Case Details

CourtEastern District of Michigan
Docket number2:05-cv-74061
Date case filed2005-10-24
Date case closed2007-12-18
Date of latest filing
Assigned toDistrict Judge Victoria A. Roberts
Case causeNo cause code entered
Nature of suit442 Civil Rights: Jobs
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Craig W. Schwartz
Party type: Plaintiff
Attorney name: Ben M. Gonek
Attorney Contact:
Ben M. Gonek, P.C.
101 W. Big Beaver Road
Suite 1000
Troy, MI 48084
248-457-7122
Fax: 248-457-7001
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joel B. Sklar
Attorney Contact:
615 Griswold
Suite 1300
Detroit, MI 48226
313-963-3377
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Detroit, City of
Party type: Defendant
Attorney name: Andrew R. Jarvis
Attorney Contact:
Detroit City Law Department
660 Woodward Avenue
Suite 1650
Detroit, MI 48226-3491
313-224-4550
Fax: 313-224-5505
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Valerie A. Colbert-Osamuede - SUSPENDED
Attorney Contact:
Detroit City Law Department
660 Woodward Avenue
Suite 1650
Detroit, MI 48226-3491
313-224-4550
Fax: 313-224-5505
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Detroit Police Department
Party type: Defendant
TERMINATED: 01/16/2007
Attorney name: Andrew R. Jarvis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Valerie A. Colbert-Osamuede - SUSPENDED
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ella M. Bully-Cummings
Party type: Defendant
Attorney name: Andrew R. Jarvis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Valerie A. Colbert-Osamuede - SUSPENDED
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12005-10-24 COMPLAINT filed by Craig W. Schwartz against all defendants, Receipt No: 533254 - Fee: $ 250.(PPaul, ) (Entered: 10/25/2005)
22005-10-26 SUMMONS Returned Executed. Ella M. Bully-Cummings served on 10/25/2005, answer due 11/14/2005 (DTyle, ) (Entered: 10/27/2005)
32005-10-26 SUMMONS Returned Executed. Detroit Police Department served on 10/26/2005, answer due 11/15/2005 (DTyle, ) (Entered: 10/27/2005)
42005-10-26 SUMMONS Returned Executed. Detroit, City of served on 10/25/2005, answer due 11/14/2005 (DTyle, ) (Entered: 10/27/2005)
52005-12-02 NOTICE of Appearance by Valerie A. Colbert-Osamuede, Andrew R. Jarvis on behalf of Detroit, City of, Detroit Police Department, Ella M. Bully-Cummings. (PPaul, ) (Entered: 12/05/2005)
62005-12-02 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Detroit, City of, Detroit Police Department, Ella M. Bully-Cummings.(PPaul, ) (Entered: 12/05/2005)
72005-12-02 NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney Andrew R. Jarvis re 5 Notice of Appearance, 6 Answer to Complaint (PPaul, ) (Entered: 12/05/2005)
82005-12-06 NOTICE TO APPEAR: Scheduling Conference set for 1/19/2006 02:30 PM before Honorable Victoria A Roberts. SEE IMAGE FOR ADDITIONAL DEADLINES(CPin, ) (Entered: 12/06/2005)
92006-01-05 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f).(Sklar, Joel) (Entered: 01/05/2006)
102006-01-19 SCHEDULING ORDER PHASE I: Settlement Conference set for 9/18/2006 at 03:30 PM before Honorable Victoria A Roberts. Signed by Honorable Victoria A Roberts. (Refer to image for additional dates)(LVer, ) (Entered: 01/25/2006)
112006-01-25 ORDER dismissing defendant City of Detroit Signed by Honorable Victoria A Roberts. (PPaul, ) (Entered: 01/25/2006)
122006-06-22 MOTION to Compel Answers to Plaintiff's First Request for Production of Documents and Things by Craig W. Schwartz. (Attachments: # 1 Index of Exhibits # 2 Exhibit A - Request to Produce# 3 Exhibit B-Correspondence)(Sklar, Joel) (Entered: 06/22/2006)
132006-06-23 NOTICE of Telephone Conference on Pending Motion. (LVer, ) (Entered: 06/23/2006)
142006-06-28 STIPULATION AND ORDER COMPELLING ANSWERS TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTSJ AND THINGS Signed by Honorable Victoria A Roberts. (CPin, ) (Entered: 06/28/2006)
152006-06-29 Plaintiff's Lay and Expert WITNESS LIST by Craig W. Schwartz (Sklar, Joel) (Entered: 06/29/2006)
162006-06-30 WITNESS LIST by Detroit Police Department, Ella M. Bully-Cummings (Jarvis, Andrew) (Entered: 06/30/2006)
172006-07-07 MOTION to Compel by all defendants. (Jarvis, Andrew) (Entered: 07/07/2006)
182006-07-19 RESPONSE to 17 MOTION to Compel Under FRCP 35(A) filed by Craig W. Schwartz. (Sklar, Joel) (Entered: 07/19/2006)
192006-07-31 MOTION for Sanctions for Defendants' Failure to Comply with the Scheduling Order and Stipulated Order Compelling Answers to Plaintiff's First Request for Production of Documents and Things by Craig W. Schwartz. (Attachments: # 1 Index of Exhibits # 2 Exhibit Proof of Service - Plaintiff's Rule 26 Disclosures# 3 Exhibit Plaintiff's First Request for Production of Documents and Things Pursuant to Rule 34 of the Federal Rules of Civil Procedure# 4 Exhibit Correspondence dated June 2, 2006# 5 Exhibit Stipulated Order Compelling Answers to Plaintiff's First Request for Production of Documents and Things)(Sklar, Joel) (Entered: 07/31/2006)
202006-08-01 NOTICE of Telephone Conference on Pending Motion. (LVer, ) (Entered: 08/01/2006)
212006-08-01 [FILING ERROR: RULE 11 STIPULATIONS] STIPULATION Regarding Plaintiff's Rule 35 Exam by Detroit Police Department, Ella M. Bully-Cummings.(Jarvis, Andrew) Modified on 8/2/2006 (NHoll, ). (Entered: 08/01/2006)
222006-08-02 Stipulated Order Regarding Plaintiff's Rule 35 Exam. Signed by Honorable Victoria A Roberts. (LVer, ) (Entered: 08/02/2006)
232006-08-03 AMENDED SCHEDULING ORDER PHASE I: Settlement Conference set for 11/21/2006 at 3:30 PM before Honorable Victoria A Roberts. Signed by Honorable Victoria A Roberts. (Refer to image for additional dates)(LVer, ) (Entered: 08/03/2006)
242006-08-25 Defendants' First Amended WITNESS LIST by Detroit Police Department, Ella M. Bully-Cummings (Jarvis, Andrew) (Entered: 08/25/2006)
252006-10-03 STIPULATION AND ORDER EXTENDING DISCOVERY CUT OFF AND RESCHEDULING SETTLEMENT CONFERENCE Settlement Conference set for 12/15/2006 02:00 PM before Honorable Victoria A Roberts. Signed by Honorable Victoria A Roberts. SEE IMAGE FOR ADDITIONAL DEADLINES(CPin, ) (Entered: 10/03/2006)
262006-10-17 NOTICE by Craig W. Schwartz of Filing of Expert Report (Attachments: # 1 Exhibit)(Sklar, Joel) (Entered: 10/17/2006)
272006-12-01 STIPULATION AND ORDER EXTENDING DISCOVERY CUT OFF AND RESCHEDULING SETTLEMENT CONFERENCE Settlement Conference set for 2/23/2007 02:00 PM before Honorable Victoria A Roberts. Adjourned from 12/15/06 Signed by Honorable Victoria A Roberts. SEE IMAGE FOR ADDITIONAL DEADLINES(CPin, ) (Entered: 12/01/2006)
282007-01-16 ORDER Reinstating Defendant City of Detroit and Dismissing Defendant City of Detroit Police Deparment. Signed by Honorable Victoria A Roberts. (RHutc, ) (Entered: 01/16/2007)
292007-02-06 ORDER of Reference to Magistrate Judge Whalen: Conduct Settlement Conference 2/23/07 at 2:00 p.m. Signed by Honorable Victoria A Roberts. (LVer, ) (Entered: 02/06/2007)
302007-02-08 NOTICE TO APPEAR: Settlement Conference set for 2/23/2007 02:00 PM before Honorable R. Steven Whalen. (GWil, ) (Entered: 02/08/2007)
312007-02-22 NOTICE TO APPEAR: Settlement Conference set for 4/2/2007 at 10:00 AM before Honorable Victoria A Roberts. (LVer, ) (Entered: 02/22/2007)
322007-04-02 SCHEDULING ORDER PHASE II: Settlement Conference set for 9/24/2007 at 10:00 AM before Honorable Victoria A Roberts, Jury Trial set for 11/6/2007 at 9:00 AM before Honorable Victoria A Roberts Signed by Honorable Victoria A Roberts. (Refer to image for additional dates) (LVer) (Entered: 04/04/2007)
332007-04-02 ORDER REGARDING JOINT FINAL PRETRIAL AND FINAL PRETRIAL ORDER: Final Pretrial Conference set for 10/29/2007 at 3:00 PM before Honorable Victoria A Roberts Signed by Honorable Victoria A Roberts. (Refer to image for additional dates) (LVer) (Entered: 04/04/2007)
342007-06-04 MOTION for Summary Judgment by all defendants. (Attachments: # 1 Index of Exhibits Defendants' MSJ Index of Exhibits# 2 Exhibit 2 -Rank Order Listings-Post Oral Assessment# 3 Index of Exhibits 3 - List of Promotions/Appointments 7.02-Present# 4 Exhibit 4 - List of Promotions/Appointments 9/2002-2004# 5 Exhibit 5 - Dep of Chief Bully-Cummings (Cliff Case)# 6 Exhibit 6 - Dep of Gerald Cliff (Cliff Case)# 7 Exhibit 7 - Dep of Walter Shoulders (Cliff Case)# 8 Exhibit 9 - Pl's Initial Disclosures# 9 Exhibit 10 - Pl's Answers to Df's 1st Interrogs# 10 Exhibit 11 - List of Exec Appointments# 11 Exhibit 12 - Pl's 2003 EEOC Charge# 12 Exhibit 13 - Pl's 2005 EEOC Charge# 13 Exhibit 14 - Pl's 2003 Right to Sue Letter# 14 Exhibit 15 - Dep of Bully-Cummings 1of 6# 15 Index of Exhibits 15 - Dep of Bully-Cummings 2 of 6# 16 Exhibit 15 - Dep of Bully-Cummings 3 of 6# 17 Exhibit 15 - Dep of Bully-Cummings 4 of 6# 18 Exhibit 15 - Dep of Bully-Cummings 5 of 6# 19 Exhibit 15 - Dep of Bully-Cummings 6 of 6# 20 Exhibit 16 - Dep of Walter Shoulders# 21 Exhibit 17 - Dep of Schwartz 1 of 6# 22 Exhibit 17 - Schwartz Dep 2 of 6# 23 Index of Exhibits 17 - Schwartz Dep 3 of 6# 24 Exhibit 17 - Schwartz Dep 4 of 6# 25 Exhibit 17 - Schwartz Dep 5 of 6# 26 Exhibit 17 - Schwartz Dep 6 of 6# 27 Exhibit 18 - Dep of Christian# 28 Exhibit 18 - Dep of Christian Part 2# 29 Index of Exhibits 19 - Dep of Barden-Jackson Part 1# 30 Exhibit 19 - Dep of Barden-Jackson Part 2# 31 Exhibit 20 - Dep of Walter Martin Part 1# 32 Exhibit 20 - Dep of Walter Martin Part 2# 33 Exhibit 20 - Dep of Walter Martin Part 3# 34 Exhibit 20 - Dep of Walter Martin Part 4# 35 Exhibit 20 - Dep of Walter Martin Part 5# 36 Exhibit 20 - Dep of Walter Martin Part 6# 37 Exhibit 20 - Dep of Walter Martin Part 7# 38 Exhibit 20 - Dep of Walter Martin Part 8# 39 Exhibit 21 - Dep of L. Wright# 40 Exhibit 22 - Affidavit of Malinda Hall) (Jarvis, Andrew) (Entered: 06/04/2007)
352007-06-12 STIPULATION AND ORDER, Set Motion and R&R Deadlines/Hearings as to 34 MOTION for Summary Judgment : Responses due by 6/28/2007 Replies due by 7/9/2007 No further extensions. Signed by Honorable Victoria A Roberts. (CPin) (Entered: 06/12/2007)
362007-06-28 RESPONSE to 34 MOTION for Summary Judgment filed by Craig W. Schwartz. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1: Complaint# 3 Exhibit 2: Home Rule Charter# 4 Exhibit 3: Executive Order No. 2# 5 Exhibit 4: Deposition of Mark Henning# 6 Exhibit 5: Deposition of Ella M. Bully-Cummings# 7 Exhibit 6: Deposition of Lawana Ducker# 8 Exhibit 7: Analysis of Executive Promotions Since 1/2002# 9 Exhibit 8: Executive Appointments - November, 2003 through February, 2007# 10 Exhibit 8a: List of Prior Appointments# 11 Exhibit 9: Craig Schwartz Affidavit# 12 Exhibit 10: Gerald Cliff Affidavit in Cliff vs. City of Detroit, et. al.# 13 Exhibit 11: US Census of 2000# 14 Exhibit 12: Deposition of Walter Shoulders# 15 Exhibit 13: Deposition of Gary Christian# 16 Exhibit 14: Deposition of Craig Schwartz# 17 Exhibit 15: Personnel Order 02-164# 18 Exhibit 16: Administrative Message# 19 Exhibit 17: Command Staff Written Examination Scores# 20 Exhibit 18: Candidate Assessments# 21 Exhibit 19: Assessment Panel Composition# 22 Exhibit 20: Craig Schwartz 2003 EEOC Charge# 23 Exhibit 21: Gerald Cliff 2003 EEOC Charge# 24 Exhibit 22: Right to Sue Letter Dated 7/10/2003# 25 Exhibit 23: Promotion# 26 Exhibit 24: Gerald Cliff vs. City of Detroit, et al. Complaint# 27 Exhibit 25: Ella M. Bully-Cummings Biography# 28 Exhibit 26: Cliff Affidavit in Schwartz vs. City of Detroit, et al.# 29 Exhibit 27: Letter of Demotion Dated 03/11/05# 30 Exhibit 28: Plaintiff's Answers to Interrogatories, No. 16# 31 Exhibit 29: Grievance# 32 Exhibit 30: Craig Schwartz 2005 EEOC Charge# 33 Exhibit 31: Right to Sue Letter Dated 7/28/2005# 34 Exhibit 32: Newspaper Article# 35 Exhibit 33: Deficiency Letter Dated 1/06/2006# 36 Exhibit 34: Craig Schwartz Internal EEOC Complaint# 37 Exhibit 35: George Hall Letter Dated [sic] 1/17/2006# 38 Exhibit 36: Excerpt from Deposition of Ella Bully-Cummings in Gomez-Mesquita vs. City of Detroit, et al.# 39 Exhibit 37: Richard McCarty Affidavit# 40 Exhibit 38: E-mail to Ella Bully-Cummings from Richard McCarty# 41 Exhibit 39: Deposition of Walter Martin# 42 Exhibit 40: Memo Dated 7/07/2005# 43 Exhibit 41: Memo Dated 7/13/2005# 44 Exhibit 42: Homeland Security Memo# 45 Exhibit 43: Memo's and e-mails# 46 Exhibit 44: Portions of Plaintiff's Employee File# 47 Exhibit 45: Statistics# 48 Exhibit 46: Article Regarding Restructuring) (Sklar, Joel) (Entered: 06/28/2007)
372007-07-09 REPLY to Response re 34 MOTION for Summary Judgment filed by all defendants. (Jarvis, Andrew) (Entered: 07/09/2007)
382007-09-20 AMENDED SCHEDULING ORDER PHASE II: Settlement Conference set for 10/9/2007 at 3:00 PM before Honorable Victoria A Roberts, Jury Trial set for 11/6/2007 at 9:00 AM before Honorable Victoria A Roberts Signed by Honorable Victoria A Roberts. (Refer to image for additional dates) (LVer) (Entered: 09/20/2007)
392007-09-20 AMENDED ORDER REGARDING JOINT FINAL PRETRIAL ORDER AND FINAL PRETRIAL CONFERENCE: Final Pretrial Conference set for 11/2/2007 at 2:00 PM before Honorable Victoria A Roberts Signed by Honorable Victoria A Roberts. (Refer to image for additional dates) (LVer) (Entered: 09/20/2007)
402007-10-03 ORDER of Reference to Magistrate Judge Majzoub: Conduct Settlement Conference. Signed by Honorable Victoria A Roberts. (LVer) (Entered: 10/03/2007)
412007-10-05 NOTICE TO APPEAR: Settlement Conference set for 10/9/2007 @ 03:00 PM before Honorable Mona K Majzoub (LBar) (Entered: 10/05/2007)
422007-10-10 ORDER to Seal Tape Number MKM 07-056 Signed by Honorable Mona K Majzoub. (LBar) (Entered: 10/10/2007)
432007-12-18 STIPULATED ORDER DISMISSING CASE. Signed by Honorable Victoria A Roberts. (NHol) (Entered: 12/19/2007)
442008-02-05 STIPULATION AND ORDER re Settlement Conference - Signed by Honorable Mona K Majzoub. (LBar) (Entered: 02/05/2008)
452008-05-19 MOTION Enforcement of General Release of Claims and Settlement Agreement by Craig W. Schwartz. (Sklar, Joel) (Entered: 05/19/2008)
462008-05-21 NOTICE of Telephone Conference on Pending Motion. (LVer) (Entered: 05/21/2008)
472008-06-19 ORDER Setting Briefing Schedule. Signed by District Judge Victoria A Roberts. (LVer) (Entered: 06/19/2008)
482008-07-08 TRANSCRIPT of Settlement held on 10/09/2007. (Court Reporter/Transcriber: Marie Metcalf) (Number of Pages: 11) Redaction Request due 7/29/2008. Redacted Transcript Deadline set for 8/8/2008. Release of Transcript Restriction set for 10/6/2008. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Metcalf, M) (Entered: 07/08/2008)
492008-07-10 RESPONSE to 45 MOTION Enforcement of General Release of Claims and Settlement Agreement filed by Detroit, City of, Ella M. Bully-Cummings. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - DPOA Contract Article 40 H, # 3 Exhibit 2 - DPLSA Contract Article 17H, # 4 Exhibit 3 - DPCOA Contract Article 32 F 1) (Jarvis, Andrew) (Entered: 07/10/2008)
502008-07-21 REPLY to Response re 45 MOTION Enforcement of General Release of Claims and Settlement Agreement filed by Craig W. Schwartz. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Transcript of Settlement Hearing, # 3 Exhibit B: Affidavit of Craig Schwartz, # 4 Exhibit C: Resignation/Retirement Notification, # 5 Exhibit D: Charter, # 6 Exhibit E: Lump-Sum Payoff Calculation and Check, # 7 Exhibit F: Letter of June 9, 2008, # 8 Exhibit G: Article V of the City Code, # 9 Exhibit H: Section 33 of the CBA, # 10 Exhibit I: Section 24 of the CBA) (Sklar, Joel) (Entered: 07/21/2008)
512008-07-22 NOTICE by Craig W. Schwartz re 45 MOTION Enforcement of General Release of Claims and Settlement Agreement Supplement (Sklar, Joel) (Entered: 07/22/2008)
522008-07-22 NOTICE by Craig W. Schwartz re 50 Reply to Response to Motion,, Supplemental Exhibit (Attachments: # 1 Exhibit General Release of claims and Settlement Agreement) (Sklar, Joel) (Entered: 07/22/2008)
532008-07-23 AFFIDAVIT of Mary Ellen Gurewitz re 50 Reply to Response to Motion,, In Support of Reply to Response to Motion for Enforcement of "General Release of Claims and Settlement Agreement" by Craig W. Schwartz (Sklar, Joel) (Entered: 07/23/2008)
542008-08-04 APPLICATION For Leave to File a Supplemental Responsive Brief by Detroit, City of, Ella M. Bully-Cummings. (Jarvis, Andrew) (Entered: 08/04/2008)
552008-08-04 SUPPLEMENTAL BRIEF re 54 Application for Leave to File a Supplemental Responsive Brief filed by Detroit, City of, Ella M. Bully-Cummings. (Jarvis, Andrew) (Entered: 08/04/2008)
562008-08-06 APPLICATION for Leave to File a Supplemental Reply Brief by Craig W. Schwartz. (Sklar, Joel) (Entered: 08/06/2008)
572008-08-06 SUPPLEMENTAL BRIEF re 56 Application for Leave to File a Supplemtal Reply Brief filed by Craig W. Schwartz. (Sklar, Joel) (Entered: 08/06/2008)
582008-09-29 SUPPLEMENTAL BRIEF re 52 Notice (Other) Motion to Enforce Settlement Agreement filed by Craig W. Schwartz. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Affidavit of Mark Henning, # 3 Exhibit B: Resignation/Retirement Notification, # 4 Exhibit C: Section 24 of the DPCOA Labor Contract, # 5 Exhibit D: Affidavit of Mary Ellen Gurewitz) (Sklar, Joel) (Entered: 09/29/2008)
592008-09-30 REPLY to Response re 45 MOTION Enforcement of General Release of Claims and Settlement Agreement Supplemental Brief filed by Detroit, City of, Ella M. Bully-Cummings. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - 1Resignation - Lump Sum Payoff Calculation, # 3 Exhibit 2 - 2Resignation / Retirement Notification, # 4 Exhibit 3 - 3Memo from Police & Fire Retirement System, # 5 Index of Exhibits 4 - 4Agreement between City and Detroit Police Command Officers Association) (Jarvis, Andrew) (Entered: 09/30/2008)
602008-11-10 ORDER Granting In Part And Denying In Part 45 Plaintiff's Motion for Enforcement of General Release of Claims and Settlement Agreement. Signed by District Judge Victoria A Roberts. (LVer) (Entered: 11/10/2008)