Case: Millien v Madison Square Garden Co.

1:17-cv-04000 | U.S. District Court for the Southern District of New York

Filed Date: April 26, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a class action suit regarding the legality of withholding an individual's background check report during adverse employment application decisions. On April 26, 2017, an individual who sought and was denied employment at The Madison Square Garden Company and MSGN Holdings, L.P. (MSG) filed this lawsuit in New York County Supreme Court. The plaintiff sued MSG for violations under the Fair Credit Reporting Act (FCRA) and the New York State Fair Credit Reporting Act (NY FCRA). Represented b…

This is a class action suit regarding the legality of withholding an individual's background check report during adverse employment application decisions. On April 26, 2017, an individual who sought and was denied employment at The Madison Square Garden Company and MSGN Holdings, L.P. (MSG) filed this lawsuit in New York County Supreme Court. The plaintiff sued MSG for violations under the Fair Credit Reporting Act (FCRA) and the New York State Fair Credit Reporting Act (NY FCRA). Represented by private counsel, the plaintiff sought injunctive and declaratory relief as well as compensation for damages and reasonable attorneys' fees. On May 26, 2017, MSG removed the case to the U.S. District Court for the Southern District of New York. The case was assigned to Judge Alison J. Nathan and Magistrate Judge Sarah Netburn. The case was later reassigned to Magistrate Judge Henry B. Pitman and then to Judge Sarah L. Cave.

The plaintiff alleged that MSG failed to provide job applicants with copies of their background check reports and other required notices before making adverse employment decisions as required by the federal Fair Credit Reporting Act (FCRA) and the New York Fair Credit Reporting Act (NY FCRA). FCRA requires that employers using consumer reports to make adverse employment decisions must provide a copy of the report to the individual along with notification of its intent to take adverse action and a summary of the individuals’ rights under FCRA. NY FCRA requires that an entity must provide a copy of the background check if it contains criminal conviction information.

On July 14, 2017, the plaintiff filed an amended complaint, adding a claim that MSG’s refusal to hire individuals with past convictions violated the New York City Human Rights Law (NYCHRL) and had a disparate impact on Black and Latino applicants.

After various procedural delays and adjournments, MSG filed a motion to stay the proceedings, which the court granted on August 15, 2018. On June 24, 2019, the plaintiff moved for preliminary approval of a class action settlement, conditional certification of settlement classes, and approval of plaintiff’s proposed notice of settlement, which the court granted on August 8, 2019. 2019 WL 3759501. On November 4, 2019, plaintiffs moved for certification of the settlement classes, final approval of class action settlement, approval of service awards, and attorneys' fees and expenses.

After a final hearing on November 19, 2019, the court granted the plaintiff’s motion to certify a class and approve the settlement on August 7, 2020. Two classes were certified. The FCRA Class was defined as “individuals who were denied employment with MSG based on the content of his or her Background Check Report from April 26, 2015 through the date of Preliminary Approval of the Settlement,” and the NYC class was defined as “individuals who applied for employment with MSG in New York City, New York and who were denied employment based on MSG’s determination that they failed to fully or accurately disclose their criminal conviction history from May 8, 2014 through the date of Preliminary Approval of the Settlement” under Rule 23(a) and Rule 23(b)(3). 2020 WL 4572678.

Under the settlement, class members were awarded over $500,000 in damages in exchange for releasing MSG from all discrimination claims, and the court awarded $750,000 in reasonable attorneys' fees. Furthermore, MSG also agreed to change its policy regarding hiring and employment of those with criminal records. MSG would contract with a Consumer Reporting Agency to provide pre-adverse action letters to applicants denied employment based on their background checks. MSG would also only require that applicants disclose criminal conviction history for the five years preceding an application and would no longer require that applicants disclose convictions for possession of marijuana, except for convictions with intent to sell marijuana. If applicants did not fully or accurately disclose their criminal conviction histories, MSG would request an explanation for the lack of disclosure prior to making any adverse employment decisions.

The court entered the judgment on August 10. The settlement agreement is set to expire two years after the date of judgment or MSG's full compliance with the settlement's policy changes, whichever is later.

Summary Authors

Zofia Peach (10/25/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6069167/parties/millien-v-the-madison-square-garden-company/


Judge(s)

Cave, Sarah L. (New York)

Nathan, Alison Julie (New York)

Attorneys(s) for Plaintiff

Bentley, Cheryl-Lyn (New York)

Eingold, Eric Vinson (New York)

Lopez, P. David (District of Columbia)

Martinez, Nina Teresa (New York)

McNerney, Christopher M. (New York)

Miazad, Ossai (New York)

Pope, Michael Clayton (New York)

Schrum−Herrera, Cristina (California)

Judge(s)

Cave, Sarah L. (New York)

Nathan, Alison Julie (New York)

Attorneys(s) for Plaintiff

Bentley, Cheryl-Lyn (New York)

Eingold, Eric Vinson (New York)

Lopez, P. David (District of Columbia)

Martinez, Nina Teresa (New York)

McNerney, Christopher M. (New York)

Miazad, Ossai (New York)

Pope, Michael Clayton (New York)

Schrum−Herrera, Cristina (California)

Steel, Lewis M (New York)

Stromberg, Daniel (New York)

Young, Chauniqua Danielle (New York)

Attorneys(s) for Defendant

Engelman, Keri Lynne (Pennsylvania)

Evans, Paul C (New York)

Shaulson, Sam Scott (New York)

Documents in the Clearinghouse

Document

652225/2017

Docket [Supreme Court]

Millien v. The Madison Square Garden Company

New York state supreme court

May 26, 2017

May 26, 2017

Docket

1:17-cv-04000

652225/2017

Docket [PACER]

Millien v. The Madison Square Garden Company

Aug. 10, 2020

Aug. 10, 2020

Docket
1

652225/2017

Summons; Class Action Complaint

Millien v. Madison Square Garden Company

New York state trial court

April 26, 2017

April 26, 2017

Complaint
13

1:17-cv-04000

First Amended Federal Class Action Complaint

Millien v. Madison Square Garden Company

July 14, 2017

July 14, 2017

Complaint
96-1

1:17-cv-04000

Stipulation and Settlement Agreement

Millien v. Madison Square Garden Company

June 24, 2019

June 24, 2019

Settlement Agreement
98

1:17-cv-04000

Opinion

Millien v. Madison Square Garden Company

2019 WL 3759501

Aug. 8, 2019

Aug. 8, 2019

Order/Opinion
118

1:17-cv-04000

Memorandum Opinion & Order

Millien v. Madison Square Garden Company

2020 WL 4572678

Aug. 7, 2020

Aug. 7, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6069167/millien-v-the-madison-square-garden-company/

Last updated Aug. 8, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652225-17. (Filing Fee $ 400.00, Receipt Number 0208-13714758).Document filed by MSGN Holdings, L.P., THE MADISON SQUARE GARDEN COMPANY. (Attachments: # 1 Exhibit A - Summons and Complaint, # 2 Exhibit B - Summons and First Amended Complaint)(Shaulson, Sam) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
2

CIVIL COVER SHEET filed. (Shaulson, Sam) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
3

NOTICE OF APPEARANCE by Ossai Miazad on behalf of Felipe Kelly, Clint Millien. (Miazad, Ossai) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
4

NOTICE OF APPEARANCE by Christopher McNerney on behalf of Felipe Kelly, Clint Millien. (McNerney, Christopher) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
5

NOTICE OF APPEARANCE by Chauniqua Danielle Young on behalf of Felipe Kelly, Clint Millien. (Young, Chauniqua) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER

***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sam Scott Shaulson. The following case opening statistical information was erroneously selected/entered: County code XX Out of State. The following correction(s) have been made to your case entry: the County code has been modified to New York. (kl)

May 30, 2017

May 30, 2017

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sam Scott Shaulson. The party information for the following party/parties has been modified: Felipe Kelly, Clint Millien, THE MADISON SQUARE GARDEN COMPANY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (kl)

May 30, 2017

May 30, 2017

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl)

May 30, 2017

May 30, 2017

PACER

Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (kl)

May 30, 2017

May 30, 2017

PACER

Case Designated ECF. (kl)

May 30, 2017

May 30, 2017

PACER
6

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/23/2017 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 5/31/2017) (mml) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
7

NOTICE OF APPEARANCE by Michael Clayton Pope on behalf of Felipe Kelly, Clint Millien. (Pope, Michael) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
8

NOTICE OF APPEARANCE by Eric Vinson Eingold on behalf of Felipe Kelly, Clint Millien. (Eingold, Eric) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
9

LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Sam S. Shaulson dated June 2, 2017. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company. (Attachments: # 1 Stipulation and Proposed Order Regarding Extension of Time for Defendants to Answer, Plead or Otherwise Respond to the First Amended Complaint and Proposed Briefing Schedule)(Shaulson, Sam) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
10

ORDER granting 9 Letter Motion for Extension of Time to Answer:NOW, THEREFORE, IT IS STIPULATED AND AGREED, as follows: 1. The deadline for Defendants to answer, plead, or otherwise respond to Plaintiffs' Amended Complaint shall be extended 24-days, up to and including June 26, 2017; 2. Should Defendants file a motion dismiss and/or strike any or all of the claims in Amended Complaint, Plaintiffs shall have until and including July 26, 2017 to file any opposition to Defendants' motion; and 3. Should Defendants file a motion dismiss and/or strike any or all of the claims in Amended Complaint and should Plaintiffs file an opposition to Defendants' motion, Defendants will have until and including August 16, 2017 to file a reply in support of their motion. (MSGN Holdings, L.P. answer due 6/26/2017; The Madison Square Garden Company answer due 6/26/2017.) (Signed by Judge Alison J. Nathan on 6/2/2017) (jwh) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER

Set/Reset Deadlines: Motions due by 6/26/2017. Responses due by 7/26/2017. Replies due by 8/16/2017. (jwh)

June 2, 2017

June 2, 2017

PACER
11

FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company.(Shaulson, Sam) Modified on 6/28/2017 (lb). (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
12

ANSWER to Complaint. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company.(Shaulson, Sam) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

RECAP

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Sam Scott Shaulson to RE-FILE Document 11 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)

June 28, 2017

June 28, 2017

PACER
13

FIRST AMENDED COMPLAINT against MSGN Holdings, L.P., The Madison Square Garden Company with JURY DEMAND.Document filed by Clint Millien, Felipe Kelly.(Miazad, Ossai) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

RECAP
14

NOTICE OF APPEARANCE by Lewis M. Steel on behalf of Felipe Kelly, Clint Millien. (Steel, Lewis) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
15

LETTER addressed to Judge Alison J. Nathan from Chauniqua D. Young dated July 21, 2017 re: Withdrawal as Attorney of Record. Document filed by Felipe Kelly, Clint Millien.(Young, Chauniqua) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
16

MEMO ENDORSEMENT on re: 15 Letter filed by Felipe Kelly, Clint Millien. ENDORSEMENT: SO ORDERED. Attorney Chauniqua Danielle Young terminated. (Signed by Judge Alison J. Nathan on 7/24/2017) (mro) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
17

MOTION for P. David Lopez to Appear Pro Hac Vice . Filing fee of $200.00, receipt no. 0208-13982227. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Affidavit, # 2 Certificates of Good Standing, # 3 Proposed Order)(Lopez, Patrick) Modified on 8/14/2017 (jc). (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. 17 MOTION for P. David Lopez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Colorado; the filing fee was not paid;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (bcu)

Aug. 7, 2017

Aug. 7, 2017

PACER
18

MOTION for P. David Lopez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order)(Lopez, Patrick) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for P. David Lopez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)

Aug. 14, 2017

Aug. 14, 2017

PACER
19

LETTER MOTION for Extension of Time re: Initial Pretrial Conference addressed to Judge Alison J. Nathan from P. David Lopez dated August 15, 2017. Document filed by Felipe Kelly, Clint Millien.(Lopez, Patrick) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
20

ORDER granting 19 Letter Motion for Extension of Time re: Initial Pretrial Conference. The Court hereby reschedules the initial pretrial conference previously scheduled for August 23, 2017 to September 15, 2017 at 2:30 P.M. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/15/2017) (mml) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
21

