Court Rules on Motion for Further Supplemental Protective Order Regarding Agency Review of Class Members’ Documents
On January 19, 2011, Judge Hewitt issued her Order on the Plaintiffs’ Motion for a Further Supplemental Protective Order. This Order resolved a nearly two and a half year dispute between the parties as to whether the class members could provide documents to class counsel without first submitting those documents to the agency for screening. As a result of the Judge’s opinion, the class members will be required to submit any Agency documents that they wish to provide to class counsel to the agency first for screening. However, the Judge imposed two important protections for class members. First, the Bureau officials who will screen the documents cannot be actively involved in the litigation. In other words, the Justice Department and Bureau lawyers who are working on opposing our law suit cannot be involved in the screening process. Second, if the Bureau declines to release a document to class counsel, the Bureau must submit those documents to the Court with an explanation as to why class counsel should not receive the documents. The Court will then make the ultimate determination as to whether the documents in question contain privileged or sensitive information that cannot be disclosed or whether the documents must be provided to class counsel. This Court review provides an important level of neutrality during this crucial stage in the case.
Now that this matter has been decided, the discovery process can move forward in full. We and Defendant’s counsel will be working out the procedural details of the review of documents; we also will likely be seeking an extension of the discovery period to accommodate the time spent on these issues. More information will follow.
To read the Judge’s Order: click this link.
FBI Wage Claim Class Action
The FBI Wage Claim Class Action Home Page is designed to provide news and information regarding the proceedings of the Class Action. This page includes periodic updates on court proceedings. You can also read the Documents filed in this case.
Court Modifies Discovery Schedule
On August 4, 2010, the Judge granted the parties’ Joint Motion to Enlarge Discovery Plan. As a result, the deadlines for the parties to complete various parts of the discovery process have now been extended. Discovery activities aimed at the underlying facts of the case are to be completed by August 22, 2011. Discovery activities related to expert witness analyses of these underlying facts are to be completed by February 28, 2012; the parties are required to exchange expert witness reports by November 2, 2011, and to exchange rebuttals to those reports by December 30, 2011. The parties were further ordered to submit a schedule for summary judgment motions by March 15, 2012. Read the order setting this schedule.
Court Certifies P&K Founding Principal Joseph V. Kaplan as Class Counsel
On August 4, 2010, Court of Federal Claims Judge Emily C. Hewitt granted our motion to appoint Passman & Kaplan founding principal Joseph V. Kaplan as class counsel. While Sandra Mazliah will continue her involvement as of counsel to the class, Mr. Kaplan will be assuming the role of lead counsel in the case. Read the court’s order and opinion granting the motion.
On September 4, 2009, we filed, as required by the Judge, a comprehensive list of the current class members. Please review the document to ensure that your name is included.
Court Approves Extension to Join Suit for Potential Class Members Who Have Not Received Notice until March 2, 2009, All Others Must Join Suit by January 23, 2009
The Judge has granted an Extension of Time to add class members who did not receive the class notice because of incorrect address information. These consents must be filed on or before March 2, 2009. If you have received the class notice, the original deadline of January 23, 2009 applies.
Court Approves Notice to be Sent to All Potential Class Members - Members Must Join Suit by January 23, 2009
On November 11, 2008, Court of Federal Claims Judge Emily C. Hewitt approved the written notice to be sent to all potential members of this class action. In order to join the class, the "Plaintiff Consent Form and Declaration" must be faxed or postmarked on or before January 23, 2009. To read and download the Notice and the Plaintiff Consent Form and Declaration, click here.
Court Certifies the Case as a Class Action and Sandra Mazliah as Class Counsel
On September 26, 2008, Court of Federal Claims Judge Emily C. Hewitt granted our motion that the case proceed as a class action. Passman & Kaplan principal Sandra Mazliah has been appointed as class counsel. The parties will next be suggesting to the court the manner in which notice of the class action will be sent to all potential members of the class. Read the order granting certification.
Defendant's Answer
On May 29, 2008, Defendant FBI filed its Answer to the Plaintiffs' Complaint. To read more, click here
Judge Denies FBI'S Motion To Dismiss
On May 15, 2008 Judge Emily Hewitt DENIED the FBI's Motion to Dismiss for lack of jurisdiction and ordered the FBI to file its Answer to the Complaint, or other responsive pleading, within 10 days. To see a full copy of the Judge's decision, click here
Plaintiffs Respond to FBI Motion to Dismiss
We have filed the response to the FBI Motion to Dismiss for Lack of Jurisdiction. The FBI may file a "reply," and then the Judge will rule on the Motion.
Read the Response to the FBI's Motion to Dismiss.
FBI Files Motion to Dismiss Complaint
In a move that was not unexpected, the FBI filed a motion to dismiss the class action complaint. We currently have until December 3, 2007 to respond. To view defendant's motion to dismiss, click here.
Class Complaint Filed
On August 2, 2007, a group of more than 100 police officers for the Federal Bureau of Investigation filed a class action complaint in the U.S. Court of Federal Claims for millions of dollars of back and future pay. The Complaint alleges that the FBI has not complied with a 2002 statute that mandated that the FBI police force be paid the same pay and benefits as members of the Uniformed Division of the United States Secret Service. To view the complaint, click here.
FBI Wage Claim: Court and Related Documents
In order to allow class members and the public access to the documents filed in the class action, key documents will be available on this website. To access any document, click on the links below.
