Case: United States v. State of New Jersey

2:10-cv-00091 | U.S. District Court for the District of New Jersey

Filed Date: Jan. 7, 2010

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On January 7, 2010, the United States filed this lawsuit in the U.S. District Court for the District of New Jersey, under Title VII of the Civil Rights Act of 1964, against the State of New Jersey Civil Service Commission. The U.S. claimed that the promotional practices established by the New Jersey Civil Service Commission had an illegal disparate impact on African-American and Hispanic candidates for promotion to the rank of Police Sergeant. The U.S. Department of Justice sought a court order…

On January 7, 2010, the United States filed this lawsuit in the U.S. District Court for the District of New Jersey, under Title VII of the Civil Rights Act of 1964, against the State of New Jersey Civil Service Commission. The U.S. claimed that the promotional practices established by the New Jersey Civil Service Commission had an illegal disparate impact on African-American and Hispanic candidates for promotion to the rank of Police Sergeant. The U.S. Department of Justice sought a court order barring written examinations as a pass/fail screening method for promotion to Police Sergeant, and certification of candidates for promotion to Police Sergeant from eligibility lists in descending-rank order. The U.S. also asked for retrospective remedies including back pay with interest and priority promotion with retroactive seniority to candidates affected by the allegedly discriminatory practices.

The case focused on New Jersey's written multiple-choice examination, which was used as a pass/fail screening mechanism for eligibility for promotion; this testing protocol resulted in a statistically significant gap in the percentage of African-American and Hispanic candidates placed on an eligibility list. The practice of certifying candidates for promotion from the eligibility list in descending-rank order based on exam scores and seniority also resulted in a statistically significant percentage of African-American and Hispanic candidates on the list not being certified for promotion.

On November 22, 2011, the parties agreed to a consent decree that enjoined the New Jersey Civil Service Commission from using the challenged promotion practices as well as any practices that violate Title VII, established settlement funds for awarding back pay, policies for enacting priority promotions, and dates and processes to notify individuals who may be eligible for relief. The consent decree was set to expire on the latest of the following dates: three years from the date of entry, upon fulfillment of the defendants' obligations regarding individual relief, or upon the state's administration of the second police sergeant exam. Each party agreed to pay its own attorneys' fees. On June 12, 2012, the District Court (Judge Katharine S. Hayden) issued an opinion approving the consent decree for final entry. 2012 WL 3265905.

After notifying individuals eligible for relief under the consent decree, proceedings taking objections to the consent decree, and fairness hearings determining individual relief, the parties submitted a relief awards list and all objections to the list.

On May 10, 2013, various parties who objected to the approval of the final relief awards list appealed the decision of the District Court to the United States Court of Appeals for the Third Circuit (Judges Sloviter, Fuentes, and Rother), which upheld the decision of the District Court on June 13, 2013. 522 Fed.Appx. 167. The same parties petitioned the United States Supreme Court for review, but cert was denied. Hamdeh v. United States, 134 S.Ct. 529 (2013). On April 10, 2014, the court (Judge Katharine S. Hayden) issued an opinion approving the final relief award list. 2014 WL 1404642.

Subsequently, the DOJ moved to modify paragraph 67 of the consent decree arguing that in certain jurisdictions, alternating on a one-to-one basis between the two lists might afford some priority promotion candidates greater than make-whole relief because they would receive a promotion before individuals on an SRL who have earlier actual appointment dates. However, on September 30, 2015, the court (Judge Hayden) denied the motion.

By its terms, the consent decree expired in September 2016 after Commission administered two police sergeant examinations. On September 12, 2016, the U.S. filed a motion for extension of the consent decree. Based on unsatisfactory results from the second administration of the exam, the U.S. sought to extend provisions of the consent decree that authorize it to oversee the composition and administration of a third examination.

On June 30, 2017, Judge Hayden denied the U.S.'s motion for extension of the consent decree. The U.S. argued that, based on the unexpected results of the second examination, it hadn't actually had a chance to review New Jersey's police sergeant selection procedure as required by the consent decree, and that therefore a third examination was required. Based on its terms, extending the consent decree requires a showing of good cause. However, Judge Hayden applied a different standard: whether circumstances had sufficiently changed such that the basic purpose of the original consent decree had been thwarted. The Court found that the parties had fulfilled their defined obligations, and that the consent decree would be substantially modified were it revived and the DOJ given an additional measure of authority over the administration of a third examination.

Therefore, the consent decree has expired.

Summary Authors

Claire Lally (10/9/2014)

Jessica Kincaid (4/1/2016)

Eva Richardson (12/30/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5823119/parties/united-states-v-state-of-new-jersey/


Judge(s)
Attorney for Plaintiff

Banaszak, Elizabeth Belle (District of Columbia)

Blake, Trevor St. George (District of Columbia)

Burrell, Meredith (District of Columbia)

Dimsey, Dennis J. (District of Columbia)

Eichhorn, Jennifer L. (District of Columbia)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case

2:10-cv-00091

Docket [PACER]

United States of America v. State of New Jersey

May 22, 2018

May 22, 2018

Docket
1

2:10-cv-00091

Complaint

United States of America v. State of New Jersey and New Jersey Civil Service Commision

Jan. 7, 2010

Jan. 7, 2010

Complaint
38

2:10-cv-00091

Joint Motion for Provisional Entry of Consent Decree and Scheduling of Initial Fairness Hearing (and brief in support, and proposed consent decree)

United States of America v. State of New Jersey and New Jersey Civil Service Commission

Aug. 1, 2011

Aug. 1, 2011

Settlement Agreement
49

2:10-cv-00091

Second Amended Consent Decree

United States of America v. State of New Jersey and New Jersey Civil Service Commision

Nov. 22, 2011

Nov. 22, 2011

Settlement Agreement
71

2:10-cv-00091

Opinion Regarding Second Amended Consent Decree

United States of America v. State of New Jersey and New Jersey Civil Services Commission

June 12, 2012

June 12, 2012

Order/Opinion

2012 WL 3265905

84

12-02964

Opinion of the Court

United States of America v. State of New Jersey and New Jersey Civil Service Commission

U.S. Court of Appeals for the Third Circuit

June 13, 2013

June 13, 2013

Order/Opinion

522 Fed.Appx. 167

89

2:10-cv-00091

Opinion Approving Final Relief Award List

United States of America v. State of New Jersey and New Jersey Civil Service Commission

April 10, 2014

April 10, 2014

Order/Opinion

2014 WL 1404642

96

2:10-cv-00091

Opinion

Sept. 30, 2015

Sept. 30, 2015

Order/Opinion

2015 WL 5770137

122

2:10-cv-00091

Opinion

June 30, 2017

June 30, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5823119/united-states-v-state-of-new-jersey/

Last updated March 25, 2026, 4:58 a.m.

ECF Number Date Description Link
1 Jan. 7, 2010

COMPLAINT against NEW JERSEY CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY (Filing fee $ None Required.) None., filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet)(ld, ) (Entered: 01/11/2010)

1 Civil Cover Sheet

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Clearinghouse
2 Jan. 7, 2010

Request for Summons to be Issued by UNITED STATES OF AMERICA as to NEW JERSEY CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY. (ld, ) (Entered: 01/11/2010)

RECAP
3 Jan. 11, 2010

SUMMONS ISSUED as to NEW JERSEY CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Leroy Dunbar* (ld, ) (Entered: 01/11/2010)

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4 Jan. 12, 2010

NOTICE of Appearance by ESTHER GWEN LANDER on behalf of UNITED STATES OF AMERICA (LANDER, ESTHER) (Entered: 01/12/2010)

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5 Jan. 12, 2010

NOTICE of Appearance by MEREDITH LYNN BURRELL on behalf of UNITED STATES OF AMERICA (BURRELL, MEREDITH) (Entered: 01/12/2010)

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6 Feb. 3, 2010

Request for Extension of Time to ANSWER to Complaint by NEW JERSEY CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY.(RUCH, LISA) (Entered: 02/03/2010)

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7 Feb. 4, 2010

NOTICE of Appearance by ELIZABETH BELLE BANASZAK on behalf of UNITED STATES OF AMERICA (BANASZAK, ELIZABETH) (Entered: 02/04/2010)

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8 Feb. 23, 2010

Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants' Time to Answer.. (Attachments: # 1 Certificate of Service, # 2 Statement, # 3 Certification, # 4 Text of Proposed Order)(RUCH, LISA) (Entered: 02/23/2010)

1 Certificate of Service

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2 Statement

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3 Certification

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4 Text of Proposed Order

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RECAP
9 Feb. 25, 2010

ORDER granting defts., STATE OF NJ & NJ CIVIL SERV. COMM. an extension of time to answer Cmp. until 3/29/10.. Signed by Magistrate Judge Michael A. Shipp on 2/25/10. (DD, ) (Entered: 03/01/2010)

RECAP
March 1, 2010

Update Answer Due Deadline as to defts., STATE OF NJ & NJ CIVIL SERV. COMM. until 3/29/10 (DD, )

10 March 26, 2010

Second MOTION for Extension of Time to File Answer by NEW JERSEY CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY. (Attachments: # 1 Certification, # 2 Certificate of Service, # 3 Statement, # 4 Text of Proposed Order)(RUCH, LISA) (Entered: 03/26/2010)

1 Certification

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2 Certificate of Service

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3 Statement

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4 Text of Proposed Order

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RECAP
11 March 29, 2010

ORDER granting 10 Motion for Extension of Time to Answer. Signed by Magistrate Judge Michael A. Shipp on 3/29/10. (sr, ) (Entered: 03/29/2010)

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March 29, 2010

Set Deadline as to 10 Second MOTION for Extension of Time to File Answer. Motion set for 4/19/2010 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, )

12 April 12, 2010

ANSWER to Complaint by NEW JERSEY CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY. (Attachments: # 1 Certificate of Service)(RUCH, LISA) (Entered: 04/12/2010)

1 Certificate of Service

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13 April 30, 2010

Amended ANSWER to Complaint by NEW JERSEY CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY. (Attachments: # 1 Certificate of Service)(RUCH, LISA) (Entered: 04/30/2010)

1 Certificate of Service

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14 June 23, 2010

SCHEDULING ORDER Setting Scheduling Conference for 8/10/2010 11:00 AM in Newark - Courtroom 2C before Magistrate Judge Michael A. Shipp. Signed by Magistrate Judge Michael A. Shipp on 6/23/10. (NR) (Entered: 06/23/2010)

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15 June 29, 2010

NOTICE of Appearance by VARDA HUSSAIN on behalf of UNITED STATES OF AMERICA (HUSSAIN, VARDA) (Entered: 06/29/2010)

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16 July 28, 2010

NOTICE of Appearance by KEVIN R. JESPERSEN on behalf of NEW JERSEY CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY (JESPERSEN, KEVIN) (Entered: 07/28/2010)

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17 July 29, 2010

Joint Discovery Plan by UNITED STATES OF AMERICA. (Attachments: # 1 Attachment 1 to Joint Discovery Plan)(HUSSAIN, VARDA) (Entered: 07/29/2010)

1 Attachment 1 to Joint Discovery Plan

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18 Aug. 5, 2010

TEXT ORDER - The Scheduling Conference set for August 10, 2010 at 11:00 a.m. has been adjourned until September 8, 2010 at 4:30 p.m. in Newark - Courtroom 2C before the Hon. Michael A. Shipp, U.S.M.J. ORDERED by Magistrate Judge Michael A. Shipp on 8/5/10. (NR ) (Entered: 08/05/2010)

RECAP
Sept. 8, 2010

Minute Entry for proceedings held before Magistrate Judge Michael A. Shipp: Scheduling Conference held on 9/8/2010. Parties to submit scheduling order. (NR )

19 Sept. 15, 2010

Letter from United States Regarding Proposed Scheduling Order. (Attachments: # 1 Text of Proposed Order)(BANASZAK, ELIZABETH) (Entered: 09/15/2010)

1 Text of Proposed Order

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20 Sept. 22, 2010

PRETRIAL SCHEDULING ORDER:In-Person Settlement Conference set for 3/3/2011 11:00 AM before Magistrate Judge Michael A. Shipp. Final Pretrial Conference set for 12/20/2011 11:00 AM before Magistrate Judge Michael A. Shipp. Status ConferenceS set for 2/14/2011 01:00 PM, 6/2/11 10:30 AM, 9/15/11 10:30 AM, Discovery due by 10/14/2011; etc. Signed by Magistrate Judge Michael A. Shipp on 9/22/10. (sr, ) (Entered: 09/23/2010)

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21 Oct. 15, 2010

NOTICE of Appearance by VALERIE LEIGH MEYER on behalf of UNITED STATES OF AMERICA (MEYER, VALERIE) (Entered: 10/15/2010)

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22 Oct. 21, 2010

MOTION to Amend/Correct 20 Scheduling Order, by NEW JERSEY CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY. (Attachments: # 1 Text of Proposed Order)(RUCH, LISA) (Entered: 10/21/2010)

1 Text of Proposed Order

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23 Oct. 25, 2010

Revised Pretrial SCHEDULING ORDER: Settlement Conference set for 3/3/2011 11:00 AM before Magistrate Judge Michael A. Shipp. Telephone Conference set for 2/14/2011 01:00 PM before Magistrate Judge Michael A. Shipp. Final Pretrial Conference set for 12/20/2011 11:00 AM before Magistrate Judge Michael A. Shipp. Amended Pleadings due by 12/13/2010. Fact & expert Discovery due by 11/4/2011. Joinder of Parties due by 12/13/2010. Proposed Pretrial Order due by 12/13/2011. Telephone Conference set for 6/2/2011 10:30 AM before Magistrate Judge Michael A. Shipp. Telephone Conference set for 9/15/2011 10:30 AM before Magistrate Judge Michael A. Shipp.. Signed by Magistrate Judge Michael A. Shipp on 10/25/10. (jd, ) (Entered: 10/28/2010)

RECAP
24 Nov. 5, 2010

AFFIDAVIT/Certification in support of discovery confidentiality order of Lisa D. Ruch by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(HUSSAIN, VARDA) (Entered: 11/05/2010)

1 Text of Proposed Order

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25 Dec. 16, 2010

NOTICE of Appearance by HILARY J. FUNK on behalf of UNITED STATES OF AMERICA (FUNK, HILARY) (Entered: 12/16/2010)

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26 Jan. 4, 2011

PROTECTIVE ORDER fld. Signed by Magistrate Judge Michael A. Shipp on 1/4/11. (sr, ) (Entered: 01/04/2011)

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27 Feb. 9, 2011

Letter from United States and State of New Jersey Regarding Status of Case. (HUSSAIN, VARDA) (Entered: 02/09/2011)

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Feb. 14, 2011

Minute Entry for proceedings held before Magistrate Judge Michael A. Shipp: Status Conference Call held on 2/14/2011. (NR)

28 March 3, 2011

TEXT ORDER - Pursuant to the 3/3/11 settlement conference, there shall be a follow-up in-person settlement conference on 4/4/11 at 2:00 p.m. All counsel with full settlement authority must appear in person. By 3/28/11, both parties shall submit an ex-parte confidential settlement position letter to the Court via facsimile to (973) 645-4412. ORDERED by Magistrate Judge Michael A. Shipp on 3/3/11. (NR ) (Entered: 03/03/2011)

RECAP
March 3, 2011

Minute Entry for proceedings held before Magistrate Judge Michael A. Shipp: Settlement Conference held on 3/3/2011. (NR )

29 March 28, 2011

NOTICE of Appearance by TREVOR ST. GEORGE BLAKE on behalf of UNITED STATES OF AMERICA (BLAKE, TREVOR) (Entered: 03/28/2011)

RECAP
30 April 4, 2011

TEXT ORDER - Pursuant to the in-person settlement conference held on 4/4/11, there shall be a follow-up in person settlement conference on 4/26/11 at 2:00 p.m. By 4/19/11, the parties shall submit updated confidential settlement position letters to the Court via fax (973) 645-4412. ORDERED by Magistrate Judge Michael A. Shipp on 4/4/11. (NR) (Entered: 04/04/2011)

RECAP
April 4, 2011

Minute Entry for proceedings held before Magistrate Judge Michael A. Shipp: Settlement Conference held on 4/4/2011. (NR)

31 April 8, 2011

Letter from United States Requesting Emergency Teleconference. (BANASZAK, ELIZABETH) (Entered: 04/08/2011)

RECAP
32 April 8, 2011

Text Order: The parties' request for an emergency telephone conference (Doc. No. 31) is denied. In the event of a lapse in appropriations, in order to discuss the current scheduling order and any need for extensions.a telephone status conference shall be scheduled once Congress has appropriated funds for the Department.ORDERED by Magistrate Judge Michael A. Shipp on 4/8/11. (NR) (Entered: 04/08/2011)

RECAP
33 April 26, 2011

TEXT ORDER - Pursuant to the 4/26/11 in-person settlement conference, the parties shall meet and confer regarding the settlement of this matter by 4/29/11. Counsel shall e-file a joint status letter to this Court discussing the outcome of the meeting by 5/4/11.ORDERED by Magistrate Judge Michael A. Shipp on 4/26/11. (NR ) (Entered: 04/26/2011)

RECAP
April 26, 2011

Minute Entry for proceedings held before Magistrate Judge Michael A. Shipp: Settlement Conference held on 4/26/2011. (NR )

34 May 11, 2011

TEXT ORDER - A telephone status conference shall be held on 5/19/11 at 3:30 p.m. Counsel for Plaintiff shall initiate the call to (973) 645-3827. ORDERED by Magistrate Judge Michael A. Shipp on 5/11/11. (NR ) (Entered: 05/11/2011)

RECAP
May 19, 2011

Minute Entry for proceedings held before Magistrate Judge Michael A. Shipp: Status Conference Call held on 5/19/2011. (NR )

35 May 20, 2011

Text Order: Pursuant to the 5/19/11 telephone status conference, the parties have indicated that a settlement in principle has been reached. By 7/18/11, the parties shall file a motion for preliminary approval of the settlement agreement and, if necessary or appropriate, shall further e-file a joint status letter setting forth proposed dates for a fairness hearing. ORDERED by Magistrate Judge Michael A. Shipp on 5/20/11. (NR) (Entered: 05/20/2011)

RECAP
36 July 15, 2011

Letter from New Jersey Civil Service Commission. (RUCH, LISA) (Entered: 07/15/2011)

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37 July 18, 2011

ORDER extending time as to the State of New Jersey, et al to finalize motion for preliminary approval of the settlement agreement. Signed by Magistrate Judge Michael A. Shipp on 7/18/11. (sr, ) (Entered: 07/19/2011)

RECAP
38 Aug. 1, 2011

Joint MOTION Provisional Entry of Consent Decree and Scheduling of Initial Fairness Hearing by UNITED STATES OF AMERICA. (Attachments: # 1 Brief of United States in Support of Joint Motion, # 2 Exhibit Consent Decree and Attachments A-K, # 3 Exhibit Declaration of Dr. Bernard R. Siskin, # 4 Exhibit Declaration of Dr. David P. Jones, # 5 Exhibit Deposition Excerpt of D. Hill, # 6 Statement Defendants' Letter Joining in Motion for Provisional Entry of Consent Decree, # 7 Text of Proposed Order Proposed Order)(HUSSAIN, VARDA) (Entered: 08/01/2011)

1 Brief of United States in Support of Joint Motion

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2 Exhibit Consent Decree and Attachments A-K

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3 Exhibit Declaration of Dr. Bernard R. Siskin

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4 Exhibit Declaration of Dr. David P. Jones

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6 Statement Defendants' Letter Joining in Motion for Provisional Entry of Con

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7 Text of Proposed Order Proposed Order

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Clearinghouse
Aug. 2, 2011

Set Deadlines as to 38 Joint MOTION Provisional Entry of Consent Decree and Scheduling of Initial Fairness Hearing. Motion set for 9/6/2011 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (nic, )

39 Aug. 8, 2011

REDACTION to 38 Joint MOTION Provisional Entry of Consent Decree and Scheduling of Initial Fairness Hearing Exhibit Deposition Excerpt of D. Hill by UNITED STATES OF AMERICA. (FUNK, HILARY) (Entered: 08/08/2011)

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40 Aug. 9, 2011

Joint MOTION to Remove the Unredacted Deposition Excerpt of D. Hill from Docket No. 38 by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(FUNK, HILARY) (Entered: 08/09/2011)

1 Text of Proposed Order

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41 Aug. 10, 2011

ORDER that the Clerk's Office shall temporarily maintain the unredacted deposition excerpt of D. Hill (DE#38-5) under seal. The parties' joint motion to remove the unredacted deposition excerpt (DE#40) is administratively terminated, and the parties shall jointly file a formal motion to seal by 8/17/11. Signed by Magistrate Judge Michael A. Shipp on 8/10/11. (sr, ) (Entered: 08/10/2011)

RECAP
42 Aug. 11, 2011

Joint MOTION to Seal the Unredacted Deposition Excerpt of D. Hill Maintained at Docket Entry Number 38-5 by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(FUNK, HILARY) (Entered: 08/11/2011)

1 Text of Proposed Order

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Aug. 12, 2011

Set Deadline as to 42 Joint MOTION to Seal the Unredacted Deposition Excerpt of D. Hill Maintained at Docket Entry Number 38-5. Motion set for 9/6/2011 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, )

43 Aug. 15, 2011

ORDER granting 42 Motion to Seal. Signed by Magistrate Judge Michael A. Shipp on 8/15/11. (sr, ) (Entered: 08/15/2011)

RECAP
44 Sept. 15, 2011

Text Order: There shall be a telephone status conference on 9/30/11 at 10:00 a.m. Counsel for Plaintiff shall initiate the call to 973-645-3827. By 9/23/11, the parties shall e-file a joint status letter to this Court, setting forth proposed dates for the initial fairness hearing and any other issues that require the Court's assistance.ORDERED by Magistrate Judge Michael A. Shipp on 9/15/11. (NR) (Entered: 09/15/2011)

