Case: Newsome v. Philadelphia

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

Filed Date: Nov. 26, 2019

Case Ongoing

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 putative class 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…

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 putative class 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.

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. As of March 13, 2021, this case is ongoing.

Summary Authors

Lauren Yu (3/6/2021)

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)

Attorneys(s) for Plaintiff

Bryson, Ian M (Pennsylvania)

Attorneys(s) for Defendant

Unterburger, Daniel R (Pennsylvania)

Judge(s)

Baylson, Michael M. (Pennsylvania)

Attorneys(s) for Plaintiff

Bryson, Ian M (Pennsylvania)

Attorneys(s) for Defendant

Unterburger, Daniel R (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

Newsome v. City of Philadelphia

Jan. 7, 2021 Docket
1

Collective Action Complaint for Declaratory Judgment, Injunctive Relief and Damages

Newsome v. City of Philadelphia

Nov. 26, 2019 Complaint
6

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

Newsome v. City of Philadelphia

Feb. 17, 2020 Complaint
17

Memorandum

Newsome v. City of Philadelphia

500 F.Supp.3d 336, 2020 WL 6730946

Nov. 12, 2020 Order/Opinion
19

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

Newsome v. City of Philadelphia

Dec. 12, 2020 Complaint

Docket

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

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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

Nov. 26, 2019 RECAP

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

Nov. 26, 2019 PACER

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

Nov. 26, 2019 PACER

Summons Issued

Nov. 29, 2019 PACER

Jury Demand

Nov. 29, 2019 PACER
2

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)

Dec. 3, 2019 PACER
3

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

Dec. 27, 2019 PACER
4

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)

Feb. 3, 2020 PACER
5

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

Feb. 17, 2020 PACER
6

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

Feb. 17, 2020 RECAP
7

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)

March 2, 2020 PACER
8

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)

March 2, 2020 PACER
9

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

March 16, 2020 PACER
10

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)

March 16, 2020 PACER
11

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)

March 25, 2020 PACER
12

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)

July 30, 2020 PACER
13

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)

Aug. 21, 2020 PACER
14

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)

Oct. 13, 2020 PACER
15

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)

Oct. 14, 2020 PACER
16

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)

Nov. 4, 2020 PACER
17

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

Nov. 12, 2020 RECAP
18

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)

Nov. 12, 2020 RECAP
19

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

Dec. 12, 2020 RECAP
20

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)

Dec. 24, 2020 PACER
21

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)

Jan. 7, 2021 PACER
22

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

July 6, 2021 RECAP
23

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)

July 6, 2021 RECAP
24

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

July 7, 2021 PACER
25

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

July 7, 2021 PACER
26

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)

July 21, 2021 PACER
27

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

Aug. 20, 2021 RECAP
28

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)

Aug. 20, 2021 RECAP
29

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

Nov. 23, 2021 PACER
30

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)

Nov. 24, 2021 PACER
31

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)

Dec. 1, 2021 PACER
32

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

Dec. 2, 2021 PACER
33

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

Dec. 2, 2021 RECAP
34

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)

Dec. 3, 2021 PACER
35

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

Dec. 3, 2021 PACER
36

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)

Dec. 3, 2021 PACER
37

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)

Dec. 3, 2021 PACER
38

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)

Dec. 7, 2021 PACER
39

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)

Dec. 7, 2021 PACER
40

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

Dec. 7, 2021 PACER
41

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

Dec. 13, 2021 RECAP
42

Reply to Response to Motion

Dec. 21, 2021 PACER
43

Notice of Hearing

Jan. 3, 2022 PACER
44

Notice of Hearing on Motion

Feb. 25, 2022 PACER
45

Compel

Feb. 28, 2022 PACER
46

1 - Terminate Hearings AND Motion Hearing

March 4, 2022 PACER
47

Order

March 4, 2022 PACER
48

Notice of Appearance

March 9, 2022 PACER
49

Notice of Appearance

March 9, 2022 PACER
50

Notice of Hearing

March 28, 2022 PACER
51

Order

March 29, 2022 PACER
52

Notice of Withdrawal of Appearance

March 30, 2022 PACER
53

Notice of Hearing

April 6, 2022 PACER
54

Status Conference

April 18, 2022 PACER
55

Order

April 18, 2022 PACER
56

Notice of Hearing

April 27, 2022 PACER
57

~Util - Set Hearings AND Order

May 3, 2022 PACER
58

Order AND ~Util - Set Hearings

May 4, 2022 PACER
59

Settlement Conference

May 4, 2022 PACER

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Key Dates

Filing Date: Nov. 26, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All female police officers who have worked for the Philadelphia Police Department during the preceding three years.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Philadelphia (Philadelphia, Philadelphia), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

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

State Anti-Discrimination Law

Constitutional Clause(s):

Equal Protection

Petitions clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Pay / Benefits

Promotion

Training

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female