Firearm Owners Against Crime et al v. City of Harrisburg et al
Firearm Owners Against Crime, Joshua First and Kim Stolfer |
Police Chief Thomas Carter, City of Harrisburg and Mayor Eric Papenfuse |
1:2015cv00322 |
February 13, 2015 |
US District Court for the Middle District of Pennsylvania |
Harrisburg Office |
Dauphin |
Yvette Kane |
Civil Rights: Other |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on April 29, 2016. A more recent docket listing may be available from PACER.
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Filing 54 ACKNOWLEDGEMENT OF SERVICE Executed ; remanded case received by Dauphin County Court of Common Pleas 4/27/16. (ep) |
Filing 53 ACKNOWLEDGEMENT of Order dated 4/25/2016 RECEIVED from Steve Farina, Prothonotary on 4/26/2016. (ve) |
Filing 52 ORDER - It is hereby ORDERED that this action is REMANDED to the Court of Common Pleas of Dauphin County, Pennsylvania, & Clrk of Ct directed to CLOSE case. (See order for complete details.) Signed by Honorable Yvette Kane on 4/25/16. (ki) |
Filing 51 ORDER - IT IS ORDERED that the #32 Motion for Sanctions is DENIED. Signed by Honorable Yvette Kane on 3/25/16. (sc) |
Filing 50 ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT Defts motion to dismiss (Doc. No. 4) is GRANTED IN PART - Pltfs will be permitted to file an amended complaint within 10 days of the date of this order to demonstrate standing to challenge to Harrisburg, Pa., Code 3-345.2 (discharging weapons or firearms), and 10-301.13 (parks) - see order for details. IT IS HEREBY FURTHER ORDERED THAT Pltfs motion to remand (Doc. No. 5), is DENIED AS MOOT; Defts motion to file a supplemental brief (Doc. No. 45), is DENIED AS MOOT; and Pltfs motion for leave to amend (Doc. No. 37), is DENIED AS MOOT. #5 #4 #45 #37 Signed by Honorable Yvette Kane on 3/24/16. (sc) |
Filing 49 MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Yvette Kane on 3/24/16. (sc) |
Filing 48 REPLY BRIEF re #45 MOTION for Leave to File Supplemental Brief in Support of Motion to Dismiss filed by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Exhibit(s) Ex B - Commonwealth Court Reply Brief - stamped)(Autry, Joshua) |
Filing 47 BRIEF IN OPPOSITION re #45 MOTION for Leave to File Supplemental Brief in Support of Motion to Dismiss filed by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Exhibit(s) A - C)(Prince, Joshua) |
Filing 46 BRIEF IN SUPPORT re #45 MOTION for Leave to File Supplemental Brief in Support of Motion to Dismiss filed by Thomas Carter, City of Harrisburg, Eric Papenfuse.(Autry, Joshua) |
Filing 45 MOTION for Leave to File Supplemental Brief in Support of Motion to Dismiss by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Proposed Order Proposed Order, #2 Supplement Supplemental Brief in Support of Motion to Dismiss, #3 Exhibit(s) Exhibit List, #4 Exhibit(s) Ex 1- Act of 1721 banning discharge in Philadelphia, #5 Exhibit(s) Ex 2- Act of 1751 banning discharge in all towns, #6 Exhibit(s) Ex 3- Act of 1760 gun law, #7 Exhibit(s) Ex 4- Penal Code of 1860 excerpt, #8 Exhibit(s) Ex 5- 1915 veto of attempted repeal, #9 Exhibit(s) Ex 6- Act of 1791 creating Harrisburg, #10 Exhibit(s) Ex 7- Act of 1808 authorizing Harrisburg to enact ordinances, #11 Exhibit(s) Ex 8- 1821 discharge ordinance, #12 Exhibit(s) Ex 9- Act of 1859 creating Harris Park, #13 Exhibit(s) Ex 10- Act of 1873 banning guns in Harrisburg, #14 Exhibit(s) Ex 11- Purdons excerpt, #15 Exhibit(s) Ex 12- 1889 Third Class City Code exerpt, #16 Exhibit(s) Ex. 13- 1905 park ordinance, #17 Exhibit(s) Ex. 14- 1991 park ordinance)(Autry, Joshua) |
Filing 44 NOTICE by Firearm Owners Against Crime, Joshua First, Kim Stolfer of Appeal to the PA Supreme Court in Leach v. Com. (Prince, Joshua) |
