Case: Easterling v. Connecticut Department of Corrections

3:08-cv-00826 | U.S. District Court for the District of Connecticut

Filed Date: May 30, 2008

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 30, 2008, plaintiff, represented by private counsel and the Public Citizen Litigation Group, filed a class action complaint in the United States District Court of Connecticut alleging a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq. The proposed class consisted of all female applicants for the position of Correction Officer at the State of Connecticut Department of Correction who participated in the Correction Officer selection process and failed onl…

On May 30, 2008, plaintiff, represented by private counsel and the Public Citizen Litigation Group, filed a class action complaint in the United States District Court of Connecticut alleging a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq. The proposed class consisted of all female applicants for the position of Correction Officer at the State of Connecticut Department of Correction who participated in the Correction Officer selection process and failed only the timed run portion of the physical fitness test. The complaint sought injunctive relief and attorneys fees.

Specifically, the plaintiff alleged that the State of Connecticut Department of Corrections' hiring process violated Title VII of the Civil Rights Act. The hiring process for the position of Corrections Officer consisted of a written exam, a physical test, a criminal background check, and an interview. During the relevant period, the physical test involved a sit and reach test, a one-minute sit-up test, a one minute push-up test, and a timed one and a half mile run test. The applicants were required to reach a minimum sex-by-age standard.

The Class is comprised of female applicants who failed only the run portion of the physical test. On average, female applicants failed the physical fitness test at a statistically significant higher rate than their male counterparts; every administration of the physical test resulted in a disparate impact on the female applicants. The Department of Corrections utilized the test on three occasions after becoming aware of the disparate impact on women; however, in 2007, the run portion of the test was modified to a 300 meter run test, which does not create an adverse impact on female Correction Officer applicants. The one and a half mile run test was not proven to be a factor associated with the performance of essential or critical physical functions of the Corrections Officer position. The run test was, also, not shown to have predictive value.

Judge Janet C. Hall certified the class, January 4, 2010, under Fed. R. Civ. P. 23(b)(2). The defendant's subsequent motion to decertify the class was denied, but the plaintiff's motion to modify the class was granted. The original class was certified under Fed. R. Civ. P. 23(b)(2), the modified class maintained the certification with respect to issues of liability and class-wide injunctive relief. A separate class was certified under Fed. R. Civ. P. 23(b)(3) with regard to the determination of monetary damages and individualized injunctive relief. The Court held that the class consisted of all female applicants who participated in the selection process for the position of Corrections Officer and failed only the 1.5 mile run portion of the physical fitness test at any time from June 28, 2004 until final judgment.

On July 23, 2013, plaintiff requested that the Court preliminarily approve proposed settlement and enter the proposed settlement order for the disparate impact hiring claims. The parties extensively negotiated the settlement agreement with the assistance of Magistrate Judge Fitzsimmons. On July 26, 2013 Judge Hall granted the plaintiff's motion for preliminary approval of the settlement; the Judge also granted the proposed notice of settlement and the class action settlement procedure.

Under the settlement the State of Connecticut will pay $1,851,892 in gross back pay to be distributed to the class members on a pro rata basis. If all eligible class members participate (124 women), each will receive approximately $15,000 in back pay, which is close the the actual economic loss that each class member suffered. The settlement also included equitable relief such as an expedited hiring process for class members who decided to reapply for the Correction Officer position, pension credits, and options for one-time compensation in lieu of certain seniority benefits. The settlement agreement also provided for the payment of plaintiff's attorneys' fees and costs, $1,232,463.

Summary Authors

Silke Watson (10/20/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4201246/parties/easterling-v-state-of-ct-dept-of-corr/


Judge(s)

Hall, Janet C. (Connecticut)

Attorneys(s) for Plaintiff

Dugger, Cyrus E (New York)

Kirkpatrick, Michael T (District of Columbia)

Klein, Adam T. (New York)

Marnin, Seth M. (Connecticut)

Marzigliano, Tammy (New York)

McKenna, Deborah L. (Connecticut)

Miller, Samuel Rand (New York)

Attorneys(s) for Defendant

Chapple, Margaret Quilter (Connecticut)

Osborne, Maura Murphy (Connecticut)

Judge(s)

Hall, Janet C. (Connecticut)

Attorneys(s) for Plaintiff

Dugger, Cyrus E (New York)

