Case: Chen-Oster v. Goldman, Sachs

1:10-cv-06950 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 16, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 16, 2010, three women who were previously employed at Goldman Sachs filed a lawsuit against the company in the U.S. District Court for the Southern District of New York. Represented by private counsel, the plaintiffs alleged that Goldman Sachs engaged in a pattern of gender discrimination in violation of state law and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Specifically, they alleged that the company discriminated against them through its evaluation, c…

On September 16, 2010, three women who were previously employed at Goldman Sachs filed a lawsuit against the company in the U.S. District Court for the Southern District of New York. Represented by private counsel, the plaintiffs alleged that Goldman Sachs engaged in a pattern of gender discrimination in violation of state law and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Specifically, they alleged that the company discriminated against them through its evaluation, compensation, and promotion policies. The plaintiffs sought injunctive and declaratory relief on behalf of a class of female financial-services employees of Goldman Sachs who were at the Associate, Vice President, and Managing Director corporate level.

On November 22, 2010, Goldman Sachs filed a motion to stay the claims of one of the three plaintiffs and compel arbitration on the grounds that her claims were subject to an arbitration clause that she signed as part of her employment agreement. The Court (Magistrate Judge James C. Francis IV) denied the motion on April 28, 2011, concluding that, "because an arbitration clause may not be enforced if it precludes the vindication of substantive rights, and because a pattern or practice claim under Title VII can only be brought in the context of a class action, [the plaintiff]'s Title VII claim cannot be committed to arbitration . . . ." Chen-Oster v. Goldman, Sachs & Co., 785 F. Supp. 2d 394, 398 (S.D.N.Y. 2011) rev'd sub nom. Parisi v. Goldman, Sachs & Co., 710 F.3d 483 (2nd Cir. 2013). However, on March 21, 2013, the U.S. Court of Appeals for the Second Circuit (before Judges Barrington D. Parker, Reena Raggi, and Gerard E. Lynch) reversed the District Court's ruling. Parisi v. Goldman, Sachs & Co., 710 F.3d 483, 488 (2nd Cir. 2013). The Second Circuit rejected the view that a preclusion of a pattern-or-practice claim amounts to a deprivation of the plaintiff's substantive rights since "pattern-or-practice simply refers to a method of proof and does not constitute a freestanding cause of action." Id. at 487 (internal quotation marks omitted).

On October 15, 2012, the case was reassigned to Judge Jesse M. Furman. Judge Analisa Torres replaced Judge Furman on May 24, 2013.

The parties proceeded to the issue of class certification. Both sides moved to exclude portions of the other's expert testimony for failure to meet the standards in Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals. In a March 3, 2015 order, Mag. Judge Francis noted that courts disagree on whether to apply Daubert to motions for class certification. While noting that a full investigation into expert qualifications during class certification would be "premature," Mag. Judge Francis concluded that precedent applying Daubert to class certification was "more persuasive." After a review of the challenged experts' methods, Mag. Judge Francis excluded the defendant's matched pairs analysis and report on the financial services industry in general and declared evidence from plaintiff's "rebuttal expert" to be inappropriate so early in the proceedings.

On the same day, Mag. Judge Francis issued a report on plaintiff's motion for certification of a class of female associates and vice presidents who worked in Goldman Sachs' Investment Banking, Investment Management, and/or Securities Divisions in the United States under Federal Rule of Civil Procedure 23, parts (b)(2) (for injunctive relief) and (b)(3) (for damages). Relying on Judge Sand's prior, reluctant ruling in this case that injunctive relief is not available to plaintiffs no longer employed by defendant (877 F. Supp. 2d 113, 121), Mag. Judge Francis recommended that plaintiff's (b)(2) motion be denied. Mag. Judge Francis also advised against certifying under (b)(3) because "countless individualized factors" prevented common claims from predominating in the case. Nevertheless, Mag. Judge Francis remarked that this "is a close case" and hinted that injunctive relief should not have been foreclosed.

Mag. Judge Francis declined plaintiff's invitation to reconsider the report advising against class certification in an August 3, 2015 order. However, Mag. Judge Francis did grant permissive intervention of two additional plaintiffs whose claims "present the same core legal and factual issues" as those of the existing plaintiffs. Plaintiffs filed their second amended complaint on the same day, adding the two intervenors as plaintiffs and removing the plaintiff consigned to arbitration.

One June 6, 2016, Judge Torres denied defendant's appeal of Mag. Judge Francis' order allowing intervention, finding no clear error in Mag. Judge Francis' decision that intervention was timely and non-prejudicial. In addition, Judge Torres declined to treat the motion to intervene as dispositive, which would have triggered a heightened standard of review.

Defendants moved for dismissal of intervenors' claims on the grounds that they, as former employees, did not have standing to obtain an injunction. In an April 12, 2017 opinion, Judge Torres rejected Judge Sand's expansive reading of Wal-Mart Stores, Inc. v. Dukes that favored defendant's position. Instead, Judge Torres ruled that former employees may seek injunctive and declaratory relief. In particular, Judge Torres decided that one intervenor had standing because she was employed on the date she intervened, and the other intervenor's claims were not moot because she might be eligible for reinstatement. Shortly thereafter, the plaintiffs filed a supplemental amended complaint alleging retaliation by defendants as a result of the lawsuit.

Meanwhile, the court certified the defendants' interlocutory appeal on the propriety of intervention on June 14, 2017. The Second Circuit denied the petition for leave to appeal on August 29, 2017. The defendants did obtain an order allowing them to file documents with "sensitive business information" relating to salaries under seal on July 28, 2017.

Judge Torres' decision that plaintiffs could seek injunctive relief removed the basis of Mag. Judge Francis' recommendation against class certification. Consequently, Judge Torres re-opened the question of whether (b)(2) class certification would be appropriate in an August 30, 2017 order.

Mag. Judge Francis was replaced by Mag. Judge Lehrburger on October 31, 2017.

In a March 30, 2018 opinion, Judge Torres rejected the parties' objections to Mag. Judge Francis' decisions on expert testimony. Judge Torres deferred judgment on (b)(2) certification due to the delays caused by the numerous conflicting decisions on its applicability thus far in the litigation. In addition, Judge Torres denied (b)(3) certification on plaintiff's claims of a "boy's club" culture since "individualized proof" would "overwhelm" common issues. However, Judge Torres granted (b)(3) certification on plaintiff's other disparate impact and disparate treatment claims. Defendants asked the Second Circuit to review (b)(3) certification, and Mag. Judge Lehrburger denied defendant's motion to stay proceedings pending the appeal in an April 16, 2018 order.

On July 24, 2018, Mag. Judge Lehrburger ordered defendants to produce class contact information "without delay," largely adopting the defendants' wording of the opt-out form.

The Second Circuit dismissed the defendants' appeal of (b)(3) certification as "unwarranted" on September 4, 2018. Shortly thereafter, plaintiffs submitted a letter to the court withdrawing their motion for (b)(2) certification. They noted that injunctive relief would be available to a (b)(3) class, expressed concern that the lawsuit had "gone off the tracks" with respect to the class certification issue (defendants had requested en banc review of (b)(3) certification), and expressed a desire to proceed quickly to the merits. In response, the court dismissed all pending motions relating to (b)(2) certification on October 3, 2018.

On April 12, 2019, the defendant filed a motion to compel arbitration, stay the claims of certain class members, and exclude them from the class. On that same day, the plaintiffs filed a motion seeking to void arbitration agreements that were executed after the commencement of this lawsuit. The plaintiffs argued that the defendants' failure to notify class members that signing the agreement would waive their right to continue participating in the suit.

The parties continued to engage in extensive discovery disputes while the motion was pending.

On March 26, 2020, the court granted in part and conditionally granted in part the motion to compel arbitration. Further, the court granted in part and denied in part the plaintiffs' motion to void the arbitration clauses in agreements executed after the commencement of this lawsuit. As a result of this decision, over 1,000 members of the class had their claims dismissed and were ordered to pursue them in individual arbitration.

Discovery is set to conclude in June 2020. The case is ongoing.

Summary Authors

Jordan Rossen (2/20/2014)

Timothy Leake (12/6/2018)

Hope Brinn (5/13/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4348144/parties/chen-oster-v-goldman-sachs-co/


Judge(s)

Francis, James C. IV (New York)

Lehrburger, Robert W (New York)

Lynch, Gerard E. (New York)

Parker, Barrington Daniels Jr. (New York)

Raggi, Reena (New York)

Sand, Leonard Burke (New York)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Comenencia Ortiz, Valerie D (California)

Danna, Michael C (New York)

Dermody, Kelly M. (California)

Judge(s)

Francis, James C. IV (New York)

Lehrburger, Robert W (New York)

Lynch, Gerard E. (New York)

Parker, Barrington Daniels Jr. (New York)

Raggi, Reena (New York)

Sand, Leonard Burke (New York)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Comenencia Ortiz, Valerie D (California)

Danna, Michael C (New York)

Dermody, Kelly M. (California)

Dugger, Cyrus E (New York)

Geman, Rachel (New York)

Greene, Cara Elizabeth (New York)

Hirose, Mariko (New York)

Jean, Sabine (New York)

Jumper, Maya (New York)

Klein, Adam T. (New York)

Lamy, Michelle A. (California)

Levin-Gesundheit, Michael (California)

Liu, Jennifer Lin (New York)

Malalis, Carmelyn Pingol (New York)

McNerney, Christopher M. (New York)

Miazad, Ossai (New York)

Mollica, Paul William (Illinois)

Quinones, Martin Daniel (California)

Shaver, Anne B. (California)

Stewart, Melissa Lardo (New York)

Stocking, Alison M. (California)

Stromberg, Daniel (New York)

Sussman, Dana (New York)

Swartz, Justin (New York)

Wong, Heather H (California)

Zegeye, Tiseme Gabriella (California)

Attorneys(s) for Defendant

Bartlett, Margaret Elizabeth (New York)

Brice-Brown, Barbara (District of Columbia)

Cassady, Elizabeth A. (District of Columbia)

Chan, Joanna Kai Wai (New York)

Cohen, Mark S. (New York)

Davidoff, Amanda Flug (District of Columbia)

Fasman, Zachary D. (New York)

Fessel, Robin D. (New York)

Fullerton, John Francis III (New York)

Giuffra, Robert Joseph Jr. (New York)

Han, Suhana S. (New York)

Levy, Joshua Seth (New York)

Lonky, Hannah M. (New York)

Mollen, Neal D. (District of Columbia)

Nelles, Sharon L. (New York)

Newton, Beth Debora (New York)

Ostrager, Ann-Elizabeth (New York)

Peck, Andrew Jay (New York)

Read, Nathaniel P. T. (New York)

Reis, Michael Peter (New York)

Rogers, Theodore Otto Jr. (New York)

Shea, Patrick W. (New York)

Sullivan, Carson H. (District of Columbia)

Wall, Jeffrey B. (District of Columbia)

Weirich, C. Geoffrey (Georgia)

Williams, Hilary M (New York)

Other Attorney(s)

Kornblith, Russell Lasser (New York)

Documents in the Clearinghouse

Document

1:10-cv-06950

Docket [PACER]

Chen-Oster v. Goldman, Sachs & Co.

May 18, 2020

May 18, 2020

Docket
5

1:10-cv-06950

Complaint

Sept. 16, 2010

Sept. 16, 2010

Complaint
46

1:10-cv-06950

Memorandum and Order

March 1, 2011

March 1, 2011

Order/Opinion
59

1:10-cv-06950

Memorandum and Order

April 28, 2011

April 28, 2011

Order/Opinion
73

1:10-cv-06950

Memorandum and Order

July 7, 2011

July 7, 2011

Order/Opinion
104

1:10-cv-06950

First Amended Complaint

Sept. 19, 2011

Sept. 19, 2011

Complaint
133

1:10-cv-06950

Memorandum and Order

Jan. 10, 2012

Jan. 10, 2012

Order/Opinion
158

1:10-cv-06950

Opinion and Order

July 17, 2012

July 17, 2012

Order/Opinion
159

1:10-cv-06950

Memorandum and Order

Sept. 10, 2012

Sept. 10, 2012

Order/Opinion
128

11-05229

Opinion

Parisi v. Goldman, Sachs & Co.

U. S. Court of Appeals for the Second Circuit

March 21, 2013

March 21, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4348144/chen-oster-v-goldman-sachs-co/

Last updated Feb. 2, 2023, 8:39 a.m.

ECF Number Description Date Link Date / Link

Case Designation

Sept. 15, 2010

Sept. 15, 2010

PACER

Case Designated ECF. (rdz)

Sept. 15, 2010

Sept. 15, 2010

PACER

Magistrate Judge James C. Francis IV is so designated. (rdz)

Sept. 15, 2010

Sept. 15, 2010

PACER

Case Designated ECF

Sept. 15, 2010

Sept. 15, 2010

PACER
5

COMPLAINT (Duplicate Original) against Goldman, Sachs & Co., The Goldman Sachs Group, Inc. Document filed by Lisa Parisi, H. Christina Chen-Oster, Shanna Orlich.(mro) (ama). (Entered: 10/01/2010)

Sept. 16, 2010

Sept. 16, 2010

Clearinghouse
1

SEALED DOCUMENT placed in vault.(cb) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
2

ORDER GRANTING PERMISSION TO FILE COMPLAINT UNDER SEAL: Plaintiffs are granted permission to file under seal the Class Action Complaint and attached exhibits filed on September 15, 2010. The Clerk is directed to accept a redacted copy of the Class Action Complaint and attached exhibits for filing on the public docket. (Signed by Judge Leonard B. Sand on 9/16/10) (db) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER

Transmission to Sealed Records Clerk

Sept. 20, 2010

Sept. 20, 2010

PACER

Transmission to Sealed Records Clerk. Transmitted re: 2 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (db)

Sept. 20, 2010

Sept. 20, 2010

PACER
3

NOTICE OF APPEARANCE by Theodore Otto Rogers, Jr on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Rogers, Theodore) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
4

NOTICE OF APPEARANCE by Justin Mitchell Swartz on behalf of H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi (Swartz, Justin) (Entered: 09/27/2010)

Sept. 27, 2010

Sept. 27, 2010

PACER

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Adam T Klein for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 5 Complaint to: case_openings@nysd.uscourts.gov. (mro)

Oct. 1, 2010

Oct. 1, 2010

PACER

Note to Attorney to E-Mail PDF

Oct. 1, 2010

Oct. 1, 2010

PACER
6

STIPULATION TO EXTEND TIME TO ANSWER, MOVE OR RESPOND. Goldman, Sachs & Co., answer due 11/15/2010; The Goldman Sachs Group, Inc., answer due 11/15/2010. (Signed by Judge Leonard B. Sand on 10/5/10) (djc) Modified on 10/5/2010 (djc). (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

PACER
7

AFFIDAVIT OF SERVICE. Goldman, Sachs & Co. served on 9/17/2010, answer due 11/15/2010. Service was accepted by Joanna M. Lane. Document filed by Lisa Parisi; H. Christina Chen-Oster; Shanna Orlich. (Klein, Adam) (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

PACER
8

AFFIDAVIT OF SERVICE. The Goldman Sachs Group, Inc. served on 9/15/2010, answer due 11/15/2010. Service was accepted by Aixa Flores. Document filed by Lisa Parisi; H. Christina Chen-Oster; Shanna Orlich. (Klein, Adam) (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

PACER
9

NOTICE OF APPEARANCE by Zachary D. Fasman on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Fasman, Zachary) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER
10

MOTION for Barbara B. Brown to Appear Pro Hac Vice. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.(mbe) (Entered: 10/14/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER

CASHIERS OFFICE REMARK on 10 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/06/2010, Receipt Number 916752. (jd)

Oct. 14, 2010

Oct. 14, 2010

PACER

Cashiers Remark

Oct. 14, 2010

Oct. 14, 2010

PACER
11

ORDER ADMITTING ATTORNEY PRO HAC VICE: Mr. C. Geoffrey Weirich is admitted pro hac vice to this Court as counsel for Defendants in this action. (Signed by Judge Leonard B. Sand on 10/18/10) (db) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
12

ORDER FOR ADMISSION PRO HAC VICE. ORDER granting 10 Motion for Barbara B. Brown to Appear Pro Hac Vice for Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Signed by Judge Leonard B. Sand on 10/18/10) (db) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
13

MOTION for Alison Stocking to Appear Pro Hac Vice. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi.(mbe) (Entered: 10/26/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
14

MOTION for Anne B. Shaver to Appear Pro Hac Vice. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi.(mbe) (Entered: 10/26/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
15

MOTION for Heather H. Wong to Appear Pro Hac Vice. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi.(mbe) (Entered: 10/26/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
16

MOTION for Kelly M. Dermody to Appear Pro Hac Vice. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi.(mbe) (Entered: 10/26/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
17

ORDER: granting 15 Motion for Heather H. Wong to Appear Pro Hac Vice. So Ordered. (Signed by Judge Leonard B. Sand on 10/28/2010) (js) (Entered: 10/28/2010)

Oct. 28, 2010

Oct. 28, 2010

PACER
18

ORDER granting 14 Motion for Anne B. Shaver to Appear Pro Hac Vice. So Ordered. (Signed by Judge Leonard B. Sand on 10/28/2010) (js) (Entered: 10/28/2010)

Oct. 28, 2010

Oct. 28, 2010

PACER
19

ORDER granting 16 Motion for Kelly M. Dermody to Appear Pro Hac Vice. So Ordered. (Signed by Judge Leonard B. Sand on 10/28/2010) (js) (Entered: 10/28/2010)

Oct. 28, 2010

Oct. 28, 2010

PACER
20

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 13 Motion for Alison Stocking to Appear Pro Hac Vice. So Ordered. (Signed by Judge Leonard B. Sand on 10/28/2010) (js) (Entered: 10/28/2010)

Oct. 28, 2010

Oct. 28, 2010

PACER

CASHIERS OFFICE REMARK on 16 Motion to Appear Pro Hac Vice, 13 Motion to Appear Pro Hac Vice, 15 Motion to Appear Pro Hac Vice, 14 Motion to Appear Pro Hac Vice in the amount of $100.00, paid on 10/25/2010, Receipt Number 918837. (jd)

Nov. 5, 2010

Nov. 5, 2010

PACER

Cashiers Remark

Nov. 5, 2010

Nov. 5, 2010

PACER
21

MEMO ENDORSEMENT ON NOTICE OF MOTION ON CONSENT FOR ADMISSION PRO HAC VICE: ORDER ORDER ADMITTING ATTORNEY BARBARA B. BROWN PRO HAC VICE. ENDORSEMENT: Motion granted. So ordered. (Signed by Judge Leonard B. Sand on 11/8/2010) (lnl) (Entered: 11/08/2010)

Nov. 8, 2010

Nov. 8, 2010

PACER
22

STIPULATION TO EXTEND TIME TO ANSWER, MOVE OR RESPOND: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that the time for defendants Goldman, Sachs & Co. and the Goldman Sachs Group, Inc. to answer, move against or otherwise respond to the Complaint in this action is extended from November 15, 2010 to November 22, 2010.(Goldman, Sachs & Co. answer due 11/22/2010; The Goldman Sachs Group, Inc. answer due 11/22/2010.) (Signed by Judge Leonard B. Sand on 11/16/10) (mro) (Entered: 11/16/2010)

Nov. 16, 2010

Nov. 16, 2010

PACER
23

MOTION to Stay Plaintiff Parisi's Claims and Compel Individual Arbitration. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. Return Date set for 12/9/2010 at 02:15 PM.(Fasman, Zachary) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
24

MEMORANDUM OF LAW in Support re: 23 MOTION to Stay Plaintiff Parisi's Claims and Compel Individual Arbitration.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit A Pt. 1, # 2 Exhibit A Pt. 2, # 3 Exhibit A Pt. 3, # 4 Exhibit B, # 5 Exhibit C)(Fasman, Zachary) (Entered: 11/22/2010)

1 Exhibit A Pt. 1

View on PACER

2 Exhibit A Pt. 2

View on PACER

3 Exhibit A Pt. 3

View on PACER

4 Exhibit B

View on PACER

5 Exhibit C

View on PACER

Nov. 22, 2010

Nov. 22, 2010

RECAP
25

NOTICE OF APPEARANCE by Margaret Elizabeth Bartlett on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Bartlett, Margaret) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
26

NOTICE OF APPEARANCE by John Francis Fullerton, III on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Fullerton, John) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
27

NOTICE OF APPEARANCE by Suhana S. Han on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Han, Suhana) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
28

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Goldman Sachs Group, Inc. (as Corporate Parent of Goldman, Sachs & Co.) as Corporate Parent. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Bartlett, Margaret) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

RECAP
29

ANSWER to Complaint. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Bartlett, Margaret) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

RECAP
30

NOTICE OF APPEARANCE by Barbara B. Brown on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Brown, Barbara) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
31

NOTICE OF APPEARANCE by C. Geoffrey Weirich on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Weirich, C.) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
32

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time (STIPULATION TO EXTEND THE DATE BY WHICH PLAINTIFFS MUST FILE THEIR OPPOSITION TO DEFENDANTS MOTION TO STAY PLAINTIFF PARISIS CLAIMS AND COMPEL ARBITRATION). Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. Return Date set for 1/13/2010 at 02:15 PM.(Dermody, Kelly) Modified on 12/8/2010 (ka). (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

PACER
33

STIPULATION TO EXTEND THE DATE BY WHICH PLAINTIFFS MUST FILE THEIR OPPOSITION TO DEFENDANTS' MOTION TO STAY PLAINTIFF PARISI'S CLAIMS AND COMPEL ARBITRATION: 1. Plaintiffs' opposition will be served no later than December 23, 2010; 2. Defendants' reply will be served no later than January 7, 2011; and 3. The Motion will be returnable on January 13, 2011 at 2:15 pm. (Signed by Judge Leonard B. Sand on 12/8/10) (db) (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER

Note to Attorney to Re-File Document - Non-ECF Document Error

Dec. 8, 2010

Dec. 8, 2010

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Kelly Dermody to E-MAIL Document No. 32 Stipulation to extend time judgments@nysd.uscourts.gov. This document is not filed via ECF. (ka)

Dec. 8, 2010

Dec. 8, 2010

PACER
34

NOTICE OF APPEARANCE by Mariko Hirose on behalf of H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi (Hirose, Mariko) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

PACER
35

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge James C. Francis. Motions referred to James C. Francis. (Signed by Judge Leonard B. Sand on 12/20/10) (pl) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
36

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Brown, Barbara) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER
37

STIPULATION TO EXTEND THE DATE BY WHICH PLAINTIFFS MUST FILE THEIR OPPOSITION TO DEFENDANTS' MOTION TO STAY PLAINTIFF PARISI'S CLAIMS AND COMPEL INDIVIDUAL ARBITRATION. 1. Plaintiffs' opposition will be served no later than seven days after the later of (i) the Court's final decision on Plaintiffs' request to compel discovery related to this Motion and (ii) the production by Defendants of any documents that the Court may require Defendants to produce in response to Plaintiffs' discovery requests related to this Motion; 2. Defendants' reply will be served no later than fourteen days after Plaintiffs' opposition is due; and 3. The Motion will be returnable at 2:15 p.m. on the first Thursday following the date Defendants' reply brief is due. (Signed by Judge Leonard B. Sand on 12/23/10); (djc) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

PACER
38

PARTIES' REPORT OUTLINING DISCOVERY PLAN; Pursuant to Rule 26(f)(3) of the Federal Rules of Civil Procedure, Goldman, Sachs & Co. and The Goldman Sachs Group, Inc. ("Goldman Sachs" or "Defendants") and H. Cristina Chen-Oster, et al. ("Plaintiffs"), by counsel, jointly request that the Court enter the following as their Report Outlining Discovery Plan. (Signed by Judge Leonard B. Sand on 12/23/10); (djc) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

RECAP
39

MOTION for Paul W. Mollica to Appear Pro Hac Vice. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi.(mro) (Entered: 01/11/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER

CASHIERS OFFICE REMARK on 39 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/07/2011, Receipt Number 925422. (jd)

Jan. 11, 2011

Jan. 11, 2011

PACER

Cashiers Remark

Jan. 11, 2011

Jan. 11, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge James C. Francis: Pre-Motion Conference held on 1/14/2011. (mro)

Jan. 14, 2011

Jan. 14, 2011

PACER

Pre-Motion Conference

Jan. 14, 2011

Jan. 14, 2011

PACER
40

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. granting 39 Motion for Paul W. Mollica to Appear Pro Hac Vice. (Signed by Judge Leonard B. Sand on 1/18/11) (rjm) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
41

MOTION to Compel Discovery. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi.(Klein, Adam) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

RECAP
42

MEMORANDUM OF LAW in Support re: 41 MOTION to Compel Discovery.. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. (Klein, Adam) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER
43

DECLARATION of Adam T. Klein in Support re: 41 MOTION to Compel Discovery.. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Klein, Adam) (Entered: 01/21/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Jan. 21, 2011

Jan. 21, 2011

RECAP
44

MEMORANDUM OF LAW in Opposition re: 41 MOTION to Compel Discovery.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Fasman, Zachary) (Entered: 02/04/2011)

Feb. 4, 2011

Feb. 4, 2011

PACER
45

REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Compel Discovery.. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. (Klein, Adam) (Entered: 02/11/2011)

Feb. 11, 2011

Feb. 11, 2011

PACER
46

MEMORANDUM AND ORDER, denying 41 Motion to Compel. For the reasons set forth above, plaintiff's motion to compel discovery (Docket no. 41) is denied. (Signed by Magistrate Judge James C. Francis on 3/1/11) Copies Mailed By Chambers. (pl) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

Clearinghouse
47

NOTICE OF CHANGE OF ADDRESS by Paul W. Mollica on behalf of H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. New Address: Outten & Golden LLP, 203 North LaSalle Street, Suite 2100, Chicago, IL, USA 60601, (312) 924-4888. (Mollica, Paul) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

PACER
48

MEMORANDUM OF LAW in Opposition re: 23 MOTION to Stay Plaintiff Parisi's Claims and Compel Individual Arbitration.. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. (Klein, Adam) (Entered: 03/08/2011)

March 8, 2011

March 8, 2011

RECAP
49

DECLARATION of Adam T. Klein in Opposition re: 23 MOTION to Stay Plaintiff Parisi's Claims and Compel Individual Arbitration.. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Klein, Adam) (Entered: 03/08/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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March 8, 2011

March 8, 2011

PACER
50

NOTICE of Supplemental Authority re: 48 Memorandum of Law in Opposition to Motion. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. (Attachments: # 1 Exhibit A)(Klein, Adam) (Entered: 03/10/2011)

1 Exhibit A

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March 10, 2011

March 10, 2011

PACER
51

PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge James C. Francis on 3/18/2011) (lnl) (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

RECAP
52

REPLY AFFIDAVIT of REDACTED Affidavit of Pricila M. Hidalgo-Liranzo in Support re: 23 MOTION to Stay Plaintiff Parisi's Claims and Compel Individual Arbitration.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Fasman, Zachary) (Entered: 03/22/2011)

March 22, 2011

March 22, 2011

RECAP
53

REPLY MEMORANDUM OF LAW in Support re: 23 MOTION to Stay Plaintiff Parisi's Claims and Compel Individual Arbitration. REDACTED. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Fasman, Zachary) (Entered: 03/22/2011)

March 22, 2011

March 22, 2011

RECAP
54

SEALED DOCUMENT placed in vault.(nm) (Entered: 03/22/2011)

March 22, 2011

March 22, 2011

PACER
55

MOTION for Leave to File Surreply In Opposition To Defendants Motion To Compel Arbitration. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. (Attachments: # 1 Exhibit A)(Dermody, Kelly) (Entered: 03/25/2011)

1 Exhibit A

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March 25, 2011

March 25, 2011

PACER
56

MEMORANDUM OF LAW in Opposition re: 55 MOTION for Leave to File Surreply In Opposition To Defendants Motion To Compel Arbitration.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Rogers, Theodore) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

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57

ORDER granting 55 Motion for Leave to File Document. Plaintiffs having moved for leave to file a surreply in opposition to defendants' motion to compel arbitration, it is hereby ORDERED that plaintiffs' motion (Docket no. 55) is granted. (Signed by Magistrate Judge James C. Francis on 3/30/2011) Copies Mailed By Chambers. (mbe) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER
58

NOTICE of Withdrawal of Margaret E. Bartlett and John F. Fullerton, III as Counsel for the Defendants. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Han, Suhana) (Entered: 04/26/2011)

April 26, 2011

April 26, 2011

PACER
59

MEMORANDUM AND ORDER: The defendants' motion to stay the case and compel arbitration of Ms. Parisi's claims (Docket no. 23 ) is denied. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 4/28/2011) Copies Mailed By Chambers. (lnl) (Main Document 59 replaced on 4/28/2011) (jar). (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

Clearinghouse
60

ORDER OF TERMINATIONOF APPEARANCE OF JOHN F. FULLERTON III, ESQ., that because I am no longer associated with S&C and I will not continue to represent Defendants in this matter I respectfully request that my appearance be terminated. Attorney John Francis Fullerton, III terminated. (Signed by Judge Leonard B. Sand on 5/4/11) (pl) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

PACER
61

ENDORSED LETTER addressed to Judge Leonard B. Sand from Theodore O. Rogers, Jr. dated 5/10/11 re: Counsel requests that the court confirm that Defendants' time for filing an objection to Magistrate Judge Francis' Order would be tolled during the pendency of a motion for reconsideration, if Defendants were to file such a motion by May 12. ENDORSEMENT: Confirmed as requested. So ordered. (Signed by Judge Leonard B. Sand on 5/11/11) (djc) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER
62

MOTION for Reconsideration re; 59 Order on Motion to Stay,. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Fasman, Zachary) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

PACER
63

MEMORANDUM OF LAW in Support re: 62 MOTION for Reconsideration re; 59 Order on Motion to Stay,.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Fasman, Zachary) (Entered: 05/12/2011)

1 Exhibit A

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2 Exhibit B

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May 12, 2011

May 12, 2011

PACER
64

MEMORANDUM OF LAW in Opposition re: 62 MOTION for Reconsideration re; 59 Order on Motion to Stay,.. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. (Klein, Adam) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

RECAP
65

REPLY to Response to Motion re: 62 MOTION for Reconsideration re; 59 Order on Motion to Stay,.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Fasman, Zachary) (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

RECAP
66

MOTION to Strike Plaintiff's Class Allegations. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. Return Date set for 7/7/2011 at 02:15 PM.(Fasman, Zachary) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
67

FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #70) - DECLARATION of Theodore O. Rogers, Jr. in Support re: 66 MOTION to Strike Plaintiff's Class Allegations.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Fasman, Zachary) Modified on 6/14/2011 (lb). (Entered: 06/13/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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June 13, 2011

June 13, 2011

PACER
68

MEMORANDUM OF LAW in Support re: 66 MOTION to Strike Plaintiff's Class Allegations.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Fasman, Zachary) (Entered: 06/13/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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June 13, 2011

June 13, 2011

PACER
69

CERTIFICATE OF SERVICE of Notice of Motion, Memorandum of Law in Support of Defendants' Motion to Strike and Declaration of Theodore O. Rogers, Jr. served on Outten & Golden, LLP & Lieff, Cabraser, Heimann & Bernstein, LLP on 06/13/11. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Fasman, Zachary) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
70

DECLARATION of Theodore O. Rogers, Jr. in Support re: 66 MOTION to Strike Plaintiff's Class Allegations.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit A Redacted, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Fasman, Zachary) (Entered: 06/13/2011)

1 Exhibit A Redacted

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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June 13, 2011

June 13, 2011

PACER
71

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James C. Francis. (Signed by Judge Leonard B. Sand on 6/14/11) (rjm) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
72

NOTICE of NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF DEFENDANTS re: 62 MOTION for Reconsideration re; 59 Order on Motion to Stay,.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit)(Fasman, Zachary) (Entered: 06/28/2011)

1 Exhibit

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June 28, 2011

June 28, 2011

RECAP
73

MEMORANDUM AND ORDER re: 62 MOTION for Reconsideration re: 59 Order on Motion to Stay, filed by Goldman, Sachs & Co. and The Goldman Sachs Group, Inc. For the reasons discussed within, the defendants' motion for reconsideration is denied. (Signed by Magistrate Judge James C. Francis on 7/7/2011) Copies Mailed By Chambers. (ab) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

Clearinghouse
74

MEMORANDUM OF LAW in Opposition re: 66 MOTION to Strike Plaintiff's Class Allegations.. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. (Klein, Adam) (Entered: 07/14/2011)

July 14, 2011

July 14, 2011

RECAP
75

DECLARATION of Adam T. Klein in Opposition re: 66 MOTION to Strike Plaintiff's Class Allegations.. Document filed by H. Christina Chen-Oster, Shanna Orlich, Lisa Parisi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Klein, Adam) (Entered: 07/14/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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July 14, 2011

July 14, 2011

PACER
76

MEMORANDUM OF LAW re: 59 Order on Motion to Stay, In Support of Appeal of Magistrate Judge's Memorandum and Order. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: # 1 Certificate of Service)(Fasman, Zachary) (Entered: 07/21/2011)

1 Certificate of Service

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July 21, 2011

July 21, 2011

PACER
77

DECLARATION of Erin E. LaRuffa in Support re: 76 Memorandum of Law,. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service)(Fasman, Zachary) (Entered: 07/21/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Certificate of Service

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July 21, 2011

July 21, 2011

PACER
78

REPLY MEMORANDUM OF LAW in Support re: 66 MOTION to Strike Plaintiff's Class Allegations.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: # 1 Certificate of Service)(Fasman, Zachary) (Entered: 07/21/2011)

1 Certificate of Service

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July 21, 2011

July 21, 2011

PACER
79

DECLARATION of Supplemental Declaration of Theodore O. Rogers in Support re: 66 MOTION to Strike Plaintiff's Class Allegations.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: # 1 A, # 2 B Pt. 1, # 3 B Pt. 2, # 4 Certificate of Service)(Fasman, Zachary) (Entered: 07/21/2011)

1 A

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2 B Pt. 1

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3 B Pt. 2

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4 Certificate of Service

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July 21, 2011

July 21, 2011

PACER
80

CERTIFICATE OF SERVICE of Revised Certificate of Service for Reply Memorandum of Law in Support of Defendants' Motion to Strike Plaintiff's Class Allegations served on Adam T. Klein; Cara E. Greene; Jennifer L. Liu of Outten & Golden, LLP and Kelly M. Dermody; Anne B. Shaver; Heather H. Wong of Lieff, Cabraser, Heimann & Bernstein, LLP on 07/21/2011. Service was made by Court's ECF System. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Fasman, Zachary) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

PACER
81

CERTIFICATE OF SERVICE of Revised Certificate of Service for Supplemental Declaration of Theodore O. Rogers, Esq. served on Adam T. Klein; Cara E. Greene; Jennifer L. Liu of Outten & Golden, LLP and Kelly M. Dermody; Anne B. Shaver; Heather H. Wong of Lieff, Cabraser, Heimann & Bernstein, LLP on 07/21/2011. Service was made by Court's ECF System. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Fasman, Zachary) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

PACER
82

MOTION to Strike All Class Allegations and for Partial Summary Judgment as to Plaintiffs' Disparate Impact Claim Under Title VII. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. Return Date set for 8/4/2011 at 02:15 PM.(Fasman, Zachary) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 16, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three women representing a putative class of female financial-services employees of Goldman Sachs who are at the Associate, Vice President, and Managing Director corporate level.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Outten & Golden

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Goldman, Sachs, and Co., Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

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

Pay / Benefits

Promotion

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female