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

Clearinghouse coding complete

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…

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 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)

McVerry, Terrence F. (Pennsylvania)

Attorneys(s) for Plaintiff

Clickner, M. Jean (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Smith, Rachel M (Pennsylvania)

Attorneys(s) for Defendant

Flynn-Kozara, Abigail D. (Pennsylvania)

Lazala, Virginia (New Jersey)

Munsch, Martha Hartle (Pennsylvania)

Watterson, Kim M. (Pennsylvania)

Other Attorney(s)

Active

Judge(s)

McVerry, Terrence F. (Pennsylvania)

Attorneys(s) for Plaintiff

Clickner, M. Jean (Pennsylvania)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Smith, Rachel M (Pennsylvania)

Attorneys(s) for Defendant

Flynn-Kozara, Abigail D. (Pennsylvania)

Lazala, Virginia (New Jersey)

Munsch, Martha Hartle (Pennsylvania)

Watterson, Kim M. (Pennsylvania)

Other Attorney(s)

Fawcett, Kristen T. (Pennsylvania)

Griffith, Mark A. (Pennsylvania)

Nychis, Peter G. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 21, 2009 Docket
1

Complaint

U.S. District Court for the Middle District of Pennsylvania

March 24, 2005 Complaint
9

Intervenor's Complaint

May 6, 2005 Complaint
41

Memorandum Opinion and Order of the Court

EEOC v. Atlantis Golf Club, Inc.

2006 WL 2290410

Aug. 8, 2006 Order/Opinion
48-1

Appellate Decision

EEOC v. Atlantis Golf Club, Inc.

U. S. Court of Appeals for the Third Circuit

Nov. 3, 2006 Order/Opinion
62

Memorandum Opinion and Order of the Court

EEOC v. Atlantis Golf Club, Inc.

2007 WL 2905892

Sept. 28, 2007 Order/Opinion
106

Findings of Fact and Conclusions of the Law and Order of Court

Oct. 15, 2008 Order/Opinion

Docket

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

Last updated May 20, 2022, 12:09 a.m.

ECF Number Description Date Link
1

COMPLAINT with summons issued; jury demand (ces) (key, ). (Entered: 03/24/2005)

March 24, 2005
41

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)

Aug. 8, 2006 RECAP
2

MOTION by BETHANY L. BRANDSTATTER to Intervene with Proposed Order. (ces) (key, ). (Entered: 04/11/2005)

April 11, 2005
62

MEMORANDUM OPINION AND ORDER denying 50 Motion for Summary Judgment. Plaintiff shall file its Pretrial Statement on or before October 18, 2007. Defendant shall file its Pretrial Statement on or before November 7, 2007. The Court shall conduct a Pretrial Conference on November 9, 2007 at 2:30 P.M. in Courtroom 6C, 6th Floor, U.S. Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania 15219. Signed by Judge Terrence F. McVerry on 9/28/2007. (kll)

Sept. 28, 2007 RECAP
3

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)

April 12, 2005
90

MEMORANDUM ORDER denying 74 EEOC'S First Motion in Limine; denying as moot 75 EEOC's Second Motion in Limine; denying 76 EEOC's Third Motion in Limine; denying as moot 77 EEOC's Fourth Motion in Limine. See Memorandum Order for details. Signed by Judge Terrence F. McVerry on 01/29/08. (bsc)

Jan. 29, 2008 RECAP
91

MEMORANDUM ORDER denying 72 Defendant's Motion in Limine To Exclude Testimony and Report of Plaintiff's Proposed Expert. See Memorandum Order for details. Signed by Judge Terrence F. McVerry on 1/29/08. (bsc)

Jan. 29, 2008 RECAP
4

NOTICE of Attorney Appearance for NOVARTIS PHARMACEUTI by Martha Hartle Munsch (ces) (key, ). (Entered: 04/14/2005)

April 14, 2005
106

FINDINGS OF FACT AND CONCLUSIONS OF LAW. Judgment is entered in favor of Defendant, Novartis Pharmaceuticals Corporation, and against Plaintiff, Equal Employment Opportunity Commission. Signed by Judge Terrence F. McVerry on 10/15/08. (bsc)

Oct. 15, 2008 RECAP
6

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)

April 20, 2005
115

ORDER denying 111 Motion to Strike Defendant's Bill of Costs Pursuant to F.R.C.P. 54(d) filed by Plaintiff. Signed by Judge Terrence F. McVerry on 1/21/09. (bsc)

Jan. 21, 2009 RECAP

Deadline updated; reset Answer deadline to 5/25/05 for NOVARTIS PHARMACEUTI (ces) (Entered: 04/21/2005)

April 20, 2005
5

RESPONSE by EQUAL EMPLOYMENT OPP to 2 motion to Intervene by BETHANY L. BRANDSTATTER (ces) (key, ). (Entered: 04/21/2005)

April 21, 2005
7

RESPONSE by NOVARTIS PHARMACEUTI to 2 motion to Intervene by BETHANY L. BRANDSTATTER (jsp) (key, ). (Entered: 04/22/2005)

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)

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)

April 22, 2005
8

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)

April 29, 2005
9

Intervenor's COMPLAINT by BETHANY L. BRANDSTATTER against NOVARTIS PHARMACEUTI (ces) (key, ). (Entered: 05/09/2005)

May 6, 2005
10

ANSWER to Complaint by NOVARTIS PHARMACEUTI (Attorneys Abigail D. Flynn−Kozara and Virginia Lazala) (ces) (key, ). (Entered: 05/25/2005)

May 25, 2005
11

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)

May 25, 2005
12

Defendant's ANSWER to Complaint of Intervenor by NOVARTIS PHARMACEUTICALS CORPORATION.(Munsch, Martha) (Entered: 07/05/2005)

July 5, 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)

July 12, 2005
16

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)

July 28, 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)

Aug. 5, 2005
15

NOTICE of Appearance by Peter G. Nychis on behalf of BETHANY L. BRANDSTATTER (ces, ) (Entered: 08/08/2005)

Aug. 5, 2005
14

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)

Aug. 8, 2005
17

STIPULATION of Counsel for all parties, filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order)(Munsch, Martha) (Entered: 09/08/2005)

Sept. 8, 2005
18

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)

Sept. 13, 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)

Oct. 14, 2005
19

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)

Oct. 17, 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)

Nov. 21, 2005
20

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)

Nov. 21, 2005
21

NOTICE by NOVARTIS PHARMACEUTICALS CORPORATION of Withdrawal of Appearance of Attorney Lazala (Munsch, Martha) (Entered: 12/29/2005)

Dec. 29, 2005
22

STIPULATION And Protective Order by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, NOVARTIS PHARMACEUTICALS CORPORATION, BETHANY L. BRANDSTATTER. (Munsch, Martha) (Entered: 01/11/2006)

Jan. 11, 2006
23

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)

Jan. 12, 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)

Feb. 1, 2006
24

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)

Feb. 13, 2006
25

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)

Feb. 14, 2006
26

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)

March 16, 2006
27

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)

March 20, 2006
28

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)

April 6, 2006
29

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)

April 6, 2006
30

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)

April 6, 2006
31

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)

April 7, 2006
32

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)

April 12, 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)

April 13, 2006
33

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)

April 20, 2006
34

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)

April 25, 2006
35

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)

April 26, 2006
36

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)

April 26, 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)

April 28, 2006
37

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)

May 2, 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)

May 5, 2006
38

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)

July 11, 2006
39

MOTION for Extension of Time to Complete Discovery by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order)(Clickner, M.) (Entered: 07/18/2006)

July 18, 2006
40

RESPONSE to Motion re 39 MOTION for Extension of Time to Complete Discovery filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Munsch, Martha) (Entered: 07/18/2006)

July 18, 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)

July 19, 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)

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)

July 20, 2006
42

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)

Aug. 24, 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)

Aug. 25, 2006
44

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)

Sept. 1, 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)

Sept. 8, 2006
45

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)

Sept. 15, 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)

Sept. 18, 2006
46

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)

Sept. 19, 2006
47

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)

Nov. 3, 2006
48

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)

Nov. 3, 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)

Nov. 6, 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)

Nov. 8, 2006
49

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)

Nov. 8, 2006
50

MOTION for Summary Judgment by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order)(Munsch, Martha) (Entered: 01/08/2007)

Jan. 8, 2007
51

STATEMENT OF FACTS In Support of Defendant's 50 Motion for Summary Judgment. by NOVARTIS PHARMACEUTICALS CORPORATION.. (Munsch, Martha) (Entered: 01/08/2007)

Jan. 8, 2007
52

BRIEF in Support re 50 MOTION for Summary Judgment filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Munsch, Martha) (Entered: 01/08/2007)

Jan. 8, 2007
53

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)

Jan. 8, 2007
55

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)

March 9, 2007
56

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)

March 9, 2007
57

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)

March 9, 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)

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)

March 12, 2007
58

MOTION for Extension of Time to File Response/Reply by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order)(Munsch, Martha) (Entered: 03/13/2007)

March 13, 2007
59

BRIEF in Opposition re 58 MOTION for Extension of Time to File Response/Reply filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 03/20/2007)

March 20, 2007

TEXT ORDER granting 58 Motion for Extension of Time to File Response/Reply re 50 MOTION for Summary Judgment. Responses due by 3/26/2007. Signed by Judge Terrence F. McVerry on 3/22/2007. Text only entry; no PDF document will issue. This text only entry constitutes the Court's orderon the matter.(kll) (Entered: 03/22/2007)

March 22, 2007
60

NOTICE of Appearance by Kim M. Watterson on behalf of NOVARTIS PHARMACEUTICALS CORPORATION (Watterson, Kim) (Entered: 03/26/2007)

March 26, 2007
61

REPLY BRIEF by NOVARTIS PHARMACEUTICALS CORPORATION re 50 Motion for Summary Judgment filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Watterson, Kim) (Entered: 03/26/2007)

March 26, 2007
63

Unopposed MOTION to Extend Time to File Pretrial Statements by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order)(Clickner, M.) (Entered: 10/17/2007)

Oct. 17, 2007

TEXT ORDER granting 63 Motion to Extend Time for Filing Pretrial Statements. Plaintiff Pretrial Statement due by 10/29/2007. Defendant Pretrial Statement due by 11/16/2007. Pretrial Conference reset for 11/16/2007 10:30 AM in Courtroom 6C before Terrence F. McVerry. Signed by Judge Terrence F. McVerry on 10/18/2007. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter. (kll) (Entered: 10/18/2007)

Oct. 18, 2007
64

PRETRIAL STATEMENT filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 10/29/2007)

Oct. 29, 2007
65

PRETRIAL STATEMENT filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Munsch, Martha) (Entered: 11/15/2007)

Nov. 15, 2007

Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Final Pretrial Conference held on 11/16/2007. A bench trial will be scheduled in early February 2008. Trial estimated to last 4 days. (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: 11/16/2007)

Nov. 16, 2007
66

TRIAL SCHEDULING ORDER − NON−JURY: Plaintiffs witness list due by 1/14/2008, Defendants Witness list due by 1/21/2008, Designation of discovery due by 1/21/2008, Motions in Limine due by 1/14/2008, Response to Motions in Limine due by 1/21/2008, Bench Trial set for 2/4/2008 08:30 AM in Courtroom 6C before Terrence F. McVerry. Exhibit List due by 1/28/2008. Signed by Judge Terrence F. McVerry on 12/7/2007. (kll) (Entered: 12/07/2007)

Dec. 7, 2007
67

NOTICE of Appearance by Rachel M. Smith on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Smith, Rachel) (Entered: 12/14/2007)

Dec. 14, 2007
68

MOTION to Take Deposition from Ivorey Gethers by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order # 2 Appendix) (Clickner, M.) Modified by removing Appendix from public view since it was refiled at 70 Errata on 1/8/2008 (jv). (Entered: 12/27/2007)

Dec. 27, 2007

TEXT ORDER: Response re 68 Motion to Take Deposition. Defendant's Response to Motion due by 1/3/2008. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (cc) Signed by Judge Terrence F. McVerry on 12/28/07. (cc) Modified on 12/28/2007 (cc, ). (Entered: 12/28/2007)

Dec. 28, 2007
69

BRIEF in Opposition re 68 MOTION to Take Deposition from Ivorey Gethers filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Proposed Order) (Munsch, Martha) (Entered: 01/03/2008)

Jan. 3, 2008
70

Errata re 68 MOTION to Take Deposition from Ivorey Gethers by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Reason for Correction: Amendment to Appendix. (Smith, Rachel) (Entered: 01/07/2008)

Jan. 7, 2008
71

ORDER granting in part and denying in part 68 Motion to Take Deposition of Ivory Gethers. Plaintiff may proceed to take the deposition of Ivory Gethers either in South Carolina or Pittsburgh, PA. It is further ORDERED that Exhibit C of the original Appendix to EEOC's Motion to Reopen Discovery for the Limited Purpose of Taking the Deposition Testimony of Ivory Gethers is hereby stricken from the record and the Clerk of Court shall remove it from the docket because it violates both the Protective Order entered by this Court and Local Rule 5.1.1.D. Signed by Judge Terrence F. McVerry on 1/8/2008. (kll) (Entered: 01/08/2008)

Jan. 8, 2008
72

MOTION in Limine to Exclude Testimony and Report of Plaintiff's Proposed Expert by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Proposed Order) (Flynn−Kozara, Abigail) Modified to title description field for Attachment 1 on 1/15/2008 (jv). (Entered: 01/14/2008)

Jan. 14, 2008
73

BRIEF in Support re 72 MOTION in Limine to Exclude Testimony and Report of Plaintiff's Proposed Expert filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: # 1 Exhibit A # 2 Exhibit B) (Flynn−Kozara, Abigail) (Entered: 01/14/2008)

Jan. 14, 2008
74

First MOTION in Limine by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Proposed Order) (Clickner, M.) (Entered: 01/14/2008)

Jan. 14, 2008

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — 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

Novartis Pharmaceuticals Corporation, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit