AMALGAMATED TRANSIT UNION LOCAL 85 et al v. PORT AUTHORITY OF ALLEGHENY COUNTY
| AMALGAMATED TRANSIT UNION LOCAL 85, SASHA CRAIG, MONIKA WHEELER and JAMES HANNA |
| PORT AUTHORITY OF ALLEGHENY COUNTY |
| 2:2020cv01471 |
| September 30, 2020 |
| U.S. District Court for the Western District of Pennsylvania |
| J Nicholas Ranjan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 40 EXHIBITS re Evidentiary Hearing held on 11/10/2020 and 11/17/2020. (Attachments: #1 Defendant's Exhibits) (av) |
| Filing 39 EXHIBITS re Evidentiary Hearing held on 11/10/2020 and 11/17/2020. (Attachments: #1 Plaintiffs' Exhibits (1 of 2), #2 Plaintiffs' Exhibits (2 of 2)) (av) |
| Filing 38 REPLY BRIEF re #18 Motion to Dismiss for Failure to State a Claim filed by PORT AUTHORITY OF ALLEGHENY COUNTY. (Gabriel, Brian) |
| Filing 37 STIPULATION re 31 Order,, by PORT AUTHORITY OF ALLEGHENY COUNTY. (Gabriel, Brian) |
| Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Continued Videoconferenced Evidentiary Hearing held on 11-17-20 before Judge J. Nicholas Ranjan. Court Reporter Karen Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/30/2020. Redaction Request due 12/14/2020. Redacted Transcript Deadline set for 12/24/2020. Release of Transcript Restriction set for 2/22/2021. (kme) |
| Filing 35 BRIEF in Opposition re #18 Motion to Dismiss for Failure to State a Claim filed by AMALGAMATED TRANSIT UNION LOCAL 85, SASHA CRAIG, JAMES HANNA, MONIKA WHEELER. (Lemon, Patrick) |
| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 10, 2020 before Judge J. Nicholas Ranjan. Court Reporter Richard Ford, email: rtf6260@gmail.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/27/2020. Redaction Request due 12/11/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/18/2021. (rtf) |
Filing 33
ORDER regarding post-hearing briefing. As part of the parties' post-hearing briefs, they should also address whether the modified Pickering standard articulated by United States v. NTEU, 513 U.S. 454 (1995) applies, and if so, discuss the application of that standard to the pending motion. See Swartzwelder v. McNeilly, 297 F.3d 228, 235 (3d Cir. 2002) ("The present case differs from the typical Pickering/Connick case in that Order 537 restricts employee speech before it occurs, rather than penalizing employee speech after the fact. In view of this feature of Order 537, we agree with the District Court that United States v. National Treasury Employees Union (NTEU), 513 U.S. 454, 468, 115 S.Ct. 1003, 130 L.Ed.2d 964 (1995), is an instructive precedent."); Sabatini v. Las Vegas Metro. Police Dep't, 369 F. Supp. 3d 1066, 1095-96 (D. Nev. 2019) ("A facial challenge to a public-employer's policy that creates a prospective restriction on speech is similar to a retaliation claim, but it assesses the policy's impact on all prohibited employee speech rather than merely the plaintiff's interest in the specific speech that resulted in his discipline. Courts thus apply a modified version of the Pickering framework."). Signed by Judge J. Nicholas Ranjan on 11/20/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jm)
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Filing 32
ORDER. As stated on the record during the 11/17/2020 Evidentiary Hearing, the parties are to submit optional post-hearing briefs by 12/8/2020. The parties may address any matter they wish as to the pending preliminary-injunction motion, but should, at a minimum, address Defendant's spoliation argument, and also more generally whether the Defendant must provide evidence of actual disruption due to the wearing of BLM masks. Signed by Judge J. Nicholas Ranjan on 11/17/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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Filing 31
ORDER. As stated on the record during the 11/17/2020 Evidentiary Hearing, the parties shall submit a joint motion for admission of hearing exhibits by 11/24/2020. The notice should identify all exhibits to which the parties agree as to admission, and note any objections as to exhibits to which no agreement could be reached. Signed by Judge J. Nicholas Ranjan on 11/17/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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| Filing 30 Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Evidentiary Hearing held on 11/17/2020. (Court Reporter: K. Earley) (Attachments: #1 Supplement) (av) |
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Filing 29
ORDER. As discussed with the parties, the hearing today has been converted to a videoconference hearing in light of current public-health conditions. Any member of the public wishing to observe may contact Chambers for the dial-in or video link information. Signed by Judge J. Nicholas Ranjan on 11/17/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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Filing 28
ORDER. The Evidentiary Hearing is hereby continued to 11/17/2020 at 9:30 AM in Courtroom 6C before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 11/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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| Filing 27 Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Evidentiary Hearing held on 11/10/2020. (Court Reporter: R. Ford) (av) |
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Filing 26
ORDER. The Evidentiary Hearing set for 11/10/2020 at 9:30 a.m. will now be conducted by videoconference. Counsel will receive a Zoom invitation by email before the hearing. See attached Order for further details. Signed by Judge J. Nicholas Ranjan on 11/6/2020. (av)
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| Filing 25 Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Telephonic Status Conference held on 11/6/2020. (Court Reporter: none) (av) |
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Filing 23
ORDER. Telephonic Status Conference set for 11/6/2020 at 12:00 PM before Judge J. Nicholas Ranjan. Dial-in instructions to follow. Signed by Judge J. Nicholas Ranjan on 11/6/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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Filing 22
ORDER. The Union shall file a brief in opposition to the Port Authority's #18 Motion to Dismiss, not to exceed 20 pages, by 11/13/2020. The Port Authority shall file a reply, not to exceed 10 pages, by 11/18/2020. The Court intends to decide the motion to dismiss concurrently with its decision on the pending #2 Motion for Preliminary Injunction. Signed by Judge J. Nicholas Ranjan on 11/6/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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| Filing 21 PRETRIAL MEMORANDUM by AMALGAMATED TRANSIT UNION LOCAL 85, SASHA CRAIG, JAMES HANNA, MONIKA WHEELER. (Lemon, Patrick) |
| Filing 20 PRETRIAL MEMORANDUM by PORT AUTHORITY OF ALLEGHENY COUNTY. (Attachments: #1 Exhibit A) (Gabriel, Brian) |
| Filing 19 BRIEF in Support re #18 Motion to Dismiss for Failure to State a Claim filed by PORT AUTHORITY OF ALLEGHENY COUNTY. (Gabriel, Brian) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PORT AUTHORITY OF ALLEGHENY COUNTY. (Attachments: #1 Proposed Order) (Gabriel, Brian) |
| Filing 17 First AMENDED COMPLAINT against PORT AUTHORITY OF ALLEGHENY COUNTY PORT AUTHORITY OF ALLEGHENY COUNTY answer due 11/17/2020, filed by AMALGAMATED TRANSIT UNION LOCAL 85. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Lemon, Patrick) |
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Filing 16
ORDER. Upon review of the Port Authority's #10 Partial MOTION to Dismiss for Lack of Jurisdiction, it appears to the Court that the parties are in agreement that the operative policy at-issue is the amended mask policy enacted by the Port Authority on September 16, 2020, which the Union contends in its briefing is also unconstitutional. The Court agrees with the Port Authority that the Union cannot amend its complaint through its briefing, and so will GRANT the motion to dismiss. However, the Court will also grant the Union's alternative request for leave to amend its complaint, and adjust the pre-hearing schedule as follows: The Union shall file an amended complaint, stating a claim against the operative mask policy, by 11/3/2020. The deadline for the parties to submit pre-hearing briefs, exhibits, and witness lists shall be extended until 11/5/2020. All other deadlines, including the date and time for the preliminary injunction hearing, shall remain unchanged. Signed by Judge J. Nicholas Ranjan on 11/2/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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| Filing 15 REPLY BRIEF re #10 Motion to Dismiss/Lack of Jurisdiction filed by PORT AUTHORITY OF ALLEGHENY COUNTY. (Gabriel, Brian) |
| Filing 14 RESPONSE IN OPPOSITION to #11 Brief in Support of Motion, #10 Motion to Dismiss/Lack of Jurisdiction, filed by AMALGAMATED TRANSIT UNION LOCAL 85, SASHA CRAIG, JAMES HANNA, MONIKA WHEELER. (Lemon, Patrick) |
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Filing 13
ORDER Response/Briefing Schedule re #10 Motion to Dismiss/Lack of Jurisdiction. Response to Motion due by 10/28/2020. Brief shall not exceed 15 pages. Reply due by 10/30/2020. Brief shall not exceed 5 pages. Signed by Judge J. Nicholas Ranjan on 10/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #12 Answer to Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 10/28/2020. (jjg) |
| Remark: Disclosure statement does not need to be filed since the party is a governmental agency. (ept) |
| Filing 12 ANSWER to #1 Complaint, and Affirmative Defenses by PORT AUTHORITY OF ALLEGHENY COUNTY. (Gabriel, Brian) |
| Filing 11 BRIEF in Support re #10 Motion to Dismiss/Lack of Jurisdiction filed by PORT AUTHORITY OF ALLEGHENY COUNTY. (Gabriel, Brian) |
| Filing 10 Partial MOTION to Dismiss for Lack of Jurisdiction by PORT AUTHORITY OF ALLEGHENY COUNTY. (Attachments: #1 Exhibit Cetra Affidavit, #2 Proposed Order) (Gabriel, Brian) |
| Filing 9 NOTICE of Appearance by Gregory J. Krock on behalf of PORT AUTHORITY OF ALLEGHENY COUNTY. (Krock, Gregory) |
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Filing 8
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 10/9/2020; Amended Pleadings due by 10/12/2020; Joinder of Parties due by 10/12/2020; Preliminary Injunction Hearing set for 11/10/2020 at 09:30 AM in Courtroom 6C before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 10/6/2020. (av)
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| Filing 7 Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Telephonic Status Conference held on 10/6/2020. (Court Reporter: none) (av) |
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Filing 5
ORDER. Telephonic Status Conference set for 10/6/2020 at 02:30 PM before Judge J. Nicholas Ranjan. Dial-in instructions will follow this Order. Signed by Judge J. Nicholas Ranjan on 10/2/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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| Filing 4 NOTICE of Appearance by Brian P. Gabriel on behalf of PORT AUTHORITY OF ALLEGHENY COUNTY. (Gabriel, Brian) |
| Filing 3 BRIEF in Support re #2 Motion for Preliminary Injunction filed by AMALGAMATED TRANSIT UNION LOCAL 85, SASHA CRAIG, JAMES HANNA, MONIKA WHEELER. (Pass, Joseph) |
| Filing 2 MOTION for Preliminary Injunction by AMALGAMATED TRANSIT UNION LOCAL 85, SASHA CRAIG, JAMES HANNA, MONIKA WHEELER. (Attachments: #1 Affidavit, #2 Proposed Order) (Pass, Joseph) |
| Filing 1 COMPLAINT against PORT AUTHORITY OF ALLEGHENY COUNTY (Filing fee, including Administrative fee, $400, receipt number APAWDC-5953924), filed by JAMES HANNA, AMALGAMATED TRANSIT UNION LOCAL 85, SASHA CRAIG, MONIKA WHEELER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (jjg) |
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