Case 2:14-cv-04084-NS Document 1 Filed 07/03/14 ...

Case 2:14-cv-04084-NS Document 1 Filed 07/03/14 Page 1 of 9
JS44
CryIL COVER SHEET
(Rev. l2l12)
TheJS44civi|coversheetandtheinformationcontainedhereinneitherreotacenorsuDDlementtheflingandserviceofp|eadingsorotherpap'''rsasrequired
providedbylocalrulesol.court.Thisform,approvedbytheJudicia|Con|.i:renceo|th6UnitedStatesinSeptemberl974,isrequiredfortheust:oftheClerkofCoufbrthe
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE oF THIS FORM.)
L (a) PLAINTIFFS
DEFENDANTS
NEW JERSEY TRANSIT RAIL OPERAT'IONS, INC., AND JAMES
HOLLINGER NEW JERSEY TRANSIT FTAIL OPERATIONS INC.
WANDA TATE.LINTON
(b)
County ofResidence ofFirst Listed Defendant
(IN U,S. PUINTIFF CAS]':S QNLY)
NOTE: IN LAND CONDEMNATION CASES' USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF C.4SES)
J
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e
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b e
Attorneys (If Known)
r)
KELLER & GOGGIN, P.C., 1528 WALNUT STREET, SUITE
PHILADELPHIA, PA 19102 (215) 735-8780
II.
BASIS OF JURISDICTION
9OO
III.
frra"e a n "x" in one Box onty)
CITIZENSHIP OF PRINCIPAL PARTII1S
(For Diversity Cases Only)
X3
Govemment
Ptainliff
0 I
U.S.
PTF DEF
0 I
CitizenofThisSlate Dl
Federal Question
(U.5. Government Not a Party)
etace 4n
"x"
and One Box
ia one Box for Ptaintill
for
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DEF
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4
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5
of Business In This State
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2
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U.S. Government
Defendant
CitizenofAnotherState tr 2
Diversity
(lndicate Citizenship ol Pafiies in Item III)
e
0
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120
Marine
3
3
130
Miller Act
D
3 15
D
D
O
D
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l0
lnsurance
Negotiabte Instroment
150 Recovery of0verpayment
& Elforcement of Judgment
l5l MedicareAct
152 Recovery of Defaulted
lJ
d
365 Personal lnjury Product Liability
O
367 Health Care/
Pharmaceutical
320 Assault, Libel &
Slander
330 Federal Employers'
340
345
Mrine
Mtrire Product
olProperly 2l USC
O
fl
362 Penonal Injury -
D
0
il
D
Injury
210 Land Condemnation
D
220 Foreolosue
230 Rent Lcase & Ejectmeni
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
D
D
D
D
O
D
440 Other Civil Rights
441 Votirg
0
442 Employment
443 Housing/
O
D
O
Accommodations
O 445 Amer. w/Disabilities Employment
O 446 Amer. w,/Disabilities Other
0 448 Education
881
O 6
ForeignNation
3
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0
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710 Fair Labor Slandards
D
D
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3T0OtherFraud
371 Truth in Lending
o
720 Labor/lr4aragemenl
Rclations
380 Other Personal
Propefiy Damage
385 Property Damage
Produot Liability
D 740 Railway Labor Act
D 751FamilyandMedical
J6
Other:
Mandamus & Other
Civil Rights
D
D
3T5FalseClaimsAct
O
400 State Reapportionment
410 Antihust
D
820 Copyrights
830 Patent
840 Trademark
861
862
863
864
865
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I
fl
3
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450 Commerce
460 Deportation
470 Racketeer Influenced and
Compt Organizations
480 ConsumerCredit
HIA (l39sff)
Black Lung (923)
DIWC/DIWW (a0s($)
SSID TitIC XVI
RSI (40s(g))
D
870 Taxes (IJ.S. Plaintiff
or Defendatrt)
3
871
IRS-ThirdParty
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Other Stalutory Actions
D
D
D
890
891
893
895
O
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896 Arbitration
899 Administmtive Procedure
D
