Case: Libertarian Party of Pennsylvania v. Wolf

U.S. Court of Appeals for the Third Circuit

Libertarian Party of Pennsylvania v. Governor of Pennsylvania

U.S. Court of Appeals for the Third Circuit

Healthy Elections Project

Case closed (kv)

COMPLAINT against KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF ( Filing fee $ 400 receipt number 0313-14293871.), filed by ALAN SMITH, GREEN PARTY OF PENNSYLVANIA, TIMOTHY RUNKLE, JUSTIN MAGILL, THE CONSTITUTION PARTY OF PENNSYLVANIA, BOB GOODRICH, LIBERTARIAN PARTY OF PENNSYLVANIA, STEVE SCHEETZ, KEVIN GAUGHEN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibits referenced in Complaint, # 3 Designation Form, # 4 Case Management Track Form, # 5 Disclosure Statement Libertarian Party of PA, # 6 Disclosure Statement The Constitution Party of PA, # 7 Disclosure Statement Green Party of PA)(MILLER, DREW) *ATTORNEY TO RE-FILE DISCLOSURE STATEMENTS USING CORRECT EVENT* Modified on 5/15/2020 (lisad, ). (Entered: 05/14/2020)

Disclosure Statement Form pursuant to FRCP 7.1 by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (Attachments: # 1 Disclosure Statement - Green Party of PA, # 2 Disclosure Statement - Constitution Party of PA)(MILLER, DREW) (Entered: 05/15/2020)

Summons Issued as to KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. E-MAILED To: COUNSEL on 5/15/2020 (bw, )

First MOTION for Preliminary Injunction, First MOTION for Temporary Restraining Order filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA.Memorandum, Certificate of Service.(MILLER, DREW) (Entered: 05/19/2020)

ORDER OF 5/20/20 THAT THE COURT WILL HOLD AN ON-THE-RECORD TELEPHONE CONFERENCE TO DISCUSS THIS MATTER INCLUDING THE SCHEDULE MOVING FORWARD ON MAY 27, 2020 AT 3:00PM. ETC. THE PLAINTIFFS SHALL ENSURE THAT THE DEFENDANTS AND DEFENSE COUNSEL RECEIVE A COPY OF THIS ORDER, AND THEY SHALL MAKE EVERY EFFORT TO ENSURE THAT DEFENSE COUNSEL IS PRESENT ON THE CALL. SIGNED BY JUDGE: EDWARD G. SMITH ON 5/20/20. 5/20/20 ENTERED AND COPIES E-MAILED. (DT) (COPY TO BE FORWARDED TO DEFENSE BY PLAINTIFF'S COUNSEL PER THIS ORDER) Modified on 5/21/2020 (lisad, ). (Entered: 05/20/2020)

First MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number 0313-14307002.) filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA..(MILLER, DREW) (Entered: 05/21/2020)

First MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number 0313-14307023.) filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA..(MILLER, DREW) (Entered: 05/21/2020)

ORDER OF 5/22/20 THAT THE APPLICATION OF OLIVER B. HALL, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY JUDGE: EDWARD G. SMITH ON 5/22/20.5/22/20 ENTERED AND COPIES E-MAILED. (COPY NOT MAILED TO UNREP PARTIES)(DT) (Entered: 05/22/2020)

ORDER OF 5/22/20 THAT THE APPLICATION OF MARK R. BROWN, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY JUDGE: EDWARD G. SMITH ON 5/22/20. 5/22/20 ENTERED AND COPIES E-MAILED. (DT) (COPIES NOT MAILED TO UNREP PARTIES) (Entered: 05/22/2020)

NOTICE of Appearance by DONNA A. WALSH on behalf of KATHY BOOCKVAR, KATHY BOOCKVAR, JONATHAN M. MARKS, JONATHAN M. MARKS, TOM WOLF, TOM WOLF with Certificate of Service(WALSH, DONNA) (Entered: 05/26/2020)

