Complaint Against Alliance for Progress Charter School, INC. , Filed by Cheryl MILES.(Kramer, Mary)

JS 44 (Rev. 10/20)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

(c)

Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff and One Box for Defendant) (For Diversity Cases Only)

U.S. Government

Federal Question PTF DEF PTF DEF

Plaintiff

(U.S. Government Not a Party) Citizen of This State Incorporated or Principal Place of Business In This State

U.S. Government

Diversity Citizen of Another State Incorporated and Principal Place

Defendant

(Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a Foreign Nation Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)

Click here for: Nature of Suit Code Descriptions. CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance

PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act

120 Marine

310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC

130 Miller Act

315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))

140 Negotiable Instrument

Liability 367 Health Care/ 400 State Reapportionment

150 Recovery of Overpayment

320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust

& Enforcement of Judgment

Slander Personal Injury 820 Copyrights 430 Banks and Banking

151 Medicare Act

330 Federal Employers’ Product Liability 830 Patent 450 Commerce

152 Recovery of Defaulted

Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation

Student Loans

340 Marine Injury Product New Drug Application 470 Racketeer Influenced and

(Excludes Veterans)

345 Marine Product Liability 840 Trademark Corrupt Organizations

153 Recovery of Overpayment

Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit

of Veteran’s Benefits

350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)

160 Stockholders’ Suits

355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer

190 Other Contract

Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act

195 Contract Product Liability

360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV

196 Franchise

Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/ 362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts

210 Land Condemnation

440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters

220 Foreclosure

441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information

230 Rent Lease & Ejectment

442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act

240 Torts to Land

443 Housing/ Sentence or Defendant) 896 Arbitration

245 Tort Product Liability

Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure

290 All Other Real Property

445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION Act/Review or Appeal of Employment Other: 462 Naturalization Application Agency Decision 446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of Other 550 Civil Rights Actions State Statutes 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement

V. ORIGIN (Place an “X” in One Box Only)

Original Proceeding

2 Removed from State Court Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District (specify) 6 Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File VI. CAUSE OF ACTION Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause: VII. REQUESTED IN COMPLAINT: CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: Yes No VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE 26 USC 7609 Philadelphia Philadelphia CHERYL MILES

Mary Kramer; Murphy Law Group, LLC; Eight Penn Center, Suite 2000, 1628 John F. Kennedy Blvd., Philadelphia, PA 19103; 267-273-1054

ALLIANCE FOR PROGRESS CHARTER SCHOOL, INC. American with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq. DISCRIMINATION, FAILURE TO ACCOMMODATE, FAILURE TO ENGAGE IN THE INTERACTIVE PROCESS, AND RETALIATION

Mar 30, 2026

/s/ Mary Kramer

10/2024

Place of Accident, Incident, or Transaction:_______________________________________________________________________ RELATED CASE IF ANY: Case Number:______________________ Judge:________________________________

A.

Federal Question Cases: B. Diversity Jurisdiction Cases: 1.

Indemnity Contract, Marine Contract, and All Other Contracts) 1. Insurance Contract and Other Contracts 2.

FELA 2. Airplane Personal Injury 3.

Jones Act-Personal Injury 3. Assault, Defamation 4.

Antitrust 4. Marine Personal Injury 5.

Wage and Hour Class Action/Collective Action 5. Motor Vehicle Personal Injury

does not have implications

beyond the parties before the court and does /

does not seek to bar or mandate statewide or nationwide enforcement of a state or

federal law including a rule, regulation, policy, or order of the executive branch or a state or federal agency, whether by declaratory judgment and/or any form of injunctive relief.

I certify that, to the best of my knowledge and belief: Pursuant to Local Civil Rule 53.2(3), this case is not eligible for arbitration either because (1) it seeks relief other than money damages; (2) the money damages sought are in excess of $150,000 exclusive of interest and costs; (3) it is a social security case, includes a prisoner as a party, or alleges a violation of a right secured by the U.S. Constitution, or (4) jurisdiction is based in whole or in part on 28 U.S.C. § 1343. None of the restrictions in Local Civil Rule 53.2 apply and this case is eligible for arbitration. NOTE: A trial de novo will be by jury only if there has been compliance with F.R.C.P. 38.

1722 Cecil B. Moore Avenue, Philadelphia, PA 19121 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CHERYL MILES :

3128 Westmont Street

:

Philadelphia, PA 19121

: : Civil Action No.: _______________ Plaintiff, : : v. : : JURY TRIAL DEMANDED ALLIANCE FOR PROGRESS : CHARTER SCHOOL, INC. :

1722 Cecil B. Moore Avenue

:

Philadelphia, PA 19121

: : Defendant. : COMPLAINT – CIVIL ACTION Plaintiff, Cheryl Miles (“Plaintiff”), by and through her undersigned counsel, for her

Complaint against Alliance for Progress Charter School, Inc. (“Defendant”), alleges as follows:

INTRODUCTION 1. Plaintiff initiates this action contending Defendant violated the American with

Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq., and Pennsylvania Human Relations Act (“PHRA”), 43 P.S. § 951, et seq., by failing to provide reasonable accommodations to Plaintiff; failing to engage in the interactive process; and terminating Plaintiff because of her actual and/or perceived disabilities, because of her past record of impairment, and in retaliation for requesting a reasonable accommodation in connection thereto.

public policy for asserting her rights under the Pennsylvania Workers’ Compensation Act.

PARTIES 3. Plaintiff Cheryl Miles is a citizen of the United States and Pennsylvania and

currently maintains a residence at 3128 Westmont Street, Philadelphia, PA 19121.

organized and existing under the laws of the Commonwealth of Pennsylvania with a registered office address and principal place of business located at 1722 Cecil B. Moore Avenue, Philadelphia, PA 19121.

JURISDICTION AND VENUE 5. Paragraphs 1 through 4 are hereby incorporated by reference as though the same

were fully set forth at length herein.

United States Equal Employment Opportunity Commission (“EEOC”), which was dual-filed with the Pennsylvania Human Relations Commission (“PHRC”), thereby satisfying the requirements of 42 U.S.C. §§ 2000e5(b) and (e), and 43 P.S. § 959(a).

was filed within one-hundred and eighty (180) days of the unlawful employment practice.

Sue from the EEOC regarding her Charge, advising her that she had ninety (90) days to file suit against Defendant.

(her dual-filed Charge of Discrimination), thereby entitling Plaintiff to bring her PHRA claims in court.

claims.

all conditions precedent to maintaining this action.

as well as it is a civil rights action arising under the laws of the United States.

those claims arise out of the same nucleus of operative fact as Plaintiff’s federal law claims.

resides in this judicial district and does business herein, and the unlawful practices of which Plaintiff is complaining were committed in this judicial district.

FACTUAL ALLEGATIONS 16. Paragraphs 1 through 15 are hereby incorporated by reference as though the same

were fully set forth at length herein.

17.

Plaintiff began her employment with Defendant on or about August 12, 2024, in

the position of Third Grade Teacher.

18.

At all times material hereto, Plaintiff performed her job well, received occasional

praise, and no justifiable discipline.

19.

By way of background, on or about October 21, 2024, Plaintiff suffered a

workplace injury.

20.

Plaintiff was injured while in the process of breaking up a fight between two of

Defendant’s students.