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Agency Decision
950 Constitutionality of
Agdcultual Acts
Environmental Matten
Freedom oflnformation
Act
State Statutes
26 USC 7609
D
D
430BmksandBanking
D
D 49ocable/SatTv
O 850 Securities/Commodities/
Leave Aot
790 Other LaborLitigalion
791 Emptoyee Retirement
Income Security Act
Habeas Corpus:
463 Alien Detaitree
510 Motiotrs to Vacate
Sentence
530 General
535 Death Penalty
158
28 USC t57
Product Liability
368 Asbestos Personal
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540
550
555
560
D 422Appeal28USC
D 423 With&awal
O
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690 Other
Liability
PERSONAL PROPERTY
350 Motor Vehicle
355 Motor Vehicle
Product Liability
160 Other Personal
196 Franchise
625 Drug Related Seizure
Pe$onal Injury
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153 Recovery
D
D
PERSONAL INJURY
D
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Liability
fl
O
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O 195 Contact Product Liability
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ofVeteran's Benefits
160 Stockholders' Suits
"X
PERSONAL INJURY
l0 Airplane
140
Student Loans
(Excludes Veterans)
rn
Place O 5
ofBusiness In Another State
Citizen or Subject
IV. NATURE OF SUIT
Incorporated drd Principal
D
462 Naturalization Applic
465 Other Immigratior
Actions
Prison Condition
Civit Detainee -
Conditions of
Confioement
V. ORIGIN (Place an "x" in one Box only)
!t Original D2 Removedfronr
Proceedins. State Court
D 3
Remanded from
O 4 Reinstatedor
Appellate Court
Ppnnpnp,l
rwvPw'rvv
5
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D6
Multi,listrict
Litiga.tion
Another District
Cite the U.S. Civil Starute under which vou are fllins (Do not cite iurisdictionul stottttes ttnless diversity)i
VI.
VII.
CAUSE OF ACTION
REQUESTED IN
FEDERAL EMPLOYER LIABILIfY ACT. SEX DISCRIMINATION IN EMPLOYMENT
Brief description of cause:
I cuncrr
COMPLAINT:
VIII. RELATED CASE(S)
IFANY
RECEIPT #
AMOUNT
rHrs rs ACLASS ACTToN
LTNDER RULE 23, F.R.Cv.P,
(See
inslru.tions):
DEMAND
$
CHECK YES only if demanded in complaint
JURYDEMAND: XYes
DOCKETNUMBER
APPLYING
MAC, JUDGE
oNo
Case 2:14-cv-04084-NS Document 1 Filed 07/03/14 Page 2 of 9
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
WANDA TATE-LINTON
3501 Woodhaven Road
Philadelphia, PA 19154
CNIL ACTION NO.:
VS.
NEW JERSEY TRANSIT RAIL
OPERATIONS, INC. (NJTRO)
One Penn Plaza East
Newark,
NJ
07105-2246
VS.
JAMES HOLLINGER
NEW JERSEY TRANSIT RAIL
OPERATIONS,INC.
One Penn PlazaEast
Newark, NJ 07105-2246
COMPLAINT
Plaintifl Wanda Tate-Linton alleses:
JURISDICTION AND VENUE
1.
The jurisdiction of this Court over the subject matter of this action is predicated on 42
U.S.C. Section 2000e-5(f)(3),28 U.S.C. Section 1331, diversity between Plaintiff and Defendant
NJTRO, and principles of pendent jurisdiction over cases arising under federal lau'.
2.
Venue is proper in the Eastem District of Pennsylvania pursuant to 45 IJ.S.C. Section
56, because NJTRO has significant business operations within the Eastern District.
PARTIES
3.
Plaintiff Wanda Tate-Linton is and at all times mentioned herein was an
African-American female residing in the County of Philadelphia, Commonwealth c,f Pennsylvania
and was employed by defendant New Jersey Transit Rail Operations, Inc.
4.
.'NJT").
Defendant New Jersey Transit Rail Operations, Inc. (hereinafter referred to as
Case 2:14-cv-04084-NS Document 1 Filed 07/03/14 Page 3 of 9
is and at all times was a corporation that employed fifteen or more employees for 20 or more weeks
each calendat year and was engaged in interstate commerce
Civil Rights Act of 1964,
5.
within the meaning of 'Iitle VII of the
as amended, 42 U.S.C. Section 2000e.
Defendant NJTRO operates a passenger railroad in and between the states
of
Pennsylvania, New York and New Jersey and is subject to the provisions of the Fe,Ceral
Employers' Liability Act 45 U.S.C. Section 5I et seq.
6. Defendant James Hollinger,
Inc.,
is an employee of New Jersey Transit Rail Operations,
whose activities subject to this complaint occurred while working for NJTRtf on NJTRO's
property.
7. Plaintiff
is informed and believes, and based thereon alleges that each defendant is the
agent, servant, employee, successor in interest, co-conspirator, and/or alter ego of every other
defendant, and that, in doing the acts alleged herein, each defendant acted as the agent of and
with
the consent, knowledge, authorization, and/or ratification of every other defendant herein.
8.
Plaintiff is informed and believes and based thereon alleges that defenda.nt was in some
manner intentionally and/or negligently and legally responsible for the events and happenings
alleged in this Complaint and for
plaintiff
s
injuries and damages.
FACTS
FIRST CAUSE OF ACTION
(Federal Employers' Liabilify Act, U.S.C.A. Title 450 Sec 51 et
sec1.)
Plaintiff v. Defendant, NJTRO
9.
Plaintiff repeats and realleges the allegations contained in paragraphs
and incorporates the same by reference as though set forth
10. The action arises under the
1
- 8 inclusive,
fully herein.
Act of Congress, April 22,1908, c.149,35 Stat. 65, and
amendments thereto, U.S.C.A. Title 45, Sec 51 et seq., and further amended by the Act
Congress, approved by the President of the United States on August
Il,1939, Chapter 685 - First
Session of the 76th Congress, known and cited as "The Federal Employers'
1
1.
All the acts alleged to have
of
Liability Act"
been done or not to have been done by the Defendant were
done or not done by the Defendant, its agents, servants, workmen andlor employees acting in the
course and scope of its employment for and on behalf of the Defendant.
Case 2:14-cv-04084-NS Document 1 Filed 07/03/14 Page 4 of 9
12.
At all time material hereto, Plaintiff was employed by Defendant antl was subjected
to harmful, illegal and improper sexual discrimination by, among other things, her supervisor, a
senior employee of Defendant NJTRO, repeatedly engaged in unwarranted and uniustified
conduct by suneptitiously taking photographs up Plaintiff s skirt without her permission.
13.
Plaintiff reported Defendant Supervisor Hollinger's misconduct to other senior
employees of Defendant who did not properly report or remedy the situation.
14,
Plaintiff was subjected to retaliation when it became known to Deft:ndant
Supervisor Hollinger that Plaintiff was making inquiries as to her right to be free from such
unwarranted and unj ustified behaviors.
13.
alia:
The negligence and carelessness of the Defendant consisted of the lbllowing, inter
a)
Failing to provide Plaintiff with a safe place to work;
b)
Failing to keep the workplace free from sexual intimidation and
harassment, sexual abuse;
c)
Negligent failure to provide a workplace free of tortious intr:rference with
her body and person;
0
with
a workplace free
g)
Negligent failure to supervise managerial employees so as to provide her
of tortious physical contact with her body and menaces to h,:r person;
Intentional infliction of emotional distress in allowing Defendant
Hollinger's conduct to exist and persist;
h)
Negligent infliction of emotional distress in allowing Defendant
Hollinger's conduct to exist and persist;
SECOND CAUSE OF ACTION
(Sex Discrimination in Employment, 42 U.S.C. Section 2000e, et seq.)
Plaintiff v. all Defendants
Case 2:14-cv-04084-NS Document 1 Filed 07/03/14 Page 5 of 9
14.
Plaintiff repeats and realleges the allegations contained in paragraphs
and incorporates the same by reference as though set forth
15.
1
-
13 inclusive,
fully herein.
In July 2012, Plaintiff was subjected to a caustic, hostile, and illegal work
environment where sexual harassment was open, pervasive and of such severity thirt employees
and management could not have been unaware of the illegal activities taking place,
16.
Plaintiff was repeatedly and improperly the subject of
a number
of upskirt
photographs suneptitiously taken by co-worker James Hollinger, a NJTRO supervisor, who was
popular and friendly with management and other workers.
17.
The conduct was reported to several senior employees of Defendanl. without
remedy, discipline or avail.
18.
Plaintiff was then subject to retaliation by her supervisor after he leiirned that
Plaintiff sought information about protecting herself from Defendant Hollinger's abuses.
19.
Plaintiff has been forced to take a number of days off to deal with tlie trauma
stemming from Defendants' misconduct which has caused and may cause future financial harm.
20.
Defendants' engaged in serious misconduct which may have causecl serious
emotional and financial harms with physical manifestations, all or some of which rnay be
permanent in nature.
2L
Defendant, directly and through employees and agents, subjected plaintiff to
unlawful sexual harassment in violation of Title VII of the Civil Rights Act, 42 U.iS.C. Section
200e et seq., in that
plaintiff
s acceptance
of harassment by defendant was an express and implied
condition to the receipt of certain job benefits, and defendant's harassment of plairLtiff was the
cause of tangible
22.
job detriments to plaintiff.
The acts described above also created a hostile and sexually offensive working
environment for plaintiff.
23.
24.
Plaintiff has exhausted all administrative remedies.
As a direct and proximate result of defendant's actions, plaintiff har; suffered and
will continue to suffer emotional distress, consisting of outrage, shock, humiliation,
and
psychological trauma, reasonably occurring and likely to occur based on the sexual harassment she
experienced and defendant's failure to take prompt and appropriate remedial actiorr; and she has
Case 2:14-cv-04084-NS Document 1 Filed 07/03/14 Page 6 of 9
suffered and will continue to suffer a loss of earnings and employment benefits an<l job
opportunities.
25.
be proven
Plaintiff is thereby entitled to general and compensatory damages in an amount to
attrial.
26.
Defendant's conduct as alleged herein was committed maliciously, fraudulently,
and oppressively with the wrongful intention of injuring plaintiff, and defendant acted with an
improper and evil motive amounting to malice.
27.
Alternatively, defendants' despicable conduct was carried out in conscious
disregard of plaintiff s rights.
28.
As a result of defendants' conduct, plaintiff is entitled to recover punitive damages
in an amount commensurate with the wealth of defendant.
WHEREFORE, plaintiff demands judgment in excess of $175,000.00 as follows:
1.
For compensatory damages and general damages according to proof at trail
2.
3.
4.
For attorneys fees pursuant to statute and costs of suit
Prejudgment interest on all amounts claimed
Such other and further relief as the Court deems just and proper
DATE: JuIy 3,2014
KELLER & GOGGIN, P.C.
woRTH,IESQUTRE
No. 83017
suite 900, 1528 Walnut St.
.
Philadelphia, PA 19102
(2rs) 73s-8780
Attomey for Plaintiff
Case 2:14-cv-04084-NS Document 1 Filed 07/03/14 Page 7 of 9
DEMAND FOR JURY TRIAL
Plaintiff hereby demands ajury trial
as
provided by Rule 38(a) of the Federal Rules of Civil
Procedure.
DATE: July 3,2014
KELLER & GOGGIN. P.C.
suite 900, 1528 Walnut St.
Philadelphia, PA 19102
(21s) 13s-8780
Attorney for Plaintiff
Case 2:14-cv-04084-NS Document 1 Filed 07/03/14 Page 8 of 9
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CASE MANAGEMENT TRACK DESIGNATION FORM
CryIL AC'TION
WANDA TATE-LINTON
V.
NEW JERSEY TRANSIT RAIL
OPERATIONS rNC.
v.
NO.
JAMES HOLLINGER NJTRO
In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for
plaintiff shall complete a Case Managenient Track Desii;rration Form in all civil cases at the time of
;ide'=of-fhis-f
-f,tiuslhei=sup,latnlandsetv--e-aqo.py*eeall-dsfe.ldeqls*-6-se,$,L,0J*o-tlbgrla.4-t"'g!&rgtls!iqgI9g9.I+g
regarding seid
Aod'notngree-with-thC
ddntiff
designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on
the fllaintiff and all other parties, a Case Manageinent Track Designation Form specifying the track
to which that defendant believes the case should be assigned.
SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:
(a) Habeas Corpus
-
Cases brought under 28 U.S.C. S 224I through
* 2255.
(b) Social Security - Cases requesting review of a decision of the Secretary of Health
and Human Services denying plaintiff Social Security Benefits.
(c) Arbitration
- Cases required
to be designated for arbitration under Local Civil Rrrle 53.2.
- Cases involving claims for personal injury or property damage from
exposure to asbestos.
(d) Asbestos
through (d) that are
(e)
' ' Special Management - Cases that do not fall into tracks (a)intense
management try
commonly referred to as complex and that need special or
the court. (See reverse side olthis form for a detailed explanation of special
management cases.)
(f)
Standard Management
- Cases that do not fall into any one of the other tracks.
JTJLY 3, 2OT4
Date
-T
,1q-7?(-A.7qn
T-elephone
(Civ.660) 10/02
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FAX Number
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E-Mail Address
Case 2:14-cv-04084-NS Document 1 Filed 07/03/14 Page 9 of 9
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
assignment to appropriate calendar.
AddressofPlaintiff,
wogBunveD^J
DESIGNATION FORM to be used by counsel to indicate the category of the
case
for the purpose of
RonB, pF{llnBelpF{l+, l+ }g}54
Defendant: ONE ptrNN POAZA EAST , NtrWARK, NJ 07f, 05
Addressof
Place
351
-
ofAccident, lncident or Transaction:
Does this
civil action involve
a nongovernmenral colporare patty
",ith
any
p-ent co.poration ind any publicly held corpolation owning
yesE
(Attach two copies of the Disclosure Statement Form in accordance with Fed.R.Civ.P. 7.1(a))
Does this case involve multidistrict litigation possibilities?
I
09/o or more
of its stock?
NotX
NolX
Y CSU
RELATED CASE, IF ANY:
Case Number:
Civil
l.
Date Terminated:
Judge
cases are deemed rglated when yes is answered to any
Is this case related to property inclutled
il
ofthe following questions:
an earlier numberetl suit pending or within one year previously termiuated action in this court?
yesE NuF
2. Doesthiscaseinvolvethesameissueoffactorgrowoutofthesametransactionasapriorsuitpendingorwithinoneyearpreviouslyter:minated
action in this court?
yes!
NoF
3. Does this case involve the validity or infiingement of a patent alreacly in suit or any earlier numbered iase pending or witbin one year prSiously
terminated action in this
4.
YesE NotrX
court'/
Is this case a second or successive habeas corpus, social security appeal, or pro se
crVIL: (Place
A.
y' in oNg CATEGORY
civil rights
case filed by the same individual?
yesE
oNLY)
D ivers
Federal Questi<tn Cases:
l. tr Iqdemnity
,/
NoB<
ity hr r isd ic ti o n
C as es
:
tr Insurance Contract and Other Contracts
o Airplane Personal Injury
tr Assault, Defamation
tr Marine Personal Injury
tr Motor Vehicle Personal InjurY
o Other Personal Injury (I'lease specify)
tr Products Liability
o Products Liability Asbestos
-
Contract, Marine Contract, and All Other Contracts
2. YFELA
3. tr Jones Act-Personal Injury
4. o Antitrust
5. tr Patent
6. tr Labor-Management Relations
7. o civil Rights
8. tr Habeas Corpus
9. n Securities Act(s) Cases
D All other Diversity
o Social Security Review Cases
11. tr All other Federal Question Cases
Cases
(Please specify)
10.
(Please specify)
ARBITRATION CERTIFICATION
(C hec k A pprop ri ate Cat egory)
counsel ofrecord do hereby certify:
Pursuant to lncal Civil Rule 53.2. Section 3(c)(2) that to the best
$ I
ofmy knowledge and belief, the damages recoverable in this civil action case exceed the sum of
50,000.00 exclusivc of interest and costs;
tr
Relief other than monetary damages is soughl
DArE:
JULY 3, 2Of4
ffi-
"
NOTE: A trial
I certify that, to my knowledge, the within
de novo
will
be a
trial
by
jury only if there
case is not related to any case now pending
has been compliance
"'A-hdmey I.D.#
with F.R.C.P.
38
or within one year previously terminated action in this court
except as noted aboYe.
oeru:
crv.
609
JUly 3,
(s/zotz)
20L4
JAMES M- nrlcKWoRTH/ ESQ.
Altorney-at-Law
8?O17
Attorney LD.#