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Case: Foster v. City of Pittsburgh

2:12-cv-01207 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Aug. 3, 2012

Closed Date: June 8, 2018

Clearinghouse coding complete

Case Summary

Two Black men filed this class action lawsuit on August 23, 2012 in the U.S. District Court for the Western District of Pennsylvania; the case was then assigned to Judge David S. Cercone. The plaintiffs, on behalf of themselves and others similarly situated,  sued the City of Pittsburgh under Title VII of the Civil Rights Act 1964; 42 U.S.C. § 2000; 42 U.S.C. § 1981, as applied by 42 U.S.C. § 1983; and the Pennsylvania Human Relations Act, 43 Pa. Cons. Stat. § 951. The plaintiffs, represented b…

Two Black men filed this class action lawsuit on August 23, 2012 in the U.S. District Court for the Western District of Pennsylvania; the case was then assigned to Judge David S. Cercone. The plaintiffs, on behalf of themselves and others similarly situated,  sued the City of Pittsburgh under Title VII of the Civil Rights Act 1964; 42 U.S.C. § 2000; 42 U.S.C. § 1981, as applied by 42 U.S.C. § 1983; and the Pennsylvania Human Relations Act, 43 Pa. Cons. Stat. § 951. The plaintiffs, represented by private counsel and the ACLU of Pennsylvania, asked the court for injunctive relief, alleging that the city's hiring process for police officers led to a low number of Black applicants being hired because of discriminatory treatment, including a screening process that harmed qualified Black applicants by giving preferential treatment to those with family and friends already on the police force and by using other subjective criteria.

The plaintiffs were all Black applicants for entry-level police officer positions who ultimately did not receive such positions through their applications. The plaintiffs claimed that the city’s hiring practices lead to a statistically significant lack of Black police officers.

The parties agreed to stay litigation in August 2013. The parties agreed to retain Dr. Leaetta Hough as an expert who would review the police force’s hiring practices. The parties met with Dr. Hough on March 31, 2014, to discuss her recommendations to revise and improve the hiring system alleged to have an adverse impact on Black applicants.

On June 29, 2015, the parties filed a joint motion for settlement that included some of the suggestions from Dr. Hough's report. Specifically, Dr. Hough recommended that the city diversify the police department and make payments to those harmed by the application process from 2008 to 2014. The City agreed to pay $985,000 in damages and up to $600,000 in attorneys' fees. To attain diversity, the settlement provided for review of and improvements to the city's selection process intended to increase the participation of qualified Black applicants.

The court preliminarily approved the proposed settlement and conditionally certified the settlement class on July 13, 2015. The city then sent notice to all class members. On October 16, 2015, the plaintiffs moved for final certification of the settlement class and final approval of the class action settlement. At this time, the plaintiffs also requested attorneys fees and reimbursement of expenses, along with class representative service awards. The court held a fairness hearing on November 16, 2015, and then granted all of the aforementioned motions in its final order, on November 18, 2015. 

The court’s final order did not disturb the $985,000 damages figure in the parties’ proposed settlement. And as it regarded fees, the court approved a final amount of just over $561,000 in attorneys fees and $38,000 in litigation expenses. The court similarly approved the requested service award of $20,000 to each class representative; these service awards were to be paid from the settlement amount.

In its final order, the court enjoined the city and all persons acting on its behalf from using any selection device or process that resulted in disparate treatment of or had an adverse impact on Black applicants. The court also ordered the city to retain–at its expense–two experts to work with the parties to develop and implement a plan to improve the city’s hiring practices for entry level police officers. The term of the settlement agreement was 36 months; it expired June 8, 2018.

This case is now closed.

Summary Authors

Daniel Fryer (10/3/2015)

Hank Minor (10/1/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4374137/parties/foster-v-the-city-of-pittsburgh/


Judge(s)

Cercone, David S. (Pennsylvania)

Attorneys(s) for Plaintiff

Doyle, Ellen M. (Pennsylvania)

Ewing, Pamina (Pennsylvania)

Feinstein, Edward J. (Pennsylvania)

Rose, Sara (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Attorneys(s) for Defendant

Giorgi, Luca M. (Pennsylvania)

Kennedy, Michael E. (Pennsylvania)

Kobee, Wendy (Pennsylvania)

Mackler, Lorraine N. (Pennsylvania)

Judge(s)

Cercone, David S. (Pennsylvania)

Attorneys(s) for Plaintiff

Doyle, Ellen M. (Pennsylvania)

Ewing, Pamina (Pennsylvania)

Feinstein, Edward J. (Pennsylvania)

Rose, Sara (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Attorneys(s) for Defendant

Giorgi, Luca M. (Pennsylvania)

Kennedy, Michael E. (Pennsylvania)

Kobee, Wendy (Pennsylvania)

Mackler, Lorraine N. (Pennsylvania)

McHale, Matthew S. (Pennsylvania)

Sanchez Ridge, Lourdes (Pennsylvania)

Expert/Monitor/Master

Hough, Leaetta (Minnesota)

Documents in the Clearinghouse

Document

2:12-cv-01207

Docket [PACER]

Foster v. The City of Pittsburgh

July 14, 2015

July 14, 2015

Docket
1

2:12-cv-01207

Complaint

Foster v. The City of Pittsburgh

Aug. 23, 2012

Aug. 23, 2012

Complaint
27

2:12-cv-01207

Amended Complaint

Foster v. The City of Pittsburgh

April 15, 2013

April 15, 2013

Complaint
69

2:12-cv-01207

Brief and Hough Reports

June 19, 2015

June 19, 2015

Pleading / Motion / Brief
71

2:12-cv-01207

Preliminary Approval Orders

Foster v. The City of Pittsburgh

July 13, 2015

July 13, 2015

Order/Opinion
79

2:12-cv-01207

Corrected Judgment and Order Granting Motion for Final Certification of the Settlment Class, Final Approval of the Class Action Settlement, Motion for Approval of Attorneys' Fees and Reimbursement of Expenses, and Motion for Approval of Class Representative Service Awards

Foster v. City of Pittsburg

Nov. 18, 2015

Nov. 18, 2015

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4374137/foster-v-the-city-of-pittsburgh/

Last updated Oct. 1, 2022, 2:58 p.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against THE CITY OF PITTSBURGH, BUREAU OF POLICE (Filing fee $350, receipt number 0315-2481478), filed by JAMES M. FOSTER, MIKE J. SHARP. (Attachments: # 1 Civil Cover Sheet) (ksa2) (Entered: 08/23/2012)

1 Civil Cover Sheet

View on PACER

Aug. 23, 2012

Aug. 23, 2012

Clearinghouse
2

NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kak) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
3

WAIVER OF SERVICE Returned Executed by JAMES M. FOSTER, MIKE J. SHARP. THE CITY OF PITTSBURGH, BUREAU OF POLICE waiver sent on 12/4/2012, answer due 2/4/2013. (Walczak, Witold) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
4

NOTICE of Appearance by Luca M. Giorgi on behalf of THE CITY OF PITTSBURGH, BUREAU OF POLICE. (Giorgi, Luca) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
5

Stipulation for Extension of Time to Answer by THE CITY OF PITTSBURGH, BUREAU OF POLICE Answer due from THE CITY OF PITTSBURGH, BUREAU OF POLICE on 3/21/2013. (Giorgi, Luca) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
6

ORDER scheduling Initial Case Management Conference for 4/3/13 at 1:00 PM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 3/8/13. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 3/22/13. Signed by Judge David S. Cercone on 2/5/13. (Attachments: # 1 Exhibit A - Stipulation Selecting ADR Process; and # 2 Exhibit B - Rule 26 Report Form) (njt) (Entered: 02/05/2013)

1 Stipulation Selecting ADR Process

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2 Rule 26 Report Form

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Feb. 5, 2013

Feb. 5, 2013

PACER
7

NOTICE of Appearance by Edward J. Feinstein on behalf of JAMES M. FOSTER, MIKE J. SHARP. (Feinstein, Edward) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
8

NOTICE of Appearance by Ellen M. Doyle on behalf of JAMES M. FOSTER, MIKE J. SHARP. (Doyle, Ellen) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
9

NOTICE of Appearance by Pamina G. Ewing on behalf of JAMES M. FOSTER, MIKE J. SHARP. (Ewing, Pamina) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
10

MOTION for Leave to File Brief in Excess of Page Limit by THE CITY OF PITTSBURGH, BUREAU OF POLICE. (Attachments: # 1 Proposed Order) (Giorgi, Luca) (Entered: 03/15/2013)

1 Proposed Order

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March 15, 2013

March 15, 2013

PACER
11

ORDER granting 10 Motion for Leave to Exceed Page Limit for Defendant's Brief in Support of Motions to Dismiss/Summary Judgment and also to Strike Class Allegations. Defendant's brief may exceed 25 page limit. Signed by Judge David S. Cercone on 3/20/13. (njt) (Entered: 03/20/2013)

March 20, 2013

March 20, 2013

PACER
12

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, MOTION to Strike Class by THE CITY OF PITTSBURGH, BUREAU OF POLICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 3, # 3 Exhibit 5) (Kobee, Wendy) (Entered: 03/21/2013)

1 Exhibit 1

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2 Exhibit 3

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3 Exhibit 5

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March 21, 2013

March 21, 2013

PACER
13

BRIEF in Support re 12 Motion to Dismiss for Failure to State a Claim, Motion to Strike Class filed by THE CITY OF PITTSBURGH, BUREAU OF POLICE. (Kobee, Wendy) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
14

Proposed Order re 12 Motion to Dismiss for Failure to State a Claim, Motion to Strike Class by THE CITY OF PITTSBURGH, BUREAU OF POLICE. (Kobee, Wendy) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
15

MOTION for leave to file Document under Seal by THE CITY OF PITTSBURGH, BUREAU OF POLICE. (Kobee, Wendy) Modified to change Entry to Motion for leave to file Document under seal on 3/22/2013. (jv) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
16

Proposed Order re 15 Motion for In Camera Review by THE CITY OF PITTSBURGH, BUREAU OF POLICE. (Kobee, Wendy) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
17

STIPULATION selecting ADR process by THE CITY OF PITTSBURGH, BUREAU OF POLICE. (Giorgi, Luca) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

PACER
18

REPORT of Rule 26(f) Planning Meeting. (Giorgi, Luca) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

PACER
19

ORDER Response/Briefing Schedule re 12 Motion to Strike Class Allegations and to Dismiss. Plaintiffs' Response and Brief in Opposition due by 4/19/2013 Defendant's Reply Brief due by 5/3/2013. Signed by Judge David S. Cercone on 3/25/13. (njt) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER
20

ORDER granting 15 MOTION for Leave to File Exhibits Under Seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Documents sealed pursuant to this order shall be unsealed on 3/25/2023. Signed by Judge David S. Cercone on 3/25/13. (njt) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER
21

Notice of Mediation by DAVID B. WHITE. Mediation Date April 25, 2013 at 9:30 a.m. (White, David) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

PACER
22

NOTICE of Appearance by Sara Rose on behalf of JAMES M. FOSTER, MIKE J. SHARP. (Rose, Sara) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

PACER
23

Minute Entry for Case Management Conference held before Judge David S. Cercone on 4/3/2013: Witold J. Walczak, Esq. appointed liaison counsel for ADR purposes. The parties have selected Mediation as the ADR Process and have selected David B. White, Esq. as the Neutral. Mediation has been scheduled for 4/25/13 and Mr. White has filed his notice of the Mediation. The parties have provided the Court with a proposed case management schedule which the Court has accepted. Case Management Order to follow. (Court Reporter: None) (jmc) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
24

CASE MANAGEMENT ORDER: The parties shall move to amend pleadings or add new parties by 12/31/13. Fact discovery ends 1/31/14. Plaintiffs expert reports should be filed by 2/15/14. Depositions of plaintiffs expert(s) should be completed by 3/1/14. Defendants expert reports should be filed by 3/15/14. Depositions of defendants expert(s) should be completed by 4/15/14. Third party experts reports should be filed by 4/15/14. Depositions of third partys expert(s) should be completed by 5/14/14. Expert discovery should be completed by 5/14/14. Plaintiffs Pretrial Statement due by 6/16/14. Defendants Pretrial Statement due by 7/16/14. Pretrial Stipulation due by 7/25/14. Motions for Summary Judgment due by 8/25/14. Signed by Judge David S. Cercone on 4/5/13. (kak) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
25

ORDER REFERRING CASE to Mediation. David B. White is appointed as the mediator. Mediation shall be conducted by 6/3/13. Witold J. Walczakis designated as lead counsel. DAVID B. WHITE is added. Signed by Judge David S. Cercone on 4/5/13. (kak) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
26

NOTICE Plaintiffs' Notice of Filing of First Amended Complaint by JAMES M. FOSTER, MIKE J. SHARP, TIMOTHY CHRISTIAN, Tariq Jamal-Francis, DARRICK L. PAYTON (Feinstein, Edward) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
27

First AMENDED COMPLAINT - CLASS ACTION against THE CITY OF PITTSBURGH, THE CITY OF PITTSBURGH answer due 4/29/2013, filed by TARIQ JAMAL-FRANCIS; JAMES M. FOSTER; TIMOTHY CHRISTIAN; MIKE J. SHARP; DARRICK L. PAYTON. (Feinstein, Edward) Modified on 4/16/2013 to edit docket text. (ksa2) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

Clearinghouse
28

REPORT of Mediation: Case has not been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 4/25/2013. (White, David) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

PACER
29

MOTION for Leave to File Excess Pages For Defendant's Brief in Support of Motion to Dismiss/Summary Judgment and Also to Strike Class Allegations by THE CITY OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Kobee, Wendy) Modified on 4/30/2013 to correct typo. (ksa2) (Entered: 04/29/2013)

1 Proposed Order

View on PACER

April 29, 2013

April 29, 2013

PACER
30

MOTION to Strike Class, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Or in the Alternative, for Summary Judgment by THE CITY OF PITTSBURGH. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 14, # 7 Proposed Order) (Kobee, Wendy) Modified on 4/30/2013 ERROR: MULTIPLE RELIEF DOCUMENT FILED AS ONE RELIEF; RE-FILED BY COURT. (ksa2) (Entered: 04/29/2013)

1 Exhibit 9

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2 Exhibit 10

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3 Exhibit 11

View on PACER

4 Exhibit 12

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5 Exhibit 13

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6 Exhibit 14

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7 Proposed Order

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April 29, 2013

April 29, 2013

PACER
31

BRIEF in Support re 30 Motion to Strike, Motion to Dismiss for Failure to State a Claim or, in the Alternative, for Summary Judgment filed by THE CITY OF PITTSBURGH. (Kobee, Wendy) (Entered: 04/29/2013)

April 29, 2013

April 29, 2013

PACER
32

MOTION for Leave to File Documents Under Seal by THE CITY OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Kobee, Wendy) Modified on 4/30/2013 to correct typo. (ksa2) (Entered: 04/29/2013)

1 Proposed Order

View on PACER

April 29, 2013

April 29, 2013

PACER
33

Errata re 30 Motion to Strike, Motion to Dismiss for Failure to State a Claim, or in the Alternative, for Summary Judgment by THE CITY OF PITTSBURGH. Reason for Correction: Wrong Document Attached. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 14, # 7 Proposed Order) (Kobee, Wendy) Modified on 5/1/2013 to correct typos. (ksa) (Entered: 04/30/2013)

1 Exhibit 9

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2 Exhibit 10

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3 Exhibit 11

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4 Exhibit 12

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5 Exhibit 13

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6 Exhibit 14

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7 Proposed Order

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April 30, 2013

April 30, 2013

PACER
34

ORDER granting 29 Motion for Leave of Court to Exceed Page Limit for Defendant's Brief in Support of Motions to Dismiss/Summary Judgment and also to Strike Class Allegations. Signed by Judge David S. Cercone on 5/2/13. (njt) (Entered: 05/03/2013)

May 3, 2013

May 3, 2013

PACER
35

NOTICE of Appearance by Lorraine N. Mackler on behalf of THE CITY OF PITTSBURGH. (Mackler, Lorraine) (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

PACER
36

MOTION to Withdraw as Attorney Luca M. Giorgi by THE CITY OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Giorgi, Luca) (Entered: 07/29/2013)

1 Proposed Order

View on PACER

July 29, 2013

July 29, 2013

PACER
37

Errata re 36 Motion to Withdraw as Attorney by THE CITY OF PITTSBURGH. Reason for Correction: Lack of Signature. (Attachments: # 1 Proposed Order) (Giorgi, Luca) (Entered: 07/31/2013)

1 Proposed Order

View on PACER

July 31, 2013

July 31, 2013

PACER
38

MOTION to Certify Class PLAINTIFFS MOTION FOR CLASS CERTIFICATION by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. (Feinstein, Edward) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
39

Unopposed MOTION FOR LEAVE TO POSTPONE FILING OF PLAINTIFFS' BRIEF IN SUPPORT OF MOTION FOR CLASS CERTIFICATION, Unopposed MOTION to Amend/Correct PLAINTIFFS' 38 MOTION FOR CLASS CERTIFICATION by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. (Attachments: # 1 Proposed Order) (Feinstein, Edward) Modified on 8/6/2013 to edit docket text and add document linkage. (ksa) (Entered: 08/05/2013)

1 Proposed Order

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Aug. 5, 2013

Aug. 5, 2013

PACER
40

Proposed Order re 38 Motion to Certify Class by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. (Feinstein, Edward) (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
41

ORDER granting plaintiffs' 39 Unopposed Motion for Leave to Postpone Filing of Brief in Support of Plaintiffs' Motion for Class Certification and for leave to Amend Motion. The due date for Plaintiffs' brief in support to be established by subsequent order. Plaintiffs may also amend their motion at that time. Signed by Judge David S. Cercone on 8/12/13. (njt) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
42

Joint MOTION to Stay re 24 Case Management Order, by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. (Attachments: # 1 Proposed Order) (Doyle, Ellen) (Entered: 12/31/2013)

1 Proposed Order

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Dec. 31, 2013

Dec. 31, 2013

PACER
43

ORDER granting 42 Joint Motion for a Stay of the 4/5/13 Case Management Order. Deadlines set by 4/15/13 Case Management Order stayed. Case Management Conference to be rescheduled upon motion of the parties. Signed by Judge David S. Cercone on 1/3/14. (njt) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
44

ORDER denying: (1) the Motion to Dismiss (Document No. 12 ); (2) the Motion to Strike Class (Document No. 12 ); (3) the Motion to Strike Class (Document No. 30 ); (4) the Motion to Dismiss or in the Alternative Motion for Summary Judgment (Document No. 30 ); (5) the Motion for Leave to File Documents Under Seal (Document No. 32 ); and (6) the Motion to Certify Class (Document No. 38 ) without prejudice to refile the motions once the parties move for a lift of the stay. Signed by Judge David S. Cercone on 1/15/14. (jmc) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

PACER
45

ORDER REFERRING CASE to Magistrate Judge Lisa Pupo Lenihan for the purpose of mediation only. Signed by Judge David S. Cercone on 4/2/14. (jmc) Modified on 4/3/2014 to edit docket text. (ksa) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

PACER
46

MOTION to Continue Initial Mediation Conference by THE CITY OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Kobee, Wendy) (Entered: 04/14/2014)

1 Proposed Order

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April 14, 2014

April 14, 2014

PACER
47

MOTION to Withdraw as Attorney by THE CITY OF PITTSBURGH. (Mackler, Lorraine) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
48

Proposed Order re 47 Motion to Withdraw as Attorney by THE CITY OF PITTSBURGH. (Mackler, Lorraine) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
49

ORDER granting 47 Motion to Withdraw as Attorney. Attorney Lorraine N. Mackler terminated. Signed by Judge David S. Cercone on 4/15/14. (njt) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
50

Minute Entry for proceedings held before Chief Magistrate Judge Lisa Pupo Lenihan: A Status Conference was held on 4/25/2014. Extensive discussion regarding parameters of mediation. It was determined that the discussions will proceed along two tracks: 1) System Reform Process and 2) Settlement of Class Claims. Initial Preliminary Mediation scheduled for May 5, 2014 at 9:30 AM in Courtroom 7B before Magistrate Judge Lisa Pupo Lenihan. (Court Reporter: none) (jmb) Modified on 4/28/2014 to correct typo. (ksa) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
51

Minute Entry for proceedings held before Chief Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 5/5/2014. Settlement discussions commenced. A second conference is scheduled for June 3, 2014 at 9:30 AM in Courtroom 7B before Chief Magistrate Judge Lisa Pupo Lenihan. (Court Reporter: none) (jmb) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
52

Minute Entry for proceedings held before Chief Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 6/3/2014. Negotiations continued. A to do list was prepared including providing files to Plaintiffs. Defendant agreed to have a Dr. Hough begin to develop a construct- oriented measurement plan for the selection process. Counsel will meet to develop an agreement to govern the ongoing mediation. A mediation conference is scheduled for July 21, 2014 from 9:30 AM to 1:30 PM in Courtroom 7B before Chief Magistrate Judge Lisa Pupo Lenihan. (Court Reporter: none) (jmb) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
53

NOTICE of Appearance by Michael E. Kennedy on behalf of THE CITY OF PITTSBURGH. (Kennedy, Michael) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

PACER
54

NOTICE of Appearance by Matthew S. McHale on behalf of THE CITY OF PITTSBURGH. (McHale, Matthew) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER
55

Minute Entry for proceedings held before Chief Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 7/21/2014. Settlement discussions continue. A new session is scheduled for September 4, 2014 at 10:00 AM in Courtroom 7B before Chief Magistrate Judge Lisa Lenihan. Plaintiff is to present a demand. (Court Reporter: none) (jmb) (Entered: 07/22/2014)

July 21, 2014

July 21, 2014

PACER
56

Minute Entry for proceedings held before Chief Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 8/26/2014. Demand made by Plaintiffs. Defendants are to respond prior to the session on 9/4/14. Extensive time spent reviewing files of officers hired and not hired. (jmb) (Entered: 08/27/2014)

Aug. 26, 2014

Aug. 26, 2014

PACER
57

Minute Entry for proceedings held before Chief Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 9/4/2014. Additional settlement discussions took place. Another settlement conference is scheduled for Wednesday, September 10, 2014 at 10:00 AM in Courtroom 7B before Chief Magistrate Judge Lisa Pupo Lenihan. (Court Reporter: none) (jmb) (Entered: 09/05/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER
58

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephone Conference was held on 10/2/2014. The parties discussed interim relief measures related to hiring. Negotiations regarding a monetary settlement are ongoing. Counsel for the plaintiff will contact the Court no later than October 10, 2014 to report on the status of the ongoing negotiations. (Court Reporter: none) (jmb) (Entered: 10/03/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
59

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Status Conference was held on 11/10/2014. Negotiations continue. City of Pittsburgh to have a response to Plaintiffs settlement demand no later than November 17, 2014. Conference scheduled in Courtroom 7B Nov. 17, 2014 at 1:00 PM in Courtroom 7B. (Court Reporter: none) (jmb) (Entered: 11/12/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
60

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephone Conference was held on 11/17/2014. Continuing settlement discussions. The parties to meet on November 24, 2014 to discuss the terms of the settlement agreement. A mediation conference is scheduled for December 3, 2014 from 2:00 PM - 5:00 PM in Courtroom 7B. The city is to provide a revised term sheet this week and both sides will attempt to exchange settlement terms prior to November 24, 2014. (Court Reporter: none) (jmb) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

PACER
61

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 12/3/2014. Settlement discussions continue. Four To Do items have been identified for completion by Dec. 31, 2014. Plaintiffs to provide a list of what the parties would be required to do to settle this case as a FRCP 23(b) class action. Plaintiffs to provide a draft settlement agreement for discussion. Defendant to provide a draft copy of the resolution approving the settlement that will be presented to City Council if an agreement is reached. Defendant to provide a copy of the proposed release for discussion. The next mediation session is set for January 6 from 9:30 AM to 12 PM. (Court Reporter: none) (jmb) (Entered: 12/04/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
62

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Status Conference was held on 12/18/2014. Parties called to discuss an issue regarding the timing of a physical for one of the plaintiffs. An agreement was reached and an order will be entered. (Court Reporter: none) (jmb) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
63

ORDER : As part of the mediation process in this case, the City of Pittsburgh is HEREBY ORDERED to delay the preliminary physical fitness testing until January 9, 2015, for any Plaintiffs who are currently scheduled for such testing. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/18/2014. (jmb) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
64

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 1/9/2015. Progress toward settlement continues. Mediation continued to January 23rd, 2015 at 9:30 AM. (Court Reporter: none) (jmb) (Entered: 01/12/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
65

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 1/23/2015. Mediation was continued to February 2, 2015 at 1:00 PM in Courtroom 7B before Magistrate Judge Lisa Pupo Lenihan. (Court Reporter: none) (jmb) (Entered: 01/26/2015)

Jan. 23, 2015

Jan. 23, 2015

PACER
66

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 2/2/2015. Discussions continue. Proposed language on certain items to be provided to Plaintiffs by the City no later than 2/9/2015. Mediation continued to 2/18/2015 at noon in Courtroom 7B before Magistrate Judge Lisa Pupo Lenihan. (Court Reporter: none) (jmb) (Entered: 02/02/2015)

Feb. 2, 2015

Feb. 2, 2015

PACER
67

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephone Conference was held on 2/9/2015. Discussion with Dr. Hough and experts from EB Jacobs regarding how to best involve plaintiffs in discussions about significant changes to the process. Conversations may take place between and among experts, and also between experts and city personnel to obtain information, without plaintiffs involvement. Plaintiffs will be involved in any discussion with experts involving significant changes to the process. A meeting involving the city, experts and plaintiffs to lay the foundation for the work is scheduled for later this month. Following this meeting a schedule will be set for updates from the experts to all parties. (Court Reporter: none) (jmb) (Entered: 02/10/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
68

Joint MOTION for Settlement Joint Motion for Certification of this Action as a Class Action, Preliminarily Approving the Class Settlement, Approving the Method for Providing Notice to the Class and Approving the Notice to the Class, and Setting the Date for Hearing to Consider the Fairness of the Class Settlement by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. (Feinstein, Edward) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
69

BRIEF in Support re 68 Motion for Settlement, Plaintiffs' Memorandum in Support of Granting Motion for Certification of this Action as a Class Action, Preliminarily Approving the Class Settlement, Approving the Method for Providing Notice to the Class and Approving the Notice to the Class, and Setting the Date for Hearing to Consider the Fairness of the Class Settlement filed by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. (Attachments: # 1 Exhibit A - Settlement Agreement, # 2 Exhibit 1 - Hough Overview, # 3 Exhibit 2 - Hough Report, # 4 Exhibit 3 - Proposed Final Order, # 5 Exhibit 4 - Proposed Preliminary Approval Order, # 6 Exhibit 5 - Notice of Entry of Judgment, # 7 Exhibit 6 - Class Notice) (Feinstein, Edward) (Entered: 06/29/2015)

1 Exhibit A - Settlement Agreement

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2 Exhibit 1 - Hough Overview

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3 Exhibit 2 - Hough Report

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4 Exhibit 3 - Proposed Final Order

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5 Exhibit 4 - Proposed Preliminary Approval Order

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6 Exhibit 5 - Notice of Entry of Judgment

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7 Exhibit 6 - Class Notice

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June 29, 2015

June 29, 2015

Clearinghouse
70

Proposed Order re 68 Motion for Settlement, by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. (Feinstein, Edward) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
71

PRELIMINARY APPROVAL ORDER granting 68 Motion for Certification of this Action as a Class Action, Preliminarily Approving the Class Settlement, Approving the Method for Providing Notice to the Class and Approving the Notice to the Class, and Setting the Date for Hearing to Consider the Fairness of Class Settlement. The Court preliminarily approves the parties' Settlement Agreement subject to notice to the Class and a Fairness Hearing. The Court approves the Class Notice and method of service. Deadline for mailing and posting Class Notice by 7/23/15. Deadline for filing memorandum in support of final approval and application for attorneys' fees, reimbursement of costs and expenses, and case contribution awards to named plaintiffs by 10/16/15. Deadlines for exclusions from Class or objections, appearance of counsel regarding objections, and notice of intention to appear at Fairness Hearing by 11/2/15. Fairness Hearing set for 11/16/15 at 1:00 PM in Courtroom 7A, before Judge David S. Cercone. Signed by Judge David S. Cercone on 7/13/15. (njt) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

Clearinghouse
72

NOTICE of Appearance by Lourdes Sanchez Ridge on behalf of THE CITY OF PITTSBURGH. (Ridge, Lourdes) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
73

MOTION for Final Approval of the Class Settlement, the Award of Service Awards to the Named Plaintiffs, the Reimbursement to Class Counsel of Their Costs and Expenses, and the Award of Reasonable Fees to Class Counsel by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. (Attachments: # 1 Proposed Order) (Feinstein, Edward) Modified on 10/19/2015 to edit docket text. (ksa) (Entered: 10/16/2015)

1 Proposed Order

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Oct. 16, 2015

Oct. 16, 2015

PACER
74

BRIEF in Support re 73 Motion for Settlement, filed by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. (Attachments: # 1 Affidavit of Todd C. Siegel Regarding Mailing and Publication of Notice, # 2 Declaration of Gail Z. Brown, # 3 Declaration of Witold J. Walczak, # 4 Declaration of Ellen M. Doyle) (Feinstein, Edward) Modified on 10/19/2015 to correct typos. (ksa) (Entered: 10/16/2015)

1 Affidavit of Todd C. Siegel Regarding Mailing and Publication of Notic

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2 Declaration of Gail Z. Brown

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3 Declaration of Witold J. Walczak

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4 Declaration of Ellen M. Doyle

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Oct. 16, 2015

Oct. 16, 2015

PACER
75

Errata re 74 Brief in Support of Motion, by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. Reason for Correction: Adding Exhibits to Declaration of E. Doyle. (Attachments: # 1 Exhibit 1 - Pgh Operating Budget Excerpts, # 2 Exhibit 2 - Pgh Amended Recovery Plan, # 3 Exhibit 3 - FDPK Lodestar Report, # 4 Exhibit 4 - FDPK Expense Report, # 5 Exhibit 5 - FDPK Firm Bio, # 6 Exhibit 6 - Pt 1 - Fee Opinions, # 7 Exhibit 6 - Pt 2 - Fee Opinions) (Feinstein, Edward) (Entered: 10/19/2015)

1 Exhibit 1 - Pgh Operating Budget Excerpts

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2 Exhibit 2 - Pgh Amended Recovery Plan

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3 Exhibit 3 - FDPK Lodestar Report

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4 Exhibit 4 - FDPK Expense Report

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5 Exhibit 5 - FDPK Firm Bio

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6 Exhibit 6 - Pt 1 - Fee Opinions

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7 Exhibit 6 - Pt 2 - Fee Opinions

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Oct. 19, 2015

Oct. 19, 2015

PACER
76

Errata re 73 Motion for Final Approval of the Class Settlement, by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. Reason for Correction: Correcting Final Approval Order. (Attachments: # 1 Proposed Order) (Doyle, Ellen) (Entered: 11/13/2015)

1 Proposed Order

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Nov. 13, 2015

Nov. 13, 2015

PACER
77

DECLARATION re 73 MOTION for Final Approval of the Class Settlement, the Award of Service Awards to the Named Plaintiffs, the Reimbursement to Class Counsel of Their Costs and Expenses, and the Award of Reasonable Fees to Class Counsel, 76 Errata, by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP Affiant: Ellen M. Doyle. (Attachments: # 1 Exhibit 1 - Michael C. Johns Request for Exclusion) (Doyle, Ellen) (Entered: 11/13/2015)

1 Exhibit 1 - Michael C. Johns Request for Exclusion

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Nov. 13, 2015

Nov. 13, 2015

PACER
78

Errata re 76 Errata, by TIMOTHY CHRISTIAN, JAMES M. FOSTER, TARIQ JAMAL-FRANCIS, DARRICK L. PAYTON, MIKE J. SHARP. Reason for Correction: Signature on document and filer did not match. (Attachments: # 1 Proposed Order) (Feinstein, Edward) (Entered: 11/16/2015)

1 Proposed Order

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Nov. 16, 2015

Nov. 16, 2015

PACER
79

CORRECTED JUDGMENT AND ORDER granting 73 Motion for Final Certification of the Settlement Class, Final Approval of the Class Action Settlement, Motion for Approval of Attorneys' Fees and Reimbursement of Expenses, and Motion for Approval of Class Representative Service Awards as follows: 1) the court grants final approval of settlement agreement; 2) find notice and distribution of notice to class to be adequate; 3) the court grants final certification of the class; 4) the court appoints Witold J. Walczak, Sara J. Rose, the American Civil Liberties Union of Pennsylvania, Edward J. Feinstein, Ellen M. Doyle, Pamima Ewing and Feinstein Doyle Payne & Kravec as class counsel and approves payment of fees as more fully set forth therein; 5) the court finds service awards to class representatives to be reasonable; 6) the court approves the plan of allocation; and 7) the court grants injunctive relief as more fully set forth therein. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 11/17/15. (njt) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

Clearinghouse

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 3, 2012

Closing Date: June 8, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two African American males who were denied entry-level police officer positions

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The City of Pittsburgh (Pittsburgh, Allegheny), City

The City of Pittsburgh (Pittsburgh, Allegheny), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

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

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1584000

Order Duration: 2015 - 2018

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native

Black