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

Documents in this case

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

Sept. 13, 2005

Sept. 13, 2005

Order/Opinion

419 F.Supp.2d 408

Resources

Docket

Last updated March 23, 2025, 9:20 a.m.

ECF Number Date Description Link
1 Nov. 7, 2003

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

PACER
Nov. 7, 2003

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

PACER
2 Jan. 28, 2004

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)

PACER
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)

PACER
4 Feb. 11, 2004

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)

PACER
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)

PACER
5 Feb. 13, 2004

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

PACER
6 Feb. 13, 2004

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

PACER
7 Feb. 24, 2004

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)

PACER
8 March 2, 2004

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)

PACER
9 March 12, 2004

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)

PACER
10 March 16, 2004

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)

PACER
11 March 22, 2004

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)

PACER
March 22, 2004

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

PACER
12 April 15, 2004

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)

PACER
June 9, 2004

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

PACER
14 June 14, 2004

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)

PACER
15 July 23, 2004

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

PACER
17 Aug. 10, 2004

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)

PACER
16 Aug. 12, 2004

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)

PACER
Aug. 12, 2004

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

PACER
Aug. 20, 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)

PACER
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)

PACER
18 Sept. 24, 2004

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)

PACER
Oct. 13, 2004

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

PACER
Nov. 4, 2004

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

PACER
Dec. 9, 2004

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

PACER
19 Dec. 21, 2004

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)

PACER
20 Feb. 28, 2005

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)

PACER
21 Feb. 28, 2005

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)

PACER
22 Feb. 28, 2005

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)

PACER
23 Feb. 28, 2005

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)

PACER
24 April 8, 2005

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)

PACER
27 April 8, 2005

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

PACER
25 April 15, 2005

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)

PACER
26 April 15, 2005

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

PACER
28 April 28, 2005

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)

PACER
29 May 6, 2005

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)

PACER
30 May 6, 2005

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)

PACER
32 Sept. 28, 2005

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)

PACER
33 Sept. 29, 2005

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)

PACER
34 Oct. 17, 2005

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)

PACER
35 Dec. 16, 2005

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)

PACER
36 Jan. 11, 2006

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)

PACER
Jan. 31, 2006

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

PACER
37 March 13, 2006

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)

PACER
March 27, 2006

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

PACER
38 April 20, 2006

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

PACER
39 April 26, 2006

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)

PACER
40 May 8, 2006

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)

PACER
May 17, 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)

PACER
41 May 23, 2006

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)

PACER
May 24, 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)

PACER
42 June 1, 2006

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)

PACER
43 Aug. 22, 2006

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)

PACER
44 Nov. 22, 2006

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)

PACER
45 Jan. 19, 2007

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)

PACER
46 Jan. 25, 2007

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)

PACER
March 2, 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)

PACER
April 12, 2007

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

PACER
47 April 17, 2007

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)

PACER
June 11, 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)

PACER
July 24, 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)

PACER
48 Aug. 7, 2007

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)

PACER
50 Sept. 4, 2007

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)

PACER

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

Private Entity/Person

Mr. Frank Cimitile

Mr. Frank Cimitile

Mr. Richard Tran

Ms. Diana Saini

Ms. Misa Gjonbalaj

Sephora USA, LLC

Case Details

Causes of Action:

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

Other Dockets:

Southern District of New York 1:03-cv-08821

Available Documents:

Any published opinion

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 565000

Issues

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

National origin discrimination

Affected National Origin/Ethnicity(s):

Indian

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation