Case: Little v. Washington Metro. Area Transit Auth.

1:14-cv-01289 | U.S. District Court for the District of District of Columbia

Filed Date: July 30, 2014

Closed Date: April 27, 2018

Clearinghouse coding complete

Case Summary

On July 30, 2014, nine African American employees with criminal records filed this class action lawsuit in the U.S. District Court for the District of Columbia against the Washington Metropolitan Area Transit Authority (WMATA) and its contractors. The plaintiffs, represented by the NAACP, the Washington Lawyers' Committee for Civil Rights, and private counsel, sought a declaratory judgment that the practices of the WMATA and its contractors were unlawful and violated Title VII of the Civil Righ…

On July 30, 2014, nine African American employees with criminal records filed this class action lawsuit in the U.S. District Court for the District of Columbia against the Washington Metropolitan Area Transit Authority (WMATA) and its contractors. The plaintiffs, represented by the NAACP, the Washington Lawyers' Committee for Civil Rights, and private counsel, sought a declaratory judgment that the practices of the WMATA and its contractors were unlawful and violated Title VII of the Civil Rights Act of 1964, the Fair Credit Reporting Act, and the District of Columbia Human Rights Act. They also requested a permanent injunction preventing the Defendants from engaging in their current employment practices regarding criminal history, an order that the Defendants carry out employment polices that would comply with guidance from the Equal Employment Opportunity Commission, and back pay and compensatory damages for emotional distress.

Specifically, the plaintiffs complained about WMATA's employment policies of denying employment based on past criminal records. They alleged that, because African Americans were more likely than the general population to have a criminal background, the policy discriminated against them. They argued that members of the proposed class had been unable to obtain employment they were qualified for, were terminated from employment even though they demonstrated their competence, were unable to apply for promotions for fear of being terminated, and were unable to take leave due to the fear that they would not be able to return to work.

On January 26, 2015, Judge Rosemary M. Collyer entered an order staying the plaintiffs' claims. The stay was entered based on a public hearing from January 23, during which Plaintiffs decided to limit the applicable case to applicants and contractor employees of the WMATA, not WMATA employees themselves. Judge Collyer stated that she could not grant a motion to dismiss some of the named Defendants because, as WMATA contractors, they were responsible for referring applicants to WMATA for hire. Defense made clear that it was the WMATA’s policy that was implemented by WMATA; the independent contractors hired by the WMATA were not prohibited from employing the applicants for other purposes. Despite the fact that named independent contractors influence was ultimately small, this referral process affected who got hired and who did not. Judge Collyer stated that without these Defendants, she would not have the jurisdiction to enter an order for a full remedy when the time came. Counsel for Plaintiffs stated for the record that they were still in discovery process.

On February 10 of that year, Judge Collyer consolidated this case with another (docket no. 1:15-cv-00098) because they raised similar factual and legal issues; docket 1:14-cv-01289 remained the primary docket.

On March 31, 2017, Judge Collyer granted the plaintiffs' motion for certification of the following classes:

  • Appendix A Class: All African-American persons who, since February 23, 2012, have been denied employment with WMATA, or terminated or otherwise permanently separated from their positions, suspended with or without pay, and/or denied employment with any third-party contractor or subcontractor as a result of Appendix A.
  • Appendix C Class: All African-American persons who, since February 23, 2012, have been denied employment with WMATA, or terminated or otherwise permanently separated from their positions, suspended with or without pay, and/or denied employment with any third-party contractor or subcontractor as a result of Appendix C.
  • Appendix F Class/MetroAccess Class: All African-American persons who, since February 23, 2012, have been denied employment with WMATA, or terminated or otherwise permanently separated from their positions, suspended with or without pay, and/or denied employment with any third-party contractor or subcontractor as a result of Appendix F.

On November 22, 2017, the parties filed a joint motion for settlement approval. The court granted final approval of the settlement on April 27, 2018. Pursuant to the agreement, a Class Claims Fund would be established. The total amount available for distribution in the Class Claims Fund would be the balance of $6.5 million that remained after deduction for attorneys’ fees and expenses; the Court awarded $1,625,000 in attorneys’ fees. The settlement also required WMATA to adopt a new background screening policy, which would include an individualized assessment procedure.

The case is now closed.

Summary Authors

Steve Vnuk (10/9/2014)

Lisa Limb (3/23/2018)

Clearinghouse (9/16/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4212913/parties/little-v-washington-metropolitan-area-transit-authority/


Judge(s)
Attorney for Plaintiff

Alarcon Pelham, Narda Lugo (District of Columbia)

Attorney, Ajmel Ahsen

Attorney for Defendant

Ames, Robert G. (District of Columbia)

Amirthalingam, Nimalan (District of Columbia)

Attorney, John Peter

Expert/Monitor/Master/Other
Attorney for Defendant

Ames, Robert G. (District of Columbia)

Amirthalingam, Nimalan (District of Columbia)

Attorney, John Peter

Attorney, Richard William

Berkowitz, Matthew D. (District of Columbia)

Black, Richard W. (District of Columbia)

Bottiglieri, Joseph John (District of Columbia)

Bregman, Douglas Morton (District of Columbia)

Broas, Timothy M. (District of Columbia)

Burroughs, Robin Lynn (District of Columbia)

Butz, Andrew (District of Columbia)

Calamis, Nat Peter (District of Columbia)

Carey, Kathleen Ann (District of Columbia)

Chandonnet, Brendan Hayes (District of Columbia)

Cole, Janice Lynn (District of Columbia)

Counsel, Michael K.

Davey, Matthew Mawn (District of Columbia)

Davisson, Tabitha G. (Missouri)

Dennis, Bernard G. (District of Columbia)

Donkor, Patricia B. (District of Columbia)

Gandy, William Gerald (District of Columbia)

Goldman, Jay R. (District of Columbia)

Guss, Michael Kelly (District of Columbia)

Heinke, Rex S. (District of Columbia)

Heppen, Bruce P. (District of Columbia)

Hervey, Geoffrey Townsend (District of Columbia)

Hoppmeyer, Melissa E. (District of Columbia)

Janey, Neal Marcellas (District of Columbia)

Jankoski, Vincent Anthony (District of Columbia)

Johnson, Matthew H. (District of Columbia)

Kennedy, Ellen S. (District of Columbia)

Kinoshita, Mana (District of Columbia)

Kniaz, Robert John (District of Columbia)

Kraft, Kathleen Elizabeth (District of Columbia)

Levin, Harvey A. (District of Columbia)

Mangold, Christopher Kent (District of Columbia)

Montague, Joshua W. (District of Columbia)

Mount, Clifton M. (District of Columbia)

Nunzio, Nicholas Stephen (District of Columbia)

Parker, Don Chris (District of Columbia)

Petkovich, Michael N. (Virginia)

Petrila, James Joseph (District of Columbia)

Pierce, Anthony Tobias (District of Columbia)

Poplstein, Charles M. (Missouri)

Schuster, Fredric H. (District of Columbia)

Seaman, Jeffrey C. (District of Columbia)

Shaffer, David J. (District of Columbia)

Simmons, William (Pennsylvania)

Sindall, Christine Elizabeth (District of Columbia)

Soukup, Nicole S. (District of Columbia)

Staub, Phillip T. (District of Columbia)

Stief, Gerard Joseph (District of Columbia)

Sullivan, Mark F. (District of Columbia)

Tobin, Thomas W. (District of Columbia)

Trebach, Barry Donald (District of Columbia)

Vaccaro, Amanda Leigh (District of Columbia)

Vaccaro, Amanda Leigh Scott (Virginia)

Wagner, Robert J. (Missouri)

Wallace, Robert Bruce (District of Columbia)

Waters, Jason R. (District of Columbia)

Whelan, Stephen James (District of Columbia)

White, William H. (District of Columbia)

Wolverton, Caroline Lewis (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:14-cv-01289

Docket [PACER]

Little v. Washington Metro. Area Transit Authority

March 1, 2018

March 1, 2018

Docket

18-07071

Docket

Little v. WMATA

U.S. Court of Appeals for the District of Columbia Circuit

April 2, 2024

April 2, 2024

Docket
1

1:14-cv-01289

Complaint

July 30, 2014

July 30, 2014

Complaint
50

1:14-cv-01289

Order

Little v. Washington Metro Area Transit Authority

Jan. 26, 2015

Jan. 26, 2015

Order/Opinion
53

1:14-cv-01289

Order

Little v. Washington Metro Area Transit Authority

Feb. 10, 2015

Feb. 10, 2015

Order/Opinion
76

1:14-cv-01289

Opinion

Little v. Washington Metro Area Transit Authority

April 23, 2015

April 23, 2015

Order/Opinion

100 F.Supp.3d 1

84

1:14-cv-01289

First Amended Class Action Complaint

Little v. Washington Metro Area Transit Authority

June 9, 2015

June 9, 2015

Complaint
126

1:14-cv-01289

Order

Little v. Washington Metro Area Transit Authority

June 23, 2016

June 23, 2016

Order/Opinion
184

1:14-cv-01289

Order

Little v. Washington Metropolitan Area Transit Authority

March 31, 2017

March 31, 2017

Order/Opinion
230

1:14-cv-01289

Order on Joint Motion for Preliminary Approval of the Proposed Class Action Settlement, Approval of the Motion for Certification of a Settlement Class, Approval of the Notice Plan, and Scheduling of a Hearing

Little v. Washington Metropolitan Area Transit Authority

Dec. 7, 2017

Dec. 7, 2017

Order/Opinion

2017 WL 7310147

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4212913/little-v-washington-metropolitan-area-transit-authority/

Last updated June 1, 2026, 10:28 p.m.

ECF Number Date Description Link
July 30, 2014

Case Assigned to Judge Rosemary M. Collyer. (kb) (Entered: 07/30/2014)

PACER
1 July 30, 2014

COMPLAINT against ALL DEFENDANTS with Jury Demand ( Filing fee $ 400 receipt number 0090-3793737) filed by ERICK LITTLE et al. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Freedman, John) (Entered: 07/30/2014)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

5 Summons

View on PACER

6 Exhibit

View on PACER

7 Exhibit

View on PACER

8 Exhibit

View on PACER

Clearinghouse
2 July 30, 2014

SUMMONS (4) Issued Electronically as to DIAMOND TRANSPORTATION SERVICES, INC., EXECUTIVE PERSONNEL SERVICES, INC., FIRST TRANSIT, INC., WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 07/30/2014)

RECAP
3 July 30, 2014

NOTICE of Appearance by Matthew K. Handley on behalf of All Plaintiffs (Handley, Matthew) (Entered: 07/30/2014)

RECAP
4 July 30, 2014

NOTICE of Appearance by Dennis A. Corkery on behalf of All Plaintiffs (Corkery, Dennis) (Entered: 07/30/2014)

RECAP
July 30, 2014

Case Assigned to Judge Rosemary M. Collyer. (kb)

5 Aug. 7, 2014

NOTICE of Appearance by Brandie N. Weddle on behalf of All Plaintiffs (Weddle, Brandie) (Entered: 08/07/2014)

RECAP
6 Aug. 13, 2014

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE PERSONNEL SERVICES, INC. served on 8/4/2014, answer due 8/25/2014 (Weddle, Brandie) (Entered: 08/13/2014)

RECAP
7 Aug. 13, 2014

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FIRST TRANSIT, INC. served on 8/1/2014, answer due 8/22/2014 (Weddle, Brandie) (Entered: 08/13/2014)

RECAP
8 Aug. 13, 2014

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY served on 8/1/2014, answer due 8/22/2014 (Weddle, Brandie) (Entered: 08/13/2014)

RECAP
9 Aug. 14, 2014

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DIAMOND TRANSPORTATION SERVICES, INC. served on 8/1/2014, answer due 8/22/2014 (Weddle, Brandie) (Entered: 08/14/2014)

RECAP
10 Aug. 19, 2014

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by FIRST TRANSIT, INC. (Attachments: # 1 Text of Proposed Order)(Black, Richard) (Entered: 08/19/2014)

RECAP
11 Aug. 19, 2014

Corporate Disclosure Statement by FIRST TRANSIT, INC.. (Black, Richard) (Entered: 08/19/2014)

RECAP
Aug. 20, 2014

MINUTE ORDER granting 10 Consent Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant First Transit, Inc. shall file its response no later than September 12, 2014. Signed by Judge Rosemary M. Collyer on August 20, 2014. (lcrmc3) (Entered: 08/20/2014)

PACER
Aug. 20, 2014

Set/Reset Deadlines/Hearings: Defendant First Transit, Inc.'s Answer to complaint due by 9/12/2014. (cdw) (Entered: 08/20/2014)

PACER
Aug. 20, 2014

MINUTE ORDER granting 12 , 13 , and 14 Motions for Leave to Appear Pro Hac Vice. Signed by Judge Rosemary M. Collyer on August 20, 2014. (lcrmc3) (Entered: 08/20/2014)

PACER
12 Aug. 20, 2014

Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Johnathan J. Smith, :Firm- NAACP Legal Defense & Educational Fund, Inc., :Address- 1444 I Street, NW. Phone No. - 202-682-1300. Fax No. - 202-682-1312 Filing fee $ 100, receipt number 0090-3815161. Fee Status: Fee Paid. by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Weddle, Brandie) (Entered: 08/20/2014)

RECAP
13 Aug. 20, 2014

Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- ReNika C. Moore, :Firm- NAACP Legal Defense & Educational Fund, Inc., :Address- 40 Rector Street, 5th Floor. Phone No. - 212-965-2200. Fax No. - 212-226-7592 Filing fee $ 100, receipt number 0090-3815179. Fee Status: Fee Paid. by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Weddle, Brandie) (Entered: 08/20/2014)

RECAP
14 Aug. 20, 2014

Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christina A. Swarns, :Firm- NAACP Legal Defense & Educational Fund, Inc., :Address- 40 Rector Street, 5th Floor New York, NY 10006. Phone No. - 212-965-2200. Fax No. - 212-226-7592 Filing fee $ 100, receipt number 0090-3815330. Fee Status: Fee Paid. by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Weddle, Brandie) (Entered: 08/20/2014)

RECAP
Aug. 20, 2014

MINUTE ORDER granting 12, 13, and 14 Motions for Leave to Appear Pro Hac Vice. Signed by Judge Rosemary M. Collyer on August 20, 2014. (lcrmc3)

Aug. 20, 2014

Set/Reset Deadlines/Hearings: Defendant First Transit, Inc.'s Answer to complaint due by 9/12/2014. (cdw)

Aug. 20, 2014

MINUTE ORDER granting 10 Consent Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant First Transit, Inc. shall file its response no later than September 12, 2014. Signed by Judge Rosemary M. Collyer on August 20, 2014. (lcrmc3)

Aug. 21, 2014

MINUTE ORDER granting 15 Consent Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant Washington Metropolitan Area Transit Authority shall file its response no later than September 12, 2014. Signed by Judge Rosemary M. Collyer on August 21, 2014.(lcrmc3) (Entered: 08/21/2014)

PACER
15 Aug. 21, 2014

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Attachments: # 1 Text of Proposed Order)(Stief, Gerard) (Entered: 08/21/2014)

RECAP
Aug. 21, 2014

Set/Reset Deadlines/Hearings: Answer to complaint due by 9/12/2014. (cdw)

Aug. 21, 2014

MINUTE ORDER granting 15 Consent Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant Washington Metropolitan Area Transit Authority shall file its response no later than September 12, 2014. Signed by Judge Rosemary M. Collyer on August 21, 2014.(lcrmc3)

16 Aug. 22, 2014

MOTION to Dismiss by DIAMOND TRANSPORTATION SERVICES, INC. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support Memorandum in Support of its Motion to Dismiss, # 3 Exhibit Exhibit 1)(Petkovich, Michael) (Entered: 08/22/2014)

RECAP
17 Aug. 22, 2014

Corporate Disclosure Statement by DIAMOND TRANSPORTATION SERVICES, INC.. (Petkovich, Michael) (Entered: 08/22/2014)

RECAP
18 Aug. 22, 2014

NOTICE of Appearance by Amanda Leigh Scott Vaccaro on behalf of DIAMOND TRANSPORTATION SERVICES, INC. (Vaccaro, Amanda) (Entered: 08/22/2014)

RECAP
19 Aug. 25, 2014

NOTICE of Appearance by Narda Lugo Alarcon Pelham on behalf of All Plaintiffs (Pelham, Narda) (Entered: 08/25/2014)

RECAP
20 Aug. 26, 2014

AFFIDAVIT FOR DEFAULT Against Defendant Executive Personnel Services, Inc. by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED (Attachments: # 1 Declaration of Brandie N. Weddle)(Corkery, Dennis) Modified on 8/27/2014 to correct event(rdj). (Entered: 08/26/2014)

RECAP
21 Aug. 27, 2014

Clerk's ENTRY OF DEFAULT as to EXECUTIVE PERSONNEL SERVICES, INC. (rdj) (Entered: 08/27/2014)

RECAP
22 Sept. 8, 2014

Memorandum in opposition to re 16 MOTION to Dismiss filed by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED. (Attachments: # 1 Text of Proposed Order)(Weddle, Brandie) (Entered: 09/08/2014)

RECAP
23 Sept. 11, 2014

NOTICE of Receipt of Notices for Right to Sue by ERICK LITTLE, TIMOTHY McCLOUGH, LOUIA McKENZIE, LEROY QUARLES, GERALD TUCKER (Attachments: # 1 Exhibit Exhibit A)(Corkery, Dennis) (Entered: 09/11/2014)

RECAP
24 Sept. 12, 2014

Defendant WMATA's ANSWER to Complaint by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.(Stief, Gerard) (Entered: 09/12/2014)

RECAP
25 Sept. 12, 2014

MOTION to Dismiss Plaintiffs' Complaint by FIRST TRANSIT, INC. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Declaration of Richard W. Black in Support)(Black, Richard) (Entered: 09/12/2014)

RECAP
26 Sept. 12, 2014

NOTICE of Appearance by Harvey A. Levin on behalf of WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Levin, Harvey) (Entered: 09/12/2014)

RECAP
Sept. 15, 2014

NOTICE OF ERROR re 26 Notice of Appearance; emailed to hlevin@thompsoncoburn.com, cc'd 22 associated attorneys −− The PDF file you docketed contained errors: 1. Please refile document, 2. Counsel is instructed to use their assigned password/login. (Refer to LCvR 5.4(b)(3)) (zrdj, ) (Entered: 09/15/2014)

PACER
27 Sept. 15, 2014

NOTICE of Appearance by Kathleen Elizabeth Kraft on behalf of WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Kraft, Kathleen) (Entered: 09/15/2014)

RECAP
Sept. 15, 2014

NOTICE OF ERROR re 26 Notice of Appearance; emailed to hlevin@thompsoncoburn.com, cc'd 22 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Counsel is instructed to use their assigned password/login. (Refer to LCvR 5.4(b)(3)) (zrdj, )

28 Sept. 17, 2014

REPLY to opposition to motion re 16 MOTION to Dismiss Defendant Diamond Transportation's Reply in Support of its Motion to Dismiss filed by DIAMOND TRANSPORTATION SERVICES, INC.. (Petkovich, Michael) (Entered: 09/17/2014)

RECAP
29 Sept. 22, 2014

NOTICE of Receipt of Notices for Right to Sue by TIMOTHY McCLOUGH, LEROY QUARLES, MARCELLO VIRGIL, LAWRENCE WHITTED (Attachments: # 1 Exhibit Exhibit A)(Corkery, Dennis) (Entered: 09/22/2014)

RECAP
30 Sept. 24, 2014

NOTICE OF WITHDRAWAL OF APPEARANCE as to ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED. Attorney Johnathan J. Smith terminated. (Smith, Johnathan) (Entered: 09/24/2014)

RECAP
31 Sept. 29, 2014

Memorandum in opposition to re 25 MOTION to Dismiss Plaintiffs' Complaint filed by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED. (Weddle, Brandie) (Entered: 09/29/2014)

RECAP
Sept. 30, 2014

Set/Reset Deadlines/Hearings: Response to Show Cause order due by 10/21/2014. (cdw) (Entered: 10/01/2014)

PACER
32 Sept. 30, 2014

VACATED PURSUANT TO THE COURT'S ORDER OF 11/12/2014..........ORDER. It is hereby ordered that no later than October 21, 2014, Plaintiffs shall SHOW CAUSE in writing as to why the Court should not dismiss this action against Executive Personnel Services pursuant to Local Civil Rule 83.23 for failure to prosecute. See Order for further details. Signed by Judge Rosemary M. Collyer on September 30, 2014. (lcrmc3) Modified on 11/14/2014 (zcdw). (Entered: 09/30/2014)

RECAP
Sept. 30, 2014

Set/Reset Deadlines/Hearings: Response to Show Cause order due by 10/21/2014. (cdw)

33 Oct. 3, 2014

NOTICE of Receipt of Notices for Right to Sue by LEON McKENZIE, LOUIA McKENZIE, FITZGERALD STONEY, MARCELLO VIRGIL (Attachments: # 1 Exhibit Exhibit A)(Corkery, Dennis) (Entered: 10/03/2014)

RECAP
34 Oct. 3, 2014

AMENDED ANSWER to Complaint by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.(Levin, Harvey) (Entered: 10/03/2014)

RECAP
35 Oct. 9, 2014

REPLY to opposition to motion re 25 MOTION to Dismiss Plaintiffs' Complaint filed by FIRST TRANSIT, INC.. (Attachments: # 1 Exhibit 1)(Black, Richard) (Entered: 10/09/2014)

RECAP
Oct. 15, 2014

MINUTE ORDER granting 36 and 37 Motions for Leave to Appear Pro Hac Vice. Signed by Judge Rosemary M. Collyer on October 15, 2014. (lcrmc3) (Entered: 10/15/2014)

PACER
36 Oct. 15, 2014

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel M. Kleinman, :Firm- NAACP Legal Defense and Educational Fund, Inc., :Address- 40 Rector Street, 5th Floor, New York, NY 10006. Phone No. - 212.965.2200. Fax No. - 212.226.7592 Filing fee $ 100, receipt number 0090-3872164. Fee Status: Fee Paid. by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Pelham, Narda) (Entered: 10/15/2014)

RECAP
37 Oct. 15, 2014

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Natasha M. Korgaonkar, :Firm- NAACP Legal Defense and Educational Fund, Inc., :Address- 40 Rector Street, 5th Floor, New York, NY 10006. Phone No. - 212.965.2200. Fax No. - 212.226.7592 Filing fee $ 100, receipt number 0090-3872282. Fee Status: Fee Paid. by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Pelham, Narda) (Entered: 10/15/2014)

RECAP
Oct. 15, 2014

MINUTE ORDER granting 36 and 37 Motions for Leave to Appear Pro Hac Vice. Signed by Judge Rosemary M. Collyer on October 15, 2014. (lcrmc3)

38 Oct. 17, 2014

NOTICE of Request for a Telephonic Conference by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED (Weddle, Brandie) (Entered: 10/17/2014)

