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 attrorneys, see: https://www.courtlistener.com/docket/4401241/parties/united-states-v-city-of-austin/


Judge(s)

Yeakel, Earl Leroy III (Texas)

Attorneys(s) for Plaintiff

Blake, Trevor St. George (District of Columbia)

Bloom, Shayna (District of Columbia)

Burrell, Meredith (District of Columbia)

Jackson, Toni Michelle (District of Columbia)

Kennebrew, Delora L. (District of Columbia)

Phoenix, Candyce Danielle (District of Columbia)

Sacks, Sonya Lagene (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Attorneys(s) for Defendant

Ashe, R. Lawrence Jr. (Georgia)

Judge(s)

Yeakel, Earl Leroy III (Texas)

Attorneys(s) for Plaintiff

Blake, Trevor St. George (District of Columbia)

Bloom, Shayna (District of Columbia)

Burrell, Meredith (District of Columbia)

Jackson, Toni Michelle (District of Columbia)

Kennebrew, Delora L. (District of Columbia)

Phoenix, Candyce Danielle (District of Columbia)

Sacks, Sonya Lagene (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Attorneys(s) for Defendant

Ashe, R. Lawrence Jr. (Georgia)

Barsness, Paul R (Georgia)

Crawford, Bernard Lee Jr. (Texas)

Kennard, Karen M (Texas)

Other Attorney(s)

Deats, B. Craig (Texas)

Janes, Sara E (Texas)

Terrazas, Kevin James (Texas)

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 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

Resources

Docket

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

Last updated Aug. 2, 2022, 3:15 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

View on PACER

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

PACER
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

View on PACER

2 Exhibit Joint Motion for Provisional Entry of Consent Decree

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

June 9, 2014

June 9, 2014

PACER
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

View on PACER

June 9, 2014

June 9, 2014

PACER
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

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

June 9, 2014

June 9, 2014

PACER
6

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

June 10, 2014

June 10, 2014

PACER
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

PACER
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

PACER
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

PACER
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.

View on PACER

June 12, 2014

June 12, 2014

PACER
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

View on PACER

June 12, 2014

June 12, 2014

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 8

View on PACER

10 Proposed Order

View on PACER

June 13, 2014

June 13, 2014

PACER
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

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

11 Exhibit 11

View on PACER

12 Exhibit 12

View on PACER

13 Exhibit 13

View on PACER

14 Exhibit 14

View on PACER

June 13, 2014

June 13, 2014

PACER
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

PACER
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

View on PACER

June 17, 2014

June 17, 2014

PACER
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

PACER
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

PACER
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

View on PACER

June 19, 2014

June 19, 2014

PACER
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

PACER
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

View on PACER

June 24, 2014

June 24, 2014

PACER
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

View on PACER

June 25, 2014

June 25, 2014

PACER
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

PACER
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

View on PACER

2 Exhibit B

View on PACER

June 27, 2014

June 27, 2014

PACER
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

PACER
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

PACER
30

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

July 3, 2014

July 3, 2014

PACER
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

PACER
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

View on PACER

2 Exhibit Sur-reply Opposing Motion to Intervene

View on PACER

July 18, 2014

July 18, 2014

PACER
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

View on PACER

2 Proposed Order

View on PACER

July 18, 2014

July 18, 2014

PACER
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

View on PACER

July 21, 2014

July 21, 2014

PACER
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

PACER
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

PACER
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

PACER
38

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

Sept. 15, 2014

Sept. 15, 2014

PACER
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

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Proposed Order Motion

View on PACER

6 Proposed Order Expedited Consideration

View on PACER

Sept. 17, 2014

Sept. 17, 2014

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
60

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

Oct. 29, 2014

Oct. 29, 2014

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
71

Letter from USCA received for Notice of Appeal re: supplement of the record. (klw) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

NOTICE of Certification of the Second Supplemental Electronic Record on Appeal as to Notice of Appeal − Interlocutory and 70 Notice of Appeal accepted by the USCA Fifth Circuit.(klw) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

72

MOTION to Withdraw as Attorney by United States of America. (Jackson, Toni) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

73

DEFICIENCY NOTICE to Toni Michelle Jackson: re 72 MOTION to Withdraw as Attorney. Proposed Orders are Required when a non−dispositive Motion (or Amended 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 Motion. In the Docket Text, type "(Proposed Order)". (klw) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

74

ATTACHMENT Proposed Order to 72 MOTION to Withdraw as Attorney by United States of America. (Jackson, Toni) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

75

ORDER GRANTING 72 Motion for Toni Michelle Jackson to Withdraw as Attorney. Signed by Judge Lee Yeakel. (klw) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

76

Unopposed MOTION for Extension of Time to File Consent Motion for Fairness Hearing on Individual Relief by United States of America. (Attachments: # 1 Proposed Order)(Bloom, Shayna) (Entered: 05/05/2015)

May 5, 2015

May 5, 2015

77

ORDER GRANTING Unopposed 76 Motion for Extension of Time to File Consent Motion for Fairness Hearing on Individual Relief. Plaintiff's motion is due on or before 05/13/15. Signed by Judge Lee Yeakel. (klw) (Entered: 05/07/2015)

May 7, 2015

May 7, 2015

78

Consent MOTION for a Fairness Hearing on Individual Relief by United States of America. (Attachments: # 1 Proposed Order)(Bloom, Shayna) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

79

Consent Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order, # 2 Sealed Document Preliminary Backpay Award List, # 3 Sealed Document Preliminary Priority Hire Candidate List) (Bloom, Shayna) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

80

ORDER GRANTING Plaintiff's 78 Motion for Fairness Hearing on Individual Relief. Hearing to be held on 08/21/15 at 9:30 a.m. Signed by Judge Lee Yeakel. (klw) (Entered: 05/14/2015)

May 14, 2015

May 14, 2015

81

ORDER GRANTING Plaintiff's 79 Motion for Leave to File the preliminary Backpay Relieft Awards List and Priority Hire Candidates List under seal. Documents are deemed filed and part of the record. Signed by Judge Lee Yeakel. (klw) (Entered: 05/14/2015)

May 14, 2015

May 14, 2015

82

Copy of USCA JUDGMENT/MANDATE Dismissing without Prejudice to the right of either party to reinstate the appeal by letter to the Clerk of this Court within 180 days from this date the Notice of Appeal − Interlocutory and 70 Notice of Appeal (E−Filed). Dismissal was granted with the intent of divesting the Court of Appeals of jurisdiction so that the District Court can exercise its jurisdiction in effectuating the settlement. Also, should the appeal be reinstated, the unions reply brief will be due 14 days from the date of reinstatement. (klw) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

83

Joint MOTION for Supplemental Relief by United States of America. (Attachments: # 1 Exhibit 1 (Fifth Circuit Order), # 2 Proposed Order)(Bloom, Shayna) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

84

ORDER GRANTING Joint 83 Motion for Supplemental Relief. Signed by Judge Lee Yeakel. (klw) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

85

NOTICE of Filing Objections by United States of America (Attachments: # 1 Exhibit Objections 1−12)(Bloom, Shayna) Modified on 8/3/2015 to note that SEALED objections contained within 86 Motion for Leave to File Under Seal are considered filed but are voluminous and will not be duplicated in this entry. (klw). (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

86

Consent Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Objections 1−12, # 2 Proposed Order) (Bloom, Shayna) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

87

ORDER GRANTING USA's 86 Motion for Leave to File Objections under Seal. IT IS FURTHER ORDERED THAT the United States may file, not under seal, redactedversions of potential claimants' objections. Signed by Judge Lee Yeakel. (klw) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

88

Consent Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document [Amended Preliminary Backpay Award List], # 2 Sealed Document [Amended Preliminary Priority Hire Candidate List], # 3 Proposed Order) (Bloom, Shayna) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

89

RESPONSE to Objections to Individual Relief Determinations by United States of America. (Attachments: # 1 Exhibit [Keough Declaration], # 2 Proposed Order)(Bloom, Shayna) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

90

RESPONSE to Objections Filed and Request for Determination of Disputed Issue by City of Austin. (Barsness, Paul) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

91

ORDER GRANTING 88 Motion for Leave to File the Amended Preliminary Backpay Relief Awards List and Amended Preliminary Priority Hire Candidate List under seal. Signed by Judge Lee Yeakel. (klw) (Entered: 08/13/2015)

Aug. 12, 2015

Aug. 12, 2015

92

MOTION to Withdraw as Attorney by United States of America. (Attachments: # 1 Proposed Order)(Sacks, Sonya) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

93

ORDER GRANTING 92 Motion for Sonya Sacks to Withdraw as Attorney. Signed by Judge Lee Yeakel. (klw) (Entered: 08/19/2015)

Aug. 18, 2015

Aug. 18, 2015

94

ORDER re: Objections to Individual Relief and Approving Award of Settlement and Backpay. Signed by Judge Lee Yeakel. (klw) (Entered: 08/24/2015)

Aug. 21, 2015

Aug. 21, 2015

95

Minute Entry for proceedings held before Judge Lee Yeakel: Fairness Hearing held on 8/21/2015. Court approves the award of backpay. Order entered regarding settlement. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw) (Entered: 08/27/2015)

Aug. 21, 2015

Aug. 21, 2015

97

MOTION for Determination of Disputed Issue and Notice of Inability to Comply with Consent Decree by City of Austin. (Attachments: # 1 Proposed Order)(Crawford, Bernard) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

98

Consent MOTION for Extension of Time to File Response/Reply as to 97 MOTION for Determination of Disputed Issue and Notice of Inability to Comply with Consent Decree by United States of America. (Attachments: # 1 Proposed Order)(Bloom, Shayna) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

99

ORDER GRANTING Plaintiff's 98 Consent Motion for an Extension of Time toRespond to the Motion for Determination of Disputed Issue. Signed by Judge Lee Yeakel. (klw) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

100

Memorandum in Opposition to Motion, filed by United States of America, re 97 MOTION for Determination of Disputed Issue and Notice of Inability to Comply with Consent Decree filed by Defendant City of Austin (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Phoenix, Candyce) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

101

ORDER DENYING 97 Motion for Determination of Disputed Issue and Notice of Inability to Comply with Consent Decree filed 09/18/2015. Signed by Judge Lee Yeakel. (ml) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $780,000

Order Duration: 2014 - 2018

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Hire

Retroactive Seniority

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Hiring

Testing

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic