Messinger v. JPMorgan Chase Bank, N.A.

126 F. Supp. 3d 376, 2015 WL 5091080
CourtDistrict Court, S.D. New York
DecidedAugust 28, 2015
DocketNo. 1:13-cv-2444-GHW
StatusPublished
Cited by6 cases

This text of 126 F. Supp. 3d 376 (Messinger v. JPMorgan Chase Bank, N.A.) 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
Messinger v. JPMorgan Chase Bank, N.A., 126 F. Supp. 3d 376, 2015 WL 5091080 (S.D.N.Y. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

GREGORY H. WOODS, District Judge:

Plaintiff Benjamin Messinger, through counsel, brought this diversity action against Defendant JPMorgan Chase Bank, N.A. (“Chase”), alleging that Chase discriminated against him based on his age and retaliated against him for complaining of age discrimination, in violation of the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law § 290 et seq. Chase now moves for summary judgment pursuant to Federal Rule of Civil Procedure 56. For the following reasons, Chase’s motion is granted.

I. Background1

Messinger was a Consumer Banking Personal Banker at Chase’s Cedarhurst, New York branch (the “Cedarhurst branch”) from May 4, 2009 to August 1, [379]*3792012. Dkt. No. 66 (Declaration of Walker G. Hannan, Jr.) (“Harman Deck”), Ex. B (Messinger Deposition Transcript) (“Mes-singer Dep.”) at 25-26. At the end of his tenure with Chase, Messinger was 52 years old. Harman Deck, Ex. A (Messing-er Affidavit) (“Messinger Affi”) at ¶ 1. All of the other bankers at the Cedarhurst branch were in their late 20’s or early 30’s. Id. ¶ 32.

Beginning on February 15, 2012, Lonny Rothman was the Branch Manager of the Cedarhurst branch and Messing-er’s direct supervisor. Harman Deck, Ex. C (Rothman Deposition Transcript) (“Rothman Dep.”) at 92-93. According to Messinger, Rothman treated the younger Personal Bankers at the branch more favorably than Messinger. Specifically, Mes-singer asserts that Rothman (1) wrongfully denied him product value credits (“PVCs”), a form of commission earned for facilitating certain consumer transactions, “instead giving [PVCs] to younger Personal Bankers,” Messinger Aff. at ¶ 15; (2) favored younger Personal Bankers when he “ignored their lateness and other violations of company policy, frequently gave them valuable referrals, and kept them advised of scheduled events about which he did not inform [Messing-er],” id. ¶ 12; (3) “interrupted a conversation between a customer and [Messinger] in order to divert the customer to a younger employee” on “multiple occasions,” id. ¶ 13; (4) “regularly omitted [Messinger] from the exchange of information at the Cedarhurst branch,” id.-, and (5) told Evan Lefkowitz, a Business Banker at the Cedarhurst Branch, “not to provide [Messinger] with any information related to branch business,” id. ¶ 16. In April and May of 2012, Messinger separately complained about Rothman’s alleged favorable treatment of younger bankers to Rothman, to Assistant Branch Manager Camilla Cox, and to District Manager Georgio Muia. Id. ¶¶ 18-19, 21, 23.2

With respect to the circumstances leading to Messinger’s termination, from 2006 through 2012, Chase held an annual customer promotion as part of its sponsorship of the U.S. Open tennis tournament. Dkt. No. 59 (Declaration of Aphrodite M. Car-lucci) (“Carlucei Deck”) at ¶ 3. Under the promotion, Chase Consumer Banking customers who made qualifying deposits in savings or checking accounts received a pair of tickets to the U.S. Open. Id. Customers were limited to one pair of tickets per household, and Chase employees were not eligible to participate. Id. ¶¶ 4-5. Before the customer enrollment period began [380]*380each year, Chase distributed to branch employees promotional documents disclosing the eligibility rules for the U.S. Open promotion. Id. ¶ 6.3 These documents stated that Chase employees and their family members were ineligible to participate in the U.S. Open promotion, and that tickets were limited to one pair per household. Carlucci Decl., Exs. A-B.

Chase’s Consumer Banking Marketing Department generated a spreadsheet of all Chase customers who made qualifying deposits for the U.S. Open promotion in order to determine whether more than one customer per household had enrolled, in violation of the eligibility rules. Carlucci Decl. at ¶ 8. In July 2012, Aphrodite Car-lucci, a Chase Marketing Senior Manager, reviewed the spreadsheet and observed that both Messinger and his spouse, Galit Feinstein Messinger, were enrolled in the 2012 U.S. Open promotion with the same home address. Id. ¶ 10. Carlucci recognized Messinger’s name as potentially referring to a Chase employee because Mes-singer had previously contacted her for assistance in enrolling a customer in the U.S. Open promotion. Id. ¶ 11. Carlucci also noticed from the spreadsheet that Lefkowitz had enrolled Messinger and his spouse in the promotion. Id. ¶ 12. The Marketing Department later determined that Messinger and his spouse had also enrolled in the 2011 U.S. Open promotion, but that the Department had failed to detect this fact at the time. Id. ¶ 15. Personal Banker Dovid Cohen had enrolled Messinger and his spouse in the 2011 U.S. Open promotion. Rothman Dep. at 158-59. Messinger was the only Chase employee who the Marketing Department identified as enrolled in the 2011 or 2012 U.S. Open promotions. Carlucci Deck at ¶ 16.

On or about July 12, 2012, Carlucci informed Rothman that Lefkowitz had enrolled Messinger and his spouse in the 2012 U.S. Open promotion, and that employee enrollment in the promotion violated Chase’s Code of Conduct. Id. ¶ 13. Rothman subsequently contacted Chase’s Human Resources Department, which directed him to Chase’s Global Security and Investigations Department (“GSI”). Dkt. No. 58 (Rothman Declaration) (“Rothman Deck”), Ex. 5. GSI conducted an investigation. Dkt. No. 60 (Declaration of Walter Mann) (“Mann Deck”), Ex. 1. Based on his review of bank records, assigned GSI investigator Walter Mann determined that, on June 1, 2012, Messinger had deposited $25,000 into both his solely-owned Chase savings account and into a Chase savings account that he jointly owned with his spouse. Id. Mann further determined that Messinger had participated in the 2011 U.S.' Open promotion. Id.

On July 26, 2012, Mann interviewed Lef-kowitz, Messinger, and the other Personal Bankers in the Cedarhurst branch — Dovid Cohen, Elana Rose, and Scott Stone. Id. Lefkowitz stated that Messinger and his spouse had approached him on June 1, 2012 and requested that he enroll them in the U.S. Open promotion, and that Mes-singer had assured him that Chase employees and their family members were eligible for the promotion. Id. Lefkowitz confirmed that he then enrolled Messinger and his spouse in the promotion after they made qualifying deposits. Id. In his interview, Messinger admitted that he had enrolled in both the 2011 and 2012 U.S. Open promotions, and stated that he was un[381]*381aware of the rule that Chase employees and their family members were ineligible for the promotion. Id.4 Messinger later testified that he was unaware of this rule because he never reviewed either the 2011 or 2012 promotional documents for the U.S. Open promotion. Messinger Dep. at 261, 266-67, 273-76. Messinger’s conduct nonetheless violated Chase’s marketing promotion policies, see Rothman Decl., Ex. 2 at 3 (“Employees are eligible for [promotions] unless the offer indicates that employees are excluded.”), as well as Chase’s Code of Conduct, see Rothman Decl., Ex.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
126 F. Supp. 3d 376, 2015 WL 5091080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/messinger-v-jpmorgan-chase-bank-na-nysd-2015.