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

EEOC v. Papillon Salons and Co., Inc.

EEOC v. Papillon Salons and Co., Inc.

EEOC v. Papillon Salons and Co., Inc.

EEOC v. Papillon Salons and Co., Inc.

EEOC v. Papillon Salons and Co., Inc.

EEOC v. Papillon Salons and Co., Inc.

EEOC v. Papillon Salons and Co., Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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

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)

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

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

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

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)

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)

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)

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

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)

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

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)

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)

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)

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)

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)

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

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)

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

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

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

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)

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)

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)