Case: Seeds of Peace Collective v. City of Pittsburgh Bureau of Police

2:09-cv-01275 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Sept. 21, 2009

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On September 21, 2009, two climate and environmental justice nonprofits filed a lawsuit in the U.S. District Court for the Western District of Pennsylvania under 42 U.S.C. § 1983 against the City of Pittsburgh. The plaintiff, represented by the local American Civil Liberties Union, Center for Constitutional Rights, and private counsel, asked the court for injunctive relief, claiming that City of Pittsburgh officials violated their First Amendment rights to free speech and assembly. Specificall…

On September 21, 2009, two climate and environmental justice nonprofits filed a lawsuit in the U.S. District Court for the Western District of Pennsylvania under 42 U.S.C. § 1983 against the City of Pittsburgh. The plaintiff, represented by the local American Civil Liberties Union, Center for Constitutional Rights, and private counsel, asked the court for injunctive relief, claiming that City of Pittsburgh officials violated their First Amendment rights to free speech and assembly. Specifically, the plaintiffs claimed that the City of Pittsburgh officials deliberately adopted a strategy to harass, intimidate, discourage and ultimately prevent the plaintiffs from exercising their First Amendment rights to free speech and assembly during the International Coal Conference and the G-20 Summit in Pittsburgh during the week of September 20, 2009.

One of the two non-profits wanted to provide a 24-hour-a-day camp in a downtown park demonstrating a sustainable lifestyle from September 20 to 25, 2009. The second non-profit wanted to provide food to demonstrators, and also serve as a model for sustainable living from September 19 through 26, 2009. Both plaintiffs claim that defendants' actions rendered them unable to demonstrate, silenced their political message about global climate change, and caused them to suffer emotional distress.

On September 22, 2009, the District Court (Judge Gary L. Lancaster) denied the plaintiffs' motion for a temporary restraining order. On May 25, 2010, the Court dismissed all claims except for four claims related to demonstration permits, confiscated materials, and detention of members. The Third Circuit Court of Appeals dismissed the claims by one plaintiff against two of the officers on December 21, 2011.

The parties settled the case and filed a stipulation of dismissal on October 12, 2012, which the Court entered the same day. According to the ACLU's news, the City of Pittsburgh agreed to pay $143,000 to settle the claims.

Summary Authors

Louisa Eberle (10/14/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4374982/parties/seeds-of-peace-collective-v-city-of-pittsburgh-bureau-of-police/


Judge(s)

Barry, Maryanne Trump (New Jersey)

Chagares, Michael A. (New Jersey)

Lancaster, Gary L. (Pennsylvania)

Roth, Jane Richards (Delaware)

Attorneys(s) for Plaintiff

Downey, Glen (Pennsylvania)

Healey, Michael J. (Pennsylvania)

Lobel, Jules L. (Pennsylvania)

Pushinsky, Jon (Pennsylvania)

Rose, Sara (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Judge(s)

Barry, Maryanne Trump (New Jersey)

Chagares, Michael A. (New Jersey)

Lancaster, Gary L. (Pennsylvania)

Roth, Jane Richards (Delaware)

Attorneys(s) for Plaintiff

Downey, Glen (Pennsylvania)

Healey, Michael J. (Pennsylvania)

Lobel, Jules L. (Pennsylvania)

Pushinsky, Jon (Pennsylvania)

Rose, Sara (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Attorneys(s) for Defendant

Doherty, John F (Pennsylvania)

Johnson, Alan E (Pennsylvania)

Kennedy, Michael E. (Pennsylvania)

Krepps, Paul D (Pennsylvania)

Magyar, Rebecca (Pennsylvania)

Regan, Daniel (Pennsylvania)

Sirianni, Teresa O (Pennsylvania)

Specter, George (Pennsylvania)

