The Daily Item, Sunbury, PA

News

October 24, 2012

Try, try again: Judge OKs Kym Best's third version of lawsuit against Northumberland County

WILLIAMSPORT -- The second amended complaint filed by the fired Northumberland County chief clerk against the county and a present and former commissioner has been reinstated.

Within hours Tuesday after ordering Kymberly Best’s document stricken from the record, U.S. Magistrate Judge Thomas M. Blewitt reinstated it. He had struck it because she filed it without the court’s permission or consent of the defense.

Blewitt said he later discovered Best had the consent of the defense to file it. He gave Best 10 days in which to serve it on the county, Commissioner Vinny Clausi and former Commissioner Merle Phillips. They have 10 days to respond.

This is the third complaint Best, who also was an assistant solicitor, has filed in the case that stems from her March 2011 firing.

Chief Judge Yvette Kane last November dismissed Best’s original complaint but gave her permission to file an amended one to cure defects. Best did so but Kane in August dismissed the due process, equal pay, conspiracy, wrongful termination and state whistleblower claims.

She wrote at the time it would be futile to allow Best to file another amended complaint. Blewitt noted Best did not seek the court’s permission to file a second amended complaint but the defense consenting to it adhered to rules of procedure.

 

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