Alma Complaint

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION
UNITED STATES OF AMERICA, Plaintiff,
vs.
CITY OF ALMA, GEORGIA; and BACON COUNTY, GEORGIA, Defendants.
COMPLAINT
Plaintiff, 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, 42 U.S.C. § 2000e, et seq., as amended.
2. The Court has jurisdiction of this action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.
3. Defendant City of Alma, Georgia ("Alma"), is a body politic and a political subdivision of the State of Georgia, established pursuant to the laws of the State of Georgia.
4. Defendant Alma is a person within the meaning of 42 U.S.C. § 2000e(a) and an employer within the meaning of 42 U.S.C. § 2000e(b).
5. Defendant Bacon County, Georgia ("Bacon"), is a body politic and a political subdivision of the State of Georgia, established pursuant to the laws of the State of Georgia.
6. Defendant Bacon is a person within the meaning of 42 U.S.C. § 2000e(a) and an employer within the meaning of 42 U.S.C. § 2000e(b).
7. Defendants Alma and Bacon jointly operate an entity known as the Alma-Bacon County Fire and Emergency Medical Service ("Alma-Bacon County Fire and EMS").
8. The entity known as the Alma-Bacon County Fire and EMS provides firefighting and emergency medical services throughout the City of Alma and Bacon County, Georgia.
9. Persons employed in the entity known as the Alma-Bacon County Fire and EMS, including persons employed as full-time Firefighter/Emergency Medical Technicians and Firefighter/ Paramedics, are hired pursuant to the Personnel Policy of Defendant Alma, are paid by Defendant Alma, come under Defendant Alma's retirement plan, and are subject to the personnel policies of Defendant Alma.
10. By agreement, a substantial portion of the personnel costs for persons employed in the entity known as Alma-Bacon County Fire and EMS are reimbursed by Defendant Bacon to Defendant Alma.
11. Defendants, through the entity known as the Alma-Bacon County Fire and EMS, have discriminated against Pamela F. Starling, the charging party before the EEOC in Charge Number 115960501, and

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similarly-situated females on the basis of their sex, 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:
a. Failing or refusing to hire or to consider them for hire into full-time Firefighter/Emergency Medical Technician and/or Firefighter/Paramedic positions; and
b. Failing or refusing to take appropriate action to correct the effects of these discriminatory policies and practices.
12. The Equal Employment Opportunity Commission ("EEOC") received a timely charge of discrimination filed by Pamela F. Starling on or about July 26, 1996 (Charge Number 115960501), in which she alleged that she repeatedly had applied to the entity known as the Alma-Bacon County Fire and EMS for a full-time position as an Emergency Medical Technician ("EMT") since 1993 but that she had been denied hire on the basis of her sex, female. In her charge, Ms. Starling also alleged that the entity known as the Alma-Bacon County Fire and EMS discriminated in hiring against females as a class.
13. In accordance with Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, the EEOC investigated Charge Number 115960501 filed by Pamela F. Starling, found reasonable cause to believe that Ms. Starling's allegations of discrimination on the basis of sex were true, attempted unsuccessfully to conciliate the matter, and thereafter referred the charge to the United States Department of Justice.
14. All conditions precedent to filing suit have been performed or have occurred.
WHEREFORE, Plaintiff prays for an order enjoining Defendants Alma and Bacon and Defendants' directors, officers, agents, employees, successors, and all persons in active concert or participation with Defendants, as appropriate, from failing or refusing to (i) provide sufficient remedial relief to make whole Pamela F. Starling and all other similarly-situated females who have suffered loss as a result of the discriminatory policies and practices alleged in this complaint, and (ii) take other appropriate nondiscriminatory measures to overcome the effects of the discrimination.
Plaintiff prays for such additional relief as justice may require and its costs and disbursements in this action.
JANET RENO ATTORNEY GENERAL
By: BILL LANN LEE ACTING ASSISTANT ATTORNEY GENERAL __________________________________
WILLIAM B. FENTON D.C. Bar Registration No. 414990
AARON D. SCHUHAM (lead counsel) D.C. Bar Registration No. 461285 CHARLOTTE BURROWS Member, N.Y. Bar (no number issued)

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Alma Complaint
Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, D.C. 20035-5968 (202) 514-3878
HARRY D. DIXON, JR. UNITED STATES ATTORNEY SOUTHERN DISTRICT OF GEORGIA

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 Alma Bacon Decree

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION
UNITED STATES OF AMERICA, Plaintiff,
PAMELA F. STARLING, GAIL R. BERRY, JACKIE EMBRY, and JANICE WATERS,
Plaintiff-Intervenors, Civil Action No. CV599-68
CITY OF ALMA, GEORGIA; and BACON COUNTY, GEORGIA, Defendants.
CONSENT DECREE
This action was brought on behalf of the United States of America ("United States") against the City of Alma, Georgia and Bacon County, Georgia ("Defendants") to enforce the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended ("Title VII"), following receipt by the Department of Justice from the Equal Employment Opportunity Commission ("EEOC") of a charge of discrimination filed by Pamela F. Starling (Charge Number 115-96-0501). This Court has jurisdiction over this action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.
In its complaint, the United States alleges that Defendants, through the Alma-Bacon County Fire and Emergency Medical Service ("Alma-Bacon County Fire and EMS"), an entity operated for the citizens of the City of Alma and Bacon County, have discriminated against Pamela F. Starling and similarlysituated women on the basis of their sex in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2 (a), by, inter alia:
a. Failing or refusing to hire these women or to consider them for hire into full-time Firefighter/Emergency Medical Technician and/or Firefighter/Paramedic positions; and
b. Failing or refusing to take appropriate action to correct the effects of these discriminatory policies and practices.
Their motion for intervention having been granted by the Court, in their Complaints in Intervention, plaintiff-intervenors allege similar claims of discrimination to those alleged by the United States.
The Defendants specifically deny the United States' allegations and the allegations of plaintiffintervenors, and further deny that they engage in or have engaged in any unlawful discrimination in employment in violation of Title VII. The Defendants assert that they have been and remain committed to a policy of equal employment opportunity and voluntarily enter into this Decree.
The parties have resolved amicably all issues raised in the complaints of the United States and the plaintiff-intervenors. Accordingly, desiring that this action be settled by an appropriate consent decree and without the burden of protracted litigation, the parties agree to this Court's jurisdiction over them and the subject matter of this action. Furthermore, the parties hereby waive, for the purposes of this Decree, hearings and findings of fact and conclusions of law. This Decree resolves all issues raised in the complaints of the United States and of the plaintiff-intervenors, and the parties accept this Decree as

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final and binding among themselves as to the issues resolved herein.
It is therefore ORDERED, ADJUDGED AND DECREED as follows:
I. DEFINITIONS
1. As used herein, the term "Alma-Bacon County Fire and EMS" shall refer to the entity which currently provides firefighting and emergency medical services to the citizens of Bacon County and the City of Alma, Georgia, as well as any and all future entities, departments, and/or subdivisions of either or both Defendants, operated by either Defendant or by both Defendants, for the purpose of providing firefighting and/or emergency medical services.
2. As used herein, the terms "Firefighter/Emergency Medical Technician" and "Firefighter/Paramedic" shall refer to the full-time job positions in the Alma-Bacon County Fire and EMS as they currently exist, as well as any and all future full-time job positions with either or both Defendants in which employees serve in any capacity as firefighters, emergency medical technicians, and/or paramedics.
II. GENERAL INJUNCTIVE PROVISIONS
3. The Defendants and their officials, agents, employees and successors will not engage in any act or practice that has the purpose or effect of unlawfully discriminating on the basis of sex against any individual employed, seeking employment, or seeking information about employment as a Firefighter/Emergency Medical Technician and/or Firefighter/Paramedic.
4. The Defendants and their officials, agents, employees and successors will not retaliate against or in any respect adversely affect any person because that person has opposed the policies and practices which have been alleged to be discriminatory in the complaints of the United States or of the plaintiffintervenors, or because that person has filed a charge, given testimony, or assisted or participated in any way in any investigation, proceeding or hearing under Title VII leading to this action or to this Decree, or to its implementation.
III. SPECIFIC INJUNCTIVE RELIEF
5. By virtue of a contract now existing between Bacon County, Georgia and the City of Alma, Georgia, the City of Alma is responsible for the day-to-day operations of the Alma-Bacon County Fire and EMS. As long as this arrangement remains in place, whether contractual or otherwise, the Defendants agree that the City of Alma shall be responsible for assuring compliance with all aspects of the specific injunctive relief provided under Section III of this Decree, as well as the record-keeping requirements under Section IV of this Decree. To the extent there is a cancellation or revocation of these contractual obligations which results in Bacon County assuming operations responsibility for any of the services now provided by the Alma-Bacon County Fire and EMS, it is specifically agreed that the injunctive provisions contained within this Decree shall remain intact and with full force and effect with respect to any future entity and/or job position as defined in Section I, paragraphs 1 and 2, of this Decree.
6. The Defendants agree to adopt, implement, and maintain standardized application and hiring processes for Firefighter/Emergency Medical Technician and Firefighter/Paramedic positions in the Alma-Bacon County Fire and EMS. Such processes shall include an application-based hiring process under which:
a. Defendants shall set an application deadline for any vacancy in a Firefighter/Emergency Medical

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Technician or Firefighter/Paramedic position that provides for at least three (3) weeks for submission of applications for the positions;
b. Defendants shall designate a single location for the acceptance of such applications; and
c. Defendants shall ensure that all applications for Firefighter/Emergency Medical Technician and Firefighter/Paramedic positions are appropriately maintained, shall take affirmative steps to ensure that applications are not lost or destroyed, and shall ensure that all applications are reviewed, considered, and evaluated by the appropriate hiring decision maker(s) before any proposed hiring decision is made.
7. The Defendants agree to adopt, implement and maintain a program designed to recruit qualified female applicants for Firefighter/Emergency Medical Technician and Firefighter/ Paramedic positions in the Alma-Bacon County Fire and EMS. Compliance with the recruitment obligations created by this Decree shall be judged by the Defendants' good faith implementation and administration of the recruitment program described in paragraphs 8-11, infra.
8. The Defendants agree to advertise all vacancies for the positions of Firefighter/Emergency Medical Technician and Firefighter/Paramedic in The Alma Times-Statesman, The Waycross Journal-Herald, The Florida Times Union (South Georgia Edition), and The Brunswick Times, in the employment section of such newspapers (if such sections exist), but not in the legal notices section of such papers, at least three (3) times during the two (2) week period immediately preceding any application deadline (including at least one (1) advertisement in a weekend edition of such newspapers, if such editions exist), unless the newspaper is a weekly publication, in which case Defendants shall advertise all vacancies at least two (2) times during the two (2) week period immediately preceding any application deadline.
9. The Defendants shall post announcements of all Firefighter/Emergency Medical Technician and Firefighter/Paramedic vacancies in a conspicuous location in the Alma City Hall and the Bacon County Building. Such announcements will be posted at least two (2) weeks prior to any application deadline for any vacancy in a Firefighter/Emergency Medical Technician or Firefighter/Paramedic position.
10. At least three (3) weeks prior to the application deadline for any vacancy in a Firefighter/Emergency Medical Technician or Firefighter/Paramedic position, the Defendants shall send and/or distribute job vacancy announcements (including application forms) for the positions to the following recruitment sources:
a. all community and technical colleges providing emergency medical technician or paramedic training in Bacon, Coffee, Ware, Pierce, Appling, and Jeff Davis Counties; and
b. all Georgia Department of Labor unemployment offices in the counties identified in subsection (a), supra.
11. Each job advertisement and announcement for a Firefighter/Emergency Medical Technician or Firefighter/Paramedic position shall:
a. emphasize that the Defendants are equal opportunity employers (not to be abbreviated as "EOE" or "EEO") and are specifically seeking to recruit qualified men and women for Firefighter/Emergency Medical Technician and Firefighter/Paramedic positions;
b. summarize the minimum qualifications required for the Firefighter/Emergency Medical Technician

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and/or Firefighter/Paramedic position for which applicants are sought;
c. specify the application procedures;
d. specify the starting salaries or salary ranges;
e. state where the job is located;
f. specify the application deadline for the position;
g. state the name, address and telephone number of the office to which inquiries and requests for applications may be made and where applications are to be submitted; and
h. state how long applications will remain on file and how an application may be updated. 12. Defendants shall bear all advertising and other costs associated with the recruitment program described above in paragraphs 8-11 of this Decree.
IV. RECORD-KEEPING AND REPORTING PROVISIONS
13. Throughout the term of this Decree, the Defendants shall maintain all records related to the filling of vacancies for Firefighter/Emergency Medical Technician and Firefighter/Paramedic positions, including, but not limited to: all vacancy announcements and advertisements; applications; interview questions and notes; records relating to any applicant's references; the names and sex, if known, of all persons who contact the office referenced in subparagraph 11(g), supra, either in person, by mail, or by telephone, regarding job opportunities as Firefighter/Emergency Medical Technicians or Firefighter/Paramedics; and all other documents obtained and/or used to select Firefighter/Emergency Medical Technicians and Firefighter/Paramedics. The Defendants shall make these records and information available for inspection and/or production upon written request of the United States.
14. For purposes of this Decree, reporting periods shall run from January 1 through June 30 and July 1 through December 31 of each year, the first of which ends on December 31, 1999. Within 30 days after the close of each reporting period, the Defendants shall provide to the United States a compliance report with the following information:
a. the names and sex of all persons who applied and/or were selected for Firefighter/Emergency Medical Technician and Firefighter/Paramedic positions during the most recent reporting period, along with the dates of application and/or selection;
b. the names and sex, if known, of all persons who contacted the office referenced in subparagraph 11 (g), supra, either in person, by mail, or by telephone, regarding job opportunities as Firefighter/Emergency Medical Technicians or Firefighter/Paramedics during the most recent reporting period, along with the dates of such contacts;
c. (1) the names, positions, ranks, sex, dates of hire, and dates of appointment to their current positions for all persons holding Firefighter/Emergency Medical Technician and Firefighter/Paramedic positions in the Alma-Bacon County Fire and EMS at the end of the most recent reporting period, as well as a statement as to whether there are any vacancies for such positions at the time of the report and whether vacancies and/or additional hiring are expected within the next reporting period;
(2) If any employee in the Alma-Bacon County Fire and EMS has more than one date of hire because he

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or she temporarily left employment in the Alma-Bacon County Fire and EMS and then returned, each date of hire for that employee should be included in the list described in subparagraph 14(c)(1), supra;
d. a statement regarding the status of the July 1999 "Emergency Medical Services, Fire Protection and Civil Defense Agreement" ("Agreement") between the City of Alma and Bacon County, or any succeeding agreement, including:
(1) whether the Agreement is in effect at the time of the report;
(2) whether a notice of intent to cancel the Agreement has been sent to Bacon County by the City of Alma or vice-versa within the reporting period, and, if so, whether mediation, negotiation, or arbitration is scheduled or has occurred between the City of Alma and Bacon County regarding the Agreement and the results of such mediation, negotiation, or arbitration; and
(3) whether either Defendant has notified the other of a decision to terminate the Agreement.
15. During the term of this Decree, before extending any offer of employment to any applicant for any full-time Firefighter/Emergency Medical Technician or Firefighter/Paramedic position, the Defendants shall provide the following information to the United States, by telefax or overnight express mail:
a. the qualifications of the applicant who was selected to fill the vacancy;
b. copies of all applications on file when the decision to hire the applicant was made;
c. the names of all applicants interviewed;
d. if no interviews were conducted, the reasons why interviews were deemed unnecessary;
e. all notes, recordings, interview questions or other materials relating to interviews for the Firefighter/Paramedic or Firefighter/Emergency Medical Technician position;
f. the identities, addresses, and telephone numbers of any references contacted during the application or hiring process, and, for each reference contacted, the date of the contact, the identity of the contacting official, the name of the prospective employee whose reference was contacted, a brief summary of the information received from such reference, and all notes, recordings, or other materials relating to such reference contacts;
g. a detailed explanation as to why the applicant has been proposed for hire rather than each of the other applicants for the position;
h. a list of all individuals involved in the hiring process and a detailed description of their roles in the hiring process;
i. a detailed explanation of each step taken by Defendants in the application and hiring process that led to the selection of the proposed applicant; and
j. copies of all advertisements and announcements and other documentation reflecting Defendants' prehiring recruitment pursuant to paragraphs 8-11 of this Decree.

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Alma Bacon Decree

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16. Following receipt of information described in paragraph 15, supra, the United States shall have seven (7) days to inform the Defendants, by telefax or overnight express mail, of any objections to the proposed hire of the selected applicant, during which time the Defendants shall not extend an offer of full-time employment as a Firefighter/Paramedic or Firefighter/Emergency Medical Technician to any individual. If the United States objects to a proposed hire, the parties shall meet and confer within seven (7) days after the objection(s) are received by the Defendants in order to resolve the objection(s). The Defendants shall not extend an offer of full-time employment as a Firefighter/Paramedic or Firefighter/Emergency Medical Technician to any individual before the parties have met and conferred. If the parties cannot resolve the objection(s), the issue shall be submitted to the Court in accordance with paragraph 24, infra. If such issue is submitted to the Court for resolution, Defendants shall not extend an offer of full-time employment as a Firefighter/Paramedic or Firefighter/Emergency Medical Technician to any individual before the Court has resolved such issue.
17. Twelve (12) months from the date of entry of this Decree, and annually thereafter during the term of this Decree, the parties shall confer to review the Defendants' progress in complying with the terms of this Decree.
18. If at any time during the term of this Decree Defendant City of Alma and/or Defendant Bacon County issues notice of intent to cancel, modify or terminate the Defendants' Agreement, the Defendants agree to inform the United States in writing of such notice within seven (7) days of issuance of such notice. The parties to this Decree agree promptly to meet and confer in the event of such an occurrence to ensure proper operation of the terms of this Decree. If the parties are unable to reach an agreement regarding the operation of this Decree in the event of a modification or cancellation of Defendants' Agreement, the issue shall be submitted to the Court in accordance with paragraph 24, infra.
V. PROVISIONS RELATING TO INDIVIDUAL RELIEF
Without admitting the contentions of the United States and of the plaintiff-intervenors as set forth in their Complaints, in settlement of the claims of the United States for relief on behalf of Pamela F. Starling, Gail R. Berry, Jackie Embry, Rebecca L. Tyler, Janice E. Waters, and LaDonna Lorraine Spikes; and in settlement of the individual claims of Pamela F. Starling, Gail R. Berry, Jackie Embry, and Janice E. Waters; the Defendants agree to do the following:
A. INDIVIDUAL RELIEF FOR PAMELA F. STARLING, GAIL R. BERRY, JACKIE EMBRY, AND JANICE WATERS
19. Within seven (7) days after entry of this Decree, the Defendants shall provide notice to Pamela F. Starling, Gail R. Berry, Jackie Embry, and Janice Waters, in care of their attorney, Michael P. Boggs, of the monetary relief being offered to them in the amounts set forth in Exhibit A hereto, which totals $130,000.00 for these four individuals. Such notices shall be substantially in the form set forth in Exhibit B hereto, and copies of such notices shall be delivered to the United States. Subsequently, the Defendants shall pay Pamela F. Starling, Gail R. Berry, Jackie Embry, and Janice Waters, in care of their attorney, Michael P. Boggs, the amounts set forth in Exhibit B hereto upon receipt of an executed Release of All Claims ("Release"), which shall be substantially in the form set forth in Exhibit C hereto, from each such individual. The Release shall be delivered to each such individual in care of their attorney, Michael P. Boggs, within seven (7) days of the entry of this Decree and each such individual shall have fourteen (14) days, absent good cause shown, within which to execute the Release. The Defendants shall pay the monetary awards set forth in Exhibit A hereto to the individuals to which this provision applies, in care of their attorney, Michael P. Boggs, within seven (7) days of receipt of that individual's executed Release.

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B. INDIVIDUAL RELIEF FOR REBECCA L. TYLER AND LADONNA LORRAINE SPIKES
20. Within seven (7) days after entry of this Decree, the Defendants shall provide notice to Rebecca L. Tyler and LaDonna Lorraine Spikes of the monetary relief being offered to them in the amounts set forth in Exhibit A hereto, which totals
$50,000.00 for these two individuals. Such notices shall be substantially in the form set forth in Exhibit D hereto, and copies of such notices shall be delivered to the United States. Subsequently, the Defendants shall pay Rebecca L. Tyler and LaDonna Lorraine Spikes the amounts set forth in Exhibit A hereto upon receipt of an executed Release from each such individual. The Release shall be delivered to each such individual within seven (7) days of the entry of this Decree and each such individual shall have fourteen (14) days, absent good cause shown, within which to execute the Release. The Defendants shall pay the monetary awards set forth in Exhibit A hereto to the individuals to which this provision applies within seven (7) days of receipt of that individual's executed Release.
C. GENERAL PROVISIONS APPLICABLE TO INDIVIDUAL RELIEF
21. The Defendants shall provide the United States with a copy of any and all executed Releases within fourteen (14) days after receipt of them. The Defendants also shall provide the United States with a copy of any and all checks issued in payment of the monetary awards provided for by this Decree within fourteen (14) days after such checks are issued.
22. Pamela F. Starling, Gail R. Berry, Jackie Embry, Janice E. Waters, Rebecca Tyler, and LaDonna Lorraine Spikes have informed the United States that they do not presently desire employment in the Alma-Bacon County Fire and EMS. Accordingly, the Defendants are not required to offer Pamela F. Starling, Gail R. Berry, Jackie Embry, Janice E. Waters, Rebecca Tyler, or LaDonna Lorraine Spikes job opportunity relief as part of the offers of settlement under this Decree. However, if in the future any of these individuals seek employment as Firefighter/Paramedics or Firefighter/Emergency Medical Technicians in the Alma-Bacon County Fire and EMS, the Defendants will consider their applications in a fair and nondiscriminatory manner, and without regard to the monetary relief offered to them or accepted by them pursuant to the terms of this Decree.
VI. DISPUTES
23. Insofar as any of the provisions of this Decree or any actions taken pursuant to such provisions may be inconsistent with any state law or regulation, the provisions of this Decree shall prevail in accordance with the supremacy of federal law under the United States Constitution.
24. The parties shall attempt in good faith to resolve informally any disputes that may occur under this Decree. If the parties are unable to reach agreement after a matter has been brought to the attention of one of the parties by another party, the issue may be submitted to the Court for resolution.
VII. DELIVERY
25. All documents required to be delivered under this Decree to the United States shall be sent to the attention of: Aaron D. Schuham, Esq. Charlotte Burrows, Esq. Janie Allison Sitton, Esq.

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U.S. Department of Justice Civil Rights Division Employment Litigation Section 601 D Street NW, Room 4500 Washington, D.C. 20004
26. All documents required to be delivered under this Decree to the plaintiff-intervenors shall be sent to the attention of: Michael P. Boggs, Esq. 214 Screven Avenue Waycross, Georgia 31501
27. All documents required to be delivered under this Decree to the Defendant City of Alma, Georgia, shall be sent to the attention of: Jimmy J. Boatright, Esq. 1808 Seminole Trail Waycross, Georgia 31501
28. All documents required to be delivered under this Decree to the Defendant Bacon County, Georgia, shall be sent to the attention of: George Hoyt, Esq. 412 West Fifteenth Street Alma, Georgia 31510
VIII. RETENTION OF JURISDICTION
29. The Clerk's Office is hereby DIRECTED to Close this case. However, the Court shall retain jurisdiction over this action for the purpose of resolving disputes or entering any orders or judgments that may be necessary to implement the relief provided herein. Five (5) years after the date of entry of this Decree by the Court, this matter shall be dismissed unless the United States moves, for good cause shown, for its continuation. If such a motion is filed by the United States before the Decree expires, the Decree shall remain in effect while the motion is pending before the Court.
ENTERED this day of , 1999.
WILLIAM T. MOORE, JR. UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA
AGREED TO: For the Plaintiff, United States of America: BILL LANN LEE Acting Assistant Attorney General Civil Rights Division
_________________________________ WILLIAM B. FENTON D.C. Bar No. 414990

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AARON D. SCHUHAM D.C. Bar No. 461285 CHARLOTTE BURROWS Member, N.Y. Bar (No Number Issued) JANIE ALLISON SITTON D.C. Bar No. 453655 U.S. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, D.C. 20035-5968 (202) 514-3878 For the Plaintiff-Intervenors:
______________________________ MICHAEL P. BOGGS Georgia Bar No. 065470 214 Screven Avenue Post Office Box 559 Waycross, Georgia 31501 (912) 338-0350
AGREED TO: For the Defendant, City of Alma, Georgia:
________________________________ For the Defendant, Bacon County, Georgia:
___________________________

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 ORIGINAL

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IN THE UNITED STATES DISTRICT cou~~·DIST.COU~T

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Civil Action No. CV-599-68-WTM

Defendants.

ANSWER OF DEFENDANT CITY OF ALMA COMES NOW, Defendant City of Alma, Georgia, in the abovestyled action and, pursuant to Rule 12 of the Federal Rules of Civil Procedure, files its Answer to Plaintiff's Complaint.
First Defense
Plaintiff's Complaint fails to state a claim upon which relief can be granted.
Second Defense Plaintiff's claims are barred, in whole or in part, by the doctrine(s) of laches, unclean hands, estoppel, avoidable consequences and/or after-acquired evidence.
Third Defense
Any action taken by Defendant City of Alma regarding any female who applied for or inquired about a position with the AlmaBacon County Fire and Emergency Medical Services was for legitimate, nondiscriminatory reasons and, as such, did not violate any legal right possessed by any female. In the alternative, even if a female's sex played a motivating part in

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any employment decision and/or action at issue here, Defendant City of Alma would have made the same decision and/or taken the same action for legitimate, non-discriminatory reasons.
Fourth Defense Defendant City of Alma has neither intentionally nor willfully violated Plaintiff's rights in any manner or acted maliciously or negligently with respect to any female who applied for or inquired about employment with the Alma-Bacon County Fire and Emergency Medical Services, and at no time has Defendant City of Alma acted with any intent to injure any female who applied for or inquired about employment with the Alma-Bacon County Fire and Emergency Medical Services. Defendant City of Alma has not acted with malice or reckless indifference in any respect to any female who applied for or inquired about employment with the Alma-Bacon County Fire and Emergency Medical Services.
Fifth Defense Any damages that any female who applied for or inquired about employment with the Alma-Bacon County Fire and Emergency Medical Services were the direct and proximate result of their own actions or inaction.
Sixth Defense Plaintiff's claims are barred to the extent that it failed to file this civil action within the applicable limitations period or to the extent it failed to satisfy all conditions precedent or statutory prerequisites required under Title VII of the Civil
-2-

Rights Act of 1964, 42 U.S.C. §2000e et seq., or other applicable law. Furthermore, Plaintiff's claims are barred to the extent that they were not the subject of the EEOC charge of discrimination or are otherwise outside the scope of the EEOC charge of discrimination.
Seventh Defense

Any damages that any female who applied for or inquired about employment with the Alma-Bacon County Fire and Emergency Medical Services suffered resulted from the acts or omissions of others for whom Defendant City of Alma is not liable.
Eighth Defense

The females who applied for or inquired about employment with the Alma-Bacon County Fire and Emergency Medical Services have failed to mitigate their alleged damages.
Ninth Defense

Plaintiff is not entitled to the relief requested. Tenth Defense

As to the allegations contained in the individually-numbered

paragraphs of the Complaint, Defendant City of Alma states as

follows:

1.

Answering paragraph 1 of the Complaint, Defendant City of

Alma admits that Plaintiff purports to bring this action allegedly

to enforce the provisions of Title VII of the Civil Rights Act of

1964, 42 U.S.C. § 2000e ~ g§g., as amended.

Except as

-3-

specifically admitted herein, Defendant City of Alma denies paragraph 1 of the Complaint.
2 . Defendant City of Alma admits the allegations contained in paragraph 2 of the Complaint.
3 .
Defendant City of Alma admits the allegations contained in paragraph 3 of the Complaint.
4. Defendant City of Alma admits the allegations contained in paragraph 4 of the Complaint.
5. Answering paragraph 5 of the Complaint, Defendant City of Alma admits that Bacon County, Georgia, is a body politic and a political subdivision of the State of Georgia. Answering further, Defendant City of Alma is without sufficient knowledge or information at this time to form a belief as to the truth of the remaining allegations contained in paragraph 3 of the Complaint and, therefore, denies the same.
6 . Answering paragraph 6 of the Complaint, Defendant City of Alma is without sufficient knowledge or information at this time to form a belief as to the truth of the allegations contained in paragraph 6 of the Complaint and, therefore, denies the same.
7 . Defendant City of Alma admits the allegations contained in
-4-

I'
paragraph 7 of the Complaint.
8 .
Defendant City of Alma admits the allegations contained in paragraph 8 of the Complaint.
9. Answering paragraph 9 of the Complaint, Defendant City of i Alma admits that persons employed by Alma-Bacon County Fire and Emergency Medical Services are covered by Defendant City of Alma's retirement plan. Answering further, Defendant City of Alma admits that its personnel policies and procedures are utilized in hiring decisions for the Alma-Bacon County Fire and Emergency Medical services and that persons employed by Alma-Bacon County Fire and Emergency Medical Services are generally subject to Defendant City of Alma's personnel policies and procedures, but denies that hiring decisions for Alma-Bacon County Fire and Emergency Medical
..

10. Defendant City of Alma admits the allegations contained in paragraph 10 of the Complaint.
11.
Defendant City of Alma denies the allegations contained in paragraph 11 of the Complaint.
12. Answering paragraph 12 the Complaint, Defendant City of Alma admits that Pamela F. Starling filed charge of discrimination number 115960501 against Alma-Bacon County Fire and Emergency Medical Services with the federal Equal Employment opportunity commission ("EEOC") alleging sex discrimination and that the
•

City of Alma also admits that the United States Department of Justice became involved in the matter when the matter was not resolved through conciliation. Answering further, Defendant City of Alma is without sufficient knowledge or information at this time to form a belief as to the truth of the remaining allegations contained in paragraph 13 of the Complaint and, therefore, denies the same.
14. Defendant City of Alma denies the allegations contained in paragraph 14 of the Complaint.
15.
Defendant City of Alma denies that Plaintiff is entitled to any of the relief requested in lettered subparagraphs (i) and (ii) of the unnumbered ad damnum clause and further denies that Plaintiff is entitled to any relief whatsoever.
16.
Except as specifically admitted above, Defendant City of Alma denies any and all claims and/or allegations that are or may be raised in the Complaint.

WHEREFORE, Defendant City of Alma respectfully submits that

the Complaint be dismissed in its entirety with prejudice, and

that the Court award all appropriate relief to Defendant City of

Alma including, but not limited to, its costs and attorneys' fees.

Respectfully submitted this the

day of July, 1999.

-7-

J~ Lewis Sap Georgia Bar No. 626300 ELARBEE, THOMPSON & TRAPNELL, LLP 800 International Tower 229 Peachtree Street, N.E. Atlanta, Georgia 30303 (404) 659-6700
-8-

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

UNITED STATES OF AMERICA,

Plaintiff,
vs.
CITY OF ALMA, GEORGIA; AND BACON COUNTY, GEORGIA,

Civil Action No. CV-599-68-WTM

Defendants.

CERT~F~CATE OF SERV~CE
This is to certify that a true and correct copy of the
foregoing ANSWER OF DEFENDANT C~TY OF ALMA has been served upon
the below-named Counsel for Plaintiff and Counsel for Defendant
Bacon County by placing same in the united States mail, postage
prepaid, addressed as follows:
Aaron D. Schuham, Esq. U.s. Department of Justice Civil Rights Division Employment Litigation Section P.O. Box 65968 Washington, D.C. 20035-5968
Benton J. Mathis, Jr., Esq. Freeman, Mathis & Gary, LLP 100 Galleria parkway, 16th Floor Atlanta, Georgia 30339
Respectfully submitted, this IS: day of July, 1999.

ELARBEE, THOMPSON & TRAPNELL, LLP 800 International Tower 229 peachtree Street, N.E. Atlanta, Georgia 30303 (404) 659-6700

 
 ORIGINAL
UNITED STATES DlSTRICT COURT FOR THE SQIITl:ffiRN DISTRICT
~-~----------------------------------------------------------------------------------~

-(jNl'rED s1ArES OF AMERIcA,
Plaintiff PAMELA F. STARLING,
Plaintiff-Intervenor

Civil Action No. CV599-68 (Moore, 1.)

vs.
CITY OF ALMA, GEORGIA; and BACON COUNTY, GEORGlA,
Defendants

INTERVENOR COMPLAINT NOW COMES, Pamela F. Starling intervenor plaintiff in the above-styled action, Pursuant to this Court's Order of August 3, 1999, by and through her undersigned counsel of record and states her Complaint of Intervention as follows:
I. Intervenor Plaintiff brings this action to enforce the provisions of Title VII of the Civil Rights Act of 1964,42 U.S.c. § 2000e, et seq., as amended.
2.

3. Defendant City of Alma, Georgia ("Alma"), is a political subdivision of the State of Georgia located within the Southern District and is therefore, subject to the jurisdiction of this Court.
4.
Defendant Alma is a person within the meaning of 42 U.S.c. § 2000e(a) and an employer within the meaning of 42 U.S.c. § 2000e(b).
5. Defendant Bacon County, Georgia ("Bacon"), is a political subdivision of the State of Georgia located in the Southern District, and is therefore, subject to the jurisdiction of this Court.
6. Defendant Bacon is a person within the meaning of 42 U.S.c. § 2000e(a) and an
employer within the meaning of 42 u.s.c. § 2000e(b).
7. Defendants Alma and Bacon jointly operate an entity known as the Alma-Bacon County Fire and Emergency Medical Service ("Alma-Bacon County Fire and EMS").
8. The entity known as the Alma-Bacon County Fire and EMS provides firefighting and emergency medical services throughout the City of Alma and Bacon County, Geoq,ria.

9. Persons employed in the entity known as the Alma-Bacon County Fire and EMS, including persons employed as full-time Firefighter/Emergency Medical Technicians and FirefighterlParamedics, are hired pursuant to the Personnel Policy of Defendant Alma, are paid by Defendant Alma, come under Defendant Alma's retirement plan, and are subject to the personnel policies of Defendant Alma.
10. The Personnel Policies of the City of Alma, Georgia (Effective February 1, 1988; Revised April 1, 1995) provide as a heading to Section 5.11 that the general policy of the defendants with respect to applications for employment is that the process was to be one of "Open Continuous Applications".
11. The Personnel Policies of the City of Alma, Georgia (Effective February 1, 1988; Revised April 1, 1995) provide within section 5.11 that "[a)s a general policy, in order not to lose competent applicants, applications will be accepted at any time whether or not a vacancy has been announced" and "[a)s a result of a single application, a candidate shall be considered for all classes of positions in which his/her principal qualifications might profitably be used".
12. The aforementioned Personnel Policy of the City of Alma, Georgia created an open and continuous application process whereby any discrimination in the hiring process would be a "continuing violation" as that term is used in Title VII cases.

13. By agreement, a portion of the personnel costs for persons employed in the entity known as Alma-Bacon County Fire and EMS are paid by defendant Bacon to Defendant Alma.
14. Defendants, through the entity known as the Alma-Bacon County Fire and EMS, have discriminated against Pamela F. Starling, on the basis of her sex, in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 US.c. §2000e-2(a), among other ways, by:
a. Failing or refusing to hire, or to periodically consider consistent with their Personnel Policy, her for hire into full-time FirefighterlEmergency Medical Technician and/or Firefighter/paramedic positions on each occasion between the time of her applications for employment and the present when positions were available; and
b. Failing or refusing to take appropriate action to correct the effects of these discriminatory policies and practices.
15. The Equal Employment Opportunity Commission ("EEOC") received a timely charge of discrimination filed by Pamela F. Starling on or about July 26, 1996 (Charge Number 115960501), in which she alleged that she repeatedly had applied to the entity known as the Alma-Bacon County Fire and EMS for a full-time position as an Emergency Medical Technician ("EMT') since 1993 but that she had been denied hire on the basis of her sex, female. In her charge, Ms. Starling also alleged that the entity known as the Alma-Bacon County Fire and EMS discriminated in hiring against females as a class.

16. Intervenor Plaintiff further alleges that in keeping with the Open Continuous Application Personnel Policy of the Defendants, she, at various times from the dates of her applications, updated her applications for employment in person and personally periodically checked back with the Defendants for the status of her ongoing application.
17. The Charge of Discrimination filed by Ms. Starling indicates in the box entitled "Continuing Action" an "X" and likewise indicates that "females as a class are being discriminated against with regards to hiring in this department."
18. The actions of the charging party, Pamela F. Starling, in timely reporting the charge of discrimination to the EEOC as a continuing violation and by alleging defendants discriminated against females as a class, satisfies all conditions precedent to filing suit with respect to this Intervenor Plaintiff.
19. The entity known as the Alma-Bacon County Fire and EMS hired three males for the positions applied for by this intervenor between 1991 and 1998. WHEREFORE, Tntervenor Plaintiff prays for an award of compensatory damages in accordance with 42 U.S.c. § 2000e-5(g)(I), such to make her whole for her suffered

losses as a result of the discriminatory policies and practices alleged in this complaint,
and (b) for such other and additional relief as this court deems appropriate.
Respectfully submitted this 10th day of August, 1999.
~'l~r: ~..,<
Michael P. Boggs Attorney for Pamela F. Starling Georgia Bar No. 065470 P.O. Box 559 Waycross, GA 31502-0559 912-338-0350
Daniell S. Landers Attorney for Pamela F. Starling Georgia Bar No. 433350 PO. 857 Waycross, GA 31502-557 912-285-0330
C. lluV1.1 ~ tJ '1~:'1 ~
C. David Joyner Attorney for Pamela F. Starling Georgia Bar No. 405528 P.O. Box 427 Blackshear, GA 31516 912-449-2646

CERTIFICATE OF SERVICE

I hereby certify that I have this day served a copy of the within and foregoing

INTERVENOR COMPLAINT upon all parties to this matter by depositing a true copy of

same in the United States Mail, proper postage prepaid, addressed to counsel of record as

tollows:

Aaron D. Schuham, Esq. Charlotte Burrows, Esq. U.S. Department of Justice Civil Rights Division Employment Litigation Section Post Office Box 65968 Washinb>ton, D.C. 20035-5968

Benton 1. Mathis, Jr., Esq. Christopher E. Parker, Esq. Freeman Mathis & Gary, LLP 100 Galleria Parkway, Suite 1600 Atlanta, Georgia 30339-5959

J. Lewis Sapp, Esq. Sharon P. Morgan, Esq. Scott E. Atwood, Esq. Elarbee Thompson & Trapnell, LLP 800 International Tower 229 Peachtree Street, N.E. Atlanta, Georgia 30303

This 10th Day of August, 1999

~/VL, t..-.~ Po ~~,p"'J£"
Michael P. Boggs

Michael P. Boggs, P.e. P.O. Box 559 Waycross, GA 31502-559 (912) 338-0350

 
 CLOSED, FRC
U.S. District Court Southern District of Georgia (Waycross) CIVIL DOCKET FOR CASE #: 5:99-cv-00068-WTM

United States v. City of Alma Georgia, et al Assigned to: Chief Judge William T. Moore Demand: $0 Case in other court: Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 06/15/1999 Date Terminated: 11/18/1999 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Aaron D. Schuham U.S. Dept of Justice - Civil Rights Division P.O. Box 65968 Washington, DC 20035-5968 202/514-1409 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charlotte Burrows U.S. Dept of Justice - Civil Rights Division P.O. Box 65968 Washington, DC 20035-5968 202/514-1409 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Pamela F. Starling

represented by C. David Joyner C. David Joyner, PC 1400 Buford Hwy. Suite J-1 Buford, GA 30518 770/614-6415 Fax: 770/614-7678(fax) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Gail R. Berry
Intervenor Plaintiff Jackie Embry
Intervenor Plaintiff Janice Waters
V. Defendant

Daniell Stokes Landers Hall & Landers, LLC P.O. Box 1898 301 Gibson Rd. Lexington, SC 29071 803/957-5333 Fax: 803/957-7717(fax) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael P. Boggs Michael P. Boggs, PC P.O. Box 559 Waycross, GA 31501 912/338-0350 Fax: 912/338-0720(fax) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael P. Boggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael P. Boggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael P. Boggs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

City of Alma Georgia
Defendant Bacon County, Georgia

represented by J. Lewis Sapp Elarbee, Thompson, Sapp & Wilson, LLP 800 International Tower 229 Peachtree St., NE Atlanta, GA 30303 404/659-6700 Fax: 404/222-9718 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott E. Atwood Elarbee, Thompson, Sapp & Wilson, LLP 800 International Tower 800 International Tower 229 Peachtree St., NE Atlanta, GA 30303 404/659-6700 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sharon Parker Morgan Elarbee, Thompson, Sapp & Wilson, LLP 800 International Tower 229 Peachtree St., NE Atlanta, GA 30303 404/659-6700 Fax: 404/222-9718(fax) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Walter O. Lambeth, Jr. Elarbee, Thompson, Sapp & Wilson, LLP 800 International Tower 229 Peachtree St., NE Atlanta, GA 30303 404/659-6700 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Benton J. Mathis, Jr.

Intervenor Defendant City of Alma Georgia

Freeman, Mathis & Gary, LLP 16th Fl. 100 Galleria Pkwy. Suite 1600 Atlanta, GA 30339-5948 770/818-0000 Fax: 770/937-9960(fax) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher E. Parker Freeman, Mathis & Gary, LLP 16th Fl. 100 Galleria Pkwy. Suite 1600 Atlanta, GA 30339-5948 770/818-0000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
George L. Hoyt, Jr. 418 W.15th St. Alma, Ga 31510 912/632-5959 Fax: 912/632-5660 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Buechner, Jr. Freeman, Mathis & Gary, LLP 16th Fl. 100 Galleria Pkwy. Suite 1600 Atlanta, GA 30339-5948 770/818-0000 Fax: 770/937-9960(fax) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by J. Lewis Sapp (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Defendant Bacon County, Georgia

Scott E. Atwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sharon Parker Morgan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Benton J. Mathis, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher E. Parker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
George L. Hoyt, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Buechner, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/15/1999 06/15/1999 06/15/1999
06/16/1999

#

Docket Text

1 COMPLAINT (fbh) (Entered: 06/16/1999)

2 ANSWER to Local Rule 26.3 Interrogatories by United States (fbh) (Entered: 06/16/1999)

SUMMONS(ES) issued for City of Alma Georgia Re: Thomas Deen , City Mananger and Roger Boatright, Mayor (fbh) (Entered: 06/16/1999)

SUMMONS(ES) issued for Bacon County Re: Russell Tanner, Chairman, Bacon County Board of Commissioners (fbh)

06/28/1999 06/28/1999 06/28/1999 06/28/1999 07/02/1999
07/15/1999 07/16/1999 07/16/1999 07/16/1999 07/19/1999 07/19/1999
07/19/1999

(Entered: 06/16/1999)
3 Litigants' Bill of Rights filed by United States (ssl) (Entered: 06/28/1999)
4 SUMMONS Returned Executed as to Bacon County 6/17/99 Answer due on 7/7/99 for Bacon County (ssl) (Entered: 06/28/1999)
5 SUMMONS Returned Executed as to City of Alma Georgia 6/18/99 Answer due on 7/8/99 for City of Alma Georgia (ssl) (Entered: 06/28/1999)
6 SUMMONS Returned Executed as to City Manager of Alma Georgia 6/17/99 Answer due on 7/7/99 for City of Alma Georgia (ssl) (Entered: 06/28/1999)
7 ORDER granting stipulation to extend time for defts to answer complaint to 7/16/99; resetting Answer deadline to 7/16/99 for Bacon County, for City of Alma Georgia ( signed by Magistrate Judge James E. Graham ); [EOD Date 7/2/99 copies served. (slt) (Entered: 07/02/1999)
8 MOTION by Pamela F. Starling, Gail R. Berry, Jackie Embry, Janice Waters to Intervene with brief in support. (jgb) (Entered: 07/15/1999)
9 ANSWER to Complaint by City of Alma Georgia (Attorney J. Lewis Sapp), (dks) (Entered: 07/16/1999)
10 MOTION by City of Alma Georgia for attorney Scott E. Atwood to Appear Pro Hac Vice. with brief in support. (dks) (Entered: 07/16/1999)
Motion(s) referred: [10-1] motion for attorney Scott E. Atwood to Appear Pro Hac Vice. referred to Magistrate Judge James E. Graham (dks) (Entered: 07/16/1999)
11 ANSWER to Complaint by Bacon County (Attorney George Ludlow Hoyt Jr.), (ssl) (Entered: 07/19/1999)
SCHEDULING NOTICE setting Summary Judgment deadline on 12/16/99 ; Joining of parties,amending of pleadings by 9/17/99 ; Motion Filing deadline on 12/6/99 ; Discovery cutoff 11/16/99 ; copies served. (ssl) (Entered: 07/20/1999)
Pro Hac Vice paid by Scott E. Atwood for defendant City of Alma Georgia Receipt # 194797 Date: 7/19/99 (jgb) (Entered: 07/22/1999)

07/22/1999 07/23/1999 07/30/1999 07/30/1999 07/30/1999 07/30/1999 07/30/1999 08/03/1999
08/04/1999 08/04/1999 08/04/1999

12 RESPONSE by Bacon County to [8-1] motion to Intervene by Janice Waters, Jackie Embry, Gail R. Berry, Pamela F. Starling (ssl) (Entered: 07/22/1999)
13 CONSENT ORDER Response to Motion set to 7/22/99 for [81] motion to Intervene ( signed by Magistrate Judge James E. Graham ); [EOD Date 7/23/99 copies served. (jsr) (Entered: 07/23/1999)
14 ORDER granting [10-1] motion for attorney Scott E. Atwood to Appear Pro Hac Vice. Attorney added to case. ( signed by Magistrate Judge James E. Graham ); [EOD Date 7/30/99 copies served. (ddc) (Entered: 07/30/1999)
15 MOTION by United States for Leave to File Memorandum and Support Affidavit regarding Motion to Intervene and County's Response with brief in support. (dks) (Entered: 07/30/1999)
16 MEMORANDUM by United States in support of [15-1] motion for Leave to File Memorandum and Support Affidavit regarding Motion to Intervene and County's Response by United States (dks) (Entered: 07/30/1999)
17 AFFIDAVIT by United States Re: [15-1] motion for Leave to File Memorandum and Support Affidavit regarding Motion to Intervene and County's Response by United States (dks) (Entered: 07/30/1999)
18 AMENDED ANSWER to Local Rule 26.3 Interrogatories by United States (dks) (Entered: 07/30/1999)
19 ORDER granting in part, denying in part [8-1] motion to Intervene, allowing Pamela Starling to intervene as a pla and directing her to file her complaint within 7 days of this Order; it further directs the the Clerk to change the style of the case once the intervening complaint is filed ( signed by Judge William T. Moore ); [EOD Date 8/3/99 copies served. (jgb) (Entered: 08/03/1999)
20 AMENDED ANSWER to Complaint by Bacon County : amends [11-1] answer by Bacon County (jgb) (Entered: 08/04/1999)
21 MOTION by Bacon County for attorney Christopher Parker to Appear Pro Hac Vice. with brief in support. (jgb) (Entered: 08/04/1999)
22 MOTION by Bacon County for attorney William Buechner, Jr. to Appear Pro Hac Vice. with brief in support. (jgb) (Entered:

08/04/1999
08/04/1999
08/06/1999 08/09/1999 08/11/1999 08/11/1999 08/16/1999 08/16/1999 08/18/1999 08/23/1999 08/23/1999 08/23/1999

08/04/1999)
Motion(s) referred: [22-1] motion for attorney William Buechner, Jr. to Appear Pro Hac Vice. referred to Magistrate Judge James E. Graham, [21-1] motion for attorney Christopher Parker to Appear Pro Hac Vice. referred (jgb) (Entered: 08/20/1999)
Motion(s) referred: [22-1] motion for attorney William Buechner, Jr. to Appear Pro Hac Vice. referred to Magistrate Judge James E. Graham, [21-1] motion for attorney Christopher Parker to Appear Pro Hac Vice. referred to Magistrate Judge James E. Graham (jgb) (Entered: 08/20/1999)
23 MOTION by United States for Leave to File mem. and supporting affidavit re motion to intervene and County's response with brief in support. (jgb) (Entered: 08/06/1999)
24 NOTICE of Attorney Appearance for United States by Aaron D. Schuham (jgb) (Entered: 08/10/1999)
25 MOTION by Gail R. Berry, Jackie Embry, Janice Waters for Reconsideration of [19-1] order with brief in support. (ssl) (Entered: 08/11/1999)
41 Intervenor's COMPLAINT by Pamela F. Starling (jgb) (Entered: 10/01/1999)
26 ANSWER to Local Rule 26.3 Interrogatories by City of Alma Georgia (ssl) (Entered: 08/16/1999)
Pro Hac Vice paid by Christopher E. Parker for defendant Bacon County, William H. Buechner Jr. for defendant Bacon County Receipt # 195100 Date: 8/16/99 (ssl) (Entered: 08/17/1999)
27 ANSWER to Local Rule 26.3 Interrogatories by Bacon County (ssl) (Entered: 08/19/1999)
28 JOINT MOTION by United States, City of Alma Georgia, Bacon County, Pamela F. Starling, Gail R. Berry, Jackie Embry, Janice Waters to Extend the Discovery Period with brief in support. (ssl) (Entered: 08/23/1999)
29 ORDER granting [22-1] motion for attorney William Buechner, Jr. to Appear Pro Hac Vice. ( signed by Magistrate Judge James E. Graham ); [EOD Date 8/23/99 copies served. (slt) (Entered: 08/23/1999)
30 ORDER granting [21-1] motion for attorney Christopher Parker

08/26/1999
08/26/1999 08/30/1999 08/31/1999 09/02/1999 09/07/1999
09/13/1999 09/20/1999 09/20/1999 09/30/1999

to Appear Pro Hac Vice. (signed by Magistrate Judge James E. Graham ); [EOD Date 8/23/99 copies served. (slt) (Entered: 08/23/1999)
31 ORDER granting [28-1] motion to Extend the Discovery Period reset Discovery deadline to 12/16/99 with motion filing deadlines to be likewise extended. ( signed by Magistrate Judge James E. Graham ); [EOD Date 8/26/99 copies served. (ddc) (Entered: 08/26/1999)
SCHEDULING NOTICE setting Summary Judgment deadline on 1/15/00 ; Motion Filing deadline on 1/5/00 ; Discovery cutoff 12/16/99 ; copies served. (ddc) (Entered: 08/26/1999)
32 MEMORANDUM by Bacon County in opposition to [25-1] motion for Reconsideration of [19-1] order by Janice Waters, Jackie Embry, Gail R. Berry (ssl) (Entered: 08/30/1999)
33 ANSWER to Plaintiff'-Intervenor Pamela F. Starling's Complaint by City of Alma Georgia (Attorney ), (ssl) (Entered: 08/31/1999)
34 ANSWER to Intervenor Complaint of Pamela F. Starling by Bacon County (Attorney ), (ssl) (Entered: 09/02/1999)
35 ORDER granting [25-1] motion for Reconsideration of [19-1] order, granting [23-1] motion for Leave to File mem. and supporting affidavit re motion to intervene and County's response, mooting [15-1] motion for Leave to File Memorandum and Support Affidavit regarding Motion to Intervene and County's Response, vacating [19-1] order with respect to Berry, Embry and Waters ( signed by Judge William T. Moore ); [EOD Date 9/7/99 copies served. (jgb) (Entered: 09/07/1999)
36 Intervenor's COMPLAINT by Gail R. Berry, Jackie Embry and janice Waters against City of Alma Georgia, Bacon County (jgb) Modified on 10/01/1999 (Entered: 09/17/1999)
37 ANSWER to Local Rule 26.3 Interrogatories by Pamela F. Starling, Gail R. Berry, Jackie Embry, Janice Waters (slt) (Entered: 09/20/1999)
38 Second Amended ANSWER to Local Rule 26.3 Interrogatories by United States (ssl) (Entered: 09/20/1999)
Pro Hac Vice paid by Walter O. Lambeth Jr. for defendant City of Alma Georgia Receipt #195451 Date: 9/29/99 (dks) (Entered: 09/30/1999)

10/01/1999 10/01/1999 10/01/1999 10/01/1999 10/04/1999
10/04/1999
10/15/1999
11/08/1999 11/11/1999
11/18/1999
11/18/1999 01/11/2007

40 ANSWER by Gail R. Berry, Jackie Embry, Janice Waters to [36-1] intervenor complaint (jgb) (Entered: 10/01/1999)
39 ANSWER by Bacon County to [36-1] intervenor complaint (ssl) (Entered: 10/01/1999)
42 MOTION by City of Alma Georgia for attorney Walter O. Lambeth, Jr. to Appear Pro Hac Vice. with brief in support. (dks) Modified on 10/01/1999 (Entered: 10/01/1999)
Motion referred: [42-1] motion for attorney Walter O. Lambeth, Jr. to Appear Pro Hac Vice. referred to Magistrate Judge James E. Graham (dks) (Entered: 10/01/1999)
43 ORDER granting [42-1] motion for attorney Walter O. Lambeth, Jr. to Appear Pro Hac Vice. Attorney previously added to case. ( signed by Magistrate Judge James E. Graham ); [EOD Date 10/4/99 copies served. (ddc) (Entered: 10/04/1999)
44 ORDER extending time reset Discovery deadline to 2/1/00 , reset Motion Filing deadline to 2/21/00 , reset Summary Judgment Deadline to 3/2/00 ( signed by Judge William T. Moore ); [EOD Date 10/4/99 copies served. (jgb) (Entered: 10/04/1999)
45 JOINT STATUS REPORT by United States, City of Alma Georgia, Bacon County, Pamela F. Starling, Gail R. Berry, Jackie Embry, Janice Waters, City of Alma Georgia, Bacon County (jgb) (Entered: 10/18/1999)
46 THIRD AMENDED ANSWER to Local Rule 26.3 Interrogatories by United States (ssl) (Entered: 11/09/1999)
47 JOINT MOTION by United States, City of Alma Georgia, Bacon County, Pamela F. Starling, Gail R. Berry, Jackie Embry, Janice Waters, City of Alma Georgia, Bacon County for Entry of Consent Decree with brief in support. (ssl) (Entered: 11/29/1999)
48 ORDER/Consent Decree and directing the Clerk to close the case. ( signed by Judge William T. Moore ); [EOD Date 11/22/99 copies served. (nys) Modified on 11/29/1999 (Entered: 11/22/1999)
Case closed (nys) (Entered: 11/22/1999)
Record Transferred to FRC. Group 021, Accession 02-0277, Box 9 of 12, Location # 5-008-94-4-3 (evb) (Entered: 01/11/2007)

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