Case: EEOC v. Scott Medical Health Center

2:16-cv-00225 | U.S. District Court for the Western District of Pennsylvania

Filed Date: March 1, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 1, 2016, the Equal Employment Opportunity Commission (EEOC) filed suit in the U.S. District Court for the Western District of Pennsylvania. The EEOC, on behalf of a gay employee, sued Scott Medical Health Center under Title VII of the Civil Rights Act of 1964. The EEOC asked the court for a permanent injunction and compensatory and punitive damages. In the complaint, the EEOC claimed that the Center engaged in unlawful employment practices in violation of Title VII, including harass…

On March 1, 2016, the Equal Employment Opportunity Commission (EEOC) filed suit in the U.S. District Court for the Western District of Pennsylvania. The EEOC, on behalf of a gay employee, sued Scott Medical Health Center under Title VII of the Civil Rights Act of 1964. The EEOC asked the court for a permanent injunction and compensatory and punitive damages. In the complaint, the EEOC claimed that the Center engaged in unlawful employment practices in violation of Title VII, including harassing conduct, sex discrimination, and employment termination based on sex. Specifically, the EEOC claimed that a gay male employee at the Center was subject to a continuing course of unwelcome and offensive harassment from a supervisor, including derogatory name-calling and offensive statements concerning the employee’s sexual practices. The work environment was so hostile that the employee eventually resigned, which the EEOC claimed amounted to a constructive discharge based on sex.

This is a somewhat novel claim, in that the EEOC claimed that discrimination based on the employee's sexual orientation was sex discrimination. The employee, by virtue of his sexual orientation, did not conform to sex stereotypes.

Prior to filing suit, the EEOC attempted to resolve the discrimination through informal methods. The EEOC was unable to secure an acceptable conciliation agreement from the defendant.

On May 9, 2016, Scott Medical moved to dismiss the case. On November 4, 2016, the District Court denied Scott Medical’s motion to dismiss. The court rejected the defendant’s claim that Title VII did not protect discrimination on the basis of sexual orientation, holding that “Title VII’s ‘because of sex’ provision prohibits discrimination on the basis of sexual orientation.” 217 F.Supp.3d 834.

The parties made a brief attempt at Alternative Dispute Resolution, but they were excused from it on January 5, 2017. On May 3, 2017, the Court scheduled a jury trial for December 4 of that year.

On September 13, 2017, all three of Scott Medical’s lawyers sought to withdraw as counsel, and the Court gave them leave to do so. Scott Medical did not seek new counsel. (Scott Medical had recently filed for bankruptcy and likely could not afford to pay its lawyers.) The next day, the EEOC sought default judgment, as Scott Medical had no intention or ability to defend against the EEOC’s action without legal representation. On September 25, 2017, the Court granted the motion for default judgment.

On November 16, 2017, the Court granted judgment in favor of the plaintiff and found that by a preponderance of the evidence, the plaintiff was entitled to back pay, compensatory damages, punitive damages, and injunctive relief. 2017 WL 5493975. Scott Medical had to pay a total of $55,500.43 to the plaintiff. The Court also required Scott Medical to send the EEOC a written report on every sex harassment complaint, allegation, and charge made by any Scott Medical employee for the next five years. Until the injunction period is over, the Court retains jurisdiction in the event of a compliance dispute. The EEOC presumably continues to monitor Scott Medical’s compliance.

Summary Authors

Julie Singer (2/2/2017)

Rebecca Strauss (5/21/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4374478/parties/us-equal-employment-opportunity-commission-v-scott-medical-health/


Judge(s)

Bissoon, Cathy (Pennsylvania)

Attorneys(s) for Plaintiff

Kane, Deborah A. (Pennsylvania)

Lawrence, Debra Michele (Maryland)

Phillips, Ronald L. (Maryland)

Saul, Charles H. (Pennsylvania)

Sellers, Catherine N. (Maryland)

Attorneys(s) for Defendant

McGee, Kyle T. (Pennsylvania)

Other Attorney(s)

Active

Active

Active

Judge(s)

Bissoon, Cathy (Pennsylvania)

Attorneys(s) for Plaintiff

Kane, Deborah A. (Pennsylvania)

Lawrence, Debra Michele (Maryland)

Phillips, Ronald L. (Maryland)

Saul, Charles H. (Pennsylvania)

Sellers, Catherine N. (Maryland)

Attorneys(s) for Defendant

McGee, Kyle T. (Pennsylvania)

Other Attorney(s)

Gonzalez-Pagan, Omar (New York)

Lapidus, Lenora M. (New Jersey)

Mar, Ria Tabacco (New York)

Nevins, Gregory R. (Georgia)

Palmer, Tracie L. (Pennsylvania)

Rose, Sara (Pennsylvania)

Williams, David C. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 18, 2017 Docket
1

Complaint

March 1, 2016 Complaint
48

Memorandum Order

217 F.Supp.3d 834, 2016 WL 6569233

Nov. 4, 2016 Order/Opinion
68

Motion for Leave to Withdraw as Counsel for Defendant Scott Medical Health Center, P.C.

EEOC v. Scott Medical Health Center, P.C.

Sept. 13, 2017 Pleading / Motion / Brief
81

Judgment Order

2017 WL 5493975

Nov. 16, 2017 Order/Opinion
80

Findings of Fact and Conclusions of Law

Nov. 16, 2017 Order/Opinion

Resources

Title Description External URL

EEOC Scores Victory in Sexual Orientation Discrimination Lawsuit

Daniel R. Long

The case, EEOC v. Scott Medical Health Center, P.C., was previously newsworthy as one of the first two sexual orientation discrimination lawsuits that the EEOC filed. It was also one of the first cas… Nov. 27, 2017 https://www.laboremploymentperspectives.com/2017/11/27/eeoc-scores-victory-in-sexual-orientation-discrimination-lawsuit/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4374478/us-equal-employment-opportunity-commission-v-scott-medical-health/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against SCOTT MEDICAL HEALTH CENTER, P.C., filed by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet) (plh) (Entered: 03/01/2016)

1 Civil Cover Sheet

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March 1, 2016 RECAP
2

First MOTION for attorney Ronald L. Phillips to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3882603) by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Affidavit Declaration of Ronald Phillips, # 2 Proposed Order) (Kane, Deborah) (Entered: 03/03/2016)

1 Affidavit Declaration of Ronald Phillips

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2 Proposed Order

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March 3, 2016 PACER

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March 3, 2016 PACER
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ORDER denying as moot 2 Motion for Ronald L. Phillips, Esq., to Appear Pro Hac Vice on behalf of the EEOC. Pursuant to this District's policies, non-contract lawyers appearing on behalf of federal agencies are not required to secure pro hac vice admission. Instructions for requesting a return of the $40 pro hac vice fee are available on the Court's website, at http://www.pawd.uscourts.gov/sites/pawd/files/PayGovRefundInstructions.pdf. Signed by Judge Cathy Bissoon on 3/3/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 03/03/2016)

March 3, 2016 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 2 Motion to Appear Pro Hac Vice. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (plh)

March 3, 2016 PACER
4

NOTICE of Appearance by Charles H. Saul on behalf of SCOTT MEDICAL HEALTH CENTER, P.C.. (Saul, Charles) (Entered: 03/04/2016)

March 4, 2016 PACER
5

NOTICE of Appearance by Ronald L. Phillips on behalf of U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Phillips, Ronald) (Entered: 03/04/2016)

March 4, 2016 PACER
6

WAIVER OF SERVICE Returned Executed by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. SCOTT MEDICAL HEALTH CENTER, P.C. waiver sent on 3/1/2016, answer due 5/2/2016. (Kane, Deborah) (Entered: 03/07/2016)

March 7, 2016 PACER
7

DISTRICT JUDGE OPTION by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION to have this case randomly assigned to a U.S. District Judge. (Kane, Deborah) (Entered: 03/09/2016)

March 9, 2016 PACER
8

NOTICE of Appearance by Kyle T. McGee on behalf of SCOTT MEDICAL HEALTH CENTER, P.C.. (McGee, Kyle) (Entered: 03/09/2016)

March 9, 2016 PACER
9

Disclosure Statement identifying None as corporate parent or other affiliate, by SCOTT MEDICAL HEALTH CENTER, P.C.. (Saul, Charles) (Entered: 03/10/2016)

March 10, 2016 PACER
10

Stipulation for Extension of Time to Answer by SCOTT MEDICAL HEALTH CENTER, P.C. Answer due from SCOTT MEDICAL HEALTH CENTER, P.C. on 5/9/2016. (McGee, Kyle) (Entered: 05/02/2016)

May 2, 2016 PACER

Update Answer Deadline

May 2, 2016 PACER

Update Answer Deadline: Answer due 5/9/2016 from SCOTT MEDICAL HEALTH CENTER, P.C. (plh)

May 2, 2016 PACER
11

MOTION to Dismiss re: 1 Complaint pursuant to Fed.R.Civ P. 12 (b)(1) and (6), by SCOTT MEDICAL HEALTH CENTER, P.C.. (Attachments: # 1 Proposed Order) (Saul, Charles) Modified on 5/10/2016. (plh) (Entered: 05/09/2016)

1 Proposed Order

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May 9, 2016 PACER

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May 9, 2016 PACER
12

BRIEF in Support re 11 Motion to Dismiss re: 1 Complaint pursuant to Fed.R.Civ.P. 12 (b)(1) and (6) filed by SCOTT MEDICAL HEALTH CENTER, P.C. (Attachments: # 1 Exhibit 1 Fullard Charge, # 2 Exhibit 2 Griffie Charge, # 3 Exhibit 3 Mackie Charge, # 4 Exhibit 4 Wieczorek Charge, # 5 Exhibit 5 Eber Charge, # 6 Exhibit 6 Fullard Determination, # 7 Exhibit 7 Griffie Determination, # 8 Exhibit 8 Mackie Determination, # 9 Exhibit 9 Wieczorek Determination, # 10 Exhibit 10 Eber Determination, # 11 Exhibit 11 Hieronimus Determination, # 12 Exhibit 12 EEOC Press Release) (Saul, Charles) Modified on 5/10/2016. (plh) (Entered: 05/09/2016)

1 Exhibit 1 Fullard Charge

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2 Exhibit 2 Griffie Charge

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3 Exhibit 3 Mackie Charge

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4 Exhibit 4 Wieczorek Charge

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5 Exhibit 5 Eber Charge

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6 Exhibit 6 Fullard Determination

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7 Exhibit 7 Griffie Determination

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8 Exhibit 8 Mackie Determination

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9 Exhibit 9 Wieczorek Determination

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10 Exhibit 10 Eber Determination

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11 Exhibit 11 Hieronimus Determination

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12 Exhibit 12 EEOC Press Release

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May 9, 2016 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 11 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Multiple Motions not filed. CORRECTION: Motion to Dismiss to State a Claim. This message is for informational purposes only. (plh)

May 9, 2016 PACER
13

ORDER Response re 11 Motion to Dismiss. Consistent with the undersigned's Practices and Procedures (http://www.pawd.uscourts.gov/sites/pawd/files/bissoon_pp.pdf), Plaintiff's response is due by 5/31/16. All future motions in this case will be governed by the undersigned's Practices and Procedures, and no briefing schedule will issue. If the parties consent to the jurisdiction of a magistrate judge in this case, the parties must file a stipulation consenting to such jurisdiction on or before 5/20/16. If any party declines to consent, no stipulation or other filing is required. Signed by Judge Cathy Bissoon on 5/10/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 05/10/2016)

May 10, 2016 PACER
14

Consent MOTION for Leave to File Excess Pages for Memorandum in Opposition to Defendant's Motion to Dismiss by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order) (Kane, Deborah) (Entered: 05/27/2016)

1 Proposed Order

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May 27, 2016 PACER
15

ORDER granting in part and denying in part 14 Plaintiff's Motion for Leave to File Memorandum in Excess of Page Limitations. Plaintiff is granted leave to file a Responsive Memorandum of no more than 40 pages inclusive of any factual summaries and tables. Signed by Judge Cathy Bissoon on 5/27/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 05/27/2016)

May 27, 2016 PACER
16

BRIEF in Opposition re 11 Motion to Dismiss re: 1 Complaint filed by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Kane, Deborah) Modified on 6/1/2016. (plh) (Entered: 05/31/2016)

1 Exhibit 1

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2 Exhibit 2

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May 31, 2016 PACER
17

MOTION for Extension of Time to File Response/Reply as to 16 Brief in Opposition to Motion by SCOTT MEDICAL HEALTH CENTER, P.C.. (Attachments: # 1 Proposed Order) (Saul, Charles) (Entered: 06/06/2016)

1 Proposed Order

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June 6, 2016 PACER
18

ORDER granting 17 Defendant's Unopposed Motion for Extension of Time to File its Reply Brief. Defendant's Reply is due on or before 6/20/2016. Signed by Judge Cathy Bissoon on 6/6/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 06/06/2016)

June 6, 2016 PACER
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MOTION for Leave to File Brief Amici Curiae in Support of re: 16 Plaintiff EEOC's Opposition to Defendant's Motion to Dismiss by AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA. (Attachments: # 1 Exhibit Amicus Brief, # 2 Exhibit Corporate Disclosure Statement, # 3 Proposed Order) (Rose, Sara) Modified on 6/8/2016. (plh) (Entered: 06/07/2016)

1 Exhibit Amicus Brief

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2 Exhibit Corporate Disclosure Statement

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3 Proposed Order

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June 7, 2016 PACER
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MOTION for attorney Lenora M. Lapidus to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3983883) by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA, 9to5, National Association of Working Women, California Womens Law Center, A Better Balance, Equal Rights Advocates, Feminist Majority Foundation, Gender Justice, Legal Voice, National Womens Law Center, Southwest Womens Law Center, Womens Law Center of Maryland, Women's Law Project Western Pennsylvania. (Attachments: # 1 Affidavit of Lenora M Lapidus in Support of Motion for Admission Pro Hac Vice, # 2 Proposed Order (Lapidus, Lenora) (Entered: 06/07/2016)

1 Affidavit of Lenora M Lapidus in Support of Motion for Admission Pro H

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2 Proposed Order

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June 7, 2016 PACER

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June 7, 2016 PACER
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MOTION for attorney Ria Tabacco Mar to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3983902) by 9to5, National Association of Working Women, A Better Balance, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA, California Womens Law Center, Equal Rights Advocates, Feminist Majority Foundation, Gender Justice, Legal Voice, National Womens Law Center, Southwest Womens Law Center, Women's Law Project Western Pennsylvania, Womens Law Center of Maryland. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Tabacco Mar, Ria) (Entered: 06/07/2016)

1 Affidavit

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2 Proposed Order

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June 7, 2016 PACER
22

MOTION to File Amicus Brief in Support of re: 16 Plaintiff's Opposition to Defendant's Motion to Dismiss by Lambda Legal Defense and Education Fund. (Attachments: # 1 Exhibit Brief, # 2 Proposed Order) (Palmer, Tracie) Modified on 6/8/2016. (plh) (Entered: 06/07/2016)

1 Exhibit Brief

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2 Proposed Order

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June 7, 2016 PACER
23

Disclosure Statement identifying None as corporate parent or other affiliate, by Lambda Legal Defense and Education Fund. (Palmer, Tracie) (Entered: 06/07/2016)

June 7, 2016 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 22 Motion to File Amicus Brief. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (plh)

June 7, 2016 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 19 Motion for Leave to File. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (plh) Modified on 7/5/2016. (tt)

June 7, 2016 PACER
24

MOTION for attorney Omar Gonzalez-Pagan to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3985410) by LAMBDA LEGAL DEFENSE AND EDUCATION FUND. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Gonzalez-Pagan, Omar) (Entered: 06/08/2016)

1 Affidavit

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2 Proposed Order

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June 8, 2016 PACER
25

MOTION for attorney Gregory R. Nevins to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3985420) by LAMBDA LEGAL DEFENSE AND EDUCATION FUND. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Nevins, Gregory) (Entered: 06/08/2016)

1 Affidavit

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2 Proposed Order

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June 8, 2016 PACER
26

ORDER granting 19 Motion for Leave to File Brief Amici Curiae by the American Civil Liberties Union; American Civil Liberties Union of Pennsylvania; 9to5, National Association of Working Women; A Better Balance; California Womens Law Center; Equal Rights Advocates; Feminist Majority Foundation; Gender Justice; Legal Voice; National Womens Law Center; Southwest Womens Law Center; Womens Law Center of Maryland; and Womens Law Project. IT IS FURTHER ORDERED that any brief filed must be done in accordance with the undersigned's Practices and Procedures (http://www.pawd.uscourts.gov/sites/pawd/files/bissoon_pp.pdf). Signed by Judge Cathy Bissoon on 6/10/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 06/10/2016)

June 10, 2016 PACER
27

ORDER granting 22 Motion to File Amicus Brief by Lambda Legal Defense and Education Fund, Inc. IT IS FURTHER ORDERED that any brief filed must be done in accordance with the undersigned's Practices and Procedures (http://www.pawd.uscourts.gov/sites/pawd/files/bissoon_pp.pdf). Signed by Judge Cathy Bissoon on 6/10/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 06/10/2016)

June 10, 2016 PACER
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ORDER granting 20 Motion for Lenora M. Lapidus to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 6/10/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 06/10/2016)

June 10, 2016 PACER
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ORDER granting 21 Motion for Ria Tabacco Mar to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 6/10/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 06/10/2016)

June 10, 2016 PACER
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ORDER granting 24 Motion for Omar Gonzalez-Pagan to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 6/10/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 06/10/2016)

June 10, 2016 PACER
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ORDER granting 25 Motion for Gregory R. Nevins to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 6/10/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 06/10/2016)

June 10, 2016 PACER
32

BRIEF in Support of 16 Brief in Opposition to Motion to Dismiss filed by 9TO5 NATIONAL ASSOCIATION OF WORKING WOMEN, A BETTER BALANCE, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA, CALIFORNIA WOMENS LAW CENTER, EQUAL RIGHTS ADVOCATES, FEMINIST MAJORITY FOUNDATION, GENDER JUSTICE, LEGAL VOICE, NATIONAL WOMENS LAW CENTER, SOUTHWEST WOMENS LAW CENTER, WOMEN'S LAW PROJECT WESTERN PENNSYLVANIA, WOMENS LAW CENTER OF MARYLAND. (Rose, Sara) (Entered: 06/10/2016)

