Case: United States v. City of Dayton, Ohio

COMPLAINT against Dayton, City of, filed by United States of America. (Attachments: # 1 Civil Cover Sheet) (Goldberg, Dale) (Entered: 09/26/2008)

...Notice, If case is to be referred, it will be Magistrate Judge Sharon L. Ovington (phil1, ) (Entered: 09/26/2008)

Summons Issued as to Dayton, City of. (phil1, ) (Entered: 09/30/2008)

SUMMONS Returned Executed by Plaintiff United States of America, Defendant Dayton, City of. Dayton, City of served on 9/30/2008, answer due 10/20/2008. (Goldberg, Dale) (Entered: 09/30/2008)

NOTICE of Appearance by Barbara E Thawley Plaintiff United States of America (Thawley, Barbara) (Entered: 10/03/2008)

Joint MOTION to Stay Proceedings by Plaintiff United States of America, Defendant Dayton, City of. (Thawley, Barbara) (Entered: 10/06/2008)

NOTICE of Appearance by John C Musto Defendant Dayton, City of (Musto, John) (Entered: 10/07/2008)

NOTATION ORDER granting 5 Motion to Stay. Joint motion to stay proceedings is granted. Defendant has until January 19, 2009 to respond to Plaintiff's complaint. Signed by Judge Thomas M Rose on 10−7−2008. (de, ) (Entered: 10/07/2008)

MOTION to Intervene and Memorandum in Support . (Attachments: # 1 Exhibit FOP Lodge 44 CBA, # 2 Exhibit IAFF Local 136 CBA, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Doll, John) (Entered: 01/06/2009)

Joint MOTION for Extension of Time New date requested 2/19/2009. by Plaintiff United States of America, Defendant Dayton, City of. (Attachments: # 1 Text of Proposed Order Stipulated Order to Extend Stay of Proceedings) (Thawley, Barbara) (Entered: 01/15/2009)

STIPULATED ORDER TO EXTEND STAY OF PROCEEDINGS granting 8 Motion for Extension of Time. Signed by Judge Thomas M Rose on 01/20/09. (phil1, ) (Entered: 01/20/2009)

Unopposed MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Intervene and Memorandum in Support New date requested 2/26/2009. by Plaintiff United States of America. (Attachments: # 1 Text of Proposed Order) (Thawley, Barbara) (Entered: 01/22/2009)

Unopposed MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Intervene and Memorandum in Support New date requested 2/26/2009. by Defendant Dayton, City of. (Musto, John) (Entered: 01/22/2009)

ORDER GRANTING EXTENSIONS OF TIME TO RESPOND TO MOTION TO INTERVENE, 10 , 11 . Signed by Judge Thomas M Rose on 01/23/09. (phil1, ) (Entered: 01/23/2009)

NOTICE of Appearance by Susan D Jansen Intervenor Defendants FOP Lodge 44, IAFF Local 136 (Jansen, Susan) (Entered: 01/29/2009)

Joint MOTION for Extension of Time New date requested 3/12/2009. by Plaintiff United States of America, Defendant Dayton, City of. (Attachments: # 1 Text of Proposed Order Proposed Stipulated Order to Extend Stay) (Thawley, Barbara) (Entered: 02/18/2009)

Joint MOTION for Leave to File Excess Pages by Plaintiff United States of America, Defendant Dayton, City of. (Thawley, Barbara) (Entered: 02/26/2009)

Joint MOTION to Approve Consent Judgment by Plaintiff United States of America, Defendant Dayton, City of. (Attachments: # 1 Text of Proposed Order Order For Provisional Entry of Consent Decree, # 2 Text of Proposed Order Consent Decree, # 3 certificate of service) (Thawley, Barbara) (Additional attachment(s) added on 4/14/2009: # 4 Corrected Exhibit) (phil1, ). (Entered: 02/26/2009)

Memorandum In Support 16 MOTION to Approve Consent Judgment by Plaintiff United States of America, Defendant Dayton, City of. (Thawley, Barbara) Modified on 3/3/2009 to edit text (sc1, ). (Entered: 02/26/2009)

NOTICE of Appearance by Meredith L Burrell Plaintiff United States of America (Burrell, Meredith) (Entered: 02/26/2009)

RESPONSE in Opposition re 7 MOTION to Intervene and Memorandum in Support filed by Plaintiff United States of America. (Burrell, Meredith) (Entered: 02/26/2009)

RESPONSE in Opposition re 7 MOTION to Intervene and Memorandum in Support filed by Defendant Dayton, City of. (Attachments: # 1 Exhibit 1) (Musto, John) (Entered: 02/26/2009)

NOTATION ORDER granting 15 Motion for Leave to File Excess Pages. Signed by Judge Thomas M Rose on 2−27−09. (de, ) (Entered: 02/27/2009)

Joint MOTION to Amend/Correct 16 Joint MOTION to Approve Consent Judgment by Plaintiff United States of America, Defendant Dayton, City of. (Attachments: # 1 Text of Proposed Order, # 2 Corrected Consent Decree) (Thawley, Barbara) (Entered: 03/16/2009)

ENTRY AND ORDER GRANTING IN PART MOTION OF FRATERNAL ORDER OF POLICE, CAPTAIN JOHN C. POST LODGE 44 AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 136 TO INTERVENE AS DEFENDANTS. DOC. 7 . Signed by Judge Thomas M Rose on 04/14/09. (phil1, )

ORDER granting 21 Upon consideration of the Joint Motion of plaintiff United States and defendant City of Dayton, Ohio (collectively, the parties), it is hereby ORDERED this Tuesday, April 14, 2009, that the Consent Decree agreed to and executed by the parties is provisionally approved and entered by this Court. The Court will set a date for a Fairness hearing. Signed by Judge Thomas M Rose on 04/14/09. (phil1, ) Modified on 4/15/2009 to edit text (sc1, ). (Entered: 04/14/2009)

ORDER granting 16 Upon consideration of the Joint Motion of plaintiff United States and defendant City of Dayton, Ohio (collectively, the parties) to substitute a corrected Exhibit to the Joint Motion for Provisional Entry of Consent Decree and Scheduling of Fairness Hearing, filed with the Court onFebruary 26, 2009 [Docket Entry # 16], it is hereby ORDERED this Tuesday, April 14, 2009, that the corrected Exhibit (filed March 16, 2009) shall be substituted for the Decree filed with the Court on February 26, 2009 [Docket Entry # 16 −3]. Signed by Judge Thomas M Rose on 04/14/09. (phil1, ) (Entered: 04/14/2009)

NOTICE of Hearing: Fairness Hearing set for 10/14/2009 09:00 AM in Courtroom 2 − Dayton before Judge Thomas M Rose. (jg, ) (Entered: 07/01/2009)

Joint MOTION to Amend Notice Provisions of Paragraphs 23 and 33 of the Consent Decree by Plaintiff United States of America, Defendant Dayton, City of. (Attachments: # 1 Appendix A −Affidavit of Giselle S. Johnson, # 2 Text of Proposed Order Proposed Order Regarding Notices Provided Pursuant to Paragraphs 23 and 33 of the Consent Decree) (Thawley, Barbara) (Entered: 07/30/2009)

MOTION for Extension of Time New date requested 9/9/2009. by Intervenor Defendants FOP Lodge 44, IAFF Local 136. (Attachments: # 1 proposed Order) (Jansen, Susan) (Entered: 08/31/2009)

NOTATION ORDER granting 27 Motion for Extension of Time. Signed by Judge Thomas M Rose on 9−2−2009. (de, ) (Entered: 09/02/2009)

Objection by Intervenor Defendants FOP Lodge 44, IAFF Local 136. (Attachments: # 1 Hialeah Case) (Jansen, Susan) (Entered: 09/09/2009)

MOTION for Leave to File Excess Pages by Plaintiff United States of America. (Thawley, Barbara) (Entered: 10/05/2009)

BRIEF by Plaintiff United States of America. (Attachments: # 1 Exhibit Description of Notice, # 2 Exhibit Sample Notice to Applicant, # 3 Exhibit Sample Notice to Incumbent, # 4 Exhibit Notice Letters to Unions, # 5 Exhibit Newspaper Notice, # 6 Exhibit Morlan Objection, # 7 Exhibit Montgomery−Choice Objection, # 8 Exhibit Dalinghaus Objection, # 9 Exhibit Shiverdecker Objection, # 10 Exhibit Document Request Letters) (Burrell, Meredith) (Entered: 10/05/2009)

NOTATION ORDER granting 29 Motion for Leave to File Excess Pages. Signed by Judge Thomas M Rose on 10−7−2009. (de) (Entered: 10/07/2009)

Minute Entry for proceedings held before Judge Thomas M Rose: Fairness Hearing held on 10/14/2009. Court heard argument from counsel and witness testimony. Exhibits offered. Court took the matter under advisement. (Court Reporter Leslie Foley.) (jg) (Entered: 10/19/2009)

ENTRY AND ORDER OVERRULING OBJECTIONS OF FRATERNAL ORDER OF POLICE, CAPTAIN JOHN C. POST LODGE 44, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 136, AND INDIVIDUAL INTERVENORS, AND APPROVING CONSENT DECREE. Signed by Judge Thomas M Rose on 11/30/09. (pb1) (Entered: 11/30/2009)

NOTICE: exhibits from fairness hearing conducted on 10/14/09 now housed on shelf 7 bin 1. (jg) (Entered: 12/29/2009)

STATUS REPORT On Individual Relief Claims by Plaintiff United States of America. (Attachments: # 1 Appendix Appendix 1, # 2 Appendix Appendix 2 Redacted Relief Forms, # 3 Appendix Appendix 3 City letter 3−18−2010) (Thawley, Barbara) (Entered: 04/02/2010)

NOTICE of Hearing: Fairness Hearing set for 6/22/2010 09:30 AM in Courtroom 2 − Dayton before Judge Thomas M Rose. (jg1) (Entered: 04/11/2010)

NOTICE of Hearing: Fairness hearing reset for 7/29/2010 01:30 PM in Courtroom 2 − Dayton before Judge Thomas M Rose. (NOTE: hearing was previously set for 6/22/10). (jg) (Entered: 04/14/2010)

NOTICE of Appearance by Esther Gwen Lander for Plaintiff United States of America (Lander, Esther) (Entered: 07/12/2010)

NOTICE of Appearance by Elizabeth Banaszak for Plaintiff United States of America (Banaszak, Elizabeth) (Entered: 07/14/2010)

BRIEF by Plaintiff United States of America. (Attachments: # 1 Exhibit Exhibit A, Norvell Objection, # 2 Exhibit Exhibit B, Tanner Objection, # 3 Exhibit Exhibit C, Henderson Objection, # 4 Exhibit Exhibit D, Banaszak Declaration, # 5 Exhibit Exhibit E, Norvell Interest in Relief form, # 6 Exhibit Exhibit F, 2010 Police Exam Announcement, # 7 Exhibit Exhibit G, 2006 Police Exam Annoucement, # 8 Exhibit Exhibit H, Crawford Declaration, # 9 Exhibit Exhibit H(1), Interest in Relief Log, # 10 Exhibit Exhibit H(2), Incoming Call Log) (Banaszak, Elizabeth) (Entered: 07/19/2010)

Minute Entry for proceedings held before Judge Thomas M Rose: In Chambers Conference held on 7/29/2010. (jg1) (Entered: 07/29/2010)

Minute Entry for proceedings held before Judge Thomas M Rose: Fairness Hearing held on 7/29/2010. Court conducted fairness hearing and offered individuals an opportunity to place objections to the consent decree on the record. Court heard objections from two individuals as well as argument from Governments Counsel. Court took the matter under advisement. (Court Reporter Leslie Foley.) (jg1) (Entered: 07/29/2010)

NOTICE: Plaintiffs exhibit #1 from fairness hearing conducted on 7/29/10 now housed on shelf 7 bin 1. (jg1) (Entered: 08/03/2010)

ENTRY AND ORDER OVERRULING DALE NORVELL'S OBJECTION;SUSTAINING DONESIA TANNERS OBJECTION AS TO THE MAXIMUM AGE REQUIREMENT BUT OVERRULING HER OBJECTION AS TO THE AMOUNT OF THE SETTLEMENT FUND; OVERRULING ANTHONY HENDERSONS OBJECTION; AND APPROVING THE REPORT ON INDIVIDUAL RELIEF FILED BY THE UNITED STATES ON APRIL 2, 2010. Signed by Judge Thomas M Rose on 08/05/10. (pb1) (Entered: 08/05/2010)

Transcript of Proceedings (Fairness Hearing) held on 07/29/2010, before Judge Thomas M. Rose. Court Reporter/Transcriber Leslie Foley, Telephone number 512−1604. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms − Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 9/14/2010. Redacted Transcript Deadline set for 9/24/2010. Release of Transcript Restriction set for 11/22/2010. (pb1) (Entered: 08/24/2010)

STATUS REPORT Establishing Priority Hire List by Plaintiff United States of America. (Thawley, Barbara) (Entered: 12/01/2010)

NOTICE by Plaintiff United States of America of Withdrawal of Appearance of Counsel (Thawley, Barbara) (Entered: 02/01/2012)

Joint MOTION for Order to Partially Extend Consent Decree by Plaintiff United States of America. (Attachments: # 1 Exhibit Exhibit 1 Evans Declaration, # 2 Exhibit Exhibit 2 Banaszak Letter, # 3 Exhibit Exhibit 3 Jones Declaration, # 4 Text of Proposed Order) (Banaszak, Elizabeth) (Entered: 05/10/2013)

ORDER granting 41 Motion for Order to Partially Extend Consent Decree. Upon consideration of the Joint Motion of Plaintiff United States and Defendant City of Dayton, it is hereby ORDERED this 13th day of May, 2013, that the provisions of the Consent Decree between the parties related to the development of a selection procedure for police officers are EXTENDED and shall now expire on November 23, 2013 and that the remainder of the Consent Decree is TERMINATED.Signed by Judge Thomas M Rose on 5/13/2013. (kf) (Entered: 05/14/2013)

Joint MOTION for Order to Terminate Consent Decree by Plaintiff United States of America. (Attachments: # 1 Text of Proposed Order Proposed Final Order) (Banaszak, Elizabeth) (Entered: 11/26/2013)

FINAL ORDER − Consent Decree between the parties is TERMINATED and this action is DISMISSED. Signed by Judge Thomas M Rose on 11/26/13. (ep) (Entered: 11/26/2013)

CLERK'S JUDGMENT WITH NOTICE OF DISPOSAL ATTACHED. Signed on 11/26/13. (ep)

Docket Annotation