Amochaev v. Citigroup Global Markets Inc.

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: (415) 956-1000 Facsimile: (415) 956-1008 [email protected] Attorneys for Plaintiffs and the Proposed Class [Additional Counsel listed on Signature Page] Mark Dichter (pro hac vice) MORGAN LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 Telephone: 215.963.5000 Facsimile: 215.963.5001 [email protected] Attorneys for Defendant Morgan Stanley Smith Barney [Additional Counsel listed on Signature Page]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RENEE FASSBENDER AMOCHAEV, Case No. C- 05-1298 PJH DEBORAH ORLANDO, KATHRYN N.

VARNER and IVY SO, on behalf of CLASS ACTION themselves and all others similarly situated,

STIPULATION AND ORDER Plaintiffs, TRANSFERRING CASE TO THE

DISTRICT OF THE DISTRICT OF v. COLUMBIA

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

Defendant.

STIPULATION AND ORDER 939243.1 CASE NO. C- 05-1298 PJH

WHEREAS, the Court entered the final order and judgment in this gender discrimination class action on August 13, 2008, but retained continuing jurisdiction over the settlement;

WHEREAS, on January 13, 2009, Morgan Stanley and Citigroup announced that they had reached agreement to combine Morgan Stanley’s Global Wealth Management Group and Citigroup’s Smith Barney group (which employed the Financial Advisor class members in this case);

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 Financial Advisors, Augst-Johnson, et al v. Morgan Stanley & Co, Incorporated, Case No. 1:06- CV-01142 (RWR) (D.D.C.);

WHEREAS, since the merger, the parties in this case and Augst-Johnson worked diligently to enter into a Consolidated Settlement Agreement combining the material terms negotiated in both cases;

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

WHEREAS, in early June, 2011, counsel in this case alerted the Court to the merger, the Consolidated Settlement Agreement, and the need to locate the Consolidated Agreement combining both settlements under one judge;

WHEREAS, the Augst-Johnson was settled first and Morgan Stanley represents the superior shareholder in the merged companies, the parties have proposed that the District of Columbia be the venue for the Consolidated Settlement to proceed; and

WHEREAS, having discussed this matter with this Court and thereafter providing the same information to Judge Richard W. Roberts, the presiding judge in Augst-Johnson, Judge Roberts advised the parties in Augst-Johnson by Minute Order dated September 19, 2011, "This Court is prepared to move forward with a transferred and consolidated related case....";

IT IS HEREBY STIPULATED, by and between the parties through their respective counsel of record, that the parties respectfully propose that the Court transfer the file in this case to the District of Columbia for consolidation with the Augst-Johnson case so that the Consolidated Settlement Agreement may be considered, and with continuing jurisdiction to remain over the settlement in the District of Columbia.

SO STIPULATED.

Dated: September 30, 2011 Respectfully submitted,

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP By: /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: (415) 956-1000 Facsimile: (415) 956-1008 Adam T. Klein (Pro Hac Vice) OUTTEN & GOLDEN LLP 3 Park Avenue, 29th Floor New York, New York 10016 Telephone: (212) 245-1000 Facsimile: (212) 977-4005 Cyrus Mehri (Pro Hac Vice) MEHRI & SKALET, PLLC 1250 Connecticut Ave, NW, Suite 300 Washington, DC 20036 Telephone: (202) 822-5100 Facsimile: (202) 822-4997 Plaintiffs’ Class Counsel

DATED: September, 30, 2011 MORGAN LEWIS & BOCKIUS LLP

By: /s/ Mark Dichter Mark Dichter

Mark Dichter (pro hac vice) MORGAN LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 Telephone: 215.963.5000 Facsimile: 215.963.5001 Attorneys for Defendant Morgan Stanley Smith Barney

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. The Clerk’s Office is hereby directed to transfer the file in this case to the U.S. District Court for the District of Columbia for consideration of relation to Augst-Johnson, et al v. Morgan Stanley & Co, Incorporated, Case No. 1:06-CV-01142 (RWR) (D.D.C.).

S DISTRICT October 3 TE C

Dated: ___________________, 2011 TA

The Honorable Phyllis J. Hamilton

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United States District Judge

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