Bilello et al v. Estee Lauder Inc. et al
Plaintiff: Palmer McGuiness, Michelle Bilello, Kar Yee S. Law and Emanuelle Caroleo
Defendant: Board of Directors Estee Lauder, Fiduciary Investment Committee Estee Lauder and Estee Lauder
Case Number: 1:2020cv04770
Filed: June 22, 2020
Court: US District Court for the Southern District of New York
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1109
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
July 26, 2021 Opinion or Order Filing 78 ORDER denying 76 Motion for Reconsideration re 76 MOTION for Reconsideration re; 67 Order on Motion to Dismiss, . filed by Estee Lauder, Inc., Estee Lauder Inc. Fiduciary Investment Committee, Board of Directors Estee L auder Inc. Defendants' motion is DENIED. See, e.g., Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012) ("It is well-settled that [a motion for reconsideration] is not a vehicle for relitigating old issues, pr esenting the case under new theories, securing a rehearing on the merits, or otherwise taking a second bite at the apple. Rather, the standard for granting a... motion for reconsideration is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked." (cleaned up)). The Clerk of Court is directed to terminate ECF No. 76. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/26/21) (yv)
June 7, 2021 Opinion or Order Filing 67 ORDER denying 29 Motion to Dismiss.For reasons the Court will explain orally at an initial pretrial conference to be held by telephone on July 8, 2021 at 2:15 p.m., Defendants' motion to dismiss is DENIED. ECF No. 29. Defendants shall file a n answer to the Amended Complaint no later than June 28, 2021, and the parties shall follow the pre-conference procedures specified in the Court's Order of June 23, 2020, including by submitting a joint letter addressing certain topics and a pro posed case management plan no later than the Thursday prior to the conference. See ECF No. 6.The parties should join the July 8th conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, follo wed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) As stated in Rule 2(C)(ii) of the Court's Emergency Individual Rules and Pra ctices in Light of COVID-19, no later than 24 hours before the conference, the parties shall send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join th e call. More broadly, counsel should review and comply with the rules and guidance regarding teleconferences set forth in the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse -m-furman. Further, the parties sought leave to redact narrow references to recordkeeping fees from their memoranda of law, ECF Nos. 35, 44, 49, and the Court temporarily granted their applications, ECF Nos. 36, 46, 53. Because the redacted inform ation played little to no role in the Court's decision and it is a third party's confidential business information, the parties' applications are granted permanently. See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The Clerk of Court is directed to terminate ECF No. 29. (Signed by Judge Jesse M. Furman on 6/7/2021) (rro)
January 28, 2021 Opinion or Order Filing 53 ORDER temporarily granting 49 Letter Motion to Seal. Application GRANTED on a temporary basis. The Court will evaluate whether to whether to maintain the redactions on a permanent basis when deciding the underlying motion. The Clerk of Court is directed to terminate ECF No. 49. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/28/21) (yv)
January 11, 2021 Opinion or Order Filing 46 ORDER temporarily granting (44) Letter Motion to Seal in case 1:20-cv-04770-JMF. Application GRANTED on a temporary basis. The Court will evaluate whether to whether to maintain the redactions on a permanent basis when deciding the underlying motion. The Clerk of Court is directed to terminate ECF No. 44. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/11/21) Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF (yv)
January 8, 2021 Opinion or Order Filing 41 ORDER, On January 6, 2021, Plaintiffs filed a redacted memorandum of law in opposition to Defendants' motion to dismiss, ECF No. 39, and simultaneously emailed an unredacted copy to the Court. Plaintiffs are reminded that all redacted and/or sealed filings must comply with Rule 7 of the Court's Individual Rules and Practices in Civil Cases and the S.D.N.Y. ECF Rules and Instructions. In particular, except for the limited exceptions described in Rule 7(A) of the Court's Indiv idual Rules, the parties may not file anything in sealed or redacted form without seeking and obtaining leave from the Court. Here, the redactions in Defendants' moving papers were not accompanied by a letter-motion to seal as required by the Court's Individual Rules and the Southern Districts ECF Rules & Instructions. (In addition, the unredacted copy filed with the Court via email did not include highlights of the proposed redactions as described in Rule 7(C)(iii)-(iv).) No late r than January 11, 2021, Plaintiffs shall file an appropriate letter motion in accordance with the Court's Individual Rules and Practices. In addition, although the Court, in its December 8, 2020 order, directed the moving party to provide co urtesy hard copies of the motion papers at the time any reply is served, ECF No. 34, Defendants are RELIEVED of that obligation in light of the pandemic conditions surrounding COVID-19. SO ORDERED. ( Motions due by 1/11/2021.) (Signed by Judge Jesse M. Furman on 1/8/21) (yv)
December 8, 2020 Opinion or Order Filing 34 ORDER: Accordingly, it is hereby ORDERED that Plaintiffs shall file any amended complaint by January 6, 2021. Plaintiffs will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiffs do amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendants fi le an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendants file a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven day s of any opposition. If no amended complaint is filed, Plaintiffs shall file any opposition to the motion to dismiss by January 6, 2021. Defendants' reply, if any, shall be filed by January 13, 2021. At the time any reply is served, the moving p arty shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood MarshallUnited States Courthouse, 40 Centre Street, New York, New York. Defendants are reminded that all redacted and/or sealed filings must comply with Rule 7 of the Court's Individual Rules and Practices in Civil Cases and the S.D.N.Y. ECF Rules and Instructions. Here, the redactions in Defendants' moving papers were not accompanied by a letter-moti on to seal as required by the Court's Individual Rules and the Southern District's ECF Rules & Instructions. No later than December 10, 2020, Defendants shall file an appropriate letter motion.Finally, it is further ORDERED that the initial pretrial conference previously scheduled for December 17, 2020 is ADJOURNED sine die. SO ORDERED., ( Amended Pleadings due by 1/6/2021., Motions due by 12/10/2020., Responses due by 1/6/2021, Replies due by 1/13/2021.) (Signed by Judge Jesse M. Furman on 12/08/2020) (ama)
December 7, 2020 Opinion or Order Filing 28 ORDER. In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in t he Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/20) (yv)
October 2, 2020 Opinion or Order Filing 25 ORDER: For avoidance of doubt: Although the parties submitted a joint letter and proposed case management plan in anticipation of the conference that was previously scheduled for October 6, 2020, see ECF No. 24, they should resubmit a new joint le tter and proposed case management plan by the Thursday before the new December 17, 2020 conference date (with updated proposed deadlines etc.), in accordance with the Court's order of June 23, 2020, ECF No. 6. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/2/2020) (jca)
September 29, 2020 Opinion or Order Filing 14 ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be ava ilable for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 9/29/2020) (cf)
August 10, 2020 Opinion or Order Filing 11 ORDER granting (10) Letter Motion to Consolidate Cases 20-4770 (as Lead Case) with 20-5779 in case 1:20-cv-04770-JMF. It is hereby ordered that, pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, the above-captioned actions are con solidated under Dkt. No. 20-cv-4770. Plaintiffs shall file a Consolidated Class Action Complaint by September 21, 2020. Capozzi Adler is hereby appointed as Interim Lead Class Counsel for the consolidated cases. Edelson Lechtzin is appointed as In terim Class Counsel Executive Committee Member to render assistance in the litigation as deemed necessary by Capozzi Adler. As Interim Lead Class Counsel, Capozzi Adler shall have authority to perform or delegate the performance of the following ma tters on behalf of all Plaintiffs in the consolidated action as further set forth in this Order. Capozzi Adler shall also have authority to communicate with counsel for Defendants and the Court on behalf of all Plaintiffs and the proposed Class. De fendants' counsel may rely on all agreements made with Capozzi Adler, and such agreements shall be binding. No motion shall be initiated or filed on behalf of any Plaintiff in this action except through Capozzi Adler. The Clerk of Court is di rected to consolidate the above-captioned cases under 20- CV-4770; to terminate 20-CV-4770, ECF No. 10; and to close 20-CV-5779. All future filings shall be made only in 20-cv-4770. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/10/20) Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF (yv)
July 27, 2020 Opinion or Order Filing 9 ORDER. The Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Any party who objects to such consolidation shall file a letter brief, not to exceed three single-spaced pages, by August 10, 2020. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. The Clerk of Court is directed to file this Order in both 20-CV-4770 and 20-CV-5779. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/27/20) (yv)
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Search for this case: Bilello et al v. Estee Lauder Inc. et al
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Defendant: Board of Directors Estee Lauder
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Defendant: Fiduciary Investment Committee Estee Lauder
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Defendant: Estee Lauder
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Plaintiff: Palmer McGuiness
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Plaintiff: Michelle Bilello
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Plaintiff: Kar Yee S. Law
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Plaintiff: Emanuelle Caroleo
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