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Topic: Consent decree


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In the News (Sat 19 Dec 09)

  
  Consent Decree Overview
A consent decree is an agreement between involved parties submitted in writing to a court.
The Consent Decree is intended to promote police integrity within the Department and prevent conduct that deprives individuals of their rights, privileges, or immunities protected by the Constitution of the United States.
On November 2, 2000, the City Council and the Mayor approved the Consent Decree negotiated between the City and the DOJ.
www.lapdonline.org /inside_lapd/cd/consent_decree.htm   (771 words)

  
 FDIC: Approved Consent Decree
The Consent Decree does not constitute, is not intended to constitute, and shall not under any circumstances be deemed to constitute, an admission by either party as to the merits, validity, or accuracy, or lack thereof, of any of the allegations or claims in This Case.
This Consent Decree is a contract and shall, upon approval by the Court, also constitute an order of the Court, and all of its provisions shall be enforceable by the parties and as an order of the Court (subject to the terms set forth in Section V of this Decree regarding Enforcement).
At the time this Consent Decree is submitted to the Court, the parties each agree to recommend to the Court that it is fair, reasonable, and adequate to the Class as a whole, within the meaning of that phrase contemplated by Rule 23(e) of the Federal Rules of Civil Procedure.
www.fdic.gov /about/diversity/consent/consent_decree.html   (8927 words)

  
 Consent Decree-Chicago District Council   (Site not responding. Last check: 2007-11-02)
E. The parties agree that one of the purposes of this Consent Decree is to ensure that the affairs of the CLDC and its affiliated entities should be maintained and conducted in a democratic fashion, with integrity, for the sole benefit of its members and without unlawful outside influence;
Decree to supervise implementation of this Consent Decree and shall have exclusive jurisdiction to decide any and all issues arising under the Consent Decree, and any and all disputes growing out of the interpretation or application of this Consent Decree until further order of this Court.
Decree is granted to the Adjudications officer, that authority is also delegated to personnel hired or retained by the Adjudications officer to carry out his mandate under this Consent-Decree.
www.ipsn.org /RICO-CONSENT/consentdecree.htm   (4182 words)

  
 JUAN F. CONSENT DECREE
That decree established staffing ratios DCYS had to follow and created a comprehensive set of policy manuals covering all areas of DCYS responsibility.
On October 7, 2003, the state admitted its failure to comply and agreed to a stipulation to the 1991 consent decree.
The stipulation established a “transition task force” to assume all decision-making authority that substantially affects the safety and welfare of the Juan F. class (abused and neglected children or those at risk of abuse or neglect who are or become committed to DCF or come under its care or custody).
www.cga.ct.gov /2004/rpt/2004-R-0352.htm   (474 words)

  
 (Washington Wrap Up) FDA Targets Device GMPs in Consent Decree (MDDI archive, Jul 03)
FDA said it issued a decree because the company's radiotherapy treatment planning unit had caused excessive radiation to be administered to 28 patients, several of whom died, at a medical facility in Panama City, Panama.
The decree, which stops Multidata from manufacturing and distributing radiation therapy medical devices, was filed in the U.S. District Court for the Eastern District of Missouri, and will be enforced until the firm convinces FDA it has corrected its problems.
The decree says Multidata must also establish, operate, and administer its design and manufacturing methods, facilities, and controls in a manner designed to ensure that it maintains all records, which are then to be submitted to the agency.
www.devicelink.com /mddi/archive/03/07/011.html   (1966 words)

  
 Letter Opposing Consent Decree Fairness Act (Human Rights Watch, April 13, 2005)
The Federal Consent Decree Fairness Act allows a state or local government to file a motion to vacate or modify a consent decree four years after the decree is entered or after the election of a new state or local official.
In many cases, the ability to fulfill the terms of a consent decree within the artificial time period imposed by the bill may either be impossible to achieve, or, require drastic steps that would not be desirable to the defendants or the plaintiffs.
Consent decrees reflect the litigating parties’ reasoned judgment that a consensual resolution is preferable to full-blown litigation.
www.hrw.org /english/docs/2005/04/13/usdom10482_txt.htm   (1543 words)

  
 Consent decree - Wikipedia, the free encyclopedia
Decree - The judgment or sentence of a court of equity which corresponds to the judgment of a court of law.
The former is given on some plea or issue arising in the cause which does not decide the main question; the latter settles the matter in dispute, and a final decree has the same effect as a judgment at law.
This page was last modified 21:42, 12 August 2005.
en.wikipedia.org /wiki/Consent_decree   (87 words)

  
 Consent Decree   (Site not responding. Last check: 2007-11-02)
After this Consent Decree has been in effect for two (2) years, 17 residential units which may become not useable as residences by operation of the Village’s current Zoning Ordinance, and if that occurs, will not be considered within the 92-unit cap.
The parties recognize that during the term of this Consent Decree there are many factors, unforeseen at this time, which may require some modification of the terms of this Decree concerning development or redevelopment in the affected areas.
This Consent Decree shall be in effect for seven (7) years from the date of its entry with respect to all sections except Parts II.B and III.A.3, which shall apply to any development and redevelopment activity, which the Village, pursuant to its TIF powers, undertakes in the affected areas.
www.lcmoc.org /addison/consent.htm   (4675 words)

  
 [No title]
The provisions of this Consent Decree shall apply to and be binding upon the parties to this action, their officers, directors, agents, employees, successors and assigns.
This Consent Decree shall terminate two (2) years after the date that Defendant has fulfilled its obligations to achieve continuous compliance (over a two (2) year period) with the radium standard, as set forth by this Consent Decree.
The terms of this Consent Decree shall not be changed, revised or modified except by a written instrument signed by the parties and shall not take effect until approved by the Court.
www.bios.niu.edu /toth/bios103/ConsentDecree.html   (1919 words)

  
 RC v. Walley Consent Decree
The case was settled by the agreement of the parties and a consent decree was signed and approved by the federal judge in 1991.
An order approving the Consent Decree was entered by now-retired United States District Judge Truman Hobbs on December 11, 1991.
DHR's efforts to convert child welfare practice in all the county departments to the "System of Care" described in the Consent Decree are ongoing.
www.dhr.state.al.us /page.asp?pageid=245   (195 words)

  
 Schering-Plough - FDA Consent Decree
Upon entry of this Decree, Defendants shall immediately recall all lots of Theophylline and Proventil Repetabs that are still within their labeled expiration periods from all of their United States wholesale consignees and all other United States direct consignees for destruction.
Within thirty (30) days of the date of entry of this Decree, Defendants shall conduct a training session(s) for all supervisors and managers at Defendants' Puerto Rico and New Jersey facilities who are involved in the manufacture of drug(s) to fully explain the terms and requirements of this Decree.
The execution and entry of this Decree shall not be construed by FDA to mean that Defendants are not responsible government contractors.
www.fda.gov /cder/dmpq/SP_consent_decree.htm   (4738 words)

  
 Health Care Professional Information Center: Federal Court May Enforce Consent Decree Over 11th Amendment Immunity ...
The court's decision, which resolved a split in the federal appeals court circuits, found the decree was enforceable because it had settled litigation over which the trial court had jurisdiction and imposed remedies that were consistent with the federal Medicaid law.
Ultimately, the parties resolved the dispute through a consent decree, which authorized the parents to seek relief from the court if state officials strayed from the terms of the decree.
Eschewing this interpretation of the 11th Amendment, the court said that enforcement of the consent decree falls within Ex parte Young principles because the decree creates a "mandatory, enforceable obligation," springs from a federal dispute, and furthers the objectives of federal law.
healthcenter.bna.com /pic2/hc.nsf/id/BNAP-5VGL64?OpenDocument&PrintVersion=Yes   (1247 words)

  
 The Anniston Star - Governor: EPA should drop consent decree
Siegelman said the consent decree was "clearly" timed to strip the circuit court of its jurisdictional authority.
Meanwhile, DOJ attorneys also are challenging efforts by PCB trial plaintiffs to intervene to block the consent decree filed in Birmingham federal district court; they claim the federal court does not have jurisdiction under the Superfund law to challenge EPA's activities.
The proposed decree requires the companies to conduct a remediation investigation and feasibility study (proposal of cleanup alternatives) called an RI/FS, for all the PCBs that leaked from the former Monsanto plant in western Anniston.
www.annistonstar.com /news/2002/as-anniston-0725-ebluemink-2g24x4422.htm   (569 words)

  
 Walmart Decree
This Consent Decree was entered into by the parties as an amicable way of resolving all outstanding differences that may have existed in this case.
This Consent Decree conforms with the Federal Rules of Civil Procedure and the ADA and is not in derogation of the rights and privileges of any person.
Within thirty (30) days after this Consent Decree is approved by the Court, Wal-Mart will offer Steve Sanders full or part-time employment, at his option, with any necessary reasonable accommodation, for which he is qualified, at the average rate he would have earned had he not been terminated on February 3, 1996.
www.eeoc.gov /court/walmart_decree.html   (5658 words)

  
 [No title]
In the event that this Consent Decree is rendered invalid by any court of competent jurisdiction, it shall become null and void and may not be used in any manner in any legal proceeding.
The Parties also agree that if any provision of the Consent Decree conflicts with any subsequent rule or order adopted by the Commission (except an order specifically intended to revise the terms of this Consent Decree to which SBC does not consent) that provision will be superseded by such Commission rule or order.
The SBC/SNET Consent Decree required SBC to train those employees who have regular contact with the Commission as part of their assigned duties in Commission rules governing contacts with and representations to the Commission.
www.fcc.gov /eb/Orders/2002/FCC-02-153A1.html   (3237 words)

  
 Federal Consent Decree Fairness Act
To amend chapter 111 of title 28, United States Code, to limit the duration of Federal consent decrees to which State and local governments are a party, and for other purposes.
(2) Consent decrees are also for protecting the party who faces injury and should not be expanded to apply to parties not involved in the litigation.
(4) Consent decrees should be structured to give due deference to the policy judgments of State and local officials as to how to obey the law.
www.theorator.com /bills109/s489.html   (827 words)

  
 MHSAA: News--Fall Sports Resume, 2001 Rules Changes Include Sportsmanship Emphasis
The Consent Decree was made public today in United States Federal District Court in Kalamazoo, following a decision by Judge Richard A. Enslen in the case which directs the MHSAA to submit a plan to the court to realign sports seasons in the spring of 2002 for implementation during the 2003-04 school year.
The Decree was agreed to by both parties in August, the result of weeks of negotiation which narrowed the focus of the court case to the placement of sports seasons.
The MHSAA is appealing the Court's decision to the Sixth Circuit Court of Appeals in Cincinnati, Ohio.
www.mhsaa.com /news/01decree.html   (1056 words)

  
 [No title]   (Site not responding. Last check: 2007-11-02)
A federal court judge has dismissed a consent decree between the Laboratory, the Department of Energy and Concerned Citizens for Nuclear Safety stemming from a lawsuit the organization filed against DOE and the Lab.
Department of Energy and Laboratory officials filed a motion to dismiss the consent decree on April 8; CCNS filed its motion to enforce the decree on July 7, arguing that the methodology used in the audits did not meet the consent decree standards.
In signing the consent decree in 1997, the Laboratory admitted that 31 of its 33 major stacks emitting radionuclides to the air were not in compliance with the Clean Air Act when CCNS filed its motion for summary judgment in 1994.
www.lanl.gov /orgs/pa/newsbulletin/2003/11/20/includes/text02.inc   (595 words)

  
 The Ohio Art Company: Consent Decree   (Site not responding. Last check: 2007-11-02)
Defendant shall make the payment required by Paragraph 8 on the date of entry of this Consent Decree by certified or cashier's check made payable to the Treasurer of the United States and delivered to: The Office of Consumer Litigation, Civil Division, U.S. Department of Justice, Washington, D.C. 20530, for appropriate disposition.
Defendant, and its successors and assigns, within five (5) days from the date of entry of this Consent Decree, shall delete all personal information collected from every child through the www.etch-a-sketch.com website at any time from April 21, 2000 through the date of entry of this Consent Decree.
The parties, by their counsel, hereby consent to the terms and conditions of the Consent Decree as set forth above and consent to the entry thereof.
www.ftc.gov /os/2002/04/ohioartconsent.htm   (921 words)

  
 U.S. v. New Jersey Joint Application for Entry of Consent Decree and Consent Decree
Joint entry of this Decree is in the public interest since it provides for expeditious remedial activity and avoids the diversion of federal and State resources to adversarial actions by the parties.
During the term of this Consent Decree,the State shall maintain all records documenting its compliance with the terms of this Consent Decree and all documents required by or developed under this Consent Decree.
Nothing in this Consent Decree shall be construed to impair the right of any person or organization to seek relief against the State or the State Police for its conduct or the conduct of state troopers.
www.state.nj.us /lps/jointapp.htm   (10033 words)

  
 [No title]
Madison River further represents and warrants that it has caused this Consent Decree to be executed by its authorized representative, as a true act and deed, as of the date affixed next to said representative's signature.
The Parties agree that this Consent Decree does not constitute either an adjudication on the merits or a factual or legal finding regarding any compliance or noncompliance with the requirements of the Act and the Commission's orders and rules.
By this Consent Decree, Madison River does not waive or alter its right to assert and seek protection from disclosure of any privileged or otherwise confidential and protected documents and information, or to seek appropriate safeguards or confidentiality for any competitively sensitive or proprietary information.
www.fcc.gov /eb/Orders/2005/DA-05-543A2.html   (1030 words)

  
 Consent Decree Information
The remediation of Combined Sewer Overflows (CSOs) and Sanitary Sewer Overflows (SSOs), and a comprehensive Water-In-Basement (WIB) response program are key components of the Global Consent Decree that the Metropolitan Sewer District of Greater Cincinnati (MSD) has presented to the Board of County Commissioners and the Cincinnati City Council.
The Consent Decree was unanimously approved by both Cincinnati City Council and the Board of County Commissioners.
On December 4, 2003, the Consent Decree was filed with the United States District Court for the Southern District of Ohio, Western Division, for review and approval.
www.msdgc.org /consent_decree   (491 words)

  
 Zeneca: Consent Decree   (Site not responding. Last check: 2007-11-02)
The Consent Decree shall be modified only to the extent necessary to reflect the substantive change of law that results from the new case or statute.
If the Consent Decree is being modified as the result of a court decision, the modification shall apply only within the territorial jurisdiction of the rendering court.
This Consent Decree is entered into between the States and Zeneca for the purposes of settlement.
www.atg.wa.gov /trust/trustdocs/zenccsnt.html   (1213 words)

  
 2000 Consent Decree
The Consent Decree states that mortality of lake trout shall be regulated with yield and effort limits throughout the 1836 Treaty-ceded waters.
The Consent Decree provides specific guidelines on how these yield and effort limits should be calculated.
The agreement of the parties reflects a creative and appropriate approach to the allocation, management, and regulation of State and Tribal fisheries in the waters of Lakes Michigan, Huron and Superior ceded by the tribes in the Treaty of Washington of March 28, 1836.
www.michigan.gov /dnr/0,1607,7-153-10364_36925---,00.html   (306 words)

  
 Decatur Consent Decree
While this Consent Decree is in effect, if fl applicants for home mortgage loans are rejected at significantly higher rates than white applicants, that fact, standing alone, will not be viewed as establishing a violation of this Consent Decree.
The terms of this Consent Decree will bind any successor in interest to Decatur Federal as to employees, branches, and offices now under the control of Decatur Federal, branches subsequently acquired by Decatur Federal, and any branches located in Fulton County and DeKalb County into which Decatur Federal branches are consolidated.
For purposes of this Consent Decree, "home mortgage loans" means one-to-four family dwelling loans and applications originated by Decatur Federal that are required to be reported under 12 C.F.R. Part 203, and "predominantly fl" refers to census tracts where fl residents constitute 50% or more of the total population based on the 1990 Census.
www.usdoj.gov /crt/housing/documents/decatursettle.htm   (4789 words)

  
 Story: FTC & Dell File Consent Decree, 4/3/98
The Decree would bar Dell from selling computer systems over the phone or by telephone, that is bundled with software that is not ready to be shipped.
The FTC also charged that Dell did not offer consumers the option of either consenting to the delay or canceling their orders and receiving a prompt refund, as required by the Rule.
The Complaint and proposed Consent Decree were filed April 2 by the U.S. Department of Justice on behalf of the FTC, in the U.S. District Court for the Western District of Texas, in Austin.
www.techlawjournal.com /atr/80403ftc_dell.htm   (596 words)

  
 Chicago District Council Consent Decree   (Site not responding. Last check: 2007-11-02)
violation of the injunctions adopted in paragraph 14 of this Consent Decree.
Staff: The Adjudications Officer shall have the authority to employ such personnel as are reasonably necessary to assist in the proper discharge of the duties imposed by this Consent Decree.
The term of the Trustee/ Supervisor shall be for two years from the date of his appointment by the Court subject to the right of any party to petition the Court for a finding that the presence of a Trustee/Supervisor is necessary for a longer period to achieve the purposes of this decree.
www.thelaborers.net /chicago/consentdecree.htm   (3877 words)

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