UNITED STATES OF AMERICA, Plaintiff, v. ROBERTSON..., 2007 WL 2435555...

Jury Trial Demanded

2007 WL 2435555 (E.D.Mo.) (Trial Pleading) United States District Court, E.D. Missouri,
Eastern Division.
UNITED STATES OF AMERICA, Plaintiff, v.
ROBERTSON FIRE PROTECTION DISTRICT, Defendant.
No. 07CV01292. July 17, 2007.

Complaint

Wan J. Kim, Assistant Attorney General, Civil Rights Division, David J. Palmer, VA Bar 27802, Chief, Employment Litigation Section, Civil Rights Division.
William B. Fenton, DC Bar 414990, Deputy Chief, Kathleen T. Toomey, DC Bar 469841, Senior Trial Attorney, U.S. Department of Justice, Civil Rights Division, Employment Litigation Section, Room 4611, PHB, 950 Pennsylvania Ave., NW, Washington, DC 20530, Telephone: (202) 616-9504, Facsimile: (202) 514-1105, Email: kathleen.toomey@usdoj.gov.
Catherine L. Hanaway, United States Attorney, Nicholas P. Llewellyn #52836, Assistant United States Attorney, Chief, Civil Division, 111 South 10th Street, Room 20.333, St. Louis, MO 63102, Telephone: (314) 539-2200, Facsimile: (314) 539-2777, Email: nicholas.llewellyn@usdoj.gov, Attorneys for the United States of America.
Plaintiff United States of America (“United States”), alleges:
1. This action is brought on behalf of the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”).
2. This Court has jurisdiction over this action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345.
3. Defendant Robertson Fire Protection District (“Robertson FPD”) is a governmental agency and a political subdivision of the State of Missouri, created pursuant to Missouri law.
4. Defendant Robertson FPD is a person within the meaning of Section 701 (a) of Title VII, 42 U.S.C. § 2000e(a), and an employer within the meaning of Section 701(b) of Title VII, 42 U.S.C. § 2000e(b).
5. Lamont Downer and Ephraim Woods, Jr., African-American males, were employed by defendant Robertson FPD as fire inspectors between approximately May 1999 and May 2004. As fire inspectors, Downer and Woods earned approximately $42 per hour, held a rank equivalent to captain and worked 40 hours per week, from Monday through Friday.
6. In March 2004, Downer and Woods filed charges of discrimination with the Equal Employment Opportunity Commission (“EEOC”), alleging that defendant Robertson FPD was discriminating against them on the basis of their race, and that it had retaliated against them for engaging in protected activity during their employment.
7. On or about May 25, 2004, defendant Robertson FPD demoted Downer and Woods from fire inspector to firefighter. Defendant Robertson FPD cut Downer and Woods’s pay by approximately $15 per hour, reduced them to the rank of firefighter and required them to work 24-hour shifts.
8. At the time they were demoted, Woods and Downer were adequately performing their required job duties as fire inspectors and had never been subjected to any formal or informal disciplinary action for failure to adequately perform their jobs duties.
9. Defendant Robertson FPD has discriminated against Downer and Woods because of their race, African-American, in
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UNITED STATES OF AMERICA, Plaintiff, v. ROBERTSON..., 2007 WL 2435555...
violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), and has retaliated against Downer and Woods for filing charges of discrimination with the EEOC in violation of Section 704(a) of Title VII, 24 U.S.C. § 2000e-3(a) among other ways, by: a. Demoting Downer and Woods from fire inspector to firefighter; and,
b. Failing or refusing to take appropriate action to remedy the effects of its discriminatory treatment of Downer and Woods.
10. The EEOC received timely charges of discrimination filed by Downer (Charge No. 280200405850) and Woods (Charge No. 280200405847), in which each alleged that defendant Robertson FPD demoted him from fire inspector because of his race, African-American, and in retaliation for having previously filed a charge of discrimination against the Robertson FPD with the EEOC. The EEOC investigated Charge Nos. 280200405850 and 280200405847, found reasonable cause to believe the allegations of discrimination on the basis of race and retaliation were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charges, and subsequently referred the matter to the United States Department of Justice.
11. All conditions precedent to the filing of this Complaint have been performed or have occurred.
WHEREFORE, plaintiff United States prays that this Court grant the following relief: a. Enjoin defendant Robertson FPD from failing or refusing to:
i. provide sufficient remedial relief, including back pay with interest, to make Lamont Downer and Ephraim Woods, Jr. whole for the loss they have suffered as a result of the discrimination and retaliation against them as alleged in this Complaint;
ii. require Robertson FPD to adopt a racial discrimination and retaliation policy that includes clear, meaningful and well-publicized provisions describing responsibilities of all supervisors to report and respond to complaints of racial discrimination and retaliation, and to establish an effective mechanism for receiving and responding to complaints of racial discrimination and retaliation;
iii. provide adequate training to all Robertson FPD employees and officials responsible for making determinations regarding complaints of racial discrimination and retaliation; and
iv. take other appropriate nondiscriminatory measures to overcome the effects of discrimination and retaliation.
b. Award compensatory damages to Lamont Downer and Ephraim Woods, Jr. for mental and/or physical injuries incurred as a result of the discrimination and retaliation against them as alleged in this Complaint, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
The plaintiff United States prays for such additional relief as justice may require, together with its costs and disbursements in this action.
JURY DEMAND
The plaintiff United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
WAN J. KIM
Assistant Attorney General
Civil Rights Division
By: <<signature>>
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UNITED STATES OF AMERICA, Plaintiff, v. ROBERTSON..., 2007 WL 2435555... DAVID J. PALMER, VA Bar 27802 Chief Employment Litigation Section Civil Rights Division <<signature>> WILLIAM B. FENTON, DC Bar 414990 Deputy Chief KATHLEEN T. TOOMEY, DC Bar 469841 Senior Trial Attorney U.S. Department of Justice Civil Rights Division Employment Litigation Section Room 4611, PHB 950 Pennsylvania Ave., NW Washington, DC 20530 Telephone: (202)616-9504 Facsimile: (202) 514-1105 Email: kathleen.toomey@usdoj.gov CATHERINE L. HANAWAY United States Attorney By: <<signature>> NICHOLAS P. LLEWELLYN #52836 Assistant United States Attorney Chief, Civil Division 111 South 10th Street, Room 20.333 St. Louis, MO 63102 Telephone: (314) 539-2200 Facsimile: (314) 539-2777 Email: nicholas.llewellyn@usdoj.gov
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UNITED STATES OF AMERICA, Plaintiff, v. ROBERTSON..., 2007 WL 2435555... Attorneys for the United States of America
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 Case: 4:07-cv-01292-CDP Doc. #: 23 Filed: 05/23/08 Page: 1 of 11 PageID #: 96

UNITED STATES DISTRICf COURT EASTERN DISTRICf OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA, Plainti£t:

v.
ROBERTSON F.m.B . PROTECTION DISTRICT,
Defendant

Civil Action No. 4:07CV1292 CDP

CONSENT DECREE
In March 2004, Ephraim Woods, Jr., and Lllll!ODt Downer :filed clw:ges with tllll Equal Employment Opportunity Commission ("EEEC") against their employer, Robertson Fire Proteclion District ("Robertson"), alleging that they were being subjected to racial discrimination and maliation. Both charging parties are black. Shortly after Woods and Downer :filed their EEOC clw:gcs, Robertson demoted tblm from fire inspector to firefighter. In July 2004, Woods and Downer :filed a second set ofcharges alleging tbatRobetlsondemoted tblm because oftheir race and in relaliation for their earlier clw:ges ofdiscrimination. The EEOC fuund cause on tllll second set ofclw:ges and refened those matters to tllll U.S. Department ofJustice. The United States tlllln brought this IICiion alleging that Robertson violated Title VII oftllll Civil Rights Act of 1964,42 U.S.C. §§ 2000e, et seq., liS amended ("Title VII"), by demoting Woods and Downer because oftheir race, black, and in relaliation for
filins their first EEOC charges in March 2004.
Robertson denies each and every allegation ofdiscrimination made against it in this lawsuit and asserts Woods and Downer were not demoted because oftheir race or in retaliation

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for filing their first EEOC charges in March 2004. Nevertbel.ess, the United States and Robemon, desiring that this action be settled, and
without the burden of protracted litigation, lljp."!:le to the jmisdiction ofthis Court over the parties and the subject matter ofthis action. The United States and Robeztson also bllreby waive, for purposes ofthis Consent Decree ("Decree"), hearings and finding'! offilet and conclusions oflaw on all issues, and lljp."!:le to the entry ofthis Decree as final and binding between them with regan! to the issues raised in the UnitM States' Complaint in this case. This Decree, being entered iD:to with the consent ofthe United States and Robemon, sball in no way constitute an aqjudication or finding on the merits ofthe case, nor be construed as an admission by Robcatson or a finding of any wrongdoing or violation by Robertson ofany applicable fi:derallaw or regulation with respect to the allegations in the United States' Complaint.
In resolution ofthis action, the parties bllreby AGREE to, and the Court expressly APPROVES, ENTERS and ORDERS, the following: L PURPOSES OF THIS DECREE 1. The purposes ofthis Decree are to ensore that:
(a) Robertson not subject any employee to diseriminati.on on the basis of race or retaliation in violation ofTitle Vll (discrimination as nsed in this Decree includes harassment on the basis ofrace and/or retaliation in violation ofTitle Vll);
(b) Robemon maintains clesr, meaningful and well-publicized policies and procedures prohibiting discrimination on the basis ofrace or retaliation in the
workplace;
(c) Robertson provides adequate training to all employees, supervisors and Directors
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concerning Title VII's prohibitions against discrimination on the basis of race or retaliation, and on Robertson's policies and procedmes prohibiting discrimination on the basis of race or Mtaliation in the workplace; and (d) Robertson offers Woods and Downer certain individual relief.
n. SCOPE OF DECREE
2. Tbis Deaee resolves all legal and equitable claims arising out of the Uni'IOO S1ms' Complaint tiled against Robertson in this action. Woods, Downer and Robertson haw entered into a separate written agreement tbat contains a full relesse of all of Woods and Downers' potential claims against Robertson, including their Title VII claims, as well as o1bt:r matters not pertinent to the resolution of the Uni100 States' claims in this case.
m. GENERAL INJUNCI'IVE REI.IEF
3. Robertson, its employees, supervisors, Directors, agents and all individuals in active concert or participation with it, are enjoined from:
(a) engaging in any act or practice tbat unlawfully discriminates against any person on the basis ofrace in violation of Title VII; and
(b) retsHating against, or in any way ad:versel.y affecting the terms and conditions of employment of, any person because tbat person bas engaged in practices
protected under 42 U.S.C. § 2000e-3(a), including, but not limited to. cooperating
with tbe Uni'IOO S1ms' investigation or litigation oftbis case.

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IV. AMENDMENT AND DISSEMINATION OF' POIJCIESAND PROCEDURES 4. Wrtbin sixty (60) calendar days from 1he date ofenb:y ofthis Decree, Robel:13on sball review and, to the extent necessazy, amend its written policies and procedures that prohibit discrimination on 1he basis ofrace and retalia1ion, to ensure 1he following provisions are included the:tein:
(a) adescri.ptionoflhemannerin which an employee ofRobertson may make a complaint ofdiscrimination based on race or retalia1ion;
(b) a clear tttatement that a complaint of discrimination based on race or retalia1ion may be written or verbal;
(c) !he identification, by job title, of all individuals who are authorized to accept complaints ofemployment discrimination on 1he basis of race or retalia1ion against Robel:tson;
(d) a statement that all complaints of discrimination based on race or maliarion will be promptly and objectively investigated; and
(e) a statement that Robel:13on will provide 1he results ofan investigation into a complaint ofdiscrimination on1he basis ofrace or retaliaD.on to 1he complaini.ug party in writing. no later than thirty (30) calendar days from 1he date 1he complaint is received.
5. Wrlbin thirty (30) calendar days from 1he date of enb:y ofthis Decree, RobeJ:13on sbalJ. designate a person who sbalJ. have responsibility for ensuring that 1he written policies and procedme.s set forth in Paragraph 4, above, are fully implemented and complied with. 6. Wrlbin ten (1 0) calendar days from the date upon which Robel:13on implements the
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written policies and procedmes set forth in Pazagraph 4, above, Robertson sball distribute copies of such policies and procedures to all of its employees, supervisors and Di:rectors. 7. W'rthin ten (10) calendar days from the date upon which Robertson implements the written policies and procedures set forth in Pll1'llg1'8ph 4, above, RDberllion sball publicize such policies and procedures by, Inter alta, posting them in all buildings and tllcilities used for posting equal employment opportunity information, by email to all employees, and on any internet or intranet website used for posting notices or policy changes for or concerning Robertson.
8. RDbertson sball ensme that each new employee or Director teeeives acopy ofthe written
policies and procedures implemented putsuant to Pazagraph 4, above, at the time ofthe new employee's hire or at the time ofthe Director's election or appointment. Each new Robertson employee or Dil:ector sball sign an acknowledgment tbat she or he has read and understands such policies. The signed acknowledgment by a new employee sball be placed in the employee's personnel file; and the signed acknowledgment by a new Dil:ector sball be maintained by the Fire Chief. V. TRAINING 9. Within one hundred and eighty (180) calendar days from the date of entry ofthis Decree, Robertson sball provide live mandatmy trainiDg regarding Title vn•s prohibitions against discrimination based on nwe and re1aliati.on to all employees, supervisors and Directors. Such trainiDg sball specificaiJ:y include discussion ofthe written policies and procedures maintained by Robertson pmsuant to Paragraph 4, above. 10. Within sixty (60) calendar days prior to the CCIIJI!'T!eM'!U!Ctt of such trsinlng, Robertson sball select, with the concnrrence ofthe United States, a qualified individual or group of
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individuals to conduct the training required by Paragraph 9, abovt~. IfRobertson arui the United States cannot reach agreement as to the suitability ofthe individnal or group ofindividuals selected by Robertson to conduct the training, either party may movt~ the Court for a resolution ofthe issue as provided for in Paragraph 16. below. 11. Within thirty (30} calendar days following the completion ofthe training required by Paragraph 9, above. Robertson shall malce available to the United States copies ofall training
materials used, as well as written attend&DC(I records reflectiog that the training bas be1111
completed arui that all employees, supervisors arui Direetors required by Paragraph 9, above, to attend Sllllh training in frwt did so. VL INDIVIDUAL REUEF FOR MESSRS. WOODS and DOWNER 12. Without adinitting the allegations ofthe United States as set forth in its Complaint, and in settlement ofthe claims oftb.e United States for reliefon behalfofWoods arui Downer, Robertson shall:
(a) offer Woods arui Downer amooetmy awmd to compensate them for their losses.
The matterofmooetmyreliefis resolved in a separate agreement between Woods,
Downm arui Robertson; arui (b) provide a neutral job refeJ:enee to any tJmd pal1ies regarding Woods arui Downer.
The matter and nature ofthe job reference is resolved in a separate agreement betwe1111 Woods, Downer arui Robertson VD. RECORD RETENTION AND COMPLIANCE MONITORING 13. Robertson shall retain the following records during the term ofthis Decree or for the period oftime required by applicable federal record retcmtion requirements, wbiehever is longer:
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(a) the provisioos and e:ffective date of all written policies and procedures implemented pursuant to Paragraph 4, above;
(b) all posted notices and posters displayed in its work mas intended to convey infurmation regarding the prohibition ofemployment discriminlrtion On. the basis ofrace or retaliation in the worlcplace, as set forth in Paragraph 4, above, and the dates when such polieies and procedures 111:e posted on Robertson's intenlet or intranet website; and
(c) all documents that come into its possession relating to written or verbal complaints ofemployment discriminlrtion against Robertson on the basis ofrace or retaliation, ftom any individual, including do<:mnents relating to Robertson's invemgation and xesolulion ofany such complaints,
14. The United States shall have the right to review compliance with this Decree at any time, and shall have the right to inspect and copy any do<:mnents it deems necessary to monitor Robertson's compliance with this Decree, upon thirty (30) days written notice to Robertson, without further order ofthis Court. 15. Robertson shall report to the United States any complaint ofdiscrimination on the basis ofrace or retaliation made by any individual pursuant to Robertson'!! written polieies and procedures refeJ:en.:ed in Paragraph 4, above, within thirty (30) ~ofreceiving notice of such complaint. This includes any complaint made to the Equal Employment Opportunity Commission, the Missouri Human Rights Commission or an other state or local agency charged with enfOrcement ofanti-dillcrimination laws pertaining to employment.
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vm. DISPUTE RESOLUTION
16. The parties sball attempt to resolve infonnally any dispute 1hat may arise under this Decree. If1he parties are unable to resolve the dispute expeditiously, either party may move the Court for a resolution ofthe issue. IX. GENERAL PROVISIONS 17. The parties sball bear their own costs in this action, including llltmney's fees, incurred by them unti11he antry ofthis Decree by 1he Court. However, 1he parties sball retain the right to seek costs for any matter that, in 1he future, may arise under this Decree and requim resolu1ion by1heCourt.
18. All documenlll requited to be delivered under this Decree to 1he United Stams sball be sent by overnight mail to 1he at!lmtion of
Chief Employment Litigation Seetion U.S. Department of Justice Civil Rights Division 601 D Street, N.W., Room 4040 PHB, Fourth. Floor Washington, D.C. 20004 19. All documents required. to be delivered under this Decree to Robe.tlllonsball be seat to 1he at!lmtion of:
Chief Robe.ttson Fire Protection District 12641 Missouri Bottom. Road Hazelwood, MO 63042

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Case: 4:07-cv-01292-CDP Doc. #: 23 Filed: 05/23/08 Page: 9 of 11 PageID #: 104 X. JURISDICTION OF THE COURT 20. The Court shall mainjurisdiction over this Decree for the purpose ofresolving any disputes ot entering any orders that may be necessary to implement the reliefprovided in the Decree. At the end oftwo (2) year:s ftmn the date ofentry ofthis Decree, this Dectee shall be dissolved and this action shall be dismissed without furthet Older ofthe Court.
IT is so ORDERED, this .2..3r8-... day ofMay, 2008.
UNITED STATES DISTRICT JUDGE
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Case: 4:07-cv-01292-CDP Doc. #: 23 Filed: 05/23/08 Page: 10 of 11 PageID #: 105
AGREED AND CONSENTED TO:
On behalf ofphUntiffUnited States of An:lerlca:
GRACE CHUNG BECKER Acting Assistant Attorney Geru:ral Civil · Division
By:
ZICHOWSKI, WIBarNo.l014294 Adli&Chief KATHLEEN T. TOOMEY, DC Bar 469841 JEFFREY MORRISON, #160725 Senior Trial Attorneys U.S. Department of Justice Civil Rights Division
Employment Litigation Section
950 Pennsylvania Avenue, N.W. PHB, Fourth Floor Washington, D.C. 20530 Telephone: (202) 353-1845
kathleen.toomey@usdoj.gov
On behalf of defendant Robertson Fire Protection District:
By:

BRYANCAVELLP

,

~ilf!e-;

Travis Kearbey One Metropolitan Square, Suite 3600 211 N. Broadway

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Case: 4:07-cv-01292-CDP Doc. #: 23 Filed: 05/23/08 Page: 11 of 11 PageID #: 106
> '
St. Louis, Missouri 63102
(314) 259-2000 (314)259-2020 FAX
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 Case: 4:07-cv-1292 As of: 07/21/2014 10:01 AM CDT 1 of 4
U.S. District Court Eastern District of Missouri (St. Louis) CIVIL DOCKET FOR CASE #: 4:07−cv−01292−CDP

CLOSED

United States of America v. Robertson Fire Protection District Assigned to: Honorable Catherine D. Perry Related Case: 4:12−cv−01232−CDP Cause: 42:2000 Job Discrimination (Race)
Plaintiff

Date Filed: 07/17/2007 Date Terminated: 05/23/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

United States of America

represented by David J. Palmer Chief Employment Litigation Section 950 Pennsylvania Ave. NW Room 4611, PHB Washington,, DC 20530 (202)616−9504 Fax: (202) 514−1105 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathleen Toomey U.S. DEPARTMENT OF JUSTICE 950 Pennsylvania Avenue, N.W. Room 4236 PHB Washington, DC 20530 202−616−9504 Email: Kathleen.Toomey@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas P. Llewellyn OFFICE OF U.S. ATTORNEY 111 S. Tenth Street 20th Floor St. Louis, MO 63102 314−539−2200 Fax: 314−539−2777 Email: nicholas.llewellyn@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B. Fenton Deputy Chief 950 Pennsylvania Ave., NW Room 4611, PHB Washington,, DC 20530 (202)616−9504 Fax: (202) 514−1105 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey G. Morrison U.S. DEPARTMENT OF JUSTICE 950 Pennsylvania Avenue, N.W. Room 4236 PHB Washington, DC 20530 202−353−1845 Fax: 202−514−3964 Email: jeffrey.morrison@usdoj.gov ATTORNEY TO BE NOTICED

Case: 4:07-cv-1292 As of: 07/21/2014 10:01 AM CDT 2 of 4

V. Defendant Robertson Fire Protection District

represented by Charles H. Billings BRUNTRAGER AND BILLINGS 1735 S. Big Bend Boulevard St. Louis, MO 63117 314−646−0066 Fax: 314−646−0065 Email: chb@law−stl.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles B. Jellinek BRYAN CAVE LLP One Metropolitan Square 211 North Broadway Suite 3600 St. Louis, MO 63102 314−259−2000 Fax: 314−259−2020 Email: cbjellinek@bryancave.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Travis R. Kearbey BRYAN CAVE LLP One Metropolitan Square 211 North Broadway Suite 3600 St. Louis, MO 63102 314−259−2482 Fax: 314−2552−8482 Email: travis.kearbey@bryancave.com ATTORNEY TO BE NOTICED

Date Filed 07/17/2007 07/17/2007 07/19/2007
07/27/2007 07/31/2007

# Docket Text
1 COMPLAINT against Defendant Robertson Fire Protection District with Jury Demand filed by United States of America. 1 Waiver issued. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(CDD, ) (Entered: 07/18/2007)
WAIVER of Service issued for Defendant Robertson Fire Protection District. (CDD, ) (Entered: 07/18/2007)
2 ORDER OF INITIAL DISCOVERY; ORDERED plaintiff(s) shall forthwith serve process or mail waiver of service. ORDERED notwithstanding FRCP 26(d) and (f), any party who has entered an appearance may serve interrogatories and request for production or inspection upon plaintiff at any time and upon any other party after that party's entry of appearance. Parties shall respond to discovery requests w/in 30 days of service of discovery requests. No party may take oral depositions or serve requests for admissions prior to the Court's issuance of a CMO. As permitted by this Order, discovery shall commence immediately. FURTHER ORDERED plaintiff(s) shall serve a copy of this order along w/discovery requests to a party who has not entered an appearance as of the date of this order. Signed by Judge David D. Noce on 7/19/07. (CQL, ) (Entered: 07/19/2007)
3 WAIVER OF SERVICE Returned Executed filed by Robertson Fire Protection District Robertson Fire Protection District waiver sent on 7/17/2007, answer due 9/17/2007. (Billings, Charles) (Entered: 07/27/2007)
4 ENTRY of Appearance by Charles H. Billings for Defendant Robertson Fire Protection District. (Billings, Charles) (Entered: 07/31/2007)

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09/17/2007 09/17/2007 09/17/2007 09/18/2007
09/18/2007 09/20/2007 09/24/2007 09/24/2007 09/25/2007 09/25/2007 10/18/2007 10/18/2007 10/26/2007
10/26/2007 02/01/2008
02/04/2008 02/20/2008
02/22/2008 02/22/2008

5 ENTRY of Appearance by Charles B. Jellinek for Defendant Robertson Fire Protection District. (Jellinek, Charles) (Entered: 09/17/2007)
6 ENTRY of Appearance by Travis R. Kearbey for Defendant Robertson Fire Protection District. (Kearbey, Travis) (Entered: 09/17/2007)
7 ANSWER to Complaint by Robertson Fire Protection District.(Jellinek, Charles) (Entered: 09/17/2007)
8 RULE 16 ORDER This case is assigned to Track: 2 Joint Scheduling Plan due by 10/15/2007. Rule 16 Conference set for 10/18/2007 02:15 PM in Courtroom 17N before Mag Judge David D. Noce. Magistrate Consent due by 10/15/2007.. Signed by Judge David D. Noce on 9/18/07. (Attachments: # 1 Consent)(KKS, ) (Entered: 09/18/2007)
ORDER RECEIPT: (see receipt) Tue Sep 18 16:11:04 CDT 2007 (KKS, ) (Entered: 09/18/2007)
9 ENTRY of Appearance by Jeffrey G. Morrison for Plaintiff United States of America. (Morrison, Jeffrey) (Entered: 09/20/2007)
10 CJRA ORDER (jgw). Judge David D. Noce termed. Case reassigned to Judge Catherine D. Perry for all further proceedings (KKS, ) (Entered: 09/24/2007)
ORDER RECEIPT: (see receipt) Mon Sep 24 16:00:36 CDT 2007 (KKS, ) (Entered: 09/24/2007)
11 RULE 16 ORDER. This case is assigned to Track: 2 Standard. Rule 16 Conference set for 10/26/2007 10:00 AM In Chambers before Honorable Catherine D. Perry. Signed by Judge Catherine D. Perry on 9/25/07. (KLH, ) (Entered: 09/25/2007)
ORDER RECEIPT: (see receipt) Tue Sep 25 16:28:53 CDT 2007 (KLH, ) (Entered: 09/25/2007)
12 JOINT SCHEDULING PLAN by Plaintiff United States of America.. (Morrison, Jeffrey) (Entered: 10/18/2007)
13 JOINT SCHEDULING PLAN by Plaintiff United States of America. Verification of Signed Original. (Morrison, Jeffrey) (Entered: 10/18/2007)
14 CASE MANAGEMENT ORDER This case is assigned to Track: 2 (Standard) Motion to Join Parties due by 12/14/2007. Discovery Completion due by 5/12/2008. Non−Dispositive Motions due by 5/23/2007. ADR Future Reference 2/1/2008. Dispositive Motions due by 6/9/2008. Jury Trial set for 10/20/2008 08:30 AM in Courtroom 14S before Honorable Catherine D. Perry. Pretrial Compliance due by 10/1/2008. Motion in Limine due by 10/10/2008. Signed by Judge Catherine D. Perry on 10/26/07. (BAK, ) (Entered: 10/26/2007)
ORDER RECEIPT: (see receipt) Fri Oct 26 14:05:37 CDT 2007 (BAK, ) (Entered: 10/26/2007)
15 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation Designation of Lead Counsel: Kathleen Toomey ADR Conference Schedule due by 2/20/2008. Designation of Neutral due by 2/20/2008. ADR Completion Deadline due by 4/30/2008. Signed by Honorable Catherine D. Perry on 2/1/08. (BAK) (Entered: 02/01/2008)
ORDER RECEIPT: (see receipt) Mon Feb 4 08:38:11 CST 2008 (Berg, Melanie) (Entered: 02/04/2008)
16 Designation of Neutral by parties and ADR Conference Report by Plaintiff United States of America Neutral: Michael Geigerman Date of Conference: April 30, 2008 time: 9:30 am Location: USA &M Offices (Attachments: # 1 certificate of service, # 2 verification of signed original)(Toomey, Kathleen) (Entered: 02/20/2008)
17 NOTICE of Appointment of Neutral Neutral name: Michael Geigerman Neutral selected by Clerk of Court(BAK) (Entered: 02/22/2008)
ORDER RECEIPT: (see receipt) Fri Feb 22 16:18:27 CST 2008 (Kirkland, Beth) (Entered: 02/22/2008)

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05/02/2008 05/05/2008 05/05/2008 05/13/2008 05/14/2008
05/14/2008 05/23/2008
05/23/2008 05/23/2008 05/22/2014 05/22/2014

18 ADR COMPLIANCE REPORT by Neutral Michael Geigerman. Date of Conference: April 30, 2008. Participated in good faith: Y. The parties DID achieve a settlement.(RJD) (Entered: 05/02/2008)
19 SCHEDULING ORDER: Telephone Conference set for 5/16/2008 02:00 PM by Telephone before Honorable Catherine D. Perry. Signed by Honorable Catherine D. Perry on 5/5/08. (BAK) (Entered: 05/05/2008)
ORDER RECEIPT: (see receipt) Mon May 5 14:32:19 CDT 2008 (Kirkland, Beth) (Entered: 05/05/2008)
20 Consent MOTION to Continue telephone conference by Plaintiff United States of America. (Toomey, Kathleen) (Entered: 05/13/2008)
21 ORDER granting 20 Motion to Continue telephone conference Telephone Conference reset for 5/23/2008 11:00 AM before Honorable Catherine D. Perry. Counsel for the deft. shall initiate the call and have all parties on the line before contacting my chambers at 314−244−7520. Signed by Honorable Catherine D. Perry on 5/14/08. (LGK) (Entered: 05/14/2008)
ORDER RECEIPT: (see receipt) Wed May 14 14:12:21 CDT 2008 (Kresko, Lisa) (Entered: 05/14/2008)
22 Joint MOTION to Approve Consent Judgment by Plaintiff United States of America, Defendant Robertson Fire Protection District. (Attachments: # 1 Memo in Support of Motion, # 2 Proposed Consent Decree, # 3 Cert of Service, # 4 Vertification of Signed Original)(Morrison, Jeffrey) (Entered: 05/23/2008)
23 CONSENT DECREE. Signed by Honorable Catherine D. Perry on 5/23/08. (KLH) (Entered: 05/23/2008)
ORDER RECEIPT: (see receipt) Fri May 23 15:41:09 CDT 2008 (Hisaw, Kari) (Entered: 05/23/2008)
24 First MOTION for Extension of Hearing by Movant Howard &Johnson, LLC. Associated Cases: 4:12−cv−01232−CDP, 4:07−cv−01292−CDP(Johnson, Veronica) Modified on 5/23/2014 (CBL). (Entered: 05/22/2014)
***REMARK. Motion 24 filed in error in this case and has been terminated. See 4:12cv1232 Order 136 for ruling. (CBL) (Entered: 05/23/2014)