FBI Wage Claim

Motions re Summary Judgment Continue

Many of you have asked about the current status of the case. Both parties have continued to request extensions of time regarding submitting and responding to the motion for summary judgment. Therefore the following are the current deadlines:

  • February 4, 2016 - DOJ’s reply to Plaintiffs’ response was due (and was submitted).
  • March 24, 2016 - Plaintiffs’ reply to DOJ’s reply is due.

As we’ve related to you before, after receipt of all the motions, they will be before Judge Firestone who will then issue a decision on summary judgment. Most likely it will take Judge Firestone some time to make a decision because she has to review a lot of documents, so please continue to be patient. If summary judgment is granted, then the case will not proceed to trial. If summary judgment is denied, then the next phase of the case will be the trial stage. We will continue to apprise you all routinely (every 3-4 months) of the litigation schedule.

Please remember to send us your updated contact information, if anything has changed since you sent us your contact form.


Motions re Summary Judgment; Judge Firestone's Newest Order

In September, we requested a final extension to submit our response to the DOJ's motion for summary judgment. Additionally, in late November, the DOJ requested and was granted an extension to submit their reply to our response. Therefore the following are Judge Firestone's updated deadlines for motions:

  • June 22, 2015 - DOJ's motion for summary judgment was due (and was submitted).
  • October 23, 2015 - Plaintiffs' response to DOJ's motion, and any cross-motion for summary judgment was due (and was submitted).
  • January 8, 2016 - DOJ's reply to Plaintiffs' response is due.
  • January 22, 2016 - Plaintiffs' reply to DOJ's reply is due.

After receipt of all the motions, they will be before Judge Firestone, who will then issue a decision on summary judgment. If summary judgment is granted, then the case will not proceed to trial. If summary judgment is denied, then the next phase of the case will be the trial stage. We will continue to apprise you all routinely of the litigation schedule.

Please remember to send us your updated contact information, if anything has changed since you sent us your contact form.


Motions re Summary Judgment; Judge Firestone's Extension Orders

As was related to you in our last update, both parties have the opportunity to file what is called a "motion for summary judgment." A motion for summary judgment asks the Judge to find that there are no material facts in dispute, and to render a decision in the case without proceeding to a trial. Both parties requested extensions of time regarding submitting and responding to the motion for summary judgment. As of August 2015, Judge Firestone ordered the following updated deadlines for motions:

  • June 22, 2015 - DOJ's motion for summary judgment was due (and was submitted).
  • September 23, 2015 - Plaintiffs' response to DOJ's motion, and any cross-motion for summary judgment is due.
  • October 26, 2015 - DOJ's reply to Plaintiffs' response is due.
  • November 9, 2015 - Plaintiffs' reply to DOJ's reply is due.

After receipt of all the motions, they will be before Judge Firestone, who will then issue a decision on summary judgment. If summary judgment is granted, then the case will not proceed to trial. If summary judgment is denied, then the next phase of the case will be the trial stage. We will continue to apprise you all routinely of the litigation schedule.

Please remember to send us your updated contact information, if anything has changed since you sent us your contact form.


Discovery Closed; Judge Firestone's Newest Orders

Many of you have asked about the current status of the case. After many documents exchanged and many depositions, discovery is now closed. The next phase of the case, and the phase prior to the trial stage, is the motions stage. Both parties now have the opportunity to file what is called a "motion for summary judgment." A motion for summary judgment asks the Judge to find that there are no material facts in dispute, and to render a decision in the case without proceeding to a trial. On April 15, 2015, Judge Firestone ordered the following deadlines for motions:

  • June 1, 2015 - DOJ's motion for summary judgment is due.
  • June 29, 2015 - Plaintiffs' response to DOJ's motion, and any cross-motion for summary judgment is due.
  • July 30, 2015 - DOJ's reply to Plaintiffs' response is due.
  • August 13, 2015 - Plaintiffs' response to DOJ's Reply is due.

After August 13, the motions will be before Judge Firestone, who will then issue a decision on summary judgment. If summary judgment is granted, then the case will not proceed to trial. If summary judgment is denied, then the next phase of the case will be the trial stage. We will continue to apprise you all of any changes in the litigation schedule as they occur.

Please remember to send us your updated contact information, if anything has changed since you sent us your contact form.


Judge Firestone Orders New Deadline for Adding New Class Members

Many of you have asked about the previous discovery deadline of August 24, 2014. Please be aware, that this month, Judge Firestone ordered an extension of all discovery-related deadlines. The current deadlines are listed below.

  • March 16, 2015 - Close of fact discovery and the period for adding new class members.
  • March 20, 2015 - Joint status report due advising the court as to the likelihood of settlement. If the parties are unable to reach a settlement, the parties should propose a schedule for next steps in the litigation.

The Parties have been in the process of taking depositions from each other's witnesses, and that process is continuing. It is our hope that no further extension for discovery will be required.

Attached is the document that we have been sending out to all possible class members who are interested in joining the class action. Please feel free to forward this email to anyone who is interested in joining the class action. As soon as possible, please tell them to email, fax, or mail back pages 13 - 15, and mail your $100 to us. Please note that our firm has moved since this lawsuit began and our new address is below and on the attached cover letter. All possible class members have until 2:00 pm on March 16, 2015, to submit paperwork because that is the last day the Judge is allowing us to add new class members.

If we need further information from you, we may contact you in the near future. Please remember to send us your updated contact information, if anything has changed since you sent us your contact form.


Judge Firestone Orders Extension of All Discovery-Related Deadlines

On January 13, 2014, Judge Firestone ordered an extension of all discovery-related deadlines. The previous discovery deadline was February 24, 2014. Fact discovery is now set to close on August 24, 2014. Further time was necessary to conduct discovery on the recently renewed practice of deputizing FBI Police Officers, and related issues. Recently, DOJ noticed the depositions of named class members Jeff King, Scott Austin, Kevin Harris, and John Hays. The DOJ will take these depositions on August 5-6, 2014, at the CJIS facility. We plan to take depositions of select FBI management officials involved in the lawsuit in late September 2014. Taking depositions in September will require a small extension of the discovery deadline. However, the DOJ has indicated that it will not oppose such an extension with Judge Firestone.

Written discovery is nearly complete. Once the list of FBI management officials to be deposed (or "deponents") is finalized, we will notify all of the class members. Additionally, some of the class members have already been contacted in conjunction with responding to agency's discovery requests. If further information regarding the Agency's discovery requests is needed, we may contact you again in the near future.


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.