United States District Court, W.D. Pennsylvania
DAVID STEWART CERCONE, District Judge.
Plaintiff, Pamela Lynn Scalamogna ("Scalamogna" or "Plaintiff") filed a three (3) count Complaint alleging: (1) gender discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"); (2) age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (the "ADEA"); and (3) violations of the Pennsylvania Human Rights Act, 43 Pa. Cons. Stat. Ann. § 925 et seq. (the "PHRA"), against Defendant, Steel Valley Ambulance ("Steel Valley" or "Defendant"). Scalamogna also contends that Steel Valley retaliated against her for complaining about the alleged harassment. See Amended Complaint ¶¶ 23 & 32. Steel Valley has filed a motion for summary judgment, Scalamogna has responded and the motion is now before the Court.
Pursuant to the Local Rules of the United States District Court for the Western District of Pennsylvania, Steel Valley filed a Concise Statement of Material Facts ("Defendant's CSMF") in support of its motion for summary judgment. See LCvR 56(B)(1). Plaintiff's responses to Defendant's CSMF, however, are inappropriate. A party opposing a motion for summary judgment must file:
A separately filed concise statement, which responds to each numbered paragraph in the moving party's Concise Statement of Material Facts by
a. admitting or denying whether each fact contained in the moving party's Concise Statement of Material Facts is undisputed and/or material;
b. setting forth the basis for the denial if any fact contained in the moving party's Concise Statement of Material Facts is not admitted in its entirety (as to whether it is undisputed or material) with appropriate reference to the record...; and
c. setting forth in separately numbered paragraphs any other material facts that are allegedly at issue, and/or that the opposing party asserts are necessary for the Court to determine the motion for summary judgment[.]
See LCvR 56(C)(1)(emphasis added). In her Counterstatement of Facts ("Plaintiff's CSOF"), Plaintiff has failed to admit or deny whether any of Steel Valley's stated facts are undisputed or material. Plaintiff, instead, repeats the stated fact, and in most instances provides subparts to the numbered paragraph, some of which lack an appropriate reference to the record, that are irrelevant to, and/or outside the scope of, the specific factual statement. Material facts set forth in a moving party's concise statement of material facts will be deemed admitted for the purpose of deciding the motion for summary judgment "unless specifically denied or otherwise controverted by a separate concise statement of the opposing party." See LCvR 56 (E).
II. STATEMENT OF THE CASE
Steel Valley is a family-owned ambulance service that provides emergency and medical paratransit service in and around Homestead, Pennsylvania. Defendant's CSMF ¶ 1. Scalamogna was hired by Steel Valley on September 13, 2010 as an ambulance-driving Emergency Medical Technician ("EMT"). Defendant's CSMF ¶ 4. As an ambulance-driving EMT, Scalamogna evaluated and transported patients in need of medical care. Defendant's CSMF ¶ 9.
Scalamogna worked as part of a two-person crew, partnering with Paramedics Edward McCann ("McCann") and Rick Valesko ("Valesko") during her period of employment with Steel Valley. Defendant's CSMF ¶¶ 14 & 15. During her employment with Steel Valley, Scalamogna also had several immediate supervisors including: John Jumba, Sr. ("Jumba Sr."); John Jumba, Jr. ("Jumba Jr."); Brandon Simon, Dave Caputo and Bryan Halavanja. Defendant's CSMF ¶ 13.
Scalamogna typically worked twenty-four (24) hour shifts twice per week. Defendant's CSMF ¶ 34. In May 2012, Scalamogna was working a 24 hour shift with McCann that began on Friday, May 4th and was to end on Saturday May 5th at 8:00 a.m. Defendant's CSMF ¶¶ 35 & 36. At 7:30 a.m. on May 5, 2012, Patricia Jumba ("Patricia"), who was working as a dispatcher for Steel Valley at the time, called Scalamogna and McCann to dispatch them to the Marian Manor Nursing Home. Defendant's CSMF ¶ 39. At the time Scalamogna and McCann received the call, they were in the ambulance on the Parkway East. John Jumba Sr. Deposition, Plaintiff's Exhibit 2, ("Jumba Sr. Depo.") pp. 17-18. Scalamogna was driving and testified that they were returning from "Presby's ER" when the call came in from Patricia. Scalamogna Deposition, Plaintiff's Exhibit 1, ("Scalamogna Depo.") pp. 95-96. Though the call was an emergency, Scalamogna told both McCann and Patricia that she was not going to respond to the call. Defendant's CSMF ¶¶ 41 & 42.
Both McCann and Patricia wrote incident reports regarding the call from and dispatch to the Marian Manor Nursing Home. Defendant's CSMF ¶¶ 44 & 45. In his incident report, McCann stated that while traveling on I-376 outbound, a call came in from Patricia and Scalamogna said "I can't do this call, I have an eye appointment." Plaintiff's Exhibit 5; Defendant's CSMF ¶ 47. McCall also indicated that Patricia told them to respond to call "ASAP." Plaintiff's Exhibit 5; Defendant's CSMF ¶ 46. Patricia stated in her report that she gave Scalamogna and McCann a trip out of Marian Manor at approximately 7:30 a.m., and as she was giving McCann the ...