Kirkpatrick, Michael T (District of Columbia)

Klein, Adam T. (New York)

Marnin, Seth M. (Connecticut)

Marzigliano, Tammy (New York)

McKenna, Deborah L. (Connecticut)

Miller, Samuel Rand (New York)

Attorneys(s) for Defendant

Chapple, Margaret Quilter (Connecticut)

Osborne, Maura Murphy (Connecticut)

Rodriguez, Maria C. (Connecticut)

Documents in the Clearinghouse

Document

Docket Report

Easterling v. State of Connecticut Department of Corrections

Sept. 12, 2013 Docket
1

Complaint

Easterling v. State of Connecticut Department of Corrections

May 30, 2008 Complaint
75

Class Certification

Easterling v. State of Connecticut Department of Corrections

265 F.R.D. 45

Jan. 4, 2010 Order/Opinion
133

Ruling re: Plaintiff's Motion for Summary Judgment and Defendant's Motion for Summary Judgment

Easterling v. State of Connecticut, Department of Corrections

783 F.Supp.2d 323

May 5, 2011 Order/Opinion
156

Class Certification Modified

Easterling v. State of Connecticut Department of Corrections

278 F.R.D. 41

Nov. 22, 2011 Order/Opinion
243

Settlement Agreement

Easterling v. State of Connecticut Department of Corrections

July 24, 2013 Settlement Agreement
245

Settlement Order

Easterling v. State of Connecticut Department of Corrections

July 26, 2013 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4201246/easterling-v-state-of-ct-dept-of-corr/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against State of CT Dept of Corr ( Filing fee $ 350 receipt number B016019), filed by Cherie Easterling.(Sanders, C.) (Entered: 06/02/2008)

May 30, 2008 PACER
2

Order on Pretrial Deadlines: Motions to Dismiss due on 8/30/2008. Amended Pleadings due by 7/29/2008 Discovery due by 11/29/2008 Dispositive Motions due by 12/29/2008. Signed by Clerk on 5/30/2008. (Sanders, C.) (Entered: 06/03/2008)

May 30, 2008 PACER
3

Standing Protective ORDER. Signed by Judge Janet C. Hall on 5/30/2008. (Sanders, C.) (Entered: 06/03/2008)

May 30, 2008 PACER
4

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Janet C. Hall on 5/30/2008. (Sanders, C.) (Entered: 06/03/2008)

May 30, 2008 PACER
5

NOTICE of Appearance by Stephanie M. Marnin on behalf of Cherie Easterling and all others similarly situated (Marnin, Stephanie) (Entered: 06/04/2008)

June 4, 2008 PACER
6

ENTERED IN ERROR - Order on Pretrial Deadlines: Motions to Dismiss due on 9/17/08. Amended Pleadings due by 8/18/2008 Discovery due by 12/19/2008 Dispositive Motions due by 1/18/2009. Signed by Clerk on 6/19/08. (Simpson, T.) Modified on 6/19/2008 (Simpson, T.). (Entered: 06/19/2008)

June 19, 2008 PACER
7

NOTICE of Appearance by Maria C. Rodriguez on behalf of State of CT Dept of Corr (Rodriguez, Maria) (Entered: 06/24/2008)

June 24, 2008 PACER
8

NOTICE of Appearance by Margaret Q. Chapple on behalf of State of CT Dept of Corr in addition to the appearance of Maria C. Rodriguez, Assistant Attorney General already on file (Chapple, Margaret) (Entered: 06/24/2008)

June 24, 2008 PACER
9

MOTION for Security for Costs by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 06/24/2008)

June 24, 2008 PACER
10

MOTION for Extension of Time until July 26, 2008 to file Responsive Pleading 1 Complaint by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 06/24/2008)

June 24, 2008 PACER
11

ORDER granting 9 Motion for Security for Costs. The defendant(s) having made application to the Clerk of Court for an order requiring the plaintiff(s) to deposit or file a bond with sufficient surety in the sum of $500.00 pursuant to Local Rule 83.3(a) of the Rules of Civil Procedure for the United States District of Connecticut, it is ORDERED that the plaintiff(s) herein file a bond as security for costs in this action within thirty (30) days from this date. Signed by Clerk on 6/25/08. (Simpson, T.) (Entered: 06/25/2008)

June 25, 2008 PACER
12

ORDER granting 10 Motion for Extension of Time until 7/26/08 to file Responsive Pleading to the 1 Complaint. Signed by Clerk on 6/25/08. (Simpson, T.) (Entered: 06/25/2008)

June 25, 2008 PACER
13

DISCLOSURE NOTICE. Signed by Judge Janet C. Hall on 6/26/08. (Simpson, T.) (Entered: 06/26/2008)

June 26, 2008 PACER
14

ORDER REFERRING CASE to Magistrate Judge Holly B. Fitzsimmons for a Settlement Conference. Signed by Judge Janet C. Hall on 7/23/08. (Simpson, T.) (Entered: 07/23/2008)

July 23, 2008 PACER
18

Security for Costs in the amount of $500.00 posted by Cherie Easterling. Receipt Number B016294. (Fazekas, J.) (Entered: 08/06/2008)

July 25, 2008 PACER
15

Second MOTION for Extension of Time until August 9, 2008 to file responsive pleading 1 Complaint by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 07/28/2008)

July 28, 2008 PACER
16

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Pre-Settlement Conference set for 9/3/2008 02:20 PM before Judge Holly B. Fitzsimmons. Counsel for the plaintiff shall initiate this call. Once all parties are on the line, please contact Chambers at (203)579-5640. A date for the settlement conference will be set during the telephone call. As the Court requires parties or their representatives with settlement authority to attend the settlement conference, counsel should obtain dates of unavailability from their clients over the next 90 days and have their own calendars available to aid in the scheduling. During the telephone call, counsel should be prepared to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference for the discussions to be productive. This telephone conference will not be rescheduled based on requests from counsel. If counsel is not available at the scheduled time, please arrange for coverage by another lawyer who will have the necessary background knowledge to participate. (Larsen, M.) (Entered: 07/29/2008)

July 29, 2008 PACER
17

ORDER granting 15 Motion for Extension of Time until August 9, 2008 to file responsive pleading 1 Complaint. SO ORDERED. Signed by Judge Janet C. Hall on 7/30/2008. (Sanders, C.) (Entered: 07/30/2008)

July 30, 2008 PACER
19

Joint REPORT of Rule 26(f) Planning Meeting. (Marnin, Stephanie) (Entered: 08/06/2008)

Aug. 6, 2008 PACER
20

MOTION to Dismiss by State of CT Dept of Corr.Responses due by 9/1/2008 (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Exhibit 1 - Anker Affidavit with attachments, # 3 Exhibit 2 - Callahan Affidavit)(Rodriguez, Maria) (Entered: 08/11/2008)

2 Memorandum in Support of Motion to Dismiss

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3 Exhibit 1 - Anker Affidavit with attachments

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4 Exhibit 2 - Callahan Affidavit

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Aug. 11, 2008 PACER
21

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 8/28/2008 02:00 PM in Chambers Room 417, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554. (DeRubeis, B.) (Entered: 08/22/2008)

Aug. 22, 2008 PACER
22

MOTION for Extension of Time until October 1, 2008 Plaintiff's Opposition to Defendant's 20 Motion to Dismiss by Cherie Easterling. (McKenna, Deborah) Modified on 8/27/2008 (Simpson, T.). (Entered: 08/25/2008)

Aug. 25, 2008 PACER
23

ORDER granting 22 MOTION for Extension of Time until October 1, 2008 Plaintiff's Opposition to Defendant's Motion to Dismiss by Cherie Easterling. SO ORDERED by Judge Janet C. Hall on 8/26/08. (DeRubeis, B.) (Entered: 08/26/2008)

Aug. 26, 2008 PACER
24

Set/Reset Deadlines as to 20 MOTION to Dismiss. Responses due by 10/1/2008 (DeRubeis, B.) (Entered: 08/26/2008)

Aug. 26, 2008 PACER
25

Minute Entry for proceedings held before Judge Janet C. Hall: Telephonic Status Conference held on 8/28/2008. A separate scheduling order will issue. Motion for Extension of Time (Doc. No. 22) previously granted. 10 minutes. (Court Reporter T. Fidanza)(Joseloff, B.) (Entered: 08/28/2008)

Aug. 28, 2008 PACER
26

SCHEDULING ORDER: 19 Report of Parties' Planning. Discovery due by 3/31/2009, Joint Status Report due by 11/29/2008. Signed by Judge Janet C. Hall on 8/29/2008. (Heard, J.) (Entered: 09/02/2008)

Sept. 2, 2008 PACER
27

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Settlement Conference set for 10/28/2008 2:00 PM in Chambers Room 266 - Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons. Please read and comply with the attached instructions. (Milligan, C.) (Entered: 09/03/2008)

Sept. 3, 2008 PACER
28

Minute Entry for proceedings held before Judge Holly B. Fitzsimmons: Status Conference held on 9/3/2008. 3 minutes (Milligan, C.) (Entered: 09/03/2008)

Sept. 3, 2008 PACER
29

MOTION for Leave to Appear Pro Hac Vice Attorney Adam T. Klein. Filing Fee $25.00. Receipt Number B016571. by Cherie Easterling. (Simpson, T.) (Entered: 09/10/2008)

Sept. 9, 2008 PACER
30

MOTION for Leave to Appear Pro Hac Vice Attorney Michael T. Kirkpatrick. Filing Fee $25.00. Receipt Number B016571. by Cherie Easterling. (Simpson, T.) (Entered: 09/10/2008)

Sept. 9, 2008 PACER
31

ORDER granting 29 Motion for Attorney Adam T. Klein to Appear Pro Hac Vice; granting 30 Motion for Attorney Michael T. Kirkpatrick to Appear Pro Hac Vice. Signed by Clerk on 9/10/08. (Simpson, T.) (Entered: 09/10/2008)

Sept. 10, 2008 PACER
32

Memorandum in Opposition re 20 MOTION to Dismiss filed by Cherie Easterling. (Attachments: # 1 Memorandum in Support Plaintiff's Opposition to Defendant's Motion to Dismiss, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Marnin, Stephanie) (Entered: 09/29/2008)

2 Memorandum in Support Plaintiff's Opposition to Defendant's Motion to

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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Sept. 29, 2008 PACER
33

MOTION to Amend/Correct 1 Initial Complaint and Relate Back the Claim by Cherie Easterling.Responses due by 10/20/2008 (Attachments: # 1 Memorandum in Support Plaintiff's Motion to Amend Initial Complaint and Relate Back the Claim, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Marnin, Stephanie) Modified on 9/30/2008 (Simpson, T.). (Entered: 09/29/2008)

2 Memorandum in Support Plaintiff's Motion to Amend Initial Complaint and Rel

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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Sept. 29, 2008 PACER
34

MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss until October 27, 2008 by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 10/10/2008)

Oct. 10, 2008 PACER
35

ORDER granting 34 Motion for Extension of Time to File Response/Reply re 20 MOTION to Dismiss. Responses due by 10/27/2008. SO ORDERED by Judge Janet C. Hall on 10/14/08. (Simpson, T.) (Entered: 10/14/2008)

Oct. 14, 2008 PACER
36

REMINDER: A settlement conference is scheduled for Tuesday, October 28, 2008, at 2PM. Pursuant to the Court's Settlement Conference Order, not later than 14 days before the conference, plaintiff's counsel shall contact defendant's counsel to initiate settlement discussions, if they are not already on-going. At least 5 days before the conference, each party shall provide to the Court, in confidence, a concise statement, no longer than 3 pages in length, of the evidence the party expects to produce at trial. The statements shall outline the settlement negotiations to date, and identify where possible the obstacles or impediments which have so far prevented settlement of the matter. (Esposito, A.) (Entered: 10/17/2008)

Oct. 17, 2008 PACER
37

MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Amend/Correct Initial Complaint and Relate Back the Claim until November 19, 2008 by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 10/20/2008)

Oct. 20, 2008 PACER
38

ORDER granting 37 Motion for Extension of Time to File Response/Reply re 33 MOTION to Amend/Correct Initial Complaint and Relate Back the Claim. Responses due by 11/19/2008. SO ORDERED by Judge Janet C. Hall on 10/21/08. (DeRubeis, B.) (Entered: 10/22/2008)

Oct. 22, 2008 PACER
39

Second MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss until November 10, 2008 by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 10/27/2008)

Oct. 27, 2008 PACER
40

ORDER granting 39 Motion for Extension of Time to File Reply as to 20 Motion to Dismiss until November 10, 2008. SO ORDERED by Judge Janet C. Hall on 10/28/08. (DeRubeis, B.) (Entered: 10/28/2008)

Oct. 28, 2008 PACER
41

Third MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss until January 10, 2009 by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 11/07/2008)

Nov. 7, 2008 PACER
42

Second MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Amend/Correct Initial Complaint and Relate Back the Claim until January 19, 2009 by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 11/07/2008)

Nov. 7, 2008 PACER
43

ORDER granting 41 Motion for Extension of Time to File Response/Reply re 20 MOTION to Dismiss. This is the final extension. Responses due by 1/10/2009. Granting 42 Motion for Extension of Time to File Response/Reply re 33 MOTION to Amend/Correct Initial Complaint and Relate Back the Claim. This is the final extension. Responses due by 1/19/2009. SO ORDERED by Judge Janet C. Hall on 11/8/2008. (DeRubeis, B.) (Entered: 11/10/2008)

Nov. 10, 2008 PACER
44

Joint STATUS REPORT by Cherie Easterling, State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 12/05/2008)

Dec. 5, 2008 PACER
45

MOTION for Extension of Time until January 16, 2009 to File Objections and/or Responses to Plaintiff's Requests for Production by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 12/09/2008)

Dec. 9, 2008 PACER
46

ORDER granting 45 Motion for Extension of Time, on the condition that it will not in any way impact upon the 1/10/2009 deadline set by the court. See Order (Doc. No. 43). SO ORDERED by Judge Janet C. Hall on 12/11/2008. (Joseloff, B.) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
47

REPLY to Response to 20 MOTION to Dismiss filed by State of CT Dept of Corr. (Attachments: # 1 Exhibit Rodriguez Affidavit with attachments A through E)(Rodriguez, Maria) (Entered: 01/12/2009)

2 Exhibit Rodriguez Affidavit with attachments A through E

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Jan. 12, 2009 PACER
48

Memorandum in Opposition re 33 MOTION to Amend/Correct Initial Complaint and Relate Back the Claim filed by State of CT Dept of Corr. (Attachments: # 1 Exhibit Affidavit with Attachments)(Rodriguez, Maria) (Entered: 01/20/2009)

2 Exhibit Affidavit with Attachments

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Jan. 20, 2009 PACER
49

REPLY to Response to 33 MOTION to Amend/Correct Initial Complaint and Relate Back the Claim Plaintiffs; Reply to Defendant's Opposition to Amend and Relate Back the Claims filed by Cherie Easterling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Marnin, Stephanie) (Entered: 02/03/2009)

2 Exhibit 1

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3 Exhibit 2

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Feb. 3, 2009 PACER
50

RULING denying 20 Motion to Dismiss; denying 33 Motion to Amend/Correct. Signed by Judge Janet C. Hall on 2/9/09. (Simpson, T.) (Entered: 02/09/2009)

Feb. 9, 2009 RECAP
51

Joint STATUS REPORT by Cherie Easterling, State of CT Dept of Corr. (Marnin, Stephanie) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
52

Joint MOTION for Extension of Time until June 29, 2009 Revised Discovery Schedule by Cherie Easterling, State of CT Dept of Corr. (Marnin, Stephanie) (Entered: 03/23/2009)

March 23, 2009 PACER
53

ORDER granting 52 Motion for Extension of Time. The Motion is granted. However, the parties should understand that these deadlines will not be moved. Further, any additional time after ruling on the Motion for Class Certification for discovery and motions will be limited. SO ORDERED by Judge Janet C. Hall on 3/24/2009. (Joseloff, B.) (Entered: 03/24/2009)

March 24, 2009 PACER
54

Joint STATUS REPORT by Cherie Easterling, State of CT Dept of Corr. (Chapple, Margaret) (Entered: 05/28/2009)

May 28, 2009 PACER
55

MOTION for Leave to Appear Pro Hac Vice Attorney Samuel Miller. Filing Fee $25.00. Receipt Number B018246. by Cherie Easterling. (Simpson, T.) (Entered: 07/27/2009)

July 27, 2009 PACER
56

ORDER granting 55 Motion for Attorney Samuel Miller to Appear Pro Hac Vice. Signed by Clerk on 7/27/09. (Simpson, T.) (Entered: 07/27/2009)

July 27, 2009 PACER
57

MOTION to Certify Class by Cherie Easterling.Responses due by 8/17/2009 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1-14, # 3 Exhibit 15-27)(Marnin, Stephanie) (Entered: 07/27/2009)

2 Memorandum in Support

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3 Exhibit 1-14

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4 Exhibit 15-27

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July 27, 2009 PACER
58

NOTICE of Appearance by Samuel Miller on behalf of Cherie Easterling (Miller, Samuel) (Entered: 08/06/2009)

Aug. 6, 2009 PACER
59

MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Certify Class until August 21, 2009 by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 08/17/2009)

Aug. 17, 2009 PACER
60

ORDER granting 59 Motion for Extension of Time to File Response/Reply re 57 MOTION to Certify Class Responses due by 8/21/2009. SO ORDERED by Judge Janet C. Hall on 8/18/2009. (DeRubeis, B.) (Entered: 08/19/2009)

Aug. 19, 2009 PACER
61

Memorandum in Opposition re 57 MOTION to Certify Class filed by State of CT Dept of Corr. (Attachments: # 1 Exhibit 1 - Affidavit with attachments, # 2 Exhibit 2 and 3)(Rodriguez, Maria) (Entered: 08/21/2009)

2 Exhibit 1 - Affidavit with attachments

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3 Exhibit 2 and 3

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Aug. 21, 2009 PACER
62

STATUS REPORT by Cherie Easterling. (Marnin, Stephanie) (Entered: 08/26/2009)

Aug. 26, 2009 PACER
63

MOTION for Leave to File Partial Summary Judgment by Cherie Easterling. (Attachments: # 1 Exhibit 1-2)(Marnin, Stephanie) (Entered: 08/28/2009)

2 Exhibit 1-2

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Aug. 28, 2009 PACER
64

Statement of Material Facts re 63 MOTION for Leave to File Partial Summary Judgment filed by Cherie Easterling. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-28)(Marnin, Stephanie) (Entered: 08/28/2009)

2 Exhibit 1-10

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3 Exhibit 11-28

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Aug. 28, 2009 PACER
65

Memorandum in Support re 63 MOTION for Leave to File Partial Summary Judgment filed by Cherie Easterling. (Marnin, Stephanie) (Entered: 08/28/2009)

Aug. 28, 2009 PACER
66

MOTION for Summary Judgment Partial by Cherie Easterling.Responses due by 9/21/2009 (Marnin, Stephanie) (Entered: 08/31/2009)

Aug. 31, 2009 PACER
67

REPLY to Response to 57 MOTION to Certify Class filed by Cherie Easterling. (Attachments: # 1 Exhibit 1-4)(Marnin, Stephanie) (Entered: 08/31/2009)

2 Exhibit 1-4

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Aug. 31, 2009 PACER
68

STATUS REPORT of the Defendant by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 09/01/2009)

Sept. 1, 2009 PACER
69

Memorandum in Opposition re 63 MOTION for Leave to File Partial Summary Judgment filed by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 09/18/2009)

Sept. 18, 2009 PACER
70

MOTION for Extension of Time to File Response/Reply as to 66 MOTION for Summary Judgment Partial until Thirty Days after the Court issues a ruling on the Pending Plaintiff's Request for Leave to file Motion for Partial Summary Judgment (Doc. # 63), if necessary by State of CT Dept of Corr. (Rodriguez, Maria) (Entered: 09/18/2009)

Sept. 18, 2009 PACER
71

ORDER granting 70 MOTION for Extension of Time to File Response/Reply as to 66 MOTION for Summary Judgment Partial until Thirty Days after the Court issues a ruling on the Pending Plaintiff's Request for Leave to file Motion for Partial Summary Judgment (Doc. # 63), if necessary by State of CT Dept of Corr. SO ORDERED by Judge Janet C. Hall on 9/19/2009. (DeRubeis, B.) (Entered: 09/21/2009)

Sept. 21, 2009 PACER
72

REPLY to Response to 63 MOTION for Leave to File Partial Summary Judgment filed by Cherie Easterling. (Marnin, Seth) Modified on 9/30/2009 (Simpson, T.). (Entered: 09/29/2009)

Sept. 29, 2009 PACER
73

EXHIBIT 1 by Cherie Easterling re 72 Reply to Response to Motion. (Marnin, Seth) (Entered: 09/29/2009)

Sept. 29, 2009 PACER
74

ORDER denying 63 MOTION for Leave to File Partial Summary Judgment by Cherie Easterling. The Motion for Partial Summary Judgment that was docketed should be terminated. The plaintiff may reclaim that motion in accordance with the schedule approved after the ruling on the Motion for Class Certification. SO ORDERED by Judge Janet C. Hall on 9/30/2009. (DeRubeis, B.) (Entered: 10/01/2009)

Sept. 30, 2009 PACER
75

RULING granting 57 Motion to Certify Class. Signed by Judge Janet C. Hall on 1/4/2010. (Simpson, T.) (Entered: 01/05/2010)

Jan. 4, 2010 RECAP
76

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 1/26/2010 12:30 PM in Chambers Room 417, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554. (Volek, J.) (Entered: 01/14/2010)

Jan. 14, 2010 PACER
77

PROPOSED ORDER Merit Discovery Schedule by Cherie Easterling, State of CT Dept of Corr. (Marnin, Seth) (Entered: 01/19/2010)

Jan. 19, 2010 PACER
78

NOTICE OF AMENDED E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Status Conference has been changed to 3/11/2010 02:00 PM in Chambers Room 417, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554. (DeRubeis, B.) (Entered: 01/25/2010)

Jan. 25, 2010 PACER
79

Minute Entry for proceedings held before Judge Janet C. Hall: Status Conference held on 3/11/10. Plaintiff's dispositive motion deadline set for 7/15/10. Defendant's deadline for opposition set for 8/9/10. Plaintiff's reply deadline set for 8/30/10. With respect to defendant's dispositive motions, defendant's motion deadline set for 8/9/10. Plaintiff's opposition deadline set for 8/30/10. Defendant's reply deadline set for 9/13/10. The parties shall file a Revised Proposed Discovery Schedule in accordance with these deadlines as stated on the record. 40 minutes (Court Reporter T. Fidanza.) (Volek, J.) (Entered: 03/11/2010)

March 11, 2010 PACER
80

PROPOSED ORDER re 77 Proposed Order Revised Discovery Schedule by Cherie Easterling, State of CT Dept of Corr. (Marnin, Seth) (Entered: 04/05/2010)

April 5, 2010 PACER
81

ORDER re 80 Proposed Order filed by State of CT Dept of Corr, Cherie Easterling, ( Discovery due by 6/15/2010, Dispositive Motions due by 7/15/2010 & 8/9/2010, Trial Brief due by 7/15/2010 or 30 days after ruling on dispositive motions). SO ORDERED by Judge Janet C. Hall on 4/8/2010. (DeRubeis, B.) (Entered: 04/08/2010)

April 8, 2010 PACER
82

NOTICE by State of CT Dept of Corr of Designation of Expert Concerning Statistical Disparities (Attachments: # 1 Exhibit)(Rodriguez, Maria) (Entered: 04/30/2010)

1 Exhibit

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April 30, 2010 PACER
83

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Conference set for 5/7/2010 02:30 PM in Chambers Room 417, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554. (Volek, J.) (Entered: 05/04/2010)

May 4, 2010 PACER
84

Minute Entry for proceedings held before Judge Janet C. Hall: Telephone Conference held on 5/7/2010. Production of discovery materials is ordered as stated on the record. 15 minutes. (Court Reporter T. Fidanza.) (Volek, J.) (Entered: 05/07/2010)

May 7, 2010 PACER
85

Second MOTION for Extension of Time until June 4, 2010 to Designate Trial Experts and Provide Expert(s) Report(s) by State of CT Dept of Corr. (Chapple, Margaret) (Entered: 05/12/2010)

May 12, 2010 PACER
86

OBJECTION re 85 Second MOTION for Extension of Time until June 4, 2010 to Designate Trial Experts and Provide Expert(s) Report(s) filed by Cherie Easterling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Marnin, Seth) (Entered: 05/13/2010)

1 Exhibit 1

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2 Exhibit 2

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May 13, 2010 PACER
87

Supplemental OBJECTION re 86 Objection, 85 Second MOTION for Extension of Time until June 4, 2010 to Designate Trial Experts and Provide Expert(s) Report(s) filed by Cherie Easterling. (Marnin, Seth) (Entered: 05/17/2010)

May 17, 2010 PACER
88

ORDER granting in part 85 Second MOTION for Extension of Time until June 4, 2010 to Designate Trial Experts and Provide Expert(s) Report(s) by State of CT Dept of Corr. Motion is granted in part only because defense counsel has left the court little choice, filing on the day of the deadline. Counsel is advised that, if this occurs again in any case in which counsel appears, the court will deny the motion to extend. Defendant's deadline is extended until 5/28/2010 only. Plaintiff is to propose a modified schedule for approval by the court within 5 days. SO ORDERED by Judge Janet C. Hall on 5/18/2010. (DeRubeis, B.) (Entered: 05/18/2010)

May 18, 2010 PACER
89

PROPOSED ORDER re 88 Order on Motion for Extension of Time,, Modified Merits Discovery Schedule by Cherie Easterling. (Marnin, Seth) (Entered: 05/21/2010)

May 21, 2010 PACER
90

NOTICE by State of CT Dept of Corr of Designation of Expert Concerning Business Necessity and Job Relatedness (Attachments: # 1 Exhibit)(Rodriguez, Maria) (Entered: 05/28/2010)

1 Exhibit

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May 28, 2010 PACER
91

NOTICE by State of CT Dept of Corr Defendant's Designation of Expert Concerning Business Necessity and Job Relatedness (Libby and Anderson) (Attachments: # 1 Exhibit Addendums A - C)(Rodriguez, Maria) (Entered: 05/28/2010)

1 Exhibit Addendums A - C

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May 28, 2010 PACER
92

MOTION to Expedite Resolution of Dispute by Cherie Easterling. (Marnin, Seth) (Entered: 06/04/2010)

June 4, 2010 PACER
93

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION., Conference re: 92 MOTION to Expedite Resolution of Dispute set for 6/7/2010 12:00 PM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. (Volek, J.) (Entered: 06/04/2010)

June 4, 2010 PACER
94

ORDER granting 92 Motion to Expedite. SO ORDERED by Judge Janet C. Hall on 6/7/10. (Volek, J.) (Entered: 06/07/2010)

June 7, 2010 PACER
95

Minute Entry for proceedings held before Judge Janet C. Hall: Discovery Hearing held on 6/7/2010. Discovery schedule revised as stated on the record and as will be articulated in forthcoming order. 50 minutes(Court Reporter Fidanza, Terri.) (Jaiman, R.) (Entered: 06/08/2010)

June 7, 2010 PACER
96

PROPOSED ORDER Revised Proposed Merits Discovery Schedule by Cherie Easterling. (Marnin, Seth) (Entered: 06/08/2010)

June 8, 2010 PACER
97

ORDER re: 96 Proposed Discovery Schedule. (Merits Discovery due by 6/11/2010, Dispositive Motions due by 9/2/2010, Trial Brief due by 9/2/2010). SO ORDERED by Judge Janet C. Hall on 6/10/2010. (DeRubeis, B.) (Entered: 06/10/2010)

June 10, 2010 PACER
98

NOTICE by State of CT Dept of Corr of Designation of Expert Concerning Less Discriminatory Alternative (Attachments: # 1 Exhibit)(Chapple, Margaret) (Entered: 06/18/2010)

1 Exhibit

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June 18, 2010 PACER
99

MOTION for Deborah McKenna to Withdraw as Attorney by Cherie Easterling. (McKenna, Deborah) (Entered: 07/01/2010)

July 1, 2010 PACER
100

ORDER granting 99 Motion to Withdraw as Attorney. Attorney Deborah L. McKenna terminated. SO ORDERED by Judge Janet C. Hall on 7/2/10. (Volek, J.) (Entered: 07/02/2010)

July 2, 2010 PACER

State / Territory: Connecticut

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 30, 2008

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is representative of the certified class, which includes all female applicants for the position of Corrections Officer at the State of Connecticut Department of Corrections who participated in the relevant employment process. Each class member failed only the one element of the physical fitness test and were consequently denied the Corrections Officer position.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Connecticut Department of Corrections (Hartford), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3,084,355

Content of Injunction:

Hire

Reinstatement

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Hiring

Testing

Discrimination-basis:

Sex discrimination

Affected Gender:

Female