SEP 29 2004 15:J2 FR

TO S1202::,141Ul:J~

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S.'.'·:'Si'" IN THE UNITED STATES DISTRlCTCOURT

FILED

FOR THE DISTRlCT OF NEW MEXICO J:ic-:T,"':

ALBUQUERQUE DIVISION

04 S[P 29 PH 3,06

)

UNITED STATES OF AMERlCA,

)

)

Plaintiff,

)

)

v.

)

)

CITY OF GALLUP.

)

)

Defendant.

)

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Civil Action No.
CIV-04-1108

WDS RlP

COMPLAINT

Plaintiff, United States of America, alleges:

I. This action is brought on behalf of the United States to enforce the provisions of Title VlI oflhe Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e, et~. ("Title VII").

2. This Court has jurisdiction over the action under 42 V.S.c. § 2000e-6, 28 U.S,c. § 1343

and 28 U.S.c. § 1345.

3. The defendant City of Gallup ("City") is a corporate, govenunental body and a political

subdivision of the State of New Mexico, established pursuant to the laws of the State of New

Mexico.

4.

The defendant City is a person within the meaning of 42 USc. § 2000e (a), and an

employer within the meaning of 42 V.S.c. § 20DOe (b).

5. Upon information and belief. and based upon figures provided by the City for the period

June 1999 to June 2002, there exists a statistically significant shortfall between the percentage of

American Indians who applied for entry level positions with the City (including positions in the

P.03

Police Department, Fire Department, Solid Waste Department and Utilities Department) and the percentage of AmLTICan Indians who were hired by the City. 6. The defendant City has utilized recruitment and hiring procedures that have had the purpose and effect of excluding qualified American fudian applicants fTom the City's workforce, including the CHy's Police, Fire, Solid Waste and Utilities Departments.
7. The defendant City of Gallup has implemented its discriminatory recruitment and hiring procedures, among other ways, by:
(a) Failing or refusing to recruit and hire American Indians on the same basis as whites and Hispanics; and
(b) Failing or refusing to take appropriate action to correct the present effects of the discriminatory policies and practices.
8. The acts and practices of the defendant described in paragraphs 6 and 7, above. constitute a pattern or practice of intentional resistance to the full enjoyment of the rights of American Indians to equal employment opportmlities with the City of Gallup without discrimination based on race.
These acts and practices are of such a nature and are intended to de.ny the fun exercise of rights secured by Title va of the Civil Rights Act of 1964, as amended.
9. The Department ofJustice has investigated the City's employment practices. The United States has notified the defendant of this investigation, has advised the defendant of the results of the investigation and of the discriminatory policies and practices and their effects, as described in this Complaint, and has attempted to eliminate these practices through negotiation and settlement 10. All conditions precedent to the filing of suit have been performed or have occurred.

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SEP 29 2004 \5:33 FR
11. Unless restrained by an order of this Court, the defendant will continue to pursue policies
or practices that arc the same or similar to those alleged in this Complaint and will not take
adequate steps to redress the discriminatory effects of those policies and practices. 12. WHEREFORE, plaintiff United States prays that this Court grant the following relief:
(3) Enjoin the defendant City of Gallup from failing and refusing to: 1. Recruit and hire qualified American Indians on the same basis as whites and Hispanics; and 2. Take other appropriate nondiscriminatory measures to overcome the effects of its discriminatory hiring practices; and
(b) Make relief available to qualified American Indians who Were discriminatorily denied employment opportunities with the City due to their race, including, as appropriate, offers of backpay and employment with remedial seniority. The plaintiff prays for such additional relief as justice may require, together with its costs and disbursements in this action.
R. ALEXANDER ACOSTA Assistant Attorney General Civil Rights Division
DAvm J. PALMER
Chief, Employment Litigation Section

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SEP 29 2004 16:34 FR
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WILLIAM B. FENTON KATHLEENT. TOOMEY SONYA A. RAO Attorneys United States Department of Justice
Civil Rights Division
Employment Litigation Section .. PHB 4040
950 Pennsylvania Avenue, NW
Washington, D.C. 20530 (202) 616·9504· phone (202) 514·1105 . facsimile
By:
~.C~
DAVID C. IGLESIAS
United States Attorney District of New Mexico P.O. Box 607
Albuquerque, NM 87103 (505) 346·7274· phone (505) 346·7296· facsimile

SEP-29-2004 19:09

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IN THE UNITED STATES DISTRICT couM'l/r,,~ •.PILt!)

C FOR THE DISTRICT OF NEV{ MEXICO A(j.,,~,;;'~(:!:~ ,UIS,.qlcr

ALBUQUERQCE DIVISION

."I,f:, Ni.-\.-'/ A~(.~~~Ri

_ _ _ _ _ _ _ _ _~. . .___

r DC 2 7 /004

)

UNITED STATES Of AMERlCA,

)

)

Plaintiff.

)

)

v.

)

)

CITY OF GALLUP, NEW MEXICO

)

)

Dcfcmlanl.

)

-~~~-)

Civil Action No.
CIV- 04-1108

WDS RI.P

CONSENT DECRF.E

This action was brought by the United Slates against the City of Gallup, New Me;dco

t"Gullup" or "the City") to enforce the provisions ofTitie YfJ orlile Civil Rights Act of Il)(i·+' 42

U.S.c. ~ 2000e, ~ ~fh as amended ("Tille VI!"). This Court has jurisdictioll of the action under
* * 42 USC. 2000c-G, 28 U.S.c. 13.*3 and 28 U.S.c. 9 1J45.

In its complaint, tbe United States alleges that Gallup has engugcd in a pattern or praeTie.,;

ofinlcmionui employment discriminLllion against American Indians by uSing rccnJilmcnt Llml hiring procedu'res that have excluded qualified American Indi:ms from the City's workforce ill violation
ofTitlc .:vII.

~Jallup denies Ihat il hus discriminated Llgainst American ~l1dians in recruitmcnt and hiring

in violation ofTitlc VII. Nevertheless, the Unitcd States and the City. desiring that this action be

';Sctlled by un appropri<ltc Consent Decree ("Decree"), and- willlOut thc burden of protracted

litigation. agree to the jurisdiction of this Co un owr the parties and the subject matter of this

action. Subject to the Court's :l.ppro\'ul orthi::; Deereot, Ihe parties: waive hearings: and findings (,I'

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fact and conclusions ofluw 011 al! issues, and furthc.r agree to the entry ofthi" DeL'fcc as final and

binding between themsch·-cs us to the Issues raised in the United Slates' complaint in this l'ilse alld

the matt,~rs resolved in this Decree.

This Decr~e, being entered with the consent or the United States and the City, shall in no

way constitute an adjudication or finding on the merits of the case, nor be construed as an

admission by the City or a finding by the Court orany wrongdoing or violution ofuny applicabk

federal hi\\' or regulation.

In re-solution of!his action, the parties hereby AGREE \0, und the Court expressly

APPROVES. ENTERS and ORDERS, the following:

t

J)EFlNITIO;>lS AND PARTIES

1.

The parties to this Decree arc the United States. by the United States Department or

Juslice, ::\nd the City ofGal!up, New Mexico.

2. 'Day" or "days," as used herein, refers 10 calendar, not business. days.

3. "Date of entry" ofthc Decree refers to the date on which the Coure orders entry of the

Decree.

4.

Tille VII of the Civil Rights Act of 1964,42 USc. § 200ne. et ~ .. as amended. is

hereinafter referred to as "Title VII."

5.

"Claimant" refers to any American Indian who is eligible to submit a claim for individual

relief under this Decree.

6. "Individual relier" refers to a monetary. award in the form of backpay, and/or an offer of

priority :lire. and/or retroactive seniority tbat a claimant may he offered pursuonl to the terms of

this Decree.

7. "Bad.:pay" refers to a monetary award that represents some or all of tile wages thaI a 2

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claimant would have Ci.UIlCJ if the: claimant hill] ueell hired by the City tor <I po~ilion Ihl.: claimant sough!, at or about the time that the claimant sought slIch a position. S. "Priority hire" refers to Ihe right ofa qualifierJ claimant to be oftcrcd the first availahle position with the City to which he or she was denied employment. Priority for such hiring shall he dctennincd according to the dale on which the claimant sought such a position with the City. 9. "Retroactive seniority" refers to the right of a claimanL who accepts an offer of priority hire from the City pursuant to the terms orlhi$ Decree, to receive seniority credit for al! purposes (except pension benefits) for the lime period between the date that the City filled thc position thaI the claimant sought and the d~t~ on which the claimant actually begins employment in thaI position with the City. For claimants who are incumbent City employees, retroactive seniority credit shall be granted immediately. For claimants who accept an offer of priority hire, retroactive SCni(1rily shall be credited upon the claimant's compiction Mhis or her probationary period. II, PURPOSES OF THIS DECREE 10. The purposes of this Decree are to ensure tlwt:
(a) American Indians arc not subjected to discrimination on the basis of race !II recruitment or hiring for City employmcnt in violation ofl'itle VII;
(b) the City adopts and maintains policies and procedures that prohibit Jiscrilllinalioll on the basis of race in employment, inclLlding recruitment and hiring;
(c) individuals who complain of race discrimination in employment (including being denied cmploymcnl) shaH not be retaliated against because ofsuch complaint(s}; and
(d) (ho.: City provides mondary relief and/or priority hiring with retroactive seniority 10 claii"nants who. from January I. 1997 to the daLe of entry of this Decree, \Vere 3

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denied employment with [he City Jut:: [0 the claimants' r;JCc. I!, Neither this Decree, nor any action taken pursuant to this Decree, shull require the City to hire or retain unnecessary personnel or to hire an applicant who doL'"s not meet the lawful. objectiv'~ qualifications currently USL'"d by the City for the position sought. III. GENERAL INJUNCTIVE RELIEF 12. The City, its employees, supervisors. age-nts and all individuals in active concert or participation with it, are enjoint'd from:
(a) engaging in any act or practice lhat unlawfully discriminates against any City ~mployec or applicant for employment on the hasis of race; and
(b) retaliating against, or in anyway adversely affecfinglhc tcnllS rmd conditions of employment of any person because that person has engaged in practices protected tinder 42 U.S.C. § 2000e-3(a), including, but not limited to, cooperating witlt the United States' investigation of tile City, or the litigation of this cuse.
13. The City s.11aH designate an individual who shall be responsible for enforcing tbe
proviSIOns of this Decree along with the City's policies and procedures relating to cqual
employment opportunity thai are implemented pursunnl to Paragraph 14, below. This person·s responsibilities shall include, but not be limited to, the following:
el) ensuring that;tll paragraphs oflhis Decree arc fully implemented and complied with;
(b) receiving complaints of discriminat,ion in employment (including being denied
employment) on the basis of race or retaliation; (c) lllvcsligaling complalllls oCdiscnmination in empluyment (including being denied
employment) on the basis \)[raee or retaliation; 4

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(d) preparing: a rep~:)fl Mthe outcome ofe:.!Ch investigation of alleged disuillliu;llioll ill employment (including being denied cmploymCnI) on the basis of race or

retaliation; and (0) distributing informalion concerning the City's EEO policies and procedures,
when 'requested, by employees or other individuals.

IV. IMPI.EMENTATlO:'ol OF POLICIES AND PROCEDURES

14. Within sixty (GO) days. from the dale of cnlry of this Decree, the City shall implement

policies and procedures for all' of its departments that prohibit discrimination on the basis •.)f racl..·

and thul provide that American Indian applicants and employees will be Ircatco in the same

mallner as at! other similarly-situated, non-Amencan Indian applicants und employees, At a

minimUIll, these policies and procedures shaH include the fOllowing;

(a) a description or the process hy which an Individual may apply for open positions

with the City;

(b) the statement "The City of Gallup is an equal opportunity employer that h;

comniitted to hiring qualified individuals regardless of race.";

(c) the statement "All applicants will be evaluated solely on the oasis ofjob-related

quali fications.";

(J) a description orllle manner in which an individual may make a w,itten or verbal
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complaint of discrimination in employment (including being denied employment)

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based 011 race or retaliation;

"(c) contact intormation for those City employees authorized to receive complaints of

discrimination in employment (including being denied employment) based on race

or rCltllialion; 5

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(f) tbat all complai nts of discrimination in 'employment (inc !ud ing being denkd
employment) based on race or retaliation made to the City will be promptly ami
objcctin-:ly investigated hy the City; and
(g) that the City will provide the results or an investigation of a complaint of discrimination in employment (including being denied employ1nent) based all race or retaliation to the complaining party in writing, and that the City will make a £ood faith ctTorL to pro\'ide this infomlation no later than thirty (30) days !l'om the dale the request or c.omplaint is received by the City.
15. Within lell (10) days from the date on which the City implcm{)nts the pollcies and procedures sct· forth in Paragraph 14, above, the City ShOll! distribute copies of such policies and procedures to all of its current emplOyees and post such policies and procedures in the Personnel Department in a location that is readily visible to all persons who apply there for City positions. 16. Within ten (10) days from the dute on which the City implements the policies and procedures set forth ill Paragraph 14. above, the City shat! publicize the policies and proccdurcs by, illter alia, posting those policies and procedures at locations in all buildings and facilities used for po.sting equal employment opportunity lnformation. bye-mail to all employees, if available, and on any City intemel or intranet website usee! for posting notices or policy changes .ror or concerning any of the City's departments. 17. Ga[1up shall ensure that cach new City employee rcceivcs a copy of the policies and proCedures implementcd pursuant to Paragraph 14, above, at the time of the new employcc's hire. E;Jch new City employee shall sign an acknowledgment that he or she has read and understood stich policies and procedures, and the signed acknowledgment shall be placed in each nt'w employee's persofllle1 file.
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V. RECRurmmNT AND AIJVEHTI~ING PRACTICES 18, For each open position"!hallhe City seeks 10 fill. the City 5h::111 publicly aJvcnisc lbe position litle, minimum qualifications, salary range, and application deadline. With the exception of those open positions that afC filled hy: (i) offers of priority hire to claimants pursuant to this Decree; or, Oi) opcl). positions that mc advertised internally pursuant to the U.M. W.A. CollectivG Bargaining Agreement, entered into by the City on February 17, 2004, the City 5113111101 fill any open positions unless such positions arc publicly advertised. 19: At least twenty-one (21) days bet()re the application deadline for each open position, all such auvertisemcnls, described in Paragraph 18, above, shall:
(a) appear in the Gallup lndependen~, the i\'avajo Times and other publications, if.nny, that the City deems appropriate;
(b) he posted at locations in all City buildings and facilities used for posting equal employment OjJportunity infonnation;
(c) be posted all any City internet and Intranet website; (d) be mailed to the ZUlli Tribal Employment Rights Office ("TERO"); :lnd (e) bc mailed to Ihe Office orlhe President oflhe Navajo ~ation. VI. TRAINING 20. W'. ithin one hundred and eighty (180) days from the date of entry of this Decree, the Cily shall have completed training regarding Title VII's prohibitions against race discrimination and
rctaliati';lo. Such training shall be provided to· (i) all City employees involved in hiring or rccruitn;cnt for City positions; and (ii) all CiLy employees authorized to receive and investigate
complaiills of discrimination in employment based on race and retaliation.
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21: The City slmll bear the cost offhc trainmg described In Paragraph 20, above. 22. Within sixty (60) days prior to the date o[tlle training, the City shall inrorm Ih~ United Stares of the identity of the individual or business entity it has selected to comJuc-t (he training required by Paragraph 20, above, including u description orlhe qlwliticatiollS of such individual
or busin·,:ss entity selected to provide the t[<.lining. If the United States dctcmlincs that the selected
individual or business entity docs not have udequutc skills or experience to effectively conduct the
training, the United States sha\! illfann th~ City of its determillation and the parties shall jointly
select a mutually acceptable iqdividuu[ or business entity to provide the training. 23. Within thirty (30) days, prior to Ihe training required by Paragraph 20, ahove, the City shall provide the United Statc~ with copies of all training materials to be useu during the training. The United States shall retain the right to approve the adequacy and accuracy o[ the materials to be used [or, the training. 24. Withm thirty (30) days following the completion orthe training. the City shall provide Ihe United Siaies with written verification that the training has been completed and that all cmp!oyc-::s required by Paragraph 20, abo~'e, to attend such Imining in fact diu so. 25. The L'nited States shall have the rigbllo send a representative to observe rhe training,
; providec,l that the United Slates provides the City with reasonable notice of its intent to do so. VII. REMEDIAL RELIEF TO INDIVIDUAL AMERICAN INDIAN VICTIMS OF
IHSCRIMINATION 26. The City shall offerthc remedial rcliefproyiJed in this Decree to those individual American Indian claimants who sought employment with tbe City between January I, 1997 and the date of entry of this Decree and were either denied employment with the City or had an employment offer from {he City delayed as a result of the City's discriminatory employmcnt
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practices against American Indians as alleged by the Umled States 111 its Complaint. Such remcdia! relief shall include m.olle[::Iry relief and/or off~rs of priority hiring and/or rctroactin~

seniority relicf: The actualUllmber of priority hires sha!1 not exceed twenty"seven (27). To

effectuate this remedial relief \0 indi\!idual American Indian claimants. the following steps shall

be taken: A.

Identification of Claimants

27. Pursuant to this Decree, those AIIlt:rican Indians who afe eligible to file a claim tor

remedial relief under this Decree arc those who: (a) sought employment with the Cily between January l. 1997 and the dale of entry of

this Decree;

(b) either were not hired by the City or were delayed in hire for the position(s) for

which they sought employment; and

(c) believe that they were the victims of race discrimination by the City.

28. The City agrees to take the following actions to notify potential claimants of their right to

make a claim for relief pursuant to this Decree:

(,a)

Beginning no more than t\Vcnty~one (21) days aflcr the date of entry of this Decree,

the City shall post a Notice of Settlement in e:leh orits public buildings and on its

website which expl"lins the right to make a claim for rcliefunder this Decree and

sets out the requiremellts for making a claim. The Notice ofSettkment is set out ill

Appendix A and the Claim Form is set out in Appendix B.

(b) Bcgirming no more tlwn twenty-one (21) days after thc date of entry of this Deerec,

the City shaH advertise the Notice ofSetl!cment (App. A) in the Gallup

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Independent, the Navajo Times and the j\ 'Slliwl Messenger once during thl..' middle
or of each week for three consecutive weeks. The size this notice shall bt::" no
smaller [han 8" x to" and shall be placed in the local news section oCtile newspaper( s). <:) Within sixty (60) days after the date of entry oflhis Decree, the City shaH send b~1 certified mail, return receipt requested. the Letter to Applicants sct out in Appendix C to the last known address of each individual who sclf-idcnti [jed as American Indian in a written City employmenl applicatIOn or who the City otherwise reasonably believes to be American Indian and who applied lor full-lime or part-time employment with the City between January I, 1997 and the presenL With the-Letter to Applicants (App. C), tho.:: City shall include a copy o[the :-xoticeofSctllement anti Claim Foml (Apr. A & B). (d) Within sixty (60) days after the date- of entry of this Decree, the City shall, by certified mait. rdurT] receipt requested via the United States Postal Service, send the Notice-of Settlement (Apr. A) and twenty (20) copies of the Claim Form (Apr. B) to each of the following organizations: the ZUlli Tribal Employment Ri!,;IHs Otftce ("TERO"); the Office orlhe Zuni Tribal Prosecutor; and the Office orthe Nav<ljo Nation Attorney General. (e) Within thirty (30) days atler the dat~ ofenlry oflhis Decree. the City shall submit to eaeh orthe following radio stations, for paid advertising, the notice set out at Appendix D: KTNN AM G60; KGAK AM 1330; and, KSHI FM 90.9. The City shall pay for thiS notice to he read twice daily in English and Navajo for a period of seven (7) days. I[the radio station(s) reads public service announcements. the
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City sh:l1! also request that the stalion(s) feud {he notice ;IS a puhlic service

announcement during the week folJO\ving the period urlhe City's paid ad\"crtising.

29. Ifany notice-is returned to the City with a new address recorded on the rdum envelope. the

City shall immediately send a notice \0 the new address. For any notice returned without a new

address, the City sha!l promptiy fon.vard the notice to the United Siales, which may attempt 10

ascertain a new address for th:lt individual and send a notice to the ncw address. All of the City's

dfarls to contact potential claimants shall be recorded and submitted Lo the United Slules within

thirty (30) days o[the final mailing.

30. All claimants described in Paragrnph 27, above, shall be required to submit a cI'lim Jar

rclicfundcr this Decree. The fonn of that claim is set out in Appendix R Tbe daim for relief

shall be postmarked no latcr tl.lan sixty (60) days after the claimant's aclU:.Il rcceipt of an Appendi.\

A notice and claim foml, or sixty (60) days after thc last date on which notice was published in

accordancc with Paragraph 28(b), whichever is later. Absent good cause showlJ, <Illy claimant

who fails to submit a timely claim foml to the United States shall not be eligible for any relief

under tillS Decree.

31. The delenllinatlon of whether a claimant timely liles a claim Cor reiier under this Decree is within the sole discretion of the Uniled S{,:ltes.

H. Awards of Relief under this Decree

32. The City shall establish a settlement fund in the amount of THREE HUNDRED

THOUSAND DOLLARS ($300,000). The settlement fund shall be deposited in an interest bearing

acc.ountfs) thai is fully Federally insured. All interest canted by the account(s) shall become pari

"ner of the settlement fund. Any monies remaining in the settlement fund account(s)

the payment of

all claims approved by the Court under this Decree shall revert b:lCk to the City. 11

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33. The City shall pay any "administmtive costs of establishing the monetary rcllcfuccount{sl.
and such administrative costs shall not come out of or be deducted from the principal or interest in the scttktllent fund.
34. Within one hundred twenty (120) 9ays of the receipt by the L'nited States of a!11imcJy submitted claim forms, the United States shall serve upon the City a preliminary report identifying the claimants it beli'eves afe cntiOcd to rclicfundcr the Decree and the reiieflo which the United States bdieves each claimant is entitled. The L;nitcd Slates and the City sh;.dl meet no hiler than
or thirty (30) days following the City's receipt tile preliminary report. At such lime. Ihe Cily shall
present to the United States-all evidence in the (Don of documents and artidavits upon whieh it would r~ly to challenge the _United Stutes' itlcntification of claimants tim! the United States believes arc entitled to relief under the Decree. The oojec-tions presented by the City at this meeting sh'<.l!l be limited to the determination as to whether u claimant is entitled \0 rdief. 35'. The United States shall consider the evidence provided by the City that would effect the prelimillUry detemlination of any individual claim:mCs entitlement to rdief under the D..:crcc. Within si:>;IY (60) days orthe meeting referred to in Paragraph 34, above, the United States shall serve upon the City a final report identifying the -claimants it believes arc entitled to relief under the Decrce and the relief to which the United States believes eaeh claimant is entitled. The Unitl'J States shall include- in this report any proposed monetary and nOll-monetary rdidto be offered, as well as jHoposed retroactive seniority dates. 36. The City shall provide the United States with access to any applications or other records in its possession that will assist the United States in delemlining the idl'ntity of claimants and assessing the ments of any clnims for relief made pursuant to this Decree. 37. The City shull have sixty(60) days from the date orits receipt of the final report from the
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United States referred 10 in Paragraph 35 to: (I) object in writing to tht' Umh.:d Slates to allY rdtd-
proposed by the United States;' and (2) demonstrate in writing to the United States that any such claimant was not a viclim of discrimination ,wd, acc.ori.lingly, is not entitled to the relic!' proposed
for that cI:.mnant by the United States. These written objections of the City shall be based solely upon the tioctlmen!s or affiu;J.vits presented to the United States Juring the meeting relerred to ill Paragraph 34, above, and copies of such doc,umcnls or arfidavits shall he attached 10 the City's writtcn objections. 38. The burden o[prooffor the resolution orany claims disputed by the City shall be those sel forth hy the Supreme Court for Stage II proceedings aftcr a finding of liability in International
Brotherhood orTeamsters v. United Stales, 4Jl U.S. 324 (1977). Ifa claim is sliccessfully
disputed by the City so that the clallllanl is no longer entitled to rchef, the relief that had been ullocatcd by the United States (or' sllch claimant on thaI claim may be rc;liloca1ed by Ihe Luiled States in its sale discretion for distribution to claimants on non-disputed and/or successful claims.
VIII. FAIRNESS HEARING 39. The Court will conduct a hearing 10 consider :lny and all objections to individual relief
proposed under this Decree from anyone affected by the relief, including American Indian claimants for relief under. this Decree as \vell as incumbent employees ofth~ City. This hearing shal! take place afler the City has given notice orllle ht;aring to the public and to claimants and other affected persons, pursuanlto Paragraphs 40 and 41, below. There shall be at least forty-five (45) days notice to the parties from the Court of the date and time of the hearing. 40. No later than len (10) days after a hearing has bGcn schcduletl by the Court, the City shall scnd to each clainHlIlL a Notice of Proposed ReHer. describing the relief proposed. irany, for that
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cJaiman!- purs\1~l1]t to this Decr~c. This notice is scI out at Appcndi.\ E. Copks \ICcach nOlice shall
be fonvarded (0 counsel for the United States. 41. No later than len (10) days afier a hearing has been scheduled bYlhe Court, the Cily shall send by firsl~class mail a Notice of Fairness Hearing to all individuals who have fih:d claims rOT relicf und~r this Decree and 10 all individuals who have infonned the United States or the City in writing Ihat, for any reason, they object to the reI icf proposed. This notice is set oul at Appcmlj~: F. The notice sct out al Appet,luis F shall also be puhlished in the Gallup Independent, the Navajo
Times and the A'Shiwi Messenger and posted on Cily bulletin hoards used tor PO!'>illlg equal employment opportunity informalioll.
42. All objections to the proposed awards of individual relicf must be filed in writing with the Clerk of Court, with copics !11\li1cd to counsel for the United Slates and the City, all('a~t thirly (30) duys before the ~eheduled hearing. IX. NOTIFICATION AND PA YMENT OF CtAIMANTS .:J.J. Within twenty (20) days aftcr the approval by the COllrt of tile proposcd awards or remedial rdiefto American indian clailllants under this Decree, the City shallilotify all cligibh:
c laimanl"s by ccr1itied mail of ~hcir award of relief The City shall send to each claimant it copy pf the Notice of Final Dctermin~lion set out in Appendix G, as well as a copy of the Individual Relief and Release of Claims Form sct Ollt in Appendix H. 44. Any claimant entitled (0 relic( shall, to obtain stICh relier, sign and have notaJized the Individual Relief and Release ofChlims Form (Ap'p. H). Any c1~imant who docs not sign and
have his or her foml notarized and retumed to the City within forty~fi\'e (45) days oflha! dU\lnant's receipt oCthe relcas(.· shall, ulllcs~ gOOD cause be shown, be deemed to have waived his
14

•

•

or her entitlement to relief under this Decree. The determination that a claimant Iws shown good
cause sh,lll be withinJhc sale t\iscrclion of tile United States. 45. As the City receives re!eascs from the cbimants entitled to rc1icfumlcr this Decree. the
City sha~l, withinlhirty (30) days of ils receipt of each rdease, issue a check to the claimant for the full amount ofllle monetary award due that claimant, minus any applicable withholding pursuant to Paragraph 46. belo'w. At the claimant's option. the City shall either maillhc check II) the claimant via cerlified mail, retUnl receipt requested, or the claimant may personally pick up the check from {he Cily. Every claimant who personally picks up a check from the City shall sign a receipt acknowledging that he or she has received the check. 46. The City shall withhold from each award the amount required to be withheld by applicable Federal and State income tax Jaws. In addition, the City shall pay the apprOpri<lIC employer's contribution to the Social Security fund due on the back pay portion orthe monetary award. The employer's contribution \0 the Social Security fund shall not be taken from the settlement fund. 47. When a position becomes available during the teml of this Decree for which a claimant has a righll(j an offer of priority hire. it shall be the City's responsibility to notify the claimant of tile
availability of the position, send the claimant a currcnt, blank application for City employment, a
job description for the position to be offcr.::d, amI an explanation that the claimant must complete the application and any other parts ofthe application process required by {he terms of this Decree ill order 'to receive an offer of priority hire. 48, To receive an offer of priority hire, a dillmant must comply with the terms of this Decret:
,
including, but nol limited to, the fOl1owing: (,a) Meet the present objective qualifications for the position to be offered. Howcvcr, no ciaimant shall bc subjected to ;.my qualificatIons, tests or other requirements t11<.1t 15

• •
are not generally required of all applicants wlla seck employmenl in the position \0 be offc~cd to the claimant:
(b) Complete and retum to the City in a timely manner, the application provided by the
City. along with any other lawful documentation or in[ornlation sought hy the City.
The City shall Ijhcn noti(y the claimant of any olher objective, Imvful application
requirements t11<lt must be satisfied by the claimant in order to receive an aBeT of
priority hire pursuant to this Decree; anu (c) Submit to and pass a background -check and/or drug tcst, ira background check or
dmg test is non,nally required of applicants who arc seeking the position to be
offered to the cl,aimant.
49. A claimant who is entitled to an offer ofpriorily hire under Ihi~ Decree shall not be required to compete \\'ith otller individu:.Jls for the position to which the claimant is entitled to all offer of priority hire. 50. Except as othcrwis'e required by this Decree, any claimant \1,."110 is hired by the City pursuant to an offer of priority hire shall be subject to all lawful employment requirements used hy the City to evaluate employee perfomlance, promotion, discipline, continued employment etigihility, termination or other temu> and conditiblls of cmployment. including the probationary period nonnally used by the City for thc position offered to the claimant. 51. Any claimant designuh!d ror priority hiring under this Decree, who qualifies for such relicf and whc accepts such relief, shall be entitled to retroactive seniority. Such seniority shall be credited for all purposes for which seniority is used, except that retroactive seniority shall not affect time-in-grade requireillents for purposes of eligibility for promotions or pension benefits provlded by the City or State of New Mexico.
16

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X. DISPUTE RESOLUTION

52. The parties shall attempt to resolve informally any dispute that may arise umkr tIllS

Decree. If the parties afl~ unable to resolve the dispute expeditiously, dther party Illay mo\"t: the

Court for a resolution ofrhe disputed issue.

XI. REPORTING, RECORD RETENTION AND COMPLIANCE ~IONITORING

53. For pllf110scs of this Agreement, a reporting period shaH fun from January I through June

30, and from July J through December 31, for each year. Within thirty (30) days from the close of

each reporting period. the City shall provide the United Siales with the foltowing information:

(a) the name, race, position, home address and phone number of all persons applying

for hire during the reporting pcrio(l, and whcthcr the applicant was hired into Ihe

position for which he/she applied;

(b) a list orall claimants wbo were offered priority hire pursuant to the tcmlS of this

Decree, including whether or not the claimant accepted the position, mel Ihe

objective job requirements, wus hired and the starting date of such employment;

and

(G) the name, race, position. home address and phone number of any employee who was lenninated by the City, and the reason for the termination, Juring the reporting

period._

54. The City shall provide the information describeu in Paragraph 53 (a) and (c), above. for

"

.

at three (3) years from the date entry of the Decree.

55. In the evcnt that the City h;)s not made all required offcrs 9f"priority hire at the end ortwo (2) ~l~ars; the City shaH continue to provide to the United States the information required by

• •
Paragraph 53 (b) on a scmi-an~ual ba~is lor tht: lift utillis DeereI;'; ur lintil all off1.:rs of priority hire havG been made, whichever period is shorter. 56. Gallup shan retain all of the fol!owing records (including those in ckctronic fonn) during the tcml of this Decree:
(a) the provisi~ns and effective date of all policics and procedures implcmcnt<"J pursuant to Paragraph 14. above;
(6) all posted notices and posters displayed in any Dfils departments or distributed to any employees or new hires that are intended to convey information regardillg the prohibition of discrimination on the basis afface in the workplace, us sCI forth in Paragraphs 15 - 17, ahovc;
(c) all documents that come into its possession rdating to written or verbal compl:.iin!s
of race discrimination or retaliation from any current or prospectivc employee of thc City agains~ any o[tlle City's departments, including but not limited to, documents relating to the City's investigation and resolution oLmy such complaint; and (d) all applications·nmde for positions in City departments as weI! as ,til dOcllments related to the selection of new hires for those positions. 57. The United SWtcs may review compliance with this Decree at any time and shall have thl~ right to inspect and copy any documents that arc relevant and necessary to monilor the City's compliance with this Decree, upon thirty (30) days written notice to th~ City, without further order of this Court.
18

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XII. JURISDICTION OF TIIF: COURT
or 58. The Court shall retain jUl."isdiction over this Dccrc~ for the purpose resolving any
disputes or entering any orders that Il1ny he necessary to implement the relief provided in the Decree.
59. The United States and the City expect that the remedial relief called for under this Decree
(,'an and witl be fully effectuated within three years from the dalc of entry orlhi:; Decree. Accordingly, this Decree shall dissolve and this action shall be dismissed without further order of the Court at the cnd oflhrcc years from [he date of entry aflhis Decree unless both orlh..:: following elements arc present: (a) the femedial relief called for by this Decree has not becn fully dfcctuatcd; and (b) the United Siaies moves, and the Court grants the United States' motion, to extend the life of this Decree and this action fartile sale purpose of effectuating the remedial felief called for by this Decree, Any molion by the United St~ltes to extend tbis Decree shull request only such time as is ncccss~lIy to cf~cctuate the remedial rclicfcil!led for by this Decree. Ie at any point during the lite of this Decree ~ even if less limn three years have passed Since its entry - the remedial relief called for by this Decree has been fully effectuated, this Decree shall he dissolved and this action dismis.<;ed without further order of the Court XII J. GF:NERAL PROVISIONS 60. The parlics shall bear their own costs inlhisi aclion, including attomey's fees. except that the parti(;s shall retain the right to seek eOsts for any matter which, in Ine future, muy arise under this Decree and require resolution by the Court. 61. P.ll documents required to be delivered under this Decree to the Ul!ited States shall be scnt to the attcntion of:
19

• •
Chief U.S. Department of justice Civil Rights Division Employment Litig<ltion Scc(iol1- PHB 4040
950 Pennsylvania Ave., NW WaShington, D.C 20530 62. All documents required \0 be delivered under this Decree to the City shall he sent to the
, ,
"
20

•

•

•

<ltt~ntlOn ot~
George KozeliskL Esquire Ci LYAttorney City of G;l!!Up P.O. Box J270 Gallup; New Mesko 87305 It is so ORDERED, this --tJ;n--.~ day of--'O:c!0,"--_ _• 2004.

UNITED STATES DISTRICT JUDGE

ACRE~D AND CONSENTED TO:
For plaintirrUnited States of America:
R. ALEXANDER ACOSTA Assistant Anomey Genera! Civli Rights Division
=== BY9-3£~-_
DAVID J. PALMER Chief, Employment Litigation Section
~.~~
- W- IL- LO IAC M~8= . = FE-N: T- O- N --Z:=..J KATHLEEN T TOOMEY SONYA A. RAO Attorneys U.S. Department of lustice Civil Rights Division Employment Litigation Section-PHB 4040 950 Pennsylvania Ave., NW Washington. D.C 20530 (202) 61 S-9504 ~ phone (202) 514-1105 - facsimile

For defendant City of Ga!1up. New Mexico:
B'i3d~
MAYOR BOBROS~
City of Gallup. Ne\\~¥e.\j.c_o. ',:
I of Gallup P.O. Box 1270 Gallup, New Mexico 87305 (505) 863- J270 - phone
(505) n6~2047 - far.:simlle
21

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THE EXHIBITS ATTACHED TO

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THIS PLEADING ARE TOO

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VOLUMINOUS TO SCAN. SAID'" ,
EXHIBITS ARE ATTACHED TO THE

ORIGINAL PLEADING IN THE CASID

FILE WHICH IS LOCATED IN THE 1 ,
RECORDS DEPARTMENT, U.S. ~

DISTRICT COURT CLERK'S

OF'FICE ...

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 Case: 1:04-cv-01108-WDS-RLP As of: 03/01/2019 02:12 PM MST 1 of 5
REFER,TERMED
U.S. District Court District of New Mexico − Version 6.2.1 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:04−cv−01108−WDS−RLP

USA v. Gallup, City of Assigned to: Magistrate Judge W. Daniel Schneider Referred to: Magistrate Judge Richard L. Puglisi Demand: $0 Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/29/2004 Date Terminated: 10/27/2004 Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

United States of America

represented by David C. Iglesias US Attorney's Office District of New Mexico PO Box 607 Albuquerque, NM 87103 (505) 346−7274 Fax: 346−6852 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J Palmer US Department of Justice Civil Rights Division 950 Pennsylvania Ave NW PHB, 4th Floor Washington, DC 20530 (202) 616−9504 Fax: (202) 514−1105 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathleen Toomey US Department of Justice Civil Rights Division 950 Pennsylvania Ave NW PHB, 4th Floor Washington, DC 20530 (202) 616−9504 Email: kathleen.toomey@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sonya A Rao US Department of Justice Civil Rights Division 950 Pennsylvania Ave NW PHB, 4th Floor Washington, DC 20530 (202) 616−9504 Fax: 514−1105 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B. Fenton US Department of Justice Civil Rights/Employment Litigation Secti 950 Pennsylvania Avenue, N.W. Patrick Henry Building, Fourth Floor Washington, DC 20530 202−514−3168 Fax: 202−514−1005

Case: 1:04-cv-01108-WDS-RLP As of: 03/01/2019 02:12 PM MST 2 of 5
Email: william.b.fenton@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Gallup, City of

represented by George W. Kozeliski Gallup City Attorney PO Box 1270 Gallup, NM 87305 (505) 863−1270 Fax: 726−2047 TERMINATED: 09/27/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lynn Isaacson Mason & Isaacson PA PO Box 1772 Gallup, NM 87305 505−722−4463 Fax: 505−722−2629 Email: tli@milawfirm.net ATTORNEY TO BE NOTICED

Date Filed 09/29/2004 09/29/2004 09/29/2004 09/29/2004 10/05/2004 10/27/2004
02/16/2005 03/02/2005
06/29/2005 07/01/2005 07/06/2005 07/15/2005

# Docket Text
1 COMPLAINT for civil rights (referred to Magistrate Judge Richard L. Puglisi) (emr) (Entered: 09/30/2004)
LETTER re: consent to proceed before a US Magistrate Judge (emr) (Entered: 09/30/2004)
2 JOINT MOTION by USA for order approving and entry of consent decree (bap) (Entered: 10/01/2004)
3 MEMORANDUM by USA in support of motion for order approving and entry of consent decree [2−1] (bap) (Entered: 10/01/2004)
4 NOTICE of consent to proceed before a U.S. Magistrate Judge by parties (*) (bap) (Entered: 10/05/2004)
5 CONSENT JUDGMENT by Magistrate Judge W. D. Schneider granting parties' joint motion for order approving and entry of consent decree [2−1] dismissing case w/prejudice (cc: all counsel) (bap) (Entered: 10/27/2004)
6 MOTION by deft to amend consent decree (jrm) (Entered: 02/16/2005)
7 ORDER by Magistrate Judge W. D. Schneider granting deft's motion to amend consent decree entered on 10/27/04 [6−1] as further described herein (cc: all counsel) (bap) (Entered: 03/03/2005)
8 MOTION by plaintiff to extend time to serve preliminary report until 8/30/05 (dmw) (Entered: 06/29/2005)
9 ORDER by Magistrate Judge W. D. Schneider granting pltf's motion to extend time to serve preliminary report until 8/30/05 [8−1] (cc: all counsel) (sl) (Entered: 07/01/2005)
10 MOTION by pltf for leave to correct the case caption in the proposed order associated w/unopposed motion for extension of time (*) (bap) (Entered: 07/06/2005)
11 ORDER by Magistrate Judge W. D. Schneider granting pltf's motion for leave to correct the case caption in the proposed order associated w/unopposed motion for extension of time [10−1], re [8−1] and vacating order associated with USA filed 7/1/05 and giving USA until 8/30/05 to serve its report to deft City of Gallup (cc: all counsel)

Case: 1:04-cv-01108-WDS-RLP As of: 03/01/2019 02:12 PM MST 3 of 5

08/26/2005 08/31/2005
09/09/2005
12/06/2005 12/07/2005 03/29/2006 05/08/2006 05/18/2006 05/25/2006 05/25/2006 05/25/2006 05/30/2006 05/30/2006 06/01/2006 06/07/2006 06/07/2006 06/07/2006 06/09/2006 06/12/2006 06/12/2006 06/13/2006 06/13/2006 06/13/2006 06/13/2006 06/14/2006

(bap) (Entered: 07/18/2005)
12 MOTION by pltf for extension of time until 11/14/05 to serve a preliminary report on deft (*) (bap) (Entered: 08/29/2005)
13 STIPULATION by parties agreeing that the City of Gallup should be allowed to advertise in the Gallup Independent approved by Magistrate Judge Schneider (seal) (Entered: 08/31/2005)
14 ORDER by Magistrate Judge W. D. Schneider granting pltf's motion for extension of time until 11/14/05 to serve a preliminary report on deft [12−1] (cc: all counsel*) (bap) (Entered: 09/09/2005)
15 JOINT MOTION for protective order * (jm) (Entered: 12/06/2005)
16 ORDER by Magistrate Judge Richard L. Puglisi granting joint mtn for protective order [15−1] (cc: all counsel) (jm) (Entered: 12/07/2005)
17 JOINT MOTION for fairness hearing * (jm) (Entered: 03/29/2006)
18 ORDER by Magistrate Judge W. D. Schneider setting fairness hearing for 7/13/06 at 9:00 am (cc: all counsel) (sl) (Entered: 05/08/2006)
19 NOTICE of proposed relief by pltf* (jm) (Entered: 05/18/2006)
20 OBJECTION to proposed individual relief by Clyde Harper (jm) (Entered: 05/31/2006)
21 OBJECTION to proposed individual relief by Kermit R. Johnson (jm) (Entered: 05/31/2006)
22 OBJECTION to proposed individual relief by Jay Boyd (jm) (Entered: 05/31/2006)
23 OBJECTION to proposed individual relief by Raymond George (jm) (Entered: 05/31/2006)
24 OBJECTION to proposed relief by Rose Mary Zuni (jm) (Entered: 05/31/2006)
25 OBJECTION to proposed individual relief by Lance Martin (jm) (Entered: 06/02/2006)
26 OBJECTION to proposed individual relief by Delora R. Carrillo (jm) (Entered: 06/07/2006)
27 OBJECTION to proposed individual relief by Nicole B. Maestas (jm) (Entered: 06/07/2006)
28 OBJECTION to proposed relief individual relief by Robert Peeples (jm) (Entered: 06/09/2006)
33 OBJECTION to proposed individual relief by Pierre Thompson (jm) (Entered: 06/13/2006)
29 AMENDED NOTICE of proposed relief by pltf* (jm) (Entered: 06/12/2006)
30 OBJECTION to proposed individual Relief by Ernest Thompson (jm) (Entered: 06/12/2006)
31 OBJECTION to proposed individual relief by Mary Becenti (jm) (Entered: 06/13/2006)
32 OBJECTION to to porposed relief by Everett Howe (jm) (Entered: 06/13/2006)
34 OBJECTION to proposed individual relief by Russell Thomas (jm) (Entered: 06/13/2006)
35 OBJECTION to proposed individual relief by Bernice Milane−Baca (jm) (Entered: 06/13/2006)
36 OBJECTION to proposed individual relief by Raymond Lewis (jm) (Entered: 06/14/2006)

Case: 1:04-cv-01108-WDS-RLP As of: 03/01/2019 02:12 PM MST 4 of 5

06/14/2006 06/14/2006 06/14/2006 06/14/2006 06/14/2006 06/14/2006 06/14/2006 06/14/2006 06/14/2006 06/14/2006 06/14/2006 06/14/2006 06/14/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/19/2006 06/30/2006 07/06/2006 07/06/2006 07/06/2006
07/13/2006

37 OBJECTION to proposed individual relief by Frieda S. Hubbard (jm) (Entered: 06/14/2006)
40 OBJECTION to proposed individual relief by Brenda Benally (jm) (Entered: 06/15/2006)
41 OBJECTION to proposed individual relief by Denice L. Miller (jm) (Entered: 06/15/2006)
42 OBJECTION to proposed individual relief by Crystal Chester (jm) (Entered: 06/15/2006)
43 OBJECTION to proposed individual relief by Georgia C. Begay (jm) (Entered: 06/15/2006)
44 OBJECTION to proposed individual relief by Charlotte Pete (jm) (Entered: 06/15/2006)
45 OBJECTION to proposed individual relief by Corina Davis (jm) (Entered: 06/15/2006)
46 OBJECTION to proposed individual relief by Malcolm C. Becenti (jm) (Entered: 06/15/2006)
47 OBJECTION to proposed individual relief by Anita Begay (jm) (Entered: 06/15/2006)
48 OBJECTION to proposed individual relief by Pauline Livingston (jm) (Entered: 06/15/2006)
49 OBJECTION to proposed individual relief by Nellie Livingston (jm) (Entered: 06/15/2006)
50 OBJECTION to to proposed individual relief by Katherine Kinsel (jm) (Entered: 06/15/2006)
54 OBJECTION to proposed individual relief by Lindsey Mescal (jm) (Entered: 06/15/2006)
38 OBJECTION to proposed individual relief by Victoria Peters (jm) (Entered: 06/15/2006)
39 OBJECTION to proposed individual relief by Richard Smith, Jr. (jm) (Entered: 06/15/2006)
51 OBJECTION to proposed individual relief by Lawrey H. McReeves (jm) Modified on 06/19/2006 (Entered: 06/15/2006)
52 OBJECTION to proposed individual relief by Elvina M. Becenti (jm) (Entered: 06/15/2006)
53 OBJECTION to proposed individual relief by Fred Thompson, Jr. (jm) (Entered: 06/15/2006)
55 OBJECTION to proposed individual relief by Linda James (dmw) (Entered: 06/19/2006)
56 OBJECTION to proposed individual relief by Pauline Livingston (jm) (Entered: 07/03/2006)
57 MOTION & memorandum by plaintiff for order to approve proposed individual relief & overrule objections * (dmw) (Entered: 07/06/2006)
58 APPENDIX filed by plaintiff to motion & memorandum for order to approve proposed individual relief & overrule objections [57−1]* (dmw) (Entered: 07/06/2006)
59 ORDER by Magistrate Judge W. D. Schneider allowing plaintiff to exceed paghe limit on motion & memorandum to approve individual relief & overrule objections (cc: all counsel) (dmw) (Entered: 07/06/2006)
60 CLERK'S MINUTES of Fairness Hearing held 7/13/06 before Magistrate Judge W. D. Schneider C/R: Julie Goehl−Sanchez* (jm) (Entered: 07/13/2006)

Case: 1:04-cv-01108-WDS-RLP As of: 03/01/2019 02:12 PM MST 5 of 5

07/17/2006 08/22/2006 08/28/2007 09/27/2007
10/24/2007
10/25/2007 10/29/2007 10/29/2007
11/07/2007 11/07/2007 07/06/2009 07/08/2009 07/29/2009 08/12/2009

61 ORDER by Magistrate Judge W. D. Schneider granting pltf's mtn for order to approve proposed individual relief & overrule objections [57−1] (cc: all counsel)* (jm) (Entered: 07/17/2006)
TRANSCRIPT of Proceedings before Magistrate Judge W. D. Schneider of fairness hearing held on 07/13/06; re [60−1] lodged in separate file folder (pg) (Entered: 08/22/2006)
62 MOTION to Withdraw, MOTION to Substitute Attorney by Gallup, City of. (Isaacson, Thomas) (Entered: 08/28/2007)
63 ORDER by Magistrate Judge Richard L. Puglisi granting 62 Motion to Withdraw ; granting 62 Motion to Substitute Attorney. Added attorney Thomas Lynn Isaacson for Defendant City of Gallup. Attorney George W. Kozeliski terminated. (caw) (Entered: 09/27/2007)
64 MOTION to Extend (other) Consent Decree by United States of America. (Attachments: # 1 Memorandum in Support# 2 Appendix A# 3 Proposed Order# 4 Certificate of Service)(Toomey, Kathleen) modified on 10/29/2007 (dmw) (Entered: 10/24/2007)
65 NOTICE OF DEFICIENCY sent to Attorney Kathleen Toomey re 64 MOTION to Extend (other) Consent Decree (jm) (Entered: 10/25/2007)
66 [FILED IN ERROR] MOTION to Extend (other) Consent Decree by United States of America. (Attachments: # 1 Appendix A)(Toomey, Kathleen) Modified on 10/29/2007 (dmw) (Entered: 10/29/2007)
67 [DUPLICATE − FILED IN ERROR] MOTION to Extend (other) Consent Decree by United States of America. (Attachments: # 1 Memorandum in Support# 2 Appendix A# 3 Certificate of Service)(Toomey, Kathleen) Modified on 10/29/2007 (dmw) (Entered: 10/29/2007)
68 Defendant's RESPONSE to Plaintiff United States' Motion to Extend Consent Decree re 67 MOTION to Extend (other) Consent Decree filed by Gallup, City of. (Isaacson, Thomas) (Entered: 11/07/2007)
69 ORDER by Judge W. Daniel Schneider granting 64 ORDER on Motion to Extend (mm) (Entered: 11/07/2007)
70 MOTION to Dismiss and Terminate Consent Decree by Gallup, City of. (Isaacson, Lynn) (Entered: 07/06/2009)
71 CERTIFICATE OF SERVICE by Gallup, City of Certificate of Mailing (Isaacson, Lynn) (Entered: 07/08/2009)
72 RESPONSE to Motion re 70 MOTION to Dismiss and Terminate Consent Decree filed by United States of America. (Toomey, Kathleen) (Entered: 07/29/2009)
73 ORDER by Magistrate Judge W. Daniel Schneider granting 70 Motion to Dismiss (mm) (Entered: 08/12/2009)