Case: Gonzalez v. Abercrombie & Fitch, Inc.

3:03-cv-02817 | U.S. District Court for the Northern District of California

Filed Date: June 16, 2003

Closed Date: April 15, 2011

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Case Summary

On June 16, 2003, employees filed a lawsuit in the United States District Court for the Northern District of California under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the California Fair Employment and Housing Act against Abercrombie & Fitch Stores, Inc. The plaintiffs, represented by private counsel, asked the court for injunctive relief, restoration of jobs or front pay benefits, back pay, exemplary and punitive damages, and attorneys' fees, alleging that Abercrombie & Fitch Management Co. had racially discriminated against potential and active employees. The plaintiffs also sought to represent a class of such employees. Specifically, they contended that Abercrombie was systematically discriminatory, subjective, and arbitrary with respect to hiring, firing, job assignment, compensation, promotion to in-store managerial positions, and conditions of employment. They alleged that Abercrombie enforced a nationwide corporate policy of preferring white employees for in-store sales and management positions, desirable job assignments, and favorable work schedules.

The EEOC, engaged in a concurrent civil action against Abercrombie, also concluded that Abercrombie was in violation of Title VII. According to the PACER docket, on November 12, 2004, the case was consolidated with two EEOC cases: EEOC v. Abercrombie and Fitch and West v. Abercrombie and Fitch. This expanded the complaint to include charges of discrimination against women as well as minorities.

The case was initially assigned to Judge Maria-Elena James, who then signed the order re-assigning the case to Judge Susan Illston for all further proceedings. The plaintiffs filed a first amended complaint on August 18, 2003, alleging the same substantial facts and claims but adding three named plaintiffs and three defendants. They filed a second amended complaint on January 9, 2004 to include Title VII claims. The third amended complaint, filed on May 17, 2004, added individual gender discrimination claims on behalf of two of the named plaintiffs.

The fourth amended complaint was filed on November 8, 2004. According to the fourth amended complaint, the plaintiffs sought to represent a class of people applying to and working within Abercrombie & Fitch who faced discrimination due to their race, color, and/or national origin since February 24, 1999.

After negotiations during court-ordered mediation, on November 16, 2004, the court certified a settlement class. And on April 14, 2005 the court (Judge Susan Illston) approved the consent decree. In this settlement agreement, Abercrombie was required to pay $40 million to class members, to pay attorney fees, and to implement extensive new policies and programs that promoted equal employment and diversity amongst employees, subject to the approval of a court-appointed monitor. In exchange, the plaintiffs agreed to release Abercrombie from all related claims. The parties stipulated that the consent decree did not constitute an admission of liability. The consent decree was to remain in effect for a period of six years until April 14, 2011. In addition, the parties agreed to the appointment of a Special Master in charge of dispute resolution and enforcement procedures under the consent decree.

On August 28, 2009, the plaintiffs initiated dispute resolution proceedings to assert that Abercrombie had failed to comply with its hiring obligations under the decree. The Special Master made a decision on April 15, 2011 that ordered Abercrombie to make an adverse impact review and assessment of its selection criteria, but denied the plaintiff’s request that Abercrombie implement alternative selection criteria and extend the consent decree. The plaintiffs challenged the Special Master’s decision. Judge Illston affirmed on June 23, 2011 and ordered Abercrombie to submit a report of the adverse impact review to the plaintiffs and the Court after completion. 2011 WL 2516621. As of April 2011, the period of the consent decree ended and the case is now closed

	Document
3:03-cv-02817	Docket (PACER) Gonzalez v. Abercrombie & Fitch Co.	March 6, 2012	March 6, 2012 Docket
1 3:03-cv-02817	Complaint Gonzalez v. Abercrombie v. Fitch Stores Inc.	June 16, 2003	June 16, 2003 Complaint 2003 WL 23687870
92 3:03-cv-02817	Fourth Amended Complaint Gonzalez v. Abercrombie v. Fitch Stores Inc.	Nov. 8, 2004	Nov. 8, 2004 Complaint
98 3:03-cv-02817	Answer to Fourth Amended Complaint Gonzalez v. Abercrombie v. Fitch Stores Inc.	Nov. 11, 2004	Nov. 11, 2004 Pleading / Motion / Brief
125 3:03-cv-02817	Motion for Settlement Gonzalez v. Abercrombie v. Fitch Stores Inc.	April 11, 2005	April 11, 2005 Pleading / Motion / Brief
138 3:03-cv-02817 3:04-cv-04730 3:04-cv-04731	Consent Decree	April 14, 2005	April 14, 2005 Settlement Agreement

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT /summons issued against Abercombie & Fitch Co. (Filing fee $150 receipt number 3348530). Filed by Austin Chu, Juancarlos Gomez-Montejano, Eduardo Gonzalez, Encarnacion Gutierrez, Jennifer Lu, Johan Montoya, Ivy Nguyen, Anthony Ocampo, Angela Wu. (vlh, ) Additional attachment(s) added on 7/29/2003 (ga, COURT STAFF). (Entered: 06/20/2003)	June 16, 2003	June 16, 2003 RECAP
	Summons Issued as to Abercombie & Fitch Co. (vlh, )	June 16, 2003	June 16, 2003 PACER
2	ADR SCHEDULING ORDER: Case Management Statement due by 10/9/2003. Case Management Conference set for 10/16/2003 at 10:00 AM. (vlh, ) (Entered: 06/20/2003)	June 16, 2003	June 16, 2003 PACER
3	CERTIFICATE/PROOF OF SERVICE by Austin Chu, Juancarlos Gomez-Montejano, Eduardo Gonzalez, Encarnacion Gutierrez, Jennifer Lu, Johan Montoya, Ivy Nguyen, Anthony Ocampo, Angela Wu re 1 (Cervantez, Eve) (Entered: 06/25/2003)	June 25, 2003	June 25, 2003 PACER
4	CERTIFICATE/PROOF OF SERVICE by Austin Chu, Juancarlos Gomez-Montejano, Eduardo Gonzalez, Encarnacion Gutierrez, Jennifer Lu, Johan Montoya, Ivy Nguyen, Anthony Ocampo, Angela Wu re 1 (Cervantez, Eve) (Entered: 07/09/2003)	July 9, 2003	July 9, 2003 PACER
5	STIPULATION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING by Abercombie & Fitch Co.. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Dexter, Douglas) (Entered: 07/28/2003) 1 Signature Page (Declarations/Stipulations) View on PACER	July 28, 2003	July 28, 2003 PACER
6	Declination to Proceed Before a U.S. Magistrate Judge by Abercombie & Fitch Co. and Request for Assignment to a United States District Judge. (Dexter, Douglas) (Entered: 07/28/2003)	July 28, 2003	July 28, 2003 PACER
7	MOTION for Pro Hac Vice of attorney Sandra J. Anderson (paid) filed by Abercombie & Fitch Co.. (ga, COURT STAFF) (Entered: 07/31/2003)	July 28, 2003	July 28, 2003 PACER
8	MOTION for Pro Hac Vice of attorney Mark A. Knueve (paid) filed by Abercombie & Fitch Co.. (ga, COURT STAFF) (Entered: 07/31/2003)	July 28, 2003	July 28, 2003 PACER
9	MOTION for Pro Hac Vice of attorney Thomas B. Ridgley (paid) filed by Abercombie & Fitch Co.. (ga, COURT STAFF) (Entered: 07/31/2003)	July 29, 2003	July 29, 2003 PACER
10	ORDER Impending Reassignment . Signed by Judge HON. MARIA-ELENA JAMES on 8/4/03. (bjt, ) (Entered: 08/04/2003)	Aug. 4, 2003	Aug. 4, 2003 PACER
11	ORDER REASSIGNING CASE. Case reassigned to Judge Susan Illston for all further proceedings. Judge Maria-Elena James no longer assigned to case. Signed by Executive Committee on 08/06/03. (mab, COURT STAFF) (Entered: 08/06/2003)	Aug. 6, 2003	Aug. 6, 2003 PACER
12	CLERK'S NOTICE setting case management on 11/7/03 @ 2:00 p.m. (ts, COURT STAFF) (Entered: 08/12/2003)	Aug. 12, 2003	Aug. 12, 2003 PACER
13	NOTICE re 12 ENTRY OF CASE MANAGEMENT CONFERENCE ORDER by Austin Chu, Juancarlos Gomez-Montejano, Eduardo Gonzalez, Encarnacion Gutierrez, Jennifer Lu, Johan Montoya, Ivy Nguyen, Anthony Ocampo, Angela Wu. (Attachments: # 1)(Sagafi, Jahan) (Entered: 08/12/2003)	Aug. 12, 2003	Aug. 12, 2003 PACER
	Set/Reset Hearings: Case Management Conference set for 11/7/2003 at 02:00 PM. (ys, COURT STAFF)	Aug. 12, 2003	Aug. 12, 2003 PACER
14	ORDER granting pro hac vice. Signed by Judge Susan Illston on 8/12/03. (ts, COURT STAFF) (Entered: 08/13/2003)	Aug. 13, 2003	Aug. 13, 2003 PACER
15	First AMENDED COMPLAINT For Injunctive and Declaratory Relief and Damages, For Violations of 42 U.S.C. ? 1981; California Fair Employment and Housing Act against Abercombie & Fitch Co.. Filed by Austin Chu, Juancarlos Gomez-Montejano, Eduardo Gonzalez, Encarnacion Gutierrez, Jennifer Lu, Johan Montoya, Ivy Nguyen, Anthony Ocampo, Angela Wu. (Sagafi, Jahan) (Entered: 08/18/2003)	Aug. 18, 2003	Aug. 18, 2003 PACER
16	CERTIFICATE/PROOF OF SERVICE by Austin Chu, Juancarlos Gomez-Montejano, Eduardo Gonzalez, Encarnacion Gutierrez, Jennifer Lu, Johan Montoya, Ivy Nguyen, Anthony Ocampo, Angela Wu re 15 Via U.S. Mail (Sagafi, Jahan) (Entered: 08/18/2003)	Aug. 18, 2003	Aug. 18, 2003 PACER
	Summons (First Amended Complaint) Issued as to A&F California, LLC ; A&F Ohio, Inc. ; Abercombie & Fitch Co. ; Abercrombie & Fitch Stores, Inc. (ys, COURT STAFF)	Aug. 22, 2003	Aug. 22, 2003 PACER
17	STIPULATION re 1, 15 Extension of Time to File Responsive Pleading by A&F California, LLC, A&F Ohio, Inc., Abercombie & Fitch Co., Abercrombie & Fitch Stores, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations) Signature)(Kearney, Sandra) (Entered: 08/29/2003) 1 Signature Page (Declarations/Stipulations) Signature View on PACER	Aug. 29, 2003	Aug. 29, 2003 PACER
18	ORDER . Signed by Judge Illston on 9/4/03. (ts, COURT STAFF) (Entered: 09/04/2003)	Sept. 4, 2003	Sept. 4, 2003 PACER
19	Defendants' ANSWER to Complaint First Amended by A&F California, LLC, A&F Ohio, Inc., Abercombie & Fitch Co., Abercrombie & Fitch Stores, Inc.. (Dexter, Douglas) (Entered: 09/11/2003)	Sept. 11, 2003	Sept. 11, 2003 PACER
20	NOTICE of need of ADR Phone Conference ADR Certification (Kearney, Sandra) (Entered: 09/25/2003)	Sept. 25, 2003	Sept. 25, 2003 PACER
21	NOTICE of need of ADR Phone Conference (Attachments: # 1)(Sagafi, Jahan) (Entered: 09/25/2003)	Sept. 25, 2003	Sept. 25, 2003 PACER
22	CLERK'S NOTICE: ADR Phone Conference scheduled for 10/27/03 at 9:30 a.m. PST. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) Modified on 9/26/2003 (tjs, COURT STAFF). (Entered: 09/26/2003)	Sept. 26, 2003	Sept. 26, 2003 PACER
23	STIPULATION EXTENDING BY ONE WEEK THE DEADLINE FOR INITIAL DISCLOSURES PURSUANT TO RULE 26 by Austin Chu, David Culpepper, Eric Fight, Juancarlos Gomez-Montejano, Eduardo Gonzalez, Carla Grubb, Encarnacion Gutierrez, Jennifer Lu, Johan Montoya, Ivy Nguyen, Anthony Ocampo, Angela Wu. (Cervantez, Eve) (Entered: 10/27/2003)	Oct. 27, 2003	Oct. 27, 2003 PACER
24	NOTICE re 14 ENTRY OF ORDER by A&F California, LLC, A&F Ohio, Inc., Abercombie & Fitch Co., Abercrombie & Fitch Stores, Inc.. (Attachments: # 1 Exhibit A)(Kearney, Sandra) (Entered: 10/27/2003) 1 Exhibit A View on PACER	Oct. 27, 2003	Oct. 27, 2003 PACER
25	NOTICE re 14 ENTRY OF ORDER by A&F California, LLC, A&F Ohio, Inc., Abercombie & Fitch Co., Abercrombie & Fitch Stores, Inc.. (Attachments: # 1 Exhibit A)(Kearney, Sandra) (Entered: 10/27/2003) 1 Exhibit A View on PACER	Oct. 27, 2003	Oct. 27, 2003 PACER
26	NOTICE re 14 ENTRY OF ORDER by A&F California, LLC, A&F Ohio, Inc., Abercombie & Fitch Co., Abercrombie & Fitch Stores, Inc.. (Attachments: # 1 Exhibit A)(Kearney, Sandra) (Entered: 10/27/2003) 1 Exhibit A View on PACER	Oct. 27, 2003	Oct. 27, 2003 PACER
	ADR Phone Conference by RWS (tjs, COURT STAFF)	Oct. 27, 2003	Oct. 27, 2003 PACER
27	ORDER granting stipulation to extend Rule 26 disclosures. Signed by Judge Illston on 10/28/03. (ts, COURT STAFF) (Entered: 10/28/2003)	Oct. 28, 2003	Oct. 28, 2003 PACER
28	JOINT CASE MANAGEMENT STATEMENT (filed by Plaintiffs on behalf of Plaintiffs and Defendants) filed by Austin Chu, David Culpepper, Eric Fight, Juancarlos Gomez-Montejano, Eduardo Gonzalez, Carla Grubb, Encarnacion Gutierrez, Jennifer Lu, Johan Montoya, Ivy Nguyen, Anthony Ocampo, Angela Wu. (Attachments: # 1 Exhibit Exhibit A)(Sagafi, Jahan) (Entered: 10/31/2003) 1 Exhibit Exhibit A View on PACER	Oct. 31, 2003	Oct. 31, 2003 PACER
	ADR Phone Conference by RWS (tjs, COURT STAFF)	Nov. 4, 2003	Nov. 4, 2003 PACER
29	MOTION for Pro Hac Vice of Elizabeth A. Alexander (receipt #3353287) filed by Austin Chu, David Culpepper, Eric Fight, Juancarlos Gomez-Montejano, Eduardo Gonzalez, Carla Grubb, Encarnacion Gutierrez, Jennifer Lu, Johan Montoya, Ivy Nguyen, Anthony Ocampo, Angela Wu. (ys, COURT STAFF) (Entered: 11/07/2003)	Nov. 6, 2003	Nov. 6, 2003 PACER
	Proposed Order re 29 by Austin Chu, David Culpepper, Eric Fight, Juancarlos Gomez-Montejano, Eduardo Gonzalez, Carla Grubb, Encarnacion Gutierrez, Jennifer Lu, Johan Montoya, Ivy Nguyen, Anthony Ocampo, Angela Wu. (ys, COURT STAFF)	Nov. 6, 2003	Nov. 6, 2003 PACER
30	Minute Entry: Initial Case Management Conference held on 11/7/2003 before Illston. Case continued to 11/12/04 @ 2:30 p.m. for Further Case Management ConferenceCase continued to 4/16/04 @ 2:30 P.M. for Further Case Management ConferenceCase continued to 10/29/04 @ 9:00 A.M. for Motion for Class Certification(Motion due 7/16/04, Opposition 9/9/041 Reply 0/15/04)Case continued to NONE SET AT THIS TIME for Pretrial ConferenceCase continued to 9/12/05 @ 8:30 a.m. for Trial (: Days)RE: CLASS CERTIFICATION: Designate Experts by: 5/2/04, completion of Depositions 6/4/04, Disclose supplemental/Rebuttal Expert & Reports: 6/11/04, Completion of Supplemental/Rebuttal Expert Depositions 7/2/04ORDERED AFTER HEARING: T he parties shall attempt to resolve the personal jurisdiction issue or file the appropriate motions by November 21, 2004.(No pretrial order issued at this time.)(Court Reporter NONE.) (ts, COURT STAFF) (Entered: 11/12/2003)	Nov. 12, 2003	Nov. 12, 2003 PACER
	Set/Reset Deadlines:, Set/Reset Hearings: Motions for class certification due by 7/16/2004. Bench Trial set for 9/12/2005 08:30 AM. Case Management Conference set for 4/16/2004 at 02:30 PM. Motion Hearing for class certification set for 10/29/2004 09:00 AM. (ys, COURT STAFF)	Nov. 12, 2003	Nov. 12, 2003 PACER
31	ORDER by Judge Susan Illston granting 29 Motion for Pro Hac Vice of Elizabeth A. Alexander (ys, COURT STAFF) (Entered: 11/14/2003)	Nov. 12, 2003	Nov. 12, 2003 PACER
32	STIPULATION to report to Court NLT 12/8/03 by Abercombie & Fitch Co., Eduardo Gonzalez. (Attachments: # 1 Exhibit Proof of Service)(Sagafi, Jahan) (Filed on 11/24/2003) (Entered: 11/24/2003) 1 Exhibit Proof of Service View on PACER	Nov. 24, 2003	Nov. 24, 2003 PACER
33	CERTIFICATE OF SERVICE by Eduardo Gonzalez (Attachments: # 1 LETTER TO HONORABLE SUSAN ILLSTON)(Sagafi, Jahan) (Filed on 12/4/2003) (Entered: 12/04/2003) 1 LETTER TO HONORABLE SUSAN ILLSTON View on PACER	Dec. 4, 2003	Dec. 4, 2003 PACER

Case: Gonzalez v. Abercrombie & Fitch, Inc.

3:03-cv-02817 | U.S. District Court for the Northern District of California

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