Wallace v. Powell et al

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)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
FLORENCE WALLACE, et al.,
Plaintiffs,
CIVIL ACTION NO. 3:09-cv-286

v.
ROBERT J. POWELL, et al.,

(JUDGE CAPUTO)

Defendants.
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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM CONWAY, et al.,
CIVIL ACTION NO. 3:09-cv-0291

Plaintiffs,
v.
MICHAEL T. CONAHAN, et al.,

(JUDGE CAPUTO)

Defendants.
******************************************************************************************************
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
H.T., et al.,
Plaintiffs,

CIVIL ACTION NO. 3:09-cv-0357

v.
MARK A. CIAVARELLA, JR., et al.,

(JUDGE CAPUTO)

Defendants.
******************************************************************************************************

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SAMANTHA HUMANIK,
CIVIL ACTION NO. 3:09-cv-0630

Plaintiff,
v.
MARK A. CIAVARELLA, JR., et al.,

(JUDGE CAPUTO)

Defendants.
******************************************************************************************************
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RAUL CLARK, et al.,
Plaintiffs,

CIVIL ACTION NO. 3:09-cv-0357

v.
MICHAEL T. CONAHAN, et al.,

(JUDGE CAPUTO)

Defendants.
*****************************************************************************************************
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WAYNE DAWN, et al.,
Plaintiffs,

CIVIL ACTION NO. 3:09-cv-2535

v.
MARK A. CIAVARELLA, JR., et al.,

(JUDGE CAPUTO)

Defendants.

*****************************************************************************************************

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANGELA RIMMER BELANGER, et al.,
CIVIL ACTION NO. 3:10-cv-1405

Plaintiffs,
v.

(JUDGE CAPUTO)

MARK A. CIAVARELLA, et al.,
Defendants.
ORDER
NOW, this 14th day of May, 2013, 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.
IT IS FURTHER ORDERED that:
(1)

The following litigation classes (the “Classes”) are certified pursuant to Federal Rule
of Civil Procedure 23(a) and (b)(3):
Class A
Violations 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.)

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Subclass A.1
Violations of Right to Counsel and/or Colloquy
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
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
Violations of 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.
(2)

The Classes are certified pursuant to Rule 23(c)(4) for determination of all legal
and factual issues as to Defendants’ liability on Plaintiffs’ claims in Counts I, II, III,
IV, V, VII, and IX of the Master Complaint for Class Actions (Doc. 136).

(3)

The following representative Plaintiffs are appointed as representatives of the
Classes and Subclasses:
Paige Cicardo-

Class A, Subclass A.1, Subclass A.2

Elizabeth Habel-

Class A, Subclass A.2, Class B

Angelia Karsko-

Class A, Subclass A.2

H.T.-

Class A, Subclass A.1

Jessica Van Reeth- Class A, Subclass A.1
Dezare Dunbar-

Class A

Alexandra Fahey-

Class A

4

Jack Van Reeth(4)

Class B

Pursuant to Rule 23(g), Hangley Aronchick Segal Pudlin & Schiller, Juvenile Law
Center, and Anapol Schwartz are appointed as Class Counsel.

(5)

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.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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