Case: Fulton v. City of Philadelphia

2:18-cv-02075 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: May 18, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 17, 2018, a Catholic foster care and social services agency and {} filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania, against the City of Philadelphia. The plaintiffs, represented by private counsel and by conservative public interest organization the Becket Fund for Religious Liberty, alleged that city of Philadelphia revoked new referrals of foster children to their organization because of their faith-based opposition to same-sex marriage. The compl…

On May 17, 2018, a Catholic foster care and social services agency and {} filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania, against the City of Philadelphia. The plaintiffs, represented by private counsel and by conservative public interest organization the Becket Fund for Religious Liberty, alleged that city of Philadelphia revoked new referrals of foster children to their organization because of their faith-based opposition to same-sex marriage. The complaint sought monetary and injunctive relief for violations of under 42 U.S.C. §1983, breach of contract, the First Amendment, Pennsylvania Constitution, and the due process and equal protection clauses of the Fourteenth Amendment. The case was assigned to Judge Petrese B. Tucker.

Plaintiffs asserted that Philadelphia's decision to revoke new foster care referrals breached their contract with the city and targeted them on religious grounds. According to the plaintiffs, the city had previously excepted them from providing foster care services to same-sex couples, and therefore the city's contract was ambiguous on whether they were required to provide these services to same-sex couples. They also alleged that the public statements made by the Mayor of Philadelphia and other public officials criticizing their refusal to serve same-sex couples indicated the city's decision to suspend the contract constituted religious discrimination.

On June 7, 2018, the plaintiffs filed a motion for a temporary restraining order (TRO) and preliminary injunction requesting that the Court reinstate referrals of foster children to the plaintiff. The defendants' opposition argued that the plaintiffs violated the City's Fair Practice Ordinance, which forbids discrimination against individuals in public accommodations, and was clearly included in the contract. Since the defendants were acting on behalf of the city, and the city was previously unaware of the plaintiffs' refusal to serve otherwise qualified same-sex couples, the defendants argued that they were within their right to suspend the contract.

On July 13, 2018, Judge Petrese B. Tucker denied the plaintiffs' motion for preliminary injunction and TRO. Judge Tucker held that the parties' intent was clear: the Fair Practices ordinance applied to the contract and that plaintiffs' services fell within "public accommodations"; therefore, the plaintiffs were required to serve anyone who sought their services. 320 F.Supp.3d 661. The Court rejected the defendants' claims that this violated the Free Exercise clause; it held that the city's policy was neutral and also found that there was insufficient discriminatory intent to trigger strict scrutiny review.

The plaintiffs appealed on the same day of this decision. On April 22, 2019, the United State Court of Appeals for the Third Circuit affirmed the lower court's decision, in an opinion by Judge Thomas L. Ambro. The Court of Appeals held that the City's nondiscrimination policy was neutral and the religious views of the plaintiff did not entitle it to an exception from the policy. Additionally, the Third Circuit found that the City had not targeted the plaintiffs "for its religious beliefs" nor was its decision "motivated by ill will against [the plaintiff's] religion, rather than sincere opposition to discrimination on the basis of sexual orientation." 922 F.3d 140.

The plaintiffs petitioned the Supreme Court for a writ of certiorari on July 22, 2019. The Supreme Court granted certiorari on February 24, 2020. 140 S.Ct. 1104. Numerous parties filed amici curiae briefs for both the plaintiff and the defendant. A group of United States Senators advocated for granting the injunction on religious liberty grounds, while others argued for preserving the lower court's decision and reasoning.

The case is ongoing with oral arguments scheduled for the upcoming 2020 Supreme Court term.

Summary Authors

Graham Rotenberg (6/14/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6761127/parties/fulton-v-city-of-philadelphia/


Judge(s)

Ambro, Thomas L. (Delaware)

Tucker, Petrese B. (Pennsylvania)

Attorneys(s) for Plaintiff

Barclay, Stephanie Hall (District of Columbia)

Centrella, Nicholas M. (Pennsylvania)

Coate, Jacob (District of Columbia)

Guernsey, John A. (Pennsylvania)

Haun, William (District of Columbia)

Rassbach, Eric C (District of Columbia)

Reaves, Nicholas (District of Columbia)

Rienzi, Mark (District of Columbia)

Judge(s)

Ambro, Thomas L. (Delaware)

Tucker, Petrese B. (Pennsylvania)

Attorneys(s) for Plaintiff

Barclay, Stephanie Hall (District of Columbia)

Centrella, Nicholas M. (Pennsylvania)

Coate, Jacob (District of Columbia)

Guernsey, John A. (Pennsylvania)

Haun, William (District of Columbia)

Rassbach, Eric C (District of Columbia)

Reaves, Nicholas (District of Columbia)

Rienzi, Mark (District of Columbia)

Windham, Lori H. (District of Columbia)

Attorneys(s) for Defendant

Bruhl, Elise (Pennsylvania)

Cortes, Diana P. (Pennsylvania)

Ewing, Eleanor N. (Pennsylvania)

Field, Benjamin H. (Pennsylvania)

Gupta, Deepak (District of Columbia)

Istvan, Jane Lovitch (Pennsylvania)

Matz, Joshua Adam (New York)

Oliver, Schaundra (Pennsylvania)

Peautz, Michael Wu-Kung (Pennsylvania)

Pfautz, Michael Wu-Kung (Pennsylvania)

Pratt, Marcel S. (Pennsylvania)

Taylor, Jonathan Swann (Tennessee)

Turner, Lark (District of Columbia)

Twinem, Alexandria (District of Columbia)

Other Attorney(s)

Cooper, Leslie (New York)

Davis, Elliott M. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Francisco, Noel (District of Columbia)

Hawkins, Kyle Douglas (Texas)

Hunt, Joseph H. (District of Columbia)

Magaziner, Fred T. (California)

Mateer, Jeffrey C (Texas)

Maugeri, Alexander Virgil (District of Columbia)

Mooppan, Hashim M. (District of Columbia)

Paxton, Ken (Texas)

Raab, Michael S. (District of Columbia)

Roper, Mary Catherine (Pennsylvania)

Sachse, Will W. (Pennsylvania)

Snyder, Benjamin W. (District of Columbia)

Sturgill, Lowell V. Jr. (District of Columbia)

Suri, Vivek (District of Columbia)

Tack-Hooper, Molly M. (Pennsylvania)

Treene, Eric W. (District of Columbia)

Volokh, Eugene (California)

Wall, Jeffrey B. (District of Columbia)

Wigglesworth, Catherine Vera (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

May 15, 2019 Docket
53

Order

July 13, 2018 Order/Opinion
3113217629

Opinion of the Court

U. S. Court of Appeals for the Third Circuit

922 F.3d 140

April 22, 2019 Order/Opinion

Brief for the States of Texas, Alabama, Arkansas, Louisiana, Missouri, Nebraska, Ohio, Oklahoma, West Virginia and the Commonwealth of Kentucky, by and Through Governor Matthew G. Bevin, as Amici Curiae in Support of Petitioners

Supreme Court of the United States

Aug. 26, 2019 Pleading / Motion / Brief

City Respondents' Brief in Opposition

Supreme Court of the United States

Oct. 10, 2019 Pleading / Motion / Brief

Reply Brief for Petitioners

Supreme Court of the United States

Oct. 28, 2019 Pleading / Motion / Brief

Opinion

Supreme Court of the United States

140 S.Ct. 1104

Feb. 24, 2020 Order/Opinion
1 (& 1-1 to 1-11)

Complaint

May 17, 2020 Complaint

Brief for Petitioners

Supreme Court of the United States

May 27, 2020 Pleading / Motion / Brief

Brief Amicus Curiae of Professor Eugene Volokh in Support of Neither Party

Supreme Court of the United States

June 2, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Fulton v. City of Philadelphia

ACLU

The ACLU and the ACLU of Pennsylvania, representing the Support Center for Child Advocates and Philadelphia Family Pride, intervened in a lawsuit brought by a taxpayer-funded government-contracted fo… Feb. 24, 2020 https://www.aclu.org/cases/fulton-v-city-philadelphia

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6761127/fulton-v-city-of-philadelphia/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS ( Filing fee $ 400 receipt number 178509.), filed by TONI LYNN SIMMS-BUSCH, SHARONELL FULTON, CECELIA PAUL, CATHOLIC SOCIAL SERVICES. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(jwl, ) (Entered: 05/17/2018)

1 Case Management Track Form

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2 Civil Cover Sheet

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3 Designation Form

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4 Exhibit

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5 Exhibit

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May 17, 2018 RECAP

Summons Issued

May 17, 2018 PACER
2

Disclosure Statement Form pursuant to FRCP 7.1 by CATHOLIC SOCIAL SERVICES.(jwl, ) (Entered: 05/17/2018)

May 17, 2018 RECAP

Summons Issued as to CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS. Three Forwarded To: Counsel on 5/17/18 (jwl, )

May 17, 2018 PACER
3

MOTION for Pro Hac Vice of Nicholas Reaves ( Filing fee $ 40 receipt number 0313-12842006.) filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service.(CENTRELLA, NICHOLAS) (Entered: 06/01/2018)

June 1, 2018 RECAP
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MOTION for Pro Hac Vice of Lori Windham ( Filing fee $ 40 receipt number 0313-12842042.) filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service.(CENTRELLA, NICHOLAS) (Entered: 06/01/2018)

June 1, 2018 RECAP
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MOTION for Pro Hac Vice of Mark L. Rienzi ( Filing fee $ 40 receipt number 0313-12842065.) filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service.(CENTRELLA, NICHOLAS) (Entered: 06/01/2018)

June 1, 2018 RECAP
6

Proposed Order Granting 7 Plaintiffs Motion for Leave to File a Memorandum Over 25 Pages filed by CATHOLIC SOCIAL SERVICES.(CENTRELLA, NICHOLAS) Modified on 6/6/2018 (tjd). (Entered: 06/05/2018)

June 5, 2018 RECAP
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MOTION for Leave to File Excess Pages in Support of their Motion for a Temporary Restraining Order and Preliminary Injunction filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.PLF's Opposed MTN for Leave and Cert of Service.(CENTRELLA, NICHOLAS) (Entered: 06/05/2018)

June 5, 2018 RECAP
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NOTICE of Appearance by BENJAMIN H. FIELD on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(FIELD, BENJAMIN) (Entered: 06/05/2018)

June 5, 2018 RECAP
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NOTICE of Appearance by ELEANOR N. EWING on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(EWING, ELEANOR) (Entered: 06/05/2018)

June 5, 2018 RECAP
10

MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Memorandum and Certificate of Service. (Attachments: # 1 Text of Proposed Order Order, # 2 Memorandum Memorandum of Law, # 3 Exhibit 1, # 4 Exhibit 1-A - a (1-25), # 5 Exhibit 1-A - b (26-50), # 6 Exhibit 1-A - c (51-75), # 7 Exhibit 1-A - d (76 - 100), # 8 Exhibit 1-A - e (101 - 123), # 9 Exhibit 1-B, # 10 Exhibit 1-C, # 11 Exhibit 1-D, # 12 Exhibit 1-E, # 13 Exhibit 1-F, # 14 Exhibit 1-G, # 15 Exhibit 1-H, # 16 Exhibit 1-I, # 17 Exhibit 1-J, # 18 Exhibit 1-K, # 19 Exhibit 1-L, # 20 Exhibit 1-M, # 21 Exhibit 1-N, # 22 Exhibit 1-O, # 23 Exhibit 1-P, # 24 Exhibit 1-Q, # 25 Exhibit 1-R, # 26 Exhibit 1-S, # 27 Exhibit 1-T, # 28 Exhibit 1-U, # 29 Exhibit 1-V, # 30 Exhibit 1-W, # 31 Exhibit 2, # 32 Exhibit 3, # 33 Exhibit 4, # 34 Exhibit 5, # 35 Exhibit 6)(CENTRELLA, NICHOLAS) (Entered: 06/05/2018)

June 5, 2018 PACER
11

ORDER THAT PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE A MEMORANDUM OVER 25 PAGES IN SUPPORT OF THEIR MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION IS GRANTED. DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR A TEMPORARARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION BY NO LATER THAN 6/12/18. THE PARTIES SHALL APPEAR FOR A EVIDENTIARY HEARING ON PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION ON 6/18/18 AT 2:00 PM IN COURTROOM 16B. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/6/18. 6/6/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ). (Entered: 06/06/2018)

June 6, 2018 RECAP
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ORDER THAT THE APPLICATIONS FOR ADMISSION PRO HAC VICE OF NICHOLAS R. REAVES, ESQ, LORI H. WINDHAM, ESQ AND MARK L. RIENZI, ESQ ARE GRANTED AND NICHOLAS R. REAVES, ESQ, LORI H. WINDHAM, ESQ AND MARK L. RIENZI, ESQ ARE ADMITTED PRO HAC VICE TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYVANIA FOR THE PENDENCY OF THIS MATTER. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/6/18. 6/6/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) (Entered: 06/06/2018)

June 6, 2018 RECAP
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Amended MOTION for Temporary Restraining Order, Amended MOTION for Preliminary Injunction filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum, # 3 Exhibit 1 part 1, Amato Declaration, # 4 Exhibit 1 part 2, # 5 Exhibit 1 part 3, # 6 Exhibit 1 part 4, # 7 Exhibit 1 part 5, # 8 Exhibit 1 part 6, # 9 Exhibit 1 part 7, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6)(RIENZI, MARK) (Entered: 06/07/2018)

1 Text of Proposed Order

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2 Memorandum

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3 Exhibit 1 part 1, Amato Declaration

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4 Exhibit 1 part 2

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5 Exhibit 1 part 3

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6 Exhibit 1 part 4

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7 Exhibit 1 part 5

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8 Exhibit 1 part 6

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9 Exhibit 1 part 7

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10 Exhibit 2

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11 Exhibit 3

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12 Exhibit 4

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13 Exhibit 5

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14 Exhibit 6

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June 7, 2018 RECAP
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MOTION to Intervene filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES.Certificate of Service.(WIGGLESWORTH, CATHERINE) (Entered: 06/08/2018)

June 8, 2018 RECAP
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NOTICE of Appearance by MOLLY M. TACK-HOOPER on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES with Certificate of Service(TACK-HOOPER, MOLLY) (Entered: 06/11/2018)

June 11, 2018 RECAP
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NOTICE of Appearance by MARY CATHERINE ROPER on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES with Certificate of Service(ROPER, MARY) (Entered: 06/11/2018)

June 11, 2018 RECAP
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NOTICE of Appearance by DIANA P. CORTES on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(CORTES, DIANA) (Entered: 06/12/2018)

June 12, 2018 RECAP
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MOTION for Pro Hac Vice Admission of Leslie Cooper ( Filing fee $ 40 receipt number 0313-12863444.) filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES.Certificate of Service.(TACK-HOOPER, MOLLY) (Entered: 06/12/2018)

June 12, 2018 RECAP
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MOTION to Seal filed by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS.Motion for Leave to File Under Seal with Certificate of Service and Proposed Order. (Attachments: # 1 Text of Proposed Order)(FIELD, BENJAMIN) (Entered: 06/12/2018)

1 Text of Proposed Order

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June 12, 2018 PACER
20

RESPONSE in Opposition re 13 Amended MOTION for Temporary Restraining Order Amended MOTION for Preliminary Injunction, 10 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS. (Attachments: # 1 Exhibit Ex.1 - Declaration of K. Ali, # 2 Exhibit Ex. 1-A, # 3 Exhibit Ex. 1-B, # 4 Exhibit Ex. 1-C, # 5 Exhibit Ex. 1-D, # 6 Exhibit Ex. 2 - Declaration of C. Figueroa, # 7 Exhibit Ex. 3 - Declaration of B. Field, # 8 Exhibit Ex. 3-A, # 9 Exhibit Ex. 3-B, # 10 Text of Proposed Order Proposed Order)(FIELD, BENJAMIN) (Entered: 06/12/2018)

1 Exhibit Ex.1 - Declaration of K. Ali

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2 Exhibit Ex. 1-A

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3 Exhibit Ex. 1-B

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4 Exhibit Ex. 1-C

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5 Exhibit Ex. 1-D

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6 Exhibit Ex. 2 - Declaration of C. Figueroa

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7 Exhibit Ex. 3 - Declaration of B. Field

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8 Exhibit Ex. 3-A

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9 Exhibit Ex. 3-B

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10 Text of Proposed Order Proposed Order

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June 12, 2018 RECAP
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Memorandum of law in opposition to plffs' motion for temporary restraining order and preliminary injunction, Certificate of Service, filed by DEFTS CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS. (FILED UNDER SEAL) (kw, ) (Additional attachment(s) added on 6/14/2018: # 1 sealed document) (tjd, ). (Entered: 06/13/2018)

June 13, 2018 PACER
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MOTION for Pro Hac Vice of Stephanie H. Barclay ( Filing fee $ 40 receipt number 0313-12866336.) filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service.(CENTRELLA, NICHOLAS) (Entered: 06/13/2018)

June 13, 2018 RECAP
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Letter to Judge Tucker dated June 14, 2018 by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS Regarding Confidential Information (FIELD, BENJAMIN) Modified on 6/18/2018 (tjd). (Entered: 06/14/2018)

June 14, 2018 RECAP
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Letter to Judge Tucker dated June 14, 2018 by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH (Attachments: # 1 Declaration)(RIENZI, MARK) Modified on 6/18/2018 (tjd). (Entered: 06/14/2018)

1 Declaration

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June 14, 2018 PACER
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ORDER THAT COUNSEL SHALL APPEAR AT THE EVIDENTIARY HEARING SCHEDULED FOR 6/18/2018 AT 2:00 P.M. IN COURTROOM 16B, JAMES A. BYRNE U.S. COURTHOUSE, 601 MARKET STREET, PHILA., PA 19106, ETC. IT IS FURTHER ORDERED THAT PLFFS' APPLICATION FOR ADMISSION PRO HAC VICE OF STEPHANIE H. BARCLAY & DEFTS' APPLICATION FOR ADMISSION PRO HAC VICE OF LESLIE COOPER ESQ. ARE GRANTED, ETC. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/14/18. 6/15/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (ECF FORM MAILED TO STEPHANIE H. BARCLAY, ESQ.) Modified on 6/15/2018 (kw, ). (Entered: 06/15/2018)

June 14, 2018 RECAP
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NOTICE of Appearance by JOHN A. GUERNSEY on behalf of CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH (Attachments: # 1 Certificate of Service Certificate of Service for John A. Guernsey)(GUERNSEY, JOHN) (Entered: 06/15/2018)

1 Certificate of Service Certificate of Service for John A. Guernsey

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June 15, 2018 PACER
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Memorandum of Law in Support re 14 MOTION to Intervene filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES. Certificate of Service. (Attachments: # 1 Proposed Answer, # 2 Declaration of Frank P. Cervone, # 3 Declaration of Stephanie Haynes)(TACK-HOOPER, MOLLY) Modified on 6/25/2018 (tjd). (Entered: 06/15/2018)

1 Proposed Answer

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2 Declaration of Frank P. Cervone

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3 Declaration of Stephanie Haynes

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June 15, 2018 RECAP
28

MOTION for Leave to File Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A, Proposed Intervenors' Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction)(WIGGLESWORTH, CATHERINE) (Entered: 06/18/2018)

1 Exhibit A, Proposed Intervenors' Opposition to Plaintiffs' Motion for

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June 18, 2018 PACER
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NOTICE of Appearance by WILL W. SACHSE on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES with Certificate of Service(SACHSE, WILL) (Entered: 06/18/2018)

June 18, 2018 PACER
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NOTICE of Appearance by SCHAUNDRA OLIVER on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(OLIVER, SCHAUNDRA) (Entered: 06/18/2018)

June 18, 2018 PACER
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ORDER THAT THE CITY PARTIES' 19 MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL IS GRANTED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/18/18.6/20/18 ENTERED AND COPIES MAILED & E-MAILED.(fdc) (Entered: 06/20/2018)

June 20, 2018 PACER
32

ORDER THAT THE FIRST MOTION 10 IS DISMISSED AS MOOT AND THE AMENDED MOTION 13 SHALL BE TREATED AS PLAINTIFFS' ORIGINAL FILING FOR THE PURPOSE OF THIS CASE. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MAINTAIN THE FIRST MOTION 10 UNDER SEAL TO PROTECT THE PRIVACY INTERESTS AND IDENTITIES OF CERTAIN MINOR CHILDREN IDENTIFIED IN THE FIRST MOTION. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/20/18.6/20/18 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 06/20/2018)

June 20, 2018 PACER
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ORDER THAT PROPOSED INTERVENORS' 28 MOTION FOR LEAVE TO FILE THEIR MEMORANDUM OF LAW, OR, IN THE ALTERNATIVE, AMICUS BRIEF, IN OPPOSITION TO PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION IS GRANTED IN THAT THE COURT ACCEPTS PROPOSED INTERVENORS' MEMORANDUM OF LAW, OR, IN THE ALTERNATIVE, AMICUS BRIEF, IN OPPOSITION TO PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION ("AMICUS BRIEF") (DOC.28-1), ATTACHED AS EXHIBIT A TO THE MOTION FOR LEAVE, AS AN AMICUS BRIEF. THE AMICUS BRIEF SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/20/18.6/20/18 ENTERED AND COPIES MAILED & E-MAILED.(fdc) (Entered: 06/20/2018)

June 20, 2018 PACER
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Memorandum of Law, or, in the Alternative, Amicus Brief, in Opposition to Plaintiffs' 10 Motion for Temporary Restraining Order and Preliminary Injunction filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES. (fdc) (Main Document 34 replaced on 6/21/2018) (afm, ). (Entered: 06/20/2018)

June 20, 2018 RECAP
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NOTICE by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES of Withdrawal of appearance of Frank Cervone as Counsel (ROPER, MARY) (Entered: 06/21/2018)

June 21, 2018 PACER
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Minute Entry for proceedings held before HONORABLE PETRESE B. TUCKER TRO Motion Hearing was held on 6/18/18 (jaa, ) Modified on 6/22/2018 (jaa, ). COURT REPORTER/ESR. (Entered: 06/22/2018)

June 21, 2018 PACER
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Minute Entry for proceedings held before HONORABLE PETRESE B. TUCKER TRO Motion Hearing was held on 6/19/18 (jaa, ) Modified on 6/22/2018 (jaa, ). COURT REPORTER/ESR. (Entered: 06/22/2018)

June 21, 2018 PACER
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NOTICE by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS Regarding New Evidence at Hearing (FIELD, BENJAMIN) (Entered: 06/22/2018)

June 22, 2018 PACER
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Minute Entry, Hearing re: TRO Motion Hearing for proceedings held before HONORABLE PETRESE B. TUCKER in Courtroom 16B on 6/21/18. Court Reporter: Lynn McCloskey. (kw, ) (Entered: 06/25/2018)

June 22, 2018 PACER
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Letter to Judge Tucker dated June 25, 2018 by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH re 36 Notice (Other) in response to City's 6/22 letter (RIENZI, MARK) Modified on 6/26/2018 (tjd). (Entered: 06/25/2018)

June 25, 2018 RECAP
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Letter to Judge Tucker dated June 27, 2018 by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH re NIFLA v. Becerra Supreme Court decision (Attachments: # 1 Supreme Court decision)(RIENZI, MARK) Modified on 6/29/2018 (tjd). (Entered: 06/27/2018)

1 Supreme Court decision

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June 27, 2018 RECAP
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Letter to Judge Tucker dated June 28, 2018 by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH re Janus v. American Federation of State, County, and Municipal Employees Council Supreme Court decision (Attachments: # 1 Supreme Court Opinion)(RIENZI, MARK) Modified on 7/2/2018 (tjd). (Entered: 06/28/2018)

1 Supreme Court Opinion

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June 28, 2018 RECAP
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NOTICE of Appearance by FRED T. MAGAZINER on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES with Certificate of Service(MAGAZINER, FRED) (Entered: 06/28/2018)

June 28, 2018 PACER
44

NOTICE of Appearance by JANE LOVITCH ISTVAN on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(ISTVAN, JANE) (Entered: 06/28/2018)

June 28, 2018 PACER
45

Proposed Findings of Fact and Conclusions of Law by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS. Certificate of Service (EWING, ELEANOR) (Entered: 06/28/2018)

June 28, 2018 RECAP
46

Proposed Findings of Fact and Conclusions of Law by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. Certificate of Service (Attachments: # 1 Exhibit Supplemental Declaration of James Amato)(RIENZI, MARK) (Entered: 06/28/2018)

1 Exhibit Supplemental Declaration of James Amato

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June 28, 2018 PACER
47

Letter to Judge Tucker dated June 29, 2018 by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS Objecting to Supplemental Declaration (EWING, ELEANOR) Modified on 7/5/2018 (tjd). (Entered: 06/29/2018)

June 29, 2018 RECAP
48

Memorandum of Law in Opposition re 14 MOTION to Intervene filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. (RIENZI, MARK) Modified on 7/5/2018 (tjd). (Entered: 06/29/2018)

June 29, 2018 RECAP
49

Letter to Judge Tucker dated July 10, 2018 by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH (RIENZI, MARK) Modified on 7/13/2018 (tjd). (Entered: 07/10/2018)

July 10, 2018 PACER
50

Letter to Judge Tucker dated July 11, 2018 by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS re 49 Notice (Other) (FIELD, BENJAMIN) Modified on 7/17/2018 (tjd). (Entered: 07/11/2018)

July 11, 2018 RECAP
51

WAIVER OF SERVICE Returned Executed by CECELIA PAUL, SHARONELL FULTON, TONI LYNN SIMMS-BUSCH, CATHOLIC SOCIAL SERVICES. Waivers sent to All Defendants on 5/30/2018, answers due 7/30/2018. (WINDHAM, LORI) Modified on 7/16/2018 (tjd). (Entered: 07/12/2018)

July 12, 2018 PACER
52

MEMORANDUM FILED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 07/13/2018. 07/13/2018 ENTERED AND COPIES MAILED AND E-MAILED.(dt) (Entered: 07/13/2018)

July 13, 2018 RECAP
53

ORDER OF 7/13/18 THAT PLAINTIFF'S INJUNCTION MOTION IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANTS CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, AND PHILADELPHIA COMMISSION ON HUMAN RELATIONS SHALL FILE AN ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT (DOC. 1) NO LATER THAN TWENTY-ONE (21) DAYS FROM THE DATE OF THIS ORDER. SIGNED BY JUDGE PETRESE B. TUCKER. 7/13/18 ENTERED AND COPIES MAILED AND E-MAILED. (DT) (Entered: 07/13/2018)

July 13, 2018 RECAP
54

NOTICE OF APPEAL as to 53 Order (Memorandum and/or Opinion), by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. Filing fee $ 505, receipt number 0313-12924159. Copies to Judge, Clerk USCA, Appeals Clerk.**(FILED IN ERROR BY ATTY, SEE DOCUMENT 55 FOR CORRECT NOTICE OF APPEAL)** (WINDHAM, LORI) Modified on 7/17/2018 (tjd). (Entered: 07/13/2018)

July 13, 2018 RECAP
55

NOTICE OF APPEAL as to 53 Order (Memorandum and/or Opinion), by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. Filing fee $ 505, receipt number 0313-12924159. Copies to Judge, Clerk USCA, and Appeals Clerk. (RIENZI, MARK) Modified on 7/17/2018 (tjd). (Entered: 07/13/2018)

July 13, 2018 PACER
56

Emergency MOTION for Injunction pending appeal filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. Brief. (Attachments: # 1 Brief in support of motion, # 2 Text of Proposed Order)(RIENZI, MARK) Modified on 7/18/2018 (tjd). (Entered: 07/14/2018)

1 Brief in support of motion

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2 Text of Proposed Order

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July 14, 2018 PACER
57

NOTICE of Docketing Record on Appeal from USCA re 55 Notice of Appeal, filed by TONI LYNN SIMMS-BUSCH, CECELIA PAUL, CATHOLIC SOCIAL SERVICES, SHARONELL FULTON. USCA Case Number 18-2574 (dmc, ) Modified on 7/17/2018 (dmc, ). (Entered: 07/17/2018)

July 16, 2018 PACER
58

ORDER THAT DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL BY 7/23/18; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/18/18. 7/18/18 ENTERED AND E-MAILED.(jl, ) (Entered: 07/18/2018)

July 18, 2018 PACER
59

ORDER THAT THE MOTION OF THE SUPPORT CENTER FOR CHILD ADVOCATES AND PHILADELPHIA FAMILY PRIDE TO INTERVENE AS DEFENDANTS IS STAYED; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/18/18. 7/18/18 ENTERED AND E-MAILED.(jl, ) (Entered: 07/18/2018)

July 18, 2018 PACER
60

MOTION for Reconsideration re 59 Order or, Alternatively, for Indicative Ruling pursuant to FRCP 62.1 filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES.certificate of service. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(ROPER, MARY) (Entered: 07/20/2018)

1 Text of Proposed Order

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2 Text of Proposed Order

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July 20, 2018 PACER
61

Memorandum of Law in Opposition re 56 Emergency MOTION to Enjoin Defendants, pending appeal with Proposed Order and Certification of Service filed by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS. (Attachments: # 1 Text of Proposed Order)(FIELD, BENJAMIN) Modified on 7/26/2018 (tjd). (Entered: 07/23/2018)

1 Text of Proposed Order

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July 23, 2018 RECAP
63

ORDER THAT PLFFS' EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL (ECF NO. 56), IS DENIED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/24/18.7/25/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 07/25/2018)

July 24, 2018 RECAP
62

Letter to Judge Tucker dated July 25, 2018 filed by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS.(FIELD, BENJAMIN) Modified on 7/25/2018 (tjd). (Entered: 07/25/2018)

July 25, 2018 RECAP
64

ORDER THAT DEFTS' DEADLINE FOR FILING AN ANSWER OR RESPONSE TO PLFFS' COMPLAINT (DOC. 1) IS CONTINUED UNTIL FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/26/18. 7/27/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 07/27/2018)

July 26, 2018 PACER
65

ORDER THAT TO THE EXENT THAT PARTIES WISH TO RESPOND TO THE MOTION FOR RECONSIDERATION, (DOC. 60), PARTIES SHALL RESPOND ON OR BEFORE 7/30/2018. IT IS FURTHER ORDERED THAT NO REPLY BRIEFS IN CONNECTION WITH THIS MOTION FOR RECONSIDERATION SHALL BE FILED WITHOUT LEAVE OF COURT. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/26/18. 7/27/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 07/27/2018)

July 26, 2018 PACER
66

RESPONSE in Opposition re 60 MOTION for Reconsideration re 59 Order or, Alternatively, for Indicative Ruling pursuant to FRCP 62.1 filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. (WINDHAM, LORI) (Entered: 07/30/2018)

July 30, 2018 PACER
67

NOTICE of Appearance by MICHAEL WU-KUNG PFAUTZ on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(PFAUTZ, MICHAEL) (Entered: 07/31/2018)

July 31, 2018 PACER
68

ORDER THAT PROPOSED INTERVENORS' MOTION FOR RECONSIDERATION OF THE COURT'S ORDER STAYING THE MOTION FOR LEAVE TO INTERVENE OR, IN THE ALTERNATIVE, THAT THE COURT AMEND ITS ORDER TO INCLUDE AN INDICATIVE RULING PURSUANT TO F.R.C.P. 62.1 IS GRANTED, ETC. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/1/18.8/2/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 08/02/2018)

Aug. 1, 2018 RECAP
69

ORDER THAT PROPOSED INTERVENORS' MOTION TO INTERVENE IS GRANTED & THE CLERK OF COURT SHALL LIST SUPPORT CENTER FOR CHILD ADVOCATES AND PHILADELPHIA FAMILY PRIDE AS DEFTS IN THIS MATTER. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/13/18.8/14/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 08/14/2018)

Aug. 13, 2018 RECAP
70

MOTION to Stay filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service.(RIENZI, MARK) (Entered: 05/14/2019)

May 14, 2019 PACER
71

ORDER THAT PLFFS' UNOPPOSED MOTION FOR STAY DATED 5/14/2019 IS GRANTED. ALL FURTHER PROCEEDINGS IN THIS CASE ARE STAYED PENDING THE DISPOSITION OF PLFFS' PETITION FOR CERTIORARI TO THE SUPREME COURT. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/15/19.5/16/19 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 05/16/2019)

May 15, 2019 RECAP
72

NOTICE of Withdrawal of Appearance by STEPHANIE H. BARCLAY on behalf of CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH(BARCLAY, STEPHANIE) (Entered: 02/09/2021)

Feb. 9, 2021 PACER
73

Certified copy of Order of USCA, dated 7/19/2021, as to 55 Notice of Appeal, filed by TONI LYNN SIMMS-BUSCH, CECELIA PAUL, CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, that the mandate issued on 5/14/2019 is hereby recalled in light of the U.S. Supreme Court's decision vacating the judgment of this Court and remanding the matter for further proceedings. (kw, ) (Entered: 07/19/2021)

July 19, 2021 RECAP
74

Certified copy of MANDATE of USCA, dated 7/28/21, as to 55 Notice of Appeal, filed by TONI LYNN SIMMS-BUSCH, CECELIA PAUL, CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, that the judgment of the District Court is reversed and the matter is remanded to the District Court for further proceedings. The clerk is directed to issue the mandate forthwith. (kw, ) (Entered: 07/29/2021)

July 28, 2021 RECAP
75

NOTICE of Appearance by WITOLD J. WALCZAK on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES (WALCZAK, WITOLD) (Entered: 09/08/2021)

Sept. 8, 2021 RECAP
76

NOTICE of Withdrawal of Appearance by ELEANOR N. EWING on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS(EWING, ELEANOR) (Entered: 09/10/2021)

Sept. 10, 2021 RECAP
77

Joint MOTION to Approve Consent Judgment filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service. (Attachments: # 1 Exhibit Proposed Consent Judgment)(WINDHAM, LORI) (Entered: 09/24/2021)

1 Exhibit Proposed Consent Judgment

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Sept. 24, 2021 PACER
78

NOTICE of Withdrawal of Appearance by MARY CATHERINE ROPER on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES(ROPER, MARY) (Entered: 09/25/2021)

Sept. 25, 2021 PACER
79

ORDER THAT PARTIES' JOINT MOTION FOR CONSENT JUDGMENT (ECF NO. 77) IS GRANTED, ETC. ORDERED THAT PLFFS' NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE OF COUNTS I-III AND V-XVI IS HEREBY ENTERED & THOSE CLAIMS ARE DISMISSED, ETC. & THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.SIGNED BY HONORABLE PETRESE B. TUCKER ON 10/1/21.10/1/21 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 10/01/2021)

Oct. 1, 2021 RECAP

State / Territory: Pennsylvania

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: May 18, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Catholic foster care agency and social services organization

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Philadelphia (Government, Philadelphia), City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Gay/lesbian/transgender

Religious programs / policies

Discrimination-area:

Contracting

Discrimination-basis:

Religion discrimination

Sexual orientatation

Type of Facility:

Government-run