Case: Equal Employment Opportunity Commission v. Novartis Pharmaceuticals Corporation

2:05-cv-00404 | U.S. District Court for the Western District of Pennsylvania

Filed Date: March 24, 2005

Closed Date: 2008

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Case Summary

On March 24, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Novartis Pharmaceuticals Corporation in the U.S. District Court for the Western District of Pennsylvania. Judge Terrence McVerry was assigned to this case. The EEOC alleged that the defendant-company discriminated against a female employee on the basis of sex and in retaliation for reporting the discrimination, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the Commission…

The EEOC alleged that the defendant-company discriminated against a female employee on the basis of sex and in retaliation for reporting the discrimination, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the Commission alleged that the employee was sexually harassed by a superior, and after complaining to the Human Resources department, the superior retaliated against her by denying her the ability to be promoted and receive salary increases, excluding her from group emails and voicemails, and making her feel isolated and unwelcome in the office.

On April 11, 2005, the party who was the subject of the alleged discrimination motioned to intervene. The Court granted her motion on April 22.

The plaintiffs sought several forms of relief. The EEOC requested a permanent injunction barring defendant from retaliating against employees who complain about unlawful discrimination. It also requested that the Court require defendant to institute practices and programs that create equal employment opportunities for women and to make the affected female employee whole, by paying her damages related to losses she suffered as a result of the discrimination and retaliation (back pay, front pay, compensatory damages, medical expenses), as well as punitive damages. It also sought attorneys' fees.

On April 6, 2006, the defendant moved for dismissal for lack of subject matter jurisdiction, asserting that because the affected employee settled her claims against the company through a confidential monetary settlement and ended pursuing litigation in this matter. The defendant argued that since the complaint filed by the EEOC did not challenge a policy or practice or allege discrimination against any other employee, the Court did not have the required subject matter jurisdiction.

The Court denied the defendant's request on August 8. Although this was an issue of first impression in the circuit, the Court adopted the reasoning in a similar case out of the Eastern District of New York: Equal Employment Opportunity Commission v. Bay Ridge Toyota, Inc., 327 F. Supp. 2d 167 (E.D. N.Y. 2004). In that case, Judge Glasser concluded that the employer’s private settlement of the employee’s sexual harassment claim did not bar the EEOC from bringing an action based on the discrimination alleged by the employee. Glasser concluded that the EEOC could still pursue injunctive relief even where the employee had entered into a settlement with the employer, because of the EEOC’s unique role in vindicating the public interest. Consequent to Glasser's opinion in Bay Ridge Toyota, the Court held that the EEOC's claim that sought damages for the affected individual employee (i.e., victim-specific relief) was barred, but that the EEOC could maintain its request for injunctive relief.

Soon after the Court denied defendant's motion to dismiss based on lack of subject matter jurisdiction, defendant appealed to the Court of Appeals for the Third Circuit to overturn the Court's order denying its dismissal. Defendant's appeal was denied on November 3, 2006, by Circuit Judges Dolores Sloviter, Richard L. Nygaard, and Michael A. Chagares, without stated reasoning.

On January 8, 2007, defendant moved for summary judgment. In support of its motion, Novartis advanced two arguments: first, it contended that because the EEOC now sought only injunctive relief, the Court had to dismiss the claim because the EEOC could not obtain injunctive relief as a matter of law; and second, it argued that no genuine issue of material fact existed as to whether its actions violated federal law, thereby defeating any possibility of injunctive relief as a matter of law.

The Court denied defendant's motion for summary judgement on September 28, disagreeing with both of Novartis' arguments.

A bench trial was held on February 4, 2008.

On October 15, 2008, the Court issued its ruling and judgment in the case. The Court found and ruled in favor of the defendant. The Court found that the EEOC failed to present any credible evidence to show that Novartis took any retaliatory “adverse action” against affected employee because she engaged in protected activity, i.e., complaining to Human Resources. Accordingly, the Court entered judgment in favor of Novartis. The Court stated that even had the EEOC presented that evidence, Novartis articulated legitimate, non-retaliatory reasons for taking certain adverse actions against the affected employee, that were not pre-textual for unlawful retaliation against the employee.

On January 13, 2009, the Court ordered that the EEOC pay defendant $3,863.60 in costs taxed.

The case is now closed.

Summary Authors

Kevin Wilemon (5/30/2008)

Michael Beech (3/10/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4791594/parties/equal-employment-opp-v-novartis-pharmaceuti/

Judge(s)

Attorney for Plaintiff

Clickner, M. Jean (Pennsylvania)

Attorney for Defendant

Flynn-Kozara, Abigail D. (Pennsylvania)

Lazala, Virginia (New Jersey)

Expert/Monitor/Master/Other

Fawcett, Kristen T. (Pennsylvania)

Griffith, Mark A. (Pennsylvania)

Judge(s)

McVerry, Terrence F. (Pennsylvania)

Attorney for Plaintiff

Clickner, M. Jean (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Smith, Rachel M (Pennsylvania)

Attorney for Defendant

Flynn-Kozara, Abigail D. (Pennsylvania)

Lazala, Virginia (New Jersey)

Munsch, Martha Hartle (Pennsylvania)

Watterson, Kim M. (Pennsylvania)

Other

Fawcett, Kristen T. (Pennsylvania)

Griffith, Mark A. (Pennsylvania)

Nychis, Peter G. (Pennsylvania)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:05-cv-00404	Docket [PACER]	Jan. 21, 2009	Jan. 21, 2009 Docket
1 2:05-cv-00404	Complaint U.S. District Court for the Middle District of Pennsylvania	March 24, 2005	March 24, 2005 Complaint
9 2:05-cv-00404	Intervenor's Complaint	May 6, 2005	May 6, 2005 Complaint
41 2:05-cv-00404	Memorandum Opinion and Order of the Court EEOC v. Atlantis Golf Club, Inc.	Aug. 8, 2006	Aug. 8, 2006 Order/Opinion 2006 WL 2290410
48-1 06-08053	Appellate Decision EEOC v. Atlantis Golf Club, Inc. U.S. Court of Appeals for the Third Circuit	Nov. 3, 2006	Nov. 3, 2006 Order/Opinion
62 2:05-cv-00404	Memorandum Opinion and Order of the Court EEOC v. Atlantis Golf Club, Inc.	Sept. 28, 2007	Sept. 28, 2007 Order/Opinion 2007 WL 2905892
106 2:05-cv-00404	Findings of Fact and Conclusions of the Law and Order of Court	Oct. 15, 2008	Oct. 15, 2008 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4791594/equal-employment-opp-v-novartis-pharmaceuti/

Last updated June 1, 2026, 6:46 p.m.

Docket for: EQUAL EMPLOYMENT OPP v. NOVARTIS PHARMACEUTI

ECF Number	Date	Description	Link
1	March 24, 2005	COMPLAINT with summons issued; jury demand (ces) (key, ). (Entered: 03/24/2005)	RECAP
2	April 11, 2005	MOTION by BETHANY L. BRANDSTATTER to Intervene with Proposed Order. (ces) (key, ). (Entered: 04/11/2005)	RECAP
3	April 12, 2005	ORDER, Response to Motion set to 4/25/05 for 2 motion to Intervene ( signed by Judge Terrence F. McVerry on 4/12/05 ) CM all parties of record. (ces) (key, ). (Entered: 04/12/2005)	RECAP
4	April 14, 2005	NOTICE of Attorney Appearance for NOVARTIS PHARMACEUTI by Martha Hartle Munsch (ces) (key, ). (Entered: 04/14/2005)	RECAP
6	April 20, 2005	Stipulation by EQUAL EMPLOYMENT OPP, NOVARTIS PHARMACEUTI Extending Time to 5/25/05 for deft to answer complaint with proposed order. (ces) (key, ). (Entered: 04/21/2005)	RECAP
	April 20, 2005	Deadline updated; reset Answer deadline to 5/25/05 for NOVARTIS PHARMACEUTI (ces) (Entered: 04/21/2005)	PACER
	April 20, 2005	Deadline updated; reset Answer deadline to 5/25/05 for NOVARTIS PHARMACEUTI (ces)
5	April 21, 2005	RESPONSE by EQUAL EMPLOYMENT OPP to 2 motion to Intervene by BETHANY L. BRANDSTATTER (ces) (key, ). (Entered: 04/21/2005)	RECAP
7	April 22, 2005	RESPONSE by NOVARTIS PHARMACEUTI to 2 motion to Intervene by BETHANY L. BRANDSTATTER (jsp) (key, ). (Entered: 04/22/2005)	RECAP
	April 22, 2005	ORDER upon stipulation granting 6 stipulation Extending Time to answer ; reset Answer deadline to 5/25/05 for NOVARTIS. ( signed by Judge Terrence F. McVerry on 4/22/05 ) CM all parties of record. (tt) Modified on 12/29/2009. (jv) (Entered: 04/25/2005)	PACER
	April 22, 2005	ORDER upon motion granting 2 motion to Intervene and the movant is instructed to file her complaint by 5/6/05 and properly serve the parties. ( signed by Judge Terrence F. McVerry on 4/22/05 ) CM all parties of record. (ksa) (Entered: 04/25/2005)	PACER
	April 22, 2005	ORDER upon stipulation granting 6 stipulation Extending Time to answer ; reset Answer deadline to 5/25/05 for NOVARTIS. ( signed by Judge Terrence F. McVerry on 4/22/05 ) CM all parties of record. (tt) Modified on 12/29/2009. (jv)
	April 22, 2005	ORDER upon motion granting 2 motion to Intervene and the movant is instructed to file her complaint by 5/6/05 and properly serve the parties. ( signed by Judge Terrence F. McVerry on 4/22/05 ) CM all parties of record. (ksa)
8	April 29, 2005	RETURN OF SERVICE executed as to NOVARTIS PHARMACEUTI 4/6/05 Answer due on 4/26/05 for NOVARTIS PHARMACEUTI (ces) (key, ). (Entered: 04/29/2005)	RECAP
9	May 6, 2005	Intervenor's COMPLAINT by BETHANY L. BRANDSTATTER against NOVARTIS PHARMACEUTI (ces) (key, ). (Entered: 05/09/2005)	RECAP
10	May 25, 2005	ANSWER to Complaint by NOVARTIS PHARMACEUTI (Attorneys Abigail D. Flynn-Kozara and Virginia Lazala) (ces) (key, ). (Entered: 05/25/2005)	RECAP
11	May 25, 2005	WAIVER OF SERVICE Returned Executed as to NOVARTIS PHARMACEUTI on 5/6/05 Answer due on 7/5/05 for NOVARTIS PHARMACEUTI (ces) (key, ). (Entered: 05/25/2005)	RECAP
12	July 5, 2005	Defendant's ANSWER to Complaint of Intervenor by NOVARTIS PHARMACEUTICALS CORPORATION.(Munsch, Martha) (Entered: 07/05/2005)	RECAP
13	July 11, 2005	SCHEDULING ORDER/INITIAL CASE MANAGEMENT CONFERENCE set for 7/22/2005 11:30 AM in Courtroom 6C before Terrence F. McVerry.Signed by Judge Terrence F. McVerry on 7/11/2005. (Attachments: # 1 Exhibit Proposed Case Management Order)(kll) (Entered: 07/11/2005)	RECAP
	July 12, 2005	TEXT NOTICE of Hearing: Case Management reset from 7/22/2005 11:30 to 8/5/2005 08:30 AM in Courtroom 6C before Terrence F. McVerry. (Per telephone request of Pltf's counsel with consent from dft's counsel) Text only entry; no PDF document will issue.(kll) (Entered: 07/12/2005)	PACER
	July 12, 2005	TEXT NOTICE of Hearing: Case Management reset from 7/22/2005 11:30 to 8/5/2005 08:30 AM in Courtroom 6C before Terrence F. McVerry. (Per telephone request of Pltf's counsel with consent from dft's counsel) Text only entry; no PDF document will issue.(kll)
16	July 28, 2005	NOTICE of Change of Address by Mark A. Griffith to read Griffith, McCague & Wallace, Gulf Tower, 38th Floor, 707 Grant St., Pgh., PA 15219 (412) 803-3690 (ces, ) (Entered: 08/09/2005)	RECAP
15	Aug. 5, 2005	NOTICE of Appearance by Peter G. Nychis on behalf of BETHANY L. BRANDSTATTER (ces, ) (Entered: 08/08/2005)	RECAP
	Aug. 5, 2005	Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Case Management Conference held on 8/5/2005. Text only entry; no PDF document will issue. (Court Reporter none.) (kll) (Entered: 08/08/2005)	PACER
	Aug. 5, 2005	Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Case Management Conference held on 8/5/2005. Text only entry; no PDF document will issue. (Court Reporter none.) (kll)
14	Aug. 8, 2005	ORDER STAYING CASE, Case stayed for thirty days. Counsel shall report their progress to the Court on or before the expiration of said thirty days.Signed by Judge Terrence F. McVerry on 8/8/2005. (kll) (Entered: 08/08/2005)	RECAP
17	Sept. 8, 2005	STIPULATION of Counsel for all parties, filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order)(Munsch, Martha) (Entered: 09/08/2005)	RECAP
18	Sept. 13, 2005	ORDER re 17 Stipulation filed by NOVARTIS PHARMACEUTICALS CORPORATION, counsel shall report their progress to the Court on or before October 31, 2005.Signed by Judge Terrence F. McVerry on 9/13/2005. (kll) (Entered: 09/13/2005)	RECAP
	Oct. 14, 2005	TEXT NOTICE of Hearing: Settlement Conference set for 11/21/2005 09:00 AM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue.(kll) (Entered: 10/14/2005)	PACER
	Oct. 14, 2005	TEXT NOTICE of Hearing: Settlement Conference set for 11/21/2005 09:00 AM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue.(kll)
19	Oct. 17, 2005	SETTLEMENT CONFERENCE ORDER re Notice of Hearing. ?No later than November 15, 2005, each party shall submit a confidential settlement statement to the judge. The settlement statement shall not become part of the file of the case, but shall be for the exclusive use of the judge in preparing for and conducting the settlement conference. Signed by Judge Terrence F. McVerry on 10/17/2005. (kll) (Entered: 10/17/2005)	RECAP
20	Nov. 21, 2005	CASE MANAGEMENT/SCHEDULING ORDER: Exchange of required Rule 26(a)(1) information due by 12/5/2005. Amended Pleadings due by 2/17/2006. Joinder of Parties due by 12/21/2005. Discovery due by 3/21/2006. Post Discovery Status Conference set for 3/24/2006 08:30 AM in Courtroom 6C before Terrence F. McVerry.Signed by Judge Terrence F. McVerry on 11/21/2005. (kll) (Entered: 11/21/2005)	RECAP
	Nov. 21, 2005	Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Settlement Conference held on 11/21/2005. Order will follow. Text only entry; no PDF document will issue. (Court Reporter None.) (kll) (Entered: 11/21/2005)	PACER
	Nov. 21, 2005	Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Settlement Conference held on 11/21/2005. Order will follow. Text only entry; no PDF document will issue. (Court Reporter None.) (kll)
21	Dec. 29, 2005	NOTICE by NOVARTIS PHARMACEUTICALS CORPORATION of Withdrawal of Appearance of Attorney Lazala (Munsch, Martha) (Entered: 12/29/2005)	RECAP
22	Jan. 11, 2006	STIPULATION And Protective Order by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, NOVARTIS PHARMACEUTICALS CORPORATION, BETHANY L. BRANDSTATTER. (Munsch, Martha) (Entered: 01/11/2006)	RECAP
23	Jan. 12, 2006	ORDER granting 22 Stipulation filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, NOVARTIS PHARMACEUTICALS CORPORATION, BETHANY L. BRANDSTATTER . Signed by Judge Terrence F. McVerry on 1/12/2006. (kll) (Entered: 01/12/2006)	RECAP
	Jan. 31, 2006	TEXT NOTICE of Hearing: Settlement Conference set for 2/1/2006 09:00 AM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter.(kll)
	Feb. 1, 2006	Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Settlement Conference held on 2/1/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (Court Reporter None.) (kll) (Entered: 02/01/2006)	PACER
	Feb. 1, 2006	Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Settlement Conference held on 2/1/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (Court Reporter None.) (kll)
24	Feb. 13, 2006	MOTION to Dismiss Intervenor's Complaint filed by Intervenor Bethany L. Brandstatter and by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order)(Munsch, Martha) (Entered: 02/13/2006)	RECAP
25	Feb. 14, 2006	ORDER granting 24 Motion to Dismiss . Bethany L. Brandstatter's claims in this case are dismissed with prejudice. Signed by Judge Terrence F. McVerry on 2/14/2006. (kll) (Entered: 02/14/2006)	RECAP
26	March 16, 2006	MOTION for Extension of Time to Complete Discovery by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order Proposed order)(Clickner, M.) (Entered: 03/16/2006)	RECAP
27	March 20, 2006	AMENDED CASE MANAGEMENT/SCHEDULING ORDER granting 26 Motion for Extension of Time to Complete Discovery: Amended Pleadings due by 6/21/2006. Discovery due by 7/21/2006. Post Discovery Status Conference set for 7/28/2006 09:30 AM in Courtroom 6C before Terrence F. McVerry. Signed by Judge Terrence F. McVerry on 3/20/2006. (kll) (Entered: 03/20/2006)	RECAP
28	April 6, 2006	MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order)(Munsch, Martha) (Entered: 04/06/2006)	RECAP
29	April 6, 2006	BRIEF in Support re 28 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Munsch, Martha) (Entered: 04/06/2006)	RECAP
30	April 6, 2006	AFFIDAVIT re 28 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) by NOVARTIS PHARMACEUTICALS CORPORATION. (Munsch, Martha) (Entered: 04/06/2006)	RECAP
31	April 7, 2006	ORDER Response/Briefing Schedule re 28 Motion to Dismiss/Lack of Jurisdiction. Plaintiff's Response and brief to Motion due by 5/8/2006. Signed by Judge Terrence F. McVerry on 4/7/06. (cc) (Entered: 04/07/2006)	RECAP
32	April 12, 2006	MOTION for Discovery --For Stay of Discovery Pending Disposition Of Defendant's Motion To Dismiss -- by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order)(Munsch, Martha) (Entered: 04/12/2006)	RECAP
	April 13, 2006	TEXT ORDER Response/Briefing Schedule re 32 Motion for Discovery. Response to Motion due by 4/24/2006. Signed by Judge Terrence F. McVerry on 4/13/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter.(kll) (Entered: 04/13/2006)	PACER
	April 13, 2006	TEXT ORDER Response/Briefing Schedule re 32 Motion for Discovery. Response to Motion due by 4/24/2006. Signed by Judge Terrence F. McVerry on 4/13/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter.(kll)
33	April 20, 2006	RESPONSE to Motion re 32 MOTION for Discovery --For Stay of Discovery Pending Disposition Of Defendant's Motion To Dismiss -- Response on Opposition filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 04/20/2006)	RECAP
34	April 25, 2006	REPLY to Response to Motion re 32 MOTION for Discovery --For Stay of Discovery Pending Disposition Of Defendant's Motion To Dismiss -- filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Munsch, Martha) (Entered: 04/25/2006)	RECAP
35	April 26, 2006	BRIEF in Opposition re 28 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 04/26/2006)	RECAP
36	April 26, 2006	Appendix to 35 Brief in Opposition to Motion by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Affidavit of M. Jean Clickner # 2 EEOC Exhibit A # 3 EEOC Exhibit B # 4 EEOC Exhibit C # 5 EEOC Exhibit D # 6 EEOC Exhibt E # 7 EEOC Exhibit G # 8 EEOC Exhibit F # 9 EEOC Exhibit H # 10 EEOC Exhibit I # 11 Certificate of Service)(Clickner, M.) Modified on 4/28/2006 (jv). (Entered: 04/26/2006)	RECAP
	April 28, 2006	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 36 Appendix,. ERROR: Attachments not described correctly or no description was provided. CORRECTION: Attachment description corrected. Please Describe Attachments with future documents that have attachments. This message is for informational purposes only. (jv) (Entered: 04/28/2006)	PACER
	April 28, 2006	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 36 Appendix,. ERROR: Attachments not described correctly or no description was provided. CORRECTION: Attachment description corrected. Please Describe Attachments with future documents that have attachments. This message is for informational purposes only. (jv)
37	May 2, 2006	MOTION for Leave to File Reply To Plaintiff's Memorandum In Opposition To Defendant's Motion To Dismiss Plaintiff's Complaint Pursuant To Federal Rule Of Civil Procedure 12(b)(1) by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order # 2 Exhibit)(Munsch, Martha) (Entered: 05/02/2006)	RECAP
	May 5, 2006	TEXT ORDER granting 37 Motion for Leave to File Reply to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss. NOVARTIS PHARMACEUTICAL CORPORATION SHALL FILE SAID REPLY FORTHWITH. Signed by Judge Terrence F. McVerry on 5/5/2006. Text only entry; no PDF document will issue. This text only entry constitues the Court's order on the matter. (kll) (Entered: 05/05/2006)	PACER
	May 5, 2006	TEXT ORDER granting 37 Motion for Leave to File Reply to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss. NOVARTIS PHARMACEUTICAL CORPORATION SHALL FILE SAID REPLY FORTHWITH. Signed by Judge Terrence F. McVerry on 5/5/2006. Text only entry; no PDF document will issue. This text only entry constitues the Court's order on the matter. (kll)
38	July 11, 2006	REPLY BRIEF by NOVARTIS PHARMACEUTICALS CORPORATION re 35 Brief in Opposition to Motion To Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Munsch, Martha) (Entered: 07/11/2006)	RECAP
39	July 18, 2006	MOTION for Extension of Time to Complete Discovery by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order)(Clickner, M.) (Entered: 07/18/2006)	RECAP
40	July 18, 2006	RESPONSE to Motion re 39 MOTION for Extension of Time to Complete Discovery filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Munsch, Martha) (Entered: 07/18/2006)	RECAP
	July 19, 2006	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 39 MOTION for Extension of Time to Complete Discovery. 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. (jv) (Entered: 07/19/2006)	PACER
	July 19, 2006	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 39 MOTION for Extension of Time to Complete Discovery. 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. (jv)
	July 20, 2006	TEXT ORDER granting 39 Motion for Extension of Time to Complete Discovery. Discovery due by 8/21/2006. Signed by Judge Terrence F. McVerry on 7/20/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter. (kll) (Entered: 07/20/2006)	PACER
	July 20, 2006	TEXT NOTICE of Hearing: Post Discovey Status Conference reset from 7/28/2006 to 8/25/2006 01:30 PM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter.(kll) (Entered: 07/20/2006)	PACER
	July 20, 2006	TEXT ORDER granting 39 Motion for Extension of Time to Complete Discovery. Discovery due by 8/21/2006. Signed by Judge Terrence F. McVerry on 7/20/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter. (kll)
	July 20, 2006	TEXT NOTICE of Hearing: Post Discovey Status Conference reset from 7/28/2006 to 8/25/2006 01:30 PM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter.(kll)
41	Aug. 8, 2006	MEMORANDUM OPINION AND ORDER OF COURT denying 28 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Terrence F. McVerry on 08/08/2006. (bsc)	RECAP
42	Aug. 24, 2006	MOTION to Compel Response to Commission's Third Request for Production of Documents by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Affidavit Certificate of Compliance w/ LR 37.1# 2 Exhibit Proposed Order of Court# 3 Exhibit Exhibit A)(Clickner, M.) (Entered: 08/24/2006)	RECAP
	Aug. 25, 2006	Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Status Conference held on 8/25/2006. Plaintiffs Motion to Compel will be held in abeyance. Defendants are given until 9/30/2006 to provide information to Plaintiffs. (Court Reporter None.) Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (kll) (Entered: 08/25/2006)	PACER
	Aug. 25, 2006	Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Status Conference held on 8/25/2006. Plaintiffs Motion to Compel will be held in abeyance. Defendants are given until 9/30/2006 to provide information to Plaintiffs. (Court Reporter None.) Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (kll)
43	Sept. 1, 2006	MOTION to Modify 41 Order on Motion to Dismiss/Lack of Jurisdiction by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order)(Munsch, Martha) (Entered: 09/01/2006)	RECAP
44	Sept. 1, 2006	BRIEF in Support re 43 MOTION to Modify 41 Order on Motion to Dismiss/Lack of Jurisdiction filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Exhibit)(Munsch, Martha) (Entered: 09/01/2006)	RECAP
	Sept. 8, 2006	ORDER Response/Briefing Schedule re 43 Motion to Modify. Plaintiff shall file a response to Defendant's Motion to Amend the Court's August 8, 2006 Order to Certify An Issue for Interlocutory Appeal on or before 9/15/2006. Text only entry; no PDF document will issue. This text−only entry constitutes the Court's Order on the matter. Signed by Judge Terrence F. McVerry on 09/08/2006. (bsc) (Entered: 09/08/2006)	PACER
	Sept. 8, 2006	ORDER Response/Briefing Schedule re 43 Motion to Modify. Plaintiff shall file a response to Defendant's Motion to Amend the Court's August 8, 2006 Order to Certify An Issue for Interlocutory Appeal on or before 9/15/2006. Text only entry; no PDF document will issue. This text-only entry constitutes the Court's Order on the matter. Signed by Judge Terrence F. McVerry on 09/08/2006. (bsc)
45	Sept. 15, 2006	BRIEF in Opposition re 43 MOTION to Modify 41 Order on Motion to Dismiss/Lack of Jurisdiction filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1Letter to Attorney Clickner from Mr Cipoletti # 2Exhibit B, Commission's First Request For Production of Documents to Deft.)(Clickner, M.) Modified on 9/18/2006 (jv). (Entered: 09/15/2006)	RECAP
	Sept. 18, 2006	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 45 Brief in Opposition to Motion,. ERROR: Attachments not described correctly or no description was provided. CORRECTION: Attachment description corrected. This message is for informational purposes only. (jv) (Entered: 09/18/2006)	PACER
	Sept. 18, 2006	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 45 Brief in Opposition to Motion,. ERROR: Attachments not described correctly or no description was provided. CORRECTION: Attachment description corrected. This message is for informational purposes only. (jv)
46	Sept. 19, 2006	AMENDED ORDER OF COURT granting 43 Motion to Modify Order of Court issued 8/8/06. This litigation is hereby stayed pending resolution of the application of Novartis Pharmaceuticals Corporation for leave to appeal this Order to the United States Court of Appeals for the Third Circuit. Signed by Judge Terrence F. McVerry on 9/19/2006. (kll) (Entered: 09/19/2006)	RECAP
47	Nov. 3, 2006	ORDER OF USCA denying Petition for Leave to Appeal filed by Novartis Pharmaceuticals Corp. (Attachments: # 1 Information Sheet) (carh3, ) Filed in Error: Correction: Removed from public view and refiled at 48 ORDER of USCA denying Petition for Leave to Appeal Modified on 11/6/2006 (jv). (Entered: 11/03/2006)	RECAP
48	Nov. 3, 2006	ORDER OF USCA denying Petition for Leave to Appeal filed by Novartis Pharmaceuticals Corp. (carh3, ) Additional attachment(s) added on 11/6/2006 (jv) (Attachments # 1 Information Sheet). (Entered: 11/06/2006)	RECAP
	Nov. 6, 2006	TEXT NOTICE of Hearing: Telephone Status Conference set for 11/8/2006 10:00 AM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter.(kll) (Entered: 11/06/2006)	PACER
	Nov. 6, 2006	TEXT NOTICE of Hearing: Telephone Status Conference set for 11/8/2006 10:00 AM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter.(kll)
49	Nov. 8, 2006	ORDER OF COURT: Summary Judgment due by 1/8/2007. Response to Summary Judgment due by 3/9/2007. Signed by Judge Terrence F. McVerry on 11/8/2006. (kll) (Entered: 11/08/2006)	RECAP
	Nov. 8, 2006	Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Telephone Conference held on 11/8/2006. (Court Reporter None.) Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (kll) (Entered: 11/08/2006)	PACER
	Nov. 8, 2006	Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Telephone Conference held on 11/8/2006. (Court Reporter None.) Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (kll)
50	Jan. 8, 2007	MOTION for Summary Judgment by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order)(Munsch, Martha) (Entered: 01/08/2007)	RECAP
51	Jan. 8, 2007	STATEMENT OF FACTS In Support of Defendant's 50 Motion for Summary Judgment. by NOVARTIS PHARMACEUTICALS CORPORATION.. (Munsch, Martha) (Entered: 01/08/2007)	RECAP
52	Jan. 8, 2007	BRIEF in Support re 50 MOTION for Summary Judgment filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Munsch, Martha) (Entered: 01/08/2007)	RECAP
53	Jan. 8, 2007	Appendix to 50 Motion for Summary Judgment by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Appendix, Volume II of V# 2 Appendix, Volume III of V# 3 Appendix, Volume IV of V# 4 Appendix, Volume V of V)(Munsch, Martha) (Entered: 01/08/2007)	RECAP
54	March 9, 2007	RESPONSE to Motion re 50 MOTION for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 03/09/2007)	RECAP
55	March 9, 2007	RESPONSE to Motion re 50 MOTION for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.), Document removed from public view and ORIGINALLY Docketed at 54 RESPONSE to 50 MOTION for Summary Judgment Modified on 3/12/2007 (jv). (Entered: 03/09/2007)	RECAP
56	March 9, 2007	RESPONSE In Opposition to Defendant's Statement of Undisputed Facts and EEOC's Counter Statement of Facts to 51 Statement of Facts filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 03/09/2007)	RECAP
57	March 9, 2007	EEOC's APPENDIX to 56 Response To filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Appendix Appendix to Commission's Response to Defendant's Statement of Undisputed Facts and EEOC's Counterstatement of Facts # 2 Exhibit # 3 Exhibit 1a # 4 Exhibit 2 # 5 Exhibit 2a # 6 Exhibit 2b # 7 Exhibit 2c # 8 Exhibit 3 # 9 Exhibit 4 # 10 Exhibit 5 # 11 Exhibit 6 # 12 Exhibit 7 # 13 Exhibit 8 # 14 Exhibit 9 # 15 Exhibit 10 # 16 Exhibit 11 # 17 Exhibit 12 # 18 Exhibit 13 # 19 Exhibit 14 # 20 Exhibit 15 # 21 Exhibit 16 # 22 Exhibit 17 # 23 Exhibit 18)(Clickner, M.), Eliminated double entry of Exhibit on each attachment and eliminated the word Response for Title of Entry (this is an Appendix) Modified on 3/12/2007 (jv). (Entered: 03/09/2007)	RECAP
	March 12, 2007	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 55 Response to Motion ERROR: Document was duplicate to 54 RESPONSE to MOTION. CORRECTION: Duplicate document No. 55 RESPONSE to 50 MOTION for Summary Judgment removed from public view. This message is for informational purposes only. (jv) (Entered: 03/12/2007)	PACER
	March 12, 2007	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 57 Response To. ERROR: Attachments not described correctly (double entry of "Exhibit"). CORRECTION: Attachment description corrected. This message is for informational purposes only., CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Wrong event selected. CORRECTION: ORIGINAL entry Re−docketed as an Appendix. This message is for informational purposes only. (jv) (Entered: 03/12/2007)	PACER
	March 12, 2007	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 55 Response to Motion ERROR: Document was duplicate to 54 RESPONSE to MOTION. CORRECTION: Duplicate document No. 55 RESPONSE to 50 MOTION for Summary Judgment removed from public view. This message is for informational purposes only. (jv)
	March 12, 2007	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 57 Response To. ERROR: Attachments not described correctly (double entry of "Exhibit"). CORRECTION: Attachment description corrected. This message is for informational purposes only., CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Wrong event selected. CORRECTION: ORIGINAL entry Re-docketed as an Appendix. This message is for informational purposes only. (jv)

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: March 24, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers that alleged sex discrimination and retaliation.

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

Private Entity/Person

Novartis Pharmaceuticals Corporation

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Other Dockets:

Western District of Pennsylvania 2:05-cv-00404

U.S. Court of Appeals for the Third Circuit 06-08053

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation

Case Summary of Equal Employment Opportunity Commission v. Novartis Pharmaceuticals Corporation, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/6318/ (last updated 3/10/2019).