Case: Taha v. Bensalem Township

2:12-cv-06867 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Dec. 7, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 7, 2012, a former detainee of Bucks County Correctional Facility filed this class action in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff initially sued Bensalem Township, various Bensalem Township officials, and the company that operated as Mugshots.com, under Pennsylvania state law. The last amended complaint named defendants Bucks County and Bucks County Correctional Facility, along with Unpublish and Citizens Information Associates—the companies…

On December 7, 2012, a former detainee of Bucks County Correctional Facility filed this class action in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff initially sued Bensalem Township, various Bensalem Township officials, and the company that operated as Mugshots.com, under Pennsylvania state law. The last amended complaint named defendants Bucks County and Bucks County Correctional Facility, along with Unpublish and Citizens Information Associates—the companies that operated mugshots.com, bustedmugshots.com, and mugshotsonline.com. The plaintiff, represented by private counsel, sought injunctive relief, damages, and attorneys' fees. The named plaintiff alleged that the defendants publicly disseminated his personal information and criminal history despite his completion of a plea deal diversion program that expunged his record. He claimed that this conduct violated the Pennsylvania Criminal History Records Information Act (CHRIA), Pennsylvania state tort law, and Pennsylvania common law. The plaintiff sought injunctive relief for Bucks County Correctional Facility to cease publishing online criminal histories of individuals who were arrested but not convicted. As to Unpublish and Citizen Information Associates, the plaintiffs sought an injunction to order the defendants to take down their websites.

On February 5, 2013, Bensalem Township moved to dismiss the complaint, arguing that the plaintiff did not have a cause of action under state law to bring an intentional infliction of emotional distress claim. On February 28, 2013, Judge Timothy Savage denied the motion to dismiss.

Meanwhile, the plaintiff filed an amended complaint to seek class action status in order to represent those whose records were ordered expunged and whose criminal history information was still available and publicly accessible in the files and on Bucks County Correctional Facility's website. The amended complaint included the Pennsylvania State Police commissioner, Bucks County, the Bucks County records custodian, director of Bucks County Department of Corrections, the warden of the Bucks County jail, and Mugshots.com as defendants. Further, the plaintiffs amended the complaint to add a claim under § 1983 that the defendants violated Fourteenth Amendment Due Process.

On March 18, 2013, Bensalem Township filed another motion to dismiss and on April 11, 2013, the Director of Public Safety moved the court to dismiss the claims against him as well. He argued that the plaintiff did not plead sufficient facts to allege he violated CHRIA or that the defendants’ conduct violated the Fourteenth Amendment. The court denied Bensalem Township’s motion on April 17, 2013 and denied the motion from the Director of Public Safety on July 30, 2013.

Various defendants continued to attempt to dismiss the case. On June 13, 2013, Bucks County, the warden, and the director of the Department of Corrections moved to dismiss the case. They alleged that the plaintiff failed to state a claim under § 1983 and argued that the defendants were entitled to immunity from the claims under CHRIA and state tort law. On June 14, the state police commissioner filed a motion to dismiss for failure to state a claim under both federal and state law and a motion to dismiss for lack of jurisdiction. Judge Savage denied these motions on July 30, 2013.

On July 19, the plaintiffs filed a second amended complaint to add Bucks County Correctional Facility and Citizen Information Associates as defendants, which operated as bustedmugshots.com and mugshotsonline.com.

On August 8, 2013, Bucks County Correctional Facility and Bucks County moved the court to dismiss the case, alleging qualified immunity from the CHRIA claims and that the plaintiff lacked standing. Judge Felipe Restrepo denied the County and the County Correctional Facility’s motion on February 21, 2014. 2014 WL 695205.

On November 27, 2013, Citizens Information Associates, bustedmugshots.com and mugshotsonline.com, filed motions to dismiss the state records law and state tort laws claims. On March 26, 2014, Judge Restrepo denied the dismissal of the tort law claim. Concurrently, he granted the dismissal of the claims under CHRIA, holding that it does not apply to private actors, and also dismissed other state claims. 9 F. Supp. 3d 490.

On April 19, 2014, the plaintiffs filed a third amended complaint, adding Unpublish LCC, which operated mugshots.com.

On September 3, 2014, Citizens Information Associates filed a motion for summary judgment on the remaining tort claim against it. Granting it on December 30, 2015, the court dismissed it as a defendant.

On November 25, 2014, the defendants Bucks County and Bucks County Correctional Facility filed for summary judgment. On March 27, 2015, the plaintiffs moved for summary judgement. On March 28, 2016, Judge Wendy Beetlestone denied defendants’ motion and granted the plaintiff’s partial motion for judgment regarding liability, holding that the defendants wrongfully published state law-protected information on their website. She dismissed the plaintiff’s claim for “actual and real damages,” but allowed the question of punitive damages to proceed. 172 F. Supp. 3d 867.

Judge Beetlestone granted the plaintiff’s motion for class certification on May 4, 2016. 2016 WL 2345998. The class included about 66,799 individuals who had been incarcerated at the jail and whose information the jail publicly disseminated through their Inmate Lookup Tool.

On May 6, 2016, Judge Beetlestone stayed the proceedings pending review of Bucks County and Bucks County Correctional Facility’s motion to certify an order for interlocutory appeal. She denied the motion on May 20, 2016. On June 6, 2016, the court entered a default order against defendant Unpublish LLC for failure to appear.

On May 17, 2016, the County defendants appealed class certification to the U.S. Court of Appeals for the Third Circuit, and on May 2, 2016, they filed another motion to stay the proceedings. On June 8, 2016, the court entered an order to stay the proceedings and notification to the class, pending the Third Circuit decision on the appeal of class certification filed by the County defendants (USCA No. 16−3077). The Third Circuit affirmed class certification and denied the appeal on August 10, 2017. 862 F.3d 292. Later that month, the court lifted the stay.

For the remainder of 2017 and through early 2018, the parties scheduled and subsequently cancelled multiple settlement conferences. On September 21, 2018, Bucks County Correctional Facility and Bucks County moved for summary judgment and the plaintiff moved for partial summary judgment as well. On February 14, 2019, the court denied both motions for summary judgment on the issue of whether the defendants’ conduct was “willful,” a determinative question for granting punitive damages. 367 F. Supp. 3d 320.

In late May 2019, a jury trial began. On July 2, 2019, the jury awarded plaintiffs $68 million, averaging $1000 in punitive damages per class member. The defendants moved for a judgment as a matter of law or motion for a new trial, which Judge Beetlestone denied on October 4, 2019.

On July 29, 2019, defendants appealed to the Third Circuit (USCA No. 19-2761). The case is ongoing pending appeal as of October 23, 2019.

Summary Authors

Lily Sawyer-Kaplan (10/17/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4370403/parties/taha-v-bensalem-township/


Judge(s)

Beetlestone, Wendy (Pennsylvania)

Attorneys(s) for Plaintiff

Cullen, Patrick C. (Pennsylvania)

Denenberg, Alan E (Pennsylvania)

George, Scott A. (Pennsylvania)

Kohn, Joseph C. (Pennsylvania)

Larocca, Robert J (Pennsylvania)

Laukaitis, Kevin (Pennsylvania)

Manohar, Aarthi (Pennsylvania)

Schaer, Theodore M. (Pennsylvania)

Shub, Jonathan (Pennsylvania)

Judge(s)

Beetlestone, Wendy (Pennsylvania)

Attorneys(s) for Plaintiff

Cullen, Patrick C. (Pennsylvania)

Denenberg, Alan E (Pennsylvania)

George, Scott A. (Pennsylvania)

Kohn, Joseph C. (Pennsylvania)

Larocca, Robert J (Pennsylvania)

Laukaitis, Kevin (Pennsylvania)

Manohar, Aarthi (Pennsylvania)

Schaer, Theodore M. (Pennsylvania)

Shub, Jonathan (Pennsylvania)

Attorneys(s) for Defendant

Centrich, Joseph F. (Texas)

Chernak, Frank A. (Pennsylvania)

Clarke, Erin K. (Pennsylvania)

Dux, Kathryn A. (Pennsylvania)

Harris, Jay Barry (Pennsylvania)

Kramer, Barry N. (Pennsylvania)

Rublin, Burt (Pennsylvania)

Waldron, Brett M. (Pennsylvania)

Winchester, Lance (Texas)

Expert/Monitor/Master

Restrepo, Luis Felipe (Pennsylvania)

Documents in the Clearinghouse

Document

2:12-cv-06867

Docket [PACER]

Oct. 8, 2019

Oct. 8, 2019

Docket
1

2:12-cv-06867

Complaint

Dec. 7, 2012

Dec. 7, 2012

Complaint
64

2:12-cv-06867

Memorandum

Taha v. Bucks County

Feb. 21, 2014

Feb. 21, 2014

Order/Opinion
70

2:12-cv-06867

Memorandum

Taha v. Bucks County

March 26, 2014

March 26, 2014

Order/Opinion
72

2:12-cv-06867

Third Amended Complaint

Taha v. Bucks County Pennsylvania

April 9, 2014

April 9, 2014

Complaint
139

2:12-cv-06867

Memorandum

2015 WL 9489586

Dec. 30, 2015

Dec. 30, 2015

Order/Opinion
146

2:12-cv-06867

Memorandum Opinion

172 F.Supp.3d 867

March 28, 2016

March 28, 2016

Order/Opinion
157

2:12-cv-06867

Opinion

May 4, 2016

May 4, 2016

Order/Opinion
267

2:12-cv-06867

Opinion

Feb. 14, 2019

Feb. 14, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4370403/taha-v-bensalem-township/

Last updated Aug. 27, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CHRISTOPHER M. BARRY, SR, BENSALEM TOWNSHIP, CHING-O-CHANG, LLC, STEVEN MORAN ( Filing fee $ 350 receipt number 073538.), filed by DARYOUSH TAHA. (Attachments: # 1 Civil Cover Sheet)(rt) (Additional attachment(s) added on 12/7/2012: # 2 Exhibit) (rt, ). (Entered: 12/07/2012)

1 Civil Cover Sheet

View on PACER

2 Exhibit

View on RECAP

Dec. 7, 2012

Dec. 7, 2012

RECAP

Summons Issued

Dec. 7, 2012

Dec. 7, 2012

PACER

Jury Demand

Dec. 7, 2012

Dec. 7, 2012

PACER

Summons Issued as to CHRISTOPHER M. BARRY, SR, BENSALEM TOWNSHIP, CHING-O-CHANG, LLC, STEVEN MORAN. Four Forwarded To: Counsel on December 7, 2012 (rt)

Dec. 7, 2012

Dec. 7, 2012

PACER

DEMAND for Trial by Jury by DARYOUSH TAHA. (rt)

Dec. 7, 2012

Dec. 7, 2012

PACER
2

WAIVER OF SERVICE Returned Executed by DARYOUSH TAHA. BENSALEM TOWNSHIP waiver sent on 12/7/2012, answer due 2/5/2013. (DENENBERG, ALAN) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

PACER
3

NOTICE of Appearance by KATHRYN A. DUX on behalf of BENSALEM TOWNSHIP with Certificate of Service(DUX, KATHRYN) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
4

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM As To Count IV of Plaintiff's Complaint filed by BENSALEM TOWNSHIP.Brief, Certificate of Service, Exhibit 1.(DUX, KATHRYN) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
5

AMENDED COMPLAINT against CHRISTOPHER M. BARRY, SR, BENSALEM TOWNSHIP, BUCKS COUNTY CORRECTIONAL FACILITY RECORDS/RECORDS CUSTODIAN EMPLOYEES JANE AND/OR JOHN DOE #1-6, BUCKS COUNTY PENNSYLVANIA, JOHN DOE, TERRANCE P. MOORE, STEVEN MORAN, MUGSHOTS.COM, LLC, FRANK NOONAN, WILLIAM F. PLAINTIER, filed by DARYOUSH TAHA, JURY DEMAND.(jl, ) (Entered: 02/27/2013)

Feb. 26, 2013

Feb. 26, 2013

RECAP

Summons Issued

Feb. 26, 2013

Feb. 26, 2013

PACER

AMENDED Summons Issued as to CHRISTOPHER M. BARRY, SR, BUCKS COUNTY PENNSYLVANIA, TERRANCE P. MOORE, STEVEN MORAN, MUGSHOTS.COM, LLC, FRANK NOONAN, WILLIAM F. PLAINTIER. Forwarded To: ALAN DENENBERG on 2/27/13 (jl, )

Feb. 26, 2013

Feb. 26, 2013

PACER
6

ORDER THAT DEFENDANT BENSALEM TOWNSHIP'S MOTION TO DISMISS COUNT IV OF PLAINTIFF'S COMPLAINT IS DENIED; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/28/13.2/28/13 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(jl, ) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
7

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by BENSALEM TOWNSHIP.Certificate of Service. (Attachments: # 1 Exhibit Exhibit 1, # 2 Brief, # 3 Text of Proposed Order)(DUX, KATHRYN) (Entered: 03/18/2013)

1 Exhibit Exhibit 1

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2 Brief

View on PACER

3 Text of Proposed Order

View on PACER

March 18, 2013

March 18, 2013

PACER
8

RESPONSE in Opposition re 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint certificate of service and memorandum of law filed by DARYOUSH TAHA. (DENENBERG, ALAN) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
9

RESPONSE in Support re 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by BENSALEM TOWNSHIP. (DUX, KATHRYN) (Entered: 04/11/2013)

April 11, 2013

April 11, 2013

PACER
10

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by STEVEN MORAN.Brief, Certificate of Service. (Attachments: # 1 Exhibit 1)(DUX, KATHRYN) (Entered: 04/11/2013)

1 Exhibit 1

View on PACER

April 11, 2013

April 11, 2013

PACER
11

ORDER THAT DEFENDANT BENSALME TOWNSHIP'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT IS DENIED; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 4/15/13.4/17/13 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(jl, ) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER
12

RESPONSE in Opposition re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint certificate of service and memorandum of law filed by DARYOUSH TAHA. (DENENBERG, ALAN) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

PACER
13

STIPUATION AND ORDER THAT BENSALEM TOWNSHIP TIME TO ANSWER THE AMENDED COMPLAINT IS EXTENDED UNTIL 5/15/13; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 5/6/13. 5/6/13 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(jl, ) (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

PACER
14

ANSWER to 5 Amended Complaint, Affirmative Defenses, CROSSCLAIM against BUCKS COUNTY CORRECTIONAL FACILITY RECORDS/RECORDS CUSTODIAN EMPLOYEES JANE AND/OR JOHN DOE #1-6, BUCKS COUNTY PENNSYLVANIA, TERRANCE P. MOORE, MUGSHOTS.COM, LLC, FRANK NOONAN, WILLIAM F. PLAINTIER by BENSALEM TOWNSHIP. (Attachments: # 1 Certificate of Service)(DUX, KATHRYN) (Entered: 05/15/2013)

1 Certificate of Service

View on PACER

May 15, 2013

May 15, 2013

RECAP
15

ORDER THAT A PRETRIAL CONFERENCE SHALL BE HELD ON 5/29/13 AT 10:00 A.M. IN ROOM 9614; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 5/16/13. 5/16/13 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(jl, ) (Entered: 05/16/2013)

May 16, 2013

May 16, 2013

PACER
16

CERTIFICATE OF SERVICE by BENSALEM TOWNSHIP (Supplemental) (DUX, KATHRYN) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

PACER
17

NOTICE of Appearance by FRANK A. CHERNAK on behalf of BUCKS COUNTY PENNSYLVANIA, TERRANCE P. MOORE, WILLIAM F. PLAINTIER with Certificate of Service(CHERNAK, FRANK) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

PACER
18

NOTICE of Appearance by ERIN K. CLARKE on behalf of BUCKS COUNTY PENNSYLVANIA, TERRANCE P. MOORE, WILLIAM F. PLAINTIER with Certificate of Service(CLARKE, ERIN) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

PACER
19

ORDER THAT THE PRETRIAL CONFERENCE SCHEDULED FOR 5/29/13 IS RESCHEDULED TO 6/18/13 AT 9:15 A.M.; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 5/28/13. 5/28/13 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(jl, ) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
20

AFFIDAVIT of Service by Scott Segal re: served Amended Complaint upon Bucks County Pennsylvania, William F. Plaintier, Terrance P. Moore by Personal on 5/23/2013 (DENENBERG, ALAN) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
21

AFFIDAVIT of Service by Alan Denenberg re: served Amended Complaint upon Mugshots.Com, LLC by Certified Mail on 5/28/2013 (DENENBERG, ALAN) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
22

NOTICE of Appearance by BARRY N. KRAMER on behalf of FRANK NOONAN, FRANK NOONAN with Cert of Service(KRAMER, BARRY) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER

Returned Mail

June 10, 2013

June 10, 2013

PACER

Copy of Order dated 5/28/13 and envelope returned from the U.S. Postal Service addressed to MUGSHOTS.COM for the following reason: UNALBLE TO FORWARDED. (jl, )

June 10, 2013

June 10, 2013

PACER
23

AFFIDAVIT of Service by Richard Kreitzen re: served Amended Complaint upon Commissioner Frank Noonan by Personal on 5-24-2013 (DENENBERG, ALAN) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
24

Report Of Rule 26(f) Meeting by BENSALEM TOWNSHIP, BUCKS COUNTY PENNSYLVANIA, TERRANCE P. MOORE, STEVEN MORAN, FRANK NOONAN, WILLIAM F. PLAINTIER, DARYOUSH TAHA. (CLARKE, ERIN) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
25

Report Of Rule 26(f) Meeting by BENSALEM TOWNSHIP, BUCKS COUNTY PENNSYLVANIA, TERRANCE P. MOORE, STEVEN MORAN, FRANK NOONAN, WILLIAM F. PLAINTIER, DARYOUSH TAHA. (CLARKE, ERIN) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
26

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BUCKS COUNTY PENNSYLVANIA, TERRANCE P. MOORE, WILLIAM F. PLAINTIER.Brief, Certificate of Service.(CLARKE, ERIN) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

RECAP
27

ANSWER to 14 Answer to Amended Complaint, Crossclaim,, Crossclaim by BUCKS COUNTY PENNSYLVANIA, TERRANCE P. MOORE, WILLIAM F. PLAINTIER.(CLARKE, ERIN) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
28

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction filed by FRANK NOONAN.Memorandum, Cert of Service. (Attachments: # 1 Exhibit Ex A)(KRAMER, BARRY) (Entered: 06/14/2013)

1 Exhibit Ex A

View on PACER

June 14, 2013

June 14, 2013

RECAP
29

AFFIDAVIT of Service by Alan Denenberg re: served Amended Complaint upon Deputy Christopher Berry, Sr. by Personal on 6/11/2013 (DENENBERG, ALAN) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
30

ORDER THAT ALL FACT AND EXPERT DISCOVERY RELATING TO CLASS CERTIFICATION SHALL BE COMPLETED BY 10/4/13. PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION NO LATER THAN 10/25/13. ORAL ARGUMENT ON THE PLAINTIFFS MOTION FOR CLASS CERTIFICATION SHALL BE HEARD ON 12/18/13 AT 10:00 A.M.; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 6/18/13. 6/18/13 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(jl, ) (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

PACER
31

RESPONSE in Opposition re 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum and Certificate of Service filed by DARYOUSH TAHA. (DENENBERG, ALAN) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
32

STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANT BARRY HAS TO ANSWER, PLEAD OR OTHERWISE MOVE IS EXTENDED TO 7/23/13; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 7/3/13. 7/3/13 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(jl, ) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
33

Second Amended Complaint against BUCKS COUNTY PENNSYLVANIA, BUCKS COUNTY CORRECTIONAL FACILITY, MUGSHOTS.COM, LLC, MUGSHOTSONLINE.COM and BUSTED MUGSHOTS.COM filed by DARYOUSH TAHA. (mbh, ) (Entered: 07/22/2013)

July 19, 2013

July 19, 2013

RECAP

Summons Issued

July 30, 2013

July 30, 2013

PACER

Summons Issued as to BUCKS COUNTY CORRECTIONAL FACILITY, BUSTED MUGSHOTS.COM, MUGSHOTONLINE.COM, MUGSHOTS.COM, LLC. Forwarded To: Alan E. Denenberg, Esquire on 7/30/13 (per chambers) (mbh, )

July 30, 2013

July 30, 2013

PACER
34

ORDER THAT DEFENDANT STEVEN MORAN'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT IS DENIED AS MOOT; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 7/30/13. 7/30/13 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(jl, ) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
35

ORDER THAT DEFENDANTS MOTION TO DISMISS CLAIMS AGAINST THEM IN THE AMEND COMPLAINT IS DENIED AS MOOT; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 7/30/13. 7/30/13 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(jl, ) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
36

ORDER THAT DEFENDANT NOONAN'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT AND BENSALEM TOWNSHIP'S CROSS CLAIM IS DENIED AS MOOT; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 7/30/13. 7/30/13 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(jl, ) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
37

ORDER THAT THE ABOVE CAPTIONED CASE IS REASSIGNED FROM THE CALENDER OF THE HONORABLE TIMOTHY SAVAGE TO THE CALENDER OF THE HONORABLE L. FELIPE RESTREPO; ETC.. SIGNED BY MICHAEL E. KUNZ ON 8/6/13. 8/7/13 ENTERED AND COPIES MAILED, E-MAILED AND MAILED TO UNREPS.(jl, ) (Entered: 08/07/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
38

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction filed by BUCKS COUNTY CORRECTIONAL FACILITY, BUCKS COUNTY PENNSYLVANIA.Brief and Certificate of Service. (Attachments: # 1 Exhibit A)(CHERNAK, FRANK) (Entered: 08/08/2013)

1 Exhibit A

View on PACER

Aug. 8, 2013

Aug. 8, 2013

PACER
39

ORDER THAT LEAD TRIAL COUNSEL FOR THE PARTIES SHALL ATTEND THE CONFERENCE AND BE PREPARED TO DISCUSS SETTLEMENT; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 8/12/13. 8/13/13 ENTERED AND E-MAILED.(jl, ) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
40

ORDER THAT A STATUS CONFERENCE WILL BE HELD ON 10/3/13 AT 9:00 A.M. IN COURTROOM 3I; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 8/21/13. 8/21/13 ENTERED AND E-MAILED.(jl, ) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

PACER
41

RESPONSE in Opposition re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction memorandum and certificate of service filed by DARYOUSH TAHA. (DENENBERG, ALAN) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
42

MOTION for Leave to File a Brief in Reply to Plaintiff's Response to Defendants' Motion to Dismiss the Second Amended Complaint filed by BUCKS COUNTY CORRECTIONAL FACILITY, BUCKS COUNTY PENNSYLVANIA.Certificate of Service.(CHERNAK, FRANK) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
43

ORDER THAT THE MOTION OF DEFENDANTS COUNTY OF BUCKS AND THE BUCKS COUNTY CORRECTIONAL FACILITY FOR LEAVE TO FILE A BRIEF IN REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT IS GRANTED; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 9/2/13. 9/3/13 ENTERED AND E-MAILED.(jl, ) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
44

REPLY to Response to Motion re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by BUCKS COUNTY CORRECTIONAL FACILITY, BUCKS COUNTY PENNSYLVANIA. (CHERNAK, FRANK) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
45

ORDER THAT THE TIME OF THE STATUS CONFERENCE SCHEDULED FOR 10/3/13 HAS BEEN CHANGED TO 12:00 P.M.; ETC. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 9/18/13. 9/18/13 ENTERED AND E-MAILED.(jl, ) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

PACER
46

ORDER THAT COUNSEL IN THIS CASE ARE ATTACHED TO APPEAR ON 10/22/13 AT 1:00 P.M. FOR ORAL ARGUMENT ON DEFENDANTS MOTION TO DISMISS. THE SCHEDULING ORDER IN THIS CASE IS SUSPENDED PENDING DISPOSITION OF DEFENDANT'S MOTION TO DISMISS; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 10/3/13. 10/4/13 ENTERED AND E-MAILED, MAILED TO UNREPS.(jl, ) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
47

SUMMONS Returned Executed by DARYOUSH TAHA re: CT Corporation Systems served Summons and Complaint upon BUSTED MUGSHOTS.COM, MUGSHOTONLINE.COM by Certified Mail. BUSTED MUGSHOTS.COM served on 10/15/2013, answer due 11/5/2013; MUGSHOTONLINE.COM served on 10/15/2013, answer due 11/5/2013. (DENENBERG, ALAN) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
48

Minute Entry for proceedings held before HONORABLE L. FELIPE RESTREPO: Motion Hearing held on 10/22/13 re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by BUCKS COUNTY PENNSYLVANIA, BUCKS COUNTY CORRECTIONAL FACILITY (jl, ) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
49

TRANSCRIPT of held on 10/22/13, before Judge RESTREPO. Court Reporter/Transcriber NELSON MALAVE. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/27/2013. Redacted Transcript Deadline set for 12/9/2013. Release of Transcript Restriction set for 2/4/2014. HEARING(jl, ) (Entered: 11/06/2013)

Nov. 6, 2013

Nov. 6, 2013

PACER
50

Notice of Filing of Official Transcript with Certificate of Service re 49 Transcript - PDF, 11/6/13 Entered and Copies Emailed. (jl, ) (Entered: 11/06/2013)

Nov. 6, 2013

Nov. 6, 2013

PACER
51

NOTICE of Appearance by JAY BARRY HARRIS on behalf of BUSTED MUGSHOTS.COM, MUGSHOTONLINE.COM (HARRIS, JAY) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
52

MOTION for Pro Hac Vice of Joseph Centrich filed by BUSTED MUGSHOTS.COM, MUGSHOTONLINE.COM.Certificate of Service.(HARRIS, JAY) Modified on 12/3/2013 (jl, ).(FEE PAID PPEO92424) Modified on 12/3/2013 (jl, ). (ppEO92424 fee paid) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
53

MOTION for Pro Hac Vice of Lance Winchester filed by BUSTED MUGSHOTS.COM, MUGSHOTONLINE.COM.Certificate of Service.(HARRIS, JAY) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
54

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BUSTED MUGSHOTS.COM, MUGSHOTONLINE.COM.Brief and Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Brief, # 3 Exhibit A, # 4 Certificate of Service)(HARRIS, JAY) (Entered: 11/27/2013)

1 Text of Proposed Order

View on PACER

2 Brief

View on PACER

3 Exhibit A

View on PACER

4 Certificate of Service

View on PACER

Nov. 27, 2013

Nov. 27, 2013

PACER
55

STIPULATION AND ORDER THAT, WITH COURT APPROVAL, CITIZENS INFORMATION ASSOCIATES, LLC BE ALLOWED AN EXTENSION OF TIME OF TWENTY-FIVE DAYS FROM THE DATE OF COURT APPROVAL OF THIS STIPULATION TO RESPOND TO THE COMPLAINT. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 12/2/13. 12/2/13 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(ti, ) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
56

ORDER THAT THE APPLICATION OF LANCE WINCHESTER TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 12/4/13. 12/5/13 ENTERED AND COPIES MAILED, E-MAILED, MAILED TO UNREPS.(jl, ) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

PACER
57

ORDER THAT THE APPLICATION OF JOSEPH CENTRICH TO PRACTICE IN THIS COURT PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 12/4/13. 12/5/13 ENTERED AND COPIES MAILED, E-MAILED, MAILED TO UNREPS.(jl, ) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

PACER
58

STIPULATION AND ORDER THAT PLAINTIFF'S RESPONSE TO DEFENDANT CITIZEN INFORMATION ASSOCIATES, LLC'S MOTION TO DISMISS SHALL BE DUE ON 12/24/13; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 12/11/13. 12/11/13 ENTERED AND E-MAILED, MAILED.(jl, ) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
59

RESPONSE in Opposition re 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Law and Certificate of Service filed by DARYOUSH TAHA. (DENENBERG, ALAN) (Entered: 12/24/2013)

Dec. 24, 2013

Dec. 24, 2013

PACER
60

ORDER THAT ORAL ARGUMENT ON THE CITIZENS INFORMATION ASSOCIATES LLC DEFENDANTS MOTION TO DISMISS WILL BE HELD ON 2/14/14 AT 11:00 IN COURTROOM 8B; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 2/5/14. 2/5/14 ENTERED AND E-MAILED, MAILED TO UNREPS.(jl, ) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
61

ORDER THAT ORAL ARGUMENT ON THE CITIZENS INFORMATION ASSOCIATES, LLC DEFENDANTS MOTION TO DISMISS WILL BE HELD ON 2/19/14 AT 3:30 P.M. IN COURTROOM 8B; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 2/7/14. 2/7/14 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(jl, ) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
62

REPLY to Response to Motion re 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BUSTED MUGSHOTS.COM, MUGSHOTONLINE.COM. (CENTRICH, JOSEPH) (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER

Returned Mail

Feb. 19, 2014

Feb. 19, 2014

PACER

Copy of Order dated 2/7/14 and envelope returned from the U.S. Postal Service addressed to MUGSHOTS.COM, LLC for the following reason: REFUSED. (jl, )

Feb. 19, 2014

Feb. 19, 2014

PACER
63

Minute Entry for proceedings held before HONORABLE L. FELIPE RESTREPO: Motion Hearing on 2/19/14. (jl, ) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER
64

MEMORANDUM AND ORDER THAT BUCKS COUNTY DEFENDANTS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT IS DENIED; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 2/21/14. 2/24/14 ENTERED AND E-MAILED, MAILED TO UNREP.(jl, ) (Entered: 02/24/2014)

Feb. 21, 2014

Feb. 21, 2014

RECAP
65

ORDER THAT BUCKS COUNTY DEFENDANTS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT IS DENIED; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 2/21/14. 2/24/14 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(jl, ) (Entered: 02/24/2014)

Feb. 21, 2014

Feb. 21, 2014

RECAP
66

ANSWER to 33 Second Amended Complaint by BUCKS COUNTY CORRECTIONAL FACILITY, BUCKS COUNTY PENNSYLVANIA, Affirmative Defenses, Certificate of Service.(CHERNAK, FRANK) Modified on 3/14/2014 (md). (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

PACER
67

ORDER THAT IF PLAINTIFF WISHES TO PROCEED AGAINST CITIZENS INFORMATION ASSOCIATES, LLC, HE SHALL FILE AN APPROPRIATE MOTION TO AMEND THE COMPLAINT AND CASE CAPTION PURSUANT TO FEDERAL RULE OF PROCEDURE 15 (a) (2) BY 3/24/14; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 3/13/14. 3/14/14 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(jl, ) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
68

MOTION to Amend/Correct 33 Amended Complaint filed by DARYOUSH TAHA.Memorandum and Certificate of Service.(DENENBERG, ALAN) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER
69

ORDER THAT PLAINTIFF'S UNOPPOSED MOTION TO AMEND THE CAPTION AND COMPLAINT IS GRANTED AND THE CAPTION IS AMENDED; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 3/25/14. 3/26/14 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(jl, ) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
70

MEMORANDUM AND ORDER THAT DEFENDANTS CITIZEN INFORMATION SERVICES MOTION TO DISMISS THE SECOND AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 3/25/14. 3/26/14 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(jl, ) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

RECAP
71

ORDER THAT DEFENDANT CITIZEN INFORMATION ASSOCIATES (CIA)'S MOTION TO DISMISS SECOND AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 3/25/14. 3/26/14 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(jl, ) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

RECAP

Returned Mail

April 8, 2014

April 8, 2014

PACER

Copy of Order dated and envelope returned from the U.S. Postal Service addressed to MUGSHOTS.COM, LLC for the following reason: REFUSED. (jl, )

April 8, 2014

April 8, 2014

PACER
72

THIRD AMENDED COMPLAINT against BUCKS COUNTY CORRECTIONAL FACILITY, BUCKS COUNTY PENNSYLVANIA, CITIZEN INFORMATION ASSOCIATES, LLC, UNPUBLISH LLC, filed by DARYOUSH TAHA, CERTIFICATE OF SERVICE.(jl, ) (Entered: 04/10/2014)

April 9, 2014

April 9, 2014

RECAP
73

ANSWER to 72 Amended Complaint by BUCKS COUNTY CORRECTIONAL FACILITY, BUCKS COUNTY PENNSYLVANIA, Affirmative Defenses, Certificate of Service. (Attachments: # 1 Certificate of Service)(CHERNAK, FRANK) Modified on 4/29/2014 (md). (Entered: 04/28/2014)

1 Certificate of Service

View on PACER

April 28, 2014

April 28, 2014

PACER
74

AFFIDAVIT of Service by Alan Denenberg re: served Third Amended Complaint upon Northwest Registered Agent, LLC for Unpublish LLC d/b/a Mugshots.com by Certified Mail on April 14, 2014 (DENENBERG, ALAN) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
75

LETTER REQUEST for Status Conference by DARYOUSH TAHA. (DENENBERG, ALAN) Modified on 5/1/2014 (md). (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
76

ANSWER to 72 Amended Complaint by CITIZEN INFORMATION ASSOCIATES, LLC, Affirmative Defenses, Certificate of Service.(HARRIS, JAY) Modified on 5/2/2014 (md). (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

PACER
77

ORDER THAT A STATUS CONFERENCE WILL BE HELD ON 5/14/14 AT 10:30 A.M. IN COURTROOM 8B; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 5/1/14. 5/2/14 ENTERED AND E-MAILED, MAILED TO UNREP.(jl, ) (Entered: 05/02/2014)

May 1, 2014

May 1, 2014

PACER
78

Letter from JOSEPH CENTRICH TO JUDGE RESTREPO RE: CERTAIN STATEMENTS. (jl, ) (Entered: 05/02/2014)

May 1, 2014

May 1, 2014

PACER

Set/Reset Scheduling Order Deadlines

May 14, 2014

May 14, 2014

PACER

Set/Reset Scheduling Order Deadlines: DISCOVERY DUE BY 8/14/2014. MOTIONS DUE BY 9/15/2014. (jl, )

May 14, 2014

May 14, 2014

PACER
79

SCHEDULING ORDER THAT DISCOVERY SHALL CLOSE ON 8/14/14. PLAINTIFF SHALL FILE HIS MOTION FOR CLASS CERTIFICATION BY 9/15/14; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 3/15/14. 5/14/14 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(jl, ) (Entered: 05/15/2014)

May 14, 2014

May 14, 2014

PACER
80

Minute Entry for proceedings held before HONORABLE L. FELIPE RESTREPO: Status Conference held on 5/14/14. (jl, ) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
81

SCHEDULING ORDER THAT DISCOVERY SHALL CLOSE ON 8/14/14. PLAINTIFF SHALL FILE HIS MOTION FOR CLASS CERTIFICATION BY 9/15/14; ETC.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 3/15/14. 5/15/14 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(jl, ) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
82

MOTION to Compel filed by DARYOUSH TAHA.Certificate of Service. (Attachments: # 1 Certificate of Service)(GEORGE, SCOTT) (Entered: 05/28/2014)

1 Certificate of Service

View on PACER

May 28, 2014

May 28, 2014

PACER
83

RESPONSE to Motion re 82 MOTION to Compel filed by BUCKS COUNTY CORRECTIONAL FACILITY, BUCKS COUNTY PENNSYLVANIA. (Attachments: # 1 Exhibit A and B)(CHERNAK, FRANK) (Entered: 06/02/2014)

1 Exhibit A and B

View on PACER

June 2, 2014

June 2, 2014

PACER
84

NOTICE of Appearance by BURT M. RUBLIN on behalf of BUCKS COUNTY CORRECTIONAL FACILITY, BUCKS COUNTY PENNSYLVANIA with Certificate of Service(RUBLIN, BURT) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 7, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The class included about 66,799 individuals who had been incarcerated at the Bucks County Correctional Facility and whose information the jail publicly disseminated through their Inmate Lookup Tool.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Bucks County (Bucks), County

Bucks County Correctional Facility (Bucks), None

mugshots.com (Tampa), None

bustedmugshots.com, mugshotsonline.com (Dallas), None

Bensalem Township (Bucks), City

Lieutenant (Bensalem Township, Bucks), Private Entity/Person

Bensalem Township Director of Public Safety (Bensalem Township, Bucks), Private Entity/Person

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 68,000,000

Issues

General:

Confidentiality

Record-keeping

Records Disclosure

Type of Facility:

Government-run