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45 Sept. 15, 2011

ORDER/CONSENT DECREE FLD. Signed by Magistrate Judge Michael A. Shipp on 9/15/11. (sr, ) (Entered: 09/16/2011)

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46 Sept. 23, 2011

Letter from Plaintiff United States and Defendants State of New Jersey and New Jersey Civil Service Commission. (Attachments: # 1 Exhibit 1 Amended Consent Decree, # 2 Exhibit 2 Revised Attachment E, # 3 Exhibit 3 Revised Attachment H, # 4 Exhibit 4 Revised Attachment I, # 5 Exhibit 5 Revised Attachment J)(HUSSAIN, VARDA) (Entered: 09/23/2011)

1 Exhibit 1 Amended Consent Decree

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2 Exhibit 2 Revised Attachment E

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3 Exhibit 3 Revised Attachment H

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4 Exhibit 4 Revised Attachment I

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5 Exhibit 5 Revised Attachment J

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Sept. 30, 2011

Minute Entry for proceedings held before Magistrate Judge Michael A. Shipp: Status Conference Call held on 9/30/2011. (NR )

47 Oct. 20, 2011

Joint MOTION for Settlement /Provisional Entry of First Amended Consent Decree by UNITED STATES OF AMERICA. (Attachments: # 1 First Amended Consent Decree with Attachments A-K, # 2 First Amended Declaration of Bernard R. Siskin, Ph.D.)(HUSSAIN, VARDA) (Entered: 10/20/2011)

1 First Amended Consent Decree with Attachments A-K

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2 First Amended Declaration of Bernard R. Siskin, Ph.D.

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48 Nov. 2, 2011

FIRST AMENDED CONSENT DECREE fld. Signed by Judge Katharine S. Hayden on 11/2/11. (sr, ) (Entered: 11/02/2011)

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49 Nov. 22, 2011

SECOND AMENDED CONSENT DECREE. Signed by Judge Katharine S. Hayden on 11/22/11. (Attachments: # 1 attachment A, # 2 attachment B, # 3 attachment C, # 4 attachment D, # 5 attachment E, # 6 attachment F, # 7 attachment G, # 8 attachment H, # 9 attachment I)(sr, ) (Additional attachment(s) added on 11/22/2011: # 10 attachment J, # 11 attachment K) (dc). (Entered: 11/22/2011)

1 attachment A

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2 attachment B

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3 attachment C

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4 attachment D

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5 attachment E

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6 attachment F

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7 attachment G

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8 attachment H

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9 attachment I

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10 attachment J

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11 attachment K

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Clearinghouse
51 Jan. 30, 2012

Letter/Objection to the entry of the Consent Decree submitted by Scott M. Tesser. (sr, ) (Entered: 02/01/2012)

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53 Jan. 30, 2012

NOTICE/OBJECTION to entry of the Consent Decree submitted by Scott McNulty. (sr, ) (Entered: 02/03/2012)

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54 Jan. 30, 2012

NOTICE/OBJECTION to the entry of the Consent Decree submitted by Todd G. Bourke. (sr, ) (Entered: 02/03/2012)

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55 Jan. 30, 2012

NOTICE/OBJECTION to the entry of the Consent Decree submitted by Francis X. Sprague. (sr, ) (Entered: 02/03/2012)

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50 Feb. 1, 2012

Letter from U.S. Requesting Training. (HUSSAIN, VARDA) (Entered: 02/01/2012)

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52 Feb. 3, 2012

NOTICE by UNITED STATES OF AMERICA of Withdrawal of Appearance of Counsel (THAWLEY, BARBARA) (Entered: 02/03/2012)

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56 Feb. 9, 2012

ANSWER to Complaint, COUNTERCLAIM against NEW JERSEY CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY, UNITED STATES OF AMERICA by Francisco Brito, Edgar Taylor, Anthony DiGiglio, Eza Laypan, Brian Gilligan, Timothy Tabor, Gerard S Erit, Sean C. Reed, Paul Miccinilli, Louis S Pacelli, Ryan Duffy, Daniel E. Condon, Eric M Colondres, Eladio Lugo, Ryan S Curving, Abdelmonim S Hamdeh, Dean Barone, Saleh Judah, Richard Latrecchia, David Tanis, William Niebank, Raymond S Cusack, ANTONIO PISTONE, Brian Morgan, Gary DeStefano, Richard S Botbyl, Jack K. DeSalvo. (Attachments: # 1 Exhibit Movant Certifications)(MURPHY, JOSEPH) (Entered: 02/09/2012)

1 Exhibit Movant Certifications

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57 Feb. 9, 2012

MOTION to Intervene by Dean Barone, Richard S Botbyl, Francisco Brito, Eric M Colondres, Daniel E. Condon, Ryan S Curving, Raymond S Cusack, Jack K. DeSalvo, Gary DeStefano, Anthony DiGiglio, Ryan Duffy, Gerard S Erit, Brian Gilligan, Abdelmonim S Hamdeh, Saleh Judah, Richard Latrecchia, Eza Laypan, Eladio Lugo, Paul Miccinilli, Brian Morgan, William Niebank, ANTONIO PISTONE, Louis S Pacelli, Sean C. Reed, Timothy Tabor, David Tanis, Edgar Taylor. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Brief Brief in Support of Motion to Intervene, # 3 Exhibit Certifications, # 4 Exhibit Paterson, NJ Sergeant's Exam Candidate List 9/22/10, # 5 Statement Cover Letter)(MURPHY, JOSEPH) (Additional attachment(s) added on 2/9/2012: # 6 Exhibit "2", # 7 Exhibit "5") (mn). (Entered: 02/09/2012)

1 Text of Proposed Order Proposed Order

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2 Brief Brief in Support of Motion to Intervene

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3 Exhibit Certifications

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4 Exhibit Paterson, NJ Sergeant's Exam Candidate List 9/22/10

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5 Statement Cover Letter

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6 Exhibit "2"

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7 Exhibit "5"

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RECAP
58 Feb. 9, 2012

MOTION for Discovery by Dean Barone, Richard S Botbyl, Francisco Brito, Eric M Colondres, Daniel E. Condon, Ryan S Curving, Raymond S Cusack, Jack K. DeSalvo, Gary DeStefano, Anthony DiGiglio, Ryan Duffy, Gerard S Erit, Brian Gilligan, Abdelmonim S Hamdeh, Saleh Judah, Richard Latrecchia, Eza Laypan, Eladio Lugo, Paul Miccinilli, Brian Morgan, William Niebank, ANTONIO PISTONE, Louis S Pacelli, Sean C. Reed, Timothy Tabor, David Tanis, Edgar Taylor. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Brief Brief in Support of Motion for Discovery, # 3 Exhibit Intervenor Certification, # 4 Exhibit Report of Dr. Paratore, # 5 Exhibit Holtz Learning Center Course Description, # 6 Statement Cover Letter)(MURPHY, JOSEPH) (Entered: 02/09/2012)

1 Text of Proposed Order Proposed Order

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2 Brief Brief in Support of Motion for Discovery

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3 Exhibit Intervenor Certification

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4 Exhibit Report of Dr. Paratore

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5 Exhibit Holtz Learning Center Course Description

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6 Statement Cover Letter

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RECAP
59 Feb. 9, 2012

MOTION for Preliminary Injunction by Dean Barone, Richard S Botbyl, Francisco Brito, Eric M Colondres, Daniel E. Condon, Ryan S Curving, Raymond S Cusack, Jack K. DeSalvo, Gary DeStefano, Anthony DiGiglio, Ryan Duffy, Gerard S Erit, Brian Gilligan, Abdelmonim S Hamdeh, Saleh Judah, Richard Latrecchia, Eza Laypan, Eladio Lugo, Paul Miccinilli, Brian Morgan, William Niebank, ANTONIO PISTONE, Louis S Pacelli, Sean C. Reed, Timothy Tabor, David Tanis, Edgar Taylor. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Brief Brief in Support of Injunctive Relief, # 3 Exhibit Movant/Intervenor Certifications, # 4 Exhibit Paterson, NJ Sergeant's Exam Candidate List 9/22/10, # 5 Statement Cover Letter)(MURPHY, JOSEPH) (Entered: 02/09/2012)

1 Text of Proposed Order Proposed Order

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2 Brief Brief in Support of Injunctive Relief

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3 Exhibit Movant/Intervenor Certifications

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4 Exhibit Paterson, NJ Sergeant's Exam Candidate List 9/22/10

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5 Statement Cover Letter

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RECAP
Feb. 9, 2012

Set Deadlines as to 58 MOTION for Discovery, 59 MOTION for Preliminary Injunction, 57 MOTION to Intervene. Motion set for 3/5/2012 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, )

60 Feb. 21, 2012

BRIEF in Opposition filed by UNITED STATES OF AMERICA re 58 MOTION for Discovery, 59 MOTION for Preliminary Injunction, 57 MOTION to Intervene (Attachments: # 1 Attachments 1-4)(HUSSAIN, VARDA) (Entered: 02/21/2012)

1 Attachments 1-4

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RECAP
61 Feb. 21, 2012

NOTICE by UNITED STATES OF AMERICA re 60 Brief in Opposition to Motion Certificate of Service (HUSSAIN, VARDA) (Entered: 02/21/2012)

RECAP
62 Feb. 22, 2012

Letter from United States re 60 Brief in Opposition to Motion. (Attachments: # 1 Supplement Corrected Cover Page to U.S.' Brief in Opposition)(FUNK, HILARY) (Entered: 02/22/2012)

1 Supplement Corrected Cover Page to U.S.' Brief in Opposition

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RECAP
63 Feb. 27, 2012

REPLY BRIEF to Opposition to Motion filed by RICHARD BOTBYL, Dean Barone, Francisco Brito, RYAN CURVING, RAYMOND CUSACK, Eric M Colondres, Daniel E. Condon, Jack K. DeSalvo, Gary DeStefano, Anthony DiGiglio, Ryan Duffy, GERARD ERIT, Brian Gilligan, ABDELMONIM HAMDEH, Saleh Judah, Richard Latrecchia, Eza Laypan, Eladio Lugo, Paul Miccinilli, Brian Morgan, William Niebank, LOUIS PACELLI, ANTONIO PISTONE, Sean C. Reed, Timothy Tabor, David Tanis, Edgar Taylor re 58 MOTION for Discovery, 59 MOTION for Preliminary Injunction, 57 MOTION to Intervene (Attachments: # 1 Exhibit Attachment 1 - Certification of Ronald Altmann, # 2 Exhibit Attachment 2 - Email from NJ Civil Service Commission RE: Postponement of Sgt. Exam)(MURPHY, JOSEPH) (Entered: 02/27/2012)

1 Exhibit Attachment 1 - Certification of Ronald Altmann

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2 Exhibit Attachment 2 - Email from NJ Civil Service Commission RE: Postponement o

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RECAP
64 March 1, 2012

Joint MOTION for Settlement /Final Entry of Consent Decree by UNITED STATES OF AMERICA. (Attachments: # 1 Appendix Memorandum in Support of Final Entry, # 2 Appendix Proposed Final Entry Order, # 3 Appendix Categories of Objections, # 4 Appendix List of Objectors, # 5 Appendix Exhs. 1-31, # 6 Exhs. 32-57, # 7 Exhs. 58-79, # 8 Exhs. 80-109, # 9 Exhs. 110-135, # 10 Exhs. 136-159, # 11 Exhs. 160-181, # 12 Exhs. 182-208, # 13 Exhs. 209-231, # 14 Exhs. 232-248, # 15 Exhs. 249-284, # 16 Exh. 285, part 1, # 17 Exh. 285, part 2, # 18 Exh. 285, part 3, # 19 Exhs. 286-324, # 20 Exhs. 325-361, # 21 Exhs. 362-391, # 22 Exhs. 392-417, # 23 Exhs. 418-432, # 24 Exhs. 433-447, # 25 Exhs. 448-469)(HUSSAIN, VARDA) (Entered: 03/01/2012)

1 Appendix Memorandum in Support of Final Entry

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2 Appendix Proposed Final Entry Order

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3 Appendix Categories of Objections

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4 Appendix List of Objectors

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5 Appendix Exhs. 1-31

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6 Exhs. 32-57

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7 Exhs. 58-79

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8 Exhs. 80-109

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9 Exhs. 110-135

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10 Exhs. 136-159

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11 Exhs. 160-181

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12 Exhs. 182-208

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13 Exhs. 209-231

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14 Exhs. 232-248

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15 Exhs. 249-284

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16 Exh. 285, part 1

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17 Exh. 285, part 2

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18 Exh. 285, part 3

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19 Exhs. 286-324

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20 Exhs. 325-361

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21 Exhs. 362-391

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22 Exhs. 392-417

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23 Exhs. 418-432

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24 Exhs. 433-447

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25 Exhs. 448-469

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RECAP
March 2, 2012

Set Deadline as to 64 Joint MOTION for Settlement /Final Entry of Consent Decree. Motion set for 4/2/2012 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, )

March 2, 2012

Reset Deadlines pursuant to consent decree filed on 11/22/11 as to 64 Joint MOTION for Settlement /Final Entry of Consent Decree. Motion with oral argument set for 3/12/2012 at 10:00 AM before Judge Katharine S. Hayden. (rg, )

65 March 8, 2012

MOTION for Extension of Time to File Response/Reply by RICHARD BOTBYL, Dean Barone, Francisco Brito, RYAN CURVING, RAYMOND CUSACK, Eric M Colondres, Daniel E. Condon, Jack K. DeSalvo, Gary DeStefano, Anthony DiGiglio, Ryan Duffy, GERARD ERIT, Brian Gilligan, ABDELMONIM HAMDEH, Saleh Judah, Richard Latrecchia, Eza Laypan, Eladio Lugo, Paul Miccinilli, Brian Morgan, William Niebank, LOUIS PACELLI, ANTONIO PISTONE, Sean C. Reed, Timothy Tabor, David Tanis, Edgar Taylor. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Brief Letter Brief in Support of Motion)(MURPHY, JOSEPH) (Entered: 03/08/2012)

1 Text of Proposed Order Proposed Order

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2 Brief Letter Brief in Support of Motion

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RECAP
66 March 8, 2012

ORDER denying 58 Motion for Discovery; denying 59 Motion for Preliminary Injunction; denying 65 Motion for Extension of Time to File Response/Reply. Signed by Judge Katharine S. Hayden on 3/8/12. (rg, ) (Entered: 03/08/2012)

RECAP
67 March 12, 2012

Minute Entry for proceedings held before Judge Katharine S. Hayden: Motion Hearing held on 3/12/2012 re 57 MOTION to Intervene filed by Brian Morgan, Richard Latrecchia, Dean Barone, Richard S Botbyl, Gary DeStefano, Eric M Colondres, Eladio Lugo, Ryan Duffy, Brian Gilligan, Daniel E. Condon, Eza Laypan, Paul Miccinilli, David Tanis, ANTONIO PISTONE, Sean C. Reed, William Niebank, Jack K. DeSalvo, Timothy Tabor, Anthony DiGiglio, Saleh Judah, Francisco Brito, Edgar Taylor, 64 Joint MOTION for Settlement /Final Entry of Consent Decree filed by UNITED STATES OF AMERICA. Decision reserved. (Court Reporter/Recorder Ralph Florio.) (rg, ) (Entered: 03/13/2012)

RECAP
68 March 23, 2012

Letter from U.S. Plaintiff Re: Objection Form and Exhibit Numbers. (Attachments: # 1 Objection from Kutiak)(LANDER, ESTHER) (Entered: 03/23/2012)

1 Objection from Kutiak

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RECAP
69 May 23, 2012

Transcript of Proceedings held on 3/12/12, before Judge Hayden. Court Reporter/Transcriber Ralph Florio (973-639-1817). Tape Number: Fairness Hearing. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 6/13/2012. Redacted Transcript Deadline set for 6/25/2012. Release of Transcript Restriction set for 8/21/2012. (tjg, ) (Main Document, Corrected Transcript 69 replaced on 7/23/2012) (ma). (Entered: 05/23/2012)

RECAP
70 June 12, 2012

ORDER denying 57 Motion to Intervene. Signed by Judge Katharine S. Hayden on 6/12/12. (rg, ) (Entered: 06/12/2012)

RECAP
71 June 12, 2012

OPINION. Signed by Judge Katharine S. Hayden on 6/12/12. (rg, ) (Entered: 06/12/2012)

Clearinghouse
72 June 12, 2012

ORDER granting 64 Motion for Settlement. Signed by Judge Katharine S. Hayden on 6/12/12. (rg, ) (Entered: 06/12/2012)

RECAP
73 July 10, 2012

NOTICE OF APPEAL as to 70 Order on Motion to Intervene, 72 Order on Motion for Settlement by RICHARD BOTBYL, Dean Barone, Francisco Brito, RYAN CURVING, RAYMOND CUSACK, Eric M Colondres, Daniel E. Condon, Jack K. DeSalvo, Gary DeStefano, Anthony DiGiglio, Ryan Duffy, GERARD ERIT, Brian Gilligan, ABDELMONIM HAMDEH, Saleh Judah, Richard Latrecchia, Eza Laypan, Eladio Lugo, Paul Miccinilli, Brian Morgan, William Niebank, LOUIS PACELLI, ANTONIO PISTONE, Sean C. Reed, Timothy Tabor, David Tanis, Edgar Taylor. Filing fee $ 455, receipt number 0312-4452669. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (MURPHY, JOSEPH) (Entered: 07/10/2012)

RECAP
74 July 17, 2012

Letter. (MURPHY, JOSEPH) (Entered: 07/17/2012)

RECAP
75 July 17, 2012

TRANSCRIPT REQUEST by RICHARD BOTBYL, Dean Barone, Francisco Brito, RYAN CURVING, RAYMOND CUSACK, Eric M Colondres, Daniel E. Condon, Jack K. DeSalvo, Gary DeStefano, Anthony DiGiglio, Ryan Duffy, GERARD ERIT, Brian Gilligan, ABDELMONIM HAMDEH, Saleh Judah, Richard Latrecchia, Eza Laypan, Eladio Lugo, Paul Miccinilli, Brian Morgan, William Niebank, LOUIS PACELLI, ANTONIO PISTONE, Sean C. Reed, Timothy Tabor, David Tanis, Edgar Taylor for proceedings held on March 12, 2012 before Judge Hayden.. (MURPHY, JOSEPH) (Entered: 07/17/2012)

RECAP
July 17, 2012

"Finance Advised" re: application for refund DE#74. (sr, )

76 July 25, 2012

CLERK'S ORDER Refunding Fees to Joseph M. Murphy, Esq. Re: Notice of Appeal. Signed by Theresa Burnett, Chief Deputy Clerk (sr, ) (Entered: 07/25/2012)

RECAP
July 31, 2012

Case reassigned to Magistrate Judge Patty Shwartz. Magistrate Judge M. A. Shipp no longer assigned to the case. (mn, )

77 Sept. 7, 2012

USCA Case Number 12-2964 for 73 Notice of Appeal (USCA), filed by LOUIS PACELLI, Brian Morgan, ABDELMONIM HAMDEH, Richard Latrecchia, Dean Barone, RAYMOND CUSACK, Gary DeStefano, GERARD ERIT, Eric M Colondres, Eladio Lugo, Ryan Duffy, Brian Gilligan, Daniel E. Condon, Eza Laypan, Paul Miccinilli, David Tanis, ANTONIO PISTONE, Sean C. Reed, William Niebank, Jack K. DeSalvo, RICHARD BOTBYL, Timothy Tabor, RYAN CURVING, Anthony DiGiglio, Saleh Judah, Francisco Brito, Edgar Taylor. USCA Case Manager Stephanie/smw (Document Restricted - Court Only) (ca3smw, ) (Entered: 09/07/2012)

RECAP
78 Sept. 28, 2012

NOTICE by UNITED STATES OF AMERICA of Attorney Withdrawal (HUSSAIN, VARDA) (Entered: 09/28/2012)

RECAP
Oct. 17, 2012

In response to the 10/17/12 inquiry - The conferences held on 3/3/11, 4/4/11, and 4/26/11 before the Hon. Michael A. Shipp were not held on the record and therefore no transcripts exist. (NR)

79 Dec. 6, 2012

Joint MOTION for Hearing on Individual Relief by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(FUNK, HILARY) (Entered: 12/06/2012)

1 Text of Proposed Order

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2 Exhibit A

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3 Exhibit B

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RECAP
Dec. 6, 2012

Set Deadline as to 79 Joint MOTION for Hearing on Individual Relief. Motion set for 1/7/2013 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, )

80 Jan. 18, 2013

ORDER granting a fairness hearing on individual relief. Fairness hearing set for 5/8/2013 and 5/9/13 commencing at 9:00 AM. Signed by Judge Katharine S. Hayden on 1/18/13. (rg, ) (Entered: 01/18/2013)

RECAP
81 March 12, 2013

NOTICE/OBJECTION by Keli Mainor-Oatman RE: individual relief entitled under the Consent Decree. (sr, ) (Entered: 03/19/2013)

RECAP
April 11, 2013

Case Reassigned to Magistrate Judge Cathy L. Waldor. Magistrate Judge Patty Shwartz no longer assigned to the case. (aa, )

Case Details

State / Territory:

New Jersey

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 7, 2010

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Federal government

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of New Jersey Civil Service Commission

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Other Dockets:

District of New Jersey 2:10-cv-00091

U.S. Court of Appeals for the Third Circuit 12-02964

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Promotion

Retroactive Seniority

Utilize objective hiring/promotion criteria

Order Duration: 2012 - 2016

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Impact

Promotion

Seniority

Testing

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Recommended Citation