MORT et al v. LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES et al

Filing 40

MOTION to Stay by LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE. (Attachments: # 1 Proposed Order) (Jones, Marie)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ELIZABETH MORT and ALEX
RODRIGUEZ,

Civil Action No. 2:10-cv-01438-DSC

JUDGE DAVID S. CERCONE

Plaintiffs,
vs.
LAWRENCE COUNTY CHILDREN
AND YOUTH SERVICES; LAWRENCE
COUNTY; CHRISSY MONTAGUE,
Lawrence County Children and Youth
Services Caseworker; and
JAMESON HEALTH SYSTEM, INC.

Electronically Filed

JURY TRIAL DEMANDED

Defendants.

MOTION TO STAY

AND NOW, come these defendants, CHRISSY MONTAGUE, LAWRENCE COUNTY
CHILDREN AND YOUTH SERVICES , and LAWRENCE COUNTY, by and through their
undersigned counsel, MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C, and file
the within Motion to Stay, as follows:
1.

This action was initiated by the filing of the plaintiffs' Complaint on or about

October 28, 2010.
2.

Thereafter, on December 1,2010, the plaintiffs filed an Amended Complaint, adding

as a defendant, Lawrence County.
3.

On January 17, 2011, these defendants filed their Motion to Dismiss the plaintiffs'

Amended Complaint in its entirety.
P0936899.1

4.

Prior to that, on December 30,2010, the co-defendant, Jameson Health System, Inc.,

filed its Motion to Dismiss.
5.

On February 24, 2011, the initial Case Management Conference was conducted by

this Court.
6.

At that Case Management Conference, an initial Order was put in place setting

various pretrial deadlines.
7.

Pursuant to this Honorable Court's Order of February 25, 2011, this matter was

referred to mediation before mediator Mark Hornak.
8.

On April 12,2011, the mediation required by this Honorable Court's Order was held,

but the matter was not resolved.
9.

The issues raised in the various Motions to Dismiss filed by the defendants could

prove dispositive of some or all of the issues in this matter.
10.

Significant additional and/or unnecessary costs will be incurred by moving forward

with discovery while the Motions to Dismiss are pending, which Motions may eliminate all or some
future discovery.
11.

Because of the pending Motions to Dismiss and in order to potentially avoid

unnecessary time and expense to all parties and this Honorable Court, these defendants seek to stay
this action.
12.

The co-defendants join in the requested relief but the plaintiffs oppose a stay.

WHEREFORE, these defendants, Chrissy Montague, Lawrence County Children and Youth
Services, and Lawrence County, respectfully request that this Honorable Court issue an Order staying

P0936899.1

2

this matter until the Motions to Dismiss filed by all defendants are addressed by this Honorable
Court.

MEYER, DARRAGH, BUCKLER,
BEBENEK & ECK, P.L.L.C.

BY: s/Marie Milie Jones
MARIE MILIE JONES, ESQUIRE
P A I D . No. 49711
E-Mail: mjones(a),mdbbe.com
JEFFREY COHEN, ESQUIRE
PA I.D. No. 76512
E-Mail: jcohen(2),mdbbe.com
U.S. Steel Tower, Suite 4850
600 Grant Street
Pittsburgh, PA 15219
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendants,
LAWRENCE COUNTY CHILDREN AND
YOUTH SERVICES, LAWRENCE
COUNTY and CHRISSY MONTAGUE

P0936899.1

3

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within MOTION TO STAY has been
served upon all parties either individually or through counsel by:
Hand-Delivery
First-Class Mail, Postage Prepaid
Certified Mail-Return Receipt Requested
Facsimile
Federal Express
X

Electronic Service

at the following address:
Sara Rose, Esquire
American Civil Liberties Union
313 Atwood Street
Pittsburgh, PA 15213
(Counsel for Plaintiffs)

Patricia L. Dodge, Esquire
Antoinette C. Oliver, Esquire
Quinn A. Johnson, Esquire
Meyer, Unkovic & Scott LLP
1300 Oliver Building
Pittsburgh, PA 15222
(Counsel for Plaintiffs)
John C. Conti, Esquire
Richard J. Kabbert, Esquire
Dickie, McCamey & Chilcote
Two PPG Place, Suite 400
Pittsburgh, PA 15222-5402
(Counsel for Defendant, Jameson Health System)

MEYER, DARRAGH, BUCKLER,
BEBENEK & ECK, P.L.L.C.
Dated:

May 5. 2011

s/Marie Milie Jones
MARIE MILIE JONES, ESQUIRE
JEFFREY COHEN, ESQUIRE
Counsel for Defendants,
LAWRENCE COUNTY CHILDREN AND YOUTH
SERVICES, LAWRENCE COUNTY and CHRISSY
MONTAGUE, Lawrence County Children and Youth
Services Caseworker

P0936899.1