Case: Jane Doe v. District of Columbia

1:02-cv-02338 | U.S. District Court for the District of Columbia

Filed Date: Nov. 25, 2002

Closed Date: Sept. 6, 2005

Clearinghouse coding complete

Case Summary

On November 25, 2002, Jane Does I, II, and III filed lawsuits against the District of Columbia under Title VII, 42 U.S.C. § 2000e, et seq. and 42 U.S.C. § 1983e in the Superior Court of the District of Columbia. On the same day, the cases were removed to the U.S. District Court for the District of Columbia. On August 5, 2004, the United States filed an Intervenor Complaint in all three cases. The plaintiffs allege that the District of Columbia discriminated against the plaintiff and other femal…

On November 25, 2002, Jane Does I, II, and III filed lawsuits against the District of Columbia under Title VII, 42 U.S.C. § 2000e, et seq. and 42 U.S.C. § 1983e in the Superior Court of the District of Columbia. On the same day, the cases were removed to the U.S. District Court for the District of Columbia. On August 5, 2004, the United States filed an Intervenor Complaint in all three cases. The plaintiffs allege that the District of Columbia discriminated against the plaintiff and other females with respect to hiring into and employment in emergency medical response technician ("EMT") positions with the District of Columbia Fire and Emergency Medical Services Department ("FEMSD") because of their sex and deprived them of their constitutional right. The plaintiffs asked for injunctive, remedial and compensatory relief for the plaintiffs and other females similarly situated.

The complaint alleges that the District of Columbia discriminated on the basis of sex by: (1) subjecting the plaintiffs and other female applicants for EMT positions in the District of Columbia's FEMSD to a pre-hiring pregnancy test; (2) conditioning an offer of employment to plaintiffs and other female applicants upon a negative result of the test; (3) advising plaintiffs and other female EMT's that if during their probationary periods they were or became pregnant, they were at risk of losing their jobs; and (4) failing or refusing to take appropriate action to remedy the effects of the discrimination.

One of the individually named defendants filed a counterclaim for slander stating: (1) the court lacks personal jurisdiction over the defendant as a result of the plaintiffs' failure to properly serve the defendant; (2) none of the said injuries were caused be or contributed to by the defendant's conduct; (3) each plaintiff gave informed consent to and assumed risk of having an abortion; (4) each plaintiff failed to exhaust her administrative remedies; and (5) the plaintiffs' legal representatives are the proximate cause of any alleged emotional distress, physical harm and pain arising in connection with each plaintiff's abortion.

As a result of the above discrimination, women who became pregnant during their probationary periods felt compelled to, and did, terminate their pregnancies by abortions. They did this so as not to risk losing their jobs. The plaintiffs filed a timely charge with the Equal Employment Opportunity Commission ("EEOC") in which she alleged the District of Columbia discriminated against her on the basis of sex. On August 31, 2005, a settlement agreement was reached that set the following provisions: (1) any and all claims or counter-claims the District of Columbia or its current or former employees have against the plaintiffs shall be released; (2) the District of Columbia's implementation and adoption of nondiscriminatory policies; (3) and the District of Columbia shall provide training on the rights of pregnant employees and applicants. The District of Columbia also agreed to report back to the United States with any complaints for three years.

The case is closed.

Summary Authors

Erin Forman (10/24/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4680132/parties/doe-v-district-of-columbia/


Judge(s)

Urbina, Ricardo M. (District of Columbia)

Attorneys(s) for Plaintiff

Boardman, Ellen O. (District of Columbia)

Malone, Louis P. (District of Columbia)

Attorneys(s) for Defendant

Bianco, Richard (District of Columbia)

Hall, Wendel (District of Columbia)

Longmeyer, Jennifer L. (District of Columbia)

Strauss, Paul (District of Columbia)

Vavruska, Ronald L. Jr. (District of Columbia)

Other Attorney(s)

Active

Active

Judge(s)

Urbina, Ricardo M. (District of Columbia)

Attorneys(s) for Plaintiff

Boardman, Ellen O. (District of Columbia)

Malone, Louis P. (District of Columbia)

Attorneys(s) for Defendant

Bianco, Richard (District of Columbia)

Hall, Wendel (District of Columbia)

Longmeyer, Jennifer L. (District of Columbia)

Strauss, Paul (District of Columbia)

Vavruska, Ronald L. Jr. (District of Columbia)

Other Attorney(s)

Acosta, R. Alexander (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Hammond, Kristofor J (District of Columbia)

Johnson, Alicia Dyoni (District of Columbia)

Loughlin, Ann L. (District of Columbia)

Palmer, David J. (District of Columbia)

Woodard, Karen D. (District of Columbia)

Documents in the Clearinghouse

Document

1:02-cv-02340

Docket [Pacer]

Jane Doe III v. District of Columbia

Nov. 25, 2002

Nov. 25, 2002

Docket

1:02-cv-02338

Docket [Pacer]

Jane Doe II v. District of Columbia

March 10, 2004

March 10, 2004

Docket

1:02-cv-02338

Docket [PACER]

Jane Doe I v. District of Columbia

Oct. 6, 2006

Oct. 6, 2006

Docket
16

1:02-cv-02338

Complaint in Intervention

Feb. 25, 2004

Feb. 25, 2004

Pleading / Motion / Brief
16

1:02-cv-02338

Complaint In Intervention

Jane Doe II v. District of Columbia

Feb. 25, 2004

Feb. 25, 2004

Pleading / Motion / Brief
16

1:02-cv-02340

Complaint In Intervention

Jane Doe III v. District of Columbia

Feb. 25, 2004

Feb. 25, 2004

Pleading / Motion / Brief
17

1:02-cv-02338

Consolidated Defenses, Answer and Counterclaim

Jane Doe I, II, and III v. District of Columbia

March 10, 2004

March 10, 2004

Pleading / Motion / Brief
61

1:02-cv-02338

Settlement Agreement

Jane Does I, II, and II and United States v. District of Columbia

Aug. 31, 2005

Aug. 31, 2005

Settlement Agreement

1:02-cv-02338

Opinion

Jane Does I, II and III v. District of Columbia

448 F.Supp.2d 137

Sept. 5, 2006

Sept. 5, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4680132/doe-v-district-of-columbia/

Last updated Aug. 1, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Superior Ct. DC, case number 02ca8891. () (aet, ) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

2

NOTICE OF RELATED CASE by DISTRICT OF COLUMBIA . Case related to Case No. 02-2338. (aet, ) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

3

STANDING ORDER. Signed by Judge Ricardo M. Urbina on 12/02/02. (2) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

4

MOTION for Extension of Time to File Answer by DISTRICT OF COLUMBIA. (Longmeyer, Jennifer) (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

5

NOTICE of Appearance by Jennifer L. Longmeyer on behalf of DISTRICT OF COLUMBIA (Longmeyer, Jennifer) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

MINUTE ENTRY ORDER granting 4 Motion for Extension of Time to Answer . Signed by Judge Ricardo M. Urbina on 12/9/02. (2) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

6

ANSWER to Complaint with maximum jury number allowed by law by DISTRICT OF COLUMBIA.(Longmeyer, Jennifer) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

7

Original file, certified copy of transfer order and docket sheet received from DC Superior Court case no. 02ca8891. (bcs, ) Modified on 12/16/2002 (bcs, ). Additional attachment(s) added on 12/16/2002 (bcs, ). (Entered: 12/16/2002)

Dec. 13, 2002

Dec. 13, 2002

Summons (2) Issued as to RONNIE FEW, SAMANTHIA ROBINSON. (aet, ) (Entered: 02/21/2003)

Feb. 19, 2003

Feb. 19, 2003

9

First MOTION for Extension of Time to File Report of LCvR 16.3(c) Conference by DISTRICT OF COLUMBIA. (Longmeyer, Jennifer) (Entered: 05/09/2003)

May 9, 2003

May 9, 2003

10

MEET AND CONFER STATEMENT. (Hall, Wendel) (Entered: 05/12/2003)

May 12, 2003

May 12, 2003

11

ENTERED IN ERROR.....AFFIDAVIT FOR DEFAULT and Military Affidavit by JANE DOE II. (Cohen, Maydad) Modified on 6/16/2003 (aet, ). (Entered: 06/05/2003)

June 5, 2003

June 5, 2003

12

ENTERED IN ERROR.....AFFIDAVIT FOR DEFAULT and Military Affidavit by JANE DOE II. (Cohen, Maydad) Modified on 6/16/2003 (aet, ). (Entered: 06/09/2003)

June 9, 2003

June 9, 2003

NOTICE OF CORRECTED DOCKET ENTRY. Document numbers 11 and 12 were entered in error. Counsel is instructed to refile said pleadings. (aet, ) (Entered: 06/16/2003)

June 16, 2003

June 16, 2003

13

NOTICE of Appearance by Wendel Vincent Hall on behalf of RONNIE FEW (Hall, Wendel) (Entered: 06/18/2003)

June 18, 2003

June 18, 2003

CASE HAS BEEN CONSOLIDATED PURSUANT TO ORDER FILED 6/19/03. (td, ) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

MINUTE ENTRY ORDER granting 8 Motion for Extension of Time to File 16.3; granting 10 Motion to Consolidate Civil Actions 02-2338, 02-2339, 02-2340. The new action shall be captioned 02-2338 and civil actions 02-2339 and 02-2340 shall be dismissed from the court's docket. Recognizing the plaintiffs' concern about a joint trial, the court adds that, if they so desire, the plaintiffs may move for separate trials after discovery and the resolution of dispositive motions. Signed by Judge Ricardo M. Urbina on 6/19/03. Associated Cases: 1:02-cv- 02338-RMU,1:02-cv-02339-RMU,1:02-cv-02340-RMU (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

14

STIPULATION to Dismiss Plaintiff's Claims for Declaratory and Injunctive Relief and To Establish Date for Answer by DISTRICT OF COLUMBIA. Associated Cases: 1:02-cv-02338-RMU,1:02-cv-02339- RMU,1:02-cv-02340-RMU(Hall, Wendel) (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

15

MOTION for Default Judgment as to Defendant Robinson , MOTION for Extension of Time to Perfect Service by JANE DOE I. Responses due by 8/4/2003 (Attachments: # 1 # 2 Affidavit Donna Overkott- Spell# 3 # 4 Text of Proposed Order)Associated Cases: 1:02-cv-02338- RMU,1:02-cv-02339-RMU,1:02-cv-02340-RMU(Malone, Louis) (Entered: 07/29/2003)

July 29, 2003

July 29, 2003

16

MOTION to Intervene by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Complaint in Intervention# 2 Text of Proposed Order)(Burgess, Joe) (Entered: 02/25/2004)

Feb. 25, 2004

Feb. 25, 2004

17

Memorandum in opposition to motion re 16 Intervention filed by DISTRICT OF COLUMBIA, RONNIE FEW. (Hall, Wendel) (Entered: 03/10/2004)

March 10, 2004

March 10, 2004

76

MEMORANDUM OPINION. Signed by Judge Ricardo M. Urbina on 9/5/2006. (md)

Sept. 5, 2006

Sept. 5, 2006

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Key Dates

Filing Date: Nov. 25, 2002

Closing Date: Sept. 6, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jane Does I, II, III and United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia Fire (District of Columbia, District of Columbia), City

Defendant Type(s):

Fire

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - 2008

Issues

Discrimination-area:

Hiring

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female