Case: Cleveland Firefighters v. City of Cleveland

1:00-cv-00301 | U.S. District Court for the Northern District of Ohio

Filed Date: Feb. 1, 2000

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On February 1, 2000, a group of white firefighters filed this lawsuit against the City of Cleveland in the U.S. District Court for the Northern District of Ohio. The suit stemmed from a 1970s consent decrees that settled Headen v. City of Cleveland, a case brought by black applicants to the fire department who alleged that the testing and hiring procedures discriminated against minority candidates. The relevant portion of the consent decree provided that a fair test be produced and that the rat…

On February 1, 2000, a group of white firefighters filed this lawsuit against the City of Cleveland in the U.S. District Court for the Northern District of Ohio. The suit stemmed from a 1970s consent decrees that settled Headen v. City of Cleveland, a case brought by black applicants to the fire department who alleged that the testing and hiring procedures discriminated against minority candidates. The relevant portion of the consent decree provided that a fair test be produced and that the ratio of minority hires be equal to the ratio of minorities who passed the test until the proportion of minority firefighters was roughly equal to the percentage of minority population in Cleveland.

The group of white firefighters, organized as Cleveland Firefighters for Fair Hiring Practices (CFFHP), claimed that these consent decrees discriminated against white firefighters in violation of the Fourteenth Amendment and Title VII. Vanguards of Cleveland, a group organized to increase the number of minority firefighters and a party to the original suit, intervened as a third party plaintiff defending the consent decrees and arguing that Cleveland still engaged in discriminatory hiring practices. The City of Cleveland, which had filed a motion to stay the execution of the consent decree, defended the city's current hiring practices.

The city's motion to stay execution of the consent decree was denied, and the parties thereafter entered into a modified consent decree approved by the court (Judge John M. Manos) on September 29, 2000. It provided that the original consent decree was to remain in effect until one-third of the city's firefighters were minorities or the city had hired from three eligible lists, whichever occurred first. It also provided that the parties would negotiate new recruitment and training goals to increase the number of minority hires.

On September 26, 2008, the city filed a motion for an extension of time to comply with the consent decree on the grounds that reductions in the number of firefighters had prevented it from complying. Vanguards filed a motion to extend the terms of the consent decree on September 29, 2008. CFFHP opposed both motions and argued that the consent decree should be allowed to expire as contemplated in 2000. On August 20, 2009, the court (Judge Donald C. Nugent) denied the motions of the city and Vanguards, terminated the consent decree, and closed the case after finding that the decree had already been in effect long enough. 2009 WL 2602366.

On September 18, 2009, Vanguards appealed this decision to the Sixth Circuit. Oral arguments were held on March 10, 2011, and on January 27, 2012, the sixth Circuit vacated the district court’s decision. The Court of Appeals held that the district court had answered the wrong question in refusing to extend the consent decree for additional years. The District Court had considered whether the provisions continued to be necessary. Instead, according to the Sixth Circuit, the appropriate question was whether "the decree's racial classifications continue to remedy past discrimination by the City's Fire Department." Because the District Court did not make specific finds of fact as to the appropriate question, the case was remanded. 669 F.3d 737.

Hearing was held on December 26, 2012 before Judge Donald C. Nugent, and on January 8, 2013, the court (Judge Donald C. Nugent) issued an order that found the amended consent decree no longer necessary to advance the goals of that decree, that the City substantially complied with all enforceable terms of the decree, and that race-based provisions were no longer needed to address past discrimination and were consequently unconstitutional. The case is now closed

Summary Authors

Michael Perry (5/12/2011)

MJ Koo (3/12/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5670949/parties/cleve-firefighters-v-cleveland-city-of/


Judge(s)
Attorney for Plaintiff

Bashein, W. Craig (Ohio)

Bryan, Bradric T. (Ohio)

Attorney for Defendant

Brady, Matthew T. (Ohio)

Carr, Pinkey S. (Ohio)

Carter, Cornell P. (Ohio)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:00-cv-00301

Docket

Jan. 8, 2013

Jan. 8, 2013

Docket

1:00-cv-00301

09-04208

Docket [PACER]

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

Jan. 8, 2013

Jan. 8, 2013

Docket
45-1

1:00-cv-00301

73-00330

Second Amended Consent Decree

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

Sept. 29, 2000

Sept. 29, 2000

Settlement Agreement
45

1:00-cv-00301

73-00330

Motion to Extend the Terms of the Second Amended Consent Decree

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

Sept. 29, 2008

Sept. 29, 2008

Pleading / Motion / Brief
60

1:00-cv-00301

73-00330

Supplemental Memorandum of Law in Support of the Motions to Extend the Consent Decree

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

May 27, 2009

May 27, 2009

Pleading / Motion / Brief
63

1:00-cv-00301

73-00330

Vanguards' Post-hearing Memorandum of Law in Support of the Parties' Motion to Extend Paragraph One of the Consent Decree with attached Stipulated Order

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

June 8, 2009

June 8, 2009

Pleading / Motion / Brief
64

1:00-cv-00301

73-00330

Cleveland Firefighters for Fair Hiring Practices' Post-hearing Memorandum (including attached previous stipulated order)

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

June 11, 2009

June 11, 2009

Pleading / Motion / Brief
72

1:00-cv-00301

73-00330

Memorandum Opinion and Order

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

Aug. 20, 2009

Aug. 20, 2009

Order/Opinion

2009 WL 2009

09-04208

U.S. Court of Appeals Opinion

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

U.S. Court of Appeals for the Sixth Circuit

Jan. 27, 2012

Jan. 27, 2012

Order/Opinion
101

1:00-cv-00301

Memorandum Opinion Re City's Motion for Extension of Time to Extend the Terms of Second Amended Consent Decree, Vanguard's Renewed Motion to Extend

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

Jan. 8, 2013

Jan. 8, 2013

Order/Opinion

917 F.Supp.2d 917

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5670949/cleve-firefighters-v-cleveland-city-of/

Last updated April 12, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link

FILING FEE: on 2/1/00 in the amount of $ 150.00, receipt # 614323. (B,BA A) (Entered: 02/01/2000)

Feb. 1, 2000

Feb. 1, 2000

1

COMPLAINT; jury demand ( Service: summons issd, magistrate consent form issd) ( 13 pgs + 20 exh pgs) (M,EJ) (Entered: 02/02/2000)

Feb. 1, 2000

Feb. 1, 2000

ASSIGNMENT OF MAGISTRATE JUDGE pursuant to Local Rule 3.1, Assignment of Cases. In the event of referral this case will be referred to Mag. Judge Jack B. Streepy . 1 pg (M,EJ) (Entered: 02/02/2000)

Feb. 1, 2000

Feb. 1, 2000

2

CIS filed by pltfs. ECF suitable by W. Craig Bashein Recommended Track: standard ( 1 pg) (M,EJ) (Entered: 02/02/2000)

Feb. 1, 2000

Feb. 1, 2000

3

CONSENT TO TRANSFER AND ORDER of transfer: Case reassigned to Judge John M. Manos as related to 73cv330 (issued ) ( 1 pg) Judge Patricia A. Gaughan and Judge John M. Manos [EOD Date: 2/11/00] (M,EJ) (Entered: 02/11/2000)

Feb. 8, 2000

Feb. 8, 2000

4

FIRST AMENDED CLASS ACTION COMPLAINT by plaintiffs; jury demand [1−1]; adding Bill Ruck (14 pgs) (E,P) (Entered: 02/17/2000)

Feb. 16, 2000

Feb. 16, 2000

5

ANSWER to Complaint by defendant; jury demand ( 9 pgs) (E,P) (Entered: 02/24/2000)

Feb. 22, 2000

Feb. 22, 2000

6

MOTION by pltf for leave to file amd complt, w/exhibits, instanter ( 2 pgs + amd complt 44 pgs) (M,EJ) (Entered: 02/28/2000)

Feb. 25, 2000

Feb. 25, 2000

23

JOINT MOTION by parties for continuance of time to negotiate terms of new training component of 2nd amd consent decree ( 3 pgs) (M,EJ) (Entered: 12/28/2000)

Feb. 27, 2000

Feb. 27, 2000

MARGINAL ENTRY ORDER: granting motion by pltf for leave to file amd complt, w/exhibits, instanter [6−1] (issued on 3/13/00) Judge John M. Manos [EOD Date: 3/13/00] (M,EJ) (Entered: 03/13/2000)

March 8, 2000

March 8, 2000

8

FIRST AMENDED COMPLAINT by pltf w/exhibits; jury demand [4−1] ( 14 pgs + 20 exh pgs) (M,EJ) (Entered: 03/13/2000)

March 9, 2000

March 9, 2000

7

NOTICE of settlement conf set at 1:30 on 3/28/00 in rm 3301 before Judge Manos (issued ) ( 1 pg) (M,EJ) (Entered: 03/13/2000)

March 10, 2000

March 10, 2000

9

ANSWER to 1st Amended Class Action Complaint by defendant; jury demand ( 10 pgs) (M,EJ) (Entered: 03/24/2000)

March 22, 2000

March 22, 2000

10

NOTICT OF ATTORNEY APPEARANCE on behalf of dft City of Cleveland by attys Robert P. Duvin and Robert M. Wolff of Duvin, Cahn & Hutton ( 3 pgs) (M,EJ) (Entered: 03/27/2000)

March 24, 2000

March 24, 2000

12

MINUTES of proceedings: before Judge John M. Manos; status conf held 4/5/00; ptys to meet w/in 10 days & to rpt back to Ct w/in 20 days; conf is set for 5/5/00 at 10:00 a.m. (issued) (1 pg) (H,D) (Entered: 04/07/2000)

April 5, 2000

April 5, 2000

13

NOTICE of status conf scheduled at 10:00 a.m. on 5/5/00 in room 3301 Key Tower before Judge John M. Manos. (issued ) ( 1 pg) (H,D) (Entered: 04/07/2000)

April 5, 2000

April 5, 2000

14

JOINT MOTION by parties for 1 day ext of time until 4/28/00 to file their confidential settlement reports ( 2 pgs) (M,EJ) (Entered: 04/28/2000)

April 27, 2000

April 27, 2000

15

MOTION by dft City of Cleveland on behalf of all parties other than the movant for ext of time until 5/2/00 for these parties to file their confidential settlement reports ( 3 pgs) (M,EJ) (Entered: 05/01/2000)

April 28, 2000

April 28, 2000

MARGINAL ENTRY ORDER: finding the motion by parties for 1 day ext of time until 4/28/00 to file their confidential settlement reports [14−1] moot (issued on 5/3/00) Judge John M. Manos [EOD Date: 5/3/00] (M,EJ) (Entered: 05/03/2000)

May 2, 2000

May 2, 2000

MARGINAL ENTRY ORDER: finding the motion by dft City of Cleveland on behalf of all parties other than the movant for ext of time until 5/2/00 for these parties to file their confidential settlement reports [15−1] moot (issued on 5/3/00) Judge John M. Manos [EOD Date: 5/3/00] (M,EJ) (Entered: 05/03/2000)

May 2, 2000

May 2, 2000

16

MINUTES of proceedings before Judge John M. Manos: Court reporter n/a settlement conf held; a conf set 1:30 on 7/14/00 (also in C73−330) ( 1 pg) (M,EJ) (Entered: 06/15/2000)

June 13, 2000

June 13, 2000

17

NOTICE of conference on 7/14/00 1:30, before Judge Manos in rm 3301 (issued) ( 1 pg) (M,EJ) (Entered: 06/15/2000)

June 13, 2000

June 13, 2000

18

NOTICE of status conf at 1:30 on 8/3/00 in rm 3301 before Judge Manos (issued) ( 1 pg) (M,EJ) (Entered: 07/20/2000)

July 14, 2000

July 14, 2000

19

NOTICE of settlement conf set at 10:00 on 9/28/00 in rm 3301 before Judge John M. Manos (w/1:73cv330) (issued) ( 1 pg) (M,EJ) (Entered: 09/18/2000)

Sept. 15, 2000

Sept. 15, 2000

20

CONSENT ORDER ng extension of eligible list for two years from 9/28/2000 (w/1:73cv330). (issued) ( 4 pgs) Judge John M. Manos [EOD Date: 10/4/00] (M,EJ) (Entered: 10/04/2000)

Sept. 29, 2000

Sept. 29, 2000

21

CONSENT ORDER regarding regrading of Nov. '98 examination (w/1:73cv330) (issued) ( 4 pgs) Judge John M. Manos [EOD Date: 10/4/00] (M,EJ) (Entered: 10/04/2000)

Sept. 29, 2000

Sept. 29, 2000

22

SECOND AMENDED CONSENT DECREE (1st in 1:73cv330 approved on 1/17/77): amended decree is further modified 1) Headen decree shall remain in full force and effect until the City of Cleveland Dept of Public Safety, Div of Fire reaches a 33 1/3% minority makeup or until the city has established and hired cadets from three eligible lists...whichever ocurs first... 2) parties agree that they are committed to negotiating and implementing a plan for "reinvigoration of the prior recruitment and training efforts" for the entry level position of fire fighter... 3) for purposes of the 1999 Eligible List, the written component shall be rescored so that a passing score on the written exam shall be 26.5 or two standard deviations below the mean score... 4) City agrees to pay attys' fees and expenses to counsel for the pltf class in the sum of $40,000.; matter of fees and expenses for the Vanguards is reserved for consideration by the court upon application... 5) existing method of assigning seniority to persons on the eligible list shall be continued during the life of this 2nd amended consent decree 6) ... the Secr of the Civil Service Commission will notify, in advance, designated representatives of the Cleveland Firefighters for Fair Hiring Practices, Local 93 and the Vanguards, of the date and location of the Commission mtg regarding approval of an eligibility list for firefighters pursuant to this 2nd amended consent decree... 7) the City is committed to provide vigorous enforcement of the Civil Service Rules in regard to the award of residency points for applicants 8) by no later than 1/1/2008, the City shall have undertaken a reevaluation of the entrance exam process... 9) pltf class will be provided ntc of the above agreement by court order 10) this agreement is the result of language submitted by all parties; proposed drafts or rejected proposals may not be used to guide the future interpretation or construction of this 2nd amend consent decree; court shall retain continuing jurisdiction over this 2nd amended consent decree ( 12 pgs + 21 exh pgs) Judge John M. Manos [EOD Date: 10/4/00] (M,EJ) (Entered: 10/04/2000)

Sept. 29, 2000

Sept. 29, 2000

MARGINAL ENTRY ORDER: granting motion by parties for continuance of time to negotiate terms of new training component of 2nd amd consent decree [23−1] (issued on 1/4/01) Judge John M. Manos [EOD Date: 1/4/01] (K,V) (Entered: 01/04/2001)

Jan. 4, 2001

Jan. 4, 2001

24

STIPULATION and ORDER granting: pltfs & deft a 90 day ext of time in which to complete negotiations on recruitment & training goals required by the consent decree. ( 3 pgs) Judge John M. Manos [EOD Date: 4/9/01] (B,B) (Entered: 04/09/2001)

April 6, 2001

April 6, 2001

25

STIPULATION for extension of time until 3/4/02 to complete negotiations on recruitment and training goals required by the consent decree. ( 2 pgs) (M,EJ) (Entered: 01/15/2002)

Jan. 14, 2002

Jan. 14, 2002

MARGINAL ENTRY ORDER: granting stipulation for ext of time until 3/4/02 to complete negotiations on recruitment and training goals required by the consent decree [25−1] (issued on 2/1/02) Judge John M. Manos [EOD Date: 2/1/02] (E,P) (Entered: 02/01/2002)

Jan. 29, 2002

Jan. 29, 2002

26

SECOND STIPULATION for ext of time until 4/6/02 to complete negotiations for agreed upon recruiting and training goals. ( 2 pgs) (M,EJ) (Entered: 03/06/2002)

March 5, 2002

March 5, 2002

MARGINAL ENTRY ORDER granting 2nd stipulation for ext of time to complete negotiations on recruitment & training goals. [26−1] (issued on 3/15/02) Judge John M. Manos [EOD Date: 3/15/02] (H,D) (Entered: 03/15/2002)

March 15, 2002

March 15, 2002

27

NOTICE of conference at 10:00 on 5/22/02 in rm 3301, Key Tower, before Judge Manos (issued) ( 1 pgs) (M,EJ) (Entered: 05/02/2002)

April 30, 2002

April 30, 2002

28

BRIEF by pltfs to exclude Vanguards' direct entry proposal from the high school education plan ( 13 pgs) (B,B) (Entered: 07/25/2003)

July 24, 2003

July 24, 2003

29

BRIEF by dft in opp to inclusion of direct entry requirement in negotiated plan ( 9 pgs + 6 attachment pgs) (B,B) (Entered: 07/28/2003)

July 25, 2003

July 25, 2003

30

MEMORANDUM of law by non−pty Vanguards in supp of the "direct entry" element of the school−to−work program ( 11 pgs + 13 exh pgs) (B,B) (Entered: 07/28/2003)

July 25, 2003

July 25, 2003

31

EXHIBIT B by non−pty Vanguards to its memo of law in supp of the "direct entry" element of the school−to−work program ( 2 pgs + 68 attachment pgs) (B,B) (Entered: 07/28/2003)

July 25, 2003

July 25, 2003

32

POST−JUDGMENT MOTION by pty in interest Vanguards for lv to fily reply memo (rply memo attached) ( 2 pgs + 8 attachment pgs) (B,B) (Entered: 08/20/2003)

Aug. 19, 2003

Aug. 19, 2003

33

Agreed Entry and Order pursuant to the second amended consent decree. Signed by Judge John M. Manos on 3/4/04. (Attachments: # 1 Plan for reinvigorated recruitment and training efforts)(C, B) (Entered: 03/05/2004)

March 4, 2004

March 4, 2004

34

Notice of Hearing: Status Conference set for 1/11/2005 at 01:00 PM in Chambers 16B before Hon. John M. Manos. (S, DJ) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

35

Returned Mail; Notice of Status conference; sent to Garnett R. Meador and returned with notice of unable to forward. Related document(s) 34 . (H, D) (Entered: 12/27/2004)

Dec. 27, 2004

Dec. 27, 2004

36

Minutes of proceedings. In Chambers Conference held on 1/11/05 before Judge John M. Manos. Within twenty (20) days, all parties shall file briefs detailing their respective positions regarding the education programs at issue. The parties have five (5) days thereafter to reply. (D, L) (Entered: 01/13/2005)

Jan. 11, 2005

Jan. 11, 2005

37

Position Brief Regarding the Education Programs at Issue filed by Cleveland Firefighters, Local 93 IAFF. Related document(s) 36 . (Attachments: # 1 Affidavit of Robert Fisher # 2 Exhibits 1−5) (Diemert, Jr., Joseph) Modified text 1/31/2005 (C, K A). (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

39

Status Report filed by Vanguards of Cleveland. (Stege, Jr., Edward) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

40

Motion for extension of time until February 4, 2005 to File Response to Local 93 Objections filed by Cleveland, City of. (Kordeleski, Kathleen) (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

41

Brief in Response to Objections of Local 93 filed by City of Cleveland. (Related document # 37 ) (Kordeleski, Kathleen) Modified on 2/7/2005 (H, D). (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

42

Reply to Submission of Vanguards of Cleveland filed by Cleveland Firefighters, Local 93 IAFF. Related document(s) 39 . (Diemert, Jr., Joseph) Modified on 2/7/2005 (H, D). (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

Order (non−document) mooting Vanguard's Motion for leave to file reply(Related Doc # 32 ). Entered by Judge John M. Manos on 4/5/05. (G, Y.) Modified text 4/6/2005 (C, K A). (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

43

Address Change Notice by Edward R. Stege, Jr filed by on behalf of Vanguards of Cleveland. (G,YJ) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

44

Motion for extension of time To Establish Two Fire Eligibility Lists until September 2012 filed by Defendant Cleveland, City of. Related document(s) 22 . (Attachments: # 1 Exhibit A: Offer of Employment Letter, # 2 Exhibit B: 2001 Notification Letter preserving place in Academy, # 3 Exhibit C: OP&F webpage on DROP Program, # 4 Exhibit D: Letter from OP&F on DROP Participants, # 5 Exhibit E: Letter from Mayor to Union President, # 6 Exhibit F: Fire Separation Lists 2004−07, # 7 Exhibit G: DRAFT of Recruitment Project Director Posting, # 8 Exhibit H: May 2008 Letter of Interest)(Gibbons, Kevin) Modified docket text on 9/29/2008 (R,N). (Entered: 09/26/2008)

Sept. 26, 2008

Sept. 26, 2008

45

Motion for Extend Terms of Second Amended Consent Decree filed by 3rd Party Plaintiff Vanguards of Cleveland. (Attachments: # 1 Exhibit Second Amended Consent Decree)(Stege, E.) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

Judge Donald C. Nugent assigned to case. Hon. John M. Manos terminated. (R,N) (Entered: 09/30/2008)

Sept. 29, 2008

Sept. 29, 2008

Notice (non−document)of Status Conference set for 10/14/2008 09:00 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

46

Attorney Appearance by Bradric T. Bryan filed by on behalf of Cleveland Firefighters for Fair Hiring Practices. (Bryan, Bradric) (Entered: 10/07/2008)

Oct. 7, 2008

Oct. 7, 2008

47

Motion for extension of time until October 24, 2008 to file response to City and Vanguard's motions to extend the Second Amended Consent Decree filed by Plaintiff Cleveland Firefighters for Fair Hiring Practices. (Bryan, Bradric) (Entered: 10/07/2008)

Oct. 7, 2008

Oct. 7, 2008

48

Notice of withdrawal of counsel filed by Cleveland, City of. (C,B) (Entered: 10/10/2008)

Oct. 7, 2008

Oct. 7, 2008

49

Notice of Withdrawal of Counsel of Attorneys W. Craig Bashein and Paul W. Flowers filed by Cleveland Firefighters for Fair Hiring Practices. (Bashein, W.) Modified docket text on 10/15/2008 (R,N). (Entered: 10/13/2008)

Oct. 13, 2008

Oct. 13, 2008

Notice (non−document)of Status Conference re−set for 11/7/2008 09:00 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

Order [non−document]granting 47 Motion for Extension of Time until October 24, 2008 to file response to City and Vanguard's motions to extend the Second Amended Consent Decree. Judge Donald C. Nugent (R,JM) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

50

Response to City's Petition for extension of time to comply with Headen Decree and Vanguard's Motion to extend the terms of the Second Amended Decree 44 , 45 filed by Cleveland Firefighters for Fair Hiring Practices. (Bryan, Bradric) Modified docket text

Oct. 24, 2008

Oct. 24, 2008

Order [non−document]granting Motion to withdraw as attorney, attorney Subodh Chandra removed from case. (Related Doc # 51 )Judge Donald C. Nugent(R,JM) (Entered: 11/05/2008)

Nov. 5, 2008

Nov. 5, 2008

52

Minutes of proceedings before Judge Donald C. Nugento of Status Conference held. Next Status Conference set for 1/15/2009 09:30 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

53

Amended Response to 45 Motion for Extend Terms of Second Amended Consent Decree, 44 Motion for extension of To Establish Two Fire Eligibility Lists until September 2012 filed by Cleveland Firefighters for Fair Hiring Practices. (Bryan, Bradric) Modified docket text on 1/5/2009 (R,N). (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

54

Order: The status conference set for 1/15/2009 has been re−set for 2/17/2009 at 1:00 PM in Courtroom 15A before Judge Donald C. Nugent. Signed by Judge Donald C. Nugent on 1/7/09. (B,IE) (Entered: 01/07/2009)

Jan. 7, 2009

Jan. 7, 2009

55

Notice of Status Conference set for 4/15/2009 at 10:30 AM in Courtroom 15A before Judge Donald C. Nugent. (B,IE) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

56

Minutes of proceedings before Judge Donald C. Nugent of Status Conference held. Parties working on a resolution. Next Status Conference set for 5/1/2009 10:00 AM in Chambers 15A before Judge Donald C. Nugent. Time: 45 min. (R,JM) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

Notice (non−document)of STATUS CONFERENCE RE−SCHEDULED TO THURSDAY, APRIL 30, 2009 AT 11:00 A.M. in Chambers 15A before Judge Donald C. Nugent. (R,JM) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

57

Attorney Appearance by Daniel A. Powell filed by on behalf of Cleveland Firefighters, Local 93 IAFF. (Powell, Daniel) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

58

Minutes of proceedings before Judge Donald C. Nugent. Status Conference held and all counsel on cases present on 4/30/09. This case was combined with Case No. 73cv330. As of September 2008, the Second Amended Consent Decree has expired. Both City and Vanguards filed Motions to Extend 2nd Amended Consent Decree. Cleveland Firefighters originally filed a case in 2000 to terminate the 1973 1st Amended Consent Decree. Three parties agreed to 2nd Amended Consent Decree and now Cleveland Firefighters oppose any extension. Motion Hearing set for 5/28/2009 at 10:00 AM in Courtroom 15A before Judge Donald C. Nugent. (Court Reporter: None) Time: 45 minutes. (B,IE) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

59

Memorandum In Support of 45 Motion for Extend Terms of Second Amended Consent Decree filed by Vanguards of Cleveland. (Stege, E.) (Entered: 05/26/2009)

May 26, 2009

May 26, 2009

60

Supplemental Memorandum In Support of 45 Motion for Extend Terms of Second Amended Consent Decree filed by Vanguards of Cleveland. (Stege, E.) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

61

Minutes of proceedings before Judge Donald C. Nugent of hearing held on Application to extend the 2nd Amended Consent Decree. Witnesses called and exhibits admitted. (Court Reporter: Judy Gage.)Time: 1 hour. (R,JM) (Entered: 05/28/2009)

May 28, 2009

May 28, 2009

62

Transcript of Hearing on Motion held on May 28, 2009 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter Judith Gage at 216−357−7238. [63 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/9/2009. Redaction Request due 6/22/2009. Redacted Transcript Deadline set for 6/30/2009. Release of Transcript Restriction set for

May 30, 2009

May 30, 2009

64

Response to 45 Motion for Extend Terms of Second Amended Consent Decree, 44 Motion for extension of To Establish Two Fire Eligibility Lists until September 2012 Post−Hearing Memorandum filed by Cleveland Firefighters for Fair Hiring Practices. (Bryan, Bradric) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

65

Memorandum In Support of 44 Motion for extension of To Establish Two Fire Eligibility Lists until September 2012 /Post−Hearing Brief filed by Cleveland, City of. (Gibbons, Kevin) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

66

Notice of Status Conference set for 6/18/2009 at 08:00 AM in Courtroom 15A before Judge Donald C. Nugent. (E,P) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

Notice (non−document) of RE−SCHEDULED Status Conference set for 6/24/2009 at 08:00 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

67

Motion to continue Status Conference scheduled for 6/24/09 filed by Defendant Cleveland, City of. Related document(s) 66 . (Attachments: # 1 Exhibit A: 8th District Docket)(Gibbons, Kevin) Modified on 6/17/2009 (R,N). (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

Order [non−document]granting Motion to continue (Related Doc # 67 ) Status Conference that was set for 6/24/2009 at 08:00 AM is now RE−SCHEDULED FOR Thursday, June 25, 2009 at 8:00 a.m.. in Chambers 15A before Judge Donald C. Nugent(R,JM) Modified on 6/23/2009 (R,JM). (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

68

Minutes of proceedings before Judge Donald C. Nugent of Status conference held and all counsel present. Parties have submitted a proposed agreed extension to 2nd Amended Consent Decree. Court orally indicated that such proposal was not accetable and any new proposal due on or before 7/01/09. Otherwise Court to rule on Motion to extend 2nd Amended Consent Decreee with all information in previously filed briefs as well as testimony and statements of cunsel heard during previous oral hearing. Judge Donald C. Nugent Time: 20 min. (R,JM) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

69

Motion for extension of To File Report To Court until July 2, 2009 filed by 3rd Party Plaintiff Vanguards of Cleveland. (Stege, E.) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

70

Status Report filed by Vanguards of Cleveland. (Stege, E.) Modified on 7/6/2009, attorney notified, document filed without leave of court (R,N). (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

71

Supplemental Status Report filed by Vanguards of Cleveland. (Stege, E.) (Entered: 08/18/2009)

Aug. 18, 2009

Aug. 18, 2009

72

Memorandum Opinion and Order For the reasons cited in the Order, the City's Motion for Extension of Time to Comply with the Headen Decree (ECF # 44 ) and the Vanguard's Motion to Extend the Terms of the Second Amended Consent Decree (ECF # 45 ) are denied. This case is terminated. Signed by Judge Donald C. Nugent on 8/20/09.(K,K)

Aug. 20, 2009

Aug. 20, 2009

RECAP
73

Judgment Pursuant to a Memorandum Opinion and Order of this Court, the City of Cleveland's Motion for Extension of Time to Comply with the Headen Decree (ECF # 44 ) and the Vanguards of Cleveland's Motion to Extend the Terms of the Second Amended Consent Decree (ECF # 45 ) are denied. This case is terminated. Related document 72 . Signed by Judge Donald C. Nugent on 8/20/09. (K,K) (Entered: 08/21/2009)

Aug. 21, 2009

Aug. 21, 2009

74

NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 72 Memorandum, Opinion and Order and 73 Judgment of 8/20/09, filed by Vanguards of Cleveland. (Filing fee of $455 paid, receipt number 0647−3743097) (Stege, E.) Modified text on 9/22/2009 (H,SP). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

75

Acknowledgment from the USCA for Sixth Circuit of receipt of 74 Notice of Appeal (USCA# 09−4208). Date filed in USCA 10/2/09. (H,SP) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

76

Returned Mail (order dated 1/7/2009) addressed to Garnett R. Meador, attorney for plaintiffs, and returned with the Post Office notation: return to sender, no longer at this address, not deliverable as addressed, unable to forward. Related document(s) 54 . (Attachments: # 1 Mailing Label) (B,B) (Entered: 01/11/2010)

Jan. 11, 2010

Jan. 11, 2010

77

Information copy of opinion from the USCA for the Sixth Circuit: Vacating the District Court's order and remanding for further proceedings consistent with this opinion re 74 Notice of Appeal (USCA# 09−4208). This is not a mandate order. Circuit Judges: Keith, McKeague and Kethledge. Date issued by USCA 1/27/12 (Attachments: # 1 Judgment)(H,SP) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

78

True copy of mandate from the USCA for the Sixth Circuit: Vacating the District Court's order and remanding for further proceedings re 74 Notice of Appeal (USCA# 09−4208). Date issued as mandate 2/22/12, Costs: None (Related document 77 ) (C,KA). Modified text on 2/28/2012 (H,SP). (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

79

Notice of Substitution of Counsel removing attorney Cornell P. Carter, Eric J. Schaltenbrand, Matthew T. Brady, and Kevin J. Gibbons and adding attorney William M. Menzalora filed by on behalf of Cleveland, City of. (Menzalora, William) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

80

Motion to Schedule a Status Conference filed by Plaintiff Cleveland Firefighters, Local 93 IAFF. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Powell, Daniel) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

81

Response to 80 Motion to Schedule a Status Conference and Notice of Dates of Availability filed by Cleveland, City of. (Menzalora, William) (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

IMPORTANT: Notice (non−document) of Status Conference set for 9/7/2012 at 9:00 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

IMPORTANT: Notice of RE−SCHEDUED Status Conference set for 9/12/2012 at 10:30 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

82

Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 9/12/12. Briefs re consent decree due 10/12/12. Status Conference set for 11/20/2012 at 09:00 AM. Time: 60 minutes. (C,KA) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

83

Motion for Extension of Second Amended Consent Decree; Specific and Narrowly Drawn Extension of the Second Amended Consent Decree; and Evidentiary Hearing filed by 3rd Party Plaintiff Vanguards of Cleveland. (Attachments: # 1 Brief in Support Memo in support of a Three Prong Motion)(Stege, E.) Modified text on 10/17/2012 (G,CA). (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

84

Partial Joinder in the Motion for an Extension of the Second Amended Consent Decree Filed by the Headen Plaintiffs and The Vanguards of Cleveland filed by Cleveland, City of. (Attachments: # 1 Exhibit 1 − Affidavit of Martin Flask, # 2 Exhibit 2 − Affidavit of Lucille Ambroz)Related document(s) 82 , 83 .(Menzalora, William) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

85

Motion for leave filed by 3rd Party Plaintiff Vanguards of Cleveland. (Stege, E.) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Key Dates

Filing Date: Feb. 1, 2000

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of white firefighters.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Cleveland (Cleveland, Cuyahoga), City

Defendant Type(s):

Fire

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

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

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Utilize objective hiring/promotion criteria

Other requirements regarding hiring, promotion, retention

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Impact

Disparate Treatment

Hiring

Testing

Discrimination-basis:

Race discrimination

Race:

Black

White

National Origin/Ethnicity:

Hispanic