On June 30, 2016 a
Motion-Secondary
was filed
involving a dispute between
Maria Urena,
and
Jp Morgan Chase,
Melissa Mathey,
Sherri Fitzgerald,
William Berdini,
William Li,
for Commercial - Other (employment discrimination)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 07/17/2018 11:14 PM INDEX NO. 511145/2016
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------X
:
MARIA URENA, :
:
Plaintiff, : Index No. 511145/2016
:
-against- :
:
JP MORGAN CHASE, :
AFFIRMATION OF
WILLIAM :
LI, DANIEL M. BERNSTEIN
MELISSA MATHEY, IN SUPPORT OF
DEFENDANTS'
SHERRI FITZJARRALD, and MOTION
WILLIAM
FOR SUMMARY JUDGMENT
BERDINI,
.
Defendants.
-------------------------------------------------------------------X
DANIEL M. BERNSTEIN, an attorney duly licensed to practice law in the State of New
York and before this Court, hereby affirms under the penalties of perjury as follows:
1. I am an associate at the law firm of Ogletree, Deakins, Nash, Smoak & Stewart,
("Chase"
P.C., attorneys for defendants JP Morgan Chase ("Chase"), William Li, Melissa Mathey, Sherri
"Defendants"
Fitzjarrald, and William Berdini (collectively, the "Defendants"), and as such, I am fully familiar
with the facts and circumstances underlying this Affirmation.
Defendants'
2. I submit this Affirmation in support of Motion for Summary
"Motion"
Judgment (the "Motion").
3. Attached hereto as Exhibit A is a true and correct copy of the Supplemental
Summons and Amended Verified Complaint filed by Plaintiff Maria Urena in this action.
4. Attached hereto as Exhibit B is a true and correct copy of the Verified Answer,
Defenses, and Affirmative Defenses to Plaintiff's Amended Verified Complaint, filed by
Defendants in this action.
1 of 3
FILED: KINGS COUNTY CLERK 07/17/2018 11:14 PM INDEX NO. 511145/2016
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2018
5. Attached hereto as Exhibit C is a true and correct copy of the pages of the
Defendants'
transcripts of the deposition of Plaintiff Maria Urena which are cited in the
Memorandum of Law in support of the Motion.
6. Attached hereto as Exhibit 0 is a true and correct copy of Chase's position
description for the position of Lead Teller Operations Specialist.
7. Attached hereto as Exhibit E is a true and correct copy of Chase's Equal
Opportunity, Anti-Discrimination and Anti-Harassment Policy.
8. Attached hereto as Exhibit F isa true and correct copy of Chase's Code of
Conduct, and Plaintiff's annual affirmations from 2010 through 2015 that she understood and
would comply with the Code of Conduct.
9. Attached hereto as Exhibit G is a true and correct copy of Chase's Cash
Differences policy.
10. Attached hereto as Exhibit H is a true and correct copy of Chase's Corrective
Action for Cash Differences/Policy Exception Losses policy
11. Attached hereto as Exhibit I is a true and correct copy of the written warning to
performance"
Plaintiff for "overall unsatisfactory dated August 5, 2015.
12. Attached hereto as Exhibit J is a true and correct copy of the pages of the
Defendants'
transcript of the deposition of William Li which are cited in the Memorandum of
Law in support of the Motion.
13. Attached hereto as Exhibit K is a true and correct copy of an email dated
November 16, 2015, from Chase's Teller Cash Reconciliation Department to William Li and
Plaintiff, and Li's reply of the same date.
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FILED: KINGS COUNTY CLERK 07/17/2018 11:14 PM INDEX NO. 511145/2016
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2018
Dated: New York, New York
July 17, 2018
Daniel M. Bernstein
34865507.1
3 of 3
Document Filed Date
July 17, 2018
Case Filing Date
June 30, 2016
Category
Commercial - Other (employment discrimination)
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FILED: KINGS COUNTY CLERK 07/17/2018 11:14 PM INDEX NO. 511145/2016 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X : MARIA URENA, : : Plaintiff, : Index No. 511145/2016 : -against- : : JP MORGAN CHASE, : AFFIRMATION OF WILLIAM : LI, DANIEL M. BERNSTEIN MELISSA MATHEY, IN SUPPORT OF DEFENDANTS' SHERRI FITZJARRALD, and MOTION WILLIAM FOR SUMMARY JUDGMENT BERDINI, . Defendants. -------------------------------------------------------------------X DANIEL M. BERNSTEIN, an attorney duly licensed to practice law in the State of New York and before this Court, hereby affirms under the penalties of perjury as follows: 1. I am an associate at the law firm of Ogletree, Deakins, Nash, Smoak & Stewart, ("Chase" P.C., attorneys for defendants JP Morgan Chase ("Chase"), William Li, Melissa Mathey, Sherri "Defendants" Fitzjarrald, and William Berdini (collectively, the "Defendants"), and as such, I am fully familiar with the facts and circumstances underlying this Affirmation. Defendants' 2. I submit this Affirmation in support of Motion for Summary "Motion" Judgment (the "Motion"). 3. Attached hereto as Exhibit A is a true and correct copy of the Supplemental Summons and Amended Verified Complaint filed by Plaintiff Maria Urena in this action. 4. Attached hereto as Exhibit B is a true and correct copy of the Verified Answer, Defenses, and Affirmative Defenses to Plaintiff's Amended Verified Complaint, filed by Defendants in this action. 1 of 3 FILED: KINGS COUNTY CLERK 07/17/2018 11:14 PM INDEX NO. 511145/2016 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2018 5. Attached hereto as Exhibit C is a true and correct copy of the pages of the Defendants' transcripts of the deposition of Plaintiff Maria Urena which are cited in the Memorandum of Law in support of the Motion. 6. Attached hereto as Exhibit 0 is a true and correct copy of Chase's position description for the position of Lead Teller Operations Specialist. 7. Attached hereto as Exhibit E is a true and correct copy of Chase's Equal Opportunity, Anti-Discrimination and Anti-Harassment Policy. 8. Attached hereto as Exhibit F isa true and correct copy of Chase's Code of Conduct, and Plaintiff's annual affirmations from 2010 through 2015 that she understood and would comply with the Code of Conduct. 9. Attached hereto as Exhibit G is a true and correct copy of Chase's Cash Differences policy. 10. Attached hereto as Exhibit H is a true and correct copy of Chase's Corrective Action for Cash Differences/Policy Exception Losses policy 11. Attached hereto as Exhibit I is a true and correct copy of the written warning to performance" Plaintiff for "overall unsatisfactory dated August 5, 2015. 12. Attached hereto as Exhibit J is a true and correct copy of the pages of the Defendants' transcript of the deposition of William Li which are cited in the Memorandum of Law in support of the Motion. 13. Attached hereto as Exhibit K is a true and correct copy of an email dated November 16, 2015, from Chase's Teller Cash Reconciliation Department to William Li and Plaintiff, and Li's reply of the same date. 2 of 3 FILED: KINGS COUNTY CLERK 07/17/2018 11:14 PM INDEX NO. 511145/2016 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2018 Dated: New York, New York July 17, 2018 Daniel M. Bernstein 34865507.1 3 of 3