Case: Grant v. Riley

1:00-cv-01595 | U.S. District Court for the District of Columbia

Filed Date: July 5, 2000

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On July 5, 2000, six current or former employees of the Department of Education (DOE) filed a lawsuit under 42 U.S.C. §2000e et seq., the Civil Rights Act of 1964, against the DOE in the United States District Court for the District of Columbia. The plaintiffs, represented by private counsel, sought monetary damages and injunctive relief on behalf of all African-Americans--not of Hispanic descent--who were employed at the DOE and who were permanently stationed at the DOE headquarters in the com…

On July 5, 2000, six current or former employees of the Department of Education (DOE) filed a lawsuit under 42 U.S.C. §2000e et seq., the Civil Rights Act of 1964, against the DOE in the United States District Court for the District of Columbia. The plaintiffs, represented by private counsel, sought monetary damages and injunctive relief on behalf of all African-Americans--not of Hispanic descent--who were employed at the DOE and who were permanently stationed at the DOE headquarters in the competitive service at grades 11-5 at any point from February 4, 1991 to July 7, 2000.

One day after the complaint was filed, the parties submitted a joint motion for preliminary approval of a settlement agreement. On December 8, 2000, the Court (Judge James Robertson) entered an order certifying the plaintiff class and approving the class settlement.

The settlement agreement was not available, but from the docket it is clear that it established that 34 of the class members receive a prospective promotion. On May 15, 2001, the Court granted plaintiffs' motion for partial distribution of the class settlement fund, authorizing class counsel to distribute a payment of $20,000 to each of the 13 Steering Committee members identified in the settlement agreement.

The court retained jurisdiction for four years from the date of the settlement's approval. The case is now closed.

Summary Authors

Jordan Rossen (8/31/2010)

People


Judge(s)

Robertson, James (District of Columbia)

Attorneys(s) for Plaintiff

Buchanan, Avis E. (District of Columbia)

Lee, Harry (District of Columbia)

Attorneys(s) for Defendant

Kirschner, William R. (District of Columbia)

Rivera, Jennifer R. (District of Columbia)

Von Baxter, Felix (District of Columbia)

Judge(s)

Robertson, James (District of Columbia)

Attorneys(s) for Plaintiff

Buchanan, Avis E. (District of Columbia)

Lee, Harry (District of Columbia)

Attorneys(s) for Defendant

Kirschner, William R. (District of Columbia)

Rivera, Jennifer R. (District of Columbia)

Von Baxter, Felix (District of Columbia)

Documents in the Clearinghouse

Document

Docket

July 1, 2002 Docket
17

Order Approving Settlement

Dec. 8, 2000 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed by plaintiff VALERIE T. GRANT, plaintiff LORRAINE E. WISE, plaintiff CHARLESETTA GRIFFIN, plaintiff RAE LOUISE JONES, plaintiff DOROTHEA PERKINS, plaintiff NELLER JOHNSON; jury demand (tth) (Entered: 07/06/2000)

July 5, 2000

SUMMONS NOT ISSUED. (tth) (Entered: 07/06/2000)

July 5, 2000
2

MOTION filed by plaintiffs to preliminarily certify this class as a class action ; Exhibit (1) (tth) (Entered: 07/06/2000)

July 5, 2000
3

ANSWER TO COMPLAINT [1−1] by federal defendant RICHARD W. RILEY; jury demand. (tth) (Entered: 07/07/2000)

July 5, 2000
5

JOINT MOTION by plaintiff, federal defendant for preliminary approval of the settlement agreement and the notice of class action settlement and joint request for fairness hearing ; exhibits (1) (jf) (Entered: 07/10/2000)

July 6, 2000
4

ORDER by Judge James Robertson: granting motion to preliminarily certify this case as a class action [2−1] by plaintiffs; the class consists of Blacks not of Hispanic descent, who the Dept. of Education employed, and whose permanent duty station was at Headquarters, in the competitive service at grades 11−15 at any point from 2/4/91 to the date of entry of this Order; in addition, the Court preliminarily approves the Settlement Agreement as fair and reasonable to the class; the parties are hereby directed to proceed with notice to the class in the manner prescribed in the Settlement Agreement and Attachments 5, 6 and 7 thereto; notice shall be provided to the class in accordance with the following schedule: final date for notice to the class is 8/24/00; final date for receipt of objections to the agreement is 10/10/00; fairness hearing is set for 10:00 a.m., 12/8/00. (N) (mlp) (Entered: 07/07/2000)

July 7, 2000
6

NOTICE OF FILING of Notice of Settlement to all current and former employees of the Dept. of Education who worked in the competitive service at headquarters in Grades 11 through 15 at any time between 2/4/91 and 7/7/00. Signed on 7/10/00 by Robertson, J. (N) (mlp) (Entered: 07/11/2000)

July 10, 2000
7

NOTICE OF FILING of Notice of Settlement to all black employees, not of Hispanic descent, who were employed by the Dept. of Education in the competitive service at headquarters at any point from 2/4/91 to 7/7/00 in Grades 11 through 15. Signed on 7/10/00 by Robertson, J. (N) (mlp) (Entered: 07/11/2000)

July 10, 2000
9

MOTION filed by federal defendant RICHARD W. RILEY to amend Attachment 6 of the Settlement Agreement ; Exhibit (1) (tth) (Entered: 08/03/2000)

Aug. 1, 2000
8

ORDER by Judge James Robertson: that the word "discriminatorily" be deleted from attachment 6 to the settlement agreement. (N) (jf) (Entered: 08/03/2000)

Aug. 2, 2000
10

LETTER dated August 28, 2000, from Arlie B. Gordorn to the Department of Education Class Action; "Leave to file granted", ROBERTSON, J. (tth) (Entered: 10/17/2000)

Oct. 13, 2000
11

LETTER dated August 28, 2000, from Jacqueline C. Jackson; "Let this be filed, ROBERTSON, J. (tth) (Entered: 10/17/2000)

Oct. 13, 2000
12

LETTER, (no date indicated), to Clerk, U.S. District Court from Dorothea Perkins, pro se, expressing concerns regarding the extent that the proposed settlement agreement might affect the claims Ms. Perkins has in a suit pending before Judge Kennedy (CA 99−2170). "Let this be filed, 10/23/00" Robertson, J. (fiat) (N) (mlp) (Entered: 10/24/2000)

Oct. 23, 2000
13

LETTER dated 10/9/00, to Clerk of the Court, by Delores L. Graddy, 12821 Asbury Drive, Ft. Washington, MD 20744, requesting consideration by the Court for a promotion retroactively from initial submission to the U.S. Dept. of Education. "Let this be filed, 10/24/00." Robertson, J. (fiat) (N) (mlp) (Entered: 11/06/2000)

Oct. 24, 2000
14

MEMORANDUM by plaintiff in support of final approval of the proposed class action settlement; Declarations (3) (ag) (Entered: 11/29/2000)

Nov. 28, 2000
16

RESPONSE by plaintiff VALERIE T. GRANT, plaintiff LORRAINE E. WISE, plaintiff CHARLESETTA GRIFFIN, plaintiff RAE LOUISE JONES, plaintiff DOROTHEA PERKINS, plaintiff NELLER JOHNSON to letter [13−1 regarding the proposed class action settlement agreement] (cas) (Entered: 12/04/2000)

Nov. 30, 2000

FAIRNESS HEARING before Judge James Robertson : granted motion for final approval of the proposed settlement [15−1] by RICHARD W. RILEY, granted motion to amend Attachment 6 of the Settlement Agreement [9−1] by RICHARD W. RILEY. Order signed in open court. Reporter: Gordon Slodysko (mlp) (Entered: 12/08/2000)

Dec. 8, 2000
17

ORDER by Judge James Robertson: approving the settlement agreement in this case as fair, adequate and reasonable and not the product of collusion between the parties. (N) (mlp) (Entered: 12/08/2000)

Dec. 8, 2000
19

SETTLEMENT AGREEMENT filed by plaintiffs and federal defendant and approved by Judge James Robertson; attachments (7). (N) (mlp) (Entered: 03/20/2001)

Dec. 8, 2000
18

ORDER by Judge James Robertson: denying parties' joint motion to place certain materials filed by deft. under seal; directing the Clerk to physically remove Tabs B and C of Exhibit 4 (declaration of Charles R. Mann, Ph.D.) from the public docket copy of the record of this case and return them to counsel for deft., who is directed to keep them safe until there is no longer any possibility of any appeal in this case. (N) (mlp) (Entered: 02/02/2001)

Feb. 1, 2001

DOCUMENTS behind Tabs B and C of Exhibit 4 returned to deft. (mlp) (Entered: 02/02/2001)

Feb. 2, 2001
20

MOTION (UNOPPOSED) filed by plaintiff VALERIE T. GRANT, plaintiff LORRAINE E. WISE, plaintiff CHARLESETTA GRIFFIN, plaintiff RAE LOUISE JONES, plaintiff DOROTHEA PERKINS, plaintiff NELLER JOHNSON for partial distribution of class settlement fund (cas) (Entered: 05/15/2001)

May 14, 2001
21

ORDER by Judge James Robertson: granting motion for partial distribution of class settlement fund [20−1] by plaintiffs; class counsel is authorized to distribute to each of the 13 Steering Committee members identified in the settlement agreement a payment of $20,000.00 each from the class settlement fund, less any taxes required to be withheld under applicable law. (N) (mlp) (Entered: 05/15/2001)

May 15, 2001
22

MOTION (UNOPPOSED) filed by plaintiff VALERIE T. GRANT, plaintiff LORRAINE E. WISE, plaintiff CHARLESETTA GRIFFIN, plaintiff RAE LOUISE JONES, plaintiff DOROTHEA PERKINS, plaintiff NELLER JOHNSON to extend deadlines governing distribution of the monetary award &determinations relevant to prospective promotions ; exhibit's (1) (cas) (Entered: 07/05/2001)

June 29, 2001
23

ORDER by Judge James Robertson : granting motion to extend deadlines governing distribution of the monetary award &determinations relevant to prospective promotions [22−1] by plaintiffs (N) (lin) (Entered: 07/10/2001)

July 10, 2001
24

MOTION filed by plaintiff to approve proposed distribution of the monetary award and to proceed with final distribution ; Exhibit (1) (ag) (Entered: 10/24/2001)

Oct. 23, 2001
25

MOTION filed by plaintiffs to seal Exhibit B to Plaintiff's Motion to Approve Proposed Distribution of the Monetary Award and to Proceed with Final Distribution ; EXHIBITS (Exhibit 1); Exhibits (1) (ag) (Entered: 10/24/2001)

Oct. 23, 2001
26

ORDER by Judge James Robertson : granting motion to seal Exhibit B to Plaintiff's Motion to Approve Proposed Distribution of the Monetary Award and to Proceed with Final Distribution [25−1] by plaintiffs. (N) (mlp) (Entered: 10/26/2001)

Oct. 25, 2001
28

MOTION filed by plaintiffs to substitute for Exhibit "B" filed in support of plaintiffs' motion to approve proposed distribution and to proceed with final distribution ; Exhibits (1) (ag) (Entered: 11/15/2001)

Nov. 7, 2001
29

MOTION (SECOND) filed by plaintiff to seal the simultaneously filed Exhibits A and B to Plaintiffs' Motion to Substitute for Exhibit "B" Filed in Support of Plaintiffs' Motion to Approve Proposed Distribution and to Proceed With Final Distribution ; EXHIBIT (EXHIBITS A AND B) (ag) (Entered: 11/15/2001)

Nov. 7, 2001
30

ORDER by Judge James Robertson : granting motion to approve proposed distribution of the monetary award and to proceed with final distribution [24−1] by plaintiffs; Class List and net point calculations are fair and reasonable; Class Counsel shall distribute monetary award; 180 days from date of this order, Class Counsel shall file motion advising the Court of the remaining funds (N) (tb) (Entered: 11/19/2001)

Nov. 16, 2001
31

ORDER by Judge James Robertson : granting motion to substitute for Exhibit "B" filed in support of plaintiffs' motion to approve proposed distribution and to proceed with final distribution [28−1] by plaintiffs (N) (tb) (Entered: 11/19/2001)

Nov. 16, 2001
32

ORDER by Judge James Robertson : granting motion to seal the simultaneously filed Exhibits A and B to Plaintiffs' Motion to Substitute for Exhibit "B" Filed in Support of Plaintiffs' Motion to Approve Proposed Distribution and to Proceed With Final Distribution [29−1] by plaintiffs; exhibits to remain under seal (N) (tb) (Entered: 11/19/2001)

Nov. 16, 2001
33

EXHIBITS of plaintiffs to their Motion to Substitute for Exhibit "B" Filed in Support of Plaintiffs' Motion to Approve Proposed Distribution and to Proceed with Final Distribution; Exhibits (2). FILED UNDER SEAL IN ROOM 1800. (ag) (Entered: 11/30/2001)

Nov. 16, 2001
34

MOTION filed by plaintiff to approve thirty−four class members to receive a prospective promotion ; Exhibits (1) (ag) (Entered: 12/14/2001)

Dec. 11, 2001
35

MOTION filed by plaintiff to seal the simultaneously filed Exhibit B to Plaintiff's Motion to Approve Thirty−Four Class Members to Receive a Prospective Promotion ; EXHIBIT (EXHIBIT B) (ag) (Entered: 12/14/2001)

Dec. 11, 2001
36

ORDER by Judge James Robertson: granting motion to seal the simultaneously filed Exhibit B to Plaintiff's Motion to Approve Thirty−Four Class Members to Receive a Prospective Promotion [35−1] by plaintiffs. (N) (mlp) (Entered: 12/18/2001)

Dec. 18, 2001
38

EXHIBITS of plaintiffs to their motion to approve 34 class members to receive a prospective promotion; exhibit (1) (FILED UNDER SEAL) (cjp) (Entered: 01/14/2002)

Dec. 18, 2001
37

ORDER by Judge James Robertson: granting motion to approve 34 class members to receive a prospective promotion [34−1] by plaintiffs; the list of class members selected for promotion is fair and reasonable and in accordance with the terms of the Court−approved settlement agreement; the Dept. of Education shall implement the 34 promotions listed in Exhibit B to pltfs.' motion to approve 34 class members to receive a prospective promotion in accordance with the procedures and time frame prescribed by the Court−approved settlement agreement. (N) (mlp) Modified on 12/31/2001 (Entered: 12/22/2001)

Dec. 21, 2001
39

STATUS REPORT by plaintiffs regarding unclaimed amounts remaining in the Monetary fund (bcs) (Entered: 05/16/2002)

May 15, 2002
40

ORDER by Judge James Robertson : status hearing set for 2:00 6/24/02 ; (N) (lin) (Entered: 05/21/2002)

May 20, 2002
41

ORDER by Judge James Robertson: that on 7/15/02, or soon thereafter as is reasonably practicable, class counsel shall complete distribution to all class members who are entitled to a share of the settlement fund and from whom Class Counsel has received completed tax forms by 7/1/01; class memebers from whom Class Counsel has not received completed tax forms by 7/1/02 shall not be entitled to any share of the settlement fund; on 7/15/02 or soon thereafter Class Counsel shall distribute a pro rata share of the unclaimed funds, if any, remaining in the interest bearing account to Monica Woods, Desandre V. Cobb, David G. Chege, James S. Guitard and Daun Wilson−Freeman, with such shares to be calculated pursuant to the same formula by which all other class members' shares were calculated; if unclaimed funds remain in the account after the final distribution on 7/15/02 the steering committee shall determine whether the unclaimed funds should be (a) distributed in equal shares to the entire class of individuals who were eligable to receive funds under the settlement agreement; (b) distributed to the entire class member's share to be determined pursuant to the formula set forth in the settlement agreement; or (c) contributed to one or more charities selected by the members of the steering committee. Class Counsel shall forward to the Court the Steering Committee's recommendation with a proposed order that would effectuate such recommendation. (N) (dam) (Entered: 06/30/2002)

June 28, 2002
42

TRANSCRIPT filed for date(s) of 6/24/02. Reporter: Elizabeth S. Bingham, Miller Reporting Co., Inc. (bcs) (Entered: 07/02/2002)

July 1, 2002

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: July 5, 2000

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of African-Americans--not of Hispanic descent--who were employed at the Department of Education and who were permanently stationed at the DOE headquarters in the competitive service at grades 11-5 at any point from 02-04-91 to 07-07-00.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Education, Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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: Unknown (over $260,000)

Order Duration: 2000 - 2004

Content of Injunction:

Promotion

Issues

Discrimination-area:

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black