Case: Stewart v. Rubin

1:90-cv-02841 | U.S. District Court for the District of 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 District of Columbia (2000)

Contreras v. Ridge, District of District of Columbia (2002)

Moore v. Summers, District of District of Columbia (2000)

People

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


Judge(s)
Attorney for Plaintiff

Esser, Karen Rapaport (District of Columbia)

Attorney for Defendant

Ambrosino, Michael Thomas (District of Columbia)

Dempster, William James (District of Columbia)

Douglass, Alvin Gilbert (District of Columbia)

Expert/Monitor/Master/Other

Davis, John Wesley (District of Columbia)

Documents in the Clearinghouse

Documents in this case

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]

Nov. 21, 1996

Nov. 21, 1996

Order/Opinion

948 F.Supp. 1077

96-05377

Order [Upholding District Court Order Denying Right To Intervene]

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

May 22, 1997

May 22, 1997

Order/Opinion

124 F.3d 1309

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]

Sept. 3, 2002

Sept. 3, 2002

Order/Opinion

225 F.Supp.2d 6

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]

Sept. 3, 2002

Sept. 3, 2002

Order/Opinion

225 F.Supp.2d 16

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

Docket

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

Last updated July 12, 2026, 6:26 a.m.

Docket for: STEWART v. O'NEILL
ECF Number Date Description Link
1 Nov. 16, 1990

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

RECAP
2 Nov. 20, 1990

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

RECAP
3 Nov. 27, 1990

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

RECAP
4 Jan. 18, 1991

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

RECAP
Jan. 18, 1991

Utility - Miscellaneous

Jan. 18, 1991

CALENDARED (ks)

Jan. 30, 1991

Calendar Entry

Jan. 30, 1991

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

5 Feb. 8, 1991

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)

RECAP
6 Feb. 14, 1991

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)

RECAP
7 Feb. 15, 1991

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)

RECAP
8 Feb. 25, 1991

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

RECAP
9 March 5, 1991

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

RECAP
10 March 6, 1991

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)

RECAP
11 March 7, 1991

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)

RECAP
12 March 12, 1991

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

RECAP
13 March 13, 1991

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)

RECAP
14 March 22, 1991

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

RECAP
15 March 29, 1991

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

RECAP
16 March 29, 1991

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)

RECAP
18 April 12, 1991

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)

RECAP
17 April 15, 1991

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)

RECAP
19 April 26, 1991

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

RECAP
20 April 26, 1991

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)

RECAP
21 May 3, 1991

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

RECAP
22 May 3, 1991

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

RECAP
23 May 20, 1991

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

RECAP
May 21, 1991

Status Conference

May 21, 1991

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)

24 May 22, 1991

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)

RECAP
25 May 22, 1991

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)

RECAP
26 May 24, 1991

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)

RECAP
27 May 31, 1991

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)

RECAP
28 June 7, 1991

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)

RECAP
29 June 10, 1991

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)

RECAP
30 Jan. 15, 1993

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)

RECAP
31 Jan. 15, 1993

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

RECAP
32 Jan. 15, 1993

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

RECAP
33 Jan. 26, 1993

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)

RECAP
34 Jan. 26, 1993

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

RECAP
35 Jan. 26, 1993

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)

RECAP
36 Jan. 26, 1993

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)

RECAP
37 Jan. 28, 1993

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)

RECAP
38 Jan. 28, 1993

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)

RECAP
39 Jan. 28, 1993

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)

RECAP
Jan. 28, 1993

Status Conference

Jan. 28, 1993

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

40 Feb. 5, 1993

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)

RECAP
41 Feb. 5, 1993

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

RECAP
42 Feb. 25, 1993

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)

RECAP
43 Feb. 25, 1993

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)

RECAP
44 March 3, 1993

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)

RECAP
45 March 5, 1993

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)

RECAP
46 March 9, 1993

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)

RECAP
47 March 25, 1993

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)

RECAP
48 March 26, 1993

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

RECAP
49 March 26, 1993

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

RECAP
50 March 26, 1993

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

RECAP
51 March 29, 1993

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)

RECAP
52 March 29, 1993

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)

RECAP
53 March 29, 1993

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)

RECAP
54 April 6, 1993

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)

RECAP
55 April 6, 1993

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)

RECAP
56 April 7, 1993

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

RECAP
57 April 8, 1993

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)

RECAP
58 April 12, 1993

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)

RECAP
59 April 14, 1993

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)

RECAP
60 April 19, 1993

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

RECAP
61 April 19, 1993

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

RECAP
62 April 19, 1993

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

RECAP
65 April 19, 1993

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

RECAP
66 April 19, 1993

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

RECAP
67 April 19, 1993

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

RECAP
68 April 19, 1993

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

RECAP
69 April 19, 1993

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

RECAP
70 April 19, 1993

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

RECAP
71 April 19, 1993

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

RECAP
72 April 19, 1993

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

RECAP
73 April 19, 1993

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

RECAP
74 April 19, 1993

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

RECAP
75 April 19, 1993

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

RECAP
63 April 22, 1993

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)

RECAP
64 April 22, 1993

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)

RECAP
76 April 26, 1993

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

RECAP
77 April 26, 1993

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

RECAP
78 April 27, 1993

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)

RECAP
79 April 27, 1993

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

RECAP
80 April 28, 1993

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

RECAP
81 April 30, 1993

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)

RECAP
82 April 30, 1993

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)

RECAP
83 May 3, 1993

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)

RECAP
84 May 6, 1993

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)

RECAP
85 May 10, 1993

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)

RECAP
86 May 11, 1993

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)

RECAP
87 May 12, 1993

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)

RECAP
88 May 12, 1993

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

RECAP
89 May 13, 1993

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

RECAP
90 May 13, 1993

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

RECAP
91 May 13, 1993

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)

RECAP
92 May 13, 1993

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

RECAP

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

Federal

Bureau of Alcohol,Tobacco, and Firearms (ATF)

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Other Dockets:

District of District of Columbia 1:90-cv-02841

District of District of Columbia 1:00-cv-00953

District of District of Columbia 1:02-cv-00923

U.S. Court of Appeals for the District of Columbia Circuit 96-05377

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

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

Amount Defendant Pays: $6m

Order Duration: 1996 - 2001

Issues

General/Misc.:

Retaliation

Discrimination Area:

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

Discharge / Constructive Discharge / Layoff

Discipline

Disparate Impact

Disparate Treatment

Harassment / Hostile Work Environment

Hiring

Promotion

Training

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation