Simmons v. Indiana University of Pennsylvania et al

MOTION for Summary Judgment

W.D. Pa.June 7, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA PATRICIA K. SIMMONS, } } No. 2:15-cv-01688-DSC Plaintiff, } } Judge Cercone vs. } } INDIANA UNIVERSITY OF PENNSYLVANIA and WILLIAM D. SPEIDEL, III. in his official capacity, } } } } Electronically Filed. Defendants. } DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND NOW, come the defendants, Indiana University of Pennsylvania and Speidel, in his official capacity (“the Defendants”), by their attorneys, Scott A. Bradley, Senior Deputy Attorney General, and Kenneth L. Joel, Chief Deputy Attorney General, Chief, Litigation Section, and, pursuant to Rule 56 of the Federal Rules of Civil Procedure, respectfully move for summary judgment on the claims raised in Plaintiff’s Amended Complaint (Doc. # 13), upon the following grounds: 1. Plaintiff, Patricia Simmons (“Simmons”), has filed the instant action against her former employer, Indiana University of Pennsylvania (“IUP”), therein alleging violations of her state and federal employment rights. 2. Simmons initiated this action by filing a Complaint (Doc. # 1) on December 22, 2015. The Complaint presented claims under the Age Discrimination in Employment Act (“ADEA”)(29 U.S.C. §§ 621 et seq.) and the Pennsylvania Human Relations Act (“PHRA”)(43 P.S. §§ 951 et seq.), wherein Simmons claimed that she was subject to discrimination on the basis of age as a result of her termination from employment. Simmons additionally asserted a Case 2:15-cv-01688-DSC Document 31 Filed 06/07/17 Page 1 of 3 2 violation of the Equal Pay Act (“EPA”)(29 U.S.C. § 206(d)), claiming that she was subject to discrimination by being paid less than her male counterparts. 3. On March 21, 2016, IUP filed a Motion to Dismiss for Failure to State a Claim (Docs. # 8-9). By Text Order (Doc. # 10) issued on March 22, 2016, Simmons was directed to file a Response and Brief in Opposition by April 20, 2016. Id. 4. Instead of responding to the motion, Simmons filed an Amended Complaint (Doc. # 13) on April 20, 2016. The Amended Complaint contained the same claims, but added as a defendant WILLIAM D. SPEIDEL, III, in his official capacity. See Amended Complaint, at ¶ 3. 5. The Defendants filed an Answer (Doc. # 18) to the Amended Complaint on May 4, 2016. 6. Discovery closed on January 28, 2017, and the Defendants now move for summary judgment on all claims in the Amended Complaint. 7. There are no genuine issues as to any material facts with respect to the claims at issue in this case and upon which the Defendants now move for summary judgment. 8. The Defendants have herewith filed a Brief in Support of this Motion, providing reasons in support of the foregoing assertion with greater particularity; the contents therein are incorporated by reference. 9. A Statement of Material Facts Not In Dispute and a compendium of Attachments to Statement of Material Facts Not in Dispute has also been filed herewith. Case 2:15-cv-01688-DSC Document 31 Filed 06/07/17 Page 2 of 3 3 WHEREFORE, it is respectfully requested that summary judgment be granted in favor of the Defendants, Indiana University of Pennsylvania and Speidel, in his official capacity, and against the Plaintiff, Patricia K. Simmons, on all claims in the Amended Complaint (Doc. # 13). Respectfully submitted, JOSH SHAPIRO Attorney General s/ Scott A. Bradley Office of Attorney General Scott A. Bradley 6th Floor, Manor Complex Senior Deputy Attorney General 564 Forbes Avenue Attorney I.D. No. 44627 Pittsburgh, PA 15219 Phone: (412) 565-3586 Kenneth L. Joel Fax: (412) 565-3019 Chief Deputy Attorney General Date: June 7, 2017 Case 2:15-cv-01688-DSC Document 31 Filed 06/07/17 Page 3 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA PATRICIA K. SIMMONS, } } No. 2:15-cv-01688-DSC Plaintiff, } } Judge Cercone vs. } } INDIANA UNIVERSITY OF PENNSYLVANIA and WILLIAM D. SPEIDEL, III, in his official capacity, } } } } Electronically Filed. Defendants. } ORDER AND NOW, this _____ day of _______________, 2017, upon consideration of the Defendants’ Motion for Summary Judgment heretofore filed, IT IS HEREBY ORDERED that said Motion is GRANTED. ACCORDINGLY, JUDGMENT is entered in favor of the Defendants, Indiana University of Pennsylvania and William D. Speidel, III, in his official capacity, and against the Plaintiff, Patricia K. Simmons, on all claims in the Amended Complaint (Doc. # 13) previously filed by the Plaintiff in this matter. BY THE COURT: David S. Cercone, United States District Judge Case 2:15-cv-01688-DSC Document 31-1 Filed 06/07/17 Page 1 of 1