Kassman v. KPMG LLP
Plaintiff: Donna Kassman
Defendant: KPMG LLP
Case Number: 1:2011cv03743
Filed: June 2, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Westchester
Presiding Judge: Richard J. Holwell
Nature of Suit: Employment
Cause of Action: 42 U.S.C. ยง 2000
Jury Demanded By: Plaintiff
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Date Filed Document Text
June 8, 2022 Opinion or Order Filing 1040 OPINION AND ORDER re: 1021 MOTION to Dismiss C. Anne Macedonio Verified Fact Sheet filed by KPMG LLP. For the reasons stated above, KPMG's motion to dismiss is granted. The Clerk of Court is respectfully requested to mail a copy of this Opinion and Order to Pro se Plaintiff and close the motion at Dkt. No. 1021. By June 22, 2022, Defendant shall file a letter regarding the status of settlement payments and whether the case can be closed. (Signed by Judge Lorna G. Schofield on 6/8/2022) (vfr)
August 23, 2021 Opinion or Order Filing 1016 ORDER: It is hereby ORDERED that, Defendant's motion to dismiss shall be briefed according to the following schedule, and all submissions shall be double-spaced: by September 13, 2021, Defendant shall file the motion to dismiss with a memora ndum of law not to exceed twenty-five (25) pages; by October 4, 2021, Plaintiff shall file her opposition, not to exceed twenty-five (25) pages; by October 14, 2021, Defendant shall file any reply in support of the motion, not to exceed ten (10) pages. (As further set forth in this Order.) ( Motions due by 9/13/2021., Responses due by 10/4/2021, Replies due by 10/14/2021.) (Signed by Judge Lorna G. Schofield on 8/23/2021) (cf)
July 20, 2021 Opinion or Order Filing 1012 ORDER granting 1007 Letter Motion to Seal. It is hereby ORDERED that, Defendants motion to seal is GRANTED. The unredacted version of the VFS at Docket No. 1006 will remain sealed. (As further set forth in this Order.) The Clerk of Court is respectfully directed to close the motion at Docket No. 1007. (Signed by Judge Lorna G. Schofield on 7/20/2021) (cf)
July 12, 2021 Opinion or Order Filing 1010 ORDER granting 1008 Motion to Seal. It is hereby ORDERED that, Defendants motion to seal is GRANTED. The Clerk of Court is respectfully directed to close the motion at Docket No. 1008. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/12/2021) (cf)
June 25, 2021 Opinion or Order Filing 1001 ORDER: WHEREAS, Anne Macedonio submitted the Notice of Pro Se Appearance and Consent to Electronic service, attached as Exhibits A and B. The Clerk of Court is respectfully directed to docket Exhibits A and B and to add Ms. Macedonio as a named Plaintiff., Anne C. Macedonio added. (Signed by Judge Lorna G. Schofield on 6/25/2021) (nb)
June 14, 2021 Opinion or Order Filing 996 ORDER granting 989 Letter Motion to Seal. It is hereby ORDERED that Defendant's motion to seal is GRANTED. The unredacted version of Exhibit A at Docket No. 991 will remain sealed, and only the parties and individuals identified in the att ached Appendix will have access. (As further set forth in this Order.) It is further ORDERED that, by June 17, 2021, Defendant shall serve a copy of this Order on pro se Plaintiff Anne Macedonio.The Clerk of Court is respectfully directed to close the motion at Docket No. 989. (Signed by Judge Lorna G. Schofield on 6/14/2021) (cf)
June 2, 2021 Opinion or Order Filing 986 ORDER: PURSUANT TO STIPULATION DKT. NO. 984 (THE "STIPULATION"), IT IS SO ORDERED THAT THE ACTIONS AND THE CLAIMS OF ALL NAMED PLAINTIFFS AND OF ALL FORMER OPT-IN PLAINTIFFS (AS DEFINED IN THE STIPULATION), EXCEPT ANNE MACEDONIO AND SHARD AE TARKINGTON, ARE DISMISSED WITH PREJUDICE, EACH PARTY TO BEAR ITS OWN ATTORNEYS FEES AND COSTS: By June 4, 2021, Defendant shall serve a copy of this Order on Plaintiffs Anne Macedonio and Shardae Tarkington, and by June 11, 2021, Defendant, in c onsultation with Ms. Macedonio and Ms. Tarkington, shall file a letter proposing next steps. Heather Inman, Nancy Jones, Donna Kassman (Individually and on behalf of a class of similarly-situated female employees), Jessica Lake, Carol Murray, Spar kle Patterson (individually and on behalf of a class of similarly situated female employees), Jeanette Potter (individually and on behalf of a class of similarly situated female employees), Elizabeth Satkoski, Ashwini Vasudeva (individually and on behalf of a class of similarly situated female employees), Tina Butler and Cheryl Charity terminated. (Signed by Judge Lorna G. Schofield on 6/2/2021) (cf)
April 12, 2021 Opinion or Order Filing 971 OPINION AND ORDER re: 966 MOTION for Settlement Agreement Approval - CORRECTED. filed by Sparkle Patterson, Nancy Jones, Ashwini Vasudeva, Jeanette Potter, Tina Butler, Donna Kassman, Cheryl Charity, Heather Inman, Carol Murra y. For the reasons stated above, the motion is granted and the Settlement Agreement is approved. Once the settlement fund has been disbursed, the parties are directed to provide a general accounting to the Court as to how the monies were spent, the range of recoveries and any other pertinent information. The parties shall provide a status letter to the Court every six months until the final accounting is provided. The Clerk of the Court is respectfully directed to close the motions at docket numbers 963 and 965. The parties shall file a proposed stipulation of dismissal with prejudice, pursuant to Rule 41(a)(1)(A)(ii). (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/12/2021) (cf)
October 21, 2020 Opinion or Order Filing 950 ORDER: granting 944 Motion to Seal. ORDERED that, Plaintiffs' motion to seal is GRANTED. The unredacted version of Exhibit A (Dkt. No. 946) will remain sealed, and only the parties and individuals identified in the attached appendix will have access. Although "[t]he common law right of public access to judicial documents is firmly rooted in our nation's history," this right is not absolute, and courts "must balance competing considerations against" the presumptio n of access. Lugosch v. Pyramid Co. of Omondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to th e sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). Filing the above-referenced document in redacted form is necessary to prevent the unauthorized dissemination of confidential business information.. (Signed by Judge Lorna G. Schofield on 10/21/2020) (ama)
October 16, 2020 Opinion or Order Filing 947 ORDER with respect to 944 Letter Motion to Seal: By October 20, 2020, Plaintiffs shall file any responsive letter in opposition to Defendant's request. (Signed by Judge Lorna G. Schofield on 10/16/2020) (jwh)
August 12, 2020 Opinion or Order Filing 931 ORDER: For the reasons discussed at the conference, it is hereby ORDERED that, for the reasons stated on the record, Plaintiffs' letter motion filed August 4, 2020, (Dkt. 929), which is construed as a motion to amend Verified Fact Sheets, is DENIED. It is further ORDERED that, by August 26, 2020, the parties shall meet and confer, and file a joint letter proposing appropriate next steps. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/12/2020) (cf)
July 30, 2020 Opinion or Order Filing 928 ORDER: It is hereby ORDERED that, by August 4, 2020, Plaintiffs shall file any letter motion to amend any Verified Fact Sheets ("VFSs"). Defendant shall file any letter response by August 11, 2020. It is further ORDERED that a conference will be held on August 12, 2020, at 2:00 p.m. to address Plaintiffs letter motion to amend. The conference will occur on the following conference line: (888) 363-4749, access code: 5583333. The time of the conference is approximate, but the partie s shall ensure that they are dialed into the conference line by the appointed conference time. It is further ORDERED that Defendant's deadline to answer, move or otherwise respond to the VFSs is STAYED pending the Court's ruling on the l etter motion to amend. (As further set forth in this Order.) ( Motions due by 8/4/2020., Responses due by 8/11/2020, Telephone Conference set for 8/12/2020 at 02:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/30/2020) (cf)
July 15, 2020 Opinion or Order Filing 926 OPINION AND ORDER re: 909 MOTION to Dismiss Certain Equal Pay Act Claims. MOTION to Strike Certain Allegations Contained In Verified Fact Sheets. filed by KPMG LLP. For the reasons stated above, KPMG's motion to dism iss is DENIED as to the Hernberg and Koch VFSs and is otherwise GRANTED. KPMG's motion to strike is DENIED. It is further ORDERED that by July 29, 2020, the parties shall meet and confer, and file a joint letter proposing appropriate next steps. The Clerk of Court is respectfully requested to close the motion at Dkt. No. 909. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/15/2020) (cf)
December 21, 2018 Opinion or Order Filing 856 OPINION AND ORDER: re: 837 MOTION for Reconsideration - Because Plaintiffs have not identified an intervening change of controlling law, theavailability of new evidence, or the need to correct a clear error or prevent manifest injustice, Kol el Beth, 729 F.3d at 104, the motion for reconsideration is DENIED. Plaintiffs request that the Court withdraw the Class Certification Order pending decision on this motion is DENIED as moot. The Clerk of Court is respectfully directed to close the motion at Docket No. 837. (Signed by Judge Lorna G. Schofield on 12/21/2018) (jcs)
November 30, 2018 Opinion or Order Filing 831 OPINION AND ORDER: For the foregoing reasons, Plaintiffs motions for Rule 23 class certification and EPA collective certification are DENIED. Both parties Daubert motions and motions to strike are DENIED. The Clerk of Court is directed to close the motions at Dkt. Nos. 797 , 800 , 802 , 803 , 813 , 815 , 817 , 818 , 827 and 829 .(Signed by Judge Lorna G. Schofield on 11/30/2018) (jcs)
October 2, 2015 Opinion or Order Filing 429 OPINION AND ORDER re: 417 MOTION for Reconsideration re; 413 Memorandum & Opinion,, on Equitable Tolling. filed by KPMG LLP. For the foregoing reasons herein, Defendant's motion for reconsideration and clarification is DENIED. The Clerk of Court is directed to close the motion at Docket No. 418. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/2/2015) (kgo) (Main Document 429 replaced on 10/2/2015) (jcs).
September 4, 2015 Opinion or Order Filing 413 OPINION AND ORDER re: 332 MOTION for Equitable Tolling of the Statute of Limitations for Collective Action Members' Claims Under the Equal Pay Act: For the foregoing reasons, Plaintiffs Motion for Equitable Tolling is GRANTED in part. T he statute of limitations is equitably tolled from March 16, 2012; claims running back to March 16, 2009, are therefore deemed timely. The Clerk of Court is directed to close the motion at Docket No. 332 . (Signed by Judge Lorna G. Schofield on 09/04/2015) (jcs)
July 8, 2014 Opinion or Order Filing 175 OPINION AND ORDER re: 144 MOTION to Dismiss Plaintiffs Rule 23 Class Claims in the Third Amended Complaint for Lack of Constitutional Standing. filed by KPMG LLP, 109 MOTION to Certify Class CONDITIONALLY AND AUTHORIZATION OF NOTICE. filed by Sparkle Patterson, Donna Kassman, Linda O'Donnell, Ashwini Vasudeva, Jeanette Potter. For the reasons discussed herein, Plaintiffs' Motion to Certify is GRANTED, and Defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART. The Clerk of Court is directed to close the motions at docket numbers 109 and 144. SO ORDERED. (Signed by Judge Lorna G. Schofield on 7/8/2014) (kgo)
February 7, 2013 Opinion or Order Filing 69 OPINION AND ORDER granting in part and denying in part 36 Motion to Dismiss. For the reasons discussed above, Defendants motions to strike or dismiss are GRANTED in part and DENIED in part. In particular, Defendants motions to strike or dismiss the class claims in their entirety in light of Dukes are DENIED. Defendants motion to strike the class claims under New York State and New York City law is GRANTED with respect to putative class members not living or working in the relevant jurisdiction s, but DENIED with respect to putative class members living or working within those jurisdictions. Defendants motion to dismiss the disparate impact class claims is DENIED. Defendants motion to dismiss the individual Plaintiffs equal pay claims unde r the EPA and NYSEPA is DENIED, although Defendants motion to dismiss the individual Plaintiffs retaliation claims under those statutes is GRANTED. Defendants motion to dismiss Pattersons Title VII claims on grounds of timeliness or improper venue is DENIED. Defendants motion to dismiss Kassmans discriminatory performance evaluation claims is GRANTED as to claims prior to the statute of limitations and DENIED as to claims accruing after the statute of limitations. Defendants motion to dismiss Kassmans constructive discharge claim is DENIED. Finally, Defendants motion to sever and dismiss the individual claims other than Kassmans is DENIED. (Signed by Judge Jesse M. Furman on 2/7/2013) (ago)
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Plaintiff: Donna Kassman
Represented By: Deepika Bains
Represented By: Jeremy Heisler
Represented By: Siham Nurhussein
Represented By: Janette Lynn Wipper
Represented By: Steven Lance Wittels
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Defendant: KPMG LLP
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