Pennsylvania Western District Court
Judge:Nora Barry Fischer
Case #: 2:23-cv-02015
Nature of Suit442 Civil Rights - Employment
Cause42:12101 The Americans with Disabilities Act of 1990
Case Filed:Nov 21, 2023
Terminated:Oct 09, 2024
Last checked: Sunday May 19, 2024 5:15 AM EDT
Defendant
UPMC MAGEE-WOMENS HOSPITAL
Represented By
Jennifer S. Park
Dentons Cohen & Grigsby P.C.
contact info
Michael Disotell
Dentons Cohen & Grigsby
contact info
Plaintiff
RACHEL TURCO POLLY
Represented By
Justin Michael Bahorich, I
J.P. Ward & Associates, LLC
contact info


Docket last updated: 30 minutes ago
Monday, November 18, 2024
47 47 1 pgs order Order Mon 11/18 8:11 PM
ORDER granting46 Stipulation of Dismissal filed by UPMC MAGEE-WOMENS HOSPITAL. The Complaint and this action are hereby dismissed, with prejudice. Each side is to bear its own costs and attorneys' fees. Signed by Judge Nora Barry Fischer on 11/18/2024. (lyk)
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46 46 misc Stipulation of Dismissal (Atty) Mon 11/18 4:37 PM
STIPULATION of Dismissal with Prejudice by UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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Att: 1 Proposed Order
Wednesday, October 09, 2024
44 44 2 pgs order Order for Administrative Case Closing Wed 10/09 4:50 PM
ORDER FOR ADMINISTRATIVE CLOSING. The Court having been advised by the Court appointed Neutral, the Honorable Kenneth J. Benson, and counsel for the parties that the above captioned case has been resolved, the Clerk shall mark case closed. 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 Judge Nora Barry Fischer on 10/9/2024. (lyk)
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43 43 adr Report of Mediation Wed 10/09 2:39 PM
REPORT of Mediation: Mediation held on 10/8/2024. Case has been resolved. KENNETH BENSON terminated. Attorney Kenneth J. Benson terminated. The parties are reminded of their obligation to complete the ADR questionnaire within 5 days of the conclusion of the ADR process. The online questionnaire can be accessed on [LINK:the court's website] . (Benson, Kenneth)
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Friday, August 30, 2024
42 42 4 pgs order Order Fri 08/30 1:04 PM
ORDER and41 Stipulated Protective Order filed by UPMC MAGEE-WOMENS HOSPITAL. Signed by Judge Nora Barry Fischer on 8/30/2024. (bdk)
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41 41 misc Stipulated Protective Order Fri 08/30 10:25 AM
STIPULATED PROTECTIVE ORDER by UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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Friday, August 23, 2024
40 40 3 pgs order Order Referring Case to Mediation Fri 08/23 2:06 PM
ORDER REFERRING CASE to Mediation. Hon. Kenneth Benson is appointed to serve as the Neutral. The ADR conference(s) shall be concluded on or before October 8, 2024, unless extended by order of the Court. Attorney Disotell is designated as lead counsel; ADR Session Notice shall be electronically filed with the Court by October 1, 2024. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 8/23/2024. (lyk)
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39 39 order Case Management Order Fri 08/23 2:03 PM
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 8/19/2024; Motion to Compel due by 8/26/2024; Response to Motion to Compel due by 9/5/2024; Amended Pleadings, Joinder of Parties due by 9/2/2024; Discovery due by 1/2/2025; Joint Discovery Status Reports due by 10/11/2024, 11/15/2024; Telephonic Post-Discovery Status Conference set for 1/7/2025 at 3:30 PM before Judge Nora Barry Fischer. The Court will initiate said conference call. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 8/23/2024. (lyk)
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38 38 minutes Initial Case Management Conference Fri 08/23 1:59 PM
Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Initial Case Management Conference held on 8/23/2024. Appropriate orders to follow. (Court Reporter: None) (lyk)
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Thursday, August 01, 2024
37 37 3 pgs order Order Implementing Fed Rule of Evidence 502(d) Thu 08/01 12:14 PM
ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Judge Nora Barry Fischer on 8/1/2024. (lyk)
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Wednesday, July 31, 2024
36 36 order Order Cancelling Deadline ~Util - Set Hearings Wed 07/31 6:31 PM
ORDER that the Telephonic Initial Case Management presently set for 8/19/2024 is re-set for 8/23/2024 at 10:00 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 7/31/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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Tuesday, July 30, 2024
35 35 order ~Util - Terminate Motions Order Cancelling Deadline ~Util - Set Hearings Tue 07/30 6:00 PM
ORDER granting32 Joint MOTION to Continue the Court's Telephonic Initial Case Management Conference filed by UPMC MAGEE-WOMENS HOSPITAL, the Telephonic Initial Case Management presently set for 8/5/2024 is re-set for 8/19/2024 at 10:00 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 7/30/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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34 34 misc Report of Rule 26(f) Planning Meeting Tue 07/30 5:19 PM
REPORT of Rule 26(f) Planning Meeting. (Bahorich, Justin)
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33 33 adr Stipulation Selecting ADR process Tue 07/30 5:19 PM
STIPULATION selecting ADR process by RACHEL TURCO POLLY. (Bahorich, Justin)
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32 32 motion Continue Tue 07/30 3:49 PM
Joint MOTION to Continue the Court's Telephonic Initial Case Management Conference by UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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Att: 1 Proposed Order
Wednesday, July 24, 2024
31 31 order Initial Local Rule 16.1 Scheduling Order Wed 07/24 2:40 PM
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Telephonic Initial Case Management Conference set for 8/5/2024 at 1:00 PM before Judge Nora Barry Fischer. The Court's law clerk will circulate conference call dial-in information. Stipulation Selecting ADR Process, Rule 26(f) Report Form due by 7/30/2024. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 7/24/2024. (lyk)
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Att: 1 A - ADR Stipulation,
Att: 2 B - Rule 26(f) Report
Tuesday, July 23, 2024
30 30 answer Answer to Amended Complaint Tue 07/23 2:52 PM
ANSWER to16 Amended Complaint AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S SECOND AMENDED COMPLAINT by UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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Tuesday, July 09, 2024
29 29 3 pgs order Order ~Util - Terminate Motions Order to Answer Tue 07/09 10:35 AM
MEMORANDUM ORDER denying without prejudice19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re16 Amended Complaint filed by UPMC MAGEE-WOMENS HOSPITAL. Defendants shall file their Answer by July 23, 2024. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 7/9/2024. (lyk)
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Friday, June 14, 2024
28 28 respm Sur-Reply Fri 06/14 3:54 PM
Sur-Reply re26 Reply to Response to Motion, filed by RACHEL TURCO POLLY. (Bahorich, Justin)
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Tuesday, June 04, 2024
27 27 order Order ~Util - Set Deadlines Wed 06/05 11:03 AM
ORDER that upon consideration of26 Reply to Response to Motion filed by UPMC MAGEE-WOMENS HOSPITAL, Plaintiff shall file a Surreply by 6/14/2024. Signed by Judge Nora Barry Fischer on 6/4/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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Friday, May 31, 2024
26 26 respm Reply to Response to Motion Fri 05/31 4:50 PM
REPLY to Response to Motion re23 Brief in Opposition to Motion to Dismiss filed by UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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Att: 1 Exhibit
Tuesday, May 14, 2024
25 25 order ~Util - Terminate Motions Order ~Util - Set Deadlines Tue 05/14 4:12 PM
ORDER granting24 MOTION for Extension of Time to File Response/Reply filed by UPMC MAGEE-WOMENS HOSPITAL, the deadline for Defendant's Reply brief is extended to 5/31/2024. Signed by Judge Nora Barry Fischer on 5/14/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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24 24 motion Extension of Time to File Response/Reply Tue 05/14 1:57 PM
MOTION for Extension of Time to File Response/Reply as to23 Brief in Opposition to Motion by UPMC MAGEE-WOMENS HOSPITAL. (Disotell, Michael)
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Att: 1 Proposed Order
Wednesday, May 08, 2024
misc QC - Attorney Signature Deficient Wed 05/08 3:19 PM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re23 Brief in Opposition to Motion. ERROR: Attorney signature missing required information. CORRECTION: Attorney directed to comply with requirements of LCvR 5.2(B) in all future filings. This message is for informational purposes only. (njd)
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Monday, May 06, 2024
23 23 respm Brief / Memorandum of Law in Opposition to Motion Mon 05/06 5:35 PM
BRIEF in Opposition re19 Motion to Dismiss for Failure to State a Claim filed by RACHEL TURCO POLLY. (Bahorich, Justin)
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Wednesday, April 24, 2024
22 22 order ~Util - Terminate Motions Order ~Util - Set Deadlines Wed 04/24 5:30 PM
ORDER granting21 Unopposed MOTION for Extension of Time to File Response/Reply filed by RACHEL TURCO POLLY, Plaintiff's Brief in Opposition to19 Motion to Dismiss for Failure to State a Claim filed by UPMC MAGEE-WOMENS HOSPITAL is now due by 5/6/2024. Signed by Judge Nora Barry Fischer on 4/24/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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21 21 motion Extension of Time to File Response/Reply Wed 04/24 4:57 PM
Unopposed MOTION for Extension of Time to File Response/Reply by RACHEL TURCO POLLY. (Bahorich, Justin)
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Att: 1 Proposed Order
Friday, April 05, 2024
20 20 respm Brief / Memorandum of Law in Support of Motion Fri 04/05 3:49 PM
BRIEF in Support re19 Motion to Dismiss for Failure to State a Claim filed by UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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Att: 1 Exhibit
19 19 motion Dismiss for Failure to State a Claim Fri 04/05 3:37 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re16 Amended Complaint by UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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Att: 1 Proposed Order
Friday, March 15, 2024
18 18 order ~Util - Terminate Motions Order Cancelling Deadline ~Util - Set Deadlines Fri 03/15 8:24 AM
ORDER granting17 Unopposed MOTION for Extension of Time to File Response/Reply as to16 Amended Complaint filed by UPMC MAGEE-WOMENS HOSPITAL, the deadline for UPMC MAGEE-WOMENS HOSPITAL to answer or otherwise respond to the Amended Complaint is extended from 3/22/2024 to 4/5/2024. Signed by Judge Nora Barry Fischer on 3/15/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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Thursday, March 14, 2024
17 17 motion Extension of Time to File Response/Reply Thu 03/14 1:44 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to16 Amended Complaint, Update Answer Deadline by UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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Att: 1 Proposed Order
Monday, March 11, 2024
utility Update Answer Deadline Mon 03/11 12:51 PM
Update Answer Deadline: Answer due from UPMC MAGEE-WOMENS HOSPITAL on 3/22/2024 (njd)
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Friday, March 08, 2024
16 16 cmp Amended Complaint Fri 03/08 4:29 PM
First AMENDED COMPLAINT against UPMC MAGEE-WOMENS HOSPITAL, filed by RACHEL TURCO POLLY. (Bahorich, Justin)
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Tuesday, February 27, 2024
15 15 order Order on Motion for Leave to File Amended Complaint Tue 02/27 5:39 PM
ORDER granting14 Motion for Leave to File Amended Complaint, Counsel shall file the Amended Complaint by 3/8/2024 and in light of Plaintiff's Response13 , the Show Cause Order 12 is vacated. Signed by Judge Nora Barry Fischer on 2/27/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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14 14 motion Leave to File Amended Complaint Tue 02/27 1:28 PM
Nunc Pro Tunc MOTION for Leave to File Amended Complaint by RACHEL TURCO POLLY. (Bahorich, Justin)
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Att: 1 Proposed Order
13 13 misc Response to Order to Show Cause Tue 02/27 1:18 PM
RESPONSE TO ORDER TO SHOW CAUSE filed by RACHEL TURCO POLLY. (Bahorich, Justin)
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Thursday, February 22, 2024
12 12 order Order to Show Cause Thu 02/22 5:23 PM
ORDER TO SHOW CAUSE, the Court having ordered Plaintiff to file an Amended Complaint by 2/15/2024 and Plaintiff having failed to file an Amended Complaint by the date of this Order, a Rule is issued upon Plaintiff's counsel to Show Cause by 3/1/2024 why this matter should not be dismissed for failure to prosecute. Signed by Judge Nora Barry Fischer on 2/22/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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Monday, February 05, 2024
11 11 order ~Util - Terminate Motions Order Cancelling Deadline ~Util - Set Deadlines Mon 02/05 5:42 PM
ORDER granting10 Unopposed MOTION to Extend Time to FOR MS. POLLY TO FILE AN AMENDED COMPLAINT AND FOR UPMC MAGEE'S RESPONSE THERETO filed by UPMC MAGEE-WOMENS HOSPITAL, Plaintiff shall file an Amended Complaint by 2/15/2024 and the deadline for Defendant's Answer to Plaintiff's initial Complaint is extended until further order of court. Signed by Judge Nora Barry Fischer on 2/5/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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10 10 motion Extend Time Mon 02/05 10:09 AM
Unopposed MOTION to Extend Time to FOR MS. POLLY TO FILE AN AMENDED COMPLAINT AND FOR UPMC MAGEE'S RESPONSE THERETO by UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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Att: 1 Proposed Order
Friday, December 15, 2023
9 9 misc Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)) Fri 12/15 2:47 PM
Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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misc QC - Party did not file Disclosure Statement pursuant to LR 7.1.A Fri 12/15 10:23 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re8 Notice of Appearance,7 Notice of Appearance. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 12/22/2023. (keh)
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Thursday, December 14, 2023
8 8 notice Notice of Appearance Thu 12/14 1:59 PM
NOTICE of Appearance by Michael Disotell on behalf of UPMC MAGEE-WOMENS HOSPITAL. (Disotell, Michael)
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7 7 notice Notice of Appearance Thu 12/14 1:54 PM
NOTICE of Appearance by Jennifer S. Park on behalf of UPMC MAGEE-WOMENS HOSPITAL. (Park, Jennifer)
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Monday, December 11, 2023
6 6 service Waiver of Service Executed Mon 12/11 10:36 AM
WAIVER OF SERVICE Returned Executed by RACHEL TURCO POLLY. UPMC MAGEE-WOMENS HOSPITAL waiver sent on 12/5/2023, answer due 2/5/2024. (Bahorich, Justin)
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Monday, December 04, 2023
5 5 2 pgs order Order Mon 12/04 3:37 PM
ORDER RE: Rule 12(b) Motions. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 12/4/2023. (lyk)
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4 4 2 pgs order Order Mon 12/04 3:36 PM
ORDER RE: Motions Practice. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 12/4/2023. (lyk)
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3 3 adr Notice of ADR Designation Mon 12/04 3:36 PM
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. (lyk)
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Wednesday, November 22, 2023
2 2 service Summons Issued Wed 11/22 2:03 PM
Summons Issued as to UPMC MAGEE-WOMENS HOSPITAL (sms)
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Tuesday, November 21, 2023
1 1 cmp Complaint (for Clerk of Court personnel only) Wed 11/22 2:02 PM
COMPLAINT against UPMC MAGEE-WOMENS HOSPITAL (Filing fee, including Administrative fee, $402, receipt number APAWDC-7992670), filed by RACHEL TURCO POLLY. (sms)
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Att: 1 Civil Cover Sheet