Rogers v. The Bank of New York Mellon Corporation et al
| Jacqueline Rogers |
| The Bank of New York Mellon Corporation, Darlane Hoffman, Phil Romm, David Klienman, Donald McCarthy, Charles Parker, Rosemary Lynch, Roseanne Bodnar and Laura Desiderio |
| 1:2009cv08551 |
| October 7, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Henry B. Pitman |
| Plaintiff |
| 28 U.S.C. ยง 1343 Violation of Civil Rights |
| Plaintiff |
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Filing
120
OPINION AND ORDER: For the reasons stated in the 8/15/16 Opinion and Order and my Opinion and Order dated September 19, 2017, plaintiff's complaint is dismissed its entirety. The Clerk of the Court is respectfully requested to mark this matter closed. (Signed by Magistrate Judge Henry B. Pitman on 11/20/2017) Copies Sent by Chambers. (mro)
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Filing
119
OPINION AND ORDER re: 105 MOTION for Reconsideration, filed by Rosemary Lynch, Darlane Hoffman, Roseanne Bodnar, Donald McCarthy, Charles Parker, The Bank of New York Mellon, David Klienman, Laura Desiderio, Phil Romm. Defen dants' motion for reconsideration (D.I. 105) is granted and, upon reconsideration, all of plaintiff's claims alleging race- and color-based pay discrimination against the Bank of New York Mellon and defendants Hoffman and Lynch are dismis sed. Defendants' motion to dismiss the Complaint in its entirety (D.I. 105) is granted, provided that, if plaintiff wishes to proceed with a claim of discrimination based on national origin, she may file an amended complaint that includes factual allegations sufficient to support such a claim within thirty days of this Opinion and Order, and as further set forth herein. (Signed by Magistrate Judge Henry B. Pitman on 9/19/2017) Copies mailed by chambers. (ras)
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Filing
95
REDACTED OPINION AND ORDER re: 74 MOTION for Summary Judgment . filed by Rosemary Lynch, Darlane Hoffman, Roseanne Bodnar, Donald McCarthy, Charles Parker, The Bank of New York Mellon, David Klienman, Laura Desiderio, Phil Ro mm. Accordingly, for all the foregoing reasons, defendants' motion for summary judgment (Docket Item 74) is granted in part and denied in part. Defendants' motion for summary judgment is granted as to the following claims: 1. hostile work environment based on race, sex and color in violation of Title VII, the NYSHRL and the NYCHRL; 2. violation of the Equal Pay Act; 3. disparate treatment based on race, sex and color in promotions and denial of career opportunities in violation of Ti tle VII, the NYSHRL and the NYCHRL; 4. retaliation in violation of Title VII, the NYSHRL and the NYCHRL; 5. Title VII claims brought against the individual defendants; and 6. pay discrimination under the NYSHRL and the NYCHRL against defendants McCar thy, Parker, Bodnar and Desiderio. Defendants' motion for summary judgment is denied as to plaintiff's claims of race-based and color-based pay discrimination 1. in violation of Title VII, the NYSHRL and the NYCHRL against the Bank of New Y ork Mellon; and 2. in violation of the NYSHRL and the NYCHRL against defendants Hoffman and Lynch. Because the parties have indicated that some of the facts discussed herein implicate confidentiality concerns (Docket Item 73), this opinion will rem ain under seal for a period of fourteen days so that either party may request and justify specific redactions for confidentiality. Any such requests must be supported by affidavits or declarations and memoranda of law. If I do not receive any request for redactions during the two week period the opinion will be unsealed. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 8/15/2016) Copies Sent By Chambers. (lmb)
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Filing
46
OPINION AND ORDER re: 40 MOTION for CRONIN & BYCZEK, LLP to Withdraw as Attorney of Record filed by Jacqueline Rogers, 42 MOTION for CRONIN & BYCZEK, LLP to Withdraw as Attorney of Record filed by Jacqueline Rogers. The Clerk of th e Court is directed to mark Docket Items 40 and 42 as closed. The Cronin Firm also seeks retaining and charging liens. Because (1) an attorney who is discharged for cause is not entitled to either a retaining or charging lien and (2) the parties have submitted conflicting evidence concerning the basis for the rift between Plaintiff and the Cronin Firm, in the absence of a stipulation between plaintiff and the Cronin Firm, it is necessary to conduct a hearing to determine whether the Cronin Firm has been terminated for cause. The hearing will be conducted on April 4, 2013 at 2:00 p.m. in Courtroom 18-A, United States Courthouse, 500 Pearl Street, New York, New York 10007. (Signed by Magistrate Judge Henry B. Pitman on 3/7/2013) Copies Mailed By Chambers. (ft) Modified on 3/7/2013 (ft).
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