S.D.N.Y. 1:15-cv-03440 Docket

Christiansen v. Omnicom Group
No. 1:15-cv-03440, Case History  

Court: Southern District of New York
Assigned to: Judge Katherine Polk Failla

Date Filed # Docket Text
05/04/2015 1 COMPLAINT against Chris Brown, Joe Cianciotto, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc.. (Filing Fee $ 350.00, Receipt Number 465401124316)Document filed by Anonymous.(moh) (mps). (Entered: 05/05/2015)
05/04/2015 SUMMONS ISSUED as to Chris Brown, Joe Cianciotto, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc.. (moh) (Entered: 05/05/2015)
05/04/2015 Magistrate Judge Ronald L. Ellis is so designated. (moh) (Entered: 05/05/2015)
05/04/2015 Case Designated ECF. (moh) (Entered: 05/05/2015)
05/04/2015 2 CIVIL COVER SHEET filed. (moh) (mps). (Entered: 05/05/2015)
05/13/2015  ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Susan Chana Lask for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint to: caseopenings@nysd.uscourts.gov. (moh) (Entered: 05/13/2015)
05/13/2015  ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Susan Chana Lask, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (moh) (Entered: 05/13/2015)
06/05/2015 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/6/2015 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/5/2015) (spo) (Entered: 06/05/2015)
06/22/2015 4 ACCEPTED FOR FILING BY CHAMBERS, SEE DOCKET ENTRY 18 – FIRST AMENDED COMPLAINT amending 1 Complaint against Anonymous with JURY DEMAND.Document filed by Anonymous. Related document: 1 Complaint filed by Anonymous.(Lask, Susan) Modified on 6/23/2015 (moh). Modified on 8/5/2015 (tro). (Entered: 06/22/2015)
06/23/2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Susan Lask to RE-FILE Document No. 4 Amended Complaint,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents – attach the correct signed PDF – select the individually named filer/filers – select the individually named party/parties the pleading is against. (moh) (Entered: 06/23/2015)
06/24/2015 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Omnicom Group Inc. for DDB Worldwide Communications Group Inc.. Document filed by DDB Worldwide Communications Group Inc., Omnicom Group, Inc.. (Feinstein, Daniel) (Entered: 06/24/2015)
06/24/2015 6 LETTER MOTION for Conference regarding Defendants’ anticipated motion to dismiss the First Amended Complaint addressed to Judge Katherine Polk Failla from Daniel A. Feinstein dated June 24, 2015. Document filed by Chris Brown, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc..(Feinstein, Daniel) (Entered: 06/24/2015)
06/24/2015 7 LETTER addressed to Judge Katherine Polk Failla from Susan Chana Lask, Esq. dated June 24, 2015 re: Pre Motion Conference. Document filed by Anonymous.(Lask,Susan) (Entered: 06/24/2015)
06/26/2015 8 NOTICE OF APPEARANCE by Jeffrey Kevin Brown on behalf of Joe Cianciotto. (Brown, Jeffrey) (Entered: 06/26/2015
06/26/2015 9 NOTICE OF APPEARANCE by Rick Ostrove on behalf of Joe Cianciotto. (Ostrove, Rick) (Entered: 06/26/2015)
06/29/2015 10 LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Rick Ostrove dated 06/29/2015. Document filed by Joe Cianciotto.(Ostrove, Rick) (Entered: 06/29/2015)
06/30/2015 11 ORDER granting 6 Letter Motion for Conference ; granting 10 Letter Motion for Conference: that the parties are directed to appear for a pre-motion conference before the Court on July 16, 2015, at 11:00 a.m., in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, 10012. Defendant Cianciotto is directed to submit a letter of no more than three pages setting forth the basis of his proposed motion to dismiss no later than July 6, 2015. Plaintiff is directed to respond to the substance of both parties’ letters by letter of no more than three pages no later than July 10, 2015. The Clerk of Court is directed to terminate Docket Entries 6 and 10. Pre-Motion Conference set for 7/16/2015 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/30/2015) (tn) (Entered: 06/30/2015)
07/07/2015 12 LETTER addressed to Judge Katherine Polk Failla from Rick Ostrove dated July 7, 2015 re: Cianciotto’s proposed motion to dismiss. Document filed by Joe Cianciotto. (Ostrove, Rick) (Entered: 07/07/2015)
 07/12/2015 13 LETTER addressed to Judge Katherine Polk Failla from Susan Chana Lask, Esq. dated 7/12/2015 re: Pre-Motion Conference Letter. Document filed by Anonymous.(Lask, Susan) (Entered: 07/12/2015)
07/14/2015 14 NOTICE OF APPEARANCE by Shira Franco on behalf of Chris Brown, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc.. (Franco, Shira) (Entered: 07/14/2015)
07/14/2015 15 NOTICE OF APPEARANCE by Howard Jeffrey Rubin on behalf of Chris Brown, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc..(Rubin, Howard) (Entered: 07/14/2015)
07/15/2015 16 LETTER addressed to Judge Katherine Polk Failla from Susan Chana Lask, Esq. dated 7/15/2015 re: Adjourn pre-Motion Conference to Monday,7/20/15. Document filed by Anonymous.(Lask, Susan) (Entered: 07/15/2015)
07/17/2015 17 MEMO ENDORSEMENT on re: 16 Letter filed by Anonymous. ENDORSEMENT: The conference scheduled for July 16, 2015, is hereby adjourned nunc pro tunc to July 21, 2015, at 4:30 p.m. (Pre-Motion Conference set for 7/21/2015 at 04:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/17/2015) (tn) (Entered: 07/17/2015)
07/21/2015 18 ORDER: The Clerk of Court is directed to accept the Amended Complaint as filed (Dkt.  #4), and to amend the caption of the case to match this Order. Defendants are directed to submit their motions to dismiss no later than August 14, 2015. Plaintiff’s opposition, in the form of a single memorandum of law of no more than 30 pages in length, is due no later than September 21, 2015. Defendants’ replies are due no later than October 5, 2015. The initial pretrial conference scheduled for August 6, 2015, is hereby adjourned sine die. ( Motions due by 8/14/2015., Responses due by 9/21/2015, Replies due by 10/5/2015.), Matthew Christiansen added. Anonymous terminated. (Signed by Judge Katherine Polk Failla on 7/21/2015) (mro) Modified on 7/22/2015 (mro). (Entered: 07/22/2015)
07/21/2015 Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 7/21/2015. (Court Reporter Martha Drevis) (Lopez, Jose) (Entered: 07/22/2015)
07/28/2015 19 TRANSCRIPT of Proceedings re: Conference held on 7/21/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2015. Redacted Transcript Deadline set for 8/31/2015. Release of Transcript Restriction set for 10/29/2015.(Rodriguez, Somari) (Entered: 07/28/2015)
07/28/2015 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 07/21/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days…(Rodriguez, Somari) (Entered: 07/28/2015)
07/31/2015 21 MOTION to Dismiss Plaintiff’s First Amended Complaint. Document filed by Chris Brown, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc.. Responses due by 9/21/2015(Rubin, Howard) (Entered: 07/31/2015)
07/31/2015 22 MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss Plaintiff’s First Amended Complaint. . Document filed by Chris Brown, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc.. (Rubin, Howard) (Entered: 07/31/2015)
07/31/2015 23 DECLARATION of Daniel A. Feinstein in Support re: 21 MOTION to Dismiss Plaintiff’s First Amended Complaint.. Document filed by Chris Brown, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Rubin, Howard) (Entered: 07/31/2015)
08/14/2015 24 MOTION to Dismiss Plaintiff’s First Amended Complaint. Document filed by Joe Cianciotto.(Ostrove, Rick) (Entered: 08/14/2015)
08/14/2015 25 MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss Plaintiff’s First Amended Complaint. . Document filed by Joe Cianciotto. (Ostrove, Rick) (Entered: 08/14/2015)
09/22/2015 26 LETTER addressed to Judge Katherine Polk Failla from Daniel A. Feinstein dated September 22, 2015 re: Write in response to Plaintiffs counsels letter to the Court today in which she requests an extension of Plaintiffs deadline to file his opposition to the motion to dismiss the First Amended Complaint (the Complaint).. Document filed by Chris Brown, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Feinstein, Daniel) (Entered: 09/22/2015)
09/22/2015 27 LETTER addressed to Judge Katherine Polk Failla from Susan Chana Lask, Esq. dated 9/22/15 re: letter Explaining Civility for Mr. Feinstein to Acknowledge for Brief 1st Extension Request. Document filed by Matthew Christiansen.(Lask, Susan) (Entered: 09/22/2015)
09/22/2015 28 ENDORSED LETTER addressed to Judge Katherine Polk Failla from Susan Chana Lask dated 9/22/2015 re: a brief three day extension to file my opposition pursuant to your motion scheduling Order (Dkt. 18) from September 21 to September 24, 2015 with a reciprocal extension for defendants replies from October 5 to October 8, 2015. ENDORSEMENT: Application GRANTED. Set Deadlines/Hearing as to 21 MOTION to Dismiss Plaintiff’s First Amended Complaint. 24 MOTION to Dismiss Plaintiff’s First Amended Complaint: Responses due by 9/24/2015, Replies due by 10/8/2015. (Signed by Judge Katherine Polk Failla on 9/22/2015) (tn) (Entered: 09/22/2015)
09/24/2015 29 DECLARATION of Susan Chana Lask, Esq. in Opposition re: 21 MOTION to Dismiss Plaintiff’s First Amended Complaint., 24 MOTION to Dismiss Plaintiff’s First Amended Complaint.. Document filed by Matthew Christiansen. (Attachments: # 1 Exhibit A-10-21-14 letter to Brown, # 2 Exhibit B-11-20-14 letter to Cianciotto, # 3 Exhibit C-12-19-14 Defendants’ Federal EEOC Response, # 4 Exhibit D-2-25-15 Defendants’ State EEOC Response, # 5 Exhibit E-EEOC July 15, 2015 FOXX Decision, # 6 Exhibit F-EEOC Foxx Pamphlet of Cases, # 7 Exhibit G-EEOC Foxx Pamphlet)(Lask, Susan) (Entered: 09/24/2015)
09/24/2015 30 MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss Plaintiff’s First Amended Complaint., 21 MOTION to Dismiss Plaintiff’s First Amended Complaint. . Document filed by Matthew Christiansen. (Lask, Susan) (Entered: 09/24/2015)
10/08/2015 31 REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss Plaintiff’s First Amended Complaint. . Document filed by Chris Brown, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc.. (Rubin, Howard) (Entered: 10/08/2015)
10/08/2015 32 DECLARATION of Daniel A. Feinstein in Support re: 21 MOTION to Dismiss Plaintiff’s First Amended Complaint.. Document filed by Chris Brown, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc.. (Rubin, Howard) (Entered: 10/08/2015)
10/08/2015 33 REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss Plaintiff’s First Amended Complaint. . Document filed by Joe Cianciotto. (Ostrove, Rick) (Entered: 10/08/2015)
10/15/2015 34 NOTICE OF APPEARANCE by Brandon Okano on behalf of Joe Cianciotto. (Okano, Brandon) (Entered: 10/15/2015)
03/09/2016 35 OPINION AND ORDER re: 24 MOTION to Dismiss Plaintiff’s First Amended Complaint filed by Joe Cianciotto, 21 MOTION to Dismiss Plaintiff’s First Amended Complaint filed by Chris Brown, Peter Hempel, DDB Worldwide Communications Group Inc., Omnicom Group, Inc.: For the reasons given in this Opinion, Defendants’ motions are GRANTED in full. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 3/9/2016) (tn) (Entered: 03/09/2016)
03/09/2016 Transmission to Judgments and Orders Clerk. Transmitted re: 35 Opinion and Order, to the Judgments and Orders Clerk. (tn) (Entered: 03/09/2016)
03/09/2016 36 NOTICE OF APPEAL from 35 Memorandum & Opinion,,. Document filed by Matthew Christiansen. Filing fee $ 505.00, receipt number 0208-12046979. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Lask, Susan) (Entered: 03/09/2016)
03/09/2016 37 CLERK’S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court’s Opinion and Order dated March 9, 2016, Defendants’ motions are granted in full; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 03/09/2016) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal (km) (Entered: 03/09/2016)
03/09/2016 Terminate Transcript Deadlines (km) (Entered: 03/09/2016)
03/09/2016 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 36 Notice of Appeal. (nd) (Entered: 03/09/2016)
03/09/2016 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 36 Notice of Appeal filed by Matthew Christiansen were transmitted to the U.S. Court of Appeals. (nd) (Entered: 03/09/2016)
04/04/2016 [RESENT] Appeal Record Sent to USCA (Electronic File). USCA Case Number 16- 748, Certified Indexed record on Appeal Electronic Files for 36 Notice of Appeal filed by Matthew Christiansen were transmitted to the U.S. Court of Appeals. (nd) (Entered: 04/04/2016)
03/27/2017 38 OPINION of USCA as to 36 Notice of Appeal filed by Matthew Christiansen. USCA Case Number 16-0748. Plaintiff-appellant Matthew Christiansen brought this action against his employer under, inter alia, Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., alleging that he was subjected to various forms of workplace discrimination due to his failure to conform to gender stereotypes. The United States District Court for the Southern District of New York (Failla, J.) construed Christiansens Title VII claim as an impermissible sexual orientation discrimination claim and dismissed it pursuant to Simonton v. Runyon, 232 F.3d 33 (2d Cir. 2000). On appeal, Christiansen argues that we should reconsider our decision in Simonton and hold that Title VII prohibits discrimination on the basis of sexual orientation. This panel lacks the authority to reconsider Simonton, which is binding precedent. However, we hold that Christiansen’s complaint plausibly alleges a gender stereotyping claim cognizable under the Supreme Court’s decision in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989). Therefore, we REVERSE the district courts dismissal of Christiansen’s Title VII claim and REMAND for further proceedings consistent with this opinion. We AFFIRM the judgment of the district court in all other respects.. Catherine O’Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/27/2017. (nd) (Entered: 03/27/2017)

 

Last updated 04/08/2017