Case: EEOC v. Lifecare Management Services, LLC

2:08-cv-01358 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Sept. 30, 2008

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On September 30, 2008, the Equal Employment Opportunity Commission (EEOC) filed suit against Lifecare Management Services, LLC, and subsidiary LifeCare Hospitals of Pittsburgh, Inc. (collectively "Lifecare") for discriminatory employment practices (disparate treatment and hostile work environment) in violation of Section 102(a) of Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12112(a). The EEOC brought the claims as a result of charges filed by a business office manager at…

On September 30, 2008, the Equal Employment Opportunity Commission (EEOC) filed suit against Lifecare Management Services, LLC, and subsidiary LifeCare Hospitals of Pittsburgh, Inc. (collectively "Lifecare") for discriminatory employment practices (disparate treatment and hostile work environment) in violation of Section 102(a) of Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12112(a). The EEOC brought the claims as a result of charges filed by a business office manager at LifeCare Hospitals. The EEOC sought injunctive relief (in the form of an order not to discriminate against employees with disabilities, to develop policies to provide equal employment opportunities for such individuals, and to reinstate the employee) and monetary relief (back pay with interest, compensation for out-of-pocket expenses and emotional pain, and punitive damages).

On October 17, 2008, the employee was allowed to intervene in the case. Her amended complaint, filed November 11, 2008, added charges for discrimination and retaliation under the ADA, the FMLA, the Age Discrimination in Employment Act, and the Pennsylvania Human Relations act. She sought reinstatement, back pay, front pay, compensation, attorney fees, and punitive damages.

On September 30, 2008, the Equal Employment Opportunity Commission (EEOC) filed suit against Lifecare Management Services, LLC, and subsidiary LifeCare Hospitals of Pittsburgh, Inc. (collectively "Lifecare") for discriminatory employment practices (disparate treatment and hostile work environment) in violation of Section 102(a) of Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12112(a). The EEOC brought the claims as a result of charges filed by a business office manager at LifeCare Hospitals. The EEOC sought injunctive relief( in the form of an order not to discriminate against employees with disabilities, to develop policies to provide equal employment opportunities for such individuals, and to reinstate the employee) and monetary relief (back pay with interest, compensation for out of pocket expenses and emotional pain, and punitive damages).

On October 17, 2008, the employee was allowed to intervene in the case. Her amended complaint, filed November 11, 2008, added charges for discrimination and retaliation under the ADA, the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act, and the Pennsylvania Human Relations act. She sought reinstatement, back pay, front pay, compensation, attorney fees, and punitive damages.

Having been diagnosed with a form of colon cancer that was particularly likely to reoccur, the employee took a leave of absence under the FMLA. She was terminated a few weeks after the leave ended but soon allowed to resume work on a part-time basis largely from home. Later a new supervisor required her to work full time. He removed her full-time staff assistant, which in combination with other changes significantly increased her duties, even compared to her previous full-time employment. Eventually human resources told her to take a 12-week severance with pay and health insurance or risk being terminated for cause, which would involve no health insurance. After a series of misundertandings over whether she should continue to report to work, during which she repeatedly sought clarification, she was terminated for failure to report to work. Although she obtained unemployment compensation, Lifecare provided the state with inaccurate information about her loss of employment, which led to a proceeding on charges of fraud and the possibility that she would have to pay back $13,000 in benefits. She eventually prevailed in retaining her benefits.

The parties participated in mediation and eventually reached a settlement agreement. On May 8, 2008, Lifecare and the intervening employee stipulated to the dismissal with prejudice of her claims because the settlement with the EEOC covered the terms of her compensation. The Court (Judge Gary Lancaster) entered the settlement as a Consent Decree on May 12, 2009. Under the consent decree Lifecare did not have to reinstate the employee but did have to pay her $100,000 and all parties bore their own costs. Lifecare was required to keep detailed records of all complaints it received for the next year about a possible incident of disability discrimination and make them available to the EEOC upon request. Lifecare was also required to provide anti-disability-discrimination training to all employees and investigative training to all supervisor employees for the next year. Finally, Lifecare had to prepare a report at the end of the 1-year period of all the complaints of possible disability discrimination during that time and how they were handled. The 1-year period passed without incident, and the case is now closed.

Summary Authors

Kenneth Gray (6/13/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4942348/parties/equal-employment-opportunity-commission-v-lifecare-management-services/


Judge(s)

Bissoon, Cathy (Pennsylvania)

Lancaster, Gary L. (Pennsylvania)

Attorney for Plaintiff

Clickner, M. Jean (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

Attorney for Defendant
Expert/Monitor/Master/Other

Kotler, Helen R. (Pennsylvania)

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Documents in the Clearinghouse

Document

2:08-cv-01358

Docket

May 12, 2009

May 12, 2009

Docket
1339

2:08-cv-01358

Complaint

Equal Employment Opportunity Commission v. Lifecare Management Services, LLC

Sept. 30, 2008

Sept. 30, 2008

Complaint
8

2:08-cv-01358

Intervenor's Complaint

Equal Employment Opportunity Commission v. Lifecare Management Services, LLC

Oct. 17, 2008

Oct. 17, 2008

Complaint
16

2:08-cv-01358

Amended Intervenor's Complaint

Equal Employment Opportunity Commission v. Lifecare Management Services, LLC

Nov. 12, 2008

Nov. 12, 2008

Complaint
43

2:08-cv-01358

Memorandum Order

Equal Employment Opportunity Commission v. Lifecare Management Services, LLC

March 17, 2009

March 17, 2009

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4942348/equal-employment-opportunity-commission-v-lifecare-management-services/

Last updated Nov. 27, 2025, 4:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Lifecare Hospitals of Pittsburgh, Inc, # 3 Summons for Lifecare Management Services, LLC) (ksa) (Entered: 09/30/2008)

Sept. 30, 2008

Sept. 30, 2008

RECAP

Summons Issued as to LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. (ksa)

Sept. 30, 2008

Sept. 30, 2008

2

NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kly) (Entered: 10/01/2008)

Oct. 1, 2008

Oct. 1, 2008

Summons Reissued as to LIFECARE HOSPITALS OF PITTSBURGH, INC. (dgl)

Oct. 6, 2008

Oct. 6, 2008

3

MOTION to Intervene by Diana Altieri-Hand. (Attachments: # 1 Exhibit 1 to Motion to Intervene, # 2 Proposed Order) (Kotler, Helen) Modified on 10/16/2008 to correct typo. (ksa) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

4

RESPONSE to Motion re 3 Motion to Intervene filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

5

SUMMONS/Return of Service Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. LIFECARE HOSPITALS OF PITTSBURGH, INC served on 10/8/2008, answer due 10/28/2008. (Clickner, M.) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

6

NOTICE of Appearance by David F. Weiner on behalf of Diana Altieri-Hand (Attachments: # 1 Notice of Appearance) (Weiner, David) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

TEXT ORDER Response/Briefing Schedule re 3 Motion to Intervene. Response to Motion due by 10/22/2008. Signed by Judge Terrence F. McVerry on 10/16/2008. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)

Oct. 16, 2008

Oct. 16, 2008

7

ORDER granting 3 Motion to Intervene. Signed by Judge Terrence F. McVerry on 10/17/2008. (kly) (Entered: 10/17/2008)

Oct. 17, 2008

Oct. 17, 2008

8

Intervenor COMPLAINT, filed by DIANA ALTIERI-HAND. (Attachments: # 1 Exhibit 1) (Kotler, Helen) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

9

NOTICE of Appearance by Theodore A. Schroeder on behalf of LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC (Schroeder, Theodore) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

10

Disclosure Statement identifying LifeCare Holdings, Inc.; LCI Holdco, LLC; LCI Intermediate Holdco, Inc.; LCI Holding Company, Inc. as corporate parent or other affiliate, by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. (Schroeder, Theodore) (Entered: 10/21/2008)

Oct. 21, 2008

Oct. 21, 2008

11

NOTICE of Appearance by Christopher Michalski on behalf of LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC (Michalski, Christopher) (Entered: 10/24/2008)

Oct. 24, 2008

Oct. 24, 2008

12

Stipulation for Extension of Time to Answer by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. Answer due from LIFECARE MANAGEMENT SERVICES, LLC on 11/26/2008; LIFECARE HOSPITALS OF PITTSBURGH, INC on 11/26/2008. (Michalski, Christopher) (Entered: 10/24/2008)

Oct. 24, 2008

Oct. 24, 2008

13

SUMMONS/Return of Service Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. LIFECARE MANAGEMENT SERVICES, LLC served on 10/17/2008, answer due 11/26/2008. (Clickner, M.) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

14

MOTION to Amend/Correct 8 Intervenor Complaint Motion to Amend Caption and File Amended Intervenor Complaint by DIANA ALTIERI-HAND. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Kotler, Helen) (Entered: 11/11/2008)

Nov. 11, 2008

Nov. 11, 2008

15

ORDER granting 14 Motion to Amend/Correct. Signed by Judge Terrence F. McVerry on 11/12/2008. (kly) (Entered: 11/12/2008)

Nov. 12, 2008

Nov. 12, 2008

16

AMENDED Intervenor COMPLAINT, filed by DIANA ALTIERI-HAND. Related document: 8 Intervenor Complaint filed by DIANA ALTIERI-HAND. (Attachments: # 1 Exhibit 1) (Kotler, Helen) (Entered: 11/12/2008)

Nov. 12, 2008

Nov. 12, 2008

17

Defendants' ANSWER to 1 Complaint, and Additional Defenses by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. (Michalski, Christopher) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

18

Defendants' ANSWER to Amended Intervenor's Complaint and Additional Defenses by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. (Michalski, Christopher) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

19

INITIAL LOCAL RULE 16.1 SCHEDULING CONFERENCE: Case Management Conference set for 1/30/2009 10:15 AM in Courtroom 6C before Terrence F. McVerry. Rule 26 disclosures due by 12/22/2008. Rule 26 Report due by 1/12/2009. Signed by Judge Terrence F. McVerry on 12/2/2008. (Attachments: # 1 Exhibit Stipulation Selecting ADR Process, # 2 Exhibit Rule 26(f) Report) (kly) Modified on 12/3/2008 to edit docket text. (ksa) (Entered: 12/02/2008)

Dec. 2, 2008

Dec. 2, 2008

20

Unopposed MOTION To Reschedule Initial Case Management Conference re 19 Initial Local Rule 16.1 Scheduling Conference, by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. (Attachments: # 1 Proposed Order) (Michalski, Christopher) (Entered: 12/03/2008)

Dec. 3, 2008

Dec. 3, 2008

21

ORDER granting 20 Unopposed Motion to Reschedule Initial Case Management Conference. The Initial Case Management Conference has been RESCHEDULED to 2/5/2009 at 8:30 a.m. Signed by Judge Terrence F. McVerry on 12/4/2008. (kly) (Entered: 12/04/2008)

Dec. 4, 2008

Dec. 4, 2008

Initial Conference set for 2/5/2009 08:30 AM in Courtroom 6C before Terrence F. McVerry. (kly)

Dec. 4, 2008

Dec. 4, 2008

22

Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 2/11/2009 10:00 AM (Kushner, Louis) (Entered: 01/07/2009)

Jan. 7, 2009

Jan. 7, 2009

23

REPORT of Rule 26(f) Planning Meeting. (Michalski, Christopher) (Entered: 01/09/2009)

Jan. 9, 2009

Jan. 9, 2009

24

STIPULATION selecting ADR process by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Clickner, M.) (Entered: 01/12/2009)

Jan. 12, 2009

Jan. 12, 2009

25

CASE MANAGEMENT/SCHEDULING ORDER: Amended Pleadings due by 5/21/2009. Joinder of Parties due by 5/21/2009. Willingness to proceed before Magistrate Judge due by 5/21/2009. Discovery due by 8/5/2009. Post Discovery Status Conference set for 8/14/2009 at 8:30 AM in Courtroom 6C before Terrence F. McVerry. Signed by Judge Terrence F. McVerry on 2/5/09. (cc) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

26

ORDER REFERRING CASE to Mediation. LOUIS B. KUSHNER, ESQUIRE, is appointed as mediator. Signed by Judge Terrence F. McVerry on 2/5/09. (cc) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

TEXT Minute Entry for proceedings held before Judge Terrence F. McVerry: Case Management Conference held on 2/5/2009. Case Management Order to follow. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order or notice on the matter. (Court Reporter: NONE) (kly)

Feb. 5, 2009

Feb. 5, 2009

27

Joint MOTION to Modify 25 Case Management Order, by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC., DIANA ALTIERI-HAND, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachment: # 1 Proposed Order) (Michalski, Christopher) Modified on 2/12/2009. (jsp) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

28

Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 3/19/2009 10:00 AM (Kushner, Louis) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

29

ORDER granting 27 Motion to Modify Case Management Order. Discovery due by 9/9/2009. Post Discovery Status Conference has been RESCHEDULED to 9/11/2009 at 8:30 AM. All other dates in the 2/5/2009 Case Management Order remain in full force and effect. Signed by Judge Terrence F. McVerry on 2/12/2009. (kly) (Entered: 02/12/2009)

Feb. 12, 2009

Feb. 12, 2009

Update Deadlines: Discovery due by 9/9/2009. Post Discovery Status Conference RESCEDULED to 9/11/2009 at 8:30 AM in Courtroom 6C before Terrence F. McVerry. (kly)

Feb. 12, 2009

Feb. 12, 2009

30

Consent MOTION for Protective Order by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. (Attachments: # 1 Proposed Order, # 2 Exhibit A - Declaration to Protective Order) (Michalski, Christopher) (Entered: 02/24/2009)

Feb. 24, 2009

Feb. 24, 2009

31

ORDER granting 30 Motion for Protective Order. Signed by Judge Terrence F. McVerry on 2/25/2009. (kly) (Entered: 02/25/2009)

Feb. 25, 2009

Feb. 25, 2009

32

MOTION to Quash Notice of Rule 30(b)(6) Deposition by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order) (Clickner, M.) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

33

BRIEF in Support re 32 Motion to Quash filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Appendix) (Clickner, M.) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

34

MOTION for Protective Order by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order) (Clickner, M.) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

35

BRIEF in Support re 34 Motion for Protective Order filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Appendix) (Clickner, M.) Appendix stricken by 43 Memorandum Order of March 17, 2008. (bsc) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

TEXT ORDER Response/Briefing Schedule re 32 Motion to Quash and 33 Brief in Support of Motion. Replies due by 3/12/2009. Signed by Judge Terrence F. McVerry on 3/6/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)

March 6, 2009

March 6, 2009

TEXT ORDER Response/Briefing Schedule re 34 Motion for Protective Order and 35 Brief in Support of Motion. Replies due by 3/12/2009. Signed by Judge Terrence F. McVerry on 3/6/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)

March 6, 2009

March 6, 2009

36

MOTION to Seal Appendices to Docket No. 33 and 35 by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order) (Clickner, M.) (Entered: 03/09/2009)

March 9, 2009

March 9, 2009

37

ORDER granting 36 Motion to Seal Appendices to Docket No. 33 and 35 . Signed by Judge Terrence F. McVerry on 3/10/2009. (kly) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

38

MOTION to Strike Exhibits to 35 Brief in Support of Motion, and 33 Brief in Support of Motion, MOTION for Sanctions by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. (Attachments: # 1 Exhibit 1 - Declaration of Theodore A. Schroeder, # 2 Exhibit 2 - 3/6/09 letter from Schroeder to Clickner, # 3 Exhibit 3 - 3/9/09 e-mail exchange between Schroeder and Clickner, # 4 Proposed Order) (Michalski, Christopher) Modified on 3/11/2009 to correctly title motion. (ksa) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

39

BRIEF in Support re 38 Motion to Strike, Motion for Sanctions, filed by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. (Michalski, Christopher) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

40

ORDER Response/Briefing Schedule re 38 Motion to Strike Exhibits and For Sanctions. Plaintiff's Response to Motion due by 12:00PM on 3/13/2009. Signed by Judge Terrence F. McVerry on 3/11/2009. (kly) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 38 Motion to Strike, Motion for Sanctions. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate documents. This message is for informational purposes only. (ksa)

March 11, 2009

March 11, 2009

41

BRIEF in Opposition re 34 Motion for Protective Order, 32 Motion to Quash filed by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. (Michalski, Christopher) (Entered: 03/12/2009)

March 12, 2009

March 12, 2009

42

RESPONSE to Motion re 38 Motion to Strike, Motion for Sanctions, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Affidavit Declaration of M. Jean Clickner) (Clickner, M.) (Entered: 03/12/2009)

March 12, 2009

March 12, 2009

43

MEMORANDUM ORDER denying 32 Motion to Quash Notice of Rule 30(b)(6) Deposition; denying 34 Motion for Protective Order; granting 38 -1 Motion to Strike; and denying 38 -2 Motion for Sanctions. Further, in accordance with 28 U.S.C. section 455, the Court hereby recuses itself in connection with this action. The clerk is directed to assign this case to another member of the Court forthwith. See Memorandum Order for details. Signed by Judge Terrence F. McVerry on 03/17/09. (bsc)

March 17, 2009

March 17, 2009

Clearinghouse

TEXT ORDER OF RECUSAL. Judge Terrence F. McVerry recused. See 43 Memorandum Order of March 17, 2009. Signed by Judge Terrence F. McVerry on 03/17/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc )

March 17, 2009

March 17, 2009

Judge Cathy Bissoon added. (jls)

March 17, 2009

March 17, 2009

TEXT NOTICE Cancelling Hearing: Post Discovery Status Conference scheduled for 9/11/2009 is cancelled. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)

March 18, 2009

March 18, 2009

44

DISTRICT JUDGE OPTION by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION to have this case randomly assigned to a U.S. District Judge. (Clickner, M.) (Entered: 03/20/2009)

March 20, 2009

March 20, 2009

45

AMENDED CASE MANAGEMENT ORDER, more fully stated in said order: Joinder of Parties due by 4/21/2009; Amended Pleadings due by 4/21/2009; Parties to hold Mediation by 3/25/09; Discovery due by 9/9/2009; Settlement Conference set for 9/11/2009 09:30 AM before Cathy Bissoon. Signed by Judge Cathy Bissoon on 3/20/09. (jhi) Modified on 3/23/2009 to correct typos. (ksa) (Entered: 03/20/2009)

March 20, 2009

March 20, 2009

Judge Cathy Bissoon no longer presiding. (jls)

March 20, 2009

March 20, 2009

Judge Terrence F. McVerry and Cathy Bissoon added. (jls)

March 20, 2009

March 20, 2009

Judge Gary L. Lancaster added. Judge Terrence F. McVerry no longer assigned to case. (jls)

March 20, 2009

March 20, 2009

46

REPORT of Mediation: Settlement has not been reached. Case continued to 4/9/2009. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 3/19/2009. (Kushner, Louis) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

ORDER, Settlement Conference rescheduled for 9/17/2009 9:30 AM before Cathy Bissoon. All other deadlines remain in effect. Signed by Judge Cathy Bissoon on 4/3/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi)

April 3, 2009

April 3, 2009

47

REPORT of Mediation: Case has not been resolved, but mediation continued. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 3/19/2008. (Kushner, Louis) (Entered: 04/21/2009)

April 21, 2009

April 21, 2009

48

STIPULATION of Dismissal by LIFECARE MANAGEMENT SERVICES, LLC, LIFECARE HOSPITALS OF PITTSBURGH, INC. (Michalski, Christopher) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

49

ORDER granting 48 Stipulation of Dismissal with prejudice of Intervenor-Plaintiff's claims against defendants; Court will retain jurisdiction for purposes of interpreting and enforcing settlement; Each party to bear its own costs. Signed by Judge Gary L. Lancaster on 5/8/09. (map)

May 8, 2009

May 8, 2009

RECAP
50

CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 05/12/2009)

May 12, 2009

May 12, 2009

51

REPORT of Mediation: Case has been resolved. LOUIS B. KUSHNER terminated. Attorney Louis B. Kushner terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 3/19/2009. (Kushner, Louis) (Entered: 05/12/2009)

May 12, 2009

May 12, 2009

52

ORDER granting 50 Consent Decree, resolving all claims raised by the Equal Employment Opportunity Commission, under terms stated more fully in order; Each party to bear their own expenses, costs and fees; Terms of this consent decree shall continue to be in effect for one (1) year; Court shall retain jurisdiction to enforce the terms of this consent decree. Signed by Judge Gary L. Lancaster on 5/12/09. (map)

May 12, 2009

May 12, 2009

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2008

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC filing on behalf of a Lifecare Management Services employee who was subjected to a hostile work environment, unfair discipline, and termination as a result of her treatment for colon cancer.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lifecare Management Services, LLC, Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1981

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

State law

Other Dockets:

Western District of Pennsylvania 2:08-cv-01358

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Provide antidiscrimination training

Recordkeeping

Reporting

Amount Defendant Pays: $100,000

Order Duration: 2009 - 2010

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discharge / Constructive Discharge / Layoff

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Age discrimination

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit