IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LEON R. DONGELEWICZ, et al., : 3:CV-95-0457
Plaintiffs : JUDGE McCLURE
v. :
FIRST EASTERN BANK, et al., :
Defendants :
BACKGROUND:
Plaintiffs have submitted to the clerk of Court a request that the Notice of Class
Action approved by the court be signed by the Clerk of Court and returned to class
counsel for publication to potential class members consistent with the court’s Order # 2 of
June 19, 1996 certifying the class.
Order # 2 filed on June 19, 1996 provides that:
(a) Class counsel shall, within ninety (90) days of this order, cause to be mailed
in the name of the clerk by first class mail, postage prepaid, to all class
members who can be identified through reasonable efforts, a notice in
substantially the form as Attachment A, namely, the current owners of lots in
the Valley of Lakes subdivision.
(b) Class counsel shall cause to be published, within ten days of the mailing of
the notices, in substantially the form as Attachment B in (i) a newspaper of
general circulation in Luzerne County, PA; (ii) a newspaper of general
circulation in Schuylkill County, Pa.
(c) Class Counsel shall cause to be published a "World Wide Web homepage"
on the Internet containing both the mailed notice and published notice.
The ninety-day period for class notification will soon expire. In view of the pending
motions for reconsideration of the court’s order and memorandum granting class
certification, we will defer notification of the class until the pending motions for
decertification are resolved.
NOW, THEREFORE, IT IS ORDERED THAT:
1. Order # 2 filed June 19, 1996 is vacated to the extent that it requires
publication of notice to the class within 90 days from the date of that order.
2. Class counsel’s obligation to publish notice to the class is deferred and class
counsel is directed to make no effort in that regard until further order of court.
/s/
___________________________
James F, McClure, Jr.
United States District Judge
