Trout v. O'Keefe

144 F.R.D. 587, 1992 U.S. Dist. LEXIS 18629, 1992 WL 361952
CourtDistrict Court, District of Columbia
DecidedNovember 12, 1992
DocketCiv. A. No. 73-0055 (HHG)
StatusPublished
Cited by3 cases

This text of 144 F.R.D. 587 (Trout v. O'Keefe) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trout v. O'Keefe, 144 F.R.D. 587, 1992 U.S. Dist. LEXIS 18629, 1992 WL 361952 (D.D.C. 1992).

Opinion

OPINION

HAROLD H. GREENE, District Judge.

Pending before the Court is plaintiff’s motion for an extension of the backpay award from May 1979 through the present. Also pending are the responses to the Court’s order to show cause why Rule 11 sanctions should not be imposed on an Assistant United States Attorney who represented the defendants and on then-Secretary of the Navy H. Lawrence Garrett III as the represented party in this litigation based on defendants’ memorandum of September 20, 1990, which the Court found to be prima facie frivolous. Pursuant to the Court’s Show Cause Order, the respondents filed lengthy memoranda and supporting affidavits. After consideration of the filings, the record, and the Court’s familiarity with this litigation, it finds that defendants’ memorandum of September 20, 1990 was not grounded in fact and was imposed for the improper purpose of delay and harassment of the plaintiffs. Nonetheless, the Court has concluded reluctantly, that for the reasons stated below, sanctions should not be imposed under the circumstances of this case. By contrast, the Court finds that plaintiffs’ motion for an extension of backpay through the present is meritorious.

The motion for backpay and the Show Cause Order rest on the common ground of the government’s strategy of attrition against the Navy women. Thus, in order to render understandable the nature of the case and today’s ruling, the Court will once again briefly recapitulate the history of the litigation, the September 20, 1990 pleading at issue, and, finally, the circumstances underlying the plaintiffs’ motion for back-pay.

I

Context of the Litigation

The Court’s Show Cause Order derives most directly from the Memorandum of September 20, 1990. However, the issue of the frivolousness of a filing usually cannot be viewed in a vacuum, but the full context must be considered. Moreover, under Rule 11 the Court must be cognizant of the circumstances surrounding the sanctionable conduct, Westmoreland v. CBS, Inc., 770 F.2d 1168, 1177 (D.C.Cir.1985), and convey a sense of the litigation’s flavor. Id. at 1174.

After almost twenty years of litigation, this case still “drags its weary length before the Court” 1 because the tactics of the Navy and.its Justice Department counsel have been as indefatigable as they have often been entirely inappropriate.

Following an administrative complaint in 1972, several judicial complaints charging sex discrimination by the Department of the Navy in violation of Title VII of the Civil Rights Act of 1964 were filed in this Court.2 The Court consolidated the complaints, and it certified a class of plaintiffs consisting of civilian women employees who between June 6, 1972 and June 4, 1979 worked for an agency of the Department of the Navy originally called NAVCOSSACT3 and later NARDAC,4 the Navy’s computer operations center. At a two-week trial, forty-two witnesses were heard, and over 7,500 pages of exhibits were admitted. The Court ultimately decided that plaintiffs had proved discrimination by the Navy against the class in violation of Title VII. Trout v. Hidalgo, 517 F.Supp. 873 (D.D.C.1981).

The Court of Appeals affirmed the Court’s finding of class-wide discrimination in promotions, but reversed some other findings based on the parties’ statistical [589]*589evidence. Trout v. Lehman, 702 F.2d 1094, 1103-05 (D.C.Cir.1983). At that stage of the litigation, nearly ten years ago, the Court of Appeals criticized even then the Navy’s efforts to reopen settled issues. The court admonished:

At some point litigation must come to an end, even though it is always possible to offer more evidence. ... [W]e find it extremely troublesome — in light of the long and complex history of this litigation and in light of Judge Greene’s patient and thoughtful treatment of the case — that the [government] would even propose that the trial court reopen and retry the matter. In the context of this case setting, such an adversarial tactic is irresponsible, insensitive to the extraordinary burdens faced by district courts already overloaded with heavy dockets, and wasteful of precious resources of litigants and the judiciary.

Id. at 1106. The court concluded that the Navy’s tactics were “an affront to the judicial system.” Id. at 1107.

Unfazed by the ire of the Circuit panel, the Navy sought rehearing en banc. When rehearing was denied, the Navy petitioned the Supreme Court for certiorari seeking summary reversal of the Court of Appeals and the District Court. The Supreme Court vacated the finding of class-wide discrimination and remanded the case. Justice Stevens, in a dissent joined by Justices Brennan and Marshall, inter alia observed with lamentable prescience:

The Court’s action today encourages the kind of litigating strategy that gives the party with greater resources a significant advantage unrelated to the merits of the case.

Lehman v. Trout, 465 U.S. 1056, 1061-1062 n. 8, 104 S.Ct. 1404, 1407-1408 n. 8, 79 L.Ed.2d 732 (1984) (Stevens, J., dissenting).

On remand, this Court, following appropriate proceedings in conformity with the appellate decisions, again determined that the Navy was guilty of sex discrimination and liable to the plaintiff class. Trout v. Lehman, 652 F.Supp. 144 (D.D.C.1986). The Court further ruled, in accordance with the Navy’s request, that individual hearings would be held for the class members in order to determine their entitlement to relief. Trout v. Webb, 708 F.Supp. 358 (D.D.C.1988). The individual claims were referred to a Special Master pursuant to Rule 53(b) of the Federal Rules of Civil Procedure due to the number of claims and their complex nature.

Proofs of Claim were filed on behalf of ninety-three claimants. Notwithstanding the decisions of this Court finding discrimination against the class, the government opposed all but five of these ninety-three claims5 on the basis that the individuals had not been discriminated against. The effect of the Navy’s action was to require the eighty-eight remaining individuals to prove discrimination all over again, although, as a matter of law, once a finding of discrimination has been made in favor of the class, individual class members need to make only a minimal showing to be entitled to relief, Pettway v. American Cast Iron Pipe Co., 494 F.2d 211, 259 (5th Cir.1974); Baxter v. Savannah Sugar Refining Corp., 495 F.2d 437, 445 (5th Cir.), cert. denied, 419 U.S. 1033, 95 S.Ct. 515, 42 L.Ed.2d 308 (1974), and a finding in favor of a class is therefore normally accepted by defendants in Title VII litigation with respect to all or all but a few of the class members.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Johnson v. Georgetown University
District of Columbia, 2026
Harding v. Cianbro Corp.
498 F. Supp. 2d 337 (D. Maine, 2007)
Trout v. Winter
464 F. Supp. 2d 25 (District of Columbia, 2006)
Trout v. Secretary of the Navy
317 F.3d 286 (D.C. Circuit, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
144 F.R.D. 587, 1992 U.S. Dist. LEXIS 18629, 1992 WL 361952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trout-v-okeefe-dcd-1992.