NOTICE of Appearance by DANIEL T. BRIER on behalf of KATHY BOOCKVAR, KATHY BOOCKVAR, JONATHAN M. MARKS, JONATHAN M. MARKS, TOM WOLF, TOM WOLF with Certificate of Service(BRIER, DANIEL) (Entered: 05/26/2020)

NOTICE of Appearance by RICHARD L. ARMEZZANI on behalf of KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF with Certificate of Service(ARMEZZANI, RICHARD) (Entered: 05/27/2020)

First MOTION to Intervene filed by PENNSYLVANIA DEMOCRATIC PARTY.Motion, Brief and Order. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(LEVINE, CLIFFORD) (Entered: 05/27/2020)

RESPONSE in Opposition re 12 First MOTION to Intervene filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (MILLER, DREW) (Entered: 05/27/2020)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Telephone Conference held on 5/27/20. Court Reporter: Lynn Gligor. (dt, ) Modified on 5/28/2020 (lisad, ). (Entered: 05/27/2020)

ORDER OF 5/28/20 THAT THE COURT WILL HOLD AN ON-THE-RECORD TELEPHONE CONFERENCE TO DISCUSS THIS MATTER, INCLUDING THE SCHEDULE MOVING FORWARD ON JUNE 3, 2020 AT 1:30PM. ETC. THE DEFENDANTS SHALL HAVE UNTIL FRIDAY, JUNE 12, 2020 TO RESPOND TO THE PLAINTIFF'S EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. SIGNED BY JUDGE: EDWARD G. SMITH ON 5/28/20. 5/28/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 05/28/2020)

TRANSCRIPT of TELEPHONE CONFERENCE held on 5/27/2020, before Judge SMITH. Court Reporter/Transcriber LYNN GLIGOR, RMR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/22/2020. Redacted Transcript Deadline set for 7/2/2020. Release of Transcript Restriction set for 8/31/2020. (sg, ) (Entered: 06/01/2020)

Notice of Filing of Official Transcript with Certificate of Service re 16 Transcript - PDF, 6/1/2020 Entered and Copies Emailed. (sg, ) (Entered: 06/01/2020)

Supplemental Brief in Support re 12 First MOTION to Intervene Supplemental filed by PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: # 1 Certificate of Service)(LEVINE, CLIFFORD) Modified on 6/4/2020 (lisad, ). (Entered: 06/03/2020)

RESPONSE to Motion re 12 First MOTION to Intervene filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (BRIER, DANIEL) (Entered: 06/03/2020)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Telephone Conference held on 6/3/20. The Court and counsel discuss the status of the case and scheduling. Court Reporter: Suzanne White. (dt) (Entered: 06/03/2020)

ORDER OF 6/4/20 THAT THE PROPOSED INTERVENOR SHALL HAVE UNTIL FRIDAY, JUNE 5, 2020 TO FILE A RESPONSIVE PLEADING; THE DEFENDANTS SHALL HAVE UNTIL FRIDAY, JUNE 5, 2020 TO RESPOND TO THE COMPLAINT. THE DEFENDANTS SHALL HAVE UNTIL FRIDAY, JUNE 12, 2020 TO RESPOND TO THE PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. THE PLAINTIFFS SHALL HAVE UNTIL FRIDAY, JUNE 12, 2020 TO RESPOND TO THE PROPOSED INTERVENOR'S RESPONSIVE PLEADING; THE PLAINTIFFS SHALL HAVE UNTIL FRIDAY JUNE 12, 2020 TO RESPOND TO THE DEFENDANTS' RESPONSE TO THE COMPLAINT; THE PLAINTIFFS SHALL HAVE UNTIL FRIDAY, JUNE 12, 2020 TO CIRCULATE THEIR PROPOSED VERSION OF A STIPULATED FACTUAL RECORD TO THE DEFENDANTS AND THE PROPOSED INTERVENOR; THE PLAINTIFFS SHALL HAVE UNTIL FRIDAY, JUNE 19, 2020 TO RESPOND TO THE DEFENDANTS' OPPOSITION TO THE EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION; THE COURT WILL HOLD A HEARING ON THE EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, AS WELL AS ANY OTHER PENDING MOTIONS ON WEDNESDAY, JUNE 24, 2020 AT 10:00AM; VIA VIDEO CONFERENCE. INSTRUCTIONS FOR THE VIDEO CONFERENCE WILL BE PROVIDED TO THE PARTIES BY EMAIL AT A LATER DATE. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/4/20. 6/4/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 06/04/2020)

Proposed Answer to Complaint re 12 First MOTION to Intervene Providing Proposed Pleading in Response to Complaint filed by PENNSYLVANIA DEMOCRATIC PARTY. (LEVINE, CLIFFORD) Modified on 6/8/2020 (lisad, ). (Entered: 06/05/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support)(BRIER, DANIEL) (Entered: 06/05/2020)

Response in Opposition by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (MILLER, DREW) (Entered: 06/08/2020)

RESPONSE in Opposition re 3 First MOTION for Preliminary Injunction First MOTION for Temporary Restraining Order filed by PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: # 1 Certificate of Service)(LEVINE, CLIFFORD) (Entered: 06/12/2020)

RESPONSE in Opposition re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (Attachments: # 1 Exhibit Declaration)(MILLER, DREW) (Entered: 06/12/2020)

ORDER THAT THE HEARING ON THE EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, AS WELL AS ON ANY OTHER PENDING MOTIONS, CURRENTLY SCHEDULED FOR WEDNESDAY, JUNE 24, 2020, AT 10:00 A.M. IS RESCHEDULED TO TUESDAY, JUNE 23, 2020 AT 1:30 P.M. VIA A VIDEO CONFERENCE. INSTRUCTIONS FOR THE VIDEO CONFERENCE WILL BE PROVIDED TO THE PARTIES BY EMAIL AT A LATER DATE. SIGNED BY HONORABLE EDWARD G. SMITH ON 6/12/20. 6/12/20 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 06/12/2020)

Memorandum of Law in Opposition to re 3 First MOTION for Preliminary Injunction First MOTION for Temporary Restraining Order filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (BRIER, DANIEL) (Entered: 06/12/2020)

TRANSCRIPT of TELEPHONE CONFERENCE held on 6/3/2020, before Judge EDWARD G SMITH. Court Reporter/Transcriber SUZANNE R. WHITE. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/6/2020. Redacted Transcript Deadline set for 7/16/2020. Release of Transcript Restriction set for 9/14/2020. (sg, ) (Entered: 06/15/2020)

Notice of Filing of Official Transcript with Certificate of Service re 29 Transcript - PDF, 6/15/2020 Entered and Copies Emailed. (sg, ) (Main Document 30 replaced on 6/17/2020) (sg, ). (Entered: 06/15/2020)

REPLY to Response to Motion re 3 First MOTION for Preliminary Injunction First MOTION for Temporary Restraining Order filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (HALL, OLIVER) (Entered: 06/19/2020)

RESPONSE in Support re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (BRIER, DANIEL) (Entered: 06/19/2020)

NOTICE by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (Attachments: # 1 Exhibit Order - Illinois, # 2 Exhibit Order - Maryland)(MILLER, DREW) (Entered: 06/22/2020)

ORDER OF 6/22/20 THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE TO DISCUSS LOGISTICS, TODAY, JUNE 22, 2020 AT 3:30PM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/22/20. 6/22/20 ENTERED AND COPIES E-MAILED.(DT) (Main Document 34 replaced on 6/22/2020) (dt, ). (Entered: 06/22/2020)

STIPULATION Joint Stipulated Findings of Fact and Conclusions of Law by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (Attachments: # 1 Exhibit A)(BRIER, DANIEL) (Entered: 06/23/2020)

Minute Entry for Hearing held on 6/23/20 before HONORABLE EDWARD G. SMITH. Court Reporter: Suzanne White. (DT) Modified on 6/24/2020 (lisad, ). (Entered: 06/24/2020)

ORDER OF 6/25/20 THAT AFTER A HEARING ON THE MOTION FOR TEMPORARY RESTRAINING ORDER/PRELIMINARY INJUNCTION ON JUNE 23, 2020, IT IS HEREBY ORDERED AS FOLLOWS: ALL PARTIES SHALL SUBMIT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW BY THURSDAY, JULY 2, 2020; AND THE COURT WILL HOLD A TELEPHONE CONFERENCE TO DISCUSS THE STATUS OF THE CASE ON JULY 7, 2020 AT 11:00AM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/25/20. 6/25/20 ENTERED AND COPIES E-MAILED. (DT (Entered: 06/25/2020)

MOTION for Order for Oral Argument filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF.. (Attachments: # 1 Text of Proposed Order)(BRIER, DANIEL) (Entered: 06/26/2020)

NOTICE by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (MILLER, DREW) (Entered: 06/29/2020)

ORDER OF 6/29/20 THAT AFTER RECEIVING DEFENDANTS' UNOPPOSED MOTION FOR ORAL ARGUMENT ON THE PENDING MOTIONS (DOC. NO. 38), IT IS HEREBY ORDERED THAT THE MOTION (DOC. NO. 38) IS GRANTED. THE COURT WHILL HOLD ORAL ARGUMENT VIA TELEPHONE ON THE PENDING MOTIONS IN THIS CASE ON JULY 8, 2020 AT 1:30PM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/29/20. 6/29/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 06/29/2020)

Set/Reset Deadlines as to 12 First MOTION to Intervene, 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 3 First MOTION for Preliminary Injunction First MOTION for Temporary Restraining Order . MOTION HEARING SET FOR 7/8/2020 01:30 PM BEFORE HONORABLE EDWARD G. SMITH. (dt, ) Modified on 6/30/2020 (lisad, ).

NOTICE by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (MILLER, DREW) (Entered: 06/30/2020)

ORDER OF 7/1/20 THAT AS THE COURT HAS SCHEDULED ORAL ARGUMENT ON THE PENDING MOTIONS FOR WEDNESDAY, JULY 8, 2020, IT IS HEREBY ORDERED THAT THE TELEPHONE CONFERENCE CURRENTLY SCHEDULED FOR TUESDAY, JULY 7, 2020 AT 11:00AM IS CANCELLED. SIGNED BY JUDGE: EDWARD G. SMITH ON 7/1/20. 7/1/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 07/01/2020)

Proposed Findings of Fact and Conclusions of Law by PENNSYLVANIA DEMOCRATIC PARTY. (Attachments: # 1 Certificate of Service)(LEVINE, CLIFFORD) (Entered: 07/02/2020)

Proposed Findings of Fact and Conclusions of Law by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. July 2, 2020 (Attachments: # 1 Exhibit A - Declaration of Marc Bozzacco)(HALL, OLIVER) (Entered: 07/02/2020)

Proposed Findings of Fact and Conclusions of Law by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (WALSH, DONNA) (Entered: 07/02/2020)

NOTICE of Supplemental Authority by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (Attachments: # 1 Exhibit SawariMedia, LLC v. Whitmer)(MILLER, DREW) Modified on 7/7/2020 (tjd). (Entered: 07/04/2020)

NOTICE by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF of Supplemental Authorities (Attachments: # 1 Exhibit A - Thompson Opinion, # 2 Exhibit B - Whitfield Opinion, # 3 Exhibit C - Common Sense Party Opinion, # 4 Exhibit D - Libertarian Party of CT Opinion)(BRIER, DANIEL) (Entered: 07/07/2020)

Proposed Findings of Fact and Conclusions of Law by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. Certificate of Service (Attachments: # 1 Exhibit A - Declaration)(BRIER, DANIEL) (Entered: 07/08/2020)

ORDER THAT THE MOTION TO INTERVENE (DOC. NO. 12 ) IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/8/20.7/8/20 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 07/08/2020)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Motion Hearing held on 7/8/20. This oral argument was held remotely and was recorded. All parties participated using dial-in instructions. Also present on the call was Alex M. Lacey, Esquire, for the Pennsylvania Democratic Party. Re: Plaintiffs Emergency Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 3 ). Re: Motion to Intervene (Doc. 12 ). Re: Defendants Motion to Dismiss (Doc. 23 ). The Court questions counsel. Atty. Hall argues on behalf of the plaintiffs. Atty. Walsh responds on behalf of the defendants. Atty. Levine responds on behalf of the Intervenor. The Court takes the matters under advisement. Court Reporter: ESR. (mas, ) (Entered: 07/08/2020)

NOTICE by PENNSYLVANIA DEMOCRATIC PARTY of Supplemental Authority (Attachments: # 1 Exhibit, # 2 Certificate of Service)(LEVINE, CLIFFORD) (Entered: 07/09/2020)

NOTICE by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (Attachments: # 1 Exhibit Cooper v. Raffensperger)(MILLER, DREW) (Entered: 07/09/2020)

Statement in Response to Intervenor's Notice of Supplemental Authority by KEVIN GAUGHEN, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (HALL, OLIVER) (Entered: 07/09/2020)

NOTICE by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA (Attachments: # 1 Exhibit People Not Politicians)(MILLER, DREW) (Entered: 07/13/2020)

TRANSCRIPT of HEARING held on 6/23/2020, before Judge HONORABLE EDWARD G. SMITH. Court Reporter/Transcriber SUZANNE R. WHITE, RPR, FCRR, CM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/4/2020. Redacted Transcript Deadline set for 8/14/2020. Release of Transcript Restriction set for 10/13/2020. (sg, ) (Entered: 07/14/2020)

Notice of Filing of Official Transcript with Certificate of Service re 55 Transcript - PDF,, 7/14/2020 Entered and Copies Emailed. (sg, ) (Entered: 07/14/2020)

MEMORANDUM AND/OR OPINION OF 7/14/20. SIGNED BY JUDGE: EDWARD G. SMITH ON 7/14/20. 7/14/20 ENTERED AND COPIES E-MAILED.(DT) (dt, ). (Entered: 07/14/2020)

ORDER OF 7/14/20 THAT THE PLAINTIFFS' FIRST MOTION FOR PRELIMINARY INJUNCTION/FIRST MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. NO. 3) IS DENIED. SIGNED BY JUDGE: EDWARD G. SMITH ON 7/14/20. 7/14/20 ENTERED AND COPIES E-MAILED.(DT) (Entered: 07/14/2020)

TRANSCRIPT of ORAL ARGUMENT held on 7/8/2020, before Judge EDWARD G. SMITH. Court Reporter/Transcriber NEAL R. GROSS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/5/2020. Redacted Transcript Deadline set for 8/17/2020. Release of Transcript Restriction set for 10/13/2020. (sg, ) (Entered: 07/15/2020)

Notice of Filing of Official Transcript with Certificate of Service re 59 Transcript - PDF, 7/15/2020 Entered and Copies Emailed. (sg, ) (Entered: 07/15/2020)

MOTION to Stay filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA.Memorandum. (Attachments: # 1 Exhibit Constitution Party of VA v. VA Board of Elections)(MILLER, DREW) (Entered: 07/16/2020)

NOTICE OF APPEAL as to 57 Memorandum and/or Opinion, 58 Order (Memorandum and/or Opinion) by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. Filing fee $ 505. (MILLER, DREW)*SEE DOC. 63 FOR RE-FILED APPEAL* Modified on 7/17/2020 (lisad, ). (Entered: 07/16/2020)

NOTICE OF APPEAL as to 57 Memorandum and/or Opinion, 58 Order (Memorandum and/or Opinion) by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. Filing fee $ 505, receipt number 0313-14427835. Copies to Judge, Clerk USCA, Appeals Clerk. Certificate of Service. (HALL, OLIVER) Modified on 7/17/2020 (lisad, ). (Entered: 07/16/2020)

NOTICE of Docketing Record on Appeal from USCA re 63 Notice of Appeal (Credit Card Payment), filed by STEVE SCHEETZ, JUSTIN MAGILL, KEVIN GAUGHEN, GREEN PARTY OF PENNSYLVANIA, ALAN SMITH, LIBERTARIAN PARTY OF PENNSYLVANIA, THE CONSTITUTION PARTY OF PENNSYLVANIA, TIMOTHY RUNKLE, BOB GOODRICH. USCA Case Number 20-2481 (dmc, ) (Entered: 07/17/2020)

RESPONSE in Opposition re 61 MOTION to Stay filed by KATHY BOOCKVAR, JONATHAN M. MARKS, TOM WOLF. (Attachments: # 1 Exhibit A - Third Circuit Order)(BRIER, DANIEL) (Entered: 07/22/2020)

REPLY to Response to Motion re 61 MOTION to Stay filed by KEVIN GAUGHEN, BOB GOODRICH, GREEN PARTY OF PENNSYLVANIA, LIBERTARIAN PARTY OF PENNSYLVANIA, JUSTIN MAGILL, TIMOTHY RUNKLE, STEVE SCHEETZ, ALAN SMITH, THE CONSTITUTION PARTY OF PENNSYLVANIA. (HALL, OLIVER) (Entered: 07/22/2020)

ORDER of USCA as to 63 Notice of Appeal (Credit Card Payment), filed by STEVE SCHEETZ, JUSTIN MAGILL, KEVIN GAUGHEN, GREEN PARTY OF PENNSYLVANIA, ALAN SMITH, LIBERTARIAN PARTY OF PENNSYLVANIA, THE CONSTITUTION PARTY OF PENNSYLVANIA, TIMOTHY RUNKLE, BOB GOODRICH, ORDERED and ADJUDGED that the order of the District Court entered July 14, 2020 is hereby affirmed and the motion for an injunction pending appeal is denied as moot. Costs shall be taxed against the Appellants. (sg, ) (Entered: 07/28/2020)

ORDER OF 7/29/20 THAT THE PLAITNIFFS' MOTION TO STAY (DOC. NO. 61) IS DENIED AS MOOT. SIGNED BY JUDGE: EDWARD G. SMITH ON 7/29/20. 7/29/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 07/29/2020)

ORDER OF 7/31/20 THAT THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE ON AUGUST 4, 2020 AT 1:30PM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 7/31/20. 7/31/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 07/31/2020)

ORDER OF 8/4/20 THAT AFTER A TELEPHONE CONFERENCE WITH COUNSEL, IT IS HEREBY ORDERED THAT THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE IN THIS CASE ON MONDAY, AUGUST 10, 2020 AT 2:45PM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 8/4/20. 8/4/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 08/04/2020)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Telephone Conference held on 8/10/20. (mas, ) (Entered: 08/10/2020)

ORDER THAT THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE IN THIS CASE ON MONDAY, AUGUST 17, 2020, AT 2:30 P.M. COUNSEL FOR THE PARTIES SHALL CALL 1-571-353-2300 AND USE PIN 363973916# TO ENTER THE CONFERENCE CALL. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/10/20. 8/11/20 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 08/11/2020)

NOTICE of Voluntary Dismissal by All Plaintiffs (HALL, OLIVER) (Entered: 08/14/2020)

ORDER OF 8/14/20 THAT AFTER RECEIVING PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL (DOC. NO. 73), IT IS HEREBY ORDERED AS FOLLOWS: THE TELEPHONE CONFERENCE CURRENTLY SCHEDULED FOR MONDAY, AUGUST 17, 2020, AT 2:30PM IS CANCELLED. THE MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOC. NO. 23) IS DENIED AS MOOT; AND THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY JUDGE: EDWARD G. SMITH ON 8/14/20. 8/14/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 08/14/2020)