Buchanan v. Tata Consultancy Servs.

Opinion

Order Granting in Part Motion for Leave to Amend; Denying Motion to Exclude Expert Opinion; Denying Motion for Summary Judgment; Granting in Part and Denying in Part Motion for Class Certification

Dkt. Nos. 104, 106, 115, 125, 194

Plaintiffs Brian Buchanan and Christopher Slaight¹ bring this putative class action against defendant Tata Consultancy Services, Ltd. ("TCS") for discrimination in employment practices. Plaintiffs bring causes of action for disparate treatment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq., and the Civil Rights Act of 1866, 42 U.S.C. 1981. (Dkt. No. 82, Third Amended [*2]  Complaint ("TAC") ¶¶ 78-87.) Plaintiffs Buchanan and Slaight allege that TCS discriminated against them in their hiring, employment, and/or termination practices based on race and national origin. (TAC ¶¶ 1-5.) Specifically, plaintiffs claim that TCS maintains a pattern and practice of intentional discrimination in its United States workforce whereby TCS treats persons who are South Asian² or of Indian national origin³ more favorably than those who are not South Asian or of Indian national origin. (Id.)

Four substantive motions are now before the Court, namely plaintiffs' motions for (i) leave to file a fourth amended complaint (Dkt. No. 104) and (ii) class certification (Dkt. No. 115);⁴ and TCS' motions (iii) to exclude the expert opinion of Dr. David Neumark (Dkt. No. 106) and (iv) for summary judgment. (Dkt. No. 125.)⁵ Having carefully considered the pleadings and fully-briefed motions, the hearing held on October 3, 2017, and for the reasons set forth below, the Court Orders as follows:⁶

1. Plaintiffs' motion for leave to file a fourth amended complaint is Granted in Part as to amending to add Seyed Amir Masoudi and Nobel Mandili as named plaintiffs; Denied in Part as to adding Steven [*3]  Webber.⁷

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