Case: Graham v. Allegheny County

ACLU of Pennsylvania

COMPLAINT/HABEAS CORPUS against ALLEGHENY COUNTY, ORLANDO HARPER (Filing fee, including Administrative fee, $400, receipt number 0315-5549914), filed by MICHAEL GRAHAM, HEATHER CONNOLLY, ALEXUS DIGGS. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration-Amon, # 3 Amon, # 4 Declaration-Diggs, # 5 Declaration-Jones, # 6 Declaration-Graham, # 7 Employees, # 8 Letter from County, # 9 Declaration-Suggs) (sdp) (Main Document 1 replaced on 4/9/2020) (map) (Entered: 04/09/2020)

1 Civil Cover Sheet

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2 Declaration-Amon

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3 Amon

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4 Declaration-Diggs

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5 Declaration-Jones

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6 Declaration-Graham

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7 Employees

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8 Letter from County

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9 Declaration-Suggs

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NOTICE of Appearance by John A. Bacharach on behalf of ALLEGHENY COUNTY, ORLANDO HARPER. (Bacharach, John) (Entered: 04/09/2020)

Order for Consent/DJO form

Case Management Order

Order

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TEXT ORDER - By NOON today, Plaintiffs' counsel is ORDERED to provide a copy of all pleadings in this case to counsel for Defendants and shall file a notification with the Court reflecting that this has been accomplished. It is further ORDERED that all counsel desiring to participate in this litigation must enter their appearances on the docket. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/09/2020)

NOTICE of Appearance by Alexandra T. Morgan-Kurtz on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Morgan-Kurtz, Alexandra) (Entered: 04/09/2020)

NOTICE of Appearance by Dennis R. Biondo, Jr on behalf of ALLEGHENY COUNTY, ORLANDO HARPER. (Biondo, Dennis) (Entered: 04/09/2020)

NOTICE of Appearance by Witold J. Walczak on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Walczak, Witold) (Entered: 04/09/2020)

NOTICE of Appearance by Andrew F. Szefi on behalf of ALLEGHENY COUNTY, ORLANDO HARPER. (Szefi, Andrew) (Entered: 04/09/2020)

NOTICE of Appearance by Sara Rose on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Rose, Sara) (Entered: 04/09/2020)

TEXT ORDER - Telephonic Status Conference set for 4/9/2020 at 03:30 PM before Magistrate Judge Cynthia Reed Eddy. By separate email, all counsel of record will be given instructions on how to participate in the telephone conference. Signed by Chief Magistrate Judge Cynthia Reed Eddy. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/09/2020)

TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 4/9/2020 at 05:00 PM, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/09/2020)

NOTICE of Appearance by Quinn Cozzens on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Cozzens, Quinn) (Entered: 04/09/2020)

NOTICE of Appearance by Swain Uber on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Uber, Swain) (Entered: 04/09/2020)

CERTIFICATE of Compliance re 1 Complaint/Habeas Corpus by Bret Grote on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM (Grote, Bret) Modified text on 4/16/2020 to add document linkage. (ept) (Entered: 04/09/2020)

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Morgan-Kurtz, Alexandra) (Entered: 04/09/2020)

EXHIBITS Declaration of Heather Connolly in Support of 1 Complaint by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Grote, Bret) (Entered: 04/09/2020)

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ALLEGHENY COUNTY, ORLANDO HARPER. (Bacharach, John) (Entered: 04/09/2020)

Magistrate Judge Cynthia Reed Eddy no longer assigned to case. (jmm)

Judge Cathy Bissoon presiding and Magistrate Judge Cynthia Reed Eddy referred. (jmm)

NOTICE of Appearance by Quinn Cozzens on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Cozzens, Quinn) Document removed from public view and redocketed at 35 . Modified text on 4/16/2020. (ept) (Entered: 04/09/2020)

MOTION for Preliminary Injunction by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit) (Grote, Bret) (Entered: 04/09/2020)

1 Proposed Order

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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14 Exhibit

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18 Exhibit

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19 Exhibit

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ORDER re 18 Motion for Preliminary Injunction, filed by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM, Set Response: Defendants' Response to Motion due by 4/15/2020. Signed by Judge Cathy Bissoon on 4/9/20. (jhi) (Entered: 04/09/2020)

MOTION for Leave to File Excess Pages in Brief in Support of Preliminary Injunction by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Grote, Bret) (Entered: 04/09/2020)

1 Proposed Order

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2 Exhibit

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Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/9/2020. (Court Reporter: none) (bsc) (Entered: 04/09/2020)

MOTION for attorney Will W. Sachse to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554061) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sachse, Will) (Entered: 04/09/2020)

1 Exhibit Declaration

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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First MOTION for attorney Jaclyn B. Kurin to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554101) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Affidavit, # 2 Exhibit) (Kurin, Jaclyn) (Entered: 04/09/2020)

1 Affidavit

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2 Exhibit

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ORDER granting 22 Motion for Will W. Sachse to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 04/10/2020)

Order on Motion to Appear Pro Hac Vice

ORDER granting 23 Motion for Jaclyn B. Kurin to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 04/10/2020)

ORDER granting 20 Motion for Leave to File Excess Pages. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. (nll) (Entered: 04/10/2020)

BRIEF in Support re 18 Motion for Preliminary Injunction, filed by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Grote, Bret) (Entered: 04/10/2020)

MOTION for attorney Rachel M. Rosenberg to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554648) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Rosenberg, Rachel) (Entered: 04/10/2020)

1 Exhibit Declaration

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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MOTION for attorney Cory A. Ward to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554799) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Ward, Cory) (Entered: 04/10/2020)

1 Exhibit Declaration

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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TEXT ORDER granting 28 Motion for Rachel M. Rosenberg to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/10/2020)

TEXT ORDER granting 29 Motion for Cory A. Ward to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/10/2020)

MOTION for attorney Ryan M. Moore to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5555178) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Moore, Ryan) (Entered: 04/10/2020)

1 Exhibit Declaration

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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TEXT ORDER granting 32 Motion for Ryan M. Moore to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/10/2020)

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/10/2020. (Court Reporter: none) (bsc) (Entered: 04/10/2020)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 17 Notice of Appearance. ERROR: Signature on document and filer do not match or Wrong Document attached CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (jd)

NOTICE of Appearance by Jules Lobel on behalf of MICHAEL GRAHAM. (Lobel, Jules) (Entered: 04/10/2020)

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/13/2020. (Court Reporter: none) (bsc) (Entered: 04/13/2020)

Order on Motion for Extension of Time to File Response/Reply

MOTION for attorney Sozi Pedro Tulante to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5558224) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Tulante, Sozi) (Entered: 04/13/2020)

1 Exhibit Declaration

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Preliminary Injunction by ALLEGHENY COUNTY, ORLANDO HARPER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 04/13/2020)

1 Proposed Order

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MOTION for attorney David Fathi to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5558356) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Declaration of David Fathi, # 2 Exhibit A, # 3 Proposed Order) (Fathi, David) (Entered: 04/13/2020)

1 Declaration of David Fathi

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2 Exhibit A

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3 Proposed Order

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ORDER granting 38 Defendants' unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion (Doc. 18 ) for a Preliminary Injunction. Defendants' response now is due by 4/21/20. Signed by Judge Cathy Bissoon on 4/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/13/2020)

TEXT ORDER granting 37 Motion for Sozi Pedro Tulante to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/14/2020)

Order on Motion to Appear Pro Hac Vice

ORDER granting 39 Motion for David Fathi to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nll) (Entered: 04/14/2020)

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/16/2020. (Court Reporter: none) (bsc) (Entered: 04/16/2020)

Order on Motion to Intervene

MOTION to Intervene by Frederick Banks. Motion referred to Cynthia Reed Eddy. (Attachments: # 1 Envelope) (ept) (Entered: 04/16/2020)

1 Envelope

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ORDER. Frederick Banks's Motion 44 to intervene is DENIED. The only conceivable and proper role, and scope, of Movant's participation in this lawsuit is as that of a putative class member. The class-certification aspects of this lawsuit having not yet been adjudicated, Movant's request to intervene is premature. See generally United Airlines, Inc. v. McDonald, 432 U.S. 385, 394 (U.S. 1977) (discouraging intervention where allowance "would only... ma[ke] the [movant] a superfluous spectator"). Signed by Judge Cathy Bissoon on 4/16/20. Staff note: On the Court's next business day, a copy of this filing will be sent, via First-Class U.S. Mail, to Movant at the return address listed on his letter of submission (Frederick Banks, 120759 6F, Allegheny County Jail, 950 2nd Avenue, Pittsburgh, PA 15219). Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/16/2020)

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/21/2020. (Court Reporter: none) (bsc) (Entered: 04/21/2020)

Order on Motion for Extension of Time to File Response/Reply

Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Preliminary Injunction to April 28, 2020 by ALLEGHENY COUNTY, ORLANDO HARPER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 04/21/2020)

1 Proposed Order

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ORDER granting 47 Defendants' unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion (Doc. 18 ) for a Preliminary Injunction. Defendants' response now is due by 4/28/20. Signed by Judge Cathy Bissoon on 4/21/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/21/2020)

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/22/2020. (Court Reporter: none) (bsc) (Entered: 04/22/2020)

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/23/2020. (Court Reporter: none) (bsc) (Entered: 04/23/2020)

IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)

Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/27/2020. (Court Reporter: none) (bsc) (Entered: 04/27/2020)

Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Preliminary Injunction by ALLEGHENY COUNTY, ORLANDO HARPER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 04/27/2020)

1 Proposed Order

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ORDER granting 52 Defendants' unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion (Doc. 18 ) for a Preliminary Injunction. Defendants' response now is due by 5/5/20. Signed by Judge Cathy Bissoon on 4/28/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/28/2020)

Order on Motion for Extension of Time to File Response/Reply

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/29/2020. (Court Reporter: none) (bsc) (Entered: 04/29/2020)

Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 5/1/2020. The parties are to submit a proposed joint case management order by Monday, May 4, 2020 at 10:00 am. (Court Reporter: none) (bsc) (Entered: 05/01/2020)

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Order

ORDER, a Telephone Status Conference is now set for 5/5/20 at 1:00pm. Only counsel shall participate and is directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. A security code will be emailed to counsel, following the entry of this order. Signed by Judge Cathy Bissoon on 5/1/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 05/01/2020)

STIPULATED PROTECTIVE ORDER by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Rose, Sara) (Entered: 05/05/2020)

Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 5/5/20. Detailed notes regarding the outcome of this Conference are contained in the paper-Minutes associated with this docket entry. (Court Reporter: Karen Earley) (dcd) (Entered: 05/05/2020)

RESPONSE to Motion re 18 MOTION for Preliminary Injunction filed by ALLEGHENY COUNTY, ORLANDO HARPER. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 05/05/2020)

1 Proposed Order

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ANSWER to 1 Complaint, by ALLEGHENY COUNTY, ORLANDO HARPER. (Bacharach, John) (Entered: 05/05/2020)

ORDER, a Telephonic Status Conference is now set for 5/8/2020 at 02:00 PM before Judge Cathy Bissoon. Only counsel shall participate and is directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers. A security code will be emailed to counsel following the entry of this order. Signed by Judge Cathy Bissoon on 5/6/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 05/06/2020)

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Order

NOTICE OF APPEAL as to 45 Order on Motion to Intervene by FREDERICK BANKS. 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. (Attachments: # 1 Envelope) (ept) (Entered: 05/06/2020)

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ORDER re Notice of Appeal 62 filed by Frederick Banks. Even assuming that Mr. Banks presently has a right to appeal the denial of his Motion to Intervene (Doc. 44 ), this Court retains jurisdiction over all matters unrelated thereto. Smith v. Township of Aleppo, 2005 WL 4984381, *2 (W.D. Pa. Aug. 24, 2005); accord Alice L. v. Dusek, 492 F.3d 563, 564 (5th Cir. 2007). Accordingly, all other aspects of this litigation shall proceed unencumbered. Signed by Judge Cathy Bissoon on 5/6/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) Staff note: a copy of today's filings will be sent, via First-Class U.S. Mail, to the filer at the return-address listed on his envelope of submission (Frederick Banks, 120759 6F, Allegheny County Jail, 950 2nd Avenue, Pittsburgh, PA 15219-3100). (Entered: 05/06/2020)

ORDER approving 57 Stipulated Protective Order. Signed by Judge Cathy Bissoon on 5/6/20. (dcd) (Entered: 05/06/2020)

USCA Case Number 20-1968 for 62 Notice of Appeal, filed by FREDERICK BANKS. USCA Case Manager Carmella (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (cw3) (Entered: 05/07/2020)

Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 5/8/20. The parties have exchanged drafts of a proposed consent decree/order, and are nearing its finalization. The Court will order a telephonic status conference for Thursday May 14th at 11:15 a.m. to discuss how the case will proceed. (Court Reporter: Karen Earley) (dcd) (Entered: 05/08/2020)

ORDER, a Telephone Status Conference is now set for 5/14/20 at 11:15am. Only counsel shall participate and is directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers, A security code will be emailed to counsel, following the entry of this order. Signed by Judge Cathy Bissoon on 5/1/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 05/11/2020)

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Order

ORDER. At the request of counsel, the Telephonic Status Conference set for 5/14/20 at 11:15 a.m. is RESCHEDULED for Wednesday, 5/20/20, at 2:30 p.m. Only counsel shall participate, and participants are directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel are directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers, and the security code will be the same as previously supplied to counsel on 5/11/20. Signed by Judge Cathy Bissoon on 5/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 05/13/2020)

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Order

FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)

Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 5/20/2020. By 5/22/20, counsel jointly will submit a proposed consent order resolving the preliminary-injunction aspect of this litigation. Assuming and once the Court adopts the order, the case will be handed back to Chief Magistrate Judge Eddy for continued pretrial proceedings. (Court Reporter: Karen Earley) (dcd) (Entered: 05/20/2020)

Joint MOTION for Settlement Entry of Consent Order by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Grote, Bret) (Entered: 05/26/2020)

1 Exhibit

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2 Proposed Order

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ORDER granting 70 Joint Motion for approval of Consent Order. The Consent Order is adopted, with additions in paras. 4 & 17. Signed by Judge Cathy Bissoon on 5/27/20. (dcd) (Entered: 05/27/2020)

ORDER. Consistent with the contents of the Consent Order, Plaintiffs' Motion for Preliminary Injunction (Doc. 18 ) is DENIED AS MOOT. Otherwise, the case is returned to Chief Magistrate Judge Cynthia Reed Eddy for pretrial proceedings. Finally, the Court highlights that counsel must be familiar, and prepared to comply, with any and all remaining, applicable provisions of 18 U.S.C. ยง 3626. Signed by Judge Cathy Bissoon on 5/27/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 05/27/2020)

Order on Motion for Preliminary Injunction

STATUS REPORT TEXT ORDER: On or before June 8, 2020, each side shall file a status report stating its position on the following: (1) what issues remain in the case, and, as mentioned in Judge Bissoon's Order of 5/27/2020, what is the effect of the applicable provisions of 18 U.S.C. ยง 3636 on those issues; (2) is it anticipated that supplemental briefing will be necessary and, if so, identify on what issues supplemental briefing will be needed; and (3) in light of the Consent Order 71, is it anticipated that dispositive motions will be filed. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 5/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 05/28/2020)

Status Report Order

STATUS REPORT by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Grote, Bret) (Entered: 06/08/2020)