RECAP
Oct. 20, 2014

MINUTE ORDER granting 38 Request for Telephone Conference. The telephone conference is scheduled for October 22, 2014, at 10:00 a.m. The parties are directed to call Chambers jointly at that time. Signed by Judge Rosemary M. Collyer on October 20, 2014. (lcrmc3) (Entered: 10/20/2014)

PACER
Oct. 20, 2014

Set/Reset Deadlines/Hearings: Telephone Conference set for 10/22/2014 at 10:00 AM before Judge Rosemary M. Collyer. (cdw) (Entered: 10/20/2014)

PACER
39 Oct. 20, 2014

MOTION for Default Judgment as to Executive Personnel Services, Inc. by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Text of Proposed Order)(Weddle, Brandie) (Entered: 10/20/2014)

RECAP
Oct. 20, 2014

Set/Reset Deadlines/Hearings: Telephone Conference set for 10/22/2014 at 10:00 AM before Judge Rosemary M. Collyer. (cdw)

Oct. 20, 2014

MINUTE ORDER granting 38 Request for Telephone Conference. The telephone conference is scheduled for October 22, 2014, at 10:00 a.m. The parties are directed to call Chambers jointly at that time. Signed by Judge Rosemary M. Collyer on October 20, 2014. (lcrmc3)

40 Oct. 21, 2014

RESPONSE TO ORDER TO SHOW CAUSE by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED re 32 Order, . (Weddle, Brandie) (Entered: 10/21/2014)

RECAP
Oct. 22, 2014

MINUTE ORDER directing that, pursuant to the telephone conference held on October 22, 2014, all discovery shall be stayed pending decision on the motions to dismiss of Defendant Diamond Transportation Services 16 and First Transit 25 . It is further ordered that, within 14 days of a decision on the motions to dismiss, the parties shall file a joint report addressing the status of the case and the issues set forth in Local Rule 16.3. Signed by Judge Rosemary M. Collyer on October 22, 2014. (lcrmc3) (Entered: 10/22/2014)

PACER
Oct. 22, 2014

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Telephone Conference held on 10/22/2014. (cdw) (Entered: 10/22/2014)

PACER
Oct. 22, 2014

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Telephone Conference held on 10/22/2014. (cdw)

Oct. 22, 2014

MINUTE ORDER directing that, pursuant to the telephone conference held on October 22, 2014, all discovery shall be stayed pending decision on the motions to dismiss of Defendant Diamond Transportation Services 16 and First Transit 25 . It is further ordered that, within 14 days of a decision on the motions to dismiss, the parties shall file a joint report addressing the status of the case and the issues set forth in Local Rule 16.3. Signed by Judge Rosemary M. Collyer on October 22, 2014. (lcrmc3)

41 Oct. 27, 2014

NOTICE OF WITHDRAWAL OF APPEARANCE as to ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED. Attorney Narda Lugo Alarcon Pelham terminated. (Pelham, Narda) (Entered: 10/27/2014)

RECAP
42 Nov. 12, 2014

VACATED PURSUANT TO THE COURT'S ORDER OF 12/02/2014..........ORDER TO SHOW CAUSE. It is hereby ORDERED that no later than November 26, 2014, Defendant EPS shall SHOW CAUSE as to why the Court should not grant Plaintiffs' Motion for Default Judgment, and it is FURTHER ORDERED that the Court's September 30, 2014 Order to Show Cause is hereby VACATED. Signed by Judge Rosemary M. Collyer on November 12, 2014. (lcrmc3) Modified on 12/2/2014 (zcdw). (Entered: 11/12/2014)

RECAP
Nov. 13, 2014

ENTERED IN ERROR..........Set/Reset Deadlines/Hearings: Discovery closes 1/6/2015. (cdw) Modified on 11/17/2014 (zcdw). (Entered: 11/14/2014)

PACER
Nov. 13, 2014

ENTERED IN ERROR..........Set/Reset Deadlines/Hearings: Discovery closes 1/6/2015. (cdw) Modified on 11/17/2014 (zcdw).

43 Nov. 26, 2014

RESPONSE TO ORDER OF THE COURT re 42 Order, To Show Cause filed by EXECUTIVE PERSONNEL SERVICES, INC.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Calamis, Nat) (Entered: 11/26/2014)

RECAP
44 Nov. 26, 2014

MOTION to Dismiss by EXECUTIVE PERSONNEL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Calamis, Nat) (Entered: 11/26/2014)

RECAP
45 Nov. 26, 2014

Corporate Disclosure Statement by EXECUTIVE PERSONNEL SERVICES, INC.. (Calamis, Nat) (Entered: 11/26/2014)

RECAP
Dec. 2, 2014

MINUTE ORDER denying 39 Plaintiffs' Motion for Partial Default Judgment Against Defendant Executive Personnel Services, Inc. It is hereby ORDERED that the 21 Clerk's Entry of Default as to Executive Personnel Services, Inc. is SET ASIDE for good cause shown. It is FURTHER ORDERED that the Court's 42 Order to Show Cause is hereby VACATED. Signed by Judge Rosemary M. Collyer on December 2, 2014. (lcrmc3) (Entered: 12/02/2014)

PACER
Dec. 2, 2014

MINUTE ORDER denying 39 Plaintiffs' Motion for Partial Default Judgment Against Defendant Executive Personnel Services, Inc. It is hereby ORDERED that the 21 Clerk's Entry of Default as to Executive Personnel Services, Inc. is SET ASIDE for good cause shown. It is FURTHER ORDERED that the Court's 42 Order to Show Cause is hereby VACATED. Signed by Judge Rosemary M. Collyer on December 2, 2014. (lcrmc3)

46 Dec. 15, 2014

Memorandum in opposition to re 44 MOTION to Dismiss filed by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED. (Weddle, Brandie) (Entered: 12/15/2014)

RECAP
47 Dec. 22, 2014

RESPONSE re 44 MOTION to Dismiss Reply Brief in Support of its Motion to Dismiss filed by EXECUTIVE PERSONNEL SERVICES, INC.. (Calamis, Nat) (Entered: 12/22/2014)

RECAP
48 Jan. 14, 2015

NOTICE of Appearance by Thomas Dallas McSorley on behalf of All Plaintiffs (McSorley, Thomas) (Entered: 01/14/2015)

RECAP
Jan. 15, 2015

Set/Reset Deadlines/Hearings: Status Conference set for 1/23/2015 at 10:45 AM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw) (Entered: 01/15/2015)

PACER
Jan. 15, 2015

Set/Reset Deadlines/Hearings: Status Conference set for 1/23/2015 at 10:45 AM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw)

Jan. 22, 2015

MINUTE ORDER granting 49 Motion for Leave to Appear Pro Hac Vice. William Simmons is hereby admitted to practice and appear before this Court on behalf of Defendant First Transit, Inc. in this matter. Signed by Judge Rosemary M. Collyer on January 22, 2015. (lcrmc3) (Entered: 01/22/2015)

PACER
49 Jan. 22, 2015

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William Simmons, :Firm- Littler Mendelson, PC, :Address- 1601 Cherry St, Suite 1400, Philadelphia, PA 19102. Phone No. - 267-402-3047. Fax No. - 267-402-3131 Filing fee $ 100, receipt number 0090-3970168. Fee Status: Fee Paid. by FIRST TRANSIT, INC. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Black, Richard) (Entered: 01/22/2015)

RECAP
Jan. 22, 2015

MINUTE ORDER granting 49 Motion for Leave to Appear Pro Hac Vice. William Simmons is hereby admitted to practice and appear before this Court on behalf of Defendant First Transit, Inc. in this matter. Signed by Judge Rosemary M. Collyer on January 22, 2015. (lcrmc3)

Jan. 23, 2015

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 1/23/2015. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 01/23/2015)

PACER
Jan. 23, 2015

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 1/23/2015. (Court Reporter: Crystal Pilgrim) (cdw)

Jan. 26, 2015

Set/Reset Deadlines/Hearings: Rule 26 Meeting Report due by 2/17/2014. Initial Scheduling Conference set for 3/17/2015 at 11:15 AM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw) (Entered: 01/27/2015)

PACER
50 Jan. 26, 2015

ORDER denying as moot 16, 25 and 44, the motions to dismiss filed by Defendants Diamond Transportation Services, Inc., First Transit, Inc., and Executive Personnel Services, Inc. It is further ORDERED that Plaintiffs and Defendant Washington Metropolitan Area Transit Authority are directed to meet and confer and file their report pursuant to Federal Rule of Civil Procedure 26(f) no later than February 17, 2015. See Order for further details. Signed by Judge Rosemary M. Collyer on January 26, 2015. (lcrmc3) (Entered: 01/26/2015)

Clearinghouse
51 Jan. 26, 2015

ORDER FOR INITIAL SCHEDULING CONFERENCE. An initial scheduling conference is set for March 17, 2015 at 11:15 a.m., in Courtroom 8. See Order for further deadlines and details. Signed by Judge Rosemary M. Collyer on January 26, 2015. (lcrmc3) (Entered: 01/26/2015)

RECAP
Jan. 26, 2015

Set/Reset Deadlines/Hearings: Rule 26 Meeting Report due by 2/17/2014. Initial Scheduling Conference set for 3/17/2015 at 11:15 AM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw)

52 Feb. 2, 2015

TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer held on 01/23/15; Page Numbers: 1-37. Date of Issuance:02/02/15. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystalpilgrim@aol.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/23/2015. Redacted Transcript Deadline set for 3/5/2015. Release of Transcript Restriction set for 5/3/2015.(Pilgrim, Crystal) (Entered: 02/02/2015)

RECAP
Feb. 10, 2015

CASE CONSOLIDATED. Case 15−98 has been consolidated with 14−1289 pursuant to a Court Order entered 02/10/2015. From this date forward all pleadings shall be filed ONLY in the lead earlier case, Civil Action No. 14−1289. The parties are advised NOT to elect to SPREAD text when filing in ECF, as this will result in repetitive docketing and emails. (rdj) (Entered: 02/10/2015)

PACER
53 Feb. 10, 2015

VACATED PURSUANT TO COURT'S ORDER OF 3/17/2015..........ORDER consolidating Civil Case Number 14-1289 and Civil Case Number 15-98. See Order for Further Details. Signed by Judge Rosemary M. Collyer on February 10, 2015. (lcrmc3) Modified on 3/24/2015 (cdw). (Entered: 02/10/2015)

Clearinghouse
Feb. 10, 2015

CASE CONSOLIDATED. Case 15-98 has been consolidated with 14-1289 pursuant to a Court Order entered 02/10/2015. From this date forward all pleadings shall be filed ONLY in the lead earlier case, Civil Action No. 14-1289. The parties are advised NOT to elect to SPREAD text when filing in ECF, as this will result in repetitive docketing and emails. (rdj)

54 Feb. 17, 2015

MEET AND CONFER STATEMENT. (Weddle, Brandie) (Entered: 02/17/2015)

RECAP
55 Feb. 17, 2015

MEMORANDUM re 54 Meet and Confer Statement by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED. (Weddle, Brandie) (Entered: 02/17/2015)

RECAP
56 Feb. 17, 2015

MEMORANDUM re 54 Meet and Confer Statement by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order Proposed Order)(Levin, Harvey) (Entered: 02/17/2015)

RECAP
57 Feb. 19, 2015

MOTION to Clarify Court's February 10, 2015 Order (Dkt. 53) by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED (Corkery, Dennis) (Entered: 02/19/2015)

RECAP
58 Feb. 19, 2015

ORDER scheduling an ex parte hearing with Mr. Pendergrass and Plaintiffs' counsel to determine the status of Mr. Pendergrass as a member of the putative class. The Deputy Clerk is directed to set a status conference for a date after March 13, 2015. Signed by Judge Rosemary M. Collyer on February 19, 2015. (lcrmc3) (Entered: 02/19/2015)

RECAP
59 Feb. 19, 2015

MOTION to Strike 1 Complaint, Defendant Diamond Transportation's Motion to Strike Class Allegations by DIAMOND TRANSPORTATION SERVICES, INC. (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion to Strike Class Allegations, # 2 Text of Proposed Order Proposed Order)(Petkovich, Michael) (Entered: 02/19/2015)

1 Memorandum in Support Memorandum in Support of Motion to Strike Class Allegation

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

RECAP
Feb. 20, 2015

MINUTE ORDER vacating the initial scheduling conference set for March 17, 2015. Instead, on March 17, 2015, at 11:15 a.m., the Court will hold the ex parte hearing with Mr. Pendergrass and Plaintiffs' counsel in Little v. WMATA to determine the status of Mr. Pendergrass as a member of the putative class. Defense counsel need not attend. Signed by Judge Rosemary M. Collyer on February 20, 2015. (lcrmc3) (Entered: 02/20/2015)

PACER
Feb. 20, 2015

MINUTE ORDER vacating the initial scheduling conference set for March 17, 2015. Instead, on March 17, 2015, at 11:15 a.m., the Court will hold the ex parte hearing with Mr. Pendergrass and Plaintiffs' counsel in Little v. WMATA to determine the status of Mr. Pendergrass as a member of the putative class. Defense counsel need not attend. Signed by Judge Rosemary M. Collyer on February 20, 2015. (lcrmc3)

Case Details

State / Territory:

District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 30, 2014

Closing Date: April 27, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Employees or prospective employees of the Washington Metropolitan Area Transit Authority who were denied employment, denied a promotion, had their employment terminated, or were unable to take leave due to past criminal history.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Regional

Washington Metropolitan Area Transit Authoirty

Defendant Type(s):

Jurisdiction-wide

Transportation

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Fair Credit Reporting Act, 15 U.S.C. § 1681 ("FCRA")

State Anti-Discrimination Law

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

Other Dockets:

District of District of Columbia 1:14-cv-01289

U.S. Court of Appeals for the District of Columbia Circuit 18-07071

District of District of Columbia 1:15-cv-00098

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Hire

Other requirements regarding hiring, promotion, retention

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Impact

Hiring

Promotion

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation