Case Document 1 Filed 11/14/17 Page 1 of 7 

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF 

WILLIAM HOLMES, I CIVIL ACTION
- Plaintiff -
NO.:

v.

PROFESSIONAL TRANSPORTATION, INC.,
Defendant
COMPLAINT AND JURY DEMANQ

I. INTRODUCTION I

William Holmes, claims of Defendant, Professional Transportation, Inc., a sum in
excess of $150,000.00 in damages upon causes of aetion-whereofithe following are a
statementThis action for declaratory, injunctive, monetary and other appropriate
relief is brought by Plaintiff to redress violationsliby Defendant. of rights secured to
Plaintiff by the laws of the United States of America.

I 2. The original jurisdiction of this Conrt' Is invoked pursuant to Title 28 U. S. C.

1331, and the claim is substantively based on Title VII of the Civil Rights Act of 1964,
42 U. S. C. ?2000e ets (?Title as amended by 42 U. S. C. {51981. This claim Is
being brought to redress the arbitrary, improper, unlawful, willful, deliberate and
intentional acts of Sexual harassment and retaliation engaged in by the Defendant,
which Ultimately resulted in Plaintiff?s terr?ninatibn from his employment. Plaintiff also

asserts sexual harassment and retaliation claims arising under the Penneylvania

Human Relations Act 43 RS. {$951, e_t s_e_q.

. Case Documentl Filed 11/14/17 Page20f7.

II. . JURISDICTION AND VENUE

 

3. The jurisdiction of this Court is invoked pursuant to Title 28 U.S.C. ?1331
and Title 42 which provide for original jurisdiction of Plaintiff's claim-
arising under the laws of the United States and over actions to recover damages and to
secure equitable and other relief under the appropriate governing statutes.

4. The venue of this Court is invoked pursuant to the dictates lof Title 28
U.S.C. ?1391(c). I

. 5. The supplemental jurisdiction of this Court is invoked pursuant Title 28
?136i7 to consider Plaintiff?s claims arising under the PHRA. I

6. - All conditions precedent to the institutiOn of this suit have been fulfilled;
On August 29' 2017, a Notice of Right to Sue vvas issued by the U. 8. Equal
Employment Opportunity Commission. This action has been filed by the Plaintiff Within
ninety (90) days of receipt of said notice. Plaintiff has exhausted all other jurisdictional

prerequisites to the maintenance of this action.

PARTIES
7.  - Plaintiff, William Holmes, is an adult citiZen of. the Commonwealth of
resides therein at 414N. Robinson Street, Philadelphia,
I
8. Defendant,.Professional Transportation, was and is now a
corporation duly organized and existing under the laws _of- the Commonwealth of.
and. maintains a place of business located at '1600 Schuylkill Avenue,

Philadelphia, 

Case Document 1 Filed 11/14/17. Page 3 of 7

9. At all times relevant hereto, the Defendant was acting through its agents,
servants and employees, who were authorized and acting within the scope of their
authority, course of employment, and under the direct control of Defendant.

10. At all times material herein, Diefendant has been a "person" and
"employer" as defined under Title VII and the PHRA, and are subject to the provisions of 

each said 'Act.

IV. STATEMENT OF CLAIMS
11. Plaintiff was employed by Defendant from. on or about June 2, 2015, until
on or about August 9, 2015, when he was terminated from his position of employment
as a result of unlawful employment practices complained of herein. I
12. . During the course of his employment, Plaintiff held the position ,of Driver
and was earning approximately annum, plus. benefits at the. time of his
termination. Throughout the course of his employment, Plaintiff performed his job
functions in a dutiful and competent manner. I
I 13. During the course of his employment, Plaintiff's supervisor, David Brown
(?Brown?), began making unwanted sexual advances towards him which included, but -
were net limited to, asking him on multiple occasions why he never visited him In his
office in a suggestive manner, asking him Whether he would like to go out for a drink,
and on one occasion, stating to Plaintiff that he would "just loVe to eat [him] up? and 
am genna break you, you are going to cum.? I I
14. Thereafter, during the time?frame Plaintiff Was being verbally harassed

Brown also physically groped Plaintiff?s crotch area which caused his pants to rip. On

Case Document 1 Filed 11/14/17 Page 4 of 7.

that occasion, Brown threatened Plaintiff?s employment by stating: ?remember your
damn 60 days", making a veiled threat with respect to his work probationary period;
15. Plaintiff immediately contacted the police and reported Brown?s sexual
assault of him. Upon information and belief, Defendant was aware of these .
occurrences and Plaintiff's report.
16. Plaintiff was also aware that Brown "had inappropriately touched another
male co-worker, Jerome Watson, in the same manner who had also reported these
occurrences to Defendant. I

I 17.- Defendant's failed to take any remedial action on behalf of Plaintiff or his
Co?worker and discipline Brown for his sexually harassing behavior and for perpetuating
a sexually-harassing work environment for his employees. I I I

18. instead, subseqUent to registering his complaint of harassment, Plaintiff
was subjected to retaliatiOn and threats of physieal harm by Brown. On one oCcasion,
Brown drove his private vehicle onto the Defendants let, pinning and cornering

I Plaintiffs van while yelling,? "you re a dead mother f?ker.?

19._ As a reSLilt Of this occurrence, Plaintiff called the police and filed another
incident report against Brown. When the police arrived to take a Statement, Plaintiff
over-heard Brown'stat'e out loud: ?that?s the guy who filed the complaint?, referring to
Plaintiffabout August 9, 2015, in retaliation for opposing the aforesaid aCts"
bf sexual harassment, Plaintiff was terminated from his position of employment by

Brown .

Case Document 1 Filed 11/14/17 Page 5 of 7

21. No legitimate business reason existed for Plaintiff?s termination. Plaintiff
believes and therefore avers that his discharge was the result of retaliation for having
complained of sexual harassment and hostile work environment instigated by Brown, as
aforesaid. I

COUNT I
Title VII
(Sexual Harassment and Retaliation)
Plaintiff v. Defendant

22. Plaintiff incorpdrates by reference paragraphs 1 through 21 of his
Complaint as though fully set forth herein at length.

23. Defendant has engaged in unlawful practices in violation of Title VII. The
said unlawful practices for which Defendant is liable to Plaintiff include, but are'no't I
limited to, fostering and perpetuating a sexually-hostile and offensive working-
environment, subjecting Plaintiff to unlawful sexual harassment and retaliation after he
complained about said harassment, and causing Plaintiff?s termination.

24. As a direct result of Defendant?s willful and unlawful actions in violation of
Title Vll, Plaintiff has suffered emotional distress, humiliation, embarrassment, loss of
self-esteem and has sustained a loss of earnings, plus the value of the aforementioned
bene?ts, plus loss of future earning power, plus loss of back pay and front pay and

interest due thereon.

Case Document 1 Filed 11/14/17 Page 6 of 7

COUNT 
. PHRA
(Sexual Harassment and Retaliation)
Plaintiff v. Defendant

25. Plaintiff incorporates by reference paragraphs 1 through 24 of his
Complaint as though fully set forth herein at length.

26. Defendant has engaged in unlawful practices in violation of the PHRA.
The said unlawful practices for which Defendant is liable. to Plaintiff include, but are not
limited to, fostering and perpetuating a sexually?hbstile and offensive working
environment, subjecting Plaintiff to unlawful sexuaitl harassment and retaliation after he
complained about said harassment, and causing Plaintiff?s termination.

27. As a direct result of Defendant?s?williful and unlawful actions in violation of
Title Vll, Plaintiff has suffered emotional distress, :humiliation, embarrassment, loss of
self?esteem and has sustained a'loss of earnings; plus the value of the aforementioned
benefits, plus loss-of future earning power, plus logss of back-pav- and front pay and
intereSt due thereon. 

PRAYER FOR 
- 528' Plaintiff incorporates by reference piaragraphs 1 through 27 oflhis

Complaint as though fully set forth at length herein. 

WHEREFORE, Plaintiff requests this Court? to enterjudgment in her favor and
against Defendant and order that:

Defendant compensate Plaintiff for the wages and other benefits

and emoluments ofemployment lost, because of their unlawful conduct; 

Case Document 1 Filed 11/14/17 Page 7 of 7

. Defendant pay to Plaintiff compensatory damages for future
pecuniary losses, pain, suffering, inconvenience, mental anguish, loss of employment of
life and other non-pecuniary losses as allowable; I I
(0) Defendant pay to Plaintiff punitive damages (under Title VII), pre

and post judgment interest, costs of suit and attorney and expert witness fees as

allowed by law;_ -

The Court award such other relief as is deemed just and proper.

JURY DEMAND
Plaintiffs demand trial byj'ury. I I

THE M, ch.

KEVIN I. VITZ, ESQUIRE
70 4.. 
1650 arket Street, Fl.

