Goodman et al v. Merrill Lynch & Co., Inc. et al
Jaime Goodman |
Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith and Bank of America Corporation |
1:2009cv05841 |
June 25, 2009 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Shira A. Scheindlin |
Plaintiff |
42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
Plaintiff |
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Filing 29 OPINION AND ORDER: For the reasons set forth in this Opinion and Order, defendants' motion is granted and plaintiff's claims challenging the ATP are dismissed with leave to replead. While plaintiff is granted leave to replead, the Court vi ews with great skepticism plaintiff's ability to sufficiently allege that the ATP was adopted to intentionally discriminate against female FA's. Therefore, before repleading, plaintiff should carefully consider whether she can allege additi onal facts that would make her claims plausible rather than possible, keeping in mind the requirements of - and the sanctions authorized by - Rule 11. If plaintiff decides to file a Second Amended Complaint, it must be done within twenty (20) days of this Opinion and Order. The Clerk of the Court is directed to close this motion (docket #22). (Signed by Judge Shira A. Scheindlin on 4/6/2010) (tro) |
Filing 28 ORDER: It is hereby ordered that Morgan Stanley is to produce to Plaintiff the client information sought by her subpoena including, but not limited to, the list of client accounts, identity of clients and the asset value and production associated with the accounts; It is further ordered that Morgan Stanley shall produce the documents identified herein within ten (10) days of service of Notice of Entry of this Order on Morgan Stanley. (Signed by Judge Shira A. Scheindlin on 4/2/2010) (jpo) |
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