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Pleasants v. Ridge

March 29, 2006


The opinion of the court was delivered by: John M. Facciola United States Magistrate Judge


This case was referred to me, upon consent of the parties, for all purposes including trial. Currently pending for resolution is Plaintiff's Renewed Motion for Reconsideration ("Pl.'s Mot."). For reasons stated herein, plaintiff's motion will be granted in part and denied in part.


The fundamental facts are discussed at length in previous opinions that I have issued in this case.*fn1 For present purposes, the most significant facts are as follows. Beginning in 1992, Carl Pleasants ("plaintiff"), an African-American male, was employed at the Federal Emergency Management Agency ("FEMA"), which is now part of the Department of Homeland Security, and was paid at the GS-13 level. Starting in 1995, plaintiff repeatedly petitioned his supervisor for a pay raise to the GS-14 level, but was always denied. Claiming to be frustrated by this, plaintiff took advantage of early retirement benefits and left FEMA in January 1999. Plaintiff soon learned that his former position was being advertised at the GS-14 level, and he submitted an application. His application, along with thirteen others, was reviewed by a three-person committee that graded the applicants' written descriptions of their relevant knowledge, skills, and abilities. Plaintiff's application was ranked eighth out of the fourteen applications. However, only the top seven candidates were placed on the best qualified list and allowed to proceed to the next step in the hiring process -- an interview with the selection committee. On September 9, 1999, another individual, an Asian female named Kim Roque ("Roque"), was hired for the position.

Plaintiff filed this suit in December 2000, initially bringing two Title VII claims against FEMA: 1) a pre-retirement failure to upgrade claim; and 2) a post-retirement non-selection claim. The pertinent regulations required that any claim be filed within forty-five days of the discrete act of discrimination, but plaintiff failed to meet this deadline as to his first claim because he retired without ever making any claim about FEMA's failure to promote him. Plaintiff's first claim was dismissed, but his second claim proceeded to trial and the jury determined, in accordance with the special verdict form, that plaintiff's race was a motivating factor in his exclusion from the best qualified list and the jury awarded him $15,000 in compensatory damages.

After the jury verdict, the parties contested what, if any, equitable relief plaintiff should be afforded. Plaintiff sought to be either reinstated to the position for which Roque was selected, at the GS-14 level, with back pay and all pay and step increases, or remain retired, but have his retirement benefits increased to reflect three years of employment at the GS-14 level. In contrast, defendant contended that plaintiff was entitled to no more than placement on the best qualified list for a position similar or identical to the position to which he had previously applied. On August 30, 2004, I issued an order "remanding the selection back to the agency, after plaintiff is placed on the best qualified list," reasoning that "a new selection best services all of the interests at issue without disserving any of them." Pleasants v. Allbaugh, No. 00-cv-3094, Memorandum Opinion at 8-9 (D.D.C. Aug. 30, 2004). Specifically, this equitable relief would put "plaintiff in the precise position he would have been had he not suffered discrimination and grants him no 'windfall.'" Id. at 9.

Shortly thereafter, plaintiff moved for reconsideration of my equitable relief determination on the ground that the position for which he had applied no longer existed. On October 29, 2004, however, defendant filed notice that it had a vacancy very similar to the position for which plaintiff had applied. Plaintiff applied for the vacancy and was placed on the best qualified list. Accordingly, I denied plaintiff's motion for reconsideration without prejudice.

On April 25, 2005, plaintiff filed the present renewed motion for reconsideration of my equitable relief determination on the ground that, although plaintiff had applied for the recent vacancy, he had not received any indication as to whether he would receive an interview or whether another candidate had been selected. Pl.'s Mot. at 2. Plaintiff was scheduled for an interview shortly thereafter and, to allow time for the selection process, defendant was granted extensions through June 15, 2005 to file its opposition to plaintiff's renewed motion. Ultimately, plaintiff was not selected for the position. Defendant's Opposition to Plaintiff's Renewed Motion for Reconsideration ("Def.'s Opp'n") at 4. Plaintiff now asserts that the re-selection process was a "sham" and the case should have been treated like Allen v. Barram, 215 F. Supp. 2d 184 (D.D.C. 2002), in which the Court awarded the plaintiffs the jobs for which they had applied but were not selected, because a new selection process would have been futile. Plaintiff's Reply to Defendant's Opposition to Renewed Motion for Reconsideration ("Pl.'s Reply Br.") at 1.

Plaintiff also requests that I now rule on his request for attorney's fees, the determination of which was previously deferred pending the resolution of the equitable relief issue. Specifically, plaintiff seeks a $157,221 fee award, representing 388.2 hours at the current Laffey Matrix rate of $405 per hour.*fn2 Pl.'s Mot. at 4; Notice of New Authority. In opposition, defendant contends that the requested award should be reduced (1) because the fee petition includes entries for clerical tasks and (2) because the award should reflect the over all degree of success actually achieved. Def.'s Opp'n at 4-6.


A. Renewed Request for Reconsideration of Equitable Relief Ruling

Plaintiff has moved me to "reconsider [my] decision of August 30, 2004, insofar as it requires him to compete for the position to which he applied and for the defendant to recreate the selection process in a non-discriminatory way." Pl.'s Mot. at 1. As grounds for reconsideration, plaintiff argues that the re-selection process was a "sham" and that the appropriate equitable remedy would have been for him to be awarded the position to which he applied (i.e., Realty Specialist, GS-1170-14), or a substantially similar position, with full back pay, benefits and interest. Pl.'s Reply Br. at 2-4. In the alternative, plaintiff offers to remain retired, but be reinstated to the position retroactively for three years, thereby increasing his retirement benefits. Id. at 3 n.1.

"A trial court has broad discretion to grant or deny a motion for reconsideration and will revise its decision only if it finds '(1) an intervening change in controlling law, (2) the availability of new evidence, or (3) the need to correct clear error or manifest injustice.'" Higbee v. Billington, 290 F. Supp. 2d 105, 106 (D.D.C. 2003) (quoting Regency Communications, Inc. v. Cleartel Communications, Inc., 212 F. Supp. 2d 1, 3 (D.D.C. 2002). In moving for reconsideration, plaintiff cites to no intervening change in the controlling law, presents no newly available evidence, and fails to demonstrate clear error or manifest injustice. As I explained in my August 30, 2004 order, plaintiff was entitled to nothing more than the opportunity to reapply without discrimination. Pleasants v. Allbaugh, No. 00-cv-3094, Memorandum Opinion at 8 (D.D.C. Aug. 30, 2004).

My equitable relief determination was reached after weighing the following interests: (1) making plaintiffs whole by putting them in the position in which they would have been had they not suffered discrimination; (2) providing an incentive to parties to bring lawsuits to accomplish the purposes of Title VII; (3) encouraging employers not to discriminate against persons protected by Title VII; (4) preventing plaintiffs from securing relief greater than the harm they actually suffered; (5) respecting agency autonomy in making personnel decisions; and (6) conserving judicial resources. Id. at 7-8. Because the discrimination found by the jury was defendant's failure to place plaintiff on the best qualified list, the most appropriate equitable relief was to allow plaintiff to reapply, but to first place him on the most qualified list of applicants. Id. at 8. Giving plaintiff the position for which he applied, as he requests me to do, would grant him more relief than he could legitimately claim and it would offend the interest of agency autonomy, which would be better ...

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