Monday, August 24th, 2009...8:12 am
Alaska Legal Miscellanea: Title VII Settlement, Attorney Neglect, and Attorney Fees
EEOC-NEA settlement: The EEOC and the teachers union have settled the Title VII case about sexual harassment, but have not yet filed terms of the agreement.
Attorney fees for discovery motion: U. S. District Judge Sedwick has ordered the State of Alaska to pay $2300 to a civil rights plaintiff who prevailed on a discovery motion about access to state personnel files (previously discussed here).
Attorney neglect: Judge Sedwick has excused an attorney’s tardiness in filing a motion for attorney’s fees (and then denied the fee motion). The attorney claimed she’d mis-read an order granting an extension to another party, but Sedwick found the text of the mis-read order provided “little excuse” for the misunderstanding. However, because the attorney acted in good faith, the additional delay caused the other side no prejudice, and the underlying matter was collateral (attorney fees), Sedwick found excusable neglect. Gentemann v. N.W. Inupiat Housing Authority, 2009 WL 2515772 (D.Alaska Aug. 12, 2009)
2 Comments
August 24th, 2009 at 12:58 pm
EEOC v. National Education Assoc. and NEA-Alaska No. A01-0225-CV (JKS) (D. Alaska May 19, 2006) settlement terms from 2006 (see http://www.eeoc.gov/litigation/settlements/settlement05-06.html online)
“The San Francisco District Office resolved the case with a 3-year consent decree under which the three charging party/plaintiff-intervenors will receive $750,000 in monetary relief. The decree contains a number of provisions designed to promote information-sharing between NEA and its state affiliates regarding complaints made against USEDP participants. NEA will require each state affiliate that participates in the USEDP program to include USEDP participants in the antiharassment training that the state affiliate provides to its supervisors and managers. For the term of the decree, National NEA must report annually to the EEOC regarding discrimination complaints made by employees of NEA or its state affiliates and any action taken to resolve those complaints. NEA-Alaska must file similar reports with EEOC.”
it’s now three years later; you linked to the confirmation of the completion of the settlement terms.
August 24th, 2009 at 2:06 pm
I’m pretty sure this settlement is in a different, later (filed 2007) case than the one Mr. Mannis mentions (filed 2001).
After the original EEOC action against NEA Alaska, another employee - Denise Poole - filed additional claims based on NEA Alaska Ex. Dir. Thomas Harvey’s conduct, and it is this second case that has now settled. This blog reported on developments in this EEOC/Poole case earlier this year. Search for “Poole,” and you’ll find that report.
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