Case: Luevano v. Ezell

1:79-cv-00271 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 29, 1979

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a long-standing case about equal employment in the federal civil service. The case was originally brought in 1979 by nonprofit counsel against the then Director of the Officer of Personnel Management (OPM) as a class action lawsuit in the United States District Court for the District of Columbia. The applicants had filed suit, claiming that the Professional and Administrative Career Examination (PACE) violated Title VII of the Civil Rights Act of 1964. The Plaintiffs alleged that PACE, …

This is a long-standing case about equal employment in the federal civil service. The case was originally brought in 1979 by nonprofit counsel against the then Director of the Officer of Personnel Management (OPM) as a class action lawsuit in the United States District Court for the District of Columbia. The applicants had filed suit, claiming that the Professional and Administrative Career Examination (PACE) violated Title VII of the Civil Rights Act of 1964. The Plaintiffs alleged that PACE, which was used by the Civil Service Commission during its hiring process, had an adverse impact on Black and Hispanic applicants. The case ultimately settled in a 1981 Consent Decree, under which the federal government in part agreed to (1) eliminate PACE, and (2) establish two special hiring programs, Outstanding Scholar and Bilingual/Bicultural. The Clearinghouse does not have access to the original complaint at this time.

The Consent Decree had been in place for 45 years when, on March 10, 2025, the new OPM Director under Donald Trump's second administration moved to terminate it. He argued that the Consent Decree discriminated on the basis of race in violation of the Constitution. A memorandum explaining the government's position was submitted alongside the motion to vacate on March 10, 2025. In the memorandum, Defendants argued that the consent decree is unworkable, and that it conflicts with current law. The case was assigned to Judge Reggie B. Walton. 

On May 15, American Moment and Feds for Freedom filed a motion to intervene as defendants, or in the alternative, to participate as amicus curiae.

On June 2, Plaintiffs filed a motion to stay case deadlines pending ongoing negotiations, which the Court granted the following day. The Court further ordered the parties to submit joint status reports every two weeks to apprise them of the status of the case. On June 17, the proposed Defendant-Intervenors filed a motion to partially lift the June 3 stay for the limited purpose of adjudicating their motion to intervene. 

On July 29, the parties submitted a Joint Motion for Relief from the Consent Decree. Plaintiffs voluntarily dismissed the action with prejudice, stipulating that the Decree had expired by its own terms and had therefore been satisfied, released, or discharged. The Court granted the motion on August 1, dismissing the case and denying all related motions as moot. 

The case is ongoing. 

Summary Authors

Juliet Alpert (3/19/2025)

Emma Vayda (8/7/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69731384/parties/luevano-v-director-office-of-personnel-management/


Judge(s)
Attorney for Plaintiff

Bailey, Jason Paul (District of Columbia)

Baller, Morris J. (California)

Attorney for Defendant

Blankenstein, Paul (District of Columbia)

Braniff, Andrew G. (District of Columbia)

Chavez, Mark A. (District of Columbia)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

1:79-cv-00271

Bulk Records from Pre-CM/ECF- Records Use Only

Jan. 29, 1979

Jan. 29, 1979

Other

1:79-cv-00271

ORDER MODIFYING THE LIST OF DEFENDANT CLASS MEMBERS, and ORDER GRANTING FINAL APPROVAL TO THE CONSENT DECREE

Luevano v. Campbell

Nov. 19, 1981

Nov. 19, 1981

Order/Opinion

93 F.R.D. 68

1:79-cv-00271

Opinion and Order

Luevano v. Horner

June 27, 1988

June 27, 1988

Order/Opinion

1988 WL 147603

2

1:79-cv-00271

Motion to Terminate the Consent Decree

Luevano v. Campbell

March 10, 2025

March 10, 2025

Pleading / Motion / Brief
11

1:79-cv-00271

Motion of American moment and Feds for Freedom to Intervene as Defendants

May 15, 2025

May 15, 2025

Pleading / Motion / Brief
18

1:79-cv-00271

Plaintiffs' Motion to Stay Deadlines Pending Ongoing Negotiations to Seek Resolution of Matter

June 2, 2025

June 2, 2025

Pleading / Motion / Brief
20

1:79-cv-00271

Proposed Defendant-Intervenors' Motion to Partially Lift the Stay

June 17, 2025

June 17, 2025

Pleading / Motion / Brief
32

1:79-cv-00271

Joint Motion for Relief Pursuant to Federal Rule of Civil Procedure 60(b)(5) and Stipulation in Support

July 29, 2025

July 29, 2025

Pleading / Motion / Brief
33

1:79-cv-00271

Order

Aug. 1, 2025

Aug. 1, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69731384/luevano-v-director-office-of-personnel-management/

Last updated Sept. 7, 2025, 11:41 p.m.

ECF Number Description Date Link Date / Link
1

ALL DOCKET ENTRIES PRIOR TO OCTOBER, 1994 FROM MICROFICHE (PRE CM/ECF). (znmw) (Entered: 03/12/2025)

1

View on RECAP

2

View on RECAP

3

View on RECAP

4

View on RECAP

5

View on RECAP

Jan. 29, 1979

Jan. 29, 1979

Clearinghouse
10

BULK RECORDS AND TRANSCRIPTS FROM PRE-CM/ECF. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1). (Entered: 04/25/2025)

1 Exhibit

View on RECAP

2 Exhibit

View on RECAP

Jan. 29, 1979

Jan. 29, 1979

RECAP
2

MOTION to Vacate Consent Decree by DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(znmw) (Entered: 03/12/2025)

1 Text of Proposed Order

View on PACER

2 Certificate of Service

View on PACER

March 10, 2025

March 10, 2025

Clearinghouse

Case Assigned/Reassigned

March 13, 2025

March 13, 2025

PACER

Case Reassigned to Judge Reggie B. Walton. Joyce Hens Green is no longer assigned to the case. (znmw)

March 13, 2025

March 13, 2025

PACER
3

CERTIFICATE OF SERVICE re 2 Motion to Terminate Consent Decree by DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT . (Duffey, Thomas) Modified to add link on 3/18/2025 (znmw). (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
4

CERTIFICATE OF SERVICE re 2 Motion to Terminate Consent Decree by DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT . (Duffey, Thomas) Modified to add link on 3/18/2025 (znmw). (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
5

MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Vacate by ANGEL G. LUEVANO. (Attachments: # 1 Text of Proposed Order Proposed Order)(Youker, Kathryn) (Entered: 03/21/2025)

1 Text of Proposed Order Proposed Order

View on RECAP

March 21, 2025

March 21, 2025

RECAP
6

NOTICE of Appearance by Kathryn Youker on behalf of ANGEL G. LUEVANO (Youker, Kathryn) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

RECAP
7

NOTICE of Appearance by Nina Perales on behalf of ANGEL G. LUEVANO, MELODY A. VAN, VICKY L. CHAPMAN, IMAGE DE CALIFORNIA (Perales, Nina) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

RECAP

MINUTE ORDER. Upon consideration of the 5 Plaintiff's Motion to Extend Deadline, and for good cause shown, it is hereby ORDERED that the 5 Plaintiff's Motion to Extend Deadline is GRANTED. It is further ORDERED that the time for the plaintiffs to respond to the defendants' motion to vacate is EXTENDED to June 3, 2025. Signed by Judge Reggie B. Walton on April 1, 2025. (lcrbw1)

April 1, 2025

April 1, 2025

PACER

Order on Motion for Extension of Time to File Response/Reply

April 1, 2025

April 1, 2025

PACER
8

NOTICE of Appearance by Andrew G. Braniff on behalf of All Defendants (Braniff, Andrew) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
9

NOTICE of Appearance by Nicolas Shump on behalf of ANGEL G. LUEVANO (Shump, Nicolas) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

RECAP
11

MOTION to Intervene by AMERICAN MOMENT, FEDS FOR FREEDOM. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Solheim Decl, # 3 Exhibit Thornton Decl, # 4 Exhibit Proposed Motion, # 5 Text of Proposed Order)(McCotter, R. Trent) (Entered: 05/15/2025)

1 Exhibit Index of Exhibits

View on PACER

2 Exhibit Solheim Decl

View on PACER

3 Exhibit Thornton Decl

View on PACER

4 Exhibit Proposed Motion

View on PACER

5 Text of Proposed Order

View on PACER

May 15, 2025

May 15, 2025

Clearinghouse
12

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN MOMENT, FEDS FOR FREEDOM (McCotter, R. Trent) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER
13

NOTICE of Appearance by R. Trent McCotter on behalf of AMERICAN MOMENT, FEDS FOR FREEDOM (McCotter, R. Trent) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

RECAP
14

MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Intervene by VICKY L. CHAPMAN, ANGEL G. LUEVANO. (Attachments: # 1 Text of Proposed Order Proposed Order)(Youker, Kathryn) (Entered: 05/28/2025)

1 Text of Proposed Order Proposed Order

View on RECAP

May 28, 2025

May 28, 2025

RECAP

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

May 28, 2025

May 28, 2025

PACER

MINUTE ORDER. Upon consideration of the 14 Plaintiffs' Motion to Extend May 29, 2025 Deadline, and for good cause shown, it is hereby ORDERED that the 14 Plaintiffs' Motion to Extend May 29, 2025 Deadline is GRANTED. It is further ORDERED that the time for the plaintiffs to respond to the motion to intervene is EXTENDED to June 12, 2025. Signed by Judge Reggie B. Walton on May 28, 2025. (lcrbw1)

May 28, 2025

May 28, 2025

PACER
15

NOTICE of Attorney Non-Appearance for Bay Area Legal Aid by VICKY L. CHAPMAN, ANGEL G. LUEVANO (Attachments: # 1 Declaration Declaration)(Youker, Kathryn) (Entered: 05/30/2025)

1 Declaration Declaration

View on RECAP

May 30, 2025

May 30, 2025

RECAP
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Arielle Humphries, Filing fee $ 100, receipt number ADCDC-11725886. Fee Status: Fee Paid. by VICKY L. CHAPMAN, ANGEL G. LUEVANO. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Youker, Kathryn) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

PACER
17

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jason P. Bailey, Filing fee $ 100, receipt number ADCDC-11725936. Fee Status: Fee Paid. by VICKY L. CHAPMAN, ANGEL G. LUEVANO. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Youker, Kathryn) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

PACER
18

MOTION to Stay re 11 MOTION to Intervene, 2 MOTION to Vacate by VICKY L. CHAPMAN, ANGEL G. LUEVANO. (Attachments: # 1 Text of Proposed Order Proposed Order)(Youker, Kathryn) (Entered: 06/02/2025)

1 Text of Proposed Order Proposed Order

View on PACER

June 2, 2025

June 2, 2025

Clearinghouse

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

June 2, 2025

June 2, 2025

PACER

MINUTE ORDER. The Court having considered the plaintiffs' 16 Motion for Admission Pro Hac Vice of Arielle Humphries, and 17 Motion for Admission Pro Hac Vice of Jason P. Bailey, and it appearing to the Court that the attorneys referenced in the motions meet the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motions are GRANTED. It is further ORDERED that Arielle Humphries and Jason P. Bailey, each of the NAACP Legal Defense & Educational Fund, 40 Rector Street, Fl 5, New York, NY 10006, and 700 14th Street NW, Washington, D.C. 20005, are each ADMITTED to practice before the Court pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Reggie B. Walton on June 2, 2025. (lcrbw1)

June 2, 2025

June 2, 2025

PACER

MINUTE ORDER. Upon consideration of the 18 Plaintiffs' Motion to Stay Deadlines Pending Ongoing Negotiations to Seek Resolution of Matter, it is hereby ORDERED that the plaintiffs' motion is GRANTED IN PART AND DENIED IN PART. Specifically, the motion is GRANTED to the extent the plaintiffs seek to vacate all pending deadlines in this case and file rolling joint status reports. The motion is DENIED in all other respects. It is further ORDERED that, on or before June 17, 2025, and every two weeks thereafter unless otherwise ordered, the parties shall file a joint status report apprising the Court of the status of this case. Signed by Judge Reggie B. Walton on June 3, 2025. (lcrbw1)

June 3, 2025

June 3, 2025

PACER

Order on Motion to Stay AND Set/Reset Deadlines

June 3, 2025

June 3, 2025

PACER

MINUTE ORDER. Upon consideration of the 18 Plaintiffs' Motion to Stay Deadlines Pending Ongoing Negotiations to Seek Resolution of Matter, it is hereby ORDERED that the plaintiffs' motion is GRANTED IN PART AND DENIED IN PART. Specifically, the motion is GRANTED to the extent the plaintiffs seek to vacate all pending deadlines in this case and file rolling joint status reports. The motion is DENIED in all other respects. It is further ORDERED that all pending deadlines in this case are VACATED. It is further ORDERED that, on or before June 17, 2025, and every two weeks thereafter unless otherwise ordered, the parties shall file a joint status report apprising the Court of the status of this case. Signed by Judge Reggie B. Walton on June 3, 2025. (lcrbw1)

June 3, 2025

June 3, 2025

PACER
19

Joint STATUS REPORT by VICKY L. CHAPMAN, ANGEL G. LUEVANO. (Youker, Kathryn) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

RECAP
20

Partial MOTION to Lift Stay re Order on Motion to Stay,,,, Set/Reset Deadlines,,, by AMERICAN MOMENT, FEDS FOR FREEDOM. (Attachments: # 1 Text of Proposed Order)(McCotter, R. Trent) (Entered: 06/17/2025)

1 Text of Proposed Order

View on PACER

June 17, 2025

June 17, 2025

Clearinghouse
21

NOTICE of Appearance by Arielle Humphries on behalf of All Plaintiffs (Humphries, Arielle) (Main Document 21 replaced on 6/20/2025) (znmw). (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

PACER
22

NOTICE of Appearance by Jason Paul Bailey on behalf of All Plaintiffs (Bailey, Jason) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

PACER
23

NOTICE of Appearance by Lourdes Maria Rosado on behalf of All Plaintiffs (Rosado, Lourdes) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

PACER
24

Joint STATUS REPORT by ANGEL G. LUEVANO. (Rosado, Lourdes) (Entered: 07/01/2025)

July 1, 2025

July 1, 2025

RECAP
25

Memorandum in opposition to re 20 Partial MOTION to Lift Stay re Order on Motion to Stay,,,, Set/Reset Deadlines,,, filed by ANGEL G. LUEVANO. (Attachments: # 1 Text of Proposed Order)(Rosado, Lourdes) (Entered: 07/01/2025)

1 Text of Proposed Order

View on PACER

July 1, 2025

July 1, 2025

RECAP
26

ORDER. In accordance with the attached Order, it is hereby ORDERED that on July 15, 2025, at 12:00 p.m., the parties shall appear before the Court for a status hearing. The parties shall appear before the Court, via teleconference, by calling 646-828-7666, entering the Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). Signed by Judge Reggie B. Walton on July 1, 2025. (lcrbw1) (Entered: 07/01/2025)

July 1, 2025

July 1, 2025

PACER
27

NOTICE of Appearance by Jared Kelson on behalf of AMERICAN MOMENT, FEDS FOR FREEDOM (Kelson, Jared) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

PACER
28

REPLY to opposition to motion re 20 Motion to Lift Stay filed by AMERICAN MOMENT, FEDS FOR FREEDOM. (Kelson, Jared) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

PACER
29

NOTICE of Appearance by Andrea Senteno on behalf of All Plaintiffs (Senteno, Andrea) (Main Document 29 replaced on 7/15/2025) (znmw). (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

PACER

.Order AND ~Util - Set/Reset Hearings

July 15, 2025

July 15, 2025

PACER

MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the status hearing currently scheduled for July 15, 2025, is CONTINUED to July 17, 2025, at 12:00 p.m. The parties shall appear before the Court, via teleconference, by calling 646-828-7666, entering the Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). Signed by Judge Reggie B. Walton on July 15, 2025. (lcrbw1)

July 15, 2025

July 15, 2025

PACER
30

ORDER. In accordance with the attached Order, it is hereby ORDERED that on July 31, 2025, at 11:30 a.m., the parties shall appear before the Court for a status conference. The parties shall appear before the Court, via teleconference, by calling 646-828-7666, entering the Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). Signed by Judge Reggie B. Walton on July 17, 2025. (lcrbw1) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

PACER

Status Conference AND ~Util - Set/Reset Hearings

July 17, 2025

July 17, 2025

PACER

Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 7/17/2025. Status Conference set for 7/31/2025 at 11:30 AM via teleconference before Judge Reggie B. Walton. (Court Reporter: Chandra Kean) (zalh)

July 17, 2025

July 17, 2025

PACER
31

Joint STATUS REPORT by ANGEL G. LUEVANO. (Rosado, Lourdes) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

RECAP
32

Joint MOTION for Relief from Judgment Pursuant to FRCP 60(b)(5) by ANGEL G. LUEVANO. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rosado, Lourdes) (Entered: 07/29/2025)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

July 29, 2025

July 29, 2025

Clearinghouse

Status Conference

July 31, 2025

July 31, 2025

PACER

Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 7/31/2025. Oral arguments heard. Order forthcoming via Chambers. (Court Reporter: Sherry Lindsay) (zalh)

July 31, 2025

July 31, 2025

PACER
33

ORDER. In accordance with the attached Order, it is hereby ORDERED that the parties' 32 Joint Motion for Relief Pursuant to Federal Rule of Civil Procedure 60(b)(5) and Stipulation in Support is GRANTED. It is further ORDERED that the parties' [32-1] Stipulation of Dismissal is ACCEPTED AS FILED and the Clerk of the Court shall forthwith file it as a separate entry on the docket. It is further ORDERED that the defendant's 2 Motion to Terminate the Consent Decree is DENIED AS MOOT. It is further ORDERED that the 11 Motion of American Moment and Feds for Freedom to Intervene as Defendants is DENIED AS MOOT based on the proposed intervenors' indication that they did not object to the dismissal of this case. It is further ORDERED that the 20 Proposed Defendant-Intervenors' Motion to Partially Lift the Stay is DENIED AS MOOT based on the proposed intervenors' indication that they did not object to the dismissal of this case. It is further ORDERED that this case is DISMISSED. Signed by Judge Reggie B. Walton on August 1, 2025. (lcrbw1) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

RECAP
34

Stipulation of Dismissal

Aug. 6, 2025

Aug. 6, 2025

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Jan. 29, 1979

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs were black and Hispanic applicants for government employment.

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Office of Personnel Management (District of Columbia), Federal

Case Details

Causes of Action:

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

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination Area:

Hiring

Discrimination Basis:

Race discrimination