Case: Davis v. City and County of San Francisco

3:84-cv-01100 | U.S. District Court for the Northern District of California

Filed Date: March 9, 1984

Closed Date: Dec. 30, 1998

Clearinghouse coding complete

Case Summary

On March 9, 1984, several employees filed a lawsuit against the City and County of San Francisco in the United States District Court for the Northern District of California under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. § 6701 et seq. The plaintiffs, represented by private counsel, alleged racial and gender discrimination and asked the court for injunctive and declaratory relief. Specifically, the plai…

On March 9, 1984, several employees filed a lawsuit against the City and County of San Francisco in the United States District Court for the Northern District of California under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. § 6701 et seq. The plaintiffs, represented by private counsel, alleged racial and gender discrimination and asked the court for injunctive and declaratory relief. Specifically, the plaintiffs alleged that the city had used invalid hiring procedures concerning and physical and written examinations that had an adverse impact on women and minorities, as well as that the city's fire department had racially harassed minority firefighters.

On June 23, 1986, the court (Judge Marilyn H. Patel) granted in part the plaintiff's motion to certify sub-classes. The court (Judge Patel) held that there were adequate class representatives for women who passed the written exam and took the agility test; black people who took the entire exam, whether they passed or not; black women who took the exam, whether they passed or not; and all black candidates who were eligible to take the 1978 and 1984 lieutenant's exam. Additionally, the court (Judge Patel) granted the plaintiffs' motion of partial summary judgment as to the adverse impact cause of action, but denied summary judgment as to the unequal treatment and racially hostile environment claims. Davis v. City and County of San Francisco, 1986 U.S. Dist. LEXIS 23787 (N.D. Cal. 1986).

On November 12, 1987, both parties signed a consent agreement and filed it on May 20, 1988. On June 10, 1988, the court (Judge Patel) approved the agreement. The agreement stipulated several requirements for the San Francisco Fire Department, including injunctive relief and back pay for the plaintiffs. Requirements consisted of an implementation of cadet and officer programs to incorporate greater minority and female representation, to use its best efforts to attain a workplace reflecting the percentages of racial minorities in the municipality, not to unlawfully discriminate against employees, to consider language ability for certain positions, and to make employees aware of procedures for filing discrimination claims. The agreement was effective for seven years. Davis v. City and County of San Francisco, 696 F. Supp. 1287 (N.D. Cal 1988). On July 6, 1995, the court extended the consent agreement. Davis v. City and County of San Francisco, 1997 U.S. Dist. LEXIS 21514, 5 (N.D. Cal. 1997).

On April 17, 1989, the court (Judge Patel) granted the defendant's motion to dismiss discrimination claims before March 9, 1981, and held that employees were required to specify the dates of all alleged "continuing" violations. Davis v. City and County of San Francisco, 1989 U.S. Dist. LEXIS 17032 (N.D. Cal. 1989)

On September 25, 1990, the court (Judge Patel) granted in part the plaintiffs' motion for attorneys' fees. Davis v. City and County of San Francisco, 748 F. Supp. 1416 (N.D. Cal. 1990).

On March 2, 1993, the United States Court of Appeals for the Ninth Circuit reversed and remanded the judgment of the District Court. Furthermore, on June 8, 1994, the court (Judge Patel) denied a motion to intervene by Hispanic and Asian members of the San Francisco Fire Department.

On November 15, 1995, the court (Judge Patel) issued an order consolidating the case with USA v. City and County of San Francisco, 3:84-7089, which began November 13, 1984, in the United States District Court for the Northern District of California, and dismissed the case. It was also consolidated with cases 3:84-cv-7964 and 3:91-cv-667.

Following the production of several semi-annual status reports and monthly billing statements, on June 13, 1997, the defendant filed a joint motion with memorandum for preliminary approval of a stipulated order terminating a consent decree. On July 9, 1997, the court (Judge Patel) terminated the consent decree. Summarily, on August 25, 1997, the court (Judge Edward A. Infante) issued an order adopting the expert's report and recommendations.

On December 1, 1997, the court (Judge Patel) terminated the consent decree and dismissed the case. Accordingly, the court entered the final stipulated order whereby the San Francisco Fire Department was required to implement policies necessary to eradicate effects of past discriminatory employment practices concerning minorities and women. Davis v. City and County of San Francisco, 1997 U.S. Dist. LEXIS 21514 (N.D. Cal. 1997). The order was set to expire one year from its entry date. On December 30, 1998, the court (Judge Patel) issued a final judgment of dismissal, dismissing the case with prejudice.

 

Summary Authors

Emily Kuznick (5/1/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10229408/parties/davis-v-san-francisco/


Judge(s)
Attorney for Plaintiff

Baldwin, Katherine A. (District of Columbia)

Attorney for Defendant

Agnost, George (California)

Arthur, Greenberg R. (California)

Expert/Monitor/Master/Other

Blanco, Maria (California)

Burdick, Christopher D. (California)

Judge(s)

Patel, Marilyn Hall (California)

show all people

Documents in the Clearinghouse

Document

3:84-cv-07089

Docket

USA v. San Francisco City

June 16, 2004

June 16, 2004

Docket

3:84-cv-01100

3:84-cv-07089

Order (Regarding plaintiffs' motions for sub-class certification and summary judgment)

June 23, 1986

June 23, 1986

Order/Opinion

1986 U.S.Dist.LEXIS 1986

3:84-cv-01100

3:84-cv-07089

Opinion (Granting plaintiffs' motions for partial summary judgment and injunctive relief)

Feb. 26, 1987

Feb. 26, 1987

Order/Opinion

656 F.Supp. 656

3:84-cv-01100

3:84-cv-07089

Order

Feb. 5, 1988

Feb. 5, 1988

Order/Opinion

1988 U.S.Dist.LEXIS 1988

3:84-cv-01100

3:84-cv-07089

Opinion [Approving Consent Decree]

USA v. City and County of San Francisco

June 10, 1988

June 10, 1988

Order/Opinion

696 F.Supp. 696

3:84-cv-01100

3:84-cv-07089

Opinion

Aug. 25, 1988

Aug. 25, 1988

Order/Opinion

699 F.Supp. 699

3:84-cv-01100

3:84-cv-07089

Order (granting defendant's motion to dismiss claims for instances of discrimination occurring before March 9, 1981)

April 17, 1989

April 17, 1989

Order/Opinion

1989 U.S.Dist.LEXIS 1989

3:84-cv-01100

3:84-cv-07089

Opinion

Sept. 25, 1990

Sept. 25, 1990

Order/Opinion

747 F.Supp. 747

3:84-cv-01100

3:84-cv-07089

Opinion granting in part and denying in part the citizens' motion for attorney fees

Sept. 25, 1990

Sept. 25, 1990

Order/Opinion

748 F.Supp. 748

3:84-cv-01100

3:84-cv-07089

Opinion (Denial of Defendants' Motion for Sanctions)

Sept. 25, 1990

Sept. 25, 1990

Order/Opinion

132 F.R.D. 132

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10229408/davis-v-san-francisco/

Last updated Feb. 23, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (No Process) (dm, COURT STAFF) (Entered: 02/05/1991)

March 9, 1984

March 9, 1984

PACER
198

REMARK USCA# 91-15114 (dm, COURT STAFF) (Entered: 02/05/1991)

Feb. 5, 1991

Feb. 5, 1991

PACER
199

REPORTER'S TRANSCRIPT filed 8/1/89 c/r Robin Jorstad (dm, COURT STAFF) (Entered: 02/07/1991)

Feb. 6, 1991

Feb. 6, 1991

PACER
200

ATTORNEY SUBSTITUTION: terminating and substituting attorney Maria Blanco for plaintiff ERA (dm, COURT STAFF) (Entered: 02/08/1991)

Feb. 7, 1991

Feb. 7, 1991

PACER
201

MONTHLY BILLING STATEMENT for professional servies rendered January 1991 (dm, COURT STAFF) (Entered: 02/08/1991)

Feb. 7, 1991

Feb. 7, 1991

PACER
202

REMARK Defendants' fourth semi-annual report (dm, COURT STAFF) (Entered: 02/26/1991)

Feb. 22, 1991

Feb. 22, 1991

PACER
203

Monitor's 17th report re batallion chief and captain promotion. (gba, COURT STAFF) (Entered: 03/06/1991)

March 5, 1991

March 5, 1991

PACER
204

STATEMENT of monthly billing for professional services rendered February, 1991. (gba, COURT STAFF) (Entered: 03/12/1991)

March 8, 1991

March 8, 1991

PACER
205

LETTER dated 3/13/91 from Christina Hall (gba, COURT STAFF) (Entered: 03/15/1991)

March 14, 1991

March 14, 1991

PACER

RECEIVED Proposed order to unseal depositions for copying submitted by defendant (gba, COURT STAFF)

March 14, 1991

March 14, 1991

PACER
206

ORDER by Judge Marilyn H. Patel (cc: all counsel) to unseal depositions for copying. (gba, COURT STAFF) (Entered: 03/20/1991)

March 18, 1991

March 18, 1991

PACER
207

OBJECTIONS to Monitor's 17th Report re: Battalion Chief and Captains promotions by USA (dm, COURT STAFF) (Entered: 03/21/1991)

March 18, 1991

March 18, 1991

PACER
208

OBJECTIONS to Monitor's 17th report re: Battalion Chief and Captain promotion and request for Hearing 5/17/91 at 9:30 by Local 798 (dm, COURT STAFF) (Entered: 03/21/1991)

March 18, 1991

March 18, 1991

PACER

RECEIVED order rejecting Monitor's 17th report (dm, COURT STAFF)

March 18, 1991

March 18, 1991

PACER
209

MOTION for order rejecting Monitor's 17th Report re: Battalion Chief and Captain Promotions with Notice set for 5/17/91 at 9:30 (dm, COURT STAFF) (Entered: 03/21/1991)

March 18, 1991

March 18, 1991

PACER
210

DECLARATION by Christina Hall on behalf of defendant in support of City's objections to Monitor's 17th Report (dm, COURT STAFF) (Entered: 03/21/1991)

March 18, 1991

March 18, 1991

PACER
211

OBJECTIONS by defendant to Monitor's 17th Report (dm, COURT STAFF) (Entered: 03/21/1991)

March 18, 1991

March 18, 1991

PACER
212

NOTICE by defendant of filing of motion re Monitor's 17th Report (dm, COURT STAFF) (Entered: 03/21/1991)

March 18, 1991

March 18, 1991

PACER
213

ORDER of related case by Judge Marilyn H. Patel Case C91-667 JPV and related to cases C84-1100 and C84-7089 MHP's reassigned to Judge Marilyn H. Patel (cc: all counsel) (gba, COURT STAFF) (Entered: 03/28/1991)

March 20, 1991

March 20, 1991

PACER

RECEIVED substitution of counsel (gba, COURT STAFF)

April 2, 1991

April 2, 1991

PACER
214

ORDER by Judge Marilyn H. Patel withdrawing Mari Mayeda of Saperstein, Seligman, Mayeda & Larkin and substituting attorney i the Asian Law Caucus as counsel of record for Chinese (cc: all counsel) (gba, COURT STAFF) (Entered: 04/08/1991)

April 3, 1991

April 3, 1991

PACER
215

BILL OF COSTS submitted (gba, COURT STAFF) (Entered: 04/10/1991)

April 8, 1991

April 8, 1991

PACER
216

MOTION objecting to the Monitor's 17th report by US with Notice set for 5/24/91 at 10:30 (gba, COURT STAFF) (Entered: 04/23/1991)

April 22, 1991

April 22, 1991

PACER

RECEIVED by US order re Monitor's 17th report re: [216-1] (gba, COURT STAFF)

April 22, 1991

April 22, 1991

PACER
217

MEMORANDUM by US in support of motion objecting to the Monitor's 17th report [216-1] (gba, COURT STAFF) (Entered: 04/23/1991)

April 22, 1991

April 22, 1991

PACER
218

NOTICE of monthly billing statement for professional services rendered 4/91 (gba, COURT STAFF) (Entered: 05/03/1991)

May 2, 1991

May 2, 1991

PACER
219

NOTICE of monthly billing statement for professional services rendered 9/91 (gba, COURT STAFF) (Entered: 10/08/1991)

Oct. 7, 1991

Oct. 7, 1991

PACER
220

LETTER dated 11/21/91 from George Riley re motion for order rejecting Monitor's Supplemental 17th Report (gba, COURT STAFF) (Entered: 11/22/1991)

Nov. 22, 1991

Nov. 22, 1991

PACER

RECORD on Appeal to USCA, cnsl notified. (gba, COURT STAFF)

Dec. 9, 1991

Dec. 9, 1991

PACER
221

RECEIPT from USCA of clerk's record on appeal (gba, COURT STAFF) (Entered: 12/10/1991)

Dec. 9, 1991

Dec. 9, 1991

PACER
222

MONTHLY BILLING STATEMENT for professional services rendered April, 1992 (mcl, COURT STAFF) (Entered: 05/05/1992)

May 4, 1992

May 4, 1992

PACER
223

MONTHLY BILLING STATEMENT for prfessional services rendered May, 1992 (mcl, COURT STAFF) (Entered: 06/05/1992)

June 4, 1992

June 4, 1992

PACER
224

Monitor's 18th Report recommending that defendants be held in contempt of court (gba, COURT STAFF) (Entered: 10/23/1992)

Oct. 23, 1992

Oct. 23, 1992

PACER
225

MONITOR'S 19th REPORT (gba, COURT STAFF) (Entered: 01/15/1993)

Jan. 11, 1993

Jan. 11, 1993

PACER
226

OBJECTIONS by defendant to monitor's 19th report [225-1] (gba, COURT STAFF) (Entered: 01/15/1993)

Jan. 13, 1993

Jan. 13, 1993

PACER
227

CERTIFIED COPY of USCA Order: 91-15113 - that the District Court judgment is hereby REVERSED AND REMANDED re witness fees. cc: all counsels (gba, COURT STAFF) (Entered: 03/02/1993)

March 2, 1993

March 2, 1993

PACER
228

CLERK's letter spreading the mandate to counsel. (gba, COURT STAFF) (Entered: 03/02/1993)

March 2, 1993

March 2, 1993

PACER
229

CERTIFIED COPY of USCA Order: #91-15113 - The consideration of the issue of the award of appellees' attorneys' fees on appeal is transferred to the District Court. cc: all counsels (gba, COURT STAFF) (Entered: 03/11/1993)

March 11, 1993

March 11, 1993

PACER
230

ORDER by Judge Marilyn H. Patel denying motion to intervene by Hispanic and Asian members of the San Francisco Fire Department. ( Date Entered: 6/9/94) (cc: all counsel) [3:84-cv-01100] (cs, COURT STAFF) (Entered: 06/09/1994)

June 8, 1994

June 8, 1994

PACER
231

OBJECTIONS to report [225-1] [3:84-cv-01100] (ga, COURT STAFF) (Entered: 07/25/1994)

July 20, 1994

July 20, 1994

PACER
232

OBJECTIONS by Defendant City & County of SF to report [225-1] [3:84-cv-01100] (ga, COURT STAFF) (Entered: 07/25/1994)

July 20, 1994

July 20, 1994

PACER
233

REPORTER'S TRANSCRIPT; Date of proceedings: 7//18/94 ( C/R: Judith N. Dudeck) [3:84-cv-01100] (db, COURT STAFF) (Entered: 07/26/1994)

July 22, 1994

July 22, 1994

PACER
234

STATEMENT of Monthly Billing for Professional Services Rendered October, 1994 to Diana B. Velez [3:84-cv-01100] (jm, COURT STAFF) (Entered: 11/07/1994)

Nov. 3, 1994

Nov. 3, 1994

PACER
235

STATEMENT of monthly billing for professional services rendered October, 1994 to Tamar Pachter [3:84-cv-01100] (jm, COURT STAFF) (Entered: 11/07/1994)

Nov. 3, 1994

Nov. 3, 1994

PACER
236

LETTER dated 1/17/95 from William C. McNeill III re motion for attorneys' fees [3:84-cv-01100] (gba, COURT STAFF) (Entered: 01/25/1995)

Jan. 19, 1995

Jan. 19, 1995

PACER
237

ORDER by Judge Marilyn H. Patel consolidating cases 3:84-cv-1100 with member cases 3:84-cv-7089, 3:84-cv-7694, 3:91-cv-667 and dismissing case ; appeal filing ddl 1/4/96 (cc: all counsel) [3:84-cv-01100] (gba, COURT STAFF) (Entered: 12/05/1995)

Nov. 15, 1995

Nov. 15, 1995

PACER

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: March 9, 1984

Closing Date: Dec. 30, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women and black people who took and/or passed the written exam and took the agility test; and all black candidates who were eligible to take the 1978 and 1984 lieutenant's exam.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of San Francisco, City

San Francisco County, County

Defendant Type(s):

Fire

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1988 - None

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Other requirements regarding hiring, promotion, retention

Monitor/Master

Goals (e.g., for hiring, admissions)

Issues

General:

Pattern or Practice

Discrimination-area:

Harassment / Hostile Work Environment

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Testing

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Sex or Gender:

Female