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Case Name Calibuso v. Bank of America EE-NY-0272
Docket / Court 2:10-cv-01413-PKC-AKT ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Case Summary
On March 30, 2010, six plaintiffs filed a lawsuit in the U.S. District Court for the Eastern District of New York against Bank of America and Merrill Lynch. The plaintiffs represented a putative class of female financial advisors employed in the United States by either Bank of America (at any time ... read more >
On March 30, 2010, six plaintiffs filed a lawsuit in the U.S. District Court for the Eastern District of New York against Bank of America and Merrill Lynch. The plaintiffs represented a putative class of female financial advisors employed in the United States by either Bank of America (at any time since March 16, 2006) or Merrill Lynch (at any time since March 7, 2008). Plaintiffs filed the lawsuit under the Equal Pay Act, 29 U.S.C. § 206 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; and anti-discrimination state laws in New York, Florida, Missouri, and New Jersey.

Specifically, plaintiffs alleged that defendants’ discriminatory policies in compensation and business opportunities created a disparate impact on female financial advisors. Plaintiffs also alleged that defendants retaliated against them when they complained about the discrimination. Represented by private counsel, the plaintiffs sought injunctive relief, an award of back and front pay, compensatory and punitive damages, and attorneys’ fees for alleged sex discrimination.

On October 26, 2011, defendants filed a motion to dismiss, which the court (Judge Joseph F. Bianco) denied on September 27, 2012. Calibuso v. Bank of America, 893 F. Supp. 2d 374 (E.D.N.Y. 2012). Relying on the Supreme Court’s decision in Wal-Mart Stores v. Dukes earlier that year, defendants argued that plaintiffs’ class claims could not meet the commonality requirements under 23(a) of the Federal Rules of Civil Procedure because the claims were based on subjective, managerial decisions. The court disagreed, reasoning that the plaintiffs in this case had alleged that discriminatory policies guided those subjective decisions, and that the Supreme Court in Dukes made clear that the commonality requirement could be satisfied “if the subjective decision-making was operated under a general policy of discrimination.” Id. at 377 (internal citation and quotation marks omitted).

As of November 21, 2013, this case is ongoing.

Jordan Rossen - 11/21/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Sex discrimination
General
Disparate Impact
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
Equal Pay Act, 29 U.S.C. § 206(d)
Defendant(s) Bank of America
Plaintiff Description A putative class consisting of (a) all female Financial Advisors employed by Bank of America in the United States at any time from March 16, 2006, through the resolution of this action, and (b) all female Financial Advisors employed by Merrill in the United States at any time from March 7, 2008, through the resolution of this action.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party not on record
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:10-cv-01413-PKC-AKT (E.D.N.Y.) 09/20/2013
EE-NY-0272-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/30/2010
EE-NY-0272-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Amended Complaint 10/05/2011
EE-NY-0272-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [Denying Defendants' Motion to Dismiss] 09/27/2012 (893 F.Supp.2d 374) (E.D.N.Y.)
EE-NY-0272-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Motion for Preliminary Approval of Class Action Settlement, Provisional Certification of Settlement Class, Approval and Distribution of the Notice of Settlement, and Appointment of Plaintiffs’ Counsel as Class Counsel 09/06/2013
EE-NY-0272-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Motion for Approval of Class Action Settlement, Provisional Certification of Class, Approval and Distribution of the Notice of Settlement, and Appointment of Plaintiffs' Counsel as Class Counsel 09/06/2013
EE-NY-0272-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bianco, Joseph Frank (E.D.N.Y.)
EE-NY-0272-0003
Chen, Pamela K. Court not on record
EE-NY-0272-9000
Monitors/Masters None on record
Plaintiff's Lawyers Arora, Reena (New York)
EE-NY-0272-0002 | EE-NY-0272-9000
Brewington, Frederick K (New York)
EE-NY-0272-9000
Dermody, Kelly M. (California)
EE-NY-0272-0001 | EE-NY-0272-0002 | EE-NY-0272-0004 | EE-NY-0272-0005 | EE-NY-0272-9000
Geman, Rachel (New York)
EE-NY-0272-0001 | EE-NY-0272-0002 | EE-NY-0272-0004 | EE-NY-0272-0005 | EE-NY-0272-9000
Glink, Shona B. (Illinois)
EE-NY-0272-9000
Greene, Cara Elizabeth (New York)
EE-NY-0272-0001 | EE-NY-0272-0002 | EE-NY-0272-0004 | EE-NY-0272-0005 | EE-NY-0272-9000
Hirose, Mariko (New York)
EE-NY-0272-0002 | EE-NY-0272-9000
Klein, Adam T. (New York)
EE-NY-0272-0001 | EE-NY-0272-0002 | EE-NY-0272-0004 | EE-NY-0272-0005 | EE-NY-0272-9000
Liu, Jennifer Lin (New York)
EE-NY-0272-0004 | EE-NY-0272-0005 | EE-NY-0272-9000
Stocking, Alison M. (California)
EE-NY-0272-9000
Swartz, Justin (New York)
EE-NY-0272-0001 | EE-NY-0272-0002 | EE-NY-0272-9000
Wong, Heather H (California)
EE-NY-0272-0001 | EE-NY-0272-0002 | EE-NY-0272-0004 | EE-NY-0272-0005 | EE-NY-0272-9000
Defendant's Lawyers Baumgarten, Joseph (New York)
EE-NY-0272-9000
Gray, Keisha-Ann G. (New York)
EE-NY-0272-9000
Huggins, Kristine Kathryn (New York)
EE-NY-0272-9000
Parker, Katherine H. (New York)
EE-NY-0272-9000
Pearlman, Steven (New York)
EE-NY-0272-9000
Smith, Gershom Radin (New York)
EE-NY-0272-9000
Other Lawyers None on record

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