Weimer, Michaelene (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

SEEDS OF PEACE COLLECTIVE v. CITY OF PITTSBURGH BUREAU OF POLICE

Oct. 12, 2012 Docket
1

Complaint

SEEDS OF PEACE COLLECTIVE v. CITY OF PITTSBURGH BUREAU OF POLICE

Sept. 21, 2009 Complaint
15

First Amended Complaint

Seeds of Peace Collective v City of Pittsburgh Bureau of Police

Dec. 11, 2009 Complaint
34

Memorandum of Law and Order regarding partial dismissal

Seeds of Peace v. City of Pittsburgh

2010 WL 2165365

May 25, 2010 Order/Opinion
77-1

MANDATE of USCA as to the Appeal of District Court Dismissal

Seeds of Peace v. City of Pittsburgh

U. S. Court of Appeals for the Third Circuit

Nov. 29, 2011 Order/Opinion
90

Stipulation of Dismissal

Seeds of Peace v. City of Pittsburgh

Oct. 12, 2012 Pleading / Motion / Brief
91

Order granting stipulation of dismissal

Seeds of Peace v. City of Pittsburgh

Oct. 12, 2012 Order/Opinion

Resources

Title Description External URL

Seeds of Peace Collective, et al v. City of Pittsburgh, et al

ACLU Pennsylvania

On September 21, 2009, the American Civil Liberties Union of Pennsylvania (ACLU-PA) and the Center for Constitutional Rights (CCR) filed a complaint , in the United States District Court for the West… Sept. 21, 2009 https://www.aclupa.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4374982/seeds-of-peace-collective-v-city-of-pittsburgh-bureau-of-police/

Last updated May 28, 2022, 3:16 a.m.

ECF Number Description Date Link
1

COMPLAINT against CITY OF PITTSBURGH BUREAU OF POLICE, OFFICER SELLERS, OFFICER KURVACH, OFFICER JOHN DOE 2 (Filing fee $350, receipt number 1375495), filed by SEEDS OF PEACE COLLECTIVE, MICHAEL BOWERSOX. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Verifications) (plh) (Entered: 09/21/2009)

1 Civil Cover Sheet

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2 Exhibit Verifications

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Sept. 21, 2009 RECAP
2

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by THREE RIVERS CLIMATE CONVERGENCE, SEEDS OF PEACE COLLECTIVE, MICHAEL BOWERSOX. (Attachments: # 1 Proposed Order) (Downey, Glen) (Entered: 09/21/2009)

1 Proposed Order

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Sept. 21, 2009 PACER
3

BRIEF in Support re 2 Motion for TRO, Motion for Preliminary Injunction filed by THREE RIVERS CLIMATE CONVERGENCE, SEEDS OF PEACE COLLECTIVE, MICHAEL BOWERSOX. (Downey, Glen) (Entered: 09/21/2009)

Sept. 21, 2009 PACER
4

RESPONSE to Motion re 2 Motion for TRO, Motion for Preliminary Injunction filed by CITY OF PITTSBURGH BUREAU OF POLICE. (Kennedy, Michael) (Entered: 09/21/2009)

Sept. 21, 2009 PACER
5

BRIEF in Opposition re 2 Motion for TRO, Motion for Preliminary Injunction filed by CITY OF PITTSBURGH BUREAU OF POLICE. (Kennedy, Michael) (Entered: 09/21/2009)

Sept. 21, 2009 PACER
6

REPLY BRIEF by THREE RIVERS CLIMATE CONVERGENCE, SEEDS OF PEACE COLLECTIVE, MICHAEL BOWERSOX re 4 Response to Motion, 5 Brief in Opposition to Motion filed by THREE RIVERS CLIMATE CONVERGENCE, SEEDS OF PEACE COLLECTIVE, MICHAEL BOWERSOX. (Downey, Glen) (Entered: 09/22/2009)

Sept. 22, 2009 PACER
7

Minute Entry for Hearing re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction held on 9/22/2009 before Judge Gary L. Lancaster; Motion orally denied for the reasons stated on the record (Court Reporter: Richard Ford). (map) (Entered: 09/22/2009)

Sept. 22, 2009 PACER
8

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. (map) (Entered: 09/28/2009)

Sept. 28, 2009 PACER
9

NOTICE of Appearance by Paul D. Krepps on behalf of CITY OF PITTSBURGH BUREAU OF POLICE, OFFICER SELLERS, OFFICER KURVACH, OFFICER JOHN DOE 2. (Krepps, Paul) (Entered: 10/08/2009)

Oct. 8, 2009 PACER
10

NOTICE of Appearance by Teresa O. Sirianni on behalf of CITY OF PITTSBURGH BUREAU OF POLICE, OFFICER SELLERS, OFFICER KURVACH, OFFICER JOHN DOE 2. (Sirianni, Teresa) (Entered: 10/09/2009)

Oct. 9, 2009 PACER
11

ORDER directing that Rule 26 Meeting be conducted on or before 11/3/2009, that Rule 26 Meeting Report be filed by 11/17/2009 and setting INITIAL LOCAL RULE 16.1 SCHEDULING CONFERENCE for 12/3/2009 at 2:00 PM. Signed by Chief Judge Gary L. Lancaster on 10/12/09. (map) (Entered: 10/12/2009)

Oct. 12, 2009 PACER
12

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 22, 2009 before Judge Gary L. Lancaster. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have five (5) business 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. Notice of Intent for Redaction of Personal Data Identifiers due by 11/4/2009. Redaction Request due 11/18/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/27/2010. (rtf, ) Modified on 10/29/2009. (tt, ) (Entered: 10/28/2009)

Oct. 28, 2009 PACER
13

Unopposed MOTION to Extend Time to file Amended Complaint by THREE RIVERS CLIMATE CONVERGENCE, SEEDS OF PEACE COLLECTIVE, MICHAEL BOWERSOX. (Attachments: # 1 Proposed Order) (Walczak, Witold) (Entered: 11/02/2009)

1 Proposed Order

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Nov. 2, 2009 PACER
14

ORDER granting 13 Motion to Extend Time; Plaintiffs shall file an Amended Complaint by 12/11/2009; Any responsive pleading to this Amended Complaint shall be filed by 1/8/2010; Parties shall meet and confer, pursuant to F.R.C.P.26(a), by 1/29/2010; Parties' Rule 26 Meeting Report shall be due by 2/12/2010; Initial Rule 16 Scheduling Conference will now be held on 2/19/2010 at 2:30 PM. Signed by Chief Judge Gary L. Lancaster on 11/3/09. (map) (Entered: 11/03/2009)

Nov. 3, 2009 PACER
15

First AMENDED COMPLAINT against all defendants, filed by THREE RIVERS CLIMATE CONVERGENCE, SEEDS OF PEACE COLLECTIVE. (Walczak, Witold) (Entered: 12/11/2009)

Dec. 11, 2009 PACER
16

MOTION for Extension of Time to File Answer re 15 Amended Complaint filed by THREE RIVERS CLIMATE CONVERGENCE, SEEDS OF PEACE COLLECTIVE by OFFICER SELLERS, OFFICER ERIC KURVACH, LUKE RAVENSTAHL, MICHAEL HUSS, NATHAN HARPER, WILLIAM E. BOCHTER, MICHAEL T. RADLEY, CITY OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Krepps, Paul) (Entered: 12/18/2009)

1 Proposed Order

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Dec. 18, 2009 PACER
17

ORDER granting 16 Motion for Extension of Time to Answer; Defendants' response to Plaintiffs' First Amended Complaint shall be filed on or before 2/9/2010. Signed by Chief Judge Gary L. Lancaster on 12/21/09. (map) (Entered: 12/21/2009)

Dec. 21, 2009 PACER
18

NOTICE of Appearance by Alan E. Johnson on behalf of WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, LUKE RAVENSTAHL. (Johnson, Alan) (Entered: 01/15/2010)

Jan. 15, 2010 PACER
19

MOTION for Partial Dismissal re 15 Amended Complaint by WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, LUKE RAVENSTAHL. (Attachments: # 1 Proposed Order) (Johnson, Alan) (Entered: 02/09/2010)

1 Proposed Order

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Feb. 9, 2010 PACER
20

BRIEF in Support re 19 Motion for Partial Dismissal, filed by WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, LUKE RAVENSTAHL. (Attachments: # 1 Exhibit "A") (Johnson, Alan) (Entered: 02/09/2010)

1 Exhibit "A"

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Feb. 9, 2010 PACER
21

ORDER directing that any Response to 19 Motion for Partial Dismissal of plaintiffs' Amended Complaint shall be filed by 3/5/2010; Any reply to a response shall be filed by 3/19/2010; Status Conference of 2/19/2010 is re-set to 4/9/2010 at 2:30 PM. Signed by Chief Judge Gary L. Lancaster on 2/10/10. (map) (Entered: 02/10/2010)

Feb. 10, 2010 PACER
22

Joint MOTION for Extension of Time to File Rule 26(f) Report by WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, OFFICERS DOE 1-100, MICHAEL T. RADLEY, LUKE RAVENSTAHL, SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Proposed Order) (Krepps, Paul) (Entered: 02/12/2010)

1 Proposed Order

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Feb. 12, 2010 PACER
23

ORDER granting 22 Joint Motion for Enlargement of Time to File Rule 26(f) Report; Counsel are directed to file the Rule 26(f) Report in the instant case on or before 2/26/2010. Signed by Chief Judge Gary L. Lancaster on 2/12/10. (map) (Entered: 02/15/2010)

Feb. 15, 2010 PACER
24

Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss (Motion for Partial Dismissal) re 15 Amended Complaint MOTION to Dismiss (Motion for Partial Dismissal) re 15 Amended Complaint by SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Proposed Order) (Rose, Sara) (Entered: 02/26/2010)

1 Proposed Order

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Feb. 26, 2010 PACER
25

ORDER granting 24 Unopposed Motion for Extension of Time to FileOpposition to Defendants Motion to Dismiss; Plaintiffs' Response to 19 MOTION for Partial Dismissal of Amended Complaint shall be due by 4/5/2010; Any Reply to a Response shall be due by 4/19/2010; Status Conference of 4/9/2010 is re-scheduled to 5/20/2010 at 4:30 PM. Signed by Chief Judge Gary L. Lancaster on 2/26/10. (map) (Entered: 02/26/2010)

Feb. 26, 2010 PACER
26

REPORT of Rule 26(f) Planning Meeting. (Krepps, Paul) (Entered: 02/26/2010)

Feb. 26, 2010 PACER
27

Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss (Motion for Partial Dismissal) re 15 Amended Complaint MOTION to Dismiss (Motion for Partial Dismissal) re 15 Amended Complaint. (Attachments: # 1 Proposed Order) (Rose, Sara) (Entered: 04/01/2010)

1 Proposed Order

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April 1, 2010 PACER
28

ORDER granting 27 Motion for Extension of Time to File Response to 19 Motion for Partial Dismissal of Plaintiffs' Amended Complaint; Plaintiffs' response shall now be due by 4/9/2010; Any reply to a response shall now be due by 4/23/2010. Signed by Chief Judge Gary L. Lancaster on 4/1/10. (map) (Entered: 04/01/2010)

April 1, 2010 PACER
29

BRIEF in Opposition re 19 Motion to Dismiss, filed by SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Rose, Sara) (Entered: 04/09/2010)

April 9, 2010 PACER
30

Unopposed MOTION for Extension of Time to File Response/Reply as to 29 Brief in Opposition to Motion by WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, LUKE RAVENSTAHL. (Attachments: # 1 Proposed Order) (Johnson, Alan) (Entered: 04/22/2010)

1 Proposed Order

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April 22, 2010 PACER
31

ORDER granting 30 Unopposed Motion for Extension of Time to File Reply Brief to Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Partial Dismissal of Amended Complaint; Defendants' reply due 5/7/2010. Signed by Chief Judge Gary L. Lancaster on 4/23/10. (map) (Entered: 04/23/2010)

April 23, 2010 PACER
32

REPLY BRIEF by WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, LUKE RAVENSTAHL re 29 Brief in Opposition to Motion for Partial Dismissal filed by WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, LUKE RAVENSTAHL. (Johnson, Alan) (Entered: 05/02/2010)

May 2, 2010 PACER
33

Minute Entry for Status Conference held on 5/20/2010 before Chief Judge Gary L. Lancaster; Parties to file amended ADR stipulation within 10 days; Discovery to be completed within 120 days (Court Reporter: None). (map) (Entered: 05/21/2010)

May 21, 2010 PACER
34

MEMORANDUM and ORDER granting in part and denying in part 19 Motion for Partial Dismissal of Plaintiffs' Amended Complaint, without prejudice to raise those matters denied in a motion for summary judgment; The only claims that are not dismissed are those claims stated more fully in the order. Signed by Chief Judge Gary L. Lancaster on 5/25/10. (map) (Entered: 05/26/2010)

May 26, 2010 RECAP
35

NOTICE OF APPEAL as to 34 Order on Motion to Dismiss, by OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. Filing fee $455, receipt number 0315-1630263. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Johnson, Alan) (Entered: 06/10/2010)

June 10, 2010 PACER
38

STIPULATION selecting ADR process by WILLIAM E. BOCHTER, MICHAEL BOWERSOX, CITY OF PITTSBURGH, CITY OF PITTSBURGH BUREAU OF POLICE, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER JOHN DOE 2, OFFICER SELLERS, OFFICERS DOE 1-100, MICHAEL T. RADLEY, LUKE RAVENSTAHL, SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (plh) (Entered: 06/11/2010)

