Case: EEOC v. ZALE CORPORATION

2:01-cv-01541 | U.S. District Court for the Eastern District of New York

Filed Date: March 13, 2001

Closed Date: 2002

Clearinghouse coding complete

Case Summary

In March 2001, the New York District Office of the EEOC brought this suit against Zale Corporation and Zale Delaware, Inc. (d/b/a Bailey, Banks & Biddle Fine Jewelers) in the U.S. District Court for the Eastern District of New York. The only document publicly available regarding this case is the docket; therefore, the exact allegations involved are unknown. However, it appears from the docket that the allegations involved sexual harassment in violation of Title VII of the Civil Rights Act of …

In March 2001, the New York District Office of the EEOC brought this suit against Zale Corporation and Zale Delaware, Inc. (d/b/a Bailey, Banks & Biddle Fine Jewelers) in the U.S. District Court for the Eastern District of New York. The only document publicly available regarding this case is the docket; therefore, the exact allegations involved are unknown. However, it appears from the docket that the allegations involved sexual harassment in violation of Title VII of the Civil Rights Act of 1964. Six charging parties intervened in the suit in August 2001. In February 2002, the intervening parties and the defendants settled. After some disagreements about the effect of the intervening parties' settlement, the EEOC and the defendants settled in September 2002 through a consent decree. It appears from the docket that the decree required the defendant to: to post notices, develop a sexual harassment policy, and provide EEO training. The intervenors received $250,000 in a separate settlement.

Summary Authors

Kevin Wilemon (6/27/2007)

Documents in the Clearinghouse

Document

2:01-cv-01541

Docket

EEOC v. Zale Corporation et al

Sept. 18, 2002

Sept. 18, 2002

Docket

Resources

Docket

Last updated Aug. 5, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Zale Corporation, Zale Delaware, Inc. (Romano, Dan) (Entered: 03/21/2001)

March 13, 2001

March 13, 2001

2

ORDER, set initial scheduling conference for 9:30 8/3/01 before Magistrate E. T. Boyle (signed by Magistrate E. T. Boyle on 5/3/01). c/m (Coleman, Laurie) (Entered: 05/07/2001)

May 3, 2001

May 3, 2001

3

ANSWER to Complaint by Zale Corporation, Zale Delaware, Inc. (Coleman, Laurie) (Entered: 05/11/2001)

May 11, 2001

May 11, 2001

4

Disclosure of interested parties by Zale Corporation, Zale Delaware, Inc. (Coleman, Laurie) (Entered: 05/11/2001)

May 11, 2001

May 11, 2001

14

MOTION by Zale Corporation, Zale Delaware, Inc.; for an order purs. to Local Rule 1.3(c) of the Eastern District of New York, for an order admitting Ronald M. Gaswirth of the firm of Gardere Wynne Sewell LLP, 3000 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201, to practice before the Court pro hac vice as counsel for defts Zale Corporation and Zale Delaward, Inc.; Fee: $25.00 Receipt #: 003305 ; Motion hearing not scheduled . Motion file stamped: 6/20/01 and mailed/served: 6/19/01 (Fagan, Linda) (Entered: 10/09/2001)

June 20, 2001

June 20, 2001

15

AFFIRMATION by David Dunn on behalf of Zale Corp. and Zale Delaward, Inc. in support of [14-1] motion for an order purs. to Local Rule 1.3(c) of Eastern District of New York, for an order admitting Ronald M. Gaswirth of the firm of Gardere Wynne Sewell LLP, 3000 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201, practice before the Court pro hac vice as counsel for defts Zale Corporation and Zale Delaward, Inc.; Fee: $25.00 Receipt #: 003305 (Fagan, Linda) (Entered: 10/09/2001)

June 20, 2001

June 20, 2001

16

MOTION by Zale Corporation, Zale Delaware, Inc.; for an order admitting Carrie B. Hoffman of the firm of Gardere Wyne Sewell LLP, 3000 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201, to practice before the Court pro hac vice as counsel for defts.; Fee: $25.00; Receipt #: 003305 ; Motion hearing for [16-1] motion not scheduled Motion file stamped: 6/20/01 and mailed/served: 6/19/01 (Fagan, Linda) (Entered: 10/09/2001)

June 20, 2001

June 20, 2001

17

AFFIRMATION by David Dunn on behalf of Zale Corporation, Zale Delaware, Inc. Re: in support of [16-1] motion for an order admitting Carrie B. Hoffman of the firm of Gardere Wyne Sewell LLP, 3000 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201, to practice before the Court pro hac vice as counsel for defts.; Fee: $25.00; Receipt #: 003305 (Fagan, Linda) (Entered: 10/09/2001)

June 20, 2001

June 20, 2001

Motion(s) no longer referred: [14-1] motion for an order purs. to Local Rule 1.3(c) of the Eastern District of New York, for an order admitting Ronald M. Gaswirth of the firm of Gardere Wynne Sewell LLP, 3000 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201, to practice before the Court pro hac vice as counsel for defts Zale Corporation and Zale Delaward, Inc.; Fee: $25.00 Receipt #: 003305 (Lundy, Lisa) (Entered: 02/05/2002)

June 20, 2001

June 20, 2001

9

LETTER dated 7/2/01 from Connie Owens to Magistrate Judge Boyle re: to advise the Court that Mr. Gaswirth and Ms. Hoffman will not be able to respond to the 6/25/01 correspondence to the Court, if needed, before 7/9/01. (Fagan, Linda) (Entered: 08/06/2001)

July 3, 2001

July 3, 2001

5

LETTER dated 7/9/01 from Robert D. Rose to Judge Boyle Re: In response to Philip e. Taubaum's 6/25/01 submission to the Court requesting a pre-motion conference regarding the proposed intervention of individual pltffs in this matter. (Coleman, Laurie) (Entered: 07/16/2001)

July 11, 2001

July 11, 2001

Endorsement on [5-1] letter; This matter will be taken up at the initial conference which will take place on 8/3/02 @ 9:30 a.m. (Signed by Magistrate E. T. Boyle, on 7/11/01). So Ordered. EOD #5. c/f (Coleman, Laurie) (Entered: 07/16/2001)

July 11, 2001

July 11, 2001

6

JOINT PROPOSED SCHEDULING ORDER: All motions to join other parties or amend the pleadings shall be filed by 12/3/01; A Final and Settlement Conference on 6/4/02 @ 11:00; Discovery cutoff 5/31/02. (Signed by Magistrate E. T. Boyle, on 7/24/01). So Ordered. c/f (Coleman, Laurie) (Entered: 07/26/2001)

July 24, 2001

July 24, 2001

Initial conference held (Fagan, Linda) (Entered: 08/03/2001)

Aug. 3, 2001

Aug. 3, 2001

7

Calendar entry: before Magistrate Judge Boyle on 8/3/01 at 9:30 a.m.; for Civil Cause For Initial Conference; appearances: for pltff.: Robert D. Rose; Philip E. Taubman; Deborah Truhowsky. Final & Settlement conf. 6/25/01 at 11:00 a.m. before Magistrate E. T. Boyle . The intervenors shall file a proposed pleading and stip or a motion for leave to intervene by 8/17/01 . (signed: E. Thomas Boyle, U.S. Magistrtate Judge on 8/3/01). c/g (Fagan, Linda) (Entered: 08/03/2001)

Aug. 3, 2001

Aug. 3, 2001

Deadline updated; Reset motion filing deadline for 8/17/01 (Fagan, Linda) (Entered: 08/03/2001)

Aug. 3, 2001

Aug. 3, 2001

10

LETTER dated 8/16/01 from Philip E. Taubbman to Magistrate Judge Boyle re: the enclosed proposed order allowing the intervention of the proposed interveners without objection (Fagan, Linda) (Entered: 08/20/2001)

Aug. 17, 2001

Aug. 17, 2001

11

ORDER; that the amended Intervening Complaint be filed without opposition and that the individual pltffs be deemed intervenors . ( signed by Magistrate E. T. Boyle, on 8/17/01) c/f (Fagan, Linda) (Entered: 08/20/2001)

Aug. 17, 2001

Aug. 17, 2001

12

AMENDED INTERVENING COMPLAINT by EEOC, (Answer due 9/3/01 for Zale Delaware, Inc., for Zale Corporation ) amending [1-1] complaint adding Debbie Averso, Emmanuella Bien-Aime, Lorraine Dorso, Alyse Larkin, Danielle Pittelli, Lori Vilinsky as intervenors, Kevin Mantell as deft. (Fagan, Linda) (Entered: 08/24/2001)

Aug. 24, 2001

Aug. 24, 2001

13

ANSWER by Zale Corporation, Zale Delaware, Inc. to amended intervening complaint (Fagan, Linda) (Entered: 09/06/2001)

Sept. 6, 2001

Sept. 6, 2001

19

NOTICE OF CHANGE OF ADDRESS by EEOC (Fagan, Linda) (Entered: 11/19/2001)

Nov. 19, 2001

Nov. 19, 2001

20

LETTER dated 2/6/02 from Ronald M. Gaswirth to Judge Mishler re: request to enter the enclosed Agreed Order of Dismissal. (Fagan, Linda) (Entered: 02/11/2002)

Feb. 11, 2002

Feb. 11, 2002

21

AGREED ORDER OF DISMISSAL; that all claims, demands and causes of action asserted or assertable herein by Intervenors Danielle Pitelli, Lorraine Dorso, Emmanuella Bien-Aime, Deborah Averso, Lori Vilinsky and Alyse Larkin against Defts Zale Corporation and Zale Delaware, Inc. d/b/a Bailey Banks & Biddle Fine Jewelers are dismissed with prejudice . ( signed by Senior Judge Jacob Mishler on 2/11/02) c/m (Fagan, Linda) (Entered: 02/11/2002)

Feb. 11, 2002

Feb. 11, 2002

Case closed. (Fagan, Linda) (Entered: 02/11/2002)

Feb. 11, 2002

Feb. 11, 2002

22

LETTER dated 2/15/02 from Lisa Sirkin to Judge Mishler re: to request that the Court render nulland void any private agreement between Pltff-intervenors and Defts that restricts EEOC's availability to communicate with the charging parties and deny Defts' request for Court approval of the Agreed Order Disimissal. (Fagan, Linda) (Entered: 05/07/2002)

May 7, 2002

May 7, 2002

23

LETTER dated 2/18/02 from Ronald M. Gaswirth to Judge Mishler re: request that the Court deny the EEOC's request to deny the Agreed Order of Dismissal and that the Court enforce the settlement agreement between Zale and the Pltff-Intervenors. (Fagan, Linda) (Entered: 05/07/2002)

May 7, 2002

May 7, 2002

24

LETTER dated 2/20/02 from Robert D. Rose; Lisa Sirkin to Judge Mishler re: request that the Court render null and void any private agreement between Pltff-intervenors and Defts that restricts EEOC's ability to communicate with the charging parties and deny Defts' request for Court approval of the Agreed Order of Dismissal, or, alternatively, conduct a hearing on those issues. (Fagan, Linda) (Entered: 05/07/2002)

May 7, 2002

May 7, 2002

25

LETTER dated 2/25/02 from Philip E. Taubman, Esq.; Deborah N.F. Truhowsky to Judge Mishler re: the EEOC should not be allowed to prejudice the ability of the intervenors to protect their interests. (Fagan, Linda) Modified on 05/07/2002 (Entered: 05/07/2002)

May 7, 2002

May 7, 2002

26

LETTER dated 3/5/02 from Carrie B. Hoffman to Judge Mishler re: the EEOC's request to have the agreement declared null and void is moot. Pltff-Intervenors. (Fagan, Linda) Modified on 05/07/2002 (Entered: 05/07/2002)

May 7, 2002

May 7, 2002

27

LETTER dated 5/7/02 from Robert D. Rose; Lisa Sirkin to Judge Mishler re: to request that the Court deny Defts' request for an Agreed Order of Dismissal and hold the separate agreement in abeyance while EEOC and Zale work towards a final resolution of the case. (Fagan, Linda) (Entered: 05/07/2002)

May 7, 2002

May 7, 2002

29

Letter MOTION by EEOC; to extend the 5/31/02 discovery deadline; and, to postpone the 6/4/02 at 11:00 a.m. settlement conference, until discovery is complete . Motion hearing not scheduled . (Fagan, Linda) (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

30

LETTER dated 6/10/02 from Ronald M. Gaswirth to Magistrate Judge Boyle re: to advise the Court that in response to Mr. Rose's correspondence of 5/28/02, they agree with the four month extension requested for discovery; However, they do not agree that the settlement conference scheduled for 6/25/02 (Not 6/4) should be rescheduled. (Fagan, Linda) (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

Endorsed order; denying [29-1] motion to extend the 5/31/02 discovery deadline; and, to postpone the 6/4/02 at 11:00 a.m. settlement conference, until discovery is complete. Application is denied with leave to renew at the appearance on 6/25/02. ( Signed by Magistrate E. T. Boyle, on 5/31/02) c/f EOD #29 (Fagan, Linda) (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

CASE reassigned to Judge Raymond J. Dearie from Judge Jacob M. Mishler. Parties notified. (Bowens, Priscilla) (Entered: 06/11/2002)

June 11, 2002

June 11, 2002

31

ORDER: Counsel is advised that the case has been reassigned to Judge Dearie. Counsel for all parties are directed to advise this court by letter the status of this case by 6/28/02. C/M by chambers. ( signed by Judge Raymond J. Dearie , on 6/12/02) (Chee, Alvin) (Entered: 06/13/2002)

June 13, 2002

June 13, 2002

32

Calendar entry: before MJ Boyle on 6/25/02 for final conference. Counsel for parties present. Next conference set for 7/25/02 at 10 AM. PTO to be filed by 7/25/02. (Chee, Alvin) (Entered: 06/28/2002)

June 25, 2002

June 25, 2002

33

LETTER dated 6/26/02 from Ronald Gaswirth, Esq. to Hon. Raymond Dearie providing status pursuant to the Court's 6/12/02 order. (Chee, Alvin) (Entered: 07/08/2002)

June 27, 2002

June 27, 2002

34

LETTER dated 6/27/02 from Robert Rose, Esq. to Hon. Raymond Dearie providing status pursuant to the Court's 6/12/02 order. (Chee, Alvin) (Entered: 07/08/2002)

July 8, 2002

July 8, 2002

36

ORDER endorsed on letter dated 7.19.2 from Ronald M. Gaswirth to USMJ Boyle. The pre-trial conf is rescheduled to 8.29.2 @ 11:30am. (signed by Magistrate E. T. Boyle on 7.22.2). (Noh, Kenneth) (Entered: 07/25/2002)

July 22, 2002

July 22, 2002

35

LETTER dated 7/2/02 from Ronald Gaswirth, Esq. to Hon. Raymond Dearie responding to the EEOC status report of 6/27/02. (Chee, Alvin) (Entered: 07/24/2002)

July 24, 2002

July 24, 2002

37

LETTER dated 8/23/02 from Ronald Gaswirth, Esq. to MJ Boyle requesting the cancellation of the 8/29/02 status conference in light of settlement. (Chee, Alvin) (Entered: 09/04/2002)

Aug. 26, 2002

Aug. 26, 2002

Endorsed order: The final conference scheduled for 8/29/02 is cancelled. Endorsed on document #37. ( Signed by Magistrate E. T. Boyle , on 8/26/02) (Chee, Alvin) (Entered: 09/04/2002)

Aug. 26, 2002

Aug. 26, 2002

38

Consent Decree: Ordered that this consent decree resolves all issues raised in EEOC Charge numbers 160-A0-0635, 160-A0-0636, 160-A0-0637, 160-A0-0638, 160-A0-0639, 160-A0-0754, and 160-A0-0755 and all issues that were raised in the complaints filed by EEOC and plaintiff-intervenors in this case and covered by the EEOC's determination dated 8/31/00 and 6/6/01. The decree does not resolve any charge of discrimination currently pending before the EEOC, or any charge that may be filed in the future, except for those charges that served as the jurisdictional prerequisites in this case and the EEOC's determinations dated 8/31/00 and 6/6/01. As full consideration for their respective agreements to release all claims arising against Zale from their respective EEOC Charges and this Lawsuit, including their complaint in Intervention, Zale has already paid Alyse Larkin the total sum of $52,000 (inclusive of costs and attorneys' fees), Danielle Pitelli the total sum of $52,000, Lorraine Dorso the total sum of $21,000, Emmanuella Bein-Aime the total sum of $21,000, Deborah Averso the total sum of $52,000, and Lori Vilinsky the total sum of $52,000. The Court has already dismissed their claims with prejudice. The parties agree to bear their own attorneys' fees and costs associated with this case. See order for further details on Non-Discrimination Provision, Posting of Notices, Sexual Harassment Policy, Training, Monitoring and Reporting, and Miscellaneous provisions. C/M. ( signed by Judge Raymond J. Dearie , on 9/9/02) (Chee, Alvin) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

Case closed as per document #38. (Chee, Alvin) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 13, 2001

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Zale Delaware, Inc., Private Entity/Person

Kevin Mantell, Private Entity/Person

Zale Delaware, Inc., Private Entity/Person

Zale Corporation, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary 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: 250000

Content of Injunction:

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit