Case: County of Butler v. Wolf

2:20-cv-00677 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Aug. 11, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This constitutional claims action was filed by Pennsylvania counties, residents, and businesses on May 7, 2020, seeking injunctive and declaratory relief from the state's public safety orders. The court granted declaratory relief to the plaintiffs on September 14, 2020. The plaintiffs, four Pennsylvania counties and several Pennsylvania residents and business organizations, brought this action in the United States District Court for the Western District of Pennsylvania on May …

COVID-19 Summary: This constitutional claims action was filed by Pennsylvania counties, residents, and businesses on May 7, 2020, seeking injunctive and declaratory relief from the state's public safety orders. The court granted declaratory relief to the plaintiffs on September 14, 2020.


The plaintiffs, four Pennsylvania counties and several Pennsylvania residents and business organizations, brought this action in the United States District Court for the Western District of Pennsylvania on May 7, 2020 against the Governor of Pennsylvania and the Secretary of the state's Department of Health. The suit was in response to a March 19, 2020 order that prohibited the operation of non-"life sustaining" businesses during the COVID-19 pandemic.

The plaintiffs claimed that the shutdown order violated the Takings Clause of the Fifth Amendment of the United States Constitution, the Substantive and Procedural Due Process protections of the Fourteenth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and the First Amendment's right to free association. The plaintiffs sought an injunction preventing further enforcement of the business shutdown order and the elimination of the waiver system. They also sought a declaratory judgment that the issuance and enforcement of the order is unconstitutional.

On May 28, 2020, the court allowed the case to continue, despite an ease in restrictions. 2020 WL 2769105. The court found that declaratory relief for the plaintiffs could still be awarded even if injunctive relief was now impossible under their claims. However, the court did set aside plaintiffs' Fifth Amendment takings clause claims and their Fourteenth Amendment procedural due process claims regarding the state's waiver process. The court found that declaratory relief was not appropriate for either of these claims, but allowed the case to continue on all other claims.

On September 14, 2020, the court dismissed the county plaintiffs from the case, finding. District Judge William Stickman IV found that the county plaintiffs were improper because they are not conferred constitutional rights under the U.S. Constitution. 2020 WL 5510690. Judge Stickman determined that the defendants' limits on gatherings violated the plaintiffs' right to free speech and their right of assembly because the limitations were not narrowly tailored to serve a government interest. The court also found that the defendants' orders violated the plaintiffs' substantive due process rights under the Fourteenth Amendment, finding that broad and population and business lockdowns are nearly impossible under the Constitution. In addition, the court found that the business lockdowns violated the equal protection clause of the Fourteenth Amendment, since large retailers largely remained open while small specialty stores were forced to close.

On October 1, 2020, the United States Court of Appeals for the Third Circuit granted a motion by the appellants for stay of the district court's order pending appeal. USCA Case Number 20-2936. The appeal is ongoing.

Summary Authors

Nicholas Gillan (11/3/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17139062/parties/county-of-butler-v-thomas-w-wolf/


Judge(s)

Chagares, Michael A. (New Jersey)

Shwartz, Patty (New Jersey)

Smith, David Brooks (Pennsylvania)

Stickman, William Shaw IV (Pennsylvania)

Attorneys(s) for Plaintiff

Breth, Thomas E (Pennsylvania)

Elliott, Ronald T (Pennsylvania)

Grimm, Robert Eugene (Pennsylvania)

King, Thomas W (Pennsylvania)

Shuber, Jordan P (Pennsylvania)

Attorneys(s) for Defendant

Romano, Karen Mascio (Pennsylvania)

Judge(s)

Chagares, Michael A. (New Jersey)

Shwartz, Patty (New Jersey)

Smith, David Brooks (Pennsylvania)

Stickman, William Shaw IV (Pennsylvania)

Attorneys(s) for Plaintiff

Breth, Thomas E (Pennsylvania)

Elliott, Ronald T (Pennsylvania)

Grimm, Robert Eugene (Pennsylvania)

King, Thomas W (Pennsylvania)

Shuber, Jordan P (Pennsylvania)

