No. 10-2260.

657 F.3d 586 (2011)

Herman NELSON, Joel Decatur, Andre Lawson and Ernest Carter, Plaintiffs-Appellants, v. Janet NAPOLITANO, Secretary of the Department of Homeland Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 2011.

Attorney(s) appearing for the Case

Gerardo S. Gutierrez (argued), Attorney, Chicago, IL, for Plaintiffs-Appellants.

Gina E. Brock (argued), Attorney, Ann L. Wallace , Attorney, Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.

Before KANNE, ROVNER and SYKES, Circuit Judges.

ROVNER, Circuit Judge.

Herman Nelson, Joel Decatur, Andre Lawson and Ernest Carter were employed by the Department of Homeland Security ("DHS"). In 2007, they filed a six-count employment discrimination suit against DHS.1 After the district court granted the defendant's motion to dismiss two of the counts, DHS failed to answer the complaint, apparently due to an oversight. In May 2009, the plaintiffs...


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