Bifano et al v. Waymart Borough et al

Filing 38

ORDER (memorandum filed previously as separate docket entry)motion for protective order is GRANTED IN PART AND DENIED IN PART. (See order for details). IT IS FURTHER ORDERED THAT the plaintiffs counsel of record, Christopher J. DelGaizo, shall seek g eneral admission into the United States District Court, Middle District of Pennsylvania or, in the alternative, shall substitute former counsel of record, Theresa Mogavero Simmons, with an attorney admitted to practice in this district within fourteen (14) days from the date of this Order.Signed by Honorable Malachy E Mannion on 4/26/17. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA JOSEPH BIFANO and KEITH RYNEARSON, Plaintiffs, v. WAYMART BOROUGH and FREDERICK J. GLAVICH, Defendants. : : : CIVIL ACTION NO. 3:16-0245 : (JUDGE MANNION) : : ORDER For the reasons set forth in the memorandum issued this same day, IT IS HEREBY ORDERED THAT the defendants’ motion for a protective order, (Doc. 28), is GRANTED IN PART and DENIED IN PART as follows: 1. The plaintiffs’ counsel in this matter is prohibited from inquiring into communications that took place at the October 13, 2015 executive meeting at the deposition of Jane Varcoa and the depositions of any other borough officials in attendance at that executive meeting as indicated by the regular meeting minutes attached to the defendants’ reply brief, (Doc. 33-1); 2. The plaintiffs’ counsel may inquire as to whether the particular borough official was actually in attendance at that meeting; 3. The plaintiffs’ counsel may inquire as to whether any third-parties were in attendance at the executive meeting; and IT IS FURTHER ORDERED THAT the plaintiffs’ counsel of record, Christopher J. DelGaizo, shall seek general admission into the United States District Court, Middle District of Pennsylvania or, in the alternative, shall 1 substitute former counsel of record, Theresa Mogavero Simmons, with an attorney admitted to practice in this district within fourteen (14) days from the date of this Order. s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge Date: April 26, 2017 O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0245-02-ORDER.wpd 2

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