Case: AFGE TSA Local 1 v. Loy

1:03-cv-01719 | U.S. District Court for the District of Columbia

Filed Date: Aug. 13, 2003

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On August 13, 2003, employees of the Transportation Security Administration ("TSA") filed a lawsuit against their employer in the United States District Court for the District of Columbia. The plaintiffs alleged age discrimination in violation of the Age Discrimination in Employment Act (ADEA) and asked the court to restore them to their old positions, with back pay, benefits, and interest. Specifically, the plaintiffs contended that TSA, when laying off employees, had discriminated against older employees who should have had veteran status.

On August 21, 2006, the court (Judge Colleen Kollar-Kotelly) denied the plaintiffs' motion for class certification. AFGE TSA Local v. Hawley, 481 F. Supp.2d 72 (D.D.C. 2006). According to the PACER docket, on October 17, 2006, the court (Judge Kollar-Kotelly) approved the defendant's motion to transfer the case to the Northern District of New York. In New York, the case was dismissed by stipulation.

Summary Authors

Andrew Kline (5/7/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4678462/parties/american-federation-of-government-employees-tsa-local-1-v-loy/


Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Lowe, George H (New York)

Mordue, Norman A. (New York)

Attorneys(s) for Plaintiff

Bergeron, Matthew (New York)

Frieder, Gony (District of Columbia)

Attorneys(s) for Defendant

Demske, Susan Marie (District of Columbia)

Kaplan, Samuel C. (District of Columbia)

Larkin, William F. (New York)

Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Lowe, George H (New York)

Mordue, Norman A. (New York)

Attorneys(s) for Plaintiff

Bergeron, Matthew (New York)

Frieder, Gony (District of Columbia)

Attorneys(s) for Defendant

Demske, Susan Marie (District of Columbia)

Kaplan, Samuel C. (District of Columbia)

Larkin, William F. (New York)

Documents in the Clearinghouse

Document

1:03-cv-01719

Docket [PACER]

Nov. 7, 2006

Nov. 7, 2006

Docket

5:06-cv-01338

Docket (N.D.N.Y)

American Federation of Government Employees v. Hawley

U.S. District Court for the Northern District of New York

Dec. 6, 2007

Dec. 6, 2007

Docket
1

1:03-cv-01719

Complaint

AFGE TSA Local v. Loy

Aug. 13, 2003

Aug. 13, 2003

Complaint
21

1:03-cv-01719

Opinion

AFGE TSA Local v. Loy

481 F.Supp.2d 72

Aug. 21, 2006

Aug. 21, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4678462/american-federation-of-government-employees-tsa-local-1-v-loy/

Last updated Aug. 2, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
21

MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on August 21, 2006. (lcckk1).

Aug. 21, 2006

Aug. 21, 2006

RECAP
1

COMPLAINT from the USDC District of Columbia Washington, D.C. case number 1:03−cv−1719 transfered in. Filed by American Federation of Government Employees TSA Local 1, Eugene Leimer, Don Card, Beatrice Campbell, Thomas Moriarty, Jonathan Thorton. Order forwarded electronically.(alh) (Entered: 11/03/2006)

Nov. 2, 2006

Nov. 2, 2006

2

MOTION for Temporary Restraining Order by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES TSA LOCAL 1, BEATRICE CAMPBELL, DON CARD, EUGENE LEIMER, THOMAS MORIARTY, JONATHAN THORTON. (Attachments: # 1 Exhibits 1 through 5 # 2 Exhibits 5 through 20) (Filed in USDC District of Columbia on 8/13/03) (alh, ) (Entered: 11/03/2006)

Nov. 2, 2006

Nov. 2, 2006

4

NOTICE of Appearance by Susan Marie Demske on behalf of JAMES M. LOY. (Filed in USDC District of Columbia on 8/15/03) (alh, ) (Entered: 11/03/2006)

Nov. 2, 2006

Nov. 2, 2006

5

Joint MOTION that the Court consider Plaintiffs' Motion for a Temporary Restraining Order and supporting Memorandum as a Motion for Preliminary Injunction; also Proposed Scheduling Order by JAMES M. LOY. (Filed in USDC District of Columbia on 8/15/03) (alh, ) (Entered: 11/03/2006)

Nov. 2, 2006

Nov. 2, 2006

6

ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar−Kotelly, signed by Judge Kollar−Kotelly on August 21, 2003. (Filed in USDC District of Columbia on 8/21/03) (alh, ) (Entered: 11/03/2006)

Nov. 2, 2006

Nov. 2, 2006

7

MEMORANDUM in opposition to motion re 2 Plaintiffs' Motion for a Preliminary Injunction filed by James M. Loy. (Attachments: # 1 Affidavit of Richard A. Whitford with attached exhibits # 2 Exhibit TSA and AFGE, Decision &Order on Petitions (FLRA Reg'l Dir. July 7, 2003)) (Filed in USDC District of Columbia on 8/25/03)(alh, ) (Entered: 11/03/2006)

Nov. 2, 2006

Nov. 2, 2006

8

NOTICE by James M. Loy re 7 Memorandum in Opposition, of Filing of Substitute Exhibit and Errata (Attachments: # 1 Exhibit (Substitute) Tab E to Attachment 1 to Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction)(Filed in the USDC District of Columbia on 8/26/03) (alh, ). (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

9

REPLY to opposition to motion re 2 Preliminary Injunction filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES TSA LOCAL 1, BEATRICE CAMPBELL, DON CARD, EUGENE LEIMER, THOMAS MORIARTY, JONATHAN THORTON (Attachments: # 1 Exhibit) (Filed in USDC District of Columbia on 8/27/03)(alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

10

MOTION to Dismiss Plaintiffs' Complaint and Memorandum in Support by JAMES M. LOY. (Filed in USDC District of Columbia 10/14/03) (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

11

Memorandum in opposition to motion re 10 Defenant's Motion to Dismiss filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES TSA LOCAL 1, BEATRICE CAMPBELL, DON CARD, EUGENE LEIMER, THOMAS MORIARTY, JONATHAN THORTON (Filed in USDC District of Columbia on 10/27/03). (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

12

ORDER granting Motion to Consider Plaintiffs' Motion for Temporary Restraining Order as Motion for Preliminary Injunction 5 , and denying Motion for Preliminary Injunction 2 . Signed by Judge Colleen Kollar−Kotelly on November 3, 2003. (Attachments: # 1) (Filed in USDC District of Columbia on 11/3/03).(alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

13

REPLY in support of motion re 10 to Dismiss Plaintiffs' Complaint filed by JAMES M. LOY (Filed in USDC District of Columbia on 11/6/03). (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

14

NOTICE by JAMES M. LOY of Withdrawal of Susan Demske as Counsel for Defendant. (Filed in USDC District of Columbia on 11/6/03) (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

15

First MOTION to Certify Class by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES TSA LOCAL 1, BEATRICE CAMPBELL, DON CARD, EUGENE LEIMER, THOMAS MORIARTY, JONATHAN THORTON, (Attachments: # 1 Text of Proposed Order Proposed Order) (Filed in USDC District of Columbia on 11/10/03).(alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

16

NOTICE of Appearance by Samuel C. Kaplan on behalf of JAMES M. LOY (Filed in USDC District of Columbia on 11/21/03).(alh) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

MINUTE ENTRY: ORDERED that Defendants' 17 Motion to Stay proceedings concerning Plaintiffs' class certification motion is GRANTED. If Defendant's Motion to Dismiss is not granted in full, Defendant shall have 30 days from the date of this Court's ruling on the dispositive motion to respond to Plaintiffs' class certification motion. Signed by Judge Colleen Kollar−Kotelly on July 12, 2004. (Filed in USDC District of Columbia on 7/12/04) (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

MINUTE ORDER (Paperless): The Parties are instructed to notify the Court as to the pending Motion to Dismiss if there is any new factual information or case law pertinent to the filed motion via a joint status report to be submitted to the Court by January 27, 2006. Additionally, because an APA claim was made in the instant case, the relevant administrative record should be filed with the Court by January 27, 2006. Signed by Judge Colleen Kollar−Kotelly on January 22, 2006. (Filed in USDC District of Columbia on 1/22/06)(alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

18

STATUS REPORT Jointly Filed by Parties by THOMAS MORIARTY, JONATHAN THORTON, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES TSA LOCAL 1, EUGENE LEIMER, DON CARD, BEATRICE CAMPBELL. (Filed in USDC District of Columbia on 1/27/06). (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

19

NOTICE of Defendant's Supplement to Joint Status Report by James M. Loy re 18 Status Report. (Filed in USDC District of Columbia on 2/3/06). (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

20

ORDER granting in part and denying in part Defendant's 10 Motion to Dismiss; dismissing all of Plaintiffs' claims except for Count VI with respect to Plaintiff Card and Plaintiff AFGE; denying without prejudice Plaintiffs' 15 Motion for Class Certification; and ordering the Parties to file a Joint Status Report by September 22, 2006, indicating how they wish to proceed. Signed by Judge Colleen Kollar−Kotelly on August 21, 2006. (Filed in USDC District of Columbia on 8/21/06)(alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

22

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by JAMES M. LOY. (Filed in USDC District of Columbia on 8/29/06) (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

MINUTE ENTRY ORDER (Paperless) granting 22 Unopposed Motion to Extend Time to Answer or Otherwise Respond to Complaint, until and including October 4, 2006. Signed by Judge Colleen Kollar−Kotelly on September 1, 2006. (Filed in USDC District of Columbia on 9/1/06)(alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

23

STATUS REPORT Jointly Filed by Parties by THOMAS MORIARTY, JONATHAN THORTON, JAMES M. LOY, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES TSA LOCAL 1, EUGENE LEIMER, DON CARD, BEATRICE CAMPBELL. (Filed in USDC District of Columbia on 9/21/06). (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

MINUTE ENTRY ORDER (paperless) adopting the schedule set out in the 23 Joint Status Report filed on September 21, 2006. Defendant's Motion to Transfer Venue shall be filed by October 4, 2006, if not filed, defendant will file an Answer with scheduling order by October 25, 2006; any response to Motion to Transfer Venue shall be filed by October 11, 2006; and any Reply shall be filed by October 25, 2006. Signed by Judge Colleen Kollar−Kotelly on October 3, 2006. (Filed in USDC District of Columbia on 10/3/06) (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

24

MOTION to Transfer Case by JAMES M. LOY (Attachments: # 1 Slip Opinion in American Federation of Government Employees, AFL−CIO v. LOY, No. 03−cv−01935# 2 Declaration of Maria Farrell) (Filed in USDC District of Columbia on 10/4/06)(alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

25

ORDER granting as conceded and on the merits 24 Motion to Transfer Case to the Northern District of New York. Signed by Judge Colleen Kollar−Kotelly on October 17, 2006. (Filed in USDC District of Columbia on 10/17/06)(alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

27

DOCKET REPORT from the US District Court District of Columbia Case No. 1:03−cv−1719. (alh, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

28

DEFENDANT'S ANSWER to Complaint by James M. Loy.(Larkin, William) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

29

DEFENDANT'S "CORRECTED" ANSWER to Complaint by James M. Loy.(Larkin, William) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

30

NOTICE of Appearance by Matthew Bergeron on behalf of American Federation of Government Employees TSA Local 1, Don Card (Bergeron, Matthew) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

31

STATUS REPORT Letter by James M. Loy. (Attachments: # 1 Affidavit Certificate of Service)(Larkin, William) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

32

G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 3/21/2007 09:00 AM before Magistrate Judge George H. Lowe. Civil Case Management Plan due by 3/12/2007. (mnm) (Entered: 01/12/2007)

Jan. 11, 2007

Jan. 11, 2007

33

CIVIL CASE MANAGEMENT PLAN (joint filing) by American Federation of Government Employees TSA Local 1, Don Card, James M. Loy. (Larkin, William) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

Minute Entry for proceedings held before Judge George H. Lowe : Initial Pretrial Telephone Conference held on 3/21/2007. Appearances: Matthew Bergeron, Esq., for Plaintiffs; AUSA William A. Larkin, Esq., for Defendant. Upon consent of the parties, Judge Lowe orders the caption of this case amended read American Federation of Government Employees TSA Local 1, and Don Card, vs. Edmund Hawley, in his official capacity as Administrator, Transportation Security Administration. Pretrial deadlines are set and a scheduling order will be issued. (Tape #89) (tjm) Modified on 3/21/2007 to correct name of new defendant (tjm). (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

CLERK'S CORRECTION OF DOCKET ENTRY re Pretrial Conference − Initial: Caption should read American Federation of Government Employees TSA Local 1, and Don Card vs. Edmund Hawley, in his official capacity as Administrator, Transportation Security Administration. (Minute entry erroneously named Defendant as Edward Hawley). (tjm) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

34

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3 days. Preferred Trial Location: Syracuse, New York. This case has been opted out of participation in the ADR program. Joinder of Parties due by 4/20/2007. Amended Pleadings due by 4/20/2007. Discovery due by 8/28/2007. Motions to be filed by 10/29/2007. Non−Jury Trial Ready Deadline is 12/31/2007. Signed by Judge George H. Lowe on 3/21/07. (jmb) (Entered: 03/22/2007)

March 21, 2007

March 21, 2007

35

Letter Motion from William F. Larkin for Edmund Hawley requesting a discovery dispute conference submitted to Judge George H. Lowe. (Attachments: # 1 Affidavit Certificate of Service)(Larkin, William) (Entered: 07/27/2007)

July 27, 2007

July 27, 2007

36

STATUS REPORT and Request to Extend Time Periods to Complete Discovery and File Motions by Edmund Hawley. (Attachments: # 1 Certificate of Service)(Larkin, William) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

38

AMENDED UNIFORM PRETRIAL SCHEDULING ORDER: Discovery due by 11/5/2007. Motions to be filed by 1/7/2008. Trial Ready Deadline is 3/7/2008. Signed by Judge George H. Lowe on 9/10/07. (dmf) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

39

STIPULATION of Dismissal by American Federation of Government Employees TSA Local 1, Don Card submitted to Judge Mordue. (Bergeron, Matthew) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

40

ORDER approving 39 Stipulation of Dismissal filed by Don Card, American Federation of Government Employees TSA Local 1, and DISMISSING CASE. Signed by Judge Norman A. Mordue on 12/6/07. (lmp) (Entered: 12/06/2007)

Dec. 6, 2007

Dec. 6, 2007

26

MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on October 17, 2006. (lcckk1).

Oct. 17, 2006

Oct. 17, 2006

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 13, 2003

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American Federation of Government Employees TSA Local I (a union of airport security screeners) and several individual airport security screeners

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Transportation Security Administration, Federal

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

Affected Gender:

Female

Male