Pedro v. City Fitness, LLC, CIVIL ACTION NO. 15-04964
Decision Date | 30 March 2018 |
Docket Number | CIVIL ACTION NO. 15-04964 |
Parties | CARMENCITA MARIA PEDRO, Plaintiff, v. CITY FITNESS, LLC, et al., Defendants. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Plaintiff Carmencita Maria Pedro, proceeding pro se, brings this suit against Defendants City Fitness, LLC; 2101 South Street Fitness, LLC; 1148 Wharton Street Fitness, LLC; 400 Walnut Street Fitness, LLC; Fit Perx, LLC; City Fitness Management, Inc.; Bombay Yoga Company; Kenneth Davies; Carl Geiger; Stephanie Hicks; Jeff Quinn; C. Richard Horrow, Esquire; Kathryn Blessington; Ruben Diaz; Kristen Symballa; Evin Ford; Janet Harris-Ford; Gail Kotel; Marie Hilferty; Harrison Treegoob; Edita Zlatic-Stuckey; Maxwell Stuckey; Stephanie Stoyer; and Anne Rogers.1 (Doc. No. 58.) She alleges wrongdoing committed against her during her association with City Fitness. (Id.)
In Count I of seven counts in the Second Amended Complaint (SAC), Plaintiff alleges violations of the Equal Pay Act; Fair Labor Standards Act (FLSA); Title VII of the Civil Rights Act of 1964 ("Title VII"); 42 U.S.C. § 1981; the Pennsylvania Equal Pay Law; and the Pennsylvania Human Relations Act (PHRA) against City Fitness, Kenneth Davies, Carl Geiger, Stephanie Hicks and Jeff Quinn. (Id. at 126-27.)
In Count II, Plaintiff alleges Discrimination, Harassment and Retaliation under the Age Discrimination in Employment Act of 1967 ("ADEA"); Title VII; 42 U.S.C. § 1981; and the PHRA against all Defendants. (Id. at 128-31.)
In Count III, Plaintiff alleges Misclassification as an Independent Contractor under the Employment Retirement Income Security Act; and violations of the FLSA; Title VII; 42 U.S.C. § 1981; the Pennsylvania Minimum Wage Act; the Pennsylvania Workers' Compensation Act; and the Pennsylvania Wage Payment and Collection Law against City Fitness, Kenneth Davies, Stephanie Hicks, Jeff Quinn and C. Richard Horrow, Esquire. (Id. at 131-33.)
In Count IV, Plaintiff alleges Wrongful Demotion and Wrongful Termination under the ADEA; and violations of Title VII; 42 U.S.C. § 1981; and the PHRA against City Fitness; Kenneth Davies; Carl Geiger; Stephanie Hicks, Jeff Quinn; C. Richard Horrow, Esquire;Harrison Treegoob; Marie Hilferty; Ruben Diaz; Gail Kotel; Janet Harris-Ford; Evin Ford; Kathryn Blessington; Kristen Symballa; Stephanie Stoyer; Edita Zlatic-Stuckey; Maxwell Stuckey; and Anne Rogers. (Id. at 133-36.)
In Count V, Plaintiff alleges Post-Employment Retaliation and Tortious Interference with Business Relationships against City Fitness; Kenneth Davies; Carl Geiger; Stephanie Hicks; Jeff Quinn; C. Richard Horrow, Esquire; Harrison Treegoob; Marie Hilferty; Ruben Diaz; Gail Kotel; Janet Harris-Ford; Evin Ford; Kathryn Blessington; Kristen Symballa; Stephanie Stoyer; Edita Zlatic-Stuckey; Maxwell Stuckey; and Anne Rogers. (Id. at 136-39.)
In Count VI, Plaintiff alleges Defamation and Tortious Interference with Business Relationships against City Fitness; Kenneth Davies; Carl Geiger; Stephanie Hicks; Jeff Quinn; C. Richard Horrow; Harrison Treegoob; Marie Hilferty; Ruben Diaz; Gail Kotel; Janet Harris-Ford; Evin Ford; Kathryn Blessington; Kristen Symballa; Stephanie Stoyer; Edita Zlatic-Stuckey; Maxwell Stuckey; and Anne Rogers. (Id. at 140-43.)
Finally, in Count VII, Plaintiff alleges Unlawful Publication of Confidential Compensation records against City Fitness; Kenneth Davies; Carl Geiger; Stephanie Hicks; Jeff Quinn; C. Richard Horrow; Harrison Treegoob; Marie Hilferty; Ruben Diaz; Gail Kotel; Janet Harris-Ford; Evin Ford; Kathryn Blessington; Kristen Symballa; Stephanie Stoyer; Edita Zlatic-Stuckey; Maxwell Stuckey; and Anne Rogers. (Id. at 143-47.)
Defendants have filed three Motions to Dismiss the SAC in its entirety. (Doc. Nos. 60-61, 81.) The Motions are ripe for disposition.2
In August 2010, City Fitness's 200 Spring Garden Street fitness club hired Plaintiff Carmencita Maria Pedro, a woman of Puerto Rican ancestry, as a Group Exercise Instructor. (Doc. No. 58 at 13 ¶ 4.) Plaintiff was hired as an independent contractor, and signed an agreement acknowledging that status. (Id. ¶¶ 6-7; Doc. No. 60, Ex. B.)
Beginning on November 1, 2010, Plaintiff taught the "Silver Sneakers" class at 200 Spring Garden Street. (Doc. No. 58 at 16 ¶ 32.) In January 2012, City Fitness had opened a fitness club at 2101 South Street. At some point, Plaintiff made a request to teach yoga classes there. (Id. at 19 ¶¶ 61-63.) Defendant Geiger denied her request, allegedly stating, "[y]ou know, the demographic in that neighborhood is very white-bred and I just don't think you would fit in." (Id. ¶¶ 64-65.) Nevertheless, by June 2012, Plaintiff began teaching classes at the South Street location. (Id. at 20 ¶ 71.) In August 2012, Defendant Geiger hired Plaintiff as the Group Exercise Manager. (Id. at 21 ¶ 91.) Plaintiff earned an extra $150 per pay period for this position. (Id. at 22 ¶ 93; Doc. No. 60, Ex. C.)
On May 1, 2013, Plaintiff allegedly met with Defendants Hicks and Geiger regarding her status as an independent contractor. (Doc. No. 58 at 39 ¶¶ 229-233.) No change in her status occurred. (Id. ¶ 237.)
From November 1, 2010 until December 31, 2010, Plaintiff was paid $30 for teaching each Silver Sneakers class. (Id. at 17 ¶ 39.) On January 1, 2011, the pay rate for class instructorswas reduced to $25 a class. (Id. at 17-18 ¶¶ 47-49.) George Goodritz, a Jewish male, was unhappy with the pay decrease and resigned from his position with City Fitness. (Id. at 18 ¶¶ 54-55.) City Fitness replaced Goodritz with Johnathan Sneed, as African-American male over the age of 50. (Id. ¶¶ 56-57.)
On October 1, 2013, after Plaintiff had taught classes at the South Street location for more than a year, Plaintiff was allegedly told by Defendant Geiger that she would no longer teach the Silver Sneakers class at the South Street location "because the demographic [there] is more white." (Id. at 28 ¶ 143.) Defendant Geiger told Plaintiff she could continue teaching the Silver Sneakers class until he could find a "suitable replacement." (Id. at 29 ¶ 145.) On or about October 2, 2013, Goodritz was rehired to teach the Silver Sneakers class at the South Street location for $35 a class. (Id. ¶ 151; id. at 31 ¶ 159.) The pay rate for other instructors remained at $25 a class. (Id. at 17 ¶ 48.) A month after Plaintiff was terminated for reasons discussed infra, City Fitness implemented a new, seniority-based pay structure for all employees. (Id. at 56 ¶ 375.) Under the new pay structure, the most senior yoga teachers and group exercise instructors were paid a fixed rate of $35 a class. (Id. at 57 ¶ 377.)
On December 10, 2013, Plaintiff was informed that her job responsibilities were being reduced because of complaints received from club members and other instructors. (Id. at 47 ¶ 300; id. at 60 ¶ 409.) Specifically, the following complaints were submitted in writing:
(Doc. No. 60, Ex. D.)
On November 19, 2013, Edita Zlatic-Stuckey made another complaint:
The night after I wrote my last form[, Carmencita] ambushed my husband and I at the Whole Food Store trying to resolve the issue in the middle of the store. She told us that it was our fault for signing up for the class w[ithout] knowing what the format of the class is and that the class is not designed to be welcoming. I'm concerned that she is one of the managers reading this form[] and stalking us in public. If this is not resolved I will have to cancel my membership.
(Id. at Ex. E.)
(Id. at Ex. G.)
(Id. at Ex. H.)
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