Case: Rabin v. PricewaterhouseCoopers LLP

4:16-cv-02276 | U.S. District Court for the Northern District of California

Filed Date: April 27, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 27, 2016, the plaintiff, a certified public accountant over the age of forty, filed this class and collective action lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued PricewaterhouseCoopers LLP (PwC) under the Age Discrimination in Employment Act (ADEA, 29 U.S.C. §§ 621 et seq.) and California state law. The plaintiff, represented by Outten & Golden LLP, the AARP Foundation, and the Liu Law Firm, sought injunctive and monetary relief, claimi…

On April 27, 2016, the plaintiff, a certified public accountant over the age of forty, filed this class and collective action lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued PricewaterhouseCoopers LLP (PwC) under the Age Discrimination in Employment Act (ADEA, 29 U.S.C. §§ 621 et seq.) and California state law. The plaintiff, represented by Outten & Golden LLP, the AARP Foundation, and the Liu Law Firm, sought injunctive and monetary relief, claiming the defendant had wrongfully discriminated against people of the age of forty and older in their hiring practices. Specifically, the plaintiff alleged that the defendant willfully utilized a biased recruiting system for entry-level positions that excluded and deterred workers aged forty and over, willfully implemented a mandatory early retirement policy that deterred and discriminated against applicants aged forty and over, and refused to hire applicants aged forty and over for certain positions.

On December 1, 2016, defendant moved for judgment on the pleadings on the grounds that the ADEA does not permit job applicants, but only employees, to pursue disparate impact claims. This motion was denied by Judge Jon S. Tigar on February 17, 2017, with the court concluding that the ADEA does allow for job applicants to bring disparate impact claims. 236 F. Supp. 3d 1126.

On March 8, 2017, the defendant moved for certification of an interlocutory appeal under 28 U.S.C. § 1296(b) regarding the extension of the ADEA to job applications. This motion was denied by the court on April 17, 2017, on the grounds that the defendant failed to show that the subject of the motion was a controlling question of law or that the appeal would materially advance the litigation.

On December 21, 2017, the plaintiff moved to certify a collective action on behalf of older applicants for employment at PwC and a hearing on the motion was held on February 27, 2018. On July 26, 2018, Judge Tigar denied the certification and concluded that the plaintiff was "not substantially similar either to unqualified applicants or to deterred applicants, both of which categories are party of the larger collective action they seek to certify." 2018 WL 3585143.

On August 27, 2018, the plaintiff filed under seal a renewed motion for certification of a collective action, and a hearing was held on December 20, 2018. On March 28, 2019, the court granted the renewed motion for certification, finding that the plaintiffs' revised collective action definition cured the previously identified deficiencies. The new definition included "[a]ll individuals who, from October 18, 2013 forward, applied for a Covered Position (Associate, Experienced Associate, and Senior Associate) in PwC’s Tax or Assurance lines of service, met the minimum qualifications for the position to which they applied, were age 40 or older at the time of application, and were not hired." 2019 WL 9078785.

The parties proceeded to provide notice to the collective action's members. On March 3, 2020, the parties filed a joint motion for preliminary settlement approval. The proposed settlement would provide an $11,265,000 common fund for members and attorney's fees. It also provided for programmatic changes to PwC's employment practices, including:

  1. Hiring an age inclusivity consultant;
  2. Advertising jobs to older workers;
  3. Removing job eligibility limits based on graduation year or age;
  4. Modifying PwC's anti-discrimination policy to include age;
  5. Allowing alumni to apply for jobs at on-campus recruiting events;
  6. Publicly committing to non-discriminatory hiring, including by publishing age-diverse photographs;
  7. Ensuring that complaint procedures address age discrimination claims;
  8. Implementing the changes under the direction of PwC's Chief Purpose & Inclusion Officer;
  9. Establishing a fifteen-month window immediately following adoption of the settlement during which aggrieved applicants could request compensation in excess of the settlement amount; and
  10. Continuing jurisdiction by the Court.
The programmatic relief was to last for two years following adoption of the settlement. The settlement also certified three classes for applicants who were aged 40 or older at the time of their application and denied a position: "California Class" for applicants in California who applied between September 8, 2013, and January 21, 2020; "Michigan Class" for applicants in Michigan who applied between September 8, 2013, and January 21, 2020; and "Settlement Collective" for applicants who applied after October 18, 2013, and opted into this lawsuit.

The court granted preliminary approval of the settlement on August 19, 2020, and final approval on February 4, 2021. On February 8, the court granted the parties' stipulation for final judgment.

As of April 7, 2021, this case has closed, and settlement payouts are expected to be distributed.

Summary Authors

Cade Boland (10/12/2017)

Sichun Liu (3/21/2019)

Hope Brinn (5/17/2020)

Lauren Yu (4/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4563394/parties/rabin-v-pricewaterhousecoopers-llp/


Judge(s)

Kim, Sallie (California)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Bansal, Lucy Brierly (District of Columbia)

Eiland, Katrina L. (California)

Klein, Adam T. (New York)

Kohrman, Daniel Benjamin (District of Columbia)

Liu, Jennifer Lin (California)

Mattes, Laura Iris (California)

McCann, Laurie A. (District of Columbia)

Rabinovich, Julia (California)

Judge(s)

Kim, Sallie (California)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Bansal, Lucy Brierly (District of Columbia)

Eiland, Katrina L. (California)

Klein, Adam T. (New York)

Kohrman, Daniel Benjamin (District of Columbia)

Liu, Jennifer Lin (California)

Mattes, Laura Iris (California)

McCann, Laurie A. (District of Columbia)

Rabinovich, Julia (California)

Sagafi, Jahan C (California)

Schrum−Herrera, Cristina (California)

Smith, Dara Swartz (District of Columbia)

Stewart, Melissa Lardo (New York)

Stromberg, Daniel (New York)

Attorneys(s) for Defendant

Balassa, Gabor (Illinois)

Briesacher, Christina Lynn (Illinois)

Esser, Michael Phillip (California)

Nicklin, Emily (Illinois)

Premo−Hopkins, Mark William (Illinois)

Rabinovitz, Joshua Z (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

March 5, 2021 Docket
1

Complaint for Violations of ADEA and State Law

April 27, 2016 Complaint
42

First Amended Complaint for Violations of ADEA and State Laws

Sept. 8, 2016 Complaint
74

Order Denying Defendant's Motion for Judgment on the Pleadings

Rabin v. PricewaterhouseCooper LLP

236 F.Supp.3d 1126

Feb. 17, 2017 Order/Opinion
103

Order Denying Motion For Certification

April 17, 2017 Order/Opinion
236

Order Denying Collective Certification

2018 WL 3585143

July 26, 2018 Order/Opinion
274

Order Granting Renewed Motion for Collective Certification

Rabin v. PriceWaterhouseCoopers LLP

2019 WL 9078785

April 5, 2019 Order/Opinion
312

Notice of Motion and Motion for Preliminary Settlement Approval Order

Rabin v. PriceWaterhouseCoopers LLP

March 3, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants

Outten & Golden

On April 27, 2016, Steve Rabin, an older CPA who was denied employment at PricewaterhouseCoopers LLP (“PwC”), filed an age discrimination class and collective action on behalf of himself and all othe… April 27, 2016 http://www.pwcagecase.com/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4563394/rabin-v-pricewaterhousecoopers-llp/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

CLASS AND COLLECTIVE ACTION COMPLAINT for Violations of ADEA and State Laws; Demand for Jury Trial against PricewaterhouseCoopers LLP, (Filing Fee: $400.00, receipt number 0971-10403542). Filed by Steve Rabin. (Attachments: #(1) Civil Cover Sheet)(Sagafi, Jahan) (Filed on 4/27/2016)...Modified on 4/28/2016 (tnS). (Entered: 04/27/2016)

1 Civil Cover Sheet

View on PACER

April 27, 2016 RECAP
2

Proposed Summons. (Sagafi, Jahan) (Filed on 4/27/2016) (Entered: 04/27/2016)

April 27, 2016 PACER
3

Case assigned to Hon. Jon S. Tigar. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 4/27/2016) (Entered: 04/27/2016)

April 27, 2016 PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 7/20/2016. Initial Case Management Conference set for 7/27/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (tnS) (Filed on 4/28/2016) (Entered: 04/28/2016)

April 28, 2016 PACER
5

Summons Issued as to Defendant PricewaterhouseCoopers LLP. (tnS) (Filed on 4/28/2016) (Entered: 04/28/2016)

April 28, 2016 PACER
6

APPLICATION for Leave to Appear in Pro Hac Vice for Daniel B. Kohrman, (Filing Fee: $305.00, receipt number 0971-10420369.) filed by Steve Rabin. (Attachments: #(1) Certificate/Proof of Service Certificate of Good Standing)(Kohrman, Daniel) (Filed on 5/3/2016) (Entered: 05/03/2016)

May 3, 2016 PACER
7

APPLICATION for Leave to Appear in Pro Hac Vice for Laurie McCann, (Filing Fee: $305.00, receipt number 0971-10420910.) filed by Steve Rabin. (Attachments: #(1) Certificate/Proof of Service Certificate of Good Standing)(McCann, Laurie) (Filed on 5/3/2016) (Entered: 05/03/2016)

May 3, 2016 PACER
8

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY DANIEL B. KOHRMAN PRO HAC VICE by Judge Jon S. Tigar; granting 6 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 5/4/2016) (Entered: 05/04/2016)

May 4, 2016 PACER
9

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY LAURIE A. MCCANN PRO HAC VICE by Judge Jon S. Tigar; granting 7 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 5/4/2016) (Entered: 05/04/2016)

May 4, 2016 PACER
10

First MOTION for Leave to Appear in Pro Hac Vice for Dara S. Smith, (Filing Fee: $305.00, receipt number 0971-10426965) filed by Steve Rabin. (Attachments: # 1 Certificate/Proof of Service Cert of Good Standing)(Smith, Dara) (Filed on 5/5/2016) (Entered: 05/05/2016)

May 5, 2016 PACER
11

Second Application for Leave to Appear in Pro Hac Vice for Dara S. Smith, (Filing Fee: $305.00, receipt number 0971-10426965) - Filing Fee Previously Paid on 5/5/2016 - [Correction to docket no. 10] filed by Steve Rabin. (Attachments: #(1) Certificate/Proof of Service Cert of Good Standing)(Smith, Dara) (Filed on 5/10/2016).. Modified on 5/10/2016 (tnS). (Entered: 05/10/2016)

May 10, 2016 PACER
12

AFFIDAVIT of Service, filed by Steve Rabin. (Sagafi, Jahan) (Filed on 5/10/2016) (Entered: 05/10/2016)

May 10, 2016 PACER
13

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY DARA S. SMITH PRO HAC VICE by Judge Jon S. Tigar; granting 11 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 5/11/2016) (Entered: 05/11/2016)

May 11, 2016 PACER
14

NOTICE of Appearance by Michael Phillip Esser (Esser, Michael) (Filed on 5/20/2016) (Entered: 05/20/2016)

May 20, 2016 PACER
15

PricewaterhouseCoopers LLPs Certification of Interested Entities or Persons Pursuant to Civil Local Rule 3-15 filed by PricewaterhouseCoopers LLP. (Esser, Michael) (Filed on 5/20/2016) (Entered: 05/20/2016)

May 20, 2016 PACER
16

PricewaterhouseCoopers LLPs Rule 7.1 Disclosure Statement filed by PricewaterhouseCoopers LLP. (Esser, Michael) (Filed on 5/20/2016) (Entered: 05/20/2016)

May 20, 2016 PACER
17

Joint Stipulation to Extend Time for PricewaterhouseCoopers LLP to Respond to Complaint filed by PricewaterhouseCoopers LLP. (Esser, Michael) (Filed on 5/20/2016) (Entered: 05/20/2016)

May 20, 2016 PACER
18

Certification of Interested Entities or Persons Pursuant to Civil Local Rule 3-15 filed by Steve Rabin (Sagafi, Jahan) (Filed on 5/23/2016) (Entered: 05/23/2016)

May 23, 2016 PACER
19

NOTICE filed by Steve Rabin of Filing of Consent to Join (Attachments: #(1) Exhibit A) (Sagafi, Jahan) (Filed on 5/23/2016) (Entered: 05/23/2016)

May 23, 2016 PACER
20

NOTICE by Steve Rabin of Filing of Consent to Join (Attachments: # 1 Exhibit A)(Sagafi, Jahan) (Filed on 5/24/2016) (Entered: 05/24/2016)

May 24, 2016 PACER
21

NOTICE by Steve Rabin of Filing of Consent to Join (Attachments: # 1 Exhibit A)(Sagafi, Jahan) (Filed on 5/24/2016) (Entered: 05/24/2016)

May 24, 2016 PACER
22

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $305.00, receipt number 0971-10565361) filed by PricewaterhouseCoopers LLP. (Nicklin, Emily) (Filed on 6/28/2016) (Entered: 06/28/2016)

June 28, 2016 PACER
23

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $305.00, receipt number 0971-10565403) filed by PricewaterhouseCoopers LLP. (Briesacher, Christina) (Filed on 6/28/2016) (Entered: 06/28/2016)

June 28, 2016 PACER
24

STIPULATION WITH PROPOSED ORDER Joint Stipulated Request for Order Changing Time filed by PricewaterhouseCoopers LLP. (Attachments: # 1 Declaration Micahel P. Esser, # 2 Proposed Order)(Esser, Michael) (Filed on 6/30/2016) (Entered: 06/30/2016)

June 30, 2016 PACER
25

ORDER GRANTING APPLICATIONS TO APPEAR PRO HAC VICE by Judge Jon S. Tigar granting 22 Motion for Pro Hac Vice; granting 23 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 6/30/2016) (Entered: 06/30/2016)

June 30, 2016 PACER
26

STIPULATION AND ORDER re 24 Joint Stipulated Request for Order Changing Time filed by PricewaterhouseCoopers LLP. Case Management Statement due by 7/27/2016. Initial Case Management Conference set for 8/3/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on July 5, 2016. (wsn, COURT STAFF) (Filed on 7/5/2016) (Entered: 07/06/2016)

July 5, 2016 RECAP
27

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Nicklin, Emily) (Filed on 7/13/2016) (Entered: 07/13/2016)

July 13, 2016 PACER
28

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Joint Notice) (Nicklin, Emily) (Filed on 7/13/2016) (Entered: 07/13/2016)

July 13, 2016 PACER
29

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Sagafi, Jahan) (Filed on 7/13/2016) (Entered: 07/13/2016)

July 13, 2016 PACER
30

ADR Clerk's Notice Setting ADR Phone Conference on Monday, July 25, 2016, at 1:30 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 7/19/2016) (Entered: 07/19/2016)

July 19, 2016 PACER
31

ADR Remark: The ADR Phone Conference that was scheduled on 7/25/2016, has been RESCHEDULED TO 7/28/2016, at 9:30 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 7/20/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/20/2016)

July 20, 2016 PACER
32

ANSWER & AFFIRMATIVE DEFENSES to Steve Rabin's Complaint for Violations of ADEA and State Laws filed by PricewaterhouseCoopers LLP. (Nicklin, Emily) (Filed on 7/22/2016) (Entered: 07/22/2016)

July 22, 2016 PACER
33

JOINT CASE MANAGEMENT STATEMENT AND RULE 26(f) REPORT filed by PricewaterhouseCoopers LLP. (Nicklin, Emily) (Filed on 7/27/2016) (Entered: 07/27/2016)

July 27, 2016 PACER
34

ADR Remark: ADR Phone Conference held by Howard Herman on 7/28/2016. (af, COURT STAFF) (Filed on 7/28/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/28/2016)

July 28, 2016 PACER
35

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $305.00, receipt number 0971-10651918) filed by Steve Rabin. (Klein, Adam) (Filed on 8/1/2016) (Entered: 08/01/2016)

Aug. 1, 2016 PACER
36

Minute Entry for proceedings held before Hon. Jon S. Tigar: Initial Case Management Conference held on 8/3/2016. Joint Agenda due by 9/20/2016 by 5:00 PM. Telephonic Case Management Conference set for 9/22/2016 at 9:30 AM in Courtroom 9, 19th Floor, San Francisco. Total Time in Court: 39 minutes. Court Reporter: Not Reported. (wsn, COURT STAFF) (Date Filed: 8/3/2016) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
37

SCHEDULING ORDER. Plaintiff's motion for conditional certification of the ADEA collective class 1/26/2017. Deadline to add parties or amend the pleadings by 6/16/2017. Plaintiff's motion for Rule 23 certification of state law classes 8/17/2017. Signed by Judge Jon S. Tigar on August 3, 2016. (wsn, COURT STAFF) (Filed on 8/3/2016) (Entered: 08/03/2016)

Aug. 3, 2016 RECAP
38

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $305.00, receipt number 0971-10663922) filed by PricewaterhouseCoopers LLP. (Balassa, Gabor) (Filed on 8/4/2016) (Entered: 08/04/2016)

Aug. 4, 2016 PACER
39

ORDER GRANTING APPLICATIONS TO APPEAR PRO HAC VICE by Judge Jon S. Tigar; granting 38 Motion for Pro Hac Vice; granting 35 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 8/8/2016) (Entered: 08/08/2016)

Aug. 8, 2016 PACER
40

JOINT STIPULATION WITH [PROPOSED] ORDER TO FILE FIRST AMENDED COMPLAINT filed by Steve Rabin. (Attachments: #(1) Exhibit A)(Sagafi, Jahan) (Filed on 9/2/2016) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER TO FILE FIRST AMENDED COMPLAINT filed by Steve Rabin. Signed by Judge Jon S. Tigar on September 7, 2016. (wsn, COURT STAFF) (Filed on 9/7/2016) (Entered: 09/08/2016)

