Civil Rights Litigation Clearinghouse

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…

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.

show full summary

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)

Attorney Contact Information via CourtListener

show all people

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

show / hide documents

Resources

Title	Description		External URL Date / External URL

show / hide 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