINT MOTION by plaintiff, defendant to extend time to 4/26/91 for plaintiff to file motion for extension of time to file motion for class certification (ks) (Entered: 04/16/1991)

April 12, 1991

April 12, 1991

PACER
17

ORDER by Judge Royce C. Lamberth : granting joint motion to extend time to file a motion for class certification to 3/29/91 [14-1] by NICHOLAS F. BRADY, MARK JONES, LARRY D. STEWART (N) (ks) (Entered: 04/16/1991)

April 15, 1991

April 15, 1991

PACER
19

MOTION by plaintiff's counsel Michael J. Riselli to withdraw as attorney for LARRY D. STEWART, MARK JONES (ks) (Entered: 04/29/1991)

April 26, 1991

April 26, 1991

PACER
20

MOTION by defendant NICHOLAS F. BRADY to extend time to file a response to plaintiff's interrogatories and request for production of documents to 5/3/91 (ks) (Entered: 04/29/1991)

April 26, 1991

April 26, 1991

PACER
21

MOTION by defendant NICHOLAS F. BRADY to strike class allegations (ks) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

PACER
22

MOTION by defendant NICHOLAS F. BRADY for protective order Exhibit (1) (ks) (Entered: 05/06/1991)

May 3, 1991

May 3, 1991

PACER
23

ATTORNEY APPEARANCE for plaintiff MARK JONES, defendant NICHOLAS F. BRADY by Alvin Gilbert Douglass (dot) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

PACER

Status Conference

May 21, 1991

May 21, 1991

PACER

STATUS HEARING before Judge Royce C. Lamberth : motion by Michael Riselli, Esq. to withdraw as counsel for plaintiffs granted; plaintiffs' motion due 5/24/91 ; defendant's response to motion due 5/31/91; plaintiffs' reply to response to motion due 6/7/91 reporter: C. Gansle (ab)

May 21, 1991

May 21, 1991

PACER
24

ORDER by Judge Royce C. Lamberth : granting motion to withdraw as attorney for LARRY D. STEWART, MARK JONES [19-1] by LARRY D. STEWART, MARK JONES attorney Michael James Riselli for MARK JONES, attorney Michael James Riselli for LARRY D. STEWART (N) (cjp) (Entered: 05/22/1991)

May 22, 1991

May 22, 1991

PACER
25

ORDER by Judge Royce C. Lamberth : granting motion to extend time to file a response to discovery until resolution of outstanding motion for protective order is granted [20-1] by NICHOLAS F. BRADY plaintiffs shall oppose motion to strike class allegations; oppose defendant's pending motion for protective order and file a motion for extension of time in which to file a motion for class certification by 5/24/91 ; defendant shall reply to plaintiffs' oppositions and oppose plaintiffs' motion for extension of time in which to file a motion for class certification by 5/31/91 ; plaintiff's shall reply to defendant's opposition to their motion for extension of time to file a motion for class certification due 6/7/91 ; (N) (cjp) (Entered: 05/22/1991)

May 22, 1991

May 22, 1991

PACER
26

MOTION by plaintiff LARRY D. STEWART, plaintiff MARK JONES for order compelling defendant to respond to outstanding discovery, to extend time to move for certification of a class up to 60 days following defendant's response ; exhibits (2) (mbd) Modified on 06/01/1991 (Entered: 06/01/1991)

May 24, 1991

May 24, 1991

PACER
27

RESPONSE by defendant NICHOLAS F. BRADY to motion for order compelling defendant to respond to outstanding discovery [26-1] by MARK JONES, LARRY D. STEWART and to the motion to extend time to move for certification of a class up to 60 days following defendant's response [26-2] by MARK JONES, LARRY D. STEWART; attachment (clv) (Entered: 06/06/1991)

May 31, 1991

May 31, 1991

PACER
28

MOTION by plaintiff LARRY D. STEWART, plaintiff MARK JONES to extend time to 6/11/91 which to file reply to defendant's memorandum of points and authorities in opposition to plaintffs' combined motion for order compelling defendant to respond to the outstanding discovery and to move for certification of a class (dot) (Entered: 06/10/1991)

June 7, 1991

June 7, 1991

PACER
29

REPLY by plaintiff LARRY D. STEWART, plaintiff MARK JONES to response to motion response [27-1] by NICHOLAS F. BRADY to plaintiffs' combined motion for an order compelling defendant to respond to the outstanding discovery and seeking an enlargement of time in which to move for certifiction of a class (dot) (Entered: 06/17/1991)

June 10, 1991

June 10, 1991

PACER
30

MOTION filed by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART for leave to file an amended and supplemental complaint ; EXHIBIT (FIRST AMENDED AND SUPPLEMENTAL COMPLAINT) (adc) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

PACER
31

MOTION filed by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART to set scheduling conference (adc) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

PACER
32

ATTORNEY APPEARANCE for plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART by David James Shaffer, Richard T. Sampson (adc) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

PACER
33

ORDER by Judge Royce C. Lamberth : denying without prejudice motion to strike class allegations [21-1] by NICHOLAS F. BRADY (N) (fle) (Entered: 01/26/1993)

Jan. 26, 1993

Jan. 26, 1993

PACER
34

ORDER by Judge Royce C. Lamberth : status hearing set for 4:00 1/28/93 ; (N) (fle) (Entered: 01/26/1993)

Jan. 26, 1993

Jan. 26, 1993

PACER
35

MOTION filed by defendant NICHOLAS F. BRADY to extend time to 2/25/93 within which to respond to plaintiff's motion for leave to file an amended and supplemental complaint (adc) (Entered: 01/27/1993)

Jan. 26, 1993

Jan. 26, 1993

PACER
36

ORDER by Judge Royce C. Lamberth : granting motion to extend time to file a response to plaintiff's interrogatories and request for production of documents to 5/3/91, nunc pro tunc, and defendant's motion for protective order filed 5/3/91 shall be deemed timely filed [20-1] by NICHOLAS F. BRADY (N) (adc) (Entered: 01/28/1993)

Jan. 26, 1993

Jan. 26, 1993

PACER

Status Conference

Jan. 28, 1993

Jan. 28, 1993

PACER

STATUS HEARING before Judge Royce C. Lamberth : (Reporter: Theresa Sorensen) (mal)

Jan. 28, 1993

Jan. 28, 1993

PACER
37

SUPPLEMENTAL MEMORANDUM by plaintiffs in opposition to motion for protective order [22-1] by NICHOLAS F. BRADY, motion to strike class allegations [21-1] by NICHOLAS F. BRADY; attachments (adc) (Entered: 01/29/1993)

Jan. 28, 1993

Jan. 28, 1993

PACER
38

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 2/25/93 within which to respond to plaintiff's motion for leave to file an amended and supplemental complaint [35-1] by NICHOLAS F. BRADY (N) (adc) (Entered: 02/01/1993)

Jan. 28, 1993

Jan. 28, 1993

PACER
39

ORDER by Judge Royce C. Lamberth : vacating motion for protective order [22-1] discovery due 4/28/93 ; motion for class certification due 6/28/93 ; plaintiff's shall file a replacement set of interrogatories, as well as any replacement to requests for production of documents by 2/5/93 and defendant shall respond to interrogatories and request for production of documents by 3/8/93 (N) (adc) (Entered: 02/01/1993)

Jan. 28, 1993

Jan. 28, 1993

PACER
40

REQUEST (second) by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART to defendant NICHOLAS F. BRADY for production of documents (dot) (Entered: 02/05/1993)

Feb. 5, 1993

Feb. 5, 1993

PACER
41

INTERROGATORIES filed (second) by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART to defendant NICHOLAS F. BRADY (dot) (Entered: 02/05/1993)

Feb. 5, 1993

Feb. 5, 1993

PACER
42

RESPONSE by defendant NICHOLAS F. BRADY in opposition to motion for leave to file an amended and supplemental complaint [30-1] by LARRY D. STEWART, MARK JONES (adc) (Entered: 02/26/1993)

Feb. 25, 1993

Feb. 25, 1993

PACER
43

NOTICE TO TAKE DEPOSITION by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART of Bureau of Alcohol, tobacco and Firearms on 3/11/93 at 10:00 a.m., at the offices of Semmes, Bowen & Semmes (adc) (Entered: 02/26/1993)

Feb. 25, 1993

Feb. 25, 1993

PACER
44

NOTICE TO TAKE DEPOSITION (amended) by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART of The Bureau of Alcohol, Tobacco and Firearms (dot) (Entered: 03/04/1993)

March 3, 1993

March 3, 1993

PACER
45

REQUEST (joint) by defendant NICHOLAS F. BRADY, plaintiff(s) MARK JONES, and LARRY D. STEWART for protective order in regards to the use of materials through discovery (adc) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

PACER
46

REPLY by plaintiff(s) MARK JONES, and LARRY D. STEWART to defendant's response to motion for leave to file an amended and supplemental complaint [30-1] by LARRY D. STEWART, MARK JONES; exhibits (A-N) (adc) (Entered: 03/10/1993)

March 9, 1993

March 9, 1993

PACER
47

NOTICE TO TAKE DEPOSITION (amended) by plaintiff(s) LARRY D. STEWART of the Bureau of Alcohol, Tobacco and Firearms on 4/2/93 at 10:00 a.m., at the office of Semmes, Bowen & Semmes (adc) (Entered: 03/25/1993)

March 25, 1993

March 25, 1993

PACER
48

REQUEST by plaintiff(s) MARK JONES, and LARRY D. STEWART to defendant NICHOLAS F. BRADY for production of documents (adc) (Entered: 03/29/1993)

March 26, 1993

March 26, 1993

PACER
49

INTERROGATORIES (third set) filed by plaintiff(s) MARK JONES, and LARRY D. STEWART to defendant NICHOLAS F. BRADY (adc) (Entered: 03/29/1993)

March 26, 1993

March 26, 1993

PACER
50

REQUEST (first set) by plaintiff(s) MARK JONES, and LARRY D. STEWART for admissions for defendant NICHOLAS F. BRADY (adc) (Entered: 03/29/1993)

March 26, 1993

March 26, 1993

PACER
51

NOTICE TO TAKE DEPOSITION (amended) by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART of The Bureau of Alcohol, Tobacco and Firearms on 4/6/93 at 10:00 a.m., at the office of Semmes, Bowen & Semmes (adc) (Entered: 03/30/1993)

March 29, 1993

March 29, 1993

PACER
52

NOTICE OF FILING by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART the attached memorandum dated 1/26/93 as Tab A to plaintiff's third set of interrogatories which was filed 3/26/93 (adc) (Entered: 03/30/1993)

March 29, 1993

March 29, 1993

PACER
53

NOTICE OF FILING by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART the attached certificate of service, which ws inadvertently omitted from plaintiff's third set of interrogatories, first set of request for admission and third request for production of documents filed on 3/26/93 (adc) (Entered: 03/30/1993)

March 29, 1993

March 29, 1993

PACER
54

NOTICE TO TAKE DEPOSITION by plaintiff(s) LARRY D. STEWART of OPM on 4/12/93 at 2:00 p.m., at the office of Semmes, Bowen & Semmes (adc) (Entered: 04/06/1993)

April 6, 1993

April 6, 1993

PACER
55

NOTICE TO TAKE DEPOSITION by plaintiff(s) LARRY D. STEWART of OPM on 4/12/93 at 10:00 a.m., at the office of Semmes, Bowen & Semmes (adc) (Entered: 04/06/1993)

April 6, 1993

April 6, 1993

PACER
56

REQUEST by defendant NICHOLAS F. BRADY, and plaintiff(s) MARK JONES, and LARRY D. STEWART for protective order (adc) (Entered: 04/08/1993)

April 7, 1993

April 7, 1993

PACER
57

LIMITED PROTECTIVE ORDER by Judge Royce C. Lamberth : setting forth terms for handeling confidential material; allowing certain designated material to be filed under seal.(N) (fle) (Entered: 04/08/1993)

April 8, 1993

April 8, 1993

PACER
58

MOTION filed by plaintiff(s) MARK JONES and LARRY D. STEWART to extend time an additional two weeks to respond to defendant's first interrogatories regarding class certification (adc) (Entered: 04/13/1993)

April 12, 1993

April 12, 1993

PACER
59

ORDER by Judge Royce C. Lamberth : granting motion to extend time an additional two weeks to respond to defendant's first interrogatories regarding class certification [58-1] by LARRY D. STEWART, MARK JONES (N) (fle) (Entered: 04/14/1993)

April 14, 1993

April 14, 1993

PACER
60

RESPONSE by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART to request for production of documents (adc) (Entered: 04/20/1993)

April 19, 1993

April 19, 1993

PACER
61

ANSWER by plaintiff(s) MARK JONES to interrogatories (adc) (Entered: 04/20/1993)

April 19, 1993

April 19, 1993

PACER
62

ANSWER by plaintiff(s) LARRY D. STEWART to interrogatories (adc) (Entered: 04/20/1993)

April 19, 1993

April 19, 1993

PACER
65

ANSWER by plaintiff(s) WENDY L. CARTER to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
66

ANSWER by plaintiff(s) JOHN C. ROSS to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
67

ANSWER by plaintiff(s) VANESSA L. MCLEMORE to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
68

ANSWER by plaintiff(s) KENNETH V. FEATHERSTONE to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
69

ANSWER by plaintiff(s) KIMBERLY R. MORTON to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
70

ANSWER by plaintiff(s) WILLIAM E. NEWBERRY to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
71

ANSWER by plaintiff(s) WENDELL B. ROBERTS to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
72

ANSWER by plaintiff(s) CHARLES STEPHEN PARRIS to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
73

ANSWER by plaintiff(s) CURTIS COOPER to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
74

ANSWER by plaintiff(s) JOE E. BARNES JR. to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
75

ANSWER by plaintiff(s) DONDI O. ALBRITTON to defendant's interrogatories (adc) (Entered: 04/22/1993)

April 19, 1993

April 19, 1993

PACER
63

MEMORANDUM AND ORDER by Judge Royce C. Lamberth : granting motion for leave to file an amended and supplemental complaint [30-1] by LARRY D. STEWART, MARK JONES (adc) (Entered: 04/22/1993)

April 22, 1993

April 22, 1993

PACER
64

AMENDED COMPLAINT by plaintiff(s) MARK JONES, plaintiff(s) LARRY D. STEWART adding DONDI O. ALBRITTON, JOHN C. ROSS, WILLIAM E. NEWBERRY, VANESSA L. MCLEMORE, WENDELL B. ROBERTS, JOE E. BARNES JR., KIMBERLY R. MORTON, WENDY L. CARTER, CURTIS COOPER, CHARLES STEPHEN PARRIS, SIM B. MOORE JR., KENNETH V. FEATHERSTONE, ARTHUR L. JONES amending complaint [1-1] (adc) (Entered: 04/22/1993)

April 22, 1993

April 22, 1993

PACER
76

ANSWER by plaintiff(s) SIM B. MOORE JR. to interrogatories (adc) (Entered: 04/27/1993)

April 26, 1993

April 26, 1993

PACER
77

ANSWER by plaintiff(s) ARTHUR L. JONES to interrogatories (adc) (Entered: 04/27/1993)

April 26, 1993

April 26, 1993

PACER
78

JOINT MOTION by defendant, plaintiff(s) to extend time to 6/30/93 the discovery cutoff for class certification and until 7/30/93 for plaintiffs to file motion for class certification (adc) (Entered: 04/28/1993)

April 27, 1993

April 27, 1993

PACER
79

SUBSTITUTION OF COUNSEL for defendant NICHOLAS F. BRADY, substituting for attorney William James Dempster for NICHOLAS F. BRADY (adc) (Entered: 04/28/1993)

April 27, 1993

April 27, 1993

PACER
80

NOTICE TO TAKE DEPOSITION of Stephen Higgins by plaintiff(s) on 5/19/93 at 10:00 a.m. (adc) (Entered: 04/29/1993)

April 28, 1993

April 28, 1993

PACER
81

MOTION filed by plaintiff(s) to compel defendant to answer more fully and completely plaintiffs' second set of interrogatories and second set of requests for production of documents (pob) (Entered: 05/04/1993)

April 30, 1993

April 30, 1993

PACER
82

NOTICE OF FILING by plaintiff(s) adding exhibits A and B to plaintiffs' memorandum in support of motion to compel discovery filed 4/30/93; exhibits (2) (adc) (Entered: 05/04/1993)

April 30, 1993

April 30, 1993

PACER
83

ORDER by Judge Royce C. Lamberth : granting joint motion to extend time to 6/30/93 the discovery cutoff for class certification and until 7/30/93 for plaintiffs to file motion for class certification [78-1] by plaintiff(s), defendant (N) (adc) (Entered: 05/05/1993)

May 3, 1993

May 3, 1993

PACER
84

MOTION filed by defendant NICHOLAS F. BRADY to extend time to 5/12/93 to respond to plaintiff's first amended and supplemental complaint (adc) (Entered: 05/07/1993)

May 6, 1993

May 6, 1993

PACER
85

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 5/12/93 to respond to plaintiff's first amended and supplemental complaint [84-1] by NICHOLAS F. BRADY (N) (fle) (Entered: 05/10/1993)

May 10, 1993

May 10, 1993

PACER
86

MOTION filed by defendant NICHOLAS F. BRADY to extend time to 5/13/93 within which to respond to plaintiffs' motion to compel (adc) (Entered: 05/12/1993)

May 11, 1993

May 11, 1993

PACER
87

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 5/13/93 within which to respond to plaintiffs' motion to compel [86-1] by NICHOLAS F. BRADY (N) (adc) (Entered: 05/12/1993)

May 12, 1993

May 12, 1993

PACER
88

ANSWER by defendant NICHOLAS F. BRADY to amended complaint (adc) (Entered: 05/13/1993)

May 12, 1993

May 12, 1993

PACER
89

RESPONSE by defendant NICHOLAS F. BRADY to (second) request for production of documents (adc) (Entered: 05/14/1993)

May 13, 1993

May 13, 1993

PACER
90

ANSWER by defendant NICHOLAS F. BRADY to (second set) interrogatories (adc) (Entered: 05/14/1993)

May 13, 1993

May 13, 1993

PACER
91

MOTION filed by plaintiff(s) for leave to file a second amended complaint ; exhibits (1-3) and EXHIBIT 4 (AMENDED COMPLAINT) (adc) (Entered: 05/14/1993)

May 13, 1993

May 13, 1993

PACER
92

REQUEST (fourth) by plaintiff(s) to defendant NICHOLAS F. BRADY for production of documents (adc) (Entered: 05/14/1993)

May 13, 1993

May 13, 1993

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Nov. 16, 1990

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

current and former African-American enforcement GS-1811 series Special Agents employed by the Bureau of Alcohol, Tobacco, and Firearms (ATF)

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Bureau of Alcohol,Tobacco, and Firearms (ATF), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

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

Amount Defendant Pays: $6m

Order Duration: 1996 - 2001

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Promotion

Retaliation Prohibition

Utilize objective hiring/promotion criteria

Utilize objective job description

Issues

General:

Disparate Impact

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black