Case: Prison Legal News v. Pennsylvania Department of Corrections

PLN v. Pennsylvania Department of Corrections

U.S. Court of Appeals for the Third Circuit

ECF FILER: ENTRY OF APPEARANCE from Jonathan J. Bart on behalf of Appellee(s) Phelan Hallinan & Schmieg LLP. [14-3704, 15-1769] (JJB)

Submit Notification for Friday, 12/11/2015. [14-3704, 15-1769] (TLG)

Amended Submit Notification for Thursday, 12/11/2015. [14-3704, 15-1769] (TLG)

COURT MINUTES OF ARGUED/SUBMITTED CASES. [14-2981, 14-3704, 15-1769, 15-1003, 15-1109, 15-1852, 15-2034] (TLG)

NOT PRECEDENTIAL OPINION Coram: FUENTES, CHAGARES and GREENBERG, Circuit Judges. Total Pages: 9. Judge: CHAGARES Authoring. [14-3704, 15-1769] (CLW)

JUDGMENT, ORDERED AND ADJDUGED by this Court that the judgments of the District Court entered July 22, 2014 and February 25, 2015 be and are AFFIRMED. Costs shall be taxed against appellant. All of the above in accordance with the Opinion of this Court.. [14-3704, 15-1769] (CLW)

ECF FILER: Petition filed by Appellant Kim Potoczny in 14-3704, 15-1769 for Rehearing before Original Panel. Certificate of Service dated 01/04/2016. [14-3704, 15-1769] (DEP)

ORDER (FUENTES, CHAGARES and GREENBERG, Circuit Judges) denying Petition for Panel Rehearing filed by Appellant Kim Potoczny, filed. Chagares, Authoring Judge. [15-1769, 14-3704] (CLW)

MANDATE ISSUED, filed. [14-3704, 15-1769] (CLW)

CIVIL CASE DOCKETED. Notice filed by Appellant Theodore H. Frank in District Court No. 1-12-md-02358. (MLR)

ECF FILER: ENTRY OF APPEARANCE from Adam E. Schulman on behalf of Appellant(s) Theodore H. Frank. (AES)

ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Theodore H. Frank, filed. (AES)

ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Theodore H. Frank, filed. (AES)

ECF FILER: Concise Summary of the Case filed by Appellant Theodore H. Frank, received. (AES)

ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Theodore H. Frank advising this court that transcripts are needed. Requested date(s) are: 1/11/2017, to be filed by Valerie Gunning. (AES)

ECF FILER: ENTRY OF APPEARANCE from Brian R. Strange on behalf of Appellee(s) Jose M. Bermudez, Nicholas Todd Heinrich, and Lynne Krause. (BRS)

ECF FILER: ENTRY OF APPEARANCE from Stephen G. Grygiel on behalf of Appellee(s) Plaintiffs. (SGG)

ECF FILER: DISCLOSURE STATEMENT on behalf of Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause, filed. (BRS)

ORDER to Court Reporter Mrs. Valerie J. Gunning directing transcripts, ordered on 03/20/2017, to be filed by 04/24/2017. (MLR)

ECF FILER: ENTRY OF APPEARANCE from James P. Frickleton on behalf of Appellee(s) Plaintiffs. (JPF)

FOLLOW UP LETTER to Colleen Bal, Esq., Michael H. Rubin, Esq and Anthony J. Weibell, Esq. for Google Inc, Edward P. Boyle, Esq., David N. Cinotti, Esq. and Travis S. Hunter, Esq. for Vibrant Media Inc, Susan M. Coletti, Esq., Alan C. Raul, Esq. and Carol L. Thompson, Esq. for PointRoll Inc, Lisa M. Coyle, Esq. and Douglas H. Meal, Esq. for Media Innovation Group LLC and WPP PLC,, requesting the following document(s): Appearance Form on or before 04/26/2017. Disclosure Statement on or before 04/26/2017. (MLR)

ECF FILER: ENTRY OF APPEARANCE from Michael H. Rubin, Anthony J Weibell on behalf of Appellee(s) Google Inc.. (MHR)

ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Google Inc, filed. (MHR)

BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Theodore H. Frank due on or before 06/28/2017. Appendix due on or before 06/28/2017. (MLR)

2 Briefing and Scheduling Order

View on PACER

ECF FILER: ENTRY OF APPEARANCE from Theodore H. Frank on behalf of Appellant(s) Theodore H. Frank. (THF)

ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant Theodore H. Frank, filed. Certificate of Service dated 06/28/2017 by ECF. (THF)

1 Opening Brief (excluding Amicus, Intervenor, Anders and Pro Se)

View on RECAP

2 Joint Appendix Volume I

View on PACER

ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellant Theodore H. Frank, filed. Certificate of service dated 06/28/2017 by ECF. [Entry edited by the Clerk's Office to reflect correct party filer]--[Edited 06/29/2017 by MS] (THF)

ECF FILER: Motion filed by NATIONAL LEGAL AID AND DEFENDER ASSOCIATION; THE ASSOCIATION OF PRO BONO COUNSEL; PHILADELPHIA BAR FOUNDATION; COMMUNITY LEGAL SERVICES; PENNSYLVANIA LEGAL AID NETWORK, INC.; LEGAL SERVICES OF NEW JERSEY; AND COMMUNITY LEGAL AID SOCIETY, INC. to proceed as Amicus Curiae in support of. Certificate of Service dated 07/05/2017. (MDG)

ECF FILER: ELECTRONIC AMICUS/INTERVENOR BRIEF on behalf of AMICI CURIAE NATIONAL LEGAL AID AND DEFENDER ASSOCIATION; THE ASSOCIATION OF PRO BONO COUNSEL; PHILADELPHIA BAR FOUNDATION; COMMUNITY LEGAL SERVICES; PENNSYLVANIA LEGAL AID NETWORK, INC.; LEGAL SERVICES OF NEW JERSEY; AND COMMUNITY LEGAL AID SOCIETY, INC., filed. Certificate of Service dated 07/05/2017 by ECF. F.R.A.P. 29(a) Permission: NO. (MDG)

ECF FILER: ENTRY OF APPEARANCE from Oramel H. Skinner on behalf of Amicus Curiae Arizona Attorney General's Office. (OHS)

ECF FILER: AMENDED ELECTRONIC AMICUS/INTERVENOR BRIEF on behalf of Amici Appellants Attorney General Arizona, Attorney General Alaska, Attorney General Arkansas, Attorney General Kansas, Attorney General Louisiana, Attorney General Mississippi, Attorney General Missouri, Attorney General Nevada, Attorney General North Dakota, Attorney General Oklahoma, Attorney General Rhode Island, Attorney General Tennessee and Attorney General Wisconsin in support of Appellant/Petitioner, filed. Certificate of Service dated 07/10/2017 by ECF. F.R.A.P. 29(a) Permission: YES. [Entry edited to reflect all party filers]--[Edited 07/17/2017 by EMA] (OHS)

NON COMPLIANCE Order issued to Amicus Appellant Attorney General Arizona regarding the brief filed on 07/10/2017. Please open the attachment for the full text of the Order. Compliance due by 07/14/2017. This Order does not change the deadline for filing the next brief. (EMA)

ECF FILER: Motion filed by Amicus Appellant Attorney General Arizona to amend Brief of Eleven State Attorneys General as Amici Curiae in support of Objector-Appellant and Reversal. Certificate of Service dated 07/11/2017 by ECF. (OHS)

ECF FILER: ENTRY OF APPEARANCE from M. Duncan Grant on behalf of Amicus Curiae NATIONAL LEGAL AID AND DEFENDER ASSOCIATION; THE ASSOCIATION OF PRO BONO COUNSEL; PHILADELPHIA BAR FOUNDATION; COMMUNITY LEGAL SERVICES; PENNSYLVANIA LEGAL AID NETWORK, INC.; LEGAL SERVICES OF NEW JERSEY; AND COMMUNITY LEGAL AID SOCIETY, INC.. (MDG)

ECF FILER: ENTRY OF APPEARANCE from Joseph A. Sullivan on behalf of Amicus Curiae NATIONAL LEGAL AID AND DEFENDER ASSOCIATION; THE ASSOCIATION OF PRO BONO COUNSEL; PHILADELPHIA BAR FOUNDATION; COMMUNITY LEGAL SERVICES; PENNSYLVANIA LEGAL AID NETWORK, INC.; LEGAL SERVICES OF NEW JERSEY; AND COMMUNITY LEGAL AID SOCIETY, INC.. (JAS)

ECF FILER: ENTRY OF APPEARANCE from Oramel H. Skinner on behalf of Amicus Curiae Arizona Attorney General's Office et al.. (OHS)

ORDER (Clerk) The foregoing motion is granted with filing as of July 10, 2017, filed. The brief previously filed will be stricken. Amicus Appellant must retrieve the hard copies of the previously filed brief within fourteen (14) days of the date of this order or such will be discarded. (EMA)

ORDER (SHWARTZ, Circuit Judge) granting Motion by National Legal Aid and Defender Association, et al. to Proceed as Amicus Curiae not in support of either party, filed. Judge: SHWARTZ, Authoring. (MS)

ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause, filed. Certificate of Service dated 07/28/2017 by ECF. (BRS)

ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Google Inc, filed. Certificate of Service dated 07/28/2017 by ECF. (MHR)

ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellant Theodore H. Frank, filed. Certificate of Service dated 08/25/2017 by ECF. (THF)

ECF FILER: Letter dated 08/25/2017, filed pursuant to Rule 28(j) from counsel for Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. (BRS)

ECF FILER: Withdraw of Appearance by Michael H. Rubin on behalf of Appellee Google Inc. Certificate of Service dated 09/05/2017. Service made by ECF. (AJW)

Calendared for Tuesday, 11/14/17. (Rescheduled from Monday, 11/13/2017) Calendar Clerk: CMH.--[Edited 10/13/2017 by CMH] (CMH)

ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Theodore H. Frank, Esq. for Appellant Theodore H. Frank. Certificate of Service dated 09/22/2017. Service made by ECF. (THF)

ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Oramel H. Skinner, III, Esq. for Amicus Appellants Attorney General Arizona, Attorney General Missouri, Attorney General Tennessee, Attorney General Mississippi, Attorney General Arkansas, Attorney General Kansas, Attorney General Louisiana, Attorney General Nevada, Attorney General North Dakota, Attorney General Oklahoma, Attorney General Rhode Island, Attorney General Wisconsin and Attorney General Alaska. Certificate of Service dated 09/22/2017. Service made by ECF. (OHS)

Request (Motion) filed by Attorney Oramel H. Skinner, III, Esq. for Amicus Appellants Attorney General Arizona, Attorney General Missouri, Attorney General Tennessee, Attorney General Mississippi, Attorney General Arkansas, Attorney General Kansas, Attorney General Louisiana, Attorney General Nevada, Attorney General North Dakota, Attorney General Oklahoma, Attorney General Rhode Island, Attorney General Wisconsin and Attorney General Alaska to be granted five minutes of argument time if oral argument is granted. Certificate of Service dated 09/22/2017. Service made by ECF.--[Edited 09/25/2017 by CMH] (OHS)

ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney M. Duncan Grant, Esq. for Amici Curiae National Legal Aid & Defender Association, Community Legal Services, Community Legal Aid Society Inc, Pennsylvania Legal Aid Network, Association of Pro Bono Counsel, Philadelphia Bar Foundation and Legal Services of New Jersey. Certificate of Service dated 09/22/2017. Service made by ECF. (MDG)

ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Stephen G. Grygiel, Esq. for Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause. Certificate of Service dated 09/25/2017. Service made by ECF. (SGG)

ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Anthony J. Weibell, Esq. for Appellee Google Inc. Certificate of Service dated 09/25/2017. Service made by ECF. (AJW)

ECF FILER: LETTER from Attorney Anthony J. Weibell, Esq. for Appellee Google Inc Defendant-Appellee Google Inc.'s Notice of Conversion of Corporate Form and Name Change to Google LLC. Certificate of Service dated 10/04/2017. (AJW)

ECF FILER: SUPPLEMENTAL DISCLOSURE STATEMENT on behalf of Google LLC (formerly Google Inc.), filed. on behalf of Appellee Google Inc, filed. (AJW)

Oral Argument Notification for Tuesday, 11/14/2017. Courtroom & Time: Ceremonial Courtroom/9:30 a.m.. Location: Philadelphia, PA. (CMH)

ECF FILER: DIVISION OF TIME FORM filed by Attorney Stephen G. Grygiel, Esq. for Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause. Certificate of Service dated 10/13/2017. Service made by ECF. (SGG)

CLERK'S LETTER to counsel written at the direction of the Court. The panel decided to allow 20 minutes of argument per side, please file a division of time accordingly as soon as possible. (CMH)

ECF FILER: DIVISION OF TIME FORM filed by Attorney Theodore H. Frank, Esq. for Appellant Theodore H. Frank. Certificate of Service dated 10/17/2017. Service made by ECF. (THF)

ECF FILER: DIVISION OF TIME FORM filed by Attorney Stephen G. Grygiel, Esq. for Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause. Certificate of Service dated 10/18/2017. Service made by ECF. (SGG)

ECF FILER: DIVISION OF TIME FORM filed by Attorney Stephen G. Grygiel, Esq. for Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause. Certificate of Service dated 10/19/2017. Service made by ECF. (SGG)

ECF FILER: Letter dated 10/20/2017, filed pursuant to Rule 28(j) from counsel for Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. (BRS)

ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Brian R. Strange, Esq. for Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause. Certificate of Service dated 10/25/2017. Service made by ECF. (BRS)

ECF FILER: Response filed by Appellant Theodore H. Frank to Rule 28(j) letter. Certificate of Service dated 11/02/2017. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. (THF)

CLERK'S LETTER to counsel written at the direction of the Court. The parties are advised to be prepared at argument to address the following information within this attached letter. (TLG)

COURT MINUTES OF ARGUED/SUBMITTED CASES. [17-1480, 17-1469, 17-1871, 17-1195, 17-1327, 17-1563, 17-1950] (CMH) [Entered: 11/14/2017 08:08 AM]

ARGUED on Tuesday, November 14, 2017. Panel: AMBRO, KRAUSE and RENDELL, Ciruit Judges. Theodore H. Frank arguing for Appellant Theodore H. Frank; Oramel H. Skinner, III arguing for Amicus Appellants Attorney General Alaska, Attorney General Arizona, Attorney General Arkansas, Attorney General Kansas, Attorney General Louisiana, Attorney General Mississippi, Attorney General Missouri, Attorney General Nevada, Attorney General North Dakota, Attorney General Oklahoma, Attorney General Rhode Island, Attorney General Tennessee; Brian R. Strange arguing for Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause; Anthony J. Weibell arguing for Appellee Google Inc. (CMH) [Entered: 11/14/2017 02:29 PM]

ECF FILER: Motion filed by Electronic Privacy Information Center to proceed as Amicus Curiae in support of Appellant/Petitioner. Certificate of Service dated 11/22/2017. (MR) [Entered: 11/22/2017 01:39 PM]

ECF FILER: Response filed by Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause to Motion to proceed as amicus/intervenor. Certificate of Service dated 11/28/2017. (BRS) [Entered: 11/28/2017 06:05 PM]

ECF FILER: ENTRY OF APPEARANCE from Marc Rotenberg on behalf of Amicus Curiae Electronic Privacy Information Center. (MR) [Entered: 12/01/2017 09:22 AM]

ECF FILER: ELECTRONIC AMICUS/INTERVENOR BRIEF on behalf of Proposed Amicus-Appellant Electronic Privacy Information Center in support of Appellant/Petitioner, filed. Certificate of Service dated 11/22/2017 by ECF. F.R.A.P. 29(a) Permission: NO. (MR) [Entered: 12/01/2017 09:32 AM]

ORDER (AMBRO, KRAUSE and RENDELL, Circuit Judges) The foregoing Motion by Electronic Privacy Information Center for leave to file amicus brief out of time also construed as leave to file amicus brief out of time and leave to proceed as amiucs curiae in support of Appellant is granted, filed. Ambro, Authoring Judge. (MCW) [Entered: 12/04/2017 04:08 PM]

TEXT ONLY ORDER (Clerk) directing Attorney Marc Rotenberg, Esq. for Amicus Appellant Electronic Privacy Information Center to submit 7 hard copies in green covers for the amicus brief e-filed on 12/01/2017, filed. Due on or before 12/26/2017. (MCW) [Entered: 12/19/2017 12:38 PM]

HARD COPY RECEIVED from Amicus Appellant Electronic Privacy Information Center - Amicus Brief. Copies: 7. (SJB) [Entered: 12/22/2017 01:07 PM]

COMPLIANCE RECEIVED. Seven (7) hard copies of amicus brief received from Amicus Appellant Electronic Privacy Information Center. (MCW) [Entered: 12/26/2017 11:59 AM]

ECF FILER: Letter dated 02/23/2018, filed pursuant to Rule 28(j) from counsel for Appellant Theodore H. Frank. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [17-1480] (THF) [Entered: 02/23/2018 07:19 PM]

ECF FILER: Response filed by Appellees Jose M. Bermudez, Nicholas Todd Heinrich and Lynne Krause to Rule 28(j) letter. Certificate of Service dated 02/26/2018. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [17-1480] (BRS) [Entered: 02/26/2018 06:38 PM]

ECF FILER: Letter dated 02/26/2018, filed pursuant to Rule 28(j) from counsel for Appellee Google Inc. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [17-1480] (AJW) [Entered: 02/26/2018 09:38 PM]

ECF FILER: Letter dated 04/30/2018, filed pursuant to Rule 28(j) from counsel for Appellant Theodore H. Frank. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [17-1480] (AES) [Entered: 04/30/2018 02:09 PM]

TEXT ONLY ORDER (Clerk) At the direction of the Court, the appeal is held C.A.V. pending decision by the Supreme Court of the United States in Frank v. Gaos. 17-961. (JK) [Entered: 08/23/2018 09:55 AM]

ECF FILER: Letter dated 03/26/2019, filed pursuant to Rule 28(j) from counsel for Appellant Theodore H. Frank. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [17-1480] (THF) [Entered: 03/26/2019 04:15 PM]