1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION JACQUETTA HAWKINS, et al., Plaintiffs, and UNITED STATES OF AMERICA, Proposed Plaintiff-Intervenor, v. SUMMIT COUNTY, OHIO, et al., Defendants. CASE NO. 5:11CV2753 JUDGE SARA LIOI MAGISTRATE JUDGE KATHLEEN B. BURKE Jury Trial Demanded UNITED STATES’ MOTION TO INTERVENE The United States Department of Justice (“United States”) hereby moves, pursuant to Federal Rule of Civil Procedure 24(b) and Section 706(f)(1) of Title VII of the Civil Rights Act of 1964 as amended (“Title VII”), 42 U.S.C. § 2000e-5(f)(1), for leave to intervene as Plaintiff- Intervenor in the above-titled action. In support of its Motion, the United States states as follows: 1. This action is based on charges of discrimination timely filed with the Equal Employment Opportunity Commission (“EEOC”) by eighteen of the Plaintiffs, including Jacquetta Hawkins, Meredith Wade, Stacy Clark, Deidre Heatwall, Bethanne Scruggs, Patricia Bennett, Lyn Watters, Elaine George-Pickett, Cathy Phillips, Heather Stewart, Peggy Starr, Debra McMasters, Heather McPherson-Danner, Melissa House, Angela Berg, Cynthia Young, Case: 5:11-cv-02753-SL Doc #: 54 Filed: 06/07/12 1 of 5. PageID #: 816
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN ... · 4 . Washington, D.C. 20530 (202) 305-3034 . STEVEN M. DETTELBACH . United States Attorney . Northern District of Ohio .
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JACQUETTA HAWKINS, et al., Plaintiffs,
and
UNITED STATES OF AMERICA,
Proposed Plaintiff-Intervenor, v. SUMMIT COUNTY, OHIO, et al.,
Defendants.
CASE NO. 5:11CV2753 JUDGE SARA LIOI MAGISTRATE JUDGE KATHLEEN B. BURKE Jury Trial Demanded
UNITED STATES’ MOTION TO INTERVENE
The United States Department of Justice (“United States”) hereby moves, pursuant to
Federal Rule of Civil Procedure 24(b) and Section 706(f)(1) of Title VII of the Civil Rights Act
of 1964 as amended (“Title VII”), 42 U.S.C. § 2000e-5(f)(1), for leave to intervene as Plaintiff-
Intervenor in the above-titled action. In support of its Motion, the United States states as
follows:
1. This action is based on charges of discrimination timely filed with the Equal
Employment Opportunity Commission (“EEOC”) by eighteen of the Plaintiffs, including
States’ proposed Complaint, which is attached as Exhibit 2 to this Motion, shares common issues
of law and fact with Plaintiffs’ Complaint. Summonses for the Complaint are attached as Exhibit
3
8. With respect to governmental parties, Federal Rule of Civil Procedure 24(b) also
allows for permissive intervention when a party’s claim relies upon a statute administered by the
governmental agency. Title VII confers upon the United States a conditional right to intervene in
an action alleging a violation of Title VII by a governmental actor.
9. This motion is timely and the United States’ intervention would not result in
undue delay of this case or cause prejudice to the interests of the existing parties.
10. This motion is based on the Memorandum in Support of the United States’
Motion to Intervene, the Certification of Public Importance and other such oral or documentary
evidence as may be presented at a hearing on this motion.
11. A proposed Order granting the United States’ Motion to Intervene is attached as
Exhibit 4.
Date: June 7, 2012 Respectfully submitted,
THOMAS E. PEREZ Assistant Attorney General DELORA L. KENNEBREW Chief
By: s/ Barbara Schwabauer ESTHER G. LANDER
Deputy Chief BARBARA SCHWABAUER VARDA HUSSAIN Trial Attorneys United States Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, N.W. Patrick Henry Building, Room 4017
Washington, D.C. 20530 (202) 305-3034 STEVEN M. DETTELBACH United States Attorney Northern District of Ohio s/ Michelle L. Heyer By: MICHELLE L. HEYER (0065723) Assistant United States Attorney HEATHER TONSING VOLOSIN (0069606) Assistant United States Attorney 801 West Superior Avenue, Suite 400 Cleveland, OH 44113 (216) 622-3686 (phone) (216) 522-2404 (fax) [email protected] Counsel for Proposed Plaintiff-Intervenor United States
NOTICE OF CERTIFICATE OF SERVICE I hereby certify that Proposed Plaintiff Intervenor United States’ Motion to Intervene and accompanying exhibits were served upon the following counsel of record via electronic filing on June 7, 2012: Barbara Kaye Besser Bruce B. Elfvin Stuart G. Torch Elfvin & Besser 4070 Mayfield Road Cleveland, Ohio 44121 Counsel for Plaintiffs Mary Ann Kovach Michael D. Todd Office of the Prosecuting Attorney Summit County 53 University Avenue, 6th Floor Akron, Ohio 44308 Counsel for Defendants Gwen E. Callender 222 East Town Street Columbus, Ohio 43215 Counsel for Fraternal Order of Police, OLC, Inc., FOP Lodge #139 Date: June 7, 2012 s/ Barbara Schwabauer BARBARA SCHWABAUER
appropriate polices to ensure equal employment opportunity for their employees, and providing
adequate training to all employees and officials regarding discrimination and retaliation;
(g) Award such additional relief as justice may require, together with the
United States’ costs and disbursements in this action.
JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule
38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42
U.S.C. § 1981a.
THOMAS E. PEREZ Assistant Attorney General Civil Rights Division
BY:
s/ Delora L. Kennebrew DELORA L. KENNEBREW (GA Bar No. 414320)
Chief Employment Litigation Section s/ Esther G. Lander ESTHER G. LANDER (Bar No. DC 461316 Deputy Chief [email protected] s/ Barbara A. Schwabauer BARBARA A. SCHWBAUER (OH Bar No. 0086999) VARDA HUSSAIN (VA Bar No. 70132) Trial Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4017 Washington, DC 20530 Telephone: (202) 305-5034
STEVEN M. DETTELBACH United States Attorney Northern District of Ohio s/ Michelle L. Heyer By: MICHELLE L. HEYER (0065723) Assistant United States Attorney HEATHER TONSING VOLOSIN (0069606) Assistant United States Attorney 801 West Superior Avenue, Suite 400 Cleveland, OH 44113 (216) 622-3686 (phone) (216) 522-2404 (fax) [email protected] Attorneys for Plaintiff United States of America
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.