Case: Kemether v. Pa. Interscholastic Athletic Assoc., Inc.

2:96-cv-06986 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Oct. 15, 1996

Closed Date: 1999

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Case Summary

On October 15, 1996, a female official employed by the Pennsylvania Interscholastic Athletic Association, Inc., ("PIAA") filed a lawsuit in the United States District Court for the Eastern District of Pennsylvania under Title VII of the Civil Rights Act of 1964 ("Title VII"), Title IX of the Education Amendments of 1972 ("Title IX"), and the Equal Rights Amendment of the Pennsylvania Constitution ("ERA") against PIAA and Delaware Valley Athletic Association ("Del Val"). Plaintiff, represented …

Following negotiations, plaintiff and Del Val entered into a settlement agreement whereby Del Val committed to assigning at least five boys' and five girls' varsity games to the plaintiff annually for seven years and instituting a gender neutral system of evaluating officials and assigning games. Plaintiff's action against Del Val was terminated on July 10, 1998, with the Court maintaining limited jurisdiction over the settlement agreement. However, the District Court (Judge William H. Yohn, Jr.) also approved a consent decree on July 10, 1998. At a minimum, the decree required defendants to evaluate and assign officials without regard to gender. The District Court retrained and exercised jurisdiction to enforce it.

On August 6, 1998, the District Court (Judge Yohn) issued an opinion granting in part and denying in part parties' motions for summary judgment. Kemether v. Pa. Athletic Assoc., Inc., 15 F.Supp.2d 740 (E.D. Pa. 1998). After trial from in December of 1998, the jury returned a verdict against the defendant on all counts and awarded damages in the amount of $314,000.00.

PIAA renewed its motion for judgment as a matter of law, or, in the alternative, motion for new trial on January 5, 1999. The District Court (Judge Yohn) denied both motions and entered judgment for the plaintiff in the amount of $314,000.00, as awarded by the jury in its verdict on December 28, 1998. Kemether v. Pa. Athletic Assoc., Inc., No. 96-6986, 1999 WL 1012957 (E.D. Pa. Nov. 8, 1999).

Also on November 8, 1999, the District Court (Judge Yohn) enjoined PIAA from refusing to assign female officials to boys' basketball games on the basis of their gender, and from otherwise discriminating against female officials on the basis of their gender in any respect. It also ordered PIAA to adopt policies and regulations prohibiting gender discrimination and requiring several provisions in the new policies, including a reporting mechanism for violations of the new requirements and a prohibition of retaliation against any person who participated in the instant litigation. Kemether v. Pa. Athletic Assoc., Inc., No. 96-6986, 1999 WL 1012948 (E.D. Pa. Nov. 8, 1999). The case was terminated on November 8, 1999.

On December 21, 1999, PIAA filed an appeal in the U.S. Court of Appeals for the Third Circuit. On February 17, 2000, the District Court (Judge Yohn) denied plaintiff's motion for attorney fees without prejudice to her to reinstate the same upon letter request after disposition of defendants' appeal in the Third Circuit. The parties filed a stipulation dismissing the appeal with prejudice and without costs against any party on June 6, 2000.

In 2004, a female official contacted plaintiff's counsel and described Del Val's assignors' refusal to assign her to boys' varsity games. Counsel concluded that Del Val's conduct violated the consent decree entered into in 1998 and represented this official as a movant in the instant case. On June 23, 2004, movant asked the District Court to enforce Del Val's 1998 agreement to evaluate and assign officials without regard to gender. After settlement negotiations, on April 15, 2005, movant withdrew this motion. This was the last activity on this case.

Summary Authors

Heather Turner (6/2/2014)

People

Judge(s)

Attorney for Plaintiff

Abernethy, David F. (Pennsylvania)

Fromson, Terry (Pennsylvania)

Attorney for Defendant

Champagne, Jeffrey C. (Pennsylvania)

Dicce, Peter W. (Pennsylvania)

Diorio, Robert M. (Pennsylvania)

Judge(s)

Yohn, William Hendricks Jr. (Pennsylvania)

Attorney for Plaintiff

Abernethy, David F. (Pennsylvania)

Fromson, Terry (Pennsylvania)

Peck, Julianne (Pennsylvania)

Attorney for Defendant

Champagne, Jeffrey C. (Pennsylvania)

Dicce, Peter W. (Pennsylvania)

Diorio, Robert M. (Pennsylvania)

Maguschak, Elizabeth A. (Pennsylvania)

Young, William M. Jr. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case

2:96-cv-06986 99-02009	Docket [PACER]	April 15, 2005	April 15, 2005 Docket
93 2:96-cv-06986	Opinion [Re: Motions for Summary Judgment]	Aug. 6, 1998	Aug. 6, 1998 Order/Opinion 15 F.Supp.2d 740
172 2:96-cv-06986	Opinion [and Order and Decree Re: Injunction]	Nov. 8, 1999	Nov. 8, 1999 Order/Opinion 1999 WL 1012948
172 2:96-cv-06986	Memorandum and Order [Entering Judgment for Plaintiff]	Nov. 8, 1999	Nov. 8, 1999 Order/Opinion 1999 WL 1012957

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Docket

Last updated March 24, 2025, 8:19 a.m.

ECF Number	Date	Description	Link
1	Oct. 15, 1996	Complaint. filing fee $ 120 receipt # 613105 (lal) (Entered: 10/15/1996)	PACER
	Oct. 15, 1996	Summons(es) issued to: Given to Counsel 10/15/96 (lal) (Entered: 10/15/1996)	PACER
	Oct. 15, 1996	Standard Case Management Track. (lal) (Entered: 10/15/1996)	PACER
2	Oct. 23, 1996	Summons returned with Affidavit of Suzanne Trakimas re: served summons and complaint upon DEFENDANT DEL VAL ATHLETIC ASSOCIATION. Served by: personal service on 10/21/96 . (ea) Modified on 10/24/1996 (Entered: 10/24/1996)	PACER
3	Nov. 8, 1996	Waiver of Service Returned Executed as to DEFENDANT PENNSYLVANIA INTERSC 10/21/96 Answer due on 12/20/96 for PENNSYLVANIA INTERSC . (sc) (Entered: 11/12/1996)	PACER
4	Nov. 20, 1996	STIPULATION AND ORDER, ANSWER DUE FOR 12/20/96 for DEL VAL ATHLETIC (Attorney: ROBERT M. DIORIO) ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 11/21/96 ENTERED AND COPIES MAILED. (sc) (Entered: 11/21/1996)	PACER
6	Dec. 20, 1996	Answer to Complaint by DEFENDANT DEL VAL ATHLETIC, certificate of service. (sc) (Entered: 12/20/1996)	PACER
7	Dec. 20, 1996	Answer to Complaint by DEFENDANT PENNSYLVANIA INTERSC, certificate of service. (Attorney WILLIAM M. YOUNG JR.) (sc) (Entered: 12/20/1996)	PACER
	Dec. 20, 1996	ISSUE JOINED. (sc) (Entered: 12/20/1996)	PACER
8	Jan. 10, 1997	SCHEDULING ORDER SETTING DEADLINE FOR FILING OF ALL MOTIONS FOR SUMMARY JUDGMENT AND PARTIAL SUMMARY JUDGMENT 6/15/97 ; DISCOVERY COMPLETED BY 5/15/97 ; TRIAL DATE SCHEDULED FOR 10:00 8/18/97 ; ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 1/10/97 ENTERED AND COPIES MAILED. (sc) (Entered: 01/10/1997)	PACER
9	Jan. 15, 1997	STIPULATION AND ORDER THAT DEFTS CONSENT TO THE FILING OF AN AMENDED COMPLAINT, ATTACHED; DEFTS SHALL FILE AMENDED ANSWERS TO THE AMENDED COMPLAINT, WITHIN 10 DAYS, THE TIME FOR FILING SELF−EXECUTING DISCLOSURES AND COMMENCING DISCOVERY SHALL BE DETERMINED FROM THE DATE ON WHICH DEFTS FILED ANSWERS TO PLFF'S ORIGINAL COMPAINT OR 12/20/96. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 1/16/97 ENTERED AND COPIES MAILED. (sc) (Entered: 01/16/1997)	PACER
10	Jan. 15, 1997	Amended complaint by PLAINTIFF NOREEN P. KEMETHER. (sc) (Entered: 01/16/1997)	PACER
11	Jan. 21, 1997	Answer by DEL VAL ATHLETIC to amended complaint, certificate of service. (sc) (Entered: 01/21/1997)	PACER
12	Jan. 23, 1997	Answer by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. to amended complaint, certificate of service. (sj) (Entered: 01/23/1997)	PACER
13	April 8, 1997	MOTION by PLAINTIFF NOREEN P. KEMETHER TO COMPEL DISCOVERY DIRECTED TO DEFT PIAA , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 04/09/1997)	PACER
14	April 8, 1997	Exhibits by PLAINTIFF NOREEN P. KEMETHER to motion to compel discovery directed to deft Piaa. (sc) (Entered: 04/09/1997)	PACER
15	April 8, 1997	MOTION by PLAINTIFF NOREEN P. KEMETHER TO COMPEL DISCOVERY DIRECTED TO DEFT DEL VAL ATHLETIC ASSOCIATION , MEMORANDUM, CERTIFICATION OF SERVICE. (sc) (Entered: 04/09/1997)	PACER
16	April 8, 1997	Exhibits by PLAINTIFF NOREEN P. KEMETHER to motion to compel discovery directed to deft Del Val. (sc) (Entered: 04/09/1997)	PACER
17	April 18, 1997	UNOPPOSED MOTION by PLAINTIFF NOREEN P. KEMETHER FOR ADMISSION PRO HAC VICE OF JULIANNE L. PECK , CERTIFICATE OF SERVICE. (sc) (Entered: 04/21/1997)	PACER
18	April 22, 1997	Memorandum of Law by DEFENDANT PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. in response to PLAINTIFF'S MOTION TO COMPEL DISCOVERY DIRECTED TO DEFT PIAA, Certificate of Service. (ea) (Entered: 04/22/1997)	PACER
19	April 23, 1997	ORDER GRANTING PLFF'S MOTION FOR ADMISSION PRO HAC VICE OF JULIANNE L. PECK (Attorney: JULIANNE L. PECK) ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 4/24/97 ENTERED AND COPIES MAILED AND FAXED 4/23/97. (sc) (Entered: 04/24/1997)	PACER
20	May 1, 1997	Reply by PLAINTIFF NOREEN P. KEMETHER to deft PIAA's response to plff's MOTION TO COMPEL DISCOVERY DIRECTED TO DEFT PIAA, certificate of service. (td) (Entered: 05/01/1997)	PACER
21	May 14, 1997	Minute entry: Hearing 5/13/97; motions by plff to compel. (sc) (Entered: 05/14/1997)	PACER
22	May 15, 1997	ORDER THAT THE SCHEDULING ORDER OF 1/9/97 IS AMENDED AS FOLLOWS: DISCOVERY IS EXTENDED TO 6/16/97; THE DISPOSITIVE MOTION DEADLINE IS EXTENDED TO 7/16/97; TRIAL DATE RESCHEDULED FOR 9/29/97 . IN ALL OTHER RESPECTS THE SCHEDULING ORDER OF 1/9/97 IS HEREBY REAFFIRMED. (SIGNED BY JUDGE WILLIAM H. YOHN JR.) 5/16/97 ENTERED AND COPIES MAILED. 5/15/97 COPIES FAXED. (fe) (Entered: 05/16/1997)	PACER
23	May 15, 1997	ORDER DENYING PLFF'S MOTION TO COMPEL DISCOVERY DIRECTED TO DEFT DEL VAL ATHLETIC ASSOCIATION. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 5/16/97 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 05/16/1997)	PACER
24	May 15, 1997	ORDER DENYING PLFF'S MOTION TO COMPEL DISCOVERY DIRECTED TO DEFT PIAA. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 05/16/1997)	PACER
25	June 16, 1997	Pretrial Disclosure pursuant to Federal Rule of Civil Procedure 26(a)(3) by PLAINTIFF NOREEN P. KEMETHER, certificate of service. (sc) (Entered: 06/17/1997)	PACER
26	June 17, 1997	Self−Executing Disclosure pursuant to Federal Rule of Civil Procedure 26(a)(3)(a) and (c) by DEFENDANT PENNSYLVANIA INTERSC, certificate of service. (sc) (Entered: 06/18/1997)	PACER
27	July 1, 1997	ORDER THAT THE SCHEDULING ORDER OF 1/9/97 IS AMENDED: THE DISPOSITIVE MOTION DEADLINE IS EXTENDED TO 8/8/97 ; TRIAL DATE SCHEDULED FOR 11/3/97 ; ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 7/1/97 ENTERED AND COPIES MAILED AND FAXED 6/30/97. (sc) (Entered: 07/01/1997)	PACER
