Case: Mitchell v. Metropolitan Life Insurance

1:01-cv-02112 | U.S. District Court for the Southern District of New York

Filed Date: March 13, 2001

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On March 13, 2001, female sales associates and managers working for MetLife Insurance Company filed a class action in the U.S. District Court for the Southern District of New York, Judge William H. Pauley III alleging systemic gender discrimination in hiring, pay, promotion, and benefits, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., as amended, and 42 U.S.C. § 1981a; the New York State Human Rights Law, New York Executive Law § 290 et seq; and Title 8 …

On March 13, 2001, female sales associates and managers working for MetLife Insurance Company filed a class action in the U.S. District Court for the Southern District of New York, Judge William H. Pauley III alleging systemic gender discrimination in hiring, pay, promotion, and benefits, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., as amended, and 42 U.S.C. § 1981a; the New York State Human Rights Law, New York Executive Law § 290 et seq; and Title 8 of the Administrative Code of the City of New York.

Specifically the plaintiffs alleged that MetLife consistently discriminated against women in promotions to certain management and vice president positions and that while 25 percent of account representatives were female, only 7 percent of managing directors were female. All seventeen regional and zonal vice presidents were male. The complaint also alleged that MetLife discriminated in compensation, working conditions, privileges, and other aspects of employment, such as paying women less than men in comparable positions and retaliating for reports of discrimination. The complaint alleged ths discrimination was systemic.

The plaintiffs sought to certify a class of "all female past, present, and future employees who have been employed within the Insurance and Financial Services Division of MetLife or its successor group, if any, since August 27, 1999, or who will be so employed between the date of the filing of this complaint and the date of judgment in this action, and all female applicants for those positions with MetLife who have been, continue to be, or in the future may be, denied employment opportunities or were deterred from applying for those positions during this same time period (the 'Class')." They also also sought to certify a subclass of plaintiffs who had worked for MetLife in New York.

The plaintiffs sought injunctive, declaratory and monetary relief. On August 20, 2003, the court granted a conditional certification of the settlement class and preliminary approval of a proposed consent decree and attorneys' fees and costs. It also scheduled a fairness hearing for November 6, 2003.

On November 6, 2003, the court approved a classwide consent decree agreed to by the parties, and awarded $3.4 million in attorneys fees. Mitchell v. Metro. Life Insurance Co., 01-2112, 2003 WL 25914312 (S.D.N.Y. August 20, 2003).

The settlement class consisted of "all women who have been employed in a Sales Position or Sales Management Position in MLFS at any time on or after August 27, 1999 through the Preliminary Approval Date." Disputes were to be handled by Michael D. Young, Esq., a Special Master, whom MetLife agreed to pay $50,000.

The three-year consent decree required MetLife to appoint a monitor to oversee compliance with benchmarks, review complaints of gender discrimination, meet with managers regularly, meet with class counsel, and submit all information pertaining to class counsel. MetLife agreed to pay all expenses of the monitor, estimated to be $750,000. MetLife agreed to create a written complaint procedure for cases of gender discrimination and to hire at least six "HR generalists" to track complaints. MetLife agreed to create a new anti-discrimination policy and to train all employees, spending an estimated $1.6m. MetLife also agreed to meet or use best efforts to meet benchmarks of certain percentages of women in management positions.

MetLife also agreed to pay an estimated $600,000 for agency management training and $600,000 to recruit female employees and to spend $350,000 on a management development program for high potential sales personnel.

MetLIfe agreed to pay $5m into a settlement fund, $25,000 to a reserve fund to pay claims of inadvertently omitted qualified claimants, fees of the Claims Administrator up to $150,000; a minimum payment of $1000 to each claimant and additional funds based on a point system that considered the position the claimant held and the time spent in the positions.

The docket notes that the case closed on November 6, 2003. One calss member opted out of the settlement and on December 31, 2003 filed an individual complaint in the same court. This case appears in this database as EE-NY-0256. The docket in that case indicates a private settlement, the terms of which are not publicly available.

Summary Authors

Eric Weiler (6/16/2010)

Related Cases

Mitchell v. Metropolitan Life Insurance II, Southern District of New York (2003)

People


Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Borgen, David (California)

Burrell, Darci E. (California)

Demchak, Teresa (California)

Dermody, Kelly M. (California)

Finberg, James M. (California)

Geman, Rachel (New York)

Herndon, Holly K. (California)

Hilal, Leila K. (New York)

Kaiser, Daniel Jordan (New York)

Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Borgen, David (California)

Burrell, Darci E. (California)

Demchak, Teresa (California)

Dermody, Kelly M. (California)

Finberg, James M. (California)

Geman, Rachel (New York)

Herndon, Holly K. (California)

Hilal, Leila K. (New York)

Kaiser, Daniel Jordan (New York)

Klein, Adam T. (New York)

Konecky, Joshua Geoffrey (California)

Moss, Scott (New York)

Ruan, Nantiya (New York)

Stadtmauer, Marc A. (New York)

Attorneys(s) for Defendant

Fagin, Allen I. (New York)

Regan, Amy B. (New York)

Expert/Monitor/Master

Young, Michael D. (New York)

Documents in the Clearinghouse

Document

1:01-cv-02112

Docket

Mitchell v. Metropolitan Life

Oct. 22, 2004

Oct. 22, 2004

Docket

1:03-cv-10294

Docket - 10294

Mitchell v. Metro. Life Insurance

April 29, 2005

April 29, 2005

Docket

1:01-cv-02112

Class Action Complaint And Demand For Jury Trial

Mitchell v. Metro. Life Insurance

2001 WL 34727500

March 13, 2001

March 13, 2001

Complaint
5

1:01-cv-02112

Answer

Mitchell v. Metro. Life Insurance

2001 WL 34727502

May 8, 2001

May 8, 2001

Pleading / Motion / Brief
11

1:01-cv-02112

Memorandum of Law in Support of Defendant's Motion for Disqualification of Lieff, Cabraser, Heimann & Bernstein, LLP

Mitchell v. Metro. Life Insurance

2001 WL 34727820

July 20, 2001

July 20, 2001

Pleading / Motion / Brief
15

1:01-cv-02112

Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Disqualification of Lieff, Cabraser, Heimann & Bernstein, LLP

Mitchell v. Metro. Life Insurance

2001 WL 34727821

Aug. 14, 2001

Aug. 14, 2001

Pleading / Motion / Brief
24

1:01-cv-02112

Reply Memorandum Of Law In Support Of Defendant's Motion For Disqualification of Lieff, Cabraser, Heimann & Bernstein, LLP

Mitchell v. Metro. Life Insurance

2001 WL 34727822

Aug. 22, 2001

Aug. 22, 2001

Pleading / Motion / Brief
33

1:01-cv-02112

Memorandum And Order [Disqualifying Lieff, Cabraser, Heimann & Bernstein, LLP From Representing Plaintiffs]

Mitchell v. Metro. Life Insurance

2002 WL 441194, 2002 U.S.Dist.LEXIS 4675

March 21, 2002

March 21, 2002

Order/Opinion
40

1:01-cv-02112

First Amended Class Action Complaint and Demand for Jury Trial

Mitchell v. Metro. Life Insurance

2002 WL 32768680

June 21, 2002

June 21, 2002

Pleading / Motion / Brief
42

1:01-cv-02112

Answer to First Amended Complaint

Mitchell v. Metro. Life Insurance

2002 WL 32768683

July 26, 2002

July 26, 2002

Pleading / Motion / Brief

Resources

Docket

Last updated Aug. 11, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link

SUMMONS ISSUED as to Metropolitan Life Insurance Company, Inc.. (dg, ) (Entered: 01/06/2004)

Dec. 31, 2003

Dec. 31, 2003

CASE REFERRED TO Judge William H. Pauley III as possibly related to 1:01 cv 2112. (dg, ) (Entered: 01/06/2004)

Dec. 31, 2003

Dec. 31, 2003

3

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided,... Initial Conference set for 4/2/2004 10:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 1/27/2004) Copies mailed by Chambers.(jsa, ) (Entered: 02/04/2004)

Jan. 29, 2004

Jan. 29, 2004

CASE ACCEPTED AS RELATED TO 1:01−cv−2112. Notice of Assignment to follow. (laq, ) (Entered: 02/02/2004)

Jan. 30, 2004

Jan. 30, 2004

2

NOTICE OF CASE ASSIGNMENT to Judge William H. Pauley. Judge Unassigned no longer assigned to the case. (laq, ) (Entered: 02/02/2004)

Jan. 30, 2004

Jan. 30, 2004

Magistrate Judge Ronald Ellis is so designated. (laq, ) (Entered: 02/02/2004)

Jan. 30, 2004

Jan. 30, 2004

Mailed notice to the attorney(s) of record. (laq, ) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

4

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Metropolitan Life Insurance Company, Inc. (kkc, ) (Entered: 02/25/2004)

Feb. 24, 2004

Feb. 24, 2004

5

ANSWER to Complaint. Document filed by Metropolitan Life Insurance Company, Inc. (kkc, ) (Entered: 02/25/2004)

Feb. 24, 2004

Feb. 24, 2004

6

SCHEDULING ORDER: Fact discovery due by 6/30/04; Expert discovery due by 9/3/2004; Final Pretrial Conference set for 10/1/2004 at 10:30 AM before Judge William H. Pauley III; Joint Pretrial Order due by 9/24/2004. (Signed by Judge William H. Pauley III on 4/2/04) Copies mailed By Chambers.(tp, ) (Entered: 04/06/2004)

April 5, 2004

April 5, 2004

7

SCHEDULING ORDER: Discovery due by 9/30/2004. Final Pretrial Conference set for 1/7/2005 10:15 AM before Judge William H. Pauley III. Status Conference set for 7/22/2004 02:30 PM before Judge William H. Pauley III. Pretrial Order due by 12/22/2004. (Signed by Judge William H. Pauley III on 7/1/2004) (jp, ) (Entered: 07/08/2004)

July 7, 2004

July 7, 2004

8

SCHEDULING ORDER: Pursuant to discovery conference held on 7/22/2004; plaintiff shall submit her letter on the issue of her entitlement to documents by 8/12/2004; Responses due by 8/19/2004 Replies due by 8/26/2004. (Signed by Judge William H. Pauley III on 7/22/2004) Copies mailed by Chambers.(jsa, ) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

9

MOTION for Disclosure of Documents Underlying Expert Reports . Document filed by Stella Mitchell. (Attachments: # 1 Exhibit A−Complaint# 2 Exhibit B−Answer# 3 Exhibit C−Bielby Expert Report# 4 Exhibit D−Drogin Expert Report# 5 Exhibit E−Order Approving Consent Decree# 6 Exhibit F−"Secrets Kill" Report)(Stadtmauer, Marc) (Entered: 08/12/2004)

Aug. 12, 2004

Aug. 12, 2004

10

REPLY to Response to Motion re: 9 MOTION for Disclosure of Documents Underlying Expert Reports .. Document filed by Stella Mitchell. (Attachments: # 1 Exhibit A−Women of Met Life Excerpt)(Stadtmauer, Marc) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

11

ORDER regarding procedures to be followed that shall govern the handling of "confidential information". (Signed by Judge William H. Pauley III on 8/26/04) (jco, ) (Entered: 08/30/2004)

Aug. 27, 2004

Aug. 27, 2004

12

ENDORSED LETTER addressed to Judge William H. Pauley from Marc Stadtmauer dated 9/22/04 re: counsel for plaintiff requests a 90 day extension of the deadlines in this court's scheduling order no.2. Application granted in part. The schedule is extended by 60 days. Fact discovery shall be completed by 11/30/04; expert discovery shall be completed by 2/4/05; the parties shall submit a joint pretrial order by 2/25/04; the parties shall appear for a final pretrial conference on 3/11/05 at 10:15 a.m.. (Signed by Judge William H. Pauley III on 9/29/04) Copies faxed by chambers.(dle, ) (Entered: 10/07/2004)

Sept. 30, 2004

Sept. 30, 2004

Set/Reset Scheduling Order Deadlines: Discovery due by 2/4/2005. Final Pretrial Conference set for 3/11/2005 10:15 AM before Judge William H. Pauley III. Pretrial Order due by 2/25/2004. (dle, ) (Entered: 10/07/2004)

Sept. 30, 2004

Sept. 30, 2004

13

LETTER addressed to Judge Pauley from Amy Regan dated 8/19/04: that the Court should rejct plntf's effort ot obtain what is essentially all the discovery provided by MetLIfe. Document filed by Metropolitan Life Insurance Company, Inc..(cd, ) (Entered: 11/04/2004)

Oct. 28, 2004

Oct. 28, 2004

15

LETTER addressed to Judge Pauley from Marc Stadmaurer dated 8/12/04: re two expert reports submitted submitted by plntfs' counsel. Document filed by Stella Mitchell.(cd, ) (Entered: 11/04/2004)

Oct. 28, 2004

Oct. 28, 2004

16

LETTER addressed to Judge Pauley from Marc Stadmaurer dated 8/26/04: plntf's request for deft to produce the two expert reports. Document filed by Stella Mitchell.(cd, ) (Entered: 11/04/2004)

Oct. 28, 2004

Oct. 28, 2004

17

LETTER addressed to Judge Pauley from Amy Regan dated 9/20/04: that certain documents produced to plntf remain confidential. Document filed by Metropolitan Life Insurance Company, Inc. (cd, ) (Entered: 11/04/2004)

Oct. 28, 2004

Oct. 28, 2004

18

LETTER addressed to Judge Pauley from Marc Stadmaurer dated 9/23/04: re confidentiality of documents. Document filed by Stella Mitchell.(cd, ) (Entered: 11/04/2004)

Oct. 28, 2004

Oct. 28, 2004

14

ORDER; The parties pesent two discovery disputes for resolution. In the first one, plaintiff Stella Mitchell seeks an order directing Defendant Metropolitan Life Ins. Co., Inc to produce documents relied on by experts in a now closed class action titled...; In the second dispute, Met Life seeks an order directing that certain categories of documents produed by plaintiff remain confidential purs to a Protective Order issued by this Court on August 26, 2004. For the following reasons as set forth in this Order, both applications are gratned in part and denied in part. (Signed by Judge William H. Pauley III on 11/2/04) copies mailed by Chambers.(djc, ) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

19

LETTER addressed to Judge William H. Pauley III from Stella Mitchell dated 9/10/04 re: dfts writes to the Court to briefly respond to the letter of plaintiff's counsel, Marc A. Stadtmauer, dated 8/26/04. Document filed by Metropolitan Life Insurance Company, Inc..(pl, ) (Entered: 11/16/2004)

Nov. 10, 2004

Nov. 10, 2004

21

CONSENT ORDER SUBSTITUTING COUNSEL, that Kaiser Saurborn &Mair, P.C. be substituted as attorneys of record for the undersigned party in this entitled action in place and stead of the undersigned law firm as of the date hereof. (Signed by Judge William H. Pauley III on 11/16/04) (tp, ) (Entered: 11/23/2004)

Nov. 18, 2004

Nov. 18, 2004

20

LETTER addressed to Judge Pauley from Amy Regan dated 10/7/2004 re: a response to pltffs counsels letter of 9/23/2004. Document filed by Metropolitan Life Insurance Company, Inc..(jp, ) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

22

ENDORSED LETTER addressed to Judge Pauley from William Kaiser dated 12/14/2004 re: granting counsels request as follows: Status Conference set for 1/21/2005 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 12/16/2004) (jp, ) (Entered: 12/22/2004)

Dec. 20, 2004

Dec. 20, 2004

23

ORDER OF DISCONTINUANCE, It having been reported to this Court that this action has been or will be settled, it is hereby ORDERED that this action be discontinued without costs to any party, and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days of the date of this Order. The Clerk of the Court is directed to mark this case closed. (Signed by Judge William H. Pauley III on 1/20/05) (dt, ) (Entered: 01/27/2005)

Jan. 24, 2005

Jan. 24, 2005

24

ENDORSED LETTER addressed to Judge Pauley from William H. Kaiser dated 02/15/05 re: Counsel requests a pre−motion conference; the parties are directed to appear for a conference on 03/04/05 at 10:30 a.m.. (Signed by Judge William H. Pauley III on 2/18/05) (djc, ) (Entered: 02/24/2005)

Feb. 23, 2005

Feb. 23, 2005

26

STIPULATION AND ORDER OF DISMISSAL, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties herein, that this action is dismissed with prejudice and without costs or attorneys' fees to any party. (Signed by Judge William H. Pauley III on 4/20/05) (dt, ) (Entered: 05/02/2005)

April 29, 2005

April 29, 2005

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: March 13, 2001

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female sales representatives and managers at MetLife Insurance Company

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Impact Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Metropolitan Life Insurance Company (New York, New York), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: $12.35 million (approxima

Order Duration: 2004 - 2006

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

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

Hire

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Other requirements regarding hiring, promotion, retention

Position Restored

Post/Distribute Notice of Rights / EE Law

Promotion

Provide antidiscrimination training

Recordkeeping

Reinstatement

Reporting

Retaliation Prohibition

Retroactive Seniority

Utilize objective hiring/promotion criteria

Utilize objective job description

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Demotion

Hiring

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

Pay / Benefits

Promotion

Seniority

Training

Discrimination-basis:

Sex discrimination

Affected Gender:

Female