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)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC and Danita Kent Byrd v. Wyeth Pharmaceutical

Nov. 8, 2004 Docket
17

Opinion and Memorandum [Granting Partial Summary Judgment]

EEOC and Kent-Byrd v. Wyeth Pharmaceutical

2004 WL 503417, 2004 U.S.Dist.LEXIS 4382

March 11, 2004 Order/Opinion
22

Order [Dismissing Action because of settlement]

EEOC vs. Wyeth Pharmaceuticals

Oct. 5, 2004 Order/Opinion

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

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

ECF Number Description Date Link
1

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

May 7, 2003

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

May 7, 2003

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

May 7, 2003
2

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)

May 30, 2003
4

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)

June 12, 2003

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

June 12, 2003
5

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)

July 18, 2003
6

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)

July 23, 2003
7

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

Aug. 4, 2003
8

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)

Aug. 6, 2003
9

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

Aug. 6, 2003
10

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

Aug. 26, 2003

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

Aug. 26, 2003
11

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

Sept. 16, 2003
12

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)

Sept. 17, 2003
14

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)

Feb. 5, 2004
15

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)

Feb. 20, 2004
16

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

March 2, 2004
17

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)

March 11, 2004
18

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

March 12, 2004
19

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)

June 23, 2004
20

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)

July 23, 2004
21

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)

Sept. 1, 2004
22

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)

Oct. 5, 2004

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

Wyeth Pharmaceutical, Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 2004 - 2006

Content of Injunction:

Retaliation Prohibition

Discrimination Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit