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NAPARSTECK v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE

Civil Action No. 3:11-CV-1544.

NOAH NAPARSTECK, personal representative for the ESTATE OF XAVIER SIMMONS, DECEASED, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, LUZERNE COUNTY, CHILDREN AND YOUTH SERVICE OF LUZERNE COUNTY, ELIZABETH LOZOSKY-LAYLO, FRANK CASTANO, ROSE GALLAGHER, ANTHONY LUMBIS, VICTOR J. DROSEY, MARSHA ANN BASCO, BERNARD PODCASY and JENNIFER ROGERS, Defendants.

United States District Court, M.D. Pennsylvania.

April 27, 2012.

Attorney(s) appearing for the Case

Joan Devlin Daly , Marks, O'Neill O'Brien & Courtney, P.C. representing Children and Youth Services of Luzerne County (Defendant).

Joan Devlin Daly , Marks, O'Neill O'Brien & Courtney, P.C. representing Luzerne County (Defendant), Elizabeth Lozosky-Laylo (Defendant), Frank Castano (Defendant) & Supervisor Rose Gallagher (Defendant).

Dawn Courtney Doherty , Marks, O'Neill, O'Brien & Courtney, P.C. representing Children and Youth Services of Luzerne County (Defendant), Luzerne County (Defendant), Elizabeth Lozosky-Laylo (Defendant), Frank Castano (Defendant), Noah Naparsteck (Plaintiff) & Supervisor Rose Gallagher (Defendant).

Thomas J. Johanson , Marks O'Neill O'Brien & Courtney, PC representing Children and Youth Services of Luzerne County (Defendant), Luzerne County (Defendant), Elizabeth Lozosky-Laylo (Defendant), Frank Castano (Defendant) & Supervisor Rose Gallagher (Defendant).

Franklin E. Kepner, Jr. , Kepner, Kepner & Corba, P.C. representing Noah Naparsteck (Plaintiff).

Gregory T. Moro , Moro & Moro Attorneys at Law representing Noah Naparsteck (Plaintiff).

MEMORANDUM

A. RICHARD CAPUTO, District Judge.

Presently before the Court is Defendants Luzerne County, Children and Youth Services of Luzerne County, Elizabeth Lozosky-Laylo, Frank Castano, and Rose Gallagher's Motion for Reconsideration of the Court's earlier ruling on their Motion to Dismiss. Plaintiff Noah Naparsteck, personal representative for the Estate of Xavier Simmons, seeks to recover for the death of Xavier Simmons while...

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