Case: Calibuso v. Bank of America

2:10-cv-01413 | U.S. District Court for the Eastern District of New York

Filed Date: March 30, 2010

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On March 30, 2010, six plaintiffs filed a lawsuit in the U.S. District Court for the Eastern District of New York against Bank of America and Merrill Lynch. The plaintiffs represented a putative class of female financial advisors employed in the United States by either Bank of America (at any time since March 16, 2006) or Merrill Lynch (at any time since March 7, 2008). Plaintiffs filed the lawsuit under the Equal Pay Act, 29 U.S.C. § 206 et seq.; Title VII of the Civil Rights Act of 1964, 42 U…

On March 30, 2010, six plaintiffs filed a lawsuit in the U.S. District Court for the Eastern District of New York against Bank of America and Merrill Lynch. The plaintiffs represented a putative class of female financial advisors employed in the United States by either Bank of America (at any time since March 16, 2006) or Merrill Lynch (at any time since March 7, 2008). Plaintiffs filed the lawsuit under the Equal Pay Act, 29 U.S.C. § 206 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; and anti-discrimination state laws in New York, Florida, Missouri, and New Jersey.

Specifically, plaintiffs alleged that defendants' discriminatory policies in compensation and business opportunities created a disparate impact on female financial advisors. Plaintiffs also alleged that defendants retaliated against them when they complained about the discrimination. Represented by private counsel, the plaintiffs sought injunctive relief, an award of back and front pay, compensatory and punitive damages, and attorneys' fees for alleged sex discrimination.

On October 26, 2011, defendants filed a motion to dismiss, which the court (Judge Joseph F. Bianco) denied on September 27, 2012. Calibuso v. Bank of America, 893 F. Supp. 2d 374 (E.D.N.Y. 2012). Relying on the Supreme Court's decision in Wal-Mart Stores v. Dukes earlier that year, defendants argued that plaintiffs' class claims could not meet the commonality requirements under 23(a) of the Federal Rules of Civil Procedure because the claims were based on subjective, managerial decisions. The court disagreed, reasoning that the plaintiffs in this case had alleged that discriminatory policies guided those subjective decisions, and that the Supreme Court in Dukes made clear that the commonality requirement could be satisfied "if the subjective decision-making was operated under a general policy of discrimination." Id. at 377 (internal citation and quotation marks omitted).

Following the order denying the defendants' motion to dismiss, the parties proceeded with discovery. On April 19, 2013, the case was reassigned to Judge Pamela K. Chen. On September 6, 2013, the parties submitted a proposed settlement for the court's approval.

On September 30, two individuals, one of them a class member, sought to intervene to represent African American women who they believed would be harmed by the programmatic relief in the proposed settlement. Along with one of the named plaintiffs, they also objected to the proposed settlement on the basis of the inadequacy of the proposed injunctive relief for the affected class of female financial advisors. On October 4, 2013, Judge Chen denied the motion to intervene. The intervenors filed a notice of appeal of this denial to the Second Circuit Court of Appeals on November 1, 2013, but ultimately withdrew their appeal after Judge Chen approved the class-action settlement on December 27, 2013. Prior to the approval of the settlement, the objectors and class counsel reached agreement based on certain changes to the original settlement proposal.

The approved settlement included attorneys' fees and costs, monetary relief to named plaintiffs, and a $775,000 settlement fund to resolve the individual non-class claims of four named plaintiffs. In addition to monetary relief, the settlement included programmatic relief, binding for three years from February 1, 2014. The programmatic relief included a study and periodic review by an independent settlement monitor, maintenance of a gender-neutral Account Distribution Policy, and quarterly reviews of account redistributions. The court retained jurisdiction over the case for those three years, and the case is now closed.

Summary Authors

Jordan Rossen (11/21/2013)

Sarah McDonald (3/25/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4519911/parties/calibuso-v-bank-of-america-corporation/


Judge(s)

Bianco, Joseph Frank (New York)

Chen, Pamela K. (District of Columbia)

Attorneys(s) for Plaintiff

Arora, Reena (New York)

Bish, Suzanne Elaine (Illinois)

Brewington, Frederick K (New York)

Dermody, Kelly M. (California)

Friedman, Linda (Illinois)

Geman, Rachel (New York)

Glink, Shona B. (Illinois)

Greene, Cara Elizabeth (New York)

Judge(s)

Bianco, Joseph Frank (New York)

Chen, Pamela K. (District of Columbia)

Attorneys(s) for Plaintiff

Arora, Reena (New York)

Bish, Suzanne Elaine (Illinois)

Brewington, Frederick K (New York)

Dermody, Kelly M. (California)

Friedman, Linda (Illinois)

Geman, Rachel (New York)

Glink, Shona B. (Illinois)

Greene, Cara Elizabeth (New York)

Hirose, Mariko (New York)

Klein, Adam T. (New York)

Liu, Jennifer Lin (New York)

Stocking, Alison M. (California)

Swartz, Justin (New York)

Wong, Heather H (California)

Attorneys(s) for Defendant

Baumgarten, Joseph (New York)

Gray, Keisha-Ann G. (New York)

