TAYLOR et al v. SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC. et al
| AMY TAYLOR and HEATHER GOETZ |
| SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC. doing business as ENHANCED SUPPORTIVE HOUSING, LISA LOMBARDO, THERESA KRALL, LYNDSAY BURRIK and KATHLEEN AINSWORTH |
| 2:2022cv01229 |
| August 25, 2022 |
| US District Court for the Western District of Pennsylvania |
| Patricia L Dodge |
| Civil Rights: Jobs |
| 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
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Filing 27
ORDER DENYING AS MOOT Defendants' #11 Motion to Dismiss the Complaint in light of Plaintiffs having filed an amended complaint. (See ECF No. 26.) Signed by Magistrate Judge Patricia L. Dodge on 10/21/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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Filing 26
AMENDED COMPLAINT against SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC., LISA LOMBARDO, THERESA KRALL, LYNDSAY BURRIK, KATHLEEN AINSWORTH, filed by AMY TAYLOR, HEATHER GOETZ. (Ward, Joshua) Modified on 10/20/2022 to add Defendants names (jd).
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Filing 25
ORDER GRANTING #24 Unopposed Motion for Leave to File Amended Complaint. "[A] party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Here, Plaintiffs represent they "have met and conferred with Defendants who have no objection to Plaintiffs filing an Amended Complaint." Thus, it is HEREBY ORDERED that Plaintiffs may file the Proposed Amended Complaint (ECF No. 24-2) on or before 10/21/2022. Signed by Magistrate Judge Patricia L. Dodge on 10/20/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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Filing 24
Unopposed MOTION for Leave to File Amended Complaint by HEATHER GOETZ, AMY TAYLOR. (Attachments: #1 Proposed Order, #2 Exhibit) (Ward, Joshua)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #26 Amended Complaint,. ERROR: Filer selected "ALL DEFENDANTS". CORRECTION: Filer advised that in the future they are to select the names of defendants as instructed. Entry corrected by Clerks Office. This message is for informational purposes only. (jd)
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Filing 23
ORDER denying without prejudice #20 Nunc Pro Tunc Motion for Leave to File an Amended Complaint. Pursuant to Rule 15(a)(2) "a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Pursuant to the Court's Order of October 13, 2022, Plaintiffs' previously filed Amended Complaint was stricken and they were ordered to either file a motion to amend or an Amended Complaint with Defendants' consent. Plaintiffs proceeded with a motion to file an amended complaint (ECF No. 20) but also separately filed the Amended Complaint on the docket (ECF No. 21), which was later corrected to a Proposed Amended Complaint (ECF No. 22). While their motion indicates that "Plaintiffs have met and conferred with Defendants regarding the filing of the Motion for Leave to File the Amended Complaint and the Amended Complaint" (see ECF No. 20 para. 8), Defendants' position regarding the proposed amendment is not indicated. Given that there is no indication that Plaintiffs obtained Defendants' consent to amend their complaint, it is HEREBY ORDERED that the Amended Complaint (ECF No. 21) and the Proposed Amended Complaint (ECF No. 22) filed on the docket are stricken. On or before October 21, 2022, Plaintiffs shall file a motion for leave to amend that attaches the proposed Amended Complaint as an exhibit. The motion shall also state whether Defendants consent to the amendment. In the event that Defendants do not consent, they shall file their response to the motion to amend no later than October 28, 2022. Signed by Magistrate Judge Patricia L. Dodge on 10/19/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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Filing 22
Errata re #21 Amended Complaint by HEATHER GOETZ, AMY TAYLOR. Reason for Correction: Proposed Amended Complaint in re #20 Motion for Leave to File Amended Complaint. (Ward, Joshua) Modified on 10/19/2022 to update document linkage (jma).
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Filing 21
AMENDED COMPLAINT against SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC., LISA LOMBARDO, THERESA KRALL, LYNDSAY BURRIK, KATHLEEN AINSWORTH filed by AMY TAYLOR, HEATHER GOETZ. Filed using wrong event. Refiled as Errata #22 as Proposed Amended Complaint (Ward, Joshua) Document hidden from public view 10/19/22 (jma). Modified on 10/20/2022 to correct Defendants names - Filed using wrong event. Refiled as Errata at #22 . Document hidden from public view. (jd).
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Filing 20
Nunc Pro Tunc MOTION for Leave to File Amended Complaint by HEATHER GOETZ, AMY TAYLOR. (Attachments: #1 Proposed Order) (Ward, Joshua)
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Filing 19
ORDER GRANTING #18 Motion for Reconsideration. Defendants' #11 Motion to Dismiss IS HEREBY REINSTATED, because as they correctly note the certificate of conferral was filed at ECF No. 12-1. Plaintiff's Amended Complaint remains stricken, and Plaintiff may file a Motion to Amend the Complaint or an Amended Complaint with Defendants' consent, see Fed. R. Civ. P. 15(a)(2), on or before 10/18/2022. Signed by Magistrate Judge Patricia L. Dodge on 10/13/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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Filing 18
MOTION for Reconsideration by SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC.. (Attachments: #1 Proposed Order Motion for Reconsideration) (Scheuring, Gregory)
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Filing 17
ORDER STRIKING Defendants' #11 Motion to Dismiss and #16 Amended Complaint. Per this Court's Order (ECF No. 4), any "motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made good faith efforts to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. The certificate should include when and how the meet and confer took place and should be attached as a separate exhibit to any motion to dismiss that is filed. The Court will strike any motion to dismiss that does not contain the required certification." Defendants' Motion does not contain such certification and is HEREBY STRICKEN. Next, pursuant Federal Rule of Civil Procedure 15(a)(1)(B), a pleading may be amended once of right 21 days after service of a motion under Rule 12(b). Defendants' Motion to Dismiss was filed on 9/20/2022, therefore Plaintiff's Amended Complaint could have been filed as of right up until 10/11/2022. Therefore, Plaintiff's #16 Amended Complaint is HEREBY STRICKEN. IT IS FURTHER ORDERED that Plaintiff may file a Motion to Amend the Complaint or an Amended Complaint with Defendants' consent, see Fed. R. Civ. P. 15(a)(2), on or before 10/18/2022. Signed by Magistrate Judge Patricia L. Dodge on 10/13/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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Filing 16
STRICKEN per Order 17 AMENDED COMPLAINT against SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC. d/b/a ENHANCED SUPPORTIVE HOUSING, and, LISA LOMBARDO, THERESA KRALL, LYNDSAY BURRIK, and KATHLEEN AINSWORTH, filed by AMY TAYLOR, HEATHER GOETZ. (Ward, Joshua) Modified on 10/14/2022 (jd). Modified on 10/14/2022 (cww).
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Filing 15
CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC.. (Scheuring, Gregory)
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Filing 14
TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 10/6/2022, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Signed by Magistrate Judge Patricia L. Dodge on 9/22/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #9 Notice of Appearance. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (jma)
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Filing 13
ORDER Response Schedule re #11 MOTION to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO F.R.C.P. 12 (b)(6) by SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC. Response to Motion due by 10/12/2022. Signed by Magistrate Judge Patricia L. Dodge on 9/21/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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Filing 12
BRIEF in Support re #11 Motion to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO F.R.C.P. 12 (b)(6) filed by SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC.. (Attachments: #1 Exhibit Certification as to Meet and Confer) (Scheuring, Gregory)
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Filing 11
MOTION to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO F.R.C.P. 12 (b)(6) by SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC.. (Scheuring, Gregory)
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Filing 10
NOTICE of Appearance by Richard B McGiffin on behalf of KATHLEEN AINSWORTH, LYNDSAY BURRIK, THERESA KRALL, LISA LOMBARDO, SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC.. (McGiffin, Richard)
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Filing 9
NOTICE of Appearance by Richard B McGiffin on behalf of KATHLEEN AINSWORTH, LYNDSAY BURRIK, THERESA KRALL, LISA LOMBARDO, SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC.. (McGiffin, Richard)
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Filing 8
SUMMONS/Return of Service Returned Executed by AMY TAYLOR, HEATHER GOETZ. KATHLEEN AINSWORTH served on 8/31/2022, answer due 9/21/2022; LYNDSAY BURRIK served on 8/31/2022, answer due 9/21/2022; THERESA KRALL served on 8/31/2022, answer due 9/21/2022; LISA LOMBARDO served on 9/2/2022, answer due 9/23/2022; SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC. served on 8/31/2022, answer due 9/21/2022. (Ward, Joshua)
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Filing 7
NOTICE of Appearance by Gregory C Scheuring on behalf of SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC.. (Scheuring, Gregory)
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Filing 6
NOTICE of Appearance by Joni M. Mangino on behalf of SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC.. (Mangino, Joni)
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Filing 5
Disclosure Statement identifying Southwestern Pennsylvania Human Services, Inc. d/b/a Enhanced Supportive Housing as corporate parent or other affiliate, by SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC.. (Mangino, Joni)
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Filing 4
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, as more fully stated in said order. Signed by Magistrate Judge Patricia L. Dodge on 8/31/2022. (mqe)
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Filing 3
NOTICE of Appearance by Travis Andrew Gordon on behalf of HEATHER GOETZ, AMY TAYLOR. (Gordon, Travis)
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Filing 2
Summons Issued as to KATHLEEN AINSWORTH, LYNDSAY BURRIK, THERESA KRALL, LISA LOMBARDO, SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC. (Attachments: #1 Summons Southwestern Pennsylvania Human Services, Inc., #2 Summons Krall, #3 Summons Burrick, #4 Summons Ainsworth) (jd)
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Filing 1
COMPLAINT against KATHLEEN AINSWORTH, LYNDSAY BURRIK, THERESA KRALL, LISA LOMBARDO, SOUTHWESTERN PENNSYLVANIA HUMAN SERVICES, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-726028), filed by AMY TAYLOR, HEATHER GOETZ. (Attachments: #1 Civil Cover Sheet) (jd)
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