UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
_________________________________________________
CHRISTINE MILLS, RUNAKO BALONDEMU,
GERALDINE DUNCAN, PRISCILLA IJEOMAH,
LAWRENCE PERRY, WILLIAM ROWLAND,
DAVID HUBBARD, CLIFTON KNIGHT,
SHARON TAYLOR, and CHARLES MWALIMU,
Plaintiffs,
v. 1:04-CV-2205
(FJS/AK)
JAMES HADLEY BILLINGTON, Librarian,
Library of Congress,
Defendants.
_________________________________________________
APPEARANCES OF COUNSEL
ROSE LEGAL ADVOCATES DAVID L. ROSE, ESQ.
1726 M Street, NW JOSHUA N. ROSE, ESQ.
Suite 203 EARLENE W. ROSENBERG, ESQ.
Washington, D.C. 20036
Attorneys for Plaintiffs
OFFICE OF THE UNITED BEVERLY M. RUSSELL, AUSA
STATES ATTORNEY JULIA DOUDS, AUSA
555 4th Street, NW
Washington, D.C. 20530
Attorneys for Defendant
SCULLIN, Senior Judge
ORDER
Currently before the Court are Defendant's motion to dismiss or, in the alternative, for
summary judgment, see Dkt. No. 172, and Defendant's motion to strike the declarations that
Plaintiffs filed in support of their opposition to Defendant's motion to dismiss, see Dkt. No. 192.
The Court heard oral argument in support of, and in opposition to, these motions on
March 5, 2013. Consistent with the Court's discussion with counsel at the conclusion of oral
argument, the following constitutes the Court's written resolution of these motions. Accordingly,
the Court hereby
ORDERS that Defendant's motion to dismiss or, in the alternative, for summary
judgment is DENIED insofar as that motion is based on failure to exhaust administrative
remedies; and the Court further
ORDERS that Defendant's motion to dismiss or, in the alternative, for summary
judgment is DENIED insofar as that motion is based on the doctrine of res judicata; and the
Court further
ORDERS that Defendant's motion to dismiss or, in the alternative, for summary
judgment is DENIED without prejudice and with leave to renew insofar as that motion is
based on the doctrine of collateral estoppel. Defendant may renew its motion to dismiss and/or
for summary judgment on this ground, if appropriate, in opposition to Plaintiff's motion for class
certification; and the Court further
ORDERS that Defendant's motion to dismiss or, in the alternative, for summary
judgment is DENIED without prejudice and with leave to renew insofar as that motion is
based on failure to state a claim. Defendant may renew its motion to dismiss and/or for summary
judgment on this ground, if appropriate, in opposition to Plaintiffs' motion for class certification;
and the Court further
ORDERS that Defendant's motion for sanctions, which seeks relief in the form of the
dismissal of Plaintiffs' class claims, see Dkt. No. 120, and Defendant's motion for leave to file a
supplemental memorandum in support of that motion, see Dkt. No. 191, are DENIED; and the
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Court further
ORDERS that the pending discovery disputes regarding class discovery, including but
not limited to Defendant's motion for a protective order, see Dkt. No. 207, Plaintiffs' motion for
clarification of Magistrate Judge Kay's May 28, 2010 Order, see Dkt. No. 211, and Defendant's
motion to strike the declarations that Plaintiffs filed in support of their opposition to Defendant's
motion to dismiss or, in the alternative, for summary judgment, see Dkt. No. 192, are referred to
Magistrate Judge Kay for resolution; and the Court further
ORDERS that, within ten days of the date on which Magistrate Judge Kay resolves the
outstanding class discovery issues, the parties shall complete said discovery; and the Court
further
ORDERS that, within forty days of the date on which Magistrate Judge Kay resolves the
outstanding class discovery issues, Plaintiffs shall file their motion for class certification; and the
Court further
ORDERS that Defendant shall file its opposition to Plaintiffs' motion for class
certification within fourteen days of the date on which Plaintiffs file their motion for class
certification; and the Court further
ORDERS that the parties shall not file any further papers either in support of or in
opposition to Plaintiffs' motion for class certification.
IT IS SO ORDERED.
Dated: March 12, 2013
Syracuse, New York
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