Doe et al v. Schuylkill County Courthouse et al
Case Summary
On March 16, 2021, Jane Doe, Jane Doe 2, Jane Doe 3 and Jane Doe 4 (“Plaintiffs”), represented by Catherine W Smith of Derek Smith Law Group, PLLC, filed a civil right lawsuit against Schuylkill County (hereinafter referred to as “Defendant SC”), George Halcovage (hereinafter referred to as “Defendant Halcovage”), Glenn Roth, Esquire (hereinafter referred to as “Defendant Roth”), Gary Bender (hereinafter referred to as “Defendant Bender”), and Doreen Kutzler (hereinafter referred to as “Defendant Kutzler”) (collectively, “Defendants”), represented by Allan Townsend of DoJ-Crt, Christopher L. Scott of Thomas, Thomas & Hafer LLP, Frederick J. Fanelli of Fanelli Evans & Patel, P.C., Gerard J. Geiger of Newman Williams, Matthew J. Connell and Tricia M. Ambrose of MacMain, Connell & Leinhauser, LLC, Nicole Ippolito of McNerney Page Vanderlin & Hall, Paul Gregory Lees of Dickie, McCamey & Chilcote, P.C., Samantha Ryan of The Law Offices of Keith N. Renaldo, P.C. and Sudhir R. Patel of Fanelli, Evans & Patel, P.C., seeking back pay and front pay, punitive damages, liquidated damages, statutory damages and costs of litigation for alleged unlawful discrimination, hostile work environment, intimidation, and retaliation by Defendants. This case was filed in the U.S. District Court in the Middle District of Pennsylvania with Judges Malachy E Mannion and Martin C. Carlson presiding.
In the complaint, Plaintiffs alleged that “On or around November 2011, Defendant SC hired Plaintiff Doe 3 as a Tax Claim Director” and that “Sometime thereafter, Defendant SC hired Plaintiff Doe 4” and “Almost immediately after being hired, Defendant Halcovage told Plaintiffs Doe 3 and Doe 4 that if they wanted a raise or to receive promotions in their employment with Defendants, they would have to change their political party to Republican,” and also that “Plaintiffs Doe 3 and Doe 4 reluctantly did as they were instructed for fear that their jobs would be in jeopardy if they refused and additionally that their promotion opportunities would be limited if they refused.”
The Plaintiffs also alleged that “Upon information and belief, neither Defendant Roth nor Defendant Bender conducted any investigation, did not report Defendant Halcovage’s behavior to HR, they did not ask Ms. Murray if the comments and conduct were unwelcome, nor did they take any remedial action.” The Plaintiff’s also alleged that “Defendant Roth and Defendant Bender’s failure to act left Plaintiffs feeling that reporting Defendant Halcovage unlawful treatment of them would be futile.”
The Plaintiffs further alleged that “Furthermore, upon information and belief, in June or July 2020, Defendant Halcovage stopped requesting Sheriff Groody’s attendance at meetings because Sheriff Groody opposed Defendant Halcovage’s unlawful behavior and was taking steps to prevent it,” and that “Upon information and belief, Defendant Roth, Defendant Bender, and Deborah Twigg did not assist Sheriff Groody in his efforts to protect those individuals, including Plaintiff Doe, who reported Defendant Halcovage.”
The Plaintiffs have laid down eleven claims for relief. The first, second and third claim is against Defendant SC for alleged discrimination under TITLE VII, for alleged retaliation under Title VII, and for alleged hostile work environment under Title VII 42 U.S.C. § 2000E-2. The fourth claim is alleged discrimination under State law. The fifth claim is for alleged retaliation under State law. The sixth claim is for aiding and abetting under State law. The seventh claim is for alleged hostile work under State law. The eighth claim is against Halcovage, Roth, and Bender for alleged intentional infliction of emotional distress (“IIED”). The ninth claim is against Halcovage, Roth, and Bender for negligent infliction of emotional distress (“NIED”). The tenth claim is against Halcovage for alleged violation of State Privacy law. The last claim is for alleged negligent hiring, training and supervision.
In the prayer for relief, the Plaintiffs have requested the Court to award back pay and front pay, punitive damages, liquidated damages, statutory damages, attorneys’ fees, costs, and disbursements of action, and for such other relief as the Court deems just and proper.
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Case Details
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Case Number:
3:21-CV-00477
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Filing Date:
03/16/2021
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Case Status:
Pending - Other Pending
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Case Type:
Civil Right - Employment Discrimination
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Court:
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Courthouse:
Judge Details
Presiding Judges
Malachy E Mannion
Martin C. Carlson
Party Details
Plaintiffs
Jane Doe
Jane Doe 3
Jane Doe 2
Jane Doe 4
Intervenor Plaintiff
UNITED STATES OF AMERICA
Petitioner
Maria Casey
Defendants
Schuylkill County Courthouse
George Halcovage
Glenn Roth
Gary Bender
Doreen Kutzler
HEIDI ZULA
Not Classified By Court
Mediator
Attorney/Law Firm Details
Plaintiff Attorney
Catherine W Smith
Attorney at Derek Smith Law Group, PLLC
1835 Market Street, Suite 2950
Philadelphia, PA 19103
Intervenor Plaintiff Attorney
Allan Townsend
Attorney at DOJ-Crt
4 Constitution Square, 150 M Street, Ne
Washington, DC 20530
Petitioner Attorneys
Sudhir R. Patel
Attorney at Fanelli, Evans & Patel, P.C.
1 Mahantongo Street
Pottsville, PA 17901
Frederick J. Fanelli
Attorney at Fanelli Evans & Patel, P.C.
No. 1 Manatongo Street
Pottsville, PA 17901
Defendant Attorneys
Christopher L. Scott
Attorney at Thomas, Thomas & Hafer LLP
305 N Front Street
Harrisburg, PA 17101
Gerard J. Geiger
Attorney at Newman Williams
712 Monroe Street
Stroudsburg, PA 18360
Matthew J. Connell
Attorney at MacMain, Connell & Leinhauser, LLC
433 W. Market Street, Suite 200
West Chester, PA 19382
Samantha Ryan
Attorney at The Law Offices of Keith N. Renaldo, P.C.
218 N Church Street, Suite 218E
West Chester, PA 19380
Tricia M. Ambrose
Attorney at MacMain, Connell & Leinhauser, LLC
433 W. Market Street, Suite 200
West Chester, PA 19382
Nicole Ippolito
Attorney at McNerney Page Vanderlin & Hall
433 Market Street
Williamsport, PA 17701
Paul Gregory Lees
Attorney at Dickie, McCamey & Chilcote, P.C.
190 Brodhead Road, Suite 310
Bethlehem, PA 18017
Not Classified By Court Attorney
Joseph Anthony Barrett
Attorney at Office of Clerk of Court
235 N. Washington Ave., William J. Nealon Federal Building
Scranton, PA 18501
Court Documents
(#108) RESPONSE by George Halcovage to #106 MOTION to Intervene . (Geiger, Gerard) (Entered: 04/04/2022)
Unpublished Opinion(s) Audi of Am., Inc. v. Bronsberg & Hughes Pontiac, Inc.
Unpublished Opinion(s) Land v. Delaware River Basin Comm'n
(#107) BRIEF IN SUPPORT re #106 MOTION to Intervene filed by UNITED STATES OF AMERICA. (Attachments: #1 Unpublished Opinion(s) Land v. Delaware River Basin Comm'n, #2 Unpublished Opinion(s) Audi of Am., Inc. v. Bronsberg & Hughes Pontiac, Inc.)(Townsend, Allan) (Entered: 04/01/2022)
Exhibit(s) Two - Complaint of Plaintiff-Intervenor
Exhibit(s) One - Certification of Public Importance
Certificate of Nonconcurrence
Proposed Order
(#106) MOTION to Intervene by UNITED STATES OF AMERICA. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence, #3 Exhibit(s) One - Certification of Public Importance, #4 Exhibit(s) Two - Complaint of Plaintiff-Intervenor)(Townsend, Allan) (Entered: 04/01/2022)
Certificate of Nonconcurrence
Exhibit(s)
Summons Packet
Civil Cover Sheet
Docket Entries
- 04/04/2022
- View Court Documents
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Docket(#108) RESPONSE by George Halcovage to #106 MOTION to Intervene . (Geiger, Gerard) (Entered: 04/04/2022)
- 04/01/2022
- View Court Documents
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Docket(#107) BRIEF IN SUPPORT re #106 MOTION to Intervene filed by UNITED STATES OF AMERICA. (Attachments: #1 Unpublished Opinion(s) Land v. Delaware River Basin Comm'n, #2 Unpublished Opinion(s) Audi of Am., Inc. v. Bronsberg & Hughes Pontiac, Inc.)(Townsend, Allan) (Entered: 04/01/2022)
- 04/01/2022
- View Court Documents
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Docket(#106) MOTION to Intervene by UNITED STATES OF AMERICA. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence, #3 Exhibit(s) One - Certification of Public Importance, #4 Exhibit(s) Two - Complaint of Plaintiff-Intervenor)(Townsend, Allan) (Entered: 04/01/2022)
- 03/25/2022
- View Court Documents
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Docket(#105) RESPONSE by George Halcovage to #103 First MOTION to Intervene . (Attachments: #1 Exhibit(s) A--Computer Network and Internet Access Policy)(Geiger, Gerard) (Entered: 03/25/2022)
- 03/21/2022
- View Court Documents
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Docket(#104) BRIEF IN SUPPORT re #103 First MOTION to Intervene filed by Maria Casey.(Patel, Sudhir) (Entered: 03/21/2022)
- 03/21/2022
- View Court Documents
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Docket(#103) First MOTION to Intervene by Maria Casey. (Attachments: #1 Exhibit(s) Exhibit A)(Patel, Sudhir) (Entered: 03/21/2022)
- 03/14/2022
- View Court Documents
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Docket(#102) ORDER - IT IS HEREBY ORDERED THAT counsel shall file letter briefs and related materials outlining their respective positions on this issue on or before Monday, March 21, 2022. Signed by Magistrate Judge Martin C. Carlson on March 14, 2022. (kjn) (Entered: 03/14/2022)
- 03/06/2022
- View Court Documents
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Docket(#100) Letter from Gerard J. Geiger, Esq. re right of parties to attend all discovery depositions in person. (Geiger, Gerard) (Entered: 03/06/2022)
- 02/04/2022
- View Court Documents
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Docket(#99) BRIEF IN OPPOSITION re #95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFFS' SECOND AMENDED COMPLAINT filed by Jane Doe, Jane Doe 2, Jane Doe 3, Jane Doe 4. (Attachments: #1 Affidavit Certificate of Word Count, #2 Proposed Order, #3 Unpublished Opinion(s), #4 Affidavit Certificate of Service)(Smith, Catherine) (Entered: 02/04/2022)
- 01/31/2022
- View Court Documents
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Docket(#98) BRIEF IN OPPOSITION re #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jane Doe, Jane Doe 2, Jane Doe 3, Jane Doe 4. (Attachments: #1 Affidavit Certificate of Word Count, #2 Proposed Order, #3 Unpublished Opinion(s), #4 Certificate of Service)(Smith, Catherine) (Entered: 01/31/2022)
- 03/25/2021
- View Court Documents
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Docket(#10) NOTICE of Appearance by Christopher L. Scott on behalf of Gary Bender, Glenn Roth, Schuylkill County Courthouse (Scott, Christopher) (Entered: 03/25/2021)
- 03/25/2021
- View Court Documents
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Docket(#9) WAIVER OF SERVICE Returned by Jane Doe 2, Jane Doe 4, Jane Doe, Jane Doe 3. Schuylkill County Courthouse waiver sent on 3/23/2021, answer due 5/24/2021. (Smith, Catherine) (Entered: 03/25/2021)
- 03/25/2021
- View Court Documents
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Docket(#8) WAIVER OF SERVICE Returned by Jane Doe 2, Jane Doe 4, Jane Doe, Jane Doe 3. Gary Bender waiver sent on 3/23/2021, answer due 5/24/2021. (Smith, Catherine) (Entered: 03/25/2021)
- 03/25/2021
- View Court Documents
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Docket(#7) WAIVER OF SERVICE Returned by Jane Doe 2, Jane Doe 4, Jane Doe, Jane Doe 3. Glenn Roth waiver sent on 3/23/2021, answer due 5/24/2021. (Smith, Catherine) (Entered: 03/25/2021)
- 03/24/2021
- View Court Documents
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Docket(#6) WAIVER OF SERVICE Returned by George Halcovage. George Halcovage waiver sent on 3/23/2021, answer due 5/24/2021. (Geiger, Gerard) (Entered: 03/24/2021)
- 03/22/2021
- View Court Documents
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Docket(#5) NOTICE of Appearance by Gerard J. Geiger on behalf of George Halcovage (Geiger, Gerard) (Entered: 03/22/2021)
- 03/19/2021
- View Court Documents
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Docket(#4) MEMORANDUM OF LAW by Jane Doe, Jane Doe 2, Jane Doe 3, Jane Doe 4 re #3 First MOTION for Preliminary Injunction . (Attachments: #1 Certificate of Nonconcurrence)(Smith, Catherine) (Entered: 03/19/2021)
- 03/17/2021
- View Court Documents
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Docket(#3) First MOTION for Preliminary Injunction by Jane Doe, Jane Doe 2, Jane Doe 3, Jane Doe 4. (Attachments: #1 Exhibit(s))(Smith, Catherine) (Entered: 03/17/2021)
- 03/17/2021
- View Court Documents
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Docket(#2) Summons Issued as to Gary Bender, George Halcovage, Glenn Roth, Schuylkill County Courthouse and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (ao) (Entered: 03/17/2021)
- 03/16/2021
- View Court Documents
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Docket(#1) COMPLAINT against Gary Bender, George Halcovage, Glenn Roth, Schuylkill County Courthouse ( Filing fee $402, Receipt Number APAMDC-551390), filed by Jane Doe 2, Jane Doe 4, Jane Doe, Jane Doe 3. (Attachments: #1 Civil Cover Sheet)(ao) (Entered: 03/17/2021)
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