MARSHALL et al v. CLARKE et al
| SIMON CAMPBELL, ROBERT ABRAMS, TIMOTHY DALY and DOUGLAS MARSHALL |
| SOLICITOR MICHAEL P. CLARKE, PENNSBURY SCHOOL DISTRICT, CHERRISSA GIBSON, CHRISTINE TOY-DRAGONI, JOSHUA WALDORF, SHERWOOD (CHIP) TAYLOR, HOWARD GOLDBERG, T.R. KANNAN, MICHAEL PALLOTTA, LINDA PALSKY, GARY SANDERSON, DEBRA WACHSPRESS, ANN LANGTRY and ASSISTANT SOLICITOR PETER C AMUSO |
| Free to Learn Coalition and HAROLD P. KUPERMIT |
| DOUGLAS M. MARSHALL |
| 2:2021cv04336 |
| October 1, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| GENE EK PRATTER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on April 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 55 RESPONSE in Opposition re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Complaint filed by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL. (Attachments: #1 Text of Proposed Order)(GURA, ALAN) |
| Filing 54 Proof of Service (Certified Mail) (mbh, ) |
Filing 53
ORDER RE: PLAINTIFFS' MOTION FOR PRELIMINARY INJUCTION #4 IS GRANTED. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 11/17/2021. 11/17/2021 ENTERED AND COPIES E-MAILED.(sfl, )
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| Filing 52 MEMORANDUM AND/OR OPINION RE: PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION #4 . SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 11/17/2021. 11/17/2021 ENTERED AND COPIES E-MAILED.(sfl, ) |
| Filing 51 MOTION TO INTERVENE FILED BY HAROLD P. KUPERMIT, CERTIFICATE OF SERVICE.(mbh, ) |
| Filing 50 MOTION for Leave to File a Brief as Amicus Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction filed by Free to Learn Coalition.. (Attachments: #1 Exhibit Brief of Amicus Curiae Free to Learn Coalition in Support of Plaintiffs' Motion for a Preliminary Injunction, #2 Text of Proposed Order Order)(GALLAGHER, KATHLEEN) |
| Filing 49 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Motion Hearing held on 11/12/21 re #4 MOTION for Preliminary Injunction filed by DOUGLAS MARSHALL, TIMOTHY DALY, SIMON CAMPBELL, ROBERT ABRAMS COURT REPORTER KATHLEEN FELDMAN (JL ) |
| Filing 48 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTERin Courtroom 10B Motion Hearing held on 11/8/21 re #4 MOTION for Preliminary Injunction (to reconvene on 11/12/21) Court Reporter: Kathleen Feldman. (mbh, ) |
| Filing 47 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER IN PERSON Conference held on 10/26/21. (JL ) |
| Filing 46 NOTICE of Hearing on Motion #4 MOTION for Preliminary Injunction : THE MOTION HEARING IS SET FOR 11/12/2021 AT 10:00 AM IN Courtroom 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, ) |
| Filing 45 Exhibits C, D and E to Defendants' Response in Opposition to Plaintiffs' Motion for Preliminary Injunction.(mbh, ) |
| Filing 44 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction filed by PETER C AMUSO, MICHAEL P. CLARKE, CHERRISSA GIBSON, HOWARD GOLDBERG, T.R. KANNAN, ANN LANGTRY, MICHAEL PALLOTTA, LINDA PALSKY, PENNSBURY SCHOOL DISTRICT, GARY SANDERSON, SHERWOOD (CHIP) TAYLOR, CHRISTINE TOY-DRAGONI, DEBRA WACHSPRESS, JOSHUA WALDORF. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 1, "A", #4 Exhibit 2, #5 Exhibit 2, "A", #6 Exhibit 2, "B", #7 Exhibit 2, "C", #8 Exhibit 2, "D", #9 Exhibit 2, "E")(DADAMO, GARY) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Complaint filed by PETER C AMUSO, MICHAEL P. CLARKE, CHERRISSA GIBSON, HOWARD GOLDBERG, T.R. KANNAN, ANN LANGTRY, MICHAEL PALLOTTA, LINDA PALSKY, PENNSBURY SCHOOL DISTRICT, GARY SANDERSON, SHERWOOD (CHIP) TAYLOR, CHRISTINE TOY-DRAGONI, DEBRA WACHSPRESS, JOSHUA WALDORF.Brief, Certificate of Service. (Attachments: #1 Brief, #2 Text of Proposed Order)(DADAMO, GARY) |
| Filing 42 NOTICE RESCHEDULING Hearing: STATUS CONFERENCE SET FOR 10/28/2021 AT 4:00 PM IN Chambers BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, ) |
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Filing 41
ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF MARTHA ASTOR, ESQUIRE IS GRANTED AND MARTHA ASTOR, ESQUIRE IS ADMITTED IN THIS CASE PRO HAC VICE FOR PLAINTIFFS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/18/21.10/19/21 ENTERED AND COPIES E-MAILED.(mbh, ) (mbh, )
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Filing 40
ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF ALAN GURA, ESQUIRE IS GRANTED AND ALAN GURA, ESQUIRE IS ADMITTED IN THIS CASE PRO HAC VICE FOR PLAINTIFFS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/18/21.10/19/21 ENTERED AND COPIES E-MAILED.(mbh, ) (mbh, )
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Filing 39
ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF ENDEL KOLDE, ESQUIRE IS GRANTED AND ENDEL KOLDE, ESQUIRE IS ADMITTED IN THIS CASE PRO HAC VICE FOR PLAINTIFFS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/18/21.10/19/21 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 38 NOTICE of Appearance by GARY H. DADAMO on behalf of PETER C AMUSO, MICHAEL P. CLARKE, CHERRISSA GIBSON, HOWARD GOLDBERG, T.R. KANNAN, ANN LANGTRY, MICHAEL PALLOTTA, LINDA PALSKY, PENNSBURY SCHOOL DISTRICT, GARY SANDERSON, SHERWOOD (CHIP) TAYLOR, CHRISTINE TOY-DRAGONI, DEBRA WACHSPRESS, JOSHUA WALDORF with Certificate of Service(DADAMO, GARY) |
| Filing 37 NOTICE RESCHEDULING Hearing: A STATUS CONFERENCE IS SET FOR 10/26/2021 AT 2:30 PM IN Chambers BEFORE HONORABLE GENE E.K. PRATTER.(sfl, ) |
| Filing 36 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Michael Clarke (GOTTLIEB, MICHAEL) |
| Filing 35 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kevin M. Mills served Summons and Complaint upon MICHAEL P. CLARKE by Personal Service. MICHAEL P. CLARKE served on 10/15/2021, answer due 11/5/2021. (GOTTLIEB, MICHAEL) |
| Filing 34 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Joshua Waldorf (GOTTLIEB, MICHAEL) |
| Filing 33 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Howard Goldberg (GOTTLIEB, MICHAEL) |
| Filing 32 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Linda Palsky (GOTTLIEB, MICHAEL) |
| Filing 31 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Sherwood(Chip)Taylor (GOTTLIEB, MICHAEL) |
| Filing 30 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to T.R. Kannan (GOTTLIEB, MICHAEL) |
| Filing 29 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Gary Sanderson (GOTTLIEB, MICHAEL) |
| Filing 28 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Debra Wachspress (GOTTLIEB, MICHAEL) |
| Filing 27 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Cherrissa Gibson (GOTTLIEB, MICHAEL) |
| Filing 26 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Christine Toy-Dragoni (GOTTLIEB, MICHAEL) |
| Filing 25 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice Peter C. Amuso (GOTTLIEB, MICHAEL) |
| Filing 24 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Michael Pallotta (GOTTLIEB, MICHAEL) |
| Filing 23 CERTIFICATE OF SERVICE by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL re #4 MOTION for Preliminary Injunction , #3 MOTION for Pro Hac Vice to Pennsbury School District (GOTTLIEB, MICHAEL) |
| Filing 22 Summons Returned Unexecuted by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS as to ANN LANGTRY. (GOTTLIEB, MICHAEL) |
| Filing 21 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon JOSHUA WALDORF by Personal Service. JOSHUA WALDORF served on 10/9/2021, answer due 11/1/2021. (GOTTLIEB, MICHAEL) |
| Filing 20 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon HOWARD GOLDBERG by Personal Service. HOWARD GOLDBERG served on 10/9/2021, answer due 11/1/2021. (GOTTLIEB, MICHAEL) |
| Filing 19 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon LINDA PALSKY by Personal Service. LINDA PALSKY served on 10/13/2021, answer due 11/3/2021. (GOTTLIEB, MICHAEL) |
| Filing 18 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon SHERWOOD (CHIP) TAYLOR by Personal Service. SHERWOOD (CHIP) TAYLOR served on 10/9/2021, answer due 11/1/2021. (GOTTLIEB, MICHAEL) |
| Filing 17 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon T.R. KANNAN by Personal Service. T.R. KANNAN served on 10/9/2021, answer due 11/1/2021. (GOTTLIEB, MICHAEL) |
| Filing 16 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon GARY SANDERSON by Personal Service. GARY SANDERSON served on 10/11/2021, answer due 11/1/2021. (GOTTLIEB, MICHAEL) |
| Filing 15 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon DEBRA WACHSPRESS by Personal Service. DEBRA WACHSPRESS served on 10/13/2021, answer due 11/3/2021. (GOTTLIEB, MICHAEL) |
| Filing 14 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon CHERRISSA GIBSON by Personal Service. CHERRISSA GIBSON served on 10/9/2021, answer due 11/1/2021. (GOTTLIEB, MICHAEL) |
| Filing 13 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon CHRISTINE TOY-DRAGONI by Personal Service. CHRISTINE TOY-DRAGONI served on 10/11/2021, answer due 11/1/2021. (GOTTLIEB, MICHAEL) |
| Filing 12 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon PETER C AMUSO by Personal Service. PETER C AMUSO served on 10/14/2021, answer due 11/4/2021. (GOTTLIEB, MICHAEL) |
| Filing 11 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon PENNSBURY SCHOOL DISTRICT by Personal Service. PENNSBURY SCHOOL DISTRICT served on 10/12/2021, answer due 11/2/2021. (GOTTLIEB, MICHAEL) |
| Filing 10 SUMMONS Returned Executed by TIMOTHY DALY, DOUGLAS MARSHALL, SIMON CAMPBELL, ROBERT ABRAMS re: Kim Raini, LPI, CCDI served Summons and Complaint upon MICHAEL PALLOTTA by Personal Service. MICHAEL PALLOTTA served on 10/14/2021, answer due 11/4/2021. (GOTTLIEB, MICHAEL) |
| Filing fee: $ 120, receipt number PPE232975 (sbt, ) |
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Filing 9
ORDER SETTING HEARING ON MOTION #4 MOTION for Preliminary Injunction : MOTION HEARING SET FOR 11/8/2021 AT 2:00 PM IN Courtroom 10B BEFORE THE HONORABLE GENE E.K. PRATTER.. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 10/13/2021. 10/13/2021 ENTERED AND COPIES E-MAILED.(sfl, )
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| Filing 8 NOTICE of Hearing: STATUS CONFERENCE SET FOR 10/19/2021 09:30 AM IN Judge's Chambers BEFORE HONORABLE GENE E.K. PRATTER.(sfl, ) |
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Filing 7
ORDER RE: MS. ASTOR SHALL HAVE UNTIL OCTOBER 15, 2021 TO REMIT THE $40 FILING FEE TO THE CLERK OF COURT OR THE COURT WILL DENY THE MOTION. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 10/12/2021. 10/12/2021 ENTERED AND COPIES E-MAILED.(sfl, )
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Filing 6
ORDER RE: MR. KOLDE SHALL HAVE UNTIL OCTOBER 15, 2021 TO REMIT THE $40 FILING FEE TO THE CLERK OF COURT OR THE COURT WILL DENY THE MOTION. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 10/12/2021. 10/12/2021 ENTERED AND COPIES E-MAILED.(sfl, )
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Filing 5
ORDER RE MR. GURA SHALL HAVE UNTIL OCTOBER 15, 2021 TO REMIT THE $40 FILING FEE TO THE CLERK OF COURT OR THE COURT WILL DENY THE MOTION.. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 10/12/2021. 10/12/2021 ENTERED AND COPIES E-MAILED.(sfl, )
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| Filing 4 MOTION for Preliminary Injunction filed by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL.Brief and Certificate of Service. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Brief Plaintiffs' Brief in Support of Motion for Preliminary Injunction, #3 Declaration Declaration of Douglas Marshall, #4 Declaration Declaration of Robert Abrams, #5 Declaration Declaration of Tim Daly, #6 Declaration Declaration of Simon Campbell, #7 Exhibit Policy 903, #8 Exhibit Email dated 3/31/2021, #9 Exhibit Policy 922, #10 Exhibit Abrams written comment submission, #11 Exhibit T.R. Kannan email exchange, #12 Exhibit 2020-03-12 Special Board Meeting Minutes, #13 Exhibit Rejection of Daly 1-21-21, #14 Exhibit Rejection of Abrams 1-21-21, #15 Exhibit Rejection of Abrams 3-4-21, #16 Exhibit Gibson emails, #17 Exhibit 3-31-21 Statement of Toy-Dragoni, #18 Exhibit 2021-05-20 Board Action Meeting Minutes, #19 Exhibit Proposed Policy 903 Under Consideration 6-17-21, #20 Exhibit 12-17-21 Daly Submitted Comments, #21 Certificate of Service Certificate of Service)(GOTTLIEB, MICHAEL) |
| Filing 3 MOTION for Pro Hac Vice filed by ROBERT ABRAMS, SIMON CAMPBELL, TIMOTHY DALY, DOUGLAS MARSHALL.. (Attachments: #1 Declaration Declaration of Alan Gura, #2 Declaration Declaration of Endel Kolde, #3 Declaration Declaration of Martha Astor)(GOTTLIEB, MICHAEL) |
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Filing 2
ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE TIMOTHY J. SAVAGE TO THE CALENDAR OF THE HONORABLE GENE E.K. PRATTER. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 10/6/21. 10/6/21 ENTERED AND COPIES E-MAILED.(mbh, )
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| Summons Issued as to PETER C AMUSO, MICHAEL P. CLARKE, CHERRISSA GIBSON, HOWARD GOLDBERG, T.R. KANNAN, ANN LANGTRY, MICHAEL PALLOTTA, LINDA PALSKY, PENNSBURY SCHOOL DISTRICT, GARY SANDERSON, SHERWOOD (CHIP) TAYLOR, CHRISTINE TOY-DRAGONI, DEBRA WACHSPRESS, JOSHUA WALDORF. E-MAILED To: COUNSEL on 10/5/21 (bw, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number APAEDC-15449243.), filed by DOUGLAS M. MARSHALL. (Attachments: #1 Civil Cover Sheet CIVIL COVER SHEET, #2 Designation Form DESIGNATION FORM)(GOTTLIEB, MICHAEL) |
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