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Case: Jock v. Sterling Jewelers, Inc.

1:08-cv-02875 | U.S. District Court for the Southern District of New York

Filed Date: March 18, 2008

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 18, 2008, sixteen current and former female employees of Sterling Jewelers, Inc., filed a putative class action lawsuit in the U.S. District Court for the Southern District of New York against Sterling, a large jewelry retailer. The case was assigned to District Judge Jed Sol Rakoff. The plaintiffs, represented by private counsel, sued under under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), the Equal Pay Act (29 U.S.C. § 206(d)), and the Age Discrimination in Employm…

On March 18, 2008, sixteen current and former female employees of Sterling Jewelers, Inc., filed a putative class action lawsuit in the U.S. District Court for the Southern District of New York against Sterling, a large jewelry retailer. The case was assigned to District Judge Jed Sol Rakoff. The plaintiffs, represented by private counsel, sued under under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), the Equal Pay Act (29 U.S.C. § 206(d)), and the Age Discrimination in Employment Act (29 U.S.C. §§ 621 et seq.), seeking injunctive relief and monetary damages.

The plaintiffs claimed that the defendant had engaged in a pattern and practice of sex and age discrimination in its promotion and compensation decisions. Specifically, plaintiffs claimed that Sterling promoted and compensated male employees at a higher rate than similarly situated female employees. The plaintiffs pointed to Sterling's failure to publicize advancement opportunities and the company's "tap on the shoulder" promotion system that allowed Sterling managers to promote without any merit-based considerations. Managers were also permitted broad discretion in setting compensation and did not have to comply with any merit-based criteria. The plaintiffs further alleged that female employees had been subjected to sexual harassment and retaliation.

Meanwhile, the plaintiffs also filed a complaint with American Arbitration Association in March 2008 challenging the same practices. Pursuant to their employment contract, the plaintiffs were required to initiate alternative dispute resolution through Sterling's "RESOLVE" program. Sterling moved to stay the federal court litigation in favor of arbitration through RESOLVE.

In June 2008, the district court granted the plaintiffs' motion to stay the litigation and refer the matter to arbitration to determine whether RESOLVE permitted class-action arbitration. In June 2009, the arbitrator determined that RESOLVE did permit class action arbitration and allowed the plaintiffs to proceed with their class claim. Sterling then filed a motion in the district court to vacate the arbitrator's determination. In December 2009, the Judge Rakoff denied Sterling's motion. 677 F. Supp. 2d 661 (S.D.N.Y. 2009). Sterling appealed the district court's order in January 2010. Meanwhile, arbitration continued.

In May 2010, Sterling asked the district court for relief from the court's previous ruling on the arbitration determination, relying on the Supreme Court's decision in Stolt-Nielsen v. Animalfeeds International Corp., 559 U.S. 662 (2010), which held that when a parties' contract is silent on the issue of class arbitration, agreement to allow class arbitration should not be implied in the contract without other supporting evidence of such an agreement. The defendants' appeal was suspended pending the district court's decision on this motion. The district court concluded that it would vacate the arbitration award if jurisdiction were restored to it. 725 F. Supp. 2d 444 (S.D.N.Y. 2010). The Second Circuit issued a limited remand of the appeal, and the district court granted Sterling's motion to vacate the arbitration determination that permitted class arbitration on August 9, 2010.

The plaintiffs appealed the district court's ruling on August 10, 2010. The Second Circuit, noting that the Supreme Court had declined to hold in Stolt-Nielsen that an arbitration agreement must expressly state that the parties agree to class arbitration and that there is a strong presumption in favor of enforcing arbitration awards, reversed the district court's judgment and remanded with instructions to allow the plaintiffs to proceed as a class. 646 F.3d 113 (2nd Cir. 2011). After the U.S. Supreme Court denied certiorari, the district court affirmed the award on October 26, 2011.

Extensive proceedings before the arbitrator continued for years, and on February 2, 2015, the arbitrator certified a class for the adjudication of the plaintiffs' declaratory and injunctive relief claims under Title VII disparate impact claims, but not for monetary damages. This allowed current and former female sales employees to pursue their Title VII claims together in a class action. The arbitrator denied class certification for plaintiffs' Title VII disparate treatment claims because the evidence of Sterling’s alleged intentional general policy of discrimination failed to satisfy the high standard for class certification that Supreme Court had recently announced in Wal-Mart v. Dukes (see here for more). In addition to certifying the Title VII class, the arbitrator permitted class members to opt out of the putative declaratory and injunctive relief.

Sterling filed a motion to vacate the arbitrator's class certification decision for two reasons. First, Sterling argued that the arbitrator exceeded her authority by purporting to bind absent class members who did not express their consent to be bound. Second, the defendants argued that the arbitrator erred by permitting opt-outs in a class action that sought injunctive relief. On November 15, 2015, the Judge Rakoff denied the first argument by finding that it was foreclosed by earlier proceedings. But Judge Rakoff agreed with the defendant's second argument; injunctive class-actions do not allow for opt-outs. As such, Judge Rakoff vacated the class certification insofar as it allowed for opt-outs, but kept intact all other determinations. 143 F. Supp. 3d 127.

Defendants appealed the district court's holding. On July 24, 2017, the Second Circuit vacated the district court's decision and remanded the case, holding that the issue of whether the arbitrator had the power to bind absent class members to class arbitration lacking their consent had not been previously decided. 703 Fed. App'x 15.

Back in the district court, on January 16, 2018 Judge Rakoff held that an arbitrator may not bind non-parties to a class action after a court has determined that an arbitration agreement does not permit class action procedures. 284 F. Supp. 3d. As such, the court vacated the February 2, 2015 order that certified a class of individuals that had not opted into the arbitral proceedings. However, it left intact the class of individuals that had opted in.

The plaintiffs appealed that order and on November 18, 2019, the Second Circuit agreed with them. 942 F.3d 617. The circuit held that absent class members were still bound by the decisions of the arbitrator because of their original decision to sign arbitration agreements.

When the mandate reached the district court, Judge Rakoff remanded the case back to arbitration on January 27, 2021.

On June 9, 2022, the parties announced that they had reached a $1.75 million settlement.

Summary Authors

Jennifer Gitter (3/16/2013)

MJ Koo (3/12/2017)

Keagan Potts (3/20/2019)

Jonah Hudson-Erdman (9/8/2021)

Related Cases

EEOC v. Sterling Jewelers Inc., Western District of New York (2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4343892/parties/jock-v-sterling-jewelers-inc/


Judge(s)

Carney, Susan Laura (Connecticut)

Garaufis, Nicholas (New York)

Hall, Peter W. (Vermont)

Koeltl, John George (New York)

Livingston, Debra Ann (New York)

Lynch, Gerard E. (New York)

Pooler, Rosemary S. (New York)

Rakoff, Jed Saul (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Aziz, Sahar (District of Columbia)

Judge(s)

Carney, Susan Laura (Connecticut)

Garaufis, Nicholas (New York)

Hall, Peter W. (Vermont)

Koeltl, John George (New York)

Livingston, Debra Ann (New York)

Lynch, Gerard E. (New York)

Pooler, Rosemary S. (New York)

Rakoff, Jed Saul (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Aziz, Sahar (District of Columbia)

Cochran, Shaylyn Capri (District of Columbia)

Donnell, Loren B (Florida)

Grant, Lynda J (New York)

Kotagal, Kalpana (District of Columbia)

Richards, John Douglas (New York)

Sellers, Joseph Marc (District of Columbia)

Smith, Sam Jones (Florida)

Warren, Thomas A. (Florida)

Yang, Jenny R. (District of Columbia)

Attorneys(s) for Defendant

Janice, Christina M. (Illinois)

Klein, Jeffrey S. (New York)

Maatman, Gerald L Jr. (Illinois)

Wallin, Mark William (Illinois)

Wozniak, Peter J. (Illinois)

Zashin, Stephen S (Ohio)

Expert/Monitor/Master

Roberts, Kathleen Anne (New York)

Documents in the Clearinghouse

Document

1:08-cv-02875

Docket [PACER]

Jock v. Sterling Jewelers Inc.

May 3, 2021

May 3, 2021

Docket
11

1:08-cv-02875

Plaintiffs' First Amended Class Action Complaint

April 23, 2008

April 23, 2008

Complaint
52

1:08-cv-02875

Order

June 18, 2008

June 18, 2008

Order/Opinion
56

1:08-cv-02875

Memorandum Order

July 15, 2008

July 15, 2008

Order/Opinion
66

1:08-cv-02875

Opinion and Order

Dec. 28, 2009

Dec. 28, 2009

Order/Opinion
85

1:08-cv-02875

Memorandum Order

July 26, 2010

July 26, 2010

Order/Opinion
86

10-00330

Order

U. S. Court of Appeals for the Second Circuit

Aug. 3, 2010

Aug. 3, 2010

Order/Opinion
87

1:08-cv-02875

Order

Aug. 6, 2010

Aug. 6, 2010

Order/Opinion
93

10-00330

Order

U. S. Court of Appeals for the Second Circuit

Aug. 11, 2010

Aug. 11, 2010

Order/Opinion
104

1:08-cv-02875

Memorandum Order

Dec. 10, 2010

Dec. 10, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4343892/jock-v-sterling-jewelers-inc/

Last updated Nov. 21, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Sterling Jewelers, Inc. (Filing Fee $ 350.00, Receipt Number 645158)Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed.(rdz) (Additional attachment(s) added on 3/24/2008: # 1 Supplement) (rdz). (Entered: 03/20/2008)

2 Supplement

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March 18, 2008

March 18, 2008

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Case Designated ECF. (rdz)

March 18, 2008

March 18, 2008

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SUMMONS ISSUED as to Sterling Jewelers, Inc. (rdz)

March 18, 2008

March 18, 2008

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Magistrate Judge Ronald L. Ellis is so designated. (rdz)

March 18, 2008

March 18, 2008

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2

NOTICE OF COURT CONFERENCE, case management conference set for 5/14/08 at 3:45 pm. ( Case Management Conference set for 5/14/2008 at 03:45 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 3/20/08) (cd) (Entered: 03/21/2008)

March 20, 2008

March 20, 2008

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NOTICE of Filing of Consents to Join. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Consent - Susan Ballard, # 2 Consent - Carol King, # 3 Consent - Carolyn Morse, # 4 Consent - Sherry Roberson, # 5 Consent - Sharon Scroggins, # 6 Consent - Tana Shiver)(Yang, Jenny) (Entered: 04/01/2008)

2 Consent - Susan Ballard

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3 Consent - Carol King

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4 Consent - Carolyn Morse

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5 Consent - Sherry Roberson

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6 Consent - Sharon Scroggins

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7 Consent - Tana Shiver

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April 1, 2008

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NOTICE of Filing of Consent to Join. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Consent - Leighla Smith)(Yang, Jenny) (Entered: 04/03/2008)

2 Consent - Leighla Smith

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April 3, 2008

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NOTICE of Notice of Filing. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit Consent to Join for Darlene Cerlanek, # 2 Exhibit Consent to Join for Ellen Hack)(Yang, Jenny) (Entered: 04/14/2008)

2 Exhibit Consent to Join for Darlene Cerlanek

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3 Exhibit Consent to Join for Ellen Hack

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April 14, 2008

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NOTICE of Notice of Filing. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit Consent to Join for Dorelle Raphael-Fishkin)(Yang, Jenny) (Entered: 04/15/2008)

2 Exhibit Consent to Join for Dorelle Raphael-Fishkin

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April 15, 2008

April 15, 2008

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7

MOTION for Joseph M. Sellers to Appear Pro Hac Vice. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed.(dle) (Entered: 04/17/2008)

April 15, 2008

April 15, 2008

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MOTION for Sahar F. Aziz to Appear Pro Hac Vice. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed.(dle) (Entered: 04/17/2008)

April 15, 2008

April 15, 2008

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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/16/2008. (jw)

April 16, 2008

April 16, 2008

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ORDER granting 7 Motion for Joseph M. Sellers to Appear Pro Hac Vice for plaintiffs Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Signed by Judge Jed S. Rakoff on 4/21/08) (db) (Entered: 04/22/2008)

April 21, 2008

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10

ORDER granting 8 Motion for Sahar F. Aziz to Appear Pro Hac Vice for plaintiff's Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Signed by Judge Jed S. Rakoff on 4/21/08) (db) (Entered: 04/22/2008)

April 21, 2008

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Transmission to Attorney Admissions Clerk. Transmitted re: 9 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db)

April 22, 2008

April 22, 2008

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Transmission to Attorney Admissions Clerk. Transmitted re: 10 Order on Motion to Appear Pro Hac Vice to the Attorney Admissions Clerk for updating of Attorney Information. (db)

April 22, 2008

April 22, 2008

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11

PLAINTIFFS' FIRST AMENDED COMPLAINT amending 1 Complaint, against Sterling Jewelers, Inc.Document filed by Kelly Contreras, Leighla Coons, Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. Related document: 1 Complaint, filed by Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Nina Shahmirzadi, Leighla Smith Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Jacquelyn Boyle. (Attachments: # 1 Exhibit, # 2 Exhibit)(dle) (Entered: 04/24/2008)

2 Exhibit

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3 Exhibit

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April 24, 2008

April 24, 2008

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NOTICE of Filing. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith Dawn Souto-Coons, Leighla Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit Consent to Join for Guyer)(Yang, Jenny) (Entered: 04/28/2008)

2 Exhibit Consent to Join for Guyer

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April 28, 2008

April 28, 2008

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NOTICE of Filing. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Leighla Coons, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit Consent to Join for Wendy Hamilton, # 2 Exhibit Consent to Join for Vicki Osborn, # 3 Exhibit Consent to Join for Antoinette Roberts)(Yang, Jenny) (Entered: 04/28/2008)

2 Exhibit Consent to Join for Wendy Hamilton

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3 Exhibit Consent to Join for Vicki Osborn

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4 Exhibit Consent to Join for Antoinette Roberts

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April 28, 2008

April 28, 2008

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MOTION for Thomas A. Warren to Appear Pro Hac Vice. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Leighla Coons, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed.(dle) (Entered: 04/30/2008)

April 29, 2008

April 29, 2008

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MOTION for Sam J. Smith to Appear Pro Hac Vice. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Leighla Coons, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed.(dle) (Entered: 04/30/2008)

April 29, 2008

April 29, 2008

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MOTION for Loren Donnell to Appear Pro Hac Vice. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Leighla Coons, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed.(dle) (Entered: 04/30/2008)

April 29, 2008

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CASHIERS OFFICE REMARK on 10 Order on Motion to Appear Pro Hac Vice, 9 Order on Motion to Appear Pro Hac Vice, in the amount of $50.00, paid on 04/16/2008, Receipt Number 647693. (jd)

April 29, 2008

April 29, 2008

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17

NOTICE OF APPEARANCE by Gerald Leonard Maatman, Jr on behalf of Sterling Jewelers, Inc (Maatman, Gerald) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

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18

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Signet Group plc as Corporate Parent. Document filed by Sterling Jewelers, Inc.(Maatman, Gerald) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

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NOTICE of Filing. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Leighla Coons, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit Consent to Join for Maureen Gianni)(Yang, Jenny) (Entered: 04/30/2008)

2 Exhibit Consent to Join for Maureen Gianni

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April 30, 2008

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***DELETED DOCUMENT. Deleted document number 19 Answer to the Amended Complaint. (jpo)

April 30, 2008

April 30, 2008

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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/1/2008. (jw)

May 1, 2008

May 1, 2008

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21

MOTION Bifurcated Scheduling, Consideration, And Disposition Of Legal Issues Relative To The Workplace Dispute Resolution Agreement Between Each Plaintiff And Defendant. Document filed by Sterling Jewelers, Inc. Return Date set for 6/2/2008 at 04:30 PM.(Maatman, Gerald) (Entered: 05/02/2008)

May 2, 2008

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DECLARATION of Gerald L.Maatman, Jr., Esq. in Support re: 21 MOTION Bifurcated Scheduling, Consideration, And Disposition Of Legal Issues Relative To The Workplace Dispute Resolution Agreement Between Each Plaintiff And Defendant.. Document filed by Sterling Jewelers, Inc. (Maatman, Gerald) (Entered: 05/02/2008)

May 2, 2008

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MEMORANDUM OF LAW in Support re: 21 MOTION Bifurcated Scheduling, Consideration, And Disposition Of Legal Issues Relative To The Workplace Dispute Resolution Agreement Between Each Plaintiff And Defendant.. Document filed by Sterling Jewelers, Inc. (Maatman, Gerald) (Entered: 05/02/2008)

May 2, 2008

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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/2/2008. (jw)

May 2, 2008

May 2, 2008

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NOTICE of Filing for Consents to Join for Susan Bailey, Duana ConGin and Katie Jennings. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Leighla Coons, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit Consent to Join for Susan Bailey, # 2 Exhibit Consent to Join for Duana ConGin, # 3 Exhibit Consent to Join for Katie Jennings)(Yang, Jenny) (Entered: 05/05/2008)

2 Exhibit Consent to Join for Susan Bailey

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3 Exhibit Consent to Join for Duana ConGin

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4 Exhibit Consent to Join for Katie Jennings

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May 5, 2008

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MOTION to Compel Arbitration and Stay Litigation. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Leighla Coons, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. Return Date set for 5/19/2008 at 05:00 PM.(Sellers, Joseph) (Entered: 05/05/2008)

May 5, 2008

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MEMORANDUM OF LAW in Support re: 25 MOTION to Compel Arbitration and Stay Litigation.. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Leighla Coons, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Sellers, Joseph) (Entered: 05/05/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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May 5, 2008

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CASHIERS OFFICE REMARK on 15 Motion to Appear Pro Hac Vice, 16 Motion to Appear Pro Hac Vice, in the amount of $50.00, paid on 4/29/08, Receipt Number 649262. (Quintero, Marcos)

May 6, 2008

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CASHIERS OFFICE REMARK on 14 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 4/29/08, Receipt Number 649273. (Quintero, Marcos)

May 6, 2008

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ORDER granting 15 Motion for Sam J. Smith to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/4/2008) (jpo) (Entered: 05/07/2008)

May 7, 2008

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ORDER granting 16 Motion for Loren Donnell to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/4/2008) (jpo) (Entered: 05/07/2008)

May 7, 2008

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ORDER granting 14 Motion for Thomas A. Warren to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/4/2008) (jpo) (Entered: 05/07/2008)

May 7, 2008

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ORDER: The Clerk is directed to remove from the Court's electronic filing system Document #19, "Answer to Amended Complaint, Counterclaim Against All Parties," and all exhibits thereto, as plaintiffs have brought to the Court's attention that certain exhibits contain confidential information. Plaintiffs are immediately directed to refile Document #19 and the accompanying exhibits with all confidential information redacted. The Court will deem such filing to have been lade nunc pro tunc on April 30, 2008 the date that Document #19 originally was filed. (Signed by Judge Jed S. Rakoff on 5/6/2008) (jpo) (Entered: 05/07/2008)

May 7, 2008

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ANSWER to Amended Complaint., COUNTERCLAIM against all plaintiffs. Document filed by Sterling Jewelers, Inc. (Attachments: # 1 Exhibit A to Answer, # 2 Exhibit B to Answer, # 3 Exhibit C to Answer, # 4 Exhibit D to Answer, # 5 Exhibit E to Answer, # 6 Exhibit F to Answer, # 7 Exhibit G to Answer, # 8 Exhibit H to Answer, # 9 Exhibit I to Answer, # 10 Exhibit J to Answer, # 11 Exhibit K to Answer, # 12 Exhibit L to Answer, # 13 Exhibit M to Answer, # 14 Exhibit N to Answer, # 15 Exhibit O to Answer, # 16 Exhibit P to Answer, # 17 Exhibit Q to Answer, # 18 Exhibit R to Answer, # 19 Exhibit S to Answer, # 20 Exhibit T to Answer, # 21 Exhibit U to Answer, # 22 Exhibit V to Answer, # 23 Exhibit W to Answer, # 24 Exhibit X to Answer)(Maatman, Gerald) (Entered: 05/07/2008)

2 Exhibit A to Answer

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3 Exhibit B to Answer

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4 Exhibit C to Answer

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5 Exhibit D to Answer

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6 Exhibit E to Answer

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7 Exhibit F to Answer

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8 Exhibit G to Answer

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9 Exhibit H to Answer

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10 Exhibit I to Answer

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11 Exhibit J to Answer

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12 Exhibit K to Answer

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13 Exhibit L to Answer

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14 Exhibit M to Answer

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15 Exhibit N to Answer

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16 Exhibit O to Answer

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17 Exhibit P to Answer

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18 Exhibit Q to Answer

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19 Exhibit R to Answer

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20 Exhibit S to Answer

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21 Exhibit T to Answer

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22 Exhibit U to Answer

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23 Exhibit V to Answer

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24 Exhibit W to Answer

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25 Exhibit X to Answer

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May 7, 2008

May 7, 2008

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Transmission to Attorney Admissions Clerk. Transmitted re: 29 Order on Motion to Appear Pro Hac Vice, 28 Order on Motion to Appear Pro Hac Vice, 27 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo)

May 7, 2008

May 7, 2008

PACER
32

NOTICE of of Filing Consent to Join Forms Under the Fair Labor Standards Act, 29 U.S.C. Section 216(b). Document filed by Laryssa Jock. (Attachments: # 1 N. Areena CTJ, # 2 E. Caldwell CTJ, # 3 K. Christy CTJ, # 4 S. Crump CTJ, # 5 F. Droz-Schwartz CTJ, # 6 D. Gold CTJ, # 7 A. Kalemba CTJ, # 8 J. Molina CTJ, # 9 B. Roy CTJ)(Smith, Sam) (Entered: 05/16/2008)

2 N. Areena CTJ

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3 E. Caldwell CTJ

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4 K. Christy CTJ

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5 S. Crump CTJ

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6 F. Droz-Schwartz CTJ

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7 D. Gold CTJ

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8 A. Kalemba CTJ

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9 J. Molina CTJ

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10 B. Roy CTJ

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May 16, 2008

May 16, 2008

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33

MEMORANDUM OF LAW in Opposition re: 21 MOTION Bifurcated Scheduling, Consideration, And Disposition Of Legal Issues Relative To The Workplace Dispute Resolution Agreement Between Each Plaintiff And Defendant.. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit A - Supplementary Rules for Class Arbitrations, # 2 Exhibit B - House Arbitration Agreement, # 3 Exhibit C - Farsi Arbitration Agreement, # 4 Exhibit D - JS 5.1.08 Email to Maatman)(Sellers, Joseph) (Entered: 05/16/2008)

2 Exhibit A - Supplementary Rules for Class Arbitrations

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3 Exhibit B - House Arbitration Agreement

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4 Exhibit C - Farsi Arbitration Agreement

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5 Exhibit D - JS 5.1.08 Email to Maatman

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May 16, 2008

May 16, 2008

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34

MEMORANDUM OF LAW in Opposition re: 25 MOTION to Compel Arbitration and Stay Litigation.. Document filed by Sterling Jewelers, Inc. (Maatman, Gerald) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

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35

DECLARATION of Gerald L. Maatman, Jr. in Opposition re: 25 MOTION to Compel Arbitration and Stay Litigation.. Document filed by Sterling Jewelers, Inc. (Attachments: # 1 Certificate of Service)(Maatman, Gerald) (Entered: 05/19/2008)

2 Certificate of Service

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May 19, 2008

May 19, 2008

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36

ANSWER to Amended Complaint., COUNTERCLAIM against all plaintiffs. Document filed by Sterling Jewelers, Inc. Related document: 11 Amended Complaint,, filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Leighla Coons, Nina Shahmirzadi, Jacquelyn Boyle. (Attachments: # 1 Exhibit A to Answer, # 2 Exhibit B to Answer, # 3 Exhibit C to Answer, # 4 Exhibit D to Answer, # 5 Exhibit E to Answer, # 6 Exhibit F to Answer, # 7 Exhibit G to Answer, # 8 Exhibit H to Answer, # 9 Exhibit I to Answer, # 10 Exhibit J to Answer, # 11 Exhibit K to Answer, # 12 Exhibit L to Answer, # 13 Exhibit M to Answer, # 14 Exhibit N to Answer, # 15 Exhibit O to Answer, # 16 Exhibit P to Answer, # 17 Exhibit Q to Answer, # 18 Exhibit R to Answer, # 19 Exhibit S to Answer, # 20 Exhibit T to Answer, # 21 Exhibit U to Answer, # 22 Exhibit V to Answer, # 23 Exhibit W to Answer, # 24 Exhibit X to Answer)(Maatman, Gerald) (Entered: 05/20/2008)

2 Exhibit A to Answer

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3 Exhibit B to Answer

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4 Exhibit C to Answer

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5 Exhibit D to Answer

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6 Exhibit E to Answer

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7 Exhibit F to Answer

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8 Exhibit G to Answer

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9 Exhibit H to Answer

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10 Exhibit I to Answer

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11 Exhibit J to Answer

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12 Exhibit K to Answer

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13 Exhibit L to Answer

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14 Exhibit M to Answer

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15 Exhibit N to Answer

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16 Exhibit O to Answer

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17 Exhibit P to Answer

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18 Exhibit Q to Answer

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19 Exhibit R to Answer

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20 Exhibit S to Answer

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21 Exhibit T to Answer

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22 Exhibit U to Answer

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23 Exhibit V to Answer

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24 Exhibit W to Answer

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25 Exhibit X to Answer

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May 20, 2008

May 20, 2008

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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/20/2008. (ja)

May 20, 2008

May 20, 2008

PACER
37

NOTICE of of Motion to Strike Counterclaims From the Pleadings Pursuant to Rule 12(f), or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6). Document filed by Laryssa Jock. (Smith, Sam) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

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38

MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6). Document filed by Laryssa Jock. Responses due by 6/2/2008(Smith, Sam) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

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39

MEMORANDUM OF LAW in Support re: 38 MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6). MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6).. Document filed by Laryssa Jock. (Attachments: # 1 Exh. A - Weed ltr to parties, # 2 Exh B - Maatman ltr to Sellers)(Smith, Sam) (Entered: 05/22/2008)

2 Exh. A - Weed ltr to parties

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3 Exh B - Maatman ltr to Sellers

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May 22, 2008

May 22, 2008

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40

REPLY MEMORANDUM OF LAW in Support re: 21 MOTION Bifurcated Scheduling, Consideration, And Disposition Of Legal Issues Relative To The Workplace Dispute Resolution Agreement Between Each Plaintiff And Defendant.. Document filed by Sterling Jewelers, Inc. (Attachments: # 1 Certificate of Service)(Maatman, Gerald) (Entered: 05/23/2008)

2 Certificate of Service

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May 23, 2008

May 23, 2008

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41

NOTICE OF APPEARANCE by Stephen S. Zashin on behalf of Sterling Jewelers, Inc (Zashin, Stephen) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

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42

REPLY to Response to Motion re: 25 MOTION to Compel Arbitration and Stay Litigation.. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit A - Email correspondence between J. Sellers and G. Maatman, # 2 Exhibit B - 04.15.08 Letter to J. Spagnola from S. Smith)(Sellers, Joseph) (Entered: 05/27/2008)

2 Exhibit A - Email correspondence between J. Sellers and G. Maatman

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3 Exhibit B - 04.15.08 Letter to J. Spagnola from S. Smith

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May 27, 2008

May 27, 2008

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43

REPLY AFFIDAVIT of Joseph M. Sellers in Support re: 25 MOTION to Compel Arbitration and Stay Litigation.. Document filed by Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Sellers, Joseph) (Entered: 05/27/2008)

May 27, 2008

May 27, 2008

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44

NOTICE of Filing Consent to Join Forms Under the Fair Labor Standards Act, 29 U.S.C. Section 216(b). Document filed by Laryssa Jock. (Attachments: # 1 K Kopacka CTJ, # 2 A Temples CTJ)(Smith, Sam) (Entered: 05/30/2008)

2 K Kopacka CTJ

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3 A Temples CTJ

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May 30, 2008

May 30, 2008

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45

DECLARATION of Gerald A. Maatman, Jr. in Opposition re: 38 MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6). MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6).. Document filed by Sterling Jewelers, Inc. (Attachments: # 1 Exhibit A to Declaration)(Maatman, Gerald) (Entered: 06/02/2008)

2 Exhibit A to Declaration

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June 2, 2008

June 2, 2008

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46

MEMORANDUM OF LAW in Opposition re: 38 MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6). MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6). dated 6/2/08. Document filed by Sterling Jewelers, Inc. (Maatman, Gerald) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

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47

NOTICE of Filing Consent to Join Forms Under the Fair Labor Standards Act, 29 U.S.C. Section 216(b). Document filed by Laryssa Jock. (Attachments: # 1 V DeMarco CTJ, # 2 C Malone CTJ)(Smith, Sam) (Entered: 06/06/2008)

2 V DeMarco CTJ

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3 C Malone CTJ

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June 6, 2008

June 6, 2008

RECAP
48

REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6). MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6).. Document filed by Laryssa Jock. (Smith, Sam) (Entered: 06/09/2008)

June 9, 2008

June 9, 2008

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49

REPORT of Rule 26(f) Planning Meeting.(Sellers, Joseph) (Entered: 06/09/2008)

June 9, 2008

June 9, 2008

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50

NOTICE of Filing Consent to Join Forms Under the Fair Labor Standards Act, 29 U.S.C. Section 216(b). Document filed by Laryssa Jock. (Attachments: # 1 L Follett - CTJ, # 2 C Gorham - CTJ)(Smith, Sam) (Entered: 06/16/2008)

2 L Follett - CTJ

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3 C Gorham - CTJ

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June 16, 2008

June 16, 2008

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51

TRANSCRIPT of proceedings held on 6/12/08 before Judge Jed S. Rakoff. (ama) (Entered: 06/18/2008)

June 18, 2008

June 18, 2008

PACER
52

ORDER: Plaintiffs' motion to refer to arbitration is granted; defendant's motion for bifurcated scheduling is denied; and plaintiffs' motion to strike is denied as moot. The Court hereby refers this dispute to arbitration pursuant to RESOLVE, defendant's workplace alternative dispute resolution program, and stays the instant action for all purposes. The Clerk of the Court is directed to place this action on the Suspense calendar. An opinion setting forth the reasons for this ruling will follow in due course. So Ordered. (Signed by Judge Jed S. Rakoff on 6/18/08) (js) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

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53

BRIEF seeking certification for interlocutory appeal. Document filed by Sterling Jewelers, Inc.(Maatman, Gerald) (Entered: 07/03/2008)

July 3, 2008

July 3, 2008

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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/3/2008. (jmi)

July 3, 2008

July 3, 2008

PACER
54

TRANSCRIPT of proceedings held on 6/12/08 before Judge Jed S. Rakoff. (ama) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

PACER
55

OPPOSITION BRIEF re: 53 Brief Requesting 1292(b) Certification and Stay. Document filed by Laryssa Jock.(Smith, Sam) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

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56

MEMORANDUM ORDER For the reasons set forth in this order, the court reaffirms its June 18 rulings, denies the motion for certification, and directs the clerk to place this case on the courts suspense calendar pending conclusion of the arbitration. (Signed by Judge Jed S. Rakoff on 7/15/08) (mme) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/29/2009. (tro)

June 29, 2009

June 29, 2009

PACER
57

MOTION to Vacate Arbitration Award or Stay the Proceeding. Document filed by Sterling Jewelers, Inc. Return Date set for 7/28/2009 at 11:30 AM.(Maatman, Gerald) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER
58

MEMORANDUM OF LAW in Support re: 57 MOTION to Vacate Arbitration Award or Stay the Proceeding.. Document filed by Sterling Jewelers, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C part 1 of 4, # 4 Exhibit C part 2 of 4, # 5 Exhibit C part 3 of 4, # 6 Exhibit C part 4 of 4, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K)(Maatman, Gerald) (Entered: 06/30/2009)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C part 1 of 4

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5 Exhibit C part 2 of 4

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6 Exhibit C part 3 of 4

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7 Exhibit C part 4 of 4

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8 Exhibit D

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9 Exhibit E

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10 Exhibit F

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11 Exhibit G

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12 Exhibit H

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13 Exhibit I

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14 Exhibit J

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15 Exhibit K

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June 30, 2009

June 30, 2009

PACER
59

NOTICE OF APPEARANCE by John Douglas Richards on behalf of Laryssa Jock (Attachments: # 1 Certificate of Service)(Richards, John) (Entered: 07/09/2009)

2 Certificate of Service

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July 9, 2009

July 9, 2009

PACER
60

RESPONSE in Opposition re: 57 MOTION to Vacate Arbitration Award or Stay the Proceeding.. Document filed by Laryssa Jock. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Certificate of Service)(Sellers, Joseph) (Entered: 07/14/2009)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Certificate of Service

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July 14, 2009

July 14, 2009

PACER
61

ENDORSED LETTER addressed to Judge Jed. S. Rakoff from Jenny R. Yang dated 7/13/09 re: Counsel for Plaintiffs seek the withdrawal of Sahar Aziz and Lynda Grant as attorneys of record for the Names Plaintiffs, herein. ENDORSEMENT: SO ORDERED. Attorney Sahar Aziz and Lynda J. Grant terminated. (Signed by Judge Jed S. Rakoff on 7/13/09) (tro) (Entered: 07/17/2009)

July 17, 2009

July 17, 2009

PACER
62

REPLY MEMORANDUM OF LAW in Support re: 57 MOTION to Vacate Arbitration Award or Stay the Proceeding.. Document filed by Sterling Jewelers, Inc. (Maatman, Gerald) (Entered: 07/21/2009)

July 21, 2009

July 21, 2009

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 7/28/2009 re: Motion to vacate arbitration award. Decision reserved. (mro)

July 28, 2009

July 28, 2009

PACER
63

TRANSCRIPT of proceedings held on 7/28/09 before Judge Jed S. Rakoff. (pl) Modified on 8/30/2010 (pl). (Entered: 08/20/2009)

Aug. 12, 2009

Aug. 12, 2009

PACER
64

ORDER denying 57 Motion to Vacate Arbitration. On June 30, 2009, defendant in this action moved to vacate the arbitrator's clause construction award or, in the alternative, to stay the proceedings. Defendant's motion is hereby denied in its entirety. An opinion setting forth the reasons for this determination will issue promptly. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/31/2009) (tve) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/29/2009. (mro)

Sept. 29, 2009

Sept. 29, 2009

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/30/2009. (mbe)

Sept. 30, 2009

Sept. 30, 2009

PACER
65

ORDER: The Court hereby clarifies that no final judgment will be entered in this case until the court issues its opinion and that the time to appeal runs from the time final judgment is entered. So Ordered (Signed by Judge Jed S. Rakoff on 9/30/09) (js) (Entered: 10/01/2009)

Oct. 1, 2009

Oct. 1, 2009

PACER
66

OPINION AND ORDER:#98407 The Court therefore reaffirms its August 31 ruling and denies the motion to vacate the arbitrators ruling or stay the arbitration proceedings. The parties are, however, directed to apprise the Court in writing, every three months beginning January 15, 2010, of the status of the arbitration. (Signed by Judge Jed S. Rakoff on 12/28/2009) (jpo) Modified on 12/31/2009 (ajc). (Entered: 12/30/2009)

Dec. 30, 2009

Dec. 30, 2009

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67

STATUS REPORT. (Parties' First Arbitration Status Report) Document filed by Linda Rhodes, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Dawn Souto-Coons, Marie Wolf, Sterling Jewelers, Inc, Laryssa Jock, Christy Chadwick, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit 1 - Case Management Order, # 2 Certificate of Service)(Yang, Jenny) (Entered: 01/15/2010)

2 Exhibit 1 - Case Management Order

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3 Certificate of Service

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Jan. 15, 2010

Jan. 15, 2010

PACER
68

NOTICE OF APPEAL from 66 Memorandum & Opinion. Document filed by Sterling Jewelers, Inc. Filing fee $ 455.00, receipt number E 892617. (nd) (Entered: 01/27/2010)

Jan. 26, 2010

Jan. 26, 2010

PACER

Transmission of Notice of Appeal to the District Judge re: 68 Notice of Appeal. (nd)

Jan. 27, 2010

Jan. 27, 2010

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 68 Notice of Appeal. (nd)

Jan. 27, 2010

Jan. 27, 2010

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 41 Notice of Appearance filed by Sterling Jewelers, Inc, 56 Memorandum & Opinion, 22 Declaration in Support of Motion, filed by Sterling Jewelers, Inc, 62 Reply Memorandum of Law in Support of Motion filed by Sterling Jewelers, Inc, 20 Notice (Other), Notice (Other) filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 38 MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6). MOTION to Strike Document No. [36 (Counterclaims)] from the Pleadings Pursuant to Rule 12(f) or, in the Alternative, Motion to Dismiss Counterclaims Pursuant to Rule 12(b)(6). filed by Laryssa Jock, 53 Brief filed by Sterling Jewelers, Inc, 11 Amended Complaint,, filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 61 Endorsed Letter, Add and Terminate Attorneys,, 49 Rule 26(f) Discovery Plan Report, 68 Notice of Appeal filed by Sterling Jewelers, Inc, 42 Reply to Response to Motion,, filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 7 MOTION for Joseph M. Sellers to Appear Pro Hac Vice. filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Nina Shahmirzadi, Jacquelyn Boyle, 64 Order on Motion to Vacate Arbitration, 26 Memorandum of Law in Support of Motion,, filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 4 Notice (Other), Notice (Other) filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Nina Shahmirzadi, Jacquelyn Boyle, 39 Memorandum of Law in Support of Motion,, filed by Laryssa Jock, 52 Order on Motion for Miscellaneous Relief, Order on Motion to Compel Arbitration, Order on Motion to Strike,,,,,, 35 Declaration in Opposition to Motion filed by Sterling Jewelers, Inc, 23 Memorandum of Law in Support of Motion, filed by Sterling Jewelers, Inc, 1 Complaint, filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Nina Shahmirzadi, Jacquelyn Boyle, 57 MOTION to Vacate Arbitration Award or Stay the Proceeding. filed by Sterling Jewelers, Inc, 15 MOTION for Sam J. Smith to Appear Pro Hac Vice. filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 5 Notice (Other), Notice (Other) filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Nina Shahmirzadi, Jacquelyn Boyle, 33 Memorandum of Law in Opposition to Motion,, filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 34 Memorandum of Law in Opposition to Motion filed by Sterling Jewelers, Inc, 14 MOTION for Thomas A. Warren to Appear Pro Hac Vice. filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 50 Notice (Other) filed by Laryssa Jock, 8 MOTION for Sahar F. Aziz to Appear Pro Hac Vice. filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Nina Shahmirzadi, Jacquelyn Boyle, 30 Order,, 3 Notice (Other), Notice (Other) filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Nina Shahmirzadi, Jacquelyn Boyle, 28 Order on Motion to Appear Pro Hac Vice, 66 Memorandum & Opinion, 43 Reply Affidavit in Support of Motion, filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 31 Answer to Complaint, Counterclaim,,,,,, filed by Sterling Jewelers, Inc, 10 Order on Motion to Appear Pro Hac Vice, 59 Notice of Appearance filed by Laryssa Jock, 17 Notice of Appearance filed by Sterling Jewelers, Inc, 67 Status Report, filed by Leighla Smith, Maria House, Sterling Jewelers, Inc, Marie Wolf, Lisa McConnell, Judy Reed, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, 18 Rule 7.1 Corporate Disclosure Statement filed by Sterling Jewelers, Inc, 16 MOTION for Loren Donnell to Appear Pro Hac Vice. filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 9 Order on Motion to Appear Pro Hac Vice, 48 Reply Memorandum of Law in Support of Motion, filed by Laryssa Jock, 40 Reply Memorandum of Law in Support of Motion, filed by Sterling Jewelers, Inc, 37 Notice (Other) filed by Laryssa Jock, 13 Notice (Other), Notice (Other) filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 12 Notice (Other), Notice (Other) filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 6 Notice (Other), Notice (Other) filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Nina Shahmirzadi, Jacquelyn Boyle, 45 Declaration in Opposition to Motion,, filed by Sterling Jewelers, Inc, 32 Notice (Other), Notice (Other) filed by Laryssa Jock, 29 Order on Motion to Appear Pro Hac Vice, 44 Notice (Other) filed by Laryssa Jock, 24 Notice (Other), Notice (Other), Notice (Other) filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 58 Memorandum of Law in Support of Motion, filed by Sterling Jewelers, Inc, 36 Answer to Amended Complaint, Counterclaim,,,,,,,, filed by Sterling Jewelers, Inc, 2 Order, Set Deadlines/Hearings,, 46 Memorandum of Law in Opposition to Motion, filed by Sterling Jewelers, Inc, 55 Opposition Brief filed by Laryssa Jock, 47 Notice (Other) filed by Laryssa Jock, 25 MOTION to Compel Arbitration and Stay Litigation. filed by Leighla Smith, Maria House, Marie Wolf, Lisa McConnell, Judy Reed, Lisa Follett, Dawn Souto-Coons, Linda Rhodes, Christy Chadwick, Laryssa Jock, Denise Maddox, Khristina Rodriguez, Gloria Pagan, Kelly Contreras, Nina Shahmirzadi, Jacquelyn Boyle, 65 Order, 27 Order on Motion to Appear Pro Hac Vice, 60 Response in Opposition to Motion, filed by Laryssa Jock, 21 MOTION Bifurcated Scheduling, Consideration, And Disposition Of Legal Issues Relative To The Workplace Dispute Resolution Agreement Between Each Plaintiff And Defendant. filed by Sterling Jewelers, Inc USCA Case Number 10-0533, were transmitted to the U.S. Court of Appeals. (nd)

March 10, 2010

March 10, 2010

PACER
69

First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 68 Notice of Appeal filed by Sterling Jewelers, Inc USCA Case Number 10-0330, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 03/12/2010)

March 11, 2010

March 11, 2010

PACER
70

STATUS REPORT. Parties' Second Arbitration Status Report Document filed by Linda Rhodes, Nina Shahmirzadi, Leighla Smith, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Christy Chadwick, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed.(Sellers, Joseph) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/3/2010. (mro)

May 3, 2010

May 3, 2010

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/11/2010. (mro)

May 11, 2010

May 11, 2010

PACER
71

MEMORANDUM ORDER: Accordingly, Sterling is directed to file its moving papers by no later than May 13, 2010, plaintiffs must file their answering papers by May 28, 2010, and Sterling must file its reply papers by June 11, 2010. Oral argument on this motion will be held on June 30, 2010, at 5:00 p.m. in Courtroom 14B at 500 Pearl Street, New York, NY. (Signed by Judge Jed S. Rakoff on 5/11/2010) (jfe) (Entered: 05/12/2010)

May 12, 2010

May 12, 2010

PACER
72

MOTION Relief from the Court's December 28, 2009 Order re: 66 Memorandum & Opinion, /Notice of Motion. Document filed by Sterling Jewelers, Inc.(Maatman, Gerald) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
73

MEMORANDUM OF LAW in Support re: 72 MOTION Relief from the Court's December 28, 2009 Order re: 66 Memorandum & Opinion, /Notice of Motion.. Document filed by Sterling Jewelers, Inc. (Attachments: # 1 Exhibit A - AAA Clause Construction Award Of Arbitrator (Dated June 1, 2009), # 2 Exhibit B - Plaintiffs' Correspondence To Judge Rakoff (Dated May 7, 2010))(Maatman, Gerald) (Entered: 05/13/2010)

2 Exhibit A - AAA Clause Construction Award Of Arbitrator (Dated June 1, 2009)

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3 Exhibit B - Plaintiffs' Correspondence To Judge Rakoff (Dated May 7, 2010)

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May 13, 2010

May 13, 2010

PACER
74

TRUE COPY ORDER of USCA as to 68 Notice of Appeal filed by Sterling Jewelers, Inc USCA Case Number 10-0330. IT IS HEREBY ORDERED that Appellant's motion to hold the appeal in abeyance is GRANTED. Within 7 days of district court's decision of the pending motions, Appellant must notify the Second Circuit as to whether Appellant intends to go forward with briefing in this appeal. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 05/26/2010. (nd) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER

Transmission of USCA Mandate/Order to the District Judge re: 74 USCA Order,. (nd)

May 26, 2010

May 26, 2010

PACER
75

RESPONSE to Motion re: 72 MOTION Relief from the Court's December 28, 2009 Order re: 66 Memorandum & Opinion, /Notice of Motion. Plaintiffs' Response to Defendant's Motion for Relief from the Court's December 28, 2009 Order. Document filed by Linda Rhodes, Nina Shahmirzadi, Leighla Smith, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Christy Chadwick, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed. (Attachments: # 1 Exhibit Ex. 1 Respondent's Clause Construction Brief, # 2 Exhibit Ex. 2 Claimants' Clause Construction Response, # 3 Exhibit Ex 3 Clause Construction Award, # 4 Exhibit Ex 4 McConnell RESOLVE Agreement, # 5 Exhibit Ex 5 Cole and Long John Silvers, # 6 Exhibit Ex 6 Levitt and Lipper, # 7 Exhibit Ex 7 Warrior and FFE, # 8 Exhibit Ex 8 Claimants' Clause Construction Opening Brief, # 9 Exhibit Ex 9 Sidhu and GMRI, # 10 Exhibit Ex 10 Respondent's Reply on Clause Construction, # 11 Exhibit Ex 11 Arbitration Hearing Transcript, # 12 Exhibit Ex 12 Hoffman and Arthur Anderson, # 13 Exhibit Ex 13 Kay Jewelers Credit Agreement, # 14 Exhibit Ex 14 Disposition of Application for Clarification, # 15 Certificate of Service)(Sellers, Joseph) (Entered: 05/28/2010)

2 Exhibit Ex. 1 Respondent's Clause Construction Brief

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3 Exhibit Ex. 2 Claimants' Clause Construction Response

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4 Exhibit Ex 3 Clause Construction Award

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5 Exhibit Ex 4 McConnell RESOLVE Agreement

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6 Exhibit Ex 5 Cole and Long John Silvers

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7 Exhibit Ex 6 Levitt and Lipper

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8 Exhibit Ex 7 Warrior and FFE

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9 Exhibit Ex 8 Claimants' Clause Construction Opening Brief

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10 Exhibit Ex 9 Sidhu and GMRI

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11 Exhibit Ex 10 Respondent's Reply on Clause Construction

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12 Exhibit Ex 11 Arbitration Hearing Transcript

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13 Exhibit Ex 12 Hoffman and Arthur Anderson

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14 Exhibit Ex 13 Kay Jewelers Credit Agreement

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15 Exhibit Ex 14 Disposition of Application for Clarification

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16 Certificate of Service

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May 28, 2010

May 28, 2010

PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/2/2010. (mro)

June 2, 2010

June 2, 2010

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: March 18, 2008

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The complaint named as the plaintiff class current and former Sterling female employees harmed by sex and age discrimination.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Sterling Jewelers, Inc, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Equal Pay Act, 29 U.S.C. § 206(d)

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

Special Case Type(s):

Non-court arbitration/mediation

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Attorneys fees

Source of Relief:

None yet

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Pay / Benefits

Promotion

Discrimination-basis:

Age discrimination

Sex discrimination

Affected Gender:

Female