Pennsylvania Western District Court
Judge:Joy Flowers Conti
Case #: 2:18-cv-00713
Nature of Suit442 Civil Rights - Employment
Cause28:1441 Petition for Removal - Employment Discrim
Case Filed:May 29, 2018
Terminated:Oct 16, 2018
Last checked: Sunday Nov 25, 2018 3:17 AM EST
Defendant
MED HEALTH SERVICES, INC.
Represented By
Katherine E. Koop
Tucker Arensberg
contact info
Albert S. Lee
Tucker Arensberg, P.C.
contact info
Plaintiff
BELVIA LEVKUS
Represented By
Nicholas M. Pahuta
Steele Schneider
contact info
Marcus B. Schneider
Steele Schneider
contact info
TERMINATED PARTIES
Mediator
SALLY GRIFFITH CIMINI
Terminated: 10/11/2018
Represented By
Sally G. Cimini
Leech Tishman Fuscaldo & Lampl
contact info

GPO Aug 27 2018
MEMORANDUM OPINION & ORDER re 18 Order on Motion to Dismiss for Failure to State a Claim Signed by Chief Judge Joy Flowers Conti on 8/27/18. (mh)

Docket last updated: 05/17/2024 11:59 PM EDT
Tuesday, October 30, 2018
33 33 order Order Tue 10/30 1:05 PM
ORDER re32 Stipulation of Dismissal filed by BELVIA LEVKUS. Based on the foregoing Stipulation of Voluntary Dismissal the case is dismissed with prejudice. Signed by Chief Judge Joy Flowers Conti on 10/30/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
Related: [-]
Monday, October 29, 2018
32 32 misc Stipulation of Dismissal Mon 10/29 9:25 AM
STIPULATION of Dismissal by BELVIA LEVKUS. (Pahuta, Nicholas)
Related: [-]
Tuesday, October 16, 2018
31 31 order Statistical Case Closing Tue 10/16 11:02 AM
ORDER FOR STATISTICAL CLOSING. The court has been advised that the above-captioned action has been settled and that the only matter remaining to be completed is submission of a stipulation for dismissal under Fed.R.Civ.P. 41(a). It appears that there is no further action required by the court at this time. IT IS HEREBY ORDERED that the Clerk mark the above-captioned case closed; that nothing contained in this order shall be considered a dismissal or disposition of this action, and that should further proceedings therein become necessary or desirable, either party may initiate the same in the same manner as if this order had not been entered. IT IS FURTHER ORDERED that the court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including but not limited to enforcing settlement. Signed by Chief Judge Joy Flowers Conti on 10/16/2018. (smc)
Related: [-]
Thursday, October 11, 2018
30 30 adr Report of Mediation Thu 10/11 4:27 PM
REPORT of Mediation: Case has been resolved. SALLY GRIFFITH CIMINI terminated. Attorney Sally G. Cimini terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 10/4/2018. (Cimini, Sally)
Related: [-]
Monday, October 01, 2018
29 29 adr Notice of Mediation Mon 10/01 9:04 AM
Notice of Mediation by BELVIA LEVKUS. Mediation Date October 4, 2018 at 10:00a.m. (Pahuta, Nicholas)
Related: [-]
Wednesday, September 26, 2018
28 28 2 pgs order Order Referring Case to Mediation Wed 09/26 11:58 AM
ORDER REFERRING CASE to Mediation. Sally Griffith Cimini is appointed as mediator. Party SALLY GRIFFITH CIMINI added. Signed by Chief Judge Joy Flowers Conti on 9/26/2018. (smc)
Related: [-]
27 27 2 pgs order Order Wed 09/26 11:56 AM
ORDER IMPLEMENTING FEDERAL RULE OF EVIDENCE 502(D). Signed by Chief Judge Joy Flowers Conti on 9/26/2018. (smc)
Related: [-]
26 26 order Case Management Order Wed 09/26 11:55 AM
CASE MANAGEMENT ORDER: Discovery due by 3/4/2019. Post-Discovery Status Conference set for 3/12/2019 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 9/26/2018. (smc)
Related: [-]
Friday, September 21, 2018
minutes Initial Case Management Conference ~Util - Set Hearings Fri 09/21 5:14 PM
Minute Entry for proceedings held before Chief Judge Joy Flowers Conti: Initial Case Management Conference held on 9/21/2018, (Post-Discovery Status Conference set for 3/12/2019 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti.) Court held case management conference and court discussed ESI issues. Motion is required to amend the pleadings. Parties will file a confidentiality agreement. Attorney Nicholas Pahuta to file notice of date, time and location of mediation by 10/5/2018. Post-discovery status conference set for 3/12/2018. Case management, 502(d) Clawback and ADR orders to follow. All as more fully stated on the record (Court Reporter: Sandy Wenger) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (msp)
Related: [-]
Friday, September 14, 2018
25 25 answer Answer to Amended Complaint Fri 09/14 4:26 PM
ANSWER to21 Amended Complaint (Third Amended Complaint) by MED HEALTH SERVICES, INC.. (Koop, Katherine)
Related: [-]
Friday, September 07, 2018
24 24 misc Amended Document (NOT Motion) Do NOT use for amended complaint Fri 09/07 12:34 PM
AMENDED DOCUMENT by BELVIA LEVKUS. Amendment to23 Stipulation Selecting ADR process. (Pahuta, Nicholas)
Related: [-]
misc QC - Generic (only use if no other QC events apply) Fri 09/07 12:21 PM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re23 Stipulation Selecting ADR process. ERROR: Wrong version of form used for document. CORRECTION: Counsel is advised the Stipulation Selecting ADR form has been updated. Dispose of all previous versions of the Stipulation and begin using the amended form, with the revision date 4/2017. This message is for informational purposes only. (jv)
Related: [-]
Thursday, September 06, 2018
23 23 adr Stipulation Selecting ADR process Thu 09/06 3:47 PM
STIPULATION selecting ADR process by BELVIA LEVKUS. (Pahuta, Nicholas)
Related: [-]
Tuesday, September 04, 2018
22 22 misc Report of Rule 26(f) Planning Meeting Tue 09/04 3:29 PM
REPORT of Rule 26(f) Planning Meeting. (Pahuta, Nicholas)
Related: [-]
Friday, August 31, 2018
21 21 cmp Amended Complaint Fri 08/31 3:21 PM
Third AMENDED COMPLAINT against MED HEALTH SERVICES, INC. ; MED HEALTH SERVICES, INC. answer due 9/14/2018, filed by BELVIA LEVKUS. (Pahuta, Nicholas)
Related: [-]
Tuesday, August 28, 2018
20 20 notice Notice of Appearance Tue 08/28 9:09 AM
NOTICE of Appearance by Albert S. Lee on behalf of MED HEALTH SERVICES, INC.. (Lee, Albert)
Related: [-]
Monday, August 27, 2018
19 19 6 pgs order Memorandum Opinion & Order Mon 08/27 3:12 PM
MEMORANDUM OPINION & ORDER re18 Order on Motion to Dismiss for Failure to State a Claim Signed by Chief Judge Joy Flowers Conti on 8/27/18. (mh)
Related: [-]
18 18 1 pgs order Order on Motion to Dismiss for Failure to State a Claim Mon 08/27 3:11 PM
ORDER denying7 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Joy Flowers Conti on 8/27/18. (mh)
Related: [-]
Friday, August 17, 2018
17 17 respm Sur-Reply Brief Fri 08/17 5:19 PM
Sur-Reply Brief filed by BELVIA LEVKUS. (Pahuta, Nicholas)
Related: [-]
Monday, August 06, 2018
16 16 order Order Response/Briefing Schedule Mon 08/06 1:31 PM
ORDER Response/Briefing Schedule re15 Reply Brief Plaintiff's sur-reply brief shall be due by 8/17/2018. The sur-reply shall be limited to new issues raised in defendant's reply brief and shall not exceed five pages. Signed by Chief Judge Joy Flowers Conti on 8/3/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mh)
Related: [-]
Friday, August 03, 2018
15 15 respm Reply Brief Fri 08/03 2:26 PM
REPLY BRIEF re10 Brief in Opposition to Motion filed by MED HEALTH SERVICES, INC.. (Koop, Katherine)
Related: [-]
Thursday, August 02, 2018
14 14 order Initial Local Rule 16.1 Scheduling Order Thu 08/02 4:07 PM
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Rule 26 Meeting Report http://www.pawd.uscourts.gov/sites/pawd/files/RULE26-F-20161101.pdf and Stipulation Selecting ADR Process http://www.pawd.uscourts.gov/sites/pawd/files/ADRSTIP-FEB2014_w_0.pdfdue by 9/6/2018. Case Management set for 9/21/2018 at 03:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. All counsel and unrepresented parties shall bring their calendars to the conference for scheduling purposes. The parties should be prepared to discuss settlement, the designation of an Alternative Dispute Resolution process and any other matter that will contribute to the prompt disposition of the case. The parties shall be prepared to address and argue all pending motions at the scheduling conference. Any party filing a motion prior to the scheduling conference to which a response is required but not filed shall file a motion for a continuance of the scheduling conference until the response is due. Signed by Chief Judge Joy Flowers Conti on 8/2/2018. (smc)
Related: [-]
Thursday, July 26, 2018
13 13 1 pgs order Order on Motion for Leave to File Thu 07/26 1:25 PM
ORDER granting12 Motion for Leave to File Reply to Plaintiff's Memorandum in Opposition to Defendant's Motion for Partial Dismissal of Plaintiff's Second Amended Complaint. Defendant shall file its Reply on or before 8/3/2018. Signed by Chief Judge Joy Flowers Conti on 7/26/2018. (smc)
Related: [-]
Wednesday, July 25, 2018
12 12 motion Leave to File Wed 07/25 2:05 PM
MOTION for Leave to File REPLY TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR PARTIAL DISMISSAL OF PLAINTIFF'S SECOND AMENDED COMPLAINT (UNCONTESTED MOTION) by MED HEALTH SERVICES, INC.. (Koop, Katherine)
Related: [-]
Att: 1 Proposed Order
11 11 misc Stipulation Wed 07/25 1:14 PM
STIPULATION (Joint Stipulation) by MED HEALTH SERVICES, INC. (Koop, Katherine)
Related: [-]
Att: 1 Exhibit A
Tuesday, July 17, 2018
10 10 respm Brief / Memorandum of Law in Opposition to Motion Tue 07/17 5:16 PM
BRIEF in Opposition re7 Motion to Dismiss for Failure to State a Claim filed by BELVIA LEVKUS. (Pahuta, Nicholas)
Related: [-]
9 9 respm Response to Motion Tue 07/17 5:15 PM
RESPONSE to Motion re7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BELVIA LEVKUS. (Pahuta, Nicholas)
Related: [-]
Att: 1 Proposed Order
Tuesday, June 26, 2018
8 8 respm Brief / Memorandum of Law in Support of Motion Tue 06/26 3:44 PM
BRIEF in Support re7 Motion to Dismiss for Failure to State a Claim filed by MED HEALTH SERVICES, INC.. (Koop, Katherine)
Related: [-]
7 7 motion Dismiss for Failure to State a Claim Tue 06/26 3:43 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MED HEALTH SERVICES, INC.. (Koop, Katherine)
Related: [-]
Att: 1 Proposed Order
Tuesday, June 12, 2018
6 6 cmp Amended Complaint Tue 06/12 9:55 AM
Second AMENDED COMPLAINT linked to Notice of Removal against MED HEALTH SERVICES, INC. ;, filed by BELVIA LEVKUS. (Pahuta, Nicholas)
Related: [-]
Att: 1 Exhibit Exhibit A
Friday, June 01, 2018
5 5 misc Stipulation for Extension of Time to Answer Fri 06/01 4:33 PM
Stipulation for Extension of Time to Answer by MED HEALTH SERVICES, INC. Answer due from MED HEALTH SERVICES, INC. on 6/22/2018. (Koop, Katherine)
Related: [-]
4 4 misc Disclosure Statement (LR 7.1.1) Fri 06/01 11:10 AM
Disclosure Statement identifying None as corporate parent or other affiliate, by MED HEALTH SERVICES, INC.. (Koop, Katherine)
Related: [-]
3 3 5 pgs order Order Fri 06/01 10:25 AM
ORDER ON MOTION PRACTICE. Signed by Chief Judge Joy Flowers Conti on 6/1/2018. (smc)
Related: [-]
2 2 adr Notice of ADR Designation Fri 06/01 10:22 AM
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (smc)
Related: [-]
Wednesday, May 30, 2018
misc QC - Party did not file Disclosure Statement Wed 05/30 1:52 PM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re1 Notice of Removal,. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 6/6/2018. (jv)
Related: [-]
Tuesday, May 29, 2018
1 1 cmp Notice of Removal (for Clerk of Court personnel only) Wed 05/30 1:50 PM
NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County, case number Gd-18-004506 (Filing fee, including Administrative fee, $400, receipt number 0315-4743072), filed by MED HEALTH SERVICES, INC. (jv)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Exhibit A - Including Complaint,
Att: 3 Exhibit B,
Att: 4 Exhibit C - Including Amended Complaint,
Att: 5 Exhibit D