Case: Conanan v. Powell

1:00-cv-03091 | U.S. District Court for the District of District of Columbia

Filed Date: Dec. 22, 2000

Closed Date: 2004

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Case Summary

Black employees of the Federal Deposit Insurance Corporation filed a class action complaint against the agency under Title VII of the Civil Rights Act, alleging racial discrimination in promotions. The plaintiffs filed their complaint in the United States District Court for the District of Columbia (Judge Ellen S. Huvelle.) On November 8, 1993, Plaintiffs filed an administrative class action complaint with the FDIC, alleging race discrimination in promotions. The complaint cited Title VII of th…

On November 8, 1993, Plaintiffs filed an administrative class action complaint with the FDIC, alleging race discrimination in promotions. The complaint cited Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. The plaintiffs sought monetary and injunctive relief. After the FDIC forwarded the complaint, the Equal Employment Opportunity Commission (EEOC) certified the class on January 13, 1998. However, the parties disputed the definition of the class and the EEOC's Office of Federal Operations ordered the parties, on February 4, 1999, to submit the issue to the Administrative Judge assigned to the complaint. Instead, however, the parties entered mediation with Linda Singer of ADR Associates, which lead to an agreement on December 22, 2000. The parties filed a new class action complaint in the U.S. District Court for the District of Columbia. The administrative action was dismissed on March 8, 2001.

In an unpublished order on April 6, 2001, the Court granted a motion for class certification. In an unpublished order on November 26, 2001, the court approved the consent decree. The consent decree was to last three years from the date of approval. It applied to a settlement class consisting of "All African-Americans employed by the FDIC in any capacity (whether permanent, temporary, or term, including, without limitation, all General/Corporate Grade, Liquidation Grade and Wage Grade/Prevailing Rate employees, but excluding any persons to the extent that their employment at the FDIC is or was solely in the capacity of student intern) at any time from May 13, 1992, to March 31, 2001." The FDIC agreed to pay $14m in monetary damages including back pay, front pay, employment benefits, interest, and $2m in attorneys' fees. Of this total, $500,000 would go to class representatives. Other class members would receive damages based on a formula. The FDIC would pay interest only if an appeal delayed payment by 60 days after the effective date of the consent decree.

The FDIC also agreed to pay a number of fees, including: a maximum of $110,000 to the plaintiffs' expert, who would determine class awards; a maximum of $10,000 to the claim administrator; a maximum of $100,000 in attorneys fees and expenses to defend the decree in the Court of Appeals and U.S. Supreme Court, if necessary; up to $15,000 per year for monitoring and compliance; fees of a neutral expert up to $100,000 for monitoring and compliance, a maximum of $50,000 for attorneys' fees for monitoring and compliance and $45,000 for mediation; $30,000 for a mediator for the first year, $25,000 for the second year, and $20,000 for the third year, and employer taxes on payments from the back pay fund.

The consent decree also contained "equitable relief," which required that the FDIC work with a neutral expert to create a new system for promotions for competitive and non-competitive positions, which would include interview guidelines and objective criteria for promotion. The FDIC agreed that supervisors would make job assignments in a way as to maximize advancement potential. The FDIC agreed to train all personnel in diversity and in the new system of promotions and to cooperate with class counsel and the neutral expert in monitoring implementation of the equitable relief. On December 3, 2002, the Court granted a motion for approval of final distribution of the settlement proceeds pursuant to the Consent Decree.

In an unpublished order on May 15, 2001, Judge Ellen S. Huvelle denied a motion by certain Claimants to intervene. The only activity in the Court of Appeals was an unpublished per curiam order affirming the District Court's denial of the motion to intervene. Conanan v. Tanoue, No. 01-5174, 2001 WL 1488621 (D.C. Cir. Oct. 16, 2001).

Summary Authors

Eric Weiler (6/26/2010)

People

Judge(s)

Blumenthal, Ronnie (District of Columbia)

Attorney for Plaintiff

Buchanan, Avis E. (District of Columbia)

Attorney for Defendant

Costantino, Cathy Anne (District of Columbia)

Expert/Monitor/Master/Other

Bass, Mary Elizabeth

Burgess, Nicholas J.

Judge(s)

Blumenthal, Ronnie (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Randolph, Arthur Raymond (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Attorney for Plaintiff

Buchanan, Avis E. (District of Columbia)

Malveaux, Suzette Marie (District of Columbia)

Sellers, Joseph Marc (District of Columbia)

Attorney for Defendant

Costantino, Cathy Anne (District of Columbia)

Counsel, Kathryn Ryan

Counsel, Ann Scharnikow

Counsel, Colleen Joy

Duross, Ann Scharnikow (District of Columbia)

Garland, Merrick B. (District of Columbia)

Norcross, Kathryn Ryan (District of Columbia)

Pagano, Anthony F. III (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Sarisky, Thomas James (Virginia)

Tatel, David S. (District of Columbia)

Villarreal, Lisa M. (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Other

Bass, Mary Elizabeth

Burgess, Nicholas J.

Sussman, Jerry

Thomas-Burnett, Marie

Documents in the Clearinghouse

Documents in this case

01-05174	Court of Appeals Docket Conanan v. Tanoue U.S. Court of Appeals for the District of Columbia Circuit	Feb. 12, 2002	Feb. 12, 2002 Docket
1:00-cv-03091	Docket Conanan v. Tanoue	April 30, 2003	April 30, 2003 Docket
1952486	E.E.O.C. Administrative Appeal [Affirming In Part And Reversing In Part Agency's Decision To Dismiss The Plaintiffs' Allegations] Conanan v. Tanoue No Court	Jan. 13, 1998	Jan. 13, 1998 Order/Opinion 1998 WL 25234
13 1:00-cv-03091	Order [Granting Plaintiffs' Motion For Class Certification] Conanan v. Tanoue	April 6, 2001	April 6, 2001 Order/Opinion
28 1:00-cv-03091	Consent Decree Conanan v. Tanoue	May 7, 2001	May 7, 2001 Settlement Agreement
01-05174	Order [On Rehearing En Banc Upholding District Court's Denial Of Motion To Intervene] Conanan v. Tanoue U.S. Court of Appeals for the District of Columbia Circuit	Oct. 16, 2001	Oct. 16, 2001 Order/Opinion 2001 WL 1488621
56 1:00-cv-03091	Order [Granting Final Approval of Consent Decree] Conanan v. Tanoue	Nov. 26, 2001	Nov. 26, 2001 Order/Opinion

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Docket

Last updated March 24, 2025, 8:25 a.m.

ECF Number	Date	Description	Link
1	Dec. 22, 2000	COMPLAINT filed by plaintiff CHRIS J. CONANAN, plaintiff WILLITTA G. HAWKINS, plaintiff LEONARD GLENN; jury demand (jeb) (Entered: 12/27/2000)	PACER
	Dec. 22, 2000	SUMMONS (1) issued to federal party(s) federal defendant DONNA TANOUE only. (jeb) (Entered: 12/27/2000)	PACER
	Jan. 3, 2001	SUMMONS (2) issued to non−parties: U.S. Attorney and U.S. Attorney General. (tth) (Entered: 01/03/2001)	PACER
2	Jan. 31, 2001	STATEMENT filed by plaintiffs CHRIS J. CONANAN, WILLITTA G. HAWKINS, and LEONARD GLENN , regarding: several pertinent facts relative to the complaint before this court; Exhibits (5). (ag) (Entered: 02/01/2001)	PACER
4	March 6, 2001	ANSWER TO COMPLAINT [1−1] by federal defendant DONNA TANOUE . (jf) (Entered: 03/21/2001)	PACER
3	March 7, 2001	SCHEDULING ORDER by Judge Ellen S. Huvelle Meet Confer hearing set for 11:00 4/12/01 . (N) (gdf) (Entered: 03/08/2001)	PACER
5	March 22, 2001	MOTION filed by plaintiff CHRIS J. CONANAN, plaintiff WILLITTA G. HAWKINS, plaintiff LEONARD GLENN for class certifcation ; exhibits (3) (jf) (Entered: 03/23/2001)	PACER
6	March 22, 2001	MOTION (UNOPPOSED) filed by federal defendant DONNA TANOUE to continue scheduling conference (jf) (Entered: 03/26/2001)	PACER
7	March 23, 2001	ORDER by Judge Ellen S. Huvelle: granting motion to continue scheduling conference [6−1] by DONNA TANOUE Meet Confer hearing set for 10:00 a.m. on 4/23/01 . (N) (gdf) (Entered: 03/26/2001)	PACER
8	March 27, 2001	ATTORNEY APPEARANCE for federal defendant DONNA TANOUE by Thomas J. Sarisky (ag) (Entered: 03/28/2001)	PACER
9	March 27, 2001	NOTICE OF CHANGE OF ADDRESS by Thomas James Sarisky representing federal defendant DONNA TANOUE . New address: Federal Deposit Insurance Corporation Corporate Affairs Section − Litigation Unit, 801 17th Street, N.W., Room H− Washington, D.C. 20434−001 (202) 736−0133. (ag) (Entered: 03/28/2001)	PACER
10	March 27, 2001	ATTORNEY APPEARANCE for federal defendant DONNA TANOUE by Lisa M. Villarreal (ag) (Entered: 03/29/2001)	PACER
11	March 30, 2001	RESPONSE by federal defendant DONNA TANOUE to motion for class certifcation [5−1] by LEONARD GLENN, WILLITTA G. HAWKINS, CHRIS J. CONANAN (ag) (Entered: 04/02/2001)	PACER
12	April 4, 2001	JOINT MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 16 filed by plaintiff CHRIS J. CONANAN, plaintiff WILLITTA G. HAWKINS, plaintiff LEONARD GLENN, federal defendant DONNA TANOUE . (jdm)	PACER
14	April 18, 2001	MOTION filed for JERRY SUSSMAN, NICHOLAS J. BURGESS to intervene ; EXHIBIT (intervention of right paperwork) (bjsp) (Entered: 04/20/2001)	PACER
15	April 18, 2001	MOTION (REQUEST) filed by movant JERRY SUSSMAN, movant NICHOLAS J. BURGESS for oral hearing on motion to intervene (bjsp) (Entered: 04/20/2001)	PACER
16	April 20, 2001	(WITHDRAWN AND DESTROYED−−−) MOTION filed by plaintiff CHRIS J. CONANAN, plaintiff WILLITTA G. HAWKINS, plaintiff LEONARD GLENN for preliminary approval of the consent decree ; exhibit (6) (tb) Modified on 04/26/2001 (Entered: 04/23/2001)	PACER
17	April 20, 2001	ERRATA RE: telephone of intervenor by movant NICHOLAS J. BURGESS (tb) (Entered: 04/23/2001)	PACER
19	April 23, 2001	ORDER by Judge Ellen S. Huvelle: granting joint motion to file under seal number of person permitted to opt out under consent decree (N) (gdf) (Entered: 04/27/2001)	PACER
20	April 23, 2001	JOINT MOTION by plaintiffs and federal defendants for leave to withdraw filing of joint motion for preliminary approval of the consent decree and submissions filed in support on 4/20/01 (bjsp) Modified on 04/27/2001 (Entered: 04/27/2001)	PACER
	April 23, 2001	STATUS HEARING before Judge Ellen S. Huvelle: Preliminary Approval hearing set for 9:30 a.m. on 5/16/01; Reporter: Beverly Byrne (gdf) (Entered: 04/23/2001)	PACER
18	April 24, 2001	ORDER by Judge Ellen S. Huvelle: granting joint motion to withdraw joint motion for preliminary approval of the consent decree and submission filed in support on 4/20/01 (N) (gdf) (Entered: 04/26/2001)	PACER
21	April 25, 2001	JOINT MOTION by plaintiffs and federal defendants for leave to file under seal number of persons permitted to opt out under consent decree (FILED UNDER SEAL IN ROOM 1800) (bjsp) (Entered: 04/27/2001)	PACER
22	April 27, 2001	JOINT MOTION by plaintiffs CHRIS J. CONANAN, WILLITTA G. HAWKINS, and LEONARD GLENN, and federal defendant DONNA TANOUE to extend time to 5/4/01 to file their joint motion for preliminary approval of the consent decree and its attachments (ag) (Entered: 04/30/2001)	PACER
23	April 30, 2001	ORDER by Judge Ellen S. Huvelle: granting joint motion to extend time to 5/4/01 to file their joint motion for preliminary approval of the consent decree and its attachments [22−1] by DONNA TANOUE, LEONARD GLENN, WILLITTA G. HAWKINS, CHRIS J. CONANAN (N) (gdf) (Entered: 04/30/2001)	PACER
24	April 30, 2001	MOTION (UNOPPOSED) filed by federal defendant DONNA TANOUE to extend time to 5/8/01 to respond to motion for intervention (ag) (Entered: 05/03/2001)	PACER
25	May 1, 2001	ORDER by Judge Ellen S. Huvelle : granting motion to extend time to 5/8/01 to respond to motion for intervention [24−1] by DONNA TANOUE (N) (gdf) (Entered: 05/03/2001)	PACER
26	May 2, 2001	MOTION filed by movants JERRY SUSSMAN, and NICHOLAS J. BURGESS for leave to file Memorandum of Law in Supplement to Points and Authorities in Support of Motion of Jerry Sussman and Nicholas J. Burgess for Intervention of Right ; EXHIBIT (MEMORANDUM) (ag) (Entered: 05/03/2001)	PACER
27	May 2, 2001	NOTICE OF FILING by movant JERRY SUSSMAN, movant NICHOLAS J. BURGESS (PRAECIPE) to the Court Re: the filing of a letter ; attachmnet (bjsp) (Entered: 05/08/2001)	PACER
28	May 7, 2001	JOINT MOTION by plaintiff, federal defendant for preliminary approval of the consent decree ; exhibits (8) (tb) (Entered: 05/09/2001)	Clearinghouse
30	May 8, 2001	ORDER by Judge Ellen S. Huvelle: granting motion for oral hearing on motion to intervene [15−1] by NICHOLAS J. BURGESS, JERRY SUSSMAN Motion hearing set for 9:30 a.m. 5/16/01; (N) (gdf) (Entered: 05/09/2001)	PACER
31	May 14, 2001	REPLY by movants JERRY SUSSMAN, and NICHOLAS J. BURGESS to response in opposition to motion for JERRY SUSSMAN, NICHOLAS J. BURGESS to intervene [14−1]; Exhibits (4) (ag) (Entered: 05/15/2001)	PACER
32	May 15, 2001	MEMORANDUM by plaintiffs' addressing the automatic opt−out provision in the parties' proposed settlement agreement. (jf) (Entered: 05/16/2001)	PACER
33	May 16, 2001	ORDER by Judge Ellen S. Huvelle : denying motion for JERRY SUSSMAN, NICHOLAS J. BURGESS to intervene [14−1] (N) (gdf) (Entered: 05/22/2001)	PACER
34	May 16, 2001	ORDER by Judge Ellen S. Huvelle: granting joint motion for preliminary approval of the consent decree [28−1] by DONNA TANOUE, LEONARD GLENN, WILLITTA G. HAWKINS, CHRIS J. CONANAN Fair hearing set for 9:30 a.m. on 11/26/01 and 11/27/01 (N) (gdf) (Entered: 05/22/2001)	PACER
35	May 16, 2001	STIPULATED ORDER by Judge Ellen S. Huvelle: Joint Notice of Substitution of Exhibits to Consent Decree (N) (gdf) (Entered: 05/22/2001)	PACER
38	May 16, 2001	MOTION filed by movant JERRY SUSSMAN, movant NICHOLAS J. BURGESS for leave to file motion to dismiss ; EXHIBIT (MOTION); " Let this be filed" J. HUVELLE (tb) (Entered: 05/22/2001)	PACER
39	May 16, 2001	LETTER RE:interests of class members; "Let this be filed" J. HUVELLE (tb) (Entered: 05/22/2001)	PACER
	May 16, 2001	ORDER by Judge Ellen S. Huvelle denying as moot motion for leave to file motion to dismiss [38−1] by NICHOLAS J. BURGESS, JERRY SUSSMAN (fiat) (N) (tb) (Entered: 05/22/2001)	PACER
	May 16, 2001	STATUS HEARING before Judge Ellen S. Huvelle: denying motion to intervene; denying as moot motion to dismiss; Fairness hearing set for 11/26/01 and 11/27/01 at 9:30 a.m. Reporter: Don Jacobsen, Miller (AM) (gdf) (Entered: 05/22/2001)	PACER
36	May 17, 2001	STATEMENT filed by claimant MARY ELIZABETH BASS , regarding: Opt Out Statement. (tth) (Entered: 05/22/2001)	PACER
37	May 18, 2001	STATEMENT filed by claimant MARIE THOMAS−BURNETT , regarding: Claimant's Opt Out Statement. (tth) (Entered: 05/22/2001)	PACER
41	May 21, 2001	STIPULATED ORDER by Judge Ellen S. Huvelle: Notice of Fairness Hearing (N) (gdf) (Entered: 05/30/2001)	PACER
42	May 21, 2001	STIPULATED ORDER by Judge Ellen S. Huvelle: Notice of Pendency of Class Action and Proposed Consent Decree; attachements(2) (N) (gdf) (Entered: 05/30/2001)	PACER
43	May 22, 2001	STIPULATED ORDER by Judge Ellen S. Huvelle: Joint Notice of Filing of Exhibits in Final Form and Request for Approval of Final Form of Notices (N) (gdf) (Entered: 05/30/2001)	PACER
40	May 24, 2001	NOTICE OF APPEAL by movant JERRY SUSSMAN, movant NICHOLAS J. BURGESS from order [0−0], order [33−1] entered on: May 22, 2001; copies mailed to Jerry Sussman, Nicholas J. Burgess, Avis E. Buchanan, Joseph M. Sellers and Thomas J. Sarisky; Fee paid of $105.00. (jeb) (Entered: 05/25/2001)	PACER
	May 25, 2001	TRANSMITTED PRELIMINARY RECORD on appeal [40−1] by NICHOLAS J. BURGESS, JERRY SUSSMAN to U.S. Court of Appeals (jeb) (Entered: 05/25/2001)	PACER
	May 25, 2001	USCA # 01−5174 assigned for appeal [40−1] by NICHOLAS J. BURGESS, JERRY SUSSMAN (cas) (Entered: 06/01/2001)	PACER
44	May 29, 2001	STATEMENT filed by movant JERRY SUSSMAN, movant NICHOLAS J. BURGESS , regarding: statement of issues to be presented on appeal. (bjsp) (Entered: 06/11/2001)	PACER
45	June 11, 2001	TRANSCRIPT filed for date(s) of 5/16/01. Reporter: Donald J. Jacobsen (Miller Reporting Co.) (bm) (Entered: 06/13/2001)	PACER
46	Aug. 27, 2001	JOINT MOTION by plaintiffs CHRIS J. CONANAN, WILLITTA G. HAWKINS, and LEONARD GLENN, and federal defendant DONNA TANOUE for entry of stipulated protective order ; Attachments (1) (ag) (Entered: 08/28/2001)	PACER
47	Sept. 4, 2001	STIPULATED PROTECTIVE ORDER by Judge Ellen S. Huvelle ; setting forth procedures for handling confidential material; allowing designated material to be filed under seal. (N) (gdf) (Entered: 09/04/2001)	PACER
48	Sept. 5, 2001	JOINT MOTION by plaintiffs CHRIS J. CONANAN, WILLITTA G. HAWKINS, and LEONARD GLENN, and federal defendant DONNA TANOUE to modify the case schedule set forth in its 5/16/01 order ; Exhibits (5) (ag) (Entered: 09/06/2001)	PACER
49	Sept. 7, 2001	ORDER by Judge Ellen S. Huvelle : granting joint motion to modify the case schedule set forth in its 5/16/01 order [48−1] by DONNA TANOUE, LEONARD GLENN, WILLITTA G. HAWKINS, CHRIS J. CONANAN (N) (See order for detail) (gdf) (Entered: 09/11/2001)	PACER
