BASSETT et al v. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.
| WILLIAM BASSETT, JOHN MILLER, ASHLEY MILLER, BRENT CONKLIN, JOHN MCMULLEN, MICHELLE MCMULLEN, JEREMY SPONTAK, BENNY BUTLER, TAMMY BUTLER, PATRICK CARFLEY, VALARIE CARFLEY, AARON RODGERS, ALMA RODGERS, HOWARD FORREST, SHANNON HERRING, SYLVIA NORONHA and BRIDGET CONKLIN |
| PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. |
| KYLE MARTIN |
| 3:2022cv00006 |
| January 7, 2022 |
| US District Court for the Western District of Pennsylvania |
| Stephanie L Haines |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 43
OPINION AND ORDER denying #2 Motion for Preliminary Injunction, and as more fully stated in said Opinion and Order. Signed by Judge Stephanie L. Haines on 2/11/2022. (dlg)
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Filing 42
Appendix by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Attachments: #1 Exhibit P12 (Appendix #1), #2 Exhibit P15 (Appendix #2), #3 Exhibit P16 (Appendix #3), #4 Exhibit Defendant A (Appendix #4), #5 Exhibit Defendant B (Appendix #5), #6 Exhibit Defendant C (Appendix #6), #7 Exhibit Defendant D (Appendix #7), #8 Exhibit Defendant F (Appendix #8), #9 Exhibit Defendant G (Appendix #9), #10 Exhibit Defendant H (Appendix #10), #11 Exhibit Defendant I (Appendix #11), #12 Exhibit Defendant J (Appendix #12-video not attached), #13 Exhibit Defendant K (Appendix #13), #14 Certificate of Service) (Steinour Young, Carol)
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Filing 41
BRIEF in Support re #2 Motion for Preliminary Injunction, filed by WILLIAM BASSETT, BENNY BUTLER, TAMMY BUTLER, PATRICK CARFLEY, VALARIE CARFLEY, BRENT CONKLIN, BRIDGET CONKLIN, HOWARD FORREST, SHANNON HERRING, KYLE MARTIN, JOHN MCMULLEN, MICHELLE MCMULLEN, ASHLEY MILLER, JOHN MILLER, SYLVIA NORONHA, AARON RODGERS, ALMA RODGERS, JEREMY SPONTAK. (Mazin, Joshua)
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Filing 40
BRIEF in Opposition to #2 MOTION for Preliminary Injunction, Post-Hearing filed by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Steinour Young, Carol)
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Filing 39
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Preliminary Injunction, Day 1, held on Wednesday, January 26, 2022 before Judge Stephanie L. Haines. Court Reporter Shirley Hall, email: shirleyhall_uscra@yahoo.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 2/9/2022. Redaction Request due 2/23/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/3/2022. (sah)
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Filing 38
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Preliminary Injunction, Day 2, held on Friday, January 28, 2022, before Judge Stephanie L. Haines. Court Reporter Shirley Hall, email: shirleyhall_uscra@yahoo.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 2/7/2022. Redaction Request due 2/22/2022. Redacted Transcript Deadline set for 3/3/2022. Release of Transcript Restriction set for 5/2/2022. (sah)
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Filing 37
ORDER denying #30 Motion for Contempt. Plaintiffs' motion is hereby DENIED as Plaintiffs failed to show Mr. Martin's testimony is relevant to the preliminary injunction proceedings, and as further stated in Court at the hearing held this day. Signed by Judge Stephanie L. Haines on 1/28/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sas)
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Filing 36
Minute Entry for proceedings held before Judge Stephanie L. Haines: Hearing held on 1/28/2022 re #2 MOTION for Preliminary Injunction filed by BENNY BUTLER, JOHN MCMULLEN, WILLIAM BASSETT, PATRICK CARFLEY, HOWARD FORREST, TAMMY BUTLER, ALMA RODGERS, VALARIE CARFLEY, MICHELLE MCMULLEN, SHANNON HERRING, AARON RODGERS, SYLVIA NORONHA, JOHN MILLER, BRENT CONKLIN, ASHLEY MILLER, JEREMY SPONTAK. Court reconvened to continue the hearing on Plaintiffs' Motion for Preliminary Injunction (ECF No. #2 ). As a preliminary issue, the Court determined Plaintiffs served a subpoena to attend and testify to non-party witness Kyle Martin, but ultimately, Mr. Martin's testimony was not relevant to this matter and the Court would not compel his attendance in these proceedings. Plaintiffs then called witnesses Kyle Swyczek and Scott Seltzer, who testified via Zoom video conference, and then rested their case. Defendant called witnesses William Marshall and Dr. Robert Lombardi, who both testified in person, and Robert Hartman, who testified via Zoom video conference. The Court admitted the parties' agreed to set of exhibits, which comprised of Defendant's Exhibits A-K with the exception of Exhibit E and Plaintiffs' Exhibits P-12, 15, and 16. Plaintiffs may email the redacted version of exhibits to the Court for the record. The parties each presented oral argument at the close of the hearing. The Court indicated the parties may have until February 2, 2022 to file their post-hearing briefs. The Court will hold the matter under advisement and will issue a ruling in advance of individual post-season competition. (Court Reporter: Shirley Hall) (sas)
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Filing 35
NOTICE of Appearance by Joseph W. Cavrich on behalf of KYLE MARTIN. (Cavrich, Joseph)
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Filing 34
RESPONSE IN OPPOSITION to #30 Motion for Contempt, filed by KYLE MARTIN. (Rankin, Casey)
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Filing 33
NOTICE of Appearance by Casey Rankin on behalf of KYLE MARTIN. (Rankin, Casey)
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Filing 32
ORDER OF COURT - IT IS HEREBY ORDERED that KYLE MARTIN shall appear via Zoom at 10:00 A.M. on January 28, 2022 in this Court to show why he should not be found in contempt of Court for his failure to comply with the Subpoena. Counsel for Plaintiffs is ordered to serve Mr. Martin and/or his counsel with a copy of this Order and provide Mr. Martin and/or his counsel with the Zoom link invitation information to allow for his attendance in these proceedings. In lieu of the Court conducting a hearing pursuant to this Order to Show Cause, Mr. Martin may appear and testify in this matter via Zoom at the aforementioned date and time, and as more fully stated in said Order of Court. Signed by Judge Stephanie L. Haines on 1/27/2022. (dlg)
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Filing 31
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Preliminary Injunction, excerpted witness testimony of Dave Crowell, Ben Clymer, Jeff Karam, and Matt Veres, held on Wednesday, January 26, 2022, before Judge Stephanie L. Haines. Court Reporter Shirley Hall, email: shirleyhall_uscra@yahoo.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 2/3/2022. Redaction Request due 2/17/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/27/2022. (sah)
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Filing 30
MOTION for Contempt For Failure to Comply with Subpoena by WILLIAM BASSETT, BENNY BUTLER, TAMMY BUTLER, PATRICK CARFLEY, VALARIE CARFLEY, BRENT CONKLIN, BRIDGET CONKLIN, HOWARD FORREST, SHANNON HERRING, JOHN MCMULLEN, MICHELLE MCMULLEN, ASHLEY MILLER, JOHN MILLER, SYLVIA NORONHA, AARON RODGERS, ALMA RODGERS, JEREMY SPONTAK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Mazin, Joshua) Modified text on 1/27/2022. (lar)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #30 Motion for Contempt,. 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. (lar)
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Filing 29
Minute Entry for proceedings held before Judge Stephanie L. Haines: Hearing held on 1/26/2022 re #2 MOTION for Preliminary Injunction filed by BENNY BUTLER, JOHN MCMULLEN, WILLIAM BASSETT, PATRICK CARFLEY, HOWARD FORREST, TAMMY BUTLER, ALMA RODGERS, VALARIE CARFLEY, MICHELLE MCMULLEN, SHANNON HERRING, AARON RODGERS, SYLVIA NORONHA, JOHN MILLER, BRENT CONKLIN, ASHLEY MILLER, JEREMY SPONTAK. The Court convened for a hearing on Plaintiffs' Motion for Preliminary Injunction (ECF No. 2). Plaintiffs' witnesses Dave Crowell, Lee Pritts, Ben Clymer, Jeff Karam, and Matt Veres testified via Zoom video conference and Plaintiffs' witnesses Ashley Miller and Howard Forrest testified in person. The Court admitted Plaintiffs' P-12 and P-16 as exhibits but instructed Plaintiffs to provide appropriately redacted versions to the Court for the record. The Court also admitted the video marked as Defendant's Exhibit D-J. The Court advised the hearing will resume on Friday January 28, 2022 at 10:00 A.M. (Court Reporter: Shirley Hall) (sas)
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Filing 28
ORDER granting in part #27 Motion to Quash as follows: 1. Plaintiffs' Subpoenas directed to Scott Seltzer and Robert Hartman are QUASHED insofar as they request documents not in possession or control of these individuals; and, 2. Plaintiffs are directed to coordinate with Defendant an appropriate time for the testimony of said witnesses; and, 3. This order shall not prevent the parties from conducting fact discovery relating to the requested documents and further briefing on the issues raised by Defendant as to production of the requested documents. Signed by Judge Stephanie L. Haines on 1/25/22. (sas)
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Filing 27
MOTION to Quash Plaintiffs' Subpoenas by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B) (Boynton, Alan)
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Filing 26
TEXT ORDER - The Preliminary Injunction Hearing scheduled for Wednesday, January 26 and Friday, January 28 will be held in person in Courtroom A, 319 Washington Street, Johnstown, PA. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. Signed by Judge Stephanie L. Haines on 1/25/2022. (dlg)
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Filing 25
STIPULATION of Facts by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Boynton, Alan)
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Filing 24
ORDER RE: Rule (12(b) Motions (details more fully stated in said Order). Signed by Judge Stephanie L. Haines on 01/24/2022. (dag)
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Filing 23
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (dag)
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Filing 22
First AMENDED COMPLAINT against PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. answer due 3/25/2022, filed by MICHELLE MCMULLEN; BRIDGET CONKLIN; VALARIE CARFLEY; BRENT CONKLIN; TAMMY BUTLER; WILLIAM BASSETT; JEREMY SPONTAK; AARON RODGERS; SHANNON HERRING; HOWARD FORREST; ALMA RODGERS; JOHN MILLER; JOHN MCMULLEN; BENNY BUTLER; PATRICK CARFLEY; SYLVIA NORONHA; ASHLEY MILLER. (Mazin, Joshua)
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Filing 21
Exhibit List of Plaintiffs by WILLIAM BASSETT, BENNY BUTLER, TAMMY BUTLER, PATRICK CARFLEY, VALARIE CARFLEY, BRENT CONKLIN, BRIDGET CONKLIN, HOWARD FORREST, SHANNON HERRING, JOHN MCMULLEN, MICHELLE MCMULLEN, ASHLEY MILLER, JOHN MILLER, SYLVIA NORONHA, AARON RODGERS, ALMA RODGERS, JEREMY SPONTAK. (Mazin, Joshua)
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Filing 20
Witness List by WILLIAM BASSETT, BENNY BUTLER, TAMMY BUTLER, PATRICK CARFLEY, VALARIE CARFLEY, BRENT CONKLIN, BRIDGET CONKLIN, HOWARD FORREST, SHANNON HERRING, JOHN MCMULLEN, MICHELLE MCMULLEN, ASHLEY MILLER, JOHN MILLER, SYLVIA NORONHA, AARON RODGERS, ALMA RODGERS, JEREMY SPONTAK. (Mazin, Joshua)
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Filing 19
Exhibit List for Defendant PIAA by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Steinour Young, Carol)
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Filing 18
Witness List by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Steinour Young, Carol)
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Filing 17
BRIEF in Opposition to #2 MOTION for Preliminary Injunction , filed by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Attachments: #1 Appendix Appendix A-H) (Boynton, Alan)
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Filing 16
ORDER - Upon consideration of Defendant Pennsylvania Interscholastic Athletic Associations' Motion for Continuance of Preliminary Injunction Hearing (ECF No. #15 ), it is hereby ordered that the Motion is GRANTED in part as the Preliminary Injunction Hearing in this matter is hereby rescheduled for 10:00 a.m. on January 26 and 28, 2022. All further requested relief is DENIED. IT IS FURTHER ORDERED that all other deadlines set forth in the Court's January 13, 2022 Scheduling Order (ECF No. #14 ) shall remain in place. Signed by Judge Stephanie L. Haines on 1/19/2022. (dlg)
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Filing 15
MOTION to Continue Preliminary Injunction Hearing by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. (Attachments: #1 Exhibit A, #2 Proposed Order) (Chilson, Dana)
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Filing 14
ORDER OF COURT - Consistent with the telephone status conference held on this date, IT IS HEREBY ORDERED that: 1) Defendant shall file a Response to Plaintiffs' Motion for Preliminary Injunction (ECF No. #2 ) on or before January 19, 2022; 2) A hearing on Plaintiffs' Motion for Preliminary Injunction (ECF No. #2 ) is scheduled for 10:00 a.m. on January 25 and 26, 2022 and shall take place via Zoom video conference due to the continuing COVID-19 pandemic. Counsel of record shall receive the Zoom invitation information via email and are responsible for distributing such information to all witnesses and for ensuring that all witnesses are able to appear via Zoom; 3) On or before January 21, 2022, the parties shall file and exchange witness lists and exhibit lists. The parties shall also mark and exchange copies of all exhibits, and Counsel shall provide the Court with an electronic exhibit binder by close of business on January 21, 2022 via email to Haines_Chambers@pawd.uscourts.gov; 4) Any and all joint stipulations shall be filed on or before January 24, 2022; and 5) The parties shall file post-hearing briefs on or before January 31, 2022. Signed by Judge Stephanie L. Haines on 1/13/2022. (dlg)
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Filing 13
Minute Entry for proceedings held before Judge Stephanie L. Haines: Telephonic Status Conference held on 1/13/2022. The Court convened the status conference to discuss specific dates relating to the pending motion for a preliminary injunction (ECF No. #2 ). The parties agreed February 15, 2022 would be the first date to impact the students' interscholastic competition. Based on the parties' representations regarding the amount of time needed to present their respective cases, the Court will schedule two days for the hearing on Plaintiffs' motion for preliminary injunction (ECF No. #2 ). The Court indicated it will issue a scheduling order in this matter, and the conference ended. Appropriate order to follow. (Court Reporter: Barbara Loch) (sas)
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Filing 12
WAIVER OF SERVICE Returned Executed by MICHELLE MCMULLEN, BRIDGET CONKLIN, VALARIE CARFLEY, BRENT CONKLIN, TAMMY BUTLER, WILLIAM BASSETT, JEREMY SPONTAK, AARON RODGERS, SHANNON HERRING, HOWARD FORREST, ALMA RODGERS, JOHN MILLER, JOHN MCMULLEN, BENNY BUTLER, PATRICK CARFLEY, SYLVIA NORONHA, ASHLEY MILLER. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. waiver sent on 1/10/2022, answer due 3/11/2022. (Mazin, Joshua)
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Filing 11
NOTICE of Appearance by Elizabeth M. Smith on behalf of PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Smith, Elizabeth)
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Filing 10
NOTICE of Appearance by Carol Steinour Young on behalf of PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Steinour Young, Carol)
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Filing 9
NOTICE of Appearance by Alan R. Boynton, Jr on behalf of PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Boynton, Alan)
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Filing 8
Disclosure Statement identifying None as corporate parent or other affiliate, by PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Chilson, Dana)
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Filing 7
NOTICE of Appearance by Dana Windisch Chilson on behalf of PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.. (Chilson, Dana)
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Filing 6
ORDER OF COURT. It is hereby ordered that a telephonic status conference is set for 1/13/2022 at 01:30 PM before Judge Stephanie L. Haines regarding #2 Motion for Preliminary Injunction. Plaintiffs' counsel will receive the dial in information for the telephonic status conference via email and is ordered to make service of this order and the dial in information to Defendant's counsel. Signed by Judge Stephanie L. Haines on 1/11/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sas)
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Filing 5
Errata re #4 Brief in Opposition to Motion, by WILLIAM BASSETT, BENNY BUTLER, TAMMY BUTLER, PATRICK CARFLEY, VALARIE CARFLEY, BRENT CONKLIN, HOWARD FORREST, SHANNON HERRING, JOHN MCMULLEN, MICHELLE MCMULLEN, ASHLEY MILLER, JOHN MILLER, SYLVIA NORONHA, AARON RODGERS, ALMA RODGERS, JEREMY SPONTAK. Reason for Correction: Should be Brief in Support of Motion. (Mazin, Joshua) Modified text on 1/11/2022 removed from public view. Duplicate entry to #4 . Entry to #4 corrected. (lar)
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Filing 4
BRIEF in Support re #2 Motion for Preliminary Injunction, filed by WILLIAM BASSETT, BENNY BUTLER, TAMMY BUTLER, PATRICK CARFLEY, VALARIE CARFLEY, BRENT CONKLIN, HOWARD FORREST, SHANNON HERRING, JOHN MCMULLEN, MICHELLE MCMULLEN, ASHLEY MILLER, JOHN MILLER, SYLVIA NORONHA, AARON RODGERS, ALMA RODGERS, JEREMY SPONTAK. (Mazin, Joshua) Modified text on 1/11/2022. (lar)
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Filing 3
Errata re #2 Motion for Preliminary Injunction, by WILLIAM BASSETT, BENNY BUTLER, TAMMY BUTLER, PATRICK CARFLEY, VALARIE CARFLEY, BRENT CONKLIN, HOWARD FORREST, SHANNON HERRING, JOHN MCMULLEN, MICHELLE MCMULLEN, ASHLEY MILLER, JOHN MILLER, SYLVIA NORONHA, AARON RODGERS, ALMA RODGERS, JEREMY SPONTAK. Reason for Correction: Missing case number on document. (Mazin, Joshua)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #2 Motion for Preliminary Injunction. ERROR: Case number is missing on both documents. CORRECTION: Attorney is directed to file an Errata with case number added and link it to #2 . CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised to file the Brief in Support as a separate event and link it to the Motion, not as an attachment to the Motion. (lar)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #2 Motion for Preliminary Injunction, #3 Errata re #2 Motion for Preliminary Injunction. ERROR: Exhibits were made part of main document. CORRECTION: Attorney advised that IN FUTURE FILINGS, each Exhibit is to be separately filed as an attachment to the main document. This message is for informational purposes only. (lar)
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Filing 2
MOTION for Preliminary Injunction by WILLIAM BASSETT, BENNY BUTLER, TAMMY BUTLER, PATRICK CARFLEY, VALARIE CARFLEY, BRENT CONKLIN, HOWARD FORREST, SHANNON HERRING, JOHN MCMULLEN, MICHELLE MCMULLEN, ASHLEY MILLER, JOHN MILLER, SYLVIA NORONHA, AARON RODGERS, ALMA RODGERS, JEREMY SPONTAK. (Attachments: #1 Memo of Law in Support of Motion) (Mazin, Joshua) Modified text on 1/11/2022 to add linkage to Errata filed at #3 . (lar)
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Filing 1
COMPLAINT against PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. (Filing fee, including Administrative fee, $402, receipt number 34668005805), filed by MICHELLE MCMULLEN, VALARIE CARFLEY, BRENT CONKLIN, TAMMY BUTLER, WILLIAM BASSETT, JEREMY SPONTAK, AARON RODGERS, SHANNON HERRING, HOWARD FORREST, ALMA RODGERS, JOHN MILLER, JOHN MCMULLEN, BENNY BUTLER, PATRICK CARFLEY, SYLVIA NORONHA, ASHLEY MILLER. (Attachments: #1 Civil Cover Sheet, #2 Receipt) (lar)
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