o FILED Case 1:04-cv-01995-HHK Document 1 Filed 11/15/04 Page 1 of 14

NOV 15 2004

IN THE UNITED STATES DISTRICT COURT NANCYMAYffi WHITTINGTON CI:ER~

FOR THE DISTRICT OF COLUMBIA

U.S. DISTRICT COURT

LINDA A. COLLINS, 1540 Northgate Road, N.W., Washington, D.C. 20012,
Plaintiff,
v.

) ) ) ) . CA.SE

NUHBEH ' "1: 0 4CVO 1995"

JUDGE~ Ellen Segal Huvelle

DONALD E. POWELL, CHAIRMAN, FEDERAL DEPOSIT INSURANCE CORPORATION,
550 17th Street, N.W., Washington, D.C. 20429-9990,
Defendant.

DECK TYPE: Employment Discrimination /5
DATE STAMP; 11/",2004
r
) )

-------------------------)

COMPLAINT

(Discrimination, Hostile Work Environment, Retaliation)

Introduction

1. Plaintiff brings this action pursuant to Title VII of the Civil Rights Act of 1964, as

amended by 42 U.S.C. Section 2000e et seq., and as further amended by section 102 of the Civil

Rights Act of 1991, 42 U.S.C. Section 1981a, and pursuant to the Age Discrimination in

Employment Act, as amended, 29 U.S.C. Section 633a to remedy acts of discrimination in

employmentpractices by the Federal Deposit Insurance Corporation (FDIC) against plaintiffbecause

of her race, her age, her gender, and in retaliation for her having engaged in protected civil rights

activity.

Jurisdiction

2. This Court hasjurisdiction over the subject matter ofthis civil action pursuant to Title

VII ofthe Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of1972,

Case 1:04-cv-01995-HHK Document 1 Filed 11/15/04 Page 2 of 14
i( 1~i.
42 U.S.C. Section 2000e-16(c). This Court also has jurisdiction pursuant to 28 U.S.C. Section 1331 because it presents a question of federal law.
Venue 3. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 42 U.S.C. § 2000e-5(f)(3). Plaintiff's employment records are maintained by the FDIC within the District of Columbia and virtually all of the personnel actions and decisions at issue in this case were made and/or approved in this judicial district. 4. Furthermore, this case is related to Conanan v. Powell, Civil Action No. 00-03{)9lESH (D.D.C.), a class action suit in this judicial district the settlement of which resolved one of plaintiff's earlier race discrimination claims.
Parties 5. Plaintiff is a 59 year old black female citizen of the United States and a resident of the District of Columbia. She is currently employed, and at all times relevant to this complaint was employed, by the FDIC. 6. Defendant Donald E. Powell is the Chairman of the FDIC, which is a government agency within the Executive Branch ofthe Government ofthe United States that has had more than 500 employees in 20 or more calendar weeks during the past year. In short, as its Chairman Mr. Powell is responsible for the personnel actions, omissions and practices within FDIC. He is sued only in his official capacity as head of FDIC.
Statement of Facts 7. Plaintifftimely filed fonnal discrimination complaints on June 7,2000, July 2,200 I, October 2,2001, November 27,2001, January 18, 2002, and November 3, 2003. On October 14,
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2004, Ms. Collins received notification of her right to sue after the FDIC issued a final agency decision dismissing FDICEO Complaint Nos. 000060, 010044, 01055, 020001, 020009. Plaintiff has also exhausted her administrative remedies on her November 3, 2003 formal complaint (FDICEO 03-0035) and on her May 17, 2004 formal complaint (FDICEO 04-0031), as 180 days have now passed since they were filed.
8. Plaintiff has been an employee of the FDIC for almost 10 years and before that she worked for four years from 1991 to 1995 for the Resolution Trust Corporation, the Agency that merged into the FDIC. She came to the FDIC as a Computer Specialist in May 1995. As of December 2003, Ms. Collins had about 20 years ofoverall experience in the computer security field.
9. Ms. Collins served as an Information Technology Specialist at the FDIC's Division of Information Resources Management (DIRM) as a part of the Information Security Staff from December 1998 through December 15, 2003, a five-year period. Her position, series, and grade were Information TechnologySpecialist, CG-221 0_13.1 On or around March 1999, she became a Program Manager when was given the functional title ofComputer Security Incident Response Team (CSIRT) Coordinstor. After she filed her EEO complaints, she was involuntarily reassigned to the Asset Management Project in Technical Infrastructure Management effective December 15, 2003.
10. Ms. Collins received a 2.7 annual performance rating, considered "superior" on the 1 to 3 rating scale, forthe period from September 1998 through August 1999 which included her first eight months with the DIRM Information Security Staff She previously received a Sustained Superior Performance Award while at the FDIC in March 1997, and an "outstanding" performance
1 For part of this time, Ms. Collins was a CG-334-13 Computer Specialist, an identical position which was superseded at FDIC by the IT Specialist position due to a change in Federal job classification and position titling practice.
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rating in 1996. 11. In the Spring of 1999, Bobby Porter (non African American) who was Ms. Collins'
second-line supervisor from January 1999 through January 2001 designated Ms. Collins the CSIRT Coordinator. However, on December 17, 1999, he advised Ms. Collins via email that all CSIRT items were to be commented on by Leslie Morgan. Ms. Morgan isa younger, white female who was previously assigned to FDIC's legal office and at the time had no CSIRT experience. Angel Rivera (non African American) who was Ms. Collins' first-line supervisor from December 1998 through January 2002 sent a similar email message to Ms. Collins on December 22, 1999, in which Ms. Morgan was designated Co-Lead with authority over the CSIRT area. Ms. Collins suffered professional humiliation and embarrassment as a result of the new comment procedure and loss of authority to Ms. Morgan. In January 2000, Mr. Rivera continued pressing this procedural burden on Ms. Collins, repeatedly telling her to keep Ms. Morgan informed ofwork activities and to share her work with Ms. Morgan.
12. Starting in November 1999, Mr. Rivera refused to allow Ms. Collins to work with Russell Davis on Public Key Infrastructure ("PKI") or to attend meetings related to PKI or Smart Card technology. Mr. Rivera later gave Ms. Collins an assignment to write a Smart Card directive. The FDIC's initial Smart Card implementation for the Electronic Travel Voucher Program depended on the interfuce of Smart Cards with PKI technology.
13. Mr. Porter made an unwarranted accusation of insubordination against Ms. Collins via email on November 19,1999. When Ms. Collins asked Mr. Porter for an explanation, he failed to respond.
14. In January 2000 and February 2000, Mr. Porter held Ms. Collins to uoreasonable
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deadlines and relegated her to a "go-fer" role with regard to an assignment to create an FDIC poster. He unnecessarily and repeatedly criticized Ms. Collins for her work on the project.
15. During a January 19, 2000 meeting, Mr. Rivera spoke for the CSIRT team without acknowledging Ms. Collins' presence at the meeting despite her ostensible role as the CSIRT CoLead. This intentional snub caused Ms. Collins embarrassment, humiliation, and damage to her professional reputation.
16. On February 4,2000, Mr. Rivera gave Ms. Collins an assignment to perform monthly Information Security Officer training presentations of30 to 60 minutes' duration with insufficient time to prepare for her first training session on February 15, 2000 session. By not providing her sufficient time to prepare for the February session, Mr. Rivera demonstrated his desire that she fail in the assignment.
17. Mr. Porter forced Ms. Collins to attend a Y2K project awards ceremony in January 2000. She received no award, even though she performed work on the Y2K project equal to or more extensive than the work done by the award recipients.
18. In January2000, Mr. Porter and Mr. Rivera deliberately excluded Ms. Collins from meetings at which important infonnation regarding her duties was discussed. Mr. Rivera did not inform her of a January 11, 2000 meeting to discuss "Single Sign On" despite the fact that this potential future configuration ofFDIC applications was gennane to Ms. Collins' job functions. Ms. Collins only attended the meeting after learning ofit from another supervisor. Two days later, Mr. Porter denied her request to attend a "Real Secure" training session, citing a need to meet with her about the CSIRT Poster project; however, Mr. Porter did not met with her on the day ofthe training. Mr. Porter and Mr. Rivera consistently excluded Ms. Collins from meetings and denied her access
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to information in orderto nndermine her job performance. 19. Mr. Rivera excluded Ms. Collins from computer virus meetings on numerous
occasions, including but not limited to meetings in January 2000 and meetings on February 7 and 8, 2000. At these meetings, important information regarding an area in which she worked was discussed. Mr. Rivera, by deliberate acts, excluded Ms. Collins from meetings related to the core functions ofher position affecting her ability to fully perform her duties.
20. Mr. Rivera withheld CSIRT information from Ms. Collins. and excluded her from CSIRT meetings starting in January 2001. He did not tell her about the meetings, and then prohibited her from attending when she learned of them.
21. Mr. Rivera sent threatening and harassing email messages to Ms. Collins regarding her status reports starting on or about January 2001. In the messages, Mr. Rivera nnreasonably questioned Ms. Collins veracity and implied that Ms. Collins had not been truthful about her reported activities.
22. Ms. Collins was required to attend performance connseling meetings starting on February 23, 2000. Mr. Rivera displayed increasing anger and hostility towards her and established the requirement for the performance counseling meetings.
23. Mr. Rivera falsely accused Ms. Collins of work-place misconduct in a March 26, 2001 Letter of Reprimand. An internal FDIC investigation fonnd no gronnds for disciplining Ms. Collins. Mr. Rivera claimed that Susie Able, a white female, who served as Ms. Collins' second-line supervisor in an acting role during much of200I was present during one ofthe alleged incidents he used as gronnds to reprimand Plaintiff, but Ms. Able later had no recollection of the event when interviewed by the EEO Investigator concerning the Letter of Reprimand.
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24. Ms. Collins was forced by Mr. Rivera to lead a CSIRT tonr on June 6, 2001 despite his knowledge of a previously and regularly scheduled CSIRT team meeting she was to lead. This assignment diminished her professional standing and leadership in the eyes of the CSIRT team members.
25. Mr. Rivera sent an email to Ms. Collins on June 12, 2001, directing her to work on a report with instructions differing from those discussed a month earlier. This email was sent despite Mr. Rivera's knowledge that Ms. Collins would be leaving for a vacationonly two days later, on June 14,2001.
26. On various dates between January 2001 and April 2001 and between June 2001 and July 2001, Mr. Rivera placed messages in the public CSIRT electronic mailbox unfairly criticizing Ms. Collins' work:, and depicting Ms. Collins in a negative and derogatory manner.
27. Mr. Rivera further impeded Ms. Collins' work starting in April 2001 when he unnecessarily denied her access to sonrces ofinformation necessary to complete a research project involving Intrusion Detection Systems and Certificate Authority products to which she had been assigned.
28. Starting in July 2001, Mr. Rivera specifically prevented CSIRT contractors from meeting or sharing information with Ms. Collins.
29. In September 2001, Mr. Rivera denied Ms. Collins' request to attend important PKI Certificate Authority training related to the research project he assigned her.
30. During November 2001, Mr. Rivera intentionally excluded Ms. Collins from Windows 2000 training relevant to her CSIRT Coordinator position. He did this by intentionally failing to inform her of the when the training would be held even though she had previously
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expr,essed an interest. Then Mr. Rivera specifically directed her not to attend the meeting. He did this by way ofa negative and disparaging note publicly posted on her office door.
31. On September 18, 2001, Mr. Rivera and Ms. Able denied Ms. Collins representation by her attorney and union representative at a "Research Project-Corrective Actions" meeting called by Mr. Rivera. Prior to the meeting, Mr. Rivera refused to explain to Ms. Collins' union representative what "Corrective Actions" meant despite Ms. Collins' fear that punitive actions would be taken against her at the meeting. FDIC security personnel forcibly removed Plaintiff's attorney Susan C. Lee from the meeting room and escorted her immediately from the building - a humiliating event for both Ms. Collins and her attorney.
32. Mr. Rivera admitted to Union President Elizabeth ColI on one occasion that the reason he was treating Ms. Collins adversely was she had filed grievances against him. Ms. Collins had alleged unlawful employment discrimination in the grievances.
33. In early 2000, Ms. Collins applied for the position of Senior Computer Specialist, CG-334-14, which would have been a one-grade promotion for her. She was ranked as one ofthe best qualified candidates for the position, but on February 7, 2000, she received a formal notice of non-selection. She was not interviewed for the position and never learned of a reason for the nonselection.
34. Mr. Rivera gave Ms. Collins an unreasonablylow performance evaluationrating (1.9) on December 1, 2000, for the period September 1999 to August 2000. Mr. Rivera had been unprepared for the mid-year review held on April 10,2000, and gave no useful information about how he viewed her performance during that period. Mr. Rivera also gave Ms. Collins an unreasonably low performance evaluation rating (2.0) on October 10,2001 for the period September
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2000 to August 2001. He had given a false portrayal of Ms. Collins' perfonnance in the midyear review report dated April 2, 2001. Mr. Rivera never met with Ms. Collins to discuss perfonnance expectations for either rating period at the beginning ofthose rating periods. He also subsequently failed to give her a perfonnance plan for the following September 2001 to August 2002 rating period.
35. Late in 2001, Ms. Collins applied for an Infonnation SecurityManager position, CG334-14, under VacancyAnnouncementNumber2001-HQ-1600. On or aboutDecember3,2001, Ms. Collins was infonned that she was not rated and ranked as best qualified and therefore was not placed on the Roster ofEligibles. Ms. Collins was previously rated and ranked as Best Qualified on numerous occasions for similar positions in DIRM. Ms. Able was a member of the three-person selection committee.
36. On or around August 18,2003, Ms. Collins was removed from her position as CSIRT Coordinator and was detailed to a position unrelated to her security expertise in the Asset Management Project, an activity slated for elimination by her new supervisor, Marc Ebersberger, a white male. The action was taken after Mr. Ebersberger's outrageous behavior on August 15, 2003, provoked a confrontation with Ms. Collins, during which she covered the ears ofa contractor, one ofher friends, because ofMr. Ebersberger's harsh and inappropriate tone. Both contractors present during the August 15, 2003 incident maintained that Ms. Collins' alleged actions were not severe, disturbing, or threatening to them. Yet, Mr. Ebersberger punished Ms. Collins for the "incident" where he was the one who had in fact acted in an outrageous, offensive, and provocative manner.
37. On November 7,2003, based on Mr. Ebersberger's recommendation, Ms. Collins was suspended by Ned Goldberg, a white male, who was Ms. Collins' secondline supervisor (from
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January 2002 through December 2003), for five days without pay, with the suspension effective from November 17, 2003 to November 21, 2003. The suspension resulted from the August 15, 2003 "incident" and was disproportionate to the alleged misconduct. This disciplinary action was meant to coincide with and disrupt pending settlement negotiations convened by the Equal Employment Opportunity Commission on Ms. Collins' earlier EEO complaints, and was taken in addition to removing Ms. Collins from her position and putting her on a punitive detail.
38. Oll December 9, 2003, Michael E. Bartell informed Ms. Collins that she would be permanently reassigned to the Asset Management Project in Technical Infrastructure Management effective on December 15, 2003. The new position is an area outside of Ms. Collins' area of expertise -- computer security -- and, on information and belief, is in any case targeted for elimination by the FDIC.
39. SinceMs. Collins' discriminatoryremoval from herposition and forced reassignment to Asset Management, her position as CSIRT Coordinator (a CG-13 when she held it) has been readvertised as a CG-14 position, and filled by a less qualified white male, who as a contractor was formerly Ms. Collins' subordinate. Ms. Collins applied but was not even interviewed for the position, though she was rated highly qualified. While Ms. Collins held the position, she had repeatedly requested to management that it be upgraded to a CG-14, but her requests were denied or ignored. Only when FDIC decided to place a white employee in the position and Ms. Collins had been transferred to another job in a different area was it upgraded. Ms. Collins properly and timely filed a formal discrimination complaint to challenge these FDIC decisions on May 17, 2004 (FDICEO 04-0031), more than 180 days previous to the filing of the instant civil action.
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Case 1:04-cv-01995-HHK Document 1 Filed 11/15/04 Page 11 of 14
Statement of Claims Connt I - Hostile Work Environment 40. From 1999 to the present, Defendant has sUbjected Ms. Collins to a hostile work environmentbased onherrace, sex, age, and in retaliation for her protected EEO activity in violation ofTitle VII ofthe Civil Rights Act of 1964 and the Age Discrimination in Employment Act.
Count II - Denial of Promotion 41. Based on her race, sex, age, andprior EEO activity, Defendant unlawfully denied Ms. Collins promotion to the position ofCG-14 Senior Computer Specialist in early 2000 in violation of Title VII ofthe Civil Rights Act of 1964 and the Age Discrimination in Employment Act. 42. Based on her race, sex, age, and prior EEO activity, Defendant unlawfully denied Ms. Collins promotion to the position ofCG-14 Information Security Manager in late 2001 in violation ofTitle VII ofthe Civil Rights Act of 1964 and the Age Discrimination in Employment Act.
Count III - Discriminatory Performance Appraisals 43. Based on herrace, sex, age, and prior EEO activity, Mr. Rivera gave Ms. Collins an unreasonably low performance evaluation rating (1.9) on December 1, 2000, for the period September 1999 to August 2000 in violation ofTitle VII ofthe Civil Rights Act of 1964 and the Age Discrimination in Employment Act. 44. Based on her race, sex, age, and priorEEO activity, Mr. Rivera also gave Ms. Collins an unreasonably low performance evaluation rating (2.0) on October 10, 2001, for the period September 2000 to August 2001 in violation ofTitle VII ofthe Civil Rights Act of 1964 and the Age Discrimination in Employment Act. 45. Based on her race, sex, age, and prior EEO activity, Mr. Rivera gave a false portrayal
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ofMs. Collins' perfonnance in his mid-year review report dated April 2, 2001, in violation ofTitle VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act.
Count IV - Discrimination in Denial of Awards 46. Based onherrace, sex, age, and prior EEO Activity, Defendant unlawfullydenied Ms. Collins performance awards in violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act.
Count V - Discriminatory Discipline 47. Based on her race, sex, age, and prior EEO activity, Defendant unlawfully discriminated and retaliated against Ms. Collins when it issued a reprimand to her on or about March 26,2001. 48. Based on her race, sex, age, and prior EEO activity, Defendant unlawfully discriminated and retaliated against Ms. Collins when it suspended her for five days on or about November 17, 2003 to November 21,2003.
Count VI - Discriminatory Directed Detail and Involuntary Reassignment 49. Based on her race, sex, age, and prior EEO activity, Defendant unlawfully discriminated and retaliated against Ms. Collins when it removed her from her position as CSIRT Coordinator, unlawfully directed her detailed to a position in Ass.et Management in violation of its own procedures, and subsequently involuntarily reassigned her to Asset Management permanently, a unit under consideration for elimination, in a position outside her area of expertise in computer security.
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Prayer for Relief 50. As a result ofFDIC's unlawful conduct plaintiffhas suffered and continues to suffer damage in the form oflost promotional and bonus opportunities, with attendant loss ofpay and other losses of benefits associated with promotions, bonuses, and awards for exceptional performance; damage as a result of unjust discipline; damage to her personal reputation; damage to her professional reputation and to her career; and humiliation, physical injury, and mental and emotional pain and anguish as a result ofintense and unremitting on-the-job stress. Plaintifftherefore requests the following relief: (a) enter judgment in her favor and against defendant on each ofthe claims contained in
this civil action; (b) award plaintiff compensatory damages against defendant to the fullest extent
allowable under Title VII; (c) Nullify all disciplinary actions and promote plaintiff to CG-14 retroactively to the
earliest point discrimination is found with back pay and other benefits. Cd) order defendant to correct all FDIC records, including plaintiffs official personnel
folder, to accord with the relief order by the Court and to purge all references in such documents to this civil action and the administrative EEO complaint that proceeded it; (e) award plaintiffher costs ofthis action and the administrative complaint that preceded it, including reasonable attorneys' fees, with interest thereon; (e) enjoin defendant from discriminating or retaliating against plaintiffin the future; and (f) award such other and further relief as the Court may deem just and appropriate.
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Jury Demand Plaintiff hereby requests a trial by jury in the instant case on all issues of fact and on questioning pertaining to the level of damages to be awarded.
David H."S piro D.C. Bar 0.961326 SWICK & SHAPIRO, P.C. 1225 Eye Street, N.W. Suite 1290 Washington, D.C. 20005 (202) 483-0300 Attorney for Plaintiff
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 Case 1:04-cv-01995-HHK Document 6 Filed 03/07/05 Page 1 of 7

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

____________________________________

)

LINDA A. COLLINS

)

1540 Northgate Road, N.W.,

)

Washington, DC 20012

)

)

Plaintiff,

)

)

v.

)

)

DONALD E. POWELL

)

Chairman, Federal Deposit

)

Insurance Corporation

)

550 17th Street, N.W.

)

Washington, DC 20429

)

)

Defendant.

)

____________________________________)

No. 1:04-CV-01995 (HHK) March 7, 2005

ANSWER

First Defense

The Complaint fails to state a claim upon which relief may be granted.

Second Defense

Defendant had legitimate nondiscriminatory reasons for the employment decisions which

were made with regard to the plaintiff.

Third Defense

The plaintiff has failed to exhaust her administrative remedies.

Fourth Defense

In response to the numbered paragraphs of the Complaint, the defendant responds as

follows:

1

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1. This paragraph contains plaintiff’s characterization of the present action, to which no answer is required. To the extent that an answer is deemed necessary, defendant admits that plaintiff seeks to bring this action pursuant to Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) and pursuant to the Age Discrimination in Employment Act, 29 U.S.C. § 633a, but denies that any acts of discrimination or retaliation against plaintiff have occurred.
2. This paragraph contains plaintiff's assertion of jurisdiction and characterization of the present action, to which no response is required. To the extent an answer is deemed necessary, defendant admits that this is a civil action arising under 42 U.S.C. § 2000e-16, but denies all other assertions and characterizations by plaintiff in this paragraph.
3. The defendant admits that venue is proper in this jurisdiction pursuant to 42 U.S.C. § 2000e-5(f)(3). All other allegations of this paragraph are denied.
4. Denied. 5. Admitted. 6. Defendant admits that he is the Chairman of the Federal Deposit Insurance Corporation (FDIC), an agency of the United States for purposes of this action, that the FDIC has had more than 500 employees in 20 or more calendar weeks during the past year, and that he is the proper defendant pursuant to 42 U.S.C. §2000e-16(c), and that he is sued only in his official capacity. All other allegations of this paragraph are denied. 7. Defendant admits that plaintiff filed formal discrimination complaints on June 7, 2000 (No. 00-0060), July 2, 2001 (No. 01-0044), October 2, 2001 (No. 01-0055), November 27, 2001 (No. 02-0001), January 18, 2002 (No. 02-0009), November 3, 2003 (No. 03-0035), and May 17, 2004 (No. 04-0031). Defendant admits that on October 6, 2004, the FDIC issued a final agency decision dismissing Complaint Nos. 00-0060, 01-0044, 01-0055, 02-0001, and 02-0009,
2

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and advising plaintiff of her right to file a civil action. All other allegations of this paragraph are denied.
8. Defendant admits that plaintiff has been employed by the FDIC since January 1991 and was assigned to the Resolution Trust Corporation from that time until reassigned to the FDIC as a Computer Specialist, GG-0334-13, in May 1995. All other allegations of this paragraph are denied.
9. Defendant admits the allegations in first and second sentence of this paragraph and that portion of footnote 1 up to the second comma, except that plaintiff's service on the Information Security Staff ended on December 13, 2003. Defendant admits that in June 1999, plaintiff was designated Coordinator of the Computer Security Incident Response Team (CSIRT), and that plaintiff was reassigned to the asset management program in Technical Infrastructure Management effective December 14, 2003. All other allegations of this paragraph are denied.
10. Admitted. 11. Defendant admits that in June 1999, plaintiff was designated Coordinator of CSIRT; in December 1999 Leslie Morgan was designated Co-lead over CSIRT; and plaintiff was instructed to keep Ms. Morgan informed of her CSIRT activities, share her work products with Ms. Morgan, and give Ms. Morgan at least forty-eight hours to comment on them. Defendant admits that Ms. Morgan is a white female age 54. Defendant admits that Bobby Porter was plaintiff's second-line supervisor from January 1999 to January 2001, and that Angel Rivera (Hispanic male) was plaintiff's first-line supervisor from December 1998 to January 2002. All other allegations of this paragraph are denied. 12. Denied.
3

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13. Denied. 14. Denied. 15. Denied. 16. Defendant admits that on February 4, 2000, Mr. Rivera directed plaintiff to begin giving a thirty- to sixty-minute presentation on CSIRT during the monthly Information Security Officer Training. All other allegations of this paragraph are denied. 17. Defendant admits that plaintiff received no award for the Y2K project. All other allegations of this paragraph are denied. 18. Denied. 19. Denied. 20. Denied. 21. Denied. 22. Defendant admits that in February 2000, Mr. Rivera began to hold meetings with plaintiff twice a month to oversee her work assignments and deadlines, clarify any issues, and discuss any obstacles plaintiff might be having in meeting deadlines. All other allegations of this paragraph are denied. 23. Defendant admits that Mr. Rivera issued plaintiff a letter of reprimand dated March 26, 2001. All other allegations of this paragraph are denied. 24. Defendant admits that plaintiff was directed to lead a CSIRT tour on June 6, 2001. All other allegations of this paragraph are denied. 25. Denied. 26. Denied. 27. Denied.
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28. Defendant admits that Mr. Rivera notified all of his employees that they were not to discuss contractual and tasking information directly with contractors. All other allegations of this paragraph are denied.
29. Denied. 30. Defendant admits that Mr. Rivera instructed plaintiff not to attend the training because she was not authorized to do so. All other allegations of this paragraph are denied. 31. Defendant admits that plaintiff's attorney, Susan Lee, was not allowed to attend a work meeting between plaintiff, Mr. Rivera, and Susie Able, and that Ms. Lee was escorted from the building by Security. All other allegations of this paragraph are denied. 32. Denied. 33. Defendant admits the allegations in the first sentence of this paragraph, and admits that plaintiff was not interviewed, was not selected for the position, and was notified of the non-selection. Defendant is presently without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph. 34. Defendant admits that plaintiff received an annual performance rating of 1.9 for the period September 1999 to August 2000, and a rating of 2.0 for the period September 2000 to August 2001. Defendant admits that Mr. Rivera did not meet with plaintiff at the beginning of the September 1999 to August 2000 rating period to discuss performance plans and performance expectations. All other allegations of this paragraph are denied. 35. Defendant admits the allegations in the first and second sentences of this paragraph, and admits that Susie Able was a member of the rating/ranking panel for this vacancy. All other allegations of this paragraph are denied.
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36. Defendant admits that plaintiff was removed as Technical Monitor and Project Manager for CSIRT and detailed to the asset management program in Technical Infrastructure Management. All other allegations of this paragraph are denied.
37. Defendant admits that on November 7, 2003, Ned Goldberg (white male), plaintiff's second-line supervisor from November 2001 to mid-December 2003, issued a Notice of Decision suspending plaintiff for five days without pay for the period November 17 through November 21, 2003. Defendant admits that the suspension resulted from the incident on August 15, 2003. Defendant admits that Mr. Goldberg's decision was based on Mr. Ebersberger's recommendation, its supporting evidence, plaintiff's written reply, and the transcript of plaintiff's oral reply. All other allegations of this paragraph are denied.
38. Defendant admits the allegations of the first sentence of this paragraph, except that the reassignment was effective December 14, 2003; and that defendant is presently without knowledge or information sufficient to verify the date on which Mr. Bartell notified plaintiff of the reassignment. All other allegations of this paragraph are denied.
39. Defendant admits that plaintiff filed a formal complaint (No. 04-0031) on May 17, 2004. All other allegations of this paragraph are denied.
40. Denied. 41. Denied. 42. Denied. 43. Denied. 44. Denied. 45. Denied. 46. Denied.
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47. Denied. 48. Denied. 49. Denied. 50. Defendant denies the allegations of this paragraph, and further denies that plaintiff is entitled to the relief requested or to any relief whatsoever. To the extent any allegations of plaintiff's Complaint deemed to require a response have not otherwise been answered by the defendant, such allegations are denied. WHEREFORE, the defendant asks the Court to dismiss this action with prejudice, and to grant such other relief as the Court may deem just and proper.
Respectfully submitted,
Daniel H. Kurtenbach Bar No. 426590 Counsel, FDIC Legal Division 550 17th Street, NW, Room H-2152C Washington, DC 20429 202-736-0391 (office) 202-736-0041 (fax) dkurtenbach@fdic.gov March 7, 2005
7

 
 Case: 1:04-cv-01995-HHK As of: 06/23/2010 06:03 PM EDT 1 of 8
CLOSED, JURY, MEDIATION, TYPE−H
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:04−cv−01995−HHK

COLLINS v. POWELL Assigned to: Judge Henry H. Kennedy Demand: $300,000 Case: 1:00−cv−03091−ESH Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 11/15/2004 Date Terminated: 03/03/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Defendant

LINDA A. COLLINS

represented by David H. Shapiro SWICK &SHAPIRO, P.C. 1225 Eye Street, NW Suite 1290 Washington, DC 20005−3914 (202) 842−0300 Fax: (202) 842−1418 Email: dhshapiro@swickandshapiro.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ellen K. Renaud SWICK &SHAPIRO, P.C. 1225 Eye Street, NW Suite 1290 Washington, DC 20005 (202) 842−0300 Fax: (202) 842−1418 Email: ekrenaud@swickandshapiro.com ATTORNEY TO BE NOTICED

V.
Defendant
DONALD E. POWELL Chairman, Federal Deposit Insurance Corporation

represented by Patricia E. Davison−Lewis FEDERAL DEPOSIT INSURANCE CORPORATION 3501 North Fairfax Drive Arlington, VA 22226 (703) 562−2315 Email: pdavison−lewis@fdic.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Stephen Gill FEDERAL DEPOSIT INSURANCE CORPORATION Legal Division 3501 Fairfax Drive Arlington, VA 22226 (703) 562−2425 Fax: (703) 562−2497 Email: rgill@fdic.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wendy Beth Kloner FEDERAL DEPOSIT INSURANCE CORPORATION Legal Division

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3501 Fairfax Dr. D−7118 Arlington, VA 22226 (703) 562−2391 Fax: (703) 562−2481 Email: wkloner@fdic.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel Harold Kurtenbach FEDERAL DEPOSIT INSURANCE CORPORATION 3501 Fairfax Drive Room VS−D7026 Arlington, VA 22226 (703) 562−2465 Fax: (703) 562−2477 Email: dkurtenbach@fdic.gov TERMINATED: 11/16/2006
William S. Jones FEDERAL DEPOSIT INSURANCE CORPORATION Legal Division 3501 Fairfax Drive, Room E−6006 Arlington, VA 22226 (703) 562−2362 Fax: (703) 562−2482 Email: wjones@fdic.gov ATTORNEY TO BE NOTICED

Date Filed 11/15/2004 11/15/2004 11/15/2004 11/17/2004 11/18/2004 03/04/2005 03/07/2005 03/24/2005
04/15/2005 04/25/2005

# Docket Text
1 COMPLAINT against DONALD E. POWELL (Filing fee $ 150) filed by LINDA A. COLLINS.(jf, ) (Entered: 11/17/2004)
SUMMONS (3) Issued as to DONALD E. POWELL, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 11/17/2004)
2 NOTICE OF RELATED CASE by LINDA A. COLLINS. Case related to Case No. 00−3091. by LINDA A. COLLINS (jf, ) (Entered: 11/17/2004)
3 ORDER re 2 Notice of Related Case filed by LINDA A. COLLINS. Signed by Judge Ellen S. Huvelle on 11/17/04. (BL, ) (Entered: 11/17/2004)
4 Case Reassigned to Judge Henry H. Kennedy. Judge Ellen S. Huvelle no longer assigned to the case. (lc, ) (Entered: 11/22/2004)
5 NOTICE of Appearance by Daniel Harold Kurtenbach on behalf of DONALD E. POWELL (Kurtenbach, Daniel) (Entered: 03/04/2005)
6 ANSWER to Complaint by DONALD E. POWELL.(Kurtenbach, Daniel) (Entered: 03/07/2005)
7 Order for Initial Scheduling Conference: Initial scheduling conference set for April 25, 2005, 10:00 a.m., before Judge Henry H. Kennedy, Jr. Signed by Judge Henry H. Kennedy, Jr., on March 24, 2005. (FL, ) (Entered: 03/24/2005)
8 MEET AND CONFER STATEMENT. (Shapiro, David) (Entered: 04/15/2005)
Minute Entry for proceedings held before Judge Henry H. Kennedy : Initial Status Conference held on 4/25/2005. The Court adopts counsel's briefing scheduled. Counsel agree to Mediation before a Magistrate Judge during 2/1/2006 thru 4/1/2006. Further Status Conference set for 3/17/2006 at 09:30 AM in Courtroom 14 before Judge Henry H. Kennedy. Plaintiff's counsel to submit order. (Court Reporter Annie Shaw.) (rew, ) (Entered: 04/25/2005)

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04/29/2005 04/29/2005 05/02/2005 08/19/2005 08/19/2005 08/23/2005 08/23/2005 08/23/2005 09/23/2005 09/26/2005
09/27/2005
09/27/2005 09/27/2005
01/13/2006 01/17/2006
01/17/2006
01/18/2006

9 Scheduling Order. Status conference scheduled for March 17, 2006, at 9:30 a.m., before Judge Henry H. Kennedy, Jr. Signed by Judge Henry H. Kennedy, Jr., on April 29, 2005. (FL, ) (Entered: 04/29/2005)
10 Order referring action to United States Magistrate Judge Deborah Robinson for the purpose of mediation. Signed by Judge Henry H. Kennedy, Jr., on April 29, 2005. (FL, ) (Entered: 04/29/2005)
CASE REFERRED to Magistrate Judge Deborah A. Robinson for Mediation. (jsc) (Entered: 05/03/2005)
11 Joint MOTION for Protective Order by DONALD E. POWELL. (Attachments: # 1)(Kurtenbach, Daniel) (Entered: 08/19/2005)
12 Joint MOTION for Extension of Time to Complete Discovery by DONALD E. POWELL. (Attachments: # 1 # 2)(Kurtenbach, Daniel) (Entered: 08/19/2005)
Minute order granting 12 the parties' joint motion to amend the scheduling order. Signed by Judge Henry H. Kennedy, Jr., on August 23, 2005. Official paperless order (FL, ) (Entered: 08/23/2005)
Amended Scheduling Order 12 : Discovery shall be concluded by October 26, 2005. (FL, ) (Entered: 08/23/2005)
Set/Reset Deadlines: Discovery due by 10/26/2005. (rew, ) (Entered: 08/23/2005)
13 Consent MOTION for Extension of Time to Complete Discovery by LINDA A. COLLINS. (Shapiro, David) (Entered: 09/23/2005)
Minute order granting 13 plaintiff's consent motion to enlargement discovery period. The discovery period shall be enlarged to and including Janaury 30, 2006. Signed by Judge Henry H. Kennedy, Jr., on September 26, 2005. Official paperless order (FL, ) (Entered: 09/26/2005)
Amended Discovery Period 13 : Motions for summary judgment will be due by March 1, 2006; any opposition to summary judgment will be due by March 31, 2006; any replies to oppositions will be due by April 17, 2006. The mediation period will commence from May 1, 2006, to July 1, 2006. The status conference currently scheduled for March 17, 2006, at 9:30 a.m., has been rescheduled for July 28, 2006, at 9:30 a.m. (FL, ) (Entered: 09/27/2005)
Set/Reset Deadlines: Discovery due by 1/30/2006. (rew, ) (Entered: 09/27/2005)
Set Deadlines/Hearings: Mediation to begin on 5/1/2006 and conclude by 7/1/2006. Summary Judgment motions due by 3/1/2006. Response to Motion for Summary Judgment due by 3/31/2006. Reply to Motion for Summary Judgment due by 4/17/2006. Status Conference set for 3/17/2006 at 9:30 AM is OFF and reset for 7/28/2006 at 09:30 AM in Courtroom 14 before Judge Henry H. Kennedy. (rew, ) (Entered: 09/27/2005)
14 Consent MOTION for Extension of Time to Complete Discovery by LINDA A. COLLINS. (Shapiro, David) (Entered: 01/13/2006)
Minute order granting 14 plaintiff's consent motion to enlarge discovery period. The discovery period is enlarged up to and including May 1, 2006, for the limited purpose of permitting plaintiff to take deposition testimony, as well as conduct follow−up "paper discovery." Signed by Judge Henry H. Kennedy, Jr., on January 17, 2006. Official paperless order (FL, ) (Entered: 01/17/2006)
Note re 14 Motions for summary judgment shall be filed by June 1, 2006; any opposition to summary judgment shall be filed by June 30, 2006; any replies to oppositions shall be filed by July 14, 2006. The mediation period shall commence August 1, 2006, to October 31, 2006. The Clerk of the Court shall schedule a post−discovery status conference as soon as the business of the court permits. (FL, ) (Entered: 01/17/2006)
Set/Reset Deadlines: Limited Discovery due by 5/1/2006. (rew, ) (Entered: 01/18/2006)

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01/18/2006 01/18/2006 01/18/2006 02/24/2006
02/27/2006 03/05/2006 03/10/2006 03/21/2006 03/24/2006 04/04/2006 04/06/2006 04/06/2006 04/07/2006 04/10/2006 04/18/2006
04/18/2006 06/13/2006 06/13/2006 06/13/2006

Set/Reset Deadlines: Summary Judgment motions due by 6/1/2006. Response to Motion for Summary Judgment due by 1/30/2006. Reply to Motion for Summary Judgment due by 2/14/2006. (rew, ) (Entered: 01/18/2006)
Set/Reset Hearings: Status Conference set for 7/28/2006 at 9:30 AM is OFF and reset for 11/13/2006 at 09:45 AM in Courtroom 27A before Judge Henry H. Kennedy. (rew, ) (Entered: 01/18/2006)
Set Hearing: Settlement Conference set for Monday, 9/18/2006 @ 09:30 AM in Courtroom 25 before Magistrate Judge Deborah A. Robinson. (EW) (Entered: 01/18/2006)
15 MOTION to Compel Discovery Responses by LINDA A. COLLINS. (Attachments: # 1 Exhibit 1 − Decl. of David Shapiro# 2 Civil Cover Sheet 2 − Motion to enlarge discovery# 3 Exhibit 3 − Motion to enlarge discovery# 4 Exhibit 4 − Interrogatories# 5 Exhibit 5 − Request for production of documents)(Shapiro, David) (Entered: 02/24/2006)
16 NOTICE of Change of Address by Daniel Harold Kurtenbach (Kurtenbach, Daniel) (Entered: 02/27/2006)
MINUTE ORDER granting 11 Joint Motion for Protective Order. The parties shall be bound by the terms of the stipulated protective order attached to their motion. (Kennedy, Henry) (Entered: 03/05/2006)
17 RESPONSE to 15 Plaintiff's Motion To Compel Discovery Responses filed by DONALD E. POWELL. (Kurtenbach, Daniel) Modified on 3/13/2006 (lc, ). (Entered: 03/10/2006)
MINUTE ORDER granting 15 Motion to Compel Discovery responses. Defendant is ordered to provide discovery responses by no later than March 24, 2006. (Kennedy, Henry) (Entered: 03/21/2006)
18 MOTION for Extension of Time to Provide Discovery Responses by DONALD E. POWELL. (Attachments: # 1 Text of Proposed Order)(Kurtenbach, Daniel) (Entered: 03/24/2006)
19 MOTION for Sanctions Pursuant to Rule 37 and Proposed Order by LINDA A. COLLINS. (Shapiro, David) (Entered: 04/04/2006)
20 Order Referring 19 Motion To United States Magistrate John M. Facciola. Signed by Judge Henry H. Kennedy, Jr., on April 6, 2006. (FL, ) (Entered: 04/06/2006)
Remark by the Clerk referring motion #20 to Magistrate Judge. (rew, ) (Entered: 04/06/2006)
CASE REFERRED to Magistrate Judge John M. Facciola for Motion #19. (jsc) (Entered: 04/10/2006)
21 ORDER re referral to Judge Facciola for motion #19. Signed by Magistrate Judge John M. Facciola on 4/10/06. (SP, ) (Entered: 04/10/2006)
22 Supplemental MEMORANDUM re 19 MOTION for Sanctions Pursuant to Rule 37 and Proposed Order filed by LINDA A. COLLINS, by LINDA A. COLLINS. (Attachments: # 1 Text of Proposed Order)(Shapiro, David) Modified on 4/19/2006 (lc, ). (Entered: 04/18/2006)
23 Memorandum in opposition to re 19 MOTION for Sanctions Pursuant to Rule 37 filed by DONALD E. POWELL. (Attachments: # 1 Exhibit Response to Interrogatory No. 6)(nmw, ) (Entered: 04/19/2006)
24 Consent MOTION for Hearing re 19 MOTION for Sanctions Pursuant to Rule 37 and Proposed Order by LINDA A. COLLINS. (Shapiro, David) (Entered: 06/13/2006)
25 Consent MOTION for Extension of Time to Complete Discovery by LINDA A. COLLINS. (Shapiro, David) (Entered: 06/13/2006)
Minute order granting 25 plaintiff's consent motion to enlarge discovery period. The discovery period is enlarged up to and including September 29, 2006, for the

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06/13/2006
06/14/2006 09/18/2006 10/24/2006 11/09/2006 11/09/2006
11/09/2006 11/16/2006 11/16/2006 11/20/2006 11/22/2006 11/22/2006 11/24/2006
12/01/2006 12/04/2006 12/04/2006

limited purpose of taking deposition testimony. Signed by Judge Henry H. Kennedy, Jr., on June 13, 2006. Official paperless order(FL, ) (Entered: 06/13/2006)
Discovery Schedule: Motions for summary judgment shall be due October 30, 2006; opposition by December 1, 2006, and replies due by December 15, 2006. Mediation will be from January 15 to March 16, 2007. Status call is scheduled for November 13, 2006, at 9:45 a.m., Courtroom 27A. (FL, ) (Entered: 06/13/2006)
Set/Reset Deadlines: Discovery enlarged up to and including 9/29/2006 for limited purpose of taking deposition testimony. (adc) (Entered: 06/14/2006)
Set Hearing: Settlement Conference set for Thursday, 2/8/2007 @ 09:30 AM in Room 2315−2nd Floor, E. Barrett Prettyman Building before Magistrate Judge Deborah A. Robinson. (EW) (Entered: 09/18/2006)
Set/Reset Hearing: Settlement Conference reset for 2/14/2007 09:30 AM in Room 2315−2nd Floor, E. Barrett Prettyman Building before Magistrate Judge Deborah A. Robinson. (EW) (Entered: 10/24/2006)
26 Consent MOTION to Continue Status Conference set for November 13, 2006 by DONALD E. POWELL. (Attachments: # 1 Affidavit Daniel H. Kurtenbach)(Jones, William) (Entered: 11/09/2006)
MINUTE ORDER granting 26 the motion to continue the status conference currently scheduled for 11/13/06. The clerk of the Court shall schedule the status hearing to proceed when the business of the court permits. (So Ordered Judge Henry H. Kennedy on 11/9/06.) OFFICIAL PAPERLESS ORDER (tj, ) (Entered: 11/09/2006)
Reset Hearings: Status Conference currently scheduled for 11/13/06 is OFF and rescheduled for 11/28/2006 @ 10:30 AM in Courtroom 27A before Judge Henry H. Kennedy. (tj ) (Entered: 11/09/2006)
27 NOTICE OF SUBSTITUTION OF COUNSEL by Richard Stephen Gill on behalf of DONALD E. POWELL Substituting for attorney Daniel H. Kurtenbach (Gill, Richard) (Entered: 11/16/2006)
28 NOTICE of Appearance by Richard Stephen Gill on behalf of DONALD E. POWELL (Gill, Richard) (Entered: 11/16/2006)
29 NOTICE of Appearance by Richard Stephen Gill on behalf of DONALD E. POWELL (Gill, Richard) (Entered: 11/20/2006)
30 MOTION for Discovery to be Re−opened by DONALD E. POWELL. (Attachments: # 1 Exhibit # 2 Proposed Enlargement of Discocery Order)(Gill, Richard) (Entered: 11/22/2006)
31 MOTION for Extension of Time to File Summary Judgment Motions, MOTION for Extension of Time to Complete Discovery by DONALD E. POWELL. (see docket entry #30 for document images). (zlc, ) (Entered: 11/24/2006)
32 Supplemental MOTION for Sanctions not be imposed on the FDIC by DONALD E. POWELL. (Attachments: # 1 Exhibit 1 Motion and Declaration of Attorney# 2 Exhibit Motion to Re−open Discovery)(Gill, Richard) Modified on 11/27/2006 (lc, ). (Entered: 11/24/2006)
33 Order Referring 30 , 31 , and 32 to United States Magistrate Judge John M. Facciola. Signed by Judge Henry H. Kennedy, Jr., on December 1, 2006. (FL, ) (Entered: 12/01/2006)
34 Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Discovery to be Re−opened by LINDA A. COLLINS. (Attachments: # 1 Text of Proposed Order)(Shapiro, David) (Entered: 12/04/2006)
35 Consent MOTION for Extension of Time to File Response/Reply as to 32 Supplemental MOTION for Sanctions not be imposed on the FDIC by LINDA A. COLLINS. (Attachments: # 1 Text of Proposed Order)(Shapiro, David) (Entered: 12/04/2006)

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12/05/2006 12/15/2006 12/18/2006
12/26/2006
12/26/2006 12/29/2006 12/29/2006 12/29/2006 01/03/2007 01/03/2007
01/08/2007 01/10/2007 01/18/2007
01/18/2007

CASE REFERRED to Magistrate Judge John M. Facciola for motions #30, 31 and 32. (jsc) (Entered: 12/08/2006)
36 Consent MOTION for Extension of Time to extend the period of time to respond to certain discovery motions. This is a consent motion filed by jointly by the plaintiff and by DONALD E. POWELL. (Attachments: # 1)(Gill, Richard) (Entered: 12/15/2006)
Minute order granting 36 plaintiff's motion for additional enlargements of time. Minute order granting 36 plaintiff's motion for additional enlargements of time. Plaintiff shall have up to and including December 26, 2006, in which to file a response to defendant's motion for leave to file supplemental opposition to plaintiff's motion for sanctions. Defendant shall have up to and including January 9, 2007, in which to file a reply to plaintiff's response to defendant's motion to re−open the time for taking discovery and filing summary judgment motions. Defendant shall have up to and including January 9, 2007, in which to file a sur−reply to plaintiff's response to defendant's motion for leave to file supplemental opposition to plaintiff's motion for sanctions. Signed by Judge Henry H. Kennedy, Jr., on December 18, 2006. Official paperless order (FL, ) (Entered: 12/18/2006)
37 MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Discovery to be Re−opened, 31 MOTION for Extension of Time to File MOTION for Extension of Time to Complete Discovery, 32 Supplemental MOTION for Sanctions not be imposed on the FDIC by LINDA A. COLLINS. (Shapiro, David) (Entered: 12/26/2006)
MINUTE ORDER granting 37 Motion for Extension of Time to File Response/Reply (Kennedy, Henry) (Entered: 12/26/2006)
38 MOTION for Extension of Time to respond to motion for leave to file supplemental opposition by LINDA A. COLLINS. (Renaud, Ellen) (Entered: 12/29/2006)
39 MOTION for Extension of Time to Complete Discovery by LINDA A. COLLINS. (Shapiro, David) (Entered: 12/29/2006)
40 Consent MOTION for Extension of Time to File Response/Reply to Defendant's Motions for Leave to file Supplemental Opposition to Plaintiiff's Motion for Sanctions and to extend Discovery Period and Dispositive Motions' Deadline by LINDA A. COLLINS. (Shapiro, David) (Entered: 12/29/2006)
MINUTE ORDER granting 39 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge John M. Facciola on 1/03/07. (SP, ) (Entered: 01/03/2007)
41 Memorandum in opposition to re 30 MOTION for Discovery to be Re−opened, 31 MOTION for Extension of Time to File MOTION for Extension of Time to Complete Discovery, 32 Supplemental MOTION for Sanctions not be imposed on the FDIC filed by LINDA A. COLLINS. (Attachments: # 1 Affidavit Sworn Declaration of David H. Shapiro)(Shapiro, David) (Entered: 01/03/2007)
42 Unopposed MOTION for Extension of Time to file certain Replies by DONALD E. POWELL. (Attachments: # 1)(Gill, Richard) (Entered: 01/08/2007)
MINUTE ORDER granting 42 Motion for Extension of Time. Signed by Magistrate Judge John M. Facciola on 1/10/07. (SP, ) (Entered: 01/10/2007)
43 REPLY to opposition to motion re 30 MOTION for Discovery to be Re−opened, 32 Supplemental MOTION for Sanctions not be imposed on the FDIC filed by DONALD E. POWELL. (Attachments: # 1 Exhibit Declaration of David Eisenstein# 2 Exhibit Declaration of Colleen Boles# 3 Exhibit Status Conference postponed until May 2, 2007)(Gill, Richard) (Entered: 01/18/2007)
44 SURREPLY to re 19 MOTION for Sanctions Pursuant to Rule 37 and Proposed Order filed by DONALD E. POWELL (see docket entry #43 for document images). (lc, ) (Entered: 01/22/2007)

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02/02/2007 02/02/2007 02/02/2007 03/16/2007 03/16/2007 03/19/2007
04/02/2007 04/24/2007 05/22/2007 07/16/2007 08/23/2007 08/23/2007
10/02/2007 10/16/2007 10/26/2007

MINUTE ORDER granting nunc pro tunc 18 Motion for Extension of Time to Provide Discovery Responses. Signed by Magistrate Judge John M. Facciola on 2/2/07. (SP, ) (Entered: 02/02/2007)
45 Consent MOTION for Extension of Time to postpone the settlement conference scheduled for February 14, 2007 by DONALD E. POWELL. (Attachments: # 1 Text of Proposed Order Postponement of Settlement Conference)(Gill, Richard) (Entered: 02/02/2007)
MINUTE ORDER by Magistrate Judge Deborah A. Robinson on 2/2/2007 granting 45 Motion for postponement of settlement until discovery is completed. (CM) Modified on 2/5/2007 (EW). (Entered: 02/02/2007)
MINUTE ORDER granting 24 Motion for Hearing; denying without prejudice 19 Motion for Sanctions. Signed by Judge Magistrate Judge John M. Facciola on 3/16/07. (SP, ) (Entered: 03/16/2007)
Set/Reset Hearings: Motion Hearing set for 4/3/2007 at 02:00 PM in Courtroom 6 before Magistrate Judge John M. Facciola. (SP, ) (Entered: 03/16/2007)
MINUTE ORDER granting nunc pro tunc 34 Motion for Extension of Time to File Response/Reply; granting nunc pro tunc 35 Motion for Extension of Time to File Response/Reply; granting nunc pro tunc 38 Motion for Extension of Time to; granting nunc pro tunc 40 Motion for Extension of Time to File Response/Reply. Signed by Judge Magistrate Judge John M. Facciola on 3/19/07. (SP, ) (Entered: 03/19/2007)
Set/Reset Hearings: Motions Hearing originally set for 4/3/2007 at 2:00 PM is reset for 5/24/2007 at 02:00 PM in Courtroom 6 before Magistrate Judge John M. Facciola. (SP, ) (Entered: 04/02/2007)
Reset Hearings: Status conference currently scheduled for Wednesday, May 2, 2007 @ 10am is OFF and rescheduled for Friday, July 20, 2007 @ 11:00 AM in Courtroom 27A before Judge Henry H. Kennedy. (tj ) (Entered: 04/24/2007)
Set/Reset Hearings: The motions hearing currently set for 5/24/2007 at 2:00 PM has been cancelled. A Status Conference is now set for 8/27/2007 at 10:00 AM in Courtroom 6 before Magistrate Judge John M. Facciola. (SP, ) (Entered: 05/22/2007)
Reset Hearings: Status Conference currently scheduled for 7/20/07 is now OFF and rescheduled for 10/19/2007 @ 10:00 AM in Courtroom 27A before Judge Henry H. Kennedy. (tj ) (Entered: 07/16/2007)
Set/Reset Hearings: Status Conference originally set for 8/27/2007 at 10:00 AM has been moved to 10/4/2007 at 10:00 AM in Courtroom 6 before Magistrate Judge John M. Facciola. (SP, ) (Entered: 08/23/2007)
MINUTE ORDER denying without prejudice 30 Motion for Discovery; denying without prejudice 31 Motion for Extension of Time to File; denying without prejudice 31 Motion for Extension of Time to Complete Discovery; denying without prejudice 32 Motion for Sanctions upon the joint representation by counsel that the parties are actively engaged in settlement negotiations. The motions may be refiled should efforts at settlement fail. Signed by Magistrate Judge John M. Facciola on 8/23/07. (SP, ) (Entered: 08/23/2007)
Set/Reset Hearings: Discovery Status Hearing set for 10/4/2007 at 10:00 AM has been moved to 10/29/2007 at 04:30 PM in Courtroom 6 before Magistrate Judge John M. Facciola. (SP, ) (Entered: 10/02/2007)
Reset Hearings: Status Conference currently scheduled for 10/19/07 is VACATED and rescheduled for 12/17/2007 @ 09:45 AM in Courtroom 27A before Judge Henry H. Kennedy. (tj ) (Entered: 10/16/2007)
MINUTE ORDER canceling discovery status conference set for 10/29/07 at 4:30 p.m. pursuant to the joint request of counsel. Signed by Magistrate Judge John M. Facciola on 10/26/07. (SP, ) (Entered: 10/26/2007)

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12/12/2007 12/14/2007
12/14/2007 03/03/2008 03/03/2008

46 Consent MOTION for Settlement to Postpone Status Conference Due to Settlement Discussions by DONALD E. POWELL (Gill, Richard) (Entered: 12/12/2007)
MINUTE ORDER granting 46 Motion to continue December 17, 2007, status hearing. The clerk of the court shall reschedule the status hearing to a time in March 2008, when the business of the court permits. (Kennedy, Henry) (Entered: 12/14/2007)
Reset Hearings: Status Conference currently scheduled for 12/17/07 is VACATED and rescheduled for 3/21/2008 @ 10:00 AM in Courtroom 27A before Judge y H. Kennedy. (tj, ) (Entered: 12/14/2007)
Set Hearing: Status Conference set for Tuesday, 3/11/2008 @ 11:00 AM in Courtroom 4−2nd Floor, E. Barrett Prettyman Building before Magistrate Judge Deborah A. Robinson. (EW) (Entered: 03/03/2008)
47 NOTICE of Voluntary Dismissal by LINDA A. COLLINS (Shapiro, David) (Entered: 03/03/2008)