Opinion
Case No. C- 05-1298 PJH
10-03-2011
RENEE FASSBENDER AMOCHAEV, DEBORAH ORLANDO, KATHRYN N. VARNER and IVY SO, on behalf of themselves and all others similarly situated, Plaintiffs, v. CITIGROUP GLOBAL MARKETS, INC., d/b/a SMITH BARNEY, Defendant.
Kelly M. Dermody Heather H. Wong LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Attorneys for Plaintiffs and the Proposed Class [Additional Counsel listed on Signature Page] Mark Dichter ( pro hac vice ) MORGAN LEWIS & BOCKIUS LLP Attorneys for Defendant Morgan Stanley Smith Barney [Additional Counsel listed on Signature Page]
Kelly M. Dermody
Heather H. Wong
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP
Attorneys for Plaintiffs and the Proposed Class
[Additional Counsel listed on Signature Page]
Mark Dichter (pro hac vice)
MORGAN LEWIS & BOCKIUS LLP
Attorneys for Defendant Morgan Stanley Smith Barney
[Additional Counsel listed on Signature Page]
CLASS ACTION
STIPULATION AND ORDER
TRANSFERRING CASE TO THE
DISTRICT OF THE DISTRICT OF
COLUMBIA
WHEREAS, the Court entered the final order and judgment in this gender discrimination class action on August 13, 2008, but retained continuing jurisdiction over the settlement;
WHEREAS, on January 13, 2009, Morgan Stanley and Citigroup announced that they had reached agreement to combine Morgan Stanley's Global Wealth Management Group and Citigroup's Smith Barney group (which employed the Financial Advisor class members in this case);
WHEREAS, prior to the merger, Morgan Stanley had previously entered into a settlement of a separately-pending gender discrimination class action on behalf of its female Financial Advisors, Augst-Johnson, et al v. Morgan Stanley & Co, Incorporated, Case No. 1:06-CV-01142 (RWR) (D.D.C.);
WHEREAS, since the merger, the parties in this case and Augst-Johnson worked diligently to enter into a Consolidated Settlement Agreement combining the material terms negotiated in both cases;
WHEREAS, the parties executed a Consolidated Settlement Agreement in late May, 2011;
WHEREAS, in early June, 2011, counsel in this case alerted the Court to the merger, the Consolidated Settlement Agreement, and the need to locate the Consolidated Agreement combining both settlements under one judge;
WHEREAS, the Augst-Johnson was settled first and Morgan Stanley represents the superior shareholder in the merged companies, the parties have proposed that the District of Columbia be the venue for the Consolidated Settlement to proceed; and
WHEREAS, having discussed this matter with this Court and thereafter providing the same information to Judge Richard W. Roberts, the presiding judge in Augst-Johnson, Judge Roberts advised the parties in Augst-Johnson by Minute Order dated September 19, 2011, "This Court is prepared to move forward with a transferred and consolidated related case....";
IT IS HEREBY STIPULATED, by and between the parties through their respective counsel of record, that the parties respectfully propose that the Court transfer the file in this case to the District of Columbia for consolidation with the Augst-Johnson case so that the Consolidated Settlement Agreement may be considered, and with continuing jurisdiction to remain over the settlement in the District of Columbia.
SO STIPULATED.
Respectfully submitted,
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
By: ____________
Kelly M. Dermody
Kelly M. Dermody
Heather H. Wong
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
Adam T. Klein (Pro Hac Vice)
OUTTEN & GOLDEN LLP
Cyrus Mehri (Pro Hac Vice)
MEHRI & SKALET, PLLC
Plaintiffs' Class Counsel
MORGAN LEWIS & BOCKIUS LLP
By: ____________
Mark Dichter
Mark Dichter (pro hac vice)
MORGAN LEWIS & BOCKIUS LLP
Attorneys for Defendant Morgan Stanley Smith Barney
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. The Clerk's Office is hereby directed to transfer the file in this case to the U.S. District Court for the District of Columbia for consideration of relation to Augst-Johnson, et al v. Morgan Stanley & Co, Incorporated, Case No. 1:06-CV-01142 (RWR) (D.D.C.).
The Honorable Phyllis J. Hamilton
United States District Judge