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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MUHLENBERG MEDICAL ASSOCIATES )

)

)

Defendants.

)

)

CIVIL ACTION NO.
COMPLAINT JURY TRIAL DEMANDED

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex, female, and

retaliation, and to provide appropriate relief to Charging Party Leanna Stansky and a class of

female employees who were adversely affected by such practices. The Commission alleges that

Charging Party and other female employees were subjected to sexual harassment by a physician

in the medical practice. The Commission further contends that Charging Party was denied a

promotion to the Lead Receptionist position in retaliation because she complained of sexual

harassment. As a result of the harassment and failure to promote, Charging Party Stastny

incurred wage losses, and she and the class members suffered emotional distress damages.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to § 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") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.

2. The employment practices alleged to be unlawful were and are now being

committed within the jurisdiction of the United States District Court for the Eastern District of

Pennsylvania.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"),

is the agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1)

and (3) of Title VII, 42 U.S.C. § 2000(e)-5(f) (1) and (3).

4. At all relevant times, Defendant Muhlenberg Medical Practice has continuously

been and is now a Pennsylvania Corporation doing business in the State of Pennsylvania, and

the City of Temple, and has continuously had at least fifteen (15) employees.

5. At all relevant times, Defendant 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, Charging Party Leanna Stastny filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least 1999, Defendant Employer has engaged unlawful employment practices at its Temple, Pennsylvania facility in violation of Section 703(a) (1) of Title VII, 42 U.S.C. § 2000e-2(a) (1) , by subjecting Charging Party Leanna Stastny and a class of female employees to a sexually hostile work environment. The unlawful employment practices included

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but are not limited to the following: (a) As early as 1999, female employees reported to the office manager and/or managing
physician that Dr. Joseph Hassan, a physician employed by Defendant, made sexual advances, sexually-oriented comments, and engaged in unwelcome touching of female employees;
(b) Prior to the episodes of sexual harassment experienced by Charging Party Stastny, these employees complained that Dr. Hassan would repeatedly try to touch them, pull them close to him, and make sexual remarks; however, despite their complaints and reports to the Office Manager and Managing Physician, Dr. Hassan’s offensive behaviors and co mments did not stop and Defendant failed to take effective remedial action ;
(c) Due to the fact that Dr. Hassan did not cease his objectionable behaviors, one of the class members regularly warned new nurses about him;
(d) During the week of June 3, 2002, Dr. Hassan cornered Ms. Stastny by the EKG machine, cupped his right hand around her neck, and slid his arm back and forth across her breast, after which he commanded that she provide him with a cup of coffee;
(e) On or about June 10, 2002, Dr. Hassan ordered Ms. Stastny to bring him a patient chart and when she arrived, he reached with his arm and placed it under Ms. Stastny’s breast, lifting up her breast with his arm;
(f) After Ms. Stastny reported the incidents of unwelcome touching, she was required to continue working with Dr. Hassan and, on one occasion as she sat at her desk, he approached her from behind and began to rub her back and shoulders.
8. Since July, 2002, Defendant Employer has engaged unlawful employment practices at its Temple, Pennsylvania facility in violation of Section 704 of Title VII, 42 U.S.C. § 2000e3, by retaliating against Charging Party Leanna Stastny after she reported harassment by Dr.
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Hassan. The retaliatory unlawful employment practices included: (a) When an opening for the Lead Receptionist position arose, Defendant selected an
applicant who had been employed for a much shorter time than Ms. Stastny and whose knowledge of the practice was far inferior, failing to afford Ms. Stastny an opportunity to interview for the position.
9. The effect of the practices complained of in paragraphs 7and 8, above, has been to deprive Leanna Stastny and a class of females employed at Defendant Employer’s Temple, Pennsylvania facility of equal employment opportunities and otherwise adversely affect their status as employees because of their sex and retaliation.
10. The unlawful employment practices complained of in paragraphs 7 and 8, above, were intentional.
11. The unlawful employment practices complained of in paragraphs 7 and 8, above, were done with malice or with reckless indifference to the federally protected rights of Leanna Stastny and a class of females employed at Defendant Employer’s Temple, Pennsylvania facility.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sex discrimination, sexual harassment, and any other employment practice which discriminates on the basis of sex or retaliation. B. Order Defendant Employer to institute and carry out policies and practices, which effectively prohibit sexual harassment and retaliation in the work place, and which eradicate
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the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Ms. Stastny and other member of the
class by providing appropriate backpay with prejudgment interest, where applicable, 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 reinstatement.
D. Order Defendant Employer to make whole Ms. Stastny and other female class members by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8, above, including but not limited to out-of-pocket losses in amounts to be determined at trial.
E. Order Defendant Employer to make whole Ms.Stastny and other female class members by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 7 and 8, above, including but not limited to pain and suffering, humiliation, loss of life's pleasures, depression, anxiety, stress, panic, and other physical and psychological symptoms and conditions, in amounts to be determined at trial.
F. Order Defendant Employer to pay Ms. Stastny and other female class members punitive damages for its malicious and reckless conduct described in paragraphs 7and 8, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Eric S. Dreiband General Counsel James L. Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507
JACQUELINE H. McNAIR Regional Attorney
JUDITH A. O’BOYLE Supervisory Trial Attorney
CYNTHIA A. LOCKE Trial Attorney EEOC 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2683 Pennsylvania ID No. 37637
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 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS P.C.

Counsel for Defendant, Muhlenberg Medical Associates

BY: KEV1N A. MOORE, ESQUIRE ID No. 75068

2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610-1193 (610) 372-3500

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff

No. 03-5461

MUHLENBERG MEDICAL AS SOCIATES, Defendant

Jury Trial Demanded

JOSEPH R. HASSAN, Ph.D., M.D.,
THIRD PARTY COMPLAINT NATURE OF THE ACTION
This is an action pursuant to F.R.C.P. 14 by Defendant/Third Party Plaintiff, Muhlenberg Medical Associates, P.C., as against Third Party Defendant, Joseph R. Hassan, Ph.D., M.D. The action arises out of a Complaint brought by the Equal Employment Opportunity Commission as against Defendant/Third Party Plaintiff to the above-captioned term and number. True and correct copies of Plaintiff’ s Complaint and Defendant’s Answer with Affirmative Defenses are attached hereto as Exhibits "A" and "B", respectively, and incorporated herein by reference.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §451,1331, 1343 and 1345.

2. The employment practices alleged to be unlawful took place within the jurisdiction of the United States District Court for the Eastern District of Pennsylvania.
3. Third Party Plaintiff is a Pennsylvania corporation with its principal place of business at 4201 Kutztown Road, Reading, PA 19560.
4. Third Party Defendant Hassan is an adult individual whose address is 810 Berkshire Drive, Wyomissing, Berks County, Pennsylvania.
5. Third Party Defendant Hassan is not a party to the underlying action. 6. Third Party Plaintiff incorporates herein by reference Exhibit "A", EEOC Complaint, and Exhibit "B", Third Party Plaintiff’ s Answer and Affirmative Defenses thereto. 7. Third Party Defendant Hassan is or may be liable to Defendant for all or part of Plaintiff’ s and class member’s claims versus Third Party Plaintiff. 8. Third Party Defendant Hassan is solely liable or liable over to Third Party Plaintiff for contribution and indemnification for any and all damages entered in EEOC’s favor as against Third Party Plaintiff. WHEREFORE, Third Party Plaintiff, Muhlenberg Medical Associates, P.C., respectfully requests this Honorable Court to enter relief in its favor as more fully determined at the time of trial.
Respectfully submitted, Leisawitz Heller Abramowitch Phillips, P.C.
Kevin A. Moore, Esq. Attorney for Defendant

 
 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS P.C.

Counsel for Defendant,

Muhlenberg Medical Associates

BY: KEVIN A. MOORE, ESQUIRE

2201 Ridgewood Road, Suite 400

ID No. 75068

Wyomissing, PA 19610-1193

(610) 372-3500

______________________________________________________________________________

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
v.
MUHLENBERG MEDICAL ASSOCIATES, Defendant

: : : : No. 03-5461 : : : : Jury Trial Demanded

THIRD PARTY COMPLAINT NATURE OF THE ACTION
This is an action pursuant to F.R.C.P. 14 by Defendant/Third Party Plaintiff, Muhlenberg Medical Associates, P.C., (“Plaintiff/MMA”) as against Third Party Defendant, Joseph R. Hassan, Ph.D., M.D. The action arises out of a Complaint brought by Intervenor Leanna “Maggie” Stastny as against Defendant/Third Party Plaintiff to the above-captioned term and number. True and correct copies of Intervenor’s Complaint and Defendant’s Answer with Affirmative Defenses are attached hereto as Exhibits “A” and “B”, respectively, and incorporated herein by reference.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §451, 1331, 1343 and 1345. 2. The employment practices alleged to be unlawful took place within the jurisdiction of the United States District Court for the Eastern District of Pennsylvania.

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Document #: 110698

3. Third Party Plaintiff is a Pennsylvania corporation with its principal place of business at 4201 Kutztown Road, Reading, PA 19560.
4. Third Party Defendant Hassan is an adult individual whose address is 810 Berkshire Drive, Wyomissing, Berks County, Pennsylvania.
5. Third Party Defendant Hassan is not a party to the underlying action. 6. Intervenor Stastny’s Complaint asserts federal claims pursuant to Title VII of rthe Civil Rights Act of 1964, and pendant state law claims pursuant to the Pennsylvania Human Relations Act, 43 P.S. §951, et seq. Third Party Plaintiff incorporates herein by reference Exhibit “A”, EEOC Complaint, and Exhibit “B”, Third Party Plaintiff’s Answer and Affirmative Defenses thereto.
COUNT I – VIOLATION OF PENNSYLVANIA HUMAN RELATIONS ACT, §955(e) 7. Third Party Plaintiff incorporates herein by reference paragraphs 1-6 of its Complaint. 8. Defendant Hassan is a “person” as defined by the Pennsylvania Human Relations Act (“PHRA”), §944. 9. Defendant Hassan had been disciplined pursuant to MMA’s sexual harassment policy prior to the alleged incidents giving rise to the underlying action. 10. MMA’s sexual harassment policy was promulgated and distributed in 1998. 11. The policy, a three stage progressive discipline policy, involved as a first stage management employee discussions with respect to sensitizing the alleged harasser; followed by a second stage involving mandatory counseling and completed with the third stage involving termination. A true and correct copy of the policy is attached hereto as Exhibit “C” and incorporated herein by reference.

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12. The first incident took place on or about February 8, 1999 when nurse Cherie Powell complained of alleged inappropriate touching by Dr. Hassan.
13. Pursuant to the policy, Ms. Debbie Hain, the Practice Administrator and designated employee trained in sexual harassment policies, met with Dr. Hassan to provide counseling on the sensitivity of the issue.
14. The second stage discipline arose out of an incident which allegedly occurred on September 22, 1999 by way a complaint made by nurse Tammy Krueger.
15. In response to the complaint, MMA paid for mandatory counseling which Defendant Hassan completed.
16. Following each of the aforementioned incidents, both Defendant Hassan and the nurses remained employed and worked side by side on a daily basis from 1999 through July 11, 2002 when Defendant Hassan was terminated.
17. Subsequent to the September 22, 1999 complaint, no further employee complaints were made to MMA with respect to Defendant Hassan.
18. At all times material hereto, Defendant Hassan was aware of the sexual harassment policy.
19. Subsequent to the second incident, Defendant Hassan knew that his employment could be terminated pursuant to the sexual harassment policy if one more incident occurred.
20. Some time after September 22, 1999 and before the initial alleged incident of June 3, 2002 involving Stastny, a third incident of sexual harassment occurred.
21. The incident, one of improper comments and touching, was made against Defendant Hassan by an employee of the St. Joseph’s Medical Center where Dr. Hassan, on behalf of MMA, maintained medical privileges.

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22. As a condition of maintaining medical privileges with St. Joseph’s Medical Center, Dr. Hassan and MMA were required to adhere to the hospital’s code of conduct, which included a sexual harassment policy.
23. On information and belief, the employee made a complaint to St. Joseph’s Medical Center management which was investigated by that hospital.
24. On information and belief, Defendant Hassan was made fully aware of the complaint and participated in the investigation and subsequent discipline imposed by St. Joseph’s Medical Center.
25. Defendant Hassan, with full knowledge of the potential consequences of his actions in relation to his employment with MMA, intentionally and purposely concealed this third incident from MMA.
26. It is averred that Hassan, as a shareholder, director and officer of MMA, had a duty to disclose this serious legal matter to his partners in order for MMA to comply with the Pennsylvania Human Relations Act, federal law, and St. Joseph’s Medical Center guidelines with respect to sexual harassment of staff employees.
27. MMA was never aware of the incident until the victim in the St. Joseph’s Medical Cetner matter read about the EEOC’s claim against MMA in the Reading Eagle newspaper on October 3, 2003 and eventually came forward to her superiors who in turn notified MMA.
28. By letter dated December 3, 2002, counsel for MMA notified Defendant Hassan’s counsel of the discovery, which Defendant Hassan did not deny.
29. At all times material hereto and without waiving any other defenses set forth herein, Defendant Hassan was employed by MMA in a supervisory capacity.

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30. Section 955(e) imposes personal liability on any person who obstructs or prevents any person from complying with the Act, or attempting directly or indirectly to commit any act declared by that section to be an unlawful discriminatory practice.
31. Defendant Hassan, by his actions and omissions, intentionally, deliberately and recklessly obstructed and prevented MMA from its compliance with the PHRA by refusing to disclose the third incident which would have immediately resulted in his termination and thereby prevent the incident which gave rise to the underlying complaint.
32. As a direct and proximate result of his actions and omissions, Defendant Hassan has caused MMA to be subjected to the underlying class action brought by the EEOC to the above-captioned term and number, along with being subject to the underlying Intervenor Complaint, related costs, expenses and potential liabilities in an amount as yet to be determined.
33. Defendant Hassan is or may be liable to MMA for all or part of Plaintiff’s claims against MMA pursuant to the PHRA.
34. Defendant Hassan is or may be solely liable to Stastny or liable over to MMA pursuant to §955(e) of the PHRA.
WHEREFORE, Third Party Plaintiff, Muhlenberg Medical Associates, P.C., respectfully requests this Honorable Court to enter relief in its favor as more fully determined at the time of trial.
Respectfully submitted, Leisawitz Heller Abramowitch Phillips, P.C.
____________________________________ Kevin A. Moore, Esq. Attorney for Defendant/Third Party Plaintiff

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
v.
MUHLENBERG MEDICAL ASSOCIATES, LTD.
Defendant

: CASE NO. 03 - CV - 5461 : : : : ASSIGNED TO: F. Van Antwerpen, J. : : : : JURY TRIAL DEMANDED : :

COMPLAINT OF INTERVENOR LEANNA STASTNY
Leanna Stastny, Plaintiff/Intervenor, by her attorney, Jana R. Barnett, alleges as follows:
I. INTRODUCTION
1. This is an action seeking redress for the discrimination based on sex (sexual harassment) and retaliation, in contravention of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act.
2. Mrs. Stastny, a female citizen of the United States, seeks equitable and monetary relief for the Defendant’s unlawful actions, including back pay and benefits, compensation for physical and emotional pain and suffering, reimbursement of medical expenses, costs, attorneys' fees, punitive damages, and all other relief to which she is entitled by Title VII and the Pennsylvania Human Relations Act.

II. JURISDICTION AND VENUE
3. This Court has jurisdiction over Plaintiff's Title VII claims pursuant to 28 U.S.C. §1331, and 42 U.S.C. §2000e et seq. (§706). This Court has jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C. §1367 because the claims arising under the Pennsylvania Human Relations Act are so related to the claims arising under Title VII of the Civil Rights Act of 1964 that they form the same case or controversy.

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4. Venue in this district is appropriate pursuant to 28 U.S.C. §1391(b). The unlawful acts and practices of the Defendant were committed by the Defendant in Berks County, Pennsylvania, which is within the Eastern District of Pennsylvania.
III. PARTIES
5. Plaintiff Leanna Stastny is an adult citizen of the Commonwealth of Pennsylvania who resides in Berks County, Pennsylvania. Her address is 441 Main Street, Virginville, PA 19564.
6. Defendant Muhlenberg Medical Associates, Ltd. is a Pennsylvania limited corporation with its principal place of business at 4201 Kutztown Road, Temple, PA 19560. It employed Mrs. Stastny as a receptionist from August 28, 2000 through October 17, 2002. It is an employer within the meaning of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act.
IV. FACTUAL BACKGROUND
7. Mrs. Stastny began working for MMA as a receptionist on August 28, 2001.
8. Dr. Joseph Hassan was one of the physicians who worked at MMA from at least August 28, 2000 through October 17, 2002. Dr. Hassan was an officer, shareholder and employee of MMA from at least August 2001 - July, 2002.
9. Dr. Hassan had a record of touching female employees despite the fact that he was informed that his touching was unwelcome.
10. During much of the term of Mrs. Stastny’s employment by MMA, Dr. Hassan put his hands on Mrs. Stastny’s shoulders. Although this touching was unwelcome, Mrs. Stastny tolerated it.
11. During the week of June 3, 2002, Dr. Hassan cornered Mrs. Stastny, cupped his right hand around her neck, and slid his forearm back and forth against her left breast. A patient who observed Dr. Hassan touch Mrs. Stastny in this way said words to the effect of, “Honey, I see how you got your diamonds.” An employee was present when Dr. Hassan touched Mrs. Stastny.
12. When Dr. Hassan was done touching Mrs. Stastny in this way, he asked her to get him a cup of coffee, light on the cream.
13. Dr. Hassan’s conduct, and the patient’s obvious conclusion that Dr. Hassan had a
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sexual relationship with Mrs. Stastny, caused Mrs. Stastny to vomit.
14. On June 10, 2002, Dr. Hassan approached Mrs. Stastny with his schedule. He leaned near her, and rubbed his right forearm against her left breast twice. Mrs. Stastny moved away. Dr. Hassan moved toward Mrs. Stastny, and rubbed his right forearm against her left breast two more times. Mrs. Stastny stood up, told Dr. hassan that she’d take care of his schedule in the morning, left the building, got in her car, drove around the block, and vomited before going home.
15. Mrs. Stastny continued to vomit at work; cried before, during and after work; felt depressed, felt her skin “crawl” in Dr. Hassan’s presence, became unable to perform her work as well as she had previously, became unable to sleep, felt agitated, experienced tension headaches, experienced uncontrollable shaking, lost her appetite, and otherwise became physically and mentally ill. Mrs. Stastny began planning escapes from work in case Dr. Hassan’s behavior made it impossible for her to stay.
16. Mrs. Stastny obtained treatment for the effects of MMA’s treatment of her.
17. The physical and mental illness affected Mrs. Stastny outside of work as well as at work.
18. On June 20, 2002, Mrs. Stastny brought a chart to Dr. Hassan so that he could speak with a patient. Dr. Hassan took his left arm, put it under Mrs. Stastny’s right breast, and lifted up her breast. Mrs. Stastny walked away and vomitd.
19. In addition to this unwelcome touching, Dr. Hassan told Mrs. Stastny about his sexual activities with his girlfriend. This information was unwelcome.
20. Later on June 20, 2002, Mrs. Stastny reported Dr. Hassan’s unwelcome touching to her supervisor, who in turn reported it to the office manager.
21. On June 24, 2002, Mrs. Stastany met with the office manager to describe what Dr. Hassan had done.
22. On June 25, 2002, Mrs. Stastny met with MMA’s CEO and described what Dr. Hassan had done. The CEO said that Dr. Hassan had done things like that before, and that he would investigate her allegations. The CEO also spoke with an employee who verified that she had seen Dr. Hassan behave inappropriately toward Mrs. Stastny.
23. Mrs. Stastny asked MMA’s CEO to tell Dr. Hassan that he could not reach out and touch her.
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24. Although MMA was familiar with its legal obligation to conduct a prompt and thorough investigation of complaints of sexual harassment, MMA never notified Dr. Hassan of the allegations that Mrs. Stastny had made against him. Nor did MMA demand that Dr. Hassan stop touching Mrs. Stastny or otherwise leave her alone.
25. The CEO left for vacation without telling Dr. Hassan to stop touching Mrs. Stastny.
26. Mrs. Stastny notified the office manager that she felt angry, tortured, betrayed and misled by the CEO’s failure to take action against Dr. Hassan before he left on vacation.
27. Mrs. Stastny felt ill when she was with, around, or was assigned to work with Dr. Hassan.
28. On July 8, 2002, Dr. Hassan came up behind Mrs. Stastny, rubbed her back, and stood behind her chair so that she was unable to move away. After Dr. Hasan left, Mrs. Stastny was shaking. She gathered her personal possessions, and intended not to return to work.
29. On July 9, 2002, Mrs. Stastny signed a Charge of Discrimination which was sent to the EEOC and MMA’s attorney via facsimile.
30. On July 10, 2002, Dr. Hassan came up behind Mrs. Stastny, and was so close to her that she could feel his breath on her neck, and could see what was in her desk drawer.
31. Mrs. Stastny repeatedly notified MMA that Dr. Hassan’s touching her had the purpose or effect of making her physically and mentally ill, interfering with her relationships with people inside and outside of work, and rendering her unable to perform her job as well as she had been able to perform it before June 3, 2002.
32. Dr. Hassan stopped working for MMA. The CEO told Mrs. Stastny that Dr. Hassan’s departure had nothing to do with her complaint of discrimination.
33. Later, the CEO told Mrs. Stastny that Dr. Hassan’s complaint of discrimination was only one of the factors leading to Dr. Hassan’s departure from MMA.
34. Mrs. Stastny’s co-workers learned of her complaint of discrimination, and retaliated against her. For example, some nurses stopped speaking with Mrs. Stastny after Dr. Hassan stopped working for the practice. At least one employee left the room when Mrs. Stastny entered the room, and would refuse to speak with
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Mrs. Stastny unless absolutely necessary. Some employees talked about Mrs. Stastny behind her back. Some employees held Mrs. Stastny responsible for the reduction of their hourse. Someone moved a picture including Dr. Hassan from a place where Mrs. Stastny was unlikely to see it to a place where Mrs. Stastny was likely to see it frequently.
35. Mrs. Stastny reported acts of retaliation to her supervisor and/or the office manager.
36. MMA did not investigate the acts of retaliation by Mrs. Stastny’s co-workers. Nor did MMA take action reasonably calculated to stop the retaliation.
37. After Mrs. Stastny complained of sexual harassment by Dr. Hassan, the job of lead receptionist because vacant.
38. Although Mrs. Stastny was the most senior receptionist at MMA, had the most experience as a receptionist among MMA’s receptionists, had the most medical experience of MMA’s receptionists, and was able to fulfill the duties of a lead receptionist, MMA promoted a woman who had worked for MMA for approximately six months, had no prior medical experience, and who was not able to fulfill the duties as lead receptionist.
39. MMA did not choose Mrs. Stastny to be the lead receptionist out of retaliation for her complaints of sexual harassment.
40. On August 30, 2002, Mrs. Stastny signed a revised Charge of Discrimination which included acts of retaliation as well as sexual harassment.
41. The EEOC assigned charge number 170A300066 to that charge of discrimination, and cross-filed the charge with the Pennsylvania Human Relations Commission (“PHRC”).
42. The PHRC assigned number 200207014 to the charge of discrimination.
43. On September 22, 2003, the EEOC mailed a “right to sue letter” to Mrs. Stastny. A copy is attached.
44. On September 30, 2003, the EEOC filed a lawsuit against MMA on behalf of Mrs. Stastny and other members of her class.
45. On October 6, 2003, the PHRC sent Mrs. Stastny a letter saying that it had been one year since she filed her complaint with that agency, and that she had a right to file a complaint in court.
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46. As a result of the sexual harassment by Dr. Hassan at MMA, and the retaliation by MMA, Mrs. Stastny suffered lost wages and benefits (back and front), suffered emotional pain and suffering, was forced to incur expenses, and was otherwise damaged.
VI. CLAIMS
FIRST COUNT
(Violation of Title VII of the Civil Rights Act of 1964)
47. Paragraphs 1 through 46 are incorporated by reference.
48. Mrs. Stastny was discriminated against on the basis of sex when she was sexually harassed by Dr. Hassan
. 49. MMA knew or should of known of Dr. Hassan’s sexual harassment of female
employees.
50. As a direct result of MMA’s discriminating against Mrs. Stastny on the basis of her sex, Mrs. Stastny has suffered and continues to suffer harm, including but not limited to loss of income and loss of other employment benefits, front pay, medical expenses, physical suffering, humiliation, embarrassment, and damage to her reputation.
WHEREFORE Mrs. Stastny prays for compensatory damages (e.g., pecuniary losses, physical and emotional pain, suffering, inconvenience, mental anguish, and other nonpecuniary losses), punitive damages, attorney’s fees, costs, and such other and further relief as are permitted by law or equity.
SECOND COUNT
(Violation of Title VII of the Civil Rights Act of 1964 (Retaliation))
51. Paragraphs 1 through 46 are incorporated by reference.
52. MMA discriminated (retaliated) against Mrs. Stastny when it failed to promote her to the position of lead receptionist.
53. MMA’s employees discriminated (retaliated) against Mrs. Stastny when they harassed her as a result of her complaints of discrimination against Dr. Hassan.
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54. MMA and its employees knew that Mrs. Stastny opposed practices forbidden by Title VII of the Civil Rights Act of 1964 (sexual harassment) and/or that she had filed a charge of discrimination against MMA with the EEOC.
55. As a direct result of MMA’s discriminating (retaliating) against Mrs. Stastny, Mrs. Stastny has suffered and continues to suffer harm, including but not limited to loss of income and loss of other employment benefits, front pay, medical expenses, physical suffering, humiliation, embarrassment, and damage to her reputation.
WHEREFORE Mrs. Stastny prays for compensatory damages (e.g., pecuniary losses, physical and emotional pain, suffering, inconvenience, mental anguish, and other nonpecuniary losses), punitive damages, attorney’s fees, costs, and such other and further relief as are permitted by law or equity.
THIRD COUNT
(Violation of Pennsylvania Human Relations Act, 43 P.S. §951 et seq.)
56. Paragraphs 1 through 46 are incorporated by reference.
57. Mrs. Stastny was discriminated against on the basis of sex when she was sexually harassed by Dr. Hassan
. 58. MMA knew or should of known of Dr. Hassan’s sexual harassment of female
employees.
59. As a direct result of MMA’s discriminating against Mrs. Stastny on the basis of her sex, Mrs. Stastny has suffered and continues to suffer harm, including but not limited to loss of income and loss of other employment benefits, front pay, medical expenses, physical suffering, humiliation, embarrassment, and damage to her reputation.
WHEREFORE Mrs. Stastny prays for compensatory damages (e.g., pecuniary losses, physical and emotional pain, suffering, inconvenience, mental anguish, and other nonpecuniary losses), punitive damages, attorney’s fees, costs, and such other and further relief as are permitted by law or equity.
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FOURTH COUNT
(Violation of Pennsylvania Human Relations Act, 43 P.S. §951 et seq.)
60. Paragraphs 1 through 46 are incorporated by reference.
61. MMA discriminated (retaliated) against Mrs. Stastny when it failed to promote her to the position of lead receptionist.
62. MMA’s employees discriminated (retaliated) against Mrs. Stastny when they harassed her as a result of her complaints of discrimination against Dr. Hassan.
63. MMA and its employees knew that Mrs. Stastny opposed practices forbidden by Title VII of the Civil Rights Act of 1964 (sexual harassment) and/or that she had filed a charge of discrimination against MMA with the EEOC.
64. As a direct result of MMA’s discriminating (retaliating) against Mrs. Stastny, Mrs. Stastny has suffered and continues to suffer harm, including but not limited to loss of income and loss of other employment benefits, front pay, medical expenses, physical suffering, humiliation, embarrassment, and damage to her reputation.
WHEREFORE Mrs. Stastny prays for compensatory damages (e.g., pecuniary losses, physical and emotional pain, suffering, inconvenience, mental anguish, and other nonpecuniary losses), punitive damages, attorney’s fees, costs, and such other and further relief as are permitted by law or equity.
_____________________________________ Jana R. Barnett, Esquire Attorney for Plaintiff Supreme Court of Pa. I.D. 73189 1238 Cleveland Avenue Wyomissing, PA 19610-2102 610/478-1860
JURY TRIAL DEMAND
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Mrs. Stastny demands a trial by jury as to all issues. ______________________________________ Jana R. Barnett, Esquire Attorney for Plaintiff
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 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

)

)

v.

)

)

)

MUHLENBERG MEDICAL ASSOCIATES, )

)

)

Defendant.

)

)

)

CIVIL ACTION NO. 03-5461

CONSENT DECREE This Consent Decree is entered into by Plaintiff United States Equal Employment Opportunity Commission (the Commission) and Muhlenberg Medical Associates (also known as Muhlenberg Medical Associates, Ltd.") On September 30, 2003, the Commission brought this action against Defendant Muhlenberg lvIedical Associates (IvIMA) to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981A. The Commission alleged that Leanna Stastny and a class of female employees ofMMA were subjected to a hostile work environment based on their gender, female, and that Ms. Stastny was subjected to retaliation when she was denied a promotion after she complained ofthe unlawful practices. Ms. Stastny later intervened in this action, joining in the federal claims on alleged by EEOC on her behalf and adding allegations under the Pennsylvania

Human Relations Act. This Decree is final and binding the EEOC and Defendant MMA as to all issues raised in
the Commission's Complaint in Civil Action Number 03-5461. In settlement of Civil Action No. 03-5461, the Commission and Defendant MMA hereby agree as follows:
1. This Decree is entered into in compromise to avoid the expense and inconvenience of litigation and is neither intended nor construed as an admission ofliability by Defendant MMA, who has denied and continues to deny any and all liability in this case.
2. The Commission is the agency of the United States government authorized by Congress to investigate allegations ofunlawful employment discrimination based upon gender and retaliation, to bring civil actions based upon these allegations of unlawful practices, and to seek relief for individuals affected by such practices.
3. Pursuant to Title VII, the parties acknowledge the jurisdiction of the United States District Court for the Eastern District of Pennsylvania over the subject matter and parties to this case.
4. Defendant agrees to comply fully with all of the provisions ofTitle VII, including its anti-retaliation provisions. This means that Defendant will not take action against any individual because he or she exercised any of his or her rights under Title VII, including filing a charge, providing testimony or assistance, participating in any manner in any investigation, proceeding or hearing under Title VII, or opposing any practice that he or she believed in good faith to be unlawful under Title VII.
5. Defendant agrees to pay monetary relief in the total amount of$100,OOO.00. The distribution is as follows: $60,000.00 to Leanna Stastny, $20,000.00 to Cheryl Powell, and
Page -2-

$20,000.00 to Tammy Kreuger. In addition, Defendant will pay up to $250.00 to Cheryl Powell and up to $250.00 to Tammy Kreuger for the services of an attorney in advising them regarding the releases they are asked by Defendant to sign. The monetary relief for Ms. Stastny will be sent by separate checks to Ms. Stastny and to her attorney, and the relief to Ms. Powell and Ms. Kreuger will be sent directly to them at addresses to be provided by the Commission. These checks will be paid within twenty days of whichever of the following events is later: the date the Court enters this Decree, or the date a Releases have been received by Defendant from the three named individuals, in a form mutually agreeable to them and to Defendant. Late payment of the checks will be subject to the accrual of interest on the unpaid amount, calculated pursuant to 28 U.S.C. § 1961. The check shall be sent to Ms. Stastny, Ms. Powell and Ms. Kreuger, or their legal representatives by United States certified mail, or express mail carrier, with a photocopy Inailed to Cynthia A. Locke at EEOC's Philadelphia District Office.
6. In order to obtain the relief referenced in Paragraph No.5, Ms. Stastny, Ms. Powell and Ms. Kreuger must each execute the Release referenced in Item No.5, supra, and that Release must be provided to the Defendant.
7. Within ten business days of the entry of this Consent Decree, Defendant shall post the Notice attached to this Decree as Exhibit A at its Temple, Pennsylvania office on the bulletin boards where notices are usually and customarily posted for the benefit of all employees. The Notices will remain posted for a period of 180 days. Defendant shall replace said Notices with legible copies, ifthe Notice are defaced, removed, or marred in any way. Within ten business days ofthe posting of the Notices, Defendant will infonn the Commission of the date and location ofthe postings.
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8. Defendant agrees that, through EEOC or a vendor approved by EEOC, it will provide training in employment discrimination (specifically, in the area of harassment based on sex and retaliation as prohibited by Title VII) to the managers and physicians at its Temple, Pennsylvania office. The training program will be cOlnpleted within three months of the filing of this Decree. Defendant agrees to notify the Commission of the vendor and training content at least two weeks in advance of the training date.
9. In the event of any dispute or question between the Plaintiffs and Defendant as to the interpretation or implementation of this Decree, the parties shall attempt to resolve such question informally within thirty (30) days. If the parties are unable to resolve their differences, the issue shall be submitted to the Court for final decision.
10. The parties agree that the Court shall retain jurisdiction over this Decree until for a period of two years after the filing of the Decree in order to enforce its provisions, should this become necessary.
11. This Decree shall be filed in the United States District Court for the Eastern District of Pennsylvania.
12.. This case shall be and hereby is dismissed with prejudice, subject to this Court's jurisdiction to enforce the provisions of this Consent Decree.
13. EEOC and Defendant shall bear their own costs and attorney's fees.
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For EEOC:

For Defendant:

Eric S. Dreiband General Counsel

James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20S07

Kevin A. Moore, Esquire Leisawitz Heller Abramowitch Phillips, PC Berkshire Commons, Suite 400
2201 Ridgewood Road
Wyomissing, PA 19610-1193 (610) 372-3S00

~dithCA:<YtBoy;e 0 ~
Supervisory Trial Attorney
Equal Employment Opportunity Commission, 21 S. Sth Street, Suite 400 Philadelphia, PA 19106 (21S) 440-2683
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APPROVED AND SO ORDERED: _ _ _ _ _ _ _ _ _ _U.S.D.J. Date: _ _ _ _ _ _ __
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EXHIBIT A NOTICE
This Notice is posted as part of a settlement reached in the matter of EEOC & Leanna Stastny v. Muhlenberg Medical Associates, C.A. No. 03-5461, in the United States District Court, Eastern District of Pennsylvania. The EEOC filed this action to enforce provisions of Title VII of the Civil Rights Act of 1964 (Title VII).
Title VII prohibits discrimination against employees and applicants for employment based upon their race, color, sex, religion, or national origin. Title VII prohibits retaliation against employees or applicants who exercise their rights under Title VII by engaging in protected activities, such as opposing an unlawful employment practice, filing a charge of discrimination, or assisting, testifying or participating in an EEOC investigation. THE EOUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) is the federal agency which investigates discrimination charges and brings lawsuits in the federal district courts to enforce Title VII.
The EEOC filed this action against Muhlenberg Medical Associates (MMA) to enforce provisions of Title VII, specifically alleging that MMA subjected Leanna Stastny and a class of female employees to a sexually hostile work environment based on their gender, female, by failing to take prompt effective corrective action to stop the sexually offensive practices of one of its physicians, Joseph R. Hassan, M.D. The EEOC's Complaint also alleged that MMA failed to promote Leanna Stastny in retaliation for her reporting sexual harassment. MMA denies all allegations of this action.
MMA fully supports and will comply with Title VII in all respects. MMA will not engage in any employment practice that denies equal opportunities in employment in violation of Title VII. MMA will not condone or permit harassment based on any protected classification, including sex. Furthermore, in accordance with Title VII, MMA will not take any action against any elnployee or applicant for employment because he or she has exercised any right under Title VII, including the filing of a charge of discrimination or the reporting of harassment.
This Notice will remain posted at MMA's Temple, Pennsylvania office for a period of one hundred eighty (180) days on all bulletin boards where announcements are normally posted for the benefit of employees. This Notice demonstrates that MMA has a continued interest in maintaining a workplace free of discrimination and harassment.
THIS NOTICE MUST NOT BE DEFACED OR REMOVED AND MUST REMAIN POSTED FOR 180 AYS FROM THE DATE SET FORTH BE 0 .
MUHLENBERG ASSOCIATES
Date Posted: _________________________,2004

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

EQUAL EMPLOYMENT OPPORTUNITY, :

:

:

v.

:

:

MUHLENBERG MEDICAL ASSOCIATES :

CIVIL ACTION NO. 03-5461

O R D E R Now this 29th day of September, 2004, having considered the Motion of Third Party Defendant Joseph R. Hassan to Dismiss the Third Party Complaint, the Response of Original Defendant Muhlenberg Medical Associates, any related submissions, it is ordered that the Motion is DENIED as moot.

BY THE COURT.

PAUL S. DIAMOND, J.

 
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A/R, CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:03-cv-05461-PD

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. MUHLENBERG MEDICAL ASSOCIATES Assigned to: HONORABLE PAUL S. DIAMOND Cause: 42:1983 Civil Rights Act

Date Filed: 09/30/2003 Date Terminated: 09/30/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by CYNTHIA A. LOCKE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2683 Email: cynthia.locke@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

JACQUELINE H. MCNAIR EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 LEAD ATTORNEY ATTORNEY TO BE NOTICED

JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 Email: judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff LEANNA STASTNY

represented by JANA R. BARNETT 1238 CLEVELAND AVENUE

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V. Defendant MUHLENBERG MEDICAL ASSOCIATES
Respondent CHERIE BIFFEL-POWELL
ThirdParty Plaintiff MUHLENBERG MEDICAL ASSOCIATES TERMINATED: 03/03/2004 V. ThirdParty Defendant PH.D., M.D. JOSEPH R. HASSAN TERMINATED: 03/01/2004
ThirdParty Plaintiff MUHLENBERG MEDICAL ASSOCIATES

WYOMISSING, PA 19610-2102 (610) 478-1860 Fax: 610-478-0453 Email: jrbarnet@ptd.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by KEVIN A. MOORE LEISAWITZ HELLER ABRAMOVWITCH PHILLIPS PC 2755 CENTURY BLVD WYOMISSING, PA 19610 610-372-3500 Fax: 610-372-8671 Email: kmoore@lhaplaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JANA R. BARNETT (See above for address) ATTORNEY TO BE NOTICED
represented by ANDREW N. HOWE HARTMAN, HARTMAN, HOWE & ALLERTON 2901 ST. LAWRENCE AVE. P.O. BOX 4429 READING, PA 19606 610-779-0772 Fax: 610-779-7473 Email: ahowe@hhha.com TERMINATED: 10/31/2004

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TERMINATED: 03/03/2004
V. ThirdParty Defendant PH.D., M.D. JOSEPH R. HASSAN TERMINATED: 03/03/2004

represented by ANDREW N. HOWE (See above for address) TERMINATED: 10/31/2004

Date Filed 09/30/2003 09/30/2003 09/30/2003 11/21/2003
11/21/2003
12/03/2003 12/03/2003 12/04/2003 12/04/2003 12/04/2003 12/04/2003 12/23/2003

#

Docket Text

1 COMPLAINT against MUHLENBERG MEDICAL ASSOCIATES , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(ti, ) Additional attachment(s) added on 11/25/2003 (mbh, ). (Entered: 09/30/2003)
One Original Summons Issued as to MUHLENBERG MEDICAL ASSOCIATES.Given To: Counsel on 9/30/03 (ti, ) (Entered: 09/30/2003)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ti, ) (Entered: 09/30/2003)
2 ORDER APPROVING STIPULATION THAT MUHLENBERG MEDICAL ASSOCIATES'S ANSWER SHALL BE FILED NO LATER THAN 12/3/03.. SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 11/21/03. 11/21/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 11/21/2003)
3 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Frank Olivieri served Summons and Complaint upon MUHLENBERG MEDICAL ASSOCIATES by personal. MUHLENBERG MEDICAL ASSOCIATES served on 10/29/2003, answer due 11/18/2003. (ph, ) (Entered: 11/24/2003)
4 ANSWER with affirmative defenses to Complaint, Certificate of service by MUHLENBERG MEDICAL ASSOCIATES.(ph, ) (Entered: 12/03/2003)
Issue Joined (ph, ) (Entered: 12/03/2003)
5 MOTION TO INTERVENE, MEMORANDUM, CERTIFICATE OF SERVICE (COMPLAINT ATTACHED filed by LEANNA STASTNY..(ph, ) (Entered: 12/05/2003)
6 THIRD PARTY COMPLAINT against JOSEPH R. HASSAN , filed by MUHLENBERG MEDICAL ASSOCIATES.(ph, ) (Entered: 12/05/2003)
Third Party Summons Issued as to JOSEPH R. HASSAN. Forwarded To: KEVIN MOORE on 12/5/03 (ph, ) (Entered: 12/05/2003)
9 Intervenor COMPLAINT , filed by LEANNA STASTNY.(ph, ) Additional attachment(s) added on 1/2/2004 (ph, ). (Entered: 01/02/2004)
7 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: F. Olivieri served Summons and Complaint upon

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01/02/2004
01/02/2004 01/30/2004 02/04/2004 02/06/2004 02/19/2004
03/01/2004 03/03/2004 03/08/2004 03/11/2004 05/04/2004

MUHLENBERG MEDICAL ASSOCIATES. MUHLENBERG MEDICAL ASSOCIATES served on 10/29/2003, answer due 11/18/2003. (ph, ) (Entered: 12/23/2003)
8 ORDER THAT LEANNA STASTNY'S MOTION TO INTERVENE IS GRANTED, THE COMPLAINT ATTACHED TO THE MOTION TO INTERVENE BE FILED WITH THE CLERK AS OF 12/4/03; IT IS FURTHER ORDERED THAT AFTER THE COMPLAINT IS SERVED UPON THE DEFENDANT, THE DEFENDANT SHALL RESPOND TO MRS. STASTNY'S COMPLAINT WITHIN THE TIME FRAME ESTABLISHED BY THE FRCP AND LOCAL RULES. . SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 1/2/04. 1/2/04 ENTERED AND COPIES MAILED (ph, ) (Entered: 01/02/2004)
Summons Issued on Intervenor complaint as to MUHLENBERG MEDICAL ASSOCIATES. Forwarded To: J. BARNETT, ESQ. on 1/2/04 (ph, ) (Entered: 01/02/2004)
10 Third Party MOTION to Dismiss Third Party Complaint filed by JOSEPH R. HASSAN.Memorandum, Certificate of Service.(HOWE, ANDREW) (Entered: 01/30/2004)
11 WAIVER OF SERVICE Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. MUHLENBERG MEDICAL ASSOCIATES waiver sent on 1/7/2004, answer due 3/8/2004. (ph, ) (Entered: 02/04/2004)
12 WAIVER OF SERVICE Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, LEANNA STASTNY. JOSEPH R. HASSAN waiver sent on 12/3/2003, answer due 2/2/2004. (ph, ) (Entered: 02/06/2004)
13 ORDER THAT UPON REVIEW OF THE STIPULATION, IT IS ORDERED THAT DEFENDANT'S ANSWER TO THIRD PARTY DEFENDANT'S MOTION TO DISMISS SHALL BE FILED NO LATER THAN 2/27/04. SIGNED BY FRANKLIN S. VAN ANTWERPEN ON 2/19/04. 2/19/04 ENTERED AND COPIES MAILED AND FAXED.(ph, ) (Entered: 02/19/2004)
14 STIPULATION of Dismissal by MUHLENBERG MEDICAL ASSOCIATES against JOSEPH R. HASSAN. (stb, ) (Entered: 03/02/2004)
15 ORDER THAT ACTION IS DISMISSED WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 3/2/04. 3/3/04 ENTERED AND COPIES MAILED AND FAXED.(stb, ) (Entered: 03/03/2004)
16 Answer and Affirmative Defenses to Intervenor Complaint by MUHLENBERG MEDICAL ASSOCIATES, Jury Trial Demanded, Certificate of SDervice.(jpd) (Entered: 03/08/2004)
17 THIRD PARTY COMPLAINT against JOSEPH R. HASSAN , filed by MUHLENBERG MEDICAL ASSOCIATES.(ph, ) (Entered: 03/12/2004)
18 WAIVER OF SERVICE Returned Executed JOSEPH R. HASSAN waiver sent on 4/1/2004, answer due 6/1/2004. (ph, ) (Entered: 05/04/2004)

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06/01/2004 06/15/2004 06/22/2004 06/29/2004 06/29/2004 07/09/2004 08/09/2004 08/17/2004 09/09/2004 09/14/2004 09/17/2004

19 Third Party MOTION to Dismiss Third Party Complaint filed by JOSEPH R. HASSAN.Memorandum and Certificate of Service.(HOWE, ANDREW) (Entered: 06/01/2004)
20 STIPULATION re 19 Third Party MOTION to Dismiss Third Party Complaint For Extension of Time by MUHLENBERG MEDICAL ASSOCIATES. (Attachments: # 1 Text of Proposed Order) (PHILLIPS, CHARLES) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 6/16/2004 (np). (Entered: 06/15/2004)
21 ORDER APPROVING STIPULATION THAT DEFENDANT'S ANSWER TO THIRD PARTY DEFENDANT'S MOTION TO DISMISS SHALL BE FILED NO LATER THAN 6/29/04.. SIGNED BY JUDGE HARVEY BARTLE III ON 6/22/04. 6/23/04 ENTERED AND COPIES MAILED AND FAXED.(ph, ) (Entered: 06/23/2004)
22 Response re 19 Third Party MOTION to Dismiss Third Party Complaint by MUHLENBERG MEDICAL ASSOCIATES. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service) (PHILLIPS, CHARLES) (Entered: 06/29/2004)
23 Memorandum of Law Contra Third Party Defendant's Motion to Dismiss re 19 Third Party MOTION to Dismiss Third Party Complaint filed by MUHLENBERG MEDICAL ASSOCIATES. (Attachments: # 1 Exhibit "A"# 2 Certificate of Service)(PHILLIPS, CHARLES) (Entered: 06/29/2004)
24 Self executing Disclosure with Certificate of service by MUHLENBERG MEDICAL ASSOCIATES.(ph, ) (Entered: 07/12/2004)
25 ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE FRANKLIN S. VAN ANTWERPEN TO JUDGE PAUL S. DIAMOND FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ON 8/9/04. 8/9/04 ENTERED AND COPIES MAILED AND FAXED.(ph, ) Modified on 8/9/2004 (ph, ). (Entered: 08/09/2004)
26 ORDER SET ORAL ARGUMENT ON JOSEPH R. HASSAN'S MOTION TO DISMISS THIRD PARTY COMPLAINT ON 9/14/04 AT 9:30 IN A COURTROOM TO BE SET. . SIGNED BY JUDGE PAUL S. DIAMOND ON 8/17/04. 8/18/04 ENTERED AND COPIES MAILED BY CHAMBERS(ph, ) (Entered: 08/18/2004)
27 Supplemental Memorandum of law in support re 19 Third Party MOTION to Dismiss Third Party Complaint and Oral Argument by JOSEPH R. HASSAN, Certificate of Service. (HOWE, ANDREW) Modified on 9/10/2004 (np). (Entered: 09/09/2004)
28 Minute Entry for proceedings held before Judge PAUL S. DIAMOND : Motion Hearing held on 9/14/04 re 19 Third Party MOTION to Dismiss Third Party Complaint filed by JOSEPH R. HASSAN Court Reporter: Andrea Mack. The court takes this matter under advisement. (mar, ) (Entered: 09/14/2004)
29 ORDER THAT A SETTLEMENT CONFERENCE IS SCHEDULED ON 9/28/2004 AT 2:00 PM. SIGNED BY JUDGE PAUL S. DIAMOND ON 9/16/2004. 9/17/2004 ENTERED AND COPIES FAXED BY

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09/29/2004
09/30/2004 09/30/2004 11/19/2004 11/19/2004
11/29/2004 11/29/2004 11/30/2004
12/02/2004

CHAMBERS.(mbh, ) (Entered: 09/17/2004)
30 ORDER THAT MOTION OF THIRD PARTY DEFENDANT JOSEPH R. HASSAN TO DISMISS THE THIRD PARTY COMPLAINT, THE RESPONSE OF ORIGINAL DEFENDANT MUHLENBERG MEDICAL ASSOCIATES, ANY RELATED SUBMISSIONS, IS DENIED AS MOOT . SIGNED BY JUDGE PAUL S. DIAMOND ON 9/29/04.9/30/04 ENTERED AND COPIES MAILED AND FAXED. (mar, ) (Entered: 09/30/2004)
31 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE PAUL S. DIAMOND ON 9/30/04. 9/30/04 ENTERED AND COPIES MAILED AND FAXED.(cdj, ) (Entered: 09/30/2004)
32 Minute Entry for proceedings held before Judge PAUL S. DIAMOND : Settlement Conference held on 9/28/04. Court Reporter: Andrea L. Mack. Counsel reach a settlement in this case. A 41.1b order is to follow. (mar, ) (Entered: 10/01/2004)
33 SETTLEMENT AGREEMENT /Consent Decree by Plaintiff, Equal Employment Opportunity Commisson and by MUHLENBERG MEDICAL ASSOCIATES. (SPEICHER, JOHN) (Entered: 11/19/2004)
34 Petition to Enforce Settlement Agreement filed by MUHLENBERG MEDICAL ASSOCIATES, Memorandum of Law, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Exhibit "A"# 3 Exhibit "B"# 4 Exhibit "C"# 5 Exhibit "D"# 6 Exhibit "E"# 7 Exhibit "F"# 8 Exhibit "G"# 9 Exhibit "H"# 10 Exhibit "I"# 11 Exhibit "J"# 12 Certificate of Service of Petition# 13 Memorandum in Support# 14 Certificate of Service of Memorandum) (SPEICHER, JOHN) Modified on 11/22/2004 (np). (Entered: 11/19/2004)
35 Cherie Biffel-Powell's Supplemental Response to Defendant Muhlenberg Medical Associates' Petition to Enforce Settlement Agreement with Certificate of Service. (wgc, ) Modified on 12/1/2004 (wgc, ). Additional attachment(s) added on 12/2/2004 (mac, ). (Entered: 11/30/2004)
36 Response to defendant MUHLENBERG MEDICAL ASSOCIATES' petition to enforce settlement agreement filed by CHERIE BIFFEL-POWELL, certificate of service. (Attachments: # 1 statement) (mac, ) (Entered: 11/30/2004)
37 ORDER THAT A STATUS CONFERENCE TO DISCUSS THE MOTION OF DEFENDANT MUHLENBERG MEDICAL ASSOCIATES TO ENFORCE THE SETTLEMENT AGREEMENT ON THURSDAY, DECEMBER 2, 2004, AT 2:00 P.M. IN ROOM 3000 . SIGNED BY JUDGE PAUL S. DIAMOND ON 11/29/04. 12/01/04 ENTERED AND COPIES E-MAILED. COPIES FAXED BY CHAMBER 11/30/04.(ac, ) (Entered: 12/01/2004)
38 ORDER THAT A HEARING HAS BEEN SET FOR 12/8/2004 10:00 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND TO DISCUSS THE MOTION OF THE DEFENDANT TO ENFORCE THE SETTLEMENT AGREEMENT. SIGNED BY JUDGE PAUL S. DIAMOND ON 12/2/04. 12/3/04 ENTERED AND COPIES MAILED BY CHAMBERS AND E-MAILED. (mac, ) (Entered: 12/03/2004)

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12/07/2004 12/08/2004 12/08/2004
12/09/2004

39 NOTICE by MUHLENBERG MEDICAL ASSOCIATES To Withdraw Petition to Enforce Settlement Agreement (Attachments: # 1 Certificate of Service)(SPEICHER, JOHN) (Entered: 12/07/2004)
40 ORDER THAT DEFENDANT'S MOTION TO ENFORCE THE SETTLEMENT AGREEMENT IS DENIED AS MOOT. SIGNED BY JUDGE PAUL S. DIAMOND ON 12/8/04. 12/9/04 ENTERED AND COPIES MAILED AND FAXED.(mac, ) Additional attachment(s) added on 12/9/2004 (mac, ). (Entered: 12/09/2004)
41 CONSENT DECREE THAT THIS CASE SHALL BE AND HEREBY DISMISSED WITH PREJUDICE, SUBJECT TO THE COURT'S JURISDICTION TO ENFORCE THE PROVISIONS OF THE CONSENT DECREE. EEOC AND DEFENDANT SHALL BEAR THEIR OWN COSTS AND ATTORNEY'S FEES. SIGNED BY JUDGE PAUL S. DIAMOND ON 12/7/04. 12/9/04 ENTERED AND COPIES MAILED AND FAXED.(mac, ) (Entered: 12/09/2004)
42 TRANSCRIPT of Proceedings held on 9/28/04 before Judge Diamond. Court Reporter: A. Mack. (wgc, ) (Entered: 12/10/2004)

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