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

Clearinghouse coding complete

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 …

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 by private and public interest counsel, claimed that defendants violated state and federal law by engaging in gender-based discrimination in their assignments to her of high school interscholastic games to officiate.

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)

Yohn, William Hendricks Jr. (Pennsylvania)

Attorneys(s) for Plaintiff

Abernethy, David F. (Pennsylvania)

Fromson, Terry (Pennsylvania)

Peck, Julianne (Pennsylvania)

Attorneys(s) for Defendant

Champagne, Jeffrey C. (Pennsylvania)

Dicce, Peter W. (Pennsylvania)

Diorio, Robert M. (Pennsylvania)

Maguschak, Elizabeth A. (Pennsylvania)

Young, William M. Jr. (Pennsylvania)

Judge(s)

Yohn, William Hendricks Jr. (Pennsylvania)

Attorneys(s) for Plaintiff

Abernethy, David F. (Pennsylvania)

Fromson, Terry (Pennsylvania)

Peck, Julianne (Pennsylvania)

Attorneys(s) 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

Document

Docket [PACER]

April 15, 2005 Docket
93

Opinion [Re: Motions for Summary Judgment]

15 F.Supp.2d 740

Aug. 6, 1998 Order/Opinion
172

Opinion [and Order and Decree Re: Injunction]

1999 WL 1012948

Nov. 8, 1999 Order/Opinion
172

Memorandum and Order [Entering Judgment for Plaintiff]

1999 WL 1012957

Nov. 8, 1999 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint. filing fee $ 120 receipt # 613105 (lal) (Entered: 10/15/1996)

Oct. 15, 1996

Summons(es) issued to: Given to Counsel 10/15/96 (lal) (Entered: 10/15/1996)

Oct. 15, 1996

Standard Case Management Track. (lal) (Entered: 10/15/1996)

Oct. 15, 1996
2

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)

Oct. 23, 1996
3

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)

Nov. 8, 1996
4

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)

Nov. 20, 1996
6

Answer to Complaint by DEFENDANT DEL VAL ATHLETIC, certificate of service. (sc) (Entered: 12/20/1996)

Dec. 20, 1996

ISSUE JOINED. (sc) (Entered: 12/20/1996)

Dec. 20, 1996
7

Answer to Complaint by DEFENDANT PENNSYLVANIA INTERSC, certificate of service. (Attorney WILLIAM M. YOUNG JR.) (sc) (Entered: 12/20/1996)

Dec. 20, 1996
8

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)

Jan. 10, 1997
9

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)

Jan. 15, 1997
10

Amended complaint by PLAINTIFF NOREEN P. KEMETHER. (sc) (Entered: 01/16/1997)

Jan. 15, 1997
11

Answer by DEL VAL ATHLETIC to amended complaint, certificate of service. (sc) (Entered: 01/21/1997)

Jan. 21, 1997
12

Answer by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. to amended complaint, certificate of service. (sj) (Entered: 01/23/1997)

Jan. 23, 1997
13

MOTION by PLAINTIFF NOREEN P. KEMETHER TO COMPEL DISCOVERY DIRECTED TO DEFT PIAA , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 04/09/1997)

April 8, 1997
14

Exhibits by PLAINTIFF NOREEN P. KEMETHER to motion to compel discovery directed to deft Piaa. (sc) (Entered: 04/09/1997)

April 8, 1997
15

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)

April 8, 1997
16

Exhibits by PLAINTIFF NOREEN P. KEMETHER to motion to compel discovery directed to deft Del Val. (sc) (Entered: 04/09/1997)

April 8, 1997
17

UNOPPOSED MOTION by PLAINTIFF NOREEN P. KEMETHER FOR ADMISSION PRO HAC VICE OF JULIANNE L. PECK , CERTIFICATE OF SERVICE. (sc) (Entered: 04/21/1997)

April 18, 1997
18

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)

April 22, 1997
19

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)

April 23, 1997
20

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)

May 1, 1997
21

Minute entry: Hearing 5/13/97; motions by plff to compel. (sc) (Entered: 05/14/1997)

May 14, 1997
22

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)

May 15, 1997
23

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)

May 15, 1997
24

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)

May 15, 1997
25

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)

June 16, 1997
26

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)

June 17, 1997
27

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)

July 1, 1997
28

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)

July 7, 1997
29

MOTION by DEFENDANT PENNSYLVANIA INTERSC FOR SUMMARY JUDGMENT , BREIF, CERTIFICATE OF SERVICE. (sc) (Entered: 08/08/1997)

Aug. 8, 1997
30

Appendix of exhibits by DEFENDANT PENNSYLVANIA INTERSC to MOTION FOR SUMMARY JUDGMENT (sc) (Entered: 08/08/1997)

Aug. 8, 1997
31

Affidavit of Bradley R. Cashman Re: Certain facts. (sc) (Entered: 08/08/1997)

Aug. 8, 1997
32

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)

Aug. 8, 1997
33

MOTION by DEFENDANT DEL VAL ATHLETIC FOR SUMMARY JUDGMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 08/08/1997)

Aug. 8, 1997
34

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)

Aug. 8, 1997
35

MOTION by PLAINTIFF NOREEN P. KEMETHER FOR PARTIAL SUMMARY JUDGMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 08/11/1997)

Aug. 8, 1997
36

Statement by PLAINTIFF NOREEN P. KEMETHER of undusputed material facts in support of MOTION FOR PARTIAL SUMMARY JUDGMENT (sc) (Entered:

Aug. 8, 1997
38

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)

Aug. 12, 1997
39

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)

Aug. 12, 1997
40

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)

Aug. 15, 1997
41

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)

Aug. 15, 1997
42

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)

Aug. 15, 1997
43

Deposition of Peter E. of 4/30/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)

Aug. 15, 1997
44

Deposition of Bruce D. Williams of 4/30/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)

Aug. 15, 1997
45

Deposition of Robert A. Lombardi of 4/28/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)

Aug. 15, 1997
46

Deposition of Bradley R. Cashman of 4/29/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)

Aug. 15, 1997
47

Deposition of John Scanlan of 5/2/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)

Aug. 15, 1997
48

Deposition of Pretrial examinaiton of Robert Ruoff in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)

Aug. 15, 1997
49

Deposition of Harry Sheldrake of 5/2/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)

Aug. 15, 1997
50

Deposition of William Stephens of 5/6/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)

Aug. 15, 1997
51

Deposition of John Wisniewski of 5/2/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)

Aug. 15, 1997
52

Deposition of Russell T. Werner of 4/29/97 in support of deft PIAA's motion for summary judgment. (sc) (Entered: 08/15/1997)

Aug. 15, 1997
53

Answer by DEFENDANT DEL VAL ATHLETIC to plff's MOTION FOR SUMMARY JUDGMENT, certificate of service. (sc) (Entered: 09/08/1997)

Sept. 8, 1997
54

Memorandum by PLAINTIFF NOREEN P. KEMETHER in opposition to MOTION FOR SUMMARY JUDGMENT BY PIAA, certificate of service. (sc) (Entered: 09/09/1997)

Sept. 8, 1997
55

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)

Sept. 8, 1997
57

Memorandum by DEFENDANT PENNSYLVANIA INTERSC in opposition to plff's MOTION FOR PARTIAL SUMMARY JUDGMENT, certificate of service. (sc) (Entered: 09/09/1997)

Sept. 8, 1997
58

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)

Sept. 17, 1997
59

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)

Sept. 22, 1997
60

Statement by DEFENDANT PENNSYLVANIA INTERSCHOLASTIC of undisputed material facts in support of motion for summary judgment, certificate of service. (sc) (Entered: 09/22/1997)

Sept. 22, 1997
61

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)

Sept. 29, 1997
62

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)

Sept. 30, 1997
63

Statement by DEFENDANT DEL VAL ATHLETIC of undisputed material facts in support of MOTION FOR SUMMARY JUDGMENT (sc) (Entered: 10/01/1997)

Sept. 30, 1997
64

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)

Oct. 6, 1997
65

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)

Oct. 6, 1997
66

Memorandum by PLAINTIFF NOREEN P. KEMETHER in support of MOTION FOR PARTIAL SUMMARY JUDGMENT (sc) (Entered: 10/07/1997)

Oct. 6, 1997
67

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)

Oct. 14, 1997
68

Plaintiff's Pretrial Memorandum, certificate of service. (sc) (Entered: 10/15/1997)

Oct. 14, 1997
69

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)

Oct. 15, 1997
70

Amended Pretrial Disclosure by PLAINTIFF NOREEN P. KEMETHER, certificate of service. (sc) (Entered: 10/17/1997)

Oct. 16, 1997
71

MOTION by PLAINTIFF NOREEN P. KEMETHER FOR LEAVE TO FILE DEMAND FOR JURY TRIAL , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 11/17/1997)

Nov. 14, 1997
73

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)

Nov. 28, 1997
74

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)

Dec. 4, 1997
75

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)

Dec. 10, 1997

DEMAND FOR JURY TRIAL BY PLAINTIFF NOREENP. KEMETHER, CERTIFICATE OF SERVICE. (jl) (Entered: 12/16/1997)

Dec. 15, 1997
76

Demand for jury trial by PLAINTIFF NOREEN P. KEMETHER . , Certificate of Service. (jl) (Entered: 12/16/1997)

Dec. 15, 1997
77

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)

Jan. 9, 1998
78

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)

Jan. 12, 1998
79

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)

Jan. 13, 1998
80

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)

Jan. 15, 1998
81

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)

March 25, 1998
82

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)

April 6, 1998
83

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)

April 6, 1998
84

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)

April 21, 1998
85

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)

June 18, 1998
86

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)

July 2, 1998
87

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)

July 7, 1998
88

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)

July 10, 1998
89

MOTION by DEFENDANT PENNSYLVANIA INTERSC FOR CONTINUANCE OF 8/24/98 TRIAL DATE , CERTIFICATE OF SERVICE. (sc) (Entered: 07/22/1998)

July 22, 1998
90

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)

July 22, 1998
91

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)

July 27, 1998
92

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)

July 28, 1998
93

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)

Aug. 6, 1998
94

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)

Aug. 6, 1998
95

Second amended pretrial Disclosure of PLAINTIFF NOREEN P. KEMETHER, Certificate of Service. (sc) (Entered: 08/07/1998)

Aug. 6, 1998
96

MOTION by PLAINTIFF NOREEN P. KEMETHER IN LIMINE , MEMORANDUM, CERTIFICATE OF SERVICE. (cb) (Entered: 08/11/1998)

Aug. 10, 1998
97

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

Aug. 11, 1998
99

MOTION by PLAINTIFF NOREEN P. KEMETHER FOR RECONSIDERATION , MEMORANDUM, CERTIFICATE OF SERVICE. (sc) (Entered: 08/21/1998)

Aug. 20, 1998
100

Memorandum by DEFENDANT PENNSYLVANIA INTERSC in opposition to PLFF'S MOTION IN LIMINE, Certificate of Service. (sc) (Entered: 08/24/1998)

Aug. 24, 1998
101

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)

Aug. 27, 1998

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

Pa. Interscholastic Athletic Assoc., Inc. (Mechanicsburg, Cumberland), Private Entity/Person

Del Val Athletic Association (Milford, Pike), None

Defendant Type(s):

Elementary/Secondary School

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $314,000.00

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

Issues

General:

Classification / placement

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run

Non-government for profit

Non-government non-profit