Case: Wallace v. Shalala

8:93-cv-02536 | U.S. District Court for the District of Maryland

Filed Date: Aug. 30, 1993

Closed Date: March 23, 1998

Clearinghouse coding complete

Case Summary

On August 30, 1993 plaintiff filed this employment discrimination suit pro se against Shalala, the Secretary of Health and Human Services in the District Court of Maryland. He alleged that he had been discriminated against for being male and an African American. Plaintiff also alleged class discrimination claims and various antitrust claims. On April 9, 1996 the district court (Judge Peter J. Messitte) granted the defendant's motion to dismiss the antitrust and class discrimination claims. …

On August 30, 1993 plaintiff filed this employment discrimination suit pro se against Shalala, the Secretary of Health and Human Services in the District Court of Maryland. He alleged that he had been discriminated against for being male and an African American. Plaintiff also alleged class discrimination claims and various antitrust claims. On April 9, 1996 the district court (Judge Peter J. Messitte) granted the defendant's motion to dismiss the antitrust and class discrimination claims. The district court also granted the defendant's motion for summary judgment for the remaining claims on September 3, 1996.

Plaintiff appealed to the Fourth Circuit Court of Appeals but the court (Judge Butzer, Judge Niemeyer, and Judge Williams) affirmed the district court's finding that plaintiff had failed to establish a prima facie case of employment discrimination in an unpublished per curiam opinion on April 24, 1997. Plaintiff's petition for a writ of certiorari was denied by the Supreme Court on March 23, 1998.

Summary Authors

Michael Perry (7/10/2010)

People


Judge(s)

Butzner, John Decker Jr. (Virginia)

Messitte, Peter Jo (Maryland)

Niemeyer, Paul Victor (Maryland)

Williams, Alexander Jr. (Maryland)

Attorneys(s) for Defendant

Russell, George L. Jr. (Maryland)

Sims, Robert E. (Maryland)

Judge(s)

Butzner, John Decker Jr. (Virginia)

Messitte, Peter Jo (Maryland)

Niemeyer, Paul Victor (Maryland)

Williams, Alexander Jr. (Maryland)

Attorneys(s) for Defendant

Russell, George L. Jr. (Maryland)

Sims, Robert E. (Maryland)

Documents in the Clearinghouse

Document

96-02611

Docket

U. S. Court of Appeals for the Fourth Circuit

July 21, 1997

July 21, 1997

Docket

8:93-cv-02536

Docket

July 24, 1997

July 24, 1997

Docket

96-02611

Opinion (4th Circuit)

U. S. Court of Appeals for the Fourth Circuit

April 24, 1997

April 24, 1997

Order/Opinion

Docket

Last updated Aug. 30, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Related Documents filed; FILING FEE $ 120.00 RECEIPT # 015650 (cmh, Deputy Clerk) (Entered: 09/01/1993)

Aug. 30, 1993

Aug. 30, 1993

1

DEMAND for jury trial by Samuel B. Wallace IV (cmh, Deputy Clerk) (Entered: 09/01/1993)

Aug. 30, 1993

Aug. 30, 1993

2

SUMMONS(ES) (60 days) issued for Donna Shalala. (cmh, Deputy Clerk) (Entered: 09/01/1993)

Sept. 1, 1993

Sept. 1, 1993

3

MOTION by Samuel B. Wallace IV to Amend [1−1] Complaint , and Attachments. (c/s) (cmh, Deputy Clerk) (Entered: 09/15/1993)

Sept. 13, 1993

Sept. 13, 1993

4

ORDER dated September 16, 1993 granting [3−1] Request of plaintiff Samuel B. Wallace, IV to Amend [1−1] Complaint and/or to Add Certain Material to His Complaint. ( signed by Chief Judge Walter E. Black Jr. ) (c/m 9/20/93 cr) (cmh, Deputy Clerk) (Entered: 09/22/1993)

Sept. 17, 1993

Sept. 17, 1993

CASE reassigned from Chief Judge Black to Judge Peter J. Messitte. (cmh, Deputy Clerk) (Entered: 11/15/1993)

Nov. 15, 1993

Nov. 15, 1993

5

Reassignment Letter mailed to counsel. (cmh, Deputy Clerk) (Entered: 12/10/1993)

Nov. 24, 1993

Nov. 24, 1993

7

EX PARTE MOTION by Samuel B. Wallace IV to permit service . (c/s) (cag, Deputy Clerk) (Entered: 01/10/1994)

Jan. 7, 1994

Jan. 7, 1994

8

ORDER granting [7−1] Ex Parte motion of Plaitniff to permit service; and "DIRECTING" Plaintiff may continue to attempt to serve parties for another 45 days from the date of this Order. ( signed by Judge Peter J. Messitte 1/31/94 ) (c/m ras) (cag, Deputy Clerk) (Entered: 02/02/1994)

Feb. 2, 1994

Feb. 2, 1994

9

RETURN OF SERVICE executed as to Donna Shalala 1/3/94 Answer due on 3/3/94 for Donna Shalala. (FILED SEPARATELY) (cag, Deputy Clerk) (Entered: 03/01/1994)

Feb. 5, 1994

Feb. 5, 1994

10

CORRESPONDENCE of Plaintiff Re: Return of Service. (cag, Deputy Clerk) (Entered: 03/01/1994)

Feb. 18, 1994

Feb. 18, 1994

11

MOTION by Donna Shalala to Extend Time to respond to the complaint . (cag, Deputy Clerk) (Entered: 03/01/1994)

Feb. 25, 1994

Feb. 25, 1994

12

ORDER granting [11−1] motion of Defendant to Extend Time to respond to the complaint to 4/1/94 ; reset Answer deadline to 4/1/94 for Donna Shalala . ( signed by Judge Peter J. Messitte 2/28/94 ) (c/m ras) (cag, Deputy Clerk) (Entered: 03/02/1994)

March 2, 1994

March 2, 1994

13

MOTION with memorandum in support by Donna Shalala for More Definite Statement , and to Dismiss . (c/s) (cag, Deputy Clerk) (Entered: 04/04/1994)

April 1, 1994

April 1, 1994

14

Rule 12/56 letter mailed to parties. (cag, Deputy Clerk) (Entered: 04/04/1994)

April 4, 1994

April 4, 1994

15

Affirmation of Samuel B. Wallace. (c/s) (cag, Deputy Clerk) (Entered: 04/28/1994)

April 26, 1994

April 26, 1994

16

RESPONSE by Samuel B. Wallace IV to [13−1] motion of Defendant for More Definite Statement, [13−2] motion to Dismiss. (c/s) (cag, Deputy Clerk) (Entered: 05/05/1994)

May 4, 1994

May 4, 1994

17

MOTION by Samuel B. Wallace IV to Extend Time to file a Brief in support of his Antitrust and Section 1981 Complaint . (c/s) (cag, Deputy Clerk) (Entered: 05/05/1994)

May 4, 1994

May 4, 1994

18

MOTION by Samuel B. Wallace IV to Extend Time to file his resonsive Pleadings to Defendants' Answer of Summons and Complaint, Motion to Dismiss on R.12 and R.8 procedural grounds . (c/s) (cag, Deputy Clerk) (Entered: 05/05/1994)

May 4, 1994

May 4, 1994

19

MARGINAL ORDER granting [17−1] motion of Plaintiff to Extend Time to file a Brief in support of his Antitrust and Section 1981 Complaint ( signed by Judge Peter J. Messitte 6/2/94 ) (c/m 6/8/94−ems) (cag, Deputy Clerk) (Entered: 06/13/1994)

June 8, 1994

June 8, 1994

20

MARGINAL ORDER granting [18−1] motion of Plaintiff to Extend Time to file his resonsive Pleadings to Defendants' Answer of Summons and Complaint, Motion to Dismiss on R.12 and R.8 procedural grounds. ( signed by Judge Peter J. Messitte 6/2/94 ) (c/m 6/8/94−ems) (cag, Deputy Clerk) Modified on 06/13/1994 (Entered: 06/13/1994)

June 8, 1994

June 8, 1994

21

MOTION by Samuel B. Wallace IV to Extend Time to file a Repsonse . (c/s) (cag, Deputy Clerk) (Entered: 08/02/1994)

Aug. 2, 1994

Aug. 2, 1994

22

MOTION by Samuel B. Wallace IV for Permission to permit Plaintiff to file more pages in his reply to Motion of Defendant to Dismiss the Antitrust charges and attachments. 9c/s) (lad, Deputy Clerk) (Entered: 03/25/1995)

March 20, 1995

March 20, 1995

23

ORDER "Rendering as MOOT" [21−1] motion of plaintiff to Extend Time to file a Response; "DENYING" [22−1] motion of plaintiff for Permission to file more pages in his reply to Motion of Defendant to Dismiss the Antitrust charges; "GRANTING" [13−2] motion of defendant to Dismiss; "DENYING" [13−1] motion of defendant for More Definite Statement; "DISMISSING" with prejudice plaintiff's class discrimination and antitrust claims; "DIRECTING" defendant to answer plaintiff's individual discrimination claim within 20 days; "DIRECTING" that discovery is hereby STAYED pending further order; "DIRECTING" that defendant may file a summary judgment motion within 45 days as therein set forth ( signed by Judge Peter J. Messitte 4/9/96) (c/m 4/10/96 bb) (ajh, Deputy Clerk) (Entered: 04/11/1996)

April 9, 1996

April 9, 1996

24

Plaintiff's Right−to−Sue Letter dated 5/27/93 (ajh, Deputy Clerk) (Entered: 04/11/1996)

April 9, 1996

April 9, 1996

25

ANSWER to Complaint by Donna Shalala . (Attorney George Levi Russell III) (1 c/s) (sls, Deputy Clerk) (Entered: 04/26/1996)

April 25, 1996

April 25, 1996

26

MOTION by Donna Shalala to Extend Time to File Motion for Summary Judgment, within six days . (c/s) (mdd, Deputy Clerk) (Entered: 05/20/1996)

May 16, 1996

May 16, 1996

27

RESPONSE by Samuel B. Wallace IV to [25−1] answer by Donna Shalala. (c/s) (mdd, Deputy Clerk) (Entered: 05/24/1996)

May 23, 1996

May 23, 1996

28

MOTION with memorandum in support by defendant, Donna Shalala for Summary Judgment and Exhibit 1 (c/s) (ajh, Deputy Clerk) (Entered: 05/30/1996)

May 30, 1996

May 30, 1996

29

ORDER "GRANTING" [26−1] motion of defendant to Extend Time to File Motion for Summary Judgment to and including 5/30/96 ( signed by Judge Peter J. Messitte 5/31/96) (c/m 6/3/96 bb) (ajh, Deputy Clerk) (Entered: 06/03/1996)

June 3, 1996

June 3, 1996

30

MOTION by plaintiff, Samuel B. Wallace IV for Reconsideration of [23−1] order and attachments (c/s) (ajh, Deputy Clerk) (Entered: 06/13/1996)

June 11, 1996

June 11, 1996

31

MOTION by plaintiff, Samuel B. Wallace IV to Extend Time for plaintiff to answer defendant's Motion for Summary Judgment and attachment (c/s) (ajh, Deputy Clerk) (Entered: 06/18/1996)

June 12, 1996

June 12, 1996

32

ORDER "GRANTING" [31−1] motion to Extend Time for plaintiff to answer defendant's Motion for Summary Judgment to and including 7/29/96 ( signed by Judge Peter J. Messitte 6/14/96) (c/m 6/18/96 bb) (ajh, Deputy Clerk) (Entered: 06/18/1996)

June 18, 1996

June 18, 1996

33

ORDER "DENYING" [30−1] motion of plaintiff for Reconsideration of [23−1] order and "DIRECTING" that plaintiff's Motions for Extension of Time are Moot ( signed by Judge Peter J. Messitte 7/2/96) (c/m 7/9/96 bb) (ajh, Deputy Clerk) (Entered: 07/10/1996)

July 9, 1996

July 9, 1996

34

MOTION by plaintiff, Samuel B. Wallace IV to Extend Time to file Motion to Reconsider 4/9/96 Opinion and Order and to reply to defendant's Answer of 4/9/96 (Received in chambers on 5/10/96) (c/s) (ajh, Deputy Clerk) (Entered: 07/10/1996)

July 10, 1996

July 10, 1996

35

MEMORANDUM "DIRECTING" that various documents be placed in the court filed as therein set forth ( signed by Judge Peter J. Messitte 8/14/96 ) (c/m 8/26/96−ss) (sls, Deputy Clerk) Modified on 10/21/1996 (Entered: 08/26/1996)

Aug. 15, 1996

Aug. 15, 1996

36

MEMORANDUM "DIRECTING" that the Amended Motion Opposing Defendant's Motion for Summary Judgment be placed in the court file ( signed by Judge Peter J. Messitte 8/27/96 ) (c/m 9/5/96−ss) (sls, Deputy Clerk) (Entered: 09/05/1996)

Sept. 3, 1996

Sept. 3, 1996

37

AMENDED RESPONSE by plaintiff, Samuel B. Wallace IV in opposition to [28−1] motion of defendant for Summary Judgment by Donna Shalala (sls, Deputy Clerk) (Entered: 09/05/1996)

Sept. 3, 1996

Sept. 3, 1996

38

MEMORANDUM OPINION ( signed by Judge Peter J. Messitte 8/27/96 ) (c/m 8/28/96−bb) (sls, Deputy Clerk) (Entered: 09/05/1996)

Sept. 3, 1996

Sept. 3, 1996

39

ORDER "GRANTING" [28−1] motion of defendant for Summary Judgment; "ENTERING" Judgment in favor of defendant and "DIRECTING" the Clerk to CLOSE this case ( signed by Judge Peter J. Messitte 8/27/96 ) (c/m 8/28/96−bb) (Microfilmed 9/5/96) (sls, Deputy Clerk) (Entered: 09/05/1996)

Sept. 3, 1996

Sept. 3, 1996

Case closed (sls, Deputy Clerk) (Entered: 09/16/1996)

Sept. 3, 1996

Sept. 3, 1996

41

MOTION by plaintiff, Samuel B. Wallace IV to Show Cause (sls, Deputy Clerk) (Entered: 09/10/1996)

Sept. 6, 1996

Sept. 6, 1996

42

MOTION by plaintiff, Samuel B. Wallace IV for Leave to File Amended Motion in Opposition to Defendant's Motion for Summary Judgment (sls, Deputy Clerk) (Entered: 09/10/1996)

Sept. 6, 1996

Sept. 6, 1996

42

MOTION by plaintiff, Samuel B. Wallace IV to Judicially notice (sls, Deputy Clerk) (Entered: 09/10/1996)

Sept. 6, 1996

Sept. 6, 1996

43

ORDER "DIRECTING" that this case is CLOSEd and all motions represented in this order are MOOT ( signed by Judge Peter J. Messitte 9/5/96 ) (c/m 9/10/96−ss) (Microfilmed 9/10/96) (sls, Deputy Clerk) (Entered: 09/10/1996)

Sept. 6, 1996

Sept. 6, 1996

Case closed (sls, Deputy Clerk) (Entered: 09/16/1996)

Sept. 6, 1996

Sept. 6, 1996

44

NOTICE OF APPEAL with attachment by Samuel B. Wallace IV. Fee Status: filing fee paid Appeal record due on 11/20/96 (c/s 10/24/96 akc) (jmk, Deputy Clerk) Modified on 11/06/1996 (Entered: 10/28/1996)

Oct. 21, 1996

Oct. 21, 1996

Notice of appeal and certified copy of docket to USCA: [44−1] appeal by Samuel B. Wallace IV (jmk, Deputy Clerk) (Entered: 11/06/1996)

Nov. 6, 1996

Nov. 6, 1996

Certified and transmitted record on appeal to U.S. Court of Appeals: [44−1] appeal by Samuel B. Wallace IV (Volumes 1 through 3) (jmk, Deputy Clerk) Modified on 11/06/1996 (Entered: 11/06/1996)

Nov. 6, 1996

Nov. 6, 1996

USCA Case Number Re: [44−1] appeal by Samuel B. Wallace IV USCA NUMBER: 96−2611 (Barbara H. Rowe) (jmk, Deputy Clerk) (Entered: 11/18/1996)

Nov. 18, 1996

Nov. 18, 1996

45

ORDER (copy) from The Fourth Circuit Court of Appeals denying the petition for rehearing and suggestion for rehearing in banc are denied (c/s) (pkf, Deputy Clerk) (Entered: 07/14/1997)

July 14, 1997

July 14, 1997

46

JUDGMENT OF USCA (certified copy) "AFFIRMING" the Judgment of the District Court, and copy of opinion attached hereto Re: [44−1] appeal by Samuel B. Wallace IV (c/s) (pkf, Deputy Clerk) (Entered: 07/24/1997)

July 21, 1997

July 21, 1997

Record on appeal returned from U.S. Court of Appeals: [44−1] appeal by Samuel B. Wallace IV (pkf, Deputy Clerk) (Entered: 07/24/1997)

July 24, 1997

July 24, 1997

Case Details

State / Territory: Maryland

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 30, 1993

Closing Date: March 23, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Black male individual

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Department of Health and Human Services (Washington), Federal

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Male