McKenna v. Santander Investment Securities, Inc. et al
Plaintiff: Erin McKenna
Defendant: Omar Kariuki, Santander Investment Securities, Inc. and Santander Holdings USA, Inc.
Case Number: 1:2021cv00941
Filed: February 3, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Vernon S Broderick
Referring Judge: Denise L Cote
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. ยง 2601 FMLA: Family and Medical Leave Act (Findings and Purposes)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2022 Opinion or Order Filing 175 ORDER OF JUDGMENT PURSUANT TO FED. R. CIV. 68(a): Pursuant to Fed. R. Civ. P. 68(a), according to the terms of the Offer of Judgment filed at Dkt. No. 171-1, incorporated by reference in this Order, Plaintiff, Erin McKenna, has Judgment against Defendants Santander Investment Securities, Inc., and Santander Holdings, USA, Inc., (collectively, "Santander") in the sum of $900,000. Judgment is not granted against Defendant, Omar Kariuki. IT IS ORDERED, ADJUDGED, AND DECREED that Final Judgment is hereby entered against Santander and in favor of Plaintiff, Erin McKenna, according to the terms of the Offer of Judgment. (Signed by Judge Denise L. Cote on 10/27/2022) (vfr)
October 27, 2022 Opinion or Order Filing 174 LETTER addressed to Judge Denise L. Cote from Valdi Licul dated October 27, 2022 re: Defendants' Proposed Order of Judgment. Document filed by Erin McKenna..(Licul, Valdi)
October 27, 2022 Opinion or Order Filing 173 LETTER addressed to Judge Denise L. Cote from Mitchell Boyarsky dated October 27, 2022 re: ECF No. 172 Proposed Order of Judgment. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit A - Rule 68 Offer of Judgment, #2 Exhibit B - Proposed Order of Judgment).(Boyarsky, Mitchell)
October 27, 2022 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #171 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (km)
October 27, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #172 Proposed Judgment was reviewed and approved as to form. (km)
October 26, 2022 Opinion or Order Filing 172 PROPOSED JUDGMENT. Re: Document No. #171 Notice of Acceptance with Offer of Judgment. Document filed by Erin McKenna..(Licul, Valdi) Proposed Judgment to be reviewed by Clerk's Office staff.
October 26, 2022 Opinion or Order Filing 171 NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Erin McKenna. (Attachments: #1 Exhibit Offer of Judgment).(Licul, Valdi)
October 26, 2022 Opinion or Order Filing 170 MEMO ENDORSEMENT on re: #169 Letter filed by Erin McKenna. ENDORSEMENT: The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 10/26/2022) (vfr)
October 26, 2022 Opinion or Order Filing 169 LETTER addressed to Judge Denise L. Cote from Valdi Licul dated October 26, 2022 re: Acceptance of Offer of Judgment. Document filed by Erin McKenna..(Licul, Valdi)
October 26, 2022 Opinion or Order Filing 168 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Erin McKenna. (Attachments: #1 Exhibit Offer of Judgment).(Licul, Valdi) Modified on 10/26/2022 (km).
October 26, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Notice to attorney Valdi Licul re: Document No. #168 Notice of Acceptance with Offer of Judgment. The filing is deficient for the following reason(s): the proposed judgment was not filed. Refile the Offer of judgment with the acceptance. Then immediately file the proposed judgment using the event type Proposed Judgment located under the event list Proposed Orders. (km)
October 21, 2022 Opinion or Order Minute Entry for proceedings held before Judge Denise L. Cote: Final Pretrial Conference held on 10/21/2022. (Court Reporter Pamela Utter) (jwh)
October 18, 2022 Opinion or Order Filing 167 NOTICE of Application for Authorization to Bring Personal Electronic Devices into the Courtroom. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 29, 2022 Opinion or Order Filing 166 ORDER denying #165 Letter Motion for Extension of Time. Denied. The trial will continue on Election Day. (Signed by Judge Denise L. Cote on 9/29/2022) (vfr)
September 29, 2022 Opinion or Order Filing 165 LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Mitchell Boyarsky dated 9/29/2022. Document filed by Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 23, 2022 Opinion or Order Filing 164 ORDER granting #163 Letter Motion to Adjourn Conference. Accordingly, it is hereby ORDERED that a final pretrial conference is adjourned to October 21, 2022 at 3:00 P.M. in Courtroom 18B, 500 Pearl Street, New York, NY 10007. IT IS FURTHER ORDERED that the trial in this action will commence on November 7, 2022. Final Pretrial Conference set for 10/21/2022 at 03:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 9/23/2022) (ate)
September 23, 2022 Opinion or Order Filing 163 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Valdi Licul dated September 23, 2022. Document filed by Erin McKenna..(Licul, Valdi)
September 23, 2022 Opinion or Order Set/Reset Deadlines: Ready for Trial by 11/7/2022. (ate)
September 22, 2022 Opinion or Order Filing 162 ORDER: A jury trial in the above-captioned action has been placed on the trial ready calendar for the week of October 24, 2022. It is hereby ORDERED that a final pretrial conference will occur on September 29, 2022 at 2:00 P.M. in Courtroom 18B, 500 Pearl Street, New York, NY 10007., ( Ready for Trial by 10/24/2022., Final Pretrial Conference set for 9/29/2022 at 02:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/22/2022) (ama)
September 20, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Settlement Conference held on 9/20/2022. (Quinn, Diane)
September 20, 2022 Opinion or Order Filing 161 REQUEST TO CHARGE. Document filed by Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 20, 2022 Opinion or Order Filing 160 REQUEST FOR VOIR DIRE. Document filed by Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 20, 2022 Opinion or Order Filing 159 PRETRIAL MEMORANDUM. Document filed by Erin McKenna..(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 158 MEMORANDUM OF LAW in Opposition re: #139 MOTION in Limine . . Document filed by Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Affidavit Of Mitchell Boyarsky in Support of Opposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D).(Boyarsky, Mitchell)
September 20, 2022 Opinion or Order Filing 157 Objection re: #132 Proposed Jury Instructions . Document filed by Erin McKenna..(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 156 DECLARATION of Valdi Licul in Opposition re: #116 MOTION in Limine to Exclude Irrelevant and Unfairly Prejudicial Documents and Testimony Regarding Statements Made By Bill Garvey Concerning Omar Kariuki's Character, Testimony Regarding Other Unrelated Discrimination Matters Against Santande. Document filed by Erin McKenna. (Attachments: #1 Exhibit 1 - Kariuki Deposition, #2 Exhibit 2 - Chart of Possible Hires, #3 Exhibit 3 - Barker Mid-Year Review, #4 Exhibit 4 - McKenna Deposition, #5 Exhibit 5 - Minuesa Deposition, #6 Exhibit 6 - Garvey Deposition, #7 Exhibit 7 - Minuesa/Kariuki Emails, #8 Exhibit 8 - Zaccagnino/Kariuki Emails, #9 Exhibit 9 - Further Emails, #10 Exhibit 10 - Further Emails, #11 Exhibit 11 - Yahn/Kariuki Emails, #12 Exhibit 12 - Yahn Deposition).(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 155 MEMORANDUM OF LAW in Opposition re: #123 MOTION in Limine TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING THE QUALIFICATIONS AND ASSESSMENTS OF EMPLOYEES OUTSIDE FIXED INCOME, INVESTMENT GRADE SALES GROUP. . Document filed by Erin McKenna..(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 154 DECLARATION of Valdi Licul in Opposition re: #116 MOTION in Limine to Exclude Irrelevant and Unfairly Prejudicial Documents and Testimony Regarding Statements Made By Bill Garvey Concerning Omar Kariuki's Character, Testimony Regarding Other Unrelated Discrimination Matters Against Santande. Document filed by Erin McKenna. (Attachments: #1 Exhibit 1 - Garvey Text Messages, #2 Exhibit 2 - Kao Deposition).(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 153 MEMORANDUM OF LAW in Opposition re: #116 MOTION in Limine to Exclude Irrelevant and Unfairly Prejudicial Documents and Testimony Regarding Statements Made By Bill Garvey Concerning Omar Kariuki's Character, Testimony Regarding Other Unrelated Discrimination Matters Against Santande . Document filed by Erin McKenna..(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 152 DECLARATION of Valdi Licul in Opposition re: #126 MOTION in Limine TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING OMAR KARIUKIS EMPLOYMENT STATUS.. Document filed by Erin McKenna. (Attachments: #1 Exhibit 1 - Discovery Response, #2 Exhibit 2 - Emails, #3 Exhibit 3 - LinkedIn Post).(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 151 MEMORANDUM OF LAW in Opposition re: #126 MOTION in Limine TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING OMAR KARIUKIS EMPLOYMENT STATUS. . Document filed by Erin McKenna..(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 150 DECLARATION of Valdi Licul in Opposition re: #113 MOTION in Limine to Exclude An Audio Recording and Related Testimony Concerning Brian Molinari Post-Termination Communications.. Document filed by Erin McKenna. (Attachments: #1 Exhibit 1 - McKenna Deposition).(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 149 MEMORANDUM OF LAW in Opposition re: #113 MOTION in Limine to Exclude An Audio Recording and Related Testimony Concerning Brian Molinari Post-Termination Communications. . Document filed by Erin McKenna..(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 148 DECLARATION of Valdi Licul in Opposition re: #128 MOTION in Limine TO EXCLUDE THE TESTIMONY OF FRANCIS MCKENNA.. Document filed by Erin McKenna. (Attachments: #1 Exhibit 1 - McKenna Deposition, #2 Exhibit 2 - Emails).(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 147 MEMORANDUM OF LAW in Opposition re: #128 MOTION in Limine TO EXCLUDE THE TESTIMONY OF FRANCIS MCKENNA. . Document filed by Erin McKenna..(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 146 DECLARATION of Valdi Licul in Opposition re: #119 MOTION in Limine TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING THE CLAIMS DISMISSED ON SUMMARY JUDGMENT.. Document filed by Erin McKenna. (Attachments: #1 Exhibit 1 - 2018-2019 Bonuses, #2 Exhibit 2 - McKenna Email, #3 Exhibit 3 - Internal Emails, #4 Exhibit 4 - McKenna/Garvey Text Messages).(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 145 MEMORANDUM OF LAW in Opposition re: #119 MOTION in Limine TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING THE CLAIMS DISMISSED ON SUMMARY JUDGMENT. . Document filed by Erin McKenna..(Licul, Valdi)
September 20, 2022 Opinion or Order Filing 144 MEMORANDUM OF LAW in Opposition re: #131 MOTION in Limine TO EXCLUDE PLAINTIFFS DEPOSITION TESTIMONY IN HER CASE IN CHIEF AS A SUBSTITUTE FOR LIVE TRIAL TESTIMONY. . Document filed by Erin McKenna..(Licul, Valdi)
September 19, 2022 Opinion or Order Filing 143 LETTER addressed to Magistrate Judge Ona T. Wang from Valdi Licul dated September 19, 2022 re: Devices for Settlement Conference. Document filed by Erin McKenna..(Licul, Valdi)
September 15, 2022 Opinion or Order Filing 142 ORDER: On September 13, 2022, the plaintiff filed a motion in limine, and the defendants filed motions in limine. Accordingly, it is hereby ORDERED that any oppositions to motions in limine are due September 20, 2022. ( Responses due by 9/20/2022) (Signed by Judge Denise L. Cote on 9/15/2022) (vfr)
September 13, 2022 Opinion or Order Filing 141 DECLARATION of Valdi Licul in Support re: #139 MOTION in Limine .. Document filed by Erin McKenna. (Attachments: #1 Exhibit 1 - Expert Report of Dr. Dawn Hughes).(Licul, Valdi)
September 13, 2022 Opinion or Order Filing 140 MEMORANDUM OF LAW in Support re: #139 MOTION in Limine . . Document filed by Erin McKenna..(Licul, Valdi)
September 13, 2022 Opinion or Order Filing 139 MOTION in Limine . Document filed by Erin McKenna..(Licul, Valdi)
September 13, 2022 Opinion or Order Filing 138 PROPOSED JURY INSTRUCTIONS. Document filed by Erin McKenna..(Licul, Valdi)
September 13, 2022 Opinion or Order Filing 137 PROPOSED VOIR DIRE QUESTIONS. Document filed by Erin McKenna..(Licul, Valdi)
September 13, 2022 Opinion or Order Filing 136 AFFIDAVIT of Christina Yahn in Support re: #134 Pretrial Memorandum. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit 1 - press release 7.15.2021, #2 Exhibit 2 - Amherst Pierpoint).(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 135 AFFIDAVIT of Mitchell Boyarsky in Support re: #134 Pretrial Memorandum. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit A - PNC Offer Letter, #2 Exhibit B - Santander 2021 W2).(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 134 PRETRIAL MEMORANDUM. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 133 PROPOSED VOIR DIRE QUESTIONS. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 132 PROPOSED JURY INSTRUCTIONS. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 131 MOTION in Limine TO EXCLUDE PLAINTIFFS DEPOSITION TESTIMONY IN HER CASE IN CHIEF AS A SUBSTITUTE FOR LIVE TRIAL TESTIMONY. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 130 NOTICE of MOTION IN LIMINE TO EXCLUDE PLAINTIFFS DEPOSITION TESTIMONY IN HER CASE IN CHIEF AS A SUBSTITUTE FOR LIVE TRIAL TESTIMONY. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 129 AFFIDAVIT of Mitchell Boyarsky in Support re: #128 MOTION in Limine TO EXCLUDE THE TESTIMONY OF FRANCIS MCKENNA.. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit A - 2021.09.28 Plaintiff's Rule 26(a) Disclosures, #2 Exhibit B - 2021.09.28 Plaintiff's Responses to Santander's First Interrogatories, #3 Exhibit C - 2022.02.23 Pl Supp Resp to Santander 1st INT, #4 Exhibit D - 2022.05.16 Pl 2nd Supp Resp to Santander 1st INT).(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 128 MOTION in Limine TO EXCLUDE THE TESTIMONY OF FRANCIS MCKENNA. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 127 NOTICE of MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF FRANCIS MCKENNA. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 126 MOTION in Limine TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING OMAR KARIUKIS EMPLOYMENT STATUS. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 125 NOTICE of MOTION IN LIMINE TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING OMAR KARIUKIS EMPLOYMENT STATUS. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 124 AFFIDAVIT of Mitchell Boyarsky in Support re: #123 MOTION in Limine TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING THE QUALIFICATIONS AND ASSESSMENTS OF EMPLOYEES OUTSIDE FIXED INCOME, INVESTMENT GRADE SALES GROUP.. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit A - Rank Docment DFENDANTS010850, #2 Exhibit B - Rank Docment DFENDANTS010850).(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 123 MOTION in Limine TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING THE QUALIFICATIONS AND ASSESSMENTS OF EMPLOYEES OUTSIDE FIXED INCOME, INVESTMENT GRADE SALES GROUP. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 122 PROPOSED PRE-TRIAL ORDER. Document filed by Erin McKenna..(Licul, Valdi)
September 13, 2022 Opinion or Order Filing 121 NOTICE of MOTION IN LIMINE TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING THE QUALIFICATIONS AND ASSESSMENTS OF EMPLOYEES OUTSIDE FIXED INCOME, INVESTMENT GRADE SALES GROUP. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 120 AFFIDAVIT of Mitchell Boyarsky in Support re: #119 MOTION in Limine TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING THE CLAIMS DISMISSED ON SUMMARY JUDGMENT.. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit A - text messages, #2 Exhibit B - email from Baer, #3 Exhibit C - email from Molinari, #4 Exhibit D - Letter from Westmed Medical Group, #5 Exhibit E - Letter from Westmed Medical, #6 Exhibit F - Westmed Medical, #7 Exhibit G - Email from Karluki, #8 Exhibit H - text message, #9 Exhibit I - text message, #10 Exhibit J - depo excerpts, #11 Exhibit K - financials, #12 Exhibit L - text messages).(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 119 MOTION in Limine TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING THE CLAIMS DISMISSED ON SUMMARY JUDGMENT. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 118 NOTICE of MOTION IN LIMINE TO EXCLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL DOCUMENTS AND TESTIMONY REGARDING THE CLAIMS DISMISSED ON SUMMARY JUDGMENT. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 117 AFFIDAVIT of Mitchell Boyarsky in Support re: #116 MOTION in Limine to Exclude Irrelevant and Unfairly Prejudicial Documents and Testimony Regarding Statements Made By Bill Garvey Concerning Omar Kariuki's Character, Testimony Regarding Other Unrelated Discrimination Matters Against Santande. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit A - PL 1813-1816, #2 Exhibit B - PL 605-660, #3 Exhibit C - Bonus Payments, #4 Exhibit D - Text Messages, #5 Exhibit E - Text Messages, #6 Exhibit F - CIB US Markets Org Chart, #7 Exhibit G - Excerpts from Laura Kao Depo).(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 116 MOTION in Limine to Exclude Irrelevant and Unfairly Prejudicial Documents and Testimony Regarding Statements Made By Bill Garvey Concerning Omar Kariuki's Character, Testimony Regarding Other Unrelated Discrimination Matters Against Santander, and Text Messages And Testimony From Laura Kao Concerning Hearsay Statements From An Unknown Individual As Well As Suggestions Concerning Santander's Maternity Benefits and Improvements to Santander's Lactation Room. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 115 NOTICE of Defendants' Omnibus Motion in Limine to Exclude Irrelevant and Unfairly Prejudicial Documents and Testimony Regarding Statements Made By Bill Garvey Concerning Omar Kariuki's Character, Testimony Regarding Other Unrelated Discrimination Matters Against Santander, and Text Messages And Testimony From Laura Kao Concerning Hearsay Statements From An Unknown Individual As Well As Suggestions Concerning Santander's Maternity Benefits and Improvements to Santander's Lactation Room. Document filed by Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 114 AFFIDAVIT of Mitchell Boyarsky in Support re: #113 MOTION in Limine to Exclude An Audio Recording and Related Testimony Concerning Brian Molinari Post-Termination Communications.. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit A - Santander 1st RFP, #2 Exhibit B - Pl Resp to Santander 1st RFP, #3 Exhibit C - PL 001719, #4 Exhibit D - PL 001887, #5 Exhibit E - DN74 Order granting 73, #6 Exhibit F - Affidavit of Brian Molinari, #7 Exhibit G - Brian Molinari letter).(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 113 MOTION in Limine to Exclude An Audio Recording and Related Testimony Concerning Brian Molinari Post-Termination Communications. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
September 13, 2022 Opinion or Order Filing 112 NOTICE of Defendants' Motion in Limine to Exclude An Audio Recording and Related Testimony Concerning Brian Molinari Post-Termination Communications. Document filed by Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
August 23, 2022 Opinion or Order Filing 111 ORDER: granting #109 Letter Motion for Extension of Time. Granted. Pretrial Order due by 9/13/2022. (Signed by Judge Denise L. Cote on 8/11/2022) (ama)
August 10, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 8/10/2022. (Quinn, Diane)
August 10, 2022 Opinion or Order Filing 110 NOTICE of Withdrawal of Ariel H. Roberson as Counsel for Defendants. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
August 10, 2022 Opinion or Order Filing 109 LETTER MOTION for Extension of Time to file the Joint Pretrial Order and other required pretrial filings (without opposition) addressed to Judge Denise L. Cote from Mitchell Boyarsky dated 08/10/2022. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
August 2, 2022 Opinion or Order Filing 108 MEMO ENDORSEMENT on re: #107 Letter filed by Erin McKenna. ENDORSEMENT: Any request for clarification can be made at the final pretrial conference. (Signed by Judge Denise L. Cote on 8/2/2022) (vfr)
August 1, 2022 Opinion or Order Filing 107 LETTER addressed to Judge Denise L. Cote from Valdi Licul dated August 1. 2022 re: Clarification on the Court's Recent Order. Document filed by Erin McKenna..(Licul, Valdi)
July 28, 2022 Opinion or Order Filing 106 PRETRIAL SCHEDULING ORDER: Having denied in part the defendants' motion for summary judgment, the following schedule shall govern the further conduct of pretrial proceedings in this case: 1. The Joint Pretrial Order must be filed by September 6, 2022. As described in greater detail in this Court's Individual Practices in Civil Cases, the following documents must be filed with the Pretrial Order, as further set forth herein. 2. The case is placed on the October 2022 trial ready calendar. You must be ready to proceed on 24 hours notice. You may contact the Deputy Clerk, Jared Whertvine, to learn where your case stands on the calendar. IT IS ORDERED that the following procedures shall govern the conduct of the trial. ( As further set forth in this Order.) SO ORDERED. Pretrial Order due by 9/6/2022. (Signed by Judge Denise L. Cote on 7/28/2022) (vfr)
July 28, 2022 Opinion or Order Filing 105 OPINION AND ORDER re: #64 MOTION for Summary Judgment . filed by Santander Investment Securities, Inc., Santander Holdings USA, Inc., Omar Kariuki. The Defendants' March 28 motion for summary judgment is granted in part. The Defendants are granted summary judgment on the following claims: (1) Discrimination in violation of Title VII and the PDA against Santander; (2) Retaliation in violation of Title VII against Santander; (3) Discrimination in violation of ADA against Santander; (4) Retaliation in violation of ADA against Santander; (5) Aiding and abetting claim in violation of NYSHRL against Kariuki; (6) Aiding and abetting under NYCHRL against Kariuki; (7) Disability discrimination in violation of NYSHRL against all Defendants; (8) Disability discrimination in violation of NYCHRL against all Defendants; (9) Interference under the FMLA against all Defendants. The following claims will proceed to trial: (1) Discrimination in violation of NYSHRL as to the 2019 pregnancy against all Defendants; (2) Retaliation in violation of NYSHRL against all Defendants; (3) Discrimination in violation of NYCHRL as to the 2019 pregnancy against all Defendants; (4) Retaliation in violation of the NYCHRL against all Defendants; (5) Retaliation under the FMLA against all Defendants. (Signed by Judge Denise L. Cote on 7/28/2022) (vfr)
July 15, 2022 Opinion or Order Filing 104 AFFIDAVIT of Terrie Aoki in Opposition re: #99 MOTION to Strike Document No. [68, 91, 91-1] .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
July 15, 2022 Opinion or Order Filing 103 MEMORANDUM OF LAW in Opposition re: #99 MOTION to Strike Document No. [68, 91, 91-1] . . Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
June 30, 2022 Opinion or Order Filing 102 LETTER MOTION for Extension of Time to File Response/Reply as to #99 MOTION to Strike Document No. [68, 91, 91-1] . with Plaintiff's consent addressed to Judge Denise L. Cote from Mitch Boyarsky dated 06/30/2022. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
June 21, 2022 Opinion or Order Filing 101 DECLARATION of Valdi Licul in Support re: #99 MOTION to Strike Document No. [68, 91, 91-1] .. Document filed by Erin McKenna. (Attachments: #1 Exhibit Defendants' Answers to Plaintiff's First Set of Interrogatories, #2 Exhibit Defendants' Supplemental Answers to Plaintiff's First Set of Interrogatories, #3 Exhibit Discovery Requests re Work from Home, #4 Exhibit May 12, 2022 Letter encl. Supplemental Production).(Licul, Valdi)
June 21, 2022 Opinion or Order Filing 100 MEMORANDUM OF LAW in Support re: #99 MOTION to Strike Document No. [68, 91, 91-1] . . Document filed by Erin McKenna..(Licul, Valdi)
June 21, 2022 Opinion or Order Filing 99 MOTION to Strike Document No. [68, 91, 91-1] . Document filed by Erin McKenna..(Licul, Valdi)
June 15, 2022 Opinion or Order Filing 98 SCHEDULING ORDER: A pre-settlement conference telephone call was held in this matter on Tuesday, June 14, 2022. In accordance with the Court's instructions and orders on that call, it is now hereby: ORDERED that an in-person Settlement Conference will be held on September 20, 2022 at 2:00 p.m. at the Daniel Patrick Moynihan Courthouse, 500 Pearl St., Courtroom 20D. Counsel shall review and comply with the Court's Individual Rules of Practice in Civil Cases VI upon receipt of this Scheduling Order. It is further ORDERED that the parties' Ex Parte Settlement Conference Summary Forms and Letters shall be submitted by September 13, 2022. Settlement Conference set for 9/20/2022 at 02:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 6/15/2022) (rro)
June 15, 2022 Opinion or Order Filing 97 SCHEDULING ORDER: The Court will hold a PreSettlement Conference Scheduling Call on August 10, 2022, at 1:00 p.m. The dial in information is (866) 3901828, access code 1582687. Telephone Conference set for 8/10/2022 at 01:00 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 6/15/2022) (rro)
June 14, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 6/14/2022. (Quinn, Diane)
May 31, 2022 Opinion or Order Filing 96 SCHEDULING ORDER granting #95 Letter Motion for Conference re: #95 LETTER MOTION for Conference re Pre-Settlement addressed to Magistrate Judge Ona T. Wang from Mitch Boyarsky dated 05/27/2022. The Court will hold a Pre-Settlement Conference Scheduling Call on Tuesday, June 14, 2022, at 4:00 p.m. The dial in information is (866) 390-1828, access code 1582687.The Clerk of Court is respectfully directed to close ECF 95. Telephone Conference set for 6/14/2022 at 04:00 PM before Magistrate Judge Ona T. Wang.. (Signed by Magistrate Judge Ona T. Wang on 5/31/2022) (rro)
May 27, 2022 Opinion or Order Filing 95 LETTER MOTION for Conference re Pre-Settlement addressed to Magistrate Judge Ona T. Wang from Mitch Boyarsky dated 05/27/2022. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
May 26, 2022 Opinion or Order Filing 94 ORDER granting #93 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 5/26/2022) (vfr)
May 26, 2022 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 6/17/2022. (vfr)
May 17, 2022 Opinion or Order Filing 93 LETTER MOTION for Extension of Time unopposed by Defendants addressed to Judge Denise L. Cote from Valdi Licul dated May 17, 2022. Document filed by Erin McKenna..(Licul, Valdi)
May 11, 2022 Opinion or Order Filing 92 AFFIDAVIT of Omar Kariuki in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
May 11, 2022 Opinion or Order Filing 91 AFFIDAVIT of Frank Cignarella in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit 1 - project plan document called SIS & BSNY Executive Risk Committee).(Boyarsky, Mitchell)
May 11, 2022 Opinion or Order Filing 90 AFFIDAVIT of Barry Sherman in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
May 11, 2022 Opinion or Order Filing 89 AFFIDAVIT of Brian Molinari in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
May 11, 2022 Opinion or Order Filing 88 AFFIDAVIT of Mitchell Boyarsky in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit 71 - Defendants Answer to Plaintiffs Amended Complaint., #2 Exhibit 72 - email communications with attached sales credits and performance for the year 2020 through August 31, 2020, #3 Exhibit 73 - additional deposition pages of Omar Kariuki., #4 Exhibit 74 - text messages between Mckenna and Garvey during the time she was a job candidate and concerning her compensation, #5 Exhibit 75 - text message sent by McKenna dated January 23, 2020, acknowledging her sales activity., #6 Exhibit 76 - McKennas 2019 mid-year review, #7 Exhibit 77 - additional deposition transcript pages of William Garveys deposition, #8 Exhibit 78 - sales report spreadsheet attached to a September 28, 2020 email Kariuki forwarded to Christina Yahn., #9 Exhibit 79 - June 26, 2019 email from Kariuki regarding candidates for IG Sales., #10 Exhibit 80 - Thomas Steckroths resume, #11 Exhibit 81 - deposition transcript pages of Kristin Foley's deposition, #12 Exhibit 82 - text message sent by McKenna to a co-worker in 2020 related to her 2018 bonus., #13 Exhibit 83 - Thomas Steckroths 2019 annual performance review, #14 Exhibit 84 - email sent from Kariuki on July 16, 2019 concerning extending an offer to Steckroth., #15 Exhibit 85 - email sent from McKenna on August 1, 2018 concerning the sales report., #16 Exhibit 86 - November 27, 2020 sales credits spreadsheet, #17 Exhibit 87 - additional deposition transcript pages of Siobhan Donnellys deposition, #18 Exhibit 88 - sales credits and performance for the year 2020 through November 25, 2020, #19 Exhibit 89 - email communications with attached sales credits and performance for the year 2019 through December 30, 2019).(Boyarsky, Mitchell)
May 11, 2022 Opinion or Order Filing 87 RULE 56.1 STATEMENT. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
May 11, 2022 Opinion or Order Filing 86 REPLY to Response to Motion re: #64 MOTION for Summary Judgment . . Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
May 10, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 5/10/2022. (Quinn, Diane)
May 10, 2022 Opinion or Order Filing 85 ORDER. The parties shall continue to engage in settlement discussions and submit a joint letter by May 27, 2022, informing the Court if they would like to have another Pre-Settlement Conference Scheduling Call. The parties shall include in the joint letter three dates in the weeks of June 6, 2022 and June 13, 2022 during which they are available to have the call. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (sfh)
April 29, 2022 Opinion or Order Filing 84 SCHEDULING ORDER granting #83 Letter Motion to Adjourn Conference. The in-person Settlement Conference scheduled for May 10, 2022 at 2:30 p.m. is adjourned sine die. Instead, the Court will hold a Pre-Settlement Conference Scheduling Call on Tuesday, May 10, 2022 at 2:30 p.m. The dial in information is (866) 390-1828, access code 1582687. No settlement submissions are due in advance of the Pre-Settlement Conference Call. The Clerk of Court is respectfully directed to close ECF 83. Telephone Conference set for 5/10/2022 at 02:30 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 4/29/2022) (rro) Modified on 4/29/2022 (rro).
April 26, 2022 Opinion or Order Filing 83 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from Mitchell Boyarsky dated 04/26/2022. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
April 20, 2022 Opinion or Order Filing 82 MEMORANDUM OF LAW in Opposition re: #64 MOTION for Summary Judgment . . Document filed by Erin McKenna..(Licul, Valdi)
April 20, 2022 Opinion or Order Filing 81 COUNTER STATEMENT TO #70 Rule 56.1 Statement. Document filed by Erin McKenna..(Licul, Valdi)
April 20, 2022 Opinion or Order Filing 80 DECLARATION of Erin McKenna in Opposition re: #64 MOTION for Summary Judgment .. Document filed by Erin McKenna..(Licul, Valdi)
April 20, 2022 Opinion or Order Filing 79 DECLARATION of Valdi Licul in Opposition re: #64 MOTION for Summary Judgment .. Document filed by Erin McKenna. (Attachments: #1 Exhibit Kariuki Test Results, #2 Exhibit Deposition of Thomas Steckroth (Excerpt), #3 Exhibit Deposition of Juan Minuesa (Excerpt), #4 Exhibit Work from Home Attestation, #5 Exhibit Deposition of William Garvey (Excerpt), #6 Exhibit Email Chain re McKennas Termination, #7 Exhibit Conversation re Inappropriate Pricing, #8 Exhibit Barkers 2020 Mid-Year Review, #9 Exhibit Deposition of Erin McKenna (Excerpt), #10 Exhibit Deposition of Omar Kariuki (Excerpt), #11 Exhibit Deposition of Siobhan Donnelly, Psy.D. (Excerpt), #12 Exhibit Email re McKennas Diminished Performance, #13 Exhibit Email re Ranking McKenna, #14 Exhibit Barkers 2019 Annual Assessment, #15 Exhibit Bonus Pay-outs, #16 Exhibit Emails re Medical Documentation, #17 Exhibit Emails re Pregnancy Accommodation Forms, #18 Exhibit Emails re Potential Car Service Accommodation, #19 Exhibit Email re Taking Healions Accounts, #20 Exhibit Email re Losing Clients During Maternity Leave, #21 Exhibit Email re Draft of Complaint re Losing Clients During Maternity Leave, #22 Exhibit Texts re Santander Taking Away McKennas Accounts, #23 Exhibit Email re IG Teams Performance, #24 Exhibit Emails re McKennas Accounts, #25 Exhibit Santanders Rewards and Benefits Policy, #26 Exhibit Feb. 8. 2019 Chart re IG Sales Team, #27 Exhibit Deposition of Laura Kao (Excerpt), #28 Exhibit Deposition of Christina Yahn (Excerpt), #29 Exhibit Email re Melissa Zaccagnino, #30 Exhibit Email re Concerns Over McKennas Absence for Maternity Leave, #31 Exhibit Emails re Market Openings, #32 Exhibit Email re Interviewing Kristin Foley, #33 Exhibit Email re Garvey Not Counting Voice Trades, #34 Exhibit Emails re US IG Secondary Sales Credits, #35 Exhibit Deposition of Kristin Foley (Excerpt), #36 Exhibit Emails re the Restructure, #37 Exhibit Email re US IG Secondary Sales Credits Feb. 24, 2020, #38 Exhibit Call Recording, #39 Exhibit Memo re McKennas Termination, #40 Exhibit Emails re Termination of Dearborn, #41 Exhibit Notes re Job Candidates, #42 Exhibit Chart re Top 25 IG Secondary Accounts, #43 Exhibit Bloomberg Messages re McKennas Accounts, #44 Exhibit McKennas Resume, #45 Exhibit McKennas Personnel File from National Bank, #46 Exhibit Late 2018 Medical Documentation, #47 Exhibit Feb. 2019 Medical Documentation, #48 Exhibit Feb. 3, 2019 Medical Documentation, #49 Exhibit Feb. 13, 2019 Medical Documentation, #50 Exhibit Email re Congratulating McKenna, #51 Exhibit Feb. 11, 2022 Medical Documentation, #52 Exhibit March 21, 2019 Doctors Note, #53 Exhibit Physicians Certification re Pregnancy Accommodations, #54 Exhibit March 27, 2019 Hospitalization Records, #55 Exhibit April 24, 2019 Medical Records, #56 Exhibit Email re Medical Condition, #57 Exhibit Email re Barker Taking Accounts During Medical Leave, #58 Exhibit May 5, 2019 Medical Records, #59 Exhibit Email re Vanguard Account, #60 Exhibit Emails re Ranking Team Members, #61 Exhibit Oct. 2019 Emails re Zaccagninos Doctors Appointments, #62 Exhibit Nov. 2019 Emails re Zaccagninos Doctors Appointments, #63 Exhibit Emails re Zaccagninos Leaving for Ultrasound, #64 Exhibit Barkers 2019 Mid-Year Review, #65 Exhibit Emails re Zaccagninos Maternity Leave Coverage, #66 Exhibit Email re Congratulating McKenna, #67 Exhibit Steckroths 2020 Mid-Year Review, #68 Exhibit Email re Kristin Foley, #69 Exhibit Email re McKennas Termination, #70 Exhibit Emails re the action(s) we discussed, #71 Exhibit Text re Childcare Inquiry, #72 Exhibit Oct. 28, 2020 Chart re Sales Credit US IG NY, #73 Exhibit Emails re Hiring Kristin Foley, #74 Exhibit McKennas 2019 Mid-Year Review, #75 Exhibit Kristin Foleys Resume, #76 Exhibit Nov. 11, 2020 Chart re Sales Credit US IG NY, #77 Exhibit Spreadsheets re Steckroths Deal).(Licul, Valdi)
April 14, 2022 Opinion or Order Filing 78 ORDER granting #77 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 4/14/2022) (vfr)
April 14, 2022 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 5/18/2022. (vfr)
April 13, 2022 Opinion or Order Filing 77 LETTER MOTION for Extension of Time of the expert discovery deadline - without opposition - addressed to Judge Denise L. Cote from Mitch Boyarsky dated 04/13/2022. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
April 12, 2022 Opinion or Order Filing 76 ORDER granting #75 Letter Motion for Leave to File Excess Pages. Granted. (Signed by Judge Denise L. Cote on 4/12/2022) (vfr)
April 11, 2022 Opinion or Order Filing 75 LETTER MOTION for Leave to File Excess Pages addressed to Judge Denise L. Cote from Valdi Licul dated April 11, 2022. Document filed by Erin McKenna..(Licul, Valdi)
March 31, 2022 Opinion or Order Filing 74 ORDER granting #73 Letter Motion for Leave to File Document. Approved. (Signed by Judge Denise L. Cote on 3/31/2022) (vfr)
March 31, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 4/20/2022 (vfr)
March 30, 2022 Opinion or Order Filing 73 LETTER MOTION for Leave to File Audio Recording addressed to Judge Denise L. Cote from Valdi Licul dated March 30, 2022. Document filed by Erin McKenna..(Licul, Valdi)
March 29, 2022 Opinion or Order Filing 72 AFFIDAVIT of Mitchell Boyarsky in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit 63 - copy of deposition pages of Siobhan Donnelly, #2 Exhibit 64 - copy of deposition pages of William Garvey, #3 Exhibit 65 - copy of deposition pages of Laura Keo, #4 Exhibit 66 - copy of deposition pages of Omar Kariuki, #5 Exhibit 67 - copy of deposition pages of Erin McKenna, #6 Exhibit 68 - copy of deposition pages of Juan Mineusa, #7 Exhibit 69 - copy of deposition pages of Thomas Steckroth, #8 Exhibit 70 - copy of deposition pages of Christina Yahn).(Boyarsky, Mitchell)
March 28, 2022 Opinion or Order Filing 71 AFFIDAVIT of Mitchell Boyarsky in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Exhibit 1 - SISs Front Office Policy & Procedure Santander Investment Securities dated April 2019, #2 Exhibit 2 - SISs Fixed Income Sales & Trading Front Office Manual Santander Investment Securities dated August 2019, #3 Exhibit 3 - SISs Equal Employment Opportunity policy, #4 Exhibit 4 - McKennas signed Employee At-Will Statue and Handbook Receipt Acknowledgement dated May 1, 2018, #5 Exhibit 5 - McKennas signed Acknowledgement of Receipt of Employee Handbook dated May 1, 2018, #6 Exhibit 6 - Omar Kariukis resume, #7 Exhibit 7 - William Garveys resume, #8 Exhibit 8 - Santander Corporate and Investment Bankings (CIB) US Markets Organizational Chart from March 2021, #9 Exhibit 9 - FINRA Rule 3110, #10 Exhibit 10 - email sent by Terrie Aoki on March 11, 2019 regarding the Business Continuity Plan (BCP) Work From Home attestation, #11 Exhibit 11 - BCP Work From Home Attestation, #12 Exhibit 12 - Santander Holdings, USA, Inc. (SHUSA)s 2018 Annual Incentive Plan, #13 Exhibit 13 - SHUSAs 2019 Annual Incentive Plan, #14 Exhibit 14 - SHUSAs 2020 Annual Incentive Plan, #15 Exhibit 15 - Santander offer letter to Erin McKenna, #16 Exhibit 16 - institutional sales chart of the Fixed Income Sales Team, #17 Exhibit 17 - email sent from Beatriz Retamar to Erin McKenna on February 13, 2019 regarding her offer of employment with Santander, #18 Exhibit 18 - Amended Complaint, #19 Exhibit 19 - IG Sales Teams target and bonus awards in 2018 and 2019, #20 Exhibit 20 - copy of text message communications between Garvey and McKenna dated March 7, 2019 regarding when she can return to work, #21 Exhibit 21 - copy of an email communications sent by Garvey to Retamar dated March 8, 2019 concerning McKennas first pregnancy, #22 Exhibit 22 - copy of email communications dated March 12, 2019 through March 19, 2019 between human resources and McKenna regarding McKennas first pregnancy, #23 Exhibit 23 - copy of email communications between McKenna and human resources dated March 19, 2019 through March 22, 2019 between human resources and McKenna regarding McKennas first pregnancy, #24 Exhibit 24 - copy of a doctors note dated March 21, 2019 stating McKenna needs transportation, #25 Exhibit 25 - copy of McKennas pregnancy accommodation form, #26 Exhibit 26 - copy of email communications dated April 2, 2019 through April 3, 2019 with human resources concerning McKennas accommodation and McKenna being all good to commute., #27 Exhibit 27 - copy of a doctors note dated April 24, 2019 instructing McKenna to limit the number of times she commutes to work a week, #28 Exhibit 28 - copy of email communications from Kariuki dated May 6, 2019 regarding Barry Sherman covering McKennas accounts while she is out on maternity leave, #29 Exhibit 29 - copy of sales credits and performance for the year 2019, #30 Exhibit 30 - copy of the sales credits and performance for the year 2020 through August 31, 2020, #31 Exhibit 31 - copy of Thomas Steckroths resume, #32 Exhibit 32 - copy of an email sent by Garvey on October 30, 2019 commenting on the IG Sales Team members individual performance, #33 Exhibit 33 - copy of McKennas 2019 annual performance review, #34 Exhibit 34 - copy of McKennas 2020 mid-year performance review, #35 Exhibit 35 - copy of email communications from Garvey dated June 10, 2019 through June 11, 2019 concerning underperformance by IG Sales Team members, #36 Exhibit 36 - copy of email communications between Kariuki and Juan Minuesa from February 18, 2020 concerning the approval of headhunters for an upgrade to the IG Sales Team, #37 Exhibit 37 - copy of email communications dated April 22, 2020, discussing upgrades to the IG Sales Team and scheduling a meeting for April 29, 2020, #38 Exhibit 38 - copy of the final business rationale and severance decision form related to the structure and talent upgrade of the IG Sales Team in 2020, #39 Exhibit 39 - copy of Kristin Foleys resume, #40 Exhibit 40 - copy of a calendar invite from Kariuki scheduled a meeting on July 29, 2020 for a conversation between Kristin Foley and Garvey, #41 Exhibit 41 - copy of a calendar invite from Rosa Mussoi to Foley and Minuesa scheduling a call for August 5, 2020, #42 Exhibit 42 - copy of a calendar invite from Krishna Murali to Foley scheduling an interview on September 17, 2020, #43 Exhibit 43 - copy of an email sent from Murali on September 17, 2020 with feedback on the interview with Foley, #44 Exhibit 44 - copy of an email from Minuesa dated August 4, 2020, reminding Kariuki of the open items concerning the restructure of the IG Sales Team, #45 Exhibit 45 - copy of an email dated August 25, 2020 from Kariuki to Yahhn regarding scheduling a meeting to discuss the restructure to the IG Sales Team, #46 Exhibit 46 - copy of a calendar invitation for a September 1, 2020 meeting with Yahn, Kariuki and Minuesa to discuss the IG Sales Team restructure that was produced in native form, #47 Exhibit 47 - copy of sales credits reflecting the sales credits Steckroth received from a transaction on November 25, 2020, #48 Exhibit 48 - copy of documents concerning a transaction consummated by Steckroth in 2020, #49 Exhibit 49 - copy of email communications between Kariuki to Yahn dated September 2, 2020 through September 9, 2020 referencing their conversation from September 1, 2020 regarding the restructure and organizational chart, #50 Exhibit 50 - copy of a calendar invitation for the morning sales huddle scheduled for September 2, 2020 that was produced in native form, #51 Exhibit 51 - copy of email communications between McKenna and Yahn dated September 2, 2020 through September 17, 2020 where McKenna discloses her second pregnancy to Yahn, #52 Exhibit 52 - copy of text messages dated September 16, 2020, from Yahn to Shannon Cruz, another HRBP on Yahns team detailing the sequence of events leading up to McKennas announcement of her second pregnancy, #53 Exhibit 53 - copy of email communications from Kariuki to Yahn dated September 17, 2020 asking if anyone from his team has reached out to her about returning to office in preparation for their return, #54 Exhibit 54 - copy of email communications dated September 17, 2020 through September 21, 2020 between Kariuki and Yahn regarding employees continuing to work from home, #55 Exhibit 55 - copy of email communications dated September 28, 2020 through October 12, 2020 between Kariuki and Yahn regarding secondary trading sales and confirming restructure, #56 Exhibit 56 - copy of a Bloomberg conversation dated October 19, 2020 where McKenna announces her pregnancy to Kariuki, #57 Exhibit 57 - copy of the selection assessment form in connection with the restructure and talent upgrade of the IG Sales Team in 2020, #58 Exhibit 58 - copy of email communications dated September 18, 2020, discussing Foley as an IG Sales candidate, #59 Exhibit 59 - copy of email communications dated October 28, 2020 between Yahn and Kariuki regarding the restructure and talent upgrade of the IG Sales Team in 2020, #60 Exhibit 60 - copy of an email dated November 2, 2020 from Yahn to Brian Molinari from Employee Relations with the approved restructure documents, #61 Exhibit 61 - copy of the February 4, 2021, discrimination charge McKenna filed with the Equal Employment Opportunity Commission (the EEOC) and New York State Division of Human Rights, #62 Exhibit 62 - copy of the October 19, 2020 email Kariuki sent to Yahn almost immediately after McKenna disclosed her second pregnancy to him on October 19, 2020).(Boyarsky, Mitchell)
March 28, 2022 Opinion or Order Filing 70 RULE 56.1 STATEMENT. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 28, 2022 Opinion or Order Filing 69 AFFIDAVIT of Omar Kariuki in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 28, 2022 Opinion or Order Filing 68 AFFIDAVIT of David Headden in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 28, 2022 Opinion or Order Filing 67 AFFIDAVIT of Christina Yahn in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 28, 2022 Opinion or Order Filing 66 AFFIDAVIT of Beatriz Retamar in Support re: #64 MOTION for Summary Judgment .. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 28, 2022 Opinion or Order Filing 65 MEMORANDUM OF LAW in Support re: #64 MOTION for Summary Judgment . . Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 28, 2022 Opinion or Order Filing 64 MOTION for Summary Judgment . Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 28, 2022 Opinion or Order Filing 63 NOTICE of Defendants' Motion for Summary Judgment. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 16, 2022 Opinion or Order Filing 62 ORDER granting #61 Letter Motion for Extension of Time. Confirmed. Granted. Motions due by 3/28/2022. (Signed by Judge Denise L. Cote on 3/16/2022) (vfr)
March 16, 2022 Opinion or Order Filing 61 CONSENT LETTER MOTION for Extension of Time for Briefing Summary Judgement Motions addressed to Judge Denise L. Cote from Valdi Licul dated March 16, 2022. Document filed by Erin McKenna..(Licul, Valdi)
March 15, 2022 Opinion or Order Filing 60 ORDER granting #59 Letter Motion for Extension of Time. Granted. Motions due by 3/25/2022. (Signed by Judge Denise L. Cote on 3/15/2022) (vfr)
March 15, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 4/18/2022 Replies due by 5/9/2022. (vfr)
March 14, 2022 Opinion or Order Filing 59 CONSENT LETTER MOTION for Extension of Time to serve Defendants' Motion for Summary Judgment addressed to Judge Denise L. Cote from Mitch Boyarsky dated March 14, 2022. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 10, 2022 Opinion or Order Filing 58 ORDER granting #57 Letter Motion for Leave to File Excess Pages. Granted. (Signed by Judge Denise L. Cote on 3/10/2022) (vfr)
March 10, 2022 Opinion or Order Filing 57 CONSENT LETTER MOTION for Leave to File Excess Pages to the Memorandum of Law in Support of Defendants' Motion for Summary Judgment addressed to Judge Denise L. Cote from Mitch Boyarsky dated March 10, 2022. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 9, 2022 Opinion or Order Filing 56 ORDER: IT IS HEREBY ORDERED that the final pretrial conference scheduled for May 11 is adjourned sine die. (Signed by Judge Denise L. Cote on 3/9/2022) (vfr)
March 9, 2022 Opinion or Order Filing 55 ORDER granting #54 Letter Motion for Extension of Time. The trial is adjourned to the October trial ready calendar. (Signed by Judge Denise L. Cote on 3/9/2022) (vfr)
March 8, 2022 Opinion or Order Filing 54 JOINT LETTER MOTION for Extension of Time - requesting a continuance of the trial date addressed to Judge Denise L. Cote from Mitch Boyarsky dated 03/08/2022. Document filed by Omar Kariuki(in his individual capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
March 4, 2022 Opinion or Order Filing 53 ORDER: Accordingly, it is hereby ORDERED that the parties shall be prepared to proceed to trial the week of May 16, 2022. IT IS FURTHER ORDERED that a final pretrial conference will occur on May 11, 2022 at 2:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007. IT IS FURTHER ORDERED that the following procedures shall govern the conduct of the trial, as further set forth herein. IT IS FURTHER ORDERED that all individuals must practice social distancing at all times in the courthouse. Individuals also must wear an N95, KN95, or KN94 face mask, as further set forth herein. IT IS FURTHER ORDERED that parties are responsible for informing themselves of any modifications to SDNY COVID-19-related rules and procedures and adhering to all current rules and procedures for the duration of the trial, as further set forth herein. IT IS FURTHER ORDERED that the parties shall attempt to have documents to be used at trial, including trial exhibits, in electronic form, as further set forth herein.Accordingly, IT IS FURTHER ORDERED that by May 6,2022, counsel shall fill out the attached form and send it to this Court's Chambers email inbox Cotenysdchambers@nysd.uscourts.gov to request permission to bring any personal electronic devices or general purpose computing devices into the courthouse. (As further set forth in this Order.) SO ORDERED.( Ready for Trial by 5/16/2022., Final Pretrial Conference set for 5/11/2022 at 2:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 3/4/2022) (vfr) Modified on 10/26/2022 (vfr).
February 18, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #52 MOTION for Anita Wallace Thomas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25745715. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order;. 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. (aea)
February 17, 2022 Opinion or Order Filing 52 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Anita Wallace Thomas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25745715. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Omar Kariuki(in his individual capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing).(Wallace Thomas, Anita) Modified on 2/18/2022 (aea).
February 9, 2022 Opinion or Order Filing 51 ORDER granting #50 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 2/9/2022) (vfr)
February 9, 2022 Opinion or Order Filing 50 LETTER MOTION for Extension of Time - unopposed by Plaintiff - addressed to Judge Denise L. Cote from Mitch Boyarsky dated 02/09/2022. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
February 9, 2022 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 4/15/2022. (vfr)
February 8, 2022 Opinion or Order Filing 49 JOINT LETTER addressed to Judge Denise L. Cote from Valdi Licul dated February 8, 2022 re: Dkt. 48. Document filed by Erin McKenna..(Licul, Valdi)
January 21, 2022 Opinion or Order Filing 48 ORDER: It is hereby ORDERED that the parties shall consult and advise the Court by February 8, 2022 whether, should this case proceed to trial, all parties consent to a bench trial before this Court. Should there be a division of views among the parties, no one shall on any account advise the Court which party or parties has elected to proceed to trial before a jury. Should the parties decide to proceed to trial before a jury, this Court will advise the Clerk of Court that this case is ready for trial during the period May to June 2022. IT IS FURTHER ORDERED that the parties shall consult and advise the Court by February 8, 2022 whether all parties consent to have this case proceed to trial before a Magistrate Judge rather than before this Court. Should the parties elect to proceed before a Magistrate Judge, they should complete the attached Notice, Consent, and Reference of a Civil Action to a Magistrate Judge and submit it to the Clerk of Court. IT IS FURTHER ORDERED that, should the parties elect to proceed to trial before a jury (whether before this Court or a Magistrate Judge) they must advise the Court by February 8, 2022 of the following: As set forth herein. IT IS FURTHER ORDERED that, should the parties consent to a bench trial before this Court, they will consult and advise the Court by February 8, 2022, of three Mondays during the period May to June 2022 when they are prepared to begin that trial. The Court will attempt to accommodate the parties' choice of dates and give them notice by March 4, 2022 of the date of the trial. The Court will also schedule a conference with the parties to discuss how much of the bench trial may proceed remotely. (Signed by Judge Denise L. Cote on 1/21/2022) (Attachments: #1 Supplement Consent Form) (ama)
January 20, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 1/20/2022. (Quinn, Diane)
January 20, 2022 Opinion or Order Filing 47 SCHEDULING ORDER: The Court will hold an in-person Settlement Conference on May 10, 2022 at 2:30 p.m. at the Daniel Patrick Moynihan Courthouse, Courtroom 20D, 500 Pearl Street, New York, NY 10007. Counsel shall review and comply with the Court's Individual Rules of Practice in Civil Cases V upon receipt of this Scheduling Order. The parties' Ex Parte Settlement Conference Summary Forms and Letters shall be submitted by May 3, 2022 to Wang_NYSDChambers@nysd.uscourts.gov. Settlement Conference set for 5/10/2022 at 02:30 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 1/20/2022) (rro)
January 14, 2022 Opinion or Order Filing 46 ORDER: granting #45 Letter Motion for Extension of Time to Complete Discovery. Granted. The Defendants may conduct an IME of the Plaintiff. (Signed by Judge Denise L. Cote on 1/14/2022) (ama)
January 14, 2022 Opinion or Order Filing 45 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Denise L. Cote from Mitch Boyarsky dated 01/14/2022. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
January 14, 2022 Opinion or Order Set/Reset Deadlines: Fact Discovery due by 2/11/2022. Motions due by 3/18/2022. Pretrial Order due by 3/18/2022. Responses due by 4/8/2022 Replies due by 4/22/2022. (ama)
January 11, 2022 Opinion or Order Filing 44 ORDER denying #43 Letter Motion for Extension of Time to Complete Discovery. Documents were exchanged in September. Fact discovery will close on 1/28/22, with the exception of the one defendant on maternity leave. The request to extend the schedule in the 10/20/21 order is denied.. (Signed by Judge Denise L. Cote on 1/11/2022) (ks)
January 11, 2022 Opinion or Order Filing 43 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Denise L. Cote from Mitch Boyarsky dated 01/11/2022. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
January 5, 2022 Opinion or Order Filing 42 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 1/5/2022) (ate)
January 4, 2022 Opinion or Order Filing 41 PROPOSED PROTECTIVE ORDER. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
December 16, 2021 Opinion or Order Filing 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Banco Santander, S.A. for Santander Holdings USA, Inc., Santander Investment Securities, Inc.. Document filed by Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
December 16, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mitchell Boyarsky to RE-FILE Document #39 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
December 15, 2021 Opinion or Order Filing 39 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell) Modified on 12/16/2021 (lb).
December 14, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 12/14/2021. (Quinn, Diane)
December 14, 2021 Opinion or Order Filing 38 SCHEDULING ORDER: The Court will hold a PreSettlement Conference Scheduling Call on Thursday, January 20, 2022 at 2:30 p.m. The dial in information is (866) 3901828, access code 1582687. SO ORDERED. (Telephone Conference set for 1/20/2022 at 02:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 12/14/2021) (rro)
October 28, 2021 Opinion or Order Filing 37 SCHEDULING ORDER granting #36 Letter Motion for Conference re: #36 LETTER MOTION for Conference re: #34 Scheduling Order,,,, addressed to Magistrate Judge Ona T. Wang from Valdi Licul dated October 22, 2021. The Court is in receipt of the parties' letter (ECF 36) requesting a Settlement Conference in January 2022. The Court will hold a Pre-Settlement Conference Scheduling Call on Tuesday, December 14, 2021 at 2:30 p.m. The dial in information is (866) 390-1828, access code 1582687. The Clerk of Court is directed to close ECF 36. (Telephone Conference set for 12/14/2021 at 02:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 10/28/2021) (rro)
October 22, 2021 Opinion or Order Filing 36 LETTER MOTION for Conference re: #34 Scheduling Order,,,, addressed to Magistrate Judge Ona T. Wang from Valdi Licul dated October 22, 2021. Document filed by Erin McKenna..(Licul, Valdi)
October 21, 2021 Opinion or Order Filing 35 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Denise L. Cote on 10/21/2021) (vfr)
October 20, 2021 Opinion or Order Filing 34 PRETRIAL SCHEDULING ORDER: As set forth at the telephonic pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on October 20, 2021, the following schedule shall govern the further conduct of pretrial proceedings in this case: 1. The parties are instructed to contact the chambers of Magistrate Judge Ona T. Wang prior to October 22, 2021 in order to pursue settlement discussions in January 2022 under her supervision. 2. The plaintiff shall provide HIPPA compliant medical release forms to the defendants by October 29, 2021.3. All fact discovery must be completed by January 28, 2022. 4. The following motion will be served by the dates indicated below. Any motion for summary judgment. Motion served by February 25, 2022. Opposition served by March 18, 2022. Reply served by April 1, 2022. In the event no motion is filed, the Joint Pretrial Order must be filed by February 25, 2022. As described in greater detail in this Court's Individual Practices in Civil Cases, the following documents must be filed with the Pretrial Order, as further set forth herein. SO ORDERED. Fact Discovery due by 1/28/2022. Pretrial Order due by 2/25/2022. (Signed by Judge Denise L. Cote on 10/20/2021) (vfr)
October 20, 2021 Opinion or Order Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 10/20/2021. (jwh)
September 20, 2021 Opinion or Order Filing 33 ORDER granting #32 Letter Motion to Adjourn Conference. Granted. The conference scheduled for September 23, 2021 is adjourned to October 20, 2021 at 3:00 p.m. Initial Conference set for 10/20/2021 at 03:00 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 9/20/2021) (vfr)
September 17, 2021 Opinion or Order Filing 32 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Valdi Licul dated September 17, 2021. Document filed by Erin McKenna..(Licul, Valdi)
September 14, 2021 Opinion or Order Filing 31 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set by telephone for 9/23/2021 at 04:00 PM before Judge Denise L. Cote. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749 Access Code: 4324948. SO ORDERED. (Signed by Judge Denise L. Cote on 9/14/2021) (vfr)
September 9, 2021 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case. (vba)
June 30, 2021 Opinion or Order Filing 29 JOINT CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 5 days. Depositions shall be completed by 12/3/2021. Amended Pleadings due by 7/30/2021. Joinder of Parties due by 7/7/2021. Deposition due by 12/14/2021. Fact Discovery due by 12/3/2021. Expert Discovery due by 12/14/2021. Discovery due by 12/14/2021. Status Conference set for 12/16/2021 at 02:30 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 6/30/2021) (kv)
June 29, 2021 Opinion or Order Filing 28 PROPOSED CASE MANAGEMENT PLAN. Document filed by Erin McKenna..(Licul, Valdi)
June 29, 2021 Opinion or Order Filing 27 JOINT LETTER addressed to Judge Vernon S. Broderick from Valdi Licul dated June 29, 2021 re: Initial Conference. Document filed by Erin McKenna..(Licul, Valdi)
June 28, 2021 Opinion or Order FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 7/29/2021 at 10:00 AM through video conference. (sb)
June 16, 2021 Opinion or Order Filing 26 ORDER AND NOTICE OF INITIAL CONFERENCE: It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/16/2021) (vfr)
June 16, 2021 Opinion or Order NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 7/16/2021.(ah)
June 14, 2021 Opinion or Order Filing 25 ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 6/24/2021. (Signed by Judge Loretta A. Preska on 10/1/2015) (jpt)
June 14, 2021 Opinion or Order Filing 24 ANSWER to #20 Amended Complaint,. Document filed by Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
June 7, 2021 Opinion or Order Filing 23 ORDER granting #22 Letter Motion for Extension of Time to Answer re #22 CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to Plaintiff's Amended Complaint addressed to Judge Vernon S. Broderick from Mitch Boyarsky dated June 4, 2021., #20 Amended Complaint. APPLICATION GRANTED. SO ORDERED. Omar Kariuki(in his individual capacities) answer due 6/14/2021; Omar Kariuki(in his professional capacities) answer due 6/14/2021; Santander Holdings USA, Inc. answer due 6/14/2021; Santander Investment Securities, Inc. answer due 6/14/2021. (Signed by Judge Vernon S. Broderick on 6/7/2021) (kv)
June 4, 2021 Opinion or Order Filing 22 CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to Plaintiff's Amended Complaint addressed to Judge Vernon S. Broderick from Mitch Boyarsky dated June 4, 2021. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
May 24, 2021 Opinion or Order Filing 21 LETTER addressed to Judge Vernon S. Broderick from Valdi Licul dated May 24, 2021 re: amended complaint. Document filed by Erin McKenna..(Licul, Valdi)
May 24, 2021 Opinion or Order Filing 20 AMENDED COMPLAINT amending #1 Complaint, against Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc. with JURY DEMAND.Document filed by Erin McKenna. Related document: #1 Complaint,..(Licul, Valdi)
April 27, 2021 Opinion or Order Filing 19 ORDER granting #17 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/27/2021) (kv)
April 27, 2021 Opinion or Order Filing 18 ORDER granting #15 Motion for Ariel Roberson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
April 26, 2021 Opinion or Order Filing 17 LETTER MOTION for Extension of Time for Rule 26(f) Conference addressed to Judge Vernon S. Broderick from Mitchell Boyarsky dated April 26, 2021. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
April 14, 2021 Opinion or Order Filing 16 NOTICE OF APPEARANCE by John S. Crain on behalf of Erin McKenna..(Crain, John)
March 24, 2021 Opinion or Order Filing 15 MOTION for Ariel Roberson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24299005. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Harris, Ariel)
March 24, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Ariel Roberson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24299005. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 18, 2021 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/18/2021) (nb)
March 18, 2021 Opinion or Order Set/Reset Deadlines: Omar Kariuki(in his individual capacities) answer due 6/4/2021; Omar Kariuki(in his professional capacities) answer due 6/4/2021; Santander Holdings USA, Inc. answer due 6/4/2021; Santander Investment Securities, Inc. answer due 6/4/2021. (nb)
March 17, 2021 Opinion or Order Filing 13 LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Mitch Boyarsky dated 03/17/2021. Document filed by Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
February 24, 2021 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Nicole Phe on behalf of Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Phe, Nicole)
February 24, 2021 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Mitchell Boyarsky on behalf of Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc...(Boyarsky, Mitchell)
February 4, 2021 Opinion or Order Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Omar Kariuki(in his individual capacities) waiver sent on 2/4/2021, answer due 4/5/2021; Omar Kariuki(in his professional capacities) waiver sent on 2/4/2021, answer due 4/5/2021; Santander Holdings USA, Inc. waiver sent on 2/4/2021, answer due 4/5/2021; Santander Investment Securities, Inc. waiver sent on 2/4/2021, answer due 4/5/2021. Document filed by Erin McKenna..(Licul, Valdi)
February 4, 2021 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities)..(pc)
February 4, 2021 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Sarah J. Arena on behalf of Erin McKenna..(Arena, Sarah)
February 4, 2021 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to Santander Holdings USA, Inc...(pc)
February 4, 2021 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to Santander Investment Securities, Inc...(pc)
February 4, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Valdi Licul. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:2617; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:2601; the County code has been modified to New York;. (pc)
February 4, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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)
February 4, 2021 Opinion or Order Case Designated ECF. (pc)
February 4, 2021 Opinion or Order Magistrate Judge Ona T. Wang 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)
February 3, 2021 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Omar Kariuki, in his individual and professional capacities, re: #1 Complaint,. Document filed by Erin McKenna..(Licul, Valdi)
February 3, 2021 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Santander Holdings USA, Inc., re: #1 Complaint,. Document filed by Erin McKenna..(Licul, Valdi)
February 3, 2021 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Santander Investment Securities, Inc., re: #1 Complaint,. Document filed by Erin McKenna..(Licul, Valdi)
February 3, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Licul, Valdi)
February 3, 2021 Opinion or Order Filing 1 COMPLAINT against Omar Kariuki(in his individual capacities), Omar Kariuki(in his professional capacities), Santander Holdings USA, Inc., Santander Investment Securities, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23802760)Document filed by Erin McKenna..(Licul, Valdi)

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Search for this case: McKenna v. Santander Investment Securities, Inc. et al
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Defendant: Omar Kariuki
Represented By: Ariel E Harris
Represented By: Nicole Phe
Represented By: Mitchell Boyarsky
Represented By: Anita Wallace Thomas
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Defendant: Santander Investment Securities, Inc.
Represented By: Ariel E Harris
Represented By: Nicole Phe
Represented By: Mitchell Boyarsky
Represented By: Anita Wallace Thomas
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Defendant: Santander Holdings USA, Inc.
Represented By: Ariel E Harris
Represented By: Nicole Phe
Represented By: Mitchell Boyarsky
Represented By: Anita Wallace Thomas
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Plaintiff: Erin McKenna
Represented By: Valdi Licul
Represented By: Sarah J. Arena
Represented By: John S. Crain
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