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Doe v. Mercy Catholic Medical Center

United States District Court, E.D. Pennsylvania

August 9, 2019

JANE DOE
v.
MERCY CATHOLIC MEDICAL CENTER

          MEMORANDUM RE: DEFENDANT'S MOTION TO REINSTATE HER BREACH OF CONTRACT CLAIMS AND FOR LEAVE TO AMEND THE THIRD AMENDED COMPLAINT

          MICHAEL M. BAYLSON, U.S.D.J.

         I. Introduction

         On January 4, 2019, Plaintiff Jane Doe moved to amend her Third Amended Complaint and to reinstate certain state law claims. (ECF 93, “Mot.” or “Motion”). Specifically, Plaintiff sought to reinstate two breach of contract claims, to augment her allegations based on evidence uncovered during the course of discovery, and to add a procedural due process claim under Title IX. The Court held oral argument on the Motion on April 4, 2019, and advised the parties that leave to amend would likely be denied because the Motion was unduly delayed. The Court then issued an order on June 24, 2019, denying Plaintiff's Motion, but failed to issue an accompanying Memorandum Opinion explaining the reasons why. On July 17, 2019, the Court granted summary judgment for Defendant Mercy Catholic Medical Center.

         Plaintiff appealed the Court's orders denying amendment and granting summary judgment for Defendant on July 25, 2019. The Court now issues this brief Memorandum supplementing the district court record with the reasons why it denied Plaintiff's Motion.

         II. Brief Procedural History

         This action has been ongoing before this Court since April 20, 2015. (ECF 1). Plaintiff amended her Complaint repeatedly, either by right, stipulation, or order of Court, prior to filling her Third Amended Complaint on October 15, 2015. (ECF 28, “TAC”). The TAC asserted the following claims:

COUNT I: Sexual Harassment and Hostile Educational Environment in Violation of Title IX
COUNT II: Retaliation in Violation of Title IX
COUNT III: Quid Pro Quo Sexual Harassment in Violation of Title IX
COUNT IV: Breach of Contract-Gender Based Discrimination
COUNT V: Breach of Contract-Wrongful Termination
COUNT VI: Breach of Contract-Breach of Covenant of Good Faith

         Defendant moved to dismiss on October 29, 2015, (ECF 32), and the Court dismissed the TAC in its entirety on January 26, 2016. (ECF 44, 45). Defendant appealed that decision to the Third Circuit Court of Appeals on February 3, 2016, (ECF 46), and the Third Circuit affirmed in part, reversed in part, and remanded the case for further proceedings on March 7, 2017. See Doe v. Mercy Catholic Med. Ctr., 850 F.3d 545 (3d Cir. 2017).

         The Court then signed a stipulation by the parties on October 19, 2017, withdrawing Plaintiff's state law claims without prejudice. (ECF 52). Pursuant to the Third Circuit's Opinion and that stipulation by the parties, the only causes of action that remained viable in the TAC were Counts II and ...


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