Galligan v. Detroit Free Press

293 F. Supp. 3d 707
CourtDistrict Court, E.D. Michigan
DecidedMarch 6, 2018
DocketCase No. 17–cv–13349
StatusPublished
Cited by1 cases

This text of 293 F. Supp. 3d 707 (Galligan v. Detroit Free Press) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Galligan v. Detroit Free Press, 293 F. Supp. 3d 707 (E.D. Mich. 2018).

Opinion

MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE

ORDER (1) DENYING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT (ECF # 14) AND (2) GRANTING PLAINTIFFS' MOTION TO COMPEL DEFENDANTS TO ENGAGE IN A 26(f) CONFERENCE (ECF # 26)

In this action, Plaintiffs Kathleen Galligan, Mary Schroeder, Rose Ann McKean, Regina H. Boone, Susan Mickels and Ann Zaniewski assert that Defendants the Detroit Free Press and Gannett Co., Inc. violated the federal Equal Pay Act of 1963, 29 U.S.C. § 206(d) (the "EPA") and Michigan's Elliott-Larsen Civil Rights Act, Mich. Comp. Laws § 37.2202 (the "ELCRA") by paying them less than "similarly situated male colleagues on the basis of their gender, female, even though [they] performed similar duties requiring the same skill, effort, and responsibility of male counterparts." (Am. Compl. at ¶ 118, ECF # 9 at Pg. ID 84; see also id. at ¶ 129, Pg. ID 86.) There are currently two motions pending before the Court: Defendants' motion to dismiss Plaintiffs' Amended Complaint (see ECF # 14) and Plaintiffs' motion to compel Defendants to engage in a Rule 26(f) conference. (See ECF # 26.) For the reasons explained below, the Court DENIES Defendants' motion to dismiss and GRANTS Plaintiffs' motion to compel.

I

A1

Plaintiffs are employees of the Detroit Free Press, a wholly-owned subsidiary of Gannett. (See Am. Compl. at ¶¶ 1, 9, ECF # 9 at Pg. ID 64-65.) The Amended Complaint alleges the following facts specific to each Plaintiff and her position:

1. Kathleen Galligan

In December 2002, the Detroit Free Press hired Galligan as a full-time photographer. (See id. at ¶ 24, Pg. ID 68.) Galligan's primary duties and responsibilities as a photographer are as follows: "identify newsworthy stories; take and edit photographs and videos; present and edit images and videos; caption photographs or write copy blocks; present images and videos for editors' review; serve as liaisons between the Detroit Free Press and the Community; build and maintain contacts and sources within the community; manage any difficulties and safety issues associated with obtaining newsworthy images and videos in the field." (Id. at ¶ 40, Pg. ID 70.) All photographers employed by the Detroit Free Press have these same primary duties and responsibilities and perform substantially equal work. (See id. at ¶¶ 39-40, Pg. ID 70.) In addition, the work performed by all Detroit Free Press photographers *709requires equal skill, effort, and responsibility and is performed under similar working conditions. (See id. at ¶ 39, Pg. ID 70.)

Galligan holds a Bachelor's Degree in History and English from Madonna University. (See id. at ¶ 27, Pg. ID 68.) She has taken photography courses and completed specialized photography training. (See id. at ¶¶ 27, 30, Pg. ID 68-69.) Galligan has also received a number of honors and awards for her work. (See id. at ¶ 33, Pg. ID 69.) Galligan's performance, skills, experience, training, qualifications, and seniority are equal or substantially equal to those of male photographers at the Detroit Free Press. (See id. at ¶ 38, Pg. ID 70.) Despite that fact, the Detroit Free Press has consistently paid Galligan less than similarly-situated male photographers. (See id. at ¶¶ 36-37, Pg. ID 69-70.)

2. Mary Schroeder

In 1979, the Detroit Free Press hired Schroeder as a photographer. (See id. at ¶ 41, Pg. ID 71.) Schroeder assumed the position of full-time picture editor, or photography editor, in or around 2008. (See id. at ¶ 44, Pg. ID 71.) Schroeder's work is analogous to the work of an assistant editor. (See id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
293 F. Supp. 3d 707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galligan-v-detroit-free-press-mied-2018.