June 10, 2010 PACER
36

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. (Walczak, Witold) Modified on 6/11/2010. (plh)This document removed from public view and redocketed at Doc. # 38 . (Entered: 06/11/2010)

June 11, 2010 PACER
37

ANSWER to 15 Amended Complaint by CITY OF PITTSBURGH, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. (Johnson, Alan) (Entered: 06/11/2010)

June 11, 2010 PACER
39

INITIAL SCHEDULING ORDER: Parties shall complete selected ADR mechanism by 7/19/2010; Fact Discovery to end 9/17/2010; Post-Discovery Status Conference set for 10/15/2010 at 2:30 PM. Signed by Chief Judge Gary L. Lancaster on 6/21/10. (map) (Entered: 06/21/2010)

June 21, 2010 PACER
40

ORDER REFERRING CASE to Mediation and appointing Donald E. Ziegler as mediator. Signed by Chief Judge Gary L. Lancaster on 6/21/10. (map) (Entered: 06/21/2010)

June 21, 2010 PACER
42

MOTION to Stay re 39 Case Management Order, 35 Notice of Appeal, (Motion to Stay Discovery Pending Qualified Immunity Appeal) by OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. (Attachments: # 1 Proposed Order) (Johnson, Alan) (Entered: 06/25/2010)

1 Proposed Order

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June 25, 2010 PACER
43

BRIEF in Support re 42 Motion to Stay, filed by OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. (Johnson, Alan) (Entered: 06/25/2010)

June 25, 2010 PACER
44

ORDER directing that any Response to 42 Motion to Stay Discovery Pending Qualified Immunity Appeal and brief in support shall be filed by 7/23/2010. Signed by Chief Judge Gary L. Lancaster on 7/8/10. (map) (Entered: 07/08/2010)

July 8, 2010 PACER
45

BRIEF in Opposition re 42 Motion to Stay, Discovery filed by SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Walczak, Witold) (Entered: 07/19/2010)

July 19, 2010 PACER
46

Unopposed MOTION to Extend Time to complete ADR by SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Proposed Order) (Walczak, Witold) (Entered: 07/19/2010)

1 Proposed Order

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July 19, 2010 PACER
47

MOTION for Leave to File Reply Brief to Plaintiffs' Memorandum in Opposition to Motion to Stay Discovery Pending Qualified Immunity Appeal by OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. (Attachments: # 1 Proposed Order) (Johnson, Alan) (Entered: 07/21/2010)

1 Proposed Order

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July 21, 2010 PACER
48

Errata re 47 Motion for Leave to File, by OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. Reason for Correction: Earlier filing did not attach proposed Reply Brief. (Attachments: # 1 Proposed Order, # 2 Exhibit Proposed Reply Brief) (Johnson, Alan) (Entered: 07/21/2010)

1 Proposed Order

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2 Exhibit Proposed Reply Brief

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July 21, 2010 PACER
49

ORDER granting 47 Motion for Leave to File a Reply Brief to Plaintiffs' Memorandum in Opposition to Motion to Stay Discovery Pending Qualified Immunity Appeal. Signed by Chief Judge Gary L. Lancaster on 7/26/10. (map) (Entered: 07/26/2010)

July 26, 2010 PACER
50

REPLY BRIEF re 42 Motion to Stay, 45 Brief in Opposition to Motion filed by OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. (Johnson, Alan) Modified on 7/28/2010. (plh) (Entered: 07/27/2010)

July 27, 2010 PACER
51

MEMORANDUM and ORDER denying 42 Motion to Stay Discovery. Signed by Chief Judge Gary L. Lancaster on 7/28/10. (map) (Entered: 07/28/2010)

July 28, 2010 RECAP
52

REPORT of Mediation: Case has not been resolved. DONALD E. ZIEGLER terminated. Attorney Donald E. Ziegler terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 7/29/2010. (map) (Entered: 08/10/2010)

Aug. 10, 2010 PACER
53

Joint MOTION to Continue the Case Management Order by WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, LUKE RAVENSTAHL, SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Proposed Order) (Krepps, Paul) (Entered: 09/17/2010)

1 Proposed Order

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Sept. 17, 2010 PACER
54

ORDER granting 53 Joint Motion to Continue the Discovery Period; Fact Discovery to end 12/17/2010; Post-Discovery Status Conference re-set for 1/7/2011 at 1:30 PM. Signed by Chief Judge Gary L. Lancaster on 9/17/10. (map) (Entered: 09/18/2010)

Sept. 18, 2010 RECAP
55

MOTION to Compel Production of Discovery by SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Envelope 1 (Plaintiffs' 1st discovery request), # 2 Exhibit 2 (8/30/10 Krepps-Walczak emails), # 3 Exhibit 3 (9/13/10 Walczak to Krepps letter), # 4 Exhibit 4 (9/16/10 Krepps-Walczak emails), # 5 Proposed Order) (Walczak, Witold) (Entered: 09/23/2010)

1 Envelope 1 (Plaintiffs' 1st discovery request)

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2 Exhibit 2 (8/30/10 Krepps-Walczak emails)

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3 Exhibit 3 (9/13/10 Walczak to Krepps letter)

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4 Exhibit 4 (9/16/10 Krepps-Walczak emails)

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5 Proposed Order

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Sept. 23, 2010 PACER
56

STIPULATION to Withdraw 55 MOTION to Compel Production of Discovery by WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, LUKE RAVENSTAHL. (Krepps, Paul) Modified on 10/13/2010 (jsp). (Entered: 10/12/2010)

Oct. 12, 2010 PACER
57

ORDER granting 56 Stipulation to Withdraw 55 MOTION to Compel Production of Discovery. Signed by Chief Judge Gary L. Lancaster on 10/12/10. (map) (Entered: 10/12/2010)

Oct. 12, 2010 RECAP
58

NOTICE of Appearance by Rebecca L. Magyar on behalf of WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, LUKE RAVENSTAHL. (Magyar, Rebecca) (Entered: 10/14/2010)

Oct. 14, 2010 PACER
59

MOTION to Correct Docket by WILLIAM E. BOCHTER, CITY OF PITTSBURGH, NATHAN HARPER, MICHAEL HUSS, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, LUKE RAVENSTAHL. (Attachments: # 1 Proposed Order) (Johnson, Alan) (Entered: 10/19/2010)

1 Proposed Order

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Oct. 19, 2010 PACER
60

NOTICE of Service of Offer of Judgment Pursuant to F.R.C.P. Rule 68 to Plaintiffs by CITY OF PITTSBURGH, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY (Krepps, Paul) (Entered: 12/07/2010)

Dec. 7, 2010 PACER
61

MOTION to Consolidate Discovery by CITY OF PITTSBURGH, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. (Attachments: # 1 Exhibit "A", # 2 Proposed Order) (Krepps, Paul) (Entered: 12/14/2010)

1 Exhibit "A"

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2 Proposed Order

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Dec. 14, 2010 PACER
62

Joint MOTION for Extension of Time to Complete Discovery by WILLIAM E. BOCHTER, MICHAEL BOWERSOX, CITY OF PITTSBURGH, CITY OF PITTSBURGH BUREAU OF POLICE, OFFICER ERIC KURVACH, OFFICER JOHN DOE 2, OFFICER SELLERS, OFFICERS DOE 1-100, MICHAEL T. RADLEY, SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Proposed Order) (Walczak, Witold) (Entered: 12/15/2010)

1 Proposed Order

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Dec. 15, 2010 PACER
63

BRIEF in Opposition re 61 Motion to Consolidate Discovery filed by SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Rose, Sara) Modified on 12/21/2010. (tt) (Entered: 12/17/2010)

Dec. 17, 2010 PACER
64

ORDER denying 61 Motion to Consolidate Discovery. Signed by Chief Judge Gary L. Lancaster on 12/21/10. (map) (Entered: 12/21/2010)

Dec. 21, 2010 RECAP
65

ORDER granting 62 Joint Motion to Continue the Discovery Period; Fact Discovery to end 6/17/2011; Post-Discovery Status Conference re-set for 7/8/2011 at 1:30 PM. Signed by Chief Judge Gary L. Lancaster on 12/21/10. (map) (Entered: 12/21/2010)

Dec. 21, 2010 PACER
66

NOTICE of Appearance by Daniel D. Regan on behalf of CITY OF PITTSBURGH. (Regan, Daniel) (Entered: 02/28/2011)

Feb. 28, 2011 PACER
67

NOTICE of Appearance by John F. Doherty on behalf of CITY OF PITTSBURGH. (Doherty, John) (Entered: 02/28/2011)

Feb. 28, 2011 PACER
68

MOTION to Substitute Attorney by CITY OF PITTSBURGH, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. (Weimer, Michaelene) (Entered: 02/28/2011)

Feb. 28, 2011 PACER
69

ORDER granting 68 Motion to Substitute Attorney; Appearance of Attorney Rebecca L. Magyar withdrawn and Appearance of Attorney Michaelene E. Weimer entered on behalf of defendants Ofc. Sellers, Ofc. Kurvach, Michael T. Radley and City of Pittsburgh in the instant action. Signed by Chief Judge Gary L. Lancaster on 2/28/11. (map) (Entered: 02/28/2011)

Feb. 28, 2011 PACER
70

Joint MOTION for Extension of Time to Complete Discovery by CITY OF PITTSBURGH, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Proposed Order) (Rose, Sara) (Entered: 06/14/2011)

1 Proposed Order

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June 14, 2011 PACER
71

ORDER granting 70 Joint Motion for Extension of Time to Complete Discovery; Discovery to end 12/17/2011; Post-Discovery Status Conference re-set for 1/6/2012 at 1:30 PM. Signed by Chief Judge Gary L. Lancaster on 6/17/11. (map) (Entered: 06/18/2011)

June 18, 2011 PACER
72

STIPULATION for Confidential Litigation Materials by CITY OF PITTSBURGH, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY, SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Exhibit A) (Rose, Sara) (Entered: 08/02/2011)

1 Exhibit A

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Aug. 2, 2011 PACER
73

ORDER granting 72 Stipulation for Confidential Litigation Materials, as stated more fully in order. Signed by Chief Judge Gary L. Lancaster on 8/5/11. (Attachments: # 1 Exhibit Confidentiality Agreement). (map) (Entered: 08/06/2011)

1 Exhibit Confidentiality Agreement

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Aug. 6, 2011 RECAP
74

JUDGMENT OF USCA as to 35 Notice of Appeal, filed by OFFICER SELLERS, MICHAEL T. RADLEY, OFFICER ERIC KURVACH Vacating/Remanding judgment/order of the district court. Mandate will follow. (th3, ) (Entered: 11/29/2011)

Nov. 29, 2011 PACER
75

Joint MOTION for Extension of Time to Complete Discovery by SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Proposed Order) (Rose, Sara) (Entered: 12/15/2011)

1 Proposed Order

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Dec. 15, 2011 PACER
76

ORDER granting 75 Joint Motion for Extension of Time to Complete Discovery; Discovery to end 6/15/2012; Post-Discovery Status Conference re-set to 6/22/2012 at 1:30 PM; THERE WILL BE NO FURTHER EXTENSIONS. Signed by Chief Judge Gary L. Lancaster on 12/16/11. (map) (Entered: 12/16/2011)

Dec. 16, 2011 PACER
77

MANDATE of USCA as to 35 Notice of Appeal, filed by OFFICER SELLERS, MICHAEL T. RADLEY, OFFICER ERIC KURVACH. The order of the District Court entered May 26, 2010, be and the same hereby is vacated in part and remanded to the District Court for further proceedings. The order is vacated to the extent that it denied the appellants motion to dismiss the claims of Three Rivers Climate Convergence against them. Each party to bear its own costs. (Attachments: # 1 Opinion) (mlr3, ) Modified on 1/5/2012. (tt) (Entered: 12/21/2011)

1 Opinion

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Dec. 21, 2011 PACER
78

Minute Entry for Post-Discovery Status Conference held on 6/22/2012 before Chief Judge Gary L. Lancaster; Final Scheduling Order to be issued (Court Reporter: None). (map) (Entered: 06/25/2012)

June 25, 2012 PACER
79

FINAL SCHEDULING ORDER: Any Motion for Summary Judgment, brief in support and all supporting documents, shall be filed 9/21/2012; Any Response to a Motion for Summary Judgment, brief in support and all supporting documents, shall be filed 11/5/2012; Any reply to a response shall be filed by 11/30/2012; Plaintiffs' Pretrial Statement due by 3/22/2013; Defendants' Pretrial Statement due by 4/22/2013; Any Motions in Limine, Proposed Voir Dire and Points for Charge due by 5/7/2013; Responses to any Motions in Limine due by 5/22/2013; Pretrial Conference set for 6/7/2013 at 1:30 PM; Jury Selection and Trial set for 6/17/2013 at 9:30 AM in Courtroom 3A. Signed by Chief Judge Gary L. Lancaster on 6/25/12. (map) (Entered: 06/25/2012)

June 25, 2012 PACER
80

MOTION to Amend/Correct re: 15 Amended Complaint by SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Rose, Sara) Modified on 7/24/2012. (plh) (Entered: 07/23/2012)

1 Exhibit

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2 Proposed Order

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July 23, 2012 PACER
81

BRIEF in Support re 80 Motion to Amend/Correct re 15 Amended Complaint filed by SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Rose, Sara) Modified on 7/24/2012. (plh) (Entered: 07/23/2012)

July 23, 2012 PACER
82

MOTION to set a briefing schedule to respond to plaintiffs' motion to amend/correct the complaint and to stay the current briefing schedule for filing of depositive motions by CITY OF PITTSBURGH, OFFICER ERIC KURVACH, OFFICER SELLERS. (Attachments: # 1 Proposed Order) (Krepps, Paul) (Entered: 07/31/2012)

1 Proposed Order

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July 31, 2012 PACER
83

ORDER denying 80 Motion for Leave to File Second Amended Complaint. Signed by Chief Judge Gary L. Lancaster on 8/3/12. (map) (Entered: 08/03/2012)

Aug. 3, 2012 RECAP
84

ORDER denying 82 Motion to Set a Briefing Schedule to Respond to Plaintiffs' Motion to Amend/Correct the Complaint and to Stay the Current Briefing Schedule for Filing of Dispositive Motions. Signed by Chief Judge Gary L. Lancaster on 8/3/12. (map) (Entered: 08/03/2012)

Aug. 3, 2012 RECAP
85

MOTION to Withdraw Alan E. Johnson as Attorney by CITY OF PITTSBURGH, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. (Attachments: # 1 Proposed Order) (Johnson, Alan) (Entered: 08/06/2012)

1 Proposed Order

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Aug. 6, 2012 PACER
86

ORDER granting 85 Motion of Attorney Alan E. Johnson to Withdraw his appearance on behalf of the defendants in this action. Signed by Chief Judge Gary L. Lancaster on 8/6/12. (map) (Entered: 08/06/2012)

Aug. 6, 2012 PACER
87

MOTION for Extension of Time to File Motion for Summary Judgment by CITY OF PITTSBURGH, OFFICER ERIC KURVACH, OFFICER SELLERS, MICHAEL T. RADLEY. (Attachments: # 1 Proposed Order) (Krepps, Paul) (Entered: 09/19/2012)

1 Proposed Order

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Sept. 19, 2012 PACER
88

ORDER granting 87 Motion for Enlargement of Time to File Summary Judgment; Any motion for summary judgment, brief in support and all supporting documents, shall be filed on or before 10/22/2012; Responses to any such motion, brief in support, and all supporting documents, shall be due on or before 11/21/2012; Any reply to a response to a motion for summary judgment, shall be due on or before 12/6/2012; In all other aspects, the Court's Final Scheduling Order, dated 6/25/2012, shall remain in full force and effect. Signed by Chief Judge Gary L. Lancaster on 9/19/12. (map) (Entered: 09/19/2012)

Sept. 19, 2012 PACER
89

ORDER directing Clerk of Court to mark CASE CLOSED pending submission of stipulation of discontinuance for approval by the Court. Signed by Chief Judge Gary L. Lancaster on 9/26/12. (map) (Entered: 09/26/2012)

Sept. 26, 2012 RECAP
90

STIPULATION of Dismissal with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(ii) by CITY OF PITTSBURGH, OFFICER ERIC KURVACH, OFFICER SELLERS, OFFICERS DOE 1-100, MICHAEL T. RADLEY, SEEDS OF PEACE COLLECTIVE, THREE RIVERS CLIMATE CONVERGENCE. (Attachments: # 1 Proposed Order) (Krepps, Paul) (Entered: 10/12/2012)

1 Proposed Order

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Oct. 12, 2012 PACER
91

ORDER granting 90 STIPULATION of Dismissal, with prejudice. Signed by Chief Judge Gary L. Lancaster on 10/12/12. (map) (Entered: 10/12/2012)

Oct. 12, 2012 RECAP

State / Territory: Pennsylvania

Case Type(s):

Policing

Key Dates

Filing Date: Sept. 21, 2009

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two climate and environmental justice nonprofit organizations complaining about interference with their First Amendment rights to free speech and assembly at the G-20 Summit and Coal Conference in September, 2009.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Pittsburgh (Pittsburgh), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 143,000

Issues

General:

Pattern or Practice