IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MARIANNE SAWICKI, :

: Civil Action No. 4:10-MC-00032

Plaintiff, :

:

v. :

: (Judge McClure)

THE PENNSYLVANIA STATE :

UNIVERSITY AND THE CENTRE :

COUNTY OFFICE OF MENTAL :

HEALTH/MENTAL :

RETARDATION-DRUG AND :

ALCOHOL, :

:

Defendants. :

:

MEMORANDUM

January 28, 2010

BACKGROUND:

On January 25, 2010, Marianne Sawicki filed a document entitled “Motion

for Order to Produce Documents.” (Rec. Doc. No. 1). As part of this motion,

Sawicki requests that this Court order that the Pennsylvania State University and

the Office of Mental Health/Mental Retardation-Drug and Alcohol in Centre

County, Pennsylvania, release particular documents to her that concern her alleged

detention by Pennsylvania State University police on or about January 14, 2010. 

Id. at 1-2. In her motion, Sawicki claims that these documents are necessary for

Case 4:10-mc-00032-JFM Document 3 Filed 01/28/10 Page 1 of 5
2

her to prepare a suit under the contract laws of the Commonwealth of

Pennsylvania, the Fourth Amendment to the United States Constitution, or the

Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et. seq. Id. at 2.

DISCUSSION:

Pursuant to Rule 2 of the Federal Rules of Civil Procedure, “[t]here is one

form of action–the civil action.” An individual commences a civil action “by filing

a complaint with the court.” Fed. R. Civ. P. 3. A pleading that requests relief must

also contain, inter alia, a statement setting forth the basis for the court’s

jurisdiction. See Fed. R. Civ. P. 8(a)(1). If it is the determination of the court that

it does not have subject-matter jurisdiction, it is required that the court dismiss the

action. See Fed. R. Civ. P. 12(h)(3).

Assuming that Ms. Sawicki had filed a complaint properly setting forth

claims under the Fourth Amendment and the ADA, this Court would have socalled federal question jurisdiction. See 28 U.S.C. § 1331 (stating that “[t]he

district courts shall have original jurisdiction of all civil actions arising under the

Constitution, laws, or treaties of the United States”). We could also exercise socalled supplemental jurisdiction over state law claims raised by Ms. Sawicki, such

as a claim based on the contract laws of the Commonwealth of Pennsylvania. See

28 U.S.C. § 1367 (stating that, with certain exceptions, “in any civil action of

Case 4:10-mc-00032-JFM Document 3 Filed 01/28/10 Page 2 of 5
1

 The ADA prohibits employers from discriminating on the basis of

disability. See 42 U.S.C. § 12111 et. seq. The enforcement scheme and

procedures of Title VII of the Civil Rights Act of 1964 are utilized within the

ADA. See 42 U.S.C. §§ 2000e-4, - 2000e-9; see also 42 U.S.C. § 12117(a). As

Pennsylvania is a deferral state, a claimant who wishes to bring a civil suit under

Title VII must first file a charge of discrimination with the Equal Employment

Opportunity Commission (“EEOC”) within 300 days of the alleged discriminatory

act. See 42 U.S.C. § 2000e-5(e); see also Colgan v. Fisher Scientific Co., 935 F.2d

1407, 1413-15 (3d Cir. 1991).

3

which the district courts have original jurisdiction, the district courts shall have

supplemental jurisdiction over all other claims that are so related to claims in the

action within such original jurisdiction that they form part of the same case or

controversy under Article III of the United States Constitution”).

However, in the present matter, Ms. Sawicki has not filed a complaint;

instead, she has simply filed a document entitled “Motion for Order to Produce

Documents.” (Rec. Doc. No. 1). Ms. Sawicki has failed to properly initiate an

action, as she has not filed a complaint in this Court.1

 However, even if we were to

construe Ms. Sawicki’s motion as being her complaint, at the very least Ms.

Sawicki has not set forth the basis for this Court’s jurisdiction in the present matter

pursuant to Fed. R. Civ. P. 8(a)(1). As such, we conclude that, at the present time,

we lack subject-matter jurisdiction over the action and that the motion must be

denied. The present action will therefore be dismissed.

We would also note that, should Ms. Sawicky properly initiate an action

Case 4:10-mc-00032-JFM Document 3 Filed 01/28/10 Page 3 of 5
4

with this Court, she would then be entitled to conduct discovery. As part of the

discovery process, Ms. Sawicky would be able to seek discovery concerning “any

non-privileged matter that is relevant to any party’s claim or defense . . . .” Fed. R.

Civ. P. 26(b)(1). Items are discoverable even if they would not be admissible at

trial, so long as “the discovery appears reasonably calculated to lead to the

discovery of admissible evidence.” Id. Today, we make no decision as to the

merits of Ms. Sawicki’s motion seeking an order to require the production of

documents. Instead, we simply conclude that such a motion is premature when, as

in the present matter, a complaint has yet to be filed with this Court.

CONCLUSION:

In light of the foregoing, we will deny, without prejudice, Ms. Sawicki’s

“Motion for Order to Produce Documents.” (Rec. Doc. No. 1). As such, we will

dismiss the present matter. Ms. Sawicki is free to file a complaint with this Court

at a later time consistent with the Federal Rules of Civil Procedure and federal law.

 s/ James F. McClure, Jr. 

James F. McClure, Jr.

United States District Judge

IN THE UNITED STATES DISTRICT COURT

Case 4:10-mc-00032-JFM Document 3 Filed 01/28/10 Page 4 of 5
5

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MARIANNE SAWICKI, :

: Civil Action No. 4:10-MC-00032

Plaintiff, :

:

v. :

: (Judge McClure)

THE PENNSYLVANIA STATE :

UNIVERSITY AND THE CENTRE :

COUNTY OFFICE OF MENTAL :

HEALTH/MENTAL :

RETARDATION-DRUG AND :

ALCOHOL, :

:

Defendants. :

:

O R D E R

January 28, 2010

In accordance with the accompanying Memorandum, IT IS HEREBY

ORDERED THAT:

1. Ms. Sawicki’s “Motion for Order to Produce Documents” is DENIED,

without prejudice, for lack of subject matter jurisdiction. (Rec. Doc. No. 1).

2. The clerk is directed to close the file.

 s/ James F. McClure, Jr. 

James F. McClure, Jr.

United States District Judge

Case 4:10-mc-00032-JFM Document 3 Filed 01/28/10 Page 5 of 5