Case: Richardson v. New York

1:17-cv-09447 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 1, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 1, 2017, seven Black employees of the Fire Department of New York (FDNY) filed this class-action lawsuit against the City of New York in the U.S. District Court for the Southern District of New York. Plaintiffs alleged racial discrimination in FDNY’s hiring, promotion, and compensation practices and sought compensatory damages, in the form of back and front pay as well as lost benefits. Additionally, the employees sought attorney’s fees and costs and injunctive relief in the form of…

On December 1, 2017, seven Black employees of the Fire Department of New York (FDNY) filed this class-action lawsuit against the City of New York in the U.S. District Court for the Southern District of New York. Plaintiffs alleged racial discrimination in FDNY’s hiring, promotion, and compensation practices and sought compensatory damages, in the form of back and front pay as well as lost benefits. Additionally, the employees sought attorney’s fees and costs and injunctive relief in the form of internal agency policy changes. Represented by Valli Kane & Vagnini based in New York and Mehri & Skalet based in Washington, D.C., the employees sued under 42 U.S. § 1981 and § 1983, alleging that FDNY disproportionately hires few Black people relative to other City agencies and fosters a culture of managerial discretion that leads to favoritism and harms Black candidates seeking promotions or pay raises. Additionally, the employees sued under New York City Human Rights Law (NYCHRL) for the same alleged racial discrimination. Judge James Paul Oetken was assigned to the case. On October 29, 2018, the case was automatically referred to mediation. Only once – on May 23, 2019 – has a mediation session actually been held.

Plaintiffs sought class certification with respect to three groups: (1) Black FDNY workers who have been employed in a civilian position at any level below Department Leader and Black applicants who met the requirements listed in FDNY’s job postings yet; (2) Black FDNY workers who have been employed in a civilian position at any level below Department Leader; and (3) Black FDNY workers employed as EMS lieutenants.

On January 9, 2018, one plaintiff withdrew their claims against the defendant. This individual was the only named plaintiff representing the EMS class.

On February 11, 2018, the City moved to dismiss the FDNY employees’ complaint for failure to state a claim for which relief may be granted. On September 28, 2018, the City’s motion to dismiss was granted in part and denied in part. Judge Oetken dismissed the employees’ claims related to the EMS employees. Judge Oetken additionally dismissed the employees’ claims under § 1981 and NYCHRL related to compensation and for occurrences prior to December 1, 2014 because the three-year statute of limitations on these claims had passed. However, the City’s motion to dismiss was denied with respect to the claims relating to hiring and promotion practices within the FDNY. While the motion was considered, the Court stayed discovery, but fact discovery began shortly after, with the parties agreeing to a case management plan on November 27, 2018. Discovery ended on December 20, 2019.

Plaintiffs filed a motion in response to amend their complaint on November 13, 2018, in order to address the deficiencies in the complaint, as the Court found it. This motion was granted on April 8, 2019. The employees filed their amended complaint on April 25, 2019. The amended complaint listed eight plaintiffs – five from the original filing and three new parties. In the amended complaint, the FDNY employees supplemented their pleading with additional information regarding pay disparities that analyzed a broader range of positions with FDNY. The employees also modified the sought classes to be (a) Black employees of FDNY that made below $150,000 and were not in administrator or manager positions and (b) Black applicants who possessed the requirements for non-administrator, non-manager positions within FDNY and were rejected. Within the former class, the employees listed a further subclass of employees who worked in Professional or Management Specialist positions to whom claims of pay raise or compensation disparities applied.

The City moved for partial summary judgment on May 26, 2020, arguing that some of the class representatives had retired and thus could not seek injunctive or declaratory relief and that other plaintiffs could represent specific classes. The City additionally sought to strike claims relating to disparate impact class allegations pertaining to any policies that afforded employees within the FDNY to have discretion over hiring, promotion, or compensation decisions. On the same day, the FDNY employees moved to certify the class. As of February 11, 2021, the motions for partial summary judgment and class certification remained pending. This case is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6491449/parties/richardson-v-city-of-new-york/


Judge(s)

Oetken, James Paul (New York)

Attorneys(s) for Plaintiff

Berman, Matthew (New York)

Bronstein, Ezra (District of Columbia)

Clemon, U. W. (Alabama)

Kane, Sara W. (New York)

Lieder, Michael D. (District of Columbia)

Mehri, Cyrus (District of Columbia)

Nussbaum, Lauren (District of Columbia)

Rich, Aisha (District of Columbia)

Valli, Robert J (New York)

Judge(s)

Oetken, James Paul (New York)

Attorneys(s) for Plaintiff

Berman, Matthew (New York)

Bronstein, Ezra (District of Columbia)

Clemon, U. W. (Alabama)

Kane, Sara W. (New York)

Lieder, Michael D. (District of Columbia)

Mehri, Cyrus (District of Columbia)

Nussbaum, Lauren (District of Columbia)

Rich, Aisha (District of Columbia)

Valli, Robert J (New York)

Attorneys(s) for Defendant

Rubinstein, Yuval (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Richardson v. City of New York

Sept. 10, 2020 Docket
4

Class Action

Richardson v. City of New York

Dec. 4, 2017 Pleading / Motion / Brief
26

Opinion and Order

Richardson v. City of New York

2018 WL 4682224

Sept. 28, 2018 Order/Opinion
49

Opinion and Order

Richardson v. City of New York

April 8, 2019 Order/Opinion
55

Amended Complaint

Richardson v. City of New York

April 25, 2019 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6491449/richardson-v-city-of-new-york/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against City of New York. (Filing Fee $ 400.00, Receipt Number 0208-14426682)Document filed by Arlene Simmons, Annette Richardson, Debra Poe, Liza Horsley, Stephanie Thomas, Deborah Bowman, Dino Riojas.(Kane, Sara) Modified on 12/4/2017 (sj). (Entered: 12/01/2017)

Dec. 1, 2017 PACER
2

CIVIL COVER SHEET filed. (Kane, Sara) (Entered: 12/01/2017)

Dec. 1, 2017 PACER
3

NOTICE OF APPEARANCE by Robert John Valli, Jr on behalf of Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas. (Valli, Robert) (Entered: 12/01/2017)

Dec. 1, 2017 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sara Wyn Kane to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed. 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. (sj)

Dec. 1, 2017 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (sj)

Dec. 1, 2017 PACER

Magistrate Judge Barbara C. Moses 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: http://nysd.uscourts.gov/forms.php. (sj)

Dec. 1, 2017 PACER

Case Designated ECF. (sj)

Dec. 1, 2017 PACER
4

COMPLAINT against City of New York. Document filed by Arlene Simmons, Annette Richardson, Debra Poe, Liza Horsley, Stephanie Thomas, Deborah Bowman, Dino Riojas.(Kane, Sara) (Entered: 12/04/2017)

Dec. 4, 2017 RECAP
5

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) City of New York. Document filed by Arlene Simmons. (Kane, Sara) Modified on 12/26/2017 (dt). (Entered: 12/22/2017)

Dec. 22, 2017 PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Sara Kane to E-MAIL Document No. 5 Notice of Voluntary Dismissal to judgments@nysd.uscourts.gov This document is not filed via ECF. (dt)

Dec. 26, 2017 PACER
6

MOTION for Michael Lieder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14522565. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas. (Attachments: # 1 Affidavit Affidavit for Application, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Lieder, Michael) (Entered: 12/28/2017)

Dec. 28, 2017 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Michael Lieder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14522565. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Dec. 29, 2017 PACER
7

NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i), Plaintiff ARLENE SIMMONS hereby voluntarily dismisses all claims in this action without prejudice as to Defendant City of New York. Arlene Simmons (on behalf of themselves and all others similarly situated) terminated. (Signed by Judge J. Paul Oetken on 1/9/2018) (ap) (Entered: 01/09/2018)

Jan. 9, 2018 PACER
8

WAIVER OF SERVICE RETURNED EXECUTED. City of New York waiver sent on 12/7/2017, answer due 2/5/2018. Document filed by Annette Richardson; Debra Poe; Liza Horsley; Stephanie Thomas; Deborah Bowman; Dino Riojas. (Kane, Sara) (Entered: 01/09/2018)

Jan. 9, 2018 PACER
9

ORDER granting 6 Motion to Appear Pro Hac Vice. GRANTED (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 01/12/2018)

Jan. 12, 2018 PACER
10

NOTICE OF APPEARANCE by Yuval Rubinstein on behalf of City of New York. (Rubinstein, Yuval) (Entered: 02/05/2018)

Feb. 5, 2018 PACER
11

MOTION to Dismiss the Complaint., MOTION to Stay re: 4 Complaint Stay Discovery. Document filed by City of New York.(Rubinstein, Yuval) (Entered: 02/05/2018)

Feb. 5, 2018 PACER
12

MEMORANDUM OF LAW in Support re: 11 MOTION to Dismiss the Complaint. MOTION to Stay re: 4 Complaint Stay Discovery. . Document filed by City of New York. (Rubinstein, Yuval) (Entered: 02/05/2018)

Feb. 5, 2018 PACER
13

DECLARATION of Yuval Rubinstein in Support re: 11 MOTION to Dismiss the Complaint. MOTION to Stay re: 4 Complaint Stay Discovery.. Document filed by City of New York. (Rubinstein, Yuval) (Entered: 02/05/2018)

Feb. 5, 2018 PACER
14

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 13 Declaration in Support of Motion, 11 MOTION to Dismiss the Complaint. MOTION to Stay re: 4 Complaint Stay Discovery., 12 Memorandum of Law in Support of Motion addressed to Judge J. Paul Oetken from Robert J. Valli, Jr. and Yuval Rubinstein dated 2/16/2018. Document filed by Annette Richardson. Return Date set for 3/5/2018 at 11:59 PM.(Valli, Robert) Modified on 4/17/2018 (db). (Entered: 02/19/2018)

Feb. 19, 2018 PACER
15

ORDER granting 14 Letter Motion for Extension of Time to File Response/Reply. GRANTED. PLAINTIFFS SHALL FILE THEIR OPPOSITION OR OTHERWISE RESPOND TO DEFENDANTS' MOTION TO DISMISS ON OR BEFORE MARCH 5, 2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 02/20/2018)

Feb. 20, 2018 PACER
16

MOTION for Cyrus Mehri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14725276. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas. (Attachments: # 1 Affidavit of Cyrus Mehri in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Connecticut Certificate of Good Standing, # 3 District of Columbia Certificate of Good Standing, # 4 Text of Proposed Order for Admission Pro Hac Vice)(Lieder, Michael) (Entered: 02/21/2018)

Feb. 21, 2018 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Cyrus Mehri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14725276. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Feb. 21, 2018 PACER
17

MEMORANDUM OF LAW in Opposition re: 11 MOTION to Dismiss the Complaint. MOTION to Stay re: 4 Complaint Stay Discovery. . Document filed by Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas. (Attachments: # 1 Exhibit Exhibit A)(Lieder, Michael) (Entered: 03/05/2018)

1 Exhibit Exhibit A

View on PACER

March 5, 2018 PACER
18

CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss the Complaint. MOTION to Stay re: 4 Complaint Stay Discovery. addressed to Judge J. Paul Oetken from Yuval Rubinstein dated March 7, 2018. Document filed by City of New York.(Rubinstein, Yuval) (Entered: 03/07/2018)

March 7, 2018 PACER
19

ORDER granting 18 Letter Motion for Extension of Time to File Response/Reply. GRANTED. DEFENDANT SHALL FILE ITS REPLY MEMORANDUM IN SUPPORT OF ITS MOTION TO DISMISS ON OR BEFORE MARCH 20,2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 03/08/2018)

March 8, 2018 PACER
20

ORDER granting 16 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 03/12/2018)

March 12, 2018 PACER
21

REPLY MEMORANDUM OF LAW in Support re: 11 MOTION to Dismiss the Complaint. MOTION to Stay re: 4 Complaint Stay Discovery. . Document filed by City of New York. (Rubinstein, Yuval) (Entered: 03/20/2018)

March 20, 2018 PACER
22

LETTER MOTION to Stay Rule 26(f) Conference and Civil Case Management Plan and Scheduling Order addressed to Judge J. Paul Oetken from Yuval Rubinstein dated April 16, 2018. Document filed by City of New York.(Rubinstein, Yuval) (Entered: 04/16/2018)

April 16, 2018 PACER
23

LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Michael D. Lieder dated April 17, 2018 re: 22 LETTER MOTION to Stay Rule 26(f) Conference and Civil Case Management Plan and Scheduling Order addressed to Judge J. Paul Oetken from Yuval Rubinstein dated April 16, 2018. . Document filed by Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas. (Lieder, Michael) (Entered: 04/17/2018)

April 17, 2018 PACER
24

ORDER granting 22 Letter Motion to Stay. GRANTED. DISCOVERY IS STAYED PENDING RESOLUTION OF DEFENDANT'S MOTION TO DISMISS. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 04/17/2018)

April 17, 2018 PACER
25

NOTICE of Recent Authority re: 11 MOTION to Dismiss the Complaint. MOTION to Stay re: 4 Complaint Stay Discovery.. Document filed by City of New York. (Rubinstein, Yuval) (Entered: 05/08/2018)

May 8, 2018 PACER
26

OPINION AND ORDER re: 11 MOTION to Dismiss the Complaint MOTION to Stay re: 4 Complaint Stay Discovery filed by City of New York. For the foregoing reasons, the City's motion to stay discovery is DENIED as moot, Plaintiffs' claims are DISMISSED as moot to the extent they allege discrimination against EMS employees, and the City's motion to dismiss is GRANTED as to Plaintiffs' Section 1981 and NYCHRL claims insofar as they allege pay discrimination and as to all federal claims accruing prior to December 1, 2014. The City's motion to dismiss, however, is DENIED as to (1) Plaintiffs' Section 1981 claims accruing after December 1, 2014, insofar as they allege a pattern or practice of intentional discrimination in hiring and job placement; (2) Plaintiffs' NYCHRL claims insofar as they allege a pattern or practice of intentional discrimination in hiring and job placement; (3) and Plaintiffs' NYCHRL claims insofar as they allege that the City's hiring and job-placement practices have a disparate impact on African Americans. The Clerk of Court is directed to close the motion at Docket Number 11. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/28/2018) (anc) Modified on 10/1/2018 (anc). (Entered: 09/28/2018)

Sept. 28, 2018 RECAP
27

CONSENT LETTER MOTION for Extension of Time to File Answer re: 4 Complaint addressed to Judge J. Paul Oetken from Yuval Rubinstein dated October 9, 2018. Document filed by City of New York.(Rubinstein, Yuval) (Entered: 10/09/2018)

Oct. 9, 2018 PACER
28

ORDER granting 27 Letter Motion for Extension of Time to Answer. GRANTED. DEFENDANT SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE OCTOBER 26, 2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) (Entered: 10/09/2018)

Oct. 9, 2018 PACER
29

ANSWER to 4 Complaint with JURY DEMAND. Document filed by City of New York.(Rubinstein, Yuval) (Entered: 10/26/2018)

Oct. 26, 2018 PACER
30

ORDER: Counsel for all parties are directed to appear for an initial pretrial conference with the Court on November 15, 2018, at 12:00 p.m. The conference will be held in Courtroom 706 of the Thurgood Marshall United States Court House, 40 Foley Square, New York, New York. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. And as set forth herein. SO ORDERED. Initial Conference set for 11/15/2018 at 12:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 10/29/2018) (ama) (Entered: 10/29/2018)

Oct. 29, 2018 PACER
31

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 11/8/2018. (Signed by Judge Loretta A. Preska on 10/1/2015) (mf) (Entered: 10/29/2018)

Oct. 29, 2018 PACER
32

PROPOSED CASE MANAGEMENT PLAN. Document filed by Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas. (Attachments: # 1 Exhibit Protective Order) (Lieder, Michael) (Entered: 11/12/2018)

Nov. 12, 2018 PACER
33

LETTER MOTION for Leave to File Amended Complaint addressed to Judge J. Paul Oetken from Michael Lieder dated November 13, 2018. Document filed by Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas. (Attachments: # 1 Exhibit Exhibit A)(Lieder, Michael) (Entered: 11/13/2018)

Nov. 13, 2018 PACER
34

NOTICE OF APPEARANCE by Matthew L. Berman on behalf of Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas. (Berman, Matthew) (Entered: 11/15/2018)

Nov. 15, 2018 PACER

Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 11/15/2018. Next conference scheduled for 1/10/2019 at 3:00 pm. (bh)

Nov. 15, 2018 PACER
35

PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/15/2018) (ama) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
36

LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Yuval Rubinstein dated November 21, 2018 re: 33 LETTER MOTION for Leave to File Amended Complaint addressed to Judge J. Paul Oetken from Michael Lieder dated November 13, 2018. . Document filed by City of New York. (Rubinstein, Yuval) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
37

CIVIL CASE MANAGEMENT PLAN: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. ยง 636(c). Fact Discovery due by 7/15/2019. Plaintiffs' reply will be filed no later than 15 days after the filing of defendant's opposition. Case Management Conference set for 1/10/2019 at 03:00 PM before Judge J. Paul Oetken, and as further set forth in this Civil Case Management Plan. So ordered. (Signed by Judge J. Paul Oetken on 11/15/2018) (rjm) (Entered: 11/27/2018)

Nov. 27, 2018 PACER
38

LETTER REPLY to Response to Motion addressed to Judge J. Paul Oetken from Michael Lieder dated November 27, 2018 re: 33 LETTER MOTION for Leave to File Amended Complaint addressed to Judge J. Paul Oetken from Michael Lieder dated November 13, 2018. . Document filed by Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas. (Lieder, Michael) (Entered: 11/28/2018)

Nov. 28, 2018 PACER

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/2/2019.(mf)

Dec. 3, 2018 PACER
39

JOINT LETTER MOTION to Adjourn Conference Scheduled For January 10, 2019 addressed to Judge J. Paul Oetken from Yuval Rubinstein dated January 2, 2019. Document filed by City of New York.(Rubinstein, Yuval) (Entered: 01/02/2019)

Jan. 2, 2019 PACER
40

ORDER granting 39 Letter Motion to Adjourn Conference. GRANTED. THE CONFERENCE CURRENTLY SCHEDULED FOR JANUARY 10, 2019, IS ADJOURNED TO MARCH 11, 2019, AT 3:00 PM. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) (Entered: 01/02/2019)

Jan. 2, 2019 PACER
41

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference addressed to Judge J. Paul Oetken from Michael Lieder dated January 23, 2019. Document filed by Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas.(Lieder, Michael) Modified on 2/7/2019 (db). (Entered: 01/23/2019)

Jan. 23, 2019 PACER
42

ORDER granting 41 Letter Motion for Conference. GRANTED. THE DOCKET SHALL REFLECT THE PARTIES' AGREEMENT TO MAKE USE OF THIS COURT'S MEDIATION PROGRAM. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
43

PROPOSED CASE MANAGEMENT PLAN. Document filed by City of New York. (Rubinstein, Yuval) (Entered: 01/24/2019)

Jan. 24, 2019 PACER

MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 4/16/19, 9:30 A.M. at 40 Foley Square.(ah)

Feb. 14, 2019 PACER
44

LETTER MOTION for Discovery Disputes addressed to Judge J. Paul Oetken from Michael D. Lieder dated March 1, 2019. Document filed by Deborah Bowman, Liza Horsley, Debra Poe, Annette Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lieder, Michael) (Entered: 03/01/2019)

March 1, 2019 PACER
45

CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 44 LETTER MOTION for Discovery Disputes addressed to Judge J. Paul Oetken from Michael D. Lieder dated March 1, 2019. From March 5, 2019 to March 7, 2019 addressed to Judge J. Paul Oetken from Yuval Rubinstein dated March 4, 2019. Document filed by City of New York.(Rubinstein, Yuval) (Entered: 03/04/2019)

March 4, 2019 PACER
46

ORDER granting 45 Letter Motion for Extension of Time to File Response/Reply. GRANTED. DEFENDANT'S RESPONSE TO PLAINTIFFS' LETTER OF MARCH 1, 2019, SHALL BE DUE ON OR BEFORE MARCH 7, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) (Entered: 03/05/2019)

March 5, 2019 PACER

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

March 5, 2019 PACER
47

LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Yuval Rubinstein dated March 6, 2019 re: 44 LETTER MOTION for Discovery Disputes addressed to Judge J. Paul Oetken from Michael D. Lieder dated March 1, 2019. . Document filed by City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rubinstein, Yuval) (Entered: 03/06/2019)

March 6, 2019 PACER

Minute Entry for proceedings held before Judge J. Paul Oetken: Pretrial Conference held on 3/11/2019. (bh)

March 11, 2019 PACER
48

ORDER granting in part and denying in part 44 Letter Motion for Discovery. As stated on the record during the March 11, 2019 status conference, Plaintiffs' request that the Court order Defendant to produce certain demographic information in connection with Plaintiffs' Document Production Request No. 3 is GRANTED IN PART and DENIED IN PART and Plaintiffs' request that the Court order Defendant to respond to specified Requests for Admission is DENIED. The Clerk is directed to close the motion at Docket Number 44. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/11/2019) (ne) (Entered: 03/12/2019)

March 12, 2019 PACER
49

OPINION AND ORDER: re: 33 LETTER MOTION for Leave to File Amended Complaint addressed to Judge J. Paul Oetken from Michael Lieder dated November 13, 2018. filed by Debra Poe, Arlene Simmons, Dino Riojas, Deborah Bowman, Liza Horsley, Stephanie Thomas, Annette Richardson. For the foregoing reasons, Plaintiffs' motion for leave to amend is GRANTED. Plaintiffs shall file their amended complaint on or before April 22, 2019. The City is directed to answer or otherwise respond to the amended complaint within three weeks after it is filed. The Clerk of Court is directed to close the motion at Docket Number 33. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/8/2019) (js) (Entered: 04/08/2019)

April 8, 2019 RECAP

Set/Reset Deadlines: Amended Pleadings due by 4/22/2019. (js)

April 8, 2019 PACER
50

TRANSCRIPT of Proceedings re: conference held on 3/11/2019 before Judge J. Paul Oetken. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/30/2019. Redacted Transcript Deadline set for 5/10/2019. Release of Transcript Restriction set for 7/8/2019.(McGuirk, Kelly) (Entered: 04/09/2019)

April 9, 2019 PACER
51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/11/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/09/2019)

April 9, 2019 PACER

MEDIATOR SESSION NOT HELD Mediator Session scheduled for 4/16/2019 at 40 Foley Square was NOT held.(mf)

April 17, 2019 PACER

Mediator Session Not Held

April 18, 2019 PACER

Mediator Session Scheduled

April 18, 2019 PACER

MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 5/21/2019 at 10:00AM at the 40 Foley Square Courthouse (40 Centre Street).(mf)

April 18, 2019 PACER

MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 5/22/2019 at 10:00AM at the 40 Foley Square Courthouse (40 Centre Street).(mf) Modified on 4/24/2019 (mf).

April 18, 2019 PACER
52

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending 4 Complaint against City of New York.Document filed by Arlene Simmons, Annette Richardson, Debra Poe, Liza Horsley, Stephanie Thomas, Deborah Bowman, Dino Riojas. Related document: 4 Complaint.(Lieder, Michael) Modified on 4/23/2019 (pne). (Entered: 04/22/2019)

April 22, 2019 PACER

Notice to Attorney Regarding Deficient Pleading

April 23, 2019 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Lieder to RE-FILE re: Document No. 52 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Jon Watson, Brenda McKiver, and Erica Richardson must be added to the case; the Amended Complaint was filed incorrectly on the due date, therefore Court's leave will be required to re-file the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne)

April 23, 2019 PACER

Mediator Session Not Held

April 24, 2019 PACER

Order on Motion for Leave to File Document

April 24, 2019 PACER

MEDIATOR SESSION NOT HELD Mediator Session scheduled for 5/21/2019 at 40 Foley Square will NOT be held.(mf)

April 24, 2019 PACER
53

LETTER MOTION for Leave to File Amended Complaint addressed to Judge J. Paul Oetken from Michael Lieder dated 04-24-2019. Document filed by Deborah Bowman, Debra Poe, Annette Richardson, Dino Riojas, Stephanie Thomas.(Lieder, Michael) (Entered: 04/24/2019)

April 24, 2019 PACER
54

ORDER granting 53 Letter Motion for Leave to File DocumentGRANTED. PLAINTIFFS HAVE THE COURT'S LEAVE TO RE-FILE THEIR AMENDED COMPLAINT ON OR BEFORE MAY 1, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Sansone, Nicolas) (Entered: 04/24/2019)

April 24, 2019 PACER
55

FIRST AMENDED COMPLAINT amending 52 Amended Complaint, 4 Complaint against City of New York.Document filed by Stephanie Thomas, Deborah Bowman, Debra Poe, Annette Richardson, Dino Riojas, Jon Watson, Brenda McKiver, Erica Richardson. Related document: 52 Amended Complaint, 4 Complaint. (Attachments: # 1 Supplement Order Granting Leave)(Lieder, Michael) (Entered: 04/25/2019)

1 Supplement Order Granting Leave

View on PACER

April 25, 2019 RECAP
56

CONSENT LETTER MOTION for Extension of Time to File Answer re: 55 Amended Complaint, addressed to Judge J. Paul Oetken from Yuval Rubinstein dated May 13, 2019. Document filed by City of New York.(Rubinstein, Yuval) (Entered: 05/13/2019)

May 13, 2019 PACER

Order on Motion for Extension of Time to Answer

May 13, 2019 PACER
57

ORDER granting 56 Letter Motion for Extension of Time to Answer City of New York answer due 5/24/2019. GRANTED. DEFENDANT SHALL FILE ITS AMENDED ANSWER ON OR BEFORE MAY 24, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) (Entered: 05/13/2019)

May 13, 2019 PACER

Mediator Session Scheduled

May 23, 2019 PACER

Mediator Session Held

May 23, 2019 PACER

Mediator Session Held on 5/22/19 at 40 Foley Square.(ah)

May 23, 2019 PACER

MEDIATOR SESSION SCHEDULED Mediation Session scheduled for 6/17/19, 9:30 AM at 40 Foley Square.(ah)

May 23, 2019 PACER
58

ANSWER to 55 Amended Complaint, with JURY DEMAND. Document filed by City of New York.(Rubinstein, Yuval) (Entered: 05/24/2019)

May 24, 2019 PACER

Mediator Session Scheduled

June 13, 2019 PACER

Mediator Session Not Held

June 13, 2019 PACER

MEDIATOR SESSION NOT HELD Mediator Session scheduled for 6/17/19 at 40 Foley Square will NOT be held.(ah)

June 13, 2019 PACER

MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 10/28/19, 10 AM at 40 Foley Square.(ah)

June 13, 2019 PACER
59

LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Michael D. Lieder dated June 25, 2019. Document filed by Deborah Bowman, Liza Horsley, Brenda McKiver, Debra Poe, Annette Richardson, Erica Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas, Jon Watson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lieder, Michael) (Entered: 06/25/2019)

June 25, 2019 PACER
60

AMENDED CASE MANAGEMENT PLAN; granting 59 Letter Motion for Extension of Time. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. ยง 636(c). The parties are free to withhold consent without adverse substantive consequences.The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 60 days from the date of this Order. Depositions shall be completed by November 15, 2019. All counsel must meet in person to resume their settlement discussions no later than November 27, 2019. The proposed amended case management plan is approved. Counsel for the parties shall appear for a pretrial conference in Courtroom 706 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007, on November 25, 2019, at 11:00 AM. So Ordered. (Signed by Judge J. Paul Oetken on 6/26/2019) (js) Modified on 6/26/2019 (js). (Entered: 06/26/2019)

June 26, 2019 PACER

Set/Reset Deadlines: (Deposition due by 3/13/2020. Fact Discovery due by 11/15/2019. Motions due by 4/13/2020.), Set/Reset Hearings:(Pretrial Conference set for 11/25/2019 at 11:00 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (js)

June 26, 2019 PACER
61

MOTION for Lauren Michelle Nussbaum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17261426. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Deborah Bowman, Brenda McKiver, Debra Poe, Annette Richardson, Erica Richardson, Dino Riojas, Stephanie Thomas, Jon Watson. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing DC, # 3 Exhibit Certificate of Good Standing MD, # 4 Exhibit Proposed Order)(Nussbaum, Lauren) (Entered: 07/17/2019)

July 17, 2019 PACER

Notice Regarding Pro Hac Vice Motion

July 17, 2019 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 61 MOTION for Lauren Michelle Nussbaum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17261426. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

July 17, 2019 PACER
62

ORDER granting 61 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) (Entered: 07/23/2019)

July 23, 2019 PACER

Order on Motion to Appear Pro Hac Vice

July 23, 2019 PACER
63

FIRST MOTION for Chaim Ezra Bronstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17620749. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Deborah Bowman, Liza Horsley, Brenda McKiver, Debra Poe, Annette Richardson, Erica Richardson, Dino Riojas, Arlene Simmons, Stephanie Thomas, Jon Watson. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit)(Bronstein, Ezra) (Entered: 09/18/2019)

Sept. 18, 2019 PACER

Notice Regarding Pro Hac Vice Motion

Sept. 18, 2019 PACER

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 1, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Eight current and former Black FDNY employees on behalf of a class of similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of New York (New York City), City

Defendant Type(s):

Fire

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

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

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Hiring

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black