Case: EEOC v. Abercrombie & Fitch Stores, Inc.

5:11-cv-03162 | U.S. District Court for the Northern District of California

Filed Date: June 27, 2011

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On June 27, 2011, the EEOC, on behalf of a Muslim woman, filed a lawsuit in the Northern District of California under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 against Abercrombie and Fitch Stores, Inc. and Hollister Co. California LLC. The EEOC asked the court for a permanent injunction, compensatory damages, and punitive damages, claiming 1) the defendants failed to accommodate the sincerely held religious belief and the practice of wearing a hijab…

On June 27, 2011, the EEOC, on behalf of a Muslim woman, filed a lawsuit in the Northern District of California under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 against Abercrombie and Fitch Stores, Inc. and Hollister Co. California LLC. The EEOC asked the court for a permanent injunction, compensatory damages, and punitive damages, claiming 1) the defendants failed to accommodate the sincerely held religious belief and the practice of wearing a hijab (head scarf) of the Muslim woman, and 2) the defendants fired the Muslim woman because of her religion, Islam. On September 9, 2011, the Muslim woman filed a complaint as a plaintiff-intervenor, represented by Legal Aid Society - Employment Law Center and the Council on American-Islamic Relations (San Francisco Bay Area chapter), asking the court for a declaratory judgment, injunctive relief, compensatory damages, punitive damages, attorneys' fees, and interest. The plaintiff-intervenor claimed that the defendants unlawfully discriminated against her and discharged her because of her religion, and also failed to accommodate her religion, both under Title VII of the Civil Rights Act of 1964 and California Fair Employment and Housing Act.

In October 2009, the plaintiff-intervenor applied for a job at Abercrombie and Fitch ("A&F") in San Mateo, CA and was told her hijab comported with A&F's "Look Policy." She was hired as a stockroom employee but on February 9, 2010, a manager saw her on the sales floor. On February 15, 2010 she was told by human resources to remove her hijab since it violated the company's "Look Policy." When she explained she could not remove it because of her religious beliefs, she was suspended until further notice. She was told to come back to work on February 22, 2010 but was told to remove her hijab. When she refused to do so stating it was part of her religion, her employment was terminated.

The plaintiff-intervenor filed a Charge of Discrimination with the EEOC and DFEH on March 1, 2010. The EEOC was involved in two other cases with A&F at the time for similar charges. The EEOC and A&F tried settling the case numerous times but to no avail. On June 27, 2011, the EEOC filed this suit. After the plaintiff-intervenor's complaint on September 9, 2011, the court (Judge Edward J. Davila) ordered case management conferences and the parties went through the discovery process for a couple years.

In September 3, 2013, the court (Judge Edward J. Davila) granted plaintiffs' (EEOC) motion for partial summary judgment on the failure to accommodate claim and denied defendants' cross-motion for summary judgment. The defendants did not dispute plaintiffs' prima facie case but stated that accommodating the plaintiff-intervenor would cause undue hardship, or more than a de minimus cost. The defendants did not claim economic harm specifically but said deviating from the "Look Policy" would detract from the in-store experience, negatively affect the brand, and threaten the company's success. The court (Judge Davila) found that the defendants failed to meet their burden because they provided no evidence other than opinion testimony. The defendants then tried a novel commercial speech defense arguing that its employees are like "living advertisements," but the court (Judge Davila) rejected this argument. The court (Judge Davila) also denied defendants' motion for partial summary judgment as to the injunctive relief and punitive damages claims.

On September 19, 2013, the Court approved a stipulated judgment and decree. Among other things, the Court ordered the defendants to not discriminate on the basis of religious accommodation and to reasonably grant requests for religious accommodations. The plaintiff-intervenor received $48,000 for backpay and compensatory damages, a statement of regret, and a letter of reference. The defendants will also be subject to monitoring and reporting. The decree is to be in force for three years.

The decree was entered in September 2013 and scheduled to last until September 2016. No further docket entries exist, so the case is closed.

Summary Authors

Perry Miska (3/12/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4178337/parties/us-equal-employment-opportunity-commission-v-abercrombie-fitch-stores/


Judge(s)

Davila, Edward John (California)

Lloyd, Howard R. (California)

Rogers, Yvonne Gonzalez (California)

Ryu, Donna Miae (California)

Attorneys(s) for Plaintiff

Chien, Marsha Jade (California)

Hulett, Denise M. (California)

Lopez, P. David (District of Columbia)

Mitchell, Marcia L (California)

Peck, Jonathan T. (California)

Reams, Gwendolyn Young (District of Columbia)

Judge(s)

Davila, Edward John (California)

Lloyd, Howard R. (California)

Rogers, Yvonne Gonzalez (California)

Ryu, Donna Miae (California)

Attorneys(s) for Plaintiff

Chien, Marsha Jade (California)

Hulett, Denise M. (California)

Lopez, P. David (District of Columbia)

Mitchell, Marcia L (California)

Peck, Jonathan T. (California)

Reams, Gwendolyn Young (District of Columbia)

Tamayo, William Robert (California)

Thanasombat, Sirithon (California)

Attorneys(s) for Defendant

Acevedo, Diego F. (California)

Clark, Daniel J. (Ohio)

Dexter, Douglas Evans (California)

Knueve, Mark A. (Ohio)

Lee, Amarra Autumn (California)

Stilp, Samantha Alyson (Ohio)

Other Attorney(s)

Abdo, Aliah A (California)

Billoo, Zahra Aslam (California)

Ho, Christopher (California)

Martinez−Olguin, Araceli (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 22, 2014 Docket
1

Complaint

2011 WL 2536400

June 27, 2011 Complaint
28

Complaint in Intervention for Damages and Injunctive and Declaratory Relief for Employment Discrimination

Sept. 9, 2011 Complaint
129

Order granting partial summary judgment

966 F.Supp.2d 949, 2013 WL 4726137, 2013 U.S.Dist.LEXIS 125628

Sept. 3, 2013 Order/Opinion
170

Stipulated Judgment and Decree

Sept. 19, 2013 Order/Opinion

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4178337/us-equal-employment-opportunity-commission-v-abercrombie-fitch-stores/

Last updated May 28, 2022, 3:04 a.m.

ECF Number Description Date Link
1

COMPLAINT against Abercombie & Fitch Stores, Inc. filed by U.S. Equal Employment Opportunity Commission. (vlk, COURT STAFF) (Filed on 6/27/2011) (Additional attachment(s) added on 6/29/2011: # 1 Civil Cover Sheet) (vlkS, COURT STAFF). (Entered: 06/28/2011)

1 Civil Cover Sheet

View on PACER

June 27, 2011 RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 10/12/2011. Case Management Conference set for 10/19/2011 01:30 PM. (Attachments: # 1 Standing Order)(vlk, COURT STAFF) (Filed on 6/27/2011) (Entered: 06/28/2011)

1 Standing Order

View on PACER

June 27, 2011 PACER
3

Summons Issued as to Abercombie & Fitch Stores, Inc.. (vlk, COURT STAFF) (Filed on 6/27/2011) (vlkS, COURT STAFF). (Entered: 06/28/2011)

June 27, 2011 PACER
4

MOTION to Intervene filed by Umme-Hani Khan. Responses due by 7/11/2011. Replies due by 7/18/2011. (vlk, COURT STAFF) (Filed on 6/27/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (vlk, COURT STAFF). (Entered: 06/28/2011)

June 27, 2011 RECAP
5

MEMORANDUM in Support re 4 MOTION to Intervene filed by Umme-Hani Khan. (Related document(s) 4 ) (vlk, COURT STAFF) (Filed on 6/27/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (vlk, COURT STAFF). (Entered: 06/28/2011)

June 27, 2011 PACER
6

Declaration of Araceli Martinez-Olguin in Support of 4 MOTION to Intervene filed by U.S. Equal Employment Opportunity Commission, Umme-Hani Khan. (Related document(s) 4 ) (vlk, COURT STAFF) (Filed on 6/27/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (vlk, COURT STAFF). (Entered: 06/28/2011)

June 27, 2011 PACER
7

Proposed Order re 4 MOTION to Intervene by U.S. Equal Employment Opportunity Commission. (vlk, COURT STAFF) (Filed on 6/27/2011) (Entered: 06/28/2011)

June 27, 2011 PACER
8

CERTIFICATE OF SERVICE by Umme-Hani Khan re 5 Memorandum in Support, 7 Proposed Order, 4 MOTION to Intervene, 6 Declaration in Support, (vlk, COURT STAFF) (Filed on 6/27/2011) (vlk, COURT STAFF). (Entered: 06/28/2011)

June 27, 2011 PACER
9

FILED IN WRONG CASE. PLEASE DISREGARD.CLERK'S NOTICE re completion of In Forma Pauperis affidavit or payment of filing fee due within 30 days. (vlk, COURT STAFF) (Filed on 6/28/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (Entered: 06/28/2011)

June 28, 2011 RECAP
10

NOTICE by U.S. Equal Employment Opportunity Commission of Unavailability of Counsel (Mitchell, Marcia) (Filed on 6/28/2011) (Entered: 06/28/2011)

June 28, 2011 PACER
11

CONSENT to Proceed Before a US Magistrate Judge by Umme-Hani Khan.. (Attachments: # 1 Affidavit Proof of Service for Consent to Proceed Before a U.S. Magistrate Judge)(Martinez-Olguin, Araceli) (Filed on 7/5/2011) (Entered: 07/05/2011)

1 Affidavit Proof of Service for Consent to Proceed Before a U.S. Magistrate Judge

View on PACER

July 5, 2011 PACER
12

CONSENT to Proceed Before a US Magistrate Judge by U.S. Equal Employment Opportunity Commission.. (Attachments: # 1 Certificate of Service)(Peck, Jonathan) (Filed on 7/5/2011) (Entered: 07/05/2011)

1 Certificate of Service

View on PACER

July 5, 2011 PACER
13

CLERK'S NOTICE TO DEFENDANT RE: Consent or Declination to Proceed before a U.S. Magistrate Judge with deadline set. (ig, COURT STAFF) (Filed on 7/27/2011) (Entered: 07/27/2011)

July 27, 2011 PACER
14

CERTIFICATE OF SERVICE TO DEFENDANT of 13 Clerk's Notice re: Consent or Declination to proceed before a U.S. Magistrate Judge (ig, COURT STAFF) (Filed on 7/27/2011) (Entered: 07/27/2011)

July 27, 2011 PACER
15

Declination to Proceed Before a U.S. Magistrate Judge by Abercombie & Fitch Stores, Inc.. (Lee, Amarra) (Filed on 7/27/2011) (Entered: 07/27/2011)

July 27, 2011 PACER
16

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (vlk, COURT STAFF) (Filed on 7/28/2011) (Entered: 07/28/2011)

July 28, 2011 PACER
17

ORDER REASSIGNING CASE. Case reassigned to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by Executive Committee on 7/29/11. (kk, COURT STAFF) (Filed on 7/29/2011) (Entered: 07/29/2011)

July 29, 2011 PACER
18

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/10/2011. Initial Case Management Conference set for 11/17/2011 02:00 PM. Signed by Judge Phyllis J. Hamilton on 8/3/11. (nah, COURT STAFF) (Filed on 8/3/2011) (Entered: 08/03/2011)

Aug. 3, 2011 RECAP
19

Re-Notice of re 4 Motion to Intervene filed by Umme-Hani Khan. Motion Hearing set for 9/14/2011 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 8/22/2011. Replies due by 8/29/2011. (Ho, Christopher) (Filed on 8/8/2011) Modified on 8/9/2011 (vlk, COURT STAFF). (Entered: 08/08/2011)

Aug. 8, 2011 PACER
20

Statement of Non-Opposition re 4 MOTION to Intervene filed byU.S. Equal Employment Opportunity Commission. (Related document(s) 4 ) (Mitchell, Marcia) (Filed on 8/19/2011) (Entered: 08/19/2011)

Aug. 19, 2011 PACER
26

ORDER Cases C10-3911 EJD and C11-3162 PJH are NOT related within the meaning of Rule 3-12(a).. Signed by Judge Edward J. Davila on 8/23/11. (cv, COURT STAFF) (Filed on 8/23/2011) (Entered: 08/30/2011)

Aug. 23, 2011 RECAP
21

MOTION of Samantha A. Stilp for leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 4611007494.) filed by Abercombie & Fitch Stores, Inc.. (Attachments: # 1 Proposed Order)(vlk, COURT STAFF) (Filed on 8/24/2011) (Entered: 08/25/2011)

1 Proposed Order

View on PACER

Aug. 24, 2011 PACER
22

MOTION of Daniel J. Clark for leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 44611007494.) filed by Abercombie & Fitch Stores, Inc.. (Attachments: # 1 Proposed Order)(vlk, COURT STAFF) (Filed on 8/24/2011) (Entered: 08/25/2011)

1 Proposed Order

View on PACER

Aug. 24, 2011 PACER
23

ANSWER to Complaint byAbercombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Lee, Amarra) (Filed on 8/26/2011) (Entered: 08/26/2011)

Aug. 26, 2011 RECAP
24

ORDER by Judge Phyllis J. Hamilton granting 21 Motion for Pro Hac Vice for Samantha Stilp. (nah, COURT STAFF) (Filed on 8/29/2011) (Entered: 08/29/2011)

Aug. 29, 2011 PACER
25

ORDER by Judge Phyllis J. Hamilton granting 22 Motion for Pro Hac Vice for Daniel Clark. (nah, COURT STAFF) (Filed on 8/29/2011) (Entered: 08/29/2011)

Aug. 29, 2011 PACER
27

ORDER Granting 4 MOTION to Intervene filed by Umme-Hani Khan. Signed by Judge Phyllis J. Hamilton on 9/8/2011. (hlk, COURT STAFF) (Filed on 9/8/2011) (Entered: 09/08/2011)

Sept. 8, 2011 RECAP
29

MOTION of Mark A. Knueve for leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 44611007569.) filed by Abercombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Attachments: # 1 Proposed Order)(vlk, COURT STAFF) (Filed on 9/8/2011) (Entered: 09/09/2011)

1 Proposed Order

View on PACER

Sept. 8, 2011 PACER
28

Intervenor COMPLAINT, Demand for Jury Trial, for Damages and Injunctive and Declaratory Relief for Employment Discrimination. Filed by Umme-Hani Khan. (Ho, Christopher) (Filed on 9/9/2011) Modified on 9/12/2011 (kc, COURT STAFF). (Entered: 09/09/2011)

Sept. 9, 2011 PACER
30

ORDER by Judge Phyllis J. Hamilton granting 29 Motion for Pro Hac Vice for Mark A. Kneuve. (nah, COURT STAFF) (Filed on 9/13/2011) (Entered: 09/13/2011)

Sept. 13, 2011 PACER
31

ANSWER to Intervenor Complaint byAbercombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Lee, Amarra) (Filed on 9/30/2011) (Entered: 09/30/2011)

Sept. 30, 2011 PACER
32

MOTION to Appear by Telephone at Case Management Conference filed by Abercombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Attachments: # 1 Proposed Order Granting Motion to Participate in Case Management Conference by Telephone)(Stilp, Samantha) (Filed on 11/3/2011) (Entered: 11/03/2011)

1 Proposed Order Granting Motion to Participate in Case Management Conference by T

View on PACER

Nov. 3, 2011 PACER
33

ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 11/7/2011) (Entered: 11/07/2011)

Nov. 7, 2011 RECAP
34

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Martinez-Olguin, Araceli) (Filed on 11/9/2011) (Entered: 11/09/2011)

Nov. 9, 2011 PACER
35

ORDER SCHEDULING TELEPHONIC CASE MANAGEMENT CONFERENCE re 32 MOTION to Appear by Telephone at Case Management Conference filed by Abercombie & Fitch Stores, Inc., Hollister Co. California, LLC. Joint Case Management Statement due by 11/10/2011. Initial Case Management Conference set for 11/17/2011 01:30 PM. Signed by Judge Phyllis J. Hamilton on 11/9/11. (nah, COURT STAFF) (Filed on 11/9/2011) (Entered: 11/09/2011)

Nov. 9, 2011 RECAP
36

CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Umme-Hani Khan. (Billoo, Zahra) (Filed on 11/9/2011) (Entered: 11/09/2011)

Nov. 9, 2011 PACER
37

Minute Entry: Initial Case Management Conference held on 11/17/2011 before Phyllis J. Hamilton (Date Filed: 11/17/2011), CASE REFERRED to Magistrate Judge Corley for Settlement Conference. Non-Expert Discovery due by 8/1/2012. Disclosure of Experts due by 9/17/2012. Expert Discovery due by 2/8/2013. Dispositive Motions to be filed by 7/10/2013. Final Pretrial Conference set for 12/12/2013 02:00 PM. Jury Selection set for 1/13/2014 08:30 AM before Hon. Phyllis J. Hamilton. Jury Trial set for 1/13/2014 08:30 AM before Hon. Phyllis J. Hamilton. (Court Reporter Not Reported.) (nah, COURT STAFF) (Date Filed: 11/17/2011) (Entered: 11/18/2011)

Nov. 17, 2011 RECAP
38

CASE MANAGEMENT AND PRETRIAL ORDER re 37 Case Management Conference - Initial. Signed by Judge Phyllis J. Hamilton on 11/21/11. (nah, COURT STAFF) (Filed on 11/21/2011) (Entered: 11/21/2011)

Nov. 21, 2011 RECAP
39

Notice of Settlement Conference and Settlement Conference Order. Settlement Conference set for 4/3/2012 at 09:30 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Signed by Magistrate Judge Jacqueline Scott Corley on 11/30/2011. (ahm, COURT STAFF) (Filed on 11/30/2011) (Entered: 11/30/2011)

Nov. 30, 2011 RECAP
40

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Judge Hon. Phyllis J. Hamilton no longer assigned to the case. Signed by Judge Gonzalez Rogers on 1/18/12. (vlk, COURT STAFF) (Filed on 1/18/2012) (Entered: 01/18/2012)

Jan. 18, 2012 RECAP
41

CLERKS NOTICE Case Management Conference set for 5/7/2012 02:00 PM. Dispositive Motions to be heard by 7/9/2013. Jury Selection set for 1/13/2014 08:30 AM before Hon. Yvonne Gonzalez Rogers. 8 Day Jury Trial set for 1/13/2014 08:30 AM before Hon. Yvonne Gonzalez Rogers. Pretrial Conference set for 1/3/2014 09:00 AM before Hon. Yvonne Gonzalez Rogers in a designated courtroom in the Oakland Courthouse. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 1/23/2012) (Entered: 01/23/2012)

1 Certificate/Proof of Service

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Jan. 23, 2012 PACER
42

SECOND JOINT CASE MANAGEMENT STATEMENT filed by Umme-Hani Khan, U.S. Equal Employment Opportunity Commission, Abercrombie & Fitch Store, Inc. (Martinez-Olguin, Araceli) (Filed on 1/24/2012) Modified on 1/25/2012 (kc, COURT STAFF). (Entered: 01/24/2012)

Jan. 24, 2012 RECAP
43

NOTICE of Appearance by Sirithon Thanasombat for Plaintiff Equal Employment Opportunity Commission (Thanasombat, Sirithon) (Filed on 1/31/2012) (Entered: 01/31/2012)

Jan. 31, 2012 PACER
44

Minute Entry: Settlement Conference held on April 3, 2012 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 4/3/2012). Case did not settle. (Court Reporter: Not Reported) (ahm, COURT STAFF) (Date Filed: 4/3/2012) (Entered: 04/03/2012)

April 3, 2012 PACER
45

STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Abercrombie & Fitch Stores, Inc.. (Stilp, Samantha) (Filed on 4/10/2012) (Entered: 04/10/2012)

April 10, 2012 PACER
46

ORDER by Judge Yvonne Gonzalez Rogers granting 45 Stipulation continuing Case Management Conference to 6/4/12 (fs, COURT STAFF) (Filed on 4/12/2012) (Entered: 04/12/2012)

April 12, 2012 PACER
47

MOTION to Appear by Telephone (Unopposed Request for Administrative Relief to Appear by Telephone at the Case Management Conference) filed by Abercrombie & Fitch Stores, Inc.. (Attachments: # 1 Proposed Order Granting Defendants' Unopposed Request for Administrative Relief)(Stilp, Samantha) (Filed on 5/16/2012) Modified on 5/17/2012 (kc, COURT STAFF). (Entered: 05/16/2012)

1 Proposed Order Granting Defendants' Unopposed Request for Administrative Re

View on PACER

May 16, 2012 PACER
48

JOINT CASE MANAGEMENT STATEMENT filed by Abercrombie & Fitch Stores, Inc., U.S. Equal Employment Opportunity Commission, Umme-Hani Khan. (Stilp, Samantha) (Filed on 5/21/2012) Modified on 5/22/2012 (kc, COURT STAFF). (Entered: 05/21/2012)

May 21, 2012 PACER
49

ORDER by Judge Yvonne Gonzalez Rogers granting 47 Defendants Abercrombie & Fitch Stores, Inc., Hollister Co. Motion to Appear by Telephone for the 6/4/12 Case Management Conference. Defendants' local counsel, Douglas Dexter, must appear in person. (fs, COURT STAFF) (Filed on 5/22/2012) (Entered: 05/22/2012)

May 22, 2012 PACER
50

NOTICE of Appearance by Diego F. Acevedo (Acevedo, Diego) (Filed on 5/25/2012) (Entered: 05/25/2012)

May 25, 2012 PACER
51

Minute Entry: Further Case Management Conference held on 6/4/2012 before Yvonne Gonzalez Rogers (Date Filed: 6/4/2012). Amended Pleadings due by 6/29/2012. Non-Expert Discovery due by 10/30/2012. Joinder of Parties due by 6/29/2012. Dispositive Motions heard by 7/10/2013. Case Management Conference set for 12/10/2012 02:00 PM. Final Pretrial Conference set for Friday, 9/13/2013 09:00 AM. Jury Selection set for 9/30/2013 08:30 AM before Hon. Yvonne Gonzalez Rogers. 8 Day Jury Trial set for 9/30/2013 08:30 AM before Hon. Yvonne Gonzalez Rogers. (Court Reporter Raynee Mercado.) (fs, COURT STAFF) (Date Filed: 6/4/2012) (Entered: 06/14/2012)

June 4, 2012 PACER
52

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Yvonne Gonzalez Rogers on 6/14/12. (fs, COURT STAFF) (Filed on 6/14/2012) (Entered: 06/14/2012)

June 14, 2012 RECAP
53

STIPULATION WITH PROPOSED ORDER Proposed Stipulated Protective Order filed by Abercrombie & Fitch Stores, Inc.. (Stilp, Samantha) (Filed on 7/3/2012) (Entered: 07/03/2012)

July 3, 2012 PACER
54

STIPULATED PROTECTIVE ORDER AS MODIFIED BY THE COURT. Signed by Judge Yvonne Gonzalez Rogers on 7/3/2012. (fs, COURT STAFF) (Filed on 7/3/2012) (Entered: 07/05/2012)

July 3, 2012 PACER
55

Joint Discovery Letter Brief of defendants and third-party CAIR-CA filed by Abercrombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Attachments: # 1 Exhibit)(Acevedo, Diego) (Filed on 10/15/2012) (Entered: 10/15/2012)

1 Exhibit

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Oct. 15, 2012 PACER
56

ORDER by Judge Yvonne Gonzalez Rogers granting in part and denying in part 55 Discovery Letter Brief. Deposition shall occur no later the 10/30/12. (sisS, COURT STAFF) (Filed on 10/17/2012) (Entered: 10/17/2012)

Oct. 17, 2012 PACER
57

First Discovery Letter Brief regarding HR Contact Records filed by Umme-Hani Khan. (Martinez-Olguin, Araceli) (Filed on 10/19/2012) (Entered: 10/19/2012)

Oct. 19, 2012 PACER
58

ORDER re 57 First Discovery Letter Brief regarding HR Contact Records filed by Umme-Hani Khan. Signed by Judge Yvonne Gonzalez Rogers on 10/25/12. (fs, COURT STAFF) (Filed on 10/25/2012) (Entered: 10/26/2012)

Oct. 25, 2012 RECAP
59

Joint Discovery Letter Brief filed by U.S. Equal Employment Opportunity Commission, Abercrombie & Fitch Stores, Inc., Holliter Co. California, LLC, Umme-Hani Khan. (Mitchell, Marcia) (Filed on 11/6/2012) Modified on 11/7/2012 (cjl, COURT STAFF). (Entered: 11/06/2012)

Nov. 6, 2012 PACER
60

Joint Discovery Letter Brief filed by U.S. Equal Employment Opportunity Commission, Hollister Co. California, LLC, Abercrombie & Fitch Stores, Inc., Umme-Hani Khan. (Mitchell, Marcia) (Filed on 11/6/2012) Modified on 11/7/2012 (cjl, COURT STAFF). (Entered: 11/06/2012)

Nov. 6, 2012 PACER
61

ORDER REQUIRING PERSONAL APPEARANCE. Signed by Judge Yvonne Gonzalez Rogers on 11/8/12. (fs, COURT STAFF) (Filed on 11/8/2012) (Entered: 11/08/2012)

Nov. 8, 2012 RECAP
62

Plaintiffs' Notice of Resolution of All Discovery Disputes and Request to Vacate Parties Personal Appearanceby Umme-Hani Khan. (Martinez-Olguin, Araceli) (Filed on 11/9/2012) Modified on 11/13/2012 (cjl, COURT STAFF). (Entered: 11/09/2012)

Nov. 9, 2012 PACER
63

MOTION FOR ORDER CHANGING TIME filed by Umme-Hani Khan. Responses due by 11/30/2012. Replies due by 12/7/2012. (Attachments: # 1 Declaration Declaration Of Christopher Ho In Suppport Of Stipulated Request For Order Changing Time, # 2 Proposed Order [Proposed] Order Granting Stipulated Request For Order Changing Time)(Ho, Christopher) (Filed on 11/16/2012) Modified on 11/19/2012 (cp, COURT STAFF). (Entered: 11/16/2012)

1 Declaration Declaration Of Christopher Ho In Suppport Of Stipulated Request For

View on PACER

2 Proposed Order [Proposed] Order Granting Stipulated Request For Order Changing T

View on PACER

Nov. 16, 2012 PACER
64

ORDER by Judge Yvonne Gonzalez Rogers granting 63 Motion for Discovery time extension. (kk, COURT STAFF) (Filed on 11/19/2012) (Entered: 11/19/2012)

Nov. 19, 2012 PACER
65

MOTION to Appear by Telephone at the December 10, 2012 Case Management Conference filed by Abercrombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Attachments: # 1 Proposed Order)(Clark, Daniel) (Filed on 12/3/2012) (Entered: 12/03/2012)

1 Proposed Order

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Dec. 3, 2012 PACER
66

CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by Umme-Hani Khan, U.S. Equal Employment Opportunity Commission, Abercrombie & Fitch Stores, Inc, Hollister Co. California, LLC. (Ho, Christopher) (Filed on 12/3/2012) Modified on 12/4/2012 (cpS, COURT STAFF). (Entered: 12/03/2012)

Dec. 3, 2012 PACER
67

ORDER VACATING CASE MANAGEMENT CONFERENCE by Judge Yvonne Gonzalez Rogers denying as moot 65 Motion to Appear by Telephone and Re-Setting Deadline for Summary Judgment Motion. (fs, COURT STAFF) (Filed on 12/3/2012) (Entered: 12/04/2012)

Dec. 3, 2012 RECAP
68

MOTION for Sanctions Against Third Party CAIR-CA filed by Abercrombie & Fitch Stores, Inc., Hollister Co. California, LLC. Motion Hearing set for 1/29/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 1/4/2013. Replies due by 1/11/2013. (Attachments: # 1 Declaration Declaration of Mark Knueve in Support of Motion for Sanctions, # 2 Proposed Order)(Clark, Daniel) (Filed on 12/21/2012) (Entered: 12/21/2012)

1 Declaration Declaration of Mark Knueve in Support of Motion for Sanctions

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2 Proposed Order

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Dec. 21, 2012 PACER
69

AMENDED CERTIFICATE OF SERVICE by Abercrombie & Fitch Stores, Inc., Hollister Co. California, LLC re 68 MOTION for Sanctions Against Third Party CAIR-CA (Clark, Daniel) (Filed on 12/21/2012) Modified on 12/26/2012 (cpS, COURT STAFF). (Entered: 12/21/2012)

Dec. 21, 2012 PACER
70

RESPONSE (re 68 MOTION for Sanctions Against Third Party CAIR-CA ) filed byCouncil on American-Islamic Relations, California (CAIR-CA). (Attachments: # 1 Certificate/Proof of Service Cert. of Service, # 2 Declaration Decl. of OMF, # 3 Declaration Decl. of DL)(Abdo, Aliah) (Filed on 1/4/2013) (Entered: 01/04/2013)

1 Certificate/Proof of Service Cert. of Service

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2 Declaration Decl. of OMF

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3 Declaration Decl. of DL

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Jan. 4, 2013 PACER
71

Declaration of Zahra Billoo in opposition (re 68 MOTION for Sanctions Against Third Party CAIR-CA ) filed byCouncil on American-Islamic Relations, California (CAIR-CA). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Abdo, Aliah) (Filed on 1/4/2013) Modified on 1/7/2013 (cpS, COURT STAFF). (Entered: 01/04/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Jan. 4, 2013 PACER
72

DECLARATION of Aliah A. Abdo in Opposition to 68 Defendants' Motion for Sanctions Against Third-Party CAIR-CA for Failure to Provide a 30(b)(6) Representative for Deposition filed byCouncil on American-Islamic Relations, California (CAIR-CA). (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Related document(s) 68 ) (Abdo, Aliah) (Filed on 1/4/2013) Modified on 1/7/2013 (cpS, COURT STAFF). (Entered: 01/04/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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Jan. 4, 2013 PACER
73

EXHIBITS re 72 Declaration in Opposition,, Exhibit P Cont. filed byCouncil on American-Islamic Relations, California (CAIR-CA). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Related document(s) 72 ) (Abdo, Aliah) (Filed on 1/4/2013) (Entered: 01/04/2013)

1 Exhibit

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9 Exhibit

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12 Exhibit

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Jan. 4, 2013 PACER
74

REPLY (re 68 MOTION for Sanctions Against Third Party CAIR-CA ) filed byAbercrombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Clark, Daniel) (Filed on 1/11/2013) (Entered: 01/11/2013)

Jan. 11, 2013 PACER
75

MOTION Request for Determination of Defendants' Motion for Sanctions Without Oral Argument and Request to Vacate the January 29, 2013 Hearing on Defendants' Motion for Sanctions re 68 MOTION for Sanctions Against Third Party CAIR-CA filed by Abercrombie & Fitch Stores, Inc., Hollister Co. California, LLC. Responses due by 1/25/2013. Replies due by 2/1/2013. (Clark, Daniel) (Filed on 1/11/2013) (Entered: 01/11/2013)

Jan. 11, 2013 PACER
76

RESPONSE (re 75 MOTION Request for Determination of Defendants' Motion for Sanctions Without Oral Argument and Request to Vacate the January 29, 2013 Hearing on Defendants' Motion for Sanctions re 68 MOTION for Sanctions Against Third Party CAIR-C, 68 MOTION for Sanctions Against Third Party CAIR-CA ) filed byCouncil on American-Islamic Relations, California (CAIR-CA). (Attachments: # 1 Declaration Declaration of Aliah A. Abdo, # 2 Declaration Declaration of Omair M. Farooqui, # 3 Declaration Declaration of Zahra Billoo, # 4 Declaration Declaration of David Lawson, # 5 Certificate/Proof of Service Certificate of Service)(Abdo, Aliah) (Filed on 1/24/2013) (Entered: 01/24/2013)

1 Declaration Declaration of Aliah A. Abdo

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2 Declaration Declaration of Omair M. Farooqui

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3 Declaration Declaration of Zahra Billoo

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4 Declaration Declaration of David Lawson

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5 Certificate/Proof of Service Certificate of Service

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Jan. 24, 2013 PACER
77

ORDER by Judge Yvonne Gonzalez Rogers DENYING 75 Motion for Determination of Defendants' Motion for Sanctions without Oral Argument and request to vacate 1/29/2013 Motion Hearing (fs, COURT STAFF) (Filed on 1/25/2013) (Entered: 01/25/2013)

Jan. 25, 2013 RECAP
82

Minute Entry: Motion Hearing held and submitted on 1/29/2013 before Yvonne Gonzalez Rogers (Date Filed: 1/29/2013) re 68 MOTION for Sanctions Against Third Party CAIR-CA filed by Hollister Co. California, LLC, Abercrombie & Fitch Stores, Inc.. (Court Reporter Raynee Mercado.) (fs, COURT STAFF) (Date Filed: 1/29/2013) (Entered: 02/04/2013)

Jan. 29, 2013 PACER
78

Letter Brief Requesting Pre-Filing Conference filed byU.S. Equal Employment Opportunity Commission, Umme-Hani Khan. (Mitchell, Marcia) (Filed on 1/30/2013) Modified on 1/31/2013 (cpS, COURT STAFF). (Entered: 01/30/2013)

Jan. 30, 2013 RECAP
79

Letter Brief re: Joint Notice of Efforts to Meet and Confer filed byCouncil on American-Islamic Relations, California (CAIR-CA), Hollister Co. California, LLC, Abercrombie & Fitch Stores Inc. (Abdo, Aliah) (Filed on 1/30/2013) Modified on 1/31/2013 (cpS, COURT STAFF). (Entered: 01/30/2013)

Jan. 30, 2013 PACER
80

Letter Brief Responding to Plaintiffs' Request for Pre-filing Conference filed byAbercrombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Knueve, Mark) (Filed on 2/4/2013) (Entered: 02/04/2013)

Feb. 4, 2013 RECAP
81

Letter Brief of Defendants Requesting a Pre-filing Conference filed byAbercrombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Knueve, Mark) (Filed on 2/4/2013) (Entered: 02/04/2013)

Feb. 4, 2013 RECAP
83

ORDER that defendants and third-party CAIR exchange the information as set forth herein re 79 JOINT NOTICE OF EFFORTS TO MEET AND CONFER, filed by Hollister Co. California, LLC, Council on American-Islamic Relations, California (CAIR-CA), Abercrombie & Fitch Stores, Inc.. Signed by Judge Yvonne Gonzalez Rogers on 2/5/2012. (cp, COURT STAFF) (Filed on 2/5/2013) (Entered: 02/05/2013)

Feb. 5, 2013 RECAP
84

ORDER SETTING PRE-SUMMARY JUDGMENT CONFERENCE: Conference set for 2/27/2013 02:00 PM before Hon. Yvonne Gonzalez Rogers re 81, 78 Signed by Judge Yvonne Gonzalez Rogers on 2/6/2013. (cpS, COURT STAFF) (Filed on 2/6/2013) (Entered: 02/06/2013)

Feb. 6, 2013 RECAP
85

Letter Brief Responding to Defendant's Pre-Filing Conf Statement filed byU.S. Equal Employment Opportunity Commission. (Mitchell, Marcia) (Filed on 2/7/2013) (Entered: 02/07/2013)

Feb. 7, 2013 PACER
86

ORDER by Judge Yvonne Gonzalez Rogers denying 68 Motion for Sanctions (fs, COURT STAFF) (Filed on 2/19/2013) (Entered: 02/19/2013)

Feb. 19, 2013 RECAP
87

Minute Entry: Pre-filing Conference re Motions for Summary Judgment held (Date Filed: 2/27/2013). (Court Reporter Diane Skillman.) (fs, COURT STAFF) (Date Filed: 2/27/2013) (Entered: 03/04/2013)

Feb. 27, 2013 PACER
88

Joint Statement of Undisputed Facts by Abercrombie & Fitch Stores, Inc., Hollister Co. California, LLC, U.S. Equal Employment Opportunity Commission, Umme-Hani Khan. (Clark, Daniel) (Filed on 3/15/2013) Modified on 3/18/2013 (cpS, COURT STAFF). (Entered: 03/15/2013)

March 15, 2013 PACER
89

Separate Statement of Material Facts Relevant to Undue Hardship Defense by Abercrombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Clark, Daniel) (Filed on 3/15/2013) Modified on 3/18/2013 (cpS, COURT STAFF). (Entered: 03/15/2013)

March 15, 2013 PACER
90

Legal Brief regarding the appropriate standard of review on undue hardship defense filed byAbercrombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Attachments: # 1 Exhibit A - Draft Instructions)(Clark, Daniel) (Filed on 3/15/2013) Modified on 3/18/2013 (cpS, COURT STAFF). (Entered: 03/15/2013)

1 Exhibit A - Draft Instructions

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March 15, 2013 PACER
91

Statement Plaintiffs Preliminary Statement of Disputed Facts by Umme-Hani Khan. (Martinez-Olguin, Araceli) (Filed on 3/15/2013) (Entered: 03/15/2013)

March 15, 2013 PACER
92

Proposed Jury Instructions by Umme-Hani Khan concerning undue hardship under Title VII and the California Fair Employment and ousing Act. (Martinez-Olguin, Araceli) (Filed on 3/15/2013) Modified on 3/18/2013 (cpS, COURT STAFF). (Entered: 03/15/2013)

March 15, 2013 PACER
93

Supplemental Brief re 92 Proposed Jury Instructions, 91 Statement Regarding The Undue Hardship Standard Under Title VII and The California Fair Employment and Housing Act filed byCouncil on American-Islamic Relations, California (CAIR-CA), Umme-Hani Khan, U.S. Equal Employment Opportunity Commission. (Related document(s) 92, 91 ) (Martinez-Olguin, Araceli) (Filed on 3/15/2013) (Entered: 03/15/2013)

March 15, 2013 PACER
94

AMENDED DOCUMENT by Abercrombie & Fitch Stores, Inc., Hollister Co. California, LLC. Amendment to 89 Statement of Material Facts Relevant to Undue Hardship. (Clark, Daniel) (Filed on 3/19/2013) (Entered: 03/19/2013)

March 19, 2013 PACER
95

Transcript of Proceedings held on February 27, 2013, before Judge Yvonne Gonzalez Rogers. Court Reporter Diane E. Skillman, Telephone number 510-451-2930, Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 6/24/2013. (Skillman, Diane) (Filed on 3/25/2013) (Entered: 03/25/2013)

March 25, 2013 PACER
96

ORDER SETTING SUMMARY JUDGMENT SCHEDULE. Set/Reset Deadlines as to Plaintiffs' (combined) opening motion: 4/11/13; Defendants' Opposition/Cross-Motion due by 4/25/2013. Plaintiffs' Reply due by 5/9/2013; Defendants' Sur-Reply due 5/23/2013. Cross-Motions for Summary Judgment Hearing set for 6/18/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 4/4/13. (fs, COURT STAFF) (Filed on 4/4/2013) (Entered: 04/04/2013)

April 4, 2013 RECAP
97

MOTION for Summary Judgment (Partial) filed by Umme-Hani Khan, U.S. Equal Employment Opportunity Commission. Motion Hearing set for 6/18/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 4/25/2013. Replies due by 5/9/2013. (Mitchell, Marcia) (Filed on 4/11/2013) (Entered: 04/11/2013)

April 11, 2013 PACER
98

Declaration of Marcia Mitchell in Support of 97 MOTION for Summary Judgment (Partial) filed byU.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53)(Related document(s) 97 ) (Mitchell, Marcia) (Filed on 4/11/2013) (Entered: 04/11/2013)

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April 11, 2013 PACER
99

Declaration of Umme-Hani Khan in Support of 97 MOTION for Summary Judgment (Partial) filed byU.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H)(Related document(s) 97 ) (Mitchell, Marcia) (Filed on 4/11/2013) (Entered: 04/11/2013)

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7 Exhibit H

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April 11, 2013 PACER
100

Declaration of Michael Baldonado in Support of 97 MOTION for Summary Judgment (Partial) filed byU.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 97 ) (Mitchell, Marcia) (Filed on 4/11/2013) (Entered: 04/11/2013)

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April 11, 2013 PACER

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: June 27, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOCon behalf of a Muslim employee fired for refusing to remove her hijab

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Abercrombie & Fitch Stores, Inc., Private Entity/Person

Hollister Co. California LLC, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $48,000

Order Duration: 2013 - 2016

Content of Injunction:

Reporting

Provide antidiscrimination training

Neutral/Positive Reference

Monitoring

Discrimination Prohibition

Issues

General:

Disparate Impact

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Religion discrimination

EEOC-centric:

Private Party intervened in EEOC suit