Opinion

Moore v. Tangipahoa Parish School Board

Court
District Court, E.D. Louisiana
Filed
Jun 10, 2021
Cited by
0 cases
Authority
More cited than 22.3%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

JOYCE MARIE MOORE, ET AL. CIVIL ACTION

VERSUS NO. 65-15556

TANGIPAHOA PARISH SCHOOL BOARD, SECTION: “B”(1)

ET AL

ORDER AND REASONS

Before the Court are a motion to intervene (Rec. Doc. 1662) and defendants’ opposition

(Rec. Doc. 1666). Movant requested oral argument (Rec. Doc. 1662-3), but that request is

DENIED as unnecessary. The parties’ briefings and record sufficiently address pertinent matters

for resolution of the intervention motion. For the reasons below,

IT IS ORDERED that the instant motion to intervene is DENIED.

FACTS OF THE CASE AND PROCEDURAL HISTORY

Movant Mr. Oscar Dantzler (“Dantzler”) is a school bus driver with over 29 years of

experience in the transportation department of the Tangipahoa Parish School System. Rec. Doc.

1662-1 at 2. During his time with that department, Dantzler alleges that he has been

subjected to numerous acts of discrimination and retaliatory conduct. Id.

In December 2003, Dantzler submitted a complaint to defendant Tangipahoa Parish School

Board (“the School Board”), alleging unlawful employment practice, improper decrease in his

operation allowance, harassment, discrimination, unfair treatment and retaliation. Id. Dantzler

specifically alleges being notified on December 9, 2003 that all bus drivers would receive an

increase in their operational lease amount and be paid route milage of no less than 20 miles. Rec.

Doc. 1662-2 at 2. However, on February 26, 2004, Dantzler received a paycheck containing

reductions in his fuel adjustment amount, local fuel adjustment amount, and a lower transportation

amount. Id. Dantzler further alleges that when he inquired about the pay decrease, a supervisor

responded that the GPS unit attached on Dantzler’s bus showed Dantzler drove less miles than he

reported. Id. The School Board allegedly failed to respond to Dantzler’s complaint. He

subsequently filed a charge of discrimination against the School Board with the U.S. Equal

Employment Opportunity Commission (EEOC). Rec. Doc. 1662-1 at 2.

Dantzler's EEOC charge alleges the School Board’s mileage minimum policy violated

his constitutional rights because he received the same raise as drivers who drove less than

twenty miles. Rec. Doc. 1662-2 at 2. Additionally, Dantzler asserts that the School Board’s

practice of placing a GPS on his bus without affording him the opportunity to address the

lower registered miles was unfair and unconstitutional. Id. On March 2, 2004, after

investigating Dantzler’s discrimination claim, the EEOC stated it was “unable to conclude that

the information obtained establishes violations of the statutes.” Rec. Doc. 1662-2 at 1.

In August 16, 2004 Dantzler applied for several bus route vacancies but the application

was denied. Rec. Doc. 16612 at 1 at 2. According to Dantzler, some of the available routes were

given to a white male and two white females – all of whom were allegedly less qualified than

him. Id. The EEOC dismissed this charge because it could not conclude that a statutory

violation had occurred. Rec. Doc. 1662-2 at 3.

Two months later, Dantzler applied, interviewed, and tested for one of two mid-level

supervisory positions and allegedly received the highest score among the applicants. Rec. Doc.

1662-1 at 2. However, the School Board gave the positions to two men whom the School Board

allegedly favored before the testing and interviewing process. Id. at 2-3.

On February 17, 2005, Dantzler applied for a position to serve on the Bus Driver Advisory

Committee, which was subsequently awarded to a white female allegedly less qualified than

him. Id. at 3. In Dantzler’s March 2005 charge of discrimination to the EEOC, his supervisor

reportedly told Dantzler that he was not selected because the other candidate received more votes.

Rec. Doc. 1662-2 at 7. The EEOC once again could not conclude that a statutory violation had

occurred. Id. at 6.

In 2014, Dantzler alleges that the School Board continued to retaliate against him by

declining to offer him a mid-level transportation coordinator position and instead hired a less

qualified white female. Rec. Doc. 1662-1 at 3. In 2018, Dantzler sought to apply for two available

positions, a mid-level transportation coordinator position and a transportation routing coordinator

position, which were offered to an allegedly less qualified white female and black female. Id.

EEOC once again dismissed the discrimination claim, finding that the information was

inconclusive to establish a statutory violation. Rec. Doc. 1662-2 at 8.

On November 2, 2020, Dantzler filed suit against the School Board, which was assigned

to another section of this Court.1 See Dantzler v. Tangipahoa Parish School Board, et al (CA 20-

2960). On February 8, 2021, the defendants filed a motion to dismiss on the basis that Dantzler

failed to adequately plead a discrimination claim. Id., ECF No. 16. Upon referring to this Court’s

previous order implementing new hiring procedures to promote diversity goals, the defendants

argued therein that at the time of Dantzler’s alleged discrimination, “the Transportation

1 Prior to filing suit in this Court, Dantzler filed two suits in the United States District Court for the District of Columbia

against the same defendants and other local, state, and federal officials on the same underlying discrimination claims.

Dantzler v. United States Department of Justice, et al, ECF No. 1 (D.D.C. June 8, 2020); Dantzler v. Tangipahoa

Parish School Board, et al, No. 1:20-cv-01629-TNM, ECF No. 1 (D.D.C. June 17, 2020). The School Board filed a

motion to dismiss, to which Dantzler failed to respond. Thus, the court treated his motion as conceded and dismissed

the School Board defendants from the case. Dantzler v. Tangipahoa Parish School Board, et al, ECF No. 41 at 1-2

(D.D.C. Nov. 30, 2020). The other matter was also ultimately dismissed. Dantzler v. U.S. Dept. of Justice, et al, ECF

No. 38 (D.D.C. Dec. 22, 2020); id., ECF No. 40 (D.D.C. Mar. 9, 2021).

Department was required to remain racially un-identifiable in accordance with Order 866 [in

Moore].” Id., ECF No. 16-2 at 6; ECF No. 16-9 at 2.2 Noting that Dantzler did not comply with

the recently adopted hiring procedures by failing to object to the recommendation and hiring of

another black candidate, defendants asserted that Dantzler has not sufficiently plead factual

allegations of discrimination. Id. at 7-8. Shortly after Dantzler filed the instant motion, the Dantzler

court denied defendants’ motion to dismiss without opining on the merits based on plaintiff’s

counsel’s “persuasive arguments.”3 Id., ECF No. 68 at 1.

On March 29, 2021, Dantzler filed a motion to intervene, requesting that his case be

transferred to this section as related to the above matter. Rec. Doc. 1662-1 at 6. Dantzler generally

alleges that defendants’ discriminatory hiring practices of favoring less qualified, predominantly

white candidates over Dantzler demonstrate a blatant disregard of a January 18, 2010 order. Id.

at 4-5. According to Dantzler, defendants intentionally mischaracterized that order and sought to

circumvent its directives on hiring within the school system by maintaining discriminatory

hiring practices in other departments, such as the transportation department. Id. at 3-4; see Dantzler

(CA 20-2960), ECF No. 16-2 at 6-8.

2 On January 18, 2010, this Court issued an order in the above-captioned case, implementing new hiring procedures

for principals, administrators, and supervisors within the Tangipahoa Parish School System. Rec. Doc. 866. Pursuant

to the plan attached therein, “the school system shall hire or appoint a qualified Black person who has submitted an

application to fill them to achieve a diversity goal of 40 percent Black and 60 percent white in each category. . . .” Id.

at 2.

The plan further provided that the school system shall screen all applicants for the open position and submit a list of

the name and race of each qualified applicant to the Court Compliance Officer (CCO) and Chief Desegregation

Implementation Officer (CDIO). Id. Following committee review and evaluation of the qualified applicants, the school

system should recommend a qualified black applicant, if any. Id. Should the superintendent choose to not recommend

the qualified black applicant in favor of a more qualified non-black applicant, the name of the proposed applicant with

written reasons as to why the black applicant was not recommended must be submitted to the CCO and CDIO. Id. If

the CCO receives any objections by black applicants to the recommendation, he shall notify the superintendent, who

shall respond to the objections in writing prior to formal recommendation to the school board. Id.

3 In the same action, Dantzler also filed a motion to transfer his case to this section, which was denied without written

reasons. Dantzler, (CA 20-2960), ECF No. 51.

On April 20, 2021, defendants timely filed an opposition. Rec. Doc. 1666. Generally,

defendants argue that Dantzler’s complaints pertain to allegations that pre-date the meaningful

changes in hiring policies that have been recently implemented. Id. at 2. As such, defendants allege

that Dantzler’s motion to intervene is untimely and fails to demonstrate a legally cognizable

interest. Id.

Plaintiff also referenced in comparison an employment discrimination case that was settled

involving another school bus driver.4 Defendants referenced four lawsuits filed by plaintiff.5

Collectively, Dantzler has filed suits across several sections of this Court, raising claims of

employment discrimination, RICO conspiracy, and constitutional violations against former

employers, members of the federal judiciary, elected officials, and counsel. Id.

Mr. Dantzler’s individual discrimination claims were either previously dismissed

or otherwise addressed through the EEOC system. Specifically, the alleged discrimination

in 2003-2004 was the subject of two separate actions filed in state and federal court, both of

which were dismissed with prejudice. The alleged discrimination in 2005 for failure to hire

occurred prior to this Court’s entry of Order 866 on hiring practices in this case. Additionally, as

it pertains to the two instances of alleged failure to promote in 2014, Dantzler was reportedly not

selected for either of the open positions for an alleged failure to meet the hiring requirements (i.e.,

bachelor’s degree at an accredited university, not having the required test score). Notably, at the

time of Dantzler’s application, the transportation department had reached unitary status.

4 In Nostriano, the white female plaintiff, who also worked as a school bus driver for the Tangipahoa Parish School

System, moved to transfer and consolidate her case to this section as related to the Moore case. Nostriano v.

Tangipahoa Parish School Board, et al, (CA 16-17832), ECF No. 10. Notably, the Magistrate Judge denied plaintiff’s

motion, and upon conferring with this section, it was agreed that “maintaining the captioned case in its present posture

without transfer or consolidation is in the best interest of justice.” Id., ECF No. 19 at 1.

5 See Dantzler v. Pope, (CA 08-3777); Dantzler v. Dantzler, (CA 08-03821); Dantzler v. Africk, (CA 09-3703);

Dantzler v. Ardoin, (CA 18-11022).

Lastly, Dantzler’s 2018 discriminatory hiring claim submitted to the above parties was held in

abeyance in view of his then-pending EEOC discrimination complaint. Rec. Doc. 1666-16 at 1.

LAW AND ANALYSIS

Federal Rule of Civil Procedure 24 provides two avenues for intervention: intervention of

right and permissive intervention. Fed. R. Civ. P. 24. Intervention of right applies when the movant

“claims an interest relating to the property or transaction that is the subject of the action, and is so

situated that disposing of the action may as a practical matter impair or impede the movant’s ability

to protect its interest, unless existing parties adequately represent that interest.” Fed. R. Civ. P.

24(a). Alternatively, permissive intervention applies when a movant has “a claim or defense that

shares with the main action a common question of law or fact.” Fed. R. Civ. P. 24(b).

Regardless of which avenue a movant pursues, a motion to intervene must be timely. See

Fed. R. Civ. P. 24. Timeliness “is not a word of exactitude or of precisely measurable dimensions”

but can “be determined from all the circumstances.” Jones v. Caddo Parish School Bd., 704 F.2d

206, 218 (5th Cir. 1983). The court may determine the timeliness of a motion to intervene by

weighing four factors:

(1) [t]he length of time during which the would-be intervenor actually knew or

reasonably should have known of his interest in the case before he petitioned for

leave to intervene; (2) the extent of the prejudice that the existing parties to the

litigation may suffer as a result of the would-be intervenor’s failure to apply for

intervention as soon as he knew or reasonably should have known of his interest in

the case; (3) the extent of the prejudice that the would-be intervenor may suffer if

intervention is denied; and (4) the existence of unusual circumstances militating

either for or against a determination that the application is timely.

Stallworth v. Monsanto Co., 558 F.2d 257, 264-66 (5th Cir. 1977). “The question whether an

application for intervention is timely is largely committed to the discretion of the district court,

and its determination will not be overturned on appeal unless an abuse of discretion is shown.” Id.

at 263.

1. Length of Time

The Fifth Circuit guided, “the relevant time period for gauging the timeliness of an

application for intervention begins when the proposed intervenor knew or should have known of

his or her interest in the case; actual knowledge is not required.” Jones, 704 F.2d at 220. The Jones

court determined that the intervention request was untimely because movant had actual or

constructive knowledge of her interest yet “remained conspicuously silent through almost sixteen

years of legal proceedings and negotiations” before seeking intervention. Id. at 218; see Rotstain

v.Mendez, 986 F.3d 931, 938 (5th Cir. 2021)(concluding that a delay of 18 months weighed against

timeliness). On rehearing, the Fifth Circuit affirmed denying the untimely intervention, given that

“the public had been kept well-informed of the progress of the parties’ negotiations and were given

every opportunity to voice their opinions in public meetings held in all parts of the parish.” Jones

v.Caddo Parish School Board, 735 F.2d 923, 932 (5th Cir. 1984)(en banc).

In Dandridge, two requests for intervention were made after the parties submitted a

proposed consent order and shortly before the scheduled fairness hearing, wherein this Court was

charged with either adopting or rejecting the proposed order. Dandridge v. Jefferson Parish School

Bd., 249 F.R.D. 243, 247 (E.D.La. 2008)(Englehart, J.). In view of the case’s posture, the court

denied both motions as untimely, noting that the movants knew of the parties’ negotiations and

consent order yet failed to explain their delayed request. Id.; United States v. Carroll County Board

of Education, 427 F.2d 141, 142 (5th Cir. 1970)(per curiam)(denying untimely intervention request

filed months after the parties’ school desegregation plan was judicially approved and put into

effect); United States v. Covington County School District., 499 F.3d 464, 466 (5th Cir. 2007)(per

curiam)(denying untimely intervention motion because appellants waited nearly fifteen weeks

after the district court entered the consent decree before filing their motion).

This well-publicized case, originally filed in 1965, remains ongoing to eradicate the

Tangipahoa Parish School System of residual discriminatory practices, implement new policies

that will promote unitary status, and ensure compliance with related court orders. While Dantzler

acknowledged the age and ongoing nature of this case, he never previously moved to intervene

despite allegedly discriminatory behavior towards him since 2003. He specifically references

defendants’ court-approved hiring procedures, yet he fails to make any allegation that he followed

those procedures to formally object to the recommended candidates for positions he sought as

required by the court's order. Rec. Doc. 866 at 2.

Like the movants in Jones and Dandridge, Mr. Dantzler knew or reasonably should

have known that the parties, including the desegregation implementation officer and court

compliance officer, have been actively working to address the vestiges of de jure segregation.

Instead, he waited over sixteen years to claim an interest while allegedly enduring targeted

discrimination. Dantzler’s prolonged and unexplained delay in seeking intervention

becomes increasingly difficult to comprehend considering his relatively public role in

the community and his multiple discrimination lawsuits against the School Board in this

and other courts. See Jones, 704 F.2d at 219. Thus, the length of time it took to intervene in

this case weighs against a finding of timeliness.

2. Prejudice to Existing Parties

The Fifth Circuit contemplated that late stage interventions in a desegregation case would

necessarily open the floodgates to litigation and delay cooperative resolution efforts by the original

parties. Id. at 221; see Boyd v. Foti, No. Civ. A. 94-204, 1997 WL 426098, at *2 (E.D.La. July 30,

1997)(Lemelle, M.J.). While the recent grant of provisional unitary status is subject to further

considerations, the issue of hiring practices had been addressed in 2010 and is not raised in a

pending motion for new trial. Rec. Docs. 866, 1669. Relitigating a settled issue well over a decade

later would hinder the progress made in this case by both parties, particularly in light of Dantzler’s

failure to follow through with the formal grievance process in this case. See Rec. Doc. 1666 at 8.

Therefore, the potential prejudice to the existing parties also weighs against a finding of timeliness.

3. Prejudice to Movant

The third timeliness factor turns on adequacy of representation. Lelsz v. Kavanagh, 710

F.2d 1040, 1046 (5th Cir. 1983). The Fifth Circuit indicated, “if the proposed intervenors’ interests

are adequately represented, then the prejudice from keeping them out will be slight.” Id. The

movant bears the burden of demonstrating inadequate representation but “need only show that

representation ‘may be’ inadequate.” Andrews v. City of Monroe, 314 F.R.D. 422, 426 (W.D.La.

2016). However, “when the party seeking to intervene has the same ultimate objective as a party

to the suit, the existing party is presumed to adequately represent the party seeking to intervene

unless that party demonstrates adversity of interest, collusion, or nonfeasance.” Id. (citing United

States v. Franklin Parish School Board, 47 F.3d 755, 757-58 (5th Cir. 1995)).

Dantzler argues that he will be prejudiced if unable to intervene because merely submitting

a formal complaint through the defendants would enable them to intentionally misrepresent his

claims. Rec. Doc. 1662-1 at 8. Although the School Board did not directly address the potential

for prejudice, it can be inferred from their opposition that Dantzler’s interests will not be prejudiced

because his claims have already been adjudicated or otherwise addressed through the grievance

process or by other courts. Rec. Doc. 1666 at 12.

Indeed, Dantzler utilized the grievance process in this case and submitted a formal

complaint on February 21, 2019 regarding the 2018 hiring for the transportation coordinator

positions. Rec. Doc. 1666 at 8; see Rec. Doc. 1662-2 at 12. However, upon discovery of Dantzler’s

EEO charge, his complaint in this case was held in abeyance since Dantzler invoked a claim under

a separate regulatory scheme. Id.; Rec. Doc. 1666-16. Soon after the EEOC dismissed Dantzler’s

claims, he filed a separate cause of action in this Court. See Dantzler, (CA 20-2960).

Because the Dantzler court declined to dismiss Dantzler’s claims and granted leave to file

an amended complaint, Dantzler will not be prejudiced if denied intervention. See id. at ECF No.

68. It cannot be overlooked that Dantzler initially submitted a grievance in this case but denied

plaintiffs an opportunity to adequately represent him out of distrust of the defendants. Therefore,

absent any prejudice to Dantzler, this factor also weighs against a finding of timeliness.

4. Unusual Circumstances

The final factor requires the movant to identify an unusual circumstance that calls for

intervention. Stallworth, 558 F.2d at 266. Although there is no specific showing of unusual

circumstances, a movant may “advance a convincing justification for his tardiness, such as that for

reasons other than lack of knowledge he was unable to intervene sooner.” Id.

Dantzler did not expressly identify an “unusual circumstance” nor explained his delay.

Dantzler did indicate, however, that he discovered a recently settled case involving a similarly

situated plaintiff who also sought to consolidate her case against the School Board with the instant

matter. Rec. Doc. 1662-1 at 1; see Notariano v. Tangipahoa Parish School Board, et al, (CA 16-

17832). Dantzler does not indicate whether that plaintiff was successful in her attempt but

nevertheless relies on Notariano as support to grant his own intervention. Rec. Doc. 1662-1 at 1.

Upon review of the Notariano record, the Magistrate Court subsequently denied her motion.

Notariano, (CA 16-17832), ECF No. 19. The court reasoned,

I have conferred with Judge Lemelle, to whom the motion specifically seeks

transfer, as Local Rule 3.1.1 contemplates, and we agree that maintaining the

captioned case in its present posture without transfer or consolidation is in the best

interest of justice. This is an individual Title VII case that is being pursued as such,

like any other. It is not being pursued by a member of the Moore class or in the

form of a grievance or other procedure mechanism springing from the Moore case.

Judge Lemelle has not accepted transfer of individualized Title VII cases of this

type that are being pursued through the EEO litigation process for consolidation

with the Moore case. His orders in the Moore case are clear and can be read and

understood by any judge. Under these circumstances, I cannot conclude that this

case compromises all or a material part of the subject matter or operative facts of

Moore, or vice versa, and I perceive no reason to transfer this matter to Section “B.”

Id. at 1-2.

While Mr. Dantzler originally initiated the formal grievance process in this case, he, like

Notariano, pursued the EEOC system and later filed a separate discrimination lawsuit. As such,

Dantzler fails to identify a distinct circumstance that would require us to go against the Notariano

court’s conclusion that Title VII claims like those raised by Notariano and Dantzler can be properly

resolved without consolidation with this case. Because there are no unusual circumstances that

mandate intervention, this final factor weighs against a finding of timeliness.

Therefore, upon application of the foregoing factors to the factual circumstances at bar, the

intervention is neither timely nor otherwise warranted. FRCP 24.

New Orleans, Louisiana, this 10th day of June 2021

_______________________________________

SENIOR UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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