Case: Chalmers v. New York

1:20-cv-03389 | U.S. District Court for the Southern District of New York

Filed Date: May 1, 2020

Case Ongoing

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Case Summary

Fire protection inspectors (FPIs) and associate fire protection inspectors brought this class-action suit against the Fire Department of New York (FDNY) in the U.S. District Court for the Southern District of New York, alleging that the Department engaged in racial discrimination by compensating FPIs and Building Inspectors (BIs) at different rates. FPIs and BIs tend to perform similar duties and have similar education levels, but a larger percentage of FPIs are people of color (70%) than BIs (…

Fire protection inspectors (FPIs) and associate fire protection inspectors brought this class-action suit against the Fire Department of New York (FDNY) in the U.S. District Court for the Southern District of New York, alleging that the Department engaged in racial discrimination by compensating FPIs and Building Inspectors (BIs) at different rates. FPIs and BIs tend to perform similar duties and have similar education levels, but a larger percentage of FPIs are people of color (70%) than BIs (50%). The plaintiffs argued that FDNY racially discriminated against Black and other FPIs of color by under-compensating them, in terms of their salaries as well as their retirement packages and overtime pay. The plaintiffs further contended that FDNY's discrimination against FPIs was part of a larger pattern of racial discrimination within the FDNY, including the disparate treatment of sub-groups within the department that tend to be composed of a larger proportion of white people, like fire fighters and emergency medicine technicians, as compared to FPIs, who tend to be people of color.

The suit was brought on behalf of one main class and an additional subclass. The main class included all FPIs and associate FPIs who had worked for the Department at any time between three years prior to time between when the complaint was filed and when the class is certified. The plaintiffs also brought claims on behalf of a sub-class of individuals who do not self-identify as white and who have been employed by the City as FPIs or associate FPIs any time between three years prior to the time the complaint was filed and the date the subclass is certified. The plaintiffs filed suit for disparate impact on behalf of the class under 42 U.S.C. §§ 1981 and 1983 and disparate treatment under Title VII and under the New York City Human Rights Law ("NYCHRL"). The plaintiffs also brought disparate impact claims for the subclass under Title VII and the New York City Human Rights Law. The case was assigned to U.S. District Court Judge Analisa Torres.

On September 21, 2020, the City of New York filed a motion to dismiss alleging that 1) plaintiffs failed to administratively exhaust their Title VII claims; 2) the white members of the class could not allege disparate treatment under Title VII; 3) FPIs and BIs are not comparable, so there is no disparate treatment or disparate impact. 

The court ruled on the motion to dismiss on September 16 of the following year, granting it in part. The court dismissed the claims by white FPIs under Title VII and the NYCHRL because those plaintiffs had not sufficiently alleged that they were discriminated against based on race or because of their relationship with the FPIs of color. However, the court held that the other plaintiffs had sufficiently alleged that the FPIs and BIs were comparable, and that the factual question as to whether they were similarly situated should not be decided on a motion to dismiss. The court also found that the issue of administrative exhaustion was moot because after the City moved to dismiss, the plaintiffs obtained the required administrative exhaustion documentation. 2021 WL 4226181.

On August 30, 2021, the plaintiffs filed a motion to certify a class of “all persons who have been employed by the City as fire protection inspectors or associate fire protection inspectors in the Fire Department of New York at any time between May 1, 2017 . . . and the date a class is certified.” They also proposed a subclass of “all persons who do not self-identify as white and who have been employed by the City as FPIs in the FDNY” during the same time period. The court granted the motion on September 19, 2022. 2022 WL 4330119.

On October 12, 2021, the plaintiffs filed an amended complaint, which refined its claim about the white members of FPI, alleging that they too were entitled to damages due to the discriminatory disparate impact of the different treatment between FPIs and BIs.

On November 9, 2021, the City filed a motion to dismiss count 3 of the amended complaint, which alleged that the treatment of the entire class, including white members, violated the NYCHRL. This motion was denied by the court on June 9 of the following year. The court held that the plaintiffs had sufficiently alleged that the white FPIs suffered an independent injury because of their professional relationship with the FPIs of color. 2022 WL 2078208.

On August 31, 2023, the parties moved for preliminary approval of a settlement agreement. The agreement had two settlement classes: a “damages class” for FPIs who had suffered damages since 2017, and a “pay adjustment class” for current FPIs whose pay would be raised to match the average pay of BIs. In total, the City agreed to pay a total of $29.2 million in damages and expenses. About $1.7 million would go to the pay adjustment class, $18.4 million would go to the damages class, and $8.9 million would go to attorneys’ fees. The parties also agreed to create a labor-management committee to discuss discrimination against FPIs.

As of November 16, 2023, the court had not yet ruled on the proposed settlement.

Summary Authors

Gabrielle Simeck (11/8/2020)

Madilynn O'Hara (11/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17119503/parties/chalmers-v-city-of-new-york/


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Documents in the Clearinghouse

Document

1:20-cv-03389

Docket [PACER]

Chalmers v. City of New York

Nov. 6, 2020

Nov. 6, 2020

Docket
1

1:20-cv-03389

Complaint Class Action

Chalmers v. City of New York

May 1, 2020

May 1, 2020

Complaint
63

1:20-cv-03389

Order

Chalmers v. City of New York

Sept. 16, 2021

Sept. 16, 2021

Order/Opinion

2021 WL 2021

69

1:20-cv-03389

First Amended Complaint

Oct. 12, 2021

Oct. 12, 2021

Complaint
93

1:20-cv-03389

Order

Chalmers v. City of New York

June 9, 2022

June 9, 2022

Order/Opinion

2022 WL 2022

98

1:20-cv-03389

Order

Chalmers v. City of New York

Sept. 19, 2022

Sept. 19, 2022

Order/Opinion

2022 WL 2022

120

1:20-cv-03389

Memorandum of Law in Support of Motion

Aug. 30, 2023

Aug. 30, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17119503/chalmers-v-city-of-new-york/

Last updated May 4, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against CITY OF NEW YORK. (Filing Fee $ 400.00, Receipt Number ANYSDC-19662761)Document filed by AFSCME District Council 37 Local 2507, James Nova, Darryl Chalmers, Glenn Mendez, Darren Connors, Fatima Q. Rosemond..(Lieder, Michael) Modified on 5/4/2020 (jgo). (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

Clearinghouse
2

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Lieder, Michael) Modified on 5/4/2020 (jgo). (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Lieder, Michael) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
4

STATEMENT OF RELATEDNESS re: that this action be filed as related to 17 Civ. 09447 (JPO). Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Lieder, Michael) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

Notice to Attorney Regarding Deficient Pleading

May 4, 2020

May 4, 2020

PACER

Case Opening Initial Assignment Notice

May 4, 2020

May 4, 2020

PACER

Notice to Attorney Regarding Party Modification

May 4, 2020

May 4, 2020

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

May 4, 2020

May 4, 2020

PACER

Notice to Attorney Regarding Deficient Civil Cover Sheet

May 4, 2020

May 4, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Lieder to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)

May 4, 2020

May 4, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Lieder to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)

May 4, 2020

May 4, 2020

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Lieder. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)

May 4, 2020

May 4, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Lieder. The party information for the following party/parties has been modified: Darryl Chalmers; Darren Connors; Glenn Mendez; James Nova; Fatima Q. Rosemond; AFSCME District Council 37 Local 2507; CITY OF NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo)

May 4, 2020

May 4, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)

May 4, 2020

May 4, 2020

PACER

Case Designated ECF. (jgo)

May 4, 2020

May 4, 2020

PACER

CASE REFERRED TO Judge J. Paul Oetken as possibly related to 17-cv-9447. (jgo)

May 4, 2020

May 4, 2020

PACER
5

ELECTRONIC SUMMONS ISSUED as to City of New York..(jgo) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
6

COMPLAINT against City of New York. Document filed by AFSCME District Council 37 Local 2507, James Nova, Darryl Chalmers, Glenn Mendez, Darren Connors, Fatima Q. Rosemond..(Lieder, Michael) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
7

CIVIL COVER SHEET filed..(Lieder, Michael) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

Notice of Case Assignment/Reassignment

May 9, 2020

May 9, 2020

PACER

CASE DECLINED AS NOT RELATED. Case referred as related to 1:17-cv-9447 and declined by Judge J. Paul Oetken and returned to wheel for assignment. (ad)

May 9, 2020

May 9, 2020

PACER

Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (ad)

May 9, 2020

May 9, 2020

PACER

NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (ad)

May 9, 2020

May 9, 2020

PACER
8

NOTICE OF APPEARANCE by Amanda Christine Croushore on behalf of City of New York..(Croushore, Amanda) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
9

FIRST LETTER MOTION for Extension of Time to Answer, Move or Otherwise Respond to the Complaint addressed to Judge Analisa Torres from Amanda C. Croushore dated May 22, 2020. Document filed by City of New York..(Croushore, Amanda) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
10

ORDER granting 9 Letter Motion for Extension of Time. GRANTED. (Signed by Judge Analisa Torres on 5/22/2020) (cf) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

Set/Reset Deadlines: City of New York answer due 8/3/2020. (cf)

May 22, 2020

May 22, 2020

PACER
11

INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 11:00 a.m., on October 6, 2020, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code: 5598827. Principal trial counsel must appear at this and all subsequent conferences. And as set forth herein. SO ORDERED., ( Telephone Conference set for 10/6/2020 at 11:00 AM before Judge Analisa Torres.) Initial Conference set for 10/6/2020 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 5/22/2020) (ama) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
12

ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 5/22/2020) (cf) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

RECAP
13

ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken viatelephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 5/22/2020) (ama) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

RECAP
14

NOTICE OF APPEARANCE by Robert John Valli, Jr on behalf of AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Valli, Robert) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
15

NOTICE OF APPEARANCE by Sara Wyn Kane on behalf of AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Kane, Sara) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
16

NOTICE OF APPEARANCE by Matthew L. Berman on behalf of AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Berman, Matthew) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
17

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Aisha Lauren Rich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-20817701. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond. (Attachments: # 1 Rich Affidavit, # 2 NY Certificate of Good Standing, # 3 PA Certificate of Good Standing, # 4 Proposed Order).(Rich, Aisha) Modified on 7/23/2020 (aea). (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 17 MOTION for Aisha Lauren Rich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-20817701. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Pennsylvania; Affidavit is not notarized. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)

July 23, 2020

July 23, 2020

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

July 23, 2020

July 23, 2020

PACER
18

MOTION for Aisha Rich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20927778. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Rich, Aisha) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Aisha Rich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20927778. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)

July 30, 2020

July 30, 2020

PACER

Notice Regarding Pro Hac Vice Motion

July 30, 2020

July 30, 2020

PACER
19

FIRST LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from Amanda C. Croushore dated August 3, 2020. Document filed by City of New York..(Croushore, Amanda) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
20

LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Michael Lieder dated August 6, 2020 re: 19 FIRST LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from Amanda C. Croushore dated August 3, 2020. . Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Lieder, Michael) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
21

MOTION for Michael Lieder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21080520. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Lieder, Michael) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Michael Lieder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21080520. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)

Aug. 10, 2020

Aug. 10, 2020

PACER

Notice Regarding Pro Hac Vice Motion

Aug. 10, 2020

Aug. 10, 2020

PACER
22

ORDER granting 19 Letter Motion for Leave to File Document. It is ORDERED that: 1. By September 21, 2020, Defendant shall file their motion to dismiss; 2. By October 19, 2020, Plaintiff shall file its opposition papers; and 3. By November 2, 2020, Defendant shall reply. The Clerk of Court is directed to terminate the motion at ECF No. 19. SO ORDERED. (Signed by Judge Analisa Torres on 8/17/2020) (kv) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER

Set/Reset Deadlines: Motions due by 9/21/2020. Responses due by 10/19/2020 Replies due by 11/2/2020. (kv)

Aug. 17, 2020

Aug. 17, 2020

PACER
23

ORDER granting 18 Motion for Aisha Rich to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ca) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
24

ORDER granting 21 Motion for Michael Lieder to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ca) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 1, 2020

Sept. 1, 2020

PACER
25

FIRST MOTION to Dismiss the Complaint. Document filed by City of New York..(Croushore, Amanda) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
26

MEMORANDUM OF LAW in Support re: 25 FIRST MOTION to Dismiss the Complaint. . Document filed by City of New York..(Croushore, Amanda) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

RECAP
27

DECLARATION of Amanda C. Croushore in Support re: 25 FIRST MOTION to Dismiss the Complaint.. Document filed by City of New York. (Attachments: # 1 Exhibit A (Complaint), # 2 Exhibit B (FPI Notice of Examination), # 3 Exhibit C (BI Notice of Examination)).(Croushore, Amanda) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
28

JOINT LETTER addressed to Judge Analisa Torres from Counsel for All Parties dated September 29, 2020 re: Initial Pre-Trial Conference Submission. Document filed by City of New York. (Attachments: # 1 Exhibit A (Proposed Civil Case Management Plan and Scheduling Order), # 2 Exhibit B (Proposed Protective Order)).(Croushore, Amanda) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
29

LETTER addressed to Judge Analisa Torres from Amanda C. Croushore dated October 5, 2020 re: Proposed ESI Order. Document filed by City of New York. (Attachments: # 1 Exhibit Proposed ESI Order).(Croushore, Amanda) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
30

ORDER ON PRODUCTION OF ELECTRONICALLY STORED INFORMATION: Pursuant to Federal Rule of Civil Procedure 34(a)(1), the parties agree that Electronically Stored Information ("ESI") will be produced as follows: 1. Documents created or stored electronically will not be produced in hard copy. All ESI will be produced with the metadata requested below to the extent that it exists. 2. Documents originating in spreadsheet such as Excel or any document that cannot be converted to TIF will be produced in native form. For deliverables containing native files, a native file path/link will be included in the metadata load file. Additionally, a Bates-stamped TIF placeholder will be included in the production and reflected in the image load file. The number of native files per folder will be limited to 1,000 files. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 10/6/2020) (kv) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

RECAP
31

Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 10/6/2020. (ca) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
32

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury, except for any issues unique to any requests for equitable relief, which shall be tried to the Court. All non-expert fact discovery for this phase of the litigation shall be completed no later than 150 days from the date of this Order. Depositions to be completed by 150 days from the date of this Order. All expert discovery shall be completed no later than 75 days from the completion of non-expert fact discovery. The parties will confer about their present best estimate of the length of trial after the Court decides Plaintiffs' motion for class certification. Case Management Conference set for 3/15/2021 at 10:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 10/6/2020) (kv) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER

Pretrial Conference - Initial

Oct. 6, 2020

Oct. 6, 2020

PACER
33

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Cyrus Mehri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22104609. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Mehri, Cyrus) Modified on 10/13/2020 (bcu). (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 33 MOTION for Cyrus Mehri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22104609. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Connecticutt;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)

Oct. 13, 2020

Oct. 13, 2020

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Oct. 13, 2020

Oct. 13, 2020

PACER
34

OPPOSITION BRIEF re: 25 FIRST MOTION to Dismiss the Complaint. . Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Lieder, Michael) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
35

RESPONSE to Motion re: 25 FIRST MOTION to Dismiss the Complaint. Declaration of Michael D. Lieder. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Lieder, Michael) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
36

REPLY MEMORANDUM OF LAW in Support re: 25 FIRST MOTION to Dismiss the Complaint. . Document filed by City of New York..(Croushore, Amanda) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
37

LETTER addressed to Judge Analisa Torres from Aisha Rich dated November 6, 2020 re: Right-to-Sue Letters. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Rich, Aisha) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
38

LETTER MOTION for Extension of Time to Complete Non-Expert Fact Discovery addressed to Judge Analisa Torres from Aisha L. Rich dated February 24, 2021. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond. (Attachments: # 1 Exhibit Proposed Amended Civil Case Management Plan, # 2 Exhibit Civil Case Management Plan (Redline)).(Rich, Aisha) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
39

ORDER granting in part and denying in part 38 Letter Motion for Extension of Time. GRANTED in part, DENIED in part. By April 30, 2021, the parties shall complete fact discovery. By June 14, 2021, the parties shall complete expert discovery. Any interim deadlines shall be adjusted in accordance with this schedule. (Signed by Judge Analisa Torres on 3/1/2021) (cf) Modified on 3/1/2021 (cf). (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER

Set/Reset Deadlines: Expert Discovery due by 6/14/2021. Fact Discovery due by 4/30/2021. (cf)

March 1, 2021

March 1, 2021

PACER
40

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ellen Eardley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24199575. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond. (Attachments: # 1 Exhibit DC Certificate of Good Standing, # 2 Exhibit Illinois Certificate of Good Standing).(Eardley, Ellen) Modified on 3/4/2021 (aea). (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 40 MOTION for Ellen Eardley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24199575. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Illinois. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)

March 4, 2021

March 4, 2021

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

March 4, 2021

March 4, 2021

PACER
41

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #42) - STATUS REPORT. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond. (Attachments: # 1 Redline of Case Management Plan).(Eardley, Ellen) Modified on 3/9/2021 (ldi). (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
42

STATUS REPORT. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond. (Attachments: # 1 Redline of Case Management Plan).(Rich, Aisha) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
43

MOTION for Ellen Eardley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond. (Attachments: # 1 DC Certificate of Good Standing, # 2 Illinois Certificate of Good Standing).(Eardley, Ellen) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 43 MOTION for Ellen Eardley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

March 10, 2021

March 10, 2021

PACER

Notice Regarding Pro Hac Vice Motion

March 10, 2021

March 10, 2021

PACER
44

ORDER: The case management conference scheduled for March 15, 2021, is ADJOURNED to May 17, 2021, at 10:20 a.m. By May 10, 2021, the parties shall file their joint status letter. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827, at the time of the conference. SO ORDERED. Telephone Conference set for 5/17/2021 at 10:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 3/12/2021) (kv) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
45

LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Michael D. Lieder dated April 15, 2021. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Lieder, Michael) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
46

ORDER granting 43 Motion for Ellen Eardley to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ca) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER

Order on Motion to Appear Pro Hac Vice

April 16, 2021

April 16, 2021

PACER
47

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Desiree Langley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24425145. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond. (Attachments: # 1 DC Certificate of Good Standing, # 2 VA Certificate of Good Standing).(Langley (Sholes), Desiree) Modified on 4/20/2021 (wb). (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 47 MOTION for Desiree Langley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24425145. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia; Affidavit is not Notarized.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

April 20, 2021

April 20, 2021

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

April 20, 2021

April 20, 2021

PACER
48

ORDER granting 45 Letter Motion for Extension of Time to Complete Discovery. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 4/21/2021) (kv) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER

Set/Reset Deadlines: Expert Discovery due by 7/16/2021. Fact Discovery due by 5/14/2021. (kv)

April 21, 2021

April 21, 2021

PACER
49

MOTION for Desiree Langley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond. (Attachments: # 1 Virginia Supreme Court Certificate of Good Standing, # 2 Washington DC Certificate of Good Standing).(Langley (Sholes), Desiree) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 49 MOTION for Desiree Langley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

April 26, 2021

April 26, 2021

PACER

Notice Regarding Pro Hac Vice Motion

April 26, 2021

April 26, 2021

PACER
50

STATUS REPORT. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond. (Attachments: # 1 Exhibit A: Redlined Second Proposed Amended CCMP, # 2 Exhibit B: The Non-Redlined Proposed Amended CCMP).(Rich, Aisha) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
51

ORDER: The case management conference scheduled for May 17, 2021, is ADJOURNED sine die, pending the Court's resolution of any motion for class certification. SO ORDERED. (Signed by Judge Analisa Torres on 5/14/2021) (kv) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

RECAP
52

FIRST LETTER MOTION for Extension of Time to File Pre-Motion Letter addressed to Judge Analisa Torres. Document filed by City of New York..(Croushore, Amanda) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
53

PROPOSED STIPULATION AND ORDER. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Lieder, Michael) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
54

ORDER granting 52 Letter Motion for Extension of Time to File. GRANTED. Defendant shall file any pre-motion letter seeking leave to file a motion for summaiy judgment within 30 days of the Court's order deciding the pending motion to dismiss. SO ORDERED. (Signed by Judge Analisa Torres on 5/26/2021) (kv) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

RECAP
55

LETTER addressed to Judge Analisa Torres from Aisha Rich dated August 12, 2021 re: Pre-Motion Letter Regarding Motion to Exclude Expert Testimony. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Rich, Aisha) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
56

MEMO ENDORSEMENT on re: 55 Letter, filed by Glenn Mendez, Darren Connors, Fatima Q. Rosemond, AFSCME District Council 37 Local 2507, James Nova, Darryl Chalmers. ENDORSEMENT: DENIED. Plaintiffs may brief this issue in their pending class certification motion, if desired. SO ORDERED. (Signed by Judge Analisa Torres on 8/16/2021) (jca) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
57

LETTER MOTION for Leave to File Arguments in Support of Motion to Exclude Expert Testimony, to be Included in Opposition to Class Certification Briefing addressed to Judge Analisa Torres. Document filed by City of New York..(Croushore, Amanda) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
58

LETTER MOTION for Leave to File Excess Pages addressed to Judge Analisa Torres from Aisha Rich dated August 17, 2021. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Rich, Aisha) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
59

ORDER granting 57 LETTER MOTION for Leave to File Arguments in Support of Motion to Exclude Expert Testimony, to be Included in Opposition to Class Certification Briefing. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 8/19/2021) (jca) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
60

ORDER granting 58 Letter Motion for Leave to File Excess Pages. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 8/19/2021) (jca) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
61

MOTION to Certify Class and Subclass, Appoint Class Counsel, and Exclude the Report and Testimony of Dr. Christopher Erath. Document filed by AFSCME District Council 37 Local 2507, Darryl Chalmers, Darren Connors, Glenn Mendez, James Nova, Fatima Q. Rosemond..(Lieder, Michael) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who have been employed by the City of New York as fire protection inspectors or associate fire protection inspectors in the Fire Department of New York at any time between May 1, 2017 and September 19, 2022.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York, City

Defendant Type(s):

Fire

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

State law

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

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: $29,200,000.00

Issues

Discrimination Area:

Disparate Impact

Disparate Treatment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination Basis:

Race discrimination

Affected Race(s):

Black