Case: Gonzalez v. Pritzker

1:10-cv-03105 | U.S. District Court for the Southern District of New York

Filed Date: April 13, 2010

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On April 13, 2010, rejected U.S. Census Bureau job applicants filed an employment discrimination class action in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by a coalition of public interest attorney organizations and private counsel, alleged that Census hiring procedures, which pre-screened all applicants with arrest records, violated Title VII of the Civil Rights Act. The Census screened out applicants whose names turn up in an FBI database, indi…

On April 13, 2010, rejected U.S. Census Bureau job applicants filed an employment discrimination class action in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by a coalition of public interest attorney organizations and private counsel, alleged that Census hiring procedures, which pre-screened all applicants with arrest records, violated Title VII of the Civil Rights Act.

The Census screened out applicants whose names turn up in an FBI database, indicating an arrest record regardless of whether the arrest led to a criminal conviction or to any action at all. Applicants were required to provide the Census with official documents from any criminal case that shows up on their record within 30 days of their application. The plaintiffs claimed the 30-day letter requirement was unduly burdensome - if not impossible - to comply with since the documentation requested may have been sealed, expunged, lost, or destroyed due to age.

Because African Americans and Latinos were more likely to have arrest records than whites, the plaintiffs claimed the hiring policies discriminated against people of color in violation of Title VII of the Civil Rights Act. This was supported by a letter the EEOC sent the Census in 2009 criticizing the policy, warning that it may be in violation of Title VII. The plaintiffs also claimed that the compliance procedures did not distinguish among applicants with recent, serious convictions and those with records of long-ago, minor - often non-criminal - conduct, and that the requirement therefore had no job-related relevance.

The plaintiffs requested injunctive relief to alter the Census hiring practices, eliminating the 30-day letter requirement and other modifications to comply with the Uniform Guidelines for Employee Selection Procedures and related EEOC Guidance. They also requested that the defendant eradicate the effects of past and present unlawful employment practices by providing back pay and equal employment opportunities for all Class members.

The plaintiffs filed a motion for class certification on June 28, 2013. On December 16, 2013, the defendant filed a motion to dismiss for lack of jurisdiction. On July 1, 2014, the District Court for the Southern District of New York (Magistrate Judge Frank Maas) issued an order with respect to both motions.

Judge Maas granted the defendant's motion in part and denied in part. Three named plaintiffs were dismissed for lack of subject matter jurisdiction.

Judge Maas granted in part and denied in part motion for class certification. He certified the class, consisting only of African-Americans, who sought temporary employment during the 2010 census and alleged harm suffered from the 30-day letter. However, since two of the three plaintiffs Judge Maas dismissed were the only Latino applicants, he did not include Latinos in the class certification originally. The class was certified for the purposes of determining liability and affording injunctive relief, but not for resolving damages.

On October 2, 2014, Judge Maas re-instated one of the Latino plaintiffs, and certified the class as representing all African American and Latino candidates who applied for temporary employment to the 2010 Decennial Census and claim they were harmed by the 30-day requirement, adjudication criteria, or both.

Subsequent to the Court's order, the parties entered into negotiations in the hopes of reaching a settlement.

On February 8, 2016, the parties filed a joint letter with the Court stating they had concluded negotiations and reached an agreement that was subject to the Department of Justice's approval. In April 2016 the parties submitted the settlement agreement to the Court and Judge Maas issued a preliminary approval on April 19, 2016. Judge Maas ordered a final approval of the settlement on September 20, 2016.

In the settlement, the Defendant agreed to pay 15 million dollars in damages and attorneys fees. In addition, the parties jointly selected independent organizations to work together as independent consultants to Census relative to the selection and hiring of temporary employees for the 2020 decennial census.

Summary Authors

Kelly Ehrenreich (11/6/2016)

Kenneth Gray (8/7/2013)

Maria Ricaurte (3/21/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4347626/parties/gonzalez-v-pritzker/


Judge(s)

Berman, Richard M. (New York)

Maas, Frank S. (New York)

McClain, Ray (District of Columbia)

Attorneys(s) for Plaintiff

Aaron, Deidre Anne (New York)

Abrahamson, Sally Jasmine (New York)

Bellman, Richard F (New York)

Bien, Rachel Megan (New York)

Charney, Darius (New York)

Chin, Jackson (New York)

Coulter, Robert T. (Montana)

Judge(s)

Berman, Richard M. (New York)

Maas, Frank S. (New York)

McClain, Ray (District of Columbia)

Attorneys(s) for Plaintiff

Aaron, Deidre Anne (New York)

Abrahamson, Sally Jasmine (New York)

Bellman, Richard F (New York)

Bien, Rachel Megan (New York)

Charney, Darius (New York)

Chin, Jackson (New York)

Coulter, Robert T. (Montana)

Crawford, Sarah (District of Columbia)

Dietrich, Sharon (Pennsylvania)

Dolkart, Jane L. (District of Columbia)

Keefe, Paul (New York)

Kirkpatrick, Michael T (District of Columbia)

Klein, Adam T. (New York)

Miazad, Ossai (New York)

Miller, Samuel Rand (New York)

Murray, Julie Alyssa (District of Columbia)

Pierre-Louis, Melissa E. (New York)

Samant, Anjana (New York)

Steel, Lewis M (New York)

Swartz, Justin (New York)

Trzinski, Amber Christine (New York)

Whiting, Judy (New York)

Wiggins, Audrey (District of Columbia)

Attorneys(s) for Defendant

Bharara, Preetinder S. (New York)

Filor, Daniel (New York)

Kuehler, Natalie Nancy (New York)

La Morte, Tara Marie (New York)

Onozawa, Tomoko (New York)

Pellegrino, Louis Anthony (New York)

Penn, Allison D (New York)

Tulis, Elizabeth (New York)

Expert/Monitor/Master

Hughes, Hunter R. III (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 29, 2016 Docket

Press Release

Johnson v. Locke

No Court

April 13, 2010 Press Release
1

Complaint

Johnson v. Locke

April 13, 2010 Complaint
20

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE

Johnson v. Locke

May 19, 2010 Notice Letter
30

Memorandum of Law in Support of Defendant's Motion to Dismiss the Complaint

Johnson v. Locke

July 16, 2010 Pleading / Motion / Brief
101

Decision and Order

Johnson v. Bryson

851 F.Supp.2d 688

March 22, 2012 Order/Opinion
125

Second Amended Class Action Complaint

Houser v. Blanck

Sept. 21, 2012 Complaint
265

Memorandum Decision and Order [Certifying Class]

Houser v. Pritzker

28 F.Supp.3d 222

July 1, 2014 Order/Opinion
303

Updated Class Certification

Houser v. Pritzker

Oct. 2, 2014 Order/Opinion
342

Letter Notifying the Court of Potential Settlement Agreement

Houser v. Pritzker

Feb. 8, 2016 Notice Letter

Resources

Title Description External URL

Census Worker Background Check Discrimination Lawsuit

Outten & Golden

This site was maintained by plaintiffs' counsel in this suit. Sept. 10, 2016 http://www.censusdiscriminationlawsuit.com/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4347626/gonzalez-v-pritzker/

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

ECF Number Description Date Link
1

COMPLAINT against Gary Locke. (Filing Fee $ 350.00, Receipt Number 899943)Document filed by Eugene Johnson, Evelyn Houser.(mro) (ama). (Entered: 04/13/2010)

April 13, 2010 RECAP

Magistrate Judge Frank Maas is so designated. (mro)

April 13, 2010 PACER

Case Designated ECF. (mro)

April 13, 2010 PACER

SUMMONS ISSUED as to Gary Locke, U.S. Attorney and U.S. Attorney General. (mro)

April 13, 2010 PACER
2

NOTICE OF APPEARANCE by Rachel Megan Bien on behalf of Eugene Johnson, Evelyn Houser (Bien, Rachel) (Entered: 04/16/2010)

April 16, 2010 PACER
3

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Conference regarding preliminary injuction and expediated discovery. Document filed by Eugene Johnson, Evelyn Houser.(Miller, Samuel) Modified on 4/23/2010 (db). (Entered: 04/22/2010)

April 22, 2010 PACER
4

ENDORSED LETTER addressed to Judge Richard M. Berman from Samuel R. Miller dated 4/22/10 re: counsel to plaintiffs request a pre-motion conference to discuss and set an expedited briefing schedule for a motion seeking a preliminary injunction and limited discovery. ENDORSEMENT: We can discuss on 4/26. Parties to negotiate in good faith towards settlement prior to 4/26 conference. (Signed by Judge Richard M. Berman on 4/22/10) (djc) (Entered: 04/23/2010)

April 22, 2010 PACER
5

CASE MANAGEMENT PLAN: Plaintiff will not join any additional parties. Defendant reserves the right to join additional parties within one month of the execution of this Plan. Plaintiffs will amend the pleadings within four months from the date of filing the initial Complaint on April 13, 2010. Defendant reserves the right to oppose any motion to amend the Complaint after it has filed its answer. The parties agree to complete fact discovery (not including experts) within six months of the execution of this Plan. Plaintiffs do not consent to proceed before a Magistrate Judge for all purposes. Defendant does consent to proceed before a Magistrate Judge for all purposes. Motions due by 5/6/2010; 5/17/2010; 5/21/2010, Page limits. Oral argument: TBD. ENDORSEMENT: Refer Pre-trial issues to Magistrate Judge Maas. Parties to work on settlement ASAP. SO ORDERED. (Signed by Judge Richard M. Berman on 4/26/2010) (tve) Modified on 4/26/2010 (tve). (Entered: 04/26/2010)

April 26, 2010 PACER
6

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Frank Maas. (Signed by Judge Richard M. Berman on 4/26/2010) (tve) (Entered: 04/26/2010)

April 26, 2010 PACER
7

NOTICE OF APPEARANCE by Allison D Penn on behalf of Gary Locke (Penn, Allison) (Entered: 04/26/2010)

April 26, 2010 RECAP

Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 4/26/2010, Motions due by 5/6/2010. Responses due by 5/17/2010, Replies due by 5/21/2010. Oral argument requested by plaintiff. Referral to Magistrate Judge Maas. (tro)

April 26, 2010 PACER
8

MOTION for Mike Kirkpatrick to Appear Pro Hac Vice. Document filed by Eugene Johnson, Evelyn Houser.(mro) (Entered: 04/30/2010)

April 29, 2010 PACER

CASHIERS OFFICE REMARK on 8 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/29/2010, Receipt Number 902236. (jd)

April 30, 2010 PACER
10

ORDER. It is hereby ORDERED that: 1. By Monday, May 3, 2010, the Defendant is directed to produce, for attorneys' eyes only, the Census Bureau's adjudicative criteria for hiring and its criteria for determining which applicants receive the 30-day letters. 2. By Tuesday May 4, 2010, the Plaintiffs may take a deposition pursuant to Federal Rule of Civil Procedure 30(b)(6), for a maximum of four hours, concerning the adjudicative criteria, the criteria for sending 30-day letters, and the current status of hiring for the 2010 census. 3. By May 11, 2010, the Defendant may depose the named plaintiffs and any experts upon whom the Plaintiffs rely in their motion for a preliminary injunction. 4. The parties shall submit courtesy copies to my Chambers of the memoranda of law submitted in connection with the motion for a preliminary injunction. (Deposition due by 5/11/2010.) (Signed by Magistrate Judge Frank Maas on 4/30/10) Copies Mailed By Chambers.(rjm) (Entered: 05/03/2010)

April 30, 2010 PACER

Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 4/30/2010. (mro)

April 30, 2010 PACER
9

TRANSCRIPT of proceedings held on 4/26/2010 before Judge Richard M. Berman. (mbe) (Entered: 05/03/2010)

May 3, 2010 PACER
11

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. ORDER granting 8 Motion for Mike Kirkpatrick to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Richard M. Berman on 5/3/10) (db) (Entered: 05/03/2010)

May 3, 2010 PACER
12

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Allison D. Penn dated 5/3/2010 re: The parties respectfully submit this letter to request brief adjournments to the dates set forth in your Honor's Order dated 4/30/2010 as further set forth in this letter. ENDORSEMENT: The revised schedule set forth above is adopted. Additionally, counsel are directed to send copies of any future letters impacting the schedule for the PI motion to Judge Berman. (Expert Depositions due by 5/18/2010. Motions due by 5/12/2010. Responses due by 5/24/2010. Replies due by 5/28/2010.) (Signed by Magistrate Judge Frank Maas on 5/3/2010) (tro) Modified on 5/6/2010 (tro). (Entered: 05/04/2010)

May 3, 2010 PACER
13

MOTION for Robert T. Coulter to Appear Pro Hac Vice. Document filed by Eugene Johnson, Evelyn Houser.(mro) (Entered: 05/11/2010)

May 7, 2010 PACER
16

MOTION for Sharon Dietrich to Appear Pro Hac Vice. Document filed by Eugene Johnson, Evelyn Houser.(mro) (Entered: 05/13/2010)

May 11, 2010 PACER
14

ORDER granting 13 Motion for Robert T. Coutler to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 5/12/2010) (js) (Entered: 05/13/2010)

May 13, 2010 PACER
15

ENDORSED LETTER: addressed to Judge Richrd M. Berman from Samuel R. Miller dated 5/12/2010 re: Plaintiffs have concluded that a successful preliminary injunction motion likely would not result in the hiring of an appreciable number of putative class members, and that the motion should not be brought. This decision is based entirely on factors of timing and practicability in the context of emergency relief, and is not based on any considerations regarding the merits of this case. In fact, other expedited discovery has revealed startling evidence of discriminatory policies and practices of nature and extent that Plaintiffs had not previously contemplated. Thus, we believe the most efficient course at this time is for plaintiffs to proceed post-haste with preparation of the case in-chief. ENDORSEMENT: Deadlines to file motion for preliminary are terminated, discovery to be completed (fact and expert) by 10/26/2010. Status conference on 10/26/10 @ 9:00 a.m. with principals. Work on settlement. So Ordered. (Signed by Judge Richard M. Berman on 5/12/2010) (js) (Entered: 05/13/2010)

May 13, 2010 PACER
17

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 16 Motion for Sharon Dietrich to Appear Pro Hac Vice for Plaintiffs. (Signed by Judge Richard M. Berman on 5/17/2010) (tro) (Entered: 05/18/2010)

May 17, 2010 PACER
18

NOTICE of Notice, Consent, and Reference of a Civil Action to a Magistrate Judge. Document filed by Gary Locke. (Penn, Allison) (Entered: 05/18/2010)

May 18, 2010 PACER
19

NOTICE OF APPEARANCE by Allison D Penn on behalf of Gary Locke (Penn, Allison) (Entered: 05/18/2010)

May 18, 2010 PACER

CASHIERS OFFICE REMARK on 13 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/07/2010, Receipt Number 902708. (jd)

May 18, 2010 PACER

CASHIERS OFFICE REMARK on 16 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/11/2010, Receipt Number 903918. (jd)

May 18, 2010 PACER
20

CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Gary Locke, Eugene Johnson, Evelyn Houser. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Frank Maas. (Signed by Judge Richard M. Berman on 5/19/10) (cd) (Entered: 05/20/2010)

May 19, 2010 PACER
22

MOTION for Sarah Crawford to Appear Pro Hac Vice. Document filed by Eugene Johnson, Evelyn Houser.(mro) (Entered: 05/21/2010)

May 19, 2010 PACER
23

MOTION for Audrey Wiggins to Appear Pro Hac Vice. Document filed by Eugene Johnson, Evelyn Houser.(mro) (Entered: 05/21/2010)

May 19, 2010 PACER
21

NOTICE OF APPEARANCE by Daniel Post Filor on behalf of Gary Locke (Filor, Daniel) (Entered: 05/20/2010)

May 20, 2010 PACER
24

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 23 Motion for Audrey Wiggins to Appear Pro Hac Vice on behalf of Plaintiffs. (Signed by Magistrate Judge Frank Maas on 5/27/10) (djc) (Entered: 05/28/2010)

May 27, 2010 PACER
25

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 22 Motion for Sarah Crawford to Appear Pro Hac Vice on behalf of Plaintiffs.(Signed by Magistrate Judge Frank Maas on 5/24/10) (djc) (Entered: 05/28/2010)

May 27, 2010 PACER

CASHIERS OFFICE REMARK on 23 Motion to Appear Pro Hac Vice, 22 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 05/19/2010, Receipt Number 904407. (jd)

June 3, 2010 PACER
26

ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Samuel Miller dated 6/9/2010 re: Plaintiffs respectfully request that the Court schedule an informal conference to address Plaintiffs' request that the AEO and confidentiality designations on the 30-day letter and adjudication criteria documents, as well as the Patterson deposition, be removed. ENDORSEMENT: The Government is requested to respond to this letter by 6/16/10. (Signed by Magistrate Judge Frank Maas on 6/9/2010) (tve) (Entered: 06/10/2010)

June 9, 2010 PACER
27

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Allison D. Penn dated 6/10/2010 re: Defendants respectfully request that the Court schedule a pre-motion conference in this matter. Counsel request that the Court briefly extend the defendant's time to file its motion to dismiss until a date following the conference. ENDORSEMENT: The Court will hold a premotion conf. on 6/28/10 at 3 p.m. in Courtroom 20A. So Ordered. (Signed by Magistrate Judge Frank Maas on 6/11/2010) (jfe) (Entered: 06/14/2010)

June 11, 2010 PACER

Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 6/28/2010. (mro)

June 28, 2010 PACER
28

ORDER: It is hereby ordered that Defendants shall serve and file their motion to dismiss by July 16, 2010. Plaintiffs shall serve and file their response by August 13, 2010. Defendants may serve and file a reply by August 27, 2010. (Signed by Magistrate Judge Frank Maas on 6/28/2010) Copies Mailed By Chambers (jpo) (Entered: 06/30/2010)

June 29, 2010 PACER
29

MOTION to Dismiss. Document filed by Gary Locke.(Filor, Daniel) (Entered: 07/16/2010)

July 16, 2010 RECAP
30

MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss.. Document filed by Gary Locke. (Filor, Daniel) (Entered: 07/16/2010)

July 16, 2010 RECAP
31

DECLARATION of Kathryn H. Anderson in Support re: 29 MOTION to Dismiss.. Document filed by Gary Locke. (Attachments: # 1 Exhibit Exh A (part 1 of 5), # 2 Exhibit Exh A (part 2 of 5), # 3 Exhibit Exh A (part 3 of 5), # 4 Exhibit Exh A (part 4 of 5), # 5 Exhibit Exh A (part 5 of 5))(Filor, Daniel) (Entered: 07/16/2010)

2 Exhibit Exh A (part 1 of 5)

View on PACER

3 Exhibit Exh A (part 2 of 5)

View on PACER

4 Exhibit Exh A (part 3 of 5)

View on PACER

5 Exhibit Exh A (part 4 of 5)

View on PACER

6 Exhibit Exh A (part 5 of 5)

View on PACER

July 16, 2010 PACER
32

FIRST AMENDED COMPLAINT amending 1 Complaint against Gary Locke.Document filed by Evelyn Houser, Eugene Johnson, Precious Daniels, Sandra Anderson, Ignacio Riesco, Felicia Rickett-Samuels, Anthony Gonzalez. Related document: 1 Complaint filed by Evelyn Houser, Eugene Johnson.(mro) (Additional attachment(s) added on 8/6/2010: # 1 Exhibit A) (ama). (Entered: 08/05/2010)

1 Exhibit A

View on PACER

Aug. 5, 2010 PACER
33

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Daniel P. Filor dated 8/13/2010 re: We write on behalf of all the parties to respectfully request that the Court So Order the below schedule relating to the briefing of a motion to dismiss to be filed by defendant in response to plaintiffs' amended complaint. The parties have agreed upon the following briefing schedule, which we respectfully request Your Honor to So Order: Defendant to file his motion to dismiss on or before September 10, 2010; Plaintiffs' memorandum in opposition to be filed on or before October 1, 2010; and Defendant's reply memorandum to be filed 11 days after plaintiffs' opposition. ENDORSEMENT: SO ORDERED. ( Motions due by 9/10/2010, Responses due by 10/1/2010) (Signed by Magistrate Judge Frank Maas on 8/16/2010) (jmi) (Entered: 08/17/2010)

Aug. 16, 2010 PACER
34

NOTICE OF CHANGE OF ADDRESS by Samuel Rand Miller on behalf of Sandra Anderson, Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Felicia Rickett-Samuels, Ignacio Riesco. New Address: Outten & Golden LLP, 3 Park Avenue, Floor 29, New York, New York, USA 10016, (212) 245-1000. (Miller, Samuel) (Entered: 08/27/2010)

Aug. 27, 2010 PACER
35

MOTION to Dismiss Amended Complaint. Document filed by Gary Locke.(Filor, Daniel) (Entered: 09/10/2010)

Sept. 10, 2010 RECAP
36

DECLARATION of Kathryn H. Anderson in Support re: 35 MOTION to Dismiss Amended Complaint.. Document filed by Gary Locke. (Attachments: # 1 Exhibit Part 1 (of 2) of Exh. A to Supplemental Anderson Declaration, # 2 Exhibit Part 2 (of 2) of Exhibit A to Supplemental Anderson Declaration)(Filor, Daniel) (Entered: 09/10/2010)

1 Exhibit Part 1 (of 2) of Exh. A to Supplemental Anderson Declaration

View on PACER

2 Exhibit Part 2 (of 2) of Exhibit A to Supplemental Anderson Declaration

View on PACER

Sept. 10, 2010 PACER
37

MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss Amended Complaint.. Document filed by Gary Locke. (Filor, Daniel) (Entered: 09/10/2010)

Sept. 10, 2010 RECAP
38

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Daniel P. Filor dated 9/29/10 re: Plaintiffs seek a one-week extension of their time to file an opposition brief, such that it would be due on October 8, 2010. Plaintiffs also request an extension of the 25-page limitation such that they can file a 32-page opposition. Defendant seeks an extension of its time to file a reply brief so that the deadline would be October 22, 2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Responses due by 10/8/2010, Replies due by 10/22/2010.) (Signed by Magistrate Judge Frank Maas on 9/30/10) (djc) (Entered: 09/30/2010)

Sept. 30, 2010 PACER

***DELETED DOCUMENT. Deleted document number 39 Memorandum of Law in Opposition to Motion. The document was incorrectly filed in this case.(See doc.#43) (KA)

Oct. 8, 2010 PACER

***DELETED DOCUMENT. Deleted document number 40 Declaration of Samuel R. Miller in Opposition to Motion. The document was incorrectly filed in this case.(See doc,#43) (KA)

Oct. 8, 2010 PACER
41

REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss Amended Complaint.. Document filed by Gary Locke. (Filor, Daniel) (Entered: 10/22/2010)

Oct. 22, 2010 RECAP
42

DECLARATION of Kathryn H. Anderson in Support re: 35 MOTION to Dismiss Amended Complaint.. Document filed by Gary Locke. (Attachments: # 1 Exhibit)(Filor, Daniel) (Entered: 10/22/2010)

1 Exhibit

View on PACER

Oct. 22, 2010 PACER
43

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Samuel Miller dated 10/25/10 re: Request to refile certain redacted exhibits in connection with the Opposition to Defendant's Motion to Dismiss. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Frank Maas on 10/25/10) (cd) (Entered: 10/25/2010)

Oct. 25, 2010 PACER
44

DECLARATION of Samuel R. Miller in Opposition re: 35 MOTION to Dismiss Amended Complaint.. Document filed by Sandra Anderson, Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Felicia Rickett-Samuels, Ignacio Riesco. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28)(Miller, Samuel) (Entered: 10/26/2010)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

11 Exhibit 11

View on PACER

12 Exhibit 12

View on PACER

13 Exhibit 13

View on PACER

14 Exhibit 14

View on PACER

15 Exhibit 15

View on PACER

16 Exhibit 16

View on PACER

17 Exhibit 17

View on PACER

18 Exhibit 18

View on PACER

19 Exhibit 19

View on PACER

20 Exhibit 20

View on PACER

21 Exhibit 21

View on PACER

22 Exhibit 22

View on PACER

23 Exhibit 23

View on PACER

24 Exhibit 24

View on PACER

25 Exhibit 25

View on PACER

26 Exhibit 26

View on PACER

27 Exhibit 27

View on PACER

28 Exhibit 28

View on PACER

Oct. 26, 2010 RECAP
45

REPLY MEMORANDUM OF LAW in Opposition re: 35 MOTION to Dismiss Amended Complaint.. Document filed by Sandra Anderson, Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Felicia Rickett-Samuels, Ignacio Riesco. (Miller, Samuel) (Entered: 11/02/2010)

Nov. 2, 2010 RECAP
46

NOTICE OF CHANGE OF ADDRESS by Samuel Rand Miller on behalf of Sandra Anderson, Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Felicia Rickett-Samuels, Ignacio Riesco. New Address: Outten & Golden LLP, 3 Park Avenue, Floor 29, New York, New York, U.S.A. 10016, 212-245-1000. (Miller, Samuel) (Entered: 12/10/2010)

Dec. 10, 2010 PACER
47

DECISION AND ORDER, that for the reasons set forth in this Order, the Census Bureau's motion to dismiss the FAC pursuant to Rule 12(b)(6), (ECF No. 35), is granted with respect to the individual claims of plaintiffs Rickett-Samuels and Anderson as well as the Plaintiffs' class claims, but denied with respect to the individual claims of the remaining Plaintiffs. (Signed by Magistrate Judge Frank Maas on 3/14/11) Copies Sent By Chambers. (pl) (Entered: 03/15/2011)

March 15, 2011 PACER
48

ANSWER to Amended Complaint. Document filed by Gary Locke. Related document: 32 Amended Complaint, filed by Evelyn Houser, Ignacio Riesco, Eugene Johnson, Felicia Rickett-Samuels, Anthony Gonzalez, Sandra Anderson, Precious Daniels.(La Morte, Tara) (Entered: 03/29/2011)

March 29, 2011 RECAP
49

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Order filed July 15, 2010) Mediator to be Assigned by 4/11/2011. Mediator Expertise Request due by 4/4/2011. (Signed by Judge Loretta A. Preska on 01/03/11) (sc) (Entered: 03/30/2011)

March 30, 2011 PACER

MEDIATOR EXPERTISE REQUEST Mediator to be Assigned by 4/14/2011.(O'Malley, George)

April 4, 2011 PACER

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/5/2011.(ms)

April 5, 2011 PACER

***DELETED DOCUMENT. Deleted document number 56 Transcript. The document was incorrectly filed in this case. (tro)

April 5, 2011 PACER

MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 5/4/11 10:30 AM 233 Broadway.(O'Malley, George)

April 12, 2011 PACER

Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 4/13/2011. (mbe)

April 13, 2011 PACER
50

ORDER OF WITHDRAWAL FROM MEDIATION. For the reasons previously discussed with counsel, I conclude that a mediation at this time would not be productive. Accordingly, I direct that this case be withdrawn from mediation until further notice. (Signed by Magistrate Judge Frank Maas on 4/27/11); Copies sent by Chambers (djc) (Entered: 04/28/2011)

April 27, 2011 PACER
51

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Daniel P. Filor dated 4/28/11 re: counsel for defendant respectfully requests that the Court enter the parties' agreed-upon schedule as follows: Plaintiffs move for leave to amend, attaching second amended complaint; parties exchange declarations by May 5, 2011: Parties serve notices of deposition, if any by May 12, 2011: Deadline to conduct depositions, if any by June 2, 2011: Defendant files opposition papers by June 7, 2011: Plaintiffs file reply papers by June 21, 2011. ENDORSEMENT: So Ordered.( Deposition due by 6/2/2011., Motions due by 5/5/2011., Responses due by 6/7/2011, Replies due by 6/21/2011.) (Signed by Magistrate Judge Frank Maas on 4/28/11) (pl) Modified on 4/29/2011 (pl). (Entered: 04/29/2011)

April 29, 2011 PACER

MEDIATOR SESSION NOT HELD Mediator Session scheduled for 05/04/2011 at 233 Broadway was NOT held.(O'Malley, George)

April 29, 2011 PACER
52

MOTION for Leave to File Second Amended Complaint. Document filed by Sandra Anderson, Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Felicia Rickett-Samuels, Ignacio Riesco.(Miller, Samuel) (Entered: 05/05/2011)

May 5, 2011 PACER
53

MEMORANDUM OF LAW in Support re: 52 MOTION for Leave to File Second Amended Complaint.. Document filed by Sandra Anderson, Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Felicia Rickett-Samuels, Ignacio Riesco. (Attachments: # 1 Exhibit A)(Miller, Samuel) (Entered: 05/05/2011)

1 Exhibit A

View on PACER

May 5, 2011 PACER
54

TRANSCRIPT of Proceedings held on 4/13/2011 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2011. Redacted Transcript Deadline set for 6/13/2011. Release of Transcript Restriction set for 8/11/2011.(laq) (Entered: 05/09/2011)

May 9, 2011 PACER
55

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceeding held on 4/13/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(laq) (Entered: 05/09/2011)

May 9, 2011 PACER
56

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Daniel P. Filor dated 6/2/2011 re: The Government seeks an extension of its time to file its opposition brief to address issues raised by the proposed new Plaintiffs, such that it's brief would be due on June 28, 2011, rather than June 7. The date for the Government to provide Plaintiffs with any additional declarations in support of it's opposition brief would be June 23, 2011, and Plaintiffs reserve their rights to conduct discovery in response to such declarations. Plaintiffs seek an extension of their time to file a reply so that deadline would be July 15, 2011. ENDORSEMENT: Government's brief due 6/28/2011. Plaintiff's reply brief due 7/15/2011 (Signed by Magistrate Judge Frank Maas on 6/2/2011) (js) (Entered: 06/03/2011)

June 2, 2011 PACER
57

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Tara M. La Morte dated 6/10/11 re: Census respectfully requests that the Court permit it to file a motion to dismiss Plaintiffs' claims for injunctive and declaratory relief pursuant to Federal Rule of Civil Procedure 12(b)(1), or schedule a pre-motion conference to discuss the matter. ENDORSEMENT: The Court will hold a pre-motion telephone conference on 6/21 at 2:00 p.m. The government should initiate the call. (Pre-Motion Conference set for 6/21/2011 at 02:00 PM before Magistrate Judge Frank Maas. Telephone Conference set for 6/21/2011 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/13/11) (rjm) (Entered: 06/14/2011)

June 13, 2011 PACER
58

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Samuel Miller dated 6/14/11 re: Plaintiffs respectfully request an extension of time in which to submit a response to Defendant's letter brief until Friday, June 17th. ENDORSEMENT: Application granted. So ordered. (Signed by Magistrate Judge Frank Maas on 6/14/11) (rjm) (Entered: 06/17/2011)

June 16, 2011 PACER

Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 6/21/2011. (mbe)

June 21, 2011 PACER
72

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. Attorney Ray P. McClain for Precious Daniels,Ray P. McClain for Anthony Gonzalez,Ray P. McClain for Evelyn Houser,Ray P. McClain for Eugene Johnson,Ray P. McClain for Ignacio Riesco admitted Pro Hac Vice. (Signed by Magistrate Judge Frank Maas on 6/23/11) (cd) (Entered: 07/14/2011)

June 24, 2011 PACER
73

ORDER. It is hereby ORDERED that by June 28, 2011, the Government shall serve and file (a) its papers in opposition to Plaintiffs' motion to amend the complaint, and (b) its motion to dismiss Plaintiffs' claims for declaratory and injunctive relief pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. By July 29, 2011, Plaintiffs shall serve and file (a) their reply papers with respect to their motion to amend the complaint, and (b) their papers in opposition to the Government's motion to dismiss. By August 12, 2011, the Government shall serve and file its reply papers with respect to its motion to dismiss. (Deft.'s Motions to amend due by 6/28/2011. Responses due by 7/29/2011. Replies due by 8/12/2011.) (Signed by Magistrate Judge Frank Maas on 6/21/11) Copies Sent By Chambers. (rjm) (Entered: 07/14/2011)

June 24, 2011 PACER
59

ENDORSED LETTER: addressed to Magistrate Judge Frank Maas from Daniel P. Filor dated 6/24/2011 re: Counsel for defendant Gary Locke, Secretary of the U.S. Department of Commerce write to request permission to file memorandum of law up to 40 pages in opposition to Plaintiffs' motion for leave to amend. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge Frank Maas on 6/27/11) (js) (Entered: 06/28/2011)

June 27, 2011 PACER
60

NOTICE OF APPEARANCE by Natalie Nancy Kuehler on behalf of Gary Locke (Kuehler, Natalie) (Entered: 06/28/2011)

June 28, 2011 PACER
61

MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief. Document filed by Gary Locke. Responses due by 7/29/2011(La Morte, Tara) (Entered: 06/28/2011)

June 28, 2011 RECAP
62

MEMORANDUM OF LAW in Support re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief.. Document filed by Gary Locke. (La Morte, Tara) (Entered: 06/28/2011)

June 28, 2011 RECAP
63

AFFIDAVIT of Sandra Patterson in Support re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief.. Document filed by Gary Locke. (La Morte, Tara) (Entered: 06/28/2011)

June 28, 2011 PACER
64

AFFIDAVIT of Frank Vitrano in Support re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief.. Document filed by Gary Locke. (La Morte, Tara) (Entered: 06/28/2011)

June 28, 2011 PACER
65

AFFIDAVIT of Viola Lewis Willis in Support re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief.. Document filed by Gary Locke. (La Morte, Tara) (Entered: 06/28/2011)

June 28, 2011 PACER
66

AFFIDAVIT of Tara M. La Morte in Support re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief.. Document filed by Gary Locke. (Attachments: # 1 Exhibit 1)(La Morte, Tara) (Entered: 06/28/2011)

1 Exhibit 1

View on PACER

June 28, 2011 PACER
67

MEMORANDUM OF LAW in Opposition re: 52 MOTION for Leave to File Second Amended Complaint.. Document filed by Gary Locke. (Kuehler, Natalie) (Entered: 06/28/2011)

June 28, 2011 PACER
68

DECLARATION of Viola Lewis Willis in Opposition re: 52 MOTION for Leave to File Second Amended Complaint.. Document filed by Gary Locke. (Kuehler, Natalie) (Entered: 06/28/2011)

June 28, 2011 PACER
69

DECLARATION of Daniel Pennacchia in Opposition re: 52 MOTION for Leave to File Second Amended Complaint.. Document filed by Gary Locke. (Kuehler, Natalie) (Entered: 06/28/2011)

June 28, 2011 PACER
70

DECLARATION of Kathryn H. Anderson in Opposition re: 52 MOTION for Leave to File Second Amended Complaint.. Document filed by Gary Locke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Kuehler, Natalie) (Entered: 06/28/2011)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

June 28, 2011 PACER
71

DECLARATION of Viola Lewis Willis in Opposition re: 52 MOTION for Leave to File Second Amended Complaint.. Document filed by Gary Locke. (Attachments: # 1 Exhibit A)(Kuehler, Natalie) (Entered: 06/28/2011)

1 Exhibit A

View on PACER

June 28, 2011 PACER
74

TRANSCRIPT of Proceedings re: conference held on 6/21/2011 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2011. Redacted Transcript Deadline set for 8/25/2011. Release of Transcript Restriction set for 10/24/2011.(laq) (Entered: 07/22/2011)

July 22, 2011 PACER
75

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/21/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(laq) (Entered: 07/22/2011)

July 22, 2011 PACER
76

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Ossai Miazad dated 7/26/11 re: Plaintiffs respectfully request permission to file a reply brief of no more than 25 pages. ENDORSEMENT: Application granted. So ordered. (Signed by Magistrate Judge Frank Maas on 7/26/11) (rjm) (Entered: 07/27/2011)

July 26, 2011 PACER
77

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Ossai Miazad dated 7/28/11 re: Counsel for the plaintiffs requests a 3 day extension of the deadline to file plaintiffs' memorandum of law in reply to defendant's opposition to plaintiff's motion for leave to amend until 8/3/11. ENDORSEMENT: Application granted. So ordered. Set Deadlines/Hearing as to 52 MOTION for Leave to File Second Amended Complaint:( Replies due by 8/3/2011.) (Signed by Magistrate Judge Frank Maas on 7/28/2011) (mro) (Entered: 07/29/2011)

July 28, 2011 PACER
78

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief. Document filed by Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Ignacio Riesco. (Miller, Samuel) Modified on 8/5/2011 (db). (Entered: 07/29/2011)

July 29, 2011 PACER
79

DECLARATION of Samuel R. Miller in Opposition re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief.. Document filed by Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Ignacio Riesco. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Miller, Samuel) (Entered: 07/29/2011)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

July 29, 2011 PACER
80

DECLARATION of Precious Daniels in Opposition re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief.. Document filed by Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Ignacio Riesco. (Miller, Samuel) (Entered: 07/29/2011)

July 29, 2011 PACER
81

DECLARATION of Vincent Daniels in Opposition re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief.. Document filed by Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Ignacio Riesco. (Miller, Samuel) (Entered: 07/29/2011)

July 29, 2011 PACER
82

DECLARATION of Anthony Gonzalez in Opposition re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief.. Document filed by Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Ignacio Riesco. (Miller, Samuel) (Entered: 07/29/2011)

July 29, 2011 PACER
83

MEMORANDUM OF LAW in Opposition re: 61 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims for Injunctive and Declaratory Relief.. Document filed by Precious Daniels, Anthony Gonzalez, Evelyn Houser, Eugene Johnson, Ignacio Riesco. (Miller, Samuel) (Entered: 08/01/2011)

Aug. 1, 2011 RECAP

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: April 13, 2010

Closing Date: 2016

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Two black individuals with mild arrest records filing on behalf of themselves and African American, Latino, and Native American persons who applied for temporary employment with the United States Census Bureau for whom there is no record of conviction or who are otherwise suitable for employment. The original plaintiffs were later joined by 8 more class representatives who were each African American or Latino

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

LatinoJustice PRLDEF

Lawyers Comm. for Civil Rights Under Law

Legal Services/Legal Aid

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Department of Commerce, Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 15,000,000

Issues

General:

Disparate Impact

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native

Black

National Origin/Ethnicity:

Hispanic