• 0 9 3 1•4 9 Case 2:02-cv-03149-TCP Document 1 Filed 05/29/2002

UNITED STATES DISTRICT Cj>~RI f EASTERN DISTRICT OF NEW~RV -

.' ,:;.,

Page 1 of 5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.

}

} }

{~

;::()
.

U

S

c:J~

FILeo
CLERK'S OFFrCE

}

NO. CIVIL ACTION

TRI9TCOURTE.O.N.Y.

} } 02CIV.

* * MAY !2 9 2002

}

!
i

}

LONG ISLAN

}

COMPLAINT AND

I 0 OFFICE

PAPILLON SALONS & CO., INC.

} JURY TRIAL DEMANDED'

a/k/a PAPILLON HAIR SALON & SPA, INC. }

a/k/a PAPILLON SPAS, INC.

}

a/k/a PAPILLON HAIR SALON

}

BLATT,1j

& SPA, II, INC.

}

}

Defendant.

}

LINDSAY; M.

----------------------------}

,

NATURE OF THE ACTION

I

This is an action under the Age Discrimination in Employment Act of 1967, as an\ended,
29 U.S.C. § 621, et seq. (the "ADEf"), which incorporates by reference Sections J6(c) and ~ection

17 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 216(c) and 217 to porrect

I

unlawful

employment

practiges
.W

on

the

basis

of age

and

to

make

whole

Ms.

Adrienne

SpellmhI n

who

was aggrieved by the unlawful practices.

I

The U. S. Equal Employment Opportunity Commission ("EEOC" or the "Commi~sion")
,
alleges that, in November 2000, Defendant, Papillon Salons & Co., Inc. a/k/a Papillon Hair Salon

& Spa, Inc. a/k/a/ Papillon Spas, Inc. a/k/a Papillon Hair Salon & Spa, II, Inc. ("Papiljon" or
I
"Defendant") terminated Ms. Spellman from her employment as a receptionist because of~er age
,
(forty years or over), in violation of the Age Discrimination in Employment Act of 1967, as

amended.

• Case 2:02-cv-03149-TCP

Document 1

• Filed 05/29/2002

Page 2 of 5

JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,1343, and
1345. This action is authorized and instituted pursuant to Section 7(b) of tHe Age
i
Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626 (b) (the
"ADEA"), which incorporates by reference Sections 16(c) and 17 ofthe Fair Labor Standards
Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217. i
2. The employment practices alleged to be unlawful were and are now being committedlwithin
the jurisdiction of the United States District Court for the Eastern District of New York.

PARTIES
i
3. Plaintiff, the U. S. Equal Employment Opportunity Commission, is the agency ofthe ~nited
!
States of America charged with the administration, interpretation, and enforcement of the

ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29

U.S.C. § 626 (b), as amended by Section 2 of Reorganization Plan No.1 of 1978, ~2 Stat.

3781, and by Public Law 98-532 (1984), 98 Stat. 2705.

I
, i

4. At all relevant times, Defendant, Papillon Salons & Co., Inc. a/k/a Papillon Hair S~lon &

Spa, Inc. a/k/a/ Papillon Spas, Inc. a/k/a Papillon Hair Salon & Spa, II, Inc. ("Papillon" or

"Defendant"), has continuously been a corporation doing business in New York, ~nd has

continuously had at least twenty (20) employees.

I

,
5. At all relevant times, Defendant has continuously been an employer engaged in an iljtdustry

affecting commerce within the meaning of Sections 11 (b), (g), and (h) of the ADEA, 29

U.S.C. §§ 630 (b), (g), and (h).

• Case 2:02-cv-03149-TCP

• Document 1 Filed 05/29/2002
CONCILIATION

Page 3 of 5

6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate

the unlawful employment practices alleged below and to effect voluntary complianye with
I
the ADEA through informal means of conciliation, conference, and persuasion witpin the

meaning of Section 7 (b) of the ADEA, 29 U.S.C. § 626 (b).

STATEMENT OF CLAIMS I I

7.

More than thirty days prior to the institution ofthis lawsuit, Ms. Spellman filed a char$,e with

i
the Commission alleging violations of the ADEA by Papillon. All conditions prece~ent to

the institution of this lawsuit have been fulfilled.

8.

Since at least September 2000, Defendant has engaged in unlawful employment pr~ctices,

I
in violation of 29 U.S.C. § 621, et seq. The practices include discharging Ms. Sp~llman

i because of her age (forty years or over) and replacing her in the same position with ~ much

younger female (under forty years) whose job description and responsibilities were identical

to those of Ms. Spellman.

,

I

I

9.

The effect of the practices complained of above has been to deprive Ms. Spellman o~, equal

employment opportunities and otherwise adversely affect her status as an employee Uecause

of her age.

10. The unlawful employment practices complained of above were and are intenti01al and
willful within the meaning of Section 7 (b) of the ADEA, 29 U.S.C. § 626 (b). De~endant

Papillon at all relevant times has been acting with malice or reckless indifference to the

federally protected rights of Ms. Spellman.

• • Case 2:02-cv-03149-TCP Document 1 Filed 05/29/2002 PRAYER FOR RELIEF

Page 4 of 5

Wherefore, EEOC respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant Papillon, its officers, successors, ~ssigns
i
and all persons in active concert or participation with it, from engaging in wG,ongful
employment practices which discriminate on the basis of age against individuals forty (40)

years of age and older.

B. Order Defendant Papillon to institute and carry out policies, practices and programs: which

provide equal employment opportunities for individuals forty (40) years ofage and olJer, and

which eradicate the effects of its past and present unlawful employment practices.

C. Order Defendant Papillon to make whole Ms. Spellman, who was adversely affected by the
,
unlawful employment practices described above, by providing affirmative relief ne~essary
i
to eradicate the effects ofthe unlawful employment practices, including but not lirrlited to ,
her reinstatement to the position from which she was unlawfully terminated.

D. Order Defendant to make whole Ms. Spellman by providing compensation for past and future

pecuniary damages, including but not limited to medical expenses and health care btnefits,
!
in amounts to be determined at trial.

E. Order Defendantto make whole Ms. Spellman by providing compensation for non-peyuniary

losses, including but not limited to physical and emotional pain and suffering, ;mental
i
I
anguish, inconvenience and loss of enjoyment of life, in amounts to be determined lit trial.
!
F. Order Papillon to award Ms. Spellman liquidated damages for Defendant's malicious,

willful, and/or reckless conduct, in an amount to be determined at trial.

G. Grant such further relief as the Court deems necessary and proper.

H. Award the Commission its costs in this action.

. '

• Case 2:02-cv-03149-TCP

Document 1

• Filed 05/29/2002

Page 5 of 5

JURY TRIAL DEMAND
i
The Commission requests a jury trial on all questions of fact raised by its Complair!t.
i

Dated: May 2:l , 2002
New York, New York

Respectfully submitted,

Gwendolyn Y. Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507

atherine E. Bissell (KB 1831)
~L
Elizaoeth Grossman (EG 2478) Supervisory Trial Attorney

. Le Moal-Gray (ML 541) Trial A: torney

New York District Office

201 Varick Street, Room 1009

,

New York, N.Y. 10014 (temporary addressi

(917) 952-5731

I

e-mail: michele.lemoal-gray@eeoc.gov

'

 
 Case 2:02-cv-03149-TCP Document 42 Filed 11/18/2004 Page 1 of 2•

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------){
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

-against-

Plaintiff,

CV-02 3149 (TCP) (ARL)

PAPILLON SALONS & CO., INC. a!k/a PAPILLON HAIR SALON & SPA, INC., a!k/a PAPILLON SPAS, INC. a!k/a PAPILLON HAIR SALON & SPA II, INC.,

Defendants.
--------------------------------------------------------------){
This matter having been opened to the Court by Avely Hart Esq. of Hart & Hart LLP,

attorneys for Defendant Papillon Hair Salon & Spa, Inc. for an Order pursuant to Federal Rule of

Civil Procedure 14 (a) granting leave, as a third-party plaintiff, to cause to be served upon Jeffrey

Trichon and Mary Tolnai a Summons and Third-Party Complaint, and the Plaintiff, through its

attorneys, having filed no objection to the granting of said motion, and no other party having

appeared herein, and for good cause shown:

It is on this lCO day of Nthfe.wili?/, 2004

ORDERED that Defendant Papillon Hair Salon & Spa, Inc. is hereby granted leave, pursuant to Federal Rule of Civil Procedure 14 (a), as a third-party plaintiff, to cause to be filed and served upon Jeffrey Trichon and Mary Tolnai a Summons and Third-Party Complaint in this action; it is further
ORDERED that the Third-Party Complaint shall be filed with the Court within 30 days of the receipt of this Order; is further

Case 2:02-cv-03149-TCP Document 42 Filed 11/18/2004 Page 2 of 2 •

ORDERED that a copy of this Order is to be served upon all counsel within ~ days of

the receipt of this Order.

SO ORDERED:

/s/ tcp

IL!

HON. niOMAS R. PLATT, V.S.DJ.

 
 Case 2:02-cv-03149-TCP Document 43 Filed 12/10/2004 Page 1 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------]{
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
-against-
PAPILLON SALONS & CO., INC. a/kIa PAPILLON HAIR SALON & SPA, INC., a/kIa PAPILLON SPAS, INC. a/kIa
PAPILLON HAIR SALON & SPA n, INC.,
Defendants.
--------------------------------------------------------------]{
PAPILLON HAIR SALON & SPA, INC.,
Third-Party Plaintiff,
-against-
MARY TOLNA! and JEFFREY TRICHON
Third-party Defendants.
-------------------------------------------------------------]{

CV-02 3149 (TCP) (ARL)

THIRD PARTY COMPLAINT Defendant Third Party Plaintiff Papillon Hair Salon & Spa, Inc bring this third-party complaint against third-party defendants Mary Tolnai (''Tolnai'') and Jeffrey Trichon ("Trichon") seeking indemnification, or in the alternative, contribution on a proportionate basis with regard to certain claims brought against these Papillon Hair Salon & Spa, Inc. by plaintiff. I. Defendant third-party plaintiff Papillion Hair Salon & Spa, Inc. ("Hair Salon & Spa") is a corporation organized and e]{isting under the laws of the State of New York with offices located at 16 Elm Street, Huntington, New York. 2. Third-party defendant Tolnai, upon information and belief, is an individual residing in the State of Florida at 79-53 N.W. 70th Avenue, Parkland, Florida 33067.

Case 2:02-cv-03149-TCP Document 43 Filed 12/10/2004 Page 2 of 4
3. Third-party defendant Trichon, upon infonnation and belief, is an individual residing in the State of New York at 25 Tioga Drive, Jericho, New York, 11753.
4. Plaintiff Equal Employment Opportunity Commission ("EEOC") has filed a complaint against all defendants on behalf of Adrienne Spellman ("Spellman"), seeking damages arising from alleged unlawful employment practices on the basis of age under Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 USC 626(b) (the "Claim"). A copy ofthe complaint is attached hereto as Exhibit "A".
5. Spellman has alleged that she was employed by defendant Papillon Salons & Co., Inc. ("Salons & Co.) in or around November 2000 at which time she was improperly tenninated due to her age.
6. Mary Tolnai ("Tolnai") and Jeffrey Trichon ("Trichon") were the sole shareholders of Salons & Co.
7. Hair Salon & Spa was incorporated with the New York State Department of State on December 21, 200l.
8. Hair Salon & Spa purchased the assets of Salons & Co. on August 28,2002 pursuant to an asset purchase agreement (the "Asset Purchase Agreement").
9. Hair Salon & Spa was unaware ofthe existence of the Claim when it purchased the assets of Salons & Co.
10. Hair Salon & Spa did not agree to assume the liabilities of Salons & Co.
AS AND FOR A FIRST CAUSE OF ACTION
11. Third-party plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs 1 through 10 with the same force and effect as if fully set forth herein.
12. If the plaintiff should recover against defendant Hair Salon & Spa for the allegations stated herein, said damages will have been caused and brought about by reason of the wrongful actions of Salons & Co., Tolnai and Trichon.
•

Case 2:02-cv-03149-TCP Document 43
--

Filed 12/10/2004 Page 3 of 4
'.

13. The culpability of Hair Salon & Spa will only be secondary, if at all, and the culpable acts of Salons & Co., Tolnai and Trichon will have been primary. If plaintiff should recover from Hair Salon & Spa after trial, then said defendant will have been injured and seeks as a third-party plaintiff, indemnification for any and all amounts that said defendant may have to pay, or in the alternative contribution on a proportionate basis, towards any and all amounts said defendant may have to pay.

AS AND FOR A SECOND CAUSE OF ACTION

14. Third-party plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs I through l3 with the same force and effect as if fully set forth herein.
15. In Article 1.6 of the Asset Purchase Agreement Salons & Co. represented that "To the best of the knowledge ofthe Seller [Salons & Co.] there are no actions, suits, proceedings or investigations of any nature whatsoever, pending or threatened against or affecting the Seller."
16. Article 4.1 of the Asset Purchase Agreement provided that Salons & Co., and Tolnai and Trichon, personally as covenantors, agreed to indemnify and hold harmless Hair Salon & Spa from claims arising from a breach of any representations an warranties contained in the Asset Purchase Agreement, including reasonable attorney's fees.
17. The Claim constitutes an action, suit, proceeding or investigation which was pending or threatened against or affecting Salons & Co. at the time ofthe closing on the Asset Purchase Agreement.
18. The EEOC has alleged that they had communicated with representatives of Salons & Co. regarding Spelhnan's claim prior to the closing on the Asset Purchase Agreement.
19. The EEOC has alleged that service of the Summons and Complaint in this action was made upon Salons & Co. prior to the closing on the Asset Purchase Agreement.
20. Third party defendants were aware ofthe Claim prior to the closing on the Asset Purchase Agreement.

Case 2:02-cv-03149-TCP Document 43 Filed 12/10/2004 Page 4 of 4
,-
21. Third-party defendants have breached the representations contained in the Asset Purchase Agreement.
22. Hair Salon & Spa seeks indemnification for any and all losses, including reasonable attorney's fees, that it might sustain as a result of the third-party defendants' breach of the Asset Purchase Agreement.
WHEREFORE, defendant third-party plaintiffPapillon Hair Salon & Spa, Inc. prays for judgment over and against third-party defendants Mary Tolnai and Jeffrey Trichon, together with the costs, expenses, disbursements, and legal fees incurred in defense of this action.
Dated: New York, New York December 8, 2004
AvelyHart (AR-2251) Attorneys for Defendant Papillon Hair Salons & Spa, Inc. 420 Lexington Avenue-Ste 2001 New York, New York 10170 (212) 573-6300
To: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehal1 Street, 5th Floor New York, N.Y. 10004 (212) 336-3620

 
 Case 2:02-cv-03149-TCP Document 58 Filed 09/12/2005 Page 1 of 7

UNITED STATES DISTRICT COURT
_EA_S_T_E_R_N__D_IS_T_R_I_C_T_O_F_N__EW__Y_O_R_K_________x

}

EQUAL EMPLOYMENT OPPORTUNITY

}

COMMISSION,

}

} CIVIL ACTION NO.

Plaintiff,

}

} 02- 3149 (TCP, ARL)

v.

}

}

PAPILLON SALONS &. CO., INC.

} CONSENT DECREE

a/k/a PAPILLON HAIR SALON &. SPA, INC.}

a/k/a PAPILLON SPAS, INC.

}

a/k/a PAPILLON HAIR SALON

}

&. SPA, II, INC.

}

}

Defendant.

}

_________________________________} X

}

}

PAPILLON HAIR SALON &. SPA, INC.,

}

}

}

Third-Party Plaintiff

}

}

v.

}

}

MARY TOLNAI and JEFFREY TRICHON

}

}

Third-Party Defendants }

}
________________________________~X

CONSENT DECREE

This cause of action was initiated on jviay 29, 2002 by the Equal Employment Opportunity Commission (hereinafter "EEOC"), an agency of the United States Government,

Monday, September 12, 2005 (3).max

Case 2:02-cv-03149-TCP Document 58 Filed 09/12/2005 Page 2 of 7

alleging that DEFENDANT (hereinafter "PAPILLON HAIR SALON & SPA, INC") violated the Age Discrimination in Employment Act ("the ADEA") by engaging in the discharge of claimant Andrienne Spellman, a protected employee under the Act.

The parties agree that it is in their mutuai interest to fully resolve the matter without further litigation. This agreement is not an admission of liability by DEFENDANT.

EEOC and DEFENDANT do hereby stipulate and consent to the entry of this Decree as final and binding between the parties signatory hereto and their successors or assigns.

The parties have agreed that this Decree may be entered without Findings of Fact and Conclusions of Law having been made and entered by the Court.

In consideration of the mutual promises of each party to this Decree, the sufficiency of which is hereby acknowledged, it is agreed and IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

A.

This Decree resolves all of the issues raised by EEOC Charge Number 160-

A1-1361and the EEOC Complaint in this case.

B.

The parties agree that this Court has jurisdiction of the subject matter of this

2

Monday, September 12, 2005 (3).max

Case 2:02-cv-03149-TCP Document 58 Filed 09/12/2005 Page 3 of 7

action and of the parties, that venue is proper, and that all administrative
prerequisites have been met.

c.

No party shall contest the jurisdiction of the federal court to enforce this

Decree and its terms or the right of any party to bring an enforcement suit upon

breach of any of the terms of this Decree by any other party. Breach of any term

of this Decree should be deemed to be a substantive breach of this Decree. Nothing

in this Decree shall be construed to preclude EEOC from bringing proceedings to

enforce this Decree in the event that DEFENDANT fails to perform any of the

promises and representations contained herein.

D.

DEFENDANT represents that it no longer operates a hair salon in New York

State. If and when DEFENDANT ever again in the future operates a hair salon

during the next two years in New York State, it agrees to the following and to

additional provisions in paragraphs E and F: it will provide a two (2) hour anti-

discrimination training for all staff and two (2) additional hours for management

personnel, to be conducted no later than 90 days after the start of operations.

DEFENDANT shall submit to the EEOC no later than 45 days after the start of

operations, biographical information regarding the identity of the trainer and a

proposed agenda for the training as part of the review and approval process. After

completion, DEFENDANT will forward to EEOC a summary of the topics covered and

3

Monday, September 12, 2005 (3).max

Case 2:02-cv-03149-TCP Document 58 Filed 09/12/2005 Page 4 of 7

a copy of the attendance sheet within ten (10) days of the completion of the training program.

E.

Within five (5) days of beginning any operation of a hair salon as specified

in Paragraph 0, DEFENDANT will post the Notice of non-discrimination attached as

Exhibit A.

F.

Within five (5) days of beginning any operation of a hair salon as specified

in Paragraph D, DEFENDANT will submit a non-discrimination policy to the EEOC

for review, and then with the EEOC's approval will maintain that policy.

G.

DEFENDANT is not liable to the EEOC for any amount in damages. Pursuant

to a settlement of a civil case filed in New York Supreme Court; Ms. Spellman is to

receive $20,000 in exchange for discontinuing the civil case in that Court.

H.

DEFENDANT and its agents agree not to discriminate against any individual

because of her or his age or engage in retaliation toward any employee.

I.

DEFENDANT and its agents agree not to retaliate against any individual for

asserting her or his rights under the ADEA. DEFENDANT and its agents further

agree not to retaliate against any individual who has partiCipated in this matter or

4

Monday, September 12, 2005 (3).max

Case 2:02-cv-03149-TCP Document 58 Filed 09/12/2005 Page 5 of 7

asserted her or his rights under the ADEA.

J.

Each party shall bear its own attorney fees and costs incurred in this action.

K.

This Decree constitutes the complete understanding among the parties. No

other promises or agreement shall be binding unless agreed to in writing and signed

by these parties.

L.

This Decree will remain in effect for two years from the date of entry.

Dated:

New York, NY September_, 2005

Dated:

~ ..

C~f~tt-J ./

Elizabeth Grossman, Esq.

Acting Regional Attorney

FOR PLAINTIFF EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

New York District Office

33 Whitehall Street New York, New York (212) 336-3696

5

Monday, September 12, 2005 (3).max

Case 2:02-cv-03149-TCP Document 58 Filed 09/12/2005 Page 6 of 7 Hart & Hart, LLP 420 Lexington Avenue, Suite 2001 New York, New York 10170 FOR DEFENDANT PAPILLON HAIR SALON & SPA, INC
SO ORDERED: JUDGE THOMAS C. PLATT UNITED STATES DISTRICT JUDGE Dated:
6
Monday, September 12, 2005 (3).max

Case 2:02-cv-03149-TCP Document 58 Filed 09/12/2005 Page 7 of 7

Exhibit A NOTICE

1. This NOTICE to all employees of PAPILLON HAIR SALON & SPA, INC is being posted and provided as part of a consent decree between PAPILLON HAIR SALON & SPA, INC. and the u.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

2. Federal law requires that there be no discrimination against any employee or applicant for employment because of sex, nor any sexual harassment or creation of a hostile work environment because of an individual's sex. It also requires that there be no discrimination against any employee or applicant who made a complaint of discrimination because of sex, race, national origin, color or religion with respect to hiring, compensation, promotion, discharge, or other terms, conditions, or privileges of employment.

3. PAPILLON HAIR SALON & SPA, INC. strongly supports and will comply with such Federal law in all aspects, and it will not take any action against employees because they have acted on those rights under the law by filing charges with the U.S. Equal Employment Opportunity Commission or by otherwise complaining or opposing employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.

4. The Equal Employment Opportunity Commission maintains offices throughout the United States. Its toll-free telephone number is 1-800-USA-EEOC.

5. This NOTICE will remain posted until August 20, 2007.

SIGNED this

day of ______________________ , 200

President DO NOT REMOVE THIS NOTICE UNTIL AUGUST 30, 2007

7

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 Case 2:201225-,cSv15-30530149-TCP Document 59 Filed 09/12/2005 Page 1 of 5

U~TTED STATES DISTRICT COURT EASTE&~ DISTRICT OF l't'EW YORK
-------------.-----------~------------------------., ---.._---x
EQCAL El\fPLOYM.ENT OPPOR11J1\ITY COMMISS10N,

-~~inst-

Plaintifl~

CV-02 3149 (TCP) (ARL)

PAPJLLON SALONS & CO., INC. a!k/a PAPlLLONHAIR SALON & SPA. INC.. at.()a PAPILLON SPAS, INC. alk/a .
PA?ILLON HAIR SALON & SPA IT, INC..

Defc:ndan ts.
------------ -- -- --------.--------------_..---- -- --- --- ----x
.PAPILLON HAIR SALON & SPA, INC.,
Third-Party Plaintiff,
-against-

STIPCLATION AND ORDER
SETTLING ACTION AS TO
nURD·PARTY DEFE~1)ANT
M..>J{ Y TOLNA!.

MARY TOLNAI and JEFFREY TruCHON

Third-Pa.rty Defcl1dIL'1ts.
------------------------------ --------.----------.-------x
WHEREAS, plaintiff: Equal Employment OrPOItun.ity Conllnissicn ("EEOC"'>, on b.;:half of ,A.cr1enne Spellman, has conL"nenced an action agai."'1~t defendant Papillon Salo.ils & Co.. L'1c. ("Salo)n5 & Co.), seeking damages arising from an alleged untawfiJl termination, in Kovember 2000, on the basis of age,

VlHEREAS, Papillon Hair Salon & Spa, lnc. ("Hair Salon & Spa") had purchased the
asset! of Salons & Co. on or about August 28,2002 pursuant to an Asset hlI'Chase Agr~eme~~

(the "As:5~t Pur.;hase A,gr~emcut"). WHEREAS, Hair Salon & Spa, s.t the time of the purchase ofthc a~13cts, "vtl3 una.......are of
the instant claim by the EEOC or Adr~enne Spellman,

Monday, September 12, 2005.max

212SE.15358

r '::;""~LL Sf-IAtlKS Z I :MOR

Case 2:02-cv-03149-TCP Document 59 Filed 09/12/2005 Page 2 of 5

\VHEREAS, the EEOC alleges, inter a1i~. that Hair Salon & Spa i~ the $l.J('cessor entit~' of ,
defendant Papillo!'l Salons & Co.,

vn-IEREAS, iii Article 1.6 of the Asset ~urchase Agreement Salons & Co. represented

that "To the best ofthre knowledge of the Sell':r '[Sal OIlS & Co.] there are no actions, suit;,
1
pl(.1Ce~dings or investigations of any nature wha~soever, pending or threatened against or

affeding the Seiler."
1
i
WHEREAS. f\r..icle 4.1 of the Asset Purphsse Agreement provided that Salons & Co.,
,
Mary Tolnai and Jeffrey Trichon, personally as ~venantors. agreed to indetnrufY fu""}d. hold

b:~rml~::;1:i Hair Sator! & Spa from claims ansmg from a breach of any representa~ions an
!
warranties contained in the Asset PUlr.:;lJa!i~ Agrubmem, includl.ng reasonable attorney' s t~cs.
!
WHERFAS, Hair Salon & Spa has conun~t'1ced thl::, third part; Cletion 4~aill:5t Mar),
I
, ,
its Tolnai and Jeffrey Trichon a11e~ a breach of repl'e~el1tsti()n~ :.llider the A~set P~b.ase

"
Agreement, seeking in.demnification, and r~imbUfse.ment of reasonable attorr.ey's fees incurred in

I

defense of this action,

I

1

1

"WHEREAS, Hair Salon & Spa has ir.curied reasonable attorney's tees in the a.rn01.mt of

-

I

I

$38.910.87~ to date, in defending the tfi~tant action,

I
WHEREAS, the EEOC herein has agreed tv dismis~ this action against all defendants,

with prejudice, withom payment or costs, up0n the execution of, and compliance with. the I
settlement agr~ement executed by all parties in c()r;nection "vith a action cO!IL.'!lenced by Ad1~enne
!
Spellman in the Supreme Court of the State ofN~w York. County of Nassau under Index No.
I !
26133/03 (th; :'State Activit'"),

\V1-!EREAS, an EX'I.try of Default has bee~ ~ntered c,ga.inst Mary Toh,ui lu the tJ.Utd-party

action herein for faiJuiI: to answer or otherwise rqave:.

2
i

Monday, September 12, 2005.max

Case 2:02-cv-0213215641953-5T1C3 P

C/RlL I S~AIJ~; S Z ~ ZhCF:
Document 59 Filed 09/12/2005

Page 3 of 5

WHEREAS. Hair Salon & Spa and Marj T:)'nal wish to fully and finally resolve the-

claims of Hair Salon & Spa made in this Third·Part), Complaint,

IT IS HEREBY STIPULATED, CONSE!\'TED, AGREED A~~D ORDERED, by and

between the Hair Salon & Spa., Mary Tolnai and tl-teir respective lttOnlcys, that the third-party

action is hereby seWed upon the folloV'tlng terms and conditions:

1. Mary Toinai. hereby acknOWledges service of the Third-Party Summons and

Complaint in this action and submits herself to the jurisdiction of this Court.

2.

this Court hasjurisd,iction over Mary Tolnai and the subject matter of this action.

3.

ltl l:uIl.sid~ration of the settlement made herein, Mary' Tolnai agr~e3 pay to Hair

Salon & Spa, the :;um. of Tell Thou!Sand and 00/100 ($10)1)00.00) dollars, said sum being a

nego-.:iated figure ~.nd ;:I.ccepted by Hair Salon &. Spa as full sett!(.."1t1cnt "fits claim 50 lotl~ a~

same is paid in compliance with the tenns hereof.

4. The $10,000.00 shall be paid as foUo\\'S: $2,000.00 shall be paid simultaneously

\-\lith the executIon hereof, by cer.ified check or bank check made payable to "Hart & Hart tLP

as Attorneys';. The balance shall be paid in eight (8) consecutive me.nthly pa",r'me!ltg each in the

amount of 1,000.00 beginning on August 15, 2005 and continuing on the 15th day of every

month thereafttrr. The payments shall made payable to '·Hart & Hart LLP as Attorneys" in the

fonn of eight (8) post-dnted checks, delivered simult.meousij lNith the execution hereof and

dra\Vn on the truSt account maintained by Jane Letwin, Esq., an aitorney duly admitted to practice

law in the State of Florida

5. Ifany check delivered in furtherance of this senlement sh.all fail for collection. Hair Salon & Spa may enter jUdgment against Mary Toinai, for' t..ie sum o:f$38,910.87, plus allow'ed interest and court costs. upon an ex. parte affid.wit to the Court st..:.:ting the 1~ct of th~

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clcf~u1t. and the rullOWlt du(;, giving Mary Tolnai crt'dit for any payments which may have been
made to that date. 6. In addition to the foregoing, in the event tbat the EEOC shall take any actions
against Hair Salon & Spa as a result of .Mary Tolnaj's default under the terms of the settlement in
the State Actioll, resulting in further costs, expenses and attorney's fees being incurred by Hair
Salem &: ~p::l, then Hair Salon &. Sps may (Q) enter judgment against Mal), Tolnai, tor t.'1e SUJ.-n of $38,910.87. plus ailowed interest and court costs, upon a."1. ex parte affidavit to the CoW't !';tatine the fact of the def3.u1t~ and the amount due, giving Mary Tolnai credit for any payments whici1
may have been made to that date and (b) reserves its right to pursue a claim againS1: :Mary Tolnai for 3\1~h furth~r (:o:s~, expeus.;;:s lj,IlU attorney's fees.

7.

Except as provided to the contrary elsewhere, all costs and attorney's fees

inCUITed in this action shall be borne by their respective parties.

8.

This Court retains jurisdiction of this matter as n.,zc:ess~ to resolve disPIJ~es, if

l10Y, arillillg between the PaJ-tioes insofar i;tS it rt=lates to compliance Wi!.i., and fnfort.ement of, the

terms of this Stipulation and Order.

9.

The parties; obligation to comply with the terms hereof, and the times. fr;lni~:<; ,,~!!'

forth herein shall, TL'-1E BEING OF THE ESSENCE, begin at the time of the execution of this

Stipulation and Order by counsel for the parties regardless ofthe date that same is Ordered by

tl1is Court. 10.

Eith:!r party shall be entitled to its expenses, and any and all reasonable attorney's

fees incurred, in enforcing the tenns of the Stipulation and Or.der. SO ORDERED, this ________ day of _ _ _ _ _ _, 2005.

HON. THOMAS C. PLATT Unite::!. State~ Di:strlct Judge
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Case 2:02-cv-20132;1514593-5T13CP Document 59 Filed 09/12/2005 Page 5 of 5
DAGREEDTO:
.y C. Ruderman (JR-7912)
torneys for Defendant, Third-Party Plaintiff Papillon hair Salon & Spa., Tnc.
420 Lexin.gton Avenue, Suite 2020 New York, ~ew York 10170 (212) 661-6800
:ffi L~;~~:;;r:TN
Jan~~1 Esq. (JL-7orCo) (last 4 digits of ss#)
Attorney for Third Party Dcfc~nt Mary Tolnal 10540 La Placida Drive Nortt
MARYTOL
Dated.; ._ _ _ _ _ _ _ __
5
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
------.------------------------------------------------------x
EQUAL EMPLOYMENT OPPORTI JNTTY COMMISSION,

-against-

Plaintiff,

CV-02 3149 (TCP) (ARL)

PAPILLON SALONS & CO,., INC. a/k/a
PAPILLON HAIR SALON & SPA, INC.,
DIkIa PAPu..,LON SPAS, JNC. a/kJa
PAPILLON HA1R SALON & SPA II, INC.,

Defendants.
--------------------------------------------------------------'l(
PAPILLON HAIR SALON & SPA~ INC., Third-Party Plaintiff,

STIPULATION AND ORDER SETTLING ACTION AS TO THIRD-PARTY DEFENDANT JEFFREY TRICHON

-against-

MARY TOLNAI awl JEFFREY TRICHON

Third-Party Defendants.
------------------------------- ------------------------------x

WHEREAS, plaintiff, Equal Employment Opportunity Commission ("EEOC"), on behalf

of Adrienne Spellman, has commen.ced an action against defendant Papi110n Salons & Co., Inc.

("Salons & Co.); seeking damages arising from an alleged unlawful termination, in November

2000, on the: basis of age,

WHEREAS, Papillon Hail Salun & Spa, Inc. CHair Salon & Spa") had purchased the

assets of Salons & Co. on or about August 28, 2002 pursuant to an Asset Purchase Agreement

(the "Asset Purchase Agreement").

WHEREAS, Hair Salon & Spa, at the time of the purchase of the assets, was unaware of

the instant claim. by the EEOC or Adrienne Spellman,

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WHEREAS, the EEOC aIJeges, inter alia, that Hair Salon & Spa is the successor entity of defendant Papillon, Salons & Co.,
WHEREAS, in Article 1.6 ofthe Asset Purchase Agreement Salons & Co. represented
that liTo the best of the knowledge of the Seller [Salons & Co.) there are no actions, suits,
proceedings or investigations of any nature whatsoever, pending or threatened against or affectmg the Seller."
"WHEREAS, Article 4.1 of the A:s::;r;:L Purchase Agreement provided that Salons & Co., Ma.ry T'oln.~i and Jeffrey Trichon, personally as covemUltoTS, agreed to luden1llify and holll harmJess Hair Salon & Spa from claims arising fi-om ~ hre<lch of any representations an warranties contained in the Asset Purchase Agreement, including reasonable attomey's feeH.
WHEREAS, Hair Salon & Spa has commenced this third-party action against Mary
Tolnai and Jeffrey Trichon alleging a breach ofits representations under the Asset Purchase
Agreement, seeking indemnification, and reimbursement of reasonable attorney'S fees incurred ill defense of this action,
WHEREAS, Hair Salon & Spa has incurred reasonable attomey's fees in the amount of
$38,91.0.87, to date, in defending the instant action, WHEREAS, the EEOC herein has agreed to dismiss this action against all defendantsl
with prejudice, without payment or costs, upon the execution of, and compliance with, the settlelnent agre¢lll(:;lll t7xr;:~Lllr;:u. by all parlie~ in cOIlllection with a action commenced by Adrienne Spellman in. the Supreme Court ofthe State of New York, County of Nassau under Index No. 26133/03 (the "State Action"),
WHEREAS, Hair Salon & Spa and .TeffTey Tricbon wish to fully and finally resolve the claims of Hair Salon & Spa made in this Third-Party Complaint,
2
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IT IS HEREBY STIPULATED, CONSENTEDt AGREED AND ORDERED, by and between the Hair Salon & Spa, Jeffrey Trichon and their respective attom.eys; that the third-party

action is hereby settled upon. the following tenns and conditions:

1. Jeffrey Tricholl, hereby acknowledges service of the Third-Party Summons and

Compla,int in tllis action. and submits himself to the jurisdiction of this Court.

2. Thi:s Court has jurisdiction over Jeffrey 'l'richon and the subject matter of this

a.ction.

3.

Tn ('.onsideration of the settlement made herein, Jeffrcy TrichOl1 agn:;e;s pay tu Hair

Salon & Spa, the sum of Five Thousand and 00/100 ($5,000.00) dollars, said sum being a

negotiated figure and accepted by Hair Salon. & Spa as full settlement of its claim so long aR

same is paid in compliance with the tenns hereof.

4. The $5,000.00 shaH be paid as follows: $2,000.00 shall be paid simultaneously
with the execution hereof, by certified check or bank check, made payable to "Hart & Hart LLP

as Attorneys". The balan,ce shall be paid in two (2) consecutive monthly payments each in the

amount of $1,500.00~ the first payment to be made on September 15,2005 and the second

payment to be made on October 15,2005. The payments shall made payable to "Hart & Hart

LLP as Attorneys" in the form, of two (2) post-dated checks, delivered simultaneously with the

execution hereof and drawn on the account of ,Jeffrey Trichon. Notice of the deposit of the post-

dated checks shall be sent to tht; following alllln:ss: 12., ndt>.JT 5-'-. /7=Ru£l>i.A- lUi"

5. If any check delivered in furtherance of this settlement shall fail for coUection, Jeffrcy Trichon shall be provided with a fi vc (5) day prior notice to cure the default within said five (5) days. Notice of default shall be made by facsimile and email notice to Jeffrey Trichon's attorney, Eric B. Euba111(s, Esq., of Perry & Campanelli; LLP at (516) 746-2611 and EBE@PERRYCAMP.COM, respectively. In the event that the defa.ult is not cured with said five (5) uay period Hair Salon & Spa may enter judgment against Jeffrey Trici1on. tor the sum of
3

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PAGE 05/06
Page 4 of 5

$38,910.87, plus allowed interest and court costs, upon an ex parte affidavit 1'0 the Court statin.g
the fact of the default and failure to cure, and the amount due, giving Jeffrey Trichon. credit for
any payments which may have been made to that date. 6. In addition to the foregoing, in the event that the EEOC shall tak.e any actions
aga.in~1' Hair Salon & Spa as a result ofJeffrey Trichon's default Wlder the tenus of the st;lLleruent in Lhe State Action, resulting in further costs, expenses and attorney's fees being incurred by Hair
Salon & Spa, then Hair Salon & Spa may (a.) enter judgment against Jeffrey Trichon, for the sum of$38,910.87, plus allowed interest and court costs, upon an ex parte affidavit to the Court
stating the fact ofih~ uc;:faull, and the amoun.t due, giving Jeffrey Tricl1.on credit for any payments
which may have been made to that date and (b) reserves its right to pur,o::.Uf'\ ~ c.1aim against Jeffrey
Trichon, for such further costs, expenses and attomey's fees.

7.

Except as provided to the contrary elsewhp.fp..:ln costs and attorney's fees

incurred in this action shall be borne by their respective parties.

8.

This Court retains jurisdiction of this matter as necessary to resolve djsputes~ if

any, arising between the parties insofar as it relate~s to complia..'1ce '"'lith, and enforcement of, the

tenn.s of this Stipulation and Order.

9. The parties' obligation. to comply with the tenns hereof, and the timesfrallJ.es set

forth herein shall, TIME BEING OF THE ESSENCE, begin at the time ofthe execution oftbis

Stipulation and Order by counsel for the parties regardless of the date that same is Ordered by

this Court.

10. Either party shall be entitled to its expenses, and any and all reasonable attorney's

fees incurred, in enforcing the tenns ofthe Stipulation and Order.

SO ORDERED, this _ day ofAugust, 2005.

HON. THOMAS C. PLATT United States District Judge
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PAGE 06/06
Page 5 of 5

CONSENTED AND AGREED TO:

e C. Rudennan (JR-781 _ ttorneys for Defendant, Third-Party Plaintiff Papi1Ion hair Salon. & Spa, I11C. 420 Lexington Avenue, Sui.te 2020 New York, New York 10170 (212) 661-6800

PERRY & CAMPANELLI, LLP

~ By
Eric

B.

Eub~PA .,~Esq.

(EB-

6/
A~ ) '11 P.._~ 'p._--....\ -J". C.".'.~,-."~'l\Jfie.-(,-r

Attorney for Third-Party Defendant Jetfiey Trichon

320 Old Country Road~ Suite 207

Garden City, New York 11530

(516) 746-1600

Dated:

5
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U.S. District Court Eastern District of New York (Central Islip) CIVIL DOCKET FOR CASE #: 2:02-cv-03149-TCP

CLOSED

Equal Employment Opportunity Commission v. Papillon Salons & Co., Inc. Assigned to: Senior-Judge Thomas C. Platt Cause: 29:621 Job Discrimination (Age)

Date Filed: 05/29/2002 Date Terminated: 09/13/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Elizabeth Anne Grossman Equal Employment Opportunity Commission New York District Office 33 Whitehall Street, 5th Floor New York, NY 10004 212-336-3696 Fax: 212-336-3623 Email: elizabeth.grossman@eeoc.gov LEAD ATTORNEY

Katherine E. Bissell New York District Office 201 Varick Street, Room 1009 New York, NY 10014 917-952-5731 TERMINATED: 04/14/2005 LEAD ATTORNEY

Michele J. Le Moal-Gray U.S. Equal Employment Opportunity Comm. 33 Whitehall Street 5th Floor New York, NY 10004 212-336-3700 Fax: 212-336-3623 Email: michele.lemoal-gray@eeoc.gov TERMINATED: 04/14/2005 LEAD ATTORNEY

Michael B. Ranis Equal Employment Opportunity Commission New York District Office 33 Whitehall St

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V. Defendant Papillon Salons & Co., Inc. also known as Papillon Hair Salon & Spa, Inc. also known as Papillon Spas, Inc. also known as Papillon Hair Salon & Spa, II, Inc. Defendant Papillon Hair Salon & Spa, Inc.
ThirdParty Plaintiff Papillon Hair Salon & Spa, Inc.
V. ThirdParty Defendant

5th Floor New York, NY 10004 (212) 336-3701 Email: michael.ranis@eeoc.gov ATTORNEY TO BE NOTICED
represented by Avely Hart Hart & Hart, LLP. 420 Lexington Avenue Suite 2001 New York, NY 10170 212-573-6300 Fax: (212) 573-6171 Email: ahartlaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Avely Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey C. Ruderman Cyruli Shanks & Zizmor LLP 420 Lexington Avenue Suite 2020 New York, NY 10170 212-661-6800 Fax: 212-661-5350 Email: jruderman@cszlaw.com ATTORNEY TO BE NOTICED

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Mary Tolnai TERMINATED: 09/13/2005
ThirdParty Defendant Jeffrey Trichon TERMINATED: 09/13/2005

represented by Andrew J. Campanelli Perry & Campanelli, LLP 320 Old Country Road Suite 207 Garden City, NY 11530 516-746-1600 Fax: 516-746-2611 Email: mrc@perrycamp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mona R. Conway Perry & Campanelli, LLP 320 Old Country Road, Suite 207 Garden City, NY 11530 516-746-1600 Fax: 516-746-2611 Email: MRC@perrycamp.com TERMINATED: 04/14/2005 LEAD ATTORNEY

Date Filed 05/29/2002 10/11/2002 11/20/2002 11/22/2002 12/17/2002

#

Docket Text

1 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)
5 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)
2 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)
3 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)
4 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)

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12/20/2002 12/20/2002 12/26/2002 12/26/2002 02/27/2003 05/19/2003
05/19/2003 05/19/2003 05/19/2003 05/19/2003
05/19/2003

7 MOTION for Default Judgment as to dft Papillon Salons & Co. Inc. Filed by Equal Employment Opportunity Commission. (Lopez, Adriana) (Entered: 01/13/2003)
8 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)
6 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)
9 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)
10 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)
11 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)
13 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)
14 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)
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)
16 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)
17 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)

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05/27/2003 06/23/2003 06/23/2003 07/07/2003 07/14/2003 08/25/2003 09/02/2003 09/18/2003 09/22/2003 10/17/2003 10/17/2003

12 Letter dated 5/22/03 from Michele Le Moal-Gray to USMJ Lindsay re: The EEOC respectfully requests that this case not be dismissed for failure to prosecute and looks forward to the hearing of its motion by the court. (Lopez, Adriana) (Entered: 06/02/2003)
18 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)
19 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)
20 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)
21 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)
22 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)
23 ANSWER to Complaint by Papillon Hair Salons & Spa, Inc.(Lopez, Adriana) Modified on 4/14/2005 (Mahon, Cinthia). (Entered: 09/11/2003)
24 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)
25 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)
26 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)
27 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)

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02/20/2004
04/20/2004 04/20/2004 04/20/2004 06/08/2004 06/08/2004 06/08/2004 06/08/2004 06/08/2004 06/16/2004
07/08/2004

28 Minute Entry for proceedings held before Arlene R. Lindsay : Status Conference held on 2/20/2004 @2:00 via telephone Michele LeMoal for Plf Gray; Russell Shanks for dft. The parties have completed the limited discovery as permitted by the Court's 10/17/03 order. The dft represents that it plans to move to dismiss the action. Accordingly, discovery is stayed pending the resolution of the motion to dismiss. Dft shall serve its motion within 30 days otherwise the Court will accept an application from plf to lift the stay. So Ordered. (Barhome, Sydelle) (Entered: 03/05/2004)
29 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)
30 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)
31 MOTION to Dismiss the complaint. Filed by Papillon Salons & Co., Inc.. (Lopez, Adriana) (Entered: 06/24/2004)
32 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)
33 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)
34 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)
35 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)
36 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)
37 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)

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07/13/2004 08/02/2004 08/02/2004
11/15/2004
11/18/2004 12/10/2004 01/26/2005 01/26/2005 03/09/2005
03/16/2005 03/18/2005 04/07/2005 04/08/2005

38 ORDER: A telephone Status Conference is set for 8/2/2004 11:30 AM before Magistrate-Judge Arlene R. Lindsay.. Signed by Judge Arlene R. Lindsay on 7/13/04. cf(Lopez, Adriana) (Entered: 07/22/2004)
39 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)
40 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)
41 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)
42 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)
43 THIRD PARTY COMPLAINT against Mary Tolnai, Jeffrey Trichon, filed by Papillon Salons & Co., Inc..(Lopez, Adriana) (Entered: 12/13/2004)
44 NOTICE of Appearance by Mona R. Conway on behalf of Jeffrey Trichon (Conway, Mona) (Entered: 01/26/2005)
45 Letter from Mona Conway to Judge Thomas C. Platt Regarding Pre-answer Motion to Dismiss. (Conway, Mona) (Entered: 01/26/2005)
48 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)
46 Letter from Nora E. Curtin to Magistrate Lindsay Regarding Request for Extension of Time for Discovery. (Roberts, Monique) (Entered: 03/16/2005)
47 See attached ORDER returning 46. Signed by Judge Arlene R. Lindsay on 3/18/05. (c/ecf)(Goodstein, Alyce) (Entered: 03/18/2005)
49 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)

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04/08/2005 04/11/2005 04/11/2005 04/11/2005 04/13/2005 04/14/2005 06/08/2005 06/17/2005 06/20/2005 06/20/2005
07/07/2005 09/06/2005 09/06/2005
09/06/2005 09/12/2005

50 Letter from Perry & Campanelli to Magistrate Lindsay Regarding Motion to Dismiss. (Campanelli, Andrew) (Entered: 04/08/2005)
51 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)
52 Letter from Jeffrey C. Ruderman to Hon. Thomas C. Platt Regarding 3rd party request to file late answer.. (Ruderman, Jeffrey) (Entered: 04/11/2005)
53 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)
54 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)
55 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)
56 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)
57 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)
58 STIPULATION for Consent Decree settling primary action with EEOC by Papillon Hair Salon & Spa, Inc.. (Ruderman, Jeffrey) (Entered: 09/12/2005)

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09/12/2005 09/12/2005 09/13/2005 09/13/2005 09/13/2005

59 STIPULATION of Settlement with 3rd party def. Tolnai by Papillon Hair Salon & Spa, Inc.. (Ruderman, Jeffrey) (Entered: 09/12/2005)
60 STIPULATION of Settlement with 3rd party def. Trichon by Papillon Hair Salon & Spa, Inc.. (Ruderman, Jeffrey) (Entered: 09/12/2005)
61 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)
62 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)
63 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)

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