J.S. et al v. Blue Mountain School District et al
Filing
62
STATUS REPORT (Joint) by Blue Mountain School District. (Riba, Jonathan)
IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF PENNSYLVANIA
J.S., a minor, by and through
her parents, TERRY SNYDER and
STEVEN SNYDER, individually and
on
behalf of their daughter,
Plaintiffs,
v.
BLUE MOUNTAIN SCHOOL
DISTRICT.
Defendant.
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CIVIL ACTION NO.
07-CV-585
JUDGE:
JAMES M. MUNLEY
ELECTRONICALLY FILED
JOINT STATUS REPORT
Plaintiffs, J.S., and her parents, Terry Snyder and Steven Snyder, and
Defendant, Blue Mountain School District (hereinafter referred to as “District”),
through their respective undersigned counsel, hereby jointly submit the following
status report and so aver:
As this Court is aware, the Third Circuit Court of Appeals reversed and
remanded this Court’s judgment on J.S.’s First Amendment free speech claim but
affirmed this Court’s judgment that the District’s policies were not overbroad or
void-for-vagueness, and that the District did not violate the Snyders’ Fourteenth
Amendment substantive due process rights.
The District intends to file a Writ of Certiorari with the United States
Supreme Court with respect to the Third Circuit’s judgment regarding J.S.’s First
Amendment free speech claim. Accordingly, both parties request that this Court
take no action, in terms of further scheduling, until the Supreme Court either
denies the Writ or decides the case on the merits.
Depending on how the Supreme Court disposes of this matter, the remaining
issues that may have to be decided in this matter are the issues of Plaintiffs’
attorney’s fees, injunctive relief and compensation for J.S. If the parties cannot
agree to appropriate compensation amongst themselves, a trial will be necessary to
determine damages for J.S. and Plaintiffs’ counsel will need to submit a Fee
Petition for attorney’s fees. Therefore, at the appropriate time in the future, the
parties will contact this Court and inform the Court further action is needed.
Respectfully submitted,
SWEET, STEVENS, KATZ & WILLIAMS LLP
AMERICAN CIVIL LIBERTIES UNION OF
PA
By: /s/ Jonathan P. Riba
Jonathan P. Riba, Esquire, PA88095
331 E. Butler Avenue, P.O. Box 5069
New Britain, Pennsylvania 18901
t (215) 345-9111 / f (215) 348-1147
Attorney for Defendant
By: /s/ Mary Catherine Roper
Mary Catherine Roper, Esquire
111 S. Independence Mall East
Philadelphia, PA 19106
t (215) 592-1513
Attorney for Plaintiffs
Date: August 3, 2011
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