Case: Kerrigan v. Philadelphia Board of Elections

2:07-cv-00687 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Feb. 21, 2007

Closed Date: Oct. 2, 2015

Clearinghouse coding complete

Case Summary

On February 21, 2007, Disability Rights Pennsylvania (the Pennsylvania protection and advocacy agency) and private co-counsel filed a class action lawsuit on behalf of registered voters with mobility disabilities to challenge inaccessibility of polling locations throughout the City of Philadelphia. The case was filed in the U.S. District Court for the Eastern District of Pennsylvania and assigned to Judge John R. Pavoda. Defendants included officials and entities responsible for elections in th…

On February 21, 2007, Disability Rights Pennsylvania (the Pennsylvania protection and advocacy agency) and private co-counsel filed a class action lawsuit on behalf of registered voters with mobility disabilities to challenge inaccessibility of polling locations throughout the City of Philadelphia. The case was filed in the U.S. District Court for the Eastern District of Pennsylvania and assigned to Judge John R. Pavoda. Defendants included officials and entities responsible for elections in the City of Philadelphia and the Secretary of State. The suit alleged claims under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Voting Accessibility for the Elderly and Handicapped Act. Plaintiffs were particularly focused on accessibility for the 2008 election.

In response to the suit, the Philadelphia Board of Elections filed a motion to dismiss on April 12, 2007, which plaintiffs formally opposed on April 25, 2007. Shortly thereafter, plaintiffs filed a motion for class certification on April 30, 2007, seeking certification of a class of all eligible Philadelphia County voters with mobility disabilities. Plaintiffs' sought class was eventually certified on March 14, 2008. 

On June 4, 2007, the case was referred to Magistrate Judge Timothy R. Rice for a settlement conference. Settlement discussions continued unsuccessfully over the next six months, prompting plaintiffs to file a motion for a preliminary injunction on January 11, 2008. Plaintiffs sought an injunction requiring: (1) the Philadelphia Board of Elections to make sure all polling places meet the accessibility requirements set forth in the U.S. Department of Justice ADA Checklist for Polling Places (including provision of ramps); (2) a court-appointed expert to inspect all polling places ahead of the 2008 primary election and make accessibility recommendations; (3) implementation of the recommendations of the court-appointed expert; and (4) further expert reviews after the 2008 election, if necessary. 

The court denied the Board of Elections' motion to dismiss on January 29, 2008 and preparations for trial continued. The Board of Elections then filed a motion for summary judgment on April 18, 2008. On August 14, 2008, the court granted the Board of Elections' motion to dismiss in part. The court found that the Board of Elections was an improper defendants and gave plaintiffs 10 days to file an amended complaint naming the Secretary of the Commonwealth of Pennsylvania and the City of Philadelphia as defendants. Plaintiffs promptly filed an amended complaint with the proper defendants on August 19, 2008. Settlement discussions resumed. 

Plaintiffs filed a motion for preliminary approval of a settlement agreement on April 20, 2009; the motion was granted three days later. Final approval of the settlement agreement was granted on July 14, 2009. Per the terms of the agreement, the City agreed to work with the Department of Justice and an independent third party to survey all polling locations to assess accessibility, to consult with Disability Rights Pennsylvania when deciding whether to implement recommendations made by the surveyors, to ensure all polling places selected through the November 2012 election will be accessible, and more. Plaintiffs moved for and were awarded attorneys’ fees and costs in the amount of $360,000 on July 20, 2009.

Subsequent litigation due to defendants’ noncompliance ensued, including a motion for contempt, which was ultimately resolved and dismissed as moot. On December 17, 2010, plaintiffs filed a motion for contempt, alleging that the City violated the settlement agreement by failing to make many polling places accessible during the 2010 midterm elections. The motion was eventually dismissed as moot on September 20, 2009, and an addendum to the settlement agreement was added on September 29, 2011. Between 2009 and 2015, the settlement was amended several times as the parties resolved outstanding issues in compliance with the agreement. The case was officially marked closed on October 2, 2015.

Summary Authors

NDRN (8/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4759232/parties/kerrigan-v-the-philadelphia-board-of-election/


Judge(s)
Attorney for Plaintiff

GOLD, STEPHEN F. (Pennsylvania)

KREIMER, SETH (Pennsylvania)

Attorney for Defendant

AVERSA, ROBERT D. (Pennsylvania)

FLETMAN, ABBE F. (Pennsylvania)

GREENBERG, KEVIN (Pennsylvania)

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Documents in the Clearinghouse

Document
1

2:07-cv-00687

Complaint

Kerrigan v. the Philadelphia Board of Election

Feb. 21, 2007

Feb. 21, 2007

Complaint
8

2:07-cv-00687

Motion for Class Certification

Kerrigan v. the Philadelphia Board of Election

April 30, 2007

April 30, 2007

Pleading / Motion / Brief
32

2:07-cv-00687

Motion for Permanent Injunction

Kerrigan v. the Philadelphia Board of Election

Jan. 11, 2008

Jan. 11, 2008

Pleading / Motion / Brief
39

2:07-cv-00687

Memorandum

Kerrigan v. the Philadelphia Board of Election

Jan. 29, 2008

Jan. 29, 2008

Order/Opinion

2008 WL 250522

57

2:07-cv-00687

Memorandum and Order

Kerrigan v. the Philadelphia Board of Election

March 14, 2008

March 14, 2008

Order/Opinion

248 F.R.D. 470

90

2:07-cv-00687

Memorandum

Kerrigan v. the Philadelphia Board of Election

Aug. 14, 2008

Aug. 14, 2008

Order/Opinion

2008 WL 3562521

91

2:07-cv-00687

Amended Complaint

Kerrigan v. Philadelphia Board of Election

Aug. 19, 2008

Aug. 19, 2008

Complaint
118

2:07-cv-00687

Plaintiffs’ Unopposed Motion for Preliminary Approval of the Proposed Class Action Settlement Agreement and for Approval of Class Notice

Kerrigan v. the Philadelphia Board of Election

April 20, 2009

April 20, 2009

Pleading / Motion / Brief
129

2:07-cv-00687

Plaintiffs’ Motion for Final Approval of Class Action Settlement

Kerrigan v. the Philadelphia Board of Election

July 2, 2009

July 2, 2009

Pleading / Motion / Brief
130

2:07-cv-00687

Plaintiffs’ Motion for an Award of Attorneys’ Fees, Litigation Expenses, and Costs

Kerrigan v. the Philadelphia Board of Election

July 2, 2009

July 2, 2009

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4759232/kerrigan-v-the-philadelphia-board-of-election/

Last updated Oct. 24, 2025, 9:37 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS ( Filing fee $ 350 receipt number 936891.), filed by MICHAEL J. MCSHEA, TARIQ MANGUM, RENEE CROSBY, CAROLYN DAVENPORT, KATHLEEN KERRIGAN.(ss, ) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

RECAP

Summons Issued, Five originals mailed as to THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS. Forwarded To: Counsel on 2/21/07 (ss, )

Feb. 21, 2007

Feb. 21, 2007

2

SUMMONS Returned Executed by MICHAEL J. MCSHEA, TARIQ MANGUM, RENEE CROSBY, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY re: LATRICE BROOKS served Summons and Complaint upon THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS by PERSONAL SERVICE. THE PHILADELPHIA BOARD OF ELECTION served on 2/28/2007, answer due 3/20/2007; MARGARET M. TARTAGLIONE served on 2/28/2007, answer due 3/20/2007; EDGAR HOWARD served on 2/28/2007, answer due 3/20/2007; JOSEPH DUDA served on 2/28/2007, answer due 3/20/2007; PHILADELPHIA CITY COMMISSIONERS served on 2/28/2007, answer due 3/20/2007. (jl, ) Additional attachment(s) added on 11/5/2007 (as, ). (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

3

Minute Entry for proceedings held before Judge JOHN R. PADOVA : Telephone Conference held on 3/20/07 (jl, ) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

4

STIPULATION AND ORDER THAT THE DEFENDANTS SHALL HAVE UNTIL 4/6/07 TO RESPOND TO PLAINTIFFS COMPLAINT; ETC.. SIGNED BY JUDGE JOHN R. PADOVA ON 3/26/07. 3/26/07 ENTERED AND COPIES MAILED AND FAXED.(jl, ) Additional attachment(s) added on 8/8/2007 (jl, ). (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

5

STIPULATION AND ORDER THAT THE DEFENDANTS SHALL HAVE UNTIL 4/12/07 TO RESPOND TO PLAINTIFFS' COMPLAINT; ETC.. SIGNED BY JUDGE JOHN R. PADOVA ON 3/28/07. 3/28/07 ENTERED AND COPIES MAILED AND FAXED.(jl, ) Additional attachment(s) added on 6/1/2007 (ac, ). (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

6

MOTION to Dismiss Plaintiffs' Complaint filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, PHILADELPHIA CITY COMMISSIONERS.Memorandum, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Certificate of Service)(PARVEY, TARA) Modified on 4/13/2007 (afm, ). (Entered: 04/12/2007)

April 12, 2007

April 12, 2007

7

Memorandum of Law in Opposition re 6 MOTION to Dismiss Plaintiffs' Complaint filed by MICHAEL J. MCSHEA, TARIQ MANGUM, RENEE CROSBY, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibits in Support of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss Complaint# 2 Text of Proposed Order)(MEEK, ROBERT) Modified on 4/26/2007 (afm, ). (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

8

MOTION to Certify Class filed by MICHAEL J. MCSHEA, TARIQ MANGUM, RENEE CROSBY, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY.Memorandum of Law and Certificate of Service. (Attachments: # 1 Exhibits in Support of Plaintiffs' Motion for Class Certification# 2 Text of Proposed Order)(MEEK, ROBERT) (Entered: 04/30/2007)

1 Exhibits in Support of Plaintiffs' Motion for Class Certification

View on PACER

2 Text of Proposed Order

View on PACER

April 30, 2007

April 30, 2007

RECAP
9

NOTICE of Hearing:TELEPHONE CONFERENCE RE STATUS SET FOR 5/22/2007 11:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE JOHN R. PADOVA. PLAINTIFF WILL INITIATE CALL.(gk, ) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

10

MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFFS' 8 MOTION FOR CLASS CERTIFICATION filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, PHILADELPHIA CITY COMMISSIONERS, Memorandum, Certificate of Service and Order.(PARVEY, TARA) Modified on 5/15/2007 (fh) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

11

Memorandum of Law in Opposition re 10 MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by MICHAEL J. MCSHEA, TARIQ MANGUM, RENEE CROSBY, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY, Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MEEK, ROBERT) Modified on 5/17/2007 (fh) (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

12

MOTION for Leave to File Reply to Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS.Memorandum, Order and Certificate of Service (REPLY ATTACHED). (Attachments: # 1 Exhibit Reply to Plaintiffs' Opposition to Defendants' Motion to Dismiss)(PARVEY, TARA) Modified on 5/18/2007 (afm, ). (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

13

RESPONSE in Opposition re 8 MOTION to Certify Class filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS with Certificate of Service. (PARVEY, TARA) Modified on 5/18/2007 (le, ). (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

14

NOTICE of Hearing:STATUS TELEPHONE CONFERENCE SET FOR 5/30/2007 AT 09:15 AM BEFORE HONORABLE JOHN R. PADOVA.(gk, ) (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

15

Minute Entry for proceedings held before Judge JOHN R. PADOVA : Telephone Conference held on 5/30/07 (jl, ) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

16

ORDERED THAT THIS MATTER IS REFERRED TO MAGISTRATE JUDGE TIMOTHY RICE FOR A SETTLEMENT CONFERENCE TO BE HELD AS SOON AS POSSIBLE; ETC.. SIGNED BY JUDGE JOHN R. PADOVA ON 6/1/07. 6/4/07 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

17

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Settlement Conference held on 6/14/07. (jl, ) Modified on 6/15/2007 (jl, ). (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

18

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Telephone Conference held on 6/22/07 (jl, ) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

19

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Settlement Conference held on 6/28/07. (jl, ) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

20

ORDER THAT A STATUS/SETTLEMENT CONFERENCE IS SCHEDULED FOR 8/1/07 AT 10:30 A.M. IN CHAMBERS; ETC.. SIGNED BY JUDGE JOHN R. PADOVA ON 7/30/07. 7/30/07 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

21

Minute Entry for proceedings held before Judge JOHN R. PADOVA : Status Conference held on 8/1/07. (jl, ) Additional attachment(s) added on 8/1/2007 (jl, ). (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

22

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Telephone Conference held on 9/7/07 (jl, ) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

23

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Telephone Conference held on 9/12/07 (jl, ) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

24

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Settlement Conference held on 9/18/07. (jl, ) (Entered: 09/19/2007)

Sept. 18, 2007

Sept. 18, 2007

25

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Telephone Conference held on 9/26/07 (jl, ) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

26

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Telephone Conference held on 10/4/07 (jl, ) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

27

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Telephone Conference held on 10/15/2007 (ap, ) (Entered: 10/16/2007)

Oct. 15, 2007

Oct. 15, 2007

28

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Status Conference held on 10/16/2007. (ap, ) (Entered: 10/18/2007)

Oct. 17, 2007

Oct. 17, 2007

29

Minute Entry for proceedings held before Judge TIMOTHY R. RICE : Status Conference held on 10/31/07. (jl, ) (Entered: 11/02/2007)

