Judge allows Bishop McCort to file third amended complaint to discrimination lawsuit
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The federal district judge presiding over the religious discrimination lawsuit filed by Bishop McCort Catholic Academy of Johnstown is allowing the school to file a third amended civil complaint against the public schools comprising the Laurel Highlands Athletic Conference, noting, however, "It is time for the case to move forward."
Judge Christy Criswell Wiegand, who is located in Pittsburgh, made her comment in an order issued earlier this week.
The purpose of the amendment was to add an additional defendant, Ralph J. Cecere Jr., a district chairman for the Pennsylvania Interscholastic Athletic Association, who, the lawsuit indicates, threatened "retaliation" against McCort for not settling its claims with all of the school districts.
The lawsuit in question was filed last Jan. 23 as a reaction to what McCort contends was an attempt to expel it and two other religious-oriented schools, Bishop
Carroll Catholic High School of Ebensburg and Bishop Guilfoyle Academy of Altoona, from the conference.
The lawsuit stated that "a conspiracy existed by and between the defendant public schools, by and through their respective final policy makers, to remove the Catholic Schools from the LHAC, and the result of such conspiracy targeted Bishop McCort due to its religious identity."
McCort is asking for a court injunction to bar such action and is seeking money damages and attorney fees and costs.
The defendants in the lawsuit include the public schools, the LHAC and the PIAA.
While McCort filed the lawsuit almost 10 months ago, Wiegand made the point that the case remains in its initial stages.
McCort, she explained, has filed three previous complaints, and each time the various defendants have sought dismissal of the lawsuit, contending that McCort cannot show any harm that it has suffered.
The issue that brought about the lawsuit was a request by the conference that the schools indicate their desire to remain as members for another four years, through 2031.
Those applying to continue in the conference needed a two-thirds majority vote to remain as members.
The LHAC thus voted to include McCort for another four years, with only two of the 22 school districts in opposition.
In August, a settlement was reached between McCort and 12 of the districts, in which it was agreed that a controversial rule change requiring a two-thirds majority that led to McCort's concern would be scrapped.
McCort, through its attorneys, George R. Farneth II of Pittsburgh and Nicholas A. Miller of Bridgeville, then requested court permission to file a third amended complaint.
McCort argued that a new complaint would "bring the matter in line with the current facts," as explained in the judge's order.
Wiegand emphasized in her order that she has not yet addressed the various motions by the defendants to dismiss the lawsuit.
"The case is now almost one year old. Plaintiff (McCort) has amended multiple times and the defendants have expended significant resources filing multiple rounds of motions to dismiss," she reported.
Because of the multiple amendments, Wiegand noted, she has not yet had the opportunity to rule on the motions to dismiss or to provide feedback on the "viability" of McCort's pleadings.
"It is time for the case to move forward and for the Court to have the opportunity to resolve the parties' disputes over the pleadings. Undue delay, and prejudice to defendants, are increasing," Wiegand pointed out.
Wiegand stated she was allowing the amended complaint due to the alleged report of retaliation by a PIAA official.
Because of these recent circumstances, "The Court will provide (McCort) with this 'FINAL' opportunity," she stated.