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Approved Consent Decree

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.,
Plaintiffs,

v.

Donald Powell, Chairperson,
Federal Deposit Insurance
Corporation,

Defendant.


Civil Action No. 00-CV-3091 (ESH)

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 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.

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.

 

Respectfully submitted,

 

_________________________________

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
(202) 408-4600

Avis E. Buchanan, #365208
WASHINGTON LAWYERS' COMMITTEE FOR
CIVIL RIGHTS & URBAN AFFAIRS
11 Dupont Circle, N.W., Suite 400
Washington, D.C. 20036
(202) 319-1000

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.
Room H-11048
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.,
Plaintiffs,

v.

Donald Powell, Chairperson,
Federal Deposit Insurance
Corporation,

Defendant.


Civil Action No. 00-CV-3091 (ESH)

PROPOSED ORDER

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 hereby further

    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).

 


Date

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.


Last Updated 10/16/2003 conanancd@fdic.gov

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