28	July 7, 1997	Pre−trial Disclosure pursuant to Fed. R. Civ. P. 26(a)(3)(a)(c) by DEFENDANT DEL VAL ATHLETIC, certificate of service. (sc) (Entered: 07/07/1997)	PACER
29	Aug. 8, 1997	MOTION by DEFENDANT PENNSYLVANIA INTERSC FOR SUMMARY JUDGMENT , BREIF, CERTIFICATE OF SERVICE. (sc) (Entered: 08/08/1997)	PACER
30	Aug. 8, 1997	Appendix of exhibits by DEFENDANT PENNSYLVANIA INTERSC to MOTION FOR SUMMARY JUDGMENT (sc) (Entered: 08/08/1997)	PACER
31	Aug. 8, 1997	Affidavit of Bradley R. Cashman Re: Certain facts. (sc) (Entered: 08/08/1997)	PACER
32	Aug. 8, 1997	UNOPPOSED MOTION by DEFENDANT PENNSYLVANIA INTERSC FOR ADMISSION PRO HAC VICE OF JEFFREY F. CHAMPAGNE , CERTIFICATE OF SERVICE. (sc) Modified on 08/08/1997 (Entered: 08/08/1997)	PACER
33	Aug. 8, 1997	MOTION by DEFENDANT DEL VAL ATHLETIC FOR SUMMARY JUDGMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 08/08/1997)	PACER
34	Aug. 8, 1997	ORDER THAT PLFF'S REQUEST TO SUBMIT A MOTION FOR SUMMARY JUDGMENT WHICH EXCEEDS 25 PAGES IN LENGTH IS GRANTED TO THE EXTENT OF FORTY PAGES. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 8/11/97 ENTERED AND COPIES MAILED AND FAXED 8/8/97. (sc) (Entered: 08/11/1997)	PACER
35	Aug. 8, 1997	MOTION by PLAINTIFF NOREEN P. KEMETHER FOR PARTIAL SUMMARY JUDGMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 08/11/1997)	PACER
36	Aug. 8, 1997	Statement by PLAINTIFF NOREEN P. KEMETHER of undusputed material facts in support of MOTION FOR PARTIAL SUMMARY JUDGMENT (sc) (Entered:	PACER
38	Aug. 12, 1997	ORDER GRANTING MOTION OF DEFT PA., INTERSCHOLASTIC ATHETIC ASSOCIATION, INC., FOR ADMISSION PRO HAC VICE OF JEFFREY F. CHAMPAGNE ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 8/13/97 ENTERED AND COPIES MAILED AND FAXED 8/12/97. (sc) (Entered: 08/13/1997)	PACER
39	Aug. 12, 1997	ORDER THAT THE REQUEST OF THE P.A, INTERSCHOLASTIC ATHLETIC ASSOCIATION TO FILE A BRIEF IN SUPPORT OF A MOTION FOR SUMMARY JUDGMENT IN EXCESS OF 25 PAGES IN LENGTH IS GRANTED TO THE EXTENT OF 35 PAGES. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 8/13/97 ENTERED AND COPIES MAILED AND FAXED 8/12/97. (sc) (Entered: 08/13/1997)	PACER
40	Aug. 15, 1997	Exhibit, word index of Noreen Kemether of 4/22/97 by DEFENDANT PENNSYLVANIA INTERSC in support of motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
41	Aug. 15, 1997	Exhibit, word index of Gary Watkins of 5/1/97 by DEFENDANT PENNSYLVANIA INTERSC in support of motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
42	Aug. 15, 1997	Exhibit, word index of James Faulkner, Jr., of 5/1/97 by DEFENDANT PENNSYLVANIA INTERSC in support of motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
43	Aug. 15, 1997	Deposition of Peter E. of 4/30/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
44	Aug. 15, 1997	Deposition of Bruce D. Williams of 4/30/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
45	Aug. 15, 1997	Deposition of Robert A. Lombardi of 4/28/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
46	Aug. 15, 1997	Deposition of Bradley R. Cashman of 4/29/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
