Wallace v. Powell et al
| Florence Wallace |
| Robert J. Powell, Michael T. Conahan, Mark A Ciavarella, PA Child Care, LLC, Western PA Child Cared, LLC, Robert K Mericle, Mericle Construction, Inc., 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. and Powell Law Group, P.C. |
| 3:2009cv00286 |
| February 12, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Civil Rights: Other Office |
| Luzerne |
| A. Richard Caputo |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
1863
ORDER (memorandum filed previously as separate docket entry) - it is hereby ORDERED that judgment is ENTERED in favor of the plaintiffs listed in the courts Damages Appendix against Ciavarella and Conahan in the amount of $106,296,945.53 in comp ensatory damages. Punitive damages are assessed against Conahan and Ciavarella in the amount of $100,000,000.00. Any motion for attorneys fees must be made within fourteen (14) days of the date of this order pursuant to Federal Rule of Civil Procedure 54(d). Signed by Honorable Christopher C. Conner on 8/16/2022. (mw)
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Filing
1757
ORDER (memorandum filed previously as separate docket entry). Plaintiffs Motion to Interpret Powell Defendants Master Stipulation and Agreementof Settlement (Doc. 1752) is GRANTED in part and the Net Worth Professionalsevaluation of Robert Powells ne t worth shall be completed and disclosed to Plaintiffs and Powell Defendants on or before February 6, 2018. IT IS FURTHERORDERED that both Plaintiffs and Powell Defendants shall provide a copy of thisOrder to the Net Worth Professional. Signed by Honorable A. Richard Caputo on 12/7/17. (dw)
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Filing
1749
ORDER (memorandum filed previously as separate docket entry). IT IS HEREBY ORDERED THAT Plaintiffs' Revised and Redacted Motion to Enforce Settlement and for Sanctions Against the Powell Defendants (Doc. 1744) is DENIED without prejudice.Signed by Honorable A. Richard Caputo on 8/15/17. (ga)
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Filing
1715
MEMORANDUM (Order to follow as separate docket entry) re 1676 MOTION for Settlement Between Plaintiffs and Powell Defendants filed by All Plaintiffs, 09-357, All Plaintiffs, 09-286, All Plaintiffs, 09-291, All Plaintiffs, 09-630, 1707 MOTION for Attorney Fees and Costs filed by All Plaintiffs, 09-357, All Plaintiffs, 09-286, All Plaintiffs, 09-291, All Plaintiffs, 09-630. Signed by Honorable A. Richard Caputo on 12/21/15. (jam)
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Filing
1634
MEMORANDUM ORDER denying re 1607 MOTION to Quash. IT IS HEREBY ORDERED that the Motion to Quash Defendant Robert Powells Subpoenas Directed to Gregory Zappala, William Brucker, and Patrick Owens (Doc. 1607) is DENIED. Zappala and Brucker shall submit documentation relating to the spring 2009 meeting for in camera review on or before January 12, 2015.Signed by Honorable A. Richard Caputo on 1/6/15. (jam)
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Filing
1538
MEMORANDUM (Order to follow as separate docket entry) re 1527 Unopposed MOTION for Settlement and Class Certification filed by All Plaintiffs, 09-357, All Plaintiffs, 09-286, All Plaintiffs, 09-291, All Plaintiffs, 09-630 Signed by Honorable A. Richard Caputo on 7/7/14. (jam)
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Filing
1510
MEMORANDUM (Order to follow as separate docket entry) re 1459 MOTION for Summary Judgment on Plaintiffs' Impartial Tribunal Claims filed by All Plaintiffs, 09-357, All Plaintiffs, 09-286, All Plaintiffs, 09-291, All Plaintiffs, 09-630 Signed by Honorable A. Richard Caputo on 1/9/14. (jam)
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Filing
1430
MEMORANDUM Signed by Honorable A. Richard Caputo on 6/24/13. (jam)
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Filing
1410
ORDER re 1409 Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED that the Motion for Class Certification as to All Issues of Defendants Liability to Plaintiffs (Doc. 1319) filed by Plaintiffs in H.T. v. Ciavarella, No. 09- 0357, and Conway v. Conahan, No. 09-0291 (collectively Plaintiffs), is GRANTED. See Order for addition, specific details regarding litigation classes. Pursuant to Rule 23(g), Hangley Aronchick Segal Pudlin & Schiller, Juvenile Law Center, and Anap ol Schwartz are appointed as Class Counsel.Within thirty (30) days of the date of this Order, Plaintiffs shall file a motion for approval of their proposed forms of class notice and their notice program (the Notice Motion.) If the Notice Motion is opposed by any party, that party shall file a brief in opposition to the Notice Motion no later than fourteen (14) days after the filing of the Notice Motion.Signed by Honorable A. Richard Caputo on 5/14/13. (jam)
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Filing
1359
ORDER - IT IS HEREBY ORDERED that the Petition for Rule 60 Relief to Confirm Timely filing of Proof of Claim on Behalf of Represented Plaintiff and Class Member Dennis Fisher (Doc. 1325) is DENIED. Signed by Honorable A. Richard Caputo on 3/18/13. (ga)
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Filing
1288
ORDER re 1287 Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED that the Motion to Stay These Proceedings Pending Resolution of a Petition for Writ of Mandamus in the Untied States Court of Appeals for the Third Circuit at Case 12-4452 (Doc. 1259) is DENIED. Signed by Honorable A. Richard Caputo on 1/9/13. (jam)
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Filing
1269
ORDER re 1267 Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED that Defendants Mid-Atlantic Youth Services, Corp., PA Child Care, LLC, and Western PA Child Care, LLC's objections to the Motion for Final Approval of Settlement and Class Certification (Doc. 1241) and the request to admit exhibits in opposition to Final Approval of the Settlement and Class Certification are DENIED. Signed by Honorable A. Richard Caputo on 12/14/12. (jam)
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Filing
1255
ORDER re 1254 Memorandum (Order to follow as separate docket entry),, Motions terminated: 1235 MOTION to Stay filed by Western PA Child Care, LLC, Mid Atlantic Youth Services Corp., PA Child Care, LLC, 1233 MOTION for Certificate of Appealability filed by Western PA Child Care, LLC, Mid Atlantic Youth Services Corp., PA Child Care, LLC.IT IS HEREBY ORDERED: 1.Defendants Mid-Atlantic Youth Services, Corp., PA Child Care, LLC, and Western PA Child Care , LLCs Motion to Amend Order to Add a Certification Pursuant to 28 U.S.C. § 1296(b) (sic) (Doc. 1233) is DENIED.2.Defendants Mid-Atlantic Youth Services, Corp., PA Child Care, LLC, and Western PA Child Care, LLCs Motion to Stay These Proceedings Pending Final Resolution of Motion to Amend Order Pursuant to 28 U.S.C. § 1292(b) (Doc. 1235) is DENIED. Signed by Honorable A. Richard Caputo on 11/27/12. (jam)
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Filing
1223
ORDER re 1222 Memorandum (Order to follow as separate docket entry). IT IS HEREBY ORDERED that discovery of records related to Juvenile Plaintiffs' criminal adjudications is not permitted. IF IS FURTHER ORDERED that discovery of Juveniles' Histories is not permitted at this time. Signed by Honorable A. Richard Caputo on 10/31/12. (jam)
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Filing
1161
ORDER granting 1149 Motion for Relief from Judgment; granting 1149 Motion for Order; granting 1151 Motion for Relief from Judgment. IT IS HEREBY ORDERED that the Rule 60 Motions for Relief from Order of Court (Docs. 1149; 1151) are GRANTED . Plaintiffs Humanik and Jadush are granted leave from the Court's February 29, 2012 order solely to file Proof of Claim Forms after the Proof of Claim Deadline. Plaintiffs Humanik and Jadush may file Proof of Claim Forms on or before 8/8/12. Signed by Honorable A. Richard Caputo on 7/19/12 (jam, )
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Filing
1156
ORDER re 1155 Memorandum (Order to follow as separate docket entry), IT IS HEREBY ORDERED that:(1) Plaintiffs Partial Motion for Summary Judgment Against Robert Powell, PA Child Care, LLC, Western PA Child Care, LLC, Mid-Atlantic Youth Services Corp., and Vision Holdings, LLC (Doc. 1024) is DENIED.(2) Defendants Mid-Atlantic Youth Services Corp., PA Child Care, LLC, and Western PA Child Care, LLCs Cross-Motion for Partial Summary Judgment (Doc. 1079) is DENIED.(3) Defendants Mid-Atlantic Youth Services Corp., PA Child Care, LLC, and Western PA Child Care, LLCs Supplemental Cross-Motion for Partial Summary Judgment Out of Time (Doc. 1080) is DENIED., Signed by Honorable A. Richard Caputo on 7/3/12. (jam, )
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Filing
1138
ORDER re 1137 Memorandum (Order to follow as separate docket entry), Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED that the Motion to Clarify Order, to Reconsider Order, for Summary Judgment, to Amend Answers or to Amen d Order to Certify Order Pursuant to 28 U.S.C. § 1292(b) and Fed. R. App. P. 5(A)(3) and to Stay Proceedings (Doc. 1107) brought by Defendants Mid-Atlantic Youth Services, Corp., PA Child Care, LLC, and Western PA Child Care, LLC is DENIED.Signed by Honorable A. Richard Caputo on 6/5/12. (jam, )
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Filing
1118
ORDER re 1117 Memorandum (Order to follow as separate docket entry), Memorandum (Order to follow as separate docket entry), Motions terminated: 1103 MOTION to Amend/Correct 1075 Statement of Facts, 1076 Statement of Facts MOTION to Amend/Corr ect 1075 Statement of Facts, 1076 Statement of Facts filed by Western PA Child Care, LLC, Mid Atlantic Youth Services Corp., PA Child Care, LLC.IT IS HEREBY ORDERED that the Motion for Leave to Correct Provider Defendants Answer to Plaintiffs Sta tement of Undisputed Facts and Provider Defendants Counter Statement of Undisputed Facts (Doc. 1103) brought by Defendants Mid-Atlantic Youth Services, Corp., PA Child Care, LLC, and Western PA Child Care, LLC is GRANTED.The Clerk of Court is DIRECTE D to docket Mid-Atlantic Youth Services Corp., PA Child Care LLC and Western PA Child Care LLCs Corrected Answer to Plaintiffs Statement of Undisputed Facts, (Doc. 1103, Ex. 2), and Provider Defendants Corrected Counter Statement of Undisputed Facts. (Doc. 1103, Ex. 4).Signed by Honorable A. Richard Caputo on 5/30/12. (jam, )
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Filing
1102
ORDER re 1101 Memorandum (Order to follow as separate docket entry). IT IS HEREBY ORDERED that Defendants' Motion for Modification of or Relief From Stipulated Protective Order (Doc. 957) is DENIED. Signed by Honorable A. Richard Caputo on 4/10/12. (jam, )
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Filing
1096
ORDER - IT IS HEREBY ORDERED THAT Defendants' Motion for Judgment on Pleadings (Doc.969) is denied. re 969 MOTION for Judgment on the Pleadings filed by Western PA Child Care, LLC, Mid Atlantic Youth Services Corp., PA Child Care, LLC Signed by Honorable A. Richard Caputo on 3/21/12. (ga, )
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Filing
1083
ORDER re 1082 Memorandum (Order to follow as separate docket entry), Memorandum (Order to follow as separate docket entry). IT IS HEREBY ORDERED that Plaintiffs' Motion for Entry of Final Judgment Against Defendants County of Luzerne and Gregory Skrepanak (Doc. 1016) is DENIED. Signed by Honorable A. Richard Caputo on 2/27/12. (jam, )
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Filing
1002
MEMORANDUM AND ORDER finding as moot 906 Motion to Dismiss; finding as moot 907 Motion to Dismiss; finding as moot 908 Motion to Dismiss; finding as moot 909 Motion to Dismiss; granting in part and denying in part 922 Motion to Dismiss; gra nting in part and denying in part 927 Motion to Dismiss; granting in part and denying in part 929 Motion to Dismiss; granting 931 Motion to Dismiss; granting in part and denying in part 932 Motion to Dismiss. IT IS HEREBY ORDERED that the mo tions are GRANTED in part and DENIED in part as follows:(1)Defendant Powells Motion to Dismiss (Doc. 922): The interference with familial relationships and § 1985(3) claims are dismissed. The remaining § 1983 claims and the punitive damage s claims are not dismissed.(2)MAYS, PA Child Cares, and Western PA Child Cares motion to dismiss (Doc. 927): The interference with familial relationships and § 1985(3) claims are dismissed. The remaining 1983 claims and the punitive damages cla ims are not dismissed.(3)Sandra Brulos motion to dismiss (Doc. 929): The § 1985(3), § 1986, the JDPA, and the parent plaintiffs Sixth and Eighth Amendment claims are dismissed. Defendant Brulo also has quasi-judicial immunity for all claim s stemming from her sentencing recommendations. The remaining § 1983 claims and the punitive damages claims are not dismissed.(4)Motion to dismiss by Sam Guesto, Luzerne County, Luzerne County Department of Juvenile Probation, Greg Skrepenak, a nd Todd Vanderheid (Doc. 931): All claims against these defendants are dismissed. (5)Robert Mericle and Mericle Constructions motion to dismiss (Doc. 932): The interference with familial relationships and § 1985(3) claims are dismissed. The remaining § 1983 claims and the punitive damages claims are not dismissed.(6)Motions to dismiss filed prior to the filing of the second amended complaint (Doc. 906-909) are moot. Signed by Honorable A. Richard Caputo on 11/30/11 (jam, )
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Filing
574
MEMORANDUM AND ORDER granting 462 Defendant Vita's Motion to Dismiss Signed by Honorable A. Richard Caputo on 8/24/10 (jam, )
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Filing
537
MEMORANDUM AND ORDER granting 450 Defendant Luzerne County's Motion to Dismiss All Claims Against It By All Plaintiffs. Signed by Honorable A. Richard Caputo on 7/9/10 (jam, )
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Filing
530
MEMORANDUM AND ORDER granting in part and denying in part 388 Motion for Preliminary Injunction. IT IS HEREBY ORDERED that Defendants Mid-Atlantic Youth Services, Pennsylvania Child Care, and Western Pennsylvania Child Cares Motion for a Prelimina ry Injunction (Doc. 388) is GRANTED IN PART and DENIED IN PART as follows:(1)As to Defendants request to enjoin the expungement of their records, the motion is GRANTED as follows:(a)The Pennsylvania Supreme Court, along with Special Master the Honora ble Arthur E. Grim, are hereby ENJOINED from enforcing or issuing orders to expunge the records of Pennsylvania Child Care, Western Pennsylvania Child Care, and Mid-Atlantic Youth Services relating to the Plaintiffs in the present action.(b)This inju nction will DISSOLVE THIRTY (30) DAYS after the termination of this litigation.(2)As to Defendants request for spoliation sanctions, the motion is DENIED AS MOOT.(3)As to Defendants request for a stay pending resolution of this motion, the motion is DENIED AS MOOT.Signed by Honorable A. Richard Caputo on 6/9/10 (jam, )
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Filing
446
MEMORANDUM: Plaintiffs request clarification as to Luzerne County's present status in this case. As Luzerne County is a named party in the Plaintiffs' complaints, and no order from this Court or stipulation from the paties has dismissed it, Luzerne County must be said to remain a party in this action. See Memorandum for complete details). Signed by Honorable A. Richard Caputo on 3/24/10. (jam, )
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Filing
411
MEMORANDUM AND ORDER denying 375 Motion to Amend/Correct. IT IS HEREBY ORDERED that the Class Action Plaintiffs' Motion for Leave to File an Amended Master Complaint (Doc. 375) is DENIED. Signed by Honorable A. Richard Caputo on 3/1/10 (jam, )
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Filing
390
MEMORANDUM ORDER denying 367 Motion to Stay; denying 369 Motion to Stay. IT IS HEREBY ORDERED that Defendant Mark Ciavarella, Jr.'s Motion to Stay Filing of Answers (Doc. 367) and Defendant Michael Conahan's Motion to Stay Filing of Answers (Doc. 369) are DENIED. Signed by Honorable A. Richard Caputo on 1/12/10 (jam, )
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Filing
336
MEMORANDUM AND ORDER, Motions terminated: 210 MOTION to Dismiss filed by Mark A Ciavarella, Jr., 216 MOTION to Dismiss , Pursuant to F.R.C.P. 12(b)(6), Plaintiffs' Complaints on the Basis of Judicial and Legislative Immunity filed by Michael T. Conahan, 170 MOTION to Dismiss Individual Plaintiffs' Master Long Form Complaint filed by Perseus House, Inc., 188 MOTION to Dismiss Complaint filed by Frank Vita, Ph.D., 218 MOTION to Dismiss on Immunity Groun ds filed by Luzerne County. IT IS HEREBY ORDERED that: 1. Defendant Perseus House's Motion to Dismiss (Doc. 170) is GRANTED IN PART and DENIED IN PART as follows: a. As to the claim of false imprisonment, the motion is GRANTED. b. As to the remainder the motion is DENIED. 2. Defendant Vita's Motion to Dismiss (Doc. 188) is DENIED. 3. Defendant Mark Ciavarella's Motion to Dismiss (Doc. 210) is GRANTED IN PART and DENIED IN PART as follows: a. As to judicial immunity f or the courtroom adjudications and sentences imposed, the motion is GRANTED. b. As to the remainder the motion is DENIED. 4. Defendant Michael Conahan's Motion to Dismiss (Doc. 216) is GRANTED IN PART and DENIED IN PART as follows: a. As to judicial immunity for the granting of injunctive relief, the motion is GRANTED. b. As to the remainder the motion is DENIED. 5. Defendant Luzerne County's Motion to Dismiss (Doc. 218) is DENIED. Signed by Honorable A. Richard Caputo on 11/20/09. (jam, )
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