Before the Court is the Defendant’s “Pretrial Motion to Suppress Evidence” filed with the Court on May 7, 2001. Defendant seeks the suppression of evidence seized in connection with his January 7, 2001 arrest as violative of the Fourth Amendment of the United States Constitution. Defendant’s motion has been briefed and an evidentiary hearing on the motion was held on July 19, 2001.
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Judge Yvette Kane
Plaintiff First Health Group Corp. (“First Health”) initiated this diversity action against David W. Norton (“Norton”) and National Prescription Administrators, Inc. (“NPA”), by filing a complaint, motion for temporary restraining order, motion for preliminary injunction, and motion for expedited discovery on February 22, 2000. Plaintiff’s complaint alleges claims of breach of contract, misappropriation of trade secrets, breach of fiduciary duty, tortious interference with contract, and tortious interference with a prospective economic advantage, against Norton and NPA, arising out of NPA’s successful 1999 bid to manage and administer Pennsylvania’s Pharmaceutical Assistance Contract for the Elderly (“PACE”) program. Plaintiff’s claims against Norton arise out of his role as a former employee of First Health (and officer-in-charge of the PACE program) and his later role as a consultant to NPA in connection with the preparation of its successful 1999 bid to manage and administer the PACE program.
Plaintiffs’ civil rights action pursuant to 42 U.S.C. §1983 is before the Court on Defendants’ motion for summary judgment. Defendants argue that this 1983 civil rights action must be dismissed on two bases: (1) that the undisputed facts do not demonstrate violation of a constitutional right, and (2) that even assuming that Plaintiffs have established violation of a protected right, Defendants are entitled to qualified immunity. The motion has been fully briefed and is ripe for disposition. For the reasons set forth below, Defendants’ motion for summary judgment will be denied.
This sexual discrimination suit is unique both in its facts and in its progress through the courts. Over seven years ago, in January 1993, ten women employed in the chambers of District Justice Horace A. Lowery, seven of whom are Plaintiffs in this action, complained to the Dauphin County Court Administrator that they were being sexually harassed by the district justice himself. With a caveat from the Honorable Warren G. Morgan, President Judge of the Dauphin County Court, that the County was powerless to discipline Lowery, a committee was assembled to investigate the allegations. Their findings were provided to the President Judge and to the Judicial Inquiry and Review Board.
Thereafter, on March 30, 1993, Lowery notified two of the complaining clerks, Marca Graves and Sherry Reiff, that they were fired. The County Commissioners, however, refused to remove these women from the county payroll and instead transferred them to the County Personal Property Tax Department where they worked until after District Justice Lowery left office in December 1993. Thereafter, Graves and Reiff were transferred back to the office of the District Justice where the other five plaintiffs had continued in their assignments.
Before the Court is a consolidated appeal docketed in this Court on December 18, 1997. Appellants are Patricia A. Staiano, United States Trustee (“U. S. Trustee”), and Sears, Roebuck & Co. (“Sears”). Pursuant to a briefing schedule set by the Court, Appellant U. S. Trustee filed a supporting brief on August 14, 1998, and an amended supporting brief on August 20, 1998. Appellant Sears filed its supporting brief on August 14, 1998. Appellee William G. Schwab, Trustee in Bankruptcy For John C. Maloney and Christine Maloney, filed no brief in opposition. On October 28, 1998, Judge McClure transferred the above-captioned matter to the undersigned.
This appeal seeks reversal of the Bankruptcy Court’s May 12, 1997 Opinion and Order denying the motion of Sears to compel the Chapter 7 Trustee to reconvene the Section 341(a) meeting of creditors to permit the examination of the debtors by Sears’ non-attorney representative. Because this Court finds that the court below erred in its legal conclusion that the examination of a debtor at a Section 341(a) meeting of creditors by a non-attorney representative of a creditor constitutes the unauthorized practice of law in Pennsylvania, the decision below will be reversed.
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