REAM v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER
| REAM and SHANNON REAM |
| COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER |
| 1:2016cv00173 |
| July 6, 2016 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Venango |
| Barbara Rothstein |
| Civil Rights: Jobs |
| 28 U.S.C. § 1330 |
| Both |
Docket Report
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This docket was last retrieved on October 18, 2018. A more recent docket listing may be available from PACER.
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Filing 51
MANDATE of USCA issued. ORDERED and ADJUDGED by this Court that the judgment of the District court entered on November 22, 2017, be and the same is hereby affirmed. Costs to be taxed against the Appellant.(Attachments: #1 mandate lette, #2 opinion)
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Filing 50
JUDGMENT OF USCA as to #48 Notice of Appeal,, filed by SHANNON REAM Affirming judgment/order of the district court. Costs to be taxed against the Appellant. Mandate will follow. (pdb3)
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Filing 48
NOTICE OF APPEAL as to #47 Order, #46 Memorandum Opinion & Order by SHANNON REAM. Filing fee $505, receipt number 0315-4552377. Motion for IFP N/A. Certificate of Appealability N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Sanders, Neal)
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Filing 47
ORDER that Summary Judgment is hereby GRANTED in favor of Defendant Commonwealth of Pennsylvania Department of Human Services/Polk Center and against the Plaintiff Shannon Ream. Signed by Judge Barbara Rothstein on 11/21/2017. (nk)
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Filing 46
MEMORANDUM OPINION & ORDER the Court hereby GRANTS Defendants Motion for Summary Judgment #37 . This case is DISMISSED. Signed by Judge Barbara Rothstein on 11/21/2017. (nk)
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Filing 45
REPLY to #43 Concise Statement of Material Facts, filed by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. (Barchiesi, J.)
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Filing 44
Appendix to #40 Response to Motion by SHANNON REAM. (Attachments: #1 Exh. 1 Shannon Ream Deposition Excerpts, #2 Exh. 2 John Biondo Deposition Excerpts, #3 Exh. 3 Erin Darby Deposition Excerpts, #4 Exh. 4 Shirley Pickens Deposition Excerpts, #5 Exh. 5 Kathy Garin Deposition Excerpts, #6 Exh. 6 Susan Quimby Deposition Excerpts) (Sanders, Neal)
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Filing 43
CONCISE STATEMENT OF MATERIAL FACTS - ADDITIONAL - PURSUANT To LR 56.1C1(c) re #42 Response by SHANNON REAM. (Sanders, Neal)
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Filing 42
RESPONSE to #38 Concise Statement of Material Facts, filed by SHANNON REAM. (Sanders, Neal)
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Filing 41
BRIEF in Opposition re #37 Motion for Summary Judgment filed by SHANNON REAM. (Sanders, Neal)
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Filing 40
RESPONSE to Motion re #37 MOTION for Summary Judgment with Supporting Brief attached pursuant to Court's Standing Order - OPPOSITION filed by SHANNON REAM. (Attachments: #1 Proposed Order) (Sanders, Neal)
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Filing 39
Appendix to #37 Motion for Summary Judgment by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Barchiesi, J.)
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Filing 38
CONCISE STATEMENT OF MATERIAL FACTS re #37 Motion for Summary Judgment by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. (Barchiesi, J.)
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Filing 37
MOTION for Summary Judgment with Supporting Brief attached pursuant to Court's Standing Order by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. (Attachments: #1 Proposed Order) (Barchiesi, J.)
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Filing 36
ANSWER to #1 Complaint with Affirmative Defenses, by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. (Barchiesi, J.)