Philadelphia, PA 19103
(215) 735-1996 Phone
(267) 319-7943 Fax.
AttOrney for Plaintiff,
William Holmes

 
   
 

 

By

Case 2:17-cv-05115-MAK Document 1-1 Filed 11/14/17 Page 1 of 4

c~•IL COVER SHEET

::: (,,,,; '1' :

1

\

'1-(J; _5( L5

1>1.~•i'..:~}~.__l;(~ion contained herein nei ·. Jr replace nor supplement the filing and service of pleadings or other pa!ers as reqmred by law, exce
l ~~form, approved by the Judici . c;onference of the United States in September 1974, is reqmred for the use of the Clerk of Court for the

hgt e CIVIi docket sheet. (SEE INSTRUCTIONS ON fllf,XT PAGE OF THIS FORM)
r

I. (a) PLAINTIFFS

{l cy}
PROFESSIONAL TRANSPORT~1o"f..J.

I

DEFENDANTS

I

t

WILLIAM HOLMES

(b) County of Residence of First Listed Pl

County of Residence of First Listed

(EXCEPT IN U.S. PLA?/Y.Ul't c A:>1':>J

II

(C)

l;I

I

(215)73~- 1996

1

I

III. CITIZENSHIP OF PRINCIPAL p ARTIES (Place an "X" in One Box for Plaintiff

1

02

U.S. Government
Plaintiff

-

U.S. Government
Defendant

(For Diversity Cases Only)
PTF
Citizen of This State
0 I

I

04

(IN U.S.
IN LAND CONDEMNATION CASES, USE THE LOCATJON OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Attorneys (Firm Name, Address. and Telephone Number)

II. BASIS OF JURISDICTJONcPk!_cean "X"inOneBoxOn~)II I
01

Diversity
1'1
(Indicate Citizenship ofPartii

l

Citizen of Another State

I

0
0

0
0
0
0
0

O
O
0
0
O
0

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectmei\t
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PE
0 365

DEF
0 I

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
0 4
0 4
of Business In This State

0 2

0

2

Incorporated and Principal Place
of Business In Another State

0 5

0 5

0 3

0

3

Foreign Nation

06

06

Item III)

IV. NATURE OF SUIT (Place an "X" in One Box Only)
0
0
0
0
0

Defend~6HILADELPHIA ~

PLAINTIFF~""""cii/io
-"-'N..:::'L!<Y)~------~­

-

NOTE:

Kevin I. Lovitz
Lovitz Law Firm, P.C.
1650 Market Street, 36th Fl., Phila., PA 19103

INC._ _ _

Click here for: Nature of Suit Code Descriptions.
'I

I

PERSONAL INJURY
0 310 Airplane
0 315 Airplane Product
Liability
0 320 Assault, Libel &
Slander
0 330 Federal Employers'
Liability
0 340 Marine
0 345 Marine Product
Liability
0 350 Motor Vehicle
0 355 Motor Vehicle
Product Liability
0 360 Other Personal
Injury
0 362 Personal Injury Medical Malnrnctice

orAL INJURY
PfoductLiability
0 367 H~ai\h Care/
P .'arlnaceutical
P 'r,sbnai Injury
P~:: dhct Liability
0 368 A'bJstos Personal
'~u\y Product
iaHility
PERS9N~L PROPERTY
0 370 q!her Fraud
0 371
in Lending
0 380 aih.Jr Personal
~~p~ Damage
0 385 P :oderty Damage
Nodhct Liability

ther Civil Rigbts
·ting
:mployment
ousing/
Accommodations
445 Amer. w!Disabilities Employment
0 446 Amer. w!Disabilities Other
0 448 Education

Hab~f Corpus:
0 463 ;\eh Detainee
0 510 "otlons
to Vacate
" I
S tence
0 530 Cjlmbi
0 535 D~fafu Penalty
Othe ·, I
0 540 "andamus & Other
0 550 cjvil Rigbts
0 555 Pf,isbn Condition
1
0 560 C~vil Detainee dnilitionsof
I '
C,nfinement

P~rnal Injury

:r.ith
.I I

0 625 Drug Related Seizure
of Property 21 USC 881
0 690 Other

0 422 Appeal 28 USC 158
0 423 Withdrawal
28 USC 157

0 820 Copyrigbts
0 830 Patent
0 835 Patent- Abbreviated
New Drug Application
0 840 Trademarl<
0 710 Fair Labor Standards
Act
0 720 Labor/Management
Relations
0 740 Railway Labor Act
0 751 Family and Medical
Leave Act
0 790 Other Labor Litigation
0 791 Employee Retirement
Income Security Act

0
0
0
0
0

861 HIA (1395ft)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

0 870 Taxes (U.S. Plaintiff
or Defendant)
0 871 IRS-Third Party
26 USC 7609

'
0 462 Naiuralization Application
0 465 Other Immigration
Actions

0 375 False Claims Act
0 376 Qui Tam (31 USC
3729(a))
0 400 State Reapportionment
0 4!0 Antitrust
0 430 Banks and Banking
0 450 Commerce
0 460 Deportation
0 470 Racketeer Influenced and
Corrupt Organizations
0 480 Consumer Credit
0 490 Cable/Sat TV
0 850 Securities/Commodities/
Exchange
0 890 Other Statutory Actions
0 891 Agricultural Acts
0 893 Environmental Matters
0 895 Freedom of Information
Act
0 896 Arbitration
0 899 Administrative Procedure
Act/Review
or Appeal of
•
Agency Decision •
0 950 Constitutionality of
State Statutes

RIGIN (Place an "X" In One Box Only)
Original
Proceeding

0 2 Removed from

0

0 4 Reinstated or

3

State Court

Reopened

0 5 Transferred from

0 6 Multidistrict

Another District

Litigation Transfer

(specify)

0 8 Multidistrict
Litigation Direct File

Cite the U.S. Civil Statute undij'Fwhich you are filing (Do not cite jurisdictional statutes unless diversity):

42 U.S.C. ~2000e et sedl

VI. CAUSE OF ACTION !Brief description of cause:

I

I[

I

VII. REQUESTED IN
0
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

CHECK IF IBIS IS A C !l\ssACTION
II I
UNDER RULE 23, F.R. ]·~·

CHECK YES only .
JURYDEMA
.

DEMAND$

(See instructions):

DOCKET NUMBER

DATE

RECEIPT#

AMOUNT

JUDGE

NOV 14 1Utl

MAG.JUDGE

complaint:
ONo

 Case 2:17-cv-05115-MAK
Document 1-1 Filed 11/14/17 Page 2 of 4
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\.· NI ~D STATES DISTRICT COURT
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FOR~JHE,_~~STE~N D\~6,ICT OF PENNSYLVANIA

~ESIGNATION FORM to be used by counsel to indicate the category of the case for the

purR~~e !Qf;~ssignment to)appropriate calendar.

, ;

Add;~~~l;:li~tiff:~1.4~·.·Robinson Street, P, 11adelphia, Pennsylvania
Address of !Rfendant:

APPENDIX A
·

17

.

511 5

1600 Schuylkill Avenue 1l lj'hiladelphia, Pennsylvania

Plaee of Accident, Incident or Transaction:

!~ylkill Avenue, Philadelphia, Pennsylvania

1600 Sc

(Use Reverse Side For Addtional Space)

t

Does this case involve mulidistrict !ligation pa;sibilities1•

YesD

RELATED CASE, IF ANY:
Case Number:

Judge

Date Terminaed: _ _ _ _ ___,....__ _ _ _ _ __

I

!

1

Civil cases are deemed related wt-en yes is answered t a;ny of the following questions:

I .

.

1

1. Is this case related to property included i1 an earlier J.mbered suit pendirg or withi1 one year previously terminated acti~n in t
:

1

I

2. Does this case involve the same issue of fact or
action in this court?

YesD

,

grol~ut
of the same transaction as a prior suit pending
1

CJ'

~o0

within one

,

YesD
3. Does this case involve the validity or infringement of [a patent alrea'.ly in suit or any earlier numbered case pendng or flithin one ye~r previously
terminatoo action in this court?
I
YesD

i

!

I

I

t/ in ONE CATEGCRY ONLY)

CIVIL: (Place

A. Federal QtBstion Cases:

B. Diversity Jurisdiction Cases:
Ii

1. D
2.

0

Indemnity Ccntract, Marine Contra::t, and All

~r

Contra::ts

1. D

FELA

Insurance Qmtract and Other Contracts

2. D Airplane Personal Injury

3. D Jones Act-Personal Injury

3. D Assault, Defamation

4. D Antitrust

4. D

Marine Personal Injury

5. D

Patent

5. D

Motor Vehicle Personal Injury

6. D

Labor-Management Relations

6. D Other Personal Injury (Please specify)

El

7. D Civil Rigtts

7.

8. D Habeas Corpus

8. D

9. D

4

Securities Act(s) Cases

Products Lict>ility
Products Liability - Asbestos

9. D All other Diversity Ca.es

ocial Security ReviewCases

(Please specify)

i

II other Federal Question Cases
!
ease specify) 42 U.S.C. §2000e et seq 1
1

I

A BITRATION CERTIFICATION
I

Lovitz, Esquire

[

:

(Check apptopriate CEtegory)

--....,,..=-+--------------i:-1......_,, counsel of record do hereby certify:
11

Pu uant to Local Civil Rule 53.2, Section 3(c~~2~. that to the best
,,.,
I
ed the sum ci $150,000.00 excluswe
of 1i·~;t1rest
and co,<>fl(,
ji
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soug~t.)
11

lief otter than monaary damages is

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'A o ey-at-Law
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NOTE: A trial de nova will be a :rial by jury
I~

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~y
if t re

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(t cf/! rJ

70184
Attornet l.D.#

has been compliance with F.R.C.P. 38.

.

I certifythat, to my knowledge, the within case is not l'. 'e!.ated to a
except.as noted above.
I •
'
DATE:

1y kn~wledge and belief, the damages ra:overable in this civil action case

ng orwithlnone year previouslyterminated action in this court

_1_,,_i
' ' ___
... ~----I

•

70184

•

Attorney l.D.#

CIV. 609 (9.99)

NOV

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1n11
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 Case 2:17-cv-05115-MAK Document 1-1 Filed 11/14/17 Page 3 of 4

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'\. '1%¥·'1·_'\

IN THE ' IITED STATES DISTRICT COURT
FOR THE EA JERN DISTRICT OF PENNSYLVANIA

APPENDIX C

1

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:i

CASE MANA EMENT TRACK DESIGNATION FORM
I

WILLIAM HOLMES

CIVIL ACTION

f:~11.15

1?

v.

I

PROFESSIONAL TRANSPORTATION, IN'.:
I

NO.

:

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,

6

In accordance with the Civil Just( Expense and Delay Reduction Plan of this court, counsel for
plaintiff shall complete a case M ,'n!agement Track Designation Form in all civil cases at the time
of filing the complaint and serve ,'. 9opy on all defendants. (See § 1:03 of the plan set forth on the
re~erse ~ide o_f this form.) In the :vent th~t a _defendant does not agree ~ith the plaintiff regarding
said designation, that defendant hfill, with its first appearance, submit to the clerk of court and
serve on the plaintiff and all othe parties, a case management track designation form specifying
the track to which that defendant: b!elieves the case should be assigned.
1

1

1

:

1

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SELECT ONE OF THE FOLL :wING CASE MANAGEMENT TRACKS:
1

(a)

(b)

Ii

~

Ha
§2

~as

~11

Corpus -- Cases brought under 28 U.S.C.
through §2255.

D

Soo~J1 Security -- Cases requesting review of a
I'

dec's!ion of the Secretary ofHealth and Human
Se : ices denying plaintiff Social Security Benefits.

D

I

(c)

Ar 1!I iiration
-- Cases required to be designated for
I
arb ,#ation under Local Civil Rule 53.2.

D

'
:1

(d)

(e)

:

As :9stos -- Cases involving claims for personal
inj :rY' or property damage from exposure to
ash' stos.
I' 'I
I'

,

1

I

D

Sp :cial Management -- Cases that do not fall into
I'. I
tra :K!s
(a) through (d) that are commonly referred
to ,sl complex and that need special or intense
ma 4gement by the court. (See reverse side of
thi form for a detailed explanation of special
I
ma ~gement cases.)
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(f)

u
Date

1

Management -- Cases that do
St , dard
I
an ,: ©ne of the other tracks.

!1o/ t 1
Kevin I. Lovitz, Esquire

Attorney for

(Civ. 660) 7/95

Nr1 11

j,

2m1

WILLIAM HOLMES

 Case 2:17-cv-05115-MAK Document 1-1 Filed 11/14/17 Page 4 of 4
One Liberty Place
1650 Market Street
36'h Floor
Philadelphia, PA 19103

Cl
LOVITZ

F

215.735.1996
267.319.7943

E

Kevin@Lovitzlaw.com

p

LAW FIRM

WWW.LOVITZLAW.COM

KEVIN I. LOVITZ

, November 14, 2017
I

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b115

Cou~
11

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Michael E. Kunz, Clerk of
United States District Court fo the
Eastern District of Pennsylv •~ia
Room 2609 U.S. Courthouse I I
601 Market Street
Philadelphia, PA 19106
'i

i
I

RE:

William Holmes I~!. Professional Transportation, Inc.

Dear Mr. Kunz:
Enclosed please find a
Jury Demand. Please file the
enclosed self-addressed, sta
have also enclosed this firm's
and a .pdf version of the Com
Thank you for your cou

Kl Ude
Enclosure

~riginal and two (2) copies of Plaintiff's Complaint and
hginal and return the time-stamped copies in the

~ed envelope I have provided for your convenience. I
~eek in the amount of $400.00 to cover the cost of filing,

:; laint.
::
1

~sies and cooperation.