Received 05/06/2015 Commonwealth Court of Pennsylvania Filed 05/06/2015 Commonwealth Court of Pennsylvania 1138 CD 2014
IN THE COMMONWEALTH COURT OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF EDUCATION, Petitioner, v. RYAN BAGWELL, Respondent.
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No. 1318 C.D. 2014
JOINT APPLICATION FOR DISCONTINUANCE Pursuant to Pa. R.A.P. 123 and 1973, Petitioner Pennsylvania Department of Education (PDE) and Respondent Ryan Bagwell (Bagwell) file this joint application requesting that this Honorable Court enter an order of discontinuance in this matter. 1.
On March 31, 2014, Bagwell filed a request (Request) with PDE pursuant to
the Right-to-Know Law, 65 P.S. § 67.101 et seq., seeking certain records consisting of emails.
2.
After PDE denied the Request, Bagwell appealed to the Office of Open
Records (OOR), docketed at AP 2014- 0551. 3.
On June 9, 2014, OOR issued a Final Determination granting Bagwell’s
appeal and ordering PDE to provide the records to Bagwell. 4.
PDE appealed OOR’s Final Determination to this Court; by Opinion and
Order dated April 16, 2015, the Court remanded the matter to OOR for further proceedings but retained jurisdiction. See 2015 Pa. Commw. LEXIS 166. 5.
PDE and Bagwell wish to resolve this matter and avoid further litigation;
therefore, the parties have executed a settlement agreement that fully resolves this matter and the underlying appeal before OOR and provides for the submission of a joint application requesting that this Court discontinue this matter. 6.
The undersigned affirms that Bagwell has authorized PDE to file this joint
application for discontinuance.
WHEREFORE, Petitioner Pennsylvania Department of Education and Respondent Ryan Bagwell respectfully request that this Honorable Court enter an order of discontinuance in this matter. Respectfully submitted, /s/ Karen S. Feuchtenberger Karen S. Feuchtenberger Senior Assistant Counsel Attorney I.D. No. 58995 Pennsylvania Department of Education Office of Chief Counsel 333 Market Street, 9th Floor Harrisburg, PA 17126 E-mail:
[email protected] Tel: (717) 787-5500 Fax: (717)783-0347 Counsel for Petitioner Department of Education
Pennsylvania
