Case: Hodgkins v. Frontier Airlines, Inc.

1:19-cv-03469 | U.S. District Court for the District of Colorado

Filed Date: Dec. 10, 2019

Closed Date: April 14, 2022

Clearinghouse coding complete

Case Summary

On December 10, 2019, the ACLU, the ACLU of Colorado, Towards Justice, and a private law firm filed this putative class action lawsuit in the United States District Court for the District of Colorado. The four individual plaintiffs were female flight attendants who were pregnant and breastfed their children during their employment with Frontier Airlines. The complaint challenged Frontier’s alleged discriminatory policies and practices of penalizing pregnancy-related absences, refusing to provid…

On December 10, 2019, the ACLU, the ACLU of Colorado, Towards Justice, and a private law firm filed this putative class action lawsuit in the United States District Court for the District of Colorado. The four individual plaintiffs were female flight attendants who were pregnant and breastfed their children during their employment with Frontier Airlines. The complaint challenged Frontier’s alleged discriminatory policies and practices of penalizing pregnancy-related absences, refusing to provide accommodations to pregnant and breastfeeding flight attendants, and prohibiting breast pumping while on duty. 

The plaintiffs sued Frontier Airlines under Colorado state law, Title VII, and the Family and Medical Leave Act (FMLA). Plaintiffs sought declarative and injunctive relief, back pay, and attorneys’ fees.  Plaintiffs sought to certify two classes—a pregnancy class, defined as "[a]ll current and former Frontier flight attendants who became pregnant at any point during the class period," and a breastfeeding class, defined as "[a]ll current and former Frontier flight attendants who breastfed, directly or by feeding their child their own expressed breast milk, while employed by Frontier, including those who breastfed while on any form of leave following the birth of a child, at any time during the class period."

The case was originally assigned to Judge Raymond P. Moore and Magistrate Judge N. Reid Neureiter. On December 11, 2019, Magistrate Judge Neureiter was recused because he had previously served as a cooperating attorney on cases initiated by the ACLU. The case was randomly re-assigned to Magistrate Judge Michael E. Hegarty.

The parties began settlement talks on May 4, 2020. In November 2020, Frontier Airlines filed a motion to dismiss the lawsuit. On July 14, 2021, following lengthy discovery disputes, Judge Moore declined to dismiss the lawsuit, and allowed all of the plaintiffs' claims under state and federal law, as well as the class certification process, to proceed. In particular, the Court held that the flight attendants had standing for prospective relief as they had a reasonable expectation that the challenged conduct would recur and they showed a continuing injury from the policies as well as standing for damages. Judge Moore determined that the flight attendants sufficiently alleged Title VII and state law disparate treatment claims by alleging that the airlines denied ground assignment requests while providing them for attendants with non-pregnancy related medical conditions. Therefore, the case was allowed to proceed. 2021 WL 2948810. 

In September 2021, the District Court consolidated this case with Freyer v. Frontier Airlines, a suit involving similar allegations against the airline by women pilots. After successfully negotiating a settlement, on April 14, 2022, the Hodgkins parties and Frontier Airlines filed a joint stipulation asking for the cases to be unlinked and for the Hodgkins claims to be dismissed with each side bearing their own attorney's fees and costs. Judge Christine M. Arguello, the judge in Freyer, thus unlinked the cases and dismissed the Hodgkins case with prejudice. The Freyer case was not resolved by the settlement agreement, and remained ongoing at the time of settlement.

The settlement agreement is presumably private, but the key terms have been publicized by the parties. The agreement required Frontier Airlines to update its policies relating to pregnancy and lactation accommodation, including agreements to permit flight attendants to pump during flight, to excuse FMLA-qualifying absences related to pregnancy, to provide a regularly-updated list of lactation facilities at Frontier’s base locations to flight attendants who give birth, and to provide a system to address feedback from flight attendants regarding the adequacy of lactation facilities at base locations. They also agreed to clarify Frontier’s policy that it accommodates flight attendants unable to fly due to pregnancy or lactation on the same terms that it accommodates flight attendants with other medical conditions rendering them unable to fly.

Summary Authors

Jane Fisher (5/10/2022)

Elana Herbst (3/26/2023)

Related Cases

Freyer v. Frontier Airlines, Inc., District of Colorado (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16569700/parties/hodgkins-v-frontier-airlines-inc/


Judge(s)

Arguello, Christine M. (Colorado)

Attorney for Plaintiff

Baigent, Charlotte V. (Colorado)

Fruitwala, Aditi (Colorado)

Jonat, Jayme (Colorado)

Attorney for Defendant

Baumann, Stephen E. (Colorado)

Documents in the Clearinghouse

Documents in this case
1

1:19-cv-03469

Complaint and Jury Trial Demand

Dec. 10, 2019

Dec. 10, 2019

Complaint

1:19-cv-03469

Order

July 14, 2021

July 14, 2021

Order/Opinion

2021 WL 2948810

107

1:19-cv-03469

Order Granting Stipulation and Dismissing 19-CV-03469

In re Frontier Airlines Litigation

April 14, 2022

April 14, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16569700/hodgkins-v-frontier-airlines-inc/

Last updated April 16, 2026, 5:15 a.m.

ECF Number Date Description Link
1 Dec. 10, 2019

COMPLAINT against Frontier Airlines, Inc. (Filing fee $ 400,Receipt Number 1082-7036821)Attorney Sara R. Neel added to party Heather Crowe(pty:pla), Attorney Sara R. Neel added to party Melissa Hodgkins(pty:pla), Attorney Sara R. Neel added to party Stacy Rewitzer(pty:pla), Attorney Sara R. Neel added to party Renee Schwartzkopf(pty:pla), filed by Melissa Hodgkins, Heather Crowe, Renee Schwartzkopf, Stacy Rewitzer. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Neel, Sara) (Entered: 12/10/2019)

1 Civil Cover Sheet

View on RECAP

2 Summons

View on RECAP

RECAP
2 Dec. 10, 2019

NOTICE OF CASE ASSOCIATION by Sara R. Neel on behalf of All Plaintiffs (Neel, Sara) (Entered: 12/10/2019)

RECAP
3 Dec. 10, 2019

NOTICE of Entry of Appearance by Jayme Jonat on behalf of Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee SchwartzkopfAttorney Jayme Jonat added to party Heather Crowe(pty:pla), Attorney Jayme Jonat added to party Melissa Hodgkins(pty:pla), Attorney Jayme Jonat added to party Stacy Rewitzer(pty:pla), Attorney Jayme Jonat added to party Renee Schwartzkopf(pty:pla) (Jonat, Jayme) (Entered: 12/10/2019)

RECAP
4 Dec. 10, 2019

NOTICE of Entry of Appearance by Vincent Gregory Levy on behalf of Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee SchwartzkopfAttorney Vincent Gregory Levy added to party Heather Crowe(pty:pla), Attorney Vincent Gregory Levy added to party Melissa Hodgkins(pty:pla), Attorney Vincent Gregory Levy added to party Stacy Rewitzer(pty:pla), Attorney Vincent Gregory Levy added to party Renee Schwartzkopf(pty:pla) (Levy, Vincent) (Entered: 12/10/2019)

RECAP
5 Dec. 10, 2019

NOTICE of Entry of Appearance by Lani A. Perlman on behalf of Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee SchwartzkopfAttorney Lani A. Perlman added to party Heather Crowe(pty:pla), Attorney Lani A. Perlman added to party Melissa Hodgkins(pty:pla), Attorney Lani A. Perlman added to party Stacy Rewitzer(pty:pla), Attorney Lani A. Perlman added to party Renee Schwartzkopf(pty:pla) (Perlman, Lani) (Entered: 12/10/2019)

RECAP
6 Dec. 10, 2019

NOTICE of Entry of Appearance by Galen Leigh Sherwin on behalf of All Plaintiffs Attorney Galen Leigh Sherwin added to party Heather Crowe(pty:pla), Attorney Galen Leigh Sherwin added to party Melissa Hodgkins(pty:pla), Attorney Galen Leigh Sherwin added to party Stacy Rewitzer(pty:pla), Attorney Galen Leigh Sherwin added to party Renee Schwartzkopf(pty:pla) (Sherwin, Galen) (Entered: 12/10/2019)

RECAP
7 Dec. 10, 2019

Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (alave, ) (Entered: 12/10/2019)

RECAP
8 Dec. 10, 2019

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (alave, ) (Entered: 12/10/2019)

1 Magistrate Judge Consent Form

View on RECAP

RECAP
9 Dec. 10, 2019

ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 12/10/2019. (Text Only Entry) (rmsec ) (Entered: 12/10/2019)

RECAP
10 Dec. 10, 2019

MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 12/10/2019. (Text Only Entry) (rmsec) (Entered: 12/10/2019)

RECAP
Dec. 10, 2019

Minute Order

Dec. 10, 2019

Order Referring Case to Magistrate Judge

11 Dec. 11, 2019

ORDER OF RECUSAL by Magistrate Judge N. Reid Neureiter on 12/11/19. (nmarb, ) (Entered: 12/11/2019)

RECAP
12 Dec. 11, 2019

CASE REASSIGNED Pursuant to Order of Recusal. This case is randomly reassigned to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 19-cv-03469-RM-MEH. (Text Only Entry) (nmarb, ) (Entered: 12/11/2019)

RECAP
13 Dec. 11, 2019

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 12/11/2019. (Text Only Entry) (rmsec ) (Entered: 12/11/2019)

RECAP
14 Dec. 11, 2019

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 12/11/2019. Proposed Scheduling Order due1/20/2020. Scheduling Conference set for 2/10/2020 01:30 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jgonz, ) (Entered: 12/11/2019)

RECAP
Dec. 11, 2019

Order Referring Case to Magistrate Judge

15 Dec. 12, 2019

NOTICE of Entry of Appearance for Juno Turner by Juno E. Turner on behalf of All Plaintiffs Attorney Juno E. Turner added to party Heather Crowe(pty:pla), Attorney Juno E. Turner added to party Melissa Hodgkins(pty:pla), Attorney Juno E. Turner added to party Stacy Rewitzer(pty:pla), Attorney Juno E. Turner added to party Renee Schwartzkopf(pty:pla) (Turner, Juno) (Entered: 12/12/2019)

RECAP
16 Dec. 17, 2019

NOTICE of Entry of Appearance for Mark Silverstein by Mark Silverstein on behalf of All Plaintiffs Attorney Mark Silverstein added to party Heather Crowe(pty:pla), Attorney Mark Silverstein added to party Melissa Hodgkins(pty:pla), Attorney Mark Silverstein added to party Stacy Rewitzer(pty:pla), Attorney Mark Silverstein added to party Renee Schwartzkopf(pty:pla) (Silverstein, Mark) (Entered: 12/17/2019)

RECAP
17 Dec. 21, 2019

NOTICE of Entry of Appearance of Erin A. Webber by Danielle L. Kitson on behalf of Frontier Airlines, Inc.Attorney Danielle L. Kitson added to party Frontier Airlines, Inc.(pty:dft) (Kitson, Danielle) (Entered: 12/21/2019)

RECAP
18 Dec. 21, 2019

NOTICE of Entry of Appearance of Danielle L. Kitson by Danielle L. Kitson on behalf of Frontier Airlines, Inc. (Kitson, Danielle) (Entered: 12/21/2019)

RECAP
19 Dec. 23, 2019

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: 17 Notice of Entry of Appearance filed by attorney Danielle L. Kitson for Erin A. Webber. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (rvill, ) (Entered: 12/23/2019)

RECAP
20 Jan. 7, 2020

WAIVER OF SERVICE Returned Executed by Melissa Hodgkins, Heather Crowe, Renee Schwartzkopf, Stacy Rewitzer. Frontier Airlines, Inc. waiver sent on 12/10/2019, answer due 2/10/2020. (Perlman, Lani) (Entered: 01/07/2020)

RECAP
21 Feb. 3, 2020

Joint MOTION for Extension of Time to Reset Scheduling Conference and Extend Pre-Conference Deadlines by Defendant Frontier Airlines, Inc.. (Kitson, Danielle) (Entered: 02/03/2020)

RECAP
22 Feb. 4, 2020

MEMORANDUM regarding 21 Joint MOTION for Extension of Time to Reset Scheduling Conference and Extend Pre-Conference Deadlines filed by Frontier Airlines, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Raymond P. Moore on 2/4/2020. (Text Only Entry) (rmsec ) (Entered: 02/04/2020)

RECAP
23 Feb. 4, 2020

MINUTE ORDER granting 21 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Michael E. Hegarty on 2/4/2020. Frontier Airlines, Inc. answer due 3/11/2020. Scheduling Conference is VACATED and RESET to 3/19/2020 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty.(tsher, ) (Entered: 02/04/2020)

RECAP
Feb. 4, 2020

Memorandum

24 Feb. 7, 2020

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 2/7/2020. Status Conference set for 2/10/2020 01:30 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) (Entered: 02/07/2020)

RECAP
25 Feb. 10, 2020

COURTROOM MINUTES ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 2/10/2020. FTR: A501. (cthom, ) (Entered: 02/10/2020)

RECAP
26 Feb. 28, 2020

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 2/28/2020. Settlement Conference set for 5/13/2020 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) (Entered: 02/28/2020)

RECAP
27 March 9, 2020

Joint MOTION to Reset Scheduling Conference and Deadlines by Defendant Frontier Airlines, Inc.. (Kitson, Danielle) (Entered: 03/09/2020)

RECAP
28 March 10, 2020

MEMORANDUM regarding 27 Joint MOTION to Reset Scheduling Conference and Deadlines filed by Frontier Airlines, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. Entered by Judge Raymond P. Moore on 3/10/2020. (Text Only Entry) (rmsec ) (Entered: 03/10/2020)

RECAP
29 March 10, 2020

MINUTE ORDER granting 27 Motion to Reset Scheduling Conference and Deadlines by Magistrate Judge Michael E. Hegarty on 3/10/2020. The Scheduling Conference set for 3/19/2020 is VACATED. (tsher, ) (Entered: 03/10/2020)

RECAP
March 10, 2020

Memorandum

30 May 14, 2020

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 5/14/2020. FTR: A501. (cthom, ) (Entered: 05/15/2020)

1 Settlement Conference

View on RECAP

31 May 15, 2020

Utility Setting/Resetting Deadlines/Hearings: Settlement Conference set for 6/4/2020 at 09:00 AM before Magistrate Judge Michael E. Hegarty pursuant to 30 Minute Entry. Text Only Entry. (cthom, ) (Entered: 05/15/2020)

RECAP
32 May 27, 2020

MOTION to Withdraw as Attorney by Plaintiffs Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee Schwartzkopf. (Attachments: # 1 Declaration of Lani A. Perlman, # 2 Certificate of Service)(Perlman, Lani) (Entered: 05/27/2020)

1 Declaration of Lani A. Perlman

View on RECAP

2 Certificate of Service

View on RECAP

RECAP
33 May 27, 2020

MEMORANDUM regarding 32 MOTION to Withdraw as Attorney filed by Renee Schwartzkopf, Melissa Hodgkins, Heather Crowe, Stacy Rewitzer. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 5/27/2020. (Text Only Entry) (rmsec ) (Entered: 05/27/2020)

RECAP
May 27, 2020

Memorandum

34 May 28, 2020

MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 5/28/2020. For good cause shown, the Motion of Lani A. Perlman to Withdraw as Counsel [filed May27, 2020; ECF 32 ] is granted. Ms. Perlman's representation of Plaintiffs in this case is terminated. Plaintiffs will continue to be represented by counsel of record. (apesa, ) (Entered: 05/28/2020)

RECAP
35 June 29, 2020

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 29 June 2020. The Court will hold a continued settlement conference in this case on July 15, 2020 at 10:30 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. (cmadr, ) (Entered: 06/29/2020)

RECAP
36 June 29, 2020

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Continued Settlement Conference held on 6/4/2020. (cthom, ) (Entered: 06/30/2020)

RECAP
37 July 21, 2020

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 7/21/2020. FTR: A501. (cthom, ) (Entered: 07/21/2020)

RECAP
38 Sept. 1, 2020

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 1 September 2020. At the parties' request, the Court will hold a continued settlement conference in this case on September 24, 2020 at 10:30 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The parties are not required to provide position statements but shall submit any information and/or documents they believe may assist the Court in this matter on or before September 21, 2020 to hegarty_chambers@cod.uscourts.gov. (cmadr, ) (Entered: 09/01/2020)

RECAP
39 Sept. 24, 2020

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 9/24/2020. FTR: A501. (cthom, ) (Entered: 09/25/2020)

RECAP
40 Oct. 6, 2020

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 10/6/2020. Proposed Scheduling Order due 10/29/2020. Scheduling Conference set for 11/5/2020 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jgonz, ) (Entered: 10/07/2020)

RECAP
41 Oct. 19, 2020

NOTICE of Entry of Appearance by Stephen E. Baumann, II on behalf of Frontier Airlines, Inc.Attorney Stephen E. Baumann, II added to party Frontier Airlines, Inc.(pty:dft) (Baumann, Stephen) (Entered: 10/19/2020)

RECAP
42 Oct. 29, 2020

Proposed Scheduling Order by Defendant Frontier Airlines, Inc.. (Baumann, Stephen) (Entered: 10/29/2020)

RECAP
43 Nov. 2, 2020

NOTICE of Entry of Appearance by Karen A. Sebaski on behalf of Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee SchwartzkopfAttorney Karen A. Sebaski added to party Heather Crowe(pty:pla), Attorney Karen A. Sebaski added to party Melissa Hodgkins(pty:pla), Attorney Karen A. Sebaski added to party Stacy Rewitzer(pty:pla), Attorney Karen A. Sebaski added to party Renee Schwartzkopf(pty:pla) (Sebaski, Karen) (Entered: 11/02/2020)

RECAP
44 Nov. 5, 2020

COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 11/5/2020. Proposed Joint Scheduling Order due 11/9/2020. Status Conference set for 2/25/2021 01:00 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: A501. (cthom, ) (Entered: 11/05/2020)

RECAP
45 Nov. 9, 2020

Proposed Scheduling Order by Defendant Frontier Airlines, Inc.. (Baumann, Stephen) (Entered: 11/09/2020)

RECAP
46 Nov. 16, 2020

JOINT SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 16 November 2020. Discovery due by 4/30/2021. Dispositive Motions due by 5/28/2021. (cmadr, ) (Entered: 11/16/2020)

RECAP
47 Nov. 19, 2020

Unopposed MOTION for Leave to File Excess Pages by Defendant Frontier Airlines, Inc.. (Baumann, Stephen) (Entered: 11/19/2020)

RECAP
48 Nov. 19, 2020

ORDER granting 47 Motion for Leave to File Excess Pages. Defendant is granted leave to file a motion to dismiss that is no longer than 22 pages. SO ORDERED by Judge Raymond P. Moore on 11/19/2020. (Text Only Entry)(rmsec ) (Entered: 11/19/2020)

RECAP
49 Nov. 19, 2020

MOTION to Dismiss by Defendant Frontier Airlines, Inc.. (Baumann, Stephen) (Entered: 11/19/2020)

RECAP
Nov. 19, 2020

Order on Motion for Leave to File Excess Pages

50 Dec. 3, 2020

Joint MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Dismiss by Plaintiffs Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee Schwartzkopf. (Attachments: # 1 Proposed Order (PDF Only))(Jonat, Jayme) (Entered: 12/03/2020)

1 Proposed Order (PDF Only)

View on RECAP

RECAP
51 Dec. 3, 2020

Unopposed MOTION for Leave to File Excess Pages by Plaintiffs Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee Schwartzkopf. (Attachments: # 1 Proposed Order (PDF Only))(Jonat, Jayme) (Entered: 12/03/2020)

1 Proposed Order (PDF Only)

View on RECAP

RECAP
52 Dec. 3, 2020

ORDER granting 50 Motion for Extension of Time to File Response/Reply. Plaintiffs shall file their Response to Defendant's Motion to Dismiss on 12/24/2020, and Defendant shall file its reply brief on 1/21/2021. Entered by Judge Raymond P. Moore on 12/3/2020. Text Only Entry (cpear) (Entered: 12/03/2020)

RECAP
53 Dec. 3, 2020

ORDER granting 51 Motion for Leave to File Excess Pages. Plaintiffs may have up to and including 25 pages for their response to Defendant's Motion to Dismiss. Entered by Judge Raymond P. Moore on 12/3/2020. Text Only Entry (cpear) (Entered: 12/03/2020)

RECAP
Dec. 3, 2020

Order on Motion for Extension of Time to File Response/Reply

Dec. 3, 2020

Order on Motion for Leave to File Excess Pages

54 Dec. 23, 2020

BRIEF in Opposition to 49 MOTION to Dismiss filed by Plaintiffs Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee Schwartzkopf. (Jonat, Jayme) (Entered: 12/23/2020)

RECAP
55 Dec. 23, 2020

RESPONSE to 49 MOTION to Dismiss filed by Plaintiffs Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee Schwartzkopf. (Attachments: # 1 Exhibit A - Notices of Right to Sue)(Jonat, Jayme) (Entered: 12/23/2020)

1 Exhibit A - Notices of Right to Sue

View on RECAP

RECAP
56 Jan. 21, 2021

NOTICE of Entry of Appearance by Carolyn Bailey Theis on behalf of Frontier Airlines, Inc.Attorney Carolyn Bailey Theis added to party Frontier Airlines, Inc.(pty:dft) (Theis, Carolyn) (Entered: 01/21/2021)

RECAP
57 Jan. 21, 2021

REPLY to Response to 49 MOTION to Dismiss filed by Defendant Frontier Airlines, Inc.. (Baumann, Stephen) (Entered: 01/21/2021)

RECAP
58 Feb. 24, 2021

Minute ORDER by Magistrate Judge Michael E. Hegarty on 24 February 2021. At the request of the parties, the Status Conference set for February 25, 2021 is vacated and rescheduled for March 9, 2021 at 10:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel for the parties may appear at the conference either in person or by telephone. (cmadr, ) (Entered: 02/24/2021)

RECAP
59 March 2, 2021

Joint MOTION for Protective Order by Defendant Frontier Airlines, Inc.. (Attachments: # 1 Exhibit A)(Baumann, Stephen) (Entered: 03/02/2021)

1 Exhibit A

View on RECAP

RECAP
60 March 2, 2021

MEMORANDUM regarding 59 Joint MOTION for Protective Order filed by Frontier Airlines, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 3/2/2021. (Text Only Entry) (rmsec ) (Entered: 03/02/2021)

RECAP
March 2, 2021

Memorandum

61 March 4, 2021

Minute ORDER by Magistrate Judge Michael E. Hegarty on 4 March 2021. The parties' Joint Motion for Protective Order 59 is denied without prejudice, and the proposed Protective Order is refused. Finally, if the parties refile the Motion in accordance with this Order, they shall provide the Court with a copy of the proposed protective order in editable format (i.e., Word) by emailing it to hegarty_chambers@cod.uscourts.gov.(cmadr, ) (Entered: 03/04/2021)

RECAP
62 March 8, 2021

Joint MOTION for Protective Order by Defendant Frontier Airlines, Inc.. (Attachments: # 1 Exhibit A)(Baumann, Stephen) (Entered: 03/08/2021)

1 Exhibit A

View on RECAP

RECAP
63 March 9, 2021

MEMORANDUM regarding 62 Joint MOTION for Protective Order filed by Frontier Airlines, Inc.. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 3/9/2021. (Text Only Entry) (rmsec ) (Entered: 03/09/2021)

RECAP
64 March 9, 2021

COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 3/9/2021. FTR: A501. (cthom, ) (Entered: 03/09/2021)

RECAP
65 March 9, 2021

MINUTE ORDER granting 62 Motion for Protective Order by Magistrate Judge Michael E. Hegarty on 3/9/2021.(jgonz, ) (Entered: 03/09/2021)

RECAP
66 March 9, 2021

PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 3/9/2021. (jgonz, ) (Entered: 03/09/2021)

RECAP
March 9, 2021

Memorandum

67 March 13, 2021

ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Stephen E. Baumann, II was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred) (Entered: 03/13/2021)

RECAP
68 March 15, 2021

NOTICE of Entry of Appearance by Stephen E. Baumann, II on behalf of Frontier Airlines, Inc. (Baumann, Stephen) (Entered: 03/15/2021)

RECAP
69 March 19, 2021

Joint MOTION to Amend/Correct/Modify 46 Scheduling Order by Plaintiffs Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee Schwartzkopf. (Attachments: # 1 Proposed Order (PDF Only))(Sebaski, Karen) (Entered: 03/19/2021)

1 Proposed Order (PDF Only)

View on RECAP

RECAP
70 March 19, 2021

MEMORANDUM regarding 69 Joint MOTION to Amend/Correct/Modify 46 Scheduling Order filed by Renee Schwartzkopf, Melissa Hodgkins, Heather Crowe, Stacy Rewitzer. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 3/19/2021. (Text Only Entry) (rmsec ) (Entered: 03/19/2021)

RECAP
March 19, 2021

Memorandum

71 March 26, 2021

Minute ORDER by Magistrate Judge Michael E. Hegarty on 26 March 2021. For good cause shown, the parties' Joint Motion to Amend the Scheduling Order and Extend Case Management Deadlines 69 is granted. The parties' proposed Amended Scheduling Order is issued contemporaneously with this minute order.(cmadr, ) (Entered: 03/26/2021)

RECAP
72 March 26, 2021

AMENDED SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 26 March 2021. Discovery due by 12/29/2021. Dispositive Motions due by 1/28/2022. (cmadr, ) (Entered: 03/26/2021)

RECAP
73 April 20, 2021

Minute ORDER by Magistrate Judge Michael E. Hegarty on 20 April 2021. At the request of the parties, the Court will hold a Discovery Conference on May 3, 2021, at 11:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado.Counsel for and any unrepresented non-prisoner parties shall appear at the conference and may appear in person or by telephone. advance of the conference, the parties may each prepare a short statement identifying the nature of the dispute(s) and provide the statements and any other documents/information that may assist in the resolution of the issues by email to hegarty_chambers@cod.uscourts.gov. These materials shall be submitted before noon on April 30, 2021. (cmadr, ) (Entered: 04/20/2021)

RECAP
74 April 25, 2021

TRANSCRIPT of Scheduling Conference held on November 5, 2020 before Magistrate Judge Hegarty. Pages: 1-37. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 04/25/2021)

RECAP
75 May 3, 2021

COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Discovery Hearing held on 5/3/2021. FTR: A501. (cthom, ) (Entered: 05/03/2021)

RECAP
76 May 8, 2021

TRANSCRIPT of Discovery Conference held on May 3, 2021 before Magistrate Judge Hegarty. Pages: 1-72. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 05/08/2021)

RECAP
77 May 12, 2021

ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Vincent Gregory Levy was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Counsel, however, need not pay any delinquent biennial fees. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (tnguy) (Entered: 05/12/2021)

RECAP
78 May 12, 2021

ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Danielle L. Kitson was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Counsel, however, need not pay any delinquent biennial fees. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (tnguy) (Entered: 05/12/2021)

RECAP
79 May 14, 2021

NOTICE of Entry of Appearance by Vincent Gregory Levy on behalf of Heather Crowe, Melissa Hodgkins, Stacy Rewitzer, Renee Schwartzkopf (Levy, Vincent) (Entered: 05/14/2021)

RECAP
80 May 17, 2021

NOTICE of Entry of Appearance by Danielle L. Kitson on behalf of Frontier Airlines, Inc. (Kitson, Danielle) (Entered: 05/17/2021)

RECAP
81 June 14, 2021

Minute ORDER by Magistrate Judge Michael E. Hegarty on 14 June 2021. At the request of the parties, the Court will hold a Discovery Conference on June 21, 2021, at 3:30 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Litigants and counsel whose offices are located outside of the Denver metropolitan area or who cannot reasonably make a personal appearance may appear at the conference by telephone. Please contact Chambers at (303) 844-4507 at least two business days prior to the conference to arrange appearance by telephone. In advance of the conference, the parties may each prepare a short statement identifying the nature of the dispute(s) and provide the statements and any other documents/information that may assist in the resolution of the issues by email to hegarty_chambers@cod.uscourts.gov. These materials shall be submitted before noon on June 18, 2021. (cmadr, ) (Entered: 06/14/2021)

RECAP
82 June 16, 2021

Minute ORDER by Magistrate Judge Michael E. Hegarty on 16 June 2021. This matter comes before the Court pursuant to Plaintiffs' Counsel's (Galen Sherwin) request to appear at the upcoming Discovery Conference remotely. This Court's June 14, 2021 order (ECF 81 ) permits any counsel or litigant "whose offices are located outside of the Denver metropolitan area or who cannot reasonably make a personal appearance" to appear by telephone. Because Ms. Sherwin is located in New York, the Court grants her request to appear remotely. However, given the nature of the Discovery Conference, the Court would prefer her appearance by video as opposed to by telephone. Therefore, Ms. Sherwin may appear at the Conference using the instructions attached to this minute order as an exhibit. (Attachments: # 1 VTC Instructions) (cmadr, ) (Entered: 06/16/2021)

1 Exhibit

View on RECAP

RECAP
83 June 17, 2021

MINUTE ORDER re Plaintiffs Counsels request to appear at the upcoming Discovery Conference remotely, by Magistrate Judge Michael E. Hegarty on 6/17/2021. (jgonz, ) (Entered: 06/17/2021)

RECAP
84 June 21, 2021

COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Discovery Hearing held on 6/21/2021.FTR: A501. (Attachments: # 1 Instructions on how to Appear by Video) (cthom, ) (Entered: 06/21/2021)

1 Instructions on how to Appear by Video

View on RECAP

RECAP
85 July 6, 2021

MINUTE ORDER Discovery Hearing reset for 7/13/2021 at 02:00 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. ORDERED by Magistrate Judge Michael E. Hegarty on 7/6/2021. (Attachments: # 1 Exhibit) (cthom, ) (Entered: 07/06/2021)

1 Exhibit

View on RECAP

RECAP
86 July 13, 2021

Minute ORDER by Magistrate Judge Michael E. Hegarty on 13 July 2021. At the request of the parties, the Discovery Conference set for today, July 13, 2021, is vacated. If the parties desire to reset the conference, they shall comply with this Court's Practice Standards. (cmadr, ) (Entered: 07/13/2021)

RECAP
87 July 14, 2021

ORDER Denying 49 Frontier's Motion to Dismiss by Judge Raymond P. Moore on July 14, 2021.(rvill, ) (Entered: 07/14/2021)

RECAP
88 July 27, 2021

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Frontier Airlines, Inc.. (Kitson, Danielle) (Entered: 07/27/2021)

RECAP

Case Details

State / Territory:

Colorado

Case Type(s):

Equal Employment

Disability Rights

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Dec. 10, 2019

Closing Date: April 14, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pregnant and breastfeeding flight attendants of Frontier Airlines.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Private Entity/Person

Frontier Airlines

Defendant Type(s):

Transportation

Case Details

Causes of Action:

State Anti-Discrimination Law

State law

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

Other Dockets:

District of Colorado 1:19-cv-03469

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Disability and Disability Rights:

Reasonable Accommodations

Discrimination Area:

Accommodation / Leave

Disparate Impact

Disparate Treatment

Discrimination Basis:

Family discrimination

Pregnancy discrimination

Sex discrimination

Affected Sex/Gender(s):

Female

Reproductive rights:

Reproductive health care (including birth control, abortion, and others)

Recommended Citation