Case: Lopez v. Massachusetts Division of Human Resources

1:07-cv-11693 | Massachusetts state trial court

Filed Date: Feb. 11, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

In this class-action lawsuit filed in Suffolk County Superior Court, a Massachusetts state trial court, several African-American and Hispanic police officers employed throughout Massachusetts alleged that the Massachusetts Human Resources Division engaged in racial discrimination that violated state law in its administration of promotional exams for police sergeants. This case followed a separate (non-class-action) lawsuit, Lopez v. Lawrence ("Lopez I"), filed in the U.S. District Court for the District of Massachusetts in 2007, where several African-American and Hispanic police officers employed by the Cities of Methuen and Lawrence, Massachusetts brought similar allegations under Title VII of the Civil Rights Act of 1994.

Lopez I:

In Lopez I, several African-American and Hispanic police officers sued the Massachusetts Human Resources Division (HRD), the HRD’s chief executive in his official capacity and the officers’ employers (various municipalities and the Massachusetts Bay Transportation Authority (MBTA) in the U.S. District Court for the District of Massachusetts. Represented by private counsel, the officers brought a disparate impact claim under Title VII of the Civil Rights Act of 1964, specifically alleging that the HRD-administered promotional exams had an impermissible disparate impact on the promotion of African-American and Hispanic officers by their employers and lacked a job-related purpose. They also brought claims under Massachusetts state law, and sought declaratory and injunctive relief to address the effects of the examinations on past discrimination, in addition to compensatory damages, including backpay, and attorneys’ fees.

The state defendants (HRD and its chief executive) moved to dismiss and for summary judgment in the alternative, arguing that Title VII abrogates a state’s sovereign immunity under the Eleventh Amendment of the U.S. Constitution only when the state functions as an employer. Since the officers were employed by the municipalities and MBTA, rather than the HRD, the state defendants contended that they remained immune from suit. The district court judge denied their motion. On interlocutory appeal, however, the U.S. Court of Appeals for the First Circuit reversed, holding that the HRD was not the officers’ employer under Title VII. 588 F.3d 69. Accordingly, the state defendants were dismissed as defendants and, on remand, that case proceeded to go to trial against the municipalities and the MBTA. The District Court determined after a bench trial that the examinations were nevertheless job-related for the position in question and consistent with business necessity; and that the plaintiffs failed to prove that Boston had refused to adopt an alternative employment practice that would have equally or better served its business needs with less disparate impact. 2014 WL 12978866. The First Circuit affirmed this judgment. 823 F.3d 102.

Lopez II:

In response, on February 11, 2009, the officers filed this class action lawsuit on behalf of all African-American and Hispanic police officers who are subject to a Massachusetts civil service law against the Commonwealth of Massachusetts and the HRD in Suffolk County Superior Court. Represented by private counsel, the plaintiffs alleged that the HRD engaged in discrimination by administering an examination for promotion to the position of police sergeant that had an adverse and discriminatory impact on African-American and Hispanic candidates and were not valid predictors of job performance, in violation of several state laws. The officers alleged that their municipal employers relied on their ranking by exam results, causing them to be denied promotional opportunities. As a result, they contended, there is a substantial disparity between the number of African-American and Hispanic police sergeants and entry-level police officers. The case was assigned to Associate Justice Thomas E. Connolly.

In July 2010, the defendants moved to dismiss the case for lack of jurisdiction on the basis of the state’s sovereign immunity and, in the alternative, for failure to state a claim. On January 10, 2011, Judge Connolly granted their motion to dismiss on both grounds, without issuing an opinion.

The officers filed an application for direct appellate review to the Supreme Judicial Court of Massachusetts, which was granted on June 23, 2011. Writing for the court, Associate Justice Fernande R. V. Duffly reversed the trial court’s decision on November 9, 2012. 463 Mass. 696. Justice Duffly found that the state and HRD did not have sovereign immunity from the police officers’ claims because the statute prohibiting racial discrimination expressly permitted suit against the state and its agencies. She further determined that the officers’ claim under the statute prohibiting discrimination in terms or conditions by an employer was properly dismissed because neither the state nor the HRD were the officers’ employers; since the officers’ employers, the municipalities and MBTA, were not obliged to rely on the examination when making promotional decisions, Judge Duffly held that they were also not liable. She also held that their claim for aiding and abetting a violation of the statute prohibiting unlawful discrimination was correctly dismissed because the officers did not allege that the municipalities who employed police officers committed distinct underlying acts of discrimination. By contrast, Judge Duffly found that the officers sufficiently alleged that the HRD interfered with their exercise of the right to be free from discrimination in employment because this claim could be established by evidence of disparate impact, and did not require a direct employment relationship. Pursuant to her order, the case was remanded to the Suffolk County Superior Court.

On September 18, 2013, the court denied the motion by defendants to stay the state court proceedings pending resolution of the parallel federal action, and granted plaintiffs’ motion for class certification for liability purposes only, subject to further consideration if the action reached the stage of remedy. The parties proceeded to engage in discovery for two years, during which the plaintiffs filed an amended complaint on February 7, 2014. The parties subsequently filed a joint motion to stay the state court proceedings pending resolution of the parallel federal action, however, on April 2, 2015. The court granted this motion on April 9, 2015, staying all proceedings until December 1, 2015. Subsequently, however, the court granted several joint motions by the parties to stay the proceedings.

On June 27, 2018, the defendants moved for judgment on the pleadings, contending that the plaintiffs’ discrimination claim was barred under the doctrine of issue preclusion because of the prior decision in the parallel federal action dismissing the plaintiffs’ claims under Massachusetts state law. Justice Robert N. Tochka of the Suffolk County Superior Court granted their motion on January 7, 2019.

The plaintiffs appealed to the Appeals Court of the Commonwealth of Massachusetts. On July 22, 2020, the panel for the Appeals Court—composed of Associate Justice Mary T. Sullivan, Associate Justice C. Jeffrey Kinder and Associate Justice Sabita Singh—reversed, finding that the application of the issue preclusion doctrine was inappropriate with respect to the plaintiffs’ interference claim.

On remand, the case was reassigned to Associate Justice of the Superior Court Douglas H. Wilkins on August 3, 2021. Before Justice Wilkins, the parties continued to engage in discovery. The case went to a bench trial limited to liability, which was held in June, July and September of 2022. Justice Wilkins issued a lengthy opinion with respect to liability on October 27, 2022 in which he found that the “[o]verwhelmingly persuasive evidence prove[d] that HRD interfered with the class members’ rights to consideration for promotion to police sergeant without regard to race or national origin,'' in violation of Massachusetts law. On November 3, 2022, Justice Wilkins ordered the parties to exchange proposals regarding injunctive relief and damages.

On March 10, 2023, the parties had a final pre-trial conference, with a bench trial scheduled for March 30, 2023. This was subsequently canceled and the parties instead had a settlement conference on March 31, 2023. The parties proposed a settlement that awarded the plaintiffs $40,000,000 to resolve all claims brought in this case, with $50,000 to be allocated for incentive awards for named plaintiffs, $300,000 to pay for any disputes involving class members who were left off from the class list, and potential attorneys’ fees and costs to be determined at a final approval hearing. In addition, the settlement stated that defendants would create and administer a new exam for police sergeants that is “developed consistent with generally accepted validation principles,” with the court to determine the level of oversight the plaintiffs would have in the final approval hearing. Any settlement funds left over after distribution would become cy pres funds that the parties would give to selected charitable organizations.

On May 1, 2023, the plaintiffs moved for final approval of the class settlement. In that motion, they also asked the court to let the plaintiffs’ experts oversee the defendants’ implementation of the new exam. The defendants filed a memorandum in opposition to the plaintiffs’ request for oversight on the same day. Later that month, on May 11, the court approved the class action settlement, finding that the agreement was “fair, adequate and reasonable for the class.” The court denied the plaintiffs’ request for oversight over the exam, holding that it did not have the authority to specify how the defendants should meet their statutory or constitutional obligations. Instead, the court ordered the defendants to provide plaintiffs’ counsel the following documents: job analysis, proposed weights for components of the exam, instruction to question writers, and instructions to subject matter experts. The court also pointed approvingly to portions of the settlement agreement in which the defendants agreed to or proposed various changes to the exam and procedures for creating the new exam. The court also granted attorneys’ fees to plaintiffs’ counsel, resulting in a 20% fee of the fund ($8,000,000), plus $750,000 for litigation costs and fees, for a total award of $8,750,000.

However, on July 18, 2023, the plaintiffs filed an emergency motion to enforce the settlement agreement and/or for a temporary injunction. The plaintiffs alleged that the defendants failed to provide the required documents and refused to allow class members to sit for the new 2023 exam unless they previously signed up for the canceled 2022 exam. The plaintiffs’ sought court enforcement of the May 11, 2023 settlement agreement and/or injunctive relief. Because Justice Wilkins had retired, the case was now heard by Justice Rosemary Connolly.

On August 10, 2023, Justice Connolly denied the plaintiffs’ emergency motion. As to the required documents, the court concluded that the defendants did not have to provide them until they had finished creating them, which they had not yet done. As to the exam itself, the court found that neither the Settlement Agreement nor the subsequent order mentioned allowing class members to sit for the 2023 test as part of the remedy. Therefore, the court concluded that the plaintiffs had not shown that they were likely to succeed on their claim that the defendants had breached the settlement agreement or the order.

Four days later, on August 14, the plaintiffs appealed the denial of their motion to the Massachusetts Appeals Court. Later that month, on August 29, the Massachusetts Appeals Court denied the plaintiffs’ petition because they did not meet their burden of showing that Justice Connolly “committed an error of law or abused her discretion when she denied their motion.”

As of November 1, 2023, the case is ongoing.

Summary Authors

Chris Miller (12/21/2022)

Venesa Haska (11/1/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4273367/parties/lopez-v-city-of-lawrence-massachusetts/

Judge(s)

Attorney for Plaintiff

Adkins, John F. (Massachusetts)

Attorney for Defendant

Ackil, Ann (Massachusetts)

Adkins, J. Mark (Massachusetts)

Alexander, William Clifton (Massachusetts)

Alland, Alexandra B. (Massachusetts)

Expert/Monitor/Master/Other

Judge(s)

Botsford, Margot (Massachusetts)

Buckley, Elaine M (Massachusetts)

Campo, Anthony M (Massachusetts)

Cordy, Robert J. (Massachusetts)

Duffly, Fernande R. V. (Massachusetts)

Gants, Ralph D (Massachusetts)

Howard, Jeffrey R. (New Hampshire)

Ireland, Roderick L. (Massachusetts)

Kane, Robert J (Massachusetts)

Kinder, C Jeffrey (Massachusetts)

Leibensperger, Edward P. (Massachusetts)

Lenk, Barbara A. (Massachusetts)

Lynch, Sandra Lea (Massachusetts)

Singh, Sabita (Massachusetts)

Spina, Francis X (Massachusetts)

Sullivan, William F (Massachusetts)

Tochka, Robert N (Massachusetts)

Torruella, Juan R. (Puerto Rico)

Wilkins, Douglas H. (Massachusetts)

Attorney for Plaintiff

Adkins, John F. (Massachusetts)

Alperstein, Robin L. (Massachusetts)

Ashkin, Roberta Ellen (Massachusetts)

Baker, Robert B. (Massachusetts)

Ballew, Bryan (Massachusetts)

Barrault, Leah M (Massachusetts)

Benson, William F. (Massachusetts)

Blackman, Duane Gordon (Massachusetts)

Bograd, Louis M (Massachusetts)

Bohenek, Matthew T. (Massachusetts)

Bor-Zale, James (Massachusetts)

Bresnahan, Elizabeth M. (Massachusetts)

Carrieri, Matthew P (Massachusetts)

Carter, Vincent J. (Massachusetts)

Cazort, Brad A. (Massachusetts)

Churchill, Stephen S (Massachusetts)

Cohen, Nadine M. (Massachusetts)

Cooper, Jenny K. (Massachusetts)

Cretcher, Grace Cathryn (Massachusetts)

Daniels, Harry T. (Massachusetts)

Earles, Derrick Glenn (Massachusetts)

Edwards, Flora (Massachusetts)

El-Mallawany, Deana K. (Massachusetts)

Fisher, Nikki J. (Massachusetts)

Gibbons, Thomas James (Massachusetts)

Girardi, Thomas V. (Massachusetts)

Gleason, Jeffrey S. (Massachusetts)

Gunn, W. Howard (Massachusetts)

Hall, Rahsaan D. (Massachusetts)

Harris, John A. (Massachusetts)

Hartzog, Dan M. (Massachusetts)

Heining, Eric A. (Massachusetts)

Hogue, Sharon (Massachusetts)

Jaikumar, Arjun K. (Massachusetts)

Jensen, Keith M. (Massachusetts)

John, Jennifer (Massachusetts)

Johnson, Kari R. (Massachusetts)

Kim, Phillip C (Massachusetts)

Lichten, Harold L. (Massachusetts)

Liss-Riordan, Shannon E. (Massachusetts)

Lue, Yin-Shuan (Massachusetts)

Macris, Aaron (Massachusetts)

Maslow-Armand, Laura (Massachusetts)

McGee, Amanda V. (Massachusetts)

Menken, Bruce Eric (Massachusetts)

Moulton, David I. (Massachusetts)

Nimick, Virginia Jackson (Massachusetts)

Noyes, Christopher R. (Massachusetts)

O'Bryan, Dennis Michael (Massachusetts)

O'Callahan, James G (Massachusetts)

Olshan, Jeffrey (Massachusetts)

Pinnock, Theodore A (Massachusetts)

Pirozzolo, Lisa J. (Massachusetts)

Prussia, Kevin S. (Massachusetts)

Rachal, Doreen M. (Massachusetts)

Reynolds, Alexandra Rueckle (Massachusetts)

Robertson, Paul M. (Massachusetts)

Rodriques, Louis A. (Massachusetts)

Rollins, Rachael S. (Massachusetts)

Rosen, Laurence Matthew (Massachusetts)

Rubin, Zachary L (Massachusetts)

Rutkowski, J. Rheba (Massachusetts)

Schwartz, Joshua B. (Massachusetts)

Sellstrom, Oren M. (Massachusetts)

Selwyn, Mark D. (Massachusetts)

Simpson, Scott (Massachusetts)

Sulman, Joseph L. (Massachusetts)

Todaro, Gerald J. (Massachusetts)

Vititoe, James W. (Massachusetts)

Wakefield, David C (Massachusetts)

Weber, Benjamin (Massachusetts)

Webster, Raquel J. (Massachusetts)

Woodard, Jonathan W. (Massachusetts)

Woodham, Maricia D. (Massachusetts)

Zhu, Ming M (Massachusetts)

Attorney for Defendant

Ackil, Ann (Massachusetts)

Adkins, J. Mark (Massachusetts)

Alexander, William Clifton (Massachusetts)

Alland, Alexandra B. (Massachusetts)

Alvarez, Iraida J. (Massachusetts)

Anderson, Austin W. (Massachusetts)

Arthur, Elizabeth G. (Massachusetts)

Atwood, Gina M. (Massachusetts)

Baker, D. Cameron (Massachusetts)

Balakrishna, Annapurna (Massachusetts)

Barnico, Thomas A. (Massachusetts)

Barry-Smith, Christopher K. (Massachusetts)

Batten, Mark W. (Massachusetts)

Baxley, Franklin L. (Massachusetts)

Beato, Andrew Michael (Massachusetts)

Beauchesne, Dawn M. (Massachusetts)

Bein, Philip Michael (Massachusetts)

Betts, Rebecca A. (Massachusetts)

Blume, Todd M. (Massachusetts)

Bok, Geoffrey R. (Massachusetts)

Bongiorno, Michael G. (Massachusetts)

Bonistalli, John J. (Massachusetts)

Boone, Floyd E. (Massachusetts)

Boscia, John J. (Massachusetts)

Bowers, James M. (Massachusetts)

Boyle, Colin R. (Massachusetts)

Braddy, Lauren Elizabeth (Massachusetts)

Brazier, Alexandra L. (Massachusetts)

Brock, Matthew T. (Massachusetts)

Brown, Daniel C. (Massachusetts)

Brown, Rachel M. (Massachusetts)

Burgess, Brian T. (Massachusetts)

Cahillane, Maurice M. (Massachusetts)

Carlson, C. Michael (Massachusetts)

Carroll, Harry P. (Massachusetts)

Carvalho, Ashley K. (Massachusetts)

Cederbaum, Adam N. (Massachusetts)

Chincheck, Julia A. (Massachusetts)

Chorover, Nora (Massachusetts)

Ciollo, Julie A. (Massachusetts)

Coakley, Martha (Massachusetts)

Coburn, Edward (Massachusetts)

Cohen, Jared B. (Massachusetts)

Colb, Sara A. (Massachusetts)

Cole, Victoria S. (Massachusetts)

Condon, Amy E (Massachusetts)

Cook, Kathryn Rebecca (Massachusetts)

Costello, Thomas H. (Massachusetts)

Courchesne, Christophe G (Massachusetts)

Cournoyer, Madonna E (Massachusetts)

Cray, Pierce O. (Massachusetts)

Cueto, Christopher F. (Massachusetts)

Cullen, Paul T (Massachusetts)

Cullinan, William G. (Massachusetts)

D'Agostino, Richard J. (Massachusetts)

D'Amato, Laura E. (Massachusetts)

Deck, Laura E. (Massachusetts)

deSousa, Lisa C. (Massachusetts)

Dewar, Elizabeth N. (Massachusetts)

DiGangi, Thomas Vincent (Massachusetts)

Dirks, Katherine B. (Massachusetts)

Dollar, Robyn P. (Massachusetts)

Donoghue, Laurence J. (Massachusetts)

Donohue, Thomas R (Massachusetts)

Donovan, Brian M. (Massachusetts)

Doyle, Katharine Isabel (Massachusetts)

Duffy, Conor P. (Massachusetts)

Dundin, Louis M. (Massachusetts)

Early, Shane P. (Massachusetts)

Edwards, Joseph L. (Massachusetts)

Engdahl, Laurie W. (Massachusetts)

Englander, John C. (Massachusetts)

Faillace, Michael Antonio (Massachusetts)

Farmer, Gary Michael (Massachusetts)

Farringer, Craig S. (Massachusetts)

Feiner, Gillian R. (Massachusetts)

Feltner, Jonathan P. (Massachusetts)

Ferrer, Nicole Murati (Massachusetts)

Flowers, Jodi Westbrook (Massachusetts)

Flynn, Jennifer H (Massachusetts)

Foskett, John C. (Massachusetts)

Freeley, Mary B (Massachusetts)

Friedman, David S. (Massachusetts)

Galle, Katherine N. (Massachusetts)

George, William David (Massachusetts)

Geraghty, Peter M. (Massachusetts)

Germano, Michael F. (Massachusetts)

Glasgow, Karen A. (Massachusetts)

Goldsmith, Aaron M. (Massachusetts)

Gordon, Gary D. (Massachusetts)

Gould, Kevin M. (Massachusetts)

Grant, Sheryl F. (Massachusetts)

Greene, Thomas M. (Massachusetts)

Gropman, Elizabeth R. (Massachusetts)

Gurland, Harvey W. (Massachusetts)

Hadas, David (Massachusetts)

Haefele, Robert Turner (Massachusetts)

Hanson, Kirk G. (Massachusetts)

Harrington, Edward P. (Massachusetts)

Harrington, William T. (Massachusetts)

Harris, Mary Jo (Massachusetts)

Head, Carol E. (Massachusetts)

Healey, Maura T. (Massachusetts)

Hernandez, Robert LeRoux (Massachusetts)

Hinkley, Michelle K. (Massachusetts)

Hoblitzell, John D. (Massachusetts)

Hodge, Kay H. (Massachusetts)

Hodges, David Wayne (Massachusetts)

Holland, Robert E. (Massachusetts)

Holland, Lee M. (Massachusetts)

Holstrom, Stephen L. (Massachusetts)

Holtz, Herbert L. (Massachusetts)

Horgan, James J. (Massachusetts)

Hucksam, John Richard (Massachusetts)

Hurld, Christopher S. (Massachusetts)

Iancu, Carol A. (Massachusetts)

Isley, Kate R (Massachusetts)

Jaso, Eric H. (Massachusetts)

Jay, William M. (Massachusetts)

Jenness, Kerry Regan (Massachusetts)

Johnson, Jenifer Lynn (Massachusetts)

Jolly, Joseph H. (Massachusetts)

Joss, Sarah M. (Massachusetts)

Joyce, Austin M. (Massachusetts)

Jr, David Clarke (Massachusetts)

Katz, Scott A. (Massachusetts)

Kaufmann, Aaron D. (Massachusetts)

Kelley, Jean M. (Massachusetts)

Kelly, Sheila Creaton (Massachusetts)

Kendall, Joe (Massachusetts)

Kennedy, Mary J. (Massachusetts)

Kim, Tori T. (Massachusetts)

Kobick, Julia E. (Massachusetts)

Koster, Andrew W. (Massachusetts)

Krim, Eben A. (Massachusetts)

Lagorio, Peter A. (Massachusetts)

LaGrassa, Adam R. (Massachusetts)

Lang, James A (Massachusetts)

Langlais, Alison M. (Massachusetts)

Laurent, Jeremy Saint (Massachusetts)

Leahey, Brian W. (Massachusetts)

Lee, Jennifer M. (Massachusetts)

Lent, Sarah E. (Massachusetts)

Liebel, John T. (Massachusetts)

Lindemann, Jessica M. (Massachusetts)

LoPalo, Christopher R. (Massachusetts)

Lowell, City of (Massachusetts)

Lowell, Appointing Authority (Massachusetts)

Lucia, Joseph P. (Massachusetts)

Lyons, Matthew M. (Massachusetts)

MacDonald, Mary Ellen (Massachusetts)

MacKenzie, Michael B. (Massachusetts)

Magnanini, Robert A. (Massachusetts)

Maki, Lisa Skehill (Massachusetts)

Manganaro, Kevin W. (Massachusetts)

Manousos, Gregory A. (Massachusetts)

Markey, Patrick J. (Massachusetts)

Marks, David R. (Massachusetts)

Martignetti, Eric (Massachusetts)

Martin, Kevin P. (Massachusetts)

Martinez, Frank (Massachusetts)

Martland, Douglas S. (Massachusetts)

Massachusetts, Commonwealth of (Massachusetts)

Mathias, James D (Massachusetts)

Matlack, William T. (Massachusetts)

McAuliffe, Eileen Ryan (Massachusetts)

McDermott, Kevin S. (Massachusetts)

McKenna-DOJ, Sean Robert (Massachusetts)

McKey, Jamie Jean (Massachusetts)

McMahon, Kimberley A. (Massachusetts)

McQuillan, Peter J. (Massachusetts)

Meally, Edmund J (Massachusetts)

Miles, Sabrina (Massachusetts)

Miller, Jonathan B. (Massachusetts)

Miller, Kara Sue (Massachusetts)

Mitchell, Matthew L. (Massachusetts)

Moore, David M. (Massachusetts)

Moran, Timothy E. (Massachusetts)

Morin, Erica (Massachusetts)

Morris, Robert P. (Massachusetts)

Morrison, Eileen L. (Massachusetts)

Mosley, Gwendolyn T. (Massachusetts)

Mulcahy, Michael E. (Massachusetts)

Mullin, Peter A. (Massachusetts)

Murray, Jill M. (Massachusetts)

Mustokoff, Michael M. (Massachusetts)

Nabulsi, Sammy S. (Massachusetts)

Nadeau, Genevieve C. (Massachusetts)

Nannis, Veronica Byam (Massachusetts)

Neal, Angela J. (Massachusetts)

Nelson, Ronald G. (Massachusetts)

Norris, Tim D. (Massachusetts)

O'Connor, Nicole M. (Massachusetts)

O'Connor, Christine P. (Massachusetts)

Olivere, Mark D. (Massachusetts)

Olmedo, Giselle (Massachusetts)

Orent, Jonathan D. (Massachusetts)

Ouellette, Evan C. (Massachusetts)

Paine, William H. (Massachusetts)

Palmer, R. Scott (Massachusetts)

Pappenheim, Hannah B. (Massachusetts)

Pardee, William L. (Massachusetts)

Paris, Lynda Carey (Massachusetts)

Patten, Robert P (Massachusetts)

Phan, Susan (Massachusetts)

Phelps, Melinda M. (Massachusetts)

Pierce, Rudolph F. (Massachusetts)

Pikula, Edward M. (Massachusetts)

Plotkin, Wendy S. (Massachusetts)

Pogrel, David Philip (Massachusetts)

Prince, Walter B. (Massachusetts)

Prior, Ian D. (Massachusetts)

Pyle, Jeffrey Jackson (Massachusetts)

Quinan, Robert L. (Massachusetts)

Quinn, Wendy L. (Massachusetts)

Rahn, Steven C (Massachusetts)

Randazzo, Michele E. (Massachusetts)

Randazzo, Anne L. (Massachusetts)

Ravitz, Randall E. (Massachusetts)

Regan, Kerry Maddox (Massachusetts)

Reidy, Catherine S. (Massachusetts)

Reis, Erika P. (Massachusetts)

Rice, Juliana deHaan (Massachusetts)

Rios, Ricardo Brandon (Massachusetts)

Rogers, Robert M (Massachusetts)

Rossetti, Kenneth J. (Massachusetts)

Ruano, Raquel D. (Massachusetts)

Salinger, Kenneth W. (Massachusetts)

Samy, Sharad (Massachusetts)

Santos, Jaime A. (Massachusetts)

Schenk-Hargrove, Christina M. (Massachusetts)

Schmit, John P (Massachusetts)

Schofield, Seth (Massachusetts)

Schreiber, Philip M. (Massachusetts)

Schuh, James A. (Massachusetts)

Sclarsic, Jonathan (Massachusetts)

Scott, Andrew G (Massachusetts)

Shalov, Lee Scott (Massachusetts)

Shapiro, Jeffrey S. (Massachusetts)

Sharobem, Steven T. (Massachusetts)

Shavit, Yael (Massachusetts)

Sheehy, Maria (Massachusetts)

Shin, Sookyoung (Massachusetts)

Simon, John M. (Massachusetts)

Sinkel, Ginny (Massachusetts)

Sivitz, Rebecca J. (Massachusetts)

Slagle, R. Eric (Massachusetts)

Smith, Charles John (Massachusetts)

Smith, Jordan Michael (Massachusetts)

Soisson, Amy M. (Massachusetts)

Spaeth, Peter A. (Massachusetts)

Stark, Zoe (Massachusetts)

Steinfield, Joseph D. (Massachusetts)

Stengle, Linda Jeffries (Massachusetts)

Sterman, Anne L. (Massachusetts)

Stone, David S. (Massachusetts)

Sullivan, Eugene J (Massachusetts)

Sweeney, Thomas E. (Massachusetts)

Tang, Yeatyng Evelyn (Massachusetts)

Taub, Nicole I. (Massachusetts)

Thomas, Elizabeth Abimbola (Massachusetts)

Valicenti, Todd M. (Massachusetts)

Walle, Erin McCarthy (Massachusetts)

Warner, Jonathon David (Massachusetts)

Weise, Susan M. (Massachusetts)

Wellock, James F. (Massachusetts)

Whitesell, Edward F. (Massachusetts)

Wilson, Anthony I. (Massachusetts)

Witherby, H. Reed (Massachusetts)

Wolkoff, Eric D. (Massachusetts)

Wotring, Earnest William (Massachusetts)

Yanchunis, John Allen (Massachusetts)

Young, James Dennis (Massachusetts)

Zivyon, Ari (Massachusetts)

Other

Ferrera, Vinita (Massachusetts)

Jacobs, Todd J (Massachusetts)

Lester, John R. (Massachusetts)

Miles, Terrence (Massachusetts)

Richardson, Herman F. (Massachusetts)

Ward, Beverly I (Massachusetts)

Ziehl, Catherine C (Massachusetts)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

09-00579	Docket Lopez v. Commonwealth of Massachusetts	Feb. 11, 2009	Feb. 11, 2009 Docket
09-00579	Docket #: 0984CV00576	Jan. 14, 2019	Jan. 14, 2019 Docket
1 1:07-cv-11693	Complaint; Injunctive and Declaratory Relief Requested U.S. District Court for the District of Massachusetts	Sept. 11, 2007	Sept. 11, 2007 Complaint
09-01664	Opinion U.S. Court of Appeals for the First Circuit	Dec. 3, 2009	Dec. 3, 2009 Order/Opinion 588 F.3d 69
SJC-11013	Opinion Massachusetts state supreme court	Nov. 9, 2012	Nov. 9, 2012 Order/Opinion 463 Mass. 696
1:07-cv-11693	Findings of Facts, Conclusions of Law, and Order for Judgment Lopez v. City of Lawrence U.S. District Court for the District of Massachusetts	Sept. 5, 2014	Sept. 5, 2014 Order/Opinion 2014 WL 12978866
09-01664	Opinion Lopez v. City of Lawrence U.S. Court of Appeals for the First Circuit	May 18, 2016	May 18, 2016 Order/Opinion 823 F.3d 102
09-00579	Endorsement Regarding "Defendants' Motion for Judgment on the Pleadings" Tatum v. Commonwealth of Massachusetts	Jan. 7, 2019	Jan. 7, 2019 Order/Opinion
19-00835	Memorandum and Order Pursuant to Rule 23.0 Tatum v. Commonwealth Massachusetts state appellate court	July 22, 2020	July 22, 2020 Order/Opinion 150 N.E.3d 1160
09-00579	Findings of Fact and Conclusions of Law on Phase I (Liability)	Oct. 27, 2022	Oct. 27, 2022 Order/Opinion

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Docket

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Last updated Sept. 1, 2026, 5:15 a.m.

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Docket for: Lopez v. City of Lawrence, Massachusetts

ECF Number	Date	Description	Link
1	Sept. 11, 2007	COMPLAINT; INJUNCTIVE and DECLARATORY RELIEF REQUESTED against City of Lawrence, Massachusetts, City of Methuen, Massachusetts, Commonwealth of Massachusetts, Paul Dietl, John Michael Sullivan, William Manzi, III, filed by Richard Brooks, The Massachusetts Hispanic Law Enforcement Association, Pedro Lopez, Abel Cano, Kevin Sledge, Charles DeJesus. (Attachments: # 1 Civil Cover Sheet and Category Form)(Paine, Matthew) (Entered: 09/11/2007) 1 Civil Cover Sheet and Category Form View on RECAP	Clearinghouse
	Sept. 11, 2007	ELECTRONIC NOTICE of Case Assignment. Judge Joseph L. Tauro assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Collings. (Paine, Matthew)
	Sept. 11, 2007	Summons Issued as to City of Lawrence, Massachusetts, City of Methuen, Massachusetts, Commonwealth of Massachusetts, Paul Dietl, John Michael Sullivan, William Manzi, III. (Paine, Matthew)
	Sept. 11, 2007	Filing fee: $ 350.00, receipt number 82326 for 1 Complaint, (Abaid, Kimberly)
2	Sept. 27, 2007	SUMMONS Returned Executed City of Lawrence, Massachusetts served on 9/17/2007, answer due 10/8/2007. (Abaid, Kimberly) (Entered: 09/27/2007)	RECAP
3	Sept. 27, 2007	SUMMONS Returned Executed John Michael Sullivan served on 9/17/2007, answer due 10/8/2007. (Abaid, Kimberly) (Entered: 09/27/2007)	RECAP
4	Sept. 27, 2007	SUMMONS Returned Executed William Manzi, III served on 9/14/2007, answer due 10/4/2007. (Abaid, Kimberly) (Entered: 09/27/2007)	RECAP
5	Sept. 27, 2007	SUMMONS Returned Executed City of Methuen, Massachusetts served on 9/14/2007, answer due 10/4/2007. (Abaid, Kimberly) (Entered: 09/27/2007)	RECAP
6	Sept. 27, 2007	SUMMONS Returned Executed Attorney General of the Commonwealth of Massachusetts served on 9/14/2007, answer due 10/4/2007. (Abaid, Kimberly) (Entered: 09/27/2007)	RECAP
7	Sept. 27, 2007	SUMMONS Returned Executed Paul Dietl served on 9/14/2007, answer due 10/4/2007. (Abaid, Kimberly) (Entered: 09/27/2007)	RECAP
8	Oct. 3, 2007	ANSWER to Complaint by City of Methuen, Massachusetts, William Manzi, III.(McQuillan, Peter) Additional attachment(s) added on 11/16/2007 (Abaid, Kimberly). (Entered: 10/03/2007) 1 Attachment View on RECAP	RECAP
9	Oct. 4, 2007	NOTICE of Appearance by Sookyoung Shin on behalf of Commonwealth of Massachusetts, Paul Dietl (Shin, Sookyoung) (Entered: 10/04/2007)	RECAP
10	Oct. 4, 2007	Assented to MOTION for Extension of Time to 11/2/2007 to File Answer re 1 Complaint, by Commonwealth of Massachusetts, Paul Dietl.(Shin, Sookyoung) (Entered: 10/04/2007)	RECAP
	Oct. 16, 2007	Judge Joseph L. Tauro : Electronic ORDER entered granting 10 Motion for Extension of Time to Answer Commonwealth of Massachusetts answer due 11/2/2007; Paul Dietl answer due 11/2/2007. (Abaid, Kimberly)
11	Oct. 31, 2007	Defendants' ANSWER to Complaint of the Plaintiffs by City of Lawrence, Massachusetts, John Michael Sullivan.(Bowers, James) (Entered: 10/31/2007)	RECAP
12	Nov. 16, 2007	NOTICE of Scheduling ConferenceScheduling Conference set for 1/3/2008 10:45 AM in Courtroom 20 before Judge Joseph L. Tauro. (Abaid, Kimberly) (Entered: 11/16/2007)	RECAP
13	Nov. 16, 2007	Judge Joseph L. Tauro : RULE 26 DISCOVERY ORDER entered. (Abaid, Kimberly) (Entered: 11/16/2007)	RECAP
	Nov. 16, 2007	Notice of correction to docket made by Court staff. Correction: Docket Entry 8 corrected because: Replaced unsigned document with signed version. (Abaid, Kimberly)
14	Dec. 5, 2007	Assented to MOTION for Extension of Time to File Answer re 1 Complaint, by Commonwealth of Massachusetts, Paul Dietl.(Shin, Sookyoung) (Entered: 12/05/2007)	RECAP
	Dec. 6, 2007	Judge Joseph L. Tauro : Electronic ORDER entered granting 14 Motion for Extension of Time to Answer (Lovett, Zita)
15	Dec. 21, 2007	CERTIFICATION pursuant to Local Rule 16.1 (D)(3) by All Plaintiffs.(Barrault, Leah) (Entered: 12/21/2007)	RECAP
16	Dec. 21, 2007	JOINT SUBMISSION pursuant to Local Rule 16.1 (D) by All Plaintiffs.(Barrault, Leah) (Entered: 12/21/2007)	RECAP
17	Dec. 21, 2007	NOTICE of Appearance by Robert L. Quinan, Jr on behalf of Commonwealth of Massachusetts (Quinan, Robert) (Entered: 12/21/2007)	RECAP
18	Dec. 21, 2007	Assented to MOTION for Protective Order by Commonwealth of Massachusetts, Paul Dietl. (Attachments: # 1 Stipulation and Order for Confidentiality)(Shin, Sookyoung) (Entered: 12/21/2007) 1 Stipulation and Order for Confidentiality View on RECAP	RECAP
19	Jan. 2, 2008	MOTION to Amend Complaint by All Plaintiffs. (Attachments: # 1 Exhibit Amended Complaint)(Barrault, Leah) (Entered: 01/02/2008) 1 Exhibit Amended Complaint View on RECAP	RECAP
20	Jan. 2, 2008	MEMORANDUM in Support re 19 MOTION to Amend Complaint filed by All Plaintiffs. (Barrault, Leah) (Entered: 01/02/2008)	RECAP
23	Jan. 3, 2008	Judge Joseph L. Tauro: ORDER entered. re 18 Assented to MOTION for Protective Order filed by Commonwealth of Massachusetts, Paul Dietl. Stipulation for the Protection of Confidential Material is Allowed and its terms are to be entered as an order of this court. (Abaid, Kimberly) (Entered: 01/07/2008)	RECAP
24	Jan. 3, 2008	Judge Joseph L. Tauro: ORDER entered. STIPULATION AND ORDER(Abaid, Kimberly) (Entered: 01/07/2008)	RECAP
	Jan. 3, 2008	Electronic Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Scheduling Conference held on 1/3/2008. (see order for details) A further conference is set for March 17, 2008 at 2:15 p.m. (Court Reporter: Carol Scott.)(Attorneys present: Lichten,Riordan,Barrault,plts., McQuillan,Shin,Quinnin,Bowers,dfts.) (Lovett, Zita)
21	Jan. 4, 2008	Second AMENDED COMPLAINT against all defendants, filed by All Plaintiffs.(Barrault, Leah) (Entered: 01/04/2008)	RECAP
25	Jan. 4, 2008	Judge Joseph L. Tauro: ORDER entered re: DISCOVERY. A Further Conference shall be held on March 10, 2008 at 2:15 PM in Courtroom 20 before Judge Joseph L. Tauro.(Abaid, Kimberly) (Entered: 01/07/2008)	RECAP
22	Jan. 7, 2008	Summons Issued as to City of Lowell, William F. Martin, City of Worcester, Massachusetts, Konstantina B. Lukes. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly) (Entered: 01/07/2008)	RECAP
26	Jan. 7, 2008	Judge Joseph L. Tauro: AMENDED ORDER entered. The Further Conference is scheduled for March 17, 2008 at 2:15 PM in Courtroom 20 before Judge Joseph L. Tauro. (There is no conference March 10, 2008).(Abaid, Kimberly) (Entered: 01/07/2008)	RECAP
27	Jan. 8, 2008	Disclosure pursuant to Rule 26 by All Plaintiffs.(Lichten, Harold) (Entered: 01/08/2008)	RECAP
28	Jan. 8, 2008	Proposed Document(s) submitted by All Plaintiffs. Document received: Proposed Order Regarding Rule 30(b)(6) Depositions. (Lichten, Harold) (Additional attachment(s) added on 2/6/2008: # 1 Proposed Order (30-4) See order dated 2-6-2008.) (Abaid, Kimberly). (Entered: 01/08/2008) 1 Proposed Order (30-4) See order dated 2-6-2008. View on RECAP	RECAP
29	Jan. 8, 2008	Proposed Document(s) submitted by All Plaintiffs. Document received: Proposed Order on Document Discovery. (Lichten, Harold) (Additional attachment(s) added on 2/6/2008: # 1 Proposed Order (30-3) See order dated 2-6-2008.) (Abaid, Kimberly). (Entered: 01/08/2008) 1 Proposed Order (30-3) See order dated 2-6-2008. View on RECAP	RECAP
30	Jan. 15, 2008	MOTION to Amend 21 Amended Complaint, 29 Proposed Document(s) submitted, 28 Proposed Document(s) submitted, 27 Disclosure pursuant to Rule 26 by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A-Third Amended Complaint, # 2 Exhibit Exhibit B-Rule 26 Disclosure, # 3 Exhibit Exhibit C-Proposed Order on Discovery, # 4 Exhibit Exhibit D-Proposed Order on Depositions)(Lichten, Harold) (Entered: 01/15/2008) 1 Exhibit Exhibit A-Third Amended Complaint View on RECAP 2 Exhibit Exhibit B-Rule 26 Disclosure View on RECAP 3 Exhibit Exhibit C-Proposed Order on Discovery View on RECAP 4 Exhibit Exhibit D-Proposed Order on Depositions View on RECAP	RECAP
31	Jan. 15, 2008	MOTION to Certify Class by All Plaintiffs.(Lichten, Harold) (Entered: 01/15/2008)	RECAP
32	Jan. 15, 2008	MEMORANDUM in Support re 31 MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23(b)(2) filed by All Plaintiffs. (Attachments: # 1 Exhibit A)(Lichten, Harold) (Entered: 01/15/2008) 1 Exhibit A View on RECAP	RECAP
33	Jan. 16, 2008	NOTICE of Appearance by Daniel C. Brown on behalf of City of Worcester, Massachusetts, Konstantina B. Lukes (Brown, Daniel) (Entered: 01/16/2008)	RECAP
34	Jan. 16, 2008	Assented to MOTION for Extension of Time to 02/11/08 to File Response/Reply to Second Amended Complaint by City of Worcester, Massachusetts, Konstantina B. Lukes.(Brown, Daniel) (Entered: 01/16/2008)	RECAP
35	Jan. 16, 2008	NOTICE of Appearance by Laurie W. Engdahl on behalf of City of Worcester, Massachusetts, Konstantina B. Lukes (Engdahl, Laurie) (Entered: 01/16/2008)	RECAP
36	Jan. 16, 2008	SUMMONS Returned Executed City of Lowell served on 1/8/2008, answer due 1/28/2008. (Barrault, Leah) (Entered: 01/16/2008)	RECAP
37	Jan. 16, 2008	SUMMONS Returned Executed William F. Martin served on 1/11/2008, answer due 1/31/2008. (Barrault, Leah) (Entered: 01/16/2008)	RECAP
38	Jan. 23, 2008	CERTIFICATE OF CONSULTATION and Service for Motion to Amend Complaint (Docket Entry No. 30). (Lichten, Harold) (Entered: 01/23/2008)	RECAP
39	Jan. 23, 2008	CERTIFICATE OF CONSULTATION and Service for Motion for Class Certification (Docket Entry No. 31). (Lichten, Harold) (Entered: 01/23/2008)	RECAP
40	Jan. 24, 2008	ANSWER to Complaint Third Amended Complaint by City of Methuen, Massachusetts.(McQuillan, Peter) (Entered: 01/24/2008)	RECAP
41	Jan. 25, 2008	Assented to MOTION for Extension of Time to 2/12/2008 to File Response/Reply as to 31 MOTION to Certify Class by Commonwealth of Massachusetts, Paul Dietl.(Shin, Sookyoung) (Entered: 01/25/2008)	RECAP
42	Jan. 25, 2008	NOTICE of Appearance by Brian W. Leahey on behalf of City of Lowell, William F. Martin (Leahey, Brian) (Entered: 01/25/2008)	RECAP
43	Jan. 25, 2008	Assented to MOTION for Extension of Time to 2/4/2008 to File Response/Reply as to 21 Amended Complaint by City of Lowell, William F. Martin.(Leahey, Brian) (Entered: 01/25/2008)	RECAP
44	Jan. 29, 2008	ANSWER to Complaint (Third Amended) by Commonwealth of Massachusetts, Paul Dietl.(Shin, Sookyoung) (Entered: 01/29/2008)	RECAP
45	Jan. 29, 2008	Opposition re 30 MOTION to Amend 21 Amended Complaint, 29 Proposed Document(s) submitted, 28 Proposed Document(s) submitted, 27 Disclosure pursuant to Rule 26 MOTION to Amend 21 Amended Complaint, 29 Proposed Document(s) submitted, 28 Proposed Document(s) submitted, 27 Disclosure pursuant to Rule 26 The State Defendants' Opposition to Plaintiffs' Proposed Discovery Orders filed by Commonwealth of Massachusetts. (Attachments: # 1 Affidavit of Sally McNeely in Opposition to Plaintiffs' Proposed Discovery Orders)(Quinan, Robert) (Entered: 01/29/2008) 1 Affidavit of Sally McNeely in Opposition to Plaintiffs' Proposed Discovery View on RECAP	RECAP
	Jan. 30, 2008	Judge Joseph L. Tauro: Electronic ORDER entered granting 43 Motion for Extension of Time to File Response/Reply re 43 Assented to MOTION for Extension of Time to 2/4/2008 to File Response/Reply as to 21 Amended Complaint, 41 Assented to MOTION for Extension of Time to 2/12/2008 to File Response/Reply as to 31 MOTION to Certify Class, 34 Assented to MOTION for Extension of Time to 02/11/08 to File Response/Reply to Second Amended Complaint Responses due by 2/4/2008 (Lovett, Zita)
46	Feb. 1, 2008	Assented to MOTION for Extension of Time to File Response/Reply as to 21 Amended Complaint to February 11, 2008 by City of Lowell, William F. Martin.(Leahey, Brian) (Entered: 02/01/2008)	RECAP
	Feb. 4, 2008	Judge Joseph L. Tauro: Electronic ORDER entered granting 46 Motion for Extension of Time to File Response/Reply Responses due by 2/11/2008 (Abaid, Kimberly)
47	Feb. 5, 2008	MOTION for Extension of Time to 2/14/08 to File Response/Reply as to 45 Opposition to Motion,, by All Plaintiffs.(Barrault, Leah) (Entered: 02/05/2008)	RECAP
48	Feb. 6, 2008	Judge Joseph L. Tauro: ORDER entered. The parties shall file an updated party list by February 15, 2008. 30 Motion to Amend Complaint is ALLOWED. Plaintiff shall file the third amended complaint on the CM/ECF system by February 8, 2008, at which time response deadlines will begin to run. 34 Motion to Enlarge Time to Respond is DENIED AS MOOT. 41 Motion to Enlarge Time to File Opposition is ALLOWED. 47 Motion to Reply to Opposition and to File Reply by February 14, 2008 is ALLOWED. (Abaid, Kimberly) (Entered: 02/06/2008)	RECAP
49	Feb. 13, 2008	Third AMENDED COMPLAINT against all defendants, filed by All Plaintiffs.(Barrault, Leah) (Entered: 02/13/2008)	RECAP
50	Feb. 14, 2008	Response by All Plaintiffs to 45 Opposition to Motion,, for Proposed Discovery Orders. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lichten, Harold) (Entered: 02/14/2008) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP	RECAP
51	Feb. 19, 2008	Opposition re 31 MOTION to Certify Class filed by Commonwealth of Massachusetts, Paul Dietl. (Attachments: # 1 Exhibit A (McNeely Affidavit))(Shin, Sookyoung) (Entered: 02/19/2008) 1 Exhibit A (McNeely Affidavit) View on RECAP	RECAP
52	Feb. 20, 2008	TRANSCRIPT of Scheduling Conference held on January 3, 2008 before Judge Tauro. Court Reporter: Carol Lynn Scott. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/330-1377 or the Clerk's Office. (Scalfani, Deborah) (Entered: 02/20/2008)	RECAP
53	Feb. 26, 2008	MOTION for Leave to File Reply to State Defendant's Opposition to Plaintiffs' Motion to Certify Class and to File Such Reply By March 4, 2008 by All Plaintiffs.(Barrault, Leah) (Entered: 02/26/2008)	RECAP
	Feb. 27, 2008	Judge Joseph L. Tauro: Electronic ORDER entered granting 53 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Abaid, Kimberly)
54	Feb. 29, 2008	Assented to MOTION for Extension of Time to March 11, 2008 to File Response/Reply as to 51 Opposition to Motion by All Plaintiffs.(Barrault, Leah) (Entered: 02/29/2008)	RECAP
55	March 3, 2008	ANSWER to 49 Amended Complaint by City of Lowell, Appointing Authority for the City of Lowell.(Leahey, Brian) (Entered: 03/03/2008)	RECAP
56	March 4, 2008	ANSWER to 49 Amended Complaint by City of Worcester, Massachusetts, Michael O'Brien.(Engdahl, Laurie) (Entered: 03/04/2008)	RECAP
	March 10, 2008	Judge Joseph L. Tauro: Electronic ORDER entered granting 54 Motion for Extension of Time to File Response/Reply Responses due by 3/11/2008 (Abaid, Kimberly)
57	March 11, 2008	Fourth MOTION to Amend 49 Amended Complaint by All Plaintiffs.(Barrault, Leah) (Additional attachment(s) added on 3/11/2008: # 1 Proposed Amended Complaint) (Abaid, Kimberly). (Entered: 03/11/2008) 1 Proposed Amended Complaint View on RECAP	RECAP
58	March 11, 2008	PROPOSED Fourth AMENDED COMPLAINT against all defendants, filed by All Plaintiffs.(Barrault, Leah) Modified on 3/11/2008 (Abaid, Kimberly). (Entered: 03/11/2008)	RECAP
59	March 11, 2008	REPLY to Response to 31 MOTION to Certify Class filed by All Plaintiffs. (Attachments: # 1 Affidavit Affidavit of Harold Lichten, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Barrault, Leah) (Entered: 03/11/2008) 1 Affidavit Affidavit of Harold Lichten View on RECAP 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP 4 Exhibit C View on RECAP 5 Exhibit D View on RECAP	RECAP
60	March 11, 2008	CERTIFICATE OF CONSULTATION re 57 Fourth MOTION to Amend 49 Amended Complaint Pursuant to Local Rule 7.1(a)(2). (Barrault, Leah) (Entered: 03/11/2008)	RECAP
	March 11, 2008	Notice of correction to docket made by Court staff. Correction: Docket Entry 58 corrected because: Corrected Docket text to reflect that Document filed is a PROPOSED Amended Complaint. If Judge Tauro Allows the Motion to file an Amended Complaint, the actual Amended Complaint will be filed through CM/ECF. (Abaid, Kimberly)
61	March 12, 2008	Judge Joseph L. Tauro: ORDER entered. 57 Fourth Motion to Amend Complaint is ALLOWED. Plaintiffs shall file the Amended Complaint on the CM/ECF system by March 17, 2008. The Further Conference scheduled for March 17, 2008 is CANCELED. All briefing on 31 Motion for Class Certification shall be completed by March 21, 2008. A Hearing on the Proposed Discovery Orders and Motion for Class Certification will be held on April 28, 2008 at 2:30 PM in Courtroom 22 before Judge Joseph L. Tauro. (Abaid, Kimberly) (Entered: 03/12/2008)	RECAP
62	March 17, 2008	Fourth AMENDED COMPLAINT against all defendants, filed by All Plaintiffs.(Barrault, Leah) (Entered: 03/17/2008)	RECAP
63	March 19, 2008	Summons Issued as to City of Boston. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly) (Entered: 03/19/2008)	RECAP
64	March 20, 2008	Defendant's, City of Lawrence and John (sic) Michael Sullivan, in His Capacity as Mayor of the City of Lawrence ANSWER to 62 Amended Complaint, 58 Amended Complaint of the Plaintiffs, by City of Lawrence, Massachusetts.(Bowers, James) Modified on 3/21/2008 (Abaid, Kimberly). (Entered: 03/20/2008)	RECAP
65	March 21, 2008	Assented to MOTION for Leave to File Surreply re Motion for Class Certification by Commonwealth of Massachusetts, Paul Dietl.(Shin, Sookyoung) (Entered: 03/21/2008)	RECAP
66	March 21, 2008	SUR-REPLY to Motion re 31 MOTION to Certify Class filed by Commonwealth of Massachusetts, Paul Dietl. (Shin, Sookyoung) (Entered: 03/21/2008)	RECAP
67	March 24, 2008	Re: Pending Motion for Class Certification Letter/request (non-motion) from Harold L. Lichten. (Attachments: # 1 Exhibit Attachment)(Lichten, Harold) (Entered: 03/24/2008) 1 Exhibit Attachment View on RECAP	RECAP
68	March 25, 2008	CITY OF METHUEN ANSWER to 62 Amended Complaint FOURTH by City of Methuen, Massachusetts.(McQuillan, Peter) (Entered: 03/25/2008)	RECAP
69	March 25, 2008	CITY OF LOWELL AND APPOINTING AUTHORITY FOR CITY OF LOWELL ANSWER to 62 Amended Complaint by City of Lowell, Appointing Authority for the City of Lowell.(Leahey, Brian) (Entered: 03/25/2008)	RECAP
70	March 27, 2008	State Defendants' ANSWER to 62 Amended Complaint by Commonwealth of Massachusetts.(Quinan, Robert) (Entered: 03/27/2008)	RECAP
71	March 31, 2008	NOTICE of Appearance by Mary Jo Harris on behalf of City of Boston (Harris, Mary Jo) (Entered: 03/31/2008)	RECAP
72	April 1, 2008	ANSWER to 62 Amended Complaint by City of Worcester, Massachusetts, Michael O'Brien.(Engdahl, Laurie) (Entered: 04/01/2008)	RECAP
73	April 8, 2008	SUMMONS Returned Executed City of Boston served on 3/25/2008, answer due 4/14/2008. (Barrault, Leah) (Entered: 04/08/2008)	RECAP
74	April 14, 2008	NOTICE of Appearance by Robert P. Morris on behalf of City of Boston (Morris, Robert) (Entered: 04/14/2008)	RECAP
75	April 14, 2008	ANSWER to 62 Amended Complaint by City of Boston.(Morris, Robert) (Entered: 04/14/2008)	RECAP
	April 16, 2008	Judge Joseph L. Tauro: Electronic ORDER entered granting 65 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lovett, Zita)
76	April 23, 2008	MEMORANDUM in Opposition re 31 MOTION to Certify Class filed by City of Boston. (Attachments: # 1 Exhibit A (McNeely deposition excerpts))(Morris, Robert) (Entered: 04/23/2008) 1 Exhibit A (McNeely deposition excerpts) View on RECAP	RECAP
	April 28, 2008	Electronic Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Motion Hearing held on 4/28/2008 re 31 MOTION to Certify Class filed by All Plaintiffs. After arguments motion is taken under advisement. (Court Reporter: Carol Scott.)(Attorneys present: Lichten,plts.,Quinan,Shin,defts.) (Lovett, Zita)
77	April 29, 2008	Judge Joseph L. Tauro: ORDER entered. (Abaid, Kimberly) (Entered: 04/29/2008)	RECAP
78	May 19, 2008	Proposed Document(s) submitted by All Plaintiffs. Document received: Proposed Order Certifying A Class. (Attachments: # 1 Text of Proposed Order)(Barrault, Leah) (Entered: 05/19/2008) 1 Text of Proposed Order View on RECAP	RECAP
79	May 19, 2008	JOINT SUBMISSION pursuant to Local Rule 16.1 by All Plaintiffs and by Commonwealth of Massachusetts. (Attachments: # 1 Text of Proposed Order : Order Governing Electronic and Document Discovery, # 2 Text of Proposed Order : Governing Certain Depositions)(Quinan, Robert) (Entered: 05/19/2008) 1 Text of Proposed Order : Order Governing Electronic and Document Discovery View on RECAP 2 Text of Proposed Order : Governing Certain Depositions View on RECAP	RECAP
80	May 20, 2008	Judge Joseph L. Tauro: ORDER Regarding Depositions entered. (Abaid, Kimberly) (Entered: 05/20/2008)	RECAP
81	May 20, 2008	Judge Joseph L. Tauro: ORDER on Document Discovery. (Abaid, Kimberly) (Entered: 05/20/2008)	RECAP
82	May 30, 2008	Fifth AMENDED COMPLAINT against all defendants, filed by All Plaintiffs.(Barrault, Leah) (Entered: 05/30/2008)	RECAP
83	May 30, 2008	Response by Commonwealth of Massachusetts, Paul Dietl to 78 Proposed Document(s) submitted. (Shin, Sookyoung) (Entered: 05/30/2008)	RECAP
84	May 30, 2008	Response by City of Boston to 83 Response, 78 Proposed Document(s) submitted by State Defendants and Plaintiffs on Plaintiffs' Proposed Class Certification. (Morris, Robert) (Entered: 05/30/2008)	RECAP
85	June 3, 2008	ANSWER to 82 Amended Complaint by Commonwealth of Massachusetts, Paul Dietl.(Shin, Sookyoung) (Entered: 06/03/2008)	RECAP
86	June 5, 2008	ANSWER to 82 Amended Complaint (5th Amended Complaint) by City of Boston.(Morris, Robert) (Entered: 06/05/2008)	RECAP

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Equal Employment

Policing

Key Dates

Filing Date: Feb. 11, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Black and Hispanic police officers in Massachusetts who took promotional exams for the position of police sergeant administered statewide and in Boston in 2005, 2006, 2007, 2008, 2010, and 2012.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Commonwealth of Massachusetts

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

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

Other Dockets:

Massachusetts state supreme court SJC-11013

Massachusetts state trial court 0984-CV-00576

U.S. Court of Appeals for the First Circuit 09-01664

District of Massachusetts 1:07-cv-11693

Massachusetts state appellate court 19-P-835

Massachusetts state appellate court 23-J-0448

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Document/information produced

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $40,000,000

Issues

Discrimination Area:

Disparate Impact

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Recommended Citation

Case Summary of Lopez v. Massachusetts Division of Human Resources, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/12937/ (last updated 11/1/2023).