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`
`EXHIBIT A
`EXHIBIT A
`
`

`

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`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 2 of 22 PagelD: 8
`4
`
`SUMMONS
`
`Attorney(s)
`Brian M. Doyle, Esq.
`Office Address 1S00JFK Boulevard
`Suite 1240
`Town, State, Zip Code Philadelphia, PA 19102
`Telephone Number
`(215) 944.6113
`Attomey(s) for Plaintiff
`Jeannette Johnson-Buffalo
`
`.
`Superior Court of
`New Jersey
`
`Camden
`LAW
`
`COUNTY
`DIVISION
`
`
`
`JEANNETTE JOHNSON-BUFFALO Docket No:
`
`Plaintiff(s)
`
`Vs.
`
`UNIVERSITY OF PENNSYLVANIA HEALTH SYSTEM.;
`JOHN/IANE DOES 1-5; and/or ABC CORPS 1-5
`Defendant(s)
`
`From The State ofNew Jersey To The Defendant(s) Named Above:
`
`CIVIL ACTION
`SUMMONS
`
`Theplaintiff, named above,has filed a lawsuit against you in the Superior Court of New Jersey. The complaint
`aitachedto this summonsstates the basis for this lawsuit. Ifyou dispute this complaint, you or your attorney must file a
`written answer or motion and proof of service with the deputy clerk of the Superior Court in the county listed above within
`35 days from the date you received this summons,not counting the date you receivedit. (A directory of the addresses of
`each deputy clerk of the Superior Court is available in the Civil Division Management Office in the county listed above and
`online at http:/Avww. judiciary.state.nj.us/pro se/10153_deptyclerklawrefpdf.) If the complaintis one in foreclosure, then
`you mustfile your written answer or motion and proofofservice with the Clerk of the Superior Court, HughesJustice
`Complex, P.O, Box 971, Trenton, NJ 08625-0971. A filing fee payable to the Treasurer, State ofNew Jersey and a
`completed Case Information Statement(available from the deputy clerk of the Superior Court) must accompany your
`answer or motion whenit is filed. You must also send.a copy of your answeror motion to plaintiff's attorney whose name
`aud address appeat above,orto plaintiff, if no attomey is named above, A telephonecali will not protect yourrights; you
`mustfile and serve a written answer or motion (with fee of $175.00 and completed Case Information Statement} if you
`want the court to hear your defense,
`
`If you do notfile and serve a written answer or motion within 35 days, the court may enter a judgment against you for
`the relief plaintiff demands, plus interest and costs of suit, Ifjudgmentis entered against you, the Sheriff may seize your
`money, Wages or property to pay all or part of the judgment:
`
`If you cannotafford an attorney, you maycall the Legal Servicesoffice in the county where youlive or the Legal
`Services of NewJersey Statewide Hotline at |-888-LSNJ-LAW (1-888-576-5529). Ifyou do not have an attomey and are
`noteligible for free legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referzal
`Services. A directory with contact information for local Legal Services Offices and Lawyer Referral Services is available
`in the Civil Division Management Office in the county listed above and onlineat
`http://www.judiciarystate.nj.us/prose/10153_deptyclerklawref.pdf
`
`e
`
`DATED:
`
`61/26/2022
`
`Clerk of the Superior Court
`
`Name of Defendant to Be Served:
`
`University of Pennsylvania Health System
`
`Address of Defendant to Be Served:
`
`3400 Spruce Street, Philadelphia PA 19134
`
`Revised 11/17/2014,CN 10792-English(AppendixXH-A)
`
`aye
`
`2.
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 1 of 14 Trans ID: LCV2022332166
`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 3 of 22 PageID: 9
`Appendix XII-B1
`
`CIVIL CASE INFORMATION STATEMENT
`(CIS)
`Use for initial Law Division
`Civil Part pleadings (not motions) under Rule 4:5-1
`Pleading will be rejected for filing, under Rule 1:5-6(c),
`if information above the black bar is not completed
`or attorney’s signature is not affixed
`
`FOR USE BY CLERK’S OFFICE ONLY
`PAYMENT TYPE:
`CK
`CG
`CA
`CHG/CK NO.
`
`AMOUNT:
`
`OVERPAYMENT:
`
`BATCH NUMBER:
`
`ATTORNEY / PRO SE NAME
`Brian M. Doyle, Esq.
`FIRM NAME (if applicable)
`Law Offices of Eric A. Shore
`OFFICE ADDRESS
`1500 JFK Boulevard
`Suite 1240
`Philadelphia, PA 19102
`NAME OF PARTY (e.g., John Doe, Plaintiff)
`Jeannette Johnson-Buffalo, Plaintiff.
`
`CASE TYPE NUMBER
`(See reverse side for listing)
`618
`RELATED CASES PENDING?
`YES
`
`HURRICANE SANDY
`RELATED?
`YES
`
`NO
`
`■
`
`■
`
`NO
`
`TELEPHONE NUMBER
`(215) 944-6113
`
`COUNTY OF VENUE
`Camden
`DOCKET NUMBER (when available)
`
`DOCUMENT TYPE
`Complaint
`
`JURY DEMAND
`
`■
`
`YES
`
`NO
`
`CAPTION
`Jeannette Johnson-Buffalo v. University of Pennsylvania Health
`System.; John/Jane Does 1-5; and/or ABC Corps 1-5.
`
`■
`IS THIS A PROFESSIONAL MALPRACTICE CASE?
`NO
`YES
`IF YOU HAVE CHECKED “YES,” SEE N.J.S.A. 2A:53 A -27 AND APPLICABLE CASE LAW
`REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT.
`IF YES, LIST DOCKET NUMBERS
`
`DO YOU ANTICIPATE ADDING ANY PARTIES
`(arising out of same transaction or occurrence)?
`■
`■
`YES
`NO
`THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE.
`CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
`DO PARTIES HAVE A CURRENT, PAST OR
`IF YES, IS THAT RELATIONSHIP:
`RECURRENT RELATIONSHIP?
`■
`EMPLOYER/EMPLOYEE
`■
`YES
`FAMILIAL
`
`NAME OF DEFENDANT’S PRIMARY INSURANCE COMPANY (if known)
`
`NONE
`UNKNOWN
`
`NO
`
`FRIEND/NEIGHBOR
`BUSINESS
`
`OTHER (explain)
`
`■
`NO
`YES
`DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY?
`USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR
`ACCELERATED DISPOSITION
`
`DO YOU OR YOUR CLIENT NEED ANY DISABILITY ACCOMMODATIONS?
`YES
`NO
`WILL AN INTERPRETER BE NEEDED?
`YES
`NO
`I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be
`redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).
`
`IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION
`
`IF YES, FOR WHAT LANGUAGE?
`
`■ ■
`
`ATTORNEY SIGNATURE:
`
`Effective 10/01/2016, CN 10517
`
`page 1 of 2
`
`

`

`Side 2
`
`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 2 of 14 Trans ID: LCV2022332166
`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 4 of 22 PageID: 10
`
`CIVIL CASE INFORMATION STATEMENT
`(CIS)
`Use for initial pleadings (not motions) under Rule 4:5-1
`
`CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.)
`Track I - 150 days' discovery
`151 NAME CHANGE
`175 FORFEITURE
`302 TENANCY
`399 REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction)
`502 BOOK ACCOUNT (debt collection matters only)
`505 OTHER INSURANCE CLAIM (including declaratory judgment actions)
`506 PIP COVERAGE
`510 UM or UIM CLAIM (coverage issues only)
`511 ACTION ON NEGOTIABLE INSTRUMENT
`512 LEMON LAW
`801 SUMMARY ACTION
`802 OPEN PUBLIC RECORDS ACT (summary action)
`999 OTHER (briefly describe nature of action)
`
`Track II - 300 days' discovery
`305 CONSTRUCTION
`509 EMPLOYMENT (other than CEPA or LAD)
`599 CONTRACT/COMMERCIAL TRANSACTION
`603N AUTO NEGLIGENCE – PERSONAL INJURY (non-verbal threshold)
`603Y AUTO NEGLIGENCE – PERSONAL INJURY (verbal threshold)
`605 PERSONAL INJURY
`610 AUTO NEGLIGENCE – PROPERTY DAMAGE
`621 UM or UIM CLAIM (includes bodily injury)
`699 TORT – OTHER
`Track III - 450 days' discovery
`005 CIVIL RIGHTS
`301 CONDEMNATION
`602 ASSAULT AND BATTERY
`604 MEDICAL MALPRACTICE
`606 PRODUCT LIABILITY
`607 PROFESSIONAL MALPRACTICE
`608 TOXIC TORT
`609 DEFAMATION
`616 WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES
`617 INVERSE CONDEMNATION
`618 LAW AGAINST DISCRIMINATION (LAD) CASES
`Track IV - Active Case Management by Individual Judge / 450 days' discovery
`156 ENVIRONMENTAL/ENVIRONMENTAL COVERAGE LITIGATION
`303 MT. LAUREL
`508 COMPLEX COMMERCIAL
`513 COMPLEX CONSTRUCTION
`514 INSURANCE FRAUD
`620 FALSE CLAIMS ACT
`701 ACTIONS IN LIEU OF PREROGATIVE WRITS
`Multicounty Litigation (Track IV)
`292 PELVIC MESH/BARD
`271 ACCUTANE/ISOTRETINOIN
`293 DEPUY ASR HIP IMPLANT LITIGATION
`274 RISPERDAL/SEROQUEL/ZYPREXA
`295 ALLODERM REGENERATIVE TISSUE MATRIX
`281 BRISTOL-MYERS SQUIBB ENVIRONMENTAL
`296 STRYKER REJUVENATE/ABG II MODULAR HIP STEM COMPONENTS
`282 FOSAMAX
`297 MIRENA CONTRACEPTIVE DEVICE
`285 STRYKER TRIDENT HIP IMPLANTS
`299 OLMESARTAN MEDOXOMIL MEDICATIONS/BENICAR
`286 LEVAQUIN
`300 TALC-BASED BODY POWDERS
`287 YAZ/YASMIN/OCELLA
`601 ASBESTOS
`289 REGLAN
`290 POMPTON LAKES ENVIRONMENTAL LITIGATION 623 PROPECIA
`291 PELVIC MESH/GYNECARE
`
`If you believe this case requires a track other than that provided above, please indicate the reason on Side 1,
`in the space under "Case Characteristics.
`Please check off each applicable category
`
`Putative Class Action
`
`Title 59
`
`Effective 10/01/2016, CN 10517
`
`page 2 of 2
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 3 of 14 Trans ID: LCV2022332166
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`
`LAW OFFICES OF ERIC A. SHORE
`Brian M. Doyle, Esq.
