Civil Rights Litigation Clearinghouse

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

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

Filed Date: July 30, 2014

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On July 30, 2014, nine African American employees with criminal records filed this lawsuit (on behalf of a putative class of similar employees) in the U.S. District Court for the District of Columbia under 42 U.S.C. § 2000e against the Washington Metropolitan Area Transit Authority (WMATA) and its contractors. The plaintiffs, represented by the NAACP, the Lawyer's 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 Actof 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 the 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 Plainiffs stated for the record that they were still in discovery process.

On February 10 of that year, Judge Collyer ordered that Civil Case Number 14-1289 to be consolidated with Civil Case Number 15-98. These cases were merged because the factual issues and legal claims raised in No. 15-98 were related to those in No. 14-289. Specifically, the factual and legal issues raised by Plaintiff Pendergrass in 15-98 were related to Little v. Washington Metropolitan Area Transit Authority, Civil Case No. 14-1289. All pleadings were ordered to be filed in No. 14-1289.

On October 31, 2016 the court denied Plaintiffs’ Motion to Modify the Protective Order, entered on July 13, 2015. The Protective Order was granted so parties could disclose information deemed “Confidential” by the WMATA to the Equal Employment Opportunity Commission. This information included “confidential, properitary, and highly sensitive information” related to the identities of Plaintiffs. See Protective Order. The Court found that the modification of the Protective Order was not appropriate because its nature weighed against modification, arguing that the modification would essentially negate the original order, to which both parties stipulated to the existence of good cause. The Court also found that Plaintiffs failed to demonstrate good cause as to why the Protective Order should be modified, since WMATA responded to Plaintiffs were merely speculating, and thus, the EEOC was unlikely to reopen its investigation into WMATA. Lastly, the Court concluded that WMATA produced data that for this suit that was different from the data produced during its investigation because persons under different directions produced the data for limited periods, whereas the Plaintiffs’ discovery request, made under the Protective Order, covered a longer period of time. These differences, the Court argued, resulted from different circumstances and not ill intent.

On March 31 2017, District Court Judge Rosemary M. Collyer issued an order granting approval of a class settlement. The court certified three distinct 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. On December 7, 2017, Judge Collyer granted preliminary approval of the settlement agreement. 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 approved by the Court. The programmatic relief granted by the settlement would require WMATA to adopt a new background screening policy, which would include an individualized assessment procedure.

The parties filed a Joint Motion for Preliminary Approval of Proposed Class Action Settlement on November 22, 2017. On December 7, 2017, the Court scheduled a Settlement Fairness Hearing for April 18, 2018, to determine whether the proposed Settlement was fair, reasonable, and adequate and determine whether the Order and Final Judgment as provided under the Settlement Agreement should be entered. Pending the Hearing, all deadlines were stayed.

On April 27, 2018, the Court granted the Plaintiffs’ Motion for Final Approval of the Proposed Class Action Settlement and the Plaintiffs’ Motion for Approval of Service Payments. The Court awarded $1,625,000 in attorneys’ fees and costs incurred by representatives of the Settlement Class. Class Claims Fund were distributed in the following manners: Long Form Claimants could receive up to $40,000 and short form claimants could receive a flat payment of $2,000. All other known and unknown claims, suits, demands and causes of action by class representatives were dismissed with prejudice. Class representatives received $7,500 as compensation.

The case is now closed.

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Summary Authors

Steve Vnuk (10/9/2014)

Lisa Limb (3/23/2018)

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)

Collyer, Rosemary M. (District of Columbia)

Attorneys(s) for Plaintiff

Alarcon Pelham, Narda Lugo (District of Columbia)

Clemons, Katherine E. (District of Columbia)

Corkery, Dennis A. (District of Columbia)

Fearnside, Matthew R. (District of Columbia)

Freedman, John A. (District of Columbia)

Friedman, Daniel Mortimer (District of Columbia)

Grossi, Peter Thomas Jr. (District of Columbia)

Handley, Matthew K. (District of Columbia)

Harris, Michael Duane (District of Columbia)

Judge(s)

Collyer, Rosemary M. (District of Columbia)

Attorneys(s) for Plaintiff

Alarcon Pelham, Narda Lugo (District of Columbia)

Clemons, Katherine E. (District of Columbia)

Corkery, Dennis A. (District of Columbia)

Fearnside, Matthew R. (District of Columbia)

Freedman, John A. (District of Columbia)

Friedman, Daniel Mortimer (District of Columbia)

Grossi, Peter Thomas Jr. (District of Columbia)

Handley, Matthew K. (District of Columbia)

Harris, Michael Duane (District of Columbia)

Hinson, Kristian L. (District of Columbia)

Ifill, Sherrilyn (New York)

Kleinman, Rachel Miriam (New York)

Korgaonkar, Natasha (New York)

Mar, Ria Tabacco (New York)

Marston, Brett E. (District of Columbia)

McClure, Brittany Erin (District of Columbia)

McSorley, Thomas Dallas (District of Columbia)

Montag, Coty R (District of Columbia)

Moore, ReNika C (New York)

Quereshi, Ajmel (District of Columbia)

Risher, Conrad Z. (District of Columbia)

Romer-Friedman, Peter (District of Columbia)

Smith, Johnathan James (New York)

Swarns, Christina (New York)

Weddle, Brandie N. (District of Columbia)

Attorneys(s) for Defendant

Berkowitz, Matthew D. (District of Columbia)

Black, Richard W. (District of Columbia)

Calamis, Nat Peter (District of Columbia)

Davisson, Tabitha G. (Missouri)

Guss, Michael Kelly (District of Columbia)

Hoppmeyer, Melissa E. (District of Columbia)

Kraft, Kathleen Elizabeth (District of Columbia)

Levin, Harvey A. (District of Columbia)

Petkovich, Michael N. (Virginia)

Poplstein, Charles M. (Missouri)

Simmons, William (Pennsylvania)

Stief, Gerard Joseph (District of Columbia)

Vaccaro, Amanda Leigh Scott (Virginia)

Wagner, Robert J. (Missouri)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER] Little v. Washington Metro. Area Transit Authority	March 1, 2018	Docket
1	Complaint	July 30, 2014	Complaint
50	Order Little v. Washington Metro Area Transit Authority	Jan. 26, 2015	Order/Opinion
53	Order Little v. Washington Metro Area Transit Authority	Feb. 10, 2015	Order/Opinion
76	Opinion Little v. Washington Metro Area Transit Authority 100 F.Supp.3d 1	April 23, 2015	Order/Opinion
84	First Amended Class Action Complaint Little v. Washington Metro Area Transit Authority	June 9, 2015	Complaint
126	Order Little v. Washington Metro Area Transit Authority	June 23, 2016	Order/Opinion
184	Order Little v. Washington Metropolitan Area Transit Authority	March 31, 2017	Order/Opinion
230	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 2017 WL 7310147	Dec. 7, 2017	Order/Opinion

Resources

Title	Description		External URL
Judicial Independence, Employment Discrimination Studies Funded Ann Nicholson	This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs.	Nov. 1, 2008	https://law.wustl.edu/...

Docket

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

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date	Link
4	NOTICE of Appearance by Dennis A. Corkery on behalf of All Plaintiffs (Corkery, Dennis) (Entered: 07/30/2014)	July 30, 2014	PACER
3	NOTICE of Appearance by Matthew K. Handley on behalf of All Plaintiffs (Handley, Matthew) (Entered: 07/30/2014)	July 30, 2014	PACER
2	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)	July 30, 2014	PACER
	Case Assigned to Judge Rosemary M. Collyer. (kb)	July 30, 2014	PACER
1	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	July 30, 2014	RECAP
5	NOTICE of Appearance by Brandie N. Weddle on behalf of All Plaintiffs (Weddle, Brandie) (Entered: 08/07/2014)	Aug. 7, 2014	PACER
8	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)	Aug. 13, 2014	PACER
7	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)	Aug. 13, 2014	PACER
6	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)	Aug. 13, 2014	PACER
9	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)	Aug. 14, 2014	PACER
11	Corporate Disclosure Statement by FIRST TRANSIT, INC.. (Black, Richard) (Entered: 08/19/2014)	Aug. 19, 2014	PACER
10	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)	Aug. 19, 2014	PACER
	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	PACER
14	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)	Aug. 20, 2014	PACER
13	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)	Aug. 20, 2014	PACER
12	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)	Aug. 20, 2014	PACER
	Set/Reset Deadlines/Hearings: Defendant First Transit, Inc.'s Answer to complaint due by 9/12/2014. (cdw)	Aug. 20, 2014	PACER
	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. 20, 2014	PACER
	Set/Reset Deadlines/Hearings: Answer to complaint due by 9/12/2014. (cdw)	Aug. 21, 2014	PACER
	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)	Aug. 21, 2014	PACER
15	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)	Aug. 21, 2014	PACER
18	NOTICE of Appearance by Amanda Leigh Scott Vaccaro on behalf of DIAMOND TRANSPORTATION SERVICES, INC. (Vaccaro, Amanda) (Entered: 08/22/2014)	Aug. 22, 2014	PACER
17	Corporate Disclosure Statement by DIAMOND TRANSPORTATION SERVICES, INC.. (Petkovich, Michael) (Entered: 08/22/2014)	Aug. 22, 2014	PACER
16	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)	Aug. 22, 2014	PACER
19	NOTICE of Appearance by Narda Lugo Alarcon Pelham on behalf of All Plaintiffs (Pelham, Narda) (Entered: 08/25/2014)	Aug. 25, 2014	PACER
20	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)	Aug. 26, 2014	PACER
21	Clerk's ENTRY OF DEFAULT as to EXECUTIVE PERSONNEL SERVICES, INC. (rdj) (Entered: 08/27/2014)	Aug. 27, 2014	PACER
22	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)	Sept. 8, 2014	PACER
23	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)	Sept. 11, 2014	PACER
26	NOTICE of Appearance by Harvey A. Levin on behalf of WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Levin, Harvey) (Entered: 09/12/2014)	Sept. 12, 2014	PACER
25	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)	Sept. 12, 2014	PACER
24	Defendant WMATA's ANSWER to Complaint by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.(Stief, Gerard) (Entered: 09/12/2014)	Sept. 12, 2014	PACER
27	NOTICE of Appearance by Kathleen Elizabeth Kraft on behalf of WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Kraft, Kathleen) (Entered: 09/15/2014)	Sept. 15, 2014	PACER
	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, )	Sept. 15, 2014	PACER
28	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)	Sept. 17, 2014	PACER
29	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)	Sept. 22, 2014	PACER
30	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)	Sept. 24, 2014	PACER
31	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)	Sept. 29, 2014	PACER
	Set/Reset Deadlines/Hearings: Response to Show Cause order due by 10/21/2014. (cdw)	Sept. 30, 2014	PACER
32	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)	Sept. 30, 2014	PACER
34	AMENDED ANSWER to Complaint by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.(Levin, Harvey) (Entered: 10/03/2014)	Oct. 3, 2014	PACER
33	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)	Oct. 3, 2014	PACER
35	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)	Oct. 9, 2014	PACER
	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)	Oct. 15, 2014	PACER
37	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)	Oct. 15, 2014	PACER
36	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)	Oct. 15, 2014	PACER
38	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)	Oct. 17, 2014	PACER
39	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)	Oct. 20, 2014	PACER
	Set/Reset Deadlines/Hearings: Telephone Conference set for 10/22/2014 at 10:00 AM before Judge Rosemary M. Collyer. (cdw)	Oct. 20, 2014	PACER
	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)	Oct. 20, 2014	PACER
40	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)	Oct. 21, 2014	PACER
	Minute Entry for proceedings held before Judge Rosemary M. Collyer: Telephone Conference held on 10/22/2014. (cdw)	Oct. 22, 2014	PACER
	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)	Oct. 22, 2014	PACER
41	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)	Oct. 27, 2014	PACER
42	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)	Nov. 12, 2014	PACER
	ENTERED IN ERROR..........Set/Reset Deadlines/Hearings: Discovery closes 1/6/2015. (cdw) Modified on 11/17/2014 (zcdw).	Nov. 13, 2014	PACER
45	Corporate Disclosure Statement by EXECUTIVE PERSONNEL SERVICES, INC.. (Calamis, Nat) (Entered: 11/26/2014)	Nov. 26, 2014	PACER
44	MOTION to Dismiss by EXECUTIVE PERSONNEL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Calamis, Nat) (Entered: 11/26/2014)	Nov. 26, 2014	PACER
43	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)	Nov. 26, 2014	PACER
	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)	Dec. 2, 2014	PACER
46	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)	Dec. 15, 2014	PACER
47	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)	Dec. 22, 2014	PACER
48	NOTICE of Appearance by Thomas Dallas McSorley on behalf of All Plaintiffs (McSorley, Thomas) (Entered: 01/14/2015)	Jan. 14, 2015	PACER
	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. 15, 2015	PACER
	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. 22, 2015	PACER
49	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)	Jan. 22, 2015	PACER
	Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 1/23/2015. (Court Reporter: Crystal Pilgrim) (cdw)	Jan. 23, 2015	PACER
	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)	Jan. 26, 2015	PACER
51	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)	Jan. 26, 2015	PACER
50	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)	Jan. 26, 2015	RECAP
52	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)	Feb. 2, 2015	PACER
	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)	Feb. 10, 2015	PACER
53	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)	Feb. 10, 2015	PACER
56	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)	Feb. 17, 2015	PACER
55	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)	Feb. 17, 2015	PACER
54	MEET AND CONFER STATEMENT. (Weddle, Brandie) (Entered: 02/17/2015)	Feb. 17, 2015	PACER
59	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	Feb. 19, 2015	PACER
58	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)	Feb. 19, 2015	PACER
57	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)	Feb. 19, 2015	PACER
	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)	Feb. 20, 2015	PACER
62	MOTION to Strike 1 Complaint, Defendant Washington Metropolitan Area Transit Authority's Motion to Strike Class Action Allegations by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Attachments: # 1 Text of Proposed Order)(Levin, Harvey) (Entered: 02/24/2015) 1 Text of Proposed Order View on PACER	Feb. 24, 2015	RECAP
61	ENTERED IN ERROR.....MOTION to Strike 1 Complaint, Defendant Washington Metropolitan Area Transit Authority's Motion to Strike Class Action Allegations by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Attachments: # 1 Text of Proposed Order)(Levin, Harvey) Modified on 2/25/2015 (jf, ). (Entered: 02/24/2015)	Feb. 24, 2015	PACER
60	Proposed MOTION for Scheduling Order re: ECF No. 54 Meet and Confer Statement by ERICK LITTLE, TIMOTHY McCLOUGH, LEON McKENZIE, LOUIA McKENZIE, GALEN PENDERGRASS, LEROY QUARLES, FITZGERALD STONEY, GERALD TUCKER, MARCELLO VIRGIL, LAWRENCE WHITTED (McSorley, Thomas) (Entered: 02/24/2015)	Feb. 24, 2015	PACER
	MINUTE ORDER granting 65 Motion for Leave to Appear Pro Hac Vice. Tabitha G. Davisson is hereby admitted to practice and appear before this Court on behalf of Defendant Washington Metropolitan Area Transit Authority in this matter. Signed by Judge Rosemary M. Collyer on March 3, 2015. (lcrmc3)	March 3, 2015	PACER
	MINUTE ORDER granting 64 Motion for Leave to Appear Pro Hac Vice. Charles M. Poplstein is hereby admitted to practice and appear before this Court on behalf of Defendant Washington Metropolitan Area Transit Authority in this matter. Signed by Judge Rosemary M. Collyer on March 3, 2015. (lcrmc3)	March 3, 2015	PACER
65	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tabitha G. Davisson, :Firm- Thompson Coburn LLP, :Address- 505 N. 7th Street, St. Louis, Missouri 63101. Phone No. - (314) 552-6000. Fax No. - (314) 552-7000 Filing fee $ 100, receipt number 0090-4010853. Fee Status: Fee Paid. by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Levin, Harvey) (Entered: 03/03/2015)	March 3, 2015	PACER
64	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Charles M. Poplstein, :Firm- Thompson Coburn LLP, :Address- 505 N. 7th Street, St. Louis, Missouri 63101. Phone No. - (314) 552-6000. Fax No. - (314) 552-7000 Filing fee $ 100, receipt number 0090-4010841. Fee Status: Fee Paid. by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Levin, Harvey) (Entered: 03/03/2015)	March 3, 2015	PACER
63	MOTION to Strike 1 Complaint, by EXECUTIVE PERSONNEL SERVICES, INC. (Attachments: # 1 Text of Proposed Order)(Calamis, Nat) (Entered: 03/03/2015) 1 Text of Proposed Order View on PACER	March 3, 2015	PACER
	MINUTE ORDER granting 66 Motion for Leave to Appear Pro Hac Vice. Robert J. Wagner is hereby admitted to practice and appear before this Court on behalf of Defendant Washington Metropolitan Area Transit Authority in this matter. Signed by Judge Rosemary M. Collyer on March 4, 2015. (lcrmc3)	March 4, 2015	PACER
66	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert J. Wagner, :Firm- Thompson Coburn, :Address- 505 N. 7th Street, St. Louis, Missouri, 63101. Phone No. - (314) 552-6000. Fax No. - (314) 552-7000 Filing fee $ 100, receipt number 0090-4012590. Fee Status: Fee Paid. by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (Attachments: # 1 Declaration, # 2 Proposed Order)(Levin, Harvey) (Entered: 03/04/2015)	March 4, 2015	PACER
67	Memorandum in opposition to re 63 MOTION to Strike 1 Complaint,, 62 MOTION to Strike 1 Complaint, Defendant Washington Metropolitan Area Transit Authority's Motion to Strike Class Action Allegations, 59 MOTION to Strike 1 Complaint, Defendant Diamond Transportation's Motion to Strike Class Allegations 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, # 2 Declaration, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N)(Weddle, Brandie) (Entered: 03/09/2015) 1 Text of Proposed Order View on PACER 2 Declaration View on PACER 3 Declaration View on PACER 4 Exhibit A View on PACER 5 Exhibit B View on PACER 6 Exhibit C View on PACER 7 Exhibit D View on PACER 8 Exhibit E View on PACER 9 Exhibit F View on PACER 10 Exhibit G View on PACER 11 Exhibit H View on PACER 12 Exhibit I View on PACER 13 Exhibit J View on PACER 14 Exhibit K View on PACER 15 Exhibit L View on PACER 16 Exhibit M View on PACER 17 Exhibit N View on PACER	March 9, 2015	RECAP
69	REPLY re 63 MOTION to Strike 1 Complaint, (and in support of same) filed by EXECUTIVE PERSONNEL SERVICES, INC.. (Calamis, Nat) (Entered: 03/16/2015)	March 16, 2015	PACER
68	NOTICE of Appearance by Matthew D. Berkowitz on behalf of EXECUTIVE PERSONNEL SERVICES, INC. (Berkowitz, Matthew) (Entered: 03/16/2015)	March 16, 2015	PACER
	Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 3/17/2015. (Court Reporter: Crystal Pilgrim) (cdw)	March 17, 2015	PACER
	Set/Reset Deadlines/Hearings: Diamond Transportation Services, Inc and Executive Personnel Services, Inc. response to Show Cause Order due by 3/24/2015. (cdw)	March 17, 2015	PACER
	MINUTE ORDER granting 57 Plaintiffs' Motion for Clarification of 53 Order dated February 10, 2015. The Court's Order 53 is hereby VACATED. Plaintiffs' counsel in Little v. WMATA, Civil Action Number 14-1289, do not represent Galen Pendergrass, plaintiff in Civil Action Number 15-98. Civil Action Numbers 14-1289 and 15-98 are consolidated ONLY for the purpose of discovery, and therefore all parties are directed to provide Mr. Pendergrass with copies of all discovery requests, responses, letters, and any other discovery materials. To the extent Mr. Pendergrass files any documents, he shall only do so in Civil Action Number 15-98. Signed by Judge Rosemary M. Collyer on March 17, 2015. (lcrmc3)	March 17, 2015	PACER
	MINUTE ORDER directing that, no later than March 24, 2015, Defendants Diamond Transportation Services, Inc. and Executive Personnel Services, Inc., must SHOW CAUSE as to why the Court should not strike their Motions to Strike 59 63, in light of the Court's Order dated January 26, 2015 50 . Signed by Judge Rosemary M. Collyer on March 17, 2015. (lcrmc3)	March 17, 2015	PACER
70	REPLY to opposition to motion re 62 MOTION to Strike 1 Complaint, Defendant Washington Metropolitan Area Transit Authority's Motion to Strike Class Action Allegations filed by WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. (Levin, Harvey) (Entered: 03/18/2015)	March 18, 2015	PACER
71	REPLY to opposition to motion re 59 MOTION to Strike 1 Complaint, Defendant Diamond Transportation's Motion to Strike Class Allegations Defendant Diamond Transportation's Response To Show Cause Order and Reply In Support Of Its Motion To Strike Class Allegations filed by DIAMOND TRANSPORTATION SERVICES, INC.. (Petkovich, Michael) (Entered: 03/19/2015)	March 19, 2015	PACER
72	RESPONSE TO ORDER OF THE COURT re Order, to Show Cause filed by EXECUTIVE PERSONNEL SERVICES, INC.. (Calamis, Nat) (Entered: 03/23/2015)	March 23, 2015	PACER

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Key Dates

Filing Date: July 30, 2014

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Employees or prospective employees of the Washington Metropolitan Area Transit Authority who 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:

Washington Lawyers' Committee

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Washington Metropolitan Area Transit Authoirty (District of Columbia), Regional

Defendant Type(s):