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    Alexander McQueen Lawsuit

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    The Hollywood Reporter
    Alexander McQueen Lawsuit

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    Alexander McQueen Lawsuit

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    The Hollywood Reporter
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    Alexander McQueen Lawsuit

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    Alexander McQueen Lawsuit

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
    4K views17 pages

    Alexander McQueen Lawsuit

    Uploaded by

    The Hollywood Reporter
    Alexander McQueen Lawsuit

    Copyright:

    © All Rights Reserved
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    SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX CHRISTOPHER POLICARD and DUANE DAVIS, Index No: 6343 /- KE Plaintiff, ‘SUMMONS. Venue is based on KERING AMERICAS, INC., Plaintiff Duane Davis's place of ALEXANDER MCQUEEN TRADING AMERICA, INC, = residence 4349 Maida Avenue, ALEXANDER MCQUEEN TRADING LTD., + Bronx, NY 10466 CATHERINE FLYNN, GEORGINA COLEMAN, SAMANTHA BOYKIN and SIDRA CASTOR Defendants Tothe above-named Defendants: YOU ARE HEREBY SUMMONED to answer the attached Verified Complaint of Plaintiffs, CHRISTOPHER POLICARD and DUANE DAVIS, dated December 9,2015, a true sand accurt copy of which is served upon you herewith, You mus serve your Vetted Answer ‘upon the undersigned atiomeys either (1) within twenty days afer service ofthis Summons and the atached Verified Complain, exclusive of the day you received i you were served personaly inthe State of New York, or (2) within thy days after sevice, exclusive ofthe day ‘you were recived i if you were not served personally in New York State PLEASE TAKE NOTICE that should you ful to serve your Verified Answer within the time prescribed under applicable law, Plaintiffs, CHRISTOPHER POLICARD and DUANE DAVIS, wil ake judgment against you by default for the relief demanded inthe Verified Complaint pursuant to section 3215 ofthe New York Civil Practice Law and Rules. Date: New York, NY December 9, 2015 Yours, ec EISENBERG & BAUM, LLP By: rie Baum, Esq Attorneys for Plaintiffs 24 Union Square East Fourth Floor ‘New York, NY. 10003 (212) 353-8700 Te KERING AMERICAS, INC. 3 East $7 Street ‘New York, NY 10022 ALEXANDER MCQUEEN TRADING AMERICA, INC 787 Madison Avenue New York, NY 10065 ALEXANDER MCQUEEN TRADING LTD. 747 Madison Avenue New York, NY 10065 CATHERINE FLYNN GEORGINA COLEMAN SAMANTHA BOYKIN SIDRA CASTOR ‘SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX CHRISTOPHER POLICARD and DUANE DAVIS, Index No. 16363 / L015 €. Plait, VERIFIED CompLainr Venue is based on KERING AMERICAS, INC., Plaintiff Duane Davis's place of ALEXANDER MCQUEEN TRADING AMERICA, INC, : residence: 4349 Matilda Avene, ‘ALEXANDER MCQUEEN TRADING LTD, Bronx, NY 10466, CATHERINE FLYNN, GEORGINA COLEMAN, SAMANTHA BOYKIN and SIDRA CASTOR Defendants x Pini CHRISTOPHER POLICARD and DUANE DAVIS, by their attorneys, EISENBERG & BAUM, LLP, as and fr their Vertid Complaint against Defendants, stats as follows: ‘THE PARTIES 1. Plaintiff CHRISTOPHER POLICARD (“POLICARD") is an individual esding Jn Queens County, New York 2. Plaistif DUANE DAVIS (*DAVIS" is an individual residing a 4349 Mattia ‘Avenue in Bronx County, New York 3, Defendant KERING AMERICAS INC. (*KAP) is foreign business corporation organized pursuant to the laws ofthe State of Delaware and maintaining offices and business premises at maintaining business premises a3 East 57 Street, New York, NY 10022, nd duly registered todo business, and doing business actively inthe State of New York. Upon information and belief: was the employer of Pliniffs andor owned, operated and controlled their employers, 4. Defendant ALEXANDER MCQUEEN TRADING AMERICA, INC. (“AMTAI") {foreign business corporation organized pursuant othe laws ofthe State of Delaware and ‘sintaining offices ard business premises at mainsining business premises at 747 Madison ‘Avenue, New York, NY 10065, and duly registered to do busines, and doing busines atively, inthe State of New York, Upon information and belie it was the employer of Plants S. Defendant ALEXANDER MCQUEEN TRADING LTD (“AMTL"), is foreign business corporation cxpanized pursuant tothe laws of the State of Great Bian and duly ‘egistered to do business, and doing busines atively, inthe tate of New You, and maintaining offices and business premises at 747 Madison Avenue, New York, NY 10065. Upon information and belie it was the employer of Plant 6 Defendant CATHERINE FLYNN is an individual upon information and belief employed asa manager or supervisor by AMTAI and/or AMTL and/or KAI ora related business entity and upon infomation and belie resides in the State of New York 7. Defendant GEORGINA COLEMAN isan individual upon infomation and bli ‘employed as a manager or supervisor by AMTAAL and/or AMTL and/or KAL ora related business entity and upon information and belief resides in the State of New York 8 Defendant SAMANTHA BOYKIN is an individual upon infomation and belief ‘employed asa manager or supervisor by AMTAAI andlor AMT. andlor KAL ora celated business catty and upon information and belie resides in the State of New York. 9. _Defendnt SIDRA CASTOR is an individual upon infomation and blir’ ‘employed asa manager or supervisor by AMTAAI and/or AMT andlor KAL ora related business entity and upon information and belief resides in the Stale of New York, JURISDICTION AND VENUE. 10, This Court has personal jurisdiction over the Defendants pursuant to CPLR £8301 and 302, because the Defendants are located in New Yor, resie in New Yor, are licensed oo business in New York and ae transacting busines in New 11, Venues proper pursuant o CP.LR, 503 based on Paints place of residence. BACKGROUND. 12, The Kerin corporation operates world-famous luxury fashion houses suchas ‘Alexander MeQueen, Gucci, Balenciaga and Stella MeCeriney. On the company’s website, it boasts: "Kering empowers its wary and sport & lifestyle brands to reach their potential inthe ‘most imaginative way." Among the company’s high-profile clients is counted Fist Lady Michelle Obama, wife ofthe fst Aftican-Amercan president, Lady Gapa and Naomi Campbell 13, However this highend lunury designer has engaged in systematic racism aginst ering’ Aftican-Amerian employees. Upon information and bei, Kerng exercise tual day-to-day control over the other defendants he including but not limit to supervising, ‘managing and controlling their polices, practices and procedures, including but not limited to policies practices and procedures governing race discrimination, harassment and retaliation, and conducts such business on its premises. This isnot the first time the Defendants were placed on notice of racial discrimination. Upon information and belie, Othman Ibela filed @ complaint with the EEOC in 2013 against the Alexander MeQueen organization, 14, Plaintiff Policard is an Affican American and he began his employment with Defendants at the 747 Madison Avenue location approximately one year ago. He isan inventory supervisor. Since the inception of his employment, he has faithfully carried out the duties of his position to a high standard of excellence. 15. Plaintitr Davis is an African American and he began his employment with Defendants atthe 747 Madison Avenue location approximately two years ago. He is an inventory clerk. Since the inception of his employment, he has faithfully carried out the duties of his position oa high standard of excellence. 16, The company, upon infomation and belie, systematically rejects Afican- ‘Auta job applicants who seek postions onthe sles floor where they canbe seen by ‘ustomers or positions where they might have authority over white employees, relegating the few ‘Aftican-Americans who are hired to menial positions behind the scenes. The only time that POLICARD and DAVIS are seen by customers is when Kering searches them for theft in front ‘of the other employees and customers, wich is done on the floor during business hours, White employees, on the other hand, are sereened for thet after closing and in private 17, Defendants Flynn, Boykin and Coleman are supervisors to whom Plaintiffs slirectly report, They act with the authority of AMTAL, AMTL and KAI. Defendant Castor is @ ‘human resources manager designated to receive and respond to complains of racial discrimination. She acts withthe authority of AMTAI, AMTL and KAI. Defendants Castor Flynn and Coleman are white, and Defendant Boykin is Asian 18. On September 17, 2015, acting on his own behalf and on behalf of Plaintift Davis, Plaintiff Policard made a writen complaint about racial discrimination to Defendant Boykin. He stated that Plaintiffs had consistently experienced discrimination since the inception ‘of their employment based on their race, African-American, and demanded that such ‘mistreatment cease. Although the frst formal complaint, Defendants knew or should have known that Plaintiffs were previously subjected to continuous racial discrimination, 19. When no steps were taken to address the diseriminstory mistreatment and it continued unebated or worsened, Plantif Davis made a second written complaint on November 18, 2015, this time direting it to Defendant Sidra Castro in Defendants’ human resources

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