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Pennsylvania Prison Society v. Schweiker

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


December 11, 2007

PENNSYLVANIA PRISON SOCIETY, ET AL., PLAINTIFFS,
v.
HONORABLE MARK SCHWEIKER, GOVERNOR, COMMONWEALTH OF PENNSYLVANIA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Judge Caputo

ORDER

NOW, this 11th day of December, 2007, in response to the mandate of the United States Court of Appeals for the Third Circuit which stated "[w]e remand to the District Court for further proceedings consistent with the Opinion of this Court to develop the record in order to determine plaintiffs' standing to bring this action", IT IS HEREBY ORDERED as follows:

1. Notwithstanding Plaintiffs' request to permit intervention, no intervention will be permitted at this point in the proceedings as "[a] motion for intervention under Rule 24 is not an appropriate device to cure a situation in which plaintiffs may have stated causes of action that they have no standing to litigate." McKay v. Heyison, 614 F.2d 899, 906 (3d Cir. 1980) (quoting McClune v. Shamah, 593 F.2d 482, 486 (3d Cir. 1979)). "It is well-settled that since intervention contemplates an existing suit in a court of competent jurisdiction and because intervention is ancillary to the main cause of action, intervention will not be permitted to breathe life into a 'nonexistent' law suit." Fuller v. Volk, 351 F.2d 323, 328 (3d Cir. 1965)(citing numerous cases). Without standing there is no action in which others may intervene. Fed. R. Civ. P. 24

2. Since a factual determination is required, the parties will be permitted to conduct discovery. All discovery shall be completed by April 30, 2008.

3. Since the United States Court of Appeals for the Third Circuit has instructed that evidence of injury (standing) is required of Plaintiffs, and that Plaintiffs "must offer facts showing that they likely would have received a majority vote in favor of recommendation", an evidentiary hearing will be held on MONDAY, JUNE 2, 2008 AT 10:00 A.M., in Courtroom #1, Max Rosenn United States Courthouse, 197 South Main Street, Wilkes-Barre, Pennsylvania.

A. Richard Caputo United States District Judge

20071211

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