Huggins, Kristine Kathryn (New York)

Parker, Katherine H. (New York)

Pearlman, Steven (New York)

Smith, Gershom Radin (New York)

Documents in the Clearinghouse

Document

2:10-cv-01413

Docket [Pacer]

April 30, 2014

April 30, 2014

Docket
1

2:10-cv-01413

Complaint

March 30, 2010

March 30, 2010

Complaint
108

2:10-cv-01413

Third Amended Complaint

Oct. 5, 2011

Oct. 5, 2011

Complaint
134

2:10-cv-01413

Memorandum and Order [Denying Defendants' Motion to Dismiss]

893 F.Supp.2d 374

Sept. 27, 2012

Sept. 27, 2012

Order/Opinion
154

2:10-cv-01413

Memorandum of Law in Support of Motion for Approval of Class Action Settlement, Provisional Certification of Class, Approval and Distribution of the Notice of Settlement, and Appointment of Plaintiffs' Counsel as Class Counsel

Sept. 6, 2013

Sept. 6, 2013

Pleading / Motion / Brief
153

2:10-cv-01413

Notice of Motion for Preliminary Approval of Class Action Settlement, Provisional Certification of Settlement Class, Approval and Distribution of the Notice of Settlement, and Appointment of Plaintiffs’ Counsel as Class Counsel

Sept. 6, 2013

Sept. 6, 2013

Pleading / Motion / Brief
172

2:10-cv-01413

Memorandum and Order

Calibuso v. Bank of America Corporation

2013 WL 5532631

Oct. 4, 2013

Oct. 4, 2013

Order/Opinion
201

2:10-cv-01413

Revised Settlement Agreement

Calibuso v. Bank of America Corporation

Dec. 27, 2013

Dec. 27, 2013

Settlement Agreement
202

2:10-cv-01413

Order Granting Final Approval of (I) Class Action Settlement and (II) Request for Attorneys' Fees and Costs, Service Awards for Named Plaintiffs, and Individual Named Plaintiffs' Settlement Fund; and Final Judgment

Calibuso v. Bank of America Corporation

2013 WL 12370127

Dec. 27, 2013

Dec. 27, 2013

Order/Opinion
205

2:10-cv-01413

Memorandum on Final Approval of Class Action Settlement

Calibuso v. Bank of America Corporation

299 F.R.D. 359, 2014 WL 1779472

April 30, 2014

April 30, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4519911/calibuso-v-bank-of-america-corporation/

Last updated Aug. 9, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
175

PACER
176

1 Notice of Class and Collective Action

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PACER
177

RECAP
178

PACER
182

RECAP
183

PACER
188

PACER
189

RECAP
201

RECAP
1

COMPLAINT against Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. Disclosure Statement on Civil Cover Sheet completed -No,, filed by Julie Moss, Dianne Goedtel, Judy Calibuso. (Attachments: # 1 Civil Cover Sheet) (Ryan, Mary) (Entered: 03/31/2010)

1 Civil Cover Sheet

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2 Civil Cover Sheet

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March 30, 2010

March 30, 2010

RECAP
2

WAIVER OF SERVICE Returned Executed by Julie Moss, Dianne Goedtel, Judy Calibuso. Merrill Lynch, Pierce, Fenner & Smith, Inc. waiver sent on 4/5/2010, answer due 6/4/2010. (Greene, Cara) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
3

WAIVER OF SERVICE Returned Executed by Julie Moss, Dianne Goedtel, Judy Calibuso. Merrill Lynch & Co., Inc. waiver sent on 4/5/2010, answer due 6/4/2010. (Greene, Cara) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
4

WAIVER OF SERVICE Returned Executed by Julie Moss, Dianne Goedtel, Judy Calibuso. Bank of America Corporation waiver sent on 4/5/2010, answer due 6/4/2010. (Greene, Cara) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
5

MOTION for Leave to Appear Pro Hac Vice - Heather H. Wong Filing fee $ 25, receipt number 0207-4108289. by Judy Calibuso, Dianne Goedtel, Julie Moss. (Attachments: # 1 Affidavit of Heather H. Wong In Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order Admission to Practice Pro Hac Vice, # 3 Affidavit of Service) (Greene, Cara) (Entered: 04/22/2010)

2 Affidavit of Heather H. Wong In Support of Motion to Admit Counsel Pro Hac Vice

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3 Proposed Order Admission to Practice Pro Hac Vice

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4 Affidavit of Service

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April 22, 2010

April 22, 2010

PACER
6

MOTION for Leave to Appear Pro Hac Vice - Kelly M. Dermody by Judy Calibuso, Dianne Goedtel, Julie Moss. (Attachments: # 1 Affidavit of Kelly M. Dermody In Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order Admission to Practice Pro Hac Vice, # 3 Affidavit of Service) (Greene, Cara) Modified on 4/23/2010 to include receipt number 0207-4108198 per call from atty.(Bollbach, Jean). (Entered: 04/22/2010)

2 Affidavit of Kelly M. Dermody In Support of Motion to Admit Counsel Pro Hac Vice

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3 Proposed Order Admission to Practice Pro Hac Vice

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4 Affidavit of Service

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April 22, 2010

April 22, 2010

PACER
7

ORDER granting 5 Motion for Leave to Appear Pro Hac VicePro Hac Vice; granting 6 Motion for Leave to Appear Pro Hac VicePro Hac Vice. Ordered by Magistrate Judge Michael L. Orenstein on 4/23/2010. (Imrie, Robert) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER
8

NOTICE of Appearance by Gershom Radin Smith on behalf of Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (aty to be noticed) (Smith, Gershom) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
9

NOTICE of Appearance by Joseph Baumgarten on behalf of Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (aty to be noticed) (Baumgarten, Joseph) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
10

NOTICE of Appearance by Katherine H. Parker on behalf of Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (aty to be noticed) (Parker, Katherine) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
11

Corporate Disclosure Statement by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (Parker, Katherine) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
12

STIPULATION re 1 Complaint, between the undersigned, that Defendants' time to answer or respond to Plaintiffs' Class Action Complaint shall be extended from 6-4-10 through 6-30-10. by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (Parker, Katherine) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
13

ORDER TO ANSWER re 12 Stipulation, filed by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. Bank of America Corporation answer due 6/30/2010; Merrill Lynch & Co., Inc. answer due 6/30/2010; Merrill Lynch, Pierce, Fenner & Smith, Inc. answer due 6/30/2010. Ordered by Magistrate Judge Michael L. Orenstein on 6/7/2010. (Imrie, Robert) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

PACER
14

STIPULATION that the Plaintiffs may serve their Amended Class Action Complaint on or before 8/2/2010 and Defendants will answer or otherwise respond to Plaintiffs' Class Action Complaint on or before 9/15/2010 by Bank of America Corporation, Judy Calibuso, Dianne Goedtel, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Julie Moss (Parker, Katherine) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

PACER
15

AMENDED COMPLAINT against Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., filed by Julie Moss, Dianne Goedtel, Judy Calibuso. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Klein, Adam) (Entered: 08/02/2010)

1 Exhibit 1

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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Aug. 2, 2010

Aug. 2, 2010

PACER
16

NOTICE of Appearance by Kelly M. Dermody on behalf of Judy Calibuso, Dianne Goedtel, Julie Moss, V. Katherine Aird, Jean Evans (aty to be noticed) (Dermody, Kelly) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER
17

NOTICE of Appearance by Heather H. Wong on behalf of V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss (aty to be noticed) (Wong, Heather) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER
18

Defendants' ANSWER to 15 Amended Complaint, by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Parker, Katherine) (Entered: 09/15/2010)

Sept. 15, 2010

Sept. 15, 2010

PACER
19

NOTICE of Appearance by Jennifer Lin Liu on behalf of V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss (aty to be noticed) (Liu, Jennifer) (Entered: 09/27/2010)

Sept. 27, 2010

Sept. 27, 2010

PACER
20

Letter MOTION for Hearing and preliminary conference to address certain discovery issues and a schedule for discovery by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: # 1 Proposed Order Joint Stipulation of Confidentiality and Proposed Protective Order) (Baumgarten, Joseph) (Entered: 10/04/2010)

2 Proposed Order Joint Stipulation of Confidentiality and Proposed Protective Orde

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Oct. 4, 2010

Oct. 4, 2010

PACER
21

ORDER granting 20 Motion for conference to the extent that an initial conference has been scheduled for 10/22/10 before the undersigned. See order and attachment.Ordered by Magistrate Judge William D. Wall on 10/4/2010. (Attachments: # 1 WDW rules) (Disbrow, Sandra) (Entered: 10/04/2010)

2 WDW rules

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Oct. 4, 2010

Oct. 4, 2010

PACER
22

Letter MOTION to Adjourn Conference scheduled for 10-22-10 to 11-2-10 by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Baumgarten, Joseph) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
23

MOTION to Compel by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Klein, Adam) (Entered: 10/13/2010)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Oct. 13, 2010

Oct. 13, 2010

PACER
24

RESPONSE to Motion re 23 MOTION to Compel filed by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: # 1 Exhibit Transcript dtd 11-13-02 (Hnot v. Willis Group), # 2 Exhibit Transcript dtd 1-9-03 (Hnot v. Willis Group)) (Baumgarten, Joseph) (Entered: 10/18/2010)

2 Exhibit Transcript dtd 11-13-02 (Hnot v. Willis Group)

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3 Exhibit Transcript dtd 1-9-03 (Hnot v. Willis Group)

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Oct. 18, 2010

Oct. 18, 2010

PACER
25

First MOTION for Discovery (30(b)(6) deposition related to Electronically Stored Information and data) by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Greene, Cara) (Entered: 10/26/2010)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Oct. 26, 2010

Oct. 26, 2010

PACER
26

RESPONSE to Motion re 25 First MOTION for Discovery (30(b)(6) deposition related to Electronically Stored Information and data)First MOTION for Discovery (30(b)(6) deposition related to Electronically Stored Information and data) filed by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Parker, Katherine) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

PACER
27

Minute Order for proceedings held before Magistrate Judge William D. Wall on 11/2/2010: denying 23, 25 without prejudice. See attached order for additional rulings. Next status conference will be held on 2/10/11. Ordered by Judge William D. Wall on 11/2/10. c/g (Disbrow, Sandra) (Entered: 11/02/2010)

Nov. 2, 2010

Nov. 2, 2010

PACER
28

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on NOVEMBER 02, 2010,CIVIL CAUSE FOR HEARING HELD before MAG. JUDGE WILLIAM D. WALL. Court Reporter/Transcriber TRACY GRIBBEN @ TERRY GRIBBEN'S TRANSCRIPTION SERVICE 27 BEACH ROAD, UNIT 4 MONMOUTH BEACH, NJ 07750, Telephone number TRACY GRIBBEN (732) 263-0044; (800) 603-6212, Fax No. (732) 263-0075. Email address: WWW.TGRIBBENTRANSCRIPTION.COM. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/23/2010. Redacted Transcript Deadline set for 1/3/2011. Release of Transcript Restriction set for 3/2/2011.KEITH ANGELO JONES. (Jones, Keith) (Entered: 12/02/2010)

Dec. 2, 2010

Dec. 2, 2010

PACER
29

Letter with Exhibit A by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss (Geman, Rachel) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER
30

Letter MOTION for Hearing to address certain discovery issues, with Exhibit A by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss. (Geman, Rachel) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER
31

NOTICE of Appearance by Mariko Hirose on behalf of V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss (aty to be noticed) (Hirose, Mariko) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
32

Letter MOTION for Hearing by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss. (Geman, Rachel) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
33

Letter from Katherine H. Parker, Esq. to Judge Wall, in responses to Plaintiffs' 12/21/10 letter, by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (Parker, Katherine) (Entered: 12/27/2010)

Dec. 27, 2010

Dec. 27, 2010

PACER
34

Letter in responses to Plaintiff 12/22/10 to your Honor by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (Parker, Katherine) (Entered: 12/28/2010)

Dec. 28, 2010

Dec. 28, 2010

PACER
35

NOTICE of Change of Address by Katherine H. Parker effective January 18, 2011 from 1585 Broadway Ny NY 10036 to Eleven Time Square, NY NY 10036-8299. (Parker, Katherine) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

PACER
36

NOTICE of Change of Address by Gershom Radin Smith, effectice January 18, 2011, Proskauer Rose LLP will move from 1585 Broadway New York, NY 10036 to Eleven Time Square, New York NY 10036-8299. (Smith, Gershom) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

PACER
37

NOTICE of Change of Address by Joseph Baumgarten, effective January 18, 2011, Proskauer Rose LLP will from 1585 Broadway New York, NY 10036 to Eleven Time Square New York, NY 10036-8299. (Baumgarten, Joseph) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

PACER
38

NOTICE of Appearance by Heather H. Wong on behalf of V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss (notification declined or already on case) (Wong, Heather) (Entered: 01/12/2011)

Jan. 12, 2011

Jan. 12, 2011

PACER
39

NOTICE of Appearance by Frederick K. Brewington on behalf of V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss (aty to be noticed) (Brewington, Frederick) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
40

PRETRIAL ORDER The next status conference will be held on 2/10/11. Ordered by Magistrate Judge William D. Wall on 1/13/2011. (Hepworth, F.) Modified on 1/14/2011 changing the filed date to 1/13/11(Talbott, Thomas). (Entered: 01/14/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
41

STIPULATION AMENDMENT to the Joint Stipulation and [Proposed] Protective Order filed as an Attachment 1 to the Letter Motion filed on 10-4-10 (docket entry 20). by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (Parker, Katherine) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

PACER
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on JANUARY 13, 2011,CIVIL CAUSE FOR ORAL ARGUMENT HELD before MAG. JUDGE WILLIAM D. WALL. Court Reporter/Transcriber TYPING AT YOUR DOORSTEP(R. GRANT), Telephone number (888) 866-5134 FAX 800-860-5722. Email address: TAYDS@COURT-TRANSCRIPTS.NET. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/16/2011. Redacted Transcript Deadline set for 2/28/2011. Release of Transcript Restriction set for 4/26/2011.KEITH ANGELO JONES. (Jones, Keith) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

PACER
43

Letter to Magistrate Judge Wall from Katharine Parker of Proskauer on behalf of defendants dated 2-8-10 regarding the status of discovery pursuant to Judge Wall's directive dated 11-2-10 by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (Parker, Katherine) (Additional attachment(s) added on 2/9/2011: # 1 Attachment 1, # 2 Attachment 2) (Glueckert, Lisa). Modified, added 2 attachments to the docket entry, as per request of Louis Bigliani on 2/9/2011 (Glueckert, Lisa). (Entered: 02/08/2011)

2 Attachment 1

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3 Attachment 2

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Feb. 8, 2011

Feb. 8, 2011

PACER
44

ORDER: For the reasons set forth in the attached order, the stipluation and protective order submitted as [20-1] is So Ordered, with the exception of paragraph 7, which is stricken. The amendment 41 to the order is hereby So Ordered. Ordered by Judge William D. Wall on 2/8/2011. (Disbrow, Sandra) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

PACER
45

Letter to The Honorable Magistrate William D. Wall from Rachel Geman Pursuant to Directives dated 11/2/10 and 2/8/11 by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss (Geman, Rachel) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

PACER
46

ORDER OF RECUSAL: Magistrate Judge William D. Wall recused pursuant to 28 U.S.C., Section 455(a). Case reassigned to Magistrate Judge E. Thomas Boyle for all further referral proceedings. Ordered by Magistrate Judge William D. Wall on 2/9/2011. Motions referred to E. Thomas Boyle. (Mahon, Cinthia) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
47

Letter MOTION for Hearing re 45 Letter to Honorable E. Thomas Boyle by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss. (Wong, Heather) (Entered: 02/14/2011)

Feb. 14, 2011

Feb. 14, 2011

PACER
48

Letter MOTION to Adjourn Conference set for 2-22-11. Parties are available for a conference on 2-23-11 or such other dates that are convenient for the Court by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Parker, Katherine) (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

PACER
49

Letter MOTION for pre motion conference to discuss Defendants' anticipated motion for partial judgment on the pleadings and/or partial summary judgment under FRCP 12(c) and/or 56(b) by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Parker, Katherine) (Entered: 02/18/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
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Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference held on 2/23/2011, ( Status Conference by phone set for 3/4/2011 at 04:30 PM before Magistrate Judge E. Thomas Boyle.) ( Telephone Conference to be held after telephone conference before Judge Bianco) The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). (So ordered by Mag. Judge Boyle on 2/23/11). (Tape #10:14-11:15, 1:03-1:30.) (Lundy, Lisa) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

PACER
51

RESPONSE in Opposition re 49 Letter MOTION for pre motion conference to discuss Defendants' anticipated motion for partial judgment on the pleadings and/or partial summary judgment under FRCP 12(c) and/or 56(b)Letter MOTION for pre motion conference to discuss Defendants' anticipated motion for partial judgment on the pleadings and/or partial summary judgment under FRCP 12(c) and/or 56(b) filed by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss. (Klein, Adam) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

PACER
52

Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference by phone held on 3/4/2011, For the reasons discussed on the record, since the parties have failed to agree to the priority disclosure and stay recommended by the court at the 2/23/11, the court sets the following schedule for all discovery including any experts; class discovery shall be completed by 6/3/11; Merits discovery completed by 12/5/11; Class & merit disclosure shall proceed on simultaneous dual tracks. It is noted that this action commenced 12 months ago. ( Final Pretrial Conference set for 12/21/2011 01:30 PM before Magistrate Judge E. Thomas Boyle.) Lastly the parties are directed to Local Civil Rule 26.5 which is applicable to this action. (So ordered by Mag. Judge Boyle on 3/4/11). (Tape #4:36-4:59.) (Lundy, Lisa) (Entered: 03/07/2011)

March 4, 2011

March 4, 2011

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Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone pre motion Conference held on 3/4/2011; submit a letter to the court by 3/11/11 (Court Reporter ftr 4:14 - 4:21.) (Bollbach, Jean) (Entered: 03/08/2011)

March 4, 2011

March 4, 2011

PACER
54

STIPULATION Joint Stipulation and [Proposed] Order Withdrawing V. Katherine Aird as a Class Representative by V. Katherine Aird, Bank of America Corporation, Judy Calibuso, Jean Evans, Dianne Goedtel, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Julie Moss (Geman, Rachel) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

PACER
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Letter Joint Letter to Judge Bianco re Second Amended Complaint and Proposed Briefing Schedule by V. Katherine Aird, Bank of America Corporation, Judy Calibuso, Jean Evans, Dianne Goedtel, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Julie Moss (Attachments: # 1 Proposed Order Joint Stipulation and [Proposed] Order) (Wong, Heather) (Entered: 03/11/2011)

2 Proposed Order Joint Stipulation and [Proposed] Order

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March 11, 2011

March 11, 2011

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ORDER allowing plaintiffs to file second amended complaint and settign breifing schedule for defts proposed Rule 12(c) motion - see document for full details.. Ordered by Judge Joseph F. Bianco on 3/14/2011. (Bollbach, Jean) (Entered: 03/23/2011)

March 14, 2011

March 14, 2011

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on MARCH 04, 2011,CIVIL CAUSE FOR TELEPHONE CONFERENCE HELD before MAG. JUDGE E. THOAMS BOYLE. Court Reporter/Transcriber LINDA FERRARA FOR TYPING AT YOUR DOORSTEP, Telephone number (888) 866-5134; Fax No. (800) 860-5722. Email address: TAYDS@COURT-TRANSCRIPTS.NET. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/15/2011. Redacted Transcript Deadline set for 4/25/2011. Release of Transcript Restriction set for 6/23/2011.KEITH ANGELO JONES. (Jones, Keith) (Entered: 03/25/2011)

March 25, 2011

March 25, 2011

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STIPULATION and Proposed Protective Order Regarding Materials to be filed Under Seal by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (Baumgarten, Joseph) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on FEBRUARY 23, 2011,CIVIL CAUSE FOR CONFERENCE HELD before MAG. JUDGE E. THOMAS BOYLE. Court Reporter/Transcriber LINDA FERRARA FOR TYPING AT YOUR DOORSTEP, Telephone number R. GRANT; (888) 866-5134; Fax No. (800) 860-5722. Email address: TAYDS@court-transcripts.net. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/3/2011. Redacted Transcript Deadline set for 5/13/2011. Release of Transcript Restriction set for 7/11/2011.KEITH ANGELO JONES. (Jones, Keith) (Entered: 04/12/2011)

April 12, 2011

April 12, 2011

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60

Letter MOTION to Stay by Bank of America Corporation, Judy Calibuso, Jean Evans, Dianne Goedtel, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Julie Moss. (Attachments: # 1 Proposed Order) (Klein, Adam) (Entered: 04/15/2011)

2 Proposed Order

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April 15, 2011

April 15, 2011

PACER
61

Letter MOTION for Extension of Time to File Defendants' Answer to Second Amended Complaint, Defendants' Partial Motion to Dismiss, Plaintiffs' Opposition to Defendants' Motion to Dismiss, and Defendants' Reply in Support of their Motion to Dismiss by Bank of America Corporation, Judy Calibuso, Jean Evans, Dianne Goedtel, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Julie Moss. (Klein, Adam) (Entered: 04/15/2011)

April 15, 2011

April 15, 2011

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Letter Motion For Reconsideration to judge Thomas Boyle dated 4/21/2011 by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. (Baumgarten, Joseph) Modified on 4/25/2011 (Lundy, Lisa). (Entered: 04/22/2011)

April 22, 2011

April 22, 2011

PACER
63

Letter MOTION for Extension of Time to File Answer to the Second Amended Complaint, Defendants' Partial Motion to dismiss, Plaintiffs' opposition to Dismiss and Defendants' Reply in Support of their Motion to Dismiss by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Parker, Katherine) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

PACER
64

NOTICE by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc. re 55 Letter, Defendants' Answer to Second Amended Class and Collective Action Complaint (Parker, Katherine) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

PACER
65

MOTION to Dismiss Partial Motion to Dismiss by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: # 1 Memorandum in Support of Defendants' Partial Motion to Dismiss, # 2 Declaration of Katharine H. Parker in Support of Defendants' Partial Motion to Dismiss, # 3 Exhibit A to Parker Declaration, # 4 Exhibit B to Parker Declaration, # 5 Exhibit C to Parker Declaration, # 6 Exhibit D to Parker Declaration, # 7 Exhibit E to Parker Declaration, # 8 Exhibit F to Parker Declaration, # 9 Exhibit G to Parker Declaration, # 10 Exhibit H to Parker Declaration, # 11 Exhibit I to Parker Declaration, # 12 Exhibit J to Parker Declaration, # 13 Exhibit K to Parker Declaration, # 14 Exhibit L to Parker Declaration, # 15 Exhibit M to Parker Declaration, # 16 Exhibit N to Parker Declaration, # 17 Exhibit O to Parker Declaration, # 18 Exhibit P to Parker Declaration, # 19 Exhibit Q to Parker Declaration, # 20 Exhibit R to Parker Declaration, # 21 Exhibit S to Parker Declaration, # 22 Exhibit T to Parker Declaration, # 23 Exhibit U to Parker Declaration, # 24 Exhibit V to Parker Declaration, # 25 Exhibit W to Parker Declaration, # 26 Exhibit X to Parker Declaration, # 27 Exhibit Y to Parker Declaration, # 28 Exhibit Z to Parker Declaration, # 29 Exhibit AA to Parker Declaration, # 30 Exhibit AB to Parker Declaration, # 31 Exhibit AC to Parker Declaration, # 32 Exhibit AD to Parker Declaration, # 33 Exhibit AE to Parker Declaration, # 34 Exhibit AF to Parker Declaration, # 35 Exhibit AG to Parker Declaration, # 36 Exhibit AH to Parker Declaration, # 37 Exhibit AI to Parker Declaration, # 38 Exhibit AJ to Parker Declaration) (Parker, Katherine) (Entered: 05/05/2011)

2 Memorandum in Support of Defendants' Partial Motion to Dismiss

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3 Declaration of Katharine H. Parker in Support of Defendants' Partial Motion

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4 Exhibit A to Parker Declaration

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5 Exhibit B to Parker Declaration

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6 Exhibit C to Parker Declaration

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7 Exhibit D to Parker Declaration

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8 Exhibit E to Parker Declaration

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9 Exhibit F to Parker Declaration

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10 Exhibit G to Parker Declaration

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11 Exhibit H to Parker Declaration

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12 Exhibit I to Parker Declaration

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13 Exhibit J to Parker Declaration

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14 Exhibit K to Parker Declaration

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15 Exhibit L to Parker Declaration

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16 Exhibit M to Parker Declaration

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17 Exhibit N to Parker Declaration

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18 Exhibit O to Parker Declaration

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19 Exhibit P to Parker Declaration

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20 Exhibit Q to Parker Declaration

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21 Exhibit R to Parker Declaration

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22 Exhibit S to Parker Declaration

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23 Exhibit T to Parker Declaration

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24 Exhibit U to Parker Declaration

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25 Exhibit V to Parker Declaration

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26 Exhibit W to Parker Declaration

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27 Exhibit X to Parker Declaration

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28 Exhibit Y to Parker Declaration

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29 Exhibit Z to Parker Declaration

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30 Exhibit AA to Parker Declaration

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31 Exhibit AB to Parker Declaration

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32 Exhibit AC to Parker Declaration

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33 Exhibit AD to Parker Declaration

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34 Exhibit AE to Parker Declaration

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35 Exhibit AF to Parker Declaration

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36 Exhibit AG to Parker Declaration

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37 Exhibit AH to Parker Declaration

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38 Exhibit AI to Parker Declaration

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39 Exhibit AJ to Parker Declaration

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May 5, 2011

May 5, 2011

PACER
66

MEMORANDUM in Opposition re 65 MOTION to Dismiss Partial Motion to Dismiss [REDACTED] filed by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss. (Geman, Rachel) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
67

DECLARATION re 66 Memorandum in Opposition OF HEATHER H. WONG IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' PARTIAL MOTION TO DISMISS by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49) (Geman, Rachel) (Entered: 06/14/2011)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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21 Exhibit 20

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22 Exhibit 21

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23 Exhibit 22

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24 Exhibit 23

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25 Exhibit 24

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26 Exhibit 25

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27 Exhibit 26

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28 Exhibit 27

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29 Exhibit 28

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30 Exhibit 29

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31 Exhibit 30

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32 Exhibit 31

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33 Exhibit 32

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34 Exhibit 33

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35 Exhibit 34

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36 Exhibit 35

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37 Exhibit 36

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38 Exhibit 37

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39 Exhibit 38

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40 Exhibit 39

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41 Exhibit 40

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42 Exhibit 41

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43 Exhibit 42

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44 Exhibit 43

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45 Exhibit 44

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46 Exhibit 45

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47 Exhibit 46

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48 Exhibit 47

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49 Exhibit 48

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50 Exhibit 49

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June 14, 2011

June 14, 2011

PACER
68

CERTIFICATE OF SERVICE by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss VIA FEDERAL EXPRESS (Geman, Rachel) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
69

Letter MOTION for pre motion conference by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: # 1 Exhibit U.S. Supreme Court Decision [ Wal-Mart Stores, Inc v. Dukes]) (Parker, Katherine) (Entered: 06/27/2011)

2 Exhibit U.S. Supreme Court Decision [ Wal-Mart Stores, Inc v. Dukes]

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June 27, 2011

June 27, 2011

PACER
70

RESPONSE to Motion re 69 Letter MOTION for pre motion conference filed by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Geman, Rachel) (Entered: 06/29/2011)

2 Exhibit A

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3 Exhibit B

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June 29, 2011

June 29, 2011

PACER
71

REPLY to Response to Motion re 65 MOTION to Dismiss Partial Motion to Dismiss Reply Memorandum of Law in Support of Defendants' Partial Motion to Dismiss filed by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Parker, Katherine) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
72

AFFIDAVIT/DECLARATION in Support re 65 MOTION to Dismiss Partial Motion to Dismiss Declaration of Katharine H. Parker, Esq in support of Defendants' Partial Motion to Dismiss filed by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: # 1 Exhibit) (Parker, Katherine) (Entered: 07/08/2011)

2 Exhibit

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July 8, 2011

July 8, 2011

PACER
97

Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone pre motion Conference held on 7/18/2011; motion to be filed by 8/9/11; response by 9/9/11; reply by 9/23/11; oral argument scheduled for 8/5/11 is adjourned to 10/26/11 (Court Reporter ftr 2:27 - 2:35.) (Bollbach, Jean) (Entered: 07/28/2011)

July 18, 2011

July 18, 2011

PACER
98

MOTION to Dismiss and/or Strike Class Claims Pursuant to Wal-Mart Stores, Inc. v. Dukes by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: # 1 Memorandum in Support) (Parker, Katherine) (Entered: 08/09/2011)

1 Memorandum in Support

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Aug. 9, 2011

Aug. 9, 2011

PACER
99

Letter MOTION for pre motion conference by Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss. (Attachments: # 1 Exhibit A) (Klein, Adam) (Entered: 08/31/2011)

1 Exhibit A

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Aug. 31, 2011

Aug. 31, 2011

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100

STIPULATION re 99 Letter MOTION for pre motion conference, 98 MOTION to Dismiss and/or Strike Class Claims Pursuant to Wal-Mart Stores, Inc. v. Dukes, Briefing Schedule for Motion to Strike Class Claims by Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss (Greene, Cara) (Entered: 09/01/2011)

Sept. 1, 2011

Sept. 1, 2011

PACER
101

SCHEDULING ORDER: defts to submit letter in response to plaintiffs letter request on or before 9/9/11; deadline for plaintiffs to file response is 9/30/11; defts reply by 10/21/11. Ordered by Judge Joseph F. Bianco on 9/2/2011. (Bollbach, Jean) (Entered: 09/09/2011)

Sept. 2, 2011

Sept. 2, 2011

PACER
102

RESPONSE in Opposition re 99 Letter MOTION for pre motion conference filed by All Defendants. (Parker, Katherine) (Entered: 09/09/2011)

Sept. 9, 2011

Sept. 9, 2011

PACER
103

NOTICE by Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss of Right to Sue as to Mary DeSalvatore (Attachments: # 1 Exhibit Notice of Right to Sue as to Mary DeSalvatore) (Hirose, Mariko) (Entered: 09/20/2011)

1 Exhibit Notice of Right to Sue as to Mary DeSalvatore

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Sept. 20, 2011

Sept. 20, 2011

PACER
104

MOTION for Extension of Time to File by V. Katherine Aird, Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss. (Geman, Rachel) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
105

Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 10/4/2011; motion to be filed by 10/6/11 (3rd amended complaint); renewed motion by 10/26/11; response by 11/22/11; reply by 12/6/11; oral argument set for 1/6/12 at 1:00 pm; Discovery stayed. Third amended complaint to be refiled as separate file. (Tape #ftr 1:40 - 1:58.) (Bollbach, Jean) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
106

NOTICE of Appearance by Reena Arora on behalf of Judy Calibuso, Jean Evans, Dianne Goedtel, Julie Moss, Mary DeSalvatore (aty to be noticed) (Arora, Reena) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
107

ORDER. The final conference scheduled for December 12, 2011 at 1:30 p.m. is canceled based on the stay of discovery. Plaintiffs' counsel is directed to serve a copy of this order on all parties upon receipt. Ordered by Magistrate Judge E. Thomas Boyle on 10/5/2011. (Joy, Dolores) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
108

AMENDED COMPLAINT THIRD AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT against All Defendants, filed by Julie Moss, Dianne Goedtel, Jean Evans, Judy Calibuso, Mary DeSalvatore. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Klein, Adam) (Entered: 10/05/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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Oct. 5, 2011

Oct. 5, 2011

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109

Letter MOTION to Adjourn Conference Oral Argument on January 6, 2012 by Judy Calibuso, Mary DeSalvatore, Jean Evans, Dianne Goedtel, Julie Moss. (Hirose, Mariko) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
110

MOTION for Leave to Appear Pro Hac Vice of Alison M. Stocking Filing fee $ 25, receipt number 0207-5063859. by Judy Calibuso, Mary DeSalvatore, Jean Evans, Dianne Goedtel, Julie Moss. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Certificate of Service) (Geman, Rachel) (Entered: 10/06/2011)

1 Affidavit

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2 Proposed Order

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3 Certificate of Service

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Oct. 6, 2011

Oct. 6, 2011

PACER
111

NOTICE of Appearance by Alison M. Stocking on behalf of Judy Calibuso, Mary DeSalvatore, Jean Evans, Dianne Goedtel, Julie Moss (aty to be noticed) (Stocking, Alison) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
112

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of defendants' Motion to Dismiss and/or Strike Class Claims in plaintiffs' Third Amended Complaint, # 2 Declaration Declaration of Katharine H. Parker, Esq., # 3 Exhibit A, # 4 Exhibit B) (Parker, Katherine) (Entered: 10/26/2011)

1 Memorandum in Support Memorandum of Law in Support of defendants' Motion to

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2 Declaration Declaration of Katharine H. Parker, Esq.

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3 Exhibit A

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4 Exhibit B

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Oct. 26, 2011

Oct. 26, 2011

PACER
113

MEMORANDUM in Opposition TO DEFENDANTS MOTION TO DISMISS AND/OR STRIKE CLASS CLAIMS IN PLAINTIFFS THIRD AMENDED COMPLAINT filed by Judy Calibuso, Mary DeSalvatore, Jean Evans, Dianne Goedtel, Julie Moss. (Attachments: # 1 Declaration of Alison M. Stocking and Exhibit A) (Geman, Rachel) (Entered: 11/22/2011)

1 Declaration of Alison M. Stocking and Exhibit A

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Nov. 22, 2011

Nov. 22, 2011

PACER
114

REPLY to Response to Motion re 112 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reply Memorandum of Law in Support of Defendants' Motion to Dismiss and/or Strike Class Claims in Plaintiffs' Third Amended Complaint filed by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Parker, Katherine) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
115

REPLY in Support re 112 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Notice of Supplemental Authority in Support of Defendants' Motion to Dismiss and/or Strike Class Claims in Plaintiffs' Third Amended Complaint filed by Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Parker, Katherine) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

RECAP

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 30, 2010

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A putative class consisting of (a) all female Financial Advisors employed by Bank of America in the United States at any time from March 16, 2006, through the resolution of this action, and (b) all female Financial Advisors employed by Merrill in the United States at any time from March 7, 2008, through the resolution of this action.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Outten & Golden

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Bank of America, Private Entity/Person

Case Details

Causes of Action:

State law

Equal Pay Act, 29 U.S.C. § 206(d)

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 13, 587,018

Order Duration: 2014 - 2017

Content of Injunction:

Training

Auditing

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Reporting

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female