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July 19, 2010

Judge is looking to settle lawsuits

All attorneys in four juvenile justice scandals are asked to appear in court June 11.

SCRANTON – A federal judge has scheduled a conference to discuss a possible settlement in four of the federal lawsuits filed in connection with the Luzerne County juvenile justice scandal.

U.S. District Judge A. Richard Caputo issued an order Thursday directing all attorneys with the cases to appear at a settlement conference on June 11.

The cases were filed last year on behalf of hundreds of juveniles who allege they were wrongly incarcerated as part of a scheme to enrich former judges Mark Ciavarella and Michael Conahan and others with connections to the PA Child Care and Western PA Child Care centers. Lead plaintiffs in the cases are Florence Wallace, William Conway, Hillary Transue and Samantha Humanik.

The suits stem from criminal charges filed against Conahan and Ciavarella that allege the men improperly accepted more than $2.8 million from Robert Powell, the one-time co-owner of the centers, and Robert Mericle, who built the facilities, in exchange for rulings that benefited the centers.

Conahan signed a plea agreement on April 29 with federal prosecutors to plead guilty to racketeering conspiracy for his role in the alleged scheme. Ciavarella has not reached a deal in the criminal case and is preparing for trial, his attorneys said.

Attorney Michael Cefalo, one of the attorneys who filed the Wallace case, said he does not know if attorneys for either side requested the conference, or if it was the judge who sought the meeting. Cefalo said it’s not uncommon for a judge to request opposing parties meet, even if no one from either side requested the conference.

“Judges in almost all cases try to get the parties together,” Cefalo said. “I can’t tell you if anything is on the horizon or if anyone has made any movement.”

The cases have been the subject of extensive pre-trial motions. A number of defendants have been voluntarily dismissed. Those who remain include Conahan, Ciavarella, Powell, Mericle and several businesses connected to the men.

Cefalo said he doesn’t know how close the parties are, but he’s hopeful a settlement can be reached.

“Our clients would love to see it resolved to their satisfaction,” Cefalo said. “This isn’t like a sporting event where you like to see the game played to see who comes out on top.”

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.






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