Alix v. McKinsey & Co., Inc. et al
Plaintiff: Jay Alix
Defendant: McKinsey & Co., Inc., McKinsey Holdings, Inc., McKinsey & Company Inc. United States, McKinsey Recovery & Transformation Services U.S., LLC, Dominic Barton, Kevin Carmody, Jon Garcia, Seth Goldstrom, Alison Proshan and Robert Sternfels
Case Number: 1:2018cv04141
Filed: May 9, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Jesse M. Furman
Nature of Suit: Racketeer Influenced and Corrupt Organizations
Cause of Action: 18 U.S.C. ยง 1962
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
February 13, 2024 Opinion or Order Filing 307 ORDER. Assuming arguendo that Mr. Shaheen himself even had a right to seek disqualification, he waived it. See ECF No. 298, at 8-9. For the foregoing reasons, the Court reaffirms its denial of Mr. Shaheen's motion. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/13/24) (yv)
February 12, 2024 Opinion or Order Filing 306 ORDER. On January 17, 2024, Baraa Shaheen sought leave on behalf of himself and Balwara LLC to file a motion for sanctions and disqualification of Kobre & Kim LLP as counsel for Defendants in this action. ECF No. 287. By Order dated January 22, 20 24, the Court denied leave as to Balwara LLC because a corporate entity may appear in federal court only through admitted counsel and Shaheen is not a member of the Bar of this Court. ECF No. 290. The Court granted leave to Mr. Shaheen, however, a nd set a briefing schedule. See id. Kobre & Kim LLP timely opposed the motion. See ECF No. 298. Mr. Shaheen did not file any reply. Upon review of the submissions, Mr. Shaheen's motion is DENIED as frivolous, substantially for the reasons set forth in Kobre & Kim LLP's opposition. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/12/24) (yv)
January 31, 2024 Opinion or Order Filing 297 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not review ed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that e nd, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). SO ORDERED. (Signed by Judge Jesse M. Furman on 1/31/24) (yv)
January 22, 2024 Opinion or Order Filing 290 ORDER, On January 17, 2024, Baraa Shaheen sought leave on behalf of himself and Balwara LLC to file a motion for sanctions and disqualification of Kobre & Kim LLP as counsel for Defendants in this action. ECF No. 287. Leave is denied as to Balwara LLC because a corporate entity may appear in federal court only through admitted counsel and Shaheen is not a member of the Bar of this Court. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). However, leave is granted to Shaheen to proce ed pro se in his individual capacity. Any opposition to the motion, ECF No. 287, at 3-7, shall be filed no later than Friday, February 2, 2024. In any opposition, counsel should address whether Shaheen has any individual interest to assert with respect to the motion for sanctions and disqualification. Any reply shall be filed by Friday, February 9, 2024. SO ORDERED. ( Replies due by 2/9/2024., Responses due by 2/2/2024) (Signed by Judge Jesse M. Furman on 1/22/24) (yv)
December 28, 2023 Opinion or Order Filing 271 MEMO ENDORSED ORDER on re: 270 Response in Opposition to Motion, filed by Seth Goldstrom denying 267 Letter Motion to Stay re: 267 LETTER MOTION to Stay all discovery from (or by) AlixPartners related to the counterclaim broug ht by Seth Goldstrom addressed to Judge Jesse M. Furman from Reed Brodsky dated December 14, 2023. ENDORSEMENT: In view of the age of this case and the nature of the discovery that is underway, among other considerations, the application for a stay of discovery is DENIED. The Court intimates no view on the motion to dismiss. The Clerk of Court is directed to terminate ECF No. 267. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/28/23) (yv)
November 15, 2023 Opinion or Order Filing 254 ORDER, It is hereby ORDERED that Goldstrom shall file any amended counterclaim by December 5, 2023. Pursuant to Paragraph 1.B. of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furm an, any amended counterclaim should be filed with a redline showing all differences between the original and revised filing. Goldstrom will not be given any further opportunity to amend the counterclaim to address issues raised by the motion to dismi ss. If no amended counterclaim is filed, Goldstrom shall file any opposition to the motion to dismiss by December 5, 2023. Alix's reply, if any, shall be filed by December 12, 2023. SO ORDERED. ( Amended Pleadings due by 12/5/2023., Replies due by 12/12/2023., Responses due by 12/5/2023) (Signed by Judge Jesse M. Furman on 11/15/23) (yv)
October 4, 2023 Opinion or Order Filing 246 ORDER: granting 245 Letter Motion to Adjourn Conference; granting 245 Letter Motion for Extension of Time to Answer re 245 JOINT LETTER MOTION to Adjourn Conference request to adjourn the 10/11/23 initial conference. addressed to Judge Je sse M. Furman from Mark P. Goodman dated October 4, 2023. JOINT LETTER MOTION for Extension of Time to File Answer by Defendants and request to extend Plaintiff's time to answer counterclaims. addressed to Judge Jesse M. Furman from Mark P. Go odman dated October 4, 2023. Application GRANTED. Defendants' answer deadline is extended to November 15, 2023; and Plaintiff's answer deadline is extended to November 22, 2023. In light of that, the initial pretrial conference is ADJOURNED to December 5, 2023, at 3 p.m. The pre-conference submissions are due by the Thursday prior to the conference. The Clerk of Court is directed to terminate ECF No. 245. SO ORDERED. Dominic Barton answer due 11/15/2023; Kevin Carmody answer due 11/15/ 2023; Jon Garcia answer due 11/15/2023; Seth Goldstrom answer due 11/15/2023; Mark Hojnacki answer due 11/15/2023; McKinsey & Co., Inc. answer due 11/15/2023; McKinsey & Company Inc. United States answer due 11/15/2023; McKinsey Recovery & Transforma tion Services U.S., LLC answer due 11/15/2023; Virginia Molino answer due 11/15/2023; Alison Proshan answer due 11/15/2023; Robert Sternfels answer due 11/15/2023; Jared D. Yerian answer due 11/15/2023( Initial Conference set for 12/5/2023 at 03:00 PM before Judge Jesse M. Furman.). (Signed by Judge Jesse M. Furman on 10/04/2023) (ama)
September 22, 2022 Opinion or Order Filing 206 ORDER granting 201 Letter Motion to Stay re: 201 LETTER MOTION to Stay all discovery pending resolution of Defendants' Motion to Dismiss the Second Amended Complaint addressed to Judge Jesse M. Furman from John Gleeson date d September 12, 2022. The Court intimates no view on the merits of Defendants' motion to dismiss. But upon consideration of the relevant factors, see, e.g., HAHA Glob., Inc. v. Barclays, No. 19-CV-04749 (VEC) (SDA), 2020 WL 832341, at *1 (S.D.N .Y. Feb. 20, 2020), the Court concludes that discovery should indeed be stayed pending a decision on the motion to dismiss (if not a ruling on the pending petition for the writ of certiorari), substantially for the reasons provided by Defendants. I t is true that this case is "long in the tooth," ECF No. 205, at 2 (internal quotation marks omitted), but a delay of a few more months will not prejudice Plaintiff and, given the scope and nature of the claims, it is in the interests of all parties and the Court to know which, if any, of Plaintiff's claims will proceed. Accordingly, discovery is stayed pending a decision on the pending motion to dismiss. (Having said that, the Court notes that, if or when discovery does proc eed, it has no intention of staging discovery to prioritize the Rule 17 issue, as Defendants propose. That is the price of Defendants' request for a delay.) The Clerk of Court is directed to terminate ECF No. 201. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/22/22) (yv)
September 13, 2022 Opinion or Order Filing 204 ORDER granting 203 Letter Motion for Extension of Time to File. Application GRANTED. (The Court apologizes for overlooking the fact that it had already imposed a deadline.) The Clerk of Court is directed to terminate ECF No. 203. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/13/2022) (tg)
May 31, 2022 Opinion or Order Filing 166 ORDER: As stated on the record during the teleconference held earlier today: Plaintiff shall file any motion for leave to file a second amended complaint within 30 days of the date of this Order. Defendants shall, within seven days of Plainti ff's motion, confer with one another and Plaintiff and file a letter: -stating whether there are grounds to oppose the proposed amendment separate and apart from the failure to state a claim; and -proposing a briefing schedule for any motion t o oppose the proposed amendment and/or any motion(s) to dismiss, including but not limited to any motions pursuant to Rules 12(b)(1), 12(b)(6), and 17 of the Federal Rules of Civil Procedure. Defendants shall file a letter-motion to stay discovery, not to exceed five pages, within three days of any motion to dismiss; Plaintiff shall file any opposition, not to exceed five pages, within a week of such a letter-motion. Discovery is stayed pending the Court's decision on that motion. Un less the Court grants prior leave to do otherwise, all defense submissions shall be made jointly i.e., on a consolidated basis. Put differently, if any Defendant believes that there are independent bases for a motion that call for separate briefing, that Defendant must seek leave to file separately. (Signed by Judge Jesse M. Furman on 5/31/2022) (tro)
May 20, 2022 Opinion or Order Filing 162 ORDER granting 160 Letter Motion to Adjourn Conference; terminating 161 Letter Motion to Adjourn Conference. The conference scheduled for May 24, 222, is rescheduled to May 31, 2022, at 9:45 a.m. All other dates and deadlines (including the b riefing schedule) remain in effect. The Clerk of Court is directed to terminate ECF Nos. 160 and 161. SO ORDERED. ( Telephone Conference set for 5/31/2022 at 09:45 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/19/22) (yv)
July 6, 2020 Opinion or Order Filing 139 OPINION AND ORDER re: 123 MOTION for Entry of Judgment under Rule 54(b) and Contingent Motion for Leave to Amend Pursuant to Rule 15(a) or, Alternatively, for Entry of Order of Preclusion. filed by Jay Alix. Alix's motions are DENIED. That may or may not leave Alix with an avenue to appeal the Court's ruling dismissing his RICO Claims the initial motivation for his voluntary dismissal of the State Law Claims and the primary goal of his subsequent procedural maneuv ers. Compare, e.g., Chappelle, 84 F.3d at 654 (dismissing for lack of jurisdiction an appeal from the district court's ruling on a motion to dismiss where the plaintiff had thereafter voluntarily dismissed her remaining claims without prejudi ce), with Hill v. Didio, 191 F. App'x 13, 15 (2d Cir. 2006) (summary order) (hearing an appeal of a decision dismissing RICO claims on the merits and dismissing state-law claims for lack of subject matter jurisdiction). But that is a question for another day and presumably for the Second Circuit, not for this Court. The Clerk of Court is directed to terminate ECF No. 123 and close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/6/20) (yv)
August 19, 2019 Opinion or Order Filing 104 OPINION AND ORDER re: 88 JOINT MOTION to Dismiss by all defendants. filed by McKinsey Holdings, Inc., Kevin Carmody, Alison Proshan, McKinsey Recovery & Transformation Services U.S., LLC, Jon Garcia, Seth Goldstrom, Robert Stern fels, McKinsey & Company Inc. United States, Dominic Barton, McKinsey & Co., Inc. If Alix's allegations in this case are true (as the Court has assumed they are for purposes of this motion), they are certainly troubling. Moreover, Alix and AlixPartners may well have good reason to be upset about Defendants' alleged misconduct and may indeed have genuinely public-spirited reasons for seeking to deter it going forward. But that is not enough to state a claim for relief, much less a claim under the civil RICO statute, which provides a remedy only to those whose injuries directly resulted from a defendant's scheme. Defendants' motion to dismiss is accordingly GRANTED as to Alix's federal claims and those claims t he First, Second, Third, and Fourth Causes of Action are dismissed with prejudice. The Court defers ruling on Defendants' motion to dismiss Alix's state-law claims until it confirms, following the parties' supplemental briefing in a ccordance with the schedule set forth above, that it has diversity jurisdiction over those claims. The Clerk of Court is directed to terminate the Individual Defendants Dominic Barton, Kevin Carmody, Jon Garcia, Seth Goldstrom, Alison Proshan, Rob ert Sternfels, and Jared D. Yerian as parties and to terminate ECF No. 88. SO ORDERED., (Jon Garcia, Seth Goldstrom, Alison Proshan, Robert Sternfels, Jared D. Yerian, Dominic Barton and Kevin Carmody terminated.) (Signed by Judge Jesse M. Furman on 8/19/19) (yv)
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Search for this case: Alix v. McKinsey & Co., Inc. et al
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Plaintiff: Jay Alix
Represented By: Amanda Lynn Devereux
Represented By: Sean F. O'Shea
Represented By: Michael Edward Petrella
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Defendant: McKinsey & Co., Inc.
Represented By: Martin J. Bienenstock
Represented By: Christine H. Chung
Represented By: Robert J. Cleary
Represented By: David Scott Flugman
Represented By: Faith E. Gay
Represented By: Maria Ginzburg
Represented By: Mark David Harris
Represented By: Steven Michael Kayman
Represented By: Joshua Scott Margolin
Represented By: Matthew Jerome Morris
Represented By: Jennifer M. Selendy
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Defendant: McKinsey Holdings, Inc.
Represented By: Martin J. Bienenstock
Represented By: Christine H. Chung
Represented By: Robert J. Cleary
Represented By: David Scott Flugman
Represented By: Faith E. Gay
Represented By: Maria Ginzburg
Represented By: Mark David Harris
Represented By: Steven Michael Kayman
Represented By: Joshua Scott Margolin
Represented By: Matthew Jerome Morris
Represented By: Jennifer M. Selendy
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Defendant: McKinsey & Company Inc. United States
Represented By: Martin J. Bienenstock
Represented By: Christine H. Chung
Represented By: Robert J. Cleary
Represented By: David Scott Flugman
Represented By: Faith E. Gay
Represented By: Maria Ginzburg
Represented By: Mark David Harris
Represented By: Steven Michael Kayman
Represented By: Joshua Scott Margolin
Represented By: Matthew Jerome Morris
Represented By: Jennifer M. Selendy
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Defendant: McKinsey Recovery & Transformation Services U.S., LLC
Represented By: Martin J. Bienenstock
Represented By: Christine H. Chung
Represented By: Robert J. Cleary
Represented By: David Scott Flugman
Represented By: Faith E. Gay
Represented By: Maria Ginzburg
Represented By: Mark David Harris
Represented By: Steven Michael Kayman
Represented By: Joshua Scott Margolin
Represented By: Matthew Jerome Morris
Represented By: Jennifer M. Selendy
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Defendant: Dominic Barton
Represented By: Martin J. Bienenstock
Represented By: Christine H. Chung
Represented By: Robert J. Cleary
Represented By: David Scott Flugman
Represented By: Faith E. Gay
Represented By: Maria Ginzburg
Represented By: Mark David Harris
Represented By: Steven Michael Kayman
Represented By: Joshua Scott Margolin
Represented By: Matthew Jerome Morris
Represented By: Jennifer M. Selendy
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Defendant: Kevin Carmody
Represented By: Martin J. Bienenstock
Represented By: Christine H. Chung
Represented By: Robert J. Cleary
Represented By: David Scott Flugman
Represented By: Faith E. Gay
Represented By: Maria Ginzburg
Represented By: Mark David Harris
Represented By: Steven Michael Kayman
Represented By: Joshua Scott Margolin
Represented By: Matthew Jerome Morris
Represented By: Jennifer M. Selendy
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Defendant: Jon Garcia
Represented By: Martin J. Bienenstock
Represented By: Christine H. Chung
Represented By: Robert J. Cleary
Represented By: David Scott Flugman
Represented By: Faith E. Gay
Represented By: Maria Ginzburg
Represented By: Mark David Harris
Represented By: Steven Michael Kayman
Represented By: Joshua Scott Margolin
Represented By: Matthew Jerome Morris
Represented By: Jennifer M. Selendy
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Defendant: Seth Goldstrom
Represented By: Martin J. Bienenstock
Represented By: Christine H. Chung
Represented By: Robert J. Cleary
Represented By: David Scott Flugman
Represented By: Faith E. Gay
Represented By: Maria Ginzburg
Represented By: Mark David Harris
Represented By: Steven Michael Kayman
Represented By: Joshua Scott Margolin
Represented By: Matthew Jerome Morris
Represented By: Jennifer M. Selendy
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Defendant: Alison Proshan
Represented By: Martin J. Bienenstock
Represented By: Christine H. Chung
Represented By: Robert J. Cleary
Represented By: David Scott Flugman
Represented By: Faith E. Gay
Represented By: Maria Ginzburg
Represented By: Mark David Harris
Represented By: Steven Michael Kayman
Represented By: Joshua Scott Margolin
Represented By: Matthew Jerome Morris
Represented By: Jennifer M. Selendy
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Defendant: Robert Sternfels
Represented By: Martin J. Bienenstock
Represented By: Christine H. Chung
Represented By: Robert J. Cleary
Represented By: David Scott Flugman
Represented By: Faith E. Gay
Represented By: Maria Ginzburg
Represented By: Mark David Harris
Represented By: Steven Michael Kayman
Represented By: Joshua Scott Margolin
Represented By: Matthew Jerome Morris
Represented By: Jennifer M. Selendy
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