MIGLIORI et al v. LEHIGH COUNTY BOARD OF ELECTIONS
| Ms. LINDA MIGLIORI, FRANCIS J. FOX, RICHARD E RICHARDS, KENNETH RINGER and SERGIO RIVAS |
| LEHIGH COUNTY BOARD OF ELECTIONS |
| Zac Cohen |
| DAVID RITTER |
| BRYAN CUTLER, Kerry Benninghoff, SENATOR JAKE CORMAN, KIM WARD and COMMONWEALTH OF PENNSYLVANIA |
| 5:2022cv00397 |
| January 31, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| JOSEPH F LEESON |
| Civil Rights: Voting |
| 42 U.S.C. § 1971 Voting Rights Law |
| None |
Docket Report
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This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 58 AMENDED NOTICE OF APPEAL by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS. Amendment to #51 Notice of Appeal. (**FILING FEE NOT PAID**). . (LONEY, STEPHEN) Modified on 3/22/2022 (ke). |
| NOTICE OF APPEAL by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS. Filing fee NOT PAID. Copies to Judge, Clerk USCA, Appeals Clerk. (**SEE PDF AT DOC. #58**). (ke) |
| Filing 57 Certified Copy of Order THAT APPELLANTS MOTION FOR INJUNCTIVE RELIEF IS HEREBY GRANTED ON A TEMPORARY BASIS IN ORDER TO ALLOW TIME FOR A FULL PANEL OF THIS COURT TO CONSIDER THE MOTION AND RESPONSES IN OPPOSITION. APPELLEE SHALL NOT CERTIFY THE ELECTION RESULTS (SCHEDULED TO OCCUR ON 3/21/22) PENDING FURTHER ORDER OF THIS COURT. THE CLERK WILL REFER THIS MATTER TO A THREE JUDGE PANEL ON AN EXPEDITED BASIS; ETC. (JL) |
Filing 56
ORDER OF 3/18/22 THAT UPON CONSIDERATION OF PLAINTIFF'S EMERGENCY MOTION FOR PRELIMINARY INJUNCTION PENDING APPEAL, ECF NO. 52, THE EXHIBITS, THERETO, ECF NO. 54 AND FOR THE REASONS SET FORTH IN THE COURT'S OPINION ISSUED THIS DATE, IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION FOR EMERGENCY INJUNCTION, ECF NO. 52 IS DENIED. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 3/18/22. 3/18/22 ENTERED AND COPIES E-MAILED. (DT)
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| Filing 55 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/18/22. 3/18/22 ENTERED AND COPIES E-MAILED.(dt) |
| Filing 54 EXHIBIT A to Emergency Motion for Injunction Pending Appeal by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS.. (LONEY, STEPHEN) |
| Filing 53 NOTICE of Docketing Record on Appeal from USCA re #51 Notice of Appeal (Credit Card Payment) filed by RICHARD E RICHARDS, LINDA MIGLIORI, SERGIO RIVAS. USCA Case Number 22-1499 (JL) |
| Filing 52 Emergency MOTION for Preliminary Injunction Pending Appeal filed by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS.Brief. (Attachments: #1 Brief Brief ISO of Motion for Injunction Pending Appeal, #2 Certificate of Service Certificate of Non-concurrence, #3 Text of Proposed Order Proposed Order)(WALCZAK, WITOLD) |
| Filing 51 NOTICE OF APPEAL by LINDA MIGLIORI, RICHARD E RICHARDS, SERGIO RIVAS. Filing fee $ 505, receipt number APAEDC-15797384. Copies to Judge, Clerk USCA, Appeals Clerk and (LONEY, STEPHEN) |
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Filing 50
ORDER OF 3/16/22 THAT FOR THE REASONS SET FORTH IN THE COURT'S OPINION ISSUED THIS DATE, IT IS HEREBY ORDERED THAT: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, ECF NO. 33, IS DENIED. DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT ECF NOS. 32 AND 34 ARE GRANTED. JUDGMENT IS ENTERED IN DEFENDANTS' FAVOR AND AGAINST PLAINTIFFS ON ALL REMAINING COUNTS. THE MATTER IS CLOSED. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 3/16/22. 3/16/22 ENTERED AND COPIES E-MAILED. (DT)
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| Filing 49 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/16/22. 3/16/22 ENTERED AND COPIES E-MAILED.(dt) |
| Filing 48 REPLY to Response to Motion re #33 MOTION for Summary Judgment filed by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS. (LONEY, STEPHEN) |
| Filing 47 REPLY to Response to Motion re #34 MOTION for Summary Judgment filed by DAVID RITTER. (VOSS, JOSHUA) |
| Filing 46 NOTICE re: Cancellation of Hearing. Oral Argument set for March 2, 2022 at 9:00am is cancelled.(dt) |
| Filing 45 RESPONSE in Support re #33 MOTION for Summary Judgment in favor of Plaintiffs filed by Zac Cohen. (BONIN, ADAM) |
| Filing 44 RESPONSE in Opposition re #32 MOTION for Summary Judgment , #34 MOTION for Summary Judgment filed by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS. (Attachments: #1 Appendix 1, #2 Text of Proposed Order)(LONEY, STEPHEN) |
| Filing 43 RESPONSE to Motion re #33 MOTION for Summary Judgment filed by DAVID RITTER. (Attachments: #1 Exhibit 1)(VOSS, JOSHUA) |
| Filing 42 NOTICE of Hearing on Motion THAT Argument on the Cross-Motions for Summary Judgment has been scheduled before Judge Joseph F. Leeson, Jr. in the above-captioned case. Argument will be held in person at the Edward N. Cahn U.S. Courthouse and Federal Building1, Courtroom C, Third Floor, 504 West Hamilton Street, Allentown, Pennsylvania 18101 on Wednesday, March 2, 2022, at 9:00 a.m. Counsel are advised of the following:1. Each party, intervenor, or amicus who wishes to make an oral argument will be allotted ten (10) minutes to do so.2. On or before Thursday, February 24, 2022, counsel for all parties, intervenors, and amicus shall ADVISE this Court of whether they intend to present any oral argument on March 2, 2022. This advisement may be made in the form of an email to Chambers.3. Any party, intervenor, or amicus may elect to rest and rely upon any brief filed and waive oral argument. This may be done in the form of an email to Chambers. (mas) |
| Filing 41 NOTICE of Appearance by SHOHIN HADIZADEH VANCE on behalf of DAVID RITTER (VANCE, SHOHIN) |
| Filing 40 Amicus Brief of The Commonwealth of Pennsylvania in Support of Plaintiffs' Motion for Summary Judgment. (DT) |
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Filing 39
ORDER OF 2/18/22 THAT THE COMMONWEALTH OF PENNSYLVANIA'S MOTION FOR LEAVE TO FILE A BRIEF AS AMICUS CURIAE IS GRANTED. THE CLERK OF COURT IS DIRECTED TO CAUSE THE BRIEF ATTACHED AS AN EXHIBIT TO THE MOTION TO BE FILED AND ENTERED ON THE DOCKET. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 2/18/22. 2/18/22 ENTERED AND COPIES E-MAILED. (DT)
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| Filing 38 Consent MOTION to File Amicus Brief filed by COMMONWEALTH OF PENNSYLVANIA.. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(FISCHER, MICHAEL) |
| Filing 37 Amicus Brief In Support of Defendants' Motions for Summary Judgment filed by Kerry Benninghoff, JAKE CORMAN, BRYAN CUTLER, KIM WARD. (dt) |
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Filing 36
ORDER OF 2/17/22 THAT UPON CONSIDERATION OF THE MOTION OF SPEAKER OF THE PENNSYLVANIA HOUSE OF REPRESENTATIVES, BRYAN CUTLER, MAJORITY LEADER OF THE PENNSYLVANIA HOUSE OF REPRESENTATIVES, KERRY BENNINGHOFF, PRESIDENT PRO TEMPORE OF THE PENNSYLVANIA SENATE, JAKE CORMAN, AND MAJORITY LEADER OF THE PENNSYLVANIA SENATE, KIM WARD, AMICI CURIAE, FOR LEAVE TO FILE A BRIEF AS AMICI CURIAE, AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED, THE CLERK OF COURT IS DIRECTED TO CAUSE THE BRIEF ATTACHED TO THE MOTION AS ATTACHMENT 1 TO BE FILED AND ENTERED ON THE DOCKET IN THE ABOVE-CAPTIONED MATTER. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 2/17/22. 2/17/22 ENTERED AND COPIES E-MAILED. (DT)
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| Filing 35 MOTION to File Amicus Brief In Support of Defendants' Motions for Summary Judgment filed by BRYAN CUTLER, Kerry Benninghoff, JAKE CORMAN, KIM WARD.. (Attachments: #1 Brief Proposed Amicus Brief, #2 Text of Proposed Order)(Wallen, Zachary) |
| Filing 34 MOTION for Summary Judgment filed by DAVID RITTER.Brief, Certificate of Service. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(VOSS, JOSHUA) |
| Filing 33 MOTION for Summary Judgment filed by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS.Memorandum of Law, Certificate of Service, Certificate of Non-Concurrence. (Attachments: #1 Brief, #2 Appendix 1, #3 Certificate of Non-Concurrence, #4 Text of Proposed Order)(LONEY, STEPHEN) |
| Filing 32 MOTION for Summary Judgment filed by LEHIGH COUNTY BOARD OF ELECTIONS.Brief, Certificate of Service. (Attachments: #1 Certificate of Non-Concurrence)(REPKA, LUCAS) |
| Filing 31 ANSWER to Complaint for Declaratory and Emergency Injunctive Relief by LEHIGH COUNTY BOARD OF ELECTIONS.(REPKA, LUCAS) |
| Filing 30 Intervenor Zac Cohen's Joinder in Plaintff's Complaint. (DT) |
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Filing 29
ORDER OF 2/11/22 THAT UPON CONSIDERATION OF ZAC COHEN'S MOTION TO INTERVENE, ECF 28, IT IS HEREBY ORDERED THAT: COHEN'S MOTION, IS GRANTED. THE CLERK OF COURT IS DIRECTED TO AMEND THE CASE CAPTION TO INCLUDE ZAC COHEN AS AN INTERVENOR PLAINTFF. THE CLERKOF COURT IS DIRCTD TO FILE EXHIBIT A TO COHEN'S MOTION AS A SUPPLEMENTAL PLEADING. ALL DEADLINES SET FORTH IN THE ORDER OF THIS COURT ENTERED ON FEBRUARY 8, 2022, ECF NO. 24, CONTINUE TO APPLY TO ALL PARTIES, INCLUDING INTERVENOR PLAINTIFF ZACK COHEN. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 2/11/22. 2/11/22 ENTERED AND COPIES E-MAILED. (DT)
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| Filing 28 MOTION to Intervene filed by Zac Cohen.Brief, Certificate of Counsel. (Attachments: #1 Brief, #2 Exhibit Proposed Pleading, #3 Text of Proposed Order)(BONIN, ADAM) |
| Filing 27 STIPULATION Joint Stipulation of Facts by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(LONEY, STEPHEN) |
| Filing 26 STIPULATION of Partial Dismissal as to Count III Only by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS. (LONEY, STEPHEN) |
| Filing 25 NOTICE of Appearance by Connor Pearse Hayes on behalf of FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS (Hayes, Connor) |
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Filing 24
ORDER OF 2/8/22 THAT DEFENDANT LEHIGH COUNTY BOARD OF ELECTIONS SHALL FILE AN ANSWER TO THE COMPLAINT ON OR BEFORE FEBRUARY 11, 2022; PLAINTFF'S, DEFENDANT DAVID RITTER AND LEHIGH COUNTY BOARD OF ELECTIONS SHALL EACH FILE SIMULTANEOUS MOTIONS FOR SUMMARY JUDGMENT, BRIEFS IN SUPPORT THERETO, ON OR BEFORE FEBRUARY 11, 2022; ETC. THE PARTIES SHALL FILE RESPONSIVE BRIEFS TO THE MOTION FOR SUMMARY JUDGMENT ON OR BEFORE FEBRUARY 22, 2022; ETC. THE COURT WILL CONDUCT ORAL ARGUMENT ON MOTIONS FOR SUMMARY JUDGMENT ON MARCH 2, 2022 AT 9:00AM. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 2/8/22. 2/8/22 ENTERED AND COPIES MAILED AND E-MAILED.(dt)
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| Filing 23 STIPULATION by DAVID RITTER. (VOSS, JOSHUA) |
| Filing 22 NOTICE of Appearance by STEPHEN A. LONEY, JR on behalf of FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS (LONEY, STEPHEN) |
| Filing 21 NOTICE of Appearance by JAMES G. GORMAN III on behalf of DAVID RITTER (GORMAN III, JAMES) |
| Filing 19 WAIVER OF SERVICE Returned Executed by KENNETH RINGER, LINDA MIGLIORI, RICHARD E RICHARDS, FRANCIS J. FOX, SERGIO RIVAS. LEHIGH COUNTY BOARD OF ELECTIONS waiver sent on 1/31/2022, answer due 4/1/2022. (WALCZAK, WITOLD) |
| Filing 20 DAVID RITTERS ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES filed by DAVID RITTER. (mas, ) |
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Filing 18
ORDER THAT RITTERS #14 MOTION IS GRANTED; AND IT IS FURTHER ORDERED THAT RITTER IS HEREBY GRANTED INTERVENOR STATUS AS A DEFENDANT IN THIS CASE; AND IT IS FURTHER ORDERED THAT THE ANSWER ATTACHED AS EXHIBIT A TO THE MOTION SHALL BE DEEMED FILED AS A RESPONSIVE PLEADING IN THIS MATTER. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/2/22.2/2/22 ENTERED AND COPIES E-MAILED.(mas)
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| Filing 17 NOTICE of Appearance by FRANCIS G. NOTARIANNI on behalf of DAVID RITTER (NOTARIANNI, FRANCIS) |
| Filing 16 NOTICE of Appearance by SAMANTHA G ZIMMER on behalf of DAVID RITTER (ZIMMER, SAMANTHA) |
| Filing 15 NOTICE of Appearance by MARIAN K. SCHNEIDER on behalf of FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS (SCHNEIDER, MARIAN) |
| Filing 14 MOTION to Intervene filed by DAVID RITTER.Brief, Certificate of Counsel, Certificate of Service. (Attachments: #1 Exhibit Answer to Complaint, #2 Text of Proposed Order, #3 Brief)(VOSS, JOSHUA) |
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Filing 13
STIPULATION AND ORDER THAT DEFENDANT SHALL FILE ALL PAPERS IN RESPONSE TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION ON OR BEFORE FEBRUARY 8, 2022; PLAINTIFFS SHALL FILE THEIR REPLY, IF ANY, IN FURTHER SUPPORT OF THEIR MOTION FOR PRELIMINARY INJUNCTION ON OR BEFORE FEBRUARY 15, 2022; THE COURT WILL CONDUCT A HEARING AND/OR ORAL ARGUMENT ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION ON WEDNESDAY, MARCH 2, 2022 AT 9:00 A.M.; DEFENDANT LEHIGH COUNTY BOARD OF ELECTIONS IS SPECIFICALLY ORDERED NOT TO TAKE ANY FURTHER STEPS TO OFFICIALLY CERTIFY ANY 2021 ELECTION RETURNS OR ISSUE A CERTIFICATE OF ELECTIONS TO ANY CANDIDATE FOLLOWING THE UNOFFICIAL CERTIFICATION OF RETURNS ON FEBRUARY 1, 2022, UNLESS AND UNTIL DEFENDANT IS AUTHORIZED TO PROCEED TO FINAL CERTIFICATION BY FURTHER ORDER OF THIS COURT; AND THE COURT WILL STAY CONSIDERATION OF PLAINTIFFS REQUEST FOR TEMPORARY RESTRAINING ORDER IN LIGHT OF DEFENDANTS AGREEMENT NOT TO CERTIFY THE ELECTION PENDING THE OUTCOME OF PLAINTIFFS REQUEST FOR INJUNCTIVE RELIEF. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/1/22. 2/1/22 ENTERED AND COPIES E-MAILED.(mas)
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| Filing 12 NOTICE of Appearance by RICHARD TSAI TING on behalf of FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS (TING, RICHARD) |
| Filing 11 STIPULATION re #2 Emergency MOTION for Temporary Restraining Order and Proposed Order by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS. (WALCZAK, WITOLD) |
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Filing 10
ORDER THAT COUNSEL FOR PLAINTIFF[S] MUST SERVE THIS ORDER ON EVERY PARTY TO THIS CASE IMMEDIATELY AFTER THE PARTYS FIRST APPEARANCE, UNLESS THIS CASE WAS REMOVED FROM STATE COURT, IN WHICH CASE THIS RESPONSIBILITY FALLS ON COUNSEL FOR THE PARTY WHO REMOVED THE CASE; ETC. AS HEREIN. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/1/22. 2/1/22 ENTERED AND COPIES E-MAILED.(mas)
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| Filing 9 NOTICE of Appearance by JOSHUA S. MAZIN on behalf of LEHIGH COUNTY BOARD OF ELECTIONS (MAZIN, JOSHUA) |
| Filing 8 NOTICE of Appearance by LUCAS JOHN REPKA on behalf of LEHIGH COUNTY BOARD OF ELECTIONS (REPKA, LUCAS) |
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Filing 7
ORDER THAT THE PARTIES ARE TO CONFER AND SUBMIT THE FOLLOWING TO CHAMBERS NO LATER THAN 5:00 P.M. ON TUESDAY, FEBRUARY 1, 2022: A. A PROPOSED ORDER THAT ADDRESSES THE ACTIONS THE DEFENDANT WILL OR WILL NOT TAKE WITH RESPECT TO CERTIFICATION OF THE ELECTION AT ISSUE. B. A JOINT STIPULATION, SIGNED BY BOTH PARTIES, THAT PROVIDES A PROPOSED BRIEFING SCHEDULE AND PROPOSED DEADLINES FOR ANY AND ALL SUBMISSIONS TO BE CONSIDERED BY THIS COURT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/1/22. 2/1/22 ENTERED AND COPIES E-MAILED.(mas)
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| Filing 6 Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR. Telephone Conference held on 1/31/22. (mas, ) |
| Summons Issued as to LEHIGH COUNTY BOARD OF ELECTIONS. Forwarded To: Counsel on 1/31/22. (mas, ) |
| Filing 5 NOTICE OF SCHEDULING OF TELEPHONE CONFERENCE: A TELEPHONE CONFERENCE BEFORE THE HONORABLE JOSEPH F. LEESON, JR. HAS BEEN SCHEDULED FOR MONDAY, JANUARY 31, 2022, AT 4:30 P.M. CONCERNING PLAINTIFFS' EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER. SEE NOTICE FOR CALL-IN INFORMATION.(dja) |
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Filing 4
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE EDWARD G. SMITH TO HONORABLE JOSEPH F. LEESON, JR FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 1/31/22. 1/31/22 ENTERED AND E-MAILED.(JL)
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| Filing 3 Memorandum of law in Support of #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS..(WALCZAK, WITOLD) Modified on 1/31/2022 (nd). |
| Filing 2 Emergency MOTION for Temporary Restraining Order filed by FRANCIS J. FOX, LINDA MIGLIORI, RICHARD E RICHARDS, KENNETH RINGER, SERGIO RIVAS.Certificate of Service. (Attachments: #1 Text of Proposed Order)(WALCZAK, WITOLD) |
| Filing 1 COMPLAINT for Declaratory and Emergency Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number APAEDC-15694816.), filed by KENNETH RINGER, LINDA MIGLIORI, RICHARD E RICHARDS, FRANCIS J. FOX, SERGIO RIVAS. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Exhibit Migliori declaration, #4 Exhibit Fox declaration, #5 Exhibit Richards declaration, #6 Exhibit Rivas declaration, #7 Exhibit Ringer declaration, #8 Exhibit Marks 6-1-21 email, #9 Exhibit Lehigh CCP 11-30-21 op, #10 Exhibit Cmlth Ct decision, #11 Exhibit Lehigh CCP 1-27-22 order, #12 Exhibit Ballot return envelope, #13 Exhibit Lehigh elections mtg notice)(WALCZAK, WITOLD) |
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