Attorneys(s) for Defendant

Romano, Karen Mascio (Pennsylvania)

Other Attorney(s)

Joseph, Lawrence J (District of Columbia)

Documents in the Clearinghouse

Document

2:20-cv-00677

20-02936

Docket [PACER]

Oct. 1, 2020

Oct. 1, 2020

Docket
1

2:20-cv-00677

Complaint in Civil Action Seeking Declaratory Judgment and Injunctive Relief

May 7, 2020

May 7, 2020

Complaint
15

2:20-cv-00677

Memorandum Opinion and Order of Court

2020 WL 2769105

May 28, 2020

May 28, 2020

Order/Opinion
80

2:20-cv-00677

Declaratory Judgment Order

Sept. 14, 2020

Sept. 14, 2020

Order/Opinion
79

2:20-cv-00677

Opinion

486 F.Supp.3d 883, 2020 WL 5510690

Sept. 14, 2020

Sept. 14, 2020

Order/Opinion
90

2:20-cv-00677

Final Declaratory Judgment

Sept. 22, 2020

Sept. 22, 2020

Order/Opinion
91

2:20-cv-00677

Memorandum Order

2020 WL 5647480

Sept. 22, 2020

Sept. 22, 2020

Order/Opinion
100

2:20-cv-00677

20-02936

Order

County of Butler v. Governor of Pennsylvania

U. S. Court of Appeals for the Third Circuit

2020 WL 5868393

Oct. 1, 2020

Oct. 1, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17139062/county-of-butler-v-thomas-w-wolf/

Last updated Aug. 5, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against RACHEL LEVINE, THOMAS W. WOLF (Filing fee, including Administrative fee, $400, receipt number 0315-5599356), filed by R.W. MCDONALD & SONS, INC., MIKE GIFFORD, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, TIM BONNER, COUNTY OF BUTLER, MARCI MUSTELLO, MIKE KELLY, CATHY HOSKINS, COUNTY OF FAYETTE, SKYVIEW DRIVE-IN, LLC, NANCY GIFFORD, DARYL METCALFE, PRIMA CAPELLI, INC., STARLIGHT DRIVE-IN, INC., STEVEN SCHOEFFEL, COUNTY OF GREENE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons) (ma) (Entered: 05/07/2020)

1 Exhibit A

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2 Exhibit B

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3 Civil Cover Sheet

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4 Summons

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5 Summons

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May 7, 2020

May 7, 2020

RECAP
2

Summons Issued as to RACHEL LEVINE, THOMAS W. WOLF (Attachments: # 1 Summons) (ma) (Entered: 05/07/2020)

1 Summons

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May 7, 2020

May 7, 2020

PACER
3

NOTICE of Appearance by Ronald T. Elliott on behalf of TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Elliott, Ronald) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
4

NOTICE of Appearance by Jordan P. Shuber on behalf of TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Shuber, Jordan) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
5

NOTICE of Appearance by Thomas E. Breth on behalf of TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Breth, Thomas) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

NOTICE RE: NextGen

May 16, 2020

May 16, 2020

PACER

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)

May 16, 2020

May 16, 2020

PACER
6

NOTICE of Appearance by Karen Mascio Romano on behalf of RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
7

WAIVER OF SERVICE Returned Executed by RACHEL LEVINE, THOMAS W. WOLF. RACHEL LEVINE waiver sent on 5/7/20; answer due on 7/7/20. THOMAS W. WOLF waiver sent on 5/7/20, answer due on 7/7/20. (Romano, Karen) Modified text on 5/21/2020. (ma) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
8

Disclosure Statement identifying None as corporate parent or other affiliate, by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (King, Thomas) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER

Update Answer Deadline: Answer due from RACHEL LEVINE on 7/7/2020; THOMAS W. WOLF on 7/7/2020 (ma)

May 20, 2020

May 20, 2020

PACER

Update Answer Deadline

May 20, 2020

May 20, 2020

PACER
9

MOTION for Declaratory Judgment (Speedy Hearing Pursuant to Rule 57) by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Proposed Order) (King, Thomas) (Entered: 05/20/2020)

1 Proposed Order

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May 20, 2020

May 20, 2020

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BRIEF in Support re 9 Motion for Declaratory Judgment, (Speedy Hearing Pursuant to Rule 57) filed by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (King, Thomas) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
11

SCHEDULING ORDER. Response to 9 Motion for Declaratory Judgment due by 5/26/2020. Telephonic Oral Argument set for 5/27/2020 at 3:00 PM before Judge William S. Stickman. Page limitations and call parameters outlined herein. Signed by Judge William S. Stickman on 05/21/20. (eca) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
12

RESPONSE to Motion re 9 MOTION for Declaratory Judgment (Speedy Hearing Pursuant to Rule 57) filed by RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
13

BRIEF in Opposition re 9 Motion for Declaratory Judgment, filed by RACHEL LEVINE, THOMAS W. WOLF. (Attachments: # 1 Appendix Unpublished Opinions) (Romano, Karen) (Entered: 05/26/2020)

1 Appendix Unpublished Opinions

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May 26, 2020

May 26, 2020

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Minute Entry for proceedings held before Judge William S. Stickman: Telephonic Oral Argument held on 5/27/2020. (Court Reporter: Deborah Betzler) (eca) (Entered: 05/28/2020)

May 27, 2020

May 27, 2020

PACER
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MEMORANDUM OPINION and ORDER GRANTING IN PART AND DENYING IN PART 9 Motion for a Speedy Hearing of Declaratory Judgment Action Pursuant to Rule 57. The Court holds that expedited proceedings to examine the claims at Counts II, IV and V are warranted. The Court denies the motion as to Counts I and III. Status Report due by 6/1/2020 at 5:00 PM. Telephonic Status Conference set for 6/2/2020 at 9:30 AM before Judge William S. Stickman. Signed by Judge William S. Stickman on 05/28/20. (eca) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

RECAP
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STATUS REPORT by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Breth, Thomas) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
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Minute Entry for proceedings held before Judge William S. Stickman: Telephonic Status Conference held on 6/2/2020. (Court Reporter: Deborah Betzler) (eca) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
18

CASE MANAGEMENT ORDER. Answer due 06/05/20; Exchange of initial disclosures by 06/05/20; Initial disclosures by 06/12/20; Joint Status Report on discovery due 06/16/20; Declaratory Judgment Hearing set for 07/17/20 at 9:30 AM before Judge William S. Stickman; Joint Status Report on the hearing due 07/09/20; Declarations/Affidavits due by 07/09/20; Pre-hearing briefs by 07/09/20. Signed by Judge William S. Stickman on 06/02/20. (eca) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
19

ANSWER to 1 Complaint,, with Affirmative Defenses by RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

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AFFIDAVIT by COUNTY OF BUTLER Affiant: Leslie Osche. (Attachments: # 1 Exhibit) (King, Thomas) (Entered: 07/09/2020)

1 Exhibit

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July 9, 2020

July 9, 2020

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AFFIDAVIT by COUNTY OF WASHINGTON Affiant: Diana Irey Vaughan. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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AFFIDAVIT by COUNTY OF GREENE Affiant: Mike Belding. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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AFFIDAVIT by COUNTY OF FAYETTE Affiant: David Lohr. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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AFFIDAVIT by DARYL METCALFE Affiant: Daryl Metcalfe. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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AFFIDAVIT by MARCI MUSTELLO Affiant: Marci Mustello. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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AFFIDAVIT by TIM BONNER Affiant: Timothy R. Bonner. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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AFFIDAVIT by MIKE KELLY Affiant: George M. "Mike" Kelly. (Attachments: # 1 Exhibit) (King, Thomas) (Entered: 07/09/2020)

1 Exhibit

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July 9, 2020

July 9, 2020

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AFFIDAVIT by SKYVIEW DRIVE-IN, LLC Affiant: Charles and Elizabeth Walker. (Attachments: # 1 Exhibit) (King, Thomas) (Entered: 07/09/2020)

1 Exhibit

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July 9, 2020

July 9, 2020

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AFFIDAVIT by STARLIGHT DRIVE-IN, INC. Affiant: John Manson and Beth Chiesa. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (King, Thomas) (Entered: 07/09/2020)

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July 9, 2020

July 9, 2020

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AFFIDAVIT by R.W. MCDONALD & SONS, INC. Affiant: Lee McDonald. (Attachments: # 1 Exhibit) (King, Thomas) (Entered: 07/09/2020)

1 Exhibit

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July 9, 2020

July 9, 2020

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AFFIDAVIT by MIKE GIFFORD, NANCY GIFFORD Affiant: Nancy and Michael Gifford. (Attachments: # 1 Exhibit) (King, Thomas) (Entered: 07/09/2020)

1 Exhibit

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July 9, 2020

July 9, 2020

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AFFIDAVIT by PRIMA CAPELLI, INC. Affiant: Chris Young and Jody Beroncello-Young. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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AFFIDAVIT by CATHY HOSKINS Affiant: Cathy Hoskins. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
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AFFIDAVIT by STEVEN SCHOEFFEL Affiant: Steve Schoeffel. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
35

NOTICE OF SERVICE by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
36

BRIEF in Support of 1 Complaint, filed by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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37

DECLARATION of Sarah Boateng by RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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DECLARATION of Neil Weaver by RACHEL LEVINE, THOMAS W. WOLF. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Romano, Karen) (Entered: 07/09/2020)

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July 9, 2020

July 9, 2020

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DECLARATION of Sam Robinson by RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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BRIEF in Opposition to 1 Complaint, for Declaratory Judgment filed by RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
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STATUS REPORT by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (King, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

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Exhibit List Stipulated Joint by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4a, # 5 Exhibit 4b, # 6 Exhibit 4c, # 7 Exhibit 4d, # 8 Exhibit 4e, # 9 Exhibit 4f, # 10 Exhibit 4g, # 11 Exhibit 4h, # 12 Exhibit 4i, # 13 Exhibit 4j, # 14 Exhibit 5, # 15 Exhibit 6, # 16 Exhibit 7, # 17 Exhibit 8, # 18 Exhibit 9, # 19 Exhibit 10, # 20 Exhibit 11, # 21 Exhibit 12, # 22 Exhibit 13, # 23 Exhibit 14, # 24 Exhibit 15, # 25 Exhibit 16, # 26 Exhibit 17, # 27 Exhibit 18, # 28 Exhibit 19, # 29 Exhibit 20, # 30 Exhibit 21, # 31 Exhibit 31a, # 32 Exhibit 31b, # 33 Exhibit 31c, # 34 Exhibit 31d, # 35 Exhibit 31e, # 36 Exhibit 31f, # 37 Exhibit 31g, # 38 Exhibit 31h, # 39 Exhibit 31i, # 40 Exhibit 31j, # 41 Exhibit 31k, # 42 Exhibit 31l, # 43 Exhibit 31m, # 44 Exhibit 31n, # 45 Exhibit 31o, # 46 Exhibit 31p, # 47 Exhibit 31q, # 48 Exhibit 32, # 49 Exhibit 33, # 50 Exhibit 34, # 51 Exhibit 35, # 52 Exhibit 36, # 53 Exhibit 37, # 54 Exhibit 38, # 55 Exhibit 39, # 56 Exhibit 40, # 57 Exhibit 41, # 58 Exhibit 42, # 59 Exhibit 43, # 60 Exhibit 44, # 61 Exhibit 45, # 62 Exhibit 46, # 63 Exhibit 47, # 64 Exhibit 48, # 65 Exhibit 49, # 66 Exhibit 50, # 67 Exhibit 51, # 68 Exhibit 52, # 69 Exhibit 53, # 70 Exhibit 54, # 71 Exhibit 55, # 72 Exhibit 56, # 73 Exhibit 57, # 74 Exhibit 58, # 75 Exhibit 59, # 76 Exhibit 60, # 77 Exhibit 61, # 78 Exhibit 62, # 79 Exhibit 63, # 80 Exhibit 64, # 81 Exhibit 65, # 82 Exhibit 66, # 83 Exhibit 67, # 84 Exhibit 68, # 85 Exhibit 69, # 86 Exhibit 70, # 87 Exhibit 71, # 88 Exhibit 72, # 89 Exhibit 73, # 90 Exhibit 74, # 91 Exhibit 75, # 92 Exhibit 76, # 93 Exhibit 77, # 94 Exhibit 78, # 95 Exhibit 79, # 96 Exhibit 80, # 97 Exhibit 81, # 98 Exhibit 82, # 99 Exhibit 83, # 100 Exhibit 84, # 101 Exhibit 85, # 102 Exhibit 86, # 103 Exhibit 87, # 104 Exhibit 88, # 105 Exhibit 89, # 106 Exhibit 90, # 107 Exhibit 91, # 108 Exhibit 92, # 109 Exhibit 93, # 110 Exhibit 94, # 111 Exhibit 95) (King, Thomas) (Entered: 07/09/2020)

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31 Exhibit 31a

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37 Exhibit 31g

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39 Exhibit 31i

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40 Exhibit 31j

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83 Exhibit 67

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84 Exhibit 68

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85 Exhibit 69

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86 Exhibit 70

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87 Exhibit 71

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88 Exhibit 72

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89 Exhibit 73

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90 Exhibit 74

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91 Exhibit 75

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92 Exhibit 76

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93 Exhibit 77

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94 Exhibit 78

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95 Exhibit 79

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96 Exhibit 80

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97 Exhibit 81

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98 Exhibit 82

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99 Exhibit 83

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100 Exhibit 84

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101 Exhibit 85

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102 Exhibit 86

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103 Exhibit 87

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104 Exhibit 88

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105 Exhibit 89

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106 Exhibit 90

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107 Exhibit 91

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108 Exhibit 92

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109 Exhibit 93

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110 Exhibit 94

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111 Exhibit 95

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July 9, 2020

July 9, 2020

RECAP
43

ORDER SCHEDULING TELEPHONIC STATUS CONFERENCE. A Telephonic Status Conference is scheduled for 7/14/2020 at 10:30 AM before Judge William S. Stickman. The parties are directed to use the Court's teleconference line provided via email from the Court's Deputy Clerk. Signed by Judge William S. Stickman on 07/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

~Util - Set Hearings AND Order

July 13, 2020

July 13, 2020

PACER
44

Minute Entry for proceedings held before Judge William S. Stickman: Telephonic Status Conference held on 7/14/2020. (eca) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP
45

ORDER regarding location and Zoom connection for Declaratory Judgment Hearing set for 07/17/2020 at 9:30 a.m. Signed by Judge William S. Stickman on 07/16/2020. (rgm) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
46

MOTION to Accept Supplemental Affidavits by Plaintiffs Butler County, Fayette County, Greene County and Washington County by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit A - Butler, # 2 Exhibit B - Fayette, # 3 Exhibit C - Green, # 4 Exhibit D - Washington, # 5 Proposed Order) (King, Thomas) (Entered: 07/16/2020)

1 Exhibit A - Butler

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2 Exhibit B - Fayette

View on PACER

3 Exhibit C - Green

View on PACER

4 Exhibit D - Washington

View on PACER

5 Proposed Order

View on PACER

July 16, 2020

July 16, 2020

PACER
47

Exhibit List Supplemental Joint Stipulation to List of Exhibits by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit 22, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Exhibit 28, # 8 Exhibit 29, # 9 Exhibit 30) (King, Thomas) (Entered: 07/16/2020)

1 Exhibit 22

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2 Exhibit 23

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3 Exhibit 24

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4 Exhibit 25

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5 Exhibit 26

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6 Exhibit 27

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7 Exhibit 28

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8 Exhibit 29

View on PACER

9 Exhibit 30

View on PACER

July 16, 2020

July 16, 2020

PACER
48

Exhibit List Plaintiffs by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (King, Thomas) (Entered: 07/16/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

View on RECAP

6 Exhibit

View on RECAP

7 Exhibit

View on PACER

8 Exhibit

View on PACER

July 16, 2020

July 16, 2020

PACER
49

Minute Entry for proceedings held before Judge William S. Stickman: Declaratory Judgment Hearing held on 7/17/2020. (Court Reporter: Deborah Betzler) (eca) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
50

ORDER OF COURT. 46 Motion to Accept Supplemental Affidavits is GRANTED. Signed by Judge William S. Stickman on 07/17/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
51

SCHEDULING ORDER. The continuation of the Declaratory Judgment Hearing will be held via videoconference 07/22/20 at 9:30 AM. All parties are to participate by Zoom. The link for the videoconference will be sent via email from the Court's Deputy Clerk. Signed by Judge William S. Stickman on 07/17/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 07/20/2020)

July 17, 2020

July 17, 2020

PACER

Order on Motion for Miscellaneous Relief

July 17, 2020

July 17, 2020

PACER

~Util - Set Hearings AND Order

July 20, 2020

July 20, 2020

PACER
52

Minute Entry for proceedings held before Judge William S. Stickman: Videoconference Declaratory Judgment Hearing held on 7/22/2020. (Court Reporter: Deborah Betzler) (eca) (Entered: 07/23/2020)

July 22, 2020

July 22, 2020

PACER
53

MOTION to Place Admissions by Defendants in the Record of the Expedited Hearing in this Matter by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit A) (King, Thomas) (Entered: 07/23/2020)

1 Exhibit A

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July 23, 2020

July 23, 2020

PACER
54

Exhibit List Plaintiffs' Supplemental List of Exhibits by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit 2a, # 2 Exhibit 2b, # 3 Exhibit 2c, # 4 Exhibit 2d) (King, Thomas) (Entered: 07/23/2020)

1 Exhibit 2a

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2 Exhibit 2b

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3 Exhibit 2c

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4 Exhibit 2d

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July 23, 2020

July 23, 2020

PACER
55

ORDER OF COURT. Motion to Place Admissions by Defendants in the Record of the Expedited Hearing in this Matter is GRANTED. Signed by Judge William S. Stickman on 07/23/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER

Order on Motion for Miscellaneous Relief

July 23, 2020

July 23, 2020

PACER
56

BRIEF in Support of 1 Complaint,, Post Hearing Brief filed by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (King, Thomas) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
57

MOTION to Supplement the Record by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1, # 3 Proposed Order) (King, Thomas) (Entered: 08/10/2020)

1 Exhibit 1

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2 Exhibit 1

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3 Proposed Order

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Aug. 10, 2020

Aug. 10, 2020

PACER
58

ORDER GRANTING 57 Motion to Supplement the Record. Signed by Judge William S. Stickman on 08/11/20. (eca) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
59

MOTION Pursuant to Federal Rule of Evidence 201 "Judicial Notice of Adjudicative Facts" by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order) (King, Thomas) (Entered: 08/12/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Proposed Order

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Aug. 12, 2020

Aug. 12, 2020

PACER
60

MOTION Second Motion pursuant to Federal Rule of Evidence 201 "Judicial Notice of Adjudicative Facts" by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Proposed Order) (King, Thomas) (Entered: 08/14/2020)

1 Proposed Order

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Aug. 14, 2020

Aug. 14, 2020

PACER
61

ORDER GRANTING 59 Motion Requesting Judicial Notice of Adjudicative Facts. Signed by Judge William S. Stickman on 08/17/20. (eca) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
62

SCHEDULING ORDER. Response or Notice of No Opposition to 60 Motion Requesting Judicial Notice due by 8/21/2020. Response not to exceed ten pages. Signed by Judge William S. Stickman on 08/17/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER

Order Response/Briefing Schedule

Aug. 17, 2020

Aug. 17, 2020

PACER
63

ORDER. Telephonic Status Conference set for 8/19/2020 at 01:45 PM before Judge William S. Stickman. Information regarding connecting to the Court's conference line has been emailed to the parties by the Court's Chief Law Clerk. Signed by Judge William S. Stickman on 08/19/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rgm) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
64

Supplemental MOTION re 60 MOTION Second Motion pursuant to Federal Rule of Evidence 201 "Judicial Notice of Adjudicative Facts" filed by R.W. MCDONALD & SONS, INC., TIM BONNER, MIKE KELLY, COUNTY OF FAYETTE, STARLIGHT DRIVE-IN, INC., COUNTY OF WASHINGTON, COUNTY OF GREENE, MIKE GIFFORD, COUNTY OF BUTLER, PAUL F. CRAWFORD, PRIMA CAPELLI, INC., SKYVIEW DRIVE-IN, LLC, MARCI MUSTELLO, DARYL METCALFE, NANCY GIFFORD, CATHY HOSKINS, STEVEN SCHOEFFEL by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (King, Thomas) (Entered: 08/19/2020)

1 Exhibit 1

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2 Proposed Order

View on RECAP

Aug. 19, 2020

Aug. 19, 2020

PACER
65

Minute Entry for proceedings held before Judge William S. Stickman: Telephonic Status Conference held on 8/19/2020. (Court Reporter: Deborah Betzler) (rgm) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
66

BRIEF in Opposition to 1 Complaint, Post Hearing Brief filed by RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

RECAP

~Util - Set Deadlines/Hearings AND Order

Aug. 19, 2020

Aug. 19, 2020

PACER
67

ORDER GRANTING 60 and 64 Motions for Judicial Notice. Having carefully reviewed the second motion for judicial notice, and having considered the defendants objections to the same, the Court hereby GRANTS the motion and will accept the document attached thereto as filed. Signed by Judge William S. Stickman on 08/20/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) Modified on 8/20/2020 (eca). (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER

Order on Motion for Miscellaneous Relief

Aug. 20, 2020

Aug. 20, 2020

PACER
68

Third MOTION Pursuant to Federal Rule of Evidence 201 Judicial Notice of Adjudicative Facts by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Proposed Order) (King, Thomas) (Entered: 08/24/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

View on PACER

14 Proposed Order

View on PACER

Aug. 24, 2020

Aug. 24, 2020

PACER
69

REPLY BRIEF in Support of 1 Complaint filed by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (King, Thomas) Modified on 8/25/2020 (ma). (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
70

RESPONSE to Motion re 68 Third MOTION Pursuant to Federal Rule of Evidence 201 Judicial Notice of Adjudicative Facts filed by RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
71

Fourth MOTION pursuant to Federal Rule of Evidence 201 "Judicial Notice of Adjudicative Facts" by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Proposed Order) (King, Thomas) (Entered: 08/28/2020)

1 Proposed Order

View on PACER

Aug. 28, 2020

Aug. 28, 2020

PACER
72

RESPONSE to Motion re 71 Fourth MOTION pursuant to Federal Rule of Evidence 201 "Judicial Notice of Adjudicative Facts" filed by RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
73

Fifth MOTION Pursuant to Federal Rule of Evidence 201 Judicial Notice of Adjudicative Facts by TIM BONNER, COUNTY OF BUTLER, COUNTY OF FAYETTE, COUNTY OF GREENE, COUNTY OF WASHINGTON, PAUL F. CRAWFORD, MIKE GIFFORD, NANCY GIFFORD, CATHY HOSKINS, MIKE KELLY, DARYL METCALFE, MARCI MUSTELLO, PRIMA CAPELLI, INC., R.W. MCDONALD & SONS, INC., STEVEN SCHOEFFEL, SKYVIEW DRIVE-IN, LLC, STARLIGHT DRIVE-IN, INC.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (King, Thomas) (Entered: 09/03/2020)

1 Exhibit 1

View on PACER

2 Proposed Order

View on PACER

Sept. 3, 2020

Sept. 3, 2020

PACER
74

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Hearing held on 07/17/2020 before Judge William S. Stickman IV. Court Reporter Deborah Ann Betzler, Telephone number 412-330-1365. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 9/15/2020. Redaction Request due 9/29/2020. Redacted Transcript Deadline set for 10/9/2020. Release of Transcript Restriction set for 12/7/2020. (dab) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
75

