Case: Kosen v. American Express Financial Advisors, Inc.

1:02-cv-00082 | U.S. District Court for the District of Columbia

Filed Date: Jan. 17, 2002

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On January 17, 2002, a class action suit was brought in the United States District Court for the District of Columbia under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., and the Equal Pay Act of 1963, 29 U.S.C. § 206(d) et seq. Plaintiffs, represented by private counsel, were former financial advisors and financial advisor applicants of Defendant American Express Financial Advisors, Inc. and its affili…

On January 17, 2002, a class action suit was brought in the United States District Court for the District of Columbia under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., and the Equal Pay Act of 1963, 29 U.S.C. § 206(d) et seq. Plaintiffs, represented by private counsel, were former financial advisors and financial advisor applicants of Defendant American Express Financial Advisors, Inc. and its affiliates ("Amex"); they also represented a class of women similarly situated. Plaintiffs contended that Amex systematically denied women, especially those over the age of forty, equal employment opportunities with respect to hiring financial advisors and promoting them to other more prestigious positions. Plaintiffs sought both injunctive relief and damages.

Specifically, Plaintiffs claimed that the discriminatory practices stemmed from a stereotype pervasive within Amex that only young males could be successful in the financial planning business. This attitude was displayed by Amex in several ways: its failure to hire qualified females as financial advisors; assigning to female financial advisors less favorable lucrative accounts and valuable leads; and providing them less favorable mentoring and training opportunities compared to their male counterparts. For those females in financial advisor positions, this environment often resulted in their failure to meet quotas and subsequent discharge. Further, many of the advisors who complained of the discrimination were allegedly retaliated against with termination.

On January 23, 2002, an extensive consent decree was agreed upon between the parties, who had been negotiating for two years even prior to the filing of the complaint. The decree delineated two classes: (1) All women employed by Amex as financial advisors at any time after December 8, 1998, and (2) All women who applied to work for Amex with and who were rejected for positions as financial advisors at any time after December 8, 1998. The decree granted injunctive relief for both classes, as well as monetary relief for first class. As part of the injunctive relief, Amex was required to employ a "Field Diversity Officer" to enforce the provisions of the decree, as well as to make recommendations on diversity practices. Furthermore, Amex was to conduct annual diversity training for both its financial advisors and employee leaders. The decree also mandated Amex create guidelines addressing diversity for hiring, leads and marketing opportunities, account assignments, promotions, mentoring, and terminations. In regards to monetary relief, Amex was to pay $31 million into a settlement fund. This fund included compensation for named Plaintiffs, as well as for class claimants that applied for an award. The decree included the appointment of a special master to oversee future proceedings, and it was to remain in effect for a period of four years after its court approval.

The District Court (Judge Henry H. Kennedy) preliminarily approved the decree as written on March 20, 2002. The court also preliminarily approved the classes, pending their notification by mail and publication.

On June 16, 2002, the District Court (Judge Kennedy) officially approved the consent decree and certified the classes.

This did not end the litigation, as over several years multiple parties made motions to enforce the decree for the disbursement of funds. The last activity according to the PACER docket was July 15, 2005.

Summary Authors

Adam Teitelbaum (3/24/2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8046860/parties/kosen-v-american-express-financial-advisors-inc/


Judge(s)

Kennedy, Henry Harold Jr. (District of Columbia)

Attorneys(s) for Plaintiff

Lieder, Michael D. (District of Columbia)

Miller, Nancy J. (Minnesota)

O'Brien, Maurice W. (Minnesota)

Schaefer, Lawrence P. (Minnesota)

Sprenger, Steve M (District of Columbia)

Stokes, Susan E. (Minnesota)

Thompson, Mara R (Minnesota)

Attorneys(s) for Defendant

Bedell, Kevin B. (Virginia)

Magid, Creighton R. (District of Columbia)

Judge(s)

Kennedy, Henry Harold Jr. (District of Columbia)

Attorneys(s) for Plaintiff

Lieder, Michael D. (District of Columbia)

Miller, Nancy J. (Minnesota)

O'Brien, Maurice W. (Minnesota)

Schaefer, Lawrence P. (Minnesota)

Sprenger, Steve M (District of Columbia)

Stokes, Susan E. (Minnesota)

Thompson, Mara R (Minnesota)

Attorneys(s) for Defendant

Bedell, Kevin B. (Virginia)

Magid, Creighton R. (District of Columbia)

Symchych, Janice M. (Minnesota)

Taylor, Ralph A. (District of Columbia)

Thoresen, Ahna M. (Minnesota)

Other Attorney(s)

Campbell, Thomas McDonald (New York)

Davenport, Linda (South Carolina)

Documents in the Clearinghouse

Document

1:02-cv-00082

Civil Docket [PACER]

July 15, 2005

July 15, 2005

Docket
1

1:02-cv-00082

Complaint

Kosen v. American Express Financial Advisors Inc.

Jan. 17, 2002

Jan. 17, 2002

Complaint
4

1:02-cv-00082

Consent Decree

Jan. 23, 2002

Jan. 23, 2002

Settlement Agreement
10

1:02-cv-00082

ORDER PRELIMINARILY APPROVING CONSENT DECREE AND DIRECTING NOTICE TO CLASS MEMBERS

Kosen v. AMERICAN EXPRESS FINANCIAL ADVISORS, INC.

March 20, 2002

March 20, 2002

Settlement Agreement
15

1:02-cv-00082

Order Approving Consent Decree

June 16, 2002

June 16, 2002

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8046860/kosen-v-american-express-financial-advisors-inc/

Last updated Aug. 7, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION, IDS FINANCIAL SERVICES, INC., IDS LIFE INSURANCE, INC. ( Filing fee $150 ). Filed by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY. (cdw, ) (Entered: 01/22/2002)

Jan. 17, 2002

Jan. 17, 2002

RECAP

SUMMONS (5)Issued as to AMERICAN EXPRESS COMPANY ; AMERICAN EXPRESS FINANCIAL ADVISORS INC. ; AMERICAN EXPRESS FINANCIAL CORPORATION ; IDS FINANCIAL SERVICES, INC. ; IDS LIFE INSURANCE, INC. (cdw, )

Jan. 17, 2002

Jan. 17, 2002

PACER
2

LCvR 26.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by plaintiffs (cdw, ) (Entered: 01/22/2002)

Jan. 17, 2002

Jan. 17, 2002

PACER
3

MOTION for Leave to Appear Pro Hac Vice by Lawrence P. Schaefer, Susan E. Stokes, and Mara R. Thompson of SPRENGER & LANG, PLLC; 325 Ridgewood Avenue; Minneapolis, MN 55403 (614) 871-8910; and for Maurice William O'Brien and Nancy J. Miller of MILLER-O'BRIEN, PLLC; 1208 Plymouth Building; 12 South Sixth Street; Minneapolis, MN 55402; (612) 333-5831 by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY. (cdw, ) (Entered: 01/22/2002)

Jan. 17, 2002

Jan. 17, 2002

PACER
4

Unopposed MOTION for issuance of an order preliminarily approving consent decree; and directing notice to class members; and administrative order No. 1 by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY. (Attachments: # 1 Consent Decree# 2 Exhibit Ex. A to Consent Decree# 3 Exhibit Ex. B to Consent Decree# 4 Exhibit Ex. C to Consent Decree# 5 Exhibit Ex. D to Consent Decree# 6 Exhibit Ex. E to Consent Decree# 7 Exhibit Ex. F to C onsent Decree# 8 Exhibit Ex. G to Consent Decree# 9 Memorandum In Support of Motion# 10 Proposed Administrative Order# 11 Proposed Order Granting Motion# 12 Ex. 1 to Proposed Order Granting Motion)(Sprenger, Steven) Modified on 1/24/2002 (cdw, ). (Entered: 01/23/2002)

Jan. 23, 2002

Jan. 23, 2002

PACER
5

AFFIDAVIT re 4 Class Settlement by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY. (Attachments: # 1 Exhibit Ex. A1 to Schaefer Declaration# 2 Exhibit Ex. A2 to Schaefer Declaration# 3 Exhibit Ex. B1 to Schaefer Declaration# 4 Exhibit Ex. B2 to Schaefer Declaration)(Sprenger, Steven) (Entered: 01/23/2002)

Jan. 23, 2002

Jan. 23, 2002

PACER

ORDER granting Motion for Leave to Appear 3 Signed by Judge Henry H. Kennedy, Jr. on January 23, 2002. (Kennedy, Henry)

Jan. 23, 2002

Jan. 23, 2002

PACER
6

NOTICE of Appearance by Ralph A. Taylor on behalf of AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION, IDS FINANCIAL SERVICES, INC., IDS LIFE INSURANCE, INC. (cdw, ) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

PACER
7

LCvR 26.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by defendants (cdw, ) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

PACER
8

Consent MOTION for Leave to Appear Pro Hac Vice by Edward B. Magarian of DORSEY & WHITNEY LLP; Suite 1500; 50 South Sixth Street; Minneapolis, MN 55402; (612) 340-2600 by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION, IDS FINANCIAL SERVICES, INC., IDS LIFE INSURANCE, INC.. (cdw, ) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

PACER
9

Consent MOTION for Leave to Appear Pro Hac Vice by Janice M. Symchych of DORSEY & WHITNEY LLP; Suite 1500; 50 South Sixth Street; Minneapolis, MN 55402; (612) 340-2600 by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION, IDS FINANCIAL SERVICES, INC., IDS LIFE INSURANCE, INC.. (cdw, ) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

PACER

ORDER granting Motion for Leave to Appear 8 . Signed by Judge Henry H. Kennedy,Jr. on January 26, 2002. (Kennedy, Henry)

Jan. 26, 2002

Jan. 26, 2002

PACER

ORDER granting Motion for Leave to Appear re: Janice M. Symchych 9 Signed by Judge Henry H. Kennedy, Jr. on February 15, 2002. (Kennedy, Henry)

Feb. 15, 2002

Feb. 15, 2002

PACER

Minute Entry: Motion Hearing re 4 for preliminary approval of class action settlement held on 2/19/2002 and taken under advisement before Judge Henry H. Kennedy, Jr. (Court Reporter Dolores Byers.) (dcn, )

Feb. 19, 2002

Feb. 19, 2002

PACER

Calendar Entry Telephone Conference set for 3/20/2002 09:30 AM before Judge Henry H. Kennedy, Jr.. (dcn, )

March 15, 2002

March 15, 2002

PACER
10

ORDER PRELIMINARILY APPROVING CONSENT DECREE AND DIRECTING NOTICE TO CLASS MEMBERS 4 Signed by Judge Henry H. Kennedy, Jr. on March 20, 2002.(Kennedy, Henry) (Entered: 03/20/2002)

March 20, 2002

March 20, 2002

PACER
11

ADMINISTRATIVE ORDER NO. 1 Signed by Judge Henry H. Kennedy, Jr. on March 20, 2002. (Kennedy, Henry) (Entered: 03/20/2002)

March 20, 2002

March 20, 2002

PACER

Minute Entry: Telephone Status Conference held on 3/20/2002 before Judge Henry H. Kennedy, Jr.; granted preliminary approval of settlement; Final approval hearing set for June 6, 2002, 10:00 a.m.(Court Reporter Jackie Wood-Miller Reporting.) (dcn, )

March 20, 2002

March 20, 2002

PACER
12

NOTICE of Change of Address by Ralph A. Taylor (Taylor, Ralph) (Entered: 05/30/2002)

May 30, 2002

May 30, 2002

PACER
13

MOTION to Approve Consent Judgment by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION. (Attachments: # 1 Affidavit of Luz Maria Davis# 2 Affidavit of Edward B. Magarian# 3 Proposed Order)(Taylor, Ralph) (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

PACER
14

Unopposed MOTION to Appoint Counsel as Special Master, MOTION to Certify Class, MOTION for Entry of Final Judgment, MOTION for Settlement by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY. (Attachments: # 1 Memorandum in Support of Plaintiffs' Unopposed Motion for Final Approval of Consent Decree and Order and Stipulation of Reference Appointing a Special Master# 2 Declaration of L Schaefer# 3 Exhibit L Schaefer Dec - Ex A1# 4 Exhibit L Schaefer Dec - Ex A2# 5 Exhibit L Schaefer Dec - Ex B1# 6 Exhibit L Schaefer Dec - Ex B2# 7 Declaration of M Thompson# 8 Declaration of M Lieder# 9 Exhibit Lieder Dec - Ex A# 10 Exhibit Lieder Dec - Ex B# 11 Exhibit Lieder Dec - Ex C# 12 Exhibit Lieder Dec - Ex D# 13 Declaration of K Ness# 14 Exhibit Ness Dec - Ex A# 15 Exhibit Ness Dec - Ex B1# 16 Exhibit Ness Dec - Ex B2# 17 Exhibit Ness Dec - Ex B3# 18 Exhibit Ness Dec - Ex C# 19 Declaration of D Borgen# 20 Exhibit Borgen Dec - Ex A# 21 Declaration of J Anderson# 22 Declaration of M. W. O'Brien# 23 Declaration of D Heins# 24 Order Approving Consent Decree# 25 Exhibit Order Approving Consent Decee - Ex A# 26 Order and Stipulation of Reference)(Sprenger, Steven) (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

PACER

Minute Entry: Motion Hearing re [] Final approval of settlement granted, hearing held on 6/6/2002 before Judge Henry H. Kennedy, Jr. (Court Reporter Jackie Wood-Miller Reorting.) (dcn, )

June 7, 2002

June 7, 2002

PACER
15

ORDER Approving Consent DecreeSigned by Judge Henry H. Kennedy, Jr. on June 16, 2002. (Kennedy, Henry) (Entered: 06/16/2002)

June 16, 2002

June 16, 2002

PACER
16

ORDER AND STIPULATION OF REFERENCESigned by Judge Henry H. Kennedy, Jr. on June 16, 2002. (Kennedy, Henry) (Entered: 06/16/2002)

June 16, 2002

June 16, 2002

PACER
17

JudgmentSigned by Judge Henry H. Kennedy, Jr. on June 16, 2002. (Kennedy, Henry) (Entered: 06/16/2002)

June 16, 2002

June 16, 2002

PACER
18

TRANSCRIPT for dates 6/6/02 ; Court Reporter Jacqueline L. Wood of Miller Reporting Company. (mpt, ) (Entered: 07/12/2002)

July 11, 2002

July 11, 2002

PACER
19

MOTION to Enforce the Consent Decree by Enjoining Class Member Debra Wood from Proceeding with Her Cause of Action in Nebraska and Directing Her to Dismiss Said Action with Prejudice by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION. (Attachments: # 1 Memorandum in Support of Motion# 2 Declaration of Judith Moldover# 3 Declaration of Edward Magarian with Exhibits# 4 Proposed Order)(Taylor, Ralph) (Entered: 07/17/2002)

July 17, 2002

July 17, 2002

PACER
20

PRELIMINARY ELECTRONIC CASE FILING ORDER . Signed by Judge Henry H. Kennedy, Jr. on July 18, 2002. (FL, ) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

PACER
21

NOTICE re 19 Certificates of Service of Motion Papers on Class Member Debra Wood by all defendants (Taylor, Ralph) (Entered: 07/23/2002)

July 23, 2002

July 23, 2002

PACER

ORDER deferring ruling on Motion to Enforce 19 . The clerk of the court shall schedule a hearing on plaintiffs' Motion to enforce as soon as the business of the court permits. Notice of the hearing shall be sent to Debra Wood. Counsel for plaintiffs shall serve Debra Wood with notice of the hearing by certified mail or personally also. Signed by Judge Henry H. Kennedy, Jr. on August 26, 2002.(Kennedy, Henry)

Aug. 26, 2002

Aug. 26, 2002

PACER

Calendar Entry, Set Hearing: Hearing on Plaintiffs Motion to Enforce the Consent Decree set for 9/10/2002, 09:30 AM in Courtroom 14, before Judge Henry H. Kennedy, Jr. (dcn, )

Aug. 27, 2002

Aug. 27, 2002

PACER
22

NOTICE Of Clarification Of Status by all plaintiffs (Attachments: # 1 Notice Of Filing# 2 Certificate Of Mailing)(Sprenger, Steven) (Entered: 08/28/2002)

Aug. 28, 2002

Aug. 28, 2002

PACER

Minute Entry: The court having been informed that Debra Wood and Defendant American Express Financial Advisors have consented and stipulated to to the dismissal of the action she commenced in the District of Nebraska, 02cv3160, and that American Express Financial Advisors, therefore, withdraws its motion to enforce docketed July 17, 2002, the hearing on the motion scheduled for September 17, 2002 is cancelled. (Kennedy, Henry) Modified on 8/30/2002 (cdw, ).

Aug. 29, 2002

Aug. 29, 2002

PACER
23

Consent MOTION Modification of Consent Decree re 15 by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION. (Attachments: # 1 Proposed Order)(Taylor, Ralph) (Entered: 10/02/2002)

Oct. 2, 2002

Oct. 2, 2002

PACER
24

Unopposed MOTION for Disbursement of Funds in Approval of A per Capita Allocation Formula for the Business Development Fund by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Sprenger, Steven) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

PACER
25

NOTICE re 24 exhibit attachment to motion for disbursement; FILED UNDER SEAL by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY (cdw, ) (Entered: 10/08/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
26

ORDER granting Motion 23 (Kennedy, Henry) (Entered: 10/25/2002)

Oct. 25, 2002

Oct. 25, 2002

PACER
27

ORDER granting Motion for Disbursement of Funds 24 (Kennedy, Henry) (Entered: 11/01/2002)

Nov. 1, 2002

Nov. 1, 2002

PACER
28

Unopposed MOTION for Disbursement of Funds for (1) Approval of the Point System for Allocating the Claims Portion of the Settlement Fund, (2) Acceptance of Certain Late Claim Forms, (3) Approval of the Proposed Distribution from the Claims Portion of the Settlement Fund, and (4) Approval of the Apportionment of Awards by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY. (Attachments: # 1 Memorandum in Support of Motion# 2 Affidavit Declaration of Mara R. Thompson# 3 Ex A-Thompson Decl.# 4 ExA1-Thompson Decl.# 5 ExC-Thompson Decl.# 6 ExD-Thompson Decl# 7 Ex E-Thompson Decl# 8 Ex F-Thompson Decl# 9 Declaration of Kimberly Ness# 10 ExA-Ness Decl# 11 Proposed Order# 12 ExA - Order# 13 Ex A1-Order# 14 Ex B-Order# 15 Ex C-Order# 16 Ex D-Order# 17 Ex E- Order# 18 Ex F-Order# 19 Ex B-Thompson Decl)(Sprenger, Steven) (Entered: 11/15/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
29

ORDER granting 28 Motion for Disbursement of Funds Signed by Judge Henry H. Kennedy on November 30, 2002. (Kennedy, Henry) (Entered: 11/30/2002)

Nov. 30, 2002

Nov. 30, 2002

PACER
30

MOTION for Disbursement of Funds By Class Counsel Requesting Court Approval of Recommendations as to Claimant Appeals by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY. (Attachments: # 1 Memorandum in Support of Class Counsel's Motion for Approval of Recommendations Regarding Claimant Appeals# 2 Affidavit Declaration of Kimberly Ness# 3 Declaration of Mara R. Thompson# 4 Exhibit Thompson Decl. Ex Table A# 5 Exhibit Thompson Decl. Ex Table A-1# 6 Exhibit Thompson Decl. Ex Table B# 7 Notice Regarding Exhibit Attachment# 8 Proposed Order Approving Class Counsel's Recommendations as to Claimant Appeals# 9 Order Exhibit Table 1)(Sprenger, Steven) (Entered: 02/05/2003)

Feb. 5, 2003

Feb. 5, 2003

PACER
31

NOTICE by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY re 30 sealed exhibits to their MOTION for Disbursement of Funds By Class Counsel Requesting Court Approval of Recommendations as to Claimant Appeals (3 Bulkies; FILED UNDER SEAL) (cdw, ) (Entered: 02/11/2003)

Feb. 6, 2003

Feb. 6, 2003

PACER
32

ORDER granting 30 Motion for Disbursement of Funds (Kennedy, Henry) (Entered: 03/15/2003)

March 15, 2003

March 15, 2003

PACER
33

NOTICE by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY Plaintiffs submitted a copy of Table 1, in paper form, to the Clerk of the Court to be filed under seal (Sprenger, Steven) (Entered: 03/20/2003)

March 20, 2003

March 20, 2003

PACER

ENTERED IN ERROR....."NOTICE OF CORRECTED DOCKET ENTRY. Document No. 34 was entered in error and counsel instructed to refile the motion to enforce consent decree as to S. Seltzer." (bcs, ) Modified on 1/29/2004 (bcs, ). Modified on 1/29/2004 (bcs, ).

Jan. 20, 2004

Jan. 20, 2004

PACER
34

MOTION to Enforce The Consent Decree as to Linda Davenport by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION. (Attachments: # 1 Affidavit of Edward Magarian and Exhibits Thereto# 2 Text of Proposed Order)(Taylor, Ralph) Modified on 1/29/2004 (bcs, ). Modified on 1/29/2004 (bcs, ). (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

PACER
35

MOTION to Enforce Consent Decree as to S. Seltzer, and Memo in Support, by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION. (Attachments: # 1 Affidavit Edward Magarian and Exhibits# 2 Affidavit Ahna Thoresen and Exhibits# 3 Text of Proposed Order)(Taylor, Ralph) (Entered: 01/23/2004)

1 Affidavit Edward Magarian and Exhibits

View on PACER

2 Affidavit Ahna Thoresen and Exhibits

View on PACER

3 Text of Proposed Order

View on PACER

Jan. 23, 2004

Jan. 23, 2004

RECAP

"Please disregard the notice of corrected docket entry enter on 1/28/04 for documents 34 and 35 are two separate motions pertainig to two different parties." (bcs, )

Jan. 29, 2004

Jan. 29, 2004

PACER
36

RESPONSE to 34 respondent AEFA's motion to enforce the consent decree by enjoining portion of Linda Davenport's claims in arbitration by LINDA DAVENPORT. (Attachments: # 1 Exhibit)(bcs, ) (Entered: 02/10/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER

NOTICE of Hearing on Motions: MOTION to Enforce The Consent Decree, 34 & 35 MOTION to Enforce Consent Decree as to S. Seltzer, and Motion Hearing on 34 set for 3/19/2004 02:00 PM; Motion Hearing on 35 set for 3:00 p.m. in Courtroom 14 before Judge Judge Henry H. Kennedy. (dcn, )

Feb. 9, 2004

Feb. 9, 2004

PACER
37

REPLY in support of motion re 34 Enforcement of Consent Decree as to Linda Davenport filed by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION. (Taylor, Ralph) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

PACER
38

MOTION for Leave to Appear Pro Hac Vice for Ahna Thoresen by AMERICAN EXPRESS FINANCIAL ADVISORS INC.. (Attachments: # 1 Text of Proposed Order)(Taylor, Ralph) (Entered: 02/19/2004)

Feb. 19, 2004

Feb. 19, 2004

PACER
41

MEMORANDUM relating to motion to enforce release and consent decree as to claims of Susan Seltzer before the NASD from Susan Seltzer. (Attachments: # 1 Exhibit)(bcs, ) (Entered: 03/08/2004)

Feb. 24, 2004

Feb. 24, 2004

PACER

Minute order re 38 granting defendants' motion for Ahna M. Thoresen to appear pro hac vice. Ahna M. Thoresen, Esq. is admitted to appear pro hac vice as co-counsel for American Express Financial Advisors, Inc. Signed by Judge Henry H. Kennedy, Jr., on February 25, 2004. (FL, )

Feb. 25, 2004

Feb. 25, 2004

PACER
39

REPLY to opposition to motion re 35 Motion to Enforce Release and Consent Decree as to Susan Seltzer filed by AMERICAN EXPRESS FINANCIAL ADVISORS INC.. (Attachments: # 1 Exhibit A (Seltzer Opposition))(Taylor, Ralph) (Entered: 03/01/2004)

March 1, 2004

March 1, 2004

PACER

Remark: THE MOTIONS HEARING SET FOR MARCH 19, 2004 HAS BEEN CANCELLED BY ORDER OF THE COURT. (dcn, )

March 4, 2004

March 4, 2004

PACER
40

ORDER granting 34 Motion to Enforce, granting 35 Motion to Enforce (Kennedy, Henry) (Entered: 03/07/2004)

March 7, 2004

March 7, 2004

PACER
43

MOTION to Compel compliance with Kosen complaint procedures and for sanctions by LINDA DAVENPORT. (Attachments: # 1 Exhibit)(bcs, ) (Entered: 03/17/2004)

March 15, 2004

March 15, 2004

PACER
42

NOTICE by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION of Withdrawal of Appearance of Janice Symchych as Co-Counsel (Taylor, Ralph) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

PACER
44

MOTION to Strike 43 MOTION to Compel compliance with Kosen complaint procedures and for sanctions, by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION, IDS FINANCIAL SERVICES, INC., IDS LIFE INSURANCE, INC.. (Attachments: # 1 Exhibit Part 1# 2 Exhibit Part 2# 3 Text of Proposed Order)(Bedell, Kevin) (Entered: 03/24/2004)

March 24, 2004

March 24, 2004

PACER
46

RESPONSE to 44 motion to stike by LINDA DAVENPORT. (Attachments: # 1 Exhibit)(bcs, ) (Entered: 04/16/2004)

April 5, 2004

April 5, 2004

PACER
45

REPLY to opposition to motion re 44 to Strike filed by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION, IDS FINANCIAL SERVICES, INC., IDS LIFE INSURANCE, INC.. (Bedell, Kevin) (Entered: 04/14/2004)

April 14, 2004

April 14, 2004

PACER
47

MOTION to Enforce Consent Decree by Enjoining Portion of Class Member Grabovsky's Claims in Arbitration, and Memo in Support by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION. (Attachments: # 1 Affidavit of Ahna M. Thoresen# 2 Exhibit 1 to Thoresen Affidavit# 3 Exhibit 2 to Thoresen Affidavit# 4 Exhibit 3 to Thoresen Affidavit# 5 Affidavit of Cheryl Printon# 6 Affidavit of Kimberly K Ness# 7 Exhibit A to Ness Affidavit# 8 Text of Proposed Order # 9 Certificate of Service)(Taylor, Ralph) (Entered: 06/09/2004)

June 9, 2004

June 9, 2004

PACER
48

Memorandum in opposition to motion re 47 Enforcement of Consent Decree by Enjoining Portion of Class Member Grabovsky's Claims in Arbitration filed by ANGELA GRABOVSKY. (Attachments: # 1 Affidavit (Declaration) of Thomas Campbell# 2 Affidavit (Declaration) of Angela Grabovsky)(Burgess, Joe) (Entered: 06/22/2004)

June 21, 2004

June 21, 2004

PACER
49

MOTION for Leave to Appear pro hac vice for Thomas M. Campbell by ELIZABETH BRADLER, LISA GRANQUIST, MARY ELIZABETH GRIFFIN-ROY, DEATRA HARRINGTON, DAWN HAUSCH-COOPER, REBECCA HAYES, JAN JACKSON, CATHERINE KELLY, SHELLY KOSEN, ELENI KULINSKI, SUSAN MARCOTTE, LYDIA MURPHY, MELISSA POOLE, PAULINE RICHARDS, SUSAN SELTZER, ROSALIE VILLAFRATE, LOIS WISOCKY. (Attachments: # 1 Declaration of Thomas M. Campbell# 2 Proposed Order# 3 Certificate of Service)(Sprenger, Steven) (Entered: 06/24/2004)

June 24, 2004

June 24, 2004

PACER
50

REPLY to opposition to motion re 47 Enforcement of Consent Decree Against A. Grabovsky filed by AMERICAN EXPRESS FINANCIAL ADVISORS INC.. (Attachments: # 1 Affidavit (2d) of Ahna Thoresen# 2 Exhibit A to 2d Thoresen Declaration# 3 Exhibit B to 2d Thoresen Declaration# 4 Exhibit C to 2d Thoresen Declaration# 5 Exhibit D to 2d Thoresen Declaration# 6 Exhibit E to 2d Thoresen Declaration# 7 Exhibit F to 2d Thoresen Declaration# 8 Affidavit of Michael Lloyd# 9 Exhibit A to Lloyd Declaration# 10 Certificate of Service)(Taylor, Ralph) (Entered: 06/29/2004)

June 29, 2004

June 29, 2004

PACER

Minute order granting 49 motion for Thomas M. Campbell to appear pro hac vice. Thomas M. Campbell is admited to appear pro hac vice as counsel for Angela Grabovsky, an alleged class member. Signed by Judge Henry H. Kennedy, Jr., on July 2, 2004. Official paperless order (FL, )

July 2, 2004

July 2, 2004

PACER

MINUTE ORDER granting 44 Motion to Strike Linda Davenport's Motion to Compel Compliance with Kosen Complaint Procedure and for Sanctions. (Kennedy, Henry)

July 25, 2004

July 25, 2004

PACER

THIS IS A TEST. Please disregard this entry. It will be deleted forthwith after the conclusion of the test. Please accept our apology for the inconvenience that this may cause you our your staff. (Burgess, Joe)

Aug. 16, 2004

Aug. 16, 2004

PACER

Set Hearings: Motion Hearing, motion to enforce, set for 11/29/2004 at 09:30 AM in Courtroom 14 before Judge Henry H. Kennedy. Each side will have 20 minutes for argument. (rew, )

Nov. 8, 2004

Nov. 8, 2004

PACER
51

Joint MOTION Adjournment of 11-29-04 oral argument to any date after 2/7/05 by ANGELA GRABOVSKY. (Campbell, Thomas) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER

MINUTE ORDER granting 51 Motion to adjourn oral argument on MOTION to Enforce Consent Decree until after February 7, 2005. The clerk of the court shall reschedule the oral arguemnt as soon after February 7, 2005, as the business of the court permits. (Kennedy, Henry)

Nov. 16, 2004

Nov. 16, 2004

PACER

Set/Reset Hearings: Motion Hearing set for 11/29/2004 at 9:30 AM is OFF and reset for 3/18/2005 at 02:00 PM, 20 minutes each side, in Courtroom 14 before Judge Henry H. Kennedy. (rew, )

Nov. 18, 2004

Nov. 18, 2004

PACER
52

STIPULATION Stipulated Order and Letter from Carolyn Chalmers, Special Master by AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION, AMERICAN EXPRESS COMPANY. (Attachments: # 1 Stipulated Order)(Sprenger, Steven) (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

PACER

MINUTE ORDER: The court hereby adopts the parties' "Stipulated Order" regarding discovery material to be treated as confidential. The parties shall be governed by such Order. (Kennedy, Henry)

Feb. 25, 2005

Feb. 25, 2005

PACER
53

MOTION for Order Adjourning Oral Argument of March 18, 2005 by ANGELA GRABOVSKY. (Campbell, Thomas) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

PACER
54

STIPULATION re 53 MOTION for Order Adjourning Oral Argument of March 18, 2005 (Stipulated Order) by ANGELA GRABOVSKY. (Campbell, Thomas) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

PACER

MINUTE ORDER granting 53 MOTION for Order Adjourning Oral Argument of March 18, 2005. Oral argument shall take place on May 20, 2005, at 11:00 A.M. (Kennedy, Henry)

March 4, 2005

March 4, 2005

PACER
55

Order withdrawing 47 defendants' motion to enforce consent decree by enjoining portion of Class Member Angela Grabovsky's Claims in Arbitration, Docketed June 9, 2004. Signed by Judge Henry H. Kennedy on May 20, 2005. (FL, ) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

PACER
56

NOTICE of Filing of Special Master's Report and Order by AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION, AMERICAN EXPRESS COMPANY (Attachments: # 1 Special Master's Report and Order)(Bedell, Kevin) (Entered: 05/31/2005)

May 31, 2005

May 31, 2005

PACER
57

NOTICE of Change of Address by Steven M. Sprenger (Sprenger, Steven) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

PACER
58

NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN EXPRESS FINANCIAL ADVISORS INC., IDS FINANCIAL SERVICES, INC., IDS LIFE INSURANCE, INC., AMERICAN EXPRESS FINANCIAL CORPORATION, AMERICAN EXPRESS COMPANY. Attorney Kevin B. Bedell terminated. (Bedell, Kevin) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

PACER
59

MOTION for Leave to Seal Confidential Documents by SUSAN SELTZER (zrdj) (Entered: 11/17/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER

Case randomly reassigned to Judge Ketanji Brown Jackson. Judge Henry H. Kennedy has retired and is no longer assigned to the case. (ztnr)

Nov. 17, 2020

Nov. 17, 2020

PACER
60

SUPPLEMENT re 59 MOTION for Leave to File filed by SUSAN SELTZER. (zrdj) (Entered: 11/20/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER

Case Assigned/Reassigned

Nov. 17, 2020

Nov. 17, 2020

PACER
61

RESPONSE re 59 MOTION for Leave to File filed by SUSAN SELTZER. (Lieder, Michael) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
62

Notice of Correction by SUSAN SELTZER re 59 MOTION for Leave to File (zrdj) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
63

RESPONSE re 59 MOTION for Leave to File and Response to Petition filed by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION. (Magid, Creighton) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
64

MOTION to Permit Plaintiff to Proceed Pro Se and Remove Class Counsel by SUSAN SELTZER (zjf) (Entered: 01/01/2021)

Dec. 28, 2020

Dec. 28, 2020

PACER
65

MOTION to Withdraw as Attorney by AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS FINANCIAL ADVISORS INC., AMERICAN EXPRESS FINANCIAL CORPORATION, IDS FINANCIAL SERVICES, INC., IDS LIFE INSURANCE, INC.. (eg) (Entered: 02/25/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
66

RESPONSE re 65 MOTION to Withdraw as Attorney filed by SUSAN SELTZER. (zjf) (Entered: 03/19/2021)

March 12, 2021

March 12, 2021

PACER
67

SEALED DOCUMENT re 66 Response to motion filed by SUSAN SELTZER. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 03/19/2021)

March 12, 2021

March 12, 2021

PACER
68

Reopen Case

Aug. 5, 2021

Aug. 5, 2021

PACER
69

Contempt

Aug. 13, 2021

Aug. 13, 2021

PACER
70

Response to motion

Aug. 17, 2021

Aug. 17, 2021

PACER
71

Errata

Aug. 17, 2021

Aug. 17, 2021

PACER
72

Errata

Aug. 17, 2021

Aug. 17, 2021

PACER

Notice of QC

Aug. 17, 2021

Aug. 17, 2021

PACER
73

CM/ECF Password

Aug. 17, 2021

Aug. 17, 2021

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Jan. 17, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All women employed by Defendant or applied to be employed as Financial Advisors at any time between December 8, 1998 and the date of preliminary approval.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

American Express Financial Advisors, Inc., Private Entity/Person

IDS Financial Services, Inc., Private Entity/Person

IDS Life Insurance, Inc., Private Entity/Person

American Express Financial Corp., Private Entity/Person

American Express Co., Private Entity/Person

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $31,000,000

Order Duration: 2002 - 2006

Content of Injunction:

Utilize objective job description

Goals (e.g., for hiring, admissions)

Follow recruitment, hiring, or promotion protocols

Develop anti-discrimination policy

Utilize objective hiring/promotion criteria

Reporting

Recordkeeping

Provide antidiscrimination training

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Hiring

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

Pay / Benefits

Promotion

Training

Discrimination-basis:

Age discrimination

Sex discrimination

Affected Gender:

Female