Gillette et al v. Ciavarella et al

Filing 18

ORDER re 17 Memorandum (Order to follow as separate docket entry), Motions terminated: 3 MOTION to Dismiss filed by Mark A. Ciavarella, Jr., 6 MOTION to Dismiss filed by Western PA Child Care, LLC, Mid-Atlantic Child Youth Services, Inc. IT IS HEREBY ORDERED that:(1) Defendant Mark Ciavarellas Motion to Dismiss (Doc. 3) is GRANTED in part and DENIED in part. As to judicial immunity for the courtroom adjudications and sentences imposed, the motion is GRANTED. As to the remainder, the motio n is DENIED.(2) Defendant Western PA Child Care, LLCs Motion to Dismiss (Doc. 6) is GRANTED in part and DENIED in part. As to the claims of a violation of Pennsylvania law under 42 U.S.C. § 1983, the motion is GRANTED. As to the remainder, the motion is DENIED.Signed by Honorable A. Richard Caputo on 1/31/12. (jam, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JAMES GILLETTE and ERICA MICHALIGA, CIVIL ACTION NO. 3:11-CV-658 Plaintiffs, (JUDGE CAPUTO) v. MARK A. CIAVARELLA, JR., MICHAEL T. CONAHAN, COUNTY OF LUZERNE, GREG SKREPENAK, TODD VONDERHEID, SAM GUSTO, SANDRA BRULO, LUZERNE COUNTY DEPARTMENT OFJUVENILE PROBATION, ROBERT J. POWELL, ROBERT MERICLE, PA CHILD CARE, MERICLE CONSTRUCTION, INC., PA CHILD CARE, LLC, WESTERN PA CHILDCARE, LLC, MID-ATLANTIC CHILD YOUTH SERVICES, LLC, POWELL LAW GROUP, P.C., BARBARA CONAHAN, CINDY CIAVARELLA, PINNACLE GROUP OF JUPITER, LLC, GREGORY ZAPPALA, BEVERAGE MARKETING OF PA, INC., and JOHN DOE, ESQUIRE, Defendants. ORDER NOW, this 31st day of January, 2012, IT IS HEREBY ORDERED that: (1) Defendant Mark Ciavarella’s Motion to Dismiss (Doc. 3) is GRANTED in part and DENIED in part. As to judicial immunity for the courtroom adjudications and sentences imposed, the motion is GRANTED. As to the remainder, the motion is DENIED. (2) Defendant Western PA Child Care, LLC’s Motion to Dismiss (Doc. 6) is GRANTED in part and DENIED in part. As to the claims of a violation of Pennsylvania law under 42 U.S.C. § 1983, the motion is GRANTED. As to the remainder, the motion is DENIED. /s/ A. Richard Caputo A. Richard Caputo United States District Judge

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