Pennsylvania Institutional Law Project et al v. Wetzel et al
| Abolitionist Law Center, Civil Liberties Union of Pennsylvania, Pennsylvania Institutional Law Project, Amistad Law Project and Davon R. Hayes |
| Shirley Moore Smeal, Tabb Bickell, John E. Wetzel and Jamey Luther |
| 1:2018cv02100 |
| October 30, 2018 |
| U.S. District Court for the Middle District of Pennsylvania |
| EBC |
| John E Jones |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 27, 2018. A more recent docket listing may be available from PACER.
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Filing 47
SCHEDULING ORDER: Telephone Status Conference set for 1/4/2019 at 11:00 AM before Magistrate Judge Susan E. Schwab. Signed by Magistrate Judge Susan E. Schwab on 12/27/2018. (ktt)
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Filing 46
ORDER - IT IS ORDERED that the defendants shall review the aforementioned remaining documents at issue, and as to any such documents for which they are still asserting the deliberative-process privilege, the defendants shall provide an updated affidavit or declaration from the proper person or persons addressing each document or each category of documents at issue and shall explain how the document is deliberative. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 12/20/2018. (ktt)
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Filing 45
ORDER - IT IS ORDERED that CTRL0000003197.0001 is not protected by the deliberative process privilege and must be produced. Signed by Magistrate Judge Susan E. Schwab on 12/20/2018. (ktt)
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Filing 44
ORDER - IT IS ORDERED that CTRL0000002934 (with attachments), CTRL0000002894 (with attachments), and CTRL0000003054 are not protected by the deliberative- process privilege and the defendants shall produce those documents. Signed by Magistrate Judge Susan E. Schwab on 12/20/2018. (ktt)
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Filing 43
ORDER - IT IS ORDERED that the defendants do not need to produce CTRL0000003188. Signed by Magistrate Judge Susan E. Schwab on 12/18/2018. (ktt)
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Filing 42
ORDER - IT IS ORDERED that the defendants shall produce those documents to the plaintiffs unless they provide to the Court and to the plaintiffs an affidavit or declaration that properly invokes the privilege. Any such affidavit or declaration shall address each non-email document that is still at issue and as to which the defendants are still raising the deliberative- process privilege and shall explain how the document is deliberative. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 12/18/2018. (ktt)
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Filing 41
ORDER - IT IS ORDERED that the defendants shall provide to the plaintiffs and to the Court a proper privilege log that sets forth the date of each document, who authored the document, to whom the document was sent, and a description of the document that describe[s] the nature of the documents... in a manner that, without revealing information itself privileged or protected, will enable the other parties to assess the claim. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 12/18/2018. (ktt)
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Filing 40
ORDER - IT IS ORDERED that the defendants shall review again the above documents and advise the Court whether they are still asserting the deliberative process privilege, and if so, the defendants shall provide the Court and opposing counsel with its reasons for doing so. See order for complete details. Signed by Magistrate Judge Susan E. Schwab on 12/17/2018. (ve)
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Filing 38
ORDER - We have reviewed some, but not all, of the documents provided to us for in camera review. Following our review of some of the documents, we issue the following order. Given the short deadlines in this case, we will issue future orders on a rolling basis, which will address other documents or other categories of documents. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 12/17/2018. (ktt)
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Filing 37
SCHEDULING ORDER VACATING previously scheduled prelim injunction hearing dates of 1/16-18,22,23/2019, RESETTING preliminary injunction hearing for 2/19/2019 (to continue on consecutive business days until conclusion) in Harrisburg - Courtroom 2, noting cnsl considered ATTACHED for dates of 2/19-22,25,26/2019 & directing that matter shall continue to be assigned to Chief Magistrate Judge Schwab for mgmt & resolution of all pre-hearing discovery & scheduling issues. (See order for complete details.) Signed by Honorable John E. Jones, III on 12/14/18. (ki)
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Filing 36
ORDER - IT IS ORDERED that as to the documents (other than the Wetzel and Goodman emails) provided to the court in emails from Attorney Defelice, the defendants shall provide an updated privilege log as to the assertions of attorney-client privilege. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 12/13/2018. (ktt)
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Filing 34
SCHEDULING ORDER: Telephone Discovery Conference set for 12/13/2018 at 2:15 PM before Magistrate Judge Susan E. Schwab. Signed by Magistrate Judge Susan E. Schwab on 12/11/2018. (ktt)
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Filing 33
ORDER granting #31 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Susan E. Schwab on 12/11/2018 (ktt)
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| Filing 32 BRIEF IN OPPOSITION re #31 MOTION for Extension of Time to Complete Discovery filed by Abolitionist Law Center, Amistad Law Project, Civil Liberties Union of Pennsylvania, Davon R. Hayes, Pennsylvania Institutional Law Project. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Whitson, Keith) |
| Filing 31 MOTION for Extension of Time to Complete Discovery by Tabb Bickell, Jamey Luther, Shirley Moore Smeal, John E. Wetzel. (Attachments: #1 Proposed Order)(Trovinger, Abby) |
| Filing 30 Letter from All Plaintiffs . (Whitson, Keith) |
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Filing 28
ORDER granting leave to depose a prisoner. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 12/4/2018. (ktt)
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Filing 27
Order approving re #26 Stipulation for Protective Order. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 12/4/2018. (ktt)
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| Filing 26 STIPULATION for PROTECTIVE ORDER (JOINT) by Abolitionist Law Center, Amistad Law Project, Civil Liberties Union of Pennsylvania, Pennsylvania Institutional Law Project. (Whitson, Keith) |
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Filing 25
ORDER Consolidating 1:18cv2099 into No. 1:18cv2100 for all purposes and proceedings before this Court. From this pont forward, the Consolidated Action shall be captioned: Pennsylvania Institutional Law Project, et al v Wetzel et al., docketed at No. 1:18cv2100. Signed by Honorable John E. Jones, III on 12/4/2018. (jw)
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| Filing 23 STIPULATION TO CONSOLIDATE by Pennsylvania Institutional Law Project. (Attachments: #1 Proposed Order)(Whitson, Keith) |
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Filing 22
SCHEDULING ORDER: Telephone Discovery Conference set for 11/30/2018 at 11:00 AM before Magistrate Judge Susan E. Schwab.Signed by Magistrate Judge Susan E. Schwab on 11/29/2018. (ktt)
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Filing 21
ORDER - Pursuant to the status conference conducted on November 15, 2018, IT IS ORDERED that the plaintiffs' motion for expedited discovery #5 in the above captioned cases is GRANTED. The expedited discovery shall proceed according to the following schedule: (1) November 30, 2018: Deadline for defendants to respond to plaintiffs' interrogatories. (2) December 7, 2018: Deadline for defendants to respond to plaintiffs' requests for production of documents. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 11/16/2018 (ktt)
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| Filing 19 ANSWER to #1 Complaint, by Tabb Bickell, Shirley Moore Smeal, John E. Wetzel.(DeFelice, Chase) |
| Filing 18 NOTICE of Appearance by Jaime B. Boyd on behalf of Tabb Bickell, Shirley Moore Smeal, John E. Wetzel. (Boyd, Jaime) |
| Filing 17 NOTICE of Appearance by Theron R. Perez on behalf of Tabb Bickell, Shirley Moore Smeal, John E. Wetzel (Perez, Theron) |
| Filing 16 NOTICE of Appearance by Timothy A. Holmes on behalf of Tabb Bickell, Shirley Moore Smeal, John E. Wetzel (Holmes, Timothy) |
| Filing 15 NOTICE of Appearance by Debra S. Rand on behalf of All Defendants (Rand, Debra) |
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Filing 14
SCHEDULING ORDER: Telephone Discovery Conference set for 11/15/2018 at 2:00 PM before Magistrate Judge Susan E. Schwab. Signed by Magistrate Judge Susan E. Schwab on 11/13/2018. (ktt)
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Filing 13
ORDER REFERRING CASE 1. Plaintiffs Motions (Docs. 5) for Expedited Discovery are REFERRED to Chief United States Magistrate Judge Susan E. Schwab.2. The scope of this referral authorizes Chief Magistrate Judge Schwab to resolve and issue any orders concerning all issues and disputes related to the conduct of discovery in anticipation of, and in preparation for, the hearing on the pending Motions for Preliminary Injunctions. The issues of expert reports and protective orders directly related to discovery and hearing testimony fall within the scope of this referral.13. Chief Magistrate Judge Schwab shall convene an expedited conference.4. Any and all discovery is STAYED pending the conference.(eo)
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| Filing 12 VACATED in PART(Jan. 2019 PI Hrg date(s) per 12/14/18 order #37 of court)- SCHEDULING ORDER: 1. A hearing on Plaintiffs Motions (Docs. 3) for Preliminary Injunctions shall convene on January 16, 2019, at 9:30 a.m. at the Federal Building and U.S. Courthouse, 228 Walnut Street, Harrisburg, Pennsylvania. Counsel for shall report to Courtroom # 2.2. Counsel are ATTACHED for the dates of January 16 18, 2019, and January 2223, 2019.3. Defendants are alleviated of their obligation to file briefs in opposition to the motions for preliminary injunction as the Court will require post-hearing briefing.4. Defendants shall FILE their Answers on or before November 16, 2018.5. Any and all motions, with the exception of those falling within the scope of the motions for expedited discovery, which, by separate Order, have been referred the Chief United States Magistrate JudgeSusan E. Schwab, shall be directed to the undersigned.(eo) Modified on 12/14/2018 (ki). |
| Filing 11 NOTICE of Appearance by Chase M. DeFelice on behalf of Tabb Bickell, Shirley Moore Smeal, John E. Wetzel. (DeFelice, Chase) |
| Filing 10 NOTICE of Appearance by Abby N Trovinger on behalf of All Defendants (Trovinger, Abby) |
| Filing 9 BRIEF IN SUPPORT of Motion for Preliminary Injunction re #3 MOTION for Preliminary Injunction filed by Abolitionist Law Center, Amistad Law Project, Civil Liberties Union of Pennsylvania, Pennsylvania Institutional Law Project. (Attachments: #1 Unpublished cases, #2 Unpublished cases, #3 Unpublished cases, #4 Certificate of Service)(Whitson, Keith) |
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Filing 8
ORDER granting #4 Motion for Leave to File Excess Pages (eo)
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Filing 7
SCHEDULING ORDER: The Court shall conduct a telephonic conference with counsel for the parties on November 9, 2018 at 11:00 a.m. Counsel for the Plaintiffs shall arrange for a call-in number and shall notify the Courts deputy clerk of the same. The purpose of this call is to discuss scheduling and other matters relative to the pending Motions for Preliminary Injunction and for Expedited Discovery in Aid of Motion for Preliminary Injunction. Counsel shall forthwith provide a copy of this Order to counsel for the Defendants.Signed by Honorable John E. Jones, III on 10/31/18. (dmn)
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| Filing 6 BRIEF IN SUPPORT re #5 MOTION to Expedite Discovery in aid of Motion for Preliminary Injunction filed by Abolitionist Law Center, Amistad Law Project, Civil Liberties Union of Pennsylvania, Pennsylvania Institutional Law Project. (Attachments: #1 Certificate of Service)(Whitson, Keith) |
| Filing 5 MOTION to Expedite Discovery in aid of Motion for Preliminary Injunction by Abolitionist Law Center, Amistad Law Project, Civil Liberties Union of Pennsylvania, Pennsylvania Institutional Law Project. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order, #3 Certificate of Service)(Whitson, Keith) |
| Filing 4 MOTION to Exceed Page Limitation for Brief in Support of Preliminary Injunction by Abolitionist Law Center, Amistad Law Project, Civil Liberties Union of Pennsylvania, Pennsylvania Institutional Law Project. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Whitson, Keith) |
| Filing 3 MOTION for Preliminary Injunction by Abolitionist Law Center, Amistad Law Project, Civil Liberties Union of Pennsylvania, Pennsylvania Institutional Law Project. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Whitson, Keith) |
| Filing 2 Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (rw) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-4585611), filed by Pennsylvania Institutional Law Project, Civil Liberties Union of Pennsylvania, Amistad Law Project, Abolitionist Law Center. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(rw) |
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