This case was last updated from U.S. District Courts on 03/17/2023 at 09:04:25 (UTC).

Kabasele v. Ulta Salon, Cosmetics & Fragrance, Inc.

Case Summary

On September 10, 2021, Dorcas-Cothy Kabasele (“Plaintiff”), represented by William J. Gorham III, Vladimir Joseph Kozina, Shawn Sasooness, Robert Wassermann, Robert Joshua Wasserman, and Nicholas John Scardigli of Mayall Hurley, PC, filed a labor lawsuit against Ulta Salon, Cosmetics & Fragrance, Inc. (“Defendant”), seeking injunctive relief and damages for alleged failure to pay overtime in violation of California Labor Code. This case was filed in the U.S. District Court for the Eastern District of California, with Judges William B. Shubb and Carolyn K. Delaney presiding. 

In the complaint, the plaintiff claimed, “ULTA is one of largest beauty retailers in the United States. Besides selling beauty products, ULTA stores also offer a full-service salon.”

Plaintiff claimed that “Ms. Kabasele worked for ULTA from around June 2019 through March 2021 in San Ramon, California.”

The plaintiff then alleged, “Throughout her employment, Ms. Kabasele was an hourly, non-exempt employee. As such, Ms. Kabasele was eligible for and at times worked overtime.”

Plaintiff further alleged that “Ms. Kabasele and ULTA’s other non-exempt employees were eligible for and at times received non-discretionary bonuses, commissions, and other items of compensation.”

Plaintiff alleged, “ULTA failed to properly calculate and pay the overtime wages owed to Ms. Kabasele and its other non-exempt employees. Specifically, ULTA failed to include commissions, non-discretionary bonuses and other items of compensation when determining the regular rate of pay of Ms. Kabasele and its other non-exempt employees for purposes of overtime.”

The plaintiff also alleged, “ULTA was, at all times relevant herein, aware of the requirement to factor these non-discretionary bonuses, commissions, and other items of compensation into its non-exempt employees’ regular rate of pay for purposes of overtime rates.”

Additionally, the plaintiff alleged, “ULTA required Ms. Kabasele and its other non-exempt California employees to work through meal and rest breaks due to understaffing and work demands.”

The plaintiff then alleged, “Further, ULTA frequently failed to relieve Ms. Kabasele and its other non-exempt California of employer control during their meal and rest breaks.”

The plaintiff also alleged that “Ms. Kabasele and ULTA’s other non-exempt California Employees, both current and former, have suffered injury as a result of ULTA’s knowing and intentional failure to furnish wage statements accurately showing the gross wages earned by them in violation of California Labor Code section 226(a)(1).”

Plaintiff alleged, “Because ULTA fails to pay its non-exempt California employees overtime and sick pay at the correct rate of pay, and because they are not provided compliant meal and rest breaks, or the premiums associated with missing the same, they are not timely paid all wages due and owing to them during each pay period and at the end of their employment.”

Plaintiff presented seven claims for relief, including claims for alleged failure to pay overtime, failure to pay sick pay, failure to provide meal breaks, failure to provide rest breaks, failure to furnish accurate itemized wage statements, and unfair business practices. 

In the prayer for relief, the plaintiff requested a judgment for injunctive and declaratory relief as well as an award of actual, compensatory, special, and general damages with pre- and post-judgment interest. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01639

  • Filing Date:

    09/10/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Labor Standard

Judge Details

Presiding Judge

William B. Shubb

Referral Judge

Carolyn K. Delaney

 

Party Details

Plaintiff

Dorcas-Cothy Kabasele

Defendant

Ulta Salon, Cosmetics & Fragrance, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Nicholas John Scardigli

Attorney at Mayall Hurley, PC

2453 Grand Canal Blvd.

Stockton, CA 95207

Robert Wassermann

Attorney at Mayall Hurley, PC

2453 Grand Canal Blvd.

Stockton, CA 95207

Shawn Sasooness

Attorney at Sasooness Law Group, APC

21781 Ventura Blvd. #244, Suite 244

Woodland Hills, CA 91364

Vladimir Joseph Kozina

Attorney at Mayall Hurley P.C.

2453 Grand Canal Blvd.

Stockton, CA 95207

William J. Gorham, III

Attorney at Mayall Hurley, PC

2453 Grand Canal Blvd.

Stockton, CA 95207

Defendant Attorneys

Jon D. Meer

Attorney at Seyfarth Shaw LLP

601 S. Figueroa Street, Suite 3300

Los Angeles, CA 90017

Leo Q. Li

Attorney at Seyfarth Shaw

2029 Century Park E, Suite 3500

Los Angeles, CA 90067

Justin Jackson

Attorney at Seyfarth Shaw LLP

2029 Century Park East, Ste 3500

Los Angeles, CA 90067

Sofya Perelshteyn

Attorney at Seyfarth Shaw LLP

2029 Century Park East, Ste 3500

Los Angeles, CA 90067

 

Court Documents

#40

(#40) ORDER signed by Senior Judge William B. Shubb on 3/14/2023 re #34 Plaintiff's Motion for Preliminary Approval of Class Action Settlement #34 : Counsel on both sides shall simultaneously submit supplemental briefing addressing the concerns (outlined in this order) on or before 4/7/2023. A further hearing will be held on 4/17/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (See order for further details.) (Kirksey Smith, K) (Entered: 03/14/2023)

38 #1

Proposed Order

#38

(#38) STIPULATION and PROPOSED ORDER to MODIFY the Class Action Settlement Agreement by Dorcas-Cothy Kabasele. (Attachments: #1 Proposed Order)(Sasooness, Shawn) Modified on 3/6/2023 (Rodriguez, E). (Entered: 03/03/2023)

37 #1

Exhibit A

34 #4

Proposed Order

34 #3

Declaration of Shawn Sasoones

34 #2

Declaration of Robert J. Wassermann

34 #1

Notice

#34

(#34) MOTION for Preliminary Approval of Class Action Settlement by Dorcas-Cothy Kabasele. Attorney Sasooness, Shawn added. Motion Hearing set for 3/6/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Notice, #2 Declaration of Robert J. Wassermann, #3 Declaration of Shawn Sasooness, #4 Proposed Order)(Sasooness, Shawn) Modified on 2/1/2023 (Reader, L). (Entered: 01/20/2023)

#6

(#6) SUMMONS RETURNED EXECUTED: Ulta Salon, Cosmetics & Fragrance, Inc. served on 10/4/2021, answer due 10/25/2021. (Scardigli, Nicholas) (Entered: 10/05/2021)

#5

(#5) FIRST AMENDED COMPLAINT against Ulta Salon, Cosmetics & Fragrance, Inc. by Dorcas-Cothy Kabasele.(Scardigli, Nicholas) (Entered: 09/29/2021)

#4

(#4) SUMMONS RETURNED EXECUTED: Ulta Salon, Cosmetics & Fragrance, Inc. served on 9/14/2021, answer due 10/5/2021. (Scardigli, Nicholas) (Entered: 09/15/2021)

3 #2

VDRP

3 #1

Consent Form

3 #3

Main Document

#2

1 #1

Civil Cover Sheet

1 #1

Main Document

41 More Documents Available
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Docket Entries

  • 03/14/2023
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  • Docket(#40) ORDER signed by Senior Judge William B. Shubb on 3/14/2023 re #34 Plaintiff's Motion for Preliminary Approval of Class Action Settlement #34 : Counsel on both sides shall simultaneously submit supplemental briefing addressing the concerns (outlined in this order) on or before 4/7/2023. A further hearing will be held on 4/17/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (See order for further details.) (Kirksey Smith, K) (Entered: 03/14/2023)

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  • 03/06/2023
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  • Docket(#39) MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: MOTION HEARING held on 3/6/2023 re Plaintiff's Motion for Preliminary Approval of Class Action Settlement #34 . Court confers with counsel re the pending motion. Plaintiff's counsel informs the Court that there is a numerical error in the pleadings. Court to review the pleadings applying the stated corrections, as noted on the record, and will notify counsel if the matter is submitted or if a further hearing is necessary. Court to issue a separate order. Plaintiff's Counsel Robert Wassermann present. Defendant's Counsel Leo Li present. Court Reporter: Jennifer Coulthard. (Kirksey Smith, K) (Entered: 03/06/2023)

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  • 03/03/2023
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  • Docket(#38) STIPULATION and PROPOSED ORDER to MODIFY the Class Action Settlement Agreement by Dorcas-Cothy Kabasele. (Attachments: #1 Proposed Order)(Sasooness, Shawn) Modified on 3/6/2023 (Rodriguez, E). (Entered: 03/03/2023)

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  • 02/06/2023
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  • Docket(#37) NOTICE of Compliance with 28 USC Section 1715(b) by Ulta Salon, Cosmetics & Fragrance, Inc. re #34 Motion for Preliminary Approval. (Attachments: #1 Exhibit A)(Perelshteyn, Sofya) Modified on 2/9/2023 (Reader, L). (Entered: 02/06/2023)

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  • 02/06/2023
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  • Docket(#36) NOTICE of Non-Opposition to #34 Motion for Preliminary Approval of Class Action Settlement by Ulta Salon, Cosmetics & Fragrance, Inc. (Perelshteyn, Sofya) Modified on 2/9/2023 (Reader, L). (Entered: 02/06/2023)

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  • 01/23/2023
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  • Docket(#35) MINUTE ORDER (TEXT ONLY): The Court, having receiving the filing of Plaintiff's Motion for Preliminary Approval of Class Action Settlement #34 filed 1/20/2023, hereby vacates the 1/30/2023 status conference. (Kirksey Smith, K) (Entered: 01/23/2023)

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  • 01/20/2023
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  • Docket(#34) MOTION for Preliminary Approval of Class Action Settlement by Dorcas-Cothy Kabasele. Attorney Sasooness, Shawn added. Motion Hearing set for 3/6/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Notice, #2 Declaration of Robert J. Wassermann, #3 Declaration of Shawn Sasooness, #4 Proposed Order)(Sasooness, Shawn) Modified on 2/1/2023 (Reader, L). (Entered: 01/20/2023)

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  • 01/06/2023
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  • Docket(#33) ORDER signed by Senior Judge William B. Shubb on 1/5/2023 EXTENDING by 15 days to 1/20/2023, for Plaintiff to file a Motion for Preliminary Approval of Settlement, or the parties shall file a further Joint Status Report. Scheduling Conference Reset for 1/30/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Reader, L) (Entered: 01/06/2023)

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  • 01/05/2023
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  • Docket(#32) PROPOSED ORDER re #31 Status Report by Ulta Salon, Cosmetics & Fragrance, Inc. (Perelshteyn, Sofya) Modified on 1/19/2023 (Benson, A.). (Entered: 01/05/2023)

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  • 01/05/2023
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  • Docket(#31) FURTHER JOINT STATUS REPORT by Ulta Salon, Cosmetics & Fragrance, Inc. (Perelshteyn, Sofya) Modified on 1/6/2023 (Mena-Sanchez, L). (Entered: 01/05/2023)

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20 More Docket Entries
  • 10/13/2021
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  • Docket(#10) CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Li, Leo) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#9) CORPORATE DISCLOSURE STATEMENT by Defendant Ulta Salon, Cosmetics & Fragrance, Inc. (Li, Leo) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#8) NOTICE of RELATED CASE 3:21-cv-07458-TSH by Ulta Salon, Cosmetics & Fragrance, Inc. (Li, Leo) Modified on 10/14/2021 (Huang, H). (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#7) MOTION to DISMISS by Ulta Salon, Cosmetics & Fragrance, Inc. Attorney Li, Leo Q. added. Motion Hearing set for 11/29/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order)(Li, Leo) Modified on 10/14/2021 (Huang, H). (Entered: 10/13/2021)

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  • 10/05/2021
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  • Docket(#6) SUMMONS RETURNED EXECUTED: Ulta Salon, Cosmetics & Fragrance, Inc. served on 10/4/2021, answer due 10/25/2021. (Scardigli, Nicholas) (Entered: 10/05/2021)

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  • 09/29/2021
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  • Docket(#5) FIRST AMENDED COMPLAINT against Ulta Salon, Cosmetics & Fragrance, Inc. by Dorcas-Cothy Kabasele.(Scardigli, Nicholas) (Entered: 09/29/2021)

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  • 09/15/2021
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  • Docket(#4) SUMMONS RETURNED EXECUTED: Ulta Salon, Cosmetics & Fragrance, Inc. served on 9/14/2021, answer due 10/5/2021. (Scardigli, Nicholas) (Entered: 09/15/2021)

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  • 09/13/2021
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  • Docket(#3) CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/3/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Rodriguez, E) (Entered: 09/13/2021)

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  • 09/13/2021
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  • Docket(#2) SUMMONS ISSUED as to *Ulta Salon, Cosmetics & Fragrance, Inc.* with answer to complaint due within *21* days. Attorney *Nicholas John Scardigli* *Mayall Hurley, PC* *2453 Grand Canal Blvd.* *Stockton, CA 95207*. (Rodriguez, E) (Entered: 09/13/2021)

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  • 09/10/2021
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  • Docket(#1) COMPLAINT against Ulta Salon, Cosmetics & Fragrance, Inc. by Dorcas-Cothy Kabasele. (Filing fee $ 402, receipt number ACAEDC-9812774) (Attachments: #1 Civil Cover Sheet)(Scardigli, Nicholas) (Entered: 09/10/2021)

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