ORDER granting 18 Motion for P. David Lopez to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
22

MOTION for Paul C. Evans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14064150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company. (Attachments: # 1 Affidavit of Paul C. Evans, # 2 Certificates of Good Standing from New Jersey and Pennsylvania, # 3 Text of Proposed Order)(Evans, Paul) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
23

MOTION for Keri L. Engelman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14064233. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company. (Attachments: # 1 Affidavit of Keri L. Engelman, # 2 Certificates of Good Standing from New Jersey and Pennsylvania, # 3 Text of Proposed Order)(Engelman, Keri) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Keri L. Engelman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14064233. Motion and supporting papers to be reviewed by Clerk's Office staff., 22 MOTION for Paul C. Evans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14064150. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Aug. 29, 2017

Aug. 29, 2017

PACER
24

ORDER granting 22 Motion for Paul C. Evans to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
25

ORDER granting 23 Motion for Keri L. Engelman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
26

LETTER addressed to Judge Alison J. Nathan from Ossai Miazad dated September 8, 2017 re: Proposed Civil Case Management Plan and Scheduling Order. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Exhibit A)(Miazad, Ossai) (Entered: 09/08/2017)

1 Exhibit A

View on PACER

Sept. 8, 2017

Sept. 8, 2017

PACER
27

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Cristina Schrum-Herrera to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14128996. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order)(Schrum-Herrera, Cristina) Modified on 9/15/2017 (wb). (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 27 MOTION for Cristina Schrum-Herrera to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14128996. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

Sept. 15, 2017

Sept. 15, 2017

PACER

Minute Entry for proceedings held before Judge Alison J. Nathan. Initial Pretrial Conference held on 9/15/2017. See transcript for complete details. (Court Reporter Kelly Surina) (qs)

Sept. 15, 2017

Sept. 15, 2017

PACER
28

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. ยง 636(c). This case is to be tried to a jury. Case Management Conference set for 7/28/2018 at 02:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 9/15/2017) (mml) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
29

MOTION for Cristina Schrum-Herrera to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proof of Payment for Filing, # 4 Proposed Order)(Schrum-Herrera, Cristina) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 29 MOTION for Cristina Schrum-Herrera to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Sept. 25, 2017

Sept. 25, 2017

PACER
30

LETTER addressed to Judge Alison J. Nathan from P. David Lopez dated September 26, 2017 re: Stipulation and [Proposed] Order. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Stipulation and [Proposed] Order)(Lopez, Patrick) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
31

STIPULATION AND ORDER CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION:...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alison J. Nathan on 9/27/2017) (ap) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
32

LETTER addressed to Judge Alison J. Nathan from David Lopez dated October 2, 2017 re: Formatted Stipulation and [Proposed] Order, and Rescheduling of the Case Management Conference. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Exhibit A)(Lopez, Patrick) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
33

STIPULATION AND ORDER CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION: IT IS HEREBY ORDERED that: 1. All Parties are bound by and subject to the terms of this Order. 2. Definitions. a. "Discovery Material" is defined as all products of discovery and all information derived there from, including, but not limited to, documents, objects and things, deposition testimony, interrogatory/request for admission responses, and any copies, excerpts or summaries thereof, produced by any Party in the above-captioned matter. b. Plaintiffs and Defendants, as well as their officers, directors, employees, agents, and legal counsel, are referred to as the "Parties" solely for the purposes of this Protocol. c. "Plaintiffs" as used herein shall mean Plaintiffs Clint Millien and Felipe Kelly, as well as any other individually named plaintiff in this case or in any case that is consolidated with this matter or any such consolidated matter as set forth in this order. (Signed by Judge Alison J. Nathan on 10/2/2017) (rj) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
34

MEMO ENDORSEMENT on re: 32 LETTER addressed to Judge Alison J. Nathan from David Lopez dated October 2, 2017 re: Formatted Stipulation and [Proposed] Order, and Rescheduling of the Case Management Conference. Document filed by Felipe Kelly, Clint Millien. ENDORSEMENT: The conference previously scheduled for July 28, 2018 is hereby rescheduled for July 27, 2018 at 2:00 P.M. SO ORDERED. (Case Management Conference set for 7/27/2018 at 02:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/2/2017) (rjm) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
35

ORDER granting 29 Motion for Cristina Schrum-Herrera to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
36

TRANSCRIPT of Proceedings re: CONFERENCE held on 9/15/2017 before Judge Alison J. Nathan. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/8/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/16/2018.(McGuirk, Kelly) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
37

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/15/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
38

NOTICE of Unopposed Motion For An Enlargement of Time To File Defendants' Answer To Plaintiffs' First Amended Federal Complaint. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company. (Attachments: # 1 Unopposed Motion of Enlargement of Time to File Defendants' Answer to Plaintiffs' First Amended Federal Complaint, # 2 Exhibit Defendants' Answer to Plaintiffs' First Amended Federal Complaint)(Shaulson, Sam) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
39

MEMO ENDORSEMENT on re: 38 Notice of Unopposed Motion for an Enlargement of Time to File Defendants' Answer and Defenses to Plaintiffs' First Amended Federal Complaint filed by MSGN Holdings, L.P., The Madison Square Garden Company. ENDORSEMENT: The Court GRANTS Defendants' unopposed motion and hereby accepts the untimely filing of Defendants' Answer to the First Amended Federal Class Action Complaint per its discretion under Federal Rule of Civil Procedure 6(b)(1)(B). (Signed by Judge Alison J. Nathan on 10/31/2017) (mro) (Entered: 11/01/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
40

ANSWER to 13 Amended Complaint. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company.(Shaulson, Sam) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
41

STIPULATION AND ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material... Nothing in this Order affects the parties' obligation to comply with Rule 4.A of the Court's Individual Practices in Civil Cases governing redactions and filing under seal. (Signed by Judge Alison J. Nathan on 12/20/2017) (mml) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
42

NOTICE OF APPEARANCE by Cheryl-Lyn Deon Bentley on behalf of Felipe Kelly, Clint Millien. (Bentley, Cheryl-Lyn) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
43

STATUS REPORT. re Mediation Discussion Document filed by Felipe Kelly, Clint Millien.(Miazad, Ossai) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
44

MEMO ENDORSEMENT on re: 43 Status Report filed by Felipe Kelly, Clint Millien. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 3/16/2018) (kgo) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
45

MOTION for Daniel Stromberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14845047. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Affidavit Affidavit of Daniel Stromberg, # 2 Certificate of Good Standing, # 3 Proposed Order)(Stromberg, Daniel) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 45 MOTION for Daniel Stromberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14845047. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

March 23, 2018

March 23, 2018

PACER
46

ORDER granting 45 Motion for Daniel Stromberg to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
47

STATUS REPORT. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company.(Evans, Paul) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
48

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). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Alison J. Nathan on 4/12/2018) (rj) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
49

LETTER MOTION for Discovery with Exhibits addressed to Magistrate Judge Sarah Netburn from Ossai Miazad dated April 16, 2018. Document filed by Felipe Kelly, Clint Millien.(Miazad, Ossai) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER

***DELETED DOCUMENT. Deleted document number 50 Order. The document was incorrectly filed in this case. (mml)

April 17, 2018

April 17, 2018

PACER
50

LETTER addressed to Magistrate Judge Sarah Netburn from Paul C. Evans dated April 19, 2018 re: Response to Letter Motion. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company.(Evans, Paul) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER

NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry B. Pitman. Please note that this is a reassignment of the designation only. (wb)

April 20, 2018

April 20, 2018

PACER

NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Henry B. Pitman, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Sarah Netburn no longer referred to the case. Motions referred to Henry B. Pitman. (wb)

April 20, 2018

April 20, 2018

PACER

Set/Reset Hearings: Discovery Hearing set for 5/18/2018 at 10:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc)

April 24, 2018

April 24, 2018

PACER
51

LETTER MOTION for Discovery re ESI addressed to Magistrate Judge Henry B. Pitman from Ossai Miazad dated May 9, 2018. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Miazad, Ossai) (Entered: 05/09/2018)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Exhibit D

View on RECAP

5 Exhibit E

View on RECAP

6 Exhibit F

View on RECAP

7 Exhibit G

View on RECAP

8 Exhibit H

View on RECAP

9 Exhibit I

View on RECAP

10 Exhibit J

View on RECAP

11 Exhibit K

View on RECAP

May 9, 2018

May 9, 2018

RECAP
52

STIPULATION AND PROPOSED ORDER EXTENDING THE DEADLINE FOR REQUESTS TO ADMIT: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties, that the deadline to serve Requests to Admit shall be continued until May 25, 2018 or a different date the Court so orders at the May 18, 2018 discovery hearing. (Signed by Magistrate Judge Henry B. Pitman on 5/14/2018) (ras) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
53

LETTER addressed to Magistrate Judge Henry B. Pitman from Paul C. Evans dated May 14, 2018 re: Plaintiffs' Discovery Deficiences. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Evans, Paul) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
54

LETTER addressed to Magistrate Judge Henry B. Pitman from Paul C. Evans dated May 14, 2018 re: Plaintiffs May 9, 2018 Letter. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Evans, Paul) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
55

LETTER addressed to Magistrate Judge Henry B. Pitman from Ossai Miazad dated May 15, 2018 re: Request for Extension of Discovery Schedule. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Exhibit A)(Miazad, Ossai) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
56

LETTER addressed to Magistrate Judge Henry B. Pitman from Ossai Miazad dated May 17, 2018 re: Response to ECF 53. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miazad, Ossai) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 5/18/2018. (ajc)

May 18, 2018

May 18, 2018

PACER
57

TRANSCRIPT of Proceedings re: Discovery Hearing held on 5/18/2018 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/14/2018. Redacted Transcript Deadline set for 6/25/2018. Release of Transcript Restriction set for 8/22/2018.(mhe) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
58

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 5/18/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(mhe) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
59

NOTICE OF CHANGE OF ADDRESS by Cristina Maria Schrum-Herrera on behalf of Felipe Kelly, Clint Millien. New Address: Outten & Golden LLP, One California Street, 12th Floor, Suite 1250, San Francisco, California, 94111, 4156388800. (Schrum-Herrera, Cristina) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
60

JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from Ossai Miazad dated June 8, 2018 re: Status of Discovery. Document filed by Felipe Kelly, Clint Millien.(Miazad, Ossai) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
61

LETTER MOTION for Conference re Motion to Quash and Protective Order addressed to Magistrate Judge Henry B. Pitman from Ossai Miazad dated June 14, 2018. Document filed by Felipe Kelly, Clint Millien. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Miazad, Ossai) (Entered: 06/14/2018)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

June 14, 2018

June 14, 2018

PACER
62

LETTER addressed to Magistrate Judge Henry B. Pitman from Paul C. Evans dated June 20, 2018 re: Plaintiff's June 14, 2018 Letter. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company.(Evans, Paul) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

RECAP

Case Stayed (ne)

June 21, 2018

June 21, 2018

PACER
63

ORDER: Unfortunately, scheduling limitations prevent me from meeting with counsel concerning plaintiff's letter dated June 14, 2018 until July 5, 2018 at 11:00 a.m. In order to preserve the status quo, defendants are directed to refrain from serving the subpoenas that are the subject of plaintiffs' June 14 Letter until the dispute can be resolved on the merits. It does not appear that delaying service of the subpoenas will result in any prejudice to defendants. (Signed by Magistrate Judge Henry B. Pitman on 6/20/2018) (ne) Modified on 6/21/2018 (ne). Modified on 6/21/2018 (ne). (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER

Set/Reset Deadlines as to 61 LETTER MOTION for Conference re Motion to Quash and Protective Order addressed to Magistrate Judge Henry B. Pitman from Ossai Miazad dated June 14, 2018. Motion Hearing set for 7/5/2018 at 11:00 AM before Magistrate Judge Henry B. Pitman. (ne)

June 21, 2018

June 21, 2018

PACER
64

LETTER addressed to Magistrate Judge Henry B. Pitman from Ossai Miazad dated June 21, 2018 re: Reply to Defendants' June 20, 2018 Letter in Response to Plaintiffs' June 14, 2018 Letter. Document filed by Felipe Kelly, Clint Millien.(Miazad, Ossai) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
65

NOTICE OF APPEARANCE by Nina Teresa Martinez on behalf of Felipe Kelly, Clint Millien. (Martinez, Nina) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
66

ORDER: Due to the Court's unavailability, the Status Conference previously scheduled for July 27, 2018 at 3:00 pm is hereby rescheduled to August 17, 2018 at 3:00 pm. (Case Management Conference set for 8/17/2018 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 6/26/2018) (cf) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
67

JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from Ossai Miazad dated June 29, 2018 re: Update on the Status of Discovery. Document filed by Felipe Kelly, Clint Millien.(Miazad, Ossai) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 7/5/2018. (ajc)

July 5, 2018

July 5, 2018

PACER
68

ORDER terminating 49 Letter Motion for Discovery; terminating 51 Letter Motion for Discovery; granting in part and denying in part 61 Letter Motion for Conference. The Clerk of the Court is respectfully requested to mark Docket Items 49, 51 and 61 closed. SO ORDERED. (As further set forth in this order) (Signed by Magistrate Judge Henry B. Pitman on 7/6/2018) (ne) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

RECAP

Set/Reset Deadlines: Expert depositions due by 12/26/2018. Fact Discovery due by 9/12/2018. (ne)

July 6, 2018

July 6, 2018

PACER
69

ORDER: Accordingly, the case management conference previously scheduled for August 17, 2018, is hereby adjourned to November 9, 2018, at 3:15 P.M. (As further set forth in this Order.) (Case Management Conference set for 11/9/2018 at 03:15 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 7/9/2018) (cf) Modified on 9/19/2018 (cf). (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
70

TRANSCRIPT of Proceedings re: Discovery Hearing held on 7/5/2018 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/10/2018.(rro) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
71

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 7/5/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
72

LETTER MOTION to Stay addressed to Magistrate Judge Henry B. Pitman from Paul C. Evans dated August 14, 2018. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company.(Evans, Paul) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
73

ORDER granting 72 Letter Motion to Stay. ALL PROCEEDINGS IN THIS MATTER ARE STAYED PENDING FURTHER ORDER OF THE COURT. COUNSEL ARE TO PROVIDE STATUS REPORT NO LATER THAN 10/12/18. THE COURT IS AVAILABLE TO CONDUCT A SETTLEMENT CONFERENCE IF COUNSEL BELIEVE IT WOULD BE HELPFUL. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 8/15/2018) (ne) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER

Case Stayed (ne)

Aug. 15, 2018

Aug. 15, 2018

PACER
74

STATUS REPORT. Document filed by MSGN Holdings, L.P., The Madison Square Garden Company.(Shaulson, Sam) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
75

MEMO ENDORSEMENT on re: 74 Status Report filed by MSGN Holdings, L.P., The Madison Square Garden Company. ENDORSEMENT: THE STAY OF THE PROCEEDINGS IS CONTINUED. COUNSEL ARE TO PROVIDE AN UPDATED STATUS REPORT NO LATER THAN 11-12-18. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 10/15/2018) (ne) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
76

JOINT LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Ossai Miazad dated November 6, 2018. Document filed by Felipe Kelly, Clint Millien.(Miazad, Ossai) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 26, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

FCRA class of individuals who were denied employment with MSG based on the content of his/her Background Check Report from April 26, 2015 through the date of Preliminary Approval of the Settlement and NYC class of individuals who applied for employment with MSG in New York City, New York and who were denied employment based on MSG’s determination that they failed to fully or accurately disclose their criminal conviction history from May 8, 2014 through date of Preliminary Approval of Settlement

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The Madison Square Garden Company, Private Entity/Person

MSGN Holdings, L.P., Private Entity/Person

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,250,000

Order Duration: 2020 - 2022

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Required disclosure

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Records Disclosure

Discrimination-area:

Hiring

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic