Case: U.S. Equal Employment Opportunity Commission v. Lush Handmade Cosmetics, LLC

US Equal Employment Opportunity Commission v. Lush Handmade Cosmetics, LLC

U.S. Equal Employment Opportunity Commission et al. v. Lush Handmade Cosmetics, LLC

U.S. Equal Employment Opportunity Commission et al. v. Lush Handmade Cosmetics, LLC

U.S. Equal Employment Opportunity Commission et al. v. Lush Handmade Cosmetics, LLC

Charles Ezell

President Donald Trump

COMPLAINT against All Defendants. Filed by US Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Mitchell, Marcia) (Filed on 9/30/2024) (Entered: 09/30/2024)

Proposed Summons. (Mitchell, Marcia) (Filed on 9/30/2024) (Entered: 09/30/2024)

Proposed Summons. (Mitchell, Marcia) (Filed on 9/30/2024) (Entered: 09/30/2024)

NOTICE of Appearance filed by Raymond T. Cheung on behalf of US Equal Employment Opportunity Commission (Cheung, Raymond) (Filed on 9/30/2024) (Entered: 09/30/2024)

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/15/2024. (ark, COURT STAFF) (Filed on 10/1/2024) (Entered: 10/01/2024)

Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 1/1/2025. Initial Case Management Conference set for 1/8/2025 10:00 AM in San Jose, - Telephonic Only. (mcl, COURT STAFF) (Filed on 10/1/2024) (Entered: 10/01/2024)

Summons Issued as to Lush Cosmetics LLC, Lush Handmade Cosmetics, LLC. (Attachments: # 1 Lush Cosmetics LLC)(mcl, COURT STAFF) (Filed on 10/1/2024) (Entered: 10/01/2024)

~Util - Case Assigned by Intake

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by US Equal Employment Opportunity Commission.. (Steele, Roberta) (Filed on 10/16/2024) (Entered: 10/16/2024)

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND WILL BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 10/16/2024) (Entered: 10/16/2024)

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge P. Casey Pitts for all further proceedings. Magistrate Judge Nathanael M. Cousins no longer assigned to case, except for discovery purposes. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (Attachments: # 1 Notice of Eligibility for Video Recording)(smc, COURT STAFF) (Filed on 10/16/2024) (Entered: 10/16/2024)

CLERK'S NOTICE RESETTING INITIAL CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 1/7/2025. Initial Case Management Conference set for 1/21/2025 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 10/16/2024) (Entered: 10/16/2024)

Clerk's Notice of Impending Reassignment - Text Only

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

REQUEST FOR WAIVER of Service sent to LUSH HANDMADE COSMETICS, LLC c/o CT Corporate System on 10/10/2024 by US Equal Employment Opportunity Commission. Waiver of Service due by 11/12/2024. (Attachments: # 1 Certificate/Proof of Service)(Steele, Roberta) (Filed on 10/21/2024) (Entered: 10/21/2024)

REQUEST FOR WAIVER of Service sent to LUSH COSMETICS, LLC c/o CT Corporate System on 10/10/2024 by US Equal Employment Opportunity Commission. Waiver of Service due by 11/12/2024. (Attachments: # 1 Certificate/Proof of Service)(Steele, Roberta) (Filed on 10/21/2024) (Entered: 10/21/2024)

WAIVER OF SERVICE Returned Executed filed by US Equal Employment Opportunity Commission. Service waived by Lush Handmade Cosmetics, LLC waiver sent on 10/10/2024, answer due 12/9/2024. (Cheung, Raymond) (Filed on 11/21/2024) (Entered: 11/21/2024)

FIRST AMENDED COMPLAINT; Jury Trial Demanded against Lush Handmade Cosmetics, LLC. Filed by US Equal Employment Opportunity Commission. (Cheung, Raymond) (Filed on 12/4/2024) M (Entered: 12/04/2024)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20128766.) filed by Lush Handmade Cosmetics, LLC. (Attachments: # 1 Supplement DC Certificate of Good Standing, # 2 IL Certificate of Good Standing)(Dreiband, Eric) (Filed on 12/10/2024) (Entered: 12/10/2024)

ORDER granting 16 Motion for Pro Hac Vice as to attorney Eric Dreiband. Signed by Judge P. Casey Pitts on 12/12/2024. (nmc, COURT STAFF) (Filed on 12/12/2024) (Entered: 12/12/2024)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20145293.) filed by Lush Handmade Cosmetics, LLC. (Attachments: # 1 DC Certificate of Good Standing)(Beale, Rebecca) (Filed on 12/16/2024) (Entered: 12/16/2024)

ORDER granting 18 Motion for Pro Hac Vice as to attorney Rebecca Beale. Signed by Judge P. Casey Pitts on 12/17/2024. (nmc, COURT STAFF) (Filed on 12/17/2024) (Entered: 12/17/2024)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cheung, Raymond) (Filed on 12/18/2024) (Entered: 12/18/2024)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Dreiband, Eric) (Filed on 12/18/2024) (Entered: 12/18/2024)

ANSWER to Amended Complaint by Lush Handmade Cosmetics, LLC. (Dreiband, Eric) (Filed on 12/18/2024) (Entered: 12/18/2024)

STIPULATION WITH PROPOSED ORDER Scheduling Order filed by US Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Cheung, Raymond) (Filed on 12/26/2024) (Entered: 12/26/2024)

ORDER granting 23 Stipulation re Scheduling Order. Signed by Judge P. Casey Pitts on 12/27/2024. Initial Disclosures due by 2/14/2025. Joint Case Management Statement due by 2/18/2025. Initial Case Management Conference set for 3/4/2025 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (nmc, COURT STAFF) (Filed on 12/27/2024) (Entered: 12/27/2024)

STIPULATION WITH PROPOSED ORDER re 15 Amended Complaint to Stay Pending Deadlines and to Dismiss filed by US Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Cheung, Raymond) (Filed on 2/14/2025) (Entered: 02/14/2025)

1 Proposed Order

View on PACER

Proposed Order re 25 STIPULATION WITH PROPOSED ORDER re 15 Amended Complaint to Stay Pending Deadlines and to Dismiss by US Equal Employment Opportunity Commission. (Cheung, Raymond) (Filed on 2/14/2025) (Entered: 02/14/2025)

TEXT-ONLY ORDER The parties to this case are ordered to appear before Judge P. Casey Pitts on Thursday, March 13, 2025 at 10:00am for an in-person hearing on the Stipulated Motion 25 to dismiss with prejudice. Though she is not required to, should the Aggrieved Employee wish to appear at the hearing, she may do so personally or through counsel. The Aggrieved Employee may also respond to the parties' Motion by March 6 and the parties may reply by March 10. Within 48 hours of this Order, the EEOC shall provide the Aggrieved Employee with notice of the hearing, her right to appear at that hearing, and her right to respond to the Motion. All deadlines in this case are stayed pending resolution of the Motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pcplc3, COURT STAFF) (Filed on 2/24/2025) (Entered: 02/24/2025)

Order

Set Motion and Deadlines/Hearings No NEF

Set/Reset Deadlines: Motion Hearing re 25 set for 3/13/2025 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (nmc, COURT STAFF) (Filed on 2/24/2025)

NOTICE by US Equal Employment Opportunity Commission of Withdrawal of Counsel (Cheung, Raymond) (Filed on 2/25/2025) (Entered: 02/25/2025)

Motion for Leave to Intervene as Plaintiffs. Filed by Samuel J. Leff. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Supplement) (Leff, Samuel) (Filed on 3/6/2025) (Entered: 03/06/2025)

Set Motion and Deadlines/Hearings

Set/Reset Deadlines: Motion Hearing re 29 set for 4/10/2025 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. Responses due by 3/20/2025. Replies due by 3/27/2025. (nmc, COURT STAFF) (Filed on 3/7/2025)

Set/Reset Deadlines: Motion Hearing re 25 set for 3/13/2025 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (nmc, COURT STAFF) (Filed on 3/7/2025)

OPPOSITION/RESPONSE (re 25 STIPULATION WITH PROPOSED ORDER re 15 Amended Complaint to Stay Pending Deadlines and to Dismiss ) filed byLush Handmade Cosmetics, LLC. (Dreiband, Eric) (Filed on 3/10/2025) (Entered: 03/10/2025)

Joint MOTION to Continue Hearing on Stipulated Motion to Dismiss filed by Samuel J. Leff. (Attachments: # 1 Stipulation to Continue, # 2 Proposed Order)(Leff, Samuel) (Filed on 3/10/2025) (Entered: 03/10/2025)

ORDER granting 31 Joint Administrative Motion to Continue Hearing on Stipulated Motion to Dismiss. Signed by Judge P. Casey Pitts on 3/11/2025. Motion Hearing re 25 reset for 4/10/2025 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (nmc, COURT STAFF) (Filed on 3/11/2025)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 03/11/2025)

OPPOSITION/RESPONSE (re 29 MOTION for Leave to Intervene as Plaintiffs ) filed byLush Handmade Cosmetics, LLC. (Dreiband, Eric) (Filed on 3/20/2025) (Entered: 03/20/2025)

Minute Entry for proceedings held before Judge P. Casey Pitts: Motion Hearing re 25 Stipulation to Stay Pending Deadlines and to Dismiss; 29 Motion for Leave to Intervene as Plaintiffs held on 4/10/2025. Argument of counsel heard. The Court grants 29 Motion for Leave to Intervene as Plaintiffs and takes 25 Stipulation to Stay Pending Deadlines and to Dismiss under submission. Order to issue. Response to complaint due by 5/12/2025. Plaintiff Attorney: Roberta Steele. Intervenor Plaintiff: Samuel Leff.Defendant Attorney: Eric Dreiband. Total Time in Court: 35 min. Court Reporter: Amanda LeGore (via Zoom webinar). (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Date Filed: 4/10/2025). (Entered: 04/10/2025)

1 - Terminate Hearings AND Motion Hearing AND Order on Motion for Miscellaneous Relief AND ~Util - Terminate Motions

ORDER GRANTING 29 MOTION TO INTERVENE AND STAYING CASE IN PART. Signed by Judge P. Casey Pitts on 4/11/2025. (nmc, COURT STAFF) (Filed on 4/11/2025)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 04/11/2025)

NOTICE of Withdrawal filed by Eric S. Dreiband, no longer appearing on behalf of Lush Handmade Cosmetics, LLC in this case (Dreiband, Eric) (Filed on 4/29/2025) (Entered: 04/29/2025)

NOTICE of Withdrawal filed by Rebecca S. Beale, no longer appearing on behalf of Lush Handmade Cosmetics, LLC in this case (Beale, Rebecca) (Filed on 4/29/2025) (Entered: 04/29/2025)

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Answer to Complaint

CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 7/23/2025. Initial Case Management Conference set for 7/30/2025 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Filed on 6/17/2025) (Entered: 06/17/2025)

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

Certificate of Interested Entities by Samuel J. Leff Plaintiff Intervenors' Certification of Conflicts and Interested Entities or Persons (Leff, Samuel) (Filed on 7/1/2025) (Entered: 07/01/2025)

Certificate of Interested Entities by Lush Handmade Cosmetics, LLC (Simpson, Paul) (Filed on 7/8/2025) (Entered: 07/08/2025)

CLERK'S NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 7/30/2025 at 01:00 PM - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/pcpCourt Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at PCPcrd@cand.uscourts.gov no later than 7/29/2025 at 12PM PST.Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Filed on 7/15/2025) (Entered: 07/15/2025)

1 - Terminate Hearings AND Clerk's Notice Setting Zoom Hearing

TRANSCRIPT ORDER for proceedings held on April 10, 2025 before Judge P. Casey Pitts for Court Reporter Amanda LeGore. (jcf, COURT STAFF) (Filed on 7/23/2025) (Entered: 07/23/2025)

JOINT CASE MANAGEMENT STATEMENT filed by Samuel J. Leff. (Attachments: # 1 Proposed Order Joint Proposed Case Management Order)(Leff, Samuel) (Filed on 7/23/2025) (Entered: 07/23/2025)

Transcript of Proceedings of Motion to Dismiss and Motion for Leave to Intervene held on April 10, 2025, before Judge P. Casey Pitts. Court Reporter/Transcriber Amanda M. LeGore, CSR, RDR, CRR, telephone number 503-752-4555. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber 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. Redaction Request due 8/19/2025. Redacted Transcript Deadline set for 8/29/2025. Release of Transcript Restriction set for 10/27/2025. (LeGore, Amanda) (Filed on 7/29/2025) (Entered: 07/29/2025)

Minute Entry for proceedings held before Judge P. Casey Pitts: Initial Case Management Conference held on 7/30/2025. Within 28 days, the parties shall file a stipulation selecting ADR process. If the selected method is private mediation, the parties shall also identify the name of the mediator. Scheduling Order to issue. Plaintiff Attorney: David Lowe. Defendant Attorney: Paul Simpson, Kendall Burton. No Court Reporter. Zoom recording: 1:08-1:20 p.m. Total: 12 Minutes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Date Filed: 7/30/2025) (Entered: 07/30/2025)

1 - Terminate Hearings AND Case Management Conference - Initial

AMENDED ANSWER to 15 Amended Complaint by Lush Handmade Cosmetics, LLC. (Simpson, Paul) (Filed on 8/4/2025) (Entered: 08/04/2025)

ORDER DISMISSING EEOC'S CLAIMS WITHOUT PREJUDICE re 25 . Signed by Judge P. Casey Pitts on 8/4/2025. (nmc, COURT STAFF) (Filed on 8/4/2025) (Entered: 08/04/2025)

CASE MANAGEMENT ORDER. Signed by Judge P. Casey Pitts on 8/4/2025. Amended Pleadings and Joinder of Parties due by 9/12/2025. Completion of ADR due by 12/31/2025. Designation of Experts due by 2/27/2026. Discovery due by 3/31/2026. Dispositive Motion due by 5/1/2026. Trial Setting Conference set for 8/18/2026 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (nmc, COURT STAFF) (Filed on 8/4/2025) (Entered: 08/04/2025)

Stipulation and Proposed Order selecting Mediation

Order on Stipulation selecting Mediation

Case Referred to Mediation

ADR Clerk's Notice Appointing Mediator