Robinson v. District of Columbia

MOTION for Summary Judgment

D.D.C.December 9, 2016

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARK E. ROBINSON, ) ) Plaintiff, ) ) v. ) Case No. 1:15-cv-444 (RC) ) DISTRICT OF COLUMBIA, ) ) Defendant. ) ____________________________________) DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendant the District of Columbia (“Defendant”), by and through undersigned counsel and pursuant to Fed. R. Civ. P. 56, moves for judgment on all remaining claims1 asserted by Plaintiff. In support, the District states: 1. Plaintiff lacks sufficient evidence to establish that he has suffered any adverse employment action. 2. Defendant has satisfied its burden to show that it had a legitimate, non- discriminatory reason for denying Plaintiff’s request to be re-assigned to the Automated Traffic Enforcement Unit, and Plaintiff lacks evidence to establish that Defendant’s legitimate, non- discriminatory reason is pretextual. In support of this Motion and attached hereto, Defendant submits (1) its Statement of Material Facts as to which There is No Genuine Issue, (2) its Memorandum of Points and Authorities, and (3) a proposed order. December 9, 2016 Respectfully submitted KARL A. RACINE Attorney General for the District of Columbia 1 Plaintiff’s Complaint pled five counts. Counts Three and Four were dismissed by order of the Court on October 15, 2015. Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 1 of 14 GEORGE C. VALENTINE Deputy Attorney General Civil Litigation Division /s/ Michael K. Addo MICHAEL K. ADDO [1008971] Chief, Civil Litigation Division Section IV /s/ Philip A. Medley PHILIP A. MEDLEY [1010307] Assistant Attorney General 441 Fourth Street, N.W., Suite 630 South Washington, D.C. 20001 (202) 724-6626 (202) 741-5920 (fax) philip.medley@dc.gov Attorneys for Defendant Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 2 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARK E. ROBINSON, ) ) Plaintiff, ) ) v. ) Case No. 1:15-cv-444 (RC) ) DISTRICT OF COLUMBIA, ) ) Defendant. ) ____________________________________) STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE Pursuant to Fed. R. Civ. P. 56(c) and LCvR 7(h)(1), Defendant hereby submits the following statement of material facts as to which there is no genuine issue. 1. Plaintiff is and was at all times relevant to this case employed as a sergeant with the District of Columbia Metropolitan Police Department. Exhibit 1, Robinson Dep. 8:7-16; Compl. ¶ 8. 2. The Automated Traffic Enforcement Unit (“ATEU”) of the Special Operations Division of the Homeland Security Bureau of the District of Columbia Metropolitan Police Department was civilianized in 2011. Exhibit 3, Aff. of Elisabeth Sutter ¶ 2. 3. Following the civilianization of the ATEU, no sworn officers were detailed to the ATEU on a full-duty permanent basis. Id. ¶ 3. 4. Following the civilianization of the ATEU, some sworn officers were detailed to the ATEU on a less-than-full-duty temporary basis. Id. ¶ 4. 5. Following the civilianization of the ATEU, Plaintiff was detailed to the Special Events Branch of the Special Operations Division on December 18, 2011. Compl. ¶ 10. Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 3 of 14 6. Plaintiff requested to be re-assigned to the ATEU and his request was denied for the stated basis that the ATEU was civilianized and that no sworn officers were detailed to the ATEU on a full-duty permanent basis. Exhibit 1, Robinson Dep. 31:11-15. 7. The ATEU offered overtime opportunities to sworn officers who were certified traffic enforcement operators through a program that was governed by General Order 303.10 (the “ATEU Overtime Program”). Exhibit 3, Aff. of Elisabeth Sutter ¶ 5. 8. The ATEU Overtime Program began in 2001 and concluded on May 16, 2015. Id. ¶ 6. 9. Plaintiff requested to participate in the ATEU Overtime Program in February 2014 and his request was denied on the stated basis that he did not meet the qualifications of a certified traffic enforcement operator. Exhibit 1, Robinson Dep. 20:22-21:10. 10. Plaintiff actually earned 525.75 overtime hours from the pay period ending February 8, 2016 through the pay period ending May 16, 2015. Exhibit 2, Aff. of Priya Mathews ¶ 6. 11. Sworn officers who participated in the ATEU Overtime Program from the pay period ending February 8, 2016 through the pay period ending May 16, 2015 earned an average of approximately 468.42 overtime hours. Id. ¶ 4. Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 4 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARK E. ROBINSON, ) ) Plaintiff, ) ) v. ) Case No. 1:15-cv-444 (RC) ) DISTRICT OF COLUMBIA, ) ) Defendant. ) ____________________________________) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendant the District of Columbia (the “District”), by and through undersigned counsel and pursuant to Fed. R. Civ. P. 56(c), moves for judgment on all remaining claims2 asserted by Plaintiff. In support, the District states the following. BACKGROUND On January 30, 2015, Plaintiff Mark Robinson filed the present Complaint in the D.C. Superior Court against the District of Columbia for monetary damages and equitable relief. The case was removed to this Court on March 26, 2015. Plaintiff alleges that he began working for the District of Columbia Metropolitan Police Department (“MPD”) in 1990, and was assigned to the Automated Traffic Enforcement Unit (“ATEU”) of the Special Operations Division of the Homeland Security Bureau in 2008. Compl. ¶ 8. He states that on December 18, 2011, he was detailed from the ATEU to the Special Events Branch of the Special Operations Division. Id. ¶ 10. Plaintiff claims that since February 2014, he has requested (1) to be re-assigned to the ATEU and (2) to participate in overtime opportunities that are available to certified traffic enforcement operators (“ATEU Overtime Program”). Id. ¶ 5. He originally asserted six claims 2 Plaintiff’s Complaint pled five counts. Counts Three and Four were dismissed by order of the Court on October 15, 2015. Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 5 of 14 (two of which are grouped under Count 5): discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII) (Count 1), retaliation under Title VII (Count 2), discrimination under 42 U.S.C. § 1981(a) (Count 3), retaliation under § 1981(a) (Count 4), discrimination under the D.C. Human Rights Act, D.C. Code § 2-1401.01 et seq. (Human Rights Act) (Count 5), and retaliation under the Human Rights Act (Count 5). On October 15, 2015, Counts 3 and 4 were dismissed, leaving only Plaintiff’s claims of racial discrimination and retaliation under federal and District of Columbia law. STANDARD OF REVIEW Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment “[s]hall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(c). The moving party in a motion for summary judgment bears the initial burden of identifying evidence that demonstrates that there is no genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). Once a movant has made this initial showing, the burden shifts to the opposing party to “come forward with specific facts showing that there is a genuine issue for trial.” Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574, 587 (1986). In other words, “once the movant has supported a summary judgment motion by evidence of particular events, the court may properly look to the nonmovant for rebuttal evidence either ‘from persons familiar with the events,’” or require “the nonmovant to ‘otherwise cast more than metaphysical doubt on the credibility of the testimony.’” Doe v. Gates, 981 F.2d 1316, 1323 (D.C. Cir. 1993) (quoting Bias v. Advance Int’l, Inc., 905 F.2d 1558, 1561 (D.C. Cir. 1990)). A trial court should enter Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 6 of 14 summary judgment against a nonmoving party who fails to make a showing sufficient to establish the existence of an element essential to his case, and on which the party will bear the burden of proof at trial. Celotex, 477 U.S. at 322. ARGUMENT Plaintiff’s discrimination and retaliation claims are governed by the familiar three-step, burden-shifting McDonnell Douglas test. McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). First, the plaintiff must establish a prima facie case of discrimination or retaliation. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142 (2000); Taylor v. Small, 350 F.3d 1286, 1292 (D.C. Cir. 2003). If the plaintiff states a prima facie case, then “the burden shifts to the employer to offer a ‘legitimate, nondiscriminatory reason’ for its action.” Taylor, 350 F.3d at 1292. If the employer satisfies its burden, the employee must then prove that the reason advanced by the employer constitutes mere pretext. Id. This analysis is essentially the same whether the claims of discrimination and retaliation are being asserted under Title VII or the District of Columbia Human Rights Act. Carpenter v. Fed. Nat’l Mortg. Ass’n, 165 F.3d 69, 72 (D.C. Cir. 1999). “In most employment discrimination cases that reach federal court, there is no dispute that the employee has suffered an adverse employment action, and the sole question is whether the action occurred because of discrimination.” See Baloch v. Kempthorne, 550 F.3d 1191, 1196 (D.C. Cir. 2008) (citing Adeyemi v. District of Columbia, 525 F.3d 1222, 1227 (D.C. Cir. 2008)). In this case, however, the District contests whether Plaintiff has established his prima facie case for either claim. See e.g., Baloch, 550 F.3d at 1196. As set forth below, the Court should grant summary judgment in the District’s favor because (1) Plaintiff cannot establish a prima facie claim for discrimination or retaliation, and (2) Plaintiff cannot establish that the District’s Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 7 of 14 legitimate, non-discriminatory reason for denying his request to be re-assigned to the ATEU was pretextual. I. The District is Entitled to Summary Judgment on Plaintiff’s Claims for Discrimination and Retaliation Because He Cannot Establish that He Suffered an Adverse Employment Action In his Complaint, Plaintiff alleges that he suffered adverse employment actions in two contexts: (1) since February 2014, Plaintiff’s requests to be re-assigned to the ATEU have been denied, and (2) since February 2014, Plaintiff’s requests for overtime opportunities in the ATEU Overtime Program have been denied. Compl. ¶¶ 5, 17. These alleged adverse employment actions form the basis of Plaintiff’s claims for discrimination and retaliation. Id. ¶¶ 20, 24, 32, 33. Because Plaintiff suffered no actual adverse employment action, he cannot establish a prima facie case for either discrimination or retaliation. “[T]he two essential elements of a discrimination claim are that (i) the plaintiff suffered an adverse employment action (ii) because of the plaintiff’s race, color, religion, sex, national origin, age, or disability.” Baloch, 550 F.3d at 1196. For a retaliation claim, a plaintiff must establish that he suffered (i) a materially adverse action (ii) because he or she had brought or threatened to bring a discrimination claim. Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 68, (2006). “An ‘adverse employment action’. . . is ‘a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing significant change in benefits.’” Taylor v. Small, 350 F.3d 1286, 1293 (D.C. Cir. 2003) (quoting Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998)); see also Forkkio v. Powell, 306 F.3d 1127, 1131 (D.C. Cir. 2002). Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 8 of 14 Plaintiff claims that he was discriminated and retaliated against when he was denied the lateral transfer of a re-assignment to the ATEU. Compl. ¶¶ 20, 24, 32, 33. A “lateral transfer” is not typically considered an adverse employment action unless the plaintiff can point to a tangible harm: [A] plaintiff who is made to undertake or who is denied a lateral transfer – that is, one in which she suffers no diminution in pay or benefits – does not suffer an actionable injury unless there are some other materially adverse consequences affecting the terms, conditions, or privileges of her employment or her future employment opportunities such that a reasonable trier of fact could conclude that the plaintiff has suffered objectively tangible harm. Mere idiosyncracies of personal preference are not sufficient to state an injury. Brown v. Brody, 199 F.3d 446, 457 (D.C.Cir. 1999). Not only has he failed to show that he suffered objectively tangible harm when he was denied re-assignment, Plaintiff has not even alleged any harm whatsoever. Plaintiff states in his Complaint that he is “eminently qualified to work [in the ATEU] because of his training, experience, and certifications.” Compl. ¶ 13. But while Plaintiff may believe that his skills and abilities would be better suited in a full-duty position in the ATEU, he makes no assertions that he was tangibly harmed by not being re- assigned to the ATEU. Indeed, Plaintiff appears to be asserting precisely the type of “[m]ere idiosyncrac[y] of personal preference” that the Court has found to not rise to the level of stating an injury. Brown, 199 F.3d at 457. Because Plaintiff cannot show that he suffered a tangible harm when his requests to be re-assigned to the ATEU were denied, he cannot show that he suffered an adverse employment action. Plaintiff also claims that he was discriminated and retaliated against when he was denied the opportunity to participate in the ATEU overtime program. Losing overtime opportunities is not automatically considered an adverse employment action because, as the Court has Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 9 of 14 recognized, “working overtime for supplementary pay is not universally regarded as desirable.” Bell v. Gonzales, 398 F.Supp.2d 78, 97 (D.D.C. 2005). In fact, the Court has previously stated that an employer forcing its employee to work overtime, even when the employee is being properly compensated, could constitute an adverse employment action when her employer. Dickerson v. SecTek, Inc., 238 F.Supp.2d 66, 76 n.5 (D.D.C. 2002). “[A] lost opportunity for overtime . . . is only an adverse employment action where the trier of fact could reasonably conclude that plaintiff in the past sought opportunities for overtime pay or it was otherwise known to defendant that plaintiff desired such opportunities.” Bell v. Gonzales, 398 F.Supp.2d 78, 97 (D.D.C. 2005). Unlike the plaintiff in Bell, Plaintiff cannot show that he suffered a tangible harm by not being allowed to participate in the ATEU overtime program, because from the pay period ending February 8, 2014 to the pay period ending May 16, 2015 Plaintiff actually earned almost 60 hours more than the average sworn officer participating in the ATEU Overtime Program. Exhibit 2, Aff. of Priya Mathews ¶ 4, 6. In his deposition, Plaintiff claimed, “I know potentially there are individuals that were working the [ATEU Overtime Program] that made 60 to maybe $80,000 addition to their salary in overtime.” Exhibit 1, Robinson Dep. 43:14-18. But in order to establish a prima facie case for discrimination and retaliation, Plaintiff must show a tangible harm, not a potential harm. Moreover, Plaintiff has not alleged or set forth any evidence that he requested more overtime opportunities outside of the ATEU Overtime Program and was denied. See Bell, 398 F.Supp.2d at 98. Because Plaintiff actually earned more overtime hours than the average sworn officer participating in the ATEU Overtime Program from February 2014 through May 2015, he cannot show that he suffered a tangible harm, and therefore he cannot show that he suffered an adverse employment action. Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 10 of 14 II. The District is Entitled to Summary Judgment on Plaintiff’s Claims of Discrimination and Retaliation as to the Denial of Plaintiff’s Request to be Reassigned to the ATEU Because There Was a Legitimate, Nondiscriminatory Reason for the District’s Actions. Plaintiff is unable to satisfy his “ultimate burden” of proving discriminatory intent. Ford Motor Co. v. EEOC, 458 U.S. 219, 224 (1982). According to the three-step burden-shifting analysis originally set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), once the plaintiff meets his prima facie burden, the burden shifts to the employer to "articulate a legitimate, clear, specific, and non-discriminatory reason" for its decision. Price Waterhouse v. Hopkins, 490 U.S. 228 (1989); McDonnell-Douglas, 411 U.S. at 802; Porter v. N.Y. State DMV, 78 Fed. Appx. 166, 168 (2d Cir. 2003). This burden is minimal.3 According to the D.C. Circuit, “It is enough for the defendants in the second phase of the case to bring forth evidence that they acted on a neutral basis. They do not have the burden of establishing that their basis was sound.” St. Peter v. Secretary of Army, 659 F.2d 1133, 1138 (D.C. Cir. 1981). Once the defendant satisfies this burden of production, the plaintiff must then present evidence that the defendant’s legitimate, nondiscriminatory reasons for its conduct were pretextual. According to the Supreme Court, in order to show pretext, a plaintiff must show that: (1) the articulated justification is pretextual, and (2) the real reason for the action was unlawful discrimination. St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 515 (1993) “[A] reason cannot be proved to be a ‘pretext for discrimination’ unless it is shown both that the reason was false, and that discrimination was the real reason.” Id.; Stewart v. Ashcroft, 211 F. Supp. 2d 166, 171 (D.D.C. 2002). See also Talavera v. Shah, 638 F.3d 303, 308 (D.C. Cir. 2011) (citing Brady v. 3 Throughout the development of its case law regarding employment discrimination, the D.C. Circuit repeatedly has emphasized that the courts should not substitute their managerial opinions for those of employers. “[T]he D.C. Circuit has recognized that courts ‘may not second-guess an employer’s personnel decisions absent demonstratively discriminatory motive.’” Richard v. Bell Atlantic Corp., 167 F. Supp. 2d. 34, 40 (D.D.C. 2001) (quoting Fishbach v. D.C. Dep’t of Corrections, 86 F.3d 1180, 1183 (D.C. Cir. 1996) (citing Milton v. Weinberger, 696 F.2d 94, 100 (D.C. Cir. 1982)); see Marshall v. Federal Express Corp., 130 F.3d 1095, 1100 (D.C. Cir. 1997). Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 11 of 14 Office of the Sergeant at Arms, 520 F. 3d 490, 494 (D.C. Cir. 2008)). While this burden-shifting mechanism is designed to ensure that a plaintiff’s claim will not be dismissed before he or she has had an opportunity to obtain discovery, the Supreme Court has emphasized that the "ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff." Ford Motor Co., 458 U.S. at 224. A plaintiff can show unlawful discrimination through either direct or circumstantial evidence. Dunaway v. Int’l Bd. of Teamsters, 310 F.3d 758, 763 (D.C.Cir. 2002). An example of direct evidence would be “a statement that itself shows a racial . . . bias in the decision. Vatel v. Alliance of Auto. Mfrs., 627 F.3d 1245, 1247 (D.C.Cir.2011). There is no direct evidence of discrimination in this case, so Plaintiff’s claims rest entirely on circumstantial evidence. In the instant case, even if the Court finds that Plaintiff has established a prima facie case for discrimination and retaliation as to the denial of Plaintiff’s Request to be Reassigned to the ATEU, the District is still entitled to summary judgment on that particular claim because it had a legitimate, nondiscriminatory reason for its action, and Plaintiff cannot show that this reason was pretextual. The District denied Plaintiff’s request to be re-assigned to the ATEU because the ATEU was civilianized in 2011, and after the civilianization, no sworn officers were assigned to full-duty positions in the ATEU. Exhibit 3, Aff. of Elisabeth Sutter ¶ 2, 3. Plaintiff claims that the District discriminated and retaliated against him when it denied his request for re-assignment to the ATEU, but the legitimate, nondiscriminatory reason for denying said request was that the ATEU was civilianized in 2011. Following the civilianization of the ATEU, no sworn officers were assigned to the ATEU on a full-duty permanent basis. Plaintiff has failed to raise a single specific piece of evidence that the District’s reason was pretextual. Plaintiff states in his Complaint that “MPD has never transformed the ATEU into a Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 12 of 14 civilian unit; instead, it has detailed sworn officers to the ATEU who have lower seniority than the Plaintiff and are less qualified than the Plaintiff to work within the ATEU.” Compl. ¶ 11. Plaintiff has failed to identify a single sworn officer who was re-assigned to full-duty in the ATEU. Furthermore, Plaintiff does not even claim that any alleged officers who were re- assigned to the ATEU were of a different race. Because Plaintiff had a legitimate, non-discriminatory reason for denying Plaintiff’s request for re-assignment to the ATEU, which Plaintiff cannot rebut, the District is entitled to summary judgment on that claim. CONCLUSION WHEREFORE, for the foregoing reasons, the District is entitled to summary judgment as to Plaintiff’s claims of discrimination and retaliation. December 9, 2016 Respectfully submitted KARL A. RACINE Attorney General for the District of Columbia GEORGE C. VALENTINE Deputy Attorney General Civil Litigation Division /s/ Michael K. Addo MICHAEL K. ADDO [1008971] Chief, Civil Litigation Division Section IV /s/ Philip A. Medley PHILIP A. MEDLEY [1010307] Assistant Attorney General 441 Fourth Street, N.W., Suite 630 South Washington, D.C. 20001 (202) 724-6626 (202) 741-5920 (fax) philip.medley@dc.gov Attorneys for Defendant Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 13 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARK E. ROBINSON, ) ) Plaintiff, ) ) v. ) Case No. 1:15-cv-444 (RC) ) DISTRICT OF COLUMBIA, ) ) Defendant. ) ____________________________________) ORDER Upon considering Defendant District of Columbia’s Motion for Summary Judgment, the Statement of Material Facts as to which There is No Genuine Issue, the Memorandum of Points and Authorities, any opposition thereto, and the entire record therein, it is this day of 2017, hereby ORDERED that the District of Columbia’s Motion for Summary Judgment is GRANTED; and it is further ORDERED that this matter is dismissed in its entirety WITH PREDJUDICE. HON. RUDOLPH CONTRERAS U.S. District Court for the District of Columbia Ken McPherson, Esq. Michael Addo, Esq. Philip Medley, Esq. Case 1:15-cv-00444-RC Document 19 Filed 12/09/16 Page 14 of 14 EXHIBIT 1 Case 1:15-cv-00444-RC Document 19-1 Filed 12/09/16 Page 1 of 7 Mark Robinson Mark Robinson v. District of Columbia 6/21/2016 Washington, D.C. Baltimore, MD Florida Olender Reporting, Inc. (888) 445-3376 WORLDWIDE 1 1 UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF COLUMBIA 3 - - - - - - - - - - - - - - -X 4 MARK E. ROBINSON, : 5 Plaintiff, : 6 vs. : Case No. 7 DISTRICT OF COLUMBIA, : 15-CV-0444(RC) 8 Defendants. : 9 - - - - - - - - - - - - - - -X 10 11 Washington, DC. 12 Tuesday, June 21, 2016 13 Deposition of: 14 MARK E. ROBINSON 15 called for examination in the above-entitled 16 matter, taken at the Office of the Attorney 17 General for the District of Columbia, 441 4th 18 Street Northwest, Suite 630N, Washington, DC, 19 20001, at 10:00 a.m., before Ashleigh Simmons, 20 Court Reporter and Notary Public in and for the 21 District of Columbia. 22 Case 1:15-cv-00444-RC Document 19-1 Filed 12/09/16 Page 2 of 7 Mark Robinson Mark Robinson v. District of Columbia 6/21/2016 Washington, D.C. Baltimore, MD Florida Olender Reporting, Inc. (888) 445-3376 WORLDWIDE 8 1 A No. 2 Q Okay. Okay. Could you state your name? 3 A Mark Robinson. 4 Q All right. And your home address? 5 A It's 10402 Stone Pine Avenue, that's 6 Waldorf, Maryland, 20603. 7 Q Okay. And who is your current employer? 8 A The Metropolitan Police Department. 9 Q Okay. And how long have you been 10 employed there? 11 A For 26 years. 12 Q And what is your current job title and 13 duties? 14 A I'm a sergeant assigned to the Automated 15 Traffic Enforcement Unit, and I'm currently 16 detailed to Specialized Enforcement Unit. 17 Q Okay. And that unit, could you expand 18 upon what that unit is within, in terms of the 19 structure of -- 20 A It's within Homeland Security, Special 21 Operations Division. 22 Q Okay. Do you supervise any individuals? Case 1:15-cv-00444-RC Document 19-1 Filed 12/09/16 Page 3 of 7 Mark Robinson Mark Robinson v. District of Columbia 6/21/2016 Washington, D.C. Baltimore, MD Florida Olender Reporting, Inc. (888) 445-3376 WORLDWIDE 20 1 were some other individuals that witnessed 2 Sergeant Keith Blakely actually doing those ride- 3 alongs, actually working in the cars. And they 4 wrote to the same program manager. One 5 individual had been put out of the program 6 himself, and so he learned that Sergeant Keith 7 Blakely was working after a considerable amount 8 of time. Definitely beyond the 12-month 9 requirement, and he was allowed to work, and he 10 expressed this individual wanted to work himself, 11 and sent an e-mail. 12 I do know that another individual inquired, 13 so is the program now allowing people that have 14 been out of the program for 12 months to 15 participate in the program? Myself, I've asked 16 in 2011 when I was removed. I've asked in 2012. 17 I've asked in 2013. I've asked in 2014. I've 18 asked in 2015, can I be returned to the Automated 19 Traffic Enforcement Unit. I asked, can I begin 20 to work in the Automated Traffic Enforcement 21 Program. 22 The department told me, by way of an e-mail, Case 1:15-cv-00444-RC Document 19-1 Filed 12/09/16 Page 4 of 7 Mark Robinson Mark Robinson v. District of Columbia 6/21/2016 Washington, D.C. Baltimore, MD Florida Olender Reporting, Inc. (888) 445-3376 WORLDWIDE 21 1 that I was not eligible because I have not -- I 2 did not deploy a car, a radar car, in six months. 3 I explained to the agency that the six-month 4 prerequisite only deals with persons that have 5 been newly trained, meaning that they have just 6 taken the radar class, and they have the two 7 months -- I'm sorry, six months, to come and do 8 their ride-alongs with a certified operator so 9 that they can become proficient and work on their 10 own. 11 I explained to the agency that that 12 prerequisite does not apply to me. I am a 13 certified radar instructor and operator. I have 14 trained everyone that is certified under the 15 Metropolitan Police Department to operate all 16 aspects of the photo radar. The photo radar 17 cars, the photo radar fixed installations, and 18 that did not apply to me. 19 And I said, what would apply to me would be 20 the 12-month period. But I did ask before that 21 time expired, to be allowed to participate in an 22 Automated Traffic Enforcement program, and I was Case 1:15-cv-00444-RC Document 19-1 Filed 12/09/16 Page 5 of 7 Mark Robinson Mark Robinson v. District of Columbia 6/21/2016 Washington, D.C. Baltimore, MD Florida Olender Reporting, Inc. (888) 445-3376 WORLDWIDE 31 1 February. May have asked in August. I don't 2 know. 3 Q Sorry. February of what year? 4 A February of 2015. 5 Q Okay. 6 A I may have asked again. But I know I've 7 asked a few times since April 2014. 8 Q Okay. Were you -- you may have 9 referenced this earlier. What response did you 10 receive each time you made those requests? 11 A The response the agency told me was that 12 I could not return to my unit, that I was not 13 eligible, and that the agency had made a decision 14 to civilianize the Automated Traffic Enforcement 15 Unit. 16 Q Okay. Now, what specific facts led you 17 to the conclusion that you were discriminated 18 against based on your gender since February of 19 2014? 20 A The fact that I'm a black male and I 21 wasn't allowed to return to my unit. But they 22 allowed the white male to return and teach. Case 1:15-cv-00444-RC Document 19-1 Filed 12/09/16 Page 6 of 7 Mark Robinson Mark Robinson v. District of Columbia 6/21/2016 Washington, D.C. Baltimore, MD Florida Olender Reporting, Inc. (888) 445-3376 WORLDWIDE 43 1 2014 how much overtime you may have worked? 2 A I cannot. 3 Q Okay. Do you have any idea on a weekly 4 basis how much you might get, or on a monthly 5 basis? 6 A On a weekly basis, maybe four hours. 7 Sometimes six. Maybe 12. 8 Q Okay. 9 A It depends. 10 Q Okay. What are your damages in this 11 case? 12 A With the Automated Traffic Enforcement 13 Unit you had the opportunity -- I had the 14 opportunity to work every day if I chose to. I 15 know potentially there are individuals that were 16 working the automated traffic program that made 17 60 to maybe $80,000 addition to their salary in 18 overtime. 19 I think I averaged maybe 40, 50, to $60,000 20 in overtime compensation. 21 Q For what time period? 22 A From -- you're talking about for the -- Case 1:15-cv-00444-RC Document 19-1 Filed 12/09/16 Page 7 of 7 EXHIBIT 2 Case 1:15-cv-00444-RC Document 19-2 Filed 12/09/16 Page 1 of 12 Case 1:15-cv-00444-RC Document 19-2 Filed 12/09/16 Page 2 of 12 Case 1:15-cv-00444-RC Document 19-2 Filed 12/09/16 Page 3 of 12 ATEU Overtime Program Hours Earned by Sworn Officers from February 8, 2014 to May 16, 2015 MEMBER TOTAL HOURS AI, WEN 30 ALDER, ROBERT W 88 ALEXANDER, LASHAUN A 819 ALLEN, DONNA L 847 ALLEN, DONTE' J 69 ALSTON, STEPHEN B 664 AMOS, RICARDO N 10 ANDERSON, DWONN L 574 ANDRIANI, LANCE C 494.5 ARTIS, SHARRON M 348 AUSTIN, JOSEPH A 254.5 AUSTIN‐LOVE, ALEXIA L 258 BA TH, MIKAL H 714 BAILEY WILLIAMS, SAN J 32 BARNES SHELTON, BARBARA A 24 BARNES TUTT, CHARLES 1356 BASS, PAMELA D 744.5 BEDLION, DUNCAN C 371 BESLOW, CRYSTAL A 190 BEST, TYRONE D 64 BLAKELY, KEITH E 8 BOARMAN, DAVID C 741 BODDIE, MARCUS G 698.5 BOLDING, JUSTIN N 24 BOWER, JOI M 34.5 BRANCH, JOHNATHAN W 19 BRATCHER, DARLENE C 973 BROUGHTON, DARANETTE 640 BROUGHTON, DARREN F 64 BROWN JR., FRANK M 322.5 BRUCE, LONNIE D 374 BRYANT JR., ALTON 416 BURGESON, RONALD B 1276 BUTLER, KIMBERLY T 680.5 CABILLO, JOSEPH R 884.5 CACERES, JUAN J 17.5 CADY, JARLATH A 8 CAMPBELL, TARA F 166.5 CANNON III, LEO 160 CAREY, CANDICE D 229.5 CARPENTER, KENNETH C 560 CARTAGENA, LUIS D 577.5 CARTER, KIMBERLY A 1129 CARTER, RICHARD D 8 CHESTER JR., GEORGE C 80 CHUMBRIS, WILLIAM D 66 Case 1:15-cv-00444-RC Document 19-2 Filed 12/09/16 Page 4 of 12 ATEU Overtime Program Hours Earned by Sworn Officers from February 8, 2014 to May 16, 2015 MEMBER TOTAL HOURS CLARK, DEBBIE C 198 CLARK, KANDEE A 31.5 CLEMENCIA, COLETTE C 200 COLEMAN, MONICA Y 112 COWAN, TIFFANI D 335.5 COWARD III, LLOYD L 276 CRAIG, TERRENCE K 6.5 CRAWFORD, VAN L 707 CULLEN, JOSEPH P 585.5 CUNNINGHAM, WENDELL J 1650 DAVIS III, WILBERT W 160 DAVIS KENNIE, LESLIE 60 DAVIS, ALLISON 176 DAVIS, DERRICK K 392.25 DAWIDOWICZ, ANDREW M 180 DEOLEO, HECTOR M 552 DEPERALTA, VICTOR J 8 DEROO, ANNE C 208 DICKERSON, CHANEL D 934 DIONICIO, RAFAEL I 42 DIPASQUALE, CHRISTOPHER S 437.5 DORTCH‐JONES, ERICA 438.5 DUCLOS, FREDDIE 1439 DYKES, JAMES B 483 ELLIOTT, LARRY 40 EVANS, SCOTTIE 864 EVANS, TIMOTHY E 414.5 FARR, WILLIAM J 19 FELDER, TERRENCE S 848.5 FERSNER, LARRY D 1363.25 FIELDS III, JAMES A 927.5 FITCH III, JOHN J 367 FOWLER, EDDIE G 563.5 FOX, SHERI A 437 FRENZEL, PETER J 103 FROST, GREGORY A 264 GARIBAY, LUIS E 42.5 GARIBAY, OSCAR U 12 GARVIN, DARNELL M 1062 GARY, SHEILA 409.5 GIBBS, KENNETH M 883.5 GILES, TONY 1883.5 GRAY, GEORGE C 16 GREENE, ANTHONY E 744 GUTHERIE, SCOTT W 594.5 HAAMID, TRACY V 86.5 Case 1:15-cv-00444-RC Document 19-2 Filed 12/09/16 Page 5 of 12 ATEU Overtime Program Hours Earned by Sworn Officers from February 8, 2014 to May 16, 2015 MEMBER TOTAL HOURS HAKIR, ZUNNOBIA B 16.75 HAMPTON, SILVESTER 1403 HANCOCK JOYNER, COURTNEY 416 HARRIS, ADRIAN W 251 HARRIS, DEXTER T 8 HARRIS, EUGENE G 39.75 HARRIS, KEVIN L 8.5 HARRISON, ANDRE L 1852.5 HARRISON, MICHAEL D 24 HART, COURTNEY X 132 HART, LASHONDA S 238 HARVEY, MICHAEL A 2074.5 HASKIS, DARREN 500.75 HAWKINS IV, WALTER H 533 HEATH, LATOYIA M 1025.5 HEYWARD, KORI A 4 HIBBARD, GREGORY S 566 HILLIARD, CARLOS V 16 HINES JR., BOOKER T 595.5 HOLLOMAN, SYLVIA S 23 HOLLOWAY, ELIZABETH F 388 HOLMES, WILLIAM A 327.5 HOWARD, LAMUMBA 8 HUGHES, CORINNE 856.5 HULL, RONALD G 1125 HUNT, STACIE A 132.25 IBRAHIM, MOHAMED A 392 IRACKS, RICARDO F 1 JACKSON JR., ERIC L 1328 JACKSON, KENYA L 141.5 JELKS, DAVID E 505 JEVRIC, ENIS 578.5 JOHNSON JR., MORRIS E 889 JOHNSON, DAVID E 40 JOHNSON, JAMES K 8 JOHNSON, KENNETH R 1007 JOHNSON, LEON D 1951.5 JONES WARREN, LASHON 5 JONES, DAREN R 748 JONES, DWIGHT D 592 JONES, GREGORY D 192 JONES, JEFFREY M 860 JONES, MICHAEL T 8 JONES, TRACY H 8 JOYNER, CHRIS A 64.5 KELLY, WILLIAM B 1790 Case 1:15-cv-00444-RC Document 19-2 Filed 12/09/16 Page 6 of 12 ATEU Overtime Program Hours Earned by Sworn Officers from February 8, 2014 to May 16, 2015 MEMBER TOTAL HOURS KELSEY JR., JOHN H 421 KEMP, AVONNIE H 253 KING, BRIDGETTE C 8 KING, DERRICK A 796 KNIGHT, FRED L 296 KNIGHT, TABATHA R 1095.75 KNUTSEN, JOHN R 33 LASLEY, RODNEY K 39 LAWRENCE III, WILLIE 294.5 LAWRENCE, TAMMY L 1335.5 LEE, ALICE 30.5 LEE, TONIERE L 4 LEFTWICH, JANINE C 16 LYNCH, MONA Y 1174.5 LYTLE, ALVIN B 1385 MABLE, ANTHONY D 537.5 MACK, CRAIG D 8.5 MACK, KENNETH W 735.5 MALLORY, BENJAMIN J 16 MALLOY, DARREN C 685 MANCUSO, BRYAN M 144 MARCUS, DARREN R 527.5 MARSHALL, CHARLES E 15 MARTINEZ, CONFESOR 1024.5 MASON, ANTOINETTE L 56 MAUPIN, YVETTE D 56 MAYBERRY, JANINE D 375 MCABEE, KEITH A 100 MCCAMBRY, JAMES B 368 MCCRAE, SHERRY L 669 MCDAVID, MARC 232 MCKINNON, DWIGHT 426 MCLAUGHLIN, SEAN D 1537.5 MCNEILL, JAMES R 247 MCNEILL, LYNDA V 48 MERCEDES‐MATOS, NANCY E 163 MILLER, EDWARD A 358 MINOR, JAMES D 232.5 MINOR, MICHAEL E 8 MITCHELL, LINDA R 335.5 MORGAN III, SAMUEL J 1056 MOYE, ANTHONY L 75.5 MUNDLE JR., WINFRED R 288 MURCHISON JR., LARRY E 20 NASH, VERNON C 48 NEWBOLD, JEFFREY I 1024.5 Case 1:15-cv-00444-RC Document 19-2 Filed 12/09/16 Page 7 of 12 ATEU Overtime Program Hours Earned by Sworn Officers from February 8, 2014 to May 16, 2015 MEMBER TOTAL HOURS NEWTON, DERICK V 2761 NOBRIGA, LEE R 31.5 NORRIS, VINCENT E 750 OBRYANT, GEORGE F 531.5 OCONNOR, WILLIAM D 1189.5 OSBORNE, DOUGLAS R 152 OSUMAH, JAFARU A 229.5 PAGAN, CARMEN M 79 PARKER, MARVIN Q 1004 PARKER, ROBERT L 948.5 PETTEGRUE, KAREEM A 1352 PHILLIP, DERECK M 779.5 POLLOCK, GERTHALINE A 998 PONGRATZ, JONATHON D 522.5 PORTER, FRANKLIN J 1478.5 POWELL, REGINALD L 554.5 POWELL, TIJUANA Y 808 PRATT, MICHAEL L 340.5 PRICE, DARRYL A 1685.5 PROCTOR, MICHAEL A 352 PROCTOR, TOPAZ L 16 QUEEN, DAVID A 697 QUINLAN, JOSEPH W 662.5 RAGIN, HOWARD T 829.5 RICE, BERTHA L 4 RICE, KEVIN S 76 RICHMOND, DARRYL R 1487.5 RIOS, PEDRO 157.5 ROBERSON, SHERON L 23.5 ROBERTS, KERRON A 9.5 ROBERTS, SHERMAN S 16 ROBINSON, JENELL T 368 ROBINSON, JOHN R 1080 ROBINSON, JUNELDA 74 ROCK, LUDOVICK P 399 RODRIGUEZ, JOSE E 54 ROSS, DARRICK O 689.5 SAMELS, HOGAN R 8 SAUNDERS, RICHARD A 32 SCHAEFER, JAMES M 40 SCRUGGS JR., JESSE T 614 SEKHON, CHARANDIP S 112 SEPULVEDA, GIOVANNY 924 SIMMS, DANIEL A 119 SINGH, PARMINDER 48 SLAUGHTER, MARCIA L 4 Case 1:15-cv-00444-RC Document 19-2 Filed 12/09/16 Page 8 of 12 ATEU Overtime Program Hours Earned by Sworn Officers from February 8, 2014 to May 16, 2015 MEMBER TOTAL HOURS SMALLS, ANITA L 567 SMALLWOOD, ANDRE L 1 SMITH JR., CHARLES 1427.5 SMITH, ANTHONY 310.5 SMITH, DION A 763 SMITH, JEFFREY D 1625 SMITH, MARCUS A 1038 SPRIGGS, DANA Q 16 STEVENS, MOCTE'MA 149.5 STURGIS, MICHELLE 143.5 SULLA, JAMES R 48 SWINSON, TONDELAYA M 513.5 TABOR JR., WILLIE F 352.5 TAYLOR, ETHEL J 416 TERRELL, MICHAEL L 590.5 THOMAS JR., GEORGE E 80 THOMAS, JUANITA D 871 THOMPSON, JIMMIE L 1174 TIDLINE, YVONNE C 278 TIEMANN, MEGAN J 8 TOLSON, KEVIN M 329 TORRES, ORLANDO 434 TREADWELL, ADRIAN D 181.5 TRUONG, TY 40 TYLER WILLS, LISA Y 544 TYLER, LINDSAY M 32 URPS, STEVE E 104 VENABLE, CRYSTAL D 48.5 VINES, MOSES E 252 WADE, FREDERICK A 1452 WALLS, TONI S 16 WATSON II, ALVES E 1640 WEEKS JR., CHARLES E 354 WEST, RICHARD G 105 WHITE, ANTHONY D 440 WILLIAMS, DEJUAN S 40 WILLIAMS, JEFFREY 455 WILLIAMS, MARVIN A 1154 WILLIAMS, SARITA S 472 WILLIAMS, SHYNITA V 1120.5 WILLIS, CALVIN 152 WOODARD, CHARLES L 8 WOODLAND, MELICIA T 249 WRIGHT TAYLOR, CHERYL 1130 YATES III, JAMES H 152 YELVERTON, HAZEL D 381 Case 1:15-cv-00444-RC Document 19-2 Filed 12/09/16 Page 9 of 12 ATEU Overtime Program Hours Earned by Sworn Officers from February 8, 2014 to May 16, 2015 MEMBER TOTAL HOURS YOON, SE YOUNG 40 YOUNG JR., GEORGE E 1211.5 YOUNG, DAVID F 189.5 ZABAVSKY, ANDREW A 1027 AVERAGE 468.41875 Case 1:15-cv-00444-RC Document 19-2 Filed 12/09/16 Page 10 of 12 Sergeant Mark Robinson Overtime Hours Earned from February 8, 2014 to May 16, 2015 Name CAD ID PPSFT ID Group Rank Grade Bureau District Sector Section Squad Pay Period Date Home Assignment Assignment Type Start Time End Time Hours Auth Code Docket Num Proc Type Appr Type Hourly Salary Salary Rate Comments ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 2/22/2014 2/11/2014 EVENT SGT EVENT SGT O/T 15:00 22:00 7 RESCORTS14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 2/22/2014 2/12/2014 EVENT SGT EVENT SGT O/T 15:00 19:30 4.5 RESCORTS14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/8/2014 2/28/2014 EVENT SGT EVENT SGT O/T 14:00 20:00 6 RFPT030814 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/8/2014 3/1/2014 EVENT SGT EVENT SGT O/T 14:00 23:00 9 RFPT030814 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/8/2014 3/6/2014 SQ SGT SQ SGT O/T 18:00 19:00 1 DCNTSOD14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/22/2014 3/18/2014 EVENT SGT EVENT SGT O/T 18:00 19:30 1.5 RFPT032214 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/5/2014 3/26/2014 EVENT SGT EVENT SGT O/T 2:00 4:00 2 D7DCRIME14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/5/2014 3/27/2014 EVENT SGT EVENT SGT O/T 2:00 4:00 2 D7DCRIME14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/5/2014 3/28/2014 EVENT SGT EVENT SGT O/T 2:00 4:00 2 D7DCRIME14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/5/2014 3/29/2014 EVENT SGT EVENT SGT O/T 2:00 4:00 2 D7DCRIME14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/5/2014 3/30/2014 DAY OFF EVENT SGT O/T 2:00 4:00 2 D7DCRIME14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/19/2014 4/9/2014 EVENT SGT EVENT SGT O/T 15:00 19:30 4.5 EPSVPOUS14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/19/2014 4/10/2014 EVENT SGT EVENT SGT O/T 14:00 23:00 9 RESCORTS14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/19/2014 4/11/2014 EVENT SGT EVENT SGT O/T 14:00 16:30 2.5 RESCORTS14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/19/2014 4/12/2014 EVENT SGT EVENT SGT O/T 14:00 16:30 2.5 RDET142694 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/3/2014 5/1/2014 EVENT SGT EVENT SGT O/T 18:00 20:30 2.5 DCNTSOD14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/3/2014 5/3/2014 EVENT SGT EVENT SGT O/T 14:00 17:00 3 DCNTSOD14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/17/2014 5/6/2014 EVENT SGT EVENT SGT O/T 15:00 20:00 5 DCNTSOD14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/31/2014 5/23/2014 EVENT SGT EVENT SGT O/T 14:00 20:30 6.5 EPSVPOUS14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/31/2014 5/24/2014 EVENT SGT EVENT SGT O/T 14:00 16:30 2.5 DCNTSOD14 47.90$ 92,387.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 6/14/2014 6/4/2014 EVENT SGT EVENT SGT O/T 15:00 16:00 1 EPSVPOUS14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 6/14/2014 6/5/2014 EVENT SGT EVENT SGT O/T 14:00 16:30 2.5 DCNTSOD14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 6/28/2014 6/21/2014 EVENT SGT EVENT SGT O/T 14:00 18:00 4 DCNTSOD14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 6/28/2014 6/25/2014 EVENT SGT EVENT SGT O/T 14:00 23:00 9 RESCORTS14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 6/28/2014 6/26/2014 EVENT SGT EVENT SGT O/T 14:00 18:30 4.5 RESCORTS14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 7/12/2014 7/11/2014 EVENT SGT EVENT SGT O/T 14:00 15:30 1.5 DCNTSOD14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 7/26/2014 7/16/2014 EVENT SGT EVENT SGT O/T 14:00 16:00 2 DCNTSOD14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 7/26/2014 7/17/2014 EVENT SGT EVENT SGT O/T 14:00 15:30 1.5 DCNTSOD14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 7/26/2014 7/23/2014 EVENT SGT EVENT SGT O/T 15:00 16:30 1.5 DCNTSOD14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 8/9/2014 7/31/2014 EVENT SGT EVENT SGT O/T 15:00 17:00 2 RFPT080914 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 8/9/2014 8/2/2014 EVENT SGT EVENT SGT O/T 14:00 18:00 4 EPSFAFRI14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 8/9/2014 8/3/2014 DAY OFF EVENT SGT O/T 8:30 17:00 8.5 EPSFAFRI14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 8/9/2014 8/4/2014 DAY OFF EVENT SGT O/T 5:30 17:00 11.5 EPSFAFRI14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 8/9/2014 8/5/2014 EVENT SGT EVENT SGT O/T 14:00 19:00 5 EPSFAFRI14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 8/9/2014 8/6/2014 EVENT SGT EVENT SGT O/T 13:00 23:00 10 EPSFAFRI14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 8/9/2014 8/7/2014 EVENT SGT EVENT SGT O/T 15:00 17:00 2 EPSFAFRI14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 8/9/2014 8/8/2014 EVENT SGT EVENT SGT O/T 13:00 18:00 5 EPSFAFRI14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 8/9/2014 8/9/2014 EVENT SGT EVENT SGT O/T 15:00 17:00 2 DCNTSOD14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 9/20/2014 9/11/2014 EVENT SGT EVENT SGT O/T 14:30 19:30 5 RFPT092014 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 9/20/2014 9/16/2014 EVENT SGT EVENT SGT O/T 14:00 15:00 1 DCNTSOD14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 9/20/2014 9/17/2014 EVENT SGT EVENT SGT O/T 14:00 17:00 3 RFPT092014 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 9/20/2014 9/17/2014 EVENT SGT EVENT SGT O/T 17:00 22:30 5.5 RESCORTS14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 9/20/2014 9/18/2014 EVENT SGT EVENT SGT O/T 14:00 18:00 4 RFPT092014 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 9/20/2014 9/19/2014 EVENT SGT EVENT SGT O/T 14:00 16:45 2.75 RFPT092014 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 10/4/2014 9/25/2014 EVENT SGT EVENT SGT O/T 14:00 18:00 4 DCNTSOD14 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 10/4/2014 9/26/2014 EVENT SGT EVENT SGT O/T 14:00 19:30 5.5 RFPT093014 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 10/4/2014 9/27/2014 EVENT SGT EVENT SGT O/T 14:00 22:30 8.5 RFPT093014 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 10/4/2014 9/29/2014 DAY OFF EVENT SGT O/T 12:00 17:30 5.5 RFPT093014 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 10/4/2014 9/30/2014 EVENT SGT EVENT SGT O/T 13:30 20:00 6.5 RFPT093014 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 10/4/2014 10/2/2014 EVENT SGT EVENT SGT O/T 14:00 21:00 7 RFPT100414 49.81$ 96,082.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 10/18/2014 10/6/2014 DAY OFF EVENT SGT O/T 14:30 19:30 5 RFPT101814 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 10/18/2014 10/17/2014 EVENT SGT EVENT SGT O/T 14:00 16:00 2 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 10/18/2014 10/18/2014 EVENT SGT EVENT SGT O/T 14:00 20:00 6 EPSVPOUS15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 11/1/2014 10/31/2014 EVENT SGT EVENT SGT O/T 13:30 17:00 3.5 RFPT110114 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 11/15/2014 11/5/2014 EVENT SGT EVENT SGT O/T 14:00 16:00 2 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 11/15/2014 11/8/2014 EVENT SGT EVENT SGT O/T 14:00 15:30 1.5 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 11/15/2014 11/10/2014 DAY OFF EVENT SGT O/T 11:30 20:00 8.5 RDET151576 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 11/15/2014 11/11/2014 HOLIDAY EVENT SGT O/T 13:00 17:00 4 RDET151581 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 11/29/2014 11/23/2014 DAY OFF EVENT SGT O/T 13:30 22:00 8.5 EPSF112314 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 11/29/2014 11/24/2014 DAY OFF EVENT SGT O/T 11:30 2:00 14.5 EPSF112314 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 11/29/2014 11/25/2014 EVENT SGT EVENT SGT O/T 14:00 15:00 1 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 11/29/2014 11/26/2014 EVENT SGT EVENT SGT O/T 14:30 18:00 3.5 RFPT112914 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 11/29/2014 11/29/2014 EVENT SGT EVENT SGT O/T 14:00 16:30 2.5 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/1/2014 DAY OFF EVENT SGT O/T 5:30 13:00 7.5 EPSVPOUS15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/1/2014 DAY OFF EVENT SGT O/T 13:00 19:00 6 RESCORTS15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/2/2014 EVENT SGT EVENT SGT O/T 14:00 21:00 7 RFPT121314 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/3/2014 EVENT SGT EVENT SGT O/T 14:00 18:00 4 RFPT121314 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/4/2014 EVENT SGT EVENT SGT O/T 14:00 23:00 9 RFPT121314 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/5/2014 EVENT SGT EVENT SGT O/T 13:30 14:30 1 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/6/2014 EVENT SGT EVENT SGT O/T 13:30 17:30 4 DCNTSOD15 51.31$ 98,965.00$ Case 1:15-cv-00444-RC Docu ent 19-2 Filed 12/09/16 Page 11 of 12 Sergeant Mark Robinson Overtime Hours Earned from February 8, 2014 to May 16, 2015 Name CAD ID PPSFT ID Group Rank Grade Bureau District Sector Section Squad Pay Period Date Home Assignment Assignment Type Start Time End Time Hours Auth Code Docket Num Proc Type Appr Type Hourly Salary Salary Rate Comments ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/9/2014 EVENT SGT EVENT SGT O/T 13:30 14:30 1 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/10/2014 EVENT SGT EVENT SGT O/T 13:30 16:30 3 RFPT121314 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/12/2014 EVENT SGT SQ SGT O/T 13:30 14:30 1 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/13/2014 12/13/2014 EVENT SGT SQ SGT O/T 13:30 18:30 5 EPSF120314 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 12/27/2014 12/19/2014 EVENT SGT EVENT SGT O/T 14:00 19:00 5 EPSF120314 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 1/24/2015 1/19/2015 HOLIDAY EVENT SGT O/T 14:00 15:00 1 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 1/24/2015 1/20/2015 DAY OFF EVENT SGT O/T 13:30 23:30 10 RFPT012415 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 1/24/2015 1/22/2015 MOTOR SGT MOTOR SGT O/T 14:00 19:00 5 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 1/24/2015 1/23/2015 EVENT SGT EVENT SGT O/T 13:00 14:00 1 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 2/7/2015 1/26/2015 DAY OFF EVENT SGT O/T 5:30 17:30 12 RESCORTS15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 2/7/2015 1/28/2015 EVENT SGT EVENT SGT O/T 14:00 18:30 4.5 RFPT020715 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/7/2015 2/23/2015 EVENT SGT EVENT SGT O/T 13:00 15:30 2.5 RFPT030715 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/7/2015 2/24/2015 EVENT SGT EVENT SGT O/T 14:00 15:00 1 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/7/2015 2/27/2015 EVENT SGT EVENT SGT O/T 14:00 19:30 5.5 RFPT030715 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/7/2015 3/2/2015 DAY OFF EVENT SGT O/T 13:00 21:00 8 RESCORTS15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/7/2015 3/3/2015 EVENT SGT EVENT SGT O/T 13:00 19:00 6 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/7/2015 3/5/2015 EVENT SGT EVENT SGT O/T 13:00 17:30 4.5 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/21/2015 3/9/2015 DAY OFF EVENT SGT O/T 7:30 13:00 5.5 RFPT032115 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 3/21/2015 3/14/2015 EVENT SGT EVENT SGT O/T 14:00 23:30 9.5 RFPT032115 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/4/2015 3/23/2015 DAY OFF EVENT SGT O/T 11:00 16:00 5 RFPT040415 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/4/2015 3/24/2015 EVENT SGT EVENT SGT O/T 5:30 12:30 7 RESCORTS15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/4/2015 4/3/2015 EVENT SGT EVENT SGT O/T 14:00 18:00 4 RFPT040415 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/18/2015 4/6/2015 EVENT SGT EVENT SGT O/T 14:00 21:00 7 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/18/2015 4/7/2015 EVENT SGT EVENT SGT O/T 14:00 17:30 3.5 RFPT041815 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/18/2015 4/14/2015 EVENT SGT EVENT SGT O/T 13:00 23:00 10 RESCORTS15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/18/2015 4/15/2015 EVENT SGT EVENT SGT O/T 13:00 20:00 7 RESCORTS15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/18/2015 4/16/2015 HOLIDAY EVENT SGT O/T 13:00 21:00 8 EPSVPOUS15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 4/18/2015 4/17/2015 EVENT SGT EVENT SGT O/T 13:00 15:00 2 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/2/2015 4/23/2015 EVENT SGT EVENT SGT O/T 14:00 19:30 5.5 RFPT050215 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/2/2015 4/24/2015 EVENT SGT EVENT SGT O/T 14:00 16:30 2.5 RFPT050215 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/2/2015 4/25/2015 EVENT SGT EVENT SGT O/T 14:00 0:00 10 RFPT050215 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/2/2015 4/28/2015 EVENT SGT EVENT SGT O/T 14:00 19:00 5 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/2/2015 4/29/2015 EVENT SGT EVENT SGT O/T 14:00 22:00 8 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/2/2015 5/1/2015 EVENT SGT EVENT SGT O/T 14:00 0:00 10 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/2/2015 5/2/2015 EVENT SGT EVENT SGT O/T 14:00 20:30 6.5 DCNTSOD15 51.31$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/16/2015 5/12/2015 EVENT SGT EVENT SGT O/T 14:00 22:00 8 RESCORTS15 53.17$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/16/2015 5/13/2015 EVENT SGT EVENT SGT O/T 15:00 21:00 6 RESCORTS15 53.17$ 98,965.00$ ROBINSON, MARK E 004220 00022893 2 SGT 4 SS SOD EVENT B 5/16/2015 5/14/2015 EVENT SGT EVENT SGT O/T 14:00 20:00 6 RESCORTS15 53.17$ 98,965.00$ TOTAL 525.75 Case 1:15-cv-00444-RC Docu ent 19-2 Filed 12/09/16 Page 12 of 12 EXHIBIT 3 Case 1:15-cv-00444-RC Document 19-3 Filed 12/09/16 Page 1 of 3 Case 1:15-cv-00444-RC Document 19-3 Filed 12/09/16 Page 2 of 3 Case 1:15-cv-00444-RC Document 19-3 Filed 12/09/16 Page 3 of 3