Case: Hamilton v. City of Wilmington

1:00-cv-00635 | U.S. District Court for the District of Delaware

Filed Date: July 7, 2000

Closed Date: July 29, 2003

Clearinghouse coding complete

Case Summary

On July 7, 2000, temporary employees of the City of Wilmington filed this class action lawsuit in the U.S. District Court for the District of Delaware. The plaintiffs sued the City of Wilmington under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Wilmington City Charter. The plaintiffs, represented by private counsel, asked the court for monetary relief and injunctive relief. Specifically, the plaintiffs alleged that the City denied city workers benefits including health care, pensions, life insu…

On July 7, 2000, temporary employees of the City of Wilmington filed this class action lawsuit in the U.S. District Court for the District of Delaware. The plaintiffs sued the City of Wilmington under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Wilmington City Charter. The plaintiffs, represented by private counsel, asked the court for monetary relief and injunctive relief.

Specifically, the plaintiffs alleged that the City denied city workers benefits including health care, pensions, life insurance, paid holidays, paid vacations, and paid sick days by replacing permanent city employees with temporary employees. The plaintiffs alleged that the City's decision violated the Constitution because the replacement had no rational basis beyond saving money.

On August 24, 2001, the parties notified Judge Gregory M. Sleet that a settlement had been reached. The settlement stated that the City of Wilmington would pay $210,000 in monetary relief to be distributed across all class members of the case. As the case moved forward the city had changed its temporary worker policy, negating the need for injunction relief.

On August 26, 2002, Judge Sleet found the proposed settlement fair and reasonable.

On September 4, 2002 a new plaintiff requested to participate in the settlement. On September 30, 2002 Judge Sleet ordered all individuals who filed claims forms on or before September 20, 2002 were eligible for participation in the plaintiffs’ case. 2002 WL 1998376. There has been no further activity, and the case now appears closed.

Summary Authors

Gabriela Hybel (10/10/2016)

People


Judge(s)

Sleet, Gregory Moneta (Delaware)

Attorneys(s) for Plaintiff

Bartoshesky, Phillip B. (Delaware)

Battaglia, Victor F. (Delaware)

Attorneys(s) for Defendant

James-Roberts, Brenda (Delaware)

McDonough, Kathleen F. (Delaware)

Streett, Diane C. (Delaware)

Voss, Wendy K. (Delaware)

Judge(s)

Sleet, Gregory Moneta (Delaware)

Attorneys(s) for Plaintiff

Bartoshesky, Phillip B. (Delaware)

Battaglia, Victor F. (Delaware)

Attorneys(s) for Defendant

James-Roberts, Brenda (Delaware)

McDonough, Kathleen F. (Delaware)

Streett, Diane C. (Delaware)

Voss, Wendy K. (Delaware)

Documents in the Clearinghouse

Document

Docket [PACER]

2002 WL 1998376

July 29, 2003 Docket

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed; Mag consent notice to pltf. FILING FEE $ 150.00 RECEIPT # 128982 (kc) (Entered: 07/07/2000)

July 7, 2000

DEMAND for jury trial by Sharon Hamilton, Jeannette Cunningham (kc) Modified on 07/10/2000 (Entered: 07/07/2000)

July 7, 2000

No summons issued. (kc) (Entered: 07/07/2000)

July 7, 2000
2

CASE assigned to Judge Gregory M. Sleet . Notice to all parties. (ntl) (Entered: 07/12/2000)

July 12, 2000
3

ANSWER to Complaint by City of Wilmington, James H. Sills, Mary Dees (Attorney Kathleen Furey McDonough, Wendy K. Voss, Diane C. Streett, Brenda James−Roberts), (gp) (Entered: 09/13/2000)

Sept. 5, 2000

Deadline updated; set Telephone Conference for 10:30 10/23/00 (gp) (Entered: 10/06/2000)

Oct. 6, 2000
4

NOTICE from Judge Sleet to counsel of initial 16.2a telecnf. scheduled for 10/23/00 10:30 a.m. (gp) (Entered: 10/06/2000)

Oct. 6, 2000
6

Letter to the Honorable Gregory M. Sleet from Diane Clarke Streett RE request that teleconference scheduled for 10/23/00 be rescheduled (dab) (Entered: 10/25/2000)

Oct. 17, 2000

Deadline updated; reset Telephone Conference for 9:30 10/30/00 (gp) (Entered: 10/19/2000)

Oct. 19, 2000
5

Re−NOTICE from Judge Sleet of rescheduling telecnf. to 10/30/00 at 9:30 (gp) (Entered: 10/19/2000)

Oct. 19, 2000
8

AMENDED COMPLAINT by Sharon Hamilton, Jeannette Cunningham , (Answer due 11/6/00 for Mary Dees, for James H. Sills, for City of Wilmington ) amending [1−1] complaint (gp) (Entered: 11/09/2000)

Oct. 27, 2000

Tele−conference held (Rpt. Gaffigan) 16 conf. scheduled for 11/21/00 at 9:00 a.m. (gp) (Entered: 11/07/2000)

Oct. 30, 2000

Deadline updated; set Tele−Scheduling Conference for 9:00 11/21/00 (gp) (Entered: 11/07/2000)

Oct. 30, 2000
9

Steno Notes for 10/30/00 (rpt. Gaffigan) (gp) (Entered: 11/09/2000)

Nov. 2, 2000

So Ordered granting [7−1] stipulation ( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 11/09/2000)

Nov. 6, 2000
10

NOTICE from Judge Sleet of 16 conf. scheduled for 11/21/00 at 9:00 a.m. (gp) (Entered: 11/13/2000)

Nov. 6, 2000
11

STATUS REPORT by Sharon Hamilton, Jeannette Cunningham, City of Wilmington, James H. Sills, Mary Dees, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones (gp) (Entered: 11/16/2000)

Nov. 14, 2000
12

ANSWER by City of Wilmington, James H. Sills, Mary Dees (Kathleen McDonough, Wendy Voss, Diane Clarke Street and Brenda James Roberts ) to amended complaint; jury demand (gp) (Entered: 11/28/2000)

Nov. 17, 2000

Scheduling conference held (rpt. Dibbs) schedule Judge Sleet entered as follows: (120) days for discovery on certification issue; open brief on class issue 04/16/01; status cnf. for 6/15/01 12:00; discovery fact and expert by 07/02/01; disp. motion deadline 7/16/01; 00−635 and 00−855 consolidated for discovery purposes only; cnsl.to confer on sched. re: temp.empl.claims &expt.rpts; pto due 10/29/01; ptc 11/19/01 4:00 p.m. (7) day jury trial 12/03/01 matter referred to Magistrate for mediation (cnsl. to submit proposed order consistant w/above by 12/28/00) (gp) (Entered: 11/21/2000)

Nov. 21, 2000

Deadline updated; set Scheduling Order Deadlines: Discovery deadline on 7/2/01 Deadline for filing dispositive motions by 7/16/01 Pretrial conference by 4:00 11/19/01 Trial Date Deadline 9:00 12/3/01 Proposed Pretrial Order due on or before 10/29/01 , set Status Conference for 12:00 6/15/01 (gp) (Entered: 11/21/2000)

Nov. 21, 2000
13

Steno Notes for 11/21/00 (rpt. Dibbs) (gp) (Entered: 12/03/2000)

Nov. 22, 2000
14

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of 1st set of interrog. to defts. (gp) Modified on 12/14/2000 (Entered: 12/14/2000)

Dec. 6, 2000
15

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of request for production of documents (gp) (Entered: 12/14/2000)

Dec. 6, 2000
16

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of 1st interrog. to deft. (gp) (Entered: 12/14/2000)

Dec. 12, 2000
17

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of request for production of documents (gp) (Entered: 12/14/2000)

Dec. 12, 2000
18

Proposed Scheduling Order filed by Sharon Hamilton, Jeannette Cunningham, City of Wilmington, James H. Sills, Mary Dees, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones (gp) (Entered: 12/21/2000)

Dec. 15, 2000

So Ordered granting [18−1] proposed Scheduling Order; see order for further details ( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 12/21/2000)

Dec. 21, 2000
20

STIPULATION extending time to and including 01/22/01 for defts. to respond to pltfs. 1st set of interrog and request for production of documents (gp) (Entered: 01/18/2001)

Jan. 16, 2001

So Ordered granting [20−1] stipulation extending time to 01/22/01 for defts. to respond to pltf. 1st interrog. and request for production ( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 01/25/2001)

Jan. 23, 2001
21

CERTIFICATE OF SERVICE by James H. Sills, Mary Dees re: dfts responses to pltfs' request for production, dfts' response to plaintiffs' 1st set of interrogatories to defendant (rdb) (Entered: 01/26/2001)

Jan. 23, 2001
22

CERTIFICATE OF SERVICE by City of Wilmington, James H. Sills, Mary Dees re: dft's production and interrogatories (1st set) (rdb) (Entered: 01/26/2001)

Jan. 23, 2001
23

ORDER, et Settlement Conference for 10:00 6/11/01 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (gp) (Entered: 01/31/2001)

Jan. 30, 2001
24

Proposed Stipulated Confidentiality Order filed (gp) Modified on 03/08/2001 (Entered: 02/15/2001)

Feb. 14, 2001

So Ordered granting [25−1] Stipulated Confidentiality order ( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 02/20/2001)

Feb. 20, 2001
25

CERTIFICATE OF SERVICE by City of Wilmington, James H. Sills, Mary Dees of 1st request for production of documents re: class certification issue (gp) (Entered: 03/02/2001)

March 1, 2001
26

CERTIFICATE OF SERVICE by City of Wilmington, James H. Sills, Mary Dees of 1st set of interrog. re: class certificatino issue (gp) (Entered: 03/02/2001)

March 2, 2001
27

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of 2nd set of interrog. to defts. (gp) (Entered: 03/08/2001)

March 2, 2001
28

CERTIFICATE OF SERVICE by City of Wilmington, James H. Sills, Mary Dees of responses to 2nd set of interrog. (gp) (Entered: 04/06/2001)

April 2, 2001
29

Opening Brief Filed by Sharon Hamilton, Jeannette Cunningham, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones in Support of Thier Motion for Class Certification (gp) (Entered: 04/20/2001)

April 16, 2001
30

Appendix to Brief Filed by Sharon Hamilton, Jeannette Cunningham, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones Appending [29−1] opening brief [Sealed] (gp) (Entered: 04/20/2001)

April 16, 2001
31

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of response to defts. 1st request for production (gp) (Entered: 04/25/2001)

April 19, 2001
32

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of response to deft. 1st set of interrog. (gp) (Entered: 04/25/2001)

April 19, 2001
33

Answer Brief in Opposition to pltfs. Motion for Class Certification Filed by City of Wilmington, James H. Sills, Mary Dees (gp) (Entered: 05/02/2001)

May 1, 2001
34

Letter from counsel for deft. regarding answering brief in in opposition to motion for class cert. (gp) (Entered: 05/09/2001)

May 1, 2001
35

Reply Brief Filed by Sharon Hamilton, Jeannette Cunningham, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones in Support of their Motion for Class Certification (gp) (Entered: 05/09/2001)

May 7, 2001
36

MOTION by City of Wilmington, James H. Sills, Mary Dees for Summary Judgment Answer Brief due 6/22/01 re: [36−1] motion (gp) (Entered: 06/12/2001)

June 8, 2001
38

Proposed Stiuplated Order Staying Action and Amending Scheduling Order filed by Sharon Hamilton, Jeannette Cunningham, City of Wilmington, James H. Sills, Mary Dees, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones (gp) (Entered: 06/25/2001)

June 20, 2001
39

Letter from counsel in support of proposed stipulated order staying action and amending scheduling order (gp) (Entered: 06/25/2001)

June 20, 2001

So Ordered granting [38−1] proposed order staying matter until 07/20/01; and Amending Scheduling order as follows:discovery cutoff 08/31/01; brief sched. on deft.motion for summary judgment plf. ans.brief 07/20/01 deft. rply. 08/10/01; briefing shall be completed by 09/06/01; see order for further details( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 06/26/2001)

June 26, 2001
40

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of 3rd interrog. to defts. (gp) (Entered: 07/13/2001)

July 12, 2001
41

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of 2nd request for production of documents to defts. (gp) (Entered: 07/13/2001)

July 12, 2001
42

STIPULATION Amending Briefing Schedule on defts. motion for summary judgment filed 6/8/01 (gp) (Entered: 07/18/2001)

July 18, 2001
43

Letter from counsel for pltf. in support of stip. to amend briefing schdule (gp) (Entered: 07/18/2001)

July 18, 2001

So Ordered granting [42−1] stipulation amending the brief schedule on defts. motion for summary judgment as follows: pltf. answering brief 07/31/01; defts. reply due 08/17/01 ( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 07/20/2001)

July 20, 2001

Deadline updated; reset Answer Brief Deadline to 7/31/01 re: [36−1] motion for Summary Judgment , reset Reply Brief Deadline to 8/17/01 re: [36−1] motion for Summary Judgment (gp) (Entered: 07/20/2001)

July 20, 2001
44

ORDER, that the continued reset Settlement Conference for 10:00 8/27/01 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (gp) (Entered: 07/30/2001)

July 27, 2001
45

Answer Brief Filed by Sharon Hamilton, Jeannette Cunningham [36−1] motion for Summary Judgment − Reply Brief due 8/7/01 (gp) (Entered: 08/01/2001)

July 31, 2001
46

Appendix to Brief Filed by Sharon Hamilton, Jeannette Cunningham Appending [45−1] answer brief [Sealed] (gp) (Entered: 08/01/2001)

July 31, 2001
47

Reply Brief Filed by City of Wilmington, James H. Sills, Mary Dees [36−1] motion for Summary Judgment (gp) (Entered: 08/20/2001)

Aug. 17, 2001
48

Letter from cnsl. for defts. that parties have reached a agreement on the terms of settlement that parties will submit proposed class certificatino and settlement terms for approval (gp) (Entered: 08/24/2001)

Aug. 24, 2001
49

Letter from counsel for pltf. that parties have reached a agreement to resolve mater (gp) (Entered: 09/26/2001)

Sept. 26, 2001
50

JOINT MOTION by Sharon Hamilton, Jeannette Cunningham, City of Wilmington, James H. Sills, Mary Dees, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones for Temporary Class Certification and Request Hearing on Proposed Settlement re: [50−1] motion (gp) (Entered: 10/30/2001)

Oct. 26, 2001
51

Letter from counsel for pltfs. requesting hearing to determine settlement (gp) (Entered: 01/18/2002)

Jan. 15, 2002

Deadline updated; Motion Hearing set for 10:00 3/26/02 for [50−1] motion for Temporary Class Certification and Request Hearing on Proposed Settlement (gp)

Jan. 31, 2002
53

ORDER that defendant motion for summary judgment is dismissed w/out prejudice ( signed by Judge Gregory M. Sleet ) copies to: cnsl. (gp) (Entered: 03/22/2002)

March 22, 2002

Motion hearing re: [50−1] motion for Temporary Class Certification and Request Hearing on Proposed Settlement held (rpt. Gaffigan); order Judge Sleet granting request for temporary class certification (gp) (Entered: 03/26/2002)

March 26, 2002
54

ORDER granting [50−1] motion for Temporary Class Certification Proposed Settlement; directing that w/in 45 days of this order 05/13/02 class members may exlcude; directing that class members by 05/13/02 submit claim forms; that objectinos by class members to proposed settlement shall be filed w/the clerk on or before 6/18/02; settting hearing on 07/18/02 at 10:00; see order for further details ( signed by Judge Gregory M. Sleet ) copies to: cnsl. in open court (gp) (Entered: 03/26/2002)

March 26, 2002
55

Steno Notes for 03/26/02 (rpt. Gaffigan) (gp) (Entered: 03/28/2002)

March 27, 2002

Deadline updated; set Settlement Conference for Approval of Settlment for 10:00 7/18/02 (gp) (Entered: 04/16/2002)

April 16, 2002
56

Claim form by Barbara J. Potter (gp) (Entered: 04/24/2002)

April 22, 2002
57

Claim by Tracy L. Taylor (gp) (Entered: 05/02/2002)

April 30, 2002
58

Claim by Elwood Barrett, III (gp) (Entered: 05/17/2002)

May 14, 2002
59

Claim by Nichole M. Torrence (gp) (Entered: 05/17/2002)

May 15, 2002
60

Letter from counsel for deft. regarding courts order of 03/26/02 that defts. file affidavit setting forth those persons to whom notice of proposed class action settlement was mailed, that at present defts. have not be able to file required affidavit and that counsel for both parties are planning to meet and rsolve issue and they anticipate filing affidavit on or before 6/`7/01 (gp) (Entered: 06/07/2002)

June 6, 2002
61

Claim form from Carolos A. Diaz (gp) (Entered: 06/12/2002)

June 10, 2002
62

NOTICE of lodging of Affidavit of Kathleen McDonough by City of Wilmington, James H. Sills (gp) (Entered: 06/20/2002)

June 17, 2002
63

Letter from counsel for pltf. regarding claims received after the 05/13/02 deadline requesting court's permission to waive filing deadline (gp) (Entered: 07/03/2002)

June 28, 2002
64

Letter from counsel for defts. that they do not obj. to pltfs. request to waive filing deadline (gp) (Entered: 07/11/2002)

July 9, 2002
65

ORDER that the 05/13/02 filing deadline is extended up to and including 06/29/02 ( signed by Judge Gregory M. Sleet ) copies to: cnsl. (gp) (Entered: 07/11/2002)

July 10, 2002

Hearing held before Judge Sleet (rpt. Gaffigan) to determine whether the proposed settlement is fair, reasonable and adequate for the Ceritified Class; reserved Judge Sleet (gp) (Entered: 07/18/2002)

July 18, 2002
66

Steno Notes for 07/18/02 (rpt. Gaffigan) (gp) (Entered: 07/18/2002)

July 18, 2002
67

TRANSCRIPT filed for dates of 07/18/02 (gp) (Entered: 07/19/2002)

July 19, 2002
68

Proposed Order and Final Judgment filed (gp) (Entered: 08/21/2002)

Aug. 19, 2002
69

MEMORANDUM AND ORDER that parties proposed settlement is fair, reasonable and adequate; the court directs that settlement funds be distributed in the manner suggested in the parties order submitted 7/18/02; see order for further details (signed by Judge Gregory M. Sleet ) copies to: cnsl. (gp) (Entered: 08/26/2002)

Aug. 26, 2002

Case closed (gp) (Entered: 08/29/2002)

Aug. 26, 2002
71

Letter from counsel for pltf. re: Darry Wilson/climant late claim, and request to participate in settlement (gp) (Entered: 09/10/2002)

Sept. 4, 2002
72

Letter response from cnsl. for deft. to pltf. letter of 09/04/02 re: late claim (gp) (Entered: 09/10/2002)

Sept. 6, 2002
73

Letter from counsel for pltfs. w/follow up as to application by Daryl Wilson to be permitted to file a claim out of time, that parties agree that Daryl Wilson should be treated as other members of the class (gp) (Entered: 09/25/2002)

Sept. 24, 2002
74

Letter from counsel for defts. in response to pltf. letter of 09/24/02 regarding late filing by Daryl Wilson requesting permission to participate in class; defts. do not oppose Mr. Wilson's inclusion in class and have attached a proposed order with modifications and stip. to by pltfs. for approval (gp) (Entered: 09/26/2002)

Sept. 25, 2002
75

ORDER that those individuals who filed calims forms on or before 09/20/02 are otherwise eligible for participation in the plaintiff class; no claims received after 09/20/02 will be considered as eligible for participation in the class; see order for further details ( signed by Judge Gregory M. Sleet ) copies to: cnsl. (gp) (Entered: 09/30/2002)

Sept. 30, 2002
76

ORDER advising that case will be forwarded to FARC after 6 months and directing that sealed documents be returned to filing parties; see order for further details ( signed by Judge Gregory M. Sleet ) copies to: cnsl. (gp) (Entered: 07/10/2003)

July 1, 2003
77

Return Acknowledgment from cnsl. of receipt of sealed DI nos. 30, and 46 (gp) (Entered: 07/30/2003)

July 29, 2003

State / Territory: Delaware

Case Type(s):

Equal Employment

Key Dates

Filing Date: July 7, 2000

Closing Date: July 29, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

City of Wilmington employees who were excluded from benefits such as health care, pensions, paid sick days, paid vacation, and life insurance.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Wilmington (New Castle), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

State law

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $210,000