Case: United States v. Consolidated City of Jacksonville

3:12-cv-00451 | U.S. District Court for the Middle District of Florida

Filed Date: April 23, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 23, 2012, the United States on behalf of black firefighters filed a lawsuit in the U.S. District Court for the Middle District of Florida, under Title VII of the Civil Rights Act of 1964 and against the Consolidated City of Jacksonville, FL and the union representing its firefighters. The plaintiffs sought declaratory and injunctive relief as well as monetary compensation, alleging that the Jacksonville Fire and Rescue Department's practice of testing to screen and select candidates fo…

On April 23, 2012, the United States on behalf of black firefighters filed a lawsuit in the U.S. District Court for the Middle District of Florida, under Title VII of the Civil Rights Act of 1964 and against the Consolidated City of Jacksonville, FL and the union representing its firefighters. The plaintiffs sought declaratory and injunctive relief as well as monetary compensation, alleging that the Jacksonville Fire and Rescue Department's practice of testing to screen and select candidates for promotion had a disparate impact on black firefighters.

On April 30, 2013, the NAACP and Jacksonville Brotherhood of Firefighters filed a complaint in intervention, echoing the claims and allegations of the United States while adding to the action several named plaintiffs and a class of Black Firefighters who tested for and were denied promotion while the testing practice was in place.

The District Court (Judge Timothy J. Corrigan) denied the plaintiff's motion for preliminary injunction on December 27, 2013. In their motion, the U.S. asked that the Jacksonville Fire Department be required to set aside five slots from the next round of promotions following the November 2013 test for those fire suppression captain candidates allegedly discriminated against on the 2004 and 2008 test administrations. The court denied the motion because the remedy offered did not correlate to the severity of the alleged injury, it would be difficult for the city to administer, and the plaintiffs had not established that they were likely to succeed on the merits of their case.

On June 9, 2015, the court granted partial summary judgment for the plaintiff finding the plaintiff successfully established a prima facie case of disparate impact, which enabled the parties to engage in additional phases of discovery. 2015 WL 3618367. Over the next eighteen months, the parties participated in discovery. The plaintiff amended the complaint three times, the latest of which was filed on November 28, 2016.

On January 13, 2017, the parties notified the court that they had reached a tentative settlement and requested the case be removed from the trial calendar. After months of completing prerequisites for a settlement agreement, a fairness hearing took place on December 19, 2018. Judge Corrigan approved the agreement in a consent decree on February 5, 2019. The settlement included total payments of $4.9M in individual relief to classmembers and creation of new promotion examinations. The agreement also awarded attorneys' fees to counsel for the NAACP in the event it took over monitoring and enforcement of the decree from the U.S. The decree was set to remain in effect for the duration of settlement payments; fulfillment of the defendant's obligation to create the promotion positions; and completion of the second regular test administration of the new promotion procedure. The consent decree included details on this procedure and the promotion positions.

The court held a second fairness hearing in May 23, 2019 and in June the court directed the parties to proceed with administration of individual relief.

The case is ongoing as the consent decree is under enforcement.

Summary Authors

Benjamin St. Pierre (10/15/2014)

Cade Boland (11/11/2017)

Maddie McFee (11/25/2019)

Related Cases

NAACP Jacksonville Branch v. Consolidated City of Jacksonville, Middle District of Florida (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4226439/parties/united-states-v-consolidated-city-of-jacksonville/


Judge(s)

Corrigan, Timothy J. (Florida)

Richardson, Monte C. (Florida)

Attorneys(s) for Plaintiff

Adelstein, Jay (District of Columbia)

Anglade, Woody (District of Columbia)

Kelley, Mateya (District of Columbia)

Kennebrew, Delora L. (District of Columbia)

McEntire, Brian Glen (District of Columbia)

Monteiro, Jeremy (District of Columbia)

O'neill, Robert E (District of Columbia)

Perez, Thomas E. (District of Columbia)

Judge(s)

Corrigan, Timothy J. (Florida)

Richardson, Monte C. (Florida)

Attorneys(s) for Plaintiff

Adelstein, Jay (District of Columbia)

Anglade, Woody (District of Columbia)

Kelley, Mateya (District of Columbia)

Kennebrew, Delora L. (District of Columbia)

McEntire, Brian Glen (District of Columbia)

Monteiro, Jeremy (District of Columbia)

O'neill, Robert E (District of Columbia)

Perez, Thomas E. (District of Columbia)

Pettis, Yohance Asim (Florida)

Ruiz, Hector F. (District of Columbia)

Stegeby, Erik Kenneth (Florida)

Tejani, Sharyn A. (District of Columbia)

Attorneys(s) for Defendant

Bilik, Robert Eric (Florida)

Deem, Christopher B (Florida)

Donnelly, Paul Andrew (Florida)

Feinstein, Joshua Isaac (New York)

Feiser, Craig D. (Florida)

Laquidara, Cindy A (Florida)

Mairs, Rita Marie (Florida)

Mirando, Carol (Florida)

Phillips, Jon Robert (Florida)

Pinkstaff, Tiffiny Douglas (Florida)

Powell, Stephen J (Florida)

Rottmann, Emily Yandle (Florida)

Safi, Tiffiny Douglass (Florida)

Sullivan, James Haddon III (Florida)

Teodorescu, Adina (Florida)

Yoon, Jung (Florida)

Other Attorney(s)

Bishop, Christy (Ohio)

Blustein, Benjamin Jay (District of Columbia)

Dolkart, Jane L. (District of Columbia)

Doolittle, Kristen L (Florida)

Elfvin, Bruce B (Ohio)

Foslid, Kristen Marie (Florida)

Henrichsen, Neil L (Florida)

Libman, Robert S (District of Columbia)

McClain, Ray (District of Columbia)

Thompson, Dennis (Ohio)

Weisberg, Robert E. (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 22, 2019 Docket
1

Complaint

US v. Consolidated City of Jacksonville

April 23, 2012 Complaint
53

Complaint in Intervention

US v. Consolidated City of Jacksonville

April 30, 2013 Complaint
103

Order Denying Motion for Preliminary Injunction

US v. Consolidated City of Jacksonville

2013 WL 6844399

Dec. 27, 2013 Order/Opinion
393

Consent Decree

Feb. 5, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4226439/united-states-v-consolidated-city-of-jacksonville/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Consolidated City of Jacksonville, Jacksonville Association of Firefighters, Local 122, International Association of Firefighters, filed by United States of America.(DTS) Modified to edit text on 4/25/2012 (DTS). (Entered: 04/24/2012)

April 23, 2012 RECAP
2

AMENDED STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by all Jacksonville Judges on 5/25/2005. (DTS) (Entered: 04/24/2012)

April 24, 2012 PACER
3

ORDER reassigning this case to the Honorable Timothy J. Corrigan for all further proceedings. Signed by Judge Marcia Morales Howard on 4/25/2012. (JW) (Entered: 04/25/2012)

April 25, 2012 PACER
4

Case Reassigned to Judge Timothy J. Corrigan. New case number: 3:12CV451-J-32MCR. Judge Unassigned Judge MMH no longer assigned to the case. (DTS) (Entered: 04/26/2012)

April 26, 2012 PACER

SUMMONS issued as to Consolidated City of Jacksonville, Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (DSY)

April 26, 2012 PACER
5

NOTICE of Appearance by Cindy A. Laquidara on behalf of Consolidated City of Jacksonville (Laquidara, Cindy) (Entered: 04/30/2012)

April 30, 2012 PACER
6

NOTICE of Appearance by Adina Teodorescu on behalf of Consolidated City of Jacksonville (Teodorescu, Adina) (Entered: 04/30/2012)

April 30, 2012 PACER
7

NOTICE of Appearance by Craig D. Feiser on behalf of Consolidated City of Jacksonville (Feiser, Craig) (Entered: 04/30/2012)

April 30, 2012 PACER
8

JOINT Motion for extension of time to answer re 1 Complaint by Consolidated City of Jacksonville. (Teodorescu, Adina) (Counsel notified regarding correct District Judge Code) (Modified on 5/2/2012 to edit text) (DSY). (Entered: 04/30/2012)

April 30, 2012 PACER
9

ENDORSED ORDER granting 8 Motion for extension of time to file response/reply. Defendant, Consolidated City of Jacksonville, shall file its response to the Complaint on or before 6/26/2012. Signed by Magistrate Judge Monte C. Richardson on 5/2/2012. (MOH) (Entered: 05/02/2012)

May 2, 2012 PACER
10

NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 5/4/2012. (Attachments: # 1 Case Management Report form, # 2 Consent to US Magistrate letter)(MGG) (Entered: 05/04/2012)

1 Case Management Report form

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2 Consent to US Magistrate letter

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May 4, 2012 PACER
11

NOTICE of Appearance by Paul Andrew Donnelly on behalf of Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters (Donnelly, Paul) (Entered: 05/08/2012)

May 8, 2012 PACER
12

NOTICE of Appearance by Jung Yoon on behalf of Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters (Yoon, Jung) (Modified on 5/10/2012 to edit text) (DSY). (Entered: 05/08/2012)

May 8, 2012 PACER
13

UNOPPOSED Motion for extension of time to file Responsive Pleading as to 1 Complaint by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Yoon, Jung) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 5/10/2012 to edit text) (DSY). (Entered: 05/08/2012)

May 8, 2012 PACER
14

NOTICE of Appearance by Jung Yoon on behalf of Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters (Yoon, Jung) (Entered: 05/08/2012)

May 8, 2012 PACER
15

ENDORSED ORDER granting 13 Motion for extension of time to file response. Defendant, Jacksonville Association of Firefighters, shall file its response to the Complaint no later than 6/26/2012. Signed by Magistrate Judge Monte C. Richardson on 5/8/2012. (MOH) (Entered: 05/08/2012)

May 8, 2012 PACER
16

CERTIFICATE of interested persons and corporate disclosure statement by United States of America. (Adelstein, Jay) (Entered: 05/11/2012)

May 11, 2012 PACER
17

CERTIFICATE of interested persons and corporate disclosure statement re 10 Related case order and notice of designation of track 2 by Consolidated City of Jacksonville. (Teodorescu, Adina) (Entered: 05/11/2012)

May 11, 2012 PACER
18

RETURN of service executed on 4/27/2012 by United States of America as to Consolidated City of Jacksonville. (DSY) (Entered: 05/16/2012)

May 15, 2012 PACER
19

RETURN of service executed on 5/3/2012 by United States of America as to Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (DSY) (Entered: 05/16/2012)

May 15, 2012 PACER
20

CERTIFICATE of interested persons and corporate disclosure statement re 10 Related case order and notice of designation of track 2 by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Donnelly, Paul) (Entered: 05/22/2012)

May 22, 2012 PACER
21

ANSWER and affirmative defenses to 1 Complaint by Consolidated City of Jacksonville.(Laquidara, Cindy) (Entered: 06/26/2012)

June 26, 2012 PACER
22

ANSWER and affirmative defenses to 1 Complaint with Jury Demand by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters.(Donnelly, Paul) (Entered: 06/26/2012)

June 26, 2012 PACER
23

CASE MANAGEMENT REPORT. (Ruiz, Hector) (Entered: 07/11/2012)

July 11, 2012 PACER
24

NOTICE by Equal Employment Opportunity Commission, Miami, FL of Filing Motion to Consolidate (Attachments: # 1 Exhibit Motion to Consolidate)(Weisberg, Robert) (Entered: 07/17/2012)

1 Exhibit Motion to Consolidate

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July 17, 2012 PACER
25

NOTICE of Hearing: Preliminary Pretrial Conference set for 10/24/2012 at 2:00 PM in Jacksonville Courtroom 10 D before Judge Timothy J. Corrigan. (SRW) (Entered: 07/17/2012)

July 17, 2012 PACER
26

MEMORANDUM in opposition re 24 Notice (Other) of EEOC Motion to Consolidate filed by Consolidated City of Jacksonville. (Laquidara, Cindy) (Entered: 07/30/2012)

July 30, 2012 PACER
27

RESPONSE re 24 Notice (Other) of EEOC to Consolidate filed by USA. (Adelstein, Jay) (Entered: 07/31/2012)

July 31, 2012 PACER
28

MOTION to intervene by NAACP, Jacksonville Brotherhood of Firefighters, Dominique Bartley. (Attachments: # 1 Exhibit Complaint in Intervention)(Doolittle, Kirsten) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 08/16/2012)

1 Exhibit Complaint in Intervention

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Aug. 16, 2012 PACER
29

NOTICE advising parties that the Court will take up consideration of the 28 MOTION to intervene at the previously scheduled preliminary pretrial conference, set for 10/24/2012 at 2:00 PM in Jacksonville Courtroom 10D before Judge Timothy J. Corrigan. (SRW) (Entered: 08/20/2012)

Aug. 20, 2012 PACER
30

UNOPPOSED Motion for extension of time to file response/reply as to 28 MOTION to intervene by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Donnelly, Paul) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 9/5/2012 to edit text) (DSY). (Entered: 09/04/2012)

Sept. 4, 2012 PACER
31

ENDORSED ORDER granting 30 Motion for extension of time to file response. Defendant, Jacksonville Association of Firefighters, shall file its response to 28 MOTION to intervene no later than 9/10/2012. Signed by Magistrate Judge Monte C. Richardson on 9/5/2012. (MOH) (Entered: 09/05/2012)

Sept. 5, 2012 PACER
32

MOTION for Jane Dolkart to appear pro hac vice by Jacksonville Brotherhood of Firefighters, NAACP. (Attachments: # 1 Exhibit)(Doolittle, Kirsten) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 09/05/2012)

1 Exhibit

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Sept. 5, 2012 PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Jane Dolkart appearing on behalf of NAACP (Filing fee $10 receipt number JAX006202.) Related document: 32 MOTION for Jane Dolkart to appear pro hac vice. (AET)

Sept. 5, 2012 PACER
33

ORDER granting 32 motion to appear pro hac vice upon payment of appropriate fees. Signed by Magistrate Judge Monte C. Richardson on 9/6/2012. (MOH) (Entered: 09/06/2012)

Sept. 6, 2012 PACER
34

RESPONSE to motion re 28 MOTION to intervene filed by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Donnelly, Paul) (Entered: 09/10/2012)

Sept. 10, 2012 PACER
35

EXHIBITS 1-2 re 34 Response to motion by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Donnelly, Paul) Modified on 9/12/2012 edit docket text(AMM). (Entered: 09/10/2012)

Sept. 10, 2012 PACER
36

Unopposed MOTION for leave to file a Reply to doc 34 RESPONSE to motion re 28 MOTION to intervene by Dominique Bartley, Jacksonville Brotherhood of Firefighters, NAACP. (Doolittle, Kirsten) Modified on 9/12/2012 edit docket text (AMM). (Entered: 09/11/2012)

Sept. 11, 2012 PACER
37

RESPONSE to motion re 36 Unopposed MOTION for leave to file a reply filed by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Donnelly, Paul) Modified on 9/12/2012 edit docket text(AMM). (Entered: 09/11/2012)

Sept. 11, 2012 PACER
38

ENDORSED ORDER granting 36 Motion for leave to file reply: reply brief (limited to 5 pages) to be filed and served no later than 10/5/2012; JAFF may file a sur-reply (also limited to 5 pages) no later than 10/19/2012. Signed by Judge Timothy J. Corrigan on 9/24/2012.(SRW) (Entered: 09/24/2012)

Sept. 24, 2012 PACER
39

REPLY to response to motion re 30 Unopposed MOTION for extension of time to file response/reply as to 28 MOTION to interveneUnopposed MOTION for extension of time to file response/reply as to 28 MOTION to intervene, 36 Unopposed MOTION for leave to file Leave to File a Reply, 28 MOTION to intervene filed by Dominique Bartley, Jacksonville Brotherhood of Firefighters, NAACP. (Dolkart, Jane) (Entered: 10/05/2012)

Oct. 5, 2012 PACER
40

RESPONSE re 39 Reply to response to motion to Intervene filed by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Donnelly, Paul) (Entered: 10/19/2012)

Oct. 19, 2012 PACER
41

Minute Entry. Preliminary pretrial conference and motion hearing in three cases held before Judge Timothy J. Corrigan on 10/24/2012, (in 3:11-cv-345 finding as moot (81) Motion to dismiss; finding as moot (82) Motion to dismiss; finding as moot (86) Motion for extension of time to file response; granting (87) Motion for extension of time to file response re: consolidation); deadlines for various filings set for 11/16/2012 and 12/7/2012 (see minutes for details). Court Reporter: Shannon Bishop (SRW) Modified on 11/6/2012 (ASL). (Entered: 11/05/2012)

Nov. 5, 2012 PACER
42

TRANSCRIPT of PRELIMINARY PRETRIAL CONFERENCE AND MOTIONS HEARING held on October 24, 2012 before Judge Timothy J. Corrigan. Court Reporter/Transcriber Shannon M. Bishop, RMR, CRR; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 11/29/2012, Redacted Transcript Deadline set for 12/10/2012, Release of Transcript Restriction set for 2/6/2013. (SB) (Entered: 11/08/2012)

Nov. 8, 2012 PACER
43

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RMR, CRR; dsmabishop@yahoo.com; (904)549-1307 (SB) (Entered: 11/08/2012)

Nov. 8, 2012 PACER
44

RESPONSE re 41 Order on motion to dismissOrder on motion for extension of time to file response/replyMotion Hearing Supplemental Response regarding U.S. jurisdiciton filed by USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Adelstein, Jay) (Entered: 11/15/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 15, 2012 PACER
45

MEMORANDUM in support re 41 Order on motion to dismissOrder on motion for extension of time to file response/replyMotion Hearing of Right to Jury Trial Under Disparate Impact filed by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Donnelly, Paul) (Entered: 11/16/2012)

Nov. 16, 2012 PACER
46

NOTICE of Appearance by Christopher B. Deem on behalf of Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters (Deem, Christopher) (Entered: 11/16/2012)

Nov. 16, 2012 PACER
47

MEMORANDUM in opposition re 24 Notice (Other) EEOC's Motion to Consolidate (Doc. 24-1) filed by Consolidated City of Jacksonville. (Feiser, Craig) (Entered: 11/29/2012)

Nov. 29, 2012 PACER
48

Unopposed MOTION for extension of time to file response/reply as to 44 Response by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Deem, Christopher) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 12/06/2012)

Dec. 6, 2012 PACER
49

ENDORSED ORDER granting 48 Motion for extension of time to file response. Defendant, Jacksonville Association of Firefighters, shall file its response to 44 Supplemental Response no later than 12/13/2012. Signed by Magistrate Judge Monte C. Richardson on 12/7/2012. (MOH) (Entered: 12/07/2012)

Dec. 7, 2012 PACER
50

NOTICE by Equal Employment Opportunity Commission, Miami, FL re 41 Order on motion to dismissOrder on motion for extension of time to file response/replyMotion Hearing, 44 Response OF FILING EEOC's RESPONSE TO DOJ's SUBMISSION REGARDING STATUTORY AUTHORITY (Attachments: # 1 Exhibit EEOC's Response to DOJ's Submission Regarding Statutory Authority and Attached Exhibits)(Foslid, Kristen) (Entered: 12/07/2012)

1 Exhibit EEOC's Response to DOJ's Submission Regarding Statutory Author

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Dec. 7, 2012 PACER
51

RESPONSE re 44 Response Regarding Statutory Authority filed by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Donnelly, Paul) (Entered: 12/13/2012)

Dec. 13, 2012 PACER
52

ORDER AS TO 3:12-cv-451-J-32MCR, granting to extent stated (28) NAACP and related parties' Motion to Intervene in DOJ case (intervenors to file complaint in intervention by 5/2/2013); directing parties to file amended proposed case schedule by 5/2/2013;AS TO 3:12-cv-491-J-32TEM, denying (13) Union's motion to dismiss EEOC case; denying (19) EEOC's Motion to Consolidate Cases; staying EEOC case and directing Clerk to administratively close that file; AS TO 3:11-cv-345-J-32MCR, granting in part and denying in part (75) Smith plaintiffs' motion to Consolidate Cases; denying (95) City's motion to dismiss; denying (96) Union's motion to dismiss in case; granting (95) City's alternative motion to stay to extent stated. Signed by Judge Timothy J. Corrigan on 3/30/2013.(SRW) (Entered: 03/30/2013)

March 30, 2013 PACER
53

INTERVENOR COMPLAINT filed by Jacksonville Brotherhood of Firefighters, Dominique Bartley, NAACP.(Doolittle, Kirsten) (Entered: 04/30/2013)

April 30, 2013 PACER
54

MOTION to modify / Establish Case Schedule by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Attachments: # 1 Exhibit Proposed Case Schedule)(Deem, Christopher) (Entered: 05/01/2013)

1 Exhibit Proposed Case Schedule

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May 1, 2013 PACER
55

PROPOSED CASE SCHEDULE agreed to by the Plaintiffs and the City of Jacksonville (Attachments: # 1 Exhibit Proposed Stipulation ESI and Data Preservation)(Adelstein, Jay) Modified on 5/2/2013 edit docket text per counsel(AMM). (Entered: 05/02/2013)

1 Exhibit Proposed Stipulation ESI and Data Preservation

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May 2, 2013 PACER
56

MEMORANDUM in support re 55 Case Management Report Proposed by Plainitffs and City of Jacksonville filed by USA. (Adelstein, Jay) (Entered: 05/02/2013)

May 2, 2013 PACER
57

NOTICE of Appearance by Woody Anglade on behalf of USA (Anglade, Woody) (Entered: 05/13/2013)

May 13, 2013 PACER
58

MOTION for Hearing on July 16, 2013 on Case Management Issues by All Plaintiffs. (Adelstein, Jay) (Entered: 07/03/2013)

July 3, 2013 PACER
59

ENDORSED ORDER denying 58 Motion for Hearing; the Court has the parties' proposed schedules under active advisement, as well as the pending motions in the related cases, and hopes to issue its rulings and schedule shortly; a status conference is therefore not necessary. Signed by Judge Timothy J. Corrigan on 7/8/2013.(SRW) (Entered: 07/08/2013)

July 8, 2013 PACER
60

NOTICE by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters re 54 MOTION to modify / Establish Case Schedule (Attachments: # 1 Exhibit Proposed Case Management Report)(Deem, Christopher) (Entered: 07/08/2013)

1 Exhibit Proposed Case Management Report

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July 8, 2013 PACER
61

(FIRST PHASE) CASE MANAGEMENT AND SCHEDULING ORDER: see Order for full details regarding case deadlines and discovery protocols; Clerk to redesignate case as TRACK THREE; filings from the parties due as follows: proposal re: protocol for filing dispositive and Daubert motions due 5/1/2014; discovery on disparate impact to be complete 5/22/2014; dispositives and Daubert motions on disparate impact due 7/7/2014; status report due 10/20/2014; HEARING ON DISPOSITIVES, DAUBERT AND SCHEDULING CONFERENCE SET 10/30/2014, 10:00 a.m., Courtoom 10D). Signed by Judge Timothy J. Corrigan on 7/29/2013. (SRW) (Entered: 07/29/2013)

July 29, 2013 PACER
62

ENDORSED ORDER advising parties that electronic filing is mandatory in the Middle District of Florida. Mr. McClain, Ms. Kennebrew and Ms. Tejani must immediately register for a CM/ECF password; after today, the Clerk will not be mailing paper copies. Signed by Judge Timothy J. Corrigan on 7/30/2013. (SRW) (Entered: 07/30/2013)

July 30, 2013 PACER
63

AMENDED NOTICE of designation under Local Rule 3.05 - Track 3. Signed by Deputy Clerk on 7/31/2013. (Attachments: # 1 Case Management Report Form, # 2 Consent Letter and Form)(EAM) (Entered: 07/31/2013)

1 Case Management Report Form

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2 Consent Letter and Form

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July 31, 2013 PACER
64

NOTICE of Appearance by Brian Glen McEntire on behalf of USA (McEntire, Brian) (Entered: 09/16/2013)

Sept. 16, 2013 PACER
65

MOTION to stay proceedings by USA. (Adelstein, Jay) (Entered: 10/01/2013)

Oct. 1, 2013 PACER
66

FIRST Unopposed Motion for Extension to Submit Expert Report by Smith Parties. (Thompson, Dennis) (Modified on 10/8/2013 to edit text) (DSY). (Entered: 10/07/2013)

Oct. 7, 2013 PACER
67

ENDORSED ORDER granting 65 motion for stay; counsel for the United States shall file a notice when the Department's funding has been restored; although the Court does not intend to vacate the entire schedule at this time, any intervening deadline while the stay is in place is vacated; Smith's motion for an extension of time 66, is therefore moot. Signed by Judge Timothy J. Corrigan on 10/8/2013.(SRW) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
68

NOTICE of Service of Expert Report by Smith Parties (Thompson, Dennis) (Modified on 10/11/2013 to edit text) (DSY). (Entered: 10/09/2013)

Oct. 9, 2013 RECAP
69

NOTICE by USA re 67 Order on motion to stayOrder on Motion for Extension of Time to File Notice of Renewed Funding (Adelstein, Jay) (Entered: 10/17/2013)

Oct. 17, 2013 PACER
70

ENDORSED ORDER lifting stay in light of 69 Notice filed by USA; directing parties to resume litigation in accordance with previous schedule 61 . Signed by Judge Timothy J. Corrigan on 10/21/2013. (SRW) (Entered: 10/21/2013)

Oct. 21, 2013 PACER
71

MOTION for leave to file under seal an exhibit by All Plaintiffs. (McEntire, Brian) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
72

NOTICE by USA re 71 MOTION for leave to file under seal an exhibit proposed order (McEntire, Brian) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
73

MOTION for temporary restraining order and certificate of compliance by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(McEntire, Brian) (Entered: 10/28/2013)

1 Text of Proposed Order

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Oct. 28, 2013 PACER
74

MEMORANDUM in support re 73 Motion for temporary restraining order filed by USA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(McEntire, Brian) (Entered: 10/28/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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Oct. 28, 2013 PACER
75

NOTICE by Consolidated City of Jacksonville re earliest date for certification of eligibility list (Attachments: # 1 Exhibit A)(Laquidara, Cindy) (Entered: 10/29/2013)

1 Exhibit A

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Oct. 29, 2013 PACER
76

ORDER directing City to file response by 11/14/2013 to 73 MOTION for temporary restraining order, now converted to motion for preliminary injunction; setting motion for non-evidentiary hearing on 12/3/2013 at 10:00 AM in Jacksonville Courtroom 10D. Signed by Judge Timothy J. Corrigan on 10/30/2013. (SRW) (Entered: 10/30/2013)

Oct. 30, 2013 PACER
77

ENDORSED ORDER granting 71 Motion to Seal Exhibit 4 to motion for temporary restraining Order; the Clerk shall place the exhibit under seal until further Order or the conclusion of the case, at which point it should be returned to plaintiff's counsel. Signed by Judge Timothy J. Corrigan on 10/30/2013.(SRW) (Entered: 10/30/2013)

Oct. 30, 2013 PACER
78

SUPPLEMENT re 73 MOTION for temporary restraining order and certificate of compliance, 74 Memorandum in support by Smith Parties. (Attachments: # 1 Exhibit Order - Bazile v. City of Houston)(Thompson, Dennis) (Entered: 10/30/2013)

1 Exhibit Order - Bazile v. City of Houston

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Oct. 30, 2013 PACER

Sealed Document S-79. (SJW)

Oct. 31, 2013 PACER
80

Joint MOTION to Continue the Case Management Deadlines (Doc. 61) and Rule 3.01(g) certification by All Defendants. (Laquidara, Cindy) (Entered: 11/05/2013)

Nov. 5, 2013 PACER
81

MOTION to Withdraw Appearance of Woody Anglade by USA. (Attachments: # 1 Text of Proposed Order)(Adelstein, Jay) (Entered: 11/06/2013)

1 Text of Proposed Order

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Nov. 6, 2013 PACER
82

MOTION to modify TRO hearing date by Smith Parties. (Thompson, Dennis) (Entered: 11/07/2013)

Nov. 7, 2013 PACER
83

RESPONSE in Opposition re 80 Joint MOTION to Continue the Case Management Deadlines (Doc. 61) and Rule 3.01(g) certification filed by USA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Adelstein, Jay) (Entered: 11/08/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Nov. 8, 2013 PACER
84

MEMORANDUM in opposition re 82 Motion to modify filed by Consolidated City of Jacksonville. (Laquidara, Cindy) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
85

NOTICE of filing Proposed Orders Regarding Captain-Suppression Promotional Examinations by Smith Parties re 73 MOTION for temporary restraining order and certificate of compliance, 74 Memorandum in support, 78 Supplement to motion for temporary restraining order (Attachments: # 1 Exhibit Proposed Order re Captain Suppression promotional examination, # 2 Exhibit Proposed order re delay of Captain Suppression promotional examination)(Thompson, Dennis) (Modified on 11/13/2013 to edit text) (DSY). (Entered: 11/12/2013)

1 Exhibit Proposed Order re Captain Suppression promotional examination

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2 Exhibit Proposed order re delay of Captain Suppression promotional examination

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Nov. 12, 2013 PACER
86

UNOPPOSED MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for a Temporary Restraining Order by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Donnelly, Paul) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 11/13/2013 to edit text) (DSY). (Entered: 11/12/2013)

Nov. 12, 2013 PACER
87

ORDER denying without prejudice 81 Motion to Withdraw. Signed by Magistrate Judge Monte C. Richardson on 11/12/2013. (MOH) (Entered: 11/12/2013)

Nov. 12, 2013 PACER
88

AMENDED MOTION for Extension of Time to File Response re 86 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for a Temporary Restraining Order by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Donnelly, Paul) (Modified on 11/13/2013 to edit text) (DSY). (Entered: 11/12/2013)

Nov. 12, 2013 PACER
89

ORDER denying 82 Motion to modify hearing date and denying relief requested in supplement 78 ; granting 88 amended motion to extend JAFF's deadline for filing a responsive brief (JAFF's deadline extended to 11/20/2013 at 5:00 p.m.); hearing remains set for 12/3/2013 at 10:00 a.m. Signed by Judge Timothy J. Corrigan on 11/12/2013.(SRW) (Entered: 11/12/2013)

Nov. 12, 2013 PACER
90

ORDER granting in part 80 Motion to Continue; see Order for limited modification of upcoming expert deadlines; other expert deadlines, fact discovery, dispositive motions, status and hearing dates remain as set in 61 First Phase CMSO (deadlines are restated in this Order for parties' convenience). Signed by Judge Timothy J. Corrigan on 11/13/2013.(SRW) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
91

ENDORSED ORDER directing the Clerk to terminate counsel Delora Kennebrew, Sharyn Tejani, and Ray McClain as counsel in this case for failure to register with the Court's CM/ECF procedures as previously directed. Signed by Judge Timothy J. Corrigan on 11/13/2013. (SRW) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
92

MEMORANDUM in opposition re 73 Motion for temporary restraining order, 74 Memorandum in support, 76 Order Setting Hearing on Motion filed by Consolidated City of Jacksonville. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Laquidara, Cindy) (Entered: 11/14/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 14, 2013 PACER
93

MEMORANDUM in opposition re 73 MOTION for temporary restraining order and certificate of compliance filed by Jacksonville Associaton of Firefighters, Local 122, International Association of Firefighters. (Attachments: # 1 Exhibit Declaration of Randy Wyse, # 2 Exhibit Exhibit 1A to Declaration of Randy Wyse, # 3 Exhibit Exhibit 1B to Declartation of Randy Wyse, # 4 Exhibit Declaration of Dr. Gerald V. Barrett)(Donnelly, Paul) (Modified on 11/22/2013 to edit text)(SJW). (Entered: 11/20/2013)

1 Exhibit Declaration of Randy Wyse

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2 Exhibit Exhibit 1A to Declaration of Randy Wyse

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3 Exhibit Exhibit 1B to Declartation of Randy Wyse

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4 Exhibit Declaration of Dr. Gerald V. Barrett

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Nov. 20, 2013 PACER
94

Unopposed MOTION for leave to file Reply by USA. (Attachments: # 1 Text of Proposed Order)(Adelstein, Jay) (Entered: 11/21/2013)

1 Text of Proposed Order

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Nov. 21, 2013 PACER
95

ENDORSED ORDER granting 94 Motion for Leave to File Reply, limited to 10 pages, to be filed no later than 11/27/2013. Signed by Judge Timothy J. Corrigan on 11/22/2013. (SRW) (Entered: 11/22/2013)

Nov. 22, 2013 PACER
96

Second MOTION for Anglade to withdraw as attorney for Plaintiff United States by USA. (Attachments: # 1 Text of Proposed Order)(Adelstein, Jay) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 11/25/2013)

1 Text of Proposed Order

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Nov. 25, 2013 PACER

Set/reset deadlines/hearings Reply due by 11/27/2013. (SJW)

Nov. 25, 2013 PACER
97

ORDER granting 96 Motion to Withdraw as Attorney. Signed by Magistrate Judge Monte C. Richardson on 11/25/2013. (MOH) (Entered: 11/25/2013)

Nov. 25, 2013 PACER

State / Territory: Florida

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 23, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States on behalf of black Firefighters in the city of Jacksonville, FL

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Jacksonville Fire and Rescue Department (Jacksonville), City

Jacksonville Associaton of Firefighters, Local 122 (Jacksonville), None

Defendant Type(s):

Fire

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

None yet

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $4,500,000

Order Duration: 2019 - None

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Monitoring

Promotion

Preliminary relief denied

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Promotion

Testing

Discrimination-basis:

Race discrimination

Race:

Black