47	Aug. 15, 1997	Deposition of John Scanlan of 5/2/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
48	Aug. 15, 1997	Deposition of Pretrial examinaiton of Robert Ruoff in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
49	Aug. 15, 1997	Deposition of Harry Sheldrake of 5/2/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
50	Aug. 15, 1997	Deposition of William Stephens of 5/6/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
51	Aug. 15, 1997	Deposition of John Wisniewski of 5/2/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
52	Aug. 15, 1997	Deposition of Russell T. Werner of 4/29/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)	PACER
53	Sept. 8, 1997	Answer by DEFENDANT DEL VAL ATHLETIC to plff's MOTION FOR SUMMARY JUDGMENT, certificate of service. (sc) (Entered: 09/08/1997)	PACER
54	Sept. 8, 1997	Memorandum by PLAINTIFF NOREEN P. KEMETHER in opposition to MOTION FOR SUMMARY JUDGMENT BY PIAA, certificate of service. (sc) (Entered: 09/09/1997)	PACER
55	Sept. 8, 1997	Memorandum by PLAINTIFF NOREEN P. KEMETHER in opposition to MOTION FOR SUMMARY JUDGMENT BY DEFT DEL VAL ATHLETIC ASSOCIATION, certificate of service. (sc) (Entered: 09/09/1997)	PACER
57	Sept. 8, 1997	Memorandum by DEFENDANT PENNSYLVANIA INTERSC in opposition to plff's MOTION FOR PARTIAL SUMMARY JUDGMENT, certificate of service. (sc) (Entered: 09/09/1997)	PACER
58	Sept. 17, 1997	MOTION by DEFENDANT PENNSYLVANIA INTERSC TO FILE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT NUNC PRO TUNC . (statement attached) (sc) (Entered: 09/18/1997)	PACER
59	Sept. 22, 1997	ORDER GRANTING DEFT PIAA'S MOTION TO FILE STATEMENT OF UNDISPUTED MATERIAL FACTS NUNC PRO TUNC AND THAT THE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION OF DEFT PIAA FOR SUMMARY JUDGMENT IS ACCEPTED AS FILED; THE DEADLINE FOR PLFF'S RESPONSE TO DEFT'S STATEMENT OF UNDISPUTED MATERIAL FACT IS EXTENDED THROUGH 9/29/97. ( SIGNED BY JUDGE WILLIAM H. YOHN ) 9/22/97 ENTERED AND COPIES MAILED AND FAXED 9/22/97. (sc) (Entered: 09/22/1997)	PACER
60	Sept. 22, 1997	Statement by DEFENDANT PENNSYLVANIA INTERSCHOLASTIC of undisputed material facts in support of motion for summary judgment, certificate of service. (sc) (Entered: 09/22/1997)	PACER
61	Sept. 29, 1997	MOTION by DEFENDANT DEL VAL ATHLETIC TO FILE A STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT . (statement attached) (sc) (Entered: 09/29/1997)	PACER
62	Sept. 30, 1997	ORDER GRANTING DEFT DEL−VAL ATHLETIC ASSOCIAITON'S MOTION TO FILE A STATEMENT OF UNDISPUTED MATERIAL FACTS AND THE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFT'S MOTION FOR SUMMARY JUDGMENT IS ACCEPTED AS FILED. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 10/1/97 ENTERED AND COPIES MAILED AND FAXED 10/1/97. (sc) (Entered: 10/01/1997)	PACER
63	Sept. 30, 1997	Statement by DEFENDANT DEL VAL ATHLETIC of undisputed material facts in support of MOTION FOR SUMMARY JUDGMENT (sc) (Entered: 10/01/1997)	PACER
64	Oct. 6, 1997	Response by PLAINTIFF NOREEN P. KEMETHER to statement of undisputed material facts in support of motion of deft Piaa for summary judgment, certificate of service. (sc) (Entered: 10/07/1997)	PACER
65	Oct. 6, 1997	Response by PLAINTIFF NOREEN P. KEMETHER to statement of undisputed material facts of deft Del Val Athletic Association in support of motion for summary judgment, certificate of service. (sc) (Entered: 10/07/1997)	PACER
66	Oct. 6, 1997	Memorandum by PLAINTIFF NOREEN P. KEMETHER in support of MOTION FOR PARTIAL SUMMARY JUDGMENT (sc) (Entered: 10/07/1997)	PACER
67	Oct. 14, 1997	MOTION by DEFENDANT PENNSYLVANIA INTERSC, DEFENDANT DEL VAL ATHLETIC TO REMOVE CASE FROM 11/3/97 TRIAL LIST , CERTIFICATE OF SERVICE. (sc) (Entered: 10/14/1997)	PACER
68	Oct. 14, 1997	Plaintiff's Pretrial Memorandum, certificate of service. (sc) (Entered: 10/15/1997)	PACER
69	Oct. 15, 1997	ORDER DENYING DEFTS PIAA AND DEL VEL ATHLETIC ASSOCIATION'S MOTION TO REMOVE CASE FROM 11/3/97 TRIAL LIST ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 10/15/97 ENTERED AND COPIES MAILED AND FAXED 10/15/97. (sc) (Entered: 10/15/1997)	PACER
70	Oct. 16, 1997	Amended Pretrial Disclosure by PLAINTIFF NOREEN P. KEMETHER, certificate of service. (sc) (Entered: 10/17/1997)	PACER
71	Nov. 14, 1997	MOTION by PLAINTIFF NOREEN P. KEMETHER FOR LEAVE TO FILE DEMAND FOR JURY TRIAL , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 11/17/1997)	PACER
73	Nov. 28, 1997	Memorandum by DEFENDANT PENNSYLVANIA INTERSC in opposition to Plaintiff's MOTION FOR LEAVE TO FILE DEMAND FOR JURY TRIAL , Certificate of Service. (jl) (Entered: 11/28/1997)	PACER
74	Dec. 4, 1997	Memorandum in reply by PLAINTIFF NOREEN P. KEMETHER to memo of P.I.A.A., in opposition to plff's motion for leave to file demand for jury trial, certificate of service. (sc) (Entered: 12/05/1997)	PACER
75	Dec. 10, 1997	ORDER GRANTING PLFF'S MOTION FOR LEAVE TO FILE DEMAND FOR JURY TRIAL, ETC. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 12/10/97 ENTERED AND COPIES MAILED AND FAXED 12/10/97. (sc) (Entered: 12/10/1997)	PACER
76	Dec. 15, 1997	Demand for jury trial by PLAINTIFF NOREEN P. KEMETHER . , Certificate of Service. (jl) (Entered: 12/16/1997)	PACER
	Dec. 15, 1997	DEMAND FOR JURY TRIAL BY PLAINTIFF NOREENP. KEMETHER, CERTIFICATE OF SERVICE. (jl) (Entered: 12/16/1997)	PACER
77	Jan. 9, 1998	MOTION by DEFENDANT PENNSYLVANIA INTERSC, DEFENDANT DEL VAL ATHLETIC TO REMOVE CASE FROM 2/9/98 TRIAL LIST , CERTIFICATE OF SERVICE. (sc) (Entered: 01/09/1998)	PACER
78	Jan. 12, 1998	Memorandum by PLAINTIFF NOREEN P. KEMETHER in opposition to MOTION OF DEFTS TO REMOVE CASE FROM THE 2/9/98 TRIAL LIST, Certificate of Service. (sc) (Entered: 01/13/1998)	PACER
79	Jan. 13, 1998	ORDER GRANTING MOTION TO REMOVE CASE FROM 2/9/98 TRIAL LIST; TRIAL IS RESCHEDULED FOR 3/16/98 AT 10AM. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 1/13/98 ENTERED AND COPIES MAILED AND FAXED 1/13/98. (sc) Modified on 01/13/1998 (Entered: 01/13/1998)	PACER
80	Jan. 15, 1998	ORDER, THAT THE TRIAL IS CONTINUED UNTIL 5/4/98 AT 10:00 AM. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 1/16/98 ENTERED AND COPIES MAILED AND FAXED 1/15/98. (sc) (Entered: 01/16/1998)	PACER
81	March 25, 1998	ORDER DENYING DEFT PIAA MOTION FOR SUMMARY JUDGMENT DENYING DEFT DEL VAL ATHLETIC ASSOCIATION MOTION FOR SUMMARY JUDGMENT DENYING PLFF MOTION FOR PARTIAL SUMMARY JUDGMENT WITHOUT PREJUDICE PENDING THE REVIEW BY THE COURT OF THE SUBMISSIONS BY THE PARTIES, ETC. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 3/25/98 ENTERED AND COPIES MAILED AND FAXED 3/25/98. (sc) (Entered: 03/25/1998)	PACER
82	April 6, 1998	MOTION by DEFENDANT PENNSYLVANIA INTERSC, DEFENDANT DEL VAL ATHLETIC FOR CONTINUANCE OF 5/4/98 TRIAL DATE , CERTIFICATE OF SERVICE. (sc) (Entered: 04/06/1998)	PACER
83	April 6, 1998	Memorandum by PLAINTIFF NOREEN P. KEMETHER in opposition to MOTION OF DEFTS FOR CONTINUANCE OF 5/4/98 TRIAL DATE, Certificate of Service. (sc) (Entered: 04/06/1998)	PACER
84	April 21, 1998	ORDER GRANTING DEFT'S MOTION FOR CONTINUANCE OF 5/4/98 TRIAL DATE, AND THE TRIAL SCHEDULED FOR 5/4/98 IS CONTINUED UNTIL 8/24/98 AT 10:00 AM. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 4/21/98 ENTERED AND COPIES MAILED AND FAXED 4/21/98. (sc) (Entered: 04/21/1998)	PACER
85	June 18, 1998	MOTION by PLAINTIFF NOREEN P. KEMETHER TO APPROVE AND ENTER CONSENT DECREE AND FILE UNDER SEAL , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 06/19/1998)	PACER
86	July 2, 1998	Brief by DEFENDANT PENNSYLVANIA INTERSC in response to plff's MOTION FOR APPROVAL AND ENTRY OF CONSENT DECREE AND FILING OF DECREE UNDER SEAL, certificate of Service. (sc) (Entered: 07/02/1998)	PACER
87	July 7, 1998	ORDER THAT A PANSY HEARING IS SCHEDULED IN COURTROOM 3−B MOTION HEARING SET FOR 3:30 7/24/98 FOR MOTION TO APPROVE AND ENTER CONSENT DECREE AND FILE UNDER SEAL ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 7/7/98 ENTERED AND COPIES MAILED AND FAXED. (ph) (Entered: 07/07/1998)	PACER
88	July 10, 1998	ORDER THAT UPON CONSIDERATION OF THE CONSENT DECREE, IT IS HEREBY ORDERED THAT: THE CONSENT DECREE IS APPROVED. THE COURT SHALL RETRAIN AND EXCERCISE JURISDICTION TO ENFORCE THE CONSENT DECREE BUT NOT THE GENERAL RELEASE AND SETTLEMENT AGREEMENT ENTERED INTO BETWEEN PLAINTIFF NOREEN KEMETHER AND DEFENDANT DEL VAL ATHLETIC ASSOCIATION. EXCEPT WITH RESPECT TO JURISDICTION RETAINED UNDER PARAGRAPH 2 ABOVE, THIS ACTION IS TERMINATED AS TO DEFENDANT DEL VAL ATHLETIC ASSOCIATION. THE HEARING SCHEDULED FOR 7/24/98 IS CANCELLED. (SIGNED BY JUDGE WILLIAM H. YOHN JR.) 7/10/98 ENTERED AND COPIES MAILED AND FAXED. (dt) (Entered: 07/10/1998)	PACER
89	July 22, 1998	MOTION by DEFENDANT PENNSYLVANIA INTERSC FOR CONTINUANCE OF 8/24/98 TRIAL DATE , CERTIFICATE OF SERVICE. (sc) (Entered: 07/22/1998)	PACER
90	July 22, 1998	Memorandum by PLAINTIFF NOREEN P. KEMETHER in opposition to MOTION OF DEFT PA., INTERSCHOLASTIC ATHLETIC ASSOCIAITON FOR CONTINUANCE OF 8/24/98 TRIAL DATE, Certificate of Service. (sc) (Entered: 07/23/1998)	PACER
91	July 27, 1998	Reply by DEFENDANT PENNSYLVANIA INTERSC to plff's memo regarding MOTION FOR CONTINUANCE OF 8/24/98 TRIAL DATE, certificate of service. (sc) (Entered: 07/27/1998)	PACER
92	July 28, 1998	PLAINTIFF NOREEN P. KEMETHER Response to Reply of Defendant to Plaintiff's Memorandum Opposing Motion for continuance fo August 24, 1998 Trial Date &Cert. of Service. (kv) (Entered: 07/29/1998)	PACER
93	Aug. 6, 1998	MEMORANDUM AND ORDER THAT PLFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED; DEFT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AS TO PLFFS TITLE VII CLAIM AGAINST PIAA AS HER EMPLOYER DURING THE REGULAR SEASON AND DENIED AS TO PLFF'S OTHER CLAIMS UNDER TITLE VII; GRANTED AS TO PLFF'S FOURTHEENTH AMENDMENT CLAIM, AND DENIED IN ALL OTHER RESPECTS; THE PARTIES ARE DIRECTED TO SUBMIT ADDITIONAL EVIDENCE OR A JOINT STIPULATION OF FACTS RELATING TO THE COURT'S JURISDICTION OVER TITLE VII CLAIMS AGAINST PIAA AS AN EMPLOYER, WITHIN TWO WEEKS OF THE DATE OF THIS ORDER. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 8/6/98 ENTERED AND COPIES MAILED. (sc) (Entered: 08/06/1998)	PACER
94	Aug. 6, 1998	STIPULATION AND ORDER THAT PLFF NOREEN KEMETHER MAY FURTHER AMEND HER PRETRIAL DISCLOSURES AS INDICATED IN PLFF'S SECOND AMENDED PRETRIAL DISCLOSURES, ETC. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 8/7/98 ENTERED AND COPIES MAILED AND FAXED 8/7/98. (sc) (Entered: 08/07/1998)	PACER
95	Aug. 6, 1998	Second amended pretrial Disclosure of PLAINTIFF NOREEN P. KEMETHER, Certificate of Service. (sc) (Entered: 08/07/1998)	PACER
96	Aug. 10, 1998	MOTION by PLAINTIFF NOREEN P. KEMETHER IN LIMINE , MEMORANDUM, CERTIFICATE OF SERVICE. (cb) (Entered: 08/11/1998)	PACER
97	Aug. 11, 1998	ORDER THAT DEFENDANT PIAA'S MOTION FOR CONTINUANCE AND PLAINTIFF'S MEMORANDUM IN OPPOSITION THERETO IS DENIED. ( SIGNED BY JUDGE WILLIAM H. YOHN JR. ) 8/11/98 ENTERED AND	PACER
99	Aug. 20, 1998	MOTION by PLAINTIFF NOREEN P. KEMETHER FOR RECONSIDERATION , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 08/21/1998)	PACER
100	Aug. 24, 1998	Memorandum by DEFENDANT PENNSYLVANIA INTERSC in opposition to PLFF'S MOTION IN LIMINE, Certificate of Service. (sc) (Entered: 08/24/1998)	PACER
101	Aug. 27, 1998	Reply by PLAINTIFF NOREEN P. KEMETHER to memo of PIAA in opposition to plff's motion inlimine, certificate of service. (sc) (Entered: 08/27/1998)	PACER

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Education

Key Dates

Filing Date: Oct. 15, 1996

Closing Date: 1999

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Female official registered with and employed by the Pennsylvania Interscholastic Athletic Association

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Pa. Interscholastic Athletic Assoc., Inc.

Other

Del Val Athletic Association

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Non-government for-profit

Non-government non-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Equal Protection

Other Dockets:

Eastern District of Pennsylvania 2:96-cv-06986

U.S. Court of Appeals for the Third Circuit 99-02009

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Implement complaint/dispute resolution process

Other requirements regarding hiring, promotion, retention

Reporting

Amount Defendant Pays: $314,000.00

Issues

General/Misc.:

Classification / placement

Discrimination Area:

Sports

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation

Case Summary of Kemether v. Pa. Interscholastic Athletic Assoc., Inc., Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/13285/ (last updated 6/2/2014).