Case 2:05-cv-00689-AJS Document 15 Filed 08/30/2005 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CAROLYN VERSZYLA,
Intervener Plaintiff, v. PEDIATRIC ALLIANCE, P.C.,
Defendant.

) ) ) 05cv0689 ) ) JUDGE SCHWAB ) ) JURY TRIAL DEMANDED ) ) )

COMPLAINT This is an action under Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991 and Section 5(c) of the Pennsylvania Human Relations Act to correct unlawful employment practices on the basis of retaliation and to provide appropriate relief to Carolyn Verszyla who was adversely affected by such practices. As articulated with greater particularity in paragraph 7 below, Plaintiff alleges that Defendant Pediatric Alliance, P.C. discharged her in retaliation for exercising her rights under Title VII and the PHRA when she complained, on behalf of other female employees, about a sexually hostile work environment created by the words and conduct of a male doctor. Ms. Verszyla suffered mental and emotional distress as a result of Defendant’s retaliatory actions against her.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1367. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) (“Title VII”). This
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action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. Finally, this action is authorized and instituted pursuant to Section 12(c) of the Pennsylvania Human Relations Act (“PHRA”), 43 P.S. § 962(c).
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Pennsylvania.
PARTIES 3. Plaintiff Carolyn Verszyla has, at all relevant times, resided at 233 Kenney Drive, Sewickley, Allegheny County, Pennsylvania. 4. At all relevant times, Defendant Pediatric Alliance, P.C. (“Employer”), has continuously been a Pennsylvania corporation, located in the Commonwealth of Pennsylvania and doing business in various locations, including its St. Clair division, and has continuously had at least 15 employees. 5. At all relevant times, Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Ms.Verszyla filed a Charge of Discrimination with the Equal Employment Opportunity Commission alleging violations of Title VII by Employer and dual filed a Complaint with the Pennsylvania Human Relations Commission. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since March 2002, Employer has engaged in unlawful employment practices at its St. Clair division location, in violation of 704(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), and 5(c) of
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the PHRA, 43 P.S. § 955(c). These unlawful practices include, but are not limited to, the following: a. Employer is a pediatric medical services provider which employs between 100 and
200 employees; b. Commencing in or about March, 2002, Employer has tolerated and condoned a
sexually hostile work environment at its workplace; c. The hostile work environment consisted of sexually explicit comments and “jokes,”
both verbal and through electronic communication, by Dr. Edward King, a recently hired pediatrician. He also engaged in ongoing, unwanted, and inappropriate touching of female employees;
d. At all relevant times, Ms. Verszyla served as the Office Manager at Employer’s St. Clair Division office located in Upper St. Clair, Allegheny County, Pennsylvania.
e. Shortly after Dr. King’s hire, Ms. Verszyla began to receive complaints about unsolicited sexual comments, jokes, and gestures by Dr. King from various employees whom she supervised.
f. Shortly after Dr. King’s hire, Ms. Verszyla began to receive complaints about unsolicited sexual comments, “jokes”, and gestures by Dr. King from employees whom she supervised. On each such occasion, she advised Employer’s St. Clair shareholders that several female staff members had complained about Dr. King’s sexually offensive conduct. In December 2003, Ms. Verszyla advised Employer’s shareholder-owners that several female staff members had complained to her about Dr. King’s sexually offensive conduct.
g. In addition, Ms. Verszyla met with and advised Dr. King of the complaints she had received and further advised him that his conduct was unwelcome and was inappropriate for a
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professional office. h. The unwanted and inappropriate sexually charged language and conduct continued. i. On or about January 16, 2004, Dr. King sent an email message to all staff about him
having feminine hygiene products for their use. Ms. Verszyla immediately sent an e-mail message to an Employer shareholder at the St. Clair office which in part expressed her concern that “[s]ome of the staff may not have found his email funny.”
j. Also on or about January 16, 2004, Ms. Verszyla discovered that someone had created a sexually explicit “sculpture” in Dr. King’s examining room and that its existence had resulted in a commotion among the staff. Ms. Verszyla immediately sent an e-mail message to all staff about the need to maintain a professional atmosphere; she also again requested a meeting with the shareholders to discuss the complaints of a sexually hostile work environment. Her request was denied.
k. On or about January 22, 2004, Ms. Verszyla requested family leave for one hour per work day on a temporary basis. She offered to turn in 5 hours of accumulated personal time per week during this family leave. Her request was denied.
l. On or about February 9, 2004, Ms. Verszyla was discharged from employment with Employer. She was advised that the termination was caused by her “managing style” and interactions with nursing staff.
8. The effect of the practices complained of in paragraph 7 (a) through (l) above has been to deprive Ms. Verszyla of equal employment opportunities and otherwise adversely affect her status as an employee, because she opposed practices she believed to be discriminatory and in retaliation for having exercised her rights and duties under Title VII and the PHRA.
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9. The unlawful employment practices complained of in paragraphs 7 (a) through (l) above were intentional.
10. The unlawful employment practices complained of in paragraphs 7 (a) through (l) above were done with malice or with reckless indifference to the federally protected rights of Ms. Verszyla who, as a supervisor, complained to Employer’s owners and managers about the creation and maintenance of a sexually hostile work environment and, as a result, Employer retaliated against Ms. Verszyla when it discharged her.
PRAYER FOR RELIEF Wherefore, the Plaintiff requests that this Court: A. Grant a permanent injunction enjoining the Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in retaliation against employees who complain of such and in any other employment practice which discriminates on the basis of retaliation. B. Grant a permanent injunction enjoining the Employer, its officers, successors, assigns and all persons in active concert or participation with it, from discriminating within any of its establishments between employees on the basis of retaliation. C. Order Employer to make her whole, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful-place hiring and front pay. D. Order Employer to make her whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7 (a)
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through (l) above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
G. Order Employer to pay her punitive damages for its malicious and/or reckless conduct described in paragraphs 7 (a) through (l) above, in an amount to be determined at trial.
H. Grant such further relief as this Court deems necessary and proper in the public interest.
I. Award her attorneys’ fees and her costs of this action.
Respectfully submitted, HEALEY & HORNACK, P.C. /s/ Joseph S. Hornack________ Joseph S. Hornack PA ID No. 35165 The Pennsylvanian 1100 Liberty Avenue, Suite C-2 Pittsburgh, PA 15222 Phone: 412.291.7711 Fax: 412.281.9509 jay@unionlawyers.net Attorney for Plaintiff
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 Case 2:05-cv-00689-AJS Document 17 Filed 11/23/2005 Page 1 of 9
IN THE UNITED STATES DISTRICT COURT FOR THE \VESTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY
COM~llSSION,
Plaintiff, v.
PEDIATRIC ALLIANCE, P.c.,
Defendant.

) )
) CIVIL ACTION No. 05-0689 )
) ) ) ) )
) JURY TRIAL DEMAND

COr'\SENT DECREE
A. This action was instituted by the United States Equal Employment Opportunity Commission ("the EEOC" or "the Commission") on July 13,2005, against Pediatric Alliance, P.C. ("Defendant") to enforce provisions of Title VII of the Civil Rights of 1964, as amended, 42 U.s.c.
§ 2000e et seq., ("Title VII") . The EEOC alleged that Defendant discharged Carolyn Verszyla in
retaliation for having exercised her rights under Title VII when she allegedly complained about an ongoing allegedly sexually hostile work environment.
B. This Consent Decree is entered into by the EEOC and Defendant. This Consent Decree shall be final and binding betwccn the EEOC and Defendant, its directors, officers, agents, employees, successors or assigns (hereinafter collectively referred to as "Defendant").
C. The EEOC and Defendant, to avoid the costs and time oflitigation, voluntarily agree
to the entlY of this Consent Decree, which shall fu lly and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No . 05-0689. Defendant denies the allegations of the

Case 2:05-cv-00689-AJS Document 17 Filed 11/23/2005 Page 2 of 9
Complaint. This Consent Decree does not constitute and shall not be construed as an admission, implication, or finding of liability or wrongdoing by the Defendant. Further, no evidence has been produced in support of the allegation of inappropriate touching. This Decree does not constitute and shall not be construed as a detennination that either the EEOC or the Defendant is a prevailing party; and, it is specifically agreed that neither the EEOC nor the Defendant is a prevailing party.

DECREE

Upon consent of the parties to this action, it is hereby ORDERED, ADJUDGED, and

DECREED that:

NON-DISCRIMINATION Ai\'D NON-RETALIATION

1. This Court has jUlisdiction over the pmties and the subject matter of this action.

2.

Defendant is enjoined from engaging in any employment practice which constitutes

unlawful discrimination under Title vn. Specifically, Defendant is enjoined from creating, fostering

or tolerating a hostile work environment based on sex.

3. Defendant is enjoined from engaging in any employment practices which retaliate in

any manner against any person, including but not limited to Carolyn Verszyla, because of that
person's opposition to any practice reasonably alIeged or believed to be unlawful under Title vn, or

because of the filing of a charge, the giving of testimony or assistance, or the participation in any

manner in any investigation, hearing or proceeding under Title VII.

4. Defendant shall not divulge, directly or indirectly, to any employer or potential

employer of Carolyn Verszyla, any of the facts or circumstances related to the charge of

discrimination against Defendant, or any of the events relating to Ms. Verszyla's participation in the

(<<, \ CLl&NTs\ n2l S\OOl4 1I0l240S1 ,1)
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litigation of this matter. 5. Defendant shall comply fully with all provisions ofTitle VIT. Nothing in this Consent
Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Defendant
under Title vn or the EEOC's authority to process or litigate any charge ofdiscrimination which may
be filed against it in the future . MONETARY RELIEF
6. Defendant agrees to pay monetary relief in the total amount ofForty Three Thousand Dollars and No Cents ($43,000.00). In order to receive the monetary relief, Ms. Verszyla mllst execute a Release that is mutually agreeable to herselfand Defendant. The distribution ofthe total amount will be in accordance with the terms set forth in the Release Agreement. Within fifteen (15) business days of receipt of the signed Release, Defendant will make payment as set forth in the Release. Defendant will mail a photocopy ofthe checks to the EEOC, to the attention ofM. Jean Clickner, Senior Trial Attomey, EEOC, 1001 Liberty Avenue, Suite 300, Pittsburgh, Pennsylvania 15222, within five days ofthe date of payment.
POSTING OF NOTICE 7. Within ten (1 0) business days after entry oftrus Decree, Defendant shall post samesized copies of the Notice attached as Exhibit 1 to this Decree on the bulletin board usually used at its Upper Saint Clair location for communicating with employees. The Notice shall remain posted for nvelve (12) months from the date of entry of this Decree. COllnsel for Defendant shall provide a copy of the Notice, and an indication of the date and location of its posting, to the EEOC's Pittsburgh Area Office, attention , M . Jean Clickner, Senior Trial Attorney, within ten (10) days ofthe posting. Defendant shaH permit a representative of the EEOC to enter its premises for purposes of verifying
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compliance with this Paragraph at any time during normal business hours without prior notice.

Defendant shall take all reasonable steps to ensure that the posting is not altered, defaced or covered

by any other matelial. Should the posted copies become defaced, removed, marred, or otherwise

illegible, Defendant agrees to immediately post a readable copy in the same manner as heretofore

specified.

RECORDKEEPING

8. For a period of eighteen (18) months following entry ofthis Decree, Defendant shall

maintain and make available for inspection and copying by the EEOC records of each complaint of

any incident of sexual harassment occurring at its Upper Saint Clair location. Each such report shall

indicate the date the complaint of sexual harassment was made, who made the complaint, what was

alleged, and what actions the Defendant took to resolve the matter. The Defendant shall also make

records of all actions it takes to prevent sexual harassment at its facility for the duration of this Decree.

9. Defendant shall make all documents or records referred to in Paragraph 8, above,

available for inspection and copying within ten (10) business days after the EEOC so requests. In

addition, Defendant shall make available for interview all persons within its employ whom the

EEOC reasonably requests for purposes of veri fying compliance with this Decree and shall pem1it a representative ofthe EEOC to enter Defendants premises for such purposes on five (5) business days

advance notice by the EEOC.

10. Nothing contained in this Decree shall be consbued to limit any obligation Defendant may other.vise have to maintain records under Title VII or any other law or regulation.

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TRAINING
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11. Defendant shall provide training on the requirements of Title VII on the following terms:
(a) Defendant agrees to provide training to all of its employees at its Upper Saint Clair location (including all of its Shareholders, Managers or Supervisors, and all employees and supervisors in its Human Resources Department) by a trainer or vendor approved by the EEOC to provide training on an employee's rights and the employer's obligations under Title VII. This training will emphasize what constitutes unlawful harassment in the workplace, how to keep the company free of any such fom1 of discrimination, and what constitutes unlawful retaliation.
(b) In the event an employee is hired by Defendant at its Upper Saint Clair location after the date of the required training session to be held in 2005 and 2006, Defendant agrees to show a videotape of and/or provide a handout from the required training as part of the new employee orientation. Records of the new employee orientation will be maintained and will be made available to EEOC for inspection and copying at the EEOC's request. A registry of attendance at all training sessions shall be retained by Defendant for the duration of the Consent Decree.
(c) Defendant shall tirst provide training in accordance with Paragraph II (a) by no later than ninety (90) calendar days of the entry ofthis Consent Decree. Defendant shall then also provide such training on at least one occasion in calendar year 2006.
12. In addition to the training described in Paragraph 11, within ninety (90) calendar days of the entry of the Consent Decree, Defendant shall provide training to all Managers, shareholders and all employees and supervisors in its Administrative Office and Human. Resources Department regarding conducting a prompt and effective investigation into allegations, complaints, or charges of employment discrimination.
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13. Defendant shall obtain the EEOC's approval of its proposed trainer prior to each year's training sessions. Defendant shall submit the name, address, telephone number and resume of the proposed trainer, together with the date(s) of the proposed training sessions to the EEOC within thirty (30) calendar days prior to the first day of the proposed date(s) of training. The EEOC shall have ten (10) calendar days from the date ofreceipt of the infOlmation described above to accept or reject the proposed trainer(s) and approval of the proposed trainer will not be unreasonably denied. Tn the event, however, that the EEOC does not approve Defendant's designated trainer(s), the above process shall be repeated until Defendant proposes a trainer acceptable to the EEOC.
14. Defendant agrees to provide the EEOC with a copy of any and all pamphlets, brochures, outlines or other written materials provided to the pal1icipants of the training sessions.
15. Defendant shall certify to the EEOC in writing within five (5) business days after the training sessions required by Paragraphs 11 and 12 above have occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the dates, location and duration of the training session; (ii) a copy of the registry of attendance, which shall include the name and position of each person in attendance; and (iii) a listing of all current employees, including temporary employees, as of the date ofthe training.
DISPUTE RESOLUTION
16. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) ofthe Decree, the complaining party shall notify the other party ofthe alleged non-compliance within ten (10) days of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying
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party has not remedied the aUeged non-compliance or satisfied the complaining party that it has
complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROvlSIONS 17. Each party to this Decree shall bear its own expenses, costs and attorneys' fees . 18. The tcmlS of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Defendant in their capacities as representatives, agents, directors and officers ofPediatric Alliance, P.C., and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event that any individual is found to be in contempt for a violation of this Decree. 19. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No. 05-0689. 20. This Consent Decree shall be filed in the United States District Court for the Western District of Pennsylvania and shall continue to be in effect for a period of eighteen (18) months. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than thirty (30) days notice to the other party. 21. The Court retains jurisdiction over this case in order to enforce the terms of the Consent Decree. 22. The Clerk of the District Court is hereby directed to send a file-stamped copy of this Consent Decree to counsel of record .

! M, \ CLIENTS\l2. ) ! OON aOl :l 40S1, 2)

EQUAL EMPLOYMENT OPPORTUNITY
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COMMISSION
JAMESL. LEE DEPUTY GENERAL COUNSEL
GWENDOLYN YOUNG REAMS ASSOCIA TE GENERAL COUNSEL
.' ACQUEL~~~A: /l\U~ (r!!3)
REGIONAL ATTORNEY
~ O /4~ t--.
UDlTH O'BOYLE SUPERVISORY TRIAL ATTORNEY

~dE.~N CLICKNER

SE NIOR TRIAL ATTORJ'IEY

Pa. LD. No . 42738

EQUAL EMPLOYMENT COMMISSION

OPPORTUNITY

1001 Liberty Avenue, Suite 300

Pittsburgh, PA 15222

~~ IT 1S80 ORDERED:

BY THE COURT:

DATE:

ARTHUR J. SCHWAB

UNITED STATES DISTRICT JUDGE

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Case 2:05-cv-00689-AJS Document 17 Filed 11/23/2005 Page 9 of 9
EXHIBIT 1 NOTICE TO ALL PEDIATRIC ALLIANCE, PC EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Pediatric Alliance, p.e, Civil Action Number 05-0689 (W.D. PA.), resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Pediatric Alliance, P.c.
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended, ("Title VU"), prohibits discrimination against employees and applicants for employment based upon race, color, sex, religion, or national origin. Title VlI further prohibits retaliation against employees or
applicants who avai I themselves of the rights under Title vrr by engaging in protected activities, such
as filing a charge ofdiscrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bdng lawsuits in federa 'l court to enforce Tille VII.
Ln its lawsuit, the EEOC alleged that Pediatric Alliance, P.C. discharged an employee in retaliation in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Pediatric Alliance, P.c. denies all of the allegations.
The EEOC and Pediatric Alliance, P.c. voluntarily resolved their lawsuit. This resolution does not constitute and shall not be construed as an admission, implication, or finding ofliability or wrongdoing by Pediatric Alliance, P.c. The voluntary resolution between the EEOC and Pediatric Alliance, P.c. provides, among other things, that: (1) Pediatric Alliance, P.C. will not discriminate on the basis ofsex; (2) Pediatric Alliance, P.C. will not retaliate against allY person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (3) Pediatric Alliance, P.c. will train all employees regarding sexual harassment and it's policy prohibiting sexual harassment.
If you believe you have been discriminated against, you may contact Pediatric Alliance's Human Resources Representative at (412) 278-51:00 and/or the EEOC at (800) 669-4000. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYOl'l'E.
This Notice must remain posted for one year from tbe date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to the: Regional Attorney, EEOC Pbiladelphia District Office, 21 South 5th Street, Philadelphia, PA 19] 06.
DATED:
('10 \CLI EIITS\2Zln \O Z4 H03 2405 , ~I

 
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U.S. District Court Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 2:05-cv-00689-AJS

CLOSED

EQUAL EMPLOYMENT v. PEDIATRIC ALLIANCE Assigned to: Judge Arthur J. Schwab Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 05/19/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Jacqueline H. McNair Equal Employment Opportunity Commission 21 South Fifth Street Suite 400, The Bourse Building Philadelphia, PA 19106 (215) 440-2666 Email: Jacqueline.McNair@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith A. O'Boyle Equal Employment Opportunity Commission 21 South Fifth Street Suite 400, The Bourse Building Philadelphia, PA 19106 (215) 440-2666 Email: Judith.Oboyle@EEOC.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

M. Jean Clickner Equal Employment Opportunity Commission 1001 Liberty Avenue Suite 300, Liberty Center Pittsburgh, PA 15222 (412) 644-6439 Firm: (412) 644-4935 Email: jean.clickner@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Intervenor Plaintiff CAROYLN VERSZYLA
V. Defendant PEDIATRIC ALLIANCE, P.C.

represented by Joseph S. Hornack Healey & Hornack, P.C. 1100 Liberty Avenue Suite C-2, The Pennsylvanian Pittsburgh, PA 15222 (412) 391-7711 Firm: (412) 281-9509 Email: jay@unionlawyers.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig M. Brooks Houston Harbaugh 401 Liberty Avenue 22nd Floor, Three Gateway Center Pittsburgh, PA 15222-1005 (412) 288-2214 Email: cbrooks@hh-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey R. Gordon Houston Harbaugh 401 Liberty Avenue 22nd Floor, Three Gateway Center Pittsburgh, PA 15222-1005 U.S.A (412) 288-2266 Email: gordonjr@hh-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/19/2005 06/03/2005
06/15/2005 06/16/2005

#

Docket Text

1 COMPLAINT with summons issued; jury demand (tt) (Entered: 05/19/2005)
2 AFFIDAVIT/RETURN OF SERVICE executed as to PEDIATRIC ALLIANCE 5/27/05 Answer due on 6/16/05 for PEDIATRIC ALLIANCE (tt) (Entered: 06/03/2005)
3 ANSWER to Complaint by PEDIATRIC ALLIANCE (Attorney Craig M. Brooks, Jeffrey R. Gordon) (tt) (Entered: 06/16/2005)
4 DISCLOSURE statement by PEDIATRIC ALLIANCE (tt) (Entered: 06/16/2005)

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06/27/2005 07/12/2005
07/12/2005 07/13/2005 08/08/2005 08/09/2005 08/09/2005 08/17/2005 08/17/2005
08/22/2005

5 ORDER Setting Preliminary Conference of Counsel and Case Management Conference for 8/31/2005 08:00 AM before Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 6/27/05. (jsp, ) (Entered: 06/28/2005)
ORDER OF COURT RESETTING INITIAL STATUS CONFERENCE: The Initial Status Conference set for 8/31/05 has been rescheduled to 8/15/05 at 11:30 AM. Chief trial counsel shall attend. Chief trial counsel shall obtain full settlement authority prior to the conference and must be prepared to discuss settlement of the case and alternative dispute options in detail. All parties shall be available by telephone. The attorneys of record and all unrepresented parties that have appeared in this case are jointly responsible for submitting to the Court (a) a proposed case management order in compliance with this Court?s Practices and Procedure, and (b) a written report required by Fed.R.Civ.P. 26(f), in the format set forth in Appendix B to the local Rule 16.1.1B (excluding question 12) on or before 8/01/05. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Arthur J. Schwab on 7/12/05. (smk) (Entered: 07/12/2005)
6 Joint MOTION to Continue Initial Case Management Conference by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Brooks, Craig) (Entered: 07/12/2005)
7 ORDER granting 6 Motion to Continue: Initial Case Management Conference is hereby rescheduled to 8/22/2005 at 11:00 AM before Arthur J. Schwab. Parties Proposed Case Management Order & Rule 26 Meeting Report due by 8/8/2005. Signed by Judge Arthur J. Schwab on 7/13/05. (smk) (Entered: 07/13/2005)
8 REPORT of Rule 26(f) Planning Meeting. (Clickner, M.) (Entered: 08/08/2005)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 8 Report of Rule 26(f) Planning Meeting. 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. (jsp) (Entered: 08/09/2005)
9 Errata Rule 26 Conference Report by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Reason for Correction: To properly sign the Rule 26 conference report. (Clickner, M.) (Entered: 08/09/2005)
10 Proposed Pretrial Order by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 08/17/2005)
ORDER OF COURT RESETTING TIME OF INITIAL STATUS CONFERENCE: The Initial Status Conference set for 8/22/05 at 11:00 AM has been rescheduled to 8/22/05 at 11:30 AM. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Arthur J. Schwab on 08/17/05. (ms) (Entered: 08/17/2005)
11 MOTION to Intervene by Carolyn Verszyla. (Attachments: # 1 Exhibit Proposed Intervenor Complaint# 2 Proposed Order)(Hornack, Joseph) (Entered: 08/22/2005)

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08/22/2005 08/23/2005
08/23/2005
08/23/2005 08/24/2005 08/24/2005 08/30/2005 09/30/2005

Minute Entry for proceedings held before Judge Arthur J. Schwab: Initial Status Conference held on 8/22/05. ADR discussed in detail. Pretrial and trial dates and deadlines set. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (Court Reporter J. Kienzle.) (smk) (Entered: 08/23/2005)
12 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 9/26/2005. Amended Pleadings due by 10/6/2005. Discovery due by 1/13/2006 Plaintiff Pretrial Statement due by 2/13/2006. Defendant Pretrial Statement due by 2/21/2006. Plaintiffs Expert Reports due by 2/3/2006. Defendants Expert Reports due by 2/15/2006. Expert Depositions to be completed by 2/22/2006. Summary Judgment due by 1/27/2006. Response to Summary Judgment due by 2/10/2006. Willingness to proceed before Magistrate Judge due by 9/30/2005. Signed by Judge Arthur J. Schwab on 8/22/05. (smk) (Entered: 08/23/2005)
13 PRETRIAL ORDER Plaintiffs witness list due by 2/13/2006. Defendants Witness list due by 2/21/2006. Proposed Voir Dire by 2/23/2006. Points for Charge due by 2/23/2006. Proposed Verdict Slips due by 2/23/2006. Joint Stipulations due by 2/23/2006. Motions in Limine due by 2/23/2006. Response to Motions in Limine due by 2/28/2006. Jury Selection set for 3/20/2006 09:00AM before Arthur J. Schwab. Pretrial Conference set for 3/10/2006 09:30 AM before Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 8/22/05. (smk) (Entered: 08/23/2005)
14 ORDER FOR MEDIATION: Parties agree to mediate before Kenneth J. Benson by 01/31/06 and report outcome by 2/06/06. Signed by Judge Arthur J. Schwab on 8/22/05. (smk) (Entered: 08/23/2005)
ORDER granting 11 Motion to Intervene. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Arthur J. Schwab on 8/24/05. (smk) (Entered: 08/24/2005)
ORDER Intervening Plaintiff shall file and effectuate service of its Intervening Complaint on or before 8/30/05. Defendant(s) shall Answer or otherwise plead to said Complaint on or before 9/12/05. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Arthur J. Schwab on 8/24/05. (smk) (Entered: 08/24/2005)
15 Intervenor COMPLAINT, filed by Carolyn Verszyla. Related document: [1] Complaint.(Hornack, Joseph) (Entered: 08/30/2005)
ORDER it appearing to the Court that the parties have agreed to an amicable resolution of this matter, IT IS ORDERED that the Clerk shall remove this case from the docket for administrative purposes. IT IS FURTHER ORDERED, that, in the event either party fails to execute the settlement agreement, the case shall be reinstated to the docket upon written request of either party for purposes of enforcement of the settlement agreement. IT IS FINALLY ORDERED that the Court shall retain jurisdiction to enforce the terms of the settlement agreement of the parties. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Clerk is to mark CASE CLOSED. Signed by Judge Arthur J. Schwab on 9/30/05. (ms) (Entered:

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09/30/2005)
16 CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Clickner, M.) (Entered: 11/16/2005)
17 Approved Consent Decree. Signed by Judge Arthur J. Schwab on 11/22/05. (smk) (Entered: 11/23/2005)

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