Theresa Victory, et al v. County of Berks, et al
| ANABELL DEALBA, AND ALL OTHERS SIMILARLY SITUATED |
| SPOTTS, BROWN, ZERR and REICHART |
| ALICE VELAZQUEZ DIAZ and THERESA VICTORY |
| DEPUTY WARDEN STEPHANIE SMITH, WARDEN JANINE QUIGLEY, KEVIN S. BARNHARDT, CHRISTIAN Y. LEINBACH, COUNTY OF BERKS and MARK C. SCOTT |
| 19-3060 |
| September 6, 2019 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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ORDER (HARDIMAN, GREENAWAY JR. and BIBAS, Circuit Judges) By order entered October 15, 2019, the Court listed this appeal for possible summary action in light of the Court's opinion and judgment entered on October 11, 2019 in Victory et al. v. County of Berks et al., Appeal Nos. 19-1329, 19-2193, 19-2648, and 19-2695, and directed the parties to respond. Upon consideration of the Court opinion in Victory and the response from the parties, it is hereby ORDERED that the District Court's order entered on August 8, 2019 is hereby vacated. As the parties are in agreement, the Clerk is directed to issue a certified copy of this order in lieu of a formal mandate forthwith, filed. Panel ID: ECO-047 Judge: HARDIMAN Authoring (CJG) [Entered: 10/24/2019 02:03 PM]
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| MANDATE ISSUED, filed. (CJG) [Entered: 10/24/2019 02:07 PM] |
| ECF FILER: Response filed by Appellees Alice Velazquez Diaz and Theresa Victory to court order. Certificate of Service dated 10/18/2019. [19-3060] (MAF) [Entered: 10/18/2019 02:02 PM] |
| ECF FILER: Response filed by Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith to court order. Certificate of Service dated 10/16/2019. [19-3060] (MJC) [Entered: 10/16/2019 07:03 PM] |
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ORDER (HARDIMAN, GREENAWAY JR. and BIBAS, Circuit Judges) The foregoing Motion to Withdraw the Amended Motion to Stay Appeal and to Expedite Review of Appeal Docket No. 19-3060 is Granted in Part and Denied in Part as follows. The Motion to Withdraw Amended Motion to Stay Appeal is Granted. It is further Ordered that the Motion to Expedite is Denied without Prejudice. Finally, it is ordered that Appeal No. 19-3060 is listed for possible summary action. The parties are directed to file a response of no more than three (3) pages no later than three (3) days after the date of this order as to why, in light of the Courts opinion and judgment entered on October 11, 2019 in Victory et al. v. Berk County et al., Appeal Nos. 19-1329, 19-2193, 19-2648, and 19-2695, this Court should not summarily vacate the District Courts order entered on August 8, 2019. Once the parties responses are filed, they shall be submitted to this panel for disposition. Panel No. ECO-047. Hardiman, Authoring Judge. (LMR) [Entered: 10/15/2019 11:12 AM]
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| ECF FILER: Response filed by Appellees Theresa Victory and Alice Velazquez Diaz to motion for stay. Certificate of Service dated 10/11/2019. [19-3060]--[Edited 10/24/2019 by LML] (MAF) [Entered: 10/11/2019 05:03 PM] |
| ECF FILER: RESPONSE in Non-Opposition from Attorney Matthew A. Feldman, Esq. for Not Party Anabell Dealba and Appellees Alice Velazquez Diaz and Theresa Victory Letter regarding Appellants' Motion to Expedite. Certificate of Service dated 09/25/2019. Service made by ECF. [19-3060]--[Edited 09/26/2019 by SLC] (MAF) [Entered: 09/25/2019 04:30 PM] |
| ECF FILER: Concise Summary of the Case filed by Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith, received. [19-3060] (MJC) [Entered: 09/20/2019 12:14 PM] |
| ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith advising this court that transcripts are already on file in the District Court. [19-3060] (MJC) [Entered: 09/20/2019 12:15 PM] |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith, filed. [19-3060] (MJC) [Entered: 09/20/2019 12:13 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Laurie Fiore on behalf of Appellant(s) The County of Berks, Commissioners Kevin S. Barnhardt, Christian Y. Leinbach, and Mark C. Scott, Esquire, Warden Janine Quigley, and Deputy Warden Stephanie Smith. [19-3060] (LAF) [Entered: 09/19/2019 02:13 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Matthew J. Connell on behalf of Appellant(s) The County of Berks, Commissioners Kevin S. Barnhardt, Christian Y. Leinbach, and Mark C. Scott, Esquire, Warden Janine Quigley, and Deputy Warden Stephanie Smith. [19-3060] (MJC) [Entered: 09/19/2019 01:43 PM] |
| ECF FILER: Motion filed by Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith for withdrawal of Amended Motion for Stay of the Appeal of the Order Dated August 7, 2019 of the United States District Court for the Eastern District of Pennsylvania and Motion for Expedited Review of Appeal. Certificate of Service dated 09/19/2019. Service made by ECF. [19-3060]--[Edited 09/26/2019 by SLC] (MJC) [Entered: 09/19/2019 01:50 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Samantha A. Ryan on behalf of Appellant(s) The County of Berks, Commissioners Kevin S. Barnhardt, Christian Y. Leinbach, and Mark C. Scott, Esquire, Warden Janine Quigley, and Deputy Warden Stephanie Smith. [19-3060] (SR) [Entered: 09/19/2019 02:12 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Matthew A Feldman on behalf of Appellee(s) Theresa Victory, Alice Velazquez-Diaz, all others similarly situated. [19-3060] (MAF) [Entered: 09/17/2019 04:55 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Su Ming Yeh on behalf of Appellee(s) Theresa Victory, Alice Velazquez-Diaz, and all others similarly situated. [19-3060] (SY) [Entered: 09/17/2019 05:05 PM] |
| RECORD available on District Court CM/ECF. (JK) [Entered: 09/06/2019 03:01 PM] |
| ECF FILER: Motion filed by Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith to stay Stay of the Appeal. Certificate of Service dated 09/06/2019. Service made by ECF. [19-3060] (MJC) [Entered: 09/06/2019 03:22 PM] |
| ECF FILER: AMENDED Motion filed by Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith to stay Stay of Appeal. Certificate of Service dated 09/06/2019. Service made by ECF. [19-3060] (MJC) [Entered: 09/06/2019 04:59 PM] |
| CIVIL CASE DOCKETED. Notice filed by Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith in District Court No. 5-18-cv-05170. (JK) [Entered: 09/06/2019 02:57 PM] |
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