Case: Long v. Southeastern Pennsylvania Transportation Authority

2:16-cv-01991 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 27, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 27, 2016, an applicant for a bus driving position with the Southeastern Pennsylvania Transportation Authority (SEPTA) filed this class-action lawsuit in the Eastern District of Pennsylvania. The plaintiff, joined one month later by two other named plaintiffs, sued SEPTA under the federal Fair Credit Reporting Act (FCRA) and under Pennsylvania’s Criminal History Record Information Act (CHRIA). The plaintiffs were represented by private counsel and Philadelphia Lawyers for Social Equity,…

On April 27, 2016, an applicant for a bus driving position with the Southeastern Pennsylvania Transportation Authority (SEPTA) filed this class-action lawsuit in the Eastern District of Pennsylvania. The plaintiff, joined one month later by two other named plaintiffs, sued SEPTA under the federal Fair Credit Reporting Act (FCRA) and under Pennsylvania’s Criminal History Record Information Act (CHRIA). The plaintiffs were represented by private counsel and Philadelphia Lawyers for Social Equity, Lawyers Committee for Civil Rights Under Law, and the Public Interest Law Center. They sought injunctive relief enjoining SEPTA from unlawful activity in violation of FCRA and CHRIA, declaratory relief, and reasonable attorneys’ fees and expenses.

Specifically, the plaintiffs claimed SEPTA violated the FCRA by failing to provide clear and conspicuous disclosure of its use of consumer reports for background checks as part of the hiring process. They further claimed SEPTA violated CHRIA by denying the plaintiffs employment based upon unrelated criminal convictions.

The plaintiffs sought class certification for the following two classes:

- FCRA Disclosure Class: “All applicants for employment with SEPTA in the United States, within two years of the filing of this Complaint through the date of final judgment, about whom SEPTA procured a consumer report without providing a clear and conspicuous disclosure in writing, in a document that consisted solely of the disclosure, before procuring the consumer report, as required by 15 U.S.C. §1681b(b)(2)(A)(i).”

- CHRIA Job Denial Class: “All applicants for employment with SEPTA in the United State within two years of the filing of this Complaint through the date of final judgment who were denied SEPTA employment involving the operation and/or maintenance of SEPTA non-paratransit vehicles based in whole or in part on a drug-related conviction dating back more than seven (7) years from the decision on their application to SEPTA.”

However, the case was dismissed before either class could be certified.

On June 24, 2016, SEPTA filed a motion to dismiss, alleging lack of standing and failure to state a claim. SEPTA claimed the plaintiffs lacked standing with respect to the FCRA claims because the plaintiffs lacked concrete and particularized injury stemming from the alleged FCRA violations, failed to establish a link between the revocation of their offers of employment and the alleged FCRA violations, and didn’t allege that the consumer reports were at all inaccurate.

Judge Petrese B. Tucker granted SEPTA’s motion to dismiss for lack of standing on April 5, 2017. She found that the plaintiffs were able to allege a particularized harm, but not a concrete one as is required to establish standing under the FCRA per Spokeo. Having granted SEPTA’s motion to dismiss for lack of standing, Judge Tucker did not address the state CHRIA claims, nor SEPTA’s motion to dismiss for failure to state a claim.

The plaintiffs appealed Judge Tucker's order on April 18, 2017. The Third Circuit Court of Appeals heard arguments on December 12, 2017. Amici briefs were filed by Community Legal Services, the National Employment Law Project, Service Employees International Union Local 668, and the National Consumer Law Center.

On October 16, 2018, the Third Circuit Court of Appeals (Circuit Judges Fisher, Restrepo, and Chagares) affirmed the District Court’s dismissal of plaintiffs’ claim based on SEPTA’s failure to provide them with notice of their FCRA rights, and reversed the dismissal of plaintiffs’ claim based on SEPTA’s failure to provide them with copies of their consumer reports and remanded for further proceedings. 903 F.3d 312.

On August 6, 2019, the plaintiffs filed a second amended complaint to reflect this ruling and add an additional plaintiff. Judge Tucker ordered that the plaintiffs need to file a class certification motion and opening expert reports by July 31, 2020. The case is ongoing.

Summary Authors

Alexandra Gilewicz (1/17/2018)

Sichun Liu (1/19/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6079055/parties/long-v-southeastern-pennsylvania-transportation-authority/


Judge(s)

Chagares, Michael A. (New Jersey)

Fisher, D. Michael (Pennsylvania)

Restrepo, Luis Felipe (Pennsylvania)

Tucker, Petrese B. (Pennsylvania)

Attorneys(s) for Plaintiff

Bentley, Cheryl-Lyn (New York)

Brown, Jessica Ruszkiewicz (Pennsylvania)

Depalma, Claudia (Pennsylvania)

Geffen, Benjamin D. (Pennsylvania)

Greenbaum, Jon M. (District of Columbia)

Hancock, Ryan Allen (Pennsylvania)

Judge(s)

Chagares, Michael A. (New Jersey)

Fisher, D. Michael (Pennsylvania)

Restrepo, Luis Felipe (Pennsylvania)

Tucker, Petrese B. (Pennsylvania)

Attorneys(s) for Plaintiff

Bentley, Cheryl-Lyn (New York)

Brown, Jessica Ruszkiewicz (Pennsylvania)

Depalma, Claudia (Pennsylvania)

Geffen, Benjamin D. (Pennsylvania)

Greenbaum, Jon M. (District of Columbia)

Hancock, Ryan Allen (Pennsylvania)

Hardiman, Michael H. (Pennsylvania)

Kelley, Mateya (District of Columbia)

Kentz, Anna B. Will (Pennsylvania)

Klein, Adam T. (New York)

Lee, Michael (Pennsylvania)

McNerney, Christopher M. (New York)

Miazad, Ossai (New York)

Newsome, Danielle K. (Pennsylvania)

Rodriguez, Dariely (District of Columbia)

Steel, Lewis M (New York)

Attorneys(s) for Defendant

Cognetti, Michael A. (Pennsylvania)

Dougherty, Candidus K. (Pennsylvania)

Hope, Andrew (Pennsylvania)

Malloy, Elizabeth A. (Pennsylvania)

McCarron, Jeffrey B. (Pennsylvania)

Millman, Steven Daniel (Pennsylvania)

Southall, Samantha L. (Pennsylvania)

Documents in the Clearinghouse

Document

2:16-cv-01991

Docket [PACER]

Dec. 4, 2019

Dec. 4, 2019

Docket
1

2:16-cv-01991

Class Action Complaint

April 27, 2016

April 27, 2016

Complaint
21

2:16-cv-01991

First Amended Complaint

May 26, 2016

May 26, 2016

Complaint
25

2:16-cv-01991

Defendant Southeastern Pennsylvania Transportation Authority's Motion to Dismiss the First Amended Class Action Complaint

June 24, 2016

June 24, 2016

Pleading / Motion / Brief
52

2:16-cv-01991

Memorandum

April 5, 2017

April 5, 2017

Order/Opinion
55

2:16-cv-01991

Notice of Appeal in a Civil Case

April 18, 2017

April 18, 2017

Pleading / Motion / Brief
003113028847

2:16-cv-01991

17-01889

Judgment

U. S. Court of Appeals for the Third Circuit

903 F.3d 312

Sept. 10, 2018

Sept. 10, 2018

Order/Opinion
66

2:16-cv-01991

Second Amended Complaint

Aug. 6, 2019

Aug. 6, 2019

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6079055/long-v-southeastern-pennsylvania-transportation-authority/

Last updated Aug. 8, 2022, 3 a.m.

ECF Number Description Date Link Date / Link

Summons Issued

April 27, 2016

April 27, 2016

PACER

Summons Issued as to SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY. One Forwarded To: Counsel on April 27, 2016 (rt)

April 27, 2016

April 27, 2016

PACER

Jury Demand

April 27, 2016

April 27, 2016

PACER
1

COMPLAINT against SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ( Filing fee $ 400 receipt number 139385.), filed by FRANK LONG.(rt) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

RECAP

DEMAND for Trial by Jury by FRANK LONG. (rt)

April 27, 2016

April 27, 2016

PACER
2

AFFIDAVIT of Service by John D. Scanlon re: served Summons In A Civil Action, Class Action Complaint, and related documents listed in affidavit upon Sylvia Page (authorized agent) on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY by Personal Service on 5/4/2016, answer due 5/25/2016. (GEFFEN, BENJAMIN) Modified on 5/19/2016 (md). (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
3

NOTICE of Appearance by RYAN ALLEN HANCOCK on behalf of FRANK LONG with Certificate of Service(HANCOCK, RYAN) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
4

APPLICATION FOR PRO HAC VICE ADMISSION OF CHERYL-LYN BENTLEY, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by FRANK LONG. (PPE140628-$40) (rf, ) (Entered: 05/19/2016)

May 18, 2016

May 18, 2016

PACER
5

APPLICATION FOR PRO HAC VICE ADMISSION OF ADAM T. KLEIN, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by FRANK LONG. (PPE140628-$40) (rf, ) (Entered: 05/19/2016)

May 18, 2016

May 18, 2016

PACER
6

APPLICATION FOR PRO HAC VICE ADMISSION OF CHRISTOPHER M. MCNERNEY, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by FRANK LONG. (PPE140628-$40) (rf, ) (Entered: 05/19/2016)

May 18, 2016

May 18, 2016

PACER
7

APPLICATION FOR PRO HAC VICE ADMISSION OF LEWIS M. STEEL, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by FRANK LONG. (PPE140628-$40) (rf, ) (Entered: 05/19/2016)

May 18, 2016

May 18, 2016

PACER
8

APPLICATION FOR PRO HAC VICE ADMISSION OF OSSAI MIAZAD, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by FRANK LONG. (PPE140628-$40) (rf, ) Modified on 5/23/2016 (md). (Entered: 05/19/2016)

May 18, 2016

May 18, 2016

PACER
9

APPLICATION FOR PRO HAC VICE ADMISSION OF MATEYA BETH KELLEY, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by FRANK LONG. (PPE140662-$40)(rf, ) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
10

APPLICATION FOR PRO HAC VICE ADMISSION OF JON M. GREENBAUM, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by FRANK LONG. (PPE140662-$40) (rf, ) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
11

NOTICE of Appearance by DANIELLE K. NEWSOME on behalf of FRANK LONG with Jury Demand / Certificate of Service (Attachments: # 1 Certificate of Service)(NEWSOME, DANIELLE) (Entered: 05/19/2016)

1 Certificate of Service

View on PACER

May 19, 2016

May 19, 2016

PACER
12

STIPULATION AND ORDER THAT THE PARTIES STIPULATE THAT THE TIME FOR DEFENDANT TO ANSWER THE COMPLAINT IS EXTENDED FOR A PERIOD OF THIRTY DAYS UP TO AND INCLUDING 6/24/2016. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 5/20/16. 5/23/16 ENTERED AND COPIES E-MAILED.(gs) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
13

NOTICE of Appearance by ELIZABETH A. MALLOY on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY with Certificate of Service(MALLOY, ELIZABETH) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
14

NOTICE of Appearance by CANDIDUS K. DOUGHERTY on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY with Certificate of Service (Attachments: # 1 Certificate of Service)(DOUGHERTY, CANDIDUS) (Entered: 05/24/2016)

1 Certificate of Service

View on PACER

May 24, 2016

May 24, 2016

PACER
15

NOTICE of Withdrawal of Appearance by CANDIDUS K. DOUGHERTY on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (Attachments: # 1 Certificate of Service)(DOUGHERTY, CANDIDUS) (Entered: 05/24/2016)

1 Certificate of Service

View on PACER

May 24, 2016

May 24, 2016

PACER
16

NOTICE of Appearance by ANDREW HOPE on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY with Certificate of Service(HOPE, ANDREW) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
17

NOTICE of Appearance by SAMANTHA L. SOUTHALL on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY with Certificate of Service(SOUTHALL, SAMANTHA) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
18

NOTICE of Appearance by JEFFREY B. MCCARRON on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (Attachments: # 1 Certificate of Service of Entry of Appearance)(MCCARRON, JEFFREY) (Entered: 05/24/2016)

1 Certificate of Service of Entry of Appearance

View on PACER

May 24, 2016

May 24, 2016

PACER
19

NOTICE of Appearance by CANDIDUS K. DOUGHERTY on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (Attachments: # 1 Certificate of Service)(DOUGHERTY, CANDIDUS) (Entered: 05/24/2016)

1 Certificate of Service

View on PACER

May 24, 2016

May 24, 2016

PACER
20

NOTICE of Appearance by MICHAEL A. COGNETTI on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (Attachments: # 1 Certificate of Service)(COGNETTI, MICHAEL) (Entered: 05/24/2016)

1 Certificate of Service

View on PACER

May 24, 2016

May 24, 2016

PACER
21

FIRST AMENDED COMPLAINT against SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY filed by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE, JURY TRIAL DEMAND(rf, ) Modified on 6/2/2016 (rf, ). (Entered: 05/27/2016)

May 26, 2016

May 26, 2016

RECAP
22

NOTICE of Appearance by MICHAEL HARDIMAN on behalf of FRANK LONG, CERTIFICATE OF SERVICE. (rf, ) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
23

ORDER THAT CHERYL-LYN BENTLEY, ADAM T. KLEIN, CHRISTOPHER M. MCNERNEY, LEWIS M. STEEL, OSSAI MIAZAD, MATEYA BETH KELLY AND JON M. GREENBAUM ARE ADMITTED PRO HAC VICE TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FOR THE PENDENCY OF THIS MATTER. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 6/1/16. 6/2/16 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
24

STIPULATION AND ORDER THAT DEFENDANT HEREBY CONSENTS TO THE FILING OF THE FIRST AMENDED CLASS ACTION COMPLAINT (DOC. 21). TIME FOR DEFENDANT TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE FIRST AMENDED CLASS ACTION COMPLAINT IS 6/24/16. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 6/20/16. 6/20/16 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
25

MOTION to Dismiss for Lack of Standing and Failure to State a Claim filed by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.Memorandum. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law, # 3 Exhibit s A and B, # 4 Certificate of Service)(SOUTHALL, SAMANTHA) (Entered: 06/24/2016)

1 Text of Proposed Order

View on PACER

2 Memorandum of Law

View on PACER

3 Exhibit s A and B

View on PACER

4 Certificate of Service

View on PACER

June 24, 2016

June 24, 2016

PACER
26

STIPULATION AND ORDER BY AND BETWEEN COUNSEL THAT THE TIME FOR PLAINTIFFS TO RESPOND TO DEFENDANT'S MOTION TO DISMISS FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM IS 7/22/2016. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 7/6/16. 7/6/16 ENTERED AND COPIES E-MAILED.(gs) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
27

Memorandum of Law in Opposition re 25 MOTION to Dismiss for Lack of Standing and Failure to State a Claim filed by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE. Certificate of Service. (Attachments: # 1 Exhibit A)(MIAZAD, OSSAI) Modified on 7/26/2016 (tjd). (Entered: 07/22/2016)

1 Exhibit A

View on PACER

July 22, 2016

July 22, 2016

PACER
28

MOTION for Leave to File Reply to Plaintiffs' Opposition to Defendants's Motion to Dismiss Plaintiffs' First Amended Class Action Complaint filed by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.Memorandum and Certificate of Service. (Attachments: # 1 Text of Proposed Order)(SOUTHALL, SAMANTHA) (Entered: 07/28/2016)

1 Text of Proposed Order

View on PACER

July 28, 2016

July 28, 2016

PACER
29

RESPONSE to Motion re 28 MOTION for Leave to File Reply to Plaintiffs' Opposition to Defendants's Motion to Dismiss Plaintiffs' First Amended Class Action Complaint filed by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE. (MIAZAD, OSSAI) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

RECAP
30

ORDER THAT PLAINTIFFS MOTION FOR LEAVE TO FILE A REPLY (DOC. 28) IS GRANTED. PLAINTIFFS SHALL FILE THEIR REPLY BRIEF WITHIN 10 DAYS OF THE DATE OF THIS ORDER. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 8/1/16. 8/2/16 ENTERED AND COPIES EMAILED.(rf, ) (Main Document 30 replaced on 8/2/2016) (rf, ). *ORDER IS VACATED PER COURT ORDER OF 8/3/16, DOC. 31* (Entered: 08/02/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
31

ORDER THAT COURTS ORDER DATED 8/1/16 IS VACATED. FURTHER ORDERED THAT UPON CONSIDERATION OF DEFENDANTS MOTION FOR LEAVE TO FILE A REPLY (DOC. 28) AND PLAINTIFFS RESPONSE (DOC. 29), DEFENDANTS MOTION IS GRANTED. DEFENDANT SHALL FILE ITS REPLY BRIEF WITHIN 10 DAYS OF THE DATE OF THIS ORDER. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 8/3/16. 8/3/16 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
32

NOTICE by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE re 25 MOTION to Dismiss for Lack of Standing and Failure to State a Claim Plaintiffs' Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(MIAZAD, OSSAI) (Entered: 08/04/2016)

1 Exhibit A

View on RECAP

Aug. 4, 2016

Aug. 4, 2016

RECAP
33

Memorandum re 25 MOTION to Dismiss for Lack of Standing and Failure to State a Claim Reply Memoradum in Further Support of Motion to Dismiss filed by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY. (SOUTHALL, SAMANTHA) (FILED IN ERROR BY ATTY; ATTY HAS RE-FILED AT PAPER 34 ) Modified on 8/17/2016 (md). (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
34

REPLY to Response to Motion re 25 MOTION to Dismiss for Lack of Standing and Failure to State a Claim filed by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY. (SOUTHALL, SAMANTHA) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
35

ORDER THAT MOTION HEARING SET FOR 9/27/2016 10:00 AM. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 8/24/16. 8/25/16 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 08/25/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
36

NOTICE of Change of Address by CHERYL-LYN BENTLEY(BENTLEY, CHERYL-LYN) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
37

NOTICE of Change of Address by CHRISTOPHER M MCNERNEY(MCNERNEY, CHRISTOPHER) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
38

NOTICE of Change of Address by OSSAI MIAZAD(MIAZAD, OSSAI) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
39

ORDER THAT UPON CONSIDERATION OF THE JOINT REQUEST TO CHANGE THE DATE OF ORAL ARGUMENT, FAXED TO THE COURT ON 8/30/16, IT IS ORDERED THAT ORAL ARGUMENT SHALL BE RE-SCHEDULED FOR 10/12/2016 AT 10:00 AM IN COURTROOM 16A. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 9/7/16. 9/8/16 ENTERED AND COPIES E-MAILED.(gs) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

PACER
40

NOTICE of Change of Address by LEWIS M STEEL(STEEL, LEWIS) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
41

NOTICE of Change of Address by ADAM T. KLEIN(KLEIN, ADAM) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
42

NOTICE by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE re 25 MOTION to Dismiss for Lack of Standing and Failure to State a Claim Plaintiffs' Notice of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MIAZAD, OSSAI) (Entered: 10/04/2016)

1 Exhibit A

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2 Exhibit B

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Oct. 4, 2016

Oct. 4, 2016

PACER
43

NOTICE by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY re 25 MOTION to Dismiss for Lack of Standing and Failure to State a Claim (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(SOUTHALL, SAMANTHA) (Entered: 10/06/2016)

1 Exhibit 1

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2 Exhibit 2

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Oct. 6, 2016

Oct. 6, 2016

PACER
44

NOTICE by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE re 43 Notice (Other) Plaintiffs' Response to Defendant's Notice of Supplemental Authority (MIAZAD, OSSAI) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
45

NOTICE by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE re 25 MOTION to Dismiss for Lack of Standing and Failure to State a Claim Plaintiffs' Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(MIAZAD, OSSAI) (Entered: 10/12/2016)

1 Exhibit A

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Oct. 12, 2016

Oct. 12, 2016

PACER
46

Minute Entry for proceedings held before CHIEF JUDGE PETRESE B. TUCKER Motion Hearing held on 10/12/16 re 25 MOTION to Dismiss for Lack of Standing and Failure to State a Claim filed by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY Court Reporter: L. MCCLOSKEY. (rf, ) (Entered: 10/13/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
47

TRANSCRIPT of Oral Argument Proceedings held on 10/12/16 before Judge TUCKER. Court Reporter: L. MCCLOSKEY.. (rf, ) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
48

NOTICE by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE re 25 MOTION to Dismiss for Lack of Standing and Failure to State a Claim Plaintiffs' Notice of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MIAZAD, OSSAI) (Entered: 01/25/2017)

1 Exhibit A

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2 Exhibit B

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Jan. 25, 2017

Jan. 25, 2017

PACER
49

NOTICE by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY re 48 Notice (Other), Defendant's Response to Plaintiffs' Notice of Supplemental Authority (COGNETTI, MICHAEL) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
50

NOTICE by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY re 25 MOTION to Dismiss for Lack of Standing and Failure to State a Claim Defendant's Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(COGNETTI, MICHAEL) (Entered: 02/07/2017)

1 Exhibit A

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Feb. 7, 2017

Feb. 7, 2017

PACER
51

Plaintiffs' Response to Defendant's February 7, 2017 Notice of Supplemental Authority by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE re 50 Notice (Other). (MIAZAD, OSSAI) Modified on 2/13/2017 (fb). (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
52

MEMORANDUM AND/OR OPINION. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 4/5/17. 4/5/17 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

RECAP
53

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 25) IS GRANTED. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 4/5/17. 4/5/17 ENTERED AND COPIES EMAILED. (rf) (Entered: 04/07/2017)

April 5, 2017

April 5, 2017

RECAP
54

ORDER THAT THE CLERK OF COURT SHALL MARK THE ABOVE CAPTIONED MATTER CLOSED FOR STATISTICAL PURPOSES. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 4/18/17. 4/18/17 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
55

NOTICE OF APPEAL as to 52 Memorandum and/or Opinion, 53 Order (Memorandum and/or Opinion) by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE, Certificate of Service. Filing fee $ 505, receipt number 0313-12009736. Copies to Judge, Clerk USCA, Appeals Clerk. (MIAZAD, OSSAI) Modified on 4/18/2017 (md). (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
56

NOTICE of Docketing Record on Appeal from USCA re 55 Notice of Appeal (Credit Card Payment), filed by FRANK LONG, MICHAEL WHITE, JOSEPH SHIPLEY. USCA Case Number 17-1889 (rf, ) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
57

ORDERED and ADJUDGED that the order of the District Court entered April 7, 2017, be and the same is hereby AFFIRMED as to the dismissal of Plaintiffs claim based on SEPTAs failure to provide them with notice of their FCRA rights as required by 15 U.S.C. ยง 1681b(b)(3)(A)(ii). REVERSED as to the dismissal of Plaintiffs claim based on SEPTAs failure to provide them with copies of their consumer reports as required by 15 U.S.C. ยง 1681b(b)(3)(A)(i), and REMANDED for further proceedings. All of the above in accordance with the opinion of this Court. Costs shall not be taxed. (rf, ) (Entered: 10/17/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
58

ORDER THAT TELEPHONE STATUS CONFERENCE SET FOR 12/10/2018 11:00 AM, ETC. SIGNED BY HONORABLE PETRESE B. TUCKER ON 11/7/18. 11/8/18 ENTERED AND COPIES E-MAILED.(rf, ) (Entered: 11/08/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
59

ORDER THAT ON OR BEFORE 12/28/18 THE PARTIES SHALL PROVIDE STATUS UPDATES IN WRITING TO THE COURT. THE LETTERS SHALL BE FAXED TO CHAMBERS AT 267-299-5072. SIGNED BY HONORABLE PETRESE B. TUCKER ON 12/17/18. 12/18/18 ENTERED AND COPIES E-MAILED.(rf, ) (Entered: 12/18/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
60

MOTION for Leave to File a Second Amended Class Action Complaint filed by FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE.Memorandum, Declaration. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Ossai Miazad, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(MIAZAD, OSSAI) (Entered: 07/18/2019)

1 Memorandum of Law

View on PACER

2 Declaration of Ossai Miazad

View on PACER

3 Exhibit A

View on PACER

4 Exhibit B

View on PACER

5 Exhibit C

View on PACER

July 18, 2019

July 18, 2019

PACER
61

NOTICE of Appearance by ANNA B. WILL KENTZ on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY with Certificate of Service(WILL KENTZ, ANNA) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
62

NOTICE of Withdrawal of Appearance by SAMANTHA L. SOUTHALL on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY(SOUTHALL, SAMANTHA) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
63

NOTICE of Withdrawal of Appearance by ANDREW HOPE on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY(HOPE, ANDREW) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
64

NOTICE of Appearance by JESSICA RUSZKIEWICZ BROWN on behalf of FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE, with Certificate of Service.(BROWN, JESSICA) Modified on 8/1/2019 (md). (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
65

NOTICE of Withdrawal of Appearance by RYAN ALLEN HANCOCK on behalf of FRANK LONG. (FILED IN ERROR; ATTORNEY WITHDRAWING APPEARANCE MUST ELECTRONICALLY FILE ON OWN BEHALF). (HANCOCK, RYAN) Modified on 7/30/2019 (fb). (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
66

Second Amended Complaint against SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY filed by FRANK LONG, MICHAEL WHITE and JOSEPH SHIPLEY.(mbh, ) (Entered: 08/07/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
67

NOTICE of Appearance by CLAUDIA DEPALMA on behalf of FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE with Certificate of Service(DEPALMA, CLAUDIA) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

PACER
68

ORDER THAT THE PARTIES' STIPULATION IS GRANTED AND PLAINTIFFS' MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT (DOC. NO. 60 ) IS WITHDRAWN. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/13/2019.8/14/2019 ENTERED AND COPIES E-MAILED.(amas) (Entered: 08/14/2019)

Aug. 13, 2019

Aug. 13, 2019

PACER
69

ANSWER to 66 Amended Complaint by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.(WILL KENTZ, ANNA) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
70

NOTICE of Hearing: Rule 16 SCHEDULING CONFERENCE SET FOR 10/23/2019 11:00 AM BEFORE HONORABLE PETRESE B. TUCKER.(adr) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
71

NOTICE of Withdrawal of Appearance by CHERYL-LYN BENTLEY on behalf of FRANK LONG, JOSEPH SHIPLEY, MICHAEL WHITE (BENTLEY, CHERYL-LYN) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
72

NOTICE of Appearance by STEVEN DANIEL MILLMAN on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY with Certificate of Service(MILLMAN, STEVEN) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
73

STIPULATION AND ORDER THAT PLAINTIFFS MOTION FOR RULE 23 CLASS CERTIFICATION AND OPENING EXPERT REPORT(S) DUE 7/31/20. ALL OTHER SCHEDULING ORDER DEADLINES OUTLINED HEREIN. SIGNED BY HONORABLE PETRESE B. TUCKER ON 10/28/19. 10/28/19 ENTERED AND COPIES E-MAILED.(rf, ) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
74

Minute Entry for proceedings held before HONORABLE PETRESE B. TUCKER Pretrial Conference held on 10/23/19. (rf, ) (Entered: 10/30/2019)

Oct. 29, 2019

Oct. 29, 2019

PACER
75

DISCOVERY CONFIDENTIALITY ORDER. SIGNED BY HONORABLE PETRESE B. TUCKER ON 12/2/19. 12/4/19 ENTERED AND COPIES E-MAILED.(rf, ) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
76

Motion to Compel

1 Memorandum of Law In Support

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2 Declaration of Christopher M. McNerney

View on PACER

3 Exhibit A - Proposed Order

View on PACER

4 Certificate of Service

View on PACER

Feb. 27, 2020

Feb. 27, 2020

PACER
77

Notice of Withdrawal of Appearance

1 Certificate of Service Certificate of Service

View on PACER

Feb. 27, 2020

Feb. 27, 2020

PACER
78

Notice of Withdrawal of Appearance

1 Certificate of Service Certificate of Service

View on PACER

Feb. 27, 2020

Feb. 27, 2020

PACER
79

Notice of Withdrawal of Appearance

1 Certificate of Service

View on PACER

Feb. 28, 2020

Feb. 28, 2020

PACER
80

Motion for Pro Hac Vice

March 12, 2020

March 12, 2020

PACER
81

Response in Opposition to Motion

March 12, 2020

March 12, 2020

PACER
82

Motion for Leave to File

1 Exhibit A - Proposed Order

View on PACER

March 16, 2020

March 16, 2020

PACER
83

Memorandum

1 Exhibit A - Plaintiffs' Reply Memorandum of Law in Support of Motion to Com

View on PACER

March 16, 2020

March 16, 2020

PACER
84

Order

June 8, 2020

June 8, 2020

PACER
85

Order

Nov. 19, 2020

Nov. 19, 2020

PACER
86

Order

Dec. 11, 2020

Dec. 11, 2020

PACER
87

Motion for Approval

1 Memorandum of Law in Support

View on PACER

2 Declaration of Ossai Miazad

View on PACER

3 Exhibit A

View on PACER

4 Exhibit B

View on PACER

5 Exhibit C

View on PACER

6 Exhibit D

View on PACER

7 Exhibit E

View on PACER

8 Exhibit F

View on PACER

9 Exhibit G

View on PACER

Jan. 15, 2021

Jan. 15, 2021

RECAP
88

1 - Terminate Deadlines and Hearings AND Order

June 2, 2021

June 2, 2021

PACER
89

Stipulation (Regarding Certain Facts)

June 21, 2021

June 21, 2021

PACER
90

1 - Terminate Deadlines and Hearings AND ~Util - Set Hearings AND Order

June 30, 2021

June 30, 2021

PACER
91

Approval

Sept. 23, 2021

Sept. 23, 2021

PACER
92

Approval

Sept. 23, 2021

Sept. 23, 2021

PACER
93

Attorney Fees

Sept. 23, 2021

Sept. 23, 2021

PACER
94

Notice of Withdrawal of Appearance

Sept. 27, 2021

Sept. 27, 2021

PACER
95

Notice of Appearance

Sept. 27, 2021

Sept. 27, 2021

PACER
96

Declaration

Oct. 5, 2021

Oct. 5, 2021

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 27, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs were three individuals who applied and interviewed for positions with the Southeastern Pennsylvania Transportation Authority (SEPTA), and who were denied employment after a background check that revealed drug-related convictions.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Law Center (PILCOP)

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Southeastern Pennsylvania Transportation Authority (Philadelphia), None

Defendant Type(s):

Transportation

Case Details

Causes of Action:

State law

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None yet

Issues

General:

Records Disclosure

Discrimination-area:

Hiring