Case: United States v. Rhode Island Department of Corrections

1:14-cv-00078 | U.S. District Court for the District of Rhode Island

Filed Date: Feb. 10, 2014

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On February 10, 2014, the United States filed this lawsuit in the United States District Court for the District of Rhode Island under 42 U.S.C. § 2000e-6 ("Title VII"). The United States (the Employment Litigation Section of the Department of Justice Civil Rights Division) brought suit against the Rhode Island Department of Corrections seeking an injunction to prevent the defendant from engaging in future discrimination and back-pay damages to “make whole” those who had been harmed by the alleg…

On February 10, 2014, the United States filed this lawsuit in the United States District Court for the District of Rhode Island under 42 U.S.C. § 2000e-6 ("Title VII"). The United States (the Employment Litigation Section of the Department of Justice Civil Rights Division) brought suit against the Rhode Island Department of Corrections seeking an injunction to prevent the defendant from engaging in future discrimination and back-pay damages to “make whole” those who had been harmed by the alleged discriminatory hiring.

Factually, the complaint alleged that since 2000, the Rhode Island Department of Corrections had used separate written and video examinations in their screening and selection of applicants for entry-level correctional officer positions. The written examination and video examination were conducted on the same day, and only applicants who passed both were eligible for further consideration in the hiring process. Passing applications were then placed on a list in a descending-rank order based on their examination scores. The plaintiff alleged that this process had a statistically-significant, discriminatory impact on African-American and Hispanic applicants which gave rise to a pattern or practice of unintentional racial discrimination in violation of Title VII.

On April 25, 2014, the defendant filed a motion to dismiss for failure to state a claim, arguing that the Attorney General failed to comply with the procedural prerequisites set out in Title VII or bring the lawsuit within the time period required to obtain back pay. On January 9, 2015, Chief Judge William E. Smith denied the defendant’s motion and the case proceeded to discovery. 81 F. Supp. 3d 182.

After several years of discovery, (see, e.g., 2016 WL 4742265), the parties participated in a settlement conference on March 31, 2017. On January 26, 2018, the parties filed a joint motion for final approval of the proposed settlement agreement which the assigned Magistrate Judge Lincoln A. Almond recommended Chief Judge Smith adopt. Despite an objection from a prospective claimant, Chief Judge Smith approved the settlement agreement on May 11, 2018. 2018 WL 217557. The settlement agreement required Rhode Island to stop using the written and video examination, create a new selection device without a racially disparate impact, hire up to thirty-seven prospective claimants with retroactive seniority benefits, and provide $450,000 in monetary relief to be distributed pro rata.

On May 13, 2018, one complainant filed an appeal of the settlement with U.S. Court of Appeals for the First Circuit. All proceedings in the district court were stayed pending the appeal. On July 3, 2018, appellants filed a motion to dismiss. Noting that the appellant was not a party to the suit and not bound by the agreement, the Court concluded it lacked jurisdiction to hear the appeal and granted the motion to dismiss. The case is now closed.

Summary Authors

Claire Lally (10/21/2014)

Hope Brinn (12/22/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5094530/parties/united-states-v-state-of-rhode-island-department-of-corrections/


Judge(s)

Almond, Lincoln D. (Rhode Island)

Smith, William E. (Rhode Island)

Attorneys(s) for Plaintiff

Abdulaleem, Raheemah (District of Columbia)

Banaszak, Elizabeth Belle (District of Columbia)

Bloom, Shayna (District of Columbia)

Geller, Clare F (District of Columbia)

Given, Emily Adams (District of Columbia)

Givens, Emily K. (New Jersey)

Gore, John M. (District of Columbia)

Kennebrew, Delora L. (District of Columbia)

Judge(s)

Almond, Lincoln D. (Rhode Island)

Smith, William E. (Rhode Island)

Attorneys(s) for Plaintiff

Abdulaleem, Raheemah (District of Columbia)

Banaszak, Elizabeth Belle (District of Columbia)

Bloom, Shayna (District of Columbia)

Geller, Clare F (District of Columbia)

Given, Emily Adams (District of Columbia)

Givens, Emily K. (New Jersey)

Gore, John M. (District of Columbia)

Kennebrew, Delora L. (District of Columbia)

Lopez, Louis (District of Columbia)

Myrus, Richard B. (Rhode Island)

Neronha, Peter F. (Rhode Island)

Reese, David Nathan (District of Columbia)

Salazar, Kunti D. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Attorneys(s) for Defendant

Kelly, Neil F.X. (Rhode Island)

Kilmartin, Peter F. (Rhode Island)

Lyons, Thomas W. (Rhode Island)

Mullaney, Edward G. (Rhode Island)

Ormonde, Mariana E. (Rhode Island)

Partington, Rebecca Tedford (Rhode Island)

Yaffee, Ariele (Rhode Island)

Other Attorney(s)

Huffman, Rhiannon S. (Rhode Island)

Documents in the Clearinghouse

Document

1:14-cv-00078

Docket [PACER]

Nov. 1, 2018

Nov. 1, 2018

Docket
1

1:14-cv-00078

Complaint

2014 WL 540351

Feb. 10, 2014

Feb. 10, 2014

Complaint
9

1:14-cv-00078

Motion to Dismiss

April 25, 2014

April 25, 2014

Pleading / Motion / Brief
22

1:14-cv-00078

Memorandum and Order

Jan. 29, 2015

Jan. 29, 2015

Order/Opinion
80-1

1:14-cv-00078

Settlement Agreement

United States of America v. State of Rhode Island Department of Corrections

Sept. 18, 2017

Sept. 18, 2017

Settlement Agreement
85-1

1:14-cv-00078

Memorandum in Support of the Joint Motion for Final Approval of the Settlement Agreement and Responses to Objections

Jan. 26, 2018

Jan. 26, 2018

Pleading / Motion / Brief
99

1:14-cv-00078

Order

2018 WL 2175557

May 11, 2018

May 11, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5094530/united-states-v-state-of-rhode-island-department-of-corrections/

Last updated June 1, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Farrell Pletcher, Paula) (Entered: 02/10/2014)

1 Civil Cover Sheet

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Feb. 10, 2014

Feb. 10, 2014

PACER
2

NOTICE of Appearance by Neil F.X. Kelly on behalf of State of Rhode Island, State of Rhode Island Department of Corrections (Kelly, Neil) (Entered: 02/13/2014)

Feb. 13, 2014

Feb. 13, 2014

PACER
3

NOTICE of Appearance by Rebecca Tedford Partington on behalf of State of Rhode Island, State of Rhode Island Department of Corrections (Partington, Rebecca) (Entered: 02/13/2014)

Feb. 13, 2014

Feb. 13, 2014

PACER
4

WAIVER OF SERVICE Returned Executed by United States of America. State of Rhode Island waiver sent on 2/10/2014, answer due 4/11/2014. (Rogers, Mary) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER
5

NOTICE of Appearance by Kathleen M. Kelly on behalf of State of Rhode Island Department of Corrections (Duhamel, John) (Entered: 03/05/2014)

March 5, 2014

March 5, 2014

PACER
6

STIPULATION by All Defendants. (Kelly, Neil) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER

TEXT ORDER Entering 6 Stipulation filed by State of Rhode Island, State of Rhode Island Department of Corrections, United States of America. So Ordered by Chief Judge William E. Smith on 4/14/14. (Jackson, Ryan)

April 14, 2014

April 14, 2014

PACER

Reset Deadlines: State of Rhode Island answer due 4/25/2014; State of Rhode Island Department of Corrections answer due 4/25/2014. (Jackson, Ryan)

April 14, 2014

April 14, 2014

PACER
7

NOTICE of Appearance by Ariele Yaffee on behalf of All Defendants (Yaffee, Ariele) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
8

NOTICE of Appearance by Edward G. Mullaney on behalf of All Defendants (Mullaney, Edward) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
9

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Defendants. Responses due by 5/12/2014 (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I - redacted, # 11 Exhibit J, # 12 Exhibit K - redacted, # 13 Exhibit L, # 14 Exhibit M)(Kelly, Neil) (Entered: 04/25/2014)

1 Supporting Memorandum

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I - redacted

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11 Exhibit J

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12 Exhibit K - redacted

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13 Exhibit L

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14 Exhibit M

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April 25, 2014

April 25, 2014

PACER
10

MOTION for an Extension of Time to File Answer filed by All Defendants. Responses due by 5/12/2014 (Kelly, Neil) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
11

MOTION to Seal Document filed by State of Rhode Island, State of Rhode Island Department of Corrections. (Urizandi, Nisshy) (Additional attachment(s) added on 8/11/2016: # 1 motion to seal) (Capraro, Dona). (Entered: 04/28/2014)

April 25, 2014

April 25, 2014

PACER

TEXT ORDER granting 11 Motion to Seal Document. So Ordered by Chief Judge William E. Smith on 4/29/2014. (Urizandi, Nisshy)

April 29, 2014

April 29, 2014

PACER

TEXT ORDER granting 10 Motion for Extension of Time to Answer Complaint. So Ordered by Chief Judge William E. Smith on 4/30/14. (Jackson, Ryan)

April 30, 2014

April 30, 2014

PACER
13

Consent MOTION for an Extension of Time filed by United States of America. Responses due by 5/27/2014 (Geller, Clare) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER

TEXT ORDER granting 13 Motion for Extension of Time to respond to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM up to and including 5/22/14. So Ordered by Chief Judge William E. Smith on 5/13/14. (Jackson, Ryan)

May 13, 2014

May 13, 2014

PACER
14

RESPONSE in Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by United States of America. (Geller, Clare) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
15

MOTION for an Extension of Time to File Response/Reply as to 14 Response in Opposition to Motion filed by All Defendants. Responses due by 6/9/2014 (Kelly, Neil) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER

TEXT ORDER granting 15 Motion for Extension of Time to File Response/Reply re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; Replies due by 5/30/2014. So Ordered by Chief Judge William E. Smith on 5/27/14. (Jackson, Ryan)

May 27, 2014

May 27, 2014

PACER

NOTICE of Hearing on Motion 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing scheduled for 8/5/2014 at 10:00 AM in Courtroom 2 before Chief Judge William E. Smith. (Jackson, Ryan)

May 28, 2014

May 28, 2014

PACER
16

REPLY to Response to Motion re 14 Response in Opposition to Motion filed by State of Rhode Island, State of Rhode Island Department of Corrections. (Kelly, Neil) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
17

Consent MOTION for Leave to File Surreply filed by United States of America. Responses due by 6/23/2014 (Attachments: # 1 Exhibit 1 Surreply)(Geller, Clare) (Entered: 06/06/2014)

1 Exhibit 1 Surreply

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June 6, 2014

June 6, 2014

PACER

TEXT ORDER granting 17 Motion for Leave to File Surreply. So Ordered by Chief Judge William E. Smith on 6/10/14. (Jackson, Ryan)

June 10, 2014

June 10, 2014

PACER
18

NOTICE by State of Rhode Island, State of Rhode Island Department of Corrections of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kelly, Neil) (Entered: 07/30/2014)

1 Exhibit A

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2 Exhibit B

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July 30, 2014

July 30, 2014

PACER

Minute Entry for proceedings held before Chief Judge William E. Smith: Motion Hearing held on 8/5/2014 re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by State of Rhode Island, State of Rhode Island Department of Corrections. (Geller, Kelly, Partington) Court addresses. Arguments heard. Court takes matter under advisement and will issue a written ruling. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 10:10 a.m.) (Urizandi, Nisshy)

Aug. 5, 2014

Aug. 5, 2014

PACER
19

TRANSCRIPT ORDER for proceedings held on August 5, 2014 before Judge Smith.. (Geller, Clare) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

PACER
20

TRANSCRIPT ORDER for proceedings held on 8-5-14 before Judge William E. Smith.. (Kelly, Neil) (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

PACER
21

TRANSCRIPT of Defendant's Motion to Dismiss held on August 5, 2014, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion.. Redaction Request due 9/12/2014. Redacted Transcript Deadline set for 9/22/2014. Release of Transcript Restriction set for 11/20/2014. (Clayton, Anne) (Entered: 08/22/2014)

Aug. 22, 2014

Aug. 22, 2014

PACER
22

MEMORANDUM AND ORDER denying 9 Motion to Dismiss for Failure to State a Claim. So Ordered by Chief Judge William E. Smith on 1/29/15. (Jackson, Ryan) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

RECAP

NOTICE of Hearing: Status Conference scheduled for 2/27/2015 at 11:00 AM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan)

Feb. 5, 2015

Feb. 5, 2015

PACER
23

ANSWER to 1 Complaint by State of Rhode Island, State of Rhode Island Department of Corrections.(Kelly, Neil) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER

Reset Hearings re: Notice of Status Conference RE-SCHEDULED for Wednesday 2/18/2015 at 9:30 AM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan)

Feb. 12, 2015

Feb. 12, 2015

PACER

Reset Hearings re: Status Conference RE-SCHEDULED for 3/6/2015 at 10:00 AM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan)

Feb. 13, 2015

Feb. 13, 2015

PACER
24

AMENDED ANSWER to 1 Complaint by State of Rhode Island, State of Rhode Island Department of Corrections. (Kelly, Neil) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER

Reset Hearings re: Status Conference re-scheduled for 3/6/2015 at 2:30 PM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan)

March 4, 2015

March 4, 2015

PACER
25

NOTICE by United States of America Regarding Proposed Discovery Plan (Attachments: # 1 Text of Proposed Order United States' Proposed Discovery Plan, # 2 Text of Proposed Order United States' Proposed ESI Order)(Banaszak, Elizabeth) (Entered: 03/05/2015)

1 Text of Proposed Order United States' Proposed Discovery Plan

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2 Text of Proposed Order United States' Proposed ESI Order

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March 5, 2015

March 5, 2015

PACER

Minute Entry for proceedings held before Chief Judge William E. Smith: Status Conference held on 3/6/2015; counsel present: C. Geller, E. Banaszark; N. Kelly, R. Partington, K. Kelly, A. Yaffee. (Jackson, Ryan)

March 6, 2015

March 6, 2015

PACER

TEXT ORDER: Defendants' Motion for Leave to File Interlocutory Appeal is due on or before 3/27/15; Plaintiff's Objection is due on or before 4/13/15; Defendants' Reply is due on 4/20/15. So Ordered by Chief Judge William E. Smith on 3/9/15. (Jackson, Ryan)

March 9, 2015

March 9, 2015

PACER
26

PRETRIAL SCHEDULING ORDER: Factual Discovery to be completed by 10/20/2015; All Expert Discovery to be completed by 4/11/2016; Dispositive Motions due by 5/11/2016; Pretrial Memorandum due 30 days after decision on any pending motion, or if no motions are pending, by 5/20/16; and additional dates as ordered in this Pretrial Scheduling Order. So Ordered by Chief Judge William E. Smith on 3/10/15. (Jackson, Ryan) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER

NOTICE of Hearing: Telephone Conference set for 3/19/2015 04:00 PM before Magistrate Judge Lincoln D. Almond. The Court will initiate the call. Counsel to participate: Geller, Banaszak, N. Kelly, Partington, Yaffee, K. Kelly. (Noel, Jeannine)

March 11, 2015

March 11, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference held on 3/19/2015. (Noel, Jeannine)

March 19, 2015

March 19, 2015

PACER
27

SETTLEMENT CONFERENCE ORDER AND NOTICE OF Settlement Conference set for 5/20/2015 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond. Telephone Conference set for 5/6/2015 04:00 PM before Magistrate Judge Lincoln D. Almond. The court will initiate the call. So Ordered by Magistrate Judge Lincoln D. Almond on 3/20/2015. (Noel, Jeannine) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
28

NOTICE of Appearance by Raheemah F. Abdulaleem on behalf of United States of America (Abdulaleem, Raheemah) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
29

MOTION for Leave to Appeal WITH SUPPORTING MEMO filed by All Defendants. Responses due by 4/13/2015 (Attachments: # 1 Supporting Memorandum)(Kelly, Neil) (Entered: 03/27/2015)

1 Supporting Memorandum

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March 27, 2015

March 27, 2015

PACER
30

Joint MOTION for Protective Order filed by All Plaintiffs. Responses due by 4/17/2015 (Attachments: # 1 Text of Proposed Order)(Abdulaleem, Raheemah) (Entered: 03/31/2015)

1 Text of Proposed Order

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March 31, 2015

March 31, 2015

PACER
31

SUPPLEMENTAL MEMORANDUM/EXHIBIT IN SUPPORT by All Defendants in support of 29 MOTION for Leave to Appeal . (Kelly, Neil) Modified on 5/22/2015: edited document title (Jackson, Ryan). (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
32

Consent MOTION for an Extension of Time to File Response/Reply as to 29 MOTION for Leave to Appeal filed by United States of America. Responses due by 4/27/2015 (Abdulaleem, Raheemah) (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

PACER

TEXT ORDER granting 32 Motion for Extension of Time to File Response to 29 MOTION for Leave to Appeal; Responses due by 4/20/2015. So Ordered by Chief Judge William E. Smith on 4/10/15. (Jackson, Ryan)

April 10, 2015

April 10, 2015

PACER
33

ORDER granting 30 Motion for Protective Order. So Ordered by Chief Judge William E. Smith on 4/10/15. (Jackson, Ryan) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

PACER
34

RESPONSE in Opposition re 29 MOTION for Leave to Appeal WITH SUPPORTING MEMO filed by United States of America. (Abdulaleem, Raheemah) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER
35

MOTION for an Extension of Time to File Response/Reply as to 34 Response in Opposition to Motion filed by All Defendants. Responses due by 5/11/2015 (Kelly, Neil) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER

TEXT ORDER granting 35 Motion for Extension of Time to File Reply re: 29 MOTION for Leave to Appeal; Replies due by 5/4/2015. So Ordered by Chief Judge William E. Smith on 4/27/15. (Jackson, Ryan)

April 27, 2015

April 27, 2015

PACER
36

REPLY to Response to Motion re 34 Response in Opposition to Motion filed by All Defendants. (Kelly, Neil) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference with Attorneys Abdulaleem, Banaszak, Geller, Kathleen Kelly and Neil Kelly held on 5/6/2015. (Noel, Jeannine)

May 6, 2015

May 6, 2015

PACER
37

Consent MOTION to Continue Settlement Conference filed by United States of America. Responses due by 6/4/2015 (Geller, Clare) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER

TEXT ORDER granting 37 Motion to Continue; Set/Reset Hearings:Settlement Conference set for 5/20/2015 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond has been rescheduled ( Settlement Conference set for 6/4/2015 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond.). So Ordered by Magistrate Judge Lincoln D. Almond on 5/19/15. (Saucier, Martha)

May 19, 2015

May 19, 2015

PACER
38

Process Return and Receipt Executed by United States Marshal (Urizandi, Nisshy) (Entered: 05/29/2015)

May 29, 2015

May 29, 2015

PACER
39

NOTICE of Appearance by David N. Reese on behalf of United States of America (Reese, David) (Entered: 06/02/2015)

June 2, 2015

June 2, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Settlement Conference held on 6/4/2015. (Noel, Jeannine)

June 4, 2015

June 4, 2015

PACER

NOTICE of Hearing: Telephone Conference set for 6/16/2015 04:30 PM before Magistrate Judge Lincoln D. Almond. The court will initiate the call. (Noel, Jeannine)

June 5, 2015

June 5, 2015

PACER
40

Joint MOTION to Amend/Correct Protective Order filed by United States of America. Responses due by 6/29/2015 (Attachments: # 1 Text of Proposed Order Amended Protective Order)(Banaszak, Elizabeth) (Entered: 06/12/2015)

1 Text of Proposed Order Amended Protective Order

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June 12, 2015

June 12, 2015

PACER

RESCHEDULING NOTICE of Hearing: Telephone Conference RESCHEDULED for 7/8/2015 04:00 PM before Magistrate Judge Lincoln D. Almond. MOVED FROM 6/16/2015 PER LETTER FROM ATTY KELLY. The court will initiate the call. (Noel, Jeannine)

June 15, 2015

June 15, 2015

PACER
41

AMENDED PROTECTIVE ORDER granting 40 Joint MOTION to Amend/Correct Protective Order. So Ordered by Magistrate Judge Lincoln D. Almond on 6/17/2015. (Noel, Jeannine) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

PACER
42

STIPULATION that Defendants may have up to and including July 30, 2015, within which to answer or otherwise respond to Plaintiffs First Request for Production of Documents and Plaintiffs First Set of Interrogatories. by All Defendants. (Kelly, Neil) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference held on 7/8/2015. (Chambers at 4:00.) (Saucier, Martha)

July 8, 2015

July 8, 2015

PACER

NOTICE of Hearing: Telephone Conference set for 8/11/2015 04:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond with counsel of record. Court to initiate the call. (Saucier, Martha)

July 8, 2015

July 8, 2015

PACER

Set/Reset Hearings: Telephone Conference set for 8/11/2015 04:00 PM in before Magistrate Judge Lincoln D. Almond has been rescheduled at request of counsel. Telephone Conference RESCHEDULED for 8/31/2015 04:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond with all counsel of record. Court to initiate the call. (Saucier, Martha)

Aug. 11, 2015

Aug. 11, 2015

PACER
43

NOTICE of Appearance by Kunti D. Salazar on behalf of United States of America (Salazar, Kunti) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference with Attorneys Banaszak, Reese, Salazar, Dingley, Yaffee, Kathleen Kelly and Neil Kelly held on 8/31/2015. (Noel, Jeannine)

Aug. 31, 2015

Aug. 31, 2015

PACER
44

Process Return and Receipt Executed by United States Marshal, SUBPOENA Returned Executed as to Carl Swander. (Urizandi, Nisshy) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
45

ORDER denying 29 Motion for Leave to Appeal. So Ordered by Chief Judge William E. Smith on 9/21/2015. (Jackson, Ryan) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

RECAP
46

MOTION for an Extension of Time to Complete Discovery (Unopposed) filed by United States of America. Responses due by 10/13/2015 (Banaszak, Elizabeth) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER

TEXT ORDER granting 46 Motion for Extension of Time to Complete Discovery. So Ordered by Chief Judge William E. Smith on 10/1/15. (Jackson, Ryan)

Oct. 1, 2015

Oct. 1, 2015

PACER

Reset Deadlines: Factual Discovery to close by 1/20/2016; All Expert Discovery to close by 7/11/2016; Dispositive Motions due by 8/11/2016; Pretrial Memorandum due 30 days after decision on any pending motion, or if no motions are pending, by 8/22/2016. (Jackson, Ryan)

Oct. 1, 2015

Oct. 1, 2015

PACER
47

STIPULATION Regarding Applicant Flow Data by United States of America. (Banaszak, Elizabeth) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER

NOTICE of Hearing: Telephone Conference set for 11/30/2015 04:30 PM before Magistrate Judge Lincoln D. Almond. The court will initiate the call. (Noel, Jeannine)

Nov. 16, 2015

Nov. 16, 2015

PACER

HEARING CANCELLED - Telephone Conference CANCELLED for 11/30/2015 04:30 PM before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine)

Nov. 17, 2015

Nov. 17, 2015

PACER
48

MOTION to Compel The Rule 30(b)(1) Fact Deposition of Defendants' Witness Paul Kennedy And For An Expedited Ruling With Supporting Memo filed by United States of America. Responses due by 12/14/2015 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Salazar, Kunti) (Entered: 11/25/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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Nov. 25, 2015

Nov. 25, 2015

PACER
49

MOTION to Quash WITH SUPPORTING MEMO filed by State of Rhode Island, State of Rhode Island Department of Corrections. Responses due by 12/14/2015 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Supporting Memorandum)(Kelly, Neil) (Entered: 11/25/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Supporting Memorandum

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Nov. 25, 2015

Nov. 25, 2015

PACER

NOTICE of TELEPHONIC Hearing on Motion 49 MOTION to Quash, 48 MOTION to Compel The Rule 30(b)(1) Fact Deposition of Defendants' Witness Paul Kennedy And For An Expedited Ruling : TELEPHONIC Motion Hearing set for 12/7/2015 11:00 AM before Magistrate Judge Lincoln D. Almond. THE COURT WILL INITIATE THE CALL. (Noel, Jeannine)

Dec. 1, 2015

Dec. 1, 2015

PACER
50

RESPONSE in Opposition re 48 MOTION to Compel The Rule 30(b)(1) Fact Deposition of Defendants' Witness Paul Kennedy And For An Expedited Ruling with supporting memo filed by State of Rhode Island, State of Rhode Island Department of Corrections. Replies due by 12/14/2015. (Attachments: # 1 Supporting Memorandum)(Kelly, Neil) (Entered: 12/02/2015)

1 Supporting Memorandum

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Dec. 2, 2015

Dec. 2, 2015

PACER
51

RESPONSE in Opposition re 49 MOTION to Quash With Supporting Memo filed by United States of America. Replies due by 12/14/2015. (Attachments: # 1 Exhibit 1, United States' Rebuttal to Defendants' Exh. E (Dkt. 49-5))(Banaszak, Elizabeth) (Entered: 12/02/2015)

1 Exhibit 1, United States' Rebuttal to Defendants' Exh. E (Dkt. 49-5)

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Dec. 2, 2015

Dec. 2, 2015

PACER
52

REPLY to Response to Motion re 50 Response in Opposition to Motion, Reply in Support of United States' Motion to Compel With Supporting Memo filed by United States of America. (Banaszak, Elizabeth) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER
53

REPLY MEMORANDUM re 49 MOTION to Quash . (Kelly, Neil) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Motion Hearing held on 12/7/2015 re 48 MOTION to Compel The Rule 30(b)(1) Fact Deposition of Defendants' Witness Paul Kennedy And For An Expedited Ruling filed by United States of America, 49 MOTION to Quash filed by State of Rhode Island, State of Rhode Island Department of Corrections (Banaszak, Geller, Reese, Salazar, Kelly, Yaffee) Argument; Court takes matter under advisement; Order to follow (Courtroom A at 11:06 am.) (Noel, Jeannine)

Dec. 7, 2015

Dec. 7, 2015

PACER

TEXT ORDER granting in part and denying in part 48 Motion to Compel; granting in part and denying in part 49 Motion to Quash. Both Motions are GRANTED in part and DENIED in part as follow: The fact deposition of Mr. Kennedy by Plaintiff may go forward but shall be limited in duration to four (4) hours and he shall not be asked any of the same questions that he was asked as a Rule 30(b)(6) designee. So Ordered by Magistrate Judge Lincoln D. Almond on 12/7/2015. (Noel, Jeannine)

Dec. 7, 2015

Dec. 7, 2015

PACER
54

NOTICE of Appearance by Mariana E. Ormonde on behalf of All Defendants (Ormonde, Mariana) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
55

MOTION to Compel 30(b)(6) Testimony from Plaintiff United States and for Expedited Ruling WITH SUPPORTING MEMO filed by State of Rhode Island, State of Rhode Island Department of Corrections. Responses due by 2/29/2016 (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Kelly, Neil) (Entered: 02/10/2016)

1 Supporting Memorandum

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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Feb. 10, 2016

Feb. 10, 2016

PACER

NOTICE of TELEPHONIC Hearing on Motion 55 MOTION to Compel 30(b)(6) Testimony from Plaintiff United States and for Expedited Ruling : TELEPHONIC Motion Hearing set for 2/23/2016 11:00 AM before Magistrate Judge Lincoln D. Almond. PARTIES WILL RECEIVE CALL IN INSTRUCTIONS VIA EMAIL. (Noel, Jeannine)

Feb. 11, 2016

Feb. 11, 2016

PACER
56

RESPONSE in Opposition re 55 MOTION to Compel 30(b)(6) Testimony from Plaintiff United States and for Expedited Ruling WITH SUPPORTING MEMO filed by United States of America. Replies due by 2/29/2016. (Attachments: # 1 Exhibit Declaration of Principal Deputy AAG Gupta)(Banaszak, Elizabeth) (Entered: 02/17/2016)

1 Exhibit Declaration of Principal Deputy AAG Gupta

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Feb. 17, 2016

Feb. 17, 2016

PACER
57

REPLY to Response to Motion re 56 Response in Opposition to Motion, filed by State of Rhode Island, State of Rhode Island Department of Corrections. (Attachments: # 1 Exhibit F)(Yaffee, Ariele) (Entered: 02/22/2016)

1 Exhibit F

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Feb. 22, 2016

Feb. 22, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: TELEPHONIC Motion Hearing held on 2/23/2016 re 55 MOTION to Compel 30(b)(6) Testimony from Plaintiff United States and for Expedited Ruling filed by State of Rhode Island, State of Rhode Island Department of Corrections (Reese, Salazar, Banaszak, Geller, Yaffee, Kelly, Ormonde) All Counsel via phone; Argument; Court takes matter under advisement; Order to follow (Courtroom A at 11:08 am.) (Noel, Jeannine)

Feb. 23, 2016

Feb. 23, 2016

PACER

TEXT ORDER granting in part and denying in part 55 Motion to Compel. Plaintiff shall produce a deponent(s) pursuant to Rule 30(b)(6) to testify on March 3, 2016 as to Topics 1, 2, 3, 4, 6, 7, and 8. Such questioning is, however, subject to good faith objection by Plaintiff's counsel and an instruction not to answer only when reasonably necessary to preserve any asserted privileges. When a privilege is asserted, Plaintiff's counsel shall identify the particular privilege on the record, and briefly describe the general nature of the allegedly privileged information that is being elicited by the question under objection to allow for later review and assessment of the privilege claim, if necessary. Plaintiff's objections to Topics 5, 9 and 10 are sustained and Defendants' Motion is DENIED as to those Topics. Finally, the deponent(s) may not be asked any questions regarding experts and their opinions that will be the subject of later disclosure pursuant to Rule 26(a)(2)(B) or are protected from disclosure under Rule 26(b)(4)(D). So Ordered by Magistrate Judge Lincoln D. Almond on 2/23/2016. (Noel, Jeannine)

Feb. 23, 2016

Feb. 23, 2016

PACER
58

TRANSCRIPT ORDER Hearing on Motion to Compel for proceedings held on 2/23/2016 before Judge Almond.. (Yaffee, Ariele) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
59

TRANSCRIPT ORDER Hearing on Defendants' Motion to Compel for proceedings held on Feb. 23, 2016 before Judge Almond.. (Banaszak, Elizabeth) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
60

APPEAL OF MAGISTRATE JUDGE DECISION AND ORDER by State of Rhode Island, State of Rhode Island Department of Corrections Objection to Text Order dated 2/24/16. Replies due by 3/25/2016. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A)(Kelly, Neil) Modified on 3/10/2016: entry event title and response deadline (Jackson, Ryan). (Entered: 03/08/2016)

1 Supporting Memorandum

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2 Exhibit A

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March 8, 2016

March 8, 2016

PACER

Notice of Correction re: 60 APPEAL OF MAGISTRATE JUDGE DECISION AND ORDER. (Jackson, Ryan)

March 10, 2016

March 10, 2016

PACER
61

TRANSCRIPT of Motion to Compel Deposition Testimony, held on February 23, 2016, before Magistrate Judge Lincoln D. Almond. Court Reporter Denise P. Veitch, Telephone number 401-323-9337. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 4/1/2016. Redacted Transcript Deadline set for 4/11/2016. Release of Transcript Restriction set for 6/9/2016. (Veitch, Denise) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
62

MOTION for an Extension of Time to Complete Discovery filed by State of Rhode Island, State of Rhode Island Department of Corrections. Responses due by 4/4/2016 (Kelly, Neil) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER

Case Details

State / Territory: Rhode Island

Case Type(s):

Equal Employment

Key Dates

Filing Date: Feb. 10, 2014

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Employment Litigation Section of the Department of Justice Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Rhode Island Department of Corrections, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 450,000

Content of Injunction:

Hire

Other requirements regarding hiring, promotion, retention

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Hiring

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic