University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Moore v. Chertoff EE-DC-0043
Docket / Court 1:00-cv-00953-RWR-DAR ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Attorney Organization Relman, Dane & Colfax
Case Summary
On May 3, 2000, ten black current and former special agents of the United States Secret Service filed a lawsuit under 42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act of 1964) and 42 U.S.C. § 1981a (the Civil Rights Act of 1991) against the Secretary of the U.S. Department of Treasury ... read more >
On May 3, 2000, ten black current and former special agents of the United States Secret Service filed a lawsuit under 42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act of 1964) and 42 U.S.C. § 1981a (the Civil Rights Act of 1991) against the Secretary of the U.S. Department of Treasury and the Secretary of the U.S. Department of Homeland Security in the United States District Court for the District of Columbia. The plaintiffs filed the lawsuit individually and on behalf of a putative class of black special agents who were employed by the U.S. Secret Service as GS-1811's at any point from January 1, 1974 to the present.

The plaintiffs, represented by private counsel, sought equitable relief including back pay, front pay, compensatory damages, a declaratory judgment, and an injunction, alleging that the Secret Service had engaged in a pattern and practice of racial discrimination in promotions as well as in transfers, assignments, testing, hiring, and disciplinary practices.

On June 30, 2000, the defendant filed a motion to dismiss. After a lengthy period of discovery, on October 24, 2004, the court (Judge Richard W. Roberts) issued a memorandum opinion and order granting in part and denying in part the defendant's motion to dismiss.

On May 1, 2006 and August 7, 2006, the plaintiffs filed two amended complaints. On May 31, 2006 and again on September 20, 2006, the defendant filed motions for partial dismissal and/or for partial summary judgment, which the court denied without prejudice on June 26, 2008.

On August 4, 2010, the Court issued a memorandum opinion and order denying plaintiffs' motion for class certification, holding (1) that the class representatives' claims were not typical of the class members' claim and (2) that there was a potential conflict of interest among the class plaintiffs and the class members.

After further development, in February 2013, the Court granted class certification. 926 F.Supp.2d 8. In February of 2014, the defendants moved for a partial motion to dismiss, summary judgment, and to reopen discovery. On March 4, 2014, the Court refused to reopen discovery for the defendants on the grounds that the plaintiff's class-certification does not warrant reopening discovery. Litigation continued and in 2015, the defendants moved again for summary judgment.

The court had a hearing on both motions for summary judgment on May 5, 2016.

On January 17, 2017, before the court decided on the motions for summary judgment, the defendant filed a notice of settlement agreement after 16 years of litigation. On January 27, 2017, the parties filed a joint motion for preliminary approval of settlement agreement, which was approved by the court on January 31, 2017. The plaintiff also filed a motion for preliminary approval of distribution of settlement proceeds, which was granted by the court on February 16, 2017. The court, however, did not address the proposed payment attorney's fees and costs.

The proposed settlement provided for both monetary and injunctive relief. The agreement required the defendant to pay $24 million as a fund, including payments to plaintiffs and class members, administrative costs and attorney's fees and expenses. The defendant also agreed to start a hotline for agents to report bias, change its hiring procedures, and maintain detailed records on promotion factors as well as complaints alleging racial discrimination.

On April 10, 2017, the parties filed a joint motion for order granting final approval of settlement. The parties agreed on $8 million in attorney's fees and $859,049.26 in costs to be paid out of the settlement fund.

The parties are in the process of modifying proposed orders granting the joint motion for final approval of the class action settlement. As of May 16, 2017, the case is ongoing.

Jordan Rossen - 09/05/2010
Erin Pamukcu - 01/31/2016
Susie Choi - 03/10/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Follow recruitment, hiring, or promotion protocols
Hire
Recordkeeping
Reporting
Training
Discrimination-area
Discipline
Harassment / Hostile Work Environment
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Testing
Training
Discrimination-basis
Race discrimination
General
Pattern or Practice
Retaliation
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) United States Secret Service
Plaintiff Description African-American current and former special agents of the United States Secret Service
Indexed Lawyer Organizations Relman, Dane & Colfax
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Case Ongoing Yes
Case Listing EE-DC-0036 : Stewart v. Rubin (D.D.C.)
EE-DC-0044 : Contreras v. Ridge (D.D.C.)
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:00-CV-00953 (D.D.C.)
EE-DC-0043-9000.pdf | Detail
Date: 02/16/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Memorandum Opinion [Regarding Motion to Strike and Motion for Preliminary Injunction] (113 F.Supp.2d 5) (D.D.C.)
EE-DC-0043-0009.pdf | WESTLAW| LEXIS | Detail
Date: 09/08/2000
Source: Westlaw
Memorandum Opinion and Order [Denying Motions to Consolidate] (225 F.Supp.2d 16) (D.D.C.)
EE-DC-0043-0010.pdf | WESTLAW| LEXIS | Detail
Date: 09/03/2002
Source: Westlaw
Opinion and Order (granting in part and denying in part Defendant's motion to dismiss, etc.) [ECF# 129] (D.D.C.)
EE-DC-0043-0019.pdf | Detail
Date: 10/24/2004
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Clarifying Opinion and Granting Motion to Amend Complaint in Part] (424 F.Supp.2d 145) (D.D.C.)
EE-DC-0043-0011.pdf | WESTLAW| LEXIS | Detail
Date: 03/30/2006
Source: Westlaw
Memorandum Opinion and Order [Granting Motion for Reconsideration] (2006 WL 1442447) (D.D.C.)
EE-DC-0043-0012.pdf | WESTLAW | Detail
Date: 05/22/2006
Source: Westlaw
Defendant's Motion for Partial Dismissal and/or for Partial Summary Judgment of Amended Complaint [ECF# 338]
EE-DC-0043-0002.pdf | Detail
Date: 05/31/2006
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Opposition to Defendant's Motion for Partial Dismissal and/or for Partial Summary Judgment of Amended Complaint [ECF# 349]
EE-DC-0043-0003.pdf | Detail
Date: 06/28/2006
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order (granting plaintiffs' motion for reconsideration and granting in part and denying in part defendant's motion for reconsideration) (437 F.Supp.2d 156) (D.D.C.)
EE-DC-0043-0020.pdf | WESTLAW| LEXIS | Detail
Date: 07/07/2006
Source: Google Scholar
Second Amended and Supplemental Class Complaint (2006 WL 5243021)
EE-DC-0043-0001.pdf | WESTLAW | Detail
Date: 08/07/2006
Source: Westlaw
Memorandum Order [Denying Motion for Reconsideration] (2006 WL 2338203) (D.D.C.)
EE-DC-0043-0013.pdf | WESTLAW | Detail
Date: 08/10/2006
Source: Westlaw
Defendant's Motion for Partial Dismissal and/or for Partial Summary Judgment of Second Amended Complaint [ECF# 370]
EE-DC-0043-0004.pdf | Detail
Date: 09/20/2006
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Opposition to Defendant's Motion for Partial Dismissal and/or for Partial Summary Judgment of the Second Amended Complaint [ECF# 376]
EE-DC-0043-0005.pdf | Detail
Date: 10/18/2006
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Denying Motion for Reconsideration] (2007 WL 1378465) (D.D.C.)
EE-DC-0043-0014.pdf | WESTLAW | Detail
Date: 05/08/2007
Source: Westlaw
Memorandum Opinion and Order [Overruling Motion for Reconsideration] (577 F.Supp.2d 165) (D.D.C.)
EE-DC-0043-0015.pdf | WESTLAW| LEXIS | Detail
Date: 09/12/2008
Source: Westlaw
Memorandum Opinion [Granting Motion for Sanctions] (255 F.R.D. 10) (D.D.C.)
EE-DC-0043-0016.pdf | WESTLAW| LEXIS | Detail
Date: 12/17/2008
Source: Westlaw
Memorandum Opinion and Order [Regarding Defendant's Objections to the Magistrate Judge's Ruling] (2009 WL 2450280) (D.D.C.)
EE-DC-0043-0017.pdf | WESTLAW | Detail
Date: 08/07/2009
Source: Westlaw
Memorandum Opinion and Order [Overruling Defendant's Objections] (723 F.Supp.2d 167) (D.D.C.)
EE-DC-0043-0018.pdf | WESTLAW| LEXIS | Detail
Date: 07/15/2010
Source: Westlaw
Opinion and Order (denying plaintiffs' motion for class certification without prejudice) [ECF# 659] (269 F.R.D. 21) (D.D.C.)
EE-DC-0043-0006.pdf | WESTLAW| LEXIS | Detail
Date: 08/04/2010
Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Putative Class Members] [ECF# 732] (D.D.C.)
EE-DC-0043-0007.pdf | Detail
Date: 01/25/2013
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Granting Motion for Class Certification] [ECF# 734] (926 F.Supp.2d 8) (D.D.C.)
EE-DC-0043-0008.pdf | WESTLAW| LEXIS | Detail
Date: 02/25/2013
Source: PACER [Public Access to Court Electronic Records]
Order Approving Form of Class Notice and Notice Plan [ECF# 742] (D.D.C.)
EE-DC-0043-0021.pdf | Detail
Date: 05/13/2013
Source: PACER [Public Access to Court Electronic Records]
Memorandum Order (303 F.R.D. 105) (D.D.C.)
EE-DC-0043-0022.pdf | WESTLAW| LEXIS | Detail
Date: 03/04/2014
Source: Bloomberg Law
Memorandum Opinion and Order [ECF# 804] (D.D.C.)
EE-DC-0043-0023.pdf | Detail
Date: 01/08/2015
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement, Release, and Consent Decree [ECF# 828]
EE-DC-0043-0024.pdf | Detail
Date: 01/17/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Preliminary Approval of Settlement Agreement [ECF# 829]
EE-DC-0043-0025.pdf | Detail
Date: 01/27/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting Joint Motion for Preliminary Approval of Proposed Class Action Settlement and Approval of Notice [ECF# 832] (D.D.C.)
EE-DC-0043-0026.pdf | Detail
Date: 01/31/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs' Motion for Preliminary Approval of Distribution of Settlement Proceeds [ECF# 835] (D.D.C.)
EE-DC-0043-0027.pdf | Detail
Date: 02/16/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Friedman, Paul L. (D.D.C.)
EE-DC-0043-0026 | EE-DC-0043-0027
Lamberth, Royce C. (FISC, D.D.C.)
EE-DC-0043-0010
Roberts, Richard W. (D.D.C.)
EE-DC-0043-0006 | EE-DC-0043-0008 | EE-DC-0043-0009 | EE-DC-0043-0011 | EE-DC-0043-0012 | EE-DC-0043-0013 | EE-DC-0043-0014 | EE-DC-0043-0015 | EE-DC-0043-0017 | EE-DC-0043-0018 | EE-DC-0043-0019 | EE-DC-0043-0020 | EE-DC-0043-0021 | EE-DC-0043-0022 | EE-DC-0043-0023 | EE-DC-0043-9000
Robinson, Deborah A. (D.D.C.)
EE-DC-0043-0007 | EE-DC-0043-0016 | EE-DC-0043-9000
Plaintiff's Lawyers Ali, Kathryn M. (District of Columbia)
EE-DC-0043-0024 | EE-DC-0043-0025 | EE-DC-0043-9000
Berger, Sarah M. (District of Columbia)
EE-DC-0043-0001 | EE-DC-0043-0003 | EE-DC-0043-0005 | EE-DC-0043-9000
Boardman, Deborah L. (District of Columbia)
EE-DC-0043-0001 | EE-DC-0043-0003 | EE-DC-0043-0005 | EE-DC-0043-9000
Boehm, Dana C. (District of Columbia)
EE-DC-0043-9000
Cacace, Megan (District of Columbia)
EE-DC-0043-0024 | EE-DC-0043-0025 | EE-DC-0043-9000
Colfax, Reed N. (District of Columbia)
EE-DC-0043-0001 | EE-DC-0043-0003 | EE-DC-0043-0005
Feinberg, Jennifer Wigman (District of Columbia)
EE-DC-0043-9000
Henke, Melissa N. (District of Columbia)
EE-DC-0043-9000
Hogan, E. Desmond (District of Columbia)
EE-DC-0043-0001 | EE-DC-0043-0003 | EE-DC-0043-0005 | EE-DC-0043-0024 | EE-DC-0043-0025 | EE-DC-0043-9000
Klar, Jennifer I. (District of Columbia)
EE-DC-0043-0001 | EE-DC-0043-0003 | EE-DC-0043-0005 | EE-DC-0043-0024 | EE-DC-0043-0025 | EE-DC-0043-9000
Moran-Gates, Megan (District of Columbia)
EE-DC-0043-9000
Relman, John Peter (District of Columbia)
EE-DC-0043-0001 | EE-DC-0043-0003 | EE-DC-0043-0005 | EE-DC-0043-0024 | EE-DC-0043-0025 | EE-DC-0043-9000
Schmidt, Ronald A. (District of Columbia)
EE-DC-0043-9000
Shaffer, David J. (District of Columbia)
EE-DC-0043-9000
Songer, Erica Knievel (District of Columbia)
EE-DC-0043-9000
Widor, Thomas John (District of Columbia)
EE-DC-0043-9000
Defendant's Lawyers Bradford, Michelle Nicole (District of Columbia)
EE-DC-0043-9000
Braswell, Marina Utgoff (District of Columbia)
EE-DC-0043-0025 | EE-DC-0043-9000
Contreras, Rudolph (District of Columbia)
EE-DC-0043-0002 | EE-DC-0043-0004
Johnson, Michelle Nicole (District of Columbia)
EE-DC-0043-9000
Peterson, Benton G (District of Columbia)
EE-DC-0043-0002 | EE-DC-0043-0004 | EE-DC-0043-0025 | EE-DC-0043-9000
Pfaffenroth, Peter C (District of Columbia)
EE-DC-0043-0024 | EE-DC-0043-0025 | EE-DC-0043-9000
Phillips, Channing D (District of Columbia)
EE-DC-0043-0024 | EE-DC-0043-0025
Roback, Harry B. (District of Columbia)
EE-DC-0043-9000
Shine, Edith Margeurita (District of Columbia)
EE-DC-0043-9000
Sonfield, Brian J. (District of Columbia)
EE-DC-0043-9000
Van Horn, Daniel F (District of Columbia)
EE-DC-0043-0025
Wainstein, Kenneth L. (District of Columbia)
EE-DC-0043-0002 | EE-DC-0043-0004

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