Case: Smith v. City of Boston

1:12-cv-10291 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 14, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 14, 2012, a group of minority Boston City police officers filed this lawsuit in the U.S. District Court for the District of Massachusetts against the City of Boston. The plaintiffs filed suit under Title VII of the Civil Rights Act of 1964, alleging that police promotional exams used in 2008 to promote sergeants to lieutenants had a disparate impact on black and latino officers. The plaintiffs contended that the multiple-choice examinations used were unfairly biased against minority…

On February 14, 2012, a group of minority Boston City police officers filed this lawsuit in the U.S. District Court for the District of Massachusetts against the City of Boston. The plaintiffs filed suit under Title VII of the Civil Rights Act of 1964, alleging that police promotional exams used in 2008 to promote sergeants to lieutenants had a disparate impact on black and latino officers. The plaintiffs contended that the multiple-choice examinations used were unfairly biased against minority candidates and failed to measure certain other job-related skills (for example, interpersonal skills) that are necessary for the position of lieutenant.

The case was originally assigned to Judge Joseph L. Tauro of the U.S. District Court for the District of Massachusetts. Various extensions of time and stays were granted. On December 26, 2013, Judge Tauro took senior status and was replaced on the case by Judge William G. Young.

In January 2014, Judge Young set a trial date for December 2014.

The bench trial began on December 15, 2014, and concluded on January 7, 2015. In May 2015, both parties submitted post-trial briefs with proposed findings of fact. On November 16, 2015, Judge Young issued his decision, ruling that the 2008 promotional exam did unfairly disadvantage minority candidates and was insufficiently job-related to survive scrutiny under Title VII of the Civil Rights Act of 1964.

On February 1, 2016, before beginning a jury trial for damages, both parties agreed to enter mediation with goal of settling upon appropriate remedies and damages. The assigned meditator, Judge Robert B. Collings, filed a report on June 9, 2016, stating that the parties did not settle. Settlement negotiations were complicated by the First Circuit Court of Appeals ruling in May 2016 in the related case of Lopez v. City of Lawrence, which held that the 2008 police promotional exams did not violate Title VII.

As a result, the plaintiffs and defendant jointly sought interlocutory review. Judge Young granted this motion, and certified the question to the First Circuit on July 9, 2016. The First Circuit denied the joint motion for interlocutory review without prejudice pending the District Court's application of Lopez to the facts of this case.

Following briefing by both parties on Lopez's application to this case, Judge Young affirmed his prior determination in favor of the plaintiffs on July 26, 2017. Noting the factual differences between this case and Lopez, Judge Young found that the City had failed to show that the test was job-related to the position of lieutenant and consistent with "business necessity."

On August 11, 2017, Judge Young granted the plaintiffs' renewed motion for interlocutory review, and the issue returned to the First Circuit. However, after more than a year of the case pending review, the plaintiffs filed a motion to remand the case to the district court on April 11, 2019. Six days later, on April 17, 2019, the First Circuit denied permission to appeal.

The district court reopened the case on May 7, 2019. On May 22, the plaintiffs renewed their motion for class certification. They also filed a motion in limine to preclude evidence and testimony from defendant's 2014 promotional exam. After a motion hearing on June 13, 2019, Judge Young denied class certification but expressed no opinion on whether or not others may join as plaintiffs. On July 1, 2019, he also denied the motion in limine.

Several plaintiffs moved to intervene, but the court denied these motions on September 24, 2019. The plaintiffs filed an amended complaint that same day, alleging one Title VII disparate impact claim and one state-law disparate impact claim. They again sought class certification. As of May 22, 2020, the defendants have filed an answer but discovery has been limited while the parties conduct the damages proceedings from the previous action.

The damages trial began on October 28, 2019. The remaining issued were whether there was a binding presumption that entitled the plaintiffs to back pay and, if so, whether Boston had successfully rebutted that presumption by introducing evidence of scores from the new exam given in 2014. The court issued an order on the outcome of the trial on May 13, 2020, finding that there was a binding presumption, but that the defendants had successfully rebutted it. 2020 WL 2475644.

As of May 22, 2020, this case is ongoing.

Summary Authors

Ian Sander (10/9/2016)

Eva Richardson (12/23/2018)

Alex Moody (5/22/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4274553/parties/smith-v-city-of-boston/


Judge(s)

Young, William G. (Massachusetts)

Attorneys(s) for Plaintiff

Churchill, Stephen S (Massachusetts)

Lichten, Harold L. (Massachusetts)

Rubin, Zachary L (Massachusetts)

Smolik, Sara E (Massachusetts)

Weber, Benjamin (Massachusetts)

Attorneys(s) for Defendant

Bok, Geoffrey R. (Massachusetts)

Condon, Amy E. (Massachusetts)

Costello, Thomas H (Massachusetts)

Hodge, Kay H (Massachusetts)

Judge(s)

Young, William G. (Massachusetts)

Attorneys(s) for Plaintiff

Churchill, Stephen S (Massachusetts)

Lichten, Harold L. (Massachusetts)

Rubin, Zachary L (Massachusetts)

Smolik, Sara E (Massachusetts)

Weber, Benjamin (Massachusetts)

Attorneys(s) for Defendant

Bok, Geoffrey R. (Massachusetts)

Condon, Amy E. (Massachusetts)

Costello, Thomas H (Massachusetts)

Hodge, Kay H (Massachusetts)

Simon, John M (Massachusetts)

Taub, Nicole I. (Massachusetts)

Other Attorney(s)

Quinan, Robert L. Jr. (Massachusetts)

Expert/Monitor/Master

Collings, Robert B. (Massachusetts)

Documents in the Clearinghouse

Document

1:12-cv-10291

Docket [PACER]

May 13, 2020

May 13, 2020

Docket
1

1:12-cv-10291

Complaint, Compensatory, Injunctive and Declaratory Relief Requested

Feb. 14, 2012

Feb. 14, 2012

Complaint
14

1:12-cv-10291

Second Amended Complaint, Compensatory, Injunctive and Declaratory Relief Requested

Sept. 4, 2012

Sept. 4, 2012

Complaint
167

1:12-cv-10291

Bench Trial Transcript

Feb. 19, 2015

Feb. 19, 2015

Transcript
191

1:12-cv-10291

Plaintiffs' Post-Trial Brief on Equally Valid But Less Discriminatory Alternatives and Incorporating Findings of Fact and Conclusions of Law

May 4, 2015

May 4, 2015

Pleading / Motion / Brief
199

1:12-cv-10291

Finding of Fact, Rulings of Law, and Order

Nov. 16, 2015

Nov. 16, 2015

Order/Opinion
228

1:12-cv-10291

Amended Order

July 9, 2016

July 9, 2016

Order/Opinion
245

1:12-cv-10291

Memorandum & Order

July 26, 2017

July 26, 2017

Order/Opinion
289

1:12-cv-10291

Third Amended Complaint, Compensatory, Injunctive and Declaratory Relief Requested

Sept. 24, 2019

Sept. 24, 2019

Complaint
306

1:12-cv-10291

Memorandum & Order

May 13, 2020

May 13, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4274553/smith-v-city-of-boston/

Last updated Jan. 21, 2023, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, COMPENSATORY, INJUNCTIVE AND DECLARATORY RELIEF REQUESTED against City of Boston, Massachusetts Filing fee: $ 350, receipt number 0101-3808749 (Fee Status: Filing Fee paid), filed by Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Category form)(Lichten, Harold) (Entered: 02/14/2012)

1 Civil Cover Sheet

View on PACER

2 Exhibit Category form

View on PACER

Feb. 14, 2012

Feb. 14, 2012

RECAP
2

Summons Issued as to City of Boston. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Paine, Matthew) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
3

NOTICE of Appearance by Stephen S. Churchill on behalf of Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker (Churchill, Stephen) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
4

NOTICE of Appearance by Sara E. Smolik on behalf of Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker (Smolik, Sara) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER

ELECTRONIC NOTICE of Case Assignment. Judge Joseph L. Tauro assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Robert B. Collings. (Abaid, Kimberly)

Feb. 15, 2012

Feb. 15, 2012

PACER

Notice of Case Assignment

Feb. 15, 2012

Feb. 15, 2012

PACER
5

NOTICE of Appearance by Amy E Ambarik on behalf of City of Boston (Ambarik, Amy) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
6

NOTICE of Appearance by Nicole I. Taub on behalf of City of Boston (Taub, Nicole) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
7

First MOTION for Extension of Time to April 27, 2012 to File Responsive Pleading by City of Boston.(Taub, Nicole) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER

Reset Answer Deadlines for City of Boston. Answer due by 4/27/2012. (Geraldino-Karasek, Clarilde)

March 21, 2012

March 21, 2012

PACER

Order on Motion for Extension of Time

March 21, 2012

March 21, 2012

PACER

Judge Joseph L. Tauro: ELECTRONIC ORDER entered ALLOWED 7 Motion for Extension of Time. City of Boston answer due by 4/27/2012. (Geraldino-Karasek, Clarilde)

March 21, 2012

March 21, 2012

PACER

Set/Reset Answer Deadlines

March 21, 2012

March 21, 2012

PACER
8

AMENDED COMPLAINT against City of Boston, filed by Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker.(Churchill, Stephen) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
9

SUMMONS Returned Executed All Defendants. (Lichten, Harold) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
10

Joint MOTION to Stay Proceedings by City of Boston.(Taub, Nicole) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

PACER
11

Second MOTION for Extension of Time to 05/12/12 to File Responsive Pleading by City of Boston.(Taub, Nicole) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
12

Judge Joseph L. Tauro: ENDORSED ORDER entered ALLOWED 10 Motion to Stay Proceedings (Geraldino-Karasek, Clarilde) (Entered: 05/01/2012)

April 30, 2012

April 30, 2012

PACER

Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting 11 Motion for Extension of Time (Lovett, Zita)

April 30, 2012

April 30, 2012

PACER

Set/Reset Answer Deadlines

April 30, 2012

April 30, 2012

PACER

Order on Motion for Extension of Time

April 30, 2012

April 30, 2012

PACER

Reset Answer Deadlines for City of Boston. Answer due by 05/12/2012 (Geraldino-Karasek, Clarilde)

April 30, 2012

April 30, 2012

PACER

Remark

May 1, 2012

May 1, 2012

PACER

Filing of the Responsive Pleadings due in 30 Days after receipt of the Plaintiffs' Notice of Right to Sue Letters. (Geraldino-Karasek, Clarilde)

May 1, 2012

May 1, 2012

PACER
13

NOTICE by Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith of Amended Complaint (Attachments: # 1 Exhibit A (Second Amended Complaint))(Churchill, Stephen) (Entered: 09/04/2012)

1 Exhibit A (Second Amended Complaint)

View on PACER

Sept. 4, 2012

Sept. 4, 2012

PACER
14

AMENDED COMPLAINT against All Defendants, filed by Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker.(Churchill, Stephen) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
21

Judge Joseph L. Tauro: ORDER entered. ORDER LIFTING STAY as 14 Amended Complaint; 17 Answer filed. (Geraldino-Karasek, Clarilde) (Entered: 05/29/2013)

Sept. 4, 2012

Sept. 4, 2012

PACER
15

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Plaintiffs Lateisha Adams, Leighton Facey, Robert Tinker and John M. Johnson by City of Boston.(Taub, Nicole) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
16

MEMORANDUM in Support re 15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Plaintiffs Lateisha Adams, Leighton Facey, Robert Tinker and John M. Johnson filed by City of Boston. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Taub, Nicole) (Entered: 10/02/2012)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

5 Exhibit

View on PACER

6 Exhibit

View on PACER

7 Exhibit

View on PACER

8 Exhibit

View on PACER

Oct. 2, 2012

Oct. 2, 2012

PACER
17

ANSWER to 14 Amended Complaint by City of Boston.(Taub, Nicole) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
18

Assented to MOTION for Extension of Time to October 22, 2012 to File Response/Reply as to 15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Plaintiffs Lateisha Adams, Leighton Facey, Robert Tinker and John M. Johnson by LaTeisha Adams, Leighton Facey, John M Johnson, Robert Tinker.(Churchill, Stephen) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
19

Judge Joseph L. Tauro: ELECTRONIC ORDER entered ALLOWED 18 Motion for Extension of Time to File Response/Reply re 15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Plaintiffs Lateisha Adams, Leighton Facey, Robert Tinker and John M. Johnson Responses due by 10/22/2012 (Geraldino-Karasek, Clarilde) (Entered: 10/17/2012)

Oct. 17, 2012

Oct. 17, 2012

PACER
20

Opposition re 15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Plaintiffs Lateisha Adams, Leighton Facey, Robert Tinker and John M. Johnson filed by LaTeisha Adams, Leighton Facey, John M Johnson, Robert Tinker. (Churchill, Stephen) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
22

NOTICE of Scheduling Conference set for 6/19/2013 11:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Geraldino-Karasek, Clarilde) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

PACER
23

Judge Joseph L. Tauro: RULE 26 DISCOVERY ORDER entered. (Geraldino-Karasek, Clarilde) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

PACER
24

NOTICE of Appearance by Benjamin Weber on behalf of LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker (Weber, Benjamin) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

PACER
25

NOTICE of Appearance by John M. Simon on behalf of City of Boston (Simon, John) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
26

ELECTRONIC NOTICE OF RESCHEDULING: Scheduling Conference set for 8/6/2013 11:30 AM in Courtroom 22 before Judge Joseph L. Tauro. The deadlines for the filings called for in the scheduling order are extended accordingly.(Lovett, Zita) Modified on 6/12/2013 (Lovett, Zita). (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
27

Judge Joseph L. Tauro: ORDER entered. For the reasons stated in the accompanying memorandum, this court hereby orders that Defendant's Partial Motion to Dismiss 15 is ALLOWED IN PART and DENIED IN PART. The claims of Plaintiffs Johnson and Tinker are DISMISSED WITHOUT PREJUDICE for failure to exhaust their administrative remedies. IT IS SO ORDERED (Geraldino-Karasek, Clarilde) (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

PACER
28

Judge Joseph L. Tauro: ORDER entered. MEMORANDUM and ORDER (Geraldino-Karasek, Clarilde) (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

RECAP
29

STATEMENT OF COUNSEL of Harold Lichten Joint Statement by LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker. (Lichten, Harold) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
30

NOTICE by City of Boston Proposed List of Deponents (Simon, John) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
31

NOTICE by LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker List of Proposed Deponents (Weber, Benjamin) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
32

ELECTRONIC NOTICE of Hearing. Status Conference set for 8/14/2013 12:00 PM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
33

ELECTRONIC NOTICE Canceling Hearing of 8/14/2013, wrong case. Thank you for the call. (Lovett, Zita) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
34

ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Scheduling Conference held on 8/6/2013. An order will issue. (Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Lechten,Churchill,Webb,plts; Simon,Taub,deft.t) (Lovett, Zita) (Entered: 08/07/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
35

Judge Joseph L. Tauro: SCHEDULING ORDER entered. After a Scheduling Conference on August 6, 2013, this court hereby orders that: The parties may conduct the following depositions included in this ORDER. All depositions shall be completed by December 31, 2013 ( Discovery to be completed by 12/31/2013). No further discovery is permitted without leave of this court. Plaintiffs shall file their MOTION for class certification by October 11, 2013 ( Motions due by 10/11/2013). A Further Conference set for 1/9/2014 11:00 AM in Courtroom 22 before Judge Joseph L. Tauro. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
36

CERTIFICATION pursuant to Local Rule 16.1 by City of Boston.(Simon, John) (Main Document 36 replaced on 8/30/2013 to correct PDF document attached ) (Geraldino-Karasek, Clarilde). (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
37

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Brian Keith Latson. (Weber, Benjamin) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
38

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Bruce Smith. (Weber, Benjamin) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
39

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Kim Gaddy. (Weber, Benjamin) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
40

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Lateisha Adams. (Weber, Benjamin) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
41

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Leighton Facey. (Weber, Benjamin) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
42

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Martin Joseph. (Weber, Benjamin) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
43

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Marwan Moss. (Weber, Benjamin) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
44

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Paul Joseph. (Weber, Benjamin) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
45

Assented to MOTION for Extension of Time to October 18, 2013 to File Plaintiffs' Motion for Class Certification by LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker.(Weber, Benjamin) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
46

Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting 45 Motion for Extension of Time to File (Lovett, Zita) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
47

MOTION to Certify Class and Memorandum in Support Thereof by LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Weber, Benjamin) (Entered: 10/18/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

Oct. 18, 2013

Oct. 18, 2013

PACER
48

Assented to MOTION for Extension of Time to November 15, 2013 to File Response/Reply as to 47 MOTION to Certify Class and Memorandum in Support Thereof by City of Boston.(Simon, John) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
49

Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting 48 Motion for Extension of Time to File Response/Reply re 48 Assented to MOTION for Extension of Time to November 15, 2013 to File Response/Reply as to 47 MOTION to Certify Class and Memorandum in Support Thereof Responses due by 11/15/2013 (Lovett, Zita) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
50

Opposition re 47 MOTION to Certify Class and Memorandum in Support Thereof filed by City of Boston. (Simon, John) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
51

Assented to MOTION for Leave to File Reply on Class Certification by LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B)(Weber, Benjamin) (Entered: 11/25/2013)

1 Exhibit 1

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Nov. 25, 2013

Nov. 25, 2013

PACER
52

Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting 51 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lovett, Zita) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
53

REPLY to Response to 47 MOTION to Certify Class and Memorandum in Support Thereof filed by LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weber, Benjamin) (Entered: 11/26/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Nov. 26, 2013

Nov. 26, 2013

PACER
54

ELECTRONIC NOTICE Canceling Hearing of 1/9/2014. A new date will be announced for a hearing on the pending motions. (Lovett, Zita) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
56

ELECTRONIC NOTICE of Reassignment. Pursuant to Judge Joseph L. Tauro's taking of senior status, this case is randomly reassigned to Judge William G. Young.(Abaid, Kimberly) (Entered: 12/26/2013)

Dec. 26, 2013

Dec. 26, 2013

PACER
57

ELECTRONIC NOTICE of Hearing. Status Conference set for 1/14/2014 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
58

ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Status Conference held on 1/14/2014. The Court sets the pending motion 47 MOTION to Certify Class for hearing on 2/11/2014 at 2:00 PM before Judge William G. Young. This hearing will take place at Boston College Law School, 885 Centre Street, East Wing, Room 115, Newton, MA. Bench Trial is placed on the running trial list for December 2014. A final pretrial conference will be set during the month of November 2014. A joint final pretrial memorandum is due the first business day of November 2014. Any motions for summary judgment are due on or before the first business day of September 2014. (Ready for Trial on 12/1/2014 09:00 AM in Courtroom 18 before Judge William G. Young.). (Court Reporter: Donald Womack at womack@megatran.com.)(Attorneys present: Churchill, Lichten for the plaintiffs, Simon for the defendant) (Gaudet, Jennifer) (Entered: 01/15/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
59

MOTION for Reconsideration of Dismissal by Bruce Smith.(Lichten, Harold) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
60

Assented to MOTION for Extension of Time to February 6, 2014 to File Opposition to Motion for Reconsideration by City of Boston.(Simon, John) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
61

Judge William G. Young: ELECTRONIC ORDER entered granting 60 Assented to MOTION for Extension of Time to February 6, 2014 to File Opposition to Motion for Reconsideration (Paine, Matthew) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
62

Reset Deadlines as to 59 MOTION for Reconsideration of Dismissal. Responses due by 2/6/2014 (Paine, Matthew) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
63

Joint MOTION for Extension of Time to February 13, 2014 to File Opposition to Motion for Reconsideration and to Continue Class Certification Hearing by City of Boston.(Simon, John) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
64

Judge William G. Young: ELECTRONIC ORDER entered granting 63 Joint Motion for Extension of Time to February 13, 2014 to File Opposition to Motion for Reconsideration and to Continue Class Certification Hearing by City of Boston. (Gaudet, Jennifer) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
65

ELECTRONIC NOTICE Resetting Hearing on Motion 47 MOTION to Certify Class and Memorandum in Support Thereof : Motion Hearing set for 3/6/2014 02:00 PM before Judge William G. Young. This hearing will take place at Suffolk Law School, 120 Tremont Street, 4th Floor, Boston, MA. (Gaudet, Jennifer) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
66

Opposition re 59 MOTION for Reconsideration of Dismissal filed by City of Boston. (Simon, John) (Entered: 02/13/2014)

Feb. 13, 2014

Feb. 13, 2014

PACER
67

Judge William G. Young: ELECTRONIC ORDER entered denying 59 MOTION for Reconsideration of Dismissal (Paine, Matthew) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
68

ELECTRONIC NOTICE Setting Hearing on Motion 47 MOTION to Certify Class and Memorandum in Support Thereof : Motion Hearing set for 3/25/2014 02:00 PM before Judge William G. Young. This hearing will take place at Suffolk Law School, 120 Tremont Street, 4th Floor, Boston, MA. (Gaudet, Jennifer) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
70

ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held at Suffolk Law School on 3/25/2014 re 47 MOTION to Certify Class and Memorandum in Support Thereof filed by John M Johnson, Robert Tinker, Bruce Smith, Paul Joseph, Kim Gaddy, Brian Keith Latson, LaTeisha Adams, Leighton Facey, Martin Joseph, Marwan Moss. After hearing from counsel, the Court enters an Order denying without prejudice 47 Motion to Certify Class. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Liss-Riordan and Churchill for the plaintiff, Simon for the defendant) (Gaudet, Jennifer) Modified on 4/11/2014 (Gaudet, Jennifer). (Entered: 04/11/2014)

March 25, 2014

March 25, 2014

PACER
71

NOTICE of Withdrawal of Appearance by Sara E. Smolik (Smolik, Sara) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
72

MOTION to Compel and Enforce Deposition and Document Subpoenas by LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker. (Attachments: # 1 Exhibit Affidavit of Ben Weber, # 2 Exhibit Deposition Subpoenas, # 3 Exhibit Proofs of service)(Lichten, Harold) (Entered: 08/14/2014)

1 Exhibit Affidavit of Ben Weber

View on PACER

2 Exhibit Deposition Subpoenas

View on PACER

3 Exhibit Proofs of service

View on PACER

Aug. 14, 2014

Aug. 14, 2014

PACER
73

CERTIFICATE OF SERVICE pursuant to LR 5.2 by LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker re 72 MOTION to Compel and Enforce Deposition and Document Subpoenas . (Lichten, Harold) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
74

Assented to MOTION for Extension of Time to 9/11/2014 to Respond to Paper No. 72 (Plaintiffs' Discovery Motion directed at HRD) by Massachusetts Human Resources Division.(Quinan, Robert) Modified on 8/29/2014 (Gaudet, Jennifer). (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

PACER
75

Judge William G. Young: ELECTRONIC ORDER entered granting 74 Assented to Motion for Extension of Time to File Response/Reply re 72 MOTION to Compel and Enforce Deposition and Document Subpoenas. Responses due by 9/11/2014. (Gaudet, Jennifer) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
76

Assented to MOTION for Extension of Time to 09/18/2014 to File Response/Reply as to 72 MOTION to Compel and Enforce Deposition and Document Subpoenas by Massachusetts Human Resources Division.(Quinan, Robert) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
77

Judge William G. Young: ELECTRONIC ORDER entered granting 76 Motion for Extension of Time to File Response/Reply re 72 MOTION to Compel and Enforce Deposition and Document Subpoenas Responses due by 9/18/2014 (Paine, Matthew) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

PACER
78

NOTICE of Change of Address or Firm Name by Harold L. Lichten (Lichten, Harold) (Main Document 78 replaced on 9/18/2014) (Gaudet, Jennifer). (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
79

Judge William G. Young: ELECTRONIC ORDER entered withdrawing as moot 72 Motion to Compel. Counsel represents the motion is withdrawn as moot. (Gaudet, Jennifer) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
80

Judge William G. Young: ORDER entered. PROCEDURAL ORDER re pretrial/trial. Final Pretrial Conference set for 11/10/2014 02:00 PM in Courtroom 18 before Judge William G. Young.(Gaudet, Jennifer) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
81

Emergency MOTION to Continue PreTrial Conference by City of Boston. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Simon, John) (Entered: 10/31/2014)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Oct. 31, 2014

Oct. 31, 2014

PACER
82

Opposition re 81 Emergency MOTION to Continue PreTrial Conference filed by LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker. (Lichten, Harold) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
83

PRETRIAL MEMORANDUM by Bruce Smith. (Attachments: # 1 Exhibit A)(Lichten, Harold) (Entered: 11/03/2014)

1 Exhibit A

View on PACER

Nov. 3, 2014

Nov. 3, 2014

PACER
84

Judge William G. Young: ELECTRONIC ORDER entered denying 81 Emergency Motion to Continue PreTrial Conference by City of Boston. (Gaudet, Jennifer) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER
85

Objection by LaTeisha Adams, Leighton Facey, Kim Gaddy, John M Johnson, Martin Joseph, Paul Joseph, Brian Keith Latson, Marwan Moss, Bruce Smith, Robert Tinker to Defendants' Witnesses and Exhibits. (Lichten, Harold) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
86

Objection by City of Boston to Plaintiffs' Witnesses and Exhibits. (Simon, John) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

RECAP
98

ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Final Pretrial Conference held (lobby) on 11/10/2014. The Court inquires as to settlement. Any summary judgment motions shall be filed within one week. No response to motions is necessary. A hearing on motion(s) for summary judgment is set for 12/1/2014 at 2:00 PM. Case is bifurcated. Jury waived trial expected to begin December 10th or 11th and is expected to last 10 days (2 weeks). If plaintiff's counsel's case in another district goes forward, this case will be postponed. The Court goes over the requirements of the session regarding time limits, exhibits, etc. (Court Reporter: None.)(Attorneys present: Churchill, Lichten, Webber for the plaintiff, Bok and Simon for the defendants) (Gaudet, Jennifer) (Entered: 11/18/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
87

NOTICE of Appearance by Kay H. Hodge on behalf of City of Boston (Hodge, Kay) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

PACER
88

NOTICE of Appearance by Geoffrey R. Bok on behalf of City of Boston (Bok, Geoffrey) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

PACER
89

MOTION for Summary Judgment by City of Boston.(Simon, John) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

RECAP

Case Details

State / Territory: Massachusetts

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 14, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Minority police officers denied promotion based on alleged discriminatory promotional exam.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Boston, City

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Unknown

Source of Relief:

Litigation

Issues

General:

Disparate Impact

Discrimination-area:

Promotion

Testing

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic