NIEHLS, et al. v. MONTGOMERY COUNTY OFFICE OF PUBLIC HEALTH, et al.
| John Mark Niehls, Elizabeth Weir, Andrew Amrhein, Kate Amrhein and Coventry Christian Schools |
| MONTGOMERY COUNTY BOARD OF HEALTH and Montgomery County Office of Public Health |
| 5:2020cv05855 |
| November 20, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| JEFFREY L SCHMEHL |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 47 NOTICE of Voluntary Dismissal by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir (BRETH, THOMAS) |
Filing 46
ORDER THAT AN ORAL ARGUMENT SHALL BE HELD VIA VIDEO ON DEFENDANTS MOTION TO DISMISS ON JANUARY 15, 2021, AT 10:00 A.M. THE COURT SHALL PROVIDE A LINK FOR THE VIDEO TO ALL PARTIES IN ADVANCE OF THE ARGUMENT. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/22/20. 12/22/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 45 MOTION to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by MONTGOMERY COUNTY BOARD OF HEALTH, Montgomery County Office of Public Health.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order)(MCGARRY, RAYMOND) |
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Filing 44
ORDER PLAINTIFFS #42 MOTION IS GRANTED; THE PARTIES SHALL PRODUCE DOCUMENTS RESPONSIVE TO REQUESTS FOR PRODUCTION, ANSWER WRITTEN INTERROGATORIES AND RESPOND TO REQUESTS FOR ADMISSIONS WITHIN FIFTEEN (15) DAYS OF RECEIPT; THE PARTIES SHALL SCHEDULE ORAL DEPOSITIONS WITHIN FIFTEEN (15) DAYS OF A REQUEST BY OPPOSING COUNSEL FOR SUCH DEPOSITION; THE PARTIES SHALL, IN GOOD FAITH, EXTEND BY AGREEMENT ANY OF THE AFORE MENTIONED TIME PERIODS AS CIRCUMSTANCES MAY REQUIRE; THE PARTIES SHALL WORK COOPERATIVELY TO CONDUCT DISCOVERY; AND THE PARTIES MAY SERVE THIRD-PARTY SUBPOENAS ON INDIVIDUALS AND ENTITLES AS PERMITTED BY THE FEDERAL RULES OF CIVIL PROCEDURE AND MAY REQUIRE THAT DOCUMENTS AND/OR WITNESSES BE PRODUCED WITHIN FIFTEEN (15) DAYS OF RECEIPT OF SUCH SUBPOENA. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/14/20.12/14/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 43 Memorandum of Law in Support of #42 Motion for Expedited Discovery filed by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) Modified on 12/8/2020 (tjd). Modified on 12/8/2020 (tjd). |
| Filing 42 MOTION to Expedite Discovery filed by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir.. (Attachments: #1 Text of Proposed Order Proposed Order)(BRETH, THOMAS) |
| Filing 41 Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHL. Telephone Conference held on 12/3/20. (mas, ) |
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Filing 40
ORDER THAT PLAINTIFFS MOTION FOR RECONSIDERATION (DOCKET NO. #15 ) IS DENIED AS MOOT; PLAINTIFFS MOTION FOR JUDICIAL NOTICE OF FACTS (DOCKET NO. #25 ) IS GRANTED; AND PLAINTIFFS MOTION TO AMEND/CORRECT TEMPORARY RESTRAINING ORDER (DOCKET NO. #39 ) IS DENIED AS MOOT. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/4/20.12/4/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 39 First Amended Motion for Temporary Restraining Order filed by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir..(BRETH, THOMAS) Modified on 12/4/2020 (tjd). |
| Filing 38 RESPONSE in Opposition re #15 MOTION for Reconsideration re #13 Order,, Set Hearings, of the Court's November 25, 2020, Order Denying Plaintiffs' Motion for Temporary Restraining Order filed by MONTGOMERY COUNTY BOARD OF HEALTH, Montgomery County Office of Public Health. (Attachments: #1 Brief, #2 Exhibit A, #3 Declaration of Janet Panning, MS, #4 Text of Proposed Order)(MCGARRY, RAYMOND) |
| Filing 37 Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Settlement Conference held on 12/2/2020. (sg, ) |
| Filing 36 NOTICE re: Cancellation of Hearing THE SETTLEMENT CONFERENCE SCHEDULED FOR DECEMBER 9, 2020 AT 9:30 BEFORE JUDGE TIMOTHY R. RICE IS CANCELLED.(dc) |
| Filing 35 Declaration re #14 Amended Complaint of Ben & Stephanie Nicholson by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 34 Declaration re #14 Amended Complaint of Joseph and Kaitlin Wenger by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 33 Declaration re #14 Amended Complaint of Edward Sotherden by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 32 Declaration re #14 Amended Complaint of Julie Pufko by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 31 Declaration re #14 Amended Complaint of Catherine McCorkle by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 30 Declaration re #14 Amended Complaint of Danielle Mazzone by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 29 Declaration re #14 Amended Complaint of Maria Kett by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 28 Declaration re #14 Amended Complaint of Christa Greco by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 27 Declaration re #14 Amended Complaint of Katharine Forth by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 26 Declaration re #14 Amended Complaint of Mark and Amy Donathan by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 25 First MOTION Judicial Notice of Facts filed by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir.. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F, #7 Text of Proposed Order)(BRETH, THOMAS) |
| Filing 24 Declaration re #14 Amended Complaint of Jenny Sved by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 23 Declaration re #14 Amended Complaint of Yehudit Rudenstein by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 22 Declaration re #14 Amended Complaint of Eve Rosen by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 21 Declaration re #14 Amended Complaint of Jennifer Lorenz by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 20 Declaration re #14 Amended Complaint of Frimi Levi by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 19 Declaration re #14 Amended Complaint of Sara Hirsch by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 18 Declaration re #14 Amended Complaint of Aderet Frager by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 17 Declaration re #14 Amended Complaint of Ann Coffey by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 16 Declaration re #14 Amended Complaint of Talia K. Ben-Jacob by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir. (BRETH, THOMAS) |
| Filing 15 MOTION for Reconsideration re #13 Order,, Set Hearings, of the Court's November 25, 2020, Order Denying Plaintiffs' Motion for Temporary Restraining Order filed by Andrew Amrhein, Kate Amrhein, Coventry Christian Schools, John Mark Niehls, Elizabeth Weir.. (Attachments: #1 Exhibit A, #2 Exhibit B)(BRETH, THOMAS) |
| Filing 14 AMENDED COMPLAINT Seeking Declaratory and Injunctive Relief against All Plaintiffs All Plaintiffs., filed by John Mark Niehls, Kate Amrhein, Andrew Amrhein, Elizabeth Weir, Coventry Christian Schools.(BRETH, THOMAS) |
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Filing 13
ORDER THAT PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER IS DENIED; AND A TELEPHONE STATUS CONFERENCE SHALL BE HELD ON DECEMBER 3, 2020, AT 10:30 A.M. COUNSEL FOR PLAINTIFF SHALL PROVIDE A CONFERENCE NUMBER THAT ALL PARTIES CAN DIAL INTO AT THE TIME OF THE CALL. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 11/25/20. 11/25/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 12 NOTICE of Appearance by CHRISTIAN M. PETRUCCI on behalf of Andrew Amrhein, Kate Amrhein, John Mark Niehls, Elizabeth Weir with Certificate of Service(PETRUCCI, CHRISTIAN) |
| Filing 11 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 12/9/2020 09:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE via Teleconference.(dc) |
| Filing 10 SUMMONS Returned Executed by John Mark Niehls, Kate Amrhein, Andrew Amrhein, Elizabeth Weir re: Shawn Dougherty served Summons and Complaint upon MONTGOMERY COUNTY BOARD OF HEALTH, Montgomery County Office of Public Health by Hand Delivery. MONTGOMERY COUNTY BOARD OF HEALTH served on 11/24/2020, answer due 12/15/2020; Montgomery County Office of Public Health served on 11/24/2020, answer due 12/15/2020. (BRETH, THOMAS) |
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Filing 9
ORDER THAT A TELEPHONE CONFERENCE REGARDING THE MOTION FOR TEMPORARY RESTRAINING ORDER SHALL BE HELD ON WEDNESDAY, NOVEMBER 25, 2020, AT 12:00 P.M. PLAINTIFFS SHALL PROVIDE A CONFERENCE NUMBER FOR ALL PARTIES AND THE COURT TO DIAL INTO AT THE TIME OF THE CALL; AND THIS MATTER IS REFERRED TO THE HONORABLE TIMOTHY R. RICE FOR THE PURPOSES OF SCHEDULING AND CONDUCTING A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 11/24/20. 11/24/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 8 RESPONSE in Opposition re #7 MOTION for Temporary Restraining Order filed by MONTGOMERY COUNTY BOARD OF HEALTH, Montgomery County Office of Public Health. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(MCGARRY, RAYMOND) |
| Filing 6 NOTICE of Appearance by THOMAS W. KING, III on behalf of Andrew Amrhein, Kate Amrhein, John Mark Niehls, Elizabeth Weir (KING, THOMAS) |
| Filing 5 NOTICE of Appearance by JORDAN P. SHUBER on behalf of Andrew Amrhein, Kate Amrhein, John Mark Niehls, Elizabeth Weir (SHUBER, JORDAN) |
| Filing 4 NOTICE of Appearance by JAMI B. NIMEROFF on behalf of MONTGOMERY COUNTY BOARD OF HEALTH, Montgomery County Office of Public Health with Certificate of Service(NIMEROFF, JAMI) |
| Filing 3 NOTICE of Appearance by MARY KAY BROWN on behalf of MONTGOMERY COUNTY BOARD OF HEALTH, Montgomery County Office of Public Health with Certificate of Service(BROWN, MARY) |
| Filing 2 NOTICE of Appearance by RAYMOND MCGARRY on behalf of Montgomery County Office of Public Health, MONTGOMERY COUNTY BOARD OF HEALTH with Certificate of Service(MCGARRY, RAYMOND) |
| Summons Issued as to MONTGOMERY COUNTY BOARD OF HEALTH, Montgomery County Office of Public Health. E-MAILED To: COUNSEL on 11/23/2020 (bw, ) |
| Filing 7 MOTION FOR TEMPORARY RESTRAINING ORDER FILED BY Andrew Amrhein, Kate Amrhein, John Mark Niehls, Elizabeth Weir. BRIEF. (Attachments: #1 Brief, #2 Proposed Order)(tjd) |
| Filing 1 COMPLAINT Seeking Declaratory Judgment and Injunctive Relief against Montgomery County Office of Public Health, MONTGOMERY COUNTY BOARD OF HEALTH, ( Filing fee $ 400 receipt number 0313-14730177.), filed by John Mark Niehls, Kate Amrhein, Andrew Amrhein, Elizabeth Weir. (Attachments: #1 Exhibit Motion, #2 Brief, #3 Text of Proposed Order, #4 Summons, #5 Summons, #6 Civil Cover Sheet)(BRETH, THOMAS) Modified on 11/23/2020 (tjd). (Additional attachment(s) added on 11/23/2020: #7 Designation Form) (tjd, ). |
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