S.D.N.Y. 1:15-cv-03440 Docket
Christiansen v. Omnicom Group
No. 1:15-cv-03440, Case History (under construction)
Court: Southern District of New York (Foley Square)
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) |
| 07/07/2017 | 39 | MANDATE of USCA (Certified Copy) as to 36 Notice of Appeal filed by Matthew Christiansen. USCA Case Number 16-748. The appeal in the above captioned case from a judgment of the United States District Court for the Southern District of New York was argued on the district court’s record and the parties’ briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court’s dismissal of Christiansen’s Title VII claim is REVERSED and the case is REMANDED for further proceedings consistent with this opinion. The district courts judgment is AFFIRMED in all other respects. Catherine O’Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/07/2017. (nd) (Entered: 07/10/2017) |
| 07/10/2017 | Transmission of USCA Mandate to the District Judge re: 39 USCA Mandate,,. (nd) (Entered: 07/10/2017) | |
| 07/18/2017 | 40 | ORDER: The Court hereby STAYS this matter pending the Second Circuit’s resolution of Zarda v. Altitude Express, Inc., 855 F.3d 76 (2d Cir. 2017), reh’g en banc granted, No. 15-3775 (2d Cir. May 25, 2017). The parties shall file a joint letter updating the Court within seven days of the Second Circuit’s resolution of the Zarda matter. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/18/2017) (anc) (Entered: 07/18/2017) |
| 07/24/2017 | 41 | Costs Taxed as to 39 USCA Mandate,, USCA Case Number 16-748. in the amount of $997.20. on 07/24/2017 in favor of Matthew Christiansen, Plaintiff – Appellant, against Omnicom Group, Incorporated, DDB Worldwide Communications Group Incorporated, Joe Cianciotto, Peter Hempel, Chris Brown, Defendants – Appellees.. (nd) (Entered: 07/24/2017) |
| 07/28/2017 | 42 | LETTER addressed to Judge Katherine Polk Failla from Susan Chana Lask, Esq. dated 7/28/17 re: Lift Stay and Permit R 26 Exchange & Scheduling. Document filed by Matthew Christiansen.(Lask, Susan) (Entered: 07/28/2017) |
| 07/28/2017 | 43 | MEMO ENDORSEMENT on re: 42 Letter filed by Matthew Christiansen. ENDORSEMENT: It is hereby ORDERED that Defendants will submit a letter response to Plaintiff’s application by August 3, 2017. (Signed by Judge Katherine Polk Failla on 7/28/2017) (jwh) (Entered: 07/28/2017) |
| 08/03/2017 | 44 | LETTER addressed to Judge Katherine Polk Failla from Howard J. Rubin dated August 3, 2017 re: We write in response to Plaintiff’s counsel’s July 28, 2017 letter. Document filed by Chris Brown, DDB Worldwide Communications Group Inc., Peter Hempel, Omnicom Group, Inc..(Rubin, Howard) (Entered: 08/03/2017) |
| 08/03/2017 | 45 | LETTER addressed to Judge Katherine Polk Failla from Rick Ostrove dated August 3, 2017 re: Cianciotto’s response to Plaintiff’s counsel’s July 28, 2017 letter. Document filed by Joe Cianciotto.(Ostrove, Rick) (Entered: 08/03/2017) |
| 08/03/2017 | 46 | LETTER addressed to Judge Katherine Polk Failla from Susan Chana Lask, Esq. dated 8/3/17 re: reply to Defendants’ opposition Letter to Plaintiff’s Vacate of the Stay. Document filed by Matthew Christiansen.(Lask, Susan) (Entered: 08/03/2017) |
| 08/04/2017 | 47 | ORDER: Having reviewed the parties’ submissions, the Court hereby DENIES Plaintiff’s request to lift the stay. (As further set forth in this Order.) (Signed by Judge Katherine Polk Failla on 8/4/2017) (cf) (Entered: 08/04/2017) |
| 02/05/2018 | 48 | STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Peter Hempel, DDB Worldwide Communications Group Inc., Omnicom Group, Inc., Chris Brown.(Franco, Shira) (Entered: 02/05/2018) |
| 02/06/2018 | 49 | STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO F.R.C.P. 41(A)(1)(A)(II): IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntary dismissed with prejudice against Defendants Omnicom Group Inc., DDB Worldwide Communications Group Inc., Peter Hempel, Chris Brown and Joe Cianciotto pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each party bearing its own costs and attorneys’ fees except as is set forth in the Settlement Agreement between the parties, the parties having reached an agreement to resolve this action. (Signed by Judge Katherine Polk Failla on 2/6/2018) (mro) (Entered: 02/06/2018) |
Last updated 02/20/2018
Reconciled with online docket 02/20/2018