Case: The Port Authority Police Asian Jade Society of New York & New Jersey v. Port Authority of New York

1:05-cv-03835 | U.S. District Court for the Southern District of New York

Filed Date: April 15, 2005

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On April 15, 2005, a fraternal organization of police officers of Asian or Pacific Islander descent and all officers filed this federal lawsuit in the U.S. District Court for the Southern District of New York, on the grounds that they were passed over for promotion because of their race. The suit alleged violations of Title VII of the Civil Rights Act of 1964, as well as 42 U.S.C. §1981 and 42 U.S.C. §1983. The plaintiff, represented by private counsel, asked the court for compensatory damages…

The eleven individual plaintiffs in this action are Asian American police officers employed by the defendant (Port Authority of New York and New Jersey) who claimed they were denied promotion because of their race. All eleven of the plaintiffs are members of the Port Authority Police Asian Jade Society of New York and New Jersey Inc. ("Asian Jade Society"), a nonprofit organization whose purpose is to promote good relations among the members of the Port Authority police department.

During the relevant period, the Port Authority utilized a promotion process where entry-level police officers could be promoted to the rank of Sergeant, the first level in the hierarchy of supervisory positions. Periodically, each facility's commanding officer would make a recommendation for officers for promotion, at their discretion, and after the applicant had passed an exam. Recommended officers would then be evaluated by the Chiefs' Board, each board member would vote for or against each officer and those who received a majority would be recommended to the superintendent; the board did not use any written guidelines. The ultimate decision to promote an officer belonged solely to the Superintendent and promotions occurred outside of this hiring process. As of January 31, 2001, no Asian American had been promoted to Sergeant.

The Asian Jade Society filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") on behalf of the eleven members on January 31, 2001. The EEOC determined there was reasonable cause to believe race discrimination had occurred under Title VII. The plaintiffs filed suit on April 15, 2005, alleging that the Port Authority had discriminated against Asian Americans in making promotions to Sergeant.

On March 11, 2009, a nine-day trial commenced in the Southern District of New York, before Judge Miriam Cedarbaum. The jury found that the Port Authority's promotion practice had a disparate impact on Asian-American police officers and that the defendant had utilized a pattern or practice of intentional discrimination with respect to seven of the eleven plaintiffs. On April 14, 2010, Port Authority was ordered to pay the seven plaintiffs $1,637,622 in back pay and compensatory damages. Additionally, Port Authority was ordered to pay $2,357,659 in attorneys' fees and costs.

The Port Authority appealed the judgment to the United States Court of Appeals for the Second Circuit on the grounds that the evidence was insufficient to support each plaintiffs' theories, that evidence barred by the statute of limitations was admitted, and that damages were awarded on time-barred claims. The four plaintiffs who did not prevail at trial cross-appealed and argued that the district court erred by excluding expert testimony.

On July 10, 2012, the Court of Appeals (Judge Dennis Jacobs) found the district court erred in impliedly instructing the jury that a common pattern of discrimination is an element of liability. The circuit court declined to extend the pattern-or-practice method of proof outside of the class action context (federal Courts of Appeals have consistently held that the pattern-or-practice method of proof is not available to private non class plaintiffs). The court affirmed the lower court's judgment with respect to the disparate impact and the individual disparate treatment claims. Where the plaintiffs relied on the continuing violations doctrine to prove disparate impact, the back pay and compensatory damages were reversed since the continuing violation doctrine does not apply to disparate impact proof. Failures to promote are considered discrete acts and the continuing violations doctrine requires conduct to be a part of an ongoing discriminatory policy.

The Second Circuit court easily affirmed the district court's judgment regarding the four plaintiffs who did not prevail at trial, finding no abuse of discretion. Ultimately, the court remanded for new trial all compensatory damages and equitable relief remedies and affirmed the back pay only for conduct that occurred within the requisite time period.

On remand, there is a notice that the parties were required to submit proposed verdict forms to the District Court by the end of June 2013. The parties entered mediation with Magistrate Judge Debra C. Freeman. A settlement agreement was reached on February 19, 2015 and the case was dismissed with prejudice. The settlement agreement is not publicly available, and the case is now closed.

Summary Authors

Silke Watson (12/30/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5144440/parties/the-port-authority-police-asian-jade-society-of-new-york-new-jersey-inc/

Judge(s)

Cabranes, José Alberto (Connecticut)

Cedarbaum, Miriam Goldman (New York)

Jacobs, Dennis G. (New York)

Attorney for Plaintiff

Baron, Robert H (New York)

Buergel, Susanna M. (New York)

Attorney for Defendant

Judge(s)

Cabranes, José Alberto (Connecticut)

Cedarbaum, Miriam Goldman (New York)

Jacobs, Dennis G. (New York)

Livingston, Debra Ann (New York)

McLaughlin, Joseph Michael (New York)

Attorney for Plaintiff

Baron, Robert H (New York)

Buergel, Susanna M. (New York)

Kimerling, Kenneth (New York)

King, Karen R. (New York)

Olney, Eric S. (New York)

Attorney for Defendant

Kelley, Angel (New York)

Miller, Kathleen Gill (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:05-cv-03835	Docket [SDNY] The Port Authority Police Asian Jade Society of New York and New Jersey Inc. v. The Port Authority of New York and New Jersey	Feb. 19, 2015	Feb. 19, 2015 Docket
1 1:05-cv-03835	Complaint The Port Authority Police Asian Jade Society of New York and New Jersey Inc., v. The Port Authority of New York and New Jersey	April 15, 2005	April 15, 2005 Complaint
119 1:05-cv-03835	Opinion [SDNY] The Port Authority of New York and New Jersey	Jan. 13, 2010	Jan. 13, 2010 Order/Opinion 681 F.Supp.2d 456
120 1:05-cv-03835	District Court Judgment [Attorneys Fees] The Port Authority Police Asian Jade Society of New York and New Jersey, Inc. v. The Port Authority of New York and New Jersey	April 15, 2010	April 15, 2010 Order/Opinion 706 F.Supp.2d 537
122 1:05-cv-03835	Judgment [SDNY] The Port Authority Police Asian Jade Society of New York and New Jersey Inc. v. The Port Authority of New York and New Jersey	April 20, 2010	April 20, 2010 Order/Opinion
133 10-01904 10-02031	Opinion [USCA 2nd Circuit] Chin v. Port Authority of New York & New Jersey U.S. Court of Appeals for the Second Circuit	July 10, 2012	July 10, 2012 Order/Opinion
168-1 10-01904 10-02031	Opinion [Second Circuit ] The Port Authority Police Asian Jade Society of New York and New Jersey, Inc. v. The Port Authority of New York and New Jersey U.S. Court of Appeals for the Second Circuit	July 10, 2012	July 10, 2012 Order/Opinion 685 F.3d 135

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5144440/the-port-authority-police-asian-jade-society-of-new-york-new-jersey-inc/

Last updated Nov. 2, 2026, 10:14 p.m.

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Docket for: The Port Authority Police Asian Jade Society of New York & New Jersey Inc. v. The Port Authority of New York and New Jersey

ECF Number	Date	Description	Link
1	April 15, 2005	COMPLAINT against The Port Authority of New York and New Jersey. (Filing Fee $ 250.00, Receipt Number 540805)Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Wai Moy, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum.(es, ) Additional attachment(s) added on 4/21/2005 (gf, ). (Entered: 04/19/2005)	RECAP
2	April 15, 2005	RULE 7.1 DISCLOSURE STATEMENT. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Wai Moy, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum.(es, ) Additional attachment(s) added on 4/21/2005 (gf, ). (Entered: 04/19/2005)	RECAP
	April 15, 2005	SUMMONS ISSUED as to The Port Authority of New York and New Jersey. (es, )
	April 15, 2005	Magistrate Judge Debra C. Freeman is so designated. (es, )
	April 15, 2005	Case Designated ECF. (es, )
3	April 27, 2005	STIPULATION AND ORDER the time for defendant to appear, answer, or otherwise move in this action is extended to 6/6/05. So Ordered. (Signed by Judge Miriam Goldman Cedarbaum on 4/26/05) (jco, ) (Entered: 04/28/2005)	RECAP
	April 27, 2005	Set Answer Due Date purs. to 3 Stipulation and Order as to The Port Authority of New York and New Jersey answer due on 6/6/2005. (jco, )
4	June 6, 2005	ANSWER to Complaint with JURY DEMAND. Document filed by The Port Authority of New York and New Jersey.(Kelley, Angel) (Entered: 06/06/2005)	RECAP
	Sept. 21, 2005	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum : Initial Pretrial Conference held on 9/21/2005. Submitted by: Michael P. Ruocco, Courtroom Deputy. (tb, )
5	Oct. 6, 2005	PRETRIAL ORDER No. 1: parties shall exchange Rule 26(a)(1) disclosures by 10/6/05; parties shall serve initial interrogatories and document requests; parties shall respond to interrogatories and document requests by 11/7/05; parties may begin to conduct fact depositions by 11/15/05; parties shall conclude all fact discovery by 6/30/05; parties shall exhange expert reports 7/31/06; parties shall conclude expert discovery; parties shall conclude expert discovery. (Signed by Judge Miriam Goldman Cedarbaum on 10/6/05) (dle, ) (Entered: 10/07/2005)	RECAP
	Oct. 6, 2005	Set Deadlines/Hearings: Discovery due by 8/30/2006. Pretrial Order due by 9/29/2006. (dle, )
	May 11, 2006	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum : Status Conference held on 5/11/2006. (dle, )
6	July 5, 2006	ORDER that purs. to FRCP 21 Wai Moy be dropped as a party plaintiff in this action, that his name be removed from the caption and that the claims asserted by Mr. Moy are dismissed without prejudice and without costs to any party. (Signed by Judge Miriam Goldman Cedarbaum on 7/5/06) (dle, ) (Entered: 07/06/2006)	RECAP
7	Sept. 28, 2006	STIPULATION AND ORDER that the end date for all discovery is hereby adjourned to 3/1/07; the parties shall submit a pretrial order by 4/2/07. (Signed by Judge Miriam Goldman Cedarbaum on 9/28/06) (dle, ) (Entered: 09/29/2006)	RECAP
	Sept. 28, 2006	Set/Reset Deadlines: Discovery due by 3/1/2007. Pretrial Order due by 4/2/2007. (dle, )
	Dec. 28, 2006	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum : Status Conference held on 12/28/2006. (cd, )
	April 26, 2007	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum : Status Conference held on 4/26/2007 at 3:42 pm. (mbe)
8	Aug. 3, 2007	STIPULATION AND ORDER: All Discovery is adjourned to 8/31/2007. Parties to submit a Pretrial Order by 9/28/2007. (Signed by Judge Miriam Goldman Cedarbaum on 8/2/07) (db) (Entered: 08/06/2007)	RECAP
9	Oct. 23, 2007	NOTICE OF APPEARANCE by Karen R. King on behalf of Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum (King, Karen) (Entered: 10/23/2007)	RECAP
10	Oct. 25, 2007	NOTICE OF APPEARANCE by Kathleen Gill Miller on behalf of The Port Authority of New York and New Jersey (Miller, Kathleen) (Entered: 10/25/2007)	RECAP
11	Nov. 27, 2007	STIPULATION AND ORDER that the end date for expert discovery is hereby adjourned to 12/21/07 and the parties shall submit a pre-trial order by 1/31/08. (Signed by Judge Miriam Goldman Cedarbaum on 11/27/07) (dle) (Entered: 11/28/2007)	RECAP
	Dec. 13, 2007	MEMORANDUM TO THE DOCKET CLERK: Discovery Hearing. Remark: Discovery deadline is extended to February 29, 2008. Parties to submit Joint Pre-Trial Order by March 28, 2008. (djc)
12	Jan. 18, 2008	TRANSCRIPT of proceedings held on 12/13/07 before Judge Miriam Goldman Cedarbaum. (es) (Entered: 01/18/2008)	RECAP
13	March 10, 2008	STIPULATION AND ORDER by and between the undersigned counsel for the parties to this action as follows: Defendant shall serve its report on damages by March 28, 2008. The end date for expert discovery is hereby adjourned to April 30, 2008 with respect to rebuttal reports and depositions; The parties shall submit a pre-trial order by May 30, 2008. SO ORDERED ( Service due by 3/28/2008, Deposition due by 4/30/2008, Discovery due by 4/30/2008, Pretrial Order due by 5/30/2008.) (Signed by Judge Miriam Goldman Cedarbaum on 3/10/2008) (jmi) (Entered: 03/11/2008)	RECAP
	July 22, 2008	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Discovery Hearing held on 7/22/2008, ( Pretrial Order due by 12/1/2008. Final Pretrial Conference set for 12/4/2008 at 10:00 AM before Judge Miriam Goldman Cedarbaum. Jury Trial set for 12/8/2008 at 09:30 AM before Judge Miriam Goldman Cedarbaum.). (js)
14	Aug. 5, 2008	TRANSCRIPT of proceedings held on 7/22/08 before Judge Miriam Goldman Cedarbaum. (ama) (Entered: 08/05/2008)	RECAP
15	Aug. 5, 2008	ORDER FOR WITHDRAWAL PURSUANT TO LOCAL CIVIL RULE 1.4; that Robert H. Baron is given leave of this Court to withdraw from the above-captioned case. (Signed by Judge Miriam Goldman Cedarbaum on 8/4/08) (pl) (Entered: 08/05/2008)	RECAP
16	Sept. 18, 2008	MOTION for Partial Summary Judgment. Document filed by The Port Authority of New York and New Jersey.(Miller, Kathleen) (Entered: 09/18/2008)	RECAP
17	Sept. 18, 2008	RULE 56.1 STATEMENT. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 09/18/2008)	RECAP
18	Sept. 18, 2008	DECLARATION of Deon McNeil in Support re: 16 MOTION for Partial Summary Judgment.. Document filed by The Port Authority of New York and New Jersey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Miller, Kathleen) (Entered: 09/18/2008)	RECAP
19	Sept. 18, 2008	MEMORANDUM OF LAW in Support re: 16 MOTION for Partial Summary Judgment.. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 09/18/2008)	RECAP
20	Oct. 17, 2008	MEMORANDUM OF LAW in Opposition re: 16 MOTION for Partial Summary Judgment.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (King, Karen) (Entered: 10/17/2008)	RECAP
21	Oct. 17, 2008	DECLARATION of Karen King in Opposition re: 16 MOTION for Partial Summary Judgment.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (Attachments: # 1 Exhibit A - H, # 2 Exhibit I (PT 1), # 3 Exhibit I (PT 2))(King, Karen) (Entered: 10/17/2008)	RECAP
22	Oct. 17, 2008	COUNTER STATEMENT TO 17 Rule 56.1 Statement. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (King, Karen) (Entered: 10/17/2008)	RECAP
23	Oct. 31, 2008	DECLARATION of Deon McNeil in Support re: 16 MOTION for Partial Summary Judgment.. Document filed by The Port Authority of New York and New Jersey. (Attachments: # 1 Exhibit I)(Miller, Kathleen) (Entered: 10/31/2008)	RECAP
24	Oct. 31, 2008	REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Partial Summary Judgment.. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 10/31/2008)	RECAP
25	Nov. 19, 2008	MOTION for Sanctions Against Defendant for Spoliation. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum.(King, Karen) (Entered: 11/19/2008)	RECAP
26	Nov. 19, 2008	MEMORANDUM OF LAW in Support re: 25 MOTION for Sanctions Against Defendant for Spoliation.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (King, Karen) (Entered: 11/19/2008)	RECAP
27	Nov. 19, 2008	DECLARATION of Karen R. King in Support re: 25 MOTION for Sanctions Against Defendant for Spoliation.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31)(King, Karen) (Entered: 11/19/2008)	RECAP
	Nov. 20, 2008	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Oral Argument held on 11/20/2008. Motion denied. See record of proceedings for oral opinion. The parties are directed to submit the Joint Pretrial Order on February 20, 2009 at noon. The Final Pretrial Conference is scheduled for 3/4/2009 at 10:00 AM and the Jury Trial is scheduled to begin on 3/10/2009 at 09:30 AM before Judge Miriam Goldman Cedarbaum. (mro)
28	Nov. 21, 2008	ORDER denying 16 Motion for Partial Summary Judgment. ENDORSEMENT: Motion Denied. For oral opinion, see record of proceedings. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 11/20/08) (db) (Entered: 11/21/2008)	RECAP
29	Dec. 8, 2008	FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to File Response/Reply (As Stipulated and Date For Oral Argument To Be Determined By The Court)(STIPULATION). Document filed by The Port Authority of New York and New Jersey.(Miller, Kathleen) Modified on 12/9/2008 (KA). (Entered: 12/08/2008)	RECAP
30	Dec. 8, 2008	TRANSCRIPT of proceedings held on 11/20/08 before Judge Miriam Goldman Cedarbaum. (ama) (Entered: 12/09/2008)	RECAP
	Dec. 9, 2008	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Kathleen Gill Miller to E-MAIL pdf copy to judgments@nysd.uscourts.gov Document No. 29 Stipulation for Extension of time. This document is not filed via ECF. (KA)
31	Dec. 10, 2008	STIPULATION; that the defendant's time to answer plaintiffs' spoilation motion is hereby extended up to and including 1/16/2009 and plaintiffs' time to reply is extended to 2/2/2009. Oral argument will be heard on 2/9/2009 at 11 A.M. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 12/9/2008) (tve) Modified on 1/15/2009 (tve). (Entered: 12/10/2008)	RECAP
32	Jan. 16, 2009	DECLARATION of Kathleen Gill Miller in Opposition re: 25 MOTION for Sanctions Against Defendant for Spoliation.. Document filed by The Port Authority of New York and New Jersey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Miller, Kathleen) (Entered: 01/16/2009)	RECAP
33	Jan. 16, 2009	MEMORANDUM OF LAW in Opposition re: 25 MOTION for Sanctions Against Defendant for Spoliation.. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 01/16/2009)	RECAP
34	Feb. 2, 2009	REPLY MEMORANDUM OF LAW in Support re: 25 MOTION for Sanctions Against Defendant for Spoliation.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (King, Karen) (Entered: 02/02/2009)	RECAP
35	Feb. 2, 2009	DECLARATION of Karen R. King in Support re: 25 MOTION for Sanctions Against Defendant for Spoliation.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (Attachments: # 1 Exhibit 32, # 2 Exhibit 33, # 3 Exhibit 34, # 4 Exhibit 35)(King, Karen) (Entered: 02/02/2009)	RECAP
	Feb. 10, 2009	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Oral Argument held on 2/10/2009. Decision is reserved. (mro)
36	Feb. 23, 2009	ENDORSED LETTER addressed to Judge Miriam Goldman Cedarbaum from Kathleen Gill Miller dated 2/12/09 re: Port Authority requests permission to reargue. ENDORSEMENT: Permission to make untimely motion for reconsideration denied. (Signed by Judge Miriam Goldman Cedarbaum on 2/23/09) (cd) (Entered: 02/23/2009)	RECAP
37	Feb. 24, 2009	TRANSCRIPT of proceedings held on 2/10/09 before Judge Miriam Goldman Cedarbaum. (cd) (Entered: 02/25/2009)	RECAP
38	Feb. 26, 2009	MOTION in Limine with Respect to Defendant's Judicial Admissions. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum.(King, Karen) (Entered: 02/26/2009)	RECAP
39	Feb. 26, 2009	MEMORANDUM OF LAW in Support re: 38 MOTION in Limine with Respect to Defendant's Judicial Admissions.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (King, Karen) (Entered: 02/26/2009)	RECAP
40	Feb. 26, 2009	DECLARATION of Karen R. King in Support re: 38 MOTION in Limine with Respect to Defendant's Judicial Admissions.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(King, Karen) (Entered: 02/26/2009)	RECAP
41	Feb. 26, 2009	MOTION in Limine with Respect to the EEOC Determination Dated August 29, 2003. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum.(King, Karen) (Entered: 02/26/2009)	RECAP
42	Feb. 26, 2009	MEMORANDUM OF LAW in Support re: 41 MOTION in Limine with Respect to the EEOC Determination Dated August 29, 2003.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (King, Karen) (Entered: 02/26/2009)	RECAP
43	Feb. 26, 2009	DECLARATION of Karen R. King in Support re: 41 MOTION in Limine with Respect to the EEOC Determination Dated August 29, 2003.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(King, Karen) (Entered: 02/26/2009)	RECAP
44	Feb. 27, 2009	MOTION in Limine with Respect to Relevant Time Period. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum.(King, Karen) (Entered: 02/27/2009)	RECAP
45	Feb. 27, 2009	MEMORANDUM OF LAW in Support re: 44 MOTION in Limine with Respect to Relevant Time Period.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (King, Karen) (Entered: 02/27/2009)	RECAP
46	Feb. 27, 2009	DECLARATION of Karen R. King in Support re: 44 MOTION in Limine with Respect to Relevant Time Period.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(King, Karen) (Entered: 02/27/2009)	RECAP
47	March 4, 2009	MEMORANDUM OF LAW in Opposition re: 41 MOTION in Limine with Respect to the EEOC Determination Dated August 29, 2003.. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 03/04/2009)	RECAP
48	March 4, 2009	NOTICE OF APPEARANCE by Susanna Michele Buergel on behalf of Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum (Buergel, Susanna) (Entered: 03/04/2009)	RECAP
49	March 5, 2009	CROSS MOTION in Limine WITH RESPECT TO THE RELEVANT TIME PERIOD. Document filed by The Port Authority of New York and New Jersey.(Miller, Kathleen) (Entered: 03/05/2009)	RECAP
50	March 5, 2009	AFFIDAVIT of Bert Drakes in Support re: 49 CROSS MOTION in Limine WITH RESPECT TO THE RELEVANT TIME PERIOD.. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 03/05/2009)	RECAP
51	March 5, 2009	DECLARATION of Kathleen Gill Miller in Support re: 49 CROSS MOTION in Limine WITH RESPECT TO THE RELEVANT TIME PERIOD.. Document filed by The Port Authority of New York and New Jersey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Miller, Kathleen) (Entered: 03/05/2009)	RECAP
52	March 5, 2009	MEMORANDUM OF LAW in Support re: 49 CROSS MOTION in Limine WITH RESPECT TO THE RELEVANT TIME PERIOD.. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 03/05/2009)	RECAP
53	March 5, 2009	MEMORANDUM OPINION AND ORDER #97177: For the reasons set forth in this order, plaintiffs motion is denied. (Signed by Judge Miriam Goldman Cedarbaum on 3/4/09) (mme) Modified on 3/6/2009 (mro). (Entered: 03/06/2009)	RECAP
54	March 9, 2009	REPLY MEMORANDUM OF LAW in Support re: 44 MOTION in Limine with Respect to Relevant Time Period.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (King, Karen) (Entered: 03/09/2009)	RECAP
55	March 9, 2009	PROPOSED VOIR DIRE QUESTIONS. Document filed by The Port Authority of New York and New Jersey.(Miller, Kathleen) (Entered: 03/09/2009)	RECAP
56	March 9, 2009	MOTION in Limine To Exlude The Testimony Of Dr. Kathleen Lundquist. Document filed by The Port Authority of New York and New Jersey.(Miller, Kathleen) (Entered: 03/09/2009)	RECAP
57	March 9, 2009	DECLARATION of Kathleen Gill Miller in Support re: 56 MOTION in Limine To Exlude The Testimony Of Dr. Kathleen Lundquist.. Document filed by The Port Authority of New York and New Jersey. (Attachments: # 1 Exhibit A - part 1, # 2 Exhibit A - part 2)(Miller, Kathleen) (Entered: 03/09/2009)	RECAP
58	March 9, 2009	MEMORANDUM OF LAW in Support re: 56 MOTION in Limine To Exlude The Testimony Of Dr. Kathleen Lundquist.. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 03/09/2009)	RECAP
59	March 9, 2009	REPLY MEMORANDUM OF LAW in Support re: 41 MOTION in Limine with Respect to the EEOC Determination Dated August 29, 2003.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (King, Karen) (Entered: 03/09/2009)	RECAP
60	March 9, 2009	DECLARATION of Karen R. King in Support re: 41 MOTION in Limine with Respect to the EEOC Determination Dated August 29, 2003.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (King, Karen) (Entered: 03/09/2009)	RECAP
61	March 10, 2009	REPLY MEMORANDUM OF LAW in Opposition re: 56 MOTION in Limine To Exlude The Testimony Of Dr. Kathleen Lundquist.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng. (King, Karen) (Entered: 03/10/2009)	RECAP
62	March 10, 2009	DECLARATION of Jane O'Brien in Opposition re: 56 MOTION in Limine To Exlude The Testimony Of Dr. Kathleen Lundquist.. Document filed by Alan Lew, Howard Chin, David Lim, George Martinez, Stanley Chin, Milton Fong, The Port Authority Police Asian Jade Society of New York & New Jersey Inc., Richard Wong, Sanrit Booncome, Michael Chung, Christian Eng, Nicholas Yum. (Attachments: # 1 Exhibit 1, # 2 Errata 2)(King, Karen) (Entered: 03/10/2009)	RECAP
	March 11, 2009	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Jury Trial begun on 3/11/2009. (tro)
	March 11, 2009	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Jury Trial adjourned to 3/24/2009 at 10:00 AM before Judge Miriam Goldman Cedarbaum. (tro)
63	March 12, 2009	ORDER It is hereby ordered that Karen R. King, lead attorney for the Plaintiffs, and Kathleen G. Miller, lead attorney for the Defendant, shall be permitted to bring a Blackberry (or cell phone) into the courthouse from March 11, 2009 to March 24, 2009. (Signed by Judge Miriam Goldman Cedarbaum on 3/12/09) (mme) Modified on 4/1/2009 (mme). (Entered: 03/13/2009)	RECAP
66	March 12, 2009	TRANSCRIPT of proceedings held on 2/10/09 before Judge Miriam Goldman Cedarbaum. (ja) (Entered: 03/20/2009)	RECAP
67	March 12, 2009	TRANSCRIPT of proceedings held on 3/04/09 before Judge Miriam Goldman Cedarbaum. (ama) (Entered: 03/21/2009)	RECAP
	March 12, 2009	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Jury Trial held on 3/12/2009. (tro)
	March 13, 2009	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Jury Trial held on 3/13/2009. (tro)
64	March 16, 2009	PROPOSED JURY INSTRUCTIONS. Document filed by The Port Authority of New York and New Jersey.(Miller, Kathleen) (Entered: 03/16/2009)	RECAP
65	March 16, 2009	NOTICE of Defendants's Proposed Jury's Verdict sheet. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 03/16/2009)	RECAP
	March 16, 2009	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Jury Trial held on 3/16/2009. (tro)
	March 17, 2009	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Jury Trial held on 3/17/2009. (tro)
	March 18, 2009	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Jury Trial held on 3/18/2009. (tro)
	March 19, 2009	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Jury Trial held on 3/19/2009. (tro)
	March 20, 2009	Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Jury Trial held on 3/20/2009. (tro)
68	March 24, 2009	MEMORANDUM OF LAW in Opposition TO PLAINTIFFS MOTION TO AMEND THE JURY CHARGES. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 03/24/2009)	RECAP
69	March 31, 2009	ENDORSED LETTER addressed to Judge Miriam Goldman Cedarbaum from Kathleen Gill Miller dated 3/27/2009 re: Requesting that the Port Authority be given an additional two weeks beyond the 10 days provided in Rule59 (b). ENDORSEMENT: Request granted. Submission due no later than April 23, 2009. So ordered. (Signed by Judge Miriam Goldman Cedarbaum on 3/31/2009) (jpo) (Entered: 04/01/2009)	RECAP
70	April 15, 2009	TRANSCRIPT of proceedings held on March 18, 19, 20, 23, 24, 25, 2009 before Judge Miriam Goldman Cedarbaum. (mro) (Entered: 04/15/2009)	RECAP
71	April 15, 2009	TRANSCRIPT of proceedings held on 3/11/09, 3/12/09, 3/13/09, 3/16/09, 3/17/09 before Judge Miriam Goldman Cedarbaum. (tro) (Entered: 04/20/2009)	RECAP
72	April 23, 2009	MOTION to Set Aside Verdict or Granting A New Trial. Document filed by The Port Authority of New York and New Jersey.(Miller, Kathleen) (Entered: 04/23/2009)	RECAP
73	April 23, 2009	DECLARATION of Kathleen Gill Miller in Support re: 72 MOTION to Set Aside Verdict or Granting A New Trial.. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 04/23/2009)	RECAP
74	April 23, 2009	MEMORANDUM OF LAW in Support re: 72 MOTION to Set Aside Verdict or Granting A New Trial.. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 04/23/2009)	RECAP
75	April 24, 2009	AMENDED MOTION to Set Aside Verdict or Granting New Trial. Document filed by The Port Authority of New York and New Jersey.(Miller, Kathleen) (Entered: 04/24/2009)	RECAP
76	April 24, 2009	DECLARATION of Kathleen Gill Miller in Support re: 75 AMENDED MOTION to Set Aside Verdict or Granting New Trial.. Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 04/24/2009)	RECAP

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Case Details

State / Territory:

New York

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2005

Closing Date: 2015

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Fraternal organization of police officers of Asian or Pacific Islander descent brought action on behalf of certain members who were denied promotions because of their race.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Asian American Legal Defense & Educ. Fund (AALDEF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

The Port Authority of New York and New Jersey

Defendant Type(s):

Law-enforcement

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Southern District of New York 1:05-cv-03835

U.S. Court of Appeals for the Second Circuit 10-01904

U.S. Court of Appeals for the Second Circuit 10-02031

U.S. Court of Appeals for the Second Circuit 09-04600

Supreme Court of the United States 12-769

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Litigation

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Impact

Disparate Treatment

Promotion

Discrimination Basis:

Race discrimination

Affected Race(s):

Asian/Pacific Islander

Recommended Citation

Case Summary of The Port Authority Police Asian Jade Society of New York & New Jersey v. Port Authority of New York, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/13000/ (last updated 12/30/2013).