Nov. 1, 2007

Nov. 1, 2007

30

Minute Entry for proceedings held before Judge JOHN R. PADOVA : Telephone Conference held on 11/27/07 (jl, ) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

31

Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE: Telephone Conference held on 12/18/07 (jl, ) (Entered: 12/19/2007)

Dec. 18, 2007

Dec. 18, 2007

32

MOTION for Permanent Injunction filed by MICHAEL J. MCSHEA, TARIQ MANGUM, RENEE CROSBY, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY.Memorandum, Exhibits (via hard copy filed separately), Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MEEK, ROBERT) (Entered: 01/11/2008)

1 Text of Proposed Order

View on PACER

Jan. 11, 2008

Jan. 11, 2008

RECAP
33

EXHIBITS by MICHAEL J. MCSHEA, TARIQ MANGUM, RENEE CROSBY, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY. IN SUPPORT OF PLAINTIFFS' MOTION FOR PERMANENT INJUNCTION. (jl, ) (Entered: 01/14/2008)

Jan. 11, 2008

Jan. 11, 2008

34

NOTICE of Hearing: SCHEDULING CONFERENCE SET FOR 1/29/2008 11:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE JOHN R. PADOVA.(gk, ) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

35

Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA: Scheduling Conference held on 1/29/08. (jl, ) (Entered: 01/29/2008)

Jan. 29, 2008

Jan. 29, 2008

36

ORDER THAT DEFENDANTS MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION IS GRANTED. DEFENDANTS MAY FILE A SUPPLEMENTAL RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION NO LATER THAN 2/29/08. THE TIME FOR FILING DEFENDANTS RESPONSE TO PLAINTIFFS' MOTION FOR PERMANENT INJUNCTION IS EXTENDED UNTIL 3/24/08; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/29/08. 1/29/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 01/29/2008)

Jan. 29, 2008

Jan. 29, 2008

37

ORDER THAT DEFENDANTS' MOTION FOR LEAVE TO FILE A REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS IS GRANTED; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/29/08. 1/29/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 01/29/2008)

Jan. 29, 2008

Jan. 29, 2008

38

DEFENDANTS' REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS (jl, ) (Entered: 01/29/2008)

Jan. 29, 2008

Jan. 29, 2008

39

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS IS DENIED; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/29/08. 1/30/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 01/30/2008)

Jan. 29, 2008

Jan. 29, 2008

RECAP

Set/Reset Deadlines as to 32 MOTION for Permanent Injunction. RESPONSES DUE BY 3/24/2008. (jl, )

Jan. 29, 2008

Jan. 29, 2008

Set/Reset Deadlines as to 8 MOTION to Certify Class. RESPONSES DUE BY 2/29/2008. (jl, )

Jan. 29, 2008

Jan. 29, 2008

40

Notice of Voluntary Dismissal of a Plaintiff filed by RENEE CROSBY, Certificate of Service. (GOLD, STEPHEN) Modified on 1/31/2008 (nd). (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

41

MOTION for Extension of Time to Complete Discovery and Extend Trial Date filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion to Extend Discovery Deadline and Trial Date, # 2 Declaration of Robert Lee, Jr., # 3 Text of Proposed Order, # 4 Certificate of Service)(FLETMAN, ABBE) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

42

MOTION for Reconsideration or in the Alternative for Certification of Interlocutory Appeal and Stay of Proceedings filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion for Reconsideration or, in the Alternative, for Certification of Interlocutory Appeal and Stay of Proceedings, # 2 Proposed orders, # 3 Certificate of service)(FLETMAN, ABBE) Modified on 2/15/2008 (fh) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

43

NOTICE of Withdrawal of Appearance by TARA PARVEY on behalf of THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS (Attachments: # 1 Certificate of Service)(THELEN, CHRISTINE) Modified on 2/14/2008 (nd). (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

44

NOTICE of Appearance by CHRISTINE E. THELEN on behalf of THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS with Certificate of Service (Attachments: # 1 Certificate of Service)(THELEN, CHRISTINE) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

45

NOTICE of Appearance by CHRISTINE E. THELEN on behalf of THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS with Certificate of Service (Attachments: # 1 Certificate of Service)(THELEN, CHRISTINE) **(FILED IN ERROR BY ATTY., ATTY. WILL SUBMIT ORIGINAL TO CLERK'S OFFICE FOR FILING)** Modified on 2/15/2008 (fh) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

46

STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UNTIL 2/21/08 TO RESPOND TO PLAINTIFFS' COMPLAINT; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/14/08. 2/14/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 02/14/2008)

Feb. 14, 2008

Feb. 14, 2008

47

Memorandum in Opposition re 41 MOTION for Extension of Time to Complete Discovery and Extend Trial Date filed by MICHAEL J. MCSHEA, TARIQ MANGUM, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY, Certificate of Service. (Attachments: # 1 Exhibits in Support of Plaintiffs' Opposition to Defendants' Motion to Extend Discovery Deadline and Trial Date, # 2 Text of Proposed Order)(MEEK, ROBERT) Modified on 2/19/2008 (nd). (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

48

ORDER THAT DEFENDANTS' MOTION FOR RECONSIDERATION OR IN THE ALTERNATIVE FOR CERTIFICATION OF INTERLOCUTORY APPEAL AND STAY OF PROCEEDINGS IS DENIED; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/15/08. 2/19/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 02/19/2008)

Feb. 15, 2008

Feb. 15, 2008

49

MOTION for Leave to File a Reply Brief in Support of Defendants' Motion to Extend Discovery Deadline and Trial Date filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS.Proposed Reply Brief in Support of Motion to Extend Discovery Deadline and Trial Date; Supplemental Declaration of Robert Lee, Jr.; Certificate of Service. (Attachments: # 1 Proposed Reply Brief in Support of Motion to Extend Discovery Deadline and Trial Date, # 2 Supplemental Declaration of Robert Lee, Jr., # 3 Certificate of Service, # 4 Text of Proposed Order)(THELEN, CHRISTINE) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

50

NOTICE of Appearance by KEVIN GREENBERG on behalf of THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS with CERTIFICATE OF SERVICE (Attachments: # 1 CERTIFICATE OF SERVICE)(jl, ) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

51

ANSWER to 1 Complaint, by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS. (Attachments: # 1 Certificate of Service)(THELEN, CHRISTINE) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

52

DEFENDANTS' REPLY BRIEF IN SUPPORT OF MOTION TO EXTEND DISCOVERY DEADLINE AND TRIAL DATE, DECLARATION. (jl, ) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

53

ORDER THAT DEFENDANTS MOTION TO EXTEND DISCOVERY DEADLINE AND TRIAL DATE IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS' MOTION FOR LEAVE TO FILE A REPLY BRIEF IS GRANTED. THE TIME FOR FILING DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR PERMANENT INJUNCTION IS EXTENDED UNTIL 4/15/08. THE HEARING ON PLAINTIFF'S MOTION FOR PERMANENT INJUNCTION IS HEREBY CONTINUED UNTIL 6/16/08 AT 9:30 A.M.; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/27/08. 2/28/08 ENTERED AND E-MAILED, MAILED.(jl, ) Modified on 2/28/2008 (jl, ). (Entered: 02/28/2008)

Feb. 27, 2008

Feb. 27, 2008

Set/Reset Deadlines as to 32 MOTION for Permanent Injunction.DEFENDANTS RESPONSES TO PLAINTIFF'S MOTION FOR PERMANENT INJUNCTION DUE BY 4/15/2008. MOTION HEARING FOR PERMANENT INJUNCTION SET FOR 6/16/2008 09:30 AM BEFORE HONORABLE JOHN R. PADOVA. (jl, )

Feb. 27, 2008

Feb. 27, 2008

54

NOTICE of Hearing on Motion 32 MOTION for Permanent Injunction : MOTION HEARING SET FOR 6/16/2008 10:00 AM IN COURTROOM 17B BEFORE HONORABLE JOHN R. PADOVA.(gk, ) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

Set/Reset Deadlines (le, )

Feb. 28, 2008

Feb. 28, 2008

55

Supplemental Memorandum of Law in Opposition 8 MOTION to Certify Class filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (part 1), # 8 Exhibit G (part 2), # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Certificate of Service, # 13 Text of Proposed Order)(THELEN, CHRISTINE) Modified on 3/6/2008 (fh, ). (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

56

MOTION for Leave to File Reply Brief filed by MICHAEL J. MCSHEA, TARIQ MANGUM, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY.Reply Memorandum, Attachment, Certificate of Service. (Attachments: # 1 Reply Brief in Support of Plaintiffs' Motion for Class Certification, # 2 Exhibit 1 to Plaintiffs' Reply Brief in Support of Motion for Class Certification, # 3 Revised Proposed Class Certification Order, # 4 Proposed Order Granting Plaintiffs Leave to File Reply Brief in Support of Motion for Class Certification)(MEEK, ROBERT) (Entered: 03/05/2008)

March 5, 2008

March 5, 2008

57

MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION FOR CLASS CERTIFICATION IS GRANTED. THIS CASE SHALL PROCEED ON BEHALF OF THE FOLLOWING CLASS: ALL ELIGIBLE PHILADELPHIA COUNTY VOTERS WITH MOBILITY DISABILITIES WHO EITHER BECAME ELIGIBLE TO VOTE OR DEVELOP A MOBILITY DISABILITY AFTER 10/22/01; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/13/08. 3/17/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 03/17/2008)

March 14, 2008

March 14, 2008

RECAP
58

STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UNTIL 4/22/08 TO FILE THEIR RESPONSE TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/2/08. 4/2/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

59

MOTION for Summary Judgment filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS.Memorandum of Law, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit 1 to Exhibit B, # 5 Exhibit 2 to Exhibit B, # 6 Exhibit 3 to Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Proposed Order, # 16 Certificate of Service)(FLETMAN, ABBE) (Entered: 04/18/2008)

April 18, 2008

April 18, 2008

60

MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment filed by MICHAEL J. MCSHEA, TARIQ MANGUM, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY.Certificate of SErvice. (Attachments: # 1 Text of Proposed Order)(MEEK, ROBERT) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

61

ORDER THAT PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED. PLAINTIFFS SHALL FILE THEIR RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON OR BEFORE 5/30/08; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/21/08. 4/21/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

62

RESPONSE in Opposition re 32 MOTION for Permanent Injunction filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS. (Attachments: # 1 Exhibit A to Memorandum in Opposition, # 2 Proposed Order, # 3 Certificate of Service)(FLETMAN, ABBE) (Entered: 04/22/2008)

April 22, 2008

April 22, 2008

63

RESPONSE in Opposition re 59 MOTION for Summary Judgment (Exhibits Will Be Filed By Hand Delivery) filed by MICHAEL J. MCSHEA, TARIQ MANGUM, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY. (Attachments: # 1 Plaintiffs' Responses to Defendants' Statement of Undisputed Material Facts and Plaintiffs' Statement of Supplemental Material Facts, # 2 Text of Proposed Order)(MEEK, ROBERT) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

64

EXHIBITS by MICHAEL J. MCSHEA, TARIQ MANGUM, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY. IN SUPPORT OF THEIR MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. (jl, ) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

65

Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA: Telephone Conference held on 6/9/08 (jl, ) (Entered: 06/10/2008)

June 10, 2008

June 10, 2008

66

NOTICE of Hearing on Motion 32 MOTION for Permanent Injunction : MOTION HEARING RESCHEDULED FOR 8/4/2008 10:00 AM IN COURTROOM 18B BEFORE HONORABLE JOHN R. PADOVA.(gk, ) (Entered: 06/10/2008)

June 10, 2008

June 10, 2008

67

MOTION for Extension of Time to File Response/Reply as to 63 Response in Opposition to Motion, filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS.Certificate of Service. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(THELEN, CHRISTINE) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

68

ORDER THAT DEFENDANT'S MOTION FOR EXTENSION OF TIME IS GRANTED. THE DEFENDANTS MUST FILE THEIR REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT NO LATER THAN 6/18/08; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 6/12/08. 6/13/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 06/13/2008)

June 12, 2008

June 12, 2008

69

STIPULATION by MICHAEL J. MCSHEA, TARIQ MANGUM, THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS. (MEEK, ROBERT) (Entered: 06/17/2008)

June 17, 2008

June 17, 2008

70

RESPONSE in Support re 59 MOTION for Summary Judgment filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS. (Attachments: # 1 Defendants' Response to Plaintiffs' Statement of Supplemental Materials Facts, # 2 Exhibit A, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Certificate of Service)(FLETMAN, ABBE) (Additional attachment(s) added on 6/19/2008: # 21 Exhibit I, # 22 Exhibit J) (nd, ). (Entered: 06/18/2008)

June 18, 2008

June 18, 2008

71

MOTION to Substitute Party filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS.Certificate of Service. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(THELEN, CHRISTINE) (Entered: 06/18/2008)

June 18, 2008

June 18, 2008

72

MOTION to Strike Evidence Used in Support of Defendants' Motion for Summary Judgment filed by MICHAEL J. MCSHEA, TARIQ MANGUM, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(MEEK, ROBERT) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

73

MOTION in Limine (Exhibits A through V filed separately with Clerk's Office) filed by MICHAEL J. MCSHEA, TARIQ MANGUM, ANTHONY HOLIDAY.Memorandum of Law, Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MEEK, ROBERT) (Entered: 07/01/2008)

July 1, 2008

July 1, 2008

74

EXHIBITS IN SUPPORT OF PLAINTIFFS' MOTION IN LIMINE (jl, ) (Entered: 07/02/2008)

July 1, 2008

July 1, 2008

75

RESPONSE to Motion re 72 MOTION to Strike Evidence Used in Support of Defendants' Motion for Summary Judgment filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(THELEN, CHRISTINE) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

76

MOTION in Limine filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support of Defendants Motion in Limine, # 2 Exhibit A to Memorandum, # 3 Exhibit B to Memorandum, # 4 Exhibit C to Memorandum, # 5 Proposed Order, # 6 Certificate of Service)(THELEN, CHRISTINE) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

77

ORDER THAT PLAINTIFF'S MOTION TO STRIKE EVIDENCE USED IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS DENIED; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 7/11/08.7/11/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

78

RESPONSE to Motion re 73 MOTION in Limine (Exhibits A through V filed separately with Clerk's Office) and Motion for Leave to Amend Answer filed by THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, EDGAR HOWARD, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS. (Attachments: # 1 Exhibit A to Memorandum, # 2 Exhibit B to Memorandum - Part 1, # 3 Exhibit B to Memorandum - Part 2, # 4 Exhibit C to Memorandum, # 5 Motion for Leave to Amend Answer, # 6 Proposed Order, # 7 Certificate of Service)(THELEN, CHRISTINE) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

79

Memorandum of Law in Opposition re 76 MOTION in Limine filed by MICHAEL J. MCSHEA, TARIQ MANGUM, ANTHONY HOLIDAY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(MEEK, ROBERT) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

80

Response in Opposition to Defendants' Motion for Leave to Amend Answer by MICHAEL J. MCSHEA, TARIQ MANGUM, ANTHONY HOLIDAY. (Attachments: # 1 Text of Proposed Order) (MEEK, ROBERT) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

81

ORDER THAT THE HONORABLE ANTHONY CLARK WILL BE SUBSTITUTED IN PLACE OF DEFENDANT, FORMER COMMISSIONER EDGAR HOWARD AND THE CAPTION OF CASE SHALL BE CHANGED TO: KATHLEEN KERRIGAN, ANTHONY HOLIDAY, MICHAEL MCSHEA, TARIQ MANGUM AND CAROLYN DAVENPORT, ON BEHALF OF THEMSELVES AND ALL OTHER INDIVIDUALS SIMILARLY SITUATED, PLAINTIFFS VS. THE PHILADELPHIA BOARD OF ELECTION; MARGARET TARTAGLIONE, JOSEPH DUDA AND ANTHONY CLARK, PHILADELPHIA CITY COMMISSIONERS, IN THEIR OFFICIAL CAPACITIES, DEFENDANTS; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 7/18/08. 7/22/08 ENTERED AND E-MAILED.(jl, ) (Entered: 07/22/2008)

July 21, 2008

July 21, 2008

82

Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA: Telephone Conference held on 7/21/08 (jl, ) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

83

NOTICE of Hearing on Motion 32 MOTION for Permanent Injunction : MOTION HEARING RESCHEDULED FOR 8/25/2008 10:00 AM IN COURTROOM 17B BEFORE HONORABLE JOHN R. PADOVA.(gk, ) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

84

MOTION for Leave to File a Reply Brief in Support of Defendants' Motion to Amend Answer filed by ANTHONY CLARK, THE PHILADELPHIA BOARD OF ELECTION, MARGARET M. TARTAGLIONE, JOSEPH DUDA, PHILADELPHIA CITY COMMISSIONERS.Brief, Certificate of Service. (Attachments: # 1 Reply Brief in Support of Defendants' Motion to Amend Answer, # 2 Certificate of Service)(THELEN, CHRISTINE) (Entered: 07/28/2008)

July 28, 2008

July 28, 2008

85

NOTICE of Hearing on Motion 59 MOTION for Summary Judgment : ORAL ARGUMENT SET FOR 7/31/2008 10:00 AM IN COURTROOM 17B BEFORE HONORABLE JOHN R. PADOVA.(gk, ) (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

86

Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA: Telephone Conference held on 7/29/08 (jl, ) (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

87

Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA: Summary Judgment/Argument held on 7/31/08. Counsel address the Court on behalf of Plaintiff and Defendant. Hearing taken under advisement. Court Reporter: ESR. (mac, ) (Entered: 08/04/2008)

Aug. 4, 2008

Aug. 4, 2008

88

TRANSCRIPT of HEARING held on 7/31/08, before Judge PADOVA. Court Reporter/Transcriber JEN CABRERA. 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 9/3/2008. Redacted Transcript Deadline set for 9/15/2008. Release of Transcript Restriction set for 11/12/2008. (jl, ) (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

89

Notice of Filing of Official Transcript with Certificate of Service re 88 Transcript - PDF, 8/13/08 Entered and Copies Emailed and Mailed.. (jl, ) (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

90

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/14/08. (Attachments: # 1 appendix a, # 2 appendix b, # 3 appendix c) 8/14/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

RECAP
91

AMENDED COMPLAINT against MARGARET M. TARTAGLIONE, JOSEPH DUDA, CITY OF PHILADELPHIA, PENNSYLVANIA DEPARTMENT OF STATE, PEDRO A. CORTES, ANTHONY CLARK, filed by MICHAEL J. MCSHEA, TARIQ MANGUM, RENEE CROSBY, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY, CERTIFICATE OF SERVICE.(jl, ) (Entered: 08/20/2008)

Aug. 19, 2008

Aug. 19, 2008

RECAP

AMENDED Summons Issued as to MARGARET M. TARTAGLIONE, JOSEPH DUDA, CITY OF PHILADELPHIA, PENNSYLVANIA DEPARTMENT OF STATE, PEDRO A. CORTES, ANTHONY CLARK. Forwarded To: STEPHEN GOLD on 8/20/08 (jl, )

Aug. 19, 2008

Aug. 19, 2008

92

MOTION for Clarification, Reconsideration or, in the Alternative, Certification of Interlocutory Appeal and Stay of Proceedings filed by MARGARET M. TARTAGLIONE, JOSEPH DUDA, CITY OF PHILADELPHIA, ANTHONY CLARK.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion for Clarification of the Court's August 14, 2008 Order, Reconsideration or, in the Alternative, for Certification of Interlocutory Appeal and Stay of Proceedings, # 2 Proposed Order, # 3 First Alternative Proposed Order, # 4 Alternative Proposed Order, # 5 Certificate of Service)(FLETMAN, ABBE) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

93

SUMMONS Returned Executed by MICHAEL J. MCSHEA, TARIQ MANGUM, RENEE CROSBY, CAROLYN DAVENPORT, KATHLEEN KERRIGAN, ANTHONY HOLIDAY re: EVELYN MULIVER served Summons and Complaint upon MARGARET M. TARTAGLIONE, JOSEPH DUDA, CITY OF PHILADELPHIA, PENNSYLVANIA DEPARTMENT OF STATE, PEDRO A. CORTES, ANTHONY CLARK by Personal Service. MARGARET M. TARTAGLIONE served on 8/26/2008, answer due 9/15/2008; JOSEPH DUDA served on 8/26/2008, answer due 9/15/2008; CITY OF PHILADELPHIA served on 8/26/2008, answer due 9/15/2008; PENNSYLVANIA DEPARTMENT OF STATE served on 8/27/2008, answer due 9/16/2008; PEDRO A. CORTES served on 8/27/2008, answer due 9/16/2008; ANTHONY CLARK served on 8/26/2008, answer due 9/15/2008. (stb, ) (Entered: 09/02/2008)

Aug. 29, 2008

Aug. 29, 2008

94

Memorandum of Law in Opposition re 92 MOTION for Clarification, Reconsideration or, in the Alternative, Certification of Interlocutory Appeal and Stay of Proceedings filed by MICHAEL J. MCSHEA, TARIQ MANGUM, Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MEEK, ROBERT) Modified on 9/4/2008 (nd). (Entered: 09/03/2008)

Sept. 3, 2008

Sept. 3, 2008

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Disability Rights

Election/Voting Rights

Key Dates

Filing Date: Feb. 21, 2007

Closing Date: Oct. 2, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

private plaintiffs with mobility disabilities

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Board of Elections of Philadelphia (Philadelphia), City

City of Philadelphia (Philadelphia), City

Philadelphia Department of State, State

Secretary of the Commonwealthy, State

Philadelphia City Commissioners (Philadelphia), City

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Voting Accessibility law, 52 U.S.C. § 20102 (previously 42 U.S.C. §§ 1973ee et seq.)

Other Dockets:

Eastern District of Pennsylvania 2:07-cv-00687

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $360,000

Issues

Disability and Disability Rights:

Mobility impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Voting:

Election administration

Voting: General & Misc.

Voting: Physical/Effective Access