Law et al v. Estee Lauder Inc. et al
Plaintiff: Palmer McGuiness, Michelle Bilello, Kar Yee S. Law, Emanuelle Caroleo, Kathy L. Gandy and Emanuele Caroleo
Defendant: Board of Directors Estee Lauder, Fiduciary Investment Committee Estee Lauder, Estee Lauder, Estee Lauder, Inc., Estee Lauder Inc. Fiduciary Investment Committee, John Does 1-30, Board of Directors Estee Lauder Inc. and Estee Lauder Inc. Employee Benefits Committee
Case Number: 1:2020cv04770
Filed: June 22, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Referring Judge: Barbara C Moses
2 Judge: Jennifer L Rochon
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1109 Breach of Fiduciary Duties
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2023 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #154 Proposed Order was reviewed and approved as to form. (tp)
September 25, 2023 Filing 154 PROPOSED ORDER. Document filed by Emanuele Caroleo, Kathy L. Gandy. Related Document Number: #151 ..(Gyandoh, Mark) Proposed Order to be reviewed by Clerk's Office staff.
September 25, 2023 Filing 153 DECLARATION of Mark K. Gyandoh in Support re: #151 MOTION to Approve Preliminary Approval of Class Action Settlement, Approval of Form and Manner of Class Notice and Scheduling of Fairness Hearing Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement, Approval of F. Document filed by Emanuele Caroleo, Kathy L. Gandy. (Attachments: #1 Exhibit a - Settlement Agreement).(Gyandoh, Mark)
September 25, 2023 Filing 152 MEMORANDUM OF LAW in Support re: #151 MOTION to Approve Preliminary Approval of Class Action Settlement, Approval of Form and Manner of Class Notice and Scheduling of Fairness Hearing Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement, Approval of F Plaintiffs' Memorandum Of Law in Support of Unopposed Motion for Preliminary Approval if Class Action Settlement, Approval of Form and Manner of Class Notice and Scheduling of Fairness Hearing. Document filed by Emanuele Caroleo, Kathy L. Gandy..(Gyandoh, Mark)
September 25, 2023 Filing 151 MOTION to Approve Preliminary Approval of Class Action Settlement, Approval of Form and Manner of Class Notice and Scheduling of Fairness Hearing Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement, Approval of Form and Manner of Class Notice and Scheduling of Fairness Hearing. Document filed by Emanuele Caroleo, Kathy L. Gandy..(Gyandoh, Mark)
September 18, 2023 Opinion or Order Filing 150 MEMO ENDORSEMENT on re: #149 Letter filed by Kathy L. Gandy, Emanuele Caroleo. ENDORSEMENT: SO ORDERED. ( Motions due by 9/25/2023.) (Signed by Magistrate Judge Barbara C. Moses on 9/18/2023) (rro)
September 15, 2023 Filing 149 LETTER addressed to Judge Jennifer L. Rochon from Mark K. Gyandoh dated September 15, 2023 re: Status Report and Seek One-Week Extension to File Motion for Preliminary Approval. Document filed by Emanuele Caroleo, Kathy L. Gandy..(Gyandoh, Mark)
September 1, 2023 Filing 148 JOINT LETTER addressed to Judge Jennifer L. Rochon from Donald R. Reavey dated 9/1/2023 re: Non-Consent to Magistrate Judge. Document filed by Emanuele Caroleo, Kathy L. Gandy..(Reavey, Donald)
August 22, 2023 Set/Reset Deadlines: Motions due by 9/18/2023. (jca)
August 22, 2023 Opinion or Order Filing 147 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation); Particular Motion: settlement motion(s) and review. Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 8/22/2023) (jca)
August 22, 2023 Opinion or Order Filing 146 ORDER granting #145 Letter Motion to Continue. IT IS HEREBY ORDERED that the post-discovery pretrial conference scheduled for October 12, 2023 is adjourned, along with all existing deadlines in this action. IT IS FURTHER ORDERED that the parties shall, by September 18, 2023, file their motion for preliminary approval of the settlement and all supporting papers addressed to Magistrate Judge Moses. IT IS FURTHER ORDERED that, by separate order today, the Court is referring this case to Magistrate Judge Moses for purposes of the parties settlement, including the parties'anticipated motion for preliminary approval of the settlement and review of that settlement. IT IS FURTHER ORDERED that, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter now that the parties have reached a settlement, the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before Magistrate Judge Moses. If the parties consent to proceed before Magistrate Judge Moses, they must, by September 1, 2023, submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to the Order of Reference (and also available at https://nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before Magistrate Judge Moses rather than before this Court. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be from this Court if the consent form were not signed and so ordered. An information sheet on proceedings before magistrate judges is also attached to the Order of Reference. If any party does not consent to conducting all further proceedings before Magistrate Judge Moses, the parties must file a joint letter, by September 1, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. No adverse consequences will result from the withholding of that consent. The Clerk of Court is respectfully directed to terminate ECF No. 145. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 8/22/2023) (jca)
August 21, 2023 Filing 145 JOINT LETTER MOTION to Continue re case status and vacate remaining deadlines and set schedule for Motion for Preliminary Approval of Settlement addressed to Judge Jennifer L. Rochon from Mark K. Gyandoh dated August 21, 2023. Document filed by Emanuele Caroleo, Kathy L. Gandy..(Gyandoh, Mark)
July 21, 2023 Opinion or Order Filing 144 ORDER granting #143 Motion for Phillip C. Thompson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
July 21, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (42 in 1:20-cv-05779-JLR, 143 in 1:20-cv-04770-JLR) MOTION for Phillip C. Thompson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28030464. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JLR(va)
July 20, 2023 Filing 143 MOTION for Phillip C. Thompson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-28030464. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Estee Lauder Inc. Employee Benefits Committee, Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc.. (Attachments: #1 Affidavit Affidavit, #2 Exhibit A, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JLR.(Thompson, Phillip)
July 20, 2023 Filing 142 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Phillip C. Thompson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Estee Lauder Inc. Employee Benefits Committee, Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc.. (Attachments: #1 Affidavit Affidavit, #2 Exhibit A, #3 Text of Proposed Order Proposed Order).(Thompson, Phillip) Modified on 7/20/2023 (sgz).
July 20, 2023 Filing 141 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Estee Lauder Inc. Fiduciary Investment Committee. Related Document Number: #140 ..(Thompson, Phillip) Proposed Order to be reviewed by Clerk's Office staff. Modified on 7/20/2023 (sgz).
July 20, 2023 Filing 140 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Phillip C. Thompson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Estee Lauder Inc. Fiduciary Investment Committee. (Attachments: #1 Affidavit Affidavit, #2 Exhibit A)Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JLR.(Thompson, Phillip) Modified on 7/20/2023 (sgz).
July 20, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. (40 in 1:20-cv-05779-JLR, 140 in 1:20-cv-04770-JLR) MOTION for Phillip C. Thompson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order(filed separately); the filing fee was not paid. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JLR(sgz)
July 20, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #142 MOTION for Phillip C. Thompson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the filing fee was not paid; Did not spread entry to other case. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sgz)
July 13, 2023 Opinion or Order Filing 139 ORDER. As stated at the July 13, 2023 conference, the deadline for Defendants' expert disclosure(s) is extended to August 3, 2023 and the deadline for all expert discovery is extended to September 13, 2023. The post-discovery pretrial conference is adjourned to October 12, 2023 at 3:00 p.m. in Courtroom 20B. Pursuant to paragraph 14 of ECF No. 123 and the Court's Individual Rules, any summary judgment premotion letter is due three weeks before the conference, opposition thereto is due two weeks before the conference, and a joint letter is due one week before the conference. If Defendants wish to seek additional relief associated with Plaintiffs' supplemental expert report, Defendants shall submit a brief of no more than 7 pages (excluding exhibit(s), if any) by July 28, 2023 and Plaintiffs shall submit opposition of no more than 7 pages by August 4, 2023. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
July 13, 2023 Minute Entry for proceedings held before Judge Jennifer L. Rochon: Discovery Hearing held via Microsoft Teams on 7/13/2023. (aba)
July 12, 2023 Filing 138 LETTER addressed to Judge Jennifer L. Rochon from Mark K. Gyandoh dated 7/12/23 re: Participants in Remote Video Conference. Document filed by Emanuele Caroleo, Kathy L. Gandy..(Gyandoh, Mark)
July 11, 2023 Opinion or Order Filing 137 MEMO ENDORSEMENT on re: #136 Letter filed by Kathy L. Gandy, Emanuele Caroleo ENDORSEMENT Counsel for the parties shall appear for a remote video conference on July 13, 2023 at 4 p.m. to address the parties' discovery dispute. Counsel shall submit an appearance sheet pursuant to the Court's Individual Rule 2(B) by July 12, 2023 at 4 p.m., and will receive Microsoft Teams log-in credentials at the email addresses provided. The public listen-only line may be accessed by dialing Toll-Free Number: 877-336-1831 | Access Code: 5583342. SO ORDERED. (Status Conference set for 7/13/2023 at 04:00 PM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 7/11/2023) (jca)
July 7, 2023 Filing 136 JOINT LETTER addressed to Judge Jennifer L. Rochon from Mark K. Gyandoh dated 07/07/23 re: Status of Case and Request for Telephone Conference with Judge. Document filed by Emanuele Caroleo, Kathy L. Gandy..(Gyandoh, Mark)
June 29, 2023 Opinion or Order Filing 135 ORDER. Under the existing Case Management Plan, the deadline for the parties to meet and confer for at least one hour to discuss settlement and file a joint letter updating the Court on the status of the case was due no later than June 27, 2023. See ECF No. 123 13. No letter has been filed. As a courtesy, the Court will extend the deadline for the meet and confer and joint letter to July 7, 2023. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
May 31, 2023 Opinion or Order Filing 134 ORDER granting #133 Motion for James A. Wells to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
May 30, 2023 Filing 133 MOTION for James A. Wells to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27803017. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kathy L. Gandy, Emanuele Caroleo. (Attachments: #1 Affidavit of James A. Wells, #2 Affidavit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JLR.(Wells, James)
May 30, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (133 in 1:20-cv-04770-JLR, 38 in 1:20-cv-05779-JLR) MOTION for James A. Wells to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27803017. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JLR(sgz)
May 15, 2023 Opinion or Order Filing 132 ORDER denying #130 Letter Motion for Extension of Time. Request DENIED. The parties request an over two-month extension of the discovery deadlines. The Court most recently extended discovery in March 2023. ECF No. 117. At that time, the Court explained that this case commenced nearly three years ago in June 2020, that the case had been stayed at length to accommodate the parties' mediation, and that the Court granted an over eight-month extension of discovery deadlines from July 2022 to March 2023. The Court warned in July 2022 that the parties should not expect any further extensions, and it again warned in March 2023 that the parties should not expect any further extensions. The parties have not shown good cause to further extend the discovery phase of this litigation. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/15/2023) (jca)
May 12, 2023 Filing 131 PROPOSED CASE MANAGEMENT PLAN. Document filed by Kathy L. Gandy, Emanuele Caroleo..(Reavey, Donald)
May 12, 2023 Filing 130 LETTER MOTION for Extension of Time and Update Court on Mediation Efforts addressed to Judge Jennifer L. Rochon from Rene E. Thorne and Donald R. Reavey dated May 12, 2023. Document filed by Emanuele Caroleo, Kathy L. Gandy.Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JMF.(Reavey, Donald)
May 11, 2023 Opinion or Order Filing 129 ORDER granting #128 Motion for Brandon S. Williams to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
May 10, 2023 Filing 128 MOTION for Brandon S. Williams to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kathy L. Gandy, Emanuele Caroleo. (Attachments: #1 Affidavit of Brandon Williams, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JMF.(Williams, Brandon)
May 10, 2023 Filing 127 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brandon S. Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27719668. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Emanuele Caroleo. (Attachments: #1 Affidavit of Brandon Williams, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Williams, Brandon) Modified on 5/10/2023 (sgz).
May 10, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #127 MOTION for Brandon S. Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27719668. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Extra case number listed on documents, Motion only filed in one case. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
May 10, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (33 in 1:20-cv-05779-JMF, 128 in 1:20-cv-04770-JLR) MOTION for Brandon S. Williams to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JMF(sgz)
April 27, 2023 Opinion or Order Filing 126 ORDER terminating #125 Letter Motion for Extension of Time. Interim discovery deadlines, including the deadlines for expert disclosures, may be adjusted by the written consent of the parties without a court order. If the parties cannot come to an agreement about the deadlines after a good faith meet and confer, Plaintiffs may renew the instant request. However, the Court is hopeful the parties will cooperate regarding the scheduling of such interim deadlines. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/27/2023) (jca)
April 26, 2023 Filing 125 LETTER MOTION for Extension of Time to serve Plaintiffs' Expert Disclosures addressed to Judge Jennifer L. Rochon from Mark K. Gyandoh dated 4/26/23. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy..(Gyandoh, Mark)
April 5, 2023 Filing 124 ANSWER to #119 Amended Complaint,. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Employee Benefits Committee, Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
April 3, 2023 Opinion or Order Filing 123 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have taken place. Depositions shall be completed no later than June 18, 2023. The case is not to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 10 trial days. Deposition due by 8/16/2023. Fact Discovery due by 6/18/2023. Expert Discovery due by 8/16/2023. Discovery due by 8/16/2023. Case Management Conference set for 9/7/2023 at 11:00 AM before Judge Jennifer L. Rochon. Pretrial Conference set for 9/7/2023 at 11:00 AM before Judge Jennifer L. Rochon. The parties are reminded that, pursuant to the Consolidation Order at ECF No. 11, all filings in this case shall be made in 20-cv-04770 only, and not 20-cv-05779. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/3/2023) Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JMF (jca)
March 29, 2023 Filing 122 PROPOSED CASE MANAGEMENT PLAN. Document filed by Kathy L. Gandy, Emanuele Caroleo..(Reavey, Donald)
March 24, 2023 Opinion or Order Filing 121 ORDER. The parties' Proposed Case Management Plan (ECF No. 120) is different from the proposed civil case management plan and scheduling order required by the Court's Individual Rule 2(D) and incorrectly describes the Court's Individual Rules. Accordingly, the parties shall, by March 29, 2023, file a completed version of the proposed civil case management plan and scheduling order required by the Courts Individual Rules and available here (https://nysd.uscourts.gov/hon-jennifer-l-rochon). (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
March 23, 2023 Filing 120 PROPOSED CASE MANAGEMENT PLAN. Document filed by Emanuele Caroleo, Kathy L. Gandy..(Reavey, Donald)
March 23, 2023 Filing 119 AMENDED COMPLAINT amending #118 Amended Complaint, against Board of Directors Estee Lauder Inc., Estee Lauder Inc. Employee Benefits Committee, Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc., John Does 1-30.Document filed by Emanuele Caroleo. Related document: #118 Amended Complaint,..(Reavey, Donald)
March 22, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Donald Reavey to RE-FILE Document No. #118 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. Pleading Caption "et al" error. All parties names must be listed in caption. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
March 21, 2023 Filing 118 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT amending #13 Amended Complaint, against Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc., Estee Lauder Inc. Employee Benefits Committee.Document filed by Emanuele Caroleo, Kathy L. Gandy. Related document: #13 Amended Complaint, (Reavey, Donald) Modified on 3/22/2023 (vf).
March 20, 2023 Opinion or Order Filing 117 ORDER granting #116 Letter Motion for Leave to File Document. Accordingly, Plaintiffs' request for leave to file an amended complaint is GRANTED. Plaintiffs shall file their amended complaint no later March 24, 2023. The parties' request to extend the discovery deadlines is GRANTED in part and DENIED in part. Fact discovery ends June 18, 2023 and expert discovery ends August 16, 2023. The parties shall file a proposed Civil Case Management Plan and Scheduling Order, consistent with the discovery deadlines set in this Order, by March 24, 2023. The parties should not expect any further extensions. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/20/2023) (jca)
March 20, 2023 Set/Reset Deadlines: Amended Pleadings due by 3/24/2023. Expert Discovery due by 8/16/2023. Fact Discovery due by 6/18/2023. (jca)
March 17, 2023 Filing 116 LETTER MOTION for Leave to File First Amended Consolidated Complaint addressed to Judge Jennifer L. Rochon from Donald R. Reavey dated 3/17/23. Document filed by Emanuele Caroleo, Kathy L. Gandy. (Attachments: #1 Exhibit 1 - Redline First Amended Consolidated Complaint).(Reavey, Donald)
March 17, 2023 Filing 115 LETTER addressed to Judge Jennifer L. Rochon from Donald R. Reavey dated 3/17/23 re: 90 day extension of discovery deadline. Document filed by Emanuele Caroleo, Kathy L. Gandy..(Reavey, Donald)
March 2, 2023 Opinion or Order Filing 114 ORDER granting #113 Motion re: #113 MOTION Dismiss Claims of Plaintiffs Law and McGuiness Joint Letter To Judge Jennifer Rochon to Dismiss Claims of Plaintiffs Law and McGuiness. SO ORDERED. *** Party Kar Yee S. Law (individually and on behalf of all others similarly situated) and Palmer McGuiness (individually and on behalf of all others similarly situated) terminated. (Signed by Judge Jennifer L. Rochon on 3/2/2023) (jca) Modified on 3/10/2023 (jca).
March 1, 2023 Filing 113 MOTION Dismiss Claims of Plaintiffs Law and McGuiness Joint Letter To Judge Jennifer Rochon to Dismiss Claims of Plaintiffs Law and McGuiness. Document filed by Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
March 1, 2023 Opinion or Order Filing 112 ORDER denying #111 Motion re: #111 MOTION Dismiss Claims of Plaintiffs Law and McGuiness Letter To Judge Jennifer Rochon to Dismiss Claims of Plaintiffs Law and McGuiness. To dismiss claims pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(ii), a stipulation of dismissal must be "signed by all parties who have appeared." Here, counsel for Defendants have not signed the stipulation. Accordingly, if the parties seek to dismiss claims under this Rule, counsel shall refile the stipulation signed by all parties who have appeared. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/1/2023) (jca)
February 27, 2023 Filing 111 MOTION Dismiss Claims of Plaintiffs Law and McGuiness Letter To Judge Jennifer Rochon to Dismiss Claims of Plaintiffs Law and McGuiness. Document filed by Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
October 7, 2022 Opinion or Order Filing 110 MEMO ENDORSEMENT granting (109) MOTION for Gabrielle P. Kelerchian to Withdraw as Attorney. ENDORSEMENT: Request GRANTED. Gabrielle P. Kelerchian is hereby withdrawn as counsel for Plaintiffs in this action. SO ORDERED. Attorney Gabrielle Kelerchian terminated in case 1:20-cv-04770-JLR. (Signed by Judge Jennifer L. Rochon on 10/7/2022) Filed In Associated Cases: 1:20-cv-04770-JLR, 1:20-cv-05779-JMF (jca)
October 6, 2022 Filing 109 MOTION for Gabrielle P. Kelerchian to Withdraw as Attorney . Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Text of Proposed Order Proposed Order).(Kelerchian, Gabrielle)
September 30, 2022 Filing 108 JOINT LETTER addressed to Judge Jennifer L. Rochon from Mark K. Gyandoh dated 9/30/2022 re: Status of Case. Document filed by Emanuele Caroleo, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
September 16, 2022 Opinion or Order Filing 107 NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Court are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: As further set forth by this Order. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/16/2022) (tg)
September 15, 2022 NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Jesse M. Furman is no longer assigned to the case. (nb)
August 24, 2022 Opinion or Order Filing 106 STIPULATION REGARDING CLASS CERTIFICATION: 1. On February 15, 2022, Plaintiffs filed their Motion for Class Certification. ECF No. 91. 2. In order to conserve the Parties' and the Court'S resources and avoid unnecessary motion practice, the Parties agree to class certification of the claims alleged in the Amended Complaint (ECF No. 13) arising on or after September 22, 2014. The parties further agree that the class shall be defined as and limited to: All persons, except Defendants and their immediate family members, who were participants in or beneficiaries of the Plan, at any time between September 22, 2014 through the date of judgment (the "Class Period"), excluding any class member who executed an applicable release. 3. The Parties further agree that nothing in this Stipulation shall be deemed to abandon or limit any claim or defense including, but not limited to, the impact of releases executed by putative class members during the Class Period on any recovery by the class and/or the Plan. 4. For the reasons explained in Sections IV(C) and (D) of Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Class Certification (ECF No. 92), the Parties agree that the requirements of Federal Rule of Civil Procedure 23 have been satisfied. The Class is certified. Capozzi Adler, P.C., is appointed as Lead Counsel for the certified Class, and Edelson Lechtzin LLP is appointed as Class Counsel Executive Committee Member for the certified Class. See ECF No. 92, at 17-19. The parties' August 22, 2022 letter motion is GRANTED. The Clerk of Court is directed to terminate ECF Nos. 91 and 104. Motions terminated: (91 in 1:20-cv-04770-JMF) MOTION to Certify Class . filed by Kathy L. Gandy, Kar Yee S. Law, Emanuele Caroleo, Palmer McGuiness, (104 in 1:20-cv-04770-JMF) LETTER MOTION to Adjourn Conference /Briefing Deadlines related to Plaintiffs' Motion for Class Certification addressed to Judge Jesse M. Furman from Rene E. Thorne dated 8/22/2022. filed by Estee Lauder, Inc., Estee Lauder Inc. Fiduciary Investment Committee, Board of Directors Estee Lauder Inc. (Signed by Judge Jesse M. Furman on 8/24/2022) Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF (tro)
August 22, 2022 Filing 105 PROPOSED STIPULATION AND ORDER. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
August 22, 2022 Filing 104 LETTER MOTION to Adjourn Conference /Briefing Deadlines related to Plaintiffs' Motion for Class Certification addressed to Judge Jesse M. Furman from Rene E. Thorne dated 8/22/2022. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
August 16, 2022 Opinion or Order Filing 103 MEMO ENDORSEMENT on re: (102 in 1:20-cv-04770-JMF) Letter Response to Court's August 5, 2022 Order, filed by Estee Lauder, Inc., Estee Lauder Inc. Fiduciary Investment Committee, Board of Directors Estee Lauder Inc. ENDORSEMENT : Application GRANTED. The parties are directed to file a joint status update by August 22, 2022, advising the Court about the status of the stipulation. If the parties do not reach a stipulation, any opposition to Plaintiffs' Motion for Class Certification shall be filed by August 29, 2022, and any reply shall be filed by September 12, 2022. The parties are reminded that, pursuant to the Court's Individual Rules and Practices 3(A), any requests for relief, including adjournments, should be filed as letter-motions. SO ORDERED., ( Responses due by 8/29/2022, Replies due by 9/12/2022.) (Signed by Judge Jesse M. Furman on 8/15/22) Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF (yv)
August 15, 2022 Filing 102 LETTER addressed to Judge Jesse M. Furman from Rene E. Thorne dated 8/15/2022 re: Response to Court's August 5, 2022 Order #91 . Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
August 5, 2022 Opinion or Order Filing 101 ORDER: On February 15, 2022, Plaintiffs filed a motion for class certification, ECF No. 91. As stated in the Court's May 2, 2022 Order, ECF No. 98, any opposition to Plaintiffs' motion for class certification was due August 1, 2022. To date, Defendants have not filed any opposition. Accordingly, it is hereby ORDERED that, no later than August 15, 2022, Defendants shall show good cause in writing why Plaintiffs' motion should not be deemed unopposed. Failure to show such good cause will result in Plaintiffs' motion for class certification being deemed unopposed. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/5/2022) (vfr)
July 18, 2022 Set/Reset Deadlines: ( Replies due by 8/15/2022.), Set/Reset Hearings:( Pretrial Conference set for 3/30/2023 at 03:30 PM before Judge Jesse M. Furman.) Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF(yv)
July 18, 2022 Opinion or Order Filing 100 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: No expert testimony (whether designated as "rebuttal" or otherwise) will be permitted by other experts or beyond the scope of the opinions covered by the aforesaid disclosures without the Court's express prior leave, application for which must be made no later than June 30, 2023. Motions due by 10/17/2023. Deposition due by 3/20/2023. Fact Discovery due by 3/20/2023. Expert Discovery due by 8/16/2023. This case is not to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 10 trial days. This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as provided in paragraph 1(e)) shall be made in a written application in accordance with the Court's Individual Rule 1(E) and shall be made no less than 2 business days prior to the expiration of the date sought to be extended. Given the length of fact and expert discovery proposed, the parties should not expect any extensions of these deadlines. Moreover, as stated in the Court's May 2, 2022 Order, ECF No. 98, any opposition to Plaintiffs' motion for class certification, ECF No. 91, is due August 1, 2022. Any reply is due August 15, 2022. The parties should note that absent good cause, the Court ordinarily does not have summary judgment practice in a non-jury case. Finally, the Court will hold a pretrial conference in this case on March 30, 2023, at 3:30 p.m. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/18/22) Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF (yv) Modified on 8/4/2022 (yv).
July 18, 2022 Filing 99 PROPOSED CASE MANAGEMENT PLAN. Document filed by Kathy L. Gandy, Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
May 2, 2022 Opinion or Order Filing 98 ORDER granting (97) Letter Motion for Extension of Time in case 1:20-cv-04770-JMF. Application GRANTED. No further extensions of the stay will be granted. If mediation is not successful, on July 18, 2022, the parties shall file a proposed amended case management plan. Moreover, the following deadlines shall apply to Plaintiffs' motion for class certification, see ECF No. 97: Defendants shall file any opposition by August 1, 2022. Any reply shall be filed by August 15, 2022. The Clerk of Court is directed to terminate ECF No. 97. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/2/2022) Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF (ate)
May 2, 2022 Set/Reset Deadlines: Responses due by 8/1/2022. Replies due by 8/15/2022. Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF(ate)
April 29, 2022 Filing 97 LETTER MOTION for Extension of Time to Stay Case addressed to Judge Jesse M. Furman from Mark Gyandoh dated April 29, 2022. Document filed by Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
March 2, 2022 Opinion or Order Filing 96 ORDER granting (95) Letter Motion to Stay re: (95 in 1:20-cv-04770-JMF) JOINT LETTER MOTION to Stay Case Pending Mediation addressed to Judge Jesse M. Furman from Rene E. Thorne dated 2/28/20222. in case 1:20-cv-04770-JMF. Application GRANTED. The parties should not expect any extensions of the stay period. The Clerk of Court is directed to terminate ECF No. 95. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/2/2022) Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF (ate)
February 28, 2022 Filing 95 JOINT LETTER MOTION to Stay Case Pending Mediation addressed to Judge Jesse M. Furman from Rene E. Thorne dated 2/28/20222. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
February 15, 2022 Filing 94 DECLARATION of Eric Lechtzin in Support re: #91 MOTION to Certify Class .. Document filed by Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Exhibit 1 - Firm Resume).(Gyandoh, Mark)
February 15, 2022 Filing 93 DECLARATION of Mark K. Gyandoh in Support re: #91 MOTION to Certify Class .. Document filed by Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Exhibit 1 - 104(b) request, #2 Exhibit 2 - List of Decisions, #3 Exhibit 3 - Declaration of Kar Yee Law, #4 Exhibit 4 - Declaration of Emanuele Caroleo, #5 Exhibit 5 - Declaration of Palmer McGuiness, #6 Exhibit 6 - Declaration of Kathy Gandy).(Gyandoh, Mark)
February 15, 2022 Filing 92 MEMORANDUM OF LAW in Support re: #91 MOTION to Certify Class . . Document filed by Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
February 15, 2022 Filing 91 MOTION to Certify Class . Document filed by Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
February 1, 2022 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark Gyandoh to RE-FILE Document #90 MOTION to Certify Class .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) can be filed with the Motion. (kj)
February 1, 2022 Filing 90 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class . Document filed by Kathy L. Gandy, Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Memorandum of Law in Support of Motion for Class Certification, #2 Declaration of Mark Gyandoh, #3 Declaration of Eric Lechtzin)Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF.(Gyandoh, Mark) Modified on 2/14/2022 (kj).
January 26, 2022 Opinion or Order Filing 89 ORDER granting (88) Motion for to Drop Michelle Bilello as Named Plaintiff under F.R.C.P. 21 re: (88 in 1:20-cv-04770-JMF) MOTION to Drop Michelle Bilello as Named Plaintiff under F.R.C.P. 21 . in case 1:20-cv-04770-JMF. It is hereby ORDERED that the motion (Doc. No. 88) is GRANTED. The plaintiff, Michelle Bilello, is DROPPED as a plaintiff in this action pursuant to Federal Rule of Civil Procedure 21. The clerk of court shall REMOVE Michelle Bilello as a named plaintiff in this action, and her name will be REMOVED from the caption in this matter. BY THE COURT: SO ORDERED. (Signed by Judge Jesse M. Furman on 1/26/22) Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF (yv)
January 25, 2022 Filing 88 MOTION to Drop Michelle Bilello as Named Plaintiff under F.R.C.P. 21 . Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Text of Proposed Order).(Gyandoh, Mark)
December 9, 2021 Opinion or Order Filing 87 MEMO ENDORSEMENT on re: #86 Letter Case Status filed by Kathy L. Gandy, Michelle Bilello, Kar Yee S. Law, Emanuele Caroleo, Palmer McGuiness. ENDORSEMENT : The conference scheduled for December 14, 2021, is hereby ADJOURNED to April 7, 2022, at 4:00 p.m. The parties' proposed briefing scheduled for a motion for class certification is adopted: Plaintiffs' motion will be due February 1, 2022, Defendants' Opposition will be due April 1, 2022, and any reply will be due May 16, 2022. Given the generosity of that schedule, no extensions should be expected. SO ORDERED., ( Motions due by 2/1/2022., Responses due by 4/1/2022, Replies due by 5/16/2022., Pretrial Conference set for 4/7/2022 at 04:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/9/21) (yv) Modified on 12/28/2021 (yv).
December 9, 2021 Filing 86 AMENDED LETTER addressed to Judge Jesse M. Furman from Mark K. Gyandoh dated 12/9/21 re: Corrected Letter re Joint Case Status. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
December 9, 2021 Filing 85 JOINT LETTER addressed to Judge Jesse M. Furman from Mark K. Gyandoh dated 12/9/2021 re: Joint Case Status Update. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
December 6, 2021 Opinion or Order Filing 84 ORDER: In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. See ECF No. 71. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. After reviewing the parties' joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/06/2021) (ama)
October 25, 2021 Opinion or Order Filing 83 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material... So Ordered (Signed by Judge Jesse M. Furman on 10/25/2021) (js)
October 22, 2021 Filing 82 PROPOSED PROTECTIVE ORDER. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
August 22, 2021 Opinion or Order Filing 81 ORDER denying #79 Letter Motion to Stay All Proceedings. Upon review of the parties' letters and the relevant factors, Defendants' motion for a stay pending the Supreme Court's resolution of Hughes is DENIED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 19, 2021 Filing 80 LETTER addressed to Judge Jesse M. Furman from Mark K. Gyandoh dated 8/19/2021 re: Opposition to Defendants' Letter Motion to Stay. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Exhibit A - Hughes v Northwestern University Brief).(Gyandoh, Mark)
August 12, 2021 Filing 79 LETTER MOTION to Stay All Proceedings addressed to Judge Jesse M. Furman from Rene E. Thorne dated 8/12/2021. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc.. (Attachments: #1 Ex. A, #2 Ex. B).(Thorne, Rene)
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 Lauder 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, presenting 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)
July 22, 2021 Filing 77 MEMORANDUM OF LAW in Support re: #76 MOTION for Reconsideration re; #67 Order on Motion to Dismiss,,,,,,,, . . Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc.. (Attachments: #1 Ex. A - Excerpts of July 8, 2021 Transcript).(Thorne, Rene)
July 22, 2021 Filing 76 MOTION for Reconsideration re; #67 Order on Motion to Dismiss,,,,,,,, . Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
July 22, 2021 Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/8/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF.(McGuirk, Kelly)
July 22, 2021 Filing 74 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/8/2021 before Judge Jesse M. Furman. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/12/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/20/2021.Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF.(McGuirk, Kelly)
July 13, 2021 Opinion or Order Filing 73 ORDER granting #72 Motion for Eric Lechtzin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 13, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #72 MOTION for Eric Lechtzin to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 12, 2021 Filing 72 MOTION for Eric Lechtzin to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kathy L. Gandy, Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law. (Attachments: #1 Affidavit of Eric Lechtzin in Support, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF.(Lechtzin, Eric)
July 8, 2021 Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held via teleconference on 7/8/2021. Mark Gyandoh, Gabrielle Kelerchian, Eric Lechtzin, and Marc Edelson present for Plaintiffs. Rene E. Thorne present for Defendants. Court reporter present. (ab)
July 8, 2021 Opinion or Order Filing 71 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedingsbefore a United States Magistrate Judge, including motions and trial. Motions due by 9/6/2021. Fact Discovery due by 7/8/2022. Expert Discovery due by 11/7/2022. Deposition due by 11/7/2022. This case is not to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 10 trial days. Absent leave of Court, by Thursday of the week prior to any future conference, theparties shall file on ECF a joint letter, not to exceed three (3) pages, regarding the status of the case.The letter should include the following information in separate paragraphs: (1) A statement of all existing deadlines, due dates, and/or cut-off dates;(2) A brief description of any outstanding motions;(3) A brief description of the status of discovery and of any additional discovery that needs tobe completed; (3A) Whether the parties believe they could do without a status conference at that time; (As further set forth herein.) SO ORDERED. As discussed, and for the reasons states, on the record at the conference conducted remotely by telephone earlier today, Defendants may file a motion for reconsideration of the Court's denial of the motion to dismiss no later than July 22, 2021. Defendants shall make any motion for a stay pending a decision in Hughes v. Northwestern University by letter-motion, not to exceed five pages. Plaintiffs shall file any response within one week, not to exceed five pages. Pretrial Conference set for 12/14/2021 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 7/8/2021) (va)
July 8, 2021 NOTICE: The time for the conference in this matter, scheduled for today, July 8, 2021, is changed from 2:15 p.m. to 2:45 p.m. The call-in information remains the same (888-363-4749; access code 542-1540#). (ab)
July 7, 2021 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #70 MOTION for Eric Lechtzin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-24758110. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
July 6, 2021 Filing 70 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Eric Lechtzin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-24758110. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kathy L. Gandy, Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Affidavit of Eric Lechtzin in Support, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF.(Lechtzin, Eric) Modified on 7/7/2021 (wb).
July 1, 2021 Filing 69 LETTER addressed to Judge Jesse M. Furman from Mark Gyandoh dated July 1, 2021 re: Proposed Civil Case Management Plan and Scheduling Order. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Civil Case Management Plan).(Gyandoh, Mark)
June 28, 2021 Filing 68 ANSWER to #13 Amended Complaint,. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
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 an 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 proposed 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, followed 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 Practices 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 the 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 information 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)
June 7, 2021 Filing 66 RESPONSE re: #64 Notice (Other), Plaintiffs' Response to Defendants' Notice of Supplemental Authority. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Certificate of Service).(Gyandoh, Mark)
June 7, 2021 Set/Reset Deadlines: Board of Directors Estee Lauder Inc. answer due 6/28/2021; Estee Lauder Inc. Fiduciary Investment Committee answer due 6/28/2021; Estee Lauder, Inc. answer due 6/28/2021., Set/Reset Hearings:( Initial Conference set for 7/8/2021 at 02:15 PM before Judge Jesse M. Furman.) (rro)
May 24, 2021 Filing 65 NOTICE of Supplemental Authority. Document filed by Kathy L. Gandy, Michelle Bilello, Emanuele Caroleo, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Exhibit A - Stantec Consulting Services - Motion to Dismiss Denied)Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF.(Gyandoh, Mark)
May 18, 2021 Filing 64 NOTICE of of Defendants' Response to Plaintiffs' Notice of Supplemental Authority and Notice of Supplement Authority in Support of Their Motion to Dismiss re: #29 MOTION to Dismiss ., #63 Notice (Other), #62 Notice (Other),. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc.. (Attachments: #1 Ex. A - Brown v. Daikin Am., Inc.).(Thorne, Rene)
May 13, 2021 Filing 63 NOTICE of Supplemental Authority. Document filed by Kathy L. Gandy, Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Exhibit A - Quest - Motion to Dismiss Denied)Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF.(Gyandoh, Mark)
April 29, 2021 Filing 62 NOTICE of Plaintiffs' Notice of Supplemental Authority. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Exhibit A - McGowan v. Barnabas, #2 Exhibit B - Khan v. PTC, #3 Exhibit C - Blackmon v. Zachry Holdings, #4 Exhibit D - Peterson v. Insurance Serv. Office).(Gyandoh, Mark)
April 5, 2021 Filing 61 NOTICE of Plaintiffs' Response to Defendants' Notice of Supplemental Authorities and Plaintiffs' Notice of Supplemental Authorities re: (59 in 1:20-cv-04770-JMF) Notice (Other),. Document filed by Michelle Bilello. (Attachments: #1 Exhibit Jones, et al v. Coca Cola, #2 Exhibit Davis v. Magna, #3 Exhibit Cates v. Columbia)Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF.(Gyandoh, Mark)
April 1, 2021 Filing 60 NOTICE of of Supplemental Authority re: #29 MOTION to Dismiss .. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc., John Does 1-30. (Attachments: #1 Ex. A).(Thorne, Rene)
March 17, 2021 Filing 59 NOTICE of Defendants' Response to Plaintiffs' Notice of Supplemental Authority re: #56 Notice (Other),. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc., John Does 1-30..(Thorne, Rene)
March 15, 2021 Opinion or Order Filing 58 ORDER granting #57 Motion for Gabrielle P. Kelerchian to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 12, 2021 Filing 57 MOTION for Gabrielle P. Kelerchian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24243561. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law. (Attachments: #1 Affidavit Affidavit GPK - Notarized, #2 Certificate of Good Standing - GPK, #3 Text of Proposed Order Proposed Order).(Kelerchian, Gabrielle)
March 12, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #57 MOTION for Gabrielle P. Kelerchian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24243561. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 8, 2021 Filing 56 NOTICE of Plaintiffs' Notice of Supplemental Authority. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Exhibit Ex A - McCool v. AHS - Memorandum Opinion of the Court).(Gyandoh, Mark)
March 8, 2021 Filing 55 NOTICE of Defendants' Response to Plaintiffs' Notice of Supplemental Authority re: #54 Notice (Other),. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc., John Does 1-30..(Thorne, Rene)
March 3, 2021 Filing 54 NOTICE of Plaintiffs' Notice of Supplemental Authority. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Exhibit Ex A - Savage v. Sutherland Global Services).(Gyandoh, Mark)
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 27, 2021 Filing 52 REPLY AFFIRMATION of Rene E. Thorne in Support re: #29 MOTION to Dismiss .. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc.. (Attachments: #1 Ex. 18, #2 Ex. 19).(Thorne, Rene)
January 27, 2021 Filing 51 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss . (Redacted). Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
January 27, 2021 Filing 50 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss . . Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc., Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, John Does 1-30, Kar Yee S. Law, Palmer McGuiness. Motion or Order to File Under Seal: #49 .(Thorne, Rene)
January 27, 2021 Filing 49 LETTER MOTION to Seal Defendants' Reply Memorandum in Support of Motion to Dismiss addressed to Judge Jesse M. Furman from Rene E. Thorne dated 1/27/2021. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
January 20, 2021 Opinion or Order Filing 48 ORDER: granting #47 Letter Motion for Leave to File Excess Pages. Defendants' reply shall be no longer than fifteen (15) pages. The Clerk of Court is directed to terminate ECF No. 47. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/19/2021) (ama)
January 19, 2021 Filing 47 LETTER MOTION for Leave to File Excess Pages to Reply Brief in Support of Motion to Dismiss addressed to Judge Jesse M. Furman from Rene E. Thorne dated 1/19/2021. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
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 Filing 45 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss . . Document filed by Emanuele Caroleo, Kar Yee S. Law, Michelle Bilello, Palmer McGuiness, Kathy L. Gandy. Motion or Order to File Under Seal: #44 .(Gyandoh, Mark)
January 8, 2021 Filing 44 LETTER MOTION to Seal Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss addressed to Judge Jesse M. Furman from Mark K. Gyandoh dated 01/08/2021. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
January 8, 2021 Opinion or Order Filing 43 ORDER granting (42) Letter Motion for Extension of Time to File Response/Reply re (29 in 1:20-cv-04770-JMF) MOTION to Dismiss: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 42. (Replies due by 1/27/2021.). (Signed by Judge Jesse M. Furman on 1/8/2021) Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF (jwh)
January 8, 2021 Filing 42 LETTER MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss . addressed to Judge Jesse M. Furman from Rene E. Thorne dated 1/8/2021. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
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 Individual 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 later 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 courtesy 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)
January 6, 2021 Filing 40 DECLARATION of Mark K. Gyandoh in Opposition re: #39 Memorandum of Law in Opposition to Motion,., DECLARATION of Mark K. Gyandoh in Support. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Exhibit Ex 1 - Beach v. JP Morgan Chase - Motion to Dismiss Decision Transcript, #2 Exhibit Ex 2 - Silva v. Evonik - Motion to Dismiss Letter Order, #3 Exhibit Ex 3 - Sandoval v. Exela (D.Conn. March 30, 2020), #4 Exhibit Ex 4 - Email correspondence between Plaintiffs Counsel and Plan Administrator, #5 Exhibit Ex 5 - Memorandum and Opinon of Judge Kearney, #6 Exhibit Ex 6 - Crawford v. CDI - Order on Motion for Partial Dismissal of Plaintiffs Claims).(Gyandoh, Mark)
January 6, 2021 Filing 39 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss . Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss - Redacted. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness..(Gyandoh, Mark)
December 22, 2020 Opinion or Order Filing 38 ENDORSED LETTER addressed to Judge Jesse M. Furman from Daniel M. Bernstein dated 12/21/20 re: response to the Court's December 11, 2020 Order. ENDORSEMENT: The Court received this letter by email. The documents at issue shall remain in redacted form for now; the Court will evaluate whether to maintain them permanently when deciding the underlying motion. The Clerk of Court is directed to docket this on 20-CV-4770. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/22/2020) (yv)
December 16, 2020 Filing 37 CERTIFICATE OF SERVICE of court filings served on Alight Solutions on 12/11/2020 and 12/14/2020. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
December 11, 2020 Opinion or Order Filing 36 ORDER temporarily granting #35 Letter Motion to Seal. If either Aon Hewitt or Alight Solutions believes that the relevant documents should remain sealed or redacted, it shall file a letter explaining the basis and why that is consistent with the presumption in favor of public access to judicial documents no later than December 21, 2020. If no such letter is filed, the materials will be unsealed without further notice. No later than December 14, 2020, defense counsel shall serve a copy of this Order electronically on counsel to Aon Hewitt and Alight Solutions (or, if not represented by counsel, to the entities themselves) and file proof of such service. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 10, 2020 Filing 35 LETTER MOTION to Seal Pursuant to the Court's Dec. 8, 2020 Order (Dkt. 34) addressed to Judge Jesse M. Furman from Rene E. Thorne dated 12/10/2020. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
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 file 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 days 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 party 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-motion 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 Filing 33 ***SELECTED PARTIES***DECLARATION of Rene E. Thorne Filed for Purpose of Filing Redacted Exhibit 15 in Support re: #29 MOTION to Dismiss .. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc., Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Ex. 15 - Contract Amendment Excerpt (Unredacted))Motion or Order to File Under Seal: #31 .(Thorne, Rene)
December 7, 2020 Filing 32 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss . (Unredacted Version). Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc., Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. Motion or Order to File Under Seal: #30 .(Thorne, Rene)
December 7, 2020 Filing 31 DECLARATION of Rene E. Thorne in Support re: #29 MOTION to Dismiss .. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc.. (Attachments: #1 Ex. 1 - SPD, #2 Ex. 2 - Plan, #3 Ex. 3 - 2014 404(a), #4 Ex. 4 - 2015 404(a), #5 Ex. 5 - 2016 404(a), #6 Ex. 6 - 2017 404(a), #7 Ex. 7 - 2018 404(a), #8 Ex. 8 - 2019 404(a), #9 Ex. 9 - Kathy Gandy Account Statement, #10 Ex. 10 - Emanuele Caroleo Account Statement, #11 Ex. 11 - J. Palmer McGuiness Plan Account Statement, #12 Ex. 12 - Kar Yee Law Account Statement, #13 Ex. 13 - Michelle Bilello Account Statement, #14 Ex. 14 - Plaintiffs Investments Summary Chart, #15 Ex. 15 - Contract Amendment Excerpt (Redacted), #16 Ex. 16 - Lawsuit Summary Chart, #17 Ex. 17 - IPS).(Thorne, Rene)
December 7, 2020 Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss . (Redacted Version). Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
December 7, 2020 Filing 29 MOTION to Dismiss . Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
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 the 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)
November 2, 2020 Opinion or Order Filing 27 ORDER granting #26 Motion for John Sulau to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 30, 2020 Filing 26 MOTION for John Sulau to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22393393. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc.. (Attachments: #1 Affidavit of John Sulau, #2 Ex. A - Certificate of Good Standing, #3 Proposed Order).(Sulau, John)
October 30, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for John Sulau to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22393393. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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 letter 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)
October 1, 2020 Filing 24 LETTER addressed to Judge Jesse M. Furman from Mark Gyandoh dated 10/01/2020 re: Proposed Civil Case Management Plan. Document filed by Michelle Bilello, Emanuele Caroleo, Kathy L. Gandy, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Exhibit Civil Case Management Plan).(Gyandoh, Mark)
October 1, 2020 Opinion or Order Filing 23 ORDER granting (21) Letter Motion for Extension of Time to Answer re (13 in 1:20-cv-04770-JMF) Amended Complaint. Application GRANTED. The conference currently scheduled for October 6, 2020 is ADJOURNED to December 17, 2020 at 4:00 p.m. The Clerk of Court is directed to terminate ECF No. 21. SO ORDERED. Signed by Judge Jesse M. Furman on 10/1/2020) Filed In Associated Cases: 1:20-cv-04770-JMF, 1:20-cv-05779-JMF (rro) Modified on 10/1/2020 (rro).
October 1, 2020 Filing 22 NOTICE OF APPEARANCE by Howard Shapiro on behalf of Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Shapiro, Howard)
October 1, 2020 Filing 21 LETTER MOTION for Extension of Time to File Answer re: #13 Amended Complaint, addressed to Judge Jesse M. Furman from Rene Thorne dated 10/1/2020. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
October 1, 2020 Set/Reset Deadlines: Board of Directors Estee Lauder Inc. answer due 12/7/2020; Estee Lauder Inc. Fiduciary Investment Committee answer due 12/7/2020; Estee Lauder, Inc. answer due 12/7/2020., Set/Reset Hearings:( Initial Conference set for 12/17/2020 at 04:00 PM before Judge Jesse M. Furman.) (rro)
September 30, 2020 Opinion or Order Filing 20 ORDER granting #18 Motion for Howard Shapiro to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 30, 2020 Filing 19 NOTICE OF APPEARANCE by Rene E Thorne on behalf of Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Thorne, Rene)
September 30, 2020 Filing 18 MOTION for Howard Shapiro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21915042. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc.. (Attachments: #1 Affidavit of Howard Shapiro, #2 Ex. A - Certificate of Good Standing, #3 Proposed Order).(Shapiro, Howard)
September 30, 2020 Opinion or Order Filing 17 ORDER granting #16 Motion for Ren E. Thorne to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 30, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Howard Shapiro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21915042. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 29, 2020 Filing 16 MOTION for Ren E. Thorne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21897273. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc.. (Attachments: #1 Affidavit of Ren Thorne, #2 Ex. A - Certificate of Good Standing, #3 Proposed Order).(Thorne, Rene)
September 29, 2020 Filing 15 NOTICE OF APPEARANCE by Todd H. Girshon on behalf of Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc...(Girshon, Todd)
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 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. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 9/29/2020) (cf)
September 29, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Ren E. Thorne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21897273. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 23, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark K. Gyandoh. The party information for the following party/parties has been modified: Emanuele Caroleo. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj)
September 22, 2020 Filing 13 AMENDED COMPLAINT amending #12 Amended Complaint, against Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc., John Does 1-30.Document filed by Emanuelle Caroleo, Kar Yee S. Law, Michelle Bilello, Palmer McGuiness, Kathy L. Gandy. Related document: #12 Amended Complaint,..(Gyandoh, Mark)
September 22, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mark K. Gyandoh to RE-FILE Document No. #12 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; all parties names must be listed in caption. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
September 21, 2020 Filing 12 FILING ERROR - DEFICIENT PLEADING - PDF ERROR AMENDED COMPLAINT amending #1 Complaint against Board of Directors Estee Lauder Inc., Estee Lauder Inc. Fiduciary Investment Committee, Estee Lauder, Inc., John Does 1-30.Document filed by Emanuelle Caroleo, Kar Yee S. Law, Michelle Bilello, Palmer McGuiness, Kathy L. Gandy. Related document: #1 Complaint.(Gyandoh, Mark) Modified on 9/22/2020 (sj).
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 consolidated 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 Interim 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 matters 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. Defendants' 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 directed 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)
August 10, 2020 Filing 10 LETTER MOTION to Consolidate Cases 1:20-cv-4770 and 1:20-cv-5779 addressed to Judge Jesse M. Furman from Mark Gyandoh dated 8/10/2020. Document filed by Michelle Bilello, Emanuelle Caroleo, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Text of Proposed Order Proposed Order).(Gyandoh, Mark)
August 10, 2020 Set/Reset Deadlines: Amended Pleadings due by 9/21/2020. (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)
June 24, 2020 Opinion or Order Filing 8 ORDER granting #4 Motion for Donald Roberts Reavey to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 24, 2020 Opinion or Order Filing 7 ORDER granting #3 Motion for Mark K. Gyandoh to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 23, 2020 Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/6/2020 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/23/2020) (ks)
June 23, 2020 Filing 5 CIVIL COVER SHEET filed..(Gyandoh, Mark)
June 23, 2020 Filing 4 MOTION for Donald Roberts Reavey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20377068. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michelle Bilello, Emanuelle Caroleo, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Affidavit Affidavit for Admission, #2 Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Gyandoh, Mark)
June 23, 2020 Filing 3 MOTION for Mark K. Gyandoh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20376816. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michelle Bilello, Emanuelle Caroleo, Kar Yee S. Law, Palmer McGuiness. (Attachments: #1 Affidavit Affidavit for Admission, #2 Certficate of Good Standing, #3 Text of Proposed Order Proposed Order).(Gyandoh, Mark)
June 23, 2020 Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Gyandoh, Mark) Modified on 6/23/2020 (pc).
June 23, 2020 Filing 1 COMPLAINT against Estee Lauder, Board of Directors Estee Lauder, Fiduciary Investment Committee Estee Lauder, John Does 1-30. (Filing Fee $ 400.00, Receipt Number ANYSDC-20376703)Document filed by Palmer McGuiness, Michelle Bilello, Emanuelle Caroleo, Kar Yee S. Law..(Gyandoh, Mark)
June 23, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark K. Gyandoh. The party information for the following party/parties has been modified: Estee Lauder, Board of Directors Estee Lauder, Fiduciary Investment Committee Estee Lauder, Palmer McGuiness, Michelle Bilello, Emanuelle Caroleo, Kar Yee S. Law.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc)
June 23, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark K. Gyandoh. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
June 23, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
June 23, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3 MOTION for Mark K. Gyandoh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20376816. Motion and supporting papers to be reviewed by Clerk's Office staff., #4 MOTION for Donald Roberts Reavey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20377068. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Case number needs to be added to order, unless completed as text only order. (ad)
June 23, 2020 Case Designated ECF. (pc)
June 23, 2020 Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
June 23, 2020 ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Mark K. Gyandoh to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 6/29/2020. (pc)
June 23, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Mark K. Gyandoh to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): incorrect jurisdiction was selected. (pc)

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Search for this case: Law 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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Defendant: Estee Lauder, Inc.
Represented By: Howard Shapiro
Represented By: John W Sulau
Represented By: Rene E Thorne
Represented By: Todd H. Girshon
Represented By: Phillip C. Thompson
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Defendant: Estee Lauder Inc. Fiduciary Investment Committee
Represented By: Howard Shapiro
Represented By: John W Sulau
Represented By: Rene E Thorne
Represented By: Todd H. Girshon
Represented By: Phillip C. Thompson
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Defendant: John Does 1-30
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Defendant: Board of Directors Estee Lauder Inc.
Represented By: Howard Shapiro
Represented By: John W Sulau
Represented By: Rene E Thorne
Represented By: Todd H. Girshon
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Defendant: Estee Lauder Inc. Employee Benefits Committee
Represented By: Rene E Thorne
Represented By: Phillip C. Thompson
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Plaintiff: Palmer McGuiness
Represented By: Mark K. Gyandoh
Represented By: Eric Lechtzin
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Plaintiff: Michelle Bilello
Represented By: Gabrielle Kelerchian
Represented By: Mark K. Gyandoh
Represented By: Eric Lechtzin
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Plaintiff: Kar Yee S. Law
Represented By: Gabrielle Kelerchian
Represented By: Mark K. Gyandoh
Represented By: Eric Lechtzin
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Plaintiff: Emanuelle Caroleo
Represented By: Mark K. Gyandoh
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Plaintiff: Kathy L. Gandy
Represented By: Gabrielle Kelerchian
Represented By: Marc Edelson
Represented By: Donald R. Reavey
Represented By: Eric Lechtzin
Represented By: Mark K. Gyandoh
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Plaintiff: Emanuele Caroleo
Represented By: Gabrielle Kelerchian
Represented By: Mark K. Gyandoh
Represented By: Brandon S Williams
Represented By: Donald R. Reavey
Represented By: Eric Lechtzin
Represented By: James A Wells
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