Case: Rotondo v. JPMorgan Chase Bank

2:19-cv-02328 | U.S. District Court for the Southern District of Ohio

Filed Date: May 30, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

In June 2017, a JP Morgan Chase Bank employee filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). He received a right to due letter from the agency in February 2019.On May 30, 2019, the plaintiff filed this class action against JP Morgan Chase Bank in the U.S. District Court for the Southern District of Ohio. Represented by the ACLU, the ACLU of Ohio, and the employment law firm Outten & Golden LLP, the plaintiff sought declaratory, injunctive and monetary rel…

In June 2017, a JP Morgan Chase Bank employee filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). He received a right to due letter from the agency in February 2019.

On May 30, 2019, the plaintiff filed this class action against JP Morgan Chase Bank in the U.S. District Court for the Southern District of Ohio. Represented by the ACLU, the ACLU of Ohio, and the employment law firm Outten & Golden LLP, the plaintiff sought declaratory, injunctive and monetary relief. The plaintiff claimed that the company discriminated against him and other fathers by denying them paid parental leave on the same terms as mothers. He alleged that JPMorgan’s parental leave policy violated Title VII of the Civil Rights Act of 1964, the Ohio Fair Employment Practices Act, and other state and local laws that prohibit employers from discriminating against employees based on sex or sex-based stereotypes. That same day, the plaintiff filed an unopposed motion for class certification, preliminary approval of a settlement class, and proposed notice procedure for absent class members. The case was transferred to Judge Susan Dlott days later.

Under the settlement, the defendant agreed to maintain its current gender neutral parental leave policy, which was clarified following the filing of the plaintiff’s discrimination charge. It also agreed to train those administering the policy on its gender neutral application and to pay $5 million to fathers who claimed they were denied the opportunity to take additional paid parental leave as primary caregivers. The Chase settlement is the first private class action to settle sex discrimination claims for a class of fathers who claim they were denied the opportunity to receive equal paid parental leave given to mothers.

The court granted preliminary approval of the plaintiff’s request for class certification of those who had similarly been unlawfully denied paid parental leave on the same terms as mothers on June 21, 2019. It set a date for a fairness hearing for November 6, 2019. The case is ongoing.

Summary Authors

Nelius Wanjohi (10/14/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15718150/parties/rotondo-v-jpmorgan-chase-bank-na/


Judge(s)
Attorney for Plaintiff

Aaron, Deidre Anne (New York)

Levenson, Freda J. (Ohio)

Attorney for Defendant

Birnbaum, Samuel C. (District of Columbia)

Dunlap, Jeffrey S. (Ohio)

Jacobs, Precious S (Ohio)

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Documents in the Clearinghouse

Document

2:19-cv-02328

Docket [PACER]

Rotondo v. JPMorgan Chase Bank N.A

Aug. 20, 2019

Aug. 20, 2019

Docket
1

2:19-cv-02328

Complaint

Rotondo v. JPMorgan Chase Bank N.A

May 30, 2019

May 30, 2019

Complaint
16

2:19-cv-02328

Order Granting Plaintiff's Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiff's Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement and Class

Rotondo v. JPMorgan Chase Bank N.A

June 21, 2019

June 21, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15718150/rotondo-v-jpmorgan-chase-bank-na/

Last updated March 13, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
6

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6944755) of Pooja Shethji by Plaintiff Rotondo Derek. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/30/2019)

1 Exhibit Certificate of Good Standing

View on PACER

May 30, 2019

May 30, 2019

PACER
5

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6944722) of Deirdre Aaron by Plaintiff Rotondo Derek. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/30/2019)

1 Exhibit Certificate of Good Standing

View on PACER

May 30, 2019

May 30, 2019

PACER
4

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6944705) of Peter Romer-Friedman by Plaintiff Rotondo Derek. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/30/2019)

1 Exhibit Certificate of Good Standing

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May 30, 2019

May 30, 2019

PACER
3

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6944640) of Galen Sherwin by Plaintiff Rotondo Derek. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/30/2019)

1 Exhibit Certificate of Good Standing

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May 30, 2019

May 30, 2019

PACER
2

Unopposed MOTION for Preliminary Approval of Class Action Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiff's Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement and Class Action Settlement Procedure and Memorandum in Support by Plaintiff Rotondo Derek. (Attachments: # 1 Exhibit Romer-Friedman Declaration with Exhibits, # 2 Exhibit Sherwin Declaration, # 3 Exhibit Wickersham Declaration with Exhibits) (Levenson, Freda). Added MOTION to Certify Class, MOTION to Appoint Counsel, MOTION for Settlement on 5/31/2019 (eh). (Entered: 05/30/2019)

1 Exhibit Romer-Friedman Declaration with Exhibits

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2 Exhibit Sherwin Declaration

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3 Exhibit Wickersham Declaration with Exhibits

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May 30, 2019

May 30, 2019

RECAP
1

COMPLAINT with JURY DEMAND against JPMorgan Chase Bank N.A. ( Filing fee $ 400 paid - receipt number: 0648-6944481), filed by Rotondo Derek. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) (Levenson, Freda) (Entered: 05/30/2019)

1 Civil Cover Sheet Civil Cover Sheet

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May 30, 2019

May 30, 2019

Clearinghouse
7

ORDER transferring the case from the docket of the Hon. Michael R. Barrett to the Clerks Office for reassignment. Case reassigned to Judge Susan J. Dlott for all further proceedings. Signed by Judge Michael R. Barrett on 5/31/19. (sct) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER

If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh)

May 31, 2019

May 31, 2019

PACER

Case Transferred In - Divisional

June 3, 2019

June 3, 2019

PACER

Notice of Corrective Docket Entry

June 3, 2019

June 3, 2019

PACER

Case transferred in from Western Division at Cincinnati Division on 06/03/2019 Case Number 1:19-cv-408. Case assigned to Judge George C. Smith and Magistrate Judge Chelsey M. Vascura. (eh)

June 3, 2019

June 3, 2019

PACER
9

ORDER - This case is hereby TRANSFERRED from the docket of The Honorable Susan J. Dlott to the Clerk of this Court for reassignment in the Eastern Division in Colwnbus. Signed by Judge Susan J. Dlott on 6/3/2019. (eh) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER

Notice of Correction: Please disregard [FORMER DOC. 8] - filed using incorrect ECF event in error. (eh)

June 3, 2019

June 3, 2019

PACER
8

[FORMER DOC. 8 - PLEASE DISREGARD. FILED IN ERROR]. ORDER REASSIGNING CASE signed by Judge Susan J. Dlott on 6/3/2019. Case reassigned to Judge William O. Bertelsman for all further proceedings. Judge Susan J. Dlott no longer assigned to case. (eh) Modified docket text and document security on 6/3/2019 (eh). (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 4, 2019

June 4, 2019

PACER

NOTICE of Appearance by Jeffrey S Dunlap for Defendant JPMorgan Chase Bank N.A.SEE DOCKET # 10 FOR DOCUMENT (kk)

June 4, 2019

June 4, 2019

PACER
11

NOTATION ORDER granting 3, 4, 5, & 6 Motions for Leave to Appear Pro Hac Vice of Galen Sherwin, Peter Romer-Friedman, Deirdre Aaron, and Pooja Shethji by Magistrate Judge Chelsey M. Vascura on 6/4/2019. (kk) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
10

NOTICE of Appearance by Alyson A Terrell for Defendant JPMorgan Chase Bank N.A. (Terrell, Alyson) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

RECAP

Notice of Appearance

June 5, 2019

June 5, 2019

PACER
14

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6959233) of Emily M. Loeb by Defendant JPMorgan Chase Bank N.A. (Attachments: # 1 Exhibit Certificate of Good Standing) (Terrell, Alyson) (Entered: 06/10/2019)

1 Exhibit Certificate of Good Standing

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June 10, 2019

June 10, 2019

PACER
13

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6959221) of Samuel C. Birnbaum by Defendant JPMorgan Chase Bank N.A. (Attachments: # 1 Exhibit Certificate of Good Standing) (Terrell, Alyson) (Entered: 06/10/2019)

1 Exhibit Certificate of Good Standing

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June 10, 2019

June 10, 2019

PACER
12

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6959166) of Thomas J. Perrelli by Defendant JPMorgan Chase Bank N.A. (Attachments: # 1 Exhibit Certificate of Good Standing) (Terrell, Alyson) Modified on 6/11/2019 to correct atty name (kk) (Entered: 06/10/2019)

1 Exhibit Certificate of Good Standing

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June 10, 2019

June 10, 2019

PACER
15

NOTATION ORDER granting 12, 13, & 14 Motions for Leave to Appear Pro Hac Vice of Thomas J Perrelli, Samuel C Birnbaum, & Emily M Loeb by Magistrate Judge Chelsey M. Vascura on 6/11/2019 (kk) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 11, 2019

June 11, 2019

PACER

Set/Reset Hearings

June 21, 2019

June 21, 2019

PACER

Set/Reset Hearings: Fairness Hearing set for 10/30/2019 02:00 PM in Courtroom 4 - Columbus before Judge George C. Smith. (mdr)

June 21, 2019

June 21, 2019

PACER
16

ORDER Granting 2 Plaintiff's Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiff's Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement and Class Action Settlement Procedure. Fairness hearing set for OCTOBER 30, 2019 at 2:00 p.m. in Courtroom 4. Signed by Judge George C. Smith on 06/20/2019. (mdr) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

Clearinghouse
17

WAIVER OF SERVICE Returned Executed. Waiver sent to JPMorgan Chase Bank N.A. on 6/11/2019, answer due 8/12/2019. (Levenson, Freda) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
18

Joint MOTION for Extension of Time New date requested 7/12/2019. Joint Motion for Extension of Time to Mail Court-Approved Notice and Claim Form by Plaintiff Derek Rotondo. (Levenson, Freda) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
19

NOTATION ORDER granting 18 Motion for Extension of Time to Mail Court-Approved Notice and Claim Form. By Magistrate Judge Chelsey M. Vascura on 7/2/2019. (agm) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER

Order on Motion for Extension of Time

July 2, 2019

July 2, 2019

PACER
20

Joint MOTION for Extension of Time New date requested 9/30/2019. JOINT MOTION TO EXTEND CLAIM FORM DEADLINE AND RESCHEDULE FAIRNESS HEARING by Plaintiff Derek Rotondo. (Attachments: # 1 Text of Proposed Order GRANTING JOINT MOTION TO EXTEND CLAIM FORM DEADLINE AND RESCHEDULE FAIRNESS HEARING) (Levenson, Freda) (Entered: 08/19/2019)

1 Text of Proposed Order GRANTING JOINT MOTION TO EXTEND CLAIM FORM DEADLINE AND

View on PACER

Aug. 19, 2019

Aug. 19, 2019

PACER
21

Order Granting 20 Joint MOTION for Extension of Time to file Claim Forms and Reschedule Fairness Hearing. Claim Form Deadline is 09/30/2019. Motion for Final Approval to be filed on or before 10/22/2019. The Fairness Hearing is REFERRED to Magistrate Judge Chelsey M. Vascura. Fairness Hearing set for 11/6/2019 02:00 PM in Courtroom 183 - Columbus before Magistrate Judge Chelsey M. Vascura. Signed by Judge George C. Smith on 08/20/2019. (mdr) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
23

Attorney Fees

Oct. 22, 2019

Oct. 22, 2019

PACER
24

Unopposed MOTION for Attorney Fees by Plaintiff Derek Rotondo. (Attachments: # 1 Memorandum of Law in Support of Plaintiff's Unopposed Motion for Approval of Attorneys' Fees, Reimbursement of Expenses, and Service Payment, # 2 Declaration of Peter Romer-Friedman in Support of Plaintiffs' Motions, # 3 Exhibit Exhibit 1 - Outten & Golden Lodestar Report, # 4 Exhibit Exhibit 2 - Outten & Golden Costs Summary, # 5 Exhibit Exhibit 3 - Joint Stipulation of Settlement Agreement and Release, # 6 Declaration of Galen L. Sherwin in Support of Plaintiff's Motions, # 7 Declaration of Freda J. Levenson in Support of Plaintiff's Motions, # 8 Declaration of Derek Rotondo in Support of Plaintiff's Request for Service Payment, # 9 Declaration of Melissa Baldwin for RG2 Claims Administration Regarding Notice Dissemination to the Class, # 10 Exhibit Exhibit A - Court Authorized Notice, # 11 Exhibit Exhibit B - Important Reminder Regarding JPMorgan Chase Parental Leave Settlement, # 12 Exhibit Exhibit C - Opt-out Letters, # 13 Exhibit Exhibit D - Deadline Extension Notification) (Levenson, Freda) (Entered: 10/22/2019)

1 Memorandum of Law in Support of Plaintiff's Unopposed Motion for Approval

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2 Declaration of Peter Romer-Friedman in Support of Plaintiffs' Motions

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3 Exhibit Exhibit 1 - Outten & Golden Lodestar Report

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4 Exhibit Exhibit 2 - Outten & Golden Costs Summary

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5 Exhibit Exhibit 3 - Joint Stipulation of Settlement Agreement and Release

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6 Declaration of Galen L. Sherwin in Support of Plaintiff's Motions

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7 Declaration of Freda J. Levenson in Support of Plaintiff's Motions

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8 Declaration of Derek Rotondo in Support of Plaintiff's Request for Service

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9 Declaration of Melissa Baldwin for RG2 Claims Administration Regarding Notice D

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10 Exhibit Exhibit A - Court Authorized Notice

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11 Exhibit Exhibit B - Important Reminder Regarding JPMorgan Chase Parental Leave S

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12 Exhibit Exhibit C - Opt-out Letters

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13 Exhibit Exhibit D - Deadline Extension Notification

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Oct. 22, 2019

Oct. 22, 2019

PACER
22

Unopposed MOTION for Final Approval of Class Action Settlement by Plaintiff Derek Rotondo. (Attachments: # 1 Memorandum of Law in Support of Plaintiff's Unopposed Motion for Final Approval of Class Action Settlement, # 2 Text of Proposed Order Proposed Order Granting Plaintiff's Motion for Final Approval of the Class Action Settlement and Approval of Attorneys' Fees, Reimbursement of Expenses, and Service Payment) (Levenson, Freda) (Entered: 10/22/2019)

1 Memorandum of Law in Support of Plaintiff's Unopposed Motion for Final App

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2 Text of Proposed Order Proposed Order Granting Plaintiff's Motion for Final

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Oct. 22, 2019

Oct. 22, 2019

PACER
25

MOTION to Remove Document Filed in Error re 23 Unopposed MOTION for Attorney Fees by Plaintiff Derek Rotondo. (Attachments: # 1 Text of Proposed Order) (Levenson, Freda) (Entered: 10/24/2019)

1 Text of Proposed Order

View on PACER

Oct. 24, 2019

Oct. 24, 2019

PACER
26

NOTATION ORDER granting 25 Motion to Remove Document Filed in Error re 23 Unopposed MOTION for Attorney Fees. By Magistrate Judge Chelsey M. Vascura on 10/25/2019. (agm) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER

Order on Motion for Miscellaneous Relief

Oct. 25, 2019

Oct. 25, 2019

PACER
28

Corporate Disclosure Statement by Defendants JPMorgan Chase Bank N.A., JPMorgan Chase & Co. identifying Other Affiliate JPMorgan Chase & Co. for JPMorgan Chase Bank N.A... (Terrell, Alyson) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
27

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7179934) of Precious S. Jacobs by Defendant JPMorgan Chase Bank N.A.. (Terrell, Alyson) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
29

NOTATION ORDER Granting 27 Motion for Leave to Appear Pro Hac Vice of Precious S. Jacobs entered by Magistrate Judge Chelsey M. Vascura on 11/01/2019. (mdr) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 1, 2019

Nov. 1, 2019

PACER
30

Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Fairness Hearing held on 11/6/2019. (Court Reporter: Lahana DuFour) (agm) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER
32

REPORT AND RECOMMENDATION: It is RECOMMENDED that Plaintiff's Motions (ECF Nos. 22 and 24 ) be GRANTED. Objections to R&R due by 12/4/2019. Signed by Magistrate Judge Chelsey M. Vascura on 11/20/2019. (daf) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

RECAP
33

STIPULATION Regarding Report and Recommendation by Plaintiff Derek Rotondo. (Attachments: # 1 Text of Proposed Order Adopting Report and Recommendation) (Levenson, Freda) (Entered: 11/22/2019)

1 Text of Proposed Order Adopting Report and Recommendation

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Nov. 22, 2019

Nov. 22, 2019

PACER
35

JUDGMENT entered pursuant to the Order signed by Judge George C. Smith on 12/02/2019. (mdr) (Entered: 12/03/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
34

ORDER ADOPTING and AFFIRMING the 32 REPORT AND RECOMMENDATION in that this action is DISMISSED, Granting 22 Motion for Miscellaneous Relief filed by Derek Rotondo and Granting 24 Motion for Attorney Fees filed by Derek Rotondo. Signed by Judge George C. Smith on 12/02/2019. (mdr) (Entered: 12/03/2019)

Dec. 2, 2019

Dec. 2, 2019

RECAP
36

NOTICE of Change of Address by Freda J Levenson (Levenson, Freda) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER
37

Transcript of Fairness Hearing Proceedings held on 11/6/2019, before Magistrate Judge Chelsey M. Vascura. Court Reporter/Transcriber Lahana DuFour, Telephone number 614-719-3286. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 3/23/2020. Redacted Transcript Deadline set for 4/2/2020. Release of Transcript Restriction set for 6/1/2020. (DuFour, Lahana) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
38

Joint MOTION FOR APPROVAL OF CY PRES DESIGNEE by Plaintiff Derek Rotondo. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Deirdre Aaron, # 3 Text of Proposed Order) (Levenson, Freda) (Entered: 10/28/2020)

1 Memorandum in Support

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2 Declaration of Deirdre Aaron

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3 Text of Proposed Order

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Oct. 28, 2020

Oct. 28, 2020

PACER
40

ORDER granting 38 Motion for Approval of Cy Pres Designee. The Court approves the National Partnership for Women & Families as the cy pres designee. Signed by Magistrate Judge Chelsey M. Vascura on 10/29/2020. (kk2) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
39

ORDER REASSIGNING CASE to Judge Sarah D. Morrison for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 4/16/2020. (er) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 30, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All male employees of Chase nationwide who took the maximum amount of non-primary caregiver leave available under Chase’s policy in effect at the time for the birth of one or more child (either one week or two weeks depending on the time period, would have otherwise qualified for paid parental leave, but did not take primary leave, and whose request for non-primary or primary parental leave or leave was within the applicable statute of limitations period.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

JPMorgan Chase Bank N.A., Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Amount Defendant Pays: 5000000

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Training

Issues

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits