Case: Murphy v. Super Steel Schenectady

1:06-cv-00480 | U.S. District Court for the Northern District of New York

Filed Date: April 18, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On April 18, 2006, a group of male African American workers filed a lawsuit under the Declaratory Judgment Act 28 U.S.C. §§ 1331, 1343(a)(4), 2201 and 2202; and the Civil Rights Act of 1866, 42 U.S.C. § 1981 (hereafter § 1981) against Super Steel Schenectady Incorporated in United States District Court, Northern District of New York. The plaintiffs, represented by private counsel, asked the Court for injunctive relief and damages to remedy the racially hostile work environment at Super Steel. …

On April 18, 2006, a group of male African American workers filed a lawsuit under the Declaratory Judgment Act 28 U.S.C. §§ 1331, 1343(a)(4), 2201 and 2202; and the Civil Rights Act of 1866, 42 U.S.C. § 1981 (hereafter § 1981) against Super Steel Schenectady Incorporated in United States District Court, Northern District of New York. The plaintiffs, represented by private counsel, asked the Court for injunctive relief and damages to remedy the racially hostile work environment at Super Steel. Specifically, the plaintiffs contended that the work environment at Super Steel Schenectady was one of volatile racial remarks and actions. The plaintiffs also claimed that this practice of racial discrimination and segregation has challenged their personal safety, prevented them from training opportunities, prevented promotions, and caused some to even leave their job.

On January 25, 2007, the United States District Court of Northern New York with Judge Gary Sharpe, approved a Settlement Agreement and dismissed the action with prejudice. According to the Consent Decree, the defendant agreed to pay a total of $1,250,000 and also adopt various equitable remedies to reduce discrimination.

The decree was entered in 2007 and scheduled to last 2009. No further docket entries exist, so the case is closed.

Summary Authors

Kunyi Zhang (8/31/2010)

Clearinghouse (12/23/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6079218/parties/murphy-v-super-steel-schenectady-inc/


Judge(s)
Attorney for Plaintiff

Bloom, Shayna (District of Columbia)

Bloom (dup), Shayna (Maryland)

Fentonmiller, Laura C. (District of Columbia)

Heisler, Jeremy (New York)

Attorney for Defendant

Gilbride, Joan M. (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:06-cv-00480

Docket [PACER]

Murphy v. Super Steel Schenectady Incorporated

Aug. 3, 2007

Aug. 3, 2007

Docket
1

1:06-cv-00480

Complaint

Murphy v. Super Steel Schenectady Incorporated

April 18, 2006

April 18, 2006

Complaint

Press Release

Murphy v. Super Steel Schenectady Inc.

No Court

April 21, 2006

April 21, 2006

Press Release
12

1:06-cv-00480

Order

Murphy v. Super Steel Schenectady Incorporated

Jan. 24, 2007

Jan. 24, 2007

Order/Opinion
11

1:06-cv-00480

Consent Decree (Proposed)

Jan. 24, 2007

Jan. 24, 2007

Settlement Agreement
14

1:06-cv-00480

Order Preliminarily Approving Class Settlement

Murphy v. Super Steel Schenectady Incorporated

Jan. 25, 2007

Jan. 25, 2007

Order/Opinion
22

1:06-cv-00480

Motion Hearing Minutes

Murphy v. Super Steel Schenectady, Inc.

April 23, 2007

April 23, 2007

Transcript
23

1:06-cv-00480

Dismissal Order

Murphy v. Super Steel Schenectady Incorporated

April 23, 2007

April 23, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6079218/murphy-v-super-steel-schenectady-inc/

Last updated March 25, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Super Steel Schenectady Inc. ( Filing fee $ 350 receipt number ALB002239) filed by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr.(wbl, ) (Entered: 04/19/2006)

April 18, 2006

April 18, 2006

PACER
2

G.O. 25 FILING ORDER ISSUED Initial Conference set for 8/22/2006 09:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 8/14/2006. (wbl, ) (Entered: 04/19/2006)

April 18, 2006

April 18, 2006

PACER
3

NOTICE by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr of Motion for Admission Pro Hac Vice (Attachments: # 1 Affidavit Affidavit of Sponsor for Admission Pro Hac Vice# 2 E-Filing Registration# 3 E-Filing Registration# 4 E-Filing Registration# 5 Certificate of Good Standing for D. Sanford# 6 Certificate of Good Standing for J. Wipper# 7 Certificate of Good Standing for J. Heisler# 8 E-Filing Registration# 9 Certificate of Good Standing for G. Morris# 10 Petition for Admission to Practice for D. Sanford# 11 Petition for Admission to Practice for G. Morris# 12 Petition for Admission to Practice for J. Wipper# 13 Petition for Admission to Practice for J. Heisler# 14 Proposed Order/Judgment Proposed Order for Admission Pro Hac Vice)(Wittels, Steven) (Entered: 06/16/2006)

2 Affidavit Affidavit of Sponsor for Admission Pro Hac Vice

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3 E-Filing Registration

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4 E-Filing Registration

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5 E-Filing Registration

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6 Certificate of Good Standing for D. Sanford

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7 Certificate of Good Standing for J. Wipper

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8 Certificate of Good Standing for J. Heisler

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9 E-Filing Registration

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10 Certificate of Good Standing for G. Morris

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11 Petition for Admission to Practice for D. Sanford

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12 Petition for Admission to Practice for G. Morris

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13 Petition for Admission to Practice for J. Wipper

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14 Petition for Admission to Practice for J. Heisler

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15 Proposed Order/Judgment Proposed Order for Admission Pro Hac Vice

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June 16, 2006

June 16, 2006

PACER
4

ORDER granting 3 Motion for PHV Admission of Jeremy Heisler, David W. Sanford, Grant E. Morris, and Janette L. Wipper, Esqs., added for Pltfs. Signed by Judge David R. Homer on 7/12/06. (amt, ) (Entered: 07/13/2006)

July 12, 2006

July 12, 2006

PACER
5

NOTICE of Hearing: Initial Conference set for 9/12/2006 09:30 AM in Albany before Judge Gary L. Sharpe. Civil Case Management Plan due by 9/6/2006. (tab) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

PACER
6

Letter Motion from David W. Sanford for Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr requesting that the Rule 16 Scheduling Conference and Case Management Plan be postponed until after the 9/14-9/15 Mediation submitted to Judge David R. Homer. (Wittels, Steven) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

PACER
7

NOTICE of Appearance by Joan M. Gilbride on behalf of Super Steel Schenectady Inc. (Gilbride, Joan) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

PACER
8

TEXT NOTICE. The Rule 16 conference previously rescheduled to 9/12/06 at 9:30 a.m. is RESCHEDULED to OCTOBER 18, 2006 at 9:30 a.m. pursuant to the letter/request of plaintiff's counsel dated 8/17/06 to allow the parties to participate in class mediation. The Rule 16 conference may be conducted by telephone. Plaintiff's counsel is to initiate telephone conference. The Case Management Plan's due date is 10/11/06. (lah, ) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

PACER
9

Letter from Atty Gilbride to the Court dd 10/11/06 advising of settlement, and requesting adjournment of Rule 16 conference; so ordered by Judge Homer. (sfp, ) Modified on 10/16/2006 to insert text re: request and order (cbm, ). (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

PACER
10

NOTICE of Settlement and Request for Preliminary Approval Hearing re Consent Decree by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Super Steel Schenectady Inc., Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr (Attachments: # 1 Consent Decree)(Sanford, David) (Entered: 12/22/2006)

2 Consent Decree

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Dec. 22, 2006

Dec. 22, 2006

PACER
11

NOTICE by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr re 10 Notice of Settlement, Consent Decree with Appendices (Attachments: # 1 Appendix I-Claim Form# 2 Appendix II-Release# 3 Appendix III-Notice of Settlement)(Sanford, David) (Entered: 01/19/2007)

2 Appendix I-Claim Form

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3 Appendix II-Release

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4 Appendix III-Notice of Settlement

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Jan. 19, 2007

Jan. 19, 2007

PACER
12

SETTLEMENT AGREEMENT Proposed Order Preliminarily Approving Class Settlement by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Attachments: # 1 Supplement)(Wittels, Steven) (Entered: 01/24/2007)

2 Supplement

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Jan. 24, 2007

Jan. 24, 2007

PACER
13

Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law; Preliminary Approval Hearing held on January 25, 2007 before Judge Gary L. Sharpe; Appearances Made: Janette L. Wipper and Steven L. Wittels, Esqs., for the plaintiffs and Joan M. Gilbride, Esq., for the defendant; Atty. Wittels requests the court to sign the preliminary approval order and set a fairness hearing; discusses procedure with the court; Court inquires of breakdown of monetary relief; Atty. Wittels discusses and indicates there are under 100 workers; Court states concerns that the court had; Atty. Wittels states other people have contacted him after hearing of possible settlement; Court sets Fairness Hearing date for April 23, 2007 at 1:30 p.m. at the proposal of counsel; Court understands the matter at issue and is satisfied at this point and will execute the proposed order. (Court Reporter Bonnie Buckley) Time: 1:00-1:15 p.m. (jel, ) (Entered: 01/26/2007)

Jan. 25, 2007

Jan. 25, 2007

PACER
14

ORDER PRELIMINARILY APPROVING THE CLASS SETTLEMENT: Fairness Hearing set for 4/23/2007 at 01:30 PM in Albany before Judge Gary L. Sharpe. Signed by Judge Gary L. Sharpe on 1/25/2007. (jel, ) (Entered: 01/26/2007)

Jan. 25, 2007

Jan. 25, 2007

PACER
15

LETTER REQUEST AND ORDER re 11 Settlement Decree/Notice filed by Vincent Safford, Andino Ward, David Chambers, Herion Murphy, Curtis Nelson, Paul Hannon, Eddie Barnes, Jr., Criss Murphy, Norman Jordan: AMENDING the Consent Decree due to a mathmatical error. Signed by Judge Gary L. Sharpe on 3/21/07. (tab) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

PACER
16

NOTICE by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr ltr to court re motion for approval of final consent decree (Wittels, Steven) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
17

MOTION to Approve Consent Judgment, Attorneys' Fees and Expenses, and Entry of Judgment Motion Hearing set for 4/23/2007 01:30 PM in Albany before Judge Gary L. Sharpe. by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Wittels, Steven) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
18

MEMORANDUM OF LAW in support of motion for final approval of consent decree filed by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Attachments: # 1 Exhibit(s))(Wittels, Steven) (Entered: 04/19/2007)

2 Exhibit(s)

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April 19, 2007

April 19, 2007

PACER
19

MEMORANDUM OF LAW in support of unopposed motion for attorneys' fees and expenses filed by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Attachments: # 1 Exhibit(s) A-B# 2 Exhibit(s) C-E# 3 Exhibit(s) F-J# 4 Exhibit(s) K-M)(Wittels, Steven) (Entered: 04/19/2007)

2 Exhibit(s) A-B

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3 Exhibit(s) C-E

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4 Exhibit(s) F-J

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5 Exhibit(s) K-M

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April 19, 2007

April 19, 2007

PACER
20

AFFIDAVIT D. Sanford Declaration by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Wittels, Steven) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
21

AFFIDAVIT of service by Paul Hannon, Curtis Nelson, David Chambers, Herion Murphy, Vincent Safford, Criss Murphy, Norman Jordan, Andino Ward, Eddie Barnes, Jr. (Wittels, Steven) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
22

Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law; Motion Hearing held on 4/23/2007 re 17 MOTION to Approve Consent Judgment, Attorneys' Fees and Expenses, and Entry of Judgment filed by Vincent Safford, Andino Ward, David Chambers, Herion Murphy, Curtis Nelson, Paul Hannon, Eddie Barnes, Jr., Criss Murphy, Norman Jordan; Appearances Made: Janette L. Wipper and David Sanford, Esqs., for the plaintiffs and Joan M. Gilbride, Esq., for the defendant; Atty. Sanford states no opt outs or no objections; received 32 letters to opt in out of 100 notices that were sent. Court discusses proposed order which is docket number 21. Atty. Gilbride states no opposition. Court adopts the proposed order and intends to enter the judgment. Court will enter judgment accordingly. (Court Reporter Theresa Casale) Time: 1:55-2:00 p.m. (jel, ) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

RECAP
23

JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Gary L. Sharpe on 4/23/2007. (jel, ) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

PACER
24

DOCUMENT REJECTION ORDER, returning letter to Bobby D. Fairley requesting the court to reopen the case. Time to object has expired. Case is now closed. Request is DENIED AS MOOT. Signed by Judge Gary L. Sharpe on 8/3/2007. (jel, ) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: April 18, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all African American individuals who have been employed by or provided contract services to Super Steel Schenectady Inc. at any time, or for any length of time, from April 2003 to January 25, 2007

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Super Steel Schenectady Incorporated, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Declaratory Judgment Act, 28 U.S.C. § 2201

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,250,000

Order Duration: 2007 - 2009

Content of Injunction:

Develop anti-discrimination policy

Comply with advertising/recruiting requirements

Implement complaint/dispute resolution process

Recordkeeping

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black