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Hearing held on 07/22/2020 before Judge William S. Stickman IV. Court Reporter Deborah Ann Betzler, Telephone number 412-330-1365. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 9/15/2020. Redaction Request due 9/29/2020. Redacted Transcript Deadline set for 10/9/2020. Release of Transcript Restriction set for 12/7/2020. (dab) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER

Add and Terminate Parties

Sept. 14, 2020

Sept. 14, 2020

PACER
76

ORDER denying 68 Third Motion for Judicial Notice. Signed by Judge William S. Stickman on 9/14/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Stickman, William) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
77

ORDER denying 71 Fourth Motion Judicial Notice. Signed by Judge William S. Stickman on 9/14/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Stickman, William) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
78

ORDER granting 73 Fifth Motion for Judicial Notice. Signed by Judge William S. Stickman on 9/14/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Stickman, William) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
79

OPINION. Signed by Judge William S. Stickman on 09/14/20. (rgm) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

RECAP
80

DECLARATORY JUDGMENT ORDER. Judgment is entered in favor of Plaintiffs Mike Kelly, Daryl Metcalfe, Marci Mustello, Tim Bonner, Nancy Gifford and Mike Gifford, d/b/a Double Image, Prima Capelli, Inc., Steven Schoeffel, Paul F. Crawford, t/d/b/a Marigold Farm, Cathy Hoskins, t/d/b/a Classy Cuts Hair Salon, R.W. McDonald & Sons, Inc., Starlight Drive-In, Inc., and, Skyview Drive-In, LLC for the reasons outlined in the Opinion filed by the Court this same day. IT IS FURTHER ORDERED that the County Plaintiffs (Butler, Fayette, Greene, and Washington) are hereby DISMISSED from the case. Signed by Judge William S. Stickman on 09/14/2020. (rgm) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

RECAP

COUNTY OF GREENE, COUNTY OF WASHINGTON, COUNTY OF BUTLER and COUNTY OF FAYETTE terminated. Signed by Judge William S. Stickman on 09/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rgm)

Sept. 14, 2020

Sept. 14, 2020

PACER
81

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Status Conference held on 08/19/2020 before Judge William S. Stickman IV. Court Reporter Deborah Ann Betzler, Telephone number 412-330-1365. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 9/21/2020. Redaction Request due 10/5/2020. Redacted Transcript Deadline set for 10/15/2020. Release of Transcript Restriction set for 12/14/2020. (dab) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

RECAP

Order on Motion for Miscellaneous Relief

Sept. 14, 2020

Sept. 14, 2020

PACER

~Util - Add and Terminate Parties

Sept. 14, 2020

Sept. 14, 2020

PACER
82

MOTION for Entry of Judgment under Rule 54(b), or in the Alternative, Motion to Certify Issues for Appeal by RACHEL LEVINE, THOMAS W. WOLF. (Attachments: # 1 Proposed Order #1, # 2 Proposed Order #2, # 3 Proposed Order #3) (Romano, Karen) (Entered: 09/16/2020)

1 Proposed Order #1

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2 Proposed Order #2

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3 Proposed Order #3

View on RECAP

Sept. 16, 2020

Sept. 16, 2020

RECAP
83

BRIEF in Support re 82 Motion for Entry of Judgment under Rule 54(b), or in the Alternative, Motion to Certify Issues for Appeal filed by RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

RECAP
84

MOTION to Stay re 80 Order, by RACHEL LEVINE, THOMAS W. WOLF. (Attachments: # 1 Proposed Order) (Romano, Karen) (Entered: 09/16/2020)

1 Proposed Order

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Sept. 16, 2020

Sept. 16, 2020

RECAP
85

BRIEF in Support re 84 Motion to Stay September 14, 2020, Order filed by RACHEL LEVINE, THOMAS W. WOLF. (Romano, Karen) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 11, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are Butler, Fayette, Greene, and Washington counties in the State of Pennsylvania, several Pennsylvania residents, and several business organizations doing business in Pennsylvania

Plaintiff Type(s):

City/County Plaintiff

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Thomas W. Wolf (Harrisburg, Dauphin), State

Rachel Levine (Harrisburg, Dauphin), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Establishment Clause

Freedom of speech/association

Takings

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation