224. Memorandum From the Legal Adviser for Management (Coran) to the Under Secretary of State for Management (Read)1

SUBJECT

  • Status of Women FSO Class Action EEO Suits (King v. Vance; Palmer v. Vance)

Judge John Lewis Smith will hear arguments on June 13, 1979, concerning certification of the subject litigation as class actions pursuant to Rule 23, Federal Rules of Civil Procedure. In addition to the arguments of the Assistant U.S. Attorney and plaintiffs’ counsel, the court will consider lengthy motions to certify class, oppositions thereto, and comprehensive affidavits supplied by the Department.

Assistant U.S. Attorney Dianne Sullivan, who is preparing to argue the matter on June 13, expects that the court probably will conditionally certify the class. In such an eventuality, plaintiffs and the Department would engage in extensive discovery. Following discovery and up until a final judgment is rendered, Judge Smith may decide to revoke the conditional certification.

  1. Source: National Archives, RG 59, Records of the Under Secretary for Management (M), 1978–1979, Box 8, Chron June 1–6, 1979. No classification marking. Sent through Gershenson.