Case: EEOC v. WYETH PHARMACEUTICAL

2:03-cv-02967 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: May 7, 2003

Closed Date: Nov. 8, 2004

Clearinghouse coding complete

Case Summary

The Philadelphia District Office of the EEOC brought this action in the Eastern District of Pennsylvania, against Wyeth Pharmaceutical. The complaint was filed in May 2003; while we do not have access to that document, we know that the EEOC alleged that Wyeth had denied the complainant a promotion due to her race in violation of Title VII of the Civil Rights Act of 1964. In August 2003 the charging party intervened, adding a retaliation claim under Title VII and claims under Pennsylvania law.…

The Philadelphia District Office of the EEOC brought this action in the Eastern District of Pennsylvania, against Wyeth Pharmaceutical. The complaint was filed in May 2003; while we do not have access to that document, we know that the EEOC alleged that Wyeth had denied the complainant a promotion due to her race in violation of Title VII of the Civil Rights Act of 1964. In August 2003 the charging party intervened, adding a retaliation claim under Title VII and claims under Pennsylvania law. In January 2004 the Defendant moved for summary judgment. The Defendants motion for summary judgment was granted in part and denied in part in March 2004. 2004 WL 503417 (E.D.Pa.).

In October 2004 the parties notified the court that they had settled, and a settlement agreement was entered in November 2004. While do not have access to the settlement agreement, some of its provisions are described in the docket. Wyeth agreed not to discriminate or retaliate in violation of Title VII, and agreement would be in effect for two years, during which time the court would maintain jurisdiction in order to enforce the provisions of the agreement.

Summary Authors

Shankar Viswanathan (6/25/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11920760/parties/equal-employment-opportunity-commission-and-danita-kent-byrd-v-wyeth/


Judge(s)

Buckwalter, Ronald Lawrence (Pennsylvania)

Attorney for Plaintiff

COOK, TERRENCE R. (Pennsylvania)

MATOS, CARMEN L. (Pennsylvania)

MCNAIR, JACQUELINE H. (Pennsylvania)

O'BOYLE, JUDITH A. (Pennsylvania)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case

2:03-cv-02967

Docket [PACER]

EEOC and Danita Kent Byrd v. Wyeth Pharmaceutical

Nov. 8, 2004

Nov. 8, 2004

Docket
17

2:03-cv-02967

Opinion and Memorandum [Granting Partial Summary Judgment]

EEOC and Kent-Byrd v. Wyeth Pharmaceutical

March 11, 2004

March 11, 2004

Order/Opinion

2004 WL 503417

22

2:03-cv-02967

Order [Dismissing Action because of settlement]

EEOC vs. Wyeth Pharmaceuticals

Oct. 5, 2004

Oct. 5, 2004

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11920760/equal-employment-opportunity-commission-and-danita-kent-byrd-v-wyeth/

Last updated Oct. 6, 2026, 6:07 p.m.

Docket for: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND DANITA KENT BYRD v. WYETH PHARMACEUTICAL
ECF Number Date Description Link
1 May 7, 2003

COMPLAINT against WYETH PHARMACEUTICAL, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(iy, ) (Entered: 05/07/2003)

RECAP
May 7, 2003

1 Summons Issued as to WYETH PHARMACEUTICAL. Forwarded To: counsel on 5/7/03 (iy, ) (Entered: 05/07/2003)

PACER
May 7, 2003

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (iy, ) (Entered: 05/07/2003)

PACER
May 7, 2003

1 Summons Issued as to WYETH PHARMACEUTICAL. Forwarded To: counsel on 5/7/03 (iy, )

May 7, 2003

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (iy, )

2 May 30, 2003

SUMMONS Returned Executed by WYETH PHARMACEUTICAL re: GERALD TAYLOR served Summons and Complaint upon WYETH PHARMACEUTICAL by PERSONAL SERVICE. WYETH PHARMACEUTICAL served on 5/23/2003, answer due 6/12/2003. (jl, ) (Entered: 05/30/2003)

RECAP
3 June 12, 2003

NOTICE of Appearance by JOHN E. QUINN on behalf of WYETH PHARMACEUTICAL with CERTIFICATE OF SERVICE. (jl, ) Additional attachment(s) added on 6/30/2003 (cl, ). (Entered: 06/13/2003)

RECAP
4 June 12, 2003

ANSWER to Complaint together with AFFIRMATIVE DEFENSES, CERTIFICATE OF SERVICE. by WYETH PHARMACEUTICAL.(jl, ) Additional attachment(s) added on 6/30/2003 (cl, ). (Entered: 06/13/2003)

RECAP
June 12, 2003

Issue Joined (jl, ) (Entered: 06/13/2003)

PACER
June 12, 2003

Issue Joined (jl, )

5 July 18, 2003

MOTION TO INTERVENE AS PARTY PLAINTIFF FILED BY DANITA KENT BYRD PURSAUNT TO F.R.C.P. 24 (a), MEMORANDUM, CERTIFICATE OF SERVICE. (Complaint of Intervenor Danita Kent Byrd attached)..(jl, ) (Entered: 07/18/2003)

RECAP
6 July 23, 2003

JOINT PROPOSED DISCOVERY PLAN UNDER RULE 26 (f) THAT CLOSE OF DISCOVERY IS 10/20/03; DISPOSITIVE MOTIONS DUE TO BE FILED WITH THE COURTY BY 11/20/03; ETC.. SIGNED BY JUDGE RONALD L. BUCKWALTER ON 7/23/03. 7/23/03 ENTERED AND COPIES MAILED.(jl, ) (Entered: 07/23/2003)

RECAP
7 Aug. 4, 2003

WYETH PHARMACEUTICAL RESPONSE TO MOTION TO INTERVENE AS PARTY PLAINTIFF FILED BY DANITA KENT-BYRD, CERTIFICATE OF SERVICE. (jl, ) (Entered: 08/05/2003)

RECAP
8 Aug. 6, 2003

ORDER THAT PLAINTIFF'INTERVENOR'S MOTION TO INTERVENE AS PARTY PLAINTIFF IS GRANTED. THE CLERK OF COURT IS DIRECTED TO FILE THE COMPLAINT OF INTERVENOR WITH THE COURT. THE CLERK SHALL AMEND THE CAPTION OF THE CASE TO READ: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF AND DANITA KENT BYRD, PLAINTIFF-INTERVENOR V. WYETH PHARMACEUTICALS, INC. DEFENDANT. SIGNED BY JUDGE RONALD L. BUCKWALTER ON 08/06/03.08/07/03 ENTERED AND COPIES MAILED BY CHAMBERS. (ar, ) (Entered: 08/07/2003)

RECAP
9 Aug. 6, 2003

INTERVENOR COMPLAINT FILED BY DANITA KENT BYRD.(ar, ) (Entered: 08/07/2003)

RECAP
10 Aug. 26, 2003

ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT WYETH PHARMACEUTICALS, INC. TO COMPLAINT OF INTERVENOR DANITA KENT-BYRD, CERTIFICATE OF SERVICE.(jl, ) (Entered: 08/27/2003)

RECAP
Aug. 26, 2003

Issue Joined (jl, ) (Entered: 08/27/2003)

PACER
Aug. 26, 2003

Issue Joined (jl, )

11 Sept. 16, 2003

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNCONTESTED MOTION FOR ENTRY OF A REVISED SCHEDULING ORDER, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE..(jl, ) (Entered: 09/16/2003)

RECAP
12 Sept. 17, 2003

ORDER THAT PLAINTIFF EEOC'S UNCONTESTED MOTION FOR ENTRY OF A REVISED SCHEDULING ORDER IS GRANTED; DISCOVERY IS DUE BY 12/19/03; DISPOSITIVE MOTIONS MUST BE FILED BY 1/19/04; ETC.. SIGNED BY JUDGE RONALD L. BUCKWALTER ON 9/17/03. 9/17/03 ENTERED AND COPIES MAILED.(jl, ) (Entered: 09/17/2003)

RECAP
13 Jan. 20, 2004

WYETH PHARMACEUTICAL MOTION FOR SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE..(jl, ) Additional attachment(s) added on 1/27/2004 (jl, ). Additional attachment(s) added on 1/27/2004 (jl, ). (Entered: 01/21/2004)

RECAP
14 Feb. 5, 2004

ORDER THAT 2/5/04 THAT PLAINTIFF EEOC AND PLAINTIFF INTERVENOR SHAL HAVE UP TO AND INCLUDING 2/20/04 TO RESPOND TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IN THE ABOVE CAPTIONED MATTER; ETC.. SIGNED BY JUDGE RONALD L. BUCKWALTER ON 2/5/04. 2/5/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 02/05/2004)

RECAP
15 Feb. 20, 2004

DANITA KENT BYRD, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE, MEMORANDUM, AFFIDAVITS. (jl, ) (Entered: 02/23/2004)

RECAP
16 March 2, 2004

WYETH PHARMACEUTICAL REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 03/03/2004)

RECAP
17 March 11, 2004

MEMORANDUM AND ORDER THAT DEFENDANT WYETH PHARMACEUTICAL'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. WITH REGARD TO PLAINTIFF'S INTERVEOR'S RETALIATION CLAIMS, DEFENDANT'S MOTION IS GRANTED AND JUDGMENT IS ENTERED ON BEHALF OF DEFENDANT AND AGAINST PLAINTIFF-INTERVENOR. WITH REGARD TO ALL OTHER CLAIMS, DEFENDANT'S MOTION IS DENIED; ETC.. SIGNED BY JUDGE RONALD L. BUCKWALTER ON 3/11/04. 3/11/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 03/11/2004)

RECAP
18 March 12, 2004

DANITA KENT BYRD SURREPLY IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 03/12/2004)

RECAP
19 June 23, 2004

ORDER THAT TRIAL IN THE ABOVE CAPTIONED MATTER IS SCHEDULED FOR 10/5/04 AT 9:30 IN COURTROOM 14A; ETC.. SIGNED BY JUDGE RONALD L. BUCKWALTER ON 6/23/04. 6/23/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 06/23/2004)

RECAP
20 July 23, 2004

ORDER THAT A SETTLEMENT CONFERENCE SET FOR 8/20/2004 10:00 AM BEFORE MAGISTRATE M. FAITH ANGELL. (SIGNED BY JUDGE M. FAITH ANGELL) ON 07/23/04; 07/26/04 ENTERED AND COPIES FAXED BY CHAMBERS ON 07/26/04. (np) (Entered: 07/27/2004)

RECAP
21 Sept. 1, 2004

ORDER THAT A SECOND SETTLEMENT CONFERENCE WILL BE HELD ON 8/23/04 AT 2:00 IN COURTROOM 3-H; ETC. . SIGNED BY JUDGE RONALD L. BUCKWALTER ON 8/20/04. 9/1/04 ENTERED AND FAXED BY CHAMBERS.(jl, ) (Entered: 09/01/2004)

RECAP
22 Oct. 5, 2004

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE RONALD L. BUCKWALTER ON 10/05/2004. 10052004 ENTERED AND COPIES MAILED AND FAXED.(mh, ) (Entered: 10/05/2004)

RECAP
23 Nov. 8, 2004

SETTLEMENT AGREEMENT ORDER THAT THIS AGREEMENT IS FINAL AND BINDING BETWEEN THE PARTIES SIGNATORY HERETO AS TO ALL ISSUED RAISED IN THE COMMISSION COMPLAINT FILED IN CIVIL ACTION NUMBER 03-2967. THIS AGREEMENT IS ENTERED INTO IN COMPROMISE OF THE CLAIMS ASSERTED IN THIS CIVIL ACTION AND IS NEITHER INTENDED NOR CONSTRUED AS AN ADMISSION OF LIABILITY BY DEFENDANT, WHICH HAS DENIED ANY AND ALL LIABILITY. THE PARTIES STIPULATED THAT, PURSUANT TO 28 U.S.C. &1331, THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HAS JURISDICTION OVER BOTH THE SUBJECT MATTER AND THE PARTIES IN THIS CASE. THE PARTIES STIPULATE THAT VENUE IS APPROPRIATE IN THE EASTERN DISTRICT OF PENNSYLVANIA. DEFENDANT AGREES TO COMPLY FULLY WITH ALL OF THE PROVISIONS OF TITLE VII, INCLUDING ITS ANTI-RETALIATION PROVISIONS. THE PARTIES AGREE THAT THE COURT SHALL RETAIN JURISDICTION OVER THE AGREEMENT FOR A PERIOD OF TWO YEARS AFTER THE COURT'S APPROVAL OF THIS AGREEMENT IN ORDER TO ENFORCE ITS PROVISIONS, SHOULD IT BECOME NECESSARY; ETC.. SIGNED BY JUDGE RONALD L. BUCKWALTER ON 11/8/04. 11/8/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 11/08/2004)

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 7, 2003

Closing Date: Nov. 8, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Wyeth Pharmaceutical

Case Details

Causes of Action:

State Anti-Discrimination Law

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

Other Dockets:

Eastern District of Pennsylvania 2:03-cv-02967

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Order Duration: 2004 - 2006

Issues

Discrimination Area:

Disparate Treatment

Promotion

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation