United States District Court, W.D. Pennsylvania
GIBSON UNITED STATES DISTRICT JUDGE.
before this Court is Plaintiff's Motion to Compel
Discovery. (ECF No. 45.) All parties have filed briefs (ECF
No. 45, 46) and participated in oral argument (ECF No. 53) on
this Motion, and it is ripe for disposition.
case arises from Plaintiff Donna Roadman's
("Roadman") allegations that Defendant Ronald Lewis
("Lewis") sexually harassed her at her workplace,
Defendant Select Specialty Hospital ("Select").
See Roadman v. Select Specialty Hospital, No.
3:16-cv-246, 2018 WL 557922, at *1 (W.D. Pa. Jan. 23, 2018)
(Gibson, J.); Roadman v. Select Specialty Hospital,
3:16-cv-246, 2017 WL 4236581 (W.D. Pa. Sept. 22, 2017)
(Gibson, J.). Roadman asks this Court to order Lewis and
Select to respond to a number of discovery requests. Based on
the statements made by Roadman's counsel at the oral
argument on July 26, 2018, some of these outstanding
discovery disputes have been resolved. However, to the extent
these discovery disputes have not been resolved by counsel
for the parties, the Court concludes that Defendants have
fully met their discovery obligations by responding to all
relevant requests within the scope of discovery provided for
by Federal Rule of Civil Procedure 26(b)(1). See
Fed. R. Civ. P. 26(b)(1).
for the reasons that follow, Plaintiff's Motion to Compel
Discovery (ECF No. 45) is DENIED.
Jurisdiction & Venue
Court has jurisdiction over Roadman's federal claim under
Title VII pursuant to 28 U.S.C. § 1331. The Court has
supplemental jurisdiction over the state law claims pursuant
to 28 U.S.C. § 1367. Venue is proper in this district
under 28 U.S.C. § 1391(b)(2) because the alleged events
giving rise to Roadman's claims occurred in Johnstown,
Cambria County, Pennsylvania. (ECF No. 30 ¶ 2.)
Select, a specialty care hospital offering rehabilitative
care and long term acute care, hired Roadman as a registered
nurse to work at its Johnstown location on July 7, 2015. (ECF
No. 30 ¶¶ 6-8.) During the first week of her
employment, Roadman did orientation. (Id. ¶
10.) During the second week of Roadman's employment,
Roadman was introduced to Lewis, a registered nurse who had
worked for Select for several years prior to Roadman's
employment. (Id. ¶¶ 11-12.) Select
assigned Lewis to train Roadman for her new position.
(Id. ¶ 13.)
beginning her training, a number of other employees made
comments to Roadman concerning Lewis's behavior.
(Id. ¶ 14.) These comments included: (1) a
nurse named Jamie telling Roadman to "be careful"
around Lewis because "he hit on her/' (2) Jamie
suggesting "being mean" to Lewis so that he would
not harass or continue to harass her, (3) a respiratory
therapist informing Roadman that Lewis liked her and wanted
to date her, and (4) another respiratory therapist joking in
front of Lewis and Roadman, therein "implying
knowledge" of Lewis's intentions, that Roadman would
never go out with Lewis. (Id. ¶ 14.)
the Amended Complaint alleges that, with approval and
knowledge of Select, Lewis created and maintained a hostile
work environment for Roadman because of her gender by
engaging in the following behavior: (1) demanding dates,
intimating that Roadman should sleep with him, touching
Roadman's buttocks, and touching Roadman's cheeks;
(2) calling Roadman "babe" and "hun" and
commenting on Roadman's appearance by stating Roadman was
"cute," "pretty," or "sexy" on
"diverse dates"; (3) texting Roadman on her cell
phone number that he acquired for purposes of orientation and
calling Roadman "babe" or "hun" in those
messages; (4) scolding, degrading, and belittling Roadman
concerning her nursing skills and job performance when
Roadman refused his unwelcome advances; (5) grabbing Roadman
by the waist and grinding his crotch into her buttocks to the
point where Roadman "felt Mr. Lewis's erect penis
against her" on one occasion in the medicine room; and
(6) "by other such actions too numerous to list in their
entirety." (Id. ¶ 15.) Roadman also
alleges that Lewis's references to Roadman as
"babe" and "hun" and the touching of
Roadman's buttocks and cheeks "regularly occurred in
front of staff and were open and notorious to the other
employees of Select." (Id. ¶ 16.)
reported this behavior to her scheduler, Renee Lightcap
("Lightcap") and requested to be trained by someone
other than Lewis. (Id. ¶ 17.) Lightcap
complied, and Ronald Lindros ("Lindros") completed
Roadman's remaining week of orientation. (Id.
¶ 18.) Roadman completed her orientation with Lindros,
but she was scheduled to work at the same time as Lewis for
several days. (Id. ¶ 19.) Roadman called off
work on these days to avoid working with Lewis. (Id.
returning from vacation, Roadman's supervisor, Danielle
Smorto ("Smorto"), telephoned Roadman and
"asked her what happened." (Id. ¶
21.) Roadman reported the alleged harassment to Smorto by
telephone and sent a follow-up e-mail. (Id.
¶¶ 23-23.) Smorto told Roadman that she would
investigate the situation, instructed Roadman not to discuss
the matters with anyone, and changed the weekend work
schedule so that Roadman and Lewis would not be working
together. (Id. ¶¶ 25-27.)
one week after speaking with Smorto regarding the alleged
harassment, Smorto called Roadman into a meeting with Smorto
and Matt Gost ("Gost"), a human resources employee.
(Id. ¶ 28.) At this meeting, Smorto and Gost
told Roadman that they had "investigated her complaints
with Mr. Lewis, exclusively" and that Lewis had denied
her accusations. (Id. ¶¶ 29-30.) Roadman
then informed Smorto and Gost that she could not work with
Lewis, requested that she not be scheduled with Lewis, and
advised them that she had received inappropriate text
messages from Lewis. (Id. ¶¶ 31-32.)
this meeting, Roadman also discussed the matter with Barb
Foster ("Foster") - whose position, if any, with
Select is not set forth in the Amended Complaint-and stated
that she did not want to work with Lewis. (Id.
¶ 33.) Roadman provided copies of the above-referenced
text messages to Foster and told her that Jamie
Cotterman-presumably the same nurse who told Roadman to
"be mean" to Lewis so he would not harass
her-could corroborate her concerns. (Id.
¶¶ 34-35.) The Complaint alleges that Select was
aware of Roadman's concerns regarding Lewis because, on
several occasions, Roadman called off work when she was
scheduled to work with Lewis and still received pay.
(Id. ¶ 36.)
had an additional meeting with Human Resources, during which
she was informed of the effort to schedule her and Lewis for
different shifts, but that Human Resources could not
"guarantee" that she and Lewis would not be
scheduled together. (Id. ¶¶ 37-38.) At
this second meeting, Human Resources "threatened the
Plaintiff that if either her [sic] or Mr. Lewis said anything
else or filed a complaint either one would be fired."
(Id. ¶ 39.)
Amended Complaint alleges that this threat made it
intolerable for Roadman to continue her employment because
she believed that she was being "shunned into
silence" and that she "could have been victimized
later by Mr. Lewis or his friends." (Id. ¶
40.) At no time did Human Resources discuss or offer Roadman
the opportunity to transfer to a different Select facility.
(Id. ¶ 41.) Roadman resigned on August 26,
2016. (Id. ¶ 42.)
this Court's disposition of Defendants' two motions
to dismiss, the remaining claims in this case are (1) a
hostile work environment claim under Title VII of the Civil
Rights Act of 1964 against Select, (2) a
"negligence/negligent supervision" claim against
Select, and (3) a battery claim against Lewis. See
Roadman v. Select Specialty Hospital, No. 3:16-cv-246,
2018 WL 557922, at *6 (W.D. Pa. Jan. 23, 2018) (Gibson, J.).
By Memorandum ...