Amochaev et al v. Citigroup Global Markets Inc.

Filing 205

STIPULATION AND ORDER TRANSFERRING CASE TO THE DISTRICT OF COLUMBIA re 204 Stipulation, filed by Ivy So, Judy Weil, Lisa Weatherby, Kathryn N. Varner, Deborah Orlando, Renee Fassbender Amochaev. Signed by Judge Phyllis J. Hamilton on 10/3/11. (nah, COURT STAFF) (Filed on 10/3/2011)

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Kelly M. Dermody (State Bar No. 171716)
Heather H. Wong (State Bar No. 238546)
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP
275 Battery Street, 30th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs and the Proposed Class
[Additional Counsel listed on Signature Page]

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Mark Dichter (pro hac vice)
MORGAN LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
Telephone: [phone]
Facsimile: 215.963.5001
[e-mail]

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Attorneys for Defendant Morgan Stanley Smith Barney
[Additional Counsel listed on Signature Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RENEE FASSBENDER AMOCHAEV,
DEBORAH ORLANDO, KATHRYN N.
VARNER and IVY SO, on behalf of
themselves and all others similarly situated,

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Plaintiffs,

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v.

Case No. C- 05-1298 PJH
CLASS ACTION
STIPULATION AND ORDER
TRANSFERRING CASE TO THE
DISTRICT OF THE DISTRICT OF
COLUMBIA

CITIGROUP GLOBAL MARKETS, INC.,
d/b/a SMITH BARNEY,
Defendant.

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939243.1

STIPULATION AND ORDER
CASE NO. C- 05-1298 PJH

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WHEREAS, the Court entered the final order and judgment in this gender

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discrimination class action on August 13, 2008, but retained continuing jurisdiction over the

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settlement;

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WHEREAS, on January 13, 2009, Morgan Stanley and Citigroup announced that

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they had reached agreement to combine Morgan Stanley’s Global Wealth Management Group

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and Citigroup’s Smith Barney group (which employed the Financial Advisor class members in

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this case);

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WHEREAS, prior to the merger, Morgan Stanley had previously entered into a
settlement of a separately-pending gender discrimination class action on behalf of its female

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Financial Advisors, Augst-Johnson, et al v. Morgan Stanley & Co, Incorporated, Case No. 1:06-

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CV-01142 (RWR) (D.D.C.);

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WHEREAS, since the merger, the parties in this case and Augst-Johnson worked

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diligently to enter into a Consolidated Settlement Agreement combining the material terms

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negotiated in both cases;

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WHEREAS, the parties executed a Consolidated Settlement Agreement in late
May, 2011;

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WHEREAS, in early June, 2011, counsel in this case alerted the Court to the

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merger, the Consolidated Settlement Agreement, and the need to locate the Consolidated

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Agreement combining both settlements under one judge;

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WHEREAS, the Augst-Johnson was settled first and Morgan Stanley represents

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the superior shareholder in the merged companies, the parties have proposed that the District of

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Columbia be the venue for the Consolidated Settlement to proceed; and

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WHEREAS, having discussed this matter with this Court and thereafter providing

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the same information to Judge Richard W. Roberts, the presiding judge in Augst-Johnson, Judge

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Roberts advised the parties in Augst-Johnson by Minute Order dated September 19, 2011, "This

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Court is prepared to move forward with a transferred and consolidated related case....";

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939243.1

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STIPULATION AND ORDER
CASE NO. C- 05-1298 PJH

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IT IS HEREBY STIPULATED, by and between the parties through their

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respective counsel of record, that the parties respectfully propose that the Court transfer the file in

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this case to the District of Columbia for consolidation with the Augst-Johnson case so that the

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Consolidated Settlement Agreement may be considered, and with continuing jurisdiction to

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remain over the settlement in the District of Columbia.

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SO STIPULATED.

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Dated: September 30, 2011

Respectfully submitted,
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP

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By:

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/s/ Kelly M. Dermody
Kelly M. Dermody

Kelly M. Dermody (State Bar No. 171716)
Heather H. Wong (State Bar No. 238546)
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
Embarcadero Center West
275 Battery Street, 30th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]

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Adam T. Klein (Pro Hac Vice)
OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: [phone]

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Cyrus Mehri (Pro Hac Vice)
MEHRI & SKALET, PLLC
1250 Connecticut Ave, NW, Suite 300
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]

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Plaintiffs’ Class Counsel

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939243.1

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STIPULATION AND ORDER
CASE NO. C- 05-1298 PJH

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DATED: September, 30, 2011

MORGAN LEWIS & BOCKIUS LLP

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By:
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/s/ Mark Dichter
Mark Dichter

Mark Dichter (pro hac vice)
MORGAN LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
Telephone: [phone]
Facsimile: 215.963.5001

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Attorneys for Defendant Morgan Stanley Smith Barney
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939243.1

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STIPULATION AND ORDER
CASE NO. C- 05-1298 PJH

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The Clerk’s Office is

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hereby directed to transfer the file in this case to the U.S. District Court for the District of

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Columbia for consideration of relation to Augst-Johnson, et al v. Morgan Stanley & Co,

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Incorporated, Case No. 1:06-CV-01142 (RWR) (D.D.C.).

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S

UNIT
ED

United States District Judge

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NO

ER

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lton

J. Hami

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H

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hyllis
Judge P

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RT

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D

RDERE

OO
IT IS S

R NIA

October 3
Dated: ___________________, 2011

RT
U
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S DISTRICT
TE
C
TA
The Honorable Phyllis J. Hamilton

FO

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F
D IS T IC T O
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C

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939243.1

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STIPULATION AND ORDER
CASE NO. C- 05-1298 PJH