Case: Kassman v. KPMG LLP

1:11-cv-03743 | U.S. District Court for the Southern District of New York

Filed Date: June 2, 2011

Closed Date: June 22, 2022

Clearinghouse coding complete

Case Summary

On June 2, 2011, a female former manager filed this putative class action lawsuit in the U.S. District Court for the Southern District of New York against KPMG LLP, a large accounting and professional services firm. The plaintiff asserted claims of gender discrimination under the Equal Pay Act, Title VII of the Civil Rights Act, and state and local laws. Represented by private counsel, she sought permanent injunctive relief and damages for gender-based employment discrimination. The case was as…

On June 2, 2011, a female former manager filed this putative class action lawsuit in the U.S. District Court for the Southern District of New York against KPMG LLP, a large accounting and professional services firm. The plaintiff asserted claims of gender discrimination under the Equal Pay Act, Title VII of the Civil Rights Act, and state and local laws. Represented by private counsel, she sought permanent injunctive relief and damages for gender-based employment discrimination. The case was assigned to Judge Jesse M. Furman.

In September 2011 and in May 2016, the plaintiff joined claims with several other former and current female employees at KPMG. The plaintiffs ultimately requested class certification for: “all female exempt Client Service and Support Professionals, including but not limited to Associates, Senior Associates, Managers, Senior Managers/Directors and Managing Directors…who are, or have been, employed by KPMG nationwide during the applicable liability period until the date of judgment.” The plaintiffs also brought analogous claims under New York City and New York state laws and sought to certify a New York subclass.

The plaintiffs claimed that KPMG had engaged in a pattern and practice of gender discrimination stemming from policies that lacked transparency and fairness. In total, the complaint alleged nineteen counts of employment discrimination on behalf of different combinations of named and putative class plaintiffs.

Specifically, the plaintiffs alleged the following on behalf of the nationwide class:

  1. pay discrimination, promotion discrimination, and pregnancy and caregiving discrimination in violation of Title VII;
  2. denial of equal pay for equal work under the Equal Pay Act.
They also alleged the following on behalf of the New York subclass:
  1. pay discrimination, promotion discrimination, and pregnancy and caregiving discrimination in violation of the New York State Human Rights Law and the New York City Human Rights Law;
  2. denial of equal pay for equal work under the New York State Equal Pay Acts.
Finally, the named plaintiffs pursued individual claims for retaliation in violation of Title VII and New York City and New York state laws; pregnancy discrimination in violation of the Family and Medical Leave Act; and race discrimination in violation of 42 U.S.C. §1981.

On February 7, 2013, the court granted the KPMG’s motion to strike class claims under New York State and New York City laws that were brought on behalf of plaintiffs who neither worked nor lived in the relevant jurisdictions. The court also dismissed some individual counts of discrimination, but denied KPMG’s motion with respect to all other counts. 925 F. Supp. 2d 453.

The case was reassigned to Judge Lorna G. Schofield in March 2013. On July 8, 2014, the court granted the plaintiffs’ motion for conditional certification of the class. 2014 WL 3298884. On September 4, 2015, the court granted the plaintiffs’ motion for equitable tolling of the statute of limitations. (Under the principle of equitable tolling, the court has discretion to suspend the statute of limitations period in certain situations to prevent an inequitable outcome.) The court adjusted the limitations period to cover all claims from March 2009–March 2012, and to cover all class-action plaintiffs who had opted in by April 2015. 2015 WL 5178400. The Equal Pay Act claims consisted of 1,112 opt-in plaintiffs.

However, on November 30, 2018, the court held that the plaintiffs could not meet the requirements for class certification in light of the Supreme Court’s decision in Wal-Mart v. Dukes, which made it extremely difficult for a gender discrimination suit to proceed as a class action where the discriminatory treatment was the product of local supervisors exercising their discretion in awarding pay and promotions. The district court found that the plaintiffs here could not show a common mode of decision-making by supervisors that would warrant class certification with respect to the Title VII claims and that the plaintiffs had not shown that members of the opt-in class for the Equal Pay Act claims worked for a “single establishment” and were all “similarly situated.” The Court also denied class certification for the New York subclass. 2018 WL 6264853.

The plaintiffs appealed the district court’s decision, but on March 19, 2019, the Second Circuit Court of Appeals (Judges Rosemary Pooler, Denny Chin, and Richard Eaton) denied the appeal, holding that immediate appeal was not warranted. The Second Circuit also granted a motion allowing non-parties to file an amicus brief.

Discovery continued in the district court. On September 27, 2019, KPMG filed a motion to dismiss certain Equal Pay Act claims. This motion was partially granted as to certain plaintiffs but not others on July 15, 2020. 2020 WL 4003367. This case is ongoing as of August 2020.

Summary Authors

Christianna Kyriacou (11/21/2013)

Sara Stearns (4/17/2019)

Bogyung Lim (8/6/2020)

Nina Leeds (2/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4349163/parties/kassman-v-kpmg-llp/


Judge(s)
Attorney for Plaintiff

Ahern, Conor Daniel (District of Columbia)

Attorney for Defendant

Adlakha, Rajeev K. (New York)

Angelo, Robert L. (New York)

Annand, Franklin D. (New York)

Aranyos, Stephanie Lauren (New York)

Expert/Monitor/Master/Other
Judge(s)

Schofield, Lorna Gail (New York)

Attorney for Defendant

Adlakha, Rajeev K. (New York)

Angelo, Robert L. (New York)

Annand, Franklin D. (New York)

Aranyos, Stephanie Lauren (New York)

Ascher, Stephen L (New York)

Ashworth, William Pruitt (New York)

BAKER, MATTHEW A. (New York)

Ballard, Gregory Gil (New York)

Barloon, Joseph L. (New York)

Barnes, Dales E. (New York)

Barrett, Claudia M. (New York)

Barrett, Sheila Vera (New York)

Baskin, Stuart J. (New York)

Baxter, Daniel Lawrence (New York)

Begey, Michael D. (New York)

Beil, Marshall (New York)

Bendinger, Gary F. (New York)

Bieber, Tammy P. (New York)

BLAZEK, ANNE GRABER (New York)

Bray, John M. (New York)

Brown, Phillip A. (New York)

Brown, George Howard (New York)

BRUMBAUGH, JOHN PATTERSON (New York)

Burke, Kevin Anthony (New York)

Carroll, Michael P. (New York)

Catlett, Steven T. (New York)

Ciatti, Michael J. (New York)

Cicero, Joseph Benedict (New York)

Clarke, Martha (New York)

Crowson, Gabriel A. (New York)

Curtis, George B. (New York)

Davidson, Charles Simon (New York)

Davis, W. Sidney (New York)

Dennin, Peter J. (New York)

Desmond, Michael K. (New York)

Dickey, Jonathan C. (New York)

Dinan, Kevin M. (New York)

Dworsky, Marc T.G. (New York)

Ecker, Steven David (New York)

EDGECOMBE, JASON RICHARD (New York)

Ellis, Bradley Howard (New York)

Farina, Steven M. (New York)

Felix, Wesley D. (New York)

Figliulo, James R. (New York)

Fink, Scott A. (New York)

Flanagan, Michael Francis (New York)

Flood, Emmet Thomas (New York)

Flynn, Michael S. (New York)

Foley, Douglas Michael (New York)

Gearns, Mary Gail (New York)

Gonderinger, Robert M. (New York)

Gordinier, Todd Elliot (New York)

Gowdy, Bryan Scott (New York)

Greenblum, Benjamin M. (New York)

Greer, George E (New York)

Gueli, John (New York)

Ha, Charles J (New York)

Harris, Christopher (New York)

Harris, John B. (New York)

Hart, Douglas Roger (California)

Hatchett, Joseph W. (New York)

Haynes, Joseph Bernard (New York)

Heyworth, James O. (New York)

HIGBY, CLIFFORD CARLTON (New York)

Hodges, Kevin Michael (New York)

Hoffman, Eric G (New York)

Hughes, Peter O. (New Jersey)

JACOBS, HARA K. (New York)

Jones, Stephanie D. (New York)

JR., THOMAS M. (New York)

KAHN, GEOFFREY A. (New York)

Kane, Rachel B (New York)

Katsambas, Panagiotis (New York)

Katsur, Melanie L. (New York)

Kaufman, R. David (New York)

Kean, Seth M. (New York)

Kelley, Michael (New York)

Kenney, Colleen M. (Illinois)

KESSLER, FREDERICK REED (New York)

Kim, Edward S. (New York)

KIM, STEVEN D. (New York)

Kirk, W. L. (New York)

Knowles, Sean C. (New York)

Konsky, Sarah M. (Illinois)

Kramer, Kenneth M. (New York)

Lassar, Scott R. (New York)

Lastowski, Michael R. (New York)

Lawrence, Amanda Raines (New York)

Lazerson, Wendy M. (California)

Lemire, Mark J. (New York)

Lesinski, Kevin J. (New York)

Levi, John G. (Illinois)

Lingo, Bradley Jason (New York)

Loseman, Monica K. (New York)

Loseman-Barwind, Monica K. (New York)

Lotsoff, Jonathan D (Illinois)

Maginnis, Edward Hallett (New York)

Maimone, Michael J. (New York)

Malkin, Harold (New York)

MARCHETTA, ANTHONY J. (New York)

Marod, Edward Alan (New York)

McGurn, Kristin G. (New York)

McIntyre, Charles William (New York)

McLaughlin, Terence Kevin (New York)

McNeel, Taylor B. (New York)

Michael, Martin P. (New York)

Moll, Stefanie R (New York)

Montague, M. Gavan (New York)

Moore, Steven Woodrow (Colorado)

Morrison, Kristin S.M. (New York)

Morrison, Jessica E. (New York)

Moynihan, Lauren E (New York)

Murphy, Thomas J. (New York)

O'Brien, William H (New York)

O'Connor, Sarah Lochner (New York)

ORLANDO, CHRISTINE S. (New York)

Pace, Chris R (Missouri)

Park, Tai H. (New York)

PARZEN, STANLEY J. (New York)

Patterson, Nancy L (New York)

Percopo, Lissa M. (New York)

Perlgut, Lauren Beth (New York)

Phalen, James T. (New York)

Phillips, Lori Lynn (New York)

PHV, Amelia Toy (New York)

PHV, Patricia Anne (New York)

Powell, Matthew Wells (New York)

Quillen, Gwyn Donna (New York)

Rauh, Carl S. (New York)

Reuter, Teresa L. (New York)

Richardson, Heather Lynn (New York)

Rissier, John Warren (New York)

ROGERS, EDWARD D. (New York)

Roller, Jeremy E (New York)

Romain, Alex Giscard (New York)

Rosenfeld, Jeffrey (New York)

Rubin, Lori Allison (New York)

Sabrin, Amy (New York)

Salter, George A. (New York)

Saunders, Diane Marjorie (Massachusetts)

Scher, Robert Allen (New York)

Schwartz, William J (New York)

Sevcik, Elizabeth A. (New York)

Sharer, Jeffrey Charles (New York)

SHULMAN, CARREN B. (New York)

Silverman, Peter A. (New York)

Skalka, David J. (New York)

Sohi, Nima Eghbali (New York)

Soni, Gazeena Kaur (New York)

Spiegel, Lawrence S (New York)

Stanhouse, Darren William (New York)

Stanton, Cheryl Marie (New York)

Stelzer, Gregory L. (New York)

Stern, Andrew W. (New York)

Taggart, Craig A (New York)

Temple, Mark D (New York)

Thomases, Stephanie Leigh (New York)

Titus, Demetria C. (New York)

Tocco, David J. (New York)

Tulumello, Andrew Santo (New York)

Turkus, Albert H. (New York)

Tycko, Jonathan K. (New York)

USELTON, RUTH S. (New York)

Vick, T Scott (New York)

Vick, Scott (New York)

Wagner, David L. (New York)

Walker, Melanie Elizabeth (Illinois)

Wang, Peter Neil (New York)

Ward, David James (New York)

WARDELL, EDWARD S. (New York)

Warin, Francis Joseph (New York)

Webner, Robert N. (New York)

Weinberg-Brodt, Chaya F (New York)

Wells, David M. (New York)

Whitaker, Henry Charles (New York)

Wilder, M. Byron (New York)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:11-cv-03743

Docket [PACER]

Aug. 4, 2020

Aug. 4, 2020

Docket
1

1:11-cv-03743

Complaint

June 2, 2011

June 2, 2011

Complaint

2011 WL 2011

35

1:11-cv-03743

Third Amended Class Action Complaint

Jan. 6, 2012

Jan. 6, 2012

Complaint
69

1:11-cv-03743

Opinion and Order (Granting in part and Denying in part 36 Motion to Dismiss)

Feb. 7, 2013

Feb. 7, 2013

Order/Opinion

925 F.Supp.2d 925

87

1:11-cv-03743

Plaintiffs' Motion for Equitable Tolling of the Statute of Limitations for Absent Collective Action Members' Claims under the Equal Pay Act

May 13, 2013

May 13, 2013

Pleading / Motion / Brief
99

1:11-cv-03743

Order (Directing Clerk of Court to Close Motion No. 87)

Aug. 20, 2013

Aug. 20, 2013

Order/Opinion
175

1:11-cv-03743

Opinion and Order

July 8, 2014

July 8, 2014

Order/Opinion

2014 WL 2014

413

1:11-cv-03743

Opinion and Order

Sept. 4, 2015

Sept. 4, 2015

Order/Opinion

2015 WL 2015

548

1:11-cv-03743

Fourth Amended Complaint

May 13, 2016

May 13, 2016

Complaint
831

1:11-cv-03743

Opinion and Order

Nov. 30, 2018

Nov. 30, 2018

Order/Opinion

2018 WL 2018

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4349163/kassman-v-kpmg-llp/

Last updated March 1, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against KPMG LLP. (Filing Fee $ 350.00, Receipt Number 1008108)Document filed by Donna Kassman.(ama) (Entered: 06/03/2011)

June 2, 2011

June 2, 2011

Clearinghouse

SUMMONS ISSUED as to KPMG LLP. (ama)

June 2, 2011

June 2, 2011

PACER

Magistrate Judge Frank Maas is so designated. (ama)

June 2, 2011

June 2, 2011

PACER

Case Designated ECF. (ama)

June 2, 2011

June 2, 2011

PACER
3

AMENDED COMPLAINT amending 1 Complaint against KPMG LLP with JURY DEMAND.Document filed by Donna Kassman. Related document: 1 Complaint filed by Donna Kassman.(tro) (Entered: 06/08/2011)

June 6, 2011

June 6, 2011

PACER
2

CONSENT TO JOIN CLASS. Document filed by Donna Kassman. (Attachments: # 1 Exhibit A)(Nurhussein, Siham) (Entered: 06/07/2011)

1 Exhibit A

View on PACER

June 7, 2011

June 7, 2011

PACER
4

NOTICE of Filing of Consent to Join Forms. Document filed by Donna Kassman. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Nurhussein, Siham) (Entered: 07/07/2011)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

July 7, 2011

July 7, 2011

PACER
5

FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT TO JOIN CLASS. Document filed by Donna Kassman. (Attachments: # 1 Exhibit A)(Nurhussein, Siham) Modified on 9/8/2011 (ka). (Entered: 09/07/2011)

1 Exhibit A

View on PACER

Sept. 7, 2011

Sept. 7, 2011

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Siham Nurhussein to RE-FILE Document 5 Consent to Join Class. ERROR(S): Consenting party pltff Linda O'Donnell missing from docket.***NOTE: When the computer prompts to ADD PARTY Joining Class party plaintiff, if not already added you must add Linda O'Donnell and select as the filer. Modified on 9/8/2011 (ka).

Sept. 8, 2011

Sept. 8, 2011

PACER
6

WAIVER OF SERVICE RETURNED EXECUTED. KPMG LLP waiver sent on 9/20/2011, answer due 11/21/2011. Document filed by Donna Kassman. (Nurhussein, Siham) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
7

MOTION for Leave to File Second Amended Complaint. Document filed by Donna Kassman. (Attachments: # 1 Exhibit A)(Nurhussein, Siham) (Entered: 09/29/2011)

1 Exhibit A

View on PACER

Sept. 29, 2011

Sept. 29, 2011

PACER
8

MEMORANDUM OF LAW in Support re: 7 MOTION for Leave to File Second Amended Complaint.. Document filed by Donna Kassman. (Nurhussein, Siham) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

RECAP
10

SECOND AMENDED COMPLAINT amending 3 Amended Complaint against KPMG LLP with JURY DEMAND.Document filed by Donna Kassman, Jeanette Potter, Sparkle Patterson, Ashwini Vasudeva, Linda O'Donnell. Related document: 3 Amended Complaint filed by Donna Kassman. (Received in the night deposit box on 9/29/11 at 7:19pm)(mro) (Additional attachment(s) added on 10/6/2011: # 1 Sec. Amended Complaint Pages 51-95) (ama). (Entered: 10/04/2011)

1 Sec. Amended Complaint Pages 51-95

View on RECAP

Sept. 29, 2011

Sept. 29, 2011

RECAP
9

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Donna Kassman. (Attachments: # 1 Exhibit A)(Nurhussein, Siham) Modified on 10/3/2011 (ka). (Entered: 09/30/2011)

1 Exhibit A

View on PACER

Sept. 30, 2011

Sept. 30, 2011

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Siham Nurhussein to RE-FILE Document 9 Consent to Become Party Plaintiff. Use the event type Consent to Join Class found under the event list Other Documents.***NOTE: When the computer prompts to "ADD PARTY Joining Class, if not already added" you MUST add new filer Linda O'Donnell with party role of plaintiff". Your entry should read as follows: "CONSENT TO JOIN CLASS. Document filed by Linda O'Donnell". (ka)

Oct. 3, 2011

Oct. 3, 2011

PACER

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Siham Nurhussein for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 10 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (mro)

Oct. 4, 2011

Oct. 4, 2011

PACER
11

MOTION for Katherine M. Kimpel to Appear Pro Hac Vice. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva.(pgu) (Entered: 10/05/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
12

MOTION for David W. Sanford to Appear Pro Hac Vice. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva.(pgu) (Entered: 10/05/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
13

CONSENT TO JOIN CLASS. Document filed by Linda O'Donnell. (Attachments: # 1 Exhibit A)(Nurhussein, Siham) (Entered: 10/05/2011)

1 Exhibit A

View on PACER

Oct. 5, 2011

Oct. 5, 2011

PACER

CASHIERS OFFICE REMARK on 12 Motion to Appear Pro Hac Vice, 11 Motion to Appear Pro Hac Vice in the amount of $400.00, paid on 10/04/2011, Receipt Number 1018128,1018129. (jd)

Oct. 6, 2011

Oct. 6, 2011

PACER
14

ORDER FOR ADMISSION PRO HAC VICE granting 12 Motion for David Sanford to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 10/17/2011) (cd) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
15

ORDER FOR ADMISSION PRO HAC VICE granting 11 Motion for Katherine Kimpel to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 10/17/2011) (cd) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
16

FILING ERROR - DEFICIENT DOCKET ERROR - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by KPMG LLP.(Stanton, Cheryl) Modified on 10/18/2011 (kco). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
17

FILING ERROR - DEFICIENT DOCKET ERROR - MEMORANDUM OF LAW in Opposition re: 7 MOTION for Leave to File Second Amended Complaint.. Document filed by KPMG LLP. (Attachments: # 1 Affidavit of Cheryl M. Stanton, # 2 Exhibit A, # 3 Exhibit B)(Stanton, Cheryl) Modified on 10/18/2011 (kco). (Entered: 10/17/2011)

1 Affidavit of Cheryl M. Stanton

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Oct. 17, 2011

Oct. 17, 2011

PACER
18

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by KPMG LLP.(Stanton, Cheryl) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
19

MEMORANDUM OF LAW in Opposition re: 7 MOTION for Leave to File Second Amended Complaint.. Document filed by KPMG LLP. (Attachments: # 1 Affidavit of Cheryl M. Stanton, # 2 Exhibit A, # 3 Exhibit B)(Stanton, Cheryl) (Entered: 10/18/2011)

1 Affidavit of Cheryl M. Stanton

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Oct. 18, 2011

Oct. 18, 2011

PACER
20

NOTICE OF APPEARANCE by Cheryl Marie Stanton on behalf of KPMG LLP (Stanton, Cheryl) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER
21

NOTICE OF APPEARANCE by Diane Marjorie Saunders on behalf of KPMG LLP (Saunders, Diane) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER
22

CONSENT MOTION for Extension of Time to File Response/Reply as to 19 Memorandum of Law in Opposition to Motion for Leave to File Second Amended Complaint. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva.(Nurhussein, Siham) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
23

MOTION for Steven W. Moore to Appear Pro Hac Vice. Document filed by KPMG LLP.(bcu) (pgu). (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
24

MOTION for Peter O. Hughes to Appear Pro Hac Vice. Document filed by KPMG LLP.(bcu) (pgu). (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER

CASHIERS OFFICE REMARK on 24 Motion to Appear Pro Hac Vice, 23 Motion to Appear Pro Hac Vice in the amount of $400.00, paid on 10/21/2011, Receipt Number 1019792,1019793. (jd)

Oct. 25, 2011

Oct. 25, 2011

PACER
25

ORDER granting 22 Motion for Extension of Time to File Response/Reply re 7 MOTION for Leave to File Second Amended Complaint. Replies due by 11/3/2011. It is hereby Ordered that the motion is GRANTED, and further Ordered, that the plaintiff shall have until 11/3/11 to file a reply in support of motion for leave second amended complaint, the length of which may total 15 pages. (Signed by Judge Richard J. Holwell on 10/28/2011) (jfe) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
26

ORDER FOR ADMISSION PRO HAC VICE: granting 23 Motion for Steven W. Moore to Appear Pro Hac Vice for all purposes as counsel for Defendant KMPG LLP in the above-captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Richard J. Holwell on 11/2/2011) (pl) (Entered: 11/03/2011)

Nov. 3, 2011

Nov. 3, 2011

PACER
27

ORDER FOR ADMISSION PRO HAC VICE granting 24 Motion for Peter O. Hughes to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 11/2/2011) (rjm) (Entered: 11/03/2011)

Nov. 3, 2011

Nov. 3, 2011

PACER
28

REPLY MEMORANDUM OF LAW in Support re: 7 MOTION for Leave to File Second Amended Complaint.. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva. (Attachments: # 1 Exhibit A)(Nurhussein, Siham) (Entered: 11/03/2011)

1 Exhibit A

View on PACER

Nov. 3, 2011

Nov. 3, 2011

PACER
29

ENDORSED LETTER: addressed to Judge Richard J. Holwell from Cheryl M. Stanton dated 11/21/2011 re: Pursuant to the Court's Individual Motion Practices, Defendant KPMG LLP respectfully request a pre-motion conference concerning its anticipated motion under Rule 12(b)(6) and Rule 23(d)(1)(D) to dismiss or strike class claims, and to dismiss certain individual claims in Plaintiff's First Amended Complaint. ENDORSEMENT: A pre-motion conference will be held on Thursday, December 8, 2011 at 2:30 p.m. Plaintiff shall respond to defendant's 11/21/2012 letter by December 2, 2011 So Ordered. (Signed by Judge Richard J. Holwell on 11/22/11) (js) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
30

MOTION for Katherine E. Lamm to Appear Pro Hac Vice. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva.(bwa) (Entered: 12/08/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell: Interim Pretrial Conference held on 12/8/2011. Plaintiff shall file further amended complaint by 12/23/11; Defendant's motion to dismiss by 1/17/12; Plaintiff's opposition filed by 2/17/12; Defendant's reply by 3/2/12. (jfe)

Dec. 8, 2011

Dec. 8, 2011

PACER
31

SCHEDULING ORDER: Plaintiffs shall file a further Amended Complaint by 12/23/2011. Defendant shall file any Motion to strike by 1/17/2012. Responses due by 2/17/2012, Replies due by 3/2/2012. (Signed by Judge Richard J. Holwell on 12/8/2011) (djc) Modified on 12/27/2011 (djc). (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER

CASHIERS OFFICE REMARK on 30 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 12/06/2011, Receipt Number 1023624. (jd)

Dec. 13, 2011

Dec. 13, 2011

PACER
32

ORDER FOR ADMISSION PRO HAC VICE granting 30 Motion for Katherine Lamm to Appear Pro Hac Vice. It is hereby ordered that Katherine Lamm is admitted to appear pro hac vice for all purposes as counsel for the plaintiffs. (Signed by Judge Richard J. Holwell on 12/19/2011) (mro) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
33

ENDORSED LETTER addressed to Judge Richard J. Holwell from Katherine Kimpel dated 12/12/11 re: Counsel writes to request the approval of the following proposed briefing schedule: motion to dismiss: 2/3/12; response: 3/2/12; reply: 3/16/12; third amended complaint: 1/6/12. ENDORSEMENT: Request granted. So ordered. ( Amended Pleadings due by 1/6/2012., Motions due by 2/3/2012., Responses due by 3/2/2012, Replies due by 3/16/2012.) (Signed by Judge Richard J. Holwell on 12/19/2011) (mro) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
34

NOTICE of Filing Third Amended Complaint re: 10 Amended Complaint,. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva. (Attachments: # 1 Exhibit A)(Nurhussein, Siham) (Entered: 01/06/2012)

1 Exhibit A

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Jan. 6, 2012

Jan. 6, 2012

PACER
35

THIRD AMENDED COMPLAINT amending 10 Amended Complaint, against KPMG LLP with JURY DEMAND.Document filed by Ashwini Vasudeva, Jeanette Potter, Donna Kassman, Linda O'Donnell, Sparkle Patterson. Related document: 10 Amended Complaint, filed by Sparkle Patterson, Donna Kassman, Linda O'Donnell, Ashwini Vasudeva, Jeanette Potter. (Received in the night deposit box on 1/6/12 at 10:11pm)(mro) (Entered: 01/10/2012)

Jan. 6, 2012

Jan. 6, 2012

Clearinghouse
36

MOTION to Dismiss Certain Claims, Sever All Plaintiffs Claims and Strike All Class Claims as Contained in the Third Amended Complaint. Document filed by KPMG LLP. (Attachments: # 1 Text of Proposed Order)(Stanton, Cheryl) (Entered: 02/03/2012)

1 Text of Proposed Order

View on PACER

Feb. 3, 2012

Feb. 3, 2012

PACER
37

MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss Certain Claims, Sever All Plaintiffs Claims and Strike All Class Claims as Contained in the Third Amended Complaint.. Document filed by KPMG LLP. (Attachments: # 1 Affidavit of Cheryl M. Stanton, # 2 Exhibit A, # 3 Exhibit B)(Stanton, Cheryl) (Entered: 02/03/2012)

1 Affidavit of Cheryl M. Stanton

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Feb. 3, 2012

Feb. 3, 2012

RECAP
38

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 36 MOTION to Dismiss Certain Claims, Sever All Plaintiffs Claims and Strike All Class Claims as Contained in the Third Amended Complaint.. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kimpel, Katherine) Modified on 3/5/2012 (db). (Entered: 03/03/2012)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

March 3, 2012

March 3, 2012

PACER
39

MEMORANDUM OF LAW in Opposition re: 36 MOTION to Dismiss Certain Claims, Sever All Plaintiffs Claims and Strike All Class Claims as Contained in the Third Amended Complaint. CORRECTED. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kimpel, Katherine) (Entered: 03/05/2012)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

March 5, 2012

March 5, 2012

PACER
40

REPLY MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss Certain Claims, Sever All Plaintiffs Claims and Strike All Class Claims as Contained in the Third Amended Complaint.. Document filed by KPMG LLP. (Stanton, Cheryl) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

RECAP
41

ENDORSED LETTER addressed to Judge Loretta A. Preska from Cheryl M. Stanton dated 3/14/2012 re: We respectfully seek permission from the Court that KPMG be permitted to file a reply brief that is 20 pages in length. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 3/20/2012) (lmb) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
42

MOTION for Leave to File Sur-Reply in Further Opposition to Defendant's Motion to Dismiss Certain Claims and to Strike Class Claims as Contained in the Third Amended Complaint. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva. (Attachments: # 1 Exhibit A)(Kimpel, Katherine) (Entered: 04/05/2012)

1 Exhibit A

View on PACER

April 5, 2012

April 5, 2012

PACER
43

MEMORANDUM OF LAW in Support re: 42 MOTION for Leave to File Sur-Reply in Further Opposition to Defendant's Motion to Dismiss Certain Claims and to Strike Class Claims as Contained in the Third Amended Complaint.. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva. (Kimpel, Katherine) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
44

NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Richard J. Holwell is no longer assigned to the case. (pgu) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
45

MEMORANDUM OF LAW in Opposition re: 42 MOTION for Leave to File Sur-Reply in Further Opposition to Defendant's Motion to Dismiss Certain Claims and to Strike Class Claims as Contained in the Third Amended Complaint.. Document filed by KPMG LLP. (Stanton, Cheryl) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
46

ORDER denying 42 Motion for Leave to File Sur-Reply in Further Opposition to Defendant's Motion to Dismiss Certain Claims and to Strike Class Claims as Contained in the Third Amended Complaint. This case was recently transferred to the undersigned. On April 5, 2012 Plaintiff filed a Motion for Leave to File a Sur-Reply in Further Opposition to Defendant's Motion to Dismiss. That motion is hereby DENIED. It is hereby ORDERED that unless notified otherwise by the Court, any Scheduling Order or Case Management Plan remains in effect notwithstanding the case's transfer, except that any currently scheduled conference or oral argument with the Court is adjourned until further notification. IT IS FURTHER ORDERED that each party must submit a letter to the Court, not to exceed five pages, updating the Court on the status of the case no later than May 4, 2012. The parties are directed to the Court's applicable Individual Rules and Practices (available at http://nysd.uscourts.gov /judge/Furman) regarding the submission of letters. The status letter should include the following information as further set forth in this order. (Signed by Judge Jesse M. Furman on 4/20/2012) (lmb) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

RECAP
47

NOTICE OF CHANGE OF ADDRESS by Cheryl Marie Stanton on behalf of KPMG LLP. New Address: Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 1745 Broadway, 22nd Floor, New York, NY, USA 10019, 212.492.2500. (Stanton, Cheryl) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
48

NOTICE OF CHANGE OF ADDRESS by Diane Marjorie Saunders on behalf of KPMG LLP. New Address: Ogletree, Deakins, Nash, Smoak & Stewart PC, One Boston Place, Suite 3220, Boston, MA, USA 02108, 617-994-5704. (Saunders, Diane) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

PACER
49

MOTION for Katie Mueting to Appear Pro Hac Vice. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva.(pgu) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
50

ORDER FOR ADMISSION PRO HAC VICE: granting 49 Motion for Katie Mueting to Appear Pro Hac Vice. Applicant having requested admission Pro Hac Vice to appear for all purposes as counsel for Plaintiffs and others similarly situated in the above entitled action. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Jesse M. Furman on 5/21/2012) (pl) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER

CASHIERS OFFICE REMARK on 49 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 05/16/2012, Receipt Number 1038461. (jd)

May 23, 2012

May 23, 2012

PACER
51

MOTION for John G. Levi to Appear Pro Hac Vice. Document filed by KPMG LLP.(bwa) (Entered: 06/13/2012)

June 11, 2012

June 11, 2012

PACER
52

ORDER FOR ADMISSION PRO HAC VICE granting 51 Motion for John G. Levi to Appear Pro Hac Vice. It is hereby Ordered that John G. Levi is admitted to to appear for all purposes as counsel for defendant KPMG LLP. (Signed by Judge Jesse M. Furman on 6/14/2012) (mro) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER

CASHIERS OFFICE REMARK on 51 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 06/11/2012, Receipt Number 1040653. (jd)

June 20, 2012

June 20, 2012

PACER
53

ENDORSED LETTER addressed to Judge Jesse M. Furman from Cheryl M. Stanton dated 7/20/2012 re: We propose to include in the Notice a two-paragraph explanation of how this new case is relevant to KPMG's Motion. ENDORSEMENT: Plaintiffs and Defendant may each file a letter, not to exceed two pages, with respect to the District Courts decision in Chen-Oster, on or before Friday, July 27, 2012. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/23/2012) (ama) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
54

Letter addressed to Judge Jesse M. Furman from Katherine M. Kimpel dated 7/27/2012 re: Accordingly, while this Court should find the great bulk of Judge Sand's findings in Chen-Oster persuasive in this case--consistent with the approach many courts have taken in Dukes' wake--Plaintiffs submit that neither his conclusion nor Dukes itself compel a finding that Plaintiffs lack (b)(2) standing. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva.(lmb) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
55

Letter addressed to Judge Jesse M. Furman from Cheryl M. Stanton dated 7/27/2012 re: KPMG respectfully submits the decision in Chen-Oster v. Goldman, Sachs, & Co., 10-CV-6950 (LBS) (S.D.N.Y. July 17, 2012) ("Chen-Oster") (Exhibit A) as supplemental authority in support of its Motion to Dismiss Certain Claims and To Strike Class Claims Contained in the Third Amended Complaint ("KPMG's Motion") [Master Dkt. No. 37]. We respectfully request that KPMG's Motion be granted, and that Plaintiffs class allegations be dismissed under Rule 12(b)(6) or, in the alternative, stricken. Document filed by KPMG LLP.(lmb) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
56

ENDORSED LETTER addressed to Judge Jesse M. Furman from Cheryl M. Stanton dated 8/24/2012 re: counsel for defendant respectfully requests leave to submit information regarding additional supplemental authority in Further Support of Its Motion to Dismiss Certain Claims and To Strike Class Claims as Contained in the Third Amended Complaint ("KPMG's Motion) [Master Dkt. No. 37]. ENDORSEMENT: Application granted. Each party may file a letter, not to exceed 3 pages and limited to the decision in Bolden, by August 31, 2012. (Signed by Judge Jesse M. Furman on 8/24/2012) (pl) (Entered: 08/27/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
57

Letter addressed to Judge Jesse M. Furman from Katherine M. Kimpel dated 8/31/2012 re: For these reasons, the Bolden decision in no way supports Defendant's Motion to Dismiss Certain Class Claims and to Strike Class Claims as Contained in the Third Amended Complaint. If anything, the Seventh Circuit's analysis in Bolden -like its analysis in McReynolds- supports the viability of Plaintiffs' case. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva.(lmb) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
58

Letter addressed to Judge Jesse M. Furman from Cheryl M. Stanton dated 8/31/2012 re: KPMG LLP ("KPMG") respectfully submits the decision in Bolden v. Walsh Construction Co., Case No. 12-2205, 2012 WL 3194593 (7th Cir. Aug. 8, 2012) ("Bolden") (Exhibit A) as supplemental authority in support of its Motion to Dismiss Certain Claims and to Strike Class Claims Contained in the Third Amended Complaint [Master Dkt. No. 37 ("KPMG's Motion")]. Document filed by KPMG LLP.(lmb) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
59

ENDORSED LETTER addressed to Judge Jesse M. Furman from Katherine M. Kimpel dated 10/04/2012 re: Plaintiffs respectfully request leave to provide the Court with supplemental authority in support of their Opposition to Defendant KPMG's Motion to Dismiss Certain Claims and to Strike Class Claims as Contained in the Third Amended Complaint (Dkt. 39). ENDORSEMENT: Application DENIED as the Court is aware of Judge Bianco's decision. (Signed by Judge Jesse M. Furman on 10/04/2012) (ama) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
60

NOTICE OF CHANGE OF ADDRESS by Jeremy Heisler on behalf of All Plaintiffs. New Address: Sanford Heisler, LLP, 1350 Avenue of the Americas, Floor 31, New York, New York, USA 10019, 646-402-5650. (Heisler, Jeremy) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
61

NOTICE OF CHANGE OF ADDRESS by Siham Nurhussein on behalf of All Plaintiffs. New Address: Sanford Heisler, LLP, 1350 Avenue of the Americas, Floor 31, New York, New York, United States 10019, 646-402-5650. (Nurhussein, Siham) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
62

NOTICE OF CHANGE OF ADDRESS by Deepika Bains on behalf of All Plaintiffs. New Address: Sanford Heisler, LLP, 1350 Avenue of the Americas, Floor 31, New York, New York, United States 10019, 646-402-5650. (Bains, Deepika) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
63

NOTICE OF CHANGE OF ADDRESS by David W. Sanford on behalf of All Plaintiffs. New Address: Sanford Heisler, LLP, 1666 Connecticut Ave. N.W., Suite 300, Washington, District of Columbia, United States 20009, 202-499-5201. (Sanford, David) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
64

NOTICE OF CHANGE OF ADDRESS by Katherine M. Kimpel on behalf of All Plaintiffs. New Address: Sanford Heisler, LLP, 1666 Connecticut Ave. N.W., Suite 300, Washington, District of Columbia, United States 20009, 202-499-5202. (Kimpel, Katherine) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
65

NOTICE OF CHANGE OF ADDRESS by Katherine E. Lamm on behalf of All Plaintiffs. New Address: Sanford Heisler, LLP, 1666 Connecticut Ave. N.W., Suite 300, Washington, District of Columbia, United States 20009, 202-499-5212. (Lamm, Katherine) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
66

NOTICE OF CHANGE OF ADDRESS by Katie Mueting on behalf of All Plaintiffs. New Address: Sanford Heisler, LLP, 1666 Connecticut Ave. N.W., Suite 300, Washington, District of Columbia, United States 20009, 202-499-5206. (Mueting, Katie) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
67

MOTION for Steven L. Wittels to Withdraw as Attorney. Document filed by Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva. (Attachments: # 1 Text of Proposed Order)(Kimpel, Katherine) (Entered: 12/04/2012)

1 Text of Proposed Order

View on PACER

Dec. 4, 2012

Dec. 4, 2012

RECAP
68

ORDER: granting 67 Motion to Withdraw as Attorney. granting 67 Motion to Withdraw as Attorney. Upon consideration of Plaintiffs' Motion to Withdraw Steven L. Wittels as Counsel of Record, the Court finds that good cause has been shown for the granting of the Motion. ACCORDINGLY, it is hereby ORDERED, that the Motion is GRANTED, and FURTHER ORDERED, that Mr. Steven L. Wittels be withdrawn as Plaintiffs' counsel in this matter. (Signed by Judge Jesse M. Furman on 12/5/2012) (mt) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
69

OPINION AND ORDER granting in part and denying in part 36 Motion to Dismiss. For the reasons discussed above, Defendants motions to strike or dismiss are GRANTED in part and DENIED in part. In particular, Defendants motions to strike or dismiss the class claims in their entirety in light of Dukes are DENIED. Defendants motion to strike the class claims under New York State and New York City law is GRANTED with respect to putative class members not living or working in the relevant jurisdictions, but DENIED with respect to putative class members living or working within those jurisdictions. Defendants motion to dismiss the disparate impact class claims is DENIED. Defendants motion to dismiss the individual Plaintiffs equal pay claims under the EPA and NYSEPA is DENIED, although Defendants motion to dismiss the individual Plaintiffs retaliation claims under those statutes is GRANTED. Defendants motion to dismiss Pattersons Title VII claims on grounds of timeliness or improper venue is DENIED. Defendants motion to dismiss Kassmans discriminatory performance evaluation claims is GRANTED as to claims prior to the statute of limitations and DENIED as to claims accruing after the statute of limitations. Defendants motion to dismiss Kassmans constructive discharge claim is DENIED. Finally, Defendants motion to sever and dismiss the individual claims other than Kassmans is DENIED. (Signed by Judge Jesse M. Furman on 2/7/2013) (ago) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

Clearinghouse
70

NOTICE OF INITIAL PRETRIAL CONFERENCE: It hereby ORDERED that Defendant shall file its answer to Plaintiffs' remaining claims on or before February 28, 2013. It is further ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on March 14, 2013 at 3:00p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Federal Rule of Civil Procedure 16 conference. Additionally, in accordance with the Court's Individual Rules and Practices, which are available at http://nysd.uscourts.gov/judge/Furman, the parties are hereby ORDERED to submit via e-mail(Furman_NYSDChambers@nysd.uscourts.gov) a Proposed Civil Case Management Plan and Scheduling Order by Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference.IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan and Scheduling Order, the parties jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth herein. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules and Practices (available at http://nysd.uscourts.gov/judge/Furman) forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally.( Initial Conference set for 3/14/2013 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.), KPMG LLP answer due 2/28/2013. (Signed by Judge Jesse M. Furman on 2/7/2013) (ago) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

PACER
71

NOTICE OF APPEARANCE by Wendy M. Lazerson on behalf of KPMG LLP (Lazerson, Wendy) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
72

ENDORSED LETTER addressed to Judge Jesse M. Furman from Katherine M. Kimpel dated 2/20/2013 re: We write on behalf of both parties to notify the Court of what we believe to be a typographical error in the Court's Order of February 7, 2013 (Dkt. 69)...Accordingly, the parties request the Court update the record on this matter. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 2/21/2013) (mt) Modified on 2/26/2013 (mt). (Entered: 02/22/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
73

ENDORSED LETTER addressed to Judge Jesse M. Furman from Cheryl M. Stanton dated 2/22/2013 re: Defendant KPMG LLP ("KPMG"), with the consent of Plaintiffs' counsel, respectfully requests a twenty-one (21) day extension, to and including Thursday, March 21, 2013, in which to file an Answer to the Third Amended Complaint. ENDORSEMENT: Application GRANTED. The parties shall promptly advise the Court if they believe that this extension warrants adjournment of the initial pretrial conference currently scheduled for March 14, 2013., KPMG LLP answer due 3/21/2013. (Signed by Judge Jesse M. Furman on 2/25/2013) (lmb) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER
74

REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for March 14, 2013, at 3:00 p.m., is RESCHEDULED for March 25, 2013, at 9:30 a.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Initial Conference set for 3/25/2013 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/4/2013) (lmb) (Entered: 03/05/2013)

March 4, 2013

March 4, 2013

PACER
75

ENDORSED LETTER: addressed to Judge Jesse M. Furman from Cheryl M. Stanton dated 3/6/2013 re: Counsel requests that the conference currently scheduled for March 25, 2013 be adjourned until Thursday, April 18, 2013. ENDORSEMENT: Application GRANTED. The pretrial conference is rescheduled for April 18, 2013, at 3 pm in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007. (Signed by Judge Jesse M. Furman on 3/7/2013) (js) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

PACER
76

MOTION for Colleen M. Kenney to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8337768. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPMG LLP. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Kenney, Colleen) (Entered: 03/19/2013)

1 Certificate of Good Standing

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

March 19, 2013

March 19, 2013

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 76 MOTION for Colleen M. Kenney to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8337768. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)

March 20, 2013

March 20, 2013

PACER
77

ORDER granting 76 Motion for Colleen M. Kenney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
78

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #79) - ANSWER to 35 Amended Complaint,. Document filed by KPMG LLP.(Stanton, Cheryl) Modified on 3/21/2013 (ldi). (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
79

ANSWER to 35 Amended Complaint,. Document filed by KPMG LLP.(Stanton, Cheryl) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
80

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Order filed January 3, 2011). Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 4/1/2013. (Signed by Judge Loretta A. Preska on 1/3/2011) (rpr) (Entered: 03/22/2013)

March 21, 2013

March 21, 2013

PACER
81

NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Jesse M. Furman is no longer assigned to the case. (pgu) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

PACER
82

ORDER: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Any open legal issues can be addressed at the conference. Initial Conference set for 4/22/2013 at 02:30 PM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/25/2013) (ft) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/2/2013.(cda)

April 2, 2013

April 2, 2013

PACER
83

Letter addressed to Judge Lorna G. Schofield from Cheryl M. Stanton dated 4/15/2013 re: Pursuant to the Court's Order dated March 25, 2013, the Parties in the above-captioned action hereby submit this joint letter providing the information requested in the Court's Notice. Document filed by KPMG LLP, Donna Kassman, Linda O'Donnell, Sparkle Patterson, Jeanette Potter, Ashwini Vasudeva.(ft) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER

***DELETED DOCKET ENTRY. Deleted docket entry Notice of Mediator Assignment. The document was incorrectly filed in this case. (sn)

April 17, 2013

April 17, 2013

PACER

Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 4/22/2013. (See Order) (jcs)

April 22, 2013

April 22, 2013

PACER
84

SCHEDULING ORDER: Expert Discovery due by 4/28/2014. The parties are directed to submit a status letter regarding electronic discovery by May 22, 2013. Status Conference set for 6/25/2013 at 02:30 PM before Judge Lorna G. Schofield. This action shall be removed from the Court annexed mediation program. Motions due by 5/13/2013. Responses due by 5/27/2013. Replies due by 6/3/2013. (Signed by Judge Lorna G. Schofield on 4/23/2013) (ft) (Entered: 04/24/2013)

April 23, 2013

April 23, 2013

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: June 2, 2011

Closing Date: June 22, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female employees and former employees of KMPG LLP.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

KPMG LLC (New York City), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

Equal Pay Act, 29 U.S.C. § 206(d)

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

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $10,000,000

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Disparate Impact

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Pay / Benefits

Promotion

Discrimination-basis:

Pregnancy discrimination

Race discrimination

Sex discrimination

Affected Sex or Gender:

Female