john doe 6 v. the pennsylvania state university et al
DESCRIPTION
Penn State asks for a stay in a civil case.TRANSCRIPT
522.5 02/15/2013
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________________
JOHN DOE 6
Plaintiff,
v.
THE PENNSYLVANIA STATE UNIVERSITY,
THE SECOND MILE, and
GERALD SANDUSKY
Defendants.
________________________________________
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Civil Action No. 13-0336
MOTION TO STAY OF DEFENDANTS
THE PENNSYLVANIA STATE UNIVERSITY AND THE SECOND MILE
For the reasons set forth in the Memorandum of Law filed concurrently with this Motion,
Defendants The Pennsylvania State University and The Second Mile1 hereby move this Court to
stay proceedings in this action until the parallel criminal cases proceeding against Defendants
Graham Spanier, Timothy Curley, and Gary Schultz and the parallel criminal investigations have
concluded.
Respectfully submitted,
Date: February 15, 2013 /s James A. Keller
James A. Keller (Atty. I.D. No. 78955)
Joseph F. O’Dea (Atty. I.D. No. 48370)
Gregory G. Schwab (Atty. I.D. No. 93310)
Saul Ewing LLP
1 Defendant Gerald Sandusky is incarcerated and apparently has not been served.
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Centre Square West
1500 Market Street, 38th
Floor
Philadelphia, PA 19102
Counsel for The Pennsylvania State University
/s Howard A. Rosenthal (with permission)
Howard A. Rosenthal, Esquire
Archer & Greiner, P.C.
One Liberty Place, 32nd Floor
1650 Market Street
Philadelphia, PA 19103
Counsel for The Second Mile
Case 2:13-cv-00336-AB Document 8 Filed 02/15/13 Page 2 of 2
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________________
JOHN DOE 6
Plaintiff,
v.
THE PENNSYLVANIA STATE UNIVERSITY,
THE SECOND MILE, and
GERALD SANDUSKY
Defendants.
________________________________________
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Civil Action No. 13-0336
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO STAY OF DEFENDANTS
THE PENNSYLVANIA STATE UNIVERSITY AND THE SECOND MILE
Defendants The Pennsylvania State University (the “University”) and The Second Mile
(together, the “Moving Parties”),2 hereby move this court for relief staying this civil action.
PROCEDURAL HISTORY
This case was commenced on or about January 22, 2013. There are parallel and well-
publicized investigations and criminal proceedings pending against current or former University
employees Graham Spanier, Timothy Curley and Gary Schultz relating to certain alleged
conduct by Gerald Sandusky. See Court of Common Pleas, Dauphin County, Nos. MJ-12303-
CR-419-2012, CP-22-MD-1374-2011 and CP-22-MD-1375-2011. The alleged conduct of
Messrs. Spanier, Curley, and Schultz regarding Mr. Sandusky, individually and in conjunction
2 The remaining defendant, Gerald Sandusky, is incarcerated and does not appear to have been served to
date.
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with the University and/or The Second Mile, is also the subject of this civil action. See, e.g.
Complaint, Docket No. 01, at ¶¶ 58-74, 86.
The trial of Messrs. Spanier, Curley, and Schultz is anticipated to occur in 2014.
Moreover, it has been well-publicized that the Pennsylvania Office of Attorney General is in the
midst of an ongoing and active criminal investigation relating to Mr. Sandusky’s conduct. The
United States Attorney’s Office also has been conducting an investigation.
The Moving Parties request that this civil action be stayed in light of the parallel criminal
proceedings and investigation that relate to the Moving Parties and alleged conduct involving the
University and Second Mile. The Court of Common Pleas for Philadelphia County has already
stayed every other pending action that asserts civil claims relating to Gerald Sandusky’s alleged
conduct, even over the plaintiffs’ objections. Just this week, Judge Caldwell of the U.S. District
Court for the Middle District of Pennsylvania entered a stay in Doe v. The Pennsylvania State
University et al., No. 12-2068 (M.D.Pa.). True and correct copies of the orders staying Doe A v. The
Pennsylvania State University et al., Doe B v. The Pennsylvania State University et al., Doe C v.
The Pennsylvania State University et al., C. Miller v. The Pennsylvania State University et al.,
and Doe v. The Pennsylvania State University et al. are attached hereto as Exhibits A-E,
respectively.
LEGAL STANDARD
When related civil and criminal actions are pending, the criminal action should ordinarily
be tried first to alleviate any Fifth Amendment problems in the civil proceeding. In Re
Residential Doors Antitrust Litig., 900 F. Supp. 749, 756 (E.D. Pa. 1995). Whether to stay
proceedings in light of parallel pending criminal proceedings is soundly within the discretion of
the trial court. See Walsh Secs., Inc. v. Cristo Prop. Mgmt., LTD., 7 F. Supp. 2d 523, 526 (D.N.J.
Case 2:13-cv-00336-AB Document 8-1 Filed 02/15/13 Page 2 of 6
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1998) (citing United States v. Kordel, 397 U.S. 1, 12 n.27 (1970)). “[T]he power to stay
proceedings is incidental to the power inherent in every court to control the disposition of the
causes on its docket with the economy of time and effort for itself, for counsel, and for litigants.”
Texaco, Inc. v. Borda, 383 F.2d 607, 608 (3d Cir. 1967).
In In re Adelphia Communications Securities Litigation, No. 02-1781, 2003 WL
22358819 (E.D. Pa. May 13, 2003), this Court set forth six factors a court should consider in
deciding whether to stay a civil case pending the resolution of a related criminal case:
The factors a court must consider in determining whether to grant a
stay include: 1) the extent to which the issues in the criminal and
civil cases overlap; 2) the status of the case, including whether the
defendants have been indicted; 3) the plaintiff's interest in
proceeding expeditiously weighed against the prejudice to plaintiff
caused by a delay; 4) the private interests of and burden on the
defendants; 5) the interest of the court; and 6) the public interest.
Id. at *3 (citing Walsh, 7 F. Supp. 2d at 526–27) (additional citations omitted); accord Advanced
Power Sys., Inc. v. Hi-Tech Sys., Inc., 148 F.R.D. 138, 140 (E.D. Pa. 1993) (ordering stay of
discovery until defendant completed probation so that he could testify freely in civil case without
risking incriminating himself); Kaiser v. Stewart, No. 96-6643, 1997 WL 66186, at *2 (E.D. Pa.
Feb. 6, 1997) (staying civil case where one defendant out of several was also subject to criminal
indictment alleging facts similar to civil claims). The Middle District of Pennsylvania in the
related Doe case recently applied this same test to similar allegations and concluded that a stay
should be imposed. See Exhibit E.
ARGUMENT
1. The Issues In The Civil And Criminal Cases Completely Overlap
The similarity of issues has been termed “the most important threshold issue” in
determining whether or not to grant a stay. Adelphia, 2003 WL 22358819, at *3 (citations
Case 2:13-cv-00336-AB Document 8-1 Filed 02/15/13 Page 3 of 6
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omitted). The allegations in Plaintiff’s Complaint mirror the criminal allegations pending
against Spanier, Curley, and Schultz, and relate to the alleged conduct of Gerald Sandusky and
the knowledge of the University and The Second Mile regarding same. Because the issues in
this civil action are nearly identical to those in the pending parallel criminal actions and criminal
investigation, and they arise from the same alleged course of conduct, a stay is appropriate. See
Walsh, 7 F. Supp. 2d at 527.
2. Spanier, Curley and Schultz Have Been Indicted
Four individuals discussed extensively in Plaintiff’s civil Complaint—Messrs. Sandusky,
Spanier, Curley, and Schultz—have been indicted. Mr. Sandusky has been convicted. Messrs.
Spanier, Curley, and Schultz are still awaiting trial on issues arising from the alleged conduct of
Mr. Sandusky, and their own alleged responses thereto, which are matters specifically at issue in
Plaintiff's civil action. (See Complaint at ¶¶ 58-74, 86). While these individuals are not named
defendants in this action, Plaintiff’s Complaint makes it clear that they will be critical witnesses
to the litigation. This factor also weighs in favor of a stay. See Walsh, 7 F. Supp. 2d at 527-28.
3. Plaintiff Would Not Suffer Prejudice As A Result Of A Stay
Plaintiff would suffer little to no prejudice should this Court grant a stay. While a stay
would by definition result in some delay, such delay alone would not result in any prejudice to
Plaintiff’s claims. In fact, Plaintiff should take a keen interest in awaiting the outcome of the
criminal proceedings, as the resolution of some factual issues in those proceedings may affect
this civil action. See Shrey v. Kontz, No. 10-1420, 2011 WL 94416, at *2 (M.D. Pa. Jan. 11,
2011) (“this is not a case where plaintiff has significant interests outstanding that need an
immediate resolution, this is an instance where the court could stay the proceedings with little
prejudice to plaintiff.”); accord Kaiser, 1997 WL 66186, at *4 (“While a civil litigant with a
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private dispute has an interest in the prompt disposition of his or her claims, the public has a
greater interest in enforcement of the criminal law.”) (citing Campbell v. Eastland, 307 F.2d 478,
487 (5th Cir. 1962)). This factor also weighs in favor of a stay. See Walsh, 7 F. Supp. 2d at 528.
4. Absent A Stay, The Burden On The Defendants Would Be Great
As one Court has held, “[t]he strongest case for a stay of discovery in [a] civil case occurs
during a criminal prosecution after an indictment is returned.” Walsh, 7 F. Supp. 2d at 527. The
Moving Parties risk real prejudice if this action moves forward while parallel criminal
proceedings are active. Plaintiff is suing the University in connection with allegations against
current or former employees Sandusky, Spanier, Curley and Schultz; Plaintiff is suing the
Second Mile in connection with allegations against Sandusky. Those same individuals are
criminal defendants, with Spanier, Curley, and Schultz awaiting trial and subject to an ongoing
criminal investigation. It would be highly prejudicial to force the Moving Parties to proceed
with litigation, particularly through pleadings and discovery, while Messrs. Spanier, Curley and
Schultz are subject to parallel criminal proceedings and/or ongoing investigations, and may be
unwilling or unable to participate in their civil suit. This factor also weighs in favor of a stay.
5. The Interests Of The Court And The Public Weigh In Favor Of A Stay
The interests of both the Court and the public are served by granting a stay. The public
interest is currently focused on the criminal proceedings, and those proceedings are moving
toward trial. The Philadelphia Court of Common Pleas and the U.S. District Court for the
Middle District of Pennsylvania have uniformly agreed. See Exhibits A-E.
Finally, some of the issues in this Civil Action may be conclusively resolved by the
criminal trials. Permitting those proceedings to conclude before moving forward in this action
will conserve valuable judicial resources and provide for a more efficient resolution process.
Case 2:13-cv-00336-AB Document 8-1 Filed 02/15/13 Page 5 of 6
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This factor weighs in favor of a stay. See Walsh, 7 F. Supp. 2d at 528-29; Shrey, 2011 WL
94416, at *2.
* * *
Because each of the above-listed factors weighs in favor of a stay, the Moving Parties
respectfully urge the Court to stay this matter.
CONCLUSION
For all the foregoing reasons, the Moving Parties respectfully request that this Court enter
a stay in this action.
Respectfully submitted,
Date: February 15, 2013 /s James A. Keller
James A. Keller (Atty. I.D. No. 78955)
Joseph F. O’Dea (Atty. I.D. No. 48370)
Gregory G. Schwab (Atty. I.D. No. 93310)
Saul Ewing LLP
Centre Square West
1500 Market Street, 38th
Floor
Philadelphia, PA 19102
Counsel for The Pennsylvania State University
/s Howard A. Rosenthal (with permission)
Howard A. Rosenthal, Esquire
Archer & Greiner, P.C.
One Liberty Place, 32nd Floor
1650 Market Street
Philadelphia, PA 19103
Counsel for The Second Mile
Case 2:13-cv-00336-AB Document 8-1 Filed 02/15/13 Page 6 of 6
EXHIBIT A
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112% /(1,444'41in light of the parallel criminal
Case 4:12-cv-02068-VVWC Document 24-1 Filed 12/21/12 Page 7 of 13
JOHN DOE A COURT OF COMMON PLEASPHILADELPHIA COUNTY
Plaintiff,CIVIL ACTION NO, 111102968
V.
THE SECOND MILE
and
GERALD SANDUSKY
and
THE PENNSYLVANIA STATE UNIVERSITY
Defendants.
ORDER
AND NOW, this day of March, 2012, upon consideration of the Unopposed
Joint Motion For Extraordinary Relief, it is hereby ORDERED that:
(1) The Motion is GRANTED;
(2)
CUTSPirrtraCtl•tererever,
(3) This Civil Action is
proceedings; and
(4) Any party is permitted to move this Court for a subsequent order lifting the stay,
provided that each other party has thirty (30) days to respond.
BY THE COURT:
km('
Doe A Vs The Second NW-ORDER
11111\1111311111\11All11110296800034
COPIES SENT PURSUANT TO Pa.R.C.P. 236(b) J. DIROSA 03/27/2012
119./ 03/11/2012
Case ID: 111102968
Control No.: 12031860
Case 2:13-cv-00336-AB Document 8-2 Filed 02/15/13 Page 2 of 15
EXHIBIT B
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Case 4:12-cv-02068-VVWC Document 24-1 Filed 12/21/12 Page 9 of 13
JOHN DOE B ::
Plaintiff,
V.:
THE SECOND MILE;GERALD SANDUSKY; and :THE PENNSYLVANIA STATE UNIVERSITY
Defendant.
COURT OF COMMON PLEASPHILADELPHIA COUNTY
JUNE TERM, 2012
CASE No. 03727
JURY TRIAL DEMANDED
DOCKETED
OCT 1 8 2012
F. CLARK
ORDER DAYFORWARD
AND NOW, this tlay of 04*--" , 2012, upon consideration of the
Unopposed Joint Motion For Extraordinary Relief of All Represented Parties, it is hereby
ORDERED that:
(1) The Motion is GRANTED;
(2) By Agreement of the Parties, this Civil Action shall be removed from the
Expedited Track, and placed onto the Complex Track; however,
(3) This Civil Action is immediately STAYED in light of the parallel criminal
proceedings; except that
(4) Should stay be lifted in any of Doe A v. The Pennsylvania State University et al.,
Doe C v. The Pennsylvania State University et al., or C. Miller v. The Pennsylvania State
University et al. for reasons that also apply to this Civil Action, the stay in this case shall be
lifted as well..
(5) The Court shall revisit this stay after the criminal proceedings have concluded.
BY THE COURT:,
Doe B Vs The Second Mil-ORDER
111111111,2 111111 11111112.101)111 329.1
Case ID: 120603727
Control No.: 12101544COPIES SENT PURSUANT TO Pa.R.C.P. 236(b) F. BROWN-CLARK 10/18/2012
Case 2:13-cv-00336-AB Document 8-2 Filed 02/15/13 Page 4 of 15
EXHIBIT C
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Case 2:13-cv-00336-AB Document 8-2 Filed 02/15/13 Page 5 of 15
DOCKETED
SEP 't 8 Z012.
F. CLARKDAY FORWARD
THE PENNSYLVANIA STATE UNIVERSITY
Defendants.
Case 4:12-cv-02068-WWC Document 24-1 Filed 12/21/12 Page 11 of 13
JOHN DOE C COURT OF COMMON PLEASPHILADELPHIA COUNTY
Plaintiff,CIVIL ACTION NO. 120704291
V.
ORDER
AND NOW, this AO day of , 2012, upon consideration of the
Unopposed Joint Motion For Extraordinary Relief, it is hereby ORDERED that:
(1) The Motion is GRANTED;
(2) By Agreement of the Parties, this Civil Action shall be removed from the
Expedited Track, and placed onto the Complex Track; however,
(3) This Civil Action is immediately STAYED in light of the parallel criminal
proceedings; and
(4) The Court shall revisit this stay after the criminal proceedings have concluded.
BY THE COURT:
••••'\
\—AAJLeakilk+
Doe C Vs The Pennsylvan-ORDER
111111111,11,1111,111,1!16111 I III
COPIES SENT PURSUANT TO Pa,R.C.P. 236(b) F. BROWN-CLARK 09/28/2012
Case 2:13-cv-00336-AB Document 8-2 Filed 02/15/13 Page 6 of 15
EXHIBIT D
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Case 4:12-cv-02068-VVINC Document 24-1 Filed 12/21/12 Page 13 of 13
C. MILLER
Plaintiff,
V.
THE SECOND MILE, GERALD SANDUSKY,AND THE PENNSYLVANIA STATEUNIVERSITY
Defendants.
COURT OF COMMON PLEASOF PHILADELPHIA COUNTY
CIVIL ACTION
TRIAL DIVISION
DECEMBER TERM, 2011
CASE NO. 02933
ORDER
(riAND NOW, this st-, day of March, 2012, upon consideration of the Unopposed
Joint Motion For Extraordinary Relief, it is hereby ORDERED that:
(1) The Motion is GRANTED;
(2) This Civil Action shall be removed from the Expedited Track, and placed onto the
Complex Track; however,
(3) This Civil Action is immediately STAYED in light of the parallel criminal
proceedings; andex.<44.4.44.44-6-",04"--K46.444,
(4) The Court shall revisit this stay)after thcriminal pffeee,dings af6 completed,
vpoli nertl'o n F amy
Miller Vs The Second Mi-ORDER BY THE COURT:
11 1 11111111 11 11 1111 1001 111 11 e•eledrpeefo--- , J.
Case ID: 11120293
C'nntrn1 Nn I I (1COPIES SENT PURSUANT TO Pa.R.C.P. 236(b) N. MONTE 133/3012012
Case 2:13-cv-00336-AB Document 8-2 Filed 02/15/13 Page 8 of 15
EXHIBIT E
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Case 4:12-cv-02068-WVVC Document 50 Filed 02/14/13 Page 1 of 6
UNITED STATES DISTRICT COURT FOR THEMIDDLE DISTRICT OF PENNSYLVANIA
JOHN DOE,Plaintiff
vs. : CIVIL NO. 1:12-CV-2068
THE PENNSYLVANIA STATEUNIVERSITY, et al.,
Defendants
MEMORANDUM
I. Introduction
On October 15, 2013, Plaintiff filed the instant action, alleging that
Defendants, Pennsylvania State University ("PSU"), Second Mile, Edgewater Psychiatric
Center, Gerald Sandusky, Graham Spanier, Timothy Curley, Gary Schultz, Wendell
Courtney, and The Law Firm of McQuaide Blasko, violated his First, Fourth, and
Fourteenth Amendment rights. He also brings state law claims of premises liability,
negligence, conspiracy, intentional infliction of emotional distress, and sexual assault.
Presently before the court is PSU's motion to stay the proceedings until the pending
criminal actions against Defendants Spanier, Curley, and Schultz have concluded. The
motion is concurred in by Defendants Second Mile, Curley, Spanier, and Courtney.
Defendant Edgewater Psychiatric Clinic filed a brief in opposition to the motion. Plaintiff
Case 2:13-cv-00336-AB Document 8-2 Filed 02/15/13 Page 10 of 15
Case 4:12-cv-02068-WWC Document 50 Filed 02/14/13 Page 2 of 6
did not file a response to the motion within the required time, and thus he is deemed not
to oppose the motion. See L.R. 7.6.
Discussion
"[T]he power to stay proceedings is incidental to the power inherent in every
court to control the disposition of the causes on its docket with economy of time and
effort for itself, for counsel, and for litigants. Landis v. N. Am. Co., 299 U.S. 248, 254, 57
S. Ct. 153,81 L. Ed. 153 (1936). "How this can best be done calls for the exercise of
judgment, which must weigh competing interests and maintain an even balance." Id.
In deciding whether to stay a civil case pending the resolution of a related
criminal case, courts consider many factors, including: (1) the extent to which the issues
in the civil and criminal cases overlap; (2) the status of the criminal proceedings,
including whether any defendants have been indicted; (3) the plaintiffs interests in
expeditious civil proceedings weighed against the prejudice to the plaintiff caused by the
delay; (4) the burden on the defendants; (5) the interests of the court; and (6) the public
interest. In re Adelphia Communs. Secs. Litig., 2003 U.S. Dist. LEXIS 9736, 7-8, 2003
WL 22348819 (E.D. Pa. May 13, 2003) (Hutton, J.) (citing Walsh Securities, Inc. v. Cristo
Prop. Maqmt., Ltd., 7 F. Supp. 2d 523 (D.N.J. 1998).
A. The Extent to Which the Issues in the Civil and Criminal CasesOverlap
This factor is the most important threshold issue in determining whether to
grant defendant's motion. See State Farm Mut. Auto. Ins. Co. v. Beckham-Easley, 2002
U.S. Dist. LEXIS 17896, *4,2002 WL 31111766 (E.D. Pa. Sept. 18, 2002) (Hutton, J.).
2
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The moving Defendants argue that Plaintiff's complaint mirrors the criminal allegations
pending against Defendants Spanier, Curley, and Schultz. We agree and find that this
factor weighs in favor of a stay.'
B. The Status of the Criminal Proceedings
Defendants Spanier, Curley, and Schultz have been indicted and are
awaiting trial, which is expected to begin in 2014. "The strongest case for a stay of
discovery in the civil case occurs during a criminal prosecution after an indictment is
returned." Walsh Securities, 7 F. Supp. 2d at 527. After indictment, the potential for
self-incrimination is high, and the burden of delay is lessened as a result of the Speedy
Trial Act. See State Farm, 2002 U.S. Dist. LEXIS 17896, *4, 2002 WL 31111766. Thus,
this factor weighs in favor of a stay.
C. Edgewater's Interest in Expeditious Civil Proceedings Weighed Againstthe Prejudice Caused by the Delay
Edgewater argues that the allegations against it are severely damaging to
its reputation, and a stay would prevent it from pursuing a prompt dismissal of the case.2
1 Plaintiff alleges that "The defendants knew that Sandusky (a defendant herealso) was molesting young boys and they ratified his misconduct by supporting himand giving him continuing access for years to PSU and Second Mile facilities andprograms." (Doc. 1, I 52). Plaintiff brings claims for violation of his due process, FirstAmendment, and Fourth Amendment rights as well as state law claims of premisesliability, negligence, conspiracy, intentional infliction of emotional distress, and sexualassault. The criminal charges against Spanier, Curley, and Schultz include perjury,endangering the welfare of children, obstruction, conspiracy, and failure to properlyreport suspected child abuse.
In support of its argument, Edgewater makes a passing reference to a singlecase involving the denial of a motion to stay proceedings, McQueary v. The
3
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However, due to the requirements of the Speedy Trial Act, this burden is decreased. Id.
As a result, we find that this factor weighs only slightly against a stay.
D. The Burden on the Defendants in Both Criminal and Civil Actions
If the present proceedings go forward, Defendants Spanier, Curley, and
Schultz risk self-incrimination. Id. These Defendants may be forced to choose between
invoking their Fifth Amendment right against self-incrimination, allowing the court or jury
to draw adverse inferences, or exposing themselves to criminal liability. See Kaiser v.
Stewart, 1997 U.S. Dist. LEXIS 1377, *9-10, 1997 WL 66186, *3 (E.D. Pa. Feb. 6, 1997)
(Bartle, J.). Because we find this burden to be significant, this factor weighs in favor of a
stay.
E. The Interests of the Court
The court has a strong interest in case management and judicial efficiency.
Ty the indicted defendants assert [their Fifth Amendment] privilege throughout the
litigation, then it will be difficult or impossible to fairly apportion liability because of the
differing factual record among the defendants." In re Adelphia, 2003 U.S. Dist. LEXIS
Pennsylvania State University, Civ. No. 2012-1804 (December 19, 2012 Ct. Cm. PleasCentre County). There, PSU sought to stay a civil suit against it until the criminalproceedings against Spanier, Schultz, and Curley were resolved. The court noted thatSpanier, Schultz, and Curley were not defendants in the civil action, and there werenot issues common to both the civil and criminal actions. The court also stressed thatthere were no legitimate self-incrimination concerns, and a criminal conviction wouldnot lessen the burden of discovery on the civil plaintiffs.
The court's concerns in McQueary are inapplicable to the present case. Here,Spanier, Schultz, and Curley have been named as Defendants. The criminal and civilproceedings largely overlap. There are significant self-incrimination concerns. Underthese circumstances, we do not find Edgewater's argument persuasive.
4
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9736, 7-8, 2003 WL 22348819, *5. Additionally, criminal convictions may encourage
settlement of civil lawsuits, eliminating the necessity of litigating certain issues. Id. We
find that this factor weighs in favor of a stay.
F. The interests of the Public
"While a civil litigant with a private dispute has an interest in the prompt
disposition of his or her claims, the public has a greater interest in enforcement of the
criminal law." Kaiser, 1997 U.S. Dist. LEXIS 1377, *12, 1997 WL 66186, *4. We do not
find that the public interest is harmed by a stay, and thus this factor weighs in favor of a
stay.
Conclusion
Having weighed the above factors, we will grant PSU's motion for a stay.
We will issue an appropriate order.
/s/William W. Caldwell William W. CaldwellUnited States District Judge
5
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UNITED STATES DISTRICT COURT FOR THEMIDDLE DISTRICT OF PENNSYLVANIA
JOHN DOE,Plaintiff
VS. : CIVIL NO. 1:12-CV-2068
THE PENNSYLVANIA STATEUNIVERSITY, et al.,
Defendants
ORDER
AND NOW, this 14th day of February, 2013, upon consideration of
Pennsylvania State University's motion to stay (doc. 24), and Edgewater Psychiatric
Center's response thereto, and pursuant to the accompanying memorandum, it is
ordered that said motion is GRANTED.
/s/William W. Caldwell William W. CaldwellUnited States District Judge
6
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________________
JOHN DOE 6
Plaintiff,
v.
THE PENNSYLVANIA STATE UNIVERSITY,
THE SECOND MILE, and
GERALD SANDUSKY
Defendants.
________________________________________
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Civil Action No. 13-0336
ORDER
AND NOW, this _______ day of ________________, 2013, upon consideration of the
Motion to Stay of Defendants The Pennsylvania State University and The Second Mile, and any
response thereto, it is hereby ORDERED that:
(1) The Motion is GRANTED;
(2) This Civil Action is immediately STAYED in light of the parallel criminal
proceedings and investigation;
(3) The Court shall revisit this stay after the criminal proceedings and investigation
have concluded.
BY THE COURT:
______________________________
Anita B. Brody, J.
Case 2:13-cv-00336-AB Document 8-3 Filed 02/15/13 Page 1 of 1
8 522.5 02/15/2013
CERTIFICATE OF SERVICE
I, James A. Keller, hereby certify that a true and correct copy of the foregoing Motion to
Stay of Defendants The Pennsylvania State University and The Second Mile and brief in support
was filed via the ECF filing system which constitutes valid service upon the following registered
users:
Hal Kleinman, Esquire
Janet Jenner & Suggs LLC
1829 Reistertown Rd Ste 320
Baltimore, MD 21208
Counsel for Plaintiff
Howard A. Rosenthal, Esquire
Archer & Greiner, P.C.
One Liberty Place, 32nd
Floor
1650 Market Street
Philadelphia, PA 19103
Counsel for The Second Mile
Date: February 15, 2013 /s James A. Keller
James A. Keller
Case 2:13-cv-00336-AB Document 8-4 Filed 02/15/13 Page 1 of 1