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Filing 35
MINUTE ORDER: Summary Judgment Motions are due June 7, 2017. Responses are due June 28, 2017. Replies are due July 12, 2017. Signed by Judge Barbara Rothstein on 5/12/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. Signed by Judge Barbara Rothstein on 5/12/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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Filing 34
Minute Entry for proceedings held before Judge Nora Barry Fischer: Settlement Conference held on 5/12/2017 (details of proceeding more fully stated in memo) (Court Reporter: None) (sks)
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Filing 33
ORDER indicating that a Settlement Conference is set for 5/12/17 at 8:30 AM in Courtroom 5B before Judge Nora Barry Fischer; that parties' confidential letters and joint proposed settlement agreement and release are due by 5/9/17 at 4:00 PM (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 4/27/17. (jg)
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Filing 32
Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephone Status Conference held on 4/27/17 (details of proceeding more fully stated in memo); An appropriate Order follows. (Court Reporter: None) (jg)
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Filing 31
MINUTE ORDER: All outstanding deadlines are hereby stayed pending the outcome of the settlement conference. Signed by Judge Barbara Rothstein on 4/27/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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Filing 30
ORDER REFERRING CASE to Judge Nora Barry Fischer for settlement purposes only. Signed by Judge Barbara Rothstein on 4/26/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk)
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Filing 29
ORDER indicating that a Telephonic Status/Scheduling Conference is set for 4/27/17 at 10:30 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 4/26/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 28
MINUTE ORDER: The following schedule has been agreed upon by the parties and is adopted by the Court:Motions for Summary Judgment shall be filed on or before May 31, 2017. Responses to Motions for Summary Judgment shall be filed on or before June 30, 2017. Replies shall be filed on or before July 14, 2017. Twenty-one (21) days after the resolution of dispositive motions or the date for filing such motions has passed, the parties shall submit a joint status report that includes: a. proposed Pretrial Conference dates; b. proposed Trial dates, including the likely length of trial (noting that the court's presumptive limit is five days), and whether it should be bifurcated; and c. whether the trial will be to a jury or the court. Signed by Judge Barbara Rothstein on 4/10/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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Filing 27
STATUS REPORT Filed Jointly By The Parties by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. (Barchiesi, J.)
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Filing 26
MINUTE ORDER: The Court hereby GRANTS #25 Motion for Extension of Time to Complete Discovery. Fact Discovery to be completed by March 20, 2017. All other deadlines set forth in Minute Order dated January 23, 2017 shall remain in full force and effect. Signed by Judge Barbara Rothstein on 2/27/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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Filing 25
Joint MOTION for Extension of Time to Complete Discovery - Fact by SHANNON REAM. (Attachments: #1 Proposed Order) (Sanders, Neal)
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Filing 24
ORDER denying #21 Motion for Leave to File First Amended Complaint. Plaintiff seeks to add a claim under the Pennsylvania Human Relations Act ("PHRA"). However, "[A] plaintiff may never pursue a PHRA claim against Pennsylvania or its agencies in federal court." 108 F. Supp. 2d 460, 465 (E.D.Pa. 2000). Accordingly, amendment is barred as futile. Signed by Judge Barbara Rothstein on 2/2/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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Filing 23
MINUTE ORDER setting initial case schedule. The following schedule has been agreed upon by the parties and is adopted by the Court: (1) Fact discovery shall be completed by February 28, 2017; (2) Plaintiff's expert report is due by February 28, 2017; (3) Deposition of Plaintiffs expert witness shall be completed by March 30, 2017; (4) Defendants expert report is due April 14, 2017; (5) Deposition of Defendants expert shall be completed by May 5, 2017. Additionally, in lieu of a post-discovery status conference, the parties shall meet and confer upon completion of discovery, and provide the Court with a Joint Status Report due two weeks after the completion of discovery. In this Joint Status Report, the parties shall provide a proposed briefing schedule for summary judgment motions, motions in limine and Daubert motions, and propose other pretrial dates. In setting these dates, the Court refers the parties to the Court's Standing Order for guidance. In the joint status report, the parties shall also update the Court as to the possibility of settlement. SO ORDERED. Signed by Judge Barbara Rothstein on 1/23/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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Filing 22
RESPONSE IN OPPOSITION to #21 Motion for Leave to File, filed by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. (Barchiesi, J.)
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Filing 21
MOTION for Leave to File First Amended Complaint by SHANNON REAM. (Attachments: #1 Proposed Order, #2 First Amended Complaint, #3 Exh. 1 - Letter Offering Position with Dept. of Corrections, #4 Exh. 2 - Letter Rescinding Position with Dept. of Corrections, #5 Exh. 3 - EEOC Letter Dtd. April 6, 2016, #6 Exh. 4 - EEOC Letter Dtd. May 12, 2016, #7 Exh. 5 - Settlement Agreement, #8 Exh. 6 Dual File Form - Cmm. of PA Dept. Human Services, #9 Exh. 7 - Dual File Form - Polk Center, #10 Exh. 8 - New Charge-Affidavit Letter-Fax to PHRC, #11 Affidavit) (Sanders, Neal) (sdp). Modified on 11/28/2016. (sdp)
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Filing 20
NOTICE of Change of Address by Neal A. Sanders (Sanders, Neal)
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Filing 19
MEMORANDUM OPINION AND ORDER DENYING #9 Motion to Dismiss for Failure to State a Claim; GRANTING #9 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Barbara Rothstein on 11/18/2016. (jds)
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Filing 18
REPORT of Rule 26(f) Planning Meeting. (Sanders, Neal)
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Filing 17
REPORT of Early Neutral Evaluation Case has not resolved. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. (May, Thomas)
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Filing 16
Notice of Early Neutral Evaluation by THOMAS H. MAY. Early Neutral Evaluation Date 10/19/2016 9:00 a.m. (May, Thomas)
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Filing 15
ORDER REFERRING CASE to Early Neutral Evaluation Thomas H. May is appointed as an early neutral evaluator. Party THOMAS H. MAY added. Signed by Judge Arthur J. Schwab on 10/6/2016. (nk)
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Filing 14
STIPULATION selecting ADR process by SHANNON REAM. (Sanders, Neal)
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Filing 13
ORDER striking #10 Stipulation Selecting ADR process for failure to specify a date filed by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. Parties are to re-file Stipulation with a specific date of the session on or before Tuesday, October 11, 2016. Signed by Judge Arthur J. Schwab on 10/5/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk)
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Filing 12
BRIEF in Opposition re #9 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, filed by SHANNON REAM. (Sanders, Neal)
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Filing 11
RESPONSE to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Supporting Brief attached pursuant to Court's Standing Order MOTION to Dismiss for Lack of Jurisdiction with Supporting Brief attached pursuant to Court's Standing Order filed by SHANNON REAM. (Attachments: #1 Proposed Order) (Sanders, Neal)
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Filing 10
STIPULATION selecting ADR process by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. (Barchiesi, J.)
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Filing 9
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Supporting Brief attached pursuant to Court's Standing Order, MOTION to Dismiss for Lack of Jurisdiction with Supporting Brief attached pursuant to Court's Standing Order by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. (Attachments: #1 Proposed Order) (Barchiesi, J.)
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Filing 8
ORDER OF COURT - ADR STIPULATION. ADR Stipulation due by 9/20/216. Signed by Judge Arthur J. Schwab on 8/24/2016. (nk) (Main Document #8 replaced on 8/25/2016) (nk)
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Filing 7
Parties are hereby ORDERED to meet and confer to discuss case management issues in compliance with Federal Rule of Civil Procedure 26(f). As described in Section 4 of the Standing Order, Parties must file a Rule 26(f) Meet and Confer Report. The Rule 26(f) report is due by October 24, 2016. Signed by Judge Barbara Rothstein on 8/24/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk)
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Filing 6
STANDING ORDER of procedures that are to be followed in civil cases assigned to this Court. These practice standards supplement the Federal Rules of Civil Procedure and Local Rules of the United States District Court for the Western District of Pennsylvania. In the event there is an inconsistency between the Local Rules and these practice standards, the terms of this Order control. The terms of this Order shall apply to all pleadings and hearings pertaining to cases assigned to Judge Rothstein and shall have the force and effect of orders of the Court from this date forward. If the case was previously assigned to a different District Judge, these practice standards replace those that previously controlled, but only as to pleadings and hearings from this date forward. Signed by Judge Barbara Rothstein on 8/24/2016. (nk) (Main Document #6 replaced on 8/24/2016) (nk) (Main Document #6 replaced on 8/25/2016) (nk)
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Filing 5
WAIVER OF SERVICE Returned Executed by SHANNON REAM. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER waiver sent on 7/7/2016, answer due 9/6/2016. (Sanders, Neal)
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Filing 4
NOTICE of Appearance by J. Eric Barchiesi on behalf of COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER. (Barchiesi, J.)
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Filing 3
The instant civil action has been designated for placement into the United States District Court for the Western District of Pennsylvania's Alternative Dispute Resolution (ADR) program. For further information, parties should refer to Local Rule 16.2 and the Courts ADR Policies and Procedures, which can be accessed at the Courts website at www.pawd.uscourts.gov. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of this notice on all parties. The attorneys of record and all unrepresented parties that appear in this case are reminded that they are jointly responsible for submitting to the Court a stipulation of selecting an ADR process (pursuant to Revised Local Rule 16.2) as directed by the Court. (nk)
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Filing 2
Summons Issued as to *COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER* (jd)
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Filing 1
COMPLAINT against COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, POLK CENTER (Filing fee, including Administrative fee, $400, receipt number 0315-4012882), filed by SHANNON REAM. (Attachments: #1 Exhibit 1 - Letter Offering Position with Dept. of Corrections, #2 Exhibit 2 - Letter Rescinding Position Offer, #3 Exhibit 3 - EEOC Letter Dated April 6, 2016, #4 Exhibit 4 - EEOC Letter Dated May 12, 2016, #5 Exhibit 5 - Settlement Agreement, #6 Exhibit 6 - Claim Letter Dated June 9, 2015, #7 Affidavit, #8 Civil Cover Sheet) (dm)
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