Civil Rights Litigation Clearinghouse

Case: Blackmon-Malloy v. U.S. Capitol Police Board

1:01-cv-02221 | U.S. District Court for the District of Columbia

Filed Date: Oct. 29, 2001

Case Ongoing

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Case Summary

On October 29, 2001, more than 250 African-American current or former U.S. Capitol Police Officers filed this race discrimination lawsuit under the Congressional Accountability Act ("CAA"), 2 U.S.C. § 1311, against the United States Capitol Police Board in the U.S. District Court for the District of Columbia. The plaintiffs also included claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and the Civil Rights Act of 1991, 42 U.S.C. § 1981a. Specifically, the plaintiffs alleged that the disproportionately low number of African-Americans in the police force and in leadership positions within the force demonstrated rampant racial discrimination. Even though African-Americans comprised more than 60% of the D.C. general population, they made up only 31% of the police force and 16% of ranking positions. The plaintiffs sought compensatory damages and injunctive relief.

On September 30, 2004, Judge Emmet G. Sullivan granted the police boards' motion to dismiss the complaint. Judge Sullivan held that Title VII of the Civil Rights Act of 1964 did not cover legislative branch employees. Therefore, he held that the plaintiffs could only bring suit under the CAA to challenge employment discrimination. This too was barred because the court only had subject matter jurisdiction over claims in which the plaintiff completed counseling and mediation regarding the alleged violation within the time limits specified by the CAA. Although several plaintiffs had requested mediation, they had failed to participate. Judge Sullivan held that such actions could not satisfy the "completing mediation" requirement within the CAA, but he granted the plaintiffs the opportunity to file a motion for reconsideration if they properly complied. 338 F.Supp.2d 97.

The plaintiffs filed a motion to reconsider on January 14, 2005. Judge Sullivan denied their motion without prejudice on August 4, 2005, in an unpublished order. He referred the issue to Magistrate Judge John M. Facciola to determine whether any individual class members were entitled to relief.

Throughout 2006, there was extensive litigation over the plaintiffs' attorneys' motions to withdraw as counsel to individual plaintiffs who had failed to pay or communicate with attorneys. These motions were denied and granted in part as to certain plaintiffs. 2006 WL 891163; 2007 WL 841019. The case was also consolidated with several others against the Police Board.

Magistrate Judge Facciola issued a Report and Recommendation on March 19, 2007, in which he lamented the plaintiffs' failure to comply with Judge Sullivan's September 30, 2004, order requiring parties to clearly demonstrate their compliance with counseling and mediation as demanded under the CAA. Magistrate Judge Facciola noted that much of the evidence subsequently provided by plaintiffs was either inconsistent or insufficient. It was therefore only a "place to start." Based on the evidence provided, he:

dismissed with prejudice claims where the plaintiffs had clearly failed to exhaust administrative remedies;
dismissed without prejudice claims where the plaintiffs seemed to have exhausted the administrative remedies, but failed to provide the court with sufficient evidence; and,
upheld claims where the plaintiffs had clearly exhausted administrative remedies.

2007 WL 841019. On May 15, Magistrate Judge Facciola dismissed with prejudice the second group after the plaintiffs had failed to provide supporting documents to demonstrate compliance with the CAA. 2007 WL 1438763. On August 15, 2007, the Court adopted the recommendations of Magistrate Judge Facciola, thereby dismissing with prejudice a substantial number of the remaining claims. 2007 WL 6847408.

The plaintiffs appealed, and the United States Court of Appeals for the District of Columbia issued its opinion on July 31, 2009. The case was heard before Judge David Bryan Sentelle, Judge Douglas Ginsburg, and Judge Judith Rogers. There were three aspects of the district court's ruling at issue: (1) whether the three-step process requiring counseling and mediation before an employee could file a complaint was jurisdictional, (2) whether in-person attendance by the employee was required at counseling or mediation, and (3) whether receipt of end of counseling and mediation notices demonstrated completion of counseling and mediation. The Court of Appeals (with the opinion written by Judge Rogers) affirmed the district court's ruling with respect to whether the three-step process was jurisdictional, holding that it was. Yet, the Court of Appeals reversed the district court's in-person ruling, holding that the CAA did not require in-person attendance by the employee at counseling or mediation. Lastly, the Court of Appeals held that receipt from the Office of Compliance of written notice of the end of mediation did demonstrate the employee's completion of counseling and mediation. The case was then remanded. 575 F.3d 699.

On May 10, 2010, the plaintiffs filed a Joint Fourth Amended Class Action Complaint, re-alleging that the defendant had violated the CAA and that the action was properly maintainable as a class action under FRCP 23(a). On August 12, 2010, the defendant filed a Motion to Dismiss the Fourth Amended Complaint, alleging lack of jurisdiction. While awaiting the court's ruling, the parties continued to dispute discovery matters. On March 9, 2012, the court referred the case again to Magistrate Judge John M. Facciola for resolution of defendant's motion to dismiss the fourth amended complaint. On December 14, 2012, the Magistrate Judge Facciola issued a report and recommendation regarding whether the complaint should be dismissed. In it, Magistrate Judge Facciola noted that vast majority of the plaintiffs should be dismissed for failure to exhaust their administrative remedies as required under the CAA, while the plaintiffs who submitted enough evidence of exhaustion should proceed past the motion to dismiss ("Appendix II"), and the rest of remaining plaintiffs should be dismissed with prejudice. Finally, Magistrate Judge Facciola identified five plaintiffs for whom additional clarification was necessary. Both parties responded and objected to the Magistrate Judge Facciola’s report and recommendation.

On July 10, 2013, the plaintiffs sought to amend or correct the amended complaint. The defendant opposed the motion, and the court did not issue an order on the matter. From September 2013 through April 2015 there was no activity on the docket. On April 21, 2015, counsel for the plaintiffs moved for a hearing on a motion to withdraw. In a May 1, 2015, minute order, the court ordered the plaintiffs to file a motion to withdraw, and Judge Sullivan temporarily stayed the case to allow the plaintiff time to acquire new counsel.

Hearings were rescheduled several times throughout 2015 and 2016. On October 13, 2016, U.S. District Judge Emmet G. Sullivan issued a memorandum opinion resolving the plaintiffs' objections to Magistrate Judge Facciola's dismissal of most of their claims, and the plaintiff's motion to file a fifth amended complaint. Judge Sullivan adopted in part and rejected in part Magistrate Judge Facciola's recommendations, thereby dismissing many, but not all, of the plaintiffs' claims on jurisdictional grounds. He also denied the plaintiffs' motion to file a fifth amended complaint. On February 14, 2017, the plaintiffs filed a motion for reconsideration on one of the claims Judge Sullivan dismissed, which was denied on March 30, 2018.

On February 19, 2019, one plaintiff filed a motion for appointment of a mediator to assist in the mediation of settlement discussion of all claims by this plaintiff. The court also agreed to provide court-appointed counsel for the pro se plaintiffs during the mediation phase.

By July 30, 2019, one plaintiff was represented by private counsel and the other eight represented themselves pro se. On that day, the court granted in part and denied in part the defendant's August 12, 2010, motion to dismiss for lack of jurisdiction for the reasons laid out in the October 13, 2016, memorandum opinion. The plaintiffs moved for reconsideration on August 21, 2019.

In their August 27, 2019 status report, the plaintiffs stated that the defendant's counsel had been unresponsive to communication from the plaintiffs. At the end of 2019, and again at the end of 2020, the defendant found new counsel.

The court granted the plaintiff's August 21, 2019 motion for reconsideration on March 18, 2021. The court also denied without prejudice the individual plaintiff's motion for mediation from February 19, 2019, wanting to wait until the court ruled on the defendant's anticipated motion to dismiss for failure to state a claim.

The case is ongoing.

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Summary Authors

Jordan Rossen (9/23/2010)

MJ Koo (3/13/2017)

Sichun Liu (3/21/2019)

Lauren Yu (4/8/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4643980/parties/blackmon-malloy-v-united-states-capitol-police-board/

Judge(s)

Facciola, John M. (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Butler, James Quincy (District of Columbia)

Celestin, Jenny (District of Columbia)

Day, Charles W. (District of Columbia)

Fitch, Elaine Lynette (District of Columbia)

Garon, Lenore (Virginia)

Judge(s)

Facciola, John M. (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Butler, James Quincy (District of Columbia)

Celestin, Jenny (District of Columbia)

Day, Charles W. (District of Columbia)

Fitch, Elaine Lynette (District of Columbia)

Garon, Lenore (Virginia)

Gebhardt, Daniel K. (District of Columbia)

Johnson, Nathaniel D (Maryland)

Lee, Susan C. (District of Columbia)

Macon, Derrick W. (Maryland)

Pitre, Algernon Marques (District of Columbia)

Rainey, Valencia (District of Columbia)

Rucker, Donna Williams (District of Columbia)

Thompson, Richard Lloyd II (Maryland)

Ware, Charles Jerome (Maryland)

Attorneys(s) for Defendant

Allen, William F. (District of Columbia)

Anderson, Rafique O (District of Columbia)

Birkhill, Benjamin George (District of Columbia)

Burch, Alan (District of Columbia)

Contreras, Rudolph (District of Columbia)

Duffey, Thomas (District of Columbia)

Earnest, Robin M. (Maryland)

Hair, Christopher Charles (District of Columbia)

Herrera, Frederick M. (District of Columbia)

Howard, Roscoe (District of Columbia)

Kelly, Wynne Patrick (District of Columbia)

Lambert, Audrey Elizabeth (District of Columbia)

Machen, Ronald C (District of Columbia)

McBarnette, Andrea (District of Columbia)

Nagle, Mark Earl (District of Columbia)

Roback, Harry B. (District of Columbia)

Scindian, Kelly M (District of Columbia)

Simon, Jeremy S (District of Columbia)

Taylor, Jeff (District of Columbia)

Weinstein, Laurie J. (District of Columbia)

Other Attorney(s)

Eveleth, Peter Ames (District of Columbia)

Uelmen, John D. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:01-cv-02221 1:07-cv-00936 1:08-cv-00003 1:12-cv-01512	Docket [PACER] Blackmon−Malloy v. United States Capitol Police Board	April 2, 2021	April 2, 2021 Docket
1 1:01-cv-02221	Class Action Complaint for Temporary and Permanent Injunctive Relief, Monetary Damages and Awards, and Other Remedies	Oct. 29, 2001	Oct. 29, 2001 Complaint
1 1:01-cv-02221	Complaint	Oct. 29, 2001	Oct. 29, 2001 Complaint
92 1:01-cv-02221	Opinion and Order (granting Defendant's motion to dismiss without prejudice to reconsideration of those plaintiffs' claims that conform to the timely counseling and mediation requests as explained in the opinion) Blackmon-Malloy v. United States Capitol Police Board 338 F.Supp.2d 97	Sept. 30, 2004	Sept. 30, 2004 Order/Opinion
127 1:01-cv-02221	Order Blackmon-Malloy v. United States Capitol Police Board 2006 WL 891163	March 31, 2006	March 31, 2006 Order/Opinion
151 1:01-cv-02221	Report and Recommendation	March 19, 2007	March 19, 2007 Order/Opinion
166 1:01-cv-02221	Supplemental Report and Recommendation Blackmon-Malloy v. United States Capitol Police Board 2007 WL 1438763	May 15, 2007	May 15, 2007 Magistrate Report/Recommendation
1199250 07-05320	Opinion (affirming in part, and reversing and remanding in part the district court ruling) Blackmon-Malloy v. United States Capitol Police Board U. S. Court of Appeals for the District of Columbia Circuit 575 F.3d 699	July 31, 2009	July 31, 2009 Order/Opinion
278 1:01-cv-02221	Joint Fourth Amended Class Action Complaint Blackmon-Malloy v. United States Capitol Police Board	May 10, 2010	May 10, 2010 Complaint
376 1:01-cv-02221	Report and Recommendation Regarding Defendant's Motion to Dismiss Fourth Amended Complaint Blackmon−Malloy v. United States Capitol Police Board	Dec. 14, 2012	Dec. 14, 2012 Magistrate Report/Recommendation

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Resources

Title	Description		External URL Date / External URL

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4643980/blackmon-malloy-v-united-states-capitol-police-board/

Last updated July 23, 2022, 3:09 a.m.

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ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against UNITED STATES CAPITOL POLICE BOARD ( Filing fee $150 ). Filed by ALL PLAINTIFFS. (ag, ) (Entered: 11/01/2001)	Oct. 29, 2001	Oct. 29, 2001 RECAP
	SUMMONS (3) Issued as to UNITED STATES CAPITOL POLICE BOARD, U.S. Attorney and U.S. Attorney General (ag, )	Oct. 29, 2001	Oct. 29, 2001 PACER
2	Case Reassigned to Judge Emmet G. Sullivan. Judge James Robertson no longer assigned to the case. (td, ) (Entered: 11/06/2001)	Nov. 2, 2001	Nov. 2, 2001 PACER
3	ATTORNEY APPEARANCE. (Fitch, Elaine) (Entered: 01/22/2002)	Jan. 22, 2002	Jan. 22, 2002 PACER
4	Consent MOTION for Extension of Time to File Motion for Class Certification and First Amended Complaint by ALL PLAINTIFFS. (Attachments: # 1 Supplement to Plaintiffs' Motion for Extension of Time# 2 Proposed Order)(Fitch, Elaine) (Entered: 01/22/2002)	Jan. 22, 2002	Jan. 22, 2002 PACER
5	NOTICE re 4 Certificate of Service by ALL PLAINTIFFS (Fitch, Elaine) (Entered: 01/22/2002)	Jan. 22, 2002	Jan. 22, 2002 PACER
6	ORDER granting Motion for Extension of Time to File 4 . Signed by Judge Emmet G. Sullivan on January 23, 2002. (lcegs1) (Entered: 01/23/2002)	Jan. 23, 2002	Jan. 23, 2002 PACER
7	NOTICE of Withdrawal as Counsel for Charles J. Ware by ALL PLAINTIFFS (Attachments: # 1 Exhibit A)(nmr, ) (Entered: 02/06/2002)	Feb. 5, 2002	Feb. 5, 2002 PACER
8	(ENTERED IN ERROR) NOTICE of Certificate of Service by all plaintiffs (Fitch, Elaine) Modified on 2/8/2002 (td, ). (Entered: 02/06/2002)	Feb. 6, 2002	Feb. 6, 2002 PACER
	SUMMONS (3) REISSUED as to UNITED STATES CAPITOL POLICE BOARD, and non-parties U.S. Attorney and U.S. Attorney General (td, )	Feb. 26, 2002	Feb. 26, 2002 PACER
9	AMENDED COMPLAINT. Filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit Certificate of Service)(Fitch, Elaine) (Entered: 02/27/2002)	Feb. 27, 2002	Feb. 27, 2002 PACER
10	First MOTION to Certify Class by ALL PLAINTIFFS. (Attachments: # 1 Exhibit Gebhardt & Assoc. Firm Resume 1# 2 Exhibit Gebhardt & Assoc. Resume Pt. 2)(Fitch, Elaine) (Entered: 02/27/2002)	Feb. 27, 2002	Feb. 27, 2002 PACER
12	AMENDED COMPLAINT. Filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit)(td, ) (Entered: 04/16/2002)	March 1, 2002	March 1, 2002 PACER
14	ATTORNEY APPEARANCE. (td, ) (Entered: 04/16/2002)	March 1, 2002	March 1, 2002 PACER
13	AMENDED COMPLAINT (SECOND AMEMDED CLASS ACTION). Filed by ALL PLAINTIFFS. (td, ) (Entered: 04/16/2002)	March 12, 2002	March 12, 2002 PACER
11	ATTORNEY APPEARANCE. (Weinstein, Laurie) (Entered: 03/28/2002)	March 28, 2002	March 28, 2002 PACER
15	Consent MOTION for Extension of Time to File Answer re 1, 9, 12, 13 by UNITED STATES CAPITOL POLICE BOARD. (Attachments: # 1)(Weinstein, Laurie) (Entered: 05/24/2002)	May 24, 2002	May 24, 2002 PACER
16	NOTICE of Related Case by UNITED STATES CAPITOL POLICE BOARD (Weinstein, Laurie) (Entered: 06/04/2002)	June 4, 2002	June 4, 2002 PACER
	ORDER granting Consent Motion for Extension of Time to File Answer and respond to Motion for Class Certification 15 to June 28, 2002. Signed by Judge Emmet G. Sullivan on June 5, 2002. (GK, )	June 5, 2002	June 5, 2002 PACER
17	Consent MOTION for Extension of Time to File Response to Complaint and Motion for Class Certification by UNITED STATES CAPITOL POLICE BOARD. (Weinstein, Laurie) (Entered: 06/27/2002)	June 27, 2002	June 27, 2002 PACER
18	MOTION Order to Disallow Nathaniel D. Johnson from Serving as a Class Counsel by ALL PLAINTIFFS. (Gebhardt, Joseph) (Entered: 06/28/2002)	June 28, 2002	June 28, 2002 PACER
	ORDER granting Consent Motion for Extension of Time to File 17 to file Response to Complaint and response to Motion for Class Certification until July 10, 2002. Signed by Judge Emmet G. Sullivan on July 2, 2002. (GK, )	July 2, 2002	July 2, 2002 PACER
19	MOTION to Stay Briefing on Issue of Class Certification by UNITED STATES CAPITOL POLICE BOARD. (Attachments: # 1)(Weinstein, Laurie) (Entered: 07/10/2002)	July 10, 2002	July 10, 2002 PACER
20	MOTION to Dismiss for Lack of Jurisdiction or to Strike Complaints by UNITED STATES CAPITOL POLICE BOARD. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21)(Weinstein, Laurie) (Entered: 07/10/2002)	July 10, 2002	July 10, 2002 PACER
21	Consent MOTION for Extension of Time to File Response/Reply re 19, 20 Defendant's Motion to Dismiss or Strike by SHARON BLACKMON-MALLOY. (Attachments: # 1 # 2)(Gebhardt, Joseph) (Entered: 07/12/2002)	July 12, 2002	July 12, 2002 PACER
22	Memorandum in opposition to motion re 18 to plaintiffs' motion for an order to disallow Nathaniel D. Johnson from serving as a class counsel filed by DAMON ADAMS, FRANK ADAMS, SHAFTON ADAMS, CHARLES AKINS, TWANDA ALEXANDER-WISE, ALL PLAINTIFFS, EARL ALLEN, BUTLER ALPHONSO, VERNON ALSTON JR., MARSHA ANDERSON, ROY ANDERSON, SHERRY BAILEY, KENNETH BALDWIN, DARYL BANKS, TRENTON BASS, LARRY BENNETT, CLARENCE BLACK, SHARON BLACKMON-MALLOY, LEWIN BLACKSTON, SHIRLEY BLAND, DARRIN BLOXON, ERIC BOGGS, REGINA BOLDEN-WHITAKER, HELEN BOND-JONES, GAYLE BOONE, WILBERT BOOTH JR., AMANDO BOWMAN, TERESA BRADBY, CLINTON BRADFORD, GRADY BRADFORD SR., SYLVIA BRADLEY, ROBERTS BRASWELL JR., TYRONE BROOKS, LORETTA BULLOCK, SAPHONIA BUTLER, KAYLANA BYRD, JOHN WILLIE CALDWELL JR., STEPHEN CANNADY, BRYAN CARTER, JOE CHRISTIAN, PERNELL CLARK, KAREN CLAY, WILLIAM CLEVELAND, LUATHUR COCHRAN, CHARLES COFFER JR., REGINALD COLLINS, MICHAEL COVINGTON, DORIAN COWARD, J. CREEKMAR, MONTE CURTIS, RONALD CURTIS. (Attachments: # 1 # 2 # 3 # 4)(td, ) (Entered: 07/17/2002)	July 15, 2002	July 15, 2002 PACER
	ORDER granting Motion for Extension of Time to File Response/Reply 21 . Signed by Judge Emmet G. Sullivan on July 17, 2002. (GK, )	July 17, 2002	July 17, 2002 PACER
23	REPLY to opposition to motion re 18 Disallow Nathaniel D. Johnson filed by SHARON BLACKMON-MALLOY. (Gebhardt, Joseph) (Entered: 07/22/2002)	July 22, 2002	July 22, 2002 PACER
24	Consent MOTION for Extension of Time to File opposition to defendant's motion to dismiss or strike the complaints by ALL PLAINTIFFS. (td, ) (Entered: 08/06/2002)	Aug. 5, 2002	Aug. 5, 2002 PACER
25	ORDER granting plaintiffs' Motion for Extension of Time to respond in opposition to defendant's motion to dismiss or strike complaints until September 3, 2002 24 . Signed by Judge Emmet G. Sullivan on August 6, 2002. (td, ) (Entered: 08/07/2002)	Aug. 6, 2002	Aug. 6, 2002 PACER
26	NOTICE of Withdrawal by all plaintiffs (Gebhardt, Joseph) (Entered: 08/20/2002)	Aug. 20, 2002	Aug. 20, 2002 PACER
27	NOTICE to withdraw the apprearances of Elaine Lynette Fitch, James E. Fisher, II and Jenny Celestin as counsel for plaintiffs by ALL PLAINTIFFS (td, ) (Entered: 08/30/2002)	Aug. 22, 2002	Aug. 22, 2002 PACER
28	Memorandum in opposition to motion re 20 Defendant's Motion to Dismiss filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit Office of Compliance web site# 2 Exhibit Thompson letter# 3 Exhibit Ware letter (Ex. C))(Gebhardt, Joseph) (Entered: 08/30/2002)	Aug. 30, 2002	Aug. 30, 2002 PACER
29	Memorandum in opposition to motion re 20 filed by DAMON ADAMS, FRANK ADAMS, SHAFTON ADAMS, CHARLES AKINS, TWANDA ALEXANDER-WISE, ALL PLAINTIFFS, EARL ALLEN, BUTLER ALPHONSO, VERNON ALSTON JR., MARSHA ANDERSON, ROY ANDERSON, SHERRY BAILEY, KENNETH BALDWIN, DARYL BANKS, TRENTON BASS, LARRY BENNETT, CLARENCE BLACK, SHARON BLACKMON-MALLOY, LEWIN BLACKSTON, SHIRLEY BLAND, DARRIN BLOXON, ERIC BOGGS, REGINA BOLDEN-WHITAKER, HELEN BOND-JONES, GAYLE BOONE, WILBERT BOOTH JR., AMANDO BOWMAN, TERESA BRADBY, CLINTON BRADFORD, GRADY BRADFORD SR., SYLVIA BRADLEY, ROBERTS BRASWELL JR., TYRONE BROOKS, LORETTA BULLOCK, SAPHONIA BUTLER, KAYLANA BYRD, JOHN WILLIE CALDWELL JR., STEPHEN CANNADY, BRYAN CARTER, JOE CHRISTIAN, PERNELL CLARK, KAREN CLAY, WILLIAM CLEVELAND, LUATHUR COCHRAN, CHARLES COFFER JR., REGINALD COLLINS, MICHAEL COVINGTON, DORIAN COWARD, J. CREEKMAR, MONTE CURTIS, RONALD CURTIS. (Attachments: # 1 # 2)(td, ) (Entered: 09/06/2002)	Sept. 3, 2002	Sept. 3, 2002 PACER
30	Consent MOTION for Extension of Time to File Response/Reply to Opposition to Motion to Dismiss by UNITED STATES CAPITOL POLICE BOARD. (Weinstein, Laurie) (Entered: 09/07/2002)	Sept. 7, 2002	Sept. 7, 2002 PACER
	ORDER granting Consent Motion for Extension of Time to File Response/Reply 30 . Signed by Judge Emmet G. Sullivan on September 10,2002. (GK, )	Sept. 10, 2002	Sept. 10, 2002 PACER
31	ORDER denying without prejudice Motion to Certify Class 10, denying Motion to Disallow Nathaniel D. Johnson from Serving as Class Counsel 18, granting in part Motion to Stay 19, ordering Attorney Nathaniel D. Johnson to file pleading with the Court and to Show Cause, and scheduling Status Hearing for October 11, 2002 at 10:00 a.m. Signed by Judge Emmet G. Sullivan on September 16, 2001. (lcegs1) (Entered: 09/16/2002)	Sept. 16, 2002	Sept. 16, 2002 PACER
	Set/Reset Hearings: Status Conference set for 10/11/2002 10:00 AM in Courtroom 1. (lcegs1)	Sept. 16, 2002	Sept. 16, 2002 PACER
32	RESPONSE to 31 show cause order by DAMON ADAMS, FRANK ADAMS, SHAFTON ADAMS, CHARLES AKINS, TWANDA ALEXANDER-WISE, ALL PLAINTIFFS, EARL ALLEN, BUTLER ALPHONSO, VERNON ALSTON JR., MARSHA ANDERSON, ROY ANDERSON, SHERRY BAILEY, KENNETH BALDWIN, DARYL BANKS, TRENTON BASS, LARRY BENNETT, CLARENCE BLACK, SHARON BLACKMON-MALLOY, LEWIN BLACKSTON, SHIRLEY BLAND, DARRIN BLOXON, ERIC BOGGS, REGINA BOLDEN-WHITAKER, HELEN BOND-JONES, GAYLE BOONE, WILBERT BOOTH JR., AMANDO BOWMAN, TERESA BRADBY, CLINTON BRADFORD, GRADY BRADFORD SR., SYLVIA BRADLEY, ROBERTS BRASWELL JR., TYRONE BROOKS, LORETTA BULLOCK, SAPHONIA BUTLER, KAYLANA BYRD, JOHN WILLIE CALDWELL JR., STEPHEN CANNADY, BRYAN CARTER, JOE CHRISTIAN, PERNELL CLARK, KAREN CLAY, WILLIAM CLEVELAND, LUATHUR COCHRAN, CHARLES COFFER JR., REGINALD COLLINS, MICHAEL COVINGTON, DORIAN COWARD, J. CREEKMAR, MONTE CURTIS, RONALD CURTIS. (Attachments: # 1)(td, ) (Entered: 09/25/2002)	Sept. 24, 2002	Sept. 24, 2002 PACER
33	REPLY to 32 Attorney Nathaniel D. Johnson's Response to the Court's Request for Information and Response to Show Cause Order by ALL PLAINTIFFS. (Day, Charles) (Entered: 09/30/2002)	Sept. 30, 2002	Sept. 30, 2002 PACER
34	ERRATA to Reply of Plaintiffs Blackmon-Malloy et al. to Attorney Nathaniel D. Johnson's Response to the Court's Request for Information and Response to Show Cause Order by ALL PLAINTIFFS. (Day, Charles) (Entered: 10/02/2002)	Oct. 2, 2002	Oct. 2, 2002 PACER
35	MOTION for Leave to File Excess Pages by UNITED STATES CAPITOL POLICE BOARD. (Weinstein, Laurie) (Entered: 10/02/2002)	Oct. 2, 2002	Oct. 2, 2002 PACER
36	REPLY in support of motion re 20 to dismiss or strike complaints filed by UNITED STATES CAPITOL POLICE BOARD. (Attachments: # 1 Exhibit Mediation Agreement Form# 2 Exhibit July 26, 2001 Letter from Blackmon-Malloy to Ware# 3 Exhibit Letter from Office of Compliance to Ware)(Weinstein, Laurie) (Entered: 10/02/2002)	Oct. 2, 2002	Oct. 2, 2002 PACER
37	Minute Entry: Status Conference held on 10/11/2002 before Judge Sullivan, Case stayed for 60 days and referred to Magistrate Judge Facciola for resolution of attorneys J. Gebhardt and N. Johnson representation of plaintiffs. Status Conference set for 12/13/2002 10:15 AM in Courtroom 1.(Court Reporter Judy Brown (Miller).) (whb, ) (Entered: 10/11/2002)	Oct. 11, 2002	Oct. 11, 2002 PACER
38	ORDER Signed by Judge Emmet G. Sullivan on October 11, 2002. (lcegs1) (Entered: 10/11/2002)	Oct. 11, 2002	Oct. 11, 2002 PACER
	Set/Reset Hearings: Status Conference set for 12/13/2002 10:15 AM in Courtroom 1. lcegs1)	Oct. 13, 2002	Oct. 13, 2002 PACER
	CASE REFERRED to Magistrate Judge John M. Facciola for resolution of plaintiff's attorney representation. (cp, )	Oct. 16, 2002	Oct. 16, 2002 PACER
39	Notice to counsel regarding referral of case to Judge Facciola for settlement. (SB, ) (Entered: 10/18/2002)	Oct. 18, 2002	Oct. 18, 2002 PACER
	ORDER granting Motion for Leave to File Excess Pages 35 . Signed by Judge Emmet G. Sullivan on October 18, 2002. (GK, )	Oct. 18, 2002	Oct. 18, 2002 PACER
	MAGISTRATE REFERRAL ENDED. (ldc, )	Nov. 27, 2002	Nov. 27, 2002 PACER
40	MOTION to Stay the Claims of the Self-Described Ikard Plaintiffs by ALL PLAINTIFFS. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C)(Gebhardt, Joseph) (Entered: 12/02/2002)	Dec. 2, 2002	Dec. 2, 2002 PACER
41	Consent MOTION to Continue the Status Conference and for an Extension of Time to Respond to a Pending Motion by ALL PLAINTIFFS. (Gebhardt, Joseph) (Entered: 12/06/2002)	Dec. 6, 2002	Dec. 6, 2002 PACER
	ORDER granting 41 Motion to Continue. Signed by Judge Emmet G. Sullivan on December 9, 2002.(lcegs1)	Dec. 9, 2002	Dec. 9, 2002 PACER
42	ORDER scheduling status hearing for January 8, 2003 at 10:00 a.m. in Courtroom One. Signed by Judge Emmet G. Sullivan on December 9, 2002. (lcegs1) (Entered: 12/10/2002)	Dec. 10, 2002	Dec. 10, 2002 PACER
	Minute Entry for proceedings held before Judge Emmet G. Sullivan : Status Conference held on 1/8/2003. Status Conference set for 2/20/2003 10:00 AM in Courtroom 1 before Emmet G. Sullivan. (Court Reporter Frank Rangus.) (clv, )	Jan. 8, 2003	Jan. 8, 2003 PACER
	Calendar Entry, Set/Reset Hearings: Settlement Conference set for 2/4/2003 02:00 PM before Magistrate Judge John M. Facciola; to be held in chambers, room 1426, first floor. (ldc, )	Jan. 9, 2003	Jan. 9, 2003 PACER
	Calendar Entry, Set/Reset Hearings: RE NOTICE: Settlement Conference set for 2/3/2003 02:00 PM before Magistrate Judge John M. Facciola; to be held in chambers, room 1426, first floor. (ldc, )	Jan. 9, 2003	Jan. 9, 2003 PACER
43	First MOTION for Limited Admission Motion for Admission Pro Hac Vice by SHARON BLACKMON-MALLOY. (Gebhardt, Joseph) (Entered: 01/09/2003)	Jan. 9, 2003	Jan. 9, 2003 PACER
	ORDER granting 43 Motion for Limited Admission. Signed by Judge Emmet G. Sullivan on January 9, 2003. (lcegs1)	Jan. 9, 2003	Jan. 9, 2003 PACER
44	Scheduling order signed by Judge Emmet G. Sullivan on January 9, 2003. (lcegs1) (Entered: 01/09/2003)	Jan. 9, 2003	Jan. 9, 2003 PACER
	CASE REFERRED to Magistrate Judge John M. Facciola for settlement. (cp, )	Jan. 9, 2003	Jan. 9, 2003 PACER
45	Calendar Entry. Settlement Conference is set for 2/4/2003 02:00 PM before Magistrate Judge John M. Facciola. It will be held in Chambers, Room 1426. Previous calendar entry was entered in error. (lcjf1, ) (Entered: 01/10/2003)	Jan. 10, 2003	Jan. 10, 2003 PACER
46	MEMORANDUM to the Court Regarding Resolution of Representation Issues from All Plaintiffs. (Gebhardt, Joseph) (Entered: 01/14/2003)	Jan. 14, 2003	Jan. 14, 2003 PACER
47	WITHDRAWAL of Motion by ALL PLAINTIFFS Plaintiffs' Notice of Withdrawal of Two Motions. (Gebhardt, Joseph) (Entered: 01/20/2003)	Jan. 20, 2003	Jan. 20, 2003 PACER
48	ORDER denying without prejudice to refiling 20 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Emmet G. Sullivan on January 21, 2003. (lcegs1) (Entered: 01/21/2003)	Jan. 21, 2003	Jan. 21, 2003 PACER
49	ENTERED IN ERROR.................Joint Second Amended Class Action Complaint ANSWER to Amended Complaint by SHARON BLACKMON-MALLOY.(Gebhardt, Joseph) Modified on 1/30/2003 (cdw, ). (Entered: 01/29/2003)	Jan. 29, 2003	Jan. 29, 2003 PACER
51	AMENDED COMPLAINT (joint second) against UNITED STATES CAPITOL POLICE BOARD, filed by DAMON ADAMS, FRANK ADAMS, SHAFTON ADAMS, CHARLES AKINS, TWANDA ALEXANDER-WISE, ALL PLAINTIFFS, EARL ALLEN, BUTLER ALPHONSO, VERNON ALSTON JR., MARSHA ANDERSON, ROY ANDERSON, SHERRY BAILEY, KENNETH BALDWIN, DARYL BANKS, TRENTON BASS, LARRY BENNETT, CLARENCE BLACK, SHARON BLACKMON-MALLOY, LEWIN BLACKSTON, SHIRLEY BLAND, DARRIN BLOXON, ERIC BOGGS, REGINA BOLDEN-WHITAKER, HELEN BOND-JONES, GAYLE BOONE, WILBERT BOOTH JR., AMANDO BOWMAN, TERESA BRADBY, CLINTON BRADFORD, GRADY BRADFORD SR., SYLVIA BRADLEY, ROBERTS BRASWELL JR., TYRONE BROOKS, LORETTA BULLOCK, SAPHONIA BUTLER, KAYLANA BYRD, JOHN WILLIE CALDWELL JR., STEPHEN CANNADY, BRYAN CARTER, JOE CHRISTIAN, PERNELL CLARK, KAREN CLAY, WILLIAM CLEVELAND, LUATHUR COCHRAN, CHARLES COFFER JR., REGINALD COLLINS, MICHAEL COVINGTON, DORIAN COWARD, J. CREEKMAR, MONTE CURTIS, RONALD CURTIS.(td, ) (Entered: 02/03/2003)	Jan. 29, 2003	Jan. 29, 2003 PACER
50	Consent MOTION to Consolidate Cases and to Stay Proceedings by SHARON BLACKMON-MALLOY. (Gebhardt, Joseph) (Entered: 01/30/2003)	Jan. 30, 2003	Jan. 30, 2003 PACER
52	ORDER granting 50 Motion to Consolidate Cases. Signed by Judge Emmet G. Sullivan on February 5, 2003. (lcegs1) (Entered: 02/05/2003)	Feb. 5, 2003	Feb. 5, 2003 PACER
	AS OF 2/5/03, ALL PLEADINGS ARE BEING DOCKETED IN LEAD CASE NUMBER 01CV2221. (td, )	Feb. 6, 2003	Feb. 6, 2003 PACER
53	ORDER consolidating Civil Action 02-2482 with this case. Signed by Judge Emmet G. Sullivan on February 28, 2003. (lcegs1) (Entered: 02/28/2003)	Feb. 28, 2003	Feb. 28, 2003 PACER
	Calendar Entry, Set/Reset Hearings: Settlement Conference set for 9/16/2003 03:30 PM before Magistrate Judge John M. Facciola, to be held in Chambers, room 1426, first floor. (ldc, )	Aug. 19, 2003	Aug. 19, 2003 PACER
54	Joint MOTION for Hearing : Parties' Joint Request for an Early Status Conference by ALL PLAINTIFFS. (Gebhardt, Joseph) (Entered: 10/16/2003)	Oct. 16, 2003	Oct. 16, 2003 PACER
	MINUTE ORDER granting 54 Parties' Joint Motion for an Early Status Conference on December 4, 2003 at 10:00 a.m. in Courtoom One. Signed by Judge Emmet G. Sullivan on October 17, 2003. (lcegs1)	Oct. 17, 2003	Oct. 17, 2003 PACER
	Set/Reset Hearings: Status Conference set for 12/4/2003 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs1)	Oct. 17, 2003	Oct. 17, 2003 PACER
	Reset Hearings: Status Conference set for 12/4/03 is now set for 12/5/2003 at 10:45 AM in Courtroom 1 before Judge Emmet G. Sullivan. (clv, )	Nov. 13, 2003	Nov. 13, 2003 PACER
	The settlement conference currently scheduled for November 20, 2003 at 1:00 before Magistrate Judge Facciola is cancelled. (SP, )	Nov. 19, 2003	Nov. 19, 2003 PACER
55	REPORT. Signed by Judge Facciola on 12/4/2003. (lcjf1, ) (Entered: 12/04/2003)	Dec. 4, 2003	Dec. 4, 2003 PACER
	MINUTE ORDER Pursuant to the proceedings held in open court on December 5, 2003, it is by the Court hereby ORDERED that this case shall be returned to the active calendar of this Court; and it is FURTHER ORDERED that the government's request to file a potentially dispositive motion is granted. The government will file its Motion by December 22, 2003. The Response is due by January 22, 2004 and the Reply is due by February 5, 2004. A Motions Hearing will be held on March 10, 2004 at 11:00 a.m. in Courtroom One. Signed by Judge Emmet G. Sullivan on December 5, 2003. (lcegs1, )	Dec. 5, 2003	Dec. 5, 2003 PACER
	Set/Reset Hearings: Motion Hearing set for 3/10/2004 11:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs1)	Dec. 5, 2003	Dec. 5, 2003 PACER
	Status Hearing held before Judge Emmet G. Sullivan : Magistrate Judge's Report taken under advisement; joint request for protective order, granted; case to be returned to the active calendar; further status hearing set for 3/10/04 at 11:00 AM; scheduling order to be issued. (Court Reporter: Frank Rangus) (kk)	Dec. 5, 2003	Dec. 5, 2003 PACER
56	MEMORANDUM to the Court Regarding Settlement Discussions from Plaintiffs. (Attachments: # 1 Exhibit 1 Letter to CBC)(Gebhardt, Joseph) (Entered: 12/07/2003)	Dec. 7, 2003	Dec. 7, 2003 PACER
57	TRANSCRIPT of Proceedings held on December 5, 2003 before Judge Emmet G. Sullivan. Court Reporter: Frank J. Rangus. (cp, ) (Entered: 12/09/2003)	Dec. 8, 2003	Dec. 8, 2003 PACER
58	RESPONSE to Plaintiffs' Memorandum to the Court Regarding Settlement Discussions filed by UNITED STATES CAPITOL POLICE BOARD. (Weinstein, Laurie) (Entered: 12/15/2003)	Dec. 15, 2003	Dec. 15, 2003 PACER
59	ERRATA -Notice of Filing of Missing Page by UNITED STATES CAPITOL POLICE BOARD. (Weinstein, Laurie) (Entered: 12/15/2003)	Dec. 15, 2003	Dec. 15, 2003 PACER
60	NOTICE by SHARON BLACKMON-MALLOY of Request for Stipulation (Attachments: # 1 # 2 # 3)(Gebhardt, Joseph) (Entered: 12/16/2003)	Dec. 16, 2003	Dec. 16, 2003 PACER
61	ENTERED IN ERROR.....RESPONSE to Defendant's Response to Plaintiffs' Memorandum to the Court filed by ALL PLAINTIFFS. (Gebhardt, Joseph) Modified on 12/22/2003 (rje, ). (Entered: 12/19/2003)	Dec. 19, 2003	Dec. 19, 2003 PACER
	"NOTICE OF CORRECTED DOCKET ENTRY. Document No. 61 was entered in error and counsel was instructed to refile said pleading as a Reply." (rje, )	Dec. 22, 2003	Dec. 22, 2003 PACER
62	REPLY to 58 Defendant's Response to Plaintiff's Memorandum to the Court by ALL PLAINTIFFS. (Gebhardt, Joseph) (Entered: 12/22/2003)	Dec. 22, 2003	Dec. 22, 2003 PACER
63	Consent MOTION for Leave to File Excess Pages In Support of Motion to Dismiss by UNITED STATES CAPITOL POLICE BOARD. (Weinstein, Laurie) (Entered: 12/22/2003)	Dec. 22, 2003	Dec. 22, 2003 PACER
64	MOTION to Dismiss Joint Second Amended Class Action Complaint by UNITED STATES CAPITOL POLICE BOARD. (Attachments: # 1 Exhibit A- Letter June 12, 2001# 2 Errata B - BPA Letter# 3 Exhibit C- Letter August 3, 2001# 4 Errata D-Letter April 20, 2001# 5 Exhibit E - Letter July 3, 2002# 6 Exhibit F- Terminated Employees# 7 Exhibit G- Lyles Declaration# 8 Exhibit H - No Request for Counseling# 9 Exhibit I - Untimely Request for Counseling# 10 Errata J - Untimely Request for Mediation# 11 Exhibit K - Hyman Declaration with attachments# 12 Exhibit L- Herrera Declaration# 13 Exhibit M- Letter of August 1, 2001# 14 Exhibit N- Sample Mediation Agreement# 15 Exhibit O- Date of Counseling Request# 16 Exhibit P- Nonparticipation in Promotion Process# 17 Exhibit Q - Declaration of Jan Jones# 18 Exhibit R - General Order# 19 Exhibit S- Collective Bargaining Agreement# 20 Exhibit T- Braswell Grievance# 21 Exhibit U - No Specific Allegations# 22 Text of Proposed Order)(Weinstein, Laurie) (Entered: 12/22/2003)	Dec. 22, 2003	Dec. 22, 2003 PACER
65	RESPONSE to Plaintiff's Proposed Stipulation Regarding Diversity Training filed by UNITED STATES CAPITOL POLICE BOARD. (Weinstein, Laurie) (Entered: 12/22/2003)	Dec. 22, 2003	Dec. 22, 2003 PACER
	MINUTE ORDER granting 63 Defendant's Motion for Leave to File Excess Pages. Signed by Judge Emmet G. Sullivan on December 30, 2003. (lcegs1)	Dec. 30, 2003	Dec. 30, 2003 PACER
66	Consent MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Dismiss Joint Second Amended Class Action Complaint by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order)(Day, Charles) (Entered: 01/13/2004)	Jan. 13, 2004	Jan. 13, 2004 PACER
	MINUTE ORDER granting 66 Consent Motion for Extension of Time to File Response and Reply. Response due by 2/5/2004. Reply due by 2/26/2004. Signed by Judge Emmet G. Sullivan on January 15, 2004. (lcegs1, )	Jan. 15, 2004	Jan. 15, 2004 PACER
	MINUTE ORDER In light of the Minute Order dated January 15, 2004 extending the briefing schedule, the Court, sua sponte, ORDERS that the Motions Hearing previously scheduled for March 10, 2004 will be continued until May 11, 2004 at 10:00 a.m. in Courtroom One. Signed by Judge Emmet G. Sullivan on February 5, 2004. (lcegs1)	Feb. 5, 2004	Feb. 5, 2004 PACER
	Set/Reset Hearings: Motion Hearing set for 5/11/2004 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs1)	Feb. 5, 2004	Feb. 5, 2004 PACER
67	Memorandum in opposition to motion re 64 to Dismiss filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit 1 - Declaration of Sharon Blackmon-Malloy# 2 Attachment A to Exhibit 1# 3 Attachment B to Exhibit 1# 4 Attachment C to Exhibit 1# 5 Attachment D to Exhibit 1# 6 Attachment E to Exhibit 1# 7 Attachment F to Exhibit 1# 8 Exhibit 2 - Declaration of Duvall W. Phelps# 9 Exhibit 3 - Report to Congress# 10 Exhibit 4 - Declaration of Regina Bolden-Whitaker# 11 Exhibit 5 - Declaration of Earl Allen, Jr.# 12 Text of Proposed Order)(Gebhardt, Joseph) (Entered: 02/05/2004)	Feb. 5, 2004	Feb. 5, 2004 PACER
68	MOTION for Leave to File Plaintiffs' Motion for Leave to Re-File Motion for Class Certification and for Consideration with Defendant's Motion to Dismiss by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order)(Gebhardt, Joseph) (Entered: 02/05/2004)	Feb. 5, 2004	Feb. 5, 2004 PACER
69	MOTION to Certify Class by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order)(Gebhardt, Joseph) (Entered: 02/05/2004)	Feb. 5, 2004	Feb. 5, 2004 PACER