Case: United States v. City of Hialeah

1:94-cv-01140 | U.S. District Court for the Southern District of Florida

Filed Date: June 7, 1994

Closed Date: March 18, 2004

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Case Summary

On June 7, 1994 the United States Department of Justice ("D.O.J.") filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., in the United States District Court for the Southern District of Florida against the City of Hialeah, Florida. The D.O.J. asked the court for injunctive and compensatory relief, alleging that the defendant had violated Title VII through its discriminatory hiring practices in the police and fire departments, which excluded potential emplo…

The D.O.J. alleged that the defendant utilized written examinations in the selection of candidates for appointment to entry-level police officer and firefighter positions that had an adverse impact upon blacks. Furthermore, the examinations had been shown to not be job related and consistent with business necessity. On June 7, 1994 the parties entered into a tentative settlement agreement over the matter. The settlement agreement held that: (1) the city shall not engage in any act or practice that has either the purpose or effect of discrimination unlawfully against any black employee, applicant for black employment with the city's Police or Fire departments because of an individual's race. The city further agrees not to retaliate against or adversely affect any person because of that person's race, or because that person has opposed discriminatory policies or practices, or because that person's participation in or cooperation with the initiation, investigation, litigation, or administration; (2) The city shall implement a recruitment program to designed increase the number of black officers in its Police and Fire departments to reflect the availability and interest in the relevant labor market; (3) That the city shall immediately begin development of a written police officer and firefighter examinations that meet criterion validity. Development and validation of examinations shall be conducted by an outside consultant. The newly developed written examination shall: (a) have no adverse impact on test takers on the basis of race, national origin, or sex; (b) be demonstrably job related for the positions in questions and consistent with necessity; (4) The city shall provide priority employment to 15 former black firefighter applicants and 15 former black police applicants identified pursuant to terms of the agreement, 18 of the 30 would be offered employment within 6 months of the consent decree; (5) The individuals who accept priority employment shall be entitled to immediate retroactive seniority from within 6 months that the individual originally applied for employment and seniority shall be credited for all purposes with which seniority it used (including promotions, job bidding, pay reductions in force, shift assignments, vacations, and accrual of annual leave) as well as entitlement to full pension benefits; (6) The city shall also provide monetary relief in the form of $450,000 to be disbursed among all applicants that are deemed eligible.

On June 29, 1994, upon motion by the United States, the Dade County Police Benevolent Association ("P.B.A.") and Hialeah Association of Firefighters Local 112 ("Union") were added as defendants to ensure that provisions of the settlement agreement could be fully implemented. Both filed objections with the court and argued the city failed to bargain with the Union or P.B.A. over the terms of the agreement and had therefore violated law and had infringed upon the rights bargained for by incumbent employees under the collective bargaining agreement. On August 11, 1994, a fairness hearing occurred in which the court allowed a defendant-intervener and 200 other police officers to intervene and were allowed to present evidence against the retroactive seniority part of the settlement agreement. The disagreement was over competitive seniority in which the officers would be put at a disadvantage compared to their newly hired counterparts. On August 16, 1994 Judge Shelby Highsmith held: (1) proposed settlement agreement would not approved against objections of the non-consenting parties; (2) proposed agreement would not be approved because it was not "fair" due to the anticipated effect of agreement's remedial retroactive seniority provision upon incumbent city employees. The judge did agree that the plaintiff had established a prima facie case of discrimination. On December 9, 1994, the District Court approved a partial settlement agreement and consent decree which was nearly identical to the original except that it leaves open for litigation the question of whether retroactive competitive seniority should be imposed.

The D.O.J. appealed the decision to the U.S. Court of Appeals for the Eleventh Circuit. Individual police officers filed cross-appeals as objectors. Circuit Judge Edward Earl Carnes affirmed the District Court's decision and held that: (1) all orders refusing to enter consent decrees in Title VII cases are automatically appealable under statue allowing review of interlocutory district court orders refusing injunctions; (2) objecting party is entitled to adjudication of its rights at trial on merits before those rights are infringed or modified by consent decree; (3) proposed consent decree's retroactive competitive seniority provisions would adversely affect legal rights conferred on incumbent police and firefighters employees by their respective collective bargaining agreements, thus barring approval of those provisions over union's objections. The cross-appeal was found to be moot. Senior Circuit Judge Phyllis A. Kravitch filed a dissenting opinion in the case. Provisions of the Settlement Agreement were extended over the course of the next 6 years.

The case was closed on March 18, 2004.

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Summary Authors

James Floyd (11/5/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6079944/parties/united-states-v-city-of-hialeah/

Judge(s)

Highsmith, Shelby (Florida)

Kravitch, Phyllis A. (Georgia)

Attorney for Plaintiff

Harrell-James, Veronica Vanessa (Florida)

Attorney for Defendant

Axelrad, Andrew Marc (Florida)

Klausner, Robert David (Florida)

Expert/Monitor/Master/Other

Judge(s)

Highsmith, Shelby (Florida)

Kravitch, Phyllis A. (Georgia)

Attorney for Plaintiff

Harrell-James, Veronica Vanessa (Florida)

Levy, Allen W. (District of Columbia)

Simon, Leslie A. (District of Columbia)

Attorney for Defendant

Axelrad, Andrew Marc (Florida)

Klausner, Robert David (Florida)

Sugarman, Robert A (Florida)

Vilarello, Alejandro (Florida)

Expert/Monitor/Master/Other

Slesnick, Donald D. (Florida)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:94-cv-01140	Docket United States v. City of Hialeah, et al	March 18, 2004	March 18, 2004 Docket
1:94-cv-01140	Memorandum in Support of Motion to Intervene and Objections to the Stipulation and Settlement Agreements United States v. City of Hialeah, et al	Jan. 1, 1994	Jan. 1, 1994 Pleading / Motion / Brief
23 1:94-cv-01140	Opinion United States v. City of Hialeah, et al	Aug. 16, 1994	Aug. 16, 1994 Order/Opinion 899 F.Supp. 899
94-05083	Brief United States v. City of Hialeah, et al U.S. Court of Appeals for the Eleventh Circuit	Feb. 10, 1997	Feb. 10, 1997 Pleading / Motion / Brief
1:94-cv-01140	Reply Brief United States v. City of Hialeah, et al U.S. Court of Appeals for the Eleventh Circuit	May 1, 1997	May 1, 1997 Pleading / Motion / Brief
94-05083	Opinion United States v. City of Hialeah, et al U.S. Court of Appeals for the Eleventh Circuit	May 7, 1998	May 7, 1998 Order/Opinion 140 F.3d 140

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6079944/united-states-v-city-of-hialeah/

Last updated March 27, 2024, 3:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed; A-7 LRJ (mg, Deputy Clerk) (Entered: 06/16/1994)	June 7, 1994	June 7, 1994 PACER
2	JOINT MOTION by United States, City of Hialeah, Raul L Martinez, Hialeah Personnel, Dan Greenfield for entry of stipulation and settlement agreement (mg, Deputy Clerk) (Entered: 06/16/1994)	June 7, 1994	June 7, 1994 PACER
3	MEMORANDUM by United States, City of Hialeah, Raul L Martinez, Hialeah Personnel, Dan Greenfield in support of [2-1] joint motion for entry of stipulation and settlement agreement (mg, Deputy Clerk) (Entered: 06/16/1994)	June 7, 1994	June 7, 1994 PACER
4	Civil Action Certification, by United States Attorney. (mg, Deputy Clerk) (Entered: 06/16/1994)	June 7, 1994	June 7, 1994 PACER
5	ORDER granting [2-1] joint motion for entry of stipulation and settlement agreement hearing on joint motion set for 8/11/94 at 4:00 before Judge Shelby Highsmith ( signed by Judge Shelby Highsmith on 6/8/94) CCAP (mg, Deputy Clerk) (Entered: 06/16/1994)	June 8, 1994	June 8, 1994 PACER
6	MOTION by United States to join and add defendant (mg, Deputy Clerk) (Entered: 06/30/1994)	June 24, 1994	June 24, 1994 PACER
7	MEMORANDUM by United States in support of [6-1] motion to join and add defendant (mg, Deputy Clerk) (Entered: 06/30/1994)	June 24, 1994	June 24, 1994 PACER
8	ORDER granting [6-1] motion to join and add defendant Dade County Police Benevolent Association, Inc. and Hialeah Association of firefighters ( signed by Judge Shelby Highsmith on 6/28/94) CCAP (mg, Deputy Clerk) (Entered: 06/30/1994)	June 29, 1994	June 29, 1994 PACER
9	OBJECTIONS by Dade County Police to proposed stipulation and settlement agreement and motion to stay entry of court decree (not filed) (mg, Deputy Clerk) (Entered: 07/12/1994)	July 11, 1994	July 11, 1994 PACER
10	RESPONSE by Hialeah Association in opposition to settlement agreement (not filed) (mg, Deputy Clerk) (Entered: 07/12/1994)	July 11, 1994	July 11, 1994 PACER
11	RESPONSE by Rafael Suau in opposition to proposed stipulation and settlement agreement (not filed) (mg, Deputy Clerk) (Entered: 07/12/1994)	July 11, 1994	July 11, 1994 PACER
12	MEMORANDUM by Rafael Suau in support of [11-1] motion to intervene (mg, Deputy Clerk) (Entered: 07/12/1994)	July 11, 1994	July 11, 1994 PACER
13	OBJECTION by Hialeah Association to settlement agreement (not filed) (mg, Deputy Clerk) (Entered: 07/13/1994)	July 12, 1994	July 12, 1994 PACER
14	ANSWER to Complaint by Hialeah Association (Attorney Robert A. Sugarman),; jury demand (mg, Deputy Clerk) (Entered: 07/13/1994)	July 12, 1994	July 12, 1994 PACER
15	NOTICE of filing exhibit A (attached) by Hialeah Association (mg, Deputy Clerk) (Entered: 07/14/1994)	July 13, 1994	July 13, 1994 PACER
16	REQUEST by United States for Hearing on Rafael Suau motion to intervene (mg, Deputy Clerk) (Entered: 07/26/1994)	July 25, 1994	July 25, 1994 PACER
17	RESPONSE by United States in opposition to [11-1] motion to intervene (mg, Deputy Clerk) (Entered: 07/26/1994)	July 25, 1994	July 25, 1994 PACER
18	RESPONSE by United States to objections to [2-1] for entry of stipulation and settlement agreement (mg, Deputy Clerk) (Entered: 08/01/1994)	July 29, 1994	July 29, 1994 PACER
19	RESPONSE by City of Hialeah in opposition to [18-1] objections to final entry of stipulation and settlement agreement (mg, Deputy Clerk) (Entered: 08/02/1994)	Aug. 1, 1994	Aug. 1, 1994 PACER
20	REPLY by Rafael Suau to response to [11-1] motion to intervene (mg, Deputy Clerk) (Entered: 08/03/1994)	Aug. 2, 1994	Aug. 2, 1994 PACER
21	REPLY by Hialeah Association to response to [2-1] joint motion for entry of stipulation and settlement agreement (mg, Deputy Clerk) (Entered: 08/10/1994)	Aug. 9, 1994	Aug. 9, 1994 PACER
22	Minute entry for proceeding held before Judge Shelby Highsmith on 8/11/94: FAIRNESS HEARING granting [16-1] motion for Hearing on Rafael Suau motion to intervene, granting [11-1] motion to intervene - order on settlement to be issue (mg, Deputy Clerk) (Entered: 08/15/1994)	Aug. 12, 1994	Aug. 12, 1994 PACER
23	ORDER DENYING approval of settlement ( signed by Judge Shelby Highsmith on 8/16/94) CCAP (mg, Deputy Clerk) (Entered: 08/17/1994)	Aug. 16, 1994	Aug. 16, 1994 Clearinghouse
24	NOTICE of filing (attached) documents (stipulation and settlement agreement, letters of objections of 7/13/94, 7/14/94,7/1/94,7/8/94, 6/29/94 by Law Clerk (mg, Deputy Clerk) (Entered: 08/17/1994)	Aug. 16, 1994	Aug. 16, 1994 PACER
25	RESPONSE by City of Hialeah to request for production of documents as to Hialeah Association (mg, Deputy Clerk) (Entered: 08/23/1994)	Aug. 19, 1994	Aug. 19, 1994 PACER
26	Transcript filed re: hearing on motion to intervene Date: 8/11/94 Before Judge: Shelby Highsmith Volume No.: 1 Number of pages: 1-73 (mg, Deputy Clerk) (Entered: 08/24/1994)	Aug. 23, 1994	Aug. 23, 1994 PACER
27	REQUEST by United States, City of Hialeah, Raul L Martinez, Hialeah Personnel, Dan Greenfield, Dade County Police, Hialeah Association, Local 1102, Rafael Suau for Hearing on motion by all parties of stipulation and settlement agrement (mg, Deputy Clerk) (Entered: 10/04/1994)	Oct. 3, 1994	Oct. 3, 1994 PACER
28	MOTION by United States, City of Hialeah, Raul L Martinez, Hialeah Personnel, Dan Greenfield, Dade County Police, Hialeah Association, Local 1102, Rafael Suau for entry of settlement agreement pursuant to court order of 8/16/94 (mg, Deputy Clerk) (Entered: 10/04/1994)	Oct. 3, 1994	Oct. 3, 1994 PACER
29	ORDER granting [27-1] motion for Hearing on motion by all parties of stipulation and settlement agrement, Motion hearing before Judge Shelby Highsmith set for 9:00 12/9/94 for [28-1] motion for entry of settlement agreement pursuant to court order of 8/16/94 ( signed by Judge Shelby Highsmith on 10/11/94) CCAP (mg, Deputy Clerk) (Entered: 10/13/1994)	Oct. 11, 1994	Oct. 11, 1994 PACER
30	NOTICE OF INTERLOCUTORY APPEAL by United States of [23-1] order, EOD Date: 8/17/94; Filing Fee: FEE NOT REQUIRED; Copies to USCA and Counsel of Record. (Former Deputy Clerk) Modified on 04/21/1995 (Entered: 10/14/1994)	Oct. 13, 1994	Oct. 13, 1994 PACER
31	NOTICE OF INTERLOCUTORY APPEAL by Rafael Suau of [23-1] order, EOD Date: 8/17/94; Filing Fee: $ 105.00; Receipt #: 642289; Copies to USCA and Counsel of Record. (Former Deputy Clerk) Modified on 04/21/1995 (Entered: 10/26/1994)	Oct. 24, 1994	Oct. 24, 1994 PACER
32	NOTICE of corrected certificate of service by United States (mg, Deputy Clerk) (Entered: 10/31/1994)	Oct. 28, 1994	Oct. 28, 1994 PACER
33	NOTICE of Hearing: set settlement conference for 9:30 12/9/94 before Judge Shelby Highsmith (mg, Deputy Clerk) (Entered: 11/07/1994)	Nov. 4, 1994	Nov. 4, 1994 PACER
34	CERTIFICATE OF SERVICE of docket sheet by Rafael Suau (mg, Deputy Clerk) (Entered: 11/09/1994)	Nov. 8, 1994	Nov. 8, 1994 PACER
35	DESIGNATION by United States of record on appeal (Former Deputy Clerk) (Entered: 11/10/1994)	Nov. 10, 1994	Nov. 10, 1994 PACER
36	Minute entry for proceeding held before Judge Shelby Highsmith on 12/9/94: fairness hearing on proposed race discrimination settlement - court finds new proposal meets "fairness" requiremen - court will approve settlement as written and adopts as order of the court (mg, Deputy Clerk) (Entered: 12/12/1994)	Dec. 9, 1994	Dec. 9, 1994 PACER
37	ORDER approving [37-1] settlement agreement ( signed by Judge Shelby Highsmith on 12/9/94) CCAP (mg, Deputy Clerk) (Entered: 12/12/1994)	Dec. 9, 1994	Dec. 9, 1994 PACER
38	Notice to the court of partial compliance: by City of Hialeah with [37-1] order approving settlement (mg, Deputy Clerk) (Entered: 01/27/1995)	Jan. 26, 1995	Jan. 26, 1995 PACER
39	NOTICE to the Court of proposed partial compliance with article V individual relief of the stipulation settlement agreement by City of Hialeah (mg, Deputy Clerk) (Entered: 02/21/1995)	Feb. 16, 1995	Feb. 16, 1995 PACER
40	MEMORANDUM by City of Hialeah in support of [39-1] proposed partial compliance with article V (mg, Deputy Clerk) (Entered: 02/21/1995)	Feb. 17, 1995	Feb. 17, 1995 PACER
41	MOTION by Hialeah Association for an expedited hearing and order enforcing the settlement agreement (Former Deputy Clerk) (Entered: 06/06/1995)	May 31, 1995	May 31, 1995 PACER
42	MEMORANDUM by Hialeah Association in support of [41-1] motion for an order enforcing the settlement agreement (Former Deputy Clerk) (Entered: 06/06/1995)	May 31, 1995	May 31, 1995 PACER
43	OPPOSITION by United States to [41-1] motion for an expedited hearing and order enforcing the settlement agreement (cp, Deputy Clerk) (Entered: 06/12/1995)	June 6, 1995	June 6, 1995 PACER
44	RESPONSE by City of Hialeah in opposition to [41-1] motion for an expedited hearing and order enforcing the settlement agreement (Former Deputy Clerk) (Entered: 06/13/1995)	June 7, 1995	June 7, 1995 PACER
45	MOTION by Hialeah Personnel, Iaff Local 1102 for Hearing on its motion for order enforcing the settlement agreement (mg, Deputy Clerk) (Entered: 07/14/1995)	July 10, 1995	July 10, 1995 PACER
46	OPPOSITION by United States to [45-1] motion for Hearing on its motion for order enforcing the settlement agreement (mg, Deputy Clerk) (Entered: 07/19/1995)	July 17, 1995	July 17, 1995 PACER
47	MEMORANDUM by United States in opposition to [45-1] motion for Hearing on its motion for order enforcing the settlement agreement (Former Deputy Clerk) (Entered: 08/18/1995)	Aug. 16, 1995	Aug. 16, 1995 PACER
48	ORDER denying [45-1] motion without prejudice for Hearing on its motion for order enforcing the settlement agreement, denying [41-1] motion for hearing as moot. settlement agreement (signed by Judge Shelby Highsmith on 8/22/95) CCAP (Former Deputy Clerk) (Entered: 08/24/1995)	Aug. 22, 1995	Aug. 22, 1995 PACER
49	REQUEST by United States, City of Hialeah for Hearing Pursuant to Paragraph 40 of the Court's Order of 12/9/94 (Former Deputy Clerk) (Entered: 11/09/1995)	Nov. 6, 1995	Nov. 6, 1995 PACER
50	MEMORANDUM by United States, City of Hialeah in support of [49-1] motion for Hearing Pursuant to Paragraph 40 of the Court's Order of 12/9/94 (Former Deputy Clerk) (Entered: 11/09/1995)	Nov. 6, 1995	Nov. 6, 1995 PACER
51	STIPULATION AND Settlement agreement Pursuant to Court's Order of 8/16/95 by Members of P.U.L.S.E (Former Deputy Clerk) (Entered: 12/06/1995)	Nov. 30, 1995	Nov. 30, 1995 PACER
52	ORDER GRANTED [49-1] motion for Hearing Pursuant to Paragraph 40 of the Court's Order of 12/9/94. The hearing shall be held before this Court in the Federal Justice Building, 99 NE 4 St, 10 FL, Courtroom 5, on 2/16/95 at 3pm. (signed by Judge Shelby Highsmith on 11/30/95) CCAP (Former Deputy Clerk) (Entered: 12/07/1995)	Dec. 1, 1995	Dec. 1, 1995 PACER
53	OBJECTION to notice of determination by Kevin Leandrew Humes (vp, Deputy Clerk) (Entered: 12/28/1995)	Dec. 15, 1995	Dec. 15, 1995 PACER
54	NOTICE of request for appeal of decision of Employment Litigation Section by Harrison Crenshaw. (vp, Deputy Clerk) (Entered: 12/28/1995)	Dec. 19, 1995	Dec. 19, 1995 PACER
78	OBJECTIONS to [51-1] settlement determination by Cedric Philpot (vp, Deputy Clerk) Modified on 03/15/1996 (Entered: 03/15/1996)	Dec. 26, 1995	Dec. 26, 1995 PACER
55	OBJECTION in opposition to the Notice of Determination (Former Deputy Clerk) Modified on 01/02/1996 (Entered: 01/02/1996)	Dec. 27, 1995	Dec. 27, 1995 PACER
56	RESPONSE by Gloria Norman-Dollar in opposition to notice of determination (vp, Deputy Clerk) (Entered: 01/03/1996)	Dec. 28, 1995	Dec. 28, 1995 PACER
57	RESPONSE by Ishman Davis in opposition to notice of determination (vp, Deputy Clerk) (Entered: 01/10/1996)	Jan. 2, 1996	Jan. 2, 1996 PACER
79	OBJECTIONS to [51-1] settlement determination by Yolene Charles-Levasseur (vp, Deputy Clerk) (Entered: 03/15/1996)	Jan. 5, 1996	Jan. 5, 1996 PACER
58	RESPONSE by Renand Monestime in opposition to notice of determination (vp, Deputy Clerk) (Entered: 01/18/1996)	Jan. 8, 1996	Jan. 8, 1996 PACER
80	OBJECTIONS to [51-1] settlement determination by Charles A. Harrington (vp, Deputy Clerk) (Entered: 03/15/1996)	Jan. 11, 1996	Jan. 11, 1996 PACER
63	RESPONSE in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)	Jan. 12, 1996	Jan. 12, 1996 PACER
59	RESPONSE by U. Marshall in opposition to notice of determination (vp, Deputy Clerk) (Entered: 01/24/1996)	Jan. 16, 1996	Jan. 16, 1996 PACER
60	RESPONSE by livingston Joseph Rolle in opposition to notice of determination (vp, Deputy Clerk) (Entered: 01/24/1996)	Jan. 16, 1996	Jan. 16, 1996 PACER
64	RESPONSE by Cormilus W. Lattimore in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)	Jan. 17, 1996	Jan. 17, 1996 PACER
65	RESPONSE by Christopher Lee Freeman in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)	Jan. 18, 1996	Jan. 18, 1996 PACER
66	MOTION by Colin P. Duncombe to address the court at Objections hearing presently set for 2/16/96 (vp, Deputy Clerk) (Entered: 02/01/1996)	Jan. 18, 1996	Jan. 18, 1996 PACER
67	RESPONSE by Livingston Joseph Rolle in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)	Jan. 18, 1996	Jan. 18, 1996 PACER
68	NOTICE to clerk of court of dissatisfaction with settlement amount by Gabriel P. Davis, Sr. (vp, Deputy Clerk) (Entered: 02/01/1996)	Jan. 18, 1996	Jan. 18, 1996 PACER
61	NOTICE of filing attached letter dated 1/14/96, from Andre V. Snell (Clerk 1/19/96). (cp, Deputy Clerk) (Entered: 01/30/1996)	Jan. 19, 1996	Jan. 19, 1996 PACER
62	Letter from Serge Mondelus re: written exam records (cp, Deputy Clerk) (Entered: 01/30/1996)	Jan. 19, 1996	Jan. 19, 1996 PACER
69	RESPONSE by Kevin Owen Sherrod in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)	Jan. 22, 1996	Jan. 22, 1996 PACER
70	REQUEST by Kenneth Wilcox to address the court at objections hearing (vp, Deputy Clerk) (Entered: 02/01/1996)	Jan. 22, 1996	Jan. 22, 1996 PACER
71	RESPONSE by Therese Homer in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)	Jan. 22, 1996	Jan. 22, 1996 PACER
72	RESPONSE by Robert Burke in opposition to notice of determination (vp, Deputy Clerk) (Entered: 02/01/1996)	Jan. 22, 1996	Jan. 22, 1996 PACER
73	MEMORANDUM by United States in response to claimant objections to the relief determinations of the United States and City of Hialeah (vp, Deputy Clerk) (Entered: 02/14/1996)	Feb. 6, 1996	Feb. 6, 1996 PACER
74	MEMORANDUM by City of Hialeah in response to [73-1] objections to relief determinations (vp, Deputy Clerk) (Entered: 02/23/1996)	Feb. 13, 1996	Feb. 13, 1996 PACER
75	Minutes of settlement agreement held before Judge Shelby Highsmith on 2/16/96; Court Reporter Name: Watford (lk, Deputy Clerk) (Entered: 02/24/1996)	Feb. 16, 1996	Feb. 16, 1996 PACER
76	NOTICE of filing a proposed order by United States (vp, Deputy Clerk) (Entered: 03/07/1996)	Feb. 26, 1996	Feb. 26, 1996 PACER
77	NOTICE of filing letter from Aldean Brown by court (vp, Deputy Clerk) (Entered: 03/14/1996)	March 6, 1996	March 6, 1996 PACER
81	ORDER ON OBJECTIONS TO RELIEF DETERMINATIONS striking [77-1] notice of filing letter of Aldean Brown as untimely and not incompliance with court order, denying the objections of Emma Jean Frederick and Alex Emmanuel, denying [72-1] objections of Robert Burke, denying [71-1] objections of Therese Homer, denying objections of Kenneth Wilcox and motion to address the court at objections hearing, sustaining [69-1] objections of Kevin Sherrod and approving amended relief determination, overruling [62-1] objections of Serge Mondelus, overruling [61-1] objections of Andre Snell, denying [68-1] objections of Gabriel Davis, denying [67-1] objections of Livingston J. Rolle, denying [66-1] objections of Colin Duncombe and motion to address the court at hearing, denying [65-1] objections of Christopher Freeman, denying [64-1] objections of Cormilus Lattimore, denying [60-1] objections of Livingston Rolle, denying [59-1] objections of Udina Hardnett-Marshall, denying [63-1] objections of Marcus Starks, denying [80-1] objections of Charles Harrington, denying [58-1] objections of Renand Monestine, overruling as moot [79-1] objections of Yolene Charles-Levasseur, denying [57-1] objections of Ishman Davis, denying [56-1] objections of Gloria Norman-Dollar, denying [55-1] objections by Melvin Roomes, sustaining [78-1] objections by Cedric Philpot and approving the amended relief determination,denying [54-1] objections by Harrison Crenshaw, sustaining the [53-1] objections of Kevin Humes and approving the amended relief determination, sustaining objections of Aly Justime and approving the amended relief determination. All parties are directed to comply with all provisions of the 12/9/94 order ( signed by Judge Shelby Highsmith on 3/6/96) CCAP (vp, Deputy Clerk) (Entered: 03/15/1996)	March 6, 1996	March 6, 1996 PACER
82	REQUEST by Draeshawn Thomas Butler for reconsideration (Former Deputy Clerk) (Entered: 04/24/1996)	April 16, 1996	April 16, 1996 PACER
83	MEMORANDUM by United States in resonse to Claminat Draeschawn Thomas Butler's [82-1] objection to determination, and, [82-1] request for reconsideration (Former Deputy Clerk) (Entered: 05/02/1996)	April 23, 1996	April 23, 1996 PACER
84	MEMORANDUM IN RESPONSE by City of Hialeah to [82-1] request for reconsideration and notice of concurrence with brief of United States dated 4/24/96 [82-1] Draeshawn Thomas Butler's Objection to Determination. (Former Deputy Clerk) (Entered: 05/09/1996)	May 3, 1996	May 3, 1996 PACER
85	ORDER OBJECTION OF DRAESHAWN THOMS BUTLER The Court finds that the claimant's objection is untimely. Therefore, the Court OVERRULES the objection of Claimant Draeshawn Thomas Butler. (signed by Judge Shelby Highsmith on 5/8/96) CCAP (Former Deputy Clerk) (Entered: 05/14/1996)	May 8, 1996	May 8, 1996 PACER
86	ORDER granting [86-1] stipulation (signed by Judge Shelby Highsmith on 9/29/97) CCAP (gz, Deputy Clerk) (Entered: 10/01/1997)	Sept. 29, 1997	Sept. 29, 1997 PACER
87	Transcript filed re: Hearing on proposed settlement Date: 12/9/94 Before Judge: Shelby Highsmith Volume No.: 1 Number of pages: 1-8 (cj, Deputy Clerk) (Entered: 06/09/1998)	June 5, 1998	June 5, 1998 PACER
88	MANDATE OF USCA (certified copy) dismissing [31-1] appeal as moot, affirming judgment of District Court re: [30-1] appeal; Mandate Issued Date: 7/1/98; USCA Appeal #: 94-5083; Copy to Judge. (cp, Deputy Clerk) (Entered: 07/14/1998)	July 10, 1998	July 10, 1998 PACER
89	ORDER set status conference for 9:00 8/17/98 before Judge Shelby Highsmith ( signed by Judge Shelby Highsmith on 7/16/98) CCAP (cj, Deputy Clerk) (Entered: 07/27/1998)	July 16, 1998	July 16, 1998 PACER
90	MOTION by City of Hialeah to vacate [89-2] order and suggestion of mootness (Former Deputy Clerk) (Entered: 08/05/1998)	July 31, 1998	July 31, 1998 PACER
91	NOTICE of attorney appearance for United States by Allen W. Levy - Department of Justice (cp, Deputy Clerk) (Entered: 08/06/1998)	Aug. 3, 1998	Aug. 3, 1998 PACER
92	NOTICE of concurrence by Dade County Police (cj, Deputy Clerk) (Entered: 08/10/1998)	Aug. 7, 1998	Aug. 7, 1998 PACER
93	JOINT STATUS REPORT by Draeshawn Thomas Butler, Rafael Suau, Local 1102, Hialeah Association, Dade County Police, Dan Greenfield, Hialeah Personnel, Raul L Martinez, City of Hialeah, United States (cj, Deputy Clerk) (Entered: 08/11/1998)	Aug. 7, 1998	Aug. 7, 1998 PACER
94	RESPONSE by United States in opposition to [90-1] motion to vacate [89-2] order (cj, Deputy Clerk) (Entered: 08/11/1998)	Aug. 7, 1998	Aug. 7, 1998 PACER
95	NOTICE of concurrence by Rafael Suau (cj, Deputy Clerk) (Entered: 08/12/1998)	Aug. 10, 1998	Aug. 10, 1998 PACER
96	MOTION by Hialeah Association to vacate [89-2] order (cj, Deputy Clerk) (Entered: 08/12/1998)	Aug. 10, 1998	Aug. 10, 1998 PACER
97	ORDER canceling status conference ( signed by Judge Shelby Highsmith on 8/11/98) CCAP (cj, Deputy Clerk) (Entered: 08/13/1998)	Aug. 11, 1998	Aug. 11, 1998 PACER
98	NOTICE of attorney appearance for United States by Allen W. Levy (cj, Deputy Clerk) (Entered: 08/13/1998)	Aug. 11, 1998	Aug. 11, 1998 PACER
99	RESPONSE by City of Hialeah in opposition to [96-1] motion to vacate [89-2] order (cj, Deputy Clerk) (Entered: 08/19/1998)	Aug. 17, 1998	Aug. 17, 1998 PACER
100	MOTION by United States for Hearing on oral argument (cj, Deputy Clerk) (Entered: 08/20/1998)	Aug. 18, 1998	Aug. 18, 1998 PACER