Case: United States v. City of Austin

1:14-cv-00533 | U.S. District Court for the Western District of Texas

Filed Date: June 9, 2014

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On June 9, 2014, the United States Department of Justice filed a complaint in the Western District of Texas on behalf of African-American and Hispanic applicants to entry-level firefighter positions against the City of Austin. The plaintiff alleged that since at least 2011, the fire department's practice of requiring applicants to pass an examination in order to be considered for entry-level firefighter positions has had a disparate impact on the hiring of African-Americans and Hispanics, in vi…

On June 9, 2014, the United States Department of Justice filed a complaint in the Western District of Texas on behalf of African-American and Hispanic applicants to entry-level firefighter positions against the City of Austin. The plaintiff alleged that since at least 2011, the fire department's practice of requiring applicants to pass an examination in order to be considered for entry-level firefighter positions has had a disparate impact on the hiring of African-Americans and Hispanics, in violation of Title VII of the Civil Rights Act of 1964. They sought injunctive relief to stop the defendant's discriminatory hiring practices.

Specifically, they alleged that African-American and Hispanic applicants passed the 2012 test at a rate that was statistically significantly lower than white applicants, and that by only selecting the top 1500 candidates to move on to interview stage of the process, the City of Austin increased this disparity. The city also used the scores as a component of an applicant's ranking on the fire department hiring list, leading to African-American and Hispanic individuals being processed for hire at a significantly lower rate than white individuals. They also alleged that a similar testing and ranking process used in 2013 will have a similar disparate impact, that these tests are not essential to the duties of firefighting, and that there are alternative means for screening candidates that would not have a discriminatory impact.

On the same day, the U.S. and the City of Austin offered a joint settlement agreement pending a fairness hearing before the court. The agreement provided that:

1) the city will develop a new nondiscriminatory test for screening applicants but that the city can use parts of its previous tests for filling up to 90 open positions immediately;

2) the city will provide back pay to African-American and Hispanic applicants from 2012 who claim to have passed the work-related parts of the test but not the unrelated parts;

3) the city will make 30 priority appointments of Hispanics and African-Americans (the shortfall of diversity candidates in 2012 due to the discriminatory hiring practices), with retroactive seniority dates; and

4) there will be a fairness hearing to rule on the legality and equitability of the agreement, with any objections from interested parties such as the firefighters' union and those who may claim back pay. The parties also proposed a second fairness hearing for the court to approve or modify any individual relief awards. As proposed, the court will enforce the decree for four years, until the city's back-pay obligations are satisfied, or until the implementation of a new, nondiscriminatory testing procedure; whichever comes later but no more than eight years.

On June 11, 2014, District Judge Lee Yeakel granted the motion for provisional approval of the consent decree and scheduled a fairness hearing on the consent decree.

The Austin Firefighters Association (AFA) filed a motion to intervene in the case but on September 15, 2014, Judge Yeakel denied their motion because at the time of the suit the AFA did not have a current collective bargaining agreement with the city. Furthermore, the AFA failed to show that they had an interest that could not be satisfied by other means, such as collective bargaining and the objection process within the settlement agreement.

On October 18, 2014, Judge Yeakel denied the AFA's motion to reconsider their motion to intervene, at which point the AFA appealed to the Fifth Circuit (docket # 14-51132). In a per curiam opinion, the Fifth Circuit denied the AFA's motions to stay the proceedings in the lower court, and to expedite their appeal.

On October 29, 2014, the first of the fairness hearings was held before Judge Yeakel. On November 7, 2014, Judge Yeakel approved the consent decree. In response to objections, the Court found no basis to conclude that the priority hire and retroactive seniority provisions of the Decree would compromise public safety, or stigmatize or provide an unearned windfall to individuals hired through the priority hire process. Rather, the Court found that those provisions achieved an appropriate balance between providing effective remedial relief under Title VII, and protecting the legitimate interests of the City and its existing firefighters. The parties agreed to pay their own costs of litigation. Following a fairness hearing, Judge Yeakel approved the individual relief of backpay on August 21, 2015.

The consent decree expired on November 7, 2018. The parties had complied with all of the terms of the agreement.

Summary Authors

Benjamin St. Pierre (11/2/2014)

Eva Richardson (12/24/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401241/parties/united-states-v-city-of-austin/


Judge(s)
Attorney for Plaintiff

Abernathy, Terri J (Texas)

Altman, Stephen D (Texas)

Armijo, Rumaldo R (Texas)

AUSA, Jesse M (Texas)

Attorney for Defendant

Ashe, R. Lawrence Jr. (Georgia)

Expert/Monitor/Master/Other
Attorney for Plaintiff

Abernathy, Terri J (Texas)

Altman, Stephen D (Texas)

Armijo, Rumaldo R (Texas)

AUSA, Jesse M (Texas)

Babu, Kavitha J (Texas)

Baka, Gregory (Texas)

Barr, Russell D. (Texas)

Barrett, David K (Texas)

Bartlett, Anastasia D. (Texas)

Beck, Matthew (Texas)

Blake, Trevor St. George (District of Columbia)

Bloom, Shayna (District of Columbia)

Brancart, Elizabeth Noonan (Texas)

Brancart, Christopher (Texas)

Branda, Joyce R (Texas)

Brandon, Susan S. (Texas)

Burke, Matthew (Texas)

Burrell, Meredith (District of Columbia)

Camacho, Renee L (Texas)

Carman, Sean Kevin (Texas)

Carter, Lynn E. (Texas)

Chanoine, Hannah W (Texas)

Clark, Sara Wilder (Texas)

Clayton, Lindsay Laurie (Texas)

Cohen, Richard Edward (Texas)

Coploff, Theodore Reid (Texas)

Coppola, Christopher J. (Texas)

Corcoran, Thomas F (Texas)

Dobson, Casey L. (Texas)

Drake, Daniel R (Texas)

Durham, Jessie Huff (Texas)

Dworkin, Howard Sheldon (Texas)

Edwards, Christine G. (Texas)

Eichenholtz, Seth D. (Texas)

Elkin, Molly A. (Texas)

Epperley, Linda A. (Texas)

Farhadi, Meitra (Texas)

Fisher, Douglas M. (Texas)

Franze-Nakamura, Francis (Texas)

Gale, Alan S (Texas)

Gallagher, Mark A. (Texas)

Given, Emily (Texas)

Goldberg, Arthur R (Texas)

Guthrie, Robert Gay (Texas)

Harrington, Quinn Patrick (Texas)

Harris, Robin E. (Texas)

Hawkins, Frederick A. (Texas)

Hendry, Melanie Dyani (Texas)

Hertz, Michael F (Texas)

Horwitz, Matthew Joseph (Texas)

Houten, Kathryn E (Texas)

Hurtado, Samuel A. (Texas)

Iannarone, Liberatore Joseph (Texas)

Jackson, Toni Michelle (District of Columbia)

Johnson, Kristin Berger (Texas)

Jordan, Aaron O (Texas)

Kaminski, Gerald Francis (Texas)

Kawakami, Kent A (Texas)

Keegan, Ruth Fuess (Texas)

Kennebrew, Delora L. (District of Columbia)

Kern, Charles Douglas (Texas)

Kinner, Russell B (Texas)

Kipnis, Brian C (Texas)

Kneeland, Mishell B. (Texas)

Kotz, Stephen R. (Texas)

Laird, Henry Gray (Texas)

Lawrence, Kathleen O'Malley (Texas)

Lee, John E (Texas)

Leiderman, Joel David (Texas)

Levingston, Luttrell (Texas)

Lloyd, Andralee Cain (Texas)

London, Alice (Texas)

Lucero, Manuel (Texas)

Mark, Carolyn G (Texas)

McElvain, Joel (Texas)

McEvoy, Lauren Mary (Texas)

McFadden, Lane M. (Texas)

Messec, Paige (Texas)

Murphy, Michael D (Texas)

Murray, Jeffrey (Texas)

Mysliwiec, Paul (Texas)

Nathanson, John Alexander (Texas)

Nobile, Diana J. (Texas)

O'Brien, Thomas Peter (Texas)

Office, United States (Texas)

Ong, Marisa A (Texas)

Perez, Alfred Juarez (Texas)

Phillips, Heather (Texas)

Phoenix, Candyce Danielle (District of Columbia)

Ploeger, Don V (Texas)

Polin, Steven G (Texas)

Powell, Kelly (Texas)

Richards, Clark Willis (Texas)

Richards, Daniel R. (Texas)

Riley, Meghan L. (Texas)

Roberts, Darwin P (Texas)

Rose, Andrea Dawn (Texas)

Sacks, Sonya Lagene (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Sanders, Robin Elizabeth (Texas)

Schwab, Mikel W. (Texas)

Seff, Daniel A. (Texas)

Sharinn, Harvey (Texas)

Siegel, Michael John (Texas)

Singh, Shelly (Texas)

Stanford, Jon K (Texas)

Strong, James C. (Texas)

Tait, Monica E (Texas)

Taylor, Brock (Texas)

Tingle, Michal (Texas)

Tynan, Matthew William (Texas)

Waldorf, James J (Texas)

Wiethe, Donetta Donaldson (Texas)

Wilder, Tanya E. (Texas)

Wogaman, Paul J (Texas)

Woods, Thomas M (Texas)

Woods, James C. (Texas)

Zimmerman, Erika M. (Texas)

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Documents in the Clearinghouse

Document

1:14-cv-00533

Docket [PACER]

United States of America v. City of Austin

Nov. 1, 2018

Nov. 1, 2018

Docket
5

1:14-cv-00533

Memorandum of Law in Support of Plaintiff United States' and Defendant City of Austin's Joint motion for Provisional Entry of Consent Decree and Scheduling of Fairness Hearing

Unites States v. City of Austin

June 9, 2014

June 9, 2014

Pleading / Motion / Brief
1

1:14-cv-00533

Complaint

US v. City of Austin

June 9, 2014

June 9, 2014

Complaint
38

1:14-cv-00533

Order Denying Intervenor's Motion to Intervene

US v. City of Austin

Sept. 15, 2014

Sept. 15, 2014

Order/Opinion
63

1:14-cv-00533

Findings of Fact, Conclusions of Law, and Final Order Approving Consent Decree

Nov. 7, 2014

Nov. 7, 2014

Order/Opinion
64

1:14-cv-00533

Consent Decree

United States of America v. City of Austin

Nov. 7, 2014

Nov. 7, 2014

Settlement Agreement
70

1:14-cv-00533

Appeal of Final Judgment

Dec. 1, 2014

Dec. 1, 2014

Notice of Investigation or Suit/Demand Letter
83

1:14-cv-00533

Joint motion [with proposed intervenors]

United States v City of Austin

June 5, 2015

June 5, 2015

Pleading / Motion / Brief
84

1:14-cv-00533

Order [granting supplemental relief]

United States v City of Austin

June 5, 2015

June 5, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401241/united-states-v-city-of-austin/

Last updated Jan. 10, 2026, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Filing fee $ 400.), filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Burrell, Meredith) (Entered: 06/09/2014)

1 Civil Cover Sheet

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June 9, 2014

June 9, 2014

RECAP
2

REQUEST FOR ISSUANCE OF SUMMONS by United States of America. (Burrell, Meredith) (Main Document 2 replaced on 10/15/2014) (klw). (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

3

Joint MOTION for Leave to Exceed Page Limitation Regarding Memorandum in Support of Joint Motion for Provisional Entry of Consent Decree by United States of America. (Attachments: # 1 Proposed Order, # 2 Exhibit Joint Motion for Provisional Entry of Consent Decree, # 3 Exhibit Memorandum in Support of Motion for Provisional Entry of Consent Decree, # 4 Exhibit 1 to the Memorandum in Support of Provisional Entry of the Consent Decree, # 5 Exhibit 2 to the Memorandum in Support of Provisional Entry of the Consent Decree, # 6 Exhibit 3 to the Memorandum in Support of Provisional Entry of the Consent Decree, # 7 Exhibit 4 to the Memorandum in Support of Provisional Entry of the Consent Decree, # 8 Exhibit 5 to the Memorandum in Support of Provisional Entry of the Consent Decree, # 9 Exhibit Proposed Order Granting Motion for Provisional Entry of the Consent Decree)(Burrell, Meredith) (Entered: 06/09/2014)

1 Proposed Order

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2 Exhibit Joint Motion for Provisional Entry of Consent Decree

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3 Exhibit Memorandum in Support of Motion for Provisional Entry of Consent Decree

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4 Exhibit 1 to the Memorandum in Support of Provisional Entry of the Consent Decre

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5 Exhibit 2 to the Memorandum in Support of Provisional Entry of the Consent Decre

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6 Exhibit 3 to the Memorandum in Support of Provisional Entry of the Consent Decre

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7 Exhibit 4 to the Memorandum in Support of Provisional Entry of the Consent Decre

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8 Exhibit 5 to the Memorandum in Support of Provisional Entry of the Consent Decre

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9 Exhibit Proposed Order Granting Motion for Provisional Entry of the Consent Decr

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June 9, 2014

June 9, 2014

4

JOINT MOTION for Provisional Entry of the Consent Decree and Scheduling of the Fairness Hearing on The Consent Decree by United States of America, City of Austin. (Attachments: # 1 Proposed Order)(td). Added MOTION for Hearing on 6/10/2014 (td). (Entered: 06/10/2014)

1 Proposed Order

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June 9, 2014

June 9, 2014

5

Memorandum in Support, filed by City of Austin, United States of America, re 4 MOTION for Provisional Entry of the Consent Decree and Scheduling of the Fairness Hearing on The Consent Decree filed by Defendant City of Austin, Plaintiff United States of America (Attachments: #(1) Exhibit 1 to the Memorandum in Support of Provisional Entry of the Consent Decree, #(2) Exhibit 2 to the Memorandum in Support of Provisional Entry of the Consent Decree, #(3) Exhibit 3 to the Memorandum in Support of Provisional Entry of the Consent Decree, #(4) Exhibit 4 to the Memorandum in Support of Provisional Entry of the Consent Decree, #(5) Exhibit 5 to the Memorandum in Support of Provisional Entry of the Consent Decree)(td) (Entered: 06/10/2014)

1 Exhibit 1 to the Memorandum in Support of Provisional Entry of the Consent Decre

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2 Exhibit 2 to the Memorandum in Support of Provisional Entry of the Consent Decre

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3 Exhibit 3 to the Memorandum in Support of Provisional Entry of the Consent Decre

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4 Exhibit 4 to the Memorandum in Support of Provisional Entry of the Consent Decre

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5 Exhibit 5 to the Memorandum in Support of Provisional Entry of the Consent Decre

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June 9, 2014

June 9, 2014

6

Summons Issued as to City of Austin. (td) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

7

Letter/Correspondence to R. Lawrence Ashe, Jr. & Paul R. Barsnass re: non-admission status. (td) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

8

ORDER GRANTING 3 Motion for Leave to Exceed Page Limits. Signed by Judge Lee Yeakel. (kkc) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

9

ORDER GRANTING 4 Motion for Provisional Entry of the Consent Decree and Scheduling of the Fairness Hearing on The Consent Decree (Fairness Hearing set for 7/8/2014 at 9:30 AM before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (kkc) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

10

MOTION to Appear Pro Hac Vice by Bernard Lee Crawford, Jr for R. Lawrence Ashe, Jr. ( Filing fee $ 100 receipt number 0542-6572518) by on behalf of City of Austin. (Attachments: # 1 Proposed Order on Motion for Admission Pro Hac Vice of R. Lawrence Ashe, Jr.)(Crawford, Bernard) (Entered: 06/12/2014)

1 Proposed Order on Motion for Admission Pro Hac Vice of R. Lawrence Ashe, Jr.

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June 12, 2014

June 12, 2014

11

MOTION to Appear Pro Hac Vice by Bernard Lee Crawford, Jr for Paul R. Barsness ( Filing fee $ 100 receipt number 0542-6573167) by on behalf of City of Austin. (Attachments: # 1 Proposed Order on Motion for Admission Pro Hac Vice of Paul R. Barsness)(Crawford, Bernard) (Entered: 06/12/2014)

