Case: United States v. Pennsylvania

1:14-cv-01474 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: July 29, 2014

Case Ongoing

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Case Summary

On July 29, 2014, the United States Department of Justice, on behalf of women seeking entry-level Pennsylvania state trooper positions, filed a complaint in the U.S. District Court for the Middle District of Pennsylvania against the Commonwealth of Pennsylvania and the Pennsylvania State Police. The plaintiff alleged that since 2003, the State Police's practice of requiring applicants to pass a physical-fitness test in order to be considered for an entry-level trooper positions has had a dispar…

Specifically, the plaintiffs alleged that since 2003 the Pennsylvania State Police have used two similar physical fitness tests as part of the application to become a state trooper that are not necessary for the performance of the job. They claimed that between 2003 and 2012, female applicants passed the test at 80% of the rate that male applicants passed, a statistically significant difference, and thus the tests had a disparate impact on the hiring of women.

On November 10, 2014, the defendant filed a motion to dismiss for failure to state a claim and for lack of jurisdiction. The court (Judge Sylvia Rambo) denied the motion finding that the court had jurisdiction and that the United States had sufficiently stated a claim. 110 F.Supp.3d 544.

Beginning in May 2014, the parties engaged in discovery. On August 19, 2016, both the plaintiff and defendant filed motions for partial summary judgment. The court granted the plaintiff's motion for summary judgement, finding that the United States had satisfied its burden in proving a prima facie case of disparate impact discrimination and that there was no genuine dispute of a material fact for that analysis. 2017 WL 4354917. Finding that there was still a genuine dispute of material fact as to whether the defendant's actions were defensible under a business necessity defense, the court denied the defendant's motion.

The parties engaged in several discovery disputes between 2016 and 2018. On April 4, 2018, the parties jointly submitted a motion to stay the litigation for 90 days while the parties engaged in voluntary mediation before a federal magistrate judge. It does not appear that the mediation was successful. As of April 6, 2020, the case is ongoing.

	Document
1:14-cv-01474	Docket [PACER] U.S. v. Pennsylvania	March 27, 2020	March 27, 2020 Docket
1 1:14-cv-01474	Complaint US v. Pennsylvania	July 29, 2014	July 29, 2014 Complaint
45 1:14-cv-01474	Memorandum	May 21, 2015	May 21, 2015 Order/Opinion 110 F.Supp.3d 544
129 1:14-cv-01474	Memorandum	Oct. 2, 2017	Oct. 2, 2017 Order/Opinion 2017 WL 4354917

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants filed by United States Of America. (Attachments: # 1 Civil Cover Sheet)(pjr) (Entered: 07/29/2014) 1 Civil Cover Sheet View on PACER	July 29, 2014	July 29, 2014 RECAP
2	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) filed by Trevor St. George Blake on behalf of United States Of America Attorney Trevor Blake is seeking special admission. (pjr) (Entered: 07/29/2014)	July 29, 2014	July 29, 2014 PACER
3	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Carol A Wong on behalf of United States Of America Attorney Carol Wong is seeking special admission. (pjr) (Entered: 07/29/2014)	July 29, 2014	July 29, 2014 PACER
4	Summons Issued as to United States Of America and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (pjr) (Entered: 07/29/2014) 1 Summons Packet View on PACER	July 29, 2014	July 29, 2014 PACER
5	SPECIAL ADMISSIONS FORM APPROVED as to Carol Wong.Signed by Honorable Sylvia H. Rambo on 07/30/14. (pjr) (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
6	SPECIAL ADMISSIONS FORM APPROVED as to Trevor Blake II.Signed by Honorable Sylvia H. Rambo on 07/30/14. (pjr) (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
10	WAIVER OF SERVICE Returned by Pennsylvania State Police. Pennsylvania State Police waiver sent on 8/6/2014, answer due 10/6/2014. (White, David) (Entered: 09/08/2014)	Sept. 8, 2014	Sept. 8, 2014 PACER
11	NOTICE of Appearance by Stephanie L. Solomon on behalf of Commonwealth Of Pennsylvania, Pennsylvania State Police (Solomon, Stephanie) (Entered: 09/08/2014)	Sept. 8, 2014	Sept. 8, 2014 PACER
12	Supplement by Commonwealth Of Pennsylvania, Pennsylvania State Police. to 7 Petition for Special Admission - Pro Hac Vice, . (White, David) (Entered: 09/08/2014)	Sept. 8, 2014	Sept. 8, 2014 PACER
7	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by David B. White on behalf of Commonwealth Of Pennsylvania, Pennsylvania State Police Attorney Patrick Sorek is seeking special admission. Filing fee $ 50, receipt number 0314-3212563., filed by on behalf of Commonwealth Of Pennsylvania, Pennsylvania State Police.(White, David) (Entered: 09/08/2014)	Sept. 8, 2014	Sept. 8, 2014 PACER
8	NOTICE of Appearance by David B. White on behalf of Commonwealth Of Pennsylvania, Pennsylvania State Police (White, David) (Entered: 09/08/2014)	Sept. 8, 2014	Sept. 8, 2014 PACER
9	WAIVER OF SERVICE Returned by Commonwealth Of Pennsylvania. Commonwealth Of Pennsylvania waiver sent on 8/6/2014, answer due 10/6/2014. (White, David) (Entered: 09/08/2014)	Sept. 8, 2014	Sept. 8, 2014 PACER
	DOCKET ANNOTATION: Counsel is advised to file the Professional Code of Conduct form for Doc. 7. (pjr)	Sept. 8, 2014	Sept. 8, 2014 PACER
	DOCKET ANNOTATION: Search of Pennsylvania Bar Directory shows Patrick Sorek as "ACTIVE". (pjr)	Sept. 8, 2014	Sept. 8, 2014 PACER
13	SPECIAL ADMISSIONS FORM APPROVED as to Patrick Sorek, Esq. on behalf of Cmnwlth of PA, et al., Signed by Honorable Sylvia H. Rambo on 09/09/14. (ma) (Entered: 09/09/2014)	Sept. 9, 2014	Sept. 9, 2014 PACER
14	NOTICE of Hearing: A Case Management Conference has been set for 10/22/2014 @ 9:15 AM before Honorable Sylvia H. Rambo.This conference is by phone with the call to be initiated by the pltf. A joint case mgmnt plan is to be filed by 10/15/14 (ma) (Entered: 09/12/2014)	Sept. 12, 2014	Sept. 12, 2014 PACER
15	STIPULATION re 1 Complaint EXTENSION OF TIME TO RESPOND TO COMPLAINT by Commonwealth Of Pennsylvania, Pennsylvania State Police. (White, David) (Entered: 09/19/2014)	Sept. 19, 2014	Sept. 19, 2014 PACER
16	Order approving the parties' Stipulation 15 to exttm to respond to complaint. Response to complaint due by 11/5/14Signed by Honorable Sylvia H. Rambo on 09/19/14. (ma) (Entered: 09/19/2014)	Sept. 19, 2014	Sept. 19, 2014 PACER
17	CASE MANAGEMENT PLAN (JOINT) by United States Of America. (Blake, Trevor) (Entered: 10/15/2014)	Oct. 15, 2014	Oct. 15, 2014 PACER
19	CASE MANAGEMENT ORDER - This case placed on the 1/4/16 trial list and is listed as non-jury. Amended Pleadings and joinder of parties ddl 12/22/2014. Fact Discovery due by 4/20/2015. Pltf Expert Report(s) due by 5/22/2015. Dfts' Expert Report(s) due by 6/22/2015. Trial set for 1/4/2016 following completion of all jury selections beginning at 9:30 AM. Pretrial Memos due by 12/10/2015. A Pretrial Conference has been set for 12/17/2015 @ 10:30 AM before Honorable Sylvia H. Rambo. A date certain for trail may be discussed at this conference. See order for other ddls.Signed by Honorable Sylvia H. Rambo on 10/28/14. (ma) (Entered: 10/29/2014)	Oct. 29, 2014	Oct. 29, 2014 PACER
20	ORDER: Pltf shall file a mtn for protective order, accompanied by a brsup, on the issues discussed at the case mgmnt conference by 11/17/14. Dfts response and Pltfs reply brief shall be filed in accord with the time lines set forth in the LRs of Court for the MD of PA. Depositions shall be limited to 15, not including expert depositions. Anyone wishing to expand such a limit shall request a conference call. Costs for electronic discovery shall be borne by the respective parties. In the event any party deems a discovery request burdensome, claims privilege to a discovery request, or otherwise objects to a discovery request, the party advancing such a claim shall request a conference call with the court to discuss the issue. Dfts have advised the court that a mtn to dismiss will be forthcoming. Said mtn shall be filed no later than 11/10/14. Signed by Honorable Sylvia H. Rambo on 10/29/14. (ma) (Entered: 10/29/2014)	Oct. 29, 2014	Oct. 29, 2014 PACER
21	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Barbara A Schwabauer on behalf of United States Of America Attorney Barbara Schwabauer is seeking special admission.. (Schwabauer, Barbara) (Entered: 11/05/2014)	Nov. 5, 2014	Nov. 5, 2014 PACER
22	ORDER: With respect to the issue regarding the alternative schedule for theexchange of expert reports, the parties are DIRECTED to file a stipulation outlining the procedure and time line agreed for the process. It is suggested that said stipulation be signed by the parties and have a line for the courts approval. With respect to the issue regarding the motion for protective order, the pertinent portion of the 10/29/14 order provided as follows:During the conference, Pltf obj'd to Dfts proposed discovery of the following:(1) on third parties including, but not limited to, other federal agencies that conduct a PFT as part of their hiring process, which Dfts contend would be undertaken for consideration by experts in rendering their opinions; and (2) discovery and depositions of individuals who were involved in the UnitedStates investigation of PSPs entry-level trooper hiring process, which Dftscontend would be undertaken to obtain information about their experience with the application and testing process. Pltf shall file a motion for protective order, accompanied by a supporting brief, on the foregoing issuesby 11/17/14. (Doc. 20.) Based on the representation of Atty Wong that Dfts haveagreed to propound more specific discovery that may alleviate the need for aprotective order, IT IS HEREBY ORDERED that the 11/17/14 ddl for filing a motion for protective order in this regard is SUSPENDED until such time Pltf believes such a motion is necessary. Signed by Honorable Sylvia H. Rambo on 11/6/14. (ma) (Entered: 11/06/2014)	Nov. 6, 2014	Nov. 6, 2014 PACER
23	SPECIAL ADMISSIONS FORM APPROVED as to Barbara Schwabauer, Esq. on behalf of PltfSigned by Honorable Sylvia H. Rambo on 11/6/14. (ma) (Entered: 11/07/2014)	Nov. 6, 2014	Nov. 6, 2014 PACER
24	STIPULATION re Discovery by United States Of America. (Attachments: # 1 Exhibit(s) Stipulation, # 2 Proposed Order)(Wong, Carol) (Entered: 11/07/2014) 1 Exhibit(s) Stipulation View on PACER 2 Proposed Order View on PACER	Nov. 7, 2014	Nov. 7, 2014 PACER
	DOCKET ANNOTATION: Search of the Ohio Bar Directory shows Barbara Schwabauer as "ACTIVE". (pjr)	Nov. 7, 2014	Nov. 7, 2014 PACER
25	Order approving Stipulation 24 . Discovery Stipulation is hereby approved by this Court, and the terms of the Discovery Stipulation are incorporated in this Order. Signed by Honorable Sylvia H. Rambo on 11/10/14. (ma) (Entered: 11/10/2014)	Nov. 10, 2014	Nov. 10, 2014 PACER
26	MOTION to Dismiss for Lack of Jurisdiction by Commonwealth Of Pennsylvania, Pennsylvania State Police. (Attachments: # 1 Proposed Order)(White, David) (Entered: 11/10/2014) 1 Proposed Order View on PACER	Nov. 10, 2014	Nov. 10, 2014 PACER
27	STIPULATION on Expert Reporting Schedule by United States Of America. (Schwabauer, Barbara) (Entered: 11/13/2014)	Nov. 13, 2014	Nov. 13, 2014 PACER
28	Order approving Stipulation on Expert Reporting Schedule 27 Signed by Honorable Sylvia H. Rambo on 11/13/14. (ma) (Entered: 11/14/2014)	Nov. 13, 2014	Nov. 13, 2014 PACER
29	STIPULATION re Extensions of Time to Respond by United States Of America. (Wong, Carol) (Entered: 11/20/2014)	Nov. 20, 2014	Nov. 20, 2014 PACER
30	Order approving Stipulation 29 of the parties. Ddls are extended as follows re. Dfts' MOTION to Dismiss 26 . Brief in Support due by 11/24/2014, Brief in Opposition due by 12/22/2014, Reply Brief due by 1/20/2015.Signed by Honorable Sylvia H. Rambo on 11/20/14. (ma) (Entered: 11/20/2014)	Nov. 20, 2014	Nov. 20, 2014 PACER
31	BRIEF IN SUPPORT re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Commonwealth Of Pennsylvania, Pennsylvania State Police. (Attachments: # 1 Exhibit(s))(White, David) (Entered: 11/24/2014) 1 Exhibit(s) View on PACER	Nov. 24, 2014	Nov. 24, 2014 PACER
32	BRIEF IN OPPOSITION re 26 MOTION to Dismiss for Lack of Jurisdiction filed by United States Of America.(Wong, Carol) (Entered: 12/22/2014)	Dec. 22, 2014	Dec. 22, 2014 PACER
33	REPLY BRIEF re 26 MOTION to Dismiss for Lack of Jurisdiction of Defendants in Support of Motion to Dismiss filed by Commonwealth Of Pennsylvania, Pennsylvania State Police.(White, David) (Entered: 01/19/2015)	Jan. 19, 2015	Jan. 19, 2015 PACER
34	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Karen P Ruckert on behalf of United States Of America Attorney Karen Ruckert is seeking special admission.. (Ruckert, Karen) (Entered: 01/23/2015)	Jan. 23, 2015	Jan. 23, 2015 PACER
	DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)	Jan. 23, 2015	Jan. 23, 2015 PACER
35	Unopposed MOTION for Leave to File Sur-reply to Defendants' Motion to Dismiss by United States Of America. (Attachments: # 1 Exhibit(s) Proposed Surreply, # 2 Proposed Order)(Blake, Trevor) (Entered: 01/26/2015)	Jan. 26, 2015	Jan. 26, 2015 PACER
36	ORDER granting pltf's Unopposed MTN for Leave to File 35 Sur-reply to Dfts' Mtn to Dismiss. Pltfs Sur-Reply to Dfts Reply Brief is accepted as filed.Signed by Honorable Sylvia H. Rambo on 01/27/15. (ma) (Entered: 01/27/2015)	Jan. 27, 2015	Jan. 27, 2015 PACER
37	SPECIAL ADMISSIONS FORM APPROVED as to Karen Ruckert on behalf of pltf.Signed by Honorable Sylvia H. Rambo on 01/29/15. (ma) (Entered: 01/29/2015)	Jan. 29, 2015	Jan. 29, 2015 PACER

Case: United States v. Pennsylvania

1:14-cv-01474 | U.S. District Court for the Middle District of Pennsylvania

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