Case: EEOC v. SEPHORA USA, LLC

1:03-cv-08821 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 7, 2003

Closed Date: Aug. 7, 2007

Clearinghouse coding complete

Case Summary

In November 2003, the New York District Office of the EEOC filed this lawsuit against the retail cosmetic store chain Sephora USA, LLC, in the U.S. District Court for the Southern District of New York, alleging discrimination on the basis of national origin, Hispanic, in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore the exact allegations involved are unknown. Following some discovery, unsuccessful mediation, and a successful motion for summary judgment by the defendant regarding its policy requiring English to be spoken to customers unless requested otherwise, the parties settled the lawsuit in September 2007 through a consent decree. We do not have a copy of the decree. Therefore, the exact allegations involved are unknown. However, it appears from the docket that the defendant was required to pay $565,000.

Summary Authors

David Friedman (4/2/2008)

Documents in the Clearinghouse

Document

1:03-cv-08821

Docket (PACER)

EEOC v. Sephora USA, LLC

Sept. 4, 2007

Sept. 4, 2007

Docket
31

1:03-cv-08821

Memorandum and Order

EEOC v. Sephora USA, LLC

419 F.Supp.2d 408

Sept. 13, 2005

Sept. 13, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (jjm) (Entered: 11/12/2003)

Nov. 7, 2003

Nov. 7, 2003

Magistrate Judge Frank Maas is so designated. (jjm) (Entered: 11/12/2003)

Nov. 7, 2003

Nov. 7, 2003

2

STIPULATION AND ORDER; The time within which defendant shall be required to answer or move in response to the Complaint is extended to and including 2/12/04.(Signed by Judge Naomi Reice Buchwald on 1/27/04) (sb, ) (Entered: 02/03/2004)

Jan. 28, 2004

Jan. 28, 2004

Set Answer Due Date purs. to 2 Stipulation and Order as to Sephora USA, LLC answer due on 2/12/2004. (sb, ) (Entered: 02/03/2004)

Jan. 28, 2004

Jan. 28, 2004

4

ENDORSED LETTER addressed to Judge Buchwald from Allen I. Fagin dated 2/6/2004 re: The initial pretrial conference in this case scheduled for 2/20/2004 is hereby adjourned until 3/5/04 at 10:45 am. as ordered by the Court.. (Signed by Judge Naomi Reice Buchwald on 2/9/2004) (jsa, ) (Entered: 02/13/2004)

Feb. 11, 2004

Feb. 11, 2004

Set/Reset Hearings: Initial Conference set for 3/5/2004 10:45 AM before Judge Naomi Reice Buchwald. (jsa, ) (Entered: 02/13/2004)

Feb. 11, 2004

Feb. 11, 2004

5

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Sephora USA, LLC.(kw, ) (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

6

ANSWER to Complaint. Document filed by Sephora USA, LLC.(kw, ) (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

7

Notice of Filing of NOTICE of Appearance by Lauren Gayle Dreilinger on behalf of Equal Employment Opportunity Commission (dle, ) Modified on 2/26/2004 (dle, ). (Entered: 02/26/2004)

Feb. 24, 2004

Feb. 24, 2004

8

ENDORSED LETTER addressed to Judge Buchwald from Eugene M. Bellin dated 02/20/04 re: granting counsel's request for permission to attend discovery scheduling conference on behalf of his clients pending the court's determination of their motion to intervene; (Signed by Judge Naomi Reice Buchwald on 2/27/04) (djc, ) (Entered: 03/05/2004)

March 2, 2004

March 2, 2004

9

ORDER ; that Leydis Rodriguez, Angela Samboy, Solange Bernal, Julissa Bautista and Mariela Del Rosario are granted permission to intervene in this matter; the Clerk of the Court is directed to accept filing of a Summons and a Complaint by the intervening parties. (Signed by Judge Naomi Reice Buchwald on 3/10/04) (pl, ) (Entered: 03/18/2004)

March 12, 2004

March 12, 2004

10

INTERVENOR COMPLAINT against Richard Tran, Misa Gjonbalaj, Diana Saini, Frank Cimitile, Sephora USA, LLC.Document filed by Mariela Del Rosario, Julissa Bautista, Solange Bernal, Angela Samboy, Leydis Rodriguez.(kw, ) (Entered: 03/23/2004)

March 16, 2004

March 16, 2004

11

ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Joseph Baumgarten dated 3/16/04. Granting parties' request that preliminary discovery be limited to Sephora's alleged "English-Only" language rule and that all such discovery be completed by 6/30/04. (Signed by Judge Naomi Reice Buchwald on 3/18/04) Copies Mailed By Chambers.(kw, ) (Entered: 03/26/2004)

March 22, 2004

March 22, 2004

Set Deadlines/Hearings: Discovery due by 6/30/2004. (kw, ) (Entered: 03/26/2004)

March 22, 2004

March 22, 2004

12

FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - ANSWER to Intervenor Complaint. Document filed by Misa Gjonbalaj, Diana Saini, Sephora USA, LLC, Richard Tran.(Baumgarten, Joseph) Modified on 5/13/2004 (mj, ). (Entered: 04/15/2004)

April 15, 2004

April 15, 2004

Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Telephone Conference held on 6/9/2004. (jco, ) (Entered: 06/15/2004)

June 9, 2004

June 9, 2004

14

ENDORSED LETTER addressed to Judge Buchwald from Lauren Dreilinger dated 06/09/04 re: granting counsel's request for an extension of time until August 13, 2004 to complete discovery regarding Defendant's English-only rule. (Signed by Judge Naomi Reice Buchwald on 6/10/04) (djc, ) (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

15

ANSWER to Intervenor Complaint. Document filed by Frank Cimitile.(db, ) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

17

MOTION (FILED ON SERVICE DATE) for Raechel Lee Adams to Appear Pro Hac Vice. Document filed by Equal Employment Opportunity Commission. (db, ) (Entered: 08/18/2004)

Aug. 10, 2004

Aug. 10, 2004

16

ENDORSED LETTER addressed to Judge Buchwald from Elizabeth Grossman dated 8/5/2004 re: discovery deadline on the limited issue of Defendant's alleged English-only rule be extended until 9/30/2004. Application granted. (Signed by Judge Naomi Reice Buchwald on 8/10/2004) (jsa, ) (Entered: 08/16/2004)

Aug. 12, 2004

Aug. 12, 2004

Set/Reset Deadlines: Discovery due by 9/30/2004. (jsa, ) (Entered: 08/16/2004)

Aug. 12, 2004

Aug. 12, 2004

ORDER granting 17 Motion for Raechel L. Adams to Appear Pro Hac Vice . (Signed by Judge Naomi Reice Buchwald on 8/20/04) (yv, ) (Entered: 08/25/2004)

Aug. 20, 2004

Aug. 20, 2004

Transmission to Attorney Admissions Clerk. Transmitted re: Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (yv, ) (Entered: 08/25/2004)

Aug. 20, 2004

Aug. 20, 2004

18

ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Raechel L. Adams dated 9/23/04 re: request an additional extension of the initial discovery period until 11/19/04, If Your Honor is amenable to that date. So Ordered. Discovery due by 11/19/2004. (Signed by Judge Naomi Reice Buchwald on 9/23/04) (dfe, ) (Entered: 09/27/2004)

Sept. 24, 2004

Sept. 24, 2004

Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Interim Pretrial Conference held on 10/13/2004. (pa, ) (Entered: 10/20/2004)

Oct. 13, 2004

Oct. 13, 2004

Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Interim Pretrial Conference held on 11/4/2004. (kw, ) (Entered: 11/08/2004)

Nov. 4, 2004

Nov. 4, 2004

Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Telephone Conference held on 12/9/2004. (cd, ) (Entered: 01/04/2005)

Dec. 9, 2004

Dec. 9, 2004

19

ENDORSED LETTER addressed to Judge Naomi R. Buchwald from Raechel L. Adams dated 12/14/04 re: counsel for parties propose the following briefing schedule for summary judgment motion: dft file motion on 2/28/05, plaintiff's opposition by 4/8/05, and dft's reply by 4/29/05. Application granted. However no further extensions will be granted. (Signed by Judge Naomi Reice Buchwald on 12/20/04) (dle, ) (Entered: 12/23/2004)

Dec. 21, 2004

Dec. 21, 2004

20

AFFIDAVIT OF SERVICE of Motion for Partial Summary Judgment and Supporting documents served on E.E.O.C. on 2/28/05. Service was made by first class mail. Document filed by Sephora USA, LLC, Richard Tran, Misa Gjonbalaj, Diana Saini. Received in night deposit box on 2/28/05 at 9:09 p.m. (db, ) (Entered: 03/04/2005)

Feb. 28, 2005

Feb. 28, 2005

21

AFFIDAVIT OF SERVICE of Motion for Partial Summary Judgment and Supporting documents served on E.E.O.C. on 2/28/05. Service was made by UPS Next Day Air. Document filed by Sephora USA, LLC, Richard Tran, Misa Gjonbalaj, Diana Saini. Received in night deposit box on 2/28/05 at 9:10 p.m.(db, ) (Entered: 03/04/2005)

Feb. 28, 2005

Feb. 28, 2005

22

MOTION (FILED ON SERVICE DATE) for Partial Summary Judgment. Document filed by Sephora USA, LLC, Richard Tran, Misa Gjonbalaj, Diana Saini. (pf, ) (Entered: 03/08/2005)

Feb. 28, 2005

Feb. 28, 2005

23

MEMORANDUM OF LAW in Support re: 22 MOTION (FILED ON SERVICE DATE) for Partial Summary Judgment.. Document filed by Sephora USA, LLC, Richard Tran, Misa Gjonbalaj, Diana Saini. (pf, ) (Entered: 03/08/2005)

Feb. 28, 2005

Feb. 28, 2005

24

MOTION (FILED ON SERVICE DATE) for an order granting dfts partial summary judgment dismissing the claim that Sephora maintains an unlawful English only rule. Document filed by Frank Cimitile. (dle, ) (Entered: 04/19/2005)

April 8, 2005

April 8, 2005

27

DECLARATION of Raechel L. Adams with Exhibits 16-49. Document filed by Equal Employment Opportunity Commission. (ll, ) (Entered: 04/21/2005)

April 8, 2005

April 8, 2005

25

MEMORANDUM OF LAW in Opposition re: 24 MOTION (FILED ON SERVICE DATE) for Summary Judgment., 22 MOTION (FILED ON SERVICE DATE) for Partial Summary Judgment.. Document filed by Equal Employment Opportunity Commission, Julissa Bautista, Solange Bernal. (ll, ) (Entered: 04/21/2005)

April 15, 2005

April 15, 2005

26

RULE 56.1 STATEMENT. Document filed by Equal Employment Opportunity Commission, Julissa Bautista, Solange Bernal. (ll, ) (Entered: 04/21/2005)

April 15, 2005

April 15, 2005

28

ENDORSED LETTER addressed to Judge Buchwald from Jody S. Riger dated 4/26/05 re: defendants are granted until May 6, 2005 in which to file the reply brier. (Signed by Judge Naomi Reice Buchwald on 4/26/05) (djc, ) (Entered: 04/29/2005)

April 28, 2005

April 28, 2005

29

REPLY MEMORANDUM OF LAW in Further Support re: 22 MOTION (FILED ON SERVICE DATE) for Partial Summary Judgment.. Document filed by Sephora USA, LLC, Richard Tran, Misa Gjonbalaj, Diana Saini. (mde, ) (Entered: 05/11/2005)

May 6, 2005

May 6, 2005

30

SUPPLEMENTAL DECLARATION of Joseph Baumgarten in Further Support re: 22 MOTION (FILED ON SERVICE DATE) for Partial Summary Judgment.. Document filed by Sephora USA, LLC, Richard Tran, Misa Gjonbalaj, Diana Saini. (mde, ) (Entered: 05/11/2005)

May 6, 2005

May 6, 2005

32

MOTION (FILED ON SERVICE DATE) for Reconsideration re; 31 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,. Document filed by Equal Employment Opportunity Commission. (cd, ) (Entered: 10/03/2005)

Sept. 28, 2005

Sept. 28, 2005

33

MEMORANDUM OF LAW in Support re: 32 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 31 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,.. Document filed by Equal Employment Opportunity Commission. (cd, ) (Entered: 10/03/2005)

Sept. 29, 2005

Sept. 29, 2005

34

MEMORANDUM OF LAW in Opposition re: 32 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 31 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,.. Document filed by Sephora USA, LLC, Richard Tran, Misa Gjonbalaj, Diana Saini. (djc, ) (Entered: 10/18/2005)

Oct. 17, 2005

Oct. 17, 2005

35

ORDER denying 32 Motion for Reconsideration. As plaintiff's motion neither meets the standard of our Local Civil Rule 6.3 nor the applicable case law on motions for reconsideration, the motion is DENIED. (Signed by Judge Naomi Reice Buchwald on 12/16/05) (kco, ) (Entered: 12/19/2005)

Dec. 16, 2005

Dec. 16, 2005

36

ENDORSED LETTER: addressed to Judge naomi Reice Buchwald from Raechel L. Adams dated 12/29/2005 re: The parties request permission to continue discussions for an additional week and to submit a proposed pretrial discovery schedule to the Court on 1/13/2006. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 1/6/2006) (lb, ) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Telephone Conference held on 1/31/2006. (cd, ) (Entered: 02/09/2006)

Jan. 31, 2006

Jan. 31, 2006

37

MOTION for an order, admitting Peter M. Avery to Appear Pro Hac Vice. Document filed by Sephora USA, LLC, Richard Tran, Misa Gjonbalaj, Diana Saini. (sac, ) (Entered: 03/14/2006)

March 13, 2006

March 13, 2006

Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Subsequent Conference held on 3/27/2006. (sac, ) (Entered: 03/30/2006)

March 27, 2006

March 27, 2006

38

TRANSCRIPT of proceedings held on 3/27/2006 before Judge Naomi Reice Buchwald. (jar, ) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

39

ORDER granting 37 Motion for Peter M. Avery to Appear Pro Hac Vice . (Signed by Judge Naomi Reice Buchwald on 4/25/2006) (jmi, ) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

40

ENDORSED LETTER: addressed to Judge Naomi Reice Buchwald from Joseph Baumgarten dated 5/1/2006 re: we believe that the population to whom the questionaire is to be sent should be limited in 2 respects... ENDORSEMENT: Application denied. So Ordered. (Signed by Judge Naomi Reice Buchwald on 5/3/2006) (lb, ) (Entered: 05/09/2006)

May 8, 2006

May 8, 2006

CASHIERS OFFICE REMARK on 39 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 5/4/2006, Receipt Number 578232. (jd, ) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

41

FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - NOTICE OF APPEARANCE by Diane Windholz on behalf of Frank Cimitile (Windholz, Diane) Modified on 5/24/2006 (gf, ). (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Diane Windholz to MANUALLY RE-FILE Document Notice of Appearance, Document No. 41. This case is not ECF. (gf, ) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

42

ENDORSED LETTER: addressed to Judge Naomi Reice Buchwald from Raechel L. Adams dated 5/19/2006 re: requesting an extension of the discovery period in this action. ENDORSEMENT: The time to complete discovery is extended until 9/1/2006. So Ordered. (Signed by Judge Naomi Reice Buchwald on 5/26/2006) (lb, ) (Entered: 06/02/2006)

June 1, 2006

June 1, 2006

43

ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Robert D. Rose dated 8/7/06 re: The parties jointly request an extension of the discovery deadline to December 1, 2006 to complete all discovery. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge Naomi Reice Buchwald on 8/21/06) (js, ) (Entered: 08/23/2006)

Aug. 22, 2006

Aug. 22, 2006

44

ENDORSED LETTER addressed to Judge Buchwald from Raechel L. Adams dated 11/17/06 re: counsel requests that the Court set a revised discovery deadline of January 5, 2006. So Ordered. (Signed by Judge Naomi Reice Buchwald on 11/22/06) (djc, ) (Entered: 11/27/2006)

Nov. 22, 2006

Nov. 22, 2006

45

STIPULATION AND ORDER ON CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Naomi Reice Buchwald on 1/16/2007) (lb) (Entered: 01/22/2007)

Jan. 19, 2007

Jan. 19, 2007

46

FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by Jody Sue Riger on behalf of Sephora USA, LLC, Richard Tran, Misa Gjonbalaj, Diana Saini (Riger, Jody) Modified on 3/2/2007 (lb). (Entered: 01/25/2007)

Jan. 25, 2007

Jan. 25, 2007

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Jody Sue Riger to MANUALLY RE-FILE Document NOTICE OF APPEARANCE, Document No. 46. This case is not ECF. (lb) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Interim Pretrial Conference held on 4/12/2007. (pl) (Entered: 04/23/2007)

April 12, 2007

April 12, 2007

47

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Frank Maas. (Signed by Judge Naomi Reice Buchwald on 4/13/07) (pl) (Entered: 04/18/2007)

April 17, 2007

April 17, 2007

Minute Entry for proceedings held before Judge Frank Maas : Settlement Conference held on 6/11/2007. Parties are unable to reach a settlement; referral closed for Mag. purposes. (tro) (Entered: 06/14/2007)

June 11, 2007

June 11, 2007

CASE NO LONGER REFERRED to Magistrate Judge Frank Maas. I have closed the above reference for magistrate judge statistical purposes. Reason: No Settlement. (ae) (Entered: 08/06/2007)

July 24, 2007

July 24, 2007

48

CONSENT JUDGMENT AND DECREE # 07,1532 in favor of Equal Employment Opportunity Commission against Sephora USA, LLC in the amount of $ 565,000.00. (Signed by Judge Naomi Reice Buchwald on 8/7/07) (ml) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

50

STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE, by and between the undersigned Counsel for the parties herein that the Complaint in Intervention filed herein by Plaintiffs-Intervenors on March 16, 2004 shall be dismissed with prejudice and without costs or attorney's fees to any party. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/30/2007) (jmi) (Entered: 09/05/2007)

Sept. 4, 2007

Sept. 4, 2007

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Nov. 7, 2003

Closing Date: Aug. 7, 2007

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

Mr. Frank Cimitile (New York, New York), Private Entity/Person

Mr. Frank Cimitile (New York, New York), Private Entity/Person

Ms. Diana Saini (New York, New York), Private Entity/Person

Ms. Misa Gjonbalaj (New York, New York), Private Entity/Person

Mr. Richard Tran (New York, New York), Private Entity/Person

Sephora USA, LLC (New York, New York), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 565000

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Indian