On July 17, 2009 Plaintiffs in the federal lawsuit filed a Motion for Preservation, or in the alternative, a Motion for Reconsideration. Plaintiffs ask the federal court to issue an Order requiring the Luzerne County Probation Office, the Luzerne County Clerk of Courts – Juvenile Division and Domestic Relations Section, and the Luzerne County Court Reporter’s Office to preserve one copy of all records that may be necessary for the adjudication of Plaintiffs’ claims in federal court and to have that copy kept under seal by the federal court.

Plaintiffs have repeatedly and unsuccessfully sought preservation of expunged records through the Pennsylvania Supreme Court. Plaintiffs July 17 Brief details how the Supreme Court has placed Plaintiffs in the unjustifiable position of having to choose to either have their records preserved but delay expungement, or have their records expunged but in so doing, jeopardize their ability to secure federal remedies. Plaintiffs now ask the federal court to issue a preservation order or in the alternative, to reconsider its July 2nd denial of Defendants’ unopposed motion for preservation of Plaintiffs’ juvenile records.

Judge Caputo has scheduled oral arguments on the Motion for July 27, 2009 at 10AM.

JLC's Motion for Preservation