Case: Blatt v. Cabela's Retail

5:14-cv-04822 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 15, 2014

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On August 15, 2014, a transgender woman from Pennsylvania filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff sued Cabela’s Retail, Inc., under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000(e) et seq., and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq. (“ADA”). The plaintiff, represented by private counsel, sought damages, declaratory and injunctive relief, and attorneys’ fees. She claimed that she has been harmed …

On August 15, 2014, a transgender woman from Pennsylvania filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff sued Cabela’s Retail, Inc., under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000(e) et seq., and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq. (“ADA”). The plaintiff, represented by private counsel, sought damages, declaratory and injunctive relief, and attorneys’ fees. She claimed that she has been harmed by the defendant’s discriminatory employment practices. Specifically, the plaintiff claimed that due to her transgender status, she was harassed by her co-workers and subjected to hateful comments, was refused consideration for promotions and was forced to work alone in undesirable shifts. Although the plaintiff reported these incidents to higher ups in the company, it always fell on deaf ears. The Human Resources Director at the company would not even allow her to wear a name tag with her chosen female name or to use the women’s bathroom in the store. The plaintiff was eventually dismissed from her position, despite excellent job performance. The plaintiff argued that her bad treatment constituted sex discrimination, in violation of Title VII, and disability discrimination, in violation of the ADA. She further argued that 42 U.S.C. § 12211(b)--which excludes gender identity disorder from coverage by the ADA--is unconstitutional.

On October 22, 2014, the defendant filed a motion to dismiss but after the plaintiff filed an amended complaint, the court rejected the dismissal motion as moot.

On November 18, 2014, the defendant filed a new partial motion to dismiss for failure to state a claim. Subsequently, on February 10, 2015, the case was reassigned from Judge Jeffrey L. Schmehl to Judge Joseph F. Leeson, Jr.

Meanwhile, on January 22, 2015 the plaintiff informed the United States that she was challenging the constitutionality of the Gender Identity Disorder ("GID") exclusion provision of the ADA. That provision excludes "transexualism...[and] gender identity disorders not resulting from physical impairment" from the ADA definition of a disability. The United States responded with a Statement of Interest; it stated that the District Court should resolve the plaintiff's Title VII claims before addressing the constitutional challenge, because wherever possible, courts should seek to avoid adjudication of constitutional challenges. On February 23, 2015 six prominent LGBTQ advocacy organizations urged the court to invalidate the GID exclusion as unconstitutional or alternatively to find that gender dysphoria is outside the scope of the GID exclusion.

Judge Leeson was apparently unpersuaded by the U.S.'s constitutional avoidance argument; on September 21, 2015, he ordered the United States to file a supplemental statement of interest actually addressing the constitutionality of the ADA's GID exclusion. Finally, on November 16, 2015, the United States filed a second Statement of Interest which argued that the District Court should adopt the construction that gender dysphoria, because it has a physical cause, falls outside the scope of the GID exclusion provision, allowing gender dysphoria to be included under the ADA's definition of "disability". This construction again allowed the District Court to avoid addressing the constitutionality of the GID exclusion provision itself. Various LGBT advocacy groups filed an amici statement in support of this construction that found gender dysphoria outside the GID exclusion. Oral argument on the issue was held on December 9, 2015.

On May 18, 2017, Judge Leeson denied the defendants' motion to dismiss the plaintiff's ADA claims, in an opinion marking the first time the court ruled that transgender people are not categorically barred from seeking relief from discrimination under the ADA. 2017 WL 2178123. Judge Leeson did not rule on the constitutionality of the GID exclusion from ADA coverage, but adopted a narrow interpretation of the term gender identity disorders to "refer to only the condition of identifying with a different gender, not to encompass (and therefore exclude from ADA protection) a condition like Blatt's gender dysphoria, which goes beyond merely identifying with a different gender and is characterized by clinically significant stress and other impairments that may be disabling."

Judge Leeson found that Blatt's gender dysphoria was therefore not excluded from ADA coverage, and that Blatt had plausibly alleged the elements of an ADA retaliation claim: 1) she suffered from a disabling condition under the ADA, not encompassed in the GID exclusion; 2) she engaged in protected activity by reporting discrimination and requesting accommodations for disability; 3) she was subjected to a "pattern of antagonism" as a result of this activity, including Cabela's allegedly intentional and repeated refusal to provide her with a correct name tag.

The defendant filed an answer to the plaintiff's amended complaint on August 1, 2017. The parties scheduled a mediation with former Judge Annette Rizzo on September 11, 2017. Magistrate Judge Henry S. Perkin dismissed the case on September 18, 2017 because the parties reached an undisclosed settlement. The court retained jurisdiction over the case for 90 days thereafter. The case is now closed.

Summary Authors

Matt Ramirez (5/20/2016)

Sarah McDonald (3/25/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4371372/parties/blatt-v-cabelas-retail-inc/


Judge(s)

Leeson, Joseph F. Jr. (Pennsylvania)

Perkin, Henry S. (Pennsylvania)

Schmehl, Jeffrey L. (Pennsylvania)

Attorneys(s) for Plaintiff

Barry, Kevin (Connecticut)

Farrell, Brian (Pennsylvania)

Gold, Sidney L. (Pennsylvania)

Vanguri, Neelima (Pennsylvania)

Attorneys(s) for Defendant

Avila, Michael (Pennsylvania)

Guerette, Susan M. (Pennsylvania)

Kim, Christin (Pennsylvania)

Judge(s)

Leeson, Joseph F. Jr. (Pennsylvania)

Perkin, Henry S. (Pennsylvania)

Schmehl, Jeffrey L. (Pennsylvania)

Attorneys(s) for Plaintiff

Barry, Kevin (Connecticut)

Farrell, Brian (Pennsylvania)

Gold, Sidney L. (Pennsylvania)

Vanguri, Neelima (Pennsylvania)

Attorneys(s) for Defendant

Avila, Michael (Pennsylvania)

Guerette, Susan M. (Pennsylvania)

Kim, Christin (Pennsylvania)

Other Attorney(s)

Nestler, Emily B. (District of Columbia)

Documents in the Clearinghouse

Document

5:14-cv-04822

Docket [PACER]

Blatt v. Cabela's Retail, Inc.

Sept. 18, 2017

Sept. 18, 2017

Docket
1

5:14-cv-04822

Complaint and Jury Demand

Blatt v. Cabela's Retail, Inc

Aug. 15, 2014

Aug. 15, 2014

Complaint
9

5:14-cv-04822

First Amended Complaint and Jury Demand

Blatt v. Cabela's Retail, Inc

Nov. 5, 2014

Nov. 5, 2014

Complaint
33

5:14-cv-04822

Brief of Amici Curiae Gay and Lesbian Advocates & Defenders, Mazzoni Center, Nat Center for Lesbian Rights, Nat Center for Transgender Equality, National LGBTQ Task Force, Transgender Law Center in Opposition to Defendant's Partial Motion to Dismiss

Blatt v. Cabela's Retail, Inc.

Feb. 23, 2015

Feb. 23, 2015

Pleading / Motion / Brief
50

5:14-cv-04822

Statement of Interest of The United States of America

Blatt v. Cabela's Retail, Inc.

July 21, 2015

July 21, 2015

Pleading / Motion / Brief
67

5:14-cv-04822

Second Statement of Interest of the United States of America

Blatt v. Cabela's Retail, Inc.

Nov. 16, 2015

Nov. 16, 2015

Pleading / Motion / Brief
82

5:14-cv-04822

Opinion

Blatt v. Cabela's Retail, Inc.

2017 WL 2178123

May 18, 2017

May 18, 2017

Order/Opinion
95

5:14-cv-04822

Order

Sept. 18, 2017

Sept. 18, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4371372/blatt-v-cabelas-retail-inc/

Last updated June 4, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CABELA'S RETAIL, INC. ( Filing fee $ 400 receipt number 106186.), filed by KATE LYNN BLATT.(mima, ) (Entered: 08/18/2014)

Aug. 15, 2014

Aug. 15, 2014

RECAP

DEMAND for Trial by Jury by KATE LYNN BLATT. (mima, )

Aug. 15, 2014

Aug. 15, 2014

PACER

Summons Issued as to CABELA'S RETAIL, INC.. One Forwarded To: Counsel on August 18, 2014 (mima, )

Aug. 15, 2014

Aug. 15, 2014

PACER
2

NOTICE of Appearance by NEELIMA VANGURI on behalf of KATE LYNN BLATT (VANGURI, NEELIMA) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
3

SUMMONS Returned Executed by KATE LYNN BLATT re: KEVIN CHASE served Summons and Complaint upon CABELA'S RETAIL, INC. by person. CABELA'S RETAIL, INC. served on 9/1/2014, answer due 9/22/2014. (uh, ) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
4

NOTICE of Appearance by SUSAN M. GUERETTE on behalf of CABELA'S RETAIL, INC. with Certificate of Service(GUERETTE, SUSAN) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
5

NOTICE of Appearance by CHRISTIN CHOI on behalf of CABELA'S RETAIL, INC. with Certificate of Service(CHOI, CHRISTIN) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
6

STIPULATION AND ORDER OF EXTENSION OF TIME THAT IT IS HEREBY STIPULATED AND AGREED BETWEEN DEFENDANT CABELA'S RETAIL, INC. ("DEFENDANT") AND PLAINTIFF KATE LYNN BLATT, THROUGH THEIR DULY AUTHORIZED COUNSEL AND PURSUANT TO LOCAL RULE 7.4(B), THAT DEFENDANT SHALL HAVE AN EXTENSION OF TIME THROUGH WEDNESDAY, OCTOBER 22, 2014 TO ANSWER, MOVE, OR OTHERWISE PLEAD IN RESPONSE TO KATE LYNN BLATT'S COMPLAINT. THIS IS THE FIRST STIPULATION OF EXTENSION OF TIME; NO PRIOR EXTENSION HAS BEEN GRANTED; AND THE EXTENSION IS FOR A PERIOD NOT EXCEEDING THIRTY (30) DAYS. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/22/14. 9/24/14 ENTERED AND COPIES E-MAILED. (mas,) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
7

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by CABELA'S RETAIL, INC..Memorandum of Law and Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of the Partial Motion of Defendant Cabela's Retail, Inc. to Dismiss Plaintiff's Complaint, # 2 Exhibit A to Memorandum of Law in Support of the Partial Motion of Defendant Cabela's Retail, Inc. to Dismiss Plaintiff's Complaint, # 3 Exhibit B to Memorandum of Law in Support of the Partial Motion of Defendant Cabela's Retail, Inc. to Dismiss Plaintiff's Complaint, # 4 Proposed Order, # 5 Certificate of Service)(CHOI, CHRISTIN) (Entered: 10/22/2014)

1 Memorandum of Law in Support of the Partial Motion of Defendant Cabela's R

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2 Exhibit A to Memorandum of Law in Support of the Partial Motion of Defendant Ca

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3 Exhibit B to Memorandum of Law in Support of the Partial Motion of Defendant Ca

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4 Proposed Order

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5 Certificate of Service

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Oct. 22, 2014

Oct. 22, 2014

PACER
8

Disclosure Statement Form pursuant to FRCP 7.1 including Cabela's Incorporated with Certificate of Service by CABELA'S RETAIL, INC..(CHOI, CHRISTIN) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
9

First Amended Complaint against CABELA'S RETAIL, INC. filed by KATE LYNN BLATT with Jury Demand, Certificate of Service.(mbh, ) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

PACER
10

ORDER THAT A PRETRIAL CONFERENCE (RULE 16) SHALL BE HELD ON MONDAY, DECEMBER 22, 2014 AT 2:00 P.M., IN THE CHAMBERS OF JUDGE JEFFREY L. SCHMEHL, ROOM 401, THE MADISON BUILDING, 400 WASHINGTON STREET, READING, BERKS COUNTY, PENNSYLVANIA. IT IS FURTHER ORDERED AS FOLLOWS: THE PARTIES SHALL MAKE THE REQUIRED INITIAL DISCLOSURES UNDER FED. R.CIV. P. 26(A) WITHIN 20 DAYS OF THE DATE OF THIS ORDER; THE PARTIES SHALL COMMENCE DISCOVERY IMMEDIATELY; AFTER CONSULTATION WITH COUNSEL FOR ALL PARTIES, COUNSEL SHALL COMPLETE AND SUBMIT THE REQUIRED JOINT STATUS REPORT PURSUANT TO RULE 26 (F); COUNSEL SHALL FOLLOW JUDGE SCHMEHLS POLICIES AND PROCEDURES WHICH CAN BE FOUND AT WWW.PAED.USCOURTS.GOV. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 11/6/14. 11/7/14 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
11

ORDER THAT UPON CONSIDERATION OF THE PARTIAL MOTION OF DEFENDANT CABELA'S RETAIL, INC. TO DISMISS PLAINTIFF'S COMPLAINT (THE "MOTION"), MEMORANDUM OF LAW IN SUPPORT OF THE PRETRIAL MOTION OF DEFENDANT CABELA'S RETAIL, INC. TO DISMISS PLAINTIFF'S COMPLAINT, AND ANY RESPONSES THERETO IS DENIED AS MOOT. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 11/12/2014.11/12/2014 ENTERED AND COPIES E-MAILED.(jmg, ) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER
12

NOTICE of Appearance by BRIAN FARRELL on behalf of KATE LYNN BLATT with Certificate of Service(FARRELL, BRIAN) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

PACER
13

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by CABELA'S RETAIL, INC..Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of the Partial Motion of Defendant Cabela's Retail, Inc. to Dismiss Plaintiff's First Amended Complaint, # 2 Text of Proposed Order, # 3 Certificate of Service)(CHOI, CHRISTIN) (Entered: 11/18/2014)

1 Memorandum of Law in Support of the Partial Motion of Defendant Cabela's R

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2 Text of Proposed Order

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3 Certificate of Service

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Nov. 18, 2014

Nov. 18, 2014

PACER
14

MOTION for Leave to File Excess Pages and Extend Deadline for Plaintiff to Respond to Defendant's Partial Motion to Dismiss filed by KATE LYNN BLATT.Certificate of Service.(VANGURI, NEELIMA) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
15

ORDER THAT PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF DEADLINE AND OF THE PAGE LIMIT, SAID MOTION IS HEREBY GRANTED AND PLAINTIFF IS PERMITTED TO FILE A BRIEF NOT TO EXCEED 45 PAGES, AND THE PLAINTIFF HAS AN EXTENSION OF TIME UNTIL MONDAY JANUARY 5, 2015, TO FILE A RESPONSE TO DEFENDANT'S PARTIAL MOTION TO DJSMISS. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/1/14. 12/2/14 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
16

MOTION for Admission Pro Hac Vice of Kevin Barry, Esquire filed by KATE LYNN BLATT.Affidavit, Certificate of Service.(GOLD, SIDNEY) (FEE PAID PPE112863, $40.00) Modified on 12/12/2014 (ems). (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

PACER
17

ORDER THAT THE 16 APPLICATION OF KEVIN BARRY, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/12/14. 12/16/14 ENTERED AND COPIES MAILED TO ATTORNEY, E-MAILED. (mas, ) (Entered: 12/16/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
18

SCHEDULING ORDER: ALL INITIAL DISCOVERY, AS DEFINED DURING THE CONFERENCE, SHALL BE COMPLETED BY 2/27/2015. A STATUS CONFERENCE SHALL BE HELD ON 3/9/2015 AT 1:30 P.M. AT THE UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/23/2014. 12/23/2014 ENTERED AND COPIES MAILED AND E-MAILED. (ems) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

PACER
21

Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHL re: A Rule 16 Conference was held on 12/22/14. (ky, ) (Entered: 12/31/2014)

Dec. 23, 2014

Dec. 23, 2014

PACER
19

Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by KATE LYNN BLATT.Certificate of Service.(VANGURI, NEELIMA) (Entered: 12/29/2014)

Dec. 29, 2014

Dec. 29, 2014

PACER
20

ORDER THAT SAID 19 MOTION IS GRANTED; AND PLAINTIFF HAS UNTIL TUESDAY, JANUARY 20, 2015 TO FILE A RESPONSE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/29/14. 12/30/14 ENTERED AND COPIES MAILED TO PRO HAC ATTORNEY, E-MAILED. (mas, ) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER
22

Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHL Rule 16 Conference held on 12/22/2014 (lbs, ) (FILED IN ERROR; DUPLICATE ENTRY) Modified on 1/6/2015 (md). (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

PACER
23

RESPONSE in Opposition re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by KATE LYNN BLATT. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(FARRELL, BRIAN) (Entered: 01/20/2015)

1 Text of Proposed Order

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2 Certificate of Service

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Jan. 20, 2015

Jan. 20, 2015

PACER
24

NOTICE by KATE LYNN BLATT (Attachments: # 1 Exhibit, # 2 Certificate of Service)(FARRELL, BRIAN) (Entered: 01/22/2015)

1 Exhibit

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2 Certificate of Service

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Jan. 22, 2015

Jan. 22, 2015

PACER
25

MOTION for Extension of Time to File Response/Reply as to 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial), 23 Response in Opposition to Motion, MOTION for Leave to File Excess Pages (Unopposed) filed by CABELA'S RETAIL, INC..Certificate of Counsel and Certificate of Service. (Attachments: # 1 Exhibit A - Stipulation of Extension of Time, # 2 Certificate of Counsel, # 3 Proposed Order, # 4 Certificate of Service)(KIM, CHRISTIN) (Entered: 01/22/2015)

1 Exhibit A - Stipulation of Extension of Time

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2 Certificate of Counsel

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3 Proposed Order

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4 Certificate of Service

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Jan. 22, 2015

Jan. 22, 2015

PACER
26

MOTION for Leave to File filed by KATE LYNN BLATT.Motion. (Attachments: # 1 Exhibit Brief of Proposed Amici Curiae in Opposition to Defendant's Partial Motion to Dismiss, # 2 Exhibit Appendix to Brief of Proposed Amici Curiae)(BARRY, KEVIN) (Entered: 01/23/2015)

1 Exhibit Brief of Proposed Amici Curiae in Opposition to Defendant's Partial

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2 Exhibit Appendix to Brief of Proposed Amici Curiae

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Jan. 23, 2015

Jan. 23, 2015

PACER
27

RESPONSE to Motion re 26 MOTION for Leave to File Statement of Non-Opposition to Motion of Proposed Amicus Curiae for Leave to File Brief Amicus Curiae and for Permission to Exceed Page Limit filed by CABELA'S RETAIL, INC.. (Attachments: # 1 Certificate of Service)(KIM, CHRISTIN) (Entered: 02/04/2015)

1 Certificate of Service

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Feb. 4, 2015

Feb. 4, 2015

PACER
28

ORDER THAT THE ABOVE-CAPTIONED CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE JEFFREY L. SCHMEHL TO THE CALENDAR OF THE HONORABLE JOSEPH F. LEESON, JR FOR ALL FURTHER PROCEEDINGS. SIGNED BY MICHAEL E. KUNZ, CLERK OF COURT ON 2/9/2015. 2/10/2015 ENTERED AND COPIES E-MAILED. (ems) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
29

ORDER THAT THE STATUS CONFERENCE SCHEDULED FOR MONDAY, MARCH 9, 2015 IS CANCELLED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 2/11/15. 2/12/15 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 02/12/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
30

REPLY to Response to Motion re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by CABELA'S RETAIL, INC.. (Attachments: # 1 Certificate of Service)(KIM, CHRISTIN) (Entered: 02/17/2015)

1 Certificate of Service

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Feb. 17, 2015

Feb. 17, 2015

PACER
31

ORDER THAT THE MOTION OF DEFENDANT CABELAS RETAIL, INC. FOR AN EXTENSION OF DEADLINE TO FILE REPLY AND TO EXCEED THE PAGE LIMIT, (DOC. 25), SEEKING AN EXTENSION OF TIME UNTIL TUESDAY, FEBRUARY 17, 2015 TO FILE A REPLY IN FURTHER SUPPORT OF THE PARTIAL MOTION OF DEFENDANT CABELAS RETAIL, INC. TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT AND REQUESTING PERMISSION TO EXCEED THE PAGE LIMIT IS GRANTED. THE REPLY BRIEF FILED ON FEBRUARY 17, 2015, (DOC. 30), IS ACCEPTED AS TIMELY AND PROPERLY FILED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/20/15.2/23/15 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
32

ORDER THAT MOTION OF PROPOSED AMICI CURIAE FOR LEAVE TO FILE AMICUS CURIAE IN OPPOSITION TO DEFENDANT' S PARTIAL MOTION TO DISMISS AND FOR PERMISSION TO EXCEED PAGE LIMIT, (DOC. 26), TO WHICH THE PROPOSED BRIEF IS ATTACHED, AND OF DEFENDANT CABELAS RETAIL, INC.S STATEMENT OF NON-OPPOSITION TO THE MOTION, (DOC. 27), IS GRANTED. THE CLERK OF COURT SHALL DOCKET THE ATTACHMENTS TO THE MOTION, SEE (DOC. 26), AS THE AMICI CURIAE BRIEF. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/20/15.2/23/15 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
33

BRIEF OF AMICI CURIAE GAY & LESBIAN ADVOCATES & DEFENDERS, MAZZONI CENTER, NATIONAL CENTER FOR LESBIAN RIGHTS, NATIONAL CENTER FOR TRANSGENDER EQUALITY, NATIONAL LGBTQ TASK FORCE, AND TRANSGENDER LAW CENTER IN OPPOSITION TO DEFENDANT'S PARTIAL MOTION TO DISMISS filed by KATE LYNN BLATT. (Attachments: # 1 APPENDIX)(er, ) (Entered: 02/23/2015)

1 APPENDIX

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Feb. 23, 2015

Feb. 23, 2015

PACER
34

NOTICE of STATUS CONFERENCE: A STATUS CONFERENCE HAS BEEN SCHEDULED FOR WEDNESDAY, APRIL 8, 2015, AT 9:00 AM BEFORE THE HONORABLE JOSEPH F. LEESON, JR. AT THE EDWARD N. CAHN COURTHOUSE AND FEDERAL BUILDING, COURTROOM C, THIRD FLOOR, 504 WEST HAMILTON STREET, ALLENTOWN, PENNSYLVANIA.(dja, ) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
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ORDER THAT THE REQUESTED EXTENSION OF THE DISCOVERY DEADLINE TO APRIL 13, 2015 IS DENIED. THE COURT GRANTS AN EXTENSION OF THE DISCOVERY DEADLINE UNTIL APRIL 8, 2015. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/9/15. 3/10/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER
36

NOTICE by UNITED STATES OF AMERICA re 24 Notice (Other) Acknowledgment of Constitutional Challenge and Request for Extension of Time (Attachments: # 1 Text of Proposed Order)(NESTLER, EMILY) (Entered: 03/20/2015)

1 Text of Proposed Order

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March 20, 2015

March 20, 2015

PACER
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ORDER THIS COURT CERTIFIES TO THE UNITED STATES ATTORNEY GENERAL THAT PLAINTIFF KATE LYNN BLATT HAS DRAWN INTO QUESTION THE CONSTITUTIONALITY OF 42 U.S.C. § 12211(B)(1) OF THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C. §§ 12101, ET SEQ. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/26/15. 3/26/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
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ORDER THE UNITED STATES REQUEST FOR AN EXTENSION OF THE DEADLINE FOR ITS INTERVENTION IS GRANTED. THE UNITED STATES DEADLINE IS EXTENDED UP TO AND INCLUDING MAY 22, 2015.. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/26/15. 3/26/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
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Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR re: A Status Conference was held on 4/8/15. (ky, ) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
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ORDER THAT THE WITHIN MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUDGE HENRY S. PERKIN TO SCHEDULE AND CONDUCT A SETTLEMENT CONFERENCE ON OR AFTER MAY 22, 2015. IN THE EVENT ANY DEFENDANT HAS NOT YET ENTERED AN APPEARANCE AT THE TIME OF THIS ORDER, PLAINTIFF SHALL SERVE A COPY OF THIS ORDER UPON THAT DEFENDANT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/8/15. 4/9/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 04/09/2015)

April 8, 2015

April 8, 2015

PACER
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TELEPHONIC SETTLEMENT/STATUS CONFERENCE SCHEDULING ORDER THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE SET FOR 5/7/2015 11:30 AM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; ETC. AS HEREIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 4/9/15. 4/10/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 04/10/2015)

April 9, 2015

April 9, 2015

PACER
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SETTLEMENT CONFERENCE SCHEDULING ORDER THAT AN IN PERSON SETTLEMENT CONFERENCE SET FOR 8/12/2015 09:30 AM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; ETC. AS HERIEN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 4/9/15. 4/10/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 04/10/2015)

April 9, 2015

April 9, 2015

PACER
43

ORDER ALL DISCOVERY SHALL PROCEED FORTHWITH AND CONTINUE IN SUCH MANNER AS WILL ASSURE THAT ALL REQUESTS FOR AND RESPONSES TO DISCOVERY WILL BE SERVED, NOTICED AND COMPLETED BY MAY 22, 2015, ETC. A STATUS CONFERENCE BEFORE JUDGE JOSEPH F. LEESON, JR. WILL BE HELD AT THE EDWARD N. CAHN COURTHOUSE AND FEDERAL BUILDING, COURTROOM C, THIRD FLOOR, 504 WEST HAMILTON STREET, ALLENTOWN, PENNSYLVANIA 18101 ON MAY 27, 2015 AT 10:00 A.M. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/10/15. 4/10/15 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

PACER

Set/Reset Scheduling Order Deadlines: STATUS CONFERENCE SET FOR 5/27/2015 10:00 AM IN Allentown BEFORE HONORABLE JOSEPH F. LEESON JR.. DISCOVERY DUE BY 5/22/2015. (er, )

April 10, 2015

April 10, 2015

PACER
44

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Settlement Conference held on 5/7/15. A telephonic settlement conference was conducted in this case. (mas, ) (Entered: 05/08/2015)

May 7, 2015

May 7, 2015

PACER
45

REQUEST for Extension of Time to File Regarding Intervention filed by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(NESTLER, EMILY) Modified on 5/18/2015 (md). (Entered: 05/15/2015)

1 Text of Proposed Order

View on PACER

May 15, 2015

May 15, 2015

PACER
46

ORDER THAT THE UNITED STATES' REQUEST FOR A SECOND EXTENSION OF THE DEADLINE FOR ITS INTERVENTION IS GRANTED. THE UNITED STATES' DEADLINE IS EXTENDED UP TO AND INCLUDING JULY 21, 2015. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/15/15. 5/15/15 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER
47

ORDER THAT THE STATUS CONFERENCE IN THE ABOVE-CAPTIONED CASE CURRENTLY SCHEDULED FOR WEDNESDAY, MAY 27, 2015, AT 10:00 A.M. BEFORE JUDGE JOSEPH F. LEESON, JR. HAS BEEN RESCHEDULED FOR WEDNESDAY, JULY 22, 2015, AT 3:30 P.M. THE CONFERENCE WILL BE HELD AT THE EDWARD N. CAHN COURTHOUSE AND FEDERAL BUILDING, COURTROOM C, 504 HAMILTON STREET, SUITE 3401, ALLENTOWN, PENNSYLVANIA 18101. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/19/15. 5/26/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 05/26/2015)

May 26, 2015

May 26, 2015

PACER
48

NOTICE of Appearance by MICHAEL AVILA on behalf of CABELA'S RETAIL, INC. with Certificate of Service(AVILA, MICHAEL) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

PACER
49

STIPULATION AND ORDER THE PARTIES HAVE COMPLETED FEET DISCOVERY IN THIS CASE. THE PARTIAL MOTION OF CABELA'S RETAIL, INC. TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT ("PARTIAL MOTION TO DISMISS''), FILED ON NOVEMBER IS, 2014, IS CURRENTLY PENDING; ETC. AS HEREIN. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/2/15. 7/6/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 07/06/2015)

July 2, 2015

July 2, 2015

PACER
50

Statement of Interest by UNITED STATES OF AMERICA. (NESTLER, EMILY) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER
51

ORDER THAT PLAINTIFF AND DEFENDANT SHALL FILE BRIEFS IN RESPONSE TO THE UNITED STATES STATEMENT OF INTEREST ON OR BEFORE AUGUST 14, 2015. THE BRIEFS SHOULD DISCUSS: WHETHER THE CONSTITUTIONAL AVOIDANCE DOCTRINE IS APPLICABLE OR NOT APPLICABLE; AND IF THE CONSTITUTIONAL AVOIDANCE DOCTRINE IS APPLICABLE, WHAT THE PROCEDURE SHOULD BE FOR FURTHER PRE-TRIAL AND TRIAL PROCEEDINGS IN THIS CASE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/27/15. 7/29/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 07/29/2015)

July 28, 2015

July 28, 2015

PACER
52

STIPULATION AND ORDER THAT AND BETWEEN COUNSEL FOR THE PLAINTIFF, NEELIMA VANGURI, ESQUIRE AND COUNSEL FOR THE DEFENDANT, CHRISTIN KIM, ESQUIRE, THAT THE PLAINTIFF HAS AN EXTENSION OF TIME UNTIL FRIDAY, AUGUST 14, 2015 TO SUBMIT PLAINTIFF'S EXPERT REPORT; DEFENDANT HAS UNTIL SEPTEMBER 14, 2015 TO SUBMIT A RESPONSE; AND THE PARTIES HAVE UNTIL OCTOBER 14, 2015 TO COMPLETE EXPERT DEPOSITIONS. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/30/15. 7/31/15 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER

Set/Reset Deadlines as to RESPONSES DUE BY 9/14/2015. (er, )

July 31, 2015

July 31, 2015

PACER
53

Joint MOTION for Extension of Time to File Response to Court Order dated July 28, 2015 filed by KATE LYNN BLATT.proposed order and certificate of service.(FARRELL, BRIAN) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
54

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKINre: An In Person Settlement Conference was held on 8/12/15. (ky, ) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
55

ORDER THAT THE PARTIES' JOINT MOTION FOR AN EXTENSION OF DEADLINE IS GRANTED, AND PLAINTIFF AND DEFENDANT HAVE AN EXTENSION OF TIME UNTIL 8/21/15 TO FILE A RESPONSE TO THE COURT'S ORDER DATED JULY 28, 2015 (DOC. NO. 51). SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/12/15. 8/12/15 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
56

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: Settlement Conference held on 8/13/15. Court Reporter: None. (er, ) (Entered: 08/14/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
57

NOTICE of Withdrawal of Appearance by CHRISTIN KIM on behalf of CABELA'S RETAIL, INC.(KIM, CHRISTIN) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
58

Memorandum of Law in Response to Court Order Dated July 28, 2015 re 51 Order, Set Motion and R&R Deadlines/Hearings,, by KATE LYNN BLATT. (Attachments: # 1 Certificate of Service) (FARRELL, BRIAN) (Entered: 08/21/2015)

1 Certificate of Service

View on PACER

Aug. 21, 2015

Aug. 21, 2015

PACER
59

Memorandum of Law in Response to The Statement of Interest of the United States of America and Certificate of Service by CABELA'S RETAIL, INC.. (AVILA, MICHAEL) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
60

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Settlement Conference held on 8/24/15. A telephonic settlement conference wsa conducted in this case. (mas, ) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
61

STIPULATION TO EXTEND TIME FOR EXPERT DISCOVERY AND ORDER IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN PLAINTIFF KATE LYNN BLATT AND DEFENDANT CABELA'S RETAIL, INC., THROUGH THEIR UNDERSIGNED COUNSEL, THAT WITH THE COURT'S APPROVAL: (I) DEFENDANT SHALL HAVE AN EXTENSION OF TIME UNTIL OCTOBER 14, 2015 TO PRODUCE ITS EXPERT REPORT; AND (II) THE PARTIES SHALL HAVE UNTIL NOVEMBER 16, 2015 TO COMPLETE EXPERT DISCOVERY. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/26/15. 8/27/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 08/27/2015)

Aug. 26, 2015

Aug. 26, 2015

PACER
62

ORDER THAT THE UNITED STATES SHALL INTERVENE OR FILE A SUPPLEMENTAL STATEMENT OF INTEREST ON OR BEFORE NOVEMBER 16, 2015; PLAINTIFF AND DEFENDANT SHALL FILE SUPPLEMENTAL BRIEFS WITHIN FOURTEEN DAYS OF THE FILING OF THE UNITED STATES SUPPLEMENTAL STATEMENT OF INTEREST; ALL BRIEFS SHALL ADDRESS THE CONSTITUTIONALITY OF 42 U.S.C. § 12211(B) AND THE SUGGESTION MADE IN THE AMICUS BRIEF THAT SECTION 12211(B) DOES NOT EXCLUDE GENDER DYSPHORIA, SEE ECF NO. 33, PP. 11-17; AND ORAL ARGUMENT IS SCHEDULED ON THE MOTION TO DISMISS BEFORE JUDGE JOSEPH F. LEESON, JR. FOR DECEMBER 10, 2015, AT 2:00 P.M. AT THE EDWARD N. CAHN COURTHOUSE AND FEDERAL BUILDING, COURTROOM C, 504 HAMILTON STREET, SUITE 3401, ALLENTOWN, PENNSYLVANIA 18101. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/21/15. 9/22/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 09/22/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
63

ORDER THE CLERK OF COURT SHALL TRANSFER THE ABOVE-CAPTIONED ACTION TO THE CIVIL SUSPENSE DOCKET, AND MARK THE CASE CLOSED FOR STATISTICAL PURPOSES; THE COURT SHALL RETAIN JURISDICTION OVER THE CASE AND SHALL RETURN IT TO THE COURTS ACTIVE DOCKET ONCE THE CASE IS READY TO PROCEED TO FINAL DISPOSITION; THE ENTRY OF THIS ORDER IS WITHOUT PREJUDICE TO THE RIGHTS OF THE PARTIES; AND THE DEADLINES SET FORTH IN THE ORDER DATED SEPTEMBER 21, 2015, SEE ECF NO. 62, REMAIN IN EFFECT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/22/15. 9/23/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 09/23/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER
64

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: a Telephonic Settlement Conference held on 10/1/15. Court Reporter: none. (er, ) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
65

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: a Telephonic Settlement Conference held on 10/2/15. Court Reporter: None. (er, ) (Entered: 10/05/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
66

STIPULATION AND ORDER THAT BY AND BETWEEN COUNSEL FOR THE PLAINTIFF, NEELIMA VANGURI, ESQUIRE AND COUNSEL FOR THE DEFENDANT, MICHAEL P. AVILA, ESQUIRE, THAT THE PLAINTIFF HAS AN EXTENSION OF TIME UNTIL WEDNESDAY, DECEMBER 9, 2015 TO SUBMIT PLAINTIFFS REBUTTAL REPORT TO DEFENDANT'S EXPERT REPORT; AND THE PARTIES HAVE UNTIL FRIDAY, JANUARY 22, 2016 TO COMPLETE EXPERT DEPOSITIONS. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 11/9/15. 11/10/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 11/10/2015)

Nov. 10, 2015

Nov. 10, 2015

PACER
67

Statement of Interest by UNITED STATES OF AMERICA. (NESTLER, EMILY) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
68

ORDER THAT THE CLERK OF COURT SHALL TRANSFER THE ABOVE-CAPTIONED ACTION TO THE REGULAR TRIAL LIST, OUT OF THE CIVIL SUSPENSE DOCKET, AND REOPEN THE CASE; AND THE PARTIES ARE DIRECTED TO REFER TO THIS COURTS ORDER DATED SEPTEMBER 21, 2015, ECF NO. 62, FOR FURTHER DIRECTION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 11/17/15. 11/18/15 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 11/18/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
69

MOTION for Leave to File filed by KATE LYNN BLATT.UNOPPOSED MOTION OF AMICI CURIAE GAY & LESBIAN ADVOCATES & DEFENDERS, MAZZONI CENTER, NATIONAL CENTER FOR LESBIAN RIGHTS, NATIONAL CENTER FOR TRANSGENDER EQUALITY, NATIONAL LGBTQ TASK FORCE, AND TRANSGENDER LAW CENTER FOR LEAVE TO PARTICIPATE AT ORAL ARGUMENT ON DECEMBER 10,2015 AND TO FILE SUPPLEMENTAL AMICUS BRIEF IN RESPONSE TO SECOND STATEMENT OF INTEREST OF THE UNITED STATES OF AMERICA.(BARRY, KEVIN) (Entered: 11/24/2015)

Nov. 24, 2015

Nov. 24, 2015

PACER
70

ORDER THAT THE MOTION FOR LEAVE (69) IS GRANTED AND AND ANY SUPPLEMENTAL AMICUS BRIEF SHALL BE FILED ON OR BEFORE DECEMBER 1, 2015. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 11/24/15.11/25/15 ENTERED AND COPIES E-MAILED.(er, ) Modified on 11/25/2015 (er, ). (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

RECAP
71

Memorandum of Law in Response to the Second Statement of Interest of the United States of America by CABELA'S RETAIL, INC.. (AVILA, MICHAEL) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

PACER
72

Memorandum of Law in Response to this Court's Order Dated September 21, 2015 by KATE LYNN BLATT. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (FARRELL, BRIAN) (Entered: 12/01/2015)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Dec. 1, 2015

Dec. 1, 2015

PACER
73

STATEMENT OF AMICI CURIAE GAY & LESBIAN ADVOCATES & DEFENDERS, MAZZONI CENTER, NATIONAL CENTER FOR LESBIAN RIGHTS, NATIONAL CENTER FOR TRANSGENDER EQUALITY, NATIONAL LGBTQ TASK FORCE, AND TRANSGENDER LAW CENTER IN RESPONSE TO SECOND STATEMENT OF INTEREST OF THE UNITED STATES OF AMERICA by KATE LYNN BLATT. (BARRY, KEVIN) Modified on 12/2/2015 (md). (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
74

Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR: Oral Argument held on 12/9/15. Court Reporter: ESR. (er, ) (Entered: 12/11/2015)

Dec. 10, 2015

Dec. 10, 2015

PACER
75

STIPULATION AND ORDER THAT IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN PLAINTIFF KATE LYNN BLATT AND DEFENDANT CABELA'S RETAIL, INC., THROUGH THEIR UNDERSIGNED COUNSEL, THAT WITH THE COURT'S APPROVAL, THE PARTIES SHALL HAVE UNTIL 45 DAYS FOLLOWING THE DOCKETING OF THE COURT'S ORDER CONCERNING THE PARTIAL MOTION OF DEFENDANT CABELA'S RETAIL, INC. TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (ECF NO. 13 ) TO COMPLETE EXPERT DEPOSITIONS. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/11/16. 1/11/16 ENTERED AND COPIES E-MAILED. (mas, ) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
76

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Settlement Conference held on 3/1/16. A telephonic settlement conference was conducted in this case. (mas, ) (Entered: 03/02/2016)

March 1, 2016

March 1, 2016

PACER
77

NOTICE of Withdrawal of Appearance by BRIAN FARRELL on behalf of KATE LYNN BLATT(FARRELL, BRIAN) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

PACER
78

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: a Telephonic Settlement Conference held on 3/1/17. Court Reporter: None. (er, ) (Entered: 03/02/2017)

March 1, 2017

March 1, 2017

PACER
79

ORDER THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON MONDAY, MARCH 27, 2017, AT 2:30 PM BEFORE THE HONORABLE HENRY S. PERKIN, UNITED STATES MAGISTRATE JUDGE, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 3/2/17. 3/2/17 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
80

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Settlement Conference held on 3/27/17. A telephonic settlement conference was conducted in this case. (mas, ) (Entered: 03/28/2017)

March 27, 2017

March 27, 2017

PACER
81

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Settlement Conference held on 4/3/17. A telephonic settlement conference was conducted in this case. (mas, ) (Entered: 04/04/2017)

April 3, 2017

April 3, 2017

PACER
82

OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/18/17. 5/18/17 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

RECAP
83

ORDER THAT THE MOTION, ECF. NO. 13, IS DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/18/17. 5/18/17 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

RECAP
84

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: a Telephonic Settlement Conference held on 5/24/17. Court Reporter: None. (er, ) (Entered: 05/25/2017)

May 24, 2017

May 24, 2017

PACER
85

STIPULATION AND ORDER THAT THE DEADLINE TO COMPLETE EXPERT DEPOSITIONS IS EXTENDED BY SIXTY (60) DAYS OR UNTIL AUGUST 31, 2017. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/1/17. 6/1/17 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
86

NOTICE OF SCHEDULING OF TELEPHONE CONFERENCE: A TELEPHONE CONFERENCE HAS BEEN SCHEDULED WITH THE HONORABLE JOSEPH F. LEESON, JR. ON THURSDAY, JUNE 15, 2017, AT 2:30 P.M. CONCERNING THE STATUS OF THIS CASE. THE ATTORNEY FOR THE PLAINTIFF WILL INITIATE THE TELEPHONE CONFERENCE CALL BY CONTACTING JUDGE LEESON AT 610-391-7020, THROUGH HIS CIVIL DEPUTY CLERK, AFTER ALL PARTIES ARE CONFIRMED AS PRESENT ON THE CALL. (dja, ) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
87

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Settlement Conference held on 6/13/17. A telephonic settlement conference was conducted in this case. (mas, ) (Entered: 06/14/2017)

June 13, 2017

June 13, 2017

PACER
88

Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR Telephone Conference held on 6/15/17. Court Reporter: None. (er, ) Modified on 6/19/2017 (md). (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
89

ORDER THAT ALL DISPOSITIVE MOTIONS SHALL BE FILED NOT LATER THAN OCTOBER 2, 2017, ETC. A FINAL PRETRIAL CONFERENCE FOR THIS MATTER WILL BE HELD ON DECEMBER 20, 2017, AT 3:00 P.M., AT THE EDWARD N. CAHN U.S. COURTHOUSE AND FEDERAL BUILDING, COURTROOM C, THIRD FLOOR, 504 WEST HAMILTON STREET, ALLENTOWN, PENNSYLVANIA, ETC. THIS CASE IS SCHEDULED FOR TRIAL ON DECEMBER 26, 2017, OR AS SOON THEREAFTER AS THE SCHEDULE OF THE COURT PERMITS. COURT SHALL BE HELD FROM 9:00 A.M. TO 5:00 P.M., ETC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/15/17. 6/16/17 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
90

STIPULATION AND ORDER THAT THE THE STIPULATION IS APPROVED AND GRANTED IN PART AND DISAPPROVED AND DENIED IN PART. DEFENDANT'S DEADLINE TO FILE AN ANSWER TO PLAINTIFF'S AMENDED COMPLAINT, ONLY, AND FOR NO OTHER PURPOSE, IS EXTENDED THROUGH AND INCLUDING AUGUST 2, 2017. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/27/17. 7/28/17 ENTERED AND COPIES E-MAILED.(er, ) (Additional attachment(s) added on 7/28/2017: # 1 stipulation) (er, ). (Entered: 07/28/2017)

1 stipulation

View on PACER

July 28, 2017

July 28, 2017

PACER
91

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: a Telephonic Settlement Conference held on 7/28/17. Court Reporter: None. (er, ) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
92

ANSWER to 9 Amended Complaint by CABELA'S RETAIL, INC.. (Attachments: # 1 Certificate of Service)(GUERETTE, SUSAN) (Entered: 08/01/2017)

1 Certificate of Service

View on PACER

Aug. 1, 2017

Aug. 1, 2017

PACER
93

STIPULATION AND ORDER THAT THE PROPOSED STIPULATION IS DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/15/17. (Attachments: # 1 stipulation) 8/16/17 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 08/16/2017)

1 stipulation

View on PACER

Aug. 15, 2017

Aug. 15, 2017

RECAP
94

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Settlement Conference held on 9/13/17. A telephonic settlement conference was conducted in this case. (mas, ) (Entered: 09/14/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
95

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b), ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/18/17. 9/18/17 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: Aug. 15, 2014

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A transgender woman alleging gender identity discrimination by her employer.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cabela's Retail, Inc., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Retaliation

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

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

Promotion

Discrimination-basis:

Disability (inc. reasonable accommodations)

Gender identity

Sex discrimination

Disability:

disability, unspecified