50	Sept. 7, 2001	ORDER by Judge Ellen S. Huvelle: of Fairness Hearing (N) (gdf) (Entered: 09/11/2001)	PACER
51	Sept. 12, 2001	STIPULATED ORDER by Judge Ellen S. Huvelle: joint notice of subsutitution of exhibits (1,3 &5) to joint motion to modify case schedule (N) (gdf) (Entered: 09/14/2001)	PACER
52	Nov. 14, 2001	MOTION filed by plaintiffs CHRIS J. CONANAN, WILLITTA G. HAWKINS, LEONARD GLENN for order approving consent decree and class certification ; Exhibits (19) (nmr) (Entered: 11/16/2001)	PACER
53	Nov. 20, 2001	MOTION filed by plaintiffs CHRIS J. CONANAN, WILLITTA G. HAWKINS, LEONARD GLENN for leave to amend Consent Decree ; EXHIBIT (CONSENT DECREE) (nmr) (Entered: 11/21/2001)	PACER
54	Nov. 21, 2001	ORDER by Judge Ellen S. Huvelle : granting motion for leave to amend Consent Decree [53−1] by LEONARD GLENN, WILLITTA G. HAWKINS, CHRIS J. CONANAN (N) (gdf) (Entered: 11/21/2001)	PACER
55	Nov. 23, 2001	CONSENT DECREE (AMENDED) by plaintiffs CHRIS J. CONANAN, WILLITTA G. HAWKINS, LEONARD GLENN; Attachments (6) (nmr) (Entered: 11/26/2001)	PACER
56	Nov. 26, 2001	ORDER by Judge Ellen S. Huvelle: granting motion for order approving consent decree and class certification [52−1] by LEONARD GLENN, WILLITTA G. HAWKINS, CHRIS J. CONANAN (N) (See order for detail) (gdf) (Entered: 11/26/2001)	Clearinghouse
57	Nov. 26, 2001	RESPONSE by federal defendant DONALD POWELL to the Resolution Trust Corporation Objections (cas) (Entered: 11/28/2001)	PACER
58	Nov. 26, 2001	STATEMENT filed by federal defendant DONALD POWELL , regarding: Dissemination of Settlement Information; exhibits (17) (cas) Modified on 12/14/2001 (Entered: 11/28/2001)	PACER
	Nov. 26, 2001	STATUS HEARING before Judge Ellen S. Huvelle : granted motion for order approving consent decree and class certification [52−1] by LEONARD GLENN, WILLITTA G. HAWKINS, CHRIS J. CONANAN Reporter: Beverly Byrne (gdf) (Entered: 11/26/2001)	PACER
59	Dec. 13, 2001	ATTORNEY APPEARANCE for federal defendant DONALD POWELL by Cathy Anne Costantino (cas) (Entered: 12/14/2001)	PACER
63	Jan. 22, 2002	ORDER by Judge Ellen S. Huvelle: denying as moot motion to compel acceptance of the claim form (N) (gdf) (Entered: 03/22/2002)	PACER
61	Jan. 29, 2002	RESPONSE by plaintiffs to Rosemarie Swan's Motion for Acceptance of One−Day Late Claim Form. (nmr) (Entered: 01/30/2002)	PACER
62	Feb. 13, 2002	CERTIFIED COPY of order filed in USCA dated 10/16/01, on appeal [40−1] , affirming the judgment of USDC . USCA # 01−5174 (bcs) (Entered: 02/14/2002)	PACER
64	Aug. 28, 2002	TRANSCRIPT filed for fairness hearing before Judge Huvelle for date(s) of 11/26/01. Reporter: Beverly J. Byrne (nmr) (Entered: 08/28/2002)	PACER
65	Nov. 27, 2002	MOTION filed by CHRIS J. CONANAN, WILLITTA G. HAWKINS, LEONARD GLENN for approval of Final Distribution of Settlement proceeds pursuant to Consent Decree ; affidavit (1) (mpt) (Entered: 11/29/2002)	PACER
66	Dec. 3, 2002	ORDER by Judge Ellen S. Huvelle: granting motion for approval of Final Distribution of Settlement proceeds pursuant to Consent Decree [65−1] by LEONARD GLENN, WILLITTA G. HAWKINS, CHRIS J. CONANAN (N) (See Order for detail) (gdf) (Entered: 12/04/2002)	PACER
67	April 11, 2003	NOTICE OF WITHDRAWAL of Suzette M. Malveaux for the plaintiffs. (nmr) (Entered: 04/14/2003)	PACER
68	April 30, 2003	NOTICE OF WITHDRAWAL of attorney Suzette M. Malveaux for plaintiffs. (nmr) (Entered: 05/01/2003)	PACER