`Attorney ID: 04657-2011
`2 Penn Center; Suite 1240
`1500 John F. Kennedy, Blvd.
`Philadelphia, PA 19102
`P: (215) 944-6113
`BrianD@EricShore.com
`Attorney for Plaintiff, Jeannette Buffalo
`
`JEANNETTE JOHNSON-BUFFALO;
`
` Plaintiff,
`
`v.
`
`NEW JERSEY SUPERIOR COURT
`CAMDEN COUNTY
`LAW DIVISION
`
`Civil Action
`
`UNIVERSITY OF PENNSYLVANIA
`HEALTH SYSTEM.; JOHN/JANE DOES 1-5;
`and/or ABC CORPS 1-5,
`
`DOCKET NO. ________________________
`
`COMPLAINT AND JURY DEMAND
`
` Defendants.
`
`PRELIMINARY STATEMENT
`
`Plaintiff Jeannette Johnson-Buffalo (“Plaintiff”) brings this civil action against Defendant
`
`University of Pennsylvania Health System. (“Defendant”) under the New Jersey Law Against
`
`Discrimination, N.J.S.A. §§ 10:5-1, et seq. (“LAD”); and the Family and Medical Leave Act, 29
`
`U.S.C §§ 2601, et seq. (“FMLA”).
`
`Specifically, Plaintiff alleges that Defendant failed to engage in the interactive process
`
`with Plaintiff, failed to reasonably accommodate Plaintiff’s disability, retaliated against Plaintiff
`
`for requesting an accommodation in violation of the LAD, and unlawfully terminated Plaintiff’s
`
`employment in retaliation for utilizing medical leave under the FMLA.
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 4 of 14 Trans ID: LCV2022332166
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`
`IDENTIFICATION OF PARTIES
`
`1.
`
`Plaintiff is a resident of the Commonwealth of Pennsylvania, and, at all relevant
`
`times herein, was an employee of Defendant at its location at 1865 East Route 70, Cherry Hill
`
`New Jersey 08003.
`
`2.
`
`Defendant is a corporate entity doing business in New Jersey, with a main
`
`business address in New Jersey at 1865 East Route 70, Cherry Hill New Jersey 08003, and was,
`
`at all relevant times herein, the employer of Plaintiff, jointly and severally.
`
`3.
`
`4.
`
`5.
`
`At all times relevant herein, Defendant was the employer of Plaintiff.
`
`GENERAL ALLEGATIONS
`
`Plaintiff worked for Defendant from August 16, 2004 through January 2016.
`
`Defendant rehired Plaintiff on June 25 2018 as an Accounts Receivable
`
`Representative.
`
`6.
`
`At all times pertinent hereto, Plaintiff was meeting or exceeding Defendant’s
`
`lawful employment expectations.
`
`7.
`
`As Defendant’s Accounts Receivable Representative, Plaintiff’s responsibilities
`
`included completing pre-certification’s for the cardiology departments within Defendant’s
`
`hospital system. Due to this work responsibility, Plaintiff spent most of working day typing on a
`
`keyboard.
`
`8.
`
`In or around January 2019, Plaintiff began to experience debilitating pain in each
`
`of her hands. This pain impacted Plaintiff’s ability to type on her keyboard.
`
`9.
`
`In or around April 2019, Plaintiff was diagnosed with bilateral carpal tunnel
`
`syndrome. Due to this condition, Plaintiff experienced numbness and pain in both of her hands
`
`

`

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`
`and wrists. While this condition impacted Plaintiff’s ability to type, she could otherwise meet
`
`the essential job requirements of her position.
`
`10.
`
`Plaintiff was also previously diagnosed with
`
`fibromyalgia. Plaintiff’s
`
`fibromyalgia exacerbated the pain Plaintiff experienced in her hands and wrists and made
`
`Plaintiff fatigued on an intermittent basis.
`
`11.
`
`In June 2019, Plaintiff applied for intermittent medical leave, in accordance with
`
`Defendant’s Family and Medical Leave Act (FMLA) policy and procedures.
`
`12.
`
`Defendant approved Plaintiff for intermittent FMLA. Under the terms of
`
`Plaintiff’s leave, Plaintiff was permitted to be absent three days per month during the period of
`
`June 26, 2019 through December 26, 2019.
`
`13.
`
`In Fall of 2019, Plaintiff asked her supervisor, Billing Manager Julie Smith, is she
`
`could receive accommodations for her carpal tunnel syndrome. Plaintiff asked to receive
`
`periodic breaks so that she could rest her hands from typing. Plaintiff also asked to be provided
`
`with a “speak to type” system.
`
`14.
`
`Following this request, Plaintiff met with Michael (last name unknown) for
`
`Defendant’s Human Resources department. Michael told Plaintiff that because she was not a
`
`doctor, that she was not permitted to use “speak to type” software.
`
`15.
`
`In November 2019, Plaintiff met with Michael and complained about the manner
`
`in which she was being treated within her department and the lack of accommodations she had
`
`received. In response, Michael told Plaintiff words to the effect of “why don’t you just take time
`
`off or get a new job.”
`
`16.
`
`In November 2019, Plaintiff applied for continuous medical leave, in accordance
`
`with Defendant’s FMLA policy and procedures.
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 6 of 14 Trans ID: LCV2022332166
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`
`17.
`
`Defendant approved Plaintiff for continuous FMLA leave for the period of
`
`November 7, 2019 through January 20, 2020. Defendant also approved Plaintiff for
`
`supplemental medical leave from January 20, 2020 through February 24, 2020.
`
`18.
`
`On January 3, 2020 Dr. Agnes Z. Dardas wrote a letter on Plaintiff’s behalf. In
`
`this letter, Dr. Dardas indicated that Plaintiff was under her care for bilateral carpal tunnel
`
`syndrome and recently received surgical treatment. Dr. Dardas indicated that Plaintiff could not
`
`return to work until she received her first post-operative checkup.
`
`19.
`
`On or about January 16, 2020, Plaintiff’s medical provider completed a Return-to-
`
`Work release form on Plaintiff’s behalf. This form indicated that Plaintiff could return to work
`
`on February 24, 2020.
`
`20.
`
`On February 10, 2020 Plaintiff sent a text message to her supervisor, Billing
`
`Manager Julie Smith. In this message, Plaintiff indicated that she would have to wear splints
`
`while typing. Plaintiff further indicated that her therapist recommended that Plaintiff receive a
`
`“desk assessment” to determine whether her work environment could be modified in light of her
`
`disabilities.
`
`21.
`
`Smith did not respond or otherwise engage in the interactive process with
`
`Plaintiff.
`
`22.
`
`23.
`
`Plaintiff returned to work on February 24, 2020.
`
`On February 24, 2020 Defendant terminated Plaintiff on due to Plaintiff’s alleged
`
`“failure to complete work properly.”
`
`24.
`
`Plaintiff believes that Defendant’s explanation for her termination is pretextual.
`
`COUNT I
`
`Failure to Engage in the Interactive Process in Violation of the New Jersey
`Law Against Discrimination, N.J.S.A. §§ 10:5-1, et seq.
`
`

`

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`
`25.
`
`Plaintiff repeats and incorporates by way of reference each and every allegation
`
`contained in the previous paragraphs as if fully set forth herein.
`
`26.
`
`Plaintiff’s medical conditions caused her to be disabled within the meaning of the
`
`LAD, N.J.S.A. § 10:5-5(q).
`
`27.
`
`28.
`
`Defendant knew or should have known that Plaintiff was disabled.
`
`Plaintiff was able to perform all of the essential functions of her job with or
`
`without a reasonable accommodation.
`
`29.
`
`Plaintiff requested multiple times for an accommodation for her disability, which
`
`would have allowed her to perform the essential functions of her job.
`
`30.
`
`Upon Plaintiff’s requests for an accommodation, Defendant failed to make a good
`
`faith effort to find an accommodation.
`
`31.
`
`Defendant did not engage
`
`in
`
`the
`
`interactive process
`
`to determine an
`
`accommodation, and instead terminated Plaintiff’s employment.
`
`32.
`
`Defendant acted egregiously, maliciously, wantonly, or willfully in disregard of
`
`Plaintiff’s rights under the LAD, therefore, punitive damages are warranted.
`
`33.
`
`As a result of Defendant’s actions, Plaintiff has suffered and continues to suffer
`
`damages.
`
`WHEREFORE, Plaintiff demands judgment against Defendant, jointly or severally,
`
`together with an award of damages in an amount to be determined at trial, including
`
`compensatory damages, punitive damages, costs of suit, attorneys’ fees and enhancements,
`
`interest, and any other relief as the Court deems just and necessary.
`
`COUNT II
`Failure to Accommodate Disability in Violation of the New Jersey Law
`Against Discrimination, N.J.S.A. §§ 10:5-1, et seq.
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 8 of 14 Trans ID: LCV2022332166
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`
`34.
`
`Plaintiff repeats and incorporates by way of reference each and every allegation
`
`contained in the previous paragraphs as if fully set forth herein.
`
`35.
`
`Plaintiff’s medical conditions caused her to be disabled within the meaning of the
`
`LAD, N.J.S.A. § 10:5-5(q).
`
`36.
`
`37.
`
`Defendant knew or should have known that Plaintiff was disabled.
`
`Plaintiff was able to perform all of the essential functions of her job with or
`
`without a reasonable accommodation.
`
`38.
`
`Plaintiff requested an accommodation for her disability, which would have
`
`allowed her to perform the essential functions of her job.
`
`39.
`
`This reasonable accommodation for Plaintiff’s disability as it would not have
`
`caused an undue burden on Defendant’s business.
`
`40.
`
`Defendant failed
`
`to reasonably accommodate Plaintiff by denying her
`
`accommodation and terminating her employment.
`
`41.
`
`Defendant acted egregiously, maliciously, wantonly, or willfully in disregard of
`
`Plaintiff’s rights under the LAD, therefore, punitive damages are warranted.
`
`42.
`
`As a result of Defendant’s actions, Plaintiff has suffered and continues to suffer
`
`damages.
`
`WHEREFORE, Plaintiff demands judgment against Defendant, jointly or severally,
`
`together with an award of damages in an amount to be determined at trial, including
`
`compensatory damages, punitive damages, costs of suit, attorneys’ fees and enhancements,
`
`interest, and any other relief as the Court deems just and necessary.
`
`COUNT III
`Retaliation in Violation of the New Jersey Law Against Discrimination,
`N.J.S.A. §§ 10:5-1, et seq.
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 9 of 14 Trans ID: LCV2022332166
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`
`43.
`
`Plaintiff repeats and incorporates by way of a reference each and every allegation
`
`contained in the previous paragraphs as if set forth herein.
`
`44.
`
`Plaintiff’s medical conditions caused her to be disabled within the meaning of the
`
`LAD, N.J.S.A. § 10:5-5(q).
`
`45.
`
`Plaintiff engaged
`
`in activity protected by
`
`the LAD by requesting an
`
`accommodation from Defendants for her disability.
`
`46.
`
`As a result of Plaintiff’s engagement in protected activity, Defendant terminated
`
`Plaintiff’s employment.
`
`47.
`
`Defendant acted egregiously, maliciously, wantonly, or willfully in disregard of
`
`Plaintiff’s rights under the LAD, therefore, punitive damages are warranted.
`
`48.
`
`As a result of Defendant’s actions, Plaintiff has suffered and continues to suffer
`
`damages.
`
`WHEREFORE, Plaintiff demands judgment against Defendant, jointly or severally,
`
`together with an award of damages in an amount to be determined at trial, including
`
`compensatory damages, punitive damages, costs of suit, attorneys’ fees and enhancements,
`
`interest, and any other relief as the Court deems just and necessary.
`
`COUNT IV
`Interference With or Denial of Plaintiff’s Right to Take Leave in Violation of the Family
`and Medical Leave Act, 29 U.S.C. § 2615(a)(1))
`
`49. Plaintiff repeats and incorporates by way of reference each and every allegation
`
`contained in the previous paragraphs as if fully set forth herein.
`
`50. Plaintiff was entitled to the protections or benefits of the FMLA.
`
`51. Plaintiff’s medical conditions qualified as a “serious health condition” under the FMLA,
`
`29 U.S.C. § 2611(11).
`
`

`

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`
`52. Plaintiff worked for Defendant for more than twelve months prior to inquiring about
`
`potential FMLA leave, and within the immediately preceding twelve months, worked more than
`
`1,250 hours. Therefore, Plaintiff possessed the requisite length of service and number of hours
`
`worked to qualify as an “eligible employee” under the FMLA, 29 U.S.C. § 2611(2).
`
`53. Defendant employs fifty or more employees within a seventy-five-mile radius and,
`
`therefore, qualifies as an “employer” under the FMLA, 29 U.S.C. § 2611(4).
`
`54. The FMLA makes it “unlawful for any employer to interfere with, restrain, or deny the
`
`exercise of, or the attempt to exercise, any right provided under [it],” 29 U.S.C. § 2615(a)(1).
`
`55. Plaintiff inquired about leave under the FMLA to care for her own serious health
`
`condition and her mother’s serious health condition.
`
`56. After inquiring about possibly taking leave under the FMLA to care for her own serious
`
`health condition and her mother’s serious health condition, Defendant terminated her and, in
`
`doing so, interfered with, restrained, or denied Plaintiff’s entitlement to FMLA leave in violation
`
`of 29 U.S.C. § 2615(a)(1).
`
`57. As a direct and proximate result of Defendant’s violation of the FMLA, Plaintiff has
`
`suffered and continues to suffer damages.
`
`WHEREFORE, Plaintiff demands judgment against Defendants, jointly or severally,
`
`together with an award of damages in an amount to be determined at trial, including
`
`compensatory damages, punitive damages, costs of suit, attorneys’ fees and enhancements,
`
`interest, and any other relief as the Court deems just and necessary.
`
`COUNT VII
`EQUITABLE RELIEF
`
`58. Plaintiff hereby repeats and re-alleges the preceding and succeeding paragraphs as though
`
`fully set forth herein.
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 11 of 14 Trans ID: LCV2022332166
`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 13 of 22 PageID: 19
`
`59. Plaintiff requests this Court declare the practices stated herein to be a violation of the
`
`FMLA, and/or LAD.
`
`60. Plaintiff requests equitable reinstatement, with equitable back pay, equitable front pay
`
`and all benefits received by Plaintiff as a result of their employment equitably restored.
`
`61. Plaintiff requests Defendants purge their files of any reference to Plaintiff’s termination
`
`which this Court finds in violation of the FMLA, and/or LAD.
`
`62. Plaintiff requests any other equitable relief this Court deems reasonable and just.
`
`WHEREFORE, Plaintiff demands judgment against the Defendants, together with
`
`compensatory damages, punitive damages, costs of suit, attorney’s fees and enhancements,
`
`interest and any other relief the court deems equitable and just.
`
`DEMAND TO PRESERVE EVIDENCE
`
`Defendants are hereby directed to preserve any and all physical, electronic and/or digital
`
`information or data pertaining in any way to Plaintiff’s employment, to Plaintiff’s allegations,
`
`causes of action or defense to Plaintiff’s allegations or causes of action as well as any and all
`
`evidence pertaining to any party or employee of any party, including but not limited to physical,
`
`electronic and/or digital data (electronically stored information), web pages, social media
`
`profiles, pages or identities, emails, voice messages, text messages, instant messages or
`
`messaging systems, recordings, digital recordings, media images and videos, temporary memory,
`
`memory sticks, portable memory devices, laptops or computers, CDs, DVDs, USB devices,
`
`databases, computer activity logs, internet browsing history (including cookies), network access
`
`and server activity logs, word processing files and file fragments, back-up and archival files,
`
`imaging and facsimile files, electronic calendar and scheduling program files and file fragments
`
`as well as any other contact and relationship management data (e.g., Outlook, ACT!), electronic
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 12 of 14 Trans ID: LCV2022332166
`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 14 of 22 PageID: 20
`
`spreadsheet files and file fragments, related to this matter. This includes a request that such
`
`information not be modified, altered or deleted as a result of data compression or disk
`
`fragmentation (or other optimizations procedures), which processes you are hereby directed to
`
`suspend until such time as that data can be preserved, copied and produced.
`
`In terms of paper information, Defendants are directed to preserve any and all contracts
`
`and contract drafts, emails, memos and drafts of memos, handbooks (past and present), policies
`
`(past and present) and drafts, employment files, pay stubs or duplicates, spreadsheets, lists,
`
`reports, documents, notes, correspondence, photographs, investigative information or other
`
`documents which pertain in any way to the controversy, parties or witnesses in this matter.
`
`INITIAL REQUEST FOR INSURANCE INFORMATION
`
`Defendants are hereby requested to provide copies of any and all policies of insurance
`
`which may provide coverage for the claims and causes of action contained in this complaint.
`
`JURY DEMAND & TRIAL COUNSEL DESIGNATION
`
`Plaintiff hereby demands a trial by jury. Brian M. Doyle, Esq. of the Law Offices of Eric
`
`A. Shore is hereby designated trial counsel.
`
`Dated:
`
`January 26, 2022
`
`By: /s/ Brian M. Doyle
`BRIAN M. DOYLE, ESQUIRE
` Attorney for Plaintiff, Jeannette Buffalo
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 13 of 14 Trans ID: LCV2022332166
`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 15 of 22 PageID: 21
`
`RULE 4:5-1 CERTIFICATION
`
`I, Brian M. Doyle, Esq., hereby certify the following:
`
`1. I am an attorney, licensed to practice law in the State of New Jersey and am
`
`responsible for the above captioned matter.
`
`2. To the best of my knowledge and belief, this matter in controversy is not the subject
`
`of any other action pending in any Court or of a pending arbitration proceeding, nor is any such
`
`proceeding contemplated at this time.
`
`LAW OFFICES OF ERIC A. SHORE
`
`By: /s/ Brian M. Doyle
`BRIAN M. DOYLE, ESQUIRE
` Attorney for Plaintiff, Jeannette Buffalo
`
`Dated:
`
`January 26, 2022
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 14 of 14 Trans ID: LCV2022332166
`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 16 of 22 PageID: 22
`
`LAW OFFICES OF ERIC A. SHORE
`Brian M. Doyle, Esq.
`Attorney ID: 04657-2011
`2 Penn Center; Suite 1240
`1500 John F. Kennedy, Blvd.
`Philadelphia, PA 19102
`P: (215) 944-6113
`BrianD@EricShore.com
`Attorney for Plaintiff, Jeannette Buffalo
`
`JEANNETTE JOHNSON-BUFFALO;
`
` Plaintiff,
`
`v.
`
`NEW JERSEY SUPERIOR COURT
`CAMDEN COUNTY
`LAW DIVISION
`
`Civil Action
`
`UNIVERSITY OF PENNSYLVANIA
`HEALTH SYSTEM.; JOHN/JANE DOES 1-5;
`and/or ABC CORPS 1-5,
`
`DOCKET NO. ________________________
`
`VERIFICATION
`
`Defendants.
`
`I, Jeannette Johnson-Buffalo, Plaintiff in the annexed Complaint, hereby state I have
`
`reviewed the foregoing factual allegations of the Complaint against Defendant University of
`
`Pennsylvania Health System, and verify that the statements therein are true to the best of my
`
`information, knowledge, and belief.
`
`DATE:
`
`January 26, 2022
`
`2022-01-25 22:44:40 UTC - 172.58.200.126
`
`______________________
`Jeannette Johnson-Buffalo
`
`2-9d4f-ae28014d2224
`
`

`

`CAM-L-000212-22 01/26/2022 9:25:18 AM Pg 1 of 1 Trans ID: LCV2022332166
`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 17 of 22 PageID: 23
`
`Civil Case Information Statement
`
`Case Details: CAMDEN | Civil Part Docket# L-000212-22
`
`Case Caption: JOHNSON-BUFFALO JEANNETTE VS
`UNIVERSITY OF PENNS
`Case Initiation Date: 01/26/2022
`Attorney Name: BRIAN M DOYLE
`Firm Name: ERIC A. SHORE, PC
`Address: 1500 JFK BLVD TWO PENN CTR STE 1240
`PHILADELPHIA PA 19102
`Phone: 2156279999
`Name of Party: PLAINTIFF : Johnson-Buffalo, Jeannette
`Name of Defendant’s Primary Insurance Company
`(if known): Unknown
`
`Case Type: LAW AGAINST DISCRIMINATION (LAD) CASES
`Document Type: Complaint with Jury Demand
`Jury Demand: YES - 6 JURORS
`Is this a professional malpractice case? NO
`Related cases pending: NO
`If yes, list docket numbers:
`Do you anticipate adding any parties (arising out of same
`transaction or occurrence)? NO
`
`Are sexual abuse claims alleged by: Jeannette Johnson-Buffalo?
`NO
`
`THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
`CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
`
`Do parties have a current, past, or recurrent relationship? YES
`If yes, is that relationship: Employer/Employee
`Does the statute governing this case provide for payment of fees by the losing party? YES
`Use this space to alert the court to any special case characteristics that may warrant individual
`management or accelerated disposition:
`
`Do you or your client need any disability accommodations? NO
`If yes, please identify the requested accommodation:
`
`Will an interpreter be needed? NO
`If yes, for what language:
`
`Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
`
`I certify that confidential personal identifiers have been redacted from documents now submitted to the
`court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
`
`01/26/2022
`Dated
`
`/s/ BRIAN M DOYLE
`Signed
`
`

`

`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 18 of 22 PageID: 24
`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 18 of 22 PagelD: 24
`
`EXHIBIT B
`EXHIBIT B
`
`

`

` CAMDEN COUNTY
` SUPERIOR COURT
` HALL OF JUSTICE
` CAMDEN NJ 08103
` TRACK ASSIGNMENT NOTICE
` COURT TELEPHONE NO. (856) 650-9100
` COURT HOURS 8:30 AM - 4:30 PM
` DATE: JANUARY 26, 2022
` RE: JOHNSON-BUFFALO JEANNETTE VS UNIVERSITY OF PENNS
` DOCKET: CAM L -000212 22
` THE ABOVE CASE HAS BEEN ASSIGNED TO: TRACK 3.
` DISCOVERY IS 450 DAYS AND RUNS FROM THE FIRST ANSWER OR 90 DAYS
` FROM SERVICE ON THE FIRST DEFENDANT, WHICHEVER COMES FIRST.
` THE PRETRIAL JUDGE ASSIGNED IS: HON ANTHONY M. PUGLIESE
` IF YOU HAVE ANY QUESTIONS, CONTACT TEAM 301
` AT: (856) 650-9100 EXT 43143.
` IF YOU BELIEVE THAT THE TRACK IS INAPPROPRIATE YOU MUST FILE A
` CERTIFICATION OF GOOD CAUSE WITHIN 30 DAYS OF THE FILING OF YOUR PLEADING.
` PLAINTIFF MUST SERVE COPIES OF THIS FORM ON ALL OTHER PARTIES IN ACCORDANCE
` WITH R.4:5A-2.
` ATTENTION:
` ATT: BRIAN M. DOYLE
` ERIC A. SHORE, PC
` 1500 JFK BLVD
` TWO PENN CTR STE 1240
` PHILADELPHIA PA 19102
` ECOURTS
`
`CAM L 000212-22 01/27/2022 4:41:14 AM Pg 1 of 1 Trans ID: LCV2022344910
`
`

`

`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 20 of 22 PageID: 26
`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 20 of 22 PagelD: 26
`
`EXHIBIT C
`EXHIBIT C
`
`

`

`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 21 of 22 PageID: 27
`
`Case 1:22-cv-01171 Document 1-1 Filed 03/03/22 Page 21 of 22 PagelD: 27
`
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`CASE JACKET | User:TODD EWAN
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`Docket Number: CAML 000212 - 22
`
`
`Case Caption: Johnson-Buffalo Jeannette Vs University Of Penns
`
`Case Type: Law A