Case: Libertarian Party of Pennsylvania v. Wolf

5:20-cv-02299 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: May 14, 2020

Closed Date: Aug. 14, 2020

Clearinghouse coding complete

Case Summary

The Libertarian Party of Pennsylvania, the Constitution Party of Pennsylvania, the Green Party of Pennsylvania, and six members of these parties ("the plaintiffs") brought this lawsuit challenging Pennsylvania's ballot qualification law and the state's emergency orders in response to the COVID-19 pandemic. On May 14, 2020, the plaintiffs sued the Pennsylvania Governor, the Secretary of the Commonwealth, and the Deputy Secretary for Elections and Commissions ("the defendants") in the U.S. Distri…

The Libertarian Party of Pennsylvania, the Constitution Party of Pennsylvania, the Green Party of Pennsylvania, and six members of these parties ("the plaintiffs") brought this lawsuit challenging Pennsylvania's ballot qualification law and the state's emergency orders in response to the COVID-19 pandemic. On May 14, 2020, the plaintiffs sued the Pennsylvania Governor, the Secretary of the Commonwealth, and the Deputy Secretary for Elections and Commissions ("the defendants") in the U.S. District Court for the Eastern District of Pennsylvania.

In their complaint, the plaintiffs alleged that the defendants violated the First and Fourteenth Amendments to the U.S. Constitution. Specifically, the plaintiffs claimed that Pennsylvania's signature requirement for minor political parties and political bodies to qualify for the 2020 election ballot in conjunction with the Governor's emergency orders making signature collection impracticable violated the plaintiffs' free speech rights and deprived them of due process and equal protection. The plaintiffs sought temporary and permanent injunctive relief, as well as costs and attorneys' fees.

On May 27, 2020, the Pennsylvania Democratic Party (PDP) filed a motion to intervene in the case. While litigation regarding the plaintiffs' motion for a temporary restraining order and the PDP's motion to intervene continued, the defendants filed a motion to dismiss on June 5, 2020, alleging that the plaintiffs failed to state a claim upon which relief could be granted. After oral arguments on the open motions, Judge Edward G. Smith granted the PDP's motion to intervene on July 8, 2020.

Judge Smith denied the plaintiffs' emergency motion for a temporary restraining order or preliminary injunction on July 14, 2020. The court found that the plaintiffs did not show that they were entitled to the extraordinary remedy of automatic ballot placement. While Judge Smith acknowledged the burden the COVID-19 pandemic imposed, Pennsylvania offered the plaintiffs remote alternatives to signature collection as well as sufficient time to collect signatures after the Governor lifted the stay at home orders.

On July 16, 2020, the plaintiffs filed both a motion to stay in the district court and notice of appeal in the U.S. Court of Appeals for the Third Circuit in response to Judge Smith's order. Twelve days later, on July 28, 2020, the Third Circuit Court of Appeals affirmed the district court's order and denied as moot the plaintiffs' motion to stay. 813 Fed. Appx. 834.

The plaintiffs subsequently filed a voluntary motion to dismiss the case on August 14, 2020. In response, Judge Smith deemed the defendant's motion to dismiss moot and closed the case was closed the same day.

Summary Authors

Richa Bijlani (3/27/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9329541/parties/libertarian-party-of-pennsylvania-v-tom-wolf/


Judge(s)

Ambro, Thomas L. (Delaware)

Bibas, Stephanos (Pennsylvania)

Attorney for Plaintiff

Brown, Mark R. (Ohio)

Attorney for Defendant

Armezzani, Richard L (Pennsylvania)

Brier, Daniel T. (Pennsylvania)

Expert/Monitor/Master/Other
Judge(s)

Ambro, Thomas L. (Delaware)

Bibas, Stephanos (Pennsylvania)

Shwartz, Patty (New Jersey)

Smith, Edward George (Pennsylvania)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

5:20-cv-02299

0:20-02481

Docket [PACER]

Aug. 14, 2020

Aug. 14, 2020

Docket
1

5:20-cv-02299

Complaint [Temporary Restraining Order and Preliminary Injunction Requested]

May 14, 2020

May 14, 2020

Complaint
57

5:20-cv-02299

Memorandum Opinion

July 14, 2020

July 14, 2020

Order/Opinion
35

5:20-cv-02299

0:20-02481

Judgment Order

U.S. Court of Appeals for the Third Circuit

July 28, 2020

July 28, 2020

Order/Opinion

813 Fed.Appx. 813

36-1

5:20-cv-02299

0:20-02481

Judgment Order

Libertarian Party of Pennsylvania v. Governor of Pennsylvania

U.S. Court of Appeals for the Third Circuit

July 28, 2020

July 28, 2020

Order/Opinion

813 Fed.Appx. 813

73

5:20-cv-02299

Plaintiffs' Notice of Dismissal

Aug. 14, 2020

Aug. 14, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9329541/libertarian-party-of-pennsylvania-v-tom-wolf/

Last updated March 22, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link

Case closed (kv)

April 20, 1992

April 20, 1992

PACER
1

COMPLAINT against KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF ( Filing fee $ 400 receipt number 0313-14293871.), filed by ALAN SMITH, GREEN PARTY OF PENNSYLVANIA, TIMOTHY RUNKLE, JUSTIN MAGILL, THE CONSTITUTION PARTY OF PENNSYLVANIA, BOB GOODRICH, LIBERTARIAN PARTY OF PENNSYLVANIA, STEVE SCHEETZ, KEVIN GAUGHEN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibits referenced in Complaint, # 3 Designation Form, # 4 Case Management Track Form, # 5 Disclosure Statement Libertarian Party of PA, # 6 Disclosure Statement The Constitution Party of PA, # 7 Disclosure Statement Green Party of PA)(MILLER, DREW) *ATTORNEY TO RE-FILE DISCLOSURE STATEMENTS USING CORRECT EVENT* Modified on 5/15/2020 (lisad, ). (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

Clearinghouse

Summons Issued as to KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. E-MAILED To: COUNSEL on 5/15/2020 (bw, )

May 15, 2020

May 15, 2020

PACER
2

Disclosure Statement Form pursuant to FRCP 7.1 by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (Attachments: # 1 Disclosure Statement - Green Party of PA, # 2 Disclosure Statement - Constitution Party of PA)(MILLER, DREW) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
3

First MOTION for Preliminary Injunction, First MOTION for Temporary Restraining Order filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA.Memorandum, Certificate of Service.(MILLER, DREW) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
4

ORDER OF 5/20/20 THAT THE COURT WILL HOLD AN ON-THE-RECORD TELEPHONE CONFERENCE TO DISCUSS THIS MATTER INCLUDING THE SCHEDULE MOVING FORWARD ON MAY 27, 2020 AT 3:00PM. ETC. THE PLAINTIFFS SHALL ENSURE THAT THE DEFENDANTS AND DEFENSE COUNSEL RECEIVE A COPY OF THIS ORDER, AND THEY SHALL MAKE EVERY EFFORT TO ENSURE THAT DEFENSE COUNSEL IS PRESENT ON THE CALL. SIGNED BY JUDGE: EDWARD G. SMITH ON 5/20/20. 5/20/20 ENTERED AND COPIES E-MAILED. (DT) (COPY TO BE FORWARDED TO DEFENSE BY PLAINTIFF'S COUNSEL PER THIS ORDER) Modified on 5/21/2020 (lisad, ). (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
5

First MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number 0313-14307002.) filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA..(MILLER, DREW) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
6

First MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number 0313-14307023.) filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA..(MILLER, DREW) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
7

ORDER OF 5/22/20 THAT THE APPLICATION OF OLIVER B. HALL, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY JUDGE: EDWARD G. SMITH ON 5/22/20.5/22/20 ENTERED AND COPIES E-MAILED. (COPY NOT MAILED TO UNREP PARTIES)(DT) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
8

ORDER OF 5/22/20 THAT THE APPLICATION OF MARK R. BROWN, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY JUDGE: EDWARD G. SMITH ON 5/22/20. 5/22/20 ENTERED AND COPIES E-MAILED. (DT) (COPIES NOT MAILED TO UNREP PARTIES) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
9

NOTICE of Appearance by DANIEL T. BRIER on behalf of KATHY BOOCKVAR, KATHY BOOCKVAR, JONATHAN M. MARKS, JONATHAN M. MARKS, TOM WOLF, TOM WOLF with Certificate of Service(BRIER, DANIEL) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
10

NOTICE of Appearance by DONNA A. WALSH on behalf of KATHY BOOCKVAR, KATHY BOOCKVAR, JONATHAN M. MARKS, JONATHAN M. MARKS, TOM WOLF, TOM WOLF with Certificate of Service(WALSH, DONNA) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
11

NOTICE of Appearance by RICHARD L. ARMEZZANI on behalf of KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF with Certificate of Service(ARMEZZANI, RICHARD) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
12

First MOTION to Intervene filed by PENNSYLVANIA DEMOCRATIC PARTY.Motion, Brief and Order. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(LEVINE, CLIFFORD) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
13

RESPONSE in Opposition re 12 First MOTION to Intervene filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (MILLER, DREW) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
14

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Telephone Conference held on 5/27/20. Court Reporter: Lynn Gligor. (dt, ) Modified on 5/28/2020 (lisad, ). (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
15

ORDER OF 5/28/20 THAT THE COURT WILL HOLD AN ON-THE-RECORD TELEPHONE CONFERENCE TO DISCUSS THIS MATTER, INCLUDING THE SCHEDULE MOVING FORWARD ON JUNE 3, 2020 AT 1:30PM. ETC. THE DEFENDANTS SHALL HAVE UNTIL FRIDAY, JUNE 12, 2020 TO RESPOND TO THE PLAINTIFF'S EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. SIGNED BY JUDGE: EDWARD G. SMITH ON 5/28/20. 5/28/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
16

TRANSCRIPT of TELEPHONE CONFERENCE held on 5/27/2020, before Judge SMITH. Court Reporter/Transcriber LYNN GLIGOR, RMR. 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 6/22/2020. Redacted Transcript Deadline set for 7/2/2020. Release of Transcript Restriction set for 8/31/2020. (sg, ) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
17

Notice of Filing of Official Transcript with Certificate of Service re 16 Transcript - PDF, 6/1/2020 Entered and Copies Emailed. (sg, ) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
18

Supplemental Brief in Support re 12 First MOTION to Intervene Supplemental filed by PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: # 1 Certificate of Service)(LEVINE, CLIFFORD) Modified on 6/4/2020 (lisad, ). (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
19

RESPONSE to Motion re 12 First MOTION to Intervene filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (BRIER, DANIEL) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
20

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Telephone Conference held on 6/3/20. The Court and counsel discuss the status of the case and scheduling. Court Reporter: Suzanne White. (dt) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
21

ORDER OF 6/4/20 THAT THE PROPOSED INTERVENOR SHALL HAVE UNTIL FRIDAY, JUNE 5, 2020 TO FILE A RESPONSIVE PLEADING; THE DEFENDANTS SHALL HAVE UNTIL FRIDAY, JUNE 5, 2020 TO RESPOND TO THE COMPLAINT. THE DEFENDANTS SHALL HAVE UNTIL FRIDAY, JUNE 12, 2020 TO RESPOND TO THE PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. THE PLAINTIFFS SHALL HAVE UNTIL FRIDAY, JUNE 12, 2020 TO RESPOND TO THE PROPOSED INTERVENOR'S RESPONSIVE PLEADING; THE PLAINTIFFS SHALL HAVE UNTIL FRIDAY JUNE 12, 2020 TO RESPOND TO THE DEFENDANTS' RESPONSE TO THE COMPLAINT; THE PLAINTIFFS SHALL HAVE UNTIL FRIDAY, JUNE 12, 2020 TO CIRCULATE THEIR PROPOSED VERSION OF A STIPULATED FACTUAL RECORD TO THE DEFENDANTS AND THE PROPOSED INTERVENOR; THE PLAINTIFFS SHALL HAVE UNTIL FRIDAY, JUNE 19, 2020 TO RESPOND TO THE DEFENDANTS' OPPOSITION TO THE EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION; THE COURT WILL HOLD A HEARING ON THE EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, AS WELL AS ANY OTHER PENDING MOTIONS ON WEDNESDAY, JUNE 24, 2020 AT 10:00AM; VIA VIDEO CONFERENCE. INSTRUCTIONS FOR THE VIDEO CONFERENCE WILL BE PROVIDED TO THE PARTIES BY EMAIL AT A LATER DATE. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/4/20. 6/4/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
22

Proposed Answer to Complaint re 12 First MOTION to Intervene Providing Proposed Pleading in Response to Complaint filed by PENNSYLVANIA DEMOCRATIC PARTY. (LEVINE, CLIFFORD) Modified on 6/8/2020 (lisad, ). (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
23

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support)(BRIER, DANIEL) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
24

Response in Opposition by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (MILLER, DREW) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
25

RESPONSE in Opposition re 3 First MOTION for Preliminary Injunction First MOTION for Temporary Restraining Order filed by PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: # 1 Certificate of Service)(LEVINE, CLIFFORD) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
26

RESPONSE in Opposition re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (Attachments: # 1 Exhibit Declaration)(MILLER, DREW) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
27

ORDER THAT THE HEARING ON THE EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, AS WELL AS ON ANY OTHER PENDING MOTIONS, CURRENTLY SCHEDULED FOR WEDNESDAY, JUNE 24, 2020, AT 10:00 A.M. IS RESCHEDULED TO TUESDAY, JUNE 23, 2020 AT 1:30 P.M. VIA A VIDEO CONFERENCE. INSTRUCTIONS FOR THE VIDEO CONFERENCE WILL BE PROVIDED TO THE PARTIES BY EMAIL AT A LATER DATE. SIGNED BY HONORABLE EDWARD G. SMITH ON 6/12/20. 6/12/20 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
28

Memorandum of Law in Opposition to re 3 First MOTION for Preliminary Injunction First MOTION for Temporary Restraining Order filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (BRIER, DANIEL) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
29

TRANSCRIPT of TELEPHONE CONFERENCE held on 6/3/2020, before Judge EDWARD G SMITH. Court Reporter/Transcriber SUZANNE R. WHITE. 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 7/6/2020. Redacted Transcript Deadline set for 7/16/2020. Release of Transcript Restriction set for 9/14/2020. (sg, ) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
30

Notice of Filing of Official Transcript with Certificate of Service re 29 Transcript - PDF, 6/15/2020 Entered and Copies Emailed. (sg, ) (Main Document 30 replaced on 6/17/2020) (sg, ). (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
31

REPLY to Response to Motion re 3 First MOTION for Preliminary Injunction First MOTION for Temporary Restraining Order filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (HALL, OLIVER) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
32

RESPONSE in Support re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (BRIER, DANIEL) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
33

NOTICE by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (Attachments: # 1 Exhibit Order - Illinois, # 2 Exhibit Order - Maryland)(MILLER, DREW) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
34

ORDER OF 6/22/20 THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE TO DISCUSS LOGISTICS, TODAY, JUNE 22, 2020 AT 3:30PM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/22/20. 6/22/20 ENTERED AND COPIES E-MAILED.(DT) (Main Document 34 replaced on 6/22/2020) (dt, ). (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
35

STIPULATION Joint Stipulated Findings of Fact and Conclusions of Law by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (Attachments: # 1 Exhibit A)(BRIER, DANIEL) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

Clearinghouse
36

Minute Entry for Hearing held on 6/23/20 before HONORABLE EDWARD G. SMITH. Court Reporter: Suzanne White. (DT) Modified on 6/24/2020 (lisad, ). (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

Clearinghouse
37

ORDER OF 6/25/20 THAT AFTER A HEARING ON THE MOTION FOR TEMPORARY RESTRAINING ORDER/PRELIMINARY INJUNCTION ON JUNE 23, 2020, IT IS HEREBY ORDERED AS FOLLOWS: ALL PARTIES SHALL SUBMIT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW BY THURSDAY, JULY 2, 2020; AND THE COURT WILL HOLD A TELEPHONE CONFERENCE TO DISCUSS THE STATUS OF THE CASE ON JULY 7, 2020 AT 11:00AM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/25/20. 6/25/20 ENTERED AND COPIES E-MAILED. (DT (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
38

MOTION for Order for Oral Argument filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF.. (Attachments: # 1 Text of Proposed Order)(BRIER, DANIEL) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
39

NOTICE by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (MILLER, DREW) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
40

ORDER OF 6/29/20 THAT AFTER RECEIVING DEFENDANTS' UNOPPOSED MOTION FOR ORAL ARGUMENT ON THE PENDING MOTIONS (DOC. NO. 38), IT IS HEREBY ORDERED THAT THE MOTION (DOC. NO. 38) IS GRANTED. THE COURT WHILL HOLD ORAL ARGUMENT VIA TELEPHONE ON THE PENDING MOTIONS IN THIS CASE ON JULY 8, 2020 AT 1:30PM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/29/20. 6/29/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER

Set/Reset Deadlines as to 12 First MOTION to Intervene, 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 3 First MOTION for Preliminary Injunction First MOTION for Temporary Restraining Order . MOTION HEARING SET FOR 7/8/2020 01:30 PM BEFORE HONORABLE EDWARD G. SMITH. (dt, ) Modified on 6/30/2020 (lisad, ).

June 29, 2020

June 29, 2020

PACER
41

NOTICE by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (MILLER, DREW) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
42

ORDER OF 7/1/20 THAT AS THE COURT HAS SCHEDULED ORAL ARGUMENT ON THE PENDING MOTIONS FOR WEDNESDAY, JULY 8, 2020, IT IS HEREBY ORDERED THAT THE TELEPHONE CONFERENCE CURRENTLY SCHEDULED FOR TUESDAY, JULY 7, 2020 AT 11:00AM IS CANCELLED. SIGNED BY JUDGE: EDWARD G. SMITH ON 7/1/20. 7/1/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
43

Proposed Findings of Fact and Conclusions of Law by PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: # 1 Certificate of Service)(LEVINE, CLIFFORD) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
44

Proposed Findings of Fact and Conclusions of Law by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. July 2, 2020 (Attachments: # 1 Exhibit A - Declaration of Marc Bozzacco)(HALL, OLIVER) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
45

Proposed Findings of Fact and Conclusions of Law by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (WALSH, DONNA) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
46

NOTICE of Supplemental Authority by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (Attachments: # 1 Exhibit SawariMedia, LLC v. Whitmer)(MILLER, DREW) Modified on 7/7/2020 (tjd). (Entered: 07/04/2020)

July 4, 2020

July 4, 2020

PACER
47

NOTICE by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF of Supplemental Authorities (Attachments: # 1 Exhibit A - Thompson Opinion, # 2 Exhibit B - Whitfield Opinion, # 3 Exhibit C - Common Sense Party Opinion, # 4 Exhibit D - Libertarian Party of CT Opinion)(BRIER, DANIEL) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
48

Proposed Findings of Fact and Conclusions of Law by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. Certificate of Service (Attachments: # 1 Exhibit A - Declaration)(BRIER, DANIEL) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
49

ORDER THAT THE MOTION TO INTERVENE (DOC. NO. 12 ) IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/8/20.7/8/20 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
50

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Motion Hearing held on 7/8/20. This oral argument was held remotely and was recorded. All parties participated using dial-in instructions. Also present on the call was Alex M. Lacey, Esquire, for the Pennsylvania Democratic Party. Re: Plaintiffs Emergency Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 3 ). Re: Motion to Intervene (Doc. 12 ). Re: Defendants Motion to Dismiss (Doc. 23 ). The Court questions counsel. Atty. Hall argues on behalf of the plaintiffs. Atty. Walsh responds on behalf of the defendants. Atty. Levine responds on behalf of the Intervenor. The Court takes the matters under advisement. Court Reporter: ESR. (mas, ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
51

NOTICE by PENNSYLVANIA DEMOCRATIC PARTY of Supplemental Authority (Attachments: # 1 Exhibit, # 2 Certificate of Service)(LEVINE, CLIFFORD) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
52

NOTICE by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (Attachments: # 1 Exhibit Cooper v. Raffensperger)(MILLER, DREW) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
53

Statement in Response to Intervenor's Notice of Supplemental Authority by KEVIN GAUGHEN, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (HALL, OLIVER) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
54

NOTICE by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (Attachments: # 1 Exhibit People Not Politicians)(MILLER, DREW) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
55

TRANSCRIPT of HEARING held on 6/23/2020, before Judge HONORABLE EDWARD G. SMITH. Court Reporter/Transcriber SUZANNE R. WHITE, RPR, FCRR, CM. 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 8/4/2020. Redacted Transcript Deadline set for 8/14/2020. Release of Transcript Restriction set for 10/13/2020. (sg, ) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
56

Notice of Filing of Official Transcript with Certificate of Service re 55 Transcript - PDF,, 7/14/2020 Entered and Copies Emailed. (sg, ) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
57

MEMORANDUM AND/OR OPINION OF 7/14/20. SIGNED BY JUDGE: EDWARD G. SMITH ON 7/14/20. 7/14/20 ENTERED AND COPIES E-MAILED.(DT) (dt, ). (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

Clearinghouse
58

ORDER OF 7/14/20 THAT THE PLAINTIFFS' FIRST MOTION FOR PRELIMINARY INJUNCTION/FIRST MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. NO. 3) IS DENIED. SIGNED BY JUDGE: EDWARD G. SMITH ON 7/14/20. 7/14/20 ENTERED AND COPIES E-MAILED.(DT) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
59

TRANSCRIPT of ORAL ARGUMENT held on 7/8/2020, before Judge EDWARD G. SMITH. Court Reporter/Transcriber NEAL R. GROSS. 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 8/5/2020. Redacted Transcript Deadline set for 8/17/2020. Release of Transcript Restriction set for 10/13/2020. (sg, ) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
60

Notice of Filing of Official Transcript with Certificate of Service re 59 Transcript - PDF, 7/15/2020 Entered and Copies Emailed. (sg, ) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
61

MOTION to Stay filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA.Memorandum. (Attachments: # 1 Exhibit Constitution Party of VA v. VA Board of Elections)(MILLER, DREW) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
62

NOTICE OF APPEAL as to 57 Memorandum and/or Opinion, 58 Order (Memorandum and/or Opinion) by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. Filing fee $ 505. (MILLER, DREW)*SEE DOC. 63 FOR RE-FILED APPEAL* Modified on 7/17/2020 (lisad, ). (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
63

NOTICE OF APPEAL as to 57 Memorandum and/or Opinion, 58 Order (Memorandum and/or Opinion) by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. Filing fee $ 505, receipt number 0313-14427835. Copies to Judge, Clerk USCA, Appeals Clerk. Certificate of Service. (HALL, OLIVER) Modified on 7/17/2020 (lisad, ). (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
64

NOTICE of Docketing Record on Appeal from USCA re 63 Notice of Appeal (Credit Card Payment), filed by STEVE SCHEETZ, JUSTIN MAGILL, KEVIN GAUGHEN, GREEN PARTY OF PENNSYLVANIA, ALAN SMITH, LIBERTARIAN PARTY OF PENNSYLVANIA, THE CONSTITUTION PARTY OF PENNSYLVANIA, TIMOTHY RUNKLE, BOB GOODRICH. USCA Case Number 20-2481 (dmc, ) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
65

RESPONSE in Opposition re 61 MOTION to Stay filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (Attachments: # 1 Exhibit A - Third Circuit Order)(BRIER, DANIEL) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
66

REPLY to Response to Motion re 61 MOTION to Stay filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (HALL, OLIVER) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
67

ORDER of USCA as to 63 Notice of Appeal (Credit Card Payment), filed by STEVE SCHEETZ, JUSTIN MAGILL, KEVIN GAUGHEN, GREEN PARTY OF PENNSYLVANIA, ALAN SMITH, LIBERTARIAN PARTY OF PENNSYLVANIA, THE CONSTITUTION PARTY OF PENNSYLVANIA, TIMOTHY RUNKLE, BOB GOODRICH, ORDERED and ADJUDGED that the order of the District Court entered July 14, 2020 is hereby affirmed and the motion for an injunction pending appeal is denied as moot. Costs shall be taxed against the Appellants. (sg, ) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

Clearinghouse
68

ORDER OF 7/29/20 THAT THE PLAITNIFFS' MOTION TO STAY (DOC. NO. 61) IS DENIED AS MOOT. SIGNED BY JUDGE: EDWARD G. SMITH ON 7/29/20. 7/29/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
69

ORDER OF 7/31/20 THAT THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE ON AUGUST 4, 2020 AT 1:30PM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 7/31/20. 7/31/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
70

ORDER OF 8/4/20 THAT AFTER A TELEPHONE CONFERENCE WITH COUNSEL, IT IS HEREBY ORDERED THAT THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE IN THIS CASE ON MONDAY, AUGUST 10, 2020 AT 2:45PM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 8/4/20. 8/4/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
71

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Telephone Conference held on 8/10/20. (mas, ) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
72

ORDER THAT THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE IN THIS CASE ON MONDAY, AUGUST 17, 2020, AT 2:30 P.M. COUNSEL FOR THE PARTIES SHALL CALL 1-571-353-2300 AND USE PIN 363973916# TO ENTER THE CONFERENCE CALL. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/10/20. 8/11/20 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 08/11/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
73

NOTICE of Voluntary Dismissal by All Plaintiffs (HALL, OLIVER) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
74

ORDER OF 8/14/20 THAT AFTER RECEIVING PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL (DOC. NO. 73), IT IS HEREBY ORDERED AS FOLLOWS: THE TELEPHONE CONFERENCE CURRENTLY SCHEDULED FOR MONDAY, AUGUST 17, 2020, AT 2:30PM IS CANCELLED. THE MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOC. NO. 23) IS DENIED AS MOOT; AND THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY JUDGE: EDWARD G. SMITH ON 8/14/20. 8/14/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
73

NOTICE of Voluntary Dismissal by All Plaintiffs (HALL, OLIVER) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
74

ORDER OF 8/14/20 THAT AFTER RECEIVING PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL (DOC. NO. 73), IT IS HEREBY ORDERED AS FOLLOWS: THE TELEPHONE CONFERENCE CURRENTLY SCHEDULED FOR MONDAY, AUGUST 17, 2020, AT 2:30PM IS CANCELLED. THE MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOC. NO. 23) IS DENIED AS MOOT; AND THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY JUDGE: EDWARD G. SMITH ON 8/14/20. 8/14/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 14, 2020

Closing Date: Aug. 14, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Libertarian Party of Pennsylvania, the Constitution Party of Pennsylvania, the Green Party of Pennsylvania, and six members of these parties

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor, State

Secretary of the Commonwealth, State

Deputy Secretary for Elections and Commissions, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Voting: General & Misc.

Candidate qualifications

Challenges to at-large/multimember district/election