Amochaev v. Citigroup Global Markets Inc.

• Court: District Court, District of Columbia
• Decided: October 3, 2011
• Docket: Civil Action No. 2011-1785
• Status: Published

Opinion

1 Kelly M. Dermody (State Bar No. 171716) Heather H. Wong (State Bar No. 238546) 2 LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 3 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 4 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 5 kdermody@lchb.com 6 Attorneys for Plaintiffs and the Proposed Class [Additional Counsel listed on Signature Page] 7 Mark Dichter (pro hac vice) 8 MORGAN LEWIS & BOCKIUS LLP 1701 Market Street 9 Philadelphia, PA 19103-2921 Telephone: 215.963.5000 10 Facsimile: 215.963.5001 mdichter@morganlewis.com 11 Attorneys for Defendant Morgan Stanley Smith Barney 12 [Additional Counsel listed on Signature Page] 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15

16 RENEE FASSBENDER AMOCHAEV, Case No. C- 05-1298 PJH 17 DEBORAH ORLANDO, KATHRYN N. VARNER and IVY SO, on behalf of CLASS ACTION 18 themselves and all others similarly situated, STIPULATION AND ORDER 19 Plaintiffs, TRANSFERRING CASE TO THE DISTRICT OF THE DISTRICT OF 20 v. COLUMBIA 21 CITIGROUP GLOBAL MARKETS, INC., d/b/a SMITH BARNEY, 22 Defendant. 23

STIPULATION AND ORDER 939243.1 CASE NO. C- 05-1298 PJH 1 WHEREAS, the Court entered the final order and judgment in this gender 2 discrimination class action on August 13, 2008, but retained continuing jurisdiction over the 3 settlement; 4 WHEREAS, on January 13, 2009, Morgan Stanley and Citigroup announced that 5 they had reached agreement to combine Morgan Stanley’s Global Wealth Management Group 6 and Citigroup’s Smith Barney group (which employed the Financial Advisor class members in 7 this case); 8 WHEREAS, prior to the merger, Morgan Stanley had previously entered into a 9 settlement of a separately-pending gender discrimination class action on behalf of its female 10 Financial Advisors, Augst-Johnson, et al v. Morgan Stanley & Co, Incorporated, Case No. 1:06- 11 CV-01142 (RWR) (D.D.C.); 12 WHEREAS, since the merger, the parties in this case and Augst-Johnson worked 13 diligently to enter into a Consolidated Settlement Agreement combining the material terms 14 negotiated in both cases; 15 WHEREAS, the parties executed a Consolidated Settlement Agreement in late 16 May, 2011; 17 WHEREAS, in early June, 2011, counsel in this case alerted the Court to the 18 merger, the Consolidated Settlement Agreement, and the need to locate the Consolidated 19 Agreement combining both settlements under one judge; 20 WHEREAS, the Augst-Johnson was settled first and Morgan Stanley represents 21 the superior shareholder in the merged companies, the parties have proposed that the District of 22 Columbia be the venue for the Consolidated Settlement to proceed; and 23 WHEREAS, having discussed this matter with this Court and thereafter providing 24 the same information to Judge Richard W. Roberts, the presiding judge in Augst-Johnson, Judge 25 Roberts advised the parties in Augst-Johnson by Minute Order dated September 19, 2011, "This 26 Court is prepared to move forward with a transferred and consolidated related case...."; 27

STIPULATION AND ORDER 939243.1 -1- CASE NO. C- 05-1298 PJH 1 IT IS HEREBY STIPULATED, by and between the parties through their 2 respective counsel of record, that the parties respectfully propose that the Court transfer the file in 3 this case to the District of Columbia for consolidation with the Augst-Johnson case so that the 4 Consolidated Settlement Agreement may be considered, and with continuing jurisdiction to 5 remain over the settlement in the District of Columbia. 6 SO STIPULATED. 7 Dated: September 30, 2011 Respectfully submitted, 8 LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 9

10 By: /s/ Kelly M. Dermody 11 Kelly M. Dermody 12 Kelly M. Dermody (State Bar No. 171716) Heather H. Wong (State Bar No. 238546) 13 LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Embarcadero Center West 14 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 15 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 16 Adam T. Klein (Pro Hac Vice) 17 OUTTEN & GOLDEN LLP 3 Park Avenue, 29th Floor 18 New York, New York 10016 Telephone: (212) 245-1000 19 Facsimile: (212) 977-4005 20 Cyrus Mehri (Pro Hac Vice) MEHRI & SKALET, PLLC 21 1250 Connecticut Ave, NW, Suite 300 Washington, DC 20036 22 Telephone: (202) 822-5100 Facsimile: (202) 822-4997 23 Plaintiffs’ Class Counsel 24

STIPULATION AND ORDER 939243.1 -2- CASE NO. C- 05-1298 PJH 1 DATED: September, 30, 2011 MORGAN LEWIS & BOCKIUS LLP 2 By: /s/ Mark Dichter 3 Mark Dichter 4 Mark Dichter (pro hac vice) MORGAN LEWIS & BOCKIUS LLP 5 1701 Market Street Philadelphia, PA 19103-2921 6 Telephone: 215.963.5000 Facsimile: 215.963.5001 7 Attorneys for Defendant Morgan Stanley Smith Barney 8

STIPULATION AND ORDER 939243.1 -3- CASE NO. C- 05-1298 PJH 1

2 ORDER

4 PURSUANT TO STIPULATION, IT IS SO ORDERED. The Clerk’s Office is

5 hereby directed to transfer the file in this case to the U.S. District Court for the District of

6 Columbia for consideration of relation to Augst-Johnson, et al v. Morgan Stanley & Co,

7 Incorporated, Case No. 1:06-CV-01142 (RWR) (D.D.C.).

9 S DISTRICT October 3 TE C 10 Dated: ___________________, 2011 TA The Honorable Phyllis J. Hamilton

O S United States District Judge

U ED

RT 11 D RDERE UNIT OO 12 IT IS S

R NIA 13 lton J. Hami NO

hyllis Judge P

FO 14 RT

LI 15 ER H

A N C F 16 D IS T IC T O R 17

STIPULATION AND ORDER 939243.1 -4- CASE NO. C- 05-1298 PJH