Case: Newsome v. Philadelphia

2:19-cv-05590 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Nov. 26, 2019

Closed Date: March 2, 2023

Clearinghouse coding complete

Case Summary

This is a case about the Philadelphia Police Department (PPD) failing to provide accommodations for nursing employees. On November 26, 2019, a female PPD employee filed this collective action lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff sued the City of Philadelphia under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., Title VII of the 1964 Civil Rights Act, 42 U.S.C. §§ 2000e et seq., and 42 U.S.C. § 1983. Represented by private counsel, th…

This is a case about the Philadelphia Police Department (PPD) failing to provide accommodations for nursing employees. On November 26, 2019, a female PPD employee filed this collective action lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff sued the City of Philadelphia under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., Title VII of the 1964 Civil Rights Act, 42 U.S.C. §§ 2000e et seq., and 42 U.S.C. § 1983. Represented by private counsel, the plaintiff sought injunctive and declaratory relief, damages, and attorneys' fees. She sought a proposed class of all female police officers who had worked for the Philadelphia Police Department during the preceding three years.

The plaintiff claimed that the PPD had failed to provide nursing female police officers with appropriate accommodations and had engaged in sex and pregnancy discrimination. Specifically, she alleged that the PPD had failed to comply with the Break Time for Nursing Mothers provision of the Fair Labor Standards Act (FLSA) by not providing break times or a private location for expressing breast milk (collecting and storing breast milk for use later). The plaintiff also alleged that the PPD had violated the Equal Protection Clause in creating a hostile work environment where the plaintiff class suffered from disparate treatment as a result of their sex and pregnancy status, and the PPD had violated the plaintiff class's First Amendment right to petition by retaliating against them when they tried to assert their rights.

The case was assigned to Judge Michael M. Baylson. On February 3, 2020, the defendant filed a motion to dismiss for failure to state a claim. The plaintiff filed an amended complaint on February 17, 2020. The changes included explaining more specifically why declaratory and injunctive relief would be appropriate through adding new sections and more citations to case law. The amended complaint also highlighted more explicitly that the plaintiff had to pump at irregular times and in unsanitary bathrooms, or sometimes not at all, as a result of the defendant's actions. More details about the defendant's retaliatory actions were added, including dates that the plaintiff had been forced to work from home without pay. Information about the benefits of breastfeeding infants and statistics regarding breastfeeding mothers in the U.S. was also added to the factual background.

On March 2, 2020, the court denied the initial motion to dismiss as moot, and the defendant filed a new motion to dismiss for failure to state a claim. On March 16, the plaintiff moved to file a supplemental complaint, and the court granted this motion on March 25. Due to the COVID-19 pandemic, the court also granted additional briefing time.

On August 21, 2020, the defendant filed a motion to dismiss for failure to state a claim for the supplemental complaint. On November 12, 2020, the court denied the motion to dismiss for two counts: the violations of FLSA protection and Title VII disparate treatment claims. For the other six counts, the court granted the motion to dismiss. In its opinion, the court explained that the plaintiff did not establish enough of a causal connection between the plaintiff's conduct and the defendant's adverse action for FLSA and Title VII retaliation claims. For the Title VII and § 1983 hostile work environment claims, the plaintiff did not establish "severe or pervasive conduct" or "intentional discrimination." For the § 1983 disparate treatment claim, the plaintiff did not sufficiently allege any policy or custom that caused the disparate treatment. Lastly, for the First Amendment claim regarding the right to petition, the court held that the plaintiff was not speaking as a citizen on a matter of public concern, so the First Amendment did not apply. 500 F.Supp.3d 336.

The plaintiff filed a second amended complaint on December 12, 2020. The amended complaint added Pennsylvania state law to the causes of action. It added four new counts under the Pennsylvania Human Relations Act and the Philadelphia Fair Practices Ordinance; it also removed four of the six counts that the court had dismissed: Title VII hostile work environment, § 1983 hostile work environment, § 1983 disparate treatment, and First Amendment right to petition. For the other two dismissed counts, FLSA and Title VII retaliation, specific acts from the defendant were added to the claims to establish more of a causal connection.

On December 24, 2020, the defendant moved to dismiss the complaint. The court ruled on the motion to dismiss on July 6 of the following year. The court dismissed the retaliation claims because the amended complaint still lacked allegations indicating a causal connection between the plaintiff’s conduct and the adverse action. The court also dismissed the aiding and abetting claims under the Philadelphia Fair Practices Ordinance and Pennsylvania Human Relations Act because the plaintiff failed to allege the City itself had the same discriminatory intent as the employee who allegedly discriminated against the plaintiff. However, the court denied defendants’ motion on the Philadelphia Fair Practices Ordinance discrimination claim, disagreeing with the defendants as to the statutory exhaustion requirements. The remaining counts (the FLSA claim, the Title VII discrimination claim, and the Pennsylvania Human Relations Act discrimination claim) were not part of the motion to dismiss and remained active. 2021 WL 2810289.

The next day, the plaintiff filed a motion for reconsideration. The court denied it later that year, on August 20. First, the court held that the plaintiff’s termination in March 2021 did not change its analysis. Second, the court rejected the plaintiff’s argument that its decision on the causation issue was based on information that had been removed in an amended complaint. 2021 WL 3709509.

Later that year, on December 2, the plaintiff moved to certify a conditional collective action. The following day, the plaintiff requested an entry of default against the defendants. Several days later, on December 7, the court denied the plaintiff’s request for entry of default. While the court did not rule on the motion to certify a collective action, it encouraged settlement between the parties with various conferences over the course of the next few months. Discovery resumed in fall 2022 with various disputes between the parties.

On October 26, 2022, the court granted the plaintiff’s motion and certified a class of “all PPD employees who were nursing mothers reaching back to three years before the filing of Plaintiff's original complaint.” 2022 WL 15525753.

The parties settled the case on March 2, 2023, and it was dismissed with prejudice. The settlement is private and its terms are unknown to the Clearinghouse.

This case is now closed.

Summary Authors

Lauren Yu (3/6/2021)

Venesa Haska (11/26/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16529816/parties/newsome-v-city-of-philadelphia/


Judge(s)

Baylson, Michael M. (Pennsylvania)

Attorney for Plaintiff

Bryson, Ian M (Pennsylvania)

Attorney for Defendant

LACHOWICZ, AMY C. (Pennsylvania)

MCGRAVEY, DANIEL J. (Pennsylvania)

RIDER, CHRISTOPHER H. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case

2:19-cv-05590

Docket [PACER]

Newsome v. City of Philadelphia

Jan. 7, 2021

Jan. 7, 2021

Docket
1

2:19-cv-05590

Collective Action Complaint for Declaratory Judgment, Injunctive Relief and Damages

Newsome v. City of Philadelphia

Nov. 26, 2019

Nov. 26, 2019

Complaint
6

2:19-cv-05590

First Amended Collective Action Complaint for Declaratory Judgment, Injunctive Relief and Damages

Newsome v. City of Philadelphia

Feb. 17, 2020

Feb. 17, 2020

Complaint
17

2:19-cv-05590

Memorandum

Newsome v. City of Philadelphia

Nov. 12, 2020

Nov. 12, 2020

Order/Opinion

500 F.Supp.3d 336

19

2:19-cv-05590

Second Amended Collective Action Complaint for Declaratory Judgment, Injunctive Relief and Damages

Newsome v. City of Philadelphia

Dec. 12, 2020

Dec. 12, 2020

Complaint
22

2:19-cv-05590

Memorandum Re: Third Motion To Dismiss

July 6, 2021

July 6, 2021

Order/Opinion

2021 WL 2810289

27

2:19-cv-05590

Memorandum Re: Plaintiff's Motion For Reconsideration

Aug. 20, 2021

Aug. 20, 2021

Order/Opinion

2021 WL 3709509

90

2:19-cv-05590

Memorandum Re: Plaintiff's Motion For Conditional Certification Of Collective Action

Oct. 26, 2022

Oct. 26, 2022

Order/Opinion

2022 WL 15525753

113

2:19-cv-05590

Order

March 2, 2023

March 2, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16529816/newsome-v-city-of-philadelphia/

Last updated April 5, 2025, 10:01 a.m.

ECF Number Date Description Link
Nov. 26, 2019

DEMAND for Trial by Jury by JANELLE NEWSOME. (bw, ) (Entered: 11/29/2019)

PACER
Nov. 26, 2019

1 Summons Issued as to CITY OF PHILADELPHIA. Forwarded

PACER
1 Nov. 26, 2019

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number PPE207486.), filed by JANELLE NEWSOME.(bw, ) (Entered: 11/29/2019)

Clearinghouse
Nov. 26, 2019

DEMAND for Trial by Jury by JANELLE NEWSOME. (bw, )

Nov. 26, 2019

1 Summons Issued as to CITY OF PHILADELPHIA. Forwarded To: COUNSEL on 11/29/2019 (bw, )

Nov. 29, 2019

Summons Issued

Nov. 29, 2019

Jury Demand

2 Dec. 3, 2019

WAIVER OF SERVICE Returned Executed by JANELLE NEWSOME. CITY OF PHILADELPHIA waiver sent on 12/3/2019, answer due 2/1/2020. (BRYSON, IAN) (Entered: 12/03/2019)

RECAP
3 Dec. 27, 2019

NOTICE by JANELLE NEWSOME Filing Consent Form to Join Dontaya Trippett as a Party Plaintiff (BRYSON, IAN) (Entered: 12/27/2019)

RECAP
4 Feb. 3, 2020

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CITY OF PHILADELPHIA.Memorandum and Certificate of Service.(UNTERBURGER, DANIEL) (Entered: 02/03/2020)

RECAP
5 Feb. 17, 2020

RESPONSE in Opposition re 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JANELLE NEWSOME. (BRYSON, IAN) (Entered: 02/17/2020)

RECAP
6 Feb. 17, 2020

FIRST AMENDED COMPLAINT against CITY OF PHILADELPHIA, filed by JANELLE NEWSOME., JURY TRIAL DEMAND, EXHIBIT.(rf, ) (Entered: 02/18/2020)

Clearinghouse
7 March 2, 2020

ORDER THAT DEFENDANT'S 4 MOTION TO DISMISS FILED ON 2/3/20 IS DENIED AS MOOT. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/2/20.3/2/20 ENTERED & E-MAILED.(fdc) (Entered: 03/02/2020)

RECAP
8 March 2, 2020

Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CITY OF PHILADELPHIA.Memorandum and Certificate of Service.(UNTERBURGER, DANIEL) (Entered: 03/02/2020)

RECAP
9 March 16, 2020

MOTION for Leave to File Supplemental Complaint filed by JANELLE NEWSOME.Memorandum, Certificate of Service.(BRYSON, IAN) (Entered: 03/16/2020)

RECAP
10 March 16, 2020

RESPONSE in Opposition re 8 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JANELLE NEWSOME. (BRYSON, IAN) (Entered: 03/16/2020)

RECAP
11 March 25, 2020

ORDER THAT THE COURT HEREBY GRANTS PLAINTIFF'S 9 MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT (9). IT IS FURTHER ORDERED THAT, IN VIEW OF THE PUBLIC HEALTH CRISIS, ADDITIONAL BRIEFING WILL BE ALLOWED, THE SCHEDULE TO BE AGREED UPON BY COUNSEL, AND TO BE COMPLETED WITHIN 90 DAYS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/25/20.3/25/20 ENTERED & E-MAILED.(fdc) (Entered: 03/25/2020)

RECAP
12 July 30, 2020

ORDER THAT ANY FURTHER BRIEFING EITHER PARTY WISHES TO FILE REGARDING THE PENDING MOTION TO DISMISS THE FIRST AMENDED COMPLAINT AND THE SUPPLEMENTAL COMPLAINT SHALL BE FILED BY 8/21/20; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/30/20. 7/30/20 ENTERED AND E-MAILED.(JL ) (Entered: 07/30/2020)

RECAP
13 Aug. 21, 2020

Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CITY OF PHILADELPHIA.memorandum and Certificate of Service. (Attachments: # 1 Exhibit A)(UNTERBURGER, DANIEL) (Entered: 08/21/2020)

RECAP
14 Oct. 13, 2020

NOTICE of Hearing on Motion 13 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 8 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : MOTION VIDEO HEARING SET FOR 11/4/2020 02:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. INSTRUCTIONS TO JOIN VIDEO HEARING ON NOTICE AND ALSO BEING EMAILED TO COUNSEL.(lds, ) (Entered: 10/13/2020)

RECAP
15 Oct. 14, 2020

AMENDED NOTICE (new time) of Hearing on Motion 13 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 8 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : MOTION VIDEO HEARING SET FOR 11/4/2020 11:00 AM BEFORE HONORABLE MICHAEL M. BAYLSON. INSTRUCTIONS FOR PARTICIPATING IN THE VIDEO HEARING ARE DETAILED IN THE NOTICE AND ALSO EMAILED TO COUNSEL PREVIOUSLY.(lds, ) (Entered: 10/14/2020)

RECAP
16 Nov. 4, 2020

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON. Hearing Re: Motion to Dismiss (via Cisco video meeting) held on 11/4/20. (fdc) (Entered: 11/04/2020)

RECAP
17 Nov. 12, 2020

MEMORANDUM AND OPINION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/12/20. 11/12/20 ENTERED & E-MAILED.(fdc) (Entered: 11/12/2020)

Clearinghouse
18 Nov. 12, 2020

MEMORANDUM AND ORDER THAT THE COURT GRANTS THE MOTION TO DISMISS WITHOUT PREJUDICE AS TO COUNTS II(FLSA RETALIATION), IV(TITLE VII HOSTILE WORK ENVIRONMENT), V(TITLE VII RETALIATION), VI(SEC.1983 DISPARATE TREATMENT), VII(SEC. 1983 HOSTILE WORK ENVIRONMENT), VIII(FIRST AMENDMENT RETALIATION); AND DENIES THE MOTION TO DISMISS AS TO COUNTS I(FLSA VIOLATIONS), AND III(TITLE VII DISPARATE TREATMENT). IT IS FURTHER ORDERED THAT PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT WITHIN THIRTY (30) DAYS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/12/20. 11/12/20 ENTERED & E-MAILED.(fdc) (Entered: 11/12/2020)

RECAP
19 Dec. 12, 2020

AMENDED COMPLAINT (Second) against CITY OF PHILADELPHIA, filed by JANELLE NEWSOME.(BRYSON, IAN) (Entered: 12/12/2020)

Clearinghouse
20 Dec. 24, 2020

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CITY OF PHILADELPHIA.Memorandum and Certificate of Service.(UNTERBURGER, DANIEL) (Entered: 12/24/2020)

RECAP
21 Jan. 7, 2021

RESPONSE in Opposition re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JANELLE NEWSOME. (Attachments: # 1 Supplement Certification of Counsel)(BRYSON, IAN) (Entered: 01/07/2021)

RECAP
22 July 6, 2021

MEMORANDUM AND OPINION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/2/21. 7/6/21 ENTERED & E-MAILED.(fdc) (Entered: 07/06/2021)

Clearinghouse
23 July 6, 2021

MEMORANDUM AND ORDER THAT COUNTS II, IV, VI, VII, IX, AND X ARE DISMISSED WITH PREJUDICE, AND THE MOTION TO DISMISS IS DENIED AS TO COUNT VIII. NO MOTION WAS MADE AS TO COUNTS I, III, OR V. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/2/21. 7/6/21 ENTERED & E-MAILED.(fdc) (Entered: 07/06/2021)

RECAP
24 July 7, 2021

MOTION for Reconsideration re 23 Order (Memorandum and/or Opinion), filed by JANELLE NEWSOME.Brief, Certificate of Service. (Attachments: # 1 Brief, # 2 Certificate of Service, # 3 Exhibit A)(BRYSON, IAN) (Entered: 07/07/2021)

1 Brief

View on PACER

2 Certificate of Service

View on PACER

3 Exhibit A

View on PACER

RECAP
25 July 7, 2021

Letter dated 07/07/2021 by JANELLE NEWSOME. (Attachments: # 1 Text of Proposed Order)(BRYSON, IAN) (Entered: 07/07/2021)

RECAP
26 July 21, 2021

RESPONSE in Opposition re 24 MOTION for Reconsideration re 23 Order (Memorandum and/or Opinion), filed by CITY OF PHILADELPHIA. (UNTERBURGER, DANIEL) (Entered: 07/21/2021)

RECAP
27 Aug. 20, 2021

MEMORANDUM AND OPINION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/20/21. 8/20/21 ENTERED & E-MAILED.(fdc) (Entered: 08/20/2021)

Clearinghouse
28 Aug. 20, 2021

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR RECONSIDERATION IS DENIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/20/21. 8/20/21 ENTERED & E-MAILED.(fdc) (Entered: 08/20/2021)

RECAP
29 Nov. 23, 2021

Letter dated November 23, 2021 Requesting Rule 16 Conference by JANELLE NEWSOME. (BRYSON, IAN) (Entered: 11/23/2021)

RECAP
30 Nov. 24, 2021

NOTICE of Hearing: PRELIMINARY PRETRIAL TELEPHONE CONFERENCE SET FOR 12/2/2021 11:00 AM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE CALL AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520. (Attachments: # 1 Conf. Info Sheet, # 2 Trial Procedures)(ahf, ) (Entered: 11/24/2021)

RECAP
31 Dec. 1, 2021

AMENDED NOTICE of Hearing:PRELIMINARY PRETRIAL TELEPHONE CONFERENCE SET FOR 12/2/2021 AT 3:30 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE CALL AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520 (Attachments: # 1 Conf. Info Sheet, # 2 Trial Procedures)(ahf, ) (Entered: 12/01/2021)

RECAP
32 Dec. 2, 2021

NOTICE of Appearance by CHRISTOPHER H. RIDER on behalf of CITY OF PHILADELPHIA with Certificate of Service(RIDER, CHRISTOPHER) (Entered: 12/02/2021)

RECAP
33 Dec. 2, 2021

MOTION to Certify Conditional Collective Action filed by JANELLE NEWSOME.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit Proposed Notice to Potential Opt-In Plaintiffs)(BRYSON, IAN) (Main Document 33 replaced on 12/6/2021) (fdc, ). (Attachment 1 replaced on 12/6/2021) (fdc, ). (Entered: 12/02/2021)

1 Exhibit Proposed Notice to Potential Opt-In Plaintiffs

View on PACER

RECAP
34 Dec. 3, 2021

REQUEST for Entry of Default filed by JANELLE NEWSOME.Affidavit, Certificate of Service.(BRYSON, IAN) Modified on 12/3/2021 (nd, ). (Entered: 12/03/2021)

RECAP
35 Dec. 3, 2021

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON: Pretrial Conference by telephone held on 12/2/2021. (ahf, ) (Entered: 12/03/2021)

RECAP
36 Dec. 3, 2021

MOTION for Extension of Time to File Answer re 34 MOTION for Entry of Default filed by CITY OF PHILADELPHIA.Certificate of Service.(UNTERBURGER, DANIEL) (Entered: 12/03/2021)

RECAP
37 Dec. 3, 2021

SCHEDULING ORDER. ORDER THAT MAGISTRATE JUDGE DAVID STRAWBRIDGE WILL CONTACT COUNSEL AS TO WHETHER SETTLEMENT DISCUSSIONS HAVE TAKEN PLACE AND TO SCHEDULE A SETTLEMENT CONFERENCE. DISCOVERY IS DUE BY 4/15/22. DISPOSITIVE MOTIONS ARE DUE BY 5/16/22. PLAINTIFF PRETRIAL MEMO DUE BY 6/1/22. DEFENDANT PRETRIAL MEMO DUE BY 6/15/22. TRIAL POOL SET FOR 7/15/22. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/3/21. 11/3/21 ENTERED & E-MAILED.(fdc) (Entered: 12/03/2021)

RECAP
38 Dec. 7, 2021

ORDER THAT PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT 34 IS DENIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/7/21. 12/7/21 ENTERED & E-MAILED.(fdc) (Entered: 12/07/2021)

RECAP
39 Dec. 7, 2021

ORDER THAT DEFENDANT'S 36 MOTION FOR EXTENSION OF TIME TO FILE ANSWER IS DENIED AS MOOT PURSUANT TO THIS COURT'S 12/7/21 ORDER 38, AND THE ANSWER ATTACHED TO THIS MOTION AND MARKED AS EXHIBIT "A" SHALL BE FILED BY THE DOCKET CLERK. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/7/21.12/7/21 ENTERED & E-MAILED.(fdc) (Entered: 12/07/2021)

RECAP
40 Dec. 7, 2021

ANSWER with Affirmative Defenses to 19 Amended Complaint by CITY OF PHILADELPHIA, Certificate of Service. (fdc) (Entered: 12/07/2021)

RECAP
41 Dec. 13, 2021

RESPONSE in Opposition re 33 MOTION to Certify Conditional Collective Action filed by CITY OF PHILADELPHIA. (UNTERBURGER, DANIEL) (Entered: 12/13/2021)

RECAP
42 Dec. 20, 2021

REPLY to Response to Motion re 33 MOTION to Certify Conditional Collective Action filed by JANELLE NEWSOME. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(BRYSON, IAN) (Entered: 12/20/2021)

RECAP
43 Jan. 3, 2022

NOTICE of Hearing: TELEPHONE CONFERENCE REGARDING THE SCHEDULING OF A SETTLEMENT CONFERENCE SET FOR 1/6/2022 09:30 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE.SEE ATTACHED NOTICE FOR DIAL IN INFORMATION.(dp, ) (Entered: 01/03/2022)

RECAP
44 Feb. 24, 2022

NOTICE of Hearing on Motion 33 MOTION to Certify Conditional Collective Action : ORAL ARGUMENT SET FOR 3/3/2022 AT 1:30 PM IN COURTROOM 3A BEFORE HONORABLE MICHAEL M. BAYLSON.(ahf) (Entered: 02/24/2022)

RECAP
45 Feb. 27, 2022

MOTION to Compel Discovery Responses filed by CITY OF PHILADELPHIA.Certificate of Service.(UNTERBURGER, DANIEL) (Main Document 45 replaced on 3/2/2022) (sg). (Entered: 02/27/2022)

RECAP
46 March 4, 2022

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSONin Courtroom 3A Motion Hearing held on 3/3/2022 re 33 MOTION to Certify Conditional Collective Action filed by JANELLE NEWSOME Court Reporter: ESR. (sg) (Entered: 03/04/2022)

RECAP
47 March 4, 2022

ORDERED THAT: 1.DEFENDANT SHALL PRODUCE TO PLAINTIFF ALL DOCUMENTS REGARDING THE PHILADELPHIAPOLICE DEPARTMENTS IMPLEMENTATION, OR LACK THEREOF, OF THE CITY OF PHILADELPHIASWORKSITE LACTATION SUPPORT POLICY, EXECUTIVE ORDER NO. 1111;2.DEFENDANTS PRODUCTION SHALL INCLUDE ANY AND ALL COMPLAINTS MADE REGARDING THEPHILADELPHIA POLICE DEPARTMENTS IMPLEMENTATION, OR LACK THEREOF, OF THE CITY OFPHILADELPHIAS WORKSITE LACTATION SUPPORT POLICY;3.THE RELEVANT TIME PERIOD FOR DEFENDANTS PRODUCTION IS JANUARY 1, 2016 THROUGHDECEMBER 31, 2020;4.DEFENDANTS PRODUCTION SHALL BE COMPLETED WITHIN THIRTY (30) DAYS OF THE ENTRY OFTHIS ORDER;5.WITHIN FOURTEEN (14) DAYS OF THE COMPLETION OF DEFENDANTS PRODUCTION TOPLAINTIFF, PLAINTIFF SHALL NOTICE FED. R. CIV. P. 30(B)(6) DEPOSITIONS; 6. WITHIN FOURTEEN (14) DAYS OF THE COMPLETION OF ANY FED. R. CIV. P. 30(B)(6) DEPOSITIONS, THE PARTIES SHALL FILE SIMULTANEOUS BRIEFS LIMITED TO THE ISSUE OF WHETHER THE PHILADELPHIA POLICE DEPARTMENT DID OR DID NOT IMPLEMENT THE CITY OF PHILADELPHIAS WORKSITE LACTATION SUPPORT POLICY.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/3/2022. 3/4/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 03/04/2022)

RECAP
48 March 9, 2022

NOTICE of Appearance by DANIEL J. MCGRAVEY on behalf of CITY OF PHILADELPHIA with Certificate of Service(MCGRAVEY, DANIEL) (Entered: 03/09/2022)

RECAP
49 March 9, 2022

NOTICE of Appearance by AMY C. LACHOWICZ on behalf of CITY OF PHILADELPHIA with Certificate of Service(LACHOWICZ, AMY) (Entered: 03/09/2022)

RECAP
50 March 28, 2022

NOTICE of Hearing: STATUS CONFERENCE VIA TELEPHONE SET FOR 3/29/2022 09:00 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE.SEE ATTACHED NOTICE FOR DIAL IN INFORMATION.(dp) (Entered: 03/28/2022)

RECAP
51 March 29, 2022

ORDERED THAT: 1. ON OR BEFORE TUESDAY, APRIL 5, 2022, THE CITY SHALL REVIEW THE CURRENT DEMAND OF PLAINTIFF AND PROVIDE WHAT IT CONSIDERS TO BE AN APPROPRIATE RESPONSE; 2. ON OR BEFORE TUESDAY, APRIL 12, 2022, PLAINTIFF SHALL THEN CONSIDER THE CITYS RESPONSE AND ADJUST ITS OFFER AS IT BELIEVES WOULD BE APPROPRIATE; 3. ON OR BEFORE FRIDAY, APRIL 15, 2022, EACH PARTY SHALL PROVIDE THE COURT WITH EX-PARTE LETTERS INDICATING THE EXTENT OF THEIR PROGRESS IN SETTLEMENT DISCUSSIONS. UPON RECEIPT OF THOSE LETTERS THE COURT WILL PROCEED WITH FURTHER DISCUSSION WITH EACH PARTY AND CONSIDER WHETHER IT WILL SCHEDULE A SETTLEMENT CONFERENCE. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 3/29/2022. 3/29/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 03/29/2022)

RECAP
52 March 30, 2022

NOTICE of Withdrawal of Appearance by CHRISTOPHER H. RIDER on behalf of CITY OF PHILADELPHIA(RIDER, CHRISTOPHER) (Entered: 03/30/2022)

RECAP
53 April 6, 2022

NOTICE of Hearing: STATUS TELEPHONE CONFERENCE SET FOR 4/18/2022 03:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THIS TELEPHONE CONFERENCE AND WHEN ALL COUNSEL ARE ON THE LINE, DIAL CHAMBERS AT 267-299-7520.(lds) (Entered: 04/06/2022)

RECAP
54 April 18, 2022

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON TELEPHONE Status Conference held on 4/18/22. (JL) (Entered: 04/18/2022)

RECAP
55 April 18, 2022

ORDER THAT IF THIS CASE IS NOT SETTLED BY MAY 18, 2022, DISCOVERY SHALL RESUME AND BE COMPLETED WITHIN SIXTY (60) DAYS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 4/18/22. 4/18/22 ENTERED AND COPIES E-MAILED. (va) (Entered: 04/18/2022)

RECAP
56 April 27, 2022

NOTICE of Hearing:TELEPHONE STATUS CONFERENCE SET FOR 5/3/2022 01:30 PM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. SEE ATTACHED NOTICE FOR DIAL IN INFORMATION.(dp) (Entered: 04/27/2022)

RECAP
57 May 3, 2022

ORDER THAT A SETTLEMENT CONFERENCE SET FOR 6/9/2022 09:30 AM IN Judge's Chambers BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 5/3/2022. 5/3/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 05/03/2022)

RECAP
58 May 4, 2022

AMENDED SETTLEMENT CONFERENCE ORDER, THE SETTLEMENT CONFERENCE SET FOR 6/9/2022 09:30 AM IN Judge's Chambers BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 5/4/2022. 5/4/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 05/04/2022)

RECAP
59 May 4, 2022

Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE SETTLEMENT Conference held on 5/3/22. (JL) (Entered: 05/04/2022)

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60 June 30, 2022

ORDERED THAT THE PARTIES SHALL EACH FILE A STATUS REPORT INFORMING THIS COURT OF THE STATUS OF DISCOVERY BY JULY 22, 2022. A STATUS TELECONFERENCE WILL BE HELD ON AUGUST 3, 2022 AT 11:00 A.M.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/29/2022. 6/30/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 06/30/2022)

RECAP
61 July 22, 2022

STATUS REPORT (Joint) and Request for 60 Day Extension to Complete Discovery by CITY OF PHILADELPHIA. (MCGRAVEY, DANIEL) (Entered: 07/22/2022)

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62 July 26, 2022

NOTICE of Appearance by H. DAVID SEIDMAN on behalf of CITY OF PHILADELPHIA with Certificate of Service(SEIDMAN, H.) (Entered: 07/26/2022)

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63 July 26, 2022

Letter dated July 26, 2022 Withdrawing its Motion to Compel Discovery Responses (Dkt. 45) by CITY OF PHILADELPHIA. (MCGRAVEY, DANIEL) (Entered: 07/26/2022)

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64 Aug. 3, 2022

REVISED SCHEDULING ORDER: DISCOVERY DUE BY 10/31/2022. MOTIONS DUE BY 11/30/2022. PLAINTIFF PRETRIAL MEMO DUE BY 12/12/2022. DEFENDANT PRETRIAL MEMO DUE BY 12/22/2022. TRIAL POOL SET FOR 1/17/2023.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/3/2022. 8/3/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 08/03/2022)

RECAP
65 Aug. 18, 2022

Praecipe to Withdraw Motion to Compel Discovery Responses by CITY OF PHILADELPHIA. (SEIDMAN, H.) (Entered: 08/18/2022)

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66 Aug. 22, 2022

NOTICE of Hearing: TELEPHONE CONFERENCE RE: STATUS SET FOR 9/7/2022 AT 1:30 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINITFF WILL INITIATE THE CALL AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520.(ahf) (Entered: 08/22/2022)

RECAP
67 Aug. 30, 2022

MOTION to Compel Answers to Interrogatories and Responses to Requests for Production of Documents filed by JANELLE NEWSOME.Certificate of Counsel and Certificate of Service.(BRYSON, IAN) (Entered: 08/30/2022)

RECAP
68 Sept. 6, 2022

ORDER THAT PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS IS GRANTED. DEFENDANT SHALL PRODUCE FULL AND COMPLETE RESPONSES WITHOUT OBJECTION FORTHWITH.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/6/2022.9/6/2022 ENTERED AND COPIES E-MAILED.(ahf) (Entered: 09/06/2022)

RECAP
69 Sept. 7, 2022

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON TELEPHONE Status Conference held on 9/7/22. (JL) (Entered: 09/07/2022)

RECAP
70 Sept. 7, 2022

NOTICE of Withdrawal of Appearance by DANIEL R. UNTERBURGER on behalf of CITY OF PHILADELPHIA(UNTERBURGER, DANIEL) (Entered: 09/07/2022)

RECAP
71 Sept. 8, 2022

ORDER THAT COUNSEL SHALL FILE A JOINT STATUS REPORT NO LATER THAN 10/3/22. A TELEPHONIC STATUS CONFERENCE IS SET FOR 10/6/22 AT 2:00 PM. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/7/22. 9/8/22 ENTERED & E-MAILED.(fdc) (Entered: 09/08/2022)

RECAP
72 Sept. 15, 2022

AMENDED NOTICE of Hearing: TELEPHONIC STATUS CONFERENCE RESCHEDULED FOR 10/4/2022 AT 11:30 AM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE CALL AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520.(ahf) (Entered: 09/15/2022)

RECAP
73 Sept. 26, 2022

MOTION to Compel Depositions and Sanctions filed by JANELLE NEWSOME.Certificate of Counsel and Certificate of Serviceate. (Attachments: # 1 Exhibit)(BRYSON, IAN) (Entered: 09/26/2022)

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74 Sept. 29, 2022

RESPONSE in Opposition re 73 MOTION to Compel Depositions and Sanctions filed by CITY OF PHILADELPHIA. (SEIDMAN, H.) (Entered: 09/29/2022)

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75 Sept. 30, 2022

to Substitute Defendant's Response to Motion to Compel Depositions and Sanctions (ECF 74) by CITY OF PHILADELPHIA. (SEIDMAN, H.) (Entered: 09/30/2022)

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76 Sept. 30, 2022

REPLY to Response to Motion re 73 MOTION to Compel Depositions and Sanctions filed by JANELLE NEWSOME. (BRYSON, IAN) (Entered: 09/30/2022)

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77 Oct. 3, 2022

STATUS REPORT by JANELLE NEWSOME. (BRYSON, IAN) (Entered: 10/03/2022)

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78 Oct. 3, 2022

STATUS REPORT by CITY OF PHILADELPHIA. (SEIDMAN, H.) (Entered: 10/03/2022)

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79 Oct. 4, 2022

Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Status Conference held on 10/4/2022. (sg) (Entered: 10/04/2022)

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80 Oct. 4, 2022

ORDERED:1.Plaintiff and Defendant agreed that written discovery was completed.2.Plaintiff and Defendant believe requested depositions can be completed by the October31, 2022 deadline, but the Court has no objection to a brief extension, if necessary, forcooperation between counsel and witnesses.3.Within ten (10) days after completion of depositions, both parties shall file asupplemental brief (limited to ten (10) pages) on the issue of certification of allegedcollective class with evidentiary materials (not previously of record) attached and withfull copy, bound and tabbed, delivered to Chambers.4.As to the deposition of the police commissioner, if any disputes, it will be held by Zoomwith counsel in Courtroom 3A on a date to be set.5.Plaintiffs Motion to Compel Depositions and Sanctions (ECF 73) is DENIED as moot.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/4/2022.10/4/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 10/04/2022)

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81 Oct. 14, 2022

ORDER THAT PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND SANCTIONS IS DENIED AS MOOT. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/14/22.10/14/22 ENTERED AND E-MAILED.(fdc) (Entered: 10/14/2022)

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82 Oct. 17, 2022

MOTION to Compel Deposition of Danielle Outlaw filed by JANELLE NEWSOME.Memorandum, Certificate of Counsel, Certificate of Service, Proposed Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(BRYSON, IAN) (Entered: 10/17/2022)

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83 Oct. 18, 2022

RESPONSE in Opposition re 82 MOTION to Compel Deposition of Danielle Outlaw filed by CITY OF PHILADELPHIA. (SEIDMAN, H.) (Entered: 10/18/2022)

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84 Oct. 20, 2022

REPLY to Response to Motion re 82 MOTION to Compel Deposition of Danielle Outlaw filed by JANELLE NEWSOME. (BRYSON, IAN) (Entered: 10/20/2022)

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85 Oct. 20, 2022

ORDER THAT PLAINTIFF'S 82 MOTION TO COMPEL IS GRANTED. DEFENDANT SHALL PRODUCE COMMISSIONER OUTLAW FOR A DEPOSITION WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER, AS PROMPTLY AS CONVENIENT. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/20/22.10/20/22 ENTERED & E-MAILED.(fdc) VACATED AS PER DOC. 89. Modified on 10/27/2022 (sg). (Entered: 10/20/2022)

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86 Oct. 25, 2022

MOTION for Reconsideration re 85 Order on Motion to Compel, filed by CITY OF PHILADELPHIA.Proposed Order and Certificate of Service.(SEIDMAN, H.) (Entered: 10/25/2022)

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87 Oct. 25, 2022

PRAECIPE TO APPEND CERTIFICATE OF GOOD FAITH TO MOTION FOR RECONSIDERATION OF COURTS OCTOBER 20, 2022 ORDER by CITY OF PHILADELPHIA. (SEIDMAN, H.) (Entered: 10/25/2022)

RECAP
88 Oct. 25, 2022

RESPONSE in Opposition re 86 MOTION for Reconsideration re 85 Order on Motion to Compel, filed by JANELLE NEWSOME. (BRYSON, IAN) (Entered: 10/25/2022)

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90 Oct. 26, 2022

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/26/2022. 10/27/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 10/27/2022)

Clearinghouse
91 Oct. 26, 2022

ORDERED that Plaintiffs Motion to Conditionally Certify Collective Action (Doc. No. 33) is GRANTED. Counsel for each party shall confer on the content and posting aspects for notice and file a joint proposal or separate proposals within ten (10) days. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/26/2022. 10/27/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 10/27/2022)

RECAP
89 Oct. 27, 2022

ORDER THAT upon consideration of Defendants Motion for Reconsideration of this Courts October 20, 2022 Order (theMotion), including for the first time, an Affidavit by Commissioner Outlaw (Doc. No. 86), and Plaintiff's response filed on October 25, 2022 (Doc. No. 88), it is hereby ORDERED that Defendants Motion is GRANTED. This Courts October 20, 2022 Order is VACATED and Plaintiffs Motion to Compel the Deposition of Police Commissioner Daniele Outlaw (Doc. No. 82) is DENIED.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/26/2022.10/27/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 10/27/2022)

RECAP
92 Oct. 31, 2022

Joint MOTION for Extension of Time to Complete Discovery filed by CITY OF PHILADELPHIA.Certificate of Service.(SEIDMAN, H.) (Entered: 10/31/2022)

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93 Nov. 4, 2022

ORDER THAT upon consideration of the Parties Joint Motion to Extend Discovery Deadline, the Motion is GRANTED. It is further Ordered that the discovery deadline set in this Courts Revised Scheduling Order (Doc. No. 64) is hereby extended from October 31, 2022 to November 18, 2022. All other deadlines shall remain unchanged. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/4/2022.11/4/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 11/04/2022)

RECAP
94 Nov. 5, 2022

Letter dated November 5, 2022, Plaintiff's Proposal for Content and Posting Aspects for Notice to Potential Opt-In Plaintiffs by JANELLE NEWSOME. (BRYSON, IAN) (Entered: 11/05/2022)

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 26, 2019

Closing Date: March 2, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All PPD employees who were nursing mothers reaching back to three years before the filing of Plaintiff's original complaint.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

City of Philadelphia

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

State Anti-Discrimination Law

State law

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

Constitutional Clause(s):

Equal Protection

Petitions Clause

Other Dockets:

Eastern District of Pennsylvania 2:19-cv-05590

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Retaliation

Discrimination Area:

Accommodation / Leave

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Pay / Benefits

Promotion

Training

Discrimination Basis:

Pregnancy discrimination

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation