Case: United States v. City of Austin

1:14-cv-00533 | U.S. District Court for the Western District of Texas

Filed Date: June 9, 2014

Closed Date: 2018

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Case Summary

On June 9, 2014, the United States Department of Justice filed a complaint in the Western District of Texas on behalf of African-American and Hispanic applicants to entry-level firefighter positions against the City of Austin. The plaintiff alleged that since at least 2011, the fire department's practice of requiring applicants to pass an examination in order to be considered for entry-level firefighter positions has had a disparate impact on the hiring of African-Americans and Hispanics, in vi…

Specifically, they alleged that African-American and Hispanic applicants passed the 2012 test at a rate that was statistically significantly lower than white applicants, and that by only selecting the top 1500 candidates to move on to interview stage of the process, the City of Austin increased this disparity. The city also used the scores as a component of an applicant's ranking on the fire department hiring list, leading to African-American and Hispanic individuals being processed for hire at a significantly lower rate than white individuals. They also alleged that a similar testing and ranking process used in 2013 will have a similar disparate impact, that these tests are not essential to the duties of firefighting, and that there are alternative means for screening candidates that would not have a discriminatory impact.

On the same day, the U.S. and the City of Austin offered a joint settlement agreement pending a fairness hearing before the court. The agreement provided that:

1) the city will develop a new nondiscriminatory test for screening applicants but that the city can use parts of its previous tests for filling up to 90 open positions immediately;
2) the city will provide back pay to African-American and Hispanic applicants from 2012 who claim to have passed the work-related parts of the test but not the unrelated parts;
3) the city will make 30 priority appointments of Hispanics and African-Americans (the shortfall of diversity candidates in 2012 due to the discriminatory hiring practices), with retroactive seniority dates; and
4) there will be a fairness hearing to rule on the legality and equitability of the agreement, with any objections from interested parties such as the firefighters' union and those who may claim back pay. The parties also proposed a second fairness hearing for the court to approve or modify any individual relief awards. As proposed, the court will enforce the decree for four years, until the city's back-pay obligations are satisfied, or until the implementation of a new, nondiscriminatory testing procedure; whichever comes later but no more than eight years.

On June 11, 2014, District Judge Lee Yeakel granted the motion for provisional approval of the consent decree and scheduled a fairness hearing on the consent decree.

The Austin Firefighters Association (AFA) filed a motion to intervene in the case but on September 15, 2014, Judge Yeakel denied their motion because at the time of the suit the AFA did not have a current collective bargaining agreement with the city. Furthermore, the AFA failed to show that they had an interest that could not be satisfied by other means, such as collective bargaining and the objection process within the settlement agreement.

On October 18, 2014, Judge Yeakel denied the AFA's motion to reconsider their motion to intervene, at which point the AFA appealed to the Fifth Circuit (docket # 14-51132). In a per curiam opinion, the Fifth Circuit denied the AFA's motions to stay the proceedings in the lower court, and to expedite their appeal.

On October 29, 2014, the first of the fairness hearings was held before Judge Yeakel. On November 7, 2014, Judge Yeakel approved the consent decree. In response to objections, the Court found no basis to conclude that the priority hire and retroactive seniority provisions of the Decree would compromise public safety, or stigmatize or provide an unearned windfall to individuals hired through the priority hire process. Rather, the Court found that those provisions achieved an appropriate balance between providing effective remedial relief under Title VII, and protecting the legitimate interests of the City and its existing firefighters. The parties agreed to pay their own costs of litigation. Following a fairness hearing, Judge Yeakel approved the individual relief of backpay on August 21, 2015.

The consent decree expired on November 7, 2018. The parties had complied with all of the terms of the agreement.

Summary Authors

Benjamin St. Pierre (11/2/2014)

Eva Richardson (12/24/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401241/parties/united-states-v-city-of-austin/

Judge(s)

Attorney for Plaintiff

Abernathy, Terri J (Texas)

Altman, Stephen D (Texas)

Armijo, Rumaldo R (Texas)

AUSA, Jesse M (Texas)

Attorney for Defendant

Ashe, R. Lawrence Jr. (Georgia)

Expert/Monitor/Master/Other

Judge(s)

Yeakel, Earl Leroy III (Texas)

Attorney for Plaintiff

Abernathy, Terri J (Texas)

Altman, Stephen D (Texas)

Armijo, Rumaldo R (Texas)

AUSA, Jesse M (Texas)

Babu, Kavitha J (Texas)

Baka, Gregory (Texas)

Barr, Russell D. (Texas)

Barrett, David K (Texas)

Bartlett, Anastasia D. (Texas)

Beck, Matthew (Texas)

Blake, Trevor St. George (District of Columbia)

Bloom, Shayna (District of Columbia)

Brancart, Elizabeth Noonan (Texas)

Brancart, Christopher (Texas)

Branda, Joyce R (Texas)

Brandon, Susan S. (Texas)

Burke, Matthew (Texas)

Burrell, Meredith (District of Columbia)

Camacho, Renee L (Texas)

Carman, Sean Kevin (Texas)

Carter, Lynn E. (Texas)

Chanoine, Hannah W (Texas)

Clark, Sara Wilder (Texas)

Clayton, Lindsay Laurie (Texas)

Cohen, Richard Edward (Texas)

Coploff, Theodore Reid (Texas)

Coppola, Christopher J. (Texas)

Corcoran, Thomas F (Texas)

Dobson, Casey L. (Texas)

Drake, Daniel R (Texas)

Durham, Jessie Huff (Texas)

Dworkin, Howard Sheldon (Texas)

Edwards, Christine G. (Texas)

Eichenholtz, Seth D. (Texas)

Elkin, Molly A. (Texas)

Epperley, Linda A. (Texas)

Farhadi, Meitra (Texas)

Fisher, Douglas M. (Texas)

Franze-Nakamura, Francis (Texas)

Gale, Alan S (Texas)

Gallagher, Mark A. (Texas)

Given, Emily (Texas)

Goldberg, Arthur R (Texas)

Guthrie, Robert Gay (Texas)

Harrington, Quinn Patrick (Texas)

Harris, Robin E. (Texas)

Hawkins, Frederick A. (Texas)

Hendry, Melanie Dyani (Texas)

Hertz, Michael F (Texas)

Horwitz, Matthew Joseph (Texas)

Houten, Kathryn E (Texas)

Hurtado, Samuel A. (Texas)

Iannarone, Liberatore Joseph (Texas)

Jackson, Toni Michelle (District of Columbia)

Johnson, Kristin Berger (Texas)

Jordan, Aaron O (Texas)

Kaminski, Gerald Francis (Texas)

Kawakami, Kent A (Texas)

Keegan, Ruth Fuess (Texas)

Kennebrew, Delora L. (District of Columbia)

Kern, Charles Douglas (Texas)

Kinner, Russell B (Texas)

Kipnis, Brian C (Texas)

Kneeland, Mishell B. (Texas)

Kotz, Stephen R. (Texas)

Laird, Henry Gray (Texas)

Lawrence, Kathleen O'Malley (Texas)

Lee, John E (Texas)

Leiderman, Joel David (Texas)

Levingston, Luttrell (Texas)

Lloyd, Andralee Cain (Texas)

London, Alice (Texas)

Lucero, Manuel (Texas)

Mark, Carolyn G (Texas)

McElvain, Joel (Texas)

McEvoy, Lauren Mary (Texas)

McFadden, Lane M. (Texas)

Messec, Paige (Texas)

Murphy, Michael D (Texas)

Murray, Jeffrey (Texas)

Mysliwiec, Paul (Texas)

Nathanson, John Alexander (Texas)

Nobile, Diana J. (Texas)

O'Brien, Thomas Peter (Texas)

Office, United States (Texas)

Ong, Marisa A (Texas)

Perez, Alfred Juarez (Texas)

Phillips, Heather (Texas)

Phoenix, Candyce Danielle (District of Columbia)

Ploeger, Don V (Texas)

Polin, Steven G (Texas)

Powell, Kelly (Texas)

Richards, Clark Willis (Texas)

Richards, Daniel R. (Texas)

Riley, Meghan L. (Texas)

Roberts, Darwin P (Texas)

Rose, Andrea Dawn (Texas)

Sacks, Sonya Lagene (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Sanders, Robin Elizabeth (Texas)

Schwab, Mikel W. (Texas)

Seff, Daniel A. (Texas)

Sharinn, Harvey (Texas)

Siegel, Michael John (Texas)

Singh, Shelly (Texas)

Stanford, Jon K (Texas)

Strong, James C. (Texas)

Tait, Monica E (Texas)

Taylor, Brock (Texas)

Tingle, Michal (Texas)

Tynan, Matthew William (Texas)

Waldorf, James J (Texas)

Wiethe, Donetta Donaldson (Texas)

Wilder, Tanya E. (Texas)

Wogaman, Paul J (Texas)

Woods, Thomas M (Texas)

Woods, James C. (Texas)

Zimmerman, Erika M. (Texas)

Attorney for Defendant

Ashe, R. Lawrence Jr. (Georgia)

Barsness, Paul R (Georgia)

Crawford, Bernard Lee Jr. (Texas)

Juliano, L. James (Texas)

Kennard, Karen M (Texas)

Kluznik, John S. (Texas)

Obringer, Timothy R. (Texas)

Orille, Scott J. (Texas)

Rothenberg, Elizabeth Wells (Texas)

Taylor, Hilary S. (Texas)

Other

Deats, B. Craig (Texas)

Janes, Sara E (Texas)

Terrazas, Kevin James (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:14-cv-00533	Docket [PACER] United States of America v. City of Austin	Nov. 1, 2018	Nov. 1, 2018 Docket
1 1:14-cv-00533	Complaint US v. City of Austin	June 9, 2014	June 9, 2014 Complaint
5 1:14-cv-00533	Memorandum of Law in Support of Plaintiff United States' and Defendant City of Austin's Joint motion for Provisional Entry of Consent Decree and Scheduling of Fairness Hearing Unites States v. City of Austin	June 9, 2014	June 9, 2014 Pleading / Motion / Brief
38 1:14-cv-00533	Order Denying Intervenor's Motion to Intervene US v. City of Austin	Sept. 15, 2014	Sept. 15, 2014 Order/Opinion
63 1:14-cv-00533	Findings of Fact, Conclusions of Law, and Final Order Approving Consent Decree	Nov. 7, 2014	Nov. 7, 2014 Order/Opinion
64 1:14-cv-00533	Consent Decree United States of America v. City of Austin	Nov. 7, 2014	Nov. 7, 2014 Settlement Agreement
70 1:14-cv-00533	Appeal of Final Judgment	Dec. 1, 2014	Dec. 1, 2014 Pleading / Motion / Brief
83 1:14-cv-00533	Joint motion [with proposed intervenors] United States v City of Austin	June 5, 2015	June 5, 2015 Pleading / Motion / Brief
84 1:14-cv-00533	Order [granting supplemental relief] United States v City of Austin	June 5, 2015	June 5, 2015 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401241/united-states-v-city-of-austin/

Last updated March 29, 2026, 4:22 a.m.

ECF Number	Date	Description	Link
1	June 9, 2014	COMPLAINT (Filing fee $ 400.), filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Burrell, Meredith) (Entered: 06/09/2014) 1 Civil Cover Sheet View on PACER	RECAP
2	June 9, 2014	REQUEST FOR ISSUANCE OF SUMMONS by United States of America. (Burrell, Meredith) (Main Document 2 replaced on 10/15/2014) (klw). (Entered: 06/09/2014)	RECAP
3	June 9, 2014	Joint MOTION for Leave to Exceed Page Limitation Regarding Memorandum in Support of Joint Motion for Provisional Entry of Consent Decree by United States of America. (Attachments: # 1 Proposed Order, # 2 Exhibit Joint Motion for Provisional Entry of Consent Decree, # 3 Exhibit Memorandum in Support of Motion for Provisional Entry of Consent Decree, # 4 Exhibit 1 to the Memorandum in Support of Provisional Entry of the Consent Decree, # 5 Exhibit 2 to the Memorandum in Support of Provisional Entry of the Consent Decree, # 6 Exhibit 3 to the Memorandum in Support of Provisional Entry of the Consent Decree, # 7 Exhibit 4 to the Memorandum in Support of Provisional Entry of the Consent Decree, # 8 Exhibit 5 to the Memorandum in Support of Provisional Entry of the Consent Decree, # 9 Exhibit Proposed Order Granting Motion for Provisional Entry of the Consent Decree)(Burrell, Meredith) (Entered: 06/09/2014) 1 Proposed Order View on PACER 2 Exhibit Joint Motion for Provisional Entry of Consent Decree View on PACER 3 Exhibit Memorandum in Support of Motion for Provisional Entry of Consent Decree View on PACER 4 Exhibit 1 to the Memorandum in Support of Provisional Entry of the Consent Decre View on PACER 5 Exhibit 2 to the Memorandum in Support of Provisional Entry of the Consent Decre View on PACER 6 Exhibit 3 to the Memorandum in Support of Provisional Entry of the Consent Decre View on PACER 7 Exhibit 4 to the Memorandum in Support of Provisional Entry of the Consent Decre View on PACER 8 Exhibit 5 to the Memorandum in Support of Provisional Entry of the Consent Decre View on PACER 9 Exhibit Proposed Order Granting Motion for Provisional Entry of the Consent Decr View on PACER	RECAP
4	June 9, 2014	JOINT MOTION for Provisional Entry of the Consent Decree and Scheduling of the Fairness Hearing on The Consent Decree by United States of America, City of Austin. (Attachments: # 1 Proposed Order)(td). Added MOTION for Hearing on 6/10/2014 (td). (Entered: 06/10/2014) 1 Proposed Order View on PACER	RECAP
5	June 9, 2014	Memorandum in Support, filed by City of Austin, United States of America, re 4 MOTION for Provisional Entry of the Consent Decree and Scheduling of the Fairness Hearing on The Consent Decree filed by Defendant City of Austin, Plaintiff United States of America (Attachments: #(1) Exhibit 1 to the Memorandum in Support of Provisional Entry of the Consent Decree, #(2) Exhibit 2 to the Memorandum in Support of Provisional Entry of the Consent Decree, #(3) Exhibit 3 to the Memorandum in Support of Provisional Entry of the Consent Decree, #(4) Exhibit 4 to the Memorandum in Support of Provisional Entry of the Consent Decree, #(5) Exhibit 5 to the Memorandum in Support of Provisional Entry of the Consent Decree)(td) (Entered: 06/10/2014) 1 Exhibit 1 to the Memorandum in Support of Provisional Entry of the Consent Decre View on PACER 2 Exhibit 2 to the Memorandum in Support of Provisional Entry of the Consent Decre View on PACER 3 Exhibit 3 to the Memorandum in Support of Provisional Entry of the Consent Decre View on PACER 4 Exhibit 4 to the Memorandum in Support of Provisional Entry of the Consent Decre View on PACER 5 Exhibit 5 to the Memorandum in Support of Provisional Entry of the Consent Decre View on PACER	RECAP
6	June 10, 2014	Summons Issued as to City of Austin. (td) (Entered: 06/10/2014)	RECAP
7	June 10, 2014	Letter/Correspondence to R. Lawrence Ashe, Jr. & Paul R. Barsnass re: non-admission status. (td) (Entered: 06/10/2014)	RECAP
8	June 11, 2014	ORDER GRANTING 3 Motion for Leave to Exceed Page Limits. Signed by Judge Lee Yeakel. (kkc) (Entered: 06/11/2014)	RECAP
9	June 11, 2014	ORDER GRANTING 4 Motion for Provisional Entry of the Consent Decree and Scheduling of the Fairness Hearing on The Consent Decree (Fairness Hearing set for 7/8/2014 at 9:30 AM before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (kkc) (Entered: 06/11/2014)	RECAP
10	June 12, 2014	MOTION to Appear Pro Hac Vice by Bernard Lee Crawford, Jr for R. Lawrence Ashe, Jr. ( Filing fee $ 100 receipt number 0542-6572518) by on behalf of City of Austin. (Attachments: # 1 Proposed Order on Motion for Admission Pro Hac Vice of R. Lawrence Ashe, Jr.)(Crawford, Bernard) (Entered: 06/12/2014) 1 Proposed Order on Motion for Admission Pro Hac Vice of R. Lawrence Ashe, Jr. View on PACER	RECAP
11	June 12, 2014	MOTION to Appear Pro Hac Vice by Bernard Lee Crawford, Jr for Paul R. Barsness ( Filing fee $ 100 receipt number 0542-6573167) by on behalf of City of Austin. (Attachments: # 1 Proposed Order on Motion for Admission Pro Hac Vice of Paul R. Barsness)(Crawford, Bernard) (Entered: 06/12/2014) 1 Proposed Order on Motion for Admission Pro Hac Vice of Paul R. Barsness View on PACER	RECAP
12	June 13, 2014	NOTICE of Non-Opposition by United States of America re 10 MOTION to Appear Pro Hac Vice by Bernard Lee Crawford, Jr for R. Lawrence Ashe, Jr. ( Filing fee $ 100 receipt number 0542-6572518), 11 MOTION to Appear Pro Hac Vice by Bernard Lee Crawford, Jr for Paul R. Barsness ( Filing fee $ 100 receipt number 0542-6573167) (Bloom, Shayna) (Entered: 06/13/2014)	RECAP
13	June 13, 2014	ORDER (Fairness Hearing on the Consent Decree reset for 10/29/2014 at 9:30 AM before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (kkc) (Entered: 06/13/2014)	RECAP
14	June 13, 2014	ORDER GRANTING 10 Motion for R. Lawrence Ashe, Jr. to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 06/13/2014)	RECAP
15	June 13, 2014	ORDER GRANTING 11 Motion for Paul R. Barsness to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 06/13/2014)	RECAP
16	June 13, 2014	MOTION to Join Intervene by International Association of Fire Fighters, Local 975, Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Proposed Order)(Terrazas, Kevin) (Entered: 06/13/2014) 1 Exhibit A View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on PACER 9 Exhibit 8 View on PACER 10 Proposed Order View on PACER	RECAP
17	June 13, 2014	APPENDIX to 16 MOTION to Join Intervene by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Terrazas, Kevin) (Entered: 06/13/2014) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit 14 View on PACER	RECAP
18	June 13, 2014	RULE 7 DISCLOSURE STATEMENT filed by International Association of Fire Fighters, Local 975. (Terrazas, Kevin) (Entered: 06/13/2014)	RECAP
19	June 17, 2014	Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Join Intervene by City of Austin. (Attachments: # 1 Proposed Order Granting Unopposed Motion for Extension of Time to Respond to Motion to Intervene)(Crawford, Bernard) (Entered: 06/17/2014) 1 Proposed Order Granting Unopposed Motion for Extension of Time to Respond to Mot View on PACER	RECAP
20	June 18, 2014	SUMMONS Returned Executed by United States of America. City of Austin served on 6/17/2014, answer due 7/8/2014. (Bloom, Shayna) (Entered: 06/18/2014)	RECAP
21	June 18, 2014	ORDER GRANTING Defendant's Unopposed 19 Motion for Extension of Time to File Response to 16 Motion to Intervene. Deadline is now 06/27/14. Signed by Judge Lee Yeakel. (klw) (Entered: 06/18/2014)	RECAP
22	June 19, 2014	Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Join Intervene by United States of America. (Attachments: # 1 Proposed Order)(Bloom, Shayna) (Entered: 06/19/2014) 1 Proposed Order View on PACER	RECAP
23	June 20, 2014	ORDER GRANTING Plaintiff's Unopposed 22 Motion for Extension of Time to File Response to 16 Motion to Intervene. Signed by Judge Lee Yeakel. (klw) (Entered: 06/20/2014)	RECAP
24	June 24, 2014	Memorandum in Opposition to Motion, filed by United States of America, re 16 MOTION to Join Intervene filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Attachments: # 1 Proposed Order)(Blake, Trevor) (Entered: 06/24/2014) 1 Proposed Order View on PACER	RECAP
25	June 25, 2014	Unopposed MOTION for Extension of Time to File Response/Reply as to 24 Memorandum in Opposition to Motion,, by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. (Attachments: # 1 Proposed Order)(Terrazas, Kevin) (Entered: 06/25/2014) 1 Proposed Order View on PACER	RECAP
26	June 27, 2014	ORDER GRANTING Intervenors' Unopposed 25 Motion for Extension of Time to File Reply to the Response to the 16 Motion to Intervene. Signed by Judge Lee Yeakel. (klw) (Entered: 06/27/2014)	RECAP
27	June 27, 2014	Response in Opposition to Motion, filed by City of Austin, re 16 MOTION to Join Intervene filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Barsness, Paul) (Entered: 06/27/2014) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
28	June 27, 2014	DEFICIENCY NOTICE to Paul R. Barsness: re 27 Response in Opposition to Motion. Pursuant to the Administrative Policies and Procedures, Proposed Orders are Required when a Response to a Motion is filed. DO NOT RE-FILE the entire document. Please, file ONLY the Proposed Order. Use the "ATTACHMENT" event from the menu and LINK the Proposed Order to your Response. In the Docket Text, type "(Proposed Order)". (klw) (Entered: 06/27/2014)	RECAP
29	June 27, 2014	ATTACHMENT Proposed Order to 27 Response in Opposition to Motion,, by City of Austin. (Barsness, Paul) (Entered: 06/27/2014)	RECAP
30	July 3, 2014	ANSWER to 1 Complaint by City of Austin.(Barsness, Paul) (Entered: 07/03/2014)	RECAP
31	July 11, 2014	REPLY to Response to Motion, filed by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart, re 16 MOTION to Join Intervene filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Terrazas, Kevin) (Entered: 07/11/2014)	RECAP
32	July 18, 2014	MOTION for Leave to File Sur-reply Opposing Motion to Intervene by City of Austin. (Attachments: # 1 Proposed Order, # 2 Exhibit Sur-reply Opposing Motion to Intervene)(Barsness, Paul) (Entered: 07/18/2014) 1 Proposed Order View on PACER 2 Exhibit Sur-reply Opposing Motion to Intervene View on PACER	RECAP
33	July 18, 2014	MOTION for Leave to File Surreply Regarding Motion to Intervene by United States of America. (Attachments: # 1 Proposed Filing, # 2 Proposed Order)(Blake, Trevor) (Entered: 07/18/2014) 1 Proposed Filing View on PACER 2 Proposed Order View on PACER	RECAP
34	July 21, 2014	Response in Opposition to Motion, filed by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart, re 33 MOTION for Leave to File Surreply Regarding Motion to Intervene filed by Plaintiff United States of America, 32 MOTION for Leave to File Sur-reply Opposing Motion to Intervene filed by Defendant City of Austin (Attachments: # 1 Proposed Order)(Terrazas, Kevin) (Entered: 07/21/2014) 1 Proposed Order View on PACER	RECAP
35	July 23, 2014	ORDER GRANTING 32 Motion for Leave to File SurReply; GRANTING 33 Motion for Leave to File SurReply. The parties are warned that the court will not consider any further surreplies regarding the motion to intervene. Signed by Judge Lee Yeakel. (kkc) (Entered: 07/23/2014)	RECAP
36	July 23, 2014	SURREPLY in Opposition to Motion, filed by United States of America, re: 16 MOTION to Join Intervene filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson. (kkc) (Entered: 07/23/2014)	RECAP
37	July 23, 2014	SUR-REPLY in Opposition to Motion, filed by City of Austin, re: 16 MOTION to Join Intervene filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson. (kkc) (Entered: 07/23/2014)	RECAP
38	Sept. 15, 2014	ORDER DENYING Intervenors' 16 Motion to Intervene. Signed by Judge Lee Yeakel. (klw) (Entered: 09/15/2014)	RECAP
39	Sept. 17, 2014	Opposed MOTION for Reconsideration re 38 Order on Motion to Join by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order Motion, # 6 Proposed Order Expedited Consideration)(Terrazas, Kevin) (Entered: 09/17/2014) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Proposed Order Motion View on PACER 6 Proposed Order Expedited Consideration View on PACER	RECAP
40	Sept. 19, 2014	RESPONSE to Motion, filed by City of Austin, re 39 Opposed MOTION for Reconsideration re 38 Order on Motion to Join filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Ashe, R.) (Entered: 09/19/2014)	RECAP
41	Sept. 19, 2014	Memorandum in Opposition to Motion, filed by United States of America, re 39 Opposed MOTION for Reconsideration re 38 Order on Motion to Join filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Attachments: # 1 Proposed Order)(Blake, Trevor) (Entered: 09/19/2014) 1 Proposed Order View on PACER	RECAP
42	Sept. 19, 2014	ATTACHMENT Proposed Order to 40 Response to Motion,, by City of Austin. (Ashe, R.) (Entered: 09/19/2014)	RECAP
43	Sept. 22, 2014	REPLY to Response to Motion, filed by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart, re 39 Opposed MOTION for Reconsideration re 38 Order on Motion to Join filed by Intervenor Matthew Rettig, Intervenor Steven Herrera, Intervenor Caroline Bull, Intervenor Andrew Blair, Intervenor Meagan Stewart, Intervenor Andres Arreola, Intervenor William Kana, Intervenor John Edmiston, Intervenor Matthew Martin, Intervenor International Association of Fire Fighters, Local 975, Intervenor Daniel Hatcherson (Terrazas, Kevin) (Entered: 09/22/2014)	RECAP
44	Oct. 8, 2014	ORDER DENYING 39 Motion for Reconsideration re 38 Order on Motion to Join. Signed by Judge Lee Yeakel. (klw) (Entered: 10/08/2014)	RECAP
45	Oct. 8, 2014	Appeal of Order entered by District Judge 44, 38 by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. ( Filing fee $ 505 receipt number 0542-6886152) (Terrazas, Kevin) (Entered: 10/08/2014)	RECAP
46	Oct. 17, 2014	Joint MOTION for Final Approval of the Consent Decree by United States of America. (Attachments: # 1 Proposed Order)(Bloom, Shayna) (Entered: 10/17/2014) 1 Proposed Order View on PACER	RECAP
47	Oct. 17, 2014	Memorandum in Support, filed by United States of America, re 46 Joint MOTION for Final Approval of the Consent Decree filed by Plaintiff United States of America (Attachments: # 1 Appendix A - Keough Declaration, # 2 Appendix B - E-Mailed Notice, # 3 Appendix C - U.S. Mail Notice, # 4 Appendix D - Newspaper Notice, # 5 Appendix E - Crawford Declaration, # 6 Appendix F - Objections Received By Category, # 7 Appendix G - Attending Objectors, # 8 Appendix H - Siskin Supplemental Declaration, # 9 Appendix I - Siskin CV, # 10 Appendix J - Jones Supplemental Declaration, # 11 Appendix K - Paulsen Declaration)(Bloom, Shayna) (Entered: 10/17/2014) 1 Appendix A - Keough Declaration View on PACER 2 Appendix B - E-Mailed Notice View on PACER 3 Appendix C - U.S. Mail Notice View on PACER 4 Appendix D - Newspaper Notice View on PACER 5 Appendix E - Crawford Declaration View on PACER 6 Appendix F - Objections Received By Category View on PACER 7 Appendix G - Attending Objectors View on PACER 8 Appendix H - Siskin Supplemental Declaration View on PACER 9 Appendix I - Siskin CV View on PACER 10 Appendix J - Jones Supplemental Declaration View on PACER 11 Appendix K - Paulsen Declaration View on PACER	RECAP
48	Oct. 17, 2014	APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)	RECAP
49	Oct. 17, 2014	APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)	RECAP
50	Oct. 17, 2014	APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)	RECAP
51	Oct. 17, 2014	APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)	RECAP
52	Oct. 17, 2014	APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)	RECAP
53	Oct. 17, 2014	APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)	RECAP
54	Oct. 17, 2014	APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)	RECAP
55	Oct. 17, 2014	APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)	RECAP
56	Oct. 17, 2014	APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)	RECAP
57	Oct. 17, 2014	APPENDIX to 47 Memorandum in Support of Motion,, by United States of America. (Bloom, Shayna) (Entered: 10/17/2014)	RECAP
58	Oct. 22, 2014	ORDER of USCA re Notice of Appeal - Interlocutory: IT IS ORDERED that appellant's motion for stay pending appeal is DENIED. IT IS FURTHER ORDERED that appellant's motion to expedite the appeal is DENIED. (klw) (Entered: 10/22/2014)	RECAP
59	Oct. 29, 2014	Minute Entry for proceedings held before Judge Lee Yeakel: Fairness Hearing held on 10/29/2014. Objector (Movant's) Demonstrative Exhibits filed. Joint Proposed Consent Decree due 10/29/14 at 5 p.m.; Joint proposed Finding of Facts due 11/05/14; Written Order to follow. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw) (Entered: 10/29/2014)	RECAP
60	Oct. 29, 2014	Movant's Exhibit List for 59 Fairness Hearing.(klw) (Entered: 10/29/2014)	RECAP
61	Oct. 29, 2014	Objector's RESPONSE to 47 Joint Memorandum in Support of Final Approval of Consent Decree and Responses to Objections. (klw) (Entered: 10/29/2014)	RECAP
62	Nov. 5, 2014	(Joint) Proposed Findings of Fact, Conclusions of Law, and Final Order approving Consent Decree re: 46 Joint Motion for Final Approval of the Consent Decree by City of Austin. (Crawford, Bernard) Modified on 11/5/2014 to create link to underlying motion (klw). (Entered: 11/05/2014)	RECAP
63	Nov. 7, 2014	FINDINGS OF FACT, CONCLUSIONS OF LAW and FINAL ORDER APPROVING CONSENT DECREE. Signed by Judge Lee Yeakel. (klw) (Entered: 11/07/2014)	RECAP
64	Nov. 7, 2014	CONSENT DECREE. Signed by Judge Lee Yeakel. (Attachments: # 1 Appendix A-H)(klw) (Entered: 11/07/2014) 1 Appendix A-H View on PACER	RECAP
65	Nov. 12, 2014	MOTION to Stay Case and Request for Expedited Determination by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. (Attachments: # 1 Proposed Order)(Terrazas, Kevin) (Entered: 11/12/2014) 1 Proposed Order View on PACER	RECAP
66	Nov. 14, 2014	NOTICE of Attorney Appearance by Toni Michelle Jackson on behalf of United States of America. Attorney Toni Michelle Jackson added to party United States of America(pty:pla) (Jackson, Toni) (Main Document 66 replaced on 11/14/2014) (klw). (Entered: 11/14/2014)	RECAP
67	Nov. 14, 2014	Response in Opposition to Motion, filed by United States of America, re 65 MOTION to Stay Case and Request for Expedited Determination filed by Movant Matthew Rettig, Movant Steven Herrera, Movant Caroline Bull, Movant Andrew Blair, Movant Meagan Stewart, Movant Andres Arreola, Movant William Kana, Movant John Edmiston, Movant Matthew Martin, Movant International Association of Fire Fighters, Local 975, Movant Daniel Hatcherson (Attachments: # 1 Proposed Order)(Jackson, Toni) (Entered: 11/14/2014) 1 Proposed Order View on PACER	RECAP
68	Nov. 18, 2014	ORDER DENYING Movants' 65 Motion to Stay Consent Decree and Request Expedited Dertermination. Signed by Judge Lee Yeakel. (klw) (Entered: 11/18/2014)	RECAP
69	Nov. 25, 2014	Transcript filed of Proceedings held on October 29, 2014, Proceedings Transcribed: Fairness Hearing. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 12/16/2014, Redacted Transcript Deadline set for 12/26/2014, Release of Transcript Restriction set for 2/23/2015, Appeal Record due by 12/10/2014, (Rodriguez, Arlinda) (Entered: 11/25/2014)	RECAP
70	Dec. 1, 2014	Appeal of Final Judgment 63, 68, 64 by Andres Arreola, Andrew Blair, Caroline Bull, John Edmiston, Daniel Hatcherson, Steven Herrera, International Association of Fire Fighters, Local 975, William Kana, Matthew Martin, Matthew Rettig, Meagan Stewart. ( Filing fee $ 505 receipt number 0542-7019200) (Terrazas, Kevin) (Entered: 12/01/2014)	RECAP
76	May 5, 2015	Extension of Time to File Document	RECAP
77	May 7, 2015	Order on Motion for Extension of Time to File	RECAP
78	May 13, 2015	Miscellaneous Relief	RECAP
79	May 13, 2015	Motion for Leave to File Sealed Document	RECAP
80	May 14, 2015	Order on Motion for Miscellaneous Relief	RECAP
81	May 14, 2015	Order on Motion for Leave to File Sealed Document	RECAP
	May 14, 2015	Set/Reset Hearings
82	May 22, 2015	USCA Judgment/Mandate	RECAP
83	June 5, 2015	Miscellaneous Relief	RECAP
84	June 5, 2015	Order on Motion for Miscellaneous Relief	RECAP
85	July 31, 2015	Notice of Filing	RECAP
86	July 31, 2015	Motion for Leave to File Sealed Document	RECAP
87	Aug. 3, 2015	Order on Motion for Leave to File Sealed Document	RECAP
88	Aug. 11, 2015	Motion for Leave to File Sealed Document	RECAP
89	Aug. 11, 2015	Response	RECAP
90	Aug. 11, 2015	Response	RECAP
91	Aug. 13, 2015	Order on Motion for Leave to File Sealed Document	RECAP
92	Aug. 17, 2015	Withdraw as Attorney	RECAP
93	Aug. 19, 2015	Order on Motion to Withdraw as Attorney	RECAP
94	Aug. 24, 2015	Order	RECAP
95	Aug. 27, 2015	Miscellaneous Hearing	RECAP
96	Sept. 2, 2015	Transcript Filed	RECAP
97	Sept. 18, 2015	Miscellaneous Relief	RECAP
98	Sept. 22, 2015	Extension of Time to File Response/Reply	RECAP
99	Sept. 23, 2015	Order on Motion for Extension of Time to File Response/Reply	RECAP
100	Oct. 2, 2015	Memorandum in Opposition to Motion	RECAP
101	Oct. 26, 2015	Order on Motion for Miscellaneous Relief	RECAP
102	Jan. 6, 2016	Exhibit Letter	RECAP
	Jan. 21, 2016	Exhibits Destroyed
103	Nov. 1, 2018	Advisory to the Court	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 9, 2014

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American and Hispanic applicants for entry-level firefighting positions

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Austin Fire Department

Defendant Type(s):

Fire

Case Details

Causes of Action:

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

Other Dockets:

Western District of Texas 1:14-cv-00533

U.S. Court of Appeals for the Fifth Circuit 14-51132

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

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

Hire

Retroactive Seniority

Utilize objective hiring/promotion criteria

Amount Defendant Pays: $780,000

Order Duration: 2014 - 2018

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Disparate Impact

Hiring

Testing

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Recommended Citation

Case Summary of United States v. City of Austin, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/13057/ (last updated 12/24/2018).