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Case: Wallace v. Powell/H.T. v. Ciavarella

3:09-cv-00286 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Feb. 13, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

This case grew out of the criminal misconduct of two state court juvenile judges who sent hundreds of children to juvenile detention facilities because of bribes paid by the companies that ran those detention facilities. On February 13, 2009, the plaintiffs--children who had been adjudicated delinquent found to have violated their probation and parents of those children--brought this class action lawsuit against the judges. The plaintiffs, represented by multiple firms, sought damages against t…

This case grew out of the criminal misconduct of two state court juvenile judges who sent hundreds of children to juvenile detention facilities because of bribes paid by the companies that ran those detention facilities. On February 13, 2009, the plaintiffs--children who had been adjudicated delinquent found to have violated their probation and parents of those children--brought this class action lawsuit against the judges. The plaintiffs, represented by multiple firms, sought damages against the defendants for violations of Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961, et seq. and 42 U.S.C. § 1983. The case was filed in the U.S. District Court for the Middle District of Pennsylvania, and assigned to Judge Richard Caputo.

Specifically, the plaintiffs alleged that the two judges ("Judge Defendants") received compensation from privately-owned juvenile detention facilities ("Provider Defendants") by agreeing to place children into care of those facilities instead of the county juvenile detention facility. The plaintiffs also alleged that the Judge Defendants received payments from construction companies that built the private juvenile detention facilities ("Construction Defendants"). The plaintiffs further alleged that the Defendant Judges removed funding from the County budget for the county juvenile detention centers. Other defendants who were allegedly involved in the financial transactions were the spouses of the Judge Defendants, the owner of the privately owned juvenile detention facilities, his holding company, and his law firm ("Powell Defendants"). The plaintiffs also filed suit against the County itself and several county employees.

Over the next several months, the complaint was amended with additional plaintiffs and was consolidated with two putative class actions, Conway v. Conahan and H.T. v. Ciavarella. The case was also consolidated with five other civil actions.

Various defendants filed motions to dismiss throughout 2009. On November 20, 2009, the Court granted the Defendant Judges' motions to dismiss claims related to their courtroom conduct on the basis of judicial immunity and denied their motion for all other claims. The Court denied a defendant psychologist's motion to dismiss on the grounds of judicial immunity because his behavior was administrative and not quasi-judicial. Next, the Court granted in part a motion to dismiss for the Provider Defendants on the basis that they were complying with a court order, but denied the motion for claims related to allegations of abuse. The Court also denied the county's motion to dismiss finding that the county was not subject to the immunity doctrines that applied to its judges or commissioners. 2009 WL 4051974.

The plaintiffs continued to amend their complaints with additional parties and information, and the parties continued to engage in arguments on several motions to dismiss over the next two years. The Provider Defendants sought a preliminary injunction enjoining the Supreme Court of Pennsylvania and its agents from enforcing orders directing the defendants to expunge records related to this case, which was granted by the Court on June 9, 2010. 2010 WL 2367672.

Over the next year and a half, most of the defendants were dismissed, leaving the Judge Defendants, Provider Defendants, Construction Defendants, Powell Defendants, the county, and several county employees. On July 9, 2010, the Court dismissed the claim against the County because the plaintiffs failed to allege a policy or custom that created a cause of action for municipal liability. 2010 WL 2746394. On August 24, 2010, the Court dismissed all claims against the spouses of the Judge Defendants because the plaintiffs failed to allege actual participation in the conspiracy. The Court dismissed the substantive due process claim against the Provider Defendants and Construction Defendants because the plaintiffs did not allege deliberate conduct that the Defendants sought to harm the parent-child relationship; however, the Court found that the plaintiffs sufficiently stated all other claims against them. 2010 WL 3398995. On August 24, 2010, the Court dismissed all claims against the defendant county psychologist because the plaintiffs failed to allege facts that supported a finding that he violated their rights. 2010 WL 3398992.

On November 30, 2011, the Court dismissed additional § 1983 claims on interference with familial relations against the Provider Defendants and Construction Defendants because the plaintiffs failed to allege facts supporting their claim that the defendants deliberately directed their conduct to interfere the parent-child relationships. The Court dismissed § 1985 claims because the plaintiffs were not a discrete and insular minority. The Court also dismissed the Sixth and Eighth Amendment claims, the Fifth and Fourteenth Amendment claims, the §§ 1985 and 1986 claims, and the Juvenile Justice and Delinquency Prevention Act claim of the parents against the Chief Probation Officer. While it granted dismissal of all claims related to sentencing recommendations against the Defendant Chief Probation Officer on the grounds of qualified-judicial immunity, it denied dismissal of the claims related to her investigative role. Finally, the Court dismissed all claims against the County, the County Department of Juvenile Probation, and County officials. 2011 WL 6003916.

However, what was left was the core of the case: the Court denied dismissal of the punitive damage claims and the remaining § 1983 claims against the defendants.

On December 16, 2011, the plaintiffs and the Construction Defendants moved for preliminary approval of a class action settlement. The Court approved the settlement on December 14, 2012. 2012 WL 6552134. For the purposes of the settlement, the classes were certified as:

1. all juveniles who appeared before former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella between January 1, 2003 and May 28, 2008 who were adjudicated or placed by Ciavarella ("Juvenile Settlement Class"); and

2. all parents and/or guardians of all juveniles who appeared before former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella between January 1, 2003 and May 28, 2008 and who, in connection with their child's appearance: (i) made payments or had wages, social security or other entitlements garnished or withdrawn; (ii) had costs, fees, interest and/or penalties assessed against them or their child; (iii) suffered any loss of companionship and/or familial integrity ("Parent Settlement Class").

The Construction Defendants established a cash settlement fund of $17,750,000. Class Counsel were allowed to apply for up to 30% of the settlement amount in addition to litigation expenses. After payment of the above, taxes, and payment to the escrow agent, the Cash Settlement Fund was distributed to class members who turned in a proof of claim. Following this settlement, the plaintiffs voluntarily dismissed their claims against the Construction Defendants on December 26, 2012. 2012 WL 6552134.

Throughout 2012, the plaintiffs and Provider Defendants, Judge Defendants, and Powell Defendants continued to engage in discovery. On March 21, 2012, the Court denied the Provider Defendants' motion for judgment on the pleadings that argued several of the plaintiffs' claims were untimely. Instead, the Court found that the statute of limitations was tolled because the Court was still deciding on the validity of class certification. In July 2012, the Court also denied several motions and cross-motions for partial summary judgment by the plaintiffs and Provider Defendants because disputed facts remained.

On February 1, 2013, the plaintiffs moved to certify the class, and the Court granted their motion on May 14, 2013. There were two classes based on which violations the children experienced, Class A and Class B. Class A included a class for the Violation of Right to Impartial Tribunal:

"All children who were adjudicated delinquent or referred to placement by Ciavarella between 2003 and May 2008, whose adjudications were vacated, expunged, and dismissed with prejudice by orders of the Pennsylvania Supreme Court dated October 29, 2009 or March 29, 2010. See in re Expungement of Juvenile Records and Vacatur of Luzerne County Juvenile Court Consent Decrees or Adjudications from 2003-2008, No. 81-MM-2008 (Pa.)"
Class A also included two sub-classes. Subclass A.1 for Violations of Right to Counsel:
"All children in Class A who were adjudicated delinquent or referred to placement by Ciavarella without counsel and/or without colloquies on the record that informed them of their rights and the consequences of waiving those rights, before either waiving counsel and/or pleading guilty, during the time between 2003 and May 2008."
Subclass A.2 for False Imprisonment:
"All children in Class A who were referred to placement at PA Child Care and/or Western PA Child Care by Ciavarella between 2003 and May 2008."
Class B included children who experienced Violations of the RICO Act:
"All children who were adjudicated delinquent or referred to placement by Ciavarella who paid fees, costs, fines, restitution, or any other monetary charges associated with their adjudications and/or placements during the time period between 2003 and May 2008, as well as all children's parents or guardians who paid fees, costs, fines, restitution, or any other monetary charges associated with their children's adjudications and/or placements during the same time period."
2013 WL 2042369. The Plaintiffs, Judge Defendants, and Powell Defendants continued to engage in discovery throughout 2013. The Court granted default judgment against one of the Judge Defendants and several companies alleged to have participated in the wire transfers. The Court granted summary judgment in favor of the plaintiffs against the other Judge Defendant on January 9, 2014, finding him liable for all issues that were not protected by judicial immunity. 2014 WL 70092.

On May 30, 2014, the plaintiffs and Provider Defendants moved for settlement and class certification. The Court granted final approval of the settlement on July 7, 2014. For the purposes of settlement, the classes were settled as:

"a. all juveniles who appeared before former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella between January 1, 2003 and May 28, 2008 who were adjudicated or placed by Ciavarella (the "Juvenile Settlement Class")' and

b. all parents and/or guardians of all juveniles who appeared before former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella between January 1, 2003 and May 28, 2008 and who, in connection with their child's adjudication or placement:

(i) made payments or had wages, social security or other entitlements garnished or withdrawn;

(ii) paid costs, fees, interest and/or penalties in their own names;

(iii) suffered any loss of companionship and/or familial integrity (the "Parent Settlement Class"), and

(iv) who were not fully reimbursed as a result of claims made in connection with the Mericle Settlement, defined in the MSA."

The Provider Defendants established a $2,500,000 settlement fund. Following payment of court-approved costs and fees, the remaining amount was separated into a juvenile fund (70% of remaining funds), parent fund (15% of remaining funds), and holdback fund (15% of remaining funds). The holdback fund was to be held back and used to pay costs of appeals until all final accounting was complete for the cash settlement fund. 2014 WL 12638876.

The Plaintiffs and Powell Defendants continued to engage in discovery. On March 10, 2015, the parties moved for settlement, which the Court approved on December 21, 2015. The classes were defined as:

A. All juveniles who appeared before former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella Jr. between January 1, 2003 and May 28, 2008 who were adjudicated delinquent or placed by Ciavarella ("Juvenile Settlement Class").

B. All parents and/or guardians of all juveniles in paragraph (A) who, as a result of their child's adjudication of delinquency or placement by Judge Ciavarella between January 1, 2003 and May 28, 2008: (i) made payments in their own names or had wages, social security or other entitlements in their own names garnished or withdrawn; (ii) had costs, fees, interest and/or penalties in their own names assessed against them or their child; and/or (iii) suffered any loss of companionship and/or familial integrity ("Parent Settlement Class") and were not fully reimbursed as a result of claims made in connection with the Mericle Settlement and/or the Provider Settlement, defined in the Agreement.

The Powell Defendants agreed to establish a cash settlement fund of $4,750,000. The Powell Defendants also agreed to make an additional payment of up to $2,750,000 based on Powell's net worth. The fund was established first to pay attorneys' fees and costs awarded by the Court, next to pay all settlement administration costs and costs of notice related to the settlement, and lastly, to distribute all remaining funds to the settlement class members who submitted a proof of claim form. 2015 WL 9268445.

At this point, the case was fully litigated: all the parties either were dismissed or settled. However, the Court retained jurisdiction for the enforcement and interpretation of the settlement. On December 7, 2017, the Court granted in part the plaintiffs' motion to interpret the Powell settlement agreement in order to determine the amount of time necessary to complete an evaluation of Powell's net worth and ordered the evaluation be completed by February 6, 2018. On June 6, 2018, the Court granted in part plaintiffs' motion to interpret the Powell settlement agreement, again related to the completion of the net worth evaluation. The Court required that the evaluator provide missing, relevant financial information within twenty-one days. Litigation over the net worth professional fees continued until January, 2019, when they were finally resolved.

On May 25, 2020, the case was reassigned to Chief Judge Christopher C. Conner. He issued an order on April 13, 2020 requiring the parties to file a joint status report apprising the court of which claims had settled and which remained open. The parties filed this report on April 24, 2020, stating that the Mericle, Provider, and Powell settlements had all been completed. The outstanding claims were those that plaintiffs intended to pursue against former Judges Michael T. Conahan and Mark A. Ciavarella for damages associated with existing judgments against the two.

The court ordered plaintiffs to file the appropriate motion to proceed with the remaining claims by June 1, 2020. As of May 27, 2020, the case remains open and ongoing.

Summary Authors

Cade Boland (6/29/2018)

Alex Moody (5/27/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4373155/parties/wallace-v-powell/


Judge(s)

Caputo, A. Richard (Pennsylvania)

Attorneys(s) for Plaintiff

Caroselli, William R (Pennsylvania)

Cefalo, Michael J (Pennsylvania)

DeFrancesco, Richard C (Pennsylvania)

Desai, Neha (Pennsylvania)

Dyller, Barry H. (Pennsylvania)

Fantini, Lauren C (Pennsylvania)

Farmer, Shannon D. (Pennsylvania)

Fazio, Michael A (New Jersey)

Freeman, Richard G. (Pennsylvania)

Judge(s)

Caputo, A. Richard (Pennsylvania)

Attorneys(s) for Plaintiff

Caroselli, William R (Pennsylvania)

Cefalo, Michael J (Pennsylvania)

DeFrancesco, Richard C (Pennsylvania)

Desai, Neha (Pennsylvania)

Dyller, Barry H. (Pennsylvania)

Fantini, Lauren C (Pennsylvania)

Farmer, Shannon D. (Pennsylvania)

Fazio, Michael A (New Jersey)

Freeman, Richard G. (Pennsylvania)

Gelb, Johanna L (Pennsylvania)

Hough, Timothy R (Pennsylvania)

Keach, Elmer Robert III (New York)

Keene, Rachel M. (Pennsylvania)

Keller, Emily C. (Pennsylvania)

Kleiner, Daniel E (Pennsylvania)

Levick, Marsha (Pennsylvania)

Levin, Arnold (Pennsylvania)

Melley, Rebecca S. (Pennsylvania)

Montgomery, Bridget E (Pennsylvania)

O'Mullan, Michael P (New Jersey)

Racine, Amber M (Pennsylvania)

Rosado, Lourdes M. (Pennsylvania)

Schertz, David J (Pennsylvania)

Seach, Stephen A (Pennsylvania)

Segal, Daniel (Pennsylvania)

Senoff, David S (Pennsylvania)

Valenziano, Anthony (New Jersey)

Webb, Adrianne Walvoord (Pennsylvania)

Weiss, Sol H (Pennsylvania)

Attorneys(s) for Defendant

Adelsberger, Donna L. (Pennsylvania)

Andrisani, Nathan J (Pennsylvania)

Bednarek, Nicole F. (Pennsylvania)

Benson, Laura E. (Pennsylvania)

Borland, Kimberley D. (Pennsylvania)

Brenner, Thomas Edward (Pennsylvania)

Brucker, William G. (Pennsylvania)

Caravello, Laura E. (Pennsylvania)

Ciavarella , Mark A Jr. (Pennsylvania)

Dean, John G (Pennsylvania)

Falcone, Samuel A. (Pennsylvania)

Fannick, Demetrius W. (Pennsylvania)

Fay, Joseph B.G. (Pennsylvania)

Flounlacker, John (Pennsylvania)

Gelso, Philip (Pennsylvania)

Gilmartin, Marianne J. (Pennsylvania)

Hogan, Matthew (Pennsylvania)

Huyett, Daniel Henry III (Pennsylvania)

Kraeutler, Eric (Pennsylvania)

Mahoney, Harry G. (Pennsylvania)

McCarroll, Scott D. (Pennsylvania)

McDonough, Suzanne (Pennsylvania)

McNelis, Edward P (Pennsylvania)

Myers, Timothy T (Pennsylvania)

Rhoades, Stephen D (Pennsylvania)

Schneider, Bernard M (Pennsylvania)

Schwartzman, James (Pennsylvania)

Sebelin, Jane S (Pennsylvania)

Simon, Deborah Hart (Pennsylvania)

Sinaiko, Stephen M. (New York)

Stallings, Stephen S. (Pennsylvania)

Steidle, John M. (Pennsylvania)

Swetz, James A. (Pennsylvania)

Tanchyk, Alison (Pennsylvania)

Vipond , Jonathan III (Pennsylvania)

Walsh, Kevin M. (Pennsylvania)

Wieand, Donald E. Jr (Pennsylvania)

Wiener, Susan J. (Pennsylvania)

Williams, A. Taylor (Pennsylvania)

Wishnoff, Howard (Pennsylvania)

Other Attorney(s)

Brobst, Donald H. (Pennsylvania)

Campenni, Thomas J. (Pennsylvania)

Daley, Michael P (Pennsylvania)

Davison, Robert V. (Pennsylvania)

Feldman, Jeffrey S (Pennsylvania)

Kostelansky, Michael R. (Pennsylvania)

Mattern, Harry P. (Pennsylvania)

Menn, Stephen M. (Pennsylvania)

Richman, Jessica L (Pennsylvania)

Sheppard, Mark B (Pennsylvania)

Vinsko, William E. (Pennsylvania)

Yeager, Joseph J. (Pennsylvania)

Documents in the Clearinghouse

Document

3:09-cv-00286

3:09-cv-00357

Docket [PACER]

H.T. v. Ciavarella

Jan. 9, 2013

Jan. 9, 2013

Docket

3:09-cv-00286

Docket [PACER]

Wallace v. Powell

June 18, 2018

June 18, 2018

Docket
1

3:09-cv-00286

Class Action Complaint

Wallace v. Powell

Feb. 13, 2009

Feb. 13, 2009

Complaint
1

3:09-cv-00357

Complaint-Class Action

H.T. v. Ciavarella

Feb. 26, 2009

Feb. 26, 2009

Complaint
50

3:09-cv-00357

Amended Complaint-Class Action

H.T. v. Ciavarella

April 23, 2009

April 23, 2009

Complaint
335

3:09-cv-00286

3:09-cv-00357

Memorandum

Wallace v. Powell

Nov. 20, 2009

Nov. 20, 2009

Order/Opinion
336

3:09-cv-00286

3:09-cv-00357

3:09-cv-00291

3:09-cv-00630

Memorandum and Order

Wallace v. Powell

Nov. 20, 2009

Nov. 20, 2009

Order/Opinion
411

3:09-cv-00286

3:09-cv-00357

Memorandum

Wallace v. Powell

March 1, 2010

March 1, 2010

Order/Opinion
530

3:09-cv-00286

3:09-cv-00357

Memorandum and Order

Wallace v. Powell

June 9, 2010

June 9, 2010

Order/Opinion
537

3:09-cv-00286

3:09-cv-00357

Memorandum and Order

Wallace v. Powell

July 9, 2010

July 9, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4373155/wallace-v-powell/

Last updated Nov. 29, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $350, Receipt Number 1498515), filed by Florence Wallace. (Attachments: # 1 Civil Cover Sheet)(ga, ) (Entered: 02/13/2009)

2 Civil Cover Sheet

View on PACER

Feb. 13, 2009

Feb. 13, 2009

RECAP
2

LETTER ORDER Re: Case Assignment and Procedures Signed by Honorable A. Richard Caputo on 2/20/09. (jam, ) (Entered: 02/23/2009)

Feb. 20, 2009

Feb. 20, 2009

PACER
3

AMENDED COMPLAINT against all defendants, filed by all Plaintiff's . (Attachments: # 1 Exhibit(s) Information, # 2 Exhibit(s) Plea Agreements, # 3 Exhibit(s) Audit)(Cefalo, Michael) (Additional attachment(s) added on 2/26/2009: # 4 Amended Complaint) (jam, ). Modified on 4/8/2009 (ga, ). (Entered: 02/25/2009)

Feb. 25, 2009

Feb. 25, 2009

PACER
4

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Richard C. DeFrancesco on behalf of all plaintiffs Attorney Richard C. DeFrancesco is seeking special admission. Filing fee $ 25, receipt number 03140000000001514024.. (DeFrancesco, Richard) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
5

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by David S. Senoff on behalf of all plaintiffs Attorney David S. Senoff is seeking special admission. Filing fee $ 25, receipt number 03140000000001514049.. (Senoff, David) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
6

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Lauren C. Fantini on behalf of all plaintiffs Attorney Lauren C. Fantini is seeking special admission. Filing fee $ 25, receipt number 03140000000001514096.. (Fantini, Lauren) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
7

NOTICE of Appearance by David S. Senoff on behalf of all plaintiffs (Senoff, David) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
8

NOTICE of Appearance by Lauren C. Fantini on behalf of all plaintiffs (Fantini, Lauren) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
9

NOTICE of Appearance by Richard C. DeFrancesco on behalf of all plaintiffs (DeFrancesco, Richard) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
10

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by David S. Senoff on behalf of all plaintiffs Attorney David S. Senoff is seeking special admission. Filing fee $ 25, receipt number 03140000000001515543.. (Senoff, David) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

PACER
11

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Lauren C. Fantini on behalf of all plaintiffs Attorney Lauren C. Fantini is seeking special admission. Filing fee $ 25, receipt number 03140000000001515546.. (Fantini, Lauren) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

PACER
12

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Richard C. DeFrancesco on behalf of all plaintiffs Attorney Richard C. DeFrancesco is seeking special admission. Filing fee $ 25, receipt number 03140000000001515600.. (DeFrancesco, Richard) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

PACER
13

SPECIAL ADMISSIONS FORM APPROVED as to Richard C. DeFrancesco, Esq.Signed by Honorable A. Richard Caputo on 3/5/09. (jam, ) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

PACER
14

SPECIAL ADMISSIONS FORM APPROVED as to Lauren C. Fantini, Esq.Signed by Honorable A. Richard Caputo on 3/5/09. (jam, ) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

PACER
15

SPECIAL ADMISSIONS FORM APPROVED as to David S. Senoff, Esq. Signed by Honorable A. Richard Caputo on 3/5/09. (jam, ) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

PACER
16

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by William R. Caroselli on behalf of all plaintiffs Attorney William R. Caroselli is seeking special admission. Filing fee $ 25, receipt number 03140000000001517221.. (Caroselli, William) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
17

NOTICE of Appearance by William R. Caroselli on behalf of all plaintiffs. (Caroselli, William) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
18

NOTICE of Appearance by Edward P. McNelis on behalf of Cindy Ciavarella (McNelis, Edward) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
19

NOTICE of Appearance by Edward P. McNelis on behalf of Barbara Conahan (McNelis, Edward) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
20

WAIVER OF SERVICE Returned by Florence Wallace. Barbara Conahan waiver sent on 2/25/2009, answer due 4/27/2009. (Cefalo, Michael) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
21

WAIVER OF SERVICE Returned by Florence Wallace. Cindy Ciavarella waiver sent on 2/17/2009, answer due 4/20/2009. (Cefalo, Michael) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
22

SPECIAL ADMISSIONS FORM APPROVED as to William R. Caroselli, Esq.Signed by Honorable A. Richard Caputo on 3/9/09. (jam, ) (Entered: 03/09/2009)

March 9, 2009

March 9, 2009

PACER
23

NOTICE of Appearance by Kimberly D. Borland on behalf of Robert K Mericle, Mericle Construction, Inc.. (Borland, Kimberly) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

PACER
24

WAIVER OF SERVICE Returned by Florence Wallace. Barbara Conahan waiver sent on 3/9/2009, answer due 5/8/2009. (Cefalo, Michael) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

PACER
25

WAIVER OF SERVICE Returned by Florence Wallace. Cindy Ciavarella waiver sent on 3/9/2009, answer due 5/8/2009. (Cefalo, Michael) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

PACER
26

NOTICE of Appearance by Stephen D. Rhoades on behalf of Barbara Conahan (Rhoades, Stephen) (Entered: 03/12/2009)

March 12, 2009

March 12, 2009

PACER
27

WAIVER OF SERVICE Returned by Florence Wallace. Frank Vita, Ph.D. waiver sent on 3/10/2009, answer due 5/11/2009. (Cefalo, Michael) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER
28

WAIVER OF SERVICE Returned by Florence Wallace. Mericle Construction, Inc. waiver sent on 3/7/2009, answer due 5/6/2009. (Cefalo, Michael) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER
29

WAIVER OF SERVICE Returned by Florence Wallace. Robert K Mericle waiver sent on 3/7/2009, answer due 5/6/2009. (Cefalo, Michael) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER
30

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Bernard M Schneider on behalf of Mid Atlantic Youth Services Corp., PA Child Care, LLC, Western PA Child Cared, LLC Attorney Bernard Schneider is seeking special admission. Filing fee $ 25, receipt number 03140000000001524109.. (Schneider, Bernard) (Entered: 03/16/2009)

March 16, 2009

March 16, 2009

PACER
31

STIPULATION for Extension of Time to Answer or Otherwise Plead by all Plaintiff's . (Senoff, David) Modified on 4/8/2009 (ga, ). (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

PACER
32

STIPULATION for Extension of Time to Answer or Otherwise Plead for Defendant PA Child Care, LLC by all Plaintiff's . (Senoff, David) Modified on 4/8/2009 (ga, ). (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

PACER
33

STIPULATION for Extension of Time to Answer or Otherwise Plead for Western PA Child Care, LLC by all Plaintiff's . (Senoff, David) Modified on 4/8/2009 (ga, ). (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

PACER
34

Subpoena To Luzerne County Juvenile Probation Department by Florence Wallace.. (Cefalo, Michael) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

PACER
35

Proof of Service - Luzerne County Juvenile Probation Department by Florence Wallace. 34 Document Filed. (Cefalo, Michael) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

PACER
36

Proof of Service - Luzerne County Solicitor by Florence Wallace. 34 Document Filed. (Cefalo, Michael) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

PACER
37

NOTICE of Appearance by James A. Swetz on behalf of Frank Vita, Ph.D.. (Swetz, James) (Entered: 03/18/2009)

March 18, 2009

March 18, 2009

PACER
38

SPECIAL ADMISSIONS FORM APPROVED as to Bernard M. Schneider, Esq.Signed by Honorable A. Richard Caputo on 3/19/09. (jam, ) (Entered: 03/19/2009)

March 19, 2009

March 19, 2009

PACER
39

STIPULATION for Extension of Time to Answer or Otherwise Plead for Defendant Frank Vita by all Plaintiff's . (Senoff, David) Modified on 4/8/2009 (ga, ). (Entered: 03/20/2009)

March 20, 2009

March 20, 2009

PACER
40

WAIVER OF SERVICE Returned by all Plaintiff's . Western PA Child Cared, LLC waiver sent on 3/17/2009, answer due 5/18/2009. (Senoff, David) Modified on 4/8/2009 (ga, ). (Entered: 03/20/2009)

March 20, 2009

March 20, 2009

PACER
41

WAIVER OF SERVICE Returned by all Plaintiff's . Western PA Child Cared, LLC waiver sent on 2/17/2009, answer due 5/18/2009. (Senoff, David) Modified on 4/8/2009 (ga, ). (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
42

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kimberly D. Borland on behalf of Robert K Mericle, Mericle Construction, Inc. Attorney Nathan J. Andrisani is seeking special admission. Filing fee $ 25, receipt number 03140000000001530051.. (Borland, Kimberly) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
43

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kimberly D. Borland on behalf of Robert K Mericle, Mericle Construction, Inc. Attorney Matthew J. D. Hogan is seeking special admission. Filing fee $ 25, receipt number 03140000000001530064.. (Borland, Kimberly) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
44

AFFIDAVIT of Service for Complaint served on Mark A. Ciavarella on 02/17/2009, filed by Florence Wallace. (Cefalo, Michael) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
45

AFFIDAVIT of Service for Complaint served on Powell Law Group on 02/17/2009, filed by Florence Wallace. (Cefalo, Michael) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
46

AFFIDAVIT of Service for Complaint served on Robert J. Powell on 02/17/2009, filed by Florence Wallace. (Cefalo, Michael) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
47

WAIVER OF SERVICE Returned by all Plaintiff's . Mid Atlantic Youth Services Corp. waiver sent on 2/17/2009, answer due 4/20/2009. (Senoff, David) Modified on 4/8/2009 (ga, ). (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
48

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kimberly D. Borland on behalf of Robert K Mericle, Mericle Construction, Inc. Attorney Eric Kraeutler is seeking special admission. Filing fee $ 25, receipt number 03140000000001530088.. (Borland, Kimberly) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
49

AFFIDAVIT of Service for Complaint served on Robert J. Powell, Defendant's Representative on 03/10/2009, filed by Florence Wallace. (Cefalo, Michael) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
50

AFFIDAVIT of Service for Amended Complaint served on Mark A. Ciavarella on 03/04/2009, filed by Florence Wallace. (Cefalo, Michael) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
51

AFFIDAVIT of Service for Amended Complaint served on Robert J. Powell, Representative of Vision Holdings, LLC on 03/10/2009, filed by Florence Wallace. (Cefalo, Michael) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
52

WAIVER OF SERVICE Returned by all Plaintiff's. Mark A Ciavarella waiver sent on 3/4/2009, answer due 5/4/2009. (Cefalo, Michael) Modified on 4/8/2009 (ga, ). (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

PACER
53

WAIVER OF SERVICE Returned by all Plaintiff's . PA Child Care, LLC waiver sent on 2/17/2009, answer due 4/20/2009. (Senoff, David) Modified on 4/8/2009 (ga, ). (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

PACER
54

AFFIDAVIT of Service for Amended Complaint served on Harriet Harris, Agent of Defendant Powell Law Group on 03/17/2009, filed by Florence Wallace. (Cefalo, Michael) (Entered: 03/25/2009)

March 25, 2009

March 25, 2009

PACER
55

AFFIDAVIT of Service for Amended Complaint served on Hattie Harris, Agent of Defendant Robert J. Powell on 03/17/2009, filed by Florence Wallace. (Cefalo, Michael) (Entered: 03/25/2009)

March 25, 2009

March 25, 2009

PACER
56

WAIVER OF SERVICE Returned by all Plaintiff's. Pinnacle Group Of Jupiter, LLC waiver sent on 3/4/2009, answer due 5/4/2009. (Cefalo, Michael) Modified on 4/8/2009 (ga, ). (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
57

WAIVER OF SERVICE Returned by all Plaintiff's. Michael T. Conahan waiver sent on 3/4/2009, answer due 5/4/2009. (Cefalo, Michael) Modified on 4/8/2009 (ga, ). (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
58

WAIVER OF SERVICE Returned by all Plaintiff's. Beverage Marketing Of PA, Inc. waiver sent on 3/4/2009, answer due 5/4/2009. (Cefalo, Michael) Modified on 4/8/2009 (ga, ). (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
59

SPECIAL ADMISSIONS FORM APPROVED as to Nathan J. Andrisani, Esq.Signed by Honorable A. Richard Caputo on 3/26/09. (jam, ) (Entered: 03/27/2009)

March 26, 2009

March 26, 2009

PACER
60

SPECIAL ADMISSIONS FORM APPROVED as to Matthew J.D. Hogan, Esq.Signed by Honorable A. Richard Caputo on 3/26/09. (jam, ) (Entered: 03/27/2009)

March 26, 2009

March 26, 2009

PACER
61

SPECIAL ADMISSIONS FORM APPROVED as to Eric Kraeutler, Esq. Signed by Honorable A. Richard Caputo on 3/26/09. (jam, ) (Entered: 03/27/2009)

March 26, 2009

March 26, 2009

PACER
62

STIPULATION for Extension of Time to Answer or Otherwise Plead for Defendant Mark A. Ciavarella by all Plaintiff's . (Senoff, David) Modified on 4/8/2009 (ga, ). (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

PACER
63

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kimberly D. Borland on behalf of Robert K Mericle, Mericle Construction, Inc. Attorney Alison Tanchyk Dante is seeking special admission. Filing fee $ 25, receipt number 03140000000001536010.. (Borland, Kimberly) (Entered: 03/30/2009)

March 30, 2009

March 30, 2009

PACER
64

AFFIDAVIT of Service for Amended Complaint served on Katherine E. Farrell on behalf of Defendant Sandra Brullo on 03/09/2009, filed by Florence Wallace. (Cefalo, Michael) (Entered: 03/30/2009)

March 30, 2009

March 30, 2009

PACER
69

SPECIAL ADMISSIONS FORM APPROVED as to Alison Tanchyk Dante, Esq.Signed by Honorable A. Richard Caputo on 3/31/09. (jam, ) (Entered: 04/02/2009)

March 31, 2009

March 31, 2009

PACER
65

NOTICE of Appearance by Nathan J. Andrisani on behalf of Robert K Mericle, Mericle Construction, Inc. (Andrisani, Nathan) (Entered: 04/02/2009)

April 2, 2009

April 2, 2009

PACER
66

NOTICE of Appearance by Matthew J.D. Hogan on behalf of Robert K Mericle, Mericle Construction, Inc. (Hogan, Matthew) (Entered: 04/02/2009)

April 2, 2009

April 2, 2009

PACER
67

NOTICE of Appearance by Eric Kraeutler on behalf of Robert K Mericle, Mericle Construction, Inc. (Kraeutler, Eric) (Entered: 04/02/2009)

April 2, 2009

April 2, 2009

PACER
70

NOTICE of Appearance by Alison T. Dante on behalf of Robert K Mericle, Mericle Construction, Inc. (Dante, Alison) (Entered: 04/03/2009)

April 3, 2009

April 3, 2009

PACER
71

NOTICE of Appearance by Philip Gelso on behalf of Pinnacle Group Of Jupiter, LLC, Beverage Marketing Of PA, Inc., Michael T. Conahan (Gelso, Philip) (Entered: 04/04/2009)

April 4, 2009

April 4, 2009

PACER
72

SCHEDULING ORDER: ORDERED that Counsel for all parties shall appear for an initial conference on FRIDAY, MAY 8, 2009 at 10:00 AM in Chambers, Wilkes-Barre. See Order for additional details. Signed by Honorable A. Richard Caputo on 4/9/09. (jam, ) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

PACER
73

NOTICE of Appearance by Ruth S. Borland on behalf of Robert K Mericle, Mericle Construction, Inc.. (Borland, Ruth) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

PACER
74

NOTICE of Appearance by Suzanne McDonough on behalf of Sandra Brullo (McDonough, Suzanne) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

PACER
75

WAIVER OF SERVICE Returned by Sandra Brullo. Sandra Brullo waiver sent on 3/4/2009, answer due 5/4/2009. (McDonough, Suzanne) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

PACER
76

WAIVER OF SERVICE Returned by All Plaintiffs. Gregory Zappala waiver sent on 3/24/2009, answer due 5/26/2009. (Senoff, David) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

PACER
77

NOTICE of Appearance by John Flounlacker on behalf of Sandra Brullo (Flounlacker, John) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

PACER
78

NOTICE of Appearance by Stephen D. Rhoades on behalf of Cindy Ciavarella (Rhoades, Stephen) (Entered: 04/21/2009)

April 21, 2009

April 21, 2009

PACER
79

NOTICE of Appearance by Scott D. McCarroll on behalf of Sandra Brullo (McCarroll, Scott) (Entered: 04/27/2009)

April 27, 2009

April 27, 2009

PACER
80

CASE MANAGEMENT PLAN by All Plaintiffs. (Attachments: # 1 Exhibit(s) A)(Senoff, David) (Entered: 05/04/2009)

2 Exhibit(s) A

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May 4, 2009

May 4, 2009

PACER
83

ORDER: In view of the oral motion of Jonathan Vipond, III, Esquire to withdraw as counsel for Western PA Child Care, LLC, PA Child Care, LLC and Mid Atlantic Youth Services Corp., IT IS HEREBY ORDERED that the motion is granted, and the Clerk of Court is directed to reflect Mr. Vipond's withdrawal on the docket. Signed by Honorable A. Richard Caputo on 5/12/09. (jam, ) (Entered: 05/14/2009)

May 12, 2009

May 12, 2009

PACER
82

CASE MANAGEMENT ORDER - IT IS HEREBY ORDERED as follows: Plaintiffs may amend their Complaints on or before May 29, 2009. Motions regarding judicial immunity, abstention and/or the application of the Rooker-Feldman Doctrine, together with supporting briefs, shall be filed on or before June 29, 2009. Briefs in opposition to any such motions shall be filed on or before July 29, 2009. Reply briefs shall be filed on or before August 12, 2009. Counsel have advised they are in the process of arriving at an agreed-upon Confidentiality Agreement to be approved by the Court. The Agreement shall be submitted to the Court no later than June 8, 2009. These cases will be consolidated for discovery purposes. ALL FUTURE FILINGS IN THESE MATTERS SHALL BE DOCKETED TO CIVIL ACTION NUMBER 3:CV-09-286. Filings should contain a caption with all four (4) cases as set forth on this Order. Discovery shall proceed as discussed at the conference on May 8, 2009 on both the issue of class certification and on the merits. Motions for further amendments and motions for joinder of additional parties shall be filed no later than August 12, 2009. A periodic conference will be held regarding ongoing matters of case management (including expert reports and the maintenance of plaintiffs' counsel's billing records) on FRIDAY, JULY 31, 2009 at 10:00 a.m., Max Rosenn United States Courthouse, 197 South Main Street, Wilkes-Barre, Pennsylvania. A periodic conference regarding consideration of and dates for dispositive motions under Fed. R. Civ. P. 12 and 56, pretrial conference, trial date and RICO statements will be held on THURSDAY, OCTOBER 1, 2009 at 10:00 a.m., Max Rosenn United States Courthouse, 197 South Main Street, Wilkes-Barre, Pennsylvania. (See Order for further details) Signed by Honorable A. Richard Caputo on 5/12/09. (ga, ) Modified on 5/15/2009 (jam, ). (Entered: 05/14/2009)

May 14, 2009

May 14, 2009

PACER
84

WAIVER OF SERVICE Returned by Samantha Humanik. Perseus House, Inc. waiver sent on 4/16/2009, answer due 6/15/2009. (Kleiner, Daniel) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

PACER
85

NOTICE of Appearance by Donna L. Adelsberger on behalf of Gregory Zappala, Mid Atlantic Youth Services Corp. (Adelsberger, Donna) (Entered: 05/20/2009)

May 20, 2009

May 20, 2009

PACER
86

WAIVER OF SERVICE Returned by Samantha Humanik. PA Child Care, LLC waiver sent on 4/16/2009, answer due 6/15/2009. (Kleiner, Daniel) (Entered: 05/21/2009)

May 21, 2009

May 21, 2009

PACER
87

WAIVER OF SERVICE Returned by Samantha Humanik. Western PA Child Cared, LLC waiver sent on 4/16/2009, answer due 6/15/2009. (Kleiner, Daniel) (Entered: 05/21/2009)

May 21, 2009

May 21, 2009

PACER
88

WAIVER OF SERVICE Returned by Samantha Humanik. Gregory Zappala waiver sent on 4/16/2009, answer due 6/15/2009. (Kleiner, Daniel) (Entered: 05/21/2009)

May 21, 2009

May 21, 2009

PACER
89

WAIVER OF SERVICE Returned by Samantha Humanik. Mid Atlantic Youth Services Corp. waiver sent on 4/16/2009, answer due 6/15/2009. (Kleiner, Daniel) (Entered: 05/21/2009)

May 21, 2009

May 21, 2009

PACER
90

NOTICE of Appearance by Mark B. Sheppard on behalf of Robert J. Powell (Sheppard, Mark) (Entered: 05/22/2009)

May 22, 2009

May 22, 2009

PACER
91

AMENDED COMPLAINT Second Amended Complaint against Luzerne County, Gregory Zappala, Pinnacle Group Of Jupiter, LLC, Barbara Conahan, Cindy Ciavarella, Beverage Marketing Of PA, Inc., Vision Holdings, LLC, Joe Doe, Mid Atlantic Youth Services Corp., Powell Law Group, P.C., Sandra Brullo, Frank Vita, Ph.D., Robert J. Powell, Michael T. Conahan, Mark A Ciavarella, PA Child Care, LLC, Western PA Child Cared, LLC, Robert K Mericle, Mericle Construction, Inc., filed by Bernard Wallace, Nancy Henry, Teresa Metzo, David Quick, Arthur Blake, Michelle Martz, Joelle Angeli, Maria Brooks, Melanie Coxe, Heath Houseknecht, Bridget DeFalco, Zachary Richards, Dawn Evans, Evans Charles, K. E., Heather Evans, David Gazdziak, Rebecca Gazdziak, Peter Huff, Laura Kilheeney, Tiffany Wren, Joseph Kulp, D. K., Dale Kropa, Debra Kropa, John Lombard, Jack Lombard, Richard Maguschak, James Rodriquez, Anthony Morales, Susan Morgans, Kelcy Morgans, C. U., Desiree Parduski, Catherine Schmeer, Karlie Schmeer, Mark Soltis, C. W., Chantell Welch, Eric Davis, Kathleen Brekke, Britny Cunnington, J. W., Annie Bryant, Lloyd Bryant, Kimberly Delaney Goggin, Nicholas Jamilowski, K. J., Tracey Jarmon, Derek Klick, Larry M. Muhlenberg, Jr., Deanna O'Boyle, Donna Olsen, J.C. P., Wanda Pacheco, Justin Rosser, Brandon Schmeer, Elise Wallace, David Wallace, Maureen Stinson, Stepfhon Edwards, Jr., L.M. K., Pinkey Brooks, Chyna Reese, Joel Foster, Lori Shusta, Anthony Lavin, Geoff Presley, Christopher Bower, Alissa Conahan, Elaine Macri, Cynthia Ide, Christina Tremblay, Robert Klein, Eileen Maurer, Lisa Mazur, David Mazur, William Parsons, Carri Perna, Jane Everett, Natalie Woolbert, Dennis Yost, Sr., Ian Alexander, John Fronczkiewicz, Joseph Babbitt, III, Marlin Boehmer, Jeremy Boehmer, Carl N. Busch, Kim Riccio, Brock Riccio, Michael Salko, Jr., Keith Perschau, Mary Ellen Balliet, Lisa Brock, Steve Fromel, Joshua Fromel, S. S., Barbara Johnson, Matthew Wrhel, Heather Walton, Wayne Allen Hunter, III, Richard Avery, Donna Roman, E. E., Heather Lake, Cristal Lee Mutua, Necia Gazdziak, Douglas Klug, Colleen Kluchinsky, John Stolarik, Joyce Stolarik, C.A. M., Debbie Martin, Margaret McGrath, Nicholas Miller, April Roman, Timothy Bantell, Stacey Hvizda, Christopher Hughes, Kelly M. Grey-Wasielewski, Joseph Austra, Angela Bezdziecki, Linda Bezdzeicki, L. E., James M. Hughes, Christina Jennings, Jason Kisthardt, T. L., Lynn Downs, Matthew Lomascolo, A. M., Ardest Maldonado, S. N., Stephanie Parsons, Alan Parsons, Daniella Ormsby, Autumn Parry, B. P., Dorothy Jackson-Pearyer, Kylie Scheleble, Ashton Schelble, Paul DePrimo, Joseph DePrimo, G. S., Angela Davis, Michelle Yurkanin, Alexander Lomascolo, Cynthia Lomascolo, Jeremiah Lenchick, Barbara Sieminski, Baily Sieminski-Hess, R. O., Laura O'Gorman, Eric Drouse, Sr., Erica Drouse, Andrew Kuklinski, Timothy Jones, Kevin Kuklinski, D.K. a minor by Duane Kennedy, Duane Kennedy, Kevin Klauss, Brittany Klein, Lori Klug, B.W., Jennifer Klug, David Kotz, Nicole Kotz, Walter Kulic, Raheem Armitage, Denise Lenahan, Dyllon Rybka, Alex Hippeli, William Von Tulganburg, Marie Mancia, Anthony Mancia, Evan Maurer, Michael Mazur, K.M. a minor by Mesunga McCree, Mesunga McCree, Ryan McManus, Patrick Merrick, B.M. a minor by Mark Metzo, Jamie Quinn, Mark Metzo, Matthew Milne, Randy Ozehoski, Eric Parsons, Jessica Silva, Faith Powell, A.K. a minor by Faith Powell, Tonetti Schatzel, John Schatzel, D.S. a minor by Kipp Sebo, Kipp Sebo, Theodore Sherill, Kenny Shotwell, Tiffany Shotwell, Justin Soboski, Nadine Spiker, David Spiker, Mariah Stewart, Paul Stolarik, J.R. a minor by Sandra Swortzfigure, Sandra Swortzfigure, Ruth Ungvarsky, Amy Ungvarsky, Florence Wallace, George Vermack, Daryl Widder, David Sisk, Bruce Williams, Skyler Dane, Ashley Woolbert, Z.Z. a minor by David Zablotney, David Zoblotney, Kyle Avery, Jacqueline Bartenope, B.F. a minor by Jacqueline Bartenope, A.B. a minor by Ruth Blake, Ruth Blake, Sarah Martz, Deborah May, Raymond Naugle, Raymond Lobman, Lacy Strong, Jamie Zaccagni, Michelle Zinga, Amanda Dombek, Denise Anderson, Dennis Yost, Jeffrey Arnott, Dawn Babbitt, Matthew Babbitt, Clyde Backes, Joshua Backes, Michael Bodnar, Joann Boyle, Anthony Marsicano, T.B. a minor by Joyce Brown, Joyce Brown, Josh Cragle, E.S. a minor by Linda Donovan, Linda Donovan, Debra Dumas, Fred Dumas, J.D. a minor by Debra Dumas, Anthony Dupak, K.D. a minor by Anthony Dupak, Amanda Eddy, Charles Edwards, James Trocki, Christine Evans, C.E. a minor by Christine Evans, Julian Trevino, Maryann Grosky, Jesse Hartman, Melaine Heiser, Joshua Heiser, J.B. a minor by Glen Henry, Glen Henry, Jeffrey Hoyt, Keith Jeffrey Golomb, Craig Daniels, Robert Hunter, David Ide, Eric Ide. (Attachments: # 1 Exhibit(s) Information, # 2 Exhibit(s) Plea Agreements, # 3 Exhibit(s) Audit)(Caroselli, William) (Entered: 05/28/2009)

2 Exhibit(s) Information

View on PACER

3 Exhibit(s) Plea Agreements

View on PACER

4 Exhibit(s) Audit

View on PACER

May 28, 2009

May 28, 2009

RECAP
92

AMENDED COMPLAINT against all defendants, filed by Samantha Humanik.(Kleiner, Daniel) (Entered: 05/28/2009)

May 28, 2009

May 28, 2009

PACER
93

WAIVER OF SERVICE Returned by Elizabeth Lorah, Terry Lorah, Amanda Lorah, Tiffany Murphy, James Murphy, Stephen Fino, Lynn Fino, Jared Padden, John Padden, Paul Schweizer, Adam Thompson, Mary Seville, William Conway, Christian Ryan, Kevin Ryan, Tracey Rowlands, Paige Cicardo, William Cicardo, Angelia Karsko, Rosemary Karsko, Elizabeth Habel, Gloria Habel, Richard Habel. Robert J. Powell waiver sent on 3/31/2009, answer due 6/1/2009. (Dyller, Barry) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

PACER
94

AMENDED COMPLAINT Conway Second Amended Complaint against Gregory Zappala, Pinnacle Group Of Jupiter, LLC, Barbara Conahan, Cindy Ciavarella, Beverage Marketing Of PA, Inc., Vision Holdings, LLC, Mid Atlantic Youth Services Corp., Sandra Brullo, Robert J. Powell, Michael T. Conahan, Mark A Ciavarella, PA Child Care, LLC, Western PA Child Cared, LLC, Robert K Mericle, Luzerne County, Michael Loughney, Mericle Construction, Inc., filed by Elizabeth Lorah, Terry Lorah, Amanda Lorah, Tiffany Murphy, James Murphy, Stephen Fino, Lynn Fino, Jared Padden, John Padden, Paul Schweizer, Adam Thompson, William Conway, Christian Ryan, Kevin Ryan, Tracey Rowlands, Mary Seville, Paige Cicardo, William Cicardo, Angelia Karsko, Rosemary Karsko, Elizabeth Habel, Gloria Habel, Richard Habel. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) Certificate of Service)(Walvoord, Adrianne) (Entered: 05/29/2009)

2 Exhibit(s) A

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3 Exhibit(s) B

View on PACER

4 Exhibit(s) C

View on PACER

5 Exhibit(s) Certificate of Service

View on PACER

May 29, 2009

May 29, 2009

PACER
95

NOTICE of Appearance by Stephen A. Seach on behalf of Vision Holdings, LLC. (Seach, Stephen) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

PACER
96

NOTICE of Appearance by Stephen A. Seach on behalf of Powell Law Group, P.C.. (Seach, Stephen) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

PACER
97

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Howard Wishnoff on behalf of Gregory Zappala, Mid Atlantic Youth Services Corp. Attorney Howard Wishnoff is seeking special admission. Filing fee $ 25, receipt number 03140000000001588621.. (Wishnoff, Howard) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

PACER
98

WAIVER OF SERVICE Returned by Terry Lorah, Amanda Lorah, Tiffany Murphy, James Murphy, Stephen Fino, Lynn Fino, Jared Padden, John Padden, Paul Schweizer, Adam Thompson, Mary Seville, William Conway, Christian Ryan, Kevin Ryan, Tracey Rowlands, Paige Cicardo, William Cicardo, Angelia Karsko, Rosemary Karsko, Elizabeth Habel, Gloria Habel. Vision Holdings, LLC waiver sent on 3/31/2009, answer due 6/1/2009. (Dyller, Barry) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

PACER
99

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Donna L. Adelsberger on behalf of Gregory Zappala, Mid Atlantic Youth Services Corp. Attorney Susan Wiener is seeking special admission. Filing fee $ 25, receipt number 03140000000001588775.. (Adelsberger, Donna) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

PACER
100

NOTICE of Appearance by Suzanne McDonough on behalf of Maureen Loughney, as Adminstratrix of the Estate of Michael Loughney (McDonough, Suzanne) Modified on 6/2/2009 (kn, ). (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

PACER
101

MOTION to Dismiss Plaintiff's Amended Complaint by Perseus House, Inc.. (Attachments: # 1 Proposed Order)(Brenner, Thomas) (Entered: 06/02/2009)

2 Proposed Order

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June 2, 2009

June 2, 2009

PACER
102

WAIVER OF SERVICE Returned by Samantha Humanik. Robert J. Powell waiver sent on 5/28/2009, answer due 7/27/2009. (Kleiner, Daniel) (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 13, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children who had been adjudicated delinquent, found to have violated their probation and parents of those children

Plaintiff Type(s):

City/County Plaintiff

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Juvenile Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Robert J. Powell, Private Entity/Person

Michael T. Conahan, Private Entity/Person

PA Child Care, LLC, Private Entity/Person

Mericle Construction, Inc., Private Entity/Person

Luzerne County (Luzerne), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Conditional Dismissal

Amount Defendant Pays: 25000000

Order Duration: 2012 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Classification / placement

Informed consent/involuntary medication

Juveniles

Over/Unlawful Detention

Parents (visitation, involvement)

Type of Facility:

Government-run

Non-government for-profit