Case: EEOC v. PAPILLON SALONS & COMPANY, INC.

2:02-cv-03149 | U.S. District Court for the Eastern District of New York

Filed Date: May 29, 2002

Closed Date: Sept. 12, 2007

Clearinghouse coding complete

Case Summary

The New York District Office of the EEOC brought this action in the U.S. Distrcit Court for the Eastern District of New York, against Papillion Salons & Co., Inc., a salon located in Manhattan, and related businesses. The complaint, filed in May 2002, alleged age discrimination in violation of the Age Discrimination in Employment Act of 1967. Specifically, the complaint alleged that Defendant terminated the charging party from her employment as a receptionist because of her age, which was over…

The New York District Office of the EEOC brought this action in the U.S. Distrcit Court for the Eastern District of New York, against Papillion Salons & Co., Inc., a salon located in Manhattan, and related businesses. The complaint, filed in May 2002, alleged age discrimination in violation of the Age Discrimination in Employment Act of 1967. Specifically, the complaint alleged that Defendant terminated the charging party from her employment as a receptionist because of her age, which was over forty.

The parties settled and agreed to a consent decree in September 2005. The Defendant no longer operated the salon in NY, but agreed that if it ever operated a hair salon in NY in the future, it would (1) no later than 90 days after opening, provide a 2 hour anti-discrimination training for all staff with 2 additional hours for management; (2) submit to the EEOC, no later than 45 days after opening, biographical information regarding the identity of the trainer and the proposed agenda for the training; (3) post a notice of non-discrimination; and (4) submit a non-discrimination policy to the EEOC for review, and maintain that policy.

The decree was entered in 2005 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Elizabeth Glassman (6/7/2007)

Documents in the Clearinghouse

Document

2:02-cv-03149

Docket [PACER]

EEOC v. Papillon Salons and Co., Inc.

Sept. 13, 2005

Sept. 13, 2005

Docket
1

2:02-cv-03149

Complaint and Jury Trial Demanded

EEOC v. Papillon Salons and Co., Inc.

May 29, 2002

May 29, 2002

Complaint
42

2:02-cv-03149

[Order]

EEOC v. Papillon Salons and Co., Inc.

Nov. 18, 2004

Nov. 18, 2004

Order/Opinion
43

2:02-cv-03149

Third Party Complaint

EEOC v. Papillon Salons and Co., Inc.

Dec. 10, 2004

Dec. 10, 2004

Complaint
59

2:02-cv-03149

Stipulation and Order Settling Action as to Third-Party Defendant Mary Tolnai

EEOC v. Papillon Salons and Co., Inc.

Sept. 12, 2005

Sept. 12, 2005

Order/Opinion
58

2:02-cv-03149

Consent Decree

EEOC v. Papillon Salons and Co., Inc.

Sept. 12, 2005

Sept. 12, 2005

Settlement Agreement
60

2:02-cv-03149

Stipulation and Order Settling Action as to Third-Party Defendant Jeffrey Trichon

EEOC v. Papillon Salons and Co., Inc.

Sept. 12, 2005

Sept. 12, 2005

Order/Opinion

Resources

Docket

Last updated July 23, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed and summons issued as to defendant(s) Papillon Salons & Co., Inc.. Jury trial demanded.. Filed by Michele J. Le Moal-Gray on behalf of Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Duong, Susan) (Entered: 05/31/2002)

May 29, 2002

May 29, 2002

5

AFFIDAVIT of Service for Summons and Complaint served on Papillon Salons & Co. on 8/9/02, filed by Equal Employment Opportunity Commission. (Branciforte, Ralph) (Entered: 12/26/2002)

Oct. 11, 2002

Oct. 11, 2002

2

REQUEST FOR WRITTEN STATUS REPORT - There has been no activity in this case since 5/29/02. It is hereby requested that plt(s) inform the Court in writing of the present status of this case within ten (10) days. Signed by Karen O?Hara. Cm (Lopez, Adriana) (Entered: 11/26/2002)

Nov. 20, 2002

Nov. 20, 2002

3

NOTICE of Change of Address by Michele J. Le Moal-Gray. The new address and telephone numbers for EEOC counsel are: 33 Whitehall Street, 5th Floor. New York, New York 10004. (212) 336-3700 (Lopez, Adriana) (Entered: 12/04/2002)

Nov. 22, 2002

Nov. 22, 2002

4

Letter from Michele Le Moal-Gray to USDJ Platt re: Written status report. Pltff anticipates resubmitting the request for notation of default against Papillon. (Lopez, Adriana) (Entered: 12/23/2002)

Dec. 17, 2002

Dec. 17, 2002

8

AFFIDAVIT of Michele Le Moal-Gray on behalf of the EEOC in Support of the[7] MOTION for Default Judgment as to Dft Papillon Salons & Co. Inc. filed by Equal Employment Opportunity Commission. (Lopez, Adriana) (Entered: 01/13/2003)

Dec. 20, 2002

Dec. 20, 2002

6

AFFIDAVIT of Service for Summons and Complaint served on Papillon Salons & Co. on 8/9/02, filed by Equal Employment Opportunity Commission. (Branciforte, Ralph) (Entered: 12/26/2002)

Dec. 26, 2002

Dec. 26, 2002

9

Clerk's ENTRY OF DEFAULT as to dft Papillon Salons & Co., Inc. (Signed by Deputy Clerk Ralph Branciforte on 12/26/02) CM (Lopez, Adriana) (Entered: 01/13/2003)

Dec. 26, 2002

Dec. 26, 2002

10

AMENDED affidavit of service re: Summons and complaint served on Papillon Salons & Co, Inc. on 8/9/02 filed by Equal Employment Opportunity Commission. (Lopez, Adriana) (Entered: 03/03/2003)

Feb. 27, 2003

Feb. 27, 2003

11

STATUS REPORT ORDER: Pltff is directed to show cause in writing due by 6/2/2003 as to why the undersigned should not recommend that this action be dismissed for failure to prosecute. An Oral response will not be accepted. Signed by Judge Arlene R. Lindsay on 5/19/03. cm (Lopez, Adriana) (Entered: 05/27/2003)

May 19, 2003

May 19, 2003

13

Letter dtd. 6/9/03 from Michele J. LeMoal-Gray to Robert C. Heinemann, Clerk of Court noting enclosure of EEOC's Motion for Leave to Extend Time to Serve Complaint, a Proposed Order and Certification of Service. (Barhome, Sydelle) (Entered: 06/30/2003)

May 19, 2003

May 19, 2003

14

NOTICE of Motion by Equal Employment Opportunity Commission to Extend Time to Effect Service of Summons and Complaint, 5/19/03, submitted by Michele J. Le Moal-Gray, NY District Office (Barhome, Sydelle) (Entered: 06/30/2003)

May 19, 2003

May 19, 2003

15

MOTION to Continue /Extend time to effect service of Summons/Complaint on Papillon Hair Salon & Spa, Inc. and Papillon Hair Salon & Spa, II, Inc. by Equal Employment Opportunity Commission. (Barhome, Sydelle) (Entered: 06/30/2003)

May 19, 2003

May 19, 2003

16

DECLARATION BY Michele J. Le Moal-Gray in SUPPORT OF [15]MOTION to Continue/ Extend time to effect service of Summons/Complaint on Papillon Hair Salon & Spa, Inc. and Papillon Hair Salon & Spa, II, Inc. by Equal Employment Opportunity Commission. (Barhome, Sydelle) (Entered: 06/30/2003)

May 19, 2003

May 19, 2003

17

ORDER granting [15] Motion for leave to extend time to serve the Complaint in this matter for a period of 60 days from the date of entry of this Order and Complaint shall be deemed served upon service of a copy of this Order with notice of entry thereof; and it is further Ordered that the Dft have 20 days from said service to serve an answer to such Complaint. Signed by JudgeThomas C. Platt on 6/19/03. (Barhome, Sydelle) (Entered: 06/30/2003)

May 19, 2003

May 19, 2003

18

Letter dtd. 5/22/03 from Michael B. Raphan to Michele J. Le Moal-Gray Esq. EEOC advising this firm does NOT represent the named dft in this action. Returning Notice of Motion to Extend Time to Effect Service of Summons and Complaint and accompanying papers. (Barhome, Sydelle) (Entered: 07/01/2003)

June 23, 2003

June 23, 2003

19

Letter dtd 6/13/03 from Michael B. Raphan,to Michele J. Le Moal-Gray, Esq. of EEOC, cc Robert Heinemann, Hon. J. Platt again noting this firm does not repesent dft; have never been retained or appeared on behalf of the dft or any other party in this matter. (Barhome, Sydelle) (Entered: 07/01/2003)

June 23, 2003

June 23, 2003

20

Letter dated 7/2/03 from Avely Hart to USDJ Platt re: Although our client has never been served or appeared in this action I feel compelled to respond to EEOC motion to extend time to serve the complaint on our client. (Lopez, Adriana) (Entered: 07/18/2003)

July 7, 2003

July 7, 2003

21

Letter dated 7/9/03 from Michee Moal-Gray Esq. to Avely Hart Esq. re: Pursuant to Judge Platt's Order we have already arranged to serve process upon your client and upon the Secretary of State. (Lopez, Adriana) (Entered: 07/22/2003)

July 14, 2003

July 14, 2003

22

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Papillon Salons & Co., Inc. served on 7/22/2003, answer due 8/11/2003. (Lopez, Adriana) (Entered: 09/04/2003)

Aug. 25, 2003

Aug. 25, 2003

23

ANSWER to Complaint by Papillon Hair Salons & Spa, Inc.(Lopez, Adriana) Modified on 4/14/2005 (Mahon, Cinthia). (Entered: 09/11/2003)

Sept. 2, 2003

Sept. 2, 2003

24

STIPULATION AND ORDER- The time for the defendants to answer or move in response to the complaint is extended to 9/2/03. Signed by Judge Thomas C. Platt on 9/18/03. cm(Lopez, Adriana) (Entered: 09/25/2003)

Sept. 18, 2003

Sept. 18, 2003

25

ORDER : Initial Conference set for 10/17/2003 02:00 PM before Magistrate-Judge Arlene R. Lindsay. Signed by Judge Arlene R. Lindsay on 9/22/03. cm(Lopez, Adriana) (Entered: 09/26/2003)

Sept. 22, 2003

Sept. 22, 2003

26

Minute Entry for proceedings held before Judge Arlene R. Lindsay : Initial Conference Hearing held on 10/17/2003. Counsel for pltff present. Counsel for ONLY Papillon Hair Salon & Spa, Inc. present. (Lopez, Adriana) (Entered: 10/24/2003)

Oct. 17, 2003

Oct. 17, 2003

27

ORDER: Dft Papillon Hair Salon & Spa, Inc. intends to move to dismisss the claims. No answer has been filed on behalf of dft Papillon Salon & Co, Inc., Papillon Spa, Inc. or Papillon Hair Salon & Spa, II Inc. The parties may conduct limited discovery concerning the relationship between the various dfts and the scope of the asset purchase. This discovery is to be completed by 11/29/03. Any remaining discovery will be stayed pending resolution of the answering dft's motion. A telephone status conference will be held on 2/20/04 at 2:00 pm. Signed by Judge Arlene R. Lindsay on 10/17/03. cf(Lopez, Adriana) (Entered: 10/24/2003)

Oct. 17, 2003

Oct. 17, 2003

29

Letter dtd 4/15/04 from Michele Le Moal-Gray to USMJ LIndsay re: The EEOC respectfully request that the Court lift the stay on discovery in this case and schedule a conference for the purpose of setting a claendar for discovery. (Lopez, Adriana) (Entered: 04/29/2004)

April 20, 2004

April 20, 2004

30

Letter dtd 4/15/04 from Jeffrey Ruderman to USMJ Lindsay re: As the motion was timely served and is now fully briefed I respectfully request that the pltff's application be denied and that the stay remain in place until a decision has been rendered on the motion. (Lopez, Adriana) (Entered: 04/29/2004)

April 20, 2004

April 20, 2004

ENDORSED ORDER: In light of above, application to continue stay is GRANTED. Signed by Judge Arlene R. Lindsay on 4/20/04. cf/eod30(Lopez, Adriana) (Entered: 04/29/2004)

April 20, 2004

April 20, 2004

31

MOTION to Dismiss the complaint. Filed by Papillon Salons & Co., Inc.. (Lopez, Adriana) (Entered: 06/24/2004)

June 8, 2004

June 8, 2004

32

MEMORANDUM of law in Support to the [31] MOTION to Dismiss the complaint. Filed by Papillon Salons & Co., Inc.. (Lopez, Adriana) (Entered: 06/24/2004)

June 8, 2004

June 8, 2004

33

MEMORANDUM of Law in Opposition to the [31] MOTION to Dismiss the complaint. Filed by Equal Employment Opportunity Commission. (Lopez, Adriana) (Entered: 06/24/2004)

June 8, 2004

June 8, 2004

34

REPLY MEMORANDUM of law in further Support to the [31] MOTION to Dismiss the complaint. Filed by Papillon Salons & Co., Inc.. (Lopez, Adriana) (Entered: 06/24/2004)

June 8, 2004

June 8, 2004

35

REPLY AFFIDAVIT of Abakhay Chulpayev in further Opposition to the [31] MOTION to Dismiss the complaint. Filed by Equal Employment Opportunity Commission. (Lopez, Adriana) (Entered: 06/24/2004)

June 8, 2004

June 8, 2004

36

MEMORANDUM AND ORDER:In support of their 12(b)(6) motion, the dfts attached various affidavits and exhibits. The Court, however, may not consider this extraneous material unless it converts the instant motion into one for summary judgment, which it hereby declines to do so. Accordingly, the dfts' 12(b)(6) motion is DENIED, without prejudice. Signed by JudgeThomas C. Platt on 6/16/04. cm(Lopez, Adriana) (Entered: 06/24/2004)

June 16, 2004

June 16, 2004

37

Letter dtd 7/2/04 from Michael Le Moal-Gray to USMJ Lindsay re: Respectfully requesting that the Court lift the stay on discovery and schedule a conference. (Lopez, Adriana) (Entered: 07/22/2004)

July 8, 2004

July 8, 2004

39

Minute Entry for proceedings held before Arlene R. Lindsay: Scheduling Conference held on 8/2/2004. Counsel for all sides present. Pre-trial scheduling order entered. (c/ecf) (Goodstein, Alyce) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

40

SCHEDULING ORDER: Final Pretrial Conference set for 4/11/2005 11:30 AM before Magistrate Judge Arlene R. Lindsay. Amended Pleadings due by 12/27/2004. Discovery due by 3/14/2005. Joinder of Parties due by 12/27/2004. Parties to contact Judge Platt's courtroom deputy by 3/28/2005 to establish a date for oral argument on summary judgment motions. Proposed Joint Pretrial Order due by 4/11/2005. Signed by Judge Arlene R. Lindsay on 8/2/04. (c/ecf)(Goodstein, Alyce) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

41

Third Party MOTION for Joinder by Papillon Hair Salon & Spa, Inc.. (Attachments: # 1 Affidavit Affidavit and Exhibit# 2 Declaration in support# 3 Memo of Law# 4 Letter of no Objection by Plaintiff# 5 Text of Proposed Order Proposed Order)(Hart, Avely) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

42

ORDER : The dft Papillon Hair Salon is hereby GRANTED leave to file and serve a third party complaint within 30 days from the day of this order. Signed by Judge Thomas C. Platt on 11/18/04. (Lopez, Adriana) (Entered: 11/22/2004)

Nov. 18, 2004

Nov. 18, 2004

43

THIRD PARTY COMPLAINT against Mary Tolnai, Jeffrey Trichon, filed by Papillon Salons & Co., Inc..(Lopez, Adriana) (Entered: 12/13/2004)

Dec. 10, 2004

Dec. 10, 2004

44

NOTICE of Appearance by Mona R. Conway on behalf of Jeffrey Trichon (Conway, Mona) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

45

Letter from Mona Conway to Judge Thomas C. Platt Regarding Pre-answer Motion to Dismiss. (Conway, Mona) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

48

Letter from Jeffrey Ruderman dtd 3/9/05 to USDJ Platt Regarding : Respectfully requesting that Trichon be prohibited from filing the motion, that a default be entered and that Trichon be directed to pay for our client's attorney's fees incurred in opposing the motion. (Lopez, Adriana) (Entered: 03/24/2005)

March 9, 2005

March 9, 2005

46

Letter from Nora E. Curtin to Magistrate Lindsay Regarding Request for Extension of Time for Discovery. (Roberts, Monique) (Entered: 03/16/2005)

March 16, 2005

March 16, 2005

47

See attached ORDER returning 46. Signed by Judge Arlene R. Lindsay on 3/18/05. (c/ecf)(Goodstein, Alyce) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

49

STIPULATION on Discovery Extension by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 04/07/2005)

April 7, 2005

April 7, 2005

Endorsed ORDER re 49: The application to adjourn the conference scheduled for April 11, 2005 is DENIED. The conference will proceed as scheduled. At the conference, the court will address the application to extend the discovery deadline. Plaintiff's counsel is directed to confirm this order with all parties. So Ordered. Signed by Judge Arlene R. Lindsay on 4/8/05. (c/ecf)(Goodstein, Alyce) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

51

ORDER re 49: see attached order amending the pretrial scheduling order. Ordered by Judge Arlene R. Lindsay on 4/11/05. (c/ecf)(Goodstein, Alyce) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

Minute Entry for proceedings held before Arlene R. Lindsay : Interim Pretrial Conference held on 4/11/2005. See Dkt. #51 for appearances (Goodstein, Alyce) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

52

Letter from Jeffrey C. Ruderman to Hon. Thomas C. Platt Regarding 3rd party request to file late answer.. (Ruderman, Jeffrey) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

53

ACKNOWLEDGEMENT OF SERVICE Executed on behalf of Third Party Defendant Mary Tolnai Acknowledgement filed by Papillon Salons & Co., Inc.. (Ruderman, Jeffrey) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

Email Test - DO NOT REPLY (Mahon, Cinthia) (Entered: 04/14/2005)

April 14, 2005

April 14, 2005

ORDER granting the 50 3rd party defendant's Letter requesting additional time to file an answer. Jeffrey Trichon answer due 6/16/2005.. Ordered by Judge Thomas C. Platt on 6/4/2005. (O'Hara, Karen) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

54

Third Party MOTION for Entry of Default against 3rd party def. Mary Tolnai by Papillon Hair Salon & Spa, Inc.. (Attachments: # 1 Exhibit Acknowledgement of Service)(Ruderman, Jeffrey) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

55

Letter MOTION for Extension of Time to File Answer /interpose Answer in the unlikely event matter does not settle by Jeffrey Trichon. (Barhome, Sydelle) (Entered: 06/23/2005)

June 20, 2005

June 20, 2005

ORDER granting 55 Motion for Extension of Time to Answer re 55 Letter MOTION for Extension of Time to File Answer /interpose Answer in the unlikely event matter does not settle . Ordered by JudgeThomas C. Platt on 6/20/05. (Barhome, Sydelle) (Entered: 06/23/2005)

June 20, 2005

June 20, 2005

56

CERTIFICATE of Clerk noting default of Third-Party dft, Mary Tolmai, signed by Keith Jones, Deputy Clerk, 7/7/05 (Barhome, Sydelle) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

57

Letter from Jeffrey C. Ruderman, Esq. to Hon. Arlene R. Lindsay,USMJ Regarding Request adjournment of conference. (Ruderman, Jeffrey) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

ORDER re 57: In light of the settlement, the final conference scheduled for September 7, 2005 is canceled. The parties shall submit a stipulation of discontinuance to the district judge by September 21, 2005. The case is returned to the district court for final disposition. Ordered by Judge Arlene R. Lindsay on 9/6/05. (c/ecf)(Goodstein, Alyce) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

Judge Arlene R. Lindsay no longer assigned to case pursuant to order re 57 dated 9/6/05. (Morabito, Bryan) (Entered: 09/07/2005)

Sept. 6, 2005

Sept. 6, 2005

58

STIPULATION for Consent Decree settling primary action with EEOC by Papillon Hair Salon & Spa, Inc.. (Ruderman, Jeffrey) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

60

STIPULATION of Settlement with 3rd party def. Trichon by Papillon Hair Salon & Spa, Inc.. (Ruderman, Jeffrey) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

61

STIPULATION AND ORDER Settling Action as to Third-Party Dft. Jeffrey Trichon. Ordered by Judge Thomas C. Platt on 9/13/05. (Barhome, Sydelle) (Entered: 09/19/2005)

Sept. 13, 2005

Sept. 13, 2005

62

STIPULATION AND ORDER Settling Action as to Third-Pary Dft Mary Tolnai. Ordered by Judge Thomas C. Platt on 9/13/05. (Barhome, Sydelle) (Entered: 09/19/2005)

Sept. 13, 2005

Sept. 13, 2005

63

CONSENT DECREE to remain in effect for two years from the date of entry.. Ordered by Judge Thomas C. Platt on 9/13/05. (Barhome, Sydelle) (Entered: 09/19/2005)

Sept. 13, 2005

Sept. 13, 2005

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: May 29, 2002

Closing Date: Sept. 12, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Papillon Salons & Co., Inc. (New York City), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

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: 20000

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits