Plaintiff: ANI DIAKATOS, Anonymized Party [07AFDB5], Anonymized Party [179F45E], Anonymized Party [1E31F54], Anonymized Party [224C556], Anonymized Party [2D44EC2], Anonymized Party [4656284], Anonymized Party [677CBC8], Anonymized Party [6A784CB], Anonymized Party [6C9F40E], Anonymized Party [7D3A69E], Anonymized Party [93841D2], Anonymized Party [987373C], Anonymized Party [9B74A60], Anonymized Party [A6DF3D8], Anonymized Party [B2BAACD], Anonymized Party [B2D4F43], Anonymized Party [B8C92DD], Anonymized Party [C0B9C89], Anonymized Party [CE35697], Anonymized Party [D7A1401], Anonymized Party [D8C137C], Anonymized Party [DB91457], Anonymized Party [DCDEB11], Anonymized Party [E46B1D0], Anonymized Party [E5E1224], Anonymized Party [F718C2B], BARBARA SHAH, BRIAN DANA, CINDY HARMON, DANA KELLERMAN, DOUGLAS GRAHAM, ED GRAGERT, FLOYD MONTGOMERY, GINNY MAZZEI, HEATHER TURNAGE, JAMES DAVIS, JASON MAGIDSON, JEAN SHENK, JOE LANDIS, JOHN GALLAGHER, JOSEPH ZEBROWITZ, JOY MONTGOMERY, KRISTIN POLSTON, LEIGH ANN CONGDON, LOUIS AGRE, MARINA KATS, RAYMAN SOLOMON, REAGAN HAUER, SHAWNDRA HOLMBERG, TARA STEPHENSON, WILLIAM EWING
Movant: Anonymized Party [06EEE78], Anonymized Party [07128D3], Anonymized Party [0BB8E3A], Anonymized Party [20BE2B2], Anonymized Party [56B16D2], Anonymized Party [6B8E3CE], Anonymized Party [886CCFC], Anonymized Party [950AD4D], Anonymized Party [A3A1E77], Anonymized Party [D15A3F9], Anonymized Party [D7D6125], Anonymized Party [EF2A114], BARBARA DIAMOND, CHARLES T. MCILHINNEY, JR., COLLEEN GUINEY, DEBORAH NOEL, GILLIAN KRATZER, MARGARET SWOBODA, NANCY CHISWICK, PAMELA ZIDIK, RONALD FAIRMAN, STEVEN DIAMOND, SUSAN WOOD, WILLIAM COLE
Intervenor defendant: Anonymized Party [FB539D0]
Defendant: JONATHAN MARKS, PEDRO CORTES, ROBERT TORRES, THOMAS W. WOLF
Intervenor Defendant: JOSEPH B. SCARNATI, III, MICHAEL C. TURZAI
ORDER of USCA as to 214 Notice of Appeal (Credit Card Payment) filed by LOUIS AGRE, 215 Notice of Appeal (Credit Card Payment), filed by MICHAEL C. TURZAI, JOSEPH B. SCARNATI, III: Insofar as the notice of appeal filed in the above-captioned case was directed to the United States Supreme Court, the appeal is hereby CLOSED. (va, ) (Entered: 01/26/2018)
NOTICE of Docketing Record on Appeal from USCA re 214 Notice of Appeal (Credit Card Payment) filed by LOUIS AGRE. USCA Case Number 18-1135 (dmc, ) (ISSUED IN ERROR NOT A 3RD CIRCUIT APPEAL; USCA WILL CLOSE OUT CASE) Modified on 1/26/2018 (nd, ). (Entered: 01/25/2018)
Notice of Filing of Official Transcript with Certificate of Service re 198 Transcript - PDF,, 12/14/17 Entered and Copies Emailed and Mailed. (va, ) (Entered: 12/14/2017)
Notice of Filing of Official Transcript with Certificate of Service re 197 Transcript - PDF,, 12/14/17 Entered and Copies Emailed and Mailed. (va, ) (Entered: 12/14/2017)
Notice of Filing of Official Transcript with Certificate of Service re 196 Transcript - PDF,, 12/14/17 Entered and Copies Emailed and Mailed.. (va, ) (Entered: 12/14/2017)
Notice of Filing of Official Transcript with Certificate of Service re 195 Transcript - PDF,, 12/14/17 Entered and Copies Emailed and Mailed.. (va, ) (Entered: 12/14/2017)
TRANSCRIPT of MORNING & AFTERNOON SESSION OF TRIAL DAY 4 held on 12/7/17, before Judge MMB. Court Reporter/Transcriber ESR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/3/2018. Redacted Transcript Deadline set for 1/13/2018. Release of Transcript Restriction set for 3/13/2018. Doman Transcription Service. (Attachments: # 1 Transcript Volume 2)(va, ) (Entered: 12/14/2017)
TRANSCRIPT of MORNING & AFTERNOON SESSION OF TRIAL DAY 3 held on 12/6/17, before Judge MMB. Court Reporter/Transcriber ESR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/3/2018. Redacted Transcript Deadline set for 1/13/2018. Release of Transcript Restriction set for 3/13/2018. Doman Transcription Service. (Attachments: # 1 Transcript Volume 2)(va, ) (Entered: 12/14/2017)
TRANSCRIPT of MORNING & AFTERNOON SESSION OF TRIAL DAY 2 held on 12/5/17, before Judge MMB. Court Reporter/Transcriber ESR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/3/2018. Redacted Transcript Deadline set for 1/13/2018. Release of Transcript Restriction set for 3/13/2018. TK Transcription Service. (Attachments: # 1 Transcript Volume 2) (va, ) (Entered: 12/14/2017)
TRANSCRIPT of MORNING & AFTERNOON SESSIONS OF TRIAL DAY 1, held on 12/4/17, before Judge MMB. Court Reporter/Transcriber ESR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/3/2018. Redacted Transcript Deadline set for 1/13/2018. Release of Transcript Restriction set for 3/13/2018. TK Transcription Service. (Attachments: # 1 Transcript Volume 2)(va, ) (Entered: 12/14/2017)
ORDER THAT PLAINTIFF SHALL FILE THEIR STATEMENT BY WEDNESDAY, DECEMBER 13, 2017 BY 4:00 PM. DEFENDANT SHALL FILE THEIR REPLY BY FRIDAY DECEMBER 15, 2017 BY NOON. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/12/17. 12/13/17 ENTERED AND COPIES MAILED, E-MAILED. (va, ) (Entered: 12/13/2017)
Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON: Bench Trial/Day 2 held on 12/5/2017. Court Reporter: ESR. (aeg,) (Entered: 12/08/2017)
Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Bench Trial/Day 3 held on 12/6/17. COURT REPORTER.ESR.(jaa, ) Modified on 12/8/2017 (jaa, ). (Entered: 12/08/2017)
Order on Motion for Pro Hac Vice (Credit Card Payment)
ORDER GRANTING 132 MOTION FOR PRO HAC VICE ADMISSION OF BRUCE M. GORMAN, JR. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/27/17. 11/28/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, ) (Entered: 11/28/2017)
Order on Motion for Pro Hac Vice (Credit Card Payment)
ORDER GRANTING 130 MOTION FOR PRO HAC VICE ADMISSION OF PATRICK T. LEWIS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/27/17. 11/28/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, ) (Entered: 11/28/2017)
Notice of Filing of Official Transcript with Certificate of Service re 84 Transcript - PDF,, 11/17/17 Entered and Copies Emailed and Mailed. (va, ) (Main Document 85 replaced on 11/17/2017) (va, ). (Entered: 11/17/2017)
TRANSCRIPT of ORAL ARGUMENT held on 11/7/17, before Judge HONORABLE MICHAEL M. BAYLSON, D. BROOKS SMITH, AND PATTY SHWARTZ. Court Reporter/Transcriber ESR. TK TRANSCRIBERS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/7/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 2/14/2018. (va, ) (Entered: 11/17/2017)
PROCEDURAL ORDER: ASSUMING PLAINTIFFS FILE AN AMENDED COMPLAINT BY NOVEMBER 17, 2017, THE COURT DIRECTS THAT BOTH THE EXECUTIVE DEFENDANTS AND THE LEGISLATIVE-INTERVENORS MUST ANSWER, PLEAD OR OTHERWISE MOVE BY NOVEMBER 22, 2017. IF A MOTION TO DISMISS IS FILED, RESPONSIVE BRIEFS MUST BE FILED BY NOVEMBER 27, 2017. THE COURT WILL REQUIRE EACH PARTY TO SERVE ON EVERY OTHER PARTY PROPOSED STIPULATED FACTS BY NOVEMBER 17, 2017. EACH PARTY SHALL SERVE ITS RESPONSES TO THE PROPOSED STIPULATED FACTS BY NOVEMBER 24, 2017. NO LATER THAN NOVEMBER 29, 2017 AT NOON, THE PARTIES SHALL FILE A STATEMENT OF THOSE FACTS WHICH HAVE BEEN STIPULATED TO, AND SEPARATELY, SHALL FILE A STATEMENT OF PROPOSED FACTS THAT HAVE NOT BEEN THE SUBJECT OF A STIPULATION, WHICH THE COURT WILL TREAT AS REQUESTS FOR FINDINGS OF FACT. MOTIONS IN LIMINE MUST BE FILED BY NOVEMBER 20, 2017 AND RESPONSES ARE DUE BY NOVEMBER 29, 2017. ALL IN LIMINE MOTIONS SHALL BE SUPPORTED BY A SINGLE BRIEF THAT DOES NOT EXCEED FIFTEEN (15) PAGES. COUNSEL SHALL ORDER TRIAL TRANSCRIPTS TO BE AVAILABLE BY E-MAIL, OR OTHERWISE, BY CLOSE OF BUSINESS ON DECEMBER 8, 2017 (EXCEPT FOR ANY PROCEEDINGS ON DECEMBER 8, 2017, WHICH SHALL BE AVAILABLE BY CLOSE OF BUSINESS ON DECEMBER 11, 2017). COSTS SHALL PAID 1/3 PLAINTIFFS, 1/3 DEFENDANTS, 1/3 INTERVENOR-DEFENDANTS. ALL COMMUNICATIONS WITH THE COURT SHALL BE FILED ON THE DOCKET. FAXES AND EMAILS TO CHAMBERS WILL NOT BE PERMITTED WITHOUT EXPRESS PERMISSION FROM THE COURT. DEADLINE FOR FILING AND SERVICE SHALL BE 3:00 P.M. ON THE DATE SPECIFIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/13/17. 11/14/17 ENTERED AND COPIES MAILED, E-MAILED. (va, ) (Entered: 11/14/2017)
Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON. Motion Hearing held on 10/10/17 re 51 MOTION to Compel filed by RAYMAN SOLOMON, FLOYD MONTGOMERY, LOUIS AGRE, JOY MONTGOMERY, WILLIAM EWING, 54 MOTION to Intervene filed by WILLIAM COLE, BARBARA DIAMOND, PAMELA ZIDIK, NANCY CHISWICK, SUSAN WOOD, STEVEN DIAMOND, RONALD FAIRMAN, COLLEEN GUINEY, GILLIAN KRATZER, DEBORAH NOEL, MARGARET SWOBODA, 50 MOTION to Compel Documents filed by MICHAEL C. TURZAI, JOSEPH B. SCARNATI, III, 45 MOTION to Intervene filed by MICHAEL C. TURZAI, JOSEPH B. SCARNATI, III. Court Reporter: ESR. (va, ) (Entered: 11/09/2017)
ORDER GRANTING 65 MOTION FOR PRO HAC VICE ADMISSION TO AMANDA REBECCA CALLAIS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/6/17. 11/7/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, ) (Entered: 11/07/2017)
ORDER GRANTING 64 MOTION FOR PRO HAC VICE ADMISSION OF ARIA CHRISTINE BRANCH. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/6/17. 11/7/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, ) (Entered: 11/07/2017)
ORDER GRANTING 62 MOTION FOR PRO HAC VICE ADMISSION FOR BRUCE V. SPIVA. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/6/17. 11/7/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, ) (Entered: 11/07/2017)
ORDER GRANTING 61 MOTION FOR PRO HAC VICE FOR MARC ERIK ELIAS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/6/17. 11/7/17 ENTERED AND COPIES MAILED, E-MAILED. (va, ) (Entered: 11/07/2017)
MOTION to Compel filed by LOUIS AGRE, WILLIAM EWING, FLOYD MONTGOMERY, JOY MONTGOMERY, RAYMAN SOLOMON, Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Appendix, # 6 Memorandum Memorandum of Law in Support of Motion to Compel Discovery, # 7 Text of Proposed Order, # 8 Certificate of Service)(BALLARD, ALICE) Modified on 10/31/2017 (md). (Entered: 10/30/2017)
ORDER GRANTING 25 MOTION FOR PRO HAC VICE OF JASON TORCHINSKY. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/11/17. 10/12/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, ) (Entered: 10/12/2017)
Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON. Initial Pretrial Conference held on 10/10/17. Court Reporter: ESR. (va, ) (Entered: 10/11/2017)
ORDER THAT THE 8 APPLICATION OF THOMAS H. GEOGHEGAN FOR PRO HAC VICE ADMISSION IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/6/17. 10/10/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, ) (Entered: 10/10/2017)
ORDER THAT THE 7 APPLICATION OF SEAN MORALES-DOYLE FOR PRO HAC VICE ADMISSION IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/6/17. 10/10/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, ) (Entered: 10/10/2017)
ORDER THAT THE 6 APPLICATION OF MICHAEL P. PERSOON FOR PRO HAC VICE ADMISSION IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/6/17. 10/10/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, ) (Entered: 10/10/2017)
COMPLAINT against PEDRO CORTES, JONATHAN MARKS, THOMAS W. WOLF ( Filing fee $ 400 receipt number 166677.), filed by WILLIAM EWING, JOY MONTGOMERY, RAYMAN SOLOMON, LOUIS AGRE, FLOYD MONTGOMERY. (Attachments: # 1 Civil Cover Sheet)(rt) (Entered: 10/03/2017)
ORDER of USCA as to 214 Notice of Appeal (Credit Card Payment) filed by 9B74A60, 215 Notice of Appeal (Credit Card Payment), filed by FB539D0, JOSEPH B. SCARNATI, III: Insofar as the notice of appeal filed in the above-captioned case was directed to the United States Supreme Court, the appeal is hereby CLOSED. (va, )
NOTICE of Docketing Record on Appeal from USCA re 214 Notice of Appeal (Credit Card Payment) filed by 9B74A60. USCA Case Number 18-1135 (dmc, ) (ISSUED IN ERROR NOT A 3RD CIRCUIT APPEAL; USCA WILL CLOSE OUT CASE) Modified on 1/26/2018 (nd, ).
NOTICE OF APPEAL TO THE U.S. SUPREME COURT as to 114 Order on Motion for Protective Order, 142 Order on Motion for Protective Order, 76 Order on Motion to Compel, 47 Order on Motion for Reconsideration, by JOSEPH B. SCARNATI, III, FB539D0. Filing fee $ 505, receipt number 0313-12586553.(TORCHINSKY, JASON) Modified on 1/24/2018 (md). Modified on 1/25/2018 (td, ).
NOTICE OF APPEAL TO THE U.S. SUPREME COURT as to 210 Order (Memorandum and/or Opinion) by 9B74A60. Filing fee $ 505, receipt number 0313-12575509 (BALLARD, ALICE) Modified on 1/18/2018 (nd). Modified on 1/25/2018 (td, ).
FINAL JUDGMENT IS ENTERED IN FAVOR OF ALL DEFENDANTS AND AGAINST PLAINTIFFS. JUDGE BAYLSON HAS FILED A DISSENTING OPINION. SIGNED BY HONORABLE D. BROOKS SMITH ON 1/10/18. 1/10/18 ENTERED AND COPIES E-MAILED. (va, )
ORDER THAT THE RECORD IN THIS MATTER IS HEREBY REOPENED SO THAT PLAINTIFFS MAY ADD THE CROSS DESIGNATED TRANSCRIPT OF THE DEPOSITION TESTIMONY OF 7D3A69E AS EXHIBIT P-55 TO THEIR CASE IN CHIEF. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/15/17. 12/15/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
LEGISLATIVE DEFENDANTS' REPLY TO PLAINTIFFS' STATEMENTS IN RESPONSE TO THE COURT'S DECEMBER 12, 2017 ORDER (ECF No. 192) by JOSEPH B. SCARNATI, III, FB539D0. (4656284, KATHLEEN) Modified on 12/15/2017 (md).
TRANSCRIPT of MORNING & AFTERNOON SESSION OF TRIAL DAY 4 held on 12/7/17, before Judge MMB. Court Reporter/Transcriber ESR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/3/2018. Redacted Transcript Deadline set for 1/13/2018. Release of Transcript Restriction set for 3/13/2018. Doman Transcription Service. (Attachments: # 1 Transcript Volume 2)(va, )
TRANSCRIPT of MORNING & AFTERNOON SESSION OF TRIAL DAY 3 held on 12/6/17, before Judge MMB. Court Reporter/Transcriber ESR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/3/2018. Redacted Transcript Deadline set for 1/13/2018. Release of Transcript Restriction set for 3/13/2018. Doman Transcription Service. (Attachments: # 1 Transcript Volume 2)(va, )
TRANSCRIPT of MORNING & AFTERNOON SESSION OF TRIAL DAY 2 held on 12/5/17, before Judge MMB. Court Reporter/Transcriber ESR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/3/2018. Redacted Transcript Deadline set for 1/13/2018. Release of Transcript Restriction set for 3/13/2018. TK Transcription Service. (Attachments: # 1 Transcript Volume 2) (va, )
TRANSCRIPT of MORNING & AFTERNOON SESSIONS OF TRIAL DAY 1, held on 12/4/17, before Judge MMB. Court Reporter/Transcriber ESR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/3/2018. Redacted Transcript Deadline set for 1/13/2018. Release of Transcript Restriction set for 3/13/2018. TK Transcription Service. (Attachments: # 1 Transcript Volume 2)(va, )
Statement in Response to the Court's Order of December 12, 2017 Regarding 7D3A69E by 9B74A60. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(BALLARD, ALICE)
ORDER THAT PLAINTIFF SHALL FILE THEIR STATEMENT BY WEDNESDAY, DECEMBER 13, 2017 BY 4:00 PM. DEFENDANT SHALL FILE THEIR REPLY BY FRIDAY DECEMBER 15, 2017 BY NOON. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/12/17. 12/13/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Bench Trial/Day 3 held on 12/6/17. COURT REPORTER.ESR.(jaa, ) Modified on 12/8/2017 (jaa, ).
MOTION for Judgment Pursuant to Rule 50 or Rule 52(c) filed by JOSEPH B. SCARNATI, III, FB539D0.Memorandum and Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Legislative Defendants' Motion for Judgment Pursuant to Rule 50 or Rule 52(c), # 2 Text of Proposed Order)(4656284, KATHLEEN)
MEMORANDUM of Law Regarding Senator Scarnati's Authority by JOSEPH B. SCARNATI, III, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(PASZAMANT, BRIAN) Modified on 12/6/2017 (md).
Minute Entry for proceedings held before JUDGE SMITH, CIRCUIT JUDGE SHWARTZ, HONORABLE MICHAEL M. BAYLSON. Bench Trial/Day 1 - Courtroom 3A - held on 12/4/17. Court Reporter: ESR. (fdc)
Memorandum of Law re 175 MOTION for Sanctions Pursuant to Rule 37 Regarding Scope of Plaintiffs' Discovery Requests and Speaker of Pennsylvania House of Representative's Authority filed by FB539D0. (Attachments: # 1 Exhibit 1)(4656284, KATHLEEN)
RESPONSE in Opposition re 175 MOTION for Sanctions Pursuant to Rule 37 filed by JOSEPH B. SCARNATI, III, FB539D0. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(4656284, KATHLEEN)
NOTICE of Withdrawal of Appearance by MICHAEL J. HEALEY on behalf of 9B74A60, DCDEB11, CE356979, B2BAACD (Attachments: # 1 Certificate of Service)(HEALEY, MICHAEL)
ORDER THAT THE APPLICATION OF E. MARK BRADEN, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/4/17.12/4/17 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
MOTION for Protective Order Regarding Documents Produced in Discovery filed by JOSEPH B. SCARNATI, III.. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(PASZAMANT, BRIAN)
MOTION for Pro Hac Vice of E. Mark Braden ( Filing fee $ 40 receipt number 0313-12493092.) filed by FB539D0.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(4656284, KATHLEEN)
MOTION for Protective Order REGARDING DOCUMENTS PRODUCED IN DISCOVERY filed by FB539D0.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Certificate of Service)(4656284, KATHLEEN)
MOTION to Exclude Witnesses Plaintiffs Failed to Disclose Previously filed by JOSEPH B. SCARNATI, III, FB539D0.Memorandum. (Attachments: # 1 Memorandum of Law in Support of Legislative Defendants' Motion to Exclude Witnesses Plaintiffs Failed to Disclose Previously, # 2 Exhibit A to MOL, # 3 Exhibit B to MOL, # 4 Text of Proposed Order)(4656284, KATHLEEN)
ORDER FOR PLAINTIFFS TO CLARIFY ELEMENTS OF PROOF BY MONDAY, 12/4/17 AT 9:00 AM, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/1/17. 12/1/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
MOTION for Summary Judgment filed by JOSEPH B. SCARNATI, III, FB539D0, Brief, Certificate of Service. (Attachments: # 1 Brief, # 2 Exhibit Statement of Undisputed Facts, # 3 Text of Proposed Order, # 4 Certificate of Service)(TORCHINSKY, JASON) Modified on 12/1/2017 (md).
ORDER THAT THE MOTION TO DISMISS THE AMENDED COMPLAINT, ECF 108 , IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: COUNT II OF THE AMENDED COMPLAINT, ECF 88, IS DISMISSED, WITH PREJUDICE. ANY FURTHER RELIEF IS DENIED. SIGNED BY HONORABLE D. BROOKS SMITH ON 11/30/17. 11/30/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
NOTICE The Court requires that the Plaintiffs, Legislative Defendants and Executive Defendants to pay for the trial and hearing transcripts as outlined in the Procedural Order (ECF 154). In that regard, kindly provide the following information no later than 3:00 p.m. on Friday, December 1, 2017 to Deputy Clerk, Lori DiSanti (lori_disanti@paed.uscourts.gov) indicating the following:Name of Responsible PartyBilling Address and Telephone NumberE-mail address(lds, )
BRIEF by 9B74A60, DCDEB11, CE356979, B2BAACD regarding the elements of their claims, Certificate of Service. (Attachments: # 1 Certificate of Service)(GEOGHEGAN, THOMAS) Modified on 11/30/2017 (md).
BRIEF of EXECUTIVE BRANCH DEFENDANTS ON ELEMENTS OF CLAIMS AND LEGAL STANDARDS by PEDRO CORTES, JONATHAN MARKS, THOMAS W. WOLF, Certificate of Service. (ARONCHICK, MARK) Modified on 11/30/2017 (md).
NOTICE of LEGISLATIVE DEFENDANTS OUTLINE OF ELEMENTS FOR PLAINTIFFS PRIVILEGES AND IMMUNITIES CLAUSE AND FIRST AMENDMENT CLAIMS PER THE COURT'S ORDER 104 by JOSEPH B. SCARNATI, III, FB539D0. (4656284, KATHLEEN) Modified on 11/30/2017 (md).
PROCEDURAL ORDER: ARGUMENT ON THE MOTIONS IN LIMINE WILL TAKE PLACE ON MONDAY, DECEMBER 4, 2017 AT 9:00 A.M. IN COURTROOM 3A, TEN (10) MINUTES EACH SIDE. OPENING STATEMENTS TEN (10) MINUTES EACH SIDE. TRIAL WILL BEGIN IMMEDIATELY FOLLOWING, ALSO IN COURTROOM 3A AND WILL PROCEED EACH DAY FROM 9:00 A.M. TO 4:30 P.M. THROUGH THURSDAY, DECEMBER 7, 2017, WITH A ONE-HOUR LUNCH RECESS. COUNSEL SHALL PRE-MARK ANY EXHIBITS THEY INTEND TO USE AT TRIAL, AND SHALL SERVE AN EXHIBIT LIST ON OPPOSING COUNSEL NO LATER THAN 5:00 P.M. ON THURSDAY, NOVEMBER 30, 2017. ANY OBJECTION TO EXHIBITS SHALL BE SERVED BY 3:00 P.M. ON FRIDAY, DECEMBER 1, 2017. COUNSEL SHALL MEET AND CONFER PRIOR TO THE START OF TRIAL AND PRESENT ANY DISPUTES ABOUT EXHIBITS TO THE COURT ON DECEMBER 4, 2017, AT A TIME TO BE SET BY THE COURT, PREFERABLY WITH A LIST OF EXHIBITS, BY NUMBER AND DESCRIPTION, FOR WHICH THERE ARE UNRESOLVED OBJECTIONS, WITH REASONS FOR THE OBJECTION(S). OBJECTIONS NOT RAISED ARE WAIVED. AS COURTROOM 3A IS EQUIPPED FOR ELECTRONIC DISPLAY OF EXHIBITS, COUNSEL SHALL CONSULT WITH DEPUTY CLERK, JANICE LUTZ, AS TO THE PRESENTATION OF EXHIBITS BY ELECTRONICAL DISPLAY. EACH PARTY WHO INTENDS, PURSUANT TO RULE 32, FED. R. CIV. P., TO INTRODUCE DEPOSITION TESTIMONY TAKEN AS PART OF THE PRETRIAL PROCEEDINGS IN THIS CASE, SHALL DESIGNATE, BY PAGE AND LINE NUMBER, THE DEPOSITIONS WHICH IT INTENDS TO INTRODUCE AT TRIAL AND SERVE DESIGNATIONS NO LATER THAN 3:00 P.M. ON FRIDAY, DECEMBER 1, 2017. AS TO ANY DEPOSITION TRANSCRIPTS WHICH HAVE NOT BEEN RECEIVED BY THAT TIME, THE DESIGNATIONS SHALL BE SERVED NO LATER THAN THE CLOSE OF BUSINESS ON MONDAY, DECEMBER 4, 2017. OBJECTIONS TO ANY DESIGNATIONS MUST BE SERVED BY CLOSE OF BUSINESS ON TUESDAY, DECEMBER 5, 2017. COUNSEL SHALL MAKE ARRANGEMENTS TO MEET AND CONFER ABOUT OBJECTIONS TUESDAY EVENING, DECEMBER 5, 2017. ANY REMAINING OBJECTIONS AS TO DEPOSITION DESIGNATIONS SHALL BE PRESENTED TO THE COURT ON WEDNESDAY, DECEMBER 6, 2017 AT A TIME TO BE SET BY THE COURT. THE PARTIES SHALL FILE AND SERVE, BY 3:00 P.M. ON FRIDAY, DECEMBER 1, 2017, A LIST OF THE WITNESSES THEY INTEND TO CALL. PLAINTIFFS SHALL SPECIFY IN SEQUENTIAL ORDER, THE WITNESSES TO BE CALLED ON MONDAY, DECEMBER 4, 2017. TRIAL TRANSCRIPTS ALTHOUGH THE COURT SPECIFIED WHEN TRIAL TRANSCRIPTS SHOULD BE SECURED IN A PROCEDURAL ORDER DATED NOVEMBER 13, 2017 (ECF __), THIS PROCEDURE WILL BE CHANGED, AS FOLLOWS. TESTIMONY WILL BE RECORDED IN THE COURTROOMS ESR SYSTEM, AND AUDIO FILES MAY BE UPLOADED THE SAME EVENING BY ANY PACER SUBSCRIBER. THE COURT WILL ORDER THAT A WRITTEN TRANSCRIPT TO BE PREPARED OF EACH DAYS PROCEEDINGS, AND THREE COPIES BE DELIVERED TO THE COURTROOM BEFORE 4:30 P.M. OF THE FOLLOWING DAY. THE COURT WILL GIVE FORWARDING INSTRUCTIONS AS TO THE TRANSCRIPT FOR THURSDAY, DECEMBER 7, 2017. ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/29/17. 11/29/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
RESPONSE in Opposition re 96 Fourth MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS' PROFFERED EXPERT, DANIEL McGLONE, 92 First MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS PROFFERED EXPERT, ESTHER NEEDHAM, 95 Third MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS' PROFFERED EXPERT, ANNE C. HANNA, 93 Second MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS' PROFFERED EXPERT, HEATHER SWADLEY filed by 9B74A60, DCDEB11, CE356979, B2BAACD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order, # 4 Certificate of Service)(GEOGHEGAN, THOMAS)
RESPONSE in Opposition re 98 Fifth MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE TO PRECLUDE LAY OPINION TESTIMONY filed by PEDRO CORTES, JONATHAN MARKS, THOMAS W. WOLF. (ARONCHICK, MARK)
STATEMENT of Facts on Which Executive Branch Defendants and Plaintiffs Do Not Agree to Stipulate by FB539D0. (4656284, KATHLEEN) Modified on 11/29/2017 (md).
JOINT STATEMENT OF STIPULATED AND UNDISPUTED FACTS by PEDRO CORTES, JONATHAN MARKS, THOMAS W. WOLF. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D, # 3 Exhibit E-F)(HANGLEY, MICHELE) Modified on 11/29/2017 (md).
Proposed Findings of Fact and Conclusions of Law by 9B74A60, DCDEB11, CE356979, B2BAACD. (Attachments: # 1 Appendix Part 1, # 2 Appendix Part 2, # 3 Appendix Part 3, # 4 Appendix Part 4, # 5 Appendix Part 5, # 6 Appendix Part 6, # 7 Appendix Part 7)(BALLARD, ALICE) Modified on 11/29/2017 (md).
ORDER THAT THE MOTION FOR A PROTECTIVE ORDER TO ALLOW THE DEPOSITION OF LEGISLATIVE DEFENDANT FB539D0 TO BE SEALED (ECF 129 ) IS DENIED. HOWEVER, TO ENABLE THE PARTIES TO FOCUS ON COMPLETING DISCOVERY AND PREPARING FOR TRIAL, ALL DEPOSITIONS AND ANY EXHIBITS USED AT ANY DEPOSITION, MAY ONLY BE DISCLOSED TO COUNSEL, THEIR AGENTS (SUCH AS PARALEGALS AND OTHER ASSISTANTS), THEIR CLIENTS, AND EXPERTS UNTIL TRIAL BEGINS. SIGNED BY HONORABLE PATTY SHWARTZ ON 11/28/17. 11/28/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
ORDER THAT THE MOTION TO QUASH SUBPOENA (ECF 141 ) IS GRANTED IN PART AND DENIED IN PART. UPON REVIEW, THE COURT WILL REQUIRE PLAINTIFFS TO CURE ANY ASSERTED PROCEDURAL DEFECTS IN THE SUBPOENA BY CLOSE OF BUSINESS ON WEDNESDAY, NOVEMBER 29, 2017, AND IF SO, THE DEPOSITION OF SENATOR 0BB8E3A SHALL PROCEED NO LATER THAN FRIDAY, DECEMBER 1, 2017; THE ASSERTION OF LEGISLATIVE AND DELIBERATIVE PRIVILEGE IS OVERRULED FOR REASONS STATED IN THE ORDER ENTERED THIS DATE RELATING TO SPEAKER FB539D0 (ECF 142 ). SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/28/17. 11/28/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
ORDER RE: ASSERTION OF LEGISLATIVE PRIVILEGE AND DELIBERATIVE PRIVILEGE AND "CONSENT" MOTION FOR PROTECTIVE ORDER IS DENIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/28/17.11/28/17 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, )
ORDER GRANTING 132 MOTION FOR PRO HAC VICE ADMISSION OF BRUCE M. GORMAN, JR. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/27/17. 11/28/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
ORDER GRANTING 130 MOTION FOR PRO HAC VICE ADMISSION OF PATRICK T. LEWIS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/27/17. 11/28/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
RESPONSE in Opposition re 129 MOTION for Protective Order to Proceed with FB539D0 Deposition Under Seal filed by 9B74A60, DCDEB11, CE356979, B2BAACD. (MATHEWSON, LISA) Modified on 11/28/2017 (md).
ORDER THAT THE DEPOSITION OF MR. 6C9F40E TAKE PLACE BY TELEPHONE, WITH COUNSEL AND A COURT REPORTER BASED IN PENNSYLVANIA. ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/27/17. 11/27/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
Praecipe to Attach Exhibits A, B and C to the Motion for Protective Order to Proceed with the Speakers Deposition Under Seal (ECF No. 129) by FB539D0. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(4656284, KATHLEEN)
Memorandum re 92 First MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS PROFFERED EXPERT, ESTHER NEEDHAM filed by JOSEPH B. SCARNATI, III, FB539D0. (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(PASZAMANT, BRIAN)
RESPONSE in Opposition re 108 MOTION to Dismiss Amended Complaint filed by 9B74A60, DCDEB11, CE356979, B2BAACD. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(GEOGHEGAN, THOMAS)
MOTION for Pro Hac Vice of Bruce M. Gorman, Jr. ( Filing fee $ 40 receipt number 0313-12477745.) filed by JOSEPH B. SCARNATI, III, FB539D0.Certificate of Service.(PASZAMANT, BRIAN)
MOTION for Pro Hac Vice Patrick T. Lewis ( Filing fee $ 40 receipt number 0313-12477520.) filed by FB539D0.Certificate of Service. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(4656284, KATHLEEN)
MOTION for Protective Order to Proceed with FB539D0 Deposition Under Seal filed by FB539D0.Memorandum. (Attachments: # 1 Memorandum Legislative Defendant FB539D0 Memorandum in Support of His Motion for Protective Order to Proceed with His Deposition Under Seal, # 2 Certificate of Service)(4656284, KATHLEEN)
NOTICE of Appearance by TIFFANIE C. BENFER on behalf of 9B74A60, DCDEB11, CE356979, B2BAACD with Certificate of Service (Attachments: # 1 Certificate of Service)(BENFER, TIFFANIE)
NOTICE of Appearance by MICHAEL J. HEALEY on behalf of 9B74A60, DCDEB11, CE356979, B2BAACD with Certificate of Service (Attachments: # 1 Certificate of Service)(HEALEY, MICHAEL)
RESPONSE in Support re 116 MOTION for Protective Order Consent Motion for the Entry of a Protective Order Regarding Privilege Log filed by FB539D0. (Attachments: # 1 Certificate of Service)(4656284, KATHLEEN)
NOTICE of Appearance by VIRGINIA L. HARDWICK on behalf of 9B74A60, DCDEB11, CE356979, B2BAACD (Attachments: # 1 Certificate of Service)(HARDWICK, VIRGINIA)
RESPONSE in Opposition re 116 MOTION for Protective Order Consent Motion for the Entry of a Protective Order filed by PEDRO CORTES, JONATHAN MARKS, THOMAS W. WOLF. (ARONCHICK, MARK)
Praecipe to Withdraw Legislative Defendant Joseph B. Scarnati III's Motion for Protective Order by JOSEPH B. SCARNATI, III. (Attachments: # 1 Certificate of Service)(PASZAMANT, BRIAN)
MOTION for Protective Order Consent Motion for the Entry of a Protective Order filed by FB539D0.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(4656284, KATHLEEN)
ORDER THAT DEFENDANTS' MOTION FOR EMERGENCY PRETRIAL SCHEDULING CONFERENCE AND TO AMEND THE SCHEDULING ORDER IS DENIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/22/17.11/22/17 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, )
ORDER THAT THE SPEAKER'S MOTION FOR PROTECTIVE ORDER IS DENIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/22/17.11/22/17 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, )
RESPONSE in Opposition re 106 PLAINTIFFS MOTION FOR PROTECTIVE ORDER, together with REPLY in Support of 91 EMERGENCY MOTION TO COMPEL AND/OR MOTION FOR SANCTIONS, filed by JOSEPH B. SCARNATI, III, FB539D0. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(4656284, KATHLEEN) Modified on 11/27/2017 (md).
ORDERED THAT THE LEGISLATIVE DEFENDANTS' MOTION TO COMPEL DEPOSITIONS OF PLAINTIFFS AND/OR MOTION FOR SANCTIONS IS GRANTED IN PART AND DENIED IN PART. THE MOTION FOR SANCTIONS IS DENIED AND PLAINTIFFS' MOTION FOR A PROTECTIVE ORDER IS DENIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/22/17.11/22/17 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 11/22/2017 (jaa, ).
MOTION for Protective Order filed by JOSEPH B. SCARNATI, III.Memorandum of Law, Certificate of Service, Proposed Order. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Certificate of Service)(PASZAMANT, BRIAN)
MOTION to Dismiss Amended Complaint filed by JOSEPH B. SCARNATI, III, FB539D0.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law in Support of Motion to Dismiss Amended Complaint, # 3 Exhibit A to Memorandum of Law)(PASZAMANT, BRIAN)
Emergency MOTION to Amend/Correct 20 Scheduling Order,,,,,,,, Set Deadlines,,,,,,, Motion for Emergency Pretrial Scheduling Conference and to Amend the Scheduling Order filed by JOSEPH B. SCARNATI, III, FB539D0.Memorandum. (Attachments: # 1 Memorandum, # 2 Certificate of Service)(PASZAMANT, BRIAN)
MOTION for Protective Order Limiting Discovery filed by 9B74A60, DCDEB11, CE356979, B2BAACD.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(PERSOON, MICHAEL)
RESPONSE in Opposition re 87 MOTION for Protective Order by Legislative Defendant FB539D0 filed by 9B74A60, DCDEB11, CE356979, B2BAACD. (MATHEWSON, LISA) Modified on 11/22/2017 (md).
ORDER THAT COUNSEL SHALL PROMPTLY FORWARD, DIRECTLY TO THE CHAMBERS OF EACH JUDGE, A BOUND AND TABBED COPY OF THE BRIEF AND ATTACHED EXPERT REPORTS (ECF 99 ), BY EXPRESS MAIL. WHENEVER COUNSEL ARE FILING BRIEFS OR OTHER PAPERS WITH VOLUMINOUS ATTACHED EXHIBITS, THE COURT WILL APPRECIATE A BOUND AND TABBED COPY BEING FORWARDED BY EXPRESS MAIL TO EACH CHAMBERS. COURT WILL NOT BE HELD ON FRIDAY, DECEMBER 8, 2017. THE COURT INTENDS TO ESTABLISH, PRIOR TO THE START OF TRIAL, THE APPROPRIATE BURDEN OF PROOF TO APPLY IN THIS CASE. THE PARTIES SHALL FILE BRIEFS, BY 3:00 P.M. ON NOVEMBER 30, 2017, LIMITED TO TEN (10) PAGES, STATING THE ELEMENTS THE PLAINTIFFS MUST PROVE TO ESTABLISH A VIOLATION OF THE ELECTIONS CLAUSE AND THE FIRST AMENDMENT AS ALLEGED IN THE AMENDED COMPLAINT AND THE EVIDENTIARY STANDARD FOR PLAINTIFFS BURDEN OF PROOF AND WHETHER THERE SHOULD BE ANY BURDEN SHIFTING TO DEFENDANTS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/21/17. 11/21/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
RESPONSE in Opposition re 91 Emergency MOTION for Sanctions Emergency MOTION to Compel EMERGENCY MOTION TO COMPEL AND/OR MOTION FOR SANCTIONS filed by 9B74A60, DCDEB11, CE356979, B2BAACD. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order, # 3 Certificate of Service)(PERSOON, MICHAEL)
ORDER GRANTING 101 MOTION FOR PRO HAC VICE ADMISSION OF PHILLIP M. GORDON. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/21/17. 11/21/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
MOTION for Pro Hac Vice of Phillip M. Gordon ( Filing fee $ 40 receipt number 0313-12468950.) filed by JOSEPH B. SCARNATI, III.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(PASZAMANT, BRIAN)
ORDER THAT THE APPLICATION OF RUSSELL D. GIANCOLA, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/20/17.11/20/17 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
Memorandum MEMORANDUM OF LAW IN SUPPORT OF LEGISLATIVE DEFENDANTS' MOTIONS IN LIMINE re 98 Fifth MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE TO PRECLUDE LAY OPINION TESTIMONY, 96 Fourth MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS' PROFFERED EXPERT, DANIEL McGLONE, 92 First MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS PROFFERED EXPERT, ESTHER NEEDHAM, 95 Third MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS' PROFFERED EXPERT, ANNE C. HANNA, 93 Second MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS' PROFFERED EXPERT, HEATHER SWADLEY filed by JOSEPH B. SCARNATI, III, FB539D0. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8 - part 1, # 9 Exhibit 8 - part 2, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12)(4656284, KATHLEEN)
Fifth MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE TO PRECLUDE LAY OPINION TESTIMONY filed by JOSEPH B. SCARNATI, III, FB539D0.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(4656284, KATHLEEN)
ORDER THAT, WITH REGARD TO THE LEGISLATIVE DEFENDANTS EMERGENCY MOTION TO COMPEL AND/OR MOTION FOR SANCTIONS (ECF 91 ), ANY RESPONSES SHALL BE FILED BY 4:00 P.M. ON TUESDAY, NOVEMBER 21, 2017. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/20/17. 11/20/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
Fourth MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS' PROFFERED EXPERT, DANIEL McGLONE filed by JOSEPH B. SCARNATI, III, FB539D0.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(4656284, KATHLEEN)
Third MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS' PROFFERED EXPERT, ANNE C. HANNA filed by JOSEPH B. SCARNATI, III, FB539D0.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(4656284, KATHLEEN)
ORDER THAT, WITH REGARD TO THE MOTION FOR PROTECTIVE ORDER BY LEGISLATIVE DEFENDANTS (ECF 87 ), ANY RESPONSES SHALL BE FILED BY 4:00 P.M. ON TUESDAY, NOVEMBER 21, 2017. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/20/17. 11/20/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
Second MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS' PROFFERED EXPERT, HEATHER SWADLEY filed by JOSEPH B. SCARNATI, III, FB539D0.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(4656284, KATHLEEN)
First MOTION in Limine LEGISLATIVE DEFENDANTS' MOTION IN LIMINE UNDER DAUBERT TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS PROFFERED EXPERT, ESTHER NEEDHAM filed by JOSEPH B. SCARNATI, III, FB539D0.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(4656284, KATHLEEN)
Emergency MOTION for Sanctions , Emergency MOTION to Compel EMERGENCY MOTION TO COMPEL AND/OR MOTION FOR SANCTIONS filed by JOSEPH B. SCARNATI, III, FB539D0.Memorandum, Certificate of Counsel and Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A - part 1, # 3 Exhibit A - part 2, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Text of Proposed Order for Motion to Compel, # 13 Text of Proposed Order for Motion for Sanctions)(4656284, KATHLEEN)
MOTION for Pro Hac Vice Russell D. Giancola ( Filing fee $ 40 receipt number 0313-12465318.) filed by FB539D0.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(MCLEAN, JASON)
ORDER THAT THE APPLICATION OF ASHTON R. LATTIMORE, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2 (B) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/17/17.11/17/17 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
Amended Complaint filed by 9B74A60. (Attachments: # 1 Certificate of Service)(BALLARD, ALICE) (FILED IN ERROR BY ATTY; ATTY TO RESUBMIT IN HARD COPY) Modified on 11/20/2017 (md).
MOTION for Protective Order by Legislative Defendant FB539D0 filed by FB539D0.Memorandum, Certificate of Counsel, Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Text of Proposed Order)(4656284, KATHLEEN)
MOTION for Pro Hac Vice Admission of Ashton R. Lattimore filed by PEDRO CORTES, JONATHAN MARKS, THOMAS W. WOLF.Certificate of Service.(HANGLEY, MICHELE) (FEE PAID on 11/17/17) (va, ).
Notice of Filing of Official Transcript with Certificate of Service re 84 Transcript - PDF,, 11/17/17 Entered and Copies Emailed and Mailed. (va, ) (Main Document 85 replaced on 11/17/2017) (va, ).
TRANSCRIPT of ORAL ARGUMENT held on 11/7/17, before Judge HONORABLE MICHAEL M. BAYLSON, D. BROOKS SMITH, AND PATTY SHWARTZ. Court Reporter/Transcriber ESR. TK TRANSCRIBERS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/7/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 2/14/2018. (va, )
ORDER RE: STATEMENT OF REASONS FOR THE COURT'S DECISION ON THE MOTION TO DISMISS (ECF 45, EXH.1). SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/16/17. 11/16/17 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 11/17/2017 (jaa, ).
RESPONSE in Opposition re 79 MOTION for Clarification Requesting that Plaintiffs Be Ordered to Identify in Their Amended Complaint the Standard of Proof Applicable to Their Elections Clause Claim filed by 9B74A60, DCDEB11, CE356979, B2BAACD. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(GEOGHEGAN, THOMAS)
PROCEDURAL ORDER: ASSUMING PLAINTIFFS FILE AN AMENDED COMPLAINT BY NOVEMBER 17, 2017, THE COURT DIRECTS THAT BOTH THE EXECUTIVE DEFENDANTS AND THE LEGISLATIVE-INTERVENORS MUST ANSWER, PLEAD OR OTHERWISE MOVE BY NOVEMBER 22, 2017. IF A MOTION TO DISMISS IS FILED, RESPONSIVE BRIEFS MUST BE FILED BY NOVEMBER 27, 2017. THE COURT WILL REQUIRE EACH PARTY TO SERVE ON EVERY OTHER PARTY PROPOSED STIPULATED FACTS BY NOVEMBER 17, 2017. EACH PARTY SHALL SERVE ITS RESPONSES TO THE PROPOSED STIPULATED FACTS BY NOVEMBER 24, 2017. NO LATER THAN NOVEMBER 29, 2017 AT NOON, THE PARTIES SHALL FILE A STATEMENT OF THOSE FACTS WHICH HAVE BEEN STIPULATED TO, AND SEPARATELY, SHALL FILE A STATEMENT OF PROPOSED FACTS THAT HAVE NOT BEEN THE SUBJECT OF A STIPULATION, WHICH THE COURT WILL TREAT AS REQUESTS FOR FINDINGS OF FACT. MOTIONS IN LIMINE MUST BE FILED BY NOVEMBER 20, 2017 AND RESPONSES ARE DUE BY NOVEMBER 29, 2017. ALL IN LIMINE MOTIONS SHALL BE SUPPORTED BY A SINGLE BRIEF THAT DOES NOT EXCEED FIFTEEN (15) PAGES. COUNSEL SHALL ORDER TRIAL TRANSCRIPTS TO BE AVAILABLE BY E-MAIL, OR OTHERWISE, BY CLOSE OF BUSINESS ON DECEMBER 8, 2017 (EXCEPT FOR ANY PROCEEDINGS ON DECEMBER 8, 2017, WHICH SHALL BE AVAILABLE BY CLOSE OF BUSINESS ON DECEMBER 11, 2017). COSTS SHALL PAID 1/3 PLAINTIFFS, 1/3 DEFENDANTS, 1/3 INTERVENOR-DEFENDANTS. ALL COMMUNICATIONS WITH THE COURT SHALL BE FILED ON THE DOCKET. FAXES AND EMAILS TO CHAMBERS WILL NOT BE PERMITTED WITHOUT EXPRESS PERMISSION FROM THE COURT. DEADLINE FOR FILING AND SERVICE SHALL BE 3:00 P.M. ON THE DATE SPECIFIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/13/17. 11/14/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
MOTION for Clarification Requesting that Plaintiffs Be Ordered to Identify in Their Amended Complaint the Standard of Proof Applicable to Their Elections Clause Claim filed by JOSEPH B. SCARNATI, III, FB539D0.Certificate of Service. (Attachments: # 1 Exhibit 1 - 11/9 Letter to Court from Plaintiffs' Counsel, # 2 Exhibit 2 - Excerpts from 11/7 Argument Transcript, # 3 Text of Proposed Order)(4656284, KATHLEEN)
ORDER DENYING 54 MOTION TO INTERVENE AS PLAINTIFFS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/9/17. 11/9/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
ORDER GRANTING 51 MOTION TO COMPEL AS OUTLINED HEREIN: NO LATER THAN NOVEMBER 17, 2017, INTERVENOR DEFENDANTS SHALL PRODUCE DOCUMENTS FROM THE PERIOD JANUARY 1, 2009 THROUGH DECEMBER 31, 2012, THAT ARE REQUESTED IN PLAINTIFFS DISCOVERY DEMANDS AND OVER WHICH INTERVENOR DEFENDANTS DO NOT CLAIM PRIVILEGE; NO LATER THAN NOVEMBER 17, 2017, INTERVENOR DEFENDANTS SHALL PRODUCE REQUESTED FACTS AND DATA CONSIDERED IN CREATING THE 2011 PLAN; NO LATER THAN NOVEMBER 17, 2017, INTERVENOR DEFENDANTS SHALL PRODUCE DOCUMENTS REFLECTING REQUESTED COMMUNICATIONS BETWEEN INTERVENOR DEFENDANTS (INCLUDING THEIR STAFFS AND AGENTS) AND REDMAPS REPRESENTATIVES; NO LATER THAN NOVEMBER 17, 2017, DEFENDANTS SHALL PRODUCE PRIVILEGE LOGS; AND IF THERE ARE CHALLENGES TO THE ASSERTION OF A PRIVILEGE AND/OR WORK PRODUCT RULE, THEN THE PARTIES SHALL MEET AND CONFER AND MAKE A GOOD FAITH EFFORT TO RESOLVE THE DISPUTE. IF THE DISPUTE IS NOT RESOLVED, IT SHALL BE PRESENTED AS FOLLOWS: THE PARTIES SHALL CREATE A JOINT LOG THAT SETS FORTH ONLY THE DOCUMENTS FOR WHICH THERE IS A CHALLENGE CONCERNING THE ASSERTION OF THE PRIVILEGE/WORK PRODUCT RULE, AND THE JOINT LOG SHALL CONTAIN, IN ADDITION TO THE STANDARD COLUMNS ON THE LOG LISTING ITEMS SUCH AS THE IDENTITIES OF THE AUTHOR AND RECIPIENT OF THE DOCUMENT, THE TYPE OF DOCUMENT, AND A DESCRIPTION OF THE CONTENTS OF THE DOCUMENT, TWO ADDITIONAL COLUMNS: (A) A COLUMN SETTING FORTH THE REASONS WHY THE PRIVILEGE DOES NOT APPLY, SHOULD BE PIERCED, OR HAS BEEN WAIVED, AND (B) A COLUMN EXPLAINING WHY THE PRIVILEGE/WORK PRODUCT RULE APPLIES, SHOULD NOT BE PIERCED, OR HAS NOT BEEN WAIVED. ANY SUCH DISPUTES SHALL BE PRESENTED NO LATER THAN NOVEMBER 24, 2017. ETC. SIGNED BY HONORABLE PATTY SHWARTZ ON 11/9/17. 11/9/17 ENTERED AND COPIES MAILED, E-MAILED.(va, )
ORDER GRANTING 50 MOTION TO COMPEL AS OUTLINED HEREIN: NO LATER THAN NOVEMBER 17, 2017, PLAINTIFFS SHALL PROVIDE THEIR PARTY AFFILIATION AND VOTING HISTORY FOR MEMBERS OF CONGRESS FOR THE LAST TEN YEARS (NAMELY, THE LAST FIVE CONGRESSIONAL RACES) AND DOCUMENTS THAT DISCUSS OR SHOW THE HARM THAT THEY CONTEND THEY SUFFERED FROM THE 2011 PLAN; NO LATER THAN NOVEMBER 17, 2017, PLAINTIFFS SHALL PRODUCE PRIVILEGE LOGS; NO LATER THAN NOVEMBER 17, 2017, PLAINTIFFS SHALL PRODUCE THEIR POST-SUIT COMMUNICATIONS WITH THE EXECUTIVE DEFENDANTS (IF ANY EXIST); AND THE REQUEST THAT PLAINTIFFS PRODUCE COMMUNICATIONS ABOUT THE DIFFERENCE(S) BETWEEN THIS CASE AND OTHER PARTISAN GERRYMANDERING CASES, THE DECISION NOT TO JOIN THE INTERVENOR DEFENDANTS, AND EFFORTS TO DISRUPT THE 2018 ELECTION IS DENIED; AND IF THERE ARE CHALLENGES TO THE ASSERTION OF A PRIVILEGE AND/OR WORK PRODUCT RULE, THEN THE PARTIES SHALL MEET AND CONFER AND MAKE A GOOD FAITH EFFORT TO RESOLVE THE DISPUTE. ETC. SIGNED BY HONORABLE PATTY SHWARTZ ON 11/9/17. 11/9/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON. Motion Hearing held on 10/10/17 re 51 MOTION to Compel filed by B2BAACD, CE35697, 9B74A60, C0B9C89, DCDEB11, 54 MOTION to Intervene filed by 56B16D2, EF2A114, 07128D3, 6B8E3CE, 20BE2B2, 950AD4D, 06EEE78, D15A3F9, 886CCFC, D7D6125, A3A1E77, 50 MOTION to Compel Documents filed by FB539D0, JOSEPH B. SCARNATI, III, 45 MOTION to Intervene filed by FB539D0, JOSEPH B. SCARNATI, III. Court Reporter: ESR. (va, )
ORDER THAT THE MOTION TO DISMISS IS DENIED AS TO COUNT I. GRANTED AS TO COUNT II WITH PREJUDICE. GRANTED WITHOUT PREJUDICE AS TO COUNT III, WITH LEAVE TO AMEND BY NOVEMBER 17, 2017, WITH FURTHER DETAILS CLARIFYING THE RELATIONSHIP ALLEGED, IF ANY, BETWEEN THE ELECTIONS CLAUSE AND THE FIRST AMENDMENT. PLAINTIFFS ARE ALSO GRANTED LEAVE TO AMEND THE COMPLAINT TO ADD ONE VOTER FROM EACH CONGRESSIONAL DISTRICT IN THE COMMONWEALTH OF PENNSYLVANIA, ALSO BY NOVEMBER 17, 2017. ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/7/17. 11/7/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
ORDER GRANTING 63 MOTION FOR PRO HAC VICE ADMISSION OF ALEXANDER TISCHENKO. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/6/17. 11/7/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
ORDER GRANTING 65 MOTION FOR PRO HAC VICE ADMISSION TO AMANDA REBECCA CALLAIS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/6/17. 11/7/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
ORDER GRANTING 64 MOTION FOR PRO HAC VICE ADMISSION OF ARIA CHRISTINE BRANCH. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/6/17. 11/7/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
ORDER GRANTING 62 MOTION FOR PRO HAC VICE ADMISSION FOR BRUCE V. SPIVA. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/6/17. 11/7/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
ORDER GRANTING 61 MOTION FOR PRO HAC VICE FOR MARC ERIK ELIAS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/6/17. 11/7/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
RESPONSE in Opposition re 54 MOTION to Intervene filed by 9B74A60, DCDEB11, CE356979. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Certificate of Service COS)(MORALES-DOYLE, SEAN)
Memorandum of Law in Opposition re 54 MOTION to Intervene filed by JOSEPH B. SCARNATI, III, FB539D0. (Attachments: # 1 Exhibit A-B, # 2 Certificate of Service, # 3 Text of Proposed Order)(PASZAMANT, BRIAN) Modified on 11/13/2017 (tjd).
MOTION for Pro Hac Vice Admission of Amanda Rebecca Callais filed by 6B8E3CE, 56B16D2, EF2A114D, 06EEE78, D15A3F9, 886CCFC, D7D6125, A3A1E77, 20BE2B2, 07128D3.Certificate of Service.(BONIN, ADAM) (FEE PAID on 11/17/17) (va, ).
MOTION for Pro Hac Vice Admission of Aria Christine Branch filed by 6B8E3CE, 56B16D2, EF2A114D, 06EEE78, D15A3F9, 886CCFC, D7D6125, A3A1E77, 20BE2B2, 07128D3.Certificate of Service.(BONIN, ADAM) (FEE PAID on 11/17/17) (va, ).
MOTION for Pro Hac Vice Admission of Alexander Tischenko filed by 6B8E3CE, 56B16D2, EF2A114D, 06EEE78, D15A3F9, 886CCFC, D7D6125, A3A1E77, 20BE2B2, 07128D3.Certificate of Service.(BONIN, ADAM) (FEE PAID on 11/17/17) (va, ).
MOTION for Pro Hac Vice Admission of Bruce V. Spiva filed by 6B8E3CE, 56B16D2, EF2A114D, 06EEE78, D15A3F9, 886CCFC, D7D6125, A3A1E77, 20BE2B2, 07128D3.Certificate of Service.(BONIN, ADAM) (FEE PAID on 11/17/17) (va, ).
MOTION for Pro Hac Vice Admission of Marc Erik Elias filed by 6B8E3CE, 56B16D2, EF2A114D, 06EEE78, D15A3F9, 886CCFC, D7D6125, A3A1E77, 20BE2B2, 07128D3.Certificate of Service.(BONIN, ADAM) (FEE PAID on 11/17/17) (va, ).
Set/Reset Deadlines as to 50 MOTION to Compel Documents, 54 MOTION to Intervene , 51 MOTION to Compel . MOTION HEARING SET FOR 11/7/2017 02:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. (va, )
RESPONSE in Opposition re 50 MOTION to Compel Documents filed by 9B74A60, DCDEB11, CE356979, B2BAACD. (Attachments: # 1 Exhibit A-C, # 2 Text of Proposed Order Proposed Order)(GEOGHEGAN, THOMAS)
RESPONSE in Opposition re 51 MOTION to Compel Discovery filed by JOSEPH B. SCARNATI, III, FB539D0. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Certificate of Service)(PASZAMANT, BRIAN)
Set/Reset Deadlines as to 50 MOTION to Compel Documents, 54 MOTION to Intervene , 51 MOTION to Compel . MOTION HEARING SET FOR 11/2/2017 02:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. (va, )
ORDER THAT, THE COURT HAVING SCHEDULED ARGUMENT FOR NOVEMBER 7, 2017 AT 2:00 P.M. IN THE MARIS COURTROOM ON THE 19TH FLOOR OF THE UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA: THE MOTION TO DISMISS THE COMPLAINT (EXHIBIT 1 TO ECF 45 ) WILL BE ARGUED FIRST. EACH SIDE WILL BE ALLOWED A TOTAL OF FIFTEEN (15) MINUTES. AS TO THE MOTION TO INTERVENE AS PLAINTIFFS FILED THIS DATE (ECF 54 ), RESPONSES ARE DUE BY 4:00 P.M. ON MONDAY, NOVEMBER 6, 2017 AND THIS MOTION WILL ALSO BE ARGUED AT THIS TIME. EACH SIDE WILL BE ALLOWED TEN (10) MINUTES. THE COURT WILL ALSO HEAR ARGUMENT ON THE MOTIONS TO COMPEL (ECF 50 AND 51 ). EACH SIDE WILL BE ALLOWED FIVE (5) MINUTES. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/3/17. 11/3/17 ENTERED AND COPIES E-MAILED. (va, )
RESPONSE in Opposition re 50 MOTION to Compel Documents filed by PEDRO CORTES, JONATHAN MARKS, THOMAS W. WOLF. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(HANGLEY, MICHELE)
RESPONSE in Opposition re 45 MOTION to Intervene Exhibit 1 - Motion to Dismiss filed by 9B74A60, DCDEB11, CE356979, B2BAACD. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit B-4, # 6 Exhibit C, # 7 Text of Proposed Order Proposed Order, # 8 Certificate of Service COS)(GEOGHEGAN, THOMAS)
ORDER THAT ANY RESPONSES MUST BE FILED BY 4:00 P.M. ON NOVEMBER 3, 2017; THE MOTIONS ( 50 AND 51 ) WILL BE ARGUED ON NOVEMBER 7, 2017. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/31/2017. 10/31/17 ENTERED AND COPIES E-MAILED. (va, ) Modified on 11/1/2017 (md).
MOTION to Compel filed by 9B74A60, DCDEB11, CE356979, B2BAACD, Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Appendix, # 6 Memorandum Memorandum of Law in Support of Motion to Compel Discovery, # 7 Text of Proposed Order, # 8 Certificate of Service)(BALLARD, ALICE) Modified on 10/31/2017 (md).
MOTION to Compel Documents filed by JOSEPH B. SCARNATI, III, FB539D0.Memorandum of Law, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Certificate of Service)(PASZAMANT, BRIAN)
ORDER DENYING AS MOOT 48 MOTION FOR CLARIFICATION FOR REASONS EXPLAINED HEREIN. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/26/17. 10/26/17 ENTERED AND COPIES E-MAILED. (va, )
MOTION for Clarification re: October 25, 2017 Order (ECF No. 47) filed by JOSEPH B. SCARNATI, III, FB539D0.Certificate of Service. (Attachments: # 1 Certificate of Service)(PASZAMANT, BRIAN)
ORDER THAT THE MOTION TO INTERVENE BY FB539D0, IN HIS OFFICIAL CAPACITY AS SPEAKER OF THE PENNSYLVANIA HOUSE OF REPRESENTATIVES, AND JOSEPH B. SCARNATI, III, IN HIS OFFICIAL CAPACITY AS PENNSYLVANIA SENATE PRESIDENT PRO TEMPORE, AS DEFENDANTS AS A MATTER OF RIGHT (ECF 45 ), IS GRANTED. AS TO DEFENDANT-INTERVENORS MOTION TO DISMISS PLAINTIFFS COMPLAINT, PLAINTIFFS SHALL RESPOND, AS PREVIOUSLY SCHEDULED, BY OCTOBER 31, 2017, WITH A 20 PAGE LIMIT. DEFENDANTS AND/OR INTERVENORS SHALL FILE A REPLY BRIEF BY NOVEMBER 3, 2017, LIMITED TO 15 PAGES. AS TO THE DEFENDANT-INTERVENORS MOTION TO STAY AND/OR ABSTAIN (ECF 45 ), THE MOTION IS DENIED. DEFENDANT-INTERVENORS MOTIONS FOR REVIEW AND RECONSIDERATION OF THE OCTOBER 10, 2017 ORDER (ECF 31 ) AND TO AMEND THE PRETRIAL SCHEDULE (ECF 46 ) ARE GRANTED IN PART AND DENIED IN PART: PLAINTIFFS SHALL DISCLOSE THE IDENTITY OF THEIR EXPERTS (WITH A CURRENT C.V.), AND THE TOPIC(S) OF EACH REPORT BY NOVEMBER 1, 2017. DEFENDANTS EXPERT REPORT(S) SHALL BE SERVED BY NOVEMBER 22, 2017, RATHER THAN BY THE CURRENT DEADLINE OF NOVEMBER 21, 2017. THE COURT HAS PREVIOUSLY RESERVED NOVEMBER 7, 2017 FOR ARGUMENT ON ANY OPEN MOTIONS AND CURRENTLY INTENDS TO HOLD ARGUMENT ON THAT DATE, WITH THE TIME AND LOCATION AT 601 MARKET STREET, PHILADELPHIA PA TO BE DETERMINED. THE COURT WILL ADHERE TO THE CURRENT SCHEDULE OF HEARING ANY MOTIONS IN LIMINE OR OTHER PRETRIAL MATTERS ON MONDAY, DECEMBER 4, 2017 AND WILL BEGIN THE TRIAL ON THAT SAME DAY AS SOON AS THE HEARING ON ANY MOTIONS ARE COMPLETED. ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/25/17. 10/25/17 ENTERED AND COPIES E-MAILED. (va, )
MOTION to Amend/Correct 20 Scheduling Order, Set Deadlines, filed by JOSEPH B. SCARNATI, III, FB539D0.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(PASZAMANT, BRIAN) Modified on 10/27/2017 (md).
MOTION to Intervene filed by JOSEPH B. SCARNATI, III, FB539D0, Memorandum of Law & Certificate of Service. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Memorandum of Law in Support, # 4 Text of Proposed Order Proposed Order, # 5 Certificate of Service)(WIXTED, JOHN) Modified on 10/26/2017 (md).
ORDER GRANTING IN PART 39 MOTION TO AMEND PRE-TRIAL SCHEDULE. PLAINTIFFS EXPERT REPORTS SHALL BE SERVED BY NOVEMBER 7, 2017 AND DEFENDANTS EXPERT REPORTS SHALL BE SERVED BY NOVEMBER 21, 2017. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/23/17. 10/23/17 ENTERED AND COPIES E-MAILED. (va, )
REPLY to Response to Motion re 39 MOTION to Amend/Correct 20 Scheduling Order,,,,,,,, Set Deadlines,,,,,,, to Extend the Deadline for their Expert Reports with Certificate of Service filed by B2BAACD. (BALLARD, ALICE)
Set/Reset Deadlines as to 39 MOTION to Amend/Correct 20 Scheduling Order,,,,,,,, Set Deadlines,,,,,,, to Extend the Deadline for their Expert Reports. RESPONSES DUE BY 10/23/2017. (jl, )
RESPONSE in Opposition re 39 MOTION to Amend/Correct 20 Scheduling Order,,,,,,,, Set Deadlines,,,,,,, to Extend the Deadline for their Expert Reports filed by JOSEPH B. SCARNATI, III, FB539D0. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(4656284, KATHLEEN)
MOTION to Amend/Correct 20 Scheduling Order, Set Deadlines to Extend the Deadline for their Expert Reports filed by PLAINTIFFS. Memorandum and Certificate of Service.(BALLARD, ALICE) Modified on 10/26/2017 (tjd).
ORDER THAT I HEREBY DESIGNATE A THREE JUDGE DISTRICT COURT PURSUANT TO 28 U.S.C. 2284 AS FOLLOWS: D. BROOKS SMITH, CHIEF JUDGE, PATTY SHWARTZ, CIRCUIT JUDGE AND MICHAEL M. BAYLSON, DISTRICT JUDGE TO HEAR AND DETERMINE THIS CAUSE IN ACCORDANCE WITH THE LAW. CHIEF JUDGE D. BROOKS SMITH SHALL PRESIDE. THE CLERK OF THE DISTRICT COURT SHALL PROCESS THIS ORDER FORTHWITH. (SIGNED BY HONORABLE D. BROOKS SMITH, CHIEF JUDGE USCA FOR THE THIRD CIRCUIT) 10/19/17 ENTERED AND COPIES EMAILED. (td, )
Notification dated October 5, 2017 to Honorable D. Brooks Smith, Chief Judge of USCA from Judge Michael M. Baylson that pursuant to 28 U.S.C. section 2284(b)(1), I am enclosing a copy of the complaint together with a request for three judges filed this date. I respectfully request that you appoint the other two judicial officers, as it appears to me that a three judge court is required given the allegations in the complaint. (td, )
TRANSCRIPT of PRETRIAL HEARING held on 10/10/17, before Judge MMB. Court Reporter/Transcriber ESR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. TK Transcribers. Redaction Request due 11/6/2017. Redacted Transcript Deadline set for 11/16/2017. Release of Transcript Restriction set for 1/14/2018. (va, )
MOTION for Reconsideration re 20 Scheduling Order,,,,,,,, Set Deadlines,,,,,,, MOTION FOR REVIEW AND RECONSIDERATION OF SCHEDULING ORDER 20 BY THREE JUDGE PANEL filed by JOSEPH B. SCARNATI, III, FB539D0. Certificate of Service. (Attachments: # 1 Exhibit A - Petition for Review, # 2 Text of Proposed Order)(4656284, KATHLEEN)
ORDER THAT 26 MOTION TO ADMIT SHAWN T. SHEEHY PRO HAC VICE TO REPRESENT PROPOSED INTERVENOR JOSEPH B. SCARNATI, III, IN HIS OFFICIAL CAPACITY AS PENNSYLVANIA SENATE PRESIDENT PRO TEMPORE IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/11/17.10/12/17 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
ORDER GRANTING 25 MOTION FOR PRO HAC VICE OF JASON TORCHINSKY. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/11/17. 10/12/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
MOTION for Pro Hac Vice Admission of Shawn Sheehy filed by JOSEPH B. SCARNATI, III.. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(PASZAMANT, BRIAN) (FEE PAID ON 10/13/17) (va, ).
MOTION for Pro Hac Vice Admission of Jason Torchinsky filed by JOSEPH B. SCARNATI, III.. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(PASZAMANT, BRIAN) (FEE PAID ON 10/13/17) (va, ).
NOTICE of Appearance of Michael P. Persoon by ALICE W. BALLARD on behalf of 9B74A60, DCDEB11, CE356979, B2BAACD, with Certificate of Service. (BALLARD, ALICE) Modified on 10/12/2017 (md).
NOTICE of Appearance of Sean Morales-Doyle by ALICE W. BALLARD on behalf of 9B74A60, DCDEB11, CE356979, B2BAACD, with Certificate of Service. (BALLARD, ALICE) Modified on 10/12/2017 (md).
NOTICE of Appearance of Thomas Geoghegan by ALICE W. BALLARD on behalf of 9B74A60, DCDEB11, CE356979, B2BAACD, with Certificate of Service. (BALLARD, ALICE) Modified on 10/12/2017 (md).
PRETRIAL SCHEDULING ORDER: DEFENDANTS, WOLF, CORTES AND MARKS (EXECUTIVE BRANCH DEFENDANTS) WILL ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT BY OCTOBER 24, 2017. PROPOSED INTERVENORS, SCARNATI AND FB539D0 (LEGISLATIVE DEFENDANTS), SHALL FILE THEIR MOTION TO INTERVENE, TOGETHER WITH A PLEADING RESPONSIVE TO THE COMPLAINT, OR A MOTION TO DISMISS, TOGETHER WITH A MOTION TO STAY PROCEEDINGS, AND SUPPORTING MEMORANDA, BY OCTOBER 24, 2017. PLAINTIFFS SHALL SERVE WRITTEN DISCOVERY, FIRST SET OF DOCUMENT REQUESTS, INTERROGATORIES AND REQUESTS FOR ADMISSIONS BY OCTOBER 13, 2017. OBJECTIONS MUST BE SERVED BY OCTOBER 20, 2017 AND MUST BE SPECIFIC IN NATURE. COUNSEL SHALL MEET AND CONFER ABOUT OBJECTIONS NO LATER THAN OCTOBER 25, 2017 AND SHALL FILE ANY MOTION TO COMPEL BY OCTOBER 30, 2017. IF A MOTION TO COMPEL IS FILED, THE RESPONSE IS DUE BY NOVEMBER 3, 2017. ON TUESDAY, NOVEMBER 7, 2017 AT 10:00 A.M., THE COURT WILL HAVE A FURTHER PRETRIAL HEARING AND ARGUMENT ON ANY PENDING MOTIONS, AND WILL ALSO DISCUSS THE PROGRESS OF PRETRIAL DISCOVERY AND SET FURTHER DEADLINES. COUNSEL SHALL DISCUSS PROPOSED DEPOSITIONS PRIOR TO THIS HEARING AND ATTEMPT TO REACH AGREEMENT. PLAINTIFF SHALL SERVE EXPERT REPORTS BY OCTOBER 24, 2017. DEFENDANTS MAY TAKE DEPOSITIONS OF PLAINTIFFS EXPERTS AT ANY TIME THEREAFTER. DEFENDANTS EXPERT REPORTS SHALL BE SERVED BY NOVEMBER 22, 2017. PLAINTIFFS MAY TAKE DEPOSITIONS OF DEFENDANTS EXPERTS ANYTIME THEREAFTER, AND PRIOR TO TRIAL. THE COURT TENTATIVELY SETS MONDAY, DECEMBER 4, 2017 AT 10:00 A.M. FOR ANY FURTHER PRETRIAL MOTIONS SUCH AS MOTIONS IN LIMINE, OR NEED FOR ANY HEARINGS UNDER EVIDENCE RULE 104. THE TRIAL WILL BEGIN ON TUESDAY, DECEMBER 5, 2017 AT 10:00 A.M. IN COURTROOM 3A. ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/10/17. 10/10/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )
ORDER THAT THE 8 APPLICATION OF THOMAS H. GEOGHEGAN FOR PRO HAC VICE ADMISSION IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/6/17. 10/10/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
ORDER THAT THE 7 APPLICATION OF SEAN MORALES-DOYLE FOR PRO HAC VICE ADMISSION IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/6/17. 10/10/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
ORDER THAT THE 6 APPLICATION OF MICHAEL P. PERSOON FOR PRO HAC VICE ADMISSION IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/6/17. 10/10/17 ENTERED AND COPIES MAILED WITH ECF FORMS, E-MAILED. (va, )
APPLICATION for Admission Pro Hac Vice of Thomas H. Geoghegan by 9B74A60, DCDEB11, CE356979, JOSEPH B. SCARNATI, III, B2BAACD. ( Filing fee $ 40 receipt number 0313-12377007.). (BALLARD, ALICE) Modified on 10/10/2017 (md).
APPLICATION for Admission Pro Hac Vice of Sean Morales-Doyle by 9B74A60, DCDEB11, CE356979, JOSEPH B. SCARNATI, III, B2BAACD. ( Filing fee $ 40 receipt number 0313-12376981.). (BALLARD, ALICE) Modified on 10/10/2017 (md).
APPLICATION for Admission Pro Hac Vice of Michael P. Persoon by 9B74A60, DCDEB11, CE356979, JOSEPH B. SCARNATI, III, B2BAACD. ( Filing fee $ 40 receipt number 0313-12376943.). (BALLARD, ALICE) Modified on 10/10/2017 (md).
NOTICE of Appearance by GREGORY GEORGE SCHWAB on behalf of THOMAS W. WOLF with Certificate of Service (Attachments: # 1 Certificate of Service)(SCHWAB, GREGORY)
ORDER THAT THE COURT WILL SCHEDULE A PROMPT PRETRIAL CONFERENCE FOR CASE MANAGEMENT AND SCHEDULING ISSUES TO BE HELD ON TUESDAY, OCTOBER 10, 2017 AT 10:00 A.M. IN COURTROOM 3A. IT IS FURTHERORDERED THAT PLAINTIFFS COUNSEL SHALL FORTHWITH SERVE A COPY OF THE COMPLAINT AND THIS ORDER ON APPROPRIATE STATE OFFICIALS INCLUDING, BUT NOT LIMITED TO, THE ATTORNEY GENERAL OF PENNSYLVANIA, AS WELL AS THE DEFENDANTS, BY OVERNIGHT DELIVERY, POSTAGE PREPAID, AND ALSO ELECTRONIC SERVICE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/4/17. 10/4/17 ENTERED AND COPIES E-MAILED. (va, )
COMPLAINT against PEDRO CORTES, JONATHAN MARKS, THOMAS W. WOLF ( Filing fee $ 400 receipt number 166677.), filed by DCDEB11, C0B9C89, B2BAACD, 9B74A60, CE35697. (Attachments: # 1 Civil Cover Sheet)(rt)
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