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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG DIVISION
UNITED STATES OF AMERICA, Plaintiff,
v.
THE SHERIFF OF HAMPSHIRE COUNTY; AND THE HAMPSHIRE COUNTY COMMISSION, Defendants.
COMPLAINT
Plaintiff, the United States of America, alleges:
1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq.
2. This Court has jurisdiction of the action under 42 U.S.C. 2000e-5(f) and 28 U.S.C. 1345.
3. Defendant, the Sheriff of Hampshire County, ("Sheriff"), is an elected official in the State of West Virginia. The Defendant Sheriff is sued in his official capacity only.
4. The Sheriff is the chief law enforcement officer of Hampshire County, a political subdivision of the State of West Virginia.
5. The Sheriff has responsibility for the selection of jailers for the Hampshire County jail, and for their hiring and employment, by and with the assent of the Hampshire County Commission.
6. The Sheriff is a "person" within the meaning of 42 U.S.C. 2000e(a) and an employer or agent of an employer within the meaning of 42 U.S.C. 2000e(b).
7. The Defendant Hampshire County Commission ("Commission") is responsible for approving the Sheriffs budget, for paying the Sheriffs employees and for supervising the police affairs of Hampshire County. The Commission is named as a party pursuant to Fed. R. Civ. P. Rule 19(a).
8. The Defendant Sheriff has discriminated against Ernestine Friera in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-2(a), among other ways, by failing and refusing to hire her for a jailer position, a position for which she applied beginning in or about April 1993, because of her sex, female.
9. The Equal Employment Opportunity Commission (EEOC) received a timely charge from Ms. Friera in which she alleged that she had been discriminated against on the basis of her sex by the Hampshire County Sheriffs Department. Pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5, the EEOC investigated the charge and found reasonable cause to believe that discrimination in employment against Ms. Friera on the basis of her sex, in violation of Title VII, had occurred. The EEOC attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charge, and subsequently referred the charge to the Department of Justice.

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10. All conditions precedent to the filing of this suit have been performed or have occurred.
WHEREFORE, Plaintiff prays that the Court grant the following relief:
(a) Declare the Defendant Sheriff to be in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-2(a), for failing and refusing to hire Ernestine Friera as a jailer on the basis of her gender;
(b) Declare that sex is not a bona fide occupational qualification within the meaning of Section 703(e) of Title VII, 42 U.S.C. 2000e-2(e), for any of the jailer positions sought by Ms. Friera at the Hampshire County jail;
(c) Enjoin the Defendant Sheriff from failing or refusing to hire women on the basis of their sex for any jailer position at the Hampshire County Jail unless sex is a bona fide occupational qualification for that position within the meaning of Section 703(e) of Title VII, 42 U.S.C. 2000e-2(e).
(d) Enjoin the Defendant Sheriff and the Defendant Hampshire County Commission, as appropriate, from failing and refusing to provide sufficient equitable relief to make whole the charging party, Ernestine Friera, for the loss she has suffered as a result of the discrimination against her as alleged in this Complaint;
(e) Award compensatory damages to Ernestine Friera as would fully compensate her for injuries caused by the discrimination against her as alleged in this Complaint, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 1981a.
The plaintiff prays for such additional relief as justice may require, together with its costs and disbursements in this action.
///////
///////
JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 1981a.
JANET RENO Attorney General
_____________________________ BILL LANN LEE Acting Assistant Attorney General Civil Rights Division _____________________________ WILLIAM B. FENTON, Bar No. 414990 (DC) CLAIRE L. GREGORY, Bar No. 4063 (NH) Attorneys U.S. Department of Justice Civil Rights Division

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Employment Litigation Section P.O. Box 65968 Washington, D.C. 20035-5968 (202) 307-5769 (phone) (202) 514-1105 (fax)
_______________________________ WILLIAM D. WILMOTH United States Attorney Northern District of West Virginia

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 Hampshire County, West Virginia Decree

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG DIVISION
UNITED STATES OF AMERICA, Plaintiff, vs. C. A. NO. 3:98-CV-84
( BROADWATER)
THE SHERIFF OF HAMPSHIRE COUNTY; AND THE HAMPSHIRE COUNTY COMMISSION Defendants.
AGREEMENT
This action comes before this Court upon the filing of a Complaint by the United States alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (hereinafter "Title VII"). In its Complaint, the United States alleges that the Sheriff of Hampshire County has discriminated against Ms. Ernestine Friera, a charging party before the Equal Employment Opportunity Commission ("EEOC") (charge no. 172931148) by failing and refusing to hire her for a jailer position because of her sex. The Complaint names the Hampshire County Commission as a Fed R. Civ. P. 19(a) defendant. The Defendants deny all allegations of unlawful discrimination.
The parties, being desirous of appropriately settling this action, agree to the jurisdiction of this Court over them and the subject matter of this action, and hereby waive the entry of findings of fact and conclusions of law. The parties, desiring to avoid protracted and unnecessary litigation, also accept this Agreement as final and binding among themselves as to all the issues raised in the Complaint. This Agreement, being entered with the consent of the parties, shall not constitute an admission, adjudication or finding on the merits of this action.
In resolution of this action, the parties hereby AGREE and the Court expressly APPROVES, ENTERS and ORDERS the following:
I. DEFINITIONS
1. "Date of entry of this Agreement" shall mean the date that the Court gives final approval to this Agreement by signing and entering the Agreement as an Order of the Court.
2. "Agreement" shall mean this Agreement and all appendices and attachments thereto.
3. "Defendants" shall mean the Hampshire County Commission ("Commission") and the Sheriff of Hampshire County ("Sheriff"), and all officers, agents, employees, predecessors, successors and all persons in active concert or participation with the Sheriff or the Commission.
II. INDIVIDUAL RELIEF
1. The Defendants shall offer Ernestine Friera the sum of $35,000.00 within ten (10) days of the date of

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entry of this Agreement. The Defendants' offer shall not be construed as an admission of liability.
2. The offer to Ms. Friera shall be made in a certified letter, the contents of which shall be the same as in Appendix A. The offer letter shall inform Ms. Friera of the provisions of this Agreement and advise Ms. Friera that in order to accept the monetary offer, she must return an executed release to counsel for the Defendants within thirty (30) days of receipt of the offer letter. The contents of the release shall be the same as those contained in Appendix B. A copy of this Agreement shall be included with the offer letter.
3. The Defendants shall send a copy of the offer letter and the release to the United States, simultaneously with sending these documents to Ms. Friera. If Ms. Friera accepts the offer, the Defendants shall send a copy of her executed release to the United States, simultaneously with the Defendants' receipt of the document.
4. The Defendants shall pay the sum of $35,000.00 to Ms. Friera, within three weeks of receipt of her executed release. The Defendants shall notify the United States as soon as payment to Ms. Friera has been made. The Defendants shall promptly forward a copy of the canceled check or other appropriate documentation indicating that payment has been received.
III. INJUNCTIVE RELIEF
A. General Prohibitions
1. The Sheriff shall not engage in any act or practice that has the purpose or effect of unlawfully discriminating on the basis of sex against any employee, applicant or potential applicant for employment as a jailer with the Sheriff of Hampshire County.
2. The Sheriff shall not retaliate against or in any respect adversely affect any person because that person has opposed what that person reasonably believed to be discriminatory policies or practices by the Sheriff or because of that person's participation in or cooperation with the initiation, investigation, litigation or administration of this action or this Agreement.
B. Selection Procedures
1. If the Sheriff determines that he needs to hire a jailer for the Hampshire County Jail, on other than a temporary basis of six weeks or less, the Sheriff shall only consider copies of all timely applications which he receives for that position before the cutoff date set by him for receipt of Applications prior to making his selection, and shall provide copies of all of those applications to the United States if one or more females have applied. Applications shall be provided to the following individual:
U.S. Mail
Claire L. Gregory U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, DC 20035-5968 Overnight or express delivery: Claire L. Gregory U.S. Department of Justice

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Civil Rights Division Employment Litigation Section Room 4918 601 D. St., NW Washington, DC 20004 ph: 202-307-5769 fax:202-514-1005
2. The Sheriff shall not hire any individual as a jailer, on other than a temporary basis of six weeks or less, for at least two (2) days following receipt of all of the applications by the United States. If any of the applicants is female, the United States shall have the right, during that two (2) day time period, to contact the Sheriff and present its views regarding the relative qualifications of the candidates.
3. Nothing contained herein shall be construed so as to limit or restrict the right of the Sheriff to hire any individual he chooses for the position of jailer as soon as he wishes following the two (2) day review period, nor shall anything be construed so as to obligate the Sheriff to hire unnecessary personnel or persons who are not qualified by valid qualification standards for the position of jailer.
4. Nothing contained herein shall be construed to limit or restrict the right of the United States to contend within the life of this Agreement that any jailer was hired in violation of this Agreement.
5. Nothing contained herein precludes or prevents the Sheriff, at his discretion and without delays, from temporarily filling a vacancy by reassignments or the hiring of a temporary employee or contractor as long as the action is not a subterfuge for evading the Sheriff's obligations under this Agreement and so long as the period of hire is no longer than six weeks.
IV. COMPLIANCE
1. If a dispute arises concerning compliance by the Defendants or either of them with any provision of this Agreement or if the parties deem it advisable for any other reason, the parties shall engage in good faith efforts to resolve the issue before seeking action by the Court. If the parties are unable expeditiously to resolve the issue, any party may move the court for resolution, provided that written notice is first provided to the other parties.
2. With respect to the obligations of the United States to monitor and to enforce compliance with this Agreement, the United States may, without further order of the Court, conduct all necessary investigations, including interviews of the Sheriff and his employees. The Defendants agree to cooperate in any investigation by the United States, and the United States agrees to inform the Defendants of the results of that investigation on an ongoing basis. The United States agrees to conduct any investigation in good faith so as to not unreasonably or unnecessarily impose upon the time and resources of the Sheriff's Department or interfere with the legitimate operations of the Sheriff's Department.
3. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof shall not be construed as a waiver of its right to do so.
V. PARTIES OBLIGATION TO DEFEND AGREEMENT
1. In the event this Agreement is challenged, the Defendants and the United States shall fully defend its lawfulness. If any such collateral challenge arises in State court, the Defendants shall promptly seek to remove such action to this Court.

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VI. ATTORNEYS' FEES AND RELATED COSTS
1. The parties shall bear their own costs and expenses, including attorneys' fees, in this action.
VII. JURISDICTION OF THE COURT
1. This Court shall retain jurisdiction of the matters covered by this Agreement, for such action as may be necessary or appropriate to effectuate the purposes of the Agreement, until such time as this Court is notified by the parties that the Sheriff has ceased to hire jailers or two years from the date this Order is entered, whichever is sooner.
2. The United States agrees not to withhold its consent to notify the Court that the Sheriff has ceased to hire jailers upon being so notified by the Sheriff.
3. Upon notification by the Parties that the Sheriff has ceased to hire jailers or two years from the date this Order is entered, whichever is sooner, the Court will enter a final Order dismissing the case with prejudice, each Party to bear his, her or its own costs and expenses, and ending the Court's jurisdiction over this matter except as may be necessary to enter relief from judgment as set out in Rule 60 of the Federal Rules of Civil Procedure.
DONE AND ORDERED this ___ day of September, 1999.
W. Craig Broadwater United States District Judge Northern District of West Virginia
Agreed and Consented To: On behalf of the Plaintiff United States of America BILL LANN LEE Acting Assistant Attorney General Responsible local attorney: Helen Altmeyer, AUSA Office of the United States Attorney Northern District of West Virginia Horne Building, Suite 200 1100 Main Street, Box 591 Wheeling, WV 26003 (304) 234-0100 (phone) (304) 234-0112 (fax)
William B. Fenton Claire L. Gregory (pro hac vice) Michael W. Johnson (pro hac vice) Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968

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Washington, DC 20035-5968 (202) 307-5769 (phone) (202) 514-1105 (fax)
On behalf of the Defendants The Sheriff of Hampshire County and The Hampshire County Commission
Glenn P. Hare, Esquire Steptoe & Johnson 126 East Burke Street P.O. Box 2629 Martinsburg, WV 25401 (304) 262-3534 (phone) (304) 262-3541 (fax)
September __, 1999
(304) 263-6991
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Ernestine Friera 167 Grafton Street Romney, WV 26757
Re: Friera v. Sheriff of Hampshire County, et al.
EEOC Charge No. 172931148
Dear Ms. Friera:
The United States and the Sheriff of Hampshire County and the Hampshire County Commission ("Defendants") have entered into an agreement settling the case of United States v. Sheriff of Hampshire County, et al., Civil Action No. 3:98 CV 84 (N.D.W.Va.). A copy of the agreement, which was approved and entered by the Court on , is enclosed.
Pursuant to the agreement, the Defendants are offering you a monetary amount of thirty-five thousand dollars ($35,000.00), in full resolution of this matter. You should be aware that all or a portion of this amount may be subject to federal, state or local income tax, for which you would be responsible.
In order to accept the Defendants' offer, you must execute the enclosed release and return it to the Defendants within thirty (30) days of your receipt of this letter. You may return the release by mail or in person to:
Glenn P. Hare, Esquire Steptoe & Johnson

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126 East Burke Street P.O. Box 2629 Martinsburg, WV 25401
The Defendants will pay the sum of thirty-five thousand dollars ($35,000.00) to you, as soon as possible and within the three (3) weeks of receipt of your executed release.
If you accept the relief being offered you by the Defendants pursuant to the agreement, and signify your acceptance by executing the enclosed release, you will thereby agree not to intervene in the abovereferenced suit filed by the United States on EEOC charge no. 172931148 or yourself to file suit on that charge.
If you decline the relief offered by the Defendants, they will nevertheless have satisfied their obligation to the United States pursuant to the agreement and the United States will not seek additional relief on your behalf.
If you have any questions concerning the agreement or the Defendants' offer to you, you may contact the following attorney at the U.S. Department of Justice:
Claire L. Gregory U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, DC 20035 (202) 307-5769
Sincerely yours,
STEPTOE & JOHNSON
By: Glenn P. Hare
GPH: alg
Enclosures
004600/99017
RELEASE OF ALL CLAIMS
For and in consideration of the acceptance of the $35,000 offered to me by the Sheriff of Hampshire County and the Hampshire County Commission (Defendants), pursuant to the provisions of the agreement entered by the Honorable W. Craig Broadwater, United States District Judge, on . In United States v. Sheriff of Hampshire County, et al., Civil Action No. 3:98 CV 84 (N.D.W.Va.): I, Ernestine Friera, release and discharge the Sheriff of Hampshire County and the Hampshire County Commission, and all current, former and future agents, employees, officials, designees, and predecessors and successors in interest of the Sheriff of Hampshire County and the Hampshire County Commission, and their agents, sureties and insurers from all legal and equitable claims, arising out of the Complaint filed in that case and EEOC charge no. 172931148, which accrued prior to the date of this release, including

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but not limited to compensatory, consequential and punitive damages, costs and expenses, attorney's fees, interests, injunctive relief and job placement. I am solely responsible for all taxes due. I further agree that I will not institute a civil action or seek to intervene against the Defendants in any pending civil action alleging employment discrimination on the basis of EEOC charge no. 172931148 or any of the facts alleged therein.
I understand that the payment to be made to me does not constitute an admission by the Defendants of the validity of any claim raised by me or on my behalf.
This release constitutes the entire agreement between the Defendants and myself, without exception or exclusion.
I acknowledge that a copy of the agreement in this action has been made available to me and that I have reviewed that document.
I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.
Signed this day of , 1999.
Ernestine Friera Social Security No.
Subscribed and sworn to before me this day of , 1999.
Notary Public My commission expires:_____________________

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 U.S. District Court Northern District of West Virginia [Live] (Martinsburg)
CIVIL DOCKET FOR CASE #: 3:98-cv-00084-WCB

CLOSED

United States v. Sheriff of Hampshire, et al Assigned to: District Judge W. Craig Broadwater Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 12/11/1998 Date Terminated: 10/05/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States United States of America

represented by Claire L. Gregory US Dept of Justice Civil Rights Division PO Box 65968 Washington, DC 20035-5968 202/307-5769 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Helen Campbell Altmeyer U.S. Attorney's Office - Whg PO Box 591 Wheeling, WV 26003 304/234-0100 Fax: 304-234-0112 Email: helen.altmeyer@usdoj.gov TERMINATED: 03/12/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Johnson US Department of Justice Employee Litigation Section PO Box 65968 Washington, DC 20035-5968 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant Sheriff of Hampshire Sheriff of Hampshire County
Defendant Hampshire County Hampshire County Commission

represented by Glenn P. Hare Steptoe & Johnson, PLLC Martinsburg PO Box 2629 Martinsburg, WV 25402-2629 304-262-3534 Fax: 304-262-3541 Email: haregp@steptoe-johnson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Glenn P. Hare (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/11/1998 01/20/1999 01/20/1999 02/01/1999 02/05/1999
02/26/1999 03/12/1999

#

Docket Text

1 COMPLAINT filed; FILING FEE $0. (Copy to Judge Broadwater) (sds) (Entered: 12/15/1998)

2 SUMMONS Returned Executed as to Hampshire County 1/13/99. Answer due on 2/2/99 for Hampshire County. (c. to 2410) (sds) (Entered: 01/20/1999)

3 SUMMONS Returned Executed as to Sheriff of Hampshire 1/13/99. Answer due on 2/2/99 for Sheriff of Hampshire. (c. to 2410) (sds) (Entered: 01/20/1999)

4 ANSWER to Complaint by Sheriff of Hampshire, Hampshire County. (Attorney Glenn P. Hare), (Copy to Judge Broadwater) (sds) (Entered: 02/02/1999)

5 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: Initial Planning Meeting by 3/4/99; Meeting Report and Proposed Disc Plan by 3/19/99; Scheduling Conference set for 10:30am on 4/19/99; Initial Discovery Disclosures by 4/5/99. (signed by Judge W. Craig Broadwater) (Copies all counsel, with scheduling checklist) (sds) (Entered: 02/05/1999)

6 REPORT OF PARTIES PLANNING MEETING. (Copy to Judge Broadwater) (sds) (Entered: 02/26/1999)

7 NOTICE of attorney appearance for United States by Claire L. Gregory. (c. to 2410) (sds) (Entered: 03/12/1999)

04/05/1999 04/06/1999 04/19/1999 05/14/1999
06/07/1999 07/07/1999 07/12/1999 07/12/1999 07/12/1999 07/16/1999 07/16/1999

8 CERTIFICATE OF SERVICE of Federal Rule of Civil Procedure 26(a) Disclosure by United States on 3/31/99. (c. to 2410) (sds) (Entered: 04/05/1999)
9 CERTIFICATE OF SERVICE of Dft's Initial Discovery Disclosures by Sheriff of Hampshire, Hampshire County Commission on 4/5/99. (c. to 2410) (sds) (Entered: 04/06/1999)
Scheduling conference held by telephone on 4/19/99 before Hon. W. Craig Broadwater. (sds) (Entered: 04/19/1999)
10 SCHEDULING ORDER setting Joining of parties, Intermediate Pretrial Conference 9/7/99 at 1:30pm; Mediation 6/1/99; amending of pleadings on 5/3/99; Expert Disclosure: a) with burden 7/1/99, b) without burden 7/26/99; Examination/Inspection Deadline 8/2/99; Deadline for filing of all motions 9/15/99, a)responses by 9/29/99, b)replies by 10/6/99; Discovery cutoff 9/7/99; Fed.R.26(a)(3) Disclosures by 10/18/99, a)Objections 11/1/99; Voir Dire, Jury Instructions, and Verdict Form 10/18/99, a)objections by 11/1/99; Motions in Limine: 10/18/99, a)responses by 11/1/99; Pretrial conference for 3:00pm on 11/15/99; Proposed Pretrial order to be submitted by 11/10/99; Final Settlement Conference at 3:00pm on 11/15/99; Jury Trial on 8:30am on 12/13/99, 12/14/99, 12/15/99, 12/16/99. (signed by Judge W. Craig Broadwater) (c. to 2410, counsel of record) (sds) (Entered: 05/14/1999)
11 CERTIFICATE OF SERVICE of Plas. Request for Production of Documents by United States on 6/2/99. (c. to 2410) (sds) (Entered: 06/07/1999)
12 CERTIFICATE OF SERVICE of Dfts. Response to Plas. Request for Production of Documents by Sheriff of Hampshire, Hampshire County on 7/6/99. (c. to 2410) (sds) (Entered: 07/07/1999)
13 CERTIFICATE OF SERVICE of US Federal Rule of Civil Procedure 26(a)(2) Disclosure by United States on 7/1/99. (c. to 2410) (sds) (Entered: 07/14/1999)
Application for Admission Pro Hac Vice for atty. for pla. US, Claire L. Gregory. (orig. to 2410) (sds) (Entered: 07/14/1999)
Application for Admission Pro Hac Vice, Atty. for pla. USA, attorney, Michael W. Johnson. (org. to 2410) (sds) (Entered: 07/14/1999)
14 ORDER granting [0-0] remark, Application for Admission Pro Hac Vice, atty. Michael W. Johnson. (signed by Judge W. Craig Broadwater) (c. to counsel of record) (sds) (Entered: 07/19/1999)
15 Appilaction for admission Pro Hac Vice (Claire L. Gregory) Approved

07/20/1999 07/23/1999 07/27/1999
07/27/1999 07/27/1999 08/04/1999 08/05/1999 08/05/1999 08/09/1999 08/09/1999 08/09/1999 08/09/1999 08/25/1999

signed by Judge Broadwater. (c to 2410, counsel) (fce) Modified on 07/19/1999 (Entered: 07/19/1999)
16 ORDER granting [0-0] remark/Application for Admission Pro Hac Vice for Claire L. Gregory. (signed by Judge W. Craig Broadwater) (c. to 2410, counsel of record) (sds) (Entered: 07/20/1999)
17 MOTION by plaintiff United States to Release Responsible Local Atty. from attendance at Non-Judicial Proceedings . (copy to Judge Broadwater with proposed Order) (sds) (Entered: 07/23/1999)
18 ORDER granting [17-1] motion to Release Responsible Local Atty. (Helen Altmeyer) from attendance at Non-Judicial Proceedings. (signed by Judge W. Craig Broadwater) (c. to 2410, counsel of record) (sds) (Entered: 07/27/1999)
19 MOTION by defendant Sheriff of Hampshire, defendant Hampshire County to Extend Time to designate experts . (copy to Judge Broadwater with proposed Order) (sds) (Entered: 07/27/1999)
20 ORDER granting [19-1] motion to Extend Time to designate experts, (14 days). (signed by Judge W. Craig Broadwater) (c. to 2410, counsel of record) (sds) (Entered: 07/27/1999)
21 MOTION by plaintiff United States to Extend Time for filing motion to comple . (copy to Judge Broadwater with proposed Order) (sds) (Entered: 08/04/1999)
22 ORDER granting [21-1] motion to Extend Time for filing motion to compel. (signed by Judge W. Craig Broadwater) (c. to 2410) (sds) (Entered: 08/05/1999)
23 CERTIFICATE OF SERVICE of Dft. Interrogatories to Pla. and Requests for Production of Documents to pla. by Hampshire County on 8/4/99. (c. to 2410) (sds) (Entered: 08/05/1999)
24 CERTIFICATE OF SERVICE of request for entry upon property by United States on 8/5/99. (c to 2410) (fce) (Entered: 08/09/1999)
25 CERTIFICATE OF SERVICE of first request for admission by United States on 8/5/99. (c to 2410) (fce) (Entered: 08/09/1999)
26 CERTIFICATE OF SERVICE of first set interrogatories by United States on 8/5/99. (c to 2410) (fce) (Entered: 08/09/1999)
27 CERTIFICATE OF SERVICE of request of documents by United States on 8/5/99. (c to 2410) (fce) (Entered: 08/09/1999)
28 JOINT MOTION by plaintiff United States, defendant Sheriff of Hampshire, defendant Hampshire County to Extend Time to mediate .

08/31/1999 09/07/1999 09/07/1999 09/07/1999 09/08/1999 09/08/1999
09/30/1999 09/30/1999 09/30/1999 09/30/1999 09/30/1999

(c. to Judge Broadwater with proposed Order) (sds) Modified on 08/26/1999 (Entered: 08/26/1999)
29 ORDER granting [28-1] motion to Extend Time to mediate, and resetting (mediation) Settlement Conference Deadline for 9/16/99 . (signed by Judge W. Craig Broadwater) (c. to 2410, counsel of record) (sds) (Entered: 08/31/1999)
Intermediate pre-trial conference held. (fce) (Entered: 09/07/1999)
30 CERTIFICATE OF SERVICE of Response to Dft. Hampshire County Commission's Interrogatories Cert. of service by United States on 9/3/99. (c. to 2410) (sds) (Entered: 09/08/1999)
31 CERTIFICATE OF SERVICE of Response to dft. request for production of documents certificate of service by United States on 9/3/99. (c. to 2410) (sds) (Entered: 09/08/1999)
32 CERTIFICATE OF SERVICE of Response to Discovery Request by Sheriff of Hampshire, Hampshire County on 9/7/99. (c. to 2410) (sds) (Entered: 09/08/1999)
33 ORDER granting [19-1] motion to Extend Time to designate experts, and resetting Expert Witness List deadline to 9/22/99 , and resetting dispositive Motion Filing deadline to 10/6/99 , and Response to Motion by 10/20/99 , and Reply to Response to Motion by 10/27/99 , and setting Jury Selection for 12/13/99 thru. 12/17/99 at 8:30 and setting Jury Trial for 8:30 12/13/99 thru 12/17/99 . (signed by Judge W. Craig Broadwater) (c. to 2410, counsel of record) (sds) (Entered: 09/08/1999)
34 ORDERED that letter from United States be filed and to be made part of the record. signed by Judge W. Craig Broadwater) (c. to 2410) (sds) (Entered: 10/01/1999)
35 ORDERED that letter from United States be filed and to be made part of the record. signed by Judge W. Craig Broadwater) (sds) (Entered: 10/01/1999)
36 MOTION by plaintiff United States, defendant Sheriff of Hampshire, defendant Hampshire County for Leave to File Settlement Agreement . (copy to Judge Broadwater) (sds) (Entered: 10/01/1999)
37 ORDER granting [36-1] motion for Leave to File Settlement Agreement. (signed by Judge W. Craig Broadwater) (c. to 2410, counsel of record) (sds) (Entered: 10/01/1999)
38 ORDER, filing Settlement Agreement pursuant to dkt. 37 . (signed by Judge W. Craig Broadwater) (c. to 2410, counsel of record) (sds) (Entered: 10/01/1999)

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10/06/1999 02/16/2000

39 ORDER, to Dismiss case from court's active docket . (signed by Judge W. Craig Broadwater) (c. to 2410, counsel of record) (sds) (Entered: 10/05/1999)
Case closed; MSF: 99/153. (sds) (Entered: 10/05/1999)
Received proposed settlement agreement. (orig. to 2410) (fce) (Entered: 10/06/1999)
40 JOINT MOTION by United States, Sheriff of Hampshire, Hampshire County for entry of settlement agreement , with proposed order. (c to 2410 with orig. proposed order) (fce) (Entered: 10/06/1999)
Case closed; S.F.: 99/178. (sds) (Entered: 11/19/1999)
41 SECOND ORDER granting [40-1] joint motion for entry of settlement agreement. (signed by Judge W. Craig Broadwater) (c. to 2410, counsel of record) (sds) (Entered: 02/16/2000)