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/


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Documents in the Clearinghouse

Document
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 2021

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 March 6, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

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 PACER

Dec. 10, 2019

Dec. 10, 2019

Clearinghouse

Minute Order

Dec. 10, 2019

Dec. 10, 2019

PACER

Order Referring Case to Magistrate Judge

Dec. 10, 2019

Dec. 10, 2019

PACER
2

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

Dec. 10, 2019

Dec. 10, 2019

PACER
3

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)

Dec. 10, 2019

Dec. 10, 2019

PACER
4

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)

Dec. 10, 2019

Dec. 10, 2019

PACER
5

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)

Dec. 10, 2019

Dec. 10, 2019

PACER
6

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)

Dec. 10, 2019

Dec. 10, 2019

PACER
7

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

Dec. 10, 2019

Dec. 10, 2019

PACER
8

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

1 Magistrate Judge Consent Form

View on PACER

Dec. 10, 2019

Dec. 10, 2019

RECAP
9

ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. ยง 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)

Dec. 10, 2019

Dec. 10, 2019

PACER
10

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)

Dec. 10, 2019

Dec. 10, 2019

PACER
11

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

Dec. 11, 2019

Dec. 11, 2019

PACER

Order Referring Case to Magistrate Judge

Dec. 11, 2019

Dec. 11, 2019

PACER
12

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)

Dec. 11, 2019

Dec. 11, 2019

PACER
13

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. ยง 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)

Dec. 11, 2019

Dec. 11, 2019

PACER
14

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)

Dec. 11, 2019

Dec. 11, 2019

PACER
15

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)

Dec. 12, 2019

Dec. 12, 2019

PACER
16

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)

Dec. 17, 2019

Dec. 17, 2019

PACER
17

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)

Dec. 21, 2019

Dec. 21, 2019

PACER
18

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)

Dec. 21, 2019

Dec. 21, 2019

PACER
19

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)

Dec. 23, 2019

Dec. 23, 2019

PACER
20

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)

Jan. 7, 2020

Jan. 7, 2020

PACER
21

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)

Feb. 3, 2020

Feb. 3, 2020

PACER
22

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)

Feb. 4, 2020

Feb. 4, 2020

PACER

Memorandum

Feb. 4, 2020

Feb. 4, 2020

PACER
23

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)

Feb. 4, 2020

Feb. 4, 2020

PACER
24

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)

Feb. 7, 2020

Feb. 7, 2020

PACER
25

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)

Feb. 10, 2020

Feb. 10, 2020

PACER
26

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)

Feb. 28, 2020

Feb. 28, 2020

PACER
27

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

March 9, 2020

March 9, 2020

PACER
28

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)

March 10, 2020

March 10, 2020

PACER

Memorandum

March 10, 2020

March 10, 2020

PACER
29

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)

March 10, 2020

March 10, 2020

PACER
30

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)

May 14, 2020

May 14, 2020

PACER
31

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)

May 15, 2020

May 15, 2020

PACER
32

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)

May 27, 2020

May 27, 2020

PACER
33

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)

May 27, 2020

May 27, 2020

PACER

Memorandum

May 27, 2020

May 27, 2020

PACER
34

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)

May 28, 2020

May 28, 2020

PACER
35

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)

June 29, 2020

June 29, 2020

PACER
36

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

June 29, 2020

June 29, 2020

PACER
37

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)

July 21, 2020

July 21, 2020

PACER
38

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)

Sept. 1, 2020

Sept. 1, 2020

PACER
39

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)

Sept. 24, 2020

Sept. 24, 2020

PACER
40

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)

Oct. 6, 2020

Oct. 6, 2020

PACER
41

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)

Oct. 19, 2020

Oct. 19, 2020

PACER
42

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

Oct. 29, 2020

Oct. 29, 2020

PACER
43

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)

Nov. 2, 2020

Nov. 2, 2020

PACER
44

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)

Nov. 5, 2020

Nov. 5, 2020

PACER
45

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

Nov. 9, 2020

Nov. 9, 2020

PACER
46

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)

Nov. 16, 2020

Nov. 16, 2020

PACER
47

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

Nov. 19, 2020

Nov. 19, 2020

PACER
48

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)

Nov. 19, 2020

Nov. 19, 2020

PACER
49

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

Nov. 19, 2020

Nov. 19, 2020

PACER

Order on Motion for Leave to File Excess Pages

Nov. 19, 2020

Nov. 19, 2020

PACER
50

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)

Dec. 3, 2020

Dec. 3, 2020

PACER
51

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)

Dec. 3, 2020

Dec. 3, 2020

PACER
52

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)

Dec. 3, 2020

Dec. 3, 2020

PACER
53

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)

Dec. 3, 2020

Dec. 3, 2020

PACER

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

Dec. 3, 2020

Dec. 3, 2020

PACER

Order on Motion for Leave to File Excess Pages

Dec. 3, 2020

Dec. 3, 2020

PACER
54

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)

Dec. 23, 2020

Dec. 23, 2020

PACER
55

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)

Dec. 23, 2020

Dec. 23, 2020

PACER
56

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)

Jan. 21, 2021

Jan. 21, 2021

PACER
57

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

Jan. 21, 2021

Jan. 21, 2021

PACER
58

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)

Feb. 24, 2021

Feb. 24, 2021

PACER
59

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

March 2, 2021

March 2, 2021

PACER
60

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)

March 2, 2021

March 2, 2021

PACER

Memorandum

March 2, 2021

March 2, 2021

PACER
61

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)

March 4, 2021

March 4, 2021

PACER
62

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

March 8, 2021

March 8, 2021

PACER
63

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)

March 9, 2021

March 9, 2021

PACER
64

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)

March 9, 2021

March 9, 2021

PACER
65

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

March 9, 2021

March 9, 2021

PACER
66

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

March 9, 2021

March 9, 2021

RECAP

Memorandum

March 9, 2021

March 9, 2021

PACER
67

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)

March 13, 2021

March 13, 2021

PACER
68

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

March 15, 2021

March 15, 2021

PACER
69

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)

March 19, 2021

March 19, 2021

PACER
70

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)

March 19, 2021

March 19, 2021

PACER

Memorandum

March 19, 2021

March 19, 2021

PACER
71

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)

March 26, 2021

March 26, 2021

PACER
72

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)

March 26, 2021

March 26, 2021

PACER
73

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)

April 20, 2021

April 20, 2021

PACER
74

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)

April 25, 2021

April 25, 2021

PACER
75

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)

May 3, 2021

May 3, 2021

PACER
76

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)

May 8, 2021

May 8, 2021

PACER
77

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)

May 12, 2021

May 12, 2021

PACER
78

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)

May 12, 2021

May 12, 2021

PACER
79

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)

May 14, 2021

May 14, 2021

PACER
80

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

May 17, 2021

May 17, 2021

PACER
81

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)

June 14, 2021

June 14, 2021

PACER
82

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)

June 16, 2021

June 16, 2021

PACER
83

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)

June 17, 2021

June 17, 2021

PACER
84

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)

June 21, 2021

June 21, 2021

PACER
85

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)

July 6, 2021

July 6, 2021

PACER
86

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)

July 13, 2021

July 13, 2021

PACER
87

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

July 14, 2021

July 14, 2021

Clearinghouse
88

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)

July 27, 2021

July 27, 2021

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Equal Employment

Disability Rights

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 National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Frontier Airlines, Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

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)