FILLMAN v. VALLEY PAIN SPECIALISTS, P.C. et al

Filing 74

OPINION/ORDER THAT PLAINTIFF IS AWARDED BACK PAY IN THE AMOUNT OF $77,494.92; AND PLAINTIFF IS AWARDED FRONT PAY IN THE AMOUNT OF $13,821.33. UNDER THE PHRA, JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST ALL DEFENDANTS FOR COMPENSA TORY DAMAGES IN THE AMOUNT OF $100,000.00; UNDER TITLE VII, JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST CORPORATE DEFENDANTS VALLEY PAIN SPECIALISTS, P.C. AND VALLEY SURGICAL CENTER, INC., FOR PUNITIVE DAMAGES IN THE AMOUNT OF $50,000.00. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE.SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/14/16. 1/15/16 ENTERED AND COPIES E-MAILED. (ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
MELISSA FILLMAN,

:
:
Plaintiff,
:
v.
:
:
VALLEY PAIN SPECIALISTS, P.C. et al.,
:
:
Defendants.
:
__________________________________________

No. 13-cv-01609

ORDER
AND NOW, this 14th day of January, 2016, for the reasons set forth in the accompanying
memorandum, IT IS ORDERED THAT:
1. Pursuant to the jury verdict in her favor, judgment is entered in favor of Plaintiff on
Counts I, II, III, IV, VI, and VII of the Complaint, for claims of discrimination and
retaliation under Title VII and the Pennsylvania Human Rights Act (“PHRA”);
2. As a result, under Title VII and the PHRA, with respect to corporate Defendants
Valley Pain Specialists, P.C., and Valley Surgical Center, Inc., and under the PHRA,
with respect to individual Defendant Dr. Steven Mortazavi, judgment is entered in
favor of Plaintiff and against all Defendants as follows:
a. Plaintiff is awarded back pay in the amount of $77,494.92;
b. Plaintiff is awarded front pay in the amount of $13,821.33;

3. Under the PHRA, judgment is entered in favor of Plaintiff and against all Defendants
for compensatory damages in the amount of $100,000; 1
4. Under Title VII, judgment is entered in favor of Plaintiff and against corporate
Defendants Valley Pain Specialists, P.C., and Valley Surgical Center, Inc., for
punitive damages in the amount of $50,000;
5. The Clerk of Court is directed to close this case.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.___________
JOSEPH F. LEESON, JR.
United States District Judge

1

The jury awarded Plaintiff $100,000 in compensatory damages and $450,000 in punitive
damages. Pursuant to 42 U.S.C. § 1981a, the compensatory and punitive damages combined that
are available to Plaintiff under Title VII are limited to $50,000. See 42 U.S.C. § 1981a(b)(3)(A)
(limiting damages to $50,000 in the case of a respondent with more than 14 but fewer than 101
employees); Parties’ Joint Stipulation of Facts ¶ 5, ECF No. 41 (stipulating that Defendant
Valley Pain Specialists had more than 15 but fewer than 50 employees). By contrast, there is no
cap on compensatory damages under the PHRA; however, punitive damages are not available
under that statute. See Gagliardo v. Connaught Labs., Inc., 311 F.3d 565, 570-71 & n.3 (3d Cir.
2002). The Third Circuit has observed that the absence of a damages cap in the PHRA “indicates
that it was intended to provide a remedy beyond its federal counterpart,” which in this case is
Title VII. See id. at 571. The Third Circuit has also observed that district courts have an
“obligation to uphold lawful jury awards whenever reasonable.” Id. In this case, “given the
similarity of [Plaintiff’s Title VII and PHRA] claims and the jury’s unapportioned award of
damages, it is reasonable to infer that the jury intended to award its entire verdict to [Plaintiff].”
See id. Accordingly, the Court “apportion[s] the damages so as to allow [Plaintiff] to recover the
entire jury award, as reduced by the [Court],” apportioning the jury’s $100,000 compensatory
damages award to Plaintiff’s PHRA claim and the jury’s $450,000 punitive damages award
(reduced to $50,000 pursuant to 42 U.S.C. § 1981a) to Plaintiff’s Title VII claim. See id.
2