Case: Edwards v. City of Houston

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 414105 (fmremp) (Entered: 08/20/1992)

ORDER, set scheduling conference for 3:30 12/18/92 , entered; Parties notified. ( signed by Judge Ewing Werlein Jr ) (fmremp) (Entered: 08/20/1992)

CONSENTED MOTION to transfer case to Judge Lynn Hughes , and to consolidate H−75−1536 into this suit by Dorothy A Edwards, Afro−American Police, H P O Spanish Speak, et al, Motion Docket Date 9/8/92 [3−1] motion, 9/8/92 [3−2] motion , filed (fmremp) (Entered: 08/20/1992)

MEMORANDUM by Dorothy A Edwards, Afro−American Police, H P O Spanish Speak, et al, in support of [3−1] motion to transfer case to Judge Lynn Hughes, [3−2] motion to consolidate H−75−1536 into this suit , filed (fmremp) (Entered: 08/20/1992)

ORDER granting [3−1] motion to transfer case to Judge Lynn Hughes granting [3−2] motion to consolidate H−75−1536 into this suit , entered; Parties notified. ( signed by Judge Ewing Werlein Jr ) (fmremp) (Entered: 08/25/1992)

CASE reassigned to Judge Lynn N. Hughes (fmremp) (Entered: 08/25/1992)

UNOPPOSED MOTION to extend time to file response to pltf's original complaint by City of Houston, Motion Docket Date 9/28/92 [6−1] motion , filed (fmremp) (Entered: 09/09/1992)

ORDER granting [3−2] motion to consolidate H−75−1536 into this suit , cases are consolidated into this civil action, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 09/15/1992)

Consolidated Lead Case (fmremp) (Entered: 09/15/1992)

ORDER , entered in 75−1536 on 7/2/92 , Deadline updated; set pretrial conference for 10:00 12/14/92 (fmremp) (Entered: 09/15/1992)

ORDER granting [6−1] motion to extend time to file response to pltf's original complaint, reset answer due for 9/30/92 for City of Houston , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 09/16/1992)

ANSWER to Complaint by City of Houston (Added attorney John E Fisher), filed. (fmremp) (Entered: 10/02/1992)

Rec'd Consent Order on Confidentiality of Documents, frwd to CRD (fmremp) (Entered: 11/23/1992)

CONSENT ORDER ON CONFIDENTIALITY OF DOCUMENTS, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 12/15/1992)

Remailed orders entered on 12/15 and 12/16/92 to Mark McDonald. (fmremp) (Entered: 12/28/1992)

CLEAT Amicus Curae letter to court, filed. (fmremp) (Entered: 01/12/1993)

CONFERENCE MEMORANDUM, telephone conference held before Judge Lynn N Hughes Ct Reporter: none, the parties hsall give the court, on diskete, a copy of the notice form by 1/21/93/ The court will review it and return an approved copy, set notice of compliance for the objection due for 3/12/93 at noon , set pretrial conference for 9:00 3/25/93 in Courtroom 11C , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 02/04/1993)

CONSENT DECREE set miscellaneous hearing to 9:00 3/24/93 for [13−3] order setting the deadlines for proposed settlement , terminated deadlines , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 02/12/1993)

OBJECTION to [14−3] consent decree by D J Harford , filed. (fmremp) (Entered: 02/19/1993)

NOTICE of HPD Officer opposition to settlement, by Lt Mark S Holloway , filed (fmremp) (Entered: 06/08/1993)

NOTICE of HPD officer D J Harford, letter to court, re: settlement , filed (fmremp) (Entered: 02/25/1993)

ORDER: Objections to the proposed settlement must be stated in writing with the specific reason for the objection. entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 02/25/1993)

OBJECTION of Robert A. Wilkinson, to proposed settlement, filed. (fmremp) (Entered: 02/26/1993)

OBJECTION to [16−1] notice/consent decree by Terry Hughes , filed. (fmremp) (Entered: 03/03/1993)

OBJECTION to Proposed Settlement, of Michael E. McClane, Sgt./HPD, filed. (fmremp) (Entered: 03/11/1993)

OBJECTION to Settlement, by Sgt. Jammer/HPD, filed. (fmremp) (Entered: 03/11/1993)

OBJECTIONS to SETTLEMENT, by Sgt Robert Wolfe, Pres. of City Marshals Assoc., filed. (fmremp) (Entered: 03/12/1993)

MOTION to substitute attorney by Willie Fields, Richard Humphrey, Bennie L Green, McLoy Medlock, Motion Docket Date 4/1/93 [23−1] motion , filed (fmremp) (Entered: 03/15/1993)

OBJECTIONS to ORDER OF DISMISSAL entered in case H−75−1536 (consolidated) by Willie Fields, Richard Humphrey, Bennie L Green, McLoy Medlock , filed. (fmremp) (Entered: 03/15/1993)

OBJECTIONS to CONSENT DECREE, by Willie Fields, Richard Humphrey, Bennie L Green, McLoy Medlock , filed. (fmremp) (Entered: 03/15/1993)

MOTION to intervene and OBJECTION TO THE PROPOSED SETTLEMENT, by Female/Asian−America, Motion Docket Date 4/1/93 [26−1] motion , filed (fmremp) (Entered: 03/15/1993)

OBJECTION to the proposed settlement, by Female/Asian−America , filed. (This is the 2nd part of doc #26, "Motion for intervention...") (fmremp) (Entered:

Intervenor's COMPLAINT by Hou Police Patrolmen, Haril Walpole, Frank L Adamek, Joe M Aldaco, William E Baker, T Barankowski, Jerry A Briscoe, Ronnie P Brooks, Gregory P Countie, J Devereux, Russell Feussel, Barbara Gastmyer, James Klein, Donald Klepac, Steven McCreary, Donnie Pardue, James Pritchard, L N Rackley, J R Roberts, Jackie Shallington, Dennis Spradlin, Stanley Stephens, B G Willoughby, Thomas Zielinski against City of Houston , filed (fmremp) (Entered: 03/15/1993)

OBJECTIONS to the proposed Consent Decree in settlement of Class Action, by intervenors, Hou Police Patrolmen Union, et al , filed. (fmremp) (Entered: 03/15/1993)

OBJECTION to proposed settlement, by J.C. Netters, filed. (fmremp) (Entered: 03/16/1993)

OBJECTION to Entry of Consent Decree, filed by Doug Elder and Mark Clark, Representatives of the general membership of The Houston Police Officers Association, and all Class A Police Officers (fmremp) (Entered: 03/19/1993)

OBJECTION to Consent Decree, filed by Herman Mar, Lily Yep, Norman Wong, Sonny La, John Chen, Luke Ngo, Hieu Van Le, Mark Robinson, Kirk Gandingco, Rickey Dalme, Luis Lee, Rex Gates II, John Lei, Waiming Seto, Hoc Pham, Phuong Nguyen, Michael Gee, Steven Lee, Gordon Macintosh−Beatson, Mailow Seto, Jimmy S C Chau, David Nieto, Thong Nguyen and Peter Dahlman (fmremp) (Entered: 03/19/1993)

OBJECTION to Consent Decree, filed by Rhonda Harford (fmremp) (Entered: 03/19/1993)

Received/fwd to case manager, atty Jacqueline Medlock's Motion/Order for admission pro hac vice, f/consolidated pltfs, Humphrey, Fields, Green, and Medlock. (fmremp) (Entered: 03/15/1993)

FIRST AMENDED OBJECTIONS to Consent Decree, by Willie Fields, Richard Humphrey, Bennie L Green, McLoy Medlock , filed. (fmremp) (Entered: 03/17/1993)

ORDER, Motion hearing set for 9:30 3/22/93 for [27−1] motion to intervene, set for 9:30 3/22/93 for [26−1] motion to intervene , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ealexander) (Entered: 03/18/1993)

letter NOTICE of death of former Houston Police Officer Billy J. Marsh , filed (fmremp) (Entered: 03/19/1993)

JOINT RESPONSE by pltfs Dorothy A Edwards, et al, and deft City of Houston to [27−1] motion to intervene, [26−1] motion to intervene , filed (fmremp) (Entered: 03/22/1993)

ORDER , admitting Jacqueline Medlock to appear pro hac vice f/consolidated pltfs Humphrey, Fields, Green and Medlock. entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 03/23/1993)

Minute entry: Hearing held before Judge Lynn N Hughes. Ct Reporter: J. Sanchez. APP: Bain, Nelken, Cobb f/HPPU; Messa, Thomas, Rich f/Asians/females; Essmeyer f/Airport Police; Seymour f/Edwards pltfs; Acosta f/pltfs; Fisher, Begle f/City of Houston. 1. Begle is admitted pro hac vice. 2. The objection to Messa's joint representation is overruled. 3. denying without prejudice to being reurged after the hearing on objections: HPPU's [27−1] motion to intervene , Asian/female group's [26−1] motion to intervene and Airport Police's oral motion to intervene. 4. Bain may select two people who shall have access to the exams and answer sheets. (fmremp) (Entered: 03/24/1993)

DESIGNATION of Pauline Ng Lee as attorney in charge, by objectors Herman L Mar, Lily M Yep, Norman Wong, Sonny N La, John H Chen, John A Lei, Phuong T Nguyen, Michael H Gee, Steven Lee, Mailow Seto, Jimmy S.C. Chau and Peter B Dahlman, filed. (fmremp) (Entered: 03/24/1993)

MOTION to intervene by Herman L Mar, Lily M Yep, Norman Wong, Sonny N La, John H Chen, John nmi Chen, Phuong T Nguyen, Michael H Gee, Steven Lee, Mailow Seto, Jimmy S.C. Chau, Peter B Dahlman , or alternatively, for leave to file Intervention , and request for hearing by Herman L Mar, Lily M Yep, Norman Wong, Sonny N La, John H Chen, John nmi Chen, Phuong T Nguyen, Michael H Gee, Steven Lee, Mailow Seto, Jimmy S.C. Chau, Peter B Dahlman, Motion Docket Date 4/12/93 [42−1] motion, 4/12/93 [42−2] motion, 4/12/93 [42−3] motion , filed (fmremp) (Entered: 03/24/1993)

MOTION for limited intervention by Terry Hughes, individually and as a representative of the Houston Airport Police Officers Association and its officers and sergeants of the former Airport Police Force. Motion Docket Date 4/12/93 [43−1] motion , filed (fmremp) (Entered: 03/24/1993)

Intervenor's LIMITED COMPLAINT IN INTERVENTION, by Terry Hughes against City of Houston , filed (fmremp) (Entered: 03/24/1993)

MEMORANDUM by Terry Hughes in support of [43−1] motion for limited intervention , filed (fmremp) (Entered: 03/24/1993)

NOTICE of Motion for Limited Intervention, for March 24, 1993, 9:00 am., by Terry Hughes , filed (fmremp) (Entered: 03/24/1993)

NOTICE of PROFFER of the testimony of Sergeant Terry Hughes of the Airport Police, filed (fmremp) (Entered: 03/24/1993)

Intervenor's COMPLAINT by Herman L Mar, Lily M Yep, Norman Wong, Sonny N La, John Lei, John nmi Chen, Phuong T Nguyen, Michael H Gee, Steven Lee, Mailow Seto, Jimmy S.C. Chau, Peter B Dahlman against City of Houston , filed (fmremp) (Entered: 03/24/1993)

DESIGNATION OF WITNESSES by Herman L Mar, Lily M Yep, Norman Wong, Sonny N La, John Lei, John nmi Chen, Phuong T Nguyen, Michael H Gee, Steven Lee, Mailow Seto, Jimmy S.C. Chau, Peter B Dahlman filed. (fmremp) (Entered: 03/24/1993)

MOTION to intervene by Christopher W Jones, individually and as representative of a Class consisting of all Park Police Officers employed by the City of Houston. Motion Docket Date 4/12/93 [50−1] motion , filed (fmremp) (Entered: 03/24/1993)

ORDER granting [23−1] motion to substitute attorney terminated attorney Robert L Penrice for McLoy Medlock, attorney Robert L Penrice for Bennie L Green, attorney Robert L Penrice for Richard Humphrey, attorney Robert L Penrice for Willie Fields Added Jacqueline E Medlock , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 03/25/1993)

Received Exhibit A, SUPPLEMENT to [42−1] motion to intervene by Herman L Mar, Lily M Yep, Norman Wong, Sonny N La, John H Chen, John nmi Chen, Phuong T Nguyen, Michael H Gee, Steven Lee, Mailow Seto, Jimmy S.C. Chau, Peter B Dahlman by Herman L Mar, M Yep, Norman Wong, Sonny N La, John H Chen, John nmi Chen, Phuong T Nguyen, Michael H Gee, Steven Lee, Mailow Seto, Jimmy S.C. Chau, Peter B Dahlman , forwarded to case manager. (fmremp) (Entered: 03/24/1993)

AFFIDAVIT of Police Chief Sam Nuchia, filed. (fmremp) (Entered: 03/25/1993)

NOTICE of Atty Acosta's SUMMARY OF OBJECTIONS TO CONSENT DECREE , filed (fmremp) (Entered: 03/25/1993)

OBJECTIONS by various parties, received by atty Constance K. Acosta , filed. (Large bound pleading in black binder, loose in file). (fmremp) (Entered: 03/25/1993)

Minute entry: Hearing held before Judge Lynn N Hughes. Ct Reporter: J. Sanchez APP: C. Acosta, R. Seymoure, J. Fisher, C. Farrell, J. Medlock, P. Ku, M. Lee, K. Dahlman, P. Lee, J. Bain, C. Nelkin, R. Cobb, J. Messa, R. Walker, R. Thomas, M. Essmyer, T. Dill, C. Lawrence. Order to be entered. (fmremp) (Entered: 03/25/1993)

Exhibit list by Dorothy A Edwards, et al pltfs, re: Hearing on objections to consent decree, held 3/24/93, filed (fmremp) (Entered: 03/25/1993)

Exhibit list by HPPU, re: hearing on objections to consent decree, held 3/24/93 , filed (fmremp) (Entered: 03/25/1993)

Exhibit list of Airport Police, re: hearing on objections to consent decree, held 3/24/93 , filed (fmremp) (Entered: 03/25/1993)

FINDINGS OF FACT AND CONCLUSIONS OF LAW, entered ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 03/25/1993)

FINAL JUDGMENT: 1. This sentence is added after the first sentence of paragraph 34, on page 18, of the consent decree dated February 3, 1993: A person who receives a remedial promotion will receive compensatory retroactive seniority only back to the date six months after the earliest test that person took for the position, even if the promotion arises from a disparity in an earlier test. 2. With that addition, the interlocutory consent decree signed February 3, 1993, and entered February 12, 1993, is made a final judgment. entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 03/25/1993)

ORDER denying [50−1] motion to intervene, denying [43−1] motion for limited intervention, denying [42−1] motion to intervene, denying [27−1] motion to intervene, denying [26−1] motion to intervene. Court will consider motions to intervene for the purposes of appeal. These motions must be filed by April 19, 1993. set notice of compliance due for 4/19/93 , entered; Parties notified. ( signed by Judge N. Hughes ) (fmremp) (Entered: 03/26/1993)

Case closed (fmremp) (Entered: 03/26/1993)

MOTION to intervene for purposes of appeal by Houston Police Patro, Motion Docket Date 4/25/93 [62−1] motion , filed (ealexander) (Entered: 04/08/1993)

Rec'd &fwd to CRD Proposed Order awarding attorneys' fees &expenses to counsel for Pltfs for services performed through 2/3/93. (ealexander) (Entered: 04/08/1993)

MOTION to intervene for purposes of Appeal by Terry Hughes, Motion Docket Date 5/6/93 [64−1] motion , filed (fmremp) (Entered: 04/20/1993)

NOTICE OF APPEAL of [60−1] order, [59−1] findings of fact order, [61−1] order set notice of compliance due for 4/19/93 by Terry Hughes , filed. Fee Status: not paid (fmremp) (Entered: 04/20/1993)

MOTION to intervene for purposes of appeal by Dwana M. Langston, Pauline Justice, Laura K. Ladwig, Michelle R. Scheibe, Elizabeth G. Mihalco, Patti L. Matson, Nicolette S. Smith, Debra Gilbert, Motion Docket Date 5/9/93 [63−1] motion , filed (ealexander) Modified on 04/22/1993 (Entered: 04/20/1993)

SUPPLEMENT to [62−1] motion to intervene for purposes of appeal by Houston Police Patrolmen's Union &individual peace Officers Haril Walpole, et al Supplemental Motion Docket Date 5/9/93 [62−1] motion to intervene for purposes of appeal , filed. (ealexander) (Entered: 04/20/1993)

MOTION to intervene for the purposes of appeal by Doug Elder, Mark Clark, Motion Docket Date 5/9/93 [67−1] motion , filed (ealexander) Modified on 04/22/1993 (Entered: 04/20/1993)

MOTION to intervene for purposes of appeal of McLoy Medlock, Richard Humphrey, Willie Fields, Bennie L. Green by McLoy Medlock, Richard Humphrey, Willie Fields, Bennie L. Green, Motion Docket Date 5/9/93 [68−1] motion , filed (ealexander) (Entered: 04/20/1993)

NOTICE of James W. Harper Letter to Court, re: settlement , filed (recd from case manager 4/22/93). (fmremp) (Entered: 04/22/1993)

Letter from Pltf rec'd &fwd to file re: settlement. (ealexander) (Entered: 04/19/1993)

Notice of appeal and certified copy of docket transmitted to USCA: [65−1] appeal (fmremp) (Entered: 04/20/1993)

NOTICE OF APPEAL of [60−1] order, [59−1] findings of fact order, [61−1] order set notice of compliance due for 4/19/93 by Hou Police Patrolmen , filed. Fee Status: not paid (fmremp) (Entered: 04/26/1993)

NOTICE OF APPEAL of [60−1] order, [59−1] findings of fact order by Willie Fields, Richard Humphrey, Bennie L Green, McLoy Medlock , filed. Fee Status: paid Receipt #: 422937 (fmremp) (Entered: 04/26/1993)

Notice of appeal and certified copy of docket transmitted to USCA: [71−1] appeal (fmremp) (Entered: 04/26/1993)

Notice of appeal and certified copy of docket transmitted to USCA: [72−1] appeal (fmremp) (Entered: 04/26/1993)

USCA appeal fees received $ 105.00 Receipt #: 422976 (fmremp) (Entered: 04/26/1993)

NOTICE to all opposing parties, of order of transcript, by Terry Hughes , filed (fmremp) (Entered: 04/29/1993)

Transcript request [65−1] appeal , Ct Rptr: J. Sanchez, filed. (fmremp) (Entered: 04/29/1993)

Transcript request [72−1] appeal , advising transcript already on file, filed. (fmremp) (Entered: 05/06/1993)

TRANSCRIPT [72−1] appeal Hearing for dates of 6/15/92, filed. (ealexander) (Entered: 05/11/1993)

SUPPLEMENTAL APPLICATION/MOTION for attorney fees by Dorothy A Edwards, pltf class, Motion Docket Date 5/26/93 [76−1] motion , filed (fmremp) (Entered: 05/07/1993)

NOTICE of Docketing NOA from USCA Re: [65−1] appeal USCA NUMBER: 93−2315 (fmremp) (Entered: 05/06/1993)

NOTICE of Ordering of hearing listed on Transcript Order by Hou Police Patrolmen , filed (Original transcript order form attached, forwarded to court reporting services) (fmremp) (Entered: 05/12/1993)

NOTICE of Docketing NOA from USCA Re: [72−1] appeal, [71−1] appeal USCA NUMBER: 93−2315 (fmremp) (Entered: 05/11/1993)

Transcript request [71−1] appeal , filed. (fmremp) (Entered: 05/13/1993)

USCA appeal fees received $ 105.00 Receipt #: 423634 (fmremp) (Entered: 05/17/1993)

ORDER denying [62−1] [63−1] [64−1] [67−1] and [68−1] motions to intervene for purposes of appeal, of McLoy Medlock, Richard Humphrey, Willie Fields, Bennie L. Green , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 05/20/1993)

OPINION ON DENIAL OF INTERVENTION FOR APPEAL, entered. Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 05/24/1993)

NOTICE OF APPEAL of [80−1] order, [81−1] order by Female/Asian−America, Hou Police Patrolmen , filed. Fee Status: not paid (fmremp) (Entered: 06/08/1993)

MOTION for Costance Acosta to withdraw as attorney by Dorothy A Edwards et al, Motion Docket Date 7/1/93 [84−1] motion , filed (fmremp) (Entered: 06/14/1993)

USCA appeal fees received $ 105.00 Receipt #: 424734 (fmremp) (Entered: 07/13/1993)

NOTICE OF APPEAL of [80−1] order by Doug Elder, Mark W Clark , filed. Fee Status: not paid (fmremp) (Entered: 06/21/1993)