Chedwick v. Upmc, 2:07-cv-806.

Citation619 F.Supp.2d 172
Decision Date12 December 2007
Docket NumberNo. 2:07-cv-806.,2:07-cv-806.
PartiesGary CHEDWICK, Individually, and on behalf of a group of similarly situated individuals, Plaintiff, v. UPMC d/b/a University of Pittsburgh Medical Center, Defendant.
CourtUnited States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania

Gregory G. Paul, Peirce Law Offices, Pittsburgh, PA, for Plaintiff.

Pamela G. Cochenour, Pietragallo, Bosick & Gordon, Pittsburgh, PA, for Defendant.

MEMORANDUM OPINION AND ORDER OF COURT

TERRENCE F. McVERRY, District Judge.

Before the Court for disposition is DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT (Document No. 3), Defendant's Brief in Support of Motion to Dismiss (Document No. 4), and Plaintiff's Response to Defendant's Motion to Dismiss (Document No. 6). For the reasons that follow, Defendant's Motion to Dismiss will be granted in part and denied in part.

Procedural History and Background

The context of the present motion can best be understood by reference to two similar cases. Bolden v. Magee-Women's Hospital of the University of Pittsburgh Medical Center, Civil Action No. 05-1063 (the "Bolden Action") was commenced in this Court on August 1, 2005. Bolden Action, 05-1063, Doc. No. 1. That action was brought solely under the Americans with Disabilities Act of 1990 [42 U.S.C. § 12101 et seq.] (the "ADA"). Carole Bolden ("Bolden"), the plaintiff in the Bolden Action, filed a Motion for Leave to File Amendment Complaint on May 30, 2006, seeking to add Valentina Tish ("Tish") as a plaintiff. Bolden Action, 05-1063, Doc. No. 15. On June 13, 2006, the Court denied Bolden's Motion for Leave to File Amended Complaint. Relying on the decision of the United States Court of Appeals for the Third Circuit in Averbach v. Rival Manufacturing Co., 879 F.2d 1196, 1203 (3d Cir.1989), the Court determined that the transformation of the Bolden Action into a class action would "unduly delay" its resolution. Bolden Action, 05-1063, Doc. No. 17, p. 1. The Court further noted that the employment discrimination claims alleged in the proposed Amended Complaint in Class Action were not the sort of claims that were typically or appropriately resolved via class action litigation. Id. It was determined that the "hypothetical question" of whether the cases of Bolden and Tish should be consolidated was unlikely to be resolved in favor of consolidation. Id. In denying Bolden's motion, the Court ultimately based its decision on the grounds of undue delay and futility of amendment. Id., pp. 1-2, quoting Averbach, 879 F.2d at 1203 ("Factors the trial court may appropriately consider in denying a motion to amend include undue delay, undue prejudice to the opposing party, and futility of amendment."). The language in the opinion discussing the propriety of class action certification must be read in that context. As an additional basis for denying Bolden's motion, the Court determined that amendment of the complaint would be futile because Bolden's charge with the Equal Employment Opportunity Commission ("EEOC") pursuant to 42 U.S.C. §§ 2000e-5 and 12117(a) had not been filed as a class action. Bolden Action, 05-1063, Doc. No. 17, p. 2.

On June 21, 2006, Tish commenced her own action, Tish v. Magee-Women's Hospital, Civil Action No. 06-820 (the "Tish Action"), against Magee-Women's Hospital ("Magee"), alleging that Magee violated her rights under the Rehabilitation Act of 1973 [29 U.S.C. § 701 et seq.] (the "Rehabilitation Act"). Tish Action, 06-820, Doc. No. 1. Tish asserted class allegations under both the ADA and the Rehabilitation Act. The Court held a status conference in the Bolden Action on August 11, 2006. Bolden was permitted to renew her request to file an amended complaint.

In an opinion dated October 5, 2006, the Court again denied Bolden's request for leave to file an amended complaint. Bolden Action, 05-1063, Doc. No. 27. Relying on In re Burlington Coat Factory, 114 F.3d 1410, 1434 (3d Cir.1997), the Court noted that leave to amend could be denied upon a finding of undue delay, bad faith, dilatory motive, prejudice to the defendant, or futility of amendment. Id., p. 2. Leave to amend was denied on the basis of both futility of amendment and the likelihood that the proposed amendment would cause undue delay. Id. Discovery in the Bolden Action was wrapping up, and the Court was concerned that resolution of that case would be "significantly delayed" if Bolden were permitted to amend her complaint. Id. With respect to the issue of futility, the Court again took note of the fact that Bolden's EEOC charge could not serve as a predicate for other potential class members to avoid the exhaustion of their administrative remedies, since Bolden had not made class-based allegations. Id., p. 4. Given that the "purported class members could not piggyback on Bolden's EEOC charge," the Court concluded that it would be futile to permit the amendment sought by Bolden. Id. Hence, the Bolden Action was not viewed as offering any "substantive advantage to the purported plaintiff class" when compared to the Tish Action. Id. The Court went on to say that, due to the individualized nature of the inquiries required under the ADA and the Rehabilitation Act, the allegations contained in Bolden's proposed amended complaint were "not the sort of claims that would ordinarily be appropriate for resolution in a class action." Id., p. 5 (emphasis added). At no point did the Court hold that claims under the ADA and the Rehabilitation Act were categorically inappropriate for resolution in a class action.

On July 26, 2006, relying on Federal Rule of Civil Procedure 12(b)(6), Magee filed a Motion to Dismiss in the Tish Action, seeking the dismissal of Tish's ADA claims. Tish Action, 06-820, Doc. No. 3. Tish responded on August 15, 2006, by filing a Motion for Joinder pursuant to Federal Rule of Civil Procedure 20. Tish Action, 06-820, Doc. No. 8. She sought to join her action with the Bolden Action. The Court disposed of both motions on October 17, 2006. Tish Action, 06-820, Doc. No. 10. Since Tish had not exhausted her administrative remedies pursuant to 42 U.S.C. §§ 2000e-5 and 12117(a), the Court dismissed her claims under the ADA. Id., p. 2. Accordingly, Tish was allowed to proceed only under the Rehabilitation Act. Tish's Motion for Joinder was denied for reasons similar to those relied upon by the Court in denying Bolden's requests for leave to amend. Since neither Bolden nor Tish had exhausted the administrative prerequisites to a class action claim under the ADA, the Court concluded that joinder of the two actions would be futile. Id. ("The Court concluded that because Bolden's EEOC charge cannot serve as the predicate for other potential class members to avoid the exhaustion requirement, amendment of the Bolden Action to assert class allegations under the ADA would be futile. For the same reasons, the class action allegations under the ADA in the Tish Action must also fail."). Magee was ordered to file an answer to Tish's Rehabilitation Act averments within ten days of the Court's order. Id., p. 3.

On October 25, 2006, eight days after the Court denied Tish's Motion for Joinder, Tish filed an Amended Complaint in Class Action. Tish Action, 06-820, Doc. No. 11. This Amended Complaint was filed without leave of Court. The Amended Complaint purported to add Gary Chedwick ("Chedwick"), Barbara Fowler ("Fowler"), Gloria Hamlett ("Hamlett"), and Terri Walsh ("Walsh") as plaintiffs and UPMC St. Margaret, UPMC Shadyside, UPMC Montefiore and UPMC d/b/a University of Pittsburgh Medical Center ("UPMC") as defendants. The Amended Complaint alleged violations of both the ADA and the Rehabilitation Act, averring that Hamlett and Walsh had exhausted their administrative remedies before the EEOC and received right to sue letters dated October 20, 2006, and October 17, 2006, respectively. Id., p. 2, ¶ 4.

The UPMC entities filed a Motion to Strike the Amended Complaint on November 8, 2006. Tish Action, 06-820, Doc. No. 13. They contended that the Court's granting of Magee's Motion to Dismiss had terminated Tish's right to amend her complaint "once as a matter of course" under Federal Rule of Civil Procedure 15(a), and that the filing of the Amended Complaint was improper because leave to amend had not been granted by the Court. In support of their Motion to Strike, the UPMC entities also argued that joinder of the parties was improper under Federal Rule of Civil Procedure 20. The UPMC entities likewise filed an Alternative Motion to Sever under Federal Rule of Civil Procedure 21, contending that prejudice would result if the claims asserted in the Amended Complaint were to be tried in a single action. Id.

Meanwhile, discovery in the Bolden Action concluded, and Magee moved for summary judgment in that case on November 13, 2006. Bolden Action, 05-1063, Doc. No. 28. The Court issued decisions in both cases on April 24, 2007. Magee was granted summary judgment in the Bolden Action. Bolden v. Magee Women's Hospital, 2007 WL 1228479, 2007 U.S. Dist. LEXIS 30127 (W.D.Pa. April 24, 2007). In Tish v. Magee-Women's Hospital, 2007 WL 1221137, at *5, 2007 U.S. Dist. LEXIS 30130, at *12-15 (W.D.Pa. April 24, 2007), the Court adopted the construction of Rule 15(a) advanced by the UPMC entities, holding that Tish's right to amend her complaint "once as a matter of course" had terminated when the Court granted Magee's Motion to Dismiss. Nevertheless, the Court treated Tish's filing of the Amended Complaint as a request for leave to amend, granting the request. Tish, 2007 WL 1221137, at *6-7, 2007 U.S. Dist. LEXIS 30130, at *15-20. The UPMC entities argued that they would be prejudiced if Tish were permitted to file the Amended Complaint, since the allegations made by the plaintiffs involved "fact-specific complaints against distinct business units within UPMC." Tish, 2007 WL 1221137, at *6, 2007 U.S. Dist. LEXIS 30130, at *17. In granting Tish's implied request for...

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