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 o…

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 Mitchell v. Metropolitan Life Insurance II. 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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11724014/parties/mitchell-v-metropolitan-life/


Judge(s)
Attorney for Plaintiff

Burrell, Darci E. (New York)

Herndon, Holly K. (New York)

Kaiser, Daniel Jordan (New York)

Kaiser, William Heywood (New York)

Attorney for Defendant

Fagin, Allen I. (New York)

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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

March 13, 2001

March 13, 2001

Complaint

2001 WL 34727500

5

1:01-cv-02112

Answer

Mitchell v. Metro. Life Insurance

May 8, 2001

May 8, 2001

Pleading / Motion / Brief

2001 WL 34727502

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

July 20, 2001

July 20, 2001

Pleading / Motion / Brief

2001 WL 34727820

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

Aug. 14, 2001

Aug. 14, 2001

Pleading / Motion / Brief

2001 WL 34727821

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

Aug. 22, 2001

Aug. 22, 2001

Pleading / Motion / Brief

2001 WL 34727822

33

1:01-cv-02112

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

Mitchell v. Metro. Life Insurance

March 21, 2002

March 21, 2002

Order/Opinion

2002 WL 441194

40

1:01-cv-02112

First Amended Class Action Complaint and Demand for Jury Trial

Mitchell v. Metro. Life Insurance

June 21, 2002

June 21, 2002

Pleading / Motion / Brief

2002 WL 32768680

42

1:01-cv-02112

Answer to First Amended Complaint

Mitchell v. Metro. Life Insurance

July 26, 2002

July 26, 2002

Pleading / Motion / Brief

2002 WL 32768683

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11724014/mitchell-v-metropolitan-life/

Last updated April 21, 2025, 10:04 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 399690. (tp) (Entered: 03/14/2001)

March 13, 2001

March 13, 2001

PACER

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

March 13, 2001

March 13, 2001

PACER
2

ORDER FOR INITIAL PRETRIAL CONFERENCE; counsel are directed to appear in Courtroom 618 at the U.S. Courthouse, 40 Foley Sq., 40 Centre Street on 6/22/01 at 11:00 a.m. for an initial pretrial conferene. ( signed by Judge William H. Pauley III ) (sac) (Entered: 03/28/2001)

March 28, 2001

March 28, 2001

PACER
3

STIPULATION and ORDER, extending time for deft to answer to the complaint ; reset answer to the complaint due for 4/30/01 for Metropolitan Life Insurance Co. ( signed by Judge William H. Pauley III ) (kg) (Entered: 04/18/2001)

April 17, 2001

April 17, 2001

PACER
4

RULE 1.9 CERTIFICATE filed by Metropolitan Life . (pl) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

PACER
5

ANSWER to Complaint by Metropolitan Life (Attorney Allen I. Fagin from the Firm: Proskauer, Ross LLP) . (pl) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

Clearinghouse
6

NOTICE OF MOTION by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey for an order, purs. to Rule 1.3 of the General Rules of the S&EDNY admitting James M. Finberg and Kelly M. Dermody of Lieff, Cabraser, Heimann & Bernstein, LLP to appear pro hac vice ; Return date not indicated. Declaration(s) in support attached. (sac) (Entered: 05/29/2001)

May 24, 2001

May 24, 2001

PACER
7

Memo-Endorsement on letter addressed to Judge Pauley from Kelly M. Dermody and Allen T., dated 06/11/01; initial pre-trial conference adjourned to 07/13/01 at 3:00 p.m. ; ( signed by Judge William H. Pauley III ); Copies mailed. (djc) (Entered: 06/18/2001)

June 14, 2001

June 14, 2001

PACER
8

Joint Case Management Statement filed. (kkc) (Entered: 07/12/2001)

July 11, 2001

July 11, 2001

PACER

Pretrial Conference held before Judge William H. Pauley III. (kkc)

July 13, 2001

July 13, 2001

PACER
9

ORDER, Defendant shall serve and file its motion to disqualify counsel by 7/20/01; plaintiffs shall serve and file their opposition papers by 8/3/01; reply papers, if any, shall be served and filed by 8/10/01; oral argument is set for 9/5/01 at 2:30 p.m. . ( signed by Judge William H. Pauley III ); Copies mailed. (ae) (Entered: 07/18/2001)

July 18, 2001

July 18, 2001

PACER
11

MEMORANDUM OF LAW by Metropolitan Life in support of [10-1] motion for an order disqualifying Lieff, Cabraser, Heimann & Bernstein LLP from representing plaintiffs in this action. (docmt received in night dep. on 07/20/01 at 10:34 p.m.) (djc) (Entered: 07/24/2001)

July 20, 2001

July 20, 2001

Clearinghouse
10

NOTICE OF MOTION by Metropolitan Life; for an order disqualifying Lieff, Cabraser, Heimann & Bernstein LLP from representing plaintiffs in this action ; Return date 9/5/01. Attached are affidavits of Wilbert, Finnegan, Seltzer, Sullivan, Wilson and Fagan. (docmt received in night dep. on 07/20/01 at 10:32 p.m.) (djc) Modified on 07/24/2001 (Entered: 07/24/2001)

July 24, 2001

July 24, 2001

PACER
12

NOTICE OF MOTION by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey for James M. Finberg and Kelly M. Dermody to appear pro hac vice ; Return date 8/2/01. Attached are Declarations of Adam T. Klein and James M. Finberg. (djc) (Entered: 07/26/2001)

July 25, 2001

July 25, 2001

PACER
13

ORDER, granting [12-1] motion for James M. Finberg and Kelly M. Dermody to appear pro hac vice on behalf of plaintiffs. ( signed by Judge William H. Pauley III ); Copies mailed. (Orig. doc. sent to the Attorney Admissions Clerk) (ae) Modified on 07/31/2001 (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

PACER
14

STIPULATION and ORDER, pltffs to serve and file their opposition papers with respect to defts [10-1] motion for an order disqualifying Lieff, Cabraser, Heimann & Bernstein LLP from representing plaintiffs in action is extended to 8/10/01 ; Deft's Reply to Response to Motion reset to 8/22/01 [10-1] motion for an order disqualifying Lieff, Cabraser, Heimann & Bernstein LLP from representing plaintiffs in action . ( signed by Judge William H. Pauley III ) (kg) (Entered: 08/10/2001)

Aug. 9, 2001

Aug. 9, 2001

Clearinghouse
15

MEMORANDUM OF LAW by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in opposition to [10-1] motion for an order disqualifying Lieff, Cabraser, Heimann & Bernstein LLP from representing plaintiffs in this action. (sac) (Entered: 08/21/2001)

Aug. 14, 2001

Aug. 14, 2001

Clearinghouse
16

DECLARATION of Kelly M. Dermody by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support Re: [15-1] opposition memorandum. (sac) (Entered: 08/21/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER
17

DECLARATION of Charles W. Wolfram by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey Re: based on personal knowledge. (sac) (Entered: 08/21/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER
18

DECLARATION of Steven M. Tindall by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey Re: based on personal knowledge. (sac) (Entered: 08/21/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER
19

DECLARATION of Richard T. Seymour by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey Re: based on personal knowledge. (sac) (Entered: 08/21/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER
20

DECLARATION of Leila K. Hilal by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey Re: based on personal knowledge. (sac) (Entered: 08/21/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER
21

AFFIRMATION of Wendy R. Fleishman by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey Re: based on personal knowledge. (sac) (Entered: 08/21/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER
22

DECLARATION of Rachel Geman by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey Re: based on personal knowledge. (sac) (Entered: 08/21/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER

Pretrial Conference held before Judge William H. Pauley III. (kw)

Aug. 14, 2001

Aug. 14, 2001

PACER
23

AFFIDAVIT of Sheila Murphy; declaration of Steven P. Seltzer; declaration of Hal R. Lieberman; and affidavit of Amy B. Regan by Metropolitan Life. (Received in the night deposit box on 8/22/01). (kw) (Entered: 08/23/2001)

Aug. 22, 2001

Aug. 22, 2001

PACER
24

REPLY MEMORANDUM by Metropolitan Life in support of re: [10-1] motion for an order disqualifying Lieff, Cabraser, Heimann & Bernstein LLP from representing plaintiffs in this action. (Received in the night deposit box on 8/22/01). (kw) (Entered: 08/23/2001)

Aug. 22, 2001

Aug. 22, 2001

Clearinghouse
26

DECLARATION of Steven P. Seltzer by Metropolitan Life in support of: [10-1] motion for an order disqualifying Lieff, Cabraser, Heimann & Bernstein LLP from representing plaintiffs in this action. (kkc) (Entered: 08/31/2001)

Aug. 29, 2001

Aug. 29, 2001

PACER
25

Transcript of record of proceedings before Judge William H. Pauley III for the date(s) of 7/13/01. (moc) (Entered: 08/30/2001)

Aug. 30, 2001

Aug. 30, 2001

PACER
27

CONFIDENTIALITY ORDER, regarding prodcedures that will govern the handling of confidential information ( signed by Judge William H. Pauley III ); Copies mailed. (cd) (Entered: 09/06/2001)

Sept. 5, 2001

Sept. 5, 2001

PACER

Oral argument held and concluded before Judge William H. Pauley III. (bai)

Sept. 5, 2001

Sept. 5, 2001

PACER
28

Transcript of record of proceedings before Judge William H. Pauley III for the date(s) of 9/5/01 @12:05 p.m. (kg) (Entered: 11/02/2001)

Nov. 2, 2001

Nov. 2, 2001

PACER
29

Memo-Endorsement on letter addressed to Judge Pauley from Kelly M. Dermody, dated 11/28/01; granting counsel for pltffs' request for permission for pltffs' attorney James M. Finberg, to appear telephonically at the discovery conference set for 10:15 AM on 11/30/01. Mr. Finberg shall call Chambers at (212) 805-6387 . ( signed by Judge William H. Pauley III ); Copies mailed. (sn) (Entered: 12/04/2001)

Nov. 30, 2001

Nov. 30, 2001

PACER
30

Transcript of record of proceedings before Judge William H. Pauley III for the date(s) of 11/30/01. (cd) (Entered: 01/08/2002)

Jan. 8, 2002

Jan. 8, 2002

PACER
31

ORDER RE: DICOVERY CONFERENCE, plaintiffs' application for the production of documents relating to defendant's hiring practices is denied set forth in this document. Plaintiffs' application for documents relating to sexual harassment issues within the MLFS field force, with respect to the period 1/1/98 to the present is granted ; plaintiffs' application for the complete, unredacted versions of the "Women in MetLife" Report and the "Productivity of Women Representatives" Report is granted ; defendant's motion to compel discovery relating to the Named Plaintiffs' individual damages is granted as set forth in this document ; defendant's application for discovery with respect to experts whose opinions will be offered in connection with the anticipated class certfication motion is granted as forth in this document . ( signed by Judge William H. Pauley III ); Copies mailed. (kw) (Entered: 02/20/2002)

Feb. 15, 2002

Feb. 15, 2002

PACER
32

Memo-Endorsement on letter addressed to Judge Pauley from Allen I. Fagin, dated 03/08/02; defendant's time to serve and file its opposition leter is extended to 03/18/02 ; signed by Judge William H. Pauley III ); Copies mailed. (djc) (Entered: 03/18/2002)

March 13, 2002

March 13, 2002

PACER
33

MEMORANDUM AND ORDER granting [10-1] motion for an order disqualifying Lieff, Cabraser, Heimann & Bernstein LLP from representing plaintiffs in this action ( signed by Judge William H. Pauley III ); Copies mailed. (cd) (Entered: 03/25/2002)

March 21, 2002

March 21, 2002

Clearinghouse
34

NOTICE OF MOTION by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, and Janet Ramsey, for Barry Goldstein to appear pro hac vice ; for Teresa Demchak to appear pro hac vice ; for David Borgen to appear pro hac vice ; for Linda M. Dardarian to appear pro hac vice ; for Roberta Steele to appear pro hac vice . Declaration of Adam T. Klein in support is attached. Declaration of David Borgen in support is attached. No return date. (kw) (Entered: 04/22/2002)

April 16, 2002

April 16, 2002

PACER
35

ORDER; granting [34-1] motion for Barry Goldstein to appear pro hac vice, granting [34-2] motion for Teresa Demchak to appear pro hac vice, granting [34-3] motion for David Borgen to appear pro hac vice, granting [34-4] motion for Linda M. Dardarian to appear pro hac vice, granting [34-5] motion for Roberta Steele to appear pro hac vice . ( signed by Judge William H. Pauley III ); Copies mailed. (docmt forwarded to atty admissions clerk) (djc) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

PACER

PRETRIAL CONFERENCE held and concluded on 4/26/02 before Judge William H. Pauley III . (sb)

April 26, 2002

April 26, 2002

PACER
37

Memorandum to Docket Clerk: Pretrial conference held and concluded on 4/26/02 before Judge Pauley. (sb) (Entered: 05/02/2002)

April 30, 2002

April 30, 2002

PACER
36

ORDER; that (1) plaintiffs shall submit a letter to the Court by 5/29/02 advising the Court of their intentions with respect to the amendment of their complaint as proposed by plaintiffs' former counsel; (2) any disputes regarding the transfer of documents from plaintiffs' former counsel, Lieff Cabraser Heimann & Bernstein, LLP to plaintiffs' new counsel, Saperstein Goldstein Demchak & Baller shall be submitted to the Court in letter memoranda by each party by 5/13/02; (3) any responses to the letter memoranda are due by 5/17/02; (4) a joint letter submitting a proposed case management schedule is due by 6/21/02. If the parties cannot agree on an issue then the letter shall set forth each party's position, including citations to caselaw where appropriate ; a status conference is scheduled for 7/16/02 at 10:30 a.m . ( signed by Judge William H. Pauley III ); Copies mailed. (kkc) (Entered: 05/01/2002)

May 1, 2002

May 1, 2002

PACER
38

Transcript of record of proceedings before Judge William H. Pauley III for the date(s) of 4/26/02. (tr) (Entered: 06/11/2002)

June 11, 2002

June 11, 2002

PACER
39

STIPULATION and ORDER, plaintiffs may file the attached first amended complaint. Any and all applicable statutes of limitations as to Forman's individual claims against defendant shall be tolled as of 3/6/02, until sixty days following entry of this Order . ( signed by Judge William H. Pauley III ) (kw) (Entered: 06/25/2002)

June 21, 2002

June 21, 2002

PACER
40

DEMAND for jury trial by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, and Janet Ramsey. (kw) (Entered: 06/25/2002)

June 21, 2002

June 21, 2002

Clearinghouse
41

Memorandum to Docket Clerk:, for a status conference . (dle) (Entered: 07/18/2002)

July 17, 2002

July 17, 2002

PACER

Status Conference held on 7/16/02 before Judge William H. Pauley III (dle)

July 17, 2002

July 17, 2002

PACER
42

ANSWER by Metropolitan Life to Fir st Aended [1-1] complaint . (Attorney Allen I. Fagin from the Firm: Proskauer Rose LLP). (djc) (Entered: 07/31/2002)

July 26, 2002

July 26, 2002

Clearinghouse
43

STIPULATION and ORDER, final day for amendment of pleadings: 6/28/02; date by which plaintiffs must identify any additional named plaintiffs: 7/31/02; last date for plaintiffs to identify anecdotal witnesses and provide defendant with any non-expert affidavits plaintiffs intend to submit with their class certification motion: 11/1/02; date by which plaintiffs must provide defendant with expert report(s) for their class certification experts: 11/29/02; date by which non-expert depositions must be completed by 12/20/02; date by which plaintiffs' class certification expert(s) must be deposed: 12/20/02; date by which defendant must provide plaintiffs with expert report(s) for its class certification expert(s): 1/17/03; date by which defendant's class certification expert(s) must be deposed: 2/7/03; plaintiffs shall file and serve their motion for class certification: 2/28/03; defendant shal file and serve its opposition to class certification: 4/18/02; plaintiffs shall file and serve their reply in support of class certification: 5/9/03; hearing on Class Certification Motion: 6/4/03 at 10:30 a.m. ( signed by Judge William H. Pauley III ) (kw) (Entered: 08/01/2002)

July 30, 2002

July 30, 2002

PACER

Deadlines: final date for amendment of pleadings: 6/28/02; plaintiff's motion for class certification: 2/28/03; opposition by 4/18/02; reply by 5/9/03 ; hearing on class certification motion is set for 6/4/03 at 10:30 a.m. (kw)

July 30, 2002

July 30, 2002

PACER
44

Transcript of record of proceedings before Judge William H. Pauley III for the date(s) of July 16, 2002. (jw) (Entered: 09/03/2002)

Sept. 3, 2002

Sept. 3, 2002

PACER
45

NOTICE OF MOTION by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey; for an order purs. to Rule 1.3 of the General Rules of the S.D.N.Y. for Darci E. Burrell, Holly K. Herndon, Joshua Konecky of Saperstein, Goldstein, Demchak, & Baller to appear pro hac vice . No Return Date. (ae) (Entered: 12/11/2002)

Dec. 3, 2002

Dec. 3, 2002

PACER
46

DECLARATION of Adam T. Klein by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support Re: [45-1] motion for an order purs. to Rule 1.3 of the General Rules of the S.D.N.Y. for Darci E. Burrell, Holly K. Herndon, Joshua Konecky of Saperstein, Goldstein, Demchak, & Baller to appear pro hac vice . (ae) (Entered: 12/11/2002)

Dec. 3, 2002

Dec. 3, 2002

PACER
47

DECLARATION of Darci E. Burrell by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support Re: [45-1] motion for an order purs. to Rule 1.3 of the General Rules of the S.D.N.Y. for Darci E. Burrell, Holly K. Herndon, Joshua Konecky of Saperstein, Goldstein, Demchak, & Baller to appear pro hac vice . (ae) (Entered: 12/11/2002)

Dec. 3, 2002

Dec. 3, 2002

PACER
48

DECLARATION of Holly K. Herndon by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support Re: [45-1] motion for an order purs. to Rule 1.3 of the General Rules of the S.D.N.Y. for Darci E. Burrell, Holly K. Herndon, Joshua Konecky of Saperstein, Goldstein, Demchak, & Baller to appear pro hac vice . (ae) (Entered: 12/11/2002)

Dec. 3, 2002

Dec. 3, 2002

PACER
49

DECLARATION of Joshua Konecky by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support Re: [45-1] motion for an order purs. to Rule 1.3 of the General Rules of the S.D.N.Y. for Darci E. Burrell, Holly K. Herndon, Joshua Konecky of Saperstein, Goldstein, Demchak, & Baller to appear pro hac vice . (ae) (Entered: 12/11/2002)

Dec. 3, 2002

Dec. 3, 2002

PACER
50

ORDER granting [45-1] motion for an order purs. to Rule 1.3 of the General Rules of the S.D.N.Y. for Darci E. Burrell, Holly K. Herndon, Joshua Konecky of Saperstein, Goldstein, Demchak, & Baller to appear pro hac vice on behalf of plaintiffs in this matter. ( signed by Judge William H. Pauley III ); Document forwarded to attorney admissions clerk. (dle) Modified on 12/18/2002 (Entered: 12/18/2002)

Dec. 16, 2002

Dec. 16, 2002

PACER
51

NOTICE OF MOTION by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey for Adam T. Klein to appear pro hac vice for pltff's . Proposed Order attached. No Return Date indicated. (db) Modified on 02/19/2003 (Entered: 02/19/2003)

Feb. 11, 2003

Feb. 11, 2003

PACER
52

DECLARATION of Morris J. Baller by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support motion to appear pro hac vice. (db) (Entered: 02/19/2003)

Feb. 11, 2003

Feb. 11, 2003

PACER
53

DECLARATION of Adam T. Klein by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support Re: [51-1] motion for Adam T. Klein to appear pro hac vice for pltff's . (db) (Entered: 02/19/2003)

Feb. 11, 2003

Feb. 11, 2003

PACER
54

Order admitting attorney Morris J. Baller pro hac vice on behalf of the plaintiffs. ( signed by Judge William H. Pauley III ); FORWARDED DOCUMENT TO ATTORNEY ADMISSIONS CLERK. (tp) (Entered: 02/26/2003)

Feb. 11, 2003

Feb. 11, 2003

PACER
55

DECLARATION of Lisa M. Dungan by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey Re: and Index of Evidence in Support of Plaintiffs' Motion for Class Certification. (djc) (Entered: 03/04/2003)

Feb. 28, 2003

Feb. 28, 2003

PACER
56

NOTICE OF MOTION by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey to certify class action ; Return Date 6/4/03 at 9:30. (cd) (Entered: 03/04/2003)

Feb. 28, 2003

Feb. 28, 2003

PACER
57

MEMORANDUM OF LAW by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support of [56-1] motion to certify class action; accompanied with Volumes of Exhibits (cd) (Entered: 03/04/2003)

Feb. 28, 2003

Feb. 28, 2003

Clearinghouse
58

AMENDED MEMORANDUM OF LAW by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support of [56-1] motion to certify class action . (yv) (Entered: 03/27/2003)

March 20, 2003

March 20, 2003

Clearinghouse
59

AMENDED EXHIBIT 1 by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey to declaration of May Rafanan in support of plaintiffs' motion for class certification (yv) (Entered: 03/27/2003)

March 20, 2003

March 20, 2003

PACER
60

STIPULATION and ORDER; Plaintiffs may file the Second Amended Complaint ; ( signed by Judge William H. Pauley III ); (complaint not attached) (djc) Modified on 04/02/2003 (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

PACER
61

DEMAND for jury trial by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey . (cd) (Entered: 04/03/2003)

April 2, 2003

April 2, 2003

Clearinghouse
62

Memo-Endorsement on letter addressed to Judge Pauley from Teresa Demchak, dated 4/4/093. Re: parties request that dft be permitted to serve and file its submission in opposition to [56-1] class certification on 4/30/03, and that pltffs be permitted to serve and file their reply submission in support of [56-1] class certification on 5/14/03, and dft also requests permission to exceed the page limits of aforementioned submissions; a 40 page memorandum of laaw in opposition to [56-1] motion. Pltffs consent, so long they are permitted to submit a 20 page reply memorandum in support of [56-1] motion. All applications granted. Oral argument is rescheduled for 6/12/03 at 2:30 p.m. . ( signed by Judge William H. Pauley III ) (db) (Entered: 04/11/2003)

April 10, 2003

April 10, 2003

PACER

Deadline(s) updated: oral argument rescheduled for 6/12/03 at 2:30 p.m. as per Doc # 62, endorsement . (db)

April 10, 2003

April 10, 2003

PACER
63

MEMORANDUM OF LAW by Metropolitan Life in support of dfts opposition to pltffs motion to class certification. (db) (Entered: 05/05/2003)

April 30, 2003

April 30, 2003

Clearinghouse
64

DECLARATION of Jennifer Gray (PART 1) by Metropolitan Life in opposition Re: [56-1] motion to certify class action . (db) (Entered: 05/05/2003)

April 30, 2003

April 30, 2003

PACER
65

DECLARATION of Jennifer Gray (PART 2) by Metropolitan Life in opposition Re: [56-1] motion to certify class action . (db) (Entered: 05/05/2003)

April 30, 2003

April 30, 2003

PACER
66

DECLARATION of Anne M. Smith by Metropolitan Life in opposition Re: [56-1] motion to certify class action . (db) (Entered: 05/05/2003)

April 30, 2003

April 30, 2003

PACER
67

DECLARATION of Jonathan E. Sachs by Metropolitan Life in opposition Re: [56-1] motion to certify class action . (db) (Entered: 05/05/2003)

April 30, 2003

April 30, 2003

PACER
68

Memo-Endorsement on letter addressed to Judge Pauley from David Borgen, dated 05/09/03; granting counsel's request that the briefing schedule and the oral argument with respect to plaintiffs' class certification motion be vacated. The remaining briefing schedule and oral argument are adjourned indefinitely ; reset status conference for 2:30 p.m. on 6/12/03 ; Plaiintiff's counsel is directed to serve this order on all parties ; ( signed by Judge William H. Pauley III ); (djc) (Entered: 05/13/2003)

May 12, 2003

May 12, 2003

PACER
69

Memorandum to Docket Clerk: Status conference held and concluded 6/12/03. (ja) (Entered: 06/18/2003)

June 12, 2003

June 12, 2003

PACER

Status Conference held before Judge William H. Pauley III . (ja)

June 12, 2003

June 12, 2003

PACER
70

ORDER; The parties shall submit their proposed consent decree and settlement documents to the Court by July 25, 2003 ; a telephone conference is scheduled for 4:45 p.m. on 8/12/03, to discuss further scheduling issues . ( signed by Judge William H. Pauley III ); Copies mailed by Chambers. (jco) (Entered: 06/18/2003)

June 18, 2003

June 18, 2003

PACER
71

Memo-Endorsement on letter addressed to Judge Pauley from David Borgen/Allen I. Fagin, dated 7/24/03 reset motion filing deadline for 7/30/03 for plntfs consent decree and motion for preliminary approval of the settlement ( signed by Judge William H. Pauley III ); (cd) (Entered: 07/31/2003)

July 29, 2003

July 29, 2003

PACER
72

NOTICE OF MOTION by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey, Metropolitan Life for an order of class certification of the settlement class, for an order for preliminary approval of the Consent Decree, for an order for an award of attorneys' fees, and for an order for approval of class notice . No Return Date. Proposed order attached. (sb) (Entered: 08/01/2003)

July 30, 2003

July 30, 2003

PACER
73

MEMORANDUM OF LAW by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support of [72-1] motion for an order of class certification of the settlement class, [72-2] motion for an order for preliminary approval of the Consent Decree, [72-3] motion for an order for an award of attorneys' fees, [72-4] motion for an order for approval of class notice. Appendix to Memorandum attached. (sb) Modified on 08/01/2003 (Entered: 08/01/2003)

July 30, 2003

July 30, 2003

Clearinghouse
74

DECLARATION of David Borgen by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support of [72-1] motion for an order of class certification of the settlement class, [72-2] motion for an order for preliminary approval of the Consent Decree, [72-3] motion for an order for an award of attorneys' fees, [72-4] motion for an order for approval of class notice . (sb) (Entered: 08/01/2003)

July 30, 2003

July 30, 2003

PACER
75

DECLARATION of Adam T. Klein by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support of [72-1] motion for an order of class certification of the settlement class, [72-2] motion for an order for preliminary approval of the Consent Decree, [72-3] motion for an order for an award of attorneys' fees, [72-4] motion for an order for approval of class notice. (sb) (Entered: 08/01/2003)

July 30, 2003

July 30, 2003

PACER

Telephone Conference held before Judge William H. Pauley III . (cd)

Aug. 12, 2003

Aug. 12, 2003

PACER
76

Memorandum to Docket Clerk: telephone conference held 8/12/03 (cd) (Entered: 08/18/2003)

Aug. 12, 2003

Aug. 12, 2003

PACER
77

ORDER Granting Conditional Certification of a Settlement Class, and Preliminary approval of Proposed Consent Decree and Award of Attorneys' fees and Costs, and Authorizing Class Notice; the Court finds that certification purs to FRCP 23(b)(2) of the following class for settlement purposes only is appropriate as set forth in this Order ; the Court approves the Notice presented by the parties ; the Court hereby sets a Hearing on 11/06/03 at 2:15 p.m. (the "Fairness Hearing") to determine whether the Consent Decree shall be given final approval ; if the court for any reason does not grant final approval of the consent Decree, all evidence and proceedings held in connection with this setlement approval process shall be without prejudice to the rights of the parties and the parties to this case will be returned to the positions they were in prior to the submission of the Proposed Consent Decree, as more specifically set forth in the Consent Decree ; ( signed by Judge William H. Pauley III ); (djc) (Entered: 08/20/2003)

Aug. 20, 2003

Aug. 20, 2003

PACER
78

NOTICE of Intent to Opt out of settlement by Stella Mitchell. (jco) (Entered: 10/22/2003)

Oct. 15, 2003

Oct. 15, 2003

PACER
79

NOTICE OF MOTION by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey to approve settlement class and consent decree ; Return Date 11/6/03 at 2:15. (cd) (Entered: 10/29/2003)

Oct. 27, 2003

Oct. 27, 2003

PACER
80

MEMORANDUM OF LAW by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support of [79-1] motion to approve settlement class and consent decree; accompanied with 2 volumes of Appendix (cd) (Entered: 10/29/2003)

Oct. 27, 2003

Oct. 27, 2003

PACER
81

NOTICE OF MOTION by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey for attorney fees and costs ; Return Date 11/6/03 at 2:15. (cd) (Entered: 10/29/2003)

Oct. 27, 2003

Oct. 27, 2003

PACER
82

MEMORANDUM OF LAW by Stella Mitchell, Hwa-Mei C. Gee, Barbara LaChance, Durpatty Persaud, Janet Ramsey in support of [81-1] motion for attorney fees and costs; accompanied with 2 Volumes of Appendix (cd) (Entered: 10/29/2003)

Oct. 27, 2003

Oct. 27, 2003

PACER
85

Letter filed by Metropolitan Life addressed to Judge Pauley from Allen I. Fagin, dated 11/04/03, re: advising Your Honor that they do not oppose Plaintiff's motion for final approval of settlement class and consent decree or plaintiffs' application for award of attorneys' fees and costs; (djc) (Entered: 11/12/2003)

Nov. 4, 2003

Nov. 4, 2003

PACER
83

ORDER, that for the reasons set forth, the Court is granting plaintiffs' [81-1] motion for attorney fees and costs in the amount of$3.4 million. ( signed by Judge William H. Pauley III ). (tp) (Entered: 11/06/2003)

Nov. 6, 2003

Nov. 6, 2003

Clearinghouse
84

ORDER, that for the reasons set forth, the Court is granting plaintiffs' [72-1] motion for an order of class certification of the settlement class; granting [72-2] motion for an order for preliminary approval of the Consent Decree; granting [72-3] motion for an order for an award of attorneys' fees. The Court dismisses the Mitchell Action on the merits and with prejudice, without fees or costs except as provided in the Consent Decree, and except as to the individual claims of opt-out Stella Mitchell . ( signed by Judge William H. Pauley III ). (tp) (Entered: 11/06/2003)

Nov. 6, 2003

Nov. 6, 2003

Clearinghouse

Case closed. (tp)

Nov. 6, 2003

Nov. 6, 2003

PACER
86

TRANSCRIPT of proceedings held on 11/6/2003 before Judge William H. Pauley.(pr, ) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

PACER
87

STIPULATION AND ORDER that the claim forms of the class members listed in the attached exihibt A shall be deemd timely and these class memvers may participate in the class settlement fund (Signed by Judge William H. Pauley III on 3/11/2004) (jsa, ) (Entered: 03/19/2004)

March 17, 2004

March 17, 2004

PACER
88

STIPULATION AND ORDER that class member Eliza Cohn shall be permitted to rescind her opt-out statement and participate in the class settlement. So Ordered. (Signed by Judge William H. Pauley III on 4/19/04) (jco, ) (Entered: 04/21/2004)

April 20, 2004

April 20, 2004

PACER
89

STIPULATION AND ORDER, that the claim forms of class members Julie A. Deliso-Pollicino, Patricia E Reid, Marie Mauricio-Ortiz and Cynthia M. Maggiolli shall be deemed timely and thsese class members may participate in the class settlement fund. (Signed by Judge William H. Pauley III on 6/7/04) (tp, ) (Entered: 06/10/2004)

June 9, 2004

June 9, 2004

PACER

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

Available 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

Content of Injunction:

Hire

Promotion

Position Restored

Reinstatement

Retroactive Seniority

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Utilize objective job description

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Comply with advertising/recruiting requirements

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

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

Amount Defendant Pays: $12.35 million (approxima

Order Duration: 2004 - 2006

Issues

General/Misc.:

Pattern or Practice

Retaliation

Discrimination Area:

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

Demotion

Disparate Impact

Disparate Treatment

Hiring

Pay / Benefits

Promotion

Seniority

Training

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female