Jamal et al v. Kane et al

Filing 48

ORDER (Memorandum 47 filed previously as separate docket entry) GRANTING MTD by Williams 30 & dismissing all claims vs same, DENYING MTD by Kane 31 , setting trial on merits for 3/30/15 @ 10:00 a.m. in Ctrm #2 and attaching all cnsl, dir ecting parties to meet & confer to develop jt stip of facts necessary for resolution of pltfs' constitutional challenges, etc., & to file same by 3/23/15, & if parties unable to agree on stip of facts by 3/23/15 they shall separately notify ct of same by letter on docket. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/6/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MUMIA ABU JAMAL, et al.,

:
CIVIL ACTION NO. 1:14-CV-2148
:
Plaintiffs
:
(Chief Judge Conner)
:
v.
:
:
KATHLEEN KANE, Attorney
:
General of Pennsylvania, et al.,
:
:
Defendants
:
______________________________________________________________________________
PRISON LEGAL NEWS, et al.,
Plaintiffs
v.
KATHLEEN KANE, Attorney
General of Pennsylvania, et al.,
Defendants

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:15-CV-45
(Chief Judge Conner)

ORDER
AND NOW, this 6th day of March, 2015, upon consideration of the motions to
dismiss filed by defendants Kathleen Kane, Attorney General of Pennsylvania, and
R. Seth Williams, District Attorney for Philadelphia County, seeking to dismiss the
above-captioned matters for lack of subject matter jurisdiction, see FED. R. CIV. P.
12(b)(1), and for the reasons set forth in the accompanying memorandum, it is
hereby ORDERED that:
1.

The motions to dismiss filed by R. Seth Williams, District Attorney for
Philadelphia County, (Abu-Jamal, No. 1:14-CV-2148, Doc. 30; PLN, No.
1:15-CV-45, Doc. 24) are GRANTED to the extent the District Attorney
seeks dismissal for lack of subject matter jurisdiction.

2.

All claims against R. Seth Williams, District Attorney for Philadelphia
County, in the above-captioned matters are DISMISSED. The Clerk of
Court shall terminate the District Attorney as a party to both actions.

3.

The motions to dismiss filed by defendant Kathleen Kane, Attorney
General of Pennsylvania, (Abu-Jamal, No. 1:14-CV-2148, Doc. 31; PLN,
No. 1:15-CV-45, Doc. 25) are DENIED.

4.

The parties are notified that trial on the merits shall be consolidated
with the preliminary injunction hearing. See FED. R. CIV. P. 65(a)(2).
Trial on the merits shall commence at 10:00 a.m. on Monday,
March 30, 2015, in Courtroom #2, United States Courthouse and
Federal Building, 228 Walnut Street, Harrisburg, Pennsylvania. All
counsel are advised that they are attached for trial on Monday,
March 30, 2015.

5.

The parties are directed to meet and confer with the goal of developing
a joint stipulation of all facts necessary for resolution of plaintiffs’
constitutional challenges and attendant requests for declaratory and
injunctive relief. The joint stipulation shall be filed on or before
Monday, March 23, 2015.

6.

In the event the parties are unable to agree to a stipulation of facts on
or before Monday, March 23, 2015, the parties shall separately notify
the court by letter on the docket whether and to what extent
documentary or testimonial evidence will be presented during trial.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania