Dickerson v. Novartis Corp.

315 F.R.D. 18, 2016 WL 1611504, 2016 U.S. Dist. LEXIS 53566
CourtDistrict Court, S.D. New York
DecidedApril 21, 2016
Docket1:15-cv-1980-GHW
StatusPublished
Cited by47 cases

This text of 315 F.R.D. 18 (Dickerson v. Novartis Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dickerson v. Novartis Corp., 315 F.R.D. 18, 2016 WL 1611504, 2016 U.S. Dist. LEXIS 53566 (S.D.N.Y. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

GREGORY H. WOODS, United States District Judge

I. INTRODUCTION

Plaintiff Elyse Dickerson, a former marketing director for defendant Alcon Laboratories, Inc. (“Alcon”), alleges that her employer failed to compensate, promote, and provide the same opportunities to her as it did to similarly situated male employees simply because of her gender. She alleges that after she complained of the discriminatory treatment, her employer initiated a retaliatory investigation in an effort to concoct a [23]*23reason to terminate her employment, terminated her while she was on medical leave, and then defamed her in news publications after she filed the present suit. In the same complaint, several other named plaintiffs bring class and collective action claims alleging that Defendants engaged in gender-based pay discrimination. Ms. Dickerson is not a class or collective action representative.

Defendants seek to sever Ms. Dickerson’s individual claims from the class and collective action claims, and to transfer her claims to the Northern District of Texas — where she resides, was employed, complained of discrimination, filed her EEOC charge, and was terminated. For the reasons outlined below, Defendants’ motion is GRANTED.

II. BACKGROUND1

Ms. Dickerson, a resident of Fort Worth, Texas, worked for Alcon from March 2002 until her employment was terminated on January 2, 2015. Am. Compl. ¶ 8, Dkt. No. 44. Throughout her employment, Ms. Dickerson lived and worked in Fort Worth, where Alcon is also headquartered and maintains its principal place of business. Pechal Deck ¶¶ 4, 8, Dkt. No. 65. Alcon has operated as a wholly-owned subsidiary of defendant Novartis Corporation (“Novartis”), a New York corporation, since an April 2011 merger. Am. Compl. ¶¶ 22-23.

From January 2010 until her termination, Ms. Dickerson was the Global Marketing Director for Alcon, managing one of the largest product portfolios for the company. Am. Compl. ¶¶ 27-28. Indeed, Ms. Dickerson alleges that in 2014, she directly oversaw ten major brands with net sales of $1.7 billion, which represented more than 15% of Aleon’s business. Id ¶ 28. At the time that Ms. Dickerson became Global Marketing Director, she was the first and only female Global Market Director at Alcon. Id ¶ 34.

In spite of her distinguished performance and accomplishments at Alcon, Ms. Dickerson alleges that she was subjected to gender-based pay discrimination and disparate treatment during her employment. See id. ¶30. Specifically, she alleges that she was compensated at a lower rate than similarly situated male employees — for example, her salary was lower than any male marketing director in 2011 — and that she was denied career-enhancing opportunities, such as overseas assignments, that similarly situated male employees received. Id ¶¶ 31-39. Ms. Dickerson also alleges that she was denied promotions and compensation increases, despite commensurate increases in her responsibilities, and given lower performance ratings than male employees because the male evaluators did not “see the leader” in Ms. Dickerson. Id ¶¶ 36-37, 42.

Ms. Dickerson became a vocal opponent of what she viewed as her employer’s discriminatory practices, and complained repeatedly of discriminatory treatment. Id. ¶¶ 4(M4. In response to her outspoken criticism, she alleges, her employer gave her negative performance ratings, froze her salary, failed to award her hundreds of thousands of dollars in long-term incentive compensation, and declined to consider her for new job assignments. Id ¶45. Thereafter, on August 12, 2014, Ms. Dickerson filed a charge of discrimination with the Texas Workforce Commission’s Civil Rights Division and the Dallas District Office for the United States Equal Employment Opportunity Commission. Id. ¶ 46; Charge of Discrimination, Dkt. 69-4.

In response to her filing the EEOC charge, Ms. Dickerson alleges that her employer launched a retaliatory “sham investigation,” in an effort to contrive a reason to terminate her employment. Am. Compl. ¶ 47. On January 2, 2015, five months after she filed the EEOC charge and while she was on medical leave, Ms. Dickerson alleges that she was terminated in retaliation for her complaints of gender discrimination. Id. ¶ 50. Ms. Dickerson also alleges that a majority of her employee stock grants, worth more than [24]*24$750,000, were scheduled to vest in just over two weeks from the date of her termination. Id.

On March 17, 2015, the present suit was filed. In the complaint, Ms. Dickerson brought individual claims alleging pay discrimination, unlawful discharge, and retaliation under Title VII, 42 U.S.C. §§ 2000e, et seq. In addition, Ms. Dickerson’s former coworker, Dr. Susan Orr, brought individual claims under Title VII, as well as individual and collective action claims under the Equal Pay Act, 29 U.S.C. §§ 206 et seq. “(EPA”). Ms. Dickerson was not seeking to serve as a collective action representative in the complaint.

During the course of the next year, the parties primarily engaged in private settlement discussions and mediation. The Court had little involvement with the case during that time, aside from granting the parties’ repeated requests for extensions of time to file an amended complaint and to adjourn any initial pretrial conference. See, e.g., Dkt. Nos. 20, 24, 29,31.

An amended complaint was filed on December 28, 2015. In addition to the previously asserted EPA collective action claims, the amended complaint includes class action allegations for Title VII claims of discrimination in pay, promotion, and assignments, and also adds a number of named plaintiffs as class and/or collective action representatives. Ms. Dickerson is not a class or collective action representative, but maintains her individual claims in the same suit. In addition to the previously asserted claims, Ms. Dickerson added individual claims for violations of the EPA and the Family and Medical Leave Act (“FMLA”). Moreover, Ms. Dickerson alleges that subsequent to her bringing suit, Alcon and Novartis made defamatory statements regarding the circumstances of her termination — for example, by stating that she was terminated for serious violations of internal policies, which she contends was pretext for retaliation. Am. Compl. ¶¶ 51-61. Those statements were published in a number of news publications, including the Wall Street Journal and Fort Worth Star-Telegram. Id. ¶¶ 53, 55. Accordingly, Ms. Dickerson includes several claims for defamation, slander, libel, and defamation per se in the amended complaint.

In conjunction with the filing of the amended complaint, Plaintiffs filed a motion for preliminary approval of settlement of the class and collective action claims. Dkt. 36. The parties thereafter informed the Court that, although they were able to reach agreement on the terms of a settlement for the proposed class and collective action claims, they were not able to reach agreement with respect to Ms. Dickerson’s individual claims. Dkt. No. 39. Accordingly, the parties submitted a proposed case management plan and scheduling order, proposing a discovery schedule for what the parties described as “the continuing claims” of Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
315 F.R.D. 18, 2016 WL 1611504, 2016 U.S. Dist. LEXIS 53566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickerson-v-novartis-corp-nysd-2016.