Case: Bird v. Barr

1:19-cv-01581 | U.S. District Court for the District of Columbia

Filed Date: May 29, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 29, 2019, a group of female Intelligence Analyst and Agent Trainees at the FBI’s Training Academy in Quantico, Virginia filed this lawsuit in the United States District Court for the District of Columbia on behalf of themselves and a class of more than 125 female Agent and Analyst Trainees who had been subjected to similar gender-based harassment, discrimination, and retaliation. The plaintiffs sued the Attorney General of the United States in his official capacity under Title VII of the…

On May 29, 2019, a group of female Intelligence Analyst and Agent Trainees at the FBI’s Training Academy in Quantico, Virginia filed this lawsuit in the United States District Court for the District of Columbia on behalf of themselves and a class of more than 125 female Agent and Analyst Trainees who had been subjected to similar gender-based harassment, discrimination, and retaliation. The plaintiffs sued the Attorney General of the United States in his official capacity under Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Rehabilitation Act. The plaintiffs, represented by private counsel, sought class certification, declaratory relief, and a permanent injunction prohibiting the FBI, its officers, agents, employees and successors, from engaging in the discriminatory employment practices against women. Additionally, they sought back pay, damages up to $300,000 for emotional distress for each member of the class, additional compensatory damages, and attorneys’ fees.

The female Trainees accused the FBI of running the Training Academy as a “Good Old Boy Network.” The plaintiffs claimed that they had been sexually harassed, subjected to a hostile work environment and outdated gender stereotypes, terminated, constructively discharged, forced to resign under pressure (or perceived that continuing in the training would be a futile gesture), suffered retaliation, and/or suffered other types of harassment in whole or in part because of their gender since April 10, 2015. The plaintiffs alleged that these violations where magnified when the trainee was a woman of color or had a disability. The plaintiffs with disabilities claimed they were denied reasonable accommodations and publicly humiliated for their disability.

In particular, the plaintiffs claimed that the FBI discriminated against them on the basis of sex during training by issuing notations of violations for perceived practical skills deficiencies and subsequent review measures to female Agent and Analyst Trainees at a rate higher than their male counterparts. The plaintiffs further alleged that the training instructors assumed that male Trainees had better tactical instincts due to gender-based stereotypes and that female Trainees were often singled out in class because they were perceived as being weak and prone to failure. As a result, the plaintiffs alleged they received far more notations than their male counterparts who were not singled out.

At the same time as the filing of the complaint, eleven of the sixteen plaintiffs filed a motion to proceed under pseudonyms for two reasons: first, the plaintiffs wanted to preserve their privacy due to the sensitive and highly personal nature of the allegations in the complaint and second, the plaintiffs feared a risk of retaliatory physical or emotional harm in their law enforcement work. On June 6, 2019, Chief Judge Beryl A. Howell granted in part and denied in part this motion. Chief Howell granted the motion to conceal the home addresses of the plaintiffs. However, Chief Howell denied the motion to proceed under pseudonyms because discrepancies between their original and amended complaint created confusion regarding which person would be associated with which pseudonym. Chief Howell further stated that the plaintiffs did not individually give sufficient proof that their privacy interests outweighed the public’s interest in disclosure. The plaintiffs filed for reconsideration, and on July 3, 2019, Chief Judge Howell permitted ten of the plaintiffs to proceed under pseudonyms due to the risks posed to their safety as well as the potential threat to their careers in law enforcement. 2019 WL 2870234. The case was then assigned to Judge Ketanji Brown Jackson on July 8, 2019.

The plaintiffs subsequently moved for a preliminary injunction for protection from FBI retaliation. They argued that since the filing of the lawsuit plaintiffs and witnesses faced explicit threats of termination and other retaliatory actions for involvement in the lawsuit. On September 10, 2019, Judge Ketanji Brown Jackson denied the motion for lack of jurisdiction because the retaliatory events were not included in the complaint.

In response, on September 12, 2019, the plaintiffs amended their complaint to include allegations of retaliation taken against one of the plaintiffs as a result of her involvement in the lawsuit in violation of Title VII of the Civil Rights Act and Rehabilitation Act. They also added requests to certify the proposed class and recognize Analyst Trainees and Agent Trainees as subclasses. Additionally, the amended complaint modified the requested relief. It removed the $300,000 cap on compensatory damages for each member of the class for emotional distress. The amended complaint included specific compensatory requests for four individuals in addition to the compensatory requests for the members of the class.

On September 25, 2019, the plaintiffs once again moved for a preliminary injunction for protection from FBI retaliation. A hearing on the motion was held on December 23, 2019, with the court denying the motion on July 23, 2020. The court denied the motion for a preliminary injunction claiming that they lacked the jurisdiction to order the FBI to refrain from generally retaliating against plaintiffs and witnesses. The court held that plaintiffs were trying to enjoin FBI retaliation, not the action that the complaint alleged was unlawful--the sex discrimination that occurred during plaintiffs' FBI training. The court also denied the injunction request with regard to specific retaliation claims of one plaintiff, holding that the plaintiff had not established that they have a likelihood of success on the merits of that legal claim, nor had they demonstrated that the plaintiff in question was at imminent risk of irreparable harm.

On January 31, 2020, the plaintiffs filed an amended complaint and, in response, the defendants filed a partial motion to dismiss for lack of jurisdiction. The plaintiffs filed a new amended complaint on March 16, 2020. The third amended complaint added an additional plaintiff and adjusted arguments accordingly. The defendant filed a partial motion to dismiss the third amended complaint for lack of jurisdiction on April 6, 2020.

Judge Jackson was elevated to the D.C. Circuit in mid-2021 and the case was reassigned to Judge Jia M. Cobb. As of March 27, 2022, the motion to dismiss remains pending the case is ongoing.

Summary Authors

Olivia Vigiletti (10/4/2019)

Tessa McEvoy (11/19/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15693909/parties/bird-v-barr/


Judge(s)

Howell, Beryl Alaine (District of Columbia)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Cammarano, Stacy N. (District of Columbia)

Sellers, Joseph Marc (District of Columbia)

Shaffer, David J. (District of Columbia)

Webber, Christine E. (District of Columbia)

Attorneys(s) for Defendant

Tomlinson, Martin (District of Columbia)

Judge(s)

Howell, Beryl Alaine (District of Columbia)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Cammarano, Stacy N. (District of Columbia)

Sellers, Joseph Marc (District of Columbia)

Shaffer, David J. (District of Columbia)

Webber, Christine E. (District of Columbia)

Attorneys(s) for Defendant

Tomlinson, Martin (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 14, 2020 Docket
1

Complaint

May 29, 2019 Complaint
3

Memorandum and Order

June 6, 2019 Order/Opinion
6

Memorandum Opinion and Order

2019 WL 2870234

July 3, 2019 Order/Opinion
21

Order

Sept. 10, 2019 Order/Opinion
22

First Amended Complaint

Sept. 12, 2019 Complaint
49

Third Amended Complaint

March 16, 2020 Complaint
55

Memorandum Opinion

2020 WL 4219784

July 23, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15693909/bird-v-barr/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0090-6152998) filed by B.G., D.A., CLARE COETZER, PAULA BIRD, W.M., G.T., B.A., LAUREN ROSE, D.C., M.L., C.S., L.S., S.B., DANIELLE SNIDER, P.E., ERIKA WESLEY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Shaffer, David) (Entered: 05/29/2019)

1 Civil Cover Sheet

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2 Summons

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May 29, 2019 Clearinghouse
2

MOTION to Proceed Under Pseudonym by B.A., B.G., PAULA BIRD, C.S., CLARE COETZER, D.A., D.C., G.T., L.S., M.L., P.E., LAUREN ROSE, S.B., DANIELLE SNIDER, W.M., ERIKA WESLEY (Attachments: # 1 Text of Proposed Order)(Shaffer, David) (Additional attachment(s) added on 6/7/2019: # 2 Exhibit) (zsb). (Entered: 05/29/2019)

May 29, 2019 PACER
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ORDER granting in part and denying in part 2 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 06/06/2019. (zsb) (Entered: 06/07/2019)

June 6, 2019 Clearinghouse
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SEALED MOTION for Reconsideration of Motion to Proceed Anonymously filed by B.A., B.G., PAULA BIRD, C.S., CLARE COETZER, D.A., D.C., G.T., L.S., M.L., P.E., LAUREN ROSE, S.B., DANIELLE SNIDER, W.M., ERIKA WESLEY. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order)(zef, ) (Entered: 06/20/2019)

June 19, 2019 PACER

Order on Sealed Motion

June 26, 2019 PACER

MINUTE ORDER (paperless) DENYING WITHOUT PREJUDICE the plaintiffs' 4 Motion for Reconsideration of Motion to Proceed Anonymously (Sealed). Review of the plaintiffs' motion and supporting documentation suggests that the motion is not complete, as it was filed in draft form, with highlights and comments visible and several citations left blank. Moreover, the declarations in support of the motion are, for the most part, unsigned and undated. The plaintiffs' attorney failed to respond to this Court's attempt to verify whether the filings were complete. Accordingly, the motion is denied without prejudice. Signed by Chief Judge Beryl A. Howell on June 26, 2019. (lcbah4) Modified on 6/26/2019 to edit a word (hmc).

June 26, 2019 PACER
5

SEALED CORRECTED MOTION FOR RECONSIDERATION OF MOTION TO PROCEED ANONYMOUSLY filed by B.A., B.G., PAULA BIRD, C.S., CLARE COETZER, D.A., D.C., G.T., L.S., M.L., P.E., LAUREN ROSE, S.B., DANIELLE SNIDER, W.M., ERIKA WESLEY. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit)(zef, ) (Entered: 06/27/2019)

June 27, 2019 PACER
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MEMORANDUM OPINION AND ORDER GRANTED in part DENIED in part re 5 SEALED MOTION. Signed by Chief Judge Beryl A. Howell on 07/03/2019.(See Order for details.)(zmc) (Entered: 07/03/2019)

July 3, 2019 Clearinghouse

Case Assigned/Reassigned

July 8, 2019 PACER

Case Assigned to Judge Ketanji Brown Jackson. (zsb)

July 8, 2019 PACER
7

GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 7/9/2019. (lckbj1) (Entered: 07/09/2019)

July 9, 2019 PACER

Case Assigned/Reassigned

July 9, 2019 PACER
8

SUMMONS (1) Issued Electronically as to WILLIAM P. BARR, U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 07/10/2019)

1 Notice and Consent

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July 10, 2019 RECAP
9

COMPLAINT against WILLIAM P. BARR with Jury Demand (Fee Status:Filing Fee Waived) filed by B.G., D.A., CLARE COETZER, PAULA BIRD, W.M., G.T., B.A., LAUREN ROSE, D.C., C.S., L.S., S.B., DANIELLE SNIDER, P.E., ERIKA WESLEY, Spencer Lee.(Shaffer, David) (Entered: 07/13/2019)

July 13, 2019 PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/15/2019. (Attachments: # 1 Affidavit Affidavit of Service on Barr c/o Asst. Atty. General for Administration, # 2 Affidavit Affidavit of Service on Barr c/o U.S Atty for DC)(Shaffer, David) (Entered: 07/21/2019)

1 Affidavit Affidavit of Service on Barr c/o Asst. Atty. General for Administratio

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2 Affidavit Affidavit of Service on Barr c/o U.S Atty for DC

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July 21, 2019 RECAP
11

NOTICE of Appearance by Martin M. Tomlinson on behalf of WILLIAM P. BARR (Tomlinson, Martin) (Entered: 07/29/2019)

July 29, 2019 PACER
12

NOTICE of Appearance by Christine E. Webber on behalf of All Plaintiffs (Webber, Christine) (Entered: 08/01/2019)

Aug. 1, 2019 PACER
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NOTICE of Appearance by Stacy N. Cammarano on behalf of All Plaintiffs (Cammarano, Stacy) (Entered: 08/01/2019)

Aug. 1, 2019 PACER
14

NOTICE of Appearance by Joseph M. Sellers on behalf of All Plaintiffs (Sellers, Joseph) (Entered: 08/01/2019)

Aug. 1, 2019 PACER
15

MOTION for Preliminary Injunction Plaintiffs' Motion for Preliminary Injunction for Protection From Retaliation by B.A., B.G., PAULA BIRD, C.S., CLARE COETZER, D.A., D.C., G.T., L.S., Spencer Lee, M.L., P.E., LAUREN ROSE, S.B., DANIELLE SNIDER, W.M., ERIKA WESLEY (Attachments: # 1 Memorandum in Support Plaintiffs' Memorandum of Points and Authorities in Support of Their Motion for Preliminary Injunction for Protection From Retaliation, # 2 Exhibit Exhibit Index, # 3 Exhibit EXHIBIT 1, # 4 Exhibit EXHIBIT 2, # 5 Exhibit EXHIBIT 3, # 6 Exhibit EXHIBIT 4, # 7 Exhibit EXHIBIT 5, # 8 Exhibit EXHIBIT 6, # 9 Exhibit EXHIBIT 7, # 10 Exhibit EXHIBIT 8, # 11 Exhibit EXHIBIT 9, # 12 Text of Proposed Order PROPOSED ORDER ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION)(Webber, Christine) (Entered: 08/02/2019)

1 Memorandum in Support Plaintiffs' Memorandum of Points and Authorities in S

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2 Exhibit Exhibit Index

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3 Exhibit EXHIBIT 1

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4 Exhibit EXHIBIT 2

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5 Exhibit EXHIBIT 3

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6 Exhibit EXHIBIT 4

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7 Exhibit EXHIBIT 5

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8 Exhibit EXHIBIT 6

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9 Exhibit EXHIBIT 7

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10 Exhibit EXHIBIT 8

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11 Exhibit EXHIBIT 9

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12 Text of Proposed Order PROPOSED ORDER ON PLAINTIFFS MOTION FOR PRELIMINARY INJUN

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Aug. 2, 2019 RECAP
16

RESPONSE re 15 MOTION for Preliminary Injunction Plaintiffs' Motion for Preliminary Injunction for Protection From Retaliation filed by WILLIAM P. BARR. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Declaration Exhibit 1 - Declaration of Angela Y. Norman, # 3 Declaration Exhibit 2 - Declaration of Andrew Braun, # 4 Declaration Exhibit 3 - Declaration of Gina Orton, # 5 Exhibit Exhibit 4 - FBI Reasonable Accommodation Policy, # 6 Text of Proposed Order Proposed Order)(Tomlinson, Martin) (Entered: 08/09/2019)

Aug. 9, 2019 PACER

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Aug. 12, 2019 PACER

.Order

Aug. 12, 2019 PACER

MINUTE ORDER. It is hereby ORDERED that Plaintiffs shall file a reply in further support of their 15 Motion for a Preliminary Injunction on or before 8/16/2019. Signed by Judge Ketanji Brown Jackson on 8/12/2019. (lckbj1)

Aug. 12, 2019 PACER
17

REPLY to opposition to motion re 15 MOTION for Preliminary Injunction Plaintiffs' Motion for Preliminary Injunction for Protection From Retaliation filed by B.A., B.G., PAULA BIRD, C.S., CLARE COETZER, D.A., D.C., G.T., L.S., Spencer Lee, M.L., P.E., LAUREN ROSE, S.B., DANIELLE SNIDER, W.M., ERIKA WESLEY. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 (Placeholder), # 3 Exhibit 2)(Webber, Christine) (Entered: 08/16/2019)

Aug. 16, 2019 PACER

Order on Sealed Motion for Leave to File Document Under Seal

Aug. 16, 2019 PACER
18

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by B.A., B.G., PAULA BIRD, C.S., CLARE COETZER, D.A., D.C., G.T., L.S., Spencer Lee, M.L., P.E., LAUREN ROSE, S.B., DANIELLE SNIDER, W.M., ERIKA WESLEY (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Webber, Christine) (Entered: 08/16/2019)

Aug. 16, 2019 PACER

MINUTE ORDER granting 18 Sealed Motion for Leave to File Document Under Seal. Plaintiffs shall file a redacted version of the subject declaration on the public docket on or before 8/23/2019. Signed by Judge Ketanji Brown Jackson on 8/16/2019. (lckbj1)

Aug. 16, 2019 PACER
20

SEALED Exhibit re 17 Reply to opposition to Motion, filed by DANIELLE SNIDER, S.B., CLARE COETZER, B.A., LAUREN ROSE, L.S., W.M., B.G., D.C., P.E., ERIKA WESLEY, C.S., M.L., G.T., D.A., Spencer Lee, PAULA BIRD. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 08/23/2019)

Aug. 16, 2019 PACER

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Aug. 19, 2019 PACER

.Order

Aug. 19, 2019 PACER

MINUTE ORDER setting Motion Hearing on Plaintiffs' 15 Motion for Preliminary Injunction for 9/12/2019 at 10:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 8/19/2019. (lckbj1)

Aug. 19, 2019 PACER
19

RESPONSE TO ORDER OF THE COURT re Order on Sealed Motion for Leave to File Document Under Seal, Redacted Exhibit 1 to Plaintiffs' Reply in Support of Preliminary Injunction filed by B.A., B.G., PAULA BIRD, C.S., CLARE COETZER, D.A., D.C., G.T., L.S., Spencer Lee, M.L., P.E., LAUREN ROSE, S.B., DANIELLE SNIDER, W.M., ERIKA WESLEY. (Cammarano, Stacy) (Entered: 08/22/2019)

Aug. 22, 2019 PACER
21

ORDER denying 15 Motion for Preliminary Injunction, vacating Motion Hearing set for 9/12/2019, and setting deadline of 9/20/2019 for Plaintiffs to file a motion to amend or an amended complaint. Signed by Judge Ketanji Brown Jackson on 9/10/2019. (lckbj1) (Entered: 09/10/2019)

Sept. 10, 2019 Clearinghouse
22

AMENDED COMPLAINT against All Defendants with Jury Demand filed by B.G., D.A., CLARE COETZER, PAULA BIRD, Spencer Lee, W.M., G.T., B.A., LAUREN ROSE, D.C., M.L., C.S., L.S., S.B., DANIELLE SNIDER, P.E., ERIKA WESLEY. (Attachments: # 1 Exhibit Def's Written Consent, # 2 Exhibit Complaint Comparison)(Webber, Christine) (Entered: 09/12/2019)

1 Exhibit Def's Written Consent

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2 Exhibit Complaint Comparison

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Sept. 12, 2019 Clearinghouse
23

Unopposed MOTION for Extension of Time to File Answer re 22 Amended Complaint, until October 25, 2019 by WILLIAM P. BARR (Tomlinson, Martin) (Entered: 09/16/2019)

Sept. 16, 2019 PACER

Set/Reset Deadlines

Sept. 16, 2019 PACER

Order on Motion for Extension of Time to Answer

Sept. 16, 2019 PACER

MINUTE ORDER granting, for good cause shown, 23 Unopposed Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant shall answer or otherwise respond to the amended complaint on or before 10/25/2019. Signed by Judge Ketanji Brown Jackson on 9/16/2019. (lckbj1)

Sept. 16, 2019 PACER
24

MOTION for Preliminary Injunction for Protection from Retaliation by B.A., B.G., PAULA BIRD, C.S., CLARE COETZER, D.A., D.C., G.T., L.S., SPENCER LEE, M.L., P.E., LAUREN ROSE, S.B., DANIELLE SNIDER, W.M., ERIKA WESLEY (Attachments: # 1 Memorandum in Support, # 2 Exhibit Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Text of Proposed Order)(Webber, Christine) (Entered: 09/25/2019)

Sept. 25, 2019 PACER
25

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by B.A., B.G., PAULA BIRD, C.S., CLARE COETZER, D.A., D.C., G.T., L.S., SPENCER LEE, M.L., P.E., LAUREN ROSE, S.B., DANIELLE SNIDER, W.M., ERIKA WESLEY (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1 UNREDACTED, # 2 Text of Proposed Order)(Webber, Christine) (Entered: 09/25/2019)

Sept. 25, 2019 PACER

MINUTE ORDER granting 25 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Ketanji Brown Jackson on 9/27/2019. (lckbj1)

Sept. 27, 2019 PACER
26

SEALED Declaration re 24 MOTION for Preliminary Injunction for Protection from Retaliation filed by filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 10/01/2019)

Sept. 27, 2019 PACER

Order on Sealed Motion for Leave to File Document Under Seal

Sept. 28, 2019 PACER
27

RESPONSE re 24 MOTION for Preliminary Injunction for Protection from Retaliation filed by WILLIAM P. BARR. (Attachments: # 1 Appendix Index of Exhibits, # 2 Declaration Norman Declaration, # 3 Declaration Braun Declaration, # 4 Declaration Orton Declaration, # 5 Declaration Burzacchi Declaration, # 6 Exhibit Reasonable Accommodation Guide)(Tomlinson, Martin) (Entered: 10/03/2019)

Oct. 2, 2019 PACER
28

NOTICE of Errata as to Exhibit 2 of Response and Notice of Filing Corrected Declaration by WILLIAM P. BARR re 27 Response to motion, (Attachments: # 1 Declaration Corrected Braun Declaration)(Tomlinson, Martin) (Entered: 10/03/2019)

Oct. 3, 2019 PACER
29

Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Preliminary Injunction for Protection from Retaliation by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Cammarano, Stacy) (Entered: 10/07/2019)

Oct. 7, 2019 PACER
30

REPLY to opposition to motion re 24 MOTION for Preliminary Injunction for Protection from Retaliation filed by ALL PLAINTIFFS. (Attachments: # 1 Appendix Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Webber, Christine) (Entered: 10/09/2019)

Oct. 9, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 9, 2019 PACER
31

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 2, # 2 Text of Proposed Order)(Webber, Christine) (Entered: 10/09/2019)

Oct. 9, 2019 PACER

MINUTE ORDER finding as moot 29 Motion for Extension of Time to File Reply. Signed by Judge Ketanji Brown Jackson on 10/9/2019. (jag) Modified on 10/10/2019, to correct a chamber's error. (zgdf).

Oct. 9, 2019 PACER

Order on Sealed Motion for Leave to File Document Under Seal

Oct. 15, 2019 PACER

MINUTE ORDER granting 31 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Ketanji Brown Jackson on 10/15/2019. (jag)

Oct. 15, 2019 PACER
32

Consent MOTION for Extension of Time to File Answer re 9 Complaint, and Extension of time for Plaintiffs to Respond to Defendant's Anticipated Motion to Dismiss by WILLIAM P. BARR (Attachments: # 1 Text of Proposed Order Proposed Order)(Tomlinson, Martin) (Entered: 10/17/2019)

Oct. 17, 2019 PACER

Order on Motion for Extension of Time to Answer

Oct. 22, 2019 PACER

MINUTE ORDER: This Court has received the Defendant's 32 Consent Motion for an Extension of Time to Answer the Complaint in this matter. It is the practice of this Court that when a motion for a preliminary injunction has been filed before the defendant has answered or otherwise responded to the complaint, the defendant's obligation to respond to the complaint shall be suspended during the Court's consideration of the merits of the preliminary injunction motion. Accordingly, it is hereby ORDERED that Defendant's 32 Consent Motion for Extension of Time to Answer the Complaint is GRANTED in part and DENIED part. Defendant will have until 14 days after the Court issues its order on the 24 Motion for Preliminary Injunction to answer or otherwise respond to the Complaint. Signed by Judge Ketanji Brown Jackson on 10/22/2019. (JAG) Modified on 10/24/2019 to correct Chambers Error(zjch).

Oct. 22, 2019 PACER
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SEALED Exhibit filed by ALL PLAINTIFFS. re 30 Reply to opposition to Motion, filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 10/23/2019)

Oct. 23, 2019 PACER

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Oct. 24, 2019 PACER

.Order

Oct. 24, 2019 PACER

MINUTE ORDER setting Motion Hearing on 24 Motion for Preliminary Injunction for 12/23/2019 at 02:30 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 10/24/2019. (JAG)

Oct. 24, 2019 PACER
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NOTICE of Appearance by Amber Richer on behalf of WILLIAM P. BARR (Richer, Amber) (Main Document 34 replaced on 10/29/2019) (zjf). (Entered: 10/29/2019)

Oct. 29, 2019 PACER
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SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILLIAM P. BARR (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Proposed Status Report, # 2 Text of Proposed Order)(Tomlinson, Martin) (Entered: 12/10/2019)

Dec. 10, 2019 PACER

Order on Sealed Motion for Leave to File Document Under Seal

Dec. 11, 2019 PACER

~Util - Set/Reset Deadlines

Dec. 11, 2019 PACER

Order to Show Cause

Dec. 11, 2019 PACER

MINUTE ORDER granting 35 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Ketanji Brown Jackson on 12/11/2019. (jag)

Dec. 11, 2019 PACER

MINUTE ORDER TO SHOW CAUSE why Plaintiffs' 24 Motion for a Preliminary Injunction should not be summarily denied or stayed in light of the circumstances indicated in Defendant's Status Report. Any party who feels that the circumstances related in Defendants Status Report have no bearing on the Court's ability to afford the relief requested in Plaintiffs' 24 Motion shall explain why not, in a brief of no more than 10 pages, to be filed on or before Friday, 12/13/2019, at 5:00 PM. Any response to such brief shall be filed on or before Monday, 12/16/2019, at 5:00 PM, and shall likewise be no more than 10 pages in length. Signed by Judge Ketanji Brown Jackson on 12/11/2019. (jag)

Dec. 11, 2019 PACER
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SEALED DOCUMENT filed by WILLIAM P. BARR(This document is SEALED and only available to authorized persons.)(Tomlinson, Martin) (Entered: 12/11/2019)

Dec. 11, 2019 PACER
37

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Supplement Brief in Support of Preliminary Injunction, # 2 Declaration of Wesley, # 3 Declaration of Shaffer, # 4 Text of Proposed Order)(Webber, Christine) (Entered: 12/12/2019)

Dec. 12, 2019 PACER

Order on Sealed Motion for Leave to File Document Under Seal

Dec. 13, 2019 PACER

MINUTE ORDER granting 37 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Ketanji Brown Jackson on 12/13/2019. (jag)

Dec. 13, 2019 PACER
38

SEALED DOCUMENT filed by ALL PLAINTIFFS(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration Wesley, # 2 Declaration Shaffer, # 3 Text of Proposed Order)(Webber, Christine) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
39

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILLIAM P. BARR (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Proposed Supplemental Brief, # 2 Exhibit Proposed Exhibit A to Supplemental Brief, # 3 Exhibit Proposed Exhibit B to Supplemental Brief, # 4 Text of Proposed Order Proposed Order)(Tomlinson, Martin) (Entered: 12/16/2019)

Dec. 16, 2019 PACER

Order on Sealed Motion for Leave to File Document Under Seal

Dec. 19, 2019 PACER

MINUTE ORDER granting 39 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Ketanji Brown Jackson on 12/19/2019. (jag)

Dec. 19, 2019 PACER
40

SEALED SUPPLEMENTAL BRIEF filed by WILLIAM P. BARR re 38 Sealed Document (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Exhibit A - Declaration, # 2 Exhibit Exhibit B - Policy)(Tomlinson, Martin) (Entered: 12/19/2019)

Dec. 19, 2019 PACER
41

Joint MOTION for Scheduling Order by ALL PLAINTIFFS (Webber, Christine) (Entered: 12/23/2019)

Dec. 23, 2019 PACER

Motion Hearing

Dec. 23, 2019 PACER

Minute Entry for Motion Hearing proceedings held on 12/23/2019, before Judge Ketanji Brown Jackson re 24 MOTION for Preliminary Injunction for Protection. Oral arguments heard and motion taken under advisement. (Court Reporter: Sara Wick) (zgdf)

Dec. 23, 2019 PACER

Set/Reset Deadlines

Dec. 26, 2019 PACER

Order on Motion for Scheduling Order

Dec. 26, 2019 PACER

MINUTE ORDER granting 41 Joint Motion for Scheduling Order. It is hereby ORDERED that Plaintiffs shall file their second amended complaint on or before 1/31/2020, and that Defendant shall answer or otherwise respond to the second amended complaint on or before 3/2/2020. It is FURTHER ORDERED that the deadline for Plaintiffs to file their motion for class certification, and for the parties to exchange Rule 26(a) Initial Disclosures, is STAYED until further Order of this Court. In addition, for good cause shown, the Court will delay issuance of any scheduling order in this matter until further Order. Signed by Judge Ketanji Brown Jackson on 12/26/2019. (jag)

Dec. 26, 2019 PACER

Set/Reset Deadlines

Dec. 30, 2019 PACER

Set/Reset Deadlines: Answer due by 3/2/2020. (zgdf)

Dec. 30, 2019 PACER
42

AMENDED COMPLAINT (Second) against All Defendants with Jury Demand filed by ALL PLAINTIFFS, T. S.. (Attachments: # 1 Exhibit Redlined 2nd Amended Complaint)(Webber, Christine) (Entered: 01/31/2020)

Jan. 31, 2020 PACER
43

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Supplement Cover Motion for Leave, # 2 Memorandum in Support, # 3 Declaration, # 4 Text of Proposed Order)(Webber, Christine) (Entered: 01/31/2020)

Jan. 31, 2020 PACER
58

SEALED MOTION FOR LEAVE FOR ADDITIONAL PLAINTIFF TO PROCEEDUNDER A PSEUDONYM filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Declaration)(zjf) (Entered: 10/14/2020)

Jan. 31, 2020 PACER
44

RESPONSE re 43 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PLAINTIFFS (This document is SEALED and only available to authorized persons.) filed by WILLIAM P. BARR. (Richer, Amber) (Entered: 02/14/2020)

Feb. 14, 2020 PACER
45

Partial MOTION to Dismiss Second Amended Complaint, Partial MOTION to Dismiss for Lack of Jurisdiction Second Amended Complaint by WILLIAM P. BARR (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Index of Exhibits, # 4 Exhibit Rose Final Agency Decision, # 5 Exhibit L.S. Final Agency Decision)(Tomlinson, Martin) (Entered: 03/02/2020)

March 2, 2020 PACER

Notice of QC

March 3, 2020 PACER

NOTICE OF ERROR re 45 Motion to Dismiss; emailed to martin.m.tomlinson@usdoj.gov, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Login/Password must match signature page(s). Counsel must file an Errata and as an attachment the Signature Page(s). (zjf, )

March 3, 2020 PACER
46

NOTICE of Errata and Filing of Corrected Signature Pages by WILLIAM P. BARR re 45 Partial MOTION to Dismiss Second Amended ComplaintPartial MOTION to Dismiss for Lack of Jurisdiction Second Amended Complaint (Attachments: # 1 Errata Corrected Signature Pages)(Tomlinson, Martin) (Entered: 03/03/2020)

March 3, 2020 PACER
47

Joint MOTION for Extension of Time to Complete Briefing on Defendant's Motion to Dismiss by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Webber, Christine) (Entered: 03/06/2020)

March 6, 2020 PACER

Set/Reset Deadlines

March 13, 2020 PACER

Order on Motion for Extension of Time to

March 13, 2020 PACER

MINUTE ORDER granting, for good cause shown, 47 Joint Motion for Extension of Time to file responses and replies re 45 Partial Motion to Dismiss. It is hereby ORDERED that Plaintiffs shall file their response to the motion to dismiss on or before 3/23/2020, and Defendant shall file any reply on or before 4/6/2020. Signed by Judge Ketanji Brown Jackson on 3/13/2020. (jag)

March 13, 2020 PACER
48

NOTICE of Filing Third Amended Complaint by ALL PLAINTIFFS (Attachments: # 1 Exhibit 3rd Amended Complaint, # 2 Exhibit Redlined Complaint)(Webber, Christine) (Entered: 03/16/2020)

March 16, 2020 PACER
49

AMENDED COMPLAINT Third against All Defendants with Jury Demand filed by ALL PLAINTIFFS.(Webber, Christine) (Entered: 03/16/2020)

March 16, 2020 Clearinghouse
50

Joint MOTION for Briefing Schedule by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Webber, Christine) (Entered: 03/16/2020)

March 16, 2020 PACER

Order on Motion for Briefing Schedule

March 18, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 29, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

16 female New Agent Trainees and Intelligence Analyst Trainees at the FBI’s Training Academy in Quantico, Virginia who have been subjected to harassment, discrimination, and retaliation on the basis of their sex

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Attorney General of the United States (District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Training

Discrimination-basis:

Sex discrimination

Affected Gender:

Female