Case: EEOC v. UBS BRINSON INC

1:02-cv-03748 | U.S. District Court for the Southern District of New York

Filed Date: May 16, 2002

Closed Date: Jan. 29, 2004

Clearinghouse coding in progress

Case Summary

The New York District Office of the EEOC brought this suit against UBS Brinson, Inc. and UBS AG in the U.S. District Court for the Southern District of New York in May 2002. The complaint alleged that the defendants, institutional asset managers, violated the Age Discrimination in Employment Act (ADEA) when they required employees who would become redundant after a merger to sign releases giving up their right to sue under the ADEA. The defendants filed a motion to dismiss for failure to state a claim, which was granted in January 2003. The EEOC appealed the district court's decision, but it withdrew the appeal in November 2003. This case was related to a private suit, 1:02-cv-03745 (S.D.N.Y. May 16, 2002).

Summary Authors

Justin Kanter (8/6/2008)

Documents in the Clearinghouse

Document

1:02-cv-03745

Docket

EEOC v. UBS Brinson Inc, et al

Jan. 29, 2004

Jan. 29, 2004

Docket

1:02-cv-03748

03-cv-06078

Docket [Court of Appeals]

EEOC v. UBS Brinson Inc

U. S. Court of Appeals for the Second Circuit

March 15, 2006

March 15, 2006

Docket

1:02-cv-03748

Complaint

EEOC v. UBS Brinson Inc

May 16, 2002

May 16, 2002

Complaint

1:02-cv-03748

1:02-cv-03745

Decision and Order [Granting Defendants' Motion to Dismiss]

EEOC v. UBS Brinson Inc, et al

2003 WL 133235, 2003 U.S.Dist.LEXIS 570

Jan. 15, 2003

Jan. 15, 2003

Order/Opinion

Resources

Docket

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (jol) (Entered: 05/17/2002)

May 16, 2002

May 16, 2002

CASE REFERRED TO Judge Richard M. Berman as possibly similar 1:02cv3745. (jol) (Entered: 05/17/2002)

May 16, 2002

May 16, 2002

2

Notice of Case Assignment to Judge Richard M. Berman . Copy of notice and judge's rules mailed to Attorney(s) of record: Michael J. O'Brien . (rmo) (Entered: 06/04/2002)

May 31, 2002

May 31, 2002

Magistrate Judge Theodore H. Katz is so designated. (rmo) (Entered: 06/04/2002)

May 31, 2002

May 31, 2002

Case accepted as related to 02cv3745. Notice of assignment to follow. (rmo) (Entered: 06/04/2002)

May 31, 2002

May 31, 2002

4

Case Management Plan: 1 combined: moving by 7/26/02; opposing by 9/20/02; reply by 10/21/02; 30 pages for motion & response; normal page limits for reply - see rules (double space 7 normal margins). ( signed by Judge Richard M. Berman ); Copies mailed. (kw) (Entered: 06/28/2002)

June 26, 2002

June 26, 2002

NOTICE OF MOTION (filed on service date) by UBS Brinson, Inc., UBS AG for an Order dismissing 02cv3745 and 02cv3748 purs. to FRCP 12(b)(6) . No Return Date. Affidavit of Kevin B. Leblang attached. Original document # 5 filed in 02cv3745. (sb) (Entered: 07/30/2002)

July 26, 2002

July 26, 2002

MEMORANDUM OF LAW by UBS Brinson, Inc., UBS AG in support of [0-1] motion for an Order dismissing 02cv3745 and 02cv3748 purs. to FRCP 12(b)(6). Original document # 6 filed in 02cv3745. (sb) (Entered: 07/30/2002)

July 26, 2002

July 26, 2002

5

RULE 1.9 CERTIFICATE filed by UBS Brinson, Inc., UBS AG . (pl) (Entered: 07/30/2002)

July 26, 2002

July 26, 2002

6

Amended CERTIFICATE OF SERVICE of Memorandum of Lawl in support of their motion to dismiss, notice of motion with affidavit of Kevin B. Leblang and Statement purs to Local Rule 1.9 as to Equal Employment by hand and mail on 7/26/02. (djc) (Entered: 08/06/2002)

July 30, 2002

July 30, 2002

MEMORANDUM OF LAW by Equal Employment in opposition to [0-1] motion for an Order dismissing 02cv3745 and 02cv3748 purs. to FRCP 12(b)(6) . Original document filed in case #02cv2745, document #7. (dle) (Entered: 09/27/2002)

Sept. 20, 2002

Sept. 20, 2002

AFFIDAVIT of Michael J. O'Brien by Equal Employment in opposition to [0-1] motion for an Order dismissing 02cv3745 and 02cv3748 purs. to FRCP 12(b)(6) . Original document filed in case #02cv3745, document #8. (dle) (Entered: 10/03/2002)

Sept. 20, 2002

Sept. 20, 2002

REPLY MEMORANDUM by UBS Brinson, Inc., UBS AG in support re: [0-1] motion for an Order dismissing 02cv3745 and 02cv3748 purs. to FRCP 12(b)(6). Original document filed in 02cv3745, Doc # 9. (db) Modified on 11/01/2002 (Entered: 11/01/2002)

Oct. 21, 2002

Oct. 21, 2002

7

NOTICE of Change of Address by Equal Employment . (sac) (Entered: 11/20/2002)

Nov. 18, 2002

Nov. 18, 2002

DECISION & ORDER; granting defendants motion for an Order dismissing 02cv3745 and 02cv3748 purs. to FRCP 12(b)(6) , plaintiffs determine that a basis exists for repleading, they are directed to file a motion and proposed amended complaint on or before 2/4/03. If a motion is not filed as of 2/4/03, the Clerk of Court is respectfully requests to close this case . ( signed by Judge Richard M. Berman ); orig. document docketed in 02cv3745 as document #10 (pl) Modified on 02/24/2003 (Entered: 01/21/2003)

Jan. 15, 2003

Jan. 15, 2003

Case closed. (pl) (Entered: 02/24/2003)

Jan. 15, 2003

Jan. 15, 2003

Notice of appeal and certified copy of docket to USCA: [8-1] appeal by Equal Employment; Copy of notice of appeal sent to District Judge. (pr) (Entered: 04/14/2003)

April 11, 2003

April 11, 2003

USCA Case Number Re: [8-1] appeal by Equal Employment USCA NUMBER: 03-6078. (dt) (Entered: 05/06/2003)

May 6, 2003

May 6, 2003

9

Text not available. (Entered: 05/12/2003)

May 12, 2003

May 12, 2003

10

True Copy of Order from the USCA RE: [8-1] appeal by Equal Employment Parties stipulate that the appeal is withdrawn from active consideration, witout prejudice to reactivation by 2/2/04 as indicated. CERTIFIED 11/13/03, 03-6078. MACKECHNIE, CLERK, USCA. (pr) (Entered: 11/18/2003)

Nov. 18, 2003

Nov. 18, 2003

11

MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to [8] Notice of Appeal filed by Equal Employment Opportunity Commission USCA Case Number 03-6078....The undersigned counssel for the parties heereby stipulate that the above-captioned appeal is hereby WITHDRAWN without costs and without attorneys' fees pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Roseann B. Mackechnie, Clerk USCA. Certified: 1/26/04. (dt, ) (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 16, 2002

Closing Date: Jan. 29, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

UBS Brinson, Inc., Private Entity/Person

Case Details

Causes of Action:

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: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

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

Pay / Benefits

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits