Case: McReynolds v. Merrill Lynch & Co., Inc.

1:08-cv-06105 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 24, 2008

Closed Date: Oct. 3, 2012

Clearinghouse coding complete

Case Summary

This case challenged an employer’s practices and procedures – including a bonus program – as discriminatory based on race and gender. On October 24, 2008, a group of male and female African-American financial advisors filed a lawsuit in the United States District Court for the Northern District of Illinois against their employer, Merrill Lynch & Co., Inc., under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964. The case was assigned to Judge Robert William Gettleman.  The plaintif…

This case challenged an employer’s practices and procedures – including a bonus program – as discriminatory based on race and gender. On October 24, 2008, a group of male and female African-American financial advisors filed a lawsuit in the United States District Court for the Northern District of Illinois against their employer, Merrill Lynch & Co., Inc., under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964. The case was assigned to Judge Robert William Gettleman. 

The plaintiffs, represented by private counsel, asked the Court for declaratory, monetary and injunctive relief, alleging that Merrill Lynch had engaged in a nationwide pattern and practice of race and gender discrimination and employed policies and practices that had a disparate impact on African-American and female financial advisors. Specifically, the employees claimed Merrill Lynch's recently announced bonus procedure disadvantaged African Americans and women because they were paid less than their white male colleagues. All nine plaintiffs in this action were involved in another action against their employer for race discrimination, which ultimately reached settlement in August 2013.

In this case, on March 29, 2011, the District Court granted Merrill Lynch's motion to dismiss for failure to state a claim upon which relief can be granted. It held that the plaintiff's complaint contained insufficient factual allegations to make it plausible that the defendant's production-based compensation system was adopted with the intent to discriminate on the basis of race. Under Title VII Section 703(h), employers are allowed to compensate employees differently on the basis of seniority, merit, or quality or quantity of production unless the differences in compensation result from an intention to discriminate because of race, color, religion, sex, or national origin.

On September 11, 2012, the Seventh Circuit Court of Appeals affirmed the dismissal, agreeing with the District Court that the complaint alleged discriminatory intent of the retention program in a wholly conclusory fashion, without pleading sufficient facts to state a claim. The opinion was filed on October 3, 2012. 694 F.3d 873. 

The case is closed.

Summary Authors

Kunyi Zhang (1/23/2011)

Christianna Kyriacou (11/8/2013)

Colton French (4/11/2025)

Related Cases

McReynolds v. Merrill Lynch & Co., Northern District of Illinois (2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5541500/parties/mcreynolds-v-merrill-lynch-co-inc/


Judge(s)
Attorney for Plaintiff

Attorney, Linda Debra (Illinois)

Attorney for Defendant

Attorney, Stephen M. (Illinois)

Attorney, Jared R.

Attorney, Timothy S.

Expert/Monitor/Master/Other

Attorney, Rae T. (Illinois)

Documents in the Clearinghouse

Documents in this case

1:08-cv-06105

Docket (PACER)

Oct. 3, 2012

Oct. 3, 2012

Docket
1

1:08-cv-06105

Complaint

Oct. 24, 2008

Oct. 24, 2008

Complaint
82

1:08-cv-06105

Defendants' Memorandum in Support of its Motion to Dismiss

Dec. 15, 2010

Dec. 15, 2010

Pleading / Motion / Brief
97

1:08-cv-06105

Memorandum Opinion and Order (Granting Defendant's Motion to Dismiss)

March 29, 2011

March 29, 2011

Order/Opinion

2011 WL 1196859

11-03639

Opinion (7th Cir.)

McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

U.S. Court of Appeals for the Seventh Circuit

Feb. 24, 2012

Feb. 24, 2012

Order/Opinion

672 F.3d 482

113

1:08-cv-06105

Opinion

U.S. Court of Appeals for the Seventh Circuit

Sept. 11, 2012

Sept. 11, 2012

Order/Opinion

694 F.3d 873

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5541500/mcreynolds-v-merrill-lynch-co-inc/

Last updated April 11, 2025, 12:07 p.m.

ECF Number Date Description Link
1 Oct. 24, 2008

COMPLAINT filed by Plaintiffs Glenn Capel, Carnell Moore, Mark Johnson, Cathy Bender−Jackson, George McReynolds, Maroc Howard, Frankie Ross, Marva York, LeRoy Brown; Jury Demand. Filing fee $ 350.(smm) (Entered: 10/27/2008)

Clearinghouse
2 Oct. 24, 2008

CIVIL Cover Sheet. (smm) (Entered: 10/27/2008)

PACER
3 Oct. 24, 2008

ATTORNEY Appearance for Plaintiffs Glenn Capel, Carnell Moore, Mark Johnson, Cathy Bender−Jackson, George McReynolds, Maroc Howard, Frankie Ross, Marva York, LeRoy Brown by Linda Debra Friedman. (smm) (Entered: 10/27/2008)

PACER
5 Nov. 10, 2008

SUMMONS Issued as to Defendants Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith, Bank of America Corporation. (smm) (Entered: 11/12/2008)

PACER
6 Dec. 3, 2008

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing set to 9:00 a.m. on Monday, 1/5/2009 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located http://www.ilnd.uscourt.gov at http://www.ilnd.uscourts.gov/JUDGE/KENNELLY/mfkpage.htm. Counsel for plaintiff(s) are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that summons has been or is being served on each defendant.Mailed notice (smm) (Entered: 12/04/2008)

PACER
7 Dec. 9, 2008

SUMMONS Returned Executed by Glenn Capel, Carnell Moore, Mark Johnson, Cathy Bender−Jackson, George McReynolds, Maroc Howard, Frankie Ross, Marva York, LeRoy Brown as to Merrill Lynch, Pierce, Fenner &Smith on 12/8/2008, answer due 12/29/2008. (Bish, Suzanne) (Entered: 12/09/2008)

PACER
8 Dec. 9, 2008

SUMMONS Returned Executed by Glenn Capel, Carnell Moore, Mark Johnson, Cathy Bender−Jackson, George McReynolds, Maroc Howard, Frankie Ross, Marva York, LeRoy Brown as to Merrill Lynch &Co., Inc. on 12/8/2008, answer due 12/29/2008. (Bish, Suzanne) (Entered: 12/09/2008)

PACER
9 Dec. 9, 2008

SUMMONS Returned Executed by Glenn Capel, Carnell Moore, Mark Johnson, Cathy Bender−Jackson, George McReynolds, Maroc Howard, Frankie Ross, Marva York, LeRoy Brown as to Bank of America Corporation on 12/8/2008, answer due 12/29/2008. (Bish, Suzanne) (Entered: 12/09/2008)

PACER
10 Dec. 9, 2008

ATTORNEY Appearance for Defendant Bank of America Corporation by Lawrence Charles DiNardo (DiNardo, Lawrence) (Entered: 12/09/2008)

PACER
11 Dec. 9, 2008

ATTORNEY Appearance for Defendant Bank of America Corporation by Efrat R Schulman (Schulman, Efrat) (Entered: 12/09/2008)

PACER
12 Dec. 9, 2008

ATTORNEY Appearance for Defendant Bank of America Corporation by Anna Kathryn Hartog (Hartog, Anna) (Entered: 12/09/2008)

PACER
13 Dec. 17, 2008

MINUTE entry before the Honorable Matthew F. Kennelly:By request of the parties, initial status hearing set for 1/5/2009 is vacated and reset to 1/7/2009 at 09:00 AM., in chambers, 2188. (or, ) (Entered: 12/17/2008)

PACER
14 Dec. 19, 2008

MINUTE entry before the Honorable Matthew F. Kennelly: By request of the parties, the time to answer the complaint is extended to 1/7/09. (lcw, ) (Entered: 12/19/2008)

PACER
15 Dec. 31, 2008

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003391757. (hearing on January 7, 2009) (Pappas, Nicholas) (Entered: 12/31/2008)

PACER
16 Dec. 31, 2008

ATTORNEY Appearance for Defendants Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith by Lori E. Lightfoot (Lightfoot, Lori) (Entered: 12/31/2008)

PACER
17 Dec. 31, 2008

ATTORNEY Appearance for Defendants Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith by Gina M Diomedi (Diomedi, Gina) (Entered: 12/31/2008)

PACER
18 Dec. 31, 2008

NOTICE of Motion by Gina M Diomedi for presentment of motion to appear pro hac vice 15 before Honorable Matthew F. Kennelly on 1/7/2009 at 09:00 AM. (Diomedi, Gina) (Entered: 12/31/2008)

PACER
19 Jan. 2, 2009

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003394272. (appearance on 1/7/09) (Klein, Jeffrey) (Entered: 01/02/2009)

PACER
20 Jan. 2, 2009

NOTICE of Motion by Gina M Diomedi for presentment of motion to appear pro hac vice 19 before Honorable Matthew F. Kennelly on 1/7/2009 at 09:00 AM. (Diomedi, Gina) (Entered: 01/02/2009)

PACER
21 Jan. 7, 2009

MOTION by Defendant Bank of America Corporation to dismiss Plaintiffs' Complaint (DiNardo, Lawrence) (Entered: 01/07/2009)

PACER
22 Jan. 7, 2009

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bank of America Corporation (DiNardo, Lawrence) (Entered: 01/07/2009)

PACER
24 Jan. 7, 2009

MEMORANDUM by Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith in support of motion to dismiss 23 or In The Alternative to Strike Those Portions of Plaintiffs' Complaint Alleging Gender Discrimination. (Lightfoot, Lori) (Entered: 01/07/2009)

PACER
25 Jan. 7, 2009

Rule 7.1 Disclosure STATEMENT by Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith (Lightfoot, Lori) (Entered: 01/07/2009)

PACER
26 Jan. 7, 2009

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing pursuant to Rule 16(b) held. The motions for leave to appear pro hac vice of Jeffrey Klein and Nicholas Pappas are both 15 19 granted. Response to motion to dismiss 21 23 is to be filed by 2/4/09; reply is to be filed by 2/18/09. Ruling will be made by mail. Status hearing continued to 2/25/2009 at 9:00 A.M., with attorneys by telephone. Call is to be initiated by parties.Mailed notice (smm) (Entered: 01/09/2009)

PACER
27 Jan. 12, 2009

MINUTE entry before the Honorable Matthew F. Kennelly: For the reasons stated below, the Court denies defendants' motions to dismiss or strike [docket nos. 21, 23] and vacates the remainder of the briefing schedule on those motions. The Court directs defendants to answer the complaint on or before 2/9/09. Rule 26(a)(1) disclosures are to be made by 2/20/09. Counsel are directed to confer regarding a schedule for discovery and for presentation of any motion for class certification so that those topics may be addressed at the telephone status hearing set for 2/25/09. [For further details see minute order.] Mailed notice (td, ) (Entered: 01/13/2009)

PACER
28 Feb. 9, 2009

ANSWER to Complaint by Bank of America Corporation(DiNardo, Lawrence) (Entered: 02/09/2009)

PACER
29 Feb. 9, 2009

ANSWER to Complaint by Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith(Lightfoot, Lori) (Entered: 02/09/2009)

PACER
30 Feb. 25, 2009

MINUTE entry before the Honorable Matthew F. Kennelly:Status hearing held. Defendants intend to file a LR 40.4 motion before Judge Gettleman by 3/2/2009. Status hearing continued to 3/11/2009 at 09:00 AM., with attorneys by telephone for the purpose of setting a pretrial schedule. (or, ) (Entered: 02/25/2009)

PACER
32 March 6, 2009

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Robert W. Gettleman for all further proceedings. Pursuant to Local Rule 40.4 finds case to be related to 05 C 6583. Signed by Executive Committee on 3/6/09.(smm) (Entered: 03/10/2009)

PACER
31 March 9, 2009

MINUTE entry before the Honorable Matthew F. Kennelly:Case having been reassigned to Judge Gettleman, status hearing set for 3/11/2009 before Judge Kennelly, is vacated. (or, ) (Entered: 03/09/2009)

PACER
33 April 6, 2009

MINUTE entry before the Honorable Robert W. Gettleman: Status hearing is set for 8/11/2009 at 9:00 a.m. Mailed notice (gds, ) (Entered: 04/06/2009)

PACER
34 Aug. 6, 2009

MOTION by Defendant Bank of America Corporation for leave to file Additional Attorney Appearances. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lightfoot, Lori) (Entered: 08/06/2009)

PACER
35 Aug. 6, 2009

NOTICE of Motion by Lori E. Lightfoot for presentment of motion for leave to file 34 before Honorable Robert W. Gettleman on 8/11/2009 at 09:00 AM. (Lightfoot, Lori) (Entered: 08/06/2009)

PACER
36 Oct. 1, 2009

MOTION by Defendants Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith, Bank of America Corporation for protective order (Joint Motion for Entry of Proposed Agreed Protective Order) (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Lightfoot, Lori) (Entered: 10/01/2009)

PACER
37 Oct. 1, 2009

Joint NOTICE of Motion by Lori E. Lightfoot for presentment of motion for protective order, 36 before Honorable Robert W. Gettleman on 10/8/2009 at 09:15 AM. (Lightfoot, Lori) (Entered: 10/01/2009)

PACER
39 Oct. 1, 2009

ATTORNEY Appearance for Plaintiffs Glenn Capel, Carnell Moore, Mark Johnson, Cathy Bender−Jackson, George McReynolds, Maroc Howard, Frankie Ross, Marva York, LeRoy Brown by George S. Robot (Robot, George) (Entered: 10/01/2009)

PACER
40 Oct. 1, 2009

(This is Related to Document #37) Amended Joint NOTICE of Motion by Lori E. Lightfoot for presentment of motion for protective order, 36 before Honorable Robert W. Gettleman on 10/6/2009 at 09:15 AM. (Attachments: # 1 Certificate of Service)(Lightfoot, Lori) (Entered: 10/01/2009)

PACER
41 Oct. 8, 2009

MINUTE entry before the Honorable Robert W. Gettleman:Joint motion for entry of protective order 36 is granted. (For further detail see separate order(s).)Mailed notice (smm) (Entered: 10/09/2009)

PACER
42 Oct. 8, 2009

AGREED PROTECTIVE Order Signed by the Honorable Robert W. Gettleman on 10/8/2009.(smm) (Entered: 10/09/2009)

PACER
43 Oct. 13, 2009

MINUTE entry before the Honorable Robert W. Gettleman:Uncontested motion 34 by defendant Bank of America Corp. for leave to file additional attorney appearances of Jeffrey Klein, Nicholas Pappas, Salvatore Romanello and Allan Dinkoff is granted.Mailed notice (smm) (Entered: 10/14/2009)

PACER
44 Oct. 26, 2009

MINUTE entry before the Honorable Robert W. Gettleman:The portion of defendant Bank of America's motion for leave to file additional appearances 34 to allow Lori Lightfoot leave to file her appearance as additional counsel for defendant Bank of Anmerica is granted. Attorney Lori E. Lightfoot for Bank of America Corporation added. Mailed notice (smm) (Entered: 10/28/2009)

PACER
45 Nov. 3, 2009

ATTORNEY Appearance for Defendants Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith, Bank of America Corporation by Lori E. Lightfoot (Lightfoot, Lori) (Entered: 11/03/2009)

PACER
46 Nov. 3, 2009

ATTORNEY Appearance for Defendants Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith, Bank of America Corporation by Nicholas J. Pappas (Pappas, Nicholas) (Entered: 11/03/2009)

PACER
47 Nov. 3, 2009

ATTORNEY Appearance for Defendants Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith, Bank of America Corporation by Jeffrey S. Klein (Klein, Jeffrey) (Entered: 11/03/2009)

PACER
48 Nov. 3, 2009

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000004245862. for Allan Dinkoff o/b/o Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith and Bank of America Corporation (Dinkoff, Allan) (Entered: 11/03/2009)

PACER
49 Nov. 3, 2009

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000004246032. for Salvatore A. Romanello o/b/o Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith and Bank of America Corporation (Romanello, Salvatore) (Entered: 11/03/2009)

PACER
50 Jan. 15, 2010

MOTION by Defendants Bank of America Corporation, Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith, Plaintiffs Cathy Bender−Jackson, LeRoy Brown, Glenn Capel, Maroc Howard, Mark Johnson, George McReynolds, Carnell Moore, Frankie Ross, Marva York for discovery Agreed Motion to Refer Discovery Matters to Magistrate Judge Denlow (Bish, Suzanne) (Entered: 01/15/2010)

PACER
51 Jan. 15, 2010

Notice of Agreed Motion NOTICE of Motion by Suzanne E. Bish for presentment of motion for discovery, 50 before Honorable Robert W. Gettleman on 1/21/2010 at 09:15 AM. (Bish, Suzanne) (Entered: 01/15/2010)

PACER
52 Jan. 20, 2010

MOTION by counsel for Defendant Bank of America Corporation to withdraw as attorney (Hartog, Anna) (Entered: 01/20/2010)

PACER
54 Jan. 25, 2010

MINUTE entry before Honorable Robert W. Gettleman: Parties agreed motion to refer discovery 50 matters to Magistrate Judge is granted. Mailed notice (gds, ) (Entered: 01/25/2010)

PACER
55 Jan. 25, 2010

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Morton Denlow for the purpose of holding proceedings related to: discovery supervision. (gds,) Mailed notice. (Entered: 01/25/2010)

PACER
Jan. 26, 2010

Judge Honorable Morton Denlow no longer referred to the case. (smm) (Entered: 01/26/2010)

PACER
56 Jan. 27, 2010

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Morton Denlow for the purpose of holding proceedings related to: discovery supervision. (gds, ) Maiiled notice. (Entered: 01/27/2010)

PACER
57 Jan. 27, 2010

MINUTE entry before Honorable Robert W. Gettleman:Motion 48 of Allan Dinkoff for leave to appear pro hac vice is granted. Motion 49 of Salvadtore A. Romanello for leave to appear pro hac vice is granted. Motion 52 of defendant Bank of America for leave to withdraw appearances of Lawrence Dinardo, Anna Hartog and Efrat Schulman is granted. Attorney Efrat R Schulman; Lawrence Charles DiNardo and Anna Kathryn Hartog terminated.Mailed notice (smm) (Entered: 01/27/2010)

PACER
58 Feb. 4, 2010

MINUTE entry before Honorable Morton Denlow: Status hearing set for 2/16/2010 at 10:00 AM. in Courtroom 1350. Parties shall deliver a copy of an initial status report to chambers, Room 1356, five business days before the initial status hearing. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. The parties are directed to review and to comply with Judge Denlow's standing order setting initial status report. Copies are available in chambers or through Judge Denlow's web page at www.ilnd.uscourts.govMailed notice (dmk, ) (Entered: 02/04/2010)

PACER
59 Feb. 9, 2010

MINUTE entry before Honorable Morton Denlow: Status hearing reset to 3/16/2010 at 10:00 AM. on request of the parties. Status hearing set for 2/16/2010 is stricken.Mailed notice (dmk, ) (Entered: 02/09/2010)

PACER
60 March 10, 2010

STATUS Report Initial Status Report by Bank of America Corporation, Cathy Bender−Jackson, LeRoy Brown, Glenn Capel, Maroc Howard, Mark Johnson, George McReynolds, Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith, Carnell Moore, Frankie Ross, Marva York (Bish, Suzanne) (Entered: 03/10/2010)

PACER
61 March 13, 2010

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752−4614285. (Wencelblat, Patricia) (Entered: 03/13/2010)

PACER
62 March 16, 2010

MINUTE entry before Honorable Morton Denlow:Magistrate Judge Status hearing held on 3/16/2010. Status hearing set for 6/17/2010 at 10:00 AM.Mailed notice (dmk, ) (Entered: 03/16/2010)

PACER
63 March 23, 2010

MOTION by Defendants Bank of America Corporation, Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith to amend/correct MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752−4614285. 61 (Wencelblat, Patricia) (Entered: 03/23/2010)

PACER
64 April 1, 2010

NOTICE of Correction regarding 63 . (ep, ) (Entered: 04/01/2010)

PACER
65 April 19, 2010

MOTION by counsel for Defendants Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith to withdraw as attorney Gina Diomedi (Lightfoot, Lori) (Entered: 04/19/2010)

PACER
66 April 19, 2010

Agreeded NOTICE of Motion by Lori E. Lightfoot for presentment of motion to withdraw as attorney 65 before Honorable Robert W. Gettleman on 4/27/2010 at 09:15 AM. (Lightfoot, Lori) (Entered: 04/19/2010)

PACER
69 May 7, 2010

EXECUTIVE COMMITTEE ORDER: It appearing that Jeffrey T. Gilbert has been appointed as a United States Magistrate Judge for the Northern District of Illinois, and It further appearing that Internal Operating Procedure 17(a) provides for the creation of an initial calendar for a newly−appointed magistrate judge; therefore IT is hereby ordered that the attached list of civil consent cases and civil referrals be and they are hereby reassigned to form the initial calendar of the Honorable Jeffrey T. Gilbert. Case referred to the Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision. Signed by Executive Committee on 5/7/10. Mailed notice. (td, ) (Entered: 05/10/2010)

PACER
68 May 10, 2010

MINUTE entry before Honorable Morton Denlow: This case having been reassigned to Magistrate Judge Jeffrey Gilbert, all pending status or hearing dates before Magistrate Judge Denlow are vacated. All other dates to stand pending further orderMailed notice (dmk, ) (Entered: 05/10/2010)

PACER
70 May 17, 2010

MINUTE entry before Honorable Jeffrey T. Gilbert: This case has been reassigned to Magistrate Judge Gilbert. Status hearing set for 6/14/2010 at 2:00 p.m. in Courtroom 1386. Parties shall deliver a copy of the initial status report to chambers, Room 1366, five business days before the initial status hearing. The parties are directed to review and to comply with Judge Gilbert's standing order for initial status report. Copies are available in chambers or through Judge Gilbert's web page at www.ilnd.uscourts.gov.Mailed notice (ep, ) (Entered: 05/17/2010)

PACER
71 June 7, 2010

STATUS Report (Initial) by Merrill Lynch, Pierce, Fenner &Smith (Hart, James) (Entered: 06/07/2010)

PACER
72 June 11, 2010

MINUTE entry before Honorable Jeffrey T. Gilbert: The Court has reviewed the parties initial status report. The status hearing scheduled for 6/14/2010 at 2:00 p.m. is stricken. Status hearing set before Magistrate Judge Gilbert for 8/17/2010 at 9:45 a.m. The parties shall advise Magistrate Judge Gilbert's courtroom deputy the week before the next status hearing if they do not believe a status hearing is necessary. Mailed notice (ep, ) (Entered: 06/11/2010)

PACER
73 Aug. 16, 2010

MINUTE entry before Honorable Jeffrey T. Gilbert: The status hearing set for 8/17/10 at 9:45 a.m. is stricken and re−set to 8/26/10 at 9:45 a.m. Mailed notice (ep, ) (Entered: 08/16/2010)

PACER
74 Aug. 19, 2010

MINUTE entry before Honorable Jeffrey T. Gilbert: The status hearing set for 8/26/10 at 9:45 is stricken and reset to 8/24/10 at 9:45 a.m. Mailed notice (ep, ) (Entered: 08/19/2010)

PACER
75 Aug. 24, 2010

MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing held. Status hearing set for 10/18/10 at 2 p.m. following Judge Gettleman's status hearing. Mailed notice (ep, ) (Entered: 08/24/2010)

PACER
76 Oct. 18, 2010

MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing held. Plaintiffs shall file an amended complaint by 11/1/10. Status hearing set for 11/18/10 at 10:00 a.m. The parties shall meet and confer and file a proposed discovery plan in this case by 11/16/10. Mailed notice (ep, ) (Entered: 10/18/2010)

PACER
77 Nov. 1, 2010

FIRST AMENDED complaint by Glenn Capel, Maroc Howard, Marva York, LeRoy Brown, Cathy Bender−Jackson, Mark Johnson, George McReynolds, Carnell Moore, Frankie Ross against All Defendants (Friedman, Linda) (Entered: 11/01/2010)

PACER
78 Nov. 15, 2010

MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing set for 11/18/10 at 10:00 a.m. is stricken. The parties shall meet and confer and file a proposed discovery plan in this case by 12/15/10. The Court will set a date for another status hearing in a future minute order. Mailed notice (ep, ) (Entered: 11/15/2010)

PACER
79 Nov. 16, 2010

MINUTE entry before Honorable Robert W. Gettleman: Defendants are given an extension of time to 12/15/2010 within which to answer or otherwise plead to the

PACER
81 Dec. 15, 2010

NOTICE of Motion by Lori E. Lightfoot for presentment of motion to dismiss 80 before Honorable Robert W. Gettleman on 1/13/2011 at 09:15 AM. (Lightfoot, Lori) (Entered: 12/15/2010)

PACER
82 Dec. 15, 2010

MEMORANDUM by Bank of America Corporation, Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith in support of motion to dismiss 80 (Attachments: # 1 Exhibit A−B)(Lightfoot, Lori) (Entered: 12/15/2010)

Clearinghouse
83 Dec. 15, 2010

Discovery Plan by Bank of America Corporation, Cathy Bender−Jackson, LeRoy Brown, Glenn Capel, Maroc Howard, Mark Johnson, George McReynolds, Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith, Carnell Moore, Frankie Ross, Marva York Joint Proposed Discovery Plan (Bish, Suzanne) (Entered: 12/15/2010)

PACER
84 Dec. 23, 2010

MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing set for 1/13/11 at 10:15 a.m. for the purpose of discussing the parties' joint discovery plan and setting discovery dates. Mailed notice (ep, ) (Entered: 12/23/2010)

PACER
85 Jan. 11, 2011

MINUTE entry before Honorable Jeffrey T. Gilbert: At the parties' request, the status hearing set for 1/13/11 at 10:15 a.m. is reset to 1/18/11 at 10:30 a.m. Mailed notice (ep, ) (Entered: 01/11/2011)

PACER
86 Jan. 13, 2011

MINUTE entry before Honorable Robert W. Gettleman: Presentation date for defendants' motion to dismiss is re−set to 1/18/2011 at 9:15 a.m. Telephone notice (gds, ) (Entered: 01/13/2011)

PACER
87 Jan. 18, 2011

MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing held. The parties shall complete non−expert class discovery by 10/31/11. The Court indicated to the parties that this case would be placed into the Seventh Circuit Electronic Discovery Pilot Program. The Court therefore will apply the standing order relating to the discovery of electronically stored information ("ESI") (available at www.ilnd.uscourts.gov). The parties shall familiarize themselves with the standing order and with the principles relating to the discovery of electronically stored information that underlies the standing order, and shall use the standing order and those principles in addressing any discovery disputes that may arise in this case concerning ESI. Mailed notice (ep, ) (Entered: 01/18/2011)

PACER
88 Jan. 18, 2011

MINUTE entry before Honorable Robert W. Gettleman: Motion hearing held on 1/18/2011 regarding defendants' motion to dismiss 80 plaintiffs' amended complaint. Plaintiffs' response is due by 2/1/2011. Defendants' reply is due by 2/8/2011. Status hearing set for 3/29/2011 at 9:00 a.m. Mailed notice (gds, ) (Entered: 01/25/2011)

PACER
89 Jan. 31, 2011

MINUTE entry before Honorable Robert W. Gettleman: Plaintiff is given an extension of time to 2/4/2011 to file response to motion 80 to dismiss plaintiffs' amended complaint. Defendants' reply is due by 2/14/2011. Telephone notice (gds, ) (Entered: 01/31/2011)

PACER
90 Feb. 3, 2011

MINUTE entry before Honorable Robert W. Gettleman: Plaintiff is given an extension of time to 2/7/2011 to file response to motion 80 to dismiss the amended complaint. Reply is due by 2/16/2011. Telephone notice (gds, ) (Entered: 02/03/2011)

PACER
91 Feb. 7, 2011

MEMORANDUM by Cathy Bender−Jackson, LeRoy Brown, Glenn Capel, Maroc Howard, Mark Johnson, George McReynolds, Carnell Moore, Frankie Ross, Marva York in Opposition to motion to dismiss 80 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Friedman, Linda) (Entered: 02/07/2011)

PACER
92 Feb. 16, 2011

REPLY by Defendants Bank of America Corporation, Merrill Lynch &Co., Inc., Merrill Lynch, Pierce, Fenner &Smith to motion to dismiss 80 (Defendants' Reply Memorandum in Further Support of Its Motion to Dismiss) (Attachments: # 1 Exhibit A)(Lightfoot, Lori) (Entered: 02/16/2011)

PACER
94 Feb. 25, 2011

MINUTE entry before Honorable Robert W. Gettleman: Status hearing date of 3/29/2011 is stricken. Mailed notice (gds, ) (Entered: 02/25/2011)

PACER
95 March 4, 2011

MINUTE entry before Honorable Jeffrey T. Gilbert: Status hearing set for 3/30/11 at 9:45 a.m. or at such immediately after the status hearing scheduled before Judge Gettleman. Mailed notice (ep, ) (Entered: 03/04/2011)

PACER
96 March 29, 2011

MINUTE entry before Honorable Robert W. Gettleman: Defendants' motion to dismiss 80 the amended complaint is granted. Civil case terminated. Mailed notice (gds, ) (Entered: 03/29/2011)

PACER
97 March 29, 2011

Memorandum Opinion and Order signed by the Honorable Robert W. Gettleman on 3/29/2011: Mailed notice (gds, )

Clearinghouse
98 March 30, 2011

MINUTE entry before Honorable Jeffrey T. Gilbert: Pursuant to Judge Gettleman's order issued on 3/29/11 96 , all matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Referral terminated. Mailed notice (ep, ) (Entered: 03/30/2011)

PACER
99 April 25, 2011

NOTICE of appeal by Cathy Bender−Jackson, LeRoy Brown, Glenn Capel, Maroc Howard, Mark Johnson, George McReynolds, Carnell Moore, Frankie Ross, Marva York regarding orders 97 , 96 , 98 Filing fee $ 455, receipt number 0752−5933849. (Friedman, Linda) (Entered: 04/25/2011)

PACER
100 April 25, 2011

DOCKETING Statement by Cathy Bender−Jackson, LeRoy Brown, Glenn Capel, Maroc Howard, Mark Johnson, George McReynolds, Carnell Moore, Frankie Ross, Marva York regarding notice of appeal, 99 (Friedman, Linda) (Entered: 04/25/2011)

PACER
101 April 26, 2011

NOTICE of Appeal Due letter sent to counsel of record (dj, ) (Entered: 04/26/2011)

PACER
102 April 26, 2011

TRANSMITTED to the 7th Circuit the short record on notice of appeal, 99 . Notified counsel (dj, ) (Entered: 04/26/2011)

PACER
103 April 26, 2011

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal, 99 ; USCA Case No. 11−1957. (smm) (Entered: 04/27/2011)

PACER
104 May 5, 2011

TRANSCRIPT OF PROCEEDINGS held on 01/18/11 before the Honorable Robert W. Gettleman. Court Reporter Contact Information: Jennifer Costales, CRR, RMR jennifer_costales@ilnd.uscourts.gov (312)427−5351. <P>IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 5/26/2011. Redacted Transcript Deadline set for 6/6/2011. Release of Transcript Restriction set for 8/3/2011. (Costales, Jennifer) (Entered: 05/05/2011)

PACER
105 May 10, 2011

SEVENTH CIRCUIT transcript information sheet by Cathy Bender−Jackson, LeRoy Brown, Glenn Capel, Maroc Howard, Mark Johnson, George McReynolds, Carnell Moore, Frankie Ross, Marva York (Robot, George) (Entered: 05/10/2011)

PACER
106 May 11, 2011

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 99 (USCA no. 11−1957). (dj, ) (Entered: 05/11/2011)

PACER

Case Details

State / Territory:

Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Post-WalMart decisions on class certification

Key Dates

Filing Date: Oct. 24, 2008

Closing Date: Oct. 3, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Male and female African-American financial advisors employed at Merrill Lynch.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Private Entity/Person

Bank of America Corporation

Merrill Lynch &Co., Inc.

Merrill Lynch, Pierce, Fenner &Smith

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Northern District of Illinois 1:08-cv-06105

U.S. Court of Appeals for the Seventh Circuit 11-03639

U.S. Court of Appeals for the Seventh Circuit 11-01957

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Pay / Benefits

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Female

Male

EEOC-centric:

Direct Suit on Merits

Recommended Citation