1 Proposed Order on Motion for Admission Pro Hac Vice of Paul R. Barsness

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June 12, 2014

June 12, 2014

12

NOTICE of Non-Opposition by United States of America re 10 MOTION to Appear Pro Hac Vice by Bernard Lee Crawford, Jr for R. Lawrence Ashe, Jr. ( Filing fee $ 100 receipt number 0542-6572518), 11 MOTION to Appear Pro Hac Vice by Bernard Lee Crawford, Jr for Paul R. Barsness ( Filing fee $ 100 receipt number 0542-6573167) (Bloom, Shayna) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

13

ORDER (Fairness Hearing on the Consent Decree reset for 10/29/2014 at 9:30 AM before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (kkc) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

14

ORDER GRANTING 10 Motion for R. Lawrence Ashe, Jr. to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

15

ORDER GRANTING 11 Motion for Paul R. Barsness to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

16

MOTION to Join Intervene by International Association of Fire Fighters, Local 975, Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Proposed Order)(Terrazas, Kevin) (Entered: 06/13/2014)

1 Exhibit A

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Proposed Order

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June 13, 2014

June 13, 2014

17

APPENDIX to 16 MOTION to Join Intervene by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. (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)(Terrazas, Kevin) (Entered: 06/13/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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June 13, 2014

June 13, 2014

18

RULE 7 DISCLOSURE STATEMENT filed by International Association of Fire Fighters, Local 975. (Terrazas, Kevin) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

19

Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Join Intervene by City of Austin. (Attachments: # 1 Proposed Order Granting Unopposed Motion for Extension of Time to Respond to Motion to Intervene)(Crawford, Bernard) (Entered: 06/17/2014)

1 Proposed Order Granting Unopposed Motion for Extension of Time to Respond to Mot

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June 17, 2014

June 17, 2014

20

SUMMONS Returned Executed by United States of America. City of Austin served on 6/17/2014, answer due 7/8/2014. (Bloom, Shayna) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

21

ORDER GRANTING Defendant's Unopposed 19 Motion for Extension of Time to File Response to 16 Motion to Intervene. Deadline is now 06/27/14. Signed by Judge Lee Yeakel. (klw) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

22

Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Join Intervene by United States of America. (Attachments: # 1 Proposed Order)(Bloom, Shayna) (Entered: 06/19/2014)

1 Proposed Order

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June 19, 2014

June 19, 2014

23

ORDER GRANTING Plaintiff's Unopposed 22 Motion for Extension of Time to File Response to 16 Motion to Intervene. Signed by Judge Lee Yeakel. (klw) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

24

Memorandum in Opposition to Motion, filed by United States of America, re 16 MOTION to Join Intervene filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Attachments: # 1 Proposed Order)(Blake, Trevor) (Entered: 06/24/2014)

1 Proposed Order

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June 24, 2014

June 24, 2014

25

Unopposed MOTION for Extension of Time to File Response/Reply as to 24 Memorandum in Opposition to Motion,, by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. (Attachments: # 1 Proposed Order)(Terrazas, Kevin) (Entered: 06/25/2014)

1 Proposed Order

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June 25, 2014

June 25, 2014

26

ORDER GRANTING Intervenors' Unopposed 25 Motion for Extension of Time to File Reply to the Response to the 16 Motion to Intervene. Signed by Judge Lee Yeakel. (klw) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

27

Response in Opposition to Motion, filed by City of Austin, re 16 MOTION to Join Intervene filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Barsness, Paul) (Entered: 06/27/2014)

1 Exhibit A

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2 Exhibit B

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June 27, 2014

June 27, 2014

28

DEFICIENCY NOTICE to Paul R. Barsness: re 27 Response in Opposition to Motion. Pursuant to the Administrative Policies and Procedures, Proposed Orders are Required when a Response to a Motion is filed. DO NOT RE-FILE the entire document. Please, file ONLY the Proposed Order. Use the "ATTACHMENT" event from the menu and LINK the Proposed Order to your Response. In the Docket Text, type "(Proposed Order)". (klw) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

29

ATTACHMENT Proposed Order to 27 Response in Opposition to Motion,, by City of Austin. (Barsness, Paul) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

30

ANSWER to 1 Complaint by City of Austin.(Barsness, Paul) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

31

REPLY to Response to Motion, filed by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart, re 16 MOTION to Join Intervene filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Terrazas, Kevin) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

32

MOTION for Leave to File Sur-reply Opposing Motion to Intervene by City of Austin. (Attachments: # 1 Proposed Order, # 2 Exhibit Sur-reply Opposing Motion to Intervene)(Barsness, Paul) (Entered: 07/18/2014)

1 Proposed Order

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2 Exhibit Sur-reply Opposing Motion to Intervene

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July 18, 2014

July 18, 2014

33

MOTION for Leave to File Surreply Regarding Motion to Intervene by United States of America. (Attachments: # 1 Proposed Filing, # 2 Proposed Order)(Blake, Trevor) (Entered: 07/18/2014)

1 Proposed Filing

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2 Proposed Order

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July 18, 2014

July 18, 2014

34

Response in Opposition to Motion, filed by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart, re 33 MOTION for Leave to File Surreply Regarding Motion to Intervene filed by Plaintiff United States of America, 32 MOTION for Leave to File Sur-reply Opposing Motion to Intervene filed by Defendant City of Austin (Attachments: # 1 Proposed Order)(Terrazas, Kevin) (Entered: 07/21/2014)

1 Proposed Order

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July 21, 2014

July 21, 2014

35

ORDER GRANTING 32 Motion for Leave to File SurReply; GRANTING 33 Motion for Leave to File SurReply. The parties are warned that the court will not consider any further surreplies regarding the motion to intervene. Signed by Judge Lee Yeakel. (kkc) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

36

SURREPLY in Opposition to Motion, filed by United States of America, re: 16 MOTION to Join Intervene filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson. (kkc) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

37

SUR-REPLY in Opposition to Motion, filed by City of Austin, re: 16 MOTION to Join Intervene filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson. (kkc) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

38

ORDER DENYING Intervenors' 16 Motion to Intervene. Signed by Judge Lee Yeakel. (klw) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

39

Opposed MOTION for Reconsideration re 38 Order on Motion to Join by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order Motion, # 6 Proposed Order Expedited Consideration)(Terrazas, Kevin) (Entered: 09/17/2014)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Proposed Order Motion

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6 Proposed Order Expedited Consideration

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Sept. 17, 2014

Sept. 17, 2014

40

RESPONSE to Motion, filed by City of Austin, re 39 Opposed MOTION for Reconsideration re 38 Order on Motion to Join filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Ashe, R.) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

41

Memorandum in Opposition to Motion, filed by United States of America, re 39 Opposed MOTION for Reconsideration re 38 Order on Motion to Join filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Attachments: # 1 Proposed Order)(Blake, Trevor) (Entered: 09/19/2014)

1 Proposed Order

View on PACER

Sept. 19, 2014

Sept. 19, 2014

42

ATTACHMENT Proposed Order to 40 Response to Motion,, by City of Austin. (Ashe, R.) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

43

REPLY to Response to Motion, filed by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart, re 39 Opposed MOTION for Reconsideration re 38 Order on Motion to Join filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Terrazas, Kevin) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

44

ORDER DENYING 39 Motion for Reconsideration re 38 Order on Motion to Join. Signed by Judge Lee Yeakel. (klw) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

45

Appeal of Order entered by District Judge 44, 38 by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. ( Filing fee $ 505 receipt number 0542-6886152) (Terrazas, Kevin) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

46

Joint MOTION for Final Approval of the Consent Decree by United States of America. (Attachments: # 1 Proposed Order)(Bloom, Shayna) (Entered: 10/17/2014)

1 Proposed Order

View on PACER

Oct. 17, 2014

Oct. 17, 2014

47

Memorandum in Support, filed by United States of America, re 46 Joint MOTION for Final Approval of the Consent Decree filed by Plaintiff United States of America (Attachments: # 1 Appendix A - Keough Declaration, # 2 Appendix B - E-Mailed Notice, # 3 Appendix C - U.S. Mail Notice, # 4 Appendix D - Newspaper Notice, # 5 Appendix E - Crawford Declaration, # 6 Appendix F - Objections Received By Category, # 7 Appendix G - Attending Objectors, # 8 Appendix H - Siskin Supplemental Declaration, # 9 Appendix I - Siskin CV, # 10 Appendix J - Jones Supplemental Declaration, # 11 Appendix K - Paulsen Declaration)(Bloom, Shayna) (Entered: 10/17/2014)

1 Appendix A - Keough Declaration

View on PACER

2 Appendix B - E-Mailed Notice

View on PACER

3 Appendix C - U.S. Mail Notice

View on PACER

4 Appendix D - Newspaper Notice

View on PACER

5 Appendix E - Crawford Declaration

View on PACER

6 Appendix F - Objections Received By Category

View on PACER

7 Appendix G - Attending Objectors

View on PACER

8 Appendix H - Siskin Supplemental Declaration

View on PACER

9 Appendix I - Siskin CV

View on PACER

10 Appendix J - Jones Supplemental Declaration

View on PACER

11 Appendix K - Paulsen Declaration

View on PACER

Oct. 17, 2014

Oct. 17, 2014

48

APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

49

APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

50

APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

51

APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

52

APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

53

APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

54

APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

55

APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

56

APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

57

APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

58

ORDER of USCA re Notice of Appeal - Interlocutory: IT IS ORDERED that appellant's motion for stay pending appeal is DENIED. IT IS FURTHER ORDERED that appellant's motion to expedite the appeal is DENIED. (klw) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

59

Minute Entry for proceedings held before Judge Lee Yeakel: Fairness Hearing held on 10/29/2014. Objector (Movant's) Demonstrative Exhibits filed. Joint Proposed Consent Decree due 10/29/14 at 5 p.m.; Joint proposed Finding of Facts due 11/05/14; Written Order to follow. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

60

Movant's Exhibit List for 59 Fairness Hearing.(klw) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

61

Objector's RESPONSE to 47 Joint Memorandum in Support of Final Approval of Consent Decree and Responses to Objections. (klw) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

62

(Joint) Proposed Findings of Fact, Conclusions of Law, and Final Order approving Consent Decree re: 46 Joint Motion for Final Approval of the Consent Decree by City of Austin. (Crawford, Bernard) Modified on 11/5/2014 to create link to underlying motion (klw). (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

63

FINDINGS OF FACT, CONCLUSIONS OF LAW and FINAL ORDER APPROVING CONSENT DECREE. Signed by Judge Lee Yeakel. (klw) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

64

CONSENT DECREE. Signed by Judge Lee Yeakel. (Attachments: # 1 Appendix A-H)(klw) (Entered: 11/07/2014)

1 Appendix A-H

View on PACER

Nov. 7, 2014

Nov. 7, 2014

RECAP
65

MOTION to Stay Case and Request for Expedited Determination by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. (Attachments: # 1 Proposed Order)(Terrazas, Kevin) (Entered: 11/12/2014)

1 Proposed Order

View on PACER

Nov. 12, 2014

Nov. 12, 2014

66

NOTICE of Attorney Appearance by Toni Michelle Jackson on behalf of United States of America. Attorney Toni Michelle Jackson added to party United States of America(pty:pla) (Jackson, Toni) (Main Document 66 replaced on 11/14/2014) (klw). (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

67

Response in Opposition to Motion, filed by United States of America, re 65 MOTION to Stay Case and Request for Expedited Determination filed by Movant Matthew Rettig, Movant Steven Herrera, Movant Caroline Bull, Movant Andrew Blair, Movant Meagan Stewart, Movant Andres Arreola, Movant William Kana, Movant John Edmiston, Movant Matthew Martin, Movant International Association of Fire Fighters, Local 975, Movant Daniel Hatcherson (Attachments: # 1 Proposed Order)(Jackson, Toni) (Entered: 11/14/2014)

1 Proposed Order

View on PACER

Nov. 14, 2014

Nov. 14, 2014

68

ORDER DENYING Movants' 65 Motion to Stay Consent Decree and Request Expedited Dertermination. Signed by Judge Lee Yeakel. (klw) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

69

Transcript filed of Proceedings held on October 29, 2014, Proceedings Transcribed: Fairness Hearing. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 12/16/2014, Redacted Transcript Deadline set for 12/26/2014, Release of Transcript Restriction set for 2/23/2015, Appeal Record due by 12/10/2014, (Rodriguez, Arlinda) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

70

Appeal of Final Judgment 63, 68, 64 by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. ( Filing fee $ 505 receipt number 0542-7019200) (Terrazas, Kevin) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

76

Extension of Time to File Document

May 5, 2015

May 5, 2015

77

Order on Motion for Extension of Time to File

May 7, 2015

May 7, 2015

78

Miscellaneous Relief

May 13, 2015

May 13, 2015

79

Motion for Leave to File Sealed Document

May 13, 2015

May 13, 2015

80

Order on Motion for Miscellaneous Relief

May 14, 2015

May 14, 2015

81

Order on Motion for Leave to File Sealed Document

May 14, 2015

May 14, 2015

Set/Reset Hearings

May 14, 2015

May 14, 2015

82

USCA Judgment/Mandate

May 22, 2015

May 22, 2015

83

Miscellaneous Relief

June 5, 2015

June 5, 2015

84

Order on Motion for Miscellaneous Relief

June 5, 2015

June 5, 2015

85

Notice of Filing

July 31, 2015

July 31, 2015

86

Motion for Leave to File Sealed Document

July 31, 2015

July 31, 2015

87

Order on Motion for Leave to File Sealed Document

Aug. 3, 2015

Aug. 3, 2015

88

Motion for Leave to File Sealed Document

Aug. 11, 2015

Aug. 11, 2015

89

Response

Aug. 11, 2015

Aug. 11, 2015

90

Response

Aug. 11, 2015

Aug. 11, 2015

91

Order on Motion for Leave to File Sealed Document

Aug. 13, 2015

Aug. 13, 2015

92

Withdraw as Attorney

Aug. 17, 2015

Aug. 17, 2015

93

Order on Motion to Withdraw as Attorney

Aug. 19, 2015

Aug. 19, 2015

94

Order

Aug. 24, 2015

Aug. 24, 2015

95

Miscellaneous Hearing

Aug. 27, 2015

Aug. 27, 2015

96

Transcript Filed

Sept. 2, 2015

Sept. 2, 2015

97

Miscellaneous Relief

Sept. 18, 2015

Sept. 18, 2015

98

Extension of Time to File Response/Reply

Sept. 22, 2015

Sept. 22, 2015

99

Order on Motion for Extension of Time to File Response/Reply

Sept. 23, 2015

Sept. 23, 2015

100

Memorandum in Opposition to Motion

Oct. 2, 2015

Oct. 2, 2015

101

Order on Motion for Miscellaneous Relief

Oct. 26, 2015

Oct. 26, 2015

102

Exhibit Letter

Jan. 6, 2016

Jan. 6, 2016

Exhibits Destroyed

Jan. 21, 2016

Jan. 21, 2016

103

Advisory to the Court

Nov. 1, 2018

Nov. 1, 2018

Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 9, 2014

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American and Hispanic applicants for entry-level firefighting positions

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Austin Fire Department (Austin), City

Defendant Type(s):

Fire

Case Details

Causes of Action:

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

Other Dockets:

Western District of Texas 1:14-cv-00533

U.S. Court of Appeals for the Fifth Circuit 14-51132

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Hire

Retroactive Seniority

Utilize objective hiring/promotion criteria

Amount Defendant Pays: $780,000

Order Duration: 2014 - 2018

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Impact

Hiring

Testing

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black