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

Clearinghouse coding complete

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…

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 disparate impact on the hiring of women, in violation of Title VII of the Civil Rights Act of 1964. They sought injunctive relief to stop the defendant's discriminatory hiring practices.

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.

Summary Authors

Benjamin St. Pierre (10/23/2014)

Sean Mulloy (3/21/2018)

Hope Brinn (4/6/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4373588/parties/united-states-v-commonwealth-of-pennsylvania/


Judge(s)

Rambo, Sylvia H. (Pennsylvania)

Attorneys(s) for Plaintiff

Blake, Trevor St. George (District of Columbia)

Galbreath, Robert Lee (District of Columbia)

Kennebrew, Delora L. (District of Columbia)

Kisch, Lori B. (District of Columbia)

Phoenix, Candyce Danielle (District of Columbia)

Ruckert, Karen P. (District of Columbia)

Sacks, Sonya Lagene (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Schellenberg, Kali J (District of Columbia)

Judge(s)

Rambo, Sylvia H. (Pennsylvania)

Attorneys(s) for Plaintiff

Blake, Trevor St. George (District of Columbia)

Galbreath, Robert Lee (District of Columbia)

Kennebrew, Delora L. (District of Columbia)

Kisch, Lori B. (District of Columbia)

Phoenix, Candyce Danielle (District of Columbia)

Ruckert, Karen P. (District of Columbia)

Sacks, Sonya Lagene (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Schellenberg, Kali J (District of Columbia)

Schwabauer, Barbara A. (District of Columbia)

Wong, Carol A (District of Columbia)

Woodard, Karen D. (District of Columbia)

Attorneys(s) for Defendant

Rebelo, Mary-Jo (Pennsylvania)

Solomon, Stephanie L (Pennsylvania)

Sorek, Patrick (Pennsylvania)

White, David B (Pennsylvania)

Documents in the Clearinghouse

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

110 F.Supp.3d 544

May 21, 2015

May 21, 2015

Order/Opinion
129

1:14-cv-01474

Memorandum

2017 WL 4354917

Oct. 2, 2017

Oct. 2, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4373588/united-states-v-commonwealth-of-pennsylvania/

Last updated Aug. 6, 2022, 3:21 a.m.

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
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
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
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
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
45

MEMORANDUM re dfts' MOTION to Dismiss for Lack of Jurisdiction 26 (Order to follow as separate docket entry)Signed by Honorable Sylvia H. Rambo on 05/21/15. (ma)

May 21, 2015

May 21, 2015

RECAP
129

MEMORANDUM re Mtns for Summary Judgment 79 and 83 (Order to follow as separate docket entry)Signed by Honorable Sylvia H. Rambo on 10/2/17. (ma)

Oct. 2, 2017

Oct. 2, 2017

RECAP
130

ORDER: In accord with the accompanying Memorandum 129 . Pltf's mtn for partial summary jgmnt 79 is granted, dfts' mtn for summary jgmnt 83 is denied. Case mgmnt ddls are as follows: Pretrial Memos due by 11/9/2017. Bench Trial set for 12/11/2017 @ 9:30 AM. Pretrial Conference set for 11/16/2017 @ 9:30 AM before Honorable Sylvia H. Rambo.Signed by Honorable Sylvia H. Rambo on 10/2/17. (ma)

Oct. 2, 2017

Oct. 2, 2017

RECAP
147

MEMORANDUM re dfts' MOTION for Reconsideration 132 (Order to follow as separate docket entry)Signed by Honorable Sylvia H. Rambo on 3/8/18. (ma)

March 8, 2018

March 8, 2018

RECAP
148

ORDER: In accord with the accompanying Memorandum 147 ; Dfts' mtn for reconsideration 132 is Denied.Signed by Honorable Sylvia H. Rambo on 3/8/18. (ma)

March 8, 2018

March 8, 2018

RECAP
210

MEMORANDUM re Joint MOTION Final Approval of Settlement Agreement 200 (Order to follow as separate docket entry) Signed by Honorable Sylvia H. Rambo on 12/31/21. (ma)

Dec. 31, 2021

Dec. 31, 2021

RECAP
211

ORDER - In accord with the accompanying Memorandum 210 : I. The Parties Joint Motion for Final Entry of the Settlement Agreement 200 is GRANTED;II. All objns to the Settlement Agreement are OVERRULED;III. The Settlement Agreement (see Doc. 186-1) is APPROVED and will beENTERED on the docket in this case. Signed by Honorable Sylvia H. Rambo on 12/31/21. (ma)

Dec. 31, 2021

Dec. 31, 2021

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 29, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States on behalf of women seeking entry-level Pennsylvania state trooper positions

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth of Pennsylvania, State

Pennsylvania State Police, None

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Hiring

Testing

Discrimination-basis:

Sex discrimination

Affected Gender:

Female