ZICCARELLI v. THE ALLEGHENY COUNTY BOARD OF ELECTIONS et al
| NICOLE ZICCARELLI |
| BETHANY HALLAM, RICH FITZGERALD, THE ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO and KATHY BOOCKVAR |
| PENNSYLVANIA DEMOCRATIC PARTY and JAMES BREWSTER |
| JAKE CORMAN, KIM L. WARD, KERRY BENNINGHOFF and BRYAN CUTLER |
| 2:2020cv01831 |
| November 25, 2020 |
| US District Court for the Western District of Pennsylvania |
| J Nicholas Ranjan |
| Civil Rights: Voting |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on January 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 74 JUDGMENT pursuant to Rule 58 entered in favor of Defendants and Intervenors and against NICOLE ZICCARELLI. Signed by Judge J. Nicholas Ranjan on 1/12/2021. (av) |
Filing 73
ORDER denying #46 Motion for Summary Judgment; granting #52 Motion for Summary Judgment; granting #56 Motion for Summary Judgment; granting #58 Motion for Summary Judgment. Signed by Judge J. Nicholas Ranjan on 1/12/2021. (av)
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| Filing 72 OPINION re: cross-motions for summary judgment. Signed by Judge J. Nicholas Ranjan on 1/12/2021. (av) |
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Filing 71
NOTICE. As an update to the parties, the Court's decision on the pending motions will now be issued on 1/12/21, before 12:00 p.m. This notice is a courtesy to the parties and public, and is for informational-purposes only. The parties should not take any action in response to this order. Signed by Judge J. Nicholas Ranjan on 1/11/2021. 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 70
NOTICE. Given the time-sensitive nature of this case, the Court notifies the parties that it is aiming to issue its decision on the pending Cross Motions for Summary Judgment and Motions to Dismiss by Monday, 1/11/2021. This notice is a courtesy to the parties and public, and is for informational-purposes only. The parties should not take any action in response to this order. The Court will issue an additional notice if the decision is delayed beyond Monday. Signed by Judge J. Nicholas Ranjan on 1/9/2021. 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 69 REPLY BRIEF re #58 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim,, Motion for Summary Judgment, filed by KATHY BOOCKVAR. (Hangley, Michele) |
| Filing 68 Appendix to #67 Reply Brief by JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Appendix) (Levine, Clifford) |
| Filing 67 REPLY BRIEF re #52 Motion to Dismiss,, Motion for Summary Judgment, filed by JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Certificate of Service) (Levine, Clifford) |
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Filing 66
ORDER granting #61 Motion for attorney Jason B. Torchinsky to Appear Pro Hac Vice; granting #62 Motion for attorney Dallin B. Holt to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 1/7/2021. 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 65 REPLY BRIEF re #46 Motion for Summary Judgment filed by NICOLE ZICCARELLI. (Voss, Joshua) |
| Filing 64 Proposed Order by KERRY BENNINGHOFF, JAKE CORMAN, BRYAN CUTLER, KIM L. WARD. (Torchinsky, Jason) |
| Filing 63 Proposed Order by KERRY BENNINGHOFF, JAKE CORMAN, BRYAN CUTLER, KIM L. WARD. (Holt, Dallin) |
| Filing 62 MOTION for attorney Dallin B. Holt to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6220064) by KERRY BENNINGHOFF, JAKE CORMAN, BRYAN CUTLER, KIM L. WARD. (Attachments: #1 Affidavit, #2 Exhibit) (Holt, Dallin) Modified on 1/6/2021 (jjg). |
| Filing 61 MOTION for attorney Jason B. Torchinsky to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6220035) by KERRY BENNINGHOFF, JAKE CORMAN, BRYAN CUTLER, KIM L. WARD. (Attachments: #1 Affidavit, #2 Exhibit) (Torchinsky, Jason) Modified on 1/6/2021 (jjg). |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #62 Motion to Appear Pro Hac Vice, #61 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (jjg) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #56 Motion to Dismiss. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for Summary Judgment. This message is for informational purposes only. (jjg) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #52 Motion to Dismiss. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for Summary Judgment. This message is for informational purposes only. (jjg) |
| Filing 60 Appendix to #58 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim,, Motion for Summary Judgment, by KATHY BOOCKVAR. (Attachments: #1 Exhibit 1) (Hangley, Michele) |
| Filing 59 BRIEF in Support re #58 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim,, Motion for Summary Judgment, filed by KATHY BOOCKVAR. (Hangley, Michele) |
| Filing 58 MOTION to Dismiss for Lack of Jurisdiction or, in the alternative, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative, MOTION for Summary Judgment by KATHY BOOCKVAR. (Attachments: #1 Proposed Order) (Hangley, Michele) |
| Filing 57 BRIEF in Support re #56 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment filed by SAMUEL DEMARCO, RICH FITZGERALD, BETHANY HALLAM, THE ALLEGHENY COUNTY BOARD OF ELECTIONS. (Liebenguth, Frances) |
| Filing 56 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment re #29 Amended Complaint by SAMUEL DEMARCO, RICH FITZGERALD, BETHANY HALLAM, THE ALLEGHENY COUNTY BOARD OF ELECTIONS. (Attachments: #1 Proposed Order, #2 Certificatae of Conferral) (Liebenguth, Frances). Added MOTION for Summary Judgment on 1/4/2021 (jjg). |
| Filing 55 Appendix B to #52 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment by JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Exhibit) (Levine, Clifford) Modified on 1/4/2021 (jjg). |
| Filing 54 Appendix A to #52 MOTION to Dismiss MOTION to Dismiss or in the Alternative, Motion for Summary Judgment by JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Levine, Clifford) Modified on 1/4/2021 (jjg). |
| Filing 53 BRIEF in Support re #52 Motion to Dismiss or in the Alternative, Summary Judgment filed by JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Certificate of Service) (Levine, Clifford) |
| Filing 52 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment by JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Levine, Clifford). Added MOTION for Summary Judgment on 1/4/2021 (jjg). |
| Filing 51 AMICUS BRIEF in Support of #29 Amended Complaint filed by Kerry Benninghoff, JAKE CORMAN, Bryan Cutler, KIM L. WARD. (Wallen, Zachary) Modified on 12/28/2020 (jjg). |
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Filing 50
ORDER granting #49 Motion for Leave to File Amicus Brief. Signed by Judge J. Nicholas Ranjan on 12/23/2020. (av)
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| Filing 49 MOTION for Leave to File Amicus Brief by Bryan Cutler, Kerry Benninghoff, JAKE CORMAN, KIM L. WARD. (Attachments: #1 Amici Curiae Brief, #2 Proposed Order) (Wallen, Zachary) |
| Filing 48 Appendix to #46 Motion for Summary Judgment by NICOLE ZICCARELLI. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Declaration) (Voss, Joshua) |
| Filing 47 BRIEF in Support re #46 Motion for Summary Judgment filed by NICOLE ZICCARELLI. (Voss, Joshua) |
| Filing 46 MOTION for Summary Judgment by NICOLE ZICCARELLI. (Attachments: #1 Proposed Order) (Voss, Joshua) |
| Filing 45 STIPULATION OF UNDISPUTED FACTS by NICOLE ZICCARELLI. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K) (Voss, Joshua) |
| Filing 44 NOTICE of Appearance by Marco S. Attisano on behalf of JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attisano, Marco) |
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Filing 43
SCHEDULING ORDER. See attached order for details. Signed by Judge J. Nicholas Ranjan on 12/14/2020. (av)
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| Filing 42 RESPONSE to #39 Status Report by SAMUEL DEMARCO, RICH FITZGERALD, BETHANY HALLAM, THE ALLEGHENY COUNTY BOARD OF ELECTIONS. (Scott, Virginia) Modified on 12/14/2020 (jjg). |
| Filing 41 RESPONSE to #39 Status Report, filed by KATHY BOOCKVAR. (Hangley, Michele) |
| Filing 40 RESPONSE to #39 Status Report, filed by JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Levine, Clifford) |
| Filing 39 STATUS REPORT PER COURT ORDER DATED 12/10/2020 by NICOLE ZICCARELLI. (Voss, Joshua) |
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Filing 38
ORDER. Given the apparent time-sensitive nature of Ms. Ziccarelli's claims, it is hereby ORDERED that Ms. Ziccarelli shall file a status report by 12/11/20, stating: (1) whether she intends to proceed with this case following the Court's denial of her motion for a temporary restraining order; (2) whether she intends to present her claims to the Court in an expedited fashion; and, if so; (3) a proposal as to procedural manner and timeline in which she intends to present any claims. Defendants and Intervenors may submit any response to the status report addressing these same matters by 12/12/20. Signed by Judge J. Nicholas Ranjan on 12/10/2020. 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 37
ORDER granting #35 Motion for attorney Samantha G. Zimmer to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 12/7/2020. 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 36
ORDER granting #34 Motion for attorney James G. Gorman III to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 12/4/2020. 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 35 MOTION for attorney Samantha G. Zimmer to Appear Pro Hac Vice, (Filing fee $70, Receipt # BPAWDC-6133119) by NICOLE ZICCARELLI. (Attachments: #1 Exhibit, #2 Proposed Order) (Zimmer, Samantha) |
| Filing 34 MOTION for attorney James G. Gorman III to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6130091) by NICOLE ZICCARELLI. (Attachments: #1 Exhibit, #2 Proposed Order) (Gorman, James) |
| Filing 33 NOTICE of Appearance by Kyle J. Semroc on behalf of JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Certificate of Service) (Semroc, Kyle) |
| Filing 32 NOTICE of Appearance by Alex M. Lacey on behalf of JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Certificate of Service) (Lacey, Alex) |
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Filing 31
ORDER granting #28 Motion for attorney Shohin H. Vance to Appear Pro Hac Vice; granting #30 Motion for attorney Eric J. Schreiner to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 12/2/2020. 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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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #19 Notice of Appearance, #18 Notice of Appearance. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (cel) |
| Filing 30 MOTION for attorney Eric J. Schreiner to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6123809) by NICOLE ZICCARELLI. (Attachments: #1 Exhibit, #2 Proposed Order) (Schreiner, Eric) |
| Filing 29 First AMENDED COMPLAINT against All Defendants, filed by NICOLE ZICCARELLI. (Attachments: #1 Exhibit) (Voss, Joshua) |
| Filing 28 MOTION for attorney Shohin H. Vance to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6123394) by NICOLE ZICCARELLI. (Attachments: #1 Exhibit, #2 Proposed Order) (Vance, Shohin) |
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Filing 27
ORDER granting #22 Motion for attorney Matthew H. Haverstick to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 12/1/2020. 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 26 WAIVER OF SERVICE Returned Executed by NICOLE ZICCARELLI. BETHANY HALLAM waiver sent on 11/27/2020, answer due 1/26/2021. (Voss, Joshua) |
| Filing 25 WAIVER OF SERVICE Returned Executed by NICOLE ZICCARELLI. SAMUEL DEMARCO waiver sent on 11/27/2020, answer due 1/26/2021. (Voss, Joshua) |
| Filing 24 WAIVER OF SERVICE Returned Executed by NICOLE ZICCARELLI. RICH FITZGERALD waiver sent on 11/27/2020, answer due 1/26/2021. (Voss, Joshua) |
| Filing 23 WAIVER OF SERVICE Returned Executed by NICOLE ZICCARELLI. THE ALLEGHENY COUNTY BOARD OF ELECTIONS waiver sent on 11/27/2020, answer due 1/26/2021. (Voss, Joshua) |
| Filing 22 MOTION for attorney Matthew H. Haverstick to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6120519) by NICOLE ZICCARELLI. (Attachments: #1 Exhibit, #2 Proposed Order) (Haverstick, Matthew) |
| Filing 21 WAIVER OF SERVICE Returned Executed by NICOLE ZICCARELLI. KATHY BOOCKVAR waiver sent on 11/27/2020, answer due 1/26/2021. (Voss, Joshua) |
| Filing 20 NOTICE of Appearance by Karen Mascio Romano on behalf of KATHY BOOCKVAR. (Romano, Karen) |
| Filing 19 ERROR: SIGNATURE AND FILER DO NOT MATCH; NOTICE of Appearance by Kyle J. Semroc on behalf of JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Certificate of Service) (Semroc, Kyle) Modified on 12/2/2020 (cel). |
| Filing 18 ERROR: SIGNATURE AND FILER DO NOT MATCH; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW: NOTICE of Appearance by Alex M. Lacey on behalf of JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Certificate of Service) (Lacey, Alex) Modified on 12/2/2020 (cel). |
| Filing 17 NOTICE of Appearance by Clifford B. Levine on behalf of JAMES BREWSTER, PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: #1 Certificate of Service) (Levine, Clifford) |
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Filing 16
ORDER granting #13 Motion for attorney Michele D. Hangley to Appear Pro Hac Vice; granting #14 Motion for attorney Robert A. Wiygul to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 11/30/2020. 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 #14 Motion to Appear Pro Hac Vice, #13 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jjg) |
| Filing 15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Telephonic Oral Argument held on November 25, 2020 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 12/3/2020. Redaction Request due 12/17/2020. Redacted Transcript Deadline set for 12/28/2020. Release of Transcript Restriction set for 2/24/2021. (kme) Modified on 12/7/2020 (jjg). Modified on 12/29/2020 (jjg). |
| Filing 14 MOTION for attorney Robert A. Wiygul to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6115207) by KATHY BOOCKVAR. (Wiygul, Robert) |
| Filing 13 MOTION for attorney Michele D. Hangley to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6115204) by KATHY BOOCKVAR. (Hangley, Michele) |
| Filing 12 NOTICE of Appearance by Mark A. Aronchick on behalf of KATHY BOOCKVAR. (Aronchick, Mark) |
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Filing 11
ORDER denying #2 Motion for TRO for the reasons stated on the record during the 11/25/2020 Telephonic Hearing. Signed by Judge J. Nicholas Ranjan on 11/25/2020. 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 10
ORDER granting 9 Motion to Intervene. Signed by Judge J. Nicholas Ranjan on 11/25/2020. 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 9 ORAL MOTION to Intervene by PENNSYLVANIA DEMOCRATIC PARTY, JAMES BREWSTER. (av) |
| Filing 8 Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Telephonic Status Conference held on 11/25/2020. (Court Reporter: K. Earley) (av) |
| Filing 7 NOTICE of Appearance by Frances M. Liebenguth on behalf of SAMUEL DEMARCO, RICH FITZGERALD, BETHANY HALLAM, THE ALLEGHENY COUNTY BOARD OF ELECTIONS. (Liebenguth, Frances) |
| Filing 6 NOTICE of Appearance by Andrew F. Szefi on behalf of SAMUEL DEMARCO, RICH FITZGERALD, BETHANY HALLAM, THE ALLEGHENY COUNTY BOARD OF ELECTIONS. (Szefi, Andrew) |
| Filing 5 NOTICE of Appearance by Virginia Spencer Scott on behalf of SAMUEL DEMARCO, RICH FITZGERALD, BETHANY HALLAM, THE ALLEGHENY COUNTY BOARD OF ELECTIONS. (Scott, Virginia) |
| Filing 4 Summons Issued as to KATHY BOOCKVAR, SAMUEL DEMARCO, RICH FITZGERALD, BETHANY HALLAM, THE ALLEGHENY COUNTY BOARD OF ELECTIONS (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons) (jjg) |
| Filing 3 BRIEF in Support re #2 Motion for TRO, Motion for Preliminary Injunction filed by NICOLE ZICCARELLI. (jjg) |
| Filing 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by NICOLE ZICCARELLI. (Attachments: #1 Proposed Order) (jjg) |
| Filing 1 COMPLAINT against KATHY BOOCKVAR, SAMUEL DEMARCO, RICH FITZGERALD, BETHANY HALLAM, THE ALLEGHENY COUNTY BOARD OF ELECTIONS (Filing fee, including Administrative fee, $400, receipt number APAWDC-6113771), filed by NICOLE ZICCARELLI. (Attachments: #1 Civil Cover Sheet) (jjg) |
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