Case: Cremin v. Merrill Lynch, Pierce, Fenner & Smith Inc.

1:96-cv-03773 | U.S. District Court for the Northern District of Illinois

Filed Date: June 21, 1996

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On June 21, 1996, an individual employee filed a lawsuit on behalf of herself and other similarly situated employees against her employer, Merrill Lynch, the New York Stock Exchange, and the National Association of Securities Dealers in the United States District Court for the Northern District of Illinois. The plaintiff alleged gender discrimination and pregnancy discrimination in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e, and the Equal Pay Act of 1963, 29 U.S.C. …

On June 21, 1996, an individual employee filed a lawsuit on behalf of herself and other similarly situated employees against her employer, Merrill Lynch, the New York Stock Exchange, and the National Association of Securities Dealers in the United States District Court for the Northern District of Illinois. The plaintiff alleged gender discrimination and pregnancy discrimination in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e, and the Equal Pay Act of 1963, 29 U.S.C. § 206(d). The plaintiff contended that the employer had engaged in a pattern or practice of discrimination which restricted the plaintiff's access to pay, benefits, and promotions and had led to her termination. She also alleged that her supervisor had created a hostile work environment.

On February 21, 1997 the court (Judge Ruben Castillo) dismissed the counts pertaining to the New York Stock Exchange and the National Association of Securities Dealers, thus frustrating the plaintiff's efforts to avoid arbitration. The plaintiff quickly modified her complaint, however, to include these defendants again. The court (Judge Ruben Castillo) granted preliminary class certification on June 18, 1998. The class consisted of all women who were employed in Merrill Lynch's domestic Private Client Group between January 1, 1994 and June 18, 1998.

On September 2, 1998, the court (Judge Castillo) approved a settlement agreement creating a complex multi-stage arbitration process. It required the arbitrators to first consider the class based claims and then at another stage the individual claims and on the basis of the total evidence award each individual with any relief deemed appropriate so long as it was within the authority of the court to grant such relief.

Over the next eight years the roughly 900 class members pursued such relief and in some cases returned to court to contest individual issues or seek the replacement of class counsel and recoup attorney's fees.

Summary Authors

Michael Perry (8/5/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5346607/parties/cremin-v-merrill-lynch-pierce/


Judge(s)

Castillo, Ruben E. (California)

Attorney for Plaintiff

Axiotis, Ares Demetrius (New York)

Brown, Jeffrey Grant (Illinois)

Attorney for Defendant

Brooks, Russell E. (New York)

DeNardo, James P. (Illinois)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:96-cv-03773

Docket

May 25, 2006

May 25, 2006

Docket
41

1:96-cv-03773

Memorandum Opinion and Order (Dismissing defendants New York Stock Exchange and the National Association of Securities Dealers)

Feb. 21, 1997

Feb. 21, 1997

Order/Opinion
96

1:96-cv-37773

Stipulation of Settlement (portion)

June 17, 1998

June 17, 1998

Settlement Agreement
372

1:96-cv-03773

Opinion (Permitting the findings of one arbitration hearing having preclusive effect on other hearings)

Aug. 3, 2004

Aug. 3, 2004

Order/Opinion
413-1

1:96-cv-03773

Final Decision and Order (Third-Stage Hearing Panel)

Sept. 30, 2005

Sept. 30, 2005

Order/Opinion
413

1:96-cv-37773

Petition to Vacate

Dec. 27, 2005

Dec. 27, 2005

Pleading / Motion / Brief
432

1:96-cv-03773

Opinion (Affirming an arbitration award of no damages)

May 25, 2006

May 25, 2006

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5346607/cremin-v-merrill-lynch-pierce/

Last updated Jan. 14, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Mary Stowell, Linda Debra Friedman as attorney(s) for plaintiff with Rule 39 affidavits (no summons(es) issued.) (Documents: 1-1 through 1-5). (fce) Modified on 07/12/1996 (Entered: 06/24/1996)

June 21, 1996

June 21, 1996

PACER

RECEIPT regarding payment of filing fee paid; on 6/21/96 in the amount of $120.00, receipt #475884. (fce)

June 21, 1996

June 21, 1996

PACER
2

MINUTE ORDER of 6/28/96 by Hon. Ruben Castillo : Status hearing set for 9:30 am on 8/28/96. Parties to file a joint status report by 8/23/96. Counsel for plaintiff to notify all other parties of the Court's order. (See reverse of minute order.) Mailed notice (ar) Modified on 07/12/1996 (Entered: 07/01/1996)

June 28, 1996

June 28, 1996

PACER
3

ATTORNEY APPEARANCE for Natl Assn of Sec by Terri L. Reicher, James Stephen Poor, Robert L. Jackson III with Rule 39 affidavits (ar) (Entered: 08/07/1996)

Aug. 6, 1996

Aug. 6, 1996

PACER
4

ATTORNEY APPEARANCES for NY Stock Ex by David L. Lee, Jonathan P. Tomes with Rule 39 affidavits (ar) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
5

ATTORNEY APPEARANCE for Merrill Lynch Pierce, Joseph Gannotti by James P. DeNardo, Kristin L. Dvorsky with Rule 39 affidavits (ar) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
9

MOTION by NY Stock Ex to dismiss pursuant to Rule 12(b)(6) . (Temporarily unavailable for docketing.) (ar) Modified on 08/30/1996 (Entered: 08/30/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
10

MEMORANDUM by NY Stock Ex in support of its motion to dismiss pursuant to Rule 12(b)(6) [9-1]. (Temporarily unavailable for docketing.) (ar) Modified on 08/30/1996 (Entered: 08/30/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
11

MOTION by Merrill Lynch Pierce and Joseph Gannotti to dismiss cause of action and for an order compelling arbitration (Exhibits); Notice of motion. (Temporarily unavailable for docketing.) (ar) Modified on 08/30/1996 (Entered: 08/30/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
6

JOINT INITIAL STATUS REPORT; Notice of filing (ar) (Entered: 08/26/1996)

Aug. 23, 1996

Aug. 23, 1996

PACER
12

MOTION by Natl Assn of Sec to dismiss Count III of the complaint ; Notice of motion (ar) (Entered: 08/30/1996)

Aug. 27, 1996

Aug. 27, 1996

PACER
13

MEMORANDUM of law by Natl Assn of Sec in support of its motion to dismiss Count III of the complaint [12-1] (Attachments) (ar) (Entered: 08/30/1996)

Aug. 27, 1996

Aug. 27, 1996

PACER
7

APPLICATION for leave to appear pro hac vice by Russell E. Brooks for NY Stock Ex ; Order entered granting leave by Hon. Ruben Castillo (ar) (Entered: 08/29/1996)

Aug. 28, 1996

Aug. 28, 1996

PACER
8

APPLICATION for leave to appear pro hac vice by B. Kelly Kiser for NY Stock Ex ; Order entered granting leave by Hon. Ruben Castillo (ar) (Entered: 08/29/1996)

Aug. 28, 1996

Aug. 28, 1996

PACER
14

MINUTE ORDER of 8/28/96 by Hon. Ruben Castillo : Status hearing held. Plaintiff's consolidated response to defendant New York Stock Exchange's motion to dismiss [9-1], defendants Merrill Lynch and Joseph Gannotti's motion to dismiss [11-1] and for an order compelling arbitration [11-2], and defendant National Association of Securities Dealers, Inc.'s motion to dismiss Count III [12-1] is due 09/27/96. Defendants' replies are due 10/18/96. Motions [9-1] [11-1] [11-2] [12-1] will be taken under advisement and the Court will rule by mail. Discovery is hereby stayed until the Court rules on the pending motions to dismiss. Mailed notice (ar) (Entered: 08/30/1996)

Aug. 28, 1996

Aug. 28, 1996

PACER
15

MOTION by plaintiff to strike motions to dismiss of defendants Merrill Lynch, Gannotti, NYSE and NASD ; Notice of motion. (Temporarily unavailable for docketing.) (ar) (Entered: 10/15/1996)

Sept. 30, 1996

Sept. 30, 1996

PACER
16

OBJECTION by NY Stock Exchange to plaintiff's motion to strike its motion to dismiss [15-1] (Attachment) (ar) (Entered: 10/15/1996)

Oct. 11, 1996

Oct. 11, 1996

PACER
17

RESPONSE by Merrill Lynch Pierce Fenner & Smith, Inc. and Joseph Gannotti to plaintiff's motion to strike defendants' motions to dismiss [15-1] (Attachment); Notice of filing and proof of service (ar) (Entered: 10/15/1996)

Oct. 11, 1996

Oct. 11, 1996

PACER
18

MINUTE ORDER of 10/11/96 by Hon. Ruben Castillo : Plaintiff's motion to strike [15-1] motions to dismiss of defendants Merrill Lynch, Gannotti, NYSE and NASD is denied. Defendants Merrill Lynch and Gannotti's motion to dismiss [11-1] and to compel arbitration [11-2] is denied without prejudice. Plaintiff is ordered to file a response on or before 11/01/96. Defendants' replies are due 11/15/96. Court will rule by mail. (See reverse of minute order.) Mailed notice (ar) (Entered: 10/15/1996)

Oct. 11, 1996

Oct. 11, 1996

PACER
19

MINUTE ORDER of 10/17/96 by Hon. Ruben Castillo : The Court issues this order nunc pro tunc to clarify its initial minute order dated 10/11/96 [18-1]. Merrill Lynch and Gannotti's motion to dismiss [11-1] and to compel arbitration [11-2] is dismissed only in part, as to the jurisdictional challenge to Counts V-VII based on the Illinois Human Rights Act, and without prejudice. Therefore, the second sentence in the fourth paragraph should read, "Merrill Lynch and Gannotti's motion to dismiss and to compel arbitration is denied in part without prejudice." Mailed notice (ar) (Entered: 10/18/1996)

Oct. 17, 1996

Oct. 17, 1996

PACER
20

MOTION by plaintiff for leave to file memorandum in excess of 15 pages ; Notice of motion. (dmkf) (Entered: 11/12/1996)

Nov. 4, 1996

Nov. 4, 1996

PACER
21

MEMORANDUM in response to the court's order of 10/11/96 by plaintiff (Attachments). (dmkf) (Entered: 11/12/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
22

MINUTE ORDER of 11/8/96 by Hon. Ruben Castillo : Plaintiff's motion for leave to file memorandum in excess of 15 pages [20-1] is granted. Telephoned notice (dmkf) (Entered: 11/12/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
23

REPLY memorandum of law by Natl Assn of Sec in support of its motion to dismiss Count III of the complaint [12-1] (ar) (Entered: 11/15/1996)

Nov. 14, 1996

Nov. 14, 1996

PACER
24

REPLY by Merrill Lynch Pierce and Joseph Gannotti to the plaintiff's memoandum in response [18-1] to the court's order of 10/11/96; Noticeof filing and proof of service (ar) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

PACER
25

REPLY by NY Stock Ex on its motion to dismiss [9-1] (Exhibit) (ar) (Entered: 11/19/1996)

Nov. 18, 1996

Nov. 18, 1996

PACER
26

MINUTE ORDER of 12/29/96 by Hon. Ruben Castillo : Michael Rubin is granted leave to file an additional appearance on behalf of Marybeth Cremin. No notice (ar) (Entered: 01/03/1997)

Dec. 29, 1996

Dec. 29, 1996

PACER
27

ATTORNEY APPEARANCE for Marybeth Cremin by Michael Rubin (ar) (Entered: 01/03/1997)

Dec. 29, 1996

Dec. 29, 1996

PACER

RULE 39 letter mailed to Michael Rubin (ar)

Jan. 3, 1997

Jan. 3, 1997

PACER
28

MOTION by NY Stock Ex for leave to file supplemental authority (Exhibit); Notice of motion (ar) (Entered: 01/14/1997)

Jan. 7, 1997

Jan. 7, 1997

PACER
29

MINUTE ORDER of 1/13/97 by Hon. Ruben Castillo : Defendant New York Stock Exchange's motion for leave to file supplemental authority [28-1] is granted. Telephoned notice (ar) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

PACER
30

AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding Nancy Thomas, Anne Kaspar, Alice Moss, Linda Conti, Anne Marie Kearney; Notice of filing (fce) Modified on 02/03/1997 (Entered: 01/30/1997)

Jan. 29, 1997

Jan. 29, 1997

PACER
31

MINUTE ORDER of 1/31/97 by Hon. Ruben Castillo : Plaintiff's amended complaint [30-1] is hereby stricken, with leave to refile any appropriate amended complaint after our forthcoming opinion. Terminating plaintiffs Nancy Thomas, Anne Kaspar, Alice Moss, Linda Conti and Anne Marie Kearney. (See reverse of minute order.) Mailed notice (ar) (Entered: 02/03/1997)

Jan. 31, 1997

Jan. 31, 1997

PACER
32

EMERGENCY MOTION by Marybeth Cremin to reconsider decision to strike her amended complaint ; Notice of motion (ar) (Entered: 02/07/1997)

Feb. 6, 1997

Feb. 6, 1997

PACER
33

MINUTE ORDER of 2/7/97 by Hon. Ruben Castillo : Plaintiff's memorandum in support of her emergency motion to reconsider [32-1] is due 02/10/97. Defendants' response is due 2/14/97. Motion [32-1] will be taken under advisement and the court will rule by mail. The following language of this Court's 01/31/97 docket entry is vacated: "Terminating plaintiffs Nancy Thomas, Anne Kaspar, Alice Moss, Linda Conti and Anne Marie Kearney." Mailed notice (ar) Modified on 02/12/1997 (Entered: 02/10/1997)

Feb. 7, 1997

Feb. 7, 1997

PACER

PLAINTIFFS Nancy Thomas, Anne Kaspar, Alice Moss, Linda Conti and Anne M. Kearney are reinstated pursuant to minute order dated 02/07/97 [33-1]. These plaintiffs were erroneously terminated on 01/31/97. (ar)

Feb. 7, 1997

Feb. 7, 1997

PACER
34

MEMORANDUM by Marybeth Cremin in support of motion to reconsider decision to strike her amended complaint [32-1] (Attachments); Notice of filing (ar) (Entered: 02/11/1997)

Feb. 10, 1997

Feb. 10, 1997

PACER
35

RESPONSE by Merrill Lynch Pierce and Joseph Gannotti to plaintiff's memorandum in support of motion to reconsider [32-1] (Exhibit); Notice of filing (ar) (Entered: 02/24/1997)

Feb. 14, 1997

Feb. 14, 1997

PACER
36

RESPONSE by NY Stock Ex to plaintiff's emergency motion to reconsider [32-1] (Exhibits) (ar) (Entered: 02/24/1997)

Feb. 14, 1997

Feb. 14, 1997

PACER
37

MEMORANDUM of law by Natl Assn of Sec in opposition to plaintiff's motion for reconsideration [32-1]; Notice of filing (ar) (Entered: 02/24/1997)

Feb. 14, 1997

Feb. 14, 1997

PACER
38

MOTION by plaintiffs for leave to file supplemental authority (Attachment); Motion for leave to file supplemental authority. (ar) (Entered: 02/24/1997)

Feb. 14, 1997

Feb. 14, 1997

PACER
39

RESPONSE by NY Stock Ex to motion for leave to file supplemental authority [38-1] (ar) (Entered: 02/24/1997)

Feb. 19, 1997

Feb. 19, 1997

PACER
40

RESPONSE by Merrill Lynch Pierce and Joseph Gannotti to plaintiff's motion for leave to file supplemental authority [38-1] (Attachment); Notice of filing and proof of service (ar) (Entered: 02/24/1997)

Feb. 20, 1997

Feb. 20, 1997

PACER
41

MEMORANDUM OPINION AND ORDER (ar) (Entered: 02/24/1997)

Feb. 21, 1997

Feb. 21, 1997

PACER
42

MINUTE ORDER of 2/21/97 by Hon. Ruben Castillo : Status hearing set for 9:15 am on 3/11/97. Enter memorandum opinion and order. Defendant New York Stock Exchange's motion to dismiss pursuant to Rule 12(b)(6) [9-1] and defendant The National Association of Securities Dealers' motion dismiss Count III of the complaint [12-1] are granted. Defendants New York Stock Exchange and The National Association of Securities Dealers are hereby dismissed from this action with prejudice. Plaintiff's motion to reconsider [32-1] is denied. Plaintiff's motion for leave to file supplemental authority [38-1] is granted. Mailed notice (ar) (Entered: 02/24/1997)

Feb. 21, 1997

Feb. 21, 1997

PACER
43

AMENDED COMPLAINT [1-1] by plaintiffs adding plaintiffs Sonia Ingram, Angelo Covo and reinstating defendants The New York Stock Exchange and The National Association of Securities Dealers; Jury demand; Notice of filing (1 vol.) (ar) Modified on 03/07/1997 (Entered: 03/07/1997)

Feb. 27, 1997

Feb. 27, 1997

PACER
45

MOTION by Natl Assn of Sec to strike Count VI of amended complaint ; Notice of motion. (Temporarily unavailable for docketing.) (ar) (Entered: 03/14/1997)

March 5, 1997

March 5, 1997

PACER
44

MEMORANDUM by defendant NY Stock Ex in support of its motion to strike count VI of the amended complaint (fce) (Entered: 03/07/1997)

March 6, 1997

March 6, 1997

PACER
46

MOTION by NY Stock Ex to strike Count VI of the amended complaint ; Notice of motion. (Temporarily unavailable for docketing.) (ar) (Entered: 03/14/1997)

March 6, 1997

March 6, 1997

PACER
47

MOTION by Merrill Lynch Pierce and Joseph Gannotti for leave to file appearance of Mark S. Dichter, attorney not a member of the Northern District of Illinois Bar, instanter ; Notice of motion. (Temporarily unavailable for docketing.) (ar) (Entered: 03/14/1997)

March 7, 1997

March 7, 1997

PACER
48

AFFIDAVIT of Mark S. Dichter regarding defendants Merrill Lynch Pierce Fenner & Smith and Joseph Gannotti's motion for leave to file appearance of Mark S. Dichter, attorney not a member of the Northern District of Illinois Bar, instanter [47-1] (ar) (Entered: 03/14/1997)

March 7, 1997

March 7, 1997

PACER
49

MINUTE ORDER of 3/11/97 by Hon. Ruben Castillo : Status hearing held. Any motion for class certification is to be filed by 4/11/97. Defendants Merrill Lynch Pierce Fenner & Smith and Joseph Gannotti's motion for leave to file appearance of Mark S. Dichter, attorney not a member of the Northern District of Illinois Bar, instanter [47-1], is granted. Defendant New York Stock Exchange's motion to strike Count VI of the amended complaint [46-1] and defendant NASD's motion to strike Count VI of amended complaint [45-1] are granted for the reasons stated in open court. Count VI of the amended complaint is dismissed as to all defendants. Parties are to proceed with all discovery. Mailed notice (ar) Modified on 03/14/1997 (Entered: 03/14/1997)

March 11, 1997

March 11, 1997

PACER
50

ATTORNEY APPEARANCE for Merrill Lynch Pierce and Joseph Gannotti by Mark S. Dichter (ar) (Entered: 03/14/1997)

March 11, 1997

March 11, 1997

PACER
57

MOTION by defendants Merrill Lynch Pierce, Joseph Gannotti to deny class certification (kmt) (Entered: 04/02/1997)

March 24, 1997

March 24, 1997

PACER
58

MOTION by defendants Merrill Lynch Pierce, Joseph Gannotti for leave to file instanter a memorandum in excess of fifteen pages in support of defendants' motion to deny class certification. ; Notice of motion (kmt) (Entered: 04/02/1997)

March 24, 1997

March 24, 1997

PACER
52

MOTION by defendants Merrill Lynch Pierce, Joseph Gannotti to dismiss count VII of the amended complaint (kmt) (Entered: 04/02/1997)

March 31, 1997

March 31, 1997

PACER
54

MOTION by defendants Merrill Lynch Pierce, Joseph Gannotti for an order compelling arbitration of, and to dismiss all non-class claims (counts I-V, VII-XV) (kmt) (Entered: 04/02/1997)

March 31, 1997

March 31, 1997

PACER
55

MOTION by defendants Merrill Lynch Pierce, Joseph Gannotti to dismiss counts XIII-XV of the amended complaint for lack of jurisdiction ; Notice of motion (kmt) (Entered: 04/02/1997)

March 31, 1997

March 31, 1997

PACER
51

TRANSCRIPT of proceedings for the following date(s): 03/11/97 before Honorable Ruben Castillo (fce) (Entered: 04/02/1997)

April 1, 1997

April 1, 1997

PACER
53

MINUTE ORDER of 4/1/97 by Hon. Ruben Castillo : Plaintiff's response to defendants Merrill Lynch and Joseph Gannotti's motion to dismiss count VII of the amended complaint [52-1] is due 05/02/97. Defendants' reply to answer brief due 5/12/97. Motion will be taken under advisement and the court will rule by mail. Mailed notice (kmt) (Entered: 04/02/1997)

April 1, 1997

April 1, 1997

PACER
56

MINUTE ORDER of 4/1/97 by Hon. Ruben Castillo : Defendants merrill Lynch and Jospeh Gannotti's motion for an order compelling arbitration of [54-1] and to dismiss all non-class claims (counts I-V, VII-XV) [54-2] and their motion to dismiss counts XIII-XV of the amended complaint for lack of jurisdiction [55-1] will be held in abeyance until further court order. Mailed notice (kmt) (Entered: 04/02/1997)

April 1, 1997

April 1, 1997

PACER
59

MINUTE ORDER of 4/1/97 by Hon. Ruben Castillo : Granting defendants' motion for leave to file instanter a memorandum in excess of fifteen pages in support of defendants' motion to deny class certification [58-1]. The court will consider defendants Merrill Lynch and Joseph Gannotti's motion to deny class certification as a response to plaintiff's motion for class certification. Plaintiff's motion for class certification and supporting memorandum is due 4/15/97 Defendants' supplemental response, if any, due 05/12/97. Plaintiff's reply is due 05/30/97. Motion will be taken under advisement and the court will rule by mail. Status hearing set to 9:00 a.m. on 5/16/97 . Mailed notice (kmt) (Entered: 04/02/1997)

April 1, 1997

April 1, 1997

PACER
60

MEMORANDUM by defendants Merrill Lynch Pierce, Joseph Gannotti in support of motion to deny class certification [57-1] (Exhibit) (kmt) (Entered: 04/02/1997)

April 1, 1997

April 1, 1997

PACER
61

MOTION by plaintiffs for leave to file memorandum in excess of 15 pages ; Notice of motion. (fce) (Entered: 04/18/1997)

April 15, 1997

April 15, 1997

PACER
62

MINUTE ORDER of 4/17/97 by Hon. Ruben Castillo : Plaintiffs' motion for leave to file memorandum in excess of 15 pages [61-1] is granted. Telephoned notice (fce) (Entered: 04/18/1997)

April 17, 1997

April 17, 1997

PACER
63

PETITION by plaintiffs for class certification (fce) (Entered: 04/18/1997)

April 17, 1997

April 17, 1997

PACER
64

MEMORANDUM by plaintiffs in support of motion for class certification [63-1](Attachments) (fce) (Entered: 04/18/1997)

April 17, 1997

April 17, 1997

PACER
65

RESPONSE by plaintiffs in opposition to defendants' motion to dismiss count VII of the amended complaint [52-1]; Notice of filing (ar) (Entered: 05/06/1997)

May 2, 1997

May 2, 1997

PACER
66

MOTION by plaintiff to compel Merrill Lynch to comply with their discovery requests (Exhibit); Notice of motion (fce) (Entered: 05/16/1997)

May 8, 1997

May 8, 1997

PACER
67

MOTION by defendants Merrill Lynch Pierce, Joseph Gannotti for leave to file instanter appearances of substitute local counsel (Attachments); Notice of motion (fce) (Entered: 05/16/1997)

May 12, 1997

May 12, 1997

PACER
68

MOTION by defendants Merrill Lynch Pierce, Joseph Gannotti for leave to file instanter brief in excess of 15 pages ; Notice of motion (fce) (Entered: 05/16/1997)

May 12, 1997

May 12, 1997

PACER
70

RESPONSE by defendants Merrill Lynch, Pierce, Fenner & Smith Incorporated and Joseph Gannotti to plaintiff's petition for class certification [63-1] (Attachments) (Exhibits). (fce) (Entered: 05/16/1997)

May 12, 1997

May 12, 1997

PACER
72

REPLY by Merrill Lynch Pierce and Joseph Gannotti in support of motion to dismiss count VII of the amended complaint [52-1]; Notice of filing (ar) (Entered: 05/19/1997)

May 12, 1997

May 12, 1997

PACER
73

DECLARATION by Ralph DeSalvo (Exhibit); Notice of filing (ar) (Entered: 05/19/1997)

May 14, 1997

May 14, 1997

PACER
74

DECLARATION by James Lusk (Attachments) (ar) (Entered: 05/19/1997)

May 14, 1997

May 14, 1997

PACER
75

AFFIDAVIT of Thomas O. Muller (ar) (Entered: 05/19/1997)

May 14, 1997

May 14, 1997

PACER
76

DECLARATION by William Murray (ar) (Entered: 05/19/1997)

May 14, 1997

May 14, 1997

PACER
77

AFFIDAVIT of Jerome A. Rosenthal (ar) (Entered: 05/19/1997)

May 14, 1997

May 14, 1997

PACER
78

AFFIDAVIT of Robert D. Sherman (ar) (Entered: 05/19/1997)

May 14, 1997

May 14, 1997

PACER
79

AFFIDAVIT of James F. Shoaf (ar) (Entered: 05/19/1997)

May 14, 1997

May 14, 1997

PACER
80

DECLARATION by Joan G Haworth Ph.D. (Attachments) (ar) (Entered: 05/19/1997)

May 14, 1997

May 14, 1997

PACER
81

DECLARATION by John Rapanos (ar) (Entered: 05/19/1997)

May 14, 1997

May 14, 1997

PACER
69

MINUTE ORDER of 5/15/97 by Hon. Ruben Castillo : Plaintiffs' motion to compel [66-1] is granted. Defendants' motion for leave to file instanter appearances of substitute local counsel [67-1] is granted. Jerold S. Solovy, Howard S. Suskin and Catherine P. Wassberg are granted leave to file their appearances on behalf of defendants Merrill Lynch Pierce Fenner & Smith, Inc., and Joseph Grannotti. Defendants' motion for leave to file instanter brief in excess of 15 pages [68-1] is granted. Plaintiffs' reply to their motion for class certification [63-1] is due 6/30/97. Status hearing reset for 6/27/97 at 9:15 a.m. Mailed notice (fce) (Entered: 05/16/1997)

May 15, 1997

May 15, 1997

PACER
71

APPLICATION for leave to appear pro hac vice by Andrew J. Schaffran for defendants Joseph Gannotti and Merrill Lynch, Pierce, Fenner & Smith, Inc. ; Order entered granting leave by Hon. Ruben Castillo (fce) (Entered: 05/16/1997)

May 15, 1997

May 15, 1997

PACER
82

RESPONSE by defendants Joseph Gannotti, Merrill Lynch Pierce to plaintiffs' petition for class certification; Notice of filing (eav) (Entered: 05/22/1997)

May 21, 1997

May 21, 1997

PACER
83

ATTORNEY APPEARANCE for defendants Joseph Gannotti, Merrill Lynch Pierce by Jerold Sherwin Solovy, Howard Steven Suskin, Catherine Patricia Wassberg (eav) (Entered: 05/22/1997)

May 21, 1997

May 21, 1997

PACER
84

NOTICE by defendants Joseph Gannotti, Merrill Lynch Pierce of filing attorney appearance [83-1] (eav) (Entered: 05/22/1997)

May 21, 1997

May 21, 1997

PACER
85

STIPULATION for entry of protective order (eav) (Entered: 06/25/1997)

June 24, 1997

June 24, 1997

PACER
86

AGREED PROTECTIVE ORDER (eav) (Entered: 06/25/1997)

June 24, 1997

June 24, 1997

PACER
87

MINUTE ORDER of 6/24/97 by Hon. Ruben Castillo : Enter agreed protective order. Pursuant to Fed.R.Civ.P. 26(c) this Court finds good cause for the entry of the agreed protective order. Mailed notice (eav) (Entered: 06/25/1997)

June 24, 1997

June 24, 1997

PACER

ORAL MOTION by plaintiffs for an extension of time to file a reply brief (eav)

June 25, 1997

June 25, 1997

PACER
88

MINUTE ORDER of 6/25/97 by Hon. Ruben Castillo : Status hearing set for 6/27/97 is vacated. Plaintiff's oral request for an extension of time to file a reply brief is granted without objection. [0-1] Plaintiffs' reply to their motion for class certification [63-1] is due 7/21/97. Motion will be taken under advisement and the court will rule by mail. Mailed notice (eav) (Entered: 06/26/1997)

June 25, 1997

June 25, 1997

PACER
89

AGREED MOTION by plaintiffs for extension of time to file reply memorandum in support of motion for class certification ; Notice of motion (eav) (Entered: 07/17/1997)

July 15, 1997

July 15, 1997

PACER
90

MINUTE ORDER of 7/16/97 by Hon. Ruben Castillo : Plaintiffs' agreed motion for extension of time to file reply memorandum in support of motion for class certification is granted. [89-1] Plaintiffs' reply to their motion for class certification [63-1] is due 8/4/97. Motion will be [63-1] taken under advisement and the court will rule by mail. Mailed notice (eav) (Entered: 07/17/1997)

July 16, 1997

July 16, 1997

PACER
91

MINUTE ORDER of 8/1/97 by Hon. Ruben Castillo : Telephone status conference held and continued to 8/29/97 at 9:45 a.m. By agreement between the parties all pending motions [52-1], [54-1], [54-2], [55-1], [63-1] are withdrawn without prejudice with full leave to reinstate. Mailed notice (eav) (Entered: 08/04/1997)

Aug. 1, 1997

Aug. 1, 1997

PACER

SCHEDULE set on 8/29/97 by Hon. Ruben Castillo : Telephone status hearing held and continued to 8:45 a.m. on 10/7/97. Mailed notice (rao)

Aug. 29, 1997

Aug. 29, 1997

PACER

SCHEDULE set on 10/7/97 by Hon. Ruben Castillo : Telephone status conference held and continued to 8:45 a.m. on 11/6/97. Mailed notice (rao)

Oct. 7, 1997

Oct. 7, 1997

PACER

SCHEDULE set on 11/6/97 by Hon. Ruben Castillo : Telephone status conference held in chambers and continued to 8:45 a.m. on 12/11/97. Mailed (rao)

Nov. 6, 1997

Nov. 6, 1997

PACER
92

NOTICE by plaintiff Anne Kaspar of change lien (Exhibits) (eav) (Entered: 11/21/1997)

Nov. 20, 1997

Nov. 20, 1997

PACER

SCHEDULE set on 12/11/97 by Hon. Ruben Castillo : Telephone status hearing held. Status hearing set for 9:00 a.m. on 1/28/98. in open court. Parties to file a joint motion for preliminary approval before the 1/28/98 status hearing. Mailed notice (rao)

Dec. 11, 1997

Dec. 11, 1997

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 21, 1996

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All women who were employed in Merrill Lynch's domestic Private Client Group between January 1, 1994 and June 18, 1998.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Stock Exchange (New York), Private Entity/Person

National Association of Securities Dealers (New York), Private Entity/Person

Merrill Lych, Pierce, Fenner & Smith Inc. (New York), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female