2d Cir. 16-748 Case History
Christiansen v. Omnicom Group
No. 16-748, Docket
Court: U.S. Court of Appeals for the Second Circuit
Panel: Chief Judge Robert A. Katzmann, Judge Debra Ann Livingston, and U.S. District Judge Margo K. Brodie
Appealed from :
- Christiansen v. Omnicom Group (S.D.N.Y., No: 1:15-cv-03440)
- Opinion and Order (03/09/2016)
- Granting Defendants’ Motions to Dismiss
- Notice of Appeal (03/09/2016)
- Opinion and Order (03/09/2016)
OPINION
- Opinion [Amended], reversed and remanded in part; affirmed in part (03/27/2017); See Errata for amendment from original
- Per Curiam
- Reverses dismissal of Title VII claim based on gender stereotyping: “Christiansen’s complaint plausibly alleges a gender stereotyping claim cognizable under the Supreme Court’s decision in Price Waterhouse v. Hopkins“
- Affirms judgment of district court in all other respects (bound by Circuit precedent as to sexual orientation claim under Title VII)
- Remands for further proceedings consistent with opinion
- Per Curiam
- Concurrence [Amended]; See Errata for amendment from original
- Katzmann, Chief Judge, in which Brodie, District Judge, joins
- Writes separately “to express my view that when the appropriate occasion presents itself, it would make sense for the Court to revisit the central legal issue confronted in Simonton and Dawson, especially in light of the changing legal landscape that has taken shape in the nearly two decades since Simonton issued.”
- Katzmann, Chief Judge, in which Brodie, District Judge, joins
BRIEFS ON THE MERITS
- Appellant Matthew Christiansen’s Brief and Joint Appendix (06/30/2016)
- Appellees’ Response Briefs
- Omnicom, et al. (09/16/2016)
- Joe Cianciotto ( (09/20/2016)
- Christiansen’s Reply Brief (10/12/2016)
- Christiansen Notice of Supplemental Authorities (01/13/2017)
- EEOC v. Scott Medical Health Center
- Boutillier v. Hartford Public Schools
Amicus Briefs in support of Appellant
- U.S. Equal Employment Opportunity Commission (06/28/2016)
- National Center for Lesbian Rights (06/28/2016)
- 128 Members of Congress (06/28/2016)
- Lambda Legal (06/30/2016)
- ACLU, et al. (07/05/2016)
ORAL ARGUMENT
- Oral argument held Friday, January 20, 2017; AUDIO
- Calendar
- Panel: Chief Judge Robert A. Katzmann, Judge Debra Ann Livingston, and U.S. District Judge Margo K. Brodie
- Presenting Argument for Appellant Christiansen
- Susan Chana Lask, Law Offices of Susan Chana Lask (15 minutes)
- Barbara L. Sloan, for Amicus Curiae EEOC (5 minutes)
- Presenting Argument for Appellees
- Howard J. Rubin, Davis & Gilbert, for Omnicom, et al. (10 minutes)
- Rick Ostrove, Leeds Brown Law, for Cianciotto (5 minutes)
MOTION TO INTERVENE (withdrawn)
- Motion by Plaintiffs in Zarda v. Altitude Express, 2d Circuit, No. 16-748 (03/27/2017)
- Seek intervention for purpose of consolidated petition for en banc review
- Christiansen objection (03/28/2017)
- Christiansen counsel’s further objection (03/28/2017)
- Letter withdrawing motion to intervene (03/29/2017)
- ORDER – Motion to intervene deemed withdrawn (03/29/2017)
PETITION FOR REHEARING EN BANC (not yet filed)
- Christiansen motion to extend time to file (04/05/2017) [Granted]
- Time to file petition extended to April 28, 2017
CASE MANAGEMENT
- Case Docketed March 9, 2016
- Electronic Index, in lieu of record (04/04/2016)
- Christiansen Notice of Related Case with suggestion that cases should be heard by same panel (06/29/2016)
– Zarda v. Altitude Express, No. 15-3775 - Appellees Omnicom, et al, response to notice, objecting to consolidation (07/13/2016)
Current through Docket # 151, 04/10/2017