Filing 43 NOTICE by Firearm Owners Against Crime, Joshua First, Kim Stolfer of related Montogmery County Court decision (Attachments: #1 Unpublished Opinion(s) FOAC, et al. v. Lower Merion Township)(Prince, Joshua) |
Filing 42 NOTICE by Thomas Carter, City of Harrisburg, Eric Papenfuse of Related Commonwealth Court Decision (Autry, Joshua) |
Filing 41 REPLY BRIEF re #32 MOTION for Sanctions for Fraud on Court filed by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Exhibit(s) Ex 2 - Tribune Review article, #2 Exhibit(s) Ex 3 - Patriot article on lawsuit, #3 Exhibit(s) Ex 4 - First Facebook page, #4 Exhibit(s) Ex 5 - Prince Q&A, #5 Exhibit(s) Ex 6 - FOAC tweet, #6 Exhibit(s) Ex 7 - Prince blog post, #7 Exhibit(s) Ex 8 - default posted on Prince's blog, #8 Exhibit(s) Ex 9 - FOAC Facebook page, #9 Exhibit(s) Ex 10 - Patriot article on defautl)(Autry, Joshua) |
Filing 40 BRIEF IN OPPOSITION re #37 MOTION for Leave to File Amended Complaint filed by Thomas Carter, City of Harrisburg, Eric Papenfuse.(Autry, Joshua) |
Filing 39 BRIEF IN OPPOSITION re #32 MOTION for Sanctions for Fraud on Court filed by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Exhibit(s) 1 and 2, #2 Certificate of Service)(Prince, Joshua) |
Filing 38 BRIEF IN SUPPORT re #37 MOTION for Leave to File Amended Complaint filed by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Certificate of Service)(Prince, Joshua) |
Filing 37 MOTION for Leave to File Amended Complaint by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Exhibit(s) A and B, #2 Certificate of Nonconcurrence, #3 Proposed Order, #4 Certificate of Service)(Prince, Joshua) |
Filing 36 STATUS REPORT on the Proceedings before the Commonwealth Court by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Certificate of Service)(Prince, Joshua) |
Filing 35 ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1. Pltfs mtn for entry of default (Doc. No. 8) is DENIED;2. Defts mtn to strike Pltfs mtn for entry of default (Doc. No. 16)is DENIED AS MOOT; 3. Defts mtn to amend or correct their civil cover sheet & notice of removal (Doc. No. 12) is GRANTED; 4. Defts mtn to vacate default and enjoin further state court action (Doc. No. 14) is GRANTED IN PART; 5. Further proceedings in the Court of Common Pleas for Dauphin County, PA in the case docketed as 2015-CV-00354-EQ are ENJOINED unless and until this matter is remanded; and 6. The parties are ordered to file status updates within 10 days regarding the proceedings before the Commonwealth Court of PA in the action docketed 449 CD 2015 in which Pltfs have sought to intervene. #14 #12 #1 #8 #16 Signed by Honorable Yvette Kane on 5/5/15. (sc) |
Filing 34 MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Yvette Kane on 5/5/15. (sc) |
Filing 33 BRIEF IN SUPPORT re #32 MOTION for Sanctions for Fraud on Court filed by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Exhibit(s) Ex. 1 - Plaintiffs Brief in Opp. to Petition to Open)(Autry, Joshua) |
Filing 32 MOTION for Sanctions for Fraud on Court by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Proposed Order Proposed Order, #2 Certificate of Nonconcurrence Certificate of Nonconcurrencee)(Autry, Joshua) |
Filing 31 REPLY BRIEF re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Remand or Stay Supplemental State Law Claims filed by Thomas Carter, City of Harrisburg, Eric Papenfuse.(Autry, Joshua) |
Filing 30 REPLY BRIEF re #14 MOTION to Vacate Default and Enjoin State Court filed by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Proposed Order Second proposed order, #2 Exhibit(s) Exhibit list, #3 Exhibit(s) Ex. 1 - application to intervene, #4 Exhibit(s) Ex. 2 - 10 day notices, #5 Exhibit(s) Ex. 3 - praecipe for judgment, #6 Exhibit(s) Ex. 4 - entry of default)(Autry, Joshua) |
Filing 29 REPLY BRIEF re #12 MOTION to Amend/Correct #1 Notice of Removal, and Civil Cover Sheet filed by Thomas Carter, City of Harrisburg, Eric Papenfuse.(Autry, Joshua) |
Filing 28 REPLY BRIEF re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Remand or Stay Supplemental State Law Claims filed by Thomas Carter, City of Harrisburg, Eric Papenfuse.(Autry, Joshua) |
Filing 27 BRIEF IN OPPOSITION re #16 MOTION to Strike #8 MOTION for Entry of Default Against All Defendants , #8 MOTION for Entry of Default Against All Defendants filed by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Exhibit(s) 1, 1A, and 2)(Prince, Joshua) |
Filing 26 BRIEF IN SUPPORT re #16 MOTION to Strike #8 MOTION for Entry of Default Against All Defendants filed by Thomas Carter, City of Harrisburg, Eric Papenfuse.(Autry, Joshua) |
Filing 25 BRIEF IN OPPOSITION re #14 MOTION to Vacate Default and Enjoin State Court filed by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6)(Prince, Joshua) |
Filing 24 BRIEF IN OPPOSITION re #12 MOTION to Amend/Correct #1 Notice of Removal, and Civil Cover Sheet filed by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Supplement Case: Dragani v. Genesse, #2 Supplement Case: Heine v. City of Garfield, #3 Supplement Case: Leuzzi v. Dollar Tree, #4 Supplement Pinnacle v. Silverstein)(Prince, Joshua) |
Filing 23 BRIEF IN OPPOSITION re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Remand or Stay Supplemental State Law Claims filed by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Prince, Joshua) |
Filing 22 ORDER - IT IS ORDERED that the #20 Motion for Leave to File Excess Pages is GRANTED. On or before 3/26/2015, Pltfs may file a bropp to dfts' mtn to dismiss which shall not exceed 20 pages or 6660 words, whichever is greater. Signed by Honorable Yvette Kane on 3/25/15. (sc) |
Filing 21 REPLY BRIEF re #5 MOTION to Remand to State Court filed by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3)(Prince, Joshua) |
Filing 20 MOTION for Leave to File Brief in Opposition to MTD in Excess of Page/Word Limits by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Prince, Joshua) |
Filing 19 STATUS REPORT (Joint) by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Lavery, Frank) |
Filing 18 ORDER - IT IS HEREBY ORDERED THAT Plaintiffs are granted an extension of time to file their brief in opposition to Defendants motion to dismiss (Doc. No. 4), until March 26, 2015. In all other respects, Plaintiffs motion (Doc. No. 17) is DENIED. The parties are directed to file a status report on the progress of their state court case no later than ten (10) days from the date of this order. #4 #17 Signed by Honorable Yvette Kane on 3/19/15. (sc) |
Filing 17 MOTION to Stay Motion to Dismiss and Consolidate Other Motions by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Certificate of Concurrence Partial Concurrence/Partial Opposition, #2 Proposed Order to Stay and Consolidate, #3 Certificate of Service)(Prince, Joshua) |
Filing 16 MOTION to Strike #8 MOTION for Entry of Default Against All Defendants by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Proposed Order Proposed Order, #2 Certificate of Nonconcurrence Cert of Nonconcurrence)(Autry, Joshua) |
Filing 15 BRIEF IN SUPPORT re #14 MOTION to Vacate Default and Enjoin State Court filed by Thomas Carter, City of Harrisburg, Eric Papenfuse.(Autry, Joshua) |
Filing 14 MOTION to Vacate Default and Enjoin State Court by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Proposed Order Proposed Order, #2 Certificate of Nonconcurrence Cert of Nonconcurrence)(Autry, Joshua) |
Filing 13 BRIEF IN SUPPORT re #12 MOTION to Amend/Correct #1 Notice of Removal, and Civil Cover Sheet filed by Thomas Carter, City of Harrisburg, Eric Papenfuse.(Autry, Joshua) |
Filing 12 MOTION to Amend/Correct #1 Notice of Removal, and Civil Cover Sheet by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Proposed Order Proposed Order, #2 Certificate of Nonconcurrence Cert of Nonconcurrence, #3 Exhibit(s) Ex 1 - Civil Cover Sheet, #4 Exhibit(s) Ex 2 - Amended Notice of Removal - Federal, #5 Exhibit(s) Amended Notice of Removal Exhibits, #6 Exhibit(s) Ex 3 Marked-up Amended Notice of Removal - Federal)(Autry, Joshua) |
Filing 11 BRIEF IN OPPOSITION re #5 MOTION to Remand to State Court filed by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Exhibit(s) Exhibit List, #2 Exhibit(s) Complaint (Ex 1), #3 Exhibit(s) Returns of Service (Ex 2), #4 Exhibit(s) Entries of Appearance (Ex 3), #5 Exhibit(s) Praecipe to Substitute Verifications (Ex 4), #6 Exhibit(s) Notice of Removal (Ex 5), #7 Exhibit(s) Transfer Notice (Ex 6), #8 Exhibit(s) 10 Day Notices (Ex 7), #9 Exhibit(s) Defs Motion to Strike (Ex 8), #10 Exhibit(s) Praecipe for Default (Ex 9), #11 Exhibit(s) Default Judgment (Ex 10), #12 Exhibit(s) Scheduling Order (Ex 11))(Autry, Joshua) |
Filing 10 BRIEF IN SUPPORT re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Remand or Stay Supplemental State Law Claims filed by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Exhibit(s) Ex 1 - order denying stay to Lancaster, #2 Exhibit(s) Ex 2 - order granting stay to Pittsburgh, #3 Exhibit(s) Ex 3 - preliminary injuction opinion)(Autry, Joshua) |
Filing 9 Proposed Pretrial Order Proposed Order for Entry of Default by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Certificate of Service)(Prince, Joshua) |
DOCKET ANNOTATION: Counsel is advised to file a proposed Clerks Entry of Default for Doc. 8. (pjr) |
Filing 8 MOTION for Entry of Default Against All Defendants by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Exhibit(s) Exhibit A, #2 Certificate of Service)(Prince, Joshua) |
Filing 7 NOTICE by Thomas Carter, City of Harrisburg, Eric Papenfuse re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Remand or Stay Supplemental State Law Claims (Attachments: #1 Exhibit(s) Motion to Dismiss)(Autry, Joshua) |
Filing 6 BRIEF IN SUPPORT re #5 MOTION to Remand to State Court filed by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Certificate of Service)(Prince, Joshua) |
DOCKET ANNOTATION: Counsel is advised to file the Brief in Support of Doc. 5 as a separate entry. (pjr) |
Filing 5 MOTION to Remand to State Court by Firearm Owners Against Crime, Joshua First, Kim Stolfer. (Attachments: #1 Exhibit(s) Exhibit A, #2 Memo Memorandum of Law in Support, #3 Certificate of Nonconcurrence, #4 Proposed Order, #5 Proposed Order Alternate Proposed Order, #6 Certificate of Service)(Prince, Joshua) |
Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Remand or Stay Supplemental State Law Claims by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence)(Autry, Joshua) |
Filing 3 LETTER addressed to counsel Re: Case Assignment and Procedures. Signed by Honorable Yvette Kane on 2/20/15. (sc) |
Filing 2 COUNTY COURT RECORD from Court of Common Pleas of Dauphin County. (Attachments: #1 County Court Record Part 1)(pjr) |
Filing 1 NOTICE OF REMOVAL by Eric Papenfuse, Thomas Carter, City of Harrisburg from Dauphin County Court of Common Pleas, case number 2015. (Filing fee $ 400 receipt number -CV-354) filed by Eric Papenfuse, Thomas Carter, City of Harrisburg. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet)(pjr) |
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