Case: Johnson v. Ashcroft

COMPLAINT filed (bj) (Entered: 02/02/1993)

SUMMONS (2) issued for defendant STUART M. GERSON (acting U.S. ATTORNEY GENERAL), for U.S. ATTORNEY (bj) Modified on 02/03/1993

RETURN OF SERVICE/AFFIDAVIT executed on 2/1/93 by hand upon U.S. ATTORNEY (ajr) (Entered: 02/08/1993)

RETURN OF SERVICE/AFFIDAVIT executed on 2/2/93 upon U.S. ATTORNEY GENERAL (ajr) (Entered: 02/08/1993)

MOTION filed by plaintiffs to certify class action Exhibits (3) (ajr) (Entered: 02/24/1993)

MOTION filed by plaintiffs for Jeffrey L. Taren and Sonya E. Kazazian to appear pro hac vice (Taren: KINOY, TAREN, GERAGHTY & POTTER; 332 S. Michigan; Suite 1705; Chicago, IL 60604; (312) 663-5210)(Kazazian: SEMMES, BOWEN & SEMMES; 1025 Connecticut Ave. NW; Washington, DC 20036; (202) 778-8686) (ajr) (Entered: 02/24/1993)

ATTORNEY APPEARANCE for defendant STUART M. GERSON by Anne Marie Gulyassy, Richard Glen Lepley, Andrea M. Sharrin (ajr) (Entered: 02/25/1993)

ATTORNEY APPEARANCE for plaintiffs by Avis E Buchanan (ajr) (Entered: 03/03/1993)

MOTION filed by plaintiffs for Neal E. Kravitz to appear pro hac vice (Neal E. Kravitz; WASHINGTON LAWYERS COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS; 1400 I St. NW; Suite 450; Washington, DC 20005; (202) 682-5900) (ajr) (Entered: 03/03/1993)

ORDER by Judge Thomas F. Hogan: granting motion for Neal E. Kravitz to appear pro hac vice [8-1] by plaintiffs (N) (ajr) (Entered: 03/03/1993)

RESPONSE by defendant STUART M. GERSON in opposition to motion to certify class action [4-1] by plaintiffs (ks) (Entered: 03/09/1993)

REPLY by plaintiffs to response to motion to certify class action [4-1] by plaintiffs (ajr) (Entered: 03/17/1993)

ANSWER for defendant STUART M. GERSON (ks) (Entered: 04/05/1993)

CALENDARED (ks)

STATUS HEARING before Judge Thomas F. Hogan : Reporter: Anneliese Thomson (gew)

NOTICE OF FILING by defendant STUART M. GERSON of substitution of party to JANET RENO (ks) (Entered: 04/16/1993)

ORDER by Judge Thomas F. Hogan : status hearing set for 9:15 5/17/93 ;plaintiffs to submit a motion for Privacy Act Order or Waiver by 4/19/93; each party to submit a motion for a Fairness Hearing by 5/14/93; and that parties to submit, separately or jointly, a motion to approve Notice of Class Certification and Settlement pursuant to Rule 23(e) by 5/14/93 (N) (ks) (Entered: 04/15/1993)

MOTION filed by plaintiffs for order requiring defendants to compile list of class members (bm) (Entered: 04/19/1993)

MEMORANDUM OPINION AND ORDER by Judge Thomas F. Hogan : granting motion to certify class action [4-1]; the class shall be certified as consisting of "all Black Special Agents currently employed by the FBI or who have been employed by the FBI at any time since 3/5/91"; directing the parties shall submit a joint scheduling order; status conference set for 9:15 5/17/93 in Courtroom #9 (N) (bm) (Entered: 04/19/1993)

MOTION filed to intervene FBI AGENTS ; exhibit (complaint) (ks) (Entered: 04/27/1993)

RESPONSE by defendant JANET RENO to motion for order requiring defendants to compile list of class members [15-1] by plaintiffs (ks) (Entered: 04/28/1993)

RESPONSE by plaintiff(s) in opposition to motion for order requiring defendants to compile list of class members [15-1] by plaintiff(s). (bj) (Entered: 05/04/1993)

ORDER by Judge Thomas F. Hogan: granting motion for order requiring defendants to compile list of class members [15-1] by plaintiffs; pursuant to the Privacy Act of 1974, 5 USC 552a the FBI shall within 30 days after providing notice to class members, prepare, and transmit to plaintiffs' counsel certain information; setting forth certain information; directing the information prepared pursuant to this Order shall be maintained by plaintiffs' counsel in a manner reasonably to assure is security, and shall not be disclosed to anyone other than plaintiffs' counsel, their staff or employees, or members of the panels formed pursuant to section III of the Settlement Agreement, if the Settlement Agreement s approved by the Court; any information created prusuant to this Order and any copies thereof shall be returned to the FBI upon the expiration of this Court's jurisdiction over the Settlement Agreement. (N) (bm) (Entered: 05/05/1993)

MOTION filed by plaintiffs to extend time to 5/9/93 to respond to motion to intervene by AGENTS ASSOC (ks) (Entered: 05/07/1993)

RESPONSE by defendant JANET RENO in opposition to motion to intervene FBI AGENTS [17-1]; Exhibit (1) (ks) (Entered: 05/10/1993)

ORDER by Judge Thomas F. Hogan : granting motion to extend time to 5/10/93 to respond to motion to intervene by AGENTS ASSOC [21-1] by EMANUEL JOHNSON JR.; response to motion due by 5/10/93 ; (N) (ks) (Entered: 05/10/1993)

MEMORANDUM by plaintiff(s) in opposition to motion to intervene FBI AGENTS [17-1] (ks) (Entered: 05/11/1993)

MOTION filed by defendant JANET RENO to extend time to 5/21/93 to file a motion for a Fairness Hearing and a Motion to approve Notice of Class Action and Settlement; and a one-week extension to 5/24/93 for a status conference with the Court (ks) (Entered: 05/14/1993)

REPLY by movant FBI AGENTS to response to motion to intervene FBI AGENTS [17-1] (bj) (Entered: 05/18/1993)

ORDER by Judge Thomas F. Hogan : each party to file a motion for a fairness Hearing and jointly or separately, a motion to approve Notice of Class Action and settlement due by 5/21/93, status hearing rescheduled for 4:30 5/24/93 ; (N) (ks) (Entered: 05/18/1993)

MOTION filed by defendant JANET RENO to file excess pages limitation (submitted to Judge Hogan) (ks) (Entered: 05/21/1993)

MOTION filed by plaintiffs to file excess pages limitation (submitted to Judge Hogan) (ks) (Entered: 05/21/1993)

JOINT MOTION by plaintiff(s), defendant, to approve the settlement agreement and notice of class action, proposed settlement and fairness hearing ; Attachments (55); Declarations (2) (Bulky) (lin) (Entered: 05/24/1993)

Text not available. (Entered: 05/24/1993)

MOTION HEARING before Judge Thomas F. Hogan Reporter: Carrie Gansle (gew)

ATTORNEY APPEARANCE for intervenor-plaintiff FBI AGENTS by Stephen N. Shuzman (ks) (Entered: 05/27/1993)

ORDER by Judge Thomas F. Hogan : granting motion to intervene FBI AGENTS [17-1] status hearing set for 10:00 7/8/93 ;, fairness hearing shall commence on 10:00 9/23/93 (N) (ks) (Entered: 05/25/1993)

COMPLAINT filed by intervener FBI Agents Association (ks) (Entered: 05/25/1993)

NOTICE OF FILING by defendant JANET RENO of proposed order and revised notice of class action, proposed settlement and fairness hearing; exhibit (1) (lin) Modified on 05/26/1993 (Entered: 05/26/1993)

ORDER by Judge Thomas F. Hogan : granting motion to file excess pages limitation [28-1] by JANET RENO (N) (ks) (Entered: 05/26/1993)

ORDER by Judge Thomas F. Hogan : granting motion to file excess pages limitation [29-1] by plaintiffs (N) (ks) (Entered: 05/26/1993)

NOTICE OF FILING by defendant JANET RENO of page substitution to notice of class action, proposed settlement and fairness hearing; attachment. (bm) (Entered: 05/28/1993)

ORDER by Judge Thomas F. Hogan : a fairness hearing will be held on 10:00 9/23/93; any written objections and notices of intention to appear to be filed with the Clerk of Court no later than 8/24/93; the Notice of Class Action, Proposed Settlement and Fairness hearing is approved (N) (ks) (Entered: 06/02/1993)

MOTION filed by plaintiffs to dismiss intervenor FBI AGENT's complaint for failure to state a claim (ks) (Entered: 06/10/1993)

MOTION filed by defendant JANET RENO to dismiss, or in the alternate for summary judgment (ks) (Entered: 06/11/1993)

MOTION filed by intervenor-plaintiff FBI AGENTS to extend time to 7/1/93 to respond to defendant's motion to dismiss or for summary judgment; and to respond to plaintiff's motion to dismiss (ks) (Entered: 06/17/1993)

ORDER by Judge Thomas F. Hogan : granting motion to extend time to 7/1/93 to respond to defendant's motion to dismiss or for summary judgment; and to respond to plaintiff's motion to dismiss [42-1] by FBI AGENTS (N) (ks) (Entered: 06/23/1993)

CROSS MOTIONS by intervenor-plaintiff FBI AGENTS for summary judgment (ks) (Entered: 07/02/1993)

INTERROGATORIES filed by intervenor-plaintiff FBI AGENTS to defendant JANET RENO (ks) (Entered: 07/02/1993)

REQUEST by intervenor-plaintiff FBI AGENTS for admissions for defendant JANET RENO (ks) (Entered: 07/02/1993)

JOINT MOTION by plaintiffs, defendants, to extend time to 8/6/93 to reply to defendant's motion to dismiss; and to response to plaintiff's cross-motion for summary judgment (ks) (Entered: 07/07/1993)

ORDER by Judge Thomas F. Hogan : granting joint motion to extend time to 8/6/93 to reply to defendant's motion to dismiss; and to response to plaintiff's cross-motion for summary judgment [47-1] by intervenor-plaint, defendant, plaintiffs (N) (ks) (Entered: 07/07/1993)

ATTORNEY APPEARANCE for plaintiffs by Christopher W. Poverman, who is not a member of our Court (ks) (Entered: 07/28/1993)

RESPONSE by defendant JANET RENO to request for admissions [46-1], and interrogatories [45-1]; attachments (lin) Modified on 08/03/1993 (Entered: 08/03/1993)

REQUEST by plaintiff to intervenor-plaintiff FBI AGENTS for production of documents (ks) (Entered: 08/06/1993)

INTERROGATORIES filed by plaintiffs to intervenor-plaintiff FBI AGENTS (ks) (Entered: 08/06/1993)

RESPONSE by plaintiff(s) to statement of material facts not in dispute [44-1] by FBI AGENTS (lin) (Entered: 08/09/1993)

RESPONSE by plaintiff(s) in opposition to cross motion for summary judgment [44-1] by FBI AGENTS ; REPLY to agent's association's opposition to plaintiff's motion to dismiss and defendant's motion for summary judgment. (lin) (Entered: 08/09/1993)

RESPONSE by defendant JANET RENO to statement of material facts not in dispute [44-1] by FBI AGENTS (lin) (Entered: 08/09/1993)

RESPONSE by defendant JANET RENO to statement of genuine issues of material fact with respect to cross motion for summary judgment [44-1] by FBI AGENTS (lin) (Entered: 08/09/1993)

MEMORANDUM by defendant JANET RENO in opposition to cross motion for summary judgment [44-1] by FBI AGENTS (lin) (Entered: 08/09/1993)

REPLY by defendant JANET RENO in support of motion to dismiss [41-1] by JANET RENO, or in the alternative motion for summary judgment [41-2] by JANET RENO (lin) (Entered: 08/09/1993)

MEMORANDUM by Frank C. Underwood, III, to the Court: Fairness Hearing-Comments and Objection to Approval of the Proposed Settlement Agreement (lpp) (Entered: 08/13/1993)

NOTICE OF FILING by intervenor-plaintiff FBI AGENTS of Letter to Judge Hogan, and Declaration of Christophir A. Kerr (ks) (Entered: 08/16/1993)

MOTION filed by intervenor-plaintiff FBI AGENTS to extend time to 8/23/93 to reply to plaintiff's and defendant's opposition to FBI AGENTS's motion for summary judgment (ks) (Entered: 08/16/1993)

REPLY by intervenor-plaintiff FBI AGENTS to response to cross motion for summary judgment [44-1] by FBI AGENTS; Attachment (1) (ks) (Entered: 08/23/1993)

NOTICE OF FILING by plaintiffs of Comment of Gilbert Graham on the proposed settlement agreement; Exhibits (2) (ks) (Entered: 08/25/1993)

STATEMENTS by plaintiffs in support of their opposition to intervenor's cross-motion for summary judgment; and reply in support of defendant's motion to dismiss or for summary judgment; and in further support of plaintiffs' joint motion for Order granting approval of proposed settlement agreement; Averments (34) (ks) (Entered: 08/26/1993)

MOTION filed by defendant JANET RENO to extend time to 9/17/93 for filing their objections contained in this Court's Notice of class Action, proposed settlement and fairness hearing ; Declaration (1) (ks) (Entered: 08/27/1993)

ORDER by Judge Stanley S. Harris : granting motion to extend time to 8/23/93 to reply to plaintiff's and defendant's opposition to FBI AGENTS's motion for summary judgment [61-1] by FBI AGENTS (N) (ks) (Entered: 08/27/1993)

RESPONSE by intervenor-plaintiff FBI AGENTS to request for production of documents (ks) (Entered: 09/03/1993)

ANSWER by intervenor-plaintiff FBI AGENTS to interrogatories (ks) (Entered: 09/03/1993)

ORDER by Judge Thomas F. Hogan: directing the 298 FBI Special Agents assigned to the Boston Field Office, the Special Detail Unit, Administrative Services Division; Legat Hong Kong; and the House Appropriations Committee shall have until 9/17/93 to file their objections to the proposed settlement agreement; the FBI shall notify the aforementioned Special Agents of their right ot file an objection until 9/17/93 in writing no later than 9/8/93 (N) (bm) (Entered: 09/09/1993)

STATUS HEARING before Judge Thomas F. Hogan : Reporter: Anneliese Thomson (gew)

ORDER by Judge Thomas F. Hogan: hearing on cross-motions of parties set for 2:30 9/17/93; fairness hearing set for 10:00 10/8/93; having found that the parties have agreed to the following method of notification, notice of the change in date for the fairness hearing shall be provided; setting forth the methods of notification; the 298 FBI Special Agents assigned to the Boston Field Office; the Special Detail Unit, Administrative Services Division; Legat Hong Kong; and the House Appropriations Committee who did not received Notice of Class Action, proposed settlement and fairness hearing until after the deadline for objections had passed, and only those Special Agents shall have until 9/29/93 within which to file an objection to the proposed setttlement agreement (N) (bm) (Entered: 09/15/1993)

LETTERS (30) by various FBI agents to Judge Hogan (folder) (ks) (Entered: 09/20/1993)

MOTION HEARING before Judge Thomas F. Hogan Reporter: Anneliese Thomson (gew)

ATTORNEY APPEARANCE for plaintiffs by Christopher W Poverman (ks) (Entered: 09/21/1993)

NOTICE OF FILING by intervenor-plaintiff FBI AGENTS requesting the appearance of Christophir A. Kerr at the fairness hearing; Attachments; Letters (ks) (Entered: 09/21/1993)

NOTICE OF FILING by intervenor-plaintiff FBI AGENTS of letter to counsel for the defendant; Attachment (ks) (Entered: 09/22/1993)

RESPONSE by defendant JANET RENO in opposition to FBI's request to appear at fairness hearing of Christophir Kerr (ks) (Entered: 09/27/1993)

RESPONSE by plaintiffs to application of Christophir Kerr to appear at the Fairness Hearing set for 10/8/93 (ks) (Entered: 09/27/1993)

NOTICE OF FILING by intervenor-plaintiff FBI AGENTS of Letter to Judge Hogan; Attachment (1) (ks) (Entered: 09/30/1993)

TRANSCRIPT filed of motions hearing for date of 9/17/93. Reporter: A. Thomson (ks) (Entered: 10/04/1993)

MEMORANDUM OPINION by Judge Thomas F. Hogan (N) (ks) (Entered: 10/05/1993)

ORDER by Judge Thomas F. Hogan : granting Christopher Kerr's request to appear at the October 8, 1993 fairness hearing; Mr. Kerr will be given fifteen (15) minutes to present his arguments. (N) (ks) (Entered: 10/05/1993)

NOTICE OF FILING by defendant of submission of appendix to settlement agreement; appendies (4) (ks) (Entered: 10/06/1993)

RESPONSE by defendant JANET RENO to comments submitted in opposition to settlement agreement [77-1] by FBI AGENTS; Attachments (2) (ks) (Entered: 10/06/1993)

MEMORANDUM by plaintiffs in response to objections of individual Special Agents to the proposed settlement agreement (ks) (Entered: 10/07/1993)

FAIRNESS HEARING before THOMAS F. HOGAN; Courtreporter; Edward J. Greenberg. (gew)

NOTICE OF FILING by plaintiffs, and defendants of proposed Order approving the settlement agreement (ks) (Entered: 10/15/1993)

ORDER by Judge Thomas F. Hogan : granting the joint motion to approve the Settlement agreement, and the settlement is approved (N) (ks) (Entered: 10/15/1993)

SETTLEMENT AGREEMENT filed by plaintiffs and defendants; Exhibits (4) APPROVED by Judge Thomas F. Hogan (fiat) (N) (ks) (Entered: 10/15/1993)

TRANSCRIPT filed of Fairness Hearing for date of 10/8/93. Reporter: Edward J. Greenberg (ks) (Entered: 10/20/1993)

NOTICE OF APPEAL by intervenor-plaintiff FBI AGENTS from order [85-1], entered on: 10/15/93. Filing Fee $5.00 and Docketing Fee $100.00 paid, Copies to: Stephen N. Shulman, Janet Reno, Joseph R. Davis, Anne M. Gulyassy, Avis Buchanan, David J. Shaffer, Jeffrey L. Taren (lpp) (Entered: 11/16/1993)

TRANSMITTED PRELIMINARY RECORD on appeal [88-1] by FBI AGENTS to U.S. Court of Appeals (lpp)

MOTION filed by intervenor-plaintiff FBI AGENTS to stay case pending appeal (ks) (Entered: 11/23/1993)

MOTION filed by defendant JANET RENO to extend time to 12/13/93 to respond to FBI's motion for a stay pending appeal (ks) (Entered: 11/26/1993)

ORDER by Judge Thomas F. Hogan : granting motion to extend time to 12/13/93 to respond to FBI's motion for a stay pending appeal [90-1] by JANET RENO (N) (gew) (Entered: 12/01/1993)

USCA # 93-5364 assigned for appeal [88-1] by FBI AGENTS (bm)