Firearm Owners Against Crime et al v. City of Harrisburg et al

Plaintiff: Firearm Owners Against Crime, Joshua First and Kim Stolfer
Defendant: Police Chief Thomas Carter, City of Harrisburg and Mayor Eric Papenfuse
Case Number: 1:2015cv00322
Filed: February 13, 2015
Court: US District Court for the Middle District of Pennsylvania
Office: Harrisburg Office
County: Dauphin
Presiding Judge: Yvette Kane
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 29, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2016 Filing 54 ACKNOWLEDGEMENT OF SERVICE Executed ; remanded case received by Dauphin County Court of Common Pleas 4/27/16. (ep)
April 28, 2016 Filing 53 ACKNOWLEDGEMENT of Order dated 4/25/2016 RECEIVED from Steve Farina, Prothonotary on 4/26/2016. (ve)
April 25, 2016 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)
March 25, 2016 Filing 51 ORDER - IT IS ORDERED that the #32 Motion for Sanctions is DENIED. Signed by Honorable Yvette Kane on 3/25/16. (sc)
March 24, 2016 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)
March 24, 2016 Filing 49 MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Yvette Kane on 3/24/16. (sc)
September 21, 2015 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)
September 14, 2015 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)
September 1, 2015 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)
September 1, 2015 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)
July 24, 2015 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)
July 9, 2015 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)
June 30, 2015 Filing 42 NOTICE by Thomas Carter, City of Harrisburg, Eric Papenfuse of Related Commonwealth Court Decision (Autry, Joshua)
June 1, 2015 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)
May 28, 2015 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)
May 18, 2015 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)
May 14, 2015 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)
May 14, 2015 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)
May 13, 2015 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)
May 5, 2015 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)
May 5, 2015 Filing 34 MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Yvette Kane on 5/5/15. (sc)
May 4, 2015 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)
May 4, 2015 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)
April 15, 2015 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)
April 9, 2015 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)
April 9, 2015 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)
April 9, 2015 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)
April 3, 2015 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)
March 30, 2015 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)
March 26, 2015 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)
March 26, 2015 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)
March 26, 2015 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)
March 25, 2015 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)
March 23, 2015 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)
March 23, 2015 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)
March 23, 2015 Filing 19 STATUS REPORT (Joint) by Thomas Carter, City of Harrisburg, Eric Papenfuse. (Lavery, Frank)
March 19, 2015 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)
March 18, 2015 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)
March 16, 2015 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)
March 12, 2015 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)
March 12, 2015 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)
March 12, 2015 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)
March 12, 2015 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)
March 9, 2015 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)
March 6, 2015 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)
March 2, 2015 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)
March 2, 2015 DOCKET ANNOTATION: Counsel is advised to file a proposed Clerks Entry of Default for Doc. 8. (pjr)
February 27, 2015 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)
February 27, 2015 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)
February 23, 2015 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)
February 23, 2015 DOCKET ANNOTATION: Counsel is advised to file the Brief in Support of Doc. 5 as a separate entry. (pjr)
February 22, 2015 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)
February 20, 2015 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)
February 20, 2015 Filing 3 LETTER addressed to counsel Re: Case Assignment and Procedures. Signed by Honorable Yvette Kane on 2/20/15. (sc)
February 20, 2015 Filing 2 COUNTY COURT RECORD from Court of Common Pleas of Dauphin County. (Attachments: #1 County Court Record Part 1)(pjr)
February 13, 2015 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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Search for this case: Firearm Owners Against Crime et al v. City of Harrisburg et al
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Plaintiff: Firearm Owners Against Crime
Represented By: Joshua G. Prince
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Plaintiff: Joshua First
Represented By: Joshua G. Prince
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Plaintiff: Kim Stolfer
Represented By: Joshua G. Prince
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Defendant: Police Chief Thomas Carter
Represented By: Joshua M. Autry
Represented By: Frank J. Lavery, Jr.
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Defendant: City of Harrisburg
Represented By: Joshua M. Autry
Represented By: Frank J. Lavery, Jr.
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Defendant: Mayor Eric Papenfuse
Represented By: Joshua M. Autry
Represented By: Frank J. Lavery, Jr.
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