met in this case, the court concludes that the AO is an arm of the Commonwealth for Eleventh Amendment immunity purposes and will grant the AO's motion for reconsideration. Furthermore, as the AO points out, consistent with the court's previous analysis as set forth in its February 28 memorandum at pages 22-25, the Eleventh Amendment also bars Larsen's claims for money damages against Defendants Sobolevitch and Frankforter in their official capacities. Larsen's claims for injunctive and declaratory relief against Defendants Sobolevitch and Frankforter are not barred.
C. Joint Motion of Individual Supreme Court Members, the AO, and Defendants Sobolevitch and Frankforter for Stay of Proceedings in this Court
The individual Supreme Court Defendants, the AO, and Defendants Sobolevitch and Frankforter have moved to stay further proceedings in this court. The Supreme Court and AO Defendants have also indicated to the court that they intend to file an appeal of the court's February 28 order denying their motion to dismiss Larsen's claims against them based on qualified immunity. Indeed, Defendants filed a joint notice of appeal on March 27, which was premature due to the filing of their motion for reconsideration. However, upon issuance of this memorandum and accompanying order disposing of the AO's motion for reconsideration, the court presumes that the supreme court and AO Defendants will pursue their appeal. Such an appeal would temporarily divest this court of jurisdiction over Larsen's claims against them. A stay by this court of Larsen's claims against the individual supreme court Defendants, the AO and Defendants Sobolevitch and Frankforter would be superfluous. Accordingly, the court will deny Defendants' joint motion for a stay.
D. Motion by Individual Members of the CJD for Clarification and/or Amendment of the Court's February 28, 1997 Memorandum
In subparagraph six of the court's February 28 order, the court dismissed all claims asserted against the individual members of the CJD in the personal and official capacities. The court's memorandum, however, did not explicitly set forth the basis for its dismissal of Larsen's claims against the individual members of the CJD in their personal capacities. This omission was an oversight by the court. The court's conclusion that abstention under Younger v. Harris, 401 U.S. 37, 27 L. Ed. 2d 669, 91 S. Ct. 746 (1971), was appropriate requires dismissal of all claims asserted against the individual members of the CJD, including Larsen's claims against them in their personal capacities. Accordingly, the court will grant the CJD members' motion and amend page thirty-six of the court's February 28 memorandum to reflect that the granting of abstention under Younger effectuates a dismissal of all claims against the individual CJD members in both their official and personal capacities. In light of its decision to abstain, the court declines to address the CJD Defendants' argument that the doctrine of judicial immunity operates to bar Larsen's claims against them.
E. Larsen's Conditional Motion to Amend the Court's February 28 Order to Include Statement Pursuant to 28 U.S.C. § 1292(b) and Motion for Reconsideration
Larsen moves the court to reconsider several portions of its February 28 decision. None of the grounds argued by Larsen justify reconsideration of the court's prior rulings and his motion will be denied in its entirety.
Additionally, the court will deny Larsen's motion to certify the court's February 28 order pursuant to § 1292(b). The issues identified by Larsen are not ones for which there are substantial grounds for differences of opinion. Accordingly, certification pursuant to § 1292(b) is inappropriate. The court will deny the motion.
The court will grant the Senate Defendants' motion to certify the court's order of February 28, 1997 for the reasons stated in this memorandum. The court will grant the AO, and Defendants Sobolevitch and Frankforter's motion for reconsideration. The motion of the Supreme Court Defendants, the AO, and Defendants Sobolevitch and Frankforter for a stay will be denied. The court will grant the individual CJD member's motion to clarify and/or amend and Larsen's motions will be denied in their entirety.
An appropriate order will be issued.
SYLVIA H. RAMBO, Chief Judge
Middle District of Pennsylvania
Dated: May 29, 1997.
In accordance with the accompanying memorandum of law, IT IS HEREBY ORDERED THAT:
(1) The motion of the individual Senate Defendants for reconsideration, or, in the alternative, motion for certification pursuant to 28 U.S.C. § 1292(b) is DENIED IN PART AND GRANTED IN PART:
(a) The court declines to reconsider its memorandum and order dated February 28, 1997;
(b) The court's order of February 28, 1997 is amended to include the following paragraph: "Pursuant to 28 U.S.C. § 1292(b), the court certifies that this order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the termination of the litigation."