PLAINTIFFS' MOTION FOR FINAL APPROVAL
OF CONSENT DECREE AND CLASS CERTIFICATION
Plaintiffs, pursuant to Fed. R. Civ. P. 23 (e), hereby request that this Court grant
final approval to the proposed Consent Decree, adopt Plaintiffs' proposed findings of fact
and conclusions of law and certify the class in this matter. In support of this request,
Plaintiffs state the following:
1. On December 22, 2000, Plaintiffs
filed their Class Complaint in this case, alleging that Defendant engaged in a pattern and
practice of discriminating against African-American employees in promotions and other
selections for positions.
2. On April 6, 2001, this Court granted
Plaintiffs' unopposed motion for class certification and preliminarily certified a class
All African-Americans employed by the Federal Deposit
Insurance Corporation (FDIC) in any capacity (whether permanent, temporary, or term
appointments, including all General/Corporate Grade, Liquidation Grade and Wage
Grade/Prevailing Rate employees, but excluding any persons to the extent that their
employment at the FDIC is or was solely in the capacity of student intern) at any time
from May 13, 1992 until March 31, 2001.
April 6, 2001 Order at 1.
3. On May 4, 2001, the parties submitted to
the Court a proposed Consent Decree, seeking preliminary approval of a settlement that
provides for substantial injunctive and monetary relief for the class. After conducting a
preliminary approval hearing, on May 16, 2001, the Court granted preliminary approval of
the proposed Consent Decree and ordered the distribution of notice of the proposed
settlement to the class and other interested parties. The Court also adopted a schedule
for class members to either opt out of the settlement or participate in a claims process
for distributing the monetary relief, for Plaintiffs to implement the claims process, and
for individuals to file comments on or objections to the proposed Consent Decree.(1) In addition, the Court scheduled a fairness hearing to be
held on November 26 and 27, 2001, for the Court to determine whether the proposed
settlement is fair, adequate, and reasonable for the class as a whole.
4. Because notice has been issued,
class members have been given the opportunity to opt out or to participate in the claims
process, and individuals have been provided with the opportunity to file comments about
the settlement, the litigation has reached the stage at which it is appropriate for
Plaintiffs to seek final approval of the settlement agreement.
5. Plaintiffs submit that the proposed
settlement meets the standard for final approval.
6. The grounds for this motion are set
forth more fully in Plaintiffs' Memorandum in Support of Motion for Final Approval and
Class Certification, which accompanies this Motion. At the request of the Court and for
its convenience, the Memorandum is being submitted in the form of proposed findings of
facts and conclusions of law, with an attached version on a disk.
WHEREFORE, Plaintiffs respectfully request that this Court
grant final approval to the proposed Consent Decree, adopt the attached proposed findings
of fact and conclusions of law and certify the class.
Joseph M. Sellers, #318410
Suzette M. Malveaux, #464473
COHEN, MILSTEIN, HAUSFELD & TOLL, P.L.L.C.
1100 New York Avenue, N.W.
West Tower, Suite 500
Washington, D.C. 20005-3964
Avis E. Buchanan, #365208
WASHINGTON LAWYERS' COMMITTEE FOR
CIVIL RIGHTS & URBAN AFFAIRS
11 Dupont Circle, N.W., Suite 400
Washington, D.C. 20036
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Plaintiffs' Motion for Final Approval of
Consent Decree and Class Certification, Memorandum in Support and Proposed Order was
served by hand delivery on Defendant's counsel below this 14th day of November, 2001 to:
Thomas J. Sarisky, Esquire
Lisa Villarreal, Esquire
FEDERAL DEPOSIT INSURANCE CORPORATION
801 17th Street, N.W.
Washington, DC 20434
Suzette M. Malveaux
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
IN THE UNITED
STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Chris J. Conanan, et al.,
Donald Powell, Chairperson,
Federal Deposit Insurance
No. 00-CV-3091 (ESH)
Before the Court is the Plaintiffs' Motion for Final Approval of the Consent Decree and
Class Certification. There being no opposition thereto, and a fairness hearing having been
held in this case on November 26, 2001, it is hereby
ORDERED that Plaintiffs' Motion be and hereby is granted; and it is
ORDERED that the Court finds the proposed Consent Decree to be fair,
adequate, and reasonable to the class as a whole, and it is hereby further
ORDERED that the attached findings of fact and conclusions of law be
and hereby is entered into the record; and it is hereby further
ORDERED that the class of All
African-Americans employed by the Federal Deposit Insurance Corporation (FDIC) in any
capacity (whether permanent, temporary, or term appointments, including all
General/Corporate Grade, Liquidation Grade and Wage Grade/Prevailing Rate employees, but
excluding any persons to the extent that their employment at the FDIC is or was solely in
the capacity of student intern) at any time from May 13, 1992 until March 31, 2001 be
certified under Rule 23(b)(2) of the Federal Rules of Civil Procedure, or in the
alternative under Rule 23(b)(2) and (b)(3).
United States District Judge
1. The schedule was subsequently modified at Plaintiffs' request to
permit more time to implement the claims process and to allow interested parties to file
their comments on the settlement.