June 10, 2016 PACER
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BRIEF in Support of 16 Brief in Opposition to Motion to Dismiss filed by LAMBDA LEGAL DEFENSE AND EDUCATION FUND. (Gonzalez-Pagan, Omar) Modified on 6/14/2016. (plh) This document removed from public view for signature requirements. (Entered: 06/13/2016)

June 13, 2016 PACER

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June 13, 2016 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 33 Brief in Support - Other. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (plh)

June 13, 2016 PACER
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Errata re 33 Brief in Support - Other of 16 Brief in Opposition to Motion to Dismiss by LAMBDA LEGAL DEFENSE AND EDUCATION FUND. Reason for Correction: Fixing signature to match filer. (Gonzalez-Pagan, Omar) (Entered: 06/14/2016)

June 14, 2016 PACER
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MOTION for Leave to File Excess Pages by SCOTT MEDICAL HEALTH CENTER, P.C.. (Attachments: # 1 Proposed Order) (Saul, Charles) (Entered: 06/17/2016)

1 Proposed Order

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June 17, 2016 PACER
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ORDER granting 35 Motion for Leave to File Excess Pages, Defendant permitted to file reply brief up to 13 pages. Signed by Judge Cathy Bissoon on 6/20/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 06/20/2016)

June 20, 2016 PACER

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June 20, 2016 PACER
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MOTION for attorney David C. Williams to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3996972) by LAMBDA LEGAL DEFENSE AND EDUCATION FUND. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Exhibit Good Standing Certificate, # 4 Supplement Certificate of Service) (Williams, David) Modified on 6/21/2016. (plh) SEE ERRATA at Doc # 40 for correction. (Entered: 06/20/2016)

1 Affidavit

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2 Proposed Order

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3 Exhibit Good Standing Certificate

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4 Supplement Certificate of Service

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June 20, 2016 PACER
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REPLY BRIEF re 16 Brief in Opposition to Motion to Dismiss Complaint filed by SCOTT MEDICAL HEALTH CENTER, P.C.. (Attachments: # 1 Exhibit Supplemental Declaration) (Saul, Charles) (Entered: 06/20/2016)

1 Exhibit Supplemental Declaration

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June 20, 2016 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 37 Motion to Appear Pro Hac Vice. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (plh)

June 20, 2016 PACER
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ORDER granting 37 Motion for David C. Williams to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 6/21/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rld) (Entered: 06/21/2016)

June 21, 2016 PACER
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Errata re 37 Motion to Appear Pro Hac Vice, David C. Williams by LAMBDA LEGAL DEFENSE AND EDUCATION FUND. Reason for Correction: s/ to Attorney signatures. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Exhibit Good Standing Certificate, # 4 Certificate of Service) (Williams, David) (Entered: 06/21/2016)

1 Affidavit

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3 Exhibit Good Standing Certificate

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4 Certificate of Service

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June 21, 2016 PACER
41

MOTION for Leave to File Sur-reply Brief in Opposition to Defendant's Rule 12(b)(1) and 12(b)(6) Motion to Dismiss by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit Sur-reply Brief, # 2 Proposed Order) (Kane, Deborah) (Entered: 06/27/2016)

1 Exhibit Sur-reply Brief

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2 Proposed Order

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June 27, 2016 PACER
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ORDER granting 41 Plaintiff's Motion for Leave to File Sur Reply Brief in Opposition to Defendant's Motion to Dismiss. Aside from Plaintiffs Sur Reply Brief, no additional briefing will be accepted. Signed by Judge Cathy Bissoon on 6/29/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 06/29/2016)

June 29, 2016 PACER
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Sur-Reply Brief re 11 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, filed by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Kane, Deborah) (Entered: 06/29/2016)

June 29, 2016 PACER
44

MOTION for Judicial Notice re 11 MOTION to Dismiss re: 1 Complaint pursuant to Fed.R.Civ.P. 12 (b)(1) and (6) by SCOTT MEDICAL HEALTH CENTER, P.C. by SCOTT MEDICAL HEALTH CENTER, P.C.. (Attachments: # 1 Proposed Order) (Saul, Charles) Modified on 8/1/2016. (plh) (Entered: 07/29/2016)

1 Proposed Order

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July 29, 2016 PACER
45

ORDER granting 44 Defendant's Motion for Judicial Notice. Signed by Judge Cathy Bissoon on 8/1/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 08/01/2016)

Aug. 1, 2016 PACER
46

MOTION for Judicial Notice re 11 MOTION to Dismiss re: 1 Complaint pursuant to Fed.R.Civ.P. 12 (b)(1) and (6) filed by SCOTT MEDICAL HEALTH CENTER, P.C. by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Kane, Deborah) Modified on 10/13/2016. (plh) (Entered: 10/12/2016)

1 Exhibit 1

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2 Proposed Order

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Oct. 12, 2016 PACER
47

ORDER granting 46 Plaintiff's Motion for Judicial Notice. The Court hereby takes judicial notice that the appellate decision by the Seventh Circuit in Hively v. Ivy Tech Cmty. College, 2016 U.S. App. LEXIS 13746 (7th Cir. 2016) has been vacated in light of that court's order granting en banc review. Signed by Judge Cathy Bissoon on 10/17/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 10/17/2016)

Oct. 17, 2016 PACER
48

ORDER. For the reasons stated in the Memorandum Order filed herewith, Defendant's Motion to Dismiss (Doc. 11 ) is DENIED. Signed by Judge Cathy Bissoon on 11/4/16. (jwr) (Entered: 11/04/2016)

Nov. 4, 2016 RECAP
49

ORDER. Defendant is reminded of its obligations pursuant to Federal Rule of Civil Procedure 14(a)(4)(A) to answer the Complaint no more than 14 days after the date of this Court's Order denying the motion to dismiss. Therefore, Defendant's answer is due on or before 11/18/16. Signed by Judge Cathy Bissoon on 11/10/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 11/10/2016)

Nov. 10, 2016 PACER
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ANSWER and Affirmative Responses to 1 Complaint by SCOTT MEDICAL HEALTH CENTER, P.C. (Saul, Charles) (plh) (Entered: 11/18/2016)

Nov. 18, 2016 PACER
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ORDER, setting Case Management Conference before Judge Cathy Bissoon, more fully stated in said order. Signed by Judge Cathy Bissoon on 1/4/17. (jhi) (Entered: 11/18/2016)

Nov. 18, 2016 PACER
52

REPORT of Rule 26(f) Planning Meeting. (Kane, Deborah) (Entered: 12/29/2016)

Dec. 29, 2016 PACER
53

STIPULATION selecting ADR process by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Kane, Deborah) (Entered: 12/29/2016)

Dec. 29, 2016 PACER
54

Minute Entry for proceedings held before Judge Cathy Bissoon: Case Management Conference held on 1/4/2017. (Court Reporter: none). Order to follow. (jwr) (Entered: 01/04/2017)

Jan. 4, 2017 PACER
55

CASE MANAGEMENT ORDER. See contents of this filing for detailed instructions and deadlines. Signed by Judge Cathy Bissoon on 1/5/17. (jwr) (Entered: 01/05/2017)

Jan. 5, 2017 PACER
56

ORDER, at request of counsel, a telephone conference re: Discovery is now set for 4/5/2017 at 11:00 AM before Judge Cathy Bissoon. Counsel for the Plaintiff shall initiate the conference call. Signed by Judge Cathy Bissoon on 4/3/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 04/03/2017)

April 3, 2017 PACER
57

Minute Entry for proceedings held before Judge Cathy Bissoon: Telephone Conference re Discovery held on 4/5/2017. (Court Reporter: none) Order to follow. (jhi) (Entered: 04/05/2017)

April 5, 2017 PACER
58

ORDER. Consistent with discussions during today's Telephone Conference re Discovery, the Court hereby ORDERS the following: Defendant may depose Ms. Rodia on (a) what was said by her and Mr. Baxley during Ms. Rodia's interview of Mr. Baxley; and (b) other issues involving her investigation, such as whether she spoke to other Scott Medical employees concerning Mr. Baxley's allegations, and if so, what was stated. IT IS FURTHER ORDERED that as to Mr. Baxley's medical records from Dr. Berge's office, the parties will work to determine what additional records exist. As to Dr. Vasil, Defendant is entitled to all of Mr. Baxley's medical records created January 1, 2010 and thereafter. Moreover, if requested, Defendant is entitled to medical release authorizations signed by Mr. Baxley. IT IS FURTHER ORDERED that Defendant is entitled to discovery of materials from Mr. Baxley's personnel file from his immediate subsequent employer limited to the following two categories of material: any materials in Mr. Baxley's personnel file that concern Mr. Baxley's application for employment as a well as any references in the personnel file that deal with any incidents of counseling. Signed by Judge Cathy Bissoon on 4/5/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 04/05/2017)

April 5, 2017 PACER
59

STIPULATED PROTECTIVE ORDER by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Kane, Deborah) (Entered: 04/06/2017)

April 6, 2017 PACER
60

ORDER adopting the parties' Stipulated Order Regarding Confidentiality of Discovery Material (Doc. 59 ) subject to the following revisions. Paragraph 2(b) is AMENDED to include the following language: Requests to file under seal also shall comply with this Court's ECF Ps & Ps regarding the same. See web page -- http://www.pawd.uscourts.gov/sites/pawd/files/ECFPolProcAmended062013.pdf -- at 8; moreover, paragraph 4 is AMENDED to include the following language: Any requests for judicial intervention also are governed by ยง III.B.3 of Judge Bissoon's Ps & Ps (see web page at http://www.pawd.uscourts.gov/sites/pawd/files/bissoon_pp.pdf) (requiring telephonic conference before proceeding to motions practice). Signed by Judge Cathy Bissoon on 4/7/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 04/07/2017)

April 7, 2017 PACER
61

Minute Entry for proceedings held before Judge Cathy Bissoon: Telephone Conference held on 5/3/2017. (Court Reporter: none) Order to follow. (jhi) (Entered: 05/03/2017)

May 3, 2017 PACER
62

ORDER SETTING TRIAL. A jury trial in this matter is scheduled to commence December 4, 2017 at 9:00 AM. See contents of this filing for detailed instructions and deadlines. Signed by Judge Cathy Bissoon on 5/3/17. (jwr) (Entered: 05/03/2017)

May 3, 2017 PACER
63

ORDER. The jury trial scheduled for 12/4/17 at 9:00 a.m. is RESCHEDULED to commence on 12/11/17 at 9:00 a.m. All other deadlines and instructions in the Final Pretrial Order (Doc. 62 ) remain UNAFFECTED. Signed by Judge Cathy Bissoon on 6/14/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 06/14/2017)

June 14, 2017 PACER
64

MOTION to Withdraw as Attorney by SCOTT MEDICAL HEALTH CENTER, P.C. (Attachments: # 1 Proposed Order) (Saul, Charles) (Entered: 09/07/2017)

1 Proposed Order

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Sept. 7, 2017 PACER
65

ORDER. The Motion to Withdraw as Attorney by DEFENDANT SCOTT MEDICAL HEALTH CENTER, P.C.'s Attorneys is DENIED without prejudice to refilling in accordance with the applicable local rule. See LCvR 83.2.C.4. Signed by Judge Cathy Bissoon on 9/8/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jwr) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
66

Unopposed MOTION for Status Conference by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order) (Kane, Deborah) (Entered: 09/11/2017)

1 Proposed Order

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Sept. 11, 2017 PACER

Set Deadlines/Hearings

Sept. 11, 2017 PACER
67

ORDER. Plaintiff's unopposed Motion for a Status Conference 66 is hereby GRANTED. The Conference will be held by telephone on 9/13/17 at 10:30 AM. All participants shall contact the undersigned's Chambers (412.208.7460) on a single telephone line, and Plaintiff's counsel shall coordinate the call. Signed by Judge Cathy Bissoon on 9/11/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rdl) (Entered: 09/11/2017)

Sept. 11, 2017 PACER

Status Conference set for 9/13/2017 10:30 AM before Judge Cathy Bissoon. See text order entered today. (rdl)

Sept. 11, 2017 PACER
68

MOTION to Withdraw as Attorney by SCOTT MEDICAL HEALTH CENTER, P.C.. (Attachments: # 1 Proposed Order) (Saul, Charles) (Entered: 09/13/2017)

1 Proposed Order

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Sept. 13, 2017 PACER
69

Minute Entry for proceedings held before Judge Cathy Bissoon: Telephone Conference held on 9/13/2017. (Court Reporter: None) Once the motion to withdraw is granted, the EEOC intends to pursue a default judgment against Scott Medical as it is now clear that Scott Medical does not intend to secure new legal counsel and cannot proceed in the case without legal counsel. (jhi) (Entered: 09/13/2017)

Sept. 13, 2017 PACER
70

ORDER granting 68 Motion to Withdraw as Attorney. Attorneys Kyle T. McGee and Charles H. Saul terminated. Scott Medical understands that it cannot proceed without counsel as it is a corporate entity. See Evanston Ins. Co. v. Layne Thomas Builders, Inc., 2010 WL 1213433, *2 (D. Del. Mar. 26, 2010) (holding same, citation omitted); Thompson v. Wyrks Tool and Mach. Ltd, 2010 WL 3008608 (W.D. Pa. 2010) ("[C]orporations may not proceed in federal court 'pro se.'"). Scott Medical has indicated that it does not intend to retain new counsel in this matter. Signed by Judge Cathy Bissoon on 9/13/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rdl) (Entered: 09/13/2017)

Sept. 13, 2017 PACER
71

MOTION for Default Judgment against SCOTT MEDICAL HEALTH CENTER, P.C. by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order) (Kane, Deborah) (Entered: 09/14/2017)

1 Proposed Order

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Sept. 14, 2017 PACER
72

ORDER granting Plaintiff's Motion for Default Judgment as to liability and setting hearing as to damages. Plaintiff's Motion for Default Judgment (Doc. 71 ) is hereby GRANTED as to liability. A damages hearing is scheduled for 10/30/17 at 2:15 p.m. in Courtroom 3A before Judge Cathy Bissoon. Signed by Judge Cathy Bissoon on 9/25/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kg) (Entered: 09/25/2017)

Sept. 25, 2017 PACER
73

NOTICE of Appearance by Catherine N. Sellers on behalf of U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Sellers, Catherine ) (Entered: 09/26/2017)

Sept. 26, 2017 PACER
74

Minute Entry for proceedings held before Judge Cathy Bissoon: Motion Hearing held on 10/30/2017 re 71 MOTION for Default Judgment against SCOTT MEDICAL HEALTH CENTER, P.C. filed by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Court Reporter: Deborah Rowe) Order to follow. (jhi) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
75

SUPPLEMENT by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Kane, Deborah) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
76

ORDER. As further stated in the contents of this filing, Plaintiff shall file proposed findings of fact and conclusions of law, along with a supporting brief, no later than November 13, 2017. In addition to filing, Plaintiff shall email an editable Microsoft Word copy of the proposed findings of fact and conclusions of law to: bissoon_external@pawd.uscourts.gov. Signed by Judge Cathy Bissoon on 10/30/17. (rdl) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
77

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re MOTION HEARING held on October 30, 2017 before Judge Cathy Bissoon. Court Reporter Deborah Rowe, Telephone number 412-471-2510. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/9/2017. Redaction Request due 11/24/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 1/31/2018. (dsr) (Entered: 11/02/2017)

Nov. 2, 2017 PACER
78

Proposed Findings of Fact and Conclusions of Law by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Kane, Deborah) (Entered: 11/13/2017)

Nov. 13, 2017 PACER
79

BRIEF in Support re 78 Proposed Findings of Fact and Conclusions of Law by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Affidavit, # 2 Exhibit A - Back Pay Calculation, # 3 Exhibit B - Prejudgment Interest Rates) (Kane, Deborah) Modified on 11/14/2017 to correct title of event selected and add document linkage. (ept) (Entered: 11/13/2017)

1 Affidavit

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2 Exhibit A - Back Pay Calculation

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3 Exhibit B - Prejudgment Interest Rates

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Nov. 13, 2017 PACER
80

FINDINGS OF FACT AND CONCLUSIONS OF LAW. See filing attached at this docket entry. Signed by Judge Cathy Bissoon on 11/16/17. (rdl) (Entered: 11/16/2017)

Nov. 16, 2017 RECAP
81

JUDGMENT in favor of Plaintiff and against Defendant as further elaborated in the Judgment Order attached at this docket entry. Deft is hereby Permanently Enjoined from violating provisions as stated more fully in said Order. Judgment is entered, in favor of pltf and against deft, in the amount of $55,500.43. The Court, having resolved all matters before it, will enter herewith an Order under Federal Rule 58 and mark this case closed. Signed by Judge Cathy Bissoon on 11/16/17. (rdl) Modified on 12/7/2017. (tt) (Entered: 11/16/2017)

Nov. 16, 2017 RECAP
82

JUDGMENT ORDER. FINAL JUDGMENT is hereby entered pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case has been marked closed. Signed by Judge Cathy Bissoon on 11/16/17. (rdl) (Entered: 11/16/2017)

Nov. 16, 2017 PACER
83

BILL OF COSTS by U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION in the amount of $1913.05 against Scott Medical Health Center, P.C.. (Kane, Deborah) (Entered: 11/20/2017)

Nov. 20, 2017 PACER
84

Letter from the Clerk of Court calling for objections to the Bill of Costs. Objections to Bill of Costs due by 1/2/2018. (plh) (Entered: 12/19/2017)

Dec. 18, 2017 PACER
85

Costs Taxed in amount of $1,913.05 against SCOTT MEDICAL HEALTH CENTER, P.C. in favor of U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ept) (Entered: 08/01/2018)

Aug. 1, 2018 PACER

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Key Dates

Filing Date: March 1, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

EEOC, on behalf of a gay male employee who experienced harassment in his workplace based on his sexual orientation

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Scott Medical Health Center (Pittsburgh, Allegheny), Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

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

Source of Relief:

Litigation

Amount Defendant Pays: $55,500.43

Order Duration: 2017 - 2022

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

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

Implement complaint/dispute resolution process

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Record-keeping

Records Disclosure

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Male

EEOC-centric:

Direct Suit on Merits