Sept. 7, 2016 RECAP
42

FIRST AMENDED COMPLAINT for Violations of ADEA and State Laws; Demand for Jury Trial against PricewaterhouseCoopers LLP. Filed by Steve Rabin & John Chapman. (Sagafi, Jahan) (Filed on 9/8/2016) (Entered: 09/08/2016)

Sept. 8, 2016 RECAP
43

NOTICE of Change of Address by Adam T. Klein (Klein, Adam) (Filed on 9/12/2016) (Entered: 09/12/2016)

Sept. 12, 2016 PACER
44

CLERK'S NOTICE ADVANCING TIME OF TELEPHONIC CASE MANAGEMENT CONFERENCE. With the consent of the parties, the Telephonic Case Management Conference set for 9/22/2016 will begin at at 9:00 AM. The Court will contact the parties using the conference call number previously provided. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 9/21/2016) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
45

Minute Entry for proceedings held before Hon. Jon S. Tigar: Telephonic Case Management Conference held on 9/22/2016. Further Telephonic Case Management Conference set for 11/18/2016 at 1:30 PM. Total Time in Court: 18 minutes. Court Reporter: Not reported. (wsn, COURT STAFF) (Date Filed: 9/22/2016) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
46

Joint Stipulation to Extend Time for Pricewaterhousecoopers LLP to Respond to First Amended Complaint re 42 First Amended Complaint filed by PricewaterhouseCoopers LLP. (Briesacher, Christina) (Filed on 9/22/2016) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
47

ANSWER to First Amended Complaint and Affirmative Defenses filed by PricewaterhouseCoopers LLP. (Nicklin, Emily) (Filed on 9/30/2016) (Entered: 09/30/2016)

Sept. 30, 2016 RECAP
48

STIPULATION WITH [PROPOSED] ORDER Concerning Production of Electronically Stored Information filed by PricewaterhouseCoopers LLP. (Nicklin, Emily) (Filed on 10/5/2016) (Entered: 10/05/2016)

Oct. 5, 2016 PACER
49

STIPULATION AND ORDER re 48 STIPULATION WITH PROPOSED ORDER Concerning Production of Electronically Stored Information filed by PricewaterhouseCoopers LLP. Signed by Judge Jon S. Tigar on October 11, 2016. (wsn, COURT STAFF) (Filed on 10/11/2016) (Entered: 10/11/2016)

Oct. 11, 2016 RECAP
50

NOTICE by John Chapman, Steve Rabin of Filing of Consent to Join (Attachments: # 1 Exhibit A)(Sagafi, Jahan) (Filed on 10/26/2016) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
51

NOTICE by John Chapman, Steve Rabin of Filing of Consent to Join (Attachments: # 1 Exhibit A)(Sagafi, Jahan) (Filed on 10/28/2016) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
52

STIPULATION WITH [PROPOSED] ORDER re Stipulated Proposed Protective Order filed by PricewaterhouseCoopers LLP. (Nicklin, Emily) (Filed on 11/3/2016) (Entered: 11/03/2016)

Nov. 3, 2016 PACER
53

STIPULATION AND ORDER re 52 STIPULATION WITH [PROPOSED] ORDER re Stipulated Proposed Protective Order filed by PricewaterhouseCoopers LLP. Signed by Judge Jon S. Tigar on November 7, 2016. (wsn, COURT STAFF) (Filed on 11/7/2016) (Entered: 11/07/2016)

Nov. 7, 2016 RECAP
54

Minute Entry for proceedings held before Hon. Jon S. Tigar: Further Case Management Conference held on 11/18/2016. Total Time in Court: 30 minutes. Court Reporter: Not reported. (wsn, COURT STAFF) (Date Filed: 11/18/2016) (Entered: 11/18/2016)

Nov. 18, 2016 PACER
55

NOTICE OF MOTION & MOTION for Judgment on the Pleadings and Memorandum in Support filed by PricewaterhouseCoopers LLP. Motion Hearing set for 1/5/2017 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Responses due by 12/15/2016. Replies due by 12/22/2016. (Attachments: #(1) [Proposed] Order) (Nicklin, Emily) (Filed on 12/1/2016) (Entered: 12/01/2016)

Dec. 1, 2016 PACER
56

JOINT STIPULATION WITH [PROPOSED] ORDER to Amend the Briefing Schedule on Defendant's Motion for Judgment on the Pleadings and Vacate the Deadline on Plaintiffs' Conditional Certification Motion filed by John Chapman, Steve Rabin. (Sagafi, Jahan) (Filed on 12/7/2016) (Entered: 12/07/2016)

Dec. 7, 2016 PACER

Set Motion and Deadlines/Hearings

Dec. 7, 2016 PACER
57

STIPULATION AND ORDER re 56 JOINT STIPULATION WITH [PROPOSED] ORDER to Amend the Briefing Schedule on Defendant's Motion for Judgment on the Pleadings and Vacate the Deadline on Plaintiffs' Conditional Certification Motion filed by Steve Rabin, John Chapman. Signed by Judge Jon S. Tigar on December 7, 2016. (wsn, COURT STAFF) (Filed on 12/7/2016) (Entered: 12/07/2016)

Dec. 7, 2016 RECAP

Set/Reset Deadlines as to 55 MOTION for Judgment on the Pleadings. Responses due by 1/13/2017. Replies due by 1/26/2017. Motion Hearing set for 2/9/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. (wsn, COURT STAFF) (Filed on 12/7/2016)

Dec. 7, 2016 PACER
58

Joint Discovery Letter Brief filed by John Chapman, Steve Rabin. (Attachments: # 1 Exhibit A to the Joint Discovery Letter Brief, # 2 Exhibit B to the Joint Discovery Letter Brief, # 3 Declaration of Jahan C. Sagafi in Support of Plaintiffs' Position in the Parties' Joint Discovery Letter Brief)(Sagafi, Jahan) (Filed on 12/16/2016) (Entered: 12/16/2016)

1 Exhibit A to the Joint Discovery Letter Brief

View on PACER

2 Exhibit B to the Joint Discovery Letter Brief

View on PACER

3 Declaration of Jahan C. Sagafi in Support of Plaintiffs' Position in the Pa

View on PACER

Dec. 16, 2016 PACER
59

DISCOVERY ORDER re 58 Joint Discovery Letter Brief filed by Steve Rabin, John Chapman. Signed by Judge Jon S. Tigar on January 5, 2017. (wsn, COURT STAFF) (Filed on 1/5/2017) (Entered: 01/05/2017)

Jan. 5, 2017 RECAP
60

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11059723.) filed by PricewaterhouseCoopers LLP. (Premo-Hopkins, Mark) (Filed on 1/9/2017) Modified on 1/10/2017 (aaaS, COURT STAFF). (Entered: 01/09/2017)

Jan. 9, 2017 PACER
61

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY MARK PREMO-HOPKINS PRO HAC VICE by Judge Jon S. Tigar granting 60 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 1/9/2017) (Entered: 01/10/2017)

Jan. 9, 2017 PACER
62

OPPOSITION/RESPONSE to (re 55 MOTION for Judgment on the Pleadings ) filed by John Chapman, Steve Rabin. (Sagafi, Jahan) (Filed on 1/13/2017) (Entered: 01/13/2017)

Jan. 13, 2017 PACER
63

NOTICE of Change In Counsel by Jahan C. Sagafi (Sagafi, Jahan) (Filed on 1/19/2017) (Entered: 01/19/2017)

Jan. 19, 2017 PACER
64

REPLY (re 55 MOTION for Judgment on the Pleadings) filed by PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Nicklin, Emily) (Filed on 1/26/2017) (Entered: 01/26/2017)

Jan. 26, 2017 PACER
65

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-11123811) filed by PricewaterhouseCoopers LLP. (Attachments: #(1) Exhibit Certificate of Good Standing)(Rabinovitz, Joshua) (Filed on 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
66

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY JOSHUA Z. RABINOVITZ PRO HAC VICE by Judge Jon S. Tigar; granting 65 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
67

NOTICE of Change of Address by Jennifer Lin Liu (Liu, Jennifer) (Filed on 2/7/2017) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
68

Minute Entry for proceedings held before Hon. Jon S. Tigar: Motion Hearing held on 2/9/2017 re 55 MOTION for Judgment on the Pleadings filed by PricewaterhouseCoopers LLP. Total Time in Court: 1 hour, 37 minutes. Court Reporter: Lydia Zinn. (wsn, COURT STAFF) (Date Filed: 2/9/2017) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
69

CLERK'S NOTICE SETTING TELEPHONIC CASE MANAGEMENT CONFERENCE. A Telephonic Case Management Conference is set for 2/16/2017 at 2:30 PM. A Joint Agenda including a conference call number for the Court to use is due by 2/14/2017 at 5:00 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 2/9/2017) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
70

TRANSCRIPT ORDER for proceedings held on 2/9/2017 before Hon. Jon S. Tigar by PricewaterhouseCoopers LLP, for Court Reporter Lydia Zinn. (Nicklin, Emily) (Filed on 2/10/2017) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
71

Transcript of Proceedings held on 2/9/2017, before Judge Jon S. Tigar. Court Reporter/Transcriber Lydia Zinn, telephone number (415) 531-6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 70 Transcript Order ) Redacted Transcript Deadline set for 3/16/2017. Release of Transcript Restriction set for 5/15/2017. (Related documents(s) 70 ) (Zinn, Lydia) (Filed on 2/13/2017) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
72

Minute Entry for proceedings held before Hon. Jon S. Tigar: Further Case Management Conference held on 2/16/2017. Telephonic Case Management Conference set for 3/10/2017 at 2:00 PM. Total Time in Court: 1 hour, 16 minutes. Court Reporter: Not reported. (wsn, COURT STAFF) (Date Filed: 2/16/2017) (Entered: 02/17/2017)

Feb. 16, 2017 PACER
73

ORDER SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/8/2017. Telephonic Case Management Conference set for 3/10/2017 at 2:00 PM. Signed by Judge Jon S. Tigar on February 17, 2017. (wsnS, COURT STAFF) (Filed on 2/17/2017) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
74

ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS by Judge Jon S. Tigar; denying 55 Motion for Judgment on the Pleadings. (wsnS, COURT STAFF) (Filed on 2/17/2017) (Entered: 02/17/2017)

Feb. 17, 2017 RECAP
75

Stipulation and [Proposed] Order re Process for Production of Electronically Stored Information (ESI) re 72 Case Management Conference filed by John Chapman, Steve Rabin. (Sagafi, Jahan) (Filed on 2/17/2017) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
76

STIPULATION AND ORDER re 75 Stipulation and [Proposed] Order re Process for Production of Electronically Stored Information (ESI) filed by Steve Rabin, John Chapman. Signed by Judge Jon S. Tigar on February 21, 2017. (wsn, COURT STAFF) (Filed on 2/21/2017) (Entered: 02/22/2017)

Feb. 21, 2017 RECAP
77

NOTICE of Change In Counsel by Katrina Leigh Eiland (Eiland, Katrina) (Filed on 2/23/2017) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
78

Stipulation and [Proposed] Order re Joint Letter Brief on Data Discovery re 72 Case Management Conference filed by John Chapman, Steve Rabin. (Sagafi, Jahan) (Filed on 3/2/2017) (Entered: 03/02/2017)

March 2, 2017 PACER
79

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-11203010) filed by John Chapman, Steve Rabin. (Stromberg, Daniel) (Filed on 3/3/2017) (Entered: 03/03/2017)

March 3, 2017 PACER
80

Joint Discovery Letter Brief filed by PricewaterhouseCoopers LLP. (Attachments: # 1 Declaration 2017.03.03 Declaration of J. Sagafi, # 2 Declaration 2017.03.02 Declaration of S. Rabin)(Balassa, Gabor) (Filed on 3/3/2017) (Entered: 03/03/2017)

March 3, 2017 PACER
81

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY DANIEL STROMBERG PRO HAC VICE by Judge Jon S. Tigar; granting 79 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 3/6/2017) (Entered: 03/06/2017)

March 6, 2017 PACER
82

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-11212067) filed by John Chapman, Steve Rabin. (Stewart, Melissa) (Filed on 3/7/2017) (Entered: 03/07/2017)

March 7, 2017 PACER
83

STIPULATION AND ORDER re 78 Stipulation and [Proposed] Order re Joint Letter Brief on Data Discovery filed by Steve Rabin, John Chapman. Signed by Judge Jon S. Tigar on March 7, 2017. (wsn, COURT STAFF) (Filed on 3/7/2017) (Entered: 03/07/2017)

March 7, 2017 RECAP
84

NOTICE OF MOTION & MOTION for Certification UNDER 28 U.S.C. § 1292(b) AND NOTICE OF MOTION filed by PricewaterhouseCoopers LLP. (Nicklin, Emily) (Filed on 3/8/2017) (Entered: 03/08/2017)

March 8, 2017 PACER

Set Motion and Deadlines/Hearings

March 8, 2017 PACER

Set/Reset Deadlines as to 84 MOTION for Certification UNDER 28 U.S.C. § 1292(b) AND NOTICE OF MOTION. Responses due by 3/22/2017. Replies due by 3/29/2017. Motion Hearing set for 4/13/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. (wsn, COURT STAFF) (Filed on 3/8/2017)

March 8, 2017 PACER
85

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY MELISSA L. STEWART PRO HAC VICE by Judge Jon S. Tigar; granting 82 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 3/8/2017) (Entered: 03/08/2017)

March 8, 2017 PACER
86

JOINT CASE MANAGEMENT STATEMENT filed by John Chapman, Steve Rabin. (Sagafi, Jahan) (Filed on 3/8/2017) (Entered: 03/08/2017)

March 8, 2017 PACER
87

DISCOVERY ORDER re 80 Joint Discovery Letter Brief filed by PricewaterhouseCoopers LLP. Signed by Judge Jon S. Tigar on March 10, 2017. (wsn, COURT STAFF) (Filed on 3/10/2017) (Entered: 03/10/2017)

March 10, 2017 RECAP

Set Motion and Deadlines/Hearings

March 10, 2017 PACER
88

Minute Entry for proceedings held before Hon. Jon S. Tigar: Further Case Management Conference held on 3/10/2017. Case Management Statement due by 4/18/2017. Further Case Management Conference set for 4/20/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Total Time in Court: 8 minutes. Court Reporter: Not reported. (wsn, COURT STAFF) (Date Filed: 3/10/2017) (Entered: 03/10/2017)

March 10, 2017 PACER

Set/Reset Deadlines as to 84 MOTION for Certificate of Appealability UNDER 28 U.S.C. § 1292(b) AND NOTICE OF MOTION. Motion Hearing set for 4/20/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. (wsn, COURT STAFF) (Filed on 3/10/2017)

March 10, 2017 PACER
89

OPPOSITION/RESPONSE to (re 84 MOTION for Certificate of Appealability UNDER 28 U.S.C. § 1292(b) AND NOTICE OF MOTION); -Plaintiffs' Opposition to Defendant PricewaterhouseCoopers LLP's Motion for Certification Under 28 U.S.C. § 1292(b) filed by John Chapman, Steve Rabin. (Sagafi, Jahan) (Filed on 3/22/2017) (Entered: 03/22/2017)

March 22, 2017 PACER
90

Declaration of Jahan C. Sagafi in Support of re 89 Plaintiffs' Opposition to Defendant PricewaterhouseCoopers LLP's Motion for Certification Under 28 U.S.C. § 1292(b) filed by John Chapman, Steve Rabin. (Attachments: #(1) Exhibit 1, #(2) Exhibit 2, #(3) Exhibit 3, #(4) Exhibit 4) (Sagafi, Jahan) (Filed on 3/22/2017) (Entered: 03/22/2017)

March 22, 2017 PACER
91

Administrative Motion to File Under Seal Materials Related to Plaintiffs' Opposition to Defendant PricewaterhouseCoopers LLP's Motion for Certification Under 28 U.S.C. § 1292(b) filed by John Chapman, Steve Rabin. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit A - Redacted Version of Plaintiffs' Opposition Brief, # 4 Exhibit B - Unredacted Version of Plaintiffs' Opposition Brief, # 5 Exhibit C - Unredacted Version of Exhibit 1, # 6 Exhibit D - Unredacted Version of Exhibit 2, # 7 Exhibit E - Unredacted Version of Exhibit 3, # 8 Exhibit F - Redacted Version of Exhibit 4, # 9 Exhibit G - Unredacted Version of Exhibit 4, # 10 Certificate/Proof of Service)(Sagafi, Jahan) (Filed on 3/22/2017) (Entered: 03/22/2017)

March 22, 2017 PACER
92

JOINT STIPULATION WITH [PROPOSED] ORDER to extend time to file Declaration in Support of Plaintiffs' Administrative Motion for Leave to File Under Seal filed by PricewaterhouseCoopers LLP. (Premo-Hopkins, Mark) (Filed on 3/28/2017) (Entered: 03/28/2017)

March 28, 2017 PACER
93

REPLY (re 84 MOTION for Certification UNDER 28 U.S.C. § 1292(b) AND NOTICE OF MOTION) filed by PricewaterhouseCoopers LLP. (Nicklin, Emily) (Filed on 3/29/2017) (Entered: 03/29/2017)

March 29, 2017 PACER
94

STIPULATION AND ORDER re 92 STIPULATION WITH [PROPOSED] ORDER to extend time to file Declaration in Support of Plaintiffs' Administrative Motion for Leave to File Under Seal filed by PricewaterhouseCoopers LLP. Signed by Judge Jon S. Tigar on March 29, 2017. (wsn, COURT STAFF) (Filed on 3/29/2017) (Entered: 03/29/2017)

March 29, 2017 RECAP

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 27, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All PwC applicants (a) who applied to and were denied Covered Positions on or after October 18, 2013; (b) who were aged 40 or older at the time of application; and (c) who opted in to this lawsuit, lived in Michigan, or lived in California.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

PricewaterhouseCoopers LLP, Private Entity/Person

Case Details

